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

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

Vol. 151 WASHINGTON, FRIDAY, JULY 1, 2005 No. 91 House of Representatives The House was not in session today. Its next meeting will be held on Monday, July 11, 2005, at 2 p.m. Senate FRIDAY, JULY 1, 2005

The Senate met at 10 a.m. and was The assistant legislative clerk read long ago, about 9 hours ago. We fin- called to order by the Honorable RICH- the following letter: ished about 1 o’clock in the morning. ARD BURR, a Senator from the State of U.S. SENATE, But we had a very full day, a very pro- North Carolina. PRESIDENT PRO TEMPORE, ductive day yesterday, passing the ap- Washington, DC, July 1, 2005. propriations bills as well as the legisla- PRAYER To the Senate: The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, tion that will do a great deal in terms fered the following prayer. of the Standing Rules of the Senate, I hereby of lowering trade barriers to very im- Let us pray. appoint the Honorable RICHARD BURR, a Sen- portant countries, most of which are Eternal God, as we prepare to cele- ator from the State of North Carolina, to recently emerged democracies. brate our Nation’s independence, we perform the duties of the Chair. TED STEVENS, Because we were able to finish our thank You that we can look to You to President pro tempore. work late last night into the wee hours meet our needs. You provide our food and drink, our health and strength. Mr. BURR thereupon assumed the of the morning, we will not have roll- You give us the warmth of friendship Chair as Acting President pro tempore. call votes today. When we finish our and the love of family. And when all of f business today, we will adjourn for our recess and return on Monday, July 11. these blessings are scarce, You provide RECOGNITION OF THE MAJORITY us with patience to wait and courage to LEADER At that point in time the plans are to persevere. take up the Homeland Security appro- The ACTING PRESIDENT pro tem- Bless our lawmakers today. Keep priations bill. We will have a vote late pore. The majority leader is recog- them on right paths. Help them to Monday afternoon—later this morning avoid the shortcuts that lead away nized. we will say more about that—in rela- from Your will. Strengthen their fami- f lies and keep them from harm. tion to an amendment on the Home- Lord, give each of us the prudence to SCHEDULE land Security bill. foresee the danger ahead and take pre- Mr. FRIST. Mr. President, this morn- I do thank all of our Members for cautions. ing we are in session for a period of their hard work and their assistance We pray in Your loving Name. Amen. morning business. There are several over the last week, indeed the last sev- f Senators who have indicated their de- eral weeks. In the last week alone, the sire for time today to introduce legisla- PLEDGE OF ALLEGIANCE last 5 days, we were able to initiate the tion and to make general statements. The Honorable RICHARD BURR led the There will be a number of statements appropriations process and pass three Pledge of Allegiance, as follows: over the course of the morning and pos- appropriations bills as well as the Cen- I pledge allegiance to the Flag of the sibly into the early afternoon—in part tral American Free Trade Agreement United States of America, and to the Repub- bill. lic for which it stands, one nation under God, because we have had such a busy week indivisible, with liberty and justice for all. with legislation on the floor so that It could not have been done without people will take advantage of this op- f a lot of understanding and participa- portunity today. tion by both sides of the aisle, includ- APPOINTMENT OF ACTING Last night we were able to complete ing the Republican leadership working PRESIDENT PRO TEMPORE both the CAFTA legislation and the with the Democratic leadership very The PRESIDING OFFICER. The Energy and Water appropriations bill. I clerk will please read a communication hesitated a little bit because, by the effectively, hand in hand. We had long, to the Senate. time we finished here—it was not that late, busy sessions, but they were very

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

S7875

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7876 CONGRESSIONAL RECORD — SENATE July 1, 2005 productive and we moved America’s proliferation, this skyrocketing of ad- tages of a particular drug. It can in- business forward in a very positive vertising to which we are being ex- struct them and open their eyes to way. posed. symptoms they have that might be I know several people will have state- These ads do influence consumer be- very serious but they might not other- ments over the course of the morning, havior; otherwise, drug companies wise go to see a doctor about. It can in- looking back over the past several wouldn’t be putting money into them. form them about new therapies, the weeks, in that we have had a very pro- Their real purpose at the end of the breakthrough therapies that are so ductive session that delivered to the day is to have a drug that, yes, helps powerful—made in large part because American people. people, but also makes money for of the research and development in our f them. It affects consumer behavior and private sector by our pharmaceutical it also—though it is not said very companies. CONCERNS ABOUT PRESCRIPTION much but I will speak to it here short- These are good things. These are the DRUG ADVERTISING ly—affects physician behavior in a way good things that advertising can do, Mr. FRIST. Mr. President, I would I think is detrimental. Physicians that education can do, that knowledge like to make a statement that I regard don’t want to talk about it very much can do. Indeed, I envision a health care as a very important one because it re- because it is a little embarrassing. I system—and we are not yet there flects what I think is a needed change will come back to that. But it affects today, but I think we are moving in in behavior that affects health care physicians’ behavior in a way that I that direction, in part through legisla- across America. Let me begin with a think is not healthy, as well as affect- tion on the floor of the Senate, to move few phrases: ‘‘Keep the spark alive,’’ ing consumer behavior. to a system that is centered not on big ‘‘The healing purple pill,’’ ‘‘If a playful These ads cause people to take more Government and not on us microman- moment turns into the right moment prescription drugs. They have the po- aging from the floor of the Senate you can be ready,’’ ‘‘For everyday vic- tential to create an artificial demand prices and decisions, but, no, move to- tories.’’ and thereby they can drive up health ward a system that is patient centered. You turn on your TV anytime of the care costs for everybody listening to We are moving toward a health care day and that is what you will hear and me as individuals, but also our overall system that centers on the individual that is what you will see. These are the health care cost for the Nation. patient, that is provider friendly, and advertising tag lines for some of Amer- I believe it has reached a point where that is driven by three things. Those ica’s best selling and most advertised they—again, it can be very positive are knowledge or information that is prescription drugs—in the last several with the health education—are need- given the patient, the individual, the weeks, months and years. We all know lessly and wastefully driving up health opportunity to choose and make them when I read them. Some even care costs. Thus it is time for us to get choices for themselves, and to make have the images that pop up into their more information but also address the sure that patient is empowered, they minds, because we see them again and issue. have resources to make those deci- again and again and again. We are bar- Moreover, a lot of the direct-to-con- sions. raged by them. sumer advertising is misleading. I So if you are looking at a consumer- I mention this as a physician, be- know, as people listen, you tend to be- driven, patient-centered health care cause 10 years ago you would not have lieve, unfortunately, what you see on system, having timely information, ac- seen any of that advertising on tele- TV and that can be dangerous in cer- curate information, complete informa- vision. We have heard them on our tel- tain cases. This direct-to-consumer ad- tion, and balanced information has to evision sets, we hear them on our fa- vertising can oversell hope, and people be one of the major pillars. vorite radio programs, we see them in want hope; it can oversell results; and Direct consumer advertising can be newspapers, we see them in magazines. it can also undersell the risk. Every very helpful in that regard if that is Those who go to NASCAR races see drug has side effects. Every drug has a the purpose and if it meets those stand- them on the cars. You see them on bill- side effect. We may not know all of the ards. I don’t think the advertising we boards along the highways. We are bar- side effects, but the idea of promoting see today—and I base this on people raged with this information. It is a drug without adequately enumer- coming up to me all the time as a phy- called direct-to-consumer advertising. ating, spelling out, highlighting the sician and policymaker—I don’t think When I was practicing medicine before risk is wrong. Misleading advertising, the advertising today meets those coming to this body—not that long especially when we are barraged with standards. I will have more to say ago, in 1994—it didn’t exist. it, when that is all we see—a little bit about that issue. This is what direct-to-consumer ad- of hyperbole, on TV between shows, if With today’s advertising, perhaps vertising is. When drug companies, it is misleading, hurts patients and you are at a ball game with your fam- pharmaceutical companies, market definitely pressures doctors to overpre- ily, going to a movie or to dinner—ask their products, the marketing used to scribe or to change prescribing habits somebody about it—and today’s adver- be done to physicians who could accu- in response to that request, that spe- tising will likely leave parents having mulate that information and help pacific request from a patient. to explain to their young children, tients make decisions. But the direct- So today I rise to urge all pharma- their 10-, 9-, 8-year-old, what erectile to-consumer goes over the heads of ceutical companies to voluntarily re- dysfunction is rather than a discussion physicians with this advertising, direct strict consumer drug advertising dur- of the importance of getting your blood to the American people, direct to the ing the first 2 years that a new drug is pressure checked to see if you have hy- consumer. It is called direct-to-con- on the market. Today I am also re- pertension so you will not have a sumer advertising, or DTC is the termi- questing a Government study into the stroke or heart disease. That would be nology people use. cost and into the consequences and any useful information. It is a two-edged sword. Obviously potential benefits of direct-to-con- That is the problem. How did we get there can be huge health education sumer advertising. It is time for the to this point? Prior to the 1980s, drug benefits to such advertising because drug companies, I believe, when it manufacturers almost always intro- you are exposed to it, you are barraged comes to direct-to-consumer adver- duced and explained their products to with it, and information is provided, tising, to clean up their act. If they do physicians. Physicians had a body of information to which you might not not, I believe Congress will need to act knowledge and the training to make an otherwise have access. But let there be in this arena. assessment of whether, based on the inno mistake, drug advertisements are In its proper place, direct-to-con- formation the drug companies gave fuel to America’s skyrocketing pre- sumer drug advertising gives patients, them, this would be an efficacious scription drug cost. It is a two-edged gives consumers, information. It em- drug, a useful drug to use, or whether sword. The advertising is new over the powers them to make decisions. It can the side effects would be appropriate last 10 years. Now it is time to assess give them the information they need in for individual patients. the efficacy of advertising, but also po- order to make informed decisions In 1981, just over 20 years ago, Boots tential damage that is done by this about their health, about the advan- Pharmaceuticals ran the first U.S.

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For one pop- drug companies began to use more comes in with a specific request for a ular, very heavily advertised prescrip- print advertisements to promote their drug written down and the doctor has tion drug, $1 of consumer advertising products—again, directly to con- 30 or 40 patients waiting outside, it is translated into $4 in increased sales—$1 sumers, not going through physicians— almost easier—I am embarrassed to say dollar in advertising, $4 in sales. So we and during that period they ran tele- this—almost easier for a doctor to see the motivation from the drug com- vision advertisements sparingly. Rare- write the prescription and give it to panies in advertising particular drugs. ly would consumers turn on the tele- them even though there may be a ge- It is no wonder the drug companies are vision and actually see an advertise- neric drug or a much less expensive flooding our airwaves today. ment directed at the consumer on a drug. The patient comes in and says: I The GAO findings in that 2002 report drug. have to have this drug. This drug is were clear: Increased direct-to-con- Looking back over the last 40 years what I have in mind, the hope for the sumer advertising has helped fuel esca- since 1962, the FDA has had a require- cure for my disease. lating drug costs. These drug costs, as ment—the FDA is the Government in- This misallocation of resources and we know, are skyrocketing. In 2003, stitution in charge of regulation and inefficiency that results from inappro- Americans consumed 134 billion pre- oversight. Since 1962, the FDA has re- priate prescribing from the physician’s scription pills and spent over $216 bil- quired ads to include a brief summary standpoint is something we can rip out lion on prescription drugs. That is as of a drug’s side effects, indications for of the system if we turn to a balance much as Americans spent on gasoline use, the contraindications, the warn- between very good and direct-to-con- and oil. During the past few years, drug ings and precautions. sumer advertising, which includes pa- costs have gone up more than twice as Regarding the massive changes we tient education, but get rid of the inap- fast as inflation, faster than nearly all are exposed to today, look back to the propriate, imbalanced state we are in other health care items and services. Clinton administration in 1997 when today. Congress has paid attention to these the disclosure rules for television ads If we consider the recent labeling skyrocketing, escalating drug costs, were liberalized. The door was opened. changes in market withdrawals of just and we have acted on the 2003 Medicare That is not that long ago—3 years after one class of drugs, the nonsteroidal Modernization Act. We took major I formally left the practice of medicine anti-inflammatory, it tells a story. steps toward providing more affordable to come to the Senate. Rather than These drugs were the most heavily ad- prescription drugs. I add the ‘‘more af- providing a full picture of a drug’s risk vertised in America. They were used by fordable’’ because we did a number of and benefits, the new laws required millions and millions of patients. Mil- things. only that drug companies disclose the lions of patients benefited, I should First and foremost, recognizing the most significant risk and then refer pa- say, from these drugs, but many people importance of prescription drugs, cen- tients to a secondary source of infor- today believe—looking back at what trality of prescription drugs to health mation, leaving this whole inadequacy happened in response to the adver- care delivery today, we provided sen- of the risk and adverse effects on the tising—that they were overprescribed. iors with an outpatient prescription ad as presented. In the case of one drug people have drug benefit under the Medicare Pro- As a direct result of this 1997 ruling, heard a lot about, Vioxx, 93 million gram for the first time in history— spending on direct consumer adver- prescriptions had been written since its something I feel strongly about, some- tising skyrocketed 145 percent between approval in May 1999. Millions of pre- thing I am very excited about as we 1997 and 2001. It passed the $1 billion mark in 1997. It was almost non- scriptions were also written for similar look over the next year, couple of existent 7 years before that and sky- drugs such as Celebrex and Bextra. In years, where implementation begins. rocketed to about $1 billion in 1997. the case of Vioxx, indeed, it was a bet- We also established health savings ac- Then 4 years later, it kept sky- ter drug. It did prove to be better than counts that allow individuals to own rocketing and reached $2.7 billion. In- competing products for patients who and take care of their own health care. deed, last year, the drug companies had gastrointestinal problems or stom- We reformed patent laws and closed spent over $4 billion advertising medi- ach problems. America did conduct loopholes to help speed lower cost ge- cations directly to consumers. postmarket research that was not re- neric drugs to market and set stand- This 145 percent over that 4-year pe- quired by the Food and Drug Adminis- ards to encourage more efficient elec- riod from 1997 to 2001 for direct con- tration. Of course, we cannot foresee tronic prescribing and improved pa- sumer advertising, reaching con- every risk. It does take time to accu- tient safety. We provided funds to the sumers, should be compared to an in- mulate information to fully assess Department of Health and Human crease of only 59 percent for research risk. Services to study the clinical compara- and development for drugs—clearly, a Quite simply, we should always tive effectiveness of drugs and then heavy investment in direct consumer strive to make safety the top concern, take that information and share it advertising. Why? Because that adver- not selling the most drugs through in- with patients, to share it with con- tising increases utilization of that drug creasing utilization, through adver- sumers so they can make prudent deci- and sells more drugs. tising, but ultimately to make safety sions. The Clinton administration at the our top concern, especially for newly We have taken some good steps, time they opened this door—under in- approved products that are used for the moved in the right direction, but we tense pressure by the drug industry— very first time in millions and millions clearly have a lot more to do. Part of not only opened the door but opened of patients. It takes time for the ad- this effort, and the reason I bring it to the door too widely, and our regulatory verse reactions and side effects to be the Senate today, is a responsibility we body has not kept up with what has fully explored and to fully surface. have to look at prescription drug ad- come through that door. As a result, Doctors should have more time to use vertising. Unbalanced and misleading the direct-to-consumer advertising ex- the drugs to gain experience with prescription drug advertising hurts the ploded to levels that at least I did not them, to collect more balanced infor- American people. We will look at it. It anticipate. As we watched this unfold mation, and to be able to weigh the adds tension to the relationship be- through the 1990s, I don’t think anyone risks and benefits of a product. tween doctors and patients, the physi- anticipated the level that we see when In a 2002 report on the practice, the cian-patient relationship. It can lead to we turn on the television today. That Government Accountability Office, the inappropriate prescribing, and it can drives up drug use, that drives up drug GAO, highlighted two studies. The last overwhelm our current regulatory sys- spending, and, of course, that will drive time it has been studied—and that is tem. up the cost of health care generally. why I want to study it now, because we As consumers, we are all familiar In addition to all that, it has led to have had this explosion—but in the two with these ads. They adorn major mag- inappropriate doctor-physician pre- studies they highlighted in 2002, the azines, Web sites, newspapers, and

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7878 CONGRESSIONAL RECORD — SENATE July 1, 2005 flood the airwaves. Particularly on tel- patient demand for specific medica- the new treatments to be able to assess evision, they present upbeat images, a tions, even in situations where pre- their benefits and find out more about parade of images that bring hope and scriptions are not needed. the risk. Education should come before beauty with these positive images, but Finally, we need to ask questions persuasion. Patient safety should be often the warning and the cautions are about how we regulate this drug adver- paramount, not the bottom line. in either fine print or as an after- tising. Right now, the Food and Drug So what should we do? Three things. thought. As I mentioned earlier, think Administration simply has neither the First, we should give the FDA prior how many parents have found them- resources to scrutinize direct-to-con- review and approval authority for all selves watching a sporting event with sumer advertisements nor the power to direct-to-consumer drug advertising. their son or daughter, only to be as- review them for accuracy before they By the time the FDA reprimands a saulted by an ad for erectile dysfunc- are viewed by the public. In 2002, the company for running a misleading drug tion. FDA received over 137,000 pieces of pro- commercial, that advertisement may Think back to advertising during motional material for review. Some of have already deceived consumers. Ad- this year’s Super Bowl, the nature of these materials appeared on the air- vertising should boldly and responsibly those ads and the focus of those ads. waves or in print even before they ar- address safety head on, replacing the Only rarely do these ads provide con- rived at the office of the FDA. upbeat fantasyland images with a sumers with enough time to absorb the The entire division responsible for frank discussion of a product’s risks risk information. In a 2002 FDA study, this oversight consists of 40 employ- and benefits. nearly 60 percent of patients reported ees—just 40 employees—who have to re- Second, we should increase resources drug advertisements did not provide view almost 40,000 complex, medically devoted to reviewing advertising, to de- enough risk information. In that study, sensitive advertisements. It is not termine the advertisement’s accuracy 58 percent of patients felt these ads enough. The FDA knows it is not and to ensure all standards are met. portrayed products as better than they enough. We have not given them The FDA must have the resources, are. In another 2002 FDA survey, 75 per- enough resources. must have the capability to more thor- cent of physicians said ads led patients Two years ago, Dr. Janet Woodcock, oughly monitor drug advertising and to overestimate the efficacy of the then the FDA’s Acting Deputy Com- make sure that companies fully com- drugs, and 65 percent of physicians missioner for Operations, told the Sen- ply with the advertising guidelines. noted that patients confused the risk ate Committee on Aging: The American people assume this is and benefits of drugs advertised to con- It would be impossible for the FDA to try being done today when they see those sumers. to track the number of different broadcast ads, and it is not. A staff of 40 is simply What this means is sometimes a pa- advertisements that are aired. not sufficient. tient may request a drug, even insist Almost unbelievable to me is the fact And third, we should give doctors and upon a drug, even if it does more harm that the FDA review comes after the patients greater access to clinical data than good. They may too heavily rely fact. It cannot require drug companies and postmarketing surveillance efforts on a pill when an overall lifestyle to submit their advertisements before about drugs after they become avail- change might be more appropriate. they appear on the airwaves or on the able. They may come in and demand the lat- Internet or in print. The FDA simply For the drug industry, which has est, most expensive medication when cannot keep up. long touted the educational benefits of an old standby could do just as well. Our failure, our Government’s fail- its advertising and of its mission, it Patients seeing the ads place new de- ure, to appropriately regulate drug ad- has to know that the success of their mands on their doctors. As I men- vertising hurts the very people I be- mission inherently depends upon the tioned, when my medical colleagues lieve the drugs are intended to help, quality of information they give to are pressed for time, they tend to re- and that is the patients. We are not physicians and patients—not just the spond with the easy way of responding serving the American people as well as enticing images, but the quality of in- to a specific demand—even if it might we should. formation. not be either the most cost-effective or Mr. President, 2 weeks ago, the phar- Mr. President, in closing, as a doctor efficacious drug. maceutical company Bristol-Myers who has witnessed both the good but Thinking of one example, after one Squibb announced a voluntary ban on also the bad in this explosion of drug year of directly advertising the bone- advertising its new drugs to consumers advertising direct to the consumer, I mass-increasing drug Fosamax to con- in their first year on the market. The feel I have a responsibility to watch sumers, physician visits for company said it wanted to give doctors this issue closely. If the pharma- osteoporosis evaluation nearly doubled. more time to understand new products ceutical industry’s voluntary restric- That in some ways may be good be- before patients start asking for them. I tions are not strong enough, I will sup- cause it shows the double-edged sword think this shows leadership. It shows port congressional action to make sure in that people go to the doctor and responsibility. Bristol-Myers is setting consumers get the protection they de- they ask appropriate questions. But an example in showing restraint in the serve. then you have to ask the question: Did industry. In the meantime, today, I am asking these ads provide the patients with the I know PhRMA—that is the drug in- the Government Accountability Office, appropriate information to go see that dustry’s trade association—has an- the GAO, to investigate FDA’s over- doctor for the appropriate information nounced it will adopt an industrywide sight of prescription drug advertising, on the side effects of that particular voluntary code governing direct-to- the pharmaceutical industry’s spending drug? consumer advertising next month—an- on such advertising, and this An interesting study from the Uni- other good move. advertising’s impact on utilization, versity of California-Davis was where Mr. President, what should we do? I health care spending, and patient edu- the researchers sent actors in good believe, at a minimum, the pharma- cation and awareness. health to 152 doctors’ offices in three ceutical industry should include a vol- Wherever I go—whether it is to meet cities to find out if they could get pre- untary restriction on the direct-to-con- with a group of doctors at a medical scriptions for simulated symptoms. sumer advertising of prescription drugs meeting at the Harvard Medical School Half of the actors imitated patients in their first 2 years on the market. or back at the University of Tennessee suffering depression. The other half ex- This restraint is important because a or at the Coca-Cola 600 in Charlotte— pressed symptoms of stress and fatigue. typical clinical trial for a drug in- people come to me and say the direct- The study found that if an actor re- cludes about 5,000 patients. A block- to-consumer advertising has gone over- quested Paxil, which is a heavily pro- buster drug can attract as many as a board. moted antidepressant, he was five million patients in the first year on the We have to return balance. I believe times as likely to walk out of the doc- market. But since no drug is free of a we can and we should move into a tor’s office with a prescription for the side effect, we may not fully know health care system that is centered on drug. The research suggested that di- what those side effects are. Doctors the patient, where they have appro- rect-to-consumer advertising increases and patients need time to learn about priate information to make decisions—

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7879 a consumer-driven, provider-friendly, Coincidentally, she finished with a Since 1981, Justice Sandra Day patient-centered system. man who would later become her col- O’Connor has served with distinction I know my colleagues share these or league on the highest Court in the on the U.S. Supreme Court. She has similar priorities. I believe the steps I land—Chief Justice William H. served as an example to all Ameri- have proposed today will be to the ben- Rehnquist. cans—demonstrating that through per- efit of patients. It will save money. It It was during law school that Sandra sistence and hard work anything is will save lives. Prescription drugs, I be- Day O’Connor met her future husband, possible. lieve, are the most powerful tools in John Jay O’Connor. In the face of obstacles—including American medicine today. We really Seeking her first job as a young, fe- being a woman in a male-dominated could not and should not do without male attorney, Sandra Day O’Connor law profession—she never surrendered them. But we have to use them and faced many challenges in a male-domi- her determination nor did she sur- market them and promote them with nated law profession. render her Southwestern pride and love care. After having difficulty finding a job of the outdoors when she moved to the Mr. President, I yield the floor. in the private sector, she began her city. Rather, she brought it with her. legal career as Deputy County Attor- f Anyone who has entered the inner ney of San Mateo, CA. confines of Justice O’Connor’s Supreme RESERVATION OF LEADER TIME When her husband was drafted into Court office is familiar with a sign that The ACTING PRESIDENT pro tem- the JAG Corps in 1953, the young cou- reads ‘‘Cowgirl Parking Only: All Oth- pore. Under the previous order, the ple moved to Frankfurt, Germany, ers will be Towed.’’ leadership time is reserved. where she worked as a civilian attor- Fiercely proud of her heritage, Jus- ney for the U.S. Army. f tice O’Connor and her brother, H. Alan After 2 years in Europe, Sandra Day MORNING BUSINESS Day, authored a best selling memoir O’Connor returned to Maryvale, AZ, ‘‘entitled Lazy B: Growing up on a Cat- The ACTING PRESIDENT pro tem- where she experienced difficulty find- tle Ranch in the American Southwest.’’ pore. Under the previous order, there ing employment in the legal world. As Having grown up in the South—in will now be a period for the transaction a result, she decided to start her own Nashville, TN—I appreciate Justice of morning business, with Senators legal practice. O’Connor’s pride in her roots. She has After practicing law for 2 years, San- permitted to speak for up to 10 minutes not forgotten where she came from. dra Day O’Connor took a break from each. The values she learned through life her career to start a family. She and Mr. FRIST. Mr. President, I suggest on the range were values that left their her husband raised three sons—Scott, the absence of a quorum. brand mark. Indeed, hard work, self-re- Brian, and Jay. I must say, as a father The ACTING PRESIDENT pro tem- liance, and survival are the core values of three sons, this may be her greatest pore. The clerk will call the roll. that make Sandra Day O’Connor the accomplishment—certainly, one of the The assistant legislative clerk pro- successful woman she is today. most challenging. ceeded to call the roll. As she writes in her memoir, working In 1965, Sandra Day O’Connor Mr. FRIST. Mr. President, I ask alongside cowboys on the Lazy B, she transitioned from the private sector, to unanimous consent that the order for learned a system of values that was the public, when she became Arizona’s the quorum call be rescinded. ‘‘simple and unsophisticated and the The ACTING PRESIDENT pro tem- Assistant Attorney General. In this capacity, she served for 4 product of necessity.’’ pore. Without objection, it is so or- years before being appointed to fill an Throughout her tenure on the Court, dered. unexpired seat in the Arizona State she has not wavered from her well- f Senate. Her constituents agreed it was grounded views. RETIREMENT OF JUSTICE SANDRA a good match—as they elected her I’ve had the privilege of meeting Jus- DAY O’CONNOR twice more. tice O’Connor on various occasions dur- In the Arizona Senate she rose to the ing my time in the United States Sen- Mr. FRIST. Mr. President, I rise to ate. pay tribute to a truly distinguished highest level, becoming majority leader and the first woman ever to hold Each time that I’ve had the oppor- American—U.S. Supreme Court Justice tunity to interact with her, I’ve found Sandra Day O’Connor, who announced such an office in the United States. As majority leader of this body, I un- her to be thoughtful, kind, and extraor- her retirement earlier this morning. derstand the challenges and rewards of dinarily intelligent. The current group of nine Justices, being leader and admire Justice O’Con- To echo the words of Ronald Reagan including Justice O’Connor, rep- nor for her tremendous achievement. on the day he appointed Sandra Day resented the longest serving Supreme In 1975, Sandra Day O’Connor was O’Connor: Court since the 1820s. elected, judge of the Maricopa County She is truly a ‘‘person for all seasons,’’ pos- Today marks a great loss for Amer- Superior Court and served until 1979, sessing those unique qualities of tempera- ica. But it is also a day to reflect on all when she was appointed to the appel- ment, fairness, intellectual capacity and de- that we have gained because of Justice late bench in Arizona. votion to the public good which have charac- O’Connor’s service to our country. There she served, until late President terized the 101 ‘‘brethren’’ who have preceded her. For nearly 23 years, Justice O’Connor Ronald Reagan appointed her Associate lent America her brilliant mind and Justice to the Supreme Court. Today, more than 23 years later, her fair and impartial judgment. On September, 21, 1981, the Senate President Reagan’s words still ring Sandra Day O’Connor, who turned 75 unanimously confirmed her nomina- true. this year, was born in El Paso, TX. tion to the Supreme Court. And that When she took the oath of office as The daughter of Harry and Ada Mae, day, Sandra Day O’Connor made his- the 102nd Associate Justice, she she was raised on her family’s cattle tory. She became the first female Jus- pledged to uphold the Constitution, ranch, in southeastern Arizona. tice in the Court’s history. and since this time, Justice O’Connor Sandra Day O’Connor began her aca- This 51-year-old Arizona-Court of Ap- has proven her steadfast commitment demic journey at Stanford University. peals judge shattered the 190–year-long to uphold the Constitution. Upon earning a bachelor’s degree in tradition on the High Court of address- During her confirmation hearing, she economics and graduating magna cum ing Justices: ‘‘Mr. Justice.’’ emphasized that the court’s role was to laude, she stayed on at Stanford, pur- When asked for her reaction to her interpret the law and not to make pub- suing an education in law. nomination, Sandra Day O’Connor lic policy. And at Stanford she thrived. She said: Her record demonstrates that she has earned a coveted position on the Law I can only say that I will approach [my lived up to that commitment, respect- Review’s Board of Editors and com- work on the bench] with care and effort and ing the rule of law and judiciously in- pleted law school in only 2 years. Not do the best job I possibly can do. terpreting the Constitution. only did she graduate in record time, Most would agree that she has done Often cited as the ‘‘swing vote’’ on but she finished third in her class. just that. many important cases, Sandra Day

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7880 CONGRESSIONAL RECORD — SENATE July 1, 2005 O’Connor has taken exception to that mend Justice Sandra Day O’Connor for Frivolous filings dull our competitive characterization, stating that ‘‘if my a lifetime of distinguished service to edge, clog up state courts, waste tax- vote has not been a hundred percent our great Nation. payer dollars, and lead to outrageous predictable, that’s because I try to As the Senate moves forward to con- settlements that award trial attorneys look at each one as it comes to us.’’ firm a new nominee for the high Court, multimillion-dollar fees while their cli- Sandra Day O’Connor is an inde- it’s important that we remember her ents get pennies. pendent thinker and has made great legacy. Reform was long overdue. So we contributions in many substantive America needs judges who are fair, pulled together and finally passed a areas of the law. independent, unbiased and committed comprehensive class action reform bill On the bench, she has not allowed the to equal justice under the law. I am with nearly three-quarters of the Sen- pressures of popular opinion to sway confident that the President will select ate voting in favor. One week later, the her decisions. Rather, she has consist- a qualified replacement justice who bill was signed into law. And we deliv- ently decided each case before her embodies these qualities. ered to America a victory for fairness. based on the underlying facts. And I look forward to working with With this success at our backs, we Despite being the first woman to my colleagues to ensure a fair con- turned to bankruptcy abuse. serve on the high Court, Justice O’Con- firmation process in the Senate that Bankruptcy reform had long been in nor has not used this position to influ- will ensure the Supreme Court is at the works. Similar bills had passed the ence decisions of the majority. She full strength to start its next term in 105th, 106th and 107th Congresses. In once said: October. this Congress, we passed the most The power I exert on the court depends on I yield the floor. sweeping overhaul of bankruptcy law the power of my arguments, not my gender. f in 25 years to restore fairness, integrity and personal responsibility to the Her wisdom, intellect, and humility SENATE ACCOMPLISHMENTS have earned her deep respect from her system. And like class action, the colleagues, even those with opposing Mr. FRIST. Mr. President, before we bankruptcy bill passed with broad, bi- judicial philosophies. leave for the Fourth of July recess, I partisan support. For they see that she embodies all want to congratulate my colleagues for I thank my colleagues for finally get- the ideal qualities in a judge—fair, im- their hard work and focus over the past ting these reforms through. It was not partial, and open-minded. 6 months. We have worked hard to de- easy. A rich and powerful constituency Through her experiences, Justice liver meaningful solutions for the had a lot to lose from reform. But com- O’Connor has brought a unique per- American people, and we have suc- mon sense prevailed and we were able spective and understanding of checks ceeded. to return fairness to the system. and balances to the Court. From lawsuit reform to trade and en- There is still much to do to curb the A true public servant—Sandra Day ergy policy, we have tackled a number lawsuit culture: asbestos, gun liability, O’Connor has served our Nation for al- of key issues that will make America and medical malpractice. But I am most four decades: As an Arizona State stronger, more prosperous and more se- hopeful that the bipartisan spirit that Senator and majority leader, State cure. carried us this far will continue to court judge, assistant State attorney We also confirmed six new members push us across the finish line. general, and in the capacity for which of the President’s administration, in- The highway bill was another area she will long be remembered, as an As- cluding Secretary Condoleezza Rice, where we were able to come together sociate Justice on the Supreme Court. Homeland Security Chief Michael and keep America moving forward. Throughout her life, Justice O’Con- Chertoff, Attorney General Alberto The highway bill was the result of a nor has displayed her civic loyalties Gonzales, Trade Representative Rob long, bipartisan process. It was based through her participation in various Portman, EPA Administrator Stephen on more than 3 years of work, over a community organizations including the L. Johnson, and the first ever National dozen hearings, testimony from more boards of the Smithsonian Institution, Intelligence Director, John that 100 witnesses, and countless hours the Heard Museum, and the Salvation Negroponte. of negotiation. It was supported by a Army. As I reflect on the goals set out in deep and broad coalition—from State She was recognized for her service in January, we took on big and urgent and local highway authorities to na- 1995, when she was inducted into the challenges. And our actions have trans- tional safety advocates. National Women’s Hall of Fame. lated into solutions. Together we are As every commuter knows, America’s Sandra Day O’Connor has accom- moving America forward. roads have become choked with traffic. plished more in a lifetime than many When we began the 109th Congress 6 In many American cities, rush hour would imagine possible. months ago, America faced a number of now lasts all day long. Yet, throughout that breathtaking structural problems threatening our Worse yet, car crashes are the No. 1 journey to the top, she never lost sight safety, prosperity, and freedom. cause of death for every age from 3 to of her humble roots, and never lost America was drowning in lawsuit 33. Last year, nearly 43,000 people died sight of the people she served. abuse. Our highways and ports were in car accidents. As she told a reporter in a 1996 inter- falling into disrepair. We were hitting Transportation Secretary Norm Mi- view that she never expected or aspired our 10th year with no energy plan and neta rightly observed that, ‘‘If this to be a justice, and still considers her- becoming ever more dependent on for- many people were to die from any one self ‘‘just a cowgirl from Arizona.’’ eign oil. Partisan obstruction was tear- disease in a single year, Americans While the ‘‘cowgirl from Arizona’’ ing apart the confirmation process. Our would demand a vaccine.’’ may never have dreamed of riding to troops in the field needed our support. This year, we were able to provide re- the highest court in the land, America And over the Christmas holiday, a tsu- lief. By a vote of 89 to 11, we passed the is fortunate that she did. nami disaster devastated Southeast long overdue SAFETEA bill. As com- A brilliant jurist, a bright legal Asia. munities improve their roads and mind, and a compassionate woman— We needed to take bold action, so I ports, America’s drivers will face less she has earned her place in history for laid out a plan. time sitting in traffic, burning up time more reasons than one. We began by passing the 5th fastest and gas. I am sure that Justice O’Connor is budget in Senate history. That allowed Which brings me to energy. Like the looking forward to spending time with us to move on to the issues starting highway bill and lawsuit abuse reform, her husband, John, and their family with class action. Frivolous lawsuits energy policy had languished for during her retirement. were so out of control that litigation in years—in this case, for over a decade. And Karyn and I wish her and her America had become the most expen- While Congress dithered, oil prices family much joy and happiness in this sive in the world. In 2003, the tort sys- soared. new chapter of life. tem cost an incredible $246 billion— Likewise, instead of the lowest nat- On behalf of the entire United States more than the total economic output ural gas prices in the industrialized Senate and a grateful Nation, I com- of my home State of Tennessee. world, we have the highest.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7881 And because of high natural gas We immediately dispatched military Unfortunately, we see this now with prices, manufacturing and chemical ships, planes and helicopters to deliver the nomination of John Bolton to the jobs have been steadily moving over- aid. Twelve thousand of our men and United Nations. seas. Farmers are taking a pay cut. women in uniform worked around the I have listened to my Democrat col- Consumers are paying too much to clock to reach survivors. And Ameri- leagues and heard their requests. I heat and cool their homes. Commu- cans here at home, moved by the ter- have no choice but to conclude that nities across the country are suffering. rible images and stories, gave millions some on the other side are engaged in And as many as 2.7 million manufac- out of their own pockets to help. plain, partisan obstruction. turing jobs have been lost because of I had the opportunity to travel to the John Bolton has a long record of suc- soaring prices. region with Senator LANDRIEU to sur- cessfully serving his country. He has All the while, we have grown dan- vey the damage and meet with local been confirmed by the Senate no less gerously reliant on foreign sources of doctors and government officials. We than four times. energy. And some of those foreign learned that it will take years for the I have been more than willing to try sources do not have America’s best in- region to recover. Many families never to reach a fair accommodation with terests at heart. will. the various requests, but the goalposts With all of this as a backdrop, we The legislation we passed in April keep moving. were finally able, this week, to pass a provides an additional $880 million to This is a critical time for the United comprehensive Energy bill. It took 10 help the victims recover and rebuild. States and for the world. Because of years, but we made it. And I am hope- The tsunami story may no longer be the President’s vision and commit- ful that, soon, we will be able to deliver grabbing headlines, but America is still ment, democracy is on the march to the American people an energy plan hard at work doing its part. around the globe. And with sensible re- the makes America safer and more se- We are still also hard at work fight- form, the United Nations can and cure. ing the war on terror. And the emer- should be vital in advancing these de- Another area where we simulta- gency defense bill provides $75.9 billion velopments. But we need to get a U.N. neously strengthened America’s na- in support for our brave soldiers in Af- ambassador in place to make that tional and economic security was with ghanistan and Iraq hunting down the change happen. the passage of the Central American enemy, helping to rebuild and spread We have before us a smart, prin- Free Trade Agreement last night. freedom and democracy. cipled, and straightforward candidate The agreement, which President As the President reminded the Na- who will effectively articulate the Bush signed in May of 2004, will elimi- tion this week, we are engaged in an President’s policies on the world stage. nate most trade barriers between the epic struggle. The terrorists and insur- We were assured that the partisan United States, Costa Rica, El Salvador, gents want to deny the Iraqi people the obstruction would stop. But as we see Guatemala, Honduras, Nicaragua, and freedoms that are the right of all man- with the John Bolton nomination here the Dominican Republican. kind. we are again. I urge my colleagues to CAFTA will open the doors to 44 mil- They want democracy in Iraq to fail, do what is right for the country, to set lion new consumers of American goods. so that they can seize power and spread aside partisanship and let the Senate And more sales to Central America their poison. do its work, vote up or down, yes or no. mean more jobs here at home. But they will not succeed. We will We have much to do when we get It also means a more shared values. win this war. But to do so, we must back. It will be a busy month. I look Twenty years ago, only two of the continue to stand together, united in forward to getting down to business CAFTA nations were established de- support of our troops and in support of and passing more legislation, like the mocracies—Costa Rica and the United our values. The terrorists are no match Genetic Non-Discrimination Act we States. Today, all seven can be counted for the will of the American people. passed in February, that makes Amer- among the free nations of the world. And as Senators, we have no higher ica more secure. By linking their economies with duty than to protect our fellow citi- I thank my colleagues for their hard democratic capitalism, CAFTA will zens’ safety and well being. work. I wish them a safe, productive help gird these nations against the The past 6 months were not without and energizing holiday recess. threats posed in the neighborhood, their tense and dramatic moments in The ACTING PRESIDENT pro tem- mainly Venezuela and Cuba. It will the Senate—none were more dramatic pore. The Senator from Kentucky. strengthen their democracies and pro- than the battle to confirm the Presi- Mr. MCCONNELL. Mr. President, I vide a model for freedom seekers dent’s judicial nominees. ask unanimous consent that at the around the world. We appear to have begun to repair conclusion of my very brief remarks Which brings me to our outstanding the confirmation process and restore about the retirement of Justice O’Con- work on the world stage. In April, by a dignity, fairness, and respect to our de- nor, Senator VOINOVICH be recognized near unanimous vote, we passed the bates. for up to 15 minutes. emergency defense and war supple- As we said all along, each of these The ACTING PRESIDENT pro tem- mental and Tsunami relief. candidates was amply qualified, and pore. Is there objection? On the morning of December 26th, enjoyed the majority support of the Mr. STEVENS. May I inquire, does the world woke up to the terrible tsu- Senate. Each would be confirmed if the Senator from Ohio intend to speak nami disaster in Southeast Asia. brought to the Senate floor. And each about Justice O’Connor? Deep in the Indian Ocean, an enor- of them were: Priscilla Owen, Janice Mr. VOINOVICH. I do not. mous earthquake, estimated at a mag- Rodgers Brown, William Pryor, Rich- Mr. STEVENS. Mr. President, would nitude of 9.0 on the Richter scale—pos- ard Griffin, David McKeague, and Tom the Senator mind if I made a short sibly one of the most powerful earth- Griffith were all confirmed to the Fed- statement about Justice O’Connor be- quakes in history—caused a dev- eral bench. fore he speaks? astating tsunami which killed over Unfortunately, in the process, they Mr. VOINOVICH. I have been here 155,000 people, seriously injured half a had to endure continuous, unfair at- since 10 minutes to 10 waiting to give a million, and displaced as many as 5 tacks on their character. Some of the speech. I have a schedule today. I million from their demolished homes. nominees in the last Congress found would like to have my time. Thousands of people were literally the process so painful, they dropped Mr. STEVENS. Very well. washed out to sea as the enormous wall out rather than continue on. The ACTING PRESIDENT pro tem- of water traveling at speeds of up to 500 It is no wonder that we now hear re- pore. Without objection, it is so or- miles per hour in the open ocean ports that smart, qualified judges do dered. struck the coasts of the Indian Ocean not want to be considered for confirma- The Senator from Kentucky. rim. As the waves receded, they took tion to the Federal bench. They have Mr. MCCONNELL. Mr. President, I with them whole towns and villages. concluded that Washington is no place rise today to briefly celebrate the serv- In the face of this terrible tragedy, to risk your reputation—you may ice of Justice Sandra Day O’Connor. I America took swift action. never get it back. met Justice O’Connor through my wife,

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7882 CONGRESSIONAL RECORD — SENATE July 1, 2005 Labor Secretary Elaine Chao. Justice Bolton had a habit of cherrypicking in- In Iraq, the deaths of over 1,700 O’Connor swore her in for two of the telligence to suit his perception of the Americans and the injuries borne by al- positions she has held in the Federal world and his ideology. most 13,000 Americans bear witness to Government, as chairman of the Fed- The record has also documented Mr. this sacrifice. But the fact is, we have eral Maritime Commission and, also, Bolton’s tendency to stray off message to do a better job of getting our mes- most recently, as Secretary of Labor. in a manner that could harm U.S. in- sage out. Through Secretary Chao, I have seen terests and his need for supervision Our President, who made an out- her on several occasions socially. I from higher authorities to prevent him standing case for our need to stay the must say that she is an extraordinary from hurting U.S. objectives. The course in Iraq the other night, has stat- individual. During her time on the record documents the fact that I was ed on a number of occasions that we Court, Justice O’Connor has proven given assurances by the Secretary of need to improve our public diplomacy, herself to be a brilliant jurist and a State, Condoleezza Rice, that Mr. and he has been very successful in strong defender of the Constitution. Bolton would be supervised closely in pushing forward that agenda in recent She is known for her fairness and her his new position at the U.N. Because of months. As I mentioned before, the desire to seek practical solutions for these concerns—and according to other President has nominated Karen Hughes even the most difficult decisions upon Members of the Senate, they were to head up his public diplomacy efforts which the Court had to rule. given the same assurances—the ques- at the State Department, under- Justice O’Connor has proved to be an tion we all have to ask is, Why would standing that it is going to take a tal- independent thinker and a vigorous we send someone to the United Nations ented individual to get the job done. He who needs supervision? questioner, narrowing in on precise has also been very successful in I did not come to the floor today to strengthening relationships with key legal issues with laser-like precision repeat the record, although these allies in the last several months. from the bench. She has lived up to the issues are very important to our deci- The President has been very clear promise to respect the Constitution sion to confirm Mr. Bolton as our next about the importance of diplomacy in and to interpret the law judiciously, ambassador to the United Nations. I dealing with the world and the most seeking the narrowest reach possible came to the floor to talk about why pressing national security issues. Dur- for the Court’s rulings. Justice O’Con- this nomination is particularly unique nor is known for approaching each case and why it is particularly important at ing the President’s May 31 press con- individually, seeking to arrive at prac- this time in history that we send the ference at the White House, just a tical conclusions. right candidate to the United Nations. month ago, he stated: Justice O’Connor has been a great ad- The nominee that we send to the U.N. The best way to solve any difficult situa- vocate for the Court. She has traveled to be the face of the United States to tion is through diplomacy. the globe, speaking to thousands of the world community must be able to In response to questions about Iran, students, lawyers, foreign dignitaries, advance our objectives through diplo- the President stated that U.S. policy is and others on the judiciary, the Con- macy and improve the world’s opinion to let diplomacy work its way and to stitution, and the law. Justice O’Con- of the United States at this critical solve the problem with diplomacy, nor’s love of this Nation, its judicial time. America’s image is in trouble. working with the EU–3, France, Great process, and the law is widely known. World opinion is increasingly negative Britain, and Germany. In her most recent book, ‘‘Majesty of when it comes to the United States. It In response to questions about North the Law, Reflections of a Supreme is not limited to Muslim countries. Korea, the President said: Court Justice,’’ she insightfully de- Polls of traditional allies and nonallies We want diplomacy to work. scribes the institution of the Court, its reveal a dangerous rise in negative Repeating: history, customs, and some of its most opinion since the beginning of the con- We want diplomacy to be given a chance to able members. Certainly, we will all flict in Iraq. The Associated Press re- work. agree that Justice O’Connor will long ported that the popularity of the And that is exactly the position of be remembered as one of the most dis- United States in many countries, in- the Government. tinguished persons ever to serve on the cluding many in Europe, is lagging be- Based on these statements, there is High Court. We wish her very well in hind even Communist China. no doubt that U.S. national security her retirement. According to the Pew Research Cen- strategy is going to rely on diplomacy I yield the floor. ter for the People and the Press, about for the months ahead, and our ambas- The ACTING PRESIDENT pro tem- two-thirds of Britain, 65 percent, saw sador to the United Nations must have pore. Under the previous order, the China favorably compared with 55 per- the ability to implement this Presi- Senator from Ohio is recognized for 15 cent who held a positive view of the dential strategy. minutes. United States. It is easy to understand I recently spoke with Comptroller Mr. VOINOVICH. Mr. President, I why our friend, British Prime Minister General David Walker who heads the just found out that Sandra Day O’Con- Tony Blair, lost 30 seats in the Par- Government Accountability Office and nor has resigned from the Supreme liament. is an expert on change in governmental Court. I think regardless of what our The 9/11 Commission made this point organizations and how one achieves re- political persuasion is or our ideology, in its report that negative opinions of form in a governmental organization. we all respect her for living up to her the United States have a serious im- He said that in order to be successful oath of office in that her presence on pact on U.S. national security objec- on reform, you need someone who re- the Supreme Court is going to be tives. The report stated that winning spects the institution to be reformed missed by this country. hearts and minds through public diplo- and who is respected by the institu- f macy is just as critical to the war on tion. terrorism as other tools, such as mili- In a March 2005 article in the Los An- NOMINATION OF JOHN BOLTON tary assets and intelligence. I know I geles Times, it was reported that Mr. Mr. VOINOVICH. This is the third am not the only American who is dis- Bolton was asked why he opposed offer- time I have come to the Senate floor to turbed by these numbers. The allega- ing incentives to North Korea to aban- speak about the nomination of John tions and the criticism do not reflect don its nuclear weapons program. Bolton to be the next ambassador to the facts and are in no way fair to the Mr. Bolton stated, ‘‘I don’t do car- the United Nations. It is particularly United States of America. Our country rots.’’ apropos because the Senate is on the is a decent, generous country that has Any competent diplomat knows you eve of going into the Fourth of July re- sacrificed a great deal for our brothers need both a carrot and a stick to be cess. The record before the Senate doc- and sisters throughout the world. Our successful. One would assume by that uments the allegations related to Mr. men and women have sacrificed their statement that Mr. Bolton’s mode of Bolton’s lack of interpersonal skills lives in many wars and peacekeeping diplomacy is solely through carrying a and management style, the pattern of operations so that others could be free big stick. intimidation with intelligence ana- from oppression and free to pursue hap- I will read a few quotes of many Mr. lysts, and the allegations that Mr. piness. Bolton has spoken over the years:

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7883 There’s no such thing as the United Na- conservative and liberal alike—have ex- build a strong coalition including key mem- tions. pected much from the U.N. Too often, we ber-states from various regions and groups If the U.N. Secretary Building in New York have failed to meet those expectations. . . . many of whom share America’s’ strong lost 10 stories, it wouldn’t make a difference. In Washington, the debate now centers on desire to reform the United Nations into an Not only do I not care about losing the two documents which appeared last week: organization that works.’’ Such a coalition General Assembly vote, but actually see it as the report of the bipartisan Task Force led will not be built by one nation threatening a ‘‘make my day’’ outcome. by former Speaker Newt Gingrich and former to cut its own contribution unilaterally. Senator George Mitchell, and the Henry J. Most recently, in answering a ques- Other states will not accept such a ‘‘big Hyde United Nations Reform Act, adopted by stick’’ approach. tion from Juan Williams from National the House of Representatives. Fortunately, the Hyde withholding pro- Public Radio, Mr. Bolton said: There is considerable overlap between the posal is not backed by the administration, or If I were redoing the Security Council two prescriptions, as there is between both indeed by the task force. today, I’d have one permanent member be- and the reforms that I myself have pro- Even more important, however, is the glob- cause that’s the real reflection of the dis- posed—or, where they are within my power, al context The U.N. does not exist in a vacu- tribution of power in the world. am already implementing. That is not sur- um, or for its own sake. It is a forum in prising. The desire for change is widespread, which all the world’s peoples can come to- Mr. Williams queried: not only in the U.S., but among many other gether to find common solutions to their And that one member would be, John U.N. member-states, and also many U.N. common problems—and, when they so Bolton? staff. choose, also an instrument with which to Mr. Bolton responded: All of us want to make the U.N.’s manage- pursue those solutions. ment more transparent and accountable, and There are surely more shared global prob- The United States. its oversight mechanisms stronger and more lems and threats today, or anyway not fewer, This is not a man who is perceived to independent. than when the U.N. was founded. respect the U.N. and who will be re- All of us would like the General Assembly Among the most worrying are the pro- spected by the institution if he goes to streamline its agenda and committee liferation of terrorist groups and weapons of structure, so that time and resources are de- mass destruction, and the danger that the there. voted to the burning issues of the day, rather latter will fall into the hands of the former. The other issue that makes this nom- than to implementing resolutions passed Those are very serious threats to people in ination particularly unique is the great years ago in a different political context. rich and poor countries alike. The failure of opportunity we have before us to re- All of us are eager to make the U.N.’s last month’s review conference on the Nu- form the United Nations. This is not an human rights machinery more credible and clear Non-Proliferation Treaty to address ordinary time in regard to the U.N. more authoritative, notably by replacing the them seems breathtakingly irresponsible. I The U.N. has serious problems that present Commission on Human Rights with a hope the world’s political leaders will now Human Rights Council, whose members take up the issue, with much greater ur- need attention now. We all know about would set an example by applying the stand- gency. the flaws in the oversight system and ards they are charged to uphold. To deal with such issues, we need, among the corruption related to the Oil for All of us would like to see a Peacebuilding other things, a stronger and more represent- Food Program. Commission created within the U.N., to co- ative Security Council. There are also serious problems with ordinate and sustain the work of helping But the threats that seem most immediate countries make the transition from war to to many people in poor countries are those of the general management of the U.N., poverty, disease, environmental degradation, the Commission on Human Rights, and peace—so that we do not repeat the dangerous relapse into anarchy that we wit- bad government, civil conflict, and in some the standards of conduct for U.N. nessed in Afghanistan before 2001 and more cases—Darfur inevitably springs to mind— peacekeepers. All of these areas require recently in Haiti, as will as several African the use of rape, pillage and mass murder to reform now. countries. drive whole populations from their homes. The bipartisan U.S. task force, led by And all of us want to impose stricter We can only make progress if we address Newt Gingrich and George Mitchell, standards of conduct on U.N. peacekeeping all these threats at once. No nation can rea- missions, especially to put an end to sexual sonably expect cooperation on the things has issued a report detailing several that matter to it most, unless it is prepared recommendations for reforming the abuse and exploitation. Those are some examples, among many. I in return to help others with their priorities. U.N. and calling for action. believe this convergence of expectations of- And, as the U.N.’s own high-level reform The report notes that without a re- fers us—perhaps for the first time in 60 panel pointed out, the different kinds of newed and more effective United Na- years—a chance to bridge the gap between threats are closely interconnected. Neglect tions, the challenges to international aspiration and performance. and misgovernment in Afghanistan allowed security, development, and general Where there are differences—not so much terrorists to find a haven. Chaos in Haiti between the U.N. and the U.S., but between caused attempted mass migration to Florida. well-being will be all the greater be- And poor health systems in poor countries cause, as the report states, ‘‘an effec- the Hyde Act and the other proposals on offer—these relate essentially to two points: may make it easier for a disease like avian tive U.N. is in American interests.’’ the method to be used to make reform hap- flu to spread spontaneously, or even to be The opportunity to finally reform the pen, and the global context which makes spread deliberately, from one continent to U.N. is even greater now because we U.N. reform so important. another. have the support of U.N. Secretary For Mr. Hyde and his colleagues, reform So development and security are con- General Kofi Annan. He finally gets it, can only be brought about by threatening a nected—and both in turn are linked to human rights and the rule of law. The main Mr. President. draconian and unilateral cut in the U.S. contribution to the U.N. budget. purpose of my ‘‘In Larger Freedom’’ report In an article in Foreign Affairs Jour- I believe that approach is profoundly mis- was to suggest things that can and should be nal and in a recent article in the Wall taken and would, if adopted by the U.S. gov- done, by all nations working together, to Street Journal, Kofi Annan stated, ernment as whole, prove disastrously coun- achieve progress on all these fronts and to ‘‘The desire for change is widespread, terproductive. It would break the reformist make the U.N. a more effective instrument not only in the U.S., but among many coalition between the U.S. and other mem- for doing so. ber-states whose collective pressure could Decisions can be taken this September, member-states, and also many U.N. when political leaders from all over the staff.’’ otherwise make these reforms happen. The U.N. is an association of sovereign world meet at U.N. Headquarters for the 2005 I ask unanimous consent that both of states, which agreed, when they ratified the world summit. Over 170 have said they will these articles be printed in the RECORD. Charter, to share the expenses of the Organi- come, and President Bush is expected to be There being no objection, the mate- zation ‘‘as apportioned by the General As- among them. rial was ordered to be printed in the sembly.’’ The scale of assessment, which de- The stakes for the U.S., and for the world, could hardly be higher. The opportunity to RECORD, as follows: termines the share borne by each member- forge a common response to common threats state, is renegotiated every six years; and UNITED WE STAND may not soon recur. It is in that context, and every year the General Assembly passes a (By Kofi A. Annan) for that reason, that a reformed and resolution—invariabaly supported by the strengthened U.N. is so badly needed. This Sunday marks the 60th anniversary of U.S.—enjoining all members to pay their the signing of the United Nations Charter in contributions promptly, in full and without ‘‘IN LARGER FREEDOM’’: DECISION TIME AT 1945. Debate about ‘‘reform’’ of the U.N. has conditions. THE UN been raging almost from that moment on. The way to make changes or reforms, This is bcause—especially but not only in therefore, is to negotiate agreement with (By Kofi Annan) the United States—idealism and aspiration other member-states. OUR SHARED VULNERABILITY for the U.N. have always outstripped its ac- As the Gingrich-Mitchell task force put it, Ask a New York investment banker who tual performance. For 60-years Americans— ‘‘to be successful, American diplomacy must walks past Ground Zero every day on her

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7884 CONGRESSIONAL RECORD — SENATE July 1, 2005 way to work what today’s biggest threat is. dramatic geopolitical change have made this All states—strong and weak, rich and Then ask an illiterate 12-year-old orphan in imperative only more urgent. And since the poor—share an interest in having a collec- Malawi who lost his parents to AIDS. You attacks of September 11, 2001, people every- tive security system that commits them to will get two very different answers. Invite an where have come to realize this. A new inse- act cooperatively against a broad array of Indonesian fisherman mourning the loss of curity entered every mind, regardless of threats. The basis of such a system must be his entire family and the destruction of his wealth or status. More clearly than ever be- a new commitment to preventing latent village from the recent, devastating tsunami fore, we understand that our safety, our threats from becoming imminent and immi- to tell you what he fears most. Then ask a prosperity indeed, our freedom—is indivis- nent threats from becoming actual, as well villager in Darfur, stalked by murderous mi- ible. as an agreement on when and how force litias and fearful of bombing raids. Their an- A NEW SAN FRANCISCO MOMENT should be used if preventive strategies fail. swers, too, are likely to diverge. Yet precisely when these challenges have Action is required on many fronts, but Different perceptions of what is a threat become so stark, and when collective action three of them stand out as particularly ur- are often the biggest obstacles to inter- has become so plainly required, we see deep gent. First, we must ensure that cata- national cooperation. But I believe that in discord among states. Such dissonance dis- strophic terrorism never becomes a reality. the twenty-first century they should not be credits our global institutions. It allows the In that cause, we must make use of the allowed to lead the world’s governments to gap between the haves and the have-nots, the unique normative strength, global reach, and pursue very different priorities or to work at strong and the weak, to grow. It sows the convening power of the UN. To start, a com- cross-purposes. Today’s threats are deeply seeds of a backlash against the very prin- prehensive convention against terrorism interconnected, and they feed off of one an- ciples that the UN was set up to advance. should be developed. The UN has been cen- other. The misery of people caught in unre- And by inviting states to pursue their own tral in helping states negotiate and adopt 12 solved civil conflicts or of populations mired solutions, it calls into question some of the international antiterrorism conventions, but in extreme poverty; for example, may in- fundamental principles that have, however a comprehensive convention outlawing ter- crease their attraction to terrorism. The imperfectly, buttressed the international rorism in all its forms has so far eluded us mass rape of women that occurs too often in order since 1945. because of debates on ‘‘state terrorism’’ and today’s conflicts makes the spread of HIV Future generations will not forgive us if the right to resist occupation. It is time to and AIDS all the more likely. we continue down this path. We cannot just put these debates aside. The use of force by In fact, all of us are vulnerable to what we muddle along and make do with incremental Most lawyers recognize that the provision think of as dangers that threaten only other responses in an era when organized crime includes the right to take preemptive action people. Millions more of sub-Saharan Afri- syndicates seek to smuggle both sex slaves against an imminent threat; it needs no rein- ca’s inhabitants would plunge below the pov- and nuclear materials across borders; when terpretation or rewriting. Yet today we also erty line if a nuclear terrorist attack against whole societies are being laid waste by AIDS; face dangers that are not imminent but that a financial center in the United States when rapid advances in biotechnology make could materialize with little or no warning caused a massive downturn in the global it all too feasible to create ‘‘designer bugs’’ and might culminate in nightmare scenarios economy. By the same token, millions of immune to current vaccines; and when ter- if left unaddressed. The Security Council is Americans could quickly become infected if, rorists, whose ambitions are very plain, find naturally or through malicious intent, a new ready recruits among young men in societies fully empowered by the UN Charter to deal disease were to break out in a country with with little hope, even less justice, and nar- with such threats, and it must be ready to do poor health care and be carried across the rowly sectarian schools. It is urgent that our so. world by unwitting air travelers before it world unite to master today’s threats and We must also remember that state sov- was identified. not allow them to divide us and thus master ereignty carries responsibilities as well as No nation can defend itself against these us. rights, including the responsibility to pro- threats entirely on its own. Dealing with to- In recent months, I have received two tect citizens from genocide or other mass day’s challenges—from ensuring that deadly wide-ranging reviews of our global chal- atrocities. When states fail to live up to this weapons do not fall into dangerous hands to lenges: one from the 16-member High-Level responsibility, it passes to the international combating global climate change, from pre- Panel on Threats, Challenges, and Change, community, which, if necessary, should venting the trafficking of sex slaves by orga- which I had asked to make proposals to stand ready to take enforcement action au- nized criminal gangs to holding war crimi- strengthen our collective security system; thorized by the Security Council. nals to account before competent courts—re- the other from 250 experts who undertook The decision to use force is never easy. To quires broad, deep, and sustained global co- the UN Millennium Project and devised a help forge consensus over when and how re- operation. States working together can plan to cut global poverty in half within the sort to force is appropriate, the Security achieve things that are beyond what even next ten years. Both reports are remarkable Council should consider the seriousness of the most powerful state can accomplish by as much for their hardheaded realism as for the threat, whether the proposed action ad- itself. their bold vision. Having carefully studied dresses the threat, the proportionality of Those who drew up the charter of the them, and, extensively consulted UN member that proposed action, whether force is being United Nations in 1945 saw these realities states, I have just placed before the world’s contemplated as a last resort, and whether very clearly. In the aftermath of World War governments my own blueprint for a new era the benefits of using force would outweigh II, which claimed the lives of 50 million peo- of global cooperation and collective action. the costs of not using it. Balancing such con- ple, they established at the San Francisco My report, entitled ‘‘In Larger Freedom,’’ siderations will not produce made-to-meas- conference in 1945 an organization (in the calls on states to use the summit of world ure answers but should help produce deci- words of the charter) to ‘‘save succeeding leaders that will be held at UN headquarters sions that are grounded in principle and generations from the scourge of war.’’ Their in September to strengthen our collective se- therefore command broad respect. purpose was not to usurp the role of sov- curity, lay down a truly global strategy for LIVING IN DIGNITY ereign states but to enable states to serve development, advance the cause of human their peoples better by working together. rights and democracy in all nations, and put Accepting our solemn responsibility to The UN’s founders knew that this enterprise in place new mechanisms to ensure that protect civilians against massive violations could not be narrowly conceived because se- these commitments are translated into ac- of human rights is part of a larger need: to curity, development, and human rights are- tion. Accountability—of states to their citi- take human rights and the rule of law seri- inextricably linked. Thus they endowed the zens, of states to one another, of inter- ously in the conduct of international affairs. new world organization with broad ambi- national institutions to their members, and We need long-term, sustained engagement to tions: to ensure respect for fundamental of this present generation to future ones—is integrate human rights and the rule of law human rights, to establish conditions under essential for our success. With that in mind, into all the work of the UN. This commit- which justice and the rule of law can be the UN must undergo the most sweeping ment is as critical to conflict prevention as maintained, and, as the charter says, ‘‘to overhaul of its 60-year history. World leaders it is to poverty reduction, particularly in promote social progress and better standards must recapture the spirit of San Francisco states struggling to shed a legacy of vio- of life in larger freedom.’’ and forge a new world compact to advance lence. When the UN Charter speaks, of ‘‘larger the cause of larger freedom. The UN, as the vehicle through which the freedom,’’ it includes the basic political free- FREEDOM FROM FEAR Universal Declaration of Human Rights and doms to which all human beings are entitled. The starting point for a new consensus two international human rights covenants But it also goes beyond them, encompassing should be a broad view of today’s threats. have been promulgated, has made an enor- what President Franklin Roosevelt called These dangers include not just international mous contribution to human rights. But the ‘‘freedom from want’’ and ‘‘freedom from wars but also civil violence, organized crime, international machinery in place today is fear.’’ Both our security and our principles terrorism, and weapons of mass destruction. not sufficient to ensure that those rights are have long demanded that we push forward all They also include poverty, infectious dis- upheld in practice. The Office of the UN High these frontiers of freedom, conscious that ease, and environmental degradation, since Commissioner for Human Rights operates on progress on one depends on and reinforces these ills can also have catastrophic con- a shoestring budget, with insufficient capac- progress on the others. In the last 60 years, sequences and wreak tremendous damage. ity to monitor the field. The high commis- rapid technological advances, increasing eco- All of these can undermine states as the sioner’s office needs more support, both po- nomic interdependence, globalization, and basic units of the international system. litical and financial. The Security Council—

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7885 and in time, I hope, the proposed drastically accelerate and scale up our ac- world of 1945, not that of the twenty-first Peacebuilding Commission—should involve tion this year. Development gains cannot be century. It must be reformed to include the high commissioner much more actively achieved overnight. It takes time to train states that contribute most to the organiza- in its deliberations. teachers, nurses, and engineers; to build tion, financially, militarily, and diplomati- The Commission on Human Rights has roads, schools, and hospitals; and to grow the cally, and to represent broadly the current been discredited in the eyes of many. Too small and large businesses that create jobs membership of the U.N. Two models for ex- often states seek membership to insulate and generate income for the poor. panding the council from 15 to 24 members themselves from criticism or to criticize oth- The U.N. summit in September must be are now on the table: one creates six new ers, rather than to assist in the body’s true the time when all nations sign up not just permanent seats and three new nonperma- task, which is to monitor and encourage the for a declaration but also for a detailed plan nent ones; the other creates nine new non- compliance of all states with their human of attack on deadly poverty by which all can permanent seats. Neither model expands the rights obligations. The time has come for be judged. That summit will be a moment for veto power currently enjoyed by the five per- real reform. The commission should be deeds rather than words—a moment to im- manent members. I believe the time has transformed into a new Human Rights Coun- plement the commitments that have been come to tackle this issue head on. Member cil. The members of this council should be made to move from the realm of aspirations states should make up their minds and reach elected directly by the General Assembly to that of operations. a decision before the September summit. and pledge to abide by the highest human At the core of this plan must be the global Equally important is reform of the U.N. rights standards. partnership between rich and poor countries, Secretariat and the wider network of agen- No human rights agenda can ignore the the terms of which were set out three years cies, funds, and programs that make up the right of all people to govern themselves ago at the International Conference on Fi- U.N. system. Since 1997, there has been a through democratic institutions. The prin- nancing for Development in Monterrey, Mex- quiet revolution at the U.N., rendering the ciples of democracy are enshrined in the Uni- ico. That historic compact was firmly system more coherent and efficient. But I versal Declaration of Human Rights, which, grounded in the principles of mutual respon- am deeply conscious that more needs to be ever since it was adopted in 1948, has inspired sibility and mutual accountability. It re- done to make the organization more trans- constitutions in every corner of the globe. affirmed the responsibility of each country parent and accountable, not just to member Democracy is more widely accepted and for its own development and elicited con- states, but to the public on whose confidence practiced today than ever before. By setting crete commitments from wealthy nations to it relies and whose interests it ultimately norms and leading efforts to end colonialism support poorer ones. must serve. Recent failures have only under- and ensure self-determination, the UN has In September, all developing countries lined this imperative. helped nations freely choose their destiny. should undertake to put forward, by 2006, I am already taking a series of measures to The UN has also given concrete support for practical national strategies to meet the make the U.N. Secretariat’s procedures and elections in more and more countries: in the Millennium Goals. Each country should map management more open to scrutiny. But if last year alone, it has done so in more than the key dimensions and underlying causes of reform is to be truly successful, the sec- 20 areas and countries, including Afghani- extreme poverty, use that map to assess its retary-general, as chief administrative offi- stan, Palestine, Iraq, and Burundi. Since de- needs and identify necessary public invest- cer of the organization, must be empowered mocracy is about far more than elections, ments, and convert that assessment into a to manage it with autonomy and flexibility, the organization’s work to improve govern- ten-year framework for action, elaborating so that he or she can drive through the nec- ance throughout the developing world and to three-to-five-year poverty-reduction strate- essary changes. The secretary-general must rebuild the rule of law and state institutions gies for the meantime. be able to align the organization’s work pro- in war-torn countries is also of vital impor- Donors must also ensure that developing gram behind the kind of agenda I have out- tance. Member states of the UN should now countries that put such strategies in place lined, once it is endorsed by member states, build on this record, as President George W. really do get the support they need, in the and not be hamstrung by old mandates and a Bush suggested to the UN General Assembly form of market access, debt relief, and offi- fragmented decision-making structure that in September 2004, by supporting a fund to cial development assistance (ODA). For too jeopardize setting a central strategic direc- help countries establish or strengthen de- long, ODA has been inadequate, unpredict- tion. When member states grant the post mocracy. able, and driven by supply rather than de- this autonomy and flexibility, they will have Of course, at the UN, democratic states mand. Although such aid has been increasing both the right and the responsibility to de- sometimes have to work with nondemocratic since the Monterrey summit, already with mand even greater transparency and ac- ones. But today’s threats do not stop neatly noticeable results, many donors still give far countability. at the borders of democratic states, and just less than the target of 0.7 percent of gross DECISION TIME as no democratic nation restricts its bilat- national income. All of them should now In calling on member states to make the eral relations to democracies, no multilat- draw up their own ten-year strategies to most far-reaching reform in the organiza- eral organization designed to achieve global meet the 0.7 percent target by 2015 and en- tion’s history and to come together on a objectives can restrict its membership to sure that they reach 0.5 percent by 2009. range of issues where collective action is re- them. I look forward to the day when every We need action on other fronts, too. On quired, I do not claim that success through member state of the General Assembly is global climate change, for example, the time multilateral means is guaranteed. But I can democratically governed. The UN’S uni- has come to agree on an international frame- almost guarantee that unilateral approaches versal membership is a precious asset in ad- work that draws in all major emitters of will, over time, fail. I believe states have no vancing that goal. The very fact that non- greenhouse gases in a common effort to com- reasonable alternative to working together, democratic states often sign on to the U.N.’s bat global warming beyond the year 2012, even if collaboration means taking the prior- agenda opens an avenue through which other when the Kyoto Protocol is due to expire. We ities of your partners seriously to ensure states, as well as civil society around the need both a commitment to a new regulatory that they will take seriously your own in re- world, can press them to align their behavior framework and far more innovative use of turn—even if, as President Harry Truman with their commitments. new technologies and market mechanisms in said in San Francisco 60 years ago, ‘‘We all carbon trading. We must also learn the les- FREEDOM FROM WANT have to recognize, no matter how great our son of December’s devastating tsunami, by Support for human rights and democracy strength, that we must deny ourselves the li- putting in place a worldwide capability to must go hand in hand with serious action to cense to do always as we please.’’ give early warning of all natural hazards— promote development. A world in which The urgency of global cooperation is now not just tsunamis and storms, but floods, every year 11 million children die before more apparent than ever. A world warned of droughts, landslides, heat waves, and vol- their fifth birthday, almost all from prevent- its vulnerability cannot stand divided while canic eruptions. able causes, and 3 million people of all ages old problems continue to claim the lives of die of AIDS is not a world of larger freedom. A RENEWED UN millions and new problems threaten to do It is a world that desperately needs a prac- If the U.N. is to be a vehicle through which the same. A world of interdependence cannot tical strategy to implement the Millennium states can meet the challenges of today and be safe or just unless people everywhere are Declaration on which all states solemnly tomorrow, it needs major reforms to freed from want and fear and are able to live agreed five years ago. The eight Millennium strengthen its relevance, effectiveness, and in dignity. Today, as never before, the rights Development Goals that are to be achieved accountability. In September, decisions of the poor are as fundamental as those of by 2015 include halving the proportion of peo- should be reached to make the General As- the rich, and a broad understanding of them ple in the world who live in extreme poverty sembly and the Economic and Social Council is as important to the security of the devel- and hunger, ensuring that all children re- more strategic in their work. Just as we con- oped world as it is to that of the developing ceive primary education, and turning the template creating new institutions such as a world. tide against HIV/AIDS, malaria, and other Peacebuilding Commission, we should abol- Ralph Bunche, a great American and the major diseases. ish those that are no longer needed, such as first U.N. official to receive the Nobel Peace The urgency of taking more effective ac- the Trusteeship Council. Prize, once said that the U.N. exists ‘‘not tion to achieve these goals can hardly be No reform of the U.N. would be complete, merely to preserve the peace but also to overstated. Although the deadline is still a however, without Security Council reform. make change—even radical change—possible decade away, we risk missing it if we do not The council’s present makeup reflects the without violent unheaval. The U.N. has no

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7886 CONGRESSIONAL RECORD — SENATE July 1, 2005 vested interest in the status quo.’’ Today, ADVERTISING FOR PRESCRIPTION description of the joy she had being these words take on new significance. The DRUGS able to have the time to fish and to U.N.’s mission of peace must bring closer the think as she did that. It was a real joy day when all states exercise their sov- Mr. VOINOVICH. Mr. President, I will comment for a couple of minutes to read that letter. ereignty responsibly, deal with internal dan- I also asked Sandra Day O’Connor to gers before these threaten their citizens and on the very fine statement the leader those of other states, enable and empower made in regard to the advertising for come to Alaska and speak—she has their citizens to choose the kind of lives they prescription drugs. I think he made a been there many times—at the Anchor- would like to live, and act with other states clear statement and sends a large mes- age Library. She gave a stirring ad- to meet global threats and challenges. In sage to the drug companies that they dress to mainly young women who short, the U.N. must steer all of the world’s have to reevaluate their advertising were part of the Alaska State Bar As- peoples toward ‘‘better standards of life in sociation. That evening, we had a din- larger freedom.’’ The U.N. summit in Sep- campaign. The statement confirms the fact to the American people that we ner for Justice O’Connor, and her hus- tember is the chance for all of us to set out band John asked for the privilege of in- on that path. are paying more for drugs because of troducing her. I want to tell the Senate Mr. VOINOVICH. Mr. President, Kofi those advertising costs. I think it is particularly appropriate that I think that was probably the Annan also stated there is considerable most moving tribute I ever heard a overlap between the Mitchell-Gingrich for us to be raising this issue at this time because this year millions of husband deliver for his wife in my life. task force report and the reforms he Her husband John is a fine lawyer Americans—Medicare-eligible people— himself is proposing, and that he is pre- and a devoted husband. He told us a are going to be signing up to take ad- pared to implement them. story of how he felt when Sandra Day vantage of the prescription drug bene- He stated: got the call asking her if she would be- fits of the Medicare Modernization Act. All of us want to make the U.N.’s manage- come a member of the Supreme Court. It is very important that while they ment more transparent and accountable, and Sandra Day O’Connor, just 2 weeks are signing up and taking advantage of its oversight mechanisms stronger and more ago, at my request, took a group of the independent. this new opportunity—an opportunity Chinese delegates to the Senate-Chi- that I think will make the largest im- He stated: nese parliamentary conference to the provement in public health since the All of us want to make the U.N.’s human Supreme Court of the United States. advent of the Medicare Program—they rights machinery more credible . . . by re- She took the time to take these Chi- don’t just willy-nilly have drugs pre- placing the present Commission on Human nese representatives through the Court Rights with a Human Rights Council. scribed for them that they may or may and explain our judicial process and not need. He also stated: how it is an essential function of our I think one other point needs to be All of us want to impose stricter standards democracy to these delegates who made, and that is, in this era in which of conduct on U.N. peacekeeping missions, came to meet to discuss issues of great we live, we all have to be our own best especially an end to sexual abuse and exploi- importance to the nation of China and tation. friend. At one time, I took Vioxx. I our own Nation. The way she handled called my pharmacist and discussed These statements indicate we are in those people and the gracious way in other drugs I was taking. He told me a unique position with the U.N. and which she described the functions in Vioxx contributed to an increase in there is a sincere interest in reform. the chamber, and took us to the court- blood pressure. I was taking other We have to seize this opportunity now. room and explained how the Court lis- drugs to bring down my blood pressure. When you are dealing with an organi- tens to the attorneys who present cases I decided voluntarily that this doesn’t zation that understands the need for and how the Court reacts individually make sense and I got off Vioxx. I lost reform and is echoing our objectives to statements, and the type of ques- 10 pounds. Now, once in a while when I and is ready to cooperate, we need to tions she puts to the attorneys who have arthritic pain, I take a Motrin. send in not the ‘‘bad cop,’’ or the guy represent various litigants, was a most But the fact is that all of us Members with the ‘‘sharp elbows,’’ or the guy instructive session for our Chinese of Congress and the ordinary public who says, ‘‘I don’t do carrots.’’ We need friends. Again, it demonstrated the have to pay a lot more attention to the to send the ‘‘good cop,’’ the guy who depth of Sandra Day O’Connor. She is drugs we are taking because, as the knows how to reap the benefits of the one great lady. environment for change and make it leader said, the side effects are signifi- She has been an exemplary public happen. cant and we have to be careful about it. servant who has made exceptional con- John Bolton is a bold contradiction Mr. President, I yield the floor. tributions not only to the Supreme to the efforts to improve the image of The ACTING PRESIDENT pro tem- Court but to our Nation. I think she the U.S. at this critical time, as well as pore. The Senator from Alaska is rec- will be remembered in this country as a contradiction to the President’s ef- ognized. a groundbreaker, overcoming adversity forts to ramp up public diplomacy. f and stereotypes. She was the first John Bolton is a bold contradiction woman nominated to be a member of JUSTICE SANDRA DAY O’CONNOR to efforts to reform the U.N. If we do our Supreme Court. not send the right person to the U.N., Mr. STEVENS. Mr. President, I have She is a native of southeastern Ari- there is substantial risk we might lose come to the floor to make comments zona and she grew up on an isolated this unprecedented and ripe oppor- concerning our good friend, Supreme ranch owned by her parents. The ranch tunity to achieve important reforms. Court Justice Sandra Day O’Connor. It itself did not receive electricity or run- The person we send to the U.N. will has been Catherine’s and my honor to ning water until she was seven. My have great influence on the world’s per- have become very close to the O’Con- wife’s family had a similar experience ception of the United States, our val- nors. living in another part of Arizona. I ues, our decency, and will be critical to I want to tell the Senate that I think think that is one of the reasons we the urgent reforms that must be made Justice Sandra Day O’Connor is one of have become so close to the O’Connors. at the U.N. the most extraordinary and gracious She received her bachelor’s degree in Our success on these issues—public women I have ever known. She has economics, magna cum laude, from diplomacy and U.N. reform—will have come to Alaska often. What most peo- Stanford University in 1950. After she an enormous impact on our ability to ple don’t know is she is a very fine fish- received her bachelor’s degree, O’Con- win the war on terrorism, to promote er person. I think one of the most in- nor enrolled at Stanford Law School, peace in the world and, most impor- teresting letters I ever received in my graduating third in her class and serv- tantly, whether we live in an America life was the letter I received from San- ing on the Stanford Law Review. It was that is free from terror. dra Day after she had gone fishing to a during law school that she met her Mr. President, how many minutes do remote fishing lodge in Alaska. She husband, John. I have left? was the only woman there at the time. After graduating from law school, The ACTING PRESIDENT pro tem- She fished through some rainy periods she faced a tough job market as a fe- pore. The Senator has 31⁄2 minutes. and sunny periods and gave a general male attorney. After having difficulty

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7887 finding a position in the private sector, ‘‘[Justice O’Connor] likes to hear After the parades, there will be fam- Sandra Day O’Connor accepted a posi- people’s points of view. I never felt I ily picnics and barbecues that host tion working as Deputy County Attor- had to agree with her to conform to her their own friendly competition as fam- ney for San Mateo County, California. view.’’ Professor Stuart Banner, pro- ily cooks show off their talents at the When her husband John was drafted fessor of law at UCLA who clerked for grill or on tables laden with traditional into the JAG Corps in 1953, she moved O’Connor. favorites such as creamy macaroni and to Frankfurt, Germany with him and I yield the floor. potato salad, slow-cooked baked served as a civilian attorney for the The ACTING PRESIDENT pro tem- beans—oh, how good they taste—dev- Quartermaster Market Center from pore. The Senator from West Virginia iled eggs, and chocolate cake. 1954–1957. is recognized. The menu is not as important, how- After leaving Germany, O’Connor re- f ever, as the feeling of family solidarity turned to Arizona and again faced dif- as everyone settles in after a splendid COMPLIMENTING SENATOR TED ficulty in finding employment with a meal to watch the cascading displays STEVENS private law firm. As a result, she began of fireworks set off in the growing a small practice of her own where she Mr. BYRD. Mr. President, I always dusk. With the exception of some small practiced from 1958–1960. enjoy listening to my friend TED STE- children and family pets, such as my In 1965, after returning to work fol- VENS. Ours is a long friendship, and it little dog, Trouble, that howl at the lowing a brief hiatus to care for her will be as long as the days we both live. thunderous booms and high-pitched children, O’Connor accepted a position He is going to go fishing. He loves to squeals of some fireworks, the general as an Assistant Attorney General for fish. He loves to go back to his State, response to the evening’s finale is usu- the State of Arizona. which he so ably represents, and which ally a unanimous ‘‘oooh’’ after each In 1968, she was appointed to the Ari- has accorded him the great title of bloom of sparks. zona State Senate by the governor to ‘‘Alaska’s Son of the 20th Century.’’ In- Even the earliest Independence Day fill a vacancy. O’Connor successfully deed, he is one who is entitled to that celebrations were marked by similar defended her Senate seat in the next kind of recognition and respect. displays of patriotism, often including election, and was subsequently re- f the discharge of cannons, one for each elected to two more terms. During this State in the Union, and toasts, also one THE FOURTH OF JULY time, O’Connor was elected to be ma- for each State in the Union. jority leader of the Arizona Senate. Mr. BYRD. Mr. President, many On July 3, 1776, John Adams wrote to O’Connor was elected Judge of Mari- Americans will soon enjoy a long 3-day his wife Abigail and said: copa County Superior Court in 1975 and weekend, courtesy of the Fourth of Yesterday the greatest question was de- she served until 1979 when she was ap- July, which this year falls on a Mon- cided which ever was debated in America; and a greater perhaps never was, nor will be, pointed to the Arizona Court of Ap- day. The Fourth of July is a wonderful decided among men. A resolution was passed peals. In 1981, President Reagan ap- without one dissenting colony, that those pointed her as the first woman to sit time. Summer’s heat has not yet worn United Colonies are, and of right ought to be, on the Supreme Court and she was con- us down. School has not been out so free and independent States. firmed unanimously by the Senate. long that the days have begun to drag That resolution was on separation During her time on the Court, Jus- for the younger set—or for their par- from England. It was not until July 4 tice O’Connor has proven herself to be ents. We are not tired of the season or that the Declaration of Independence— a brilliant jurist and a strong defender of each other. The growth of the grass the Declaration of Independence, there of the Constitution. She is known for has slowed, so that weekends are not it is with my wife Erma’s name on the her fairness and her desire to seek spent on mowing and yard work, but front of the leather cover. It contains practical solutions for even the most leaves some time for picnics and pools. the Constitution, the Articles of Con- difficult decisions the Court has ruled Gardens are beginning to pour forth federation, yes, and the Declaration of on. their bounty, but not yet in such abun- Independence, and some other historic Justice O’Connor has proven to be an dance that we have become desperate documents. independent thinker and a vigorous to unload mounds of zucchini and to- The Declaration of Independence was questioner, narrowing in on precise matoes. Wild blackberries. I remember voted upon by the Continental Con- legal issues with laser-like precision when I was a boy, reaching around the gress. Adams felt that the July 2 date from the bench. shed and picking off a few wild black- was the one that would be marked by She has lived up to her promise to re- berries and having the color of the celebration, but the physical presence spect the Constitution and to interpret blackberries stain my lips. Wild black- of the declaration document, along the law judiciously, seeking the nar- berries are ripening along the edges of with its stirring rhetoric, allowed it to rowest reach possible for the Court’s fields and the heavy perfume of honey- easily usurp the separation vote tally rulings. Justice O’Connor is known for suckle vines makes rural walks a as the turning point in history. approaching each case individually, feast—a feast—for the senses. The Eighty copies of the original declara- seeking to arrive at practical conclu- Fourth of July is a perfect time to tion were printed that same night, sions. glory in the gentle bounty of our Na- July 4, for distribution among the re- Justice O’Connor has been a great ad- tion and of our Nation’s families. Inde- belling colonies. vocate for the Court. She has traveled pendence Day, together with Thanks- At the very first Independence Day the globe, speaking to thousands of giving and Christmas, remains a celebrations, those spontaneous ones students, lawyers, foreign dignitaries uniquely family-oriented celebration. that followed in the days and weeks and others on the judiciary, the Con- When Americans reflect on our free- after the Declaration of Independence stitution, and the law. dom, our security, our liberties, our was adopted and distributed, the Dec- Justice O’Connor’s love of this Na- many blessings, we like to do it among laration of Independence was itself a tion, its judicial process, and the law is our closest friends and family. central part of the festivity, read aloud widely known. In her most recent Fourth of July parades—oh man, to the crowds gathered at capitols, book, ‘‘Majesty of the Law: Reflections man, man, they will bring out the courthouses, and public places around of a Supreme Court Justice’’ she crowds along community main streets, the newly declared nation. In New insightfully describes the institution of big towns, little towns, middle-size York, the Declaration of Independence the court, its history, customs and towns. Small hands—I can just see was read at the head of each brigade of some of its notable members. them, can’t you?—small hands, little the Continental Army posted around Justice O’Connor, is ‘‘one of the most hands will clutch miniature flags as the city, to loud hurrahs—loud hur- significant historical figures of the 21st firetrucks roll past in all of their shin- rahs. century’’ and ‘‘an inspiration to all fu- ing glory. Floats made by church Today, as proud inhabitants of a pow- ture generations.’’ Chief Judge Stephen groups, scout troops, and 4–H clubs will erful and wealthy nation, it can be dif- McNamee, U.S. District Court, District compete, each hoping to demonstrate ficult to recall that in 1776, the celebra- of Arizona. the greatest patriotism. tions of independence must be seen as

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Some 70,000 British loyalists The colonists rebelled against a gov- But now I think I’ve had enough of anti- had fled the new United States after ernment that was arbitrary, unjust, quated things. high handed, and unwilling to even independence was declared. The re- So it’s home again, and home again, America maining tiny population was taking on hear the concerns of those it governed. for me! the British empire at the height of her They rebelled against a tyrant who My heart is turning home again, and there I power—a colossus five times larger in made the military independent of and long to be, terms of population that was the great- superior to civil authority, who im- In the land of youth and freedom beyond the est and richest in history since the fall posed taxes without their consent, de- ocean bars, of Rome and the recent victor of wars prived them of the benefits of trial by Where the air is full of sunlight and the flag against France and Spain that left her jury, cut off their trade, abolished is full of stars. in sole possession of much of the North their laws, and fundamentally altered Oh, London is a man’s town, there’s power in American Continent. To wave flags and the form of government, suspended the air; their legislatures, captured their peo- And Paris is a woman’s town, with flowers in shoot off fireworks in celebration of her hair; the Declaration of Independence from ple at sea, and forced them to bear arms against the colonists, and ignored And it’s sweet to dream in Venice, and it’s such a behemoth was tantamount to a great to study in Rome junior varsity football team taking on their pleas for justice, these things But when it comes to living there is just no the entire National Football League among many other grievances. place like home. for the Super Bowl and thumbing their On the Fourth of July, Americans celebrate and honor the tremendous vi- I like the German firwoods, in green battal- noses to boot. In point of fact, it took ions drilled; sion of our Founding Fathers, their in- everything the new Nation had to eke I like the gardens of Versailles with flashing credible courage, and their willingness out a victory. There were many points fountains filled; to take on a fight that must have during the Revolution at which the But, oh, to take your hand, my dear, and seemed a desperate gamble. We cele- ramble for a day in the friendly [West outcome was far from certain. brate a document that laid out for all Virginia hills] where nature has her Even in the aftermath of victory, the the world to see just what kind of a na- way! future of the new Nation was fragile. tion we aim to be and just what kind of I know that Europe’s wonderful, yet some- Burdened by war debt, exhausted, a government we would never stand thing seems to lack: struggling to form a workable govern- for—we should never stand for. The past is too much with her, and the peo- ment out of 13 highly independent new The Declaration of Independence is ple looking back. States, the new Nation limped along more than a piece of paper. The Dec- But the glory of the present is to make the without even an established capital. It laration of Independence is more than future free; was not until the Constitution was a piece of history. It is a vow for the We love our land for what she is and what she is to be. drafted in 1787 and the new Capital es- future, a call to battle, and the corner- tablished in Washington, DC, that the stone of a new nation. As we watch the Oh, it’s home again, and home again, Amer- ica for me! new Nation took on a sense of stability flags snap and pop in the breeze as the and permanence. On July 4, 1801, Presi- I want a ship that’s westward bound to parade swings past, recall the words of plough the rolling sea, dent Thomas Jefferson, the principal the Declaration that put troops on the To the blessed land of room enough beyond drafter of the Declaration of Independ- march to take on the King’s armies. the ocean bars, ence, opened the White House to guests Each citizen, each family, has much to Where the air is full of sunlight and the flag while the Marine Band played patriotic be grateful for as a result of that docu- is full of stars. music on the lawn and militia units ment. —Henry Van Dyke. conducted military drills with fixed And so, Mr. President, let me read Mr. President, I yield the floor. bayonets. briefly from that beautiful Declara- Mr. BENNETT. Mr. President, I will Independence Day celebrations were tion: say to my friend from West Virginia, I conducted far from Washington as well. When in the Course of human events, it be- had occasion to live abroad for 2 years, Two hundred years ago, July 4, 1805, comes necessary for one people to dissolve and as I caught the ship to come home found the Lewis and Clark expedition the political bands which have connected again, westward bound—I suppose that traveling along the upper Missouri them with another, and to assume among dates me because now you go by River in Montana. LT William Clark the powers of the earth, the separate and plane—I recited that poem. It is good noted in his journal that the group equal station to which the Laws of Nature and of Nature’s God entitle them, a decent to hear it recited on the floor of the honored the day with as much of a respect to the opinions of mankind requires Senate in the shadows of the Fourth of feast as they could muster, drank the that they should declare the causes which July. last of their brandy, and pulled out the impel them to the separation. While I was waiting and heard the fiddle for dancing and merriment until We hold these truths to be self-evident, Senator from West Virginia urge us all ‘‘a late hour.’’ I am especially pleased that all men are created equal, that they are to read the Declaration of Independ- endowed by their Creator with certain to note that fiddle playing was part of ence, I took the copy that is in my the day’s celebration. In my younger unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. desk and I read it through so I can re- days, family gatherings always in- That to secure these rights, Governments port to him that I have done my home- cluded some fiddle playing, a little are instituted among Men, deriving their work. singing, and maybe a little dancing. It just powers from the consent of the gov- Mr. BYRD. I thank the Senator. is a tradition as old as the Fourth of erned. That whenever any Form of Govern- (The remarks of Mr. BENNETT per- July. ment becomes destructive of these ends, it is taining to the introduction of S. 1379 the Right of the People to alter or to abolish I hope, Mr. President, that on this are printed in today’s RECORD under Independence Day, many Americans it, and to institute new Government, laying its foundation on such principles and orga- ‘‘Statements on Introduced Bills and may enjoy a little fiddle music—it nizing its powers in such form, as to them Joint Resolutions.’’) keeps you down to Earth—a healthy shall seem most likely to effect their Safety f dollop of patriotism, and the pleasure and Happiness. of family. As we celebrate the day with On this Fourth of July, let us honor JUSTICE SANDRA DAY O’CONNOR friends and families at home or out and let us recall the generations of Mr. CORNYN. Mr. President, I rise to amid our Nation’s beautiful wild brave Americans who have fought on mark a historic occasion, and that is spaces, I hope all of our citizens will and off the battlefield to preserve our the retirement of our Nation’s first fe- spare a moment or two to read the Dec- freedom, and then let us remember the male Supreme Court Justice, Justice laration of Independence. Let us re- words of Henry Van Dyke’s poem Sandra Day O’Connor. As the father of member that each person who signed ‘‘America For Me.’’ two daughters who are now 22 and 23, I

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We de- grateful always. week, she penned an important dissent serve a Supreme Court nominee who She was Justice O’Connor, after all, on behalf of private property rights reveres the law—and a confirmation born in El Paso, TX—I have to remind against overreaching and ever-growing process that is civil, respectful, and my colleagues of that—on March 26, government—and against the 5–4 ma- keeps politics out of the judiciary. 1930. She married law school classmate jority ruling in Kelo which has at- As I wrote in an op-ed piece this past John Jay 0’Connor III in 1952 and raised tracted so much national attention and Monday in National Review Online, three sons: Scott, Brian, and Jay—all outrage this past week. Last year, she which I had printed in the RECORD yes- while managing, as many women do in provided a critical voice in defense of terday, history affords us some impor- our society today, a career and family the voluntary recitation of the Pledge tant benchmarks for determining at the same time, but in this instance of Allegiance in public schools, even whether the Senate has undertaken a demonstrating and living out one of though a majority of her colleagues re- confirmation process worthy of the the most remarkable legal and polit- fused to do so. And 2 years ago, she Court and of the American people. ical careers in our history. demonstrated respect for precedent There is a right way and a wrong way She received her undergraduate and when she refused to join the Court’s to debate the merits of a Supreme law degrees at Stanford University and controversial majority opinion in Law- Court nominee. The Senate’s past graduated third in her class. She then rence v. Texas, the 2003 decision that record, unfortunately, has been mixed. served as deputy county attorney in inspired State and Federal court rul- Whoever the nominee is, the Senate San Mateo County, CA, and then as a ings and local government actions should focus its attention on judicial civilian attorney for Quartermaster against traditional marriage laws na- qualifications—not personal political Market Center in Frankfurt, Germany. tionwide. beliefs. Whoever the nominee is, the She later served as assistant attorney Throughout her 24 years of service on Senate should engage in respectful and general of Arizona and then as a mem- the Nation’s highest court, Justice honest inquiry, not partisan personal ber of the Arizona State Senate. As one O’Connor worked to restore common attacks. who has now served in the executive sense to our criminal justice system I wish to congratulate Sandra Day branch and the judicial branch of State and due regard for the power reserved O’Connor on her extraordinary life and government in Texas and now serves in to the States under the Constitution, commitment to public service. I wish the legislative branch in Washington, and to limit restrictions on faith in the her and her family well. I yield the the kind of service Justice O’Connor public square. Thanks to Sandra Day floor. has had in all of her varied and impor- O’Connor, victims of crime are more The ACTING PRESIDENT pro tem- tant positions during her career has likely to receive justice, and inner city pore. The Senator from Ohio. well prepared her as a Justice on the children are no longer constitutionally f Court and understanding both the op- barred from access to school choice ARMY SPECIALIST JULIE HICKEY portunities and potential and the limi- programs. Although I have not always tation of government to do good in our agreed with her rulings, I have always Mr. DEWINE. Mr. President, as we country and in our society and what felt a deep and abiding respect for her approach the celebration of America’s questions can be resolved by govern- commitment to public service, her rev- Independence Day, I am reminded of ment and which questions are best re- erence for the law, and her regard for something that President Franklin D. served to the people. her fellow man and woman. Roosevelt once said about the ideals we In 1975, she was elected judge of the In a time when so many controver- hold dear. He said this: ‘‘In the truest Maricopa County Superior Court and sial issues divide Americans of good sense, freedom cannot be bestowed; it served there until 1979, when she was will, it is especially critical that our must be achieved.’’ appointed to the Arizona Court of Ap- Federal courts, led by our Supreme That was certainly true of our peals. In 1981, it was President Ronald Court, be steadfast in its interpreta- Founding Fathers when they estab- Reagan who nominated her as Asso- tion and application of the law as it is lished America’s freedoms and inde- ciate Justice to the U.S. Supreme written, and for our courts to avoid pendence over 225 years ago. And, it is Court. She has written two books, picking winner and losers in the great still true today of the men and women ‘‘Lazy B’’ and her most recent, ‘‘Maj- political debates of our day. Under the in our military who are serving around esty of the Law.’’ steady hand of Sandra Day O’Connor, the globe to achieve freedom in nations Justice O’Connor has played a lead- America has weathered some of the that have never, ever known it before. ing role in some of the Nation’s most most heated legal controversies our Today, I rise to recognize the con- contentious legal disputes in recent Nation has ever endured—and for that, tributions of an exceptional young years. And she has provided a critical the American people will forever be woman whose mission it was to protect voice of judicial restraint on a number grateful. our freedom here at home and to pro- of important issues on which the Court Today’s historic announcement also mote its achievement abroad. I pay is closely divided 5 to 4. raises an important question about the tribute to her now as we approach the She authored the Court’s 5–4 major- Senate and the role we will play in the Fourth of July—a date that is signifi- ity opinion upholding the three- confirmation process of the President’s cant not just because she embodied the strikes-and-you’re-out law for repeat selection to succeed Sandra Day O’Con- ideals it represents, but because it convicted criminals. She wrote the nor on the Supreme Court. Moments marks the anniversary of this brave Court’s plurality opinion in Hamdi, af- ago the President called upon the Sen- young woman’s death. firming the President’s legal authority ate for a dignified process, and I think Army SPC Julie R. Hickey, of Gallo- to detain enemy combatants in war- we should heed that call. We should way, OH, died at Landstuhl Regional time and thus preserving a key tool in conduct ourselves in a way worthy of Medical Center in Landstuhl, Germany, the ongoing global war on terrorism. this great body, which has served the on July 4, 2004, from diabetic complica- She provided the critical fifth vote pro- Nation for more than 200 years, and tions. She was 20 years old. tecting the First Amendment freedom which time after time after time, when Julie Hickey was born on January 17, of association of the Boy Scouts. She there has been a vacancy on the Court, 1984. Growing up, she was a fun-loving has provided the critical fifth vote in has done its job, providing advice and child with a gift for making friends. case after case after case, involving the consent, asking hard questions, inves- Her younger sister Rachel says that important role that States play in our tigating the background of the Presi- Julie was always the shoulder to cry on federalist system of Government, and dent’s nominees—but ultimately pro- and also the person who wanted to in the protection of religious liberties viding an up-or-down vote to each and make sure you had fun.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7890 CONGRESSIONAL RECORD — SENATE July 1, 2005 Julie was very loyal and very protec- that we need to ‘‘appreciate everything That date—January 30, 2005—should tive of her friends. She was 5 feet and [we] have. We have so much here just sound familiar. It was an historic day 11 inches tall and built to shelter and because we were born [in the United on which Iraqi citizens participated in stand up for them. Julie’s friend, States].’’ Julie never took this wonder- their first, truly democratic election. Audria Daniels, remembered a time ful gift for granted. In fact, she spent And Jim Miller, an Army medic, was when she was having a fight with an her life paying it back through her an integral part of that remarkable old boyfriend. Displaying the personal service to others. day. courage that would serve her so well in Tragically, Julie’s life of service was Having already treated three of his the Army, Julie stepped right into the cut short by diabetes. Julie’s mother wounded comrades, Jim could have middle of this particularly heated ex- said that their family has a history of stayed at an aid station to wait out the change and said, ‘‘You can’t talk to her diabetes, but that Julie hadn’t been di- dangerous Election Day. Instead, he like that.’’ Even though the young man agnosed with the illness before she left volunteered to go back out to the stood 6 foot 8, he quickly backed down. for Afghanistan. Even a preliminary streets and help safeguard Iraqis wait- Looking back, it makes perfect sense medical exam didn’t reveal anything ing at polling places. To some, Jim’s that Julie would dedicate her life to abnormal. However, when Julie fainted choice to do that might have seemed standing up for others in need. She’d at work one day, she was stabilized and like an extraordinary act. But, with been doing it all her life. moved to a hospital in Bagram. Only Jim, such actions were typical. That’s Julie attended Westland High School then and there was she diagnosed with just the way he was—always choosing in Galloway, OH. During high school, diabetes. to be brave, always choosing to be self- she enlisted in the Army Reserves and Julie Hickey was transferred to less. He was, indeed, a hero. completed the Civil Affairs Specialist Landstuhl on June 30, 2004. She went Jim Miller was one of those people Course at Fort Bragg, NC. She grad- into insulin shock and died on the who left an impression on everyone he uated from Westland High in 2002, and, Fourth of July—the day before she was met. He was always courteous, polite, wanting to earn money for college, she to be sent to Walter Reed Army Med- and quick to laugh—a laugh that those joined the Army Reserves. Julie had ical Center. who knew him describe as soft, gentle, been planning to start school at The The sudden nature of this tragedy and distinct. Jim was a very intelligent Ohio State University in the fall of struck all of Julie’s friends and family. young man—wise beyond his years. His 2003, but before she could realize that Her mother said that Julie was plan- pee-wee football coach and mentor, dream, Julie was called to serve in Op- ning her wedding to another soldier John Hayden, said of Jim’s intel- eration Enduring Freedom. and that she was going to be honorably ligence: Julie was deployed to Afghanistan as discharged. According to Julie’s fam- He had the most sophisticated, elaborate a member of the 412th Civil Affairs ily, one of the deepest disappointments vocabulary of any young boy I’d ever seen. Battalion, where she was assigned to is that Julie would never get to become [After every football practice], he would send the Provincial Reconstruction Team in a mother and have ‘‘the children she me home looking to the dictionary for what Asadabad. As part of this team, she longed for.’’ Given the love and com- he had called me that day! provided humanitarian assistance to passion she demonstrated all through- The oldest—and biggest—of three the Afghan people, particularly women out her life, Julie clearly would have brothers, Jim had many passions, one and children in need. Seeing the unfair made a wonderful mother. of which was football. In pee-wee foot- way that women were treated in Af- Julie’s awards hardly do justice to ball, he was an offensive lineman who ghanistan, Julie again decided to stand the full breadth and depth of her serv- proudly called himself a ‘‘B-U-B,’’ or up. During her time there, Julie gave ice. But, they do illustrate how special ‘‘Big Ugly Body.’’ Jim excelled at foot- impassioned speeches to women’s orga- this young lady was. Her awards in- ball and played until his sophomore nizations about how they needed to clude the Global War on Terrorism Ex- year at Anderson High School. But, ac- fight for their rights. peditionary Medal, the Global War on cording to John Hayden, under the Following one particular speech, Terrorism Service Medal, the National large, intimidating physique, Jim was Julie’s mother, Melody, recalled this: Defense Service Medal, and the Army still just ‘‘a big teddy bear. . . . He was One of the women came to see her after- Service Ribbon. . . . a sensitive kid with a lot of depth.’’ ward and told her through an interpreter While these awards are, indeed, im- Tragically, during his sophomore that it made them happy to see Julie wear- pressive, there is, perhaps, a better year of high school Jim’s mother, ing pants and working beside men. She said symbol of Julie’s service. On a 2-week Alice, died of breast cancer. He turned it gave them hope for the future. leave in late May of 2004, Julie brought inward to find purpose and solace. At For women who had grown up in op- home with her a burqa—the head-to- that time, Jim discovered another pas- pression, Julie Hickey was an inspira- toe covering that many Afghani women sion—and that was music. He started a tion—a hopeful example of what they, wear. One of the women she had been band, in which he played the guitar, too, could be. working with gave this to her. Julie and during his senior year, he signed Ask anyone who knew Julie Hickey, was buried with that burqa in her cas- up for music theory and music history and they would tell you about her pas- ket. It was a fitting reminder of the classes. sion for her work. As her mother said: profound impact she had on the life of His principal, Diana Carter, remem- [Julie] loved her job. She spent some of her so many Afghan women. bers him as a ‘‘very bright, insightful, time working at a medical clinic, where she As Julie’s mother Melody has said, it and mature young man—an inde- assisted children. She would teach them per- is, in some respects, fitting that Julie pendent spirit.’’ She was also im- sonal hygiene. She taught them a little passed away on the day of our Nation’s pressed with his decision to take music English—how to count from one to 10 and birth. On this July Fourth, let us re- theory and music history because it say ‘‘Groovy, man!’’ member Army SPC Julie Hickey’s was an extra bit of dedication to music Julie’s work was direct—one-on-one dedication to freedom and learn from that many musicians don’t exhibit. It with people—and she could see, first- this splendid 20 year old about what it seems Jim was always a bit more dedi- hand, the good she was doing on the truly means to be an American. cated to the things he was passionate faces of the women and children with f about. whom she worked. Julie was the type Jim graduated from Anderson in 2001 of ambassador that the United States HONORING OUR ARMED FORCES and decided to attend Xavier Univer- depends on in our efforts to spread the SPECIALIST JAMES ‘‘JIM’’ MILLER sity and study English. After 18 great blessings of freedom and democ- Mr. DEWINE. Mr. President, I today months, though, Jim realized that col- racy in a part of the world still trou- honor the memory of Army SPC James lege was not providing him with the bled by violence and fear. ‘‘Jim’’ Miller, IV. The West Chester, fulfillment he desired. As his father, More than anyone, Julie’s mother OH, native died on January 30, 2005, James Miller, III knew, ‘‘[Jim] was the understood her commitment to serving when an improvised explosive device type of kid who was always looking in- others in the fight for freedom. She hit his convoy near Ramadi, Iraq. He side himself.’’ When he looked inside once said that Julie strongly believed was 22 years old. himself, Jim found that what he really

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7891 wanted was to join the Army. He en- for the night. The history of ‘‘Taps’’ is that ‘‘he was looking forward to com- listed in April, 2003. He completed basic significant because it reminds us not ing home, but when it came time to training at Fort Sill, Oklahoma, and only of the sacrifices of the men and pack up, he didn’t want to leave his then decided to train as a medic at women it is played for, but also of the buddies. He really made some good Fort Sam Houston in Texas. men and women, themselves. friendships and bonded with others Becoming an Army medic was the That call for ‘‘Lights Out’’ has been while he was there.’’ fulfillment for which Jim searched. He played for countless service men and Ryan is remembered fondly by his felt a sense of purpose and pride in sav- women as they were undoubtedly talk- friends and comrades, who called him ing the lives of his fellow servicemem- ing with each other about their homes, ‘‘Little Bear’’—referencing his 6′ 2″, 240 bers. Father Harry Meyer, who pre- or about their spouses and children, or pound body. One of his buddies, Ser- sided at the funeral liturgy, said this about just a hot shower or a good meal. geant Ron Eaton, recalls Ryan’s sense about Jim: These men and women were and are he- of humor: [He was a] sensitive young man who was roes who put their lives on hold to safe- [Ryan would] get us to laugh in extremely struggling to find his place in this world. He guard the lives of others. Taps plays as harsh situations. I remember talking in our found himself as a medic and had decided to bunks one night, and hearing him tell of how much for the lives they gave up as for he purchased a semi truck just after this pursue a career in the medical field. He was the lives they gave. happiest when he was able to serve others 16th birthday, without his parent’s knowl- I today honor one of these heroes— edge. They made him sell it back, but know- and felt helpless when he could not. Army SPC Ryan Martin, from Mt. ing Ryan, that’s just the kind of thing he In planning for the future, Jim hoped Vernon, OH, who gave his life on Au- would do. to work in a trauma unit someday, so gust 20, 2004, near Samarra, Iraq, when Risking his life to protect his friends he could continue to provide life saving a roadside explosive detonated near his was also the kind of thing Ryan would assistance to those in dire need. vehicle. He was 22 years old. do—and did do. Ryan’s father, Tom After a year as a medic in Korea, Jim Ryan Martin, the youngest of three Martin, said that at a military ball he was deployed to Iraq in August of 2004 boys, grew up enjoying hunting, sports, attended after Ryan’s death, a general with the Army’s 1st Battalion, 503rd In- and fixing cars. He was always willing came up to him and told him that fantry Regiment, 2nd Infantry Divi- to help his father, Tom, work on his ‘‘when there was trouble, [Ryan] didn’t sion. Jim believed in his mission in cattle farm. With his keen mechanical stand behind people and he didn’t stand Iraq and, according to his father, Jim skills and interest in fixing cars com- beside them—he stood in front of found that most Iraqis he talked with bined with his love for the outdoors, them.’’ believed in it too: ‘‘He was surprised to Ryan was a big fan of ‘‘mud running.’’ Ryan was always willing and eager to find out that the Iraqi people were fed This is a recreational or competitive volunteer for dangerous missions, mis- up with the insurgents and wanted to activity in which 4 x 4 vehicles navi- sions that had the protection of others take back their country.’’ True to his gate a course of thick, muddy terrain. as their goal. In the words of one of his nature, Jim became determined to help According to Matt Hull, one of Ryan’s commanding officers: the Iraqi people realize their dreams of friends, Ryan planned to buy some land Ryan [made] work much safer for other freedom. when he returned from Iraq and create soldiers. It was Jim’s usual ‘‘extra bit’’ of de- his own place for mud running—a place When he was killed, Ryan was doing termination that led him back out to where he could enjoy being outside and just that: making the area more secure the streets of Iraq on Election Day. He spending time having fun with his for his comrades, as he helped clear was determined that the Iraqi people friends and family. deadly mines and other detonation de- would be free to vote safely. Ryan had a knack for ‘‘hands-on’’ vices from the vital highway so his fel- In the beginning of my remarks I work and mechanics. These skills led low soldiers—his friends—could do called SPC James Miller a ‘‘hero.’’ But, him to study at Knox County Career their jobs more safely. in today’s world, what does that term Center. Ryan graduated from Mt. Mr. President, as we all know, our truly mean? To define Jim Miller’s her- Vernon High School and the Career Armed Forces are made up of men and oism I turn to Ralph Waldo Emerson, Center in 2000, with training as a car- women from all of our communities, who wrote: penter. He then spent a few years people who are volunteering their time, sacrificing their safety and their lives A hero is no braver than an ordinary man, working with heavy machinery at con- to serve on our behalf. It is through but he is brave 5 minutes longer. struction sites. Jim decided to leave the safety of The September 11th terrorist attacks their service that they spread democ- college and enlist in the Army. In changed everything for Ryan. Accord- racy and help make our world safer. That is what Ryan Martin did. He doing so, he was brave 5 minutes ing to his father, the attacks had a pro- built roads and houses, cleared mines, longer. found effect on Ryan. He felt a sense of and made friends. In doing all of it, he Jim dutifully answered the call of his duty to protect his country and to seek was making the world a better place. country when he was deployed to Iraq. out those who had harmed so many. In doing so, he was brave 5 minutes He ultimately gave his life, a life that And so, after much contemplation, in was just beginning, and he did so so longer. April 2003, Ryan enlisted in the Ohio that others could have a fresh start and On January 30, 2005 Jim—Doc Mil- Army National Guard. He then volun- ler—volunteered to protect the lives of a better tomorrow. teered for active duty in February 2004. Mr. President, when I mentioned ear- Iraqis waiting to vote. In doing so, he Ryan wanted to be part of the effort lier the calling of ‘‘Taps,’’ I did not was brave five minutes longer. to rebuild Iraq, hastening the develop- mention the words that go along with That is why I choose to call him Jim ment of democracy and making the the bugle call. Let me now read those Miller a hero. world a more stable and safe place for words: My wife Fran and I continue to keep all of us. He operated bulldozers, exca- Day is done, Jim’s father and stepmother, James vators, and mine clearing machinery and Jodi, and his brothers, Dan and Gone the sun, with the 216th Engineering Battalion, From the Earth, from the hill, from the sky. Jeff, in our thoughts and prayers. based out of Chillicothe, OH. At its All is well, SPECIALIST RYAN MARTIN core, Ryan’s service to our country was Safely rest, Mr. President, at all military funeral a humanitarian service to the Iraqi God is nigh. services it is traditional for a lone people. He used his mechanical exper- While the men and women for whom bugle to sound ‘‘Taps.’’ It is a powerful tise to build roads, dig foundations for ‘‘Taps’’ is played are gone from this piece of music that calls us to remem- new buildings, and clear deadly mines Earth, we can take solace in knowing ber the fallen and honor their sacrifice. from roads and fields. that they may now ‘‘safely rest.’’ The Upon its origin, however, ‘‘Taps’’ was Ryan built not only infrastructure in Sun may have set, but it will rise again actually a common bugle call that sig- Iraq, but also lasting friendships with and a new day will dawn. And with nified ‘‘Lights Out.’’ The call told sol- his fellow soldiers. According to his every new day, we will always remem- diers that it was time to end their ac- stepmother, Jackie Martin, on the eve ber the sacrifice and service of those tivities and conversations and turn in of a 2-week leave from Iraq, Ryan said who have fallen.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7892 CONGRESSIONAL RECORD — SENATE July 1, 2005 My wife Fran and I continue to keep you can’t forget—always working hard, tional performance and was one of my best Ryan’s family in our thoughts and in always smiling. He didn’t have a bad leaders. our prayers. day. He was always in a positive First Lieutenant Lee’s comments are ARMY STAFF SERGEANT AARON REESE AND mood.’’ a ringing endorsement of Aaron’s con- ARMY SERGEANT TODD BATES Aaron was a hurdler on the Elida summate professionalism and dedica- Mr. President, I, today, honor two Bulldogs track and field team and a de- tion. He was a model soldier, someone men from Ohio who gave their lives in fensive back on the football team. whom others not only looked up to but the defense of freedom. Army SSG Aaron participated in sports with a also tried to emulate. Aaron Reese and Army SGT Todd quiet confidence. His principal, Don SGT Timothy Haskamp had this to Bates were from two different parts of Diglia, cites Aaron’s team-oriented say: Ohio. They grew up with different life personality as his biggest leadership I had the great opportunity to serve with experiences and different kinds of op- quality: Aaron. Over the months in Iraq, he taught portunities. However, when both be- me how to be a good NCO. He wasn’t just a He was the kind of guy who was content on fellow soldier and my squad leader, he was a came members of the 135th Military being on the team instead of being the star friend and someone who would do anything Police Company of the Ohio Army Na- of the team. He was a team player all he could for you. I can only imagine what a tional Guard, their lives became irrev- around. . . . good father and husband he must have been. ocably linked. After graduating from Elida in the As I continue my service, I will remember All of our armed services, all of our year 1990, Aaron decided to put his everything he taught me and teach those Armed Forces’ members, serve this leadership qualities and physical prow- things to all who serve under me in the fu- country with pride and with a sense of ess to the test. So he enlisted in the ture. duty. Whether it is a mission deep in U.S. Army. He served 7 years. While on For those who served with Aaron, he the mountains of Afghanistan or a active duty in Central America, he met was an anchor of strength, an experi- night patrol on the Tigris River or in the love of his life. He married the love enced leader, who made it his personal the back alleys of Fallujah, the men of his life, Emilia, and then they be- mission to keep his men and women and women in our military serve with came the proud parents of a son, An- safe. April Engstrom, Aaron’s sister, a great sense of responsibility for the thony, and a daughter, Nicole. said that her brother loved the soldiers safety and security of those in their Wanting to spend more time with his in his squad and wanted to protect own units. They care about each other. new family, Aaron joined the Ohio them. Todd Bates’ actions on that Our men and women in uniform feel a Army National Guard. While serving in night in December, however, really unique connection to each other. They the Guard, Aaron also attended the speak to the love Aaron’s squad also see each other as brothers. They see Ohio State University and Columbus had for him. each other as sisters. And they are State. He planned to join the Cin- Aaron Reese leaves behind a wife, willing to put their own lives on the cinnati Police Department when he re- two small children, and a loving fam- line so their comrades will be safe. turned from Iraq. ily. But he also leaves a legacy of lead- They do it every single day. Aaron had been serving in the Guard ership. He made a sacrifice so that his It was this dual sense of duty—to for nearly 6 years when his unit was children and our children can live in a their country and to their fellow serv- called up for Operation Iraqi Freedom. safer world. And for that a grateful Na- ice members—that put Staff Sergeant It was hard for Aaron to leave his wife tion honors and remembers him. Reese and Sergeant Bates in harm’s and his son and his new baby, Nicole, Army SGT Todd Bates was 20 years way on December 10, 2003. You see, who had been born only a few months old when he dove into that dangerous their squad was on a night patrol boat before he was deployed. Tigris River to try to save his squad mission on the Tigris River. At some SGT Sheri Brown remembers seeing leader, Aaron Reese. Todd Bates spent point during the mission, Staff Ser- Aaron saying goodbye to his family in his all-too-short life growing up in Bel- geant Reese, who was the squad leader, February of 2003 and describes it this laire, OH, where he was raised by his lost his balance, and he fell from the way: grandmother, Shirley Bates. Todd was boat, plunging into the swift, murky His toddler son was playing in the snow. a fun-loving kid, who was loved dearly waters of the Tigris. Aaron wept as he cradled his baby and tried by his friends and family. One of his Seeing his leader fall into the river, to say a few last words to his wife. lifelong friends, Richard Kendle, re- Sergeant Bates acted immediately. He Aaron Reese cared for his family, but members growing up in Bellaire with quickly discarded his heavy body he also felt a strong obligation to his Todd. This is what he had to say: armor and weapon, and, without a life country and to his unit. It was an obli- I knew Todd all my life. We went to school jacket, he dove into the river in an at- gation that was not foreign to the together from kindergarten on up through tempt to save Staff Sergeant Reese. Reese family. Aaron’s grandfather, graduation. I remember the many days that Mr. President, Members of the Sen- I used to go over to his house and play video Paul Shafer, served in World War II. games. Or, we’d go out in his backyard and ate, tragically—tragically—the river His uncle, James Shafer, was killed in shoot his BB gun. I remember the meals that was too strong for them both. Vietnam in 1967. Aaron also had two his grandmother prepared for us after a day In William Shakespeare’s play other uncles who served in the Armed of play. Todd and I never had much growing ‘‘Henry V,’’ the title character delivers Forces. As Aaron’s father, Ed Reese, up . . . but we never knew it. We had fami- a stirring call to arms to rally his said: lies that loved us and a friendship that would never die. troops. Within this St. Crispin’s Day What you will see in our family is the red, speech, Henry tells his men that one white, and blue. Family and friends are important in day each one of them would ‘‘strip Indeed, Aaron’s military heritage, ex- Bellaire, OH. For many young men and [their] sleeves and show their scars,’’ perience, and leadership ability gave women who grow up there, the two proud that they had fought and proud him confidence in his mission. The most promising paths to success are in knowing that they were a ‘‘band of 135th Military Police Company was re- sports and the military. Todd Bates re- brothers’’—a ‘‘band of brothers.’’ sponsible for the safety of their fellow alized this and applied his tireless work Aaron and Todd can no longer strip soldiers, for the training of Iraqi po- ethic to both endeavors. At Bellaire their sleeves and show us their scars, lice, and for various support missions. High School, Todd excelled on the ‘‘Big and so it is up to us to do that in their Aaron Reese proudly led his unit in Reds’’ football team. But he did not do honor. It is up to us to remember their their tasks. Mr. President, 1LT William so through just raw talent. Rather, lives—lives that they each gave for our F. Lee had this to say of Aaron’s serv- Todd worked his way into the starting country and for their brothers. ice in Iraq: lineup. He worked his way there. Aaron Reese was from Reynoldsburg, More often than not, if you wanted to OH. He grew up, however, in Elida, OH, I had the privilege of leading this out- find Todd, all you had to do was look in standing noncommissioned officer in Oper- where he attended Elida High School. ation Iraqi Freedom. I have known Aaron for the football weight room. His coach, Aaron worked hard at both academics many years. We have served many deploy- John Magistro, thought Todd was hum- and athletics. His Latin teacher, Mike ments together—some good and some not so ble, genuine, caring, and unselfish. And Herzog, said Aaron was ‘‘one of those good. Aaron executed his duties with excep- I quote him:

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7893 He was a good player and he worked really other passions in life, he was the stand- million deaths worldwide, 3.9 million hard. ard for hard work and excellence. While occur in the first 28 days of life. These Todd’s work ethic and attitude were he was certainly a very focused young babies don’t even have a shot at get- recognized by his teammates on the man, Todd also had a terrific sense of ting as old as 2 or 3 or 4 or 5. Yet two- 2000 ‘‘Big Reds’’ team. They voted him humor and never took anything too se- thirds of these deaths could be pre- one of their cocaptains. And under riously. vented if available and affordable Todd’s leadership, Bellaire reached the The other members of his unit re- intervention had reached the children State playoffs that year. member Todd as a funny guy who was and their mothers who need them. Mal- Todd was recognized in Bellaire for always trying to make tough, stressful nutrition contributes to 54 percent of being a leader of the football team, for situations a little easier with a joke. all childhood deaths. As many as 3 mil- being a quiet and respectful young At the same time, Todd was always lion children die annually as a result of man, and for his beloved car—called looking out for the other members of vitamin A deficiency. An estimated the ‘‘Bates-mobile,’’ by most people. his unit. He felt connected to them— 400,000 cases of childhood blindness are His football coach remembers Todd, like they were all a big, extended fam- reported each year, children who are often in the school parking lot long ily, who believed in the National Guard condemned to going about their lives after practice had ended, under his motto: ‘‘Of the troops, for the troops.’’ blind. These are preventable. Of the 130 car’s hood, trying to get it started. When Todd Bates jumped into the Ti- million babies born each year, about 4 Reverend Donald Cordery also remem- gris River on that cold, December million die in the first 4 weeks of life. bered the ‘‘Bates-mobile.’’ Reverend night, he was not thinking of himself. In poor communities many babies who Cordery was an assistant football He was only thinking of his squad lead- die are unnamed, unrecorded, indi- coach and a mentor to Todd. One day er—his friend, his ‘‘brother,’’ Aaron cating the perceived inevitability of after practice, he asked Todd for a ride Reese. their deaths. Four hundred fifty new- home: Both Aaron Reese and Todd Bates born children die every hour, mainly I said, ‘‘Bates, what’s the chance I gave their lives not thinking of them- from preventable causes. could get a ride in your car?’’ He said, selves, but only thinking of us. They According to World Health Organiza- ‘‘Pastor Don, do you really want to put our lives, Iraqi lives, and the lives tion estimates, over 4.4 million chil- take a ride in my car?’’ I said, ‘‘Bates, of their fellow service men and women dren died from vaccine-preventable dis- with my looks and your car, the ladies before their own. We will never forget eases in 2001, diseases such as hepatitis, will be out!’’ their sacrifices. Todd was respected by his peers, his polio, and tetanus. Of all the vaccine- My wife, Fran, and I continue to keep preventable diseases, measles remain teachers, and his community, but he the families of Aaron Reese and Todd wanted more. He wanted to go to col- the leading childhood killer, claiming Bates in our thoughts and in our pray- the lives of 745,000 children, more than lege. He knew, though, that he wasn’t ers. going to be able to secure a football half of them in Africa. scholarship. Financially, that left Todd f Such staggering numbers of children with very few options. So, after grad- CHILD SURVIVAL AND MATERNAL dying from preventable diseases is un- uating from Bellaire High School in HEALTH acceptable. It is up to us—the Con- gress, the Senate, people in the devel- 2001, Todd decided to join the Ohio Mr. DEWINE. Mr. President, the Sen- oped world, the United States, around Army National Guard to make money ate Appropriations Committee this the world—to change this tragic for college. week took an important step. That human reality. We have an obligation But, like many things in Todd’s life, step was in providing $275 million to to make this change because we have it wasn’t easy. He had played as a line- the Child Survival and Maternity the know-how, we have the resources man in high school and he had the body Health Programs. I congratulate the to prevent these deaths. of a lineman. Todd was 6 feet tall and full committee for this work. I also 250 pounds—not quite the ideal weight congratulate the subcommittee, The Lancet, a British medical journal which ran a series of articles last for a National Guardsman. Todd needed chaired by Senator MCCONNELL, and year about child survival, just pub- to lose some weight if he hoped to get Ranking Member LEAHY, for the bill into the Guard. To qualify, Todd loaded they reported which contained this lished a new study indicating that the a backpack with 50 pounds of weight money. I want to use this occasion and lives of an estimated 6 million children and walked eight miles a day. He re- the passage of this bill—in the future, could be saved for as little as $1.23 per peated this workout until he had lost it will be coming to the Senate floor child. Yes, for as little as $1.23 per child fifty pounds. Todd was, indeed, a re- with this language—to share some im- in the 42 countries with the highest markable young man. portant statistics about child and ma- rates of child mortality, 23 lifesaving As with his dedication to losing ternal mortality. interventions could be made univer- weight and to football, Todd brought It is so very important that we un- sally available. These interventions, the same focus and work ethic to his derstand what this money can do. I am many of them as basic as vitamin A or career in the Army. His drill sergeant, often hesitant to recite statistics on zinc supplements, are critical to pre- Jason Patrick, from Ft. Leonard Wood the floor of the Senate because when venting the deaths of millions of chil- said this about Todd: you hear them repeatedly, it is all too dren. Todd was a remarkable soldier and per- easy to become numb to statistics, to The full Appropriations Committee son—always striving to be the very best and forget the human realities that they has agreed to provide this $275 million fully committing to every task at hand. I for child survival in the Foreign Oper- watched this fine young American grow from do, in fact, represent. It is important for all of us and for ations bill. This is very significant. It civilian to soldier. I watched as he endured is an important step in our efforts to everything I could throw at him. I am proud the American people to listen to some to have trained him and extremely proud of of these statistics because they are so improve the health of children around all he accomplished. unbelievable and so tragic and because the world. This funding will save lives. After being deployed to Iraq in Feb- they do represent human lives. These I urge my colleagues to support this ruary of 2003, Todd continued to out- are lives that can be saved, lives that funding level when the bill comes to perform the expectations of his com- can be saved by making resources the floor. I urge my colleagues, when manders. Brigadier General Ronald available to developing countries and the bill then goes to conference com- Young said of Todd, ‘‘[He] was an ex- people who are in such great need. Let mittee, to keep this funding in that bill ceptional soldier... He served his as- me recite some of these statistics. as well. signments with great distinction, and Today, over 10 million children under I yield the floor and suggest the ab- his commanders have recognized his the age of 5 die each year from prevent- sence of a quorum. dedication to duty and personal leader- able and treatable diseases and ail- The PRESIDING OFFICER (Mr. ship on several occasions.’’ ments. These include diarrhea, pneu- CORNYN). The clerk will call the roll. Todd had a passion for what he was monia, measles, and, yes, malnutrition. The assistant legislative clerk pro- doing in the Guard and as with his It is an unbelievable figure. Of those 10 ceeded to call the roll.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7894 CONGRESSIONAL RECORD — SENATE July 1, 2005 Mr. MCCAIN. Mr. President, I ask her professional life to care for her and Arizonans will remember her with unanimous consent that the order for children. Nevertheless, she became in- great pride. the quorum call be rescinded. volved in many volunteer activities I yield the floor. The PRESIDING OFFICER. Without during this time. She also began an in- The PRESIDING OFFICER. The Sen- objection, it is so ordered. volvement with the Arizona Repub- ator from Massachusetts is recognized. f lican Party. After five years as a full- f time mother, Justice O’Connor re- RETIREMENT OF JUSTICE SANDRA BEST WISHES TO JUSTICE turned to work as an assistant State DAY O’CONNOR O’CONNOR Attorney General in Arizona. Arizona Mr. MCCAIN. Mr. President, today we Governor Jack Williams later ap- Mr. KENNEDY. Mr. President, I join have learned that one of our Nation’s pointed her to occupy a vacant seat in my friend and colleague, the Senator finest jurists will step down from our the Arizona Senate. O’Connor success- from Arizona, Mr. MCCAIN, in extend- highest court. Despite her departure fully defended her Senate position for ing my best wishes to Justice O’Connor from the Supreme Court, Justice San- two more terms and eventually became and thank her for her long and dedi- dra Day O’Connor will leave a lasting the majority leader. By rising to the cated service to the Nation. She was a mark on American jurisprudence char- position of majority leader, Justice cheerful and thoughtful and highly re- acterized by fairness, balance, and in- O’Connor achieved another first for spected member of the Court, a wise tegrity. American women. judge who served the Nation and the Justice O’Connor’s career and service In 1974, Justice O’Connor ran and won Constitution well. to our Nation have been truly remark- a judgeship on the Maricopa County Justice O’Connor was a mainstream conservative and was confirmed unani- able. This country will miss her pres- Superior Court, which resulted in her mously by the Senate. I hope the Presi- ence on the Supreme Court dearly. service in all three branches of Arizona Some have said that no other indi- dent will select someone who meets the government. A year later, she was vidual in our Nation’s history has come high standards that she set and can nominated to serve on to the Arizona to the Supreme Court under greater ex- bring the Nation together, as she did. Court of Appeals. Almost two years pectations. Not only did Justice O’Con- Our Senate debates in recent weeks after that, President Reagan nomi- nor meet these expectations, she far have included extensive discussions on nated her to the Supreme Court to re- exceeded them. When President Reagan the need for consultation by the Presi- place the retiring Justice Potter Stew- nominated and the Senate unani- dent with the Senate on potential Su- art. The Senate rightly confirmed mously confirmed Justice O’Connnor in preme Court nominations. But such 1981, she became the first woman to sit O’Connor’s nomination unanimously consultation was not mentioned by the on the Supreme Court and, over time, and the Court soon abandoned its use majority leader in his address on she grew to be one of the crucial swing of ‘‘Mr. Justice’’ as the form of address. judges earlier this week, and the omis- votes on the court—her decisions driv- Justice O’Connor herself described the sion is glaring, since consultation is en both by her conservative sensibili- significance of her nomination in the the heart of the ‘‘advice’’ requirement ties and also by her practical nature. following way. She said, ‘‘A woman had in the constitutional requirement that Justice O’Connor grew up on the never held a position at that level of the President appoint judges with the Lazy-B Cattle Ranch in southeastern our government. And it was a signal ‘‘advice and consent’’ of the Senate. Arizona. She learned to drive at age 7 that it was all right that women could Under the Constitution and the Sen- and could fire rifles and ride horses by be in such positions. That they could ate rules, every Senator’s hands are on the time she turned 8. Perhaps it was do well in such positions.’’ the oars of this vessel. If a substantial her Arizona roots that fueled both her Mr. President, Justice O’Connor number of us are rowing in the oppo- pragmatism and her desire to succeed. brought to her position on the Supreme site direction from the majority leader, Mr. President, after high school, Jus- Court her remarkable life history char- we will not make much progress. But if tice O’Connor attended Stanford Uni- acterized by independence, persever- there is a consensus as to where we versity where she majored in econom- ance, and achievement. Early in her want to go, we can get there directly ics and graduated with high honors. A tenure on the Court, observers identi- and quickly. legal dispute over her family’s ranch, fied her as part of the Court’s conserv- The 14 Senators who reached the however, inspired her interest in law ative faction. The public often associ- landmark bipartisan compromise in and her decision to enroll at Stanford ated her with Justice Rehnquist be- the nuclear option debate made a Law School. Justice O’Connor com- cause of their shared roots and values. pledge to one another and a plea to the pleted law school in only two years, Over time, though, Justice O’Connor President that the advice function but she still managed to serve on the combined her conservative sensibilities must not be given short shrift, and Stanford Law Review and receive high- with a desire to find pragmatic solu- that serious consultation with the Sen- est honors. O’Connor graduated third tions based on sound legal interpreta- ate in the nomination process is the out of a class of 102. First in the class tion. She approached each case key to a successful confirmation proc- was fellow Arizonan William H. thoughtfully. ess. Rehnquist. I suggest that maybe we It will be difficult to fill the void Separate and independent assess- should turn to Arizona once again for a that Justice O’Connor’s resignation ments of nominations by each Senator Supreme Court nominee, considering has created, nor can anyone assume a are precisely what the Framers wanted the track records of Justices O’Connor similar place in American history. us to do. They wanted Senators to be a and Rehnquist. There can be only one first, and Sandra check on the Executive’s proposed judi- In law school, Justice O’Connor also Day O’Connor was it. cial selections as a safety net for the met her future husband, John Jay Mr. President, very rarely do I pre- Nation if the President overreaches by O’Connor, a fine man and husband. sume to speak on behalf of all of the making excessively partisan or ideo- Mr. President, Justice O’Connor citizens of my State of Arizona. But I logical nominations. faced a difficult job market after leav- know, with confidence, that I do so Mr. President, all one has to do is ing Stanford. No law firm in California now when from the bottom of our read the debates of the Constitutional wanted to hire her and only one offered hearts we thank Justice O’Connor for Convention. Our Founding Fathers her a position as a legal secretary. her magnificent service to her State considered where to locate the author- Later, in Arizona, she again found it and to her Nation. She and her mag- ity and the power for the naming of the difficult to obtain a position with any nificent husband John will be in our judges on four different occasions. On law firm, so she started her own firm. thoughts and prayers as they enter the three occasions, they gave it unani- It is truly remarkable to realize just struggle ahead. We are confident that mously to the Senate—to nominate how far Justice O’Connor has risen dur- with her traditional courage, she will and to approve. And only in the last 8 ing her life despite the adversity she face this new challenge and emerge vic- days of the Constitutional Convention has faced. torious. We thank her for her service. did they change that to make it a bal- After she gave birth to her second We thank her for her family. We are, ance between the Executive and the son, Justice O’Connor withdrew from most of all, confident that Americans Senate of the United States.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7895 No fair reading of the debates at the tions but will be especially important if a va- The PRESIDING OFFICER. Without Constitutional Convention or the Fed- cancy arises on our Supreme Court. objection, it is so ordered. eralist Papers does not recognize that Another of the 14 signers, Senator f this is a shared responsibility. The best NELSON of Nebraska, mentioned his RETIREMENT OF JUSTICE SANDRA way we carried that shared responsi- own experience in selecting judges. In DAY O’CONNOR bility was if there is a recognition by his letter to the President, he pointed the Executive that he or she—if at a out that even though as Governor he Mr. BROWNBACK. Mr. President, I time in the future we elect a woman— was not required to obtain the advice rise today to discuss the retirement of has the prime responsibility to nomi- and consent of his legislature, never- Justice Sandra Day O’Connor from the nate; but the final aspect of consenting theless he consulted a great deal with U.S. Supreme Court. First, I wish to is in the Senate. them and found it ‘‘a very worthwhile applaud her public service that has The process works best when there is and successful process.’’ been part of her entire life. She is a consultation. It works best when, as we He encouraged President Bush to fantastic role model; she is a role have seen when the leader of the con- reach out to both sides of the aisle ‘‘so model to two of my older of five chil- servative movement in this country, we can move forward on future nomi- dren. My two older daughters have seen Ronald Reagan, took the opportunity nees in a positive and less contentious her as someone who moved into an area manner.’’ Without this consultation, to select Sandra Day O’Connor, who re- that had not been occupied by a woman he said, there could be difficulties, es- ceived a unanimous vote in the Senate, before—the Supreme Court of the pecially regarding future Supreme a true conservative. But President United States. One of my daughters got Court nominations, that might provide Reagan was setting the path for that to meet with her at one time. It was the basis for blocking an up-or-down time, and for future times, about how quite an event in her life, being able to vote which otherwise might not exist. see a woman on the U.S. Supreme to proceed. Even the President has said—once— Court at a young age. And that has That is the opportunity this Presi- that he would consult with Senators on been replicated, of course, with Ruth dent has at the present time. We hope judicial nominations, and I urge him to he will be inspired by what President do so. But as yet, there has been no Bader Ginsburg. Women have broken Reagan did in terms of the nominating meaningful consultation with the Sen- through. That will continue to be the process. ate. As the minority leader has made case, and will continue to be an inspi- Just this past week, several of the clear, off-the-cuff casual discussions ration to people throughout the world members of the group of 14 spoke on about how nice it would be if a Senator in general, and my family in par- the floor of the Senate. Just last week, were the choice is not meaningful con- ticular. Senator PRYOR gave a compelling ex- sultation. To be meaningful, consulta- Justice Sandra Day O’Connor was planation of the agreement. He said tion should include information about raised in southeastern Arizona on her that he was puzzled because people are who the President is really considering family’s ranch. Her humble beginnings ignoring a section of the agreement so we can give responsive and useful contributed to her appreciation for that is as important as any other sec- advice. common sense and limited govern- tion, the part dealing with advice and White House officials made time to ment, which she carried forward on the consent. He spoke of the past days ‘‘of meet last week with prominent outside Court. She received her undergraduate bipartisan cooperation between the ex- allies on the right who are so sure the degree from Stanford University; one ecutive and legislative branches of President will nominate a noncon- of the great schools of our country. At Government.’’ He pointed out that he sensus candidate that they have put an Stanford, she successfully pursued a was a signatory to a unanimously sup- $18 million war chest in place to defend degree in economics and graduated ported letter from the Senate minority their nominee. Their advice to the third in her class at Stanford Law to the President calling for consensus President was clear: They would con- School. It was during law school that and cooperation and calling for bipar- sent to and support any rightwing she met her husband John. tisan consultation—the best path to a judge he selects for the High Court. No As a young female attorney, Justice fair and reasoned confirmation process. wonder he likes to get their advice and Sandra Day O’Connor faced great ad- He did not demand that the President consent. versity in finding employment. It does sit down with the 14 or pretend that The American people deserve a Sen- not seem possible that someone grad- they will supplant the Senate Judici- ate that will be more than a uating third in their class from Stan- ary Committee and its leaders. But he rubberstamp for a Supreme Court ford Law School would face this prob- did urge the President to seek the nominee. A Senate that walks in lock- lem. But those were different times, counsel of Senators from both parties step with the White House is not doing and she was a woman and was looking as he makes future nominations. its constitutional job. It is not doing for employment in the private sector. the job the American people sent us ‘‘Their insight,’’ Senator PRYOR said, She persevered, accepted a position here to do: to protect their rights and ‘‘could help the President steer a as deputy county attorney for San freedoms. Mateo County in California, where she smoother course when it comes to judi- If the President abuses his power and cial nominations. . . . Just as the 14 served with distinction. nominates someone who threatens to In 1958, Justice Sandra Day O’Connor Senators did their part to smooth the roll back the rights and freedoms of way for future judicial nominations, began a small private practice in her the American people, then the Amer- native Arizona. the White House [can] do their part by ican people will insist that we oppose reaching out to the coequal branch of In 1965, after returning to work fol- that nominee, and we intend to do so. lowing a brief hiatus to care for her Government.’’ Mr. President, I hope President Bush children, Justice O’Connor accepted a How can anyone argue with that wise will follow Ronald Reagan’s example prescription? How can anyone ignore and ignore the advice and arguments of position as an assistant attorney gen- it, since it comes from one of those those who prefer an ideological activ- eral for the State of Arizona. who helped bring the Senate back from ist. He knew that the best thing for the In 1968, she was appointed to the Ari- the brink of disaster? A President country would be someone who we zona State Senate by the Governor to would have to be extraordinarily im- could all unite behind, and he chose fill a vacancy. During O’Connor’s ten- prudent not to give it great weight. such a person: Sandra Day O’Connor. ure in the State Senate, she dem- Another of the signers on the agree- Mr. President, I yield the floor and onstrated wisdom and excellence to be- ment, Senator SALAZAR, wrote to the suggest the absence of a quorum. come the majority leader. President last week with a clear mes- The PRESIDING OFFICER. The O’Connor was elected judge of Mari- sage: clerk will call the roll. copa County Superior court in 1975 and served until 1979 when she was ap- A wide ranging and good faith consultation The assistant legislative clerk pro- between the executive and the Senate, as ceeded to call the roll. pointed to the Arizona Court of Ap- contemplated by the Founding Fathers, is Mr. BROWNBACK. Mr. President, I peals. the best way to smooth the path to rapid ask unanimous consent that the order In 1981, President Ronald Reagan ful- Senate consideration for all judicial nomina- for the quorum call be rescinded. filled his promise to nominate the first

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He saw that she had Justice O’Connor’s life is a testament confirmation process through the Judi- the leadership abilities and the basic to perseverance, integrity, and appre- ciary Committee, on which I and the grounding and the intellect to take ciation of constitutional government. Presiding Officer serve on, in a timely this job. He really took somewhat of a She served as a role model to a genera- and reasonable fashion; that we could chance because she wasn’t the well- tion of women in the legal profession. I bring the nomination in front of this known commodity that Supreme Court commend her for her 24 years of dedi- body, have a robust debate on it, and Justices usually are. But he knew the cated service to the U.S. Supreme then vote. The person either goes on time was right to appoint a woman to Court. the Supreme Court or they do not go the U.S. Supreme Court and he found In her letter to the President an- on the Supreme Court—by 51 votes. the woman who was the right one for nouncing her retirement, I was im- That is what it should be. I think that the job. She earned her place in his- pressed by Justice O’Connor’s reference is clearly the case of what was antici- tory. to the ‘‘integrity of the Court and its pated by the Framers in the overall As she announces today that she is role under our constitutional struc- process. taking her retirement, I think all of us ture.’’ I think it is important to re- I see my colleague from Texas is who know her and have admired her for member that in our system of govern- here, who is to speak on the floor. I do so many years do want to wish her ment, the courts have but limited ju- want to end by again commending San- well. We believe she deserves this won- risdiction: they should neither write dra Day O’Connor’s lifetime of service, derful opportunity to have some time nor execute the laws, but simply ‘‘say the inspirational role that she has for herself. what the law is,’’ in the famous phrase played for many people in this coun- Sandra Day O’Connor also was named of former Chief Justice Marshall. As try—to people in my family. I thank to the National Cowgirl Hall of Fame. Alexander Hamilton explained, this her and say Godspeed to her and her That is another connection that we limitation on judicial power is what family, and I am sure she will continue have. This is a wonderful museum in would make the Federal judiciary the to serve this Nation. Fort Worth, TX, that honors the cow- ‘‘least dangerous branch.’’ They were I yield the floor. girls of our country who have made a not meant to resolve divisive social The PRESIDING OFFICER (Mr. difference, the cowgirls who have issues, short-circuit the political proc- ALLEN). The Senator from Texas. shown that ranching life and that inde- Mrs. HUTCHISON. Mr. President, I ess, or invent rights which had no basis pendent spirit can be the basis for suc- rise today to talk on two issues. First, in the text of the Constitution. cess that is really unmatched. Sandra I think everyone is talking about San- Unfortunately, the courts in recent Day O’Connor is in the Cowgirl Hall of dra Day O’Connor and the great con- years have not kept themselves within Fame and she is a real cowgirl. She did tribution she has made to our country. the circumscribed role envisioned by grow up on a ranch. She talks about I am pleased to say she is a friend of the Framers. Hamilton himself likely her childhood where they didn’t even mine. I have gotten to know her be- would be shocked at the broad sweep of have running water in her home. Grow- cause we have many of the same parts the exercise of judicial power in Amer- ing up like that made her hardy and of our background. Sandra Day O’Con- ica: Federal courts today are redefining able to overcome obstacles. nor was born in El Paso, TX, and she She has made quite an impression on the meaning of marriage, removing the actually graduated from high school in the Court as well. Sandra Day O’Con- role of faith in the public square, run- El Paso, TX. She grew up on a ranch in nor has been one of those people on the ning prisons and schools by decree, en- Arizona, and it was, of course, a remote Court who is a strict constructionist hancing Federal power at the expense place, so her parents sent her to high and who is an intellectual who is some- of the States and, just last week, radi- school in Texas to try to make sure she times considered a swing vote, but you cally expanding the power of govern- received a first-rate education. always know that her conservative phi- ment to take private property from one I think we see from her record in col- losophy is one that is very careful not individual and hand it over to another lege and law school that she did, in- to make laws from the bench but al- in the name of public use; by 5-to-4 de- deed, receive fine preparation. She was lows lawmakers to make the laws of cisions—5 for, 4 against. The expanded one of the brightest students to come our country. role assumed by the Federal courts out of Stanford Law School, grad- I think her opinion as the dissenting generally in recent years makes it all uating right at the top of her class opinion in the most recent case on emi- the more important that the upcoming along with her classmate, William nent domain shows that basic conserv- nominee exhibit the proper respect for Rehnquist. ative philosophical underpinning, say- the restrained role of the Federal Sandra Day O’Connor is a person who ing it would be outrageous to expand courts in American Government, stay- has overcome obstacles, and she has public purpose in eminent domain to ing within the text of the Constitution. done it in the most graceful way, in a include private projects, even if they Given the President’s repeated state- way that is a role model for girls in our are private projects that are going to ments during his campaign that he country, for women in our country, be- enhance the tax base of the city. That would pick Justices who would faith- cause she has always kept a positive is not what the Constitution intended fully interpret the text of the Constitu- attitude. When she couldn’t get a job in its preservation of private property tion and the resonance his position had out of Stanford Law School, grad- rights. with the American people, I am con- uating right at the top of her class, she I think Sandra Day O’Connor has fident that he will nominate a well- cajoled an offer from the county attor- made an impact on the Court and an qualified individual who will refrain ney in the county where Stanford was impact on our country. from making law from the bench. located, and was able to win that first I want to end my talk about Sandra I will conclude by simply saying, in job. Then, of course, she excelled from Day O’Connor reading from an inter- the confirmation process, I hope this that time forward. view I did with her when I was inter- body can take a position where we hold She has excelled in everything she viewing for my book ‘‘American Hero- fair hearings, where the nominee is not has done. She became the leader of her ines,’’ interviewing the women of today maligned by outside groups seeking to party in the State Senate in Arizona. who are breaking barriers, the women cast aspersions that are clearly not She was plucked from the State court of today who are the first at something there, or trying to paint an individual of appeals to become a member of the that is important. Sandra Day O’Con- where the factual setting is not there; U.S. Supreme Court. nor, of course, the first woman on our that it will be a process of 51 votes and When you think about it, to be thrust United States Supreme Court, was one not 60 votes, that there will not be a into this national limelight as the first of those I interviewed.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7897 I asked her what was her most impor- that was on the floor with an emer- Democrats and Republicans are going tant trait for success. And she said gency supplemental of $1.5 billion. This to work together. The President is something I think is especially impor- was the initial estimate Secretary going to assure we do. The Veterans’ tant to note today, on the day she an- Nicholson gave to the Committee on Administration and the Office of Man- nounces her retirement. She said: Veterans’ Affairs about what they agement and Budget are going to do I am blessed with having a lot of energy. I would need to get through the 2005 fis- the right thing. And Secretary Nichol- think I inherited it from my mother. But to cal year and take them into 2006 with son has already done the right thing by be a working mother requires an enormous their preliminary estimates. coming forward in a public way, being amount of energy to do your job and to man- Last night, the House of Representa- criticized by some for having made age to take care of your family and to go tives passed a bill for $975 billion as an these mistakes, but saying, I am not nonstop all the time with never any personal emergency supplemental, just taking going to let this pass for one more day. downtime. I can’t remember a time in my care of the year 2005. That now is rest- We are going to do the right thing. life when I had time for myself. ing in the Senate. Everyone is working together. We I think on the day that she is an- I have talked to Secretary Nicholson will do the right thing by the veterans. nouncing her retirement, to have that today. I talked to Josh Bolton at the We will have a supplemental appropria- time for herself, makes us understand Office of Management and Budget tion. We will get a bill to the President that this is a woman who deserves, fi- today. I have asked them to come back in very short order to make sure not nally, to have her time for her family. to the Senate the week of July 11, and one stone is left unturned to give our She said: tell what they project their needs to be veterans the best care possible for the Another attribute that perhaps has been for 2006. As chairman of the Veterans great service they have performed for helpful is a curiosity about things, how Affairs Appropriations Committee, our country. things work. I think a love of learning and along with my colleague Senator FEIN- I yield the floor. finding out about things is useful. And, STEIN, who is the ranking member, we The PRESIDING OFFICER. The Sen- third, probably, is liking people. Enjoying ator from Missouri. talking to them, whoever they are with want to have all of the information be- whatever lifestyle or standard of living. I fore we mark up our 2006 budget for the f have always enjoyed talking to people. I Veterans’ Administration which will JUSTICE SANDRA DAY O’CONNOR think I got that, maybe, from my grand- occur July 21. I asked Secretary Nich- Mr. BOND. Mr. President, I rise brief- mother, in Texas. olson and the Office of Management ly to say thank you, congratulations, So that is just one excerpt from an and Budget director to determine what and best wishes to an outstanding per- interview with an extraordinary is going to be needed in 2006, and if son, a truly remarkable jurist. That is, woman, a woman who made her mark they can give us that number and as- of course, Sandra Day O’Connor, who in the history of the United States and sure the money will be transferred into announced her retirement today. who will always be remembered, as we the budget for 2006, then the Senate A lot of people can say many good wish her well in her retirement, as one would pass the House bill and send it to things about her service on the Court, of the leaders of our time, the leaders the President so that 2005 would be her interpretation of the Constitution. of the last century who, indeed, did taken care of. We did not want to pass We have heard many discussions about break an important barrier. that bill until we know the 2006 num- the wise judgment she has made. f ber is finite so we can assure we will I reflect a little bit as a personal ac- take care of the 2006 deficit in projec- VETERANS HEALTH CARE quaintance. Going back over 30 years tions. We must try to do this in July to when I visited my parents in Arizona, I Mrs. HUTCHISON. Mr. President, I get our appropriations bills going. had the opportunity to get to know want to talk about the Veterans’ Ad- We are going to come back July 11 or John and Sandra Day O’Connor. We ministration issue that we dealt with 12. Hopefully, we will have numbers played a lot of tennis together. Inci- this week in the Senate. I want to next week that will allow us either to dentally, they are both very good ten- bring us up to date, where we are, to pass the House bill that will take care nis players. John has a great, some- try to fix some of the problems that of 2005, knowing exactly what we will what wacky sense of humor. Sandra Secretary Jim Nicholson has brought need to take care of 2006, or send the Day O’Connor is a truly wonderful, re- to our attention. We were hoping that $1.5 billion that has already passed the markable, warm human being. the Veterans’ Administration would Senate over to the House to take care She wouldn’t tell the stories pub- not have financial difficulties this of 2005 and take us into 2006 with a licly, but there are a number of stories year. But I have to say that Jim Nich- cushion if the Veterans’ Administra- her friends know about the extra meas- olson stepped right up to the plate tion says they cannot make good esti- ure of kindness she showed to people in when he saw that, in fact, we would mates for the rest of 2006 at this time. need, people who are very ill, people have a shortfall this year, and we That is where we stand. who were suffering. She went out of her would need to borrow from capital Here is the point I make: The Vet- way quietly and demonstrated a human funds and maintenance funds in order erans’ Administration, the President of kindness and compassion that was sig- to make ends meet by the end of this the United States, the Office of Man- nificant. fiscal year, September 30. He came agement and Budget Director—the Of- As has already been outlined, she had straight to Congress. He didn’t try to fice of Management and Budget being a great record, great educational hide it. He didn’t go and try to Band- responsible for being the steward of the record, a record of great service. When Aid the Veterans’ Administration. He President’s budget—the Democrats on I met her, she was majority leader of came absolutely public, to the Con- the Committee on Veterans’ Affairs, the Arizona State Senate. I was Gov- gress, and said: We have a problem. the Republicans on the Committee on ernor of Missouri. We were recruiting Even though he did not anticipate it, Veterans’ Affairs, all working together people to run for Governor of Arizona. even as late as a month ago. along with the House of Representa- I thought Sandra Day O’Connor would But, in fact, models that have been tives, are going to do what is right for make a great Governor of Arizona. I used for 20 years in the Veterans’ Ad- veterans. We will not make this a par- made it my cause to recruit her on be- ministration have had to change be- tisan issue. We will not make it some half of the Republican Governors Asso- cause we do have veterans now coming test between any function of Govern- ciation to run for Governor. Then one out of the war in Iraq and Afghanistan. ment. We are going to do what is right day she told me, I have decided I am There are more injuries and fewer for the veterans who have served our going to take a seat on the bench. I am deaths in this kind of conflict, and I country, who are protecting freedom going to become a judge. In one of think we are proud there are fewer for our children. The money will be those famous comments that lives with deaths and we are proud these soldiers there. There will not be one iota of you forever, I said: Sandra Day O’Con- who are injured are going to be taken service not given to a veteran today or nor, it is a dead-end job being a judge care of. next week or next year. That is our in Phoenix, AZ. The Senate voted unanimously this commitment to them. It is part of the I was dead flat wrong. When I wel- week to amend the appropriations bill war on terrorism. comed her to Missouri to address the

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Clearly, he is fully enti- been very pleased to have her back sev- State of Arizona. tled, under the Constitution, to select eral times, and as far as I can tell she I will participate with my colleagues an individual whose philosophy is basi- has never failed to mention that story. in this debate, this careful and fair and cally consistent with the core values of I mention that story only to say she objective consideration of that indi- our President and his goals that he was right, once again, and she has con- vidual selected by our President. As wishes to achieve, not only during the tributed honorably and significantly to sure as I am standing here, I am con- course of his Presidency but with con- the judicial service of this Nation. fident that when it reaches the vote— firmation, judicial nominees remain on I can only say on behalf of those who and I think we will have an up-or-down for some 10, 15, 20, 25 years—long after were her constituents, as Americans, vote; I will certainly do what I can to the President has stepped down from and those who know her as a friend, we ensure that takes place—the American office. So that shows you the value of wish you the very best. We go forward public will look back upon the duty of this nomination. with our deep gratitude for all you the Senate, under the Constitution, as But in this instance, our President have contributed and our very best having been fulfilled with dignity and has an opportunity, against a back- wishes for health, happiness, and a long in a manner to reflect confidence with- ground of troubled times in our coun- life. in this great Nation and our citizens. try. We are engaged in a very difficult I yield the floor and suggest the ab- As you know, Mr. President, the ex- war on terrorism. sence of a quorum. ecutive branch, with the President, has Great sacrifices are being made by The PRESIDING OFFICER. The a role in this nomination coequal to our country. He can step forward and clerk will call the roll. that of the Senate. In studying history, be a uniter, not a divider, in this nomi- The legislative clerk proceeded to the role of the President is set out so nation by selecting someone who will call the roll. carefully. I did this research when I gain the confidence of the majority of Americans, someone who will enable Mr. WARNER. Mr. President, I ask worked with the ‘‘Gang of 14,’’ which I the two aisles here to remove the cen- unanimous consent that the order for will mention here momentarily. ter aisle, and we can join in a bipar- the quorum call be rescinded. But Alexander Hamilton, in Fed- The PRESIDING OFFICER. Without eralist Paper No. 66, said: tisan way and give strong ratification to the President’s choice. objection, it is so ordered. It will be the office of the President to It is interesting. I went back to Gen- The Senator from Virginia is recog- nominate, and, with the advice and consent eral Eisenhower. I reached back 50 nized. of the Senate, to appoint. There will, of course, be no—— years to examine the manner in which f the President and the Senate worked I repeat: ‘‘no’’—— SUPREME COURT NOMINATIONS together under this advice and consent exertion of choice on the part of the Senate. Mr. WARNER. Mr. President, today clause. In that 50-year period, there They may defeat one choice of the Execu- have been 27 total nominees. Fifteen, our President, President Bush, spoke tive—— so eloquently upon learning of Justice better than half, were passed by the I hope that does not happen in this Senate either with voice vote—and as O’Connor’s desire to step down and case—— the Presiding Officer knows full well, spend more time with her husband. I and oblige him to make another; but they that means total unanimity in the Sen- think that is such a beautiful and cannot themselves choose—they can only ate—or with more than 80 votes, so 3 by warm way to send a message all across ratify or reject the choice of the President. voice and over half of those by 80 votes. America. How clear that is. And working with Only 1 of the 27 passed by fewer than 60 I say, with a deep sense of humility, Senator BYRD and the other members votes, that threshold that describes the I consider her a friend. I am privileged of the 14 Senators who got together— filibuster. Three were rejected by the to know her. I know her husband. He and, by the way, I think the work of Senate and one withdrew. To me, that loves the outdoors. He loves the golf that group reflects credit on this insti- shows action in history for a half a game. They are a wonderful couple who tution—some six Federal judges are century, consistent with what the have inspired America. now serving our Nation as a con- Founding Fathers devised in this mag- It is interesting, I also heard, this sequence of their work, work which I nificent Constitution of ours. morning, another broadcast in which a always felt was in support of the Sen- That individual selected by the Presi- retired Federal circuit court judge—an ate leadership and their valiant efforts dent—I suppose he or she, as the case individual well known to the Senate, to see that the consideration by Sen- may be—will be labeled a conservative. well known to America—in com- ators of nominees be fair and expedi- That is fine. That doesn’t trouble me menting upon this retirement, did so in tious. at all. That doesn’t divide. That is con- a way that left me troubled. That is But in the context of our sort of sistent with the President’s basic phi- what brings me to the floor. I am not agreement—and I quote from it—— losophy. But if we can put on the bench sure he paid the respect this great Jus- We [the 14] believe that, under article II, of the highest Court in the land, a tice is owed. I will let people who de- Section 2, of the United States Constitution, Court that decides literally decisions sire to look at his remarks. the word ‘‘Advice’’ speaks to consultation which affect every one of us—every sin- But then he said, in so many words— between the Senate and the President with gle American is affected by their deci- and used the word—that the Senate ad- regard to the use of the President’s power to sions—an individual who will begin vice and consent process today is ‘‘cor- make nominations. We encourage the Execu- tive branch of government to consult with with the confidence of the American rupt.’’ That moved me to the point public as reflected in a strong bipar- where I felt compelled to speak out members of the Senate, both Democratic and Republican, prior to submitting a judicial tisan vote in this Chamber, that will be today. nomination to the Senate for consideration. a great legacy for the President as a What a privilege it has been for me, Such a return to the early practices of our uniter and not a divider. on behalf of Virginia, to stand on this government may well serve to reduce the I wish to reflect on the consultation. floor for 27 years and to participate in rancor that unfortunately accompanies the I am confident it will take place. There debates and vote for the best interests advice and consent process in the Senate. is no way of trying to describe it. It is of our Nation and the Commonwealth As it has in contemporary times. up to the President. It is within his dis- of Virginia. The Founding Fathers put the word cretion. But I have confidence it will As I look at Justice O’Connor’s ‘‘advice’’ in there, drawn from our take place in a manner that history record, it exemplifies to me a English language, clearly defined in will document that will be more than quotation from Shakespeare that I dictionaries and by precedent. It sim- adequate for the purpose. have always tried to follow: Unto thine ply speaks to the role of the Senate I also listened to a report this morn- own self always be true. and its ability to counsel with the ing where one group has been gathering

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As I say, the gang of 14 played a use, record population growth, evolving under freedom of speech, the magnifi- constructive role in the history of this management mandates and shrinking cence of this country, but it would be body. The question was the use or non- budgets represent just a few of the my hope that they will play a con- use of what was termed ‘‘the nuclear challenges facing the Nevada BLM. Bob structive role and not look at this option’’ to set aside the 60-vote rule of Abbey has handled every difficulty great moment in history of the selec- the Senate. It is my fervent hope we with grace and vision. tion of a Justice to the Court as some- don’t reach that option—that option is During his tenure, Bob directed the thing likened to a Super Bowl where still on the table; the record is clear— implementation of the Southern Ne- the sides get in and start the clash. that we don’t have any tendency or re- vada Public Lands Management Act. Rather, they should view themselves as course to go to that because in these This is no small task given that Clark being in consultation with the Sen- troubled times, when this country County, NV leads the Nation in sus- ate—Senators individually and collec- needs to be united, we would not want tained growth and development and tively—and do it in a constructive way. to send to the Supreme Court, by vir- ever increasing recreational use of pub- I remember so well the role of the tue of a vote under the doctrine of the lic lands. outside groups in that extraordinary nuclear option, that individual who Bob and his staff also helped me and chapter of Senate history with regard would be tattooed for life. That is not the other members of the Nevada con- to the Schiavo case. History will record what we need. gressional delegation in the develop- the viewpoints of many as to how it We want that individual to go up ment of the Clark and Lincoln County was done. I myself will forever be con- there with the full confidence and trust land bills. These bills were among the cerned about the role, in particular, of of the American people, the widest most significant public lands legisla- the Congress and, most specifically, margin of people that could possibly be tion in the 107th and 108th Congresses, the Senate. I remember Palm Sunday drawn together, and to represent them respectively, and Bob’s leadership when only three Senators, myself and and to make decisions which they will helped make them possible. Bob’s motto that we have more in two others, were on this floor, at which perceive were done by that individual common than our differences has set time we didn’t have time to speak. We and the other members of the Justices the tone for the best working relation- could only include a written statement of the Court that are in the best interest of the country and each individual ships between Federal land managers which is in the CONGRESSIONAL RECORD. and Nevadans in my memory. He has And I did so, expressing my disagree- American. I yield the floor and suggest the ab- inspired his employees to solve prob- ment with having the Senate go on sence of a quorum. lems, take pride in their work, and record as supporting a greater role of The PRESIDING OFFICER. The serve the public with distinction. The the Federal judiciary. clerk will call the roll. results serve as testament to his char- I felt the tenth amendment clearly The legislative clerk proceeded to acter, courage, and conviction. established the prerogatives of the sev- call the roll. At the end of next week, Bob Abbey eral States to handle matters of this Mr. MCCONNELL. Mr. President, I will retire from Federal service with a type. I was the sole ‘‘no’’ vote that day. ask unanimous consent that the order remarkable record of achievements. But only three Senators acted. The for the quorum call be rescinded. But perhaps his greatest contribution news broadcast said the Senate of the The PRESIDING OFFICER. Without as a land manager will come to fruition United States has decided. I will often objection, it is so ordered. while he is enjoying his retirement reflect on that moment as to whether THE RETIREMENT OF ROBERT ABBEY with his wife Linda. it did. Although accurate, three Sen- Mr. REID. Mr. President, I rise today After wildfires devastated vast ators can act on behalf of the body, but on the occasion of his retirement, to swaths of rangeland in Nevada and that was an example of where the out- honor the 27 years of public service of other Western States in 1999 and 2000, side interested parties became quite Robert V. Abbey of Reno, NV. Bob hails Bob played a key role in crafting a overbearing and in some ways distorted originally from Mississippi. He was blueprint for rangeland and ecosystem the important issue. I don’t disagree born in Clarksdale and earned his bach- restoration in the West. The so-called with those who felt different than I. elor’s degree in Resource Management Great Basin Restoration Initiative is a But they obfuscated and overdrama- at the University of Southern Mis- grand vision and roadmap for heaIing tized the issue. sissippi. Over the past 8 years, I am the landscape in Nevada. Unfortu- There is nothing more important proud to say he has become a Nevadan. nately, to date, the BLM and Depart- than trying to save a life. I understand Bob began his public service working ment of Interior have yet to match that. I respect that. But I use that as for the U.S. Army Corps of Engineers. Bob’s vision with appropriate funding. an example to say, we cannot, in my Later he moved to the Bureau of Land It is my hope that this is a temporary judgment, in these troubled times in Management where he has distin- delay and that one day soon, a thriving our history experience another chapter guished himself as a dedicated land Great Basin ecosystem will serve as such as that. manager, visionary leader, and excep- the enduring legacy of Bob Abbey’s This nominee, I am confident, will be tional citizen. public service. one who, first, with the selection by Bob’s early career at BLM included Although I regret that Bob Abbey is the President and then, in the course of tours of duty as a budget analyst in retiring, I know I speak for thousands review by the Judiciary Committee and Washington, DC; assistant district of Nevadans when I thank him for his the full Senate must be viewed as one manager in Yuma, AZ; district man- exemplary public service and wish him committed to uphold and support the ager in Jackson, MS; and associate and well with his future endeavors. We Constitution of the United States. The acting State director in Colorado. know Bob has made Nevada and our term ‘‘activist’’ jurist is one that trou- Since the fall of 1997, Bob has served as Nation a better place. bles me and, indeed, many people, be- the Nevada State diretor of the BLM. f cause it is the Congress of the United His job may very well be the toughest States with regard to Federal legisla- in Nevada and perhaps in the ranks of ENERGY POLICY ACT OF 2005 tion and the respective 50 State legisla- the BLM; in any case, it is among the Ms. SNOWE. Mr. President, the tures. They are the bodies to write the most important for both. United States has a long history of cre- law, not the State/Federal judiciary. Although his address has changed ativity and innovation when it comes We have seen a tendency recently for many times during his career, his com- to energy. But, somehow we cannot opinions to reflect a decision that mitment to public lands and public seem to break away from our depend- doesn’t necessarily rest on the core service has never wavered. The West ency on foreign oil as the dominant en- values of the Constitution but, rather, and Nevada are better for it. ergy source. It is clear that we must

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ICCT ‘‘Meeting the Climate Challenge’’ am pleased that the Energy Policy Act I believe our task is to help make it Summary of Main Recommendations of 2005 at least starts us down this more attractive, through the tax code, and Appendix B: Taskforce members. path. for our U.S. manufacturers to get the We should bequeath to all our children The bipartisan bill passed by the Sen- most promising and cost-effective tech- a world as rich in life and opportunity ate this week attempts to look broadly nologies to the U.S. and global market- as the one we inherited. And, we need at our energy needs and at new tech- place as quickly as possible. Through to start pursuing economically and en- nologies. Innovation has been the bed- the tax code, we can also incentives vironmentally sound ways to meet this rock of this nation’s economic growth great energy savings though energy ef- challenge now. and it will be essential once again in ficiencies. We should help increase the There being no objection, the mate- transforming the way energy is pro- American public’s awareness of the rial was ordered to be printed in the duced and consumed, not only in the benefits to our health and our national RECORD, as follows: United States but around the world. security of encouraging the shift away SUMMARY OF MAIN RECOMMENDATIONS Fuel cell technology is just one ex- from foreign oil and toward domestic ample of this ingenuity—offering a renewable and alternative energy 1. A long-term objective be established to prevent global average temperature from ris- clean, secure, efficient, distributed and sources that help curb our voracious ing more than 2°C (3.6°F) above the pre-in- dependable source of energy. I am thirst for fossil fuels. dustrial level, to limit the extent and mag- pleased that the Lieberman-Snowe fuel My performance-based targeted in- nitude of climate-change impacts. cell bill is part of the overall bill as it centives included in the bill will reduce 2. A global framework be adopted that should be part of our national energy natural gas prices and electricity builds on the UNFCCC and the Kyoto Pro- strategy. New sources of energy and prices by cutting the demand for nat- tocol, and enables all countries to be part of energy efficiencies can and must be de- ural gas and electricity in the near concerted action on climate change at the veloped and launched in the market- term, as well as in the longer term. global level in the post-2012 period, on the place for the benefit of both our own The bottom line is, we have the oppor- basis of equity and common but differen- tiated responsibilities. national security as well as the Amer- tunity to raise the bar for our future 3. G8 governments establish national re- ican consumer. At the same time, con- domestic energy systems and energy newable portfolio standards to generate at servation, and decreased energy con- efficiencies. Solutions do exist in the least 25% of electricity from renewable en- sumption through greater energy effi- entrepreneurial spirit of the American ergy sources by 2025, with higher targets ciencies are also a necessity. people. needed for some G8 governments. I am particularly pleased that the I must admit to disappointment that 4. G8 governments increase their spending bill contains a number of energy effi- we did not address, at the very least, on research, development, and demonstra- ciency tax incentives I have cham- closing the SUV CAFE Standards loop- tion of advanced technologies for energy-effi- pioned that will benefit my state of hole that would have rectified an unac- cient and low- and zero-carbon energy supply by two-fold or more by 2010, at the same Maine as well as the rest of the nation. ceptable inequity when it comes to ob- time as adopting near-term strategies for the Specifically, this bill provides impor- taining greater fuel economy for the large-scale deployment of existing low- and tant tax incentives for the construc- vehicles we choose to drive. We did not no-carbon technologies. tion of energy efficient commercial take this road currently less traveled 5. The G8 and other major economies, in- buildings, and renovation of old exist- towards decreasing our nation’s need cluding from the developing world, form a ing buildings—including schools and to import greater and greater amounts G8+ Climate Group to pursue technology other public buildings—as well as resi- of foreign oil from the most volatile agreements and related initiatives that will dential buildings that produce a 50 per- area of the globe, and at the same lead to large emissions reductions. cent reduction in energy costs to the time, decrease polluting vehicle emis- 6. The G8+ Climate Group agree to shift their agricultural subsidies from food crops owner or tenant—as compared to a na- sions that affect both the public’s and to biofuels, especially those derived from cel- tional model code that was part of S. the planet’s health. lulosic materials, while implementing appro- 680, Efficient Energy Through Certified I am also concerned that the United priate safeguards to ensure sustainable farm- Technologies and Electricity Reli- States is not moving ahead to take ac- ing methods are encouraged, culturally and ability, or EFFECTER, Act that I have tions to address climate change, al- ecologically sensitive land preserved, and introduced with Senators FEINSTEIN, though, for the first time, the U.S. biodiversity protected. MCCAIN, and DURBIN. Senate passed a sense of the Senate 7. All developed countries introduce na- The bill also contains a tax credit for resolution on climate change that offi- tional mandatory cap-and-trade systems for new energy-efficient homes that save cially recognizes that there is no doubt carbon emissions, and construct them to allow for their future integration into a sin- as much as 30 to 50 percent of the heat- that greenhouse gases are irrevocably gle global market. ing and cooling energy costs, as well as impacting our climate and that manda- 8. Governments remove barriers to and in- tax credits for efficient heating, cool- tory caps on greenhouse gas emissions crease investment in renewable energy and ing and water heating equipment—in- are necessary. energy efficient technologies and practices cluding air conditioners—that reduce This truly global problem requires through such measures as the phase-out of consumer energy costs. solutions based on cooperation and fossil fuel subsidies and requiring Export Notably, these incentives are based consensus, and I hope that, as the G8 Credit Agencies and Multilateral Develop- on performance, not cost, in order to countries, the world’s economic leaders ment Banks to adopt minimum efficiency or foster competition between suppliers of and largest emitters of greenhouse carbon intensity standards for projects they support. different technologies to produce prod- gases, meet this next week in 9. Developed countries honour existing ucts that meet the proposed target and Glenagles, Scotland, they will use the commitments to provide greater financial conserve the most energy. And we summit as a forum to reach agreement and technical assistance to help vulnerable know that competition will not only on practical and reasoned solutions to countries adapt to climate change including improve these technologies, but help confront climate change, setting the the commitments made at the seventh con- make them more widely available. stage to bring the developing world to ference of the parties to the UNFCCC IN 2001, The bill also extends the section 45 the table. and pursue the establishment of an inter- tax credit for electricity production This is what the International Cli- national compensation fund to support dis- from renewable sources. In the JOBS mate Change Taskforce, for which I am aster mitigation and preparedness. bill enacted last fall, this credit was the Cochair, set out to do well over a 10. Governments committed to action on climate change raise public awareness of the modified to allow categories of waste year ago. This group of international problem and build public support for climate materials from forest-related activi- leaders came up with a blueprint to set policies by pledging to provide substantial ties—biomass, which is a critical indus- out a pathway to engage all countries long-term investment in effective climate try in Maine—to qualify. This has been in concerted action on climate change, communication activities.

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APPENDIX B: TASKFORCE MEMBERS Centre for Epidemiology and Population national and national committees and Co-chairs Health, at The Australian National Univer- boards, including chairing the Committee on Rt Hon. Stephen Byers MP (UK)—Stephen sity, Canberra. Previously he had been Pro- Developing Countries from 1989 to 1990. He Byers is a Labour Member of Parliament for fessor of Epidemiology at the London School has also authored 21 books and many papers North Tyneside and a former Cabinet Min- of Hygiene and Tropical Medicine. He has and articles. ister in the Blair Government. In 1997 he was chaired the working-group assessment of APPENDIX C: TASKFORCE SECRETARIAT made Minister of State for School Standards. health risks for the UN’s Intergovernmental The Institute for Public Policy Research— In July 1998 he entered the Cabinet as Chief Panel on Climate Change, and is now under- www.ippr.org.uk—The Institute for Public Secretary to the Treasury and in December taking the international Millennium Eco- Policy Research (ippr) is the UK’s leading 1998 he was appointed as Secretary of State system Assessment project. progressive think tank and was established for Trade and Industry. He held this post Jonathon Porritt (UK)—Jonathon Porritt in 1988. Its role is to bridge the political di- until the 2001 General Election after which is Programme Director and co-founder of vide between social democratic and liberal he was made Secretary of State for Trans- Forum for the Future and Chairman of the traditions, the intellectual divide between port, Local Government and the Regions. He UK Sustainable Development Commission. academia and the policy making establish- resigned from the government in May 2002. In addition he is Co-Director of The Prince of ment, and the cultural divide between gov- Senator Olympia J. Snowe (USA)—Olym- Wales’s Business and Environment Pro- ernment and civil society. It is first and fore- pia J. Snowe is a two-term Republican U.S. gramme, Trustee of WWF UK and Vice-Presi- most a research institute aiming to provide Senator from the state of Maine. Olympia dent of the Socialist Environment Resources innovative and credible policy solutions. Its chairs the Senate Small Business and Entre- Association. He was formerly Director of work, the questions its research poses and preneurship Committee and is on the Senate Friends of the Earth. Jonathon received a the methods it uses are driven by the belief Finance Committee; the Commerce, Science CBE in January 2000 for services to environ- that a journey to a good society is one that and Transportation Committee; and the Se- mental protection. places social justice, democratic participa- lect Committee on Intelligence. She is an ac- Adair Turner (UK)—Adair Turner is Vice tion and environmental sustainability at its tive cosponsor of the McCain-Leiberman Cli- Chairman of Merrill Lynch Europe. From core. mate Stewardship Act for mandatory emis- 1995 to 1999 he was Director General of the Nick Pearce—Nick Pearce is Director of sions reductions and a market cap and trade Confederation of British Industry. He is cur- ippr. He was previously Special Adviser to system, and a leader for abrupt climate rently a director of United Business Media David Blunkett MP when he was Home Sec- change research. Olympia was a member of plc, Chair of the UK Low Pay Commission retary and Secretary of State for Education the U.S. House of Representatives from 1978 and Chair of the UK Pensions Commission. & Employment. He has also been an adviser to 1994. He is also a Visiting Professor at the London to the Prime Minister’s Social Exclusion Unit. Taskforce members School of Economics and a trustee of WWF Dr Tony Grayling—Tony Grayling is an Hon. Bob Carr MP (Australia)—Bob Carr is UK. Dr Ernst Ulrich von Weizsa¨ cker (Ger- Associate Director and head of the Sustain- the Premier of New South Wales. During his ability Team at ippr. Tony has previously many)—Dr Ernst Ulrich von Weizsa¨ cker is a premiership he has introduced strict green- been a special adviser to the UK Minister for member of the German Bundestag for the So- house emission benchmark laws in NSW and Transport, and the environmental policy of- cial Democratic Party (SPD). Since 2002, he a new state Greenhouse Office. He has cre- ficer for the Labour Party. ated 345 new national parks, receiving the has been the Chair of the Parliamentary Simon Retallack—Simon Retallack is a 1998 World Conservation Union International Committee on Environment, Nature Con- Research Fellow at ippr, specialising in Parks Merit Award. servation and Nuclear Safety. He was Direc- international climate change policy. Simon Professor John P. Holdren (USA)—Dr. John tor of the Institute for European Environ- is also co-director of the Climate Initiatives Holdren is a Professor of Environmental Pol- mental Policy in Bonn, London and Paris Fund, a grant-making foundation, and was icy and Director of the Program on Science, from 1984–1991, and President of the commissioning editor of The Ecologist mag- Technology, and Public Policy in the John Wuppertall Institute for Climate, Environ- azine. F. Kennedy School of Government. John also ment, Energy from 1991–2000. The Center for American Progress— holds professorial chairs at Harvard Univer- Professor Ni Weidou (China)—Professor Ni www.americanprogress.org—The Center for sity and the University of California. He re- Weidou is Director of the Clean Energy Cen- American Progress (CAP) is a non-partisan ceived the 1999 Kaul Foundation Award in tre at Tsinghua University. As the member research and educational institute dedicated Science and Environmental Policy, the 2000 of the Consultant Group of State Funda- to promoting a strong, just and free America Tyler Prize for Environmental Achievement, mental Research and Planning and the Co- that ensures opportunity for all Americans. and the 2001 Heinz Prize in Public Policy. chairman of Energy Group of CCICED, he It believes that Americans are bound to- Martin Khor Kok-Peng (Malaysia)—Martin gives advice on state energy policies. He is in gether by a common commitment to these Khor is director of Third World Network. He close cooperation with the University Com- values and it aspires to ensure that national has been a Member of the Board of the South mittee of Environment of Harvard Univer- policies reflect these values. It works to find Centre, and Vice Chairman of the Expert sity and the Centre for Energy and Environ- progressive and pragmatic solutions to sig- Group on the Right to Development of the ment Studies of Princeton University. nificant domestic and international prob- UN Commission on Human Rights. He has Hon. Timothy E Wirth (USA)—Timothy lems and develop policy proposals that foster conducted studies and written papers for the Wirth is the President of the United Nations a government that is ‘‘of all the people, by United Nations Conference on Trade and De- Foundation and Better World Fund. He has all the people, and for all the people.’’ velopment, United Nations Development been a member of the US House of Rep- John Podesta—John Podesta is the Presi- Programme and United Nations Environ- resentatives and US Senate where he fo- dent and Chief Executive Officer of the Cen- ment Programme, including Intellectual cussed on environmental issues, especially ter for American Progress. He served as Property, Biodiversity and Sustainable De- global climate change and population Chief of Staff to President Bill Clinton from velopment (2002). stabilisation. He served in the US Depart- October 1998 to January 2001 and previously Nathalie Kosciusko-Morizet MP (France)— ment of State as the first Undersecretary for was an Assistant to the President then Dep- Nathalie Kosciusko-Morizet is a Member of Global Affairs from 1993 to 1997. uty Chief of Staff. Podesta is currently a the French National Assembly for the gov- Cathy Zoi (Australia)—Cathy Zoi is Group Visiting Professor of Law on the faculty of erning party, the Union pour un Mouvement Executive Director of Bayard Capital, an en- the Georgetown University Law Center. Populiare (UMP). She is President of the vironment and sustainable energy company. Todd Stern—Todd Stern is a Partner of Committee on health and environment for She co-chairs the New South Wales (NSW) Wilmer, Cutler and Pickering. He served in the UMP and Executive Secretary of the Government’s Sustainability Advisory Coun- the Clinton Administration in various capac- Council on sustainable development of the cil. Previously, Cathy was Assistant Director ities, including Assistant to the President UMP. Her published books include: Pourquoi General of the NSW Environmental Protec- for Special Projects and Counselor to the une charte de I’environnement? Une charte tion Agency, the founding CEO of the Sus- Secretary of the Treasury. Between 1997 and ´ pour quoi faire? La revolution tranquille de tainable Energy Development Authority, and 1999, he served as the senior White House ne- ´ I’ecologie (2001). Chief of Staff of Environmental Policy in the gotiator at the Kyoto and Buenos Aires ne- Dr. Claude Martin (Switzerland)—Dr. Clinton White House. She has been a com- gotiations. Claude Martin is Director General of the pany director for a number of start-up re- Dr Ana Unruh Cohen—Ana Unruh Cohen is World Wildlife Fund (WWF) International. newable energy enterprises. the associate director for environmental pol- As Director General of WWF International, icy at the Center for American Progress. Claude has initiated new approaches, includ- Scientific adviser to the taskforce Prior to joining American Progress, she was ing partnerships with the World Bank and Dr Rajendra K Pachauri (India)—Dr R K an aide to Congressman Edward J Markey business and industry groups. He is a mem- Pachauri supported the taskforce in the ca- (D-MA) for three years, handling energy and ber of the China Council for International pacity of Scientific Adviser. environmental issues pending before the En- Cooperation on Environment and Develop- Dr Pachauri is Director General of The En- ergy and Commerce Committee and the Re- ment (CCI–CED), a high level advisory body ergy and Resources Institute, and chair of sources Committee. to the Chinese Government. the UN’s Intergovernmental Panel on Cli- Ken Gude—Ken Gude is the Director of Re- Professor Tony McMichael (Australia)— mate Change. His wide ranging expertise has search on the International Rights and Re- Tony McMichael is Director of the National resulted in his membership of various inter- sponsibilities Project at the Center for

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7902 CONGRESSIONAL RECORD — SENATE July 1, 2005 American Progress. Prior to joining Amer- bill for fiscal year 2006, H.R. 2985, as re- H.R. 2985, 2006 LEGISLATIVE BRANCH—Continued ican Progress, Gude was a Policy Analyst at ported by the Senate Committee on [Fiscal Year 2006, $ millions] the Center for National Security Studies. He Appropriations, provides $3.952 billion previously worked at the Council on Foreign General Mandatory Total Relations. in budget authority and $3.947 billion purpose The Australia Institute—www.tai.org.au— in outlays in fiscal year 2006 for the The Australia Institute is an independent legislative branch and related agencies. SENATE-REPORTED BILL COMPARED TO: Senate 302(b) allocation: public policy research centre funded by Of these totals, $118 million in budget Budget authority ...... ¥70 0 ¥70 grants from philanthropic trusts, member- authority and $117 million in outlays Outlays ...... ¥70 0 ¥40 ships and commissioned research. It was are for mandatory programs in fiscal 2005 Enacted: launched in 1994 to develop and conduct re- Budget authority ...... 289 5 294 year 2006. Outlays ...... 45 5 50 search and policy analysis and to participate President’s request: forcefully in public debates. In addition, the The bill provides total discretionary Budget authority ...... ¥194 0 ¥194 Institute undertakes research and analysis budget authority in fiscal year 2006 of Outlays ...... ¥129 0 ¥129 House-passed bill: commissioned and paid for by government, $3.834 billion. This amount is $194 mil- Budget authority ...... 118 0 118 business, unions and community lion less than the President’s request, Outlays ...... 59 0 59 organisations. Unconstrained by ideologies $70 million less than the 302(b) alloca- Note.—Details may not add to totals due to rounding. Totals adjusted for of the past, the purpose of the Institute is to consistency with scorekeeping conventions. help create a vision of a more just, sustain- tion adopted by the Senate, and is $118 million more than the House-passed able and peaceful Australian society and to f develop and promote that vision in a prag- bill. The 2006 budget authority pro- matic and effective way. vided in this bill is $289 million more Dr Clive Hamilton—Dr Clive Hamilton is than the fiscal year 2005 enacted level. ENERGY AND WATER Executive Director of The Australia Insti- APPROPRIATIONS ACT, 2006 tute. He has held visiting academic positions I commend the distinguished chair- at the Universities of Cambridge, Sydney man of the Appropriations Committee Mr. GREGG. Mr. President, the en- and the Australian National University. Pre- for bringing this legislation before the ergy and water development appropria- vious positions include Head of Research at Senate. I ask unanimous consent that tions bill for fiscal year 2006, H.R. 2419, the Federal Government’s Resource Assess- a table displaying the Budget Com- as reported by the Senate Committee ment Commission. Dr Hamilton has pub- mittee scoring of the bill be printed in on Appropriations, provides $31.245 bil- lished on climate change policy and environ- lion in budget authority and $31.118 bil- mental economics, including Growth Fetish. the RECORD. Alan Tate—Alan Tate has been involved in There being no objection, the mate- lion in outlays. The bill contains no national and international climate policy for rial was ordered to be printed in the mandatory spending. In discretionary budget authority, the bill is $1.5 billion more than a decade. He is the recipient of RECORD, as follows: Australia’s most prestigious journalism above the President’s request, equal to award—the Gold Walkey—when National En- H.R. 2985, 2006 LEGISLATIVE BRANCH the 302(b) allocations adopted by the vironment Correspondent to the Australian [Fiscal Year 2006, $ millions] Senate, $1.499 billion greater than the Broadcasting Corporation. Alan became a House-passed bill and $1.089 billion founding partner in Cambiar in 2001. General more than the fiscal year 2005 enacted Justin Sherrard—Justin Sherrard co- purpose Mandatory Total founded Cambiar with Alan Tate, a Sydney- level. based strategy consultancy that works with SPENDING COMPARISONS—SENATE-REPORTED BILL I commend the chairman of the sub- progressive businesses and Governments on Senate-reported bill: Budget authority ...... 3,834 118 3,952 committee and the distinguished chair- gaining competitive advantage and public Outlays ...... 3,830 117 3,947 man of the Appropriations Committee support by focussing on Sustainability. He Senate 302(b) allocation: for bringing this legislation before the has 15 years of global experience of environ- Budget authority ...... 3,904 118 4,022 mental issues and their solutions. Outlays ...... 3,870 117 3,987 Senate. I ask unanimous consent that 2005 Enacted: a table displaying the Budget Com- f Budget authority ...... 3,545 113 3,658 Outlays ...... 3,785 112 3,897 mittee scoring of the bill be printed in LEGISLATIVE BRANCH President’s request: ECORD Budget authority ...... 4,028 118 4,146 the R . APPROPRIATIONS ACT, 2006 Outlays ...... 3,959 117 4,076 There being no objection, the mate- House-passed bill: Mr. GREGG. Mr. President, the pend- Budget authority ...... 3,716 118 3,834 rial was ordered to be printed in the ing legislative branch appropriations Outlays ...... 3,771 117 3,888 RECORD, as follows: H.R. 2419, 2006 ENERGY AND WATER APPROPRIATIONS; SPENDING COMPARISONS—SENATE—REPORTED BILL [Fiscal Year 2006, $ millions]

General purpose Mandatory Total

Senate-reported bill: Budget authority ...... $31,245 0 $31,245 Outlays ...... 31,118 0 31,118 Senate 302(b) allocation: Budget authority ...... 31,245 0 31,245 Outlays ...... 31,155 0 31,155 2005 Enacted: Budget authority ...... 30,156 0 30,156 Outlays ...... 29,827 0 29,827 President’s request: Budget authority ...... 29,745 0 29,745 Outlays ...... 30,260 0 30,260 House-passed bill: Budget authority ...... 29,746 0 29,746 Outlays ...... 30,264 0 30,264 Senate-reported bill compared to: Senate 302(b) allocation: Budget authority ...... 0 0 0 Outlays ...... ¥37 0 ¥37 2005 Enacted: Budget authority ...... 1,089 0 1,089 Outlays ...... 1,291 0 1,291 President’s request: Budget authority ...... 1,500 0 1,500 Outlays ...... 858 0 858 House-passed bill: Budget authority ...... 1,499 0 1,499 Outlays ...... 854 0 854 Note: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions.

SANDRA DAY O’CONNOR sit on the U.S. Supreme Court, Sandra for women and girls. I know this is true Day O’Connor has been an inspiration because she inspired me. Ms. LANDRIEU. Mr. President, from for millions of Americans, particularly the day she became the first woman to

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I always sman affirmed last week—‘‘it’s cial Envoy to Zimbabwe to further in- knew I wanted to serve the people of uncondonable, inexcusable, and we will vestigate and respond to this tragedy. my country, and on that day I realized continue to speak out and act dip- Anna currently serves as the Under- that there was no limit to what one lomatically to achieve justice for those Secretary General and Executive Di- woman could do. who have been so senselessly disadvan- rector of U.N. HABITAT, and is a good And today, 24 years later, I am a taged.’’ That is why I speak today. friend. woman standing on the floor of the The targets of this ongoing campaign This past Sunday, Anna arrived in U.S. Senate while the number of are Zimbabwe’s very poorest citizens— Harare as the head of a seven-member women in the Louisiana State Legisla- individuals who are already suffering delegation to investigate the true im- ture has grown from 2 to 24. We all owe from 80 percent unemployment, 600- pact of Mugabe’s so-called ‘‘cleaning’’ a great debt to pioneering women like percent inflation and widespread food operation. Sending Anna and the delegation is a Sandra Day O’Connor who broke the shortages. An the true reasons for this very positive step, and I am encouraged judicial glass ceiling and paved the campaign have not been made fully by the visit. And I urge President way for me and for millions of other clear. Mugabe to continue to allow Anna and Zimbabwe’s President, Robert women. her team full access to impacted areas. But O’Connor’s legacy is not limited Mugabe, says the crackdown is de- I look forward to hearing about and to the barriers she broke. Throughout signed to ‘‘restore sanity’’ in urban reading the delegation’s findings. her 24 years of service, Justice O’Con- areas—areas which he says have be- At the same time, I want to com- nor has proven herself to be one of our come overrun with criminals. mend international leaders, including But Zimbabwe’s cities are also the Nation’s leading legal scholars, con- British Prime Minister Tony Blair, sistently putting the rule of law ahead centers of opposition political activity. Australian Prime Minister John How- Due to the worsening situation in the of politics. She has been a champion of ard, U.S. Secretary of State urban areas, including a lack of fuel the law, a champion for our rights, and Condoleezza Rice, as well as over 200 and a diminishing food supply, the gov- a champion for our country. international human rights and civics Finding an appropriate successor to ernment may be moving poor people groups for publicly condemning these such a dedicated jurist is a heavy task out of the cities in an effort to increase continued atrocities and human rights indeed. control over the population. abuses. To protect the rights and liberties of Unfortunately, because of Mugabe’s As an international community, we all Americans, there is perhaps no government controls, there has been a share a collective responsibility to as- more important decision a President severe lack of verifiable information sist the people of Zimbabwe and bring makes than nominating a Justice to coming out of Zimbabwe. But daily dis- about a meaningful end to this man- the Supreme Court. I strongly urge patches are telling us of people being made tragedy. President Bush to rise above the par- forced into labor on state-run farms, But I also echo international calls for tisan politics that have gripped recent and young people being sent to youth Zimbabwe’s neighbors to step forward judicial confirmations and to reach out militia camps. Most disturbing are the and put pressure on the Mugabe gov- to both Republican and Democratic tragic reports that children are being ernment. I urge Zimbabwe’s African Senators as he selects a nominee to crushed and killed in these raids. neighbors to take effective action and succeed Justice O’Connor. Last Friday, these events led 10 intervene. In particular, I urge the Af- It is the Senate’s constitutional duty United Nations special rapporteurs on rican Union to take meaningful action. to provide advice and consent. To pro- human rights to issue a strong state- The fact is, the latest demolitions vide real advice and to grant real con- ment of concern about the ‘‘recent are part of a larger, sustained pattern sent, every single Senator must weigh mass forced evictions in Zimbabwe and of human rights violations being car- the nomination carefully and con- related human rights violations.’’ ried out by President Mugabe and his sciously. I briefly read a portion of this state- government. Senators from both sides of the aisle ment, which was issued through the Of- As the 2004 State Department Human must come together to ensure that the fice of the U.N. High Commissioner on Rights Report relates, and I will read a next member of the Supreme Court will Human Rights: brief paragraph directly: uphold the rights of the American peo- Since 18 May 2005 Zimbabwean authorities President Mugabe and his party used in- ple and base his or her decisions on the are reported to have forcibly evicted an esti- timidation and violence to maintain polit- law and the Constitution—not on polit- mated 200,000 people from Harare and 29 ical power. A systematic, government sanc- ical ideology. other locations across Zimbabwe, with some tioned campaign of violence targeting sup- reports stating that up to a million people porters and perceived supporters of the oppo- I hope President Bush will join us in may face eviction if the operation continues. sition continued during the year. Security this partnership and allow us to pro- . . . These evictions have targeted . . . infor- forces committed at least one extrajudicial vide real advice at this historic time. mal traders and families living in informal killing. Ruling party supporters, with mate- Working together, I am confident settlements, including women with HIV/ rial support from the Government, continued that we can find a suitable Justice who AIDS, widows, children with disabilities. their occupation of commercial farms, and in will follow the great precedent of San- Many evictees, including women, are re- some cases killed, abducted, tortured, in- dra Day O’Connor. ported to have been beaten up by police. The timidated, raped, or threatened farm occu- evictees have been given no prior notice, no pants. Security forces, government-sanc- f opportunity to appeal and no opportunity to tioned youth militias, and ruling party sup- DESTRUCTION IN ZIMBABWE retrieve property and goods from homes and porters tortured, raped, and otherwise shops before destruction . . . With the excep- abused persons perceived to be associated Mr. MARTINEZ. Mr. President, I call tion of a few inadequate transit camps, there with the opposition; some persons died from attention to and condemn the current is no evidence that the Government has ex- their injuries. tragic actions by the government of plored any alternatives to the evictions or I remind my colleagues that this Zimbabwe. offered adequate alternative housing and very same government is also a current At present, more than 200,000 people many evictees have been left completely member of the United Nations Com- have been made homeless as a result of homeless. mission on Human Rights—which is ‘‘Operation Restore Order’’—a 5-week- I find this situation to be alarming at yet another travesty. old government campaign to destroy the very least. These demolitions But the immediate issue facing us informal dwellings and businesses in sound a lot like political retribution today is the current government cam- Zimbabwe’s cities. Alternatively, the and forced human displacement. And paign to demolish Zimbabwe’s urban operation is also being called Oper- the deliberate destruction of the homes areas. We cannot ignore this continued ation Murambatsvina—meaning oper- is a clear violation of fundamental destruction and abuse. We simply can- ation ‘‘Drive Out Rubbish.’’ human rights. not look the other way.

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As my colleagues marked, ‘‘America stands with op- these deals might have on our domestic know, the ruling regime in Harare re- pressed people on every continent.’’ producers because in the long run the cently launched a massive campaign to At the time, she referenced Natan good outweighs the bad. But that is not destroy the homes of hundreds of thou- Sharansky and what he calls the the case. CAFTA is a relatively small sands of urban Zimbabweans, evicting ‘‘Town Square Test,’’ saying that the trade deal with a group of countries men, women, and children—in at least world should apply that test. To quote whose combined economies are smaller one case reportedly evicting even AIDS the Secretary directly, ‘‘if a person than that of New Haven, CT. Nearly orphans—under the auspices of ‘‘driv- cannot walk into the middle of the half of all Central Americans earn less ing out the rubbish.’’ town square and express his or her than $2 a day, and they simply cannot Many analysts believe that the Gov- views without fear of arrest, imprison- afford the meats or crops we have to ernment is attempting to forcibly relo- ment, or physical harm, then that per- sell. That is why the Louisiana Farm cate the urban population—which son is living in a fear society, not a Bureau has joined other State farm bu- tends to support the political opposi- free society. We cannot rest until every reaus, the National Association of tion—to rural areas in order to diffuse person living in a ‘‘fear society’’ is liv- State Departments of Agriculture, and resistance to its repressive policies. ing in a ‘‘free society.’’ numerous national farm groups in op- The ruling party may also be attempt- These remarks are even more rel- posing CAFTA. Even our own Govern- ing to revitalize the agricultural sec- evant in light of current events. The ment’s economic estimates say that tor, which has been devastated by its people living in Zimbabwe’s cities are CAFTA will mean little to agriculture policies, through this campaign of clearly living in a society of fear. Their or to our country as a whole; and these forced relocation to rural areas. What town squares are literally being torn are known to be quite optimistic esti- is certain is that this kind of deliberate down—the rubble crushing the people mates. That is because as the adminis- displacement of people in a country of that country. tration points out time and time where 3 to 4 million already need food I look forward to working with the again—we already dominate the import assistance is an absolute outrage. Administration, and supporting inter- market of this poor region. Sadly, this is what we have come to national efforts to provide meaningful According to estimates by the U.S. expect from President Mugabe and his assistance to the people of Zimbabwe. International Trade Commission, cronies. This same government has re- f CAFTA would actually increase our fused food assistance for hungry peo- trade deficit with Central America ple; manipulated available food assist- CENTRAL AMERICAN FREE TRADE while benefiting our economy by less ance for political purposes; systemati- AGREEMENT than one-hundredth of 1 percent. That cally attacked the independence of the Ms. LANDRIEU. Mr. President, I rise is worth repeating again. The adminis- judiciary; silenced independent media to speak a moment about why I am tration’s economists say that CAFTA voices; and created, often through coer- strongly opposed to the Dominican Re- will increase our trade deficit with the cion, brutally violent youth militias to public/Central American Free Trade region while boosting our own economy terrorize civilians. Agreement Implementation Bill, or by less than 0.01 percent. I commend Chairman MARTINEZ for CAFTA it is often referred to. CAFTA This same study concluded that for speaking out so forthrightly on this threatens a proud heritage and a way other farmers CAFTA would have ‘‘a issue. I am pleased to join him here of life in Louisiana that dates back negligible impact on total U.S. produc- today. I have also joined with my col- more than 250 years. Our great-great- tion and employment.’’ Why then are league, Senator DURBIN, in working to great grandfathers were raising cane we talking about dismantling my encourage U.N. Secretary General Kofi long before our country was even born. State’s sugar industry? U.S. farmers Annan to treat this crisis with the ur- Since 1751, Louisiana sugar cane farm- and ranchers get little in return for gency it deserves, and I also thank him ers have been farming the fertile soil of sending thousands to the ranks of the for his leadership. And I recently our great State. Before the marble unemployed. joined with Senator MCCAIN to assure Walls of Congress were ever erected, So what we have here is another raw Secretary of State Rice of the strong, Louisianans built an industry that deal for Louisiana sugar. I urge my col- bipartisan support that exists here for would weather hurricanes, the Great leagues to take a long, hard look at our an energized Zimbabwe policy. Depression and even the Civil War. country’s current agricultural trade But we can and must do more to op- These farmers have good reason to be agenda. This year, the USDA says pose this campaign of abuse. We must proud. American sugar producers are America will import as much food as continue to speak plainly to Southern among the most efficient in the world. we export. The agricultural trade sur- African leaders about the toll that Two-thirds of the world’s more than 100 plus that stood at $27 billion less than their silence about this ongoing crisis sugar-producing countries produce at a 10 years ago is now gone. The promises takes on their credibility, and about higher cost than the U.S. And in my made to farmers during the NAFTA de- the loss of investor and donor con- State of Louisiana, farmers produce bates have come up flat. And the prom- fidence in the region that is a con- about 20 percent of the sugar grown in ises that will be made today about sequence of Zimbabwe’s ceaseless the United States and currently rank CAFTA are contradicted by the admin- downward spiral over the past 5 years. fourth in the Nation in production of istration’s own estimates. The administration has spoken out sugar, producing an average revenue of In closing, let me say I support free commendably regarding the Zimbabwe $750 million per year. trade, so long as it is fair. Fair free crisis, but more could be done to take But today, we are prepared to deal trade requires that all players operate action that would bolster their tough this proud industry a death blow. We on as equal and level a playing field as talk. Targeted sanctions could have are talking about undoing centuries of possible, accountable to the same labor more bite, and the U.S. and other key tradition and stripping away jobs from laws, environmental standards, and donors could more clearly link support efficient Louisiana farmers. As passed, governmental intervention. To sac- for laudable initiatives such as the New this trade agreement would have a seri- rifice even one job for a trade deal that Economic Partnership for Africa’s De- ous and harmful effect on sugar pro- will deepen our agricultural trade def- velopment to restoration of respect for ducers in my State: CAFTA will equal icit is a travesty. And, having to tell civil and political rights and the rule of job loss and financial despair for 27,000 thousands of hard-working farmers in law in Zimbabwe. Louisiana sugar workers and farmers. Louisiana that they must look for Those of us who have followed the Along with additional bilateral trade work, because sugar was used as a bar- crisis in Zimbabwe often feel a sense of agreements, CAFTA could cost my gaining chip, is unacceptable. frustration as we watch so much of

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Once Zimbabwe’s corrupt leader- positive a second time they are banned be getting involved in the business of ship finally releases its grasp on power, from all sports forever. trying to regulate major league sports. the country will require substantial These are the kind of hard-nosed pen- Well, the answer is really quite simple. international assistance to rebuild the alties that will finally wake players up It is not just about the integrity of the institutions of democracy and regain to the reality that the need to stop game. It is partly about the health of its economic footing. doping up and risking losing their en- the athlete. But really, it is about the I was pleased to work with the ma- tire livelihood. It is going to be up to kids. jority leader on the Zimbabwe Democ- the players. I do not think too many of The game of baseball has been tar- racy and Economic Recovery Act, them will risk playing with fire. Be- nished by the use of steroids. Unfortu- which became law in 2001. This law cause if you play with fire, you will get nately, this not only affects players spells out Congress’s commitment to burned. taking these substances. But it also come forward as a strong partner of a In this legislation, leagues would also sends the wrong message to kids who recovery in Zimbabwe when change fi- be required to disclose to the public the see players as role models, and who nally does come and Zimbabwe’s long, names of those players who violate the also feel such pressure to perform so sad slide into authoritarianism and testing policy, the penalty they re- well at a young age. It is very impor- economic collapse has been halted. I ceive, and the substances involved. Any tant that we understand just how still believe in the promise of that bill athlete who refuses to take a drug test harmful steroids can be on a person’s and look forward to the day conditions will be immediately penalized the same health. allow all of us to realize that promise, as if he or he failed the test. These pen- Side-effects of steroids include fatal and to join with the people of alties would also apply to anyone who liver cysts, liver cancer, kidney dis- Zimbabwe in rebuilding their country assists in a violation of the drug test- ease, blood clotting, and they can even and safeguarding their democracy. ing policy. lead to heart attack or stroke. Our Mr. BUNNING. Mr. President, earlier Tests will be conducted by an inde- children look up to players as heroes. this week I introduced the Professional pendent entity not controlled by any And it is important that players set a Sports Integrity and Accountability league. This is necessary to ensure the good example. Act. This is not a bill I relish intro- integrity of the tests. This independent As Members of Congress we can play ducing, and I wish Congress did not entity will be responsible for the col- an important role in educating the have to get involved in this issue. lection, transport, and analysis of all public on the terrible health effects Unfortunately, this might be the samples. Lab analysis will be con- from steroids. Illegal performance-en- only way to get professional sports to ducted at a lab in the United States hancing drugs have become a serious finally clean up their act. As a former that meets Olympic standards. All problem in professional sports and it major league baseball player and a leagues will be required to keep records needs to stop. member of The Baseball Hall of Fame, of these tests which will be subject to Fans expect it to stop and former protecting the integrity of our national inspection by the Federal Trade Com- professional athletes expect it to stop. past time is a matter near and dear to mission. My friend and fellow baseball Hall of my heart. I know it is near and dear to It is important that people realize Famer—Dave Winfield—wrote me re- the hearts of so many fans across this is not about conducting a witch cently. He sent me a copy of an opinion America. hunt, and that is why my bill also in- piece he wrote on the steroid issue. In I do not have any personal experience cludes some protections for these ath- his piece, Dave outlines not only the with steroids. I never encountered letes. As a former player, I recognize negative physical health effects them during my years in the major that training and playing a sport can steroids cause. But he touches on the leagues. But I can tell you this—play- take a tremendous toll on the body. negative psychological effects, too. ers who use steroids are cheaters. When Therefore, my bill would allow athletes Dave also cites a recent survey by a na- I played ball, if you got caught cheat- exemptions for substances prescribed tional healthcare provider that nearly ing—whether it was by sharpening your by their doctor. one million kids in America are using spikes or corking your bat—you were My bill requires that leagues provide steroids and other substances to boost suspended. The same should hold true violators with a hearing and fair ap- their athletic performance. for those athletes who use illegal per- peals process upon testing positive. Finally, he raises the important formance enhancing drugs. These results must be disclosed to the question to athletes: ‘‘How do you want Something needs to be done to strike public. However, no information about to play your sport—clean and fair, or out drugs in sports. Some sports an athlete’s health is required to be by cheating with drugs?’’ leagues have taken baby steps in an at- disclosed. In order to ensure that The fans and former athletes do not tempt to implement a new or improve leagues are in compliance, the Federal want our national pasttime and favor- a current testing program. While I can Trade Commission is designated with ite sports to end up with black eyes be- appreciate their efforts, I just do not oversight of the drug testing program. cause of this mess. Everywhere I go I think they have done enough. For ex- Leagues can be fined up to $1 million hear sports fans and former athletes ample, the penalties under baseball’s per day if they do not enforce this test- whistling for an end to the use of drugs current drug testing program are—at ing policy. in sports. I and others in this body are best—puny. This legislation also encourages—but listening. Players and leagues must be My bill would not only toughen base- does not require—leagues to invalidate held accountable for the State of their ball’s standards, but it would apply to the records of any athlete who is respective sports. And this legislation a host of professional sports leagues, caught using performance enhancing demands accountability by putting real such as Major and Minor League Base- drugs. History is an important part of penalties on those who cheat. ball, Arena and National Football any sport and records should mean It is time to restore some integrity Leagues, men’s and women’s National something. Yes, records are made to be to the sports we all watch, pour our Basketball Associations, Major League broken. But it does not mean you hearts out to, and love. I hope my col- Soccer, and the National Hockey should be able to cheat to do so. leagues will join me in supporting this League. I was blessed to play 17 years in the important cause. I recognize that other Under my legislation, players would major leagues. I never saw a player hit senators, including Senator STEVENS, be tested at least three times a year. more home runs at age 40 than he was SENATOR MCCAIN, and Senator ROCKE- Tests would be conducted randomly hitting at age 25. Unlike a good wine, FELLER, have helped to highlight this with no advance notice to the athlete. professional athletes generally do not issue, and I look forward to the Senate

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7906 CONGRESSIONAL RECORD — SENATE July 1, 2005 moving this debate and legislation for- time beginning on the date on which the ath- each calendar year that the athlete competes ward to clean this mess up in a bi-par- lete is eligible, invited, allowed, or required in a professional sports league. tisan way. to report for practice or preparation to com- (B) RANDOM.—Tests conducted under this Before I yield the floor, I want to pete in a professional sports league and end- subsection shall be conducted at random in- ing on the later of the date of the league’s tervals throughout the entire calendar year share a letter I received last month last regularly scheduled professional sports with no advance notice to the professional from a young boy—Joseph Mattingly— event or the date of the last professional athlete. from Louisville, KY. Joseph writes: sports event of the post-season in which the (2) ADMINISTRATION AND ANALYSIS.— Dear Senator Bunning, my name is Joseph athlete is eligible, invited, allowed, or re- (A) IN GENERAL.—Tests under this sub- Mattingly. I am a Boy Scout from Troop 327. quired to participate. section shall be conducted by an independent At this year’s summer camp, I am working (7) PROTOCOL.—The term ‘‘Protocol’’ means entity not subject to the control of any pro- on a merit badge that requires me to write a the United States Anti-Doping Agency Pro- fessional sports league. letter to a Member of Congress representing tocol for Olympic Movement Testing and any (B) METHODS, POLICIES, AND PROCEDURES.— my State—Kentucky. This letter was re- successor to that protocol. The independent entity shall determine the quired to be about a national issue which I SEC. 4. CONDUCT PROHIBITED. methods, policies, and procedures of collec- share the same view with you. I wrote you It is unlawful for a professional sports tion, transportation, and analysis of bodily because I am a fan of Major League Baseball league to organize, sponsor, endorse, pro- specimens of professional athletes necessary and I would agree that Congress should get mote, produce, or recognize a professional to conduct tests for prohibited substances involved in the steroids scandal. I say this sports event without adopting and enforcing and methods and shall conduct such collec- for many reasons. One is that Major League a testing policy that meets the requirements tion, transportation, and analysis. (C) ANALYSIS.—Analysis of specimens shall Baseball needs some help. If they cannot of section 5. clear up this problem, Congress could. An- be conducted in a laboratory that meets the SEC. 5. MINIMUM DRUG POLICY IN PROFES- requirements for approval by the United other reason is that taking performance en- SIONAL SPORTS. hancing drugs is cheating. Cheating should States Anti-Doping Agency and is located (a) TESTING POLICY REQUIRED.—Each pro- within the United States. not be the American way of doing things. A fessional sports league shall adopt and en- (3) SUBSTANCES.— third reason is that steroids are drugs. Per- force policies and procedures to— formance enhancing drugs should be made il- (A) IN GENERAL.—Each professional athlete (1) proscribe the use of prohibited sub- shall be tested for all prohibited substances legal for sale without a prescription. Finally, stances and methods by each professional you are a Hall of Famer with much baseball and methods at the time of the administra- athlete competing in the league; tion of each test. experience. For this reason, Major League (2) test for the use of prohibited substances Baseball should let you help them with their (B) LIMITED EXEMPTION FOR MEDICAL OR and methods by each professional athlete THERAPEUTIC USE.—A professional sports problems. These are my views on why Con- competing in the league; and gress should get involved in bringing down league may provide an individual profes- (3) proscribe any person associated with sional athlete with an exemption for a par- the steroids scandal in baseball and all other the league from complicity in a violation by sports. Sincerely, Joseph Mattingly. ticular prohibited substance or method if a professional athlete competing in the such substance or method— This is the voice from a young fan— league. (i) has a legitimate and documented med- a child who loves the game of baseball. (b) PROHIBITED SUBSTANCES AND METH- ical or therapeutic use; He echoes the thoughts and words of so ODS.—At a minimum, the prohibited sub- (ii) is for a documented medical condition many others across America. There is stances and methods are as follows: of such athlete; and passion in this young boy’s heart, and (1) PROFESSIONAL SPORTS SEASON.—During (iii) is properly prescribed by a doctor of the professional sports season, all substances wisdom in his words. medicine licensed in the United States. and methods in such amounts as prohibited (e) PENALTIES.— Mr. President, I ask unanimous con- in-competition by the Protocol, excluding (1) VIOLATION.—Subject to paragraph (3), a sent that the text of the bill and edi- substances or methods prohibited in a par- violation shall result in the following pen- torial be printed in the RECORD. ticular sport as defined by the Protocol. alties: There being no objection, the text of (2) OFF-SEASON.—During the off-season, all (A) FIRST VIOLATION.—A person who com- the bill and editorial was ordered to be substances and methods in such amounts as mits a violation shall be immediately sus- printed in the RECORD, as follows: prohibited out-of-competition by the Pro- pended from participation in any profes- S. 1334 tocol, excluding substances or methods pro- sional sports league without pay for a min- hibited in a particular sport as defined by imum of 2 years. Be it enacted by the Senate and House of Rep- the Protocol. (B) SECOND VIOLATION.—A person who com- resentatives of the United States of America in (3) ADDITIONAL SUBSTANCES AND METHODS.— mits a violation, having once previously Congress assembled, Any other substances or methods or amounts committed a violation, shall be immediately SECTION 1. SHORT TITLE. of substances or methods determined by the permanently suspended without pay from This Act may be cited as the ‘‘Professional Commission to be performance-enhancing participation in any professional sports Sports Integrity and Accountability Act’’. substances or methods for which testing is league. SEC. 2. EFFECTIVE DATE. reasonable and practicable. (2) DISCLOSURE.— This Act shall take effect 1 year after the (c) VIOLATIONS.— (A) AFTER NOTICE.—Not later than 10 days date of enactment of this Act. (1) PROFESSIONAL ATHLETE.—The following after receiving notice of a violation under SEC. 3. DEFINITIONS. constitute violations of the testing policy this section, a professional sports league In this Act: under this section for a professional athlete: shall publicly disclose the name of the viola- (1) COMMISSION.—The term ‘‘Commission’’ (A) The presence of a prohibited substance tor, the penalty imposed, and a description means the Federal Trade Commission. or its metabolites or markers in the bodily of the violation, including any prohibited (2) OFF-SEASON.—The term ‘‘off-season’’ for specimen of a professional athlete, or evi- substance or method involved. each professional athlete means the period of dence of the use of a prohibited method. (B) ADJUDICATION PROCEEDINGS.—The time outside the professional sports season. (B) Refusing, or failing without compelling league shall publicly disclose the results of (3) PROFESSIONAL ATHLETE.—The term justification, to submit to a test. The ab- any adjudication proceedings required by ‘‘professional athlete’’ means an individual sence of an athlete from the United States paragraph (3) within 10 days of notice of the who competes in a professional sports shall not alone be a compelling justification termination of the proceedings. league. under this subparagraph. (3) ADJUDICATION.— (4) PROFESSIONAL SPORTS EVENT.—The term (2) ANY PERSON.—The following constitute (A) IN GENERAL.—A professional sports ‘‘professional sports event’’ means any game, violations of the testing policy under this league shall— match, or competition conducted in the section for any person associated with a pro- (i) provide a violator with prompt notice United States between any teams, clubs, or fessional sports league: and a prompt hearing and right to appeal; organizations of a professional sports league. (A) The administration or attempted ad- and (5) PROFESSIONAL SPORTS LEAGUE.—The ministration of a prohibited substance or (ii) permit that violator to have counsel or term ‘‘professional sports league’’ means method to any professional athlete. other representative for the proceedings. Major League Baseball, Minor League Base- (B) Assisting, encouraging, aiding, abet- (B) VIOLATOR SUSPENDED.—A violator sub- ball, the National Football League, the ting, covering up, or any other type of com- ject to this paragraph shall be suspended Arena Football League, the National Basket- plicity involving a violation by a profes- without pay from participation in any pro- ball Association, the Women’s National Bas- sional athlete. fessional sports league during the pro- ketball Association, the National Hockey (d) CONDUCT OF TESTS.— ceedings. League, Major League Soccer, and any suc- (1) FREQUENCY, RANDOMNESS, AND ADVANCE (f) RECORDS.— cessor organization to those organizations. NOTICE.— (1) IN GENERAL.—Each professional sports (6) PROFESSIONAL SPORTS SEASON.—The (A) IN GENERAL.—Each professional athlete league shall maintain all documentation and term ‘‘professional sports season’’ for each shall be tested for the use of prohibited sub- records pertaining to the policies and proce- professional athlete means the period of stances and methods no less than 3 times in dures required by this section and make such

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7907 documentation and records available to the who used steroids. Overall there is a dim Gwynn, an eight-time batting champion, Commission upon request. view of those who have padded their statis- said, ‘‘My success came from knowing I’m a (2) PRIVACY.—With regards to any informa- tics by steroid use. No one likes their his- singles hitter.’’ tion provided to the Commission under this toric performances and careers marginalized He had no desire to try to hit the long ball subsection, nothing in this Act shall be con- by those who have an unfair advantage, to be successful. Speed and defense made him strued to require disclosure to the public of whether the drugs were legal or not. Long- an all-around player. health information of an individual athlete time records fall in time (that’s what records Ripken played more consecutive games that would not be subject to disclosure under are for), but with the advent of these drugs than anyone in the history of baseball. He other applicable Federal laws. you destroy the integrity of the feat. The never led the league in home runs, runs bat- SEC. 6. ENFORCEMENT. issue here is how to compare the achieve- ted in or stolen bases, but said, ‘‘It was my ments of baseball greats from different eras. defense, long-term health, stamina and con- (a) UNFAIR OR DECEPTIVE ACTS OR PRAC- More important, I am a parent who cares TICES.—Except as provided in subsection (b), sistency that gave me success on the dia- about children and the game of baseball, and mond.’’ this Act shall be enforced by the Commission will continue to be a role model to others I as if a violation of this Act or of any regula- Murray possessed the ability to switch-hit work with, whether it is Little League Inter- with power, enabling him to hit more than tion promulgated by the Commission under national, the Reviving Baseball in Inner Cit- 500 homers and drive in more than 1,900 runs. this Act were a violation of section 18 of the ies program, or with collegiate, or profes- He played superb defense and was the con- Federal Trade Commission Act regarding un- sional baseball players. fair or deceptive acts or practices. In this era of immediate gratification, let summate team player. He said the hallmarks (b) ENHANCED CIVIL PENALTIES.—In addi- me give a perspective on achieving long-term of his success were ‘‘my baseball instincts, tion to the penalties provided in subsection success and gratification. Let me be one of competitiveness and love of the game.’’ (a), the Commission may seek a civil penalty many who take the side of advocating suc- Mattingly, the 1985 American League MVP, not to exceed $1,000,000 for each day a profes- cess and enjoyment in sports without phar- didn’t have the height; weight or strength of sional sports league is in violation of this maceutical enhancements. Hopefully, I may others, but what made him a great player Act. cause others to speak up and give young peo- was his knowledge of the fundamentals and (c) PROMULGATION OF REGULATIONS.—The ple a positive path to follow. techniques of hitting. ‘‘I listened and learned Commission may promulgate such regula- Here are reasons you should not use ana- from coaches about using my body to max- tions as necessary to enforce this Act as if bolic steroids: Although they are known to imum effectiveness, and how to solve pitch- the relevant provisions of the Federal Trade make athletes stronger and faster, they do ers,’’ he said. Commission Act were incorporated in this not improve athletic skill, and the health The primary things these guys had in com- Act. risks are numerous. They can cause acne, mon were their understanding of the game, (d) DELEGATION.—The Commission may hair loss, blood-pressure changes, nausea, their work ethic and a tough mental ap- delegate the administration of this Act or vomiting, aching joints, testicular shrink- proach that gave them longevity in the any part of this Act to any appropriate agen- age, urinary problems and impotence or ste- game. cy of the United States Government. rility. Other effects include shortening of People might think the only reason I adult height; paranoia, violent behavior (in SEC. 7. RULES OF CONSTRUCTION. didn’t entertain drug use was because I al- some notable cases suicide) and increased ready had size, strength, speed and (a) UNITED STATES ANTI-DOPING AGENCY.— risk of developing heart disease, stroke and Nothing in this Act shall be construed to versatility by playing other sports. Sure, it some types of cancer. helps to start with ability, but I wouldn’t deem the United States Anti-Doping Agency I can’t recommend harming your body to an agent of or an actor on behalf of the have had the career I did if I didn’t listen to try to improve your athletic performance. the voices of baseball telling me to learn United States Government or impose any re- Those short-term goals can lead to long-term quirements or place any limitations on the how to play and make adjustments to grow physical, legal and career problems. and improve. United States Anti-Doping Agency. It’s frightening and dismaying to hear that When I entered the majors, I was not a pol- (b) MORE STRINGENT POLICIES.—Nothing in recent surveys by a national health-care pro- ished, consistent player. I wasn’t an All-Star this Act shall be construed to prohibit a provider indicate that nearly 1 million kids in until my fifth season, and certainly wasn’t a fessional sports league from adopting and en- America are using steroids and other sub- shoo-in for the Hall of Fame. It takes time forcing policies and procedures more strin- stances to improve their sports performance. gent than the requirements of this Act. You can gain a competitive advantage in so to integrate the knowledge, instincts, train- many other ways and not risk your health. ing, and experience as a player to become all SEC. 8. SENSE OF CONGRESS ON COORDINATION you can be; that’s called maturity. WITH THE UNITED STATES ANTI- Yes, there is an allure to participate and be DOPING AGENCY. successful in sports because of the adulation, I stress that you work to become a com- It is the sense of Congress that— the potential attractiveness to the opposite plete player. There is too much emphasis (1) the United States Anti-Doping Agency sex, scholarship opportunities and a possible today on only hitting the long ball; many is the Nation’s leading expert on testing for professional career, with all the money and feel that is the sure way to a large payday. and research on performance-enhancing sub- fame and security that go with that. But it Learn to play every part of the game well. stances and methods; and comes down to risk and reward, right and There are fewer five-tool players (who can (2) professional sports leagues should con- wrong—the values you live by. run, hit, hit for power, field and throw) than sult with and follow the recommendations How do you want to play your sport—clean ever; with a virtual elimination of infield and standards of the Agency in developing and fair, or by cheating with drugs? I live in practice before games, the ranks of those their testing policies and procedures. California, where our governor used steroids without strong arms and good gloves grow for years to compete in and win many every year. SEC. 9. SENSE OF CONGRESS ON PROFESSIONAL I hope the proceedings of the last few SPORTS RECORDS. bodybuilding championships. Today there are separate competitions for users and months—the first suspensions for steroid use It is the sense of Congress that the indi- nonusers. Baseball should be the same— in the major and minor leagues, with better vidual records of athletes achieved while where there are no drug users. regulation and enforcement—bring the game using performance-enhancing drugs should In the major leagues, when you approach back to the way it was meant to be played. be invalidated. the game incorrectly or illegally, you injure This is an issue that may test the char- SEC. 10. SENSE OF CONGRESS ON OTHER PRO- your health, reputation, family, fans, the acter of many, but think about your life and FESSIONAL SPORTS ORGANIZA- sport itself, and all the young people who TIONS. lifestyle. Drugs might help you for the short want to be just like you. term, but can you imagine anyone taking It is the sense of Congress that all profes- I played Major League Baseball a long them for 10 or 20 years? It may bring short sional sports organizations not covered by time, and left after the 1995 season. I heard term success, but no doubt a shorter life. this Act should adopt testing policies that back then that some people were using per- Choose a lifestyle of nutrition, fitness, dedi- meet the requirements of the Act. formance-enhancing drugs, but it was never cation and hard work in whatever you do. apparent or evident in the clubhouses I Don’t risk losing your health, career, reputa- [From the Los Angeles Times, Apr. 17, 2005] played in. tion, freedom or your life from dealing in il- BASEBALL NEEDS CLEANED-UP HITTERS Because people look for shortcuts to suc- legal drugs. It’s very simple. It’s not worth cess, I talked to my friends who succeeded (By Dave Winfield) it! the right way: Rickey Henderson, Don Mat- Performance-enhancing drugs in Major tingly, Eddie Murray, Tony Gwynn and Cal f League Baseball are the topic du jour, but Ripken Jr. They an achieved the heights of I’m writing this article primarily because I this game without performance-enhancing ADDITIONAL STATEMENTS have succeeded at the game without use of drugs. drugs. I have seen and heard many opinions, Henderson, the all-time stolen base leader, but few (if any) offered on having success said, ‘‘I advocate nutrition, flexibility and CONGRATULATING ALAMOGORDO, without performance-enhancing drugs. exercise.’’ NEW MEXICO The view from some in the Baseball Hall of He understood his speed, eyesight and pa- Fame is this: Acknowledging that no one is tience at the plate could help him become a ∑ Mr. BINGAMAN. Mr. President, I rise perfect, there is no one in the Hall of Fame great player. today to congratulate the city of

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7908 CONGRESSIONAL RECORD — SENATE July 1, 2005 Alamogordo, NM, for doing an out- Forst Hibler; Laura and Austin Harris; a training center that is now the model standing job in the All America City Major John Bryan; Elizabeth Upton; Ed for educating those who continue to Award competition. Alamogordo fin- Carr; Sharon Masters; Flori and fight for fairness and safety in the ished in the top 30, which is a great Raschal McElderry; Amanda Runnels; workplace. achievement considering it was their Shannon Flanagan; Penina Nunnelley; Sol Stetin was a legendary figure in first time in the competition. Tony Taylor; and Dr. Rodger and Judy Paterson, where you could often find The National Civic League, NCL, fo- Bates. him sitting in a diner or standing on a cuses its efforts on strengthening and I would also like to recognize other street corner, talking and meeting promoting community democracy by team members who were not able to with people who wanted to thank him bringing together all sectors of society make the trip to Atlanta, but whose for what he had done, or to seek his ad- in addressing common needs. The All hard, tireless work made the presen- vice. He truly was one of those rare America City Award, sponsored by the tation possible. Finally, I congratulate people who come along once in awhile NCL, recognizes that the basis of a each and every Alamogordo citizen on and make a real difference in other healthy democratic society is coopera- their efforts to build this model com- people’s lives. tion and participation of private citi- munity, and for setting an example Sol’s brother Irving Stetin was one of zens, government, voluntary organiza- that we can all look to for inspiration. my father’s closest friends when they tions and government. Those commu- I appreciate their efforts in rep- were young men. They both worked in nities that foster an environment resenting New Mexico on the on the na- the silk mills in Paterson long before where citizens can express their needs tional level as an example of civic unions were in place, and they suffered and concerns and articulate challenges pride and partnership in community from inadequate wages, no pay for holi- they face, and then bring together all improvement.∑ days off, no healthcare, and no com- of its resources to address those needs, f pensation for my mother when my fa- exemplify democracy at work. These THE PASSING OF SOL STETIN ther died at age 43. The cause of his political systems respond to the needs death was attributed to unsafe and of its citizens and in doing so, allow ∑ Mr. LAUNTENBERG. Mr. President, unhealthy working conditions in the them to focus on their pursuit of their I rise today to pay tribute to a man mill. American dream. Alamogordo should who dedicated his life to the working A powerful lifetime impression was take pride in the fact that they foster men and women of New Jersey and the created for me as I lived through those this environment in their community. entire country, Sol Stetin. Sol passed dreadful days with my mother and my As the Alamogordo All America City away a few weeks ago, right after his 95 little sister. I learned first-hand, the award application mentions, the com- birthday. For many of those years he hard way, about the things working munity’s efforts in three specific areas, was a dear friend to me and my family. people need for their well-being and a water conservation, economic develop- My family and I, and millions of others decent quality of life. Those memories ment and healthy youth, attest to the who knew Sol by name or reputation, will always be with me and they serve community’s strength and spirit of co- will miss him very much. as a guide for my decisions, not with- operation. The success of Alamogordo’s From the time since Sol’s family ar- standing my good fortune as an execu- water conservation efforts is truly a rived at Ellis Island in 1921, when he tive in a very successful business. model for the State, decreasing usage was just 10 years old, Sol worked hard Because of the tireless work of Sol from 6.61 million gallons per day in 2000 to help his father provide for their fam- Stetin and his colleagues in the early to 4.82 million gallons per day in 2003, ily. At 16, Sol went into business for days of the labor movement, what hap- even while experiencing population himself delivering newspapers. He even pened to my father is no longer the growth. The community-wide efforts to employed several other young men to rule, but the exception. develop the local economy, and create help him. Sol was also a caddy at a Sol Stetin’s family came to America jobs have been a tremendous success, local gold club and an amateur boxer. in search of a better life. Then Sol leading not only to new jobs, but to Sol grew up on the streets of dedicated himself to helping other peo- multiplier effects in healthcare, com- Paterson, NJ, which is my home town. ple in that same search. Sol dedicated munity charitable giving and edu- Back then, Paterson was a blue collar himself to giving something back to cation. The third area of focusing on mill town where the people worked this country we love so much. For that, healthy youth is exemplified in the hard, often under extremely dangerous each and every American should be as skateboard park, which provides safe conditions. Like my own father, Sol grateful to him as I am. took a job as a dye worker in a silk recreation alternatives for 12,600 kids Sol Stetin lived a long life. But more mill. In 1932, the workers declared a each year. important, he lived a good life, devoted strike at the mill and although Sol’s Further, the community of to helping others. We mourn his pass- job remained safe, he joined those Alamogordo actively encourages basic ing, but we celebrate his tremendous struggling workers and helped to lead and necessary democratic practices— accomplishments on behalf of so many their effort, ultimately becoming one encouraging citizens to take active working men and women and their of the organizers. roles in articulating and resolving families and the country. We will miss After that first strike on behalf of community issues, encouraging effec- him.∑ tive and efficient local government, the hard-working men at that Paterson and harnessing local philanthropic and silk mill, Sol Stetin decided to dedi- f volunteer resources with the end goal cate his life to defending the rights of of cooperating and building consensus, those who worked so hard to keep their reinvigorating the community’s vision families fed, housed, and clothed. Sol MEASURES REFERRED for itself, facilitating intergroup rela- began his career in the labor movement The following bill was read the first tions, sharing information in the com- and quickly became one of the most re- and the second times by unanimous munity, and inspiring community spected advocates for the workers in consent, and referred as indicated: pride. this country, rising through the ranks H.R. 3130. An act making supplemental ap- The hard work and dedication of a to become a member of the executive propriations for fiscal year 2005 for veterans handful of notable public servants who council of the AFL–CIO and the Vice medical services; to the Committee on Ap- acted as delegates for the presentation, President of the Amalgamated Cloth- propriations. and contributed to this tremendous ing and Textile Workers Union. The following bill was discharged success include: Joan Griggs; Anne Ro- Sol knew how important it was to from the Committee on the Judiciary mero; Gwen McCourt; Don and Rose- preserve and teach the history of the by unanimous consent, and referred as marie Carroll; Maureen Schmittle; Inez labor movement so he was one of the indicated: Moncada; Donald Cooper; Susan Flores; founders of the American Labor Mu- S. 759. A bill to amend the Internal Rev- Sharon and Al Hodges; Kory Guerra; seum-Botto House National Landmark enue Code of 1986 to make higher education Phillip Flores; Peter Madrid; Tammie in Haledon, NJ. As president of the Mu- more affordable, and for other purposes; to and Ana Reynolds; Elva Oesterreich; seum, he was instrumental in creating the Committee on Finance.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7909 MEASURES PLACED ON THE SUBMISSION OF CONCURRENT AND ADDITIONAL COSPONSORS CALENDAR SENATE RESOLUTIONS S. 27 The following bill was read the sec- The following concurrent resolutions At the request of Mrs. HUTCHISON, the ond time, and placed on the calendar: and Senate resolutions were read, and name of the Senator from Florida (Mr. H.R. 366, An act to amend the Carl D. Per- referred (or acted upon), as indicated: MARTINEZ) was added as a cosponsor of kins Vocational and Technical Education By Mr. BROWNBACK (for himself, Mr. S. 27, a bill to amend the Internal Rev- Act of 1998 to strengthen and improve pro- CORZINE, Mr. COBURN, Mr. DEWINE, enue Code of 1986 to make permanent grams under that Act. Mr. DURBIN, Mr. KERRY, and Mr. the deduction of State and local gen- f SALAZAR): eral sales taxes. S. Res. 186. A resolution affirming the im- S. 39 MEASURES READ THE FIRST TIME portance of a national weekend of prayer for At the request of Mr. STEVENS, the the victims of genocide and crimes against The following bill was read the first name of the Senator from Mississippi time: humanity in Darfur, Sudan, and expressing the sense of the Senate that July 15 through (Mr. COCHRAN) was added as a cospon- H.R. 748. An act to amend title 18, United July 17, 2005, should be designated as a na- sor of S. 39, a bill to establish a coordi- States Code, to prevent the transportation of tional weekend of prayer and reflection for nated national ocean exploration pro- minors in circumvention of certain laws re- the people of Darfur; considered and agreed lating to abortion, and for other purposes. gram within the National Oceanic and to. Atmospheric Administration. f By Mr. LOTT (for himself, Mr. DODD, S. 78 and Mr. FRIST): REPORTS OF COMMITTEES At the request of Mrs. HUTCHISON, the S. Res. 187. A resolution authorizing the The following reports of committees taking of video images in the Chamber of the name of the Senator from Florida (Mr. were submitted: United States Senate; considered and agreed MARTINEZ) was added as a cosponsor of By Mr. INHOFE, from the Committee on to. S. 78, a bill to make permanent mar- Environment and Public Works, with an By Mr. FRIST (for himself and Mr. riage penalty relief. amendment in the nature of a substitute: REID): S. 183 S. 864. A bill to amend the Atomic Energy S. Res. 188. A resolution to authorize rep- At the request of Mr. GRASSLEY, the Act of 1954 to modify provisions relating to resentation by the Senate Legal Counsel in name of the Senator from Florida (Mr. the case of LaFreniere v. Congress of the nuclear safety and security, and for other NELSON) was added as a cosponsor of S. United States; considered and agreed to. purposes (Rept. No. 109–98). 183, a bill to amend title XIX of the So- S. 865. A bill to amend the Atomic Energy By Mr. SMITH (for himself and Mrs. Act of 1954 to reauthorize the Price-Anderson DOLE): cial Security Act to provide families of provisions (Rept. No. 109–99). S. Res. 189. A resolution congratulating disabled children with the opportunity S. 858. A bill to reauthorize Nuclear Regu- Michael Campbell for his victory in the U.S. to purchase coverage under the med- latory Commission user fees, and for other Open golf tournament and celebrating the re- icaid program for such children, and purposes (Rept. No. 109–100). lationship between the United States and for other purposes. f New Zealand; considered and agreed to. S. 313 By Mr. SALAZAR (for himself and Mr. At the request of Mr. LUGAR, the INTRODUCTION OF BILLS AND ALLARD): name of the Senator from Maryland JOINT RESOLUTIONS S. Res. 190. A bill recognizing the 100th an- (Ms. MIKULSKI) was added as a cospon- The following bills and joint resolu- niversary of Mesa Verde National Park; considered and agreed to. sor of S. 313, a bill to improve authori- tions were introduced, read the first By Mr. FRIST (for himself, Mr. REID, ties to address urgent nonproliferation and second times by unanimous con- Mr. MCCAIN, Mr. KYL, Mr. AKAKA, Mr. crises and United States nonprolifera- sent, and referred as indicated: ALEXANDER, Mr. ALLARD, Mr. ALLEN, tion operations. Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, By Mr. SPECTER (for himself and Mr. S. 558 LEAHY): Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, At the request of Mr. REID, the S. 1368. A bill to extend the existence of Mrs. BOXER, Mr. BROWNBACK, Mr. the Parole Commission, and for other pur- BUNNING, Mr. BURNS, Mr. BURR, Mr. names of the Senator from Michigan poses; considered and passed. BYRD, Ms. CANTWELL, Mr. CARPER, (Mr. LEVIN) and the Senator from By Mr. TALENT (for himself, Mr. Mr. CHAFEE, Mr. CHAMBLISS, Mrs. Maine (Ms. SNOWE) were added as co- DODD, Mr. ALEXANDER, Mrs. CLINTON, CLINTON, Mr. COBURN, Mr. COCHRAN, sponsors of S. 558, a bill to amend title Mr. COCHRAN, Ms. COLLINS, Mr. COLE- Mr. COLEMAN, Ms. COLLINS, Mr. 10, United States Code, to permit cer- MAN, Mrs. DOLE, Mr. DEWINE, Mr. CONRAD, Mr. CORNYN, Mr. CORZINE, tain additional retired members of the GRAHAM, Mr. KERRY, Mr. KYL, Ms. Mr. CRAIG, Mr. CRAPO, Mr. DAYTON, Armed Forces who have a service-con- Mr. DEMINT, Mr. DEWINE, Mr. DODD, LANDRIEU, Mr. NELSON of Florida, Mr. nected disability to receive both dis- LOTT, Mr. SANTORUM, Mr. SCHUMER, Mrs. DOLE, Mr. DOMENICI, Mr. DOR- ability compensation from the Depart- Mr. MARTINEZ, Mr. SUNUNU, Ms. GAN, Mr. DURBIN, Mr. ENSIGN, Mr. SNOWE, Mr. SMITH, and Mr. MCCON- ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, ment of Veterans Affairs for their dis- NELL): Mr. GRAHAM, Mr. GRASSLEY, Mr. ability and either retired pay by reason S. 1369. A bill to establish an Unsolved GREGG, Mr. HAGEL, Mr. HARKIN, Mr. of their years of military service or Crimes Section in the Civil Rights Division HATCH, Mrs. HUTCHISON, Mr. INHOFE, Combat-Related Special compensation of the Department of Justice; to the Com- Mr. INOUYE, Mr. ISAKSON, Mr. JEF- and to eliminate the phase-in period mittee on the Judiciary. FORDS, Mr. JOHNSON, Mr. KENNEDY, under current law with respect to such Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, By Mr. BENNETT (for himself, Mr. concurrent receipt. CONRAD, and Mr. BYRD): Mr. LAUTENBERG, Mr. LEAHY, Mr. S. 1370. A bill to provide for the protection LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, S. 627 of the flag of the United States, and for Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, At the request of Mr. BAUCUS, the other purposes; to the Committee on the Ju- Mr. MCCONNELL, Ms. MIKULSKI, Ms. name of the Senator from North Da- diciary. MURKOWSKI, Mrs. MURRAY, Mr. NEL- kota (Mr. DORGAN) was added as a co- By Mr. FEINGOLD (for himself, Ms. SON of Florida, Mr. NELSON of Ne- sponsor of S. 627, a bill to amend the braska, Mr. OBAMA, Mr. PRYOR, Mr. COLLINS, and Mr. DODD): Internal Revenue Code of 1986 to per- S. 1371. A bill to extend the termination REED, Mr. ROBERTS, Mr. ROCKE- date of Office of the Special Inspector Gen- FELLER, Mr. SALAZAR, Mr. SANTORUM, manently extend the research credit, eral of Iraq Reconstruction and provide addi- Mr. SARBANES, Mr. SCHUMER, Mr. to increase the rates of the alternative tional funds for the Office, and for other pur- SESSIONS, Mr. SHELBY, Mr. SMITH, incremental credit, and to provide an poses; to the Committee on Foreign Rela- Ms. SNOWE, Mr. SPECTER, Ms. alternative simplified credit for quali- tions. STABENOW, Mr. STEVENS, Mr. SUNUNU, fied research expenses. Mr. TALENT, Mr. THOMAS, Mr. THUNE, By Mr. BURNS (for himself, Ms. S. 642 SNOWE, Mr. MARTINEZ, and Mr. Mr. VITTER, Mr. VOINOVICH, Mr. WAR- At the request of Mr. FRIST, the ALLEN): NER, and Mr. WYDEN): S. 1372. A bill to provide for the accuracy S. Res. 191. A resolution honoring Asso- name of the Senator from Missouri of television ratings services, and for other ciate Justice of the Supreme Court of the (Mr. BOND) was added as a cosponsor of purposes; to the Committee on Commerce, United States Sandra Day O’Connor; consid- S. 642, a bill to support certain na- Science, and Transportation. ered and agreed to. tional youth organizations, including

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7910 CONGRESSIONAL RECORD — SENATE July 1, 2005 the Boy Scouts of America, and for from Mississippi (Mr. LOTT) were added Chaney, Michael Schwerner, and An- other purposes. as cosponsors of S. 1313, a bill to pro- drew Goodman—the three civil rights S. 853 tect homes, small businesses, and other workers who were shot to death by At the request of Mr. LUGAR, the private property rights, by limiting the former Ku Klux Klansman Edgar Ray name of the Senator from Texas (Mrs. power of eminent domain. Killen. Forty-one years later, thanks HUTCHISON) was added as a cosponsor of S. 1317 to the efforts of the victims’ families, S. 853, a bill to direct the Secretary of At the request of Mr. HAGEL, his Mississippi State officials, and many State to establish a program to bolster name was added as a cosponsor of S. others who would not let this crime go the mutual security and safety of the 1317, a bill to provide for the collection unpunished, Killen sits in solitary con- United States, Canada, and Mexico, and maintenance of cord blood units finement in a State prison outside and for other purposes. for the treatment of patients and re- Jackson, Mississippi, right where he belongs. S. 1010 search, and to amend the Public Health Justice will not be denied. And the At the request of Mr. SANTORUM, the Service Act to authorize the Bone Mar- Unsolved Civil Rights Crime Act will name of the Senator from Minnesota row and Cord Blood Cell Transplan- see to it that others like Edgar Ray (Mr. DAYTON) was added as a cosponsor tation Program to increase the number Killen are punished for their crimes. It of S. 1010, a bill to amend title XVIII of of transplants for recipients suitable will pour new resources into the inves- the Social Security Act to improve pa- matched to donors of bone marrow and tigations of other unsolved cases—like tient access to, and utilization of, the cord blood. that of 14-year old Emmett Till, who colorectal cancer screening benefit S. 1321 was kidnapped and murdered in 1955. under the Medicare Program. At the request of Mr. SANTORUM, the Recently, the Senate apologized for S. 1014 name of the Senator from Virginia (Mr. the failure of earlier Senators to enact At the request of Ms. SNOWE, the ALLEN) was added as a cosponsor of S. federal antilynching legislation in the name of the Senator from Minnesota 1321, a bill to amend the Internal Rev- 1930s and 1940s. In discussing that reso- (Mr. COLEMAN) was added as a cospon- enue Code of 1986 to repeal the excise lution, I reminded my colleagues of sor of S. 1014, a bill to provide addi- tax on telephone and other commu- how often we as a Nation have failed to tional relief for small business owners nications. live up to our great ideals. But usually ordered to active duty as members of S.J. RES. 19 when we have failed, we have recog- reserve components of the Armed At the request of Mr. BROWNBACK, the nized that failure and recommitted Forces, and for other purposes. name of the Senator from Mississippi ourselves to those ideals and reached S. 1153 (Mr. LOTT) was added as a cosponsor of for them again. We did not simply ac- At the request of Mr. BUNNING, the S.J. Res. 19, a joint resolution calling knowledge our failure and give up—we name of the Senator from Wyoming upon the President to issue a procla- took action to correct our short- (Mr. ENZI) was added as a cosponsor of mation recognizing the 30th anniver- comings. We abolished slavery. We S. 1153, a bill to provide Federal finan- sary of the Helsinki Final Act. granted women the right to vote. We cial incentives for deployment of ad- f desegregated our schools. Here, with vanced coal-based generation tech- this bill, we take action once more. STATEMENTS ON INTRODUCED nologies. Actions speak louder than words. If BILLS AND JOINT RESOLUTIONS S. 1158 the Edgar Ray Killen conviction is any By Mr. TALENT (for himself, Mr. At the request of Mr. KENNEDY, the indication, then the action we would names of the Senator from Washington DODD, Mr. ALEXANDER, Mrs. take by passing this bill would speak CLINTON, Mr. COCHRAN, Ms. COL- (Ms. CANTWELL) and the Senator from very loudly indeed. When Killen was LINS, Mr. COLEMAN, Mrs. DOLE, Hawaii (Mr. INOUYE) were added as co- convicted, the Nashville City Paper ran sponsors of S. 1158, a bill to impose a 6- Mr. DEWINE, Mr. GRAHAM, Mr. an editorial, which I will include in full month moratorium on terminations of KERRY, Mr. KYL, Ms. LANDRIEU, following my remarks, that summed up certain plans instituted under section Mr. NELSON of Florida, Mr. just why taking action is so important. 4042 of the Employee Retirement In- LOTT, Mr. SANTORUM, Mr. SCHU- The editorial concluded, ‘‘As long as come Security Act of 1974 in cases in MER, Mr. MARTINEZ, Mr. Civil Rights era killers are still alive which reorganization of contributing SUNUNU, Ms. SNOWE, Mr. SMITH, and free, justice has not yet been fully sponsors is sought in bankruptcy or in- and Mr. MCCONNELL): served. Hunting them down and bring- solvency proceedings. S. 1369. A bill to establish an Un- ing them to account for their actions is solved Crimes Section in the Civil far and away the best apology any of us S. 1265 Rights Division of the Department of can make for their crimes.’’ At the request of Mr. VOINOVICH, the Justice; to the Committee on the Judi- Today, we do not merely rest on names of the Senator from Michigan ciary. words of apology—we take action. (Mr. LEVIN), the Senator from Colorado Mr. ALEXANDER. Mr. President, I When it comes to questions of civil (Mr. SALAZAR) and the Senator from join the Senators from Missouri and rights that has always been what I Alaska (Ms. MURKOWSKI) were added as Connecticut in introducing the Un- have tried to do. In 1962 when I was the cosponsors of S. 1265, a bill to make solved Civil Rights Crime Act. I do so student newspaper editor, Vanderbilt grants and loans available to States because I believe that this legislation University’s undergraduate school was and other organizations to strengthen takes the right approach when dealing segregated. I could have apologized for the economy, public health, and envi- with the wrongs of our past. It takes the actions of the board of trust; in- ronment of the United States by reduc- action. It takes positive steps forward stead, I helped integrate the school. As ing emissions from diesel engines. to correct injustices. It recommits us Governor and President of the Univer- S. 1287 to one of our highest ideals as Ameri- sity of Tennessee, instead of apolo- At the request of Mr. COLEMAN, the cans—that justice will not be denied. gizing for my predecessors, I appointed name of the Senator from Kentucky Specifically, the bill creates a new the first African American Supreme (Mr. BUNNING) was added as a cosponsor office within the Department of Justice Court Justice and university vice- of S. 1287, a bill to amend the definition Civil Rights Division specifically presidents. Instead of apologizing for of independent student for purposes of tasked to investigate ‘‘cold case’’ mur- Tennessee legislatures that had refused the need analysis in the Higher Edu- ders from the civil rights era. It will to enact the Martin Luther King Holi- cation Act of 1965 to include older commit the resources of the Depart- day, I helped make it law. I did not adopted students. ment of Justice to work in conjunction think it was effective merely to apolo- S. 1313 with State and local law enforcement gize for what others had failed to do. At the request of Mr. CORNYN, the to aggressively prosecute criminals in America is a work in progress. If we names of the Senator from Georgia those cases. were to apologize for every failure to (Mr. ISAKSON), the Senator from South The Unsolved Civil Rights Crime Act reach our lofty goals, there would be Dakota (Mr. THUNE) and the Senator might well be named in honor of James no end to it.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7911 I believe it is better to look forward half of myself and Senator CONRAD that polls, 80 percent of the people of Utah and take action rather than look back- has to do with the desecration of the are in favor of a constitutional amend- ward and apologize for others. I believe flag. All of us are angered when we see ment with respect to the flag, and this bill does just that. Passing this someone burn or otherwise desecrate something like 60 percent of them con- bill today hopefully means that tomor- the American flag, and I believe it is sider it a voting issue. That is, they row one more unsolved case is opened; appropriate that we take such steps as would be more likely to vote against a one more criminal is brought to jus- are appropriate to deal with such dese- candidate who voted against the flag tice; one more family can find peace. cration. amendment than they would to vote Justice delayed is justice denied. Over the years I have been in the for him. We talked about it, and he This bill will help make sure that jus- Senate, I have opposed amending the said: What are you going to do? I said: tice will be delayed no longer. And it is Constitution to deal with this issue for Regardless of the poll numbers, I am for that reason that I am proud to join two reasons. First, there are not that going to vote against the amendment. my colleagues in cosponsoring the Un- many cases of flag desecration for us to He laughed a little and he said: That is solved Civil Rights Crime Act. see as we look around the country. And what I thought. I think it will stand I ask unanimous consent that the ar- I am reluctant to amend the Constitu- you in good stead with your constitu- ticle I referenced earlier be printed in tion to deal with a non-problem. Flag ents who will respect your courage the RECORD. desecration hit its peak during the even if they do not agree with your po- There being no objection, the article Vietnam years, but it has virtually dis- sition. was ordered to be printed in the appeared now and occurs, ironically, I was grateful for those words of en- RECORD, as follows: only when debate about amending the couragement, and I am happy to report [From the (Nashville) City Paper, Jun. 28, Constitution becomes a subject of pub- that has happened. 2005] lic discourse. We seem to stimulate I ask unanimous consent that at the PUNISHING MEN LIKE KILLEN BEST POSSIBLE flag desecration when we have the de- end of my statement, two editorials be APOLOGY bate on amending the Constitution printed in the RECORD from Utah’s two For most of early June, a heated debate with respect to it. newspapers with the highest circula- raged in this country over whether the U.S. So for that reason, I have consist- tion, the Salt Lake Tribune and the Senate acted properly in apologizing for fail- ently opposed a constitutional amending to pass a federal anti-lynching law. Much Deseret Morning News. of the criticism was directed at Sen. Lamar ment on desecration of the flag. The ACTING PRESIDENT pro tem- Alexander, who declined to co-sponsor the However, as I have studied the mat- pore. Without objection, it is so or- resolution. ter and spent time with the legal ex- dered. It is hard to dispute that the federal gov- perts at the Congressional Research (See Exhibit 1.) ernment should have acted sooner to protect Service over at the Library of Con- Mr. BENNETT. The Salt Lake Trib- the rights of all Americans during the Civil gress, I have found that there are une editorial makes this comment: Rights struggle. There was certainly no things that can be done with respect to If respect for something has to be required harm in the Senate acknowledging its prede- flag desecration that also establish our cessors’ institutional failure in this matter. by law, then it isn’t respect. If regard for a As Alexander and others pointed out, how- reverence for the flag, but do not re- symbol of freedom has to be imposed by ever, an apology on behalf of long-dead third quire a constitutional amendment. carving a hole out of our basic charter of parties, whatever their failures, is ulti- I have introduced this legislation be- rights, then it isn’t freedom. mately a gesture. This is not the case with fore. It has not progressed in the con- And it concludes with this sentence: the conviction of Edgar Ray Killen in Phila- gressional process to the opportunity The rare act of torching an American flag delphia, Miss. for a vote, and I am not sure it will is one of two things: pointless or meaningful. Almost 41 years to the day after three Civil this time. But I wish to make it clear If it is pointless, the worst it could be called Rights workers were set up by law enforce- to my constituents and to others who is vandalism, and should be treated as such. ment officers and brutally murdered by If it is meaningful, even full of meaning we Klansmen, a Mississippi jury convicted have concern about this problem that my objection to a constitutional don’t like, then it is and must remain con- Killen, one of the crime’s organizers, of three stitutionally protected expression. counts of manslaughter. In doing so, the amendment should not be construed as state of Mississippi did what it should have demonstrating indifference to the issue Now turning to the editorial from the done long ago: It fixed personal responsi- of reverence for the flag. Deseret Morning News, the lead para- bility for this hideous act on one of the per- Senator CONRAD has joined me on graph there says: petrators, as it took responsibility for seeing this occasion as he has at previous Once again, the House of Representatives justice done. has passed a constitutional amendment to As author Robert Heinlein once observed, times when this legislation has been introduced, and I am happy to have protect the American flag from desecration. ‘‘It is impossible to shift blame, share blame, This is an annual event almost as predict- distribute blame . . . as blame, guilt, respon- him as an original co-sponsor on the able as the swallows returning to Capistrano. sibility are matters taking place inside bill at this time. So, too, is the Senate’s annual ritual of not human beings singly and nowhere else.’’ By Mr. BYRD. Mr. President, will the passing it. prosecuting and convicting Edgar Ray distinguished Senator yield? They conclude with this comment Killen, the state of Mississippi did more than Mr. BENNETT. I will be happy to simply make a gesture shifting the responsi- which I am happy to include in the yield. record because it says nice things bility to past state leaders. As certainly as Mr. BYRD. I wish to associate myself about me. We always like comments the verdict put some of the responsibility for with the remarks of the distinguished the murders on Killen, it also demonstrated that do that. It says: the acceptance by individual Mississippians Senator, and I would appreciate if he would add my name as a co-sponsor. One of the Senate votes against it belongs of the guilt and blame, not for the murders, to Utah Senator Bob Bennett, who normally but for the 41-year wait for justice. Mr. BENNETT. Mr. President, I am agrees with much that Senator Hatch sup- The task is not yet finished. As long as happy to ask unanimous consent that ports. He has said he is unwilling to overturn Civil Rights era killers are still alive and the honorable Senator from West Vir- 200 years of tradition in regard to the First free, justice has not yet been fully served. ginia be added as an original co-spon- Amendment. Hunting them down and bringing them to ac- sor to the bill. He’s right. The Constitution is no place for count for their actions is far and away the The ACTING PRESIDENT pro tem- feel-good amendments that do nothing but best possible apology any of us can make for restrict freedoms. their crimes. pore. Without objection, it is so ordered. Finally, Mr. President, I share with By Mr. BENNETT (for himself, Mr. BENNETT. I have been inter- you the comment that I have had from Mr. CONRAD, and Mr. BYRD): ested at the reaction that has come one of my colleagues also, and I will S. 1370. A bill to provide for the pro- from my constituents as I have held not speak directly for him but asso- tection of the flag of the United States, this position over the years. I remem- ciate myself with the line. He said: and for other purposes; to the Com- ber a conversation with Utah’s most When my Senate career is over, I don’t mittee on the Judiciary. respected pollster just before I cast my want the most important constitu- Mr. BENNETT. Mr. President, I rise first vote against the flag amendment. tional vote that I have cast to be one today to introduce legislation on be- He said: Senator, according to my that weakens the first amendment.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7912 CONGRESSIONAL RECORD — SENATE July 1, 2005 I ask unanimous consent the text of HATCH, it would be almost assured of ratifi- things to many Americans—our Na- the bill be printed in the RECORD. cation by the states. All 50 states already tion, our independence, our principles, The ACTING PRESIDENT pro tem- have resolutions calling for it to pass. and our sacrifices, among other things. One of the Senate votes against it belongs pore. The Senator from Texas. to Utah Sen. BOB BENNETT, who normally To some of our brave servicemen and Mr. CORNYN. I thank the Chair. I am agrees with much that HATCH supports. He women who fought for this country, glad to be here in the Chamber during has said he is unwilling to overturn 200 years the flag symbolizes our freedom. To the remarks of the Senator from Utah of tradition in regard to the First Amend- others, including parents of soldiers and have him explain for all of our ben- ment. killed in battle, the flag is symbolic of efit his position on important issues He’s right. The Constitution is no place for all Americans who gave their lives in such as flag desecration. While I think feel-good amendments that do nothing but restrict freedoms. all wars. some of us differ about the means to I have the utmost respect for the flag the end, I think the end is important, [From the Salt Lake Tribune, Jun. 24, 2005] as a symbol of our Nation and our free- and that is protecting the symbol of FLAG DESECRATION: AMENDMENT WOULD dom, and abhor acts of desecration our country and the symbol of our free- LIMIT THE RIGHTS THAT THE FLAG SYMBOL- against it. Burning a flag, or otherwise dom. For myself, I think if we can offer IZES dishonoring it, is repugnant to me, my protection to a symbol of our country If respect for something has to be required colleagues, and the brave men and like the bald eagle, then we should by law, then it isn’t respect. If regard for a women who serve and have served in offer protection to other symbols of symbol of freedom has to be imposed by the Armed Forces, as well as the vast our country including our flag. But I carving a hole out of our basic charter of majority of American citizens. We rights, then it isn’t freedom. always consider Senator BENNETT to be We sympathize with those whose eyes must protect the flag from the acts of one of the wise men in the Senate, and water, fists clench or guts churn whenever those few who would dishonor it. I certainly defer to his great judgment they see someone destroying an American That is why I am joining Senator and wisdom. I appreciate his introduc- flag. It is generally a juvenile act by some- BENNETT today in introducing the Flag tion today, and I look forward to one who just wants to attract attention by Protection Act of 2005, to criminalize studying it more closely. shocking the straights. flag desecration. While other flag pro- But living in a free nation requires putting EXHIBIT 1 tection statutes have been found to be up with a lot of attention-getting behavior, [From the Deseret Morning News, Jun. 24, especially the kind that neither breaks our unconstitutional, this bill was care- 2005] arm nor picks our pocket. fully crafted to avoid the problems of DUMP THE FLAG AMENDMENT Thus much praise is due Utah’s Sen. Rob- previous statutes. In fact, the Amer- Once again, the House of Representatives ert Bennett and Rep. Jim Matheson for ican Law Division of the Congressional has passed a constitutional amendment to showing the political maturity to again op- Research Service has studied it and be- protect the American flag from desecration. pose a proposed constitutional amendment lieves it would pass Constitutional This is an annual event almost as predict- that would allow Congress to ‘‘prohibit the muster. physical desecration of the flag of the United able as the swallows returning to Capistrano. It is my hope that we can act quickly So, too, is the Senate’s annual ritual of not States.’’ passing it. That amendment passed the House to protect the flag. This bill will ac- This year, there is reason to think the Sen- Wednesday, with Utah Reps. Chris Cannon complish that goal, and I ask my col- ate may be inching closer to passing it, and and Rob Bishop in the 286–130 majority. It leagues to give it serious consider- that’s a concern. now goes to the Senate, where Utah’s Orrin ation. Few things are as reprehensible as watch- Hatch will again push for its passage. ing someone protest the government by It is sad to see Hatch, who has been show- By Mr. BURNS (for himself, Ms. ing some wisdom born of soul-searching on burning the flag. Particularly at a time SNOWE, Mr. MARTINEZ, and Mr. when the nation is involved in a military issues such as immigration reform and stem- cell research, still clinging to this rote re- ALLEN): conflict, it is a stunning affront to brave S. 1372. A bill to provide for the accu- men and women who are sacrificing their all sponse to a problem that doesn’t exist and for freedom. wouldn’t need solving if it did. racy of television ratings services, and But it would be wrong to rewrite the Con- For one thing, the amendment is rep- for other purposes; to the Committee stitution to equate a forced honoring of the resented as a simple patriotic statement. on Commerce, Science, and Transpor- flag with other freedoms guaranteed by the But the fact is that it would, if passed, by tation. Bill of Rights. As upsetting as it is, flag two-thirds of the Senate and ratified by Mr. BURNS. Mr. President. I rise to burning is a form of expression every bit as three-fourths of the states, become a field introduce the FAIR Ratings bill. I am day for anti-anything activists, smarty- much as flag waving. And a nation that at- pleased to be joined in introducing this tributes part of its greatness to its willing- pants lawyers and activist judges. bill by my colleagues, Senators MAR- ness to tolerate dissent and protest can’t af- By one definition of the word, to ‘‘dese- ford to stifle this type of speech. crate’’ is to defile a sacred object. Sacred is TINEZ, SNOWE, and ALLEN. Flag burning—an occurrence so rare most a religious, not a civil, term. Thus it could As a former broadcaster, I under- Americans would be hard-pressed to pinpoint be argued that it is etymologically impos- stand that when TV stations plan their the last time they saw it—would not dis- sible to ‘‘desecrate’’ a symbol of an earthly programming, they and their adver- appear because of an amendment. Chances nation. tisers must rely on the information The other meaning of the word is basically are, it would become more prevalent, out of provided by commercial TV ratings some misguided attempt to stand on prin- to treat something with disrespect. That would including burning and soiling. But companies. And it is vital that this ciple. That would harm public morale at an data be as accurate, fair, and inclusive important point in history, and the pride would it also include the woman who just many Americans feel in their ability to tol- the other day wore a flag-patterned bikini as possible, because TV ratings ulti- erate free speech would feel more hollow. top to frolic in the Olympic fountain at the mately determine what programming Besides, an amendment would raise a num- Gateway? ends up on the air. They also help ber of troubling questions that surely would The rare act of torching an American flag broadcasters to meet their public inter- be tested by 1 the nation’s detractors. Would is one of two things: pointless or meaningful. If it is pointless, the worst it could be called est obligations. For these reasons, I it be illegal to desecrate something that was feel that it is very much in the public almost a flag? For instance, if protesters cre- is vandalism, and should be treated as such. If it is meaningful, even full of meaning we interest for TV ratings to be fair, accu- ate something that looks like the flag but rate, and as fully representative of the has less than 50 stars, could they be punished don’t like, then it is, and must remain, con- for burning it? And what about hanging the stitutionally protected expression. population as possible. flag upside down or in other ways considered Mr. CONRAD. Mr. President, as we The dominant company that provides disrespectful? A lot of clothes these days, prepare to celebrate our Nation’s inde- TV ratings, and has done so for the last from hats to T-shirts to blue jeans, contain pendence this weekend, many familiar 50 years, is Nielsen Media Research. images of the flag. Would these, too, be cov- images come to my mind: fireworks, Nielsen is a great company and a great ered under the amendment? Would they, family, celebration, community, pa- American institution—no doubt about themselves, be illegal? rades, apple pie and everything Amer- it. The innovation that Nielsen showed Courts would be kept busy for decades answering these and other questions. ican. Above all, I think of the flag on in its early years, and continues to This is the sixth time the flag amendment the Fourth of July. show today in other ways, show that has passed the House. Should it pass the Sen- The American flag is a powerful sym- its leading role in the field is well-de- ate, where its sponsor is Utah Sen. ORRIN bol in this country. It represents many served.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7913 Our friends from Nielsen may have general. There is no public interest in Further, there is no government role already spoken to many of you about which channel gets higher or lower rat- whatsoever envisioned in this bill. It this bill, and let me assure you up ings, so long as the measurement is ac- does not create any new government front that this is not a bill ‘‘against’’ curate. standards, regulation, or bureaucracy: Nielsen. It would apply to any other But in certain cases, in four of our the oversight will be carried out by a company or new technology whose rat- largest cities last year, it was not. It private, self-governing, industry body ings service determines what we see on turns out that, since the meters oper- that has already been operating for 40 TV. But Nielsen will definitely be the ate differently from the diary system, years. most affected party if the bill passes, there were flaws in the measurement of So, I hope we can all agree that accu- so let me characterize this instead as a the underlying data by demographic rate TV ratings are in the public inter- bill to keep Nielsen honest and ac- group, due to higher ‘‘fault rates’’ est. I hope we can all agree that pri- countable to its customers, and to the among certain groups: African-Ameri- vate industry oversight, by the entity public. cans, Hispanics, younger viewers, larg- set up by Congress 40 years ago, is the Because Nielsen today is pretty close er families, and certain others. best way to ensure that. And if we can, to being a monopoly, any way you look And here is where the Media Rating I hope all of my colleagues in the Sen- at it. A private, unregulated monopoly Council came in. They had audited the ate will support this bill, on behalf of provider of an essential public service. data and examined the people meter all television viewers throughout the And as basic economics and everyday system in certain cities in advance, in United States. practice show, monopolies have the a trial period, and identified these f ability to abuse their power, because problems. And they told Nielsen about SUBMITTED RESOLUTIONS they are not constrained by competi- them in advance. And they told Nielsen tion—there is nowhere else for a TV that the undercounting should be fixed station or advertiser to go if they don’t before it sold the data from this system SENATE RESOLUTION 186—AFFIRM- like what they get or how they are commercially. ING THE IMPORTANCE OF A NA- treated. Barriers to entry are pretty And what did Nielsen do? It effec- TIONAL WEEKEND OF PRAYER high in that business—it is not simple tively ignored the MRC’s prior find- FOR THE VICTIMS OF GENOCIDE or cheap to set up a nationwide TV ratings. It said it would work to fix the AND CRIMES AGAINST HUMAN- ings service. system while it was already ‘‘live’’ and ITY IN DARFUR, SUDAN, AND EX- And that monopoly power has been producing real TV ratings—with those PRESSING THE SENSE OF THE abused in the past. Forty years ago or flaws—and would continue to roll out SENATE THAT JULY 15 THROUGH so, there were a couple of nationwide the new technology in other cities be- JULY 17, 2005, SHOULD BE DES- scandals about TV ratings. I remember fore the problems were fixed in the old IGNATED AS A NATIONAL WEEK- that well, and some of you may even ones. END OF PRAYER AND REFLEC- have seen the movie. Payola and game I chaired a hearing last summer in TION FOR THE PEOPLE OF shows. At that time, Nielsen’s service the Commerce Committee on this DARFUR was found to be mixed up with all that issue, and have continued to monitor Mr. BROWNBACK (for himself, Mr. in some way, and was reporting flawed the situation closely since then. At CORZINE, Mr. COBURN, Mr. DEWINE, MR. data. that hearing, Nielsen indicated that it DURBIN, Mr. KERRY, and Mr. SALAZAR) And Congress got involved. The Sen- would have the problems fixed within a submitted the following resolution; ate had hearings for many months, and few weeks. Now, a year later, they are which was considered and agreed to: at the end of it, there was a report—the still not fixed, despite clear instruc- S. RES. 186 Harris Commission report—that called tions from the Media Rating Council. Whereas, on July 22, 2004, Congress de- for the creation of an independent, in- And while Nielsen has been cooperative clared that genocide was taking place in dustry-run, private oversight body to with customers and critics—to its cred- Darfur, Sudan; audit and accredit Nielsen’s ratings it—the fundamental issue of oversight Whereas, on September 9, 2004, Secretary measurement systems for accuracy. enforcement has not been resolved. of State Colin L. Powell testified to the Sen- That body was created in 1964 and is Now I agree with Nielsen, and most ate Committee on Foreign Relations that now called the Media Rating Council. ‘‘genocide has been committed in Darfur’’; others do too, that the people meters, Whereas, on September 21, 2004, President It continues to audit and accredit TV when implemented correctly, produce George W. Bush stated to the United Nations ratings systems to this day, consulting better numbers than the diaries. And General Assembly that ‘‘the world is wit- closely with Nielsen and its own mem- we should be glad that Nielsen is devot- nessing terrible suffering and horrible crimes bers, who are the main consumers of ing the resources to developing new in the Darfur region of Sudan, crimes my TV ratings data. It has long experience technologies, as it should. The diary government has concluded are genocide’’; and great expertise at conducting au- system, after all, hasn’t really changed Whereas Article 1 of the Convention on the Prevention and Punishment of the Crime of dits of ratings data for quality and ac- much since the 1950s. Genocide, done at Paris December 9, 1948, curacy. And it has broad industry sup- But it is also clear that Nielsen and entered into force January 12, 1951, port and participation. should not have moved ahead without states that ‘‘[t]he Contracting Parties con- The Media Rating Council’s role the full prior approval of the Media firm that genocide, whether committed in today, and its relationship with Rating Council, which is the expert or- time of peace or in time of war, is a crime Nielsen, or any other TV rating com- ganization set up—at the behest of under international law which they under- pany that may come to equal promi- Congress—to ensure TV ratings accu- take to prevent and to punish’’; Whereas fundamental human rights, in- nence in the future, are what concern racy. It was this action, more than any cluding the right to freedom of thought, con- me and moved me to introduce this of the other details of the controversy, science, and religion, are protected in nu- bill. that indicated to me that the oversight merous international agreements and dec- Last year, Nielsen introduced a new system was missing some essential larations; technology called Local People Meters, teeth. Whereas the United Nations Security which was designed to measure viewer So my bill simply makes prior Media Council, in Security Council Resolution 1591, behavior in a more accurate way and to Rating Council accreditation for TV condemned the ‘‘continued violations of the N’djamena Ceasefire Agreement of 8 April replace the old paper diaries. This sys- ratings systems mandatory, not vol- 2004 and the Abuja Protocols of 9 November tem was similar to a technology that untary, as it is today. It backstops a 2004 by all sides in Darfur and the deteriora- Nielsen had introduced in the late system that has been in place for 40 tion of the security situation and negative 1980s. In both cases, there were big years. impact this has had on humanitarian assist- changes in the TV ratings when It is not a bill about the Local People ance efforts’’; Nielsen moved from the old system to Meter system. It is not a bill about the Whereas President Bush declared on June the new one. To the extent that these ratings of one broadcast company or 30, 2005, ‘‘Yet the violence in Darfur region is clearly genocide. The human cost is beyond changes simply captured viewer pref- any group of companies. It is not even calculation.’’ erences more accurately, this was good a bill about Nielsen, although it will Whereas it is estimated that more than for the industry and for TV viewers in clearly be the most affected company. 2,000,000 people have been displaced from

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No. 05–1368, pending in the United States as an opportunity to— Whereas while United States government District Court for the Northern District of (A) highlight the strong relationship and assistance and African Union monitoring has California; rich history between the United States and mitigated violence in some regions of Whereas, pursuant to sections 703(a) and New Zealand; and Darfur, religious leaders, genocide survivors, 704(a)(1) of the Ethics in Government Act of (B) foster greater collaboration and friend- and world leaders have expressed grave con- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the ship between these 2 great nations; and cern, over the atrocities still occurring there Senate may direct its counsel to defend in (4) expresses arohanui to the peoples of and for the thousands that may still be civil actions the Senate when there is placed Aotearoa, our friends in the Land of the dying; and in issue the validity of any action taken by Long White Cloud. the Senate in its official capacity; Whereas it is appropriate that the people f of the United States, leaders and citizens Whereas, pursuant to section 708(c) of the alike, unite in prayer for the people of Ethics in Government Act of 1978, 2 U.S.C. SENATE RESOLUTION 190—A BILL Darfur and reflect upon the situation in § 288g(c), the Senate may direct its counsel to RECOGNIZING THE 100TH ANNI- Darfur: Now, therefore, be it perform other duties: Now, therefore, be it Resolved, That the Senate Legal Counsel, VERSARY OF MESA VERDE NA- Resolved, That it is the sense of the Sen- TIONAL PARK ate— in conjunction with counsel for the House of (1) that the weekend of July 15 through 17, Representatives, is authorized to represent Mr. SALAZAR (for himself and Mr. 2005, should be designated as a National the United States Congress in the case of ALLARD) submitted the following reso- Weekend of Prayer and Reflection for the LaFreniere v. Congress of the United States. lution; which was considered and people of Darfur, Sudan; f agreed to: (2) to encourage the people of the United SENATE RESOLUTION 189—CON- S. RES. 190 States to observe that weekend by praying for an end to the genocide and crimes GRATULATING MICHAEL CAMP- Whereas Mesa Verde National Park was against humanity and for lasting peace in BELL FOR HIS VICTORY IN THE created 100 years ago by an Act of Congress Darfur, Sudan; and U.S. OPEN GOLF TOURNAMENT and signed into law by President Theodore (3) to urge all churches, synagogues, AND CELEBRATING THE RELA- Roosevelt on June 29, 1906, as the first Na- mosques, and religious institutions in the TIONSHIP BETWEEN THE UNITED tional Park set aside to preserve the works United States to consider the people of STATES AND NEW ZEALAND of humankind; Darfur in their activities and to observe the Whereas the more than 5,000 archeological National Weekend of Prayer and Reflection Mr. SMITH (for himself and Mrs. sites, including over 600 cliff dwellings, pro- with appropriate activities and services. DOLE) submitted the following resolu- tected within the 52,000-acre boundary of Mesa Verde National Park represent some of f tion; which was considered and agreed to: the most spectacular and best-preserved pre- historic architecture in the world; SENATE RESOLUTION 187—AU- S. RES. 189 THORIZING THE TAKING OF Whereas in 1928, Congress declared the nat- Whereas on June 19, 2005, Michael Camp- ural resources of Mesa Verde National Park VIDEO IMAGES IN THE CHAMBER bell, a citizen of New Zealand, won the OF THE UNITED STATES SENATE to be of such caliber as to be worthy of the United States Golf Association’s Open Cham- same level of protection as the cultural re- Mr. LOTT (for himself, Mr. DODD, and pionship (‘‘U.S. Open’’); sources therein; Whereas the U.S. Open was held at Pine- Mr. FRIST) submitted the following res- Whereas 8,500 acres within Mesa Verde Na- hurst No. 2, one of the most storied and dif- tional Park were designated as wilderness by olution; which was considered and ficult courses in professional golf; agreed to: Congress on October 20, 1976; Whereas Michael Campbell’s even par 280 Whereas on September 8, 1978, the United S. RES. 187 was 2 strokes better than any other golfer in Nations Educational, Scientific, and Cul- Resolved, the field; tural Organization (‘‘UNESCO’’) declared SECTION 1. AUTHORIZATION OF TAKING OF Whereas Michael Campbell showed great Mesa Verde National Park to be 1 of 8 origi- VIDEO IMAGES IN SENATE CHAM- perseverance and resolve by becoming the nal World Cultural Heritage Sites; BER. first golfer to come from behind to win the Whereas Mesa Verde National Park is part (a) AUTHORIZATION.—Subject to subsection U.S. Open in 7 years; of our American heritage that is universally (b), paragraph 1 of rule IV of the Rules for Whereas Michael Campbell became the recognized and shared with the world; the Regulation of the Senate Wing of the first New Zealander to win one of golf’s 4 Whereas Mesa Verde National Park is the United States Capitol and Senate Office major tournaments since Bob Charles won primary driving force behind the economy of Buildings (prohibiting the taking of pictures the British Open in 1963; southwestern Colorado and the Four Corners in the Senate Chamber) is temporarily sus- Whereas New Zealand has long been a Region; pended for the purpose of permitting the C– prominent fixture on the stage of inter- Whereas the communities of Cortez, Dolo- SPAN television network to take, during a national sports, winning 2 of the last 3 Amer- res, Mancos, and Durango, Colorado, have period the Senate is in recess, video images ica’s Cup yacht races and 3 gold medals and come together to plan a year-long celebra- of the Senate Chamber. 2 silver medals at the 2004 Summer Olympic tion worthy of this magnificent icon of the (b) LIMITATION ON USE OF IMAGES.—The C– Games in Athens, Greece; National Park System; and SPAN television network may use video im- Whereas the competitive spirit and success Whereas 24 American Indian tribes recog- ages taken under subsection (a) solely for in- of these athletes is reflective of the bravery nize Mesa Verde as their ancestral home and clusion in a documentary on the history of and skill of New Zealand’s seagoing indige- contribute a rich cultural heritage to the ex- the United States Capitol which the network nous explorers, the Maori, of whom Michael perience of visitors to the region: Now, is preparing. Campbell is a descendent; therefore, be it (c) ARRANGEMENTS.—The Sergeant at Arms Whereas Michael Campbell’s Maori-Scot- Resolved, That the Senate— and Doorkeeper of the Senate shall make the tish heritage is representative of the great (1) recognizes the 100th anniversary of necessary arrangements to carry out this cooperation between, and harmonious blend- Mesa Verde National Park; and resolution, including such arrangements as ing of, Polynesian and European cultures; (2) urges all citizens of the United States are necessary to ensure that the taking of Whereas New Zealand was a staunch ally to join in the Centennial Celebration of Mesa video images under this resolution does not in every major conflict of the 20th Century Verde National Park by participating in the disrupt any proceeding of the Senate. and its people made heroic efforts and enor- many activities planned throughout the year mous sacrifices to help protect freedom and f in 2006. democracy throughout the world; SENATE RESOLUTION 1881—TO AU- Whereas New Zealand has contributed reg- f THORIZE REPRESENTATION BY ularly to international peacekeeping oper- SENATE RESOLUTION 191—HON- THE SENATE LEGAL COUNSEL IN ations, remains steadfast in their alliance in ORING ASSOCIATE JUSTICE OF the fight against terrorism and extremism, THE CASE OF LAFRENIERE V. THE SUPREME COURT OF THE CONGRESS OF THE UNITED and continues to assist in the reconstruction of Iraq and Afghanistan; and UNITED STATES SANDRA DAY STATES Whereas New Zealand remains a close ally: O’CONNOR Mr. FRIST (for himself and Mr. REID) Now, therefore, be it Mr. FRIST (for himself, Mr. REID, Resolved, That the Senate— submitted the following resolution; Mr. MCCAIN, Mr. KYL, Mr. AKAKA, Mr. which was considered and agreed to: (1) commends Michael Campbell for his outstanding achievement in winning the U.S. ALEXANDER, Mr. ALLARD, Mr. ALLEN, S. RES. 188 Open; Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, Whereas, the United States Congress has (2) celebrates Michael Campbell’s victory Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, been named as a defendant in the case of as a proud moment for New Zealand; Mrs. BOXER, Mr. BROWNBACK, Mr.

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Mr. MCCONNELL (for Mr. STE- Whereas President Ronald Reagan ap- Mr. COBURN, Mr. COCHRAN, Mr. COLE- VENS (for himself and Mr. INOUYE)) proposed pointed Sandra Day O’Connor to serve as As- MAN, Ms. COLLINS, Mr. CONRAD, Mr. an amendment to the bill S. 362, to establish sociate Justice of the Supreme Court of the a program within the National Oceanic and CORNYN, Mr. CORZINE, Mr. CRAIG, Mr. United States; CRAPO, Mr. DAYTON, Mr. DEMINT, Mr. Atmospheric Administration and the United Whereas, on September 21, 1981, the Senate States Coast Guard to help identify, deter- DEWINE, Mr. DODD, Mrs. DOLE, Mr. unanimously confirmed the nomination of mine sources of, assess, reduce, and prevent DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. Sandra Day O’Connor to the Supreme Court marine debris and its adverse impacts on the ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. of the United States, and she became the marine environment and navigation safety, FEINSTEIN, Mr. GRAHAM, Mr. GRASSLEY, first female Justice in the Court’s history; in coordination with non-Federal entities, Mr. GREGG, Mr. HAGEL, Mr. HARKIN, Whereas, since September 25th, 1981, Jus- and for other purposes. Mr. HATCH, Mrs. HUTCHISON, Mr. tice Sandra Day O’Connor has served with SA 1100. Mr. MCCONNELL (for Mr. STE- VENS (for himself and Mr. INOUYE)) proposed INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. distinction on the Supreme Court of the United States; an amendment to the bill S. 39, to establish JEFFORDS, Mr. JOHNSON, Mr. KENNEDY, Whereas Sandra Day O’Connor has served a coordinated national ocean exploration Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, as an example to all the people of the United program within the National Oceanic and Mr. LAUTENBERG, Mr. LEAHY, Mr. States, demonstrating that through persist- Atmospheric Administration. SA 1101. Mr. MCCONNELL (for Mr. STE- LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, ence and hard work anything is possible; VENS (for himself and Mr. INOUYE)) proposed Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, Whereas, throughout her tenure on the Su- an amendment to the bill S. 50, to authorize Mr. MCCONNELL, Ms. MIKULSKI, Ms. preme Court of the United States, Sandra and strengthen the National Oceanic and At- MURKOWSKI, Mrs. MURRAY, Mr. NELSON Day O’Connor has not lost sight of her values mospheric Administration’s tsunami detec- of Florida, Mr. NELSON of Nebraska, and has not wavered from her well-grounded tion, forecast, warning, and mitigation pro- Mr. OBAMA, Mr. PRYOR, Mr. REED, Mr. views; gram, and for other purposes. ROBERTS, Mr. ROCKEFELLER, Mr. Whereas President Ronald Reagan, on the SA 1102. Mr. MCCONNELL (for Mr. STE- SALAZAR, Mr. SANTORUM, Mr. SAR- date he appointed Sandra Day O’Connor to VENS (for himself and Mr. INOUYE)) proposed the Supreme Court of the United States, BANES, Mr. SCHUMER, Mr. SESSIONS, Mr. an amendment to the bill S. 361, to develop said, ‘‘[s]he is truly a ‘person for all seasons’, and maintain an integrated system of ocean SHELBY, Mr. SMITH, Ms. SNOWE, Mr. possessing those unique qualities of tempera- and coastal observations for the Nation’s SPECTER, Ms. STABENOW, Mr. STEVENS, ment, fairness, intellectual capacity and de- coasts, oceans and Great Lakes, improve Mr. SUNUNU, Mr. TALENT, Mr. THOMAS, votion to the public good which have charac- warnings of tsunamis and other natural haz- Mr. THUNE, Mr. VITTER, Mr. VOINOVICH, terized the 101 ‘brethren’ who have preceded ards, enhance homeland security, support Mr. WARNER, and Mr. WYDEN) sub- her’’; maritime operations, and for other purposes. mitted the following resolution; which Whereas now, more than 23 years later, the SA 1103. Mr. MCCONNELL (for Mr. STE- was considered and agreed to: comments President Reagan made about VENS (for himself and Mr. INOUYE)) proposed Sandra Day O’Connor still ring true; an amendment to the bill S. 361, supra. SA 1104. Mr. ENSIGN submitted an amend- S. RES. 191 Whereas when Sandra Day O’Connor took ment intended to be proposed by him to the Whereas, for nearly a quarter century, Jus- the oath of office as Associate Justice, she bill H.R. 2360, making appropriations for the tice Sandra Day O’Connor honorably served pledged to uphold the Constitution, and has Department of Homeland Security for the as a fair and impartial Justice on the Su- since then proven a steadfast commitment to fiscal year ending September 30, 2006, and for preme Court of the United States; the rule of law; Whereas Sandra Day O’Connor, the daugh- other purposes; which was ordered to lie on Whereas the wisdom, intellect, respect for the table. ter of Harry and Ada Mae, was born in El others, and humility of Sandra Day O’Con- Paso, Texas, and was raised by her family on nor have allowed her to become well-re- f a cattle ranch in southeastern Arizona; spected among her colleagues, including Whereas Sandra Day O’Connor began an TEXT OF AMENDMENTS those with opposing judicial philosophies; academic journey at Stanford University, Whereas Sandra Day O’Connor is an inde- earning a bachelor’s degree in economics and pendent thinker and has made great con- SA 1099. Mr. MCCONNELL (for Mr. graduating magna cum laude; STEVENS (for himself and Mr. INOUYE)) Whereas Sandra Day O’Connor continued tributions in many substantive areas of the law; proposed an amendment to the bill S. her education at Stanford University, by en- 362, to establish a program within the rolling in the Stanford Law School, where Whereas Sandra Day O’Connor embodies she served on the Board of Editors of the law the ideal qualities of a judge, including fair- National Oceanic and Atmospheric Ad- review; ness, impartiality, and open-mindedness; ministration and the United States Whereas, graduating in just 2 years from Whereas, a true public servant, Sandra Day Coast Guard to help identify, deter- Stanford Law School, Sandra Day O’Connor O’Connor has proudly served the United mine sources of, assess, reduce, and managed to finish third in an impressive States for 4 decades as an Arizona State Sen- prevent marine debris and its adverse class, which included her future Supreme ator and majority leader, State court judge, impacts on the marine environment Court of the United States colleague Chief an Assistant Attorney General for Arizona, and navigation safety, in coordination and for more than 23 years as an Associate Justice William H. Rehnquist; with non-Federal entities, and for Whereas Sandra Day O’Connor married her Justice on the Supreme Court of the United great love, John Jay O’Connor III, in 1952; States; other purposes; as follows: Whereas Sandra Day O’Connor began a Whereas through her experiences, Justice SECTION 1. SHORT TITLE. legal career as the Deputy County Attorney Sandra Day O’Connor has brought a unique This Act may be cited as the ‘‘Marine De- of San Mateo, California; perspective and understanding of checks and bris Research, Prevention, and Reduction Whereas, when John Jay O’Connor III was balances to the Supreme Court of the United Act’’. drafted into the JAG Corps in 1953, the young States; and SEC. 2. FINDINGS AND PURPOSES. couple moved to Frankfurt, Germany, where Whereas, Sandra Day O’Connor, a brilliant (a) FINDINGS.—The Congress makes the fol- Sandra Day O’Connor worked as a civilian jurist and a compassionate woman, has lowing findings: attorney for Quartermaster Market Center; earned a place in history as the first woman (1) The oceans, which comprise nearly Whereas, after 4 years in Europe, Sandra to serve on the Supreme Court of the United three quarters of the Earth’s surface, are an Day O’Connor returned to Maryvale, Ari- States: Now, therefore, be it important source of food and provide a zona, where she began a legal practice and wealth of other natural products that are raised 3 sons, Scott, Brian, and Jay; Resolved, That the Senate— important to the economy of the United Whereas in 1965, Sandra Day O’Connor (1) recognizes Associate Justice of the Su- States and the world. began service in State government as the As- preme Court of the United States Sandra (2) Ocean and coastal areas are regions of sistant Attorney General for Arizona; Day O’Connor as a great American, a life- remarkably high biological productivity, are Whereas Sandra Day O’Connor was later long public servant, a brilliant legal scholar, of considerable importance for a variety of appointed to the Arizona State Senate and a superb jurist, and the first woman ever to recreational and commercial activities, and then re-elected twice more by the people of serve as an Associate Justice on the Su- provide a vital means of transportation. Arizona; preme Court of the United States; and (3) Marine debris, including plastics, dere- Whereas Sandra Day O’Connor served as (2) pays tribute to Sandra Day O’Connor, lict fishing gear, and a wide variety of other majority leader of the Arizona State Senate, Associate Justice of the Supreme Court of objects, has a harmful and persistent effect and was the first woman to hold such an of- the United States, for 4 decades of distin- on marine flora and fauna and can have ad- fice in any State; guished service to the nation. verse impacts on human health.

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(4) Marine debris is also a hazard to navi- (C) development and implementation of (4) ELIGIBILITY.—Any natural resource gation, putting mariners and rescuers, their strategies, methods, priorities, and a plan for management authority of a State, Federal or vessels, and consequently the marine envi- preventing and removing marine debris from other government authority whose activities ronment at risk, and can cause economic United States navigable waters and within directly or indirectly affect research or regu- loss due to entanglement of vessel systems. the United States exclusive economic zone, lation of marine debris, and any educational (5) Plastic materials persist for decades in including development of local or regional or nongovernmental institutions with dem- the marine environment and therefore pose protocols for removal of derelict fishing onstrated expertise in a field related to ma- the greatest potential for long-term damage gear. rine debris, are eligible to submit to the Ad- to the marine environment. (2) REDUCING AND PREVENTING LOSS OF ministrator a marine debris proposal under (6) Insufficient knowledge and data on the GEAR.—The Administrator shall improve ef- the grant program. source, movement, and effects of plastics and forts and actively seek to prevent and reduce (5) GRANT CRITERIA AND GUIDELINES.—With- other marine debris in marine ecosystems fishing gear losses, as well as to reduce ad- in 180 days after the date of enactment of has hampered efforts to develop effective ap- verse impacts of such gear on living marine this Act, the Administrator shall promulgate proaches for addressing marine debris. resources and navigation safety, including— necessary guidelines for implementation of (7) Lack of resources, inadequate attention (A) research and development of alter- the grant program, including development of to this issue, and poor coordination at the natives to gear posing threats to the marine criteria and priorities for grants. Such prior- Federal level has undermined the develop- environment, and methods for marking gear ities may include proposals that would re- ment and implementation of a Federal pro- used in specific fisheries to enhance the duce new sources of marine debris and program to address marine debris, both domesti- tracking, recovery, and identification of lost vide additional benefits to the public, such cally and internationally. and discarded gear; and as recycling of marine debris or use of bio- (b) PURPOSES.—The purposes of this Act (B) development of voluntary or manda- degradable materials. In developing those are— tory measures to reduce the loss and discard guidelines, the Administrator shall consult (1) to establish programs within the Na- of fishing gear, and to aid its recovery, such with— tional Oceanic and Atmospheric Administra- as incentive programs, reporting loss and re- (A) the Interagency Marine Debris Com- tion and the United States Coast Guard to covery of gear, observer programs, toll-free mittee; help identify, determine sources of, assess, reporting hotlines, computer-based notifica- (B) regional fishery management councils reduce, and prevent marine debris and its ad- tion forms, and providing adequate and free established under the Magnuson-Stevens verse impacts on the marine environment disposal receptacles at ports. Fishery Conservation and Management Act and navigation safety, in coordination with (3) OUTREACH.—The Administrator shall (16 U.S.C. 1801 et seq.); other Federal and non-Federal entities; undertake outreach and education of the (C) State, regional, and local governmental (2) to re-establish the Inter-agency Marine public and other stakeholders, such as the entities with marine debris experience; Debris Coordinating Committee to ensure a fishing industry, fishing gear manufacturers, (D) marine-dependent industries; and coordinated government response across and other marine-dependent industries, on (E) non-governmental organizations in- Federal agencies; sources of marine debris, threats associated volved in marine debris research, prevention, (3) to develop a Federal information clear- with marine debris and approaches to iden- or removal activities. inghouse to enable researchers to study the tify, determine sources of, assess, reduce, (6) PROJECT REVIEW AND APPROVAL.—The sources, scale and impact of marine debris and prevent marine debris and its adverse Administrator shall review each marine de- more efficiently; and impacts on the marine environment and bris project proposal to determine if it meets (4) to take appropriate action in the inter- navigational safety, including outreach and the grant criteria and supports the goals of national community to prevent marine de- education activities through public-private the Act. Not later than 120 days after receiv- bris and reduce concentrations of existing initiatives. The Administrator shall coordi- ing a project proposal under this section, the debris on a global scale. nate outreach and education activities under Administrator shall— SEC. 3. NOAA MARINE DEBRIS PREVENTION AND this paragraph with any outreach programs (A) provide for external merit-based peer REMOVAL PROGRAM. conducted under section 2204 of the Marine review of the proposal; (a) ESTABLISHMENT OF PROGRAM.—There is Plastic Pollution Research and Control Act (B) after considering any written com- established, within the National Oceanic and of 1987 (33 U.S.C. 1915). ments and recommendations based on the re- Atmospheric Administration, a Marine De- view, approve or disapprove the proposal; bris Prevention and Removal Program to re- (c) GRANTS.— and duce and prevent the occurrence and adverse (1) IN GENERAL.—The Administrator shall (C) provide written notification of that ap- impacts of marine debris on the marine envi- provide financial assistance, in the form of ronment and navigation safety. grants, through the Marine Debris Preven- proval or disapproval to the person who sub- (b) PROGRAM COMPONENTS.—Through the tion and Removal Program for projects to mitted the proposal. Marine Debris Prevention and Removal Pro- accomplish the purposes of this Act. (7) PROJECT REPORTING.—Each grantee gram, the Administrator shall carry out the (2) 50 PERCENT MATCHING REQUIREMENT.— under this section shall provide periodic re- following activities: (A) IN GENERAL.—Except as provided in ports as required by the Administrator. Each (1) MAPPING, IDENTIFICATION, IMPACT AS- subparagraph (B), Federal funds for any report shall include all information required SESSMENT, REMOVAL, AND PREVENTION.—The project under this section may not exceed 50 by the Administrator for evaluating the Administrator shall, in consultation with percent of the total cost of such project. For progress and success in meeting its stated relevant Federal agencies, undertake marine purposes of this subparagraph, the non-Fed- goals, and impact on the marine debris prob- debris mapping, identification, impact as- eral share of project costs may be provided lem. sessment, prevention, and removal efforts, by in-kind contributions and other noncash SEC. 4. COAST GUARD PROGRAM. with a focus on marine debris posing a threat support. (a) IN GENERAL.—The Commandant of the to living marine resources, particularly spe- (B) WAIVER.—The Administrator may Coast Guard shall, in cooperation with the cies identified as endangered or threatened waive all or part of the matching require- Administrator, undertake measures to re- under the Endangered Species Act of 1973 (16 ment under subparagraph (A) if the Adminis- duce violations of MARPOL Annex V and the U.S.C. 1531 et seq.) and species protected trator determines that no reasonable means Act to Prevent Pollution from Ships (33 under the Marine Mammal Protection Act of are available through which applicants can U.S.C. 1901 et seq.) with respect to the dis- 1972 (16 U.S.C. 1631 et seq.), and navigation meet the matching requirement and the card of plastics and other garbage from ves- safety, including— probable benefit of such project outweighs sels. The measures shall include— (A) the establishment of a process, building the public interest in such matching require- (1) the development of a strategy to im- on existing information sources maintained ment. prove monitoring and enforcement of current by Federal agencies such as the Environ- (3) AMOUNTS PAID AND SERVICES RENDERED laws, as well as recommendations for statu- mental Protection Agency and the Coast UNDER CONSENT.— tory or regulatory changes to improve com- Guard, for cataloguing and maintaining an (A) CONSENT DECREES AND ORDERS.—If au- pliance and for the development of any ap- inventory of marine debris and its impacts thorized by the Administrator or the Attor- propriate amendments to MARPOL; found in the navigable waters of the United ney General, as appropriate, the non-Federal (2) regulations to address implementation states and the United States exclusive eco- share of the cost of a project carried out gaps with respect to the requirement of nomic zone, including location, material, under this Act may include money paid pur- MARPOL Annex V and section 6 of the Act size, age, and origin, and impacts on habitat, suant to, or the value of any in-kind service to Prevent Pollution from Ships (33 U.S.C. living marine resources, human health, and performed under, an administrative order on 1905) that all United States ports and termi- navigation safety; consent or judicial consent decree that will nals maintain receptacles for disposing of (B) measures to identify the origin, loca- remove or prevent marine debris. plastics and other garbage, which may in- tion, and projected movement of marine de- (B) OTHER DECREES AND ORDERS.—The non- clude measures to ensure that a sufficient bris within the United States navigable wa- Federal share of the cost of a project carried quantity of such facilities exist at all such ters, the United States exclusive economic out under this Act may not include any ports and terminals, requirements for log- zone, and the high seas, including the use of money paid pursuant to, or the value of any ging the waste received, and for Coast Guard oceanographic, atmospheric, satellite, and in-kind service performed under, any other comparison of vessel and port log books to remote sensing data; and administrative order or court order. determine compliance, taking into account

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potential economic impacts and technical (e) REPORTING.— U.S.C. 1901 et seq.) in ensuring compliance feasibility; (1) INTERAGENCY REPORT ON MARINE DEBRIS under section 2201 of the Marine Plastic Pol- (3) regulations to close record keeping IMPACTS AND STRATEGIES.—Not later than 12 lution Research and Control Act of 1987 (33 gaps, which may include requiring fishing months after the date of the enactment of U.S.C. 1913). vessels under 400 gross tons entering United this Act, the Committee, through the chair- (g) CONFORMING AMENDMENT.—Section 2203 States ports to maintain records subject to person, and in cooperation with the coastal of the Marine Plastic Pollution Research and Coast Guard inspection on the disposal of States, Indian tribes, local governments, and Control Act of 1987 (33 U.S.C. 1914) is re- plastics and other garbage, that, at a min- non-governmental organizations, shall com- pealed. imum, include the time, date, type of gar- plete and submit to the Congress a report SEC. 6. INTERNATIONAL COOPERATION. bage, quantity, and location of discharge by identifying the source of marine debris, ex- The Interagency Marine Debris Committee latitude and longitude or, if discharged on amining the ecological and economic impact shall develop a strategy that may be pursued land, the name of the port where such mate- of marine debris, alternatives for reducing, by the United States in the International rial is offloaded for disposal, taking into ac- mitigating, preventing, and controlling the Maritime Organization and other appro- count potential economic impacts and tech- harmful affects of marine debris, the social priate international and regional forums to nical feasibility; and economic costs and benefits of such al- reduce the incidence of marine debris, in- (4) regulations to improve ship-board waste ternatives, and recommendations regarding cluding— management, which may include expanding both domestic and international marine de- (1) the inclusion of effective and enforce- to smaller vessels existing requirements to bris issues. able marine debris prevention and removal maintain ship-board receptacles and main- (2) CONTENTS.—The report submitted under measures in international and regional tain a ship-board waste management plan, paragraph (1) shall provide recommendations agreements, including fisheries agreements taking into account potential economic im- on— and maritime agreements; pacts and technical feasibility; (A) establishing priority areas for action to (2) measures to strengthen and to improve (5) the development, through outreach to address leading problems relating to marine compliance with MARPOL Annex V; commercial vessel operators and rec- debris; (3) national reporting and information re- reational boaters, of a voluntary reporting (B) developing an effective strategy and quirements that will assist in improving in- program, along with the establishment of a approaches to preventing, reducing, remov- formation collection, identification and central reporting location, for incidents of ing, and disposing of marine debris, includ- monitoring of marine debris; damage to vessels caused by marine debris, ing through private-public partnerships; (4) the establishment of an international as well as observed violations of existing (C) providing appropriate infrastructure database, consistent with the information for effective implementation and enforce- laws and regulations relating to disposal of clearinghouse established under section 7, ment of measures to prevent and remove ma- plastics and other marine debris; and that will provide current information on lo- rine debris, especially the discard and loss of (6) a voluntary program encouraging cation, source, prevention, and removal of fishing gear; United States flag vessels to inform the marine debris; (D) establishing effective and coordinated Coast Guard of any ports in other countries (5) the establishment of public-private education and outreach activities; and that lack adequate port reception facilities partnerships and funding sources for pilot (E) ensuring Federal cooperation with, and for garbage. programs that will assist in implementation assistance to, the coastal States (as defined (b) ON-SHORE OIL AND GAS SPILLS.—The and compliance with marine debris require- in section 304(4) of the Coastal Zone Manage- Commandant of the Coast Guard shall expe- ments in international agreements and dite implementation of the Coast Guard’s re- ment Act of 1972 (16 U.S.C. 1453(4))), Indian tribes, and local governments in the identi- guidelines; sponsibilities with respect to on-shore oil (6) the identification of possible amend- and gas spills. fication, determination of sources, prevention, reduction, management, mitigation, ments to and provisions in the International SEC. 5. INTERAGENCY COORDINATION. Maritime Organization Guidelines for the (a) INTERAGENCY MARINE DEBRIS COM- and control of marine debris and its adverse impacts. Implementation of Annex V of MARPOL for MITTEE ESTABLISHED.—There is established potential inclusion in Annex V; and (3) ANNUAL PROGRESS REPORTS.—Not later an Interagency Committee on Marine Debris (7) when appropriate assist the responsible to coordinate a comprehensive program of than 2 years after the date of the enactment of this Act, and every year thereafter, the Federal agency in bilateral negotiations to marine debris research and activities among effectively enforce marine debris prevention. Federal agencies, in cooperation and coordi- Committee, through the chairperson, shall submit to the Committee on Commerce, SEC. 7. FEDERAL INFORMATION CLEARING- nation with non-governmental organiza- HOUSE. tions, industry, universities, and research in- Science, and Transportation of the Senate and the Committee on Resources of the The Administrator, in coordination with stitutions, State governments, Indian tribes, the Committee, shall maintain a Federal in- and other nations, as appropriate, and to fos- House of Representatives a report that eval- uates United States and international formation clearinghouse on marine debris ter cost-effective mechanisms to identify, that will be available to researchers and determine sources of, assess, reduce, and pre- progress in meeting the purposes of this Act. The report shall include— other interested parties to improve source vent marine debris, and its adverse impact identification, data sharing, and monitoring on the marine environment and navigational (A) the status of implementation of the recommendations of the Committee and efforts through collaborative research and safety, including the joint funding of re- open sharing of data. The clearinghouse shall search and mitigation and prevention strate- analysis of their effectiveness; (B) a summary of the marine debris inven- include— gies. (1) standardized protocols to map the gen- (b) MEMBERSHIP.—The Committee shall in- tory to be maintained by the National Oce- eral locations of commercial fishing and clude a senior official from— anic and Atmospheric Administration; aquaculture activities using Geographic In- (1) the National Oceanic and Atmospheric (C) a review of the National Oceanic and formation System techniques; Administration, who shall serve as the chair- Atmospheric Administration program au- (2) a world-wide database which describes person of the Committee; thorized by section 3 of this Act, including fishing gear and equipment, and fishing prac- (2) the United States Coast Guard; projects funded and accomplishments relat- tices, including information on gear types (3) the Environmental Protection Agency; ing to reduction and prevention of marine and specifications; (4) the United States Navy; debris; (3) guidance on the identification of types (5) the Maritime Administration of the De- (D) a review of United States Coast Guard of fishing gear fragments and their sources partment of Transportation; programs and accomplishments relating to developed in consultation with persons of (6) the National Aeronautics and Space Ad- marine debris removal, including enforce- relevant expertise; and ministration; ment and compliance with MARPOL require- (4) the data on mapping and identification (7) the U.S. Fish and Wildlife Service; ments; and of marine debris to be developed pursuant to (8) the Department of State; (E) estimated Federal and non-Federal section 3(b)(1) of this Act. (9) the Marine Mammal Commission; and funding provided for marine debris and rec- (10) such other Federal agencies that have ommendations for priority funding needs. SEC. 8. DEFINITIONS. an interest in ocean issues or water pollution (f) MONITORING.—The Administrator, in co- In this Act: prevention and control as the Administrator operation with the Administrator of the En- (1) ADMINISTRATOR.—The term ‘‘Adminis- determines appropriate. vironmental Protection Agency, shall utilize trator’’ means the Administrator of the Na- (c) MEETINGS.—The Committee shall meet the marine debris data derived under this tional Oceanic and Atmospheric Administra- at least twice a year to provide a public, Act and title V of the Marine Protection, Re- tion. interagency forum to ensure the coordina- search, and Sanctuaries Act of 1972 (33 U.S.C. (2) COMMITTEE.—The term ‘‘Committee’’ tion of national and international research, 2801 et seq.) to assist— means the Interagency Marine Debris Com- monitoring, education, and regulatory ac- (1) the Committee in ensuring coordination mittee established by section 5 of this Act. tions addressing the persistent marine debris of research, monitoring, education, and regu- (3) UNITED STATES EXCLUSIVE ECONOMIC problem. latory actions; and ZONE.—The term ‘‘United States exclusive (d) DEFINITION.—The Committee shall de- (2) the United States Coast Guard in as- economic zone’’ means the zone established velop and promulgate through regulation a sessing the effectiveness of this Act and the by Presidential Proclamation Numbered definition of the term ‘‘marine debris’’. Act to Prevent Pollution from Ships (33 5030, dated March 10, 1983, including the

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7918 CONGRESSIONAL RECORD — SENATE July 1, 2005 ocean waters of the areas referred to as posals for activities to be conducted under (6) $49,121,000 for fiscal year 2011; ‘‘eastern special areas’’ in article 3(1) of the this program; (7) $54,033,000 for fiscal year 2012; Agreement between the United States of (5) enhance the technical capability of the (8) $59,436,000 for fiscal year 2013; America and the Union of Soviet Socialist United States marine science community by (9) $65,379,000 for fiscal year 2014; and Republics on the Maritime Boundary, signed promoting the development of improved (10) $71,917,000 for fiscal year 2015. June 1, 1990. oceanographic research, communication, TITLE II—UNDERSEA RESEARCH (4) MARPOL; ANNEX V; CONVENTION.—The navigation, and data collection systems, as PROGRAM terms ‘‘MARPOL’’, ‘‘Annex 5’’, and ‘‘Conven- well as underwater platforms and sensors; SEC. 201. SHORT TITLE. tion’’ have the meaning given those terms in (6) accept donations of property, data, and This title may be cited as the ‘‘NOAA Un- paragraphs (3) and (4) of section 2(a) of the equipment to be applied for the purpose of dersea Research Program Act of 2005’’. Act to Prevent Pollution from Ships (33 exploring the oceans or increasing knowl- SEC. 202. ESTABLISHMENT. U.S.C. 1901(a)). edge of the oceans; The Administrator of the National Oceanic (5) NAVIGABLE WATERS.—The term ‘‘navi- (7) establish an ocean exploration forum to and Atmospheric Administration shall estab- gable waters’’ has the meaning given that encourage partnerships and promote commu- lish and maintain an undersea research pro- term by section 502(7) of the Federal Water nication among experts and other stake- gram and shall designate a Director of that Pollution Control Act (33 U.S.C. 1362(7)). holders in order to enhance the scientific and program. SEC. 9. APPLICATION WITH OUTER CONTI- technical expertise and relevance of the na- SEC. 203. PURPOSE. NENTAL SHELF LANDS ACT. tional program; and The purpose of the program is to increase Nothing in this Act supersedes, or limits (8) avoid directing the programs towards scientific knowledge essential for the in- the authority of the Secretary of the Inte- activities relating to global temperature formed management, use and preservation of rior under, the Outer Continental Shelf trends and instead focus on underwater re- oceanic, coastal and large lake resources Lands Act (43 U.S.C. 1331 et seq.) gions of particular scientific interest. through undersea research, exploration, edu- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. SEC. 104. EXPLORATION TECHNOLOGY AND IN- cation and technology development. The pro- There are authorized to be appropriated for FRASTRUCTURE TASK FORCE. gram shall be part of National Oceanic and each fiscal year 2006 through 2010— The National Oceanic and Atmospheric Ad- Atmospheric Administration’s undersea re- (1) to the Administrator for the purpose of ministration, in coordination with the Na- search, education, and technology develop- carrying out sections 3 and 7 of this Act, tional Aeronautics and Space Administra- ment efforts, and also make available the in- $10,000,000, of which no more than 10 percent tion, the U.S. Geological Survey, Office of frastructure and expertise to service the un- may be for administrative costs; and Naval Research, and relevant governmental, dersea science needs of the academic commu- (2) to the Secretary of the Department in non-governmental, academic, and other ex- nity. which the Coast Guard is operating, for the perts, shall convene an ocean technology and SEC. 204. PROGRAM. use of the Commandant of the Coast Guard infrastructure task force to develop and im- The program shall be conducted through a in carrying out sections 4 and 6 of this Act, plement a strategy— national headquarters, a network of regional $5,000,000, of which no more than 10 percent (1) to facilitate transfer of new exploration undersea research centers, and a national may be used for administrative costs. technology to the program; technology institute. Overall direction of the (2) to improve availability of communica- program will be provided by the program director with advice from the Council of Cen- SA 1100. Mr. MCCONNELL (for Mr. tions infrastructure, including satellite capabilities, to the program; ter directors comprised of the directors of STEVENS (for himself and Mr. INOUYE)) the regional centers and the national tech- proposed an amendment to the bill S. (3) to develop an integrated, workable and comprehensive data management informa- nology institute. 39, to establish a coordinated national tion processing system that will make infor- SEC. 205. REGIONAL CENTERS and TECHNOLOGY ocean exploration program within the mation on unique and significant features INSTITUTE. National Oceanic and Atmospheric Ad- obtained by the program available for re- The following research, exploration, edu- ministration; as follows: search and management purposes; cation, and technology programs shall be (4) to conduct public outreach activities conducted through the network of regional TITLE I—NATIONAL OCEAN EXPLORATION that improve the public understanding of centers and the national technology insti- PROGRAM ocean science, resources, and processes, in tute: SEC. 101. SHORT TITLE. conjunction with relevant programs of the (1) Core research and exploration based on This title may be cited as the ‘‘National National Oceanic and Atmospheric Adminis- national and regional undersea research priorities. Ocean Exploration Program Act’’. tration, the National Science Foundation, (2) Advanced undersea technology to sup- SEC. 102. ESTABLISHMENT. and other agencies; and port the National Oceanic and Atmospheric The Secretary of Commerce, through the (5) to encourage cost-sharing partnerships Administration’s research mission and pro- Administrator of the National Oceanic and with governmental and non-governmental grams. Atmospheric Administration, shall, in con- entities that will assist in transferring ex- (3) Undersea science-based education and sultation with the National Science Founda- ploration technology and technical expertise outreach programs to enrich ocean science tion and other appropriate Federal agencies, to the program. education and public awareness of the oceans establish a coordinated national ocean explo- SEC. 105. INTERAGENCY FINANCING. and Great Lakes. ration program within the National Oceanic The National Oceanic and Atmospheric Ad- (4) Development of advanced undersea and Atmospheric Administration that pro- ministration, the National Science Founda- technology associated with seafloor observ- motes collaboration with existing programs tion, and other Federal agencies involved in atories, remotely operated vehicles, autono- of the agency, including those authorized in the program, are authorized to participate in mous underwater vehicles, and new sampling title II. interagency financing and share, transfer, and sensing technologies. SEC. 103. AUTHORITIES. receive and spend funds appropriated to any (5) Discovery, study, and development of In carrying out the program the Adminis- Federal participant in the program for the natural products from ocean and aquatic sys- trator of the National Oceanic and Atmos- purposes of carrying out any administrative tems. or programmatic project or activity under pheric Administration shall— SEC. 206. COMPETITIVENESS. (1) conduct interdisciplinary exploration this section. Funds may be transferred Except for a small discretionary fund for voyages or other scientific activities in con- among such departments and agencies rapid response activities and for the Na- junction with other Federal agencies or aca- through an appropriate instrument that tional Oceanic and Atmospheric Administra- demic or educational institutions, to survey specifies the goods, services, or space being tion-related service projects, for which no little known areas of the marine environ- acquired from another Federal participant more than 10 percent of the program budget ment, inventory, observe, and assess living and the costs of the same. shall be set aside, the external projects sup- and nonliving marine resources, and report SEC. 106. APPLICATION WITH OUTER CONTI- ported by the regional centers shall be man- such findings; NENTAL SHELF LANDS ACT. aged using an open and competitive process (2) give priority attention to deep ocean re- Nothing in this title or title II supersedes, to evaluate scientific merit, relevance to the gions, with a focus on surveying deep water or limits the authority of the Secretary of National Oceanic and Atmospheric Adminis- marine systems that hold potential for im- the Interior under, the Outer Continental tration, regional and national research portant scientific discoveries, such as hydro- Shelf Lands Act (43 U.S.C. 1331 et seq.). goals, and technical feasibility. thermal vent communities and seamounts; SEC. 107. AUTHORIZATION OF APPROPRIATIONS. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. (3) conduct scientific voyages to locate, de- There are authorized to be appropriated to There are authorized to be appropriated to fine, and document historic shipwrecks, sub- the National Oceanic and Atmospheric Ad- the National Oceanic and Atmospheric Ad- merged sites, and other ocean exploration ministration to carry out the program— ministration— activities that combine archaeology and (1) $30,500,000 for fiscal year 2006; (1) for fiscal year 2006— oceanographic sciences; (2) $33,550,000 for fiscal year 2007; (A) $12,500,000 for the regional centers, of (4) develop, in consultation with the Na- (3) $36,905,000 for fiscal year 2008; which 50 percent shall be for West Coast Re- tional Science Foundation, a transparent (4) $40,596,000 for fiscal year 2009; gional Centers and 50 percent shall be for process for reviewing and approving pro- (5) $44,655,000 for fiscal year 2010; East Coast Regional Centers; and

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7919 (B) $5,000,000 for the National Technology (2) Tsunami have caused, and can cause in (9) The tragic and extreme loss of life expe- Institute; the future, enormous loss of human life, in- rienced by countries in the Indian Ocean fol- (2) for fiscal year 2007— jury, destruction of property, and economic lowing the magnitude 9.0 earthquake and re- (A) $13,750,000 for the regional centers, of and social disruption in coastal and island sulting tsunami in that region on December which 50 percent shall be for West Coast Re- communities. 26, 2004, illustrates the destructive con- gional Centers and 50 percent shall be for (3) While 85 percent of tsunami occur in the sequences which can occur in the absence of East Coast Regional Centers; and Pacific Ocean, and coastal and island com- an effective tsunami warning and notifica- (B) $5,500,000 for the National Technology munities in this region are the most vulner- tion system. Institute; able to the destructive results, tsunami can (10) An effective tsunami warning and noti- (3) for fiscal year 2008— occur at any point in any ocean or related fication system is part of a multi-hazard dis- (A) $15,125,000 for the regional centers, of body of water where there are earthquakes, aster warning and preparedness program and which 50 percent shall be for West Coast Re- volcanoes, or any other activity that dis- requires real-time seismic, sea level, and gional Centers and 50 percent shall be for places a large volume of water. oceanographic data, high-speed data analysis East Coast Regional Centers; and (4) A number of States and territories are capabilities, a high-speed tsunami warning (B) $6,050,000 for the National Technology subject to the threat of tsunamis, including and notification system, a sustained pro- Institute; Alaska, California, Hawaii, Oregon, Wash- gram of education and risk assessment to de- (4) for fiscal year 2009— ington, American Samoa, the Common- velop response strategies, and an established (A) $16,638,000 for the regional centers, of wealth of the Northern Mariana Islands, local infrastructure for timely and effective which 50 percent shall be for West Coast Re- Guam, Puerto Rico, and the U.S. Virgin Is- dissemination of warnings to activate evacu- gional Centers and 50 percent shall be for lands. ation of tsunami hazard zones. East Coast Regional Centers; and (5) The National Oceanic and Atmospheric (11) The Tsunami Warning System for the (B) $6,655,000 for the National Technology Administration is responsible for maintain- Pacific is a model for other regions of the Institute; ing a tsunami detection and warning system world to adopt, and can be expanded and (5) for fiscal year 2010— for the Nation, issuing warnings to United modernized to increase detection, forecast, (A) $18,301,000 for the regional centers, of States communities at risk from tsunami, and warning capabilities for vulnerable which 50 percent shall be for West Coast Re- and preparing those communities to respond states and territories, reduce the incidence gional Centers and 50 percent shall be for appropriately, through— of costly false alarms, improve reliability of East Coast Regional Centers; and (A) the Pacific Tsunami Warning Center in measurement and assessment technology, (B) $7,321,000 for the National Technology Ewa Beach, Hawaii, which serves as a warn- and increase community preparedness. Institute; ing center for Hawaii, all other United (12) Tsunami warning and preparedness ca- (6) for fiscal year 2011— States assets in the Pacific, and Puerto Rico; pability can be developed in other vulnerable (A) $20,131,000 for the regional centers, of (B) the Alaska/West Coast Tsunami Warn- areas of the world, such as the Indian Ocean, which 50 percent shall be for West Coast Re- ing Center in Palmer, Alaska, which is re- by identifying tsunami hazard zones, edu- gional Centers and 50 percent shall be for sponsible for issuing warnings for Alaska, cating populations, developing alert and no- East Coast Regional Centers; and British Columbia, California, Oregon, and tification infrastructure, and by deploying (B) $8,053,000 for the National Technology Washington; near real-time tsunami detection sensors and (C) the Federal-State national tsunami gauges, establishing hazard notification and Institute; hazard mitigation program; warning networks, expanding global moni- (7) for fiscal year 2012— (D) a tsunami research and assessment pro- toring of seismic activity, encouraging the (A) $22,145,000 for the regional centers, of gram, including programs conducted by the increased exchange of seismic and tidal data which 50 percent shall be for West Coast Re- Pacific Marine Environmental Laboratory; between nations, and improving inter- gional Centers and 50 percent shall be for (E) the TsunamiReady Program, which national coordination when a tsunami is de- East Coast Regional Centers; and educates and prepares communities for sur- tected. (B) $8,859,000 for the National Technology vival before and during a tsunami; (13) UNESCO has recognized the need to es- Institute; (F) an archive of historical tsunami data, tablish tsunami warning systems for regions (8) for fiscal year 2013— held at the National Oceanic and Atmos- beyond the Pacific Basin that are vulnerable (A) $24,359,000 for the regional centers, of pheric Administration’s National Geo- to tsunami, including the Indian Ocean, and which 50 percent shall be for West Coast Re- physical Data Center; and has convened a working group to lead an ef- gional Centers and 50 percent shall be for (G) other related programs, including those fort to expand the International Tsunami East Coast Regional Centers; and operated in coordination with academic in- Warning System in the Pacific to such vul- (B) $9,744,000 for the National Technology stitutions. nerable regions. Institute; (6) The National Oceanic and Atmospheric (14) The international community and all (9) for fiscal year 2014— Administration also represents the United vulnerable nations should take coordinated (A) $26,795,000 for the regional centers, of States as a member of the International Co- efforts to establish and participate in re- which 50 percent shall be for West Coast Re- ordination Group for the Tsunami Warning gional tsunami warning systems and other gional Centers and 50 percent shall be for System in the Pacific, administered by the hazard warnings systems developed to meet East Coast Regional Centers; and Intergovernmental Oceanographic Commis- the goals of the United Nations Inter- (B) $10,718,000 for the National Technology sion of UNESCO, for which the Pacific Tsu- national Strategy for Disaster Reduction. Institute; and nami Warning Center acts as the operational (15) On February 16, 2005, the United (10) for fiscal year 2015— center and shares seismic and water level in- States, together with 53 other Nations par- (A) $29,474,000 for the regional centers, of formation with 26 member states, and main- ticipating in the Third Earth Observation which 50 percent shall be for West Coast Re- tains UNESCO’s International Tsunami In- Summit in Brussels, Belgium, adopted a 10- gional Centers and 50 percent shall be for formation Center, in Honolulu, Hawaii, year implementation plan as the basis for es- East Coast Regional Centers; and which provides technical and educational as- tablishing the Global Earth Observation Sys- (B) $11,790,000 for the National Technology sistance to member states. tem of Systems. Institute. (7) The Tsunami Warning Centers receive (16) The Global Earth Observation System seismographic information from the Global of Systems will consist of existing and future Mr. MCCONNELL (for Mr. SA 1101. Seismic Network, an international system of earth observation systems, including the STEVENS (for himself and Mr. INOUYE)) earthquake monitoring stations, from the United States tsunami detection and warn- proposed an amendment to the bill S. United States Geological Survey National ing system. 50, to authorize and strengthen the Na- Earthquake Information Center, the Alaska (b) PURPOSES.—The purposes of this Act tional Oceanic and Atmospheric Ad- Earthquake Information Center, and cooper- are— ministration’s tsunami detection, fore- ative regional seismic networks, and use (1) to improve tsunami detection, forecast, cast, warning, and mitigation program, these data to issue tsunami warnings and in- warnings, notification, preparedness, and and for other purposes; as follows: tegrate the information with data from their mitigation in order to protect life and prop- own tidal and deep ocean monitoring sta- erty both in the United States and elsewhere SECTION 1. SHORT TITLE. tions, to cancel or verify the existence of a in the world; This Act may be cited as the ‘‘Tsunami damaging tsunami. Warnings are dissemi- (2) to improve and modernize the existing Preparedness Act’’. nated by the National Oceanic and Atmos- Pacific Tsunami Warning System to increase SEC. 2. FINDINGS AND PURPOSES. pheric Administration to State emergency coverage, reduce false alarms and increase (a) FINDINGS.—The Congress finds the fol- operation centers. accuracy of forecasts and warnings, and ex- lowing: (8) Current gaps in the International Tsu- pand detection and warning systems to in- (1) Tsunami are a series of large waves of nami Warning System, such as the lack of clude other vulnerable States and United long wavelength created by the displacement regional warning systems in the Indian States territories, including the Caribbean/ of water by violent undersea disturbances Ocean, the southwest Pacific Ocean, Central Atlantic/Gulf region; such as earthquakes, volcanic eruptions, and South America, the Mediterranean Sea, (3) to increase and accelerate mapping, landslides, explosions, and the impact of cos- and Caribbean, pose risks for coastal and is- modeling, research, assessment, education, mic bodies. land communities. and outreach efforts in order to improve

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7920 CONGRESSIONAL RECORD — SENATE July 1, 2005 forecasting, preparedness, mitigation, re- Science, and the House of Representatives (1) improve the quality and extent of inun- sponse, and recovery of tsunami and related Committee on Resources that summarizes dation mapping, including assessment of vul- coastal hazards; the extent to which the United States Coast nerable inner coastal areas; (4) to provide technical and other assist- Guard or any other Federal agency is assist- (2) promote and improve community out- ance to speed international efforts to estab- ance in deploying and maintaining such reach and education networks and programs lish regional tsunami warning systems in buoys. to ensure community awareness and readi- vulnerable areas worldwide, including the In- (c) TSUNAMI WARNING CENTERS.— ness, including the development of multi- dian Ocean; and (1) IN GENERAL.—The Administrator shall hazard risk and vulnerability assessment (5) to improve Federal, State, and inter- establish tsunami warning centers to provide training and decision support tools, imple- national coordination for tsunami and other a link between the detection and warning mentation of technical training and public coastal hazard warnings and preparedness. system and the tsunami hazard mitigation education programs, and provide for certifi- SEC. 3. TSUNAMI DETECTION AND WARNING SYS- program established under section 4 includ- cation of prepared communities; TEM. ing— (3) integrate tsunami awareness, prepared- (a) IN GENERAL.—The Administrator of the (A) a Pacific Tsunami Warning Center in ness, and mitigation programs into ongoing National Oceanic and Atmospheric Adminis- Hawaii; hazard warning and risk management pro- tration shall operate regional tsunami detec- (B) a West Coast and Alaska Tsunami grams in affected areas including the Na- tion and warning systems for the Pacific Warning Center in Alaska; and tional Response Plan and State coastal zone Ocean region and for the Atlantic Ocean, (C) any additional warning centers deter- management plans; Caribbean, and Gulf of Mexico region that mined by the Administrator to be necessary. (4) promote the adoption of tsunami warn- will provide maximum detection capability (2) RESPONSIBILITIES.—The responsibilities ing and mitigation measures by Federal, for United States coastal tsunami. State, tribal, and local governments and (b) SYSTEM REQUIREMENTS.— of each tsunami warning center shall include— non-governmental entities through a grant (1) PACIFIC SYSTEM.—The Pacific tsunami program for training, development of guide- warning system shall cover the entire Pa- (A) continuously monitoring data from seismological stations, deep ocean detection lines, and other purposes; cific Ocean area, including the Western Pa- (5) develop tsunami specific rescue and re- cific, the Central Pacific, the North Pacific, buoys, and tidal monitoring stations and providing such data to the national tsunami covery guidelines for the National Response the South Pacific, and the East Pacific and Plan, including long-term mitigation meas- Arctic areas. archive; ures, educational programs regarding the (2) ATLANTIC, CARIBBEAN, AND GULF OF MEX- (B) evaluating earthquakes that have the consequences of development in high-risk ICO SYSTEM.—The Atlantic, Caribbean, and potential to generate tsunami; areas, and use of remote sensing and other Gulf system shall cover areas of the Atlantic (C) evaluating deep ocean buoy data and technology in rescue and recovery oper- Ocean, Caribbean Sea, and the Gulf of Mex- tidal monitoring stations for indications of ations; ico that the Administrator determines— tsunami resulting from sources other than (6) require budget coordination, through (A) to be geologically active, or to have earthquakes; and the Administration, to carry out the pur- significant potential for geological activity; (D) disseminating information and warning poses of this Act and to ensure that partici- and bulletins appropriate for local and distant pating agencies provide necessary funds for (B) to pose measurable risks of tsunamis tsunamis to government agencies and the for States along the coastal areas of the At- public and alerting potentially impacted matters within their respective areas of au- lantic Ocean or the Gulf of Mexico. coastal areas for evacuation. thority and expertise; and (7) provide for periodic external review of (3) COMPONENTS.—The systems shall— (d) DATA MANAGEMENT.—The Adminis- the program and for inclusion of the results (A) utilize an array of deep ocean detection trator shall maintain national and region- of such reviews in the report required by sec- buoys, including redundant and spare buoys; ally-based data management systems to sup- tion 6(e). (B) include an associated tide gauge and port and establish data management require- water level system designed for long-term ments for the tsunami detection and moni- SEC. 5. TSUNAMI RESEARCH PROGRAM. continuous operation tsunami transmission toring system, including requirements for— (a) ESTABLISHMENT.—The Administrator of the National Oceanic and Atmospheric Ad- capability; (1) quality control and quality assurance; ministration shall, in coordination with (C) allow for such additional sensors as (2) archiving and maintaining data; other agencies and academic institutions, es- may be necessary for tsunami and weather (3) supporting integration of observations tablish a tsunami research program to de- warnings and forecasts; from the system with other national and velop detection, prediction, communication, (D) provide for the establishment of a coop- international water level measurements, and mitigation science and technology that erative effort between the National Oceanic such as the Global Sea Level Monitoring supports tsunami forecasts and warnings, in- and Atmospheric Administration and the System; cluding advanced sensing techniques, infor- United States Geological Survey under (4) integration of observations from the mation and communication technology, data which the Geological Survey and State system with other elements of the global and collection, analysis and assessment for tsu- earthquake information centers provide coastal components of the integrated ocean nami tracking and numerical forecast mod- rapid and reliable real-time seismic informa- and coastal observing system and the Global eling that will— tion to the Administration from inter- Earth Observation System of Systems; and (1) help determine— national and domestic seismic networks; (5) the development of and access to data (A) whether an earthquake or other seis- (E) provide for information and data proc- sets and integrated data products designed mic event will result in a tsunami; and essing through the tsunami warning centers to support multi-hazard regional vulner- (B) the likely path, severity, duration, and established under subsection (c); ability assessment and adaptation programs travel time of a tsunami; (F) be integrated into United States and such as the program established under sec- (2) develop techniques and technologies global ocean and earth observing systems, tion 8. that may be used to communicate tsunami including the Global Earth Observation Sys- SEC. 4. TSUNAMI HAZARD MITIGATION PROGRAM. forecasts and warnings as quickly and effec- tem of Systems; (a) IN GENERAL.—The Administrator of the tively as possible to affected communities; (G) provide an infrastructure, building on (3) develop techniques and technologies to local systems, for at-risk tsunami commu- National Oceanic and Atmospheric Adminis- tration shall, in coordination with other support evacuation products, including real- nities that supports rapid and reliable alert time notice of the condition of critical infra- and notification to the public, such as the agencies and academic institutions, develop and conduct a community-based tsunami structure along tsunami evacuation routes National Oceanic and Atmospheric Adminis- for public officials and first responders; and tration’s Weather, Alert, and Readiness Net- hazard mitigation program to improve tsunami preparedness of at-risk areas. (4) develop techniques for utilizing remote work, which includes the weather radio and sensing technologies in rescue and recovery (b) COORDINATING COMMITTEE.—In devel- the All Hazard Alert Broadcasting Radio; operations. oping and conducting the program, the Ad- and (b) TECHNOLOGY.—The Administrator, in (H) the integration of NOAA’s Advanced ministrator shall establish a coordinating consultation with other appropriate Federal Weather Interactive Processing System with committee comprising representatives of agencies, shall investigate the potential for other technologies. Federal agencies and other governmental en- improved technology for tsunami and other (4) FEDERAL COOPERATION.—In deploying tities involved in tsunami mitigation and re- hazard warnings by incorporating into the and maintaining detection buoys utilized in sponse, including— existing system a full range of options for the tsunami warning system, the Adminis- (1) the National Oceanic and Atmospheric providing those warnings to the public. trator should leverage the assistance and as- Administration; SEC. 6. TSUNAMI SYSTEM UPGRADE AND MOD- sets of the United States Coast Guard, the (2) the United States Geological Survey; ERNIZATION. Navy, and other Federal agency assets in the (3) the National Science Foundation; (a) SYSTEM UPGRADES.—The Administrator region. Within 180 days after the date of en- (4) the National Institute of Standards and of the National Oceanic and Atmospheric Ad- actment of this Act, the Administrator shall Technology; and ministration shall— provide a report to the Senate committee on (5) affected coastal States and territories. (1) authorize and direct the immediate re- Commerce, Science, and Transportation, the (c) PROGRAM COMPONENTS.—The program pair of existing deep ocean detection buoys House of Representatives Committee on shall— and related components of the system;

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7921 (2) ensure the deployment of an array of tection, forecast, and warning system oper- State, shall seek funding assistance from deep ocean detection buoys capable of car- ated by the National Oceanic and Atmos- participating nations needed to ensure estab- rying multi-observation technology in the pheric Administration under this Act to as- lishment of a fully functional global tsunami regions described in section 3(a) of this Act; sess further modernization and coverage warning system. (3) ensure expansion or upgrade of the seis- needs, as well as long-term operational reli- (f) RECEIPT OF INTERNATIONAL REIMBURSE- mic monitoring and tide gauge networks in ability issues, taking into account measures MENT AUTHORIZED.—The Administrator may the regions described in section 3(a); and implemented under this Act, and transmit a accept payment to, or reimbursement of, the (4) complete the upgrades not later than report containing its recommendations, in- National Oceanic and Atmospheric Adminis- December 31, 2007. cluding an estimate of the costs of imple- tration in cash or in kind from international (b) TRANSFER OF TECHNOLOGY; MAINTE- menting those recommendations, to the Sen- organizations and foreign authorities, or NANCE AND UPGRADES.—In carrying out this ate Committee on Commerce, Science, and payment or reimbursement made on behalf section, the Administrator shall— Transportation and the House of Representa- of such an authority, for expenses incurred (1) promulgate specifications and stand- tives Committee on Science within 24 by the Administrator in carrying out any ac- ards for forecast, detection, and warning sys- months after the date of enactment of this tivity under this Act. Any such payments or tems, including detection equipment; Act. reimbursements shall be considered a reim- (2) develop and execute a plan for the SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGA- bursement to the appropriated funds of the transfer of technology from ongoing research TION NETWORK. Administration. to long-term operations; (a) INTERNATIONAL TSUNAMI WARNING SYS- SEC. 8. COASTAL COMMUNITY VULNERABILITY (3) ensure that detection equipment is TEM.—The Administrator of the National AND ADAPTATION PROGRAM. maintained in operational condition to ful- Oceanic and Atmospheric Administration, in (a) ESTABLISHMENT.—The Administrator of fill the forecasting, detection and warning coordination with other members of the the National Oceanic and Atmospheric Ad- requirements of the regional tsunami detec- United States Interagency Committee of the ministration shall establish an integrated tion and warning systems; National Tsunami Mitigation Program, shall coastal vulnerability and adaptation pro- (4) obtain, to the greatest extent prac- provide technical assistance and advice to gram focused on improving the resilience of coastal communities to natural hazards and ticable, priority treatment in budgeting for, the Intergovernmental Oceanographic Com- disasters. The program shall be regional in acquiring, transporting, and maintaining mission of UNESCO, the World Meteorolog- nature, build upon and integrate existing weather sensors, tide gauges, water level ical Organization, the Group on Earth Obser- Federal and State programs, and provide us- gauges, and tsunami buoys incorporated into vations, and other international entities, as able products that will improve preparedness the system including obtaining ship time; part of international efforts to develop a of communities, businesses, and government and fully functional global tsunami warning sys- entities. The program may include the fol- (5) ensure integration of the tsunami de- tem comprised of regional tsunami warning lowing activities: tection system with other United States and networks, modeled on the International Tsu- (1) Development of multi-hazard vulner- global ocean and coastal observation sys- nami Warning System of the Pacific, and ability maps to characterize and assess risks tems, the Global Earth Observation System consistent with the 10-year implementation of coastal communities to a range of natural of Systems, global seismic networks, and the plan for the Global Earth Observation Sys- hazards and provide a baseline for assessing Advanced National Seismic System. tem of Systems. future risks. (c) CERTIFICATION.—Amounts appropriated (b) INTERNATIONAL TSUNAMI INFORMATION for any fiscal year pursuant to section 9 to CENTER.—The Administrator shall operate (2) Multi-disciplinary vulnerability assess- carry out this section may not be obligated an International Tsunami Information Cen- ment research and education that will help or expended for the acquisition of services ter to improve tsunami preparedness for all integrate risk management with community for construction or deployment of tsunami Pacific Ocean nations participating in the development planning and policies. detection equipment unless the Adminis- International Tsunami Warning System of (3) Risk management and leadership train- trator certifies in writing to the Senate the Pacific, and which may also provide such ing for the public, local officials, and institu- Committee on Commerce, Science, and assistance to other nations participating in a tions that will enhance understanding and Transportation, the House of Representa- global tsunami warning system established preparedness. tives Committee on Science, and the House through the International Oceanographic (4) Risk assessment technology develop- of Representatives Committee on Resources Committee of UNESCO. As part of its re- ment, including research and development of within 60 calendar days after the date on sponsibilities in the Pacific, the Center emerging technologies and practical applica- which the President submits the Budget of shall— tion of existing or emerging technologies, the United States for that fiscal year to the (1) monitor international tsunami warning such as modeling, remote sensing, geospatial Congress that— activities in the Pacific; technology, engineering, and observing sys- (1) each contractor for such services has (2) assist member states in establishing na- tems. met the requirements of the contract for tional warning systems, and make informa- (5) Risk management data and information such construction or deployment; tion available on current technologies for services, including access to data and prod- (2) the equipment to be constructed or de- tsunami warning systems; ucts derived from observing and detection ployed is capable of becoming fully oper- (3) maintain a library of materials to pro- systems, as well as development and mainte- ational without the obligation or expendi- mulgate knowledge about tsunamis in gen- nance of new integrated data products that ture of additional appropriated funds; and eral and for use by the scientific community; would support risk assessment and risk man- (3) the Administrator does not reasonably and agement programs. foresee unanticipated delays in the deploy- (4) disseminate information, including edu- (6) Risk notification systems that coordi- ment and operational schedule specified in cational materials and research reports. nate with and build upon existing systems the contract. (c) TECHNICAL ASSISTANCE.—In carrying and actively engage policy officials, govern- (d) CONGRESSIONAL NOTIFICATIONS.—The out this section, the Administrator— ment agencies, businesses, communities, Administrator shall notify the Senate Com- (1) shall give priority to assisting nations non-governmental organizations, and the mittee on Commerce, Science, and Transpor- in identifying vulnerable coastal areas, cre- media. tation, the House of Representatives Com- ating inundation maps, obtaining or design- (b) REGIONAL PILOT PROJECTS.— mittee on Science, and the House of Rep- ing real-time detection and reporting equip- (1) IN GENERAL.—Within 1 year after the resentatives Committee on Resources of— ment, and establishing communication and date of enactment of this Act, the Adminis- (1) impaired regional detection coverage warning networks and contact points in each trator shall, in consultation with the appro- due to equipment or system failures; and vulnerable nation; priate Federal, State, tribal, and local gov- (2) significant contractor failures or delays (2) may establish a process for transfer of ernmental entities, establish 3 pilot projects in completing work associated with the tsu- detection and communication technology to to conduct regional assessments of the vul- nami detection and warning system. affected nations for the purposes of estab- nerability of coastal areas of the United (e) ANNUAL REPORT.—The Administrator lishing the international tsunami warning States to hazards associated with tsunami shall transmit an annual report to the Sen- system; and and other natural hazards or coastal disas- ate Committee on Commerce, Science, and (3) shall provide technical and other assist- ters. Priority shall be given to collaborative Transportation and the House of Representa- ance to support international tsunami edu- partnership proposals from regionally-based tives Committee on Science the status of the cation, response, vulnerability, and adapta- multi-organizational coalitions. In preparing tsunami detection and warning system, in- tion programs. the regional assessments, the Administrator cluding accuracy, false alarms, equipment (d) DATA-SHARING REQUIREMENT.—The Ad- shall collect and compile current informa- failures, improvements over the previous ministrator may not provide assistance tion on tsunami and other natural hazards or year, and goals for further improvement (or under this section for any region unless all coastal disasters. plans for curing failures) of the system, as affected nations in that region participating (2) SCOPE.—Regional assessments under the well as progress and accomplishments of the in the tsunami warning network agree to pilot program shall include an evaluation national tsunami hazard mitigation pro- share relevant data associated with the de- of— gram. velopment and operation of the network. (A) the social impacts associated with (f) EXTERNAL REVIEW.—The National Acad- (e) FUNDING ASSISTANCE.—The Adminis- threats to and potential losses of housing, emy of Science shall review the tsunami de- trator, in coordination with the Secretary of communities, and infrastructure;

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AUTHORIZATION OF APPROPRIATIONS. of timely, quality, long-term global observa- water encroachment, and species migration; There are authorized to be appropriated to tions as a basis for sound decision-making, (C) the economic impact on local, State, the Administrator of the National Oceanic recognizing the contribution of observation tribal, and regional economies, including the and Atmospheric Administration— systems to meet national, regional, and glob- impact on coastal infrastructure and the (1) $35,000,000 for each of fiscal years 2006 al needs, and calling for strengthened co- abundance or distribution of economically through 2012 to carry out this Act (other operation and coordination in establishing a important living marine resources; and than section 8); and Global Earth Observation System of Sys- (D) opportunities to enhance the resilience (2) $5,000,000 for each of such fiscal years to tems, of which an integrated ocean and of at-risk communities, economic sectors, carry out section 8, of which at least coastal observing system is an essential and natural resources. $3,000,000 for each fiscal year shall be used to part. (c) SELECTION CRITERIA.—The Adminis- carry out the pilot projects authorized by (b) PURPOSES.—The purposes of this Act trator shall rely on the following criteria in section 8(b). are to provide for— identifying appropriate regional pilot (1) the planning, development, and mainte- projects: nance of an integrated ocean and coastal ob- (1) Vulnerability to tsunami and other nat- SA 1102. Mr. MCCONNELL (for Mr. serving system that provides the data and ural hazards or coastal disasters. STEVENS (for himself and Mr. INOUYE)) information to sustain and restore healthy (2) Dependence on economic sectors and proposed an amendment to the bill S. marine and Great Lakes ecosystems and the natural resources that are particularly sen- 361, to develop and maintain an inte- resources they support, enable advances in sitive to coastal hazards. grated system of ocean and coastal ob- scientific understanding of the oceans and (3) Opportunities to link and leverage re- servations for the Nation’s coasts, the Great Lakes, and strengthen science edu- lated regional risk observation, research, oceans and Great Lakes, improve warn- cation and communication; forecasting, assessment, educational and ings of tsunamis and other natural haz- (2) implementation of research, develop- risk management programs. ment, education, and outreach programs to (4) Demonstration of strong, interagency ards, enhance homeland security, sup- improve understanding of the oceans and collaboration in the area of risk manage- port maritime operations, and for Great Lakes and achieve the full national ment for tsunami and other natural hazards other purposes; as follows: benefits of an integrated ocean and coastal or coastal disasters. SECTION 1. SHORT TITLE. observing system; (5) Access to NOAA and other Federal This Act may be cited as the ‘‘Ocean and (3) implementation of a data and informa- agency programs, facilities, and infrastruc- Coastal Observation System Act of 2005’’. tion management system required by all ture related to tsunami and other coastal SEC. 2. FINDINGS AND PURPOSES. components of an integrated ocean and hazards monitoring, warning, forecasting, re- coastal observing system and related research assessment, and data management. (a) FINDINGS.—Congress finds the fol- (d) REGIONAL ADAPTATION PLANS.—The Ad- lowing: search to develop early warning systems and ministrator shall, within 3 years after the (1) Ocean and coastal observations provide insure usefulness of data and information for commencement of each project under sub- vital information for protecting human lives users; and section (b), submit to the Congress regional and property from marine hazards, pre- (4) establishment of a system of regional adaptation plans— dicting weather, improving ocean health and ocean, coastal, and Great Lakes observing (1) based on the information contained in providing for the protection and enjoyment systems to address local needs for ocean in- the regional assessments conducted under of the resources of the Nation’s coasts, formation. subsection (b); oceans, and Great Lakes. SEC. 3. DEFINITIONS. (2) The continuing and potentially dev- (2) developed with the participation of In this Act: astating threat posed by tsunamis, hurri- other Federal agencies, State, tribal, and (1) COUNCIL.—The term ‘‘Council’’ means canes, storm surges, and other marine haz- local government agencies, and non-govern- the National Ocean Research Leadership ards requires immediate implementation of mental entities (including academia and the Council. strengthened observation and data manage- private sector) that will be critical in the (2) OBSERVING SYSTEM.—The term ‘‘observ- ment systems to provide timely detection, implementation of the plan at the State, ing system’’ means the integrated coastal, assessment, and warnings to the millions of tribal, and local levels; ocean and Great Lakes observing system to people living in coastal regions of the United (3) that recommend targets and strategies be established by the Committee under sec- States and throughout the world. to address impacts associated with tsunami tion 4(a). (3) The 95,000-mile coastline of the United and other natural hazards or coastal disas- (3) INTERAGENCY PROGRAM OFFICE.—The States, including the Great Lakes, is vital to ters; term ‘‘interagency program office’’ means the Nation’s prosperity, contributing over (4) that include recommendations for both the office established under section 4(d). short- and long-term adaptation strategies; $117 billion to the national economy in 2000, and supporting jobs for more than 200 million SEC. 4. INTEGRATED OCEAN AND COASTAL OB- (5) that include recommendations on— Americans, and supporting commercial and SERVING SYSTEM. (A) Federal flood insurance program modi- sport fisheries valued at more than $50 bil- (a) ESTABLISHMENT.—The President, acting fications; lion annually. through the Council, shall establish and (B) areas that have been identified as high (4) Responding to coastal hazards and man- maintain an integrated system of ocean and risk through mapping and assessment; aging fisheries and other coastal activities coastal observations, data communication (C) enhancing the effectiveness of State require improved monitoring of the Nation’s and management, analysis, modeling, re- coastal zone management programs in miti- waters and coastline, including the ability to search, education, and outreach designed to gating or preventing coastal risks; provide rapid response teams with real-time provide data and information for the timely (D) mitigation incentives such as rolling environmental conditions necessary for their detection and prediction of changes occur- easements, strategic retreat, State or Fed- work. ring in the ocean, coastal and Great Lakes eral acquisition in fee simple or other inter- (5) While knowledge of the ocean and environment that impact the Nation’s social, est in land, construction standards, and zon- coastal environment and processes is far economic, and ecological systems. The ob- ing; from complete, advances in sensing tech- serving system shall provide for long-term, (E) land and property owner education; nologies and scientific understanding have continuous and quality-controlled observa- (F) economic planning for small commu- made possible long-term and continuous ob- tions of the coasts, oceans, and Great Lakes nities dependent upon affected coastal reservation from shore, from space, and in situ for the following purposes: sources, including fisheries; and of ocean and coastal characteristics and con- (1) Improving the health of the Nation’s (G) funding requirements and mechanisms. ditions. coasts, oceans, and Great Lakes. (e) TECHNICAL PLANNING AND FINANCIAL AS- (6) Many elements of an ocean and coastal (2) Protecting human lives and livelihoods SISTANCE.—The Administrator, through the observing system are in place, but require from hazards such as tsunamis, hurricanes, National Ocean Service, shall establish a co- national investment, consolidation, comple- coastal erosion, and fluctuating Great Lakes ordinated program— tion, and integration at Federal, regional, water levels. (1) to provide technical planning assistance State, and local levels. (3) Understanding the effects of human ac- and financial assistance to coastal States, (7) The Commission on Ocean Policy rec- tivities and natural variability on the state tribes, and local governments as they de- ommends a national commitment to a sus- of the coasts, oceans, and Great Lakes and velop and implement adaptation or mitiga- tained and integrated ocean and coastal ob- the Nation’s socioeconomic well-being. tion strategies and plans under this section; serving system and to coordinated research (4) Providing for the sustainable use, pro- and programs in order to assist the Nation and tection, and enjoyment of ocean, coastal, (2) to make products, information, tools, the world in understanding the oceans, im- and Great Lakes resources. and technical expertise generated from the proving weather forecasts, strengthening (5) Providing information that can support development of the regional assessment and management of ocean and coastal resources, the eventual implementation and refinement the regional adaptation plan available to and mitigating marine hazards. of ecosystem-based management.

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App. 781 et seq.), (7) Supporting research and development tocols for data management and communica- any regional ocean and coastal observing to ensure continuous improvement to ocean, tions, including quality standards, in con- system that is a designated part of a re- coastal, and Great Lakes observation meas- sultation with participating Federal agen- gional association certified under this sec- urements and to enhance understanding of cies and regional associations; tion shall, in carrying out the purposes of the Nation’s ocean, coastal, and Great Lakes (4) develop a process for the certification of this Act, be deemed to be part of the Na- resources. the regional associations and their periodic tional Oceanic and Atmospheric Administra- (b) SYSTEM ELEMENTS.—In order to fulfill review and recertification; tion, and any employee of such system, while the purposes of this Act, the observing sys- (5) establish an external technical com- acting within the scope of his or her employ- tem shall consist of the following program mittee to provide biennial review of the ob- ment in carrying out such purposes, shall be elements: serving system; and deemed to be an employee of the Govern- (1) A national program to fulfill national (6) provide for opportunities to partner or ment. observation priorities, including the Nation’s contract with private sector companies in SEC. 5. RESEARCH, DEVELOPMENT, AND EDU- ocean contribution to the Global Earth Ob- deploying ocean observation system ele- CATION. servation System of Systems and the Global ments. The Council shall establish programs for Ocean Observing System. (e) LEAD FEDERAL AGENCY.—The National research, development, education, and out- (2) A network of regional associations to Oceanic and Atmospheric Administration reach for the ocean and coastal observing manage the regional ocean and coastal ob- shall be the lead Federal agency for imple- system, including projects under the Na- serving and information programs that col- mentation and operation of the observing tional Oceanographic Partnership Program, lect, measure, and disseminate data and in- system. Based on the plans prepared by the consisting of the following: formation products to meet regional needs. interagency program office and adopted by (1) Basic research to advance knowledge of (3) A data management and dissemination the Council, the Administrator of the Na- ocean and coastal systems and ensure con- system for the timely integration and dis- tional Oceanic and Atmospheric Administra- tinued improvement of operational products, semination of data and information products tion shall— including related infrastructure and observ- from the national and regional systems. (1) coordinate implementation, operation ing technology. (4) A research and development program and improvement of the observing system; (2) Focused research projects to improve conducted under the guidance of the Council. (2) establish efficient and effective admin- understanding of the relationship between (5) An outreach, education, and training istrative procedures for allocation of funds the coasts and oceans and human activities. program that augments existing programs, among Federal agencies and regional asso- (3) Large scale computing resources and re- such as the National Sea Grant College Pro- ciations in a timely manner and according to search to advance modeling of ocean and gram, the Centers for Ocean Sciences Edu- the budget adopted by the Council; coastal processes. cation Excellence program, and the National (3) implement and maintain appropriate (4) A coordinated effort to build public edu- Estuarine Research Reserve System, to en- elements of the observing system; cation and awareness of the ocean and coast- sure the use of the data and information for (4) provide for the migration of scientific al environment and functions that integrates improving public education and awareness of and technological advances from research ongoing activities such as the National Sea the Nation’s oceans and building the tech- and development to operational deployment; Grant College Program, the Centers for nical expertise required to operate and im- (5) integrate and extend existing programs Ocean Sciences Education Excellence, and prove the observing system. and pilot projects into the operational obser- the National Estuarine Research Reserve (c) COUNCIL FUNCTIONS.—In carrying out vation system; System. responsibilities under this section, the Coun- (6) certify regional associations that meet SEC. 6. INTERAGENCY FINANCING. cil shall— the requirements of subsection (f); and The departments and agencies represented (1) serve as the oversight body for the de- (7) integrate the capabilities of the Na- on the Council are authorized to participate sign and implementation of all aspects of the tional Coastal Data Development Center and in interagency financing and share, transfer, observing system; the Coastal Services Center of the National receive, obligate, and expend funds appro- (2) adopt plans, budgets, and standards Oceanic and Atmospheric Administration, priated to any member of the Council for the that are developed and maintained by the and other appropriate centers, into the ob- purposes of carrying out any administrative interagency program office in consultation serving system for the purpose of assimi- or programmatic project or activity under with the regional associations; lating, managing, disseminating, and this Act or under the National Oceano- (3) coordinate the observing system with archiving data from regional observation graphic Partnership Program, including sup- other earth observing activities including systems and other observation systems. port for the interagency program office, a the Global Ocean Observing System and the (f) REGIONAL ASSOCIATIONS OF OCEAN AND common infrastructure, and system integra- Global Earth Observing System of Systems; COASTAL OBSERVING SYSTEMS.—The Adminis- tion for a ocean and coastal observing sys- (4) coordinate and administer programs of trator of the National Oceanic and Atmos- tem. Funds may be transferred among such research, development, education, and out- pheric Administration may certify one or departments and agencies through an appro- reach to support improvements to and the more regional associations to be responsible priate instrument that specifies the goods, operation of an integrated ocean and coastal for the development and operation of re- services, or space being acquired from an- observing system and to advance the under- gional ocean and coastal observing systems other Council member and the costs of the standing of the oceans; to meet the information needs of user groups same. (5) establish pilot projects to develop tech- in the region while adhering to national SEC. 7. APPLICATION WITH OUTER CONTI- nology and methods for advancing the devel- standards. To be certifiable by the Adminis- NENTAL SHELF LANDS ACT. opment of the observing system; trator, a regional association shall— Nothing in this Act supersedes, or limits (6) provide, as appropriate, support for and (1) demonstrate an organizational struc- the authority of the Secretary of the Inte- representation on United States delegations ture capable of supporting and integrating rior under the Outer Continental Shelf Lands to international meetings on ocean and all aspects of ocean and coastal observing Act (43 U.S.C. 1331 et seq.). coastal observing programs; and and information programs within a region; SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (7) in consultation with the Secretary of (2) operate under a strategic operations There are authorized to be appropriated to State, coordinate relevant Federal activities and business plan that details the operation the National Oceanic and Atmospheric Ad- with those of other nations. and support of regional ocean and coastal ob- ministration for the implementation of an (d) INTERAGENCY PROGRAM OFFICE.—The serving systems pursuant to the standards integrated ocean and coastal observing sys- Council shall establish an interagency pro- established by the Council; tem under section 4, and the research and de- gram office to be known as ‘‘OceanUS’’. The (3) provide information products for mul- velopment program under section 5, includ- interagency program office shall be respon- tiple users in the region; ing financial assistance to the interagency sible for program planning and coordination (4) work with governmental entities and program office, the regional associations for of the observing system. The interagency programs at all levels within the region to the implementation of regional ocean and program office shall— provide timely warnings and outreach to coastal observing systems, and the depart- (1) prepare annual and long-term plans for protect the public; and ments and agencies represented on the Coun- consideration by the Council for the design (5) meet certification standards developed cil, $150,000,000 for each of fiscal years 2006 and implementation of the observing system by the interagency program office in con- through 2010. At least 50 percent of the sums that promote collaboration among Federal junction with the regional associations and appropriated for the implementation of the agencies and regional associations in devel- approved by the Council. integrated ocean and coastal observing sys- oping the global and national observing sys- Nothing in this Act authorizes a regional as- tem under section 4 shall be allocated to the tems, including identification and refine- sociation to engage in lobbying activities (as regional associations certified under section ment of a core set of variables to be meas- defined in section 3(7) of the Lobbying Dis- 4(f) for implementation of regional ocean and ured by all systems; closure Act of 1995 (2 U.S.C. 1602(7)). coastal observing systems. Sums appro- (2) coordinate the development of agency (g) CIVIL LIABILITY.—For purposes of sec- priated pursuant to this section shall remain priorities and budgets for implementation of tion 1346(b)(1) and chapter 171 of title 28, available until expended.

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7924 CONGRESSIONAL RECORD — SENATE July 1, 2005 SEC. 9. REPORTING REQUIREMENT. the Dirksen Senate Office Building in The PRESIDING OFFICER. Without Not later than March 31, 2010, the Presi- Washington, DC. objection, it is so ordered. dent, acting through the Council, shall The purpose of this hearing is to con- The nominations considered and con- transmit to Congress a report on the programs established under sections 4 and 5. sider the nominations of: R. Thomas firmed are as follows: The report shall include a description of ac- Weimer, of Colorado, to be an Assistant DEPARTMENT OF AGRICULTURE tivities carried out under the programs, an Secretary of the Interior, and Mark A. Richard A. Raymond, of Nebraska, to be evaluation of the effectiveness of the pro- Limbaugh, of Idaho to be an Assistant Under Secretary of Agriculture for Food grams, and recommendations concerning re- Secretary of the Interior. Safety. authorization of the programs and funding DEPARTMENT OF JUSTICE levels for the programs in succeeding fiscal f years. James B. Letten, of Louisiana, to be MEASURE READ THE FIRST United States Attorney for the Eastern Dis- SA 1103. Mr. MCCONNELL (for Mr. TIME—H.R. 748 trict of Louisiana for the term of four years. STEVENS (for himself and Mr. INOUYE) Mr. MCCONNELL. Mr. President, I Rod J. Rosenstein, of Maryland, to be proposed an amendment to the bill S. understand there is a bill at the desk, United States Attorney for the District of Maryland for the term of four years. 361, to develop and maintain an inte- and I ask for its first reading. grated system of ocean and coastal ob- The PRESIDING OFFICER. The f servations for the Nation’s coasts, clerk will read the title of the bill for LEGISLATIVE SESSION oceans and Great Lakes, improve warn- the first time. The PRESIDING OFFICER. The Sen- ings of tsunamis and other natural haz- The legislative clerk read as follows: ards, enhance homeland security, sup- ate will now return to legislative ses- A bill (H.R. 748) to amend Title 18, United sion. port maritime operations, and for States Code, to prevent the transportation of other purposes; as follows: minors in circumvention of certain laws re- f Amend the title so as to read ‘‘A bill to de- lating to abortion, and for other purposes. APPOINTMENT OF CONFEREES— velop and maintain an integrated system of Mr. MCCONNELL. Mr. President, I H.R. 6 ocean and coastal observations for the Na- ask for a second reading and, in order tion’s coasts, oceans and Great Lakes, im- Mr. MCCONNELL. Mr. President, I prove warnings of tsunamis and other nat- to place the bill on the calendar under ask unanimous consent that with re- ural hazards, and for other purposes.’’. rule XIV, I object to my own request. spect to H.R. 6, the Energy bill, the The PRESIDING OFFICER. Objec- Senate insist on its amendment, re- SA 1104. Mr. ENSIGN submitted an tion is heard. The bill will proceed to a quest a conference with the House, and amendment intended to be proposed by second reading on the next legislative the Chair be authorized to appoint con- him to the bill H.R. 2360, making ap- day. propriations for the Department of ferees on the part of the Senate with Homeland Security for the fiscal year f an 8-to-6 ratio. The PRESIDING OFFICER. Without ending September 30, 2006, and for UNANIMOUS CONSENT objection, it is so ordered. other purposes; which was ordered to AGREEMENT—H.R. 2360 lie on the table; as follows: The Chair appointed from the Com- On page 69, line 12, after ‘‘presence:’’, in- Mr. MCCONNELL. Mr. President, I mittee on Energy and Natural Re- sert the following: ‘‘Provided further, That of ask unanimous consent that on Mon- sources, Mr. DOMENICI, Mr. CRAIG, Mr. the amount made available under this head- day, July 11, the Senate proceed to the THOMAS, Mr. ALEXANDER, Ms. MUR- ing, an amount shall be available for the consideration of calendar No. 129, H.R. KOWSKI, Mr. BURR, Mr. BINGAMAN, Mr. Transportation Security Administration to 2360, the Homeland Security Appropria- AKAKA, Mr. DORGAN, Mr. WYDEN, Mr. develop a plan to research, test, and imple- tions bill. I further ask that the com- JOHNSON; and from the Committee on ment multi compartment bins to screen pas- mittee-reported amendment be agreed senger belongings at security checkpoints: ’’ Finance, Mr. GRASSLEY, Mr. HATCH, to and considered as original text for and Mr. BAUCUS conferees on the part f the purpose of further amendment, and of the Senate. NOTICES OF HEARINGS/MEETINGS that all first-degree amendments be UNANIMOUS CONSENT AGREEMENT—S. RES. 186, filed at the desk by 4 p.m. on Monday, S. RES. 187, S. RES. 188, S. RES. 189, AND S. RES. COMMITTEE ON ENERGY AND NATURAL July 11, with the exception of amend- 190 RESOURCES ments to be proposed by the leaders. I Mr. DOMENICI. Mr. President, I Mr. MCCONNELL. Mr. President, I further ask that first-degree amend- would like to announce for the infor- ask unanimous consent that the Sen- ments be subject to relevant second de- mation of the Senate and the public ate proceed en bloc to the consider- grees and no points of order be waived that a hearing has been scheduled be- ation of the following resolutions: S. by this agreement. fore the Committee on Energy and Nat- Res. 186, S. Res. 187, S. Res. 188, S. Res. The PRESIDING OFFICER. Without ural Resources. 189, and S. Res. 190. The hearing will take place on Tues- objection, it is so ordered. The PRESIDING OFFICER. Without day, July 12 at 10 a.m. in room 366 of f objection, the Senate will proceed en the Dirksen Senate Office Building in bloc. EXECUTIVE SESSION Washington, DC. Mr. MCCONNELL. Mr. President, I The purpose of this hearing is to con- ask unanimous consent that the reso- sider the nominations of: Jill L. Sigal, lutions be agreed to, the preambles be EXECUTIVE CALENDAR of Wyoming, to be Assistant Secretary agreed to, and the motions to recon- of Energy for Congressional and Inter- Mr. MCCONNELL. Mr. President, I sider be laid upon the table, all en bloc. governmental Affairs, David R. Hill, of ask unanimous consent that the Sen- The PRESIDING OFFICER. Without Missouri, to be General Counsel of the ate proceed to executive session; pro- objection, it is so ordered. Department of Energy, and James A. vided further, that the Agriculture f Rispoli, of Virginia, to be Assistant Committee be discharged from further AFFIRMING THE IMPORTANCE OF Secretary of Energy for Environmental consideration of the following nomina- A NATIONAL WEEKEND OF Management. tion: Richard Raymond; provided fur- PRAYER COMMITTEE ON ENERGY AND NATURAL ther that the Senate proceed to its con- RESOURCES sideration and the following nomina- The resolution (S. Res. 186) was Mr. DOMENICI. Mr. President, I tions on the calendar en bloc: 192 and agreed to. would like to announce for the infor- 193. I further ask that the nominations The preamble was agreed to. mation of the Senate and the public be confirmed en bloc, the motions to The resolution, with its preamble, that a hearing has been scheduled be- reconsider be laid upon the table, the reads as follows: fore the Committee on Energy and Nat- President being immediately notified S. RES. 186 ural Resources. of the Senate’s action, a colloquy be Affirming the importance of a national The hearing will take place on Thurs- printed in the RECORD, and the Senate weekend of prayer for the victims of geno- day, July 14 at 10 a.m. in room 366 of resume legislative session. cide and crimes against humanity in Darfur,

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7925 Sudan, and expressing the sense of the Sen- SECTION 1. AUTHORIZATION OF TAKING OF CONGRATULATING MICHAEL ate that July 15 through 17, 2005, should be VIDEO IMAGES IN SENATE CHAM- CAMPBELL ON HIS VICTORY IN BER. designated as a national weekend of prayer THE U.S. OPEN and reflection for the people of Darfur. (a) AUTHORIZATION.—Subject to subsection Whereas, on July 22, 2004, Congress de- (b), paragraph 1 of rule IV of the Rules for The resolution (S. Res. 189) was clared that genocide was taking place in the Regulation of the Senate Wing of the agreed to. Darfur, Sudan; United States Capitol and Senate Office The preamble was agreed to. Whereas, on September 9, 2004, Secretary Buildings (prohibiting the taking of pictures The resolution, with its preamble, in the Senate Chamber) is temporarily sus- of State Colin L. Powell testified to the Sen- reads as follows: ate Committee on Foreign Relations that pended for the purpose of permitting the C– ‘genocide has been committed in Darfur’; SPAN television network to take, during a S. RES. 189 Whereas, on September 21, 2004, President period the Senate is in recess, video images Whereas on June 19, 2005, Michael Camp- George W. Bush stated to the United Nations of the Senate Chamber. bell, a citizen of New Zealand, won the General Assembly that ‘the world is wit- (b) LIMITATION ON USE OF IMAGES.—The C– United States Golf Association’s Open Cham- nessing terrible suffering and horrible crimes SPAN television network may use video im- pionship (‘‘U.S. Open’’); in the Darfur region of Sudan, crimes my ages taken under subsection (a) solely for in- Whereas the U.S. Open was held at Pine- government has concluded are genocide’; clusion in a documentary on the history of hurst No. 2, one of the most storied and dif- Whereas Article 1 of the Convention on the the United States Capitol which the network ficult courses in professional golf; Prevention and Punishment of the Crime of is preparing. Whereas Michael Campbell’s even par 280 Genocide, done at Paris December 9, 1948, (c) ARRANGEMENTS.—The Sergeant at Arms was 2 strokes better than any other golfer in and entered into force January 12, 1951, and Doorkeeper of the Senate shall make the the field; states that ‘[t]he Contracting Parties con- necessary arrangements to carry out this Whereas Michael Campbell showed great firm that genocide, whether committed in resolution, including such arrangements as perseverance and resolve by becoming the time of peace or in time of war, is a crime are necessary to ensure that the taking of first golfer to come from behind to win the under international law which they under- video images under this resolution does not U.S. Open in 7 years; take to prevent and to punish’; disrupt any proceeding of the Senate. Whereas Michael Campbell became the Whereas fundamental human rights, in- f first New Zealander to win one of golf’s 4 cluding the right to freedom of thought, con- major tournaments since Bob Charles won science, and religion, are protected in nu- AUTHORIZING REPRESENTATION the British Open in 1963; merous international agreements and dec- BY SENATE LEGAL COUNSEL Whereas New Zealand has long been a larations; The resolution (S. Res. 188) was prominent fixture on the stage of inter- Whereas the United Nations Security national sports, winning 2 of the last 3 Amer- Council, in Security Council Resolution 1591, agreed to. The preamble was agreed to. ica’s Cup yacht races and 3 gold medals and condemned the ‘continued violations of the 2 silver medals at the 2004 Summer Olympic N’djamena Ceasefire Agreement of 8 April The resolution, with its preamble, Games in Athens, Greece; 2004 and the Abuja Protocols of 9 November reads as follows: Whereas the competitive spirit and success 2004 by all sides in Darfur and the deteriora- S. RES. 188 of these athletes is reflective of the bravery tion of the security situation and negative Whereas, the United States Congress has and skill of New Zealand’s seagoing indige- impact this has had on humanitarian assist- been named as a defendant in the case of nous explorers, the Maori, of whom Michael ance efforts’; LaFreniere v. Congress of the United States, Campbell is a descendent; Whereas President Bush declared on June Civ. No. 05–1368, pending in the United States Whereas Michael Campbell’s Maori-Scot- 30, 2005, ‘‘Yet the violence in Darfur region is District Court for the Northern District of tish heritage is representative of the great clearly genocide. The human cost is beyond California; cooperation between, and harmonious blend- calculation.’’ Whereas, pursuant to sections 703(a) and ing of, Polynesian and European cultures; Whereas it is estimated that more than 704(a)(1) of the Ethics in Government Act of Whereas New Zealand was a staunch ally 2,000,000 people have been displaced from 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the in every major conflict of the 20th Century their homes and remain in camps in Darfur, Senate may direct its counsel to defend in and its people made heroic efforts and enor- Chad, and elsewhere; civil actions the Senate when there is placed mous sacrifices to help protect freedom and Whereas while United States government in issue the validity of any action taken by democracy throughout the world; assistance and African Union monitoring has the Senate in its official capacity; Whereas New Zealand has contributed reg- mitigated violence in some regions of Whereas, pursuant to section 708(c) of the ularly to international peacekeeping oper- Darfur, religious leaders, genocide survivors, Ethics in Government Act of 1978, 2 U.S.C. ations, remains steadfast in their alliance in and world leaders have expressed grave con- § 288g(c), the Senate may direct its counsel to the fight against terrorism and extremism, cern, over the atrocities still occurring there perform other duties: Now, therefore, be it and continues to assist in the reconstruction and for the thousands that may still be Resolved, That the Senate Legal Counsel, of Iraq and Afghanistan; and dying; and in conjunction with counsel for the House of Whereas New Zealand remains a close ally: Whereas it is appropriate that the people Representatives, is authorized to represent Now, therefore, be it of the United States, leaders and citizens the United States Congress in the case of Resolved, That the Senate— alike, unite in prayer for the people of LaFreniere v. Congress of the United States. (1) commends Michael Campbell for his Darfur and reflect upon the situation in Mr. FRIST. Mr. President, this reso- outstanding achievement in winning the U.S. Darfur: Now, therefore, be it Open; Resolved, That it is the sense of the Sen- lution concerns a pro se civil action (2) celebrates Michael Campbell’s victory ate— filed against the Congress. The plain- as a proud moment for New Zealand; (1) that the weekend of July 15 through 17, tiff contends that article III, § 2, cl. 1, (3) recognizes Michael Campbell’s victory 2005, should be designated as a National of the Constitution, which extends the as an opportunity to— Weekend of Prayer and Reflection for the (A) highlight the strong relationship and people of Darfur, Sudan; judicial power to all cases arising (2) to encourage the people of the United under the Constitution, ‘‘preempts’’ rich history between the United States and States to observe that weekend by praying the later ratified 11th amendment to New Zealand; and for an end to the genocide and crimes the Constitution, which affords the (B) foster greater collaboration and friendship between these 2 great nations; and against humanity and for lasting peace in States an immunity from certain suits. Darfur, Sudan; and (4) expresses arohanui to the peoples of Plaintiff seeks a judicial order direct- Aotearoa, our friends in the Land of the (3) to urge all churches, synagogues, ing the Congress to rescind the 11th mosques, and religious institutions in the Long White Cloud. United States to consider the people of amendment and $30 million in dam- f ages. Darfur in their activities and to observe the 100TH ANNIVERSARY OF MESA National Weekend of Prayer and Reflection This suit is subject to dismissal on with appropriate activities and services. numerous threshold grounds, including VERDE NATIONAL PARK f lack of constitutional standing, sov- The resolution (S. Res. 190) was ereign and legislative immunity, and agreed to. AUTHORIZING THE TAKING OF the political question doctrine, as well The preamble was agreed to. VIDEO IMAGES IN THE SENATE as on the merits. This resolution au- The resolution, with its preamble, CHAMBER thorizes the Senate Legal Counsel, in reads as follows: The resolution (S. Res. 187) was conjunction with counsel for the House S. RES. 190 agreed to, as follows: of Representatives, to represent the Whereas Mesa Verde National Park was S. RES. 187 Congress in this suit and to move for created 100 years ago by an Act of Congress Resolved, its dismissal. and signed into law by President Theodore

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7926 CONGRESSIONAL RECORD — SENATE July 1, 2005 Roosevelt on June 29, 1906, as the first Na- Sentencing Commission Authority Act of S. 1323 tional Park set aside to preserve the works 2005’’. Be it enacted by the Senate and House of Rep- of humankind; SEC. 2. EXTENSION OF EXISTENCE OF THE PA- resentatives of the United States of America in Whereas the more than 5,000 archeological ROLE COMMISSION. Congress assembled, sites, including over 600 cliff dwellings, pro- For purposes of section 235(b) of the Sen- SECTION 1. CONNIE HIBBS OFFICE BUILDING. tected within the 52,000-acre boundary of tencing Reform Act of 1984 (98 Stat. 2032) as (a) DESIGNATION.—The facility of the Mesa Verde National Park represent some of such section relates to chapter 311 of title 18, United States Postal Service located on the most spectacular and best-preserved pre- United States Code, and the United States Lindbald Avenue, in Girdwood, Alaska, shall historic architecture in the world; Parole Commission, each reference in such be known and designated as the ‘‘Dorothy Whereas in 1928, Congress declared the nat- section to ‘‘eighteen years’’ or ‘‘eighteen- and Connie Hibbs Post Office Building’’. ural resources of Mesa Verde National Park year period’’ shall be deemed a reference to (b) REFERENCES.—Any reference in a law, to be of such caliber as to be worthy of the ‘‘21 years’’ or ‘‘21-year period’’, respectively. map, regulation, document, paper, or other same level of protection as the cultural re- SEC. 3. PROVISION OF EMERGENCY AMENDMENT record of the United States to the facility resources therein; AUTHORITY FOR SENTENCING COM- ferred to in subsection (a) shall be deemed to Whereas 8,500 acres within Mesa Verde Na- MISSION. be a reference to the ‘‘Dorothy and Connie tional Park were designated as wilderness by In accordance with the procedure set forth Hibbs Post Office Building’’. Congress on October 20, 1976; in section 21(a) of the Sentencing Act of 1987 f Whereas on September 8, 1978, the United (Public Law 10009182), as though the author- Nations Educational, Scientific, and Cul- ity under that Act had not expired, the THE CALENDAR tural Organization (‘‘UNESCO’’) declared United States Sentencing Commission Mr. MCCONNELL. Mr. President, I Mesa Verde National Park to be 1 of 8 origi- shall— nal World Cultural Heritage Sites; (1) not later than 60 days after the date of ask unanimous consent the Senate pro- Whereas Mesa Verde National Park is part the enactment of this Act, amend the Fed- ceed to the immediate consideration of of our American heritage that is universally eral sentencing guidelines, commentary, and the following items en bloc: Calendar recognized and shared with the world; policy statements to implement section 6703 No. 70, S. 362; Calendar No. 71, S. 39; Whereas Mesa Verde National Park is the of the Intelligence Reform and Terrorism Calendar No. 75, S. 50; and Calendar No. primary driving force behind the economy of Prevention Act of 2004 (Public Law 10809458); 76, S. 361. southwestern Colorado and the Four Corners and The PRESIDING OFFICER. Without Region; (2) not later than 180 days after the date of objection, the Senate will proceed to Whereas the communities of Cortez, Dolo- the enactment of this Act, amend the Fed- res, Mancos, and Durango, Colorado, have eral sentencing guidelines, commentary, and consideration of the measures en bloc. come together to plan a year-long celebra- policy statements to implement section 3 of Mr. MCCONNELL. I ask unanimous tion worthy of this magnificent icon of the the Anabolic Steroid Control Act of 2004 consent the committee amendments, National Park System; and (Public Law 10809358). where applicable, be agreed to and con- Whereas 24 American Indian tribes recog- sidered as original text; the amend- nize Mesa Verde as their ancestral home and f ments at the desk be agreed to; the contribute a rich cultural heritage to the ex- ALICE R. BRUNSICH POST OFFICE bills, as amended, be read a third time perience of visitors to the region: Now, and passed; the motions to reconsider therefore, be it BUILDING Resolved, That the Senate— be laid on the table, en bloc; and any (1) recognizes the 100th anniversary of statements relating to the bills be Mesa Verde National Park; and DOROTHY AND CONNIE HIBBS printed in the RECORD. (2) urges all citizens of the United States POST OFFICE BUILDING The PRESIDING OFFICER. Without to join in the Centennial Celebration of Mesa objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Verde National Park by participating in the f many activities planned throughout the year ask unanimous consent that the Com- in 2006. mittee on Homeland Security and Gov- MARINE DEBRIS RESEARCH f ernmental Affairs be discharged from PREVENTION AND REDUCTION ACT UNITED STATES PAROLE COMMIS- further consideration and that the Sen- The Senate proceeded to consider the SION EXTENSION AND SEN- ate proceed to immediate consider- bill (S. 362) to establish a program TENCING COMMISSION AUTHOR- ation of the following postal naming within the National Oceanic and At- ITY ACT OF 2005 bills, en bloc: S. 1275 and S. 1323. mospheric Administration and the The PRESIDING OFFICER. Without United States Coast Guard to help Mr. MCCONNELL. Mr. President, I objection, the Senate will proceed en identify, determine sources of, assess, ask unanimous consent that the Sen- bloc. reduce, and prevent marine debris and ate proceed to the immediate consider- Mr. MCCONNELL. Mr. President, I its adverse impacts on the marine envi- ation of S. 1368, introduced earlier ask unanimous consent that the bills ronment and navigation safety, in co- today. be read a third time and passed, the ordination with non-Federal entities, The PRESIDING OFFICER. The motions to reconsider be laid upon the and for other purposes, which had been clerk will report the bill by title. table, en bloc, and that any statements reported from the Committee on Com- The legislative clerk read as follows: relating to the bills be printed in the merce, Science, and Transportation, A bill (S. 1368) to extend the existence of RECORD. with an amendment. the Parole Commission, and for other pur- The PRESIDING OFFICER. Without [Strike the part shown in black poses. objection, it is so ordered. brackets and insert the part shown in There being no objection, the Senate The bills (S. 1275 and S. 1323) were italic.] proceeded to consider the bill. read the third time and passed, as fol- S. 362 Mr. MCCONNELL. Mr. President, I lows: Be it enacted by the Senate and House of Rep- ask unanimous consent that the bill be S. 1275 resentatives of the United States of America in read a third time and passed, the mo- Be it enacted by the Senate and House of Rep- Congress assembled, tion to reconsider be laid upon the resentatives of the United States of America in SECTION 1. SHORT TITLE. table, and that any statements relating Congress assembled, This Act may be cited as the ‘‘Marine De- to the bill be printed in the RECORD. SECTION 1. ALICE R. BRUSICH POST OFFICE bris Research Prevention and Reduction The PRESIDING OFFICER. Without BUILDING. Act’’. objection, it is so ordered. (a) DESIGNATION.—The facility of the SEC. 2. FINDINGS AND PURPOSES. The bill (S. 1368) was read the third United States Postal Service located at 7172 (a) FINDINGS.—The Congress makes the fol- time and passed, as follows: North Tongass Highway, in Ward Cove, Alas- lowing findings: ka, shall be known and designated as the (1) The oceans, which comprise nearly S. 1368 ‘‘Alice R. Brusich Post Office Building’’. three quarters of the Earth’s surface, are an Be it enacted by the Senate and House of Rep- (b) REFERENCES.—Any reference in a law, important source of food and provide a resentatives of the United States of America in map, regulation, document, paper, or other wealth of other natural products that are Congress assembled, record of the United States to the facility re- important to the economy of the United SECTION 1. SHORT TITLE. ferred to in subsection (a) shall be deemed to States and the world. This Act may be cited as the ‘‘United be a reference to the ‘‘Alice R. Brusich Post (2) Ocean and coastal areas are regions of States Parole Commission Extension and Office Building’’. remarkably high biological productivity, are

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7927 of considerable importance for a variety of zone, including location, material, size, age, trative order on consent or judicial consent recreational and commercial activities, and and origin, and impacts on habitat, living decree that will remove or prevent marine provide a vital means of transportation. marine resources, human health, and naviga- debris. (3) Ocean and coastal resources are limited tion safety; (B) OTHER DECREES AND ORDERS.—The non- and susceptible to change as a direct and in- (B) measures to identify the origin, loca- Federal share of the cost of a project carried direct result of human activities, and such tion, and projected movement of marine de- out under this Act may not include any changes can impact the ability of the ocean bris within the United States navigable wa- money paid pursuant to, or the value of any to provide the benefits upon which the Na- ters, the United States exclusive economic in-kind service performed under, any other tion depends. zone, and the high seas, including the use of administrative order or court order. (4) Marine debris, including plastics, dere- oceanographic, atmospheric, satellite, and (4) ELIGIBILITY.—Any natural resource lict fishing gear, and a wide variety of other remote sensing data; and management authority of a State, Federal or objects, has a harmful and persistent effect (C) development and implementation of other government authority whose activities on marine flora and fauna and can have ad- strategies, methods, priorities, and a plan for directly or indirectly affect research or regu- verse impacts on human health. preventing and removing marine debris from lation of marine debris, and any educational (5) Marine debris is also a hazard to navi- United States navigable waters and within or nongovernmental institutions with dem- gation, putting mariners and rescuers, their the United States exclusive economic zone, onstrated expertise in a field related to ma- vessels, and consequently the marine envi- including development of local or regional rine debris, are eligible to submit to the Ad- ronment at risk, and can cause economic protocols for removal of derelict fishing ministrator a marine debris proposal under loss due to entanglement of vessel systems. gear. the grant program. (6) Modern plastic materials persist for (2) REDUCING AND PREVENTING LOSS OF (5) GRANT CRITERIA AND GUIDELINES.—With- decades in the marine environment and GEAR.—The Administrator shall improve ef- in 180 days after the date of enactment of therefore pose the greatest potential for forts and actively seek to prevent and reduce this Act, the Administrator shall promulgate long-term damage to the marine environ- fishing gear losses, as well as to reduce ad- necessary guidelines for implementation of ment. verse impacts of such gear on living marine the grant program, including development of (7) Insufficient knowledge and data on the resources and navigation safety, including— criteria and priorities for grants. Such prior- source, movement, and effects of plastics and (A) research and development of alter- ities may include proposals that would re- other marine debris in marine ecosystems natives to gear posing threats to the marine duce new sources of marine debris and pro- has hampered efforts to develop effective ap- environment, and methods for marking gear vide additional benefits to the public, such proaches for addressing marine debris. used in specific fisheries to enhance the as recycling of marine debris or use of bio- (8) Lack of resources, inadequate attention tracking, recovery, and identification of lost degradable materials. In developing those to this issue, and poor coordination at the and discarded gear; and guidelines, the Administrator shall consult Federal level has undermined the develop- (B) development of voluntary or manda- with— ment and implementation of a Federal pro- tory measures to reduce the loss and discard (A) the Interagency Marine Debris Com- gram to address marine debris, both domesti- of fishing gear, and to aid its recovery, such mittee; cally and internationally. as incentive programs, reporting loss and re- (B) regional fishery management councils covery of gear, observer programs, toll-free (b) PURPOSES.—The purposes of this Act established under the Magnuson-Stevens reporting hotlines, computer-based notifica- are— Fishery Conservation and Management Act tion forms, and providing adequate and free (1) to establish programs within the Na- (16 U.S.C. 1801 et seq.); disposal recepticals at ports. tional Oceanic and Atmospheric Administra- (C) State, regional, and local governmental (3) OUTREACH.—The Administrator shall tion and the United States Coast Guard to entities with marine debris experience; undertake outreach and education of the help identify, determine sources of, assess, (D) marine-dependent industries; and public and other stakeholders, such as the reduce, and prevent marine debris and its ad- (E) non-governmental organizations in- fishing industry, fishing gear manufacturers, verse impacts on the marine environment volved in marine debris research, prevention, and other marine-dependent industries, on and navigation safety, in coordination with or removal activities. sources of marine debris, threats associated other Federal and non-Federal entities; ROJECT REVIEW AND APPROVAL.—The with marine debris and approaches to iden- (6) P (2) to re-establish the Inter-agency Marine Administrator shall review each marine de- Debris Coordinating Committee to ensure a tify, determine sources of, assess, reduce, and prevent marine debris and its adverse bris project proposal to determine if it meets coordinated government response across the grant criteria and supports the goals of Federal agencies; impacts on the marine environment and navigational safety. Including outreach and the Act. Not later than 120 days after receiv- (3) to develop a Federal information clearing a project proposal under this section, the inghouse to enable researchers to study the education activities through public-private initiatives. The Administrator shall coordi- Administrator shall— sources, scale and impact of marine debris (A) provide for external merit-based peer more efficiently; and nate outreach and education activities under this paragraph with any outreach programs review of the proposal; (4) to take appropriate action in the inter- (B) after considering any written com- national community to prevent marine de- conducted under section 2204 of the Marine Plastic Pollution Research and Control Act ments and recommendations based on the re- bris and reduce concentrations of existing view, approve or disapprove the proposal; debris on a global scale. of 1987 (33 U.S.C. 1915). (c) GRANTS.— and SEC. 3. NOAA MARINE DEBRIS PREVENTION AND (C) provide written notification of that ap- REMOVAL PROGRAM. (1) IN GENERAL.—The Administrator shall provide financial assistance, in the form of proval or disapproval to the person who sub- (a) ESTABLISHMENT OF PROGRAM.—There is mitted the proposal. established, within the National Oceanic and grants, through the Marine Debris Preven- (7) PROJECT REPORTING.—Each grantee Atmospheric Administration, a Marine De- tion and Removal Program for projects to under this section shall provide periodic re- bris Prevention and Removal Program to re- accomplish the purposes of this Act. ports as required by the Administrator. Each duce and prevent the occurrence and adverse (2) 50 PERCENT MATCHING REQUIREMENT.— report shall include all information required impacts of marine debris on the marine envi- (A) IN GENERAL.—Except as provided in ronment and navigation safety. subparagraph (B), Federal funds for any by the Administrator for evaluating the (b) PROGRAM COMPONENTS.—Through the project under this section may not exceed 50 progress and success in meeting its stated Marine Debris Prevention and Removal Pro- percent of the total cost of such project. For goals, and impact on the marine debris prob- gram, the Administrator shall carry out the purposes of this subparagraph, the non-Fed- lem. following activities: eral share of project costs may be provided SEC. 4. COAST GUARD PROGRAM. (1) MAPPING, IDENTIFICATION, IMPACT AS- by in-kind contributions and other noncash The Commandant of the Coast Guard shall, SESSMENT, REMOVAL, AND PREVENTION.—The support. in cooperation with the Administrator, un- Administrator shall, in consultation with (B) WAIVER.—The Administrator may dertake measures to reduce violations of relevant Federal agencies, undertake marine waive all or part of the matching require- MARPOL Annex V and the Act to Prevent debris mapping, identification, impact as- ment under subparagraph (A) if the Adminis- Pollution from Ships (33 U.S.C. 1901 et seq.) sessment, prevention, and removal efforts, trator determines that no reasonable means with respect to the discard of plastics and with a focus on marine debris posing a threat are available through which applicants can other garbage from vessels. The measures to living marine resources (particularly en- meet the matching requirement and the shall include— dangered or protected species) and naviga- probable benefit of such project outweighs (1) the development of a strategy to im- tion safety, including— the public interest in such matching require- prove monitoring and enforcement of current (A) the establishment of a process, building ment. laws, as well as recommendations for statu- on existing information sources maintained (3) AMOUNTS PAID AND SERVICES RENDERED tory or regulatory changes to improve com- by Federal agencies such as the Environ- UNDER CONSENT.— pliance and for the development of any ap- mental Protection Agency and the Coast (A) CONSENT DECREES AND ORDERS.—The propriate amendments to MARPOL; Guard, for cataloguing and maintaining an non-Federal share of the cost of a project (2) regulations to address implementation inventory of marine debris and its impacts carried out under this Act may include gaps with respect to the requirement of found in the United States navigable waters money paid pursuant to, or the value of any MARPOL Annex V and section 6 of the Act and the United States exclusive economic in-kind service performed under, an adminis- to Prevent Pollution from Ships (33 U.S.C.

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1905) that all United States ports and termi- (d) DEFINITION.—The Committee shall de- (2) the United States Coast Guard in as- nals maintain receptacles for disposing of velop and promulgate through regulation a sessing the effectiveness of this Act and the plastics and other garbage, which may in- definition of the term ‘‘marine debris’’. Act to Prevent Pollution from Ships (33 clude measures to ensure that a sufficient (e) REPORTING.— U.S.C. 1901 et seq.) in ensuring compliance quantity of such facilities exist at all such (1) INTERAGENCY REPORT ON MARINE DEBRIS under section 2201 of the Marine Plastic Pol- ports and terminals, requirements for log- IMPACTS AND STRATEGIES.—Not later than 12 lution Research and Control Act of 1987 (33 ging the waste received, and for Coast Guard months after the date of the enactment of U.S.C. 1913). comparison of vessel and port log books to this Act, the Committee, through the chair- (g) CONFORMING AMENDMENT.—Section 2203 determine compliance; person, and in cooperation with the coastal of the Marine Plastic Pollution Research and (3) regulations to close record keeping States, Indian tribes, local governments, and Control Act of 1987 (33 U.S.C. 1914) is re- gaps, which may include requiring fishing non-governmental organizations, shall com- pealed. vessels under 400 gross tons entering United plete and submit to the Congress a report SEC. 6. INTERNATIONAL COOPERATION. States ports to maintain records subject to identifying the source of marine debris, ex- The Interagency Marine Debris Committee Coast Guard inspection on the disposal of amining the ecological and economic impact shall develop a strategy and pursue in the plastics and other garbage, that, at a min- of marine debris, alternatives for reducing, International Maritime Organization and imum, include the time, date, type of gar- mitigating, preventing, and controlling the other appropriate international and regional bage, quantity, and location of discharge by harmful affects of marine debris, the social forums, international action to reduce the latitude and longitude or, if discharged on and economic costs and benefits of such al- incidence of marine debris, including— land, the name of the port where such mate- ternatives, and recommendations regarding (1) the inclusion of effective and enforce- rial is offloaded for ødisposal;¿ disposal, tak- both domestic and international marine de- able marine debris prevention and removal ing into account potential economic impacts and bris issues. measures in international and regional (2) CONTENTS.—The report submitted under technical feasibility; agreements, including fisheries agreements paragraph (1) shall provide recommendations (4) regulations to improve ship-board waste and maritime agreements; on— management, which may include expanding (2) measures to strengthen and to improve (A) establishing priority areas for action to to smaller vessels existing requirements to compliance with MARPOL Annex V; address leading problems relating to marine maintain ship-board receptacles and main- (3) national reporting and information re- debris; tain a ship-board waste management plan, quirements that will assist in improving in- (B) developing an effective strategy and taking into account potential economic im- formation collection, identification and approaches to preventing, reducing, remov- pacts and technical feasibility; monitoring of marine debris; ing, and disposing of marine debris, includ- (5) the development, through outreach to (4) the establishment of an international ing through private-public partnerships; commercial vessel operators and rec- (C) providing appropriate infrastructure database, consistent with the information reational boaters, of a voluntary reporting for effective implementation and enforce- clearinghouse established under section 7, program, along with the establishment of a ment of measures to prevent and remove ma- that will provide current information on lo- central reporting location, for incidents of rine debris, especially the discard and loss of cation, source, prevention, and removal of damage to vessels caused by marine debris, fishing gear; marine debris; as well as observed violations of existing (D) establishing effective and coordinated (5) the establishment of public-private laws and regulations relating to disposal of education and outreach activities; and partnerships and funding sources for pilot plastics and other marine debris; and (E) ensuring Federal cooperation with, and programs that will assist in implementation (6) a voluntary program encouraging assistance to, the coastal States (as defined and compliance with marine debris require- United States flag vessels to inform the in section 304(4) of the Coastal Zone Manage- ments in international agreements and Coast Guard of any ports in other countries ment Act of 1972 (16 U.S.C. 1453(4))), Indian guidelines; that lack adequate port reception facilities tribes, and local governments in the identi- (6) the identification of possible amend- for garbage. fication, determination of sources, preven- ments to and provisions in the International SEC. 5. INTERAGENCY COORDINATION. tion, reduction, management, mitigation, Maritime Organization Guidelines for the (a) INTERAGENCY MARINE DEBRIS COM- and control of marine debris and its adverse Implementation of Annex V of MARPOL for MITTEE ESTABLISHED.—There is established impacts. potential inclusion in Annex V; and (7) when appropriate assist the responsible an Interagency Committee on Marine Debris (3) ANNUAL PROGRESS REPORTS.—Not later to coordinate a comprehensive program of than 2 years after the date of the enactment Federal agency in bilateral negotiations to marine debris research and activities among of this Act, and every year thereafter, the effectively enforce marine debris prevention. Federal agencies, in cooperation and coordi- Committee, through the chairperson, shall SEC. 7. FEDERAL INFORMATION CLEARING- nation with non-governmental organiza- submit to the Committee on Commerce, HOUSE. tions, industry, universities, and research in- Science, and Transportation of the Senate The Administrator, in coordination with stitutions, State governments, Indian tribes, and the Committee on Resources of the the Committee, shall maintain a Federal in- and other nations, as appropriate, and to fos- House of Representatives a report that eval- formation clearinghouse on marine debris ter cost-effective mechanisms to identify, uates United States and international that will be available to researchers and determine sources of, assess, reduce, and pre- progress in meeting the purposes of this Act. other interested parties to improve source vent marine debris, and its adverse inpact on The report shall include— identification, data sharing, and monitoring the marine environment and navigational (A) the status of implementation of the efforts through collaborative research and safety, including the joint funding of re- recommendations of the Committee and open sharing of data. The clearinghouse shall search and mitigation and prevention strate- analysis of their effectiveness; include— gies. (B) a summary of the marine debris inven- (1) standardized protocols to map locations (b) MEMBERSHIP.—The Committee shall in- tory to be maintained by the National Oce- of commercial fishing and aquaculture ac- clude a senior official from— anic and Atmospheric Administration; tivities using Geographic Information Sys- (1) the National Oceanic and Atmospheric (C) a review of the National Oceanic and tem techniques; Administration, who shall serve as the chair- Atmospheric Administration program au- (2) a world-wide database which describes person of the Committee; thorized by section 3 of this Act, including fishing gear and equipment, and fishing prac- (2) the United States Coast Guard; projects funded and accomplishments relat- tices, including information on gear types (3) the Environmental Protection Agency; ing to reduction and prevention of marine and specifications; (4) the United States Navy; debris; (3) guidance on the identification of types (5) the Maritime Administration of the De- (D) a review of United States Coast Guard of fishing gear fragments and their sources partment of Transportation; programs and accomplishments relating to developed in consultation with persons of (6) the National Aeronautics and Space Ad- marine debris removal, including enforce- relevant expertise; and ministration; ment and compliance with MARPOL require- (4) the data on mapping and identification (7) the U.S. Fish and Wildlife Service; ments; and of marine debris to be developed pursuant to (8) the Department of State; (E) estimated Federal and non-Federal section 3(b)(1) of this Act. (9) the Marine Mammal Commission; and funding provided for marine debris and rec- SEC. 8. DEFINITIONS. (10) such other Federal agencies that have ommendations for priority funding needs. In this Act: an interest in ocean issues or water pollution (f) MONITORING.—The Administrator, in co- (1) ADMINISTRATOR.—The term ‘‘Adminis- prevention and control as the Administrator operation with the Administrator of the En- trator’’ means the Administrator of the Na- determines appropriate. vironmental Protection Agency, shall utilize tional Oceanic and Atmospheric Administra- (c) MEETINGS.—The Committee shall meet the marine debris data derived under this tion. at least twice a year to provide a public, Act and title V of the Marine Protection, Re- (2) COMMITTEE.—The term ‘‘Committee’’ interagency forum to ensure the coordina- search, and Sanctuaries Act of 1972 (33 U.S.C. means the Interagency Marine Debris Com- tion of national and international research, 2801 et seq.) to assist— mittee established by section 5 of this Act. monitoring, education, and regulatory ac- (1) the Committee in ensuring coordination (3) UNITED STATES EXCLUSIVE ECONOMIC tions addressing the persistent marine debris of research, monitoring, education, and regu- ZONE.—The term ‘‘United States exclusive problem. latory actions; and economic zone’’ means the zone established

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7929 by Presidential Proclamation Numbered tion from plastics and other garbage, NATIONAL OCEAN EXPLORATION 5030, dated March 10, 1983, including the reinvigorate an interagency committee PROGRAM ACT ocean waters of the areas referred to as on marine debris, and improve our re- The Senate proceeded to consider the ‘‘eastern special areas’’ in article 3(1) of the search and information on marine de- Agreement between the United States of bill (S. 39) to establish a coordinated America and the Union of Soviet Socialist bris sources, threats, and prevention. national ocean exploration program Republics on the Maritime Boundary, signed The bill would authorize $10 million in within the National Oceanic and At- June 1, 1990. funding for the NOAA program, and $5 mospheric Administration. (4) MARPOL; ANNEX V; CONVENTION.—The million in funding for the Coast Guard AMENDMENT NO. 1100 terms ‘‘MARPOL’’, ‘‘Annex 5’’, and ‘‘Conven- program. I am pleased to say that con- (Purpose: In the nature of a substitute) tion’’ have the meaning given those terms in gressional action last year provided $5 The amendment (No. 1100) was agreed paragraphs (3) and (4) of section 2(a) of the million in appropriated funding to to. Act to Prevent Pollution from Ships (33 NOAA specifically toward this prob- U.S.C. 1901(a)). (The amendment is printed in today’s lem, and the Senate Appropriations SEC. 9. AUTHORIZATION OF APPROPRIATIONS. RECORD under ‘‘Text of Amendments.’’) There are authorized to be appropriated for Committee has recommended increas- The bill (S. 39), as amended, was read each fiscal year 2006 through 2010— ing this amount to $6.4 million in fiscal the third time and passed. (1) to the Administrator for the purpose of year 2006. We challenge the administra- Mr. INOUYE. I rise today in support carrying out sections 3 and 7 of this Act, tion to likewise increase funding for of S. 39, the National Ocean $10,000,000, of which no more than 10 percent this initiative in coming years. Exploration Program Act. As a may be for administrative costs; and In Hawaii, the impacts of marine de- cosponsor of S. 39, I join my good (2) to the Secretary of the Department in bris are more visible because of the friend Chairman, STEVENS in sup- which the Coast Guard is operating, for the convergence caused by the North Pa- porting an enhanced national effort to use of the Commandant of the Coast Guard cific Tropical High. Atmospheric forces explore our oceans, as was strongly in carrying out sections 4 and 6 of this Act, recommended by the U.S. Commission $5,000,000, of which no more than 10 percent cause ocean surface currents to con- may be used for administrative costs. verge on Hawaii, bringing with them on Ocean Policy. The oceans cover Mr. INOUYE. I rise today in support the vast amount of debris floating nearly three-quarters of the Earth’s of S. 362, the Marine Debris Research, throughout the Pacific. Since 1996, a surface and contain a diversity of life Prevention, and Reduction Act, legisla- total of 484 tons of debris have been re- which greatly exceeds that found in tion I introduced with Senator STE- moved from coral reefs in the north- terrestrial systems, and yet our oceans VENS, with the cosponsorship of Sen- western Hawaiian Islands, which is also remain poorly understood. I therefore ators CANTWELL, SNOWE, LAUTENBERG, home to many endangered marine spe- commend my friend, Chairman STE- KERRY, SARBANES, AKAKA, and MUR- cies. In 2004 alone, the program re- VENS, for his initiative in this area and thank Senators SNOWE, DODD, KERRY, RAY. moved over 125 tons of debris. However, This bill, which I am proud to say because more debris arrives daily, the LAUTENBERG, CANTWELL, and REED for their support in cosponsoring this leg- passed the Senate unanimously in the job is far from done. 108th Congress, focuses on one par- I am pleased that the coordinated ap- islation. Despite the importance of the oceans ticular impact that goes unnoticed by proach taken to address the threats in human history, in regulating cli- many and has been largely ignored by posed by marine debris in the north- mate change, guaranteeing food secu- the global community: marine debris. western Hawaiian Islands has provided rity, providing energy resources, and This problem is so important, and so a model for the nation. We have enabling worldwide commerce, the U.S. pervasive, that it merited an entire learned that our best path to success spends only 3.5 percent of its research chapter of the 2004 Report of the U.S. lies in partnering with one another to budget on ocean science, and far less on Commission on Ocean Policy. share resources, and it is my hope that ocean exploration. Approximately 95 While marine debris includes conven- others may adapt our project to their percent of the ocean floor remains un- tional ‘‘trash,’’ it also includes a vast own shores through the partnership explored. It is hard to understand our array of additional materials that may and funding opportunities set forth in inattention to this exciting area of re- find their way to sea, such as discarded this bill. search given the opportunity ocean ex- or lost fishing gear, cargo washed over- We must also bear in mind that no ploration provides for discovering new board, and abandoned equipment from matter how zealously we reform our habitats, species, artifacts, and re- our commercial fleets. Marine debris is practices, the ultimate solution lies in sources. Ocean exploration expeditions not only unsightly and dangerous to international cooperation. The oceans can provide images of ancient human navigation, but it is also deadly to sea connect the coastal nations of the artifacts, rare or previously undis- creatures, which may die entangled in world, and we must work together to covered species, and exciting new eco- a discarded fishing net or after ingest- reduce this increasing threat to our systems. These images ignite the ing plastic items such as lighters and seas and shores. The Marine Debris Re- imagination of the general public and toys. search, Prevention, and Reduction Act engage them in marine science and While the problem is vast, it is also will provide the United States with the conservation. reversible when given sufficient em- tools to develop effective marine debris This bill is a reflection of Senator phasis, coordination, and funding. The prevention and removal programs on a STEVENS’ and my long history of work- bill being considered by the full Senate worldwide basis, including reporting ing together to increase the funding for today aims to meet this challenge by and information requirements that will ocean exploration, as well as to secure adopting the measures recommended assist in the creation of an inter- a dedicated vessel to conduct these ac- by both the Ocean Commission and the national marine debris database. tivities in U.S. waters and worldwide. 2000 International Marine Debris Con- Mr. President, I encourage my col- To accomplish these goals our bill ference to help remove manmade ma- leagues to join me in supporting enact- would establish a national ocean explo- rine debris from the list of ocean ment of the Marine Debris Research, ration program within the National threats. The bill has strong support Prevention, and Reduction Act. This Oceanic and Atmospheric Administra- from the Bush administration, environ- bill will provide the United States with tion that, in coordination with the Na- mental groups, and others with an in- the programs and resources necessary tional Science Foundation, would con- terest in the marine debris problem, in- to protect our most valuable duct interdisciplinary ocean explo- cluding the Ocean Conservancy and the resources, our oceans. ration voyages and give priority atten- Northwest Straits Commission. The committee amendment was tion to deep ocean regions. Specifically, our legislation would es- agreed to. To facilitate the aims of the explo- tablish a Marine Debris Prevention and The amendment (No. 1099) was agreed ration program, the bill would also es- Removal Program within the National to, as follows: tablish a Federal exploration tech- Oceanic and Atmospheric Administra- (The amendment is printed in today’s nology and infrastructure task force. tion, NOAA, direct the U.S. Coast RECORD under ‘‘Text of Amendments.’’) This task force would be charged with Guard to improve enforcement of laws The bill (S. 362), as amended, was strengthening interagency coordina- designed to prevent ship-based pollu- read the third time, and passed. tion for the purposes of developing and

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States as a member of the International Co- gional tsunami warning systems and other I hope that my colleagues will work ordination Group for the Tsunami Warning hazard warnings systems developed to meet with us today to ensure the swift pas- System in the Pacific, administered by the the goals of the United Nations Inter- sage of the National Ocean Exploration Intergovernmental Oceanographic Commis- national Strategy for Disaster Reduction. sion of UNESCO, for which the Pacific Tsu- Program Act. ø(b) PURPOSES.—The purposes of this Act nami Warning Center acts as the operational f are— center and shares seismic and water level in- ø(1) to improve tsunami detection, fore- formation with 26 member states, and main- cast, warnings, notification, preparedness, TSUNAMI PREPAREDNESS ACT tains UNESCO’s International Tsunami In- and mitigation in order to protect life and formation Center, in Honolulu, Hawaii, The Senate proceeded to consider the property both in the United States and else- which provides technical and educational as- bill (S. 50) to authorize and strengthen where in the world; sistance to member states. the National Oceanic and Atmospheric ø(2) to improve and modernize the existing ø(7) The Tsunami Warning Centers receive Administration’s tsunami detection, Pacific Tsunami Warning System to increase seismographic information from the Global coverage, reduce false alarms and increase forecast, warning, and mitigation pro- Seismic Network, an international system of accuracy of forecasts and warnings, and ex- gram, and for other purposes, which earthquake monitoring stations, from the pand detection and warning systems to in- had been reported from the Committee United States Geological Survey National on Commerce, Science, and Transpor- Earthquake Information Center, and from clude other vulnerable States and United States territories, including the Caribbean/ tation, with an amendment. cooperative regional seismic networks, and use these data to issue tsunami warnings and Atlantic/Gulf region; (Strike the part shown in black ø(3) to increase and accelerate mapping, brackets and insert the part shown in integrate the information with data from their own tidal and deep ocean monitoring modeling, research, assessment, education, italic.) stations, to cancel or verify the existence of and outreach efforts in order to improve S. 50 a damaging tsunami. Warnings are dissemi- forecasting, preparedness, mitigation, response, and recovery of tsunami and related Be it enacted by the Senate and House of Rep- nated by the National Oceanic and Atmos- coastal hazards; resentatives of the United States of America in pheric Administration to State emergency ø(4) to provide technical and other assist- Congress assembled, operation centers. ø ance to speed international efforts to estab- øSECTION 1. SHORT TITLE. (8) Current gaps in the International Tsu- nami Warning System, such as the lack of lish regional tsunami warning systems in øThis Act may be cited as the ‘‘Tsunami vulnerable areas worldwide, including the In- Preparedness Act’’. regional warning systems in the Indian Ocean, the southwest Pacific Ocean, Central dian Ocean; and ø SEC. 2. FINDINGS AND PURPOSES. and South America, the Mediterranean Sea, ø(5) to improve Federal, State, and inter- ø(a) FINDINGS.—The Congress finds the fol- and Caribbean, pose risks for coastal and is- national coordination for tsunami and other lowing: land communities. coastal hazard warnings and preparedness. ø(1) Tsunami are a series of large waves of ø(9) The tragic and extreme loss of life ex- øSEC. 3. TSUNAMI DETECTION AND WARNING long wavelength created by the displacement perienced by countries in the Indian Ocean SYSTEM. of water by violent undersea disturbances following the magnitude 9.0 earthquake and ø(a) IN GENERAL.—The Administrator of such as earthquakes, volcanic eruptions, resulting tsunami in that region on Decem- the National Oceanic and Atmospheric Ad- landslides, explosions, and the impact of cos- ber 26, 2004, illustrates the destructive con- ministration shall operate regional tsunami mic bodies. sequences which can occur in the absence of detection and warning systems for the Pa- ø(2) Tsunami have caused, and can cause in an effective tsunami warning and notifica- cific Ocean region and for the Atlantic the future, enormous loss of human life, in- tion system. jury, destruction of property, and economic ø(10) An effective tsunami warning and no- Ocean, Caribbean, and Gulf of Mexico region and social disruption in coastal and island tification system is part of a multi-hazard that will provide maximum detection capa- communities. disaster warning and preparedness program bility for United States coastal tsunami. ø(3) While 85 percent of tsunami occur in and requires near real-time seismic, sea ø(b) SYSTEM REQUIREMENTS.— the Pacific Ocean, and coastal and island level, and oceanographic data, high-speed ø(1) PACIFIC SYSTEM.—The Pacific tsunami communities in this region are the most vul- data analysis capabilities, a high-speed tsu- warning system shall cover the entire Pa- nerable to the destructive results, tsunami nami warning communication system, a sus- cific Ocean area, including the Western Pa- can occur at any point in any ocean or retained program of education and risk assess- cific, the Central Pacific, the North Pacific, lated body of water where there are earth- ment, and an established local communica- the South Pacific, and the East Pacific and quakes, volcanoes, or any other activity that tions infrastructure for timely and effective Arctic areas. displaces a large volume of water. dissemination of warnings to activate evacu- ø(2) ATLANTIC, CARIBBEAN, AND GULF OF ø(4) A number of States and territories are ation of tsunami hazard zones. MEXICO SYSTEM.—The Atlantic, Caribbean, subject to the threat of tsunamis, including ø(11) The Tsunami Warning System for the and Gulf system shall cover areas of the At- Alaska, California, Hawaii, Oregon, Wash- Pacific is a model for other regions of the lantic Ocean, Caribbean Sea, and the Gulf of ington, American Samoa, the Common- world to adopt, and can be expanded and Mexico that the Administrator determines— wealth of the Northern Mariana Islands, modernized to increase detection, forecast, ø(A) to be geologically active, or to have Guam, Puerto Rico, and the U.S. Virgin Is- and warning capabilities for vulnerable significant potential for geological activity; lands. states and territories, reduce the incidence and ø(5) The National Oceanic and Atmospheric of costly false alarms, improve reliability of ø(B) to pose measurable risks of tsunamis Administration is responsible for maintain- measurement and assessment technology, for States along the coastal areas of the At- ing a tsunami detection and warning system and increase community preparedness. lantic Ocean or the Gulf of Mexico. for the Nation, issuing warnings to United ø(12) Tsunami warning and preparedness ø(3) COMPONENTS.—The systems shall— States communities at risk from tsunami, capability can be developed in other vulner- ø(A) utilize an array of deep ocean detec- and preparing those communities to respond able areas of the world, such as the Indian tion buoys, including redundant and spare appropriately, through— Ocean, by identifying tsunami hazard zones, buoys; ø(A) the Pacific Tsunami Warning Center educating populations, developing alert and ø(B) include an associated tide gauge and in Ewa Beach, Hawaii, which serves as a notification communications infrastructure, water level system designed for long-term warning center for Hawaii, all other United and by deploying near real-time tsunami de- continuous operation tsunami transmission States assets in the Pacific, and Puerto Rico; tection sensors and gauges, establishing haz- capability; ø(B) the Alaska/West Coast Tsunami Warn- ard communication and warning networks, ø(C) provide for establishment of a cooper- ing Center in Palmer, Alaska, which is re- expanding global monitoring of seismic ac- ative effort between the National Oceanic sponsible for issuing warnings for Alaska, tivity, encouraging the increased exchange and Atmospheric Administration and the British Columbia, California, Oregon, and of seismic and tidal data between nations, United States Geological Survey under Washington; and improving international coordination which the Geological Survey provides rapid ø(C) the Federal-State national tsunami when a tsunami is detected. and reliable seismic information to the Ad- hazard mitigation program; ø(13) UNESCO has recognized the need to ministration from international and domes- ø(D) a tsunami research and assessment establish tsunami warning systems for re- tic seismic networks; program, including programs conducted by gions beyond the Pacific Basin that are vul- ø(D) provide for information and data proc- the Pacific Marine Environmental Labora- nerable to tsunams, including the Indian essing through the tsunami warning centers tory; Ocean, and has convened a working group to established under subsection (c);

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7931 ø(E) be integrated into United States and ø(3) the Administrator does not reasonably forecasts and warnings as quickly and effec- global ocean and earth observing systems; foresee unanticipated delays in the deploy- tively as possible to affected communities; and ment and operational schedule specified in ø(3) develop techniques and technologies to ø(F) provide a communications infrastruc- the contract. support evacuation products, including real- ture for at-risk tsunami communities that øSEC. 4. TSUNAMI HAZARD MITIGATION PRO- time notice of the condition of critical infra- supports rapid and reliable alert and notifi- GRAM. structure along tsunami evacuation routes cation to the public such as the National ø(a) IN GENERAL.—The Administrator of for public officials and first responders; and Oceanic and Atmospheric Administration the National Oceanic and Atmospheric Ad- ø(4) develop techniques for utilizing remote weather radio and the All Hazard Alert ministration is authorized to conduct a com- sensing technologies in rescue and recovery Broadcasting Radio. munity-based tsunami hazard mitigation operations. ø(c) TSUNAMI WARNING CENTERS.— program to improve tsunami preparedness of ø(b) COMMUNICATIONS TECHNOLOGY.—The ø(1) IN GENERAL.—The Administrator shall at-risk areas. Administrator, in consultation with the As- establish tsunami warning centers to provide ø(b) COORDINATING COMMITTEE.—In con- sistant Secretary of Commerce for Commu- a link between the detection and warning ducting the program, the Administrator nications and Information and the Federal system and the tsunami hazard mitigation shall establish a coordinating committee Communications Commission, shall inves- program established under section 4 includ- comprising representatives of— tigate the potential for improved commu- ing— ø(1) the National Oceanic and Atmospheric nications systems for tsunami and other haz- ø(A) a Pacific Tsunami Warning Center in Administration; ard warnings by incorporating into the exist- Hawaii; ø(2) the United States Geological Survey; ing network a full range of options for pro- ø(B) a West Coast and Alaska Tsunami ø(3) the Federal Emergency Management viding those warnings to the public, includ- Warning Center in Alaska; and Agency; ing, as appropriate— ø(C) any additional warning centers deter- ø(4) the National Science Foundation; and ø(1) telephones, including special alert mined by the Administrator to be necessary. ø(5) affected coastal States and territories. rings; ø ø(2) RESPONSIBILITIES.—The responsibil- (c) PROGRAM COMPONENTS.—The program ø(2) wireless and satellite technology, in- ities of each tsunami warning center shall shall— cluding cellular telephones and pagers; ø include— (1) improve the quality and extent of in- ø(3) the Internet, including e-mail; ø(A) continuously monitoring data from undation mapping, including assessment of ø(4) automatic alert televisions and radios; seismological, deep ocean, and tidal moni- vulnerable inner coastal areas; ø(5) innovative and low-cost combinations ø toring stations; (2) promote and improve community out- of such technologies that may provide access ø(B) evaluating earthquakes that have the reach and education networks and programs to remote areas; and potential to generate tsunami; to ensure community readiness, including ø(6) other technologies that may be devel- ø(C) evaluating deep ocean buoy data and the development of multi-hazard risk and oped. tidal monitoring stations for indications of vulnerability assessment training and deci- øSEC. 6. TSUNAMI SYSTEM UPGRADE AND MOD- tsunami resulting from sources other than sion support tools, implementation of tech- ERNIZATION. earthquakes; and nical training and public education pro- ø(a) SYSTEM UPGRADES.—The Adminis- ø(D) disseminating information and warn- grams, and provide for certification of pre- trator of the National Oceanic and Atmos- ing bulletins appropriate for local and dis- pared communities; pheric Administration shall— ø tant tsunamis to government agencies and (3) integrate tsunami preparedness and ø(1) authorize and direct the immediate re- the public and alerting potentially impacted mitigation programs into ongoing hazard pair of existing deep ocean detection buoys coastal areas for evacuation. warning and risk management programs in and related components of the system; ø(d) TRANSFER OF TECHNOLOGY; MAINTE- affected areas including the National Re- ø(2) ensure the deployment of an array of NANCE AND UPGRADES.—In carrying out this sponse Plan; deep ocean detection buoys in the regions de- section, the Administrator shall— ø(4) promote the adoption of tsunami warn- scribed in section 3(a) of this Act; ø(1) promulgate specifications and standing and mitigation measures by Federal, ø(3) ensure expansion or upgrade of the tide ards for forecast, detection, and warning sys- State, tribal, and local governments and gauge network in the regions described in tems, including detection equipment; non-governmental entities through a grant section 3(a); and ø(2) develop and execute a plan for the program for training, development of guide- ø(4) complete the upgrades not later than transfer of technology from ongoing research lines, and other purposes; December 31, 2007. to long-term operations; ø(5) through the Federal Emergency Man- ø(b) CONGRESSIONAL NOTIFICATIONS.—The ø(3) ensure that detection equipment is agement Agency as the lead agency, develop Administrator shall notify the Senate Com- maintained in operational condition to ful- tsunami specific rescue and recovery guide- mittee on Commerce, Science, and Transpor- fill the forecasting, detection and warning lines for the National Response Plan, includ- tation and the House of Representatives requirements of the regional tsunami detec- ing long-term mitigation measures, edu- Committee on Science of— tion and warning systems; cational programs to discourage develop- ø(1) impaired regional detection coverage ø(4) obtain, to the greatest extent prac- ment in high-risk areas, and use of remote due to equipment or system failures; and ticable, priority treatment in budgeting for, sensing and other technology in rescue and ø(2) significant contractor failures or acquiring, transporting, and maintaining recovery operations; delays in completing work associated with weather sensors, tide gauges, water level ø(6) require budget coordination, through the tsunami detection and warning system. gauges, and tsunami buoys incorporated into the Administration, to carry out the pur- ø(c) ANNUAL REPORT.—The Administrator the system including obtaining ship time; poses of this Act and to ensure that partici- shall transmit an annual report to the Sen- and pating agencies provide necessary funds for ate Committee on Commerce, Science, and ø(5) ensure integration of the tsunami de- matters within their respective areas of au- Transportation and the House of Representa- tection system with other United States and thority and expertise; and tives Committee on Science on the status of global ocean and coastal observation sys- ø(7) provide for periodic external review of the tsunami detection and warning system, tems, the global earth observing system of the program and for inclusion of the results including accuracy, false alarms, equipment systems, global seismic networks, and the of such reviews in the report required by sec- failures, improvements over the previous Advanced National Seismic System. tion 6(c). year, and goals for further improvement (or ø(e) CERTIFICATION.—Amounts appropriated øSEC. 5. TSUNAMI RESEARCH PROGRAM. plans for curing failures) of the system, as for any fiscal year pursuant to section 8 to ø(a) ESTABLISHMENT.—The Administrator well as progress and accomplishments of the carry out this section may not be obligated of the National Oceanic and Atmospheric Ad- national tsunami hazard mitigation pro- or expended for the acquisition of services ministration shall, in coordination with gram. for construction or deployment of tsunami other agencies and academic institutions, es- ø(d) EXTERNAL REVIEW.—The National detection equipment unless the Adminis- tablish a tsunami research program to de- Academy of Science shall review the tsu- trator certifies in writing to the Senate velop detection, prediction, communication, nami detection, forecast, and warning sys- Committee on Commerce, Science, and and mitigation science and technology that tem operated by the National Oceanic and Transportation and the House of Representa- supports tsunami forecasts and warnings, in- Atmospheric Administration under this Act tives Committee on Science within 60 cal- cluding advanced sensing techniques, infor- to assess further modernization and coverage endar days after the date on which the Presi- mation and communication technology, data needs, as well as long-term operational reli- dent submits the Budget of the United collection, analysis and assessment for tsu- ability issues, taking into account measures States for that fiscal year to the Congress nami tracking and numerical forecast mod- implemented under this Act, and transmit a that— eling that will— report containing its recommendations, in- ø(1) each contractor for such services has ø(1) help determine— cluding an estimate of the costs of imple- met the requirements of the contract for ø(A) whether an earthquake or other seis- menting those recommendations, to the Sen- such construction or deployment; mic event will result in a tsunami; and ate Committee on Commerce, Science, and ø(2) the equipment to be constructed or de- ø(B) the likely path, severity, duration, Transportation and the House of Representa- ployed is capable of becoming fully oper- and travel time of a tsunami; tives Committee on Science within 24 ational without the obligation or expendi- ø(2) develop techniques and technologies months after the date of enactment of this ture of additional appropriated funds; and that may be used to communicate tsunami Act.

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U.S. Virgin Islands. increase detection, forecast, and warning capa- ø(a) INTERNATIONAL TSUNAMI WARNING SYS- (5) The National Oceanic and Atmospheric bilities for vulnerable states and territories, re- TEM.—The Administrator of the National Administration is responsible for maintaining a duce the incidence of costly false alarms, im- Oceanic and Atmospheric Administration, in tsunami detection and warning system for the prove reliability of measurement and assessment coordination with other members of the Nation, issuing warnings to United States com- technology, and increase community prepared- United States Interagency Committee of the munities at risk from tsunami, and preparing ness. National Tsunami Mitigation Program, shall those communities to respond appropriately, (12) Tsunami warning and preparedness capa- provide technical assistance and advice to through— bility can be developed in other vulnerable areas the Intergovernmental Oceanographic Com- (A) the Pacific Tsunami Warning Center in of the world, such as the Indian Ocean, by iden- mission of UNESCO, the World Meteorolog- Ewa Beach, Hawaii, which serves as a warning tifying tsunami hazard zones, educating popu- ical Organization, and other international center for Hawaii, all other United States assets lations, developing alert and notification com- entities, as part of international efforts to in the Pacific, and Puerto Rico; munications infrastructure, and by deploying develop a fully functional global tsunami (B) the Alaska/West Coast Tsunami Warning near real-time tsunami detection sensors and warning system comprised of regional tsu- Center in Palmer, Alaska, which is responsible gauges, establishing hazard communication and nami warning networks, modeled on the for issuing warnings for Alaska, British Colum- warning networks, expanding global monitoring International Tsunami Warning System of bia, California, Oregon, and Washington; of seismic activity, encouraging the increased (C) the Federal-State national tsunami hazard the Pacific. exchange of seismic and tidal data between na- mitigation program; ø(b) DETECTION EQUIPMENT; TECHNICAL AD- (D) a tsunami research and assessment pro- tions, and improving international coordination VICE.—In carrying out this section, the Ad- gram, including programs conducted by the Pa- when a tsunami is detected. ministrator— (13) UNESCO has recognized the need to es- ø cific Marine Environmental Laboratory; (1) shall give priority to assisting nations (E) the TsunamiReady Program, which edu- tablish tsunami warning systems for regions be- in identifying vulnerable coastal areas, cre- cates and prepares communities for survival beyond the Pacific Basin that are vulnerable to ating inundation maps, obtaining or design- fore and during a tsunami; tsunami, including the Indian Ocean, and has ing real-time detection and reporting equip- (F) an archive of historical tsunami data, held convened a working group to lead an effort to ment, and establishing communication and at the National Oceanic and Atmospheric Ad- expand the International Tsunami Warning warning networks and contact points in each ministration’s National Geophysical Data Cen- System in the Pacific to such vulnerable regions. vulnerable nation; and ter; and (14) The international community and all vul- ø(2) may establish a process for transfer of (G) other related programs, including those nerable nations should take coordinated efforts detection and communication technology to operated in coordination with academic institu- to establish and participate in regional tsunami affected nations for the purposes of estab- tions. warning systems and other hazard warnings lishing the international tsunami warning (6) The National Oceanic and Atmospheric systems developed to meet the goals of the system. Administration also represents the United States United Nations International Strategy for Dis- ø(c) DATA-SHARING REQUIREMENT.—The Ad- as a member of the International Coordination aster Reduction. ministrator may not provide assistance Group for the Tsunami Warning System in the (15) On February 16, 2005, the United States, under this section for any region unless all Pacific, administered by the Intergovernmental together with 53 other Nations participating in affected nations in that region participating Oceanographic Commission of UNESCO, for the Third Earth Observation Summit in Brus- in the tsunami warning network agree to which the Pacific Tsunami Warning Center acts sels, Belgium, adopted a 10-year implementation share relevant data associated with the de- as the operational center and shares seismic and plan as the basis for establishing the Global velopment and operation of the network. water level information with 26 member states, Earth Observation System of Systems. ø(d) RECEIPT OF INTERNATIONAL REIMBURSE- and maintains UNESCO’s International Tsu- (16) The Global Earth Observation System of MENT AUTHORIZED.—The Administrator may nami Information Center, in Honolulu, Hawaii, Systems will consist of existing and future earth accept payment to, or reimbursement of, the which provides technical and educational as- observation systems, including the United States National Oceanic and Atmospheric Adminis- sistance to member states. tsunami detection and warning system. tration in cash or in kind from international (7) The Tsunami Warning Centers receive seis- (b) PURPOSES.—The purposes of this Act are— organizations and foreign authorities, or mographic information from the Global Seismic (1) to improve tsunami detection, forecast, payment or reimbursement made on behalf Network, an international system of earthquake warnings, notification, preparedness, and miti- of such an authority, for expenses incurred monitoring stations, from the United States Geo- gation in order to protect life and property both by the Administrator in carrying out any ac- logical Survey National Earthquake Informa- in the United States and elsewhere in the world; tivity under this Act. Any such payments or tion Center, the Alaska Earthquake Information (2) to improve and modernize the existing Pa- reimbursements shall be considered a reim- Center, and cooperative regional seismic net- cific Tsunami Warning System to increase cov- bursement to the appropriated funds of the works, and use these data to issue tsunami erage, reduce false alarms and increase accu- Administration. warnings and integrate the information with racy of forecasts and warnings, and expand de- øSEC. 8. AUTHORIZATION OF APPROPRIATIONS. data from their own tidal and deep ocean moni- tection and warning systems to include other øThere are authorized to be appropriated toring stations, to cancel or verify the existence vulnerable States and United States territories, to the Administrator of the National Oceanic of a damaging tsunami. Warnings are dissemi- including the Caribbean/Atlantic/Gulf region; (3) to increase and accelerate mapping, mod- and Atmospheric Administration $35,000,000 nated by the National Oceanic and Atmospheric eling, research, assessment, education, and out- for each of fiscal years 2006 through 2012 to Administration to State emergency operation reach efforts in order to improve forecasting, carry out this Act.¿ centers. (8) Current gaps in the International Tsunami preparedness, mitigation, response, and recovery SECTION 1. SHORT TITLE. Warning System, such as the lack of regional of tsunami and related coastal hazards; This Act may be cited as the ‘‘Tsunami Pre- warning systems in the Indian Ocean, the (4) to provide technical and other assistance paredness Act’’. southwest Pacific Ocean, Central and South to speed international efforts to establish re- SEC. 2. FINDINGS AND PURPOSES. America, the Mediterranean Sea, and Carib- gional tsunami warning systems in vulnerable (a) FINDINGS.—The Congress finds the fol- bean, pose risks for coastal and island commu- areas worldwide, including the Indian Ocean; lowing: nities. and (1) Tsunami are a series of large waves of long (9) The tragic and extreme loss of life experi- (5) to improve Federal, State, and inter- wavelength created by the displacement of enced by countries in the Indian Ocean fol- national coordination for tsunami and other water by violent undersea disturbances such as lowing the magnitude 9.0 earthquake and re- coastal hazard warnings and preparedness. earthquakes, volcanic eruptions, landslides, ex- sulting tsunami in that region on December 26, SEC. 3. TSUNAMI DETECTION AND WARNING SYS- plosions, and the impact of cosmic bodies. 2004, illustrates the destructive consequences TEM. (2) Tsunami have caused, and can cause in which can occur in the absence of an effective (a) IN GENERAL.—The Administrator of the the future, enormous loss of human life, injury, tsunami warning and notification system. National Oceanic and Atmospheric Administra- destruction of property, and economic and so- (10) An effective tsunami warning and notifi- tion shall operate regional tsunami detection cial disruption in coastal and island commu- cation system is part of a multi-hazard disaster and warning systems for the Pacific Ocean re- nities. warning and preparedness program and requires gion and for the Atlantic Ocean, Caribbean, (3) While 85 percent of tsunami occur in the real-time seismic, sea level, and oceanographic and Gulf of Mexico region that will provide Pacific Ocean, and coastal and island commu- data, high-speed data analysis capabilities, a maximum detection capability for United States nities in this region are the most vulnerable to high-speed tsunami warning communication coastal tsunami. the destructive results, tsunami can occur at system, a sustained program of education and (b) SYSTEM REQUIREMENTS.— any point in any ocean or related body of water risk assessment to develop response strategies, (1) PACIFIC SYSTEM.—The Pacific tsunami where there are earthquakes, volcanoes, or any and an established local communications infra- warning system shall cover the entire Pacific other activity that displaces a large volume of structure for timely and effective dissemination Ocean area, including the Western Pacific, the water. of warnings to activate evacuation of tsunami Central Pacific, the North Pacific, the South (4) A number of States and territories are sub- hazard zones. Pacific, and the East Pacific and Arctic areas. ject to the threat of tsunamis, including Alaska, (2) ATLANTIC, CARIBBEAN, AND GULF OF MEX- California, Hawaii, Oregon, Washington, Amer- (11) The Tsunami Warning System for the Pa- ICO SYSTEM.—The Atlantic, Caribbean, and Gulf ican Samoa, the Commonwealth of the Northern cific is a model for other regions of the world to system shall cover areas of the Atlantic Ocean,

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Caribbean Sea, and the Gulf of Mexico that the (d) DATA MANAGEMENT.—The Administrator cies and academic institutions, establish a tsu- Administrator determines— shall maintain national and regionally-based nami research program to develop detection, (A) to be geologically active, or to have sig- data management systems to support and estab- prediction, communication, and mitigation nificant potential for geological activity; and lish data management requirements for the tsu- science and technology that supports tsunami (B) to pose measurable risks of tsunamis for nami detection and monitoring system, includ- forecasts and warnings, including advanced States along the coastal areas of the Atlantic ing requirements for— sensing techniques, information and commu- Ocean or the Gulf of Mexico. (1) quality control and quality assurance; nication technology, data collection, analysis (3) COMPONENTS.—The systems shall— (2) archiving and maintaining data; and assessment for tsunami tracking and nu- (A) utilize an array of deep ocean detection (3) supporting integration of observations merical forecast modeling that will— buoys, including redundant and spare buoys; from the system with other national and inter- (1) help determine— (B) include an associated tide gauge and national water level measurements, such as the (A) whether an earthquake or other seismic water level system designed for long-term con- Global Sea Level Monitoring System; event will result in a tsunami; and tinuous operation tsunami transmission capa- (4) integration of observations from the system (B) the likely path, severity, duration, and bility; with other elements of the global and coastal travel time of a tsunami; (C) allow for such additional sensors as may components of the integrated ocean and coastal (2) develop techniques and technologies that be necessary to provide other ocean and earth observing system and the Global Earth Observa- may be used to communicate tsunami forecasts observation capabilities; tion System of Systems; and and warnings as quickly and effectively as pos- (D) provide for the establishment of a coopera- (5) the development of and access to data sets sible to affected communities; tive effort between the National Oceanic and and integrated data products designed to sup- (3) develop techniques and technologies to Atmospheric Administration and the United port multi-hazard regional vulnerability assess- support evacuation products, including real- States Geological Survey under which the Geo- ment and adaptation programs such as the pro- time notice of the condition of critical infra- logical Survey and State earthquake informa- gram established under section 8. structure along tsunami evacuation routes for public officials and first responders; and tion centers provide rapid and reliable real-time SEC. 4. TSUNAMI HAZARD MITIGATION PROGRAM. seismic information to the Administration from (4) develop techniques for utilizing remote (a) IN GENERAL.—The Administrator of the sensing technologies in rescue and recovery op- international and domestic seismic networks; National Oceanic and Atmospheric Administra- (E) provide for information and data proc- erations. tion shall, in coordination with other agencies essing through the tsunami warning centers es- (b) COMMUNICATIONS TECHNOLOGY.—The Ad- and academic institutions, develop and conduct tablished under subsection (c); ministrator, in consultation with in consultation a community-based tsunami hazard mitigation (F) be integrated into United States and glob- with the Assistant Secretary of Commerce for program to improve tsunami preparedness of at- al ocean and earth observing systems, including Communications and Information and the Fed- risk areas. the Global Earth Observation System of Sys- eral Communications Commission, shall inves- (b) COORDINATING COMMITTEE.—In developing tems; tigate the potential for improved communica- and conducting the program, the Administrator (G) provide a communications infrastructure, tions systems for tsunami and other hazard shall establish a coordinating committee com- in coordination with local communications pro- warnings by incorporating into the existing net- prising representatives of— viders, for at-risk tsunami communities that work a full range of options for providing those (1) the National Oceanic and Atmospheric Ad- supports rapid and reliable alert and notifica- warnings to the public, including, as appro- ministration; tion to the public, such as the National Oceanic priate— (2) the United States Geological Survey; and Atmospheric Administration’s Weather, (1) telephones, including special alert rings; (3) the Federal Emergency Management Agen- Alert, and Readiness Network, which includes (2) wireless and satellite technology, including cy; the weather radio and the All Hazard Alert cellular telephones and pagers; (4) the National Science Foundation; Broadcasting Radio; and (3) the Internet, including e-mail; (5) the National Institute of Standards and (H) the integration of NOAA’s Advanced (4) automatic alert televisions and radios; Technology; and (5) innovative and low-cost combinations of Weather Interactive Processing System with (6) affected coastal States and territories. such technologies that may provide access to re- other communications technologies. (c) PROGRAM COMPONENTS.—The program mote areas; and (4) FEDERAL COOPERATION.—In deploying and shall— (6) other technologies that may be developed. maintaining detection buoys utilized in the tsu- (1) improve the quality and extent of inunda- nami warning system, the Administrator should SEC. 6. TSUNAMI SYSTEM UPGRADE AND MOD- tion mapping, including assessment of vulner- ERNIZATION. leverage the assistance and assets of the United able inner coastal areas; (a) SYSTEM UPGRADES.—The Administrator of States Coast Guard, the Navy, and other Fed- (2) promote and improve community outreach the National Oceanic and Atmospheric Adminis- eral agency assets in the region. Within 180 and education networks and programs to ensure tration shall— days after the date of enactment of this Act, the community awareness and readiness, including (1) authorize and direct the immediate repair Administrator shall provide a report to the Sen- the development of multi-hazard risk and vul- of existing deep ocean detection buoys and re- ate committee on Commerce, Science, and Trans- nerability assessment training and decision sup- lated components of the system; portation, the House of Representatives Com- port tools, implementation of technical training (2) ensure the deployment of an array of deep mittee on Science, and the House of Representa- and public education programs, and provide for ocean detection buoys capable of carrying multi- tives Committee on Resources that summarizes certification of prepared communities; observation technology in the regions described the extent to which the United States Coast (3) integrate tsunami awareness, prepared- in section 3(a) of this Act; Guard or any other Federal agency is assistance ness, and mitigation programs into ongoing haz- (3) ensure expansion or upgrade of the seismic in deploying and maintaining such buoys. ard warning and risk management programs in monitoring and tide gauge networks in the re- (c) TSUNAMI WARNING CENTERS.— affected areas including the National Response gions described in section 3(a); and (1) IN GENERAL.—The Administrator shall es- Plan and State coastal zone management plans; (4) complete the upgrades not later than De- tablish tsunami warning centers to provide a (4) promote the adoption of tsunami warning cember 31, 2007. link between the detection and warning system and mitigation measures by Federal, State, trib- (b) TRANSFER OF TECHNOLOGY; MAINTENANCE and the tsunami hazard mitigation program es- al, and local governments and non-govern- AND UPGRADES.—In carrying out this section, tablished under section 4 including— mental entities through a grant program for the Administrator shall— (A) a Pacific Tsunami Warning Center in Ha- (1) promulgate specifications and standards training, development of guidelines, and other waii; for forecast, detection, and warning systems, in- purposes; (B) a West Coast and Alaska Tsunami Warn- cluding detection equipment; (5) through the Federal Emergency Manage- ing Center in Alaska; and (2) develop and execute a plan for the transfer ment Agency as the lead agency, develop tsu- (C) any additional warning centers deter- of technology from ongoing research to long- nami specific rescue and recovery guidelines for mined by the Administrator to be necessary. term operations; (2) RESPONSIBILITIES.—The responsibilities of the National Response Plan, including long- (3) ensure that detection equipment is main- each tsunami warning center shall include— term mitigation measures, educational programs tained in operational condition to fulfill the (A) continuously monitoring data from seismo- to discourage development in high-risk areas, forecasting, detection and warning requirements logical stations, deep ocean detection buoys, and use of remote sensing and other technology of the regional tsunami detection and warning and tidal monitoring stations and providing in rescue and recovery operations; systems; such data to the national tsunami archive; (6) require budget coordination, through the (4) obtain, to the greatest extent practicable, (B) evaluating earthquakes that have the po- Administration, to carry out the purposes of this priority treatment in budgeting for, acquiring, tential to generate tsunami; Act and to ensure that participating agencies transporting, and maintaining weather sensors, (C) evaluating deep ocean buoy data and tidal provide necessary funds for matters within their tide gauges, water level gauges, and tsunami monitoring stations for indications of tsunami respective areas of authority and expertise; and buoys incorporated into the system including resulting from sources other than earthquakes; (7) provide for periodic external review of the obtaining ship time; and and program and for inclusion of the results of such (5) ensure integration of the tsunami detection (D) disseminating information and warning reviews in the report required by section 6(e). system with other United States and global bulletins appropriate for local and distant SEC. 5. TSUNAMI RESEARCH PROGRAM. ocean and coastal observation systems, the tsunamis to government agencies and the public (a) ESTABLISHMENT.—The Administrator of Global Earth Observation System of Systems, and alerting potentially impacted coastal areas the National Oceanic and Atmospheric Adminis- global seismic networks, and the Advanced Na- for evacuation. tration shall, in coordination with other agen- tional Seismic System.

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(c) CERTIFICATION.—Amounts appropriated national Tsunami Warning System of the Pa- ing or emerging technologies, such as modeling, for any fiscal year pursuant to section 9 to cific, and which may also provide such assist- remote sensing, geospatial technology, engineer- carry out this section may not be obligated or ance to other nations participating in a global ing, and observing systems. expended for the acquisition of services for con- tsunami warning system established through the (5) Risk management data and information struction or deployment of tsunami detection International Oceanographic Committee of services, including access to data and products equipment unless the Administrator certifies in UNESCO. As part of its responsibilities in the derived from observing and detection systems, as writing to the Senate Committee on Commerce, Pacific, the Center shall— well as development and maintenance of new in- Science, and Transportation, the House of Rep- (1) monitor international tsunami warning ac- tegrated data products that would support risk resentatives Committee on Science, and the tivities in the Pacific; assessment and risk management programs. House of Representatives Committee on Re- (2) assist member states in establishing na- (6) Risk communication systems that coordi- sources within 60 calendar days after the date tional warning systems, and make information nate with and build upon existing alert, warn- on which the President submits the Budget of available on current technologies for tsunami ing, and forecast systems and actively engage the United States for that fiscal year to the Con- warning systems; policy officials, government agencies, busi- gress that— (3) maintain a library of materials to promul- nesses, communities, non-governmental organi- (1) each contractor for such services has met gate knowledge about tsunamis in general and zations, and the media in the design and imple- the requirements of the contract for such con- for use by the scientific community; and mentation of the system. struction or deployment; (4) disseminate information, including edu- (b) REGIONAL PILOT PROJECTS.— (2) the equipment to be constructed or de- cational materials and research reports. (1) IN GENERAL.—Within 1 year after the date ployed is capable of becoming fully operational (c) TECHNICAL ASSISTANCE.—In carrying out of enactment of this Act, the Administrator without the obligation or expenditure of addi- this section, the Administrator— shall, in consultation with the appropriate Fed- tional appropriated funds; and (1) shall give priority to assisting nations in eral, State, tribal, and local governmental enti- (3) the Administrator does not reasonably identifying vulnerable coastal areas, creating ties, establish 3 pilot projects to conduct re- foresee unanticipated delays in the deployment inundation maps, obtaining or designing real- gional assessments of the vulnerability of coast- and operational schedule specified in the con- time detection and reporting equipment, and es- al areas of the United States to hazards associ- tract. tablishing communication and warning net- ated with tsunami and other coastal hazards, (d) CONGRESSIONAL NOTIFICATIONS.—The Ad- works and contact points in each vulnerable na- including sea level rise, increases in severe ministrator shall notify the Senate Committee on tion; weather events, and climate variability and Commerce, Science, and Transportation, the (2) may establish a process for transfer of de- change. Priority shall be given to collaborative House of Representatives Committee on Science, tection and communication technology to af- partnership proposals from regionally-based and the House of Representatives Committee on fected nations for the purposes of establishing multi-organizational coalitions. In preparing Resources of— the international tsunami warning system; and the regional assessments, the Administrator (1) impaired regional detection coverage due (3) shall provide technical and other assist- shall collect and compile current information on to equipment or system failures; and ance to support international tsunami edu- tsunami, climate change, sea level rise, natural (2) significant contractor failures or delays in cation, response, vulnerability, and adaptation hazards, coastal erosion and mapping, and on- completing work associated with the tsunami programs. going regional efforts to address them. (2) SCOPE.—Regional assessments under the detection and warning system. (d) DATA-SHARING REQUIREMENT.—The Ad- (e) ANNUAL REPORT.—The Administrator shall ministrator may not provide assistance under pilot program shall include an evaluation of— (A) the social impacts associated with threats transmit an annual report to the Senate Com- this section for any region unless all affected to and potential losses of housing, communities, mittee on Commerce, Science, and Transpor- nations in that region participating in the tsu- and infrastructure; tation and the House of Representatives Com- nami warning network agree to share relevant (B) the physical impacts such as coastal ero- mittee on Science the status of the tsunami de- data associated with the development and oper- sion, flooding and loss of estuarine habitat, salt- tection and warning system, including accu- ation of the network. water intrusion of aquifers and saltwater en- racy, false alarms, equipment failures, improve- (e) FUNDING ASSISTANCE.—The Administrator, croachment, and species migration; ments over the previous year, and goals for fur- in coordination with the Secretary of State, (C) the economic impact on local, State, tribal, ther improvement (or plans for curing failures) shall seek funding assistance from participating and regional economies, including the impact on of the system, as well as progress and accom- nations needed to ensure establishment of a coastal infrastructure and the abundance or plishments of the national tsunami hazard miti- fully functional global tsunami warning system. distribution of economically important living gation program. (f) RECEIPT OF INTERNATIONAL REIMBURSE- marine resources; and (f) EXTERNAL REVIEW.—The National Acad- MENT AUTHORIZED.—The Administrator may ac- (D) opportunities to enhance the resilience of emy of Science shall review the tsunami detec- cept payment to, or reimbursement of, the Na- at-risk communities, economic sectors, and nat- tion, forecast, and warning system operated by tional Oceanic and Atmospheric Administration ural resources. the National Oceanic and Atmospheric Adminis- in cash or in kind from international organiza- (c) SELECTION CRITERIA.—The Administrator tration under this Act to assess further mod- tions and foreign authorities, or payment or re- shall rely on the following criteria in identifying ernization and coverage needs, as well as long- imbursement made on behalf of such an author- appropriate regional pilot projects: term operational reliability issues, taking into ity, for expenses incurred by the Administrator (1) Vulnerability to tsunami, hurricanes, ex- account measures implemented under this Act, in carrying out any activity under this Act. Any treme weather, flooding, climate, and other and transmit a report containing its rec- such payments or reimbursements shall be con- coastal hazards. ommendations, including an estimate of the sidered a reimbursement to the appropriated (2) Dependence on economic sectors and nat- costs of implementing those recommendations, to funds of the Administration. ural resources that are particularly sensitive to the Senate Committee on Commerce, Science, SEC. 8. COASTAL COMMUNITY VULNERABILITY coastal hazards. and Transportation and the House of Rep- AND ADAPTATION PROGRAM. (3) Opportunities to link and leverage related resentatives Committee on Science within 24 (a) ESTABLISHMENT.—The Administrator of regional risk observation, research, forecasting, months after the date of enactment of this Act. the National Oceanic and Atmospheric Adminis- assessment, educational and risk management SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGA- tration shall establish an integrated coastal vul- programs. (4) Demonstration of strong, interagency col- TION NETWORK. nerability and adaptation program focused on (a) INTERNATIONAL TSUNAMI WARNING SYS- laboration in the area of risk management. improving the resilience of coastal communities (5) Access to NOAA and other Federal agency TEM.—The Administrator of the National Oce- to natural hazards and disasters. The program programs, facilities, and infrastructure related anic and Atmospheric Administration, in coordi- shall be regional in nature, build upon and inte- to tsunami and other coastal hazards moni- nation with other members of the United States grate existing Federal and State programs, and toring, warning, forecasting, research assess- Interagency Committee of the National Tsunami provide usable products that will improve pre- ment, and data management. Mitigation Program, shall provide technical as- paredness of communities, businesses, and gov- (d) REGIONAL ADAPTATION PLANS.—The Ad- sistance and advice to the Intergovernmental ernment entities. The program may include the ministrator shall, within 3 years after the com- Oceanographic Commission of UNESCO, the following activities: mencement of each project under subsection (b), World Meteorological Organization, the Group (1) Development of multi-hazard vulnerability submit to the Congress regional adaptation on Earth Observations, and other international maps to characterize and assess risks of coastal plans— entities, as part of international efforts to de- communities to a range of natural hazards and (1) based on the information contained in the velop a fully functional global tsunami warning provide a baseline for assessing future risks. regional assessments conducted under sub- system comprised of regional tsunami warning (2) Multi-disciplinary vulnerability assessment section (b); networks, modeled on the International Tsu- research and education that will help integrate (2) developed with the participation of other nami Warning System of the Pacific, and con- risk management with community development Federal agencies, State, tribal, and local govern- sistent with the 10-year implementation plan for planning and policies. ment agencies, and non-governmental entities the Global Earth Observation System of Sys- (3) Risk management and leadership training (including academia and the private sector) that tems. for the public, local officials, and institutions will be critical in the implementation of the plan (b) INTERNATIONAL TSUNAMI INFORMATION that will enhance understanding and prepared- at the State, tribal, and local levels; CENTER.—The Administrator shall operate an ness. (3) that recommend targets and strategies to International Tsunami Information Center to (4) Risk assessment technology development, address coastal impacts associated with tsu- improve tsunami preparedness for all Pacific including research and development of emerging nami, climate change, sea level rise, or climate Ocean nations participating in the Inter- technologies and practical application of exist- variability;

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Above all, however, it recover our domestic shores, and, at the (C) enhancing the effectiveness of State coast- quires the willingness to invest re- same time, to reach out to all cooper- al zone management programs in mitigating or sources to prepare for a threat that is ating nations of the world. preventing coastal risks; largely unseen and unpredictable, until Forecasting and warning networks, (D) mitigation incentives such as rolling ease- the last moment, when a monstrous however, depend on ears who know how ments, strategic retreat, State or Federal acquisition in fee simple or other interest in land, wave actually strikes. to respond, and so the Tsunami Hazard construction standards, and zoning; The people of Alaska and Hawaii Mitigation Program has partnered with (E) land and property owner education; have long memories and a keen aware- States and local authorities to produce (F) economic planning for small communities ness of the threat of tsunami. Perhaps inundation mapping, develop evacu- dependent upon affected coastal resources, in- it is because Hawaii sits in a position ation routes, and conduct tsunami edu- cluding fisheries; and of terrible vulnerability in the Pacific cation. As a result of much hard work, (G) funding requirements and mechanisms. Ocean, which is the site of 85 percent of 15 counties along the West Coast and in (e) TECHNICAL PLANNING AND FINANCIAL AS- SISTANCE.—The Administrator, through the Na- the world’s tsunami activity, and be- Alaska and Hawaii have become national Ocean Service, shall establish a coordi- cause Alaska, perched on the northern tional and world leaders by becoming nated program— edge of the Pacific’s Ring of Fire, suf- ‘‘tsunami ready.’’ (1) to provide technical planning assistance fers frequent tsunami-generating The appalling scope of the Indian and financial assistance to coastal States, earthquakes. Yet we are not the only Ocean tragedy illustrates the impor- tribes, and local governments as they develop States at risk from tsunami. There is a tance and necessity of our work of the and implement adaptation or mitigation strate- 14 percent chance that the coast of Or- past 10 years, and with stark clarity, gies and plans under this section; and we can see that despite our best efforts, (2) to make products, information, tools, and egon will, within the next 50 years, see technical expertise generated from the develop- a tsunami similar in magnitude to the much remains to be done. Now, as be- ment of the regional assessment and the re- one that recently took so many lives in fore, Senator STEVENS and I have come gional adaptation plan available to coastal the Indian Ocean. A recent study by together to lead the charge toward na- States for the purposes of developing their own the University of Southern California tional and international tsunami pre- State, tribal, and local plans. found that undersea slumping off the paredness. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. California coast could generate a tsu- The bill formally authorizes NOAA to There are authorized to be appropriated to the nami with the potential to take many establish, operate, and maintain a de- Administrator of the National Oceanic and At- thousands of lives and cause over $40 pendable national tsunami warning mospheric Administration— system that would provide maximum (1) $35,000,000 for each of fiscal years 2006 billion in damages. through 2012 to carry out this Act (other than In order to protect local commu- tsunami detection capability for the section 8); and nities, Hawaii established in 1949 a tsu- Nation. The system would build on the (2) $5,000,000 for each of such fiscal years to nami warning center, following a trag- model established in the Pacific, and carry out section 8, of which at least $3,000,000 ic Hilo tsunami. In response to the provide for its repair, expansion and for each fiscal year shall be used to carry out Good Friday earthquake and tsunami modernization by the close of calendar the pilot projects authorized by section 8(b). of 1964, which accounted for 90 percent year 2007. The system would include Mr. INOUYE. Mr. President, today I of the deaths in the State that year, four components: an expanded and up- rise in support of S. 50, the Tsunami Alaska established an observatory in graded detection and warning system, Preparedness Act, which Senator STE- Palmer, AK, in 1967. Collaborations be- a Federal-State tsunami hazard miti- VENS and I introduced in January 2004, tween the two centers and other part- gation program, a tsunami research and which is now being considered by ners led to a nascent capacity for pre- program, and a modernization and up- the full Senate. We are joined by 24 of dicting and warning coastal commu- grade program. In addition, S. 50 would our friends and colleagues as cospon- nities about potential tsunami in Alas- direct NOAA to provide any necessary sors, including Senators CANTWELL, ka and Hawaii and beyond. technical or other assistance to inter- BURNS, LAUTENBERG, SNOWE, AKAKA, As we came to understand the broad- national efforts to establish regional MURKOWSKI, CLINTON, SMITH, MURRAY, er threat that tsunami posed, TED STE- systems in other parts of the world, in- LIEBERMAN, LANDRIEU, BILL NELSON, VENS and I worked together to pass leg- cluding the Indian Ocean. KERRY, CHAMBLISS, WYDEN, DAYTON, islation in 1994 to direct the National The detection and warning system BOXER, FEINSTEIN, MIKULSKI, SAR- Oceanic and Atmospheric Administra- established by the bill would cover the BANES, CORZINE, LOTT, GREGG, and BEN tion, NOAA, to develop a Tsunami Haz- Pacific Ocean region, as well as the At- NELSON. ard Mitigation Program. We are lantic-Caribbean-Gulf of Mexico region. This bill, which the Commerce Com- pleased to report that the program has The system would incorporate a vari- mittee unanimously approved in laid the foundation for tsunami pre- ety of seismic and tsunami detection March, provides a scientific and tech- paredness. technologies, including deep ocean nological response to minimize the Through its Pacific Marine Environ- buoys. The system also would encom- threats posed by tsunami to our own mental Laboratory, PMEL, NOAA has pass tsunami warning centers charged shores and coastal communities around developed Deep Ocean Assessment and with collecting and analyzing the data the world. While we have had limited Reporting of Tunami—or ‘‘DART’’— and distributing warnings, including observation and detection capabilities buoys, which accurately measure the the existing Pacific Tsunami Warning dating back to 1949, we must have a subtle variations in the ocean’s sea Center in Hawaii and the West Coast/ more robust, reliable, and well-main- level caused by tsunami traveling over Alaska Tsunami Warning Center in tained tsunami warning system. The open water. With these measurements, Alaska, as well as any others deemed appalling scope of the Indian Ocean as well as readings from coastal necessary by the NOAA Administrator. tsunami of December 26, 2004 made gauges, mathematical models can fore- The bill formally authorizes NOAA’s clear the need and the urgency to de- cast tsunami direction, speed, and in- Tsunami Hazard Mitigation Program velop more advanced detection capa- undation with astonishing accuracy. and its community-based tsunami haz- bilities. Although the worldwide network of ard mitigation program to improve Our legislation builds on our previous seismic sensors operated by the U.S. tsunami preparedness of at-risk areas. work and will establish a warning sys- Geological Survey, USGS, provides ex- The bill directs a Federal-State coordi- tem in the Pacific that is a model for cellent notice of earthquakes with the nating committee for the program to the world. It also provides for expan- potential to generate tsunami, the work together to improve inundation sion and improvement to repair gaps DART buoys represent a next-genera- mapping, community outreach and that have been identified recently. tion approach to detection and fore- education, and promote and integrate Protecting human life and property casting of tsunami that will form the tsunami warning and mitigation meas- from natural disaster requires three backbone of our domestic preparedness. ures, including rescue and recovery

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The amendment (No. 1101) was agreed program to continuously improve de- I believe that this bill will provide to. tection, prediction, communication, services of incalculable value to our (The amendment is printed in today’s and mitigation science and technology Nation. The return on our investment RECORD under ‘‘Text of Amendments.’’) to support tsunami forecasts and warn- may not happen this day or the next The bill (S. 50), as amended, was read ings. This program would also focus on but it will happen. I hope that you will the third time, and passed. the potential for improved communica- join me and my cosponsors in sup- tions systems for tsunami and other porting enactment of the Tsunami Pre- f hazard warnings, including telephones, paredness Act. OCEAN AND COASTAL OBSERVA- wireless and satellite technology, the Mr. WYDEN. Mr. President, Oregon’s TION SYSTEM ACT OF 2005 Internet, television and radio, and any 363 miles of coastline are extremely The Senate proceeded to consider the innovative combination of these tech- susceptible to tsunamis. Just 2 weeks bill (S. 361) to develop and maintain an nologies. ago, at 7:40 p.m. on June 14, 2005, the integrated system of ocean and coastal Another critical component of the tsunami threat became reality for observations for the Nation’s coasts, bill requires NOAA to upgrade and those living on or visiting the coast. A oceans, and Great Lakes, improve modernize the U.S. tsunami detection 7.0 earthquake off the coast of Cali- warnings of tsunamis, and other nat- system by December 2007, and provide fornia triggered an automatic tsunami ural hazards, enhance homeland secu- accountability for the long-term oper- warning for the entire west coast of the rity, support maritime operations, and ation of the system. NOAA is required United States. The emergency response for other purposes. to repair and upgrade the system, en- capabilities of these communities were AMENDMENT NO. 1102 suring deployment of existing deep put to the test. Fortunately, the warn- (Purpose: To develop and maintain an inte- ocean detection buoys and related de- ing was called off at 9:09 p.m. after it grated system of ocean and coastal obser- tection equipment, as well as notify was determined that the earthquake vations for the Nation’s coasts, oceans and Congress immediately not only of any failed to produce a tsunami. Great Lakes, improve warnings of equipment or system failures that will Looking back, a lot of things went tsunamis and other natural hazards, im- impair regional detection, but also of right. In Oregon, in cities such as Sea- prove management of coastal and marine significant contractor failures or side and Cannon Beach, the alarms resources, and for other purposes) delays. In addition, the bill calls for were sounded and people evacuated. (The amendment is printed in today’s the National Academy of Sciences to However, there is a lot more that needs RECORD under ‘‘Text of Amendments.’’) review the system for further mod- to be done. Models indicate that should The amendment (No. 1102) was agreed ernization recommendations. an offshore earthquake trigger a tsu- to. One of the changes we made to the nami, coastal towns will only have be- The amendment (No. 1103) was agreed bill resulted from testimony at the tween 12 and 30 minutes before the first to, as follows: committee’s February 2, 2005, hearing, wave hits the beach. On June 14, for Amend the title so as to read ‘‘A bill to de- and focuses on improving warning and many people on the coast, the informa- velop and maintain an integrated system of preparedness for all coastal hazards, tion would have come too late. ocean and coastal observations for the Na- not only tsunami. The bill now con- I am pleased that the Tsunami Pre- tion’s coasts, oceans and Great Lakes, im- tains a Coastal Community Vulner- paredness Act, S. 50, of which I am a prove warnings of tsunamis and other nat- ability and Adaptation program at consponsor and strong supporter, will ural hazards, and for other purposes.’’. NOAA would encourage collaboration pass the Senate by unanimous consent Ms. SNOWE. Mr. President, thank among Federal, State, local, and re- today. The world has recently seen how you for allowing the Senate to consider gional efforts through pilot projects fo- potentially devastating a tsunami can S. 361, the Ocean and Coastal Observa- cusing on: No. 1, development of vul- be. America needs to take steps to pre- tion Systems Act of 2005. I must also nerability maps for coastal commu- pare and be ready. Oregonians are thank my cosponsors, Senators KERRY, nities to a wide array of potential haz- acutely aware that, at some point, a STEVENS, INOUYE, COLLINS, SARBANES, ards; No. 2, better integration of risk tsunami could hit the coast of the LAUTENBERG, LOTT, and CANTWELL. management with community plan- United States. This bill will give our Their commitment to sound, science- ning; No. 3, rick management leader- coastal communities opportunities based marine policy enabled us to craft ship training for public officials; No. 4, that weren’t afforded the victims of the this critical legislation that would do development of risk assessment tech- tragic tsunami in Southeast Asia last nothing less than revolutionize our un- nologies; No. 5, new data services to year. It will harness the brains and ex- derstanding of the oceans. support the new risk management ac- pertise of universities, like Oregon This bill, the Ocean and Coastal Ob- tivities; and No. 6, new risk commu- State University and Oregon Health servation Systems Act of 2005, would nication systems. The bill would au- and Science University, to improve our create an integrated network of ocean thorize $5 million annually for fiscal tsunami detection and warning system monitoring systems around our Na- year 2006–2012 for the program. and to make available the resources tion’s coastlines, enabling comprehen- The bill also recognizes the need for necessary to adequately prepare, in- sive ocean data to be collected, com- global coordination on tsunami pre- form, and protect U.S. citizens. piled, and utilized in ways that en- paredness, and as such, requires NOAA, The U.S. has the tools to establish a hance our safety, livelihoods, and over- and the interagency coordinating com- top-notch national tsunami warning all quality of life. mittee of the U.S. Tsunami Hazard system and hazard mitigation program. Although 140 million Americans live Mitigation Program, to provide tech- Oregon universities are leading the along our Nation’s 95,000 miles of nical assistance and advice to inter- way in tsunami research, and the prac- coastline, most of these coastal resi- national entities as part of an inter- tical applications of this research must dents would be surprised to learn how national effort to develop a fully func- be used. Our region, and the other vul- little we know about what happens at tional global tsunami warning system. nerable areas in the Nation, will ben- and below the sea’s surface. Marine sci- The bill would also encourage nations efit from better knowledge about the entists strive to collect data on the bi- to share information and funding for tracking, forecasting, and effects of ological, physical, and chemical prop- such activities. tsunami waves. I look forward to the erties of the ocean, yet many of their Finally, the bill authorizes $35 mil- implementation of the Tsunami Pre- questions about our complex marine lion annually for 6 years to support paredness Act and to reviewing the environment remain unanswered. tsnunami related activities. Through first annual report to Congress on the Moreover, there is a tremendous and

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When assessment, and warnings to the millions of people living in coastal regions of the United whether for marine science, resource this happens, we lose the ability to de- States and throughout the world. management, and maritime transpor- velop a comprehensive assessment of (3) The 95,000-mile coastline of the United tation and safety. coastal and ocean conditions around States, including the Great Lakes, is vital to Having more than 5,000 miles of the Nation. the Nation’s prosperity, contributing over shoreline, my home State of Maine has S. 361, the Ocean and Coastal Obser- $117 billion to the national economy in 2000, a strong heritage linked to the sea. Our vation Systems Act of 2005, would fa- supporting jobs for more than 200 million coastal communities are highly de- cilitate action to correct this problem. Americans, and supporting commercial and pendent on the fisheries resources and sport fisheries valued at more than $50 bil- This bill would coordinate the regional lion annually. other essential services provided to us ocean and coastal observation efforts (4) Responding to coastal hazards and man- by the Gulf of Maine, and for centuries and link them at the national level aging fisheries and other coastal activities our lives and livelihoods have required under the leadership of NOAA. It would require improved monitoring of the Nation’s us to understand and adapt to ever- help further develop regional observa- waters and coastline, including the ability to changing ocean conditions. tion systems, link them through a na- provide rapid response teams with real-time This critical need for information tionwide network, and ensure public environmental conditions necessary for their was the driving force behind the inno- access to the information so that any- work. vation that led to the Gulf of Maine (5) While knowledge of the ocean and one, anywhere, at any time could bet- coastal environment and processes is far Ocean Observing System, or GoMOOS. ter understand and track ocean and from complete, advances in sensing tech- A partnership of marine science insti- coastal conditions. It would authorize nologies and scientific understanding have tutions and ocean-dependent organiza- the National Ocean Research Leader- made possible long-term and continuous ob- tions launched GoMOOS in 2001 with ship Council to establish an inter- servation from shore, from space, and in situ the deployment of ten observation agency program office that would plan of ocean and coastal characteristics and con- buoys in the Gulf of Maine. Since then, and coordinate operational activities ditions. (6) Many elements of an ocean and coastal these buoys have taken nearly contin- and budgets, as well as oversee a re- uous measurements of wind speed, observing system are in place, but require search and development program. Fur- national investment, consolidation, comple- wave height, temperature, fog, cur- ther, this bill would charge NOAA as tion, and integration at Federal, regional, rents, salinity, turbidity, dissolved ox- the lead Federal agency to ensure that State, and local levels. ygen, and other key environmental this national network of regional ob- (7) The Commission on Ocean Policy rec- variables. By modifying the instrumen- servation associations, such as ommends a national commitment to a sus- tation, scientists can gather other data GoMOOS and others under develop- tained and integrated ocean and coastal observing system and to coordinated research from these platforms, and they can fur- ment, effectively integrate and utilize ther link it to ocean information re- programs in order to assist the Nation and ocean data for the benefit of the Amer- the world in understanding the oceans, im- layed by radar and satellites. GoMOOS ican public. proving weather forecasts, strengthening compiles these data and makes it As the U.S. Ocean Commission made management of ocean and coastal resources, available to any ocean stakeholder via clear in its final report issued in Sep- and mitigating marine hazards. the internet, on a near real-time basis. tember 2004, ocean and coastal observa- (8) In 2003, the United States led more than Not only is this a tremendous public tions are a cornerstone of sound ma- 50 nations in affirming the vital importance service to those affected by sea condi- of timely, quality, long-term global observa- rine science, management, and com- tions as a basis for sound decision-making, tions, but it also provides a tremen- merce, and the potential uses of this dous economic return—nearly $6 for recognizing the contribution of observation system are nearly unlimited. As chair systems to meet national, regional, and glob- every $1 invested—to the New England of the Subcommittee on Fisheries and al needs, and calling for strengthened co- region. Coast Guard and as a coastal State operation and coordination in establishing a The impact of GoMOOS in our region Senator, I am extremely proud to spon- Global Earth Observation System of Sys- has been profound. Fisheries scientists sor and support this bill. It is impera- tems, of which an integrated ocean and and managers use this information to tive that we in Congress facilitate the coastal observing system is an essential part. predict ocean conditions that affect development and funding of a national, productivity, and they are finding new (b) PURPOSES.—The purposes of this Act integrated, and sustained ocean obser- are to provide for— ways to apply this information in re- vation network, and we can start by (1) the planning, development, and mainte- source management. Fishermen, sail- passing the bill before us. This bill, nance of an integrated ocean and coastal ob- ors, Coast Guard search-and-rescue once enacted, will provide a tremen- serving system that provides the data and units, the military, and others who tra- dous public service along our Nation’s information to sustain and restore healthy verse the ocean are better able to pre- oceans and coasts, and I thank my col- marine and Great Lakes ecosystems and the dict safe sea conditions, and shippers resources they support, enable advances in leagues for supporting it. scientific understanding of the oceans and can transport their goods more effi- The bill (S. 361), as amended, was ciently. Ocean scientists and regu- the Great Lakes, and strengthen science read the third time, and passed, as fol- eduation and communication; lators are better able to understand, lows: (2) implementation of research, develop- predict, and rapidly respond to marine S. 361 ment, education, and outreach programs to pollution and hazardous ocean condi- improve understanding of the oceans and Be it enacted by the Senate and House of Rep- tions such as harmful algal blooms. Great Lakes and achieve the full national resentatives of the United States of America in benefits of an integrated ocean and coastal Educators and students are learning Congress assembled, more about marine science. observing system; SECTION 1. SHORT TITLE. (3) implementation of a data and informa- Of course, all States that border our This Act may be cited as the ‘‘Ocean and Nation’s oceans and Great Lakes would tion management system required by all Coastal Observation System Act of 2005’’. components of an integrated ocean and benefit from easy access to this kind of SEC. 2. FINDINGS AND PURPOSES. coastal observing system and related re- ocean information. Following the ex- (a) FINDINGS.—Congress finds the fol- search to develop early warning systems and ample of GoMOOS, more than a dozen lowing: insure usefulness of data and information for ocean and coastal observing systems (1) Ocean and coastal observations provide users; and are being developed and implemented vital information for protecting human lives (4) establishment of a system of regional around the Nation, many in conjunc- and property from marine hazards, pre- ocean, coastal, and Great Lakes observing tion with the National Oceanic and At- dicting weather, improving ocean health and systems to address local needs for ocean information. mospheric Administration or NOAA, providing for the protection and enjoyment of the resources of the Nation’s coasts, SEC. 3. DEFINITIONS. State coastal managers, universities, oceans, and Great Lakes. In this Act: marine industries, and other regional (2) The continuing and potentially dev- (1) COUNCIL.—The term ‘‘Council’’ means partners. While these systems can pro- astating threat posed by tsunamis, hurri- the National Ocean Research Leadership vide valuable services to their region, canes, storm surges, and other marine haz- Council.

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(2) OBSERVING SYSTEM.—The term ‘‘observ- interagency program office in consultation serving system for the purpose of assimi- ing system’’ means the integrated coastal, with the regional associations; lating, managing, disseminating, and ocean and Great Lakes observing system to (3) coordinate the observing system with archiving data from regional observation be established by the Committee under sec- other earth observing activities including systems and other observation systems. tion 4(a). the Global Ocean Observing System and the (f) REGIONAL ASSOCIATIONS OF OCEAN AND (3) INTERAGENCY PROGRAM OFFICE.—The Global Earth Observing System of Systems; COASTAL OBSERVING SYSTEMS.—The Adminis- term ‘‘interagency program office’’ means (4) coordinate and administer programs of trator of the National Oceanic and Atmos- the office established under section 4( d). research, development, education, and out- pheric Administration may certify one or SEC. 4. INTEGRATED OCEAN AND COASTAL OB- reach to support improvements to and the more regional associations to be responsible SERVING SYSTEM. operation of an integrated ocean and coastal for the development and operation of re- (a) ESTABLISHMENT.—The President, acting observing system and to advance the under- gional ocean and coastal observing systems through the Council, shall establish and standing of the oceans; to meet the information needs of user groups maintain an integrated system of ocean and (5) establish pilot projects to develop tech- in the region while adhering to national coastal observations, data communication nology and methods for advancing the devel- standards. To be certifiable by the Adminis- and management, analysis, modeling, re- opment of the observing system; trator, a regional association shall— search, education, and outreach designed to (6) provide, as appropriate, support for and (1) demonstrate an organizational struc- provide data and information for the timely representation on United States delegations ture capable of supporting and integrating detection and prediction of changes occur- to international meetings on ocean and all aspects of ocean and coastal observing ring in the ocean, coastal and Great Lakes coastal observing programs; and and information programs within a region; environment that impact the Nation’s social, (7) in consultation with the Secretary of (2) operate under a strategic operations economic, and ecological systems. The ob- State, coordinate relevant Federal activities and business plan that details the operation serving system shall provide for long-term, with those of other nations. and support of regional ocean and coastal ob- continuous and quality-controlled observa- (d) INTERAGENCY PROGRAM OFFICE.—The serving systems pursuant to the standards tions of the coasts, oceans, and Great Lakes Council shall establish an interagency pro- established by the Council; for the following purposes: gram office to be known as ‘‘OceanUS’’. The (3) provide information products for mul- (1) Improving the health of the Nation’s interagency program office shall be respon- tiple users in the region; coasts, oceans, and Great Lakes. sible for program planning and coordination (4) work with governmental entities and (2) Protecting human lives and livelihoods of the observing system. The interagency programs at all levels within the region to from hazards such as tsunamis, hurricanes, program office shall— provide timely warnings and outreach to coastal erosion, and fluctuating Great Lakes (1) prepare annual and long-term plans for protect the public; and water levels. consideration by the Council for the design (5) meet certification standards developed (3) Understanding the effects of human ac- and implementation of the observing system by the interagency program office in con- tivities and natural variability on the state that promote collaboration among Federal junction with the regional associations and of the coasts, oceans, and Great Lakes and agencies and regional associations in devel- approved by the Council. the Nation’s socioeconomic well-being. oping the global and national observing sys- Nothing in this Act authorizes a regional as- (4) Providing for the sustainable use, pro- tems, including identification and refine- sociation to engage in lobbying activities (as tection, and enjoyment of ocean, coastal, ment of a core set of variables to be meas- defined in section 3(7) of the Lobbying Dis- and Great Lakes resources. ured by all systems; closure Act of 1995 (2 U.S.C. 1602(7)). (5) Providing information that can support (2) coordinate the development of agency the eventual implementation and refinement (g) CIVIL LIABILITY.—For purposes of sec- priorities and budgets for implementation of tion 1346(b)(1) and chapter 171 of title 28, of ecosystem-based management. the observing system, including budgets for (6) Supplying critical information to ma- United States Code, the Suits in Admiralty the regional associations; rine-related businesses such as aquaculture Act (46 U.S.C. App. 741 et seq.), and the Pub- (3) establish and refine standards and pro- lic Vessels Act (46 U.S.C. App. 781 et seq.), and fisheries. tocols for data management and communica- (7) Supporting research and development any regional ocean and coastal observing tions, including quality standards, in con- to ensure continuous improvement to ocean, system that is a designated part of a re- sultation with participating Federal agen- coastal, and Great Lakes observation meas- gional association certified under this sec- cies and regional associations; urements and to enhance understanding of tion shall, in carrying out the purposes of (4) develop a process for the certification of the Nation’s ocean, coastal, and Great Lakes this Act, be deemed to be part of the Na- the regional associations and their periodic resources. tional Oceanic and Atmospheric Administra- review and recertification; (b) SYSTEM ELEMENTS.—In order to fulfill tion, and any employee of such system, while the purposes of this Act, the observing sys- (5) establish an external technical com- acting within the scope of his or her employ- tem shall consist of the following program mittee to provide biennial review of the ob- ment in carrying out such purposes, shall be elements: serving system; and deemed to be an employee of the Govern- (1) A national program to fulfill national (6) provide for opportunities to partner or ment. contract with private sector companies in observation priorities, including the Nation’s SEC. 5. RESEARCH, DEVELOPMENT, AND EDU- ocean contribution to the Global Earth Ob- deploying ocean observation system ele- CATION. ments. servation System of Systems and the Global The Council shall establish programs for (e) LEAD FEDERAL AGENCY.—The National Ocean Observing System. research, development, education, and out- Oceanic and Atmospheric Administration (2) A network of regional associations to reach for the ocean and coastal observing shall be the lead Federal agency for imple- manage the regional ocean and coastal ob- system, including projects under the Na- mentation and operation of the observing serving and information programs that col- tional Oceanographic Partnership Program, system. Based on the plans prepared by the lect, measure, and disseminate data and in- consisting of the following: interagency program office and adopted by formation products to meet regional needs. (1) Basic research to advance knowledge of the Council, the Administrator of the Na- (3) A data management and dissemination ocean and coastal systems and ensure con- tional Oceanic and Atmospheric Administra- system for the timely integration and dis- tinued improvement of operational products, tion shall— semination of data and information products including related infrastructure and observ- (1) coordinate implementation, operation from the national and regional systems. ing technology. (4) A research and development program and improvement of the observing system; (2) establish efficient and effective (2) Focused research projects to improve conducted under the guidance of the Council. understanding of the relationship between (5) An outreach, education, and training adininistrative procedures for allocation of the coasts and oceans and human activities. program that augments existing programs, funds among Federal agencies and regional (3) Large scale computing resources and re- such as the National Sea Grant College Pro- associations in a timely manner and accord- search to advance modeling of ocean and gram, the Centers for Ocean Sciences Edu- ing to the budget adopted by the Council; coastal processes. cation Excellence program, and the National (3) implement and maintain appropriate (4) A coordinated effort to build public edu- Estuarine Research Reserve Systen, to en- elements of the observing system; cation and awareness of the ocean and coast- sure the use of the data and information for (4) provide for the migration of scientific al environment and functions that integrates improving public education and awareness of and technological advances from research ongoing activities such as the National Sea the Nation’s oceans and building the tech- and development to operational deployment; Grant College Program, the Centers for nical expertise required to operate and im- (5) integrate and extend existing programs Ocean Sciences Education Excellence, and prove the observing system. and pilot projects into the operational obser- the National Estuarine Research Reserve (c) COUNCIL FUNCTIONS.—In carrying out vation system; responsibilities under this section, the Coun- (6) certify regional associations that meet System. cil shall— the requirements of subsection (f); and SEC. 6. INTERAGENCY FINANCING. (1) serve as the oversight body for the de- (7) integrate the capabilities of the Na- The departments and agencies represented sign and implementation of all aspects of the tional Coastal Data Development Center and on the Council are authorized to participate observing system; the Coastal Services Center of the National in interagency financing and share, transfer, (2) adopt plans, budgets, and standards Oceanic and Atmospheric Administration, receive, obligate, and expend funds appro- that are developed and maintained by the and other appropriate centers, into the ob- priated to any member of the Council for the

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7939 purposes of carrying out any administrative The four bills are: S. 50, the Tsunami weather and flood forecasting, promote or programmatic project or activity under Preparedness Act; S. 39, the National understanding of climatic variability this Act or under the National Oceano- Ocean Exploration Program Act; S. 361, processes, enhance safety and effi- graphic Partnership Program, including sup- the Ocean and Coastal Observation port for the interagency program office, a ciency of marine operations, facilitate common infrastructure, and system integra- System Act of 2005; and S. 362, the Ma- research, improve management of mation for a ocean and coastal observing sys- rine Debris Research, Prevention, and rine and coastal ecosystems, and pro- tem. Funds may be transferred among such Reduction Act of 2005. vide information to raise public aware- departments and agencies through an appro- The Tsunami Preparedness Act is the ness of oceans. priate instrument that specifies the goods, first bill that Senator Inouye and I And finally there is the Marine De- services, or space being acquired from an- drafted as the new Co-chairmen of the bris Research, Prevention, and Reduc- other Council member and the costs of the Commerce Committee. It was devel- tion Act of 2005. Authored by Senator same. oped in the wake of the devastating In- INOUYE, this bill responds to the imme- SEC. 7. APPLICATION WITH OUTER CONTI- NENTAL SHELF LANDS ACT. dian Ocean tsunami that took lives in diate need to prevent and reduce sig- Nothing in this Act supersedes, or limits 11 countries and provides an expanded nificantly the amount of trash that is the authority of the Secretary of the Inte- tsunami detection and warning system collecting in our oceans. The bill estab- rior under the Outer Continental Shelf Lands for the United States. The bill author- lishes separate programs within NOAA Act (43 U.S.C. 1331 et seq.). izes the National Oceanic and Atmos- and the Coast Guard to identify, assess, SEC. 8. AUTHORIZATION OF APPROPRIATIONS. pheric Administration, NOAA, to es- reduce and prevent marine debris and There are authorized to be appropriated to tablish, operate, and maintain a de- its adverse impacts on the marine envi- the National Oceanic and Atmospheric Ad- pendable national tsunami warning ministration for the implementation of an ronment and navigation safety. In ad- integrated ocean and coastal observing sys- system that would provide maximum dition the bill creates an Interagency tem under section 4, and the research and de- tsunami detection capability for the Committee on Marine Debris to coordi- velopment program under section 5, includ- Nation. The system would build on the nate federal efforts to prevent and re- ing financial assistance to the interagency model established in the Pacific, and duce marine debris. program office, the regional associations for provide for its repair, expansion and I look forward to the new informa- the implementation of regional ocean and modernization by the close of calendar tion and management capabilities coastal observing systems, and the depart- year 2007. In addition, the bill directs these bills will provide. Alaska has ments and agencies represented on the Coun- cil, $150,000,000 for each of fiscal years 2006 NOAA to provide any necessary tech- more coastline than the rest of the through 2010. At least 50 percent of the sums nical support or other assistance to country combined. The oceans are a appropriated for the implementation of the international efforts to establish re- vital part of our way of life, and we de- integrated ocean and coastal observing sys- gional tsunami detection and warning pend on sound scientific research to tem under section 4 shall be allocated to the systems in other parts of the world, in- maintain them. These bills are impor- regional associations certified under section cluding the Indian Ocean. tant to increase our efforts to be good 4(f) for implementation of regional ocean and I wrote the next bill, National Ocean stewards of our oceans. coastal observing systems. Sums appro- Exploration Program Act, for the sim- I thank my colleagues on the Com- priated pursuant to this section shall remain ple fact that very little is known about available until expended. merce Committee and those in the Sen- our oceans and more research and ex- SEC. 9. REPORTING REQUIREMENT. ate for their overwhelming support of Not later than March 31, 2010, the Presi- ploration is desperately needed. Ap- these bills. dent, acting through the Council, shall proximately 95 percent of the ocean f transmit to Congress a report on the pro- floor remains unexplored, much of it grams established under sections 4 and 5. located in the polar-regions and south- DISCHARGE AND REFERRAL—S. 759 The report shall include a description of ac- ern ocean. We know more about the Mr. MCCONNELL. I ask unanimous tivities carried out under the programs, an surface of the moon than the ocean consent the Committee on the Judici- evaluation of the effectiveness of the pro- floor; this bill is intended to change ary be discharged from further consid- grams, and recommendations concerning re- that. The National Ocean Exploration eration of S. 759, a bill to amend the In- authorization of the programs and funding ternal Revenue Code of 1986 to make levels for the programs in succeeding fiscal Program Act establishes a national years. program within NOAA to conduct higher education more affordable and Mr. STEVENS. Mr. President, the inter-disciplinary ocean exploration for other purposes, and that the bill be Committee on Commerce, Science, and voyages in partnership with other Fed- referred to the Committee on Finance. transportation, which I co-chair with eral agencies or academic institutions. The PRESIDING OFFICER. Without my good-friend Senator DANIEL INOUYE, The Act will strengthen interagency objection, it is so ordered. has unanimously passed out of com- coordination on ocean exploration for f mittee, four bills to protect our oceans the purposes of developing and facili- TRAINING FOR REALTIME and enhance the collective knowledge tating the transfer of new exploration WRITERS ACT OF 2005 of the marine environment. The Senate technologies, communication infra- Mr. MCCONNELL. Mr. President, I just passed these four bills by unani- structure, and data management sys- ask unanimous consent the Senate pro- mous consent, and I look forward to tems to the Program. The bill gives ceed to the immediate consideration of working with the House to get this im- priority attention to the exploration of deep ocean regions to make exciting Calendar No. 142, S. 268. portant legislation enacted into law. The PRESIDING OFFICER. The Water covers over 70 percent of the new discoveries. In addition, it will clerk will report the bill by title. Earth’s surface. It is estimated that 80 promote the development of improved The legislative clerk read as follows: percent of life on Earth is in the oceanographic research, communica- A bill (S. 268) to provide competitive oceans. The Atlantic, Pacific, and Arc- tion, navigation, and data collection grants for training court reporters and tic Oceans, and the Gulf of Mexico, systems, in an effort to increase under- closed captioners to meet requirements for make up the waters of the United standing of the ocean environment. realtime writers under the Telecommuni- States Exclusive Economic Zone. In The Ocean and Coastal Observation cations Act of 1996, and for other purposes. fact, the Pacific Ocean alone covers System Act of 2005, developed by Sen- There being no objection, the Senate nearly an entire hemisphere of the ator SNOWE, will also contribute to our proceeded to consider the bill, which globe. But little is known about these knowledge of the oceans with greater had been reported from the Committee waters. monitoring and observation of this dy- on Commerce, Science, and Transpor- The four bills the Senate passed namic environment. The bill will es- tation, with amendments, as follows: today will provide greater under- tablish a national, integrated ocean [Strike the parts shown in black standing of the complex ocean environ- and coastal observing system that will brackets and insert the parts shown in ment. Together, they will increase the collect, compile, and make available italic.] coordination and effectiveness of the data on ocean conditions in the U.S. S. 268 Federal agencies that contribute to the Exclusive Economic Zone, including Be it enacted by the Senate and House of Rep- research and management of these crit- the Great Lakes. The ocean and coastal resentatives of the United States of America in ical marine ecosystems. observation system will help improve Congress assembled,

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7940 CONGRESSIONAL RECORD — SENATE July 1, 2005 SECTION 1. SHORT TITLE. (1) possess the most substantial capability (5) mentor students to ensure successful This Act may be cited as the ‘‘Training for to increase their capacity to train realtime completion of the realtime training and pro- Realtime Writers Act of 2005’’. writers; vide assistance in job placement; SEC. 2. FINDINGS. (2) demonstrate the most promising col- (6) encourage individuals with disabilities Congress makes the following findings: laboration with local educational institu- to pursue a career in realtime writing; and (1) As directed by Congress in section ø723¿ tions, businesses, labor organizations, or (7) the employment and payment of per- 713 of the Communications Act of 1934 (47 other community groups having the poten- sonnel for such purposes. U.S.C. 613), as added by section 305 of the tial to train or provide job placement assist- (b) SCHOLARSHIPS.— Telecommunications Act of 1996 (Public Law ance to realtime writers; or (1) AMOUNT.—The amount of a scholarship 104–104; 110 Stat. 126), the Federal Commu- (3) propose the most promising and innova- under subsection (a)(2) shall be based on the nications Commission adopted rules requir- tive approaches for initiating or expanding amount of need of the recipient of the schol- ing closed captioning of most television pro- training and job placement assistance efforts arship for financial assistance, as detemined gramming, which gradually require new with respect to realtime writers. in accordance with part F of title IV of the video programming to be fully captioned in (d) DURATION OF GRANT.—A grant under Higher Education Act of 1965 (20 U.S.C. English by 2006 and Spanish by 2010. this section shall be for a period of two 1087kk). (2) More than 28,000,000 Americans, or 8 years. (2) AGREEMENT.—Each recipient of a schol- percent of the population, are considered (e) MAXIMUM AMOUNT OF GRANT.—The arship under subsection (a)(2) shall enter deaf or hard of hearing, and many require amount of a grant provided under subsection into an agreement with the øNational Tele- captioning services to participate in main- (a) to an entity eligible may not exceed communications and Information Adminis- stream activities. $1,500,000 for the two-year period of the grant tration¿ Secretary of Commerce to provide (3) More than 24,000 children are born in under subsection (d). realtime writing services for a period of time the United States each year with some form SEC. 4. APPLICATION. (as determined by the øAdministration)¿ Sec- of hearing loss. (a) IN GENERAL.—To receive a grant under retary) that is appropriate (as so determined) (4) According to the Department of Health section 3, an eligible entity shall submit an for the amount of the scholarship received. ø and Human Services and a study done by the application to the National Telecommuni- (3) COURSEWORK AND EMPLOYMENT.—The ¿ National Council on Aging— cations and Information Administration øAdministration Secretary shall establish re- (A) 25 percent of Americans over 65 years Secretary of Commerce at such time and in quirements for coursework and employment ø ¿ old are hearing impaired; such manner as the Administration Sec- for recipients of scholarships under sub- (B) 33 percent of Americans over 70 years retary may require. The application shall section (a)(2), including requirements for re- contain the information set forth under sub- old are hearing impaired; and payment of scholarship amounts in the event section (b). (C) 41 percent of Americans over 75 years of failure to meet such requirements for old are hearing impaired. (b) INFORMATION.—Information in the ap- ø ¿ plication of an eligible entity under sub- coursework and employment. employment (5) The National Council on Aging study or other material terms under subsection (b)(2). also found that depression in older adults section (a) for a grant under section 3 shall include the following: Requirements for repayment of scholarship may be directly related to hearing loss and amounts shall take into account the effect of disconnection with the spoken word. (1) A description of the training and assistance to be funded using the grant amount, economic conditions on the capacity of (6) Empirical research demonstrates that scholarship recipients to find work as captions improve the performance of individ- including how such training and assistance realtime writers. uals learning to read English and, according will increase the number of realtime writers. (2) A description of performance measures (c) ADMINISTRATIVE COSTS.—The recipient to numerous Federal agency statistics, could of a grant under section 3 may not use more benefit— to be utilized to evaluate the progress of in- than 5 percent of the grant amount to pay (A) 3,700,000 remedial readers; dividuals receiving such training and assist- administrative costs associated with activi- (B) 12,000,000 young children learning to ance in matters relating to enrollment, com- ties funded by the grant. The Secretary shall read; pletion of training, and job placement and use no more than 5 percent of the amount avail- (C) 27,000,000 illiterate adults; and retention. able for grants under this Act in any fiscal year (D) 30,000,000 people for whom English is a (3) A description of the manner in which for administrative costs of the program. second language. the eligible entity will ensure that recipients (d) SUPPLEMENT NOT SUPPLANT.—Grant (7) Over the past decade, student enroll- of scholarships, if any, funded by the grant amounts under this Act shall supplement ment in programs that train realtime writ- will be employed and retained as realtime and not supplant other Federal or non-Fed- ers and closed captioners has decreased by 50 writers. eral funds of the grant recipient for purposes percent, even though job placement upon (4) A description of the manner in which of promoting the training and placement of graduation is 100 percent. the eligible entity intends to continue pro- individuals as realtime writers. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO viding the training and assistance to be PROMOTE TRAINING AND JOB funded by the grant after the end of the SEC. 6. REPORTS. PLACEMENT OF REALTIME WRIT- grant period, including any partnerships or (a) ANNUAL REPORTS.—Each eligible entity ERS. arrangements established for that purpose. receiving a grant under section 3 shall sub- ø (a) IN GENERAL.—The National Tele- (5) A description of how the eligible entity mit to the øNational Telecommunications communications and Information Adminis- will work with local workforce investment and Information Administration,¿ Secretary ¿ tration Secretary of Commerce shall make boards to ensure that training and assistance of Commerce, at the end of each year of the competitive grants to eligible entities under to be funded with the grant will further local grant period, a report on the activities of subsection (b) to promote training and place- workforce goals, including the creation of such entity with respect to the use of grant ment of individuals, including individuals educational opportunities for individuals amounts during such year. who have completed a court reporting train- who are from economically disadvantaged (b) REPORT INFORMATION.— ing program, as realtime writers in order to backgrounds or are displaced workers. (1) IN GENERAL.—Each report of an entity meet the requirements for closed captioning (6) Additional information, if any, of the for a year under subsection (a) shall include of video programming set forth in section a description of the use of grant amounts by ø ¿ eligibility of the eligible entity for priority 723 713 of the Communications Act of 1934 the entity during such year, including an as- (47 U.S.C. 613) and the rules prescribed therein the making of grants under section 3(c). (7) Such other information as the Adminis- sessment by the entity of the effectiveness of under. activities carried out using such funds in in- (b) ELIGIBLE ENTITIES.—For purposes of tration may require. creasing the number of realtime writers. The this Act, an eligible entity is a court report- SEC. 5. USE OF FUNDS. assessment shall utilize the performance ing program that— (a) IN GENERAL.—An eligible entity receiv- (1) can document and demonstrate to the ing a grant under section 3 shall use the measures submitted by the entity in the ap- Secretary of Commerce that it meets min- grant amount for purposes relating to the re- plication for the grant under section 4(b). imum standards of educational and financial cruitment, training and assistance, and job (2) FINAL REPORT.—The final report of an accountability, with a curriculum capable of placement of individuals, including individ- entity on a grant under subsection (a) shall training realtime writers qualified to pro- uals who have completed a court reporting include a description of the best practices vide captioning services; training program, as realtime writers, in- identified by the entity as a result of the (2) is accredited by an accrediting agency cluding— grant for increasing the number of individ- recognized by the Department of Education; (1) recruitment; uals who are trained, employed, and retained and (2) subject to subsection (b), the provision in employment as realtime writers. (3) is participating in student aid programs of scholarships; (c) ANNUAL REVIEW.—The Inspector General under title IV of the Higher Education Act of (3) distance learning; of the Department of Commerce shall conduct 1965. (4) further develop and implement both an annual review of the management, effi- (c) PRIORITY IN GRANTS.—In determining English and Spanish curriculum to more ef- ciency, and effectiveness of the grants made whether to make grants under this section, fectively train realtime writing skills, and under this Act. the Secretary of Commerce shall give a pri- education in the knowledge necessary for the SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ority to eligible entities that, as determined delivery of high-quality closed captioning øThere is authorized to be appropriated to by the Secretary of Commerce— services; carry out this Act, amounts as follows:

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7941 ø(1) $20,000,000 for each of fiscal years 2006, wages—this country runs the risk of jobs in non-information technology 2007, and 2008. economically limiting many college fields. Thus, students who lack access ø(2) Such sums as may be necessary for fis- students in our society. It is important to these information technology tools ¿ cal year 2009. for all Americans that we close this are at an increasing disadvantage. Con- There are authorized to be appropriated to the Secretary of Commerce to carry out this Act economic opportunity gap. sequently, it is vitally important that $20,000,000 for each of fiscal years 2006, 2007, This Nation’s economic stability and all institutions of higher education 2008, and 2009. growth are increasingly dependent on a provide their students with access to SEC. 8. SUNSET. growing portion of the workforce pos- the most current IT and digital equip- This Act is repealed effective October 1, 2009. sessing technological skills. ment. Mr. MCCONNELL. I ask unanimous African Americans, Hispanics and This technology program will allow consent the committee amendments be Native Americans constitute one-quar- eligible HBCUs, HSIs and tribal insti- agreed to, the bill, as amended, be read ter of the total U.S. workforce. Ap- tutions the opportunity to acquire a third time and passed, the motion to proximately one-third of all students of equipment, networking capability, reconsider be laid on the table, and any color in this Nation are educated at hardware and software, digital network statements be printed in the RECORD. minority serving institutions. It is es- technology and wireless technology The PRESIDING OFFICER. Without timated that in 10 years minorities will and infrastructure—such as wireless fi- objection, it is so ordered. comprise nearly 40 percent of all col- delity or Wi-Fi—to develop and provide The committee amendments were lege-age Americans. educational services. Additionally, the agreed to. Yet, members of these minorities funds in this bill could be used to offer The bill (S. 268) was read the third represent only 7 percent of the U.S. students much needed universal access time and passed. computer and information science to campus networks, dramatically in- f workforce; 6 percent of the engineering creasing their connectivity rates or workforce; and less than 2 percent of make necessary infrastructure im- MINORITY SERVING INSTITUTION the computer science faculty. provements. DIGITAL AND WIRELESS TECH- U.S. information technology compa- There are over 200 Hispanic serving NOLOGY OPPORTUNITY ACT OF nies are increasingly relying on foreign institutions; over 100 historically black 2005 workers to fill important IT positions. colleges and universities and 34 tribal Mr. MCCONNELL. Mr. President, I I am not against legal immigration, colleges throughout our country. ask unanimous consent that the Sen- but I say let’s properly educate and It is clear that minority serving in- ate proceed to the immediate consider- train Americans to get and fill those stitutions in the U.S. are providing a ation of Calendar No. 143, S. 432. good-paying technology jobs. Let’s valuable service to the educational The PRESIDING OFFICER. The make sure all American students are strength and future growth of our Na- clerk will report the bill by title. prepared to meet the requirements on tion. These institutions must upgrade The legislative clerk read as follows: the 21st century workforce. their technology capabilities for their A bill (S. 432) to establish a digital and However, minority serving institu- students. We cannot leave any college wireless network technology program, and tions still lack desired information and student behind! I am proud to say Virginia is home to for other purposes. digital technology infrastructure. A five HBCUs—Norfolk State University, There being no objection, the Senate study completed by the Department of St. Paul’s College, Virginia Union Uni- proceeded to consider the bill. Commerce and the National Associa- versity, Hampton University and Vir- Mr. ALLEN. Mr. President, today I tion for Equal Opportunity in Higher rise to respectfully urge my colleagues ginia State University. Education indicated that: I will continue to look for ways to: to support S. 432, the Minority Serving No historically black college or uni- (1) improve education; (2) create new Institution Digital & Wireless Tech- versity, HBCUs, requires computer jobs; and (3) seek out new opportunities nology Opportunity Act of 2003. This ownership for their undergraduate stu- to benefit the people of Virginia and legislation will provide vital resources dents; America. By improving technology- to address the technology gap that ex- Thirteen HBCUs reported to have no education programs in minority serv- ists at many minority serving institu- students—not one—owning their own ing institutions, we can accomplish all tions, MSIs. It establishes a new grant personal computer; three of these goals for students program within the National Science Over 70 percent of the students at throughout our Nation. Foundation, NSF, that provides annu- HBCUs rely on the universities to pro- We all recognize the technology really for 5 years up to $250 million to vide computers, however only 50 per- quirements on the 21st century work- help historically black colleges and cent of those universities can provide force call for tangible action, not rhet- universities, Hispanic serving institu- their students access to computers in oric. Our future economic and national tions, and tribal colleges to close what computer laboratories, libraries, class- security needs depend on and demand I often referred to as the ‘‘digital di- rooms or other locations; and all of our young students have the vide’’, but is more like an ‘‘economic Most of these minority serving col- highly technical skills needed to com- opportunity divide.’’ leges do not have the private founda- pete and succeed in the workforce. Since before I was elected to the Sen- tion resources to provide financial sup- We must tap the underutilized talent ate, my goal has always been to look port to upgrade their network infra- of our minority serving institutions to for ways to improve education and em- structure. ensure that America’s workforce is pre- power all of our young people—regard- So it is not surprising that most pared to lead the world. less of their race, ethnicity, religion or HBCUs do not have high-speed Internet I thank my colleagues for joining me economic background—to compete and access especially the desired ATM or today: Senators MCCAIN, WARNER, succeed in life. asynchronous transfer mode tech- BURNS, GRAHAM, HUTCHISON, LINCOLN, Additionally, I have always been one nology and that only 3 percent of PRYOR, TALENT, CORNYN, GRASSLEY, who embraces innovations and ad- HBCUs have financial aid available to LAUTENBERG, LOTT, MURKOWSKI, vances in technology—especially as a help students close the computer own- SANTORUM, and THUNE. means to provide greater opportunities ership gap. This legislation is a significant, con- or security for Americans. Access to the Internet is no longer a structive, and positive action to ensure In my view, increasing access to luxury, it is a necessity. Because of the that many more of our college students technology provides our young people rapid advancement and growing de- are provided access to better tech- with an important tool for success both pendence on technology, being techno- nology and education, and most impor- in the classroom and in the workforce. logically proficient has become more tantly, even greater opportunities in We all know, the best jobs in the fu- essential to educational advancement. life. ture will go to those who are the best The fact is 60 percent of all jobs re- Mr. MCCONNELL. Mr. President, I prepared. However, I am increasingly quire information technology skills. ask unanimous consent that the bill be concerned that when it comes to high And jobs in information technology read the third time and passed, the mo- technology jobs—which pay higher pay significantly higher salaries than tion to reconsider be laid upon the

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7942 CONGRESSIONAL RECORD — SENATE July 1, 2005 table, and any statements related to procedure by which to accept and review grant, contract, or cooperative agreement the bill be printed in the RECORD. such applications and publish an announce- under this Act shall provide an annual report The PRESIDING OFFICER. Without ment of such procedure, including a state- to the Director on its use of the grant, con- objection, it is so ordered. ment regarding the availability of funds, in tract, or cooperative agreement. the Federal Register. (b) EVALUATION BY DIRECTOR.—The Direc- The bill (S. 432) was read the third (b) ADVISORY COUNCIL.—The Director shall tor, in consultation with the Secretary of time and passed, as follows: establish an advisory council to advise the Education, shall— S. 432 Director on the best approaches for involving (1) review the reports provided under sub- eligible institutions in the activities de- Be it enacted by the Senate and House of Rep- section (a) each year; and scribed in section 3, and for reviewing and resentatives of the United States of America in (2) evaluate the program authorized by sec- evaluating proposals submitted to the pro- Congress assembled, tion 3 on the basis of those reports every 2 gram. In selecting the members of the advi- years. SECTION 1. SHORT TITLE. sory council, the Director may consult with (c) CONTENTS OF EVALUATION.—The Direc- This Act may be cited as the ‘‘Minority representatives of appropriate organizations, tor, in the evaluation, shall describe the ac- Serving Institution Digital and Wireless including representatives of eligible institu- tivities undertaken by those institutions and Technology Opportunity Act of 2005’’. tions, to ensure that the membership of the shall assess the short-range and long-range SEC. 2. ESTABLISHMENT OF OFFICE. advisory council reflects participation by impact of activities carried out under the (a) IN GENERAL.—There is established with- technology and telecommunications institu- grant, contract, or cooperative agreement on in the National Science Foundation an Office tions, minority businesses, eligible institu- the students, faculty, and staff of the insti- of Minority Serving Institution Digital and tion communities, Federal agency personnel, tutions. Wireless Technology to carry out the provi- and other individuals who are knowledgeable (d) REPORT TO CONGRESS.—The Director sions of this Act. about eligible institutions and technology shall submit a report to the Congress based (b) PURPOSE.—The Office shall— issues. Any panel assembled to review a pro- on the evaluation. In the report, the Director (1) strengthen the ability of eligible insti- posal submitted to the program shall include shall include such recommendations, includ- tutions to provide capacity for instruction in members from minority serving institutions. ing recommendations concerning the con- digital and wireless network technologies by Program review criteria shall include consid- tinuing need for Federal support of the pro- providing grants to, or executing contracts eration of— gram, as may be appropriate. (1) demonstrated need for assistance under or cooperative agreements with, those insti- SEC. 8. DEFINITIONS. tutions to provide such instruction; and this Act; and In this Act: (2) strengthen the national digital and (2) diversity among the types of institu- (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- wireless infrastructure by increasing nations receiving assistance under this Act. ble institution’’ means an institution that tional investment in telecommunications (c) DATA COLLECTION.—An eligible institu- is— and technology infrastructure at eligible in- tion that receives a grant, contract, or coop- (A) a historically Black college or univer- stitutions. erative agreement under section 2 shall provide the Office with any relevant institu- sity that is a part B institution, as defined in SEC. 3. ACTIVITIES SUPPORTED. tional statistical or demographic data re- section 322(2) of the Higher Education Act of An eligible institution shall use a grant, quested by the Office. 1965 (20 U.S.C. 1061(2)); contract, or cooperative agreement awarded (d) INFORMATION DISSEMINATION.—The Di- (B) a Hispanic-serving institution, as de- under this Act— rector shall convene an annual meeting of el- fined in section 502(a)(5) of the Higher Edu- (1) to acquire equipment, instrumentation, igible institutions receiving grants, con- cation Act of 1965 (20 U.S.C. 1101a(a)(5)); networking capability, hardware and soft- tracts, or cooperative agreements under sec- (C) a tribally controlled college or univer- ware, digital network technology, wireless tion 2 for the purposes of— sity, as defined in section 316(b)(3) of the technology, and infrastructure; (1) fostering collaboration and capacity- Higher Education Act of 1965 (20 U.S.C. (2) to develop and provide educational serv- building activities among eligible institu- 1059c(b)(3)); ices, including faculty development, related tions; and (D) an Alaska Native-serving institution to science, mathematics, engineering, or (2) disseminating information and ideas under section 317(b) of the Higher Education technology; generated by such meetings. Act of 1965 (20 U.S.C. 1059d(b)); (3) to provide teacher education, library SEC. 5. MATCHING REQUIREMENT. (E) a Native Hawaiian-serving institution and media specialist training, and preschool The Director may not award a grant, con- under section 317(b) of the Higher Education and teacher aid certification to individuals tract, or cooperative agreement to an eligi- Act of 1965 (20 U.S.C. 1059d(b)); or who seek to acquire or enhance technology ble institution under this Act unless such in- (F) an institution determined by the Direc- skills in order to use technology in the class- stitution agrees that, with respect to the tor, in consultation with the Secretary of room or instructional process; costs to be incurred by the institution in Education, to have enrolled a substantial (4) to implement joint projects and con- carrying out the program for which the number of minority, low-income students sortia to provide education regarding tech- grant, contract, or cooperative agreement during the previous academic year who re- nology in the classroom with a State or was awarded, such institution will make ceived assistance under subpart I of part A of State education agency, local education available (directly or through donations title IV of the Higher Education Act of 1965 agency, community-based organization, na- from public or private entities) non-Federal (20 U.S.C. 1070a et seq.) for that year. tional non-profit organization, or business, contributions in an amount equal to 25 per- (2) DIRECTOR.—The term ‘‘Director’’ means including minority businesses; cent of the amount of the grant, contract, or the Director of the National Science Founda- (5) to provide professional development in cooperative agreement awarded by the Di- tion. science, mathematics, engineering, or tech- rector, or $500,000, whichever is the lesser (3) MINORITY BUSINESS.—The term ‘‘minor- nology to administrators and faculty of eli- amount. The Director shall waive the match- ity business’’ includes HUBZone small busi- gible institutions with institutional respon- ing requirement for any institution or con- ness concerns (as defined in section 3(p) of sibility for technology education; sortium with no endowment, or an endow- the Small Business Act (15 U.S.C. 632(p)). (6) to provide capacity-building technical ment that has a current dollar value lower SEC. 9. AUTHORIZATION OF APPROPRIATIONS. assistance to eligible institutions through than $50,000,000. There are authorized to be appropriated to remote technical support, technical assist- SEC. 6. LIMITATIONS. the Director of the National Science Founda- ance workshops, distance learning, new tech- (a) IN GENERAL.—An eligible institution tion $250,000,000 for each of the fiscal years nologies, and other technological applica- that receives a grant, contract, or coopera- 2006 through 2010 to carry out this Act. tions; tive agreement under this Act that exceeds f (7) to foster the use of information commu- $2,500,000, shall not be eligible to receive an- nications technology to increase scientific, other grant, contract, or cooperative agree- ORDER OF PROCEDURE mathematical, engineering, and technology ment under this Act until every other eligi- Mr. MCCONNELL. Mr. President, I instruction and research; and ble institution that has applied for a grant, (8) to develop proposals to be submitted contract, or cooperative agreement under ask unanimous consent that the order under this Act and to develop strategic plans this Act has received such a grant, contract, of April 7, 2005, with respect to S. 295 be for information technology investments. or cooperative. amended so that the Senate proceed to SEC. 4. APPLICATION AND REVIEW PROCEDURE. (b) AWARDS ADMINISTERED BY ELIGIBLE IN- S. 295 no later than the end of the first (a) IN GENERAL.—To be eligible to receive a STITUTION.—Each grant, contract, or cooper- session of the 109th Congress, with all grant, contract, or cooperative agreement ative agreement awarded under this Act other provisions of the agreement re- under this Act, an eligible institution shall shall be made to, and administered by, an el- maining constant. igible institution, even when it is awarded submit an application to the Director at The PRESIDING OFFICER. Without such time, in such manner, and accompanied for the implementation of a consortium or by such information as the Director may joint project. objection, it is so ordered. reasonably require. The Director, in con- SEC. 7. ANNUAL REPORT AND EVALUATION. Mr. MCCONNELL. To reiterate the sultation with the advisory council estab- (a) ANNUAL REPORT REQUIRED FROM RECIPI- comments of April 7, the proponents of lished under subsection (b), shall establish a ENTS.—Each institution that receives a this legislation have agreed they will

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE July 1, 2005 CONGRESSIONAL RECORD — SENATE S7943 withhold offering amendments in com- The preamble was agreed to. Whereas now, more than 23 years later, the mittee or on the Senate floor on the The resolution, with its preamble, comments President Reagan made about Sandra Day O’Connor still ring true; subject matter for the duration of this reads as follows: session of Congress as part of the un- Whereas when Sandra Day O’Connor took S. RES. 191 the oath of office as Associate Justice, she derstanding. That, of course, is related pledged to uphold the Constitution, and has to the Chinese currency issue. Whereas, for nearly a quarter century, Jus- tice Sandra Day O’Connor honorably served since then proven a steadfast commitment to f as a fair and impartial Justice on the Su- the rule of law; Whereas the wisdom, intellect, respect for APPOINTMENT CORRECTION preme Court of the United States; Whereas Sandra Day O’Connor, the daugh- others, and humility of Sandra Day O’Con- Mr. MCCONNELL. Mr. President, I ter of Harry and Ada Mae, was born in El nor have allowed her to become well-re- ask unanimous consent that the Feb- Paso, Texas, and was raised by her family on spected among her colleagues, including ruary 17, 2005, appointment of Senator a cattle ranch in southeastern Arizona; those with opposing judicial philosophies; Whereas Sandra Day O’Connor is an inde- KYL as majority cochair of the Senate Whereas Sandra Day O’Connor began an academic journey at Stanford University, pendent thinker and has made great con- National Security Working Group for tributions in many substantive areas of the the 109th Congress be vitiated with re- earning a bachelor’s degree in economics and graduating magna cum laude; law; spect to his being cochair but that he Whereas Sandra Day O’Connor continued Whereas Sandra Day O’Connor embodies remain on the commission as a mem- her education at Stanford University, by en- the ideal qualities of a judge, including fair- ber. rolling in the Stanford Law School, where ness, impartiality, and open-mindedness; The PRESIDING OFFICER. Without she served on the Board of Editors of the law Whereas, a true public servant, Sandra Day objection, it is so ordered. review; O’Connor has proudly served the United States for 4 decades as an Arizona State Sen- f Whereas, graduating in just 2 years from Stanford Law School, Sandra Day O’Connor ator and majority leader, State court judge, SIGNING AUTHORIZATION managed to finish third in an impressive an Assistant Attorney General for Arizona, class, which included her future Supreme and for more than 23 years as an Associate Mr. MCCONNELL. Mr. President, I Court of the United States colleague Chief Justice on the Supreme Court of the United ask unanimous consent that during the Justice William H. Rehnquist; States; adjournment of the Senate, the major- Whereas Sandra Day O’Connor married her Whereas through her experiences, Justice ity leader, majority whip, and senior great love, John Jay O’Connor III, in 1952; Sandra Day O’Connor has brought a unique Senator from Virginia be authorized to Whereas Sandra Day O’Connor began a perspective and understanding of checks and sign duly enrolled bills or joint resolu- legal career as the Deputy County Attorney balances to the Supreme Court of the United tions. of San Mateo, California; States; and Whereas, when John Jay O’Connor III was Whereas, Sandra Day O’Connor, a brilliant The PRESIDING OFFICER. Without jurist and a compassionate woman, has objection, it is so ordered. drafted into the JAG Corps in 1953, the young couple moved to Frankfurt, Germany, where earned a place in history as the first woman f Sandra Day O’Connor worked as a civilian to serve on the Supreme Court of the United APPOINTMENTS AUTHORIZATION attorney for Quartermaster Market Center; States: Now, therefore, be it Whereas, after 4 years in Europe, Sandra Resolved, That the Senate— Mr. MCCONNELL. Mr. President, I Day O’Connor returned to Maryvale, Ari- (1) recognizes Associate Justice of the Su- ask unanimous consent that notwith- zona, where she began a legal practice and preme Court of the United States Sandra standing the upcoming recess or ad- raised 3 sons, Scott, Brian, and Jay; Day O’Connor as a great American, a life- journment of the Senate, the President Whereas in 1965, Sandra Day O’Connor long public servant, a brilliant legal scholar, of the Senate, the President pro tem- began service in State government as the As- a superb jurist, and the first woman ever to sistant Attorney General for Arizona; serve as an Associate Justice on the Su- pore, and the majority and minority preme Court of the United States; and leaders be authorized to make appoint- Whereas Sandra Day O’Connor was later appointed to the Arizona State Senate and (2) pays tribute to Sandra Day O’Connor, ments to commissions, committees, then re-elected twice more by the people of Associate Justice of the Supreme Court of boards, conferences, or interparliamen- Arizona; the United States, for 4 decades of distin- tary conferences authorized by law, by Whereas Sandra Day O’Connor served as guished service to the nation. majority leader of the Arizona State Senate, concurrent action of the two Houses, or f by order of the Senate. and was the first woman to hold such an of- The PRESIDING OFFICER. Without fice in any State; ORDERS FOR MONDAY, JULY 11, objection, it is so ordered. Whereas in 1975, Sandra Day O’Connor was 2005 elected Judge of Maricopa County Superior f Court and served in such capacity until 1979; Mr. MCCONNELL. Now, in closing, HONORING ASSOCIATE JUSTICE OF Whereas President Ronald Reagan ap- Mr. President, I ask unanimous con- THE SUPREME COURT OF THE pointed Sandra Day O’Connor to serve as As- sent that when the Senate completes UNITED STATES SANDRA DAY sociate Justice of the Supreme Court of the its business today, the Senate stand in United States; adjournment until 1 p.m. on Monday, O’CONNOR Whereas, on September 21, 1981, the Senate July 11. I further ask consent that fol- Mr. MCCONNELL. Mr. President, I unanimously confirmed the nomination of lowing the prayer and pledge, the ask unanimous consent that the Sen- Sandra Day O’Connor to the Supreme Court morning hour be deemed expired, the ate now proceed to the consideration of of the United States, and she became the first female Justice in the Court’s history; Journal of proceedings be approved to S. Res. 191, which was submitted ear- Whereas, since September 25th, 1981, Jus- date, the time for the two leaders be lier today. tice Sandra Day O’Connor has served with reserved, and the Senate then begin a The PRESIDING OFFICER. The distinction on the Supreme Court of the period of morning business until 2 p.m., clerk will please report the resolution United States; with Senators permitted to speak for by title. Whereas Sandra Day O’Connor has served up to 10 minutes each; provided further The legislative clerk read as follows: as an example to all the people of the United States, demonstrating that through persist- that at 2 p.m. the Senate begin consid- A resolution (S. Res. 191) honoring Asso- eration of the Homeland Security ap- ciate Justice of the Supreme Court of the ence and hard work anything is possible; United States Sandra Day O’Connor. Whereas, throughout her tenure on the Su- propriations bill as under the previous preme Court of the United States, Sandra order. There being no objection, the Senate Day O’Connor has not lost sight of her values The PRESIDING OFFICER. Without proceeded to consider the resolution. and has not wavered from her well-grounded objection, it is so ordered. Mr. MCCONNELL. Mr. President, I views; ask unanimous consent that the reso- Whereas President Ronald Reagan, on the f lution be agreed to, the preamble be date he appointed Sandra Day O’Connor to agreed to, and the motion to reconsider the Supreme Court of the United States, PROGRAM said, ‘‘[s]he is truly a ‘person for all seasons’, be laid upon the table. Mr. MCCONNELL. So, Mr. President, possessing those unique qualities of tempera- The PRESIDING OFFICER. Without ment, fairness, intellectual capacity and de- for the information of all our col- objection, it is so ordered. votion to the public good which have charac- leagues, we will return for business on The resolution (S. Res. 191) was terized the 101 ‘brethren’ who have preceded Monday, July 11, following the Fourth agreed to. her’’; of July recess. Upon our return, we will

VerDate Aug 31 2005 05:38 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S01JY5.REC S01JY5 hmoore on PROD1PC68 with CONG-REC-ONLINE S7944 CONGRESSIONAL RECORD — SENATE July 1, 2005 begin to work on the Homeland Secu- ADJOURNMENT UNTIL MONDAY, of the following nomination and the rity appropriations measure. The ma- JULY 11, 2005, AT 1 P.M. nomination was confirmed: jority leader has announced that we Mr. MCCONNELL. Mr. President, if RICHARD A. RAYMOND, OF NEBRASKA, TO BE UNDER will be voting that day and, therefore, there is no further business to come be- SECRETARY OF AGRICULTURE FOR FOOD SAFETY. Senators can expect the next rollcall fore the Senate, I ask unanimous con- f vote at approximately 5:30 on Monday, sent that the Senate stand in adjourn- CONFIRMATIONS July 11. We expect Senators to be ment under the previous order, pursuant to the provisions of H. Con. Res. available on that day to call up their Executive nominations confirmed by 198. the Senate, Friday, July 1, 2005: amendments to the Homeland Security There being no objection, the Senate, DEPARTMENT OF AGRICULTURE bill, and the 5:30 vote will likely be in at 2:39 p.m., adjourned until Monday, RICHARD A. RAYMOND, OF NEBRASKA, TO BE UNDER relation to one of those amendments. July 11, 2005, at 1 p.m. SECRETARY OF AGRICULTURE FOR FOOD SAFETY. I wish everyone a safe Fourth of July f DEPARTMENT OF JUSTICE recess. And we look forward to seeing DISCHARGED NOMINATION JAMES B. LETTEN, OF LOUISIANA, TO BE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF everyone back here on July 11. The Senate Committee on Agri- LOUISIANA FOR THE TERM OF FOUR YEARS. ROD J. ROSENSTEIN, OF MARYLAND, TO BE UNITED culture, Nutrition, and Forestry was STATES ATTORNEY FOR THE DISTRICT OF MARYLAND discharged from further consideration FOR THE TERM OF FOUR YEARS.

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