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, TUESDAY, DECEMBER 13, 2005 No. 159 Senate The Senate met at 11 a.m. and was U.S. SENATE, accommodate a lengthy week and pos- called to order by the Honorable PRESIDENT PRO TEMPORE, sible weekend session so that we may WAYNE ALLARD, a Senator from the Washington, DC, December 13, 2005. complete our business and then go State of Colorado. To the Senate: home for the holidays. Under the provisions of rule I, paragraph 3, The PRESIDING OFFICER. Today’s of the Standing Rules of the Senate, I hereby f prayer will be offered by our guest appoint the Honorable WAYNE ALLARD, a IRAQI DEMOCRACY Chaplain, Dr. Richard Foth. Senator from the State of Colorado, to perform the duties of the Chair. Mr. FRIST. Mr. President, I wish to PRAYER TED STEVENS, comment just very briefly on what is The guest Chaplain offered the fol- President pro tempore. going on over the course of this week lowing prayer: Mr. ALLARD thereupon assumed the in Iraq, as it focuses on Iraqi democ- Shall we pray. chair as Acting President pro tempore. racy and the process that has begun in this country today and will continue Almighty God, creator of heaven and f Earth, creator of each of us, we thank through Thursday when the elections You for this day. This is the day You RESERVATION OF LEADER TIME are carried out in Iraq. have made, and we ‘‘will rejoice and be The ACTING PRESIDENT pro tem- Earlier this morning, I had the op- glad in it.’’ pore. Under the previous order, the portunity to talk at the White House As our Senators conduct the business leadership time is reserved. in a meeting by teleconference with of the Nation, pressing to determine our Ambassador to Iraq, in Iraq, and f critical issues before year’s end, we General George Casey about the re- pray for them a baptism of patience MORNING BUSINESS markable progress going on in that country today as they updated us with and clear seeing. Give them the The ACTING PRESIDENT pro tem- the plans for the elections, what is un- strength to press on the issues and the pore. Under the previous order, there derway, and looking back to the tre- capacity to give and receive personal will be a period for the transaction of mendous progress that has been made grace in the heat of battle. morning business. In the confluence of political pres- over the last several months and the sures and seasonal celebrations of good f truly remarkable progress that has will, we pause to recognize our need of RECOGNITION OF THE MAJORITY been made in the elections in January You, Lord. We are grateful for Your LEADER and October and now the preparations sovereignty in the world and Your de- made for the elections this week. The ACTING PRESIDENT pro tem- signed place in our lives. You are in- On Thursday, the Iraqi people began pore. The majority leader is recog- deed, Immanuel, ‘‘God with us.’’ what is a historic process for choosing nized. In Your Holy Name we pray. Amen. their first fully constitutional parliament since the fall of Saddam, cul- f f minating in this nationwide vote on PLEDGE OF ALLEGIANCE SCHEDULE Thursday, December 15. In our brief- The Honorable WAYNE ALLARD led Mr. FRIST. Mr. President, today, ings this morning, it was pointed out the Pledge of Allegiance, as follows: after a period of morning business, the that the elections are Thursday and I pledge allegiance to the Flag of the Senate will debate the Bahrain Free many of us will be watching to see how United States of America, and to the Repub- Trade Agreement under a 60-minute large a turnout there will be, recog- lic for which it stands, one nation under God, time agreement reached last night. nizing that 10 million people turned indivisible, with liberty and justice for all. Later today, we will also begin debate out for the last elections in October. f on the motions to instruct conferees Our briefers also pointed out the fact with respect to the deficit reduction APPOINTMENT OF ACTING that we have to moderate our expecta- bill. We hope to have a unanimous con- PRESIDENT PRO TEMPORE tions a little bit in terms of the overall sent agreement ready which will lock timing because of the sequence of the The PRESIDING OFFICER. The in those motions for debate and votes. events with the elections on Thursday clerk will please read a communication We are still trying to determine ex- and then a preliminary certification of to the Senate from the President pro actly when those stacked votes will the elections about a week later and tempore (Mr. STEVENS). occur, and I will announce that shortly then a final certification in early Janu- The legislative clerk read the fol- as we get closer to an agreement. Mem- ary, around January 6 or 7. The govern- lowing letter: bers should adjust their schedules to ment itself becomes a product of that

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

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VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.000 S13DEPT1 S13460 CONGRESSIONAL RECORD — SENATE December 13, 2005 parliament, and that will not be final- to recognize the importance of taking CONTINUED DUMPING AND ized until April of next year, but the part in that democratic process. SUBSIDY OFFSET ACT process has begun, and the votes, even Only through peaceful politics can Mr. CRAIG. Mr. President, the lead- among Iraqis in this country right now, the Sunni Arab community in Iraq ener, in opening the Senate this morning, are beginning today. sure that its rights are secured, its in- said we would come to the floor later The country, as we think back just terests protected, and its people rep- today to begin to debate motions to in- 21⁄2 years ago, that was ruled by tyr- resented at the national, provincial, struct the conferees on the budget res- anny and despotism is, with the help of and local levels. olution conference that is now under- American and coalition forces, trans- Even though many Sunnis voted way and being negotiated between the forming itself into a hopeful and demo- against Iraq’s permanent constitution, House and the Senate. cratic society. That hope is being felt the trend line of increased political Of course, that is critical to our by the Iraqi people as they move for- participation among the Sunni popu- going home—the process to finalize the ward, rebuilding and renewing their lation is heading up. work of the Congress this year. So for country. This morning, we were briefed di- the next few moments, I wish to speak In yesterday’s widely reported new rectly from Iraq. The number of polling about two issues that are in that con- polling data, the Iraqis believe their stations in the Sunni parts of the coun- ference that will be a part of the debate lives are going well, with nearly two- try are increasing dramatically day by this afternoon on the instruction of thirds expecting that things will im- day, much surpassing expectations. conferees. prove in the months and years ahead. More than 300 political parties and The first one is what we call the Byrd Average household incomes have sky- coalitions have registered for this amendment, also known as the Contin- rocketed by 60 percent in the last 20 week’s elections. Candidates are cam- ued Dumping and Subsidy Offset Act. months, and Iraqis are quickly joining To set the record straight, it is im- paigning, and the Iraqi people are the swift current of modernity with portant to say that so people under- again showing their willingness to defy cell phones and the Internet, cars, stand when I reference the Byrd terrorist threats and participate—and washing machines, and satellite dishes. amendment I am not talking about the participate actively—in the political Even ABC News, which commissioned Byrd rule as it relates to what can and process. the poll, rates the Iraqi mood at ‘‘a re- cannot be inside the budget resolution As President Bush articulated in his markable level of optimism.’’ but is, in fact, what Senator BYRD, I, speech yesterday in Philadelphia, Iraq In Thursday’s elections, we will also and joined by others some time ago is that central front in the war on ter- have marked yet another milestone in know as the Continued Dumping and ror. their transition from dictatorship to Subsidy Offset Act. democracy. Just in the past year, we Their move to democracy is essential As many Senators are aware, this have witnessed a series of truly ex- to our shared victory over terrorism. amendment, the Byrd amendment, has traordinary events. Last January, 8.5 It is not going to be easy. had tremendous support in this body. million Iraqis defied the terrorists and We face an enemy who targets inno- In fact, in 2003, 70 Senators notified the marched to the polls. Who will ever for- cent civilians with bombings and be- President of our strong support for this get the remarkable picture of Iraqis headings—an enemy who despises free- provision. Further, just recently, 25 proudly displaying their purple-stained dom, that fears democracy. They will Republican Senators notified the ma- finger, citing that freedom, that ability bend every effort to derail Iraq’s con- jority leader of our strong opposition to vote. They showed the world their tinued progress until they are ulti- to any repeal of the Byrd amendment readiness and eagerness to participate mately defeated. in the Deficit Reduction Act. I firmly in a new system of government. But I am confident the Iraqi people believe those 25 Senators stand firm in Throughout the summer, Iraq’s lead- will succeed and that together we will their opposition to any repeal. A provi- ers worked through the painful give- prevail over the terrorist enemy. sion such as the Continued Dumping and-take process of drafting the na- Time and time again, the Iraqi people and Subsidy Offset Act that has so tion’s permanent constitution. Even have shown their friends and their en- much support has no place whatsoever though much of Iraq’s Sunni Arab pop- emies that they are steadfast in their in the budget resolution or what we ulation boycotted the January elec- determination to secure a bright, call the Deficit Reduction Act. How- tions, Iraq’s elected officials worked peaceful, and prosperous future for ever, some in this body are calling the hard to reach out and include the their children and for their grand- Byrd amendment ‘‘corporate welfare.’’ Sunni Arab representatives in the con- children. If people in this country call a provi- stitution-drafting process. They under- They will do so again on Thursday, sion that protects U.S. companies and stood the importance of including lead- this Thursday, December 15. manufacturers from intentional and il- ers from all of Iraq’s ethnic and reli- I applaud President Bush for his un- legal foreign dumping and in subsidies, gious communities in such a historic wavering commitment to freedom and so be it. You can call it anything you endeavor. As we saw by summer’s end, liberty for the Iraqi people. I applaud want, but that is the reality of the ex- their patience, compromise, and inclu- the Iraqi people for their unwavering isting law. When foreign companies sion paid off. The draft they produced courage to secure their democratic fu- continue to dump and get subsidies established the framework for a stable ture. even after an order goes into effect, the and democratic Iraq at the heart of the The United States will continue to U.S. industry gets absolutely no ben- Middle East. Their new constitution stand behind them as they work to be- efit from that measure. The only way safeguards individual minority rights, come a peaceful, a united, a stable, and we can level the playing field in those guarantees the protection of human a secure and more prosperous nation, a instances is to prevent those duties to rights, and creates a system of govern- full member of the international com- be distributed to the very American ment based on the rule of law and the munity and a full partner in the global companies that are injured by those will of the Iraqi people. war on terrorism. flagrant and illegal practices. In October, the Iraqi people turned Some in this body would like to re- I yield the floor. out again, in overwhelming numbers, peal the Byrd amendment because it to ratify their permanent constitution. The ACTING PRESIDENT pro tem- has been estimated to result in $3.2 bil- More than 10 million Iraqis across reli- pore. The Senator from Idaho is recog- lion in cost savings. gious and ethnic lines went to the polls nized. I have to tell you this estimate, in to demonstrate their growing desire to Mr. CRAIG. Mr. President, may I in- my opinion, is pure fabrication. have their voice heard in a democratic quire as to the state of the Senate? Are This year, for example, the Congres- political process. we in morning business? sional Budget Office estimated that Most of the increase in voter turnout The ACTING PRESIDENT pro tem- this act’s provisions would come to $800 came in Sunni areas of the country. pore. We are in morning business. million in fiscal year 2005. In reality, As the political process continues to Mr. CRAIG. I thank the Chair. I will however, the figure was $226 million. unfold, Iraq’s Sunni Arabs are coming speak as in morning business. CBO’s estimate was off by a factor of

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.002 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13461 three. That tells me that the 5-year es- ate. The MILC Dairy Price Support not to fund the MILC Program, adhere timate for 2006–2010 is grossly overesti- Program was included in the 2000 farm to the sunset provision provided and mated. Therefore, if we include repeal bill to create a permanent direct pay- allow a program to die as this program of the Byrd amendment to inflate ment program to the dairy producers. effectively did by the sunset in Sep- budget-deficit reduction numbers, we During the farm bill debate, USDA tember of this year. are clearly not getting those cost sav- warned that the new program would Mr. President, I ask unanimous con- ings, while at the same time injuring run counter to the old dairy price sup- sent to have printed for the RECORD ar- U.S. companies that are committed to port program in place since the 1940s. ticles in opposition to the MILC Pro- preserving and growing manufacturing Analysis by the USDA in August of gram and also an article from the Wall jobs in this country. 2002 concluded that the MILC Program Street Journal. Finally, some have argued we must would cause overproduction, thereby There being no objection, the mate- repeal the act because it is in violation lowering farm prices to producers, forc- rial was ordered to be printed in the of the WTO. ing the government to purchase the ex- RECORD, as follows: First, I believe this shows how far cess until prices stabilized. However, DECEMBER 1, 2005. the WTO has overstepped their guide- Congress ignored the USDA warning DEAR REPRESENTATIVE: On behalf of the lines in placing obligations on our and authorized the program to last hundreds of thousands of senior citizens we country we have never agreed to. until September of 2005, enough time to support across America, I urge you to make Second, there is nothing in any WTO see dairy producers through the tough every effort to be sure that MILC, the now defunct dairy farmer giveaway program is agreement that specifies how countries times back in 2002. not resurrected through inclusion in Rec- must spend their dumping duty pro- Now, after over $2 billion in tax- onciliation, or any other measure. Costing ceeds. If we must do anything with re- payer-funded programs, some in the roughly $1 billion (actual outlays could spect to WTO, we ought to tell Ambas- Congress have easily forgotten about again top $2 billion), a new MILC program, sador Portman, as the Senate has done the agreement to sunset a program. once more propping up inefficient dairy many times in the past, to negotiate a When we sunset a program it is the in- farmers, should have no place in a budget specific agreement permitting duty tent of Congress to conclude it. that cuts spending on Medicare, Medicaid, distribution in the Doha Round. This is Let me give some examples of how and other key senior programs like LIHEAP. distorted it has become if the program Outdated dairy farmer welfare has no busi- not the time to repeal this provision ness in what should be a free-market. MILC, while our negotiators are still at the is in support and in relation to produc- and similar government intrusions into the negotiating table. tion in our country. Idaho dairy pro- dairy marketplace, cause instability and I strongly urge my colleagues and duction is now 4th in the Nation and price spikes. If extended, MILC will once the leadership to remove the repeal of one of the top economic drivers in the again (as the USDA admits) work in conflict the Byrd amendment from the Deficit economy of my State. During the 2003– with the federal milk price support system. Reduction Act. This is simply not the 2005 period, Idaho received $39 million Worst of all, the oldest and the poorest time nor the place for such an action. in MILC payments, enough to be among us will suffer mightily to pay for the MILC giveaway to a select few dairy farmers. Further, I urge my colleagues to fall ranked 12th in total payments received It would truly be outrageous to create a in line and support a motion to in- in the program, yet they are fourth in new MILC program, or worse to have one instruct conferees to remove this repeal. production in the Nation. cluded in reconciliation just to win passage! Failure to do so will send a message to In comparison, California received Just look at what that nearly $1 billion in our injured U.S. companies and manu- $149 million over the same time, is MILC giveaway money will buy: facturers that Congress is wearing ranked fifth in total payments and, of Medicare—The House proposal would cut $5 rose-colored glasses and fails to see or course, California is the No. 1 milk pro- billion in Medicare funding over five years. act upon the evils of illegal dumping ducer in the Nation. The almost $1 billion being proposed for the There seems to be no relationship. I MILC boondoggle could restore Medicare and foreign subsidies. funding and help provide better health care f guess some hands are just too sticky to to some 140,000 elderly Americans. let money pass just because the law is MILK INCOME LOSS CONTRACT Medicaid—The House proposal cuts Med- 3 years old and ready to expire. icaid spending by $11.4 billion, compared Mr. CRAIG. Mr. President, in speak- My point is this: It is important to with $4.3 billion in Senate cuts. That $1 bil- ing to conferees this afternoon in rela- understand just what this program lion MILC giveaway could be better used to tion to the deficit reduction or the does and what the $1 billion for one give over 248,000 of the poorest Americans ac- budget reconciliation process, this is program means in the overall picture. cess to health care through Medicaid. Low Income Heating Assistance Program an issue that, frankly, most Senators It has become market distorted. It pro- or LIHEAP—Through LIHEAP, that wasted probably have not heard all that much vides little to no parity to all pro- $1 billion in MILC money could help some about. ducers. It encourages inefficient over- 2,680,965 people cope with sky-rocketing Everyone agrees that the reconcili- production in milk and it sends the heating bills. It could be their only chance to ation act, or Deficit Reduction Act, is exact opposite signal to our trade nego- stay warm this winter. an attempt by Congress to rein in tiators trying to sell the rest of the Student Loans—At a time when student spending and to build the appropriate world on the idea that the United loan programs are being slashed ($14.3 billion budget in this climate. This legislation States is willing to cut domestic sub- in the Senate and $8.8 billion in the House), $1 billion in special interest MILC funding makes tough cuts in important pro- sidies and amber box payments. could help our grandchildren attend college grams in all areas of Government. Regarding the WTO negotiations, our at a time when college costs are rising faster While nearly all programs are taking United States Trade Representative than inflation. The House cuts will cost each their lumps—if you will, sucking it up and USDA Secretary and many others student up to $5,800 more in interest and fees a bit—Congress is, ironically, consid- are currently attempting to negotiate over the life of their loans. ering increasing spending in a bill in the latest Doha Round getting start- Food Stamps—Adding the $1 billion in whose sole purpose is to decrease ed in Hong Kong as we speak. It is MILC money to this important program that spending. clearly important we send a message. helps feed needy seniors would fully restore the $800 million in Food Stamp funding cut The Senate’s version of the Budget It is also important when we sunset a by the House. Reconciliation Act, or Deficit Reduc- program after having found out it is We believe the wasteful, expensive MILC tion Act, includes a provision renewing market distorting, we ought to do just program should be left to rest in peace, thus the Milk Income Loss Contract Pro- that, instead of pump it up again while helping to keep needed senior health care gram, also known as the MILC Pro- we are asking all other programs that and nutrition programs fully funded. As one gram, which currently expired in Sep- are federally expended to reduce their recent Wall Street Journal Editorial, Milk- tember of this year. overall expenditures, to reduce the ing the Taxpayer notes, the USDA identifies The CBO has scored this renewal in no less than a half-dozen support programs budget deficit and to bring this budget for dairy farmers. We urge you to oppose the costs to the taxpayers of $1 billion over under control. same tired old politics of vote trading and a 2-year period. In other words, half a I hope our conferees, as they nego- ever more pork barrel largesse for just a billion a year. This deserves much tiate the budget deficit reduction act, handful of dairy farmers on the dole. Instead, more attention than it got in the Sen- or the budget resolution, would decide we urge you to stand up for all of the seniors,

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.004 S13DEPT1 S13462 CONGRESSIONAL RECORD — SENATE December 13, 2005 the poor, the needy, the students, and the In short, MILC distorts the market and We do it because we think ultimately veterans who will have less, just to fund conflicts directly with other pre-existing it is in the public interest to do so. But MILC. As the Journal Editorial says so well, subsidy programs. It has also cost close to $2 just as the Framers recognized, we ‘‘Taxpayers have been MILCed enough by billion since its inception, nearly twice the need to provide a balance, to balance this particular boondoggle.’’ $1 billion originally budgeted for it. Letting these very forceful, very powerful tools Please do the responsible thing for all it expire should have been a no-brainer, not Americans by working to put an end to least because dairy farmers still enjoy nu- with personal freedom, civil liberty. MILC once and for all. Rewarding ineffi- merous other forms of government handouts. So as a result, we require the govern- ciency should never be the function of any It was kept alive in the Senate through the ment, or government agents, to show government program, even when there are exertions of Vermont Democrat Pat Leahy, cause before they conduct a search. We surplus funds to spend. Now, when important who isn’t known for helping the GOP agenda. set standards for evidence in a court- health care and nutrition programs are being With no GOP Senators in either Vermont or room. They need to meet certain stand- cut or cancelled, MILC should not be allowed Wisconsin, Republicans don’t even have a po- ards of evidence to conduct a search, to rear its head again. litical motive for keeping this subsidy alive. certain standards of evidence to detain Sincerely, Two billion dollars over three years may MICHELLE PLASARI, an individual or a suspect. And, of be a drop in the fiscal milk-bucket, but Re- course, we have the principle of due President, RetireSafe. publican lawmakers used to insist on JIM MARTIN, sunsetting government programs for a rea- process, trial by jury, and the ability President, 60 Plus As- son. Taxpayers have been MILCed enough by to have an appeal heard in a court of sociation. this particular boondoggle. law. Some people may say: We know that. f [From the Wall Street Journal, Nov. 14, 2005] These are fundamental. These are basic MILKING THE TAXPAYER MORNING BUSINESS to our system of justice. But it is im- It is a sign of just how unmoored from fis- Mr. CRAIG. Mr. President, I ask portant that we are reminded of these cal responsibility the current Congress has basic principles if we are going to get become that in the midst of a loud struggle unanimous consent there now be a pe- over mostly symbolic budget cuts, the party riod of morning business with Senators the reauthorization and the extension in power is having trouble even letting dead permitted to speak up to 10 minutes of the PATRIOT Act correct. programs stay dead. each. This is not a new set of issues. These One such program is the Milk Income Loss The PRESIDING OFFICER (Mr. are the very issues contemplated by Contract program—MILC for short, cleverly CHAMBLISS). Without objection, it is the Framers. In many respects, these enough—which passed its sell-by date at the police powers are issues that alarmed end of September and expired. The House so ordered. Mr. CRAIG. Mr. President, I suggest the Framers—and I say alarmed be- budget bill does not include its revival. But cause they were so concerned about the the Senate version reauthorizes MILC, and the absence of a quorum. in 2004 the President promised Wisconsin The PRESIDING OFFICER. The powers of Government and the powers voters that he would fight for its extension, clerk will call the roll. of the State that they wrote specific so its fate lies with the House-Senate con- The legislative clerk proceeded to protections into the Constitution. The ference that will reconcile the two massive call the roll. fourth amendment, protecting from un- budget bills. Mr. SUNUNU. Mr. President, I ask reasonable search and seizure, specifi- MILC was one product of the 2002 farm-sub- cally addresses the threshold of prob- sidy bill, and even by farm-subsidy standards unanimous consent that the order for the quorum call be rescinded. able cause, that the Government shall it is perverse. At the time the program was show probable cause before it conducts voted into law, Congress asked the Depart- The PRESIDING OFFICER. Without search and seizure of personal prop- ment of Agriculture to study the effects of objection, it is so ordered. erty. the various government-support programs on Mr. SUNUNU. Mr. President, I ask the dairy business. The USDA duly issued its The fifth amendment protects us permission to speak in morning busi- from self-incrimination. We have all report in August, and for a technical docu- ness. ment the report was unequivocal that ‘‘there seen enough Perry Mason to under- The PRESIDING OFFICER. The Sen- is a basic incompatibility’’ between MILC stand what it means to invoke one’s and other pre-existing dairy subsidy pro- ator is recognized for 10 minutes. rights under the fifth amendment. It grams. (The USDA report identifies no fewer f speaks specifically about due process than a half-dozen support programs for dairy PATRIOT ACT REAUTHORIZATION and the right to an open, fair due proc- farmers.) ess when one is being prosecuted, The conflict is this. One of the oldest pro- Mr. SUNUNU. Mr. President, today I whether it is for a criminal act or grams is the milk price-support program, come to the floor to speak about the whether we are prosecuting one of which dates to the Depression-era Agricul- pending reauthorization, extension of tural Adjustment Act. Under that program, these powers of search and seizure, a the PATRIOT Act, the legislation the government steps in and buys milk when power of the State to issue a search the price falls below a certain level. If that passed in the wake of the September 11 warrant. support price is set low enough, it provides attacks. This debate is fraught with The sixth amendment speaks specifi- some income security to farmers while al- emotion because we were all outraged cally about a right to a trial and what lowing the market to clear and production to at what happened on September 11. Ev- it means to have one’s case heard be- fall to the point where prices can rise again. eryone in America and around the Here’s where MILC pours in and clouds the fore a jury or in a court of law. All of world shares a desire to address the these amendments and others, but picture. MILC makes direct payments to threat of global terrorism, to give law farmers based on their production whenever these three in particular, speak di- the milk price falls below a certain level. enforcement appropriate powers to pur- rectly to balancing the rights of indi- What’s more, MILC kicks in at a much high- sue those terrorists. But we want to viduals and the liberty of individuals er level than the price-support program. The make sure in doing so we pass legisla- with the powers of the State. effect of this is that production is encour- tion that is in keeping with the prin- The Framers were, quite frankly, aged by MILC even as prices are falling, ciples on which our country was found- very distrustful of Government and the which drives the price down toward the sup- ed—principles of individual liberty and power of the Federal Government. I try port level and prevents the shakeout that freedom. to be a little less pessimistic in my the price-support program is intended to Ultimately, this debate about renew- allow. work in the Senate, but I must be The Agriculture Department found that ing, extending the PATRIOT Act is frank with my colleagues in stating MILC does in fact artificially depress the about police powers, the power that the that on this issue, on the PATRIOT price of milk by encouraging overproduction, people, through their elected rep- Act, I have begun this debate more which is just what you’d expect. Then, resentatives, give to government, give from a position of mistrust and con- through the price-support mechanism, the to agents of government. Whether it is cern about the work that had been government winds up buying the milk that at the State, local, or Federal level, we done in preparation for this reauthor- MILC encouraged the farmers to produce. give certain police powers to govern- Thus, in the Ag Department’s dry ization and the position taken by the bureaucratese: ‘‘The price support program ment to conduct searches. We give the administration. I will speak to that in and the MILC program provide an example of government power to detain individ- a moment, but it is important to note problems that can be caused by conflicting uals. We give the government power to that on the Senate side we had bipar- policy outcomes.’’ serve subpoenas, to confiscate records. tisan agreement and on the Senate side

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.001 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13463 we had terrific leadership by Senator ing order issued without the approval tablished a very broad standard, too SPECTER on these issues. He under- of a judge that gives investigators ac- broad a standard, for investigators to stands this balance probably as well as cess to financial data, to medical data, get access to sensitive records—wheth- anyone in the Senate. I do not fault his or to other transaction records; the er it is at a business or a library; it work as a chairman and certainly not roving wiretap provision that is nec- makes no difference. The standard is the work of the Senate as a whole, essary because we have new commu- that the records simply be shown as given that we had incorporated a num- nication technologies that are more relevant to an investigation. That does ber of protections in our legislation. mobile than ever but where we still not sound inappropriate, but as a legal The Justice Department began this need to do a good job of specifying who standard that means records could be process well over a year ago, taking the target is of that roving wiretap; de- subpoenaed that have no direct connec- the position that we should make all layed search warrants—again, some- tion to a particular suspect. the provisions of the PATRIOT Act times there is going to be a need for As a result, the records of many in- permanent and we should not make conducting a search warrant before no- nocent Americans, or the burden any changes, we did not need to make tifying a target so that the investiga- placed on businesses to continually any changes. This is legislation that tion is not jeopardized. But we should produce records under this provision is was passed just 6 weeks after Sep- have specific provisions written in the going to be far too onerous. tember 11. I would not say it was law for notifying that target after a There is also associated with this passed in haste, but it was passed dur- certain period of time. As it was writ- provision, this business records sub- ing a very difficult and emotional time ten, there was no period specified for poena power, a permanent automatic in our country’s history. We had sun- notification. gag order that prevents you from dis- sets on 16 provisions in the PATRIOT Of course, the idea of sunsets is im- cussing the fact that this order has Act for just that reason. We knew portant to civil liberties anytime one been issued to you as an individual or there was a lot of uncertainty as to is dealing with law enforcement legis- your business, and there is no judicial how this war on terrorism would lation, because a sunset calls on Con- review of that gag order. I think this is progress, what tools law enforcement gress to come back, look at how a law a fundamental flaw in this conference really did need to pursue legitimate was used, look at how it was imple- report, the idea that you have been terrorist suspects, what we needed to mented, how it affected civil liberties, served with a permanent gag order to do to get our hands around financial and make appropriate changes. restrict your free speech, to restrict records or other financial transactions I ask unanimous consent to speak for you from talking about that gag order, that might lead investigators to unan additional 10 minutes. and it is permanent and you have no cover terrorist cells in America or The PRESIDING OFFICER. The Sen- ability to appeal it in a court of law. around the world. ator from Vermont. I would argue that taking your case, Anyone who understands the legisla- Mr. LEAHY. Mr. President, I have no your appeal before a judge is funda- tive process knows that was not a per- objection. I add to that consent that I mental to our system of justice in the fect bill, no matter how hard people would then follow the distinguished United States of America. I would fur- worked on it. To suggest that when it Senator from New Hampshire on the ther argue that it in no way under- came time for reauthorization there same subject. mines law enforcement’s ability to would be no need for changes I believe Mr. SUNUNU. I so modify my re- conduct an investigation to give the suggests a lack of understanding of the quest. business or the individual the oppor- process of Congress, the legislative Mr. ALEXANDER. Reserving the tunity to appeal that gag order in a process, and how things get put to- right to object, I ask unanimous con- court of law. The argument that it gether on Capitol Hill, or lack of un- sent to follow the distinguished Sen- might cost a little bit extra is ridicu- derstanding about the substance in the ator from Vermont. lous in the face of the need to protect bill, not understanding all the provi- The PRESIDING OFFICER. Is there individual civil liberties. sions in the bill and how they did in objection? The system of judicial review for some cases unnecessarily infringe on Without objection, it is so ordered. these section 215 subpoenas simply is civil liberties, or perhaps an arrogance Mr. SUNUNU. We introduced the not acceptable. Similarly, the system that leadership, those who were respon- SAFE Act to deal with very specific of judicial review on national security sible for providing leadership within areas where we thought the PATRIOT letters fails to meet the important test the Justice Department, knew they Act needed to be improved to better of balancing individual civil liberties. were not abusing any of the provisions protect civil liberties. Some would There is a very low threshold for get- in the law so no changes needed to be argue that with the PATRIOT Act, as ting a national security letter. It is not made. I will speak to that argument it has been rewritten, the conference approved by a judge. The threshold is shortly, but I think it is very unfortu- agreement, that there were only a few merely a ‘‘showing of relevance,’’ once nate. areas now where there is a disagree- again not a direct connection to a sus- So when one has this kind of legisla- ment and so we ought to accept it as it pect, which is very problematic. More- tion, as sweeping in scope as this is, is. I make a broad argument, though, over, the threshold for overturning the and suggests when it comes time to that simply because we are conducting gag order—again a restriction on the deal with these sunset provisions that shortcuts on civil liberties in only a ability to even discuss the national se- no changes need to be made, I think few areas is simply not an effective ar- curity letter—is that you must show shows a lack of substantive reflection gument. I think where civil liberties bad faith on the part of the Federal on the balance between the police pow- are concerned, as I illustrated with the Government. That is virtually impos- ers of the State I spoke about and civil Framers’ concerns, we ought to do ev- sible. No individual, no business served liberties on the other hand. erything in our power to make sure with a national security letter will ef- Two years ago, I joined with a num- proper protection is provided. fectively be able to show bad faith on ber of my colleagues in introducing the A few key points about the weak- the part of the Federal Government, SAFE Act: Senators DURBIN, SALAZAR, nesses that remain in the PATRIOT and therefore they will never have a and FEINGOLD on the Democratic side, Act, and with these weaknesses I will national security letter or its accom- Senators CRAIG, MURKOWSKI, and my- not be able to support the final con- panying gag order overturned. self on the Republican side. We spoke ference report. I certainly will not sup- To have meaningful judicial review specifically to a few provisions in the port moving forward with the con- you have to have a meaningful stand- PATRIOT Act where we thought we ference report, in part because I think ard, a reasonable standard of showing could do a better job of protecting civil these are substantive problems but also in that court of law. I think it is fair to liberties. because they are problems that should say, if we look around the world at dif- The 215 section that allows the sub- be easily addressed in a reworked con- ferent governments’ attempts to evis- poena of business or library records, ference agreement. The first deals with cerate the power of due process, this is the national security letter provision— the business and libraries provision, one way to do it—to have judicial re- the national security letter is a sweep- section 215. In section 215 we have es- view, to ‘‘let people have their case in

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.008 S13DEPT1 S13464 CONGRESSIONAL RECORD — SENATE December 13, 2005 a court of law,’’ but set the standard of for overturning an NSL there is no sub- reads the history of the founding of evidence or the standard for over- stantive argument that I have heard this Nation and what the Founders turning an egregious decision so high for how these would undermine law en- went through, his quote stands out so that the government always wins. That forcement’s ability to pursue terror- much. Benjamin Franklin, like the is simply not acceptable where Amer- ists. These arguments simply do not other Founders, knew that had our new ican civil liberties are concerned. hold up. country not worked, had the Revolu- Finally, let me turn to a few of the Benjamin Franklin, 200 years ago, ob- tion not worked, most of them would arguments posed or made to individ- served that: have been hanged for trying to break uals, such as Senator LEAHY or Senator Those who would give up Essential Liberty away from our mother country. When FEINGOLD or me, who have brought for- to purchase a little Temporary Safety de- he spoke of a people who would give up ward these objections. One argument is serve neither Liberty nor Safety. their liberties for security deserving what I would describe as a very broad Those words are as true today as neither, he knew of what he spoke. And argument, that we need to extend the they were over 200 years ago. There is he set a key idea for the fledgling de- PATRIOT Act, we need to fight ter- no reason to compromise the right to mocracy of America, and it is one that rorism, we need to make sure we don’t due process, the right to a judicial re- I like to think through the generations undermine the ability of law enforce- view, to fair and reasonable standards we have strengthened. During my years ment in their work to deal with ter- of evidence, in the pursuit of our secu- in the Senate, I have done everything rorist threats. I agree. Senator rity and the pursuit of terrorists wher- possible to strengthen that balance to LEAHY—I will take the opportunity to ever they may be around the world. I maintain our liberties because if we do speak for my colleague from Vermont. think making these changes is reason- not maintain our liberties, at the best He agrees we need to do all of these able. They are fair. we have a false security. It is not a real things. But that is not a substantive I have joined with Senator LEAHY in security. argument for not making these introducing a 3-month extension of the One of the fruits of the bipartisan- changes he and I support. We are all for existing PATRIOT Act to ensure that ship of the PATRIOT Act, in trying to fighting terrorism. We are all for ex- we have plenty of time, in a reasonable work out this balance, was the sunset tending the PATRIOT Act. I do not op- and thoughtful way, to make very provisions. Those key provisions set an pose the idea of subpoenaing business modest changes that would go a long expiration date of December 31, 2005, on records or even library records or the way toward ensuring this is a better certain Government powers that had idea of a national security letter. What bill, that it is a bill that we can be great potential to affect the civil lib- I oppose is having such a powerful gov- proud of, and a bill that will protect erties of the American people. We are ernment force in place without coun- civil liberties. just weeks away from that date now. tervailing protections for civil lib- I yield the floor. Some may wonder how these sunset erties. The PRESIDING OFFICER. Under provisions worked their way into the A second argument is one I men- the previous order, the Senator from PATRIOT Act. They were put there by tioned earlier: for the Justice Depart- Vermont is recognized. the Republican leader of the House, ment to say we have not abused any Mr. LEAHY. Mr. President, first, if I Dick Armey of Texas, and myself. We provisions in the current PATRIOT Act might, I wish to compliment my col- have entirely different political phi- so just extend them all as written. It league and neighbor from across the losophies, but we agreed on one thing: doesn’t matter to me whether it is a Connecticut River, Senator SUNUNU of If you are giving great powers to our Democratic administration or Repub- New Hampshire. He has laid out very Government, you want to make sure lican administration, the argument clearly and eloquently the reasons we there are some strings attached. It that you have not abused a poorly writ- should not be rushed into a bad bill. It makes no difference whether it is a Re- ten law is no argument at all for ex- is not because any of us here have any publican administration or a Demo- tending and making permanent that love of terrorists. Of course none of us cratic administration, you want to poorly written law. If it does not pro- do; no Americans do. make sure there are strings attached. tect civil liberties, we should modify On a September morning 4 years ago, Leader Armey and I insisted on these it. We should make sure the protec- nearly 3,000 lives, American lives, were sunsets to ensure that Congress would tions are there so that no matter who lost—not in a foreign nation but on our revisit the PATRIOT Act within a few holds the reins of power, in the execu- own soil. Our lives as Americans years and consider refinements to pro- tive or the legislative or the judicial changed in an instant. There is not a tect the rights and liberties of all branches of Government, those free- person within this Chamber who does Americans more effectively, and we doms continue to be protected. not remember exactly where he or she prevailed on that point. A third argument is if we do not was when they heard the news of the Sadly, the administration and some move forward, if this bill fails to get a attacks of 9/11. In the aftermath of in the leadership in the House and Sen- cloture vote this week and it goes back those attacks, Congress moved swiftly ate have squandered key opportunities to conference, it will only get worse. to pass antiterterrorism legislation. to improve the PATRIOT Act. The Let me get this straight. If you vote We moved as a Congress, as a Senate, House-Senate conference report filed against a bill that doesn’t adequately as a House—not as Republicans or as last week by Republican lawmakers protect civil liberties, we are going to Democrats, but as Americans, united falls short of what the American people take it back to conference and com- in our efforts. The fires were still smol- expect and deserve from us. The bipar- promise civil liberties even further? I dering at Ground Zero in New York tisan Senate bill, which the Senate Ju- think that is an outrageous argument City when the USA PATRIOT Act be- diciary Committee and then the Senate to make. I think there are some people came law on October 30, 2001, just 6 adopted unanimously, struck a better who are making it, or who have made weeks after the attacks. balance. it, who do not intend it to be taken I know how hard we worked. I was If I might, I wish to compliment the that way. But I think it is only fair chairman of the Senate Judiciary Com- chairman of the Senate Judiciary Com- that it be taken that way. That is an mittee at the time. Many of us here in mittee, Senator ARLEN SPECTER, the inappropriate threat. If the attitude of the Senate today worked together in senior Senator from Pennsylvania, and the conferees is they will further re- that spirit of bipartisan unity. We re- those Republicans and Democrats in strict civil liberties if they do not get solved to craft a bill that would make this body who worked with him, as I this poorly written bill passed, then us safer as a nation. did, to put together a fair and balanced perhaps no law is better. Freedom and security are always in bill which was able to go through our I do not believe that. I think there tension in our society, especially so in committee, which is sometimes heavily ought to be a willingness to make im- those somber weeks after the attacks. divided on issues. Instead, it went provements. Again, there are no spe- We tried our best to strike the right through the Judiciary Committee cific reasons for how these changes balance between freedom and security. unanimously and passed the Senate that I have described—judicial review The Senator from New Hampshire unanimously. We worked together on of a 215 gag order, a better threshold quoted Benjamin Franklin. As one that because we understand that the

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.009 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13465 reauthorization of the PATRIOT Act bipartisan way to advance what is a The Patriot Act cannot be allowed to lapse has to have the confidence of the commonsense solution. at year’s end, and the current bill is much American people. I ask unanimous consent to have improved over earlier versions. But it could still be a lot better. Precisely because the Think for a moment. Governments printed in the RECORD some recent edi- administration cannot afford to let its pow- can limit the rights of the people in torials on this matter. ers expire, further improvement should still their countries really in only two There being no objection, the mate- be possible. ways: they can do it by force of arms, rial was ordered to be printed in the by oppression and repression, as we RECORD, as follows: [From the Fresno Bee, Dec. 12, 2005] have seen with totalitarian govern- [From the Washington Post, Dec. 12, 2005] TAKE THE TIME ments, or, if they have done it right, A BETTER PATRIOT ACT FRESNO, CA.—Barring an unlikely successful filibuster, the USA Patriot Act is likely they can do it with the consent of the The conference report on the USA Patriot to be renewed this week, mostly in the form governed. Act reauthorization bill contains one major it was given in 2001. That’s when Congress, in As we are limiting some of these improvement over the previous version and a the wake of the Sept. 11 terrorist attacks, rights, as we are giving greater powers few minor ones. The new bill contains strong rushed to give law enforcement broader pow- ‘‘sunset’’ provisions, under which the three to our Government, we want to do it in ers of investigation. That’s still justified up most controversial provisions would lapse a way where the American people—all to a point. Law enforcement and intelligence of the nearly 300 million people in this again after four years, not the seven of the agencies should not be hamstrung, for in- great country—would have confidence earlier draft. This is no small win for civil stance, by a now-lapsed ban on sharing infor- liberties. The sunset provisions in the origi- mation. in what we have done, because we do nal Patriot Act have given Congress leverage not enforce our laws in this country by But it’s risky to give blanket authority to over the past few years to extract informa- government agencies to bypass the courts, as force of arms, by dictatorship; we do it tion from an administration not known for this law partly does. It’s too tempting to with the consent of the governed. openness concerning its use of the powers look into every nook and cranny just to be I believe what we passed in the Sen- Congress gave it. Insisting that the adminis- sure there isn’t something amiss there. ate and in the Senate Judiciary Com- tration justify itself again relatively soon After lengthy debate behind closed doors, a mittee would have the confidence of ensures that Congress will be able to adjust House-Senate conference committee agreed the American people. But now we have and refine the law as need be. on compromise language that congressional Yet the conference report remains far from negotiators say will include more protection pushed forward and changed that to perfect. A bipartisan group of senators is flawed legislation which will not have for individuals. But if that’s true, why do six still objecting that it does too little to pro- senators—three Democrats and three Repub- that confidence and respect of the tect civil liberties, and they are threatening licans—still oppose the measure? (One of American people. The Congress should a filibuster, though it is not clear whether them—Democrat Russ Feingold of Wis- not rush ahead to enact flawed legisla- they have the votes to sustain one. Some of consin, the only senator to vote against the tion to meet a deadline that is within the changes they are seeking are reasonable original law—is threatening to filibuster the our power to extend. We owe it to the and constructive. While the bill does not revised version on the Senate floor.) American people to get this right. contain the worst excesses of the House The principal objection of these law- version, which was larded with irrelevant makers, and those of us who cherish indi- America can do better than this flawed and often terrible policy changes, it still has vidual liberty, is that the law sets too low a legislation. a fair number of extraneous sections. Some threshold for justifying the need to examine The way forward to a sensible, work- are silly, some ugly. private records, including medical, financial able, bipartisan bill is clear. It is very What makes all this so frustrating is that and employment. And they are not per- clear, as Senator SUNUNU said on the a consensus bill was surely possible. Indeed, suaded—nor are we—that requiring authori- floor earlier this morning and as I have it happened. The Senate version of the bill ties to show that their investigation has suggested. Yesterday, Senator SUNUNU passed on a unanimous vote, representing some relevance to an anti-terror investiga- and I introduced a bill to extend the broad agreement to grant government au- tion is enough. thorities the powers they legitimately need These secret searches should be limited to sunset for the expiring PATRIOT Act while ensuring accountability in their use— specific individuals and not be so broad as to powers until March 31, 2006. Give us and it didn’t contain a raft of irrelevant laws allow ‘‘fishing expeditions.’’ until March 31 to get this right, give us unrelated to intelligence. The members balk- Supporters of the revised law say action is until March 31 to have a bill that ing at the current bill would do a service if necessary now because 16 provisions of the would have not only the respect of the they forced a cleaner, more accountable Pa- original act are set to expire Dec. 31. That’s American people but especially the triot Act reauthorization. true. But there’s a way to avoid undue haste confidence of the American people. Our Debate over the conference report has fo- without tying the hands of law enforcement: cused on a narrow array of civil liberties laws work if we have confidence in Adopt a proposal by Sen. Patrick Leahy, issues, all quite technical. The rhetoric from ranking Democrat on the Judiciary Com- them, and they fail if we do not have civil libertarians makes the stakes here mittee, to extend the law for three months, confidence in them. seem greater than they really are. The dif- allowing time for public debate on a law that In offering this bill, Senator SUNUNU ferences between the various proposals are could be used as much to harm individuals as and I have been joined by Senators not huge in practical terms. They are, how- to catch terrorists. CRAIG, ROCKEFELLER, MURKOWSKI, KEN- ever, significant. The conference report con- The compromise bill would make all but NEDY, HAGEL, LEVIN, DURBIN, tains weaker controls on secret warrants for two of the 16 expiring provisions permanent. business records in national security cases The other two are to be extended for only STABENOW, SALAZAR, and others. It is a than the Senate bill did. It also does too lit- four years, rather than the 10 years sought bipartisan effort to extend this dead- tle to get a handle on the use of national se- by House Republicans. That’s small comfort line. A deadline which Congress im- curity letters—a form of administrative sub- to those whose privacy will be at risk in the posed to ensure oversight and account- poena that the FBI uses in national security meantime. ability should not now become a bar- cases to obtain records of certain business House Judiciary Chairman James Sensen- rier to achieving bipartisan com- transactions. These problems are not brenner, a proponent of quick action, claims promise and the best bill we can forge unsolvable, and it’s hard to believe the gov- it’s needed to aid law enforcement in detect- together. ernment is today getting much data through ing terrorists before they strike. But that This is a vital debate. It should be. uses of these powers that would be forbidden sense of urgency extends only so far. Former were they written more accountably. members of the 9/11 Commission have just These are vital issues to all Americans. What’s more, sift through the bill and scorched Congress and the White House for If a brief extension is needed to you’ll find provisions dealing with tobacco failing to protect the country in many ways, produce a better bill that would better smuggling, establishing civil immunity for including the misallocation of resources to serve all of our citizen then by all folks who donate firefighting equipment to states or localities based on political clout means, let us give ourselves that time. fire departments, establishing new crimes— instead of risk. We want to give tools to prosecutors. I some punishable by death—related to marine Americans would be no less safe if Con- spent 8 years of my life as a prosecutor. navigation, creating a new national security gress were to postpone a final vote and allow Some of the finest people on my staff division in the Justice Department, letting time for an open and honest debate. are former prosecutors. We know the Secret Service forensics experts help out in finding missing kids, combating meth- [From the Kansas City Star, Dec. 12, 2005] needs, especially in the electronic age. amphetamine abuse and making life more MORE TIME NEEDED TO FORGE BETTER BILL But we can do better, and America can miserable for people challenging state con- KANSAS CITY, MO.—A shaken Congress do better if given the time. victions in federal court. None of this, need- passed the Patriot Act with almost no de- I thank Senator SUNUNU and all of less to say, has much to do with protecting bate in the wake of the 2001 terrorist at- our cosponsors in coming together in a America from al Qaeda. tacks.

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.010 S13DEPT1 S13466 CONGRESSIONAL RECORD — SENATE December 13, 2005 Since then politicians across the spectrum since its passage in the wake of 9/11 to pre- track down suspected terrorists. But the have joined librarians, city councils and vent government officials from going on so- broad surveillance powers granted under the other groups in raising alarms about the called ‘‘fishing expeditions.’’ The Wash- Patriot Act open the way for possible abuses, law’s intrusions on the privacy of American ington Post reported in October that the FBI such as collecting information on law-abid- citizens. used provisions of the act regarding records- ing Americans without notifying them or al- With the act set to expire Dec. 31, law- gathering to annually issue more than 30,000 lowing them the opportunity to challenge makers are scrambling to reach a com- specialized subpoenas, or national security the searches. promise that would allow most of the provi- letters, seeking information from businesses. Sen. Patrick Leahy, D-Vt., who refused to sions to be renewed permanently. Time is The letters don’t require the government sign the compromise, suggests a reasonable short, but it’s essential for Congress to give to demonstrate a link between the informa- solution: Rather than rush the vote, extend Americans a better balance between national tion being sought and a suspected terrorist. the current act for three months and use the security and civil liberty. They only attest that the records sought are extra time to forge a better bill. ‘‘We owe it The House and Senate this week will con- relevant to a terror investigation. This pro- to the American people to get this right,’’ sider a compromise agreement reached by vision of the Patriot Act must be tightened Sen. Leahy says. It’s a debt that should not negotiators. The package makes a good-faith before the anticipated House and Senate be taken lightly. attempt to address some of the problems. votes this week. But it continues to give law enforcement Or, if such an agreement cannot be [From the Sacramento Bee, Dec. 11, 2005] reached, both chambers should take the ad- agencies too much leeway to search people’s PATRIOT ACT RENEWAL: TAKE TIME TO DO IT vice of Sen. Patrick J. Leahy of Vermont. homes and examine their records without RIGHT first obtaining permission from judges. The ranking Democrat on the Judiciary SACRAMENTO, CA.—Barring an unlikely Provisions in the proposed law instruct Committee, who didn’t agree to the com- successful filibuster, the USA Patriot Act is judges to presume federal agents’ requests promise, has proposed a three-month exten- likely to be renewed this week, mostly in the for records are valid, unless the targeted peo- sion of the Patriot Act, past its year-end ex- form it was given in 2001. That’s when Con- ple can prove the government acted in bad piration date. gress, in the wake of the 9/11 terrorist at- faith. That places citizens at a serious dis- Sen. Feingold, the only senator to vote tacks, rushed to give law enforcement broad- advantage. Judicial oversight doesn’t mean against the original legislation in 2001, has er powers of investigation. That’s still justi- much if the judges merely serve as rubber threatened to filibuster the bill extending fied up to a point. Law enforcement and in- stamps for law enforcement agents. Patriot Act provisions because it lacks suffi- telligence agencies should not be hamstrung, The compromise also does little to curb cient safeguards to protect constitutional for instance, by a now-lapsed ban on sharing the burgeoning use of ‘‘national security let- freedoms. Sixty votes would be required to information. ters,’’ which the FBI uses to make sweeping block a vote on final Senate passage. But it’s always risky to give blanket au- requests for records from libraries, telephone A three-month extension is preferable, thority to government agencies to bypass companies and Internet providers. however, to a bitter partisan battle on the the courts, as this law partly does. It’s too Former Attorney General John Ashcroft Senate floor. tempting to look into every nook and cranny used to sneer and scoff at librarians who [From the Times Union, Dec. 12, 2005] just to be sure there isn’t something amiss raised concerns about these requests, imply- there. ing they were rare. But The Washington Post TRUE PATRIOTS After lengthy debate behind closed doors, a has reported that the FBI issues 30,000 such ALBANY, NY.—There’s scant comfort in the House-Senate conference committee agreed letters a year. compromise reached by House-Senate con- on compromise language that congressional Senators from both political parties are ferees late last week on renewing the USA negotiators say will include more protection raising valid concerns about the proposed Patriot Act. While it is welcome news that for individuals. But if that’s true, why do six new law. Democratic Sen. Patrick Leahy House negotiators failed in their attempt to senators—three Democrats and three Repub- proposed renewing the existing act for 90 have the most controversial provisions of licans—still oppose the measure? (One of days to give lawmakers more time to write a this law extended for seven years, rather them—Democrat Russ Feingold of Wis- better bill. than four, as the Senate insisted upon, and consin, the only senator to vote against the Leahy’s idea has merit. National security which is now part of the compromise, there original law—is threatening to filibuster the and individual freedoms are too important to is no justification to put basic civil liberties revised version on the Senate floor.) be compromised in haste. at risk for even four minutes, let alone four years. The principal objection of these lawmakers, and of civil libertarians, is that the [From the Morning Call, Dec. 12, 2005] Fortunately, a bipartisan group of six senators is vowing to filibuster the accord, law sets too low a threshold for justifying THE WAR ON TERRORISM which is scheduled to be voted upon this the need to examine private records, includ- ALLENTOWN, PA.—An unusual coalition of week. They are the true patriots. Their de- ing medical, financial and employment. And conservatives and liberals, along with the mands are hardly burdensome. To the con- they are not persuaded—nor are we—that re- U.S. Chamber of Commerce and the Amer- trary, they want any final legislation to in- quiring authorities to show that their inves- ican Civil Liberties Union, merits attention. clude checks and balances against possible tigation has some relevance to an anti-terror It’s rare for groups so far apart along the abuse of power by government agencies act- investigation is enough. Instead, these secret usual political spectrum to agree on some- ing under the surveillance powers of the Pa- searches should be limited to specific indi- thing. But they are united in their concern triot Act. That means some monitoring of, viduals and not be so broad as to allow ‘‘fish- that a compromise reached by Senate and say, FBI demands for reading, financial and ing expeditions.’’ That has happened before House negotiators Thursday won’t suffi- other personal information on American and almost surely will again. ciently protect Americans’ civil liberties. citizens. Former Rep. Bob Barr of Georgia, Supporters of the revised law, mainly They have reason for concern. who now heads a group called Patriots to Re- House Republicans and the White House, say Sen. Arlen Specter, the Republican chair- store Checks and Balances, sums up the issue action is necessary now because 16 provisions man of the Senate Judiciary Committee, this way: of the original act are set to expire Dec. 31. said the compromise legislation is ‘‘not a ‘‘Lawmakers could have easily fixed these That’s true. But there’s a simple way to perfect bill, but a good bill.’’ House and Sen- controversial record search provisions by avoid undue haste without tying the hands of ate negotiators came up with a plan to per- simply adopting the Senate-passed amend- law enforcement: Adopt a proposal by Sen. manently extend 14 of 16 provisions set to ex- ment to Section 215, requiring the govern- Patrick Leahy, ranking Democrat on the Ju- pire at the end of the year. Of particular ment to show a connection between records diciary Committee, to extend the law for note: When a law enforcement agent seeks sought and a suspected foreign terrorist, and three months, allowing time for public de- access to records, by order of a secret court by applying a similar requirement to the bate on a law that could be used as much to established under the Foreign Intelligence NSL (National Security Letters) powers. The harm individuals as to catch terrorists. Surveillance Act, the agent must provide a decision of some lawmakers to rush this The compromise bill would make all but ‘‘statement of fact’’ proving it is relevant to flawed Patriot Act legislation to a vote may two of the 16 expiring provisions permanent. an anti-terrorism investigation. allow them to leave a little earlier for the The other two are to be extended for only But the coalition’s concerns about fishing holidays this year, but it will also leave the four years, rather than the 10 years sought expeditions got a boost last week when a bi- civil liberties of their constituents in jeop- by House Republicans. That’s small comfort partisan group of six senators issued a state- ardy for years to come.’’ to those whose privacy will be at risk in the ment critical of the compromise: Republican Supporters of the compromise argue that meantime. Sens. Larry E. Craig of Idaho, John E. it does offer safeguards against government House Judiciary Committee Chairman Sununu of New Hampshire and Lisa Mur- abuses by requiring some judicial overview. James Sensenbrenner, a proponent of quick kowski of Alaska, and Democratic Senators But a close reading of these oversight reaction, claims that’s needed to aid law en- Russell D. Feingold of Wisconsin, Richard J. quirements shows that investigators would forcement agencies ‘‘in the detection, disrup- Durbin of Illinois and Ken Salazar of Colo- have no trouble meeting the loose standards tion and dismantling of terrorist cells before rado. for initiating searches. they strike.’’ Yet such a sense of urgency The primary concern is that restrictions in No one, least of all Mr. Barr, is suggesting seems to extend only so far on Capitol Hill. the Patriot Act haven’t gone far enough that the government shouldn’t be able to Former members of the 9/11 Commission

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.005 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13467 have just scorched both Congress and the why the current debate in Congress over ex- citizenship last August, Prime Minister White House for failing to protect the coun- tending the provisions of the Patriot Act is Tony Blair said: try in a variety of ways, including the important. misallocation of resources to states or local- To keep the Patriot Act as it is means People who want to be British citizens ities based less on risk than on political more secrecy, more disinformation and more should share our values and our way of life. clout. repression. It is quite frankly, un-American. These new rules were spurred by the Americans would be no less safe if Con- It is behavior straight out of a totalitarian terrorist attack in London last July in gress were to postpone a final vote and allow state; tactics not worthy of the world’s which four young men, three of whom time for an open and honest debate. greatest democracy. were British-born children of Pakistani The average American thinks he or she is immigrants and the fourth who was a [From the Brattleboro Reformer, Dec. 10, safe. But history has shown us that when a 2005] regime has absolute power, it’s only a mat- Jamaican immigrant, bombed the Lon- don subway system. In addition to tak- REPEALING PATRIOTISM ter of time before anyone and everyone is subject to official intimidation and attack. ing new security precautions, the Brit- BRATTLEBORO, VT.—At some future date, when sanity perhaps returns to our nation, Security and ‘‘fighting terrorism’’ are not ish Government recognized the need to historians will look back at the Patriot Act suitable pretexts for destroying more than ensure that immigrants to their coun- and put it in the same category as other as- two centuries of American jurisprudence. try, and especially those who become saults on our civil liberties, such as John The rule of law as enshrined in the Constitu- citizens, integrate into British society Adams’ Alien and Sedition Act, Abraham tion is supposed to still mean something in and demonstrate loyalty to their newly Lincoln’s suspension of habeas corpus during America. It’s time to demand that Congress and the adopted homeland. the Civil War or Franklin Roosevelt’s intern- France is similarly facing a period of ment of Japanese-Americans during World Bush administration respect our civil lib- War II. erties. There shouldn’t be a discussion to self-examination on integrating immi- On Oct. 26, 2001, President Bush signed the modify or extend the Patriot Act. grants and the children of immigrants Uniting and Strengthening America by Pro- Instead, Congress should be working to re- following the 2-week violent civil un- viding Appropriate Tools Required to Inter- peal it. rest that spread across many of cept and Obstruct Terrorism (USA PA- Mr. LEAHY. Mr. President, I thank France’s poor suburbs last month. That TRIOT) Act. The House of Representatives the distinguished Senator from Ten- violence resulted in 126 policemen passed this grab bag of police-state tactics nessee for his willingness to allow me being injured, 9,000 cars burned, and by a 357–66 vote with almost no debate. to go forward at this time. I know he $250 million in damages, according to Wisconsin Democrat Russ Feingold was the has been sitting here patiently. I thank only senator to vote no. At the time, Fein- the French Government. gold called the Patriot Act a ‘‘truly breath- him, and I yield the remainder of time. Like their British neighbors across taking expansion of police power.’’ The PRESIDING OFFICER. Under the English Channel, the French are A fearful Congress was stampeded into ap- the previous order, the Senator from trying to figure out how to integrate proving, almost sight unseen, one of the Tennessee is recognized for 10 minutes. this dissatisfied population—the chil- broadest assaults on civil liberties in our na- Mr. ALEXANDER. Thank you, Mr. dren of Muslim immigrants—into tion’s history. Despite assorted court chal- President. French society. According to the lenges, the expansion of police power continues—an expansion which has done little f French Ambassador: [T]hese teenagers feel alienated and dis- to capture the masterminds of the Sept. 11 IMMIGRATION attacks or to prevent future attacks. But criminated against both socially and eco- this expansion has done much to undermine Mr. ALEXANDER. Mr. President, the nomically. They don’t want to assert their our hard-won Constitutional rights. majority leader has said that after the differences. They want to be considered 100- What has happened to our legal rights first of the year we would turn our at- percent French. since then? Here’s a refresher: tention to immigration, and well we We should learn a lesson from our You’ve lost your freedom of association. friends across the ocean. As we in the The federal government can now monitor the should. Some estimates show that 10 to doings of religious and political organiza- 20 million people living in the United Senate begin to debate our immigra- tions, even if there’s no reason to suspect States may be here illegally. Whatever tion policy next month in the Senate, that illegal activity is going on. one may think about immigration, one we would be wise to consider their You’ve lost your freedom from unreason- has to start with the idea that our Na- quandary. Too often discussions on im- able searches. The federal government may tion is based on a few principles, and migration reform begin and end with search and seize your papers and effects one of the most important of those securing our borders. Securing our bor- without probable cause and without a court principles is the rule of law. This is a ders is step No. 1, but there are two ad- warrant. It can also question librarians and ditional, essential steps to any com- booksellers about your reading habits, and problem we need to address and the threaten them with jail if they reveal to American people have a right to de- prehensive solution to our immigration anyone that you’re being investigated. mand we address. The buck stops here. problems. You’ve lost your right to a speedy and pub- This is not something Governors can Step No. 2, once we have secured our lic trial. The federal government can now deal with or school districts can deal borders, is to create a lawful status for jail you indefinitely without you being with. It stops here. those whom we welcome to work here charged with a crime and can do so without Not long ago in Nashville I gave a and those we welcome to study here. holding a trial and without allowing you to speech in which I attempted to say I We should remember who we are. This confront your accusers. This is what you can expect if you are deemed to be a ‘‘terrorist’’ believe there are three parts to a com- is a nation of immigrants. President or are deemed to be ‘‘assisting a terrorist prehensive solution to immigration, Franklin D. Roosevelt began one of his group.’’ The definition of ‘‘terrorist’’ and the kind of comprehensive solution addresses, ‘‘My fellow immigrants.’’ ‘‘terrorist group’’ is purely up to the govern- President Bush has talked about. Part Once we secure the borders, once we ment, of course. No. 1 is border security. I had no more deal with the rule of law problem, we You’ve lost your right to legal representa- said the words ‘‘border security’’ than need then to remember step No. 2, tion. Conversations between attorneys and the whole room rose and began to ap- which is that we have millions of peo- clients can now be monitored in federal pris- plaud; they were not interested in the ple whom we welcome to work here in ons. That is, if you’re fortunate enough to have an attorney. The federal government rest of the story. I would like to say a all aspects of our society. They need a now has the right to deny you legal represen- word today about the rest of the story, legal status that respects our rule of tation too. what our immigration debate needs to law. We welcome the 572,000 foreign In short, the federal government can arrest include in addition to border security. students who come here to study. We virtually anyone it deems to be a danger to Let me turn to a lesson we are learn- hope many of them stay here. They are national security, even without a formal ing from across the ocean, from Great helping to create a higher standard of criminal charge, and jail them indefinitely. Britain and France. Last month, the living for us. If they go home they be- It can deny you a lawyer or even a trial, pub- British Government instituted a citi- come ambassadors for American val- lic or secret. And all of this can happen without your family or friends and relatives ever zenship test that immigrants to Brit- ues. Recently, Dr. Steven Chu, an knowing what happened. ain must pass before becoming British American who was the cowinner of the This is what the so-called war on terrorism citizens. When he announced a number 1997 Nobel prize in physics, pointed out has done to our Constitutional rights. This is of related measures regarding British to me that 60 percent of Americans

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.008 S13DEPT1 S13468 CONGRESSIONAL RECORD — SENATE December 13, 2005 who have won the Nobel Prize in phys- tory and civics, and authorize the cre- world’s best, attracting more than 500,000 of ics are immigrants or the children of ation of a foundation to assist in those the brightest foreign students. No country immigrants. efforts; codify the oath of allegiance has national research laboratories to match That is a second point—a lawful sta- that George Washington gave to his of- ours. Americans have won the most Nobel Prizes in science, and have registered the tus for workers, and a lawful status for ficers and took himself, and which is most patents. We have invented the internet, students and researchers, whom we substantially administered to every the automobile and the computer chip, tele- want to come here. We want them here new citizen today; direct the Depart- vision and electricity. From such advances because their being here helps raise our ment of Homeland Security to carry have come a steady flow of the world’s best standard of living. out a strategy to highlight the moving paying jobs. The third part that is essential to ceremonies in which immigrants be- As one scientist has said, we don’t have comprehensive immigration reform is come American citizens; and establish science and technology because we’re rich. an examination of how we help new im- We’re rich because we have science and tech- an award to recognize the contribu- nology. migrants to this country become tions of new citizens to our great Na- Yet I am worried that America may be los- American. tion. ing its brainpower advantage. Most Ameri- In short, we need to have a discussion Real immigration reform must en- cans who travel to China, India, Finland, about fulfilling the promise to the na- compass all three important steps: Singapore and Ireland come home saying, tional motto that is right above the First, securing our borders. Second, a ‘‘Watch out.’’ head of the Presiding Officer: E legal status for guest workers and The Augustine panel found I am right to be pluribus unum; from many, one. How worried: guest students. Third, I hope I have re- Last year, China trained 500,000 engineers, do we do that? We do that by remind- minded us of the importance today of India 200,000, while the U.S. trained 70,000. ing ourselves that while we have all of remembering that motto we see when For the cost of one chemist or engineer in this magnificent diversity in this coun- we are here in the Senate chamber that the U.S., a company can hire five chemists in try, that is not our greatest accom- indispensable to immigration reform is China or 11 engineers in India. plishment. Our greater accomplish- helping prospective citizens become China is spending billions to recruit the ment is that we have turned that mag- best Chinese scientists from American uni- American. versities to return home to build up Chinese nificent diversity into one nation; that f universities. while we are proud of where we came They also found signs that we are not from, we are prouder of where we are. HIGHER EDUCATION keeping up: We are united by principles, not race. Mr. ALEXANDER. Mr. President, I U.S. 12th graders performed below the international average of 21 leading countries We are united by a common language, ask unanimous consent to have printed English, and by our history of con- on tests of general knowledge in math. in the RECORD a statement I made to In 2003, only three American companies stantly struggling to reach high ideals the Secretary of Education’s Commis- ranked among the top 10 recipients of new which our Founders set for us as a na- sion on the Future of Higher Education U.S. patents. tion. on December 9, 2005, in Nashville. Of 120 new chemical plants being built We welcome new immigrants to join There being no objection, the mate- around the word with price tags of $1 billion in that struggle toward becoming rial was ordered to be printed in the or more, one is in the U.S. and 50 are in Americans. We have an advantage, China. RECORD, as follows: therefore, over our European friends. Among the Augustine Report’s twenty rec- A NATIONAL DIALOGUE: THE SECRETARY OF We have been doing this through our ommendations were: EDUCATION’S COMMISSION ON THE FUTURE OF Recruit 10,000 new science and math teach- whole history. We are unique in our HIGHER EDUCATION ers with four year scholarships and train world in our attitude toward wel- Thank you for the time you are giving to 250,000 current teachers in summer insti- coming others. We are different be- this Commission’s work, and thank you for tutes. cause under our Constitution, becom- inviting me to testify. Triple the number of students who take ing an American can have nothing to I’ve seen higher education from many Advanced Placement math and science sides, so I’m sometimes asked, ‘‘What’s hard- exams. do with ancestry. America is an idea, Increase federal funding for basic research er: being governor of a state, a member of a not a race. in the physical sciences by 10 percent a year president’s cabinet, or president of a univer- One can see that in the various natu- for seven years. sity?’’ ralization ceremonies which occur in Provide 30,000 scholarships and graduate My answer is: ‘‘Obviously, you’ve never courthouses all around this country, as fellowships for scientists. been president of a university, or you Give foreign students who earn a PhD in new citizens raise their hands and take wouldn’t ask such a question.’’ an oath that George Washington first science, engineering and computing a ‘‘green I have six suggestions for recommenda- card’’ so they can live and work here. administered to his officers at Valley tions you might make. Give American companies a bigger re- Forge when he declared that he had no First, I hope you will urge the Administra- search and development tax credit so they allegiance or obedience to King George tion that appointed you to make the Na- will keep their good jobs here instead of III, and he renounced, refused, and ab- tional Academies’ ‘‘Augustine Report’’ a moving them offshore. jured any allegiance or obedience to focus of the President’s State of the Union Some may wince at the $10 billion a year him, and swore he would support, address in January and of his remaining price tag. I believe that the cost is low. three years in office. maintain, and defend the United America’s brainpower advantage has not This 20-point, $10 billion a year report is come on the cheap. This year, one-third of States. That is what George Wash- the National Academies’ answer to the fol- state and local budgets go to fund education. ington and his officers said. That is the lowing question that Senator Pete Domenici, Over fifty percent of American students have standard for every American citizen Senator Jeff Bingaman and I posed to them a federal grant or loan to help pay for col- who comes to this country. in May: ‘‘What are the ten top actions, in lege. The Federal government spends nearly Once we secure our borders, once we priority order, that federal policy makers $30 billion per year this year on research at establish a lawful status for workers could take to enhance the science and tech- universities, and another $34 billion to fund and for students we welcome here, then nology enterprise so the United States can 36 national research laboratories. successfully compete, prosper and be secure we should set about helping prospec- Just this year, Congress has authorized $75 in the global community of the 21st cen- billion to fight the war in Iraq, $71 billion for tive citizens become American. tury?’’ The report was written by a distin- hurricane recovery, $13 billion in increased Senator CORNYN and I have intro- guished panel of business, government, and Medicaid spending and $352 billion to finance duced a bill that we hope will be in- university leaders headed by Norm Augus- the national debt. If we fail to invest the cluded as part of comprehensive immi- tine, former CEO of Lockheed Martin. funds necessary to keep our brainpower ad- gration reform legislation. Our bill, the As 2005 ends, we Americans—who con- vantage, we’ll not have an economy capable Strengthening American Citizenship stitute just five percent of the world’s popu- of producing enough money to pay the bills Act, would do the following: provide lation—will once again produce nearly thirty for war, Social Security, hurricanes, Med- $500 grants for English courses; allow percent of the world’s wealth. icaid, and debt. Most of this good fortune comes from the Aside from the war on terror, there is no prospective citizens who become fluent American advantage in brainpower: an edu- greater challenge than maintaining our in English to apply for citizenship 1 cated workforce, and our science and tech- brainpower advantage so we can keep our year early; provides for grants to orga- nology. More Americans go to college than good paying jobs. That is the surest way to nizations for courses in American his- in any country. Our universities are the keep America on top.

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.012 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13469 Second, I suggest that you recommend teaching well (which not one state was doing cation and ensure a campus environment that Presidents of the United States appoint at the time), they said it couldn’t be done. that honors true diversity of opinion. a lead advisor to coordinate all of the federal So we invented our own system for thou- Mr. ALEXANDER. Mr. President, government responsibilities for higher edu- sands of teachers, with virtually no help Secretary Spellings has appointed this cation. from the very people who are in business to My greatest regret as U.S. Education Sec- figure out such things. And still today, de- commission to look at the future of retary was that I did not volunteer to be spite the good work of Governor Hunt and higher education. Other than the war that lead person. Secretary Spellings, with others, the lack of differential pay is the against terror, keeping our brain power the appointment of this commission, has as- major obstacle to quality teaching. advantage so we can create new jobs sumed at least some of that responsibility. Finally, I hope you will put a spotlight on here in the United States and keep our But the authority of the Secretary of Edu- the greatest threat to broader public support jobs from going to China, India, Fin- cation over higher education is somewhat and funding for higher education: the grow- land, and Ireland, is the biggest chal- ing political one-sidedness which has in- like the authority of the U.S. Senate Major- lenge we face as a nation. ity leader or a university president: overesti- fected most campuses, and an absence of true mated. Almost every agency of the federal diversity of opinion. I made a statement before the Com- government has something to do with higher To describe this phenomenon, allow me to mission on the Future of Higher Edu- education, tens of billions of taxpayer dol- borrow some words from the past which may cation that it adopt the recommenda- lars are invested every year and someone sound familiar to your chairman, Charles tions of the National Academies’ ‘‘Au- should be looking at all of this in a coordi- Miller, who was once Chairman of the Board gustine Report’’ and urge the President nated way. of regents of the University of Texas: ‘‘sys- to make it a focus of his State of the Third, I urge you to join me on the band- tematic, persistent and continuous attempts Union Address. The report recommends wagon for deregulation of higher education. by a politically dominant group to impose The greatest threat to the quality of its social and educational views on the uni- 20 steps to keep that brain power ad- American higher education is not under- versity.’’ This was what the American Asso- vantage, and was written by a distin- funding, it is overregulation. The key to the ciation of University Professors (AAUP) guished panel of business, government, quality of our higher education system is called it in its censure of Texas Governor and university leaders headed by Norm that it is not a system. It is a marketplace Pappy O’Daniel’s Board of Regents when the Augustine, former CEO of Lockheed of 6,000 autonomous institutions. Yet, thanks Board fired University of Texas President Martin. largely to the last two rounds of the federal Homer Rainey in the 1940’s. This is reported I also urged the commission to make Higher Education Act, each one of our 6,000 in Willie Morris’ book, North Toward Home. certain that we deregulate higher edu- higher education institutions that accepts Then the AAUP was talking about one-sided- students with federal grants and loans must ness imposed by the right, instead of by the cation; to make certain that the Presi- wade through over 7,000 regulations and no- left—but political one-sidedness is political dent appoints an adviser to coordinate tices. The President of Stanford has said one-sidedness, no matter from what direc- all of the Federal Government’s re- that seven cents of every tuition dollar is tion it comes. sponsibilities for higher education; to spent on compliance with governmental reg- There is more to this charge of one-sided- urge Congress to overhaul Medicaid so ulations. ness than the academic community would States may properly fund higher edu- Fourth, I urge the Congress to overhaul like to admit. How many conservative speak- cation; to put a spotlight on the great- the Medicaid program and free states from ers are invited to deliver commencement ad- outdated federal court consent decrees so dresses? How many colleges require courses est disappointment in higher education that states may properly fund colleges and in U.S. history? How many even teach West- today, our colleges of education; and, universities. ern Civilization? How many bright, young finally, to put a spotlight on the great- You have two charts before you that tell faculty members are encouraged to earn dis- est threat to broader public support for the story. Nationally, during the five year sertations in the failures of bilingual edu- funding of higher education, the grow- period from 2000 to 2004, state spending for cation, or on the virtues of vouchers or char- ing political one-sidedness which has Medicaid was up 36 percent, while state ter schools? infected most campuses in an absence spending for higher education was up only 6.8 I am not surprised that most faculties ex- of true diversity of opinion. percent. As one result, tuition was up 38 per- press liberal views, vote Democratic and that cent. most faculty members resist authority. That I salute Secretary Spellings and her The story in Tennessee was worse. Med- is the nature of most university commu- distinguished commission. I look for- icaid spending was up 71 percent, while high- nities. But I am disappointed when true di- ward to their recommendations. There er education was up only 10.5 percent, and versity of thought is discouraged in the could not be a more important subject tuition was up 43 percent. name of a preferred brand of diversity. This to our country’s future for them to By the way, during this same four year pe- one-sidedness is not good for students. It is consider than how do we take this re- riod, federal spending for higher education not good for the pursuit of truth. And it un- markable system of higher education was up 71 percent. dermines broad public support for higher that we built in this country—the best When I left the governor’s office in 1987, education. The solution to this political ri- Tennessee was spending 51 cents of each gidity lies not in Washington, D.C., but in in the world—and strengthen it so it state tax dollar on education and 16 cents on the hands of trustees, deans and faculty can play a pivotal role in helping health care, mainly Medicaid. Today it is 40 members themselves. Americans keep good-paying jobs in cents on education and 26 cents on health Last year Senator Kay Bailey Hutchison of the United States. care, mainly Medicaid. Texas invited former Brazilian President Thank you, Mr. President. To give governors and legislatures the Fernando Henrique Cardoso to join a small The PRESIDING OFFICER. The Sen- proper authority to allocate resources, Con- group of U.S. Senators in the Majority Lead- ator from Delaware. gress should give states more authority over er’s office for a discussion. Dr. Cardoso was Medicaid standards and more ability to ter- completing a residency at the Library of f minate outdated federal court consent de- Congress. TANF PROGRAM crees that remove decision-making author- ‘‘What memory of the United States will ity from elected officials. you take back to your country?’’ Senator Mr. CARPER. Mr. President, I rise Fifth, I hope you will put a spotlight on Hutchison asked Dr. Cardoso. today to urge our colleagues in the the greatest disappointment in higher edu- ‘‘The American university,’’ he replied im- Senate to instruct the conferees to the cation today: Colleges of Education. mediately. ‘‘The uniqueness, strength and budget reconciliation bill to reject the ‘‘At a time when America’s schools face a autonomy of the American university. There House provisions dealing with the Tem- critical demand for effective principals and is nothing like it in the world.’’ superintendents, the majority of programs I salute Secretary Spellings and this Com- porary Assistance for Needy Families, that prepare school leaders range in quality mission for undertaking to preserve and im- TANF, Program. from inadequate to poor.’’ Those are not my prove higher education, America’s secret Like several of our colleagues, I have words, but those of a new report by Arthur weapon for its future success. In coming to a long history of working to improve Levine, the President of Teachers College, your conclusions, I hope that you will urge our Nation’s welfare policies to, first of Columbia University. Or ask Richard Light, the President to adopt the Augustine Report all, make them more effective for the Harvard professor, who is working with and to designate a lead advisor for higher States, but also more effective for fam- university presidents trying to find and in- education, that you will jump on the band- ilies. spire a new generation of leaders for our col- wagon to deregulate higher education and When I was privileged to serve as leges of education. Sometimes colleges of preserve its autonomy, that you will urge education are even roadblocks to the very re- Congress to overhaul Medicaid and federal Governor of the State of Delaware, I forms they ought to be championing. In 1983, court consent decrees so states can properly also served, at the same time, as co- when I asked colleges of education to help fund higher education, and that you will chairman of the National Governors me find a fair way to pay teachers more for urge trustees to revamp Colleges of Edu- Association’s Welfare Reform Task

VerDate Aug 31 2005 00:06 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.010 S13DEPT1 S13470 CONGRESSIONAL RECORD — SENATE December 13, 2005 Force, along with then-Governor John that should consume at most a few bling of the required hours for single Engler, and played a lead role in help- days. I pledge today to work closely parents with young children. ing to craft welfare reform legislation with my colleagues on our side and the I have been supportive of increased for Delaware and for our Nation. Republican side of the aisle to ensure work requirements in the past, but the As Senator, I have pushed, for the that the bill does not get bogged down House bill increases work hours while past 3 years, for welfare reauthoriza- in the Senate and that we move it failing to provide adequate funding for tion legislation that emphasizes work along. badly needed childcare. while also providing help to welfare A full debate, though, on the issues My friends, we can do better than participants with respect to childcare would give the Senate, not just a few that. To me, it is just basic logic, basic and educational opportunities. Senate conferees to a reconciliation common sense that in order to move Because of my extensive involvement bill, the opportunity to have a real dis- parents off welfare into work, we have with welfare reform for more than a cussion about the future of welfare and to give them access to decent dozen years and my belief that the pro- what policies we should accept or re- childcare. The House bill provides only gram can work for both States and ject during reauthorization. That is $100 million per year in additional families, I am troubled that the House what we need to do. And I believe it childcare funding to meet a doubling of of Representatives has chosen to in- need not take weeks to develop a con- work hours. Spread out over 50 States, clude its welfare reauthorization bill in sensus and pass a bipartisan bill by a that does not come close to meeting the budget reconciliation package. wide margin. the needs of families. In fact, over 5 Doing so gives the Senate no oppor- In my view, the House welfare reform years, this level of funding is $500 mil- tunity to debate the needed changes in bill, called the Personal Responsibility, lion less than what has been included this important program. Work, and Family Promotion Act of in previous House-passed bills, and $5.5 The TANF provisions included by the 2005, is, unfortunately, decidedly par- billion less than what the Senate would House would reauthorize and make sig- tisan. The bill was reported out of both provide. What is more, according to the nificant policy changes to our Nation’s subcommittee and committee by Congressional Budget Office, it is $4.3 welfare program. Those changes in- party-line votes and was then dropped billion less than what is needed to keep clude far more stringent work require- wholesale into the budget reconcili- pace with inflation and almost $8 bil- ments than under current law while ation bill. lion less than the amount needed to failing to provide sufficient childcare While I am opposed to the inclusion offset increased demand for childcare funding or other work supports to help of the House TANF provisions in the caused by the increased work require- participants meet those new require- reconciliation bill, I encourage my ments. ments. The House bill would dramati- Senate colleagues to oppose including Again, when I was privileged to serve cally increase requirements on States it for a number of other reasons as as Governor of my little State, I saw without giving them additional re- well. firsthand that parents cannot move to sources. And the House language would I fear that the House’s inclusion of a work successfully if they do not have make it more difficult for TANF recipi- welfare reauthorization bill in a budget an answer to this question: Who is ents to make the successful leap from reconciliation bill sets up two likely going to take care of my children and welfare to work. possibilities: No. 1, that the conferees how will I pay for it? The budget reconciliation process is will simply recede to the House TANF If we want to help parents find jobs— not the right place to reauthorize our provisions; or, No. 2, differences be- and I know we do—we need to help country’s welfare program. Instead, we tween the House TANF provisions and them secure childcare. It is just that should take the opportunity to reau- the Senate PRIDE bill will have to be simple. thorize welfare through the regular worked out during a hurried conference In addition to what I feel are inad- legislative process, using the bipar- committee, in which a few conferees equate provisions surrounding work tisan bill reported out of the Senate Fi- will be faced with tough choices on an and childcare, the House bill also lim- nance Committee as our guide. incredible array of other issues. Nei- its the ability of welfare recipients to Earlier this year, you may recall, the ther scenario is acceptable. Welfare participate in educational activities Senate Finance Committee reported will likely be overshadowed in this such as vocational education, allowing out a welfare reform bill—it is called context and is not likely to get much participants to participate in that ac- the Personal Responsibility and Indi- thoughtful review. tivity for only 3 months in a 2-year pe- vidual Development for Everyone Act, The work-first approach to welfare riod instead of the current 12 months. lovingly known as the PRIDE Act—on reform has enabled States to reduce The Senate bill, on the other hand, a bipartisan basis. This legislation caseloads dramatically over the last continues to allow 12 months of voca- would make commonsense changes and decade or so, while helping members of tional education and also establishes reauthorize the welfare reform pro- low-income families to move into jobs something called a Parents as Scholars gram for the next 5 years. The measure and toward financial self-sufficiency. Program, which allows welfare recipi- would also provide long overdue sta- We should build on these successes, not ents to go on to higher education, not bility to States and beneficiaries who jeopardize them. By giving welfare the forever but for at least a limited period have been waiting since 2002 for us to proper legislative consideration in both of time. provide long-term reauthorization, a the House and the Senate, we can do In my view, the House bill is not path forward. just that. friendly to States either. It asks States I would like to commend this after- The House TANF provisions differ to make dramatic changes to their pro- noon Chairman GRASSLEY and Ranking greatly from the Senate’s, and I believe grams. Yet it gives them no additional Member BAUCUS, their Finance Com- a number of the House provisions are funding to accomplish those changes mittee colleagues, and their staff for flat out unacceptable. The House bill and little time to meet those require- their hard work in crafting the bipar- would dramatically increase, for exam- ments before they would be subject to tisan PRIDE Act. That legislation is a ple, the number of hours that welfare harsh penalties. The Senate bill, on the testament to their dedication and their recipients must work. You may recall, other hand, gives States time to meet commitment to enabling Americans to under current law, welfare recipients new requirements. If States make im- move off welfare and, most impor- must work an average of 30 hours per provements but for some reason are tantly, be better off. That committee week. However, under current law, not able to immediately ramp up to the was able to find consensus on issues mothers with young children under the strenuous new targets, penalties will that can be both complex and, at age of 6 must now work at least 20 be temporarily waived—not perma- times, controversial. hours per week. The House bill, by nently, temporarily. Perhaps some of The PRIDE bill can and should be comparison, requires that all welfare my Senate colleagues on the other side taken up by the full Senate and de- recipients—if you have a child a week of the aisle could find common ground bated on the Senate floor early next old or a month old or a year old—even with the House provisions. Perhaps year. This is not a debate that should mothers with young children must some believe we could improve upon consume weeks but, rather, a debate work 40 hours per week. That is a dou- the House provisions in conference to

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.013 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13471 come up with something that is more the power and the ability to go after our larger campaign against global ter- workable. the terrorist network. But, at the same rorists. Iraq—simply put—is not the be I argue, however, that no matter time, let’s do what we have to do to all and end all of our national security. what my colleagues think about the protect the civil liberties and rights of Our brave service men and women House proposal, we can all agree that absolutely law-abiding Americans. won a resounding victory in the initial the Senate should have the chance to Sadly, the conference committee did military operation in Iraq. They have consider welfare reauthorization under just the reverse. The conference com- performed magnificently under very regular order, and soon. If we are al- mittee ignored the will of the Senate. difficult circumstances. Now their task lowed to debate welfare reform in this The conference committee did not is largely over. The current massive body, I am confident we could come up make changes in critical areas such as U.S. military presence, without a clear with a bipartisan agreement that truly library records and business records, strategy and a flexible timetable to advances our shared goal of making so-called sneak-and-peek searches, and finish the military mission in Iraq, is work pay more than welfare. national security letters, changes that actually fueling the insurgency and The motion I will offer tomorrow were essential to reaching the changes will ultimately prevent the very eco- would urge conferees to give the Sen- that were agreed to in the Senate. I nomic and political progress that the ate a chance to do just that, by reject- didn’t think the Senate version did as Iraqis are demanding and that the ing provisions related to the reauthor- much to protect civil liberties and the President has started to talk about in ization of TANF. Instead, the motion I rights of innocent Americans as we his speeches. This isn’t a strategy for will offer would urge that the Congress should have, but it was a move in the success in Iraq or a strategy for success enact freestanding legislation that right direction. Regrettably, the con- in the fight against global terrorism. builds on the bipartisan Senate Fi- ference report is nothing of the kind. That is why we need a flexible timeline nance Committee PRIDE bill. I join Senator SUNUNU, who spoke for meeting clear benchmarks and also I cannot emphasize enough that the eloquently about this earlier today, in withdrawing U.S. troops. Senate bill was reported out of the Fi- saying that the conference report that I am not talking about an artificial nance Committee on a bipartisan basis. will be before the Senate is not accept- timetable, a phrase the President likes The House bill, on the other hand, has able in its current form. The con- to use. I am calling for a public, flexi- consistently enjoyed the support of ference committee needs to go back to ble timetable with clear benchmarks. I only one party. Further, welfare re- the drawing board and make the have suggested the end of December form should not be considered in the changes that are needed. The changes 2006 as a target date for completion of whirlwind of budget reconciliation. Re- are very easy to find. They were con- that mission. But I have made clear form should be based on sound policy, tained in the unanimously approved that any date will have to be flexible to and we should seek to find bipartisan Senate reauthorization bill. respond to unforeseen circumstances. consensus on this most important Clearly, there will be much more to The administration has a unique op- issue, something I am confident we can say about this as the week goes on, but portunity this week to set our Iraq pol- do. we are prepared to use whatever means icy on track. Iraqis will return to the Tomorrow, when the motion to in- we are allowed to use under the Senate polls on December 15 to choose their struct is offered, I urge and invite my rules to try to prevent this conference leaders. Spelling out a plan for the colleagues, both Democratic and Re- report from becoming law in its cur- timely withdrawal of U.S. troops from publican, to support it. rent form. Iraq will signal U.S. support for an au- The PRESIDING OFFICER. The Sen- f tonomous, independent, and self-sus- ator from Wisconsin. taining Iraqi government. There is no IRAQ Mr. FEINGOLD. Mr. President, I ask better way to empower the new Iraqi unanimous consent to speak for up to Mr. FEINGOLD. Mr. President, over government and the Iraqi people than 30 minutes. the past few months, I have addressed by showing that the U.S. military mis- The PRESIDING OFFICER. Without the Senate on a number of occasions sion in Iraq is not indefinite. If we objection, it is so ordered. The Senator about the administration’s flawed Iraq don’t heed the advice of a growing cho- is recognized for 30 minutes. policies. I have discussed a number of rus of experts to set a timetable for f problems with those policies. But the withdrawal, it will be impossible to re- most important problem is that they center our priorities and reengage in PATRIOT ACT are undermining our ability to counter the global campaign against terrorist Mr. FEINGOLD. Mr. President, one a wide range of transnational threats networks. of the major items that we will be tak- that face our country. In too many And that is what we need to do in ing up prior to the end of the year is cases, these threats have been over- order to defeat those networks. the issue of the renewal of the so-called looked or insufficiently addressed be- We have not kept our eye on the ball, USA PATRIOT Act. There was quite an cause of this administration’s mis- Mr. President. We have focused on Iraq effort in the last couple of years in the guided emphasis on policies in Iraq. to the exclusion of these critical prior- Senate to try to fix the problems with Today I will explain why we need to ities, and we have done so at our peril. the PATRIOT Act that led me to vote refocus our national security strategy It is far past time for us to engage in a against it originally. That was a very on the global campaign against ter- serious dialogue about the threats we difficult time, obviously, after 9/11/2001. rorist networks, and I will briefly iden- face, and come up with a tough, com- The PATRIOT Act got through on a tify five areas on which we need to prehensive national security strategy very accelerated basis, and a number of focus. A clear, targeted strategy to to defeat them. us identified serious problems that strengthen our national security is not What are these threats and where do other people didn’t have a chance to an option but a necessity in the face of they come from? As we all know, the analyze at the time. But the situation the growing threats posed by jihadist jihadist network is global in its reach, now has changed. We have had years to terrorist networks. The President is and it is showing no signs of slowing its look at this. Thankfully, the Senate spending a lot of time talking about recruitment and organization in every worked together to do its job on this success in Iraq. Unfortunately, he fails region of the world. Since we waged bill. to recognize that success in Iraq will war against the Taliban in the fall of In the Judiciary Committee and in not be achieved by a massive and in- 2001—a war I supported, by the way— the Senate as a whole, we passed definite U.S. military presence. He ap- we have seen the network of extremist changes to the USA PATRIOT Act, pears to fail to understand the limited jihadist movements proliferate along with renewing the provisions role that the U.S. military can play in throughout the world. We have seen it scheduled to sunset at the end of this Iraq’s long-term political and economic surface in Madrid, London, Amman, year. It was a unanimous vote. People reconstruction efforts. I am afraid to Bali, and in places such as the Phil- from very different philosophies came say, he fundamentally fails to under- ippines, Algeria, Pakistan, Somalia, together and said: Let’s get this right. stand that success in Iraq, as impor- and Nigeria. And while it has spread Let’s make sure law enforcement has tant as it is, is secondary to success in throughout the world, it holds certain

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.015 S13DEPT1 S13472 CONGRESSIONAL RECORD — SENATE December 13, 2005 similar characteristics wherever it ap- U.N. to defeat the Lords Resistance The IED task force needs to identify pears. Army, which continues to commit a strategy, tactics, technology, and It is good to turn to the definition atrocities around the Great Lakes re- training to defend from these weapons, that the 9/11 Commission report itself gion of central Africa. And we do not but it also needs to figure out ways of gave of what this threat is: ‘‘the enemy always have to look far for failed countering the proliferation of IED is not Islam, the great world faith, but states. Right here in our backyard, technology, know-how, and tactical a perversion of Islam.’’ The report Haiti endures rampant political vio- training that are currently being ex- reads: lence and a festering humanitarian cri- ported from Iraq. Tragically, Iraq has [t]he enemy goes beyond Al-Qaeda to include sis, and has served as a base for turned in to a testing-ground for these the radical ideological movement inspired in narcoterrorists and criminal power new weapons, and the administration part by Al-Qaeda that has spawned other ter- structures throughout the region for needs to explain not just how it is rorists groups and violence. Thus our strat- over a decade. Unfortunately, this ad- countering the lethality of IEDs in egy must match our means to two ends: dis- ministration has failed to develop a Iraq, but also how it is mitigating or mantling the Al-Qaeda network and in the comprehensive policy to help Haiti lift preempting the use of these weapons by long term prevailing over the ideology that itself from chaos and to create livable terrorist networks globally. contributes to Islamist terrorism. conditions for the citizens of Haiti. My third area of concern is our woe- In order to reduce the danger of Al- That is a mistake because leaving a fully inadequate diplomatic efforts, Qaeda and radical jihadism all over the country to suffer under chaos only cre- public and private. As the recent 9/11 world, we must invest our time, our at- ates a platform for further threats to Commission report card showed, we tention, and our best minds on this the region and to our country. need to do much better in commu- global threat. And we can’t defeat it If we fail to address weak and failed nicating our principles and goals to the with just one aspect of American states, the lawlessness displayed by international community. In part we power. We need to develop and execute warlords, pirates, bandits, thugs, and are failing because this administration a national security strategy that uti- thieves there will eventually be ex- has not consistently adhered to the lizes our entire arsenal of political, ploited by our enemies. After all, ter- core American values that have made rorists find active and passive support economic, diplomatic and military us a model around the world, that among the alienated and the dis- power in order to counter the primary helped defeat communism, and that affected. Addressing failed and failing threats against us. I want to lay out have inspired democracies globally. states is not easy, but turning a blind five major areas of concern today. The administration’s approach to de- eye to them is naive and dangerous. They are (1) addressing the conditions tainees, torture, and secret prisons, to in which terrorists thrive; (2) enhanc- My second area of concern today is the need to prepare and equip our mili- name a few issues, has jeopardized this ing our military’s ability to wage the country’s unique moral authority as a campaign against global terrorists; (3) tary for a global campaign against terrorist networks. The war in Iraq has country that upholds the rights, lib- improving our public and private diplo- erties, and freedoms of every indi- macy; (4) strengthening our non-pro- had a devastating affect on our military’s readiness and capabilities. I have vidual. I believe that we can combat liferation efforts; and (5), finally fin- voted for an increase in the military’s terrorism while remaining true to ishing the job in Afghanistan. end strength, but this is a long-term those values. First, we must combat the conditions solution and does not address the im- Mr. President, we need a new, sus- that make extremist ideologies attrac- mediate problems we face as we contained and comprehensive public and tive and that allow terrorist networks tinue to over-burden the brave men and private diplomacy, and a concerted ef- to take root and grow. Failed and weak women of our armed forces. It also does fort to tell the rest of the world who we states, such as Somalia, allow ter- not address our failure to prioritize really are and what we really believe rorism, narcotics trade, weapons pro- military spending. Right now, coura- in. This diplomatic effort is essential if liferation, and other forms of organized geous servicemembers are too often re- we are going to prevail in what is in crime to take root and grow. By not quired to do their jobs without the part a battle of ideas—and one that we addressing these conditions, we allow right equipment. While we continue to cannot afford to lose. I am not talking warlords and terrorists to thrive and spend billions of dollars on Cold War- about giving lectures or showing vid- we leave people suffering from poverty era weapons systems, we are not fully eos, but about engaging in genuine dia- and oppression susceptible to their funding the needs of the military per- logue with other peoples and countries. rhetoric, promises, and pressure. sonnel fighting our current wars. It is a Listening, and responding to, their Let us not forget that three of the national shame that the Department of concerns is one of the most effective poorest and most isolated countries in Defense budget, which so dwarfs our ways to improve our image, and thus the world—Somalia, Sudan, and Af- spending in any other sector, still has our relationship, with the inter- ghanistan—served as the starting failed to pay for the timely provision of national community. blocks for the terrorist network that adequate armor for our men and Diplomacy also involves looking for delivered the most lethal attack ever women in the battlefield. opportunities to demonstrate our core on the U.S. If it wasn’t clear before Mr. President, waging a successful values. One such opportunity was lost September 11, 2001, it is now—we ignore global campaign against terrorism also in the response to the recent tragic these places at our national peril. will require us to counter new and earthquake in Pakistan where hun- Over 4 years after 9/11, places like So- growing terrorist tactics. Improvised dreds of local religious organizations— malia continue to be large, black holes Explosive Devices, IEDs, continue to many of them linked to extremist or on our radar, and continue to create increase in lethality and complexity in anti-American ideologies—beat out the conditions that allow terrorist net- Iraq and elsewhere. I was pleased that American relief efforts with quick, ap- works to recruit, train, and export Secretary Rumsfeld recently appointed propriate, and thoughtful responses. A their lethality at will. While Somalia a retired general to lead a joint task CEO of a U.S.-based relief agency, hav- has remained a failed state for over a force on countering the threat of IEDs. ing just returned from Pakistan, re- decade now, recent examples of the As the death of 11 marines in Iraq on layed to me his frustration that ‘‘the lawlessness that exist within that December 5 showed, the U.S. military United States lost a significant oppor- country made headlines when freely has yet to develop a strategy or tech- tunity to win the hearts and minds of operating pirates attacked a civilian nology to sufficiently defend our serv- a core population in Pakistan vulner- cruise ship 25 miles off of the Somali icemen and women from these trou- able to extremist ideologies because we coast. We can expect more headlines bling weapons. More troubling is the responded with standard, boxed solu- like that if we continue to think that fact that we are now seeing the use of tions.’’ supposedly small, marginal states are increasingly sophisticated IEDs outside We also need to engage our inter- not worth our attention. of Iraq. This know-how and technology national partners not only in the cam- That is why we should be taking seri- is being proliferated throughout the paign against terrorist networks, but ously the inability of Uganda, the new global network of terrorists who seek also in the challenge to eradicate ma- government of southern Sudan, or the to harm the United States. laria, address HIV/AIDS, help rebuild

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.012 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13473 countries such as the Democratic Re- ken country into a thriving democracy. While this administration talks and public of the Congo, bring peace to the It needs a lot of work, though, and dis- thinks about Iraq, our enemies are Darfur region in Sudan, and help proportionate attention to Iraq has growing stronger around the globe. counter the impact that illicit power drained many of our positive and ap- Those enemies are disparate, diffuse, structures and the absence of rule of preciated efforts in Afghanistan. and relentless. They operate in law have on societies around the world, I see three major areas that need fur- ungoverned spaces, on the Internet, in to give just a few examples. We need to ther attention in Afghanistan. cities, mountains, and jungles. Left un- work hand in hand with those partners First, as part of assuring long-term checked, they will continue to plot in developing strategies to isolate success in Afghanistan, we need to en- against the United States. rogue states and to advance democracy sure that international assistance, Our national security policy is adrift, and respect for human rights. much of it from the United States, con- but we have the power to change it, to The fourth area we need to focus on tinues to be targeted, coordinated, and correct our course. We must tackle is the proliferation of weapons, large appropriate. We are running the risk of these challenges and build a security and small. We need to do much more to creating a ‘‘Donor’s Republic of Af- strategy that protects our Nation from stop nuclear proliferation and ensure ghanistan’’ by creating an the most dangerous threat that it that terrorist organizations do not ob- unsustainable Afghan Government that faces. tain access to nuclear weapons. We the Afghans themselves cannot afford Mr. President, I yield the floor. must deal with the threats of loose or manage. At this time, annual recur- The PRESIDING OFFICER (Mr. nukes as an urgent priority both at ring costs to maintain the U.S.-devel- BURR). The Senator from Pennsyl- home and abroad. This administration oped Afghan National Army outweigh vania. Mr. SPECTER. Mr. President, before unfortunately has failed to do so. More the central Government’s revenue the Senator from Wisconsin leaves the nuclear weapons were secured in Rus- streams by a multiple of two or three. floor, I request that he be available to sia in the 2 years before 9/11 than in the And this is not taking into consider- discuss some of the provisions of the 2 years after. That is an alarming fact. ation the police force and other essen- PATRIOT Act. I see him remaining on And we should not have missed the op- tial public services that are in drastic the floor, so permit me at this time to portunity at the last Nuclear Non-Pro- disrepair or in need of further develop- take up a couple of the issues which liferation Treaty conference to start ment. the Senator from Wisconsin has raised, moving forward on a new global re- Second, we need to continue burden appropriately putting my question to gime; one that does a better job of pro- sharing throughout the international community and encouraging a greater the Chair as our rules require, and then tection and punishing cheating so that asking for responses. role for NATO, the United Nations and, states cannot take their nuclear pro- The PRESIDING OFFICER. Without most importantly, the Afghan Govern- grams right up to the line of compli- objection, it is so ordered. ance and then withdraw from the trea- ment, as it struggles to fight resurgent Mr. SPECTER. The Senator from ty when they are ready to become new terrorist and obstructionist threats. Wisconsin has raised an issue on the nuclear weapons states. I was glad to receive news last week national security letters with respect We should also reverse the foolish de- that NATO will increase its presence in to the presumption which arises when cision to ease export restrictions on southern Afghanistan, but we need to a high-ranking governmental official, bomb-grade uranium that was part of assure that long-term development and such as the Attorney General, Deputy the massive and misguided Energy bill security aid is tied to measurable Attorney General, Assistant Attorney signed by the President this summer. benchmarks for success. General, head of the FBI, or head of the We must also focus on smaller weap- Third, we need to continue to pres- departments making the request, cer- ons that continue to fall into the hands sure countries such as Pakistan, Iran, tifies that there is a national security of terrorist networks at a cost of tens China, Russia, Turkmenistan, interest or an issue of diplomatic rela- of thousands of lives each year. I ap- Kyrgyzstan, and others to be construc- tions. plaud the recent announcement by my tive partners in the development of Af- This is an issue which, as I under- distinguished colleagues, Senators ghanistan’s new and fragile govern- stand it, the ranking member, the Sen- LUGAR and OBAMA, of their initiative to ment and economy. Afghanistan is suf- ator from Vermont, Mr. LEAHY, raised make more funding and new authori- fering from porous borders which make earlier. The question I have for the ties available for new proliferation pro- it an ideal environment for a thriving Senator from Wisconsin is whether he grams and to counter the growing illegal drug trade, illegal imports and is aware of the fact that the conclusive threat that light weapons, such as the exports, and terrorists and insurgents presumption, which is present in the Man Portable Air Defense System, pose who want to prevent the new Afghan conference report, is not as tight as the to the United States. Government from developing. conclusive presumption which was Unfortunately, we are behind the ball We have to succeed in Afghanistan. If present in the Senate bill which passed on this issue, and we need to dras- we allow the new Afghan Government unanimously from the Judiciary Com- tically improve our ability to hunt to become weak, feckless, and corrupt, mittee, of which the Senator from Wis- down, shut down, and capture the net- we will risk losing everything we have consin is a member, and by unanimous works of arms dealers that are getting invested. We will lose a partner in the consent on the floor of the Senate, rich by selling weapons to our enemies. campaign against terrorist networks, without objection by the Senator from Fifth and finally, we must refocus and we will lose the opportunity to Wisconsin. our energies on Afghanistan. The point to Afghanistan as an accomplish- I refer specifically to the provision in President spends a lot of time dis- ment. the Senate bill which says: In review- cussing Iraq, but not much time on Af- I have tried to identify five crucial ing a nondisclosure requirement, the ghanistan which was and maybe still is areas in which we are not doing enough certification by the Government that home to Osama bin Laden. Unlike our to protect our national security. We the disclosure may endanger the na- presence in Iraq, our presence in Af- are not doing enough for a number of tional security of the United States or ghanistan is contributing to increased reasons, but foremost among them is interfere with diplomatic relations stability in the country and region and the administration’s single-minded and shall be treated as conclusive unless is delivering progress in the war on al- self-defeating emphasis on Iraq. The the court finds that the certification Qaida. President’s debilitating and misguided was made in bad faith. Success in Afghanistan is essential Iraq policy is preventing us from focus- That language is substantially re- for making progress in the campaign ing our attention, our resources, and peated in the conference report, except against terrorist networks, and it is our efforts on the global campaign that the conference report makes it where we must show the commitment, against terrorist networks. That is why tougher on the governmental certifi- resolution, and capabilities of America. we need a plan to wind down our mili- cation by requiring the high-level offi- It is one of the first battlefields in this tary presence in Iraq and bring our cial to make the certification. war. We now have the opportunity to focus back to the threat of radical Quoting from the conference report, turn what was once a despotic and bro- jihadist-based terrorism. it says: If at the time of the petition

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.017 S13DEPT1 S13474 CONGRESSIONAL RECORD — SENATE December 13, 2005 the Attorney General, the Deputy At- I did work, as the Chairman knows, co- chairman cosponsored the SAFE Act torney General and Assistant Attorney operatively with him to create a docu- and yet did not object, apparently, to General or the Director of the Federal ment that at least had some balance. the significant withdrawal from the Bureau of Investigation or, in the case What has happened now is we have lost SAFE Act provisions in this area. What of a request by a department, agency, the positive changes we gained in the we need in this provision on these na- or instrumentality of the Federal Gov- Senate bill, and we continue to have a tional security letters to prevent po- ernment other than the Department of very inadequate provision relating to tential abuses, as well as the abuses Justice, the head or deputy head of the national security letter authority. that may well be already occurring— such department, agency, or instru- Mr. SPECTER. Mr. President, with the Washington Post suggested some mentality—and now we come to the all due respect, the Senator from Wis- 30,000 national security letters per crucial language, continuing—certifies consin has not answered my question. year—is a clear standard that these that disclosure may endanger the na- When he takes up the SAFE Act, which provisions can only be used to obtain tional security of the United States or he cosponsored, so did this Senator. I records that pertain to a terrorist or a interfere with diplomatic relations, was not satisfied with the provisions of spy. Neither the Senate version nor the such certification shall be treated as the PATRIOT Act in effect at the version in the conference report conclusive unless the court finds that present time, and I was a cosponsor of achieves that. So, yes, I acknowledge the certification was made in bad faith. the same bill as the Senator from Wis- there are some language differences, My questions to the Senator from consin, Senator DURBIN, and others, in but I do not believe they achieve what Wisconsin are the obvious ones: No. 1, order to protect civil liberties, which I we need to achieve with regard to na- was he aware that the conference re- sought to do in the Senate bill and I tional security letters. port has the identical provision, except sought to do, and I think successfully, Mr. SPECTER. Mr. President, the more restrictive, and if so, why does he in the conference report. Senator from Wisconsin does not know now object to this provision in the con- When the Senator from Wisconsin what I did in conference because he was ference report when he approved it in talks about Section 215, I am coming to not a conferee. There is no reason why committee and raised no objection on that and I wish to engage him in a dis- he should know. But I can tell him that the floor? cussion on that specifically, but let me I fought very hard for a lot of these Mr. FEINGOLD. As the Senator well put it aside for a minute so as not to provisions, and I can tell him further knows, on the floor we passed this bill confuse that issue. With respect to that I was not persuasive enough to get by unanimous consent, without debate, sneak and peak, the delayed notice, I 100 percent of what I wanted. but I and others raised our concerns in am coming to that as well because Mr. FEINGOLD. Mr. President, I the Judiciary Committee. The Senator there are major, vast improvements in would like to say—— well knows I was not pleased with the the conference report over existing Mr. SPECTER. Wait just a minute. I outcome on this provision in the Sen- law. With respect to the roving wire- have the floor. I want to finish this, and I will come back to the Senator ate. I fought hard to get as many taps, I am coming to that, too. But fo- from Wisconsin and give him ample changes as possible, but we did not get cusing for just a minute one at a time time to comment on what he wants to the changes we needed with regard to so there can be some understanding— this is a very complicated bill. I spoke comment on. national security letters, and the con- We have a bicameral system. If the on it at some length yesterday after- ference report failed to improve this Senate could act alone, we would have noon in order to acquaint my col- provision as it should have done. had the Senate bill. When the Senator The Senator is correct, as I under- leagues with it. I have made quite a from Wisconsin says he was not satis- stand it, that the Senate version did number of calls to my colleagues, as fied with this provision in the Senate not change much of existing law in this far as I can go, to acquaint people with bill contrasted with the SAFE Act, I what is in this bill so we can under- area, and the conference report is es- would not disagree with him about stand it and vote on it with an under- sentially the same. The conference re- that. I will not disagree with him standing. port did not include the national secu- about that at all. In the Senate bill, I Coming back to the conclusive pre- rity letter standard that a bipartisan did not have everything that I would sumption in the national security let- group sought, three Democrats and like. There are 17 other members of the ter, the question I posed to the Senator three Republicans, as well as other co- Judiciary Committee and there are from Wisconsin was whether—well, sponsors of the SAFE Act, which is many members who thought the Sen- maybe three questions. Does not he that the Government can only obtain ate bill went too far on civil rights. It agree that the conference report is records that pertain to a terrorist and was necessary to balance very deli- even more protective of civil liberties spy. cately to get 18 Senators to agree, sort than the Senate bill? The second ques- In addition, in answer to the Sen- of unheard of, and I will not go over ator’s question, the judicial review of tion: Did he know about it? And if on the composition of the committee, but the NSL gag rule in the conference re- this provision alone, putting aside the we have people from opposite ends of port also is inadequate. In the SAFE others he referred to, 215, sneak and the political spectrum on that com- Act, we included meaningful judicial peak, and wiretap, and we want to mittee. review of national security letters and come to sunset, too, which is a gigantic Mr. FEINGOLD. Mr. President, would the NSL gag rule. Under the Senate improvement—it was not mentioned by the Senator yield so I can respond to version, there is judicial review of na- the Senator from Wisconsin. I think his comment? tional security letters and gag rule, when we get to that he will concede Mr. SPECTER. One moment, and but there again, disappointedly, even that was a big improvement and maybe then I will yield for the Senator’s the Senate version of the bill failed to he overlooked it in commenting or at reply. create a standard that was realistic. It least any comment that I heard him The point is, the Senate came to this created a standard for the gag rule that make. But coming back to the national conclusive presumption and the Sen- would be virtually impossible to meet. security letter, what about my three ator from Wisconsin voted for it. The Of course, the areas that caused me questions, if I may pose them through full Senate came to this conclusion. to vote for the Senate bill were the im- the Chair to the Senator from Wis- The Senator from Wisconsin did not provements it contained, especially the consin? object to it. So I think it is rather late change to Section 215, which we have Mr. FEINGOLD. I would say to the in the day—frankly, too late in the lost; on sneak and peak search war- chairman through the Presiding Offi- day—for the Senator from Wisconsin to rants, which was largely pulled back; cer, I did respond to his question, and I say that a provision which he has ap- and on John Doe roving wiretaps, can tell him that I was aware of the proved is the basis for rejecting the which have been only partially pre- changes that occurred in the con- conference report because the con- served. ference report vis-a-vis the Senate bill. ference report did not do something he The point is that I was not happy They are not adequate. We are still would have liked better. with this portion, but in light of some very far away from the SAFE Act with Now, without yielding the floor, I ask of the other changes in the Senate bill, regard to this provision. I note that the unanimous consent that the Senator

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.022 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13475 from Wisconsin be allowed to make liant, I like the part where he said I closed-door briefing where the Depart- whatever comments he chooses on this was a tremendous chairman, but there ment of Justice came in and showed us point. were other parts with which I disagree what they consider to be needed. I Mr. FEINGOLD. Mr. President, the as to what he said. thought it was within the realm of rea- first thing I want to say is that the A little levity will not hurt this de- son, but I knew it would be an obstacle Senator from Pennsylvania is not the bate any. to getting the law put into effect and problem here. Everything he has said is I focus only on national security let- getting support for that provision, and accurate. He fought tenaciously in the ters at the outset, to establish the I opposed it. But when I recognized committee, and I think brilliantly, to point that the conference report is that there are other points of view be- bring us together in a balanced pack- more protective of civil liberties on sides mine and besides the Senate’s, age. I say to the Senator, through the that point than the Senate bill. I want and without a lot of other major con- Presiding Officer, I am grateful for his to go on to the other points. I have cessions on the national security let- efforts in the Judiciary Committee and only faint hopes of persuading the Sen- ter, which I have already described and the Senate as a whole, and for his ef- ator from Wisconsin to support the will come back to—there were more forts in the conference committee, be- conference report, but I do think it is concessions we got there—it seemed to cause I know the Senator tried. What very useful to have this discussion be- me that provision was acceptable. happened in the Senate was that the cause he is, appropriately, very deeply The question which I have for the will of this body as a whole, which we involved in this bill and there is no bet- Senator from Wisconsin is whether he all compromised on, prevailed. The ter way to acquaint our colleagues and has had an opportunity to get that Senator from Pennsylvania correctly the staffs—perhaps two or three people briefing? Last Thursday, I asked my points out that I had to give, unfortu- watching on C–SPAN2—to acquaint Chief Counsel, who has done such an nately, on this national security letter America, to the extent we can, with extraordinary job, Michael O’Neill— issue, to get the important changes re- what we are doing here. who was here a moment or two ago; garding library records, sneak-and- On to section 215: Section 215 in- he’s probably too busy to stay and lis- peek searches, and sunsets. volves business records and the highly ten to his speeches—to make a briefing The fact is, I say to the Senator that controversial point on library records. available to the Senator or his staff. of course I objected to that provision. The Senator from Wisconsin is correct My question to the Senator from Wis- But I was trying to work with the Sen- that the existing law is deeply flawed. consin is, No. 1, if he has had an oppor- ator to come up with a balanced pack- Bear in mind, we are living under that tunity to get that briefing; No. 2, if so, age, as Senator SUNUNU and I were law until we pass a new law. That is what he thought of it with respect to commenting earlier, a package we the law we are operating under today. the weightiness of what the Depart- could support as a whole. The Senator Existing law enables a law enforcement ment of Justice had to say; and, No. 3, is now suggesting that after we made official unilaterally to go to get if this modest addition is so significant some gains and we lost some issues, I records on his determination that they as to sink—or in conjunction with should now accept the one part we did are relevant, and there is no judicial other similarly unweighty matters— not prevail on and give up the parts I review. What the Senate bill did, and sink the bill? did prevail on. That strikes me as a what the conference report perpet- Mr. FEINGOLD. In response to the rather odd deal. uates, is to put in judicial review. The Senator from Pennsylvania, the Sen- It was, as the Senator knows, a very traditional safeguard of liberty has ator knows very well I am familiar difficult vote for me to support the been to interpose a disinterested, im- with what went on in that briefing. Senate package. I was the only Member partial magistrate between law en- You and I spoke here outside this Sen- of this body to vote against the origi- forcement and the citizen. That is what ate Chamber about these very provi- nal PATRIOT Act because it was deep- happens when you get a search-and-sei- sions. I indicated to the Senator that I ly flawed, and the Senator from Penn- zure warrant to establish probable had my staff, who received this brief- sylvania and many others have ac- cause. That is what happens when you ing, go over with me, in a secure set- knowledged there were such flaws and get an arrest warrant to take some- ting, exactly the hypotheticals that we have worked together to fix what body into custody. We have moved sub- those who wanted this additional pro- we could. I was determined, as I said at stantially toward that cause, although vision in the conference report raised. the time we passed the Senate bill, to not quite probable cause for a search My staff and I looked at those work with my colleagues to fix the warrant or an arrest warrant, but a hypotheticals and were very other flaws, especially those in the na- very substantial portion of the way by unpersuaded. tional security letters. the Senate bill, which is perpetuated in Here is the significance. What the But this idea that when you get the the conference report, that a court Senator from Pennsylvania is sug- package back and it only includes the may issue an order for records only on gesting is that it is not a major change things you don’t like and it doesn’t in- ‘‘a statement of facts showing that to add, on top of the three-part test of clude the things you did like, that you there are reasonable grounds to believe the Senate, an additional provision should keep your mouth shut and you that the tangible things sought are rel- that merely requires relevance. This is should not oppose it, that to me is ri- evant to an authorized investigation to a big deal, because the other three pro- diculous. protect against international ter- visions require that the records pertain Mr. President, I say to the Senator, rorism.’’ to a terrorist or spy, or records of peo- and I mean it absolutely sincerely, he The Senate bill established three cri- ple in contact with or known to a ter- has been a tremendous chairman. He teria for the relevant standard. First, rorist or spy, or relevant to the activi- has been one of the real keys to us hav- activities of a suspected agent of a for- ties of a terrorist or spy. All three of ing any chance at all to fix this legisla- eign power; second, a foreign power or those tests require something closer to tion. But I am very disappointed with agent of a foreign power; third, an indi- the connection that the Senator from what we got back from the conference vidual in contact with or known to a Pennsylvania and I demanded in the committee. I know very well that the suspected agent of a foreign power. In SAFE Act. chairman did not want this document conference we did add an additional The additional item put in the con- to look like this. He wanted it, I as- provision, which the Senator from Wis- ference report is the loophole, the ex- sume, to look like the very document consin has objected to. The additional ception, that swallows that three-part he crafted in the Senate Judiciary provision is that the judge may order test. It does not require the connection Committee. the production of records of an indi- to the terrorist or spy, even though I yield back to the Senator from vidual where the judge concludes those this legislation, from the very outset, Pennsylvania. records are important—crucial to the was supposed to be a response to what Mr. SPECTER. Mr. President, I do investigation, to a terrorism investiga- happened on 9/11, to terrorism. This not disagree with everything the Sen- tion. does gut the changes to section 215 that ator from Wisconsin has said. In fact, I If I had my druthers, I wouldn’t have are in the Senate bill. This does render like part of it where he said I was bril- put the provision in, but we had a meaningless the efforts you and I and

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.023 S13DEPT1 S13476 CONGRESSIONAL RECORD — SENATE December 13, 2005 others made to get a good provision in standard has always been that if you that could affect how Members vote on the Senate. And, yes, it is a sufficient had a national security letter, you the conference report. reason not to go forward. kept quiet about it, the recipient did. I yield the floor. The feelings the American people There was no explicit opportunity for Mr. SPECTER. Mr. President, the na- have about this poorly drafted section the recipient of a national security let- tional security letters are stronger in 215 cannot be answered by a provision ter to challenge it. But the conference the conference report than they were that simply demands general relevance report fixing up the Senate provision in the Senate bill. The conclusive pre- and does not require a connection to explicitly gives the recipient of a na- sumption in the conference report is terrorism or espionage. It is unaccept- tional security letter the right to con- more protective than the language in able. And on that ground alone, al- tact an attorney, to go to court, and to the Senate bill on conclusive presump- though there are other grounds, it is have a national security letter tion. The conference report picking up very disturbing. quashed, if it is unreasonable, oppres- the Senate bill provisions improves the I want to say that the Senator, my sive, or otherwise contrary to law. The civil liberties protection from existing colleague and friend, did try hard. He recipient also has the power to get a law by the explicit right of the recipi- said earlier that if he had his druthers court order to tell the target. That is ent to go to court to quash or to make he would have preferred a better provi- subject to a certification by these high- the disclosure to the target. sion. This isn’t about druthers. This is ranking governmental officials that it Mr. FEINGOLD. Mr. President, if I about a devastating power of the Gov- would endanger national security or could make one remark, and then I will ernment to be able to go and take your diplomatic relations. have to leave. If the Senator will yield. library records on some general notion But again, the provision in the con- Mr. SPECTER. I will yield on the of relevance that has nothing to do ference report is more protective of condition that I not lose my right to with any connection to terrorism or es- civil liberties than what was in the the floor. pionage. That is unacceptable in Amer- Senate report. On this provision on na- Mr. FEINGOLD. On the national se- ica, and under our Bill of Rights. tional security letters, the conference curity letters, we will have to agree to Mr. SPECTER. Mr. President, I did report goes much further than existing disagree and continue to debate this not acquiesce in this matter simply as law. Again, the national security let- and come to a similar conclusion with a matter of druthers or nondruthers. I ters were not covered in the PATRIOT regard to what the conference report acquiesced in this matter because it Act. did vis-a-vis the Senate bill. Perhaps was, as a total scheme of things, ac- I don’t have a question for the Sen- we could agree on how valuable it ceptable. There was adequate protec- ator from Wisconsin. I will come to would be in light of how serious these tion. It is not, as the Senator from Wis- some later, but I ask unanimous con- concerns are about the national secu- consin defines it, broad-ranging au- sent that I might yield to the Senator, rity letters, for that provision at least thority of a judge. The impartial judi- if he cares to reply at this point to to be part of the group of provisions cial official has to agree that it is a what I have said, without losing my subject to a sunset. terrorism investigation, and that these right to the floor. I want to point out to my colleagues records are crucial and important to The PRESIDING OFFICER. Without with regard to these national security the investigation, that they are rel- objection, it is so ordered. letters that there may have been 30,000 evant to the investigation, and it is not Mr. FEINGOLD. Mr. President, I say issued, according to the Washington something that is extraneous but it is to the Senator that I meant what I said Post, per year. That power is not a terrorism investigation. about his efforts and his sincere desire sunsetted. That is troubling. I focus on this matter again not with to try to fix these provisions, and that I yield the floor. any expectation of persuading the Sen- is what we started to do in the Senate Mr. SPECTER. Mr. President, I sug- ator from Wisconsin but to tell my col- version. gest that the Senator from Wisconsin leagues why he is objecting to this pro- Second, I do think this is an excel- get a classified briefing and not accept vision, and to invite my colleagues, the lent process, that we need to come out what he reads in the Washington Post. other 98 Senators, if they want the here on the floor and be very specific The Washington Post is wrong. I hope briefing, to see why there were sensible about what is right and what is wrong the Senator from Wisconsin will not reasons for the Department of Justice about these provisions. It is neither leave the floor. If I can have the atten- and the details of this provision not sufficient to say to our colleagues that tion of the Senator from Wisconsin, I going too far, not impinging on civil we have to pass it as it is because the hope he will not leave the floor while I liberties because I wouldn’t support a time is running out, nor is it sufficient make a couple of other comments. I bill which impinged on civil liberties. I for somebody on my side to say, look, will try to be brief, although I don’t simply wouldn’t do it. But there are this is an enormously dangerous, think it has been extensive so far. others who have contentions, and we unfixable provision and the whole Mr. FEINGOLD. I appreciate that. I had a great many concessions from the thing should go down. Neither of those need to leave briefly. I will be right House of Representatives. positions is defensible. What is defen- back, but I enjoy this process. I need to I have taken up the two principal sible is to look at each of these provi- take care of one matter, and I look for- considerations which the Senator from sions as we have been doing and ask if ward to returning to continue this dis- Wisconsin was arguing, the conclusive we have done enough to protect law- cussion. presumption in the national security abiding Americans. I come to the con- Mr. SPECTER. Let me be brief with letter and this additional provision clusion that we were very close, had one comment about 30,000. I urge the under section 215. maybe even achieved that with regard Senator from Wisconsin to get a classi- But I want to come back for a mo- to section 215. But the conference re- fied briefing and not to take the facts ment to the national security letter on port failed in that regard, and it brings of the Washington Post, because the important concessions which the Sen- us back far too close to the original Washington Post is totally wrong. I am ate obtained in the conference report, mistake. not at liberty to tell the Senator what first, to point out that the national se- On the national security letters, I am the facts are, although I asked the De- curity letter was not established by the not impressed by the improvements of partment of Justice to put those facts PATRIOT Act which we enacted short- the Senate version, which I didn’t find before the public. Too much is classi- ly after 9/11. The national security let- to be adequate in the first place. So fied, and I think this is inappropriately ters have been in existence for decades. with regard to both of those, not to classified. I would like to be able to de- But the Senate utilized the revisions to mention the sneak-and-peek searches tail it. the PATRIOT Act to put limitations that we will discuss later on, the con- Let me talk about the delayed notice on the national security letters be- ference report simply does not do the provisions. cause they fit within the overall pa- job. Existing law provides for notification rameters. We have some very impor- I do recognize the Senator’s sincere of the target in a reasonable period of tant concessions on national security desire to make sure the Senate is well time, which could mean anything. The letters in the conference report. The informed about the remaining issues Senate bill called for 7 days, the House

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.024 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13477 bill wanted 180 days, and we got 30 tional provision, which is justified, so ticular legislation or consistent with days. they can evaluate his objection to the his apparent cosponsorship of the I suggest in the totality of the legis- national security letters where the SAFE Act in the past. lation that we are in the 85 to 15-per- conclusive presumption is tighter in This debate is valuable, but when the cent range, 85-percent Senate provi- the conference report than in the Sen- Senator actually lists these all to- sions, 15-percent House provisions, and ate version and other protections, and gether as he has done, the only thing I the 15 percent which the House has the protections on delayed notice, so- can agree with him on is—and I am does not impinge on civil liberties. I called sneak and peek, and wiretaps, grateful—that the sunsets have been wouldn’t take 1 percent if this were an and then especially on sunset. preserved. That is positive. inappropriate impingement on civil lib- The debate is very illuminating and Let me say, the Senator cosponsored erties. The 30 days can be extended by does more than the speech I gave yes- the SAFE Act. He knows some of the a court on cause shown for specific rea- terday. There is nothing as dull as a things we are sunsetting potentially sons. speech on the Senate floor and nothing permit the violations of the rights of With respect to the wiretap provi- as lively as a little debate. This Senate innocent and law-biding Americans. A sion, I joined the Senator from Wis- has very little debate, very little ex- sunset is only a secondary level of pro- consin in opposing the roving wiretaps. change of ideas where Senators come tection that essentially says, Look, I have never liked wiretaps. When I was and in a respectful way pose questions people’s rights might be violated now, district attorney for Philadelphia, this and in a respectful way give answers to but at least we will have a chance to issue came up for consideration of our illuminate rather than obfuscate; no change it later. The idea of simply pre- body, and I was the only one of 67 coun- table-pounding. vailing on the sunsets, which allow vio- ty district attorneys to object to wire- I thank the Senator from Wisconsin lations to continue without changing tapping. for what he has done this year on the the substance of the law to protect Since I can only be brief here, I committee and for his thoughtful ap- Americans’ rights and civil rights lib- would invite my colleagues again—I proach here, albeit wrong, albeit not erties, is not a sufficient reason to vote know I am not going to persuade the persuasive and should not carry the for the conference report. But I do look Senator from Wisconsin. In talking day. I thank him for his contribution. forward to further exchange with the about the late notice and talking about Without yielding the floor, I ask Senator on this as the week goes on. the wiretap provisions, I want my col- unanimous consent I may yield to the I thank the Chair. leagues to look at the details as to how Senator from Wisconsin without losing The PRESIDING OFFICER. The Sen- we have protected against random se- the floor. ator from Pennsylvania. Mr. SPECTER. I thank the Senator lection on the specification, a descrip- The PRESIDING OFFICER (Mr. from Wisconsin. tion of the person who is to be wire- CHAMBLISS). Without objection, it is so The last comments made the argu- tapped, and showing that the person ordered. ment better than I have during the Mr. FEINGOLD. Mr. President, I am subject to the wiretap is likely to try course of the last hour when he chas- thoroughly enjoying this, and I came to avoid the wiretap. tises me for agreeing to 30 days when I out here and described the Senator The final comment I have to make is voted for 7 days but the House bill has again as valiant on this issue. But I am about sunsetting. The House put in a 180 days. That is a reason to vote provision for a 10-year sunset. The Sen- getting a little worried as we start re- against the bill. He has made my case. ate put in a provision for a 4-year sun- viewing each of these provisions. The When you take up an issue about set. The House wanted the compromise Senator from Pennsylvania voted for what is fair and appropriate and ade- of 7 years, halfway between 4 and 10. every single one of these provisions quately protective of civil rights as to The Senate conferees insisted on a that I have talked about as part of the when the target should be notified as compromise at 4 years. The House said Senate version. There was a reason we to a surreptitious or secret search of it was not much of a compromise, not drafted it that way. his apartment, and you have an exist- when they were at 10 and the Senate When the Senator properly puts me ing bill which says a reasonable period was at 4 years. I thank the White through my paces on each of these of time—which could be anything—and House for assistance in working this issues and I identify my remaining ob- the Senate comes in at 7 days and the detail out. We did so on the expecta- jections and he minimizes the objec- House comes in at 180 days, there is no tion that by working the sunset to 4 tions—keep in mind he already voted real concession on civil liberties. The years, we would have a number of Sen- for those very provisions; he voted for House made a concession of 150 days, ators’ signatures on the conference re- exactly these provisions in the Senate from 180 to 30. The Senate made a con- port and a number of House signatures bill. So when I point out on section 215 cession of 23 days, from 7 to 30. on the conference report. that a general relevance standard is I ask the other 98 Senators whether I am not going to wash that linen in not a sufficient protection and he this is a meritorious argument, a public as to what happened but only to agrees on the record that was troubling weighty argument, or more of scintilla. say that our ability to review this bill to him, it seems to me that is a valid That is an expression we use in the law at 4 years is a mighty potent weapon to issue to be concerned about. when the item has virtually no weight. keep law enforcement on its toes, With regard to the sneak-and-peek In the common law, they talk about a knowing it is going to be subject to re- provision, the Senator did not vote, peppercorn being adequate for consid- view in that period of time. when he voted in the Senate, for 30 eration. But this is a scintilla. Maybe I have pledged privately and publicly days’ permission for a sneak and peek this is not even a scintilla, to say a and again in the Senate yesterday to and a 90-day extension after that; he concession from 7 to 30 days is mean- have extensive and piercing oversight voted for 7 days, because the Senator ingful. as to what law enforcement does. I from Pennsylvania knows as well as I am glad the Senator from Wis- think the Senator from Wisconsin will any Member in this Senate that the consin made that as his final, persua- agree on the point that in the year I idea of a sneak-and-peek search in the sive, overwhelming argument because have been chairman, there has been first place is a very troubling exception that illustrates the flimsiness of the real oversight. We have called for it to the fourth amendment protection considerations. and done a job here. that every American has against un- Mr. FEINGOLD. Mr. President, be- The debate has been very useful. I reasonable searches and seizures. This cause of the last exchange, that will don’t have any questions to pose to the is a very narrow exception. When the not be—— Senator from Wisconsin. I am glad he Senate voted in the Senate, he did not Mr. SPECTER. I have the floor, but I is here to respond so the other side can vote for 30 days. He did not vote for a will yield to the Senator from Wis- be articulated and so my colleagues period of time that is over four times consin on unanimous consent. I saw can make their own evaluation as to larger than 7 days; he voted for 7 days. Senator BYRD one day perfect this, and the weight of the objection of the Sen- To now suggest this is somehow a triv- I will not make a mistake of yielding ator from Wisconsin to section 215, ial concern is not consistent with ei- without reserving the right to the which is very limited to that one addi- ther the Senator’s record on this par- floor.

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.026 S13DEPT1 S13478 CONGRESSIONAL RECORD — SENATE December 13, 2005 Mr. FEINGOLD. I have no desire—— ments. I see other of my colleagues on There being no objection, the mate- The PRESIDING OFFICER. Without the floor seeking recognition so I will rial was ordered to be printed in the objection, it is so ordered. not take these up at this time. But I RECORD, as follows: Mr. FEINGOLD. I have no desire to would invite my colleagues to examine DEWINE MOTION TO INSTRUCT CONFEREES TO take the floor away from the Senator what the Senator from New Hampshire DROP THE REPEAL OF CSDOA STATEMENT from Pennsylvania, but back where I has had to say in the context of the de- OF SENATOR ARLEN SPECTER live, when the Government comes into bate which I have had with the Senator Mr. SPECTER. Mr. President, as I have your home and you do not know they from Wisconsin because I think they said, I have sought recognition to express my have been rummaging around in your are covered. But I will want to deal opposition to section 8701 of H.R. 4241, the house and you find out 7 days later House-passed budget reconciliation bill, with them specifically. which seeks to repeal the Continued Dump- that they did this, you are upset. If you I would point out—I am looking ing and Subsidy Offset Act, CDSOA, or Byrd do not find out for 30 days, where I through the transcript for a moment amendment, and to express my support for come from that is not a scintilla; that on some of the things which he has had the DeWine motion to instruct conferees to is a big deal. The U.S. Government to say. There are also some comments not include this provision in the conference coming into your house without giving made by the Senator from Vermont, report. you notice, as people expect under the the distinguished ranking member, CDSOA was enacted in 2000 to enable U.S. fourth amendment, is not a triviality. which I will comment about later. We businesses and workers to survive the face of It is at the very core of one of the continued unfair trade. The program allows will have a debate. the Bureau of Customs and Border Protec- most important provisions of the Bill f tion to distribute duties collected on un- of Rights. I am not sure I am, in the CONTINUED DUMPING AND fairly traded imports to those U.S. busi- end, even comfortable with this con- nesses and their workers who have been in- cept of a sneak and peek search. I SUBSIDY OFFSET ACT jured by dumped and unfairly subsidized im- think it has been demonstrated it may Mr. SPECTER. Mr. President, I want ports. be needed in some cases, but why in the to take an additional moment or two, Over 700 companies in almost every State world can’t a judge have to renew that while I have the floor, to make a brief of the Nation, including many small- and argument in support of the motion medium-sized companies, have received dis- every 7 days? tributions under CDSOA, which benefits pro- It is not a matter of trivia to the peo- which is going to be offered by Senator cedures of lumber, crawfish, shrimp, honey, ple of my State that the Government DEWINE and Senator BYRD to instruct garlic, cement, mushrooms, steel, bearings, can come into their house without no- the budget conferees to drop the repeal raspberries, furniture, semiconductor chips tice under the fourth amendment. And of the Continued Dumping and Subsidy and a broad range of other industries across I reject the idea that it is a minor dif- Offset Act. the Nation hurt by continued unfair trade. ference between 7 and 30 days. This legislation was passed in the In Pennsylvania, companies in a variety of Mr. SPECTER. Mr. President, the year 2000 under a program which allows industries, including steels, cement, agri- the Bureau of Customs and Border Pro- culture, and food products have benefitted problem with the renewed argument by from these distributions by investing in re- the Senator from Wisconsin is not on 7 tection to distribute duties collected search and development, infrastructure im- days or 30 days, it is on 1 day. It is on on unfairly traded imports to those provements, and improvements to pension any sneak and peek. It is on any de- U.S. businesses and their workers who programs. In doing so, companies have been layed notification. Law enforcement have been injured by dumped or unable to continue operations and, in some sit- has that latitude because they need to fairly subsidized imports. uations, increased capacity. continue the investigation. If a disclo- Over 700 companies in almost every Overall, disbursements have totaled $1.261 sure is made, it will impede an inves- State of the Union, including many billion since its inception in 2000, $226 million in fiscal year 2005. Pennsylvania compa- tigation. A short period of time enables small- and medium-sized companies, nies, alone, have received over $111 million them to continue the investigation have received distributions under this in disbursements under CDSOA from fiscal without alerting the target. act, benefitting producers and workers year 2005 through fiscal year 2005 approxi- One day would be too long for the ar- in lumber, crawfish, shrimp, honey, mately $22 million annualy—approximately 9 gument which is made by the Senator garlic, cement, mushrooms, steel, bear- percent of the total distributions. from Wisconsin. We are conducting this ings, raspberries, furniture, semicon- Repealing or modifying this act would neg- debate as if we have a law enforcement ductor chips, and a broad range of atively impact U.S. workers and businesses, other industries across the Nation hurt leading to the loss of the U.S. jobs to foreign community in this country made up to- competition, which would cost thousands of tally of rogues who have no regard for by continued unfair trade. American workers their health insurance the rights of the individual. And when My State, Pennsylvania, has been a and pension benefits and contribute to the they get a delayed notice warrant, bear victim to a very substantial extent. further outsourcing of Americans jobs. in mind, my colleagues and the Sen- Companies in a variety of industries, This provision has had broad support in ator from Wisconsin, they have gotten including those that produce steel, ce- this body, where some 75 Senators have judicial review on this sneak-and-peek ment, agriculture, and food products, signed letters to the administration urging warrant. On this delayed notification have benefitted from the $1.261 billion retention of this vital provision in the face of an adverse WTOP decision allowing coun- warrant, they have gone to a judge and since this program was put into oper- tries to retaliate by imposing tariff sur- have gotten leeway on standards which ation. The World Trade Organization charges on U.S. products. are set forth and articulated in the PA- has objected to this provision, and it is Congress directed the administration to re- TRIOT Act. my hope that the administration will solve the WTO issued in ongoing trade nego- Mr. President, the Senate is not in fight the World Trade Organization’s tiations in the fiscal year 2004 and fiscal year order. conclusion. There have been instances 2005 ombinus appropriations bills, and the The PRESIDING OFFICER. The Sen- in the past where the World Trade Or- fiscal year 2006 CJS appropriations bill that ator is correct. ganization has said our practices vio- became law last month. That language requires the administration to hold negotia- The Senate will come to order. late their laws, and our executive tions to recognize the right of countries to Mr. SPECTER. Back to the substance branch has gone to fight them to make distribute duties collected from unfair trade of the argument: this period of time, a change. I think that is what they as they deem appropriate. the less, the closer to the Senate posi- should do here. I urge my colleagues to support the motion the better. But this is not some This compensates the companies and tion. random act of a rogue law enforcement the workers who have been victimized Mr. SPECTER. Mr. President, I ask officer. This is a delayed notice war- by these unfair trade practices. As a unanimous consent that a letter dated rant which has been obtained by going matter of basic and fundamental fair- November 4, 2005, and a letter which I to an impartial magistrate and by ness, this money ought to continue signed along with some 69 other Sen- showing cause and by showing reason going to that. ators, dated February 4, 2003, be print- to have this delayed notice. In the interest of brevity, I ask unan- ed in the RECORD. Mr. President, the Senator from New imous consent that the complete text There being no objection, the mate- Hampshire was on the floor earlier of my statement be printed in the rial was ordered to be printed in the today and has raised a number of argu- RECORD following my oral remarks. RECORD, as follows:

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.028 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13479 U.S. SENATE, from antidumping and countervailing duties; House budget reconciliation package Washington, DC, November 4, 2005. (2) promptly integrate the Administration’s imposes increased cost sharing on low- Hon. BILL FRIST, recent Report to Congress on the WTO Dis- income Medicaid beneficiaries and re- U.S. Senate, pute Settlement Process; and (3) consult duces health services by $6.5 billion Washington, DC. closely with the Congress on the particulars DEAR SENATOR FRIST, It is our under- of any approach taken in negotiations on over 5 years and by $30.1 billion over 10 standing that the House of Representatives this issue. years. will include the repeal of the Continued We look forward to consultations with For children, the impact of the House Dumping and Subsidy Offset Act (CDSOA) in your Administration on this important mat- bill would be devastating. Medicaid their budget reconciliation measure. We do ter and to obtaining a positive resolution covers more than 27 million children, not believe that the budget reconciliation that preserves the law for American compa- almost one in four in this country. process should be used to substantively nies and their workers. Medicaid also covers more than a third change U.S. trade law. Sincerely, of all the births and health care costs The goal of our trade laws is to ensure that Robert C. Byrd, Max Baucus, Mark Day- an even playing field is provided for Amer- ton, Tom Daschle, Jay Rockefeller, of newborns in the United States each ican and foreign producers of goods. As you John Breaux, Kent Conrad, John F. year. know, Congress passed CDSOA in response to Kerry, Jeff Bingaman, Mike DeWine, In spite of the importance of Med- concerns about the consistent, unfair trade Rick Santorum, Larry E. Craig, Trent icaid for children, the House budget practices in which some of our trading part- Lott, Jim Bunning, ——— ———, Olym- package increases cost sharing for all ners have been engaged. Under CDSOA, hun- pia Snowe, George V. Voinvich, Arlen children who rely on it for prescription dreds of companies, farmers, ranchers, and Specter, Dianne Feinstein, Dick Dur- drugs or for emergency room services. worker groups, from all across America, bin. have received distributions from duties col- The bill also allows States to impose Blanche L. Lincoln, John Edwards, Fritz premiums for the first time under Med- lected from our trading laws. Recipients in- Hollings, Joe Biden, Hillary Rodham clude large, medium and small companies, Clinton, Jon Corzine, Byron L. Dorgan, icaid for children’s coverage and to worker representatives and farmers in nearly ——— ———, Saxby Chambliss, Susan deny children coverage even if their every state in the country. Collins, Mike Enzi, Evan Bayh, Robert family cannot afford to pay the pre- Seventy-two senators have made their op- E. Bennett, Craig Thomas, Pete mium or other cost sharing. position to repealing CDSOA public. Should Domenici, Thad Cochran, Richard Shel- The House budget bill also allows legislation regarding budget reconciliation by, Russell D. Feingold, Ron Wyden. States to eliminate the early and peri- move towards conference, we would urge the Tom Harkin, Debbie Stabenow, Daniel Senate not to accede to any provisions that odic screening diagnosis and treatment Inouye, Frank R. Lautenberg, Mark benefit rules that are so critical to the may be included in the House bill that would Pryor, ——— ———, Zell Miller, Paul repeal CDSOA. Sarbanes, Mike Crapo, John Warner, health of children with special health Sincerely, Harry Reid, Jeff Sessions, Ben care needs and disabilities. Benefits Mike DeWine, John Warner, Elizabeth Nighthorse Campbell, Jack Reed, E. that could be lost include comprehen- Dole, Larry E. Craig, George V. Benjamin Nelson, Barbara A. Mikulski, sive developmental assessments, as- Voinovich, Arlen Specter, Johnny ——— ———, Ted Kennedy, Patrick sessment and treatment for elevated Isakson, ——— ———, Rick Santorum, Leahy, Jim Jeffords. blood lead levels, eyeglasses, dental Conrad Burns, Norm Coleman, Mel Herb Kohl, Joseph Lieberman, Chris Martinez, Saxby Chambliss. care, hearing aids, wheelchairs and Dodd, Tom Carper, Carl Levin, Barbara crutches, respiratory treatment, com- Richard Shelby, Olympia Snowe, George Boxer, Bill Nelson, Mary L. Landrieu, Allen, John Thune, Susan M. Collins, Daniel K. Akaka, Judd Gregg. prehensive mental health services, pre- Mike Crapo, Jim Bunning, David scription drugs and speech and therapy Vitter, John Cornyn, Thad Cochran, Mr. SPECTER. I thank the Chair and services. In short, three-fourths of the Trent Lott, Michael B. Enzi. thank my colleague from New Mexico, savings in the House bill come at the who has been waiting patiently, or at expense of low-income Medicaid bene- U.S. SENATE, least waiting, and yield the floor. Washington, DC, February 4, 2003. ficiaries. By CBO’s estimate, half of the The PRESIDING OFFICER. The Sen- beneficiaries affected by the increased Hon. GEORGE W. BUSH, ator from New Mexico is recognized. President of the United States, cost-sharing provisions in the House Washington, DC. f package are imposed on children, and DEAR MR. PRESIDENT: We write to express MEDICAID half of those who will lose Medicaid our strong interest regarding the approach benefits would be children. that may be taken by the U.S. Government Mr. BINGAMAN. Mr. President, I rise In CBO’s own words: in response to the WTO Appellate Body’s to speak briefly in support of the mo- We estimate that the number of affected January 16, 2003, ruling that the United tion that I understand is to be made by States violated its WTO obligations when it enrollees [due to increased cost-sharing re- the Senator from Montana, Mr. BAU- enacted the Continued Dumping and Subsidy quirements] would increase from 7 million in Offset Act (CDSOA) in 2000. In our view, the CUS, who is here on the floor, to in- 2010 to 11 million in 2015, and that about half WTO has acted beyond the scope of its man- struct conferees with respect to the of those enrollees would be children. date by finding violations where none exists Medicaid Program. CBO adds that, due to added pre- and where no obligations were negotiated. The motion to instruct conferees on miums, ‘‘about 70,000 enrollees would CDSOA is a payment program established the Medicaid Program highlights one lose coverage in fiscal year 2010 and by Congress to address policy objectives that of the many ways in which the House 110,000 would lose coverage in fiscal can enable our domestic producers to con- of Representatives budget reconcili- year 2015 because of the imposition of tinue to invest in their facilities and workers. Its continued operation is critical to pre- ation bill radically departs from the premiums.’’ serve jobs that will otherwise be lost as the Senate bill. Let me spend a very few Furthermore, CBO estimates that the result of illegal dumping or unfair subsidies minutes highlighting the differences flexibility in the House bill to reduce and to maintain the competitiveness of between the House and Senate pack- benefits will also heavily impact chil- American industry. ages on Medicaid, particularly with re- dren. CBO estimates that ‘‘benefit re- In its November 2002 statement to the Ap- gard to the health of children. ductions would affect an estimated 2.5 pellate Body defending this law, the Admin- The contrast between the two bills million Medicaid enrollees in 2010 and istration stated that, ‘‘[T]he Panel in this could not be more stark. The Senate case has created obligations that do not about 5 million enrollees by 2015— exist in the WTO Agreements cited. The er- bill arguably improves coverage of about 8 percent of the Medicaid popu- rors committed are serious and many about children through the inclusion of the lation—and that about one-half of a statute which, in the end, creates a pay- Family Opportunity Act that provides those receiving alternative [or reduced] ment program that is not challenged as a a State option to expand Medicaid cov- benefit packages would be children.’’ subsidy.’’ We concur with this statement and erage to children with disabilities and Without the Medicaid Program, the consequently believe that America’s trading through inclusion of outreach and en- number of children without health in- partners must be pressed into negotiations rollment funding based on legislation surance, which was 8.3 million in 2004, on CDSOA prior to any attempt to change that Senator FRIST and I introduced would be substantially higher. In fact, our laws. Specifically, we urge you to: (1) seek ex- earlier this year. the number of uninsured children has press recognition of the existing right of In sharp contrast, however, according dropped by over 300,000 over the past 4 WTO Members to distribute monies collected to the Congressional Budget Office, the years due in large part to Medicaid and

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.071 S13DEPT1 S13480 CONGRESSIONAL RECORD — SENATE December 13, 2005 the SCHIP Program. We should not at people. The CBO estimates that about egon saw its enrollment drop by nearly this time be taking steps backward by 17 million Medicaid enrollees will pay one-half in 10 months. Nearly 50,000 in- reducing coverage for low-income and more under the House bill, and half of dividuals lost coverage. vulnerable populations that primarily those paying more will be children. This increased cost sharing amounts include the children I have been refer- Who will these cuts affect? Medicaid to a tax on poor families now in Med- ring to. now serves more than 50 million low- icaid. For a family of three with in- I urge that colleagues support the income Americans. A quarter are chil- come at 135 percent of poverty, annual Baucus motion to instruct conferees on dren. A quarter are seniors and dis- cost sharing would be as high as $1,086 Medicaid. We are coming into the holi- abled. The rest are pregnant women, per year or, stated another way, about day season. This is not a time when we, low-income parents, and individuals 60 percent of their annual Federal tax the wealthiest Nation in the world, with serious medical needs. liability. should be cutting health care assist- Many believe that all low-income Let me say that again. For a family ance to the low-income children of this Americans are eligible for Medicaid. of three, with income at 135 percent of country. I did not support the Senate That is not the case. Often only the poverty, annual cost-sharing could be budget reconciliation bill for a variety very poor qualify. On average, a non- as high as over $1,000, which amounts of reasons, but even with the imperfec- working parent making about $150 per to less than 60 percent of their annual tions that were in that bill, it was far week for a family of three makes too Federal tax liability. In effect, it is a superior to the House budget package. much for Medicaid. Again, a non- tax—a big tax, about 60 percent of their For one thing, it does not contain the working parent of a family of three Federal tax. Add them together and it type of cuts for children’s health that making about $150 a week makes too is about 160 percent of tax they are are included in the House bill. much for Medicaid. That is less than paying. I urge my colleagues to recognize one-half the Federal poverty level. Many of these poor individuals would how much better the Senate bill is for Eligibility levels for working parents also be forced to pay more to get less. the health and well-being of our Na- are also low. On average, a working How? Because the House allows States tion’s children. I urge my colleagues to parent with a family of three earning to cut Medicaid benefits. vote to instruct conferees to support more than $5.50 an hour also makes too The Congressional Budget Office esti- the Senate’s approach over that of the much to qualify for Medicaid. So we mates that 5 million enrollees would House of Representatives. are talking about the very poor. see their benefits cut over the next 10 I yield the floor. Under the House bill, these needy in- years. Half of those affected would be The PRESIDING OFFICER. The Sen- dividuals will pay more for less. CBO children. Higher income children would ator from Montana. estimates that about 80 percent of the no longer have guaranteed access to f savings from increasing cost sharing medically necessary care under Med- would come from decreased use of icaid. BUDGET RECONCILIATION health care services. Some may say It is also unclear whether individuals Mr. BAUCUS. Mr. President, at the that increasing cost sharing will curb with disabilities and chronic conditions appropriate time I will be sending a waste, abuse. I am not saying we can- would be protected. This could under- motion to instruct to the desk. I will not or should not look at reducing un- mine access to more expensive treat- be doing that at a later time. In the necessary treatments under Medicaid. ments and services for those individ- meantime, I rise to speak on that mo- Far from it. But increasing cost shar- uals who turn to Medicaid because the tion. ing is not the right way to do it. private market will not cover them. The motion instructs the Senate con- Increasing costs deters patients from Shifting costs and cutting benefits ferees on the spending reconciliation seeking health care services, both good for our poorest and least able to pay is bill not to bring back a conference re- and bad services. If we really want to not the smart way to preserve our Na- port that hurts Medicaid beneficiaries. control overuse of services, we should tion’s safety net for future generations. This is the item about which the Sen- be investing in care management strat- In the Finance Committee, many of ator from New Mexico just spoke. egies for expensive chronic diseases my colleagues on the other side of the Last month, the House passed such a such as diabetes. These strategies have aisle chose to support the Senate bill bill, one that would hurt Medicaid proven to lower cost while increasing because it didn’t include changes that beneficiaries. The House passed a bill the quality of care. would hurt Medicaid beneficiaries. My that would cut health care for millions Increasing enrollee cost sharing can friend and colleague, Finance Chair- of seniors and lower income Americans also have unintended systemwide ef- man GRASSLEY, praised the bill, saying who depend on Medicaid. fects. Many States have already said it ‘‘protects Medicaid benefits for the I believe the Senate should reject they will deduct the new copayment most vulnerable in our society.’’ these harmful cuts. In early November, fees from provider rates regardless of The Senator from Oregon, Mr. SMITH, the Senate voted by a thin margin to whether providers collect the fees. The said that ‘‘the reconciliation package cut Medicaid, our Nation’s safety net result puts the new burden on doctors we are considering today is not only health program for low-income Ameri- and clinics and hospitals serving our fiscally responsible, but also morally cans. Many of us at that time objected health safety net. Many of these pro- defensible. This is a bill that protects to those cuts. That day, the Senate bill viders will be forced to make up un- the less fortunate among us. It takes planted a seed of opportunity to make compensated care costs by increasing pains to preserve the vital safety net even more harmful cuts, hurting mil- private market rates, which will drive programs that millions of Americans lions of low-income children, seniors, up health care costs for all of us, lead- rely on.’’ pregnant women, and individuals with ing to more uninsured and an even And the junior Senator from Penn- disabilities. Just 2 weeks ago, the Sen- greater need for Medicaid. sylvania said during the committee ate reconciliation bill bore bitter fruit. Even more troubling, the House bill’s markup: Why? Because the Medicaid cuts in the premium increases will result in tens Let us set the record straight. We are not House bill turned out to be substantial of thousands of individuals losing Med- cutting health care services to the bene- and, in fact, will hurt millions of the icaid coverage. According to CBO, ficiary. poorest and neediest among us. about a quarter of the savings from the So today I will offer this motion to According to the Congressional Budg- premium increases are for individuals set the record straight on Medicaid et Office, most of the Medicaid savings losing coverage. We don’t need to rely cuts. This motion instructs Senate in the House bill come from targeting on CBO to know that this will actually conferees on the reconciliation bill to our poorest citizens. CBO says three- happen. Why? Because in the State of reject changes to Medicaid that would quarters of the House bill’s Medicaid Oregon, this was tried, and the results hurt Medicaid beneficiaries or under- savings come from provisions that in- were quite clear and disturbing. That mine Medicaid’s guarantee. Given the crease costs, cut benefits, or impair ac- State began to enforce nominal month- threat of the cuts passed in the House, cess to services for low-income individ- ly premiums for higher income Med- the Senate must take a stand in sup- uals. These cuts will affect millions of icaid beneficiaries. What happened? Or- port of the neediest among us.

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.032 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13481 Let us ensure that we keep the an emergency basis through an appro- gress—regrettably, very few people record straight on Medicaid. Let us en- priations bill. Those opportunities have from the other side of the aisle sup- sure that we do no harm to the vulner- passed. Budget reconciliation is the ported it—and one of the directions able individuals whom Medicare serves. last train that is leaving the station. was, for the first time in 8 years, to at- Let us pass this motion. That is why I come to the floor and tempt to bring under control the rate Mr. President, at the appropriate will offer, at the appropriate time, a of growth of entitlement spending. time I will make the motion. motion to instruct budget conferees to Anybody who looks reasonably at the I yield the floor. insist on a level of funding for LIHEAP Federal Government—and let’s take an The PRESIDING OFFICER. The Sen- that is sufficient to fully fund the pro- independent view here and the view ator from Rhode Island is recognized. gram at its fully authorized level. specifically of Chairman Greenspan, Mr. REED. Mr. President, I, too, at The heat-or-eat dilemma is not just who recently gave a speech in London the appropriate moment will offer a rhetoric. The RAND Corporation con- where he pointed out that the biggest motion to instruct the conferees. I will ducted a study and found that low-in- concern he has from the standpoint of offer the motion in conjunction with come households reduced food expendi- fiscal policy was the burgeoning costs Senators COLLINS, KENNEDY, SNOWE, tures by roughly the same amount as of the Federal Government which were LIEBERMAN, LEAHY, BINGAMAN, COLE- increases in fuel expenditures. In some being driven by entitlement spending, MAN, SALAZAR, STABENOW, CLINTON, respects, this is a tidal wave not of ris- and which would explode as the baby LUGAR, HARKIN, LEVIN, SMITH, and ing water, like Katrina, but of rising boom generation began to retire in 2008 PRYOR. and become an untenable burden for This motion to instruct conferees is energy prices. We have all had the opportunity to the children of the baby boom genera- about LIHEAP, the Low Income Heat- visit our constituents and get a first- tion and their children as they have to ing Assistance Program. Each of us, at hand glimpse of the struggle they are this point, is very familiar with the pay the taxes or costs of supporting struggle that is taking place today. If faced with. A few weeks ago, I visited that retired generation which is so you were in New England over the with Mr. Aram Ohanian, an 88-year-old large. This bill, in what I consider to be the weekend, as I was, or in many other veteran of the U.S. Army in World War first act of fiscal responsibility of sig- parts of the country, you understand II, living on a $779-a-month Social Se- nificance in the last 8 years, moved leg- that temperatures have fallen and curity check. Money is so tight that he islation that said the Congress, for the many families are having to perform a sometimes has to eat with his children juggling act with their budgets in order or go to a local soup kitchen. He also first time in 8 years, will address the to heat their homes. gets assistance from our Rhode Island issue of entitlements. According to EIA’s most recent food bank. These heating price in- Now, the savings being projected in short-term energy outlook, released creases to Mr. Ohanian will be very dif- the bill were not that dramatic and last week, energy costs for the average ficult. He received LIHEAP assistance they continue to be not that dramatic. family using heating oil are estimated last year, but that assistance will be They are large numbers, obviously, but to hit $1,454 this winter, an increase of relatively less this year because of ris- in the context of the total spending on $255. That is a 21-percent increase over ing prices and greater demand. entitlements, they are not that large. last year’s heating season. Natural gas Last month, the Social Security Ad- For example, the savings that are prices could hit $1,024 for an average ministration announced that cost-of- being projected in the area of Medicaid family using natural gas. That would living adjustments for 2006, on average, are about $10 billion over 5 years. But be an increase of $282 or a 38-percent are about $65. That $65 increase to Mr. what you have to understand—and that increase. For a family using propane, Ohanian is not going to take up the is a big number—is over that period, prices are projected to hit $1,269, an in- slack in terms of these tremendous in- Medicaid will be spending approxi- crease of $167 from last heating season, creases in fuel prices. mately $1.4 trillion—trillion dollars. So and that is a 15-percent increase. The motion to instruct conferees we are actually asking for less than a Despite these sharp increases in fuel that we will submit at the appropriate one-tenth of 1 percent reduction in the costs, we sadly continue to fund moment calls for LIHEAP to be funded rate of growth in Medicaid, and Med- LIHEAP—the one program that can at the fully authorized level. Under the icaid during that period will grow at 40 provide sufficient help to these fami- best-case scenario, if we fully fund percent—a 40-percent growth rate over lies—at the same level as last year, LIHEAP, there would still be a signifi- those 5 years, down from 41 percent, as- which in reality means an actual cut in cant number of Americans who qualify suming we make the $10 billion reduc- the level of assistance we can provide for the program but will not get any tion over the 10 years in the rate of low-income consumers this winter’s help. LIHEAP would still only serve growth. heating season. about one-seventh of 35 million house- The total deficit reduction bill was to The responsible thing for Congress to holds that are poor enough to qualify be somewhere in the range of $35 bil- do is to fully fund LIHEAP at the full for assistance. But at least we are tak- lion to $50 billion, depending on which $5.1 billion authorized in the Energy ing a step by fully funding this impor- bill was taken from which House. It Policy Act enacted earlier this year. tant program. left the Senate at $39 billion and left Indeed, we have tried to do that on nu- I urge my colleagues to support this the House of Representatives at about merous occasions. Today marks the motion when it comes to the floor for $50 billion, $51 billion, something like fifth time in the last 2 months that a vote. that; I am not sure. In any event, it is Senator COLLINS and I, along with I yield back the remainder of my going to fall somewhere between those some 30 other colleagues, have made an time. two numbers. attempt to fully fund LIHEAP. We of- The PRESIDING OFFICER. The Sen- We as a Congress hopefully can pass fered amendments to the Defense bill, ator from New Hampshire is recog- legislation that accomplishes that goal the Transportation-Treasury-HUD bill, nized. which starts to reduce the rate of Labor-HHS bill and, most recently, the Mr. GREGG. I ask for the regular growth of entitlements and reduces the tax reconciliation bill. On each occa- order, Mr. President. debt of the Government to at least $40 sion, we reach across the aisle and The PRESIDING OFFICER. The Sen- billion—hopefully more than that, $45 across the country to provide more as- ate is in morning business with 10 min- billion, $46 billion over the next 5 sistance for the LIHEAP program. utes for Senators. years. This is the responsible thing to While we did not reach the 60-vote mar- Mr. GREGG. Mr. President, we are do, and it will be the first act of signifi- gin needed to pass these amendments trying, as the Senate and as a Con- cant fiscal responsibility in which we under the budget rules, in each in- gress, to wrap up the business for the have participated in a while around stance, a majority of this body was on Government this year. A major part of here as we continue to pass in the enti- record supporting full funding for that effort is to complete the budget tlement area—there has been signifi- LIHEAP. process. Included in the budget were cant fiscal responsibility in the non- My preference, of course, was to pro- two directions to the Congress, which defense discretionary area executed by vide funding to fully fund LIHEAP on were voted in by a majority of the Con- the Appropriations Committee under,

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.033 S13DEPT1 S13482 CONGRESSIONAL RECORD — SENATE December 13, 2005 again, the budget which essentially people protected from the increase in the support they need, but also it froze nondefense discretionary spend- oil costs. It was paid for. That amend- should be paid for by the generation ing and put in place what is known as ment was offered by myself. It was paid that is going to benefit from it or at caps so we can enforce them. for with an across-the-board cut in the least the Government that is taking Ironically, none of these proposals Labor-HHS bill. It would have fully advantage of it. It should not be passed for fiscal responsibility put in place funded the LIHEAP account at a level on to the next generation as a bill to have received any significant support which would have held harmless every- our kids because our kids are also prob- from the other side of the aisle. When body who receives LIHEAP money, ably going to have cold winters, and the budget passed this Congress, I don’t low-income energy assistance, because they sure are going to have tough en- think any Members from the other side we all realize the Low-Income Home ergy issues because we haven’t solved of the aisle voted for it. When the rec- Energy Assistance Program is a crit- any of those issues around here. We onciliation bill passed this Congress, ical program and there is going to be passed an energy bill that was filled two Members from the other side of the significant stress, especially in the with a lot of vertical subsidies but aisle—I appreciate it very much—the Northern States, as a result of the in- didn’t have a whole lot of good energy Senator from Louisiana and the Sen- creased costs of the price of oil. And policy in it; a little bit, a little bit of ator from Nebraska voted for it, but yet this was opposed. good energy policy and a lot of bad pol- other than that, no one else on the When this opportunity came along, it icy which was basically driven by in- other side of the aisle voted for fiscal was opposed for political reasons, if terest groups around here, but it sure responsibility or an attempt to reduce nothing else, I suspect, because they didn’t do anything to make us more the rate of growth of the Government. wanted to make a claim that they were long-term solvent in the area of en- So this has become a lifting exercise in going to fund LIHEAP at a level that ergy. which, for all practical purposes, Re- was significantly higher than what One item that might address that is publican Members of the Congress ap- CBO and what the Energy Department the issue of producing more energy for pear to be ready to participate. and what everyone else said was need- our country, and that, of course, is a Yet today we are hearing from the ed, including the Health and Human big issue in this bill, and we will get other side of the aisle that they want Services Department, to hold the pro- into that in a later discussion. to instruct the conferees of a bill, gram harmless, to keep the people The point here is we are being asked against which they voted—they voted funded who needed to be funded. to vote for the reconciliation bill when against the budget, which was the un- That increase, which was required, it comes out of conference. We are derlying bill—instruct the conferees was a $1.2 billion increase. You don’t being asked to instruct the conferees how the conference should occur. I find have to listen to me to believe that. to add another $2.9 billion of debt onto that to be a touch inconsistent—to be Take a look at the letter the Senator our children’s backs rather than doing kind, a touch inconsistent, a big touch from Rhode Island sent out asking that an appropriate action which is what I inconsistent, to be honest. Here they the funding in LIHEAP be increased—it suspect the conference will do, which is are, folks who have not voted for any was signed by I think 44 Members of increase the money in the Low-Income fiscal restraint and, in fact, as we the Senate—be at a level that held Home Energy Assistance Program by moved through the appropriations harmless the system so people who re- $1.2 billion, or something in that range, process have suggested that we add $500 ceive money under LIHEAP would get and have it paid for within the context billion of new spending to the Federal the money they needed. What was the of the entire deficit reduction bill, Government under the appropriations number in that letter? The number was which is the fiscally responsible way to process, which is not, by the way, im- $1.2 billion. But suddenly, in order to approach this issue. pacted under this deficit reduction bill promote an agenda which had nothing This will make a good press release, because this is entitlement activity, to do with making sure the people were and it will obviously make a good po- the two accounts being separate, ap- held harmless but had a lot to do with litical ad, but I hope there will be a fol- propriations being one-time annual ex- maybe headlines, we find the number lowup statement and maybe even a fol- penditures of the Government, entitle- being asked for is another $1.5 billion lowup political ad, maybe paid for by ments being programs which people on top of that. It is not paid for, not our kids or grandkids which says: Hey, have a right to and, therefore, they can offset. Just run up the debt and put why are you doing this to us? Why do go out and receive funding. They may money into an account far in excess of you not take responsibility for your be veterans, they may be low-income what that account needs to do the job generations? Why are you giving us a individuals, they may be students— right. bill for oil and heat for this year when they have a right to receive funding. It In fact, as a result of the warm sea- we may have the same bills to deal goes on independent of annual legisla- son in November in many of the North- with when we retire or when our chil- tion. ern States and the result of the soft- dren have to take care of us in retire- As I said, the other side of the aisle ening, to some degree, of oil prices, es- ment 10, 15 years from now? not only has not supported the efforts pecially home heating oil prices, the Let us do this the right way. Let us of fiscal responsibility by voting for ei- number has now dropped. It is down make this system solvent, not only sol- ther the budget or the vast majority, below $1.2 billion, according to the esti- vent but make the system—put in the with the two exceptions I mentioned, mates I have been seeing, to hold the system the funds that are necessary to not voting for a deficit reduction bill, system harmless. I am still willing to make sure that people who need the but now come forward with a series of go to the $1.2 billion level and have it low-income energy assistance can get what are going to be instructions to paid for. That is the way it should be it under the higher oil prices, and then the conferees as to how the conferees done. You have to set priorities. You let us pay for it. Set a priority and say should act after they voted against live in a household, and this is all there are some things we can afford, passing the bill and moving forward about households trying to make ends some things we cannot afford, and in with the legislation. Chutzpah is an un- meet. They set priorities. the Federal Government let us make derstatement for that type of ap- One of the priorities should be that the decisions to reduce the things we proach. the Federal Government should not cannot afford and pay for the things we Let’s just take one or two examples pass the bills in an energy program need, which specifically would be this and discuss them for a second. For ex- today which pays for oil that is pur- proposal for low-income energy assist- ample, the Senator from Rhode Island chased today and given out today on to ance at $1.2 billion. But that is not the was talking about LIHEAP. There is our children and our grandchildren to politics of this institution. significant irony in the position of the pay through debt. We should pay for it So I do hope we will pass a reconcili- Senator from Rhode Island—significant ourselves. We should be willing as a ation bill, otherwise known as a deficit irony. To begin with, he voted against Congress to step up and say: Yes, this reduction bill, and I do hope it will step the one proposal that we could have is an important program; yes, it should forward and reduce the debt by some- passed—which was funded—which be funded at a level that holds every- where around $45 billion or $46 billion, would have funded LIHEAP to keep body harmless and makes sure they get maybe more, and that in that process

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.035 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13483 we will address the low-income energy in a nearby mill. The mill was so dusty mesothelioma at a rate 100 times the assistance program and make sure that that workers often could not see their national average. it is funded at a level that is necessary hands on their brooms. Dust was every- Because of the W.R. Grace mine and in order to make sure people are held where. Mill workers swept dust out- the mill, hundreds of people in Libby harmless, and low-income individuals side. They dumped it down the moun- died from asbestos-related diseases. who need energy can afford it to heat tainside. I remember seeing employees And hundreds of current and former their homes and do not have to make come out of the mine off the bus so area residents are now ill. difficult choices. But we should all do caked with dust I wondered what in the The people in Libby will be plagued it within the context of prioritizing the world is going on here. I never knew by asbestos for years to come. These responsibilities of the Federal Govern- any working conditions to be so dusty. diseases can take 40 years to appear. ment today and not pass our respon- The mill’s ventilation stack spewed Hundreds more will fall victim to these sibilities today on to our children and the dust into the air. The ventilation diseases in the future. our children’s children tomorrow by stack released 5,000 pounds of asbestos Now, the people of Libby must watch deficit-financing this event. every day. When the wind blew from their neighbors struggle to tend their So we are going to get these instruc- the east, a deadly white dust would gardens. They must watch their neigh- tions. I guess there has been some cover the town. bors struggle to walk to the cafe´. They unanimous consent agreement worked For decades, 24 hours a day, the dust must watch their neighbors struggle to out. There are going to be about seven fell all over Libby. Dust fell on Libby’s provide a future for their children. And proposals, instructions to conferees. I gardens. Dust fell on Libby’s homes. they must wonder if they, too, will fall just hope that as we go through these Dust fell on Libby’s high school track. ill. instructions people will have the intel- Dust fell on Libby’s playgrounds. Hundreds of people live in discom- lectual integrity to ask the question, if Some of the vermiculite went down- fort. Hundreds of people live in pain. they did not vote for the bill, if they town to a plant, right next to the base- ‘‘It took my mother 17 months to slow- did not vote for the budget which was ball diamonds. The plant popped the ly suffocate,’’ said Gayla Benefield. trying to control spending, and they vermiculite into Zonolite. Batches of After Gayla’s mother died in 1996, did not vote for the deficit reduction Zonolite spilled all around the plant. Gayla and her sister sued W.R. Grace. bill which is trying to control spend- Kids played in the Zonolite. People They brought only the second such ing, why are they coming to the floor brought home bags of Zonolite to pour lawsuit to be decided by a jury in and suddenly telling the conferees how into the attics. People put Zonolite in Libby. W.R. Grace had quietly settled they should go about hitting their tar- their walls. People put Zonolite in dozens of other claims with agreements gets which are part of the bill, which their gardens. People put vermiculite of secrecy. they did not vote for, and they do not and ore in road beds. People used In 1999, the Environmental Protec- support? Maybe we will hear somebody vermiculite and ore as aggregate in tion Agency started to investigate. The preface their request for instructions their driveways. EPA found tremolite contamination in with an explanation of that point. An article in the journal Environ- the air around the nursery. They found I yield the floor. mental Health Perspectives would later it near the ball fields. They found it in- The PRESIDING OFFICER. The Sen- conclude: side homes. The EPA started cleaning up. The en- ator from Montana. Given the ubiquitous nature of vermiculite tire community of Libby was des- f contamination in Libby, along with histor- ical evidence of elevated asbestos concentra- ignated a Superfund site. Libby was ASBESTOS tions in the air, it would be difficult to find listed on the EPA’s National Priorities Mr. BAUCUS. Mr. President, Libby, participants who could be characterized as List. MT, is a special place. Libby is a city unexposed. The EPA concluded: of more than 2,600 people in Lincoln Every day, men from the valley went The occurrence of non-occupational asbes- County, in the northwest corner of to the mountain to work in the mine tos-related disease that has been observed and the mill. Every day, these men among Libby residents is extremely unusual, Montana. It rests in a valley high in and has not been associated with asbestos the Rocky Mountains, on the green came home, covered with the fine, mines elsewhere, suggesting either very high Kootenai River between the Cabinet deadly white powder. and prolonged environmental exposures and/ and Percell Mountains. The powder got into their clothes. or increased toxicity of this form of Libby is not a rich city. In 2000, the The powder got into their curtains. amphibole asbestos. median family income in Libby was The powder covered their floors. The EPA has worked hard. The EPA just under $30,000. That compares with The fine fibers of tremolite asbestos has shown a good response and solid just over $40,000 in all of Montana, and are easy to inhale. Miners inhaled fi- clean-up work. And the EPA is com- just over $50,000 in all of America. bers in the mine. Workers inhaled fi- mitted to finishing the job. I commend Across the river, and 9 miles north- bers at the mill. Wives inhaled fibers them. I made many visits to Libby— east of the town, rises a mountain that when they washed their husband’s many, many times. I talked with EPA they call Zonolite Mountain. Until clothes. Children inhaled fibers when officials over the years, and I think 1990, the W.R. Grace Company used to they played on the carpet. they have done a pretty good job. mine vermiculite there in the moun- And those fibers caused respiratory The EPA has identified more than a tain. disease. Those fibers caused a serious thousand properties in Libby that still Vermiculite is shiny mineral. Heat lung disease called asbestosis. And need cleaning up. it, and it pops like popcorn. People those fibers caused a serious form of The agency has pushed back the used to pop vermiculite to make build- cancer, mesothelioma, which plagues timeframe for cleaning up the town ing insulation. They called the popped the chest and abdominal cavities. from 2004 to 2008. After having been in vermiculite ‘‘Zonolite.’’ Tremolite asbestos causes unique dis- Libby for 3 years, the agency had com- The layers of rock where people eases. These diseases are highly pro- pleted only 10 percent of the cleanup found the vermiculite contained harm- gressive and deceptive. These diseases work needed to give the town a clean ful asbestos. And the vermiculite out- often result in severe impairment or bill of health. The EPA must keep side Libby is laced with a especially death, without the typical warning Libby a priority. dangerous type of asbestos, called markers that show up on x-rays. With- In 1999, I was the first high-ranking tremolite. out the usual medical signals, the peo- elected official to visit Libby. Since Tremolite is the most toxic form of ple of Libby often went undiagnosed. the winter of 1999, I have gone to Libby asbestos. Termolite has long fibers The Agency for Toxic Substances and 16 times. I have worked heard to get that are barbed like fishhooks. These Disease Registry found that people funds to help with cleanup, health care, fibers work their way into soft lung from Libby suffer from asbestos-re- and economic development. tissue. These fibers do not come out. lated disease at a rate 40-to-60 times I have looked into the eyes of people Until the mid-1970s, W.R. Grace proc- the national average. People from in Libby. I have seen mothers and fa- essed the vermiculite mined in Libby Libby suffer from the asbestos cancer thers, sister and brothers, husbands

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.037 S13DEPT1 S13484 CONGRESSIONAL RECORD — SENATE December 13, 2005 and wives. I have listened to their trou- that it has faced. But they need our of Bahrain. That country is a very bling stories. help. They deserve our help. strong ally of the United States in that In Libby, I heard many concerns of The people in Libby are working hard region. residents who cannot afford their to revitalize their economy and their This trade agreement is a clear win health care. People are sick. Many are community. They are rightly proud of for our economy. It will create jobs. getting sicker. They are dying up their resilience and their ability to Upon entry into force of this agree- there. Health care is one of the most land on their feet. They deserve all the ment, Bahrain will immediately elimi- pressing needs facing Libby. help that we can give them to make nate 100 percent of its duties on im- In 2000, I helped to establish the Cen- their town whole again. ports of U.S. consumer and industrial ter for Asbestos Related Diseases, or I urge my colleagues to support the products. CARD. The CARD clinic has done a tre- Libby provisions in the asbestos bill. U.S. farmers will also benefit. On day mendous job providing health care and Help us to right this terrible wrong. one of the agreement, Bahrain will screening for Libby residents. CARD Help these hundreds of suffering people grant duty-free access on 98 percent of needs additional Federal dollars to pro- to get health care and help save the life its tariff lines that apply to U.S. agri- vide more and better care. of this town. cultural as well as food products. Du- The healthcare costs of treating as- Mr. President, I yield the floor and ties with respect to that small remain- bestos-related disease can be dev- suggest the absence of a quorum. ing 2 percent will be phased out over a astating. Simple, routine procedures to The PRESIDING OFFICER (Mr. AL- period of 10 years. help a person breathe more easily can EXANDER). The clerk will call the roll. This is solid market access for U.S. cost more than $30,000. Those costs con- The bill clerk proceeded to call the farmers and U.S. manufacturers. tinue to add up. They are crippling a roll. U.S. service providers will also gain community that is struggling to get Mr. GRASSLEY. Mr. President, I ask from this agreement. back on its feet. unanimous consent that the order for Bahrain will provide substantial mar- The people of Libby face a health the quorum call be dispensed with. ket access across its entire service re- care crisis. This crisis was caused by The PRESIDING OFFICER. Without gime. The service provisions of the alarming rates of tremolite asbestos- objection, it is so ordered. agreement are based upon a ‘‘negative related disease. Treating the sick peo- Mr. GRASSLEY. Mr. President, I do list’’ approach, which means that all ple in Libby will cost hundreds of mil- want to, as I have the privilege of so service sectors are covered. In other lions of dollars. It was caused by no often doing, express my thanks to my words, there will be trade in all service fault of their own, but, I might add, by Democratic colleague, the ranking sectors unless they are specifically ex- a company that knew it was damaging member of the Senate Finance Com- cluded as a result of the list. and killing the people in that commu- mittee, for his cooperation particularly Bahrain is already a major center for nity. on this United States-Bahrain Free service providers in the Middle East, Libby is working to overcome years Trade Agreement that we were able to and the government recognizes that its of asbestos exposure from the W.R. unanimously report out of our com- service sector can become even strong- Grace mine. They have been through mittee. The reason I want to emphasize er through economic liberalization. Be- enough. They did not ask for this lot. ‘‘unanimous’’ isn’t just to be com- cause of this agreement, as the region Affording quality health care remains plimentary to Senator BAUCUS but also develops, there is going to be very en- one of the biggest hurdles for the town to the people of this country who think hanced opportunities for U.S. export- to move forward. that everything done in this Congress ers. That is why I fought to make sure is always so partisan, that Republicans While it is important to note how the that asbestos bills working through the and Democrats never get along, that United States-Bahrain Free Trade Senate addressed the needs of the peo- we never talk to each other, that we Agreement will benefit the economy of ple of Libby. When, in May of this year, never agree on anything. I can see why the United States in the aggregate, it the Judiciary Committee voted to re- they have that impression because that is even more important to point out port S. 852, the Fairness in Asbestos In- is the impression the news media of how it will benefit individual U.S. com- jury Resolution Act, the committee in- America gives about the Congress of panies and their workers. cluded appropriate language. the United States. But as practical For me, I didn’t have to look very far The good people of Libby need our matter, nothing gets done in the Sen- to find Iowa workers and Iowa compa- help. They are dying up there. They ate that isn’t somewhat bipartisan, and nies that benefit from this agreement. cannot afford health care. I am dedi- particularly there is quite a tradition For example, the HNI Corporation— cated to getting them the healthcare of bipartisanship in our Senate Com- it used to be referred to as the HON treatment that they need and deserve. mittee on Finance. Corporation—the Fortune 500 company I made a commitment to the people of This recent bill that is before us, the in my State, this company in Libby and I intend to work together United States-Bahrain Free Trade Muscatine, IA, looks forward to the im- with my colleagues to see that com- Agreement, is the latest representation plementation of this trade agreement. mitment honored. of that bipartisan cooperation. HNI is the second largest manufacturer Asbestos disease has devastated I thank Senator BAUCUS very much. of office furniture in North America. It many communities across the country I give strong support to the bill S. is specifically targeting the Bahraini But tremolite asbestos hit Libby hard- 2027; that is, the United States-Bahrain market for increased sales. So HNI em- est of all. Libby is unique. The type of Free Trade Agreement Implementation ployees in Iowa as well as other States asbestos at Libby is unique. The dura- Act. will benefit from Senate passage of the tion of exposure at Libby is unique. This legislation is not only good for agreement. The manner in which asbestos disease our U.S. economy, but it is also going Workers at the Lennox residential manifests itself in Libby is unique. And to promote free trade, which is an eco- heating and cooling products factory in the community-wide exposure in Libby nomic issue as it creates jobs, but it Marshalltown, IA, also stand to gain was unique. That is why the tailored also promotes democracy, and it pro- from the agreement. Lennox has a solution that the Judiciary Committee motes economic stability. strong interest in increasing its sales has proposed makes sense. In regard to economic stability, the in Bahrain. Like HNI, Lennox has a I want my colleagues to know that I reason I emphasize that is because the presence in many States, so its em- will fight to defend the Libby provi- Middle East is seen as an area of the ployees not only in Iowa but through- sions in the asbestos bill. Libby is ex- world that is not very stable. I think out the country will benefit from the tremely important to me. If the Con- that enhancing trade with those coun- implementation of this agreement. gress takes out the Libby provisions tries, large or small, is going to bring Smaller businesses throughout the from the bill, they will lose my vote. great economic stability which in turn United States also stand to benefit People in Libby are dying from ought to bring some political stability. from this trade agreement. One such tremolite asbestos exposure. The town On top of all this, it is going to ce- company is Midamar Corporation lo- has risen mightily to the challenges ment our ties with this small kingdom cated in Cedar Rapids. The Midamar

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.019 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13485 Corporation supplies halal food and and to enhance prospects for their chil- This is the first FTA to come before food service equipment to restaurants, dren’s future throughout the Middle us since the very contentious Central hotels, and distributors throughout the East. American Free Trade agreement. world. This company was started in Finally, I urge my colleagues to sup- The overwhelming support I expect 1972 by Cedar Rapids native Bill port this bill before the Senate imple- the Bahrain agreement to secure is a Aossey. When Bill returned to Iowa menting the United States-Bahrain testament to what can be achieved after serving in the Peace Corps and Free Trade Agreement. when the administration and the Con- traveling throughout the Middle East, Mr. BAUCUS. Mr. President, today gress work together to address con- he came up with the idea of starting a we begin debate on the free trade cerns. company dedicated to exporting Iowa agreement between the United States The Bahrain FTA shows that when products. Now, 33 years later, Bill has a and Bahrain. This is an agreement that the administration keeps an open dia- lot to show for this hard work. He em- strengthens our ties with a stalwart logue with Congress, we can find com- ploys 30 Iowans and the Midamar Cor- ally in a troubled part of the world. It mon ground and achieve our common poration is very much a clear success. is an agreement with a leading re- goals. I hope that we can continue to I visited the Midamar facility last former in the Middle East, and with build upon the success of this FTA in August and I can report Bill Aossey the most open economy in the Arab helping to heal the wounds of previous and his employees are very enthusi- world. And it is an agreement worthy battles. astic about this prospect of a trade of our support. I think we have before us a model for agreement with Bahrain being imple- On the first day of enactment of the open dialogue, and for congressional mented so they can even do more busi- U.S.-Bahrain Free Trade Agreement, support for trade liberalization. ness in the Middle East. 100 percent of trade in manufactured I hope that we can take this model Aside from the immediate benefits to goods will be duty free, opening up and apply it to much larger trading United States exporters to Bahrain, markets for U.S. exports of motor vehi- partners and even bolder agreements. this agreement’s impact will extend be- cles and parts, medical equipment, re- Agreements that will open bigger mar- yond Bahrain. The United States is frigeration equipment, et cetera. Agri- kets, realize greater opportunities, and promoting trade liberalization and eco- cultural exports are also expected to make our industries even more com- nomic growth in other countries in the rise, and I hope Montana beef is among petitive. Middle East and this agreement will them. Mr. President, I am pleased to sup- serve as the template for other trade port the U.S.-Bahrain free trade agree- The services chapter is the most ro- agreements being negotiated in the re- ment. I urge my colleagues to pledge bust of any agreement the United gion. The solid gains for U.S. farmers, their support as well. States has negotiated. Bahrain has workers, manufacturers, and service promised American companies doing f providers found in this agreement may business in the kingdom a regime free BUDGET RECONCILIATION be replicated in other free trade agree- of barriers, modern in its regulation, ments of their region. Mr. GRASSLEY. Mr. President, I This has already happened with the and respectful of intellectual property also take this opportunity to speak on country of Oman. The United States rights. a motion to instruct conferees on the recently concluded a free trade agree- For Bahrain, this agreement means Byrd amendment. ment with Oman that was based large- greater integration into the world Yesterday, a Senator sent a letter to ly upon our agreement with Bahrain so economy, a better environment for its the majority leader saying he would the benefits to HNI Corporation, Len- workers, and a pioneering role in the oppose the reconciliation bill if we nox, and Midamar that I have identi- Arab world. For the Middle East as a used repeal of the Continued Dumping fied will be multiplied as other Arab region, I hope this agreement is a firm- and Subsidy Offset Act to achieve bil- countries adopt free trade agreements ly planted seed that will grow pros- lions in budget savings. While dis- with the United States that are based perity, openness, and stability. appointed, I was not surprised. In fact, largely upon the Bahrain agreement. A strong agreement such as this one I say, join the club. This is all part of a broader goal and does not automatically happen. It Already, one Senator told me he that was expressed in May 2000 by takes hard work. It takes perseverance, would oppose reconciliation unless spe- President Bush proposing a plan of followthrough. It takes vision. Fortu- cific provisions on specialty hospitals graduated steps for Middle Eastern na- nately, the United States and Bahraini were not included. Several other Sen- tions to increase trade and investment officials have these qualities in spades. ators threatened to vote against the with the United States and others in I applaud their hard work. Ambassador reconciliation bill unless the MLLC the world economy, culminating with Belooshi—who, I might add, is observ- Program was not extended. Another the establishment of the Middle East ing these proceedings close by, very Senator told me he will vote no if we Free Trade Agreement by the year 2013. close, I might add—of the Kingdom of save money by trimming waste from The importance of this vision of Presi- Bahrain typifies the courageous action the Medicaid Program. A group of dent Bush was brought home on July and progressive thinking the Bahrainis southern Senators said they would vote 22, 2004, when the report of the 9/11 have shown through the FTA process, no on the reconciliation bill if the Commission was released. That report and we should applaud him for it. He Grassley provision on payment limits contains as one of its key recommenda- has done a super job. in the farm program became a part of tions that ‘‘comprehensive United I also applaud Ambassador Rob the bill. States strategy to counterterrorism Portman and his predecessor, Bob So, no savings from the CDSOA re- should include economic policies that Zoellick. Ambassador Zoellick nego- peal; no savings from the MLLC Pro- encourage development, more open so- tiated a strong agreement, and Ambas- gram; no savings from Medicaid; no cieties and opportunities for people sador Portman saw it through. Ambas- savings from payment limits. With ev- who improve the lives of their families sador Portman listened to Senators’ in- eryone threatening to vote ‘‘no’’ there and to enhance the prospect of their terests in monitoring Bahrain’s end to will be no savings in any Federal pro- children’s future.’’ its boycott of Israel, and together we gram, ever. Our trade agreement with Bahrain is worked out a solution. He has been Everyone says they are for balanced an important achievement in that area equally energetic and flexible in work- budgets as long as it is someone else and joins previously concluded bilat- ing with my colleagues in the House whose budget is cut to get the job eral trade agreements between the Ways and Means Committee to allevi- done—not their pet issue. We need to United States and Israel, Jordan, and ate their concerns, especially on labor. ask ourselves whether we want to trim Morocco. The agreement with Bahrain I also applaud the very capable and the Federal budget or not. If not, what is an important part of a broader effort energetic staff of the USTR. They are does the Republican Party stand for? to encourage development, more open dedicated public servants, putting in The most egregious threat has to be societies, and opportunities for people long hours and endless effort into their over budget savings from the repeal of to improve the lives of their families work. They do a super job. the Continued Dumping and Subsidy

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.040 S13DEPT1 S13486 CONGRESSIONAL RECORD — SENATE December 13, 2005 Offset Act. This program is Govern- against some American companies be- Palaeologus ruled a waning Byzantine ment pork at its worst. It takes money cause we have a law on the books that Empire. Looking across the Bosporus, that should go to the treasury of the violates our international agreement he saw a growing threat from the Mos- United States and it transfers that and at the same time benefits a hand- lem Ottoman Turks. In 1390, he sent an money to a select group of companies. ful of major companies in America. embassy up the Adriatic Sea to Venice Talk about special interests, Mr. Presi- It happens that Brazil, Chile, India, to build alliances. And to head the mis- dent. Plus there are very few limits on and South Korea could soon impose sion, he named the 35-year-old Manuel what these companies can do with the sanctions. As more countries exercise Chrysoloras. money that is raised by an act of Con- their authority to retaliate and as pay- Although his embassy to Venice did gress. ments under this program continue to not prosper, Chrysoloras’ reputation According to the General Accounting grow, innocent U.S. exporters—the did. And in 1396, the chancellor of the Office, one recipient even used the ones I have listed and others—and, University of Florence invited him money to pay off his home mortgage. more importantly, their employees, there to teach Greek. The chancellor The program is so bad it did not even will continue to be hurt more and more wrote: ‘‘[W]e firmly believe that both pass during the light of day a few years as time goes on. That is not right. This Greeks and Latins have always taken ago. Instead, it was pushed into a con- situation needs to end. learning to a higher level by extending ference report before it could receive The Government Accountability Of- it to each other’s literature.’’ fice report points out some other ridic- scrutiny by either House of Congress. Chrysoloras accepted. ulous aspects of this program, such as Ironically, some are arguing that budg- But no one in Italy had studied the complete lack of accountability. et reconciliation shouldn’t be used to Greek for 700 years. Chrysoloras began. Recipients of funds under the program save money by repealing this amend- He taught Greek in Florence, Bologna, submit claims based upon qualifying ment. They argue it should go through Venice, and Rome. He translated expenditures, but there is no way to Homer and Plato. He wrote the first the regular order. I don’t know why tell whether those claims are even jus- they would argue this given the provi- tified. In fact, the evidence suggests basic Greek grammar in Western Eu- sion never went through regular order they may not be justified. rope. before it became law in the first place. In 2004, company claims were about As the early renaissance poet Dante Here, unlike passage a few years ago $1.3 trillion. Mr. President, I said that Alighieri wrote in The Divine Comedy, of this bad amendment, repeal went right: Companies were making claims ‘‘A great flame follows a little spark.’’ through regular order in the House. Re- for $1.3 trillion. The gross domestic The flame of learning spread through peal just a couple weeks ago went product of the United States in 2004 the rest of Europe, reconnecting the through regular order in the House was $11.75 trillion. So if the 770 recipi- West with classical antiquity, experi- where that amendment had never even ents of funds under the Continued mentalism, and the desire to live well. been considered by the other body Dumping and Subsidy Offset Act, re- Chrysoloras and scholars like him when it was originally adopted a few ferred to as the Byrd amendment, are helped to begin the scientific revolu- years ago. to be believed, they spent about 11 per- tion and artistic transformation that So let me be clear. We are not talk- cent of the U.S. gross domestic product would become known as the Italian ing about repealing any aspect of our last year on qualifying expenditures. Renaissance. Europe emerged from the trade remedy laws. Every trade protec- I understand that in the year 2005— backwater. Commerce and exploration tion that has been in place for years the year now ending—claims are about burst forth. The Modern Age began. stays in place. What we are talking $3.2 trillion. That is equivalent to one- Renaissance historian Matteo about is getting rid of a Government quarter of the GDP of the entire United Palmieri exhorted a fellow Italian of subsidy program that enriches the few States of America. the mid 15th century to ‘‘[t]hank God at the expense of the many. I think those figures show the mag- that it has been permitted to him to be A recent report from the Government nitude of the incentive for fraud under born in this new age, so full of hope Accountability Office shows this in this program. The proponents of this and promise, which already rejoices in very stark detail. Over $1 billion has program ought to be embarrassed. This a greater array of nobly-gifted souls been distributed so far under this pro- program is bad economic policy, bad than the world has seen in the thou- gram. One company alone—one com- trade policy, and bad Government to sand years that have preceded it,’’ pany alone—of that $1 billion received use the power of Government to end up With the Renaissance, Western Eu- almost 20 percent of the disbursements, giving a few companies in this country rope began its domination of the world and the top 5 recipients account for al- the benefit of the Federal Govern- economy. The West has held this power most half of those disbursements. ment’s power to tax. so long that it is easy—especially for You do not have to cast a very wide It should be repealed, as the House us here in the West—to take it for net to see where this corporate welfare has done. I hope that coming out of granted. But it need not have been so. is going. Just 39 companies account for conference we can have this provision In the century leading up to the year over 80 percent of the disbursements. in there. I hope we will not instruct 1000, Moorish Spain could claim a far And the World Trade Organization has conferees to disagree with the House. more advanced civilization than that of authorized a number of our trading In the process of doing this, we are Christian Italy. Cordoba’s streets were partners to retaliate against us. This is going to put $3.2 trillion into the Fed- paved and lit. Cordoba had 300 public where, to help a few companies through eral Treasury instead of having it go as baths and 70 libraries. Cordoba’s great this amendment, we are going to end corporate welfare to a handful of com- central library alone held 400,000 up hurting a lot of American pro- panies. books—more than all of France. The If we cannot repeal such a blatant ex- ducers, some of them in our powerful Arab postal service delivered regular ample of Government pork to save agriculture, and maybe end up hurting money during a time of skyrocketing mail as far as India. Arab civilization every consumer in America. As a re- budget deficits, then why are we here was internally creative. And Arab sult, innocent U.S. exporters are tak- as representatives of the people at all? thinkers of the time were open to Per- ing a big hit so the lucky few can con- Are we here to protect the pockets of a sian and Indian science, as well. tinue guzzling at the public trough. select few, or do we want to do, and In the 12th century, an English schol- Already, our exporters face addi- will do, what is in the best interests of ar named Adelard of Bath traveled tional duties imposed by Japan, Can- our Nation? through the Islamic lands of Spain, ada, Mexico, and the European Union. Mr. President, I yield the floor. North Africa, and Asia Minor. Adelard Here is where it affects some products. The PRESIDING OFFICER. The Sen- reported: ‘‘The further south you go, Our producers of live swine, fish, oys- ator from Montana. the more they know. They know how ters, cigarettes, dairy products, wine, f to think.’’ paper products, clothing, sweet corn, And Adelard carried back from the industrial belts, steel products, forklift A NEW AMERICAN RENAISSANCE south a way of thinking. He said: ‘‘Al- trucks, printing machines, and others, Mr. BAUCUS. Toward the end of the though man is not armed by nature, are all bearing the brunt of sanctions 14th century, Emperor Manuel II nor is naturally swiftest in flight, yet

VerDate Aug 31 2005 03:58 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.042 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13487 he has something better by far—rea- American renaissance will rely on our regional trade agreements in Asia. We son.’’ having the best educated workforce of should seek out further sectoral agree- The advanced Moorish state suffered the centuries to come. ments such as the WTO’s Information civil conflict and fell to the less-devel- We need to ensure that children come Technology Agreement. And we should oped Christian states of Europe. Fi- to school ready to learn. We need to en- launch an initiative in the advanced nally, on January 2, 1492, the leader of sure that children have modern and medical equipment sector. the last Muslim stronghold in Granada well-equipped schools. And we need to We need to expand trade adjustment surrendered to armies of a resurgent, ensure that children have small class- assistance to service workers. And we newly-united Christian Spain. The re- es. need to expand wage insurance. maining Spanish Muslims were forced We should raise salaries for teachers We can make it easier for major to leave Spain or convert to Christi- in poor schools by 50 percent. We American companies to employ and anity. should raise the salaries of top-per- train their overseas employees. And we At the end of the first millennium, forming teachers and teachers in math, can facilitate international participa- Arab Spain had the most advanced science, and languages by another 50 tion in meetings and conferences and science and economy of its day. But in percent. travel to trade shows. the centuries that followed, it fell to a We can ensure quality afterschool Fourth, we must address the burden newly-emergent Western Europe. programs. We can lengthen the school that high health care costs place on At the end of the first millennium, year. American business. And we must help Western Europe slumbered in its Dark We must support community colleges provide health insurance to those who Ages. But in the next centuries, it and link them more strongly to work- do not have it. emerged into the Renaissance. force opportunities. We must expand We can provide health insurance tax We here today inherit the legacy of Pell Grants. We must improve, consoli- credits to small employers. We can the Italian Renaissance. We have ab- date, and expand education tax incen- fund employer-based group-purchasing sorbed the learning of the Arab Caliph- tives. We must expand and extend the pools. We can increase funding for ates. And we inhabit the land made deduction for tuition expenses. We high-risk pools. We can expand Med- known to Europeans by another voyage must increase scholarships and loan icaid and the State Children’s Health of 1492. forgiveness for science and engineering Insurance Program. We can permit a At the end of the second millennium, students. We must expand the Hope Medicare buy-in for the near-elderly. America has the most advanced science and Lifetime Learning credits. We need to facilitate the use of and economy of our day. But we cannot We need to make it possible for non- health information technology. We take that leadership for granted. traditional students to obtain an edu- need to use health IT to link medica- In the centuries ahead, if America cation. We need to retrain workers tion administration to a patient’s clin- wishes to remain the most advanced whose jobs are lost to trade and help ical information. We need to foster economy of our day, we will need to them reenter the workforce. standards for the interoperability of create a new American renaissance. We should make it easier, consistent health IT systems. We need to improve We need this new American renais- with the requirements of national secu- healthcare providers’ ability to ex- sance, because leadership does not rity, for foreign students to study in change clinical data. And we need to come from continuing to do what we do America. provide loans and grants to encourage already. Smart people in China and We should make visa renewals during the use of health IT. The Senate has India and around the globe are quickly multiyear studies routine. And we passed legislation this session to fur- learning how to do what we do now. should change visa renewal require- ther many of these health IT goals. And people in China and India and ments policies that are now contingent The House must do it, too, and move around the globe will be able to do it on students’ return to their home quickly to provide higher Medicare re- more cheaply. countries. imbursements and work to improve Instead, leadership comes from con- Second, we must foster research. For quality of care, known as ‘‘pay-for-per- stant innovation. Leadership comes it was discovery that helped bring formance.’’ from rapidly adjusting what we do to about the renaissance. We should provide higher Medicare what the market demands. And leader- We need to reward innovation and reimbursements to providers working ship comes from serving the customer. risk-taking. We need to fully fund re- to improve the quality of delivered Fortunately, these are characteristics search support organizations like the- care. And we should coordinate senior at which Americans excel. National Science Foundation, the Na- care to ensure adequate preventive This is my eighth Senate floor state- tional Institutes of Health, and the Of- care and chronic condition management this year on competitiveness. I fice of Science at the Department of ment. This year’s Senate-passed spend- began in June with a general state- Energy. We need to simplify and make ing reconciliation bill took the first ment on competitiveness and Amer- permanent the R&D tax credit. steps toward pay-for-performance. Al- ica’s place in the world. In June, I also We should encourage talented foreign though there is much in that bill that spoke of education and competitive- students to study, research, and inno- gives me pause, we should enact those ness. In July, I spoke of trade and com- vate at American universities and re- pay-for-performance changes. petitiveness and health care and com- search institutions. And we should sim- Fifth, we must increase national sav- petitiveness. In September, I spoke of plify the permanent residence process ings to finance the investment and in- savings and competitiveness. In Octo- for exceptional foreign students with novation of the next renaissance. ber, I spoke of energy and competitive- advanced science degrees from Amer- We need to plug the biggest leak in ness. In November, I spoke of immigra- ican universities. our national savings pool: the federal tion and competitiveness. And today, I Third, we have to advance inter- budget deficit. We need to truthfully conclude this series of addresses with national trade. Insularity character- report current and future Federal Gov- this discussion of the need for the new ized the Dark Ages. The Renaissance ernment spending needs. We need to re- American renaissance. spread from an international spark. store pay-as-you-go rules for both enti- My message is this: To foster this And the ensuing blaze of international tlement spending and tax cuts. continuing American renaissance, commerce brought on the Modern Age. We should reduce the annual tax gap. American government cannot stand We must open new markets for Amer- We should eliminate wasteful and un- idly by. Remaining economically com- ican exports worldwide. We must im- necessary spending. We should elimi- petitive will require action. Let me prove enforcement of existing trade nate wasteful and unfair tax breaks, summarize my six-step agenda for ac- agreements. We must do more to de- such as abusive tax shelters and cor- tion. This is what we need to do: fend American intellectual property porate tax loopholes. And we should First, we must improve education. rights. And we must prompt China to slow the growth in healthcare costs. The Italian Renaissance relied on the further loosen its currency. We can increase private savings. We learning of the Greeks that Manuel We should look more to Asia for bi- can improve financial education. We Chrysoloras helped to spread. The new lateral agreements. We should advance can encourage automatic enrollment of

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.023 S13DEPT1 S13488 CONGRESSIONAL RECORD — SENATE December 13, 2005 eligible workers in retirement savings BAHRAIN FREE TRADE the threat, in many cases, if they plans. We can bring payroll-deduction AGREEMENT would like to organize as workers, of retirement savings to private sector Mr. DORGAN. Mr. President, my un- being sent to prison. workers lacking 401(k)s or similar derstanding is that the Senate is tak- I can actually give names of people plans. We can make incentives for sav- ing up the free-trade agreement with now sitting in prison in China whose ing more progressive. And we can ex- Bahrain. Of all the priorities that exist transgression was deciding to try to or- tend the Savers’ Credit and expand it in our country dealing with the subject ganize workers because the conditions to Americans with no income tax li- of trade, somewhere close to last would in those plants were awful. So there ability. be a trade agreement with Bahrain. are people who tried to organize work- Sixth, for a modern renaissance, we Nothing against the country of Bah- ers, were arrested, and now are sitting must address the need for sustainable rain. I am sure it is a wonderful place. in prison. Those are the conditions and environmentally compatible I have not actually visited there. But I under which we are now trading. sources of energy. believe the total trade between our One-third of our trade deficit, inci- We can launch a new ‘‘Manhattan country and Bahrain is somewhere in dentally, is with the country of China. Project’’ to develop clean alternative the neighborhood of $700 million, less Last month, we sold China $3 billion energies. We can foster the use of hy- than $1 billion on both sides of the worth of American goods—$3 billion. drogen and fuel cells. We can foster ledger. And we purchased from China $23 bil- wind energy. We can make a clear com- There are all kinds of trade problems lion in goods. mitment to the development of bio- our trade officials ought to be working China has almost 1.4 billion people, mass and ethanol-based fuels. on. But a free-trade agreement with and we are told this is going to be a We should encourage energy R&D Bahrain would not rank right near the huge market for American production. through research grants to industry top. Let me tell you what would rank The creation of a middle class in China and educational institutions and tax near the top. is going to be terrific for our country incentives for R&D. We should offer We are deep in debt with respect to because we will be able to produce and prizes to spur innovation. international trade. This country is in sell into the Chinese marketplace. We need an investment tax credit for desperate trouble with respect to trade. It is not working out that way, of coal gasification technology. We need a We are now experiencing a trade deficit course. What is happening is China tax credit for companies that generate of over $700 billion a year. That means sells us $23 billion worth of goods pro- fuel using an updated version of the F– every single day, 7 days a week, we buy duced in China, and we sell them only T process. And we need a Federal loan more from abroad than we sell in ex- $3 billion worth of goods produced in guarantee so that companies can fi- ports, $2 billion a day every day 7 days America, $20 billion-a-month trade def- nance these capital investments. This a week. How long can a country sustain icit with China. On an annual rate, year’s energy and highway bills ad- that? that is a $240 billion deficit with China dressed some of these needs. We have lost 3 million jobs in this in a year. That is unbelievable. And Taken together, these policies form a country in the past 4 years—3 million this Congress is perfectly content to bold agenda to advance American com- jobs—going to China, to Vietnam, Ban- dose through it all; in fact, probably a petitiveness. They can help maintain gladesh, Indonesia, and more. very satisfactory sleep for most be- American economic leadership in the So what is all of this about? It is cause they still are willing to stand on world. And they can help to preserve about a new strategy, a strategy devel- street corners and chant about this so- high-wage American jobs here at home. oped in the past two to three decades, called free trade that is not free at all. Beginning next month, I will intro- but accelerated now more recently. It Some will say, and I think perhaps duce a comprehensive 2006 legislative is a strategy that says we are a global most who have studied economics will package to strengthen America’s com- economy, and because it is a global say, that this is unsustainable. This petitiveness in a changing world. This economy, enterprises, corporations, country is headed toward some white- package will encompass several bills and others should take a look around water rapids with these kinds of trade that cover the many aspects of com- this world and find out where these 1 to deficits. We are not only losing Amer- petitiveness. I invite my colleagues to 1.5 billion people are who will work for ican jobs because American workers join me in this effort. pennies an hour, employ them, shut are being told they cost too much The early Renaissance poet, Dante down your U.S. manufacturing plant, money, and we are going to produce Alighieri, embodied the spirit of his hire the employees in China or Ban- elsewhere, but we are also up to our times when he wrote in The Divine gladesh, for example, and it will all neck in debt. Comedy that people ‘‘were not born to work out because they will work for 30 Incidentally, the trade deficits are fi- live like brutes, but to follow virtue cents an hour, and they will build bicy- nanced by selling part of our country. and knowledge.’’ cles and wagons and produce textiles Every single day we sell another $2 bil- And from that grounding of virtue and other things. And then you can lion worth of our country to foreigners. and knowledge flowed naturally ship it to a big box retailer in this That is the way the trade debt is fi- Dante’s description: ‘‘And thence we country, and someone can walk nanced. came forth, to see again the stars.’’ through the front door of that big box In most recent months, one of Gen- Let us follow virtue and knowledge retailer and buy a cheap product. eral Motors’ top executives called in and foster a new American renaissance. I noticed last year at Christmastime about 300 of the top executives of the Let us strengthen America’s competi- there was a woman from Texas who de- companies they buy parts from and tiveness in a changing world. And let cided she was going to buy her children said this to them: You are the compa- America again go forth, toward the some presents, and she wanted to make nies from which we buy automobile stars. a point of buying American made prod- parts. We want you to begin producing I yield the floor, and I suggest the ab- ucts. So she started shopping, and she those parts in China. You need to move sence of a quorum. discovered she could not purchase one those parts to China. Get your produc- The PRESIDING OFFICER. The present for her children that was made tion done in China. We are about driv- clerk will call the roll. in the United States. ing down the costs. The legislative clerk proceeded to What does it mean? It means our Then we see Delphi, which was for- call the roll. country is changing and our country is, merly part of General Motors and then Mr. DORGAN. Mr. President, I ask in my judgment, being hollowed out. spun off as the largest automotive unanimous consent that the order for Jobs are being lost, the middle class is parts producer, going through bank- the quorum call be rescinded. shrinking because we have been told ruptcy, and Delphi says to the public: The PRESIDING OFFICER (Mr. now American workers must compete The problem is we have people making ALLEN). Without objection, it is so or- with others around the world who are $20 to $30 an hour. That is up to $40,000, dered. willing to work for 30, 40, 50 cents an $50,000, $60,000 a year. What we want to The Senator from North Dakota is hour, work without health insurance, do is get to a point where we have peo- recognized. without a retirement, and work under ple making $8 to $10 an hour. In fact,

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.026 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13489 what we want to do is move most of soon. Unless something changes, China try’s challenges in trade, we are on the our production offshore to China and will be exporting automobiles as Korea Senate floor talking about the free elsewhere so we can pay 30 cents an is doing. Does anyone think China trade agreement with Bahrain. hour. And then the jobs that are re- wants to take American vehicles into Where is the energy to do something tained, we want to pay $8 to $10 an China? No, no. What they want to do is real? Once again, it is a small moment hour. accept the American marketplace as a to do a free trade agreement with Bah- I ask this question of, yes, General sponge for all that they produce. rain. It is a very small country in the Motors, IBM, and all of these compa- I have spoken at great length on the middle of the Middle East. Our total nies engaged in this activity, and vir- Senate floor about the people who have trade with them, on both sides, is $700 tually all of them are: Who will be your lost their jobs in this country when million a year. We cannot get trade of- future customers if your job is to lay their plants closed down. I talked ficials in this country, this administra- off American workers so you can about Pennsylvania House Furniture. tion or this Congress, to look truth produce elsewhere where it is cheap in In fact, I talked to the Governor of right in the eye on these kinds of prob- order to sell back into this established Pennsylvania about this. Pennsylvania lems, the huge deficits, year after year, marketplace? Who is going to buy your House Furniture, the description of that are shipping jobs overseas. There laptop computers and your auto- that for almost a century was using the is another corollary to this as well. mobiles? finest Pennsylvania wood and pro- The same companies that decide that If we were going to do something rep- ducing high-end furniture, and when they should not hire Americans, they resenting a priority today for me on people bought Pennsylvania House fur- should shut down the American plant trade, I would deal with China first. niture, they knew they were getting a and, by the way, do so with an encour- But there are all kinds of bilateral real piece of furniture. agement by this Congress because this trade problems with a number of major Well, La-Z-Boy bought that furniture Congress gives them a tax break—and trading partners. Let me give you some company. After a couple of years, La-Z- we voted I think four times on my examples. Boy decided, we want to produce that amendment to shut down the tax break I have mentioned many times that in furniture in China. The Governor of that subsidizes jobs going overseas, the past year we will have shipped in Pennsylvania and others tried to put but, no, this Congress still wants to well over 600,000 automobiles from together a financing package to keep provide a tax subsidy to those compa- Korea into this country. In return, we the jobs in Pennsylvania, to do every- nies that shut down their American were able to send about 3,900 American thing to see if they can keep in this plant and move jobs overseas. But this vehicles to be sold in Korea. Sound country the Pennsylvania House Fur- new environment in which companies fair? Sound reasonable? Sound like a niture Company that had been around do not say the Pledge of Allegiance any thoughtful deal for America? The an- a century. more but they are an international cor- The answer was no. La-Z-Boy said: swer is clearly no. poration, they want to produce where Those jobs are going to China. Now What this means is shifting Amer- they can produce for pennies, they what they do is ship the wood from ican jobs elsewhere, produce the cars in want to sell into this marketplace Pennsylvania to China and pay the Korea, ship them to the United States, where they can get high-end consumers Chinese workers pennies on the hour to and if you start selling any U.S. vehi- to buy it, and then at the same time, put the wood together in furniture and cles in Korea, shut it down. That is by the way, they want to run the in- then send the furniture back to our what has happened. Incidentally, the come, if they can, through a mailbox in country to be sold. Yes, it is Pennsyl- Dodge Dakota pickup truck became a the Bahamas or the Caymans. little bit popular for a couple of vania House furniture but not made in Pennsylvania. So those workers lost I want to mention that there is one months in Korea. They saw that and building that is a five-story building in shut it down just like that. They do their jobs. Is it because they were not good workers? No, they were crafts- the Cayman Islands located on Church not want American vehicles sold in Street. I have brought a photo of it to Korea. They just want to sell their cars men. In fact, the very last piece of furniture they made in Pennsylvania they the Senate floor previously, and I here. should do that again at some point. China has 20 million cars on the road. turned upside down and those crafts- men who made that furniture all That building is the official residence It is estimated that by the year 2020 and address for 12,748 corporations. they will have 120 million cars on the signed their name on it, the last piece Now, one might ask, how is it 12,748 road. They are gong to add 100 million of furniture that company made in corporations can share a residence or cars because they want to start driving America by American workers. La-Z- an address in a 5-story white building in China, even in the rural areas of Boy, which owned Pennsylvania House in the Cayman Islands? Simple. It is China. General Motors says a Chinese Furniture, decided, as so many others nothing more than an address. company has stolen the production have, that those jobs had to go to blueprints for one of its small cars. China because they can pay pennies on What is the purpose of having an ad- They have actually filed a legal action the hour, they can work kids if you dress in a 5-story white building in the against the Chinese company for steal- want to, they can dump the pollution Cayman Islands? So that one does not ing what they call the production blue- into the sky and into the water, and have to pay taxes to this country. prints for a vehicle. they will not have anybody worrying Money can be moved through a tax So a company in China called Chery, about whether they are going to form a haven and avoid paying U.S. taxes. So which is only one letter away from union because it will not be allowed. one is a U.S. company, they are char- Chevy, is going to be producing a car That is not fair trade. That is not tered probably in Delaware, have all called the QQ. The QQ is a car that will something we should continue to allow the advantages of being an American, be produced in China with what Gen- in this country, stand by and thumb but now the new economics tell them eral Motors alleges are the production the suspenders and whistle a little bit they should produce in China, sell in blueprints that were stolen from Gen- while Americans lose those jobs and this marketplace and set up an address eral Motors. those jobs go to China and then come in a 5-story white building mailbox in Recent Wall Street Journal reports back to a big-box retailer to be sold at the Cayman Islands, so that they can say that the Chinese are gearing up for discount prices. Who ultimately is have all the opportunities that come a very substantial automobile indus- going to buy those products? with being an American, except the re- try, and they want to export around My point is this does not work. In- sponsibilities to hire American workers the world. stead of dealing with a range of issues, or to pay American taxes. That is what I ask unanimous consent for an addi- yes, with China, Korea, Canada, Mex- is happening. tional 5 minutes. ico, Europe, with whom we have very People say, well, that is just an The PRESIDING OFFICER. Without large trade deficits and growing trade anticorporate rant. It is not. I think objection, it is so ordered. deficits, I might add, instead of dealing there are some wonderful corporations Mr. DORGAN. They want to export with that, talking about it, responding in this country, some terrific corpora- those vehicles around the world so very to that, trying to deal with this coun- tions with inventive people, creative

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.047 S13DEPT1 S13490 CONGRESSIONAL RECORD — SENATE December 13, 2005 people, who have advanced this coun- resentatives. In addition to his very tions that Gene McCarthy would never try, have produced wonderful, breath- distinguished legislative career, he is forget or forgive. taking products, but I think there is a perhaps best remembered for his his- The Democratic contest became divi- culture in this country, with respect to toric Presidential campaign in 1968, in sive in subsequent primaries, then cat- trade and corporate responsibility, which he deposed an incumbent Presi- astrophic with the assassination of that has gone off the track. In this dent. Robert Kennedy, then destructive at Congress, we cannot get anybody to Eugene Joseph McCarthy was born the tumultuous national convention in talk about trade, except perhaps to on March 29, 1916, in Watkins, MN. He Chicago that nominated Hubert Hum- come and stand around to talk about graduated from St. John’s University phrey, not Gene McCarthy. The nomi- the Bahrain trade agreement on a in Collegeville, MN, in 1935, and then nee and the party did not recover from Tuesday. Would it not be wonderful if earned a master’s degree in economics that disastrous convention and Richard we were talking about this full-blown and sociology at the University of Min- Nixon was elected President in Novem- crisis of $2 billion a day to date, $2 bil- nesota. ber. The Vietnam war continued for 7 lion that we purchase from abroad After college, he spent 9 months as a more years. more than we sell to abroad, and there- novice in a Benedictine seminary. The Gene McCarthy retired from the Sen- fore today someone off the shores of world pulled him away, however, and ate in 1970 and never again held public this country owns $2 billion worth of he played semiprofessional baseball, office. Some of his later remarks, re- this country. We are selling this coun- taught high school social science, was flecting his disenchantment and his de- try piece by piece. a professor at his alma mater, St. fiance, along with his acerbic wit, dis- A budget deficit in this country is fi- John’s, and then chaired the sociology mayed some Democrats and disillu- nanced in the traditional way, but a department at St. Thomas University sioned former supporters. Gene McCar- trade deficit is financed in a very dif- in St. Paul, MN. thy, however, was always his own man. ferent way. When we purchase those During World War II he worked in a He once said his definition of patriot- foreign goods, the trade deficit puts military intelligence division of the ism was ‘‘to serve one’s country not in American currency in the hands of for- War Department. He married a fellow submission, but to serve it in truth.’’ eigners. They then use that currency teacher, Abigail Quigley, with whom he He used his pen and his tongue to to purchase real estate, stocks, bonds, had three daughters and a son. Abigail speak his own truth, regardless of the to purchase part of this country. Every McCarthy passed away in 2001. personal or political consequences. In single day we are selling part of this In 1948 Gene McCarthy was elected to that respect, he was a true patriot. country with an incompetent trade the House of Representatives from After he was decried by Johnson’s strategy, a jingoistic trade strategy Minnesota’s Fourth Congressional Dis- supporters as a mere ‘‘footnote in his- that chants about free trade that has trict. While in the House, Congressman tory,’’ he retorted, ‘‘I think we can say long ago been discredited. We ought to McCarthy founded McCarthy’s Mav- with Churchill, ‘but what a footnote.’’’ be describing circumstances of requir- ericks, which was the forerunner of the You are much more than a footnote, ing fair trade. As a country, we ought Democratic study group that would, in Senator McCarthy. You were a U.S. be a leader in deciding, yes, let us ex- succeeding decades, be influential in Senator. You made history and you pand trade in open markets, but it developing many important legislative changed history. You were true to must be fair, and if it is not fair then initiatives. yourself, to your ideals and to your this country is obligated to take the In 1952, he was the first Member of convictions. You were a poet, a philos- lead to insist on and demand fairness. Congress to challenge Senator Joseph opher, and a patriot, a great Minneso- Our job ought to finally be to pull McCarthy in a nationally televised de- tan and a great American. May you others up, not to push us down. What bate on foreign policy. That political rest in peace. has happened more recently is we are courage presaged his decision 15 years Mr. President, I yield the floor. pushing American workers down, push- later to challenge an incumbent Presi- Mr. HARKIN. Will the Senator yield ing incomes down, the standard of liv- dent. In 1958, Congressman McCarthy for a second before he does yield the ing down in this country and seeing defeated an incumbent Senator to be- floor? jobs exported, opportunity exported, come Senator McCarthy. He was re- The PRESIDING OFFICER. The Sen- and exporting part of our future. That elected to the Senate in 1964 with over ator from Iowa. is not satisfactory to me. I regret we 60 percent of the vote. Then, in Novem- Mr. HARKIN. I thank the Chair. I are here talking about this free trade ber of 1967, he announced his candidacy commend my colleague from Min- agreement when in fact we should be for President, challenging the incum- nesota for taking the time to speak talking about the center, the bull’s-eye bent President of his own party, Lyn- about an old friend, a remarkable poli- of the target dealing with trade that is don Johnson. In his announcement tician, a remarkable Senator, Gene causing this hemorrhage of red ink and speech he said: McCarthy. the loss of American jobs day after day I am hopeful that this challenge may al- In my younger days in Iowa, when after day. leviate this sense of political helplessness they still had a bounty on Democrats I yield the floor. and restore to many people a belief in the in my State and Republicans ran ev- The PRESIDING OFFICER. The Sen- process of American politics and of Amer- erything, we always had the Democrats ator from Minnesota. ican government. from Minnesota come down—McCarthy Mr. DAYTON. Mr. President, I ask His candidacy ignited a new genera- and Mondale and Humphrey, people unanimous consent I may speak for up tion of political activists, many of such as that. But Gene McCarthy was a to 10 minutes. them young college students who very rare, a unique individual. I was The PRESIDING OFFICER. The Sen- shaved, showered, and went ‘‘Clean for listening in the cloakroom to what the ator has that privilege. Gene.’’ They swarmed into New Hamp- Senator from Minnesota was saying The Senator from Minnesota is rec- shire for the first political contest of about Gene McCarthy. He had a way ognized. 1968. There they helped Senator McCar- about him that was like Mark Twain. f thy transform the political landscape He had a great sense of humor. He by holding President Johnson to 49 per- could, like Mark Twain, say very suc- TRIBUTE TO LATE SENATOR cent of the vote in the Democratic pri- cinctly what it might take others a EUGENE JOSEPH MCCARTHY mary, with 42 percent voting for Sen- paragraph to say. That was one of the Mr. DAYTON. Mr. President, I rise ator McCarthy. Seldom has a second- qualities I always envied about McCar- today to pay tribute to a great Min- place finish been considered such a vic- thy. I always thought, Gosh, why can’t nesotan and great American, former tory. Two weeks later, President John- I say it like that? He had a great way Senator Eugene McCarthy, who passed son withdrew his candidacy for reelec- with words. away last Saturday at the age of 89. tion. Shortly thereafter, fellow Senator Like Mark Twain, Gene McCarthy Senator McCarthy served two terms in Robert Kennedy and fellow Minnesotan had the ability, with very few words, to this body, from 1958 to 1970, after serv- Vice President Hubert Humphrey en- puncture the inflated egos of puffed-up ing five terms in the House of Rep- tered the Presidential contest, two ac- politicians. If you were on the other

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.049 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13491 end of it, you didn’t feel good about it. He said: Well, we are here because But there are also times when agree- He had a way of doing it without being the liberal position needs to be enun- ment rather than discord characterize mean, but when you heard him—and he ciated and fought for regardless of who our proceedings. never attacked anyone but he did it in the nominee is. While I disagreed with the underlying terms of what they stood for, what I am paraphrasing, but that is the reconciliation bill passed by the Sen- they were saying—you heard it and you way I remember him saying that. ate, I was pleased and proud of one of realized McCarthy was right. He had a I just wanted to take the time to the sources of bipartisan agreement refreshing and disarming way about commiserate with my good friend, Sen- that we had both in committee and on him in his approach to politics. He ator DAYTON, about a wonderful human the floor. It was the decision by the made his point and he made it well. being, a truly remarkable U.S. Sen- Senate not to cut food assistance pro- I do not know if my friend from Min- ator, one of the most intelligent indi- grams for working Americans, for low- nesota repeated the quote that was at- viduals to ever grace the floor of the income working Americans. tributed to him in the newspaper that U.S. Senate, and to remember his leg- The Committee on Agriculture, Nu- I read the other day, which I thought acy, the legacy of having the courage trition, and Forestry considered such was McCarthy at his best. He said one of your convictions, of standing up for cuts. In fact, the President’s budget in- time that being a politician is somewhat you think is right, and once in a cluded a proposal to cut the Food times like being a football coach. You while don’t take ourselves too seri- Stamp Program by nearly $600 million. have to be smart enough to know how ously. But after careful examination of the to play the game but dumb enough to That was the Gene McCarthy I knew Food Stamp Program, after delibera- think it’s important. and loved. We will remember him al- tion in the committee, both Repub- Those of us who think all the things ways. licans and Democrats decided against we do here are so grandiose should re- I thank my colleague from Minnesota any cuts to the Food Stamp Program. alize we pass on and others take our for taking the time today to remember I commend today, as I did at that place. A lot of the things we do here, our good friend and departed colleague. time, our chairman, Senator we may think are important and they Mr. DAYTON. I think Senator CHAMBLISS, for listening carefully to are not that important. McCarthy would be very impressed committee members’ concerns by look- So that was Gene McCarthy. He with the extemporaneous eloquence of ing at this and for his conscientious de- would say things that made you smile, the Senator from Iowa and very appre- cision not to include any such cuts in made you think about things. ciative of his kind words. Of course, the committee-passed measure. I say to my friend from Minnesota, I Iowa has the first Presidential contest. I commend as well many members of got out of the Navy in November of Back in those days, I would have seen both parties who have objected to cut- 1967 and I returned home to Iowa in a lot more of Senator McCarthy. ting food assistance programs through 1968. At that point I was not active in Mr. HARKIN. He would have taken the reconciliation process. politics. But like so many of my col- me to task for talking so long. He There are many reasons food stamp leagues and friends in the Navy, I lost would have said: You could have said cuts should not be enacted. a lot of my friends in Vietnam. Slowly that in 2 minutes. First, the Food Stamp Program is but surely over the 5 years that I was Mr. DAYTON. I thank my friend. the first line of defense in the United on active duty, I became convinced Mr. HARKIN. Mr. President, I sug- States against hunger and food insecu- that the war in Vietnam should not go gest the absence of a quorum. rity, providing food assistance to near- on, that it was wrong, that we ought to The PRESIDING OFFICER. The ly 25 million Americans. It is also one get out of there. clerk will call the roll. But, of course, I was in the Navy at The bill clerk proceeded to call the of our largest child nutrition programs. the time. I couldn’t say anything about roll. Eighty percent of food stamp benefits— it. I was a Navy person. So I thought, Mr. HARKIN. Mr. President, I ask over $23 billion in 2005—go to families well, now that I am out maybe I can do unanimous consent that the order for with children. something. I was looking for someone the quorum call be rescinded. Another reason cutting food assist- to give me advice. I was looking for The PRESIDING OFFICER. Without ance is not appropriate is because the someone out there who would stand up objection, so ordered. The Senator need is growing and not diminishing. and take the lead on this—Gene McCar- from Iowa is recognized. Just recently, a U.S. Agriculture De- partment study found that 38.2 million thy. Gene McCarthy was the first poli- f tician I ever met who wasn’t afraid to people lived in households that were RECONCILIATION say the ‘‘emperor has no clothes.’’ And food insecure in 2004, and that the once he did that, people realized, you Mr. HARKIN. Mr. President, I know number increased by nearly 2 million are right; that this war in Vietnam was that a motion to appoint conferees has between 2003 and 2004. nonsensical, that we ought to bring an not happened yet on the reconciliation Since 1999, the number of individuals end to it. He encouraged a lot of young bill, but I understand that the majority classified by USDA as food insecure people. And I can still remember, and I leader will sometime today be making rose by 7 million people. These are sig- will bet the Senator from Minnesota that motion. It is a debatable motion, nificant numbers. has the same memory. I had one of and obviously an amendable motion. I That any American should live in the those daisies on the trunk of my car, a think there are maybe four or five dif- shadow of hunger at the dawn of the blue and white daisy with ‘‘McCarthy’’ ferent motions to instruct our con- 21st century is shocking and embar- on it. That was in 1968. ferees regarding the reconciliation bill. rassing. That the number has increased I think he brought a lot of young I want to take the time now to talk dramatically in the past 5 years is un- people in and gave a lot of young peo- about it, even though I have an amend- acceptable. ple encouragement that they could ment, but it is not timely to send the We have also been reminded of an- change the system and that they could amendment to the desk. But I do want other reason we shouldn’t have food make a difference. to talk about what that amendment stamp cuts. We have been reminded by Through his later years I became a will do and why I am going to be offer- the numerous hurricanes and disasters friend of Gene McCarthy. In fact, when ing it. this fall of the tremendous role that I ran for President in 1991, he was run- Basically, it has to do with funding the Food Stamp Program plays in ning again. So we found ourselves run- cuts for food assistance programs. times of emergency. The Food Stamp ning against each other. It has been a challenging year for all Program rapidly provided emergency As we were both fading and Bill Clin- of us, especially here in the Senate. food assistance to approximately 2.2 ton was winning everything, he drew There have been many things upon million individuals affected by Hurri- me aside one time and said: Do you which this Chamber disagreed. We have canes Katrina, Rita, and Wilma, allow- ever wonder why we are still here and had some spirited debates and disagree- ing victims to obtain food assistance what we are doing? ments. The budget debate and ensuing within days. I said: Yes; I do wonder that some- reconciliation bill has been one of the Finally, the Senate Agriculture Com- times. most challenging of these debates. mittee chose not to cut the Food

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.051 S13DEPT1 S13492 CONGRESSIONAL RECORD — SENATE December 13, 2005 Stamp Program because there is not people we want here. What does the that it stands side by side with work- much to cut. It operates efficiently and sign on the Statue of Liberty say? Give ing families, that we do not want to re- effectively. me your tired, your poor. A lot of these treat from welfare reform. We do not For 5 years in a row, the error rate in people are tired, they are poor, but want to retreat from the changes we the Food Stamp Program has declined they are here to build a better life. have made to make this program to consecutive all-time lows. They are working, they are legal, and meaningful and effective. Frankly, if there were fraud, waste, their kids are in school here. Yet we I will offer that motion at some and abuse to go after, I would be the want to make it even tougher. point, I hope today—whenever the ma- first in line to do so. The second thing they did is they jority leader makes a motion to in- I say that because I have been on this changed the system whereby States struct the conferees. Agriculture Committee in both the have said, Okay, if you qualify for LIHEAP House and the Senate—this marks my Temporary Assistance for Needy Fami- There are a couple of other items on 30th year. We have gone through a lot lies, then you automatically qualify for which there will be motions made. in the Food Stamp Program in that food stamps. It makes sense. In the There will be a motion offered by Sen- time. We have cut and trimmed. We 1990s we made a change to allow the ators COLLINS and REED, again, to in- have gone from food stamps to an elec- States to align their programs. If you struct conferees to add $2.92 billion in tronic benefits card to cut down on qualified for Temporary Assistance for funding for the Low-Income Home En- fraud, waste, and abuse. It has worked Needy Families, then you used to have ergy Assistance Program. That is the well. to go to another office to qualify for amount required to bring LIHEAP up We have a program that by any food stamps. It was twice the paper- to its authorized level. measurement operates efficiently. work, twice the administrative bur- The House reconciliation bill pro- The farm bill we passed in 2002 in- vides an additional $1 billion for cluded a major reform to the quality dens. We said, Why go through all of control system. Just last year, Con- that? So we made a change that LIHEAP. Unfortunately, because of the gress made improvements to Federal streamlined the program. way the program works, my home The House takes that out. The House child nutrition programs. Again, be- state of Iowa would not receive addi- bill takes a step backward from welfare cause of this bipartisan approach, tional funding under the House bill. My reform. We put this in there for welfare which I believe kind of goes back to the State of Iowa gets pretty darn cold, I reform back in the 1990s; they take a Dole-McGovern years when they forged can tell you. Last weekend I was out an alliance to ensure we had a bipar- step backward. We tried to change it so there, and it was 6 above zero. tisan agreement on the Food Stamp we would move low-income families In contrast, the level of funding pro- Program, we have a sound, efficiently, from welfare to work. vided in the Reed-Collins amendment One of the provisions was to provide effectively run program. There just is provides an additional $24 million for allow TANF recipients to automati- not any—I would not say there isn’t LIHEAP in Iowa, money that I can say cally qualify for food stamps. The any, but to go after what little abuse is desperately needed. House now takes that away. It makes Last weekend when I was out there, I there may be would cost more than met with some families who have ap- what is happening. We have tightened no sense. In fact, it will increase the down on this program over the last 30 burden on States. They will have to plied and have been qualified for years. There is not much fraud, waste, spend more money, and we will prob- LIHEAP. There was one woman with and abuse to go after, so if Congress ably have to take people that now two children who lives in a rented wants to make any cuts in the Food qualify off the food stamp rolls. These house. She gets no child support from Stamp Program, they have to go after are low-income people who work and her husband. She works full time every benefits. make money who now qualify because day. The kids go to school. She has a I am pleased to say that was not an they qualify for Temporary Assistance low-income job. She qualified for option either in the Senate Agriculture for Needy Families. Yet these are the LIHEAP at $319. Committee or that the Senate wanted very people for whom we want to build I mentioned that later on to some- to consider. a bridge. We want to get them off wel- one, that I met this person who quali- However, not so across the Capitol. fare and get them to work. A lot of fied for $319 LIHEAP. This individual The House of Representatives passed a times, part of that bridge is food said to me: Well, that is pretty good; reconciliation bill that makes signifi- stamps and making sure families have that will take care of her heating bills cant cuts to the Food Stamp Program enough food to eat. for the month. But it is $319 for the of approximately $700 million. Accord- So all of the cuts the House made re- year. A year. For Iowa, that means you ing to CBO, the Food Stamp Program treat from the bipartisan agreements have to buy heat in October, Novem- cuts contained in the House reconcili- Congress made in recent years to ber, December, January, February, ation bill would eliminate food stamp streamline and make the Food Stamp March, April—6, 7 months. That is $319 benefits for at least 250,000 individuals. Program more effective and to make to help pay heating for 7 months. This These are mainly working families welfare reform work. individual thought that was for 1 with children and legal immigrants. When the majority leader makes his month. I said: No, no, that is $319 for Right now in the Food Stamp Pro- motion to instruct conferees, I will be the year. And the price of natural gas— gram, if you are a legal immigrant— back in the Senate to offer a motion to we heat with natural gas in Iowa—has forget about illegal immigrants; illegal instruct conferees on the reconcili- gone up 40 percent in the last year. immigrants have no access to the Food ation conference committee to reject This program is desperately needed. Stamp Program. I hear that all the cuts to Federal food assistance pro- According to the Hawkeye Area Com- time, but they have no access to it and grams. I might add that we should have munity Assistance Program in south- they cannot get an electronic benefit a lot of bipartisan support. Senator east Iowa, LIHEAP funds are likely to card. But a legal immigrant must be SMITH of Oregon and I are joining to- run out in mid-January, one of the here 5 years before that person can gether to offer this amendment to in- coldest months of the year. Last week, qualify for food stamps. That is the law struct. I held a discussion in Spencer, IA, to right now. Now, they still have to meet There was also a letter written by a hear firsthand from some citizens. standards. In other words, they still number of Republican Senators re- Again, I want to tell you, these people have to meet the standards of anyone cently asking that we not make cuts in are not just concerned about the high else to be eligible, such as income the Food Stamp Program. I hope we cost of home heating; they are in standards, asset standards, and work can have a strong vote on this. We panic. requirements. They still have to meet should have a recorded vote. I will ask Now, because of a State law, they are these standards. Even if they meet for a recorded vote to send a strong sig- not going to have utilities cut off. But these standards, they still have to wait nal to the House of Representatives in order to qualify and pay their bills, 5 years. that the Senate will not accept their they may have to cut other necessities, The House extended it to 7 years. food stamp cuts. By voting for this mo- such as medical care, prescription These are legal immigrants. These are tion to instruct, the Senate can show drugs, clothes, other things.

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.053 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13493 One of the women I spoke with is on cuts in the Child Support Enforcement Reforms have made the program ef- disability. She is on an ‘‘even pay’’ pro- Program. Again, in the Senate last fective. Since 1996, there has been an gram. This is where you pay the same month when we debated the reconcili- 82-percent increase in collections. With amount every month so you do not get ation bill, I offered a sense-of-the-Sen- the House cut, deadbeat parents get hit with a big bill in the wintertime. ate amendment opposing the House’s off, kids suffer, and the goal of self-suf- Last year, with LIHEAP assistance, drastic plan to gut the successful child ficiency becomes less attainable for she paid 9 percent of her income on support program—a $4.9 billion cut. more custodial parents trying to stay heat—9 percent for heat. This year she The Senate accepted it on a voice vote, off of welfare. figures it will be about 13 percent. Her which around here is tantamount to Cutting this program is outrageous. I ‘‘even pay’’ monthly bill—get this— unanimously accepting something. urge my colleagues again to send a last year was $39 a month. This year it It is not right, it is not ethical, it is loud and clear message to the House is $68 a month, a 75-percent increase. not moral to cut a program that gave and the American people that the Sen- This is a person with a disability, liv- crucial funds to over 17 million chil- ate will not accept these cuts in the ing alone, trying to heat her house. dren last year. But the bill approved by Child Support Enforcement Program. For another woman, her even-pay bill the House would slash funding for child Again, I wanted to talk about those was $72 a month last year. This year it support enforcement efforts by 40 per- three. Now I will offer one motion with is $84 a month. The testimony I lis- cent over the next 10 years. Senator SMITH. Senator KOHL is going tened to from these women is backed Again, CBO estimates that as a re- to offer another. Senator REED of up by hard data. According to a state- sult of these cuts, more than $24 billion Rhode Island and Senator COLLINS will wide Iowa survey, more than 20 percent in delinquent payments will go uncol- be offering another. of households receiving LIHEAP report lected in the next 10 years. This is Last evening, we met, conferees met going without needed medical care or money that goes directly to feed and on the Labor, Health and Human Serv- prescription drugs—1 out of 5. More clothe children. The biggest negative ices, Education appropriations bill. As than 10 percent reported going without impacts will be felt by children living you know, the Senate passed their food in order to pay their heating bill. in poverty and children in low-income version. The conference was abysmal in And I can tell you the numbers are households. In my home State of Iowa, that the House insisted on all their going to skyrocket this winter. it is estimated that collections will provisions. It went back to the House. Last winter, about 86,000 Iowa house- drop by more than a third in the first The House defeated it. So we went back holds received an average of $317 in year. to conference again last night. LIHEAP assistance. Keep in mind that Now, keep in mind, this is not Gov- I pointed out that there are three is for the year. Most years, everyone ernment money going out for child sup- avenues of cuts that are going to hurt who applies gets some level of assist- port. This is the Government money we low-income families right before ance. But this year we are not so cer- send out to States to help them collect Christmas, at least Christmas to those tain of that. child support from deadbeat dads. I of us who are of the Christian faith. Community services agencies are think that is something we all support. Think about what is happening right being deluged with calls from panicked Yet if you take away the funding that before Christmas. senior citizens and others who simply helps them go out and collect it, CBO We are going to cut programs for do not know how they are going to stay estimates $24 billion will go uncol- some of the most vulnerable of our citi- warm. Many have had their utilities lected in the next 10 years. zens in the Labor-HHS appropriations cut off and they cannot make the past- For families in poverty who receive bill. We are cutting Head Start. We are due payments to get them turned back child support, those payments account cutting assistance programs in health. on. Others are being threatened with for an average of 30 percent of their in- We are cutting programs such as cutoffs just as we head into winter. come. LIHEAP that give people a little hope Of course, the catch-22 situation Why is the House doing this? Why that they will have enough money to most people do not understand is that would the House want to pull the rug pay their fuel bills. We have all these you cannot qualify for LIHEAP if your out from underneath our efforts to col- cuts coming in the Labor-HHS bill. gas or electricity has been cut off. lect child support payments—child sup- But that is not the end of it. We now Let’s say you did not make your pay- port payments that benefit the most have this reconciliation bill that is ments this summer, so they did not vulnerable, disadvantaged, neglected going to cut the very things I talked connect you back up. You cannot qual- children in our society? Well, they are about—the child support enforcement ify for LIHEAP now. doing it in order to make room for yet program, Medicaid, food stamp cuts. So The other thing is a lot of low-in- another $60 billion in tax cuts—tax we are going to whack the poor right come families who live in a small town cuts that overwhelmingly benefit our before Christmas with the Labor-HHS- or rural area, such as I do, heat their wealthiest citizens. Education appropriations bill. We give home using propane. I have a propane Child support payments helped lift them another backhand in the rec- tank outside my house. That is how we more than 1 million Americans out of onciliation bill, if we take what the heat our houses in small towns. Well, poverty in 2002. As a result of what the House has. And then there is one more when they deliver propane, you pay for House did, many of these people—and coming. It is my understanding that the whole thing at one time. That is these are mostly children—will go back the DOD appropriations bill will have a unlike natural gas, for which once you into poverty. This is cruel. It is coun- 1-percent across-the-board cut in these have it coming in, they cannot cut you terproductive. Talk about penny wise discretionary programs, another cut to off. If you cannot pay your propane and pound foolish. Because you take the most vulnerable of our citizens. bill, you do not get it delivered. That this away, these families will fall back So right before Christmas, we say to hurts poor people in small towns such into poverty. They then will end up on the poor in this country, to the low-in- as mine. That is another thing we have food stamps, Medicaid, TANF, Tem- come families working and struggling to remember as to people who live in porary Assistance for Needy Families, to pay their heating bills, keep their small towns and communities who heat other forms of public assistance—un- families together, trying to make it their homes with propane. less you cut those, too. And guess through the winter: Hang your stock- We can do better. We need to boost what. The House bill cuts food stamps, ings. And guess what this Congress is the LIHEAP funding. I hope the motion cuts Medicaid, disconnects the food going to put in them. Three lumps of that will be offered by Senator COLLINS stamps from the TANF program. Think coal. and Senator REED to instruct the con- about what the House is doing here. That is what we are doing to the ferees to add $2.92 billion in funding for According to the Office of Manage- poor. I can’t believe we are doing this LIHEAP will again be supported by an ment and Budget, for every $1 we spend right before Christmas. Yet right be- overwhelming majority of the Senate. on child support, $4.38 is recovered for fore Christmas, we are going to try to Mr. President, there is one last one. families in child support payments. enact a tax cut of which over 50 per- A motion will be offered by Senator Not a bad deal. The President even cent goes to people making over $1 mil- KOHL to instruct conferees to reject praised this program. lion. If my figures are right, I think

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.055 S13DEPT1 S13494 CONGRESSIONAL RECORD — SENATE December 13, 2005 less than 7 percent of the money in the we had before. Hopefully, there will be ple who are cheating the system, who tax cuts goes to people making less a new spirit across the Capitol in that are squandering money that would oth- than $50,000 a year. Ninety percent goes House Members will agree to go along erwise go to people who have needs to people making over $100,000 a year. with the Senate provisions and not cut when those people who don’t have The most vulnerable people work for food stamps and LIHEAP and the child needs are stealing from the system. I the minimum wage, people who are support enforcement program, among a think it is important for the record to making 8 bucks an hour. Guess what number of others. reflect that. that is a year? That is 16,000 bucks a We await the majority leader making Mr. ROCKEFELLER. Mr. President, year. Try feeding two or three kids on his motion. Until that point, I yield this budget is about choices. We in that. the floor and suggest the absence of a Congress can choose to protect Med- I don’t understand how we can do quorum. icaid, the Federal safety net for over 50 this at this time of year. I don’t under- The PRESIDING OFFICER. The million Americans, by supporting the stand how we can do it at any time of clerk will call the roll. Baucus motion to instruct. The bill clerk proceeded to call the year. But you would think now our Or we can turn our backs on the mil- roll. consciences would bother us in making lions of working families who would Mr. COBURN. Mr. President, I ask these kinds of cuts. It is almost as if otherwise be uninsured without the unanimous consent that the order for this Congress is trying to rewrite Federal guarantee of Medicaid benefits Charles Dickens’ ‘‘Christmas Carol.’’ the quorum call be rescinded. The PRESIDING OFFICER. Without by giving States the green light to Remember Scrooge in the ‘‘Christmas charge more in monthly premiums Carol’’ has a change of heart at the end objection, it is so ordered. The Senator from Oklahoma is recog- than are charged in monthly premiums and sees clearly what the spirit of under Medicare; by allowing Medicaid Christmas is all about. It is as if this nized. Mr. COBURN. Mr. President, I come cost-sharing that can grow six times Congress is rewriting Charles Dickens’ faster than wages; by permitting tale and Scrooge does not have a to the floor to advise the American public. We just heard a very eloquent States to provide fewer Medicaid bene- change of heart right before Christmas. fits to recipients in rural areas than It is as if this Congress, if we proceed talk by the Senator from Iowa on the motion he plans to offer to instruct those offered to recipients in urban down this path—and it looks as though areas; and by asking hospitals, phar- that is where we are headed—truly will conferees on food stamps, but I think it is very important that the American macists, and other health care pro- be the Scrooge who is stealing the food viders to continue to participate in the from young kids, taking away hope people recognize that 1 out of every 19 people in this country who receive food Medicaid program even if they cannot that low-income families have, de- cover their costs. stroying the hope a lot of low-income stamps receive them illegally. In other families have. All for more tax cuts for words, they are not eligible. If the Senate recedes to the House on some of the most privileged people. In this motion to instruct, it states Medicaid, then we will begin to undo We all have friends, a lot of friends in No. 5: one of the most important social pro- who make a lot of money. I don’t hear The Food Stamp Program operates effi- grams of our time. And people and them clamoring for these tax cuts. In ciently and effectively with its error rate at health care providers in our respective fact, what I hear them saying is: Why an all-time low. States will suffer greatly. In West Vir- are you doing this? Why don’t you take It is at an all-time low. It is 6.64 per- ginia, nearly 20 percent of our State’s care of the business of the country? cent. In other words, 1 out of 14 who population—over 350,000 people—depend Why don’t you do something about are getting food stamps have an error on Medicaid for access to health care. education and health care and getting associated with what they are receiv- Not only is it unfair to consider such people out of poverty and getting peo- ing, or 1 out of 15 or 16. But in terms of draconian changes to the Medicaid Pro- ple jobs and getting people work? That overpayments, 5.5 percent of the money gram in the context of meeting an arbi- would be a better use than giving the spent, $1.6 billion, is spent on food trary budget number, it is also unwar- rich a few more dollars with which to stamps to people who don’t qualify. ranted. buy another diamond or a wristwatch An easy way for us to control food Some of my colleagues have argued that costs $25,000. I saw a wristwatch stamps is to make the error rate less— that Congress must reduce spending in advertised in the paper for $25,000. Why in other words, to do a better job—in- Medicaid in order to decrease the Fed- would anyone buy a wristwatch for stead of to gloss over and say we don’t eral deficit. I would remind my col- $25,000. All it does is tell the time. have a problem here and it is running leagues that this budget does not de- I have a watch. It might have cost efficiently and effectively. Anybody crease the Federal deficit. Instead, this me about 75 bucks. I have had it for 10 else in their own personal budget, if budget could increase the Federal def- years. I had it repaired once. they were paying out 5.5 percent more icit by $10 to $20 billion over the next I don’t mind if people who have a lot than what they should be, would be 5 years. And that is not even consid- of money want to spend it that way. quick to change that. ering the cost of adding more tax cuts. The Federal financial management But why are we cutting the taxes for Even more important is the fact that oversight subcommittee which I chair these people and then, to make it up, there are other options on the table be- had a hearing this year. It is true, they cutting food stamps? It would be one sides Medicaid that provide more than have reduced the error rate some. But thing if you could say with a straight enough savings to meet the $10 billion a 6.9-percent overall error rate is unac- face: We have to do it to cut the def- budget target set by Congress. Reduc- ceptable, and a 5.5-percent overpay- icit. But guess what. Under this rec- ing Medicare overpayments to HMOs ment rate is highly unacceptable. In a onciliation bill the deficit goes up, not saves nearly $12 billion over 5 years time of tremendous budget deficits, in down. So with the tax cut we get a big- alone. ger deficit. And then we are still cut- a time of war, and a time of natural ting food stamps, Medicaid, LIHEAP, disasters that have hit us greater than America has a moral obligation to and a number of other programs that we have ever seen, accepting 5.5 per- take care of its most vulnerable citi- are out there that help low-income peo- cent and saying we can’t do better is zens. Programs that help low-income ple. unacceptable. It is unacceptable by ev- working families improve their lot in I hope at this time of year especially erybody who lives by a budget out life should be the last resort when it we will think long and hard about what there who is an American citizen. For comes to balancing the budget. we are doing around here and that we us to have a motion to instruct to say Not supporting this motion to in- will come to our senses. The Senate that is good, that is effective, that is struct fails our Nation’s pregnant has acted well. We acted in a good, bi- efficient, it is not the truth. women, children, the elderly, and the partisan fashion to do these things. I We need to be cognizant of the fact disabled. hope tomorrow when we vote on the that we have a long way to go to help I urge my colleagues to support this various motions to instruct, we will those people who need us with food but motion to instruct. The quality of life have that same bipartisan approach as at the same time to not help those peo- of 50 million Americans depends, on it.

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.056 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13495 HONORING OUR ARMED FORCES this country and for his profound com- Sergeant First Class Parrott and his CORPORAL JONATHAN F. BLAIR mitment to freedom, democracy, and wife both disagreed with U.S. policy in Mr. BAYH. Mr. President, I rise peace. When I think about this just Iraq, but he did not shrink from his du- today with a heavy heart and deep cause in which we are engaged and the ties. Instead, he rose honorably to sense of gratitude to honor the life of a unfortunate pain that comes with the serve his Nation in the time it called brave young man from Fort Wayne. loss of our heroes, I hope that families for his aid. Jonathan Blair, 21 years old, died on like Jonathan’s can find comfort in the Mr. President, what becomes clear November 19 in Bayji, Iraq when a words of the prophet Isaiah, who said, upon reflection is that SFC Mike Par- roadside bomb exploded near his vehi- ‘‘He will swallow up death in victory; rot loved this Nation. He loved its spir- cle during a combat operation. With and the Lord God will wipe away tears it of dissent and discussion. He loved his entire life before him, Jonathan from off all faces.’’ its wide open spaces and natural won- risked everything to fight for the val- May God grant strength and peace to ders. He loved it for providing him the ues Americans hold close to our hearts, those who mourn, and may God be with opportunity to be with his wife and in a land halfway around the world. all of you, as I know He is with Jona- family, his friends of so many years Remembered for his thoughtfulness than. that gave him so much. He was the em- and patriotism, Jonathan joined the REMEMBERING ARMY SERGEANT FIRST CLASS bodiment of Voltaire’s remark: ‘‘I may Army shortly after graduating from MICHAEL C. PARROTT disagree with what you have to say, Elmhurst High School in 2002. The at- Mr. SALAZAR. Mr. President, I rise but I shall defend, to the death, your tacks of September 11 inspired him to to reflect for a moment on the service right to say it.’’ consider military service, but Jona- and life of SFC Michael Parrott of To the family of SFC Mike Parrott, than also saw the military as a gate- Tinmath, CO. Sergeant First Class including his wife Meg Corwin and his way to further knowledge and a poten- Parrott was tragically killed last mother Suzanne Parrott, know that tial ticket to a higher education. One month while serving this Nation in the thoughts and prayers of an entire of his high school teachers fondly re- Balad, Iraq. Today would have been Nation are with you today. We are counted to the Fort Wayne Journal Ga- Sergeant First Class Parrott’s 50th grateful for Mike’s courageous service zette that Jonathan was a patriotic birthday. to the people of America and Iraq. The and ‘‘cerebral’’ student who would con- Mike Parrott was a native of Canton, values he lived by will remain far be- template fully any answer in class. An- NC, where he graduated from Pisgah yond our time on this Earth, a humble other teacher remembered, ‘‘Jonathan High School in 1974 and went on to earn legacy that will live on in every life he challenged you as a teacher to make a degree from the University of North touched. him better as a student; he was just a Carolina at Asheville. His 6-foot-tall A FALLEN HERO: ARMY SERGEANT LUIS R. really interesting kid.’’ frame made him hard to miss in a REYES Jonathan was killed while serving his crowd, but it was his easy smile and Mr. President, I also wish to reflect country in Operation Iraqi Freedom. brown eyes that first drew the atten- on a life of promise taken too soon He was a member of the 1st Battalion, tion of his wife, Meg, when she was a from us—Army Sergeant Luis Reyes of 187th Infantry Regiment, 3rd Brigade student at UNC-Asheville almost two my home State of Colorado. Combat Team of the 101st Airborne Di- decades ago. Mike Parrott was honest, Sergeant Luis Reyes was 26 years old, vision based at Fort Campbell, KY. opinionated, and unafraid to speak his a member of the 947th Engineer Com- Today, I join Jonathan’s family and mind. His wife, Meg, knew how unique pany of the Colorado National Guard friends in mourning his death. While Mike was when she discovered that he based out of Durango. He was killed in we struggle to bear our sorrow over kept Voltaire in his bathroom. They Kuwait while on his way to Iraq. this loss, we can also take pride in the celebrated their 19th wedding anniver- A native of Denver, Luis was a hus- example he set, bravely fighting to sary last month. band of 6 years to his wife, Christina, make the world a safer place. It is his Mike Parrott was an avid fan of the and a father of two: Sienna and Nikko. courage and strength of character that outdoors and could often be found Luis was devoted to his family and people will remember when they think biking, camping and hiking, activities community, a man known for helping of Jonathan, a memory that will burn he and Meg often enjoyed together. his friends and neighbors with repair brightly during these continuing days Mike rode his bike to and from work, jobs and who loved to work on his of conflict and grief. and made it a point to run every day. truck. Jonathan was known for his dedica- In fact, this past year, on the day of After graduating Montbello High tion to his family and his love of coun- the Leadville Marathon, Sergeant First School in Denver in 1997, Luis enlisted try. Today and always, Jonathan will Class Parrott laced up his running with the Army and married Christina be remembered by family members, shoes and ran 26.2 miles in the blazing after finishing basic training. He had friends, and fellow Hoosiers as a true Iraqi heat. just re-enlisted for another 3-year term American hero, and we honor the sac- Sergeant First Class Parrott was a with the Army and in one of his last rifice he made while dutifully serving true American patriot. Sergeant First phone calls home marveled to his wife his country. Class Parrott served in this Nation’s about his service in the Middle East, As I search for words to do justice in armed forces for more than 15 years in telling her it was a ‘‘whole other honoring Jonathan’s sacrifice, I am re- active and reserve duties. Three years world.’’ minded of President Lincoln’s remarks ago, he signed up for the National When Sergeant Reyes was killed, his as he addressed the families of the fall- Guard, looking to reach his 20 years of unit was on its way to help Iraq with en soldiers in Gettysburg: ‘‘We cannot service. He was a member of the 115th the complicated task of rebuilding its dedicate, we cannot consecrate, we Field Artillery Brigade in Cheyenne infrastructure and roads. It was an im- cannot hallow this ground. The brave and was on loan to the 28th Infantry of portant mission, which will allow the men, living and dead, who struggled the Pennsylvania Army National far-flung villages of Iraq to connect here, have consecrated it, far above our Guard at the time of his death. He had once more with each other and foster poor power to add or detract. The already completed a year’s tour in Ku- the blessings of liberty. world will little note nor long remem- wait with his Wyoming unit but signed A friend of Sergeant Reyes remember what we say here, but it can never up as a loaner to return to Iraq. bered him as a man who would go forget what they did here.’’ This state- Sergeant First Class Parrott was an ‘‘above and beyond’’ the call of duty. ment is just as true today as it was inspiring leader for the men who served With his service to this Nation, Luis nearly 150 years ago, as I am certain under him, some less than half his age. Reyes did just that. He could have that the impact of Jonathan’s actions They looked up to his leadership and stayed with his young family in the will live on far longer that any record calm, affectionately calling him ‘‘The safe confines of Aurora. But he had a of these words. Old Man.’’ Sergeant First Class Parrott passion for serving this Nation and ac- It is my sad duty to enter the name believed that he had a mission to help cepted great risk on behalf of all of us. of Jonathan Blair in the official record younger soldiers. He looked forward to Isaiah 25:8 teaches us, ‘‘The Lord will of the U.S. Senate for his service to being a mentor. swallow up death in victory; and the

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.019 S13DEPT1 S13496 CONGRESSIONAL RECORD — SENATE December 13, 2005 Lord will wipe away tears from off all far to go in preventing this tragic dis- homeless having lost their life’s posses- faces.’’ To Sergeant Reyes’s wife, ease, including here at home. sions in this tragic event. Christina, and his two young children, We have experienced many medical As Pakistan approaches the bitter his mother Tomasa and his brother miracles in the form of drugs that help winter months, many are still without Roger, the thoughts and prayers of an people diagnosed with HIV/AIDS live adequate shelter. The United Nations entire Nation go with you during this healthier longer. Yet, we seem to be estimates that at least 350,000 will re- difficult time. Luis served this Nation able to fund less and less of the serv- main in the mountainous regions of with honor and distinction and has left ices that help individuals stay healthy Pakistan through the winter and will all of us forever in his debt. For that, and maintain the structure of their require sufficient food and materials to we all offer our humble thanks. lives. winterize their tents in order to sur- TRIBUTE TO SPECIALIST GREGORY L. TULL I was recently visited by constituents vive. Exacerbating the situation is the Mr. GRASSLEY. Mr. President, I rise who were either HIV positive or had recent cancellation of helicopter sor- today to honor one of our country’s full-blown AIDS. They told many mov- ties that deliver humanitarian relief bravest, SPC Gregory L. Tull of ing stories about how their lives had due to deteriorating weather condi- Pocohontas, IA. Specialist Tull sadly been made better by programs that tions. In addition, UNICEF is con- died November 25, 2005, after an impro- help them get health services, pay for ducting a massive immunization cam- vised explosive device detonated near their drugs, rent and provide other sup- paign to vaccinate individuals from the his Humvee in Al Anbar province in port services. Many of these programs measles following an outbreak at a Iraq. Specialist Tull served with the are through the Ryan White Act. camp outside of Muzaffarabad in early Iowa Army National Guard’s 1st Bat- The unmet need grows daily. For ex- December. For all these reasons, it im- talion, 194th Field Artillery based in ample, in Portland, the Russell Street perative that countries honor their Storm Lake, IA. He was only 20 years Dental Clinic provides about $60,000 commitments to this ravaged country old. worth of services to HIV patients each to ensure humanitarian relief is pro- I ask that all Americans join me in month compared with about $15,000 a vided to the victims of this tragedy. remembering and honoring Specialist month 3 years ago. In 2003, a study was To date, the international commu- Tull. He was an upstanding and coura- released that documented the service nity and private industries have geous soldier who fell far before his gaps in Oregon. The list of services for pledged aid for relief an reconstruc- time. Our country has survived these which there is not enough funding to tion, and the United States has led the many years due to the brave men and meet the need is long and includes den- effort. After recognizing that our origi- women who have served in our Armed tal care, help with legal affairs, coun- nal pledge of $50 million would be inad- Forces, and it greatly saddens me to seling, housing and help in paying rent equate to assist the victims, the United announce that another young man has or utilities, and transportation. States substantially increased the made the ultimate sacrifice for our Despite an increased number of peo- amount of aid to Pakistan by pledging country and for the freedom of Iraq. ple living with HIV/AIDS, Ryan White a total of $510 million. LTC Gregory Hapgood of the Iowa funding has decreased. Many of the In addition, the United States has Army National Guard remembered that programs my constituents tell me help provided rescue teams and aircraft to Specialist Tull was ‘‘a good guy that them are through Title I of the Ryan assist in locating victims in remote didn’t shrink from responsibility,’’ and White Act. This title provides the vital areas. The U.S. military has helped de- was someone who ‘‘wanted in on the core services of Medical care, mental liver humanitarian supplies, as well as action.’’ During this crucial time in health and substance abuse treatment, evacuating casualties from the region. America’s history, we should all re- dental care, and case management. Currently a Mobile Army Surgical Hos- member Greg Tull’s courage and dedi- The Oregon AIDS Drug Assistance pital, MASH, unit has been established cation to his country. Program has had to change eligibility in the most devastated parts of the We should also stand with Specialist and take other steps to limit enroll- country to perform urgent surgery and Tull’s parents, Eileen and Gary, and ment because of budget constraints. attend to less critical patients. his brother, Bryan, and all his family This program helps individuals with While I applaud these efforts, we in their time of grief. Our thoughts and their drug costs. I view it as a wise in- should remember that Pakistan has prayers also go out to Gregory’s vestment because it helps people stay been a critical ally in the war on ter- friends, classmates, and all others who healthier, working, and productive. ror. Unfortunately, our image in the were lucky enough to know him. Greg What I have heard from my constitu- Muslim world has been distorted Tull did not die in vain, but rather ents is sheer frustration that the pro- though propaganda and misperceptions gave his life defending America and grams they know work are yet again of America’s intent in the Middle East. promoting freedom around the world. on the chopping block. I share their Humanitarian aid can assist in dispel- He will be sorely missed but also fondly frustration. An investment in health ling these myths and will clearly dem- remembered. care, whether abroad or in our own onstrate that the American people are f country, an investment in a commu- deeply compassionate toward all those nity and in making that community WORLD AIDS DAY in need. healthier. I hope Congress keeps this in With the upcoming winter months, it Mr. WYDEN. Mr. President, Decem- mind as we face difficult decisions will be vital that the international ber 1, was World AIDS Day, and I want- about funding in the future. community continue to honor the com- ed to take this time to both acknowl- I ask unanimous consent that my re- mitments it has made to Pakistan. I edge the good work that is done around marks be printed in the RECORD. believe that the United States should world to prevent and treat this disease f lead these efforts. We have a moral ob- and to acknowledge the need is still ligation to reach out and assist those great around the world and in our own HUMANITARIAN ASSISTANCE FOR PAKISTAN who are so desperately in need, and I country to fund prevention, treatment, look forward to working with my col- and support. Mr. JOHNSON. Mr. President, this leagues to ensure the victims of this AIDS kills 3 million people each past year, the world has witnessed mul- earthquake receive adequate humani- year, and 13,500 people are newly in- tiple natural disasters including the tarian assistance. fected each day. AIDS has already left tsunami in South Asia and Hurricane 15 million orphans in its wake. The Katrina in the gulf coast. Most re- f theme of World AIDS Day 2005 was cently, the devastating earthquake ‘‘Keeping the Promise.’’ To date, the that struck northern Pakistan in early ALLOWING A CONTINUING United States has led the world in con- October has been equally catastrophic. FRIENDSHIP tributions to the Global Fund, pro- More than 73,000 people were killed in Mr. ALLARD. Mr. President, I rise viding one-third of all contributions. the immediate aftermath, while tens of today to discuss the future of Air Force However, the statistics tell us that thousands more were wounded. Just as TSgt. Jamie Dana and her working while we have come far, we still have troubling, millions more have been left military dog Rex.

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.029 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13497 When our Nation’s leaders called STOLEN VALOR ACT said, ‘‘American Jews, and all Ameri- thousands of men and women in uni- Mr. BURNS. Mr. President, today, I cans, are profoundly critical of this form to liberate Iraq from its most bru- join my colleagues, Senators CONRAD, war and they want this administration tal dictator, Technical Sergeant Dana VITTER, SALAZAR, NELSON, JOHNSON, to tell us how and when it will bring was among those brave citizens for CHAMBLISS, THUNE, HAGEL, ISAKSON, our troops home,’’ and called the Iraq whom the duty to her country comes LAUTENBERG, DOLE, and STEVENS, in war ‘‘unjust.’’ The resolution reversed before all other luxuries. Technical cosponsoring S. 1998, the Stolen Valor a 2002 URJ endorsement of the war and, Sergeant Dana joined the Air Force in Act of 2005. according to news accounts, was adopt- 1998 and volunteered to serve in Iraq. During this Christmas season, our ed with very limited debate and only Her assignment included supporting forces are deployed around the world, one person speaking against it. Army personnel by clearing vehicles at and many serve in hostile locations. As the Republican Jewish Coalition checkpoints and searching buildings Our service men and women continue ad states, the URJ statement that for booby traps and explosives. Jamie to make great sacrifices abroad to en- American Jews oppose President Bush was never alone while performing her sure our safety here at home. It is our on Iraq is misleading and wrong. The duties in Iraq. She was accompanied by duty to recognize and honor that sac- URJ does not speak for me. Nor does it a working military dog, Rex, a 5-year- rifice and heroism. Unfortunately, speak for all reform Jews or for the old German shepherd. The duo had some civilians have created elaborate American Jewish community. trained together in the military fo 3 lies to claim some of this honor as The Republican Jewish Coalition ad years and deployed as a team first to their own. carries the signatures of 180 leaders Pakistan and then Iraq. I am disturbed by stories of these and prominent figures in the Jewish community. In addition to my name, Last June, after completing another despicable frauds who have tried to fal- sify heroic military records. These peo- among those signing the newspaper ad mission, Technical Sergeant Dana and ple wear medals that they did not earn, are my colleague in the other body Rex were traveling in an armored and claim honors which they do not de- Representative ERIC CANTOR of Vir- humvee when a roadside bomb exploded serve. This type of lie strikes at the ginia, Hawaii Governor Linda Lingle, under her seat. She suffered severe very heart of the honor of our military and two former chairmen of the Con- wounds resulting in massive internal and our Nation. ference of Presidents of Major Amer- bleeding that required 19 blood trans- We must act now to protect the rep- ican Jewish Organizations, James fusions. ‘‘The helicopter ride was the utation of our military heroes with the Tisch and Kenneth Bialkin. Other sign- scariest 45 minutes of my life,’’ remem- full force of law. Those who seek to ers include rabbis and cantors; as well bers Major Paul Morton, a member of steal recognition that they have not as State and local elected officials. the medical trauma team who helped earned must be held accountable and The Republican Jewish Coalition ad save Jamie’s life. brought to justice. The Stolen Valor contains several other important mes- Even when facing death, Technical Act of 2005 does just that by enhancing sages. It notes that we support the Sergeant Dana never stopped thinking penalties for making false claims in re- President and the war on terror. We stand behind our troops and their mis- about her friend and comrade Rex. gard to personal medals awarded for sion of creating a safe, democratic While recuperating from the injuries combat action and valor, such as the Iraq. This mission is vital, says the ad, she suffered in Iraq, Rex has always Purple Heart, Distinguished Service not only for the continuing fight been in Jamie’s prayers. Although her Cross, Navy Cross, Air Force Cross, Sil- against terrorism and the stability of future in the Armed Forces remains ver Star, or Congressional Medal of the Middle East, but also for making uncertain to this day, Dana never ques- Honor. This law will allow law enforce- the world a safer place for our children. tions her decision to go to war. As she ment officials to prosecute individuals I believe this message of support is par- stated in a recent interview, ‘‘I had who falsely claim to be recipients of ticularly important as the Iraqi people begged for it. I wanted to deploy. You these awards, and perpetrators may re- prepare to vote for a permanent gov- want to feel like you’re a part of it.’’ ceive a sentence of up to 1 year as a result. ernment later this week. After her military duty is over, Tech- As a veteran, I will always seek to We can never surrender to terrorism. nical Sergeant Dana plans to become a protect the honored place of our mili- Those who attacked us on September different kind of vet—a veterinarian, a tary heroes. I cherish the sacrifices of 11, 2001, will not hesitate to do so again profession that I admire. Dana asked all veterans, and I will continue to do if given the opportunity. We dare not the Air Force for permission to adopt everything in my power to support and encourage them by weakness and vacil- her beloved friend, and I commend the protect their interests. I look forward lation in our unrelenting war on terror. leadership of the Air Force and Senator to working with my Senate colleagues I commend the Republican Jewish WARNER for their efforts to find a legis- to pass this important piece of legisla- Coalition for its leadership on this lative solution to Jamie’s request. I tion. vital issue. I am proud to stand with fully support the inclusion of this solu- them in defense of freedom. f tion in the Defense authorization con- f ference report. The work of our Na- REPUBLICAN JEWISH COALITION ADDITIONAL STATEMENTS tion’s military and political leaders AD SUPPORTING WAR ON TERROR demonstrates their willingness to ex- Mr. COLEMAN. Mr. President, Free- press our humble gratitude to those dom is Worth Fighting For. That is the CALIFORNIA HIGHWAY PATROL who proudly wear our Nation’s uniform headline of a full page advertisement OFFICER DAVID MARIN ROMERO: and endanger their lives to protect the today in The New York Times. I was IN MEMORIAM freedom that we often take for granted. proud to add my name to this strong ∑ Mrs. BOXER. Mr. President, Today I Jamie’s story traveled thousands of statement in support of our troops and rise to honor and share with my col- miles and warmed the hearts of her fel- our President in fighting the war on leagues the memory of a remarkable low Americans, as well as political and terror. The ad is sponsored by the Re- man, Officer David Marin Romero of military leaders. publican Jewish Coalition, a grassroots the California Highway Patrol. Officer A simple act of Congress will allow organization based in Washington, DC, David Marin Romero spent 23 years Technical Sergeant Dana be reunited with five full-time offices, 41 chapters, with the California Highway Patrol, with Rex. Both Jamie and Rex gave and over 20,000 members across our Na- providing the citizens of California their best in the fight to protect the tion. with safety and service. On September ideals of liberty and courageously par- The ad takes strong exception to a 23, 2005, while on motor patrol in the ticipated in the spread of democracy resolution approved last month by city of Industry, Officer Romero was across the globe. The least this country about 2,000 members of the Union for struck and killed by a driver suspected can do to honor their service is to Reform Judaism—URJ—at a conven- to be under the influence of a con- allow this friendship to continue. tion in Houston. The URJ resolution trolled substance.

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.033 S13DEPT1 S13498 CONGRESSIONAL RECORD — SENATE December 13, 2005 The California Highway Patrol was reer, Nick demonstrated an unyielding quiet professional demeanor will be Officer Romero’s passion. He began his commitment to positively impact the sorely missed by Members, the Con- career with the California Highway Pa- lives of young people. gressional Research Service, and by the trol at the Riverside Station near his In his retirement, Nick generously Library of Congress. I would like to ex- home, and a year later he transferred lent his leadership and passion for com- tend our thanks to him for his efforts to the Sante Fe Springs Station, near munity service to a number of very on our behalf for the last three decades his childhood community. Romero worthy and empowering causes. As di- and to wish him the best in the years served the remainder of his career in rector of the Fresno Foster Grand- to come.∑ Santa Fe Springs, giving back to his parents Program, he spearheaded a vol- community. He loved riding his motor- unteer program for seniors to work f cycle and combined this with his pas- with children lacking parents and fam- COMMENDING THE INDIANA WEAP- sion for law enforcement to become a ilies. Nick also began a house-sharing ONS OF MASS DESTRUCTION organization to increase and enhance very successful motorcycle officer. Of- CIVIL SUPPORT TEAM older companionship. A powerful and ficer Romero’s colleagues shall always ∑ remember his infectious grin, practical determined advocate for the senior Mr. LUGAR. Mr. President, I rise jokes, and commitment to his job. community, Nick successfully con- today to commend the certification of Officer Romero was a devoted family vinced businesses to hire senior watch- the Indiana Civil Support Team and man. He is survived by his wife Sandra men to work late shifts. In 1984, he was the support it will provide the people of and children, Austin, Windsor, David, appointed by then-California Assembly Indiana in the event of an attack uti- Victor, and Vanessa. When he was not Speaker Willie L. Brown, Jr., to the lizing a weapon of mass destruction. on duty, Officer Romero enjoyed spend- California Commission on Aging and During this holiday season, many pre- ing time with his family, riding dirt Long-Term Care. Whereas some see fer not to think of the horrors associ- bikes, and coaching his children’s their golden years as a time to fade ated with nuclear, chemical and bio- sports teams. Officer David Marin Ro- into the background in public life, logical weapons, but the 22 members of mero served the State of California Nick embraced it as an opportunity to the 53rd WMD–CST don’t have that lux- honorably and conscientiously, and ful- continue to lead, to motivate others, ury. It is their job to help protect Hoo- filled his oath as an officer of the law. and to make good things happen. siers should a WMD attack occur in In- Officer Romero gave his life while as- Nick Bronzan devoted 70 of his 90 diana. sisting those in peril or distress. His years to community service. Nick self- On November 28, 2005, the Pentagon character, integrity, loyalty, and dedi- lessly gave his boundless energy, gen- announced that the Indiana Civil Sup- cation to law enforcement are greatly uine compassion, and precious human- port Team was fully ready to assist ity to uplifting and empowering those appreciated and will never be forgot- civil authorities in responding to a do- who are most often neglected in our so- ten. mestic weapon of mass destruction in- Officer David Marin Romero sac- ciety: the young and the old. Nick has cident. Stationed in Indianapolis, the rificed his life doing what he loved to left behind a legacy of service and the team possesses the requisite skills, do—providing protection for the com- admiration of those whose lives he training and equipment to make a dif- munity in which he was raised. We touched over the years. He will be dear- ference in assisting first responders ly missed. shall always be grateful for Officer Ro- and local officials in the critical mo- Nick is survived by his wife Peggy; mero’s heroic service and the sacrifices ments immediately following a nu- two daughters, Mary Bronzan and Ann clear, radiological, chemical or biologi- he made while protecting the commu- McDonald; son, Bruce; five grand- nity he loved.∑ cal event. The CST is able to deploy children and seven great-grand- rapidly, assist local first responders in f children. On December 11, more than determining the nature of the attack, IN HONOR OF THE MEMORY OF 200 members of his family and friends provide medical and technical advice, NICK BRONZAN gathered in Fresno to honor a rich life, and pave the way for the identification ∑ ∑ Mrs. BOXER. Mr. President, I rise well lived. and arrival of follow-on State and Fed- to honor the memory of the late Nick f eral military response assets. Bronzan, a tireless champion for young TRIBUTE TO LINWOOD CARTER In March 2004, I was pleased to join with Governor Kernan and Senator people and seniors in central Cali- ∑ Mr. LUGAR. Mr. President, I rise BAYH to announce the creation of the fornia. Mr. Bronzan, a long-time Fres- today to pay tribute to and recognize WMD–CST in Indiana. The team is no resident, passed away in the peace- the contributions of an individual who ful company of his family and loved has dedicated three decades of his life made up of highly skilled, full-time ones on December 4, 2005. He was 90 to serving the U.S. Congress. members of the Indiana National years old. Linwood B. Carter II began his career Guard and Reserve who have completed Nick Bronzan, the son of Yugoslavian with the Congressional Research Serv- 20 months of intense training. The immigrants, was a true son of Califor- ice in 1975 and will be embarking on a team is equipped with sophisticated de- nia’s Central Valley. He was born in well-earned retirement shortly after tection, analytical, monitoring, com- Stockton and spent his formative years the New Year. As an information re- munications and protective equipment in Manteca. A gifted athlete, Nick ex- search specialist in U.S. military and and is under the command and control celled as a football player at Fresno international security affairs, Linwood of Governor Mitch Daniels. This sig- State College. Admired by his coaches has responded to literally thousands of nifies another important step to ensur- and teammates for his great leadership congressional research requests over ing that our country, the State of Indi- qualities, Nick served as the captain of the years with a level of profes- ana, and our local communities are the 1939 championship team. sionalism and skill I have seldom en- prepared should we face terrorists Upon graduation, Nick taught math- countered. In carrying out our respon- armed with a nuclear, chemical or bio- ematics and coached a number of sibilities as legislators, we in the Sen- logical weapon. sports at Kerman High School for 5 ate and our colleagues in the House Last week’s announcement occurred years. Nick and his wife Peggy were be- confront a constant need for accurate with little fanfare and negligible public loved for all they did in both school and timely information; often it has interest. This is unfortunate because and community activities. He would been through the efforts of Linwood the threat posed by the proliferation of further his passion for helping young Carter that those responsibilities have weapons of mass destruction is the No. people by working for the YMCA in been met. His mastery of the Library 1 national security threat facing our Fresno, Tulare, and Culver City. In of Congress’s resources and the infor- country. 1961, Nick became the general sec- mational nooks and crannies in the Chemical weapons were introduced retary of the Fresno YMCA, and 7 years world of international security affairs on the battlefields of World War I. Nu- later, he was appointed as the execu- has been unsurpassed. clear weapons ended World War II. Bio- tive director of the Central Valley Linwood’s dedication to serving the logical weapons were components of YMCA. Throughout his professional ca- needs of Congress is unparalleled. His Cold War arsenals. The 20th century

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.046 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13499 witnessed the brutal use of these pow- tions of Washington, DC, New York, or and bombers have been eliminated. erful weapons by superpowers and na- Chicago. Similarly, toxins introduced Two-thirds of the Soviet Union’s stra- tion-states. Technological advance- into our food supply and distribution tegic bomber force and over half of its ments and the proliferation of weap- systems could spread disease and panic. strategic submarine force have been ons, materials and know-how have There is no silver bullet to these destroyed. made weapons of mass destruction ac- threats. U.S. security will be secured The Soviet Union also left behind cessible to a growing number of na- by small numbers of American Govern- enormous quantities of chemical and tional and non-state entities. ment officials and contractors working biological weapons materials. Russia Despite the threat of nuclear annihi- with former enemies to eliminate the declared a chemical weapons stockpile lation throughout the standoff between weapons that could threaten the future of 40,000 metric tons stored under ques- the United States and the Soviet of our country. It will also depend on tionable. A public accounting of the Union, it was unfathomable that a reli- American allies working closely and ef- Soviet biological weapons programs gious sect could acquire the means to fectively in detecting and interdicting has never been made, but it is believed attack a major metropolitan subway these weapons and local police officers, to be the largest and most advanced in system with biological weapons. Yet medical personnel, and guardsmen pre- the world. Tens of thousands of sci- the Aum Shinrikyo dispersed anthrax paring to respond to a WMD event. entists, engineers, and technicians had in a Tokyo train station in March 1995. Since the end of the Cold War, I have assisted in the development of the So- Who would have expected rebels from a worked with colleagues here in Con- viet Union’s weapons of mass destruc- remote region of the Caucasus to gress and the executive branch to de- tion. With the economies of Russia and threaten the detonation of a radio- fend the American people from these other republics in bad shape, many of logical weapon in a Moscow park? threats. I have often described the best these experts faced unemployment, and Chechens did that in November 1995. strategy to deal with the WMD threat concerns existed that they might have Even more difficult to believe would as ‘‘defense in depth,’’ layers of defen- an incentive to sell their skills to other have been the notion that the leader of sive efforts designed to stop a nuclear, countries and terrorist organizations. a deadly terrorist organization would chemical and biological weapon from In each of these cases, Nunn-Lugar has announce that it was the organiza- reaching our shores. responded with innovative dismantle- tion’s mission to acquire a weapon of The first line of defense is prevention ment strategy for the chemical weap- mass destruction and use it against the and entails activities at the source to ons stocks, elimination of biological United States. Osama bin Laden did stop weapons, materials and know-how weapons production capacity and secu- that in December 1998. from leaving their current locations. rity upgrades for pathogen collections, The use of a weapon of mass destruc- The second is detection and interdic- and partnering with the private sector tion in the United States could cripple tion and involves efforts to stem the to find long-term, peaceful employ- our economy, lead to the fall of our flow of illicit trade in these weapons ment for former weapons experts. Government, and threaten large seg- and materials at foreign and domestic Nunn-Lugar has also taken on for- ments of our population with disease borders. The third line of defense is cri- merly top-secret missions to remove and death. During the Cold War, the sis and consequence management and dangerous weapons and materials be- Soviet Union had the resources and in- requires domestic preparedness should fore they could fall into the wrong centives to carefully guard and main- such threats turn into hostile acts. In- hands. In November 1994, the United tain these weapons and the scientific dividually, each of these lines of de- States launched Project Sapphire to re- knowledge that produced them. But fense is insufficient; together, they move 600 kilograms of highly enriched the political collapse of the Moscow help to form the policy fabric of an in- uranium from Kazakhstan and ship it government was accompanied by a tegrated defense-in-depth. to Oak Ridge, TN. More recently, Oper- broader economic collapse throughout In 1991, I joined with Senator Sam ation Auburn Endeavor was carried out the vast nation. Not only did Russia Nunn and co-authored the Nunn-Lugar, in Georgia to remove HEU and trans- and the other successor states have few Cooperative Threat Reduction Pro- port it to Scotland. In Moldova, the resources for maintaining the Soviet- gram. The program’s goal is to address United States removed fourteen MIG– era arsenal, they could not even afford the threat posed by nuclear, chemical, 29s capable of launching nuclear weap- to adequately pay members of the mili- and biological weapons at their source. ons because of efforts by a number of tary and scientific community who had Over the program’s first decade and a rogue states to acquire them. responsibility for safeguarding the half it has focused on the threats ema- Despite the progress we made in the weapons and related technology. The nating from the former Soviet Union. former Soviet Union, the skills and ca- United States faced the grim possi- When the USSR crumbled, it had the pabilities of the Nunn-Lugar Program bility that weapons previously held in largest nuclear, chemical, and biologi- were confined to that geographical re- impenetrable Soviet facilities and cal arsenals in the world. The next day, gion. In 2004, Congress changed that by technology previously restricted to the four new independent countries approving the Nunn-Lugar Expansion minds and computers of elite Soviet emerged from the ashes with nuclear Act which authorized the use of up to scientists could be stolen or sold to the weapons. The totalitarian command $50 million in Nunn-Lugar funds for ac- highest bidder. and control system that secured the tivities outside the former Soviet As a country, we must acknowledge chemical and biological weapons arse- Union. This authority will be used for that the weapons that haunted the nals and infrastructure disappeared. the first time in Albania to destroy Cold War are now available to irra- Divisions of ballistic missiles, wings of nearly 16 tons of chemical weapons and tional and undeterrable foes. While the long-range bombers, and fleets of stra- consideration is being given for the threat of nuclear attack from the So- tegic missile submarines were left with program to work in Libya and coun- viet Union was awesome, it was cer- a bankrupt, dysfunctional master and tries in Southeast Asia. tain, in that we knew who and where numerous individuals and organiza- Earlier this year, I joined with Sen- our enemy was and had the ability to tions seeking to steal them. ator BARACK OBAMA to introduce legis- hold them at equal peril. The post–Cold The Nunn-Lugar Program has made lation focused on improving the capa- War security environment is anything excellent progress in eliminating these bilities of other nations to detect and but certain. Battles are no longer de- threats. Ukraine, Belarus, and interdict weapons and materials of termined by armored divisions taking Kazakhstan emerged as the third, mass destruction and bolstering, ex- and holding large swaths of territory, fourth and eighth largest nuclear pow- panding, and improving the second line nor is strategic competition marked by ers in the world. Today all three are of defense. The United States military the building of the biggest bomb or the nuclear weapons free. More than 6,760 and intelligence services cannot be ev- longest range missiles. A small group nuclear warheads, each capable of de- erywhere. We need the cooperation and of fanatics with the right contacts and stroying an American city, have been vigilance of like-minded nations if we resources can obtain and utilize a deactivated. Nearly 2,000 interconti- are to successfully detect and interdict weapon of mass destruction that could nental ballistic missiles fired from WMD threats before they can be used destroy or make unlivable large por- land-based silos, missile submarines, against their targets. The United

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.061 S13DEPT1 S13500 CONGRESSIONAL RECORD — SENATE December 13, 2005 States has constructed the Prolifera- The training proved its worth when Development (Domestic Policy Staff), and tion Security Initiative, which enlisted Indianapolis was confronted with the the Office of Administration; to the Com- the participation of other nations in threat of weapons of mass destruction. mittee on the Budget. EC–4770. A communication from the Acting the interdiction of WMD, but it lacks a Planned Parenthood clinics in Indian- Director, Defense Procurement and Acquisi- coordinated effort to improve the capa- apolis and New Albany and at St. Mat- tion Policy, Department of Defense, trans- bilities of our foreign partners so that thews Catholic Church and elsewhere mitting, pursuant to law, the report of a rule they can play a larger and more effec- received anthrax threats. We were re- entitled ‘‘Extraordinary Contractual Ac- tive role. lieved that the threats were deter- tions’’ (DFARS Case 2003–D048) received on The Lugar-Obama bill earmarks 25 mined to be false but proud to see the November 28, 2005; to the Committee on percent of the Nonproliferation, professional manner in which the city’s Armed Services. Antiterrorism, Demining, and Related first responders reacted to the threat EC–4771. A communication from the Acting Director, Defense Procurement and Acquisi- Programs account to address the short- and treated the potential victims. tion Policy, Department of Defense, trans- comings in the State Department’s re- Over the last 15 years, I have worked mitting, pursuant to law, the report of a rule sponse. If currently law, this would closely with both Bush administrations entitled ‘‘Subcontracting Policies and Proce- have amounted to $110 million this and President Clinton to safeguard the dures’’ (DFARS Case 2003–D025) received on year. Our bill goes one step further by American people from the threats asso- November 28, 2005; to the Committee on calling on the State Department to ciated with weapons of mass destruc- Armed Services. also commit 25 percent of annual for- tion. We still have much work to do, EC–4772. A communication from the Acting eign military financing amounts to na- Director, Defense Procurement and Acquisi- but the certification of the Indiana tion Policy, Department of Defense, trans- tions for the purchase of equipment to WMD–CST makes the people of Indiana mitting, pursuant to law, the report of a rule improve their ability to detect and safer. I am thankful that in the event entitled ‘‘Update of Clauses for Tele- interdict WMD. This would represent a of a WMD incident, the people of Indi- communications Services’’ (DFARS Case potent but flexible tool that could help ana will not be alone. Local first re- 2003–D053) received on November 28, 2005; to build a network of WMD detection and sponders and the WMD–CST will be the Committee on Armed Services. interdiction capabilities world wide there to provide assistance and exper- EC–4773. A communication from the Acting and contribute to U.S. national secu- ∑ Director, Defense Procurement and Acquisi- tise. tion Policy, Department of Defense, trans- rity. f mitting, pursuant to law, the report of a rule Senator OBAMA and I recently wrote entitled ‘‘Acquisition of Telecommuni- in the Washington Post that the United MESSAGES FROM THE PRESIDENT cations Services’’ (DFARS Case 2003–D055) States cannot stop the proliferation of Messages from the President of the received on November 28, 2005; to the Com- weapons of mass destruction alone. We United States were communicated to mittee on Armed Services. need the vigilance of like-minded na- the Senate by Ms. Evans, one of his EC–4774. A communication from the Acting Director, Defense Procurement and Acquisi- tions, but many of our potential part- secretaries. ners lack the capability to detect hid- tion Policy, Department of Defense, trans- f mitting, pursuant to law, the report of a rule den weapons and interdict shipments. entitled ‘‘Contract Administration’’ (DFARS We believe our legislation will address EXECUTIVE MESSAGES REFERRED Case 2003–D023) received on November 28, this gap. As in executive session the Presiding 2005; to the Committee on Armed Services. If weapons or materials of mass de- Officer laid before the Senate messages EC–4775. A communication from the Acting struction elude U.S. programmatic ef- from the President of the United Director, Defense Procurement and Acquisi- tion Policy, Department of Defense, trans- forts at the source, at international States submitting sundry nominations borders, and our own borders, the next mitting, pursuant to law, the report of a rule and withdrawals which were referred to entitled ‘‘Information Technology Equip- line of defense must take the form of the appropriate committees. help to local ‘‘first responders’’—the ment—Screening of Government Inventory’’ (The nominations received today are (DFARS Case 2003–D054) received on Novem- firemen, police, emergency manage- printed at the end of the Senate pro- ber 28, 2005; to the Committee on Armed ment teams, and medical personnel ceedings.) Services. who will be on the front lines. EC–4776. A communication from the Acting In 1996, I joined my colleagues Sam f Director, Defense Procurement and Acquisi- Nunn and PETE DOMENICI in offering MEASURES PLACED ON THE tion Policy, Department of Defense, trans- the Nunn-Lugar-Domenici ‘‘Defense CALENDAR mitting, pursuant to law, the report of a rule Against Weapons of Mass Destruction’’ entitled ‘‘Contract Modifications’’ (DFARS legislation. For the first time, it di- The following bills were read the sec- Case 2003–D024) received on November 28, ond time, and placed on the calendar: 2005; to the Committee on Armed Services. rected the professionals from the De- EC–4777. A communication from the White H.R. 4096. An act to amend the Internal partment of Defense, Department of House Liaison, Department of Education, Revenue Code of 1986 to extend to 2006 the al- Energy, Federal Bureau of Investiga- transmitting, pursuant to law, the report of ternative minimum tax relief available in a nomination for the position of General tion, Department of Health and Human 2005 and to index such relief for inflation. Counsel, received on November 28, 2005; to Services, the Federal Emergency Man- H.R. 4388. An act to amend the Internal the Committee on Health, Education, Labor, agement Agency, and the Environ- Revenue Code of 1986 to extend certain expir- and Pensions. mental Protection Agency to join into ing provisions, and for other purposes. EC–4778. A communication from the White H.R. 4440. An act to amend the Internal a partnership with local emergency House Liaison, Department of Education, Revenue Code of 1986 to provide tax benefits professionals in cities across the coun- transmitting, pursuant to law, the report of for the Gulf Opportunity Zone and certain try, including Indianapolis and Fort the designation of an acting officer for the areas affected by Hurricanes Rita and Wayne. position of Assistant Secretary, received on Wilma, and for other purposes. The Pentagon developed plans to sup- November 28, 2005; to the Committee on ply training and equipment to 120 cit- f Health, Education, Labor, and Pensions. EC–4779. A communication from the White ies across the country. In February EXECUTIVE AND OTHER 1998, the Nunn-Lugar-Domenici Domes- House Liaison, Department of Education, COMMUNICATIONS transmitting, pursuant to law, the report of tic Preparedness Program visited Indi- a vacancy in the position of Assistant Sec- anapolis and Marion County. Six hun- The following communications were laid before the Senate, together with retary, received on November 28, 2005; to the dred fifty first responders received Committee on Health, Education, Labor, and training to respond to nuclear, chem- accompanying papers, reports, and doc- Pensions. ical and biological incidents. In the uments, and were referred as indicated: EC–4780. A communication from the Dep- years that followed, thousands of addi- EC–4769. A communication from the Spe- uty Executive Director, Pension Benefit tional professionals received instruc- cial Assistant to the President and Director, Guaranty Corporation, transmitting, pursu- tion through the program’s train-the- Office of Administration, Executive Office of ant to law, the report of a rule entitled the President, transmitting, pursuant to ‘‘Benefits Payable in Terminated Single-Em- trainer program. In 2000, Fort Wayne law, the personnel report for personnel employer Plans; Allocation of Assets in Single- and Allen County received similar ployed in the White House Office the Execu- Employer Plans; Interest Assumptions for training under the Nunn-Lugar-Domen- tive Residence at the White House, the Office Valuing and Paying Benefits’’ (29 CFR Parts ici Program. of the Vice President, the Office of Policy 4022 and 4044) received on November 28, 2005;

VerDate Aug 31 2005 02:03 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.062 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13501 to the Committee on Health, Education, (FRL7722–6) received on November 28, 2005; to the report of the texts and background state- Labor, and Pensions. the Committee on Agriculture, Nutrition, ments of international agreements, other EC–4781. A communication from the Direc- and Forestry. than treaties (List 05–277–05–290); to the Com- tor, Regulations Policy and Management EC–4791. A communication from the Sec- mittee on Foreign Relations. Staff, Food and Drug Administration, De- retary of the Interior, transmitting, pursu- f partment of Health and Human Services, ant to law, a report regarding the future of transmitting, pursuant to law, the report of Rocky Flats National Wildlife Refuge; to the DISCHARGED NOMINATIONS a rule entitled ‘‘Medical Devices; General Committee on Energy and Natural Re- The Senate Committee on Com- and Plastic Surgery Devices; Classification sources. merce, Science, and Transportation of the Low Energy Ultrasound Wound Clean- EC–4792. A communication from the Sec- er’’ (Docket No. 2005P–0366) received on No- retary of Energy, transmitting, pursuant to was discharged from further consider- vember 28, 2005; to the Committee on Health, law, a report entitled ‘‘Report to Congress on ation of the following nominations and Education, Labor, and Pensions. Energy Savings Performance Contracts’’; to the nominations were placed on the Ex- EC–4782. A communication from the Regu- the Committee on Energy and Natural Re- ecutive Calendar: lations Coordinator, Centers for Medicare sources. Michael Joseph Copps, of Virginia, to be a and Medicaid Services, Department of EC–4793. A communication from the Direc- Member of the Federal Communications Health and Human Services, transmitting, tor, Office of Management, Department of Commission for a term of five years from pursuant to law, the report of a rule entitled Energy, transmitting, pursuant to law, the July 1, 2005. ‘‘Federal Enforcement in Group and Indi- Buy American Act Report for fiscal year Deborah Taylor Tate, of Tennessee, to be a vidual Health Insurance Markets’’ (RIN0938– 2004; to the Committee on Energy and Nat- Member of the Federal Communications AN35) received on November 28, 2005; to the ural Resources. Commission for the remainder of the term Committee on Health, Education, Labor, and EC–4794. A communication from the Ad- expiring June 30, 2007. Pensions. ministrator, Energy Information Adminis- EC–4783. A communication from the Regu- tration, Department of Energy, transmit- f lations Coordinator, Centers for Medicare ting, pursuant to law, a report entitled ‘‘An- INTRODUCTION OF BILLS AND and Medicaid Services, Department of nual Energy Review 2004’’; to the Committee JOINT RESOLUTIONS Health and Human Services, transmitting, on Energy and Natural Resources. pursuant to law, the report of a rule entitled EC–4795. A communication from the Assist- The following bills and joint resolu- ‘‘Medicare Program; Hospice Care Amend- ant Secretary, Land and Minerals Manage- tions were introduced, read the first ments’’ (RIN0938–AJ36) received on Novem- ment, Department of the Interior, transmit- and second times by unanimous con- ber 28, 2005; to the Committee on Health, ting pursuant to law, the report of a rule en- sent, and referred as indicated: Education, Labor, and Pensions. titled ‘‘Application Procedures, Execution EC–4784. A communication from the Regu- and Filing of Forms: Correction of State Of- By Mr. NELSON of Florida: S. 2084. A bill to direct the Consumer Prod- lations Coordinator, Centers for Medicare fice Address for Filings and Recordings, uct Safety Commission to issue regulations and Medicaid Services, Department of Proper Offices for Recording of Mining concerning the safety and labeling of port- Health and Human Services, transmitting, Claims’’ (RIN1004–AD77) received on Novem- able generators; to the Committee on Com- pursuant to law, the report of a rule entitled ber 28, 2005; to the Committee on Energy and merce, Science, and Transportation. ‘‘Medicare Program; Electronic Submission Natural Resources. By Mr. BAUCUS: of Medicare Claims’’ (RIN0938–AM22) re- EC–4796. A communication from the Direc- S. 2085. A bill to provide a supplemental ceived on November 28, 2005; to the Com- tor, Office of Surface Mining, Department of payment to assist agricultural producers in mittee on Finance. the Interior, transmitting, pursuant to law EC–4785. A communication from the Chair- the report of a rule entitled ‘‘North Dakota mitigating increasing input costs, including man, International Trade Commission, Regulatory Program’’ (ND–048–FOR) received energy and fertilizer costs; to the Committee transmitting, pursuant to law, the Buy on November 28, 2005; to the Committee on on Agriculture, Nutrition, and Forestry. American Act Report covering fiscal year Energy and Natural Resources. By Mr. LAUTENBERG (for himself and 2004; to the Committee on Finance. EC–4797. A communication from the Direc- Mr. SMITH): EC–4786. A communication from the Acting tor, Office of Surface Mining, Department of S. 2086. A bill to amend the Internal Rev- Chief, Publications and Regulations Branch, the Interior, transmitting, pursuant to law enue Code of 1986 to modify the definition of Internal Revenue Service, Department of the the report of a rule entitled ‘‘Illinois Regu- compensation for purposes of determining Treasury, transmitting, pursuant to law, the latory Program’’ (IL–103–FOR) received on the limits on contributions to individual re- report of a rule entitled ‘‘Applicable Federal November 28, 2005; to the Committee on En- tirement accounts and annuities, and for Rates—December 2005’’ (Rev. Rul. 2005–77) re- ergy and Natural Resources. other purposes; to the Committee on Fi- ceived on November 28, 2005; to the Com- EC–4798. A communication from the Direc- nance. mittee on Finance. tor, Office of Surface Mining, Department of By Mr. CHAMBLISS: EC–4787. A communication from the Unit the Interior, transmitting, pursuant to law S. 2087. A bill to amend the Immigration Chief, Publications and Regulations Branch, the report of a rule entitled ‘‘Alaska Regu- and Nationality Act to provide for the em- Internal Revenue Service, Department of the latory Program’’ (AK–006–FOR) received on ployment of foreign agricultural workers, Treasury, transmitting, pursuant to law, the November 28, 2005; to the Committee on En- and for other purposes; to the Committee on report of a rule entitled ‘‘Revenue Proce- ergy and Natural Resources. the Judiciary. dure: Reduction of Penalty for Understating EC–4799. A communication from the Acting By Mr. ALLARD (for himself and Mr. Tax by Adequate Disclosure of an Item on Assistant Secretary, Legislative Affairs, De- ENZI): Return’’ (Rev. Proc. 2005–75) received on No- partment of State, transmitting, pursuant to S. 2088. A bill to assist low-income fami- vember 28, 2005; to the Committee on Fi- law, a report entitled ‘‘Cuban Emigration lies, displaced from their residences in the nance. Policies’’; to the Committee on Foreign Re- States of Alabama, Louisiana, and Mis- EC–4788. A communication from the Chief, lations. sissippi as a result of Hurricane Katrina, by Publications and Regulations Branch, Inter- EC–4800. A communication from the Assist- establishing within the Department of Hous- nal Revenue Service, Department of the ant Secretary, Legislative Affairs, Depart- ing and Urban Development a homesteading Treasury, transmitting, pursuant to law, the ment of State, transmitting, pursuant to the initiative that offers displaced low-income report of a rule entitled ‘‘Market Segment Arms Export Control Act, the certification families the opportunity to purchase a home Specialization Paper: Audit Technique of a proposed license for the export of de- owned by the Federal Government and for Guide—Retail Industry’’ received on Novem- fense articles or defense services sold com- other purposes; to the Committee on Bank- ber 28, 2005; to the Committee on Finance. mercially under contract in the amount of ing, Housing, and Urban Affairs. EC–4789. A communication from the Regu- $50,000,000 or more to Taiwan and Israel; to By Mr. AKAKA (for himself and Mr. latory Officer, Directives and Regulations the Committee on Foreign Relations. INOUYE): Branch, Forest Service, Department of Agri- EC–4801. A communication from the Assist- S. 2089. A bill to designate the facility of culture, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- the United States Postal Service located at report of a rule entitled ‘‘Travel Manage- ment of State, transmitting, pursuant to the 1271 North King Street in Honolulu, Oahu, ment; Designated Routes and Areas for Arms Export Control Act, the certification Hawaii, as the ‘‘Hiram L. Fong Post Office Motor Vehicle Use; Final’’ (RIN0596–AC11) of a proposed license for the export of de- Building’’; to the Committee on Homeland received on November 28, 2005; to the Com- fense articles or defense services sold com- Security and Governmental Affairs. mittee on Agriculture, Nutrition, and For- mercially under contract in the amount of By Mr. LEVIN: estry. $100,000,000 or more to France, Austria, Ger- S. 2090. A bill for the relief of Ibrahim EC–4790. A communication from the Prin- many, Italy, Spain, and the United Kingdom; Parlak; to the Committee on the Judiciary. cipal Deputy Associate Administrator, Office to the Committee on Foreign Relations. By Mr. JOHNSON: of Policy, Economics, and Innovation, Envi- EC–4802. A communication from the Assist- S. 2091. A bill to amend title 38, United ronmental Protection Agency, transmitting, ant Legal Adviser for Treaty Affairs, Depart- States Code, to provide for certain pursuant to law, the report of a rule entitled ment of State, transmitting, pursuant to the servicemembers to become eligible for edu- ‘‘Tralkoxydim; Pesticide Tolerance’’ Case-Zablocki Act, 1 U.S.C. 112b, as amended, cational assistance under the Montgomery

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.065 S13DEPT1 S13502 CONGRESSIONAL RECORD — SENATE December 13, 2005 GI Bill; to the Committee on Veterans’ Af- State legislatures, and regulatory 1801, a bill to amend the McKinney- fairs. agencies to determine appropriate Vento Homeless Assistance Act to re- By Mr. BAUCUS: laws, rules, and regulations to address authorize the Act, and for other pur- S. 2092. A bill to amend the Internal Rev- the problems of weight gain, obesity, poses. enue Code of 1986 to authorize review by the Joint Committee on Tax of Federal income and health conditions associated with S. 1841 tax returns of United States Supreme Court weight gain or obesity. At the request of Mr. NELSON of Flor- nominees, and for other purposes; to the S. 1100 ida, the names of the Senator from Committee on Finance. At the request of Mr. BUNNING, the Connecticut (Mr. LIEBERMAN), the Sen- By Mr. MCCAIN (for himself and Mr. name of the Senator from New York ator from Washington (Ms. CANTWELL), DORGAN): (Mr. SCHUMER) was added as a cospon- the Senator from Louisiana (Ms. S. 2093. A bill to amend the Morris K. Udall LANDRIEU), the Senator from Wisconsin Scholarship and Excellence in National En- sor of S. 1100, a bill to amend the Inter- (Mr. FEINGOLD), the Senator from vironmental and Native American Public nal Revenue Code of 1986 to provide Policy Act of 1992 to provide funds for train- capital gains treatment for certain Maryland (Ms. MIKULSKI) and the Sen- ing in tribal leadership, management, and self-created musical works. ator from California (Mrs. BOXER) were policy, and for other purposes; considered S. 1120 added as cosponsors of S. 1841, a bill to amend title XVIII of the Social Secu- and passed. At the request of Mr. DURBIN, the By Mr. MCCAIN (for himself and Mr. names of the Senator from Maryland rity Act to provide extended and addi- DORGAN): tional protection to Medicare bene- (Mr. SARBANES) and the Senator from S. 2094. A bill to reauthorize certain provi- ficiaries who enroll for the Medicare Rhode Island (Mr. REED) were added as sions relating to Indian tribal justice sys- prescription drug benefit during 2006. tems; considered and passed. cosponsors of S. 1120, a bill to reduce S. 1881 By Mr. BIDEN: hunger in the United States by half by S. 2095. A bill to ensure payment of United 2010, and for other purposes. At the request of Mrs. FEINSTEIN, the States assessments for United Nations peace- names of the Senator from Minnesota S. 1313 keeping operations in 2005 and 2006; to the (Mr. COLEMAN) and the Senator from At the request of Mr. CORNYN, the Committee on Foreign Relations. Hawaii (Mr. INOUYE) were added as co- name of the Senator from Nebraska f sponsors of S. 1881, a bill to require the (Mr. HAGEL) was added as a cosponsor Secretary of the Treasury to mint ADDITIONAL COSPONSORS of S. 1313, a bill to protect homes, coins in commemoration of the Old S. 521 small businesses, and other private Mint at San Francisco otherwise At the request of Mrs. HUTCHISON, the property rights, by limiting the power known as the ‘‘Granite Lady’’, and for name of the Senator from New Mexico of eminent domain. other purposes. (Mr. BINGAMAN) was added as a cospon- S. 1508 S. 1952 sor of S. 521, a bill to amend the Public At the request of Mr. FEINGOLD, the At the request of Mr. COLEMAN, the Health Service Act to direct the Sec- name of the Senator from Connecticut name of the Senator from Georgia (Mr. retary of Health and Human Services (Mr. LIEBERMAN) was added as a co- ISAKSON) was added as a cosponsor of S. to establish, promote, and support a sponsor of S. 1508, a bill to require Sen- 1952, a bill to provide grants for rural comprehensive prevention, research, ate candidates to file designations, health information technology devel- and medical management referral pro- statements, and reports in electronic opment activities. gram for hepatitis C virus infection. form. S. 1991 S. 707 S. 1538 At the request of Mr. BURR, the name At the request of Mr. ALEXANDER, the At the request of Mr. ROCKEFELLER, of the Senator from North Carolina names of the Senator from Illinois (Mr. the name of the Senator from South (Mrs. DOLE) was added as a cosponsor DURBIN), the Senator from Indiana (Mr. Dakota (Mr. JOHNSON) was added as a of S. 1991, a bill to amend title 38, BAYH), the Senator from South Dakota cosponsor of S. 1538, a bill to amend the United States Code, to establish a fi- (Mr. JOHNSON) and the Senator from Internal Revenue Code of 1986 to ex- nancial assistance program to facili- Alaska (Ms. MURKOWSKI) were added as pand the incentives for the construc- tate the provision of supportive serv- cosponsors of S. 707, a bill to reduce tion and renovation of public schools. ices for very low-income veteran fami- preterm labor and delivery and the risk S. 1687 lies in permanent housing, and for of pregnancy-related deaths and com- At the request of Ms. MIKULSKI, the other purposes. plications due to pregnancy, and to re- name of the Senator from Michigan S. 2075 duce infant mortality caused by pre- (Ms. STABENOW) was added as a cospon- At the request of Mr. DURBIN, the maturity. sor of S. 1687, a bill to amend the Pub- names of the Senator from Maine (Ms. S. 716 lic Health Service Act to provide waiv- COLLINS), the Senator from Arkansas (Mr. PRYOR), the Senator from Nevada At the request of Mr. AKAKA, the ers relating to grants for preventive name of the Senator from Colorado health measures with respect to breast (Mr. REID), the Senator from Rhode Is- land (Mr. CHAFEE) and the Senator (Mr. SALAZAR) was added as a cospon- and cervical cancers. from New York (Mrs. CLINTON) were sor of S. 716, a bill to amend title 38, S. 1733 added as cosponsors of S. 2075, a bill to United States Code, to enhance serv- At the request of Mr. THUNE, the amend the Illegal Immigration Reform ices provided by vet centers, to clarify name of the Senator from Georgia (Mr. and Immigrant Responsibility Act of and improve the provision of bereave- ISAKSON) was added as a cosponsor of S. 1996 to permit States to determine ment counseling by the Department of 1733, a bill to establish pilot projects State residency for higher education Veterans Affairs, and for other pur- under the medicare program to provide purposes and to authorize the cancella- poses. incentives for home health agencies to tion of removal and adjustment of sta- S. 737 utilize home monitoring and commu- tus of certain alien students who are At the request of Mr. CRAIG, the nications technologies. long-term United States residents and name of the Senator from Nebraska S. 1791 who entered the United States as chil- (Mr. HAGEL) was added as a cosponsor At the request of Mr. SMITH, the dren, and for other purposes. of S. 737, a bill to amend the USA PA- names of the Senator from Washington S. 2076 TRIOT ACT to place reasonable limita- (Ms. CANTWELL) and the Senator from At the request of Mr. HATCH, the tions on the use of surveillance and the Washington (Mrs. MURRAY) were added name of the Senator from Mississippi issuance of search warrants, and for as cosponsors of S. 1791, a bill to amend (Mr. COCHRAN) was added as a cospon- other purposes. the Internal Revenue Code of 1986 to sor of S. 2076, a bill to amend title 5, S. 908 allow a deduction for qualified timber United States Code, to provide to as- At the request of Mr. MCCONNELL, gains. sistant United States attorneys the the name of the Senator from Arkansas S. 1801 same retirement benefits as are af- (Mrs. LINCOLN) was added as a cospon- At the request of Mr. HAGEL, his forded to Federal law enforcement offi- sor of S. 908, a bill to allow Congress, name was added as a cosponsor of S. cers.

VerDate Aug 31 2005 02:17 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.069 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13503 S. 2082 from portable gas generators. Congress perate for power in emergency cir- At the request of Mr. SUNUNU, the needs to step in and act quickly to stop cumstances. name of the Senator from Nebraska these needless deaths. That is why Third, every instruction manual that (Mr. HAGEL) was added as a cosponsor today I am introducing the Portable accompanies a portable generator must of S. 2082, a bill to amend the USA PA- Generator Safety Act. clearly explain the safety hazards asso- TRIOT ACT to extend the sunset of As most of us know, portable genera- ciated with operating the generator. certain provisions of that Act and the tors are frequently used to provide How many more innocent people lone wolf provision of the Intelligence electricity during temporary power must needlessly die before we require Reform and Terrorism Prevention Act outages. These generators use fuel- the Consumer Product Safety Commis- of 2004 to March 31, 2006. burning engines that give off poisonous sion and the portable generator indus- At the request of Mr. LEAHY, the carbon monoxide gas in their exhaust. try to take some sensible, pro-con- names of the Senator from California Every hurricane season, news stories sumer steps? It is my goal that after (Mrs. BOXER), the Senator from Illinois come from Florida and elsewhere about the next hurricane season, we will not (Mr. OBAMA), the Senator from Massa- people injured or killed by poisoning be back here asking these same ques- chusetts (Mr. KERRY) and the Senator caused by portable gas generators. tions. from Nevada (Mr. REID) were added as From 1998 to 2003, the most recent year I ask unanimous consent that the cosponsors of S. 2082, supra. of official statistics, at least 228 carbon text of the bill be printed in the RECORD. S.J. RES. 22 monoxide poisoning deaths were reported to the U.S. Consumer Product There being no objection, the bill was At the request of Mr. DURBIN, the ordered to be printed in the RECORD, as name of the Senator from Delaware Safety Commission. At least one person was killed and seven were hospital- follows: (Mr. CARPER) was added as a cosponsor S. 2084 of S.J. Res. 22, a joint resolution pro- ized near Miami, FL, this fall after being overcome by carbon monoxide Be it enacted by the Senate and House of Rep- claiming Casimir Pulaski to be an hon- resentatives of the United States of America in orary citizen of the United States post- fumes. And over the last two hurricane Congress assembled, humously. seasons in Florida, at least twelve peo- SECTION 1. SHORT TITLE. ple died from poisoning caused by poor- S. CON. RES. 64 This Act may be cited as the ‘‘Portable ly ventilated portable generators. At the request of Mr. CRAIG, his name Generator Safety Act’’. These people died because portable was added as a cosponsor of S. Con. SEC. 2. FINDINGS. generators are not manufactured to The Congress finds the following: Res. 64, a concurrent resolution ex- automatically cut off when high carbon (1) Portable generators are frequently used pressing the sense of the Congress re- monoxide rates are reached and be- to provide electricity during temporary garding oversight of the Internet Cor- cause many manufacturers fail to place power outages. These generators use fuel- poration for Assigned Names and Num- burning engines that emit carbon monoxide adequate warning labels on generators. bers. gas in their exhaust. Here is what is especially troubling S. RES. 180 (2) In the last several years, hundreds of about these senseless deaths: The Con- people nationwide have been seriously in- At the request of Mr. SCHUMER, the sumer Product Safety Commission has jured or killed due to exposure to carbon names of the Senator from Nevada (Mr. known for years that people were dying monoxide poisoning from portable genera- REID) and the Senator from Minnesota from carbon monoxide poisoning at an tors. From 1990 through 2003, 228 carbon mon- (Mr. COLEMAN) were added as cospon- increasingly alarming rate. In study oxide poisoning deaths were reported to the sors of S. Res. 180, a resolution sup- after study, the Commission has recog- Consumer Product Safety Commission. porting the goals and ideals of a Na- nized the high death rate from portable (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable tional Epidermolysis Bullosa Aware- generators, and Commission staff has ness Week to raise public awareness generators were preventable. In many in- found that portable generator warning stances, consumers simply were unaware of and understanding of the disease and to labels are often inconsistent, vague, the hazards posed by carbon monoxide. foster understanding of the impact of and incomplete. Yet the Commission (4) Since at least 1997, a priority of the the disease on patients and their fami- has continued to let the generator in- Consumer Product Safety Commission has lies. dustry police itself—without any man- been to reduce injuries and deaths resulting S. RES. 320 datory Federal safety standards. from carbon monoxide poisoning. Although the Commission has attempted to work with At the request of Mr. ENSIGN, the Enough is enough. Industry self-regu- names of the Senator from California industry to devise voluntary standards for lation—which works in some settings— portable generators, and despite Commission (Mrs. BOXER), the Senator from Cali- clearly is not working here. Congress staff statements that voluntary standards fornia (Mrs. FEINSTEIN) and the Sen- must now step in and do its part to were ineffective, the Commission has not ator from New Hampshire (Mr. eliminate these tragic and avoidable promulgated mandatory rules governing SUNUNU) were added as cosponsors of S. deaths. safety standards and labeling requirements. Res. 320, a resolution calling the Presi- My bill—the Portable Generator (5) The issuance of mandatory safety dent to ensure that the foreign policy Safety Act—takes some simple, com- standards and labeling requirements to warn of the United States reflects appro- monsense steps. The bill requires the consumers of the dangers associated with priate understanding and sensitivity Consumer Product Safety Commission portable generator carbon monoxide would reduce the risk of injury or death. to pass tough Federal regulations with- concerning issues related to human SEC. 3. SAFETY STANDARD. rights, ethnic cleansing, and genocide in 180 days of the passage of the bill. Not later than 180 days after the enact- documented in the United States The new regulations would have three ment of this Act, the Consumer Product record relating to the Armenian Geno- components. Safety Commission shall promulgate regula- cide. First, every portable generator must tions, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requir- f have a sensor that automatically shuts off the generator before lethal levels of ing, at a minimum, that every portable gen- STATEMENTS ON INTRODUCED carbon monoxide are reached. Other erator sold to the public for purposes other BILLS AND JOINT RESOLUTIONS than resale shall be equipped with an inter- products, such as portable heaters, al- lock safety device that detects the level of By Mr. NELSON of Florida: ready contain these types of sensors, carbon monoxide in the areas surrounding S. 2084. A bill to direct the Consumer which save lives. such portable generator and automatically Product Safety Commission to issue Second, every portable generator turns off power to the portable generator be- regulations concerning the safety and must have clearly written warning la- fore the level of carbon monoxide is capable labeling of portable generators; to the bels on the packaging and on the gen- of causing serious bodily injury or death to Committee on Commerce, Science, and erator itself. These labels must include people. Transportation. a pictogram that visually depicts the SEC. 4. LABELING AND INSTRUCTION REQUIRE- MENTS. Mr. NELSON of Florida. Mr. Presi- safety hazard from carbon monoxide. Not later than 180 days after the enact- dent, over the last several years, hun- What I am talking about here is labels ment of this Act, the Consumer Product dreds of Americans have died from the that are easy to read and can quickly Safety Commission shall promulgate regula- poisonous carbon monoxide emitted be understood by people who are des- tions, pursuant to section 7 of the Consumer

VerDate Aug 31 2005 02:17 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.078 S13DEPT1 S13504 CONGRESSIONAL RECORD — SENATE December 13, 2005 Product Safety Act (15 U.S.C. 2056), requir- tributed to IRAs must be ‘‘compensa- employers with an avenue to obtain ing, at a minimum, the following: tion,’’ or earned through work. Under legal temporary workers, there should (1) WARNING LABELS.—Each portable gener- the current rules, disability income be no tolerance for employers who hire ator sold to the public for purposes other doesn’t qualify. illegal aliens. We all know that many than resale shall have a large, prominently We know that those who become dis- illegal immigrants come to the United displayed warning label on the exterior packaging, if any, of the portable generator abled will still need to support them- States seeking employment. Employ- and permanently affixed on the portable gen- selves in their old age; we know that ers who flaunt the rule of law by hiring erator regarding the carbon monoxide hazard they may even need to spend more be- illegally are hampering our efforts to posed by incorrect use of the portable gener- cause of their disability; and we know secure the border by providing incen- ator. The warning label shall include the that because of their disability, they tives for people to illegally come to the word ‘‘DANGER’’ printed in a large font, and have less earning power and that United States, and they must be held shall include the following information, at a makes it harder to save. So why in the accountable. minimum, presented in a clear manner: world would we further penalize them 4. Compassion—We are a Nation of (A) Indoor use of a portable generator can for being disabled by taking away one immigrants and immigrants have made kill quickly. many wonderful contributions to our (B) Portable generators should be used out- of the most effective savings tools they doors only and away from garages and open have? It just doesn’t make any sense. country—not the least of which is help- windows. My legislation would fix this problem ing ensure there is a stable supply of (C) Portable generators produce carbon by allowing wage replacement income, food in the grocery stores for all Amer- monoxide, a poisonous gas that people can- including Social Security disability icans. We need to ensure that those not see or smell. and workers’ compensation, to be con- workers who come to the United States (2) PICTOGRAM.—Each portable generator tributed to IRAs. Additionally, my leg- on a temporary basis to perform agri- sold to the public for purposes other than re- islation would permit those who take cultural work are not exploited and are sale shall have a large pictogram, affixed to up to two years away from the work- treated with fairness and respect. The the portable generator, which clearly states force to contribute earnings from prior best way to show compassion for illegal ‘‘POISONOUS GAS’’ and visually depicts the immigrants is to stop illegal immigra- harmful effects of breathing carbon mon- years to their IRAs so that they can oxide. continue to save. Federal law should tion. I know the Senate is planning to (3) INSTRUCTION MANUAL.—The instruction not force people to break good savings manual, if any, that accompanies any port- habits. take up debate on comprehensive im- able generator sold to the public for purposes In the name of fairness and retire- migration reform early next year, and other than resale shall include detailed, ment security, I urge my colleagues to I think it is important that we engage clear, and conspicuous statements that in- support this common-sense legislation. in this discussion. The purpose of my clude the following elements: legislation is to ensure that reform for (A) A warning that portable generators By Mr. CHAMBLISS: the agricultural community is included emit carbon monoxide, a poisonous gas that S. 2087. A bill to amend the Immigra- in whatever reforms Congress con- can kill people. tion and Nationality Act to provide for siders. The agricultural sector of our (B) A warning that people cannot smell, the employment of foreign agricultural see, or taste carbon monoxide. economy has been historically plagued (C) An instruction to operate portable gen- workers, and for other purposes; to the by illegal immigration. We already erators only outdoors and away from win- Committee on the Judiciary. have an avenue for agricultural em- dows, garages, and air intakes. Mr. CHAMBLISS. Mr. President, I ployers to obtain legal temporary (D) An instruction to never operate port- rise to introduce the Agricultural Em- workers—the H–2A program. However, able generators inside homes, garages, sheds, ployment and Workforce Protection many agricultural employers do not or other semi-enclosed spaces, even if a per- Act. My home State of Georgia is one use the program because its bureauc- son runs a fan or opens doors and windows. of the most diversified agricultural racy is difficult to navigate, it is cost- (E) A warning that if a person begins to producing States east of the Mis- ly, and it is litigious. In addition, it ex- feel sick, dizzy, or weak while using a port- sissippi. The livelihood of many of my cludes certain occupations from agri- able generator, that person should shut off constituents and many Americans the portable generator, get to fresh air im- culture. My legislation provides needed mediately, and consult a doctor. across the country depends on the reforms to the H–2A program, provides quality of the crop, the bounty of the for the creation of a temporary blue By Mr. LAUTENBERG (for him- harvest, and the health of the live- card program, establishes an H–2AA self and Mr. SMITH): stock. worker program for cross-border com- S. 2086. A bill to amend the Internal In drafting this legislation I am in- muter workers, and, above all, provides Revenue code of 1986 to modify the def- troducing today, I was guided by four for increased border security. inition of compensation for purposes of principles: First, it mandates that the Depart- determining the limits on contribu- 1. Prevention—if we do not stem the ment of Homeland Security establish tions to individual retirement accounts tide of illegal immigrants coming into and present to Congress a comprehen- and annuities, and for other purposes; our country then there is no point in sive plan for increased border security to the Committee on Finance. Congress attempting to have a positive and stricter enforcement of our Na- Mr. LAUTENBERG. Mr. President, impact on our immigration policy. tion’s immigration laws, including de- today I am joined by Senator SMITH in Strict enforcement of our immigration tailed strategies, timelines, and esti- introducing the IRA Equity Act of 2005, laws is essential and we should demand mated costs. Until such time the Sec- which would allow the disabled and no less. retary presents and Congress approves those who temporarily leave the work- 2. Protection—the United States has the plan, some interim measures would force to continue to save for their re- always been a welcoming country to apply. tirement. immigrants, and many non-immigrants Second, the legislation streamlines We should be encouraging responsible are admitted for temporary periods to and modernizes the H–2A program. H– behavior. When those whose income is perform necessary jobs—particularly in 2A is not a new guestworker program. slashed because they become disabled— the field of agriculture—that employ- It has been around for many years, but or because they take time off to care ers cannot fill. However, any tem- underutilized because of its high costs, for a child, volunteer for a good cause, porary worker program must provide red tape, and risks of drawn out litiga- or go to school—want to continue to adequate protections for American tion. To increase the use of the pro- save for retirement, that is commend- jobs. Employers should not view alien gram, the bill expands the definition of able, it is responsible, and we ought to workers as a way to get cheaper ‘‘agriculture’’ to include industries do everything we can to make it easier. labor—it is not fair to Americans will- that have been excluded from use of Yet today, people who are injured ing to work hard and looking for a the program previously—industries and have their income replaced by well-paying job and it is not fair to the such as poultry, seafood, and meat workers’ compensation or Social Secu- aliens who are exploited by working for processors, landscapers, and reforest- rity disability suddenly are no longer sub-standard wages. ation contractors. The bill also bases able to contribute to their IRAs. That’s 3. Accountability—if Congress, the definition ‘‘temporary’’ on the du- because under current law, income con- through reform legislation, provides ration a worker is allowed to be in the

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.074 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13505 United States rather than tying it to S. 2088. A bill to assist low-income tential government owned property for seasonality. Some agricultural occupa- families, displaced from their resi- transfer without cost to units of local tions, like poultry producers and dairy dences in the States of Alabama, Lou- government. The local government producers, do not follow seasons but re- isiana, and Mississippi as a result of would establish an equitable procedure quire workers year round. If these em- Hurricane Katrina, by establishing for selecting low income families af- ployers in occupations previously ex- within the Department of Housing and fected by the hurricane for participa- cluded from the H–2A program were of- Urban Development a homesteading tion. HUD and the local government fered a viable alternative to an illegal initiative that offers displaced low-in- would work with partners, such as workforce, I have no doubt they would come families the opportunity to pur- Habitat for Humanity, mortgage lend- seize it. chase a home owned by the Federal ers, and others, to help the new urban Third, my legislation creates a cross- Government, and for other purposes; to homesteaders find resources to con- border commuter worker program, the Committee on Banking, Housing, struct their new homes. called the H–2AA program. This pro- and Urban Affairs. Participating families must agree to gram is modeled after the H–2A pro- Mr. ALLARD. Mr. President, I rise to occupy the property for five years as gram, but recognizes that many farms introduce the Hurricane Katrina Re- their principal residence, to bring the located close to the Canadian and covery Homesteading Act of 2005. Mod- property up to health and safety codes Mexican borders seek to employ work- eled on the United States’ 19th century within one year, and to build a house ers who prefer to live in their home homesteading initiatives and similar to applicable code standards within countries and simply come to the U.S. urban programs in the 1970s, this legis- three years. They must also agree to each day. The H–2AA program exempts lation will help us begin to rebuild the periodic compliance inspections. In ex- farmers who employ these H–2AA Gulf Coast areas destroyed by the hur- change, the family would receive title workers from the housing and trans- ricane and flooding, providing a fresh to the property. portation requirements of the H–2A start for families victimized by this I would like to thank President Bush, program, and requires those who use it tragedy. Department of Housing and Urban De- to enter and exit the United States The new urban homesteading pro- velopment Secretary Alphonso Jack- each day. It allows these agricultural posal will serve several purposes. First, son, and House sponsor Representative operations to attract workers who live it is an initial step towards rebuilding JINDAL for working with me on this ef- close to the borders but do not desire and revitalizing the hurricane ravaged fort. I look forward to continuing to to move to the United States. Gulf Coast. While we have spent recent work with them, long with the rest of Finally, my legislation establishes a months appropriately focusing on res- my colleagues, to enact the Hurricane blue card program. This is a temporary cue and clean up, we must now exam- Katrina Recovery Homesteading Act of program that provides for the transi- ine the long term need to rebuild and 2005. tion of employees who are currently revitalize. here in an undocumented status filling Second, the new urban homestead By Mr. BAUCUS: needed jobs. To qualify for a blue card, initiative will be one way to begin to S. 2092. A bill to amend the Internal aliens must have worked at least 1600 address the housing needs of those dis- Revenue Code of 1986 to authorize re- hours in agriculture in 2005, have never placed by Hurricane Katrina. But I view by the Joint Committee on Tax of been convicted or a felony or a mis- want to make it clear that this pro- Federal income tax returns of United demeanor in the United States, and gram is not being introduced as the States Supreme Court nominees, and must have a petition filed on their be- sole answer to all of the housing prob- for other purposes; to the Committee half by their employer. Only after a lems faced by hurricane victims. Get- on Finance. background check is conducted by the ting all of those individuals back on Mr. BAUCUS. The Greek philosopher Department of Homeland Security their feet will require multiple efforts Plato warned, ‘‘where there is an in- would these blue card workers be al- on a significant scale. This is one com- come tax, the just man will pay more, lowed to work in the United States for ponent of a comprehensive response to and the unjust man will pay less on the a period of 24 months before they must the housing needs of the Gulf Coast re- same amount of income.’’ This phrase return to their home country. The blue gion. I believe the initiative is a very is telling. card allows employers who are cur- good start. The way people fill out their tax re- rently utilizing an illegal workforce to Third, the Hurricane Katrina Recov- turns is an important window into transition their workforce into a legal ery Homesteading Act is a productive their private ethical conduct. And it is one by having their employees leave way of dealing with government owned a good barometer of their integrity, the country and return on the legal H– properties. Through the Federal Hous- character, and suitability for office. 2A temporary worker program without ing Administration (FHA), Veterans’ Paying one’s fair share of the tax bur- experiencing a complete work stop- Administration (VA), and other pro- den is one of an American’s most im- page. There is no amnesty with the grams, the Federal Government holds portant patriotic duties. Americans blue card program—all workers must title to thousands of properties in the from all walks of life pay their taxes return to their home country. Gulf Coast region. Vacant government out of obligation and fidelity to their The underlying premise of any owned properties have the potential to country. Isn’t it fair to know whether guestworker program and explicitly be a blight on their neighborhoods, di- individuals who have been nominated provided for in my proposed legislation minishing property values and acting for lifetime positions to the highest is that United States employers should as a magnet for crime and vandalism. court in the land have faithfully paid not be allowed to utilize a guestworker Following Hurricane Katrina, vacant their taxes? program unless and until they have ac- properties can also present health and The legislation that I introduce tively recruited American workers and safety dangers. Unless the properties today, The Supreme Court Tax Ac- are unable to find enough to fill needed are rebuilt and have families living in countability Act of 2005, would require jobs. We don’t want to stifle American them, they will likely be a significant that nominees to the Supreme Court— businesses but more importantly we drag on the efforts to rebuild the re- including Judge Samuel Alito—provide don’t want to disadvantage American gion. The homesteading initiative will 3 years of tax returns for an inde- workers. address the health and safety concerns pendent review to ensure compliance I hope my colleagues will join me in and further the revitalization effort with the law. Specifically, the legisla- supporting practical needed reforms for while putting the property to production would require the nonpartisan the agricultural community and I look tive use. Joint Committee on Taxation to re- forward to the time early next year in I would like to briefly describe how view a Supreme Court nominee’s re- which this vital issue will be debated the initiative will work. I am pleased turns and report on the nominee’s tax here in the United States Senate. that it is based on a Federal-local part- compliance to the Judiciary and Fi- nership, as well as a partnership be- nance Committees. The bill does not By Mr. ALLARD (for himself and tween government, non-profits, and the extend the power to inspect tax returns Mr. ENZI): private-sector. HUD will identify po- to any persons who do not currently

VerDate Aug 31 2005 02:17 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.081 S13DEPT1 S13506 CONGRESSIONAL RECORD — SENATE December 13, 2005 have such authority. And the bill en- tisan issue. It was Ronald Reagan who 25 percent for peacekeeping—even sures that private taxpayer informa- famously said, ‘‘trust, but verify.’’ This though the United Nations assesses the tion is not shared unscrupulously. Cer- bill aims to embody President Reagan’s United States at the rate of roughly 27 tainly, these returns would not be re- maxim. Trust in government is an percent. In the coming weeks, we are leased to the public. issue that Republicans, Democrats, and scheduled to pay a bill of about $344 This approach has precedent. Thirty Independents value. million that has come due since Octo- years ago, Supreme Court Justice Wil- The noted Supreme Court justice ber 1. Under U.S. law, we will only be liam O. Douglas retired from the Louis Brandeis said that ‘‘secrecy nec- able to pay about $319 million, leaving bench. Within days, President Ford essarily breeds suspicion.’’ The Amer- a shortfall of about $25 million. At a nominated John Paul Stevens for the ican people have a right to know that time when our diplomats are in the vacancy. The President hoped that the public officials—particularly those ap- final stages of negotiating important nomination of a moderate who had pointed for life—have faithfully and reforms in the U.N. system, it would be been given the American Bar Associa- fully paid their taxes. Blocking Con- a mistake unilaterally to withhold tion’s highest rating would help restore gressional access to Supreme Court payments to the U.N. Rather than en- confidence in government in the wake nominees’ returns creates questions courage reform, it may cause an ad- of the Watergate scandals. As the con- that can breed public distrust in gov- verse reaction by other nation and un- firmation hearings drew near, six mem- ernment. Providing access to those re- dermine our reform agenda. bers of the Senate Judiciary Com- turns can help to provide the trans- Earlier this year, the Bush adminis- mittee wrote Chairman Eastland re- parency and trust Americans deserve tration recognized this coming train questing ‘‘the most thorough prac- in the Supreme Court nomination proc- wreck. On March 1, the Department of ticable investigation of the nominee.’’ ess. I look forward to working with my State transmitted to Congress its offi- The Senators’ letter requested full dis- colleagues to get this bill enacted. cial request for the Foreign Relations closure of Stevens’ personal health and Authorization Act for fiscal year 2006 finances, including a complete and By Mr. BIDEN: and 2007. Section 401 of that legislation thorough review of his Federal and S. 2095. A bill to ensure payment of would amend current law and raise the state tax returns. Stevens promptly United States assessments for United limitation on U.S. payments to 27.1 complied. Nations peacekeeping operations in percent through calendar year 2007. When the full Senate took up the 2005 and 2006; to the Committee on For- The summary of the request said as fol- nomination, Chairman Eastland urged eign Relations. lows: ‘‘Without further relief, the U.N. the confirmation of Stevens saying, Mr. BIDEN. Mr. President, today I peacekeeping cap would revert to 25% ‘‘his personal integrity, as reflected in introduce legislation to ensure that the and the United States would go into ar- his financial statements and income United States does create new arrears rears. The proposed section would . . . tax returns, is of the highest order.’’ at the United Nations. At a time when enable the United States to pay U.N. The Senate confirmed Stevens by a our Government is seeking important assessments at the rate assessed by the vote of 98 to 0 and he took the oath of reforms at the United Nations, it would U.N. up to a rate of 27.1% . . . [t]his office 2 days later at the age of 55. be a mistake for us to fall short on our would allow the United States to pay Washington is now under a similar dues at the U.N. But unless Congress its peacekeeping assessment in full, in- ethical cloud. But the White House has acts promptly, that is what we are cluding funding for a new peace sup- resisted my efforts to have the Joint about to do. port operation in Sudan . . .’’ Committee on Taxation review the tax Here’s why. Since then, however, the administra- returns of Chief Justice John Roberts, In 1994, Congress passed a law lim- tion has done little to secure enact- Ms. Harriet Miers, and Judge Samuel iting U.S. payments for U.N. peace- ment of this provision. On December 1, Alito. The administration’s decision to keeping at 25 percent after 1995. At the 2005, the Secretary of State requested put its Supreme Court nominees’ tax time, the United States was assessed by letter to the chairman of the Com- returns off limits is consistent with its by the U.N. at a rate of about 31 per- mittee on Appropriations several ‘‘crit- penchant for secrecy. cent for peacekeeping. Thus, the ical legislative proposals that are of a Its refusal to heed this most basic United States incurred arrears because time sensitive nature and warrant en- document request, however, is a barrier of the 25 percent limitation—that is, actment prior to the Congress’ ad- to the rigorous due diligence process the gap between the 25 percent and 31 journment in mid-October.’’ The re- required for prospective Government percent. quest contains four provisions but does officials that come before the Senate In 1999, Congress approved the Helms- not include the provision required to Committee on Finance. All nominees, Biden law. It authorized the repayment assure full payment of U.N. peace- from Cabinet secretaries to Tax Court of U.S. arrears to the U.N. conditioned keeping assessments. judges, have their tax returns scruti- on certain reforms in the U.N. system. Mr. President, I realize that the Con- nized. On more than one occasion, the One of those reforms was a negotiated gress has a lot on its agenda in the Finance Committee has admonished reduction in the United Nations of the final days of the first session. But we the administration for failing to do a U.S. peacekeeping rate down to 25 per- have a responsibility to ensure pay- better job of determining a candidate’s cent. Through negotiations in 2000, ment of our obligations to the United compliance with the tax laws. In some U.S. Ambassador Holbrooke succeeded Nations—and to ensure that we do not cases, tax issues have contributed to in reducing the U.S. assessments for undermine the negotiations on U.N. re- the withdrawal of nominees who were peacekeeping to just over 27 percent. form now underway. before the Senate. In 2001, Congress amended the Helms- Despite these warnings and with- Biden law to allow the arrears pay- f drawals, the administration still ments to be provided to the U.N. at the AUTHORITIES FOR COMMITTEES doesn’t do a particularly good job of higher rate—27 percent—that Ambas- TO MEET catching nominees’ tax problems. sador Holbrooke negotiated. But the Therefore, it is vital to the constitu- original 1994 law limiting our payments COMMITTEE ON ARMED SERVICES tional process of advice and consent for to 25 percent was never repealed. Mr. GRASSLEY. Mr. President, I ask the Senate to have the information In the past few years, Congress has unanimous consent that the Com- necessary to ensure fitness to serve. amended the 1994 law on a temporary mittee on Armed Services be author- The Senate must not rely on the execu- basis by raising the 25 percent limita- ized to meet during the session of the tive branch to provide oversight. tion to conform it to the rate nego- Senate on December 13, 2005, at 10:15 Finally, I am introducing this bill tiated by Ambassador Holbrooke. That a.m., in executive session, to consider today to apply to all nominees—those temporary change in law lasted the nomination of J. Dorrance Smith nominated by Democratic Presidents through fiscal year 2005. But it has now to be Assistant Secretary of Defense and Republican Presidents. Careful expired. for Public Affairs. oversight of nominees to the highest Therefore, the law today is this: the The PRESIDING OFFICER. Without Court in the land should not be a par- United States may not pay more than objection, it is so ordered.

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.083 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13507 COMMITTEE ON COMMERCE, SCIENCE, AND proceed to the immediate consider- the most competitive economy in the TRANSPORTATION ation of H.R. 4340, the Bahrain Free world. They basically say, ‘‘Don’t Mr. GRASSLEY. Mr. President, I ask Trade Agreement. I ask unanimous Worry, Be Happy.’’ unanimous consent that the Com- consent that all time be yielded back. Instead, the U.S. uses the scarce re- mittee on Commerce, Science, and The PRESIDING OFFICER. Without sources of the U.S. Trade Representa- Transportation be authorized to meet objection, it is so ordered. on Tuesday, December 13, 2005, at 10:30 The clerk will report the bill by title. tive to negotiate an FTA with Bahrain, a.m., on the nominations of Deborah The legislative clerk read as follows: which has an economy one-tenth-of-one Taylor Tate and Michael Joseph Copps A bill (H.R. 4340) to implement the United percent the size of the U.S. economy. to be Federal Communications Com- States-Bahrain Free Trade Agreement. When it comes to enforcing our cur- missioners. There being no objection, the Senate rent agreements, the Bush administra- The PRESIDING OFFICER. Without proceed to consider the bill. tion has been asleep at the wheel. objection, it is so ordered. Mr. FRIST. Mr. President, the Bah- While the Clinton administration f rain free-trade agreement is a very im- brought on average 11 WTO cases per PRIVILEGE OF THE FLOOR portant agreement that reflects in this year to knock down foreign barriers to Mr. GRASSLEY. Mr. President, I post-9/11 environment the recommenda- U.S. exports, the Bush administration have a unanimous consent request, tion that had been made in terms of fa- has filed fewer than three cases per which I would like to make for Senator cilitating trade to nations such as Bah- year. rain. I am delighted we were able to BAUCUS, that the following fellows and Instead, they have focused their ener- both debate it earlier today and ulti- interns be granted floor privileges dur- gies on negotiating an FTA which is so mately pass this important free-trade ing the duration of the debate on this small that the independent ITC has measure, Jonathan Coleman, Andreas agreement. Mr. REID. Mr. President, I reluc- stated, ‘‘the effect of the FTA on total Datsopoulos, and Holly Luck. U.S. exports is likely to be minimal.’’ The PRESIDING OFFICER. Without tantly oppose the legislation imple- objection, it is so ordered. menting the U.S.-Bahrain Free Trade Meanwhile, the WTO negotiations f Agreement. I have nothing against ex- have delayed and floundered. Ironic UNANIMOUS-CONSENT panded trade with Bahrain, and I know may not be the right word, but it is a AGREEMENT—S. 1932 that there is plenty in this FTA that is fitting testament to this administra- appealing to the U.S. business commu- tion’s skewed priorities that Senators Mr. FRIST. Mr. President, I ask nity. However, this agreement is an- are stuck in Washington debating the unanimous consent that on Wednesday, other example of the misplaced prior- following morning business, the Chair Bahrain FTA this week, and so were ities in the Bush administration’s not able to travel to Hong Kong to pro- lay before the Senate a message from flawed trade policy, which can best be the House to accompany S. 1932, the vide oversight on the WTO negotia- described as a policy of ‘‘fiddling while tions—which could have an impact deficit reduction bill. I further ask con- Rome is burning.’’ sent that the Senate disagree to the thousands of times larger than a trade If you were to ask Americans to list agreement with Bahrain. amendment of the House, request a their top trade priorities, I think they conference with the House, and that would suggest the following: dealing Looking at the merits of the Bahrain the Chair be authorized to appoint con- with the enormous trade deficit, on FTA in isolation, let me note that I ap- ferees on the part of the Senate with pace to exceed $700 billion this year; plaud the Government of Bahrain. It the ratio of 11 to 9; provided further addressing the rise of China; meeting has been a good U.S. ally and is an im- that before the Chair appoints con- the challenges of outsourcing and portant moderate Arab and Islamic ferees, the following motions to in- globalization; enforcing our existing country. I wish the people of Bahrain struct be the only motions in order and agreements and rules for fair trade; well and hope that the U.S. and Bah- that they be considered under the fol- and perhaps global negotiations in the rain will continue to enjoy good rela- lowing limitations: Kennedy, higher World Trade Organization. A trade tions, including trading relations. I education, 60 minutes equally divided; agreement with Bahrain would be no- also note that there are many good Baucus, Medicaid, 5 minutes equally where near the top of the list; it prob- provisions in this agreement to ensure divided; DeWine, trade, 60 minutes ably would not even be on the list at protection for U.S. intellectual prop- equally divided; Kohl, child support en- all. erty rights, to prevent expropriations forcement, 60 minutes equally divided; Yet, here we are, with the Bahrain of U.S. investments, to reduce barriers Carper, TANF, 5 minutes equally di- FTA as the big trade item to close out to U.S. exports, and to expand the ac- vided; Harkin, food stamps, 5 minutes the year. The U.S. has a trade deficit cess of U.S. service providers to Bah- equally divided; and Reed, LIHEAP, 60 with China that is on pace to exceed rain’s market. minutes equally divided. $200 billion this year—more than a I further ask consent that no amend- It is regrettable, though, that the quarter of the entire U.S. trade deficit. Bush administration followed its ments be in order to the motions and Last year, China passed the U.S. as the the only debate in order under the stat- flawed model in this FTA. In short, the largest exporter of high-tech informa- interests of the business community ute other than debate on the motions tion technology and communications be 30 minutes equally divided for gen- are taken care of, but the interests of products. There is no doubt that the the average American are not. I cer- eral debate, divided between the chair- rise of China presents an extraordinary man and ranking member; further, tainly understand that many of the challenge to the United States. Yet, businesses that care about these FTAs that all motions be debated on Tuesday the Bush administration has essen- and Wednesday and that the vote occur make important contributions to the tially no policy dealing with China’s U.S. economy and are a critical source in relation to the motions in the currency manipulation and the accom- stacked sequence at a time determined of employment, exports, and innova- panying U.S. indebtedness to the gov- tion. I value those contributions and by the majority leader after consulta- ernment of China, rampant piracy of tion with the Democratic leader; fi- think for the most part the chapters U.S. intellectual property, WTO viola- and provisions of the FTA important to nally, that any votes which do not tions, forced technology transfer re- occur prior to 1 p.m. on Wednesday be the U.S. business community make quirements, and industrial policy in sense. What I do have a problem with, stacked to occur beginning at 3:30 on areas critical to the U.S. like semi- Thursday, December 15. however, is the fact that our trade The PRESIDING OFFICER. Without conductors and automobiles. Instead, we have the Bahrain FTA, agreements provide short shrift to objection, it is so ordered. which involves .03 percent of total U.S. areas of interest to human beings, in- f trade. cluding workers’ rights and environ- UNITED STATES-BAHRAIN FREE The Bush administration has pro- mental protection. TRADE AGREEMENT IMPLEMEN- posed no policies in the face of When it comes to transparency in TATION ACT outsourcing and the revolution of government regulation, telecommuni- Mr. FRIST. Mr. President, I ask globalization to ensure that America cations regulation, financial services unanimous consent that the Senate keeps good-paying jobs and remains regulation, other services regulation,

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.085 S13DEPT1 S13508 CONGRESSIONAL RECORD — SENATE December 13, 2005 and e-commerce, we include provisions this agreement does not contain bind- upon the table, and I move to lay that that force our trading partners to ing, enforceable rules that treat re- motion on the table. change their laws. When it comes to spect for workers’ rights and the envi- The motion to lay on the table was protection for intellectual property ronment on the same footing as respect agreed to. rights, our trade agreements have pro- for corporate interests, so I will oppose f visions that force our trading partners it. EXECUTIVE CALENDAR to adopt some of the highest levels of Separately, I want to address Bah- IP protection in the world. In each rain’s boycott against Israel. For dec- case, if a country violates the rules in ades now, the United States has had a NOMINATIONS DISCHARGED the FTA, it is subject to trade sanc- policy to oppose the Arab League boy- Mr. FRIST. As in executive session, I tions. cott against Israel. There is an entire Yet, when it comes to respect for the office in the Department of Commerce ask unanimous consent that the Com- most basic, internationally-recognized tasked with implementing this anti- mittee on Commerce, Science, and worker rights and respect for the envi- boycott policy. Congress has also di- Transportation be discharged from fur- ronment, our trade agreements say, rected USTR to ‘‘vigorously oppose’’ ther consideration of the following ‘‘You don’t need to change your laws, WTO admission for countries that en- nominations and that they be placed just enforce whatever you have.’’ If our gage in the boycott. In my view, it is on the calendar: Michael Copps, PN trading partners violate even this weak an implicit corollary of this latter rule 1051; Deborah Tate, PN 1052. rule, then they pay a fine; and the fine that the U.S. should not enter into bi- The PRESIDING OFFICER. Without gets turned around and given right lateral trade agreements with coun- objection, it is so ordered. back to them. Somehow, trade sanc- tries that participate in the boycott. f tions imposed to vindicate the inter- Bahrain continues to participate in AMENDING THE MORRIS K. UDALL ests of business are just ‘‘tough en- the boycott, however. To its credit, SCHOLARSHIP AND EXCELLENCE forcement,’’ but trade sanctions for Bahrain has terminated participation IN NATIONAL ENVIRONMENTAL worker rights or the environment are in the secondary and tertiary aspects AND NATIVE AMERICAN PUBLIC ‘‘protectionism.’’ of the boycott. And, Bahrain has stated POLICY ACT OF 1992 Worse, our FTAs would allow a coun- in a letter to USTR that ‘‘the Kingdom Mr. FRIST. Mr. President, I ask try to weaken its laws related to work- of Bahrain recognizes the need to dis- unanimous consent that the Senate ers’ rights and the environment, and mantle the primary boycott of Israel proceed to the immediate consider- the United States would have abso- and is beginning efforts to achieve that ation of S. 2093, introduced earlier lutely no effective recourse. If Bahrain goal.’’ That said, it is worth noting that even the primary boycott can hurt today. turns around and allows child labor, or The PRESIDING OFFICER. The turns around and prohibits its guest U.S. producers. The primary boycott prohibits imports with Israeli content. clerk will report the bill by title. workers in export industries from join- The legislative clerk read as follows: ing unions, then the best the U.S. can So, U.S. companies that use Israeli in- puts could be barred from exporting a A bill (S. 2093) to amend the Morris K. do is seek consultations with Bahrain. Udall Scholarship and Excellence in Na- This is a step back from what the Clin- mostly U.S.-made product to Bahrain. USTR and supporters of this agree- tional Environmental and Native American ton administration negotiated, which Public Policy Act of 1992 to provide funds for ment argue that the quoted statement would have allowed the U.S. to pursue training in tribal leadership, management, full dispute settlement on all of the constitutes a binding commitment by and policy, and for other purposes. Bahrain to eliminate the primary boy- labor provisions in the FTA. It is also There being no objection, the Senate cott. I hope they are correct, but I am a step back from existing U.S. trade proceeded to consider the bill. not so sure. First, the lower house of preferences programs, which allow the Mr. MCCAIN. Mr. President, today I Bahrain’s parliament—the only demo- U.S. to impose sanctions on countries have introduced the Native Nations cratically elected body in Bahrain’s na- that are not adequately protecting Leadership, Management, and Policy tional government—recently voted re- basic workers rights. Act of 2005, originally introduced as a soundingly to keep the boycott in What is it about worker rights and component of the Native American place. Second, it is not as clear as I environmental protection that war- Omnibus Act of 2005. I am pleased to be would like that the statement at issue rants this disparate treatment? The joined by the vice chairman of the Sen- has the character of a legal obligation same people who argue that these pro- ate Indian Affairs Committee, BYRON rather than a statement of unilateral visions do not belong in trade agree- DORGAN, on this bill. intent. While I hope that Bahrain has ments bemoan U.S. labor standards and The Native Nations Leadership, Man- officially committed itself to elimi- environmental rules, arguing that they agement, and Policy Act authorizes nating the primary boycott against hurt U.S. competitiveness and add to funding for leadership training, stra- Israel once and for all, there is cer- our trade deficit. It is absurd and dis- tegic and organizational development, tainly no way for the U.S. to bring an honest to say on the one hand that and research and policy analysis to as- enforcement action against Bahrain if these rules affect competition, and sist American Indian nations to it fails to do so. then on the other that they do not be- I think the antiboycott policy we achieve effective self-governance and long in an agreement that is designed have had in place for decades now is sustainable economic development. to set the terms of competition. the correct one. We should not be en- This provision renews authorized fund- I want to take a moment to acknowl- tering into trade agreements—whether ing for the Native Nations Institute edge the good work done by Democrats bilaterally or through the WTO—with programs for a period of 10 years, be- in the other chamber, who pushed and countries that enforce the boycott ginning in fiscal year 2007. Dedicated pushed and got Bahrain to agree to against Israel—primary, secondary or funding for NNI is necessary to ensure make important reforms to its labor tertiary. It is disturbing to me that the the continuation of these important laws to bring them into conformity Bush administration has been quietly programs without further draining with internationally-recognized stand- moving away from this policy—here in funds from the Udall Foundation’s ards. And, to its credit, USTR agreed the FTA today, as well as in its support other educational activities. to monitor Bahrain’s implementation for Saudi Arabia’s WTO accession this Mr. President, I look forward to and enforcement of these changes as week. working with my respective colleagues part of the FTA. I applaud the efforts The PRESIDING OFFICER. The on both sides of the aisle to enact this of these congressmen. Their hard work question is on the third reading and legislation. on this and other FTAs should shame passage of the bill. Mr. FRIST. Mr. President, I ask anyone who has tried to discredit their The bill (H.R. 4340) was ordered to a unanimous consent that the bill be cause by calling it protectionist or third reading, was read the third time, read a third time and passed, the mo- xenophobic. I regret that I will not be and passed. tion to reconsider be laid upon the joining them in support of this agree- Mr. FRIST. I ask unanimous consent table, and that any statements relating ment, however. The bottom line is that that the motion to reconsider be laid to the bill be printed in the RECORD.

VerDate Aug 31 2005 02:17 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.035 S13DEPT1 December 13, 2005 CONGRESSIONAL RECORD — SENATE S13509 The PRESIDING OFFICER. Without proceed to the immediate consider- Mr. FRIST. Mr. President, I ask objection, it is so ordered. ation of S. 2094, introduced earlier unanimous consent that the resolution The bill (S. 2093) was read the third today. be agreed to, the preamble be agreed time and passed, as follows: The PRESIDING OFFICER. The to, and the motion to reconsider be laid S. 2093 clerk will report the bill by title. upon the table. Be it enacted by the Senate and House of Rep- The legislative clerk read as follows: The PRESIDING OFFICER. Without resentatives of the United States of America in A bill (S. 2094) to reauthorize certain provi- objection, it is so ordered. Congress assembled, sions relating to Indian tribal justice sys- The resolution (S. Res. 275) was SECTION 1. NATIVE NATIONS LEADERSHIP, MAN- tems. AGEMENT, AND POLICY. agreed to. (a) FINDINGS.—Congress finds that— There being no objection, the Senate The preamble was agreed to. proceeded to consider the bill. (1) the policy of the United States favors The resolution, with its preamble, Mr. MCCAIN. Mr. President, today I self-determination for Indian tribes; reads as follows: (2) consistent with the policy described in have introduced the Indian Tribal Jus- paragraph (1), Indian tribes are increasingly tice Systems Act of 2005, originally in- S. RES. 275 taking control of the affairs of the tribes in troduced as a component of the Native Whereas 1 in 3 female high school students order to realize in practice most of the sta- American Omnibus Act of 2005. I am reports being physically abused or sexually tus afforded the tribes in treaties, court deci- pleased to be joined by the vice chair- abused by a dating partner; sions, and legislation; Whereas over 40 percent of male and fe- (3) as a result of the increasing control of man of the Senate Indian Affairs Com- male high school students surveyed had been the tribes, tribes require enhanced leadership mittee, BYRON DORGAN, on this bill. victims of dating violence at least once; preparation and greater access to informa- The Indian tribal justice systems Whereas violent relationships in adoles- tion relating to research and analysis of suc- amendments extends the authorization cence can have serious ramifications for vic- cessful models for tribal government and for the Indian Tribal Justice Technical tims, who are at higher risk for substance business operations, similar to the informa- and Legal Assistance Act through fis- abuse, eating disorders, risky sexual behav- tion regularly available to Federal, State, cal year 2010, and extends the Indian ior, suicide, and adult re-victimization; and local government agencies; Whereas the severity of violence among in- (4) enabling Indian tribes to develop strong Tribal Justice Act for 3 more years. Mr. President, I look forward to timate partners has been shown to increase leadership and governing policy is consistent if the pattern was established in adolescence; with Federal policy supporting tribal self-de- working with my respective colleagues Whereas 81 percent of parents surveyed ei- termination and increases the likelihood on both sides of the aisle to enact this ther believed dating violence is not a prob- that tribal governments will achieve polit- legislation. lem or admitted they did not know it is a ical and economic self-determination; and Mr. FRIST. Mr. President, I ask problem; and (5) during the last 5 years, the Morris K. unanimous consent that the bill be Whereas the establishment of a ‘‘National Udall Scholarship and Excellence in Na- read a third time and passed, the mo- Teen Dating Violence Awareness and Preven- tional Environmental Policy Foundation, in tion Week’’ will benefit schools, commu- cooperation with the Native Nations Insti- tion to reconsider be laid upon the table, and that any statements relating nities, and families regardless of socio-eco- tute at the University of Arizona, pursuant nomic status, race, or gender: Now, there- to the bill be printed in the RECORD. to section 6(7) of the Morris K. Udall Schol- fore, be it arship and Excellence in National Environ- The PRESIDING OFFICER. Without Resolved, That the Senate— mental and Native American Public Policy objection, it is so ordered. (1) designates the week of February 6, 2006 Act of 1992 (20 U.S.C. 5604(7)), has provided to The bill (S. 2094) was read the third as ‘‘National Teen Dating Violence Aware- Indian tribes the leadership and management time and passed, as follows: ness and Prevention Week’’; and training, policy analysis, and research of the S. 2094 (2) calls on the people of the United States, quality and type required to assist Indian especially high schools, law enforcement, tribes to achieve self-determination. Be it enacted by the Senate and House of Rep- local, and State officials, and interested (b) DEFINITIONS.—Section 4 of the Morris K. resentatives of the United States of America in Udall Scholarship and Excellence in Na- Congress assembled, groups to observe the week with appropriate activities that promote awareness and pre- tional Environmental and Native American SECTION 1. INDIAN TRIBAL JUSTICE. vention of the crime of teen dating violence Public Policy Act of 1992 (20 U.S.C. 5602) is (a) INDIAN TRIBAL JUSTICE TECHNICAL AND in our communities. amended— LEGAL ASSISTANCE.—The Indian Tribal Jus- (1) by redesignating paragraphs (6) through tice Technical and Legal Assistance Act of (9) as paragraphs (7) through (10), respec- 2000 is amended— f tively; and (1) in section 106 (25 U.S.C. 3666), by strik- (2) by inserting after paragraph (5) the fol- ing ‘‘for fiscal years 2000 through 2004’’ and MEASURES PLACED ON THE CAL- lowing: inserting ‘‘for fiscal years 2004 through 2010’’; ENDAR—H.R. 4096, H.R. 4388, AND ‘‘(6) the terms ‘Indian tribe’ and ‘tribe’ and have the meaning given the term ‘Indian (2) in section 201(d) (25 U.S.C. 3681(d)), by H.R. 4440 tribe’ in section 4 of the Indian Self-Deter- striking ‘‘for fiscal years 2000 through 2004’’ Mr. FRIST. Mr. President, I under- mination and Education Assistance Act (25 and inserting ‘‘for fiscal years 2004 through stand there are three bills at the desk U.S.C. 450b);’’. 2010’’. due for a second reading. (c) AUTHORIZATION OF APPROPRIATIONS.— (b) INDIAN TRIBAL JUSTICE SYSTEMS.—Sec- Section 13 of the Morris K. Udall Scholarship tion 201 of the Indian Tribal Justice Act (25 The PRESIDING OFFICER. The and Excellence in National Environmental U.S.C. 3621) is amended by striking ‘‘2007’’ clerk will read the bills for the second and Native American Public Policy Act of each place it appears and inserting ‘‘2010’’. time. 1992 (20 U.S.C. 5609) is amended by striking subsection (c) and inserting the following: f The legislative clerk read as follows: ‘‘(c) TRAINING IN TRIBAL LEADERSHIP, MAN- NATIONAL TEEN DATING VIO- A bill (H.R. 4096) to amend the Internal AGEMENT, AND POLICY.— LENCE AWARENESS AND PRE- Revenue Code of 1986 to extend to 2006 the al- ‘‘(1) IN GENERAL.—There is authorized to be VENTION WEEK ternative minimum tax relief available in appropriated to carry out section 6(7)— 2005 and to index such relief for inflation. ‘‘(A) $2,500,000 for the period of fiscal years Mr. FRIST. Mr. President, I ask A bill (H.R. 4388) to amend the Internal 2007 and 2008; unanimous consent that the Judiciary Revenue Code of 1986 to extend certain expir- ‘‘(B) $4,000,000 for the period of fiscal years Committee be discharged from further ing provisions, and for other purposes. 2009 and 2010; and consideration of and the Senate now A bill (H.R. 4440) to amend the Internal ‘‘(C) $13,500,000 for the period of fiscal years proceed to S. Res. 275. Revenue Code of 1986 to provide tax benefits 2011 through 2016. The PRESIDING OFFICER. Without for the Gulf Opportunity Zone and certain ‘‘(2) LIMITATIONS.—An appropriation made objection, it is so ordered. The clerk areas affected by Hurricanes Rita and pursuant to this subsection shall not be sub- Wilma, and for other purposes. ject to section 7(c).’’. will report the resolution by title. Mr. FRIST. In order to place the bills f The legislative clerk read as follows: A resolution (S. Res. 275) designating the on the calendar under the provisions of REAUTHORIZING CERTAIN PROVI- week of February 6, 2006 as ‘‘National Teen rule XIV, I object to further pro- SIONS RELATING TO INDIAN Dating Violence Awareness and Prevention ceedings en bloc. TRIBAL JUSTICE SYSTEMS Week.’’ The PRESIDING OFFICER. Objec- Mr. FRIST. Mr. President, I ask There being no objection, the Senate tion is heard. The bills will be placed unanimous consent that the Senate proceeded to consider the resolution. on the calendar.

VerDate Aug 31 2005 02:17 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.061 S13DEPT1 S13510 CONGRESSIONAL RECORD — SENATE December 13, 2005 ORDERS FOR WEDNESDAY, over 10 million people turned out; at ADJOURNMENT UNTIL 9:45 A.M. DECEMBER 14, 2005 the third election, we will have to wait TOMORROW Mr. FRIST. Mr. President, I ask and see, but it looks as though there Mr. FRIST. Mr. President, if there is unanimous consent that when the Sen- will be record numbers of individuals no further business to come before the ate completes its business today, it voting in Iraq. Senate, I ask unanimous consent that stand in adjournment until 9:45 a.m. on Two-and-a-half years ago, we had a the Senate stand in adjournment under Wednesday, December 14. I further ask country that had no representative the previous order. that following the prayer and pledge, government whatsoever and had a ty- There being no objection, the Senate, the morning hour be deemed expired, rant, Saddam Hussein, oppressing the at 6:21 p.m., adjourned until Wednes- the Journal of proceedings be approved people there. This morning, several of day, December 14, 2005, at 9:45 a.m. to date, the time for the two leaders be us had the opportunity to talk, by tele- f reserved, and the Senate then proceed conferencing, with our Ambassador in NOMINATIONS to a period of morning business for up Iraq, as well as General Casey. They to 30 minutes, with the first 15 minutes did review with us a number of the real Executive nominations received by under the control of the majority lead- the Senate December 13, 2005: advances that have been made. When er or his designee and the final 15 min- you look at issues such as Iraqis who DEPARTMENT OF DEFENSE utes under the control of the Demo- are currently participating, they cited MICHAEL L. DOMINGUEZ, OF VIRGINIA, TO BE DEPUTY cratic leader or his designee; further, UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND several statistics. In August 2004, there READINESS, VICE CHARLES S. ABELL, RESIGNED. that the Senate then proceed to the consideration of motions to instruct were five Iraqi army battalions actu- DEPARTMENT OF ENERGY conferees with respect to the deficit really in the fight. There are currently 97 RAYMOND L. ORBACH, OF CALIFORNIA, TO BE UNDER Iraqi battalions in the fight. In July SECRETARY FOR SCIENCE, DEPARTMENT OF ENERGY. duction bill as under the previous (NEW POSITION) 2004, there were no ready operational order. DEPARTMENT OF STATE The PRESIDING OFFICER. Without divisional headquarters. Today there GARY A. GRAPPO, OF VIRGINIA, A CAREER MEMBER OF objection, it is so ordered. are at least 7 operational divisional THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, headquarters and 31 operational bri- TO BE AMBASSADOR EXTRAORDINARY AND PLENI- f POTENTIARY OF THE UNITED STATES OF AMERICA TO gade headquarters. THE SULTANATE OF OMAN. PROGRAM BRADFORD R. HIGGINS, OF CONNECTICUT, TO BE AN AS- There has been huge progress over SISTANT SECRETARY OF STATE (RESOURCE MANAGE- Mr. FRIST. Mr. President, under the the last year, year and a half. In No- MENT), VICE CHRISTOPHER BANCROFT BURNHAM. BRADFORD R. HIGGINS, OF CONNECTICUT, TO BE CHIEF time agreement that we just entered vember 2004, there were about 110,000 FINANCIAL OFFICER, DEPARTMENT OF STATE, VICE into this evening, we have a number of fully trained and equipped Iraqi secu- CHRISTOPHER BANCROFT BURNHAM, RESIGNED. motions to instruct conferees with re- rity forces. Today there are almost DEPARTMENT OF EDUCATION spect to the deficit reduction bill that double that, a year later, 214,000 MICHELL C. CLARK, OF VIRGINIA, TO BE ASSISTANT we will debate and vote on over the trained and equipped security forces. SECRETARY FOR MANAGEMENT, DEPARTMENT OF EDU- next 2 days. We will vote on three of CATION, VICE WILLIAM LEIDINGER. those motions—the Baucus motion on Does all of this make a difference? INSTITUTE OF MUSEUM SERVICES Medicaid, the Carper TANF motion, One of the fascinating statistics cited ANNE-IMELDA RADICE, OF VERMONT, TO BE DIRECTOR and brought to my attention was com- OF THE INSTITUTE OF MUSEUM SERVICES, VICE ROBERT and the Harkin food stamp motion— S. MARTIN. pared to last year, or at some point during tomorrow’s session. These votes IN THE AIR FORCE last year, how many tips were being will start somewhere between 11:45 and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT noon. We will finish the remaining mo- provided by the Iraqi people. In many IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ways it reflects the confidence the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tions to instruct on Thursday. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Over the course of this week, we will Iraqi people have in law enforcement 601: be very busy, as I pointed out earlier and security. In March, there were just To be lieutenant general this morning. We will begin voting under 500 tips to the Iraqi Armed MAJ. GEN. RONALD F. SAMS, 5888 around midday tomorrow, and in all Forces. In September 2005, there were THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT likelihood we will be voting Thursday 4,700 tips by Iraqi citizens to Iraqi and IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- afternoon as well. We will be stacking coalition forces. Therefore, informa- CATED UNDER TITLE 10, U.S.C., SECTION 12203: votes Thursday afternoon. We will be tion is flowing much more freely, To be major general voting on Friday and may well go into which reflects, I believe, the confidence BRIGADIER GENERAL DAVID L. FROSTMAN, 2235 BRIGADIER GENERAL JAMES W. GRAVES, 4813 this weekend if we are unable to finish the Iraqis have in their security forces. BRIGADIER GENERAL LINDA S. HEMMINGER, 5711 our business by late Friday. That BRIGADIER GENERAL JOHN M. HOWLETT, 8450 One tip resulted in the disruption of an BRIGADIER GENERAL HAROLD L. MITCHELL, 1941 means possibly Saturday and then IED factory and the capture of 4,000 BRIGADIER GENERAL HANFERD J. MOEN, JR., 4733 maybe into next week. We have a BRIGADIER GENERAL WILLIAM M. RAJCZAK, 8761 pounds of explosives and about a dozen BRIGADIER GENERAL DAVID N. SENTY, 6128 whole slew of bills that we need to ad- 500-pound bombs. That shows the im- BRIGADIER GENERAL ERIKA C. STEUTERMAN, 3209 dress, that we have been doing and will portance of the improved security by To be brigadier general be doing over the next several days. the Iraqi people and what it allows to COLONEL JOHN M. ALLEN, 7694 Tomorrow I will have more to say flow, in terms of information. COLONEL ROBERT E. BAILEY, JR., 4059 about the schedule. COLONEL ERIC W. CRABTREE, 0505 Mr. President, 75,000 Iraqi policemen COLONEL DEAN J. DESPINOY, 2656 f COLONEL WALLACE W. FARRIS, JR., 0582 are patrolling Iraqi cities, and another COLONEL JOHN C. FOBIAN, 0618 COLONEL THOMAS W. HARTMANN, 2331 IRAQ ELECTIONS 5,700 are in training. I think we are see- COLONEL JAMES R. HOGUE, 4929 ing real progress there. There is much COLONEL MARK A. KYLE, 0227 Mr. FRIST. Mr. President, elections COLONEL CAROL A. LEE, 8418 are currently underway in Iraq. It is progress to make, but the progress COLONEL JON R. SHASTEEN, 5384 being made currently, as we speak, and COLONEL ROBERT O. TARTER, 9864 very exciting. The election formally in COLONEL HOWARD N. THOMPSON, 2169 Iraq itself will be Thursday, although will be made over the next several days COLONEL CHRISTINE M. TURNER, 3200 in the United States those Iraqi citi- is truly exciting in terms of an oper- COLONEL PAUL M. VAN SICKLE, 8889 zens are voting. They are actually vot- ational, permanent government being IN THE ARMY ing in Tennessee at one of those dis- formed. Lastly, as I mentioned earlier, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED tant, remote locations, remote from it won’t be until actually April that UNDER TITLE 10, U.S.C., SECTION 624: Iraq. the new government is in place. The To be major general That is a powerful statement to the elections are occurring now. Certifi- BRIGADIER GENERAL MICHAEL D. BARBERO, 1169 progress made in Iraq over the last 21⁄2 cation takes place in December, and BRIGADIER GENERAL SALVATORE F. CAMBRIA, 8655 years, that this is the third election in the final is in early January. From BRIGADIER GENERAL JOHN M. CUSTER III, 4336 BRIGADIER GENERAL RICHARD P. FORMICA, 7015 the last year. At the first election in that point, the government takes root. BRIGADIER GENERAL DAVID P. FRIDOVICH, 6568 January, about 8.5 million turned out; So the government itself won’t be BRIGADIER GENERAL KATHLEEN M. GAINEY, 4227 BRIGADIER GENERAL WILLIAM T. GRISOLI, 3836 at the next election in mid-October, formed until April of next year. BRIGADIER GENERAL CARTER F. HAM, 0921

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BRIGADIER GENERAL JEFFERY W. HAMMOND, 0841 MICHAEL CHYTERBOK, 2128 MICHAEL J. HIGGINS, 5232 BRIGADIER GENERAL FRANK G. HELMICK, 8189 PAUL V. CIMINELLI, 7893 JAY R. HILDEBRAND, 6117 BRIGADIER GENERAL PAUL S. IZZO, 1942 ARTHUR L. CLARK, 6054 DAVID M. HILDRETH, JR., 8792 BRIGADIER GENERAL FRANCIS H. KEARNEY III, 9443 RICHARD A. CLARK, JR., 3855 RONALD L. HILL, 6377 BRIGADIER GENERAL STEPHEN R. LAYFIELD, 7666 TIMOTHY J. CLARK, 1162 THAD W. HILL, 9151 BRIGADIER GENERAL ROBERT P. LENNOX, 8104 DIANNA L. CLEVEN, 6695 TIMOTHY E. HILL, 7201 BRIGADIER GENERAL WILLIAM H. MCCOY, JR., 5356 RICHARD D. COLE, 0343 TIMOTHY J. HILTY, 2075 BRIGADIER GENERAL TIMOTHY P. MCHALE, 0796 TIMOTHY R. COLLINS, 6852 DONNA E. HINTON, 8942 BRIGADIER GENERAL JOHN W. MORGAN, 7279 CLARENCE COMBS III, 3257 BARBARA J. HIRST, 7502 BRIGADIER GENERAL MICHAEL L. OATES, 3680 JOHN W. CONLEY, 4338 GEORGE S. HLUCK, 8800 BRIGADIER GENERAL ROBERT M. RADIN, 0402 ROBERT CONLEY III, 6927 MICHAEL J. HOLLAND, 5507 BRIGADIER GENERAL CURTIS M. SCAPARROTTI, 8351 MICHAEL A. CONNELL, 1754 DAVID D. HOLLANDS, 3137 MICHAEL R. CONSIDINE, 0696 JAY J. HOOPER, 8822 IN THE MARINE CORPS RANDALL J. CORDEIRO, 9313 DARLENE G. HOPKINS, 6430 PETER L. COREY, 3245 JUANITA I. HOPKINS, 2800 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK W. CORSON, 3098 HARDEN P. HOPPER III, 9057 IN THE UNITED STATES MARINE CORPS RESERVE TO THE LISA COSTANZA, 4411 TIMOTHY F. HORAN, 6581 GRADE INDICATED UNDER TITLE 10 U.S.C., SECTION 12203: ANTHONY G. COTTLES, 3394 RICHARD A. HOWLEY, 3402 To be major general NORMAN L. COTTON, 5831 MICHAEL G. HOXIE, 1729 ALBERT L. COX, 0123 MICHAEL J. HUDDLESTON, 8766 BRIG. GEN. JAMES L. WILLIAMS, 0353 JOSEPH L. CRAMER, 1788 BERNARD J. HYLAND, 7143 MATTHEW E. CROKE, 9430 JANICE G. IGOU, 8670 IN THE ARMY MARY T. CROTEAU, 4959 ARTHUR F. INGRAM III, 3562 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS A. CROWDER, 5465 CEDRIC R. JASMIN, 8219 TO THE GRADE INDICATED IN THE RESERVE OF THE PETER C. CUSOLITO, 3208 BRUCE A. JENSEN, 5571 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ELIZABETH M. DAMONTE, 1572 GARRETT P. JENSEN, 1884 ANTHONY B. DANIELL, 7204 ARTHUR S. JEPSKY, 0736 To be colonel JODY J. DANIELS, 5836 JEFFREY J. JEROME, 0437 DARRYL W. DAUGHERTY, JR., 5971 JANICE M. JOHNSON, 7022 DEIBY ACEVEDO, 5054 GARY L. DAVID, 1041 ROBERT C. JONES, 2384 DARLENE H. ADAMS, 2464 JOSE R. DAVIS, 4282 STEPHEN E. JOYCE, 2144 TRAVIS L. ADCOCK, 1215 RICHARD W. DEAN II, 7743 KERRY C. KACHEJIAN, 6896 TOMMY H. S. AFLAGUE, 3857 LORETTA A. DEANER, 9655 ROBERT A. KARMAZIN, 2064 MARK T. AHLES, 9673 ARLAN M. DEBLIECK, 7492 ROBERT J. KAUFMAN, 9032 ERIC D. AHLNESS, 9456 ROBERT F. DEL CAMPO, 3312 WILLIAM M. KEHRER, 0900 STEVEN W. AINSWORTH, 6140 LUIS A. DELGADO, 1863 JOHN F. KELLY, 6616 JAMES G. ALLISON, 2866 DAVID J. DEMPS, 2549 GERALD W. KETCHUM, 3340 HECTOR F. ALVARADO, 4495 WILLIAM A. DENT, 0253 ERIC F. KETTENRING, 0647 DONALD G. AMBURN, 3739 JOHN T. DEWEY, 1384 GARY A. KHALIL, 9936 DANIEL R. AMMERMAN, 6559 CLAYTON DIEDRICHS, 9738 THEODORE C. KIENTZ, 3140 HAROLD G. ANDERSON, 9442 MARC V. DINGER, 2591 RICHARD A. KILBURN, 2063 SCOTT V. ANDERSON, 1406 BARBARA J. DOUGLAS, 1751 CURTIS L. KING, 7131 ADOLFO AQUINO, 9022 CHRIS R. DOWNEY, 9603 MICHAEL R. KITTS, 6569 TERAN L. ARMSTRONG, 6924 LAWRENCE C. DOYLE, 8555 KEITH A. KLEMMER, 5791 MARK C. ARNOLD, 4438 LAWRENCE E. DRAPER, 1423 MICHAELENE A. KLOSTER, 5472 TODD W. ARNOLD, 6313 STUART K. DRIESBACH, 5228 EMMETT M. KLUMP, 4228 MATTHEW J. ARTERO, 4285 RANDY L. DUCOTE, 8783 DENNIS L. KNAPPEN, 4873 JOSE R. ATENCIO III, 9198 RALPH W. DUDDING, 3316 LEE F. KNIGHT, 5280 DENISE A. ATKINS, 6548 MICHAEL K. DUNN, 0981 GLENN A. KOLIN, 1688 JULIE M. AUGERI, 8498 TIMOTHY G. DUNN, 4888 MICHAEL J. KOMICHAK, 7191 CARL C. AUGUSTUS, 3361 DANIEL A. DUPONT, 1026 RICHARD A. KOSKI, 1963 JOHN J. AULBACH II, 0466 RON D. DUPREE, 5749 MICHAEL E. KOZLIK, 2547 CHRISTOPHER C. BACHMAN, 1468 LEE K. DURHAM, 7119 JOSEPH M. KRAKOWIAK, 5927 HENDERSON BAKER II, 3576 CINDY DWYER, 0491 JEFFREY P. KRAMER, 5147 CLAIRE E. BANDY, 5029 ALBERT P. EDWARDS, 8197 RICHARD W. KUCKSDORF, 6402 JOSEPH A. BANICH, 0513 JOHN C. EDWARDS, 6341 DOUGLAS C. LADD, 1644 CRAIG A. BARGFREDE, 6779 JAMES S. EICHER, 7078 TIMOTHY L. LAKE, 7772 LELAND E. BARKER, 4819 JOHN J. ELAM, 7907 JEFF C. LAMB, 8998 STEPHANIE A. BARNA, 5209 FREDERIC C. ELBERT, 8259 CHRISTOPHER M. LAMOUREUX, 8083 RICHARD C. BARR, JR., 6833 ISOLINA ESPOSITO, 7994 LOUIS J. LANDRETH, 7458 LINDA A. BEARD, 7646 CRAIG A. ESSICK, 6012 JAMES B. LASCHE, 8699 RICHARD A. BEDARD, 4328 HENRY R. EVANS, 2450 GARY B. LEAMON, 4362 VAEVA R. BEEBEMOCILAC, 0574 THOMAS P. EVANS, 8121 STUART L. LEEDS, 3922 MATTHEW P. BEEVERS, 7843 PAUL W. FARROW, 2985 KIM R. LEFTWICH, 2485 DAVID R. BELCHER, 0806 JOHN W. FELLEISEN, 4161 KRISTOPHER A. LEMASTER, 6138 WALTER BENARD, 7572 FRANK S. FERACO, 5732 JAMES C. LETTKO, 3566 JAMES G. BERENZ, 7052 FERNANDO FERNANDEZ, 1744 JAMES C. LEWIS, 8549 THOMAS S. BERG, 1600 JUAN FERNANDEZ, 3767 KENNETH R. LEWIS, 5204 ERIC BERMUDEZ, 2377 STEVEN FERRARI, 4712 LYNN F. LODWICK, 5583 DAVID M. BESSHO, 3307 ROBERT A. FINK, 2243 PHILIP J. LOGAN, 9114 SAMUEL R. BETHEL, 2892 DAVID L. FRANCAVILLA, 3235 NEAL G. LOIDOLT, 5900 FAREED M. BETROS, 1723 FLOYD V. FREEMAN III, 7033 JANET W. LONG, 5424 NIKOLA T. BILANDZICH, 1068 JAMES R. FREES, 7124 HECTOR LOPEZ, 6733 JOHN E. BILBURY III, 0262 JONATHAN H. FRY, 5857 KERMIT F. LOWERY, 5311 MARTIN B. BISCHOFF, 5839 TIMOTHY J. FUCIK, 0036 CHERYL A. LUDWA, 9177 IVAN N. BLACK, 9690 GEOFFREY M. GARRISON, 6710 STEPHEN G. LUKOSKIE, 2575 DARYL W. BLOHM, 5453 MICHAEL J. GARSHAK, 4170 MICHAEL R. LYNCH, 8155 CORRINA M. BOGGESS, 5040 JAMES D. GATES, 8583 THOMAS J. LYNCH, 7508 GARY D. BOMSKE, 4114 SCOTT F. GEDLING, 0933 DAVID W. MADDEN, 0207 JEFFERY O. BONNER, 2822 CHRIS R. GENTRY, 7045 GREGORY S. MAIDA, 6627 STEPHEN T. BOONE, 9131 JAMES A. GEORGES, 5062 ANTHONY G. MAJOR, 6766 RALPH J. BORKOWSKI, 7222 KEVIN S. GERDES, 4132 KEVIN G. MANGAN, 3252 PETER A. BOSSE, 1372 JOHN T. GERESKI, JR., 0183 MICHAEL A. MANN, 8624 JANSON D. BOYLES, 9869 PATRICK C. GIBSON, 2436 WINSTON E. MANN, 1822 MARK D. BRACKNEY, 0185 CHERYL A. GILLIGAN, 9114 BRIAN D. MARKWELL, 9104 KENNETH C. BRADDOCK, 9992 ROBERT J. GINGRAS, 5890 KEITH H. MARTIN, 1200 R. CHRISTION BREWER, 2979 JOSE M. GIROT, 9941 TED S. MARTINELL, 6670 FREDERICK J. BRITTON, 0784 KYLE E. GOERKE, 7028 DAVID MARTINEZ, 6209 JEFFERY R. BROUGHTON, 8468 JOSEPH A. GOETZ, JR., 9377 ROBERT L. MASSIE, 3171 TIMOTHY L. BROWN, 2853 DOUGLAS P. GORGONI, 4879 DONLL A. MCBRIDE, 8120 JANICE E. BRUNO, 7407 JAMES E. GOWEN, 4121 FRANCIS D. MCCABE, JR., 9379 TODD E. BURCH, 4097 ANTHONY S. GRAY, 5736 GEORGE R. MCCAHAN III, 6468 THRESA BURNES, 1868 SHEILA M. GREEN, 2819 DAVID W. MCDONALD, 4472 MARIANNE O. BURTNETT, 9220 RALPH H. GROOVER III, 1076 RICHARD D. MCINTYRE, 6712 JEFFERSON S. BURTON, 9812 MELINDA C. GROW, 1598 MARK T. MCQUEEN, 2524 JOHN A. BYRD, 9132 EDWARD B. GUNDERSEN, 6018 LAWRENCE W. MEDER, 7754 SHANNON P. CALAHAN, 0337 ANGELITO L. GUTIERREZ, 2221 RICARDO A. MENENDEZ, 9499 MICHAEL F. CALCATERRA, 0721 FERNANDO GUTIERREZ, 3388 PAUL A. MERRITT, 5821 SHERRI P. CALHOUN, 6918 BRUCE E. HACKETT, 2142 DAWN L. MICHAUD, 8200 GLENN S. CAMPBELL, 0807 DEBORAH T. HAFFEY, 4122 DWIGHT V. MICKELSON, 1464 STEVEN J. CAMPFIELD, 3536 NORMAN H. HAHN, JR., 6249 DEREK N. MILLER, 3877 ALVIN CANNON, 0767 TIMOTHY A. HAIGHT, 7038 TIM MILLER, JR., 2237 ROBERT I. CANON, 9559 THOMAS C. HAMILTON, 7091 JAMES P. MONAGLE, 9644 THOMAS V. CANTWELL, 0444 JOHN A. HAMMOND, 6582 GLEN E. MOORE, 1167 CHRISTOPHER F. CARNEY, 6437 ROBERT A. HAMMONS, 6859 JOHN P. MOORE, 0819 GERALD N. CAROZZA, JR., 1346 SCOTT S. HARABURDA, 3342 ROBERT A. MOORE, 1079 DANIAL C. CASMIRO, 1376 KURT A. HARDIN, 7203 JAMES A. MORALES, 9335 GRAHAM A. CASTILLO, 8168 JOHN C. HARRIS, JR., 4591 JAMES P. MORAN, 4850 LARRY D. CERNY, 7261 THOMAS W. HARRIS, 1473 JOHN P. MORAN, 0760 MARY CHAN, 4828 DANIEL E. HARTMAN, 2323 JOSEPH F. MORAVEC IV, 1040 JOHN G. CHAPMAN, 8042 SCOTT B. HAYNES, 3691 EDWARD R. MORGAN, 3786 DOUGLAS T. CHARNEY, 2066 KEVIN C. HEGARTY, 1116 JAMES J. MOUNTAIN, 4654 AMOS M. CHASE, 9905 FERNANDO L. HENDERSON, 5126 MICHAEL S. MOUSSEAU, 6738 RONALD G. CHEW, 6762 SAMUEL L. HENRY, 2353 JAMES G. MURPHY, 7323 LOUIS A. CHIARELLA, 7854 JOSEPH P. HEUER III, 5870 SANDRA D. MURRAY, 7387 LAURA J. CHICHESTER, 9145 WILLIAM E. HICKMAN, 8849 THOMAS T. MURRAY, 6244 SHAH A. CHOUDHURY, 1273 JAMES H. HIGGINBOTHAM, 0952 VALERIE J. MYLES, 1664

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PAUL P. NAIDOO, 7635 STEPHEN E. SPELMAN, 2978 MICHAEL L. WHETSTONE, 9609 ALAN B. NEIDERMEYER, 9604 DAVID W. SPENCE, 1977 DARRYL K. WOOLFOLK, 7268 MARK E. NEUSE, 3335 ROBERT D. SPESSERT, 0624 JOHN C. NEWCOMER, 8315 WENDY C. SPRIGGS, 0144 To be major KENNETH G. NIELSEN, 2977 GLEN C. STAGNITTA, 2758 CHRISTOPHER W. ABBOTT, 9229 BARBARA A. NUISMER, 0932 ROY Q. STATON, 9385 ANTHONY L. ADAMS, 3524 DAVID M. OAKS, 2914 JAMES E. STEVENS, JR., 1559 JAMES H. ADAMS, 8386 BRIAN E. OCONNOR, 6017 FRANK A. STEWART, 5302 LAWRENCE AGUILLARD, 4648 JANE K. OCONNOR, 4888 JOHN STEWART, JR., 2320 JAMES M. AHEARN, 3137 CRAIG D. ODEKIRK, 8576 ALAN L. STOLTE, 5856 DAVID K. ALMQUIST, 7755 PAUL V. OETTINGER, 5037 MICHAEL A. STONE, 5583 ROGER S. ALVAREZ, 2720 PATRICIA L. OKEEFE, 3164 ANTHONY W. STRATTON, 1470 JEFFREY S. AMOS, 7837 JARED W. OLSEN, 8045 JOHN D. STRICKLAND III, 0409 BRENDEN C. ANDERSON, 4135 GARY D. OLSON, 8781 SEAN P. SULLIVAN, 9914 JOSEPH L. ANDERSON, 4195 ROBERT A. OLSON, 8675 TIMOTHY J. SULLIVAN, 8456 MIGUEL A. APONTERODRIGUEZ, 6325 JAMES G. ONEIL, 3092 TIMOTHY J. SWANN, 8209 CLINTON R. ONEILL III, 5116 LEE E. TAFANELLI, 7294 BRENDAN JOSEPH ARCURI, 5499 MARVIN A. OWINGS, JR., 4103 VICTOR A. TALL, 0829 KRISTINE M. ARMSTRONG, 4974 CHARLES W. PALMER, 9134 ROBERT E. TEBERG, 9717 ERIC S. ATHERTON, 0569 MARC S. PAQUIN, 6459 STEPHEN F. TELLATIN, 0058 ANTONIO D. AUSTIN, 2324 MATTHEW W. PARSONS, 1248 DOUGLAS J. TELLESON, 3894 MICHAEL A. BACHAND, 5705 EDWIN D. PAYNE, 8877 PATRICK J. TENNIS, 8559 BRIAN K. BAKER, 1975 SAM M. PEARSON, JR., 0401 JACQUES D. THIBODEAUX, 8947 JAY F. BALL, 6244 RAPHAEL G. PEART, 1606 ARTURO T. THIELESARDINA, 4527 ROBERT S. BALLAGH, 5573 HARRY E. PECOTTE, 7077 SCOTT L. THOELE, 9099 CHARLES H. BARBER, 5358 DAVID A. PEEK, 4192 CHARLES M. THOMAS, 8247 CHRISTOPHER M. BARNWELL, 6106 MILTON PEREZ, 1919 LORETTA S. THOMAS, 6807 KYLE W. BAYLESS, 2060 JAMES E. PERRY, JR., 3769 JAMES W. THOMPSON, 9251 BRADLEY E. BECHEN, 1169 THOMAS E. PERRY, 8489 BOBBY C. THORNTON, 0446 BRIAN T. BECKNO, 0820 CARL E. PFEIFFER, 3062 JOHN W. TILFORD, 0504 JOHN C. BELANGER, 2488 JEFFREY W. PFLUG, 4194 JAMES M. TOBIN, 7240 GARY M. BELCHER, 6811 ALAN M. PHANEUF, 7050 JOHN C. TOBIN, 1894 PHILLIP D. BENEFIELD, 1606 RICHARD L. PHILLIPS, 8232 NEIL H. TOLLEY, 6054 ROBERT J. BERG, 8710 ROBERT A. PIAZZA, 8960 MITCHELL E. TORYANSKI, 7995 CEASAR P. BERGONIA, 8195 PATTON K. PICKENS, 7583 STANLEY E. TOY, 8736 BARRETT M. BERNARD, 7869 FRANCISCO A. PIETRI, 8192 JAMES E. TRAFTON, 0005 DAVID D. BIGGINS, 0572 LILLIAN C. PITTS, 1006 LARRY D. TURNER, 7483 JONATHAN A. BLAKE, 4913 JOHN C. PLUMLEY, 4702 RONDAL L. TURNER, 1107 MEGAN A. BOGLEY, 7567 THOMAS B. PLUNKETT, 2835 MICHAEL D. VANCE, 1199 RONALD A. BONOMO, 5354 WESTLEY J. POLENDER, 5430 STEVEN VANDERHOOF, 6893 DON E. BOTTORFF, 9181 ALLEN R. PONSINI, 8237 KIRK E. VANPELT, 3707 JEFFERY G. BOUMA, 7710 JAMES H. POWELL, 7173 RANDALL K. VANROOSENDAAL, 3662 JENNIFER I. BOWER, 5881 KENNETH W. POWELL, 4807 MICHAEL A. VASILE, 3465 ERIC L. BRADLEY, 8351 MONTY C. POWERS, JR., 0447 JOHN L. VAVRIN, 2222 TANYA J. BRADSHER, 4239 JOSEPH A. PRICE, 1322 ROBERT R. VESSELIZA, JR., 4685 CHARLES E. BRANSON, 6445 WOODROW S. RADCLIFFE, 0199 KARL A. VOIGT, 6613 JASON T. BRIDGES, 8820 SYLVIA M. RAFELS, 5182 RICK B. WAHLEN, 8730 KAREN L. BRIGGMAN, 0829 MATTHEW A. RANEY, 1988 JOHN W. WALERSKI, 8751 BRIAN D. BRITTAIN, 0454 KENNETH W. RATHJE, JR., 3999 JOHN E. WALSH, 6031 HARRY D. BROOKS, 0026 GEORGE F. REASOR, JR., 8847 KENNETH F. WALTER, 0451 NICHOEL E. BROOKS, 7057 BRAD D. REID, 4052 ROBERT P. WALTERS, 3442 DARRYL B. BROWN, 5880 PATRICK A. REILY, 7285 TIMOTHY L. WALTERS, 3998 EDWARD F. BUCK, 3255 DONALD A. RENNER II, 4409 ROBERT R. WALTON, JR., 4442 ROBERT A. BURGE, 6255 JAMES R. RICE, 2745 MARK R. WARNECKE, 8007 THOMAS E. BURKE, 0130 BART A. RIGG, 8883 NELSON B. WARTHAN, 5695 MATTHEW L. BURR, 1775 BIENVENIDO RIVERA, 0171 JAMES Z. WARTSKI, 5157 LINNIE W. CAIN, 0040 RICHARD T. ROBERTS, 0787 BARRY J. WASHINGTON, 3179 ROBERT A. CAIN, 0767 KEVIN P. ROBINSON, 8803 PAULINE E. WASHINGTON, 7719 EARL D. CALEB, 1958 PAUL E. ROEGE, 6326 TIMOTHY A. WATERS, 1065 LUKE T. CALHOUN, 0731 GORDON A. ROGNRUD, 1393 DIANNE B. WATKINS, 3593 CHAD A. CALVARESI, 1534 WILFREDO ROSARIO, 4536 WALTER T. WEAVER, 0061 ROMAN J. CANTU, 6709 ROBERT W. ROSHELL, 2359 RICHARD D. WELCH, 1097 DOUGLAS J. CARBONE, 9547 JAMES W. ROSS, JR., 1067 RUBEL D. WEST, 4025 THOMAS E. CARLSON, 7152 JEANNE M. ROWAN, 6009 DANA A. WHALEY, 9878 OWEN B. CASTLEMAIN, 5308 DAVID W. ROWLAND, 2552 JAMES K. WHITE, JR., 0795 JOHN R. CAUDILL, 8453 ARLEN R. ROYALTY, 2559 JOHN D. WHITE, 5673 STEVEN CELESTE, 2910 GLORIA A. RUDOLPH, 9835 MICHAEL T. WHITE, 8349 MICHAEL A. CHARLEBOIS, 4845 JAMES W. RUNYON, 3112 SCOTT J. WHITTEMORE, 4293 DARREN L. CHARTIER, 4755 DAVID P. RURUP, 6392 ANTHONY A. WICKHAM, 1603 TORRANCE D. CHISM, 7460 JAMES A. RUTH, 8053 BERND WILLAND, 2203 JOSEPH J. CIESLO, 5277 SEAN RYAN, 6230 GREGORY K. WILLIAMS, 3399 JORGE L. CINTRONOLIVIERI, 4658 DANIEL T. SAILER, 6562 JAMES T. WILLIAMS, 6361 JOSEPH D. CLARK, 5369 REBECCA C. SAMSON, 1858 JESSE J. WILLIAMS, 4245 MICHAEL J. CLARKE, 9296 CRAIG R. SANDERS, 4891 JAMES M. WILLIAMSON, 2346 CLYDE S. COCHRANE, 0721 DAVID W. SANDERS, 1967 LARIE J. WILSON, 1738 CHRISTOPHER H. COLAVITA, 8585 STEPHEN W. SANDERS, 7316 ROBERT E. WINDHAM, JR., 5536 MALCOLM C. COLE, 7677 ANDREW P. SCHAFER, JR., 1396 LISA M. WINDSOR, 2791 RAHHSHAHUN COLLEY, 4116 LORIN E. SCHELL, 7531 TEY C. WISEMAN, 9660 SCOT A. COLVER, 7208 CLAUDE I. SCHMID, 5873 FREDERICK F. WOERNER, 4065 JAMES M. COOK, 2546 GARY T. SCHMITT, 1537 JOAL E. WOLF, 9427 ROBERT H. COOPER, 4087 MARK B. SCHMITZ, 8412 JEROLD A. WOOD, 5849 MICHAEL R. CORBISIERO, 4860 MARK K. SCHMITZ, 9469 PATTI D. WOODS, 4325 SEAN M. COREY, 6554 WILLIAM J. SCHOCK, 9594 BART L. WOODWORTH, 8283 DOUGLAS J. COTE, 5245 THOMAS G. SCHOLTES, 5237 KAREN L. WRIGHT, 2451 WILLIAM D. COTTY, 1754 LAWRENCE M. SCHORR, 6460 KENNETH L. WRIGHT, 8122 KEVIN E. COUNTS, 1115 EMMETT C. SCHUSTER, 6572 DALLAS F. WURST III, 9386 MARVA D. COURTNEY, 5299 MICHAEL D. SCHWARTZ, 2161 WILLIAM A. ZAMMIT, 2894 ERICK C. CREWS, 6108 GLENN G. SCHWEITZER, 9758 MICHAEL R. ZERBONIA, 6894 SIDNEY W. CREWS, 7697 ARTHUR L. SCOTT, 9736 DAVID R. ZYSK, 0099 MARY K. CRUSAN, 9778 STEVEN T. SCOTT, 2934 MANUEL CRUZ, 1526 SHAUN A. SCULLY, 2705 THE FOLLOWING NAMED OFFICERS IN THE GRADES IN- RICHARD E. CURETON, 2357 LEVONDA J. SELPH, 0902 DICATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., CHRISTOPHER S. CUTLER, 8745 DENNIS R. SEWELL, 0128 SECTION 531: WESLEY G. DABNEY, 0613 DAVID R. SHAW, 5450 To be lieutenant colonel DEXTER C. DANIEL, 3143 STEVE SHELTON, 8252 DAVID J. DANIELS, 9827 DAVID P. SHERIDAN, 1861 HOLTORF R. ALONSO, 2946 DANIEL L. DAVIS, 1367 JONATHAN L. SHIELDS, 9396 JAMES A. BAILIE, 4538 MICHAEL E. DAWSON, 9309 SCOTT E. SHORT, 8750 KELLY N. CAMPBELL, 8749 JEFFREY A. DECARLO, 2225 JOSEPH L. SIEBER, 5897 BRYAN A. GROVES, 5056 BRIAN N. DELAPLANE, 1499 JULES D. SILBERBERG, 8819 MICHAEL D. HILLIARD, 4950 ERIC M. DERYNIOSKI, 9531 SCOTT C. SIMMONS, 2707 LADONNA M. HOLT, 7292 DWAYNE A. DICKENS, 8706 EDDIE L. SINGLETON, 3181 JEFFREY J. HUNT, 0495 MARCUS K. DICKINSON, 4309 GEOFFREY SLACK, 8554 TINA S. KRACKE, 9655 BRADLEY S. DOMBY, 1216 LAWRENCE J. SLAVICEK, 3608 GEORGE A. LUMPKINS, 5165 THOMAS A. DORSEY, 5044 PATRICK J. SLOWEY, 2166 ALBERT J. MCCARN, 8304 JOHN F. DOWNEY, 1724 DAVID O. SMITH, 1060 GEORGE F. MINDE, 7894 JOSEPH W. EDSTROM, 0528 DONALD E. SMITH II, 3472 CAROL S. MOSSBAILEY, 5439 JOHN E. ELRICH, 6278 HOPPER T. SMITH, 2425 LARRY D. NAYLOR, 4921 RYAN W. EMERSON, 8945 JAMES T. SMITH, JR., 1294 FELIX ORTIZ, 6766 ROBERT E. ERIKSEN, 3826 PAUL G. SMITH, 4590 ROGER A. PRETSCH, 9728 BRIAN B. ETTRICH, 3570 RICHARD S. SMITH, 4607 RONALD A. RYNNE, 2695 BRAD J. EUNGARD, 8660 WILLIAM L. SMITH, 8577 EUGENE SAIN, 9773 CHARLES A. FALLANG, 7860 LEWIS R. SNYDER, 6530 GLENN G. SCHWEITZER, 9758 JAMES A. FAULKNOR, 9711 WILLIAM M. SNYDER, 2514 STEVEN A. STEBBINS, 2652 RYAN J. FAYRWEATHER, 4483 ALAN K. SOLDAN, 1778 JOHN S. WEAVER, 7542 JOHN A. FEJERANG, 5035 DIRK D. SPANTON, 6413 JOEL D. WEEKS, 2717 KEITH X. FENNELL, 8923 RICHARD E. SPEIRS, 8403 FREDERICK P. WELLMAN, 8433 GEORGE G. FERIDO, 5385

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JOHN M. FERRELL, 9556 KENNETH KLOCK, 6506 WILLIAM E. RIEPER, 8105 ALFREDO E. FERRER, 1263 KENNETH W. KNOWLES, 6885 SCOTT W. RILEY, 1923 BARBARA R. FICK, 3579 PETER J. KOCH, 6940 ROBERT A. RISDON, 9291 KEVIN FIELD, 8827 KARLIS A. KRIEVINS, 0383 MICHAEL A. RITCHART, 9704 GARY D. FITTS, 0428 GARY C. KUCZYNSKI, 6212 CARLOS A. RIVERA, 1307 WILLIAM G. FITZHUGH, 3056 CARL A. LAMAR, 8734 JOSEPH F. ROACH, 7543 AARON P. FITZSIMMONS, 3686 DAVID J. LAMBRECHT, 1917 ANDREW P. ROBERTS, 4921 CHRIS A. FLAND, 4128 JAY C. LAND, 5748 CURTIS V. ROBERTS, 2149 ERIC C. FLESCH, 6761 ANDREW M. LAWFIELD, 9370 ZANDRA D. ROBINSON, 9452 TOY G. FLORES, 9243 STEPHEN W. LEDBETTER, 7853 CHRISTOPHER RODRIGUEZ, 3897 THOMAS M. FLOYD, 9406 ANGELA LEE, 5896 EARL ROE, 2023 ROLAND C. FORD, 0717 CEDRIC D. LEE, 8933 PATRICK A. ROSE, 0165 JONATHAN A. FOSKEY, 9956 BRADEN G. LEMASTER, 0369 ELBERT G. ROSS, 7318 MATTHEW J. FOX, 7562 KEEGAN S. LEONARD, 7776 CHARLES X. ROTE, 7661 BARRY J. FRANKS, 9633 HERBERT E. LEPLATT, 4601 ROBERT D. ROUSE, 0292 PHILLIP A. FRERES, 4896 KENNETH W. LETCHER, 4682 JAN L. RUESCHHOFF, 2509 RICHARD C. FULGIUM, 1282 PETER S. LEVOLA, 3349 SCOTT M. RUSH, 0999 BLAISE L. GALLAHUE, 0523 ALAN T. LINDLEY, 3754 MICHAEL J. RUTHERFORD, 9395 JOSE L. GALVAN, 1607 WALTER LLAMAS, 3959 BRYAN W. RYDER, 3364 JESUS GARCIA, 3974 JAMES L. LOCK, 7086 RAMIRO R. SALAZAR, 1648 JOSE A. GARCIAESMURRIA, 9416 ARTHUR J. LONTOC, 1135 STEVEN M. SALLOT, 1756 HILTON B. GARDNER, 0802 JOHN D. LOONEY, 8175 STEVEN R. SAMUELSON, 5737 TIMOTHY M. GARTEN, 7985 RALPH A. LOUNSBROUGH, 2284 FLORENTINO SANTANA, 1874 STEVEN M. GEORGE, 8185 KIRK A. LUEDEKE, 3896 RICHARD D. SAVAGEAU, 0765 JOSEPH B. GILION, 3501 ROBERT LUTZ, 5897 BRIAN R. SCHAAP, 4256 STEPHEN M. GOLDMAN, 6826 FREDDIE A. MACK, 5533 WILLIAM R. SCHAFFER, 6637 ROBERTO GONZALEZPENA, 2685 MATTHEW D. MACNEILLY, 7199 JEFFREY M. SCHROEDER, 5748 KENNETH S. GOODPASTER, 3950 STEVEN MADDRY, 4149 SHAWN C. SCHULDT, 3256 SARAH M. GOODSON, 8827 MARIANNE MADRID, 7696 BRADLEY C. SCHUTZ, 3284 GIUSTI GOVEO, 3112 TOBIAS M. MAGAN, 3706 CARMELIA J. SCOTTSKILLERN, 9226 KATHERINE J. GRAEF, 2715 JOEL S. MAGSIG, 6504 JERRY SCRIVEN, 7033 SCOTT D. GRANT, 7183 LUCIO MALDONADO, 9908 JEFFREY A. SHANER, 1239 MAUREEN J. GREEN, 3818 DANIEL M. MALONEY, 4616 JAMES SHARP, 0861 GEOFFREY D. GREENE, 9879 ROBERT P. MANN, 8419 EULYS SHELL, 7536 CHRISTOPHER P. GRELL, 6510 GREGORY A. MANNS, 1506 AARON R. SHIELDS, 7686 JEFFREY C. GROSKOPF, 6969 VINCENT G. MARTINELLI, 7018 SCOTT A. SHORE, 3253 JOSEPH W. GROSS, 2049 LILLIAM MARTINEZ, 5671 THOMAS A. SHULTZ, 5253 CRAIG S. GUTH, 4701 FRANK W. MAUDIE, 0493 DERRICK J. SINGLETON, 1942 PETER J. HABIC, 8936 JAMES A. MAXWELL, 9323 JONATHAN B. SLATER, 0856 WALTER O. HADLEY, 9344 ROBERT J. MCARDLE, 6398 MORGAN SMILEY, 6436 DEAN B. HAGADORN, 5088 KEVIN J. MCAULIFFE, 5735 ERIC T. SMITH, 9894 MICHAEL A. HALES, 8641 EDWARD W. MCCARTHY, 2090 FELTON SMITH, 5921 RONALD HALEY, 2070 MICHAEL MCCURRY, 8227 GREGORY S. SMITH, 9434 LAMONT J. HALL, 3137 JESSE MCFARLAND, 4382 MICHAEL J. SMITH, 8051 RICHARD A. HALL, 0279 MITCHELL J. MCKINNEY, 8751 PATRICK M. SMITH, 9522 JASON M. HANCOCK, 6634 GLENN MCNORIAL, 7457 ROBERT SMITH, 8364 JERRY L. HARDING, 0653 JOSEPH W. MEANS, 2591 SAMUEL D. SMITH, 0735 AARON HARDY, 4061 RICHARD L. MENHART, 5868 MICHAEL J. SNIPES, 7078 GORDON D. HARRINGTON, 2807 BRIAN M. MICHELSON, 3787 ROBERT SNYDER, 4860 SAMUEL HARVILL, 7570 CHRISTOPHER W. MILLER, 4315 JOHN P. SPANOGLE, 1730 KRISTEN A. HASSE, 1924 JAMES MILLER, 6060 ANTHONY D. SPAULDING, 3910 GARY M. HAUSMAN, 9250 RUSSELL S. MILLER, 1280 BERNHARD SPOERRI, 8209 GEORGE J. HAWVER, 3214 WILLIAM M. MIZELL, 3453 MARK L. STEBBINS, 3328 KENNETH G. HAYNES, 2305 DAVID R. MIZELLE, 8983 JENNIFER M. STEPHENS, 5217 TAMARA L. HEDBERG, 9175 DOUGLAS A. MOHLER, 6057 LLOYD C. STERLING, 8736 AARON D. HEIMKE, 5744 KAREN J. MONROE, 9754 MICHAEL D. STERRETT, 7859 ERIK L. HEINZ, 5398 THEO K. MOORE, 2014 ROGERS STINSON, 1082 PAUL A. HENLEY, 8420 VIRGINIA A. MOORE, 0817 TAMMY L. STOCKING, 0218 BARTHOLOME J. HENNESSEY, 1832 SAMUEL W. MORGAN, 7450 STEVEN D. STOWELL, 4491 LAWRENCE W. HENRY, 5207 SEAN P. MORIARTY, 2186 DONALD P. SUTTON, 8288 PAUL A. HENRY, 4032 JAMES C. MOSES, 4848 JOHN F. TAFT, 0493 RENE G. HERNANDEZ, 9170 JOSEPH M. MOUER, 2125 ALBERT J. TAPP, 6472 RUFINO HERRERA, 6406 JAMES D. MULLINAX, 9624 CALVIN C. THOMAS, 5597 PAUL E. HESLIN, 6242 ROBERT D. MURPHY, 1741 CHRISTOPHER M. THOMPSON, 6417 ERIC L. HESTER, 3729 MICHELLE M. MURRAY, 1907 JOHN THROCKMORTON, 0202 JEFFREY D. HICKS, 4814 JAMES M. MYERS, 9293 BOGDAN T. TOCARCIUC, 1910 JAMES HILLIAN, 5239 RICKEY MYSKEY, 4351 VICTOR E. TODD, 9726 DANIEL R. HOCHSTATTER, 9375 JOSE NAPUTI, 6930 AADAM B. TRASK, 4552 EVERETT D. HOCKENBERRY, 9145 JEFFREY S. NELSON, 3235 PATRICK W. TRIPLETT, 0349 CHRISTOPHER W. HOFFMAN, 2539 KEITH L. NELSON, 6449 DAVID S. TROUTMAN, 9174 JASON L. HOGE, 7187 THOMAS M. NELSON, 0567 ANDRE V. TUCKER, 6641 GREGORY A. HOLIFIELD, 4393 DANTE S. NETHERY, 2281 BRETT M. TURNER, 4588 LOREN A. HOLLINGER, 5884 MARK T. NEUMANN, 6900 GREGORY S. TURNER, 0832 KEVIN M. HOLTON, 3957 THONG H. NGUYEN, 3080 KEVIN C. TYLER, 5651 STEVEN T. HOPINGARDNER, 6719 JEFFREY S. NIEMI, 4579 OSCAR R. TYLER, 4506 STEVEN G. HOPPER, 5920 MICHAEL J. NIXON, 3534 PAUL B. TYRRELL, 7405 STEVEN T. HOWELL, 0888 SCOTT P. NOLAN, 6645 JAMES T. VALENTINE, 9935 EDWARD J. HUNTER, 3506 RYAN P. OCONNOR, 6588 ROBERT H. VALIEANT, 6498 TERRY C. HYMAN, 2619 HENRY OFECIAR, 0454 VICTOR C. VASQUEZ, 9179 TIMOTHY M. IRISH, 8699 ROSS M. OHARAHULETT, 0890 GERARD A. VAVRINA, 9677 ALEXANDER ISAAC, 1625 MARGARET OHMS, 7139 SCOTT D. VERVISCH, 3591 JOSEPH G. IZAGUIRRE, 3129 CHARLES R. OQUINN, 4489 DERIK F. VONRECUM, 7019 SHANNON C. JACKSON, 7900 JOSEPH PALASTRA, 3490 DOUGLAS J. WADDINGHAM, 4902 WILLIAM K. JAKOLA, 0142 JOHNATHAN T. PARCHEM, 3611 CRAIG S. WAGONER, 6980 JOHN A. JAMES, 0869 CARL L. PARSONS, 6330 MARION WALKER, 5568 EDWIN B. JANKOWSKI, 7263 KEVIN M. PAYNE, 4335 RHETT D. WALKER, 8198 DEAN E. JANOSIK, 9806 AUSTIN PEARSON, 9365 CHAD E. WARD, 9390 THOMAS G. JAUQUET, 2783 GARY PEARSON, 3063 FORTE D. WARD, 4513 DEVERICK M. JENKINS, 2813 GERRY A. PEPPMULLER, 6527 JOEL E. WARHURST, 5743 DARREN K. JENNINGS, 5136 GARTH N. PEREZ, 3610 KENNETH D. WATSON, 5928 WYLIE A. JENSEN, 4810 THOMAS C. PETTY, 4455 TY S. WEAVER, 8985 THOMAS D. JESSEE, 0273 CHRISTOPHER J. PFLANZ, 5547 SAMUEL J. WELCH, 9576 ANNETTE JOHNSON, 1495 JIMMY M. PHILLIPS, 1274 ROBERT B. WENGER, 0049 BRION L. JOHNSON, 1150 SEAN M. PICCIANO, 3336 GUY E. WETZEL, 2494 ROBERT D. JOHNSON, 9520 MICHAEL D. PIERCE, 6494 RICHARD WHITTINGSLOW, 9761 RONNY A. JOHNSON, 3484 ALFONSO T. PLUMMER, 5933 BRIAN L. WILLIAMS, 3969 STEVEN M. JOHNSON, 3828 DAWSON A. PLUMMER, 1812 JASON D. WILLIAMS, 1243 STEVEN R. JOHNSON, 9131 JOHN P. POPPIE, 4583 EDWARD B. WILTCHER, 2219 TERRANCE L. JOHNSON, 9283 PAUL POWELL, 6354 RITA J. WINBORNE, 7781 THOMAS JOHNSON, 1441 SHANE P. POWELL, 9368 TROY S. WISDOM, 6431 WILLIAM N. JOHNSON, 0285 BRIAN W. PREISS, 0621 EVAN H. WOLLEN, 8309 DESMOND C. JONES, 8861 KEITH T. PRITCHARD, 3465 BREN K. WORKMAN, 0712 BRENT M. JORGENSEN, 4018 ERIC S. PULS, 9722 JASON M. WRIGHT, 5902 ANDREW D. KAMINSKY, 1142 JOHN QUINENE, 8855 STEVEN YAMASHITA, 4644 CLINT E. KARAMATH, 9379 ANTHONY U. QUINN, 6989 WILLIAM R. YOUNG, 1598 STEPHEN L. KAVANAUGH, 2088 MICHAEL A. QUITANIA, 5122 JOHN J. ZEIGLER, 3504 SEAN A. KEENAN, 0652 KENNETH A. RAIFORD, 5523 PAUL B. ZEPERNICK, 3525 JIM R. KEENE, 3892 CHARLES R. RAMBO, 4386 RICHARD M. ZYGADLO, 9652 MICHAEL B. KELLEY, 3745 RICHARD RAMSEY, 6515 KEVIN KELLY, 2728 RICHARD A. RASSBACH, 8352 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY S. KEMP, 0997 KEITH R. RAUTTER, 6222 TO THE GRADE INDICATED IN THE UNITED STATES ARMY IAN P. KENNEDY, 5981 CRAIG M. RAVENELL, 8106 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, WILLIAM KEPLEY, 2757 ANDREW M. REARDON, 3691 U.S.C., SECTIONS 624 AND 3064: ROBERT F. KIERMAYR, 2000 DON REDD, 9238 To be colonel DON KING, 3356 ERIC M. REMOY, 9686 GARY W. KING, 2627 ERIK J. REYNOLDS, 5463 THOMAS E. AYRES, 6834 DANIEL K. KIRK, 7880 MICHAEL E. REZABEK, 4559 GREGORY T. BALDWIN, 5108

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TRACY A. BARNES, 6944 PERRY R. SMITH, 4281 WILLIAM D. BRINKLEY, 0656 BRIAN H. BRADY, 9201 RONALD A. STEPHENS, 0348 MATTHEW W. BROADDUS, 8675 FRED K. FORD, 4318 GREGORY E. STEWART, 9050 EDWARD J. BROCK, 9254 MICHAEL J. HARGIS, 4890 JEFFREY A. STIMSON, 6323 DEBORAH P. BROUGHTON, 9588 JAMES W. HERRING, JR., 4584 VINCENT M. TOBIN, 2081 DAVID A. BROWN, 7913 RANDY T. KIRKVOLD, 1727 DAVID L. TRELEAVEN, 5709 OTIS L. BROWN II, 2876 TARA A. OSBORN, 7495 CHARLES W. VANBEBBER, 1844 STANLEY M. BROWN, 4068 JODY M. PRESCOTT, 4715 KIRK F. VOLLMECKE, 0539 STEPHEN E. BRUCH, 3894 MICHAEL E. SAINSBURY, 9695 ERIC J. VONTERSCH, 3040 JAMES E. BRUNDAGE, 3064 MARK W. SEITSINGER, 5247 FRANK P. WAGDALT, 2153 JOSEPH P. BUCHE, 7260 KATHERINE SPAULDINGPERKUCHIN, 1133 BRIAN C. WINTERS, 0997 LAURIE G. BUCKHOUT, 9695 PAMELA M. STAHL, 2605 JOHN S. WRIGHT, 3561 STEVEN L. BULLIMORE, 0921 KENNETH J. TOZZI, 7904 ROBERT A. BURNS, 9194 STEVEN E. WALBURN, 8749 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM C. BURRELL, 9303 PETER C. ZOLPER, 4882 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN A. BUTLER, 0636 UNDER TITLE 10, U.S.C., SECTION 624: SEAN M. CALLAHAN, 9368 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel JAMES M. CAMPBELL, JR., 5761 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT K. CARL, 1014 UNDER TITLE 10, U.S.C., SECTION 624: DANIEL G. AARON, 4632 RICHARD A. CARLSON, 3087 To be colonel JOSEPH F. ADAMS, 6138 SCOTT M. CARLSON, 7889 JOSEPH C. AMMON, 8798 MARTIN T. CARPENTER, 6281 ROBERTO C. ANDUJAR, 8723 AMANDA L. ANDERSON, 5284 DANIEL L. CASSIDY, JR., 0335 DAVID A. BARLOW, 8040 ANTHONY P. ARCURI II, 7348 JOHN G. CASTLES II, 7381 KENNETH C. BARTLETT, 1769 DUANE E. BRUCKER, 5322 ROBERT J. CEJKA, 1037 DEAN F. BLAND, 8316 GWYNNE T. BURKE, 0004 THOMAS C. CHAPMAN, 5006 STEVEN A. BOYLAN, 2927 GREGORY L. CANTWELL, 6258 J. KEVIN CHESNEY, 0738 THOMAS W. COLLINS, 9982 CARLEN J. CHESTANG, JR., 2704 JAMES H. CHEVALLIER, 6206 DERIK W. CROTTS, 3743 VERNON T. DAVIS, 5040 JONATHON L. CHRISTENSEN, 4847 STEVEN P. DAMON, 6225 ROBERT L. DEYESO, JR., 3444 STEPHEN M. CHRISTIAN, 2782 MARK G. EDGREN, 5346 JAMES F. DICKENS, 3577 KEVIN A. CHRISTIE, 8694 PATRICK F. FRAKES, 9515 JUDE C. FERNAN, 0538 NORBERTO R. CINTRON, 6141 FREDERICK A. HENRY, 0461 ANDREW G. GLEN, 1275 TROY A. CLAY, 4937 JOHN J. HICKEY, JR., 1716 MICHAEL B. GLENN, 6716 SAMUEL CLEAR, 9666 ROBERT W. HOELSCHER II, 2190 JOSH H. GOEWEY, 4543 CLAYTON W. COBB, 7771 JEFFREY S. JOHNSON, 9586 STEVEN R. GRIMES, 8174 ANTONIO S. COLEMAN, 8101 PATRICK M. MANNERS, 9828 THEA HARVELL III, 9604 JOHN E. COLLIE, 0597 MARK A. MCMANIGAL, 3993 DOUGLAS A. HERSH, 5429 PEGGY C. COMBS, 8339 JAMES L. MERCHANT III, 7672 ROBERT L. HESSE, 2830 CHRISTOPHER E. CONNER, 5135 JOHN P. MILLAR, 1673 DAVID E. HILL, JR., 3414 JUDSON A. COOK, 3579 MICHAEL J. NEGARD, 5271 JOEL R. HILLISON, 3949 LORELEI E. COPLEN, 9724 GERALD J. OHARA, 3497 HERSHEL L. HOLIDAY, 7126 MARK A. COSTELLO, 5382 CARL D. PORTER, 1879 PAMELA J. HOYT, 4710 JOHN A. COX, 4325 MICHAEL H. POSTMA, 4728 ROBERT S. HUME, 0168 MICHAEL P. CRALL, 2044 PATRICIA A. QUINN, 5350 LAUREL J. HUMMEL, 5392 BRUCE T. CRAWFORD, 3022 THOMAS W. QUINTERO, 2257 CARL M. JOHNSON, 6975 ANTHONY CRUZ, 6211 HAROLD W. REEVES, JR., 2170 WILLIAM E. JOHNSON, JR., 7890 FRANKIE CRUZ, 7484 ROBERT S. REILLY, 2301 KATHLEEN L. KNAPP, 2174 JOHN P. CURRAN, 1011 THOMAS C. RIDDLE, 1368 RICHARD A. LACQUEMENT, 0119 BEVAN R. DALEY, 5550 ANDREW B. SEWARD, 8892 GARRETT R. LAMBERT, 5548 EDWARD M. DALY, 0285 ROBERT M. SHEPPARD, 4830 ROBERT F. LARSEN, JR., 0579 RICHARD S. DAUM, JR., 0984 WILLIAM J. STERNHAGEN, 3486 JON M. LOCKEY, 5991 SUSAN A. DAVIDSON, 0347 ANDREW W. STEWART, 9545 JASON C. LYNCH, 2387 ALEXANDER D. DAVIS, JR., 0206 STEPHEN M. WOOLWINE, 9615 JOHN M. MATTOX, 7107 MARCUS F. DEOLIVEIRA, 4027 KENNETH A. YOUNG, 4857 THOMAS D. MAYFIELD III, 9141 JOHN K. DEWEY, 0561 TAMER R. MCGUIRE, 8164 MARK A. DEWHURST, 1274 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEAN W. MENGEL, 4048 JAMES H. DICKINSON, 0195 TO THE GRADE INDICATED IN THE UNITED STATES ARMY KARL F. MEYER, 2321 LILLIAN A. DIXON, 5119 UNDER TITLE 10, U.S.C., SECTION 624: KENT M. MILLER, 5790 WILLIAM H. DODGE, 1779 To be colonel RONALD C. MIXAN, 0179 TERRANCE J. DOLAN, 3586 PHILLIP T. NETHERY, 8504 DAVID W. DORNBLASER, 4892 CRAIG J. AGENA, 2635 DAVID R. NORTON, 7479 ROBERT L. DOUTHIT, 3258 RICHARD C. AKRIDGE, 7964 ROBERT A. POWELL, 8526 JEFFREY M. DOUVILLE, 5332 DANIEL A. ALABRE, 8487 SCOTT A. PRINTZ, 1698 JOHN F. DOWD, JR., 7276 JOHN P. ANDERSON, 0111 MILTON L. SAWYERS, 5727 DAVID R. DRAEGER, 3794 GREGORY V. BARRACK, 6075 JOHN C. SEES, JR., 9042 DAVID D. DWORAK, 4198 CHRISTOPHER R. BENYA, 1907 JAMES T. SEIDULE, 9393 GREGORY J. DYEKMAN, 8844 BOBBY F. BLACKWELL, 7136 THOMAS P. SLAFKOSKY, 2225 ROBERT C. EFFINGER III, 6815 JAIME L. BONANO, 2030 CHERYL L. SMART, 6754 RICHARD A. EVANS, 8233 JON W. CAMPBELL, 7736 JOHN J. SMITH, 3670 SAMUEL S. EVANS, 3990 PHILIP J. CAREY, 9227 DAVID A. WALLACE, 7088 THOMAS H. EVANS, 9345 MARK A. CONLEY, 1453 MICHAEL S. WEAVER, 2688 KARI L. EVERETT, 3765 WILLIAM N. COSBY, 7876 CHRISTOPHER F. WHITE, 5863 BENJAMIN A. EVERSON, 4077 VENTURA A. CUELLO, 2758 RICHARD E. WIERSEMA, 3746 KURT W. FEDORS, 8138 RALPH C. DELUCA, 1106 MARILYN D. WILLS, 9412 KEVIN M. FELIX, 5810 DANNY S. DENNEY, 0721 JOHN FENZEL III, 7629 KEITH R. EDWARDS, 9441 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH M. FISCHETTI, 3188 DANIEL J. GETTINGS, 5492 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDRE Q. FLETCHER, 8431 JOSEPH A. GREBE, 1281 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN SCOTT N. FLETCHER, 6589 RUSSELL L. GRIMLEY, 9329 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND FRANKLIN D. FORD, JR., 5359 THOMAS K. HAASE, 9450 531: BRUCE C. FOREMAN, 7284 KIRK J. HASCHAK, 5479 To be colonel MARK R. FORMAN, 1365 JOHN P. HESS, 1877 DARRELL D. FOUNTAIN, 3549 GLENN R. HUBER, JR., 2040 WILLIAM G. ADAMSON, 0749 CYNTHIA L. FOX, 6045 KENNEDY E. JENKINS, 3729 ROBERT B. AKAM, 9481 MICHELLE M. FRALEY, 5141 STEVEN W. KIHARA, 3308 GEORGE G. AKIN, 4347 ROBERT E. FREEHILL, 1235 DION J. KING, 7557 MICHAEL A. ALBANEZE, 1668 BYRON A. FREEMAN, 4070 ANDRE C. KIRNES, 2593 ERIC S. ALBERT, 9721 RONALD A. FROST, 2253 LANE J. LANCE, 6908 DAVID R. ALEXANDER, 8456 ANTHONY C. FUNKHOUSER, 0447 PAUL R. LEPINE, 6527 KEITH A. ANDERSON, 0315 PAUL W. GAASBECK, 5163 THOMAS C. LOPER II, 1602 BRENDA A. ANDREWS, 9426 DOUGLAS M. GABRAM, 7656 DANIEL J. MCCORMICK, 2766 HODGES ANTHONY, JR., 6774 PETER A. GALLAGHER, 0190 KIP A. MCCORMICK, 4070 JUAN L. ARCOCHA, 4718 WILLIAM E. GARNER, 6990 DAVID T. MCNEVIN, 0105 CHRISTOPHER S. ARGO, 8411 MARK L. GARRELL, 7792 LAWRENCE W. MCRAE, JR., 1215 SPENCER Q. ARTMAN, 2080 JOHN F. GARRITY, 4787 BRYAN J. MCVEIGH, 3347 DAVID A. ATCHER, 1411 PATRICK M. GAWKINS, 0678 SCOTT G. MESSINGER, 9248 DAVID D. BAKER, 0036 DAVID T. GERARD, 0513 STEVEN J. MINEAR, 8727 MICHAEL J. BARBEE, 5538 JOSEPH I. GILL III, 9990 DAVID M. MOORE, 8772 RANDALL T. BARNES, 8728 WESLEY G. GILLMAN, 6473 VINCENT J. MOYNIHAN, 9555 WILLIAM M. BARNETT IV, 2122 PAUL E. GIOVINO, 7123 FREDDY W. MULLINS, 7070 RICHARD E. BARROWMAN, 1827 HARRY C. GLENN III, 5031 PEDRO A. ORONA, 3437 BRADLEY A. BECKER, 9665 DALE E. GOBLE, 3577 PAUL A. OSTROWSKI, 6906 JOHN A. BECKER, 7472 GLENN H. GOLDMAN, 2617 JOHN R. OXFORD, JR., 3233 RICHARD M. BECKINGER, 0088 KERRY M. GRANFIELD, 3093 YEONG T. PAK, 4296 KEVIN R. BEERMAN, 5277 JAMES W. GRAY, 1649 JACK A. PELLICCI, JR., 7613 GERALD E. BELLIVEAU, JR., 5623 GLENN K. GROTHE, 0472 MICHAEL R. PERRY, 6424 CHRISTOPHER F. BENTLEY, 4500 BRYAN A. * GROVES, 5056 PHUONG T. PIERSON, 3840 DOUGLAS L. BENTLEY, JR., 7745 EDUARDO GUTIERREZ, 9670 ANTHONY W. POTTS, 9887 BRYAN W. BEQUETTE, 9773 DAVID B. HAIGHT, 6783 DAVID J. RICE, 3387 MEAREN C. BETHEA, 1395 JOHN F. HALEY, 8632 KEITH W. ROBINSON, 9249 RANDOLPH R. BINFORD, 7251 DAVID W. HALL, 3872 HUMBERTO RODRIGUEZ, 7775 KEVIN R. BISHOP, 6548 JEFFREY M. HALL, 3340 HECTOR A. SALINAS, 6212 DAVID L. BLAIN, 4479 SHARON R. HAMILTON, 3457 MATTHEW C. SCHAFER, 7495 RANDALL W. BLAND, 8984 LEE E. HANSEN, 6711 KARL R. SEABAUGH, 2990 MICHELE P. BOLINGER, 4658 JOHN W. HARNEY, 0091 CHRISTOPHER A. SHALOSKY, 7728 CURTIS D. BOYD, 3571 CHERYL A. HARRIS, 3930 MICHAEL S. SKARDON, 4414 STUART W. BRADIN, 1669 JEFFERY T. HARRIS, 8055 BOBBY L. SMITH, 1570 JOSEPH A. BRENDLER, 4671 CLAY B. HATCHER, 7283

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JEFFREY B. HELMICK, 5340 MOLLY A. ODONNELL, 2434 BRETT D. WEIGLE, 9774 BARRY R. HENSLEY, 4330 JOHN E. ONEIL, 3457 ROBERT W. WERTHMAN, 6328 MARVIN C. HIGDON, 8791 TIMOTHY S. OROURKE, 4664 CARY S. WESTIN, 2266 TERENCE J. HILDNER, 8727 AUGUSTUS L. OWENS II, 1746 DAVID C. WESTON, 8862 JEFFREY G. HILL, 9978 JOHN T. OWENS III, 8458 STEVEN D. WESTPHAL, 7717 WILLIAM V. HILL III, 0148 JOSEPH V. PACILEO, 8194 SAMUEL R. WHITE, JR., 3340 LAWRENCE B. HOLMES, 3789 DAVID B. PARKER, 1529 ANTHONY R. WILLIAMS, 6025 COLIN L. HOOD, 4701 STEVEN W. PATE, 2730 BENNIE WILLIAMS, JR., 3608 STEPHEN G. HOOD, 5544 RANDOLPH L. PATTERSON, 3315 CHARLES E. WILLIAMS, 2005 DAVID S. HUBNER, 2643 CHRISTOPHER W. PEASE, 0054 DANIEL E. WILLIAMS, 8564 PAUL C. HURLEY, JR., 2750 GARY D. PEASE, 0941 DAVID M. WILLIAMS, 2899 CRAIG B. HYMES, 1150 DAVID M. PENDERGAST, 2722 DWAYNE T. WILLIAMS, 0947 DONALD E. JACKSON, JR., 7627 ERIK C. PETERSON, 6182 JOHN D. WILLIAMS, 5064 LARRY A. JACKSON, 6930 WALTER E. PIATT, 6963 MICHAEL S. WILLIAMS, 8791 JOSEPH B. JELLISON, 3845 SANDY W. POGUE, 6601 TIMOTHY R. WILLIAMS, 0661 DARRELL L. JENKINS, 0767 STUART R. POLLOCK, 4577 GREGORY R. WILSON, 2491 VALERIE T. JIRCITANOTORRES, 0714 FRANKLIN A. POUST, JR., 4409 ROGER A. WILSON, JR., 2459 NORBERT B. JOCZ, 7748 MICHAEL C. PRESNELL, 1179 DAVID A. WISECARVER, 8342 CRAIG L. JOHNSON, 2647 DAVID C. PRESS, 3905 SHARON L. WISNIEWSKI, 7403 DARFUS L. JOHNSON, 2910 VINCENT L. PRICE, 5258 FREDERICK S. WOLF III, 0629 ERIC S. JOHNSON, 8946 TIMOTHY R. PRIOR, 4410 SCOTT G. WUESTNER, 3065 JAMES M. JOHNSON, 2522 ESMERALDA G. PROCTOR, 7065 JEFFREY K. YOUNG, 5430 JOHN P. JOHNSON, 2556 BRIAN D. PROSSER, 1198 BARBARA L. ZACHARCZYK, 9171 WILLIAM H. JOHNSON, 3570 CHERI A. PROVANCHA, 6537 ROBERT G. ZEBROWSKI, 4360 DAVID T. JONES, 5853 RONALD J. PULIGNANI, JR., 7327 DARREN B. ZIMMER, 7017 ROBERT E. JONES, JR., 8733 ROBERT B. QUACKENBUSH, 7526 AARON M. ZOOK, JR., 9978 TIMOTHY A. JONES, 6894 WILLIAM S. RABENA, 9069 AIDIS L. ZUNDE, 8062 BYRON G. JORNS, 8188 ANITA M. RAINES, 7893 X6878 PHILIP E. KAISER, 3082 JOSE M. RAMOS, 2539 X1665 GREGORY C. KANE, 0581 WESLEY L. REHORN, 5278 X1119 THOMAS J. KEEGAN, 3559 JOHN M. REICH, 8409 X4096 JOHN D. KEENAN, 2665 ALLISON R. REINWALD, 6447 X2175 SHERRY B. KELLER, 9006 BRIAN R. REINWALD, 4683 X2451 JEFFREY P. KELLEY, 5564 ANTHONY D. REYES, 5127 JEFFREY A. KELLY, 1126 MATTHEW A. RICHARDS, 2692 IN THE NAVY THOMAS E. KELLY, 4355 LAURA J. RICHARDSON, 2595 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JOHN S. KEM, 8485 KAROL L. RIPLEY, 4784 APPOINTMENT TO THE GRADE INDICATED IN THE EDWARD J. KERTIS, JR., 7304 TERRILL S. ROBINSON, 4527 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION DANIEL R. KESTLE, 8880 DAVID P. RODGERS, 4014 5721: CHARLES W. KIBBEN, 8628 DARSIE D. ROGERS, JR., 8306 GENE R. KING, 0524 CHARLES V. ROGERSON, 4636 To be lieutenant commander KENNETH E. KING, 2728 RONALD J. ROSE, JR., 0710 RICHARD T. KNAPP, 0151 DREXEL K. ROSS, 6927 TONY C. BAKER, 6191 DOUGLAS J. KNIGHT, 7551 HOWARD M. RUDAT, 8142 TOMMY L. BEALS, 5971 MICHAEL G. KOBA, 7290 STEPHEN E. RYAN, 3557 CHRISTOPHER G. BOHNER, 6308 JOHN KULIFAY, 2357 TIMOTHY M. RYAN, 7508 KEVIN M. BONSER, 2026 JEFFREY J. KULP, 3754 WILLIAM R. SALTER, 1354 RANDY E. BROWN, 8406 RAYMOND P. LACEY, 5571 JOHN L. SALVETTI, 4653 ELAINE A. BRYE, 1536 DAVID A. LAMBERT, 3288 MICHAEL P. SAULNIER, 6678 JAMIE F. BURTS, 6760 TOMMY L. LANCASTER, 7861 WILLIAM S. SCHAFF, 7772 BRYCE D. BUTLER, 7375 RAYMOND R. LANGLAIS, JR., 4449 EMMETT M. SCHAILL, 4407 MICHAEL R. CHAPARRO, 2375 KERRY R. LARRABEE, 6297 BLAIR A. SCHANTZ, 3012 MOTALE E. EFIMBA, 5730 DICK A. LARRY, 6418 PARKER B. SCHENECKER, 0914 STEVEN T. FILES, 2523 TRACY L. LEAR, 7771 STEVEN M. SCHENK, 5537 HANS A. FOSSER, 8581 MELVIN R. LEARY, 1961 GREGORY B. SCHULTZ, 5157 MATTHEW T. FRENIERE, 8117 SHARON L. LEARY, 9475 JOHN C. SCHULZ, 3976 JOHN T. FRYE, 2478 GLORIA A. LEE, 7381 ERIC C. SCHWARTZ, 5814 CHRISTOPHER C. GAVINO, 3229 JEFFREY P. LEE, 8654 PAUL T. SEITZ, 7342 SEAN T. GRUNWELL, 9226 PAUL L. LEGERE, 0689 RONALD E. SELDON, 8793 MATTHEW T. HARDING, 2809 CHARLES S. LEITH, 8346 TERRY L. SELLERS, 2928 CRAIG W. HEMPECK, 2674 CLARK W. LEMASTERS, JR., 7779 MICHAEL SENTERS, 2693 CALVIN G. HENDRIX, 6240 THERESA S. LEVER, 8950 STEVEN A. SHAPIRO, 4740 DAVID G. HOFFMAN, 9694 BRETT G. LEWIS, 4833 STEVEN R. SHAPPELL, 6629 MICHAEL P. HOLLENBACH, 6348 RONALD F. LEWIS, 1136 CHANDLER C. SHERRELL, 7900 KITJA HORPAYAK, 9938 JEFFREY C. LIEB, 2427 JEFFREY A. SINCLAIR, 9808 WILLIAM J. JOHANSSON, 8781 MARK R. LINDON, 5854 MICHAEL J. SIPPEL, 6189 JAMES R. JONES, 5337 VERNON L. LISTER, 1489 TIMOTHY S. SLEMP, 3993 JAMES J. JUSTER, 1735 ROBERT P. LOTT, JR., 4450 STEVEN A. SLIWA, 3649 NEIL B. LAPOINTE, 7641 JAMES P. LUDOWESE, 3603 JONATHAN J. SMIDT, 7298 KEVIN W. MACY, 3377 MICHAEL D. LUNDY, 4427 ERIC E. SMITH, 2269 ANTHONY J. MATA, 8708 THOMAS H. MAGNESS, 6607 PEYTON E. SMITH, 3863 JOSEPH S. MATISON, 9126 MICHAEL T. MAHONEY, 6179 STEPHEN C. SMITH, 1264 MICHAEL C. MOSBRUGER, 8319 JOHN E. MALAPIT, 1348 STEPHEN V. SMITH, 8537 FRANK E. OKATA, 4452 JAY S. MALLERY, 0774 THOMAS P. SMITH, 8100 WILLIAM L. PARTINGTON, 7680 MARVIN S. MALONE, 6418 EUGENIA H. SNEAD, 1551 EUGENE R. ROBERTS, 9278 MICHAEL S. MALONEY, 1332 RICHARD L. SOBRATO, JR., 7814 SEAN RONGERS, 9282 EDWARD P. MANNING, 6135 GEORGE R. SORENSEN, 4683 ERIC M. SAMUELSON, 2608 ERNEST P. MARCONE, 2587 NILS C. SORENSON, 9380 IAN J. SCHILLINGER, 4877 MATTHEW T. MARGOTTA, 4127 JOSEPH A. SOUTHCOTT, 2363 LEON B. SCORATOW, 4696 JOSEPH M. MARTIN, 2416 ROBERT J. SOVA, 3716 MICHAEL S. SHAW II, 3864 EDWARD D. MASON, 8581 JOHN M. SPISZER, 7720 PAUL B. SPRACKLEN, 4448 CURTIS A. MATHIS, 2455 LUCIE M. STAGG, 9486 MICHAEL STEPHENS, 3800 TODD B. MCCAFFREY, 8138 WILLIAM R. STANLEY, 2659 RICKY M. URSERY, 0668 RAY W. MCCARVER, JR., 1248 RICHARD A. STARKEY, 2282 JAMES J. VOPELLUS, 6058 DAVID R. MCCLEAN, 2535 LEE G. STEWART, 2016 FOREIGN SERVICE JAMES L. MCGINNIS, JR., 2787 JAMES L. STOCKMOE, 8993 EDWARD J. MCHALE, 1377 MELISSA A. STURGEON, 5924 THE FOLLOWING-NAMED CAREER MEMBERS OF THE BRIAN J. MCKIERNAN, 1021 PHILIP L. SWINFORD, 4781 SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- MICHAEL H. MCMURPHY, 6023 JEFF B. SWISHER, 5722 NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND JIMMY L. MEACHAM, 2818 RODNEY W. SYMONS II, 0049 INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES STEVEN G. MEDDAUGH, 1048 MARISA A. TANNER, 6959 INDICATED: CAREER MEMBER OF THE SENIOR FOREIGN FABIAN E. MENDOZA, JR., 5934 THOMAS H. TATUM, JR., 8233 SERVICE, CLASS OF CAREER MINISTER: JERRY C. MEYER, 2196 ROBERT J. TAYLOR, JR., 3408 LISA CHILES, OF CALIFORNIA CHRISTOPHER L. MILLER, 0508 DENNIS D. TEWKSBURY, 1308 GEORGE DEIKUN, OF CALIFORNIA DAVID M. MILLER, 5834 SCOTT D. THOMAS, 2956 MARK STUART WARD, OF VIRGINIA JAMES L. MILLER, 9960 DENNIS M. THOMPSON, 9459 JOHN W. MILLER III, 8193 PATRICK E. TIERNEY, 8605 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, WILLIAM K. MILLER, 5409 DANE S. TKACS, 1180 CLASS OF MINISTER-COUNSELOR: WILLIAM B. MIRACLE, 7873 BILLY G. TOLLISON, 6667 JONATHAN S. ADDLETON, OF FLORIDA DANIEL G. MITCHELL, 8994 HARRY D. TUNNELL IV, 3887 HENRY LEE BARRETT, OF MARYLAND MYLES M. MIYAMASU, 6447 CLARENCE D. TURNER, 3071 CAROL R. BECKER, OF MARYLAND MARK G. MOFFATT, 5287 JEFFREY A. TURNER, 1287 JAMES A. BEVER, OF VIRGINIA WILLIAM H. MONTGOMERY III, 3264 RANDALL E. TWITCHELL, 5140 JON H. BRESLAR, OF VIRGINIA DAVID R. MOORE, 1900 ROBERT J. ULSES, 6362 JOSEPH FARINELLA, OF NEW YORK TERRY V. MORGAN, 0236 MARTIN I. URQUHART, 6136 WILLIAM M. FREJ, OF CALIFORNIA JOHN B. MORRISON, JR., 5065 BRUCE E. VARGO, 4780 RICHARD J. GOUGHNOUR, OF FLORIDA MITCHELL T. MORROW, 5675 JOHN D. VERNON, 3311 WILLIAM HAMMINK, OF FLORIDA SEAN P. MULHOLLAND, 9763 BRIAN VINES, 2644 JAY L. KNOTT, OF OREGON MARY B. MYERS, 7725 VANCE P. VISSER, 6957 HENDERSON M. PATRICK, OF FLORIDA ERIC W. NANTZ, 6235 GARY J. VOLESKY, 5246 DENNY F. ROBERTSON, OF FLORIDA LEWIS C. NAUMCHIK, 9545 STEPHEN E. WALKER, 7952 KEITH E. SIMMONS, OF CALIFORNIA CLARENCE NEASON, JR., 6980 PATRICK J. WALSH, 6060 MONICA STEIN-OLSON, OF WASHINGTON BRADFORD K. NELSON, 1779 SHAWN P. WALSH, 5003 PAMELA A. WHITE, OF VIRGINIA BRADLEY K. NELSON, 6596 ROBERT P. WALTERS, JR., 1596 MICHAEL J. YATES, OF VIRGINIA BRYAN T. NEWKIRK, 9822 ROBERT A. WARBURG, 2344 CLAYTON T. NEWTON, 7962 THOMAS D. WEBB, 7379 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ALAN W. NEYLAND, 2553 MICHAEL C. WEHR, 5881 CLASS OF COUNSELOR:

VerDate Aug 31 2005 03:48 Dec 14, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 9801 E:\CR\FM\A13DE6.051 S13DEPT1 S13516 CONGRESSIONAL RECORD — SENATE December 13, 2005

TODD HANSON AMANI, OF WASHINGTON CHRISTOPHER A. BERGAUST, OF IDAHO MAUREEN BRIGID MCGOVERN, OF FLORIDA CHERYL L. ANDERSON, OF VIRGINIA MELISSA ANN BERMUDEZ, OF CALIFORNIA MATTHEW CARR MCHORRIS, OF VIRGINIA JEFFREY N. BAKKEN, OF MINNESOTA MONICA S. BLAND, OF NEBRASKA LUIS F. MENDEZ, OF NEW JERSEY VICTOR K. BARBIERO, OF VIRGINIA ERIC BOWEN, OF VIRGINIA JOHANNA R. MEREJO, OF NEW JERSEY TIMOTHY THOMAS BEANS, OF VIRGINIA DANA CHRISTENE COLE BROWN, OF OKLAHOMA MARK LESLIE MOLNAR, OF VIRGINIA JEFFERY D. BELL, OF VIRGINIA TRAVIS M. BROWN, OF VIRGINIA BENJAMIN ABRAHAM MONTANEZ, OF TEXAS LARRY HALL BRADY, OF WYOMING JOSEPH T. BURKE, OF CALIFORNIA CYNTHIA A. MORGAN, OF MARYLAND SUSAN K. BREMS, OF THE DISTRICT OF COLUMBIA ELLEN CALLAHAN, OF NEVADA DAVID VAUGHAN MUEHLKE, OF NEW HAMPSHIRE CONSTANCE A. CARRINO, OF THE DISTRICT OF COLUMBIA GREGORY J. CAMPBELL, OF NEW YORK DAVID R. MYERS, OF THE DISTRICT OF COLUMBIA REBECCA W. COHN, OF MARYLAND KATHERINE J. CHISHOLM, OF VIRGINIA GREGG DICKSON MYRUP, OF TENNESSEE TULLY R. CORNICK, OF MARYLAND TODD V. CHRISTIANSEN, OF NEW YORK NHAN T. NGUYEN, OF WASHINGTON ALAN L. DAVIS, OF FLORIDA ANDREW B. CLARK, OF VIRGINIA CHRISTOPHER MARKLEY NYCE, OF CALIFORNIA PAUL FRANCIS DAVIS, OF NEW HAMPSHIRE WILLIAM JUSTIN ALBERT CLAYTON, OF THE DISTRICT DENNIS H. O’HEARN, OF VIRGINIA CHARLES V. DRILLING, OF NEW YORK OF COLUMBIA ADAM C. OLSEN, OF VIRGINIA MARGOT BIEGELSON ELLIS, OF NEW YORK MARISA N. COHRS, OF WASHINGTON TULA CRUZ ORUM, OF CALIFORNIA ALONZO L. FULGHAM, OF VIRGINIA KATHERINE C. CONOVER, OF MARYLAND JENNIFER A. PARKER, OF VIRGINIA JOHN GROARKE, OF THE DISTRICT OF COLUMBIA BARBARA HERMINIA CORDERO, OF FLORIDA SAMUEL R. PEALE, OF VIRGINIA DENISE A. HERBOL, OF PENNSYLVANIA ANDREI M. COTTON, OF ARIZONA YAROSLAVA Y. PETROVA, OF CALIFORNIA ELIZABETH ANN HOGAN, OF VIRGINIA KYLE A. CROSBY, OF VIRGINIA BENJAMIN LOYD PIERCE, OF UTAH EDWARD T. LANDAU, OF VIRGINIA MARK A. CUNNINGHAM, OF THE DISTRICT OF COLUMBIA SUSAN MARIE PLOTT, OF TEXAS NANCY J. LAWTON, OF MISSOURI TAMMY A. DAVIS, OF KANSAS IRFAN QAIYUMI, OF VIRGINIA AMANDA K. LEVENSON, OF ALASKA THOMAS P. DELANEY, OF MARYLAND LORENZO REED, OF MARYLAND JON DANIEL LINDBORG, OF INDIANA LAURENT M. DE WINTER, OF THE DISTRICT OF COLUMBIA CHARLES K. REGAN, OF NEW HAMPSHIRE CECILY L. MANGO, OF MARYLAND NINA DIAZ, OF CALIFORNIA AMANDA J. REI-PERRINE, OF WASHINGTON WILLIAM B. MARTIN, OF VIRGINIA NGA BICH DO, OF CALIFORNIA VICTORIA CHARLOTTE REPPERT, OF MASSACHUSETTS KATHRYN T. DORMINEY, OF FLORIDA JOHN A. MAY, OF TEXAS DONALD H RIGGS, OF VIRGINIA ROBERT F. DOYLE III, OF ILLINOIS KERMIT CRAIG MOH, OF VIRGINIA KEVIN CONLEY RUFFNER, OF VIRGINIA JEFFRY W. DUFFY, OF THE DISTRICT OF COLUMBIA DAVID J. NOBLE, OF MARYLAND CARRIE A. SCHLAUCH, PH.D., OF OHIO CHRISTOPHER R. DUNN, OF TEXAS BETH S. PAIGE, OF TEXAS MEGAN LEIGH SELMON, OF OKLAHOMA GOTTLIEB J. DUWAN, OF VIRGINIA BARRY K. PRIMM, OF MISSOURI CHIRAG P. SHAH, OF VIRGINIA PETER J. DYCAICO, OF CALIFORNIA JOSEPH S. RYAN, JR., OF CALIFORNIA CHRISTOPHER M. SHAHIDI, OF THE DISTRICT OF COLUM- CHRISTOPHER B. EAVES, OF VIRGINIA MIKE E. SARHAN, OF WASHINGTON BIA MARK D. ESTES, OF GEORGIA JOAN MARGARET SILVER, OF CALIFORNIA STEEN W SIMONSEN, OF VIRGINIA DAVID K. FAGLEY, OF VIRGINIA DONNA R. STAUFFER, OF CONNECTICUT RACHEL M. SMITH, OF NEW YORK HEATHER JUNE FARRAR, OF MARYLAND THOMAS MICHAEL STEPHENS, OF VIRGINIA BREEANN MARIE SONGER, OF NEW YORK JONATHAN FISCHER, OF WASHINGTON DAWN ALLISON THOMAS, OF NEW YORK ASHLEY B. STEWART, OF THE DISTRICT OF COLUMBIA MATTHEW GARDNER FULLER, OF TEXAS MICHAEL F. WALSH, OF VIRGINIA SHERRY R. STUP, OF VIRGINIA WILLIAM JEFFERS FURNISH, JR., OF LOUISIANA RAY RICHARD SUDWEEKS, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES KANISHKA GANGOPADHYAY, OF THE DISTRICT OF CO- SEAN T. SULLIVAN, OF MARYLAND INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- LUMBIA NATHAN TIDWELL, OF TENNESSEE FICERS OF THE CLASS STATED. VIRGINIA R. GILES, OF VIRGINIA ANDRES VALDES, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF IXTACCIHUATL GONZALEZ, OF MASSACHUSETTS KIMBERLY C. VALDES-DAPENA, OF OHIO CLASS THREE, CONSULAR OFFICERS AND SECRETARIES ANDREA GOROG, OF WASHINGTON WENDY M. VARNER, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JEFF GRINGER, OF WASHINGTON KEVIN VIRGIL, OF VIRGINIA AMERICA: JANELLE R. GUEST, OF MICHIGAN ANTHONY JOSEPH VITALE, OF WEST VIRGINIA KAPIL GUPTA, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF STATE JONATHAN T. WARD, OF WASHINGTON PRASENJIT GUPTA, OF IOWA HEATHER ANN WATSON-AYALA, OF NEVADA ANNE ELIZABETH LINNEE, OF MINNESOTA MATTHEW M. HABINOWSKI III, OF MASSACHUSETTS JEFFREY MICHAEL WEINSHENKER, OF THE DISTRICT OF RAYMOND H. MURPHY II, OF TENNESSEE ERIN P. HAMRICK, OF GEORGIA COLUMBIA CAROL M. HANLON, OF GEORGIA MICHAEL JOHN WHIPPLE, OF TEXAS FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF SEAN R. HANTAK, OF ILLINOIS LYNN CHRISTINE WHITEHEART, OF VIRGINIA CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN NATHAN NOZOMI HARA, OF OHIO DAVID WHITTED, OF GEORGIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STANLY HAYES, OF MARYLAND CARTER W. WILBUR, OF THE VIRGIN ISLANDS AMERICA: H. ALEXANDER HENEGAR III, OF GEORGIA BRYAN J. WILLATS, OF VIRGINIA DENIS HIGGINBOTHAM, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF STATE KATHLEEN ANNE YU, OF MARYLAND MARILYN J. HOLLERAN, OF CONNECTICUT ANITA STROHSCHEIN CHILDS, OF FLORIDA DANIEL CHARLES HOLTROP, OF MARYLAND JOHN PAUL MOPPERT, OF FLORIDA JESSE B. HUGHES, OF VIRGINIA f ROBERT GEORGE HUNTER, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN STEPHEN F. IBELLI, OF NEW YORK SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- CHRISTOPHER GEORGE ISTRATI, OF PENNSYLVANIA WITHDRAWALS TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CHRISTINE PEYTON JACKSON, OF NEW YORK STATES OF AMERICA, AS INDICATED: JENAE DENISE JOHNSON, OF WASHINGTON Executive Message transmitted by CONSULAR OFFICERS AND SECRETARIES IN THE DIP- JAMES STEPHEN JONES, OF VIRGINIA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: GREGORY B. KELLER, OF NEBRASKA the President to the Senate on Decem- DEPARTMENT OF COMMERCE ABDUL-RAHMAN KENYATTA, OF VIRGINIA ber 13, 2005 withdrawing from further EUGENE HYUN KIM, OF THE DISTRICT OF COLUMBIA IRA BELKIN, OF NEW YORK MICHELE ANN KIMPEL GUZMAN, OF CALIFORNIA Senate consideration the following FRANCIS M. PETERS, OF TEXAS CHRISTOPHER D. KJELLAND, OF TEXAS nominations: ALIZA TOTAYO, OF MARYLAND SUZANNE KNIGHT, OF VIRGINIA DEPARTMENT OF STATE MARK R. LANNING, OF WASHINGTON EDWARD L. FLIPPEN, OF VIRGINIA, TO BE INSPECTOR TIMOTHY LAYMAN, OF MARYLAND GENERAL, CORPORATION FOR NATIONAL AND COMMU- MICHAEL JOSEPH ABEL, OF WASHINGTON CARRIE K. LEE, OF CALIFORNIA NITY SERVICES, WHICH WAS SENT TO THE SENATE ON ALEXANDER T. ALLEN, OF VIRGINIA SONIA MERCEDES LEGER, OF VIRGINIA JANUARY 24, 2005. MICHAEL A. ALLSHOUSE, OF VIRGINIA LENA LEVITT, OF CALIFORNIA ELLEN G. ENGLEMAN CONNERS, OF INDIANA, TO BE CHRISTOPHER J. ANDERSON, OF THE DISTRICT OF CO- THERESA LINDO SPAZIAN, OF FLORIDA CHAIRMAN OF THE NATIONAL TRANSPORTATION SAFE- LUMBIA CHRISTIE CARMELLE LOPEZ, OF CALIFORNIA TY BOARD FOR A TERM OF TWO YEARS, WHICH WAS SENT JUAN L. ARELLANO, OF WASHINGTON NATHAN L. MACKLIN, OF WYOMING TO THE SENATE ON APRIL 4, 2005. STEPHANIE CHRISTINE ARNOLD, OF ILLINOIS KANIKA MAK, OF FLORIDA JOHN M. MOLINO, OF VIRGINIA, TO BE AN ASSISTANT OLGA ELENA BASHBUSH, OF VIRGINIA AARON I. MARTZ, OF TEXAS SECRETARY OF VETERANS AFFAIRS (POLICY AND PLAN- MARK BEANE, OF VIRGINIA MARK C. MATTHEWS, OF MINNESOTA NING), WHICH WAS SENT TO THE SENATE ON SEPTEMBER STEWART WILLIAM BEITZ, OF SOUTH CAROLINA GENE P. MCCUSKER, OF VIRGINIA 6, 2005.

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