Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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, APRIL 4, 2005 No. 36 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 5, 2005, at 2 p.m. Senate MONDAY, APRIL 4, 2005

The Senate met at 2 p.m. and was APPOINTMENT OF ACTING We have also returned to the sad called to order by the Honorable RICH- PRESIDENT PRO TEMPORE news of the passing of one of our ARD M. BURR, a Senator from the State The PRESIDING OFFICER. The former colleagues, Senator Howell Hef- of North Carolina. clerk will please read a communication lin of Alabama. Our thoughts and to the Senate from the President pro prayers go out to his family. PRAYER tempore (Mr. STEVENS). With regard to the schedule this The assistant legislative clerk read week, we have a busy legislative sched- The Chaplain, Dr. Barry C. Black, of- the following letter: ule with a number of scheduling chal- fered the following prayer: U.S. SENATE, lenges over the next several days. We Let us pray. PRESIDENT PRO TEMPORE, hope to begin consideration of the God, the fountain of every blessing, Washington, DC, April 4, 2005. State Department authorization bill we thank You for the life and legacy of To the Senate: tomorrow, on Tuesday. Chairman Pope John Paul II. You blessed our Under the provisions of rule I, paragraph 3, LUGAR is preparing to bring that bill to of the Standing Rules of the Senate, I hereby world with his intellectual strength the floor, and we hope to complete appoint the Honorable RICHARD M. BURR, a work on that over the course of the and compassionate heart. You chal- Senator from the State of North Carolina, to lenged our spirits with his advocacy of perform the duties of the Chair. next couple of days. I hope we can justice and his pursuit of peace. TED STEVENS, reach an agreement that will allow that bill to come forward, with amend- God of all mercies, comfort those President pro tempore. ments relevant to the underlying legis- who mourn. Be particularly near to the Mr. BURR thereupon assumed the Chair as Acting President pro tempore. lation. family of Doug Fertig, Director of In addition, on Wednesday, there will Human Resources for our Senate fam- f be a joint meeting of the House and ily, who died on Friday. Remind us RECOGNITION OF THE MAJORITY Senate to receive an address by that nothing can separate us from Your LEADER Ukrainian President Viktor love. The ACTING PRESIDENT pro tem- Yushchenko. That is scheduled for 11 Bless today the work of our Senators. pore. The majority leader is recog- a.m. We ask that Members be in the Empower them with increasing aware- nized. Senate Chamber at approximately 10:30 ness and openness of heart. Give them f so we may proceed together to the Hall wisdom and courage for the living of of the House of Representatives for these days. We pray in Your eternal SCHEDULE that address. Name. Mr. FRIST. Mr. President, the Sen- Also this week, we have a couple of Amen. ate returns to session today and joins district judges who are available for the world in mourning the death of consideration, and we will want to f Pope John Paul II. I know many of my schedule those for floor action. colleagues will want to pay tribute to On behalf of the Republican and one of our greatest spiritual leaders. Democratic Policy Committees, I re- PLEDGE OF ALLEGIANCE Therefore, we will have a period of mind everybody that on Tuesday we The Honorable RICHARD M. BURR led morning business throughout the day will have a floor debate on the issue of the Pledge of Allegiance, as follows: to accommodate those speeches. I also Social Security. Senators SANTORUM, I pledge allegiance to the Flag of the alert my colleagues that we are work- DEMINT, DURBIN, and STABENOW will United States of America, and to the Repub- ing on a Senate resolution which would participate in the scheduled debate. I lic for which it stands, one nation under God, pay the appropriate respect and tribute encourage all Members to listen to this indivisible, with liberty and justice for all. to Pope John Paul. constructive conversation. I applaud

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

S3113

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3114 CONGRESSIONAL RECORD — SENATE April 4, 2005 both policy committees for preparing Senator BIDEN, driving down from world. He practiced and inspired resist- this format. I was pleased to work with Delaware, could not make it. He had to ance to the great totalitarian systems the Democratic leader in securing a drive 35, 40 miles. that rose and, with his help, fell in the time for this debate tomorrow. This Again, we send our condolences to 20th century. He had the key insight week, Senator COCHRAN will be mark- Tom, his son, and Mike, his widow. As that, in his words, ‘‘the historical expe- ing up the supplemental appropriations a Senate family, we felt so good about rience of socialist countries has sadly bill. We hope to have that available Senator Heflin in life and in death. demonstrated that collectivism does next week. ADDRESS OF PRESIDENT YUSHCHENKO not do away with alienation, but rath- Again, we have much on the plate for I also say this to the majority leader. er increases it, adding to it a lack of this week both in terms of floor sched- I had the good fortune during this basic necessities and economic ineffi- ule and other important Senate events. break to lead a bipartisan CODEL. We ciency.’’ I look forward to a busy legislative pe- had the opportunity to sit down and His historic trip to Poland in 1979 riod this spring, and trust all of my talk to President Yushchenko. Here is catalyzed the Solidarity movement and colleagues are rested and ready to pro- a man they tried to kill. We think we led to the peaceful dissolution of the ceed. know who tried to assassinate him. Soviet empire. f Here is a man whose face is a little dis- John Paul fostered harmony between figured, but his spirit is not. He has the Catholics, Eastern Orthodox, and RECOGNITION OF THE MINORITY ability, I believe, to bring about a Protestant Christians. He reached out LEADER change in that country that will be for in friendship to Jews and members of The ACTING PRESIDENT pro tem- generations to come. It is a burgeoning other faiths, and he warmly promoted pore. The minority leader is recog- democracy. Things are on the move, interfaith understanding. nized. and he has a dynamic personality. I am He was the first Pope to visit a f glad he is going to be able to address a mosque and the first Pope to visit a TRIBUTE TO SENATOR HOWELL joint session of Congress because he is synagogue. A poet, a playwright, and a HEFLIN what our country is all about. So I philosopher, Pope John Paul II dedi- commend and applaud the Speaker for cated himself to the defense of the Mr. REID. Mr. President, it is my un- arranging for this man, a good man, to weakest and most vulnerable members derstanding that the distinguished Re- speak before a joint session of Con- of the human family. publican leader is going to make a gress. It will make us all better for He eloquently defended the right to statement regarding the Pope. I think having the ability and the opportunity life of every human being, irrespective that is timely. I will do so at a later to listen to him. of race or sex, age or size, stage of de- time today. I apologize to the leader for taking velopment, or condition of dependence. I wanted to pay tribute to Howell more time than usual, but I will return He believed that ‘‘science can purify Heflin. He was a wonderful man who at a later time and make some remarks religion from error and superstition. served in the Senate for 18 years. He about the Pope, who passed away. Religion can purify science from idol- actually revolutionized the court sys- The ACTING PRESIDENT pro tem- atry and false absolutes.’’ tem in Alabama. The first amendment pore. The majority leader is recog- On his visits to the United States, he they ever had to their Constitution was nized. called on all Americans to be faithful a result of his reorganization of the f to the great principles of liberty in- court when he was chief justice of the HONORING POPE JOHN PAUL II cluded in our Declaration of Independ- Alabama Supreme Court. ence and in the Constitution. Even in Howell Heflin holds the record here, Mr. FRIST. Mr. President, today, his last frail moments, he remained de- serving as a member of the Ethics this body, the Senate, and the world voted to God and the cause of justice. Committee for 13 years. He did that community grieve for the passing of His selfless service to God and man will with dignity during some of the most Pope John Paul II. He passed away Sat- remain an inspiration to all people of difficult times we have seen in the Sen- urday evening, April 2, in his bed over- good will across the globe. ate with some of the problems Senators looking St. Peter’s Square. Millions of I will close with a poem he wrote for had. Catholics and non-Catholics alike his mother at the age of 19. It reflects I had the good fortune of traveling to mourn the departure of one of the his extraordinarily sensitive nature Alabama yesterday to be with his greatest spiritual leaders and moral and closes with a prayer the world now widow Mike at that funeral in the rural teachers of the modern era. sends out to him. It is entitled ‘‘Over community of Tuscumbia, AL. That is Pope John Paul set an extraordinary This, Your White Grave’’: where he had his home and law prac- example of personal integrity and cour- tice and where he died. He had very lit- Over this, your white grave, age, not only for his fellow Catholics The flowers of life in white, tle suffering. He was 83 years old. He but for people of every religious and So many years without you, got sick one afternoon and died within philosophical viewpoint. How many have passed out of sight? an hour or two after that. Pope John Paul was born Karol Jo- Over this, your white grave, The Senate will always be a better seph Wojtyla on May 18, 1920, in Po- Covered for years, there is a stir place as a result of Senator Heflin hav- land, a country which at the time was In the air, something uplifting ing been a Member. Death comes at in- a desolate, impoverished, and war-torn And, like death, beyond comprehension. opportune times. I want his widow to place. By the time John Paul reached Over this, your white grave, know that even though there were only Oh, Mother, can such loving cease? the age of 21, every close member of his For all his filial adoration a few Senators there, including Sen- family had died. Most people would A prayer: ator BINGAMAN, and Senator SHELBY, have been devastated by such losses. Give her eternal peace. who had another funeral he had to go But for John Paul, this early experi- Mr. President, I yield the floor. to, Senator SESSIONS was there, it ence of suffering deepened his spiritu- came at such an inopportune time. It ality and his capacity to find meaning f was the end of the recess period. People in man’s frailty. RESERVATION OF LEADER TIME didn’t know about it, and it was hard John Paul was ordained as a priest at for people to be there, but it doesn’t the age of 26. In 1964, he became the The ACTING PRESIDENT pro tem- take away from the dignity of that pro- Bishop of Krakow. Three years later, pore. Under the previous order, the ceeding. It was a wonderful funeral. I he was elevated to cardinal by Pope leadership time is reserved. received a number of phone calls yes- Paul VI. In 1978, he became the first f terday and today of people wanting to non-Italian in 455 years to be elected be there. For example, the wind was so Pope of the Catholic Church. MORNING BUSINESS heavy yesterday that they had to For the next 21⁄2 decades, Pope John The ACTING PRESIDENT pro tem- change the place of takeoff from An- Paul campaigned tirelessly for human pore. Under the previous order, there drews to Dulles. As a result of that, rights and dignity throughout the will be a period for the transaction of

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3115 morning business, with Senators per- have gone through such major events China’s assistance to weapons of mass de- mitted to speak for up to 10 minutes as 9/11, the current conflict in Iraq, and struction-related programs in countries of each. an ideological shift in the way we fight concern continues despite repeated promises The Senator from Oklahoma. war. I wish I could say that with the to end such activities and the repeated impo- Mr. INHOFE. Mr. President, I believe sition of U.S. sanctions. The Chinese Govern- new administration China’s conduct ment and Chinese enterprises have assisted we secured acceptance from the other has changed. President Bush has taken such states to develop their nuclear infra- side for me to speak for 45 minutes. I some steps in the right direction, nota- structure, chemical weapons capabilities, might go 10 minutes longer. I ask bly rejuvenating the missile defense and/or ballistic missile systems notwith- unanimous consent that I be recog- system; however, I am afraid that tran- standing a consistent history of denials. nized for 55 minutes as in morning spiring events tell a different story. Libya’s decision to open up its weapons of business. Since 2000, the United States-China mass destruction programs and the revela- The ACTING PRESIDENT pro tem- Security Economic Review Commis- tions by Pakistan that A.Q. Khan supplied uranium enrichment technology to Libya, pore. Without objection, it is so or- sion has been holding hearings and dered. Iran, and North Korea, provides new insight issuing annual reports to evaluate ‘‘the into China’s legacy of proliferation. China’s f national security implications of the continued failure to adequately curb its pro- CHINA’S SPREADING GLOBAL bilateral trade and economic relation- liferation practices poses significant na- INFLUENCE ship between the United States and the tional security concerns to the United People’s Republic of China.’’ Congress States. Mr. INHOFE. Mr. President, as I have established the Commission to act as Again, this is not new. As I stated on done many times before on this floor, I the bipartisan authority on how our re- the floor on March 15, 1999, China has rise to address a national security lationship with China affects our econ- been stealing our nuclear secrets, but, issue of the highest importance, one omy, industrial base, China’s military as the Commission points out, China is that demands our utmost attention. I and weapons proliferation, and our in- now sharing its nuclear knowledge— wish to alert this body and the Amer- fluence in Asia. I fear their reports some of it is quite possibly ours—with ican people to China’s spreading global have gone largely unnoticed. It is re- other countries. For years China has influence and the imminent threat this markable they have gone unnoticed as transferred ballistic and cruise missile poses to our national security. significant as they were. technology to countries with troubling Our past concerns have come to fru- In a most recent report, dated June proliferation records, but these transition on all levels—economically, mili- of 2004, less than a year ago, the Com- fers have evolved to become even more tarily, and ideologically. We are on a mission makes this alarming opening problematic. collision course. As I will detail, China statement. This is a bipartisan report: Again I quote from the bipartisan has become a progressive danger we Based on our analyses to date, as docu- Commission that spent 4 years study- can no longer afford to overlook. As I mented in detail in our report, the Commis- ing this relationship: said, this is not new. Over the years I sion believes that a number of the current . . . Chinese transfers have evolved from have made numerous remarks on the trends in U.S.-China relations have negative sales of complete missile systems, to exports Senate floor regarding our national se- implications for our long-term economic and of largely-dual use nuclear, chemical, and curity and China. national security interests and therefore missile components and technologies . . . During the Clinton administration, that U.S. policies in these areas are in need Recent activities ‘‘have aggravated trends there were growing concerns about Chi- of urgent attention and course corrections. that result in ambiguous technical aid, more nese espionage, which were later con- As the report and recent events show, indigenous capabilities, longer range mis- firmed in the Cox report. The report China has continued on an alarming siles, and secondary proliferation.’’ Con- showed that reality surpassed our course in conflict with our national se- tinuing intelligence reports indicate that the worst fears. China had been stealing curity. Chinese cooperation with Pakistan and Iran U.S. nuclear secrets. The W–88 war- Last January, the Bush administra- remains an integral element of China’s foreign policy . . . Beijing’s failure to control head, with which we are all familiar, tion imposed sanctions against eight large Chinese companies for aiding such transfers gives the appearance that was the crown jewel of our nuclear pro- these are allowed in accordance with an gram which allowed for up to 10 nu- Iraq’s missile program and transferring unstated national policy. China has gen- clear warheads to be attached to the technology to other problematic coun- erally tried to avoid making fundamental same missile. In 1995, we discovered tries. There was no public announce- changes in its transfer policies by offering that China had stolen this technology. ment, and the only reason we know the United States carefully worded commit- Under President Clinton, U.S. compa- about this is that some Sino-American ments or exploiting differences between nies such as Loral Space and Commu- Web sites came across this information agreements. nications and Hughes Electronics were on page 133 in the Federal Register. As further evidence of this disturbing given the green light to improve the Last December, four companies were proliferation, the CIA report to Con- precision and reliability of China’s sat- sanctioned for the same reason. Many gress in mid-2003 said that ‘‘firms in ellites and their nuclear missiles, other examples can be cited from 2004, China provided dual-use missile-related undoing 50 years of technology export with some of these companies being re- items, raw materials, and/or assistance restrictions. China also gained the ca- peatedly penalized for more than a dec- to . . . countries of proliferation con- pability of accurately reaching the ade. The fact is that China has repeat- cern such as Iran, Libya, and North continental United States with nuclear edly vowed to curb its weapons sales Korea.’’ missiles and targeted between 13 and 18 and has gone back on its promises. Virtually every country we worry U.S. cities. All of this occurred while This has been going on for some time. about possesses or has access to some President Clinton proclaimed ‘‘not one I spoke of this on the Senate floor on form of chemical, biological, or nuclear missile is pointed at American chil- June 23, 1999. weapon, but most lack effective deliv- dren.’’ This body responded by inves- Beijing made nonproliferation com- ery systems. China is a proven violator tigating to what extent we were lied to mitments in 1992, 1994, 1998, 2000, and of nonproliferation treaties that keep and our security was compromised, but most recently in 2002. The U.S. State such countries from gaining access to ultimately nothing changed. Department admits these guarantees delivery system technology. According From those events, the Chinese Gov- came about ‘‘only under the imminent to State Department testimony, China ernment learned that it could rely on threat, or in response to the actual im- has a ‘‘serial proliferation problem,’’ our acquiescence and charged ahead. position, of sanctions.’’ and while the official line is to crack China transferred prohibited weapons The Commission report comments on down on weapons trade, ‘‘reality has technology to North Korea, Pakistan, China’s continued assistance to coun- been quite different.’’ In her January Libya, Iraq, Iran, Syria, and other tries such as Libya, Pakistan, Iran, and Senate confirmation hearings, Sec- countries. China threatened to absorb North Korea. This assistance has con- retary of State Condoleezza Rice listed Taiwan and intimidated our regional tinued despite nonproliferation assur- six countries as ‘‘outposts of tyranny.’’ treaty allies, South Korea and Japan. ances as the report outlines. Keep in China has strong ties to four of these. That was 5 years ago. Since then we mind, they have agreed to all these They are Cuba, Burma, North Korea, have had a new administration and agreements, and yet the report says: and Iran.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3116 CONGRESSIONAL RECORD — SENATE April 4, 2005 Recently, Iran has been in the head- rorist-sponsoring states with various forms der where the terrorists are coming lines because of its support for ter- of weapons of mass destruction-related items across maiming children, cutting their rorism, threatening posture, and nu- and technical assistance, even in the face of limbs and their lips off. It is horrible. clear program. China supplying them U.S. sanctions. But this pursuit of oil diplo- It is beyond description. I do not think with weapons technology is similar to macy may support objectives beyond just energy supply. Beijing’s bilateral arrange- there has been anything like that since the role the Soviet Union played in the ments with oil-rich Middle Eastern states the Holocaust. Yet China is supporting Cuban missile crisis. It is probably also helped create diplomatic and strategic that group. worse because at least in Cuba, the alliances with countries that were hostile to Not only are they willing to use the U.S.S.R. maintained control of the the United States. For example, with U.S. U.N. to safeguard its energy sources weapons and technology. On the other interests precluded from entering Iran, but also its regional influence. This is hand, China is fully willing to pro- China may hope to achieve a long-term com- not new. In 2003, the United States liferate regardless of the consequences. petitive advantage relative to the United spearheaded the proliferation security Some say the real issue is with private States. initiative as a multilateral weapons of companies and Beijing does not have Over time, Beijing’s relationship-building may counter U.S. power and enhance Bei- mass destruction interdiction strategy. knowledge of what is going on. jing’s ability to influence political and mili- The initiative has proven effective, With the delicate situation in North tary outcomes. One of Beijing’s stated goals particularly in the interception of cen- Korea, the Bush administration is is to reduce what it considers U.S. super- trifuge parts bound for Libya. The holding that line. But the fact remains power dominance in favor of a multipolar Bush administration believes this suc- that at the very least, the Chinese Gov- global power structure in which China at- cess was a major reason Libya peace- ernment is negligent in deterring such tains superpower status on par with the fully ended its nuclear program. proliferation and apparently does not United States. Major European and Asian countries feel any pressure to do so. However, as In Venezuela, anti-American Presi- have joined and China was invited to some of these companies are closely dent Hugo Chavez announced a $3 bil- participate and refused, citing dubious linked with the Chinese military, it is lion trade strategy with China, includ- concerns about the delicate situation clear that the government is not so ig- ing provision for oil and gas. Army in North Korea. To quote the Commis- norant as we may like to imagine. GEN Bantz Craddock, who heads the sion: This continued proliferation in the United States Southern Command, China appears to be working through the face of intense pressure to stop makes stated that China is increasing its in- United Nations to not only undermine the me ask the question: What is China fluence in South America, filling a vac- initiative but also to render it globally inef- getting in return? China seems to pro- uum left by the United States. fective. This has been accomplished by get- liferate with countries that have been In his March 9 House testimony, Gen- ting the United States to drop a provision on terrorist sponsors, such as Iran, Iraq, eral Craddock called China’s progres- the interdiction of foreign vessels carrying banned weapons on the high seas. and Libya. These countries offer China sive interest in the region ‘‘an emerg- something they desperately need, and ing dynamic that could not be ig- I think it is worth repeating what the that is oil. That is what is significant. nored.’’ Commission statement said: Energy is a major problem facing I have been traveling to Africa for One of Beijing’s stated goals is to reduce China, which ranks No. 2 in the world many years. The Chinese are every- what it considers U.S. superpower dominance for consumption. This is very inter- in favor of multipolar global power structure where. I just got back last night from in which China attains superpower status on esting because right now we have been Africa. I saw a conference building talking about the fact we have a very par with the United States. being constructed, given to them free, The tense situation in Taiwan con- serious problem in not having an en- from China, and we know what kind of ergy policy, not being able to pass an tinues to simmer. A few days ago, the relationship that gives them. I saw a Chinese Communist Party formalized a energy bill—it has been killed by peo- conference center being constructed in ple who think we do not need to run new stance on Taiwan. The following the Congo. I saw a large sports sta- was approved by the National People’s this great machine called America. dium. Both were donated by the Chi- Since my floor speeches in 1999, Chi- Congress: nese. China has been expanding its in- na’s oil imports have doubled and If possibilities for a peaceful reunification fluence throughout Africa with surged upwards of 57 percent in the last should be completely exhausted, the state year alone. I have a chart that shows projects like this. shall employ nonpeaceful means and other what could very well happen in the fu- One saying I heard was: The U.S. necessary measures to protect China’s sovereignty and territorial integrity. ture. This chart starts in 1990 and goes tells you what you need, but China to 2025 and shows what China’s pro- gives you what you want. This represents a change from earlier jected oil production versus consump- Has China suddenly become compas- ambiguous language that would have tion is. The red line is consumption. sionate and generous? I think the fact allowed China flexibility to consider The green line is production. We can that these countries have large oil and other options should a conflict arise. see they do not have production. They mineral deposits paints a real picture. As it is, China has taken away its al- have to get production from someplace. In the Middle East, Beijing recently ternatives. That is something to which we should signed a $70 billion oil and gas deal This is a direct threat. The Chinese be most sensitive. China’s oil produc- with Iran from which it receives 14 per- are solidifying and increasing their tion is topped out while its demand cent of its oil imports. Naturally, presence in east Asia. When not using continues to rise at an alarming pace. China has come out firmly against the overt political influence, they are ex- Some analysts project China’s oil needs U.N. Security Council holding Iran eco- panding economically. will double again by 2010, and it will nomically accountable for its nuclear As political economist Francis use its reserves within 14 years. This program. Fukuyama observed: information is from International En- I was just in Sudan 2 days ago. Like- The Chinese [have been] gearing up a series ergy Outlook of 2004. We believe this to wise in Sudan, China seeks to diffuse or of multilateral initiatives of their own, including Asean Plus One, Asean Plus Three, a be accurate. delay any U.N. sanctions against Khar- toum. It hardly seems coincidental China-Asean Free Trade Area, a Northeast China’s alarming need for oil has Asian Free Trade Area and so on in seem- caused it to look around to the world that 7 percent of its oil imports comes ingly endless profusion. for new sources, sources that are often from that conflict-stricken country, a The purpose of these proposals, it seems problematic states with security con- supply that China seems ready to pro- fairly clear in retrospect, was to allay fears cerns to the United States. The Com- tect. of China’s growing economic power by offer- mission makes an unpopular but At this point, I will pause and tell ing selective trade concessions to various straightforward observation. I am my colleagues the experience we had Chinese neighbors. The Chinese greased the going to quote this very significant just 2 days ago in that area in Uganda, path to the East Asian Summit last Decem- just across the Sudan border. We were ber by offering its Asean neighbors a free statement out of the Commission re- trade agreement that would open access to port: working with President Museveni. We much of the Chinese market by 2010. This need for energy security may help ex- actually went up to the area called Asean Plus Three appears to be a weak and plain Beijing’s history of assistance to ter- Gulu, which is right on the Sudan bor- innocuous organization. But the Chinese

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3117 know what they are doing: Over the long siles from its own waters. It can strike against Taiwan and our other Asian al- run, they want to organize East Asia in a the United States of America from its lies. If the embargo is lifted, Europe way that puts them in the center of regional own waters. They have launched this and Russia will be in competition to politics. class of a nuclear missile—or the abil- sell China increasingly higher tech- China is also expanding militarily. ity to deploy it. nologies. We can also expect the EU Their string of pearls strategy includes China has also been developing the technology to proliferate beyond Chi- a listening post in Pakistan, billions of JL–2 submarine-launched ballistic mis- na’s borders to states that would glad- dollars in military aid to Burma, mili- sile, expected to have a range of 4,600 ly use it against the United States. The tary training and equipment to Cam- miles. These represent a departure EU does not consider this a strategic bodia, increased naval activities in the from traditional Chinese deterrent threat. South China Sea, and expanding co- strategies. They have little tactical The United States-China Commission operation with Thailand and Ban- purposes. They will not be used in a re- report observes, however: gladesh. gional battle. Rather, their importance Access to more advanced systems and inte- The purpose of this strategy is to cre- is strategic. grating technologies from Europe would ate a military corridor for the Middle China has modernized its military at have a much more dramatic impact on over- East to mainland China that would be all Chinese capabilities today than say five an unprecedented rate. According to impervious to any potential American or ten years ago. For fourteen years China testimony from Dr. Evan Medeiros of oil embargo. As a recent internal Pen- has been unable to acquire systems from the the RAND Corporation, between 1990 tagon report outlines: West. Analysts believe a resumption of EU and 2002 China’s official defense budget arms sales to China would dramatically en- China . . . is not looking only to build a for weapons procurement grew approxi- hance China’s military capability. If the EU blue-water navy to control the sea lanes, but mately 1,000 percent. That is 1,000 per- arms embargo against China is lifted, the also to develop undersea mines and missile U.S. military could be placed in a situation capabilities to deter the potential disruption cent in a 12-year period. Nearly every year since 1997 has seen a defense budg- where it is defending itself against arms sold of its energy supplies from potential threats, to the PLA by NATO allies. including the U.S. Navy, especially in the et increase of 13 percent, an increase case of a conflict with Taiwan. far above China’s GDP growth average With all the other problems that we The weapons in which China is in- of 8.2 percent for those same years. have had recently with some of our vesting include cruise missiles, sub- In comparison, President Bush’s fis- multinational groups, this is really not surprising. marines, long-range target acquisition cal year 2005 budget increase in defense Imagine, we share military tech- systems, specifically cutting edge sat- spending is 4.8 percent. Keep in mind, nology with our European allies and ellites, unmanned aerial vehicles, and we are currently engaged in two major then find our security threatened and the advanced SU–30 fighter aircraft, operations and numerous smaller ones possibly our servicemen killed by this and I have to pause at this moment and as part of the global war on terror. Yet same technology. We cannot allow for say something about someone to this this is just China’s officially an- this potential to exist. day I still think is a real American nounced defense budget. Because of China’s centralized econ- hero, GEN John Jumper, the Chief of The Commission and the Defense De- omy, economic issues are irrevocably the Air Force. Back before he was in partment assess: intertwined with security implications. that position in the late 1990s—I be- The PLA defense budget is grossly under- The Commission reports: reported and that official figures exclude lieve it was 1998—he had the courage to The Chinese government has selectively stand up and publicly say something, much of China’s military modernization program. chosen firms—predominantly State-owned and it certainly was not endorsed or enterprises, SOEs—to list on international wanted by the Clinton administration, So when we are talking about what capital markets . . . Many SOEs were pre- but he said we have to do something. China is putting into their military viously controlled by the People’s Liberation We have stopped our modernization program, we recognize that this may be Army, PLA, and there is concern that unoffi- program so now Russia is selling tac- 50 percent of what they are really put- cial links to the PLA remain intact after pri- tical vehicles, air vehicles, that are ting in it because we have no way of vatization . . . As of 2002, more than three- quarters of companies listed as A shares in better than our fighters. He is talking knowing. Our intelligence does show in an un- China’s capital market are State-controlled. about the SU–30 series, better than our These include known proliferators such as F–15s and F–16s. classified form that they are doing a NORINCO, which was sanctioned by the U.S. There are a lot of people who do not lot more than the reports they send Government on four separate occasions in want us to advance militarily and be out. The Commission estimates the ac- 2003 for offenses including missile prolifera- No. 1 and give our troops and our air- tual defense budget is two to three tion and sales of equipment or expertise to men the very best equipment. There times the stated amount. Iran that could be used in a WMD or cruise are people who are trying to keep us In the midst of this ominous military or ballistic missile program. from developing the F–22 and the joint expansion, the European Union is plan- Chinese firms lack adequate disclo- strike fighter so that we again will ning on lifting its arms embargo sure; as the case of NORINCO dem- gain superiority. Right now we do not against China. The embargo was put in onstrates, American investors may un- have it. place after the 1989 Tiananmen Square wittingly be supporting companies that China has bought in one purchase, massacre to reflect China’s appalling oppose our national security. and this has been several years ago, 240 human rights record. The European One company, China National Nu- of the SU–30s and probably a lot more, Union claims the embargo is no longer clear Corporation—CNNC—is currently but that is what we found out. The new effective but ignores the obvious. Why slotted to receive $5 billion from the intelligence report states that China lift the embargo without replacing it U.S. Export Import Bank to build nu- has accelerated its amphibious assault with a better one? clear power plants in China. However, ship production. It plans to build 23 Their solution, an informal code of there are two problems: first, this com- new boats capable of ferrying tanks conduct, allows for no comprehensive pany was discovered to be sending and troops across the Taiwan Strait. enforcement. Without uniform and en- Pakistan prohibited materials that This development is potentially desta- forceable standards, competent Euro- weaponize uranium. Sanctions were bilizing and has alarming implications. pean firms will be left to themselves to imposed for 1 month and removed. We have to keep in mind they now determine acceptable arms sales. Even Later that same year, a subsidiary of are buying this capability to get across with the embargo, Europe’s sales to CNNC was discovered to be selling to Taiwan after for the first time com- China recently doubled this past year more illegal materials to Pakistan. ing out and directly threatening Tai- to a half billion dollars. Connections have also been made to wan. Underneath all of the semantics, the Iran’s weapon program. Second, be- A further concern is China’s invest- EU appears to have more to gain in cause the Export-Import Bank of the ment in nuclear submarines. It re- Euros than by maintaining what prin- United States supplies the credit, the cently launched the type 094 class, the cipled respect for human rights it once U.S. Treasury will have to back this first capable of striking the conti- had. Any weapons technology China loan, either by direct payment or guar- nental United States with nuclear mis- buys will only add to its leverage antee. Ultimately, American taxpayers

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3118 CONGRESSIONAL RECORD — SENATE April 4, 2005 will be aiding a Chinese company that U.S. advanced technology and techno- that was meant to pressure China to is a known proliferator. I look at these logical expertise is transferred to China in a improve its human rights record. That things and ask why doesn’t that bother number of ways, both legal and illegal, in- record has not improved. Europe has anybody? Nobody is talking about it. cluding through U.S. invested firms and re- also failed to address the question: Another issue is China’s purchasing search centers in China, Chinese investments in the United States, bilateral science and What country will China most likely of U.S. companies. On March 9, the technology cooperative programs, and Chi- use the new European technology Committee on Foreign Investment in nese students and researchers who return against? It is ultimately the United the United States—CFIUS—approved home following their work and study at U.S. States. China’s Lenovo Group buying IBM’s PC universities and research institutes. No. 5, despite Justice Department business. The $1.75 billion deal creates In a previous speech that I gave on and Homeland Security concerns, Chi- the third largest PC maker in the China, on June 23, 1999, I called atten- na’s Lenovo Group is taking over IBM’s world. The problem is that there is po- tion to China’s covert stealing of our PC manufacturing business, based in tential for Chinese computer experts to technology. The FBI is currently inves- North Carolina. This is revealing of a use this as a base for espionage. Some tigating numerous instances of alleged distressing trend that threatens the say that this is ridiculous; that China industrial espionage; over 3,000 compa- U.S. industrial base. Our practice of could never use IBM networks that nies in the U.S. are suspected of sup- outsourcing military equipment is also way. I would ask that they consider plying illegal technology and col- of deep concern. not only the immediate situation but lecting information for China. Such No. 6, China continues to repress reli- also China’s track record. As a side cases are major problems in industrial gious and human rights, and intimi- note, I believe that CFIUS does not centers like Silicon Valley where espi- date our Asian allies while expanding apply a broad enough conception of their influence in areas like South U.S. security. I understand that Rep- onage investigations linked with China have increased 20 to 30 percent annu- America and Africa. The recent Tai- resentatives HYDE, HUNTER and MAN- ally. wanese ‘‘anti-secession’’ bill is further ZULLO expressed similar views in a Jan- Most recently, the Bush administra- evidence of this hegemonic outlook. uary letter to Treasury Secretary John No. 7, according to the FBI, cases of tion is investigating whether China has Snow, the chairman of CFIUS. Chinese espionage in the States are in- illegally altered legitimate U.S. ex- One example of CFIUS falling short creasing at 30 percent annually in some ports for military use. One instance of is with Magnequench International In- places. Civil aircraft that the U.S. sold this is U.S.-made Boeing 737 jetliner corporated. In 1995, Chinese corpora- to China appear to be outfitted with being modified to have military capa- tions bought GM’s Magnequench, a military surveillance equipment. Rev- bilities. Experts believe that China is supplier of rare earth metals used in elation of such activities garners few using the aircraft to monitor tests of the guidance systems of smart-bombs. headlines because this behavior is its long-range cruise missile similar to For over 12 years, the company has nothing new. They have been doing it been moved piecemeal to mainland our Navy Tomahawk. Such a missile for a long time and no one seems to China, leaving the U.S. with no domes- would be capable of delivering long- care. tic supplier of neodymium, a critical range conventional or nuclear pay- Indeed, we are used to this pattern component of rare-earth magnets. loads. and have become all too complacent CFIUS approved this transfer. The Whether it is military or economic about it. Scolding the Chinese for their problem takes a unique twist, as Na- expansionism, human rights, illegal disregard for proliferation treaties, than Tabor of The Conservative Voice proliferation or outright stealing of while providing them unprecedented outlines: military technology, China has contin- economic benefits is at best a bizarre China [has] become the dominant supplier ued to defy the U.S. and the world foreign policy. We must link China’s of rare-earth elements, also called unabated and unchallenged. trading privileges with its human lanthanides. But in the U.S., owners of the Let me repeat what concerns me, and rights record and its conduct abroad, Mountain Pass mine in California, one of the apparently the U.S.-China Commission, including its weapons proliferation. As finest rare-earth deposits in the world, have about China: China’s No. 1 importing customer, ac- been spending millions of dollars over many No. 1, eight major Chinese compa- years to resolve an environmental complaint counting for 35 percent of total Chinese nies, some of which are directly con- exports, we have the influence. I agree that processing the element threatens the nected with the military, were sanc- habitat of the desert tortoise. that the way we handle an emerging tioned last January for illegally selling This is something that has restricted China must be dynamic, but it must weapons technology to countries in- some of our activities. not be weak. As the Commission report Dependence on outsourcing has the cluding Iran. This is only one example concludes: of an ongoing and grave strategic prob- potential to be a paralyzing problem in We need to use our substantial leverage to time of war. During the current Iraq lem. It is a problem we cannot afford to develop an architecture that will help avoid conflict, Switzerland stopped ship- tolerate. conflict, attempt to build cooperative prac- No. 2, China has been modernizing ments of smart-bomb components to tices and institutions, and advance both and expanding its military to reduce countries’ long-term interests. The United the U.S. because it disagreed with our any leverage we may have in a conflict States has the leverage now and perhaps for role. As more and more of our military the next decade, but this may not always be equipment is outsourced, we have be- situation, particularly over Taiwan. They have been stealing or developing the case. We also must recognize the impact come dangerously dependent on the of these trends directly on the domestic U.S. whims of foreign countries. Current highly advanced technology, including economy, and develop and adopt policies law requires only 50 percent of defense nuclear warhead designs and tech- that ensure that our actions do not under- equipment be American-made. When nology that would enable them to mine our economic interests . . . the United reach the continental U.S. States cannot lose sight of these important Representative DUNCAN HUNTER tried goals, and must configure its policies toward to raise this to 65 percent, defense con- No. 3, skyrocketing energy consumption is a major problem for China and China to help make the materialize . . . If we tractors told him that it would force falter in the use of our economic and polit- them out of the market. a potential conflict with us. It is drawing the PRC into cooperation with Iran ical influence now to effect positive change Information technology is also leav- in China, we will have squandered an historic ing our borders at an alarming rate. and other problematic states. These bi- opportunity . . . China will likely not ini- John Chambers, the CEO of CISCO Sys- lateral arrangements improperly influ- tiate the decisive measures toward more tems, said: ence Chinese action the U.N., and in meaningful economic and political reform China will become the IT center of the some cases may involve illegal weap- without substantial, sustained, and in- world, and we can have a healthy discussion ons transfers. You can see from this creased pressure from the United States. about whether that’s in 2020 or 2040. What chart behind me that China has to do There is an inherent tension between we’re trying to do is outline an entire strat- something. Look at their energy re- drawing China to freedom through re- egy of becoming a Chinese company. quirements. They are doing it today. laxed policies, and a vital need to pro- However, this technology transfer No. 4, the European Union is protect U.S. security. I fear we have con- can also have a darker side. The Com- jected to lift its arms embargo on ceded far too much and contributed to mission report states: China by this summer, an embargo the emergence of a very real threat.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3119 Finally, I wish to applaud the U.S.- some of the FBI checks. I was very dis- God. And in his final days, he inspired China Economic and Security Review turbed. That was over 10 years ago. We us all again with the surpassing grace Commission. Their efforts to provide knew this was coming, and now it is and dignity with which he left us. this body with a clear picture of a very here. It is time for us to take a dif- I am struck by the words of one of complex and multifaceted situation ferent policy to China. the Pope’s favorite passages that was have been illuminating and challenge With that, I yield the floor. read to him in his final hours, from us to face these real problems. Thank I suggest the absence of a quorum. Psalm 119: you for your hard work. The ACTING PRESIDENT pro tem- Remember your word to your servant, for The Chinese have something called pore. The clerk will call the roll. you have given me hope. My comfort in my an idiom, a four-character phrase that The assistant legislative clerk pro- suffering is this: Your promise preserves my is sometimes used to simplify a com- ceeded to call the roll. life. plex thought. I would borrow one to de- Mr. WYDEN. Mr. President, I ask Pope John Paul II lives on in the scribe the current situation: ‘‘One who unanimous consent that the order for hearts of all of us who were touched so obeys on the surface but not from one’s the quorum call be rescinded. deeply by his life. May his example heart.’’ Unless our relationship with The ACTING PRESIDENT pro tem- continue to guide us and people every- China is backed up with strong action pore. Without objection, it is so or- where in all the years ahead. they will never take us seriously. We dered. Mr. PRYOR. Mr. President, on the will certainly see more violations of Mr. WYDEN. Mr. President, I ask evening of October 16, 1978, white proliferation treaties and in the con- unanimous consent I be permitted to smoke curled from a chimney atop the text of the growing threat of terrorism. speak for up to 30 minutes after the Sistine Chapel signaling the election of That is unacceptable. We have also ig- distinguished Senator from Massachu- Cardinal Karol Wojtyla of Poland. The nored the danger that China is becom- setts. crowds in St. Peter’s Square roared ing in its own right. Some think that I The ACTING PRESIDENT pro tem- with great enthusiasm, even before am alarmist. If China breaks its con- pore. Without objection, it is so or- they knew of the extraordinary papacy sistent pattern of human rights abuses, dered. he would lead for 26 years. military and economic expansionism, Mr. KENNEDY. Mr. President, I un- As our Nation continues to grieve the and illegal weapons proliferation, I am derstand we are in morning business. loss of Pope John Paul II, we have prepared to concede my concerns are The ACTING PRESIDENT pro tem- spent much time looking back at his unfounded. But I fear that the next few pore. The Senator is correct. The Sen- accomplishments—decisions and ac- years will continue to confirm an obvi- ator should also be reminded he cur- tions made within the walls of the Vat- ous trend. The time to act is now, be- rently has a 10-minute time limit. ican and those he brought abroad fore the problem is beyond the realm of f through Europe, Africa, the Americas and Asia. policy. We urgently need a coherent HONORING POPE JOHN PAUL II strategy for dealing with China, one His steady beliefs and convictions that allows room for China’s changing Mr. KENNEDY. Mr. President, helped inspire peace and human dignity role without sacrificing our national around the world as we honor the pass- throughout the world. He taught not security and other interests. ing of the Holy Father, we are filled just Catholics, but people of all reli- As I have demonstrated, we are on a with his spirit and we are inspired by gions, the power of faith, principles and collision course with China on all lev- his legacy of peace and compassion. We courage. And he taught us to use this els: economically, militarily, and ideo- pray for him and we pray for one an- power to address the social and eco- logically. The situation has only wors- other sduring this time of grief and re- nomic issues that we face each day ened since my previous floor speeches flection. with truth and morality. about China in 1999. We are two trains I first saw the Holy Father in Boston While people may disagree with his accelerating in different directions on in 1979 as he touched American soil for conclusions on specific issues, John the same track. After the last decade I the first time as Pope and reached out Paul II’s consistent efforts to promote think we have seen that appeasement to the American people with his holy the value of all people remained stead- doesn’t work; it’s time to deal in a very strength. Several hundred thousand fast. He led by example, exposing over- real way with our unpaid bills. rain-soaked men, women, and children looked areas of the developing world— I often think about the appeasement gathered on the Boston Common to those infested with poverty to lands policies we sometimes have against hear his homily that began with his ex- overrun with land minds—and he did so these countries. traordinary welcome, ‘‘America the without alienating or rejecting persons I think it was Horace Mann who said: Beautiful, even if it rains!’’ And or world leaders who disagreed with No man survives when freedom fails. The through his eyes that was what we him. Under his leadership, the Com- best men rot in filthy jails. Those who cried were: beautiful, free, and open to all munist domination of Poland came to ‘‘appease, appease’’ are hanged by those they possibilities. end, the Vatican and the State of Israel try to please. He greeted my family warmly on established diplomatic relations, and I am afraid that pretty well describes many occasions and blessed us for all an unprecedented effort to cleanse the our relationship with China. our endeavors. On our visit to the Vati- church’s conscience began. I hope this debate will awaken the can in the 1980s, he welcomed my sister On his fifth and final trip to the American people to the real threat Jean’s Very Special Arts program for United States in 1999, Pope John Paul China poses. To that end, I intend to the disabled in the arts and partici- II reminded a flourishing country to deliver several more talks highlighting pated in a festival for 7,000 Italian chil- look beyond material growth and ad- the United States-China Commission’s dren who were challenged physically. dress the poverty, the spread of gangs, report and will introduce a resolution He told us that in God’s eyes, we were drugs and violence staring us in the to formally adopt the Commission’s all created equally, we all had creative face. recommendation. gifts, and all of our talents were en- Just a few years later, he stood with I remember so well back when I was lightened by God. On that occasion I us, a broken nation, on September 11, critical of the Clinton administration presented him with a bust of President 2001, to help victims, friends, and fami- in the very opening months of that ad- Kennedy, whom he spoke graciously lies grieve for their loved ones and turn ministration in the early 1990s when about. their loss into good. one of the first things they did at our In countless ways during his years as Today I stand with Arkansans to energy laboratories was to inten- Pope, the Holy Father inspired people offer prayer and to pay homage to Pope tionally lower our security policy. throughout the world and brought John Paul II, one of the most inspira- They did away with background them together in peace and reconcili- tional leaders of our time and a great checks. They did away with the color- ation. In his travels to distant lands, defender of faith. coded security badges to demonstrate citizens of many different faiths were The PRESIDING OFFICER. The Sen- on site what level of security an indi- deeply moved by his appeals to the ator from Oregon is recognized for 30 vidual could have. They did away with common humanity of all people under minutes.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3120 CONGRESSIONAL RECORD — SENATE April 4, 2005 END-OF-LIFE CARE citizens at the end of life and grows the guideline in moving forward. I realize Mr. WYDEN. Mr. President, late last role of government instead. the temptation is to frame the debate week, the Nation witnessed the end to In the last 2 weeks, Americans have entirely in terms of the heartbreaking a saga that was heartrending not only overwhelmingly cautioned the Con- situation of Ms. Schiavo. I believe it for the medical circumstances of the gress against government mandates for would be a mistake, however, to base young woman at its center, but for the the end of life. Many voices are speak- Federal law on the basis of the tragic tragic controversy that surrounded it. ing. Some have been shouting. If the chaos that transpired in that woman’s The Congress has spoken once about Senate can’t yet distinguish the coun- family. The Senate cannot jump in now Terri Schiavo, and in the near future try’s clearly stated desire, then this and play medical czar to predetermine the Senate’s Committee on Health, body ought to fall silent and listen the outcome of every similar case. Our Education, Labor, and Pensions is ex- harder before acting. responsibility is to help individuals and pected to hold hearings about one of In many ways, this is the central their families to avoid the compounded the issues Ms. Schiavo’s situation question of our time: whether the Fed- tragedy that occurred in that family. brought to the spotlight: the rights of eral Government will seek to expand Helping Americans make their wish- the incapacitated and our society’s re- its reach when the citizens wish for es clear is paramount. There are a vari- sponsibility toward that community. I more individual empowerment. Pre- ety of ways this can be done. The 50 hope the Congress will now begin a sented with that question 2 weeks ago, States and the District of Columbia thoughtful examination of this and the Senate got it wrong. The American have made provisions for the declara- issues relating to end-of-life care. For people have made it clear that moving tion of individual choices, often that reason, I rise today to urge and forward, there ought to be a course cor- through the creation of an advanced di- encourage caution as the Senate moves rection. True leaders will approach rective or a living will. If the Congress forward. these choices dispassionately with a acts, it certainly should not thwart George Washington called the Senate set of impartial principles. State laws in this area. Our goals the saucer to cool the legislation. I I will spend a few minutes discussing should be to increase awareness and ac- would say the Senate, in fact, must what I think those principles ought to cess and to look for ways to aid the en- cool its own passions before pro- be. First, the Senate should help em- forcement of those wishes of families ceeding. The alternative is unaccept- power Americans to make their own and the health care system. able. The Senate must not revisit the choices about the end of life, whatever Certainly, living wills should be en- dangerous zero-sum game of 2 weeks those choices should be. Policy ought couraged, and thousands of Americans ago, creating a false debate between to be grounded on the principle that now are looking to fill these forms out. those who seek protection and those Americans setting their dining room But in many instances, frequently that who desire choices and actually sacri- tables, in their kitchens, discussing living will, a piece of paper, is not ficing one of those rights to secure the their wishes and their fears with their enough. Too often people will still be other. This body’s responsibility is to loved ones, and asking in the end that confused about an individual’s real de- find solutions that preserve both. Pro- government should make sure their desires. Too often the language will not tecting the vulnerable and preserving sires are carried out. The choices they be clear or subject to misinterpreta- end-of-life choices are not mutually ex- have to discuss—discuss in their homes tion. The bioethicist Carl Schneider of clusive. Advocates for the disabled are and in their workplaces—ought to be the University of Michigan said he is right when they say that losing phys- expanded, not weakened, by Govern- ‘‘appalled’’ at the number of people ical or mental capacity must not de- ment and bureaucracy. Our policies who are advising the public that a liv- prive anyone of their rights even if should help their wishes to be honored ing will alone will be sufficient. He they have not had or taken the oppor- by their families and their health care states: system—their lives sustained as they tunity to make their treatment and Living wills often do not work. wishes known. wish or unwanted treatment ended as they wish. So the national discussion about end- There is legitimate cause for worry of-life choices should include informa- that the majority of our population Second, as the Senate looks at the end of life, the Senate needs to look at tion that will ensure that wishes be might give short shrift to the real carried out, not just stated. As na- rights of a minority group. Journalist the entire picture. End-of-life care is more than respirators and feeding tional leaders, those of us in the Sen- James Taranto summed it up well ate can promote this discussion. when he said: tubes and even more than living wills. The Senate has to get beyond today’s Most folks looking into advanced di- It was natural for an able-bodied person to rectives today seem to think they can think: I wouldn’t want to live like [Terri hot-button questions. The Senate Schiavo]. But someone who is disabled and ought to look at the fundamentals: just avoid a controversy through a liv- abjectly dependent on others was more apt conquering pain, expanding hospice ing will. Maryland Attorney General to be chilled by the talk of her ‘‘poor quality care, capping the great potential of Joe Curran recently said that 27,000 of life’’ and to think: I wouldn’t want to be comfort care, which is known as pallia- people in his State alone downloaded killed like that. tive care. Supporting new ways to the forms over a period of 7 days. That Let us reject any legislative effort treat a very ill patient physically, spir- is compared with 600 downloads during that springs from these false choices itually, and emotionally, long before just 1 week in January. But, as I have diminishing the rights of the incapaci- the last days of life, is a good use of the indicated today—and I know it will be tated and all Americans. New Federal Senate’s time. surprising to many Americans—the re- efforts may have the goal of protecting Third, the Senate must address end- ality is the laws vary with respect to rights, but they may have the real ef- of-life issues with respect for constitu- living wills and advanced directives, fect of engineering outcomes with lit- tional boundaries that have been dan- and often they do not ensure enforce- tle regard to a patient’s true interests. gerously dismissed to date. For the last ment of a patient’s wishes. Therefore, Instead of courting this risk, the Sen- 2 weeks, issues of separation of powers Americans need to know about vital ate should seek to empower the dis- and federalism have received virtually mechanisms in addition to the living abled and all Americans. no attention. The Senate needs to re- will. For example, the health care My sense is that momentum still ex- flect on the roots and the reason of fed- proxy, which designates one person if a ists in this body to act unwisely in a eralism, which has given the States person becomes incapacitated, is an- way that will produce more govern- control over medical practice for more other approach that may be a value to ment and fewer choices for all Ameri- than 200 years. There is a line the Sen- our citizens because it leaves no doubt cans at the end of life, so let me be ate must not cross again. Beyond that as to who speaks for those who cannot clear. I intend to oppose any congres- line are the constitutional rights of speak for themselves. sional fiat that disempowers our citi- States and, ultimately, the rights of There are other options that can help zens—disabled, abled, incapacitated, or our citizens. ensure the effectiveness of an advanced otherwise. I will oppose any such dic- Those individual rights, or citizens directive. My home State uses a docu- tate that restricts the choices for our rights, ought to be the Senate’s first ment called a ‘‘POLST,’’ which stands

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3121 for ‘‘Physician Orders for Life-Sus- be that way. The distinguished Pre- schools. This is a practice that is im- taining Treatment,’’ a bright-pink doc- siding Officer is one of our authorities portant for the Senate to understand. ument that physicians place in pa- on medical technology, and he knows Comfort care, palliative care, helps ter- tients’ charts to help nurses and hos- medical technology and know-how minally ill patients live as actively as pice workers and other providers follow exist today to reduce the suffering that possible and helps their families cope. the wishes of the patients for end-of- I am describing. What does not exist is It neither hastens nor postpones death. life care. Studies show these physician a medical system that supports clini- It is offered in hospice programs, in the orders, the product of a frank discus- cians trying to address these issues or home, and in other settings. It pre- sion between patients, families, and a system to support patients and fami- vents and relieves suffering by identi- providers, result very often in the kind lies as they try to find help for pain. fying, assessing, and treating pain and of end-of-life care that patients desire. I intend to reintroduce the Con- other problems. Those can include There are various approaches being quering Pain Act, a bipartisan bill I physical problems, emotional prob- tested in other States as well, and the have written that recognizes that too lems, and even spiritual concerns. Pal- Senate should promote them. One of often at the end of life pain goes un- liative care is appropriate even before our most valuable guidelines in moving treated for the dying patient. The Con- hospice care. It is even compatible forward should be the 1990 Patient Self- quering Pain Act does not tell pro- with aggressive efforts to prolong life, Determination Act. Its spirit and letter viders how to practice medicine. It cer- such as chemotherapy or radiation ought to be honored for two reasons. tainly does not override the States’ therapy. First, the law was passed by the Con- constitutional right to oversee medical The Palliative Care Training Act will gress to encourage and ease the use of practice. But it does serve to ensure ensure that our country has more States’ advanced directives. It requires that patients in every corner of our trained professionals to offer these many Medicare and Medicaid providers country, 24/7, 7 days a week, can get ac- critical comfort care services. The leg- to discuss advanced directives and how cess to help as they try to deal with islation addresses a need that the Sen- they will be carried out. Its require- pain. ate has ignored too long. Without it, ments in that respect are as correct This legislation creates six regional our citizens will not have enough dedi- today as they were 15 years ago. Family Support Networks to assist cated professionals to meet this enor- The second requirement of the 1990 physicians and families of patients in mous need. Patient Self-Determination Act is just pain, and it ensures that in every sin- As the distinguished Presiding Offi- as important. It prohibits discrimina- gle community in this country Ameri- cer and I have discussed often, we are tion against those who do not have an cans know where to turn to get infor- in the middle of a demographic revolu- advanced directive. Now, it is esti- mation and help when loved ones are tion. We will have many more older mated that as many as 75 percent of suffering. Americans deserve to know people. It will not be uncommon for in- Americans do not have an advanced di- their health care providers and their dividuals to live beyond 100, and with rective to guide their end-of-life families will have resources to ease Americans living so much longer than choices. Under the Patient Self-Deter- suffering. I believe the ability to see a they did a century ago, it is important mination Act, mandating different and loved one’s pain properly treated can they have options that work for them. discriminatory treatment for Medicare help families across this country. It And demand for comfort, for palliative and Medicaid patients without ad- certainly will add dignity and preserve care, is certainly going to grow. vanced directives is specifically ruled choices at the end of life. With all the American health care out. That is the kind of protection I be- My second effort will focus on the system has to offer, there has to be lieve all Americans deserve: protection vital work of hospice programs. More better care for patients and their fami- that ensures the preservation of all Americans are familiar with hospice lies at the end of life. I hope these their choices. today through Ms. Schiavo’s case, but three bills I have described will get Now, I am grateful that Senator HAR- its true purpose may still be somewhat careful and thoughtful examination in KIN and others are tackling vital unclear. Hospice programs provide a the days ahead and in the hearings that issues, important issues that often go range of services to control pain and apparently will begin later this the ignored, such as the concerns of those other symptoms, maintain dignity, and week in the committee on which the who are disabled. Americans should ex- provide comfort care, primarily to in- distinguished Presiding Officer serves. pect the Senate, however, to do even dividuals in their own homes. As I have indicated, I believe the more. But the hospice benefit under Medi- Senate has not been appropriately In this Congress, I will advocate vig- care needs to be improved. Today, careful in recent weeks. When this orously for three pieces of legislation about 20 percent of patients who die in body first considered legislation re- that take an appropriate Federal ap- the United States receive hospice care, garding Ms. Schiavo, I made my objec- proach to key end-of-life issues. If the and of that low number few begin their tions known. I was compelled to block Senate has a commitment to consider care early enough to receive the full the initial version of the legislation, a the end of life seriously, I would expect benefit of hospice. Medicare requires bill that was put forward without hear- those bills to come to a vote. They all patients and doctors to stop all treat- ings, without discussion, and one that involve issues I have been working on ment that might bring a cure before threatened to turn the Congress into a since the early 1970s when I was co- they can begin hospice treatment. I do convention of case-by-case medical director of the Oregon Gray Panthers not believe—I do not think Senators czars. In my view, that legislation and taught gerontology at several Or- will believe—that patients should be intruded dangerously on States’ rights egon universities. I have been working required to abandon all hope of recov- to determine medical practice. to improve care for older people and ery to get the good hospice care they I worked with colleagues so Congress the dying throughout my service in the need, but that is what the Medicare could pass bipartisan legislation that Congress and as a member of the Aging law states today. It makes no sense, in my view didn’t set that dangerous Committee in both the House and the and it ought to be changed. precedent, particularly as it related to Senate. My Medicare Hospice Demonstration my own State’s law that the people of For more than a decade, the people of Act permits patients to seek hospice Oregon have now approved twice. I my home State of Oregon have had a care as they seek a cure. It will not re- didn’t filibuster that final bill, which I passionate and thoughtful debate on quire patients and their families to had concerns about, but my concerns end-of-life issues. Through all of this, I abandon hope even as they move to- remain. I do not wish to see the steps have found that our health care system wards acceptance. For many, it will re- of the Capitol as the new gathering often neglects how people die and how sult in better care, more control, and place for Americans to bring their dif- important it is to make dying patients more peaceful passage through the end ficult family disputes at the end of life. and their families more comfortable. of life. I certainly do not want to see our Con- Almost half of the dying experience Finally, the Senate ought to promote stitution trampled. Unfortunately, moderate to severe pain in the last training in what is called comfort care Congress has now opened the door to days of their lives. It does not have to or palliative care in our medical both those possibilities.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3122 CONGRESSIONAL RECORD — SENATE April 4, 2005 The Senate has a renewed responsi- fore the Senate acts or there is a risk such, it becomes a vehicle through bility to do better. Each State’s con- of gravely irresponsible legislation. which I can try to attach an amend- stitutional right to determine medical The Senate should ask: Does any leg- ment that would have a significant pol- practice exists whether the Congress islation on end of life meet key tests? icy effect upon our defense posture. agrees or disagrees—to put it bluntly, Does it clarify and expand and ensure It is no secret that a number of us whether Congress likes it or not. Con- the choices that individuals and fami- have joined in opposing the Pentagon’s gress cannot only respect the principle lies can make? Does it aid in the hon- plans to scrap one of our 12 aircraft of States rights when it thinks the oring of those wishes once expressed, carriers. The aircraft carrier they have State is right. In the same way, the whether those wishes are to have life selected is the John F. Kennedy, which checks and balances the Founding Fa- sustained or unwanted treatments is home ported at Mayport Naval Sta- thers set among the executive, legisla- withheld? Does it protect the rights of tion, which is in Jacksonville, FL. Nat- tive, and judicial branches, those pow- those in the disability community and urally, I speak for the interests of ers are not up for negotiation because those who are incapacitated, particu- Jacksonville and the State of Florida, they produce an outcome that is unac- larly when they have not had the op- but I speak with a much larger vision ceptable to some Americans. Before portunity to make their wishes known? about the defense interests of our coun- acting, the Senate ought to consider Does it speak to more than the polit- try. the very nature of federalism that has ical debates of the moment and truly For example, if the Pentagon, which brought and held our States together take in hand the basic issues at the end I think has made a wrongheaded deci- for more than two centuries. Then the of life? Does it contribute to less pain, sion on budgetary reasons—they think Congress should think carefully about better care, and more peace for those it is going to save them a billion dol- whether it makes sense to tear down a at the end of life? Does it fully meet lars when in fact it is not, but even so, basic pillar of our national contract. the responsibility of the Senate with- if that were true, in the middle of a This body writes Federal laws. If the out usurping the constitutional role of war is not the time for us to be reduc- Senate does not like the effect of a the States and the judiciary? And fi- ing our ability to protect our forces Federal law, our prerogative is to nally, does it meet the obligations of around the world with these floating change it. But it is not the Senate’s the Senate to the American people air fields that we call aircraft carriers. prerogative to play constitutional without extending our reach into their And we only have 12. The Pentagon is chicken when matters happen outside personal lives? proposing to scrap one of the 12. of our jurisdiction. That is true no The Senate has an obligation to learn There is another reason. As a result matter how strong our personal pas- from the events of the last 2 weeks. Be- of the announcement that was made by sions may be. fore acting, let us think. The Senate the Navy this past Friday night after I have fought for the rights of my has been called the world’s greatest de- business hours, the Navy is going State and its voters to decide the issue liberative body. Let us now be more de- through with the plans on the Kennedy of physician-assisted suicide at home liberative as we dare to approach issues by scrapping the plans for rehabbing it in Oregon. As I make this point, I want that are more intimate and more perin dry dock. It is not a surprise, but it to point out that I voted twice against sonal than any others we could discuss. is a confirmation that it is the John F. this law as an individual citizen. On The truth is, Americans’ end-of-life Kennedy they are planning to axe. The two occasions, I cast my personal bal- choices should not be made by strang- significance of this from a defense pos- lot against legalizing assisted suicide ers in the Congress, pushed by the pas- ture is that it leaves all of our remain- in my State. In addition, I voted sion of one case or the political prior- ing carriers in the Atlantic fleet home against Federal funding of assisted sui- ities that press on every side. Ameri- ported in one port—Norfolk, VA. cide as a Member of this body. But the cans are going to continue to wrestle The significance of that is in testi- people of my State have spoken on an with end-of-life care for themselves and mony in our Senate Armed Services issue they have a right to decide at their loved ones for as long as breath is Committee, over and over, four star ad- home in Oregon. As I have said in this drawn on this soil. Americans will mirals have come in front of us and body, I intend to defend their right to bring all they have to bear ethically, said: Don’t keep all of your carrier as- make that decision in every way I can. morally, and spiritually to make the sets in one place. Spread them out. In the case of Ms. Schiavo, I believe best decisions for themselves and to It is no secret that when a terrorist that Floridians, through their rep- honor the decisions of their loved ones. is looking to do some damage of clos- resentatives in the State legislature, The Senate must equal their effort and ing up a port, particularly a port that deserve the same leeway to decide such do its duty with honor for those at the is upriver such as Norfolk, with some medical matters for themselves. When end of life. one or several carriers that could be in Congress ignored the fact that Flor- I yield the floor. port, just sinking debris in the channel ida’s legislature was still working on The ACTING PRESIDENT pro tem- could close up the port. That is not the the case and ignored the right of the pore. The Senator from Florida. defense posture we want. State courts to rule, it sought to weak- Mr. NELSON of Florida. Mr. Presi- So there is no one who is in the uni- en Florida’s rights, Oregon’s rights, dent, what is the parliamentary proce- formed military who thinks you should and the rights of every State in our Na- dure we are in at the moment? not spread your assets. As a matter of tion. Any legislation this body passes The ACTING PRESIDENT pro tem- fact, on the west coast, on the Pacific now should not pose the same constitu- pore. The Senator from Florida should fleet, we have three ports for aircraft tional threat. The legislation I have know that we are in morning business carriers. The response is: If you are outlined today will not, and I will op- and there is a 10-minute limit on the going to scrap the Kennedy, which is a pose any legislation that does so again. Senator’s remarks. conventional carrier, powered by oil, It is an imperfect process even for f why not then take one of the nuclear States to rule on medical matters. carriers and put it down at Mayport End-of-life issues are about the heart USS ‘‘JOHN F. KENNEDY’’ Naval Station and you have achieved and the head, about our personal mor- Mr. NELSON of Florida. Mr. Presi- the same thing? That would be good, als as well as the law. Letting States dent, I want to inform the Senate I am but it is going to take, according to decide is the rule of the Constitution I introducing a bill today that I will testimony in the Armed Services Com- have sworn to uphold, and I intend to offer as an amendment to the supple- mittee, a minimum of 5 to 7 years be- stand up for that principle. It is a criti- mental funding bill for defense which is fore that could happen because of the cally important principle that the Sen- supposed to come out of the Appropria- environmental impact statement that ate stand for. And it is a principle that tions Committee this week and will be first has to be done and then, secondly, ought to dictate our actions before any coming then more than likely to the the reconfiguring of the docks and the legislation comes to a vote on the floor next week. This supplemental ap- other facilities to be able to handle a floor. In hearings this week—and in propriations bill is a must-pass bill be- nuclear-powered carrier. The result of any part of the legislative process— cause it contains the funding for addi- this is that for 5 to 7 years you do not there are responsibilities to fulfill be- tional expenses on the war in Iraq. As have another home port for a nuclear

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3123 carrier on the east coast of the United representing Florida but as a member friended the Pope many years ago, he States, and all of them are home- of the Senate Armed Services Com- is an imposing man in physique, big in ported in one place. That is not the de- mittee; it is a matter of protection, of intellectual vision, who deeply enjoys fense posture the United States should the defense interests of this country. people. In a most remarkable way, he be in. Mr. President, I yield the floor. I sug- is a man whose soul is at leisure with It is another thing to talk about the gest the absence of a quorum. himself. parochial interests, which I represent, The ACTING PRESIDENT pro tem- Only two Popes have served longer of Jacksonville and Florida. That is pore. The clerk will call the roll. and none with more sustained vigor, certainly an economic hit because The legislative clerk proceeded to clarity, or cheerfulness. Even after his Jacksonville, even if they get a nuclear call the roll. step faltered and his voice began to carrier—and by the way, 5 to 7 years Mr. CORNYN. Mr. President, I ask waiver, he bore his infirmities with down the road it is another administra- unanimous consent that the order for honor and humor. Although his body tion and another Congress to make the quorum call be rescinded. was failing, his indomitable spirit con- The ACTING PRESIDENT pro tem- those decisions—but in the meantime, tinued to touch the world and teach us pore. Without objection, it is so or- Jacksonville doesn’t have a carrier for about the strength and promise of the dered. 5 to 7 years, with the economic hit that Mr. CORNYN. Mr. President, I ask human heart. takes place and the Nation doesn’t unanimous consent that I be recog- This great Pope was loved by people have its carrier assets spread on the nized to speak for up to 10 minutes, but of various religions and across ideolog- Atlantic coast of this country. That is then following my remarks that the ical spectrums. Even many who dis- not a position we should have. Senator from Tennessee be recognized agreed with him respected his grand vi- I am going to offer a compromise, for any remarks he might have, and sion and his convictions. Having cap- since it seems that the Pentagon is ab- following the conclusion of his remarks tured the world’s attention and admi- solutely intent on scrapping—they call that I might then be recognized at that ration by standing for our better an- it mothballing—this carrier. The com- time. gels for so long, Pope John Paul II will promise I am suggesting, and I talked The ACTING PRESIDENT pro tem- surely stand with President Ronald to the Vice Chairman of the Joint pore. Without objection, it is so or- Reagan as one of the giants of our Chiefs just moments ago, is since the dered. time. Navy and the Pentagon have decided f Both men understood deeply where they are not going to rehab the John F. the hope of mankind lay—in faith, in Kennedy in a dry dock and save that HONORING POPE JOHN PAUL II courage, in liberty. On October 11, 2001, expense, but the Kennedy can remain Mr. CORNYN. Mr. President, today 1 month after the devastating terrorist operational for the next 3 to 4 to 5 we mourn the passing of a great man. attacks of 9/11, John Paul offered this years without being rehabbed in dry In the long history of Roman Catholic prayer: dock, let us keep our assets dispersed Popes, John Paul II is among the O God almighty and merciful, he who sows on the east coast until these decisions greatest in championing human dig- discord cannot understand You. He who loves are made and the facilities are changed nity. He also was a champion for the violence cannot welcome You. Watch over us so we can spread our nuclear carrier as- sanctity of human life and for the fam- in our painful condition, tried by the brutal sets. ily and for working for the good of his acts of terrorism and death. Comfort Your That does another thing for the de- Church. He is the kind of leader who children and open our hearts to hope that in fense policy of this country. There is a our time, we again may know serenity and only comes along once in a very great peace. question coming up in 2008, when the long time. conventionally powered aircraft carrier As the most traveled pontiff of all I can only add my own amen to that Kitty Hawk is scheduled to be decom- time, Pope John Paul personally deliv- prayer. missioned. She is now home-ported in ered hope, encouragement, and inspira- I yield the floor to Senator ALEX- Japan because Japan, the Japanese tion to more people in more places ANDER under the terms of the previous Government, has had a policy of not than any other person in human his- order. accepting a nuclear carrier. What hap- tory. And he was especially beloved by The ACTING PRESIDENT pro tem- pens if by 2008 the Japanese Govern- the youth, the future of our world, with pore. The Senator from Tennessee. ment does not change the policy and whom he had a very special relation- Mr. ALEXANDER. Mr. President, I will not receive a nuclear carrier? Then ship. thank the Senator from Texas. I join we ought to have the John F. Kennedy Catholics and non-Catholics alike with him in his thoughts about Pope kept alive in an operational status should feel fortunate to have had such John Paul II and the thoughts of our where it can fill that role and, over the a leader in our midst, a man who gave other colleagues that have been ex- course of the next 3 years coming up to so much to humanity. pressed. He was a man of sincerity and 2008—and we are in 2005 right now—we Undeterred, perhaps even driven a bit great character. He traveled more than will know the status. harder by an assassin’s bullets, this de- any other Pope. He traveled the United From the standpoint of defense pol- vout man embarked on an exhausting States more than any other Pope. He icy, No. 1, of spreading our carrier as- journey over a quarter of a century to carried a message of peace. He carried sets, the compromise I am offering spread words of freedom, compassion, a message of charity. He had a pro- makes sense. No. 2, from the stand- and justice. His mission seems to have found impact on the world and his na- point of being able to respond quickly been nothing less than redemption of tive country of Poland. It can fairly be if we needed another conventionally the world. Surely, but for men such as said that Poland would not have over- powered carrier in Japan, we would this, the world would have long fallen thrown communism, at least not when have a backup conventional carrier in into irreparable chaos and decline. it did, had it not been for Pope John 2008 if the Japanese Government would Elected Bishop of Rome on October Paul. not receive a nuclear carrier. And, No. 16, 1978, Pope John Paul II’s faith and I remember in 1987, our family had 3, it would not disrupt the lives of all courage was forged and proven as a lived in Australia for 6 months, three those Jacksonville families by sud- Polish priest standing up to the hor- teenagers and a 7-year-old, and we denly abolishing one of our carriers rors of the Soviet Union. He took his came home from around the world in a and all of the 5,000 sailors and their stance at a time when dissidents were little different way. We took a train families and perhaps other ships in the whisked away in the dark, never to be from Moscow to Paris. This was before carrier battle group that would go heard from again. Yet John Paul’s per- the Berlin Wall came down. All of us, away. It seems to me it is the prudent severance eventually awakened the our different ages in our family, re- defense policy thing to do. soul of a nation of secret believers who member how in Poland the churches I know if I offer this, if it is not being stood in candlelit solidarity to bring were open and vibrant, they were ac- considered in the Pentagon, that I am down an evil empire. tive, and people were there. In Russia, swimming upstream. But I think it is According to Harvard theologian they were museums. We thought about worth the fight, not only as a Senator George Williams, a Protestant who be- that. We think about that today as we

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3124 CONGRESSIONAL RECORD — SENATE April 4, 2005 reflect back on the role of this man ty—all among those serving in the Ten- training is proceeding in an impressive who was an example for each of us and nessee National Guard. way. It is not complete, but we are who deserves the world’s attention, the I may have felt at home, but as LTC making progress. world’s prayers, and the world’s ac- Don Dinello, who commands the 844th, Finally, infant democracies. We have claim. reminded me, no place there is entirely sacrificed many lives and paid a heavy f safe. A few days earlier, a patrol had price in dollars to invade Iraq and re- discovered explosives on a bridge over move Saddam Hussein, but without EIGHT-DAY BIPARTISAN which the colonel’s soldiers might have that decision there would be no infant CONGRESSIONAL DELEGATION traveled. Thankfully, the explosive de- democracies in Iraq and Afghanistan. Mr. ALEXANDER. Mr. President, I vice was disarmed before anyone was Georgia, Ukraine, and Kuwait would be have remarks that I would like to hurt. less democratic, and Syria would not make on two different subjects. One In Baghdad, I ate lunch with three be pulling troops out of Lebanon. We in has to do with a visit by a delegation of marines who were recent high school the world are safer without Saddam Senators led by the Democratic leader, graduates from Savannah, Manchester, Hussein, who the new Prime Minister the Senator from Nevada, Mr. REID, and Tullahoma, TN. Their mission is to designate of Iraq, if he is elected, told and then a brief remark about the pro- guard the U.S. Embassy. I asked one of us, in his words, that Saddam had bur- posal that we use the supplemental ap- these young men what a U.S. Senator ied alive 300,000 people. propriations bill to turn State driver’s should know about their work. Andrew When will our troops come home? I licenses into national identification Pottier of Savannah told me: do not know. I believe we must have a cards. Not much to know, sir. They shoot at us success strategy, not just an exit strat- First I will comment on the 8-day and we just shoot them back. egy. This strategy should be based on congressional delegation that I was a Not even in the Green Zone, where whether Iraqis can reasonably defend part of over the last recess. It was led, several thousand Americans work themselves and whether they have as I said, by the Democratic leader. Let every day, was it entirely safe. The some sort of constitutional govern- me say first how much I appreciate the protocol officer greeted us wearing a ment. Having liberated Iraq, it is now style of his leadership. He is the Demo- nice green dress covered by a flack not our job to stay there until there is cratic leader, and occasionally there is jacket. When one of the members of a perfect democracy. a partisan word in this place, but this our delegation, a female Senator, went We Americans are very impatient. was a bipartisan delegation. We visited to the ladies restroom, a female soldier We also sometimes have short memo- eight countries in 8 days, including Je- with an AK–47 went first, inspecting ries. We are expecting the Iraqis to rusalem, Israel, the Palestinian terri- every stall. come up with a constitution by August. tories—visited leaders of the Pales- I was reminded just a couple of days It took America 12 years to write a tinian Authority—we visited Kuwait, ago how dangerous it can be when I constitution after declaring our inde- Iraq, Georgia, and the Ukraine. In went to the funeral in Sevier County of pendence, another 130 years to give France, we received a NATO briefing SGT Paul W. Thomason, III, the first women the right to vote in this coun- from our ranking general. member of our National Guard unit, try, and nearly 200 years before African I think it is important for this body the 278th, to be killed. Americans were allowed to vote in to know that in all of his public and It is very difficult to grasp the re- every part of America. private comments, the Democratic ality of the security situation in Iraq. I hope after the two Iraqi elections leader spoke for the administration of It is hard to grasp it from television. scheduled for the end of 2005 that we the U.S. Government. In other words, On the one hand, there is the danger I will begin to see large numbers of Ten- whatever his private views of policy just described. On the other hand, our nesseans coming home; for our average difference might have been, he did not casualties are significantly down. stay in other instances where the express those outside of this country. I Twelve of the 17 Iraqi provinces, we United States has helped build nations, was not surprised by that—I think that were told by our commanders there, as in Germany and Japan, has been is the way it ought to be—but I was im- are relatively without incident. An av- about 5 years. pressed by that. I was impressed by erage of 800 supply trucks convoy each The Presbyterian Chaplain of the that part of his attitude, by the bipar- day from Kuwait to the edge of Bagh- 844th—which I visited—Rev. Tim Fary tisan quality of the delegation, and by dad. Since August, there have been 166 from Rhea County, I discovered I had the hard work he expected of those on attacks on these trucks, killing 2 sol- met before. He was then 8 years old and the delegation. I appreciated the diers. I was Governor of Tennessee. I was chance to be included, and I appre- Forty percent of those serving in Iraq playing a piano concert with the Chat- ciated his leadership. and Kuwait are reservists or guards- tanooga Symphony at a July concert As I am sure the Senator from North men. Several thousand of them are at Chickamauga near Chattanooga. Carolina, who occupies the chair, from Tennessee. Most left behind fami- Tim Fary, 8 years old, was lost. knows, and the Senator from Texas lies, jobs, and mortgages for up to 18 He told me: feels the same way, there are so many months. Far from home, they are deal- When I found my parents 2 hours later, I thousands of people—in my case, Ten- ing with child custody, insurance, had a handwritten note that read, ‘‘Dear nesseans—serving in Iraq and Kuwait births, and deaths. Thirty percent of Tim: Thank you for your advice. Governor that I almost felt at home visiting the members of the 844th unit, with Lamar Alexander.’’ That note kept me out of there last week. My wife Honey and I whom I visited, are continuing their trouble. I still have it. were greeted at the Kuwait Airport by education online. I brought home infor- We hope Tim’s prayers, as well as our an Army reservist who is publisher of mation so I could help seven reservists own, will keep our brave Tennesseans the Dyersburg News and copublisher of who are having trouble with their citi- safe so they can accomplish their mis- the State Gazette. We had dinner with zenship applications. sion and come home soon. the 844th Engineer Combat Battalion, Here are three other thoughts from f which is based in Knoxville, which in- that visit: cludes more than 500 Tennesseans. One One, armored vehicles. Commanders DRIVER’S LICENSES of those reservists is SGT Amanda in Kuwait assured me that no humvee Mr. ALEXANDER. Mr. President, I Bunch, a nursing assistant at Asbury or truck is now going into a combat would now like to speak for 4 or 5 min- Acres in Maryville, my hometown zone without Level I or Level II armor. utes on another subject. I again thank where my mother and grandfather Second, in the training of Iraq forces, the Senator from Texas. This is a sub- lived for a few years. The school super- we met with GEN David Patraeus, the ject that I recently wrote an op-ed intendent from Athens, just down the former commander of Fort Campbell’s about, which was published last week road from my hometown; the president 101st Airborne Division and one of our in the Washington Post. Fearing that of the Lexington Rotary Club in west most accomplished military leaders. many of my colleagues might have Tennessee, a physician; three Blount He persuaded me and I think most been in places such as Texas or Ten- County deputies, from my home coun- other members of our delegation that nessee or Iraq and might have missed

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3125 it, I will make virtually the same re- one in this Chamber. In 1983, when I State or Federal, like I did on the marks here. was Governor of Tennessee, our Ten- Texas Supreme Court for 7 years. Specifically, I am concerned about nessee Legislature voted to put photo- For 13 years of my professional life, I the so-called ‘‘Real ID Act,’’ a bill re- graphs on driver’s licenses. Merchants have worn a black robe, judging cases, cently passed by the House of Rep- and policemen wanted a State identi- first presiding over the jury trials, and resentatives that would require States fication card to discourage check fraud coming to have a great deal of respect to turn 190 million driver’s licenses and teenage drinking. I vetoed this not just for those judges but for men into national identification cards, with photo driver’s license bill twice be- and women who serve on juries and de- State taxpayers, I am afraid, paying cause I believed driver’s licenses should cide hard cases, cases which, perhaps, most of the costs. be about driving and that State identi- they would prefer not have to sit in The first thing wrong here is that fication cards infringed on civil lib- judgment of, some involving even the some House Members want to stick erties. death penalty. that identification card proposal on the That same year, 1983, I visited the I don’t want anyone to misunder- appropriations bill that supports White House on the annual visit that stood what I say as being a blanket troops in Iraq. We should not slow Governors have with the President of criticism of either the judiciary or the down money for our troops while we the United States. As I got to the gate, U.S. Supreme Court, in particular. debate identification cards. a White House guard asked for my From my own experience, judges, al- The second problem is that States photo identification. though they have important jobs to do, not only get to create these identifica- I said to the guard: We don’t have are no different than you and I. They tion cards, States will likely end up photo driver’s licenses in Tennessee. I are mere mortals, subject to the same paying the bill. This is one more of the vetoed them. flashes of mediocrity, sometimes mak- unfunded Federal mandates that we The guard said: Well, you can’t get in ing mistakes, and sometimes dis- Republicans especially promised to without one. playing flights of brilliance. These are stop. Fortunately, the Governor of Geor- not, as some people have suggested, Supporters argue this is no mandate gia, the late George Busbee, was stand- high priests able to discern great because States have a choice. Well, ing there next to me. He had his Geor- truths that you and I are unable to fig- true. States may refuse to conform to gia photo driver’s license. He vouched ure out. They are generally very intel- the proposed Federal standards and for me. I was admitted to the White ligent, with outstanding educational issue licenses to whomever they House. pedigrees, but no one has agreed that choose, including illegal immigrants. The legislature at home overrode my judges, particularly Federal judges, But, if they do, States’ licenses will veto, and I gave up my fight against can be or should be a law unto them- not be accepted for ‘‘Federal purposes,’’ the State identification card. For selves. such as boarding an airplane. That is years, the State driver’s licenses have Federal judges are appointed subject some choice. What Governor will deny served as a de facto national identifica- to advice and consent provisions of the his or her citizens the identification tion card. But they have been unreli- Constitution for a lifetime. They do they need to travel by air or to cash able. All but one of the 9/11 terrorists not run for election. They do not have Social Security checks or for ‘‘other had valid driver’s licenses. to raise money as do other politicians. Federal purposes?’’ Even today, when I board an air- I know those who do envy them that. Of course, this identification card plane, as I did this morning, security But the idea is they are supposed to idea might backfire on us, the Members officials look at the front of my driv- use that independence in order to be of Congress. Some feisty Governor er’s license, which expired in 2000, and impartial umpires of the law—it is might ask: Who are these people in rarely turn it over to verify that it has called balls and strikes—and they Washington telling us what to do with been extended until 2005. should use that independence that has our driver’s licenses and making us pay My point is, we already have a na- been given to them in order to resist for them, too? tional identification card. They are politics, in order to resist those who A Governor, let us say from Cali- called driver’s licenses. They are just would suggest that in order to be pop- fornia, might say: California will use ineffective. ular you must subscribe to a particular its licenses for certifying drivers, and I still detest the idea of a govern- way of thinking or a particular social Congress can create its own identifica- ment identification card. South Afri- or political or ideological agenda. tion cards for people who want to fly ca’s experience is a grim reminder of Given that framework the Founding and do other federally regulated how such documents can be abused. Fathers agreed was so important and things. And, if they do not, I will put But I am afraid this is one of the that I know we all agree is important on the Internet the home telephone ways 9/11 has changed our lives. Instead today to preserve that independence so numbers of all the Congressmen. of pretending that we are not creating as to preserve that judicial function, it That is what some feisty Governor national identification cards, when we causes a lot of people, including me, might say. obviously are, I believe Congress great distress to see judges use the au- If just one State refuses to do the should carefully create an effective thority they have been given to make Federal Government identification Federal document that helps prevent raw political or ideological decisions. work, Congress would be forced to cre- terrorism with as much respect for pri- No one, including those judges, includ- ate what it claims to oppose, a Federal vacy as possible. ing the judges on the U.S. Supreme identification card for citizens of that I thank the Senator from Texas for Court, should be surprised if one of us State. his courtesy. I yield the floor. stands up and objects. Finally, if we must have a better The ACTING PRESIDENT pro tem- I make clear I object to some of the identification card for some Federal pore. The Senator from Texas. decisionmaking process occurring at purposes, there may be better ideas FEDERAL COURTS the U.S. Supreme Court today and now. than turning State driver’s license ex- Mr. CORNYN. Mr. President, I want- So far as the Supreme Court has taken aminers into CIA agents. For example, ed to talk a little bit about our courts, on this role as a policymaker rather Congress might create an airline trav- and specifically our Federal courts, and than an enforcer of political decisions eler’s card, or there could be an ex- even more specifically the United made by elected representatives of the panded-use U.S. passport. Since a mo- States Supreme Court. people, it has led to increasing divi- tive here is to discourage illegal immi- Before I start, let me just say I have siveness and bitterness of our con- gration, probably the most logical idea the greatest respect for our judiciary, firmation fights that is a very current is to upgrade the Social Security card, the men and women who wear black problem this body faces. It has gen- which directly relates to the reason robes—whether it is on a municipal erated a lack of respect for judges gen- most immigrants come to the United court or a county court or a district erally. Why should people respect a States, to work. court like I served on in San Antonio, judge for making a policy decision born I have fought government identifica- Bexar County, TX, for 6 years, or those out of an ideological conviction any tion cards as long and as hard as any- who work on appellate courts, whether more than they would respect or deny

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3126 CONGRESSIONAL RECORD — SENATE April 4, 2005 themselves the opportunity to disagree I am troubled when I read decisions nedy, writing for the U.S. Supreme if that decision were made by an elect- such as Roper v. Simmons. This is a re- Court, in a 5-to-4 decision, used to ed representative? The difference is cent decision from March 1, 2005. Let reach that conclusion. they can throw the rascal out and we me state what that case was about. First, Justice Kennedy adopted a test are sometimes perceived as the rascal This was a case involving Christopher for determining whether this death if they do not like the decisions made, Simmons. Christopher Simmons was penalty conviction was constitutional. but they cannot vote against a judge, seven months shy of his 18th birthday This ought to give you some indication because judges are not elected. They when he murdered Shirley Crook. This of the problems we have with the Su- serve for a lifetime on the Federal is a murder he planned to commit. Be- preme Court as a policymaker with no bench. fore committing the crime, this 17- fixed standards or objective standards The increasing politicization of the year-old who was 7 months shy of his by which to determine its decisions to judicial decisionmaking process at the 18th birthday, encouraged his friends make its judgments. The Court em- highest levels of our judiciary has bred to join him, assuring them that they braced a test that it had adopted ear- a lack of respect for some of the people could ‘‘get away with it,’’ because they lier referring to the ‘‘evolving stand- who wear the robe. That is a national were minors. Christopher Simmons and ards of decency that mark the progress tragedy. his cohorts broke into the home of an of a maturing society.’’ Let me repeat Finally, I don’t know if there is a innocent woman, bound her with duct that. The test they used was the cause-and-effect connection, but we tape and electrical wire, and then ‘‘evolving standards of decency that have seen some recent episodes of threw her off a bridge, alive and con- mark the progress of a maturing soci- courthouse violence in this country— scious, resulting in her subsequent ety.’’ certainly nothing new; we seem to have I would think any person of reason- run through a spate of courthouse vio- death. Those facts led a jury in Missouri, able intelligence, listening to what I lence recently that has been on the using the law in Missouri that the peo- am saying, would say: What was that? news. I wonder whether there may be ple of Missouri had chosen for them- How do you determine those ‘‘evolving some connection between the percep- standards’’? And if they are one way on selves through their elected represent- tion in some quarters on some occa- one day, how do they evolve to be atives, to convict him of capital mur- sions where judges are making polit- something different the next day? And der and to sentence him to death. ical decisions yet are unaccountable to Well, this 17-year-old boy, or young what is a ‘‘maturing society’’? How do the public, that it builds and builds to man I guess is what I would call him, we determine whether society has ma- the point where some people engage in Christopher Simmons, challenged that tured? I think people would be justified violence, certainly without any jus- jury verdict and that conviction all the in asking: Isn’t that fancy window tification, but that is a concern I have way through the State courts of Mis- dressing for a preordained conclusion? I that I wanted to share. will let them decide. souri and all the way to the U.S. Su- We all are students of history in this Well, it does not get much better be- preme Court. And the United States Senate, we all have been elected to cause then the Court, in order to deter- other bodies and other offices, and we Supreme Court, on March 1, 2005, held mine whether the facts met that stand- are all familiar with the founding doc- that Christopher Simmons or any ard, such as that this death penalty uments, the Declaration of Independ- other person in the United States of could not stand, or these laws in 20 ence, the Constitution itself. We are fa- America who is under the age of 18 who States cannot stand, looked to what miliar with the Federalist Papers that commits such a heinous and premedi- they called an ‘‘emerging consensus.’’ were written in an effort to get the tated and calculated murder cannot be Well, any student of high school civics Constitution ratified in New York given the death penalty because it vio- knows we have a Federal system, and State. Alexander Hamilton, apropos of lates the U.S. Constitution. the national Government does not dic- what I will talk about, authored a se- In so holding, the U.S. Supreme tate to the State governments all as- ries of essays in the Federalist Papers Court said: We are no longer going to pects of criminal law. In fact, most that opine that the judicial branch leave this in the hands of jurors. We do criminal law is decided in State courts would be what he called the ‘‘least dan- not trust jurors. We are no longer in the first place. gerous branch of government.’’ He going to leave this up to the elected Nevertheless, the Supreme Court of pointed out that the judiciary lacked representatives of the people of the re- the United States, in a 5-to-4 decision, the power of the executive branch, the spective States, even though 20 States, looked for an ‘‘emerging consensus’’ White House, for example, in the Fed- including Missouri, have the possibility and in the process wiped 20 States’ laws eral Government and the political pas- at least of the death penalty being as- off the books. I will not go into the de- sions of the legislature. In other words, sessed in the most aggravated types of tails of how they found a consensus, the Congress. Its sole purpose—that is, cases, involving the most heinous but suffice it to say it ought to be that the Federal judiciary’s sole purpose— crimes, against someone who is not yet in a nation comprised of 50 separate was to objectively interpret and apply 18. sovereign State governments, where 20 the laws of the land and in such a role This is how the Court decided to do States disagree with the Court on its its job would be limited. that. First, it might be of interest to decision that wipes those 20 States’ Let me explain perhaps in greater de- my colleagues that 15 years earlier the courts laws off the books, it can hardly tail why I take my colleagues’ time to same U.S. Supreme Court, sitting in be called a consensus, if language is to criticize some of the decisionmaking Washington, across the street from this have any meaning. being made by some Federal courts in Capitol where we are standing today, Secondly, the Court said: We will some cases. This is not a blanket con- held just the opposite. Fifteen years also look to our own decisions, our own demnation. I hope I have made it clear ago, the U.S. Supreme Court held that judgment over the propriety of this I respect the men and women who wear under appropriate circumstances, given law. In other words, they are going to the robe, but having been a judge my- the proper safeguards, in the worst decide because they can, because basi- self I can state that part of the job of cases involving the most depraved and cally their decisions are not appeal- a judge is to criticize the reasoning and premeditated conduct, a jury could able, and there is nowhere else to go if the justification for a particular judg- constitutionally convict someone of they decide this law is unconstitu- ment. I certainly did that daily as a capital murder and sentence them to tional. The American people, the peo- state supreme court justice. And I the death penalty. But 15 years later, ple of Missouri, the people who sup- might add that people felt free to criti- on March 1, they said what was con- port, under limited circumstances, cize my decisions, my reasoning and stitutional the day before was no under appropriate checks and balances, justification for the judgments I would longer constitutional, wiping 20 States’ the death penalty for people who com- render. That is part of the give and laws off the books and reversing this mit heinous crimes under the age of 18 take that goes into this. I make clear death penalty conviction for Chris- are simply out of luck; this is the end my respect generally for the Federal topher Simmons. of the line. judiciary, including the U.S. Supreme What I want to focus on now is the Well, finally—and this is the part I Court. reasoning that Justice Anthony Ken- want to conclude on and speak on for a

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3127 few minutes—the Court demonstrated eign government or court has expressed perhaps even years later. That is a a disconcerting tendency to rely on the disagreement with the conclusion they basic principle of our legal system. In laws of foreign governments and even had reached. this case, the Court has decided to re- treaties in the application and enforce- Until recently the U.S. Supreme visit whether an accused who happens ment of U.S. law. This is a trend that Court had long held that under appro- to be a foreign national, subject to the did not start with the Roper case, but priate safeguards and procedures, the Vienna Convention on Consular Rela- I did want to mention it in that con- death penalty may be imposed by the tions, should be treated differently nection. States regardless of the IQ of the per- from any other litigant in our civil liti- But if the U.S. Supreme Court is not petrator. The Court had traditionally gation systems and in State and Fed- going to look to the laws of the United left this issue untouched as a matter eral courts or in the Federal system re- States, including the fundamental law for the American people and each of viewing State criminal justice provi- of the United States, which is the Con- their States to decide, as the Court sions. stitution, but interpreting what is and said in a case called Penry V. Lynaugh Even this basic principle of American is not constitutional under the U.S. in 1989. Yet because some foreign gov- law may soon be reversed. Many legal Constitution by looking at what for- ernments had frowned upon that rul- experts predict that in the upcoming eign governments and foreign laws ing, the U.S. has now seen fit to take case of Medilline v. Dretke, the Court have to say about that same issue, I that issue away from the American may overturn itself again for no other fear that bit by bit and case by case people entirely. In 2002, in a case called reason than that the International the American people are slowly losing Atkins v. Virginia, the U.S. Supreme Court of Justice happens to disagree control over the meaning of our laws Court held that the Commonwealth of with our longstanding laws and legal and the Constitution itself. If this Virginia could no longer apply its principles. This particular case in- trend continues, foreign governments criminal justice system and its death volves the State of Texas. I have filed may have a say in what our laws and penalty to an individual who had been an amicus brief, a friend of the court our Constitution mean and what our duly convicted of abduction, armed brief, in that decision, asking the policies in America should be. robbery, and capital murder because of Court to allow the people of Texas to Let me digress a second to say this is the testimony that the defendant was determine their own criminal laws and as current as the daily news. As a mat- mildly mentally retarded. The reason policies consistent with the U.S. States ter of fact, I saw in the New York given for this reversal of the Court’s Constitution and not subject to the Times on April 2 an article concerning position that it had taken in 1989 to veto of the Vienna Convention on Con- Justice Ginsburg, a member of that 2002? In part it was because the Court sular Rights or the decision of some five-member majority in the Roper was concerned about ‘‘the world com- international court. case. The headline is: ‘‘Justice Gins- munity’’ and the views of the European There is a serious risk, however, that burg Backs Value of Foreign Law.’’ Union. the Court will ignore Texas law, will Reading from this story, written by Take another example. The U.S. Su- ignore U.S. law, will reverse itself, and Anne Kornblut, it says: preme Court had long held that the decide in effect that the decisions of In her speech, Justice Ginsburg criticized American people in each of the States the U.S. Supreme Court can be over- the resolutions in Congress and the spirit in have the discretion to decide what ruled by the International Court of which they were written. kinds of conduct that have long been Justice. She is referring to a resolution I have considered immoral under long- I won’t dwell on this any longer, but filed, and I sent out a ‘‘dear colleague’’ standing legal traditions should or suffice it to say there are other exam- today expressing concerns about this should not remain illegal. In Bowers v. ples and other decisions where we see issue. But she said: Hardwick in 1986, the Court held that it Supreme Court Justices citing legal Although I doubt the resolutions will pass is up to the American people to decide opinions from foreign courts across the this Congress— whether criminal laws against sodomy globe as part of the justification for I don’t know where she gets her in- should be continued or abandoned. Yet their decisions interpreting the U.S. formation. I think there is a lot of once again because foreign govern- Constitution. These decisions, these positive sentiment in favor of what the ments have frowned upon that ruling, legal opinions from foreign courts resolution says, and I will talk about the U.S. Supreme Court saw fit in 2003, range from countries such as India, Ja- that in a minute. in Lawrence v. Texas, to hold that no maica, Zimbabwe, and the list goes on Although I doubt the resolutions will pass State’s criminal justice system or its and on. this Congress, it is disquieting that they criminal justice laws could be written I am concerned about this trend. have attracted sizable support. in a way to reflect the moral convic- Step by step, with each case where this I am a little surprised that a sitting tions and judgments of their people. occurs, the American people may be U.S. Supreme Court Justice would en- The reason given for this reversal losing their ability to determine what gage in a debate about a current mat- from 1986 to 2002? This time the Court their laws should be, losing control in ter, which has yet to be decided by the explained that it was concerned about part due to the opinions of foreign Senate, which is a resolution express- the European Court of Human Rights courts and foreign governments. If this ing concern about the use of foreign and the European Convention on happens to criminal law, it can also laws and treaties to interpret what the Human Rights. spread to other areas of our Govern- U.S. Constitution should mean. I am a I have already mentioned the case of ment and our sovereignty. How about little surprised by it. Roper v. Simmons. But most recently, our economic policy, foreign policy? In a series of cases over the past few on March 28, the U.S. Supreme Court How about our decisions about our own years our courts have begun to tell us heard oral arguments in a case that security? that our criminal laws and our crimi- will consider whether foreign nationals Most Americans would be disturbed if nal policies are informed not just by duly convicted of the most heinous we gave foreign governments the power our Constitution and by the policy crimes will nevertheless be entitled to to tell us what our Constitution means. preferences and legislative enactments a new trial for reasons that those indi- Our Founding Fathers fought the Revo- of the American people through their viduals did not even bother to bring up lutionary War precisely to stop foreign elected representatives, but also by the during their trial. As in the previous governments—in this case, Great Brit- rulings of foreign courts. I understand examples, the Supreme Court has al- ain—from telling us what our laws it is hard to believe, and most people ready answered this issue but decided should be or what the rules should be listening to what I am saying are ask- to revisit it once again. In 1998, in by which we would be governed. In ing themselves: Could this be true? Is Breard v. Green, the Court made clear fact, ending foreign control over Amer- it possible? I know it is hard to believe, that criminal defendants, like all par- ican law was one of the very reasons but in a series of recent cases, includ- ties in lawsuits, may not sit on their given for our War of Independence. ing the Roper case, the U.S. Supreme rights and must bring them up at the The Declaration of Independence Court has actually rejected its own time the case is going on or be prohib- itself specifically complains that the prior decisions in part because a for- ited from raising those issues later on, American Revolution was justified in

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3128 CONGRESSIONAL RECORD — SENATE April 4, 2005 part because King George ‘‘has com- to the United States, and that is ments were reported on April 2 in the bined with others to subject us to a ju- through the treaty process, which is, of New York Times. A Justice has stated risdiction foreign to our Constitution course, subject to ratification by the that following foreign rulings rather and unacknowledged by our laws.’’ U.S. Congress. than U.S. rulings ‘‘may create that all After a long and bloody revolution, There is an important role for inter- important good impression,’’ and we earned the right at last to be free of national law in our system, but it is a therefore, ‘‘over time, we will rely in- such foreign control. Rather, it was we role that belongs to the American peo- creasingly . . . on international and the people of the United States who ple through the political branches—the foreign courts in examining domestic then ordained and established a Con- Congress and the President—to decide issues.’’ stitution of the United States and our what that role should be and indeed Well, let me conclude by saying I find predecessors, our forefathers, specifi- what that law should be; it is not a role disturbing this attitude and these ex- cally included a mechanism by which given to our courts. Article I of the pressions of support for foreign laws we the people of the United States U.S. Constitution gives the Congress, and treaties that we have not ratified, could change it by amendment, if nec- not the courts, the authority to enact particularly when they are used to in- essary. laws punishing ‘‘Offenses against the terpret what the U.S. Constitution Of course, every judge who serves on Law of Nations,’’ and article II of the means. The brave men and women of a Federal court swears to an oath to Constitution gives the President the our Armed Forces are putting their ‘‘faithfully and impartially discharge power to ratify treaties, subject to the lives on the line in order to champion and perform all the duties incumbent advice and consent and the approval of freedom and democracy, not just for upon me . . . under the Constitution two-thirds of the Senate. Yet our the American people but for people all and laws of the United States, so help courts appear to be, in some instances, around the world. America today is the me God.’’ overruling U.S. law by citing foreign world’s leading champion of freedom As you can tell, I am concerned law decisions in which the U.S. Con- and democracy. I raise this issue, and I about this trend. I am concerned that gress had no role and citing treaties have filed a resolution for the consider- this trend may reflect a growing dis- that the President and the U.S. Senate ation of my colleagues on this issue. I trust amongst legal elites—not only a have refused to approve. speak about it today at some length distrust of our constitutional democ- To those who might say there is because I believe this is an important racy, but a distrust of the American nothing wrong with simply trying to matter for the American people to people and America itself. bring U.S. laws into consistency with know about and to have a chance to As every high school civics student other nations, I say this: This is not a speak out on. knows, the job of a judge is pretty good faith attempt to bring U.S. law I believe the American people—cer- straightforward. Judges are supposed into global harmony. I fear that, in tainly the people in Texas—do not to follow the law, not rewrite it. some instances, it is simply an effort want their courts to make political de- Judges are supposed to enforce and to further a political or ideological cisions. They want their courts to fol- apply political decisions that are made agenda, because the record suggests low and apply the law as written. I be- in Congress and that are signed into that this sudden interest in foreign law lieve the American people do not want law by the President of the United is more ideological than legal; it seems their courts to follow the precedents of States. Judges are not supposed to selective, not principled. foreign courts. They want their courts make those decisions or substitute U.S. courts are following foreign law, to follow U.S. laws and U.S. prece- their own judgments or those political it seems, inconsistently—only when dents. The American people do not judgments hashed out in the legislative needed to achieve a particular outcome want their laws controlled by foreign process in this body and this Capitol. that a judge or justice happens to de- governments. They want their laws The job of a judge is to read and obey sire but that is flatly inconsistent with controlled by the American Govern- the words contained in our laws and in U.S. law and precedent. Many coun- ment, which serves the American peo- our judicial precedents—not the laws tries, for example, have no exclu- ple. The American people do not want and precedents of foreign governments, sionary rule to suppress evidence that to see American law and American pol- which have no authority over our Na- is otherwise useful and necessary in a icy outsourced to foreign governments tion or the American people. criminal case. Yet our courts have not and foreign courts. I am concerned that some judges who abandoned the exclusionary rule in the So I have submitted a resolution to simply don’t like our laws—and they United States, relying upon the greater give this body the opportunity to state for the record that this trend in our don’t like the decisions made by Amer- wisdom and insight of foreign courts courts is wrong and that American law icans through their elected representa- and foreign nations. I might add that should never be reversed or rejected tives here about what those laws very few countries provide abortion on simply because a foreign government should be—are using this as another demand. Yet our courts have not aban- or a foreign court may disagree with it. way to justify their decision to over- doned our Nation’s constitutional ju- This resolution is nearly identical to reach. So it appears they would rather risprudence on that subject. Four Jus- one that has been introduced by my rewrite the law from the bench. What tices of the Supreme Court believe that colleague in the House, Congressman is especially disconcerting is that some school choice programs that benefit TOM FEENEY. I applaud his leadership judges today may be departing so far poor urban communities are unconsti- and efforts in this area, and I hope both from American law, from American tutional if parochial schools are eligi- the House and Senate will come to- principles, and from American tradi- ble, even though other countries di- gether and follow the footsteps of our tions that the only way they can jus- rectly fund religious schools. Founding Fathers, to once again defend Even more disconcerting than the tify their rulings is to cite the law of our rights as Americans to dictate the distrust of our constitutional democ- foreign countries, foreign governments, policies of our Government—informed racy is the distrust of America itself. I and foreign cultures, because there is but never dictated by the preferences would hope that no American—and cer- nothing left for them to cite for sup- of any foreign government or tribunal. port in this country. tainly no judge—would ever believe Mr. President, I yield the floor. Citing foreign law in order to over- that the citizens of foreign countries The ACTING PRESIDENT pro tem- rule U.S. policy offends our democracy are always right and that America is pore. The Senator from Minnesota. because foreign lawmaking is obvi- always wrong. Yet I worry that some f ously in no way accountable to the judges become more and more inter- American people. Here again—and I ested in impressing their peers in for- HONORING POPE JOHN PAUL II started out by saying I am not con- eign judiciaries and foreign govern- Mr. COLEMAN. Mr. President, I ap- demning all Federal judges; I have ments and less interested in simply fol- preciate the opportunity to pay my re- great respect for the Federal judici- lowing the U.S. Constitution and spects to a simple, humble man who ary—I am not condemning inter- American laws. At least one U.S. Su- achieved historic greatness—Pope John national law. Obviously, there is a way preme Court Justice mentioned pub- Paul II. The Archbishop of Min- by which international law can apply licly—and Justice Ginsburg’s com- neapolis-St. Paul, Harry Flynn, had a

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3129 quote the other day. I was home this his message of traditional religious faith and He talked about the fact he had been weekend with my wife and was looking values to anyone who would listen—believ- to Nevada. He was a relief priest. He over remarks made about John Paul II. ers, nonbelievers, Catholics, Protestants, would relieve priests in rural Nevada The Archbishop said this: Muslims, Jews. This will surely be one of his for their vacations. He talked about most enduring legacies. You do not have to He will be known, I firmly believe, as John be Catholic to be grateful for the service Battle Mountain where he had adminis- Paul the Great in the long history of the John Paul II rendered to all mankind. tered the last rites to a sheep herder. church. This will be because of his profound He was a very pleasant man. I learned writings and for his unceasing focus on the He did a tremendous service by the way he reached out to Israel and Jews later, however, about a story when the dignity of each and every human being and Pope had been through Nicaragua ear- the paramount value of human life. To my around the world. His visits to Holo- mind, his election to the pontificate was caust sites healed generations of mis- lier. There was a long line of priests, as made possible by the providence of God and understanding and underscored the is traditional in the Catholic faith, demonstrates God’s love for his church. world’s conviction that events such as that kiss the ring of the father, the I agree with my friend Archbishop this must never be allowed to happen Pope. When this man came by, the Flynn that John Paul II will be known again. Pope withdrew his ring. He knew what in history as John Paul the Great. His constancy showed us how to live. this man had done in Nicaragua. He The human family is plagued by His forgiveness showed us how to deal was a Communist, and he did not like many artificial divisions. Once in a with evil. His generosity showed us our what he had done, and he didn’t kiss great while, a figure emerges whose obligation to the less fortunate. His his ring; the Pope pulled it back. Pope John was a man of conviction ideas and example resonate across all faith showed us that we all live for pur- and very strong feelings. One of the boundaries and brings us together. poses far beyond ourselves. strongest convictions he had was about John Paul II was such a person. I was the mayor of St. Paul, MN, so communism. He knew what it had done As a Jew, I feel a deep sense of per- I am happy to quote St. Paul’s words to to his country of birth. sonal loss because the person I looked sum up the Holy Father’s life: to for leadership and who I deeply and He is exemplary of why the former Love is patient, love is kind. It does not Soviet Union could beat down religion profoundly respected has passed on. I envy, it does not boast, it is not proud. It is have the image of John Paul II at the not rude, it is not self-seeking, it is not eas- in every country it oppressed except western wall in Jerusalem, the Wailing ily angered, it keeps no record of wrongs. Poland. It couldn’t do it. And Pope Wall it has been called, the last re- Love does not delight in evil but rejoices John was an example of how the Poles mains of the outer part of the second with the truth. It always protects, always reacted to communism. They tried to temple, perhaps one of the holiest spots trusts, always hopes, always perseveres. shut the schools. The Catholic schools in the Jewish faith. I believe, if my Love never fails. flourished during all the time of com- recollection of Jewish tradition is cor- John Paul II was an ambassador of munism. They could not shut them rect, as you walk along the western love, and his love will continue to bless down. wall, about 100 yards inward is the the world. I said to my wife the other This weekend, the Catholic Church place where Abraham was going to sac- day: How blessed we are to have lived lost its spiritual leader and a spiritual rifice his son and the covenant with in his time. leader of the world. Just because you God was formed. I remember John Paul John Paul the Great is no longer are not of that faith does not take there praying, inserting his prayer— physically with us, but he has touched away from the spiritual power of this one of the things you do at the western all our souls in extraordinary ways. We man. I acknowledge his spiritual wall is oftentimes you take a prayer thank God to have known him. power. In the book I read, I learned it and put it in one of the crevices of the Mr. President, I yield the floor, and I was not unusual for Pope John Paul II wall as you say a prayer. suggest the absence of a quorum. to pray for 4 or 5 hours at a time. He His feeling was so deep and rich. I The ACTING PRESIDENT pro tem- was a man of great spirituality. With- can see him there praying in front of pore. The clerk will call the roll. out any reservation, the world lost its the western wall, I believe asking for The legislative clerk proceeded to spiritual leader and incredible role forgiveness for the church for the his- call the roll. model. He displayed amazing strength, tory of antisemitism. Mr. REID. Mr. President, I ask unan- courage, and compassion throughout I have heard the essence of leadership imous consent that the order for the his life, his life of service to his fellow described in this way: A leader main- quorum call be rescinded. man. tains order in the midst of change and The PRESIDING OFFICER (Mr. COR- As we know, he was born in Poland change in the midst of order. That was NYN). Without objection, it is so or- near Krakow. During his 84 years, he John Paul’s outstanding gift. He held dered. had enormous impact on the people and strongly to eternal values while he was f politics of his time. His lifetime and acts are full of lessons for all of us. But a force for dynamic and even revolu- HONORING POPE JOHN PAUL II tionary change. He played a decisive as so often is the case with life, you role in the liberation of Eastern Europe Mr. REID. Mr. President, a number of may not have guessed this from his and the fall of the Soviet Union. He has years ago, maybe 15 years ago, I had early years. He was also a gifted ath- passed on within a few months of the the opportunity to read a biography of lete and extremely smart. He spoke flu- other central figure in that historic Pope John Paul II. It was a big book ently seven languages. His favorite change, Ronald Reagan. But Pope John given to me by a friend. I started read- sport was soccer. He, in his adult life, Paul II did not wield military power. ing it and I couldn’t put it down. It was an actor. He enjoyed acting. He He was a man whose strength came read like a novel. He was a tremen- wrote poetry. At the university he from moral force and a conscience gov- dously interesting, fascinating, won- studied literature and philosophy and erned by peace. derful human being I came to appre- still found time to take part in the the- Remarkably, he was able to lead with ciate. I did not know much about the ater they had, becoming what many equal impact in the vigorous early days Pope, but after reading that book I have called a gifted actor. That is what of his papacy and in the weakness of tried to read everything I could about they called him at the time. For a his latter years. him. while, his ambition was to be a profes- There has been so much that has The only personal situation I ever sional actor. been written and said about this Pope had involving the Pope was shortly Pope John did not become part of the in the last few days that I believe has after I read that book I traveled to priesthood as a teenager. He was in his captured the essence of this great man. Central America with a congressional midtwenties before he became a priest. There is a piece I saw in Larry delegation. This was during the time of In the early 1940s, his life led him to Kudlow’s column. I would like to read the Iran contra conflict. One of the the priesthood and his ultimate call- from it: people we met was the Interior Min- ing. He was elected not long thereafter John Paul II reached across all religious ister of Nicaragua, a Communist. I met to be head of the Catholic Church in lines, becoming the most evangelical pope in him. He was a pleasant man. He was a 1978. For 27 years he has changed lives recent memory. He was tireless as he spread Catholic priest. and touched the world in countless

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3130 CONGRESSIONAL RECORD — SENATE April 4, 2005 ways. Some say he was too conserv- and find inspiration in his life and the Today and always, Michael will be re- ative. Some say he was not progressive work he has accomplished. membered by family members, friends enough. But he made his mark wher- I suggest the absence of a quorum. and fellow Hoosiers as a true American ever he went. The PRESIDING OFFICER. The hero and we honor the sacrifice he I will remember the Pope for the clerk will call the roll. made while dutifully serving his coun- strength he showed throughout his life. The legislative clerk proceeded to try. It all started in reading the book about call the roll. As I search for words to do justice in this great man. In the face of com- Mr. FRIST. Mr. President, I ask honoring Michael’s sacrifice, I am re- munism, he stood with the people of unanimous consent that the order for minded of President Lincoln’s remarks Eastern Europe and empowered them the quorum call be rescinded. as he addressed the families of the fall- The PRESIDING OFFICER. Without in their pursuit of freedom. In the face en soldiers in Gettysburg: ‘‘We cannot objection, it is so ordered. of hunger and despair, he challenged dedicate, we cannot consecrate, we powerful nations, including our own to f cannot hallow this ground. The brave do more to reach out and lift up our HONORING OUR ARMED FORCES men, living and dead, who struggled struggling neighbors. In the rush to here, have consecrated it, far above our MASTER SERGEANT MICHAEL HIESTER poor power to add or detract. The war, he sought peace always. At the Mr. BAYH. Mr. President, I rise end of his days when sickness had world will little note nor long remem- today with a heavy heart and deep ber what we say here, but it can never taken his physical strength, he still sense of gratitude to honor the life of a showed grace and courage in tending to forget what they did here.’’ This state- brave young man from Bluffton. Mas- ment is just as true today as it was his flock. ter Sergeant Michael Hiester, 33 years The last pictures we see of the Pope nearly 150 years ago, as I am certain old, was one of four Indiana National that the impact of Michael’s actions in some of our minds’ eye, having gone Guardsmen who died on March 26 when through surgery, he was still standing will live on far longer than any record a land mine exploded under their mili- of these words. in front of the throng that came to see tary vehicle south of Kabul. With his It is my sad duty to enter the name him, and still doing his very best to life before him, Michael risked every- of Michael Hiester in the CONGRES- speak. He couldn’t speak. How frus- thing to fight for the values Americans SIONAL RECORD of the U.S. Senate for trating that must have been. hold close to our hearts, in a land half- his service to this country and for his There are many lessons we can draw way around the world. profound commitment to freedom, de- from the life of Pope John Paul II. He A devoted father of two young chil- mocracy and peace. When I think about traveled the globe more than any Pope dren, Michael served as a part-time this just cause in which we are en- in history. He was a skier in addition firefighter in his hometown of Bluffton, gaged, and the unfortunate pain that to being the Pope. He skied while he in addition to being a member of the comes with the loss of our heroes, I was the Pope. Indiana National Guard. Like most hope that families like Michael’s can He did not have to travel the world, things Michael set his mind to, he was find comfort in the words of the proph- but he did, realizing that he brought successful in his military career. A et Isaiah who said, ‘‘He will swallow up the spotlight of media and attention to full-time Guardsman since 1990, Mi- death in victory; and the Lord God will the cause of many who otherwise would chael was promoted to master sergeant wipe away tears from off all faces.’’ have been ignored. 3 months ago. He had previously served May God grant strength and peace to He was shot by a would-be assassin. his country in Bosnia-Herzegovina as those who mourn, and may God be with As soon as he was physically able, he part of the Indiana Guard’s peace- all of you, as I know He is with Mi- went to the prison cell of the man who keeping assignment. According to chael. shot him and forgave him in the prison friends and family, Michael was also a ARMY SPECIALIST BRETT M. HERSHEY cell in a one-on-one meeting with his real estate appraiser and an avid ath- Mr. President, I also wish to honor would-be assassin. lete who loved diving and cycling. the life of a brave young man who grew We now know as a result of that as- Mayor Ted Ellis shared memories of up in Indianapolis. Army SPC Brett M. sassin’s attempt they developed a new Michael with the Associated Press, Hershey, 23 years old, was one of four vehicle for him. In this age of terror, saying, that he ‘‘was just the kind of Indiana National Guardsmen who died the Popemobile is something we all un- guy that every parent wants their child on March 26th when a land mine ex- derstand. He waved to people from this to be like—outgoing and hardworking ploded under their military vehicle little bulletproof vehicle which he rode and always thinking about something south of Kabul. With his entire life be- around in like a golf cart. It was not a that they could do out there for the fore him, Brett risked everything to limousine. It was the Popemobile. community.’’ I stand here today to ex- fight for the values Americans hold He also reached out to leaders. He did press gratitude for Michael’s sacrifices close to our hearts, in a land halfway not always agree with these leaders he and for those made by the entire around the world. reached out to, recognizing that prob- Hiester family on behalf of our coun- A 2000 graduate of North Central lems are better solved by working to- try. High School in Indianapolis, Brett was gether. In our own country, he reached Michael was killed while serving his just seven credits shy of graduating out to former Presidents Carter, country in Operation Enduring Free- from Indiana University in Bloom- Reagan, Bush, and Clinton, and worked dom. He was a member of the Indiana ington, when he left for Afghanistan. closely with our current President. He National Guard’s 76th Infantry Bri- Friends and teachers recount that at did not alienate or reject leaders who gade. This brave young soldier leaves North Central, Brett was a model stu- disagreed with him. He sought common behind his wife Dawn, a 6-year-old dent with an ever-present smile, who ground in championing the causes of daughter, Emily, and a 4-year-old son, was involved in religious groups, var- his fellow man. Adam. sity lacrosse and student government. But ultimately, I believe the life of Today, I join Michael’s family, his Brett’s older brother, Nate, recalled his Pope John Paul II is a reminder that friends and the entire Bluffton commu- brother’s vibrant spirit when speaking one man or one woman can make a dif- nity in mourning his death. While we to the Indianapolis Star saying, Brett ference. It does not matter where we struggle to bear our sorrow over this ‘‘loved people very well, and he loved are born. It does not matter what we loss, we can also take pride in the ex- them because his first love was Jesus. aspire to early in life. It can change for ample he set, bravely fighting to make He was funny, witty and passionate the better. It does not matter what the world a safer place. It is his cour- about just sucking the marrow out of paths we have wandered. We all have age and strength of character that peo- life. He always wanted people to know the ability to rise up and help our fel- ple will remember when they think of they were loved.’’ low man in immeasurable ways. There Michael, a memory that will burn Brett was killed while serving his is no better example of that than Pope brightly during these continuing days country in Operation Enduring Free- John Paul II. of conflict and grief. dom. He was a member of the Indiana As the world mourns the loss of the Michael was known for his dedication National Guard’s 76th Infantry Bri- Pope, may we keep that lesson in mind, to family and his love of country. gade. This brave young soldier leaves

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3131 behind his mother Roxanne; his father ghanistan and Bosnia-Herzegovina, SPC Norman ‘‘Kyle’’ Snyder, 21 years Roger; his sister Abby; his brother Na- Todd flew charter planes. His wife old, was one of four Indiana National than; and his sister Nicole. Paula shared memories of Todd with Guardsmen who died on March 26 when Today, I join Brett’s family and the Indianapolis Star, recounting that a land mine exploded under their mili- friends in mourning his death. While ‘‘he wanted to be out there making a tary vehicle south of Kabul. With his we struggle to bear our sorrow over difference.’’ A neighbor told a local tel- entire life before him, Kyle risked ev- this loss, we can also take pride in the evision station, ‘‘As a neighbor and erything to fight for the values Ameri- example he set, bravely fighting to friend—he was a wonderful, wonderful cans hold close to our hearts, in a land make the world a safer place. It is his man—great father and a great hus- halfway around the world. courage and strength of character that band.’’ I stand here today to express After graduating from Sullivan High people will remember when they think gratitude for Todd’s sacrifices and for School, Kyle joined the National of Brett, a memory that will burn those made by the entire Fiscus family Guard, a dream he had long held. A brightly during these continuing days on behalf of our country. country music fan with many friends, of conflict and grief. Todd was killed while serving his Kyle had hoped to attend college in the Brett was known for his deep faith, country in Operation Enduring Free- coming fall. By joining the National his dedication to his family, and his dom. He was a member of the Indiana Guard, Kyle became a part of a long- love of country. Today and always, National Guard’s 76th Infantry Bri- standing family tradition of service, as Brett will be remembered by family gade. This brave soldier leaves behind most of his male relatives also served members, friends, and fellow Hoosiers his wife Paula and his two young in the military. His mother, Donna as a true American hero, and we honor daughters: Alexandra, 5, and Gabrielle, Shots, recalled her son’s service to his the sacrifice he made while dutifully 4. country, saying ‘‘I am honored to know serving his country. Today, I join Todd’s family, his that my son served in the military, As I search for words to do justice in friends and the entire Milford commu- died honorably and I can hold my head honoring Brett’s sacrifice, I am re- nity in mourning his death. While we up knowing he was proud and so am I minded of President Lincoln’s remarks struggle to bear our sorrow over this to be an American.’’ Today and always, as he addressed the families of the fall- loss, we can also take pride in the ex- Kyle will be remembered by family en soldiers in Gettysburg: ‘‘We cannot ample he set, bravely fighting to make members, friends and fellow Hoosiers dedicate, we cannot consecrate, we the world a safer place. It is his cour- as a true American hero and we honor cannot hallow this ground. The brave age and strength of character that peo- the sacrifice he made while dutifully men, living and dead, who struggled ple will remember when they think of serving his country. here, have consecrated it, far above our Todd, a memory that will burn bright- Kyle was killed while serving his poor power to add or detract. The ly during these continuing days of con- country in Operation Iraqi Freedom. world will little note nor long remem- flict and grief. He was a member of the Indiana Na- ber what we say here, but it can never Todd was known for his dedication to tional Guard’s 76th Infantry Brigade. forget what they did here.’’ This state- family and his love of country. Today This brave young soldier leaves behind ment is just as true today as it was and always, Todd will be remembered his mother Donna Shots; his father nearly 150 years ago, as I am certain by family members, friends and fellow Jerry Snyder; his sister Shelli Snyder; that the impact of Brett’s actions will Hoosiers as a true American hero and his two half brothers, Derek Eugene live on far longer than any record of we honor the sacrifice he made while Snyder and Craig Allen Snyder; and his these words. dutifully serving his country. grandparents, Azalia Barfield, Jane and It is my sad duty to enter the name As I search for words to do justice in Ron Moreland, Juanita Walters, and of Brett M. Hershey in the CONGRES- honoring Todd’s sacrifice, I am re- Norman and Susan Snyder. SIONAL RECORD of the United States minded of President Lincoln’s remarks Today, I join Kyle’s family, his Senate for his service to this country as he addressed the families of the fall- friends and the entire Carlisle commu- and for his profound commitment to en soldiers in Gettysburg: ‘‘We cannot nity in mourning his death. While we freedom, democracy, and peace. When I dedicate, we cannot consecrate, we struggle to bear our sorrow over this think about this just cause in which we cannot hallow this ground. The brave loss, we can also take pride in the ex- are engaged, and the unfortunate pain men, living and dead, who struggled ample he set, bravely fighting to make that comes with the loss of our heroes, here, have consecrated it, far above our the world a safer place. It is his cour- I hope that families like Brett’s can poor power to add or detract. The age and strength of character that peo- find comfort in the words of the proph- world will little note nor long remem- ple will remember when they think of et Isaiah who said, ‘‘He will swallow up ber what we say here, but it can never Kyle, a memory that will burn brightly death in victory; and the Lord God will forget what they did here.’’ This state- during these continuing days of con- wipe away tears from off all faces.’’ ment is just as true today as it was flict and grief. May God grant strength and peace to nearly 150 years ago, as I am certain As I search for words to do justice in those who mourn, and may God be with that the impact of Todd’s actions will honoring Kyle’s sacrifice, I am re- all of you, as I know He is with Brett. live on far longer than any record of minded of President Lincoln’s remarks CAPTAIN MICHAEL T. FISCUS these words. as he addressed the families of the fall- Mr. President, I honor the life of a It is my sad duty to enter the name en soldiers in Gettysburg: ‘‘We cannot brave young man from Milford. Captain of Michael ‘‘Todd’’ Fiscus in the CON- dedicate, we cannot consecrate, we Michael ‘‘Todd’’ Fiscus, 36 years old, GRESSIONAL RECORD of the U.S. Senate cannot hallow this ground. The brave was one of four Indiana National for his service to this country and for men, living and dead, who struggled Guardsmen who died on March 26 when his profound commitment to freedom, here, have consecrated it, far above our a land mine exploded under their mili- democracy and peace. When I think poor power to add or detract. The tary vehicle south of Kabul. With his about this just cause in which we are world will little note nor long remem- entire life before him, Todd risked ev- engaged, and the unfortunate pain that ber what we say here, but it can never erything to fight for the values Ameri- comes with the loss of our heroes, I forget what they did here.’’ This state- cans hold close to our hearts, in a land hope that families like Todd’s can find ment is just as true today as it was halfway around the world. comfort in the words of the prophet nearly 150 years ago, as I am certain A devoted father of two daughters Isaiah who said, ‘‘He will swallow up that the impact of Kyle’s actions will and a successful soldier, Todd joined death in victory; and the Lord God will live on far longer than any record of the Indiana Air National Guard about wipe away tears from off all faces.’’ these words. 16 years ago before switching to the May God grant strength and peace to It is my sad duty to enter the name Army National Guard. In joining the those who mourn, and may God be with of Norman ‘‘Kyle’’ Snyder in the CON- Guard, Todd followed a family tradi- all of you, as I know He is with Todd. GRESSIONAL RECORD of the United tion of service, as his father, Captain SPECIALIST NORMAN ‘‘KYLE’’ SNYDER States Senate for his service to this Mike Fiscus, also serves in the Army Mr. President, I also honor the life of country and for his profound commit- Guard. Outside of his missions to Af- a brave young man from Carlisle. Army ment to freedom, democracy and peace.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3132 CONGRESSIONAL RECORD — SENATE April 4, 2005 When I think about this just cause in Lance Corporal Kielion died Novem- try. With the death of Donald Griffith, which we are engaged, and the unfortu- ber 15, 2004, from injuries sustained this Nation lost a hero. nate pain that comes with the loss of from small arms fire as a result of We know that there is no greater gift our heroes, I hope that families like enemy action. On that same day, Lance than the laying down of one’s life for Kyle’s can find comfort in the words of Corporal Kielion’s son was born. Shane another. Staff Sergeant Griffith has the prophet Isaiah who said, ‘‘He will Jr. is a living remembrance of his fa- given us that gift and we are forever swallow up death in victory; and the ther who was a brave and dedicated grateful for his sacrifice. I ask that my Lord God will wipe away tears from off son, brother, friend, husband, and Ma- colleagues join me reflecting on the all faces.’’ rine. memory of Donald D. Griffith, Jr. as May God grant strength and peace to I would like to extend my sympathy we extend our thoughts and prayers to those who mourn, and may God be with to all those who were blessed to know his family and friends. all of you, as I know He is with Kyle. Lance Corporal Kielion and remind f FIRST LIEUTENANT EDWARD D. IWAN them that he will always be remem- Mr. NELSON of Nebraska. Mr. Presi- bered as a brave and dedicated U.S. ma- TRIBUTE TO SENATOR HOWELL dent, I rise today to honor First Lieu- rine. Loyal and honorable are two ap- HEFLIN tenant Edward D. Iwan of Albion, NE. propriate descriptions of LCpl Shane Mr. LEVIN. Mr. President, it is with First Lieutenant Iwan was a man Kielion who will forever remain in the deep sadness that I learned this past who led by example and his leadership hearts and minds of those he left be- week of the passing of a dear friend and deserves the utmost honor. He was hind including his wife and son. former colleague, Senator Howell Hef- raised on a farm near Albion, NE and SERGEANT NICHOLAS S. NOLTE lin. was a 1994 graduate of Albion High Mr. President, I rise today to honor My thoughts and prayers today and School where he was active in Future Marine SGT Nicholas S. Nolte of Falls those of my wife, Barbara, are with his Farmers of America and Student Coun- loving wife, Elizabeth Ann ‘‘Mike’’, and cil. First Lieutenant Iwan valued his City, NE. As a 1998 graduate of Falls City Sa- his family. church, family, and country; and fol- Everyone thought of Howell as lowing high school he served 3 years in cred Heart, Nicholas S. Nolte demonstrated honor, dignity, and bravery ‘‘Judge’’ Heflin, even as he served in the United States Army. He then re- the Senate, because he forever looked turned to Nebraska and earned a Bach- in his decision to join the Marines after graduation. Sergeant Nolte was so and acted the part of the ‘‘country elor of Science degree in Criminal Jus- judge’’. He came to the Senate, as I did, tice. During college he remained active dedicated to his service that he reen- in the class of 1978. Howell was then al- in the Armed Forces including the listed after his original 4-year commit- ready a distinguished jurist, having ROTC, National Guard and Army Re- ment and was assigned to the 2nd Low served 6 years as chief justice of the serve. In December of 2001, First Lieu- Altitude Air Defense Battalion, 2nd Alabama Supreme Court. He went on tenant Iwan returned full-time to the Marine Aircraft Wing, II Marine Expe- to build a solid reputation and to play Army. ditionary Force, Marine Corps Air Sta- During his last tour of duty to our tion, in Cherry Point, NC. He was also an important role in the life of the country this soldier was promoted from a member of the Presidential Heli- Senate over the next 18 years. Second to First Lieutenant, served in copter Squadron HMX–1 where he hon- Howell Heflin, a man of not only in- several locations, and was deployed to orably guarded and served President tellect, but warmth and good-humor, Iraq in January of 2004 with the 2nd Clinton and President Bush. tackled some of the more thankless Battalion, 2nd Infantry Regiment, 1st On November 9, 2004 while serving in tasks in the Senate, including the ar- Infantry Division. First Lieutenant Ed- Iraq, Sergeant Nolte was injured as a cane issues involving bankruptcy and ward D. Iwan was killed in action on result of enemy action when a roadside administrative practice, and serving as Friday, November 12, 2004 during sus- bomb hit his vehicle in Al Anbar Prov- the chairman of the Senate Ethics tained combat in Fallujuh, Iraq. This ince, Iraq. He later died from his Committee in particularly turbulent brave soldier led by example to the wounds on November 24th at the Na- times. He could always be counted on very end, when even as his unit was tional Naval Medical Center in Be- to approach difficult issues with care- under attack, he continued to guide his thesda, MD. ful thoughtful analysis, and to apply troops. He was killed when a rocket Sergeant Nolte left behind his wife his balanced judgement objectively. propelled grenade struck his Bradley Melina and daughter Alanna. He is sur- For this reason, and others, Howell Fighting Vehicle. His final heroic mo- vived by many family, friends, and Heflin was respected on both sides of ments resulted in the posthumous countrymen who honor his bravery for the aisle. In fact, he frequently served awards of a Purple Heart and Bronze serving our Nation and fighting for our as a bridge between Democrats and Re- Star. freedom. I would like to express my publicans in a way sorely needed in to- I offer my sincere thoughts and pray- heartfelt thoughts and prayers for Ser- day’s Senate. He was a true moderate, ers to the family and friends of First geant Nolte’s family. Sergeant Nolte moderate in politics and by tempera- Lieutenant Iwan. His service to our Na- will be remembered as a Marine who ment. His demeanor, his objectivity, as tion will forever be appreciated. He was fought and died for liberty and freedom well as his expertise, diligence and at- an outstanding American, Nebraskan, for all Americans and Nebraskans. tention to the facts, have been missed and soldier who embodied the bravery, f and are among the very elements most spirit, grace and values of our grateful needed now in this Chamber if we are Nation. TRIBUTE TO STAFF SERGEANT to hope to remain the world’s most de- DONALD D. GRIFFITH, JR. MARINE LANCE CORPORAL SHANE E. KIELION liberative body. Mr. President, I rise today to also Mr. GRASSLEY. Mr. President, I rise Senator Heflin served the people of honor Marine LCpl Shane E. Kielion of today to remember a fallen soldier, Alabama, proudly. He served our na- La Vista, NE. SSG Donald D. Griffith, Jr., a member tion with genuine dignity. And, today, Lance Corporal Kielion, a young man of B Troop, 2nd Squadron, 14th Cavalry as I look back on the life and career of with a bright future, heroically served Regiment, 25th Infantry Division, Fort Howell Heflin, I reflect on how proud I our Nation. As a 1999 graduate of South Lewis, WA. Staff Sergeant Griffith died am of having had the opportunity to High School he attended Peru State on March 11, 2005, in Tal Afar, Iraq, serve with this very special man, and College and was employed before decid- when his dismounted patrol was at- to call him my friend. ing to enter the United States Marine tacked by enemy forces using small f Corps in 2002. He wed his high school arms fire. My heart goes out to his par- sweetheart, April, while being sta- ents and family, who reside in Mechan- LOCAL LAW ENFORCEMENT tioned in San Diego. Lance Corporal icsville, IA, and his wife in Lakewood, ENHANCEMENT ACT OF 2005 Kielion was assigned 3rd Battalion, 5th WA. Mr. SMITH. Mr. President, I rise Marine Regiment, 1st Marine Division, Today, this Nation remembers and today to speak about the need for hate 1 Marine Expeditionary Force, Marine honors a man who sacrificed his life to crimes legislation. Each Congress, Sen- Corps Base Camp in Pendleton, CA. defend his fellow soldiers and his coun- ator KENNEDY and I introduce hate

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3133 crimes legislation that would add new Federal Bureau of Investigation With the rise of Afro-Colombian ad- categories to current hate crimes law, counterterrorism officials stated ‘‘re- vocacy groups and NGOs in Colombia, I sending a signal that violence of any ceiving all available personal identi- believe it is possible to foster meaning- kind is unacceptable in our society. fying information and other details ful partnerships and alliances for posi- Likewise, each Congress I have come to from terrorism-related NICS trans- tive change in this region. In addition the floor to highlight a separate hate actions could be useful in conducting to the CBC, there are many members of crime that has occurred in our coun- investigations.’’ Currently, counterter- the religious community—in my home try. rorism officials do not have access to State of Illinois and across our coun- Last month, a 19-year-old gay man the majority of these records because try—who are working on behalf of from New York was brutally murdered. they are destroyed within 24 hours of Afro-Colombians. I commend them on The victim’s dismembered limbs were the transaction in the absence of dis- their dedication to this important found throughout Brooklyn, including qualifying information. cause. Together we can and will make inside a subway tunnel. The Terrorist Apprehension Record a difference. I believe that the Government’s first Retention Act addresses this issue by duty is to defend its citizens, to defend requiring that in cases where an NICS f them against the harms that come out background check turns up a valid BUDGET ESTIMATE—S. 600 of hate. The Local Law Enforcement match to a terrorist watch list, all Mr. LUGAR. Mr. President, when the Enhancement Act is a symbol that can records pertaining to the transaction committee report (109–35) to accom- become substance. I believe that by be retained for 10 years. In addition, pany S. 600 was printed, the Congres- passing this legislation and changing the bill requires that all NICS informa- sional Budget Office’s cost estimate current law, we can change hearts and tion be shared with appropriate Fed- was not yet available. I ask unanimous minds as well. eral and State counterterrorism offi- consent that it now be printed in the Mr. LEVIN. Mr. President, I am cials anytime an individual on a ter- CONGRESSIONAL RECORD. Also, the same pleased to join Senator LAUTENBERG in rorist watch list attempts to buy a report contained a table with a clerical introducing the Terrorist Apprehension firearm. Learning about a suspected error. I ask unanimous consent that Record Retention Act. I cosponsored terrorist’s purchase of a firearm could the corrected table be printed in to- the Terrorist Apprehension Record Re- potentially be critical to counterter- day’s RECORD as well. tention Act because I believe it is com- rorism investigators working to pre- There being no objection, the mate- monsense legislation which will vent a terrorist attack. rial was ordered to be printed in the strengthen our homeland security. This bill takes a commonsense ap- RECORD, as follows: According to the Brady Handgun Vio- proach to assisting Federal authorities lence Prevention Act, anyone seeking in monitoring and apprehending sus- Congressional Budget Office Cost Estimate for the Foreign Affairs Authorization Act, to purchase or obtain a permit to pos- pected terrorists without compro- Fiscal Years 2006 and 2007 sess, acquire, or carry firearms must mising the privacy rights of law-abid- COST ESTIMATE undergo a background check through ing citizens. I am hopeful that the Con- the National Instant Criminal Back- In accordance with rule XXVI, paragraph gress will take up and pass this legisla- 11(a) of the Standing Rules of the Senate, the ground Check System, or NICS. This tion to give Federal and State counter- committee provides the following estimate process requires the applicant to pro- terrorism officials the information of the cost of this legislation prepared by the vide a variety of personal information they need to help keep our families and Congressional Budget Office. including name, date of birth, current communities safe. U.S. CONGRESS, residence, and country of citizenship f CONGRESSIONAL BUDGET OFFICE, which is then compared with data in Washington, DC, March 18, 2005. AFRO-COLOMBIANS AND THE the NICS system to determine whether Hon. RICHARD G. LUGAR, Chairman, the person is prohibited by law from re- LEADERSHIP OF THE CBC Committee on Foreign Relations, U.S. Senate, ceiving or possessing firearms. Dis- Mr. OBAMA. Today I wish to com- Washington, DC. qualifying criteria include felony con- mend Congressman BOBBY RUSH and DEAR MR. CHAIRMAN: victions and fugitive or illegal alien other members of the Congressional The Congressional Budget Office has prepared the enclosed cost estimate for S. 600, status. If no disqualifying information Black Caucus for their work on behalf the Foreign Affairs Authorization Act, Fis- is found within 3 business days, the of Afro-Colombians. The consistent ad- cal Years 2006 and 2007. transaction is allowed to continue. vocacy of the CBC on this human If you wish further details on this esti- As part of the background check, ap- rights issue has been critical to in- mate, we will be pleased to provide them. plicants are also checked against creasing consciousness and activism in The CBO staff contact is Sunita D’Monte. known terrorist watch lists. However, the U.S. and Colombia. Significant Sincerely, under current law, membership in a progress has made through this alli- DOUGLAS HOLTZ-EAKIN, Director. known terrorist organization does not ance, and I look forward to working Enclosure. cc: Hon. Joseph R. Biden, Jr., Ranking Minor- automatically disqualify an applicant with the CBC and other community ity Member from receiving or possessing a firearm. groups on this issue. Throughout Latin America, Afro- CONGRESSIONAL BUDGET OFFICE COST In cases where a positive match is ESTIMATE made, Federal authorities search for Latino communities remain S. 600—FOREIGN AFFAIRS AUTHORIZATION ACT, other disqualifying information. If no marginalized—socially, economically FISCAL YEARS 2006 AND 2007 disqualifying information can be found and politically. In the case of Colom- bia, the violence and disruption of the As reported by the Senate Committee on Foreign within 3 business days, the transaction Relations on March 10, 2005 is permitted to continue. In addition, country’s 40-year civil conflict have SUMMARY all records pertaining to a positive disproportionately affected Afro-Co- match of an applicant to a terrorist lombians. Many are now refugees in S. 600 would authorize appropriations of al- their own country after being forced to most $30 billion in 2006 and such sums as may watch list must, under current law, be be necessary in 2007 for the Department of destroyed within 24 hours if no dis- leave their homes, and they face wide- State, international assistance programs, qualifying information is found. spread racial discrimination as they and related agencies. The bill also contains A report released by the General Ac- try to rebuild their lives. Although Co- provisions that would raise the cost of dis- countability Office on March 8, 2005, lombia’s 1991 Constitution granted cretionary programs for famine and recon- found that from February 3, 2004, Afro-Colombians territorial rights to struction assistance, debt relief, public di- through June 30, 2004, a total of 44 fire- the land they historically held, these plomacy, personnel, and other programs over arm purchase attempts were made by rights are now being increasingly vio- the 2007–2010 period. CBO estimates that individuals designated as known or sus- lated, as this land is taken from them. those provisions and the indefinite authorizations for 2007 would require appropria- pected terrorists by the Federal Gov- With little or no economic and edu- tions of $34 billion over those four years. ernment. In 35 cases, the transactions cational opportunities available, many CBO estimates that implementing the bill were authorized to proceed because Afro-Colombian youths have turned to would cost about $59 billion over the 2006– Federal authorities were unable to find coca cultivation or joined guerrilla 2010 period, assuming the appropriation of any disqualifying information. forces. the necessary amounts.

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CBO estimates that S. 600 would raise di- Taxation estimates that the bill would lower ESTIMATED COST TO THE FEDERAL GOVERNMENT rect spending by $33 million in 2006 and by revenues by less than $500,000 a year by ex- The estimated budgetary impact of S. 600 $87 million over the 2006–2015 period. S. 600 empting employees of the U.S. Mission to is shown in Table 1. The costs of this legisla- also would increase governmental receipts the United Nations in New York City from paying taxes on their housing allowance. tion fall within budget functions 150 (inter- (i.e., revenues) by an insignificant amount S. 600 contains no intergovernmental or national affairs), 300 (natural resources and each year by creating new criminal penalties private-sector mandates as defined in the environment), 600 (income security), 750 (ad- related to law enforcement and protective Unfunded Mandates Reform Act (UMRA) and ministration of justice), and 800 (general gov- functions of State Department special agents would not affect the budgets of state, local, ernment). and guards. Finally, the Joint Committee on or tribal governments. TABLE 1.—BUDGETARY IMPACT OF S. 600, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007 (By fiscal year, in millions of dollars)

2005 2006 2007 2008 2009 2010

SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for State Department, International Assistance Programs, and Related Agencies: Estimated Authorization Level 12 ...... 27,264 2,564 2,604 2,655 0 0 Estimated Outlays ...... 26,805 14,288 7,906 5,492 3,389 1,416 Proposed Changes: Estimated Authorization Level 3 ...... 0 29,872 30,748 1,035 1,133 1,226 Estimated Outlays ...... 0 14,690 22,904 11,664 5,994 3,666 Spending Under S. 2144 for State Department, International Assistance Programs, and Related Agencies: Estimated Authorization Level 23 ...... 27,264 32,436 33,352 3,690 1,133 1,226 Estimated Outlays ...... 26,805 28,978 30,810 17,156 9,383 5,082 CHANGES IN DIRECT SPENDING AND REVENUES 4 Estimated Budget Authority ...... 0 81 21 21 21 21 Estimated Outlays ...... 0 33 14 11 11 11 1 The 2005 level is the amount appropriated for that year. 2 The estimated authorization levels over the 2006–2008 period are for international HIV/AIDS programs authorized by Public Law 108–25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 for the Global HIV/ AIDS Initiative and Child Survival and Disease and other programs. That act authorized the appropriation of $15 billion for the 2004–2008 period for HIV/AIDS programs, including programs administered by the Department of Health and Human Services. 3 These amounts do not include costs for section 213 of the bill because CBO cannot estimate the timing or amounts that may be necessary to implement those provisions. 4 In addition to the effects shown for direct spending, CBO estimates that provisions that would increase or decrease revenues would have a net effect of less than $500,000 each year over the 2006–2015 period.

BASIS OF ESTIMATE the 2006 amount, nearly $0.6 billion would be Board of Governors (BBG), the Peace Corps, The bill would authorize appropriations for for HIV/AIDS programs that are currently and the Millennium Challenge Corporation. the Department of State and international authorized in existing law. The bill would The authorization levels for 2006 are equal to broadcasting activities for fiscal years 2006 authorize new programs that would affect the President’s request for international af- and 2007. It would be the first comprehensive costs for stabilization and reconstruction ac- fairs spending. foreign assistance authorization act since tivities and assistance, safe water, debt relief, public diplomacy, personnel, and other As shown in Table 2, S. 600 would authorize the mid-1980s—authorizing funding for most the appropriation of $10.3 billion for inter- existing assistance programs and also sev- programs. CBO estimates that implementing those provisions would require additional ap- national development and humanitarian as- eral new ones. The bill also would raise di- sistance programs—not counting HIV/AIDS rect spending by $33 million in 2006 and by propriations of $0.7 billion in 2006 and $4.4 billion over the 2007–2010 period. For this es- programs, $8.3 billion for international secu- $87 million over the 2006–2015 period. Finally, rity assistance programs, $9.2 billion for the S. 600 would affect governmental receipts timate, CBO assumes that the authorized amounts will be appropriated near the start State Department for programs related to (revenues), but CBO estimates that the net the administration of foreign affairs, inter- effect would be less than $500,000 a year. of each fiscal year and that outlays will follow historical spending patterns for the ex- national organizations, and other associated Spending Subject to Appropriation isting and similar programs. programs, $1.2 billion for international S. 600 would authorize appropriations at Specified Authorizations. The authorizations broadcasting and exchange activities, and the specified level of $29.8 billion in 2006 and of appropriations in this bill cover the oper- $0.1 billion for international commissions. for such sums as may be necessary for 2007 ating expenses and programs of the Depart- Except where otherwise discussed, CBO esti- for the State Department, international as- ment of State, the U.S. Agency for Inter- mated authorizations for 2007 at the amount sistance programs, and related agencies. Of national Development, the Broadcasting specified in 2006 adjusted for inflation. TABLE 2.—ESTIMATED AUTHORIZATIONS IN S. 600, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007

By fiscal year, in millions of dollars— 2006 2007 2008 2009 2010

Estimated Authorizations for Existing Programs 1 International Development and Humanitarian Assistance: Estimated Authorization Level2 ...... 10,344 10,518 0 0 0 Estimated Outlays ...... 2,930 6,780 5,673 2,750 1,257 International Security Assistance: Estimated Authorization Level ...... 8,348 8,491 0 0 0 Estimated Outlays ...... 4,890 6,742 2,606 1,251 657 Conduct of Foreign Affairs: Estimated Authorization Level ...... 9,237 9,436 0 0 0 Estimated Outlays ...... 5,904 7,820 2,356 1,051 737 Foreign Information and Exchange Activities: Estimated Authorization Level ...... 1,185 1,209 0 0 0 Estimated Outlays ...... 810 1,129 357 67 23 Other Programs: Estimated Authorization Level ...... 72 73 0 0 0 Estimated Outlays ...... 59 67 12 6 1 Total Authorizations for Existing Programs: Estimated Authorization Level ...... 29,186 29,727 0 0 0 Estimated Outlays ...... 14,593 22,538 11,004 5,125 2,675 Estimated Authorizations for New or Expanded Programs Reconstruction & Stabilization Civilian Management Act of 2005: Estimated Authorization Level ...... 124 127 128 131 134 Estimated Outlays ...... 57 111 124 128 131 Famine and Reconstruction Assistance: Estimated Authorization Level ...... 500 508 517 527 536 Estimated Outlays ...... 25 180 328 409 466 Safe Water: Estimated Authorization Level ...... 50 135 305 390 470 Estimated Outlays ...... 4 31 91 195 292 Debt Relief for the Poorest: Estimated Authorization Level ...... 0 155 75 75 75 Estimated Outlays ...... 0 15 84 92 83 Office Building for American Institute in Taiwan: Estimated Authorization Level ...... 0 78 0 0 0 Estimated Outlays ...... 0 12 23 35 8 Personnel Benefits and Other Programs: Estimated Authorization Level ...... 4 10 10 10 11

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By fiscal year, in millions of dollars— 2006 2007 2008 2009 2010

Estimated Outlays ...... 3 9 10 10 11 Indefinite Authorizations for Currency Fluctuations: Estimated Authorization Level ...... 8 8 0 0 0 Estimated Outlays ...... 8 8 0 0 0 Total Estimated Authorizations: Estimated Authorization Level ...... 686 1,021 1,035 1,133 1,226 Estimated Outlays ...... 97 366 660 869 991 Total Authorizations: Estimated Authorization Level ...... 29,872 30,748 1,035 1,133 1,226 Estimated Outlays ...... 14,690 22,904 11,664 5,994 3,666 1 The estimated authorization for 2007 is the 2006 authorization level adjusted for inflation. 2 The estimated authorization for 2006 does not include $1,970 million for the Global HIV/AIDS Initiative and $594 million for HIV/AIDS programs in Child Survival and Disease and other programs that are authorized by Public Law 108– 25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.

Reconstruction and Stabilization Civilian Man- aggregate spending pattern similar to the guarantees of up to 75 percent of the total agement Act of 2005 Economic Support Fund. amount of the loan. Title VII of the bill would authorize the Famine and Reconstruction Assistance It is unclear whether the pilot program President to provide assistance to stabilize Section 2205 would expand the purposes for would be entirely new or would be an aug- and rebuild a country or region that is in, or which appropriations for international dis- mentation of the existing credit programs of emerging from, conflict or civil strife. The aster assistance may be provided to include the U.S. Agency for International Develop- bill would authorize assistance to respond to programs of famine relief and reconstruction ment and Overseas Private Investment Cor- international crises through a new emer- following manmade or natural disasters poration. It is also unclear whether this new gency fund and it would establish an Office abroad. The bill would authorize the appro- program would create federal or nonfederal of Reconstruction and Stabilization within priation of $656 million in 2006 for inter- entities (legal mechanisms) or whether cred- the Department of State to provide civilian national disaster and famine assistance, but it reform treatment would apply. However, it management of stabilization and reconstruc- not reconstruction. Reconstruction following is clear that the bill would intend that re- tion efforts. The bill would authorize the ap- manmade or natural disasters can be very sources devoted to providing safe water be propriation of $24 million in 2006 and such expensive and has often been funded by sup- increased. For the purpose of the estimate, sums as may be necessary in 2007 for per- plemental appropriations. CBO assumes the bill would double the as- sonnel, education and training, equipment, This year the President is requesting sup- sistance for safe water provided to Sub-Saha- and travel costs. It would authorize an ini- plemental appropriations of $0.7 billion for ran Africa in 2004, or an increase in 2006 of tial appropriation of $100 million for the tsunami relief and reconstruction and nearly $50 million over the amounts otherwise au- emergency fund plus a permanent, indefinite $2.0 billion for Afghanistan. Those amounts thorized in the bill, and that amount would authorization of such sums as may be nec- are in addition to $100 million enacted for increase over the next five years to $470 mil- essary to replenish funds expended. In addi- Central America and the Caribbean to re- lion, or the amount spent in 2004 for water tion, it would authorize the President to cover after disastrous hurricanes last fall. programs including those in Iraq. Because waive the percentage and aggregate dollar While it is impossible to estimate future the cost recovery of water investments limitations in current law regarding various funding levels on an annual basis, CBO esti- projects would be in local currencies, CBO authorities to draw down or to transfer re- mates that meeting the expanded purposes assumes that investments relying on hard- sources to respond to such crises. could require appropriations of several hun- currency credits would remain unattractive Office of Reconstruction and Stabilization. dred million dollars to one billion dollars and would be little used. Section 706 would authorize a new office above the level specified by the bill for coun- Debt Relief for the Poorest within the Department of State with respon- tries emerging from natural disasters, con- Section 2114 would authorize the appro- sibility to monitor and assess international flict, or civil strife. For this estimate, based priation of $100 million in 2006 for the cost, crises, to prepare contingency plans for var- on historical funding for similar activities, as defined by the Federal Credit Reform Act, ious types of crises, to identify and train per- CBO assumes the costs for implementing this of restructuring bilateral debts, for debt re- sonnel with necessary skills for stabilization section would total about $500 million each lief under the Tropical Forest Conservation and reconstruction operations, and to coordi- year over the 2006–2010 period, assuming the Initiative, and for a contribution to the nate the U.S. efforts should the President de- appropriation of the necessary funds. Spend- Heavily Indebted Poor Countries Trust Fund cide to respond to any crisis. The Office of ing of such funding would likely occur over administered by the World Bank. In addi- Reconstruction and Stabilization was cre- a period of years so that annual outlays tion, section 2221 would authorize the Presi- ated in August 2004. would start well below that level, and grow dent to reduce the U.S. bilateral debt of low- The bill also would authorize the establish- gradually. income countries as part of multilateral ment of a response readiness corps with up Safe Water debt-relief agreements, commonly referred to 250 members to staff the office and for de- Title XXVI would authorize the President to as the Paris Club, limited to such extent ployment on short notice, plus a readiness to furnish assistance to improve the safety or in such amounts as may be provided in ad- reserve from current federal employees and of water supplies in developing countries, to vance in an appropriation act. That author- up to 500 nonfederal personnel to support op- expand access to safe water and sanitation, ization is the same as the authorization con- erations if needed. The costs of activating and to promote sound water management. In tained in general provisions of annual appro- the corps would be paid from the emergency addition to grant assistance to local govern- priation acts for nearly a decade. fund. Based on information from the State ments and nongovernmental organizations, The U.S. government has forgiven the bi- Department, CBO estimates that annual it would authorize the President to create a lateral debt that it once held for most of the costs associated with the office and the re- pilot program with the authority to issue in- world’s poorest countries; however, it still sponse readiness corps would be $24 million, vestment insurance, investment guarantees, holds the debt of some of the world’s poorest adjusted annually for inflation. and loan guarantees; to provide direct in- countries such as the Democratic Republic of Emergency Fund. Section 705 would author- vestment or investment encouragement; and the Congo, Afghanistan, Sudan, Somalia, and ize $100 million for an emergency stabiliza- to carry out special projects and programs Liberia. Congo has been offered multilateral tion and reconstruction fund. Considering for eligible investors to assist in the develop- debt relief by the Paris Club. At some point the number of regions in the world in con- ment of safe drinking water and sanitation after 2006, the other poor countries may flict or recovering from conflict and that ap- infrastructure. It would authorize the appro- meet the minimum requirements for multi- propriations for the reconstruction of Iraq priation of such sums as may be necessary lateral debt relief as stipulated by the bill. and Afghanistan have totaled nearly $24 bil- over the 2006–2011 period to carry out the We cannot project the exact timing of such lion over the 2003–2005 period, reconstruction title. action, but given the experience of other could require much larger funding levels The bill would, to the extent provided for countries emerging from internal conflict, than the amount authorized. CBO estimates in advance in appropriation acts, authorize we estimate that it would take at least two that the emergency fund would be used for the President to create such legal mecha- to three years after a reconstituted civilian an initial response to an international crisis nisms as may be necessary for implementing government is established in those countries and not for major reconstruction efforts the authorities under the pilot program and before any multilateral debt agreement which are discussed below. For this estimate, to deem such legal mechanisms to be non- would be negotiated. While the bill does not CBO assumes that the fund would be replen- federal borrowers for purposes of the Federal specifically authorize the appropriation of ished—through discretionary appropria- Credit Reform Act. It would, notwith- any funds, CBO estimates that the present tions—on an annual basis at the $100 million standing any other provision of law, author- value of all debt of low-income countries level, adjusted for inflation, and that it ize the President to provide assistance under held by the U.S. government to be between would be used for a mix of activities with an the pilot program in the form of partial loan $550 million and $600 million. CBO estimates

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3136 CONGRESSIONAL RECORD — SENATE April 4, 2005 that forgiving bilateral loans to Congo would Housing for Employees. Section 318 would Title XXIII would authorize assistance to cost about $235 million in 2007, an increase of allow the department to provide housing to reduce the threat to diplomatic missions $155 million over the amount authorized for 10 more employees of the U.S. Mission to the abroad from an attack using radioactive ma- 2006. CBO estimates that forgiving the bilat- United Nations in New York City. Based on terials. In particular, it would authorize as- eral loans to other poor countries would cost information from the State Department, sistance to foreign countries to develop ap- about $75 million a year over the 2008–2010 CBO estimates the additional housing would propriate response plans and to train foreign period, assuming appropriation of the nec- cost between $500,000 and $1 million a year, personnel who would be the first to respond essary amounts. assuming the availability of appropriated to such an attack. The bill would earmark $2 Office Building for American Institute in Tai- funds. million from the amount authorized else- wan (AIT) Indefinite Authorizations for Currency Fluctua- where in the bill for Nonproliferation, Anti- tions Terrorism, Demining and Related (NADR) Section 211 would amend current law to programs to fund these activities. authorize such sums as may be necessary for Section 102(c) would authorize the appro- the construction of a new office building for priation of such sums as may be necessary in Title XXIV would authorize a program of the AIT in Taipei, Taiwan. Public Law 106– 2006 and 2007 to compensate for adverse fluc- global pathogen surveillance to assist in the 212 authorized the appropriation of $75 mil- tuations in exchange rates that might affect monitoring and response to bioterrorism and lion for the facility without fiscal year limi- contributions to international organizations. outbreaks of infectious disease. The bill tation. According to the Department of Any funds appropriated for this purpose would earmark $35 million from the amount State, the projected cost of the building is would be obligated and expended subject to authorized for NADR to fund these activi- now $153 million, and roughly $20 million has certification by the Office of Management ties. been spent on site acquisition and design. and Budget. CBO estimates that the dollar Title XXVIII would authorize a program CBO estimates a net increase in authoriza- will decline rougly 2 percent in 2006 and that for safeguarding and eliminating man-port- the Department of State would require an tion of $78 million and assumes that con- able air-defense systems and other conven- additional $8 million that year to fully pay struction would begin in 2007 and end in 2010. tional arms. It would earmark $20 million assessed contributions to international orga- from amounts otherwise authorized in the Personnel Benefits nizations. Currency fluctuations over the bill. S. 600 contains several provisions that longer term are extremely difficult to would provide benefits to State Department project, and they could result in spending ei- Section 2224 would authorize the Secretary personnel that would increase costs by up to ther higher or lower than the amounts spe- to designate a nonprofit organization as the $10 million each year, assuming the appro- cifically authorized in the bill for contribu- Middle East Foundation and to fund the or- priation of the necessary funds. tions to international organizations and pro- ganization through grants. While the provi- Hardship and Danger Pay Allowances. Sec- grams. Therefore, this estimate assumes no sion is silent on the level of funding, the tion 303 would increase the cap on hardship additional currency fluctuations in 2007. President is requesting $25 million for the allowances and danger pay allowances from Miscellaneous Provisions foundation. 25 percent to 35 percent of basic pay for em- S. 600 would authorize several new or ex- Section 2211 would authorize appropria- ployees serving overseas. Based on informa- panded programs. In general, the bill would tions for educating children in Afghanistan tion from the Department of State, CBO esti- fund these programs through earmarks of about the dangers of land mines. mates implementing this section would cost funds otherwise authorized or the provisions The bill includes numerous provisions that about $6 million a year, assuming the appro- would have an insignificant impact on spend- would expand or introduce new reporting re- priation of the necessary funds. ing subject to appropriation, CBO estimates. quirements and other provisions that would Educational Expenses of Dependent Children. Section 213 would create a Victims of eliminate or consolidate existing reporting Section 301 would authorize payments for Crime Office within the Department of State requirements. certain educational expenses of dependent and authorize the department to provide Direct Spending and Revenues children of Foreign Service employees posted services and financial assistance from its overseas. Section 506 would allow the BBG to emergency fund to U.S. nationals who be- CBO estimates that S. 600 would raise di- pay for the educational expenses of certain come crime victims overseas. CBO cannot es- rect spending by $33 million in 2006 and by dependents of employees in the Common- timate the budgetary impact of this provi- $87 million over the 2006–2015 period (see wealth of the Northern Mariana Islands. sion given the uncertainties associated with Table 3). The bill also contains provisions Based on information from the Department estimating how many individuals may be that would increase and decrease govern- of State and the BBG, CBO estimates imple- victimized and whether victims of terrorist mental receipts (revenues), but CBO esti- menting these provisions would cost about $3 acts would also be covered under this provi- mates that the net effect of these provisions million annually. sion. would be less than $500,000 a year. TABLE 3. ESTIMATED DIRECT SPENDING AND REVENUES IN THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007 [By fiscal year, in millions of dollars]

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Changes in Outlays ...... 0 33 14 11 11 11 3 1 1 1 1 Changes in Revenues ...... 0 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) Note: (*) = less than $500,000.

Buying Power Maintenance Account According to the Treasury Combined department, CBO estimates that it would The State Department may maintain an Statement on Receipts, Outlays, and Bal- collect and spend between $500,000 and $1 mil- approved level of program activity in the ances, 2004, the Department of State had $80 lion a year. face of currency fluctuations through a Buy- million in unobligated, unavailable balances Other Provisions ing Power Maintenance Account. Under cur- in various accounts in the Administration of CBO estimates that several provisions in rent law, the Secretary of State may trans- Foreign Affairs bureau at the start of 2005. the bill would affect direct spending and rev- fer any current funds in excess of needs that Under the bill, such balances could be trans- enues by less than $500,000 annually. result from an increase in the purchasing ferred into the Buying Power Maintenance Section 318 would exempt, for federal in- power of the dollar from accounts under account upon enactment and made available come tax purposes, housing allowances paid ‘‘Administration of Foreign Affairs’’ to the to meet adverse exchange rate fluctuations. to employees of the U.S. Mission to the Buying Power Maintenance Account. The In addition, CBO estimates approximately 0.5 United Nations in New York City. The Joint funds in the account are available for trans- percent of obligated balances, or about $20 Committee on Taxation estimates that the fer back to those accounts only to offset fu- million, would be deobligated each year and provision would reduce tax receipts by less ture adverse fluctuations in exchange rates reappropriated under the bill. Because we es- than $500,000 each year, assuming it would be or overseas wage or price levels. The Sec- timate the dollar will decline in value over effective for allowances paid on or after Oc- retary may also transfer unavailable bal- the next year, we estimate that about half of tober 1, 2005. ances into the Buying Power Maintenance the funds would be transferred out of the Sections 201 and 203 would raise govern- Account, but only to the extent and in such Buying Power Maintenance Account and mental receipts (revenues) by establishing amounts as specifically provided in advance spent. In total, we estimate direct spending new criminal penalties that would be as- in appropriation acts. No appropriation act of about $80 million over the 2006–2015 period. sessed against persons interfering with the has ever provided that authority. Section 207 law enforcement and protective functions of of the bill would strike the requirement for Medical Reimbursements State Department special agents and guards. appropriation action, thus allowing the Sec- Section 206 would provide the State De- CBO estimates that the increase in revenues retary to transfer lapsed funds into the Buy- partment greater flexibility in retaining re- would not be significant in any year. Collec- ing Power Maintenance Account and making imbursements for funding medical care pro- tions of criminal fines are deposited in the them available to offset future adverse cur- vided to employees and eligible family mem- Crime Victims Fund and are later spent. rency fluctuations. bers overseas. Based on information from the CBO estimates that the criminal penalties

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3137 that would be established under the bill [In millions of dollars] How can we pass a budget that ig- would increase direct spending from the nores the cost of the Iraq War after Com- Crime Victims Fund by less than $500,000 per FY 2005 FY 2006 September 30? How can we pass a budg- estimate request mittee year. mark et that includes more tax cuts for the Section 205 would allow the State Depart- ment’s International Litigation Fund to re- Transition Initiatives ...... 49 325 325 few, but doesn’t budget for the reform Development Credit Authority (DCA) .... 8 8 8 of the alternative minimum tax or the tain awards of costs and attorneys’ fees as a USAID Operating Expenses (OE) ...... 613 681 681 result of a decision by an international tri- USAID Capital Investment Fund ...... 59 78 78 President’s own Social Security pro- bunal. Based on information from the de- USAID Inspector General Operating Ex- posal? penses (IG) ...... 35 36 36 partment, CBO estimates that the Depart- Economic Support Fund (ESF) ...... 2,481 3,036 3,036 How can we pass a budget that forces ment of State would collect and spend less Assistance for Eastern Europe and the us to ‘‘pay for’’ any increases in pro- than $500,000 a year. Baltic States (SEED) ...... 393 382 382 grams for our neediest citizens but Section 214 would authorize the Secretary Assistance for the Independent States of the Former Soviet Union (FSA) .... 556 482 482 doesn’t require us to ‘‘pay for’’ tax cuts to provide museum visitor and educational Peace Corps ...... 317 345 345 for the well-to-do? If we are to rein- outreach services and to sell, trade, or trans- Inter-American Foundation ...... 18 18 18 fer documents and articles that are displayed African Development Foundation ...... 19 19 19 state the pay-as-you-go rule, then it Millenium Challenge Corporation ...... 1,488 3,000 3,000 at the United States Diplomacy Center. Any International Narcotics Control and should, as it always has, include paying proceeds generated from these services or Law Enforcement (INCLE) ...... 326 524 524 for both new spending and new tax sales would be retained and spent by the cen- Andean Counterdrug Initiative (ACI) .... 725 735 735 cuts. Nonproliferation, Anti-Terrorism, ter, and CBO estimates that this provision Demining (NADR) ...... 399 440 440 Speaking of tax cuts, I have grown would have an insignificant net effect on di- Treasury Technical Assistance ...... 19 20 20 very tired of the economic doublespeak rect spending. Debt Relief ...... 99 100 100 International Military Education & now in fashion. If tax cuts were the Several sections in title III of the bill Training (IMET) ...... 89 87 policy of choice when we had large sur- would amend retirement benefits for State Foreign Military Financing (FMF) ...... 4,745 4,589 4,589 Department personnel by slightly broad- Peacekeeping Operations (PKO) ...... 178 196 196 pluses, and they are still the policy of International Organizations & Pro- choice when we now have large deficits, ening the authority of the department to grams (IO&P) ...... 326 282 282 temporarily rehire Foreign Service retirees when if ever are tax cuts not the appro- without terminating their pension benefits; Total ...... 16,413 18,394 18,394 priate policy? Perhaps the families in changing personnel review and termination 1 The administration requested $3.16 billion for international HIV/AIDS, tu- Vermont who used up their heating as- procedures for each Foreign Service class; berculosis, and malaria programs in FY2006, a 9 percent increase over the sistance funds before winter was over, estimated amount to be provided in FY2005. The request included $2.564 establishing a 60-day deadline for the Office billion to be appropriated through the Foreign Operations appropriations and or the veteran on a waiting list for a of Personnel Management to issue regula- $596 million through appropriations for the Departments of Labor and medical procedure at a VA hospital, tions in accordance with a previously en- Health and Human Services. would prefer an increase in government acted change in pension benefits for certain This bill authorizes part of this request through the Child Survival and Health (CSH) account which includes the President’s request of $439 million spending to a tax cut. spouses of Foreign Service workers; and al- for HIV/AIDS, tuberculosis, and malaria programs. The authorized amount for lowing employees of Office of Coordination the CSH account also includes $100 million for the Global Fund to Fight Priorities, it is all about priorities. AIDS, Tuberculosis, and Malaria. (The President requested $300 million to be We are 2 years into a war. American for Reconstruction and Stabilization to con- appropriated for contributions to the Global Fund; the other $200 million is tinue collecting full retirement annuities divided between the Global HIV/AIDS Initiative ($100 million) and NIH/HHS service men and women continue to provided by the Foreign Service retirement ($100 million). The GHAI account, for which the President requested $1.87 come home with horrific wounds, both billion, is not authorized in this bill because it is already authorized in the physical and mental. While the Depart- system. Under current law, Foreign Service United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of retirement benefits are temporarily sus- 2003 (P.L. 108–25). ment of Defense is keeping wounded pended during any period of reemployment f soldiers in its medical system for by the federal government. CBO estimates longer periods of time and is shoul- that enacting the provisions would increase THE BUDGET dering a greater share of the costs, the direct spending by less than $500,000 annually long-term costs of health care and re- over the 2005–2015 period. Mr. JEFFORDS. Mr. President, a Section 2207 would authorize the President Federal budget is about setting prior- habilitation still fall heaviest on the to waive the requirement that a foreign gov- ities, and the priorities contained in Veterans Administration. ernment pay to the United States the net this budget are all wrong. This budget responds by under- proceeds from the sale of any military equip- About a year ago, Tom Friedman of funding the VA by almost $16 billion ment it has received from the United States over the next 5 years. How can we do on a grant basis. CBO estimates the forgone the New York Times, described the President’s budget as ‘‘faith-based.’’ this in the midst of a war? How can the offsetting receipts would not be significant. President in good conscience insist on Faith-based tax cuts were going to gen- INTERGOVERNMENTAL AND PRIVATE-SECTOR maintaining large numbers of troops in erate faith-based revenues, and we were IMPACT Iraq, and yet refuse to provide for the all going to be better off. Well, the def- S. 600 contains no intergovernmental or health care needs of veterans? This is icit is skyrocketing, interest rates are private-sector mandates as defined in UMRA unacceptable. and would not affect the budgets of state, going up, and additional revenues This budget drastically cuts the local, or tribal governments. haven’t magically appeared. Community Development Block Grant, Estimate Prepared By: If the budget before us were to pass CDBG, program and other programs Federal Costs—State Department: Sunita unchanged, the deficit would increase that our communities rely on. These D’Monte; Foreign Aid: Joseph C. Whitehill; each and every year for the foreseeable programs now benefit so many Foreign Service Retirement: Geoffrey future. Vermonters understand that Gerhardt; Law Enforcement: Mark Vermonters who struggle to make ends this is a burden we don’t want to pass meet. This budget would consolidate 18 Grabowicz; Revenue Effects: Annabelle on to our grandchildren. We have fallen Bartsch. programs, including the CDBG, and Impact on State, Local, and Tribal Govern- into a borrowing pattern that makes slashes their funding by 34 percent. In ments: Melissa Merrell. this Yankee cringe. Vermont, this budget would most Impact on the Private Sector: Paige Piper/ But let me emphasize that the defi- harshly affect middle and low-income Bach. cits that we are now facing are pri- citizens by making safe and affordable Estimate Approved By: marily caused by a drop in revenues, housing unattainable, ending quality Peter H. Fontaine, Deputy Assistant Direc- not by wasteful spending on such childcare programs, and compromising tor for Budget Analysis. things as education, veterans’ benefits, nutrition assistance. Funding for these DIVISION B—FOREIGN ASSISTANCE and Amtrak. We could eliminate all of important economic development pro- AUTHORIZATION ACT, FISCAL YEAR 2006 the Federal Government’s discre- grams must be restored. (A) SUMMARY OF FUNDS tionary spending outside of defense and I am very concerned that agriculture, [In millions of dollars] we would still have a deficit. conservation, and food assistance pro- On the mandatory side of the budget, grams are faced with drastic cuts in FY 2005 FY 2006 Com- estimate request mittee I agree that we need to get a handle on funding. The Milk Income Loss Con- mark increases in Medicaid spending and the tract Program, MILC, which the Presi- Child Survival & Health Programs pressures on Social Security due to the dent saw fit to include in his proposed Fund (CSH) ...... 1,538 1,252 1,252 Global Fund to Fight AIDS, Tuber- aging baby boom generation. But this budget, has been left out of this budget culosis, and Malaria 1 ...... (248) (100) (100) budget fails to confront these chal- resolution. The MILC Program is nec- Development Assistance (DA) ...... 1,448 1,103 1,103 International Disaster and Famine As- lenges and in the case of Social Secu- essary to help family farmers through sistance ...... 485 656 656 rity pretends there is no problem. tough times when milk prices are low.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3138 CONGRESSIONAL RECORD — SENATE April 4, 2005 This budget would also seriously we can meet the promise of IDEA by Warren Scott Adams, US Coast Guard, compromise conservation programs increasing funding by $1 billion each Elizabeth City, North Carolina. that are used to restore our land and year. In this budget, IDEA funding is Lt Cmdr Joseph Edward Deer III, US Coast clean our water. Perhaps most unset- increased by only half of that amount. Guard, Camden, North Carolina. Jeffrey D. Kotson, US Coast Guard, Eliza- tling will be the cuts to food assistance This budget tells our children, their beth City, North Carolina. and nutrition programs, including food parents, and our local taxpayers that Peter O’Neill, Deputy Fire Chief, Grand stamps. In Vermont, 30 percent of chil- they are not a priority, and that we Forks, North Dakota. dren live in low-income households will not keep our word. William Bloom, Volunteer Ski Patrol (Re- that depend on food stamps for their There is no question we are living tired), Sprague River, Oregon. basic needs and the medical safety net through difficult budgetary times and Randy Benham, Park Ranger, Grants Pass, for their healthcare. savings must be sought at every oppor- Oregon. Vermont, together with States tunity. But we must not delude the Jim Allday, EMS, Austin, Texas. American people into thinking that we Thomas Stephan Lott, Jr., Firefighter, throughout the Nation, is facing a seri- Round Rock, Texas. ous budget shortfall in providing the can cut taxes, fight wars overseas, im- Trevor Joseph Stokes, Firefighter, George- most basic level of healthcare to our prove education, take care of our envi- town, Texas. most vulnerable citizens. Instead of ronment, and repair the Nation’s trans- Tim Wallace, Firefighter, Round Rock, facing that fact and providing tem- portation and water infrastructure all Texas. porary fiscal assistance to the States, at the same time. Philip Joseph Ornot, Jr., US Coast Guard, the President called for billions of dol- I could not support the budget reso- Virginia Beach, Virginia. lars in cuts in the Medicaid program, lution because it did not adequately f fund important domestic programs and which the Senate fortunately rejected. ADDITIONAL STATEMENTS I am most disappointed that the Sen- promote tax cuts to the detriment of ate did not vote to provide additional other priorities. At the same time, it funding for the Nation’s water infra- did little to put our Nation’s fiscal RETIREMENT OF CAROL structure. Spending on environmental house in order. DIBATTISTE programs from the national parks to f ∑ programs that keep our water, land, Mr. DOMENICI. Mr. President, I TRIBUTE TO AMERICA’S HEROES and air clean will have to be reduced if would like to extend my best wishes to OF THE STORM this budget is enacted. Carol DiBattiste, whose last day as Priorities, it is all about priorities. Mr. ISAKSON. Mr. President, deputy administrator of the Transpor- Even though education amendments throughout the week of April 10, 2005, tation Security Administration was passed, which I supported, that added The Weather Channel, based in At- April 8, 2005. Carol DiBattiste is truly a money back to the Senate budget pro- lanta, GA, will air a special series, en- living textbook version of a ‘‘public posal, that is still insufficient to ade- titled Heroes of the Storm, honoring servant.’’ Her record is one of service quately fund important Federal edu- the Americans who performed the most to country, of a strong leader who cation initiatives. I remain concerned exciting rescues depicted in the net- gives unstintingly of herself to make that the budget resolution will elimi- work’s acclaimed series Storm Stories. sure that America’s defenses against nate funding for several key education Featured in the tribute will be 28 he- terrorism are as strong as possible. I programs, such as the $1.3 billion Per- roes from 15 States and the District of know that Carol’s dedication to this kins Career and Technical Education Columbia. These heroes, like all who mission and strong leadership will be Act. This is especially depressing since risk their lives for others, deserve our sorely missed by her colleagues at TSA just last week the Senate, on a vote of Nation’s admiration, recognition and and the Department of Homeland Secu- 99–0, passed the Perkins bill. Then just thanks. I ask unamious consent that rity. a few days later, no funding is provided the following list of heroes be printed Ms. DiBattiste arrived at TSA in in the budget to carry out the program in the RECORD. March of 2003 after more than 33 years that was just passed. There being no objection, the mate- of public service and two years at a pri- In addition, the budget proposal does rial was ordered to be printed in the vate law firm. As the new Chief of Staff not provide the meaningful increases RECORD, as follows: at TSA, she brought with her a sense of necessary to carry out the 4-year-old Mary Teresa Bagshaw, Nurse, Crawford, urgency that fit well in an agency com- No Child Left Behind Act and the up- Colorado. mitted to the security of the Nation’s dated IDEA law that was enacted last Richard Lee Fowler, Pilot, Longmont, Col- transportation system. Ms. DiBattiste December. orado. immediately put her unique experience President Bush often mentions that Dawud Amin, Firefighter, New Haven, Con- and skills to work as a member of the necticut. TSA leadership team as it rushed to education is a priority. He and I obvi- Capt. Howard McCann, Firefighter, Madi- ously define priority differently. To son, Connecticut. meet its mission. me, priority means you pay for the Brian Wetzler, US Coast Guard Pilot, Hard work has characterized Ms. promises you make. I do not believe Washington, District of Columbia DiBattiste’s public career. She enlisted priority means you sign laws requiring Bradley Paul Brown, Paramedic (Retired), in the Air Force in 1971, earned her more accountability to improve stu- Mt. Dora, Florida. B.A. degree magna cum laude in soci- dent performance, and then, in the Alan Auricchio, US Coast Guard, ology/criminal justice from LaSalle Penbroke, Maine. University in 1976, her J.D. degree from next breath, send up a budget that Bart Cohey, Firefighter, Cordova, Mary- doesn’t provide the dollars needed to land. Temple University School of Law in carry out the purposes of those laws. Melvin Lee Johnson, US Naval Reserves, 1981, and her Master of Laws degree I have spent a substantial part of my Baltimore, Maryland. from Columbia University School of career calling for the full funding of Robert Sebeck, Firefighter, Abingdon, Law in 1986. special education. When the Individ- Maryland. Before retiring from the Air Force as uals with Disabilities Education Act Petersen Niles Decker, US Naval Reserves, a major in 1991, her assignments in- Grosse Pointe, Michigan. was enacted in 1975, Congress promised Orlin Anderson, Firefighter, Karlstad, Min- cluded serving as chief prosecutor for to pay 40 percent of the cost. In the nesota. the Pacific Region, faculty of the Air current fiscal year, Congress will fi- Gary Wayne Casper, Las Vegas PD, Las Force Judge Advocate General School, nance only 19 percent of the program, Vegas, Nevada. and chief recruiting attorney for the forcing States and localities to make Clint Malburg, Las Vegas PD, Las Vegas, Air Force. Going forward, Ms. up the difference. Nevada. DiBattiste’s career took her to the De- I have tried to fulfill this promise in James T. Mitchell, Las Vegas PD, North partment of Justice where she was an Las Vegas, Nevada. each of the last few years by making Richard G. Servoss, Las Vegas PD, Las Assistant United States Attorney for IDEA funding mandatory. The Presi- Vegas, Nevada. the Southern District of Florida and dent and his allies have said that man- George Marinkov, US Coast Guard, director of the Department’s Office of datory funding is not necessary, that Linwood, New Jersey. Legal Education. In 1993, Ms.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3139 DiBattiste served with the Department said of the agency’s efforts, ‘‘Without mittee have found Pete Teets to be one of the Navy, where she was principal question, America is safer since the of the most thoughtful and insightful deputy general counsel, the service’s stand-up of TSA, and TSA has done an DOD officials we have come to know. second-highest ranking lawyer. In that excellent job of protecting the home- His ability to reduce complex system role, she was responsible for resolving land. . . .’’ Then typically, she added assessments into meaningful con- several high-profile matters, including that ‘‘there is a lot more to do.’’ structs were, on more than one occa- the sexual harassment scandal dubbed Mr. President, I realize we have much sion, immensely helpful to every com- ‘‘Tailhook’’ and the U.S. Naval Acad- to accomplish here in the United mittee member. His private counsel emy cheating case. States Senate, but I felt it was impor- and immense personal interaction were In 1994, Ms. DiBattiste returned to tant that we thank this great Amer- directly responsible for solving major the Department of Justice as the direc- ican. I wish to congratulate Deputy program problems for which our coun- tor of the Executive Office for United Administrator Carol DiBattiste on a try is most grateful. States Attorneys. In that capacity, she distinguished and selfless career; and Our Nation deserves no less than the was instrumental in investigating the in closing, offer the thought that the full measure of devotion from the men Oklahoma City Bombing, Unabomber, nation would be well-served if some- and women it nominates to our highest Olympic Park Bombing and TWA 800 time in the future she once again re- positions of authority. Peter Teets ful- airliner crash. Between 1997 and 1999, joined the ranks of public servant.∑ filled every expectation the Congress she served with distinction as Deputy f and the nation placed upon him. He did United States Attorney for the South- so with a combination of grace and dig- HONORABLE PETER B. TEETS ern District of Florida. In 1999, Ms. nity, superb organizational and mana- DiBattiste accepted the nomination of ∑ Mr. SESSIONS. Mr. President I rise gerial skill, and with that rare cou- former President Clinton and served as today to honor a distinguished Amer- pling of professionalism and confidence Under Secretary of the Air Force ican and patriot the Honorable Peter that his Air Force and our Department where, among other duties, she chaired B. Teets, former Acting Secretary of of Defense would not accept anything a task force that brokered an anti-har- the Air Force and Under Secretary of short of excellence in accomplishing assment action plan for the Depart- the Air Force. every assigned mission and task. ment of Defense. Prior to joining TSA, Secretary Teets left government I truly hope this is not the last time Ms. DiBattiste was a partner at Hol- service on March 25, 2005 to join his the nation will call upon Peter Teets land & Knight LLP, where her practice family in Colorado. He did so after four and his family to serve this grateful areas involved corporate diversity years of selfless devotion to his coun- Nation. Indeed, Pete has earned the counseling, government relations, and try serving in what I would charac- right to return home and focus on the criminal and civil litigation. terize as four of the most important one thing all of us yearn to do—spend Last July, TSA Chief of Staff jobs within the Department of De- time and focus on family. His many DiBattiste became Deputy Adminis- fense—as the senior official in the De- friends in the Senate wish him and his trator DiBattiste, a move that again partment of the Air Force responsible family all the best in the days ahead. recognized her many talents and lead- for nearly 700,000 military, civilians, We bid Pete a fond farewell and heart- ership abilities. Deputy Administrator and family members with budget au- felt thanks for a magnificent job as our DiBattiste and Administrator David thority exceeding $110 billion dollars. Acting Air Force Secretary and as our Stone have spearheaded the efforts to Simultaneously, Mr. Teets also served Under Secretary of the Air Force. We make TSA a strong and mature per- as the Department of Defense Execu- are a better people and stronger Nation formance based Federal agency. But tive Agent for Space and as the Direc- today because Pete Teets gave and ac- even more importantly, Ms. DiBattiste tor of the National Reconnaissance Of- complished so much. We will indeed made it her mission at TSA to continu- fice. In this later special capacity he miss America’s ‘‘Mr. Military Space’’ ously recruit new leaders and make was responsible for the acquisition and and wish him God’s everlasting bless- sure that every TSA employee—from operation of all space-based reconnais- ings.∑ the screeners to the executive team— sance and intelligence systems. I think f understood their role in securing our you would agree Mr. President, Pete Nation. Finally, Carol made sure that Teets was an extraordinary public serv- HONORING XXXXXXX XXXXXX each of those employees understood ant possessing uncompromising stand- ∑ Mr. BAYH. Mr. President, I rise that: they were valued, their opinions ards, superior managerial skills and a today to recognize the courage and sac- mattered, and that what they were keen analytical mind wherein he was rifice of XXXXXXX X. XXXXXX, X doing was important, even vital to able to exact the most from the mili- XX-XXXX-XXX XXX XXXX XXXXX achieving TSA’s mission. For that, we tary service he represented and the XXXX, XX. XXXXXXX suffers from pe- all owe Deputy Administrator programs he supervised. His quest for diatric bipolar disorder, a devastating DiBattiste a great deal of gratitude. perfection across the board will long be but treatable brain disorder marked by It is instructive to read what some of remembered both within and outside severe fluctuations in mood, activity, her friends and colleagues at TSA have the Department. thought, and behavior. In an effort to to say about Ms. DiBattiste. From Tom Prior to joining the Department of contribute to the search for a cure, Blank, the Chief Support Systems Offi- Defense, Pete Teets worked in industry XXXXXXX volunteered to participate cer: ‘‘Many times the sky was actually for nearly four decades serving first as in a four-month long rigorous clinical falling and when it was, Carol was in a Martin Maretta flight control engi- study at the National Institutes of charge of getting it put back up there neer and ending that service as the Mental Health in Bethesda, Maryland. again—all the while with the greatest President and Chief Operating Officer, Though the exact prevalence is not sense of humor there is.’’ From The- Lockheed Martin Corporation. His re- known, the Child & Adolescent Bipolar resa Bertucci, Assistant Administrator sume is replete with ever increasing Foundation estimates that at least for Intermodal Programs: ‘‘She always positions of responsibility spanning the three quarters of a million American pushed the entire organization towards period 1963 to 2001, when he was nomi- children and teenagers currently suffer a level of excellence and commitment, nated to serve President Bush as our from bipolar disorder, many of whom and never asked more of any person Under Secretary of the Air Force and are undiagnosed. Bipolar disorder is that worked alongside her than she Director of the National Reconnais- thought to affect 1–2 percent of adults asked of herself.’’ And addressing Ms. sance Office, two demanding tasks par- worldwide. Fifty-nine percent of adults DiBattiste, Tammy M. Meckley, Dep- ticularly during this time of trans- with bipolar disorder report that their uty Assistant Administrator for Trans- formation within the Department of symptoms first appeared during or be- portation Security Policy, said: ‘‘Lead- Defense, coupled with the challenges fore adolescence. The disorder is often ership is what every employee craves, associated with emerging space re- inherited, and symptoms can emerge at thanks for keeping all of us well fed.’’ quirements and system development. any time in life. In an interview with TSA’s news- Throughout his tenure, the members Bipolar disorder has a significant im- letter, the Sentinel, Ms. DiBattiste of the Senate Armed Services Com- pact on our society. Children with the

VerDate Sep 11 2014 09:24 Jul 29, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\TEMP\S04AP5.REC S04AP5 ABONNER on DSKJLXR7X2PROD with CONG-REC-ONLINE S3140 CONGRESSIONAL RECORD — SENATE April 4, 2005 condition are at higher risk for school Fund and the Business Council of Ala- I wish these students the best of luck failure, substance abuse, and suicide. bama. Dedicated to a number of civic at the We the People national finals The terrible human and social costs organizations, he served on the Tusca- and applaud their outstanding achieve- highlight the importance of discov- loosa County Juvenile Advisory Board ment.∑ ering better treatments, and ulti- and the Alabama Juvenile Justice Co- f mately a cure, for bipolar disorder. ordinating Council. RECOGNIZING ROSEMARY FAY Few controlled studies have been done Beyond Bill David’s devotion to his on the use of psychiatric medications work and his community, he was a ∑ Mr. BAYH. Mr. President, today I in children. XXXXXXX, however, is dedicated friend to many. A good na- congratulate an extraordinary young bravely doing his part to increase our tured person with a huge heart, Bill woman, Rosemary Fay, aged 11. Rose- knowledge of this disease. XXXXXXX David often showed compassion for mary, a sixth grader at St. Thomas volunteered to leave home for several those less fortunate. His quick wit and Aquinas School in Indianapolis, was months to participate in a study that intellect fostered his passion for policy the winner for her age group of the required that he be locked in an 8-bed issues and politics. He cared very deep- USA Today National Sportsmanship unit, submit to blood tests, brain ly for his community and its people. Essay Contest. The essay contest was a scans, and other tests, go off all medi- But most of all, my thoughts and part of the 15th National Sportsman- cation, and receive lithium or placebo, prayers go out to Jane and their two ship Day, sponsored by the Institute possibly risking his own well-being in sons. Bill David was a dedicated family for International Sport, to raise aware- the process. He consented to being man and his presence will be missed by ness about fair play, sportsmanship forced into seclusion or medicated if those who knew him best. Indeed, we and ethics in athletics and society. ∑ Nearly one thousand students sub- his rages could not be controlled. All will all miss him. mitted essays addressing sportsman- the while, XXXXXXX kept up with a f ship and ethics or offering a personal home school curriculum. WE THE PEOPLE: THE CITIZEN reflection on good or poor sportsman- XXXXXXX’X decision to travel far AND THE CONSTITUTION ship. Students were asked to respond from home to participate in a difficult ∑ Mr. LEVIN. Mr. President, from to the question, ‘‘Do you dare to play clinical trial—one that potentially April 30 through May 2, 2005, more than fair?’’. A panel of judges chose the four puts himself at risk for the benefit of 1,200 students from across the United winners, including Rosemary, who was others—will contribute to our under- States will visit Washington, D.C. to the winning writer among middle standing of pediatric bipolar disorder take part in the national finals of ‘‘We school entrants. and how to treat it. His self-sacrifice the People: The Citizen and the Con- In her touching reflection on the im- will live on in the form of better treat- stitution,’’ the most extensive edu- portance of sportsmanship, Rosemary ment options for the many other chil- cational program in the country devel- gives her own definition of what it dren who, like him, must live with this oped specifically to educate young peo- means to be a good sport. She writes, condition. For that, XXXXXXX de- ple about the U.S. Constitution and ‘‘Good sports are confident, competi- ∑ serves our most sincere recognition. Bill of Rights. Administered by the tive and capable, but most of all, they f Center for Civic Education, the We the treat other people with respect and dig- TRIBUTE TO WILLIAM ‘‘BILL’’ People program is funded by the U.S. nity. Their attitudes and actions show DAVID SMITH Department of Education by act of they have a higher purpose in life than Congress. just winning today’s game. Even when ∑ Mr. SHELBY. Mr. President, today I I am proud to report that a class they lose, they act like winners.’’ In pay tribute and honor a dear friend of from East Grand Rapids High School this day of bitter disputes, when what mine who passed away recently. Bill from Grand Rapids will represent the is truly important is often over- David Smith, whom I have called a State of Michigan in this prestigious shadowed by a more immediate con- friend and relied on for half a century, national event. These outstanding stu- flict, Rosemary’s essay shows us how passed away at the age of 72. He is sur- dents, through their knowledge of the to step back, remember the bigger pic- vived by his beloved wife, Jane Bandy U.S. Constitution, won their statewide ture and be a good sport. Smith, and two sons, David and Stuart. competition and earned the chance to Rosemary also writes about the in- Bill David was passionate about all come to our Nation’s capital and com- fluence of good sports in her life, pay- things in which he was involved, loved pete at the national level. ing tribute to her teammates whose his community of Tuscaloosa, and was While in Washington, the students good sportsmanship extends beyond the very proud to be an Alabamian. will participate in a 3-day academic field. Her essay concludes that We became friends during our time at competition that simulates a congres- ‘‘Sportsmanship can make a huge dif- the University of Alabama, and I have sional hearing in which they ‘‘testify’’ ference in a person’s life. I know, be- always appreciated his counsel and before a panel of judges. Students dem- cause I am fortunate to be on a team support over the years. My wife, An- onstrate their knowledge and under- with truly great sports.’’ She credits nette, and I have shared many memo- standing of constitutional principles her teammates with inspiring her to ries with Bill David and his wife, Jane, and have opportunities to evaluate, perserve in sports. which we will cherish for years to adopt, and defend positions on relevant Hoosiers have always known the im- come. historical and contemporary issues. It portance of sports to American life. Bill David was born in Meridian, MS, is important to note that the Edu- Playing sports teach our children val- and spent most of his youth in Gads- cational Testing Service, ETS, charac- ues like leadership, self-discipline, and den, AL. A University of Alabama terizes the We the People program as a the importance of hard work. Improv- graduate, he was an honor student and ‘‘great instructional success.’’ Inde- ing access to sports and afterschool received both a bachelor’s and master’s pendent studies by ETS have revealed athletic activities is a challenge that degree in accounting. After graduation, that We the People students ‘‘signifi- we must strive to accomplish, so that he was a founding partner in the ac- cantly outperformed comparison stu- all students can benefit from the les- counting firm, Morrison and Smith dents on every topic of the tests sons outlined in Rosemary’s essay.∑ LLP. Bill David was actively involved taken.’’ f in activities surrounding the account- I congratulate East Grand Rapids ing profession and served as President students John Abraham, Ted Bosch, 40TH ANNIVERSARY OF FRIEND- of the Alabama Society of Certified Ross Brenneman, Katherine Fasse, Bill SHIP INDUSTRIES OF HARRISON- Public Accountants and Chairman of Frayer, Kyle Fuller, Joe Gallmeyer, BURG its State Legislation Committee. He Will Gallmeyer, Katherine Harger, ∑ Mr. ALLEN. Mr. President, today I was also a member of the Council of Jimmy Hogan, Christina Kim, Peter would like to recognize Friendship In- the American Institute of Certified Meyer, Lenard Robert, Sarah Stevens, dustries, of Harrisonburg, VA, for 40 Public Accountants. Tully Svekric, Alyssa Titche, Gab years of service to persons with disabil- Bill David was a member of the board Tourek, Dimitri Wohns and their ities in Harrisonburg City and Rock- of directors for the Alabama Trust teacher, Pierre A. Sirois. ingham County.

VerDate Sep 11 2014 09:24 Jul 29, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\TEMP\S04AP5.REC S04AP5 ABONNER on DSKJLXR7X2PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD — SENATE S3141 Friendship Industries has been a pio- sity of Michigan since 2000. Martin has tion, and not just in politics. These neer in the community since its incep- also served as the president of the young women and men have developed tion. The mission of the nonprofit so- United States Olympic Committee. An techniques that will serve them cial service agency is to develop and avid sailor, Bill Martin has also served throughout their lives, no matter what maintain employment and training op- as president of the United States Sail- career they decide to pursue. They portunities for persons with disabil- ing Foundation, as well as the U.S. have demonstrated exceptional oratory ities. Clients of the agency begin with Sailing Association. capabilities and the quick and incisive a program called Work Adjustment. In 1968, Bill Martin founded First thinking needed to communicate ideas This program assists trainees with dis- Martin Corporation, a diversified real and persuade others of the merits of abilities in their adjustment to a real estate construction, development and their opinions in an expeditious man- work environment occurring within a management firm. He is also the found- ner. supportive and sheltered atmosphere. er and chairman of the board of Bank I congratulate all the students on the The individual learns appropriate work of Ann Arbor. team as well as their coaches and head behaviors and skills while developing Bill Martin’s devotion to his commu- coach Marty Most. I would especially the highest productivity internally as nity ranges beyond business and ath- like to recognize John Petty, national a sheltered employee, and sometimes letics. He has served as president of the champion in the broadcast journalism gets placed into competitive or sup- Washtenaw Land Conservancy, and has division; and Lacey Rammell-O’Brien ported jobs in the community. been a board member of the Ann Arbor and Nancy Henke for their recognition Friendship Industries started with 8 Public Schools Foundation and the as two of only nine All-Americans. young men with mental retardation Washtenaw Technical Middle College. Over the years, Boise State has firmly and has since grown to provide services He has been a member of the advisory established itself as a national force for over 120 men and women with dif- board of U-M’s Center for the Edu- for forensics, and the fact that most of fering degrees of mental retardation, cation of Women and served on the the students on the team are from mental illness, and/or physical illness. Fales Committee of the U.S. Naval Idaho high schools is a fine testament The agency’s financial contribution to Academy. He is currently on the board to the strength of the secondary aca- the community has increased as well. of directors of New York 2012, working demic programs in my home state. Starting with a mere $20,000, the budg- to bring the Olympic Games to New This national title is especially note- et of Friendship Industries now ap- York City. worthy, and I am proud to honor Boise proaches $4 million. It employs 20 staff He has been awarded numerous State University’s tremendous achieve- to run the program, and contributes awards including the U.S. Olympic ment in the United States Senate over $3.6 million to the Harrisonburg Committee Award for outstanding today.∑ area through wages, contract services service to the U.S. Olympic Committee f and job training and services. and America’s athletes, the Nathanial Mr. David Flick, president of Friend- G. Herreshoff Trophy for outstanding IN RECOGNITION OF HARRY VINES ship Industries since 1976, has been in- contribution to the sport of sailing, the ∑ Mrs. LINCOLN. Mr. President, today strumental in the growth and success Bob Ufer Distinguished M Club Award, I rise to pay tribute to Arkansas Harry of the program. With his leadership, and ‘‘Ann Arbor News’ Citizen of the Vines, president of the National Wheel- the agency has expanded the access and Year for his service and contributions chair Basketball Association. breadth of the program by providing to the community. The National Wheelchair Basketball transportation to interested trainees Martin earned a bachelor of arts de- Association is the largest and oldest and by forming a network of friendly gree from Wittenberg University, a wheelchair sports organization in the area companies. I commend David for graduate degree in economics from the world. Established in Champagne, IL, his unwavering support and passion for University of Stockholm, and a MBA in 1948, the National Wheelchair Bas- helping the disabled get back to work from the University of Michigan. ketball Association has provided oppor- in the Shenandoah Valley. Bill and his wife Sally have lived in tunities for individuals with physical I congratulate Friendship Industries Ann Arbor since 1967 when they met as disabilities to learn to play and com- on 40 years of dedication to improving students. They have two grown sons, pete in the game of basketball. For the lives of persons with disabilities, more than 50 years, thousands of indi- and wish them continued success for Seth and Michael. Senator STABENOW and I are de- viduals ranging from young children to many more years.∑ lighted to have the opportunity to pay disabled war veterans have benefited f tribute to Bill Martin for all of his con- from the programs of the National TRIBUTE TO BILL MARTIN tributions to his community and con- Wheelchair Basketball Association. ∑ Mr. LEVIN. Mr. President, on behalf gratulate him on his upcoming honor Harry Vines of Sherwood, AR, has of Senator STABENOW and myself, I rise from the Jewish Federation of served as the National Wheelchair Bas- to bring tribute to Ann Arbor, MI, resi- Washtenaw County.∑ ketball Association president since dent Bill Martin. On May 2 of this year, f 2001. Mr. Vines is well known in Arkan- the Jewish Federation of Washtenaw sas for his many volunteer activities. BSU NATIONAL DEBATE AND He has served as the coach of the Ar- County will confer their Humanitarian SPEECH CHAMPS Award on Bill Martin as an out- kansas Rollin’ Razorbacks, a wheel- ∑ standing member of the community. Mr. CRAPO. Mr. President, I rise chair basketball team that he helped Throughout his life, Bill Marin has today to recognize Boise State Univer- established in 1978. In addition, Mr. dedicated himself, publicly and pri- sity’s outstanding debate and speech Vines has coached the U.S. Wheelchair vately, to projects that involve, con- team, the Talkin’ Broncos, who cap- Basketball team four times in inter- cern, and benefit the community. When tured the national title at the Biennial national competition and served in nu- the Ann Arbor public schools needed Pi Kappa Delta National Tournament merous administrative roles in the or- extra funds for school projects, Bill im- in St. Louis on March 20. The open ganization over the past 28 years. plemented the very successful 3-on-3 tournament is the Nation’s oldest and On April 9, 2005, Mr. Vines, as the Na- Superball basketball tournament. He largest team competition among 4-year tional Wheelchair Basketball Associa- rallied a group of craftsmen to rebuild schools with forensics programs. More tion President, will present the first se- State ranger cabins on Isle Royale and than 470 competitors representing 72 ries of National Wheelchair Basketball joined in the effort. And he answered schools and 29 States participated in Association Spirit Awards in Phoenix, the calls of both the University of the event. The 14-member champion- AZ. The Spirit Award recognizes the Michigan Athletic Department and the ship team also brought home an im- work of the many volunteers and orga- United States Olympic Committee pressive 22 individual awards. nizations that support the National when they were engulfed in turmoil Many in this Chamber appreciate the Wheelchair Basketball Association. and scandal. importance of speech and debate in the The 2005 Spirit Award recipients are Bill Martin has been director of business of government. Forensic skills Evelyn Bologna of Lexington, KY; Jim Intercollegiate Athletics at the Univer- translate into effective communica- Hayes of Arlington, TX; Tim Stout of

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3142 CONGRESSIONAL RECORD — SENATE April 4, 2005 East Moline, IL; and the Rehabilita- Elmira College. This is the second received a message from the House of tion/Education Program at the Univer- straight national championship for the Representatives announcing that the sity of Illinois in Champaign, IL. Panthers and their fourth in the past 6 House has passed the following bill, Mr. President, I applaud Harry Vines’ years. without amendment dedicated service to the National Over 120 years ago, Middlebury Col- S. 686. An act to provide for the relief of Wheelchair Basketball Association and lege began admitting female students, the parents of Theresa Marie Schiavo. his exemplary leadership.∑ decades before many similar institu- The message also announced that the f tions were willing to do so. Since that House has agreed to the following con- time, Middlebury has offered young TRIBUTE TO THE MIDDLEBURY current resolution, without amend- men and women alike a superb liberal PANTHERS MEN’S ICE HOCKEY ment: arts education amidst the beauty of TEAM, S. Con. Res. 23. concurrent resolution pro- the Green Mountains. Reflecting viding for a conditional adjournment or re- ∑ Mr. JEFFORDS. Mr. President, I rise Middlebury’s proud and pioneering tra- cess of the Senate, and a conditional ad- today to congratulate the Middlebury dition of academic excellence and co- journment of the House of Representatives. College men’s ice hockey team on its education, the women’s athletic pro- The message further announced that March 19, 2005 victory in the NCAA Di- gram at Middlebury has developed into the Speaker has signed the following vision III National Championship one of the best Division III athletics. enrolled bill: against St. Thomas University. This is Over the last 10 years, women’s ath- H.R. 1270. An act to amend the Internal the second straight national champion- letic teams at Middlebury have cap- Revenue Code of 1986 to extend the Leaking ship for the Panthers and their seventh tured 13 national titles. Underground Storage Tank Trust Fund fi- in the past 11 years. The women’s hockey team has been nancing rate. For more than two centuries, one of the most consistently successful The enrolled bill was signed subse- Middlebury College has offered stu- athletic teams at Middlebury. In the quently by the Acting President pro dents a top-notch liberal arts edu- 2005 national championship, the Pan- tempore. (Mr. WARNER). cation. Best known for its academic ex- thers exhibited their characteristic The message also announced that the cellence and its picturesque campus, spirit and determination by over- Speaker has signed the following en- Middlebury also boasts a highly re- coming an early 2–1 deficit to win by a rolled bill: garded athletic program that com- final 4–3. I am pleased our local school- S. 686. An act to provide for the relief of plements its educational mission and children have the opportunity to see the parents of Theresa Marie Schiavo. helps facilitate a great collegiate expe- such accomplished and impressive stu- The enrolled bill was signed subse- rience for all Middlebury students. dent-athletes competing in Vermont. quently by the Acting President pro Over 25 percent of all undergraduates I congratulate each member of the tempore (Mr. FRIST). at the college participate in varsity team: Head Coach Bill Mandigo, Assist- f sports and Middlebury has worn an as- ant Coach Jean Butler, Team Trainer tonishing 24 national titles in just over Rachel Eldredge, Team Physician MESSAGE FROM THE HOUSE a decade. Mark Peluso, Abby Kurtz-Phelan, At 2:02 p.m., a message from the During this past hockey season, the Shannon Tarrant, Emily McNamara, House of Representatives, delivered by Panthers represented Middlebury with Rose Babst, Liz Yale-Loehr, Allison Mr. Hays, one of its reading clerks, an- hard work and determination on the Liati, Karen Levin, Gillian Paul, Shan- nounced that the House has passed the ice. The accomplishments of the stu- non Sylvester, Emily Quizon, Jackie following concurrent resolution, in dent-athletes were rewarded by a loyal Cohen, Lindsay Jones, Tory MacNeil, which it requests the concurrence of fan base that packed the Chip Kenyon Gloria Velez, Alison Graddock, Mar- the Senate: Arena night after night to watch great garet MacDonald, Samantha Ritt, H. Con. Res. 95. Concurrent resolution es- college hockey. Along with the thou- Lacey Farrell, Ellen Sargent, Lorna tablishing the congressional budget for the sands of Middlebury hockey fans, I am Gifis, Tania Kenny, Kerry Kiley, Abby United States Government for fiscal year proud to have such an impressive col- Smith, Angie Todd, Nina Daugherty, 2006, revising appropriate budgetary levels lege hockey team playing in the State and Kate Kogut. for fiscal year 2005, and setting forth appro- of Vermont. priate budgetary levels for fiscal years 2007 Again, congratulations Panthers on through 2010. I congratulate each member of the another national championship, I wish f team: Head Coach Bill Beaney, Assist- you all the best next year.∑ ant Coach Chris LaPerle, Student As- ENROLLED BILL PRESENTED f sistant Coach Ryan Cahill, Team Man- The Secretary of the Senate reported ager Ryan McQuillan, Team Trainer MESSAGES FROM THE PRESIDENT that on March 21, 2005, she had pre- David Matthews, Team Physician Mark Messages from the President of the sented to the President of the United Peluso, Ross Cherry, Tom Maldonado, United States were communicated to States the following enrolled bill: Jed McDonald, Levi Doria, Scott Ward, the Senate by Mr. Williams, one of his S. 686. An act to provide for the relief of Tim Graham, Mickey Gilchrist, Darwin secretaries. the parents of Theresa Marie Schiavo. Hunt, Patrick Nugent, Eric LeFreniere, Justin Gaines, Evgeny f f Saidachev, Robert MacIntyre, Shady EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER Young, Jeff Smith, Brett Shirreffs, COMMUNICATIONS As in executive session the Presiding John Sales, Leonard Badeau, Brian The following communications were Phinney, Richie Fuld, Yen-I Chen, Officer laid before the Senate messages from the President of the United laid before the Senate, together with Jocko DeCarolis, Samuel Driver, and accompanying papers, reports, and doc- Scott Bartlett. States submitting sundry nominations and a withdrawal which were referred uments, and were referred as indicated: Again, congratulations Panthers on EC–1321. A communication from the Assist- another incredible season and good to the appropriate committees. (The nominations received today are ant Administrator for Fisheries, National luck next year.∑ Oceanic and Atmospheric Administration, printed at the end of the Senate pro- f Department of Commerce, transmitting, pur- ceedings.) suant to law, a report relative to the New TRIBUTE TO THE MIDDLEBURY f England fishing capacity reduction initia- PANTHERS WOMEN’S ICE HOCK- tive; to the Committee on Commerce, EY TEAM MESSAGE FROM THE HOUSE Science, and Transportation. ∑ Mr. JEFFORDS. Mr. President, I DURING ADJOURNMENT EC–1322. A communication from the Assist- ant Administrator for Fisheries, National would like to commend the Middlebury Under authority of the order of the Oceanic and Atmospheric Administration, College women’s ice hockey team on Senate of January 4, 2005, the Sec- Department of Commerce, transmitting, pur- its recent victory in the NCAA Divi- retary of the Senate, on March 21, 2005, suant to law, a report entitled ‘‘Apportion- sion III National Championship against during the adjournment of the Senate, ment of Membership on the Regional Fishery

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3143 Management Councils’’; to the Committee tional Oceanic and Atmospheric Administra- Butterfish Fisheries; Closure of Fishery for on Commerce, Science, and Transportation. tion, Department of Commerce, transmit- Loligo Squid for Quarter I—2005’’ (I.D. No. EC–1323. A communication from the Dep- ting, pursuant to law, the report of a rule en- 021405B) received on March 18, 2005; to the uty Assistant Administrator for Regulatory titled ‘‘Closure of Rock Sole/Flathead Sole/ Committee on Commerce, Science, and Programs, National Marine Fisheries Serv- ‘Other Flatfish’ Fishery Category by Vessels Transportation. ice, Department of Commerce, transmitting, Using Trawl Gear in Bering Sea and Aleutian EC–1340. A communication from the Acting pursuant to law, the report of a rule entitled Islands Management Area’’ (I.D. No. 022805E) Director, Office of Sustainable Fisheries, Na- ‘‘Final Rule to Implement Final Specifica- received on March 18, 2005; to the Committee tional Oceanic and Atmospheric Administra- tion for Groundfish in the Gulf of Alaska on Commerce, Science, and Transportation. tion, Department of Commerce, transmit- Management Area’’ received on March 18, EC–1332. A communication from the Acting ting, pursuant to law, the report of a rule en- 2005; to the Committee on Commerce, Director, Office of Sustainable Fisheries, Na- titled ‘‘Closure of Pollock in Statistical Area Science, and Transportation. tional Oceanic and Atmospheric Administra- 620 in the Gulf of Alaska’’ (I.D. No. 030105F) EC–1324. A communication from the Dep- tion, Department of Commerce, transmit- received on March 18, 2005; to the Committee uty Assistant Administrator for Regulatory ting, pursuant to law, the report of a rule en- on Commerce, Science, and Transportation. Programs, National Marine Fisheries Serv- titled ‘‘Reduction of Landing Limit of EC–1341. A communication from the Acting ice, Department of Commerce, transmitting, Yellowtail Flounder from the U.S. / Canada Director, Office of Sustainable Fisheries, Na- pursuant to law, the report of a rule entitled Management Area’’ (I.D. No. 020705A) re- tional Oceanic and Atmospheric Administra- ‘‘Final Rule to Implement Amendment 82 to ceived on March 18, 2005; to the Committee tion, Department of Commerce, transmit- the Fishery Management Plan for Ground- on Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- fish of the Bering Sea and Aleutian Islands EC–1333. A communication from the Acting titled ‘‘Closure of Central GOA Offshore Pa- Management Area’’ received on March 18, Director, Office of Sustainable Fisheries, Na- cific Cod’’ (I.D. No. 021805F) received on 2005; to the Committee on Commerce, tional Oceanic and Atmospheric Administra- March 18, 2005; to the Committee on Com- Science, and Transportation. tion, Department of Commerce, transmit- merce, Science, and Transportation. EC–1325. A communication from the Dep- ting, pursuant to law, the report of a rule en- EC–1342. A communication from the Acting uty Assistant Administrator for Regulatory titled ‘‘Closure of Central Aleutian Islands Director, Office of Sustainable Fisheries, Na- Programs, National Marine Fisheries Serv- Atka Mackerel Fishery’’ (I.D. No. 021605A) tional Oceanic and Atmospheric Administra- ice, Department of Commerce, transmitting, received on March 18, 2005; to the Committee tion, Department of Commerce, transmit- pursuant to law, the report of a rule entitled on Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- ‘‘Final Rule: Annual Management Measures EC–1334. A communication from the Acting titled ‘‘Closure of Western GOA Offshore Pa- for the 2005 Pacific Halibut Fishery’’ (0648- Director, Office of Sustainable Fisheries, Na- cific Cod’’ (I.D. No. 021805G) received on AT06) received on March 18, 2005; to the Com- tional Oceanic and Atmospheric Administra- March 18, 2005; to the Committee on Com- mittee on Commerce, Science , and Trans- tion, Department of Commerce, transmit- merce, Science, and Transportation. EC–1343. A communication from the Acting portation. ting, pursuant to law, the report of a rule en- EC–1326. A communication from the Dep- Director, Office of Sustainable Fisheries, Na- titled ‘‘Closure of Pacific Cod by Catcher/ uty Assistant Administrator for Regulatory tional Oceanic and Atmospheric Administra- Processor Vessels Using Hook-and-Line Gear Programs, National Marine Fisheries Serv- tion, Department of Commerce, transmit- in the Bering Sea and Aleutian Islands Man- ice, Department of Commerce, transmitting, ting, pursuant to law, the report of a rule en- agement Area’’ (I.D. No. 022305E) received on pursuant to law, the report of a rule entitled titled ‘‘Closure of Pacific Cod by Catcher/ March 18, 2005; to the Committee on Com- ‘‘Final Rule to Implement Final Specifica- Processor Vessels Using Hook-and-Line Gear merce, Science , and Transportation. tion for Groundfish in the Bering Sea and EC–1335. A communication from the Acting in the Bering Sea and Aleutian Islands Man- Aleutian Islands Management Area’’ re- agement Area’’ (I.D. No. 021805A) received on Director, Office of Sustainable Fisheries, Na- ceived on March 18, 2005; to the Committee March 18, 2005; to the Committee on Com- tional Oceanic and Atmospheric Administra- on Commerce, Science, and Transportation. merce, Science, and Transportation. EC–1327. A communication from the Attor- tion, Department of Commerce, transmit- EC–1344. A communication from the Attor- ney Advisor, Wireless Telecommunications ting, pursuant to law, the report of a rule en- ney Advisor, Maritime Administration, De- Bureau, Federal Communications Commis- titled ‘‘Closure of Pollock in Statistical Area partment of Transportation, transmitting, sion, transmitting, pursuant to law, the re- 630 of the Gulf of Alaska’’ (I.D. No. 021105B) pursuant to law, the report of a vacancy in port of a rule entitled ‘‘Amendment of the received on March 18, 2005; to the Committee the position of Administrator, received on Commission’s Rules Concerning Airport Ter- on Commerce, Science , and Transportation. March 18, 2005; to the Committee on Com- EC¥1336. A communication from the Act- minal Use Frequencies in the 450-470 MHz merce, Science, and Transportation. Band of the Private Land Mobile Radio Serv- ing Director, Office of Sustainable Fisheries, EC–1345. A communication from the Attor- ices’’ ((WT Docket No. 02-318) (FCC 05-16)) re- National Oceanic and Atmospheric Adminis- ney Advisor, Office of the Secretary, Depart- ceived on March 18, 2005; to the Committee tration, Department of Commerce, transmit- ment of Transportation, transmitting, pur- on Commerce, Science , and Transportation. ting, pursuant to law, the report of a rule en- suant to law, the report of a vacancy in the EC–1328. A communication from the Attor- titled ‘‘Closure of Pacific Cod by Catcher position of Assistant Secretary for Transpor- ney Advisor, Wireless Telecommunications Vessels 60 Feet (18.3 Meters) Length Overall tation Policy, received on March 18, 2005; to Bureau, Federal Communications Commis- and Using Pot Gear in the Bering Sea and the Committee on Commerce, Science, and sion, transmitting, pursuant to law, the re- Aleutian Islands Management Area’’ (I.D. Transportation. port of a rule entitled ‘‘The 4.9 GHz Band No. 021105A) received on March 18, 2005; to EC–1346. A communication from the Attor- Transferred from Federal Government Use’’ the Committee on Commerce, Science, and ney Advisor, Office of the Secretary, Depart- ((WT Docket No. 00-32) (FCC 04-265)) received Transportation. ment of Transportation, transmitting, pur- on March 18, 2005; to the Committee on Com- EC–1337. A communication from the Acting suant to law, the report of a vacancy in the merce, Science, and Transportation. Director, Office of Sustainable Fisheries, Na- position of Assistant Secretary for Budget EC–1329. A communication from the Attor- tional Oceanic and Atmospheric Administra- and Programs, received on March 18, 2005; to ney Advisor, Wireless Telecommunications tion, Department of Commerce, transmit- the Committee on Commerce, Science, and Bureau, Federal Communications Commis- ting, pursuant to law, the report of a rule en- Transportation . sion, transmitting, pursuant to law, the re- titled ‘‘Closure of Directed Fishing for Pa- EC–1347. A communication from the Dep- port of a rule entitled ‘‘Implementation of cific Cod by Specified Sectors in the Western uty Assistant Secretary for Export Adminis- Sections 309 (j) and 337 of the Communica- and Central Regulatory Areas of the Gulf of tration, Office of Strategic Industries and tions Act of 1934 as Amended; Promotion of Alaska (GOA)’’ (I.D. No. 022305D) received on Economic Security, Department of Com- Spectrum Efficient Technologies on Certain March 18, 2005; to the Committee on Com- merce, transmitting, pursuant to law, the re- Part 90 Frequencies’’ ((WT Docket No. 99-87) merce, Science, and Transportation. port of a rule entitled ‘‘Defense Priorities (FCC 04-292)) received on March 18, 2005; to EC–1338. A communication from the Acting and Allocations System (DPAS): Electronic the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- Transmission of Reasons for Rejecting Rated Transportation. tional Oceanic and Atmospheric Administra- Orders’’ (RIN0694-AD35) received on March EC–1330. A communication from the Attor- tion, Department of Commerce, transmit- 18, 2005; to the Committee on Commerce, ney Advisor, Wireless Telecommunications ting, pursuant to law, the report of a rule en- Science, and Transportation. Bureau, Federal Communications Commis- titled ‘‘Notice of Fishing Season Dates for EC–1348. A communication from the Dep- sion, transmitting, pursuant to law, the re- the Sablefish Fixed Gear IFQ Program’’ (I.D. uty Assistant Secretary for Export Adminis- port of a rule entitled ‘‘The Development of No. 022305B) received on March 18, 2005; to tration, Bureau of Industry and Security, Operational, Technical and Spectrum Re- the Committee on Commerce, Science, and Department of Commerce, transmitting, pur- quirements for Meeting Federal, State and Transportation. suant to law, the report of a rule entitled Local Public Safety Agency Communication EC–1339. A communication from the Acting ‘‘Licensing Policy for Entities Sanctioned Requirements Through the Year 2010’’ ((WT Director, Office of Sustainable Fisheries, Na- under Specified Statutes; License Require- Docket No. 96-86) (FCC 05-9)) received on tional Oceanic and Atmospheric Administra- ment for Certain Sanctioned Entities; and March 18, 2005; to the Committee on Com- tion, Department of Commerce, transmit- Imposition of License Requirement for Tula merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Instrument Design Bureau’’ (RIN0694-AD24) EC–1331. A communication from the Acting titled ‘‘Fisheries of the Northeastern United received on March 18, 2005; to the Committee Director, Office of Sustainable Fisheries, Na- States; Atlantic Mackerel, Squid, and on Commerce, Science, and Transportation.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3144 CONGRESSIONAL RECORD — SENATE April 4, 2005 EC–1349. A communication from the Dep- Committee on Commerce, Science, and EC–1365. A communication from the Sec- uty Assistant Secretary for Export Adminis- Transportation. retary of the Commission , Bureau of Con- tration, Bureau of Industry and Security, EC–1357. A communication from the Legal sumer Protection, Federal Trade Commis- Department of Commerce, transmitting, pur- Advisor to the Bureau Chief, Media Bureau, sion, transmitting, pursuant to law, the re- suant to law, the report of a rule entitled Federal Communications Commission, transport of a rule entitled ‘‘Prescreen Opt-Out ‘‘Revisions to the Export Administration mitting, pursuant to law, the report of a rule Disclosure’’ (RIN3084–AA94) received on Regulations Based on the 2004 Missile Tech- entitled ‘‘Amendment of Section 73.202(b), March 18, 2005; to the Committee on Com- nology Control Regime Plenary Agreements; Table of Allotments, FM Broadcast Stations. merce, Science, and Transportation. Additions to the Entity List; Revisions to (Lake Havasu City, Arizona and Pahrump, EC–1366. A communication from the Dep- the Missile Catch-All Controls’’ (RIN0694- Nevada)’’ (MB Docket No. 04–224) received on uty Chief, Wireline Competition Bureau, AC24) received on March 18, 2005; to the Com- March 18, 2005; to the Committee on Com- Federal Communications Commission, trans- mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule tation. EC–1358. A communication from the Legal entitled ‘‘In the Matter of Federal-State EC–1350. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, Joint Board on Universal Service, National Advisor to the Bureau Chief, Media Bureau, Federal Communications Commission, trans- Telephone Cooperative Association Petition Federal Communications Commission, transmitting, pursuant to law, the report of a rule for Reconsideration (CC Docket No. 96–45; mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), FCC 05–1) received on March 18, 2005; to the entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. Committee on Commerce, Science, and Table of Allotments, FM Broadcast Stations. (Fort Rucker, Ozark and Slocomb, Ala- Transportation. (Kerman, California; Lockney, Texas; Lone bama)’’ (MB Docket No. 04–146) received on EC–1367. A communication from the Acting Wolf, Oklahoma; Quanah, Texas; Orchard March 18, 2005; to the Committee on Com- Under Secretary for Industry and Security, Mesa, Colorado; Rising Star, Texas; merce, Science, and Transportation. Department of Commerce, transmitting, pur- Twentynine Palms, California; and Water- EC–1359. A communication from the Asso- suant to law, a report entitled ‘‘Imposition ford, California)’’ (MB Docket Nos. 04-301, 04- ciate Bureau Chief, Wireless Telecommuni- of Foreign Policy Controls on Certain Enti- 302, 04-303, 04-304, 04-306, 04-307, 04-308, and 04- cations Bureau, Federal Communications ties Sanctioned by the State Department 309) received on March 18, 2005; to the Com- Commission, transmitting, pursuant to law, and on Tula Instrument Design Bureau of mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Developing a Russia’’; to the Committee on Commerce, Unified Intercarrier Compensation Regime; tation. Science, and Transportation. EC–1351. A communication from the Legal T-Mobile et al. Petition for Declaratory Rul- EC–1368. A communication from the Dep- Advisor to the Bureau Chief, Media Bureau, ing Regarding Incumbent LEC Wireless Ter- uty Assistant Secretary for Export Adminis- Federal Communications Commission, trans- mination Tariffs’’ (CC Docket No. 01–92, FCC tration, Bureau of Industry and Security, mitting, pursuant to law, the report of a rule 05–42) received on March 18, 2005; to the Com- Department of Commerce, transmitting, pur- entitled ‘‘Amendment of Section 73.202(b), mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled Table of Allotments, FM Broadcast Stations. tation. ‘‘Editorial Corrections to Part 730 of the Ex- EC–1360. A communication from the Legal (Gassville, AR and Nantucket, MA)’’ (MB port Administration Regulations’’ (RIN0694– Advisor/Chief, Wireless Telecommunications AD40) received on March 28, 2005; to the Com- Docket Nos. 04-237 and 04-238) received on Bureau, Federal Communications Commis- mittee on Commerce, Science, and Transpor- March 18, 2005; to the Committee on Com- sion, transmitting, pursuant to law, the re- tation. merce, Science, and Transportation. port of a rule entitled ‘‘Amendment of Part EC–1369. A communication from the Dep- EC–1352. A communication from the Legal 22 of the Commission’s Rules to Benefit the uty Assistant Secretary for Export Adminis- Advisor to the Bureau Chief, Media Bureau, Consumers of Air-Ground Telecommuni- tration, Bureau of Industry and Security, Federal Communications Commission, trans- cations Services; Biennial Regulatory Re- Department of Commerce, transmitting, pur- mitting, pursuant to law, the report of a rule view—Amendment of Parts 1, 22, and 90 of suant to law, the report of a rule entitled entitled ‘‘Amendment of Section 73.202(b), the Commissions Rules; Amendment of Parts ‘‘Revision of Export and Reexport Restric- Table of Allotments, FM Broadcast Stations. 1 and 22 of the Commissions Rules to Adopt tions on Libya: Responses to Comments on (Durant, Oklahoma and Tom Bean, Texas)’’ Competitive Bidding Rules for Commercial the Interim Rule’’ (RIN0694–AD14) received (MB Docket No. 04-401) received on March 18, and General.’’ (WT Dkt Nos. 03–103 and 05–42; on March 28, 2005; to the Committee on Com- 2005; to the Committee on Commerce, FCC 04–287) received on March 18, 2005; to the merce, Science, and Transportation. Science, and Transportation. Committee on Commerce, Science, and EC–1370. A communication from the Attor- EC–1353. A communication from the Legal Transportation. ney Advisor, Pipeline and Hazardous Mate- Advisor to the Bureau Chief, Media Bureau, EC–1361. A communication from the Assist- rials Safety Administration, Department of Federal Communications Commission, trans- ant Bureau Chief, International Bureau, Fed- Transportation, transmitting, pursuant to mitting, pursuant to law, the report of a rule eral Communications Commission, transmit- law, the report of a vacancy in the position entitled ‘‘Amendment of Section 73.202(b), ting, pursuant to law, the report of a rule en- of Administrator, received on March 28, 2005; Table of Allotments, FM Broadcast Stations. titled ‘‘Flexibility for Delivery of Commu- to the Committee on Commerce, Science, (Nantucket, East Harwich, and South Chat- nications by Mobile Satellite Service Pro- and Transportation. ham, MA)’’ (MB Docket No. 02-72) received viders in the 2 GHz Band, the L-Band, and EC–1371. A communication from the Senior on March 18, 2005; to the Committee on Com- the 1.6/2.4 GHz Bands’’ (IB Docket No. 01–185, Paralegal (Regulations), Office of Thrift Su- merce, Science, and Transportation. FCC No. 05–30) received on March 18, 2005; to pervision, Department of the Treasury, EC–1354. A communication from the Legal the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Advisor to the Bureau Chief, Media Bureau, Transportation. a rule entitled ‘‘Special Rules for Adjudica- Federal Communications Commission, trans- EC–1362. A communication from the In- tory Proceedings for Certain Holding Compa- mitting, pursuant to law, the report of a rule terim Legal Advisor, Wireless Telecommuni- nies’’ (RIN1550–AB96) received on March 24, entitled ‘‘Amendment of Section 73.202(b), cations Bureau, Federal Communications 2005; to the Committee on Banking, Housing, Table of Allotments, FM Broadcast Stations. Commission, transmitting, pursuant to law, and Urban Affairs. (Adams, Massachusetts; Ashtabula, Ohio; the report of a rule entitled ‘‘In the Matter EC–1372. A communication from the Senior Crested Butte, Colorado; Lawrence Park, of Direct Broadcast Satellite Licenses’’ (FCC Paralegal (Regulations), Office of Thrift Su- Pennsylvania)’’ (MB Docket Nos. 04-357, 04- 04–271, AUC 03–52) received on March 18, 2005; pervision, Department of the Treasury, 358, 04-359, 04-360) received on March 18, 2005; to the Committee on Commerce, Science, transmitting, pursuant to law, the report of to the Committee on Commerce, Science, and Transportation. a rule entitled ‘‘Community Reinvestment and Transportation. EC–1363. A communication from the Assist- Act—Assigned Ratings’’ (RIN1550–AB48) re- EC–1355. A communication from the Legal ant Bureau Chief, Enforcement Bureau, Fed- ceived on March 24, 2005; to the Committee Advisor to the Bureau Chief, Media Bureau, eral Communications Commission, transmit- on Banking, Housing, and Urban Affairs. Federal Communications Commission, trans- ting, pursuant to law, the report of a rule en- EC–1373. A communication from the Senior mitting, pursuant to law, the report of a rule titled ‘‘Amendment of Part 11 of the Com- Paralegal (Regulations), Office of Thrift Su- entitled ‘‘Amendment of Section 73.202(b), mission’s Rules Regarding the Emergency pervision, Department of the Treasury, Table of Allotments, FM Broadcast Stations. Alert System’’ (ED Docket No. 04–51, FCC 05– transmitting, pursuant to law, the report of (Walla Walla and Burbank, Washington)’’ 21) received on March 18, 2005; to the Com- a rule entitled ‘‘Proper Disposal of Consumer (MB Docket No. 02-63) received on March 18, mittee on Commerce, Science, and Transpor- Information Under the Fair and Accurate 2005; to the Committee on Commerce, tation. Credit Transactions Act of 2003’’ (RIN1550– Science, and Transportation. EC–1364. A communication from the Assist- AB87) received on March 24, 2005; to the Com- EC–1356. A communication from the Legal ant Chief, Wireline Competition Bureau, mittee on Banking, Housing, and Urban Af- Advisor to the Bureau Chief, Media Bureau, Federal Communications Commission, trans- fairs. Federal Communications Commission, transmitting, pursuant to law, the report of a rule EC–1374. A communication from the Gen- mitting, pursuant to law, the report of a rule entitled ‘‘Presubscribed Interexchange Car- eral Counsel, Federal Emergency Manage- entitled ‘‘Amendment of Section 73.202(b), rier Charges’’ (FCC 05–32, CC Docket No. 02– ment Agency, Department of Homeland Se- Table of Allotments, FM Broadcast Stations. 53) received on March 18, 2005; to the Com- curity, transmitting, pursuant to law, the re- (Rhinelander, Wisconsin)’’ (MB Docket No. mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Final Flood Ele- 04-288) received on March 18, 2005; to the tation. vation Determinations’’ (70 FR 5942) received

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3145 on March 18, 2005; to the Committee on Department of Energy, transmitting, pursu- ronmental Protection Agency, transmitting, Banking, Housing, and Urban Affairs. ant to law, the report of a vacancy in the po- pursuant to law, the report of a rule entitled EC–1375. A communication from the Gen- sition of Secretary of Energy, received on ‘‘Revision of December 2000 Regulatory Find- eral Counsel, Federal Emergency Manage- March 28, 2005; to the Committee on Energy ing on the Emissions of Hazardous Air Pol- ment Agency, Department of Homeland Se- and Natural Resources. lutants from Electric Utility Steam Gener- curity, transmitting, pursuant to law, the re- EC–1386. A communication from the Gen- ating Units and the Removal of Coal—and port of a rule entitled ‘‘Final Flood Ele- eral Counsel, Office of the General Counsel, Oil-fired Electric Utility Steam Generating vation Determinations’’ (70 FR 5938) received Federal Energy Regulatory Commission, Units from the Section 112(c) List’’ (FRL No. on March 18, 2005; to the Committee on transmitting, pursuant to law, the report of 7887–7) received on March 28, 2005; to the Banking, Housing, and Urban Affairs. a rule entitled ‘‘Reporting Requirements for Committee on Environment and Public EC–1376. A communication from the Gen- Changes in Status for Public Utilities with Works. eral Counsel, Federal Emergency Manage- Market-Based Rate Authority’’ (Docket No. EC–1396. A communication from the Prin- ment Agency, Department of Homeland Se- RM04–14–000) received on March 18, 2005; to cipal Deputy Associate Administrator, Office curity, transmitting, pursuant to law, the re- the Committee on Energy and Natural Re- of Policy, Economics, and Innovation, Envi- port of a rule entitled ‘‘Final Flood Ele- sources. ronmental Protection Agency, transmitting, vation Determinations’’ (70 FR 5937) received EC–1387. A communication from the Direc- pursuant to law, the report of a rule entitled on March 18, 2005; to the Committee on tor, Office of Surface Mining, Department of ‘‘Standard of Performance for New and Ex- Banking, Housing, and Urban Affairs. the Interior, transmitting, pursuant to law , isting Stationary Sources: Electric Utility EC–1377. A communication from the Gen- the report of a rule entitled ‘‘Colorado Regu- Steam Generating Units’’ (FRL No. 7888–1) eral Counsel, Federal Emergency Manage- latory Program’’ (CO–033–FOR) received on received on March 28, 2005; to the Committee ment Agency, Department of Homeland Se- March 24, 2005; to the Committee on Energy on Environment and Public Works. curity, transmitting, pursuant to law, the re- and Natural Resources. EC–1397. A communication from the Prin- port of a rule entitled ‘‘Changes in Flood EC–1388. A communication from the Assist- cipal Deputy Associate Administrator, Office Elevation Determinations’’ (70 FR 5936) re- ant Secretary, Land and Mineral Manage- of Policy, Economics, and Innovation, Envi- ceived on March 18, 2005; to the Committee ment, Department of the Interior, transmit- ronmental Protection Agency, transmitting, on Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled EC–1378. A communication from the Gen- titled ‘‘43 CFR Part 1600—Land Use Plan- ‘‘National Emission Standards for Hazardous eral Counsel, Federal Emergency Manage- ning’’ (RIN1004–AD57) received on March 24, Air Pollutants; Delegation of Authority to ment Agency, Department of Homeland Se- 2005; to the Committee on Energy and Nat- Louisiana; Correction’’ (FRL No. 7887–2) re- curity, transmitting, pursuant to law, the re- ural Resources. ceived on March 24, 2005; to the Committee port of a rule entitled ‘‘Changes in Flood EC–1389. A communication from the Chair- on Environment and Public Works. Elevation Determinations’’ (70 FR 5933) re- man, Tennessee Valley Authority, transmit- EC–1398. A communication from the Prin- ceived on March 18, 2005; to the Committee ting, pursuant to law, the Authority’s report cipal Deputy Associate Administrator, Office on Banking, Housing, and Urban Affairs. required by the Government in the Sunshine of Policy, Economics, and Innovation, Envi- EC–1379. A communication from the Assist- Act for Calendar Year 2004; to the Committee ronmental Protection Agency, transmitting, ant to the Board, Division of Banking Super- on Environment and Public Works. pursuant to law, the report of a rule entitled vision and Regulation, Board of Governors of EC–1390. A communication from the Acting ‘‘North Carolina: Final Authorization of the Federal Reserve System, transmitting, Chairman, Nuclear Regulatory Commission, State Hazardous Waste Management Pro- pursuant to law, the report of a rule entitled transmitting, pursuant to law, a proposed gram Revision’’ (FRL No. 7888–3) received on ‘‘Risk-Based Capital Standards: Trust Pre- bill for authorization of appropriations for March 24, 2005; to the Committee on Environ- ferred Securities and the Definition of Cap- fiscal year 2006; to the Committee on Envi- ment and Public Works. ital’’ (Docket No. R–1193) received on March ronment and Public Works. EC–1399. A communication from the Prin- 24, 2005; to the Committee on Banking, Hous- EC–1391. A communication from the Direc- cipal Deputy Associate Administrator, Office ing, and Urban Affairs. tor, Office of Congressional Affairs, Nuclear EC–1380. A communication from the Chief Materials Safety and Safeguards, Nuclear of Policy, Economics, and Innovation, Envi- Counsel, Bureau of Public Debt, Department Regulatory Commission, transmitting, pur- ronmental Protection Agency, transmitting, of the Treasury, transmitting, pursuant to suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘31 CFR 315, ‘‘Final Rule—10 CFR Part 35, ‘Medical Use of ‘‘Rule to Reduce Interstate Transport of 316, 351, 353, 359, 360 and 363, Regulations Gov- Byproduct Material’ ‘‘ (RIN3150–AH19) re- Fine Particulate Matter and Ozone (Clean erning Treasury Securities, New Treasury ceived on March 28, 2005; to the Committee Air Interstate Rule); Revisions to Acid Rain Direct System’’ received on March 18, 2005; on Environment and Public Works. Program; Revisions to the NOx SIP Call’’ to the Committee on Banking, Housing, and EC–1392. A communication from the Prin- (FRL No. 7885–9) received on March 24, 2005; Urban Affairs. cipal Deputy Associate Administrator, Office to the Committee on Environment and Pub- EC–1381. A communication from the Coun- of Policy, Economics, and Innovation, Envi- lic Works. sel for Legislation and Regulations, Office of ronmental Protection Agency, transmitting, EC–1400. A communication from the Chair- Community Planning and Development, De- pursuant to law, the report of a rule entitled man, Medicare Payment Advisory Commis- partment of Housing and Urban Develop- ‘‘Approval and Promulgation of Air Quality sion, transmitting, pursuant to law, the ment, transmitting, pursuant to law, the re- Implementation Plans; Texas; Revisions to Commission’s March 2005 report entitled port of a rule entitled ‘‘Community Develop- Control Volatile Organic Compound Emis- ‘‘Physician-Owned Specialty Hospitals’’; to ment Block Grant Program; Small Cities and sions’’ (FRL No. 7890–4) received on March 28, the Committee on Finance. Insular Areas Programs’’ ((RIN2506–AC17) 2005; to the Committee on Environment and EC–1401. A communication from the Com- (FR–4919–F–02)) received on March 18, 2005; to Public Works. missioner, Social Security Administration, the Committee on Banking, Housing, and EC–1393. A communication from the Prin- transmitting, pursuant to law, a report on Urban Affairs. cipal Deputy Associate Administrator, Office the progress of the demonstration project re- EC–1382. A communication from the Sec- of Policy, Economics, and Innovation, Envi- quired by section 303 of the Social Security retary of the Treasury, transmitting, pursu- ronmental Protection Agency, transmitting, Protection Act of 2004; to the Committee on ant to law, the periodic report on the na- pursuant to law, the report of a rule entitled Finance. tional emergency declared in Executive ‘‘Approval and Promulgation of Implementa- EC–1402. A communication from the Sec- Order 13224 of September 23, 2001 with respect tion Plans: Texas; Post 1996 Rate-of-Progress retary of Health and Human Services, trans- to persons who commit, threaten to commit, Plan, Adjustments to the 1990 Base Year mitting, pursuant to law, a report relative to or support terrorism; to the Committee on Emissions Inventory, and Motor Vehicle the Medicare Prescription Drug, Improve- Banking, Housing, and Urban Affairs. Emissions Budgets for the Dallas/Fort Worth ment and Modernization Act of 2003; to the EC–1383. A communication from the Sec- Ozone Nonattainment Area’’ (FRL No. 7890– Committee on Finance. retary of the Treasury, transmitting, pursu- 1) received on March 28, 2005; to the Com- EC–1403. A communication from the Board ant to law, the periodic report on tele- mittee on Environment and Public Works. of Trustees of the Federal Old-Age and Sur- communications payments made to Cuba EC–1394. A communication from the Prin- vivors Insurance and Disability Insurance pursuant to Treasury Department Specific cipal Deputy Associate Administrator, Office Trust Funds, transmitting, pursuant to law, Licenses; to the Committee on Banking, of Policy, Economics, and Innovation, Envi- the Board’s 2005 Annual Report; to the Com- Housing, and Urban Affairs. ronmental Protection Agency, transmitting, mittee on Finance. EC–1384. A communication from the Sec- pursuant to law, the report of a rule entitled EC–1404. A communication from the Regu- retary of the Treasury, transmitting, pursu- ‘‘South Carolina: Final Authorization of lations Officer, Social Security Administra- ant to law, the periodic report on the na- State Hazardous Waste Management Pro- tion, transmitting, pursuant to law, the re- tional emergency with respect to Iran that gram Revision’’ (FRL No. 7889–8) received on port of a rule entitled ‘‘Nonpayment of Bene- was declared in Executive Order 12957 of March 28, 2005; to the Committee on Environ- fits When the Social Security Administra- March 15, 1995; to the Committee on Bank- ment and Public Works. tion Receives Notice that an Insured Person ing, Housing, and Urban Affairs. EC–1395. A communication from the Prin- is Deported or Removed from the United EC–1385. A communication from the Direc- cipal Deputy Associate Administrator, Office States’’ (RIN0960–AG16) received on March tor, Office of Human Capital Management, of Policy, Economics, and Innovation, Envi- 28, 2005; to the Committee on Finance.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3146 CONGRESSIONAL RECORD — SENATE April 4, 2005 EC–1405. A communication from the Regu- EC–1415. A communication from the Acting EC–1425. A communication from the Chief, lations Coordinator, Centers for Disease Con- Chief, Publications and Regulations Branch, Office of Regulations and Policy Manage- trol, Department of Health and Human Serv- Internal Revenue Service, Department of the ment, Board of Veterans’ Appeals, Depart- ices, transmitting, pursuant to law, the re- Treasury, transmitting, pursuant to law, the ment of Veterans Affairs, transmitting, pur- port of a rule entitled ‘‘Possession, Use, and report of a rule entitled ‘‘Appeals Settle- suant to law, the report of a rule entitled Transfer of Select Agents and Toxins’’ ment Guidelines: Home Based Business’’ ‘‘Board of Veterans’ Appeals: Appeals Regu- (RIN0920-AA09) received on March 24, 2005; to (UIL No.: 262.18–01) received on March 28, lations, Rules of Practice; Delegations of Au- the Committee on Finance. 2005; to the Committee on Finance. thority’’ (RIN2900–AL96) received on March EC–1406. A communication from the Regu- EC–1416. A communication from the Acting 18, 2005; to the Committee on Veterans’ Af- lations Coordinator, Centers for Medicare Chief, Publications and Regulations Branch, fairs. and Medicaid Services, Department of Internal Revenue Service, Department of the EC–1426. A communication from the Chair- Health and Human Services, transmitting, Treasury, transmitting, pursuant to law, the man, Federal Communications Commission, pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Guidance Under transmitting, pursuant to law, the report of ‘‘Medicare Program; Medicare Prescription Section 1502; Application of Section 108 to a violation of the Antideficiency Act relative Drug Benefit; Interpretation’’ (RIN0938– Members of a Consolidated Group’’ (RIN1545– to violations of sections 1341 and 1517(a) of AN08) received on March 24, 2005; to the Com- BC38, –BC74, –BC95 TD 9192) received on Title 31, United States Code; to the Com- mittee on Finance. March 28, 2005; to the Committee on Finance. mittee on Appropriations. EC–1407. A communication from the Regu- EC–1417. A communication from the Direc- EC–1427. A communication from the Direc- lations Coordinator, Centers for Medicare tor of Government Affairs, National Endow- tor, Office of Federal Housing Enterprise and Medicaid Services, Department of ment for the Arts, transmitting, pursuant to Oversight (OFHEO), transmitting, pursuant Health and Human Services, transmitting, law, the report of the Endowment’s 2004 fis- to law, the OFHEO’s Fiscal Year 2004 Per- pursuant to law, the report of a rule entitled cal year usage of Category Rating Human formance Report; to the Committee on ‘‘Medicare Program; Establishment of the Resource Flexibility; to the Committee on Homeland Security and Governmental Af- Medicare Advantage Program; Interpreta- Health, Education, Labor, and Pensions. fairs. tion’’ (RIN0938–AN06) received on March 24, EC–1418. A communication from the Sec- EC–1428. A communication from the Direc- 2005; to the Committee on Finance. retary of Labor, transmitting, pursuant to tor, Liaison Division, General Services Ad- EC–1408. A communication from the Regu- law, the second annual report of the Presi- ministration, transmitting, pursuant to law, lations Coordinator, Centers for Medicare dent’s National Hire Veterans Committee; to the report of the final audit of the Panama and Medicaid Services, Department of the Committee on Health, Education, Labor, Canal Commission; to the Committee on Health and Human Services, transmitting, and Pensions. Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled EC–1419. A communication from the Execu- fairs. ‘‘Medicare and Medicaid Programs; Fire tive Director and the Chairman of the Board, EC–1429. A communication from the Assist- Safety Requirements for Certain Health Care Pension Benefit Guaranty Corporation, ant Secretary, Bureau of Indian Affairs, De- Facilities; Amendment’’ (RIN0938–AN36) re- transmitting, pursuant to law, the Corpora- partment of the Interior, transmitting, pur- ceived on March 24, 2005; to the Committee tion’s 2004 annual report; to the Committee suant to law, the report of a rule entitled on Finance. on Health, Education, Labor, and Pensions. ‘‘Law and Order on Indian Reservations’’ EC–1409. A communication from the Acting EC–1420. A communication from the Assist- (RIN1076–AE52) received on March 28, 2005; to Chief, Publications and Regulations Branch, ant Secretary for Administration and Man- the Committee on Indian Affairs. Internal Revenue Service, Department of the agement, Employment Standards Adminis- EC–1430. A communication from the Sec- Treasury, transmitting, pursuant to law, the tration, Department of Labor, transmitting, retary of the Judicial Conference of the report of a rule entitled ‘‘Frivolous Argu- pursuant to law, the report of a vacancy in United States, transmitting, a report relat- ments Regarding Waiver of Social Security the position of Administrator, Wage and ing to the Biennial Survey of Article III Benefits Used to Avoid Tax’’ (Rev. Rul. 2005– Hour Division, received on March 24, 2005; to Judgeship Needs; to the Committee on the 17) received on March 24, 2005; to the Com- the Committee on Health, Education, Labor, Judiciary. mittee on Finance. and Pensions. EC–1431. A communication from the Sec- EC–1410. A communication from the Acting EC–1421. A communication from the Dep- retary, Judicial Conference of the United Chief, Publications and Regulations Branch, uty Executive Director, Pension Benefit States, transmitting, a draft of proposed leg- Internal Revenue Service, Department of the Guaranty Corporation, transmitting, pursu- islation entitled ‘‘Federal Judgeship Act of Treasury, transmitting, pursuant to law, the ant to law, the report of a rule entitled 2005’’; to the Committee on the Judiciary. report of a rule entitled ‘‘Applicable Federal ‘‘Benefits Payable in Terminated Single-Em- EC–1432. A communication from the Assist- Rates—April 2005’’ (Rev. Rul. 2005-23) re- ployer Plans; Allocation of Assets in Single- ant Attorney General, Office of Legislative ceived on March 24, 2005; to the Committee Employer Plans; Interest Assumptions for Affairs, Department of Justice, transmit- on Finance. Valuing and Paying Benefits’’ received ting, pursuant to law, the Annual Report of EC–1411. A communication from the Acting March 18, 2005; to the Committee on Health, the Office of the Juvenile Justice and Delin- Chief, Publications and Regulations Branch, Education, Labor, and Pensions. quency Prevention for 2003–2004; to the Com- Internal Revenue Service, Department of the EC–1422. A communication from the Direc- mittee on the Judiciary. Treasury, transmitting, pursuant to law, the tor, Regulations Policy and Management EC–1433. A communication from the Assist- report of a rule entitled ‘‘Time and Manner Staff, Food and Drug Administration, De- ant Chief, Regulations and Procedures Divi- of Making Section 163(d)(4)(B) Election to partment of Health and Human Services, sion, Alcohol and Tobacco Tax and Trade Bu- Treat Qualified Dividend Income as Invest- transmitting, pursuant to law, the report of reau, Department of the Treasury, transmit- ment Income’’ ((RIN1545aa–BD30) (TD 9191)) a rule entitled ‘‘Establishment and Mainte- ting, pursuant to law, the report of a rule en- received on March 24, 2005; to the Committee nance of Records Under the Public Health titled ‘‘Establishment of the Trinity Lakes on Finance. Security and Bioterrorism Preparedness and Viticultural Area’’ (RIN1513–AA29) received EC–1412. A communication from the Acting Response Act of 2002; Correction’’ (Docket on March 18, 2005; to the Committee on the Chief, Publications and Regulations Branch, No. 2002N–0277) received on March 18, 2005; to Judiciary. Internal Revenue Service, Department of the the Committee on Health, Education, Labor, EC–1434. A communication from the Acting Treasury, transmitting, pursuant to law, the and Pensions. Under Secretary of Defense, transmitting, report of a rule entitled ‘‘Fringe Benefits EC–1423. A communication from the Direc- pursuant to law, a report entitled ‘‘Fiscal Aircraft Valuation Formula’’ (Rev. Rul. 2005– tor, Regulations Policy and Management Year 2004 Competitive Sourcing Efforts’’; to 14) received on March 28, 2005; to the Com- Staff, Food and Drug Administration, De- the Committee on Armed Services. mittee on Finance. partment of Health and Human Services, EC–1435. A communication from the Prin- EC–1413. A communication from the Acting transmitting, pursuant to law, the report of cipal Deputy, Personnel and Readiness, Of- Chief, Publications and Regulations Branch, a rule entitled ‘‘Food Additives Permitted fice of the Under Secretary of Defense, trans- Internal Revenue Service, Department of the for Direct Addition to Food for Human Con- mitting, pursuant to law, the Department’s Treasury, transmitting, pursuant to law, the sumption; Acacia (Gum Arabic)’’ (Docket No. annual audit of the American Red Cross report of a rule entitled ‘‘Section 704(c), In- 2003F–0023) received on March 18, 2005; to the (ARC) consolidated financial statements for stallment Obligations and Contributed Con- Committee on Health, Education, Labor, and the year ending June 30, 2004; to the Com- tracts’’ ((RIN1545–BB65) (T.D. 9193)) received Pensions. mittee on Armed Services. on March 28, 2005; to the Committee on Fi- EC–1424. A communication from the Direc- EC–1436. A communication from the Assist- nance. tor, Regulations Policy and Management ant Secretary of Defense, transmitting, pur- EC–1414. A communication from the Acting Staff, Food and Drug Administration, De- suant to law, the Department’s annual re- Chief, Publications and Regulations Branch, partment of Health and Human Services, port on the quality of health care provided Internal Revenue Service, Department of the transmitting, pursuant to law, the report of by the health care programs of the Depart- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Secondary Direct Food Addi- ment of Defense (DOD) during fiscal year report of a rule entitled ‘‘AMT and Refi- tives Permitted in Food for Human Con- 2003; to the Committee on Armed Services. nanced Mortgage Interest’’ (Rev. Rul. 2005– sumption ‘‘ (Docket No. 2003F–0535) received EC–1437. A communication from the Acting 11) received on March 28, 2005; to the Com- on March 18, 2005; to the Committee on Director, Office of Personnel Management mittee on Finance. Health, Education, Labor, and Pensions. and the Senior Executive, National Security

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3147 Personnel System, Department of Defense, ties; to the Committee on Homeland Secu- By Mr. COLEMAN: transmitting, pursuant to law, a report enti- rity and Governmental Affairs. S. 694. A bill to amend the Workforce In- tled ‘‘Comments on Proposed Regulations for EC–1450. A communication from the Chair- vestment Act of 1998 to provide for a job the National Security Personnel System man of the Council of the District of Colum- training grant pilot program; to the Com- From Unions Representing DoD Employees’’; bia, transmitting, pursuant to law, a report mittee on Health, Education, Labor, and to the Committee on Armed Services. on D.C. Act 16–48, ‘‘Washington Convention Pensions. EC–1438. A communication from the Dep- Center Authority Advisory Committee Con- By Mr. COCHRAN (for himself and Mr. uty Secretary of Defense, transmitting, pur- tinuity Temporary Amendment Act of 2005’’; BYRD): suant to law, a report on the military oper- to the Committee on Homeland Security and S. 695. A bill to suspend temporarily new ations of the Armed Forces and the recon- Governmental Affairs. shipper bonding privileges; to the Committee struction activities of the Department in EC–1451. A communication from the Chair- on Finance. Iraq and Afghanistan; to the Committee on man of the Council of the District of Colum- f Armed Services. bia, transmitting, pursuant to law, a report EC–1439. A communication from the Prin- on D.C. Act 16–47, ‘‘Terrorism Prevention in SUBMISSION OF CONCURRENT AND cipal Deputy, Office of the Under Secretary Hazardous Materials Transportation Tem- SENATE RESOLUTIONS of Defense for Personnel and Readiness, De- porary Act of 2005’’; to the Committee on The following concurrent resolutions partment of Defense, transmitting, pursuant Homeland Security and Governmental Af- and Senate resolutions were read, and to law, the approval of the wearing of the in- fairs. signia of the grade of lieutenant general; to EC–1452. A communication from the Chair- referred (or acted upon), as indicated: the Committee on Armed Services. man of the Council of the District of Colum- By Mr. REID (for himself, Mr. FRIST, EC–1440. A communication from the Prin- bia, transmitting, pursuant to law, a report Mr. SHELBY, and Mr. SESSIONS): cipal Deputy, Office of the Under Secretary on D.C. Act 16–46, ‘‘Electronic Recording S. Res. 93. A resolution relative to the of Defense for Personnel and Readiness, De- Procedures and Penalties Temporary Act of death of Howell T. Heflin, former United partment of Defense, transmitting, pursuant 2005’’; to the Committee on Homeland Secu- States Senator for the State of Alabama; to law, the approval of the wearing of the in- rity and Governmental Affairs. considered and agreed to. signia of the grade of vice admiral; to the EC–1453. A communication from the Chair- By Mr. BROWNBACK (for himself, Mr. Committee on Armed Services. man of the Council of the District of Colum- BUNNING, Mr. BURNS, Mr. CHAMBLISS, EC–1441. A communication from the Prin- bia, transmitting, pursuant to law, a report Mrs. CLINTON, Mr. CORNYN, Mr. cipal Deputy, Office of the Under Secretary on D.C. Act 16–49, ‘‘Abatement of Nuisance DEMINT, Mr. DOMENICI, Mr. ENZI, Mr. of Defense for Personnel and Readiness, De- Construction Projects Temporary Amend- GRASSLEY, Mr. KERRY, Mr. KOHL, Mr. partment of Defense, transmitting, pursuant ment Act of 2005’’; to the Committee on MARTINEZ, Mr. THUNE, Mr. DURBIN, to law, the approval of the wearing of the in- Homeland Security and Governmental Af- and Mr. NELSON of Nebraska): signia of the grade of vice admiral; to the fairs. S. Res. 94. A resolution honoring Pope Committee on Armed Services. John Paul II; to the Committee on the Judi- EC–1442. A communication from the Sec- f ciary. retary of Defense, transmitting, the report of INTRODUCTION OF BILLS AND f a retirement; to the Committee on Armed JOINT RESOLUTIONS Services. ADDITIONAL COSPONSORS EC–1443. A communication from the Direc- The following bills and joint resolu- S. 37 tor, Defense Procurement and Acquisition tions were introduced, read the first At the request of Mrs. FEINSTEIN, the Policy, Department of Defense, transmit- and second times by unanimous con- names of the Senator from New Jersey ting, pursuant to law, the report of a rule en- sent, and referred as indicated: titled ‘‘Provision of Information to Coopera- (Mr. CORZINE), the Senator from North By Mr. COCHRAN (for himself, Mrs. tive Agreement Holders’’ (DFARS Case 2004– Dakota (Mr. DORGAN) and the Senator LINCOLN, and Mr. LUGAR): D025) received on March 18, 2005; to the Com- from Maine (Ms. SNOWE) were added as mittee on Armed Services. S. 688. A bill to amend the Internal Rev- enue Code of 1986 to clarify the excise tax ex- cosponsors of S. 37, a bill to extend the EC–1444. A communication from the Chair- special postage stamp for breast cancer man, Federal Maritime Commission, trans- emptions for aerial applicators of fertilizers mitting, pursuant to law, the Commission’s or other substances; to the Committee on Fi- research for 2 years. Final Annual Performance Plan for Fiscal nance. S. 109 Year 2006; to the Committee on Homeland By Mr. DOMENICI (for himself, Mr. At the request of Ms. LANDRIEU, her Security and Governmental Affairs. BINGAMAN, and Mr. HAGEL): name was withdrawn as a cosponsor of EC–1445. A communication from the Direc- S. 689. A bill to amend the Safe Drinking Water Act to establish a program to provide S. 109, a bill entitled the ‘‘Pharma- tor, Office of Government Ethics, transmit- ceutical Market Access Act of 2005’’. ting, pursuant to law, a report entitled assistance to small communities for use in ‘‘Evaluating the Financial Disclosure Proc- carrying out projects and activities nec- S. 132 ess for Employees of the Executive Branch, essary to achieve or maintain compliance At the request of Mrs. LINCOLN, the and Recommending Improvements to It’’; to with drinking water standards; to the Com- name of the Senator from Illinois (Mr. mittee on Environment and Public Works. the Committee on Homeland Security and OBAMA) was added as a cosponsor of S. Governmental Affairs. By Mr. DOMENICI: S. 690. A bill to amend the Transportation 132, a bill to amend the Internal Rev- EC–1446. A communication from the Gen- enue Code of 1986 to allow a deduction eral Counsel, Office of Management and Equity Act for the 21st Century to provide Budget, Executive Office of the President, from the Highway Trust Fund additional for premiums on mortgage insurance. transmitting, pursuant to law, the report of funding for Indian reservation roads, and for S. 147 a vacancy in the position of Controller, re- other purposes; to the Committee on Indian At the request of Mr. AKAKA, the ceived on March 28, 2005; to the Committee Affairs. name of the Senator from North Da- By Mr. DOMENICI (for himself, Mr. on Homeland Security and Governmental Af- kota (Mr. DORGAN) was added as a co- fairs. NELSON of Florida, Mr. SANTORUM, EC–1447. A communication from the Sec- Mr. ENSIGN, Mr. MARTINEZ, Mr. sponsor of S. 147, a bill to express the retary of Health and Human Services, trans- ALLEN, Mr. LIEBERMAN, Mr. LAUTEN- policy of the United States regarding mitting, pursuant to law, the Department’s BERG, and Mr. BUNNING): the United States relationship with Fiscal Year 2004 Performance Report for the S. 691. A bill to modify the prohibition on Native Hawaiians and to provide a Animal Drug User Fee Act; to the Com- recognition by United States courts of cer- process for the recognition by the mittee on Homeland Security and Govern- tain rights relating to certain marks, trade United States of the Native Hawaiian mental Affairs. names, or commercial names; to the Com- governing entity. EC–1448. A communication from the Sec- mittee on the Judiciary. retary of Health and Human Services, trans- By Mr. DOMENICI: S. 185 mitting, pursuant to law, a report entitled S. 692. A bill to provide for the conveyance At the request of Mr. NELSON of Flor- ‘‘Performance Improvement 2003: Evaluation of certain public land in northwestern New ida, the names of the Senator from Activities of the U.S. Department of Health Mexico by resolving a dispute associated Washington (Ms. CANTWELL) and the and Human Services’’; to the Committee on with coal preference right lease interests on Senator from Colorado (Mr. SALAZAR) Homeland Security and Governmental Af- the land; to the Committee on Indian Af- were added as cosponsors of S. 185, a fairs. fairs. bill to amend title 10, United States EC–1449. A communication from the Assist- By Mr. CORNYN: ant Secretary, Policy, Management and S. 693. A bill to provide for judicial review Code, to repeal the requirement for the Budget, Department of the Interior, trans- of national security letters issued to wire reduction of certain Survivor Benefit mitting, pursuant to law, a report on the De- and electronic communications service pro- Plan annuities by the amount of department’s inventory of commercial activi- viders; to the Committee on the Judiciary. pendency and indemnity compensation

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3148 CONGRESSIONAL RECORD — SENATE April 4, 2005 and to modify the effective date for land (Mr. REED), the Senator from Con- of S. 386, a bill to direct the Secretary paid-up coverage under the Survivor necticut (Mr. LIEBERMAN), the Senator of State to carry out activities that Benefit Plan. from Michigan (Ms. STABENOW) and the promote the adoption of technologies S. 217 Senator from Michigan (Mr. LEVIN) that reduce greenhouse gas intensity in At the request of Mr. BINGAMAN, the were added as cosponsors of S. 338, a developing countries, while promoting name of the Senator from Utah (Mr. bill to provide for the establishment of economic development, and for other HATCH) was added as a cosponsor of S. a Bipartisan Commission on Medicaid. purposes. 217, a bill to amend title 49, United S. 340 S. 387 States Code, to preserve the essential At the request of Mr. LUGAR, the At the request of Mr. HAGEL, the air service program. name of the Senator from New Mexico name of the Senator from Alaska (Ms. S. 241 (Mr. DOMENICI) was added as a cospon- MURKOWSKI) was added as a cosponsor At the request of Ms. SNOWE, the sor of S. 340, a bill to maintain the free of S. 387, a bill to amend the Internal names of the Senator from North Da- flow of information to the public by Revenue Code of 1986 to provide tax in- kota (Mr. DORGAN), the Senator from providing conditions for the federally centives for the investment in green- Michigan (Mr. LEVIN), the Senator compelled disclosure of information by house gas intensity reduction projects, from Mississippi (Mr. LOTT), the Sen- certain persons connected with the and for other purposes. ator from Nebraska (Mr. NELSON), the news media. S. 388 Senator from Kansas (Mr. ROBERTS) S. 352 At the request of Mr. HAGEL, the and the Senator from Maryland (Mr. name of the Senator from Alaska (Ms. SARBANES) were added as cosponsors of At the request of Ms. MIKULSKI, the S. 241, a bill to amend section 254 of the names of the Senator from North Da- MURKOWSKI) was added as a cosponsor Communications Act of 1934 to provide kota (Mr. CONRAD), the Senator from of S. 388, a bill to amend the Energy that funds received as universal service Delaware (Mr. CARPER) and the Senator Policy Act of 1992 to direct the Sec- contributions and the universal service from New Jersey (Mr. LAUTENBERG) retary of Energy to carry out activities support programs established pursuant were added as cosponsors of S. 352, a that promote the adoption of tech- to that section are not subject to cer- bill to revise certain requirements for nologies that reduce greenhouse gas in- tain provisions of title 31, United H–2B employers and require submission tensity and to provide credit-based fi- States Code, commonly known as the of information regarding H–2B non-im- nancial assistance and investment pro- Antideficiency Act. migrants, and for other purposes. tection for projects that employ advanced climate technologies or sys- S. 304 S. 359 tems, to provide for the establishment At the request of Mr. LAUTENBERG, At the request of Mr. CRAIG, the the name of the Senator from Wash- name of the Senator from Maryland of a national greenhouse gas registry, ington (Mrs. MURRAY) was added as a (Ms. MIKULSKI) was added as a cospon- and for other purposes. cosponsor of S. 304, a bill to amend sor of S. 359, a bill to provide for the S. 408 title 18, United States Code, to prohibit adjustment of status of certain foreign At the request of Mr. DEWINE, the certain interstate conduct relating to agricultural workers, to amend the Im- name of the Senator from Massachu- exotic animals. migration and Nationality Act to re- setts (Mr. KENNEDY) was added as a co- S. 308 form the H–2A worker program under sponsor of S. 408, a bill to provide for At the request of Mr. LAUTENBERG, that Act, to provide a stable, legal ag- programs and activities with respect to the name of the Senator from New ricultural workforce, to extend basic the prevention of underage drinking. York (Mr. SCHUMER) was added as a co- legal protections and better working S. 420 sponsor of S. 308, a bill to require that conditions to more workers, and for At the request of Mr. HAGEL, his Homeland Security grants related to other purposes. name was added as a cosponsor of S. terrorism preparedness and prevention S. 362 420, a bill to make the repeal of the es- be awarded based strictly on an assess- At the request of Mr. INOUYE, the tate tax permanent. ment of risk, threat, and name of the Senator from Hawaii (Mr. S. 424 vulnerabilities. AKAKA) was added as a cosponsor of S. At the request of Mr. HAGEL, his S. 324 362, a bill to establish a program within name was added as a cosponsor of S. At the request of Mr. AKAKA, the the National Oceanic and Atmospheric 424, a bill to amend the Public Health name of the Senator from New York Administration and the United States Service Act to provide for arthritis re- (Mr. SCHUMER) was added as a cospon- Coast Guard to help identify, deter- search and public health, and for other sor of S. 324, a bill to provide addi- mine sources of, assess, reduce, and purposes. tional protections for recipients of the prevent marine debris and its adverse S. 495 earned income tax credit. impacts on the marine environment At the request of Mr. CORZINE, the S. 333 and navigation safety, in coordination names of the Senator from Vermont At the request of Mr. SANTORUM, the with non-Federal entities, and for (Mr. JEFFORDS) and the Senator from names of the Senator from Louisiana other purposes. New Mexico (Mr. BINGAMAN) were (Mr. VITTER) and the Senator from S. 369 added as cosponsors of S. 495, a bill to Michigan (Ms. STABENOW) were added At the request of Mr. DODD, the name impose sanctions against perpetrators as cosponsors of S. 333, a bill to hold of the Senator from Wisconsin (Mr. of crimes against humanity in Darfur, the current regime in Iran accountable FEINGOLD) was added as a cosponsor of for its threatening behavior and to sup- Sudan, and for other purposes. S. 369, a bill to establish protections port a transition to democracy in Iran. S. 515 against compelled disclosure of S. 337 At the request of Mr. BYRD, the sources, and news information, by per- At the request of Mr. GRAHAM, the names of the Senator from Wisconsin sons providing services for the news name of the Senator from Minnesota (Mr. FEINGOLD), the Senator from Or- media. (Mr. COLEMAN) was added as a cospon- egon (Mr. WYDEN) and the Senator sor of S. 337, a bill to amend title 10, S. 382 from Montana (Mr. BAUCUS) were added United States Code, to revise the age At the request of Mrs. MURRAY, her as cosponsors of S. 515, a bill to amend and service requirements for eligibility name was added as a cosponsor of S. title 32, United States Code, to increase to receive retired pay for non-regular 382, a bill to amend title 18, United the maximum Federal share of the service, to expand certain authorities States Code, to strengthen prohibitions costs of State programs under the Na- to provide health care benefits for Re- against animal fighting, and for other tional Guard Youth Challenge Pro- serves and their families, and for other purposes. gram, and for other purposes. purposes. S. 386 S. 520 S. 338 At the request of Mr. HAGEL, the At the request of Mr. SHELBY, the At the request of Mr. SMITH, the name of the Senator from Alaska (Ms. name of the Senator from Montana names of the Senator from Rhode Is- MURKOWSKI) was added as a cosponsor (Mr. BURNS) was added as a cosponsor

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3149 of S. 520, a bill to limit the jurisdiction Scouts of America, and for other pur- projects and activities necessary to of Federal courts in certain cases and poses. achieve or maintain compliance with promote federalism. S. 662 drinking water standards; to the Com- S. 521 At the request of Ms. COLLINS, the mittee on Environment and Public At the request of Mrs. HUTCHISON, the name of the Senator from Maine (Ms. Works. names of the Senator from New Jersey SNOWE) was added as a cosponsor of S. Mr. DOMENICI. Mr. President, com- (Mr. CORZINE) and the Senator from 662, a bill to reform the postal laws of munities within the State of New Mex- Delaware (Mr. BIDEN) were added as co- the United States. ico and throughout the country will sponsors of S. 521, a bill to amend the S. 677 soon be faced with a costly situation Public Health Service Act to direct the At the request of Mr. SANTORUM, the that was not of their making. Begin- Secretary of Health and Human Serv- names of the Senator from Texas (Mr. ning in 2006, Federal drinking water ices to establish, promote, and support CORNYN), the Senator from Minnesota regulations established by the EPA a comprehensive prevention, research, (Mr. COLEMAN) and the Senator from will require substantial reductions in and medical management referral pro- Mississippi (Mr. COCHRAN) were added the amount of arsenic present in that gram for hepatitis C virus infection. as cosponsors of S. 677, a bill to amend water. Today the limit is 50 parts per S. 542 title VII of the Civil Rights Act of 1964 billion in 2006 it will be 10 parts per bil- At the request of Mr. DORGAN, the to establish provisions with respect to lion. Arsenic is indeed a poison when name of the Senator from Oregon (Mr. religious accommodation in employ- ingested at high amounts. It is also WYDEN) was added as a cosponsor of S. ment, and for other purposes. naturally occurring in much of the groundwater throughout the nation. 542, a bill to amend the Internal Rev- S. CON. RES. 8 Indeed, in Albuquerque, NM, the nat- enue code of 1986 to extend for 5 years At the request of Mr. SARBANES, the the credit for electricity produced from ural levels of arsenic are around 13 name of the Senator from Oregon (Mr. parts per billion. This illustrates the certain renewable resources, and for WYDEN) was added as a cosponsor of S. other purposes. problem that the new standards will Con. Res. 8, a concurrent resolution ex- create. S. 576 pressing the sense of Congress that The bill that I introduce today recog- At the request of Mr. BYRD, the there should continue to be parity be- nizes that in some parts of America, names of the Senator from California tween the adjustments in the pay of the burden will be too great for some (Mrs. BOXER) and the Senator from members of the uniformed services and communities to bear. New Jersey (Mr. LAUTENBERG) were the adjustments in the pay of civilian added as cosponsors of S. 576, a bill to employees of the United States. The bill does the following: (1) finds that small communities may not have restore the prohibition on the commer- S. RES. 31 the resources to meet the new arsenic cial sale and slaughter of wild free- At the request of Mr. COLEMAN, the roaming horses and burros. standards and that Federal programs names of the Senator from Missouri are not in place to address the issue; (2) S. 601 (Mr. BOND) and the Senator from Mis- creates a grant program for many At the request of Mr. CONRAD, the souri (Mr. TALENT) were added as co- small communities to help upgrade names of the Senator from Florida (Mr. sponsors of S. Res. 31, a resolution ex- their water systems; (3) ensures that NELSON), the Senator from Colorado pressing the sense of the Senate that not less than 20 percent of the grant (Mr. SALAZAR) and the Senator from the week of August 7, 2005, be des- monies go to communities with less Louisiana (Ms. LANDRIEU) were added ignated as ‘‘National Health Center than 50,000 residents; and (4) authorizes as cosponsors of S. 601, a bill to amend Week’’ in order to raise awareness of appropriations of $1.9 billion for FY2006 the Internal Revenue Code of 1986 to in- health services provided by commu- and for each year through FY2011. clude combat pay in determining an al- nity, migrant, public housing, and Let me tell you more about this lowable contribution to an individual homeless health centers, and for other problem. In New Mexico, the geology, retirement plan. purposes. the make up of the rocks and dirt, re- S. 633 S. RES. 82 sults in relatively high levels of ar- At the request of Mr. JOHNSON, the At the request of Mr. ALLEN, the senic in the groundwater. However, names of the Senator from Oregon (Mr. names of the Senator from Pennsyl- over time, New Mexico residents have WYDEN), the Senator from Arkansas vania (Mr. SANTORUM), the Senator not experienced higher levels of dis- (Mrs. LINCOLN) and the Senator from from Nevada (Mr. ENSIGN), the Senator eases associated with arsenic. Rhode Island (Mr. CHAFEE) were added from Louisiana (Mr. VITTER), the Sen- Be that as it may, the standard is in as cosponsors of S. 633, a bill to require ator from Michigan (Ms. STABENOW), our future and many small commu- the Secretary of the Treasury to mint the Senator from Louisiana (Ms. LAN- nities throughout New Mexico and the coins in commemoration of veterans DRIEU) and the Senator from Georgia west will not be able to meet the re- who became disabled for life while (Mr. CHAMBLISS) were added as cospon- sulting financial burden. I am sure that serving in the Armed Forces of the sors of S. Res. 82, a resolution urging if we have to fix our water plants to United States. the European Union to add Hezbollah meet the EPA’s new standards, some in S. 635 to the Eurpoean Union’s wide-ranging villages of 100 people where they have a At the request of Mr. SANTORUM, the list of terrorist organizations. small water system and no other water name of the Senator from New Mexico S. RES. 85 source, it will create a significant fi- (Mr. BINGAMAN) was added as a cospon- At the request of Mr. THOMAS, the nancial burden. Because of this, I be- sor of S. 635, a bill to amend title XVIII names of the Senator from Idaho (Mr. lieve it is important to aid commu- of the Social Security Act to improve CRAIG) and the Senator from Colorado nities in meeting the coming stand- the benefits under the medicare pro- (Mr. ALLARD) were added as cosponsors ards. gram for beneficiaries with kidney dis- of S. Res. 85, a resolution designating The financial burden facing many ease, and for other purposes. July 23, 2005, and July 22, 2006, as ‘‘Na- communities and individuals is great. S. 642 tional Day of the American Cowboy’’. The new standards could cost New At the request of Mr. FRIST, the f Mexico communities between $370 mil- names of the Senator from North Caro- lion and $440 million to improve treat- lina (Mrs. DOLE), the Senator from Wy- STATEMENTS ON INTRODUCED ment systems, plus $18 million a year oming (Mr. THOMAS), the Senator from BILLS AND JOINT RESOLUTIONS in operating costs. Albuquerque, NM, is North Carolina (Mr. BURR), the Senator By Mr. DOMENICI (for himself, looking at having to spend up to $150 from Louisiana (Ms. LANDRIEU) and the Mr. BINGAMAN, and Mr. HAGEL): million to come into compliance; Rio Senator from Mississippi (Mr. COCH- S. 689. A bill to amend the Safe Rancho is facing $60 million in im- RAN) were added as cosponsors of S. 642, Drinking Water Act to establish a pro- provements. Many small communities a bill to support certain national youth gram to provide assistance to small in New Mexico and throughout the organizations, including the Boy communities for use in carrying out west are facing increases in their water

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3150 CONGRESSIONAL RECORD — SENATE April 4, 2005 bills of $50 to $90 a month per indi- ‘‘(1) ELIGIBLE ACTIVITY.— ‘‘(3) SMALL COMMUNITIES.—In making vidual. I need not say that most people ‘‘(A) IN GENERAL.—The term ‘eligible activ- grants under this section, the Administrator cannot afford such an increase. ity’ means a project or activity concerning a shall ensure that not less 20 percent of grant Most of the technologies needed for small public water system that is carried out funds provided for each fiscal year are used water systems to remain in compliance by an eligible entity to comply with drink- to carry out eligible activities in commu- ing water standards. nities with a population of less than 50,000 with the new requirements are ad- ‘‘(B) INCLUSIONS.—The term ‘eligible activ- individuals. vanced and will require a significant ity’ includes— ‘‘(b) APPLICATION PROCESS.— increase in the level of training and ex- ‘‘(i) obtaining technical assistance; and ‘‘(1) IN GENERAL.—An eligible entity that pertise of the public water system op- ‘‘(ii) training and certifying operators of seeks to receive a grant under the Program erators in New Mexico and throughout small public water systems. shall submit to the Administrator, on such the Nation. This legislation will help ‘‘(C) EXCLUSION.—The term ‘eligible activ- form as the Administrator shall prescribe these communities in upgrading their ity’ does not include any project or activity (not to exceed 3 pages in length), an applica- systems and training their people. to increase the population served by a small tion to receive the grant. We are forcing communities to com- public water system, except to the extent ‘‘(2) COMPONENTS.—The application shall that the Administrator determines such a ply with drinking water standards that include— project or activity to be necessary to— ‘‘(A) a description of the eligible activities many believe will not increase public ‘‘(i) achieve compliance with a national health. The least we can do is help for which the grant is needed; primary drinking water regulation; and ‘‘(B) a description of the efforts made by them meet the burden. ‘‘(ii) provide a water supply to a population the eligible entity, as of the date of submis- I ask unanimous consent that my that, as of the date of enactment of this sion of the application, to comply with statement and the text of the bill be part, is not served by a safe public water sys- drinking water standards; and printed in the RECORD. tem. ‘‘(C) any other information required to be There being no objection, the bill was ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible included by the Administrator. entity’ means a small public water system ordered to be printed in the RECORD, as ‘‘(3) REVIEW AND APPROVAL OF APPLICA- that— follows: TIONS.— ‘‘(A) is located in a State or an area gov- ‘‘(A) IN GENERAL.—On receipt of an applica- S. 689 erned by an Indian Tribe; and Be it enacted by the Senate and House of Rep- tion under paragraph (1), the Administrator ‘‘(B)(i) if located in a State, serves a com- shall forward the application to the Council. resentatives of the United States of America in munity that, under affordability criteria es- ‘‘(B) APPROVAL OR DISAPPROVAL.—Not later Congress assembled, tablished by the State under section than 90 days after receiving the rec- SECTION 1. SHORT TITLE. 1452(d)(3), is determined by the State to be— ommendations of the Council under sub- This Act may be cited as the ‘‘Community ‘‘(I) a disadvantaged community; or section (e) concerning an application, after Drinking Water Assistance Act’’. ‘‘(II) a community that may become a dis- taking into consideration the recommenda- SEC. 2. FINDINGS. advantaged community as a result of car- tions, the Administrator shall— Congress finds that— rying out an eligible activity; or ‘‘(i) approve the application and award a (1) drinking water standards proposed and ‘‘(ii) if located in an area governed by an grant to the applicant; or in effect as of the date of enactment of this Indian Tribe, serves a community that is de- ‘‘(ii) disapprove the application. Act will place a large financial burden on termined by the Administrator, under afford- many public water systems, especially those ability criteria published by the Adminis- ‘‘(C) RESUBMISSION.—If the Administrator public water systems in rural communities trator under section 1452(d)(3) and in con- disapproves an application under subpara- serving small populations; sultation with the Secretary, to be— graph (B)(ii), the Administrator shall— (2) the limited scientific, technical, and ‘‘(I) a disadvantaged community; or ‘‘(i) inform the applicant in writing of the professional resources available in small ‘‘(II) a community that the Administrator disapproval (including the reasons for the communities complicate the implementation expects to become a disadvantaged commu- disapproval); and of regulatory requirements; nity as a result of carrying out an eligible ‘‘(ii) provide to the applicant a deadline by (3) small communities often cannot afford activity. which the applicant may revise and resubmit to meet water quality standards because of ‘‘(3) PROGRAM.—The term ‘Program’ means the application. the expenses associated with upgrading pub- the small public water assistance program ‘‘(c) COST SHARING.— lic water systems and training personnel to established under section 1472(a). ‘‘(1) IN GENERAL.—Except as provided in operate and maintain the public water sys- ‘‘(4) SECRETARY.—The term ‘Secretary’ paragraph (2), the Federal share of the cost tems; means the Secretary of Health and Human of carrying out an eligible activity using (4) small communities do not have a tax Services, acting through the Director of the funds from a grant provided under the Pro- base for dealing with the costs of upgrading Indian Health Service. gram shall not exceed 90 percent. their public water systems; ‘‘(5) SMALL PUBLIC WATER SYSTEM.—The ‘‘(2) WAIVER.—The Administrator may (5) small communities face high per capita term ‘small public water system’ means a waive the requirement to pay the non-Fed- costs in improving drinking water quality; public water system (including a community eral share of the cost of carrying out an eli- (6) small communities would greatly ben- water system and a noncommunity water gible activity using funds from a grant pro- efit from a grant program designed to pro- system) that serves— vided under the Program if the Adminis- vide funding for water quality projects; ‘‘(A) a community with a population of not trator determines that an eligible entity is (7) as of the date of enactment of this Act, more than 200,000 individuals; or unable to pay, or would experience signifi- there is no Federal program in effect that ‘‘(B) a public water system located in— cant financial hardship if required to pay, adequately meets the needs of small, pri- ‘‘(i) Bernalillo or Sandoval County, New the non-Federal share. marily rural communities with respect to Mexico; ‘‘(d) ENFORCEMENT AND IMPLEMENTATION OF public water systems; and ‘‘(ii) Scottsdale, Arizona; STANDARDS.— (8) since new, more protective arsenic ‘‘(iii) Mesquite or Washoe County, Nevada; ‘‘(1) IN GENERAL.—Subject to paragraph (2), drinking water standards proposed by the or the Administrator shall not enforce any Clinton and Bush administrations, respec- ‘‘(iv) El Paso County, Texas. standard for drinking water under this Act tively, are expected to be implemented in ‘‘SEC. 1472. SMALL PUBLIC WATER SYSTEM AS- (including a regulation promulgated under 2006, the grant program established by the SISTANCE PROGRAM. this Act) against an eligible entity during amendment made by this Act should be im- ‘‘(a) ESTABLISHMENT.— the period beginning on the date on which plemented in a manner that ensures that the ‘‘(1) IN GENERAL.—Not later than 1 year the eligible entity submits an application for implementation of those new standards is after the date of enactment of this part, the a grant under the Program and ending, as ap- not delayed. Administrator shall establish a program to plicable, on— SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER provide grants to eligible entities for use in ‘‘(A) the deadline specified in subsection SYSTEMS. carrying out projects and activities to com- (b)(3)(C)(ii), if the application is disapproved (a) DEFINITION OF INDIAN TRIBE.—Section ply with drinking water standards. and not resubmitted; or 1401(14) of the Safe Drinking Water Act (42 ‘‘(2) PRIORITY.—Subject to paragraph (3), ‘‘(B) the date that is 3 years after the date U.S.C. 300f(14)) is amended in the second sen- the Administrator shall award grants under on which the eligible entity receives a grant tence by striking ‘‘1452,’’ and inserting ‘‘1452 the Program to eligible entities based on— under this part, if the application is ap- and part G,’’. ‘‘(A) first, the financial need of the com- proved. (b) ESTABLISHMENT OF PROGRAM.—The Safe munity for the grant assistance, as deter- ‘‘(2) ARSENIC STANDARDS.—No standard for Drinking Water Act (42 U.S.C. 300f et seq.) is mined by the Administrator; and arsenic in drinking water promulgated under amended by adding at the end the following: ‘‘(B) second, with respect to the commu- this Act (including a standard in any regula- ‘‘PART G—ASSISTANCE FOR SMALL nity in which the eligible entity is located, tion promulgated before the date of enact- PUBLIC WATER SYSTEMS the per capita cost of complying with drink- ment of this part) shall be implemented or ‘‘SEC. 1471. DEFINITIONS. ing water standards, as determined by the enforced by the Administrator in any State ‘‘In this part: Administrator. until the earlier of January 1, 2006 or such

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3151 date as the Administrator certifies to Con- increases, I am keenly aware of com- Equity Act for the 21st Century (112 Stat. gress that— peting needs around the country for 112) is amended by striking ‘‘of such title’’ ‘‘(A) the Program has been implemented in medical research, economic stimulus, and all that follows and inserting ‘‘of that title— the State; and and for our national defense, to name ‘‘(B) the State has made substantial ‘‘(i) $225,000,000 for fiscal year 1998; progress, as determined by the Adminis- just a few. Therefore, I am compelled ‘‘(ii) $275,000,000 for each of fiscal years 1999 trator in consultation with the Governor of to recommend increases for the IRR through 2003; the State, in complying with drinking water program that are more likely to win ‘‘(iii) $330,000,000 for fiscal year 2004; standards under this Act. acceptance among my colleagues. ‘‘(iv) $360,000,000 for fiscal year 2005; ‘‘(e) ROLE OF COUNCIL.—The Council shall— For highway construction, I am rec- ‘‘(v) $390,000,000 for fiscal year 2006; ‘‘(1) review applications for grants from el- ommending an immediate increase of ‘‘(vi) $420,000,000 for fiscal year 2007; igible entities received by the Administrator $55 million in the first year to a new ‘‘(vii) $450,000,000 for fiscal year 2008; and under subsection (b); ‘‘(viii) $480,000,000 for fiscal year 2009.’’. total of $330 million. My bill would ‘‘(2) for each application, recommend to (b) ADDITIONAL AUTHORIZATION OF CON- the Administrator whether the application then increase the amount for construc- TRACT AUTHORITY FOR STATES WITH INDIAN should be approved or disapproved; and tion by $30 million each year so that RESERVATIONS.—Section 1214(d)(5)(A) of the ‘‘(3) take into consideration priority lists the program receives $480 million in Transportation Equity Act for the 21st Cen- developed by States for the use of drinking the final year of the authorization. For tury (23 U.S.C. 202 note; 112 Stat. 206) is water treatment revolving loan funds under the Indian bridge program, I am recom- amended by inserting before the period at section 1452. the end the following: ‘‘, $3,000,000 for each of mending $15 million per year, an in- fiscal years 2004 and 2005, $4,000,000 for each ‘‘SEC. 1473. AUTHORIZATION OF APPROPRIA- crease of $6 million annually. And for TIONS. of fiscal years 2006 and 2007, and $5,000,000 for ‘‘There is authorized to be appropriated to state roads that serve as key bus each of fiscal years 2008 and 2009’’. NDIAN RESERVATION ROAD BRIDGES.— carry out this part $1,900,000,000 for each of routes for Indian children, primarily on (c) I Section 202(d)(4)(B) of title 23, United States fiscal years 2006 through 2011.’’. our Nation’s largest Indian reservation—the Navajo Nation—I am recom- Code, is amended— By Mr. DOMENICI: mending increasing this vital funding (1) by striking ‘‘(B) RESERVATION.—Of the S. 690. A bill to amend the Transpor- amounts’’ and all that follows through ‘‘to from $1.5 million per year to $3 million replace,’’ and inserting the following: tation Equity Act for the 21st Century to retroactively fund fiscal years 2004 ‘‘(B) FUNDING.— to provide for the Highway Trust Fund and 2005, to $4 million in fiscal years ‘‘(i) RESERVATION OF FUNDS.—Notwith- additional funding for Indian reserva- 2006 and 2007, and $5 million for fiscal standing any other provision of law, there is tion roads, and for other purposes; to years 2008 and 2009. authorized to be appropriated from the High- the Committee on Indian Affairs. My final recommendation is to cre- way Trust Fund $15,000,000 for each of fiscal Mr. DOMENICI. Mr. President, I rise ate a rural transit program for Indian years 2004 through 2009 to carry out plan- today to introduce the ‘‘American In- reservations. Because the Federal ning, design, engineering, preconstruction, dian Reservation Transportation Im- construction, and inspection of projects to Highway Administration and the Fed- replace,’’; and provement Program Act.’’ This act will eral Transit Administration each have (2) by adding at the end the following: provide the people of Indian Country their areas of expertise that can make ‘‘(ii) AVAILABILITY.—Funds made available with the resources they need to up- such a program a success, my legisla- to carry out this subparagraph— grade their decaying road system. tion will require the two agencies to ‘‘(I) shall be available for obligation in the In 1982, when I served on the Senate work together for the benefit of the same manner as if the funds were appor- Environment and Public Works Com- tribes who participate in this program. tioned under chapter 1; and mittee, several members of the Navajo My suggestion is to fund this program ‘‘(II) shall not be used to pay any administrative costs.’’. Nation Tribal Council Committee on at $20 million. Transportation approached me with an SEC. 3. INDIAN RESERVATION RURAL TRANSIT In closing, I thank the Navajo Nation PROGRAM. interesting proposition. These Navajo Transportation Committee and the Section 5311 of title 49, United States Code, Councilmen believed the time had tribal transportation department for is amended by adding at the end the fol- come for Indian tribes to participate keeping me informed of their progress lowing: directly in our National Highway Trust and continuing needs. I believe my bill ‘‘(k) INDIAN RESERVATION RURAL TRANSIT PROGRAM.— Fund programs. will be a positive answer to their re- I agreed with these gentlemen, the ‘‘(1) DEFINITIONS.—In this subsection: quests. In addition, the Pueblo Indians ‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ Senate agreed with me, and the Con- and Apache Indians of New Mexico has the meaning given the term in section 4 gress and President Reagan approved have continuing development needs, in- of the Indian Self-Determination and Edu- Indian tribal participation in the U.S. cluding new and improved roads to cation Assistance Act (25 U.S.C. 450b). Department of Transportation highway reach their many attractions for tour- ‘‘(B) RESERVATION.—The term ‘reservation’ construction program for the first time ists and other visitors. means— in our Nation’s history. I ask my colleagues to join me in in- ‘‘(i) an Indian reservation in existence as of By the mid-1980s, Indian Reservation the date of enactment of this subsection; creasing the Indian Reservation Roads ‘‘(ii) a public domain Indian allotment; and Roads, IRR, funding was at about $100 program funds in our Federal highways million per year nationwide. By the ‘‘(iii) an Indian reservation in the State of programs to the degree I have re- Oklahoma that existed at any time before, late 1980s, however, IRR funding fell to quested in this bill. I thank my col- but is no longer in existence as of, the date about $80 million per year. In the Inter- leagues and urge their support for of enactment of this subsection. modal Surface Transportation Effi- these increases as we reauthorize TEA– ‘‘(C) SECRETARY.—The term ‘Secretary’ ciency Act, ISTEA, for the 1990s, we 21 for 6 more years. means the Secretary of Transportation, act- were able to raise this critical highway I ask unanimous consent that the ing through the Administrator of the Fed- eral Highway Administration. construction funding to about $190 mil- text of the bill be printed in the ‘‘(2) PROGRAM.—The Secretary shall estab- lion per year. RECORD. Then, in TEA–21, The Transportation lish and carry out a program to provide com- There being no objection, the bill was petitive grants to Indian tribes to establish Equity Act for the 21st Century, we ordered to be printed in the RECORD, as rural transit programs on reservations or succeeded in bringing annual IRR fund- follows: other land under the jurisdiction of the In- ing up to $275 million for fiscal years S. 690 dian tribes. 1999 through 2003. ‘‘(3) COOPERATION.—The Secretary shall— Be it enacted by the Senate and House of Rep- As we seek to promote economic op- ‘‘(A) establish and maintain intra-agency resentatives of the United States of America in cooperation between the Federal Highway portunities on our Nation’s tribal res- Congress assembled, ervations, I believe it is imperative Administration and the Federal Transit Ad- SECTION 1. SHORT TITLE. ministration in— that we once again increase this vital This Act may be cited as the ‘‘American infrastructure funding. I am aware ‘‘(i) administering tribal transit programs Indian Reservation Transportation Improve- funded by the Federal Highway Administra- that many groups have advocated for ment Program Act’’. tion; and much greater increases in funding for SEC. 2. INDIAN RESERVATION ROADS. ‘‘(ii) exploring options for the transfer of Indian Reservation Roads. While I am (a) AUTHORIZATION OF APPROPRIATIONS.— funds from the Federal Highway Administra- sympathetic to the need for such large Section 1101(a)(8)(A) of the Transportation tion to the Federal Transit Administration

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3152 CONGRESSIONAL RECORD — SENATE April 4, 2005 for the direct funding of tribal transit pro- lands in Arizona to the Hopi Tribe. manner as provided for under regulations grams; and Specifically, section 4(a)(1) will clarify promulgated by the Secretary under the ‘‘(B) establish and maintain working rela- and confirm that the Navajo Nation al- Mineral Leasing Act (30 U.S.C. 181 et seq.)) tionships with representatives of regional ready has selected the lands to which it that constitutes the combined fair market tribal technical assistance programs to en- value, as determined under section 3, of the sure proper administration of ongoing and entitled under the Navajo-Hopi Settle- coal reserves for each coal preference right future tribal transit programs carried out ment Act and has no further rights lease application withdrawn by the holder. using Federal funds. under that act to select lands in New (b) RELINQUISHMENT.—The relinquishment ‘‘(4) FUNDING.—Notwithstanding any other Mexico other than those already se- of all rights associated with the coal pref- provision of law, for each fiscal year, of the lected by the Navajo Nation in the erence lease applications withdrawn shall be amount made available to carry out this sec- 1980s. effective on the date of the issuance of the tion under section 5338 for the fiscal year, The bill also guarantees that Arch certificate of bidding rights under section the Secretary shall use $20,000,000 to carry Coal, Inc. will be compensated for the 4(a)(2). out this subsection.’’. economic value of its coal reserves. An (c) NO ADJUDICATION.—The withdrawals and issuances required under subsection (a) By Mr. DOMENICI: independent panel will make rec- shall occur without any further adjudication S. 692. A bill to provide for the con- ommendations to the Secretary of the of coal preference right lease applications by veyance of certain public land in north- Interior regarding the fair market the Secretary. western New Mexico by resolving a dis- value of the coal reserves, gives the SEC. 3. METHOD FOR DETERMINING FAIR MAR- pute associated with coal preference company bidding rights, protects a KET VALUE. right lease interests on the land; to the State’s financial interest in its share of (a) IN GENERAL.—Notwithstanding any Committee on Indian Affairs. Federal Mineral Leasing Act payments, other provision of law, this section shall Mr. DOMENICI. Mr. President, I am and allows the Navajo Nation bene- apply to the issuance of a certificate of bidding rights under section 4(a)(2). pleased today to be introducing the ficial ownership in their lands. (b) VALUE OF COAL RESERVES.— The Secretary of the Interior will Bisti PRLA Dispute Resolution Act of (1) IN GENERAL.—The fair market value of 2005, which will resolve a conflict re- issue a certificate of bidding rights to the coal reserves of any coal preference right garding coal mining leases in New Mex- Arch Coal upon relinquishment of its lease application withdrawn under section ico and which will confirm the comple- interests in the PRLAs. The amount of 2(a) shall be determined by the panel estab- tion of all Navajo Nation land selec- that certificate will equal the fair mar- lished under paragraph (2). tions in New Mexico under the Navajo- ket value of the coal reserves as de- (2) PANEL.— Hopi Settlement Act. Arch Coal Com- fined by the Department of the Inte- (A) ESTABLISHMENT.—Not later than 30 pany and the Navajo Nation have been rior’s regulations. A panel consisting of days after the date of enactment of this Act, the Secretary shall establish a panel to de- deadlocked within the Department of representatives of the Department of termine the fair market value of the coal re- the Interior appeals process regarding the Interior, Arch Coal, and the Gov- serves of any coal preference right lease ap- certain preference right lease applica- ernors of Wyoming and New Mexico plications withdrawn under section 2(a). tions, PRLAs, in the Bisti region of will help determine fair market value. (B) MEMBERSHIP.—The panel shall be com- northwestern New Mexico. When en- While the Interior Department is au- posed of 3 representatives, of whom— acted, this legislation will resolve a thorized to exchange PRLAs for bid- (i) 1 representative shall be appointed by complex set of issues arising from legal ding rights, the Department has not the Secretary; rights the Arch Coal Company acquired done so, largely because of the dif- (ii) 1 representative shall be appointed by in Federal lands, which are now situ- the holder of the preference right lease appli- ficulty it perceives in determining the cation; and ated among lands which constitute fair market value of the coal reserves. (iii) 1 representative shall be appointed by tribal property and the allotments of The panel method in this legislation the Governor of the State of New Mexico. members of the Navajo Nation. Both will promote the objectivity of that (3) MINERAL APPRAISER.—The Secretary Arch Coal and the Navajo Nation sup- process. shall contract with a qualified coal reserve port this legislation to resolve the situ- Upon the relinquishment of the appraiser to assist the panel established ation in a manner that is mutually PRLAs and the issuance of a certificate under paragraph (2)(A) in determining the beneficial. In addition, this legislation of bidding rights, the Department of fair market value of a coal reserve. will serve to mandate the completion the Interior will execute patents to the (4) SUPPLEMENTAL INFORMATION.—In deter- of a longstanding set of land selections mining the fair market value of a coal re- Navajo Nation of the lands encom- serve, the panel may supplement any infor- the Navajo Nation made under the passed by the PRLAs. This is a win-win mation provided to the panel, as the panel Navajo-Hopi Settlement Act. In 1984 situation for all parties involved, is en- determines to be appropriate. amendments to that act, Congress pro- dorsed by the affected parties, and is a (5) DETERMINATION.—Not later than 75 days vided the Navajo Nation with its final fair resolution to this ongoing problem. after the date on which the panel is estab- opportunity, within 18 months of pas- I ask unanimous consent that the lished under paragraph (2)(A), the panel shall sage of the amendments, to select text of the bill be printed in the submit to the Secretary the determination lands in New Mexico as provided in sec- RECORD. of the panel with respect to the fair market tion 11 of the Navajo-Hopi Settlement There being no objection, the bill was value of a coal reserve of any coal preference right lease application withdrawn by the Act. The Navajo Nation exercised its ordered to be printed in the RECORD, as holder. rights under the 1984 Amendments, but follows: SEC. 4. ISSUANCE OF BIDDING RIGHTS TO HOLD- since has sought to review, revise, and S. 692 ERS OF RELINQUISHED PREF- seek to select other lands to the poten- Be it enacted by the Senate and House of Rep- ERENCE RIGHT LEASE APPLICA- tial detriment of mineral lessees hold- resentatives of the United States of America in TIONS. ing leases on Federal public lands near Congress assembled, (a) IN GENERAL.—Notwithstanding any the Navajo reservation. This legisla- SECTION 1. SHORT TITLE. other provision of law, not later than 120 This Act may be cited as the ‘‘Bisti PRLA days after the withdrawal of a coal pref- tion would clarify Congress’s intent erence right lease application, the Secretary that the nation no longer has land se- Dispute Resolution Act’’. SEC. 2. WITHDRAWAL OF COAL PREFERENCE shall— lection rights available to it in New RIGHT LEASE APPLICATIONS. (1) accept the relinquishment of the rights Mexico under the Navajo-Hopi Settle- (a) IN GENERAL.—Notwithstanding any associated with the coal preference right ment Act. other provision of law, if any of the coal lease application; and There are many reasons the solution preference right lease applications captioned (2) issue a certificate of bidding rights in embodied in this bill achieves broad NMNM 3752, NMNM 3753, NMNM 3754, NMNM the amount of the fair market value deter- benefits to the interested parties and 3755, NMNM 3835, NMNM 3837, NMNM 3918, mined under section 3. the public. It will resolve a long- NMNM 3919, NMNM 6802, NMNM 7235, and (b) ENFORCEMENT.—The duties of the Sec- NMNM 8745 are withdrawn by the holder or retary under this section shall be considered standing conflict between the Navajo nondiscretionary and enforceable in a man- Nation and Arch Coal and allow the holders of the applications, the Secretary of the Interior, acting through the Bureau of damus proceeding brought under section 1361 Navajo Nation to complete the land se- Land Management (referred to in this Act as of title 28, United States Code. lections in New Mexico that were made the ‘‘Secretary’’), shall issue under section SEC. 5. USE OF EXCHANGE BIDDING RIGHTS. in the 1980s to promote tribal member 4(a)(2) to each such holder or holders a cer- (a) IN GENERAL.—Notwithstanding any resettlement following the partition of tificate of bidding rights (in such form and other provision of law—

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3153 (1) a certificate of bidding rights issued and public policy that foreign confis- entities from having access to our under section 4(a)(2) shall— catory measures must never be given courts or from registering legitimate (A) be subject to such procedures as the effect on property situated in the trademarks in the U.S. As long as the Secretary may establish pertaining to notice United States. trademark was not confiscated, the of transfer and accountings of holders and When the Castro regime took power their balances; Cuban Government can legally register (B) be transferable by the holder or holders in Cuba, it engaged in a program of any trademark it desires. Moreover, of the certificate of bidding rights in whole wholesale confiscation of property in even if the Cuban Government stole a or in part; and Cuba, including property owned by trademark in the 1960s, it can still reg- (C) constitute a monetary credit that, sub- Cuban nationals as well as by U.S. and ister the trademark in the U.S as long ject to paragraph (2), may be applied, at the other non-Cuban nationals. The Cuban as the original owner has consented. election of the holder or holders of the cer- Government also purported to extend Once revised, Section 211 is con- tificate of bidding rights, against— the effects of the confiscation to prop- sistent with all of our international (i) rentals, advance royalties, or produc- erty, such as trademarks, that the con- treaty obligations including the Inter- tion royalties payable to the Secretary under Federal coal leases; and fiscation victims owned in other coun- American Convention on Trademarks. (ii) bonus payments payable to the Sec- tries, and took other actions in an at- Article 3 of the Inter-American Con- retary in the issuance of a Federal coal lease tempt to seize control of such assets. vention expressly allows non-recogni- or Federal coal lease modification under the To protect U.S. trademarks and their tion of a trademark when such recogni- coal leasing provisions of the Mineral Leas- legitimate owners from the effects of tion would be contrary to the public ing Act (30 U.S.C. 181 et seq.); and the confiscations decreed by the Cuban order or public policy of the state in (2) in a case in which a certificate of bid- government, Congress enacted Section which recognition is sought. There is ding rights issued under section 4(a)(2) is ap- 211 of H.R. 4328, PL 105–277, in 1998. This no doubt whatsoever that allowing plied by the holder or holders of the certificate of bidding rights as a monetary credit law, referred to as Section 211, pro- title to U.S. property to be determined against a payment obligation under a Fed- hibits enforcement of U.S. rights to by a foreign confiscation violates U.S. eral coal lease, the holder or holders— trademarks confiscated by the Cuban public policy. Section 211 simply (A) may apply the bidding rights only Government, except with the consent makes it clear that the universal U.S. against 50 percent of the amount payable of the legitimate owner. Section 211 policy against giving effect to foreign under the lease; and simply made it clear that the universal confiscations of U.S. property applies (B) shall pay the remaining 50 percent as U.S. policy against giving effect to for- with equal force in the case of U.S. provided for under the lease in cash or cash eign confiscations of U.S. property ap- trademarks confiscated by Cuba. Noth- equivalent. plies with equal force in the case of (b) PAYMENT UNDER LEASE OBLIGATIONS.— ing in any treaty or in international Any payment of a Federal coal lease obliga- U.S. trademarks confiscated by Cuba. law is inconsistent with that rule of tion by the holder or holders of a certificate Section 211 was challenged in the U.S. law. of bidding rights issued under section World Trade Organization, WTO, by the I believe this piece of legislation is a 4(a)(2)— European Union, EU. In January 2002, simple technical corrections bill which (1) shall be treated as money received the WTO appellate body finally re- will ensure that a fairly simple, but under section 35 of the Mineral Leasing Act solved that challenge by finding in important, U.S. law is WTO-compliant. (30 U.S.C. 191); but favor of the United States on all points I ask unanimous consent that the (2) shall be credited and redistributed by except one. The appellate body made a text of the bill be printed in the the Secretary only as follows: (A) 50 percent of the amount paid in cash narrow finding that, because Section RECORD. or its equivalent shall be— 211 on its face does not apply to U.S. There being no objection, the bill was (i) distributed to the State in which the nationals, it is inconsistent with the ordered to be printed in the RECORD, as lease is located; and national-treatment and most-favored- follows: (ii) treated as a redistribution under sec- nation principles under the TRIPs S. 691 tion 35 of the Mineral Leasing Act (30 U.S.C. Agreement. The appellate body fully Be it enacted by the Senate and House of Rep- 191). supported the principle embodied in resentatives of the United States of America in (B) 50 percent of the amount paid through Section 211, that is, the non-recogni- Congress assembled, a crediting of the bidding rights involved tion of uncompensated confiscations SECTION 1. MODIFICATION OF PROHIBITION. shall be treated as a payment that is subject Section 211 of the Department of Com- to redistribution under that section to the and the protection of intellectual property ownership rights. The revision re- merce and Related Agencies Appropriations Reclamation and Miscellaneous Receipts ac- Act, 1999 (as contained in section 101(b) of di- counts in the Treasury. quired to broaden the application of vision A of Public Law 105–277; 112 Stat. 2681– Section 211 to include U.S. nationals 88) is amended— By Mr. DOMENICI (for himself, amounts to no more than a minor, (1) in subsection (a)(2)— Mr. NELSON of Florida, Mr. technical fix. (A) by striking ‘‘by a designated national’’; SANTORUM, Mr. ENSIGN, Mr. The legislation that I introduce and MARTINEZ, Mr. ALLEN, Mr. LIE- today makes it clear that this well- (B) by inserting before the period ‘‘that BERMAN, Mr. LAUTENBERG, and founded law applies to all parties was used in connection with a business or as- Mr. BUNNING): claiming rights in confiscated Cuban sets that were confiscated unless the original S. 691. A bill to modify the prohibi- trademarks, regardless of nationality. owner of the mark, trade name, or commercial name, or the bonafide successor-in-inter- tion on recognition by United States Such a technical correction will satisfy est has expressly consented’’; courts of certain rights relating to cer- the WTO ruling and prevent the EU (2) in subsection (b), by striking ‘‘by a des- tain marks, trade names, or commer- from applying trade sanctions against ignated national or its successor-in-inter- cial names; to the Committee on the the United States at the end of this est’’; Judiciary. year. Moreover, this legislation does (3) by redesignating subsection (d) as sub- Mr. DOMENICI. Mr. President, I rise three things: it maintains protection section (e); today to introduce legislation that will for original owners of confiscated (4) by inserting after subsection (c) the fol- protect U.S. trademarks and their le- lowing: Cuban trademarks; it applies to all ‘‘(d) Subsections (a)(2) and (b) of this sec- gitimate owners from the effects of the people, regardless of nationality; and it tion shall apply only if the person or entity confiscations decreed by the Cuban clarifies that trademarks and trade asserting the rights knew or had reason to Government. names confiscated by the Cuban Gov- know at the time when the person or entity My colleagues and I believe in the ernment will not be recognized in the acquired the rights asserted that the mark, fundamental principle that property United States when the assertion is trade name, or commercial name was the rights must be respected and that it is being made by someone who knew or same as or substantially similar to a mark, wrong for governments to take prop- had reason to know that the mark was trade name, or commercial name that was erty from individuals and companies, used in connection with a business or assets confiscated. that were confiscated.’’; and whether nationals or foreigners, with- This bill does not in any way decide (5) in subsection (e), as so redesignated, by out payment of prompt, adequate and which party owns a Cuban trademark striking ‘‘In this section:’’ and all that fol- effective compensation. We uphold the in the U.S. nor does Section 211 prevent lows through ‘‘(2) The term’’ and inserting firmly established principle of our law the Cuban Government or its various ‘‘In this section, the term’’.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3154 CONGRESSIONAL RECORD — SENATE April 4, 2005 By Mr. CORNYN: It is precisely because al-Qaida is so The ACLU did allege in a press re- S. 693. A bill to provide for judicial aggressive, so motivated, and so de- lease last September that a Federal review of national security letters monstrably hostile to America, that I court had struck down parts of the issued to wire and electronic commu- am so grateful that, to date, al-Qaida USA PATRIOT Act—calling the deci- nications service providers; to the still has not successfully launched an- sion ‘‘a landmark victory against the Committee on the Judiciary. other terrorist attack on our own soil. Ashcroft Justice Department.’’ See Doe Mr. CORNYN. Mr. President, it has There are undoubtedly many reasons v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. been nearly 4 years since the terrorist for this. First and foremost, I am pro- 2004). The litigation is currently on ap- attacks of September 11, 2001. In the foundly thankful to the brave men and peal. days, weeks, and months since that women of our Armed Forces, who fight Newspapers across the country im- day, the American people have braced the terrorists abroad so that we do not mediately repeated the ACLU’s mes- themselves for the possibility of an- have to face them at home. I also firm- sage. But as legal experts immediately other terrorist attack on our home- ly believe that our efforts to strength- discovered, there were two important land. After all, we know all too well en anti-terrorism and law enforcement problems with the allegation: they that al-Qaida is a stealthy, sophisti- tools right here at home have much to were attacking the wrong person, and cated, and patient enemy, and that its do with this record of success and the wrong law. leadership is extremely motivated to peace in our homeland to date. In fact, the court had actually struck launch another devastating attack on It is within this important context down a law authored by Senator PAT- American soil and American citizens. that a Senate Judiciary Committee RICK LEAHY during the 1980s. That stat- In fact, outside the United States, al- hearing tomorrow morning will com- ute balanced the national interest in Qaida and affiliates of al-Qaida have mence a new round of discussions protecting electronic communications continued to be enormously active, re- about the USA PATRIOT Act. As I ex- privacy against the legitimate needs of sponsible for numerous terrorist at- plained in an op-ed published in the national security, by establishing a tacks on foreign soil in the last few Washington Times just this morning, I procedure for obtaining electronic years: welcome that hearing, because the communications records in certain na- 2001 (Dec.): Man tried to denote shoe American people deserve an honest, re- tional security investigations through bomb on flight from Paris to Miami. sponsible, and fair discussion to ensure 2002 (April): Explosion at historic the use of so-called ‘‘national security that we are indeed fulfilling our dual letters.’’ The USA PATRIOT Act synagogue in Tunisia left 21 dead, in- responsibilities to protect national se- amended the law to make clear that cluding 14 German tourists. curity and civil liberties alike. such letters could be issued in ter- 2002 (May): Car exploded outside Unfortunately, the debate about the hotel in Karachi, Pakistan, killing 14, USA PATRIOT Act has not always met rorism investigations as well. So the statute in question was writ- including 11 French citizens. that standard. Last fall, just weeks be- ten by LEAHY, not Ashcroft. And it was 2002 (June): Bomb exploded outside fore the Presidential election, we even the Electronic Communications Pri- American consulate in Karachi, Paki- witnessed false reports in newspapers vacy Act of 1986, not the USA PA- stan, killing 12. across the country that a Federal court TRIOT Act in 2001. Indeed, the USA 2002 (Oct.): Boat crashed into oil had struck down parts of the act as un- tanker off Yemen coast, killing one. constitutional. False reports and scare PATRIOT Act did not change a single 2002 (Oct.): Nightclub bombings in tactics serve no legitimate cause and word of any provision attacked by that Bali, Indonesia, killed 202, mostly Aus- greatly disserve the American people. court. tralian citizens. The war on terrorism must be fought What’s more, in 1986, the ACLU en- 2002 (Nov.): Suicide attack on a hotel aggressively but consistently with the dorsed the Electronic Communications in Mombasa, Kenya, killed 16. protection of civil rights and civil lib- Privacy Act. And shortly after that law 2003 (May): Suicide bombers killed 34, erties. Whenever real civil liberties was approved by the Senate on a voice including 8 Americans, at housing com- problems do arise, we must learn about vote and the House by unanimous con- pounds for Westerners in Riyadh, Saudi them right away, so that we can fix sent, the chief legislative counsel of Arabia. them swiftly. the ACLU called it a ‘‘significant ad- 2003 (May): Four bombs killed 33 peo- It is for precisely this reason that I vancement of privacy rights of citizens ple targeting Jewish, Spanish, and Bel- have long been concerned about false in the age of new communications gian sites in Casablanca, Morocco. allegations of civil rights deprivations. technology.’’ 2003 (Aug.): Suicide car-bomb killed Every false allegation undermines None of this stopped the ACLU in 12, injured 150 at Marriott Hotel in Ja- every true allegation, and that hurts us 2004, however, from charging that the karta, Indonesia. all. After all, scaring people about false court’s ruling was ‘‘the first to strike 2003 (Nov.): Explosions rocked a Ri- down any of the vast new surveillance yadh, Saudi Arabia housing compound, civil rights deprivations unnecessarily divides our Nation and makes no one powers authorized by the Patriot Act.’’ killing 17. The ACLU has since backed down and 2003 (Nov.): Suicide car-bombers si- safer. If anything, false claims about civil liberties actually make it harder admitted that they had attacked the multaneously attacked two synagogues wrong law. As ACLU attorney Jameel in Istanbul, Turkey, killing 25 and in- to monitor real civil liberties issues in the future—for the same reason that Jaffer eventually conceded, ‘‘the provi- juring hundreds. sions that we challenged and that the 2003 (Nov.): Truck bombs detonated eventually no one listened to the fabled court objected to were in the statute at London bank and British consulate little boy who kept ‘‘crying wolf.’’ before the Patriot Act was passed. We in Istanbul, Turkey, killing 26. After several weeks of negotiation, 2004 (March): Ten terrorists bombs Congress in 2001 enacted the USA PA- could have raised the same objections exploded almost simultaneously during TRIOT Act by overwhelming bipartisan before the power was expanded.’’ Nev- the morning rush hour in Madrid, margins—98–1 in the Senate and 357–66 ertheless, it hurts all of us whenever an Spain, killing 202 and injuring more in the House. At the time, Senators on allegation about civil liberties is dis- than 1,400. both sides of the aisle agreed that the credited—because it makes it that 2004 (May): Terrorists attacked Saudi legislation had struck a careful and much easier to ignore legitimate civil oil company offices in Khobar, Saudi wise balance between national security liberties problems that may arise in Arabia, killing 22. and civil liberties. the future. 2004 (June): Terrorists kidnapped and The record continues to be strong to It’s also worth noting that the pri- executed American Paul Johnson, Jr., this day. As Senator DIANNE FEINSTEIN mary controversy in the litigation— in Riyadh, Saudi Arabia. at a Senate Judiciary Committee over- whether judicial review is available to 2004 (Sept.): Car bomb outside the sight hearing during the last Congress, scrutinize the issuance of national se- Australian embassy in Jakarta, Indo- ‘‘I have never had a single abuse of the curity letters—was not actually dis- nesia, killed nine. PATRIOT Act reported to me. My staff puted by the government. To the con- 2004 (Dec.): Terrorists enter the U.S. e-mailed the ACLU and asked them for trary, the Justice Department agreed Consulate in Jiddah, Saudi Arabia, instances of actual abuses. They e- that there should be judicial review. killing nine (including 4 attackers). mailed back and said they had none.’’ The court simply concluded that the

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3155 1986 law was not drafted with sufficient United States or interfere with diplomatic eral court. During the course of the litiga- clarity to authorize such review. relations shall be treated as conclusive un- tion, Justice Department attorneys agreed Today, I introduce legislation to cure less the court finds that the certification that there should be judicial review of national security letters, and argued that cur- this technical defect, and to amend the was made in bad faith.’’. SEC. 3. ENFORCEMENT OF NATIONAL SECURITY rent law already provides for such review. Electronic Communications Privacy LETTERS. Nevertheless, last September a federal dis- Act to make explicit the availability of Section 2709(a) of title 18, United States trict court in New York struck down the judicial review to examine national se- Code, as amended by section 2(a), is further Electronic Communications Privacy Act as curity letters. The legislation is enti- amended by adding at the end the following: unconstitutional because it does not explic- tled the Electronic Communications ‘‘(3) ENFORCEMENT OF REQUESTS.—The At- itly authorize judicial review. See Doe v. Privacy Judicial Review and Improve- torney General may seek enforcement of a Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). request under subsection (b) in an appro- This litigation—which is currently on ap- ment Act of 2005. I ask unanimous con- peal—presents an important legal dispute sent that the text of the legislation, as priate United States district court if a recipient refuses to comply with the request.’’. concerning whether the Electronic Commu- well as a section-by-section analysis of SEC. 4. DISCLOSURE OF INFORMATION. nications Privacy Act implicitly provides for the legislation prepared by my office, (a) SECURE PROCEEDINGS.—Section 2709 of judicial review of national security letters. be printed in the RECORD. title 18, United States Code, as amended by It may be helpful for Congress to enact an I hope that this legislation will be sections 2 and 3, is further amended— explicit provision authorizing judicial re- enacted in the same bipartisan spirit (1) in subsection (a), by adding at the end view, to avoid any ambiguity and to provide that put both the Electronic Commu- the following: clearer guidance to national security letter ‘‘(4) SECURE PROCEEDINGS.—The disclosure recipients and parties in litigation in the fu- nications Privacy Act and the USA PA- ture. TRIOT Act on the books. And I hope of information in any proceedings under this subsection may be limited consistent with Accordingly, the Electronic Communica- that future discussions about the war the requirements of the Classified Informa- tions Privacy Judicial Review and Improve- ment Act of 2005 responds to the Doe v. on terrorism, civil liberties, and the tion Procedures Act (18 U.S.C. App).’’; and Ashcroft litigation by establishing an explicit USA PATRIOT Act will be honest, re- (2) in subsection (c), by adding at the end judicial review provision for national secu- sponsible, and fair. the following: rity letters. There being no objection, the mate- ‘‘(4) SECURE PROCEEDINGS.—The disclosure Section 1. Short title. rial was ordered to be printed in the of information in any proceedings under this Section 2. Judicial review. This provision RECORD, as follows: subsection may be limited consistent with explicitly authorizes a recipient of a na- the requirements of the Classified Informa- S. 693 tional security letter to seek judicial review tion Procedures Act (18 U.S.C. App).’’. in federal court to prevent enforcement of Be it enacted by the Senate and House of Rep- (b) DISCLOSURE TO NECESSARY PERSONS.— the letter. The provision states that a court resentatives of the United States of America in Section 2709(c)(1) of title 18, United States may modify or set aside the national secu- Congress assembled, Code, as amended by section 2(b)(1), is fur- rity letter if compliance would be unreason- SECTION 1. SHORT TITLE. ther amended— able or oppressive—the same standard that This Act may be cited as the ‘‘The Elec- (1) by inserting after ‘‘any person’’ the fol- governs grand jury subpoenas. See Federal tronic Communications Privacy Judicial Re- lowing: ‘‘, except for disclosure to an attor- Rule of Criminal Procedure 17(c)(2). Courts view and Improvement Act of 2005’’. ney to obtain legal advice regarding the re- have made clear that, under this standard, SEC. 2. JUDICIAL REVIEW. quest or to a persons to whom disclosure is requests must be relevant to the underlying (a) IN GENERAL.—Section 2709(a) of title 18, necessary in order to comply with the re- investigation. See, e.g., U.S. v. R. Enterprises United States Code, is amended— quest,’’; and Inc., 498 U.S. 292, 301 (1991) (requiring ‘‘rea- (1) by striking ‘‘A wire or electronic com- (2) by adding at the end the following: sonable possibility that the category of ma- munication service provider’’ and inserting ‘‘Any attorney or person whose assistance is terials the Government seeks will produce the following: necessary to comply with the request who is information relevant to the general subject ‘‘(1) IN GENERAL.—A wire or electronic notified of the request also shall not disclose of the grand jury’s investigation’’). communication service provider’’; and to any person that the Federal Bureau of In- This provision also explicitly authorizes a (2) by adding at the end the following: vestigation has sought or obtained access to recipient at any time to seek judicial review ‘‘(2) JUDICIAL REVIEW.—A wire or electronic information or records under this section.’’. in federal court to set aside the nondisclo- communication service provider who re- SECTION-BY-SECTION ANALYSIS sure requirement imposed by the original ceives a request under subsection (b) may, at THE ELECTRONIC COMMUNICATIONS PRIVACY 1986 law. The 1986 Act forbids recipients from any time, seek a court order from an appro- JUDICIAL REVIEW AND IMPROVEMENT ACT OF 2005 disclosing to any person that the FBI has issued the national security letter. This bill priate United States district court to modify The Electronic Communications Privacy provides that a court may modify or set or set aside the request. Any such motion Act of 1986 strikes a balance between the im- aside the nondisclosure requirement if there shall state the grounds for challenging the portant national interest in electronic com- is no reason to believe that disclosure may request with particularity. The court may munications privacy and the legitimate endanger the national security of the United modify or set aside the request if compliance needs of national security and law enforce- States, interfere with a criminal, counterter- would be unreasonable or oppressive.’’. ment. It generally forbids nonconsensual, rorism, or counterintelligence investigation, (b) NONDISCLOSURE.—Section 2709(c) of title unauthorized disclosures of private elec- interfere with diplomatic relations, or en- 18, United States Code, is amended— tronic communications by communications (1) by striking ‘‘No wire or electronic com- danger the life or physical safety of any per- providers, while authorizing the Federal Bu- son. The provision also provides that, in re- munication service provider’’ and inserting reau of Investigation to issue so-called ‘‘na- the following: viewing a nondisclosure requirement, the tional security letters’’ under certain condi- certification by the Government that disclo- ‘‘(1) IN GENERAL.—No wire or electronic tions in order to obtain certain kinds of com- sure may endanger of the national security communication service provider’’; and munications records from such providers. of the United States or interfere with diplo- (2) by adding at the end the following: The original 1986 law authorized national se- matic relations shall be treated as conclu- ‘‘(2) JUDICIAL REVIEW.—A wire or electronic curity letters in foreign counterintelligence sive unless the court finds that the certifi- communication service provider who re- investigations; section 505 of the USA PA- cation was made in bad faith. ceives a request under subsection (b) may, at TRIOT Act amended the 1986 Act to explic- Section 3. Enforcement of national secu- any time, seek a court order from an appro- itly permit the issuance of such letters in rity letters. This provision authorizes the priate United States district court chal- international terrorism investigations as Attorney General to seek enforcement of a lenging the nondisclosure requirement under well. national security letter in federal court if a paragraph (1). Any such motion shall state The 1986 Act was authored by U.S. Senator recipient refuses to comply. the grounds for challenging the nondisclo- Patrick Leahy and approved by the Senate Section 4. Disclosure of information. This sure requirement with particularity. on a voice vote and the House by unanimous provision establishes that the judicial review ‘‘(3) STANDARD OF REVIEW.—The court may consent. It was endorsed by a number of or- proceedings established by this bill may be modify or set aside such a nondisclosure re- ganizations, including civil liberties and pri- secured against disclosure pursuant to the quirement if there is no reason to believe vacy advocates. The ACLU’s chief legislative provisions of the Classified Information Pro- that disclosure may endanger the national counsel and director of its project on tech- cedures Act. security of the United States, interfere with nology and privacy called the legislation a This provision also makes clear that the a criminal, counterterrorism, or counter- ‘‘significant advancement of privacy rights nondisclosure requirement of the 1986 law intelligence investigation, interfere with of citizens in the age of new communications does not forbid conversations with the re- diplomatic relations, or endanger the life or technology,’’ according to a December 5, 1986 cipient’s attorney to obtain legal advice re- physical safety of any person. In reviewing a article in the Christian Science Monitor. garding the request, nor does it forbid con- nondisclosure requirement, the certification The national security letter provision of versations with persons to whom disclosure by the Government that the disclosure may the Electronic Communications Privacy Act would be necessary to comply with the re- endanger of the national security of the of 1986 has recently been challenged in fed- quest. All participants in such conversations

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are forbidden from disclosing the existence ‘‘(3) QUALIFIED GRADUATE.—For purposes of Whereas Pope John Paul II personally suf- of the national security letter, consistent this subsection, a qualified graduate is an in- fered and experienced deprivation from an with the requirements of the original 1986 dividual who is a graduate of a qualified job early age, losing his mother, eldest brother, law. training program and who— and father before turning age 21; ‘‘(A) is 18 years of age or older; Whereas Pope John Paul II found comfort By Mr. COLEMAN: ‘‘(B) had in either of the 2 preceding tax- and strength in the example of his father’s S. 694. A bill to amend the Workforce able years Federal adjusted gross income not faith, of whom he observed ‘‘after my moth- Investment Act of 1998 to provide for a exceeding the maximum income of a very er’s death, his life became one of constant job training grant pilot program; to low-income family (as defined in section prayer. Sometimes I would wake up during the Committee on Health, Education, 3(b)(2) of the United States Housing Act of the night and find my father on his knees Labor, and Pensions. 1937 (42 U.S.C. 1437a(b)(2))) for a single indi- . . . his example was in a way my first semi- Mr. COLEMAN. Mr. President, I ask vidual; and nary’’; unanimous consent that the bill I in- ‘‘(C) has assets of not more than $10,000, ex- Whereas, in 1939, Pope John Paul II was en- troduce today be printed in the clusive of the value of an owned homestead, rolled in Jagiellonian University in Cracow, indexed for inflation. ECORD which was closed by the Nazis during their R . ‘‘(4) QUALIFYING EMPLOYMENT.—For pur- There being no objection, the bill was occupation of Poland; poses of this subsection, qualifying employ- Whereas Pope John Paul II experienced the ordered to be printed in the RECORD, as ment shall include any permanent job or em- follows: brutality of a godless totalitarian regime, ployment paying annual wages of not less which sought to eradicate the history and S. 694 than $18,000, and not less than $10,000 more culture of a proud people and sent many of Be it enacted by the Senate and House of Rep- than the qualified graduate earned before re- his professors, friends, and millions of Polish ceiving training from the qualified job train- resentatives of the United States of America in Jews to camps where they were systemati- ing program.’’. Congress assembled, cally murdered; SECTION 1. JOB TRAINING GRANT PILOT PRO- f Whereas, in 1942, Pope John Paul II was GRAM. himself arrested by Nazi occupation forces, Section 171 of the Workforce Investment SUBMITTED RESOLUTIONS but his life was spared because of his employ- Act of 1998 (29 U.S.C. 2916) is amended by ment at a limestone quarry, work deemed es- striking subsection (d) and inserting the following: SENATE RESOLUTION 93—REL- sential to the war effort; ‘‘(d) JOB TRAINING GRANT PILOT PRO- ATIVE TO THE DEATH OF HOW- Whereas Pope John Paul II courageously GRAM.— defied the Nazi occupation forces, risking his ELL T. HEFLIN, FORMER UNITED own life to protect Polish Jews from persecu- ‘‘(1) IN GENERAL.— STATES SENATOR FOR THE ‘‘(A) GRANTS.—The Secretary shall provide tion, helping to organize the underground grants to qualified job training programs as STATE OF ALABAMA ‘‘Rhapsodic Theatre’’, which he intended to follows: Mr. REID (for himself, Mr. FRIST, Mr. be ‘‘a theatre . . . where the national spirit ‘‘(i) PLACEMENT GRANTS.—Grants in an SHELBY, and Mr. SESSIONS) submitted will burn’’, writing two religious plays con- amount to be determined by the Secretary the following resolution; which was sidered subversive to the Nazi regime, and enrolling in the clandestine seminary of shall be provided to qualified job training considered and agreed to: programs upon placement of a qualified Archbishop Sapieha of Cracow, where he graduate in qualifying employment. S. RES. 93 studied religion, theology, and philosophy; ‘‘(ii) RETENTION GRANTS.—An additional Whereas Howell Heflin served as a United Whereas the Nazi occupation of Poland was grant in an amount to be determined by the States Marine from 1942–1946 and was award- ended only by the imposition of a Com- Secretary shall be provided to qualified job ed the Silver Star for bravery; munist era of occupation that sought to sub- training programs upon retention of a quali- Whereas Howell Heflin served as Chief Jus- jugate Polish citizens, extinguish Polish na- fied graduate in qualifying employment for a tice of the Alabama Supreme Court from tionalism, and subjected the exercise of indi- period of 1 year. 1971–1977; vidual religious liberty to the control of god- ‘‘(B) DETERMINATION.—In determining the Whereas Howell Heflin served the people of less Stalinist rulers; amount of the grants to be provided under Alabama with distinction for 18 years in the Whereas, in 1946, Pope John Paul II was or- subparagraph (A), the Secretary shall con- United States Senate; and dained, later becoming a Professor of Ethics sider the economic benefit received by the Whereas Howell Heflin served the Senate and Chaplain at the Catholic University of Government from the employment of the as Chairman of the Select Committee on Lublin, the only Catholic university behind qualified graduate, including increased tax Ethics in the ninety-sixth and one hundredth the Iron Curtain, where he, again at great revenue and decreased unemployment bene- to one hundred-second Congresses; personal risk, initiated activities that helped Resolved, That the Senate has heard with fits or other support obligations. to preserve the intellectual, cultural, and profound sorrow and deep regret the an- ‘‘(2) QUALIFIED JOB TRAINING PROGRAM.— historical richness of his homeland and pro- nouncement of the death of the Honorable For purposes of this subsection, a qualified tected the integrity and independence of the Howell T. Heflin, former member of the job training program is 1 that— Catholic Church in Poland; United States Senate. ‘‘(A) is operated by a nonprofit or for-profit Whereas Pope John Paul II was an articu- entity, partnership, or joint venture formed Resolved, That the Secretary of the Senate late and outspoken advocate for religious under the laws of— communicate these resolutions to the House freedom and Christian humanism at Vatican ‘‘(i) the United States or a territory of the of Representatives and transmit an enrolled Council II, asserting that the Church could United States; copy thereof to the family of the deceased. not claim religious liberty for itself unless it ‘‘(ii) any State; or Resolved, That when the Senate adjourns was willing to concede it to others; ‘‘(iii) any county or locality; today, it stand adjourned as a further mark ‘‘(B) offers education and training in— of respect to the memory of the Honorable Whereas Pope John Paul II, upon returning ‘‘(i) basic skills, such as reading, writing, Howell T. Heflin. to his homeland, frequently cited the Coun- cil’s declaration that religious freedom was mathematics, information processing, and f communications; ‘‘the first of human rights’’, a phrase em- ‘‘(ii) technical skills, such as accounting, SENATE RESOLUTION 94— braced by Polish Catholics in their struggle computers, printing, and machining; HONORING POPE JOHN PAUL II against the hegemony of the Communist regime; ‘‘(iii) thinking skills, such as reasoning, Mr. BROWNBACK (for himself, Mr. creative thinking, decision making, and Whereas, on October 16, 1978, Pope John BUNNING, Mr. BURNS, Mr. CHAMBLISS, problem solving; and Paul II was elected the 264th Pope, making ‘‘(iv) personal qualities, such as responsi- Mrs. CLINTON, Mr. CORNYN, Mr. history by becoming the first-ever Slavic bility, self-esteem, self-management, hon- DEMINT, Mr. DOMENICI, Mr. ENZI, Mr. Pope and the first non-Italian Pope in more esty, and integrity; GRASSLEY, Mr. KERRY, Mr. KOHL, Mr. than 400 years; ‘‘(C) provides income supplements when MARTINEZ, Mr. THUNE, Mr. DURBIN, and Whereas Pope John Paul II served for over needed to eligible participants (defined for Mr. NELSON of Nebraska) submitted the 26 years as Bishop of Rome and Supreme purposes of this paragraph as an individual following resolution; which was re- Pastor of the Catholic Church, and as the who meets the criteria described in subpara- ferred to the Committee on the Judici- spiritual leader of more than 1,000,000,000 graphs (A) through (C) of paragraph (3)) for Catholic Christians around the world, includ- housing, counseling, tuition, and other basic ary: ing more than 66,000,000 Catholic Christians needs; S. RES. 94 in the United States; ‘‘(D) provides eligible participants with not Whereas His Holiness, Pope John Paul II, Whereas Pope John Paul II served the less than 160 hours of instruction, assess- was born Karol Jozef Wojtyla in Wadowice, third-longest pontificate, behind only Saint ment, or professional coaching; and Poland, on May 18, 1920, the youngest of 3 Peter, who served as Pope for over 34 years, ‘‘(E) invests an average of $10,000 in train- children, born to Karol Wojtyla and Emilia and Blessed Pius IX, who served for over 31 ing per graduate of such program. Kaczorowska; years;

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3157 Whereas Pope John Paul II was a unique, Whereas, in 1995, Pope John Paul II wrote AMENDMENTS SUBMITTED AND substantial, and historic catalyst in the de- of ‘‘the incomparable worth of the human PROPOSED mise of Soviet communism and the emanci- person,’’ noting that: ‘‘Even in the midst of pation of hundreds of millions of people from difficulties and uncertainties, every person SA 265. Mr. NELSON of Florida submitted totalitarian rule; sincerely open to truth and goodness can, by an amendment intended to be proposed by him to the bill H.R. 1268, Making emergency Whereas Pope John Paul II, in his inau- the light of reason and the hidden action of supplemental appropriations for the fiscal gural sermon, boldly offered hope to op- grace, come to recognize . . . the sacred value year ending September 30, 2005, to establish pressed peoples around the world while caus- of human life . . . and can affirm the right of and rapidly implement regulations for State ing authoritarian rulers to brace by pro- every human being to have this primary driver’s license and identification document claiming ‘‘open the boundaries of states, eco- good respected to the highest degree’’; nomic and political systems, the vast fields security standards, to prevent terrorists Whereas, in 1998, Pope John Paul II visited from abusing the asylum laws of the United of culture, civilization, and development. Do Cuba to speak directly to the Cuban people not be afraid.’’; States, to unify terrorism-related grounds and their Communist rulers, calling for po- for inadmissibility and removal, to ensure Whereas, in June 1979, Pope John Paul II litical and religious freedom, the release of returned to his native Poland for 9 days, expeditious construction of the San Diego political prisoners, a recognition of the right border fence, and for other purposes; which unleashing patriotic and religious forces to express one’s faith ‘‘in the context of pub- that would ultimately lead to the peaceful was referred to the Committee on Appropria- lic life’’, and the importance of fundamental tions. toppling of the Communist regime in Poland human dignities, including that ‘‘each per- and the dramatic demise of the Warsaw Pact son enjoying freedom of expression, being f and the Soviet Union; free to undertake initiatives and make pro- Whereas Pope John Paul II, before visiting TEXT OF AMENDMENTS posals within civil society, and enjoying ap- his native Poland in 1987, met with President SA 265. Mr. NELSON of Florida sub- propriate freedom of association’’ is a neces- Ronald Reagan, who recognized the fruits of mitted an amendment intended to be His Holiness’ labors by stating ‘‘be assured sity; Whereas Pope John Paul II traveled far- proposed by him to the bill H.R. 1268, that the hearts of the American people are making emergency supplemental ap- with you. Our prayers will go with you in ther than any other Pope in history, tra- 3 propriations for the fiscal year ending profound hope that the terrible burden of versing approximately ⁄4 of a million miles, brave people everywhere who yearn for free- visiting 130 countries, including African na- September 30, 2005, to establish and dom, even as all men and women yearn for tions never before visited by a Pope, being rapidly implement regulations for the freedom that God gave us all. . . . We see seen by more people than anyone in human State driver’s license and identifica- the power of the spiritual force in that trou- history, and evangelizing to more than tion document security standards, to bled land, uniting a people in hope, just as 6,000,000 people in the closing mass of World prevent terrorists from abusing the we see the powerful stirrings in the East of Youth Day ’95 in the Philippines; asylum laws of the United States, to a belief that will not die despite generations Whereas Pope John Paul II changed the course of history, leading the Catholic unify terrorism-related grounds for in- of oppression. . . . For despite all the at- admissibility and removal, to ensure tempts to extinguish it, the people’s faith Church through a dramatic and remarkable burns with a passionate heat: once allowed period, and into Christianity’s third millen- expeditious construction of the San to breathe free, that faith will burn so nium; Diego border fence, and for other pur- brightly it will light the world.’’; Whereas Pope John Paul II devoted his life poses; which was ordered to lie on the Whereas Pope John Paul II was recognized to the amelioration of the human cost of ter- table; as follows: by Lady Margaret Thatcher to have ‘‘pro- ror and oppression through his dedication to At the appropriate place, insert the fol- vided the main impetus for the revival of truth, forgiveness, and the development of a lowing: Solidarity and the pressure for reform [in his vibrant public moral culture; SEC. . PROHIBITION ON REDUCTION IN NUMBER native Poland]’’; Whereas Pope John Paul II articulated the OF OPERATIONAL AIRCRAFT CAR- Whereas Pope John Paul II was acknowl- importance of individual liberty being under- RIERS OF THE NAVY. edged by Mikhail Gorbachev to have played girded by a ‘‘moral order’’, embraced the (a) PROHIBITION.—No funds appropriated or an essential role in the liberation of those poor and oppressed masses of the world, and otherwise made available by this Act, or by who lived under European communism when encouraged governments and the faithful to any other Act, for fiscal year 2005 may be ob- he stated ‘‘everything that happened in East- attend to the needs of those who are less for- ligated or expended to reduce the number of ern Europe . . . would have been impossible tunate; operational aircraft carriers of the Navy without this Pope’’; Whereas Pope John Paul II brought hope from 12 operational aircraft carriers to 11 Whereas Pope John Paul II carried on an and inspiration to hundreds of millions of operational aircraft carriers. active correspondence with world leaders people around the world oppressed by tyr- (b) OPERATIONAL AIRCRAFT CARRIER.—In during the 1980s, involving the Church in ef- anny, hunger, disease, and despair; this section, the term ‘‘operational aircraft forts to promote peace by reducing tensions, Whereas Pope John Paul II worked tire- carrier’’ includes an aircraft carrier that is and exerting his moral authority to persuade lessly to bring peace to regions of the world unavailable due to maintenance or repair. the superpowers to engage in a ‘‘dialogue’’ that have been driven by strife, intolerance, f that succeeded in reducing conventional and hatred, and violence for far too long; NOTICES OF HEARINGS/MEETINGS nuclear weapons and helped to avert a nu- Whereas Pope John Paul II changed the clear war; lives of billions of people across the globe; SUBCOMMITTEE ON NATIONAL PARKS Whereas Pope John Paul II used public and Whereas Pope John Paul II died on April 2, Mr. THOMAS. Mr. President, I would private diplomacy and the power of moral 2005, after heroically proclaiming the value like to announce for the information of persuasion to encourage world leaders to re- and dignity of human life through his long spect the inalienable rights of the human the Senate and the public that the Sub- physical illness and suffering; person; committee on National Parks of the Whereas the passing of Pope John Paul II Whereas, on May 13, 1981, Pope John Paul Committee on Energy and Natural Re- is mourned by billions of people around the II, was shot by a would-be assassin, and nev- sources has scheduled a hearing to re- world; and ertheless provided a remarkable example of view management and planning issues Whereas Pope John Paul II is already being the power of grace, later visiting his for the National Mall, including the attacker in prison, and stating afterwards ‘‘I referred to as Pope John Paul the Great: Now, therefore, be it history of development, security spoke to him as I would speak to a brother projects and other planned construc- whom I have forgiven and who enjoys my Resolved, That the Senate— tion, and future development plans. confidence’’; (1) notes with deep sorrow and solemn Whereas Pope John Paul II ministered to mourning the death of His Holiness, Pope The hearing will be held on Tuesday Catholic and non-Catholic alike, providing a John Paul II; April 12th, at 2:30 p.m., in room SD–366 personal example of grace, endurance, com- (2) extends its heartfelt sympathy to all of the Dirksen Senate Office Building passion, courage, sacrifice, and foresight; people who have been touched by the passing in Washington, DC. Whereas Pope John Paul II sought to heal of John Paul II; Because of the limited time available divisions between the Catholic Church and (3) commends Pope John Paul II for his for the hearing, witnesses may testify other Christian faiths, the Jewish faith, and ability to transcend the bounds of religion, by invitation only. However, those Islam, expressing sadness and regret for the race, and political thought, becoming a for- wishing to submit written testimony individual acts of present and former Catho- midable champion, uniter, and defender in for the hearing record should send two lics who persecuted members of other faiths humanity’s struggle for peace and basic copies of their testimony to the Com- and promoting reconciliation and dialogue human rights; and through the first-ever Papal visits to syna- (4) calls on all the people of the United mittee on Energy and Natural Re- gogues and mosques, as well as visits to States to reflect on the life and legacy of sources, United States Senate, SD–364 areas of historic conflict, including Ireland Pope John Paul II during this international Dirkesn Senate Office Building, Wash- and the Holy Land; period of remembrance. ington, DC 20510–6150.

VerDate Aug 31 2005 05:50 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S04AP5.REC S04AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3158 CONGRESSIONAL RECORD — SENATE April 4, 2005 For further information, please con- Tuesday, the Senate proceed to a vote Ethics in the ninety-sixth and one hundred- tact Tom Lillie at (202) 224–5161 or on adoption of a resolution which is at second Congresses; Brian Carlstrom at (202) 224–6293. the desk relating to the passing of Resolved, That the Senate has heard with profound sorrow and deep regret the an- COMMITTEE ON ENERGY AND NATURAL Pope John Paul II. nouncement of the death of the Honorable RESOURCES The PRESIDING OFFICER. Without Howell T. Heflin, former member of the Mr. DOMENICI. Mr. President, I objection, it is so ordered. United States Senate. would like to announce for the infor- Mr. FRIST. Mr. President, I under- Resolved, That the Secretary of the Senate mation of the Senate and the public stand there is an announcement to be communicate these resolutions to the House that a hearing on developing a reliable made. of Representatives and transmit an enrolled copy thereof to the family of the deceased. supply of oil from domestic oil shale f Resolved, That when the Senate adjourns and oil sands resources has been sched- CONGRESSIONAL BUDGET FOR today, it stand adjourned as a further mark uled before the Committee on Energy THE UNITED STATES GOVERN- of respect to the memory of the Honorable and Natural Resources. MENT FOR THE FISCAL YEAR Howell T. Heflin. The hearing will be held on Tuesday, 2006 f April 12, 2005, at 10 a.m., in Room SD– 366 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Under ORDERS FOR TUESDAY, APRIL 5, ing. the previous order, the Senate proceeds 2005 The purpose of the hearing is to dis- to the consideration of H. Con. Res. 95; Mr. FRIST. Mr. President, I ask cuss opportunities to advance tech- all after the resolving clause is strick- unanimous consent that when the Sen- nology that will facilitate environ- en; the text of S. Con. Res. 18, as agreed ate completes its business today, the mentally friendly development of oil to by the Senate, is inserted in lieu Senate stand in adjournment until 9:45 shale and oil sands resources. The hear- thereof; H. Con. Res. 95, as amended, is a.m. on Tuesday, April 5. I further ask ing will address legislative and admin- agreed to. The Senate insists on its that following the prayer and pledge, istrative actions necessary to provide amendment and requests a conference the morning hour be deemed expired, incentives for industry investment, as with the House, and the Chair appoints the Journal of proceedings be approved well as explore concerns and experi- Mr. GREGG, Mr. DOMENICI, Mr. GRASS- to date, the time for the two leaders be ences of other governments and organi- LEY, Mr. ALLARD, Mr. CONRAD, Mr. SAR- reserved, and the Senate then begin a zations and the interests of industry. BANES, and Mrs. MURRAY conferees on period of morning business for up to 60 Because of the limited time available the part of the Senate. minutes, with the first 30 minutes for the hearing, witnesses may testify The concurrent resolution (H. Con. under the control of the majority lead- by invitation only. However, those Res. 95), as amended, was agreed to. er or his designee and the following 30 wishing to submit written testimony f minutes under the control of the for the hearing record should send two RELATING TO THE DEATH OF Democratic leader or his designee. I copies of their testimony to the Com- HOWELL T. HEFLIN, FORMER further ask unanimous consent that mittee on Energy and Natural Re- UNITED STATES SENATOR FOR the Senate recess from 12:30 p.m. until sources, United States Senate, Wash- THE STATE OF ALABAMA 2:15 p.m. for the weekly party lunch- ington, DC 20510–6150. eons. Mr. FRIST. Mr. President, I ask For further information, please con- The PRESIDING OFFICER. Without unanimous consent that the Senate tact Dick Bouts at (202) 224–7545 or objection, it is so ordered. proceed to the immediate consider- Amy Millet at (202) 224–8276. f ation of S. Res. 93, submitted earlier COMMITTEE ON INDIAN AFFAIRS today by Senator REID and others. PROGRAM Mr. MCCAIN. Mr. President, I would The PRESIDING OFFICER. The Mr. FRIST. Mr. President, tomorrow like to announce that the Committee clerk will report the resolution by the Senate will be in a period of morn- on Indian Affairs will meet on Tuesday, title. ing business. We are working with the April 5, 2005, at 9:30 a.m., in Room 562 The assistant legislative clerk read Democratic leadership to reach an of the Dirksen Senate Office Building as follows: agreement with respect to the State to conduct a hearing on S. 113, a bill to A resolution (S. Res. 93) relative to the Department authorization bill. It is my modify the date as of which certain death of Howell T. Heflin, former United hope and expectation we will be able to tribal land of the Lytton Rancheria of States Senator for the State of Alabama. structure an orderly debate of this California is deemed to be held in There being no objection, the Senate measure and begin its consideration trust. proceeded to consider the resolution. early tomorrow. Those wishing additional information Mr. FRIST. Mr. President, I ask In addition to the State Department may contact the Indian Affairs Com- unanimous consent that the resolution authorization bill, we have a resolution mittee at 224–2251. and preamble be agreed to en bloc, the relative to the passing of Pope John f motion to reconsider be laid upon the Paul II. We have just scheduled a vote AUTHORITY FOR COMMITTEES TO table en bloc, and that any statements on adoption of the resolution for 4:45 MEET relating to this resolution be printed in p.m. tomorrow, and that will be the the RECORD, without intervening ac- first vote of the day. SUBCOMMITTEE ON STRATEGIC FORCES tion or debate. I also remind everyone that tomor- Mr. CORNYN. Mr. President, I ask The PRESIDING OFFICER. Without row evening, after we have finished unanimous consent that the Sub- objection, it is so ordered. work on the State Department author- committee on Strategic Forces of the The resolution (S. Res. 93) was agreed ization, our two policy committees will Committee on Armed Services be au- to. have a debate on the issue of Social Se- thorized to meet during the session of The preamble was agreed to. curity. This 70-minute debate will take the Senate on April 4, 2005 at 2 p.m., in The resolution, with its preamble, place on the Senate floor, and I encour- open and closed session to receive tes- reads as follows: age all Members to listen to this im- timony on strategic forces and nuclear S. RES. 93 portant question-and-answer session. weapons issues in review of the Defense Whereas Howell Heflin served as a United We have a lot of work to do this Authorization Request for Fiscal Year States Marine from 1942–1946 and was award- week, and given the events scheduled 2006. ed the Silver Star for bravery; at the Vatican, and President The PRESIDING OFFICER. Without Whereas Howell Heflin served as Chief Jus- Yushchenko’s address to Congress on objection, it is so ordered. tice of the Alabama Supreme Court from Wednesday, we will need to make the 1971–1977; most of our time. Rollcall votes will f Whereas Howell Heflin served the people of occur during tomorrow’s session and ORDER OF PROCEDURE Alabama with distinction for 18 years in the United States Senate; and throughout the remainder of the week Mr. FRIST. Mr. President, I ask Whereas Howell Heflin served the Senate as we try to complete work on the unanimous consent that at 4:45 p.m., on as Chairman of the Select Committee on State Department authorization.

VerDate Mar 15 2010 20:23 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\2005SENATE\S04AP5.REC S04AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 4, 2005 CONGRESSIONAL RECORD — SENATE S3159 ADJOURNMENT UNTIL 9:45 A.M. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BRIGADIER GENERAL DONALD C. STORM, 0000 601: BRIGADIER GENERAL ANTONIO J. VICENS-GONZALEZ, 0000 TOMORROW BRIGADIER GENERAL WILLIAM H. WADE II, 0000 To be lieutenant general BRIGADIER GENERAL RONALD G. YOUNG, 0000 Mr. FRIST. Mr. President, if there is MAJ. GEN. CHRISTOPHER A. KELLY, 0000 To be brigadier general no further business to come before the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL ROOSEVELT BARFIELD, 0000 Senate, I ask unanimous consent that IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL FRANK E. BATTS, 0000 the Senate stand in adjournment under CATED UNDER TITLE 10, U.S.C., SECTION 8069: COLONEL LAWRENCE W. BROCK III, 0000 To be major general COLONEL DENNIS L. CELLETI, 0000 the previous order and in accordance COLONEL AUGUSTUS L. COLLINS, 0000 with the provisions of S. Res. 93 as a BRIG. GEN. MELISSA A. RANK, 0000 COLONEL TERRY R. COUNCIL, 0000 COLONEL LESTER D. EISNER, 0000 further mark of respect for our former THE FOLLOWING NAMED OFFICERSS FOR APPOINT- COLONEL FRANCIS P. GONZALES, 0000 colleague, Senator Howell Heflin. MENT IN THE UNITED STATES AIR FORCE TO THE GRADE COLONEL JOE L. HARKEY, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL GARY M. ISHIKAWA, 0000 There being no objection, the Senate, To be brigadier general COLONEL ALBERTO J. JIMENEZ, 0000 at 7:17 p.m., adjourned until Tuesday, COLONEL FEDERICK J. JOHNSON, 0000 SALVATORE A. ANGELLELA, 0000 COLONEL THOMAS H. KATKUS, 0000 April 5, 2005, at 9:45 a.m. ANDREW E. BUSCH, 0000 COLONEL RANDALL A. KOCHERSPERGER, 0000 ARTHUR B. CAMERON III, 0000 COLONEL DAVID A. LEWIS, 0000 f SUSAN Y. DESJARDINS, 0000 COLONEL MICHAEL R. LIECHTY, 0000 RICHARD T. DEVEREAUX, 0000 COLONEL RANDY E. MANNER, 0000 NOMINATIONS JUDITH A. FEDDER, 0000 COLONEL JEFFERY E. MARSHALL, 0000 ERIC E. FIEL, 0000 COLONEL MABRY E. MARTIN, 0000 Executive nominations received by JONATHAN D. GEORGE, 0000 COLONEL THOMAS D. MILLS, 0000 MARK W. GRAPER, 0000 COLONEL OLIN O. OEDEKOVEN, 0000 the Senate April 4, 2005: BRADLEY A. HEITHOLD, 0000 COLONEL FREDRIC D. SHEPPARD, 0000 DEPARTMENT OF DEFENSE SUSAN J. HELMS, 0000 COLONEL ROBERT J. UDLAND, 0000 PETER F. HOENE, 0000 COLONEL FREDDIE R. WAGGONER, 0000 KENNETH J. KRIEG, OF VIRGINIA, TO BE UNDER SEC- DARRELL D. JONES, 0000 RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, DUANE A. JONES, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE AND LOGISTICS, VICE EDWARD C. ALDRIDGE, RESIGNED. NOEL T. JONES, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE ROBERT C. KANE, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED DEPARTMENT OF COMMERCE STANLEY T. KRESGE, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: DAVID A. SAMPSON, OF TEXAS, TO BE DEPUTY SEC- MICHAEL A. LONGORIA, 0000 To be major general RETARY OF COMMERCE, VICE THEODORE WILLIAM CHARLES W. LYON, 0000 KASSINGER. OTIS G. MANNON, 0000 BRIGADIER GENERAL JOHN E. BARNETTE, 0000 SUSAN K. MASHIKO, 0000 BRIGADIER GENERAL WILLIARD C. BROADWATER, 0000 NATIONAL TRANSPORTATION SAFETY BOARD DARREN W. MCDEW, 0000 BRIGADIER GENERAL DAVID P. BURFORD, 0000 CLYDE D. MOORE II, 0000 BRIGADIER GENERAL RONALD S. CHASTAIN, 0000 MARK V. ROSENKER, OF MARYLAND, TO BE A MEMBER DOUGLAS H. OWENS, 0000 BRIGADIER GENERAL STEPHEN D. COLLINS, 0000 OF THE NATIONAL TRANSPORTATION SAFETY BOARD JOHN I. PRAY, JR., 0000 BRIGADIER GENERAL DALLAS W. FANNING, 0000 FOR A TERM EXPIRING DECEMBER 31, 2010 (REAPPOINT- DAVID E. PRICE, 0000 BRIGADIER GENERAL JAMES E. FLETCHER, 0000 MENT) PHILIP M. RUHLMAN, 0000 BRIGADIER GENERAL TIMOTHY M. KENNEDY, 0000 ELLEN G. ENGLEMAN CONNERS, OF INDIANA, TO BE DAVID J. SCOTT, 0000 BRIGADIER GENERAL MITCHELL R. LECLAIRE, 0000 CHAIRMAN OF THE NATIONAL TRANSPORTATION SAFE- DANA A. SIMMONS, 0000 BRIGADIER GENERAL JOHN W. LIBBY, 0000 TY BOARD FOR A TERM OF TWO YEARS. (REAPPOINT- PAULA G. THORNHILL, 0000 BRIGADIER GENERAL RANDALL D. MOSLEY, 0000 MENT) SUZANNE M. VAUTRINOT, 0000 BRIGADIER GENERAL CHARLES G. RODRIGUEZ, 0000 DEPARTMENT OF STATE DAVID B. WARNER, 0000 BRIGADIER GENERAL PERRY G. SMITH, 0000 LAWRENCE L. WELLS, 0000 BRIGADIER GENERAL WILLIAM D. WOFFORD, 0000 SEAN IAN MCCORMACK, OF THE DISTRICT OF COLUM- JANET C. WOLFENBARGER, 0000 BRIGADIER GENERAL EDWARD L. WRIGHT, 0000 BIA, TO BE AN ASSISTANT SECRETARY OF STATE (PUB- DANIEL P. WOODWARD, 0000 BRIGADIER GENERAL MARK E. ZIRKELBACH, 0000 LIC AFFAIRS), VICE RICHARD A. BOUCHER. SCOTT E. WUESTHOFF, 0000 To be brigadier general DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE ARMY COLONEL MARCELO R. BERGQUIST, 0000 SUZANNE C. DEFRANCIS, OF MARYLAND, TO BE AN AS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL BARBARANETTE T. BOLDEN, 0000 SISTANT SECRETARY OF HEALTH AND HUMAN SERV- IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL ELIZABETH A. BOURBEAU, 0000 ICES, VICE KEVIN KEANE. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL ROBERT G. CARMICHAEL, JR., 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL STEPHEN C. DABADIE, 0000 CORPORATION FOR NATIONAL AND COMMUNITY COLONEL ROBERT J. FELDERMAN, 0000 SERVICE To be general COLONEL BRIAN W. GOODWIN, 0000 COLONEL JOHN L. GRONSKI, 0000 LT. GEN. WILLIAM S. WALLACE, 0000 MICHAEL DOLAN, OF NEW YORK, TO BE A MEMBER OF COLONEL MATTHEW L. KAMBIC, 0000 THE BOARD OF DIRECTORS OF THE CORPORATION FOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL WILLIAM F. KUEHN, 0000 NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL GERALD E. LANG, 0000 PIRING OCTOBER 6, 2009, VICE MARC RACICOT, TERM EX- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL ROBERT E. LIVINGSTON, JR., 0000 PIRED. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL VERNON L. LOWREY, 0000 ROBERT M. DUNCAN, OF KENTUCKY, TO BE A MEMBER COLONEL JOSE S. MAYORGA, 0000 OF THE BOARD OF DIRECTORS OF THE CORPORATION To be lieutenant general COLONEL MATTHEW A. MCCOY, 0000 FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM MAJ. GEN. DELL L. DAILEY, 0000 COLONEL TERRY W. SALTSMAN, 0000 EXPIRING JUNE 10, 2009, VICE JUANITA SIMS DOTY, TERM COLONEL JOYCE L. STEVENS, 0000 EXPIRED. THE FOLLOWING ARMY NATIONAL GUARD OF THE COLONEL EDDY M. SPURGIN, 0000 COLONEL CHARLES L. YRIARTE, 0000 DEPARTMENT OF HOMELAND SECURITY UNITED STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADES INDICATED COLONEL GREGORY J. ZANETTI, 0000 PHILIP J. PERRY, OF VIRGINIA, TO BE GENERAL COUN- UNDER TITLE 10, U.S.C., SECTION 12203: IN THE MARINE CORPS SEL, DEPARTMENT OF HOMELAND SECURITY, VICE JOE To be major general D. WHITLEY, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL ABNER C. BLALOCK, JR., 0000 AS ASSISTANT COMMANDANT OF THE MARINE CORPS, EXECUTIVE OFFICE OF THE PRESIDENT BRIGADIER GENERAL DAN M. COLGLAZIER, 0000 AND FOR APPOINTMENT TO THE GRADE INDICATED LINDA M. SPRINGER, OF PENNSYLVANIA, TO BE DIREC- BRIGADIER GENERAL BRUCE E. DAVIS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TOR OF THE OFFICE OF PERSONNEL MANAGEMENT FOR BRIGADIER GENERAL JESSICA L. WRIGHT, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 5044 AND 601: A TERM OF FOUR YEARS, VICE KAY COLES JAMES, RE- To be brigadier general SIGNED. To be general COLONEL LOUIS A. ABBENANTE, 0000 DEPARTMENT OF JUSTICE COLONEL PETER M. AYLWARD, 0000 LT. GEN. ROBERT MAGNUS, 0000 RACHEL BRAND, OF IOWA, TO BE AN ASSISTANT AT- COLONEL JOHN E. DAVOREN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TORNEY GENERAL, VICE DANIEL J. BRYANT, RESIGNED. COLONEL JOSEPH B. DIBARTOLOMEO, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE ALICE S. FISHER, OF VIRGINIA, TO BE AN ASSISTANT COLONEL KEVIN G. ELLSWORTH, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- ATTORNEY GENERAL, VICE CHRISTOPHER R. WRAY. COLONEL BRUCE C. FRANDSEN, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., REGINA B. SCHOFIELD, OF VIRGINIA, TO BE AN ASSIST- COLONEL JOHN S. HARREL, 0000 SECTION 601: ANT ATTORNEY GENERAL, VICE DEBORAH J. DANIELS. COLONEL DUDLEY B. HODGES III, 0000 COLONEL DENNIS E. JACOBSON, 0000 To be lieutenant general IN THE AIR FORCE COLONEL DAVID L. JENNETTE, JR., 0000 MAJ. GEN. JOHN G. CASTELLAW, 0000 COLONEL CALVIN S. JOHNSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL WILLIAM J. JOHNSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL EDWARD A. LEACOCK, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL HENRY C. MCCANN, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL JOHN M. PERRYMAN, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., 601: COLONEL JACKIE S. SWOPE, 0000 SECTION 601: To be lieutenant general COLONEL RANDAL E. THOMAS, 0000 To be lieutenant general COLONEL LARRY W. TRIPHAHN, 0000 MAJ. GEN. EMERSON N. GARDNER, JR., 0000 LT. GEN. ARTHUR J. LICHTE, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESERVE OF THE ARMY TO THE GRADES INDICATED IN THE UNITED STATES MARINE CORPS TO THE GRADE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNDER TITLE 10, U.S.C.,SECTION 12203: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be major general 601: SECTION 601: BRIGADIER GENERAL JOHN P. BASILICA, JR., 0000 To be lieutenant general To be lieutenant general BRIGADIER GENERAL RICHARD M. BLUNT, 0000 MAJ. GEN. JOSEPH F. WEBER, 0000 MAJ. GEN. ROBERT D. BISHOP, JR., 0000 BRIGADIER GENERAL DANNY H. HICKMAN, 0000 BRIGADIER GENERAL LAWRENCE F. LAFRENZ, 0000 IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MICHAEL B. PACE, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL GARY A. QUICK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIGADIER GENERAL GLENN K. RIETH, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED

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WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF FICERS OF THE CLASS STATED. FOR APPOINTMENT AS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLASS TWO, CONSULAR OFFICER AND SECRETARY IN FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR To be vice admiral THE DIPLOMATIC SERVICE OF THE UNITED STATES OF OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE AMERICA: OF THE UNITED STATES OF AMERICA: REAR ADM. JOHN D. STUFFLEBEEM, 0000 DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF COMMERCE CHRISTINE ELDER, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED TODD B. AVERY, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLASS THREE, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DEPARTMENT OF STATE To be rear admiral AMERICA: ROBERT C. DE WITT, OF TEXAS REAR ADM. (LH) HENRY BALAM TOMLIN III, 0000 DEPARTMENT OF STATE PATRICIA GASKILL, OF CALIFORNIA JUDES E. STELLINGWERF, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN O. BALIAN, OF VIRGINIA IN THE UNITED STATES NAVAL RESERVE TO THE GRADE DEBORAH J. FAIRMAN, OF FLORIDA INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ALMA R. GURSKI, OF TEXAS CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN To be rear admiral CHANH TIET NGUYEN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF REAR ADM. (LH) CRAIG O. MCDONALD, 0000 AMERICA: CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DEPARTMENT OF STATE IN THE UNITED STATES NAVAL RESERVE TO THE GRADE AMERICA: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DEPARTMENT OF STATE JACK ANDERSON, OF MINNESOTA To be rear admiral MATTHEW C. AUSTIN, OF WASHINGTON B. BIX ALIU, OF ILLINOIS LANE DARNELL BAHL, OF CONNECTICUT REAR ADM. (LH) BEN F. GAUMER, 0000 ROBERT S. ALLISON, OF MISSOURI MARK D. BARON, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EUGENE JOSEPH ARNOLD, OF MISSOURI SUSAN E. BRIDENSTINE, OF IOWA IN THE UNITED STATES NAVAL RESERVE TO THE GRADE EUGENE BAE, OF KANSAS CLINTON S. BROWN, OF NEW YORK INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: PAUL R. BALDWIN, OF WASHINGTON AARON M. COPE, OF WASHINGTON MARIETTA LOUISE BARTOLETTI, OF CALIFORNIA JONATHAN W. DUBLIN, OF WASHINGTON To be rear admiral KAREN REDDINGER BEL, OF LOUISIANA CECELIA K. EL KHATIB, OF VIRGINIA RUTH BENNETT, OF FLORIDA REAR ADM. (LH) RAYMOND K. ALEXANDER, 0000 POLLY A. EMERICK, OF WASHINGTON JANE ELLEN BOCKLAGE, OF TEXAS JOHN B. EMERY, OF MASSACHUSETTS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLAYTON ALAN BOND, OF THE DISTRICT OF COLUMBIA IN THE UNITED STATES NAVAL RESERVE TO THE GRADE STEPHANIE L. BOWERS, OF OHIO YARYNA N. FERENCEVYCH, OF NEW JERSEY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CYNTHIA ANELA BROWN, OF CALIFORNIA JONATHAN PATRICK FLOSS, OF NEW YORK To be rear admiral STEPHANIE A. BUNCE, OF VIRGINIA RODNEY DELANEY FORD, OF TENNESSEE SHARON LEE CARPER, OF VIRGINIA JEFFREY GLEN GIAUQUE, OF UTAH REAR ADM. (LH) DAVID O. ANDERSON, 0000 RAYMOND A. CASTILLO, OF THE DISTRICT OF COLUMBIA BRIAN MITCHELL GIBEL, OF NEW YORK REAR ADM. (LH) HUGO G. BLACKWOOD, 0000 SHANNON NAGY CAZEAU, OF IDAHO LARA KRISTEN HARRIS, OF ARIZONA REAR ADM. (LH) DIRK J. DEBBINK, 0000 STEVEN CHAN, OF HAWAII JEFFREY R. IZZO, OF NEW YORK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY L. CIPULLO, OF COLORADO KIT ALLISON JUNGE, OF WASHINGTON IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL D. COLE, OF COLORADO KRISTIN M. KANE, OF CALIFORNIA UNDER TITLE 10, U.S.C., SECTION 624: JANAE ELIZABETH COOLEY, OF MICHIGAN JOHN O. KINDER, OF VIRGINIA KAREN N. COVERT, OF FLORIDA ROBERT TODD KOEPCKE, OF PENNSYLVANIA To be rear admiral (lower half) LAURA GABRIELLE COWAN, OF TENNESSEE ALEXEI T. KRAL, OF NEW YORK TRICIA B. CYPHER, OF PENNSYLVANIA CAPT. MICHAEL D. HARDEE, 0000 PREM GANESH KUMAR, OF NEW YORK CHRISTINE MARIE VITTORIA DAL BELLO, OF CALIFORNIA CLARK DARROW LEDGER, OF NEVADA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R. DAYRINGER, OF MISSOURI LINDA BERYL LEE, OF OREGON IN THE UNITED STATES NAVY TO THE GRADE INDICATED JESSIE DEBUSSCHERE, OF CALIFORNIA LESLIE C. LIVINGOOD, OF FLORIDA UNDER TITLE 10, U.S.C., SECTION 624: CARON MARYLA JEAN EMERSON DE MARS, OF TEXAS BIRGITTA S. MATTINGLEY, OF VIRGINIA DANA DAVID DEREE, OF ARKANSAS To be rear admiral (lower half) MARK RICHARD NACHTRIEB, OF MARYLAND MARGARET BRUMFIELD DIOP, OF CALIFORNIA ROBERT C. NEWSOME, OF VIRGINIA CAPT. TIMOTHY V. FLYNN III, 0000 GREGORY P. DRAZEK, OF MARYLAND MARIA CRISTINA NOVO, OF FLORIDA CAPT. CHARLES H. GODDARD, 0000 MICHAEL L. DUNKLEY, SR., OF VIRGINIA CAPT. JOHN C. ORZALLI, 0000 KATHLEEN MARIE EAGEN, OF THE DISTRICT OF COLUM- VINCENT J. O’BRIEN, OF FLORIDA LEYLA L. ONES, OF FLORIDA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BIA SCOTT R. FAGAN, OF VIRGINIA JEFFREY CARL PATMORE, OF CALIFORNIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARISA LEIGH PLOWDEN, OF NEVADA UNDER TITLE 10, U.S.C., SECTION 624: SHARON E. FEISER, OF FLORIDA DAVID M. FORAN, OF CONNECTICUT THOMAS E. REOTT, OF OHIO To be rear admiral (lower half) DANIELLE N. GARBE, OF WASHINGTON MATTHEW SANDELANDS, OF CALIFORNIA KEITH RICHARD GILGES, OF FLORIDA FATUMA YASSIN SANNEH, OF MICHIGAN CAPTAIN WILLIAM R. BURKE, 0000 ALEX D. GREENSTEIN, OF THE DISTRICT OF COLUMBIA ELIZABETH N. SCHWEFLER, OF FLORIDA CAPTAIN NEVIN P. CARR, JR., 0000 MEGHAN GREGONIS, OF PENNSYLVANIA KAREN M SMITH, OF UTAH CAPTAIN PHILIP H. CULLOM, 0000 SARAH L. GROEN, OF NEW HAMPSHIRE WILLIAM W. SULLIVAN, OF TEXAS CAPTAIN MARK I. FOX, 0000 HUGO A. GUEVARA, OF FLORIDA TIMOTHY DALE SWANSON, OF NEBRASKA CAPTAIN WILLIAM D. FRENCH, 0000 RYAN D. HALEY, OF NEW HAMPSHIRE SARAH OLIVIA TAKATS, OF NEW YORK CAPTAIN MICHAEL S. FRICK, 0000 TIM O’NILEE HALL III, OF SOUTH CAROLINA WILLIAM R. TALIAFERRO, OF OREGON CAPTAIN TIMOTHY M. GIARDINA, 0000 MICHAEL HANKEY, OF THE DISTRICT OF COLUMBIA ELIA E. TELLO, OF NORTH DAKOTA CAPTAIN ROBERT S. HARWARD, JR., 0000 PAUL QUENTIN HARRISON, OF TENNESSEE CAPTAIN WILLIAM H. HILARIDES, 0000 SCOTT COOPER TURNER, OF WASHINGTON MALIA V. HEROUX, OF FLORIDA CAPTAIN DANIEL P. HOLLOWAY, 0000 SCOTT EUGENE URBOM, OF WASHINGTON CATHERINE ELIZABETH HOLT, OF CALIFORNIA CAPTAIN DOUGLAS J. MCANENY, 0000 JOHN KOKE WATSON, OF VIRGINIA MICHAEL DAVID HONIGSTEIN, OF FLORIDA CAPTAIN TERENCE E. MCKNIGHT, 0000 GWENDOLYN SIEFERT WEBB, OF TEXAS JOSHUA REUBEN HUCK, OF NEW YORK CAPTAIN DAVID J. MERCER, 0000 JOANNA ROSE WEINZ, OF CONNECTICUT JOAN E. KANE, OF CALIFORNIA CAPTAIN JOHN W. MILLER, 0000 GREGORY S. WIEGAND, OF FLORIDA PAULINE A. KAO, OF WASHINGTON CAPTAIN MICHAEL S. OBRYAN, 0000 L. KIRK WOLCOTT, OF WASHINGTON KATHLEEN T. KERR, OF FLORIDA CAPTAIN FRANK C. PANDOLFE, 0000 ROBERT B. YOUNG, OF CALIFORNIA ALLISON J. LEE, OF OHIO CAPTAIN DAVID L. PHILMAN, 0000 MASON YU, OF WASHINGTON ROSEMARY RAUSCH MACRAY, OF FLORIDA CAPTAIN BRIAN C. PRINDLE, 0000 PETER J. MARIGLIANO, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CAPTAIN DONALD P. QUINN, 0000 DAVID JOSEPH MCGUIRE, OF TENNESSEE CAPTAIN WILLIAM E. SHANNON III, 0000 SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- ANDREW J. MCLEAN, OF OHIO CAPTAIN JAMES A. SYMONDS, 0000 TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED JOSEPH B. MELLOTT, OF THE DISTRICT OF COLUMBIA CAPTAIN STEPHEN S. VOETSCH, 0000 STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- BIANCA E. MENENDEZ, OF VIRGINIA CAPTAIN JAMES P. WISECUP, 0000 CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE JOHN DAVID NYLIN, OF CALIFORNIA OF THE UNITED STATES OF AMERICA: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL B. O’CONNOR, OF MARYLAND IN THE UNITED STATES NAVY TO THE GRADE INDICATED ERIKA OLSON, OF WASHINGTON DEPARTMENT OF COMMERCE UNDER TITLE 10, U.S.C., SECTION 624: RICHARD JOSEPH O’SHEA, OF NEW YORK To be rear admiral (lower half) ANDREW HAK OU, OF CALIFORNIA AARON M. HELD, OF CALIFORNIA LEAH MICHELLE PEASE, OF CALIFORNIA DAO M. LE, OF CALIFORNIA CAPT. TONY L. COTHRON, 0000 CALVIN DALE PETERSON, JR., OF WEST VIRGINIA ROSALIE L. PARKER, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHARINE MONIQUE READ, OF CALIFORNIA MICHAEL K. RUFE, OF FLORIDA IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEANETTE M. REBERT, OF FLORIDA UNDER TITLE 10, U.S.C., SECTION 624: DANIEL MOSHE RENNA, OF NEW JERSEY DEPARTMENT OF STATE RYAN DEAN ROWLANDS, OF CALIFORNIA To be rear admiral (lower half) ERIN E. RUPPRECHT, OF VIRGINIA JAMES A. ABBOTT, OF VIRGINIA ANN MOFFETT RYAN, OF FLORIDA MICHAEL P. ALTHOFF, OF VIRGINIA CAPT. MOIRA N. FLANDERS, 0000 DAVID M. SCHNIER, OF CALIFORNIA PENELOPE SNARE ANGULO, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KERRY ANN O’CONNOR SCHNIER, OF CALIFORNIA T. ALEXANDER ANYSE, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARK A. STAMILIO, OF VIRGINIA WHITNEY L.M. BABASH, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: MOLLY L. STEPHENSON, OF VIRGINIA ANNALISA BROOKS, OF MARYLAND To be rear admiral (lower half) LINDA S. STIRLING, OF CALIFORNIA ANTHONY BURGOS, OF VIRGINIA ZEENAT MUNSHI SYED, OF TEXAS DIEGO FRANK BURNS, OF VIRGINIA CAPT. MICHAEL A. BROWN, 0000 ZIA SHAMIM SYED, OF TEXAS PEACE S. COYLE, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIN YVONNE TARIOT, OF MASSACHUSETTS DEBRA EIYNCK, OF VIRGINIA IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ROBERT WARREN THOMAS, OF TEXAS LARRY L. ELLETSON, OF MARYLAND INDICATED UNDER TITLE 10, U.S.C ., SECTION 12203: SHAWN L. WADDOUPS, OF UTAH LISA I. ERWIN, OF VIRGINIA NICOLE E. WEBER, OF NEW JERSEY To be rear admiral (lower half) DAVID R. FLYNN, OF VIRGINIA HARVEY A. WECHSLER, OF NEW YORK WANDA FRANKLIN GABRIEL, OF THE DISTRICT OF CO- STEVEN T. WESTON, OF VIRGINIA CAPT. JULIUS S. CAESER, 0000 LUMBIA TODD R. WHATLEY, OF TEXAS CAPT. WILLIAM P. LOEFFLER, 0000 TINA GALLOWAY, OF VIRGINIA JAMES B. WILLIAMS, OF ALABAMA CAPT. LEE J. METCALF, 0000 GARY C. GEATING, OF THE DISTRICT OF COLUMBIA WILEY JACKSON WILLIAMS III, OF VIRGINIA CAPT. GARLAND P. WRIGHT, JR., 0000 MICHAEL D. GROSE, OF VIRGINIA THOMAS W. WOLF, OF CONNECTICUT MICHAEL L. JACKMAN, OF VIRGINIA FOREIGN SERVICE MARK EDWARD WOOD, OF FLORIDA MAX S. KABLE, OF VIRGINIA SAMANTHA CARL YODER, OF NEW YORK THE FOLLOWING-NAMED PERSONS OF THE AGENCIES FAYE D. LAIDLAW, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JASON WILLIAM LAMBERT, OF THE DISTRICT OF COLUM- FICERS OF THE CLASS STATED. INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- BIA

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ROGER PAUL LYRENMANN, OF MARYLAND ANTONIA E. CASSARINO, OF VERMONT MARY F. SATTAZAHN, OF VIRGINIA JENNIFER L. MATTHEWS, OF VIRGINIA MARK A. CAUDILL, OF VIRGINIA STEPHANIE L. SCHAECKERMANN, OF VIRGINIA SHANNON MARIE MCDANIEL, OF VIRGINIA SETH J. CAVANAUGH, OF THE DISTRICT OF COLUMBIA GARY E. SCHAEFER, OF COLORADO CHRISTINA JOHNSTON MCLEAN, OF VIRGINIA HUNTER B. CHEN, OF CALIFORNIA MATTHEW B. SCOTT, OF VIRGINIA STEVEN A. RETTINGER, OF VIRGINIA DIANNA NEESE CHIANIS, OF TEXAS TRENT P. SEAGER, OF VIRGINIA AMY JO ROLLINS, OF VIRGINIA CECILIA SUEGIN CHO, OF NEW JERSEY JEFFRY D. SEALS, OF VIRGINIA ANDREW J. ROTH, OF VIRGINIA CORBIN TYLER COWLEY, OF VIRGINIA SARAH FAKHRI SHABBIR, OF GEORGIA TIMOTHY JAMES RUND, OF VIRGINIA AMY COX, OF TEXAS CHRISTOPHER SHAY, OF CALIFORNIA DAVID D. SANTOS, OF VIRGINIA LEARNED DEES, OF THE DISTRICT OF COLUMBIA JASON W. SHEETS, OF CALIFORNIA TERESA L. SCHAUER, OF VIRGINIA JOHN LYNWOOD DENT, OF VIRGINIA JOAN B. SIEGEL, OF MARYLAND JOHN C. SIDEBOTTOM, OF VIRGINIA DANIELA DIPIERRO, OF MASSACHUSETTS JON R. SIKORSKI, OF VIRGINIA CHRISTIE R. SULLIVAN, OF VIRGINIA TIMOTHY PATRICK DOUGHERTY, OF CALIFORNIA ANDREW LEWIS SISK, OF NORTH CAROLINA JARROD C. TISDELL, OF VIRGINIA DAVID J. DRINKARD, OF MISSOURI TYLER K. SPARKS, OF ILLINOIS GERARDO URTEAGA, OF VIRGINIA JOHN HOLMES DUNNE, OF ALASKA BROOKE PATIENCE SPELMAN, OF VIRGINIA HUGUES JACQUES VERRIER, OF THE DISTRICT OF CO- HEATHER GRACE EATON, OF CALIFORNIA EDWARD M. SPRINGER, JR., OF MARYLAND LUMBIA TIMOTHY JOHN ENRIGHT, OF VIRGINIA RAYMOND W. STEPHENS III, OF NEW YORK SOPHIA C. WANG, OF VIRGINIA ARTHUR THOMPSON EVANS, OF THE DISTRICT OF CO- CHARLES STEYER, OF FLORIDA PETER K. WATTS, OF VIRGINIA LUMBIA ADAM C. STONE, OF THE DISTRICT OF COLUMBIA JOHN P. YORRO, OF THE DISTRICT OF COLUMBIA MATTHEW ALEXANDER FERENCE, OF WASHINGTON CAROLYN J. STURLEY, OF VIRGINIA BRIAN FERINDEN, OF FLORIDA UYEN TANG, OF PENNSYLVANIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES ERIC M. FRATER, OF CALIFORNIA TARA M. TELESHA, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CHRISTOPHER J. FRIEDRICH, OF FLORIDA DAISON V. THOMAS, OF THE DISTRICT OF COLUMBIA FICERS OF THE CLASS STATED. FOR APPOINTMENT AS LILIANA GABRIEL, OF VIRGINIA VIKI D. THOMSON, OF ILLINOIS FOREIGN SERVICE OFFICER OF CLASS TWO, CONSULAR MATHEW J. GERARD, OF VIRGINIA ROBERT A. TOLLEY, OF VIRGINIA OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE LLOYD F. GLENN III, OF VIRGINIA JOAQUIN TRUJILLO, TRUJILLO, PH.D., OF VIRGINIA OF THE UNITED STATES OF AMERICA: JOSHUA W. GOLDBERG, OF THE DISTRICT OF COLUMBIA N. PAULA TURNEY, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT DONNA Y. GOODWIN, OF VIRGINIA ELEANOR J. TYLER, OF ILLINOIS ALDEN GREENE, OF FLORIDA PAUL M. VALDEZ, OF TEXAS MICHAEL HUTCHINSON, OF WASHINGTON BRENT ERIC GREENFIELD, OF VIRGINIA STEVE VALENTIN, OF VIRGINIA ALICIA T. PEGUES, OF TEXAS ANAIDA KRISTINA HAAS, OF VIRGINIA MARY F. VALENTINO, OF THE DISTRICT OF COLUMBIA NANCY TOOLAN, OF FLORIDA JOSHUA ALEKSANDR HARMAN, OF VIRGINIA NAOMI JOYCE WALCOTT, OF MARYLAND JENNIFER DIANA HARRIS, OF COLORADO JOHN WILLIAM WHITELEY, OF ILLINOIS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ROCHELLE L. HARRIS, OF THE DISTRICT OF COLUMBIA ERIC C. WHITTINGTON, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN CHRIS HENSMAN, OF RHODE ISLAND BROOKE LEANNE WILLIAMS, OF CALIFORNIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JUSTIN HEUNG, OF THE DISTRICT OF COLUMBIA ELISE E. WILLIAMSON, OF VIRGINIA AMERICA: KELLI A. HOLDEN, OF NEW YORK DAVID R. WILLIS, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT NOEL P. JOHNSON, OF VIRGINIA KEITH M. WOODWELL, OF VIRGINIA CHRISTOPHER B. JOHNSTONE, OF VIRGINIA WILLIE FITZGERALD WRIGHT, OF VIRGINIA MOHAMED K. ABDOU, OF CALIFORNIA BRIAN E. JONES, OF VIRGINIA ANDREW P. YEATMAN, OF VIRGINIA HUGO A. JIMENEZ, OF VIRGINIA JACQUELINE SMITH JONES, OF PENNSYLVANIA MATTHEW BRANDT YOUNGER, OF OREGON DEPARTMENT OF STATE VIVEK JOSHI, OF MASSACHUSETTS MARIE ZULUETA, OF VIRGINIA PETER KAUFMAN, OF THE DISTRICT OF COLUMBIA DON DORRELL CURTIS, OF THE DISTRICT OF COLUMBIA TIMOTHY KIEFER, OF WISCONSIN NATIONAL OCEANIC AND ATMOSPHERIC LAWRENCE JOHN KIMMEL, OF WASHINGTON ADMINISTRATION THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN KAKU KIMURA, OF VIRGINIA SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- SCOTT LAVICTOR, OF MICHIGAN SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED PETER H. LEE, OF CALIFORNIA FOLLOWING FOR PERMANENT APPOINTMENT TO THE STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- DEBORAH BERNS LINGWOOD, OF FLORIDA GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE JEFFREY T. LODERMEIER, OF MINNESOTA MOSPHERIC ADMINISTRATION: OF THE UNITED STATES OF AMERICA: ELIZABETH C. MACKENZIE BIEDELL, OF VIRGINIA To be lieutenant DEPARTMENT OF COMMERCE HONG-GEOK T. MAERKLE, OF CALIFORNIA MARCEL E. MARTINEZ, OF VIRGINIA PAUL ANDREW KUNICKI JEANNETTE L. CHU, OF VIRGINIA JIMMY RAY MAULDIN, OF ALABAMA KENNETH C. DUCKWORTH, OF MARYLAND WHITNEY L. MCCRAY, OF MARYLAND To be lieutenant junior grade MARK C. ELLIOTT, OF THE DISTRICT OF COLUMBIA BRIAN DALE MCCUEN, OF VIRGINIA PAUL WAYNE KEMP WILLIAM P. THORN, JR., OF VIRGINIA CAROLYN K. MCCULLOUGH, OF CALIFORNIA DEPARTMENT OF STATE JULIE S. MCGUINNESS, OF VIRGINIA To be ensign ROSANNA M. MINCHEW, OF VIRGINIA ALYCE N. ABDALLA, OF NEW YORK SUMREEN MIRZA, OF CALIFORNIA REBECCA J. ALMEIDA MICHAEL A. AGUILERA, OF WASHINGTON GLADYS ANGEL MOREAU, OF CALIFORNIA AMY B. COX DAVID CHRISTOPHER ALLEN, OF VIRGINIA STEPHANIE FORMAN MORIMURA, OF NEW YORK JONATHAN R. FRENCH CHRIS L. ANDINO, OF THE DISTRICT OF COLUMBIA KATRINA SARAH MOSSER, OF MINNESOTA MICHAEL O. GONSALVES ALFREDO ARCILA, OF VIRGINIA CARLA T. NADEAU, OF THE DISTRICT OF COLUMBIA SAMUEL F. GREENAWAY KERRI ANN ARDNER, OF VIRGINIA NANCY P. NELSON, OF VIRGINIA TRACY L. HAMBURGER DANIEL JOHN ATHERTON, OF MARYLAND KEVIN HARRIS O’CONNOR, OF CALIFORNIA PAUL S. HEMMICK KARA E. AYLWARD, OF NEW JERSEY ELLEN E. O’NEILL, OF VIRGINIA OLIVIA A. HAUSER K. RICHARD BANGERTER, OF VIRGINIA SPENCER PACKER, OF VIRGINIA MATTHEW J. JASKOSKI MEGAN S. BARTHOLOMEW, OF NORTH CAROLINA ANTHONY R. PAGLIAI, OF FLORIDA STEPHEN C. KUZIRIAN ARTHUR J. BELL, OF CALIFORNIA DAVID THOMAS PARADISE, OF ILLINOIS DANIEL E. ORR ANDREW O. BENNETT, OF VIRGINIA BINDI K. PATEL, OF THE DISTRICT OF COLUMBIA TONY PERRY III KATHARINE E. BERNSOHN, OF THE DISTRICT OF COLUM- SANDEEP K. PAUL, OF MASSACHUSETTS LINDSEY M. VANDENBERG BIA SARAH CATHERINE PECK, OF MASSACHUSETTS HILARY ELIZABETH BEVERAGE, OF VIRGINIA JOHN A. PEREZ, OF VIRGINIA f JENNIFER E. BLAND, OF VIRGINIA ADAM W. PERIN, OF VIRGINIA REBECCA M. BODEN, OF VIRGINIA DANIEL M. PERRY, OF NEW YORK CHRISTIAN J.H. BOLLINGER, OF VIRGINIA ROBERT W. PIEHEL, OF MARYLAND WITHDRAWAL TAMERA A. BOWCUTT, OF VIRGINIA DOUGLAS L. POPOVICH, OF VIRGINIA TRACYE M. BOYD, OF VIRGINIA MICHAEL D. QUINLAN, OF HAWAII Executive Message transmitted by WENDY S. BRAFMAN, OF SOUTH CAROLINA IDRIS A. RAHIMI, OF VIRGINIA the President to the Senate on April 4, ERIC J. BRAZIER, OF VIRGINIA AROOSHA Z. RANA, OF NEW YORK TIMOTHY M. BRYS, OF VIRGINIA BRIAN A. RANDALL, OF IOWA 2005 withdrawing from further Senate EDWARD ALLEN BURKHALTER III, OF VIRGINIA SEAN G. REILLY, OF VIRGINIA consideration the following nomina- LEE A. CALKINS, OF WASHINGTON MELISSA G. RHODES, OF VIRGINIA THERESA H. CANAVAN, OF VIRGINIA BRADLY J. ROBERSON, OF CALIFORNIA tion: PAMELA CAPLIS, OF NEW YORK BRADY ROBERTS, OF THE DISTRICT OF COLUMBIA CLAUDE M. KICKLIGHTER, OF GEORGIA, TO BE A MEM- MARYLOU CARDELLI-SNYDER, OF VIRGINIA NELL ELIZABETH ROBINSON, OF CONNECTICUT BER OF THE DEFENSE BASE CLOSURE AND REALIGN- MARK P. CARR, OF THE DISTRICT OF COLUMBIA CHARLES WILSON RUARK III, OF GEORGIA MENT COMMISSION, WHICH WAS SENT TO THE SENATE RANDY W. CARTWRIGHT, OF VIRGINIA ALEXIS DIANNE SATHER, OF VIRGINIA ON MARCH 15, 2005.

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SENATE COMMITTEE MEETINGS Health, Education, Labor, and Pensions W. Boyle, of North Carolina, to be Title IV of Senate Resolution 4, To hold hearings to examine health care United States Circuit Judge for the provided to non-ambulatory persons. Fourth Circuit, Priscilla Richman agreed to by the Senate on February 4, SD–562 Owen, of Texas, to be United States 1977, calls for establishment of a sys- Appropriations Circuit Judge for the Fifth Circuit, tem for a computerized schedule of all Labor, Health and Human Services, and Robert J. Conrad, Jr., to be United meetings and hearings of Senate com- Education Subcommittee States District Judge for the Western mittees, subcommittees, joint commit- To hold hearings to examine the pro- District of North Carolina, James C. tees, and committees of conference. posed budget estimates for fiscal year Dever III, to be United States District This title requires all such committees 2006 for the National Institutes of Judge for the Eastern District of North to notify the Office of the Senate Daily Health. Carolina, and Thomas B. Griffith, of SD–124 Digest—designated by the Rules Com- Utah, to be United States Circuit Armed Services Judge for the District of Columbia Cir- mittee—of the time, place, and purpose Readiness and Management Support Sub- of the meetings, when scheduled, and cuit. committee SD–226 any cancellations or changes in the To hold hearings to examine military in- Appropriations meetings as they occur. stallation programs in review of the Transportation, Treasury and General As an additional procedure along Defense Authorization Request for fis- Government Subcommittee cal year 2006. with the computerization of this infor- To hold hearings to examine the pro- SR–232A mation, the Office of the Senate Daily posed budget estimates for fiscal year 10 a.m. Digest will prepare this information for 2006 for the Internal Revenue Service. Energy and Natural Resources printing in the Extensions of Remarks SD–138 To hold hearings to examine the nomina- section of the CONGRESSIONAL RECORD tion of David Garman, of Virginia, to 10 a.m. on Monday and Wednesday of each be Under Secretary of Energy. Banking, Housing, and Urban Affairs week. SD–366 To continue hearings to examine regu- Meetings scheduled for Tuesday, 2 p.m. latory reform of the Government-Spon- April 5, 2005 may be found in the Daily Appropriations sored Enterprises. SD–538 Digest of today’s RECORD. Business meeting to markup the Emer- gency Supplemental bill for fiscal year Health, Education, Labor, and Pensions MEETINGS SCHEDULED 2005. To hold hearings to examine the future SD–106 viability of the U.S. Postal Service. APRIL 6 2:30 p.m. SD–342 9:15 a.m. Armed Services Homeland Security and Governmental Af- Agriculture, Nutrition, and Forestry Airland Subcommittee fairs To hold hearings to examine the nomina- To hold hearings to examine tactical To hold hearings to examine the ongoing tion of Charles F. Conner, of Indiana, aviation programs in review of the De- need for comprehensive postal reform. to be Deputy Secretary of Agriculture. fense Authorization request for fiscal SD–342 SR–336 year 2006. Veterans’ Affairs 9:30 a.m. SR–232A To hold hearings to examine the nomina- Banking, Housing, and Urban Affairs Commission on Security and Cooperation tion of Jonathan Brian Perlin, of Mary- To hold hearings to examine regulatory in Europe land, to be Under Secretary of Vet- reform of the Government-Sponsored To hold hearings to examine the efforts erans Affairs for Health. Enterprises. of the Chabad community and the U.S. SR–418 SD–538 Government to recover the 1 p.m. Appropriations ‘‘Schneerson Collection’’ of Jewish Commission on Security and Cooperation Defense Subcommittee books and manuscripts from the Rus- in Europe To hold hearings to examine the pro- sian Government. To hold hearings to examine the recent posed budget estimates for fiscal year SH–216 revolution in Kyrgyzstan and the pros- 2006 for the Air Force. pects now for consolidating democracy, SD–192 APRIL 7 focusing on the implications for Cen- Environment and Public Works 9:30 a.m. tral Asia, Belarus, Russia and the To hold hearings to examine the nomina- Foreign Relations United States. tions of Stephen L. Johnson, of Mary- To hold hearings to examine the nomina- SD–406 land, to be Administrator of the Envi- tions of John Robert Bolton, of Mary- 2 p.m. ronmental Protection Agency, Luis land, to be U.S. Representative to Commerce, Science, and Transportation Luna, of Maryland, to be an Assistant United Nations, with the rank and sta- To hold hearings to examine the Presi- Administrator of the Environmental tus of Ambassador and U.S. Represent- dent’s proposed budget request for fis- Protection Agency for Administration ative in the Security Council of the cal year 2006 for the Department of and Resource Management, John Paul United Nations, and Representative to Homeland Security’s Transportation Woodley, Jr., of Virginia, to be an As- the Sessions of the General Assembly Security Administration and related sistant Secretary of the Army for Civil of the United Nations during his tenure programs. Works, Major General Don T. Riley, of service as Representative of the SR–253 United States Army, to be a Member United States of America to the United Appropriations and President of the Mississippi River Nations. Energy and Water Subcommittee Commission, Brigadier General Wil- SH–216 To hold hearings to examine the pro- liam T. Grisoli, United States Army, to Judiciary posed budget estimates for fiscal year be a Member of the Mississippi River Business meeting to consider S. 378, to 2006 for the Corps of Engineers and the Commission, D. Michael Rappoport, of make it a criminal act to willfully use Bureau of Reclamation. Arizona, to be a Member of the Board a weapon with the intent to cause SD–138 of Trustees of the Morris K. Udall death or serious bodily injury to any 2:30 p.m. Scholarship and Excellence in National person while on board a passenger ves- Homeland Security and Governmental Af- Environmental Policy Foundation, and sel, S. 119, to provide for the protection fairs Michael Butler, of Tennessee, to be a of unaccompanied alien children, S. Business meeting to consider S. 21, to Member of the Board of Trustees of the 629, to amend chapter 97 of title 18, provide for homeland security grant Morris K. Udall Scholarship and Excel- United States Code, relating to pro- coordination and simplification, S. 335, lence in National Environmental Pol- tecting against attacks on railroads to reauthorize the Congressional icy Foundation. and other mass transportation sys- Award Act, S. 494, to amend chapter 23 SD–406 tems, and the nominations of Terrence of title 5, United States Code, to clarify

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 03:31 Apr 05, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M04AP8.000 E04PT1 E522 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2005 the disclosures of information pro- Request for fiscal year 2006; to be fol- APRIL 21 tected from prohibited personnel prac- lowed by an open hearing in SR–232A. 9:30 a.m. tices, require a statement in nondisclo- SR–222 Foreign Relations sure policies, forms, and agreements To hold hearings to examine the anti- that such policies, forms, and agree- APRIL 13 corruption strategies of the African ments conform with certain disclosure 9:30 a.m. Development Bank, Asian Development protections, provide certain authority Foreign Relations Bank and European Bank on Recon- for the Special Counsel, S. 501, to pro- To hold hearings to examine the nomina- struction and Development. vide a site for the National Women’s tions of Daniel Fried, of the District of SD–419 History Museum in the District of Co- Columbia, to be an Assistant Secretary 10 a.m. lumbia, and certain committee reports. of State for European Affairs, and Rob- Veterans’ Affairs SD–342 ert Joseph, of Virginia, to be Under To hold joint hearings with the House Judiciary Secretary of State for Arms Control Committee on Veterans Affairs to ex- To hold hearings to examine the patent and International Security. amine the legislative presentations of system today and tomorrow. the Fleet Reserve Association, the Air SD–226 SD–419 Force Sergeants Association, the Re- Armed Services Indian Affairs tired Enlisted Association, and the Strategic Forces Subcommittee To hold oversight hearings to examine Gold Star Wives of America. To hold hearings to examine Ballistic Indian Health. 345 CHOB Missile Defense Programs in review of SR–485 the Defense Authorization Request for Judiciary APRIL 27 fiscal year 2006. To hold hearings to examine securing SR–222 electronic personal data, focusing on 9:30 a.m. striking a balance between privacy and Indian Affairs APRIL 11 commercial and governmental use. To hold oversight hearings to examine regulation of Indian gaming. 2 p.m. SD–226 Commerce, Science, and Transportation 10 a.m. SR–485 To hold hearings to examine S. 241, to Small Business and Entrepreneurship amend section 254 of the Communica- To hold hearings to examine the small APRIL 28 tions Act of 1934 to provide that funds business health care crisis focusing on 10 a.m. received as universal service contribu- alternatives for lowering costs and cov- Foreign Relations tions and the universal service support ering the uninsured. To hold hearings to examine U.S. Assist- programs established pursuant to that SR–428A ance to Sudan and the Darfur Crisis. section are not subject to certain pro- SH–216 visions of title 31, United States Code, APRIL 14 commonly known as the Antideficiency 10 a.m. MAY 11 Act. Veterans’ Affairs 9:30 a.m. SR–385 To hold joint hearings with the House Judiciary Committee on Veterans Affairs to ex- To hold an oversight hearing to examine APRIL 12 amine the legislative presentations of the Federal Bureau of Investigation’s 9:30 a.m. the Military Officers Association of translation program. Foreign Relations America, the National Association of SD–226 To hold hearings to examine U.S. agri- State Director of Veterans Affairs, cultural sales to Cuba. AMVETS, the American Ex-Prisoners SEPTEMBER 20 SD–419 of War, and Vietnam Veterans of Amer- 10 a.m. 10 a.m. ica. Veterans’ Affairs Energy and Natural Resources 345 CHOB To hold joint hearings with the House To hold hearings to examine developing a Committee on Veterans Affairs to ex- reliable supply of oil from domestic oil APRIL 19 amine the legislative presentation of shale and oil sands resources, focusing 10 a.m. the American Legion. on opportunities to advance technology Foreign Relations 345 CHOB that will facilitate environmentally To hold hearings to examine the Near friendly development of oil shale and East and South Asian experience relat- oil sands resources. ing to combating terrorism through POSTPONEMENTS SD–366 education. 2:30 p.m. SD–419 Energy and Natural Resources APRIL 6 National Parks Subcommittee 2 p.m. To hold hearings to examine manage- APRIL 20 Foreign Relations ment and planning issues for the Na- 2 p.m. To hold hearings to examine North tional Mall, including the history of Armed Services American Border Security. the development, security projects and Readiness and Management Support Sub- SD–419 other planned construction, and future committee 2:30 p.m. development plans. To hold hearings to examine the readi- Judiciary SD–366 ness of military units deployed in sup- Immigration, Border Security and Citizen- Armed Services port of Operation Iraqi Freedom and ship Subcommittee SeaPower Subcommittee Operation Enduring Freedom in review To hold hearings to examine strength- To hold closed hearings to examine Navy of the Defense Authorization Request ening interior enforcement, focusing on shipbuilding and industrial base status for fiscal year 2006. deportation and related issues. in review of the Defense Authorization SR–222 SD–226

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate temporary assistance for needy families, improve ac- Chamber Action cess to quality child care. (S. Rept. No. 109–51) Routine Proceedings, pages S3113–S3161 Measures Passed: Measures Introduced: Eight bills and two resolu- Concurrent Budget Resolution: Senate agreed to tions were introduced, as follows: S. 688–695, S. H. Con. Res. 95, establishing the congressional Res. 93–94. Page S3147 budget for the United States Government for fiscal Measures Reported: year 2006, revising appropriate budgetary levels for Received on Wednesday, March 30, during the fiscal year 2005, and setting forth appropriate budg- adjournment: etary levels for fiscal years 2007 through 2010, after Special Report entitled ‘‘Activities of the Com- striking all after the resolving clause and inserting mittee on Finance of the United States Senate during in lieu thereof the text of S. Con. Res. 18, Senate the 108th Congress’’. (S. Rept. No. 109–48) companion measure, as amended. Special Report entitled ‘‘Summary of Legislative Senate insisted on its amendment, requested a and Oversight Activities during the 108th Con- conference with the House thereon, and the Chair gress’’. (S. Rept. No. 109–49) was authorized to appoint the following conferees on Special Report entitled ‘‘Legislative Activities Re- the part of the Senate: Senators Gregg, Domenici, port of the Committee on Foreign Relations of the Grassley, Allard, Conrad, Sarbanes, and Murray. United States Senate during the One Hundred Page S3158 Eighth Congress’’. (S. Rept. No. 109–50) Death of Senator Howell T. Heflin: Senate S. 52, to direct the Secretary of the Interior to agreed to S. Res. 93, relative to the death of Howell convey a parcel of real property to Beaver County, T. Heflin, former United States Senator from the Utah. (S. Rept. No. 109–43) State of Alabama. Page S3158 S. 54, to amend the National Trails System Act Death of Pope—Agreement: A unanimous-consent to require the Secretary of the Interior to update the agreement was reached providing that at 4:45 p.m., feasibility and suitability studies of four national his- on Tuesday, April 5, 2005, Senate vote on a resolu- toric trails, with amendments. (S. Rept. No. tion relating to the death of the Holy Father, Pope 109–44) John Paul II. Page S3158 S. 56, to establish the Rio Grande Natural Area Nominations Received: Senate received the fol- in the State of Colorado. (S. Rept. No. 109–45) lowing nominations: S. 101, to convey to the town of Frannie, Wyo- Kenneth J. Krieg, of Virginia, to be Under Sec- ming, certain land withdrawn by the Commissioner retary of Defense for Acquisition, Technology, and of Reclamation. (S. Rept. No. 109–46) Logistics. S. 128, to designate certain public land in Hum- David A. Sampson, of Texas, to be Deputy Sec- boldt, Del Norte, Mendocino, Lake, and Napa Coun- retary of Commerce. ties in the State of California as wilderness, to des- Mark V. Rosenker, of Maryland, to be a Member ignate certain segments of the Black Butte River in of the National Transportation Safety Board for a Mendocino County, California as a wild or scenic term expiring December 31, 2010. river. (S. Rept. No. 109–47) Ellen G. Engleman Conners, of Indiana, to be Report to accompany S. 667, to reauthorize and Chairman of the National Transportation Safety improve the program of block grants to States for Board for a term of two years. D277

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Sean Ian McCormack, of the District of Columbia, Messages From the House: Page S3142 to be an Assistant Secretary of State (Public Affairs). Enrolled Bills Presented: Page S3142 Suzanne C. DeFrancis, of Maryland, to be an As- sistant Secretary of Health and Human Services. Executive Communications: Pages S3142–47 Michael Dolan, of New York, to be a Member of Additional Cosponsors: Pages S3147–49 the Board of Directors of the Corporation for Na- Statements on Introduced Bills/Resolutions: tional and Community Service for a term expiring Pages S3149–57 October 6, 2009. Robert M. Duncan, of Kentucky, to be a Member Additional Statements: Pages S3138–42 of the Board of Directors of the Corporation for Na- Notices of Hearings/Meetings: Pages S3157–58 tional and Community Service for a term expiring Authority for Committees to Meet: Page S3158 June 10, 2009. Philip J. Perry, of Virginia, to be General Coun- Adjournment: Senate convened at 2 p.m., and as a sel, Department of Homeland Security. further mark of respect to the memory of the late Linda M. Springer, of Pennsylvania, to be Director Honorable Howell Heflin, former United States Sen- of the Office of Personnel Management for a term of ator from the State of Alabama, in accordance with four years. S. Res. 93, adjourned at 7:17 p.m., until 9:45 a.m., Rachel Brand, of Iowa, to be an Assistant Attor- on Tuesday, April 5, 2005. (For Senate’s program, ney General. see the remarks of the Majority Leader in today’s Alice S. Fisher, of Virginia, to be an Assistant At- Record on page S3158.) torney General. Regina B. Schofield, of Virginia, to be an Assist- ant Attorney General. Committee Meetings 40 Air Force nominations in the rank of general. 95 Army nominations in the rank of general. (Committees not listed did not meet) 4 Marine Corps nominations in the rank of general. DEFENSE AUTHORIZATION: NUCLEAR 42 Navy nominations in the rank of admiral. WEAPONS Routine lists in the Foreign Service, National Committee on Armed Services: Subcommittee on Stra- Oceanic and Atmospheric Administration. tegic Forces concluded open and closed hearings to Pages S3159–61 examine strategic forces and nuclear weapons issues Nominations Withdrawn: Senate received notifica- in review of the Defense Authorization Request for tion of withdrawal of the following nominations: fiscal year 2006, after receiving testimony from Gen- Claude M. Kicklighter, of Georgia, to be a Mem- eral James E. Cartwright, USMC, Commander, ber of the Defense Base Closure and Realignment United States Strategic Command; and Ambassador Commission, which was sent to the Senate on March Linton F. Brooks, Administrator, National Nuclear 15, 2005. Page S3161 Security Administration, Department of Energy. h House of Representatives Chamber Action NEW PUBLIC LAWS (For last listing of Public Laws, see DAILY DIGEST, p. D149) The House was not in session today. Pursuant to S. Con. Res. 23, the House stands adjourned until S. 686, to provide for the relief of the parents of 2 p.m. on Tuesday, April 5. Theresa Marie Schiavo. Signed on March 21, 2005. (Public Law 109–3) H.R. 1160, to reauthorize the Temporary Assist- Committee Meetings ance for Needy Families block grant program No committee meetings were held. through June 30, 2005. Signed on March 25, 2005. (Public Law 109–4) S. 384, to extend the existence of the Nazi War Crimes and Japanese Imperial Government Records

VerDate Aug 04 2004 03:43 Apr 05, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP5.REC D04AP5 April 4, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D279 Interagency Working Group for 2 years. Signed on fense Authorization request for fiscal year 2006, 2:30 March 25, 2005. (Public Law 109–5) p.m., SR–232A. H.R. 1270, to amend the Internal Revenue Code April 7, Subcommittee on Strategic Forces, to hold of 1986 to extend the Leaking Underground Storage hearings to examine Ballistic Missile Defense Programs in Tank Trust Fund financing rate. Signed on March review of the Defense Authorization Request for fiscal 31, 2005. (Public Law 109–6) year 2006, 2:30 p.m., SR–222. Committee on Banking, Housing, and Urban Affairs: April f 6, to hold hearings to examine regulatory reform of the CONGRESSIONAL PROGRAM AHEAD Government-Sponsored Enterprises, 9:30 a.m., SD–538. April 7, Full Committee, to continue hearings to ex- Week of April 5 through April 9, 2005 amine regulatory reform of the Government-Sponsored Senate Chamber Enterprises, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: April On Tuesday, at 4:45 p.m., Senate will vote on a 5, Subcommittee on Surface Transportation and Merchant resolution relating to the death of the Holy Father, Marine, to hold hearings to examine highway, motor car- Pope John Paul II. Also, Senate expect to begin con- rier and hazardous materials transportation safety, and sideration of the State Department Authorization. transportation of household goods, 10 a.m., SR–253. On Wednesday, Senate will meet with the House April 7, Full Committee, to hold hearings to examine of Representatives for a joint meeting to hear an ad- the President’s proposed budget request for fiscal year dress from Viktor Yushchenko, President of Ukraine. 2006 for the Department of Homeland Security’s Trans- During the balance of the week Senate will con- portation Security Administration and related programs, sider any other cleared legislative and executive busi- 2 p.m., SR–253. ness. Committee on Energy and Natural Resources: April 6, to hold hearings to examine the nomination of David Senate Committees Garman, of Virginia, to be Under Secretary of Energy, 10 (Committee meetings are open unless otherwise indicated) a.m., SD–366. Committee on Agriculture, Nutrition, and Forestry: April 6, Committee on Environment and Public Works: April 6, to to hold hearings to examine the nomination of Charles F. hold hearings to examine the nominations of Stephen L. Conner, of Indiana, to be Deputy Secretary of Agri- Johnson, of Maryland, to be Administrator of the Envi- culture, 9:15 a.m., SR–336. ronmental Protection Agency, Luis Luna, of Maryland, to Committee on Appropriations: April 6, Subcommittee on be an Assistant Administrator of the Environmental Pro- Labor, Health and Human Services, and Education, to tection Agency for Administration and Resource Manage- hold hearings to examine the proposed budget estimates ment, John Paul Woodley, Jr., of Virginia, to be an As- for fiscal year 2006 for the National Institutes of Health, sistant Secretary of the Army for Civil Works, Major 9:30 a.m., SD–124. General Don T. Riley, United States Army, to be a April 6, Subcommittee on Defense, to hold hearings to Member and President of the Mississippi River Commis- examine the proposed budget estimates for fiscal year sion, Brigadier General William T. Grisoli, United States 2006 for the Air Force, 9:30 a.m., SD–192. Army, to be a Member of the Mississippi River Commis- April 6, Full Committee, business meeting to mark up sion, D. Michael Rappoport, of Arizona, to be a Member the Emergency Supplemental bill for fiscal year 2005, 2 of the Board of Trustees of the Morris K. Udall Scholar- p.m., SD–106. ship and Excellence in National Environmental Policy April 7, Subcommittee on Transportation, Treasury Foundation, and Michael Butler, of Tennessee, to be a and General Government, to hold hearings to examine Member of the Board of Trustees of the Morris K. Udall the proposed budget estimates for fiscal year 2006 for the Scholarship and Excellence in National Environmental Internal Revenue Service, 9:30 a.m., SD–138. April 7, Subcommittee on Energy and Water, to hold Policy Foundation, 9:30 a.m., SD–406. hearings to examine the proposed budget estimates for Committee on Finance: April 5, to hold hearings to exam- fiscal year 2006 for the Corps of Engineers and the Bu- ine proposals for reform regarding charities and charitable reau of Reclamation, 2 p.m., SD–138. giving, 10 a.m., SD–628. Committee on Armed Services: April 5, Subcommittee on Committee on Foreign Relations: April 7, to hold hearings Personnel, to hold hearings to examine active component, to examine the nominations of John Robert Bolton, of reserve component, and civilian personnel programs in re- Maryland, to be U.S. Representative to United Nations, view of the Defense Authorization Request for fiscal year with the rank and status of Ambassador and U.S. Rep- 2006, 2:30 p.m., SR–232A. resentative in the Security Council of the United Nations, April 6, Subcommittee on Readiness and Management and Representative to the Sessions of the General Assem- Support, to hold hearings to examine military installation bly of the United Nations during his tenure of service as programs in review of the Defense Authorization Request Representative of the United States of America to the for fiscal year 2006, 9:30 a.m., SR–232A. United Nations, 9:30 a.m., SH–216. April 6, Subcommittee on Airland, to hold hearings to examine tactical aviation programs in review of the De-

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Committee on Health, Education, Labor, and Pensions: April Committee on Veterans’ Affairs: April 7, to hold hearings 5, Subcommittee on Education and Early Childhood De- to examine the nomination of Jonathan Brian Perlin, of velopment, to hold hearings to examine Head Start, fo- Maryland, to be Under Secretary of Veterans Affairs for cusing on ensuring dollars benefit children, 9:30 a.m., Health, 10 a.m., SR–418. SD–430. April 6, Full Committee, to hold hearings to examine House health care provided to non-ambulatory persons, 9:30 Committee on Agriculture, April 7, hearing to review im- a.m., SD–562. plementation of the Secure Rural Schools Act of 2000: A April 7, Full Committee, to hold hearings to examine Continuing Commitment to Rural Education and Sus- the future viability of the U.S. Postal Service, 10 a.m., tainable Forestry, 10 a.m., 1300 Longworth. SD–342. Committee on Appropriations, April 5, Subcommittee on Committee on Homeland Security and Governmental Affairs: Departments of Labor, Health and Human Services, Edu- April 5, Oversight of Government Management, the Fed- cation and Related Agencies, on Employee Benefits Secu- eral Workforce, and the District of Columbia, to hold rity Administration, on Employment Standards Adminis- hearings to examine monitoring CMS’ vital signs, focus- tration, and on International Labor Affairs Bureau, 10 ing on implementation of the Medicare prescription drug a.m., 2358 Rayburn. benefit, 10 a.m., SD–342. April 6, Subcommittee on Agriculture, Rural Develop- April 7, Full Committee, to hold hearings to examine ment, Food and Drug Administration, and Related Agen- the ongoing need for comprehensive postal reform, 10 cies, on Natural Resources and Environment, 9:30 a.m., a.m., SD–342. 2362A Rayburn. April 7, Full Committee, business meeting to consider April 6, Subcommittee on Defense, executive, on Army S. 21, to provide for homeland security grant coordina- Acquisition, 10 a.m., H–405 Capitol. tion and simplification, S. 335, to reauthorize the Con- April 6, Subcommittee on Interior, Environment and gressional Award Act, S. 494, to amend chapter 23 of Related Agencies, on Kennedy Center, 10 a.m., B–308 title 5, United States Code, to clarify the disclosures of Rayburn. information protected from prohibited personnel prac- April 6, Subcommittee on the Departments of Labor, tices, require a statement in nondisclosure policies, forms, Health and Human Services, Education, and Related and agreements that such policies, forms, and agreements Agencies, on Centers for Disease Control and Prevention, conform with certain disclosure protections, provide cer- 10:15 a.m., 2358 Rayburn. tain authority for the Special Counsel, S. 501, to provide April 6, Subcommittee on Military Quality of Life, and a site for the National Women’s History Museum in the Veterans’ Affairs, and Related Agencies, on Defense District of Columbia, and certain committee reports, 2:30 Health Program, 10 a.m., on United States Court of Ap- p.m., SD–342. peals for Veterans Claims, 1:30 p.m., on American Battle Committee on Indian Affairs: April 5, to hold hearings Monuments Commission 2 p.m., on Arlington National to examine S. 113, to modify the date as of which certain Cemetery, 2:30 p.m., and on Armed Forces Retirement tribal land of the Lytton Rancheria of California is Home, 3 p.m., H–143 Capitol. deemed to be held in trust, 9:30 a.m., SD–562. April 7, Subcommittee on Agriculture, Rural Develop- Committee on the Judiciary: April 5, to hold an oversight ment, Food and Drug Administration, and Related Agen- hearing to examine the implementation of the USA PA- cies, on Research, Education, and Extension, 9:30 a.m., TRIOT Act, 9:30 a.m., SH–216. 2362A Rayburn. April 7, Full Committee, business meeting to consider April 7, Subcommittee on Interior, Environment, and S. 378, to make it a criminal act to willfully use a weap- Related Agencies, on National Park Service, 10 a.m., on with the intent to cause death or serious bodily injury B–308 Rayburn. to any person while on board a passenger vessel, S. 119, April 7, Subcommittee on the Departments of Labor, to provide for the protection of unaccompanied alien chil- Health and Human Services, Education and Related dren, S. 629, to amend chapter 97 of title 18, United Agencies, on OSHA, on Mine Safety and Health Admin- States Code, relating to protecting against attacks on rail- istration, and on National Institute for Occupational Safe- roads and other mass transportation systems, and the ty and Health, 10 a.m., 2358 Rayburn. nominations of Terrence W. Boyle, of North Carolina, to April 7, Subcommittee Military Quality of Life, and be United States Circuit Judge for the Fourth Circuit, Veterans’ Affairs, and Related Agencies, on BRAC/Global Priscilla Richman Owen, of Texas, to be United States Posture Review; 9:30 a.m., and on public witnesses, 1:30 Circuit Judge for the Fifth Circuit, Robert J. Conrad, Jr., p.m., H–143 Capitol. to be United States District Judge for the Western Dis- April 7, Subcommittee on Departments of Transpor- trict of North Carolina, James C. Dever III, to be United tation, Treasury, and Housing and Urban Development, States District Judge for the Eastern District of North the Judiciary, District of Columbia, and Independent Carolina, and Thomas B. Griffith, of Utah, to be United Agencies, on GSA, 3 p.m., 2358 Rayburn. States Circuit Judge for the District of Columbia Circuit, April 8, Subcommittee on the Departments of Labor, 9:30 a.m., SD–226. Health and Human Services, Education, and Related April 7, Full Committee, to hold hearings to examine Agencies, on Substance Abuse and Mental Health Ad- the patent system today and tomorrow, 2:30 p.m., ministration, on National Institute on Drug Abuse, on SD–226. National Institute on Alcohol Abuse and Alcoholism, and

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on National Institute on Mental Health, 10 a.m., 2358 China’s Anti-Secession Law and Developments across the Rayburn. Taiwan Strait, 9 a.m., 2172 Rayburn. Committee on Armed Services, April 6, hearing on the April 6, Subcommittee on Europe and Emerging Iraq’s past, present and future, 10 a.m., 2118 Rayburn. Threats, oversight hearing on Bosnia-Herzegovina: Unfin- April 6, Subcommittee on Readiness, hearing on Fiscal ished Business, 1 p.m., 2200 Rayburn. Year 2006 National Defense Authorization budget re- April 6, Subcommittee on Western Hemisphere, over- quest—Military Service’s Requirement on Reconstitution sight hearing on China’s Influence in the Western Hemi- of Equipment, 2 p.m., 2118 Rayburn. sphere, 1:30 p.m., 2172 Rayburn. April 6, Subcommittee on Terrorism, Unconventional April 7, full Committee, oversight hearing on Defense Threats and Capabilities, hearing on the Fiscal Year 2006 Trade: Arms Export Controls in the Post–9/11 Security National Defense Authorization budget request—De- Environment, 9:30 a.m., 2172 Rayburn. struction of the U.S. Chemical Weapons Stockpile—Pro- April 7, Subcommittee on Africa, Global Human gram Status and Issues, 1 p.m., 2212 Rayburn. Rights and International Operations, oversight hearing on April 7, Subcommittee on Military Personnel, hearing Foreign Relations Authorization for FY 2005–2006: De- on the Fiscal Year 2006 National Defense Authorization partment of State Management Initiatives, 2:30 p.m., budget request—Military Resale and Morale Welfare and 2200 Rayburn. Recreation Overview, 2 p.m., 2212 Rayburn. April 7, Subcommittee on Middle East and Central April 7, Subcommittee on Tactical Air and Land Asia, to mark up H.R. 282, Iran Freedom Support Act, Forces, hearing on Fiscal Year 2006 National Defense 12 p.m., 2200 Rayburn. Authorization budget request—Department of Defense’s April 7, Subcommittee on Oversight and Investiga- major rotorcraft programs 3 p.m., 2118 Rayburn. tions, oversight hearing on The United Nations Secretary- Committee on Education and the Workforce, April 5, hear- General’s Reform Plan: Rhetoric vs. Reality, 1 p.m., ing entitled ‘‘Financial Accountability in the Head Start 2172 Rayburn. Early Childhood Program,’’ 2 p.m., 2175 Rayburn. Committee on the Judiciary, April 5, Subcommittee on Committee on Energy and Commerce, April 5 and 6, to Crime, Terrorism, and Homeland Security, hearing and mark up the Energy Policy Act of 2005, 4 p.m., on April markup of H.R. 1279, Crime Deterrence and Community 5 and 10 a.m., on April 6, 2123 Rayburn. Protection Act of 2005, 2 p.m., 2141 Rayburn. Committee on Financial Services, April 6, hearing entitled April 6, full Committee, oversight hearing on USA Pa- ‘‘Strengthening America’s Communities: A Review of the triot Act: A Review for the Purposes of its Reauthoriza- Administration’s FY 2006 Budget Initiative,’’ 1 p.m., tion, 1 p.m., 2141 Rayburn. 2128 Rayburn. April 6, Subcommittee on Courts, The Internet, and April 6, Subcommittee on Capital Markets, Insurance Intellectual Property, oversight hearing on Digital Music Interoperability and Availability, 10 a.m., 2141 Rayburn. and Government Sponsored Enterprises, hearing entitled Committee on Resources, April 6, Subcommittee on Na- ‘‘Additional Accounting and Management Failures at tional Parks, oversight hearing on the Implementation of Fannie Mae-OFHEO’s Efforts to Ensure Safe and Sound the National Park Service Concessions Act of 1998, 2 Operations,’’ 10 a.m., 2128 Rayburn. p.m., 1324 Longworth. April 7, Subcommittee on Oversight and Investiga- Committee on Rules, April 5, to consider S. 256, Bank- tions, hearing entitled ‘‘Starving Terrorists of Money: ruptcy Abuse Prevention and Consumer Protection Act of Breaking the Links between Islamic Charities and Terror- 2005, 5 p.m., H–313 capitol. ists,’’ 10 a.m., 2128 Rayburn. Committee on Science, April 7, to mark up H.R. 1215, Committee on Government Reform, April 5, Subcommittee Green Chemistry Research and Development Act of on Federal Workforce and Agency Organization, hearing 2005, 10 a.m., 2318 Rayburn. entitled ‘‘Yucca Mountain Project: Have Federal Employ- Committee on Small Business, April 6, to mark up the ees Falsified Documents?’’ 10 a.m., 2167 Rayburn. following resolutions: H. Res. 130, Recognizing the con- April 5, Subcommittee on Federalism and the Census, tributions of environmental systems and the technicians hearing entitled ‘‘Lands of Lost Opportunity: What Can who install and maintain them to the quality of life of Be Done to Spur Re-Development at America’s all Americans and supporting the goals and ideals of Na- Brownfield Sites,’’ 10 a.m., 2154 Rayburn. tional Indoor Comfort Week; and H. Res. 22, Expressing April 5, Subcommittee on National Security, Emerging the sense of the House of Representatives that American Threats and International Relations, hearing entitled ‘‘As- small businesses are entitled to a Small Business Bill of sessing Anthrax Detection Methods,’’ 2 p.m., 2154 Ray- Rights, 2 p.m., followed by a hearing on the commit- burn. ment of the Export-Import Bank of the United States April 6, Subcommittee on Energy and Resources, hear- (Ex-Im) to assist small business exporters, 3 p.m., 311 ing entitled ‘‘America’s Energy Needs as Our National Cannon. Security Policy,’’ 2 p.m., 2247 Rayburn. Committee on Transportation and Infrastructure, April 6, April 7, full Committee, hearing entitled ‘‘No Com- Subcommittee on Aviation, oversight hearing on Efforts puter Left Behind: A Review of the Federal Government’s to Prevent Pandemics by Air Travel, 2 p.m., 2167 Ray- D+Information Security Grade,’’ 10 a.m., 2154 Rayburn. burn. Committee on International Relations, April 6, Sub- April 7, Subcommittee on Aviation, oversight hearing committee on Asia and the Pacific, oversight hearing on on Transforming the Federal Aviation Administration: A

VerDate Aug 04 2004 03:43 Apr 05, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP5.REC D04AP5 D282 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2005 Review of the Air Traffic Organization and the Joint Pro- Joint Meetings gram Development Office, 10 a.m., 2167 Rayburn. Committee on Ways and Means, April 7, Subcommittee Commission on Security and Cooperation in Europe: April 6, on Oversight, hearing on the 2005 tax return filing sea- to hold hearings to examine the efforts of the Chabad son, current issues in tax administration, and the Internal community and the U.S. Government to recover the Revenue Service budget for fiscal year 2006, 2 p.m., ‘‘Schneerson Collection’’ of Jewish books and manuscripts 1100 Longworth. from the Russian Government, 2:30 p.m., SH–216. Permanent Select Committee on Intelligence, April 6, execu- April 7, Full Committee, to hold hearings to examine tive, Briefing on Weapons of Mass Destruction, 10 a.m., the recent revolution in Kyrgyzstan and the prospects H–405 Capitol. now for consolidating democracy, focusing on the impli- April 7, executive, hearing on General Defense Intel- cations for Central Asia, Belarus, Russia and the United ligence Programs, 9 a.m., H–405 Capitol. States, 1 p.m., SD–406.

VerDate Aug 04 2004 03:43 Apr 05, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP5.REC D04AP5 April 4, 2005 CONGRESSIONAL RECORD—DAILY DIGEST D283

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED NINTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through March 31, 2005 January 5 through March 31, 2005

Senate House Total Civilian nominations, totaling 138, disposed of as follows: Days in session ...... 35 26 . . Confirmed ...... 29 Time in session ...... 243 hrs., 42′ 164 hrs., 13′ .. Unconfirmed ...... 109 Congressional Record: Pages of proceedings ...... 3,112 1,735 . . Extensions of Remarks ...... 519 . . Other Civilian nominations, totaling 572, disposed of as follows: Public bills enacted into law ...... 2 4 6 Confirmed ...... 268 Private bills enacted into law ...... 1 . . . . Unconfirmed ...... 304 Bills in conference ...... Bills through conference ...... Measures passed, total ...... 78 118 196 Air Force nominations, totaling 5,657, disposed of as follows: Senate bills ...... 9 3 . . Confirmed ...... 5,052 House bills ...... 3 27 . . Unconfirmed ...... 605 Senate joint resolutions ...... 1 . . . . House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 6 4 . . Army nominations, totaling 1,963, disposed of as follows: House concurrent resolutions ...... 9 22 . . Simple resolutions ...... 50 61 . . Confirmed ...... 1,804 Measures reported, total ...... *75 *28 103 Unconfirmed ...... 159 Senate bills ...... 55 . . . . House bills ...... 10 . . Navy nominations, totaling 146, disposed of as follows: Senate joint resolutions ...... House joint resolutions ...... Confirmed ...... 138 Senate concurrent resolutions ...... 1 . . . . Unconfirmed ...... 8 House concurrent resolutions ...... 2 . . Simple resolutions ...... 19 16 . . Special reports ...... 3 1 . . Marine Corps nominations, totaling 1,289, disposed of as follows: Conference reports ...... Confirmed ...... 1,226 Measures pending on calendar ...... 57 10 . . Unconfirmed ...... 63 Measures introduced, total ...... 805 1,795 2,600 Bills ...... 678 1,454 .. Joint resolutions ...... 11 39 . . Summary Concurrent resolutions ...... 24 120 . . Simple resolutions ...... 92 182 . . Total nominations carried over from the first session ...... 0 Quorum calls ...... 1 1 . . Total nominations received this session ...... 9,765 Yea-and-nay votes ...... 81 52 . . Total confirmed ...... 8,517 Recorded votes ...... 37 . . Total unconfirmed ...... 1,248 Bills vetoed ...... Total withdrawn ...... 0 Vetoes overridden ...... Total returned to the White House ...... 0

* These figures include all measures reported, even if there was no accompanying report. A total of 51 reports have been filed in the Senate, a total of 29 reports have been filed in the House.

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Next Meeting of the Senate Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, April 5 2 p.m., Tuesday, April 5

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of rou- Program for Tuesday: To be announced. tine morning business (not to extend beyond 60 minutes). At 4:45 p.m., Senate will vote on a resolution relating to the death of the Holy Father, Pope John Paul II. Also, Senate expects to begin consideration of the State Department Authorization bill. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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