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

Vol. 151 WASHINGTON, THURSDAY, JANUARY 6, 2005 No. 2 Senate The Senate met at 9:30 a.m. and was appoint the Honorable LISA MURKOWSKI, a RECOGNITION OF THE MINORITY called to order by the Honorable LISA Senator from the State of Alaska, to perform LEADER the duties of the Chair. MURKOWSKI, a Senator from the State The ACTING PRESIDENT pro tem- of Alaska. , President pro tempore. pore. The minority leader is recog- nized. Ms. MURKOWSKI thereupon assumed the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- f pore. fered the following prayer: TODAY’S AGENDA Let us pray. Eternal Lord , ruler of all nature, f Mr. REID. Madam President, we are thank You for the gift of life and for very close to working something out the opportunity to invest in freedom. RECOGNITION OF THE ACTING on committee funding. We have an As electoral college votes are counted MAJORITY LEADER agreement on the split. It is just a today, increase our gratitude for this The ACTING PRESIDENT pro tem- question of what we are splitting. I great land. pore. The majority whip is recognized. have a meeting today with the ranking Infuse the executive, legislative, and members. I spoke to virtually all of them last night and we will be able to judicial branches of Government with f strength to meet the challenges of our work something out here. It is impor- tant we do that. We have Members on time. Remind our leaders that humil- SCHEDULE ity precedes honor and that service is our side, new Senators, we want to ap- the litmus test of greatness. Mr. MCCONNELL. Madam President, point to committees. The majority has Continue to bless those who seek to today we are in session to consider two new Members they need to appoint to relieve the suffering of the tsunami committee membership resolutions. We committees. There will be some new victims. Help them to remember that hope to have those resolutions consid- committee chairs, new ranking mem- they are doing Your work and reward ered and adopted in a short while. The bers. We want to expedite this. We hope them from the bounty of Your love. We two resolutions will make majority to have it done, as I told the distin- pray in Your strong Name. Amen. and minority committee appointments guished Senator from Kentucky, by for the 109th Congress, as well as offi- noon today. It is something we need to f cially appoint the chairmen and rank- do. I am confident we can do that. PLEDGE OF ALLEGIANCE ing members for each of those commit- On our side if, in fact, there is an ob- tees. jection filed to any of the States that The Honorable LISA MURKOWSKI led In addition to that business, today at are going to report their electoral col- the Pledge of Allegiance, as follows: 1 p.m. we will have a joint meeting lege findings, we will not require a roll- I pledge allegiance to the Flag of the with the House to count electoral call vote on our side, but that does not United States of America, and to the Repub- lic for which it stands, one nation under God, votes. Members should begin gathering mean there won’t be one. So whether indivisible, with liberty and justice for all. in the Senate Chamber at 12:40 this there is an objection filed, we will wait afternoon so we may depart as a body and see at 1 o’clock today. After that, f at 12:50. there will be decisions made by indi- APPOINTMENT OF ACTING Senators have been asking about the vidual Senators as to whether there is PRESIDENT PRO TEMPORE possibility of rollcall votes during to- a vote. The PRESIDING OFFICER. The day’s session. At this point we have to Procedurally, as I understand the clerk will please read a communication say, unfortunately, that rollcall votes rule, if there is an objection filed, auto- to the Senate from the President pro are still possible during today’s ses- matically the electoral college pro- sion. As always, we will alert Members ceedings are put in recess for 2 hours. tempore (Mr. STEVENS). The legislative clerk read the fol- as the voting schedule becomes more During that 2 hours, Members in the lowing letter: clear. Once we have adopted our com- House and Senate are allowed to speak mittee resolutions and the electoral for up to 5 minutes each on the objec- U.S. SENATE, vote count is completed, it is my inten- tion. Following that, the electoral col- PRESIDENT PRO TEMPORE, Washington, DC, January 6, 2005. tion the Senate will adjourn until Jan- lege reconvenes. If, in fact, there is an To the Senate: uary 20, Inauguration Day. objection filed, I think everything Under the provisions of rule I, paragraph 3, I will have more to say on the sched- would be completed by around 4 o’clock of the Standing Rules of the Senate, I hereby ule today before the Senate closes. today.

∑ 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 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S36 CONGRESSIONAL RECORD — SENATE January 6, 2005 Mr. MCCONNELL. Madam President, gone. Houses are gone. Up to 2 million The ACTING PRESIDENT pro tem- I might say with regard to speaking re- people who are displaced are homeless. pore. The clerk will call the roll. quests, I only have one or two. They It is staggering. Some suggest this The assistant legislative clerk pro- will be very brief. It is my hope we might be the worst disaster in modern ceeded to call the roll. might not take the entire 2 hours the history. It could well be. But whether Mr. DAYTON. Mr. President, I ask Democratic leader has outlined, there- it is the worst or second worst is not unanimous consent that the order for by allowing us to get that job finished the point. The point is, it is a huge per- the quorum call be dispensed with. earlier in the afternoon. sonal disaster, personal tragedy for so The PRESIDING OFFICER (Mr. Mr. REID. Madam President, the dis- many people over such a large scale. SUNUNU). Without objection, it is so or- tinguished Senator is again absolutely I am encouraged and very thankful dered. right. We have had a few requests on so many people around the world have f poured their hearts out to the victims. our side. At last count, I had less than JOINT SESSION five. That is 25 minutes, at most. But Many have flown over to volunteer we cannot do anything until the House help. Many have sent contributions, Mr. DAYTON. Mr. President, I would finishes. If they finish earlier, we sometimes in-kind contributions, like to address a few subjects this would finish earlier and be able to sometimes cash. morning. move forward. Last night, I was watching a tele- First, regarding the joint session of We will see what the day brings us. vision program to raise money for the the House and the Senate that will be But it should not be a long day, no tsunami victims, and you could see it meeting this afternoon, I have received matter what happens. happen over a 45-minute period. First a great number of calls and expressions Mr. MCCONNELL. I yield the floor. it went to $1 million, and then it went of interest and concern about that his- up to $6 million that had been pledged toric event—where the two bodies meet f within that 45 minutes. That is wonder- in joint session to certify the tally of RESERVATION OF LEADER TIME ful. votes from the electoral college. Our role is a very limited one under The ACTING PRESIDENT pro tem- I think a lot of Americans want to both the Constitution and under Fed- pore. Under the previous order, the give. Clearly, some Americans are eral law which was passed and has leadership time is reserved. strapped, but they still want to give. It is the American spirit. It is who we are stood since 1887. The role of the House f as Americans. and the Senate is not to adjudicate last MORNING BUSINESS I suggest, in cosponsoring a bill with November’s Presidential election. That the chairman of the Finance Com- should not be our role. Those who want The ACTING PRESIDENT pro tem- mittee, Senator GRASSLEY, that we us to insert ourselves into that process pore. Under the previous order, there pass legislation today which gives are very well intentioned, but the role will be a period for the transaction of Americans the opportunity to take the they envision for us is, in my judg- morning business, with Senators per- full deduction that is currently avail- ment, inappropriate and potentially mitted to speak for up to 10 minutes able for deductions in 2005—after all, even dangerous. Our role today in this each. this is January—that Americans can joint session of the Senate and the The Senator from Montana. take that deduction today on their 2004 House is one of witnessing the tally of f tax returns. I think many Americans the electoral college vote. If there is an objection, it is based on very limited TSUNAMI TAX CREDIT would like to do that. It would be an additional incentive, an additional en- circumstances. Mr. BAUCUS. Madam President, I couragement for Americans to con- In fact, only once in the entire his- rise to share a few remarks involving tribute to the tsunami disaster. tory of this legislation since 1886, only the overwhelming disaster that has hit It is very simple legislation but legis- one time has there been a formal objec- Southeast Asia. I hope the distin- lation that will be very helpful, and it tion made, and that was for one elec- guished deputy leader would heed my must pass right away. Clearly, it will toral vote cast by one elector who did remarks because I very much hope we not work if it is passed much later. It not vote in the way in which they can get this legislation passed this will cause a lot of administrative prob- pledged—in this case, the District of year—not only this year, but passed lems for the IRS. After all, April 15 is Columbia; not a State, a district. That today—which gives a charitable tax de- the deadline for 2004 tax returns. If we objection was rejected by the House duction, cash deduction to Americans could pass this legislation today, the and the Senate in 1969. on their tax returns for 2004 who give a IRS has told us it can very easily ac- There has never been in the history charitable contribution to the tsunami commodate and deal with the changes of the country an entire State slate of disaster. Clearly that has to be done that are necessary to allow Americans electoral votes objected to or rejected immediately. Otherwise it will not to take those deductions on their 2004 by actions of both the House and the have any real effect. It affects tax- tax returns for the contributions they Senate. payers who wish to give today but take make now. If an objection is made today signed the deduction on their 2004 tax returns, I very much hope the minor ques- by at least one Member of the House or 2005. This gives an opportunity to tions people have about this legislation and one Member of the Senate, under take the deduction on the 2004 returns. are resolved very quickly because there the law, under the Constitution, the It is almost impossible to talk about is no reason not to pass this legisla- Senate separates from the House and the tsunami disaster. Words do not tion. It will not create a huge prece- meets for 2 hours. Our debate is limited begin to describe the extent of the dis- dential problem. It is not going to be by law to 2 hours. We each can speak aster. We all feel it when we watch tel- terribly costly. But it is the right up to 5 minutes and speak only once. evision and see the photographs in the thing to do. It is the right thing for Then on the basis of that debate we are newspapers. We hear reports from Americans to do, to pass legislation to supposed to vote—each of us—on those who have been there; Secretary make it a little easier for Americans to whether to accept that electoral slate Powell, for example. It is so over- contribute to the victims of the tsu- and the tally certified by the election whelming. It is so large scale. One hun- nami disaster. authorities of the respective States or dred fifty thousand people perished. I very much hope we can get it reject it. Just imagine. passed. I am going to stay on the floor We are a partisan body. We are well September 11 was a disaster almost today as long as it takes to get it intentioned. We are all honorable men beyond , and that was 3,000 passed. There is no conceivable reason and women, as are our colleagues in deaths. We are talking now about it should not pass. I am going to stay the House. But we are elected as Demo- 150,000 people who just had no defense. here until we do get it passed because crats or Republicans, and in one case Families were destroyed. In many it is the right thing to do. an Independent. For us on the basis of cases there is very little hope because Madam President, I yield the floor a 2-hour meeting and a 5-minute pres- so many relatives are gone. Roads are and suggest the absence of a quorum. entation by each of us to vote on

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S37 whether to accept or reject the will of curately. The principle is everyone Iraqi people from the insurgent forces the people of a particular State is an should have the right to vote, and that which are brutal and sometimes le- enormously dangerous precedent. In vote should be counted accurately, thally effective in what they are in- my judgment, the standard and the bar which is fundamental to our democ- tending to do in that particular coun- under which any objection must qual- racy. If we fail at that, if we are not try. ify for our consideration, much less for perfect in carrying that out, we are not Sunday, I had the occasion to meet our rejection, needs to be a very high carrying out our responsibility to pro- with a few hundred Minnesotans, fam- one. That is what our Federal law envi- tect the sanctity of this great democ- ily members of loved ones who are sions. It says: racy. presently serving in Iraq. They asked No electoral vote or votes from any State I take that responsibility very seri- the same question over and over again: which have been regularly given by electors ously. As a member of the Senate When are our husbands, wives, sons, fa- whose appointment has been lawfully cer- Rules Committee, which has jurisdic- thers, mothers, coming home? tified from which but one return has been re- tion over that, I will ask the chairman, Although I opposed the Iraq war reso- ceived shall be rejected. Senator LOTT, to convene hearings into lution in October of 2002 and continue In other words, if the procedure that the 2000 election. We need to learn from to believe, unfortunately, we have on was followed by the election authori- that experience. A lot of focus and at- an overall basis weakened our national ties of the State is a proper one and if tention has been directed on Ohio, as it security, not strengthened it by our ac- it is certified as proper, if there is only appropriately should. It was a State tion, we are there, with 150,000 of our one tally received from a State—in that ultimately in the final develop- Armed Forces committed. It is impera- other words, if there are not two dif- ment of events on election night deter- tive we succeed. It is also imperative ferent representations of that State’s mined the outcome. There were prob- that we start to devise—we should have electoral tally—then our function is to ably other States which had some per- already—a strategy to bring our troops witness and acknowledge that that haps even greater imperfections in home safely as soon as possible with function has been performed properly; their voting procedures. That should be the victory secure. The only way vic- it is not to say whether that election used as the basis for further legislation tory will be ultimately secured is by was conducted properly. That review, if as necessary to safeguard this process the Iraqi people. it is warranted, is the proper role of so that, in fact and in perception, the When Senator LIEBERMAN and I met the Judiciary, which is supposed to be American people know they had the with the Deputy Prime Minister of Iraq nonpartisan, which is supposed to be right to vote, the chance to vote, and he said exactly that: The security of objective, impartial, fair, and ulti- their vote was counted, and that the Iraq can only be gained by the Iraqi mately make the decision which, under will of the majority, as reflected in the people. The process from being subject the respective States and Federal laws Presidential election through the elec- to a brutal dictator, tyrannical oppres- and the facts of all sides presented and toral college, was faithfully, honestly, sion for over a quarter of a century, to carefully considered over whatever and accurately carried out by everyone self-determining democracy is an enor- necessary period of time and finally in responsible for doing so. mous social transformation, one that that very careful and sober delibera- How much time remains under the will probably take several years. tion, is determined to be the proper order? When we justify, by those who are re- judgment. The PRESIDING OFFICER. The Sen- sponsible for our continued presence in That is not our capability. That is ator has 1 minute. Iraq, what we are doing there, they not our role. Under the restrictions of Mr. DAYTON. I ask unanimous con- need to be very clear about the param- 2 hours today, that would be a travesty sent for an additional 5 minutes to eters. First, we were looking for weap- of justice. It is a situation where it complete my remarks. ons of mass destruction which turned would be reversed if had The PRESIDING OFFICER. Without out not to exist there. Then it was an won this election. If a Republican-con- objection, it is so ordered. alleged link between Saddam Hussein trolled Senate and a Republican-con- f and al-Qaida which has never been trolled House had objected based on the demonstrated to exist. Then it was op- information I have seen regarding the IRAQ posing an evil dictator, which Saddam electoral conditions in Ohio or any Mr. DAYTON. Last week, Senator Hussein certainly was, which was other State in the election, if they had LIEBERMAN and I traveled to Iraq, to achieved in the first 3 weeks of mag- been rejected and those electoral col- Baghdad. When I visited Iraq a year nificent effort by our military. For the lege votes had thrown the election into and a half ago, our Senate delegation last 21 months it has been protecting the House of Representatives where a in Baghdad and other cities, Basra and as much as possible the country and partisan majority voted on partisan Tikrit, boarded armed Humvees and protecting the time necessary for the lines to elect the other candidate as with military escort drove throughout Iraqi people to form a government, President of the United States, there those respective cities. Last week, we which they are in the process of doing. would be such a public outcry and loss were confined for security reasons to Holding the election on January 30 as of confidence in the integrity of our the heavily fortified green zone, which scheduled is essential to doing that. electoral process that I fear we would is the command post of the United Training and equipping the Iraqi not recover as a nation—at least not States military, our Government rep- forces—police, military, national for a long time. I would say the same if resentatives, and the Iraqi government. guard—to be able to do what the people the situation were reversed. The necessity for those restrictions of any country have to do to have a This is not about partisanship. This was made apparent because one of the functional country under any form of is about ensuring the integrity of the opposition political leaders with whom government, which is to protect and legislative process. That is in its broad we were supposed to meet and where defend their own country, has been re- sense the proper role and responsibility we envisioned traveling for 5 minutes gretfully a very slow process. I asked of Congress; that is, one where those outside of the green zone was the tar- the United States military command who are objecting to the conduct of get of an assassination attempt the and our civilian leadership in Iraq as this last election have solid ground and previous day. He was not harmed, but a well as the Iraqi Government authori- where we properly should insert our- suicide bomber killed himself and nine ties how far they thought we had pro- selves once again as we did after the other Iraqis outside the location where gressed from a starting point to 100 2000 election when on a bipartisan basis the meeting was to occur, which under- percent Iraqi self-sufficiency regarding in this body and the House we passed scores the perilous nature of the envi- their own self-security and the answer election reform legislation. ronment and the impossibility of pro- was variously between 40 and 50 per- We provided funding for State and viding the necessary and complete se- cent. We have initiated and engaged in local governments to conduct these curity for our own forces who are per- and this Congress has funded to the full elections. And the intention was, I forming heroically and continue to risk extent requested by the administration might add, under the Constitution they their lives, and in some cases give up the Iraqi security training programs can do so more effectively and more ac- their lives, tragically, to protect the for over a year, about 15 or 16 months.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S38 CONGRESSIONAL RECORD — SENATE January 6, 2005 It is obviously a difficult assignment, I appreciate enormously and admire make those judgments that we are given that the previous military struc- tremendously the leadership of the elected and held responsible to make, ture of the country was removed by the Senate Armed Services Committee along with them, so that hopefully the Provisional Authority, but that deci- under its chairman, Senator WARNER, collective wisdom of all of us serves sion has been made and now that proc- and its ranking member, Senator the best interests of this country, its ess of retraining new forces has been LEVIN. Senator WARNER has convened foreign policy, and the lives of its men underway for 15, 16 months and we are any number of hearings and briefings and women who are serving us over- told it is not even half way there. on the situation in Iraq and other seas, and who, for every day we keep The Iraqi people need to be respon- places around the world, on the prison them over there, are continuing to risk sible for their own country. They must abuses at Abu Ghraib, on the armoring their lives, and some of them losing be responsible for their own country. and rearmoring of the equipment and their lives or losing limbs, bodily func- They must decide to stand up for them- personnel for service in Iraq and Af- tions. selves. Many are doing so and even giv- ghanistan. This is life and death, and it is time ing their lives to conduct this upcom- In the last month, we have found, ac- we stop being lied to. I want this ad- ing election and engaging in various se- cording to the private contractors, ministration, I want the Pentagon curity actions. there was an unused capacity in their command, to tell us the facts, tell us But the brunt of that responsibility, production capabilities of 25 percent the truth about the situation in Iraq— the burden, the fighting, the bleeding, for armored Humvees and these re- what is going right, but what is going the dying, is still being incurred by our armoring kits for those Humvees that wrong, to tell us the truth and the own forces. We need to know when that are over there in Afghan and Iraq that facts about the capability of the Iraqi is going to be able to stop. We need to are unarmored, a 25-percent unused ca- forces to replace ours, to take over re- know how that transition and when pacity because of a lack of production sponsibility for the law and order of that transition is going to occur. We orders from our military, when we were need to put the Iraqi people and our al- their own country, to tell us the truth told—and we asked, Republican and lies on notice that we are not going to and the facts about the economic re- Democratic members of the Armed be there indefinitely and that they covery projects, which ones have start- Services Committee alike, repeatedly: need to be willing to step forward to ed, which ones have not, how much What do you need? What money, laws, provide what I think everyone wants, money has been expended, how much most of the world wants: a stable, se- procedures? What do you need to maxi- money has been wasted, how much cure, and successful Iraq. mize production and immediate dis- money has been stolen. As a member of the Senate Armed tribution to protect our men and It is shameful this body, which has Services Committee, I have been in- women serving in Iraq? the history of Harry Truman setting up creasingly frustrated by our inability, We were assured, again and again and a special committee during World War either in the committee, whether in again, there was 100-percent produc- II to investigate the proper con- public or secret briefings, whether as a tion, that everything was being done, tracting, the proper expenditure of tax- body or through other discussions, to and that they did not need anything. payer dollars for a defense effort, where get what turns out to be accurate and And then we find out there is signifi- again American men and women were reliable information from the civilian cant variance to that, in fact, in the relying on that equipment, relying on command, from the administration. truth. getting it right away, and living or Yesterday afternoon we had an Armed Chairman WARNER convened several dying as a result—Harry Truman said: Services Committee hearing, a secret hearings in the last 6 months on the al- I don’t care whether they are Demo- hearing, for 3 hours. I received infor- leged prison abuses at Abu Ghraib. cratic contractors or Republican, let mation regarding the force capabilities There were rumors of abuses occurring the chips fall where they may and the of the Iraqi police and military that elsewhere in Iraq and elsewhere in the truth be known. He went on to become was at significant variance from what I world. We were assured again and again the Vice President and then the Presi- was told a week before in Baghdad, by the administration and the other dent of the United States because he which itself was at considerable vari- authorities who spoke before us that it had that kind of integrity and that ance from what we were told 2 months was limited to those isolated instances kind of courage. before, which then was half of the force in Iraq and in the Abu Ghraib prison. We ought to see that today on the level we were told existed a year before Now it comes to light, in the last other side of the aisle, to be willing to that. month, there were documented reports investigate these matters. Whether it What the numbers are, what the through the chain of command, infor- is a Republican administration or a training capabilities are—I hesitate to mation that people who testified before Democratic administration, I don’t use this word on the Senate floor, but our committee had to be aware of when care; it is an American administration. it applies here—I don’t like being lied they told us in committee hearings in- Those are American soldiers putting to. I am elected to represent the people formation that was at variance with their lives on the line. We are all re- of Minnesota. I am elected to look out those reports. sponsible, and we can’t even get any- for their best interests. I met on Sun- Similarly, the status of the Iraqi se- body to look into what is happening or day with a few hundred Minnesota fam- curity and military forces—being told not happening there, and we can’t get ily members who were depending upon by the Secretary of Defense, who I anybody to tell us the facts, the truth. me to look out for the interests of think believed what he was telling us It is deplorable. It is unconscionable. It their sons and daughters, husbands and because that was the information he is un-American. And it is intolerable. wives. I take that as a life-or-death re- was given, a year ago that force level I think this body collectively needs sponsibility, as it is to them and their was at 202,000; and then to find out last to stand up and demand that we get the loved ones and all the members of the September 15, in public remarks he facts and the truth so we can go back U.S. Armed Forces, putting their lives made elsewhere, that number was home and tell those sons and daughters on the line every day. about half that level; and then to get and fathers and mothers and husbands They deserve to know, we deserve to published reports that the actual num- and wives what is happening to their know, the American people deserve to ber is some 78,000; and then to get a re- loved ones over in Iraq, and when they know from this administration their port last week that the number is are coming home with the victory they plan, what is their timetable, and what somewhat above that; and then to get a worked for, lived for, bled for, and died kind of progress are we making. We de- report yesterday that the number is for secured, and how we are going to do serve to know the facts. We deserve to some tens of thousands above that. that and when. be told facts today that hold up as the Having that number not being able to Mr. President, I yield the floor and truth tomorrow. I regret to say that is be confirmed by those who are testi- suggest the absence of a quorum. not occurring. It has not occurred, not fying before us is a great travesty of The PRESIDING OFFICER (Mr. only in this instance yesterday but in justice and legality, and their moral, DEMINT). The clerk will call the roll. other significant respects throughout ethical responsibility to tell us the The bill clerk proceeded to call the the last several months. truth and give us the facts so we can roll.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S39 Mr. BAUCUS. Mr. President, I ask tragedy, and I am not going to make ware, Senator BUNNING of Kentucky, Senator unanimous consent that the order for the effort to do so. But certainly when BYRD of West Virginia, Senator CANTWELL of the quorum call be rescinded. we see the photographs and we read the Washington, Senator CLINTON of New York, The PRESIDING OFFICER. Without reports and hear people such as Sec- Senator CORZINE of New Jersey, Senator DAYTON of Minnesota, Senator DURBIN of Illi- objection, it is so ordered. retary Colin Powell comment on what nois, Senator FEINGOLD of Wisconsin, Sen- f they have seen and what has happened ator FEINSTEIN of California, Senator HAGEL or has not happened over there, it tugs of Nebraska, Senator HARKIN of Iowa, Sen- TAX DEDUCTING FOR TSUNAMI very deeply at the hearts of all of us. RELIEF ator HATCH of , Senator INOUYE of Ha- That part of the world has our deepest waii, Senator JEFFORDS of Vermont, Senator Mr. BAUCUS. Mr. President, I sug- and our fondest hopes that we KERRY of Massachusetts, Senator KOHL of gested to the chairman of the Finance will do all we can to help out. Wisconsin, Senator LANDRIEU of Louisiana. Committee, Senator GRASSLEY, and he That is happening. The American Senator LAUTENBERG of New Jersey, Sen- agreed, that it would be appropriate public, the American people are the ator LEAHY of Vermont, Senator LEVIN of and, in fact, it would be a good idea, to most generous people in the world. I Michigan, Senator MCCAIN of Arizona, Sen- ator MIKULSKI of Maryland, Senator MURRAY pass legislation today which would don’t know what it is, there is some- of Washington, Senator NELSON of Nebraska, allow Americans to give a full deduc- thing extra special about the American Senator NELSON of Florida, Senator OBAMA tion that is available under current law spirit. We dig down to help people who of Illinois, Senator REID of , Senator to the tsunami relief effort in 2004, if need help. We are there. I think it is ROCKEFELLER of West Virginia, Senator they wish. Even though we are clearly probably because we are a society that SANTORUM of Pennsylvania, Senator SCHU- now in 2005, the idea is and the legisla- is much more open than most others. MER of New York, Senator SMITH OF Oregon, tion would provide that, for Americans We are also a country with many im- Senator WYDEN of Oregon, Senator STABE- who want to give to the tsunami relief migrants. We feel for the goings on in NOW of Michigan, Senator DORGAN of North Dakota, Senator DODD of Connecticut. effort and take that contribution on other countries in the world. their 2004 tax returns, they may do so. We are a young country by compari- Mr. President, I suggest the absence I am very encouraged the House took son. I wouldn’t say that makes us of a quorum. up that bill a few minutes ago. It is un- naive, but it certainly enables us to The PRESIDING OFFICER. The clear as to when that will actually have much more hope about the future clerk will call the roll. pass, but it is my understanding it will because we still are young. We are very The bill clerk proceeded to call the pass today. I have spoken to a good hopeful. Many countries that are much roll. number of Senators about this legisla- older do not have quite the same hope, Mr. MCCONNELL. Mr. President, I tion, and I have with me a long list of it seems. There is maybe a little cyni- ask unanimous consent that the order cosponsors of this legislation. I think cism—they have seen it all, or maybe for the quorum call be rescinded. it would be good for us to do this right not, but we are a country that is open The PRESIDING OFFICER (Mr. GRA- away. I say quickly because the IRS and we want to help. HAM of South Carolina). Without objec- has informed me that the sooner we Therefore, I ask unanimous consent tion, it is so ordered. pass this, the better. That is, the soon- to have printed in the RECORD a resolu- f tion which would accelerate the in- er we pass the legislation, the more APPOINTMENT easily they can work with American come benefits for charitable cash con- taxpayers who want to take this deduc- tributions for the relief of victims in The PRESIDING OFFICER. Pursuant tion—it is a cash deduction—in 2004. the Indian Ocean tsunami. Also, I ask to S. Con. Res. 1, the Chair appoints It is framed as a cash deduction be- unanimous consent to have printed in the Senator from South Dakota, Mr. cause that is what the relief agencies the RECORD a list of all the cosponsors JOHNSON, as teller on part of the Sen- want. They want cash. First, cash can of this Senate joint resolution. I am ate, in lieu of the Senator from Con- be transmitted much more quickly not going to read all the names. It is a necticut, Mr. DODD. than in-kind contributions, as much as long list. f There being no objection, the mate- food and clothes is important. They rial was ordered to be printed in the MAKING MAJORITY PARTY can transmit the cash contribution RECORD, as follows: APPOINTMENTS TO COMMITTEES with the speed of light, frankly. Sec- ond, with cash it can be disbursed and S.J. RES. Mr. MCCONNELL. I send a resolution sent to the area where it is needed the Resolved by the Senate and House of Rep- to the desk and ask for its consider- resentatives of the United States of America in ation. most. Maybe food is needed, maybe Congress assembled, medical supplies are needed in one area The PRESIDING OFFICER. The SECTION 1. ACCELERATION OF INCOME TAX BEN- clerk will report the resolution by more than another, maybe clothing or EFITS FOR CHARITABLE CASH CON- tents or whatnot is needed. With the TRIBUTIONS FOR RELIEF OF INDIAN title. cash available, the relief agencies can OCEAN TSUNAMI VICTIMS. The assistant legislative clerk read (a) IN GENERAL.—A taxpayer may treat any decide what is the best use. as follows: contribution described in subsection (b) A resolution (S. Res. 5) making majority This is also the approach taken by made in January 2005 as if such contribution our President when he nominated and party appointments to certain Senate com- was made on December 31, 2004, and not in mittees for the 109th Congress. encouraged former President Bush and January 2005. former President Clinton to go nation- (b) CONTRIBUTION DESCRIBED.—A contribu- There being no objection, the Senate wide to encourage Americans to con- tion is described in this subsection if such proceeded to consider the resolution. tribute to the relief effort. They, too, contribution is a cash contribution made for Mr. MCCONNELL. I ask unanimous the relief of victims in areas affected by the suggest cash contributions are best. consent that the resolution be agreed December 26, 2004, Indian Ocean tsunami for to. They are much more efficient. It is which a charitable contribution deduction is what makes the most sense as being allowed under section 170 of the Internal The PRESIDING OFFICER. Without the most helpful to the people in that Revenue Code of 1986. objection, it is so ordered. part of the world who need it the most. Mr. BAUCUS. Mr. President, I want The resolution (S. Res. 5) was agreed I have a special feeling, almost rev- our colleagues to know that Senator to, as follows: erence, for Southeast Asia, because I GRASSLEY and I were joined in the ef- S. RES. 5 have traveled in that part of the world fort to provide tsunami relief assist- Resolved, That not withstanding the provi- many times. The Southeast Asia am- ance by dozens of our Colleagues. I sions of Rule XXV, the following shall con- bassadors have been guests of mine in want to acknowledge them by asking stitute the majority party’s membership on my home State of Montana just re- for unanimous consent that the text of the following standing committees for the cently, this past year. I visited South- One Hundred Ninth Congress, or until their the Senate Joint Resolution and the successors are chosen: east Asia quite recently. My heart, all full list of cosponsors be printed in the COMMITTEE ON AGRICULTURE, NUTRI- of our hearts, clearly, go out to the vic- RECORD. TION, AND FORESTRY: Mr. Chambliss tims and their families. Words cannot Senator AKAKA of Hawaii, Senator ALEX- (Chairman), Mr. Lugar, Mr. Cochran, Mr. describe the extent and depth of this ANDER of Tennessee, Senator BIDEN of Dela- McConnell, Mr. Roberts, Mr. Talent, Mr.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S40 CONGRESSIONAL RECORD — SENATE January 6, 2005 Thomas, Mr. Santorum, Mr. Coleman, Mr. Santorum, Mr. Frist, Mr. Chambliss, Mrs. Member), Mr. Baucus, Mr. Lieberman, Mrs. Crapo, Mr. Grassley. Hutchison, Mr. Bennett, Mr. Hagel. Boxer, Mr. Carper, Mrs. Clinton, Mr. Lauten- COMMITTEE ON APPROPRIATIONS: Mr. COMMITTEE ON SMALL BUSINESS AND berg, and Mr. Obama. Cochran (Chairman), Mr. Stevens, Mr. Spec- ENTREPRENEURSHIP: Ms. Snowe (Chair- COMMITTEE ON FINANCE: Mr. Baucus ter. Mr. Domenici, Mr. Bond, Mr. McConnell, man), Mr. Bond, Mr. Burns, Mr. Allen, Mr. (Ranking Member), Mr. Rockefeller, Mr. Mr. Burns, Mr. Shelby, Mr. Gregg, Mr. Ben- Coleman, Mr. Thune, Mr. Isakson, Mr. Vit- Conrad, Mr. Jeffords, Mr. Bingaman, Mr. nett, Mr. Craig, Mrs. Hutchison, Mr. DeWine, ter, Mr. Enzi, Mr. Cornyn. Kerry, Mrs. Lincoln, Mr. Wyden and Mr. Mr. Brownback, Mr. Allard. COMMITTEE ON VETERANS’ AFFAIRS: Schumer. COMMITTEE ON ARMED SERVICES: Mr. Mr. Craig (Chairman), Mr. Specter, Mrs. COMMITTEE ON FOREIGN RELATIONS: Warner (Chairman), Mr. McCain, Mr. Inhofe, Hutchison, Mr. Graham, Mr. Burr, Mr. En- Mr. Biden (Ranking Member), Mr. Sarbanes, Mr. Roberts, Mr. Sessions, Ms. Collins, Mr. sign, Mr. Thune, Mr. Isakson. Mr. Dodd, Mr. Kerry, Mr. Feingold, Mrs. Ensign, Mr. Talent, Mr. Chambliss, Mr. Gra- Boxer, Mr. Nelson of Florida, and Mr. Mr. MCCONNELL. Mr. President, I Obama. ham, Mrs. Dole, Mr. Cornyn, Mr. Thune. move to reconsider the vote. COMMITTEE ON BANKING, HOUSING, COMMITTEE ON HEALTH, EDUCATION, AND URBAN AFFAIRS: Mr. Shelby (Chair- Mr. BOND. I move to lay that motion LABOR, AND PENSIONS: Mr. Kennedy (Ranking Member), Mr. Dodd, Mr. Harkin, man), Mr. Bennett, Mr. Allard, Mr. Enzi, Mr. on the table. Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, Hagel, Mr. Santorum, Mr. Bunning, Mr. The motion to lay on the table was agreed to. Mrs. Murray, Mr. Reed, and Mrs. Clinton. Crapo, Mr. Sununu, Mrs. Dole, Mr. Martinez. COMMITTEE ON HOMELAND SECURITY COMMITTEE ON COMMERCE, SCIENCE, f AND GOVERNMENTAL AFFAIRS: Mr. Lie- AND TECHNOLOGY: Mr. Stevens (Chair- MAKING MINORITY PARTY berman (Ranking Member), Mr. Levin, Mr. man), Mr. McCain, Mr. Burns, Mr. Lott, Mrs. Akaka, Mr. Carper, Mr. Dayton, Mr. Lauten- Hutchison, Ms. Snowe, Mr. Smith, Mr. En- APPOINTMENTS TO COMMITTEES berg, and Mr. Pryor. sign, Mr. Allen, Mr. Sununu, Mr. DeMint, Mr. REID. Mr. President, I send a COMMITTEE ON THE JUDICIARY: Mr. Mr. Vitter. Leahy (Ranking Member), Mr. Kennedy, Mr. COMMITTEE ON ENERGY AND NAT- resolution to the desk. The PRESIDING OFFICER. The Biden, Mr. Kohl, Mrs. Feinstein, Mr. Fein- URAL RESOURCES: Mr. Domenici (Chair- gold, Mr. Schumer, and Mr. Durbin. man), Mr. Craig, Mr. Thomas, Mr. Alexander, clerk will report the resolution by COMMITTEE ON RULES AND ADMINIS- Ms. Murkowski, Mr. Burr, Mr. Martinez, Mr. title. TRATION: Mr. Dodd (Ranking Member), Mr. Talent, Mr. Burns, Mr. Allen, Mr. Smith, Mr. The assistant legislative clerk read Byrd, Mr. Inouye, Mrs. Feinstein, Mr. Schu- Bunning. as follows: mer, Mr. Dayton, Mr. Durbin and Mr. Nelson COMMITTEE ON ENVIRONMENT AND A resolution (S. Res. 6) making minority of Nebraska. PUBLIC WORKS: Mr. Inhofe (Chairman), Mr. party appointments to certain Senate com- COMMITTEE ON SMALL BUSINESS AND Warner, Mr. Bond, Mr. Voinovich, Mr. mittees for the 109th Congress. ENTREPRENEURSHIP: Mr. Kerry (Ranking Chafee, Ms. Murkowski, Mr. Thune, Mr. Member), Mr. Levin, Mr. Harkin, Mr. Lieber- DeMint, Mr. Isakson, Mr. Vitter. There being no objection, the Senate man, Ms. Landrieu, Ms. Cantwell, Mr. Bayh, COMMITTEE ON FINANCE: Mr. Grassley proceeded to consider the resolution. and Mr. Pryor. (Chairman), Mr. Hatch, Mr. Lott, Ms. Snowe, Mr. REID. Mr. President, I ask unan- COMMITTEE ON VETERANS’ AFFAIRS: Mr. Kyl, Mr. Thomas, Mr. Santorum, Mr. imous consent that the resolution be Mr. Akaka (Ranking Member), Mr. Rocke- Frist, Mr. Smith, Mr. Bunning, Mr. Crapo. agreed to. feller, Mr. Jeffords, Mrs. Murray, Mr. Obama COMMITTEE ON FOREIGN RELATIONS: The PRESIDING OFFICER. Without and Mr. Salazar. Mr. Lugar (Chairman), Mr. Hagel, Mr. SPECIAL COMMITTEE ON AGING: Mr. objection, it is so ordered. Kohl (Ranking Member), Mr. Jeffords, Mr. Chafee, Mr. Allen, Mr. Coleman, Mr. Voino- The resolution (S. Res. 6) was agreed vich, Mr. Alexander, Mr. Sununu, Ms. Mur- Feingold, Mr. Wyden, Mrs. Lincoln, Mr. kowski, Mr. Martinez. to, as follows: Bayh, Mr. Carper, Mr. Nelson of Florida, and COMMITTEE ON HEALTH, EDUCATION, S. RES. 6 Mrs. Clinton. LABOR, AND PENSIONS: Mr. Enzi (Chair- Resolved, That notwithstanding the provi- COMMITTEE ON THE BUDGET: Mr. Con- man), Mr. Gregg, Mr. Frist, Mr. Alexander, sions of rule XXV, the following shall con- rad (Ranking Member), Mr. Sarbanes, Mrs. Mr. Burr, Mr. Isakson, Mr. DeWine, Mr. En- stitute the minority party’s membership on Murray, Mr. Wyden, Mr. Feingold, Mr. John- sign, Mr. Hatch, Mr. Sessions, Mr. Roberts. the following standing committees for the son, Mr. Byrd, Mr. Nelson of Florida, Ms. Stabenow, and Mr. Corzine. COMMITTEE ON HOMELAND SECURITY 109th Congress, or until their successors are SELECT COMMITTEE ON ETHICS: Mr. AND GOVERNMENTAL AFFAIRS: Ms. Col- chosen: Johnson (Vice Chairman), Mr. Akaka, and lins (Chairman), Mr. Stevens, Mr. Voinovich, COMMITTEE ON AGRICULTURE, NUTRI- Mr. Pryor. Mr. Coleman, Mr. Coburn, Mr. Chafee, Mr. TION, AND FORESTRY: Mr. Harkin (Rank- COMMITTEE ON INDIAN AFFAIRS: Mr. Bennett, Mr. Domenici, Mr. Warner. ing Member), Mr. Leahy, Mr. Conrad, Mr. Dorgan (Vice Chairman), Mr. Inouye, Mr. SELECT COMMITTEE ON INTEL- Baucus, Mrs. Lincoln, Ms. Stabenow, Mr. Conrad, Mr. Akaka, Mr. Johnson, and Ms. LIGENCE: Mr. Roberts (Chairman), Mr. Nelson of Nebraska, Mr. Dayton, and Mr. Cantwell. Hatch, Mr. DeWine, Mr. Bond, Mr. Lott, Ms. Salazar. SELECT COMMITTEE ON INTEL- Snowe, Mr. Hagel, Mr. Chambliss, Mr. War- COMMITTEE ON APPROPRIATIONS: Mr. LIGENCE: Mr. Rockefeller (Vice Chairman), ner (ex officio). Byrd (Ranking Member), Mr. Inouye, Mr. Mr. Levin, Mrs. Feinstein, Mr. Wyden, Mr. COMMITTEE ON THE JUDICIARY: Mr. Leahy, Mr. Harkin, Ms. Mikulski, Mr. Reid, Bayh, Ms. Mikulski, and Mr. Corzine. Specter (Chairman), Mr. Hatch, Mr. Grass- Mr. Kohl, Mrs. Murray, Mr. Dorgan, Mrs. JOINT ECONOMIC COMMITTEE: Mr. ley, Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. Feinstein, Mr. Durbin, Mr. Johnson, and Ms. Reed, Mr. Kennedy, Mr. Sarbanes, and Mr. Graham, Mr. Cornyn, Mr. Brownback, Mr. Landrieu. Bingaman. Coburn. COMMITTEE ON ARMED SERVICES: Mr. Mr. REID. Mr. President, I move to SPECIAL COMMITTEE ON AGING: Mr. Levin (Ranking Member), Mr. Kennedy, Mr. Smith (Chairman), Mr. Shelby, Ms. Collins, Byrd, Mr. Lieberman, Mr. Reed, Mr. Akaka, reconsider the vote, and I move to lay Mr. Talent, Mrs. Dole, Mr. Martinez, Mr. Mr. Nelson of Florida, Mr. Nelson of Ne- that motion on the table. Craig, Mr. Santorum, Mr. Burns, Mr. Alex- braska, Mr. Dayton, Mr. Bayh, and Mrs. The motion to lay on the table was ander, Mr. DeMint. Clinton. agreed to. COMMITTEE ON THE BUDGET: Mr. Gregg COMMITTEE ON BANKING, HOUSING, FUNDING LEVELS (Chairman), Mr. Domenici, Mr. Grassley, Mr. AND URBAN AFFAIRS: Mr. Sarbanes Mr. REID. Mr. President, I want to Allard. Mr. Enzi. Mr. Sessions, Mr. Bunning, (Ranking Member), Mr. Dodd, Mr. Johnson, engage my colleague, the distinguished Mr. Crapo, Mr. Ensign, Mr. Cornyn, Mr. Mr. Reed, Mr. Schumer, Mr. Bayh, Mr. Car- majority leader, in a colloquy regard- Alexander, Mr. Graham. per, Ms. Stabenow, and Mr. Corzine. ing committee funding. As the major- SELECT COMMITTEE ON ETHICS: Mr. COMMITTEE ON COMMERCE, SCIENCE, Voinovich (Chairman), Mr. Roberts, Mr. AND TRANSPORTATION: Mr. Inouye ity leader is aware, the current bien- Thomas. (Ranking Member), Mr. Rockefeller, Mr. nial funding authorization for com- COMMITTEE ON INDIAN AFFAIRS: Mr. Kerry, Mr. Dorgan, Mrs. Boxer, Mr. Nelson of mittee funding expires on February 28. McCain (Chairman), Mr. Thomas, Ms. Mur- Florida, Ms. Cantwell, Mr. Lautenberg, Mr. Normally, by now the Rules Committee kowski, Mr. Coburn, Mr. Domenici, Mr. Nelson of Nebraska, and Mr. Pryor. has advised the committees of the Smith, Mr. Crapo, Mr. Burr. COMMITTEE ON ENERGY AND NAT- budget assumptions for the next bien- JOINT ECONOMIC COMMITTEE: Mr. Ben- URAL RESOURCES: Mr. Bingaman (Rank- nial period, March 1, 2005 through Feb- nett (Vice-Chairman), Mr. Brownback, Mr. ing Member), Mr. Akaka, Mr. Dorgan, Mr. ruary 28, 2007, so that they may be pre- Sununu, Mr. DeMint, Mr. Sessions, Mr. Cor- Wyden, Mr. Johnson, Ms. Landrieu, Mrs. nyn. Feinstein, Ms. Cantwell, Mr. Corzine, and paring their committee authorizing COMMITTEE ON RULES AND ADMINIS- Mr. Salazar. resolutions for the next biennial fund- TRATION: Mr. Lott (Chairman), Mr. Ste- COMMITTEE ON ENVIRONMENT AND ing period. However, the Rules com- vens, Mr. McConnell, Mr. Cochran, Mr. PUBLIC WORKS: Mr. Jeffords (Ranking mittee is awaiting direction from the

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S41 leadership. Based on conversations be- believe that is fair. I hope never in the tion better. We have fought for social tween the majority leader and myself, future of this institution, no matter justice. We have fought for economic is the majority leader in a position to what party is in control, will it ever justice. We have fought for environ- announce the funding and allocation change and be any lower. mental justice. We have fought for assumptions for the next biennial com- Mr. MCCONNELL. Mr. President, I criminal justice. Now we must add a mittee funding period? thank my colleague, the Democratic new fight: the fight for electoral jus- Mr. FRIST. I am pleased to respond leader, as well. I am glad we were able tice. to the inquiry of the Democratic lead- to work this out. Every citizen of this the greatest er. The budget assumptions for the f country in the world who is registered next committee funding biennial pe- to vote should be guaranteed that their riod, subject to appropriations, will be UNANIMOUS CONSENT vote matters, that their vote is count- an across-the-board freeze budget, with AGREEMENT—H.R. 241 ed, and that in the voting booth in salary baselines adjusted by COLAs of Mr. MCCONNELL. I ask unanimous their community their vote has as 3.71 percent in 2005, as approved by the consent that when the Senate receives much weight as any Senator, any President pro tempore this week; and from the House H.R. 241, the Senate Congressperson, any President, any 3.3 percent assumed for 2006 and 3.5 per- proceed to its immediate consider- Cabinet member, or any CEO of any cent assumed for 2007, although both ation, that the bill be read three times, Fortune 500 corporation. I am sure the 2006 and 2007 actual COLA amounts passed, and the motion to reconsider be every one of my colleagues agrees with remain subject to the approval of the laid on the table without intervening that statement, that in the voting President pro tempore. action or debate. booth everyone is equal. So now it Mr. REID. Is it my understanding The PRESIDING OFFICER. Without seems to me that under our great Con- that such a freeze will result in aggre- objection, it is so ordered. stitution of the United States of Amer- gate funding levels, subject to appro- f ica, which we swear allegiance to up- priations, as follows: March 1, 2005–Sep- hold, which guarantees the right to tember 30, 2005: $53,243,918; October 1, RECESS FOR JOINT SESSION OF vote, we must ask certain questions. 2005–September 30, 2006; $93,467,365; and THE TWO HOUSES First, why did voters in Ohio wait October 1, 2006–February 28, 2007: Mr. MCCONNELL. Mr. President, I hours in the rain to vote? Why were $39,782,891, and that such funding levels ask unanimous consent that the Sen- voters at Kenyan College, for example, include, but do not separately allocate, ate now recess to reassemble in the made to wait in line until 4 a.m. to the additional 10 percent allocated to Hall of the House of Representatives vote? It was because there were only 2 the committees in the 108th Congress? for the joint session for the purpose of machines for 1,300 voters when they Mr. FRIST. That is correct. With re- the counting of electoral votes and the needed 13. gard to committee personnel salary al- Senate reassemble in the Senate Cham- Why did voters in poor and predomi- locations between the majority and mi- ber on the dissolution of the Joint Ses- nantly African- American communities nority staff, the Democratic leader and sion. have disproportionately long waits? I have agreed to a 60–40 split of all per- There being no objection, the Senate, Why in Franklin County did election sonnel funds, after allocations for non- at 12:52 p.m., recessed, to reassemble in officials use only 2,798 machines when designated administrative and clerical the Hall of the House of Representa- they needed 5,000? Why did they hold staff are agreed to by the chairman and tives for a joint session, and at 1:30 back 68 machines in warehouses, 68 ma- ranking member pursuant to Rule p.m. reassembled in the Senate Cham- chines that were in working order? XXVII of the Standing Rules of the ber when called to order by the Vice Why were 42 of those machines in pre- Senate. However, the chairman and President. dominantly African-American commu- ranking member of any committee f nities? may, by mutual agreement, modify the Why in the Columbus area alone did allocation of personnel funds. The divi- OBJECTION TO COUNTING OF OHIO an estimated 5,000 to 10,000 voters leave sion of committee office space shall be ELECTORAL VOTES polling places out of frustration with- commensurate with this allocation The VICE PRESIDENT. Pursuant to out having voted? How many more agreement. S. Con. Res. 1 and section 17 of title 3, never bothered to vote after they heard Mr. REID. I thank the majority lead- United States Code, when the two this because they had to take care of er for his comments and assistance in Houses withdraw from the joint session their families or they had a job or they reaching this agreement. to count the electoral vote for separate were sick or their legs ached after Mr. REID. Mr. President, if I could, if consideration of an objection, a Sen- waiting for hours? the distinguished acting leader would ator may speak to the objection for 5 Why is it when 638 people voted at a allow me to say a word, what we have minutes and not more than once. De- precinct in Franklin County, a voting just done has been something that is bate shall not exceed 2 hours, after machine awarded 4,258 extra votes to important for the institution. We want which the Chair will put the question: George Bush? Thankfully, they fixed it. to show bipartisanship, and this has Shall the objection be sustained? Only 638 people had shown up, but been very difficult. Briefly, because I The clerk will report the objection George Bush got more than 4,000 votes. know we have a joint session, let me made in the joint session. How could that happen? say the chairmen and ranking members The assistant legislative clerk read Why did Franklin County officials re- do yeoman’s work around here. They as follows: duce the number of electronic voting work very hard. Ms. TUBBS JONES, a Representative from machines to downtown precincts while What has just been completed is a Ohio, and Mrs. BOXER, a Senator from Cali- adding them in the suburbs? This also compromise. I appreciate the coopera- fornia, object to the counting of electoral led to long lines. tion of Senator FRIST and Senator votes of the State of Ohio on the ground that In Cleveland, why were there thou- MCCONNELL, Senator LOTT and Senator they were not, under all of the known cir- sands of provisional ballots disqualified DODD. We have worked hard to arrive cumstances, regularly given. when everyone knew that poll workers at this point, and we have shown some The PRESIDENT pro tempore. Who had given faulty instructions to the bipartisanship. We on the Democratic seeks recognition? voters? side, and I think I can speak for some The Senator from California. Because of this and voting irregular- of my friends on the Republican side, Mrs. BOXER. Mr. President, thank ities in so many other places, I am hope that the money the committees you so much. joining today with Congresswoman are going to get to do their work is not For most of us in the House and in STEPHANIE TUBBS JONES, a 10-year all needed. We didn’t use it all last the Senate, we have spent our lives judge, an 8-year prosecutor, a 6-year time. I hope we don’t need it this time. fighting for what we believe in, always Member of Congress, a woman inducted But at least we have a framework fighting to make our Nation better. We into the Women’s Hall of Fame. Folks, where we have divided the responsibil- may not agree from time to time, but she has great credibility, and she asked ities of the Senate on a 60–40 basis. I we are always fighting to make our Na- just one Senator to take a couple of

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S42 CONGRESSIONAL RECORD — SENATE January 6, 2005 hours. I hate inconveniencing my cause what you are doing now—redoubling home and resume his life. You might con- friends, but I believe it is worth a cou- your effort in the face of a settled outcome— sider emulating his excellent example, be- ple of hours to shine some light on will only drive you further toward the polit- cause what you are doing now—redoubling these issues. ical fringe. And that long grass already is your effort in the face of a settled outcome— tickling your knees. will only drive you further toward the polit- We passed the Help America Vote The 176 Democrats who sit on Ohio’s 88 ical fringe. And that long grass already is Act, which was important to help county election boards pondered their juris- tickling your knees. American voters, but then we did noth- dictions’ results, accepted their subordi- The 176 Democrats who sit on Ohio’s 88 ing. nates’ good work, and are turning their ener- county election boards pondered their juris- Senators GRAHAM, CLINTON, and I in- gies toward the future. Are they all dupes in dictions’ results, accepted their subordi- troduced a bill to ensure that a paper some Machiavellian Republican scheme? Or nates’ good work, and are turning their ener- trail go along with electronic voting. do they simply have a firmer grasp of reality gies toward the future. Are they all dupes in some Machiavellian Republican scheme? Or We couldn’t even get a hearing in the than that displayed by the two of you and a handful of unrelenting zealots still ranting do they simply have a firmer grasp of reality last Congress. In the House, it is the in the January rain, eight weeks after the than that displayed by the two of you and a same problem. We need this kind of November voting?’’ handful of unrelenting zealots still ranting bill. in the January rain, eight weeks after the The headline for the Akron Beacon Let me simply say to my colleagues: November voting? Journal’s editorial from December 24, I have great respect for all of you. But Yes, long lines built voter frustration. Yes, 2004 was: I think it is key, whether it is Repub- some electronic machines malfunctioned. Yes, boards rejected more provisional ballots licans or Democrats, that we under- We wish John Kerry would have won Ohio. He didn’t. than usual. But such things happen when stand that the centerpiece of this coun- hundreds of thousands of new voters join the try is democracy, and the centerpiece The piece went on to say: process and new technology debuts under of democracy is ensuring the right to The allegations being thrown around are of fire. Your doubts notwithstanding, numerous vote. the flimsiest nature . . . Not one shred of nonpartisan election experts say Ohio did an I ask you, my friends from both sides evidence has been presented to show that above-average job. Ohio’s strictly bipartisan system of running of the aisle, when we get busy working Americans treasure the right to be loudly elections was manipulated. mistaken—a right you now freely exercise. within the next few weeks, let us not But for two national figures whose constitu- turn away from the things that hap- The Columbus Dispatch, in an edi- torial dated December 12, 2004, said: encies are among the poorest of the poor, it pened in Ohio. Our people are dying all seems an embarrassing waste of energies over the world. A lot of them are from On Monday, the 20 Ohio members of the sorely needed elsewhere. Fold your mildewed my State. For what reason? To bring Electoral College will cast their votes to tents, collect your soggy cardboard and focus elect the next president of the United States. democracy to the far corners of the on the poverty, single-parenthood and drop- When those votes are added to those from out rates that have so impoverished those in globe. Let us fix it here, and let us do electors in the other 49 states, George W. it the first thing out. whose names you protest too much. Good Bush’s re-election will be official. causes await your serious advocacy. And Thank you very much, Mr. President. But that won’t stop the conspiracy theo- what you are doing now isn’t serious. I yield the floor. rists who claim that Bush stole his victory. The PRESIDENT pro tempore. The Though they are small in number, these [From the Akron Beacon Journal, Dec. 24, Senator from Pennsylvania. naysayers are loud and repetitious. So the 2004] truth bears repeating, too: Bush won because Mr. SANTORUM. Mr. President, I STILL CHASING CONSPIRACIES; WE WISH JOHN more Ohioans voted for him than for Senator ask for the yeas and nays. KERRY WOULD HAVE WON OHIO. HE DIDN’T John Kerry. The PRESIDING OFFICER. Is there a Kerry understands that George Bush legiti- The $1.5 million recount of presidential sufficient second? mately won the election, which is why he votes in Ohio is almost finished. With all There is a sufficient second. conceded on November 3rd. Those who claim counties except Lucas reporting, the results The yeas and nays were ordered. that Ohio’s vote was rigged have produced haven’t shifted by more than a few hundred The PRESIDENT pro tempore. The nothing that approaches credible evidence, votes for either candidate. George W. Bush’s Senator from Ohio. nor have they explained how a conspiracy win in Ohio, which gave him a majority of could be carried out successfully in a decen- Electoral College votes, is safe. Mr. DEWINE. Mr. President, I find it Still, die-hards are continuing to question. tralized system involving 88 separate, bipar- almost impossible to believe that I am A challenge filed in the Ohio Supreme Court tisan county election boards. actually standing on the floor of the by a group backed by the Rev. Jesse Jackson Such a conspiracy would have to involve alleges fraud, computer hacking and post- Senate today engaged in a debate over scores, if not hundreds, of Democratic elec- election vote-switching, among other things. whether George Bush won Ohio in the tion-board members actively working John Conyers of Michigan, the highest-rank- 2004 Presidential election. Clearly he against their own party and presidential can- ing Democratic member of the House Judici- did and did so by 118,000 votes. didate. ary Committee, wants an FBI investigation. Because I am limited under the rules It is terribly unfortunate that this A lawyer representing Sen. John Kerry’s to 5 minutes, I will not have time to body is meeting under these cir- campaign now says some parts of the re- address all of the wild, incoherent, and cumstances. I urge my colleagues to count in Cuyahoga County should be counted completely unsubstantiated charges act unanimously in seating Ohio’s elec- again. that have been made about the 2004 tors. The allegations being thrown around are of Ohio Presidential election. What might I ask unanimous consent to have the the flimsiest nature. Jackson and Conyers are, for example, seeking exit polling data to be a better way for me to explain the full text of the above-mentioned arti- absurdity of the suggestion that Ohio compare with the official voting results. To cles printed in the RECORD. what end? Is the election to be handed to did not go for President Bush is to There being no objection, the mate- Kerry based on a sampling of voters’ opin- quote from numerous editorials that rial was ordered to be printed in the ions on Election Day, or the actual results? have been written in Ohio newspapers. RECORD, as follows: Conyers based his request for an FBI inves- tigation, in part, on the fact that a vote-tab- The Cleveland Plain Dealer, a news- (From the Cleveland Plain Dealer, Jan. 4, ulating computer had undergone routine paper that did not endorse either Presi- 2005) maintenance before the recount in Hocking dent Bush or JOHN KERRY, said in an PLEASE, LET IT GO. ELECTION WAS 2 MONTHS editorial this past Tuesday addressing County. A review of the procedure by the AGO; INAUGURATION IS IN 2 WEEKS; JACKSON election board and computer technicians those in Ohio and those from out of AND TUBBS JONES SHOULD GET ON TO SOME- showed the maintenance hadn’t altered a State still contesting Ohio’s results: THING USEFUL.’’ thing. The election horse is dead. You can stop Memo to Rep. Stephanie Tubbs Jones and Not one shred of evidence has been pre- beating it now. Not one ounce of political the Rev. Jesse Jackson: The election horse is sented to show that Ohio’s strictly bipar- flesh remains on that carcass. Ohio has dead. You can stop beating it now. tisan system of running elections was manip- counted and recounted: President George W. Not an ounce of political flesh remains on ulated. There isn’t any. What happened on Bush received 118,775 more votes than your that carcass. Ohio has counted and re- Election Day, the long lines, tens of thou- man Sen. John Kerry. counted: President George W. Bush received sands of punch-card ballots that failed to The senator had the good grace and sense 118,775 more votes than your man, Sen. John record a vote, confusion over provisional vot- to acknowledge the abundantly obvious, go Kerry. ing and proper registration, can and should home, and resume his life. You might con- The senator had the good grace and sense be addressed by J. Kenneth Blackwell, the sider emulating his excellent example, be- to acknowledge the abundantly obvious, go secretary of state, and local election boards.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S43 The voters would be better served if those president, have grasped the most basic re- cure system and back it up with a paper backing the challenges backed off, concen- ality of Election Day 2004: record. trating on election reforms instead of elec- George W. Bush was re-elected. He won Common-sense solutions can make a dif- toral futility. roughly 60.7 million votes and carried 31 ference. Endless sour grapes will not. states with 286 electoral votes. Ohio’s 20 [From the Dayton Daily News, Dec. 20, 2004] Electoral College members formally cast bal- [From the Columbus Dispatch, December 12, DID VOTES VANISH IN MIAMI VALLEY? lots for the president Monday in the State- 2004] house. Specific complaints about the Ohio vote SOUND AND FURY; ELECTION-CONSPIRACY Unfortunately, there is a small, but very count keep getting aired—especially on the THEORISTS DO NOTHING TO IMPROVE VOTING vocal, group of Americans who refuse to ac- Internet—and keep getting laid to rest, but cept this reality. They argue that what ap- On Monday, the 20 Ohio members of the then just keep on getting cited by some die- pear to be routine technical glitches and Electoral College will cast their votes to hard Democrats. human errors were in fact an elaborate con- elect the next president of the United States. The supposed outrage in Republican War- spiracy to skew the election results. They When those votes are added to those from ren County? There the authorities closed off claim that long lines at a few polling places, electors in the other 49 states, George W. the vote-counting site on election night. the rather unsurprising result of high voter Bush’s re election will be official. Turns out, however, the local Democratic interest, were evidence of a systematic cam- But that won’t stop the conspiracy theo- authorities were there, inside the building, paign to discourage participation. In short, rists who claim that Bush stole his victory. and were fine with what went down, seeing having failed to get the outcome they want- Though they are small in number, these no shenanigans. ed at the polls, they have decided to mount naysayers are loud and repetitious. So the The fact that many ballots in Montgomery an irresponsible campaign aimed at under- truth bears repeating, too: Bush won because County showed no vote for president? Turns mining public confidence in the electoral more Ohioans voted for him than for Sen. out there was an electrical malfunction, and system itself. John Kerry. the counts have been changed, with Repub- Ohio, arguably the most intensive battle- Kerry understands that Bush legitimately licans benefiting. ground for Bush and Kerry, has been the No. won the election, which is why he conceded Votes showing up late in the process in 1 target of these diehards. on Nov. 3. Those who claim that Ohio’s vote Miami County? Turns out the original state Since Election Day, they have seized on was rigged have produced nothing that ap- reports were wrong. isolated problems in a relative handful of proaches credible evidence. Nor have they Similar phenomena in other parts of the this state’s 11,366 precincts as proof of great- explained how a conspiracy could be carried state have similarly turned out not to er ills or even criminal activity. out successfully in a decentralized system amount to much. One speaker in Columbus over the weekend involving 88 separate, bipartisan county elec- Yet 12 Democrats on the U.S. House Judi- likened Ohio to . The Rev. Jesse tion boards. ciary Committee have posed questions about Jackson has complained of widespread Such a conspiracy would have to involve these alleged irregularities to Secretary of ‘‘fraud and stealing.’’ scores, if not hundreds, of Democratic elec- State J. Kenneth Blackwell. The strategy The Green and Libertarian parties, whose tion-board members actively working seems to be throw everything at the wall and presidential candidates got a combined against their own party and presidential can- see what sticks. three-tenths of one percent of the vote in didate. Several Miami Valley issues are at the Ohio on Nov. 2, have demanded a recount of The idea that Democratic election officials center of this national squabble. the state’s 5.7 million ballots. That will cost disenfranchised voters in minority and Some committee questions are just non- taxpayers about $1.4 million. A coalition of Democratic precincts offends William A. An- sense: How can the secretary of state explain critics, led by a former Ohio organizer for thony Jr., chairman of the Franklin County that Sen. John Kerry did no better in Warren Ross Perot, has asked the Ohio Supreme Democratic Party and of the Franklin Coun- County than did in 2000, even though Court to overturn the presidential election, ty Election Board, who was at the center of Sen. Kerry spent more money and Ralph as well as the outcome in the race for chief planning for the Nov. 2 election. Nader wasn’t on the ballot this time? Please. justice. The Kerry campaign, reflecting its He was particularly incensed after the Rev. This is nothing. Republicans are leaving cen- leader’s maddening desire to have everything Jesse Jackson recently repeated the allega- tral urban counties for places like Warren, both ways, has said it does not expect a re- tions and called for an investigation of the making the places they leave bluer and the count to change anything—yet has also Ohio election. new places redder. issued a list of things it wants local elections ‘‘I am a black man,’’ Anthony said. ‘‘Why Perhaps the most intriguing question is officials to double-check. would I sit there and disenfranchise voters in the one about the race for chief justice of the Obviously, there were problems on Elec- my own community? I feel like they’re ac- Ohio Supreme Court. tion Day. There always are. Elections are cusing me of suppressing the black vote. I’ve Democratic challenger C. Ellen Connally run by imperfect humans. Many individual fought my whole life for people’s right to ran worse than Sen. John Kerry statewide, polling places are in the hands of civic-mind- vote.’’ by about 3 percentage points. But in some ed neighbors with a few hours of training. Anthony’s indignation is justified. counties in Southwest Ohio—Miami, Darke, Machines malfunction. Voters mess up bal- The major problem with the Nov. 2 elec- Butler, Claremont, Brown—she ran ahead of lots. tion was the long lines at many polling him. Why? But Ohio has already done its usual inten- places. But these were the result of high Is it possible, as has been charged, that sive post-election audit and reconciliation, a turnout, not conspiracy. Republican and some 60,000 Kerry votes somehow dis- process designed to spot mistakes. That can- Democratic voters alike were inconven- appeared in those counties? vass resulted in Bush’s unofficial 136,000–vote ienced. In many precincts, the problem was Consider: Party labels do not appear on the margin being reduced to the 119,000–vote exacerbated by a long ballot containing ballots for judicial candidates. So, in these edge that Secretary of State Kenneth many tax and bond issues in addition to can- very Republican counties, one would not ex- Blackwell certified last week. didate choices. pect Judge Connally to have the kind of Ohio’s bipartisan elections system makes Ohio is in the midst of an effort to replace problem that Sen. Kerry had. the kind of GOP conspiracy that some allege But why did Judge Connally run behind election machinery throughout the state. all but impossible to execute. Every county Sen. Kerry statewide if she ran ahead of him Secretary of State J. Kenneth Blackwell board of elections consists of two Democrats in these counties? Probably because the made a good- effort to have the new and two Republicans. So when Jackson and Moyer campaign—the only well-funded one— equipment in place in time for the Nov. 2 other national Democrats question Ohio’s focused its commercials and mailings some- election, but he was stymied by political dis- outcome, they demean their own allies. Wil- place other than small, Republican counties. putes over the security and verifiability of liam Anthony Jr., the African-American who To ask the secretary of state to explain the machines. County election officials wise- chairs both the Franklin County Democratic these things is absurd. Any response he of- ly are waiting until this issue is sorted out Party and its elections board, has been per- fers will be treated by the Democrats on the before moving ahead with purchases of new sonally stung by Jackson’s slander: ‘‘Why House committee as partisan. Nonpartisan machines. would I sit there and disenfranchise my own think tanks could do this work more But before that, Ohio lawmakers can re- community?’’ he asks. duce lines by rewriting election laws to credibly and with more expertise. The recount will go forward because by law The partisan Democrats know that. allow voters to cast absentee ballots instead it must; history suggests few votes will They’re just playing games. of visiting polling places. change. But it is time to focus on how to Much work remains to be done to improve make future elections more efficient. the state’s voting system. The conspiracy [From the Cleveland Plain Dealer, Dec. 15, Clearly it would help if groups that reg- 2004] theorists are contributing nothing to the ef- ister new voters did not deliver thousands of fort but useless noise. MOVE ON NOW; THE ZEALOTS WHO REFUSE TO applications at the last minute. Ohio also ACCEPT OHIO’S VOTE COUNT RISK UNDER- needs an early voting system to relieve at The PRESIDENT pro tempore. The MINING CONFIDENCE IN THE SYSTEM ITSELF least some of the pressure on Election Day. Senator from Nevada. Most Americans, including the vast major- And rather than retreating from electronic Mr. REID. Mr. President, I advise ity of those who supported John Kerry for voting machines, the state needs to find a se- Members on the minority side if they

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S44 CONGRESSIONAL RECORD — SENATE January 6, 2005 want to speak on this issue, I have mittee in the last couple of years—we partisan basis that we can and should been informed that when the speeches made some progress but we still fell do better. end there will be a rollcall vote. If peo- short. In the case of Reynolds v. Sims, the ple are waiting to come here an hour I respectfully ask the chairman of Supreme Court of the United States from now, they may not get the chance the Rules Committee, Senator LOTT, made it clear that we have a constitu- to speak. Members who want to speak who is here today, if he would be will- tional right to vote. Thank God. That should come here now. I have been in- ing to convene hearings in the very decision which was handed down in 1964 formed on the majority side there may near future and look not just at Ohio appears clear and unequivocal. But not be another speaker or, if so, maybe but at the experience from this elec- wait. Four years ago that same Su- only one other speaker. tion and how it can instruct us to im- preme Court, in the case of Bush v. For my side, I repeat, as I understand prove that process for the future. Gore, reached a different conclusion the rules, they should be here to speak The Senator from California is abso- and stated that the individual citizen for the 5 minutes when the time comes. lutely right; every American should has no Federal constitutional right to That time is now. know he or she has a right to vote, that vote for electors for the President of The PRESIDENT pro tempore. The they can vote expeditiously, that their the United States. Senator from Minnesota is recognized. vote will be counted and it will be tab- It appears that this statement by the Mr. DAYTON. Mr. President, I have ulated accurately, whether under Re- highest court in the land is incon- the greatest respect and personal re- publican or Democratic election offi- sistent with a decision reached 40 years gard for my friend from the State of cials, whether it is for President from ago. California. It is not often I find myself one party or another. So where do we stand today? There is rising in disagreement, but I emphati- Whether I agree or disagree with the great uncertainty. Congressman JESSE cally disagree and say respectfully that judgment of the American people, I re- JACKSON of my home State of Illinois is I believe those involved, citizens from spect and agree more than anything proposing a constitutional amendment around the country, with all their good else with that process and the integrity to make it clear and unequivocal that intentions, are seriously misguided and of the process that produces whatever we have a constitutional right to vote are leading us into a very unfortunate result they determine. It is that which in America. I am loathe to jump on the precedent that was not in any way con- we must guard today. I regret we are in bandwagon for constitutional amend- templated by the Constitution, by the a position of possibly compromising it. ments. I have seen some things done law, or by historical precedent. It would be a fatal mistake to overturn here that are not very proud moments Obviously, the law, which was estab- it in the way suggested. in the history of the Senate when it lished in 1887, did not envision that our The PRESIDENT pro tempore. The comes to offering constitutional role would be to adjudicate in any Senator from Illinois. amendments, but I will take this one State the results of an election for Mr. DURBIN. Mr. President, I say at seriously. President. If it were the intent, it the outset, this historic meeting in the When you look at the results of the clearly would not have designed this Senate will end at some point in a election in Ohio and in many other kind of forum where an objection is vote. When the time comes to vote I States, serious questions are raised. raised, we each express our opinion for would vote to certify the vote from the These have been documented by the up to 5 minutes, and then vote on a State of Ohio. House Judiciary Committee Demo- whole array of facts and allegations I do not have personal knowledge of cratic staff. and statements and contradictions what occurred in the election in Ohio, Mr. President, I ask unanimous con- that we could not possibly in this set- but I have spoken to those who were sent that the Executive Summary of ting determine fairly and accurately. present, who tell me that despite irreg- this report, entitled ‘‘Preserving De- If we were to do so, if we were to hy- ularities, which I will note, they do not mocracy: What Went Wrong in Ohio,’’ pothetically object on an inevitably rise to a level where we would chal- be printed in the RECORD. There being no objection, the mate- partisan basis to the actions taken by lenge the outcome of the election in rial was ordered to be printed in the the electorate of a certain State, cer- Ohio. RECORD, as follows: tified by the election officers of that In addition, the Democratic Party State and then brought to us today, if Kerry-Edwards campaign had more WHAT WENT WRONG IN OHIO we were to overturn that process and in than 2,000 lawyers on the ground in EXECUTIVE SUMMARY this instance throw the election into Ohio on election day. That was rep- Representative John Conyers, Jr., the licated in many States across the Na- Ranking Democrat on the House Judiciary the House of Representatives, the dam- Committee, asked the Democratic staff to age it would do to our democracy, to tion. I think what it says is that the conduct an investigation into irregularities the integrity of our system, would be nature of this debate and the chal- reported in the Ohio presidential election incalculable. If it were to result hypo- lenges which we are raising do not go and to prepare a Status Report concerning thetically in an alteration of the pub- to the results of the election but rather the same prior to the Joint Meeting of Con- licly expressed electoral will in an elec- go to our electoral system. gress scheduled for January 6, 2005, to re- tion for President, the entire credi- Some may criticize our colleague ceive and consider the votes of the electoral bility of our system would possibly be from California for bringing us here for college for president. The following Report this brief debate. I thank her for doing includes a brief chronology of the events; destroyed. summarizes the relevant background law; I am not the complete authority, but that because it gives Members an op- provides detailed findings (including factual as I have read some of the assertions portunity once again on a bipartisan findings and legal analysis); and describes made about the conduct of the election basis to look at a challenge that we various recommendations for acting on this in Ohio, I find serious imperfections. If face not just in the last election in one Report going forward. we shed that spotlight on most States State but in many States. Because of We have found numerous, serious election in this country, including my own different electoral practices in States irregularities in the Ohio presidential elec- State of Minnesota, we would find across America, voters who wish to tion, which resulted in a significant dis- enfranchisement of voters. Cumulatively, other imperfections. cast a vote for President or Vice Presi- these irregularities, which affected hundreds Democracy is not a perfect process, dent cannot approach the polls with of thousand of votes and voters in Ohio, raise but it is a process that we have a re- certainty that their vote will be count- grave doubts regarding whether it can be sponsibility, not in hindsight but with ed or that they can vote in a fair and said the Ohio electors selected on December foresight, to try to structure and to convenient manner. 13, 2004, were chosen in a manner that con- continue to perfect so it is as close to There are litanies of examples that forms to Ohio law, let alone federal require- perfect as is humanly possible. I share could be cited. I do not challenge the ments and constitutional standards. entirely the concerns expressed by my legitimacy of the 2004 election out- This report therefore, makes three rec- ommendations: (1) consistent with the re- colleague from California and others come. I do not believe there is evidence quirements of the United States Constitu- who said despite our best efforts—and I of widespread fraud. I believe Senator tion concerning the counting of electoral was part of that collaborative effort in KERRY was correct in announcing his votes by Congress and Federal law imple- this body and under the Rules Com- concession, but let us concede on a bi- menting these requirements, there are ample

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S45 grounds for challenging the electors from the able to receive provisional ballots likely cluding (i) counties which did not randomly State of Ohio; (2) Congress should engage in disenfranchised thousands, if not tens of select the precinct samples; (ii) counties further hearings into the widespread irreg- thousands, of voters, particularly seniors. A which did not conduct a full hand count after ularities reported in Ohio; we believe the federal court found Mr. Blackwell’s order to the 3% hand and machine counts did not problems are serious enough to warrant the be illegal and in violation of HAVA. match; (iii) counties which allowed for irreg- appointment of a joint select Committee of Second, on election day, there were numer- ular marking of ballots and failed to secure the House and Senate to investigate and re- ous unexplained anomalies and irregularities and store ballots and machinery; and (iv) port back to the Members, and (3) Congress involving hundreds of thousands of votes counties which prevented witnesses for can- needs to enact election reform to restore our that have yet to be accounted for: didates from observing the various aspects of people’s trust in our democracy. These There were widespread instances of intimi- the recount. changes should include putting in place more dation and misinformation in violation of The voting computer company Triad has specific federal protections for federal elec- the Voting Rights Act, the Civil Rights Act essentially admitted that it engaged in a tions, particularly in the areas of audit capa- of 1968. Equal Protection, Due Process and course of behavior during the recount in nu- bility for electronic voting machines and the Ohio right to vote. Mr. Blackwell’s ap- merous counties to provide ‘‘cheat sheets’’ to casting and counting of provisional ballots, parent failure to institute a single investiga- those counting the ballots. The cheat sheets as well as other needed changes to federal tion into these many serious allegations rep- informed election officials how many votes and state election laws. resents a violation of his statutory duty they should find for each candidate, and how With regards to our factual finding, in under Ohio law to investigate election irreg- many over and under votes they should cal- brief, we find that there were massive and ularities. culate to match the machine count. In that unprecedented voter irregularities and We learned of improper purging and other way, they could avoid doing a full county- anomalies in Ohio. In many cases these registration errors by election officials that wide hand recount mandated by state law. irregularities were caused by intentional likely disenfranchised tens of thousands of Mr. DURBIN. Mr. President, the misconduct and illegal behavior, much of it voters statewide. The Greater Cleveland irregularities were not confined to the involving Secretary of State J. Kenneth Voter Registration Coalition projects that in State of Ohio. Let me give you an Illi- Cuyahoga County alone over 10,000 Ohio citi- Blackwell, the co-chair of the Bush-Cheney nois example. In DuPage County, IL, 26 campaign in Ohio. lost their right to vote as a result of of- First, in the run up to election day, the ficial registration errors. percent of provisional ballots were following actions by Mr. Blackwell, the Re- There were 93,000 spoiled ballots where no counted, but in Chicago, a few miles publican Party and election officials vote was cast for president, the vast major- away, 61 percent were counted. That is disenfranchised hundreds of thousands of ity of which have yet to be inspected. The more than twice as many. That is Ohio citizens, predominantly minority and problem was particularly acute in two pre- largely because Chicago allows provi- Democratic voters: cincts in Montgomery County which had an sional ballots to be cast by a voter who The misallocation of voting machines led undervote rate of over 25% each—accounting turns up in the wrong precinct on elec- for nearly 6,000 voters who stood in line to to unprecedented long lines that tion day. DuPage County does not, the disenfranchised scores, if not hundreds of vote, but purportedly declined to vote for thousands, of predominantly minority and president. county right next to Cook County. Democratic voters. This was illustrated by There were numerous, significant unex- How is it that the fundamental right the fact that reported plained irregularities in other counties of an American citizen to have his or that in Franklin County, ‘‘27 of the 30 wards throughout the state: (i) in Mahoning county her vote counted can vary dramati- with the most machines per registered voter at least 25 electronic machines transferred cally—not just from State to State but showed majorities for Bush. At the other end an unknown number of Kerry votes to the from county to county? We need to ad- of the spectrum, six of the seven wards with Bush column; (ii) Warren County locked out dress this on a national basis. the fewest machines delivered large margins public observers from vote counting citing The PRESIDENT pro tempore. The an FBI warning about a potential terrorist for Kerry.’’ Among other things, the con- Senator’s time has expired. scious failure to provide sufficient voting threat, yet the FBI states that it issued no such warning; (iii) the voting records of Who seeks recognition? machinery violates the Ohio Revised Code The Senator from Michigan is recog- which requires the Boards of Elections to Perry county show significantly more votes ‘‘provide adequate facilities at each polling than voters in some precincts, significantly nized. place for conducting the election.’’ less ballots than voters in other precincts, Ms. STABENOW. Mr. President, I Mr. Blackwell’s decision to restrict provi- and voters casting more than one ballot; (iv) rise today to talk about the most fun- sional ballots resulted in the disenfranchise- in Butler county a down ballot and under- damental right in our democracy, the ment of tens, if not hundreds, of thousands of funded Democratic State Supreme Court right to vote. Every election day, mil- voters, again predominantly minority and candidate implausibly received more votes lions of people in America from dif- Democratic voters. Mr. Blackwell’s decision than the best funded Democratic Presi- ferent social, economic, and ethnic departed from past Ohio law on provisional dential candidate in history; (v) in Cuyahoga backgrounds converge on polling sta- ballots, and there is no evidence that a county, poll worker error may have led to broader construction would have led to any little known third party candidates receiving tions to cast their ballots. And as they significant disruption at the polling places, twenty times more votes than such can- leave the polling booths, they emerge, and did not do so in other states. didates had ever received in otherwise reli- one by one, as equals. Mr. Blackwell’s widely reviled decision to ably Democratic leaning areas; (vi) in Miami They are equals because the power of reject voter registration applications based county, voter turnout was an improbable and our Constitution resides with the peo- on paper weight may have resulted in thou- highly suspect 98.55 percent, and after 100 ple who delegate power to the Govern- sands of new voters not being registered in percent of the precincts were reported, an ment. Our Constitution guarantees the time for the 2004 election. additional 19,000 extra votes were recorded right of every American to be heard The Ohio Republican Party’s decision to for President Bush. engage in preelection ‘‘caging’’ tactics, se- Third, in the post-election period we equally about whom they want to lead lectively targeting 35,000 predominantly mi- learned of numerous irregularities in tal- their Government. We, as their elected nority voters for intimidation had a negative lying provisional ballots and conducting and leaders, have a responsibility to ensure impact on voter turnout. The Third Circuit completing the recount that disenfanchised that those constitutional freedoms are found these activities to be illegal and in di- thousands of voters and call the entire re- honored and protected. rect violation of consent decrees barring the count procedure into question (as of this We have heard from some voters in Republican Party from targeting minority date the recount is still not complete): Ohio and across the country about the voters for poll challenges. Mr. Blackwell’s failure to articulate clear election in November. They feel that The Ohio Republican Party’s decision to and consistent standards for the counting of utilize thousands of partisan challengers provisional ballots resulted in the loss of their voices were not heard. concentrated in minority and Democratic thousands of predominantly minority votes. Thousands of voters waited in line areas likely disenfranchised tens of thou- In Cuyahoga County alone, the lack of guid- for up to 10 hours to cast their ballots. sands of legal voters, who were not only in- ance and the ultimate narrow and arbitrary Some waited until 4 in the morning, timidated, but became discouraged by the review standards significantly contributed to and some waited for hours in the rain. long lines. Shockingly, these disruptions the fact that 8,099 out of 24,472 provisional Many voters with job, family, and were publicly predicted and acknowledged by ballots were ruled invalid, the highest pro- other responsibilities simply could not Republican officials: Mark Weaver, a lawyer portion in the state. wait any longer, and they left without Mr. Blackwell’s failure to issue specific for the Ohio Republican Party, admitted the voting. It is unreasonable to expect challenges ‘‘can’t help but create chaos, standards for the recount contributed to a longer lines and frustration.’’ lack of uniformity in violation of both the voters to wait 10 hours to exercise Mr. Blackwell’s decision to prevent voters Due Process Clause and the Equal Protection their constitutional right to vote. who requested absentee ballots but did not Clauses. We found innumerable irregularities Some soldiers and other Americans receive them on a timely basis from being in the recount in violation of Ohio law, in- living overseas believe their ballots

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S46 CONGRESSIONAL RECORD — SENATE January 6, 2005 were not counted. Without question, ness of the country. But I do support rately counted. We cannot go through every legal ballot should count, wheth- the GAO investigation into these con- another election wondering whether a er it is cast overseas or here in the cerns. When we find out what the GAO patchwork of unequal and outdated United States. has to say, we have an obligation to ad- procedures—whether by accident or de- Many precincts across the country dress the problems they uncover. sign—have yet again denied so many of continue to use outdated punch-card I do support true election reform our fellow citizens the right to vote. ballots and decades-old voting ma- that will create a 21st century voting I commend the many thousands of chines that are more prone to error or system that we can all be proud of. citizens in Massachusetts and other simply do not work properly. That is The PRESIDENT pro tempore. The States who insisted that treating to- disturbing enough—machines from the Senator’s time has expired. day’s electoral vote count in Congress 1950s being used in 2004—but even more The Senator from Massachusetts is as a meaningless would be an in- disturbing is that urban areas are dis- recognized. sult to our democracy unless we reg- proportionately affected. More urban Mr. KENNEDY. First of all, I com- ister our own protest against the obvi- areas do not have the modern voting mend and thank our friend from Cali- ously flawed voting process that took machines and equipment that is avail- fornia, Senator BOXER, for giving us place in so many of our States. We are able in other areas of the country. This this opportunity to address the Senate hopeful that this major issue that goes disparity affects voting for a large on this issue. to the heart of our democracy is now number of minorities, and that is unac- On November 3, JOHN KERRY con- firmly implanted on the agenda for ef- ceptable. ceded the 2004 Presidential election to fective action by this Congress. Even those precincts with electronic George Bush. While we do not question Few things are more important to voting machines had problems. Some the outcome, many of us remain deeply the Nation and to each of us, both Re- machines malfunctioned, causing votes concerned that for the second time in a publican and Democrat, than a genuine to be counted more than once or not at row, in a closely contested election, guarantee that the people’s will is all. Anyone who has used a computer there were so many complaints about heard through the ballot. No democ- at home or at work knows that even the ability of voters to cast their votes racy worth the name can allow such a saved data can be lost. Yet most elec- and have them counted fairly. flawed election process to take place tronic voting machines do not have a The right to vote is the cornerstone again. paper record to back up the system. It of our democracy. Every Member of Mr. President, I yield the floor. could be as simple as a paper receipt Congress has a duty to protect and up- Mr. BYRD. Mr. President, today, the like the one you get when you with- hold that right. When that right is Congress gathers to exercise the role draw money from an ATM machine. threatened, Congress must act to pro- laid out by the Framers in the Con- In Nevada, electronic voting ma- tect it. Clearly, the legislation we en- stitution of the United States. The chines have a paper trail, and we need acted to do so after the 2000 election past two national elections have been it for all electronic voting machines. was not adequate for the 2004 election. surrounded in controversy, not just We must ensure the integrity of our Forty years ago this year, after the controversy over issues and ideas— voting process. Selma-Montgomery march, many of us which is important and healthy in a Many voters felt intimidated at the in the Senate and House worked hard democratic system of government—but polls. When they went to vote, so- to pass the landmark Voting Rights also controversy over the mechanics of called election observers demanded Act of 1965, to guarantee that racism the election and the counting of the that they provide more than the re- and its bitter legacy do not close the votes. quired form of identification. Others polls to any citizen. The 2000 election left citizens across read flyers that directed them to the After the 2000 election, we passed the this country with a belief that not wrong polling places. Help America Vote Act in an effort to every vote was fairly counted. In re- These are real people with real con- correct the serious problems that un- sponse, Congress passed a much-needed cerns, and we need to listen to them. dermined the right to vote in that elec- reform legislation. States worked to Our Constitution requires that we lis- tion. modernize their equipment and proce- ten to them. As elected leaders of these Unfortunately, last November, we dures. We had high hopes that the 2004 people and all of those in our States learned that we still have work to do. election—under much closer scrutiny who have delegated to us the power to As in 2000, the votes of many who want- than the election of 2000—would pro- represent them, we have an obligation ed to vote were not, in fact, counted. vide the public with confidence that to listen. The reasons are many and varied. everyone who registered would be able After voters experienced similar Some voters gave up in the face of end- to vote, and that every vote cast would problems in the last election, we ad- less lines and waits of many hours at be counted accurately. dressed many of those issues. Congress polling places unable to handle the Yet, despite the legislation and the passed, and I supported, the Help large turnout of voters. In other cases, more than $2 billion dedicated to fixing America Vote Act, which required the voting was frustrated by broken or an- the election problems, the election of use of provisional ballots for voters cient voting machinery, by confusion 2004 was marred with reports of irreg- who went to the wrong location so bal- over applicable rules for voting pre- ularities and, as a result, there is a sig- lots would be sealed and counted later cincts, or because States decided that nificant group of our citizenry that se- in the proper precinct, and each State certain votes did not comply with arbi- riously questions the results of the received funding to update their voting trary and inflexible State or local pro- vote, and particularly the vote in Ohio. systems. cedures. We saw all those problems in There are several groups and organi- But in Ohio, the provisional ballot Ohio. It is far from clear the extent to zations that are investigating the re- was rendered virtually worthless in the which these serious problems were the ported irregularities in the Ohio elec- November 2004 election. Ohio’s Sec- result of intended manipulation or tion. That is important work and it retary of State ruled that provisional widespread incompetence, but either should and will continue. When the in- ballots were valid only if they were way, the voting process did not live up vestigations conclude, should there be cast in the proper precinct. to the standards worthy of our democ- solid evidence of criminal activity, So today we talk about the problem, racy. those responsible should be prosecuted, but I think we also need to talk about Today’s debate is an opportunity for no matter how high that responsibility the solution. Voting is fundamental to all of us to admit that the 2004 election may reach. But the Senate should not our democracy. The process should be was flawed and to pledge action in this prejudge the results of those investiga- fair, honest, and easy. new Congress to fix the festering prob- tions. I do not support holding up the re- lems once and for all. I applaud the efforts of the Senator sults of our November election to ad- Citizens must have faith that they from California, Mrs. BOXER, and the dress the concerns many voters have will be able to cast their votes effi- Congressional Black Caucus to defend raised about the process because I be- ciently and with complete confidence the integrity of the electoral process. lieve we need to move on with the busi- that their votes will be fairly and accu- But the question before us today is

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S47 whether we uphold the objection to the have an equal opportunity to exercise and I think the discussion we are hav- certification of Ohio’s electors in the the constitutional right to cast a vote ing today is appropriate and overdue. count of the electoral vote. The Senate in Federal elections. That said, I do not In 2001, I supported the passage of the must vote, based on the information believe there is anything to be gained Equal Protection of Voting Rights Act. available to us at this moment, and ab- by sustaining the objection to the bal- That law was designed to protect vot- sent the clear conclusions of the ongo- lot certification with regard to the ing rights and ensure the integrity of ing investigations into reported irreg- state of Ohio. Senator JOHN KERRY has the electoral system in our nation. I ularities in Ohio, I shall vote to allow already conceded the election and did so because I feel that making cer- the electoral count to proceed. there are no pending investigations tain that each citizen’s vote is counted In this session of Congress, I hope that will result in sufficient votes and promoting public trust and con- that we can take the lessons learned being changed so as to alter the out- fidence in our election process is cru- from November and continue to im- come of this election. cial. prove the integrity of elections and en- However, the last two elections have The job is far from over. We may courage greater faith in the results. revealed a glaring need for us to need to have additional hearings and The legitimacy of our government rethink how we conduct elections in we may need to take additional legisla- rests upon the confidence of the people. our Nation. With more and more voters tive action. There have been troubling We, in Congress, must get serious needing to cast their ballots on Elec- reports from this most recent election. about crafting legislation aimed at re- tion Day, we need to build on the storing confidence in the most funda- movement which already exists to Representative JOHN CONYERS and mental characteristic of a representa- make it easier for Americans to cast the minority staff of the House Judici- tive democracy, the Constitutional their ballots by providing alternatives ary Committee have conducted their right and duty to vote. to voting on just one election day. own hearings and investigations of in- Mr. INOUYE. Mr. President, al- Twenty-six states, including my own stances of voter disenfranchisement, though there were voting irregularities state of Wisconsin, now permit any flawed or corrupted voting machinery, in Ohio, I will not vote in support of registered voter to vote by absentee and inappropriate procedures for the objection. I do respect the result of ballot. Twenty three states permit in- counting and recounting votes in Ohio. the recent Presidential election, but I person early voting at election offices They have produced a compelling re- do not respect the process. Several or at other satellite locations. The port itemizing and analyzing the irreg- thousand voters believe they were dis- state of Oregon now conducts statewide ularities. couraged or even prevented from vot- elections completely by mail. These in- A 2-hour debate on the matter, when ing, and several thousand who did vote novations are critical if we are to con- people across the country waited in 4, 6 believe that their votes were not cor- duct fair elections for it has become and 12-hour lines to vote all over this rectly reported. The inequitable alloca- unreasonable to expect that a nation of country in November, is the least we tion of voting machines, the lack of in- 294 million people can line up at the can do. same time and cast their ballots at the struction for the review of provisional The debate we are having focuses at- same time. And if we continue to try to ballots, and the questionable activities tention on legitimate concerns that do so, we will encounter even more re- surrounding the recount of the elec- have been raised regarding the Ohio ports of broken machines and long tronic ballots call into question the vote and count, and on broader con- lines in the rain and registration errors final results in Ohio. However, I am un- cerns about America’s inconsistent and that create barriers to voting. convinced that it would have made a That is why I have been a long-time sometimes flawed election processes difference in the final outcome of this advocate of moving our federal election which vary so radically from State to Presidential election. day from the first Tuesday after the State that genuine equal protection I had hoped that we would not have first Monday in November to the first concerns arise. the electoral college votes called into weekend in November. Holding our fed- I will certify the election results, be- question again. After the 2000 Presi- eral elections on a weekend will create cause I don’t think we should dential election, we worked together to more opportunities for voters to cast the greater good of the continuity of pass election reform legislation, the their ballots and will help end the grid- Government at this time. We need to Help America Vote Act. That legisla- lock at the polling places which threat- govern. But, what we should be doing is tion set Federal requirements for pro- en to undermine our elections. I look using this debate to get this Congress, visional ballots and for voter informa- forward to introducing legislation to and this country, talking about the tion, registration, and identification. this end in the 109th Congress and I steps that must be taken to ensure Unfortunately, that legislation has not urge my colleagues to join me in this that American elections provide a true yet been fully implemented and does effort. representation of the people’s will. not go far enough. Ms. CANTWELL. Mr. President, we I would like to work with my col- Mr. LEAHY. Mr. President, while I meet in historic session today. The was pleased at the large number of leagues craft legislation to ensure that twelfth amendment to the Constitution all of our citizens are encouraged to Americans who turned out to vote in sets forth the requirements for casting last year’s Presidential election, I am vote and participate in our democratic electoral votes and counting those process. Our citizens must believe their deeply concerned about the many cred- votes in Congress. The electors are re- ible allegations of voting irregularities vote will count. At a time when we are quired to meet, cast and certify their risking lives of our service men and that surfaced in the weeks following ballots and transmit them to the Vice the election. women to spread democracy through- President in his capacity as President out the world, we cannot ignore the I cannot, however, support an objec- of the Senate. tion to the certification of Ohio’s elec- threats to the democratic process here With the exception of objections to toral votes. Although I believe this de- at home. I do not relish the vote I am the electoral votes from the State of bate is worthwhile, I am not persuaded forced to cast today, but I as I do, I Florida in the 2000 election, objections look forward to being able to cast fu- to an entire slate of votes from a State that the alleged fraud was sufficient to ture votes on Federal election reform have been rare. But we have had one change the outcome of either the Elec- to ensure that we are not in this posi- today, which gives us the opportunity toral College or the popular vote. Sen- tion again. to discuss and debate a very important ator KERRY conceded the election more Mr. KOHL. Mr. President, serious al- issue for our country and for the citi- than 2 months ago, and he does not legations have been raised about voting zens of my State—the issue of whether support a challenge. Moreover, the irregularities in Ohio during the 2004 we have ensured that every vote is practical effect of discounting Ohio’s presidential election. I agree with counted. electoral votes would simply be to many of my colleagues that these alle- I will vote to uphold the outcome of allow the election to be decided by the gations must be investigated to the this most recent election. House of Representatives. fullest extent possible because every However, I think we have more work In the months leading up to Election eligible citizen in this nation must to do in the area of election reform, Day, I joined with Senator KENNEDY in

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S48 CONGRESSIONAL RECORD — SENATE January 6, 2005 writing with great frequency to Attor- ensure every vote is counted and re- suing reforms of the election system to ney General Ashcroft about our con- corded accurately. I believe voters enact much needed improvements in cerns about voter suppression and pos- must have faith in the electoral proc- the system. sible partisan activity by the Depart- ess for our democracy to succeed, and I We have to make sure our elections ment of Justice. It is with dismay, look forward to working with my col- are a solid reflection of the voters’ in- then, that I have learned about the se- leagues in the coming year to ensure tent. Given the resources of our great cret counting of votes in Warren Coun- that our Nation’s election system is Nation, there is no reason why we ty, OH, allegedly prompted by an FBI fair and effective. should not be able to achieve this goal. terrorism warning that the FBI denied Mr. JEFFORDS. Mr. President, we Mr. FEINGOLD. Mr. President, I ap- making. I have read also of the nearly are here today in this extraordinary preciate this opportunity to comment 4,000 votes President Bush was mistak- session to discuss a challenge to Ohio’s briefly on voting irregularities that oc- enly awarded in a Franklin County pre- electors. curred during our most recent presi- cinct with only 800 voters. Although It was gratifying to see the high level dential election. While some steps were this mistake was corrected, such a of interest in the election create such a taken after the 2000 election to help malfunction suggests the possibility large voter turnout. However, it was rectify a number of problems with our that other problems with the vote discouraging to hear of the problems voting process that were identified count may have been missed. that affected the election in many across the country, the election in No- Finally, I would point to the shock- parts of the country, including Ohio. vember demonstrates that more needs ing misdistribution of voting machines Representative CONYERS, other House to be done. in Ohio. Voters from minority and Democrats, and individuals across this The outcome of the November elec- urban communities frequently waited country deserve our thanks for the im- tion will not change because of the cur- in line for four to five hours to cast portant work they have done to docu- rent process underway in both the Sen- their votes, while suburban voters ment the issues that arose from the ate and the House, but I certainly un- faced far more manageable waiting 2004 election. derstand the goal of those who have I would also like to thank Senator times. initiated this debate with their written We cannot know the effect this may BOXER and Representative TUBBS objections to certifying the election re- have had on vote totals, but we can and JONES for their diligence in bringing sults. While I understand that the Sen- should work with State and local offi- this issue to the forefront. ator from Massachusetts (Mr. KERRY) All voters deserve to get answers, cials to prevent this from happening in has indicated that his campaign’s legal and corrective actions, to the reported future Presidential and other Federal team was unable to find evidence that irregularities and flaws of the 2004 elec- elections. would change the outcome of the elec- tion. I commend Representative CONYERS tion, enough questions have been As my colleagues may know, the and many of his Democratic colleagues raised to justify a thorough examina- Government Accountability Office, on the House Judiciary Committee for tion by Congress and the administra- GAO, is currently conducting a com- their tireless pursuit of a goal that all tion. Of course, the rules governing prehensive investigation of many of of us—Republicans and Democrats this debate are highly restrictive, and the issues raised in the 2004 election. alike—should desire: a free and fair I am very supportive of this inves- do not afford any meaningful review of election in which every vote counts. tigation, and believe that through a potential voting irregularities, let I look forward to the results of the complete and full investigation by the alone the consideration of possible so- Government Accountability Office’s in- GAO, answers to the questions raised lutions to any problems. That effort vestigation of election irregularities regarding the 2004 election will be ob- will have to be done outside the con- called for by Representative CONYERS. tained. fines of the specific work we have Mrs. LINCOLN. Mr. President, I ac- The information the GAO obtains today, and to that end, I strongly hope cept the decision voters made on No- will allow the Congress to take appro- the Senate Rules Committee will make vember 2 to elect George W. Bush as priate action to address the problems this the very highest priority, and that the President of the United States. I do uncovered. the Senate’s leadership will schedule not come to the floor today to chal- At a minimum, there are two any legislation that comes from such a lenge the outcome of the election. changes to our election system that review for prompt floor action. However, I do have concerns about the should be implemented by the Con- Since the election, I have heard both process. I believe there are some valid gress: requiring a paper trail for elec- Democrats and Republicans pledge to issues raised with the Ohio electoral tronic voting machines and creating a work together to tackle some of our votes regarding the legitimacy of our national standard for provisional bal- most pressing issues. We are 3 days Nation’s voting procedures, and I take lots. into the 109th Congress and it is time these issues very seriously. In this I will work with my colleagues in the to put that promise to the test. I look modern, computerized age and in our Congress to enact these important re- forward to working with all of my col- magnificent, democratic country, there forms. We must work to maintain, and leagues to help ensure that in future is absolutely no excuse for database er- indeed improve, the confidence in and elections every eligible citizen who rors, lack of polling-place education integrity of the election process. wishes to vote is able to do so and all and training, equipment malfunctions, I am under no illusion that the ac- votes are counted. or voter disenfranchisement. tions taken on this challenge will (At the request of Mr. REID, the fol- I supported the Help America Vote change the outcome of the election. lowing statement was ordered to be Act, HAVA, and have consistently sup- Senator KERRY has conceded the elec- printed in the RECORD.) ported adequately funding this law so tion. The events of today will not ∑ Mr. CORZINE. Mr. President, as we that States can achieve its require- change this result, and I fear they will prepare to commemorate the 40th anni- ments and improve voting procedures only further polarize our political land- versary of the Voting Rights Act of to ensure every valid vote is counted. scape. 1965, we are called on to look back and In addition, I helped introduce the Re- The solutions to the irregularities of reflect on whether we have fixed the store Elector Confidence in Our Rep- the election will not be found or en- systemic problems that this historic resentative Democracy, RECORD, Act, acted in this 2-hour process today. legislation sought to address. Have we S. 2313, last year. This act contains a They will come from a complete inves- ensured that all citizens are provided provision to strengthen security meas- tigation, like the on-going GAO one. equal access to the ballot, regardless of ures for electronic voting devices to Because I believe that contesting the race, ethnicity, or language-minority prevent outside tampering and requires slate of Ohio electors is not the way to status? Have we created the proper a paper printout of votes cast at elec- achieve the needed reforms of the elec- safeguards and procedures that make tronic voting machines. tion system, I will vote against this certain that every vote is counted? The right to vote freely and without challenge today. Have we done enough to protect our de- intimidation is the foundation of de- However, I want to put my colleagues mocracy’s most sacred right—the right mocracy and we must do all we can to on notice that I will be vigorously pur- to vote?

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S49 The accounts from our most recent have spoken and that result should be were not counted. That’s just wrong. Presidential election suggest that we certified. That is not suppose to happen in the have not yet met our goal of securing But while I do not question the re- United States. a free and fair election for all Ameri- sult, I rise today to call attention to And where did much of this happen? cans. Driving this point home is yester- what went wrong, to the disenfran- In minority neighborhoods, in cities, in day’s 102-page report published by the chised voters, the broken machines and economically distressed areas, in pri- House Judiciary Committee’s Demo- problems people had casting their bal- marily Democratic areas across the cratic staff. The report goes into great lots on election day. Nation. I ask myself, is this just a co- detail describing the voting irregular- This should not be happening in the incidence? Those communities do not ities that arose in Ohio last November. United States of America. When we think so. And it is critical that we let The allegations include accounts of vote for President, we should all have them know that we take their concerns voter registration barriers, voter in- total confidence that every vote counts seriously. timidation, voting machine shortages and that every vote is counted. What happened in the last election is and failures, and confusion over the There simply should be no questions less important than making sure that counting of provisional ballots. These or problems when we vote for the it never happens again. These commu- accounts raise serious doubts about President of the United States. But, nities need to know that the Congress whether Ohio electors selected on De- here we are, again, talking about vot- is taking action to meet their concerns cember 13, 2004, were chosen in a man- ing problems and talking about lost or and will work to correct the abuses ner that conforms to Ohio law or Fed- uncounted votes. that were documented in many States eral requirements and constitutional Like many Americans, I was shocked in 2004. standards. in 2000 to see how outdated the voting This is not a Republican or a Demo- The most troubling revelation from systems in America were. I was also cratic issue. Ensuring that every reg- the committee staff’s report is the shocked to see how easy it was to ma- istered voter who wants to vote can seeming disproportionate impact these nipulate those voting systems and how vote is not a partisan issue. It is an voting irregularities had on minority easy it was for votes to be lost or go issue of what it means to be an Amer- voters. And so I ask, 40 years later, uncounted. ican. In 2004, everyone should agree have we done enough to make sure the It was literally unbelievable. I asked that every vote should count and we letter and spirit of the Voting Rights myself, how could such things happen have to do whatever is necessary to Act is being enforced? here in the United States? In 2000, we make sure that happens. I ask my colleagues to join me in all learned that many ballots, many I call on the Congress to renew its ef- pushing for congressional hearings on people’s votes, were thrown out, lost, forts to ensure that there is true elec- the alleged voting irregularities wit- misplaced, or miscounted. toral reform that every American who nessed in Ohio and elsewhere this past We saw election officials who did not casts their ballot can be sure it is election season. I also ask them to join know the rules and some who appeared counted and that every American who me in examining whether we need to to ignore the rules. wants to cast their ballot has that op- reform our election laws to ensure that We witnessed innocent mistakes, ma- portunity. This Congress should take we have free and fair elections for all chine mistakes, ballot mistakes and three steps: Americans, regardless of race or eth- mistakes that were not so innocent. We should fully fund the Help Amer- nicity. Only then can we be sure that The result was that many votes sim- ican Vote Act so that all States have we have adequately protected the con- ply did not count. the resources that they need to truly stitutional right of all qualified citi- The Presidential election of 2000 was reform their electoral systems. zens to participate in our democracy’s an eyeopener. Our election systems in We need to pass legislation to ensure most cherished right. this country, the World’s oldest democ- that there is a voter verified paper I am traveling overseas on a humani- racy, were broken and needed to be trail on electronic machines so voters tarian mission to Southeast Asia to fixed. can verify that they cast their ballot visit the areas most affected by the re- Republicans and Democrats agreed and who they cast it for. cent tsunami and regret that I will not this had to be done. It was important. We need to re-examine the issue of be available to participate in this It was vital. electoral reform to see what steps the afternoon’s debate. I nonetheless com- And we did something. We passed the Congress needs to take to ensure that mend my colleagues who are raising Help America Vote Act. We set stand- the voting rights of all Americans are these important issues, and applaud ards. We authorized money for the protected. So that we have uniform their efforts to give a voice to those states to help them get new machines, standards. So that provisional ballots who were disenfranchised last Novem- new technology and fix their electoral work, people do not have to wait in ber.∑ systems. We provided for provisional long lines, machines are operative and Ms. MIKULSKI. Mr. President, today ballot systems so that if there was a voters can get to the polls on election I rise to discuss an issue that Congress question about a voters registration day. tried to address after the 2000 election they could still cast a ballot. And, we must do it now, before this nightmare. Frankly, I am stunned to We thought that our voting systems issue fades from view again. The media be standing before you 4 years later to were well on their way to being fixed. will move on to other issues. We will take up the same issues of voting irreg- We thought that we would never have move on to other issues. There are ularities and uncounted votes. And I another election like 2000. We thought many important issues that this Con- thank my colleague from California for that all votes were going to count and gress will address this year, but as we bringing this important issue before all votes were going to be counted. look forward, and this year celebrate the Senate for debate. Her opposition We were wrong. the 40th Anniversary of the Voting serves as a call upon the Congress to We now see, in 2004, 4 years after the Rights Act, we must make this a pri- take action this year to address the on- 2000 election debacle, we have people ority issue. We must act to protect going problems in our electoral system. standing in lines for hours because those vital rights and protect our de- Today, I will vote to certify the re- polling places could not handle the mocracy. There is no better way to sult, but once again we see that the turnout, people being given the wrong honor this historic Act than to ensure election system in the United States information, machines breaking down, that we fix the problems in our elec- does not work to provide absolute con- too few machines in some precincts, toral system that continue disenfran- fidence in the results. Today, I am vot- ballots being lost or misplaced, and chise voters. ing to certify the results because I do voters being told to go to the wrong I thank my colleague, Senator not believe that the voting problems place to vote. That is simply not right. BOXER, from California for giving us changed the outcome of the election. It is not clear if these problems by the opportunity to debate these impor- Certification should not be delayed fur- accident or intended, but the result tant points and focusing the spotlight ther under such circumstances. I be- was that again people were not able to on the voting problems still facing our lieve the majority of voters in Ohio cast their votes or their votes simply democracy. And while I vote today to

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S50 CONGRESSIONAL RECORD — SENATE January 6, 2005 certify the election, I do not certify election and I am not joining their pro- machines enable voters to verify their how our electoral system works in the test of the Ohio electors. vote. United States and on that front we Despite widespread reports of irreg- No American citizen should wake up must now act. ularities, questionable practices by the morning after the election and I look forward to working on this some election officials and instances of worry their vote wasn’t counted. No with other members of the Senate. But, lawful voters being denied the right to citizen should be denied at the polls if we must not be here in 2006 or 2008 vote, our legal teams on the ground they are eligible to vote. As the great- talking about how shocked we are to have found no evidence that would est, wealthiest nation on Earth, our see yet again votes not counted, ballots change the outcome of the election. citizens should not have to be forced to missing, lost and misplaced, and con- It is critical that we investigate and vote on old unaccountable voting ma- fused election officials. We must act understand any and every voting irreg- chines. And, as the greatest, wealthiest this year, while the spotlight is still ularity anywhere in our country, not Nation on Earth, our citizens should on, to do more to ensure that all voters because it would change the outcome never be forced to vote on old, unac- will have confidence in our electoral of the election but because Americans countable and nontransparent voting system. have to believe that their votes are machines from companies controlled Mr. LEVIN. I will vote against ob- counted in our democracy. by partisan activists. jecting to counting Ohio’s electoral We must take action this Congress to Together we can put the critical votes. Of course I am concerned by re- make sure that the problems voters en- issue of electoral reform on the front ports of irregularities across the coun- countered in Ohio and elsewhere never burner in Washington and across the ∑ try during the 2004 presidential elec- happen again. We must make sure country. Mr. WYDEN. Mr. President, I believe tion. The 109th Congress should address there are no questions or doubts in fu- it is extraordinarily important for both these problems this year as part of ture elections. It is critical to our de- sides to be gracious when an American election reform legislation. But voting mocracy that we investigate and act to election is over. But I also believe it is to throw out the electoral votes of a prevent voting irregularities and voter extraordinarily important not to ig- State in the absence of clear evidence intimidation across the country. nore urgently needed election reform, I strongly support the efforts of the that voting fraud in that State such as requiring a paper trail for civil rights and voting rights groups changed the outcome would set a dan- every single ballot that is cast in our across the country that continue to in- gerous precedent for future elections in country. Such a paper trial is required vestigate what happened in 2004 and which the majority party of Congress in my home State. In this last election, how we can ensure it will never happen could overturn the outcome of a presi- record numbers of Oregonians voted. again. A Presidential election is a na- dential election. There were no allegations of fraud. The (At the request of Mr. REID, the fol- tional Federal election but we have dif- system worked, and it worked well. Un- lowing statement was ordered to be ferent standards in different States for fortunately, that is not the case in too printed in the RECORD.) casting and counting votes. We must ∑ many communities in our country. Mr. KERRY. Mr. President, free and have a national Federal standard to When the Senate last debated the fair elections are the foundation of our solve the problems that occurred in the issue of election reform, this body democracy. Thanks to the efforts of 2004 election. spent weeks debating whether one dog tens of thousands of citizens, millions I am calling on my Republican col- in the Midwest was an illegal voter. I more Americans registered and went to leagues to put election reform on the worked with colleagues on a bipartisan the pools this year. But despite this congressional agenda this year. The basis. We made sure that dog, Mitzi, dramatic expansion in public participa- Republican leadership in the House and would not be allowed to vote again. tion, many voters faced barriers to Senate must commit to make pro- Now, in the name of justice, when hun- casting their ballot. Disenfranchise- tecting voting rights a priority and dreds of thousands of Americans feel ment and barriers to voting are fun- commit to adding election reform leg- they have been disenfranchised, I don’t damentally undemocratic and should islation to the legislative calendar this think their concerns ought to be swept be unacceptable in the freest nation in year. One goal must be to eliminate under the rug. the world. barriers to voting, to encourage the Credible journalists have now docu- On November 3, I conceded the Presi- greatest level of civic participation mented voting irregularities across the dential election to George Bush and possible, and to restore confidence in country, and that ought to trouble also expressed my commitment to en- the notion that every eligible voter every Member of the body. Incredible suring that every vote in this election will have the opportunity to vote and reports come from the States of North is counted. The questions being raised to have their vote counted. Carolina, Indiana, Washington, Flor- by my colleagues in Congress about the I have spoken with Democratic Sen- ida, and Ohio. In my view, while not vote in Ohio are important. As evi- ate Leader HARRY REID and my col- proving to be of a volume that would denced by the media and Congressman leagues in the House and Senate about have changed the outcome of the Presi- JOHN CONYERS’ report of the vote in my intention to introduce legislation dential election, when you take these Ohio, there were many voting irreg- this year to ensure transparency and findings together, they raise very sig- ularities in the November election that accountability in our voting system nificant and troubling matters that led to the disenfranchisement of vot- and the need for the Democratic Cau- this body should be tackling on a bi- ers. These included long lines at pre- cus to make voting rights and electoral partisan basis. I do believe there is dominantly minority polling places re- reform one of our top priority pieces of critical work ahead of this body with sulting from the failure to provide suf- legislation. Election reform will be one respect to election reform. So I did ficient number of voting machines; of my top agenda items. write in November to Representative voter intimidation and misinforma- I will be meeting in coming weeks CONYERS to ask that he examine these tion; the restriction of provisional bal- with key leaders on both sides of the voting irregularities. The problems lots in a fashion that likely disenfran- aisle and from civil rights and voting with provisional ballots in the State of chised voters; and instances in which rights groups across the Nation. I plan Ohio particularly concerned me be- malfunctioning voting machines trans- to use the information gathered by cause I was one of the principal au- ferred Kerry votes to Bush. Representative CONYERS in his report, thors of the section of the Help Amer- I strongly believe that we need to in- and information from other investiga- ica Vote Act that involved provisional vestigate this election and reform our tions underway, to guide my legisla- ballots. The decision of the Ohio Sec- system. However, while I am deeply tion. retary of State to restrict the ability concerned about the issues the ques- We must invest resources in our of voters to use provisional ballots, I tions and issues being raised by this country to help State and local com- thought, was troubling. His decisions objection and think they are very im- munities purchase modern voting ma- raised serious questions with respect to portant, I do not believe that there is chines and do research and develop- whether they were consistent with sufficient evidence to support the ob- ment on safe and secure forms of vot- what the Senate had in mind as we jection and change the outcome of the ing. We must ensure that our voting wrote that provision.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S51 I was also concerned about the re- with Congressman CONYERS’ investiga- racy and about its integrity, and they ports from Ohio, where in one county tion are deeply troubling. His actions are not confined to the State of Ohio. only 800 citizens were registered to are troubling, particularly because he They are ones that have arisen vote and more than 4,500 votes were didn’t just serve as the chief election throughout our country and certainly counted. This just defies common official of his State; he also cochaired because of the election of 2000 have sense, and it is one of the reasons why the Bush-Cheney campaign in Ohio. been given high relief in the last 4 I have come to the floor to make the Allowing a State official to oversee a years. Then questions were raised addi- case for a continued focus on the issue Federal election and simultaneously tionally with respect to this election of election reform. serve as a partisan campaign official which deepened the concern of many The problems of election abuse are for a candidate in that election is a people about whether we can assure the not ones that can be given short shrift blatant conflict of interest and we have continuity of our democratic process if we are to keep faith with our citizens to put a stop to it. That is why later by ensuring the consent of the gov- and ensure that their fundamental be- this month I am going to introduce the erned and the acceptance of the results lief that our democratic system is Federal Election Integrity Act, a bill of elections. sound is maintained. Otherwise, we to prohibit State election officials Several weeks ago, we stood in great will see a growing lack of confidence in from overseeing Federal elections in admiration as a nation behind the peo- the conduct of our elections, and that which they play a partisan role on be- ple of Ukraine as they took to the lack of confidence will come to over- half of one of the candidates. streets to demand they be given the shadow some of our elections alto- Secretary Blackwell is now running right to an election where every vote gether. We will see many more Mem- for Governor. He recently sent a fund- was counted. bers of this body come to the floor de- raising letter to potential Republican In a few weeks, we are going to see manding to know what has happened. donors. I think his letter underscores an election in Iraq. We know there are I end my statement with the plea the need for my bill. The first page of people literally dying in Iraq for the that, on a bipartisan basis, this body his letter tells the story. In part, it right to cast a free vote. I am very return to the issue of election reform, says: proud of our country, that we have correct the abuses that have been I have no doubt that the strong campaign stood with Ukrainians, Iraqis, and oth- credibly documented over the last few we helped the President run in Ohio . . . can ers around the world, but increasingly, weeks, and that we do it in a bipartisan easily be credited with turning out record I worry that if this body, this Congress fashion. numbers of conservatives and evangelicals does not stand up on a bipartisan basis I yield the floor. on election day. for the right to vote here at home, our The PRESIDENT pro tempore. The It is not surprising that many people moral authority will be weakened. Senator from New Jersey is recognized. have no doubt that Secretary I take that very seriously because Mr. LAUTENBERG. Mr. President, I Blackwell also ran a strong campaign freedom is our most precious value, rise to support the contention of the against other voters, namely minori- and we have for 225-plus years worked junior Senator from California that we ties and Democrats. to form a more perfect Union. At first, have to take a very hard look at this. Americans need to believe their elec- not everybody was permitted to vote in We are trying to demonstrate the vir- tion officials are beyond reproach. Al- our own country, but through constitu- tues of democracy to Iraqis and lowing such officials to serve simulta- tional changes, a civil war, and a civil Ukrainians and other people around neously in a partisan campaign capac- rights movement, we expanded the the world who are struggling to be free. ity seriously undermines that con- franchise. This year we will celebrate People must have confidence that our fidence. That is why, regardless of the anniversary of the Voting Rights election results are unassailable. what happens today, I will introduce Act, and it will be an opportunity for Unfortunately, questions have been the Federal Election Integrity Act. It us to take a look at this landmark leg- raised in the Presidential election of is a step we can and should take to re- islation and determine how we are 2000 and in the Presidential election of store confidence that our elections are going to move it into the 21st century 2004. At this point, I want to be clear: fair and the results are accurate. so it really stands for what it was in- I am not challenging President Bush’s I don’t believe the objection the jun- tended to do when it was first passed. victory in the State of Ohio. Neither ior Senator from California has raised I would be standing here saying this has Senator KERRY. But there have will be sustained this afternoon, but no matter what the outcome of the been reports of systematic voter dis- that doesn’t mean we should not dis- election because I still think the best enfranchisement and other problems in cuss the problems that precipitated the rule in politics is the golden rule: Do Ohio, such that we would be derelict in objection and do something about them unto others as you would have them do our duty if we failed to investigate it. in the future to assure that when the unto you. I worry, whether it is a Yesterday, Congressman JOHN CON- votes are counted, we know everybody Democratic or Republican administra- YERS, ranking Democrat on the House has had a fair chance to cast their bal- tion or a local county, State, or Fed- Judiciary Committee, issued a report lots and that there hasn’t been any tin- eral election, that we are on a slippery of problems that occurred in Ohio. kering with them. slope as a nation. Some of the problems he reported in- I yield the floor. My colleague, Senator BOXER, and I, clude problems with voting machines The PRESIDENT pro tempore. Who along with former Senator BOB GRA- in predominantly minority, Demo- seeks recognition? HAM of Florida, introduced legislation cratic-leaning wards, which caused peo- The Senator from New York is recog- last year to try to assure a verifiable ple to wait 10 hours or more in the nized. paper audit. We did not get anywhere rain. One precinct was forced to close Mrs. CLINTON. Mr. President, this is with that. We did not get a hearing be- at 9:25 in the morning because its vot- obviously a difficult debate for many fore the Rules Committee, and I hope ing machines were not working. The reasons. I commend the Senator from the distinguished chair of the Rules Ohio Republican Party suppressed the California for joining with members of Committee will hold such a hearing turnout of minority, Democratic-lean- the House, most particularly Congress- this year because if we can buy a lot- ing voters by engaging in preelection woman STEPHANIE TUBBS JONES, in tery ticket or go to a bank and make caging tactics, tactics which were de- raising the objection, because it does an ATM deposit, then we know we can clared illegal by a Federal court. permit us to air some of these issues— use an electronic transfer mechanism Ohio Secretary of State Ken something I believe is necessary for the that gives us a record. That is just one Blackwell, a Republican, deviated from smooth functioning of our democracy of the many issues we can deal with election law by severely restricting and the integrity of the most precious technologically. voters’ access to provisional ballots. He right of any citizen, namely, the right Last spring, , the largest democ- went so far as to reject voter registra- to vote. racy—we are the oldest democracy, so tion applications based on paperweight As we look at our election system, I in that way we are real partners in this and texture. Those actions and his think it is fair to say there are many great enterprise of democracy—had an complete unwillingness to cooperate legitimate questions about its accu- election. Mr. President, 550 million or

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S52 CONGRESSIONAL RECORD — SENATE January 6, 2005 so people voted, from the dot-com bil- of Democratic voter registration forms. Mr. REID. I will end by saying we lionaire to the poor illiterate peasant. This is clear. It happened. There was a look forward to enacting commonsense They all voted. They voted on elec- company hired by the Republican Na- measures such as the Voting Integrity tronic voting machines. They voted in tional Committee to register only Re- and Verification Act which Senator a way that guaranteed the safety, secu- publicans. We had people come forward ENSIGN and I will introduce in a few rity, and accuracy of their vote. They and say they destroyed Democratic days to continue to improve the integ- had uniform standards. They had a registration forms. That investigation rity of our elections. nonpartisan board that oversaw that is still underway. I do not view the need to consider election, and the result was shocking. In some of my earliest elections in these additional reforms as a sign that They threw out the existing govern- Nevada, private individuals dressed in our electoral system has failed. That ment. Nobody had predicted that. Yet uniforms meant to resemble police offi- we learn, investigate, and reform dem- they did it with integrity. cers stood around polling places in mi- onstrates its strength. The only failure Surely, we should be setting the nority voting spots to frighten people following the 2004 election would be to standards. I hope in this body, and from coming to vote, and it worked. not acknowledge and act to strengthen thanks to the objection of my friend These officers were posted, as I indi- the right to vote. from California, this debate which cated, at the polls to intimidate these I hope my colleagues on the other started today will continue. minority voters. side of the aisle will join with me in Thank you, Mr. President. In this past election in Ohio, we that effort. The PRESIDENT pro tempore. The heard a lot about what appeared to be The PRESIDENT pro tempore. The distinguished Democratic leader. wrong there, and I hope there will be Senator from Iowa. Mr. HARKIN. The Senator from Cali- Mr. REID. Mr. President, I spoke on more done to determine what went on fornia is performing an important serv- a procedural matter earlier. I ask in Ohio. unanimous consent that not be deemed Legal challenges to restrict provi- ice for American democracy today, to be my speech in regard to this mat- sional voting, a provision of HAVA, along with her partner in this effort on the House of Representatives side, the ter. which is the Help America Vote Act Congresswoman from Ohio. Their chal- The PRESIDENT pro tempore. With- which I talked about earlier, meant to lenge allows a needed debate in the out objection, it is so ordered. cure the widespread disenfranchise- Senate, as well as in the House of Rep- Mr. REID. Mr. President, today great ment of minorities in Florida and resentatives. This debate is short men and women of our Armed Forces around the rest of the country. today. We are limited to 5 minutes. I are working to bring the right of free These problems damage our system, hope this debate will continue in the and fair elections to Iraq. In less than deny our citizens equal protection, and future, at least this year, to try to a month, there will be elections in undermine the right to vote. Rooting reach some better conclusions as to Iraq. The sacrifice of our military de- out this corruption requires not only mands that we work to ensure our own how we operate voting in America. strong laws but I believe strong hearts. I want to be clear that I do not ques- elections are fair. That is why today’s It relies upon the integrity of our elec- tion the legitimacy or outcome of our debate is here, and I applaud my friend tion officials in every State and each 2004 Presidential election. Nor will I from California for allowing us to talk one of us to speak up when abuses vote to overturn the result of the vote a little bit about elections generally. occur. in Ohio. The irregularities and the dis- A constitutional right that can be It is my hope the debate today will enfranchisement that took place in said to help secure all other rights is once again lead to action to cure some that State and elsewhere, which are the right to vote. History has shown us of the more glaring defects of the 2004 real and deeply worrisome, do not ap- that the right to vote demands con- election. One of the most significant pear to me to have determined the out- stant vigilance and attention. While se- problems in Ohio and in many other come, either nationally or in Ohio. cured by our Constitution, widespread States was the lack of measures to en- But the right to vote and the need for disenfranchisement of African Ameri- sure the integrity of electronic voting citizens to have confidence that their cans and other Americans led to the machines. While we have made im- votes will be counted correctly are landmark Voting Rights Act of 1965 provements that are historic with basic to our democracy. That is why I and the amendments in 1970, 1975, and HAVA, one important omission is in believe there can be no more appro- 1982. this area; that is, electronic voting, priate time to talk about problems in Constitutional protection was not how to ensure the integrity of it. our electoral system than today, the enough. We needed tough new laws and In the last election, of all 50 States, day on which we officially confirm and took action. More recently, the abuses Nevada was the only State where we proclaim the results of our recent elec- in Florida 4 years ago demonstrated had total electronic voting with a tion. So I thank Senator BOXER, as well the need for change and led to reform— paper trail. When you voted in Nevada, as Representative TUBBS JONES, who is and it was reform—in the Help America you did your electronic voting and you a former judge in the State of Ohio, for Vote Act of 2002. could look right there to see for whom this responsible action. I spread on the RECORD today the you voted. No mistakes. You did not I say to my friend Mr. DEWINE from good work of Senator MCCONNELL, Sen- take it with you, of course, but it was Ohio, whom I listened to briefly a little ator DODD, and Senator BOND. There in the machine, and if there was a re- bit ago, this is not about whether were others, but those are the three count, it could be determined easily. George Bush won the election. It is who stand out in my mind. This is the way it should happen all about taking a hard look at the voting While the literacy tests and poll over America, an electronic machine structure in America, asking how we taxes of the past are gone, a more in- with a paper trail. can make it better. How can we make sidious form of disenfranchisement Last year, my colleague, the distin- it better and more equitable for peo- continues to taint our electoral sys- guished junior Senator from Nevada, ple? tem. Mr. ENSIGN, and I introduced a measure Now we tried, through the Help In this past election, in the State of to require paper trails for electronic America Vote, to fix some of the prob- Nevada, phone calls were made to heav- voting machines every place. We will lems, but there is evidence we did not ily African-American parts of Las introduce our bipartisan Voting Integ- do enough. We know that massive lines Vegas to try to trick those voters into rity and Verification Act in this Con- at the polls in Ohio likely led to thou- not voting. The same happened in the gress. sands of voters giving up on voting. Hispanic areas of our State, especially I hope that as we consider the 2004 People had to wait 4, 5, 10 hours in line. in Clark County. These calls, which we election today—I ask unanimous con- Standing in line for 10 hours in Amer- were unable to trace, told voters elec- sent for one additional minute, Mr. ica is like throwing acid in the face of tion day was November 3, not Novem- President. democracy. It mars it. It scars it per- ber 2. The PRESIDENT pro tempore. The manently. Our registration process in Nevada is statute allows no more than 5 minutes Now, why the long lines? They did also tainted by the proven destruction to any Senator, I regret. not have an adequate number of voting

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S53 machines. Where were the lines? Many During the election, I had the occa- have stood in long lines for hours, in of them were in urban areas and minor- sion of meeting a woman who had sup- which too many voters have cast votes ity communities because there was an ported me in my campaign. She de- on machines that jam or malfunction inequitable distribution of machines cided to come to shake my hand and or suck the votes without a trace, in between urban and suburban areas. take a photograph. She is a wonderful which too many voters try to register According to , in woman. She was not asking for any- to vote only to discover that their Columbus, OH, there was an average of thing. I was very grateful that she took names don’t appear on the roles or that 4.6 machines per voter in Bush’s time to come by. It was an partisan political interests and those strongest precincts while there were unexceptional moment except for the that serve them have worked hard to only 3.9 machines in the so-called fact that she was born in 1894. Her throw up every barrier to recognize Kerry precincts. name is Marguerite Lewis, an African- them as lawful, in which too many vot- What we saw in Ohio was a concerted American woman who had been born in ers will know that there are different effort by an official, the Secretary of Louisiana, born in the shadow of slav- elections for different parts of the State, to try to minimize the ability of ery, born at a time when lynchings country and that these differences turn Ohioans to cast their vote. The Sec- were commonplace, born at a time shamefully on differences of wealth or retary of State was also the Chairman when and women of race, in which too many voters have of the Ohio Bush re-election campaign. could not vote. Yet, over the course of to contend with State officials, serv- For example, in the weeks leading up decades she had participated in broad- ants of the public, who put partisan or to the election, the Secretary of State ening our democracy and ensuring personal political interests ahead of of Ohio tried to argue that thousands that, in fact, at some point, if not her- the public in administering our elec- should be denied the right to vote be- self, then her children, her grand- tions—in such circumstances, we have cause the forms they used to register children, and her great-grandchildren an obligation to fix the problem. were printed on the wrong weight of would be in a position in which they I have to add this is not a problem paper. could, too, call themselves citizens of unique to this election, and it is not a The Secretary of State also argued the United States and make certain partisan problem. Keep in mind, I come that absentee voters who had not re- that this Government works not just from Cook County, from Chicago, in ceived their ballots should not be al- on behalf of the mighty and the power- which there is a long record of these lowed to vote, another concerted effort ful but also on behalf of people like kinds of problems taking place and to suppress votes. her. disadvantaging Republicans as well as We also have reports of electronic So the fact that she voted and her Democrats. So I ask that all of us rise voting machines not voting properly. A vote was counted in this election was up and use this occasion to amend this system where software is kept secret of supreme importance to her and it is problem. has been allowed to be the norm. This the memory of talking to her and shak- The ACTING PRESIDENT pro tem- is an inappropriate practice that could ing her hand that causes me to rise on pore. The time of the Senator has ex- result in serious fraud. Clearly, we this occasion. pired. The Senator from Connecticut is need a Federal statute requiring inde- I am absolutely convinced that the recognized. pendent review of the software used in President of the United States, George Mr. DODD. Mr. President, I commend electronic voting machines, as well as Bush, won this election. I also believe and thank our colleague from Cali- providing both sides access to the soft- he got more votes in Ohio. As has al- fornia who, as a result of her objection, ready been said by some of the speak- ware in these machines. has allowed us to have a couple of What we saw in Ohio, what we likely ers in this body, this is not an issue in hours here to debate and discuss the would see in many States if they came which we are challenging the outcome events that occurred on election day under this type of scrutiny, is con- of the election. It is important for us this year. I thank her for doing that. to separate the issue of the election tinuing problems with the whole elec- Whatever occurred during the day, I outcome with the election process. tion process that need to be fixed. We think it is important that this body I was not in this body 4 years ago, take a moment now and review what need to make changes in Federal law to but what I observed as a voter and as a make it clear that election officials are citizen of Illinois 4 years ago was trou- has occurred since election 2000 and to work to maximize the right of peo- bling evidence of the fact that not this election as well. I recognize we are ple to vote rather than finding tech- every vote was being counted. It is un- still operating under a very imperfect nicalities to disenfranchise them. fortunate that 4 years later we con- system when it comes to the Federal It is curious to note that in the Con- tinue to see circumstances in which elections in this country. I thank the stitution of the United States, there is people who believe they have the right distinguished minority leader, Senator not a provision guaranteeing the right to vote, who show up at the polls, still REID, for commending this body for its to vote. There are a number of amend- continue to confront the sort of prob- support of the Help America Vote Act ments, the 14th, the 15th, 19th, 24th, lems that have been documented as that we adopted almost unanimously 26th, that expand the concept, say peo- taking place not just in Ohio but places in this body a couple of years ago, ple cannot be denied the right to vote all across the country. through the work of Senators MCCON- on the basis of poll taxes, race, color, I strongly urge that this Chamber, as NELL and BOND and others. gender, and age. well as the House of Representatives, It was certainly not a perfect piece of Perhaps what we need is a constitu- take it upon itself once and for all to legislation, but it was the first time in tional amendment guaranteeing the reform this system. the history of this country, outside of right of every citizen of the United There is no reason, at a time when the Voting Rights Act, that this body, States a secret ballot and to have that we have enormous battles taking place the Congress of the United States, ballot counted. I think it would come ideologically all across the globe, at a spoke comprehensively about the con- as a shock to most Americans to know time when we try to make certain we duct of Federal elections. that it is not in the Constitution of the encourage democracy in Iraq and Af- I point out to my colleagues that United States that we have that right ghanistan and other places throughout while certainly things need to be done to vote. the world, that we have the legitimacy to improve even that effort, there were This debate is needed to fix a system of our elections challenged—rightly or 119,000 provisional ballots cast in the that is broken. wrongly—by people who are not certain State of Ohio that never would have The PRESIDENT pro tempore. Is as to whether our processes are fair been counted had we not adopted provi- there any Senator who has not spoken and just. sional ballot requirements. who wishes to speak on this matter? This is something we can fix. We There are certainly legitimate ques- The Senator from Illinois. have experts on both sides of the aisle tions about what does and doesn’t con- Mr. OBAMA. Mr. President, I did not who know how to fix it. What we have stitute a ballot. I am drafting for my anticipate speaking today, but the im- lacked is the political will. colleagues’ approval a comprehensive portance of this issue is enough for me I strongly urge that, in a cir- piece of legislation that deals with the to address this body. cumstance in which too many voters shortcomings in the HAVA bill itself.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S54 CONGRESSIONAL RECORD — SENATE January 6, 2005 The fact is we are going to have access Sadly, the concerns we are hearing 77 percent were counted. That rep- to statewide voter registration. The expressed today are all too familiar to resents over 119,000 American voters fact is we are making it possible for 20 those we heard exactly 4 years ago fol- who otherwise might not have been million disabled Americans to cast a lowing the debacle of the 2000 presi- able to cast a vote or have their vote ballot independently and privately. dential election. counted, but for HAVA. I know personally what this is like, Following the 2000 presidential elec- Some States, including Ohio, at- having watched a sibling of mine hav- tion, Congress responded to the prob- tempted to restrict the right to a pro- ing to cast a ballot with the help of lems which arose in Florida and other visional ballot, but were ultimately un- someone else, despite two master’s de- states by enacting bipartisan legisla- successful. The Federal Court of Ap- grees and being a teacher for 40 years. tion, the Help America Vote Act, which peals for the 6th Circuit of the United We also put into HAVA the require- I was pleased to coauthor. The goal of States affirmed the absolute right to ment that every voter have the right that bill was to ensure that every eligi- receive a provisional ballot, without to see his or her ballot before actually ble American would have an equal op- any additional requirements, in the de- casting their ballot. HAVA required portunity to cast a vote and have that cision of Sandusky vs. Blackwell de- that all voters who are challenged, for vote counted, regardless of race, gen- cided on October 26, just one week any reason, have the right to cast a der, disability, language or party or prior to the election. provisional ballot. The Federal Court precinct; and, that it would be easier to More importantly, that decision of Appeals for the Sixth Circuit of the vote, but harder to defraud the system. upheld the right of an individual voter United States affirmed the absolute The Help America Vote Act—or to seek judicial redress of the rights right to receive a provisional ballot, HAVA—had the support of countless conferred by HAVA and upheld HAVA without any additional requirements. civil rights, disability, language minor- as a civil rights law enforceable as such We have made great progress here. ity and voting rights groups, and orga- in the courts. More needs to be done, clearly, if we nizations representing state and local As with any comprehensive civil are going to make a Federal election governments. HAVA has been hailed as rights legislation, HAVA’s reach and system exist where every vote will be the first civil rights law of the 21st cen- effectiveness will have to be hammered counted and every eligible person will tury and I am committed to ensuring out by the courts. As that process have an equal opportunity to vote. that it is fully implemented as such. plays out, coupled with the States’ im- I appreciate the opportunity here to While the results of the 2004 presi- plementation of the remaining HAVA talk about this. My hope would be that dential election may not have been reforms, we will be in a better position we would build bipartisan support, just contested in the same manner as those to assess whether this landmark legis- as we did 2 years ago in adopting the of the 2000 election, the jury is still out lation hit the mark or needs further re- Help America Vote Act, in both bodies, on whether HAVA successfully ad- form. and get the kind of bipartisan support dressed all the problems that arose in But it is already clear, based on the necessary so the conduct of elections, the 2000 election. While I believe there November election, that it will take Federal elections, will have a system is still much work to do to ensure the further reform to ensure that all eligi- that has the confidence of the voters of franchise for all Americans, I am con- ble Americans have an equal oppor- this country. fident that without HAVA, thousands tunity to cast a vote and have that I think it was Thomas Paine who, of eligible American voters would not vote counted. We already know that more than 200 years ago, said the right have been able to cast a vote, nor have States are implementing the provi- to vote is the right upon which all sional ballot requirements in signifi- other rights depend. If you don’t get their vote counted, in the November cantly differing manners. It is simply this right, every other right is in jeop- 2004 presidential election. It is important to remember that unacceptable that a Federally-guaran- ardy, and that is the business we need HAVA is not yet fully implemented. In teed provisional ballot, cast for Presi- to be about. Obviously events in Ohio and else- some respects, the most important re- dent of the United States, may not be where raise legitimate and serious con- forms have yet to be implemented by counted simply because of the local cerns. In this country we are still oper- the States. precinct that the otherwise eligible ating Federal elections on the basis of These reforms include: voter was standing in at the time he or a voluntary work, pretty much, of mandatory uniform and nondiscriminatory she voted. requirements that all voting systems provide We know from the November elec- local people. It worked pretty well for second-chance voting for voters; many years. It doesn’t work any tions that election officials did not full accessibility for the disabled and lan- provide sufficient numbers of machines longer. It has to be changed. We have guage minorities; to do a better job. It is important that a permanent paper record for manual au- to ensure that all voters could vote in this body, the Congress of the United dits; a timely manner. We also know that States, say to the American public we uniform standards for what constitutes a many voters, such as those in Ohio, are going to do everything we can to vote and how such a vote will be counted for were still forced to vote on antiquated each type of voting system used by a State; see to it that you have an equal oppor- equipment such as the punch card and which disenfranchises minority voters tunity to vote and that your vote will a computerized statewide voter registra- be counted, and we are going to have tion list which must contain the name and at greater rates than other voters, or the people, the technology, and the re- registration information for every eligible use ballots that are confusing. And we sources in place to make that happen. voter in a State and be electronically avail- know that some states still insist on We have made great strides. More able to every State and local election official purging voters based on inaccurate needs to be done. The Senator from at the polling place on election day. lists and refuse to reinstate the voting California has given us an opportunity Had these additional reforms been in rights of felons, even after they have today to highlight the importance of place on election day this November, completed their debt to society. this. I regret that the Senate finds many of the Election Day problems It is time to consider whether, for itself in this situation today where we that arose across the country could Federal elections, there is a national find that the American public still have been avoided or resolved at the responsibility to ensure that no matter lacks confidence in the legitimacy of polling place. where and how a ballot is cast for the the process and the results of our presi- But one of the HAVA reforms that office of the President of the United dential elections. was in place this November did make a States, all Americans will have con- But as painful as this debate today difference: the requirement that all fidence that their vote was cast and may be, this discourse is necessary to States provide a provisional ballot to counted in a uniform and nondiscrim- ensuring the American public that we, voters who are challenged at the polls, inatory way. here in Congress, hear their concerns for any reason. This requirement en- I will be introducing comprehensive and frustrations, and will continue to sured the franchise for thousands of election reform legislation when we re- fight to see that their most basic of all Americans on November 2 last year. convene which will build on HAVA and democratic rights—the right to vote— In Ohio alone, 155,000 voters cast pro- address these and other issues. My pro- is secure. visional ballots, of which an estimated posal will:

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S55 require states to provide enough machines, with a recount in Ohio, President Bush [John] Kerry understands that Bush legiti- and ensure they are geographically distrib- won my State by over 118,000 votes. As mately won the election, which was why he uted; a Republican from Cleveland who has conceded on November 3rd. Those who claim ensure that the provisions of HAVA that been reelected as a Republican from that Ohio’s vote was rigged have produced require that voters have a chance to verify nothing that approaches credible evidence. their ballot before it is cast and that an Cleveland, elected to Federal, State, county, and municipal offices, I am liv- An editorial that appeared on Tues- audit trail exists to establish that such bal- day, January 4, just this week, in my lot was counted are implemented; ing proof Ohioans know how to count require states to offer extended voting ballots and, more importantly, we hometown newspaper, the Cleveland times to ensure that single parents, the dis- count fairly. Plain Dealer, said: abled, and those who simply cannot get to (Disturbance in the Visitors Gallery.) The 176 Democrats who sit on Ohio’s coun- the polls on the one day can still cast their The PRESIDENT pro tempore. There ty election boards pondered their jurisdic- vote; will be order in the galleries, please. tions’ results, accepted their subordinates’ ensure that only eligible voters can vote, good work, and are turning their energies to- but that no voter who is eligible will be The Sergeant at Arms will remove peo- ward the future. ple from the gallery if there is no order barred from the polls simply because he or Across the country, people are mov- in the gallery. she did not check a box on a form; and ing forward after nearly 2 years of a require the reinstatement of felons for the Mr. VOINOVICH. It is clear that continuous political campaign for the purpose of casting a Federal ballot. those who persist in beating a dead horse are attempting to create uncer- Presidency. And my legislation will provide the This country deserves to be able to tainty where none exists. That is why I Federal funds necessary to ensure that put this undisputed election to rest. We am so disappointed that this body is the states can timely implement the need to stop wasting time and move on squandering its time playing Monday- reforms. to the serious issues facing our Nation. The Help America Vote Act is an his- morning quarterback when the result I yield the floor. toric landmark legislation that com- of Ohio’s Presidential election is clear. The PRESIDENT pro tempore. Is prehensively defines, for the first time President George W. Bush won my there any Senator who has not spoken in this Nation’s history, the role of the home State and its 20 electoral votes. who wishes to speak? Federal government in the conduct of Frankly, I am proud of how the elec- The Senator from Mississippi. Federal elections. It was an important tion went in Ohio. Hundreds of thou- Mr. LOTT. Mr. President, realizing first step, but our work is not done. sands of new voters took part in their that I have the 5-minute allocation, I The real test, however, will be not so democracy this past November, in- make a parliamentary inquiry about much on how we vote in the next few creasing Ohio’s voter participation rate where we are. If there are no further minutes on some resolution here, but to 72 percent, up from 64 percent in speakers, is the Chair going to be pre- whether in the coming days we are 2000. Unfortunately, prior to November pared to put the question so that there willing to pass legislation to fill in the 2, unsubstantiated allegations were would be a recorded vote? gaps that are left vacant as a result of being made about the electoral process The PRESIDENT pro tempore. The our inability to get more done with the in Ohio. But, at the end, on election yeas and nays have been ordered and HAVA bill. day, and at the end of the recount, the question will be placed before the I believe we can do it. We did it in Ohio’s Secretary of State Kenneth body. the last Congress. We ought to do it in Blackwell and the bipartisan election Mr. LOTT. Mr. President, I think the this one, so we never again have ques- boards across the State did a tremen- case has been made. I think this was an tions raised about the legitimacy of dous job to ensure that the election unfortunate procedure. This process the election process or results, in any was fair and the results were without which we have been through was an in- State, of a Federal election. question. I want to publicly applaud auspicious and unfortunate beginning I look forward to working with my the good work of those dedicated public of our session. I hope it does not have colleagues, and the civil rights, dis- officials. a lasting negative impact. But the Sen- ability, language minority, and voting It is time to put this election to rest. ator from California, Mrs. BOXER, made rights communities, as well as State Editorial boards from Ohio newspapers, her case, others have responded, and I and local election officials, to continue many of which endorsed Senator don’t think it merits any further re- our work to ensure that all Americans KERRY, agree as well. The so-called re- sponse. I, therefore, think we should be have access to the most fundamental count effort is a circus that needs to prepared to vote. right in a representative democracy: pack up and leave town, is what one of I yield the floor. the right to cast a vote and have that them said. Mr. MCCONNELL. Mr. President, 204 vote counted. The Akron Beacon Journal, a news- years ago, took the I yield the floor. paper that endorsed Senator KERRY, oath of office as President of the The PRESIDENT pro tempore. Is stated on December 24: United States in this very Capitol. He there a Senator who has not spoken The allegations being thrown around are of was the first President ever to do so. who wishes to speak on this matter? the flimsiest nature. . . . Not one shred of As he walked from a boardinghouse on The Senator from Ohio. evidence has been presented to show that Pennsylvania Avenue toward this Mr. VOINOVICH. Mr. President, I Ohio’s strictly bipartisan system of running elections was manipulated. There isn’t any. building on the morning of his inau- rise today as a Member of the body who guration, he must have marveled at The Cleveland Plain Dealer, on De- recently was sworn in for his second what was about to take place. term. In my first 6 years as a Senator cember 15: For the first time in American his- of the United States in this institution, Ohio’s bipartisan elections system makes tory, power was changing hands from I faced challenges unprecedented in the kind of GOP conspiracy that some allege one party—the Federalists—to the all but impossible to execute. Every county this country’s history. board of elections consists of two Democrats other, the Democratic-Republicans. While we have made tremendous and two Republicans. So, when (Jesse) Jack- John Adams willingly left office. No progress making our Nation more se- son and other national Democrats question shots were fired, and no monarchs were cure, increasing America’s competi- Ohio’s outcome, they demean their own al- hanged. Unlike their brethren in Eu- tiveness in the global marketplace, and lies. rope, Americans, under our glorious upholding the Federal Government’s William Anthony Jr., the African Constitution, had mastered the peace- promise to seniors by enacting a pre- American who chairs both the Frank- ful transfer of authority from one fac- scription drug benefit through Medi- lin County Democratic Party and its tion to another. Jefferson called his care, we still have serious problems election board, has been personally election the ‘‘revolution of 1800,’’ confronting our Nation. stung by Jackson’s slander. ‘‘Why brought about ‘‘by the rational and On November 2, voters across this would I sit there,’’ Mr. Anthony said, peaceful instruments of reform, the Nation chose their Government that ‘‘and disenfranchise my own commu- suffrage of the people.’’ will face these forthcoming challenges. nity?’’ But America’s tradition of this The voters of Ohio and our Nation The Columbus Dispatch on December peaceful transfer of power is now being chose President George W. Bush. Even 12, 2004, states: challenged.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S56 CONGRESSIONAL RECORD — SENATE January 6, 2005 The obstruction of the counting of Mr. President, I yield the floor. Sununu Thune Warner the electoral vote undermines the tra- The PRESIDENT pro tempore. Is Talent Voinovich Wyden dition that Jefferson and Adams estab- there any Senator who has not spoken NOT VOTING—25 lished. By blocking this vote when who wishes to speak on this issue? Akaka Ensign Martinez there is no possibility whatsoever of If not, the question is, Shall the ob- Allen Feinstein McCain overturning the result, the legitimacy Bayh Frist Murkowski jection submitted by the gentlewoman Bingaman Hutchison Murray of our republican form of government from Ohio, Ms. TUBBS JONES, and the Bunning Inhofe Shelby is questioned. I am sure that is not the Senator from California, Mrs. BOXER, Burns Kerry Thomas intention of my colleagues who have Chafee Kyl Vitter be sustained? Corzine Landrieu forced us to debate this. Yet it is un- The yeas and nays have been ordered, Craig Lugar doubtedly the result. and the clerk will call the roll. The PRESIDING OFFICER. The ob- I understand that a minority of a mi- The assistant legislative clerk called nority protests the presidential vote in jection is not sustained. the roll. Mr. MCCONNELL. Mr. President, I the State of Ohio. But President Bush Mr. MCCONNELL. The following Sen- has indisputably won that State by move to reconsider the vote and to lay ators were necessarily absent. The Sen- that motion on the table. over 118,000 votes, and the votes have ator from Virginia (Mr. ALLEN), the been counted twice. The motion to lay on the table was Senator from Kentucky (Mr. BUNNING), agreed to. Some of my colleagues have claimed the Senator from Montana (Mr. that, even though they agree that The PRESIDING OFFICER. The Sec- BURNS), the Senator from Idaho (Mr. President Bush has won Ohio, they retary will notify the House of the ac- CRAIG), the Senator from Nevada (Mr. must take this opportunity to speak tion of the Senate, informing that body ENSIGN), the Senator from Tennessee about the need for electoral reform. I that the Senate is now ready to pro- (Mr. FRIST), the Senator from Texas submit that hijacking a presidential ceed to joint session with further (Ms. HUTCHISON), the Senator from Ari- election to use as a personal soapbox is counting of the electoral vote for zona (Mr. MCCAIN), the Senator from shameful. President and Vice President. Alaska (Ms. MURKOWSKI), the Senator Electoral reform may very well be f from Alabama (Mr. SHELBY), the Sen- desirable—for as long as people admin- ator from Rhode Island (Mr. CHAFEE), INDIAN OCEAN TSUNAMI RELIEF ister elections, elections will be imper- the Senator from Indiana (Mr. LUGAR), ACT fect. There will always be some irreg- the Senator from Florida (Mr. MAR- ularities, most due to innocent mis- The PRESIDING OFFICER. Under TINEZ), the Senator from Wyoming (Mr. take, some to outright fraud. We the previous order, H.R. 241 having THOMAS). should absolutely do everything pos- been received from the House, the bill Further, if present and voting, the sible to combat this. is considered read the third time and But if electoral reform is needed, Senator from Louisiana (Mr. VITTER), passed, and the motion to reconsider is Senators should introduce legislation. the Senator from Oklahoma (Mr. laid on the table. They should not obstruct a legitimate INHOFE), the Senator from Arizona (Mr. The bill (H.R. 241) was read the third count of the electoral votes where KYL), and the Senator from Arizona time and passed. there is an unequivocal victor. They (Mr. MCCAIN) would have voted ‘‘nay’’. Mrs. FEINSTEIN. Mr. President, I should not trample on the proud repub- Mr. DURBIN. I announce that the rise today to express my support for lican government our Founding Fa- Senator from Hawaii (Mr. AKAKA), the the resolution submitted this week by thers bequeathed us. They should not Senator from Indiana (Mr. BAYH), the Senator FRIST and Senator REID ex- mock the beautiful concept that sov- Senator from New Mexico (Mr. BINGA- pressing sympathy and support for the ereignty lies with the people, while our MAN), the Senator from New Jersey victims of the devastating earthquake troops are fighting and dying to plant (Mr. CORZINE), the Senator from Cali- and tsunami. that concept in the soil of Iraq. fornia (Mrs. FEINSTEIN), the Senator Words cannot begin to describe my Even the junior senator from Massa- from Massachusetts (Mr. KERRY), the emotions when I first learned of the chusetts has not endorsed the radical Senator from Louisiana (Ms. LAN- scope of the disaster and the loss of scheme that a minority of a minority DRIEU), and the Senator from Wash- life. More than 140,000 people from 12 has unleashed on us today. In an e-mail ington (Mrs. MURRAY) are necessarily nations have perished to date and the to supporters yesterday, Senator absent. number could double or triple as a re- KERRY said that he would not partici- The PRESIDING OFFICER (Mr. sult of infectious diseases spread in the pate in this petulant protest but, rath- CRAPO). Are there any other Senators disaster’s aftermath. er, will propose legislation to address in the Chamber desiring to vote? The victims, their families, and all perceived deficiencies in our electoral The result was announced—yeas 1, the affected countries are truly in my system. This is the only proper route nays 74, as follows: thoughts and prayers. When I visit the to take, and history will applaud Sen- [Rollcall Vote No. 1, Joint] Indonesian Embassy this week to sign ator KERRY for disavowing what is hap- YEAS—1 the condolence book, I will do so with a heavy heart but also a commitment pening here today. Boxer This is an ignominious beginning to to ensure that we do everything in our the 109th Congress. Last month I spoke NAYS—74 power to help in the rescue, recovery, about the desire on this side of the Alexander Dodd Lincoln and reconstruction efforts. aisle to work with our colleagues in Allard Dole Lott I welcome the President’s commit- Baucus Domenici McConnell the other party to get things done for Bennett Dorgan Mikulski ment to provide $350 million in relief the American people in a spirit of bi- Biden Durbin Nelson (FL) and as a member of the Senate Appro- partisanship. I’m still holding onto Bond Enzi Nelson (NE) priations Committee, and I stand ready that hope. I appeal to cooler heads on Brownback Feingold Obama to do my part to designate a robust and Burr Graham Pryor the other side of the aisle: Don’t let a Byrd Grassley comprehensive aid package. Initially, Reed Cantwell Gregg fraction of your number march you Reid we must provide emergency supplies Carper Hagel down a dead end. Roberts such as water, sanitation, food, and Chambliss Harkin The words that we say here today Clinton Hatch Rockefeller shelter to prevent the spread of disease amount to little against the fact that Coburn Inouye Salazar and give people hope. in 2004, the President won an over- Cochran Isakson Santorum There is little time to lose. Coleman Jeffords Sarbanes whelming victory in Ohio and 30 other Collins Johnson Schumer Yet our work and our commitment States, and received 286 electoral votes. Conrad Kennedy Sessions must not end there. Together with our Years from now, that fact will still be Cornyn Kohl Smith friends and allies in the international obvious. I hope that the damage done Crapo Lautenberg Snowe community, the United Nations, and Dayton Leahy Specter from this assault on our traditions is DeMint Levin Stabenow vital organizations such as the Red not. DeWine Lieberman Stevens Cross we will develop a long term relief

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S57 and reconstruction plan with substan- not soliciting the advice of Senate TRIBUTE TO CONGRESSMAN BOB tial funding. Too often when a disaster Democrats before nominating most of T. MATSUI leaves the headlines and the top of the his nominees. After all, Article II, Sec- Mrs. FEINSTEIN. Mr. President, I news broadcasts, we forget that the tion 2 of the Constitution requires the offer a few words about the passing of work has only just begun and the vic- of the Senate. Bob Matsui, one of California’s great tims and their families need to know There is no constitutional right for political leaders. that we are with them for the long any President to have 100 percent of his Bob was one of those people who you haul. judicial nominees confirmed. During always thought would be there. His Indeed, this is an important oppor- President Bush’s first term, the Senate death has come as a great shock and tunity to show the world the best of confirmed 204 judicial nominees. Presi- surprise to many. America and the American people. dent Bush had more judicial nominees I extend my deep sorrow to Doris, Americans have already donated confirmed in his first term than the Brian, and the rest of the Matsui fam- more than $100 million through non- previous three presidents had in theirs. ily. You are in my thoughts and pray- governmental organizations to support A second error made by the majority ers. relief efforts and thousands more stand leader was his statement that ‘‘these Throughout his career his wonderful ready to volunteer their time, energy, filibusters were unprecedented.’’ Fili- wife Doris has been by his side. One of and skills. busters of judicial nominees are hardly the things I remember most about the And I am confident that President unprecedented. The majority leader two of them is the wonderful smile she George H.W. Bush and President Bill voted to filibuster some of President always had whenever they walked into Clinton will do an excellent job in lead- Clinton’s nominees in the 1990s. a room together. They truly were a ing a nationwide charitable fundraising But the facts show that President fine couple. effort to sustain awareness about the Bush’s judicial nominees have received I would also like to offer my sym- disaster and raise additional assist- far better treatment than President pathy to everyone in the Sacramento ance. Clinton’s. At least 61 of President Clin- area—you were so well served by this We are a generous, giving, and caring ton’s judicial nominees—representing wonderful man. He has done a fantastic people and through our actions we will 20 percent of his selections—were de- job representing you in Washington for earn the world’s respect and admira- nied an ‘‘up or down’’ vote on the Sen- the last 26 years and before that on the tion. We will show the victims and ate floor. In fact, they were denied an Sacramento Council. their families that America is always ‘‘up or down’’ vote in the Judiciary I have known Bob Matsui for a long ready to help a neighbor and a friend in Committee. The majority leader did time. I will remember him as a great need. not mention this critical statistic human being, as a trusted colleague, as I am pleased the resolution was when he spoke on Tuesday. a fine public servant, and someone in passed by Unanimous Consent. I also take issue with his statement whom I was very proud to place friend- f that ‘‘I seek cooperation not confronta- ship, respect, and collegiality. tion.’’ If he truly meant that, he would JUDICIAL NOMINATIONS Bob was a superb public servant. He not threaten to change the Senate was a thoughtful, constructive leader Mr. DURBIN. On Tuesday of this rules and traditions next month. If he who brought people together to find so- week, the majority leader came to the truly meant it, he would have urged lutions for public policy issues. He was Senate floor and talked about judicial the White House not to re-nominate a reasoned voice; he was a dependable nominations. He said he was planning those nominees who were rejected by voice. to have a vote next month on one of the Senate last Congress. If he truly When we faced a problem related to President Bush’s judicial nominees. He meant it, he would have done what the Folsom Dam, Bob was one of the didn’t say which nominee he had in Senator HARRY REID did last month most constructive figures in getting mind, but he gave a clear signal that it and send a letter to the White House that very divided issue settled. would be someone controversial. He urging the President to engage in bi- Bob was also a good thinker and a warned that if Senate Democrats pre- partisan collaboration in the selection strong thinker. People knew that when vent the nominee from receiving an of Federal judges. Bob Matsui said something that it was ‘‘up or down’’ vote, then he would try Finally, I wish to note the majority steeped in practicality. He was well re- and change the rules and traditions of leader’s surprising rejection of the spected and influential among his col- the U.S. Senate. longstanding tradition of the Senate as leagues. I am sorry to see that the majority a continuous body. In his statement, he If Bob told me something was true, I leader chose to sound such a partisan said that ‘‘I do not acquiesce to car- knew it was true and not some vari- note on a famously bipartisan day—the rying over all the rules from the last ation of the facts. This is an important first day of the new Congress. On such Congress’’ and he specifically named quality in someone who represents oth- a day, we swear in our new colleagues Rule 22 as the rule he objected to. This ers because it gives them credibility and strive for a fresh start. is the rule that permits 41 Members of among their colleagues. Bob Matsui I do not believe this is the time or the Senate to prevent a vote on any had that credibility. the place to engage on this issue. There measure, motion, or other matter We have all heard the story of Bob’s are too many other, more urgent prob- pending before the Senate. family and their internment at the lems facing this world and this Nation. All of us who have served in the Tule Lake Camp in 1942. I think this But it is important to address a few House and the Senate know that one of probably had a very sobering impact on statements made by the majority lead- the most basic differences between our his life. er that I believe are in error. chamber and the House is that the Sen- I think he knew what could happen First, he stated that ‘‘the Senate ate is a continuing body and the House in situations of stress and military failed to perform in an essential con- is not. In other words, the Senate does conflict. I think it presented a chal- stitutional duty’’ last Congress when not have to reorganize itself each new lenge to him as a young man growing we blocked ten judicial nominees. He Congress by adopting new rules and up. He clearly overcame that challenge said that the Senate ‘‘failed to offer ad- electing new leaders. The House, on the and I think it probably had an impact vice and consent to the President’’ and other hand, must do so. in his knowing what he wanted to do indicated this was an unconstitutional It is my hope that the 109th Congress with his life, and that was public serv- action on the part of Senate Demo- can operate with more bipartisanship ice. crats. and less acrimony than the previous One of Bob’s most significant leg- I do not believe that the Senate acted Congress on the issue of judicial nomi- acies will be the work he did to help unconstitutionally. The Constitution nations. But if my colleagues across the government make amends with the requires advice and consent—it does the aisle try and change generations of Japanese Americans who were interned not require us to be a rubberstamp. I Senate rules and traditions, it will not during World War II. could just as easily assert that Presi- be good for this body, and it will not be As a member of Congress, Bob was dent Bush acted unconstitutionally by good for the American people. successful in passing legislation that

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S58 CONGRESSIONAL RECORD — SENATE January 6, 2005 offered a formal apology from the gov- ing of Representative Robert Matsui. Congressman MATSUI leaves a legacy ernment for the internment program In his quarter-century of service rep- of extraordinary integrity, commit- and provided compensation to victims. resenting California’s Fifth District in ment and strength. It is fitting that in This is a great legacy and it will be the House of Representatives, Robert his memory Bob Matsui’s family and well remembered. Matsui won the deep respect and affec- friends have established The Matsui Another of the areas in which Bob ex- tion of everyone who ever worked with Foundation for Public Service, which celled is his knowledge and expertise of him. When he first ran for Congress, in will carry forward the principles to Social Security as well as tax and 1978, he pledged to bring to the office which he dedicated his life. I express trade policy. He had an influential ‘‘a new form of statesmanship.’’ For my deepest sympathies to his wife, place on the House Ways and Means more than 25 years, on a daily basis, he Doris Okada, his son Brian, daughter- Committee. His leadership there will fulfilled that promise, and his constitu- in-law Amy, and granddaughter Anna, be missed. ents honored him for it. This past No- and thank them for sharing him with Bob did what he did extraordinarily vember they returned him to the Con- us these many years. well. Throughout his career he showed gress for his fourteenth term, with 71 f that he was a skilled politician as well percent of the vote. U.S. FOREST SERVICE PLANNING as a great policymaker. Bob Matsui was a third-generation REGULATIONS In addition to his duties as a House Japanese American. Like so many of Member, he took on heading the Demo- us, he was part of a family that had Mr. COCHRAN. Mr. President, on De- cratic Congressional Campaign Com- come to the United States for the great cember 22, 2004, The U.S. Department mittee this past election cycle—a par- opportunities this country offers, to of Agriculture Forest Service published ticularly demanding and grueling posi- build a better life for their children. a final rule that will streamline the tion. Despite the enormous challenges Because Bob Matsui’s family was Japa- process used by the Forest Service in he faced, he did a superb job in guiding nese-American, however, he and his revising forest management plans. the committee through the elections. parents were taken from their home in I am pleased that the Department Throughout his long and distin- Sacramento in 1942, following the Japa- completed work on this important reg- guished career Bob Matsui proved to be nese attack on Pearl Harbor. They ulation. Ultimately, this rule will help a dedicated public servant and his con- were interned for more than three local forest managers provide future stituents considered themselves lucky years at Tule Lake, in one of the ‘‘relo- generations with healthier forests, cleaner air, cleaner water and more to have his representation. I consider cation centers’’ specifically created for abundant wildlife through more effi- myself lucky to have known him. Japanese Americans. Bob Matsui him- cient management of our forests and We will truly miss him. self was very young at the time—bare- Mr. BAUCUS. Mr. President, I rise grasslands. I am also pleased that this ly 6 months old at the time of intern- today to join my colleagues in express- regulation builds upon one of the im- ment, not yet 4 years old when the war ing sympathies to the family of Rep- portant lessons we learned during con- ended but he felt deeply the confusion resentative Bob Matsui, who passed sideration of the Healthy Forests Res- and anguish of the adults around him. away over the weekend. I was shocked toration Act in the 108th Congress: em- Yet he never lost faith in his country and saddened to hear the news about phasis on actual forest management and in himself. Inspired by the Ken- our old friend. rather than administrative paperwork. While few Montanans may know Bob nedy administration to enter public This will result in our forest managers Matsui, he did embody one trait Mon- service, he dedicated his professional being able to undertake important for- tanans are familiar with. He was al- life to serving and protecting the est health projects rather than be over- ways willing to reach out to those rights of all Americans, first as a law- burdened with administrative proc- across the aisle to get the job done. He yer and then as a public official. He esses. and I shared this work philosophy on served 8 years on the Sacramento City Although the final planning rule is free trade especially. He was a tireless Council before entering the Congress. very comprehensive, I would like to advocate in the Congress for America’s But the experience of his early child- point out several key components: It trade agenda and was essential to the hood never left him, and in 1988 he was will for the first time incorporate im- enactment of many historic inter- instrumental in ensuring enactment of plementation and outcome assessment national agreements. the Japanese American Redress Act, into the forest planning process, which We will surely miss his leadership on which offered recognition of the ter- will ensure that the forest planning critical issues this next Congress, such rible, unconstitutional wrongs done to process is a dynamic one that can as Social Security, one issue where the Japanese Americans. quickly adjust to changing conditions. American people expect and deserve a As a senior member of the House As we learned with the Healthy Forest healthy, vigorous, and open debate. Ways and Means Committee, Bob Mat- Restoration Act, a dynamic manage- And for that type of debate, you could sui worked unstintingly to assure the ment system allows the Forest Service certainly count on Bob Matsui to de- safety net for those most in need: chil- to address the most time-sensitive for- liver. dren, seniors, the disabled, the poor est health issues such as wildfire, Despite starting his life as a child un- and others who needed an advocate. As invasive species, or disease. It incor- justly interned by his own Government the ranking minority member of the porates meaningful public participa- during World War II, Bob later rose to Social Security Subcommittee, he was tion throughout the planning process, serve in that very Government at its one of the Social Security system’s and ensures that the best available sci- highest echelons, as a Member of Con- best-informed and most eloquent advo- entific information will be used in deci- gress. How proud his family must have cates in the Congress. No one under- sion making. It contains a process that been to see this dynamic man elected stood better than he the indispensable will fairly and objectively allow us to to public office, where he championed role that Social Security plays in as- see whether the Forest Service is get- legislation to apologize for the intern- suring basic standards of security and ting the job done. This reporting proc- ment of Japanese American families dignity to Americans when their work- ess will rely on independent reviews of such as his. Overcoming obstacles and ing years are over, and no one was Forest Service land management, will injustices to rise to a level of public more dedicated to keeping the system measure actual results against in- admiration, respect, and trust may intact. Robert Matsui believed in the tended outcomes, and will incorporate sound like a Hollywood story; to Bob, social insurance system that Rocke- an audit process to produce publicly though, it was his life story. feller created to care for retirees, but available results. Finally, and most Wanda and I send our prayers and we as a society expanded to care for importantly, this rule will streamline sympathies to his family; his wife younger citizens in need, the disabled, the planning process, which in turn Doris, son Brian, daughter-in-law Amy, widowed and survivors. He made poli- will save the Forest Service both time and granddaughter Anna. He will be tics personal, and because he cared so and money. The current forest plan greatly missed by us all. deeply for others, he was able to be a takes between 5 and 7 years; under the Mr. SARBANES. Mr. President, it is real leader in this realm. His voice will new regulation the anticipated time- with great sorrow that I mark the pass- be sorely missed. frame is between 2 and 3 years. These

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S59 savings in both time and money will HONORING OUR ARMED FORCES his young widow with the Purple Heart allow our land managers to more CORPORAL JASON SCOT CLAIRDAY that he had posthumously earned for quickly complete on-the-ground Mrs. LINCOLN. Mr. President, I rise his gallant service on behalf of a grate- projects to improve the health of our today, to honor a young man from Ar- ful nation. Nation’s forests. kansas who had a passion for life, a gift When we think of Jason Clairday, we For too long our Nation’s forests for bringing smiles to the faces of those will remember that he gave himself have been imperiled because of a plan- around him, and a sense of duty toward completely to every aspect of his life; ning process that is too cumbersome the country and the people he would his family, his community, and his and takes too long, and usually results serve with honor. Jason Scot Clairday country. The legacy of his 21 years is a in forest plans that are out-of-date by was a loving husband, son, brother and testament to who he was. The love, the the time they are finished. I applaud friend. He was also a brave soldier who humor, the selflessness, and the pas- the efforts of the U.S. Forest Service to died a hero, trying to bring freedom to sion with which he taught us to live streamline our Nation’s forest planning a people he had never met in a country our lives, will remain with us forever. process to reduce red tape and paper- he had never known. My thoughts and prayers go out to his work. I am hopeful that this final rule Cpl. Clairday was the type of person wife, Sarah, to his family, and to all will provide further tools for the U.S. others were naturally drawn to. He those who knew and loved him. Forest Service in appropriately man- showed a genuine interest in their well- SERGEANT MICHAEL A. SMITH aging our Nation’s forests. being and his gentle nature and infec- Mr. President. Today, I humbly rise tious smile could brighten the darkest to pay tribute to the life of Michael A. f of moods. It was apparent to everyone Smith and to honor the sacrifice he MAKING A COMMITMENT around him that he approached every made on behalf of a grateful nation. day with a rare enthusiasm and love Sergeant Smith was a friendly, easy- Mr. LEVIN. Mr. President, as we for life. The youngest of three boys was going young man who had one of those begin a new Congress, I am hopeful often found playing sports or fishing rare personalities that allowed him to that the Senate will consider and pass and hunting along a nearby creek, en- quickly make friends with everyone he sensible gun safety legislation for the joying the outdoors and the time spent met. He was also a brave soldier, who benefit of our families, communities, with his friends and family. After mov- died a hero, fighting for the beliefs, the and police officers. The 109th Congress ing to the small northern Arkansas people and the country he cared for has the opportunity to act together on town of Salem, he did what he did best, deeply. a bipartisan basis to pass legislation made friends, and quickly distin- Sgt. Smith was born and raised in that will make our streets safer for all guished himself by excelling in high the small, southern Arkansas town of Americans. school athletics and becoming an ac- Camden. There, he is remembered by In order to achieve a reduction in tive member of the First Baptist those who knew him best as a good and gun violence, we must commit our- . gentle soul, who was always concerned selves to enacting legislation that sup- Cpl. Clairday enlisted in the United about the welfare of others, and often ports this goal. The 108th Congress States Marine Corps shortly after grad- went out of his way to help them when- missed numerous opportunities to have uating from Salem High School in 2001. ever they were in need. Upon his 1999 a positive impact on safety in our com- It was a decision he was proud to make graduation from Camden Fairview munities across the nation. In the last and members of the First Baptist High School, Sgt. Smith set his sights Congress, we did not close the gun Church remember the pride with which on Southern Arkansas University show loophole, we did not reauthorize he wore his Marine dress blues while Tech. Attending the university would the 1994 assault weapons ban, and we attending service. On July 30, just allow him to stay close to his family in failed to make needed improvements to weeks prior to his deployment to Iraq, Camden while pursuing his interest in the National Instant Criminal Back- Cpl. Clairday married the love of his computers. To help pay his way ground Check System that would have life, Sarah. After his military service, through college, Sgt. Smith joined the made it more difficult for convicted he looked forward to returning home to Arkansas Army National Guard. Once criminals to gain access to guns. be with her, attending Arkansas State he completed his military service, he Combating gun violence also requires University at Mountain Home, and had plans to return home and begin his a commitment to funding effective gun building a family life. He felt his expe- education. violence prevention and enforcement rience in the Marine Corps was a way Sgt. Smith became a member of the programs. Unfortunately, the Fiscal to better prepare him for that future. Guard’s 39th Support Battalion. He was Year 2005 omnibus appropriations bill While in Iraq, Cpl. Clairday some- later called up to serve in Operation signed by the President in December times spoke with friends and loved Iraqi Freedom, where he was stationed eliminated much of the funding for one ones of liberating the war-torn country at Camp Taji, about 16 miles northwest of these programs, known as Project and making a better life for the Iraqi of downtown Baghdad. To his comrades Safe Neighborhoods. people. While he never talked much in the 39th, ‘‘Smitty’’ quickly became The Project Safe Neighborhoods ini- about the war, he preferred instead to one of the guys; a dedicated soldier tiative focuses on increased enforce- talk about the end of his enlistment in who never complained, always did his ment of existing gun laws, vigorous the spring, the future and coming home duty, and could be entrusted with the prosecution of crimes committed with to be with his new wife and his family. lives of those around him. handguns, and gun violence prevention Sarah last spoke with her husband on This November, family and friends of education. The project supports organi- December 3rd, when he was scheduled Sgt. Smith were excited with the news zations working against gun violence to enter Fallujah for 10 days with his that he would be taking his leave of and has provided over $1 billion in fellow marines in an attempt to bring service, and would possibly be home be- funding to help prosecute gun crimes, greater stability to the city prior to fore Thanksgiving. Tragically, 5 days hire personnel, provide training, and the Iraqi national elections slated for before he was set to return to Arkan- assist with community outreach activi- January. At the conclusion of the 10 sas, he was shot by a sniper while con- ties. It is critical that we provide ade- days, he was to be granted a 2-day ducting patrols in Baghdad. As a result quate resources to programs like the leave. Tragically, he was killed by of the injury, he was flown to Project Safe Neighborhoods initiative enemy fire on December 12th, a day be- Landstuhl Army Medical Center in in order to more effectively address the fore he was to leave the area. Germany and then to Walter Reed Med- gun violence epidemic in this country. At his memorial service in Camp, Ar- ical Center in Washington, DC. His par- I urge my colleagues to join me in kansas, more than 600 people would ents, Donald Ray and Deborah and his working to adequately fund effective come to pay their respects to their fall- sister, Lai, came to visit him in the gun violence reduction programs and en Arkansas soldier. At the conclusion hospital’s intensive care unit. Al- enact sensible gun safety legislation of the service, Cpl. Clairday was buried though Sgt. Smith never regained con- that will help to make our commu- with full military honors. The flag that sciousness in his 2 weeks at Walter nities safer. had draped his casket was presented to Reed, his family was with him in his

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S60 CONGRESSIONAL RECORD — SENATE January 6, 2005 final moments before he passed away brightly during these continuing days my colleagues will join me in honoring on November 26. of conflict and grief. him. Mr. Ehrenfreund was held in high At his memorial service in Camden, Jeremy was known for his dedication regard by all who knew him and will be Sgt. Smith’s coffin, surrounded by red, to family and his love of country. deeply missed by his wife of 48 years, white, and blue flowers, was placed at Today and always, Jeremy will be re- Sylvia, their two daughters and five the front of his high school gym- membered by family members, friends grandchildren.∑ nasium. Throughout the service and in and fellow Hoosiers as a true American f the aftermath of his son’s passing, hero and we honor the sacrifice he Donald Ray Smith described the out- made while dutifully serving his coun- ADDITIONAL STATEMENTS pouring of love from the community as try. ‘‘remarkable.’’ It was a testament to As I search for words to do justice in IN RECOGNITION OF THE NA- the gratitude of a community fully honoring Jeremy’s sacrifice, I am re- TIONAL FUNERAL DIRECTORS aware of the ultimate sacrifice paid by minded of President Lincoln’s remarks ASSOCIATION their fallen Arkansas soldier in the as he addressed the families of the fall- name of freedom. en soldiers in Gettysburg: ‘‘We cannot ∑ Mr. KOHL. Mr. President, I recognize In the 24 years Michael Smith was dedicate, we cannot consecrate, we the fundraising efforts of the National with us, the impressions he made and cannot hallow this ground. The brave Funeral Directors Association NFDA. the lives he touched will never be for- men, living and dead, who struggled The NFDA is the largest funeral serv- gotten. Although he will be deeply here, have consecrated it, far above our ice organization in the world and is missed by us all, it is his selflessness, poor power to add or detract. The dedicated to funeral service profes- his courage, and his heart that we will world will little note nor long remem- sionalism and quality. remember when we think of him. My ber what we say here, but it can never The recent tsunami tragedy in South thoughts and prayers go out to Donald forget what they did here.’’ This state- Asia has created a desperate need for Ray, Deborah, Lai, and the rest of his ment is just as true today as it was monetary donations to charitable orga- family, friends and loved ones. nearly 150 years ago, as I am certain nizations participating in the relief ef- fort. In a direct response to President f that the impact of Jeremy’s actions will live on far longer than any record Bush’s nationwide appeal to assist tsu- SERGEANT JEREMY R. WRIGHT of these words. nami victims, the NFDA has estab- Mr. BAYH. Mr. President, I speak It is my sad duty to enter the name lished the Funeral Service Asian Relief today with a heavy heart and deep of Jeremy R. Wright in the official Fund. The NFDA has asked its mem- sense of gratitude in honor of the life record of the for bers, funeral service suppliers, and do- of a brave young man from Shelbyville, his service to this country and for his mestic and international allied organi- IN. SGT Jeremy R. Wright, 31 years profound commitment to freedom, de- zations to contribute to this endeavor. old, died on January 3 during a patrol mocracy and peace. When I think about All contributions will be directed to an when the vehicle he was riding in was this just cause in which we are en- appropriate charitable organization. struck by a roadside bomb near Kabul. gaged, and the unfortunate pain that The generosity and caring of the fu- With his entire life before him, Jeremy comes with the loss of our heroes, I neral service industry was dem- risked everything to fight for the val- hope that families like Jeremy’s can onstrated during past humanitarian ues Americans hold close to our hearts, find comfort in the words of the proph- crises such as the September 11th ter- in a land halfway around the world. et Isaiah who said, ‘‘He will swallow up rorist attack and the Oklahoma City A 1992 graduate of Southwestern High death in victory; and the Lord God will bombing. This new effort further School, Jeremy went on to attend Wa- wipe away tears from off all faces.’’ proves the commitment of the NFDA bash College where he won the NCAA May God grant strength and peace to to utilizing its resources for the benefit Division III Great Lakes regional title those who mourn, and may God be with of those experiencing great hardship. I in 1993 for distance running and grad- all of you, as I know He is with Jer- commend the charity of the members uated with honors as a chemistry emy. of the National Funeral Directors As- major. Jeremy joined the Army in 2002, f sociation during this time of need in pursuing his long-time fascination with South Asia.∑ TRIBUTE TO JERRY the military. Like most things Jeremy f set his mind to, he was successful in EHRENFREUND his military career, becoming a mem- ∑ Mrs. HUTCHISON. Mr. President, I HAYES CENTER AND VILLA HAYES ber of the elite Green Beret. Wabash take this opportunity to honor and pay ∑ Mr. NELSON of Nebraska. Mr. Presi- spokesman Jim Amidon shared memo- tribute to a distinguished individual, dent, Hayes Center is in the south- ries of the former student with the As- Jerry Ehrenfreund, who served as Chief western part of my home state of Ne- sociated Press, saying his ‘‘rare com- Clerk in the Office of Printing Services braska. Villa Hayes is in the south- bination of intellect, courage, dis- from 1985 to 1990. western part of the Republic of Para- cipline and passion made him a natu- Mr. Ehrenfreund spent a lifetime in guay. I rise today to highlight the un- rally brilliant distance runner . . . dedicated service to his country, serv- usual connection between these two Those are the same qualities that made ing in the Army and working for the towns, named for the same American him a fine soldier, too, the kind of offi- Federal Government. In 1969, he began President, which have forged strong cer our country needs in the military.’’ working for the Government Printing ties despite the distance between them. Jeremy was killed while serving his Office and worked on the staff which Thanks to a historian’s efforts, these country in Operation Enduring Free- compiled the Federal Register. Shortly towns share a bond that affirms the dom. He was assigned to the 2nd Bat- thereafter he was detailed to the Sen- power of international friendship and talion, 1st Special Forces Group, Fort ate where he became the staff printer the enduring legacy of President Ruth- Lewis, WA. This brave young soldier on the Senate Select Committee on Nu- erford B. Hayes. leaves behind his mother, Jackie Nick- trition and Human Needs and, later, In 1878, President Hayes arbitrated a el and his father, Dale Wright. the staff printer for the Senate Foreign boundary dispute between Paraguay Today, I join Jeremy’s family, his Relations Committee. Mr. Ehrenfreund and Argentina, awarding new territory friends and the entire Shelbyville com- truly exemplified the positive work to Paraguay. The country named a de- munity in mourning his death. While ethic and dedication to his job and was partment and a city, near the national we struggle to bear our sorrow over named the Chief Clerk in the Office of capital of Asuncion, for him. John this loss, we can also take pride in the Printing Services in 1985. In 1990 he re- Fatherley of Chicopee, MA, is a histo- example he set, bravely fighting to tired from the staff of the Secretary of rian who studies President Hayes. Dur- make the world a safer place. It is his the Senate and retired to Katy, TX. ing college studies in Paraguay, he courage and strength of character that Mr. Ehrenfreund passed away on July learned about the country’s respect for people will remember when they think 14, 2004. His work in the Senate de- our 19th President, whose decision in of Jeremy, a memory that will burn serves special recognition, and I know 1878 enlarged Paraguay by 30 percent.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S61 Mr. Fatherley has since sought to world, and offers more than 150 areas of nomic boards and councils in eastern promote ties between Hayes Center and study at the undergraduate and grad- Idaho as well as on the advisory boards Villa Hayes. He has traveled to Ne- uate levels. of both the University of Idaho and braska to educate Hayes Center stu- The city’s heartland work ethic and Idaho State University. dents about the President for whom community pride make it a great place Argonne National Lab’s loss is cer- their town is named. He has also to do business, with several local com- tainly John’s family’s gain, as well as brought documents on President Hayes panies which have grown into national the gain of any organization in which from the U.S. to Paraguay. In return, and international prominence aided by he decides to invest his retirement en- Villa Hayes presented Mr. Fatherley the exceptional workforce and afford- ergy. He has my best wishes in his re- with its town seal, which he donated to able business climate. Warrensburg is tirement.∑ the Hayes Center Historical Society in home of EnerSys, G.E. Transportation f Nebraska. Systems, ThyssenKrupp Stahl Com- HONORING DAVID L. DAY ON HIS Nebraskans are fortunate to share pany, Swisher Mower, Bomag Paving RETIREMENT this connection with our South Amer- Products, and the world headquarters ican friends and to have benefited over of both Sigma Tau Gamma Fraternity ∑ Mr. ALEXANDER. Mr. President, I the years from Mr. Fatherley’s admi- and Carlyle Van Lines. rise today to honor David L. Day on his rable efforts. He has promoted inter- Warrensburg is also proud of its rich retirement from 35 years of public serv- national cooperation between Nebras- diversity, with over 35 different lan- ice as the Deputy Engineer for Pro- kans and Paraguayans and honored the guages spoken within the Warrensburg grams and Project Management with memory of a president too often forgot- School District, and over 30 faith com- the Nashville District, U.S. Army ten. In an age when the well-being of munities gathering for and Corps of Engineers. During his 35 years any nation depends on so many others, service each week. of Federal service, 33 with the Corps of it is more important than ever to Warrensburg is also the boyhood Engineers, from 1969 to present, Dave strengthen the ties between Americans home of John William ‘‘Blind’’ Boone, held a clear vision and achieved a re- and our fellow human beings around the legendary ragtime composer and markable string of successes in fur- the world. piano player; home of the first gaso- thering the mission of the Nashville I wish to express my admiration, line-powered, push lawn mower in- District and the U.S. Army Corps of therefore, for Mr. Fatherley and the vented by Leonard Goodall; the origi- Engineers. Dave has earned a reputa- towns of Hayes Center, NE, and Villa nal self-propelled mower and the zero- tion of being honest, fair, and profes- Hayes, Paraguay. Mr. Fatherley’s work turning radius riding lawn mower both sional with his coworkers. He began his has revealed a small but important invented by Max Swisher, who remains career with the Nashville District in piece of common ground between the a Warrensburg resident; and Errett October 1998 when he was selected as United States and Paraguay. He has Lobban Cord, inventor of Cord Auto- the Deputy District Engineer for Pro- also taught students in a small Ne- mobiles. grams and Project Management and is braska community about the world be- Finally, Warrensburg is also the the senior civilian for the district with yond their walls. Both these things are hometown of Old Drum, the hunting more than 800 employees and a $140 essential to continued American pros- dog for which Senator George Graham million annual operating budget. The perity and leadership in these chal- Vest’s ‘‘Eulogy on the Dog’’ was deliv- district provides Federal engineering, lenging times.∑ ered, coining the idea that ‘‘man’s best planning, construction, project man- f friend is his dog.’’ agement, real estate, and environ- I am honored to share Warrensburg’s mental services. His responsibilities in- 150TH ANNIVERSARY OF proud history and its sesquicentennial cluded budgeting, planning, and exe- WARRENSBURG, MISSOURI anniversary as a town with my col- cuting Civil Works and Interagency ∑ Mr. TALENT. Mr. President, I rise leagues, and I wish the people of and International Services programs today to salute the citizens of Warrensburg all the best for the fu- under the project management busi- Warrensburg, , in celebration of ture.∑ ness process. their 150th anniversary as an incor- f Dave Day has distinguished himself porated town. as a leader in many ways during his The town of Warrensburg was incor- JOHN SACKETT RETIREMENT tenure. He continuously has encour- porated in 1855 as a community proud ∑ Mr. CRAPO. Mr. President, after aged a culture of professional improve- of its heritage and loyal to the ideals, years of faithful service and dedication ment, fostering team leadership and traditions and institutions that have to his work at Argonne National Lab, a activity to meet district goals, while at contributed to the success and growth friend and respected Idahoan, John the same time, taking care of the peo- of the city. Sackett, is retiring to pursue a quieter ple with whom he works. Dave had a Warrensburg prides itself as being a life with his family. John served in a strong, positive impact on the morale self-contained city with a vibrant em- number of positions in the Lab over the of the district’s Planning, Programs, ployment base, excellent education past 34 years, the most recent being di- and Project Management Division em- system, active cultural scene, and rector or Argonne National Lab West ployees as well as Project Delivery many civic events and activities for located at Idaho National Environment Team members. He always made time residents to enjoy. and Engineering Lab in southeast to recognize deserving individuals or Warrensburg serves as the county Idaho. He has earned international rec- discuss any problem that arose. His seat for Johnson County, and is cur- ognition and respect for his work in genuine concern for every member of rently home to 17,075 residents who are the areas of nuclear safety and ad- his team was reflected in his many served by an excellent school system vanced reactor design. messages, letters, awards, and hallway which has been accredited with Dis- I have had the privilege of working greetings. tinction in Performance by the Mis- with John the entire time I have served Dave oversaw the operation of the souri State Board of Education. The in Congress. Over the past 12 years, I Account Executive Program, which the Warrensburg School System has also have witnessed his steady leadership, Nashville District uses to establish and been named a Gold Medal School, rank- commitment to the goals of the Lab strengthen relationships with cus- ing them among the Nation’s top 18 and DOE. John and I share a fervent tomers and find ways to meet regional percent of schools. belief in the role of nuclear energy and and national needs. He also led the ef- The community is also the proud research in economic, technological, fort to partner, both formally and in- home of Central Missouri State Univer- security and energy sectors. formally, with the States of Tennessee sity, which has provided quality post- Perhaps what is most remarkable is and Kentucky, Tennessee Valley Au- secondary education for more than 130 that despite the tremendous demands thority, TVA, Southeastern Power As- years. This comprehensive university of his work at Argonne, he finds the sociation, SEPA, Tennessee River Val- annually serves nearly 14,000 students time to give back to his community, ley Authority, TRVA, Tenn-Tom Wa- from all over the State, Nation, and serving on numerous medical and eco- terways, Metro Nashville, and other

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S62 CONGRESSIONAL RECORD — SENATE January 6, 2005 governmental and industry groups to Alternative Middle School in Dover, MESSAGES FROM THE PRESIDENT maximize program and project accom- DE. The Because We Care Alternative Messages from the President of the plishments. Dave has been one of the Middle School is a nonprofit agency United States were communicated to strongest, most consistent driving that provides continuing education to the Senate by Mr. Williams, one of his forces behind the plan for the new Kent County middle school children secretaries. $320,000,000 lock on the Tennessee River who have been expelled or are on the at Chickamauga Dam. By bringing a verge of expulsion. The Because We f TVA environmental impact statement Care Alternative Middle School serves EXECUTIVE MESSAGES REFERRED up to Corps standards, he helped ad- the five school districts located within vance the authorization of and funding Kent County, DE. The program focuses As in executive session the Presiding for this new lock. He also worked hard on learning skills, life skills, social Officer laid before the Senate messages from the President of the United with TVA, SEPA, and SEPA’s power competencies and substance abuse/re- States submitting sundry nominations customers to allow SEPA customers to sistance training. Her successes with which were referred to the appropriate fund rehabilitation of hydropower fa- young people are hailed by Super- committees. cilities in the Cumberland River basin, intendents, Principals and parents (The nominations received today are a first in the Great Lakes and Ohio alike. River Division. printed at the end of the Senate pro- I extend warm congratulations to By soliciting volunteers to act as ceedings.) caseworkers, mentors and activity Dave Day on his retirement. He will be f missed, but I know the citizens of Ten- aides, the youth are exposed to one-on- nessee join me in wishing him all the one relationships that routinely de- AGREEMENT BETWEEN THE GOV- best as he moves forward in life.∑ velop into long-time friendships. Pas- ERNMENT OF THE UNITED f tor Cherry’s philosophy is that chil- STATES OF AMERICA AND THE dren do not have discipline problems; GOVERNMENT OF THE RUSSIAN IN RECOGNITION OF REVEREND they have ‘love’ problems. Too many of FEDERATION EXTENDING THE GLORIA L. CHERRY’S RETIREMENT them live in homes bereft of love. Pas- AGREEMENT ON MUTUAL FISH- ∑ Mr. CARPER. Mr. President, I rise tor Cherry that providing a ERIES RELATIONS OF MAY 31, today in recognition of the Reverend stable learning atmosphere along with 1999—PM 1 Gloria L. Cherry upon her retirement. the love that every child needs, chil- The PRESIDING OFFICER laid be- Pastor Cherry has served the state of dren can make the turn to a more posi- fore the Senate the following message Delaware for countless years and her tive life with their families. from the President of the United leadership over that span of time has States, together with an accompanying won her the respect and gratitude of In 1999, Pastor Cherry envisioned a report; which was referred jointly, pur- our entire state. She has been, and re- homeless shelter for youths as a means suant to the order of January 30, 1975, mains, a trusted friend. of respite for parents and guardians as modified by the order of April 11, Pastor Cherry was born in New who are struggling with employment 1986; to the Committees on Foreign Re- Church, VA, on July 3, 1935, to the late and housing for their families. Through lations; and Commerce, Science, and Marvin and Bertha Trader. She came additional grants, donations, and Transportation: to Delaware at a young age and at- blood, sweat and tears, her vision came tended Phillip C. Showell Elementary to fruition through the building and To the Congress of the United States: in Selbyville, DE, and received her leasing of ‘Glory Hall.’ Glory Hall is a Consistent with the Magnuson-Ste- high school education from Howard dormitory style living facility that vens Fishery Conservation and Man- High in Wilmington, DE. houses 18 youths. The Hall is equipped agement Act (16 U.S.C. 1801 et seq.), I Pastor Cherry is the wife of the late with a classroom, full-service kitchen transmit herewith an Agreement be- Christopher H. Cherry. The two met and cafeteria, activity area and bed- tween the Government of the United and were married in Delaware on May rooms—all built through Pastor Cher- States of America and the Government 1, 1976. Gloria is the proud and beloved ry’s devotion and love for young peo- of the Russian Federation extending mother of five children, Larry Robin- ple. This year, Glory Hall has been the Agreement Between the Govern- son, Garry Robinson, Addie Merchant, leased to an organization called South ment of the United States and the Gov- Bertha Hardman and Lorri Jamison; West Keys, a Texas based organization ernment of the Russian Federation on eight grandchildren, Ryan, Rodney and with agencies throughout the United Mutual Fisheries Relations of May 31, David Robinson, Willie Hardman, III, States. This organization provides 1999, with annex, as extended (the ‘‘Mu- Christopher and Bobbie Merchant and shelter for immigrant children until tual Fisheries Agreement’’). The Winston, Shavon and Dionna Jamison they are reunited with family members present Agreement, which was affected and one great grandson, Ryan Robin- here in the United States. by an exchange of notes in Moscow on son, Jr. March 3, 2003, and January 30, 2004, ex- Pastor Cherry was ordained in Spain Through Reverend Cherry’s tireless tends the Mutual Fisheries Agreement in 1978 where she received her calling efforts, she has made a profound dif- to December 31, 2008. from God. She studied under Pastor ference in the lives of thousands of In light of the importance of our fish- Eliah Holland and became a licensed Delawareans. Upon her retirement, she eries relationship with the Russian minister in 1980. In 1983, she founded will leave behind a legacy of commit- Federation, I urge the Congress to give the First United Church of Gospel Min- ment to public service for both her favorable consideration to this Agree- istries which in 2004 was renamed the children and grandchildren and for the ment at an early date. Healing Wings Christian Center. rest of us to follow. I thank her for the GEORGE W. BUSH. Pastor Cherry’s service has extended friendship that we share and for the in- THE WHITE HOUSE, January 6, 2005. spiration that she provides through a far beyond the church and well into the f community. Through the First United lifetime of caring. Although Pastor Church of Gospel Ministries, she, along Cherry is ending this particular chap- MESSAGES FROM THE HOUSE with a group of concerned citizens met ter of her life, she will open the next At 9:36 a.m., a message from the to discuss the challenges facing young chapter by continuing to crusade for House of Representatives, delivered by people such as teenage pregnancy, sub- those of us less fortunate. On behalf of Ms. Niland, one of its reading clerks, stance abuse and discipline issues. As a all Delawareans, I congratulate her on announced that the House has agreed result, the Because We Care, Inc. com- a truly remarkable and distinguished to the following concurrent resolu- munity-based organization was formed. career and extend to her my very best tions, without amendment: Through a grant from the Delaware De- wishes for every success in the future. S. Con. Res. 1. Concurrent resolution to partment of Services for Children, I wish her and her family only the very provide for the counting on January 6, 2005, Youth and Their Families, Pastor best in all that lies ahead for each of of the electoral votes for President and Vice Cherry founded the Because We Care them.∑ President of the United States.

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S63 S. Con. Res. 2. Concurrent resolution to ex- directed to take such steps as may be of Agriculture, transmitting, pursuant to tend the life of the Joint Congressional Com- necessary for carrying out the provi- law, the report of a rule entitled ‘‘7 CFR 1775, mittee on Inaugural Ceremonies and the pro- sions of these resolutions and that the 1777, 1778, 1780, 1942, 3570, and 4274, ‘Definition visions of S. Con. Res. 93 and S. Con. Res. 94 necessary expenses in connection Clarification of State Nonmetropolitan Me- of the One Hundred Eighth Congress. dian Household Income’ ’’ (RIN0572–AB96) re- therewith be paid out of applicable ac- ceived on December 17, 2004; to the Com- The message further announced that counts of the House. the House has agreed to the following mittee on Agriculture, Nutrition, and For- Resolving, That the Clerk commu- estry. concurrent resolutions, in which it re- nicate these resolutions to the Senate EC–9. A communication from the Adminis- quests the concurrence of the Senate: and transmit a copy thereof to the trator, Rural Utilities Service, Department H. Con. Res. 1. Concurrent resolution re- family of the deceased. of Agriculture, transmitting, pursuant to garding consent to assemble outside the seat law, the report of a rule entitled ‘‘7 CFT 1775, of government. At 12:56 p.m., a message from the Technical Assistance Grants’’ (RIN0572– H. Con. Res. 2. Concurrent resolution pro- House of Representatives, delivered by AB75) received on December 17, 2004; to the viding for a conditional adjournment of the Ms. Niland, one of its reading clerks, Committee on Agriculture, Nutrition, and House of Representatives and a conditional announced that the House has passed Forestry. recess or adjournment of the Senate. the following bill in which it requests EC–10. A communication from the Admin- istrator, Rural Housing Service, Department The message also announced that the the concurrence of the Senate: House has agreed to H. Res. 2, resolving of Agriculture, transmitting, pursuant to H.R. 241. An act to accelerate the income that the Senate be informed that a law, the report of a rule entitled ‘‘Servicing tax benefits for charitable cash contribu- of Delinquent Community and Business Pro- quorum of the House of Representa- tions for the relief of victims of the Indian gram Loans—Workout Agreements’’ tives has assembled; that J. DENNIS Ocean tsunami. (RIN0575–AC57) received on December 17, HASTERT, a Representative from the The message further announced that 2004; to the Committee on Agriculture, Nu- State of Illinois, has been elected pursuant to Senate concurrent resolu- trition, and Forestry. Speaker; and Jeffrey J. Trandahl, a cit- tion 1, One Hundred Ninth Congress, EC–11. A communication from the Admin- izen of the State of South Dakota, has and the order of the House of January istrator, Poultry Programs, Department of been elected Clerk of the House of Rep- 4, 2005, the Speaker appoints as tellers Agriculture, transmitting, pursuant to law, resentatives of the One Hundred Ninth the report of a rule entitled ‘‘Voluntary on the part of the House to count the Shell Egg Grading Regulations—Facilities Congress. electoral votes: Mr. NEY of Ohio, and and Equipment’’ (RIN0581–AC33) received on The message further announced that Mr. LARSON of Connecticut. December 31, 2004; to the Committee on Agri- pursuant to section 1238(b)(3) of the culture, Nutrition, and Forestry. Floyd D. Spence National Defense Au- At 5:04 p.m., a message from the EC–12. A communication from the Admin- thorization Act for Fiscal Year 2001 House of Representatives, delivered by istrator, Agricultural Marketing Service, (Public Law 106–398), the Minority Mr. Hays, one of its reading clerks, an- Department of Agriculture, transmitting, Leader appoints Mr. Michael Wessel of nounced that the House has rejected pursuant to law, the report of a rule entitled Virginia, for a term of 2 years, to the the objection submitted by the Rep- ‘‘Hazelnuts Grown in Oregon and Wash- ington; Establishment of Final Free and Re- resentative from Ohio, Mrs. JONES, and United States-China Security Review stricted Percentages for the 2004–2005 Mar- Commission. the Senator from California, Mrs. keting Year’’ (Doc. No. FV05–982–1 IFR) re- The message also announced that BOXER, and is now ready to further pro- ceived on December 31, 2004; to the Com- pursuant to section 1238(b)(3) of the ceed with the counting of the electoral mittee on Agriculture, Nutrition, and For- Floyd D. Spence National Defense Au- votes for President and Vice President estry. thorization Act for Fiscal Year 2001 (22 of the United States. EC–13. A communication from the Admin- istrator, Agricultural Marketing Service, U.S.C. 7002), amended by division P of f the Consolidated Appropriations Reso- Department of Agriculture, transmitting, EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled lution, 2003 (Public Law 108–7), and the COMMUNICATIONS ‘‘Oranges, Grapefruits, Tangerines, and Tan- order of the House of December 8, 2003, The following communications were gelos Grown in Florida; Change in the Min- the Speaker reappoints the following imum Maturity Requirements for Fresh member on the part of the House of laid before the Senate, together with Grapefruit.’’ (Doc. No. FV05–905–1 IFR) re- Representatives to the United States- accompanying papers, reports, and doc- ceived on December 31, 2004; to the Com- China Economic and Security Review uments, and were referred as indicated: mittee on Agriculture, Nutrition, and For- Commission: Larry Wortzel of Alexan- EC–4. A communication from the President estry. EC–14. A communication from the Congres- dria, Virginia, for a term to expire De- of the United States, transmitting, pursuant to law, the Report to the Congress on Imple- sional Review Coordinator, Department of cember 31, 2006. mentation of Public Law 107–228 Authority Agriculture, transmitting, pursuant to law, The message further announced that for Russian Federation Debt Reduction for the report of a rule entitled ‘‘Swine Health pursuant to Senate concurrent resolu- Nonproliferation; to the Committee on For- Protection’’ (Doc. No. 04–109–1) received on tion 2, One Hundred Ninth Congress, eign Relations. December 8, 2004; to the Committee on Agri- the Speaker reappoints as members of EC–5. A communication from the Deputy culture, Nutrition, and Forestry. the Joint Committee to make the nec- Associate Administrator, Environmental EC–15. A communication from the Congres- essary arrangements for the Inaugura- Protection Agency, transmitting, pursuant sional Review Coordinator, Department of tion of the President-elect and the Vice to law, the report of a rule entitled Agriculture, transmitting, pursuant to law, ‘‘Spinosad; Pesticide Tolerance’’ (FRL7691–4) the report of a rule entitled ‘‘Importation of President-elect of the United States on received on December 31, 2004; to the Com- Clementines, Mandarins, and Tangerines the 20th day of January 2005, the fol- mittee on Agriculture, Nutrition, and For- from Chile’’ (Doc. No. 02–081–3) received on lowing Members of the House of Rep- estry. December 17, 2004; to the Committee on Agri- resentatives: Mr. HASTERT of Illinois, EC–6. A communication from the Deputy culture, Nutrition, and Forestry. Mr. DELAY of Texas, and Ms. PELOSI of Associate Administrator, Environmental EC–16. A communication from the Congres- California. Protection Agency, transmitting, pursuant sional Review Coordinator, Department of The message also announced that the to law, the report of a rule entitled Agriculture, transmitting, pursuant to law, House has agreed to H. Res. 11, resolv- ‘‘Thiamethoxam; Pesticide Tolerance’’ the report of a rule entitled ‘‘User Fees for (FRL7689–7) received on December 31, 2004; to Agricultural Quarantine and Inspection ing that the House has heard with pro- the Committee on Agriculture, Nutrition, Services’’ (Doc. No. 04–042–1) received on De- found sorrow of the death of the Honor- and Forestry. cember 17, 2004; to the Committee on Agri- able Robert T. Matsui, a Representa- EC–7. A communication from the Deputy culture, Nutrition, and Forestry. tive from the State of California. Associate Administrator, Environmental EC–17. A communication from the Congres- Resolving, That a committee of such Protection Agency, transmitting, pursuant sional Review Coordinator, Department of Members of the House as the Speaker to law, the report of a rule entitled Agriculture, transmitting, pursuant to law, may designate, together with such ‘‘Chlorothalonil; Re-establishment of Toler- the report of a rule entitled ‘‘Emerald Ash Members of the Senate as may be ance for Emergency Exemptions’’ (FRL 7691– Borer; Quarantined Areas’’ (Doc. No. 02–125– 1) received on December 31, 2004; to the Com- 2) received on January 5, 2005; to the Com- joined, be appointed to attend the fu- mittee on Agriculture, Nutrition, and For- mittee on Agriculture, Nutrition, and For- neral. estry. estry. Resolving, That the Sergeant-at- EC–8. A communication from the Adminis- EC–18. A communication from the Acting Arms of the House be authorized and trator, Rural Utilities Service, Department Inspector General, transmitting, pursuant to

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S64 CONGRESSIONAL RECORD — SENATE January 6, 2005 law, the report of the Office of the Inspector of the Treasury, transmitting, pursuant to EC–41. A communication from the Acting General concerning alternative Medicare law, the report of a rule entitled ‘‘Republica- Chief, Internal Revenue Service, Department payment methodologies for the costs of tion of Rev. Proc. 2004–6’’ (Rev. Proc. 2005–6) of the Treasury, transmitting, pursuant to training medical residents in nonhospital received on January 5, 2005; to the Com- law, the report of a rule entitled ‘‘Tier 2 Tax settings; to the Committee on Finance. mittee on Finance. Rates for 2005’’ (Notice 2005–1) received on EC–19. A communication from the Acting EC–30. A communication from the Chief, December 17, 2004; to the Committee on Fi- Inspector General, Department of Health and Internal Revenue Service, Department of the nance. Human Services, transmitting, pursuant to Treasury, transmitting, pursuant to law, the EC–42. A communication from the Acting law, the report of the Office of the Inspector report of a rule entitled ‘‘Letter Rulings and Chief, Internal Revenue Service, Department General concerning alternative Medicare Determination Letters’’ (Rev. Proc. 2005–1) of the Treasury, transmitting, pursuant to payment methodologies for the costs of received on January 5, 2005; to the Com- law, the report of a rule entitled ‘‘Revenue training medical residents in nonhospital mittee on Finance. Procedure: Reduction of Penalty for Under- settings; to the Committee on Finance. EC–31. A communication from the Acting standing Tax by Adequate Disclosure of an EC–20. A communication from the Commis- Chief, Internal Revenue Service, Department Item on Return’’ (Rev. Proc. 2004–73) received sioner, Social Security Administration, of the Treasury, transmitting, pursuant to on December 17, 2004; to the Committee on transmitting, pursuant to law, the Report on law, the report of a rule entitled ‘‘Fees for Finance. Fiscal Year 2004 Competitive Sourcing Ef- Copies of Exempt Organization Material’’ EC–43. A communication from the Acting forts as required by the Consolidated Appro- (RIN1545–BB22) received on January 5, 2005; Chief, Internal Revenue Service, Department priations Act of Fiscal Year 2004; to the to the Committee on Finance. of the Treasury, transmitting, pursuant to Committee on Finance. EC–32. A communication from the Acting law, the report of a rule entitled ‘‘Weighted EC–21. A communication from the Chair- Chief, Internal Revenue Service, Department Average Interest Rate Update Notice—Pen- man, Medicare Payment Advisory Board, of the Treasury, transmitting, pursuant to sion Funding Equity Act of 2004’’ (Notice transmitting, pursuant to law, the Report on law, the report of a rule entitled ‘‘Election 2004–82) received on December 17, 2004; to the the Impact of Resource-Based Practice Ex- to Determine Corporate Tax on Certain Committee on Finance. pense Payment for Physician Services; to International Shipping Activities under Ton- EC–44. A communication from the Acting the Committee on Finance. nage Tax Regime’’ (Notice 2005–2) received on Chief, Internal Revenue Service, Department EC–22. A communication from the Chair- January 5, 2005; to the Committee on Fi- of the Treasury, transmitting, pursuant to man, Medicare Payment Advisory Commis- nance. law, the report of a rule entitled ‘‘Public sion, transmitting, pursuant to law, the Re- EC–33. A communication from the Acting Hearings on the Advance Pricing Agreement port on the Growth in the Volume of Physi- Chief, Internal Revenue Service, Department Programs’’ (Ann. 2004–98) received on Decem- cian Services; to the Committee on Finance. of the Treasury, transmitting, pursuant to ber 17, 2004; to the Committee on Finance. EC–23. A communication from the Assist- law, the report of a rule entitled ‘‘Republica- EC–45. A communication from the Acting ant Secretary, Employees Benefits Security tion of Rev. Proc. 2004–8’’ (Rev. Proc. 2005–8) Chief, Internal Revenue Service, Department Administration, Department of Labor, trans- received on January 5, 2005; to the Com- of the Treasury, transmitting, pursuant to mitting, pursuant to law, the report of a rule mittee on Finance. entitled ‘‘Final Regulations for Health Cov- EC–34. A communication from the Acting law, the report of a rule entitled ‘‘Section erage Portability for Group Health Plans and Chief, Internal Revenue Service, Department 1397E—Allocation of National Limitation for Group Health Insurance Issuers under of the Treasury, transmitting, pursuant to Qualified Zone Academy Bonds for year 2005’’ HIPAA Titles I and IV’’ (RIN1210–AA54) re- law, the report of a rule entitled ‘‘Gross Es- (Rev. Proc. 2004–72) received on December 17, ceived on December 31, 2004; to the Com- tate; Election to Value on Alternate Valu- 2004; to the Committee on Finance. mittee on Finance. ation Date.’’ (TD 9172) received on January 5, EC–46. A communication from the Acting EC–24. A communication from the Regula- 2005; to the Committee on Finance. Chief, Internal Revenue Service, Department tions Coordinator, Office of Inspector Gen- EC–35. A communication from the Acting of the Treasury, transmitting, pursuant to eral, Department of Health and Human Serv- Chief, Internal Revenue Service, Department law, the report of a rule entitled ‘‘Annual ices, transmitting, pursuant to law, the re- of the Treasury, transmitting, pursuant to Cumulative List of Changes in Plan Quali- port of a rule entitled ‘‘Medicare and State law, the report of a rule entitled ‘‘Republica- fication Requirements’’ (Notice 2004–84) re- Health Care Programs: Fraud and Abuse: tion of Rev. Proc. 2004–4’’ (Rev. Proc. 2004–4) ceived on December 17, 2004; to the Com- OIG Civil Money Penalties Under the Medi- received on January 5, 2005; to the Com- mittee on Finance. care Prescription Drug Discount Card Pro- mittee on Finance. EC–47. A communication from the Acting gram’’ (RIN0991–AB30) received on January 3, EC–36. A communication from the Acting Chief, Internal Revenue Service, Department 2005; to the Committee on Finance. Chief, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to EC–25. A communication from the Regula- of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Bureau of tions Coordinator, Centers for Medicare and law, the report of a rule entitled ‘‘Republica- Labor Statistics Price Indexes for Depart- Medicaid Services, Department of Health tion of Rev. Proc. 2004–5’’ (Rev. Proc. 2005–5) ment Stores—October 2004’’ (Rev. Rul. 2004– and Human Services, transmitting, pursuant received on January 5, 2005; to the Com- 113) received on December 17, 2004; to the to law, the report of a rule entitled ‘‘Medi- mittee on Finance. Committee on Finance. care Program; Modifications to Managed EC–37. A communication from the Acting EC–48. A communication from the Acting Care Rules’’ (RIN0938–AK71) received on Jan- Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department uary 3, 2005; to the Committee on Finance. of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to EC–26. A communication from the Regula- law, the report of a rule entitled ‘‘Areas in law, the report of a rule entitled ‘‘Prohibited tions Coordinator, Administration for Chil- which Rulings will not be Issued (domestic Allocations of Securities in an S Corpora- dren and Families, Department of Health areas)—Revised to Remove Restrictions on tion’’ (RIN1545–BC33) received on December and Human Services, transmitting, pursuant Sections 107, 1402(a)(8), (c)(4) and (e), 17, 2004; to the Committee on Finance. to law, the report of a rule entitled ‘‘Child 3121(b)(8)(A), and 3401 of the Internal Rev- EC–49. A communication from the Acting Support Enforcement Program; Reasonable enue Code.’’ (Rev. Proc. 2005–3) received on Chief, Internal Revenue Service, Department Quantitative Standard for Review and Ad- January 5, 2005; to the Committee on Fi- of the Treasury, transmitting, pursuant to justment of Child Support Orders’’ (45 CFR nance. law, the report of a rule entitled ‘‘Appeals 303) received on January 3, 2005; to the Com- EC–38. A communication from the Acting Settlement Guidelines: IRC sec. 44 Disabled mittee on Finance. Chief, Internal Revenue Service, Department Access Credit’’ (UIL:0044.60–00) received on EC–27. A communication from the Regula- of the Treasury, transmitting, pursuant to December 17, 2004; to the Committee on Fi- tions Coordinator, Office of Inspector Gen- law, the report of a rule entitled ‘‘Procedures nance. eral, Department of Health and Human Serv- for issuing TAMs and TEAMs.’’ (Rev. Proc. EC–50. A communication from the Acting ices, transmitting, pursuant to law, the re- 2005–2) received on January 5, 2005; to the Chief, Internal Revenue Service, Department port of a rule entitled ‘‘Health Coverage Committee on Finance. of the Treasury, transmitting, pursuant to Portability for Group Health Plans and EC–39. A communication from the Acting law, the report of a rule entitled ‘‘Inflation Group Health Insurance Issuers Under Chief, Internal Revenue Service, Department Indexing Revenue Procedure’’ (Rev. Proc. HIPPA Title I and IV’’ (RIN0938–AL43) re- of the Treasury, transmitting, pursuant to 2004–71) received on December 8, 2004; to the ceived on January 3, 2005; to the Committee law, the report of a rule entitled ‘‘Automatic Committee on Finance. on Finance. Rollover and Section 401(a)(31)(B) of the EC–51. A communication from the Acting EC–28. A communication from the Acting Code’’ (Notice 2005–5) received on January 5, Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department 2005; to the Committee on Finance. of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to EC–40. A communication from the Acting law, the report of a rule entitled ‘‘Internet law, the report of a rule entitled ‘‘Areas in Chief, Internal Revenue Service, Department Activities of Trade Associations Revenue which Rulings in the International Area will of the Treasury, transmitting, pursuant to Ruling’’ (Rev. Rul. 2004–112) received on De- not be issued’’ (Rev. Proc. 2005–7) received on law, the report of a rule entitled ‘‘Automatic cember 8, 2004; to the Committee on Finance. January 5, 2005; to the Committee on Fi- Extension of Time to File Certain Informa- EC–52. A communication from the Acting nance. tion Returns and Exempt Organization Re- Chief, Internal Revenue Service, Department EC–29. A communication from the Acting turns’’ (RIN1545–BB29) received on December of the Treasury, transmitting, pursuant to Chief, Internal Revenue Service, Department 17, 2004; to the Committee on Finance. law, the report of a rule entitled ‘‘Federal

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S65 Unemployment Tax Deposits—Special Rule’’ ulation Providing Guidance on the Student Criminal Division, Department of Justice, (RIN1545–BB66) received on December 8, 2004; FICA Exception’’ (RIN1545–BC81) received on transmitting, pursuant to law, the report of to the Committee on Finance. January 3, 2005; to the Committee on Fi- a rule entitled ‘‘Final Rule Exempting a Pri- EC–53. A communication from the Acting nance. vacy Act System of Records of the Criminal Chief, Internal Revenue Service, Department EC–65. A communication from the Acting Division (CRM) from Certain Subsections of of the Treasury, transmitting, pursuant to Chief, Internal Revenue Service, Department the Privacy Act (5 U.S.C. 552a): Organized law, the report of a rule entitled ‘‘Optional of the Treasury, transmitting, pursuant to Crime Drug Enforcement Task Force’’ re- 10–Year Writeoff of Certain Tax Preferences’’ law, the report of a rule entitled ‘‘Cash or ceived on December 17, 2004; to the Com- (RIN 1545–BC13) received on January 3, 2005; Deferred Arrangements Under Section 401(k) mittee on the Judiciary. to the Committee on Finance. and Matching Contributions Section 401(m)’’ EC–77. A communication from the Assist- EC–54. A communication from the Acting (TD9169) received on January 3, 2005; to the ant Secretary, Department of State, trans- Chief, Internal Revenue Service, Department Committee on Finance. mitting, pursuant to law, the report of a rule of the Treasury, transmitting, pursuant to EC–66. A communication from the Acting entitled ‘‘Visas: Documentation of Non- law, the report of a rule entitled ‘‘Revision Chief, Internal Revenue Service, Department immigrants Under the Immigration and Na- of Rev. Proc. 2001–22’’ (Rev. Proc. 2005–12) re- of the Treasury, transmitting, pursuant to tionality Act, as Amended: Electronic Peti- ceived on January 3, 2005; to the Committee law, the report of a rule entitled ‘‘901(j)(5) tion for Diversity Immigrant Status’’ on Finance. Presidential Waiver with Respect to Libya’’ (RIN1400–AB84) received on January 3, 2005; EC–55. A communication from the Acting (Rev. Rul. 2005–3) received on January 3, 2005; to the Committee on the Judiciary. Chief, Internal Revenue Service, Department to the Committee on Finance. EC–78. A communication from the Chair- of the Treasury, transmitting, pursuant to EC–67. A communication from the Acting man, National Endowment for the Human- law, the report of a rule entitled ‘‘2005 Per Chief, Internal Revenue Service, Department ities, transmitting, pursuant to law, a report Diem Rates Update’’ (Rev. Proc. 2005–10) re- of the Treasury, transmitting, pursuant to on FAIR Act inventories for Fiscal Year 2004; ceived on January 3, 2005; to the Committee law, the report of a rule entitled ‘‘Final Reg- to the Committee on Health, Education, on Finance. ulations for Health Coverage Portability for Labor, and Pensions. EC–56. A communication from the Acting Group Health Plans and Group Health Insur- EC–79. A communication from the Sec- Chief, Internal Revenue Service, Department ance Issuers under HIPAA Titles I and IV’’ retary to the Board, Railroad Retirement of the Treasury, transmitting, pursuant to (TD9166) received on January 3, 2005; to the Board, transmitting, pursuant to law, a re- law, the report of a rule entitled ‘‘New Mar- Committee on Finance. port on competitive sourcing activities in kets Tax Credit’’ (RINS1545–AY87, 1545–BC03) EC–68. A communication from the Acting Fiscal Year 2004 and 2004 Commercial Activi- received on January 3, 2005; to the Com- Chief, Internal Revenue Service, Department ties Inventory Under the Federal Activities mittee on Finance. of the Treasury, transmitting, pursuant to Inventory Reform (FAIR) Act of 1998; to the EC–57. A communication from the Acting law, the report of a rule entitled ‘‘Tier 2 Tax Committee on Health, Education, Labor, and Chief, Internal Revenue Service, Department Rates for 2005’’ received on January 3, 2005; Pensions. of the Treasury, transmitting, pursuant to to the Committee on Finance. EC–80. A communication from the Assist- law, the report of a rule entitled ‘‘Section EC–69. A communication from the Assist- ant Secretary for Administration and Man- 1374 Effective Dates’’ (TD9170) received on ant Attorney General, Department of Jus- agement, Department of Labor, transmit- January 3, 2005; to the Committee on Fi- tice, transmitting, pursuant to law, a report ting, pursuant to law, the report of a nomi- nance. on the activities of the Department of Jus- nation confirmed for the position of Assist- EC–58. A communication from the Acting tice in Relation to the Prison Rape Elimi- ant Secretary for Public Affairs, received on Chief, Internal Revenue Service, Department nation Act (PL 108–79); to the Committee on January 3, 2005; to the Committee on Health, of the Treasury, transmitting, pursuant to the Judiciary. Education, Labor, and Pensions. law, the report of a rule entitled ‘‘Guidance EC–70. A communication from the Clerk of EC–81. A communication from the Acting Under 409A of the Internal Revenue Code’’ Court, Court of Federal Claims, transmit- Director, Occupational Safety and Health (Notice 2005–1) received on January 3, 2005; to ting, pursuant to law, the report of Judge- Administration, Department of Labor, trans- the Committee on Finance. ments of the United States Court of Federal mitting, pursuant to law, the report of a rule EC–59. A communication from the Acting Claims during the year ended September 30, entitled ‘‘Standards Improvement Project— Chief, Internal Revenue Service, Department 2004; to the Committee on the Judiciary. Phase II’’ (RIN1218–AB81) received on Janu- of the Treasury, transmitting, pursuant to EC–71. A communication from the Assist- ary 5, 2005; to the Committee on Health, Edu- law, the report of a rule entitled ‘‘Regula- ant Attorney General, Department of Jus- cation, Labor, and Pensions. tions Governing Practice Before the Internal tice, transmitting, pursuant to law, the Sec- EC–82. A communication from the Senior Revenue Service (Circular 230—Shelter)’’ ond Year Report of the Corporate Fraud Regulatory Officer, Employment Standards (RIN1545–BA70) received on December 31, Task Force; to the Committee on the Judici- Administration, Department of Labor, trans- 2004; to the Committee on Finance. ary. mitting, pursuant to law, the report of a rule EC–60. A communication from the Acting EC–72. A communication from the Sec- entitled ‘‘Child Labor Regulations, Orders Chief, Internal Revenue Service, Department retary, Judicial Conference of the United and Statements of Interpretation (29 CFR of the Treasury, transmitting, pursuant to States, transmitting, pursuant to law, a re- Part 570); Child Labor Violations—Civil law, the report of a rule entitled ‘‘Automatic port on the Continuing Need for Existing Money Penalties (29 CFR Part 579); Civil Consent to Change an Accounting Method Bankruptcy Judgeships; to the Committee Money Penalties—Procedures for Assessing Provided in 1.263(a)–4 or –5’’ (Rev . Proc. 2005– on the Judiciary. and Contesting Penalties (29 CFR Part 580)’’ 9) received on December 31, 2004; to the Com- EC–73. A communication from the Deputy (RIN1215–AA09) received on December 17, mittee on Finance. Assistant Administrator, Drug Enforcement 2004; to the Committee on Health, Education, EC–61. A communication from the Acting Administration, Department of Justice, Labor, and Pensions. Chief, Internal Revenue Service, Department transmitting, pursuant to law, the report of EC–83. A communication from the Assist- of the Treasury, transmitting, pursuant to a rule entitled ‘‘Exemption from Control of ant Secretary, Employment and Training law, the report of a rule entitled ‘‘Services Certain Industrial Products and Materials Administration, Department of Labor, trans- by a Student that Qualify for the Exception derived from the Cannabis Plant’’ (RIN1117– mitting, pursuant to law, the report of a rule from Federal Insurance Contributions Act AA55) received on December 7, 2004; to the entitled ‘‘Labor Certification for the Perma- Tax’’ (Rev. Proc. 2005–11; 2005–2) received on Committee on the Judiciary. nent Employment of Aliens in the United January 3, 2005; to the Committee on Fi- EC–74. A communication from the Acting States; Implementation of New System’’ nance. Assistant Secretary, Department of State (RIN1205–AA66) received on January 3, 2005; EC–62. A communication from the Acting transmitting, pursuant to law, the report of to the Committee on Health, Education, Chief, Internal Revenue Service, Department a rule entitled ‘‘Documentation of Non- Labor, and Pensions. of the Treasury, transmitting, pursuant to immigrants Under the Immigration and Na- EC–84. A communication from the Regula- law, the report of a rule entitled ‘‘Applicable tionality Act, as Amended-Student and Ex- tions Coordinator, Food and Drug Adminis- Federal Rates—January 2005’’ (Rev. Rul. change Visitor Information System tration, Department of Health and Human 2005–102) received on January 3, 2005; to the (SEVIS)’’ received on December 8, 2004; to Services, transmitting, pursuant to law, the Committee on Finance. the Committee on the Judiciary. report of a rule entitled ‘‘Current Good Tis- EC–63. A communication from the Acting EC–75. A communication from the Assist- sue Practice for Human Cell, Tissue, and Cel- Chief, Internal Revenue Service, Department ant Chief, Regulations and Procedures Divi- lular and Tissue-Based Product Establish- of the Treasury, transmitting, pursuant to sion, Alcohol and Tobacco Tax and Trade Bu- ments; Inspection and Enforcement’’ (Doc. law, the report of a rule entitled ‘‘Notice: reau, transmitting, pursuant to law, the re- No. 1997N–484P) received on December 17, Fuel Tax Guidance; Request for Public Com- port of a rule entitled ‘‘Materials and Proc- 2004; to the Committee on Health, Education, ments’’ (Notice 2005–04) received on January esses Authorized for the Treatment of Wine Labor, and Pensions. 3, 2005; to the Committee on Finance. and Juice (2004R–517P)’’ (TD17) received on EC–85. A communication from the Regula- EC–64. A communication from the Acting December 8, 2004; to the Committee on Fi- tions Coordinator, Food and Drug Adminis- Chief, Internal Revenue Service, Department nance. tration, Department of Health and Human of the Treasury, transmitting, pursuant to EC–76. A communication from the Assist- Services, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Final Reg- ant Attorney General for Administration, report of a rule entitled ‘‘Establishment and

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S66 CONGRESSIONAL RECORD — SENATE January 6, 2005 Maintenance of Records Under the Public ation Regulations (Including 2 Regulations): SUBMISSION OF CONCURRENT AND Health Security and Bioterrorism Prepared- [CGD01–04–148], [CGD01–04–151]’’ (RIN1625– SENATE RESOLUTIONS ness and Response Act of 2002’’ (RIN0910– AA09) received on January 3, 2005; to the AC30) received on December 17, 2004; to the Committee on Commerce, Science, and The following concurrent resolutions Committee on Health, Education, Labor, and Transportation. and Senate resolutions were read, and Pensions. EC–95. A communication from the Chief, referred (or acted upon), as indicated: EC–86. A communication from the Direc- Regulations and Administrative Law, Coast By Mr. FRIST: tor, Regulations Policy Management Staff, Guard, transmitting, pursuant to law, the re- S. Res. 5. A resolution making majority Food and Drug Administration, transmit- port of a rule entitled ‘‘Safety Zone (Includ- party appointments to certain Senate com- ting, pursuant to law, the report of a rule en- ing 2 Regulations): [CGD13–04–044], [CGD09– mittees for the 109th Congress; considered titled ‘‘Advisory Committee: Change of 04–149]’’ (RIN1625–AA00) received on January and agreed to. Name and Function; Technical Amendment’’ 3, 2005; to the Committee on Commerce, By Mr. REID: received on November 22, 2004; to the Com- Science, and Transportation. S. Res. 6. A resolution making minority mittee on Health, Education, Labor, and EC–96. A communication from the Chief, party appointments to certain Senate com- Pensions. Regulations and Administrative Law, Coast mittees for the 109th Congress; considered EC–87. A communication from the Direc- Guard, transmitting, pursuant to law, the re- and agreed to. tor, Regulations Policy Management Staff, port of a rule entitled ‘‘Regulated Naviga- f Food and Drug Administration, transmit- tion Area: East Rockaway Inlet to Atlantic ting, pursuant to law, the report of a rule en- Beach Bridge, Nassau County, Long Island, SUBMITTED RESOLUTIONS titled ‘‘Food Additives Permitted in Food on New York [CGD01–04–152]’’ (RIN1625–AA11) an Interim Basis or in Contact with Food received on January 3, 2005; to the Com- Pending Additional Study; Mannitol’’ (Doc. mittee on Commerce, Science, and Transpor- SENATE RESOLUTION 5—MAKING No. 2004F–0066) received on December 8, 2004; tation. MAJORITY PARTY APPOINT- to the Committee on Health, Education, EC–97. A communication from the Program MENTS TO CERTAIN SENATE Labor, and Pensions. Analyst, Federal Aviation Administration, EC–88. A communication from the Direc- COMMITTEES FOR THE 109TH Department of Transportation, transmitting, tor, Regulations Policy Management Staff, CONGRESS pursuant to law, the report of a rule entitled Food and Drug Administration, transmit- ‘‘Modification of Class E Airspace; Mr. FRIST submitted the following ting, pursuant to law, the report of a rule en- Warrensburg, MO’’ (RIN2120–AA66) received resolution; which was considered and titled ‘‘Medical Devices; Clinical Chemistry on December 31, 2004; to the Committee on agreed to: and Clinical Toxicology devices; Classifica- Commerce, Science, and Transportation. tion of Newborn Screening Test Systems for Resolved, That not withstanding the provi- Amino Acids, Free Carnitine, and EC–98. A communication from the Program sions of Rule XXV, the following shall con- Acylcarnitines Using Mass Spectrometry’’ Analyst, Federal Aviation Administration, stitute the majority party’s membership on (Doc. No. 2004N–0482) received on December Department of Transportation, transmitting, the following standing committees for the 31, 2004; to the Committee on Health, Edu- pursuant to law, the report of a rule entitled One Hundred Ninth Congress, or until their cation, Labor, and Pensions. ‘‘Modification of Class E Airspace; Lex- successors are chosen: EC–89. A communication from the Direc- ington, MO’’ (RIN2120–AA66) received on De- COMMITTEE ON AGRICULTURE, NUTRI- tor, Regulations Policy Management Staff, cember 31, 2004; to the Committee on Com- TION, AND FORESTRY: Mr. Chambliss Food and Drug Administration, transmit- merce, Science, and Transportation. (Chairman), Mr. Lugar, Mr. Cochran, Mr. ting, pursuant to law, the report of a rule en- EC–99. A communication from the Program McConnell, Mr. Roberts, Mr. Talent, Mr. titled ‘‘Drug Labeling; Sodium Labeling for Analyst, Federal Aviation Administration, Thomas, Mr. Santorum, Mr. Coleman, Mr. Over-the-Counter Drugs’’ (RIN0910–AF50) re- Department of Transportation, transmitting, Crapo, Mr. Grassley. ceived on January 3, 2005; to the Committee pursuant to law, the report of a rule entitled COMMITTEE ON APPROPRIATIONS: Mr. on Health, Education, Labor, and Pensions. ‘‘Modification of Class E Airspace; Fremont, Cochran (Chairman), Mr. Stevens, Mr. Spec- EC–90. A communication from the Admin- NE’’ (RIN2120–AA66) received on December ter, Mr. Domenici, Mr. Bond, Mr. McConnell, istrator, Employment and Training Adminis- 31, 2004; to the Committee on Commerce, Mr. Burns, Mr. Shelby, Mr. Gregg, Mr. Ben- tration, Department of Labor, transmitting, Science, and Transportation. nett, Mr. Craig, Mrs. Hutchison, Mr. DeWine, pursuant to law, the report of a rule entitled EC–100. A communication from the Pro- Mr. Brownback, Mr. Allard. ‘‘Unemployment Insurance Program Letter: gram Analyst, Federal Aviation Administra- COMMITTEE ON ARMED SERVICES: Mr. SUTA Dumping—Amendments to Federal tion, Department of Transportation, trans- Warner (Chairman), Mr. McCain, Mr. Inhofe, Law Affecting the Federal-State Unemploy- mitting, pursuant to law, the report of a rule Mr. Roberts, Mr. Sessions, Ms. Collins, Mr. ment Compensation Program—Additional entitled ‘‘Modification of Class E Airspace; Ensign, Mr. Talent, Mr. Chambliss, Mr. Gra- Guidance’’ received on January 3, 2005; to the Burwell, NE’’ (RIN2120–AA66) received on De- ham, Mrs. Dole, Mr. Cornyn, Mr. Thune. Committee on Health, Education, Labor, and cember 31, 2004; to the Committee on Com- COMMITTEE ON BANKING, HOUSING, Pensions. merce, Science, and Transportation. AND URBAN AFFAIRS: Mr. Shelby (Chair- EC–91. A communication from the Assist- man), Mr. Bennett, Mr. Allard, Mr. Enzi, Mr. ant Secretary, Employee Benefits Security f Hagel, Mr. Santorum, Mr. Bunning, Mr. Administration, Department of Labor, trans- Crapo, Mr. Sununu, Mrs. Dole, Mr. Martinez. mitting, pursuant to law, the report of a rule COMMITTEE ON COMMERCE, SCIENCE, entitled ‘‘Mental Health Parity; Interim EXECUTIVE REPORTS OF AND TECHNOLOGY: Mr. Stevens (Chair- Final amendment to Regulation’’ (RIN1210– COMMITTEES man), Mr. McCain, Mr. Burns, Mr. Lott, Mrs. Hutchison, Ms. Snowe, Mr. Smith, Mr. En- AA62) received on January 3, 2005; to the The following executive reports of Committee on Health, Education, Labor, and sign, Mr. Allen, Mr. Sununu, Mr. DeMint, Pensions. committees were submitted: Mr. Vitter. EC–92. A communication from the Chief, By Mr. CHAMBLISS for the Committee on COMMITTEE ON ENERGY AND NAT- Regulations and Administrative Law, Coast Agriculture, Nutrition, and Forestry. URAL RESOURCES: Mr. Domenici (Chair- Guard, transmitting, pursuant to law, the re- *Mike Johanns, of Nebraska, to be Sec- man), Mr. Craig, Mr. Thomas, Mr. Alexander, port of a rule entitled ‘‘Safety zone Regula- retary of Agriculture. Ms. Murkowski, Mr. Burr, Mr. Martinez, Mr. tions (Including 4 regulations): [CGD05–04– By Mr. STEVENS for the Committee on Talent, Mr. Burns, Mr. Allen, Mr. Smith, Mr. 224], [COTP Western Alaska 04–001], [CGD13– Commerce, Science, and Transportation. Bunning. 04–043], [COTP Western Alaska 04–002]’’ Carlos M. Gutierrez, of Michigan, to be COMMITTEE ON ENVIRONMENT AND (RIN1625–AA00) received on January 3, 2005; Secretary of Commerce. PUBLIC WORKS: Mr. Inhofe (Chairman), Mr. to the Committee on Commerce, Science, By Mr. ENZI for the Committee on Health, Warner, Mr. Bond, Mr. Voinovich, Mr. and Transportation. Education, Labor, and Pensions. Chafee, Ms. Murkowski, Mr. Thune, Mr. EC–93. A communication from the Chief, *Margaret Spellings, of Texas, to be Sec- DeMint, Mr. Isakson, Mr. Vitter. COMMITTEE ON FINANCE: Mr. Grassley Regulations and Administrative Law, Coast retary of Education, Labor, and Pensions. Guard, transmitting, pursuant to law, the re- (Chairman), Mr. Hatch, Mr. Lott, Ms. Snowe, port of a rule entitled ‘‘Drawbridge Oper- *Nomination was reported with rec- Mr. Kyl, Mr. Thomas, Mr. Santorum, Mr. ation Regulation (Including 2 regulations): ommendation that it be confirmed sub- Frist, Mr. Smith, Mr. Bunning, Mr. Crapo. [CGD05–04–223], [CGD08–04–040]’’ (RIN1625– ject to the nominee’s commitment to COMMITTEE ON FOREIGN RELATIONS: AA09) received on January 3, 2005; to the respond to requests to appear and tes- Mr. Lugar (Chairman), Mr. Hagel, Mr. Committee on Commerce, Science, and tify before any duly constituted com- Chafee, Mr. Allen, Mr. Coleman, Mr. Voino- Transportation. mittee of the Senate. vich, Mr. Alexander, Mr. Sununu, Ms. Mur- EC–94. A communication from the Chief, kowski, Mr. Martinez. Regulations and Administrative Law, Coast (Nominations without an asterisk COMMITTEE ON HEALTH, EDUCATION, Guard, transmitting, pursuant to law, the re- were reported with the recommenda- LABOR, AND PENSIONS: Mr. Enzi (Chair- port of a rule entitled ‘‘Drawbridge Oper- tion that they be confirmed. man), Mr. Gregg, Mr. Frist, Mr. Alexander,

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 6, 2005 CONGRESSIONAL RECORD — SENATE S67 Mr. Burr, Mr. Isakson, Mr. DeWine, Mr. En- (Ranking Member), Mr. Dodd, Mr. Johnson, AUTHORITY FOR COMMITTEES TO sign, Mr. Hatch, Mr. Sessions, Mr. Roberts. Mr. Reed, Mr. Schumer, Mr. Bayh, Mr. Car- MEET COMMITTEE ON HOMELAND SECURITY per, Ms. Stabenow, and Mr. Corzine. AND GOVERNMENTAL AFFAIRS: Ms. Col- COMMITTEE ON AGRICULTURE, NUTRITION, AND COMMITTEE ON COMMERCE, SCIENCE, FORESTRY lins (Chairman), Mr. Stevens, Mr. Voinovich, AND TRANSPORTATION: Mr. Inouye Mr. MCCONNELL. Mr. President, I Mr. Coleman, Mr. Coburn, Mr. Chafee, Mr. (Ranking Member), Mr. Rockefeller, Mr. Bennett, Mr. Domenici, Mr. Warner. Kerry, Mr. Dorgan, Mrs. Boxer, Mr. Nelson of ask unanimous consent that the Com- SELECT COMMITTEE ON INTEL- Florida, Ms. Cantwell, Mr. Lautenberg, Mr. mittee on Agriculture, Nutrition, and LIGENCE: Mr. Roberts (Chairman), Mr. Nelson of Nebraska, and Mr. Pryor. Forestry be authorized to conduct a Hatch, Mr. DeWine, Mr. Bond, Mr. Lott, Ms. hearing during the session of the Sen- Snowe, Mr. Hagel, Mr. Chambliss, Mr. War- COMMITTEE ON ENERGY AND NAT- ner (ex officio). URAL RESOURCES: Mr. Bingaman (Rank- ate on Thursday, January 6, 2005. The COMMITTEE ON THE JUDICIARY: Mr. ing Member), Mr. Akaka, Mr. Dorgan, Mr. purpose of this meeting will be to re- Specter (Chairman), Mr. Hatch, Mr. Grass- Wyden, Mr. Johnson, Ms. Landrieu, Mrs. view the nomination of Mr. Michael ley, Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. Feinstein, Ms. Cantwell, Mr. Corzine, and Owen Johanns to be Secretary of Agri- Graham, Mr. Cornyn, Mr. Brownback, Mr. Mr. Salazar. culture for the United States Depart- Coburn. COMMITTEE ON ENVIRONMENT AND ment of Agriculture. SPECIAL COMMITTEE ON AGING: Mr. PUBLIC WORKS: Mr. Jeffords (Ranking The PRESIDING OFFICER. Without Smith (Chairman), Mr. Shelby, Ms. Collins, Member), Mr. Baucus, Mr. Lieberman, Mrs. objection, it is so ordered. Mr. Talent, Mrs. Dole, Mr. Martinez, Mr. Boxer, Mr. Carper, Mrs. Clinton, Mr. Lauten- COMMITTEE ON COMMERCE, SCIENCE, AND Craig, Mr. Santorum, Mr. Burns, Mr. Alex- berg, and Mr. Obama. ander, Mr. DeMint. TRANSPORTATION COMMITTEE ON THE BUDGET: Mr. Gregg COMMITTEE ON FINANCE: Mr. Baucus Mr. MCCONNELL. Mr. President, I (Chairman), Mr. Domenici, Mr. Grassley, Mr. (Ranking Member), Mr. Rockefeller, Mr. ask unanimous consent that the Com- Allard. Mr. Enzi. Mr. Sessions, Mr. Bunning, Conrad, Mr. Jeffords, Mr. Bingaman, Mr. mittee on Commerce, Science, and Mr. Crapo, Mr. Ensign, Mr. Cornyn, Mr. Kerry, Mrs. Lincoln, Mr. Wyden and Mr. Transportation be authorized to meet Schumer. Alexander, Mr. Graham. on Thursday, January 6, 2005, imme- SELECT COMMITTEE ON ETHICS: Mr. COMMITTEE ON FOREIGN RELATIONS: diately following the first vote. The Voinovich (Chairman), Mr. Roberts, Mr. Mr. Biden (Ranking Member), Mr. Sarbanes, Senators will assemble in front of the Thomas. Mr. Dodd, Mr. Kerry, Mr. Feingold, Mrs. COMMITTEE ON INDIAN AFFAIRS: Mr. Boxer, Mr. Nelson of Florida, and Mr. President’s Room on the nomination of McCain (Chairman), Mr. Thomas, Ms. Mur- Obama. Carlos Gutierrez to be Secretary of the kowski, Mr. Coburn, Mr. Domenici, Mr. Department of Commerce. COMMITTEE ON HEALTH, EDUCATION, Smith, Mr. Crapo, Mr. Burr. The PRESIDING OFFICER. Without LABOR, AND PENSIONS: Mr. Kennedy JOINT ECONOMIC COMMITTEE: Mr. Ben- objection, it is so ordered. nett (Vice-Chairman), Mr. Brownback, Mr. (Ranking Member), Mr. Dodd, Mr. Harkin, COMMITTEE ON HEALTH, EDUCATION, LABOR, Sununu, Mr. DeMint, Mr. Sessions, Mr. Cor- Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, AND PENSIONS nyn. Mrs. Murray, Mr. Reed, and Mrs. Clinton. COMMITTEE ON RULES AND ADMINIS- COMMITTEE ON HOMELAND SECURITY Mr. MCCONNELL. Mr. President, I TRATION: Mr. Lott (Chairman), Mr. Ste- AND GOVERNMENTAL AFFAIRS: Mr. Lie- ask unanimous consent that the Com- vens, Mr. McConnell, Mr. Cochran, Mr. berman (Ranking Member), Mr. Levin. Mr. mittee on Health, Education, Labor, Santorum, Mr. Frist, Mr. Chambliss, Mrs. Akaka, Mr. Carper, Mr. Dayton, Mr. Lauten- and Pensions be authorized to meet for Hutchison, Mr. Bennett, Mr. Hagel. berg. and Mr. Pryor. the hearing on the Presidential nomi- COMMITTEE ON SMALL BUSINESS AND COMMITTEE ON THE JUDICIARY: Mr. nation of Margaret Spellings to be Sec- ENTREPRENEURSHIP: Ms. Snowe (Chair- Leahy (Ranking Member), Mr. Kennedy, Mr. retary of Education during the session man), Mr. Bond, Mr. Burns, Mr. Allen, Mr. Biden, Mr. Kohl, Mrs. Feinstein, Mr. Fein- of the Senate on Thursday, January 6, Coleman, Mr. Thune, Mr. Isakson, Mr. Vit- gold, Mr. Schumer, and Mr. Durbin. ter, Mr. Enzi, Mr. Cornyn. at 10 a.m., in SD–430. COMMITTEE ON VETERANS’ AFFAIRS: COMMITTEE ON RULES AND ADMINIS- The PRESIDING OFFICER. Without Mr. Craig (Chairman), Mr. Specter, Mrs. TRATION: Mr. Dodd (Ranking Member), Mr. objection, it is so ordered. Hutchison, Mr. Graham, Mr. Burr, Mr. En- Byrd, Mr. Inouye, Mrs. Feinstein. Mr. Schu- COMMITTEE ON THE JUDICIARY sign, Mr. Thune, Mr. Isakson. mer, Mr. Dayton, Mr. Durbin and Mr. Nelson Mr. MCCONNELL. Mr. President, I of Nebraska. ask unanimous consent that the Com- SENATE RESOLUTION 6—MAKING COMMITTEE ON SMALL BUSINESS AND mittee on the Judiciary be authorized MINORITY PARTY APPOINT- ENTREPRENEURSHIP: Mr. Kerry (Ranking to meet to conduct a hearing on Thurs- MENTS TO CERTAIN SENATE Member), Mr. Levin, Mr. Harkin, Mr. Lieber- day, January 6, 2005, at 9:30 a.m., on COMMITTEES FOR THE 109TH man, Ms. Landrieu, Ms. Cantwell, Mr. Bayh, and Mr. Pryor. the nomination of The Honorable CONGRESS Alberto R. Gonzales, Counsel to Presi- COMMITTEE ON VETERANS’ AFFAIRS: dent George W. Bush, to be the Attor- Mr. REID submitted the following Mr. Akaka (Ranking Member), Mr. Rocke- resolution; which was considered and feller, Mr. Jeffords, Mrs. Murray, Mr. Obama ney General of the United States. The agreed to: and Mr. Salazar. hearing will take place in the Hart Senate Office Building Room 216. Resolved, That notwithstanding the provi- SPECIAL COMMITTEE ON AGING: Mr. sions of rule XXV, the following shall con- Kohl (Ranking Member), Mr. Jeffords, Mr. Witness List stitute the minority party’s membership on Feingold, Mr. Wyden, Mrs. Lincoln, Mr. the following standing committees for the Bayh, Mr. Carper, Mr. Nelson of Florida, and Panel I: The Honorable 109th Congress, or until their successors are Mrs. Clinton. and the Honorable Ken Salazar. chosen: Panel II: The Honorable Alberto R. COMMITTEE ON THE BUDGET: Mr. Con- COMMITTEE ON AGRICULTURE, NUTRI- Gonzales, Counsel to President George rad (Ranking Member), Mr. Sarbanes, Mrs. TION, AND FORESTRY: Mr. Harkin (Rank- Murray, Mr. Wyden, Mr. Feingold, Mr. John- W. Bush, Washington, DC. ing Member); Mr. Leahy, Mr. Conrad, Mr. son, Mr. Byrd, Mr. Nelson of Florida, Ms. Panel III: Admiral John D. Hutson, Baucus, Mrs. Lincoln. Ms. Stabenow, Mr. Stabenow, and Mr. Corzine. Ret. USN, President and Dean, Frank- Nelson of Nebraska, Mr. Dayton, and Mr. lin Pierce Law Center, Concord, NH; Salazar. SELECT COMMITTEE ON ETHICS: Mr. COMMITTEE ON APPROPRIATIONS: Mr. Johnson (Vice Chairman), Mr. Akaka, and Mr. , Dean, Yale Byrd (Ranking Member), Mr. Inouye, Mr. Mr. Pryor. Law School, New Haven, CT; and Mr. Leahy, Mr. Harkin, Ms. Mikulski, Mr. Reid, COMMITTEE ON INDIAN AFFAIRS: Mr. Douglas A. Johnson, Executive Direc- Mr. Kohl, Mrs. Murray, Mr. Dorgan. Mrs. Dorgan (Vice Chairman), Mr. Inouye, Mr. tor, Center of Victims of Torture, Min- Feinstein, Mr. Durbin, Mr. Johnson, and Ms. Conrad, Mr. Akaka, Mr. Johnson, and Ms. neapolis, MN. Landrieu. Cantwell. The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES: Mr. objection, it is so ordered. Levin (Ranking Member), Mr. Kennedy, Mr. SELECT COMMITTEE ON INTEL- Byrd, Mr. Lieberman, Mr. Reed, Mr. Akaka, LIGENCE: Mr. Rockefeller (Vice Chairman), f Mr. Nelson of Florida, Mr. Nelson of Ne- Mr. Levin, Mrs. Feinstein, Mr. Wyden, Mr. Bayh, Ms. Mikulski, and Mr. Corzine. NOTICE: REGISTRATION OF MASS braska, Mr. Dayton, Mr. Bayh, and Mrs. MAILINGS Clinton. JOINT ECONOMIC COMMITTEE: Mr. COMMITTEE ON BANKING, HOUSING, Reed, Mr. Kennedy, Mr. Sarbanes, and Mr. The filing date for 2004 fourth quarter AND URBAN AFFAIRS: Mr. Sarbanes Bingaman. mass mailings is Tuesday, January 25,

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S68 CONGRESSIONAL RECORD — SENATE January 6, 2005 2005. If your office did no mass mailings I further ask that following the pray- To be colonel during this period, please submit a er and the pledge, the morning hour be WILLIAM R. LAURENCE, JR., 0000 form that states ‘‘none.’’ deemed to have expired, the Journal of THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mass mailing registrations, or nega- the proceedings be approved to date, TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., tive reports, should be submitted to the Senate then proceed to a period of SECTIONS 624, AND 3064: the Senate Office of Public Records, 232 morning business with Senators per- To be colonel Hart Building, Washington, DC 20510– mitted to speak therein for up to 10 MEGAN K. MILLS, 0000 7116. minutes each. LINDA L. ROWBOTHAM, 0000 THERESA M. SCHNEIDER, 0000 The Public Records office will be The PRESIDING OFFICER. Without LOUIS H. SMITH III, 0000 open from 9 a.m. to 5:30 p.m. on the fil- objection, it is so ordered. MARIA A. WORLEY, 0000 ing date to accept these fillings. For Mr. MCCONNELL. Mr. President, this THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT further information, please contact the order allows that once the electoral TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS Public Records office at (202) 224–0322. vote counting is complete and the joint 624 AND 3064: The PRESIDING OFFICER. The Sen- session is dissolved, we will adjourn To be colonel ator from Kentucky is recognized. until 3 p.m. on January 20. TIMOTHY K. ADAMS, 0000 As a reminder, January 20 is the date MARGARET N. CARTER, 0000 f MARK B. GOLD, 0000 of the inauguration. We will convene JOHN L. POPPE, 0000 CONDITIONAL ADJOURNMENT OF later that day following the swearing THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE HOUSE AND CONDITIONAL in of the President and the Vice Presi- TO THE GRADE INDICATED IN THE RESERVE OF THE RECESS OR ADJOURNMENT OF dent. We expect to consider one or ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE SENATE more of the President’s nominations on To be colonel C that day and, therefore, rollcall votes JOSEPH W. BURCKEL, 0000 Mr. M CONNELL. Mr. President, I FRANK J. MISKENA, 0000 ask unanimous consent that the Sen- are expected. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate now proceed to the consideration of With that said, we will now wait for TO THE GRADE INDICATED IN THE RESERVE OF THE H. Con. Res. 2, the adjournment resolu- the message for us to return to the ARMY UNDER TITLE 10, U.S.C., SECTION 12203: tion, provided that the concurrent res- House Chamber. To be colonel olution be agreed to, and the motion to f FRANK J. MISKENA, 0000 reconsider be laid upon the table. RECESS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. Without TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. Mr. MCCONNELL. Mr. President, I To be colonel The concurrent resolution (H. Con. ask unanimous consent that the Sen- Res. 2) was agreed to, as follows: ate stand in recess, awaiting word from ROSA L. HOLLISBIRD, 0000 the House of Representatives that it is KINLEY W. HOWARD, 0000 H. CON. RES. 2 BRENT P. NIXON, 0000 ready to receive the Senate. DEBORAH A. ROMAN, 0000 Resolved by the House of Representatives (the BRIAN L. SOMBERG, 0000 Senate concurring), That when the House ad- There being no objection, the Senate, MARK STILING, 0000 at 3:12 p.m, recessed until 5:05 p.m., to MICHAEL T. TRAVIS, 0000 journs on the legislative day of Thursday, BETH A. ZIMMER, 0000 January 6, 2005, on a motion offered pursuant reassembled in the House of Represent- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT to this concurrent resolution by its Majority atives to continue the joint session. TO THE GRADE INDICATED IN THE RESERVE OF THE Leader or his designee, it stand adjourned Whereupon, at 5:20 p.m. the Senate ARMY UNDER TITLE 10, U.S.C., SECTION 12203: until 10 a.m. on Thursday, January 20, 2005, adjourned, according to the provisions To be colonel or until the time of any reassembly pursuant of H. Con. Res. 2, until Thursday, Janu- BRUCE A. MULKEY, 0000 to section 2 of this concurrent resolution, ary 20, 2005, at 3 p.m. JEROME F. STOLINSKI, JR., 0000 whichever occurs first; that when the House f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT adjourns on the legislative day of Thursday, TO THE GRADE INDICATED IN THE RESERVE OF THE January 20, 2005, it stand adjourned until 2 NOMINATIONS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: p.m. on Tuesday, January 25, 2005, or until To be colonel the time of any reassembly pursuant to sec- Executive nominations received by MATTHEW R. SEGAL, 0000 tion 2 of this concurrent resolution, which- the Senate January 6, 2005: ever occurs first; and that when the Senate THE FOLLOWING NAMED ARMY NATIONAL GUARD OF IN THE NAVY THE UNITED STATES OFFICERS FOR APPOINTMENT TO recesses or adjourns on Thursday, January 6, THE GRADE INDICATED IN THE RESERVE OF THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: 2005, or Friday, January 7, 2005, on a motion IN THE UNITED STATES NAVY TO THE GRADE INDICATED offered pursuant to this concurrent resolu- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be colonel tion by its Majority Leader or his designee, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CASANOVA C. OCHOA, 0000 it stand recessed or adjourned until noon on To be vice admiral CHARLES R. PLATT, 0000 Thursday, January 20, 2005, or at such other REAR ADM. TERRANCE T. ETNYRE, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF time on that day as may be specified by its IN THE ARMY THE UNITED STATES OFFICERS FOR APPOINTMENT TO Majority Leader or his designee in the mo- THE GRADE INDICATED IN THE RESERVE OF THE ARMY tion to recess or adjourn, or until the time of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel any reassembly pursuant to section 2 of this UNDER TITLE 10, U.S.C., SECTION 624: concurrent resolution, whichever occurs To be colonel KENNETH R. GREENE, 0000 first. WILLIAM F. ROY, 0000 ROBERT A. LOVETT, 0000 SEC. 2. The Speaker of the House and the THE FOLLOWING NAMED ARMY NATIONAL GUARD OF Majority Leader of the Senate, or their re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICER FOR APPOINTMENT TO TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE GRADE INDICATED IN THE RESERVE OF THE ARMY spective designees, acting jointly after con- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: sultation with the Minority Leader of the UNDER TITLE 10, U.S.C., SECTION 624: To be colonel House and the Minority Leader of the Sen- To be lieutenant colonel ate, shall notify the Members of the House MARTIN POFFENBERGER, JR., 0000 JAMES E. FERRANDO, 0000 MARY J. FORBES, 0000 and the Senate, respectively, to reassemble THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILTON S. GORSKE, 0000 at such place and time as they may des- TO THE GRADE INDICATED IN THE UNITED STATES ARMY ELIZABETH H. HINES, 0000 ignate whenever, in their opinion, the public UNDER TITLE 10, U.S.C., SECTION 624: ROBERT P. NELSON, JR., 0000 interest shall warrant it. To be lieutenant colonel TERRY R. SOPHER, JR., 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF f TIMOTHY D. MITCHELL, JR., 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY ORDERS FOR THURSDAY, TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JANUARY 20, 2005 UNDER TITLE 10, U.S.C., SECTION 624: To be colonel To be lieutenant colonel Mr. MCCONNELL. Mr. President, I BILLY J. BLANKENSHIP, 0000 WILLIAM F. BITHER, 0000 MARK F. BURKE, 0000 ask unanimous consent that when the JAMES R. OLIVER, 0000 DARRELL L. BUTTERS, 0000 joint session is dissolved, the Senate PAUL J. RAMSEY, JR., 0000 EDWARD K. CHUN FAT, JR., 0000 JOHN L. CRAFT, 0000 stand adjourned under the provisions of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEITH R. DANIEL, 0000 H. Con. Res. 2 until 3 p.m., Thursday, TO THE GRADE INDICATED IN THE UNITED STATES ARMY PATRICK M. HAMILTON, 0000 MEDICAL CORPS AND FOR REGULAR APPOINTMENT RANDAL G. MARTIN, 0000 January 20, 2005. UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: WILLIAM J. ONEILL, 0000

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THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CHARLES S LAMBERT, 0000 CHRISTOPHER J OBRIEN, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO NORMAN R LARSON, 0000 CHARLES N PEDE, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOY A LEAPHEART, 0000 SHARON E RILEY, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STEPHEN B LEISENRING, 0000 LISA M SCHENCK, 0000 BRUCE D LEWIS, 0000 DAVID S SHUMAKE, 0000 To be colonel DAVID E LOCKHART, 0000 FRED P TAYLOR, 0000 ROBERT A LOVETT, 0000 SUSAN D TIGNER, 0000 MARK E. COERS, 0000 MARK MALATESTA, 0000 MARK W TOOLE, 0000 ROBERT J. COY, 0000 TUCKER B MANSAGER, 0000 KEITH C WELL, 0000 JAMES C. ERNST, 0000 GENE W MCCONVILLE, 0000 JAMES M. KENNEDY, 0000 JOHN J MCGUINESS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN J. LOKENSGARD, 0000 FRANK R MOLINARI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRYAN D. MEYERS, 0000 RAYMOND H NULK, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN JACKIE L. REAVES, 0000 DAVID W PHARES, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND SIMSUNDARETH S. TAN, 0000 CHRISTOPHER M RASMUSSEN, 0000 531: RICHARD A. WEAVER, 0000 KEVIN E RICHARDS, 0000 To be colonel THE FOLLOWING NAMED ARMY NATIONAL GUARD OF EHRICH D ROSE, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO RICHARD T SHIPE, 0000 RONALD P ALBERTO, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY NEWMAN D SHUFFLEBARGER, 0000 THOMAS R ANDERSON, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: EUGENE W SKINNER, JR, 0000 PERI A ANEST, 0000 STEVEN M SOUCEK, 0000 JOHN E ANGEVINE, 0000 To be colonel CHRISTOPHER J TONE, 0000 DIONYSIOS ANNINOS, 0000 LEE J WHITESIDE, 0000 JOEL R ARMSTRONG, 0000 JEFFREY T. ALTDORFER, 0000 MICHAEL E WILLIAMSON, 0000 KNOWLES Y ATCHISON, 0000 MICHAEL R. BRESNAHAN, 0000 JEFFREY K WILSON, 0000 CARL G AYERS, 0000 MICHAEL J. CARLSON, 0000 HUBERT E BAGLEY, JR, 0000 KIMBERLY A. DILLON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID P BAGNATI, 0000 JAMES E. KEIGHLEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY SHARON H BAKER, 0000 KEITH A. MABRY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ROBERT S BALLEW, 0000 GREGG L. RILEY, 0000 To be colonel JEFFREY L BANNISTER, 0000 JOSEPH E. ROONEY, 0000 THOMAS H BARTH, 0000 MICHAEL J ARINELLO, 0000 JOSEPH A BASSANI, JR, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PHILIP F BATTAGLIA, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DANIEL L BAGGIO, 0000 JAMES E BARRINEAU, 0000 KEVIN M BATULE, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY MARLON K BECK, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STEVEN A BECKMAN, 0000 WILLIAM D BLACKLEDGE, 0000 ERIC R BELCHER, 0000 To be colonel WILLIAM M COSTELLO, 0000 MICHAEL S BELL, 0000 TODD E DAY, 0000 HENRY W BENNETT, 0000 DAVID C. BARNHILL, 0000 RALPH W HARRIS, 0000 SCOTT D BERRIER, 0000 PETER Y. LEE, 0000 HENRY L HUNTLEY, 0000 LUIGI E BIEVER, 0000 TIMOTHY M. MCKEITHEN, 0000 JOHN P JENKS, 0000 RAYMOND L BINGHAM, 0000 KENNETH B. SMITH, 0000 GARY E LANGSTON, JR, 0000 JOHN J BIRD, 0000 JOHN G LEVINE, 0000 DAVID M BLACKBURN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAN BLAND, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO PATRICK H MACKIN, 0000 GARY M MCANDREWS, 0000 JERRY L BLIXT, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JAMES C BOISSELLE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CLARENCE A MEADE, 0000 WAYNE A PARKS, 0000 ROBERT J BOTTERS, JR, 0000 To be colonel CHARLES E PHILLIPS, JR, 0000 ANDREW W BOWES, 0000 RORY R RADOVICH, 0000 WILLIAM W BRALEY, SR, 0000 DAVID B. ENYEART, 0000 JOSEPH D RICHARD, 0000 CURT R BRANDT, 0000 ANDREW G RILEY, 0000 PAUL W BRICKER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ROBERT S BRIDGFORD, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO ROSS V ROMEO, 0000 RICHARD A SCHANTZ, 0000 TODD A BUCHS, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DOROTHEA M BURKE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RICKY R SIMS, 0000 BRUCE G SMITH, 0000 RODERICK BURKE, SR, 0000 To be colonel ROBERT P SMITH, JR, 0000 DAVID R BYRN, SR, 0000 LAURI J SNIDER, 0000 PAUL P CALE, 0000 DAVID A. GREENWOOD, 0000 DAVID B TAYLOR, 0000 MARK E CALVERT, 0000 JAMES E WHALEY III, 0000 FRANCIS J CAPONIO, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DOMINIC J CARACCILO, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN P CARNEY, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES E CASHWELL, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: UNDER TITLE 10, U.S.C., SECTION 624: JOHN W CHARLTON, 0000 To be colonel To be colonel JERRY S CHASTAIN, 0000 MICHAEL W CHILDERS, 0000 SANDRA W. DITTIG, 0000 DONNA A ALBERTO, 0000 ROBERT E CHOPPA, 0000 MANUEL APONTE, JR, 0000 MICHAEL J CHRISTIAN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PHILIP F BEAVER, 0000 ARMON A CIOPPA, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO DONNA M BRAZIL, 0000 DAVID J CLARK, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRENT B BREDEHOFT, 0000 RICHARD D CLARKE, JR, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TYRONE K BROWN, 0000 MICHAEL N CLAWSON, 0000 To be colonel CARLTON A BUCHANAN, 0000 ERIC G CLAYBURN, 0000 CURTIS A CARVER, JR, 0000 TRACY A CLEAVER, 0000 JOHN M. OWINGS, JR., 0000 GREGORY L DANIELS, 0000 HARRY L COHEN, 0000 KIRK A DAVIS, 0000 THERESA D COLES, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAVID P DOLPH, 0000 KATHERINE M COOK, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO JOHN F EICHLER, 0000 ALFRED CORBIN, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JAMES J GALVIN, JR, 0000 BRUCE A CORDELLI, SR, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TROY P KRAUSE, 0000 MARIO CORONEL, 0000 To be colonel BOBBY L LIPSCOMB, JR, 0000 CHRISTOPHER P COSTA, 0000 SAVERIO M MANAGO, 0000 CRAIG S COTTER, 0000 DANIEL J. BUTLER, 0000 JAMES C MARKLEY, 0000 DAVID G COTTER, 0000 G S MCCONNELL, 0000 WILLIAM J * COULTRUP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEANETTE M MCMAHON, 0000 THOMAS H COWAN, JR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY RAYMOND C NELSON, 0000 HARVEY L CROCKETT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN E PHELAN, 0000 CLIFFORD D CROFFORD, JR, 0000 To be colonel ROBERT G PHELAN, JR, 0000 MICHAEL E CULPEPPER, 0000 MICHAEL D PHILLIPS, 0000 DANIEL J CUMMINGS, 0000 PETER W AUBREY, 0000 THOMAS P REILLY, 0000 LAUREL D CUNNANE, 0000 JACQUES A AZEMAR, 0000 MARK A RICCIO, 0000 GREG W CUSIMANO, 0000 JAMES D BASS, 0000 EDGAR K RUGENSTEIN, 0000 ANTHONY F DASKEVICH II, 0000 JOSEPH L BASS, 0000 KEVIN L SMITH, 0000 JOHN J DAUGIRDA, 0000 CYNTHIA M BEDELL, 0000 LEON I SMITH IV, 0000 WILLIAM E DAVID, 0000 ALLEN L BORGARDTS, 0000 DAVID M THIEDE, 0000 JAMES W DAVIS, 0000 THOMAS H BRYANT, 0000 TIMOTHY E TRAINOR, 0000 JIMMY D DAVIS, 0000 JOHNNY R BULLINGTON, 0000 DWIGHT D WATKINS, 0000 MARK A DAVIS, 0000 KYLE T BURKE, 0000 THEODORE S WESTHUSING, 0000 PHILIP D DECAMP, 0000 BRIAN J BUTCHER, 0000 DOUGLAS A WILD, 0000 PETER A DELUCA, 0000 CALVIN T CARLSEN, 0000 WADE F DENNIS, 0000 ROBERT C CARPENTER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT YOLANDA C DENNISLOWMAN, 0000 JON E CHICKY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY WAYNE L DETWILER, JR, 0000 KEVIN D CLARK, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, KENNETH W DEVAN, 0000 DANIEL T COTTRELL, 0000 U.S.C., SECTIONS 624 AND 3064: JOSEPH J DICHAIRO, 0000 JOHN L CUNNANE, 0000 To be colonel WILLIAM T DOLAN, 0000 DANIEL J FAGUNDES, 0000 MICHAEL J DONOVAN, 0000 JAMES P FLETCHER, 0000 SCOTT W ARNOLD, 0000 JAMES P DRAGO, JR, 0000 MARK R FRANKLIN, 0000 GREGORY B COE, 0000 MARK E DRAKE, 0000 DONALD V GIBSON, 0000 DAVID L CONN, 0000 JOHN D DROLET, 0000 MARK W GILLETTE, 0000 FLORA D DARPINO, 0000 JOHN E DUMOULIN, JR, 0000 PATRICK F GILLIS, 0000 JAMES J DILIBERTI, 0000 JOE D DUNAWAY, 0000 RICHARD S GIRVEN, 0000 CHARLES L GREEN, 0000 JERRY L EGBERT, 0000 LINDA L GOULD, 0000 RANDALL L KEYS, 0000 MICHAEL E ERDLEY, 0000 WARREN P GUNDERMAN, 0000 JERRY J LINN, 0000 MARK W ERWIN, 0000 WILLIAM D HUGGINS, JR, 0000 MARK S MARTINS, 0000 JOE E ETHRIDGE, JR, 0000 THEODORE L JENNINGS, 0000 JEFFREY C MCKITRICK, 0000 SCOTT D FABOZZI, 0000 LAWRENCE J KINDE, 0000 MICHAEL W MEIER, 0000 JESSIE O FARRINGTON, 0000 WILLIAM L LAMB, 0000 JOHN W MILLER II, 0000 THOMAS H FELTS, 0000

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HOWARD R FERGUSON, 0000 MICHAEL M MILLS, 0000 STEVEN G WOODS, 0000 PATRICK L FETTERMAN, 0000 MICHAEL T MINYARD, 0000 STEPHEN G YACKLEY, 0000 JOHN R FISHER, 0000 STEVEN T MITCHELL, 0000 ANDREW C YEE, 0000 CHARLES A FLYNN, 0000 ARNOLD P MONTGOMERY, 0000 DENNIS O YOUNG, 0000 ROY W FOX, 0000 MICHAEL T MOON, 0000 SCOTT D ZEGLER, 0000 GEORGE J FRANZ III, 0000 BRIAN P MOORE, 0000 WILLIAM E ZELLER, 0000 JOSEPH J FRAZIER, 0000 ROBBIE L MOSLEY, 0000 X0000 KRISTIN K FRENCH, 0000 LAWRENCE G MROZINSKI, 0000 X0000 LEONARD T GADDIS, JR, 0000 PETER W MUELLER, 0000 X0000 JOE E GALLAGHER, 0000 DARRYL G MURCH, 0000 X0000 GERALD E GALLOWAY III, 0000 MICHAEL W MURFEE, 0000 DUANE A GAMBLE, 0000 THOMAS J MURPHY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH D GANTT, 0000 PAUL M NAKASONE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY GREGORY L GARDNER, 0000 YVETTE D NONTE, 0000 MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- GEORGE GECZY III, 0000 ROBERT K NYE, 0000 MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, CHRISTOPHER P GEHLER, 0000 JOHN R OCONNOR, 0000 U.S.C., SECTIONS 624, 531, AND 3064: DEBORAH L GEIGER, 0000 MARK A OLINGER, 0000 To be colonel DANIEL M GEORGI, 0000 REYNOLD F PALAGANAS, 0000 EARL S GLASCOCK, 0000 EDMUND J PALEKAS, 0000 PAUL T BARTONE, 0000 RYAN F GONSALVES, 0000 TIMOTHY D PARKS, 0000 KENNETH G CANESTRINI, 0000 TIMOTHY C GORRELL, 0000 DAVID G PASCHAL, 0000 LARRY L * CONWAY, 0000 HEIDI H GRAHAM, 0000 RICHARD M PASTORE, JR, 0000 JOHN P COOK, 0000 RAY A GRAHAM, JR, 0000 FREDERICK D PELLISSIER, 0000 LAURIE A CUMMINGS, 0000 TOBIN L GREEN, 0000 FRANK G PENHA, 0000 RAFAEL E DEJESUS, 0000 ROGER K GRIFFIN, 0000 DENNIS A PERKINS, 0000 KENNETH J FOPPIANO, 0000 DAVID M GRIFFITH, 0000 LAWRENCE P PHELPS, 0000 RICHARD A GULLICKSON, 0000 JAMES E GRIFFITH, 0000 BOBBY R PINKSTON, 0000 DONALD E HALL, 0000 GREGG E GROSS, 0000 RICHARD G PISCAL, 0000 CURTIS S HANSEN, 0000 PAUL L GROSSKRUGER, 0000 MICHAEL E PLAYER, 0000 DAN E HARMS, 0000 STEVEN R GROVE, 0000 DOMINIC E POMPELIA, JR, 0000 DUANE N HILL, 0000 THOMAS P GUTHRIE, 0000 BARRYE L PRICE, 0000 REGINALD W HOWARD, 0000 CHRISTOPHER K HAAS, 0000 MICHELE M PUTKO, 0000 CAROL W LABADIE, 0000 RALPH W HADDOCK, 0000 VALERIE W RATLIFF, 0000 THOMAS J LITTLE, JR, 0000 GREGORY L HAGER, 0000 CURT A RAUHUT, 0000 JOSE L LOPEZ, 0000 BRIAN P HAMILTON, 0000 DIANA A RAYNOR, 0000 DAVID L MACDONALD, 0000 JOHN T HANSEN, 0000 ROBERT F RHODES, 0000 MICHAEL S MCDONALD, 0000 DENNIS P HARBER, 0000 KENNETH H RIDDLE, 0000 RICHARD S MITCHELL, 0000 JOHN D HARDING, JR, 0000 JAMES G RILEY, 0000 TIMOTHY J MOORE, 0000 CHARLES K HARDY, 0000 JOHN S RISCASSI, 0000 KELVIN B OWENS, 0000 ROBERT H HARMS, 0000 JAMES E RISELEY, 0000 ELAINE S PERRY, 0000 JOHN C HARRISON, 0000 STEVEN W RISLEY, 0000 LEON L ROBERT, 0000 DAMIAN J HEANEY, 0000 CHRISTOPHER L ROBERTSON, 0000 FRANKLIN D ROWLAND, JR, 0000 PERRY HELTON, 0000 JOSE ROBLESMALDONADO, 0000 PATRICK D SARGENT, 0000 TERENCE J HERMANS, 0000 DAVID RODRIGUEZ, 0000 JAMES A SIGNAIGO, 0000 WILLIAM B HICKMAN, 0000 MATTHEW H RUSSELL, 0000 DAWN M SMITH, 0000 JOHN B HILDEBRAND, 0000 ANTHONY SABB, 0000 BARBARA J STANSFIELD, 0000 TIMOTHY P HILL, 0000 DAVID G SAGE, 0000 ROBERT L STEWART, 0000 JAY T HIRATA, 0000 JEFFREY R SANDERSON, 0000 JEFFREY M UNGER, 0000 CHRISTOPHER M HOLDEN, 0000 STEPHEN M SCHILLER, 0000 DONALD R WEST, 0000 JOHN S HOLWICK, 0000 JOHN M SCHLEIFER, 0000 DERICK B ZIEGLER, 0000 CHARLES E HONORE, JR, 0000 MARTIN P SCHWEITZER, 0000 JEFFREY P ZIMMERMAN, 0000 JOHN H HORT, 0000 KENT R SELBY, 0000 JOHN M HUEY, 0000 FRANCIS V SHERMAN, JR, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER P HUGHES, 0000 RICKY W SHERMAN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ALLEN HULL III, 0000 FRANK W SHEROD II, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DANA R HURST, 0000 DAVID L SHUTT, 0000 RONALD W HUTHER, 0000 FRANK J SILTMAN, 0000 To be colonel JEFFREY D INGRAM, 0000 ROBERT A SINKLER, 0000 CYNTHIA A CHAVEZ, 0000 BJARNE M IVERSON, 0000 DENNIS E SLAGTER, 0000 JOHN E COLLINS, 0000 NORMAN K JACOCKS, 0000 DENNIS W SMITH, 0000 SANDRA K JORDAN, 0000 VICTOR A JOHN, 0000 FORREST E SMITH, 0000 THOMAS J MCCANN, 0000 FREDERICK J JOHNS, JR, 0000 HUGH T SMITH, 0000 MARSHA MCCLESKEY, 0000 ROBERT P JOHNSON, JR, 0000 STEVEN J SMITH, 0000 DAVID C PALADINO, 0000 THOMAS W JOHNSON, JR, 0000 MARK E SOLSETH, 0000 RICHARD T PETERS, 0000 ALLEN S JONES, 0000 MARK S SPINDLER, 0000 JAMES J SHEAR, 0000 MARK T JONES, 0000 BILLY F SPRAYBERRY II, 0000 RUTH A WELCH, 0000 REBECCA W JONES, 0000 ROBIN J STAUFFER, 0000 JACLYNN A WILLIAMS, 0000 SANDRA L KEEFER, 0000 JOHN S STCYR, 0000 YVETTE J KELLEY, 0000 WAYNE STEVENS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICK J KELLY, 0000 STEPHEN G STEWART, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE DANIEL A KESSLER, 0000 JERRY R STIDHAM, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY P KIELY, 0000 ALBERT C STJEAN, 0000 To be colonel HENRY A KIEVENAAR III, 0000 JOHNNY C STRAIN, 0000 KEITH C KODALEN, 0000 LAWRENCE E STROBEL, 0000 FRANCIS B AUSBAND, 0000 JOHN M KOIVISTO, JR, 0000 ALAN M STULL, 0000 GRIFFIN L DEEN, JR, 0000 STREP R KUEHL, 0000 FREDERICK W SWOPE, 0000 ROBERT W ERLACH, 0000 JAMES E LACKEY, 0000 DARIN TALKINGTON, 0000 ALFREDO J FERNANDEZ, 0000 CHRISTOPHER J LARSEN, 0000 THOMAS L TATE, 0000 RICHARD H FIXOTT, 0000 JACK E LECHNER, JR, 0000 EARL J TEETER, 0000 ENRIQUE GARCIA, 0000 BRIAN D LESIEUR, 0000 BURDETT K THOMPSON, 0000 MARK M KUBA, 0000 MARK F LESSIG, 0000 SCOTT B THOMPSON, 0000 JASON M MAILHOT, 0000 SCOTT W LEVIN, 0000 LEO J THRUSH, 0000 STEVEN D MCCLINTOCK, 0000 CECIL T LEWIS III, 0000 CURTIS L TORRENCE, 0000 ANTHONY L MOLINA, 0000 CHIPPER M LEWIS, 0000 ANIELLO L TORTORA, 0000 RICK G MUMFORD, 0000 DENNIS R LINTON, 0000 BOBBY A TOWERY, JR, 0000 CHANTAL NEWSOME, 0000 DONALD G LISENBEE, JR, 0000 MARK D TROUTMAN, 0000 ALLEN RASHEED, 0000 CHRISTOPHER E LOCKHART, 0000 CHRISTOPHER TROUVE, 0000 NORMAN M ROGERS, 0000 JOSEPH B LOFGREN, 0000 DREW A TURINSKI, 0000 JOE W SNAVELY, 0000 JERYL C LUDOWESE, 0000 JEFFERY L UNDERHILL, 0000 GREGORY A STOUTE, 0000 WILLIAM E LUKENS, 0000 ROBERT VALDIVIA, 0000 SCOTT A WRIGHT, 0000 KENNETH S LUNDGREN, 0000 RICHARD S VANDERLINDEN, 0000 KEVIN D LUTZ, 0000 ROBERT R VARELA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBIN D LYNCH, 0000 CRAIG VEST, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ANTHONY J MACDONALD, 0000 RICHARD E VOLZ, JR, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOSEPH E MAHER, JR, 0000 MICHELLE L WALLA, 0000 To be colonel ROBERT W MARRS, 0000 MARK R WALLACE, 0000 TERRENCE MARSH, 0000 ROBERT M WALTEMEYER, 0000 LORETTA A ADAMS, 0000 CHRISTOPHER W MARTIN, 0000 MARK L WATERS, 0000 THOMAS L ANDERSON, 0000 THEODORE D MARTIN, 0000 GREGORY A WATT, 0000 JAMES R BOEN, 0000 PAMELA L MARTIS, 0000 TIMOTHY A WEATHERSBEE, 0000 PEGGY L BRADLEY, 0000 HAROLD P MARTY, 0000 JEFFREY S WEISSMAN, 0000 JOSEPH W BURCKEL, 0000 JAMES M MARYE, 0000 ERIC P WENDT, 0000 LISA P CHISHOLM, 0000 CHARLES F MASKELL, 0000 MARK A WESTBROOK, 0000 JERRELL J COCKRELL, 0000 REGINALD P MASON, 0000 ROBERT C WHALEY, 0000 MARK D ELLIOTT, 0000 JAMES P MATTIES, JR, 0000 ROBERT P WHITE, 0000 WILLIAM W FARTHING, JR, 0000 MICHAEL S MCBRIDE, 0000 MARY K WHITWORTH, 0000 JOHN E FORRETTE, 0000 RODNEY X MCCANTS, 0000 ERIC A WIEDEMANN, 0000 FRANK FUENTES, 0000 DAVID J MCCAULEY, 0000 HARRY B WILLIAMS, 0000 PAUL D GANCHER, 0000 MICHAEL MCCORMICK, 0000 WILLIE WILLIAMS, JR, 0000 ROBERT GUILD, 0000 JOHN G MCCRACKEN, 0000 KEVIN J WILSON, 0000 MARY E HALLMARK, 0000 ROGER L MCDONALD III, 0000 MARTIN J WILSON, 0000 EDWIN N HERNANDEZ, 0000 ROSA M MCNEELY, 0000 CHRISTOPHER L WINNE, 0000 EUGENE V HOLAHAN, JR, 0000 LEONARD S MCWHERTER, 0000 MICHAEL D WINSTEAD, 0000 BRIAN D JONES, 0000 ROBERT W MEEKS, 0000 WILLIAM T WISEMAN, 0000 HENRY F KENT, 0000 TODD A MEGILL, 0000 STANLEY H WOLOSZ II, 0000 BRADLEY M KNOERNSCHILD, 0000 JEFFREY A MELLO, 0000 PAUL J WOOD, 0000 PETER K LANDSTEINER, 0000 MICHAEL T MIKLOS, 0000 KEVIN S WOODS, 0000 ALBERT L MAAS III, 0000

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LESLIE R MCKECHNIE, 0000 SANDRA M WEBBBOOKER, 0000 GEORGE G BUGG, JR, 0000 DANIEL A MORIARTY, 0000 IMELDA J WEDDINGTON, 0000 JAMES R BUGGY, 0000 CYNTHIA A OCONNELL, 0000 RHONDA M WELLER, 0000 HUMBERTO BUITRAGO, 0000 DONALD S PENDER, 0000 DONNA J WIBERG, 0000 LEANNE P BURCH, 0000 JEFFREY G PHILLIPS, 0000 CATHERINE E WRIGHT, 0000 CHARLES J BURNETT, 0000 PETER T QUINN, 0000 CURTIS R BURNS, 0000 MICHAEL A ROGALLA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICK W BURNS, 0000 ELMAR T SCHMEISSER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE GILBERT H BUSTER, 0000 KENNETH F SELOVER, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PHILIP A BUTCH, 0000 WALTER D SOJA, 0000 To be colonel DIANA M BUTLER, 0000 MICHAEL T THORNTON, 0000 DARRELL L BUTTERS, 0000 PURRY A WACKER, 0000 GEORGE A ABBOTT, 0000 CRAIG A BYRD, 0000 CLARK H WEAVER, 0000 ELVIS ACOSTA, 0000 CHRISTOPHER P CALLAHAN, 0000 HALVOR N ADAMS III, 0000 PATRICK E CAMPION, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDY A ALEWEL, 0000 MARK N CAMPSEY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL A ALEXANDER, 0000 GAIL H CAPP, 0000 ARMY UNDER TITLE 10 U.S.C., SECTION 12203: WILLIAM M ALEXANDER, 0000 REGIS A CARDIFF, 0000 To be colonel PATRICK B ALLEN, 0000 JOHN E CARDWELL, 0000 THOMAS H ALLEN, JR, 0000 PHILLIP A CAREY, 0000 ROBERT D AKERSON, 0000 WILLIAM C ALLEN, 0000 DOMINIC A CARIELLO, 0000 JAMES T ARSCOTT, 0000 JEFFREY T ALTDORFER, 0000 GARY E CARLBERG, 0000 SANJIVANI C BAKARE, 0000 JOHN W ALTEBAUMER, JR, 0000 MICHAEL J CARLSON, 0000 GREGORY J BEILMAN, 0000 CARL S AMATO, 0000 ROBERT D CARLSON, 0000 DAVID A BELYEA, 0000 MAXIMILIANO AMAYA, 0000 GREGORY J CARMAN, 0000 DEIRDRE M BYRNE, 0000 DAVID B ANDERSON, 0000 BRIAN M CARPENTER, 0000 RAYMOND L CAPPS, 0000 JEFFRY L ANDERSON, 0000 KEVIN J CARR, 0000 PAUL C DALY, 0000 JOHN K ANDREW II, 0000 JEFFREY B CARRA, 0000 CARL L DANIELSON III, 0000 GEORGE ANTOCHY, 0000 AUBREY W CARTER, 0000 WILLIAM P DIEFENBACH, 0000 ARTHUR E ARMSTRONG, 0000 RANDAL S CARTER, 0000 KEVIN M DWYER, 0000 MARK E ASBURY, 0000 EDWARD G CASAZZA, 0000 LAWRENCE E FOLTZ, 0000 JOSE R ATENCIO III, 0000 STEPHEN R CASE, 0000 WALTER B FRANZ III, 0000 BRIAN S ATTAWAY, 0000 MICHAEL A CASEY, 0000 DAVID E GREEN, 0000 DAVID E AUCOIN, 0000 MICHAEL E CASEY, 0000 DAVID K GUSTAVISON, 0000 ROBERT P AUCOIN, 0000 SEAN M CASEY, 0000 RICHARD K HAILE, 0000 RICHARD M AUGERI, 0000 ROBERT A CASIAS, 0000 WALTER H HALLORAN, 0000 ELIZABETH D AUSTIN, 0000 GREGORY R CASTELLO, 0000 THOMAS M HARRIS, 0000 KEVIN R AUSTIN, 0000 BILL O CASTILLO, 0000 NORMAN A HETZLER, JR, 0000 SCOTT A AYRES, 0000 ROBERT C CENTNER, 0000 ROY H HINMAN II, 0000 MICHAEL J BABUL, 0000 LEROY R CERBASI, 0000 PAUL J HUBBELL, 0000 MARTIN L BADEGIAN, 0000 SCOTT E CHAMBERS, 0000 JAMES W HUSTON, 0000 GREGORY BAGLEY, 0000 JAMES C CHANDLER, 0000 WILLIAM S JOHNSON, 0000 WILLIAM M BAILEY, JR, 0000 JOHN G CHAPMAN, 0000 CHRISTOPHER JONES, 0000 TONY D BAKER, 0000 CINDRA M CHASTAIN, 0000 CHANCE T KAPLAN, 0000 ANDREW M BARCLAY, 0000 BYRON L CHERRY, 0000 FREDERICK B KRAFT, 0000 LYNN BARDEN, 0000 DAVID E CHESSER, 0000 MARK A LOWRY, 0000 ALLEN F BAREFORD, 0000 HOWARD C CHILDRESS, 0000 FRANCISCO J MALDONADO, 0000 CRAIG A BARGFREDE, 0000 RODERICK CHILDRESS, 0000 HARRY P MARSHALL, JR, 0000 JOHN G BARKER, 0000 WESTLEY K CHIN, 0000 CHARLES N MARVIN, JR, 0000 JAMES A BARKSDALE, 0000 EDMUND Y H CHING, 0000 DANIEL J MATRICIA, 0000 RICHARD C BARR, JR, 0000 DARRY D CHINN, 0000 PHILIP E MCCUNE, 0000 WILLIAM P BARRIAGE, 0000 ROBERT B CHISHOLM, 0000 GARY B MORSCH, 0000 WILLIAM E BARTHELD, 0000 EDWARD K CHUNFAT, JR, 0000 SRIDHAR NATARAJAN, 0000 KIRK M BAYLESS, 0000 BOBBY L CLAIBORNE, 0000 MIGUEL A OQUENDO, 0000 KENNETH E BEAN, 0000 JOSEPH M CLARK, 0000 TERESA L OTTO, 0000 JOHN H BEARD, 0000 DAVID G CLARKSON, 0000 SILVINO P PAZCOGUIN, 0000 KENNETH A BEARD, 0000 MAURICE O CLEMONS, 0000 SUSAN E PEARSON, 0000 ROBERT G BEARD, 0000 MARK E COERS, 0000 JEROME C M PETERS, JR, 0000 KEVIN J BECKER, 0000 THOMAS G COLE, 0000 TIMOTHY P PFANNER, 0000 TIMOTHY D BECTON, 0000 BART D COLLINS, 0000 KELLY D PRIDGEN, 0000 JAMES D BEESLEY, 0000 JOHN COMPARETTO, 0000 CLYDE R REDMOND, 0000 OLIVER T BELLAMY, JR, 0000 ABEL L CONCHA, 0000 HERNANE C RESTAR, 0000 PAUL M BENENATI, 0000 DEBORAH A CONLEY, 0000 EILEEN M ROSEN, 0000 THOMAS J BENJAMIN, 0000 GONZALO CORDOVAMCFALINE, 0000 JOSEPH F RUDA, JR, 0000 STEVEN J BENSEND, 0000 MARK A COSGROVE, 0000 FELICITAS F SANTIAGO, 0000 NANCY L BERGERON, 0000 CARLOS G COSTA, 0000 CHRISTOPHER K SINHA, 0000 THOMAS L BERGFELD, 0000 MARIO T COSTAGLIOLA, 0000 RONALD T STAUBLY, 0000 DAVID E BERRY, 0000 LEIGH A COULTER, 0000 ROBERT E SUTER, 0000 DENISE P BERRY, 0000 MARJORIE K COURTNEY, 0000 PETER P TAILLAC, 0000 JEFFREY E BERTRANG, 0000 ROBERT D COWEN, 0000 HEIDI P TERRIO, 0000 EUGENE N BIAN, 0000 ROBERT J COY, 0000 HEMANT K THAKUR, 0000 JOHN R BIGGS, 0000 JOHN L CRAFT, 0000 DEAN R THOMSON, 0000 MICHAEL R , 0000 JOHN R CRAIG, 0000 MICHAEL T TRAVIS, 0000 MARK F BITTICK III, 0000 LISA G CRAIG, 0000 ROBERT F TYREE, 0000 TODD W BJERKE, 0000 BARRY P , 0000 ROBBI D VENDITTI, 0000 MICHAEL J BLACHURA, 0000 JOHN R CRESWELL, 0000 BARBARA E WALKER, 0000 JAMES S BLACKMON, 0000 DON B CRONKHITE, 0000 CHARLES A YOUMANS, 0000 PERCY L BLACKMON, JR, 0000 ARTHUR P CROWDER, 0000 RICHARD S K YOUNG, 0000 PHILIP W BLAKELEY, 0000 WILLIAM S CROWDER, 0000 BETH A ZIMMER, 0000 HERSCHELL R BLAND II, 0000 GLENN A CROWTHER, 0000 BILLY J BLANKENSHIP, 0000 DANIEL A CULVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER C BLEICH, JR, 0000 MARK A CUMMINGS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE LESLIE C BLIVEN, 0000 DAVID W CUNHA, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RONNIE V BLUE, 0000 MICHAEL J CURRIE, 0000 To be colonel RICHARD J BLUMBERG, 0000 RODERICK L CUTRIGHT, 0000 JOHN D BLUMENSON, 0000 CARY G CUYLER, 0000 PRISCILLA A BERRY, 0000 JOHN S BLY, 0000 CHARLES K DALGLEISH, 0000 JERRY W BIEHL, 0000 MICHAEL E BOBECK, 0000 JOHN G DALY, 0000 JAMES F BOBO, 0000 KENNETH E BOLTZ, 0000 JOHN J DANIELS, 0000 TERRY D BONNER, 0000 CHARLES A BONASERA, 0000 RAND S DANIELSON, 0000 OLGA R BRADLEY, 0000 MARGARET S BOND, 0000 MARSHA M DAVIS, 0000 AUDREY J CARAMANNA, 0000 JAMES L BOOKWALTER, 0000 ROBERT L DAVIS, JR, 0000 MARY K CHAMBERS, 0000 VALERIE L BORDER, 0000 RODNEY G DAVIS, 0000 MICHAEL W COLEMAN, 0000 RALPH J BORKOWSKI, 0000 ROBERT L DEAN, 0000 WILLIAM T DIAMOND, 0000 THOMAS L BOSCO, 0000 BARRY A DEFOOR, 0000 RONALD E DZIEDZICKI, 0000 RAYMOND P BOUCHARD, 0000 MIGDALIA DEJESUS, 0000 MARGARET M EIDEN, 0000 JAMES E BOUTTE, 0000 ROBERT F DELCAMPO, 0000 JOAN M ERICKSON, 0000 GARY M BOWMAN, 0000 JOHN A DELCORE, 0000 TEMPIE M EVANS, 0000 JANSON D BOYLES, 0000 ROBERTO DELEON, JR, 0000 DEBRA M GIBBS, 0000 VICTOR J BRADEN, 0000 DARLINE DELESTON, 0000 JUDITH L GISONDI, 0000 JOHN D BRADY, JR, 0000 JEFFREY J DELFUOCO, 0000 GLENDA W HILL, 0000 ALAN D BRAITHWAITE, 0000 ROLAND F DEMARCELLUS, 0000 LAGAUNDA C JONES, 0000 JAMES J BRAXTON, 0000 KENNETH DEMERS, 0000 GORDON KUNTZ, 0000 DANIEL W BRECKEL, 0000 PAUL DEVINCENZO, 0000 CHRISTINE V ODONNELL, 0000 MICHAEL A BRENNAN, 0000 DAWN L DEYOUNG, 0000 PENNY A REPLOGLE, 0000 DAVID J BRICKER, 0000 DAVID T DICE, 0000 DIANE L ROBATEAU, 0000 PHILLIP E BRONSDON, 0000 STEVEN J DICKENSON, 0000 DELOIS ROBINSON, 0000 PETER J BROOKS, 0000 ROBERT E DICKSON, 0000 DENISE T ROONEY, 0000 JEFFERY L BROWN, 0000 ROBERT J DIERKSMEIER, 0000 DONALD J RUTHERFORD, 0000 JOSEPH R BROWN, 0000 MICHAEL S O DIETRICH, 0000 RUTH A SHULL, 0000 PAUL H BROWN, 0000 KIMBERLY A DILLON, 0000 MICHELE S SLICK, 0000 SCOTT E BROWN, 0000 JOHN DINAPOLI, 0000 MARIA O STEWART, 0000 DAVID W BRUNETT, 0000 DONATO M DINELLO, 0000 WILLIAM L STOLTZFUS, 0000 SEAN M BRUNETTI, 0000 SANDRA W DITTIG, 0000 JUDITH L STONGE, 0000 CARL E BRYANT, JR, 0000 CARROLL E DOBBS, 0000 MARGARET A SULLIVAN, 0000 MARK S BRYANT, 0000 CHERYL Y DOLES, 0000 DARLENE S THOMASEC, 0000 DONNA A BUCELLA, 0000 EDWIN C DOMINGO, 0000 DOLORES J TROMBETTA, 0000 ROBERT H BUEHLER, 0000 WILLIAM J DORAIS, 0000

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ROBERT E DOUGLAS, 0000 LAWRENCE K HARADA, 0000 CHRISTINE M LEBLOND, 0000 EDWARD B DOWNEY, 0000 ROBERT G HARBS, 0000 RANDY C LECOMPTE, 0000 BYRON C DOWSE, JR, 0000 THOMAS A HARDY, 0000 JOSEPH H LEDLOW, 0000 BRIAN T DRAKE, 0000 WILLIAM G HARDY, 0000 KAREN E LEDOUX, 0000 CHRISTINE A DREWS, 0000 JOHN K HARMS, 0000 CHARLES R LEE, JR, 0000 WILLIAM C DRIGGERS, 0000 LYNN E HARRELSON, 0000 CURTIS A LEE, 0000 TILMAN DRURY II, 0000 ROY C HARRINGTON, 0000 RUSSELL G LEES, 0000 SAMUEL W DUDKIEWICZ, 0000 BRIAN C HARRIS, 0000 JOHN A LENK, 0000 STEVEN W DUFF, 0000 CHAUNCEY HARRIS, 0000 KERRY M LEONARD, 0000 BETH G DUMBLIS, 0000 JANE I HARRIS, 0000 BRIAN K LEONHARD, 0000 DENNIS J DUNN, 0000 VERNON L HARRIS, 0000 FIRMIN D LEPORI, 0000 LORI M DUPUIS, 0000 ROBERT H H HARTER, 0000 ALLEN W LEPPO, 0000 ANDREW C DURDEN III, 0000 RONALD G HARTMAN, 0000 BRICE I LESLIE, 0000 DOUGLAS E DYER, 0000 JAMES A HAUN, 0000 WALTER T LEVENDOSKY, 0000 CHRISTOPHER T EAKER, 0000 RODNEY G HAYES, 0000 ALLEN K LEWIS, 0000 TERRY L EARNEST, 0000 JAMES M HEALEY, JR, 0000 AUDREY J LEWIS, 0000 GRACE E EDINBORO, 0000 JEAN M HECIMOVICH, 0000 ELIZABETH A LIECHTI, 0000 RACHEL A EDNEY, 0000 DOUGLASS S HECKMAN, 0000 GREGORY W LIMBERIS, 0000 ALBERT T EDWARDS, 0000 MICHAEL J HEFTY, 0000 RAY C LINDSEY, 0000 DWAYNE R EDWARDS, 0000 ROGER J HEGER, 0000 KENDALL LINSON, 0000 ELAINE A EDWARDS, 0000 GARY F HERCHENROEDER, 0000 LAWRENCE A LIPSCOMB, JR, 0000 JULES D EDWARDS III, 0000 MARK T HERRICK, 0000 MARK T LISI, 0000 EDWARD L ELDER, 0000 DEAN W HESS, 0000 BERNARD P LISWELL, 0000 JAMES A ELLIOTT, JR, 0000 WILLIAM J HESTWOOD, 0000 CHARLES M LITZELMAN, 0000 JEFFREY R ELLIOTT, 0000 KEITH E HIBNER, 0000 KEITH D LOCHNER, 0000 JOHN D ELLIS, 0000 JAMES C HILL, 0000 KATHLEEN A LOFTS, 0000 STEPHEN C ELLSWORTH, 0000 ELIZABETH H HINES, 0000 ARTHUR J LOGAN, 0000 DAVID B ENYEART, 0000 STEVEN B HIRSCHKOWITZ, 0000 BENJAMIN D LONEY, 0000 THOMAS A EPPERSON, 0000 ROBERT J HODGES III, 0000 MICHAEL C SR LOQUASTO, 0000 DAVID L SR ERNST, 0000 ROBERT L HODGSON, 0000 BRADFORD N LOUISON, 0000 JAMES C ERNST, 0000 DONNA S HOLBROOK, 0000 DAVID A LOWE, 0000 MILDRED A ERONDU, 0000 STEVEN P HOLLOWAY, 0000 MICHAEL L LOY, 0000 MICHAEL G EVENSON, 0000 CHRISTOPHER J HOLSHEK, 0000 PHILIP LUCI, JR, 0000 DONALD L EVERETT, 0000 COLUMBUS HOOD, 0000 JEFFREY H LUECK, 0000 MICHAEL A EYRE, 0000 KIM B HOOPER, 0000 GREGORY A LUSK, 0000 WALTER D EZZELL, JR, 0000 JAMES E HOOVER, 0000 DEWEY M LUTZOW, 0000 PETER J FAGAN, 0000 RANDELL K HOWARD, 0000 DWIGHT A LYDIC, 0000 RICARDO A FALCON, 0000 KIMBALL M HUBBERT, 0000 ROBERT K LYTLE, 0000 JOSEPH P FALCONE, 0000 MICHAEL J HUDDLESTON, 0000 TIMOTHY I MACGILLIS, 0000 EDWARD T FARMER, 0000 STEPHEN W HUNT, 0000 KENNETH C MADDEN, 0000 THOMAS J FARRELL, 0000 WILLIAM J HUNT, 0000 PATRICIA A MADDOX, 0000 RICHARD E FAY, 0000 CHARLES S HUTT, 0000 MICHAEL S MADIGAN, 0000 LOUIS FAZEKAS, 0000 DAMON L IGOU, 0000 LARRY W MAHAR, 0000 GREGORY E FEHLINGS, 0000 JOHN V IMHOF, 0000 MARIE M MAHONEY, 0000 JOHN R FELLOWS, 0000 JEFFREY E IRELAND, 0000 STEVEN M MAHONEY, 0000 JORGE M FERNANDEZ, 0000 RUTH A IRWIN, 0000 SHELLEY L MAHOOD, 0000 LARRY A FIELD, 0000 ORLANDO A IZQUIERDO, 0000 JOHN P MAIETTA, 0000 JEWELL E FIELDS, 0000 JANNETT N JACKSON, 0000 JIM E MALMGREN, 0000 WILMA O FIORAVANTI, 0000 WILLIAM M JACOBS, JR, 0000 PATRICIA A MANESSAVERY, 0000 ROBERT A FODE, 0000 BRYAN J JAHNKE, 0000 MARLA A MANN, 0000 MARY J FORBES, 0000 JOHN F JAKUBOWSKI, 0000 BRUNO M MANNARELLI, 0000 ANTHONY S FORD, 0000 GEORGE J JELICH, JR, 0000 GLENN R MARCHI, 0000 DOUGLAS A FORD, 0000 KELLY S JENNINGS, 0000 LAURA L MARFUT, 0000 EUGENE L FORD III, 0000 BRUCE A JENSEN, 0000 JEFFREY P MARLETTE, 0000 MICHAEL A FORD, 0000 VINCENT M JOHNS, 0000 SCOTT A MARQUARDT, 0000 ANTHONY J FORMICA, 0000 DARREL L JOHNSON, 0000 WILLIAM MARRERO, 0000 ALVIN L FOSHEE, JR, 0000 DAVID L JOHNSON, 0000 KENNETH L MARSH, JR, 0000 DENIEUWE I L FOSTER, 0000 PAUL E JOHNSON, 0000 RANDAL G MARTIN, 0000 DANIEL A FOURNIE, 0000 RAYMOND E JOHNSON, 0000 JORGE J MARTINEZ, 0000 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J GORE, 0000 MARY A KING, 0000 JOHN K MCGREW, 0000 MICHAEL L GOREHAM, 0000 CHRISTIAN P KLINEFELTER, 0000 DAVID J MCGUIRE, 0000 JAMES R GORHAM, 0000 CHRISTOPHER P KNEIB, 0000 WENDY A MCGUIRE, 0000 GEORGE S GORISHEK, 0000 JOSEPH L KNOTT, 0000 JOSEPH M MCINNIS, 0000 SUSAN L GOUGH, 0000 GERARD J KOEHLER, 0000 PATRICK J MCKEEVER, 0000 JAMES E GOWEN, 0000 GREGORY J KOENDERS, 0000 MICHAEL J MCKENNA, 0000 JAMES J GRANT, 0000 JOY A KOESTER, 0000 RICHARD L MCKINNEY, JR, 0000 JAMES M GRAY, 0000 RICHARD D KOETHE, 0000 JOHN L MCLEISH, 0000 KENNETH F GRAY, 0000 SUSAN E KOLB, 0000 KEVIN P MCLINN, 0000 MATTHEW C GRAYS, 0000 KENNETH A KOON, 0000 KENNETH C MCNEILL, 0000 MARION W GREEN, JR, 0000 ALEXANDER K KOSE, 0000 WARNE D MEAD, JR, 0000 JUDY A GREENEBAKER, 0000 JERRY E KOSIEROWSKI, 0000 DEBORAH L MEARS, 0000 DAVID A GREENWOOD, 0000 RAYMOND P KRESS, JR, 0000 RICHARD M MEDVED, 0000 SHARON D GRESHAM, 0000 ROBERT P KROPIK, 0000 JORGE MELENDEZVEGA, 0000 SCOTTY D GRIGSBY, 0000 FONTAINE WILLIAM H LA, 0000 MARCOS R MENDEZ, 0000 JOHN W GRIMES, 0000 MARTIN A LAFFERTY, 0000 JOSE M MENDOZA, 0000 ERIC B GRIMM, 0000 MARK S LAKE, 0000 DAVID B MERCIERI, 0000 DENISE A GROSS, 0000 DAVID N LANGLEY, 0000 JAMES L MESSER, 0000 JERONIMO GUARENO, 0000 JAMES H VI LATHAM, 0000 BRYAN D MEYERS, 0000 MICHAEL J GUTHRIE, 0000 JOHN W LATHROP, 0000 HARVEY A MICHLITSCH, 0000 JAY D HADEN, 0000 DANIEL R LAVERTUE, 0000 GARY E MILLER, 0000 MICHAEL R HADLEY, 0000 ROBERT J LAWLESS, JR, 0000 MARY J MILLER, 0000 MICHAEL J HALL, 0000 WILLIAM LAWRENCE, 0000 EDWIN MIRANDA, 0000 PATRICK M HAMILTON, 0000 CHRISTOPHER F LAWSON, 0000 JEFFREY F MITCHELL, 0000 JAMES A HAMPTON, 0000 JOHN M LAZARO, 0000 JOEL C MJOLSNESS, 0000 JAY R HANCOCK, 0000 RICHARD B LEAP, 0000 OWEN W MONCONDUIT, 0000 LAWRENCE E HANNAN, 0000 DANIEL B LEATHERMAN, 0000 VINCENT J MONTERA, 0000 OGDEN HANSFORD, JR, 0000 DAVID E LEBLANC, 0000 LAWRENCE K MONTGOMERY, JR, 0000 TIMOTHY J HANYOK, 0000 JOSEPH P LEBLANC, 0000 TIMOTHY E MONTGOMERY, 0000

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DIANE B MOORE, 0000 NORMAN Y SAITO, 0000 ROBERT D WALK, 0000 JIM D MOORE, 0000 CHRISTIAN B SALAMONE, 0000 STEPHEN C WALKER, 0000 TERRY F MOORER, 0000 RONALD M SALAZAR, 0000 GERALD I WALTER, 0000 JAMES E MORRIS, JR, 0000 DOUGLAS K SALLEE, 0000 ROBERT L WALTER, JR, 0000 PAUL L MORSE, 0000 ROBERT P SAMBORSKI, 0000 BRYAN W WAMPLER, 0000 JOHN W MOSER III, 0000 LEON J SANCHEZ, 0000 RANDY H WARM, 0000 JOHN MOULTON, 0000 JORGE L SANTIAGO, 0000 KIRK G WARNER, 0000 KURT MUELLER, JR, 0000 DOUGLAS R SATTERFIELD, 0000 STEVEN D WARNER, 0000 BRUCE A MULKEY, 0000 VINCENT J SAVA, 0000 FOY W WATSON, 0000 JON D MULLINS, 0000 JAYSON D SAWYER, 0000 CHARLES H WEBB, 0000 BRUCE A MURPHY, 0000 MARSHALL SCHLICHTING, 0000 ROY S WEBB, 0000 CLYDE E MURRAY, 0000 DAVID S SCHLIEPER, 0000 PAUL J WEGMAN, 0000 JOHN S MYERS, 0000 LAWRENCE A SCHMIDT, 0000 ROBERT L WEGNER, JR, 0000 DEBORAH G NAGLE, 0000 ROBERT F SCHMITT, 0000 JOSEPH K WEIHS, 0000 NICHOLAS P NAVETTA, 0000 ANDREW K F SCHOBER, 0000 RONALD P WELCH, 0000 MICHAEL J NELSON, 0000 TIMOTHY F SCHROTH, 0000 JIMMIE J WELLS, 0000 ROBERT P NELSON, JR, 0000 CHARLES H SCHULZE, 0000 WILLIAM P WENZLER, 0000 TRACY A NELSON, 0000 MICHAEL SCHWED, 0000 ROBERT W WESLER, 0000 DANIEL R NEUFFER, 0000 ROBERT L SCOGGINS, JR, 0000 RUBEL D WEST, 0000 KEVIN L NEUMANN, 0000 STEPHEN K SCOTT, 0000 RONNIE J WESTMAN, 0000 ALDEN C NEVA, 0000 PETER E SEAHOLM, 0000 SCOTT A WHITE, 0000 KENNETH D NEWLIN, 0000 GIRARD SEITTER, IV 0000 STEPHEN P WHITE, 0000 DAVID B NICKELS, 0000 KAREN E SEMERARO, 0000 JOEL M WIERENGA, 0000 RICARDO A NICOL, 0000 DEREK J SENTINELLA, 0000 DANIEL J WIERICHS, 0000 DEBORAH A NIGHTINGALE, 0000 DAWN M SERVON, 0000 DAVID B WILES, 0000 JAMES R NORRIS, 0000 VERNON A SEVIER, JR, 0000 THOMAS P WILKINSON, 0000 MARY R NORRIS, 0000 KENNETH A SHANNON, 0000 FRANK R WILLIAMS, 0000 STEPHEN J NOVOTNY, 0000 RICHARD L SHEIDER, SR 0000 MARK S WILLIAMS, 0000 JOHN M NUNN, 0000 THOMAS L SHERBAKOFF, 0000 CURTIS B WILLIAMSON, 0000 ROBERT D OBRIEN, JR, 0000 DOUGLAS R SHIPMAN, 0000 FRANK M WILLIAMSON, 0000 THERESE M OBRIEN, 0000 EARNEST G SHOWS, JR, 0000 ELIZABETH F WILSON, 0000 JAMES E OHARE, 0000 CHARLES D SHULTS, 0000 EMORY S WILSON, 0000 STEVEN E OLSON, 0000 ANTONIO C SHUMATE, 0000 JEROME WILSON, 0000 WILLIAM J ONEILL, 0000 CLIFFORD M SILSBY, 0000 SANDRA B WOOD, 0000 MICHAEL ORE, 0000 JACK C SKEEN, 0000 TIMOTHY E ORR, 0000 DAVID H SKILTON, 0000 WILLIAM S WOOD, 0000 DENNIS M OSTROWSKI, 0000 NEIL J SKOW, 0000 BRUCE D WOOLPERT, 0000 JOHN M OTTO, 0000 ROLAN W SMALL, 0000 GERALD E WUETCHER, 0000 KEITH M OWENS, 0000 ANDY O SMITH, 0000 MARC W YATES, 0000 RONALD D J OWENS, 0000 CHARLES F SMITH, 0000 ROGER D YEARWOOD, 0000 BRIAN G PALMORE, 0000 DENNIS V SMITH, 0000 DANIEL L YORK, 0000 MARK W PALZER, 0000 GEORGE J SMITH, JR, 0000 JAMES V YOUNG, JR, 0000 J THOMAS PARKER, 0000 JOEL A SMITH, 0000 JOHN B YOUNG III, 0000 ROBERT D PASQUALUCCI, 0000 JOHN B SMITH, 0000 MICHAEL L YOWELL, 0000 DAVID A PASSWATERS III, 0000 JOHN J SMITH, 0000 ANTHONY D ZABEK, 0000 STEVEN A PATARCITY, 0000 KEITH A SMITH, 0000 CLAIRE M ZAJAC, 0000 EVERETT S PAYNE, 0000 KURT T SMITH, 0000 JOHN P ZAVEZ, 0000 QUENTIN L PEACH, 0000 LARRY J SMITH, 0000 MONTI G ZIMMERMAN, 0000 DWIGHT W PEARSON, 0000 LAWRENCE B SMITH, 0000 EDWARD M ZOELLER, 0000 CHARLES H PEDEN, JR, 0000 MARK C SMITH, 0000 DONALD R ZOUFAL, 0000 PATRICIA R PEDRETTI, 0000 PAUL G SMITH, 0000 IN THE AIR FORCE ALBERT P PEHANICK, 0000 ROBERT SMITH, 0000 DAVID W PEMBERTON, 0000 TONY G SMITH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEPHEN B PENCE, 0000 CHRISTOPHER M SMRT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KENDALL W PENN, 0000 ROBERT G SOECHTING, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: STUART A PENNELS, 0000 TERRY R SOPHER, JR, 0000 To be lieutenant colonel LAYTON H M PENNINGTON, 0000 MICHAEL D SOULE, 0000 DANIEL G PEPPER, JR, 0000 KEITH M SOUSA, 0000 THOMAS S. HOFFMAN, 0000 GREGORY R PERCHATSCH, 0000 STEVEN P SPAAY, 0000 ROBERT G PEREZ, 0000 RALPH E SPARKS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOROTHY A PERKINS, 0000 TIMOTHY W SPRIGGS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RUSSELL E PERRY, 0000 RONALD B SPRINKLE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DALE W PETERSON, 0000 MICHAEL S STAEBLER, 0000 To be lieutenant colonel CHARLES E PETRARCA, JR, 0000 JOHN B STANFORD, 0000 GORDON W PETRIE, 0000 LUTHER J STARR III, 0000 HERBERT L. ALLEN, JR., 0000 CHARLES W PHILLIPS, 0000 HARRIET L STATEN, 0000 DALE A. JACKMAN, 0000 WILLIAM R PHILLIPS II, 0000 THOMAS H STATON, 0000 ROBERT E PHILPOTT, 0000 PHILIP A STEMPLE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT A PIAZZA, 0000 NANCY J STEVENS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR LILLIAN C PITTS, 0000 KENNETH B STEVENSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK A PLANK, 0000 GEORGE L STIGLER, 0000 To be lieutenant colonel LINDA PLICHTA, 0000 DOUGLAS R STILL, 0000 JOHN E PLUNKETT, 0000 DENNIS W STINE, 0000 LESLIE G. MACRAE, 0000 JOHN W POWELL, 0000 DEAN K STINSON III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STERLING A POWELL, 0000 JEROME F STOLINSKI, JR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ALAN W PROFFITT, 0000 BOB S STONE, 0000 FORCE UNDER TITLE 10, U.S.C., 624: THOMAS J PURPLE, JR, 0000 MONTE R STOPPELLO, 0000 DEE DEE L QUIGGLE, 0000 HARRY D STUDEBAKER, 0000 To be major CARL T QUINN, 0000 GEORGE D SUMMIT, 0000 JAMES B RABENOLD, 0000 JAMES M SURIANO, 0000 OMAR BILLIGUE, 0000 SOPHIA RAFATJAH, 0000 KATHLEEN J SWACINA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN C RAMEY, 0000 CHARLES W SWANSON, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR WILLIAM RAMOS, 0000 PETER SWIDERSKI, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW A RANEY, 0000 MARK D SWOPE, 0000 JACKIE L REAVES, 0000 LORA J TAFT, 0000 To be major FRANK J REBHOLZ, 0000 JEFFREY W TALLEY, 0000 FELIPE O REYES, 0000 JAMES C TALLMAN, 0000 CORBERT K. ELLISON, 0000 GEORGE E REYNOLDS III, 0000 DOROTHY E TANEYHILL, 0000 DAVID M. JONES, 0000 THOMAS M RHATICAN, 0000 DONALD B TATUM, 0000 GISELLA Y. VELEZ, 0000 JIMMY D RHOADES, 0000 STUART G TAYLOR, JR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES R RICHARDSON, 0000 DIANN C TERRY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DAVID E RICKFORD, 0000 JAMES M THATCHER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KEVIN R RIEDLER, 0000 RONALD R THAXTON, 0000 MARCOS RIVERA, 0000 JOSEPH THOMPSON, 0000 To be major LEANN D ROBINSON, 0000 MICHAEL R TIMBERLAKE, 0000 GRETCHEN M. ADAMS, 0000 MICHAEL E ROBINSON, 0000 GERALD P TIMONEY, JR, 0000 GALE E RODENBAUGH, 0000 LATRICE J TOLLERSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARIA J RODRIGUEZ, 0000 CHRISTOPHER G TORELLI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RICHARD S RODRIGUEZ, 0000 RAFAEL TORRES, 0000 FORCE, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: GOODRICH A ROGERS, 0000 MITCHELL E TORYANSKI, 0000 MICHAEL H ROGERS, 0000 PETER R TOSI, 0000 To be colonel JOSEPH E ROONEY, 0000 STEPHEN A TOWN, 0000 MICHAEL D. SHIRLEY, JR., 0000 NICHOLAS J ROPER, 0000 MARK A TRACY, 0000 MICHAEL E ROREX, 0000 MICHAEL E TUCKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSE R ROSA, 0000 PHILIP E TULLAR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JUAN H ROSA, 0000 PAUL G TUREVON, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE RAUL ROSADO, 0000 DENNIS L TURNAGE, 0000 10, U.S.C., SECTIONS 624 AND 531: GAIL A ROSS, 0000 ROGER ULLMAN, 0000 JAMES W ROSS, JR, 0000 FRANCIS J VAHLE, JR, 0000 To be major GINA M ROSSI, 0000 HUGH C VANROOSEN II, 0000 GERALD J. HUERTA, 0000 STANFORD R ROUTT, 0000 ANTHONY J VERGOPIA, 0000 JEFFREY L. MOORE, 0000 GWENDOLYN H RUFF, 0000 HENRY F VILLARAMA, 0000 ANTHONY T. WILSON, 0000 ERMEA J RUSSELL, 0000 APRIL M VINSON, 0000 JACQUELINE L RUSSELL, 0000 CATHY J VITTORIA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL T RUSSELL, 0000 ROBERT F VORISEK, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR MARK L RUTKOWSKI, 0000 RICKY L WADDELL, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE BOBBY L SAILORS, 0000 STUART E WAHLERS, 0000 10, U.S.C., SECTIONS 624 AND 531:

VerDate Mar 15 2010 20:26 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 9801 E:\2005SENATE\S06JA5.REC S06JA5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S74 CONGRESSIONAL RECORD — SENATE January 6, 2005 To be major DANIEL C DEAMON, 0000 MICHAEL L BENNETT, 0000 ROBERT D DEFORGE, 0000 INMAN R BESSENGER, 0000 MICHAEL F. LAMB, 0000 MARK J DESENS, 0000 WILLIE J BEST, 0000 PAUL B DUNAHOE, 0000 CHRISTOPHER S BEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK W ERB, 0000 JOHN W BICKNELL, JR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR STEPHEN A FERRANDO, 0000 ELIZABETH S BIRCH, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY W FITZGERALD, 0000 JAMES M BLACKBURN, 0000 To be major WILLIAM J FLANNERY, 0000 JASON Q BOHM, 0000 MICHAEL J FOLEY, 0000 BRANTLEY A BOND, 0000 DEAN J CUTILLAR, 0000 MARK D FRANKLIN, 0000 LLOYD E BONZO II, 0000 AARON C HARJU, 0000 PHILIP D GENTILE, 0000 BRADLEY R BORMAN, 0000 ANDREW L P HOUSEMAN, 0000 ROBIN G GENTRY, 0000 ROBERT V BOUCHER, 0000 DONALD J MCKEEL, 0000 KENYON M GILL III, 0000 JOHN R BOWEN, 0000 CATHERINE R S PLATT, 0000 DANIEL J GILLAN, 0000 WILLIAM J BOWERS, 0000 ROBERT R PORCHIA, 0000 THOMAS N GOBEN, 0000 CHAD M BREEDEN, 0000 TRACY L RUSSELL, 0000 RICKEY L GRABOWSKI, 0000 MARK A BRENNAN, 0000 THOMAS J TOFFOLI, 0000 GARY S GRAHAM, 0000 MARK T BRINKMAN, 0000 JOHN P VICKERYANTONIO, 0000 STEVEN M GROZINSKI, 0000 RICKY F BROWN, 0000 XIAOHUI XIONG, 0000 BRUCE A HAINES, 0000 GLEN G BUTLER, 0000 AN ZHU, 0000 CHRISTIAN N HALIDAY, 0000 PATRICK C BYRON, 0000 DAVID B HALL, 0000 CHRISTIAN G CABANISS, 0000 IN THE NAVY DOUGLAS M HARDISON, 0000 JAMES C CALEY, 0000 DAVID S HEESACKER, 0000 JOHN R CALVERT, JR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DALE E HOUCK, 0000 MICHEL C CANCELLIER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KIRK W HYMES, 0000 JOHN H CANE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL C JORDAN, 0000 THOMAS CARNESI III, 0000 To be captain TODD G KEMPER, 0000 DONALD J CARRIER, 0000 DAVID A LAPAN, 0000 MICHAEL L CARTER, 0000 STEVEN P. DAVITO, 0000 ROBERT F LEARY, 0000 DAVID P CASEY, 0000 DAVID R LEPPELMEIER, 0000 BRIAN W CAVANAUGH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAYMOND F LHEUREUX, 0000 JOHN A CAVAZOS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DONALD J LILES, 0000 JUSTICE M CHAMBERS III, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN D LLOYD, 0000 CHRISTIAN P CHARLEVILLE, 0000 To be commander DAVID P LOBIK, 0000 CLIFFORD D CHEN, 0000 CHRISTOPHER J LORIA, 0000 JAMES D CHRISTMAS, 0000 EDWARD S. WAGNER, JR., 0000 MICHAEL E LOUDY, 0000 VINCENT E CLARK, 0000 STEPHEN D MARCHIORO, 0000 BENJAMIN R CLATTERBUCK, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY HENRY B MATHEWS II, 0000 SHAWN J COAKLEY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOHN L MAYER, 0000 PHILIP A COLBORN, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION BRYAN P MCCOY, 0000 RANDALL J COLSON, 0000 5721: SCOTT R MCGOWAN, 0000 SHANE B CONRAD, 0000 To be lieutenant commander WILLIAM P MCLAUGHLIN, 0000 MATTHEW W COON, 0000 RICHARD C MCMONAGLE, 0000 MATTHEW H COOPER, 0000 SAMUEL ADAMS, 0000 MICHAEL R MELILLO, 0000 ROBERT P COTE, 0000 TIMOTHY E ALLEN, 0000 JAMES B MILLER, 0000 ANDREW L CRABB, 0000 THOMAS B AYDT, 0000 THOMAS C MOORE, 0000 MATTHEW R CRABILL, 0000 GREGORY L BADGER, 0000 MICHAEL J MULLIGAN, 0000 MICHAEL S CUNINGHAM, 0000 ROBERT C BANDY, 0000 CARL E MUNDY III, 0000 KARON L CURRY, 0000 BRADLEY W BUSCH, 0000 SCOTT C MYKLEBY, 0000 ROBERT D CURTIS, 0000 EDWARD K BYERS, 0000 NICHOLAS F NANNA, 0000 KEITH M CUTLER, 0000 JAMES N COLSTON, 0000 NIEL E NELSON, 0000 MARC E CZAJA, 0000 KENNETH T CREAMEANS, 0000 DANIEL J ODONOHUE, 0000 PAUL E DAMPHOUSSE, 0000 MICHAEL B DAVIES, 0000 MICHAEL J OEHL, 0000 ROBERT D DASCH, JR, 0000 STEVEN E FAULK, 0000 MICHAEL A OHALLORAN, 0000 SCOTT T DAVIDS, 0000 MARK R FEGLEY, 0000 JOHN H OHEY, 0000 DONALD J DAVIS, 0000 ARTHUR C FULLER, 0000 FREDERICK M PADILLA, 0000 JAMES D DAVIS, 0000 JORGE F GARCIA, 0000 BRIAN T PALMER, 0000 TODD S DESGROSSEILLIERS, 0000 JEFFEREY L HAAS, 0000 PETER PETRONZIO, 0000 EDWARD T DEWALD, 0000 ROGER D HEINKEN, 0000 MICHAEL N PEZNOLA, 0000 THOMAS P DEWYEA, 0000 JOSHUA J HENRY, 0000 DANIEL A PINEDO, 0000 JEFFREY J DILL, 0000 ERIC P HIGGS, 0000 LAWRENCE J PLEIS III, 0000 KELLY G DOBSON, 0000 ROBERT B JOHNS, 0000 ALAN M PRATT, 0000 DAN E DOWSE, 0000 ROY G KIDDY, 0000 CLARENCE V PREVATT IV, 0000 CHARLES M DUNNE, 0000 DANIEL J LOMBARDO, 0000 PETER M RAMEY, 0000 TERENCE J DUNNE, 0000 GARRICK J MILLER, 0000 PETER C REDDY, 0000 DEAN A EBERT, 0000 GARY G MONTALVO, 0000 RICHARD W REGAN, 0000 TODD S ECKLOFF, 0000 LARRY A MYERS, 0000 SHAWN M REINWALD, 0000 CHARLES E EHLERT, 0000 ALBERT D OUTCALT, 0000 MARC F RICCIO, 0000 CHRISTOPHER H ELLIS, 0000 CAMILLE G PARRA, 0000 LAWRENCE R ROBERTS, 0000 TODD J ENGE, 0000 NIRAV V PATEL, 0000 GREGORY M RYAN, 0000 BARRY L ENSTICE, 0000 MATHEW D PHANEUF, 0000 MICHAEL A SANTACROCE, 0000 DAVID J ESKELUND, 0000 JOHN P PIENKOWSKI, 0000 RICHARD A SCHOTT, 0000 KATHERINE J ESTES, 0000 BRIAN K ROTTNEK, 0000 RICHARD M SELLECK, 0000 ROBB P ETNYRE, 0000 JERROD M SCHRECK, 0000 TIMOTHY V SHINDELAR, 0000 FRED T FAGAN III, 0000 MATTHEW S SHIELDS, 0000 CAROLINE A SIMKINSMULLINS, 0000 JOHN P FARNAM, 0000 MELVIN R SMITH, 0000 FRANK H SIMONDS, JR, 0000 DOUGLAS I FEIRING, 0000 ALLEN C SUMMERALL, 0000 DEAN T SINIFF, 0000 ANTHONY A FERENCE, 0000 CHRISTOPHER J TARSA, 0000 PHILLIP J SKALNIAK, JR, 0000 MATTHEW D FERINGA, 0000 RANDY J VANROSSUM, 0000 JOHN R SNIDER, 0000 GEOFFREY H FIELD, 0000 MICHAEL J TAYLOR, 0000 ROBERT A FIFER, 0000 IN THE MARINE CORPS DOUGLAS P THOMAS, 0000 JOHN S FITZPATRICK, 0000 GARY L THOMAS, 0000 JOSE R FLORES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK J TOAL, 0000 MICHAEL D FLYNN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JAMES D TURLIP, 0000 ALLEN S FORD, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: PATRICK J UETZ, JR, 0000 JAMES S FRAMPTON, 0000 To be colonel FLOYD J USRY, JR, 0000 TIMOTHY C FRANTZ, 0000 CYNTHIA J VALENTIN, 0000 MICHAEL J GANN II, 0000 ROBERT S ABBOTT, 0000 KEVIN S VEST, 0000 KARL J GANNON, 0000 THOMAS C ABEL, 0000 DOUGLAS J WADSWORTH, 0000 MICHAEL GANTE, JR, 0000 ROSS A ADELMAN, 0000 MARK E WAKEMAN, 0000 PETER J GARFIELD, 0000 ROARKE L ANDERSON, 0000 JAY D WALKER, 0000 ERIC B GARRETTY, 0000 DALE M ATKINSON, 0000 DUFFY W WHITE, 0000 TYSON B GEISENDORFF, 0000 PAUL K AUGUSTINE, 0000 THOMAS M WILLIAMS, JR, 0000 STEVEN G GERACOULIS, 0000 MARK T AYCOCK, 0000 DONALD G WOGAMAN, 0000 SEAN D GIBSON, 0000 ROBERT S BAKER, 0000 PETER D WOODMANSEE, 0000 GREGORY G GILLETTE, 0000 LUDOVIC M BAUDOINDAJOUX, 0000 GEORGE D ZAMKA, 0000 ROBERTO J GOMEZ, 0000 MITCHELL A BAUMAN, 0000 RONALD M ZICH, 0000 JEFFERY O GOODES, 0000 MICHAEL F BELCHER, 0000 FLAY R GOODWIN, 0000 FRANCIS P BOTTORFF, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J GOUGH, 0000 BENJAMIN R BRADEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JOHN M GRAHAM, 0000 GARETH F BRANDL, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: VERNON L GRAHAM, 0000 GREGG W BRINEGAR, 0000 To be lieutenant colonel THOMAS E GRATTAN III, 0000 GEORGE H BRISTOL, 0000 CHRISTOPHER M GREER, 0000 JOHN J BROADMEADOW, 0000 JASON G ADKINSON, 0000 DUDLEY R GRIGGS, 0000 KIRK E BRUNO, 0000 SETH D AINSPAC, 0000 FRANCIS A GRZYMKOWSKI, JR, 0000 ROBERT F CASTELLVI, 0000 MIGUEL A AMEIGEIRAS, 0000 GLENN R GUENTHER, 0000 PHILLIP C CHUDOBA, 0000 JOHN R ANDERSON, 0000 ANDREW J GUNDERSON, 0000 CHRISTOPHER M CLAYTON, 0000 MICHAEL S ANDERSON, 0000 JON M HACKETT, 0000 VINCENT A COGLIANESE, 0000 DAVID N AREOLA, 0000 BRINLEY M HALL III, 0000 ALBERT T CONORD, 0000 JON M AYTES, 0000 SCOTT R HALL, 0000 JONATHAN D COVINGTON, 0000 ROBERT A BAIRD, 0000 GREGORY J HANVILLE, 0000 JOHN J CRANE, 0000 JOHN G BAKER, 0000 MARK S HARRINGTON, 0000 LEWIS A CRAPAROTTA, 0000 JAVIER J BALL, 0000 WAYNE C HARRISON, 0000 JAMES T CRAVENS, 0000 AHMAD BANDANI, 0000 KENT W HAYES, 0000 KEITH W DANEL, 0000 STEPHEN G BANTA, 0000 CASON N HEARD, 0000 ROBERT R DANKO, 0000 JASON M BARRETT, 0000 GREGORY M HEINES, 0000 ROBERT E DAVIS, 0000 SCOTT F BENEDICT, 0000 RYAN P HERITAGE, 0000

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JAMES B HIGGINS, JR, 0000 RICHARD L PHILLIPS II, 0000 HILLARY A ALLEGRETTI, 0000 RICHARD K HILBERER, 0000 VON H PIGG, 0000 NICHOLAS M ANDERSON, 0000 PATRICK A HILLMEYER, 0000 JAMES A POPIELEC, 0000 KAREN E APPEL, 0000 JONATHAN W HITESMAN, 0000 PAUL J PRATT, 0000 MARC J ARMAS, 0000 HUNTER H HOBSON, 0000 ROBERT F PREMO, 0000 HUNTER T ATHERTON, 0000 THOMAS W HOFER, 0000 LESTER B PRICE, 0000 ELIZABETH G BAKER, 0000 DAVID P HOLAHAN, 0000 THOMAS E , 0000 MORGAN R BARBIERI, 0000 TODD A HOLMQUIST, 0000 TRAVIS M PROVOST, 0000 JIAH G BARNETT, 0000 MARK A HOUSE, 0000 JEFFREY W PROWSE, 0000 SEAN H BARTONICEK, 0000 JON M JACOBS, 0000 NEAL F PUGLIESE, 0000 ADRIAN A C BEER, 0000 JAMES T JENKINS II, 0000 JOHN M REED, 0000 DANIEL BELL, 0000 JEFFREY J JOHNSON, 0000 KEITH D REVENTLOW, 0000 ERIN M BIEMILLER, 0000 PATRICIA JOHNSON, 0000 DEREK G RICHARDSON, 0000 ORION R BLOOM, 0000 FRANK E JOHNSTON, 0000 PAUL M RIEGERT, 0000 TIMOTHY E BOETTNER, 0000 RONALD F JONES, 0000 DONALD J RILEY, JR, 0000 JORDAN T BOGHOSIAN, 0000 STEVEN P KAEGEBEIN, 0000 MITCHELL D RIOS, 0000 SARA BOOTH, 0000 DANIEL R KAISER, 0000 STEPHEN C ROBERTS, 0000 ELISABETH BOSMA, 0000 GARY F KEIM, 0000 MACON R ROBINSON, JR, 0000 JOSHUA D BOYLE, 0000 JAMES R KENNEDY, 0000 MICHAEL D ROBINSON, 0000 ELIZABETH L BRAKER, 0000 CRAIG T KILLIAN, 0000 DANIEL J RODMAN, 0000 BRITTANY G BREWSTER, 0000 ANDREW N KILLION, 0000 ALEJANDRO RODRIGUEZ, 0000 MATTHEW P BRINKLEY, 0000 GREGORY W KING, 0000 BRENT A RONNING, 0000 ANTONIO D BRINO, 0000 ERIC R KLEIS, 0000 DAVID W ROWE, 0000 BRIAN J BRUNS, 0000 JOSEPH J KLOCEK, JR, 0000 RICHARD C RUSH, 0000 HOLLY J BUCHEIT, 0000 NICHOLAS L KNIGHT, 0000 STANLEY K RUSSELL, 0000 ALEXANDER G BUCHLER, 0000 JEFFREY S KOJAC, 0000 BRIAN M BUSH II, 0000 KEITH E RUTKOWSKI, 0000 TIMOTHY A KOLB, 0000 JONATHAN M BYAR, 0000 JONATHAN L SACHAR, 0000 ANDREW J KOSTIC, JR, 0000 NELSON W CABLE, 0000 ROBERT P SALASKO, 0000 ERIK B KRAFT, 0000 ERIN L CADA, 0000 DAVID L SANFORD, 0000 DAVID P KRAMER, 0000 BRYAN S CANTFIL, 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JOHNSON, 0000 ANTONIO J MORABITO III, 0000 SEAN D WESTER, 0000 LEE H JONES II, 0000 DAN E MORRIS, 0000 CHARLES A WESTERN, 0000 ALANNA G KALTSAS, 0000 JAMES M MORRISROE, 0000 BRIAN H WIKTOREK, 0000 JESSICA A KANE, 0000 CHRISTOPHER W MORTON, 0000 GLENN S WILLIAMS, 0000 PETER J KARDAS, 0000 JOHN A MULLIN, 0000 CURTIS L WILLIAMSON III, 0000 MATTHEW V KEMPE, 0000 JAMES E MUNROE II, 0000 DONALD K WIMP, 0000 JEANNETTE M KILLEN, 0000 MARK A MURPHY, 0000 TIMOTHY E WINAND, 0000 HELEN Y KIM, 0000 JOSEPH M MURRAY, 0000 MARK E WINN, 0000 JASON M KLING, 0000 CHRISTOPHER L NALER, 0000 JONATHAN A WOODCOCK, 0000 KELLY L KOCH, 0000 LAWRENCE A NATHAN, 0000 JOSEPH A WOODWARD, JR, 0000 GEORGE C KOLUMBIC, 0000 CHAD R NELSON, 0000 JAMES B ZIENTEK, 0000 SCOTT R KOSER, 0000 KENNETH A NELSON, 0000 IN THE COAST GUARD BRIAN A KUDRLE, 0000 VAN Q NGUYEN, 0000 JACOB M KYER, 0000 BRENT R NORQUIST, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY M LAMONT, 0000 SEAN P ODOHERTY, 0000 TO THE GRADE INDICATED IN 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HEIDI L MILLER, 0000 JOSEPH H PRIDE, 0000 TRACEY L SWAYNOS, 0000 KEVIN L MILLER II, 0000 JEDEDIAH A RASKIE, 0000 COLLEEN A SYMANSKY, 0000 PAUL J MILLER, 0000 DAVID W RATNER, 0000 RICHARD C SZOKA, 0000 RYAN C MILLER, 0000 TRACEY L RICHARDS, 0000 NICOLE M TESONIERO, 0000 WILLIAM C MILLWARD, 0000 CORY A RIESTERER, 0000 FELICIA S THOMAS, 0000 SARA P MONACO, 0000 JOSEPH E RIZZO, 0000 MICHAEL C THOMAS, 0000 BRIAN P MONAGHAN, 0000 NATHANIEL R ROSS, 0000 JONATHAN T TILLMAN, 0000 JEREMY J MONTES, 0000 JUSTIN F RULE, 0000 DARLA M MORA, 0000 AMANDA C RYAN, 0000 CHRISTOPHER W TOMS, 0000 EMILY L MORRISON, 0000 THOMAS A SANBORN, 0000 LAWRENCE E TORMEY, 0000 MATTHEW K A MOTHANDER, 0000 ERNEST A C SAPONARA, 0000 ANTHONY T TRAN, 0000 LANE M MUNROE, 0000 KATIE R SAVOIE, 0000 CHRISTINE M UNDERWOOD, 0000 ELISABETH T MURTHA, 0000 NATHANIEL P SELAVKA, 0000 STEVEN B VAN DERLASKE, 0000 SAMUEL L NELSON, 0000 JOSEPH R SEMKE, 0000 KYRA N VAN ECHO, 0000 DAVID T NEWCOMB, 0000 NICHOLAS C SENIUK, 0000 GREGORIO J VERA II, 0000 ELIZABETH J NEWTON, 0000 MATTHEW A SHAFFER, 0000 PAMELA R WADE, 0000 GERALD W NEWTON, 0000 MATTHEW R SHAFFER, 0000 RYAN T WAITT, 0000 BENJAMIN K OLOUGHLIN, 0000 KRISTEN A SHALLOW, 0000 JOHN H WALTERS, 0000 ROLAND T I ORR II, 0000 REBECCA B SHULTS, 0000 MATTHEW E WARANIUS, 0000 THOMAS R OSBORN, JR, 0000 AMY C SIBERT, 0000 BRYAN D WATTS, 0000 JEFFREY K PADILLA, 0000 GREGORY S SICKELS, 0000 JORELL R WEBB, 0000 AARON T PARKER, 0000 JUSTIN C SMITH, 0000 CHRISTOPHER C WEISER, 0000 BRITTANY C PARKER, 0000 JESSICA A SNYDER, 0000 JENNIFER G PAULSON, 0000 TRACY M SPEELHOFFER, 0000 SAMANTHA M WHITTEN, 0000 KIRA M PETERSON, 0000 GRAYSON C STALVEY, 0000 KIMBERLY M WILSON, 0000 SARAH E PETRELLA, 0000 JASON R STANKO, 0000 DEWEY W WORKER, 0000 ERIN K PIGORS, 0000 BENJAMIN W STEVENSON, 0000 CHAD A YEAMANS, 0000 HAROLD N I PIPER II, 0000 DAVID W STUTT, 0000 LILY A ZEPEDA, 0000 JOHN P POLEY, 0000 CONOR J SULLIVAN, 0000 JOSHUA L ZIKE, 0000 GREG H PONZI, 0000 RICHARD W SULLIVAN, JR, 0000 MATTHEW S ZOLNIEREK, 0000 RYAN B POPIEL, 0000 CHRISTOPHER E SVENCER, 0000 ANDREW H ZUCKERMAN, 0000

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