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

Vol. 152 WASHINGTON, THURSDAY, MAY 4, 2006 No. 52 Senate The Senate met at 9:30 a.m. and was SCHEDULE ways been at the heart of the American called to order by the President pro Mr. FRIST. Mr. President, we have project. That is because at the heart of tempore (Mr. STEVENS). set aside the first hour for a period of the American idea of liberty is belief— belief that our freedom springs not PRAYER morning business. After that time, there will be 20 minutes allocated to from the state or the benevolence of The Chaplain, Dr. Barry C. Black, of- the chairman and the ranking member men but from the one true Creator fered the following prayer: of the Appropriations Committee for whose love is boundless. Let us pray. Almighty God, fill us with Your their closing remarks on the emer- It is so fundamental, so essential to power and might. Give us pure hearts gency supplemental. We will then vote our founding principles that, in the that will drive out evil thoughts. Give on the Thune amendment on VA med- words of the Founding Fathers, it is ical facilities, to be followed by a vote us power to overcome sin and to con- ‘‘self-evident.’’ quer temptations. Empower the Mem- on passage of the bill. Senators can ex- Our first President, George Wash- bers of this body with strength for the pect those votes to begin sometime complex challenges they face. Infuse around 11 o’clock this morning. ington, was a profoundly religious them with a love that banishes bitter- We are also working to clear some man. He began and ended each day ness and creates a servant’s heart. Re- nominations that are on the Executive with a prayer. As President, he would mind them to forgive others as You Calendar, including two district judges go to his library and humbly kneel be- have forgiven them. Guard their hearts that will require rollcall votes this fore an open Bible to ask for guidance and purify their speech. afternoon. I will have more to say on and grace. In his Thanksgiving procla- We pray in Your loving Name. Amen. the schedule for this afternoon and to- mation, President George Washington f morrow after discussions with the told his fellow citizens with words that Democratic leader over the course of ring out to us today: PLEDGE OF ALLEGIANCE the morning. It is the duty of all nations to acknowledge The PRESIDENT pro tempore led the f Pledge of Allegiance, as follows: the Providence of Almighty God, to obey His will, to be grateful for His benefits, and to I pledge allegiance to the Flag of the NATIONAL DAY OF PRAYER United States of America, and to the Repub- Mr. FRIST. Mr. President, today humbly implore His protection and favor. lic for which it stands, one nation under God, marks the 55th National Day of Prayer, America has faced dark and grave indivisible, with liberty and justice for all. as established in 1952 by President Tru- moments, but in these moments, pray- f man. All across America, in homes and er has united us and given us strength. RESERVATION OF LEADER TIME churches and small towns and crowded cities, millions of people of many I recall the startling image of 9/11, The PRESIDENT pro tempore. Under faiths will gather together to pray for those crossbeams being lifted up by the the previous order, the leadership time New York City firemen amidst the rub- is reserved. the peace, prosperity, and protection of our Nation. They will pray for their ble and ruin of the Twin Towers. All f leaders—and goodness knows we need around was destruction. But in that MORNING BUSINESS those prayers—and they will thank the one iconic symbol of hope—hope and a The PRESIDENT pro tempore. Under Creator for blessing us with a nation prayer that though the wounds of 9/11 the previous order, there will now be a that recognizes the God-given dignity may never heal and though we will al- period for the transaction of morning and worth of each and every person and ways carry with us the grief of that business for up to 60 minutes, with the our basic fundamental right to be free. terrible day, as people and as a nation first half of the time under the control America is a nation forged in prayer. we will endure. of the Democratic leader or his des- The very first official act of the Conti- So today, on our National Day of ignee and the second half of the time nental Congress was a call for prayer. Prayer, we thank our Creator for our under the control of the majority lead- Two years later, the fledgling body liberty. We ask Him for His grace and called for a national day of fasting and er or his designee. His guidance. f prayer. From the very first settlers who ar- And on behalf of my Senate col- RECOGNITION OF THE MAJORITY rived at Jamestown to each morning leagues, I thank my fellow Americans LEADER here—as we just did—in the Senate for the prayers they are sending out to The PRESIDENT pro tempore. The when the Chaplain opens each and us. God bless you and God bless Amer- majority leader is recognized. every day with a prayer, faith has al- ica.

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

S3997

.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3998 CONGRESSIONAL RECORD — SENATE May 4, 2006 RECOGNITION OF THE MINORITY course, my wife growing up worried First Lady Nancy Reagan said so clear- LEADER about that. But Gail was gone, and she ly, vividly, and who watched with great The PRESIDENT pro tempore. The didn’t really know how her life turned courage as her husband’s Alzheimer’s Democratic leader is recognized. out. overtook this good man, she said: Without belaboring the point, these I just don’t see how we can turn our backs f two women who had known each other on this . . . We have lost so much time THE CHAPLAIN 50 years ago were able to spend time on already. She gave this statement in the telephone. It was as if they had 2004: Mr. REID. Mr. President, I very never been separated. I just really can’t bear to lose any much appreciate the statement of the So Elwin Kent and Gail Randolph more time. distinguished majority leader. We are growing up contracted infantile paral- very fortunate in the Senate to have as Unfortunately, more than 2 years ysis. It was there. It was something we have passed since Nancy Reagan said our Chaplain a man who has certainly worried about, as did all people of our earned the right to pray for our coun- this, and this Republican-controlled vintage. Congress has been unable and unwilling try, an admiral in the Navy, head of Today is different. We have been the chaplain service in the United to reach agreement on how to expand able, through science, to eradicate the President’s restrictive stem cell States Navy, Dr. Barry Black. polio in most every place in the world, I try to be here every day, as the ma- policy that is hindering scientific but I still receive letters in my Senate progress toward possible cures and jority leader, to listen to the prayers offices from people who are concerned Dr. Black has prepared for the Senate treatments for a wide variety of dis- about other issues. I will read three of eases and conditions. and the country. They are always very these letters addressed to me: good. I am grateful to him for what he We are rapidly approaching the 1- . . . My son 22 years old was in a diving ac- year anniversary of the date of the pronounces through his prayers for us. cident just two weeks after graduating from Again I appreciate the statement of the high school and is now a quadriplegic. So in- House of Representatives passing H.R. majority leader today. stead of heading off to college on a soccer 810, the Stem Cell Research Enhance- scholarship that autumn, he found himself ment Act. This act would expand Presi- f being fitted for a wheelchair and a life of dent Bush’s 2001 policy for Federal STEM CELL RESEARCH total dependency on others. . . .while they funding for stem cell research and per- [stem cells] may not cure him to the point of mit Federal researchers at NIH, the Mr. REID. Mr. President, growing up walking again, they will certainly provide National Institutes of Health, which in the little town of Searchlight, there him with an opportunity to improve the has the capability of the strongest are a number of things that stand out quality of his life. He wants to be able to oversight in the world, to finally ex- in my mind. One is I remember so viv- feed himself, brush his own teeth, wash his plore the many possibilities stem cell idly a man by the name of Elwin Kent. hands and face when he wants to . . . I know research holds for America. Elwin was a friend of my father’s. They you support stem cell research, but I just wanted to give you my support and the sup- Over the past year, I have repeatedly grew up together. But Elwin as a little asked the majority leader to find time boy was stricken with polio. Elwin was port of our entire family as you fight the fight for those who can’t fight for them- to consider this bill which has a bipar- very deformed. He walked with a very selves. . . . tisan majority of the Senate sup- significant limp, and he had on his Mr. President, I want the record to porting it. My request for action has back a huge hump. I don’t know, but it reflect that I will use leader time so I been met by delay and inaction. One was at least a foot. It stuck out his don’t take time from Senators on this year may not seem like a lot to people, back about a foot. He was a very hand- side of the aisle. So I am using leader especially in the Senate—we seem to some man, but he was terribly handi- time. have our days, weeks, months, and capped. The PRESIDENT pro tempore. It is years run together—but 1 year is an I came as a boy to realize how he got so noted. eternity if someone you love is suf- sick because when I was growing up, Mr. REID. Mr. President, I have an- fering from a condition where stem cell the scourge was Elwin’s disease, polio. other letter from Yerington, NV. Here research, according to the experts, can Infantile paralysis we called it. I wor- is what it says: offer help. ried about that as most young people I am asking you again to do your best for There are a number of very impor- of my age did. In Searchlight, as I was my son and the millions of others who need tant issues this body ought to consider growing up we had no cases, but that a cure for diabetes. . . . My son was in the this session. I say, Mr. President, didn’t prevent my worrying about the hospital yesterday. . . .I can’t tell you how none—none—even though we have def- disease. hard and painful it is to see your son like icit problems, problems with our envi- My wife and I a short time ago—a that. . . .my wife and I would give our lives ronment, education, health care, the to ensure that our son can beat diabetes. matter of a month or so ago—were sur- war in Iraq—I say nothing is more im- prised when we got in the mail a letter . . .The Senate will soon vote on the stem cell bill that you still support. Please try to portant to the American people than sent to me in Searchlight, NV. I opened change the minds of those that are not for it. legislation that could provide medical the letter, and it was from a girl I had Then one final letter from a man in breakthroughs that would benefit mil- heard about from my wife, in our con- Las Vegas: lions—millions—of Americans. We can versations, with whom she had spent I have amyotrophic lateral sclerosis (ALS). certainly do better than what we have her early days. That was maybe in the . . . my family doesn’t want me to leave done. We can do better for the Nevad- second grade. Two little girls. My wife them. At the least, my family wants some ans whose letters I have read. used to tell me about her red-haired hope that science will be allowed to use all I can see in my mind a man who was friend Gail and how much she cared means available to them, to try to find some the chief executive officer of Nevada about her. treatment that will extend life until a cure Power, the largest power company in Gail found out where Landra, my is found. I would like to have those people Nevada, who contracted Lou Gehrig’s wife, had gone. She learned that I was who are opposed to federal assistance for em- disease. This young man lived 18 serving in the Senate, and she heard bryonic stem cell research for therapeutic purposes, explain to my family why they are months—very difficult months. People that I was from Searchlight and took a being denied hope that might be available if are counting on the promise of this chance and wrote that letter. the federal government funds all reasonable groundbreaking research. The passage The reason I mention that letter, medical research for my illness and those of the House stem cell bill on May 24 of which was such a surprise and made other illnesses that today provide no hope last year was a rare victory for biparti- my wife feel so good, is that one of the for the future. sanship here. It is my hope that we will things Landra remembers about Gail, Mr. President, these families are not embrace the same spirit of bipartisan- in addition to her bright red hair, is asking for anything except hope— ship in the Senate and pass this legisla- the fact that as a little girl she had hope—for a better future for them and tion. polio and was taken out of school and their loved ones. Immediately after the House passed placed in a hospital, as my wife re- Stem cell research holds a promise its stem cell bill, I spoke with the ma- members, in an iron lung. So, of for medical breakthroughs. As former jority leader about the need to take up

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S3999 this crucial legislation as soon as pos- U.S. SENATE, the House of this most important bill, sible. At that time, Dr. FRIST assured Washington, DC, May 2, 2006. a bill which gives hope to millions of me that we would consider the stem Hon. WILLIAM FRIST, M.D., Americans who, as indicated in these cell bill in the Senate by July of last Majority Leader, U.S. Senate, letters, are losing hope. Washington, DC. year. By the end of July of last year, DEAR DR. FRIST: Nearly a year ago, the The PRESIDENT pro tempore. There the majority leader still hadn’t sched- House of Representatives approved impor- is 30 minutes under the control of the uled debate on the stem cell bill. So I tant legislation to end the restrictions that minority leader or his designee. moved to take up and pass the House have kept stem cell research from fulfilling The Senator from Illinois is recog- bill by unanimous consent. Dr. FRIST its potential to save lives and alleviate suf- nized. objected to this request but delivered a fering. We understand that you are planning Mr. DURBIN. Mr. President, I thank a week of Senate debate on legislation re- the Democratic leader, Senator REID, courageous speech the next day in lated to health, We urge you to bring the which he expressed support for Federal for bringing this issue to the floor. Stem Cell Research Enhancement Act of 2005 This is something we have talked funding for expanded embryonic stem (H.R. 810) to the Senate floor for consider- cell research. ation during this ‘‘Health Week’’. about a lot in our private meetings: stem cell research. It is a matter of In that statement, the majority lead- Stem cell research has vast potential for curing diseases and saving lives. We know great frustration, frustration because er said, ‘‘The potential of stem cell re- you recognize the enormous potential of this we understand there are literally mil- search to save lives and human suf- research for discovering new cures and thera- lions of Americans who are counting on fering deserves our increased energy pies for diseases such as diabetes, Parkin- us, the Senate, to assume our responsi- and focus.’’ Yet when we returned after son’s disease and spinal cord injuries, and bility and take up a bill that was the August recess of last year, the ma- commend the strong support you have ex- passed by the House of Representatives pressed for approval of the House-passed bill. jority leader still could not find time almost 1 year ago. to debate this important legislation. By allowing H.R. 810 to be brought to a vote, you can bring hope and help to millions of Senator REID came to the Senate He found time for the Republicans, as American patients and families suffering floor and for the last few moments told the leaders of American churches have from these and other serious illnesses. us of his own personal commitment to said, for a moral budget, he found time The House passed H.R. 810 in May 2005—yet this issue, and I share it. He read let- for drilling in the Arctic Wildlife Ref- the Senate has failed to take action for near- ters from his constituents and talked uge and more deficit spending, but still ly a year. Further delay will mean more lost about his life experience. He then pre- no time for keeping hope alive with the opportunities for new cures and new treat- sented a letter that we have sent to promise of stem cell research. ments. The Senate should mark the anniver- sary of the House vote with action, not more Senator FRIST asking him to use his In December, just 5 months ago, the inaction, We therefore urge you to bring power to bring this issue to the floor. majority leader asked consent to take H.R. 810 to the Senate floor for debate and a This morning across America, people up and pass the House cord blood bill. vote during ‘‘Health Week’’. Millions of pa- got up, started their day, many of Well, these were supposed to be joined tients and their families across the nation them as healthy as can be but some cannot afford to wait any longer for enact- suffering from illness and others with together. We reluctantly said OK. We ment of this urgently needed legislation. said we will do this and then we will members of their families suffering Sincerely, from serious illness. Many of the peo- move to the bill that we want, the one Harry Reid, Dianne Feinstein, Tom Har- that passed the House. Well, at that kin, Ted Kennedy, Joe Lieberman, ple keep going because there is the time he expressed—he meaning Senator Barack Obama, Daniel Inouye, Jack hope, just the hope, that something might come along—a treatment, a FRIST—again his commitment to the Reed, Tom Carper, Russ Feingold, Herb stem cell bill. Once again, we were not Kohl, Paul Sarbanes, Frank R. Lauten- medicine—something that might give berg, Debbie Stabenow, Bill Nelson, them a chance to have a full life. That allowed to move to that bill. Instead, Maria Cantwell, Mary L. Landrieu, Jeff we passed the cord blood bill in ex- is what stem cell research is all about. Bingaman, Max Baucus, Robert Menen- When President Bush decided to an- change for a commitment to consider dez, Chuck Schumer, Byron L. Dorgan, nounce that it would be the policy of the stem cell bill early in this session. Tim Johnson, Barbara Boxer, Hillary the United States of America to re- Three months after he made that Rodham Clinton, Chris Dodd, John F. Kerry, Patty Murray, Jim Jeffords, strict scientific research involving commitment, I raised the issue again, Ken Salazar, Barbara A. Mikulski, Joe stem cells, he ended up closing off op- and I asked that he schedule time for Biden, Evan Bayh, Patrick Leahy, Carl portunities for people to live without the Senate to consider this issue prior Levin, Mark Dayon, Dick Durbin, fear, without disease, without the to the 1-year anniversary passage of Blanche L. Lincoln, Daniel K. Akaka, shortcomings of the illnesses from the House bill. Unfortunately, this re- Ron Wyden. which they suffer. It was a Govern- quest met the same fate as my previous Mr. REID. Mr. President, if we are ment-mandated decision which would requests. truly committed to lowering the cost stop that medical research here in the Two months have passed since my of health care in our country, we need United States. Across the country, last exchange with Senator FRIST, and to invest in medical research that has some States have said: We are going to he has yet to provide the Senate with the potential to combat life-threat- lead if the Government won’t. The an opportunity to pass this important ening and chronic diseases. Stem cell State of California, my State of Illi- legislation. Even as he announced his research shows tremendous promise. nois, and others have stepped up and plans for a Health Week in the Senate Federal funding of embryonic stem cell said: We will fund stem cell research sometime this month, he made it clear research will allow our Nation to lead because we believe it is so critically that stem cell research would not be the world in this research and ensure important. Sadly, this administration part of his plan. Today is May 4, and we that stem cell research is conducted refuses. Now it will take congressional are fast approaching the 1-year anni- with the strongest oversight in the action. The House has done its job. It versary of the House passing H.R. 810 world. When it comes to the possibility has passed this bill and sent it to the and the start of Health Week. Still, no of finding cures, we cannot leave our Senate. We have waited. stem cell legislation. best and brightest researchers with It has been 346 days since the House their hands tied, and we cannot deny of Representatives passed this impor- For all of these reasons and many Americans the hope of eventually find- tant stem cell legislation. In just short more, I am sending the majority leader ing a cure for a wide range of illnesses. of 2 weeks, it will be 1 year—1 year— a letter signed by 40 Democrats asking The House dealt with this issue, and since they sent us this bill. Sadly, in the majority leader to make H.R. 810 a we should do the same. I hope the ma- that period of time, despite his prom- priority during this Health Week. I ask jority leader will find this legislation ises, as Senator REID has told us, Sen- unanimous consent that this letter be important enough to consider as part ator FRIST will not call up the stem printed in the RECORD. of Health Week, and I will work with cell research bill. There being no objection, the mate- him in any way possible to schedule I was so encouraged—and many oth- rial was ordered to be printed in the this to move forward before May 24, the ers were as well—when Senator FRIST RECORD, as follows: 1-year anniversary of the passage by came to the Chamber and said publicly

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4000 CONGRESSIONAL RECORD — SENATE May 4, 2006 that he was going to support this bill. find cures instead of creating these ob- prevalent. We find more instances of It gave hope to people, that finally we stacles? people in nursing homes who need spe- would have a bipartisan effort that When President Bush made his an- cial care. There is a chance, there is a would grow here in the Senate to the nouncement—and I believe it was in good chance, that stem cell research point where a majority would pass this August of 2001—about stem cell re- may open some doors and some ave- legislation. But for reasons I can’t ex- search, he did not take an absolute po- nues to at least ameliorating the nega- plain, so many other things are of sition saying he was opposed to stem tive aspects of this Alzheimer’s disease greater importance when it comes to cell research because it was immoral or and maybe someday find a cure. How the Senate agenda. for some other reason; he said he would long can we wait? How long can we Mr. REID. Mr. President, would the allow stem cell research to continue wait for the political leaders in the Senator yield for a question? along certain stem cell lines that cur- Senate to wake up to reality? The Mr. DURBIN. I would be happy to rently exist. But in making that an- American people are counting on us. yield for a question. nouncement, he restricted the oppor- If we wonder why the American vot- Mr. REID. The Senator from Illinois tunity to expand that research in our ers are cynical, whether they question and I are about the same age. Do you country. It was a Government decision if this Congress has any value in their remember as a boy being worried about to restrict the research into stem cells lives, take a look at this issue. For a polio? that could save lives and change lives year we have been sitting on a bill the Mr. DURBIN. Absolutely. dramatically. So I would say that what majority leader in the Senate says he Mr. REID. And do you remember the we face in the Senate is a moral imper- supports. He won’t call up the stem cell relief that was given to us as boys, ative. Will we step forward now, 1 year research bill. I could go through a long young boys, when a cure was found? after the House has passed this legisla- list of other bills he has called, some They could give us a shot. We knew we tion? Will we put the bill on the floor that I consider just plain wrong, and wouldn’t go into an iron lung or have a and vote it up or down? others insignificant. They have taken hump on our back like my friend I can tell you, in the city of Chicago the place of stem cell research. Why? Elwin, whom I love almost like an and in the State of Illinois, I have trav- Next week we are going to deal with uncle—not almost, like an uncle. eled around and met with many people Health Care Week. I salute Senator Does the Senator acknowledge that who are counting on us. ENZI, the Senator from Wyoming. He all these people who suffer from Lou I had a little gathering in Chicago at wants to talk about health insurance. I Gehrig’s disease and Parkinson’s and the Chicago Rehab Institute, one of the don’t agree with his approach. I have diabetes and all of these other diseases, best in America, and we had people an alternative. I salute him for coming that they have been told by the fore- come in who were interested in this to the Senate floor and pushing this most scientists around the world that issue. We had folks from the American forward. Why can’t we get the same there is hope for them, that they would Diabetes Association who believe stem leadership from the Republican leader have the same relief we had when we cell research may offer the opportunity of the Senate when it comes to stem learned there was a cure for polio? for a cure for some forms of diabetes. cell research? How can we have a Na- Mr. DURBIN. Mr. President, I would As more and more people are stricken tional Health Care Week and not deal say in response to the Senator from with this disease, as their lives are with medical research after we prom- Nevada the name Jonas Salk, a name compromised and changed, can we deny ised over a year to do so? no one ever heard of until this great re- them this opportunity? I take a look at the people who came searcher came up with a vaccine for Others came in suffering from Par- to that meeting in Chicago and remem- polio. When we were in grade school as kinson’s. Parkinson’s is a disease ber so well a young man, a very young children and saw our fellow students which I know a little bit about person- man in a wheelchair suffering from Lou crippled by polio, in fear that it could ally because of one of my closest Gehrig’s disease, a handsome fellow strike us, Jonas Salk, this researcher, friends in Congress, Lane Evans, the with a beautiful young wife. He broke came forward with that vaccine and he Congressman from Rock Island, IL. He down in tears because he could barely changed our lives. He took a burden off and I came to the Congress in the same speak. He was losing control of his of our lives and the lives of our parents year of 1982. In 1996, I was out cam- body even as he sat there, telling me who worried about whether their kids paigning with Lane in a parade in how critically important medical re- would contract polio. Galesburg, IL. I didn’t realize it at the search was. Anyone who has seen a vic- Why can’t we give the same hope and time, but Lane felt that day that some- tim of Lou Gehrig’s disease, whether it same promise to a new generation of thing was wrong with him. He wasn’t was the late Senator Jacob Javits of Americans with stem cell research? sure what it was. He said he had lost New York or, of course, the late Lou Why is our Government, why is this ad- the feeling in his hand. He didn’t say Gehrig himself, as we saw his baseball ministration, why is the President anything that day, and it wasn’t until career come to an end, understands blocking this research, and why won’t several years later that the diagnosis how devastating this can be. The only the Senate Republican leadership bring was made that he suffers from Parkin- thing that keeps many going is the this bill to the floor? son’s. He has been a real profile in hope, the chance that a cure will be If this is about National Health Care courage. He has stood up and rep- found. Where is that hope? Where is Week, shouldn’t we be talking about resented the people of his district, and that cure? It is buried in the calendar medical research? Shouldn’t we be he has been very honest about his dis- of the Senate. It is buried in the cal- talking about new cures and new op- ease and how it has limited his life. endar of the Senate because the leader- portunities so people can have a better We were all saddened just a few ship will not call up stem cell research life? Unfortunately, we are not. weeks ago when Lane made the public for a vote. Mr. REID. Mr. President, will the announcement that he couldn’t con- Instead, Senator FRIST is going to Senator yield for another question? tinue, that he would have to withdraw bring the issue of medical malpractice Mr. DURBIN. I am happy to yield. his name from the ballot this year. to the floor again next week. It has Mr. REID. Does the Senator acknowl- This young man—this young man—is been brought over and over again. edge that Jonas Salk and others doing going to have his life changed dramati- After days have been devoted to de- this research had the full support of cally because of Parkinson’s. Can we do bate, it has been stopped because many the Federal Government every step of anything less than push for medical re- believe this is an issue of State respon- the way on this very delicate, delib- search for those who may be suffering sibility and not an issue for the Fed- erate, tough path they followed to find from Parkinson’s or threatened by it? eral Government. Yet he wants to take a cure? Does it make us a better or more moral up several days on the Senate calendar, Mr. DURBIN. That is exactly the people to withhold this research that several days which may ultimately point we should remember when it can hold such promise for these people? lead to no conclusion on the issue of comes to stem cell research. How much The same thing is true with Alz- medical malpractice. Wouldn’t it be better would our research be if this heimer’s. As more and more Americans better to devote those days, 3 of those Government stood behind efforts to advance in age, Alzheimer’s is more days, to stem cell research?

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4001 Think about it. As we avoid our re- it. In this year’s budget, sadly, the What is more important? Stem cell sponsibility in stem cell research, the President did the same thing. This research and medical research to find medical challenges are still there. All year’s budget from President Bush to cures, that we spend the time to get across the United States, loving cou- Capitol Hill cuts funding for 18 of the that done, or 4 or 5 days on gay mar- ples who were unable to conceive a 19 institutes at the National Institutes riage? Honest to goodness, when it child have turned to in vitro fertiliza- of Health. comes down to the priorities and val- tion. Beautiful young babies have re- What does that mean? It means 642 ues of the Republican leadership, I sulted, children who are loved and fewer research projects will be under- don’t understand it. cherished because of the advances of taken, 642 projects trying to find cures They also want to consider a con- science. for cancer, heart disease, stroke, mus- stitutional amendment on flag burn- But during the course of this in vitro cular dystrophy, and so many other ing. You know, I have not noticed an fertilization, spare fertilized eggs are terrible disorders. What greater pri- epidemic of flag burning across Amer- produced. What will happen to those ority is there for this country than ica. I love our flag like every other eggs? In many instances they will be medical research? What can we pos- American, but we are going to devote 3 thrown away, destroyed on the spot. sibly think is more important than ad- or 4 or 5 days to talk about another Instead of destroying them, wouldn’t it vancing research? constitutional amendment to ban flag be better to take the embryonic stem I met recently with some scientific burning? I would much rather see us cells from those same eggs and use investigators who said: You know, I am put as a first priority medical research them to find a cure for Alzheimer’s, for worried, worried if we don’t invest in and stem cell research. Parkinson’s, for diabetes, for Lou research the young people who should We are prepared to challenge Senator Gehrig’s disease, to see if we can regen- be developing the expertise will not FRIST. Every time he comes up with a erate spinal cord injuries and give peo- have the incentive to do it. They will clearly political issue designed strictly ple who are crippled and paralyzed a be afraid the NIH won’t be able to fund for votes in November rather than for chance? the important projects they can devote the needs of this Nation, we are going Let me tell you the story of one of their lives to. to challenge him. We are going to chal- The President has decided first to those people right now. He is from Ger- lenge him to bring up the issues that stop stem cell research, to limit it to a mantown, IL, which I know pretty count, issues like stem cell research, very small number of stem cell lines well, down around my home area of issues like the energy costs across that are inadequate to the task of de- East St. Louis. His name is Matt America that have to be addressed here Langenhorst. Matt was 31 years old. He veloping cures for disease, and then to cut the budget for medical research at and now, issues like the cost of health was a picture of health, a 6-foot-4-inch insurance, which not only threatens police officer. In the year 2001, he and the National Institutes of Health. The President does this at the same time families but threatens the future of his wife were hit by a car. Matt is now many businesses, particularly small paralyzed from the neck down. His wife that he is calling for tax cuts for the most wealthy people in America, peo- businesses. Those are the real issues. is his full-time caregiver. Those are the things that people care Today, Matt moves his wheelchair by ple who have not even asked for a tax about. blowing into a tube. Simple things that cut. Why in the world would we build up the debt of America and cut back on Instead, we fritter away our time, we we take for granted take Matt minutes waste our time on virtually insignifi- and hours to accomplish. Almost ev- essentials such as medical research and education and health care to provide a cant issues such as this political pos- erything in his life requires assistance. turing for the next election. This stem When he was injured, Matt and his tax cut for the wealthiest people in cell research issue is a bipartisan issue. family were certain that research was America? The priorities are just wrong. There are Republican and Democratic promising that he would walk again. The Bush policies, when it comes to Senators who support it. It is a chance They were counting on medical re- medical research, are wrong. They are for us to stand up once as an institu- search. That was 5 years ago—5 years moving America in a wrong direction. tion and be proud that we have a bipar- paralyzed. They are moving us away from finding His family was in my office this week cures and bringing hope to those who tisan solution to advance medical re- asking why we have not done more. are afflicted with disease. search in America. But, unfortunately, They wanted to know what we were Sadly, we have to change that direc- we have not been able to prevail. Un- doing about stem cell research. This tion. We have to say to the President fortunately, for 346 days now we have bill passed the House of Representa- we don’t accept this Bush policy. It is waited for Senator FRIST to call the tives with Democrats and Republicans. wrong when it comes to medical re- bill on stem cell research. What are we waiting for? search, and that decision and that That is his responsibility. That is the I can’t answer that question. I don’t statement has to be made right here on responsibility of the Republican major- know what could be more important the Senate floor with 100 men and ity. I hope they accept that responsi- from the Republican majority point of women elected from across the United bility. Senator FRIST, more than any view than to move forward with this States to speak for the people who are other Member of the Senate, under- critical stem cell research. I think the waiting in hope, people like those I stands the importance of medical re- Senate should pass H.R. 810 as quickly have described—people like that couple search. He is an honored cardio sur- as possible. Perhaps we should set aside in Germantown, IL, the Langenhorsts, geon, a transplant surgeon who brings some of the other pets and favorites for Matt and Erika. I don’t know if they his special expertise to the floor of the a few moments and address this issue are following this debate. I hope they Senate. When he announced he was for of medical research. So many people are. More important, I hope this debate stem cell research, it was a break- are counting on us. leads to something positive. through. It was a breakthrough that on When we look at the budget that the Next week, when Senator FRIST the Republican side, a man of his stat- President has just sent us, sadly I am wants to bring up national health care, ure would say that he supports it. Now afraid medical research is not the pri- we are going to make an effort on the that he has made that commitment al- ority it once was. I was here when, on floor of the Senate to bring up stem most a year ago, it is time for us to a bipartisan basis, Congressman John cell research. It is about time he faces act, and act now. We need to make sure Porter, Republican from Illinois; Sen- the reality. We can’t put this off any we restore the budget for the National ator ARLEN SPECTER, Republican from longer. He has promised time to deal Institutes of Health. We need to move Pennsylvania; Senator TOM HARKIN, with so many issues—immigration and this bill forward. Democrat from Iowa, all agreed we so many other things. He said he wants If we start cutting the NIH budget, would double the budget for the Na- to set aside a certain piece of our advances that have saved lives in heart tional Institutes of Health so that they schedule and devote it to a debate on disease and Leukemia, cystic fibrosis, could find more cures, there would be gay marriage, a constitutional amend- and so many other areas, those ad- more money to be invested in research. ment on gay marriage. We want to vances will slow down. It is just that What happened last year? We froze spend a week or so talking about gay simple. Medical research is slow. It the budget. We decided not to increase marriage. takes time, and it costs money. But it

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4002 CONGRESSIONAL RECORD — SENATE May 4, 2006 saves lives. It means a mom or dad Hope is what stem cell research spring, and now we are about to reach with an incurable disease can live long brings to those with Parkinson’s dis- an anniversary none of us ever wanted enough so their kids will remember ease, who think of the time when the to see. On May 24, it will be 1 year them. tremors of that disease are banished since the House acted, and the Senate Between the prohibition on stem cell forever. still refuses to act. research and the cuts to NIH funding, Hope is what stem cell research Let us vow that we will not mark lifesaving medical research under the brings to millions of Americans who this anniversary with yet more inac- Bush administration in this country is seek better treatments and better tion and indifference. sadly on the ropes. We can do some- drugs for cancer, diabetes, spinal in- The Senate has had a busy schedule, thing about it. We can pass H.R. 810. jury, and many other serious condi- but in that schedule we have found We can tell President Bush that his tions. time for all manner of giveaways to budget priorities are wrong, that we Hope cannot be extinguished or de- those who already have much in the are going to put the money into stem stroyed but it can be frozen. And it has way of wealth and power. Now, it is time to turn our attention cell research. now been frozen for 5 long years, ever There are unused embryonic stem since President Bush shut down the to those who need our help the most. And that includes the millions of cells in eggs donated voluntarily by stem cell research program begun in Americans who have seen their hopes couples who no longer need them, the Clinton administration, and im- blocked by the administration’s cruel which can be used for this valuable re- posed arbitrary and unwarranted re- policies and the Senate’s shameful in- search. Otherwise they will be dis- strictions on this lifesaving research, action. carded, thrown way. Estimates suggest based on ideology, instead of science. The Senate leadership has scheduled there are 400,000 of these unused em- For 5 years, we have watched as a Health Week for later this month. bryonic stem cells currently available America has abdicated its global lead- Will we use this opportunity to debate for research. What is stopping those ership in this important new field, by the flawed Medicare drug program? Or cells from moving from storage in keeping our best scientists on the side- the soaring number of the uninsured? these frozen environments to labora- lines. Will we do what we need to do to tories where they may find cures? The In those 5 years, we have squandered unlock the vast potential of stem cell decision of the President of the United the opportunity to set strong ethical research? Sadly, the answer to each of States to stop the research. When we guidelines for this research through these questions is probably no. These lift this restriction on Federal research the oversight that NIH funding can and many other major priorities for dollars, it will provide stem cells that bring. Through NIH, we have made the Nation will remain unaddressed. medical science tells us have the abil- progress consistent with our values in I urge my colleagues to join me in ity to change lives and save lives and new fields of in as recombinant DNA asking the Senate leadership to sched- to transform into almost every type of research, which once also seemed ule a vote on House Resolution 810, the cell and tissue. Research will show us strange and controversial. We can do House-passed stem cell research bill, how to harness that ability to heal and the same for stem cell research but during the coming Health Week and to repair damage done by disease. only if NIH is allowed to become a do so before May 24, the first year anni- We owe it to the families of those leader in this new field. versary of its approval by the House of who are affected by disease and dis- Hope soared anew a year ago, when Representatives. ability. The stem cell issue will not go the House of Representatives set aside Millions of patients and their fami- away. I urge Senator FRIST to show the partisan differences and courageously lies look with hope to stem cell re- same leadership today that he showed approved legislation to end those re- search, and they should not have to last year when he announced his sup- strictions, and give our scientists the tolerate any greater delay or any fur- port for stem cell research by announc- tools they need to make progress in the ther failures. ing when he will schedule this for a fight against disease. I yield the floor. vote, give us a time certain, do not The same strong bipartisan support Mr. BROWNBACK. Mr. President, leave the floor of the Senate today exists in the Senate for ending the un- how much time remains? The PRESIDING OFFICER. The ma- without a time certain on a vote on warranted restrictions on stem cell re- jority time is 19 minutes 10 seconds. stem cell research. We owe it to the search. millions of families across America There is no one in the Senate with f who are counting on us. stronger pro-life credentials than Sen- NORTH KOREAN REFUGEES Mr. President, I reserve the remain- ator HATCH, but he knows that sup- Mr. BROWNBACK. Mr. President, I der of my time. porting stem cell research is the pro- will draw attention to two topics I suggest the absence of a quorum. life position to take. today. I will address the comments The PRESIDING OFFICER (Mr. ISAK- There is no greater supporter of med- made about stem cell research because SON). The clerk will call the roll. ical research in the Senate than Sen- we have exciting things happening in The assistant legislative clerk pro- ator SPECTER, and he feels strongly that field that I will report to my col- ceeded to call the roll. that stem cell research is one of the leagues. Mr. KENNEDY. Mr. President, I ask great breakthroughs of modern medi- First though, there is breaking news, unanimous consent that the order for cine. with Reuters, the Associated Press, the quorum call be dispensed with. There is no one with a greater depth and several other outlets reporting The PRESIDING OFFICER. Without of conscience than Senator SMITH, and that shortly we may have a group of objection, it is so ordered. he has searched his heart and prayer- North Korean refugees formally accept- Mr. KENNEDY. Mr. President, today fully decided that support for stem cell ed by the United States for the first I come to the Senate floor to speak research is the moral choice. time since the Korean peninsula was briefly about stem cell research and Bipartisan legislation was passed by divided by war over half a century ago. the hope it holds for millions of Ameri- a vote of 238 to 194 in the House of Rep- This is being reported by a couple of cans in the years ahead. resentatives on May 24, 2005, a year ago news outlets. I ask unanimous consent Hope is one of the qualities of spirit this month. It was ordered placed on to have printed in the RECORD the news that make us human. Hope allows us to the Senate Calendar on June 6, where report and a related article. dream of a better life for our children, it has remained stalled ever since. If There being no objection, the mate- our community, and our world, espe- the House bill was put to a Senate vote rial was ordered to be printed in the cially for loved ones now suffering or in today or tomorrow or next week, it RECORD, as follows: pain. would pass by a solid bipartisan major- [From the Associated Press, May 3, 2006] Hope is what stem cell research holds ity in the Senate too. OFFICIALS: U.S. ASSISTS N. KOREAN for the parents of children with diabe- Why? Because the Republican Senate REFUGEES tes, who dream of a day when their leadership stands in the way. Summer (By Foster Klug) constant fears for their children’s well- came and went with no action in the WASHINGTON.—The Bush administration is being are things of the past. Senate, then the winter, then the working to bring a group of North Korean

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4003 refugees to the United States and could have rea’s food policies, its marginalization of the tem largely kept the population immobile them in the country within two weeks, a World Food Programme (WFP), its refusal to and obedient, so that they wouldn’t risk los- State Department official said Wednesday. allow adequate monitoring of food aid, and ing their only source of food. The group would be the first from North the implications of the government’s new ‘‘The government is apparently trying to Korea given official refugee status since pas- policies. Human Rights Watch noted that turn back the clock to regain some of the sage of the North Korean Human Rights Act only a decade ago, similar policies led to the control lost when it allowed people greater in 2004, officials say. famine that killed anywhere from 580,000 to freedom to move around and buy grain,’’ said The State Department official, who spoke more than 3 million, according to inde- Adams. ‘‘The government should reverse its on condition of anonymity because of the pendent researchers and nongovernmental new policies, which make it harder for hun- issue’s sensitivity, said the refugees are in a organizations (NGOs). gry people to find the food they need to sur- Southeast Asian nation, and if bureaucratic ‘‘While most international discussion of vive and stay healthy.’’ hurdles can be cleared, they could be in the North Korea is about nuclear weapons, hun- The government should prioritize assisting United States soon. ger remains a serious problem,’’ said Brad the vulnerable population by providing aid A separate U.S. government source said Adams, Asia director at Human Rights to those who can’t obtain food through their the six refugees include several women who Watch. ‘‘Regressive policies from a govern- work. North Korea should allow inter- were sold into sexual slavery or forced mar- ment that doesn’t allow free expression or national monitors unfettered access to bene- riages. The source, who also spoke on condi- independent observers to monitor the situa- ficiaries. Major food donors, including China tion of anonymity, has been in contact with tion could someday lead to a repeat of the and South Korea, should monitor distribu- a person who helped shepherd the refugees food crisis of the 1990s.’’ tion of their aid in a way that meets inter- into the Southeast Asian nation and who has In October 2005, North Korea reversed some national standards as employed by the WFP. had regular contact with them. of its most applauded economic reforms by Human Rights Watch urged the North Ko- Both officials would not identify the na- banning the private buying and selling of rean government to: tion, saying they were worried the refugees grain, the main source of nutrition for most Allow international humanitarian agen- or their families could be harmed by North North Koreans. The government asked the cies, including the WFP, to resume necessary Korean agents. Officials also worry that pub- WFP, which had been feeding millions of the food supply operations and to properly mon- licity could slow down or scuttle the pains- nation’s most vulnerable people for a decade, itor aid according to normal international taking bureaucratic process that must be to end emergency food aid. The agency be- protocols for transparency and account- completed before the refugees can leave the lieves the request is premature, and proposed ability; Southeast Asian nation for the United a new, considerably smaller aid package. The Ensure its distribution system is both fair States. North Korean government had not formally and adequately supplied, or permit citizens The issue of North Korean human rights accepted the offer as of the end of April. to obtain food in alternative ways, through has gained attention in Washington as inter- The government also announced in October direct access to markets or humanitarian national diplomatic efforts to rid the North that it was fully reinstating the Public Dis- aid; and End discrimination in the distribution of of its nuclear weapons programs have tribution System (PDS), which provided cou- food in favor of high-ranking Workers’ Party stalled. pons for food and consumer goods to North officials, military, intelligence and police of- Lawmakers and human rights activists Koreans through their places of work or ficers, and against the ‘‘hostile’’ class have expressed frustration at the State De- study. During the food crisis of the 1990s, deemed politically disloyal to the govern- partment’s slow pace in helping North Ko- millions of people who depended on their ment and Party. rean refugees settle in the United States; PDS rations died from starvation. Many Human Rights Watch takes no position on part of the North Korean Human Rights Act more suffered severe malnutrition and hun- whether countries should have market or specifies that the department make it easier ger as the system broke down. The crisis command economies. But it is clear from the for North Koreans to apply for refugee sta- ended by massive amounts of international devastating famine and pervasive hunger of tus. food aid and the tolerance of private mar- the past—well documented by the United Na- The U.S. special envoy on North Korean kets, helped in recent years by improved har- tions and NGOs—that the PDS and the coun- human rights, Jay Lefkowitz, told a congres- vests. try’s official food industry have miserably sional hearing last week: ‘‘We need to do ‘‘Forcing the World Food Programme to radically reduce its food shipments and mon- failed North Korean. more—and we can and will do more—for the ‘‘Millions of North Koreans died painful North Korean refugees.’’ itoring, and making it illegal for ordinary North Koreans to buy and sell grain, is a rec- deaths from starvation while the rationing ‘‘We will press to make it clear to our system was in place,’’ said Adams. ‘‘There is friends and allies in the region that we are ipe for disaster,’’ said Adams. Recent news reports suggest that North little reason to believe the North Korean prepared to accept North Korean refugees for Koreans in many parts of the country were government is now capable of providing resettlement here,’’ he said. not receiving rations, six months after the enough food to all its citizens.’’ President Bush appointed Lefkowitz last authorities announced they were fully rein- year. Mr. BROWNBACK. I certainly hope stating the PDS. A Chinese man of Korean North Korea long has been accused of tor- and pray the reports are true. I hope descent who recently visited his relatives in ture, public executions and other atrocities that the six to eight refugees being re- the northeastern part of North Korea told against its people. Between 150,000 and 200,000 ferred to in the articles will soon have Human Rights Watch that none of the five people are believed to be held in prison homes he visited had received any rations a chance to be welcomed by thousands camps for political reasons, the State De- since November 2005. ‘‘They received half a of Americans who have worked hard for partment said in a report last year. month’s worth of corn for the months of Oc- their freedom, especially those of Ko- Human rights activists have said that U.S. tober and November, but that was it,’’ he rean heritage in this country. Embassy workers in Asian countries have re- said. ‘‘And that, I heard, was only for work- fused to help North Korean refugees. I particularly recognize the Korean ing men, and nobody else in the families.’’ Last year, Timothy Peters, founder of Church Coalition and a number of peo- The South Korean NGO Good Friends also Helping Hands Korea, told lawmakers at a ple who risked their own lives to form reported in the April edition of its monthly hearing that embassy officials in Beijing an underground railroad of sorts— newsletter, North Korea Today, that resi- rebuffed him when he tried to arrange help dents of Pyongyang received only 10 days of reminiscent of what happened in my for a 17-year-old North Korean refugee. food rations in April. Citing an unnamed of- State and many other places across ‘‘I thought to myself, ‘Is this the State De- ficial at Pyongyang’s food management ad- this country years ago—along the Ko- partment’s implementation of the North Ko- ministration, the report said that in May rean-Chinese border. We have a fairly rean Human Rights Act?’ ’’ he said. there would be no rations at all. open border between Korea and China. North Korea has a long history of pro- You can get from North Korea into NORTH KOREA: POLICY CHANGES MAY FOSTER viding food on a priority basis, feeding the NEW HUNGER China, but you cannot get out of China. preferred class, such as Workers’ Party mem- The Chinese have, to date, not been SEOUL, May 4, 2006.—Recent decisions by bers and high-ranking military, intelligence the North Korean government to suspend the and police officers, while discriminating very cooperative in allowing North Ko- operation of the World Food Programme, ban against the so-called hostile class. If past rean refugees to pass. They have even the private sale of grain, and fully reinstate patterns hold true this year, the government captured North Korean refugees and the discredited Public Distribution System will first send food to ‘‘war-preparation stor- sent them back to North Korea to an could lead to renewed hunger for North Ko- age’’ and preferred citizens, and only then to uncertain future and possible death, rea’s already poor and destitute people, the general public through the PDS, leaving and in many cases, as well as a lot of Human Rights Watch said in a new report re- many North Koreans hungry. persecution and mistreatment in a leased today. Until the famine in the 1990s, food ration- The 34-page report, ‘‘A Matter of Survival: ing was perhaps the single most important North Korean gulag, of which we have The North Korean Government’s Control of way of controlling the population in North satellite photographs. I have held hear- Food and the Risk of Hunger,’’ examines re- Korea. As people could receive rations only ings on gulags containing, we believe, cent worrisome developments in North Ko- from their place of work or study, the sys- around 200,000 North Koreans. We also

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4004 CONGRESSIONAL RECORD — SENATE May 4, 2006 believe, over the last 15 years, approxi- human rights and human dignity, and presidency. He spoke of a grieving mately 10 percent of the North Korean fundamental freedoms, including the mother and brother who yearned to be population has died, primarily of star- freedom of thought, conscience religion united with her daughter and his sister, vation, although also from the gulags or belief. By referring in the act to core Megumi, who was only 13 when she was and at political prisoner camps. Helsinki principles adopted in 1975 that abducted by the North Korean regime The people are walking out of North informed and animated our dealings more than 30 years ago; he met with a Korea. They are walking into China. with then Soviet Union and its even- young child of 6 named Han Mee Lee We do not know how many, but the es- tual dissolution and the resulting free- who with her family were at the center timates have been as many as 100,000 to dom for millions without a single shot of an international controversy created 300,000. They are now living off the land being fired, the act similarly commits by vivid video footage of their valiant there in an illegal status, in great dif- the United States to pursue in North struggle for freedom at the gates of an ficulty, and in harm’s way in China. Korea the same devotion to human dig- embassy in China; and he met with a If we get these refugees coming into nity and human rights. former North Korean soldier who de- the United States, they will be the first Yet since the passage of the North fected to South Korea in pursuit of refugees coming into the United Korean Human Rights Act, the negoti- what his conscience and his heart told States. It is built on the North Korean ating approach has been to subordinate him were his inalienable and God-given Human Rights Act, which this Senate the human rights and human dignity of right to liberty and freedom. and this Nation passed a year and a the North Korean people. Instead, what I ask unanimous consent at this time half ago, allowing these refugees from we have done is to pin our hopes on the that this statement by the President North Korea to enter into the United possibility of another framework be printed in the RECORD. States. agreement in which the parties would There being no objection, the mate- The act basically builds on what took be coerced yet again into tossing more rial was ordered to be printed in the place toward the Soviet Union before it lifelines to a fragile but oppressive re- RECORD, as follows: had collapsed where we were in nego- gime in Pyongyang in exchange for the STATEMENT ON CHINA’S TREATMENT OF KIM tiations on nuclear talks, we were not possible exchange of yet another prom- CHUN-HEE BY THE PRESS SECRETARY getting anywhere, and we raised ise not to use weapons of mass destruc- The United States is gravely concerned human rights issues of what took place tion. about China’s treatment of Kim Chun-Hee. regarding two Soviet dissidents in the In none of these negotiations have we Despite U.S., South Korean, and UNHCR at- tempts to raise this case with the Chinese, Soviet Union. been able to engage in talks—either in Ms. Kim, an asylum seeker in her thirties, We said it was not fair how they are the multiparty context or even unoffi- was deported to North Korea after being ar- treating their own people. The same cial bilateral discussions—on issues rested in December for seeking refuge at two thing is happening in North Korea in that promote and do justice to both Korean schools in China. We are deeply con- how North Korea is treating their own American and universal ideals. Rather cerned about Ms. Kim’s well-being. The people, to the point this oppressive re- than focusing the debate on the re- United States notes China’s obligations as a gime of Kim John is trying to build gime’s policies of persecution and star- party to the U.N. Convention relating to the weapons of mass destruction; they are vation and to the massive failure of its Status of Refugees and its 1967 Protocol, and believes that China must take those obliga- a weapon of mass destruction on their economic policies that in the mid-90s tions seriously. We also call upon the Gov- own people, killing, as I noted, we be- directly resulted in the deaths of mil- ernment of China not to return North Ko- lieve around 2 million North Koreans lions of North Koreans, the parties rean asylum seekers without allowing through starvation. This is abhorrent. have done little to strengthen democ- UNHCR access to these vulnerable individ- If the refugees do come to the United racy and promote human rights in uals. States, this is a moment of celebration, North Korea. Mr. BROWNBACK. Last July, the even though it is only a few. It is a I appreciate that there are strong po- President also met with Kang Chol statement by this country that we will litical pressures especially from our al- Hwan, whose book the Aquariams of not tolerate the mistreatment of peo- lies to negotiate over the North Korean Pyongyang, chronicled Mr. Kang’s life ple taking place in North Korea. I ap- regime’s so-called ‘‘peace for security’’ as a 9-year-old gulag inmate to his plaud this effort. demand. And in the interest of search- eventual freedom. Just as Natan I applaud the administration for ing for a diplomatic solution, the Scharansky was Reagan’s symbol of working on this particular topic, and President and Secretary Rice have what freedom from the Soviet com- particularly Jay Lefkowitz, the special done precisely that. In fact, the recent munist system meant to free people ev- envoy from the administration on rounds of six party talks were the most erywhere, Kang is Bush’s symbol of human rights in North Korea. sustained effort by the United States. what freedom means to North Koreans. If reports this morning from Reuters But the President himself has also History will record these acts by and the Associated Press as well as done much more, in both word and President Bush to unilaterally broaden various other news outlets prove to be deed. In the past 2 months, the Presi- the narrow agenda of the Six-Party accurate, we may shortly have a group dent released two of the most remark- Talks as among the wisest and hu- of North Korean refugees formally ac- able statements of his presidency. Last mane—acts that trump and negate the cepted by the United States for the month, the President called to atten- false perception that the President is first time since the Korean peninsula tion China’s treatment of a North Ko- indifferent to concerns about human was divided by war over half a century rean refugee named Kim Chun Hee. rights in North Korea. These bold and ago. Missing since December, when Miss compassionate acts will figuratively I hope and pray that these reports Kim was arrested in China and de- place on the bargaining table—if the are true, and I hope that the six to ported back to North Korea, it isn’t Six Party Talks are to ever resume— eight refugees referred to in the arti- known whether she is dead or alive. As the faces and names of North Koreans cles will soon have a chance to be wel- the President’s envoy for North Korean who have suffered and continue to do comed by the thousands of Americans Human Rights Jay Lefkowitz said of so. who have worked so hard for their free- Miss Chun in a Wall Street Journal edi- By so publicly raising human rights dom, especially by those of Korean her- torial, ‘‘Every movement needs he- issues to the highest level, the Oval Of- itage. roes.... Either she will be a living fice of the President no less, President A year and a half ago, Congress figure in a jail somewhere or, God for- Bush is merely following the examples passed and President Bush signed into bid, she’ll be a martyr.’’ As far as I set by President Reagan and Pope John law the North Korean Human Rights know, we have no word from the Chi- Paul during their struggles with a Act. It was the first significant piece of nese Government and certainly not much larger and more threatening nu- legislation dealing with that nation’s from the North Koreans on the fate of clear power. dictatorial regime since the cessation Miss Chun. We may now have an opportunity—if of hostilities in July 1953. The act The President also issued a state- the press reports are accurate—to take called for a U.S. policy on North Korea ment after a meeting that he himself an additional but necessary step to based on a commitment and respect for called one of the most moving of his demonstrate not just by words but by

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4005 action what human rights mean. We action by us, it is difficult for us to de- reans, whether hiding out in the forests need to accept North Korean refugees mand that the Chinese should also of China or working as trafficked vic- into the United States as provided by change its policies, and it presents a tims in brothels or as orphans prowling the North Korean Human Rights Act. problem for us in asking other coun- marketplaces for crumbs. That it appears to have taken more tries to do the right thing if we have If these refugees are granted refuge than a year and half for the possibility not been able to do the same. If the in the United States, it would con- of officially accepting North Korea ref- U.S. cannot admit what may be less stitute one of the great acts of compas- ugees has been troubling to Members of than 10 refugees in total if the press re- sion by this nation. Congress on both sides of the aisle. In ports are correct, then the whole And I hope we take this opportunity a bipartisan letter to Secretary Rice, premise of the act itself is to lift our lamps and show a way out of Congressman FRANK WOLF and others unsustainable. the darkness for the North Korean ref- called on the administration to do I am hopeful that this may be chang- ugees. more. And last year, both Congressman ing and I hope it is changing. The WOLF and I wrote to Secretary General hopes and prayers of thousands in the f Kofi Annan to pressure China into al- faith community and among Korean lowing UNHCR, the U.N. agency for American communities are vested in STEM CELLS refugees, into Yanji Province near the this possibility of the first admission of North Korean border and other affected North Korean refugees into the United Mr. BROWNBACK. Mr. President, an- areas to assess the situation with re- States. other topic I will discuss is embryonic spect to the North Korean refugees. If and when these people come, it will stem cell and adult stem cell research. I was disappointed to learn that the offer hope to millions and put Amer- I will show two books because we have first report required under the North ican on the right side of history. Such a lot going on regarding stem cells and Korean Human Rights Act was issued an act is consistent with the bold steps in stem cell research. with the statement that no progress that Ronald Reagan took and Pope I ask unanimous consent to have had been made on accepting refugees. John Paul urged during the years of printed in the RECORD a chart on Fed- As the act makes clear, admission the cold war, and in the process made eral funding of stem cell research. would be conditioned upon a thorough the world a better place. There being no objection, the mate- vetting process by DHS and other ap- If ever there were huddled masses rial was ordered to be printed in the propriate agencies. But without any yearning to be free, it’s the North Ko- RECORD, as follows: U.S. FEDERAL TAXPAYER FUNDING TOTAL NIH STEM CELL RESEARCH FY 2002–FY 2006 [Dollars in millions]**

FY 2002 Actual FY 2003 Actual FY 2004 Actual FY 2005 Actual Non Non Non Non embryonic Embryonic Total embryonic Embryonic Total embryonic Embryonic Total embryonic Embryonic Total

Human, subtotal...... 170.9 10.1 181.0 190.7 20.3 211.0 203.2 24.3 227.5 199.4 39.6 239.0 Nonhuman, subtotal ...... 134.1 71.5 205.5 192.1 113.5* 305.6 235.7 89.3* 325.0 273.2 97.0 370.2 NIH, total ...... 305.0 81.6 386.6 382.9 133.8* 516.6 439.0 113.6* 552.5 472.5 136.7 609.2 *Decrease from FY03 to FY04 is the result of a change in methodology used to collect nonhuman embryonic funding figures. This methodology change also contributed to an increase in nonhuman non-embryonic. **Numbers may not add due to rounding.

Mr. BROWNBACK. Mr. President, I ask unanimous consent to have cancer, skin cancer: Merkel cell carcinoma, noting for the record the actual spend- printed in the RECORD the listing of 69 testicular cancer, lymphoma, non-Hodgkin’s ing in 2005 on embryonic stem cell re- different human illnesses being treated lymphoma, Hodgkin’s lymphoma, acute search, the U.S. Federal Government by adult and cord blood stem cells. lymphoblastic leukemia, acute myelogenous There being no objection, the mate- leukemia, chronic myelogenous leukemia, spent nearly $40 million on human em- juvenile myelomonocytic leukemia, cancer bryonic stem cell research. We spent rial was ordered to be printed in the of the lymph nodes: angioimmunoblastic $97 million on nonhuman embryonic RECORD, as follows: lymphadenopathy stem cell research, for a total of $136 69 CURRENT HUMAN CLINICAL APPLICATIONS Multiple myeloma (cancer affecting white million the Federal Government spent USING ADULT STEM CELLS blood cells of the immune system), on embryonic stem cell research. ANEMIAS & OTHER BLOOD CONDITIONS myelodysplasia (bone marrow disorder), That is a fair investment. We also Sickle cell anemia, sideroblastic anemia, breast cancer, neuroblastoma (childhood aplastic anemia, red cell aplasia (failure of cancer of the nervous system), renal cell car- spent $472 million in nonembryonic. cinoma (cancer of the kidney), soft tissue What did we get for $136 million in em- red blood cell development), amegakaryocytic thrombocytopeia, thalas- sarcoma (malignant tumor that begins in the bryonic stem cell research? Here is the semia (genetic [inherited] disorders all of muscle, fat, fibrous tissue, blood vessels), folder that contains the human clinical which involve underproduction of hemo- various solid tumors, Waldenstrom’s trials of embryonic stem cell research globin), primary amyloidosis (a disorder of macroglobulinemia (type of lymphoma), in humans, treating and healing hu- plasma cells), diamond blackfan anemia, hemophagocytic lymphohistiocytosis, mans. This is the list of research re- Fanconi’s anemia, chronic Epstein-Barr in- POEMS syndrome (osteosclerotic myeloma), sults we have from a nearly $40 million fection (similar to mono) myelofibrosis Federal investment last year of human AUTO-IMMUNE DISEASES CARDIOVASCULAR clinical trials with embryonic stem Systemic lupus (auto-immune condition Acute heart damage, chronic coronary ar- cell research. This is research where a that can affect skin, heart, lungs, kidneys, tery disease young, embryonic human life is de- joints, and nervous system), Sjogren’s syn- IMMUNODEFICIENCIES drome (autoimmune disease w/symptoms Severe combined immunodeficiency syn- stroyed and stem cells harvested and similar to arthritis), myasthenia (an auto- drome, X-linked lymphoproliferative syn- taken out and applied. immune neuromuscular disorder), auto- drome, X-linked hyper immunoglobulin M I note that this folder is empty. This immune cytopenia, scleromyxedema (skin syndrome is the list of research results we have condition), scleroderma (skin disorder), from embryonic stem cell research on Crohn’s disease (chronic inflammatory dis- LIVER DISEASE humans. ease of the intestines), Behcet’s disease, Chronic liver failure We also invested in adult and cord rheumatoid arthritis, juvenile arthritis, NEURAL DEGENERATIVE DISEASES & INJURIES multiple sclerosis, polychondritis (chronic blood stem cell research. The cord be- Parkinson’s disease, spinal cord injury, disorder of the cartilage), systemic vascu- stroke damage tween the mother and child is rich in litis (inflammation of the blood vessels), alo- stem cells that can be used in a lot of pecia universalis, Buerger’s disease (limb OCULAR treatment areas, along with adult stem vessel constriction, inflammation) Corneal regeneration cells. You have stem cells in your body CANCERS WOUNDS & INJURIES and I have them in my mine. They are Brain tumors—medulloblastoma and Limb gangrene, surface wound healing, akin to a repair kit. glioma, retinoblastoma (cancer), ovarian jawbone replacement, skull bone repair

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4006 CONGRESSIONAL RECORD — SENATE May 4, 2006 OTHER METABOLIC DISORDERS Heart: Adult stem cells may inhibit remod- Every one of those stages involves en- Sandhoff disease (hereditary genetic dis- eling and make the heart pump better and ergy, drives energy and drives prices. order), Hurler’s syndrome (hereditary ge- more efficiently. Researchers in Pittsburgh It seems to me we are concerned netic disorder), osteogenesis imperfecta have shown that adding a patient’s adult about the traffic around Washington, (bone/cartilage disorder), Krabbe stem cells along with bypass surgery can give significant improvement for those with DC, trying to get into work. I could leukodystrophy (hereditary genetic dis- take care of the gas prices and the traf- order), osteopetrosis (genetic bone disorder), chronic heart failure. Ten patients treated cerebral X-linked adrenoleukodystrophy with their own bone marrow adult stem cells fic all in one fell swoop. All we have to improved well beyond patients who had only do is pass a law that you cannot cross ADULT & NON-EMBRYONIC standard bypass surgery. In addition, sci- the 14th Street bridge with a car that STEM CELL RESEARCH entists in Arkansas and Boston administered is not paid for. That would help a lot. ADVANCES & UPDATES FOR APRIL 2006 the protein G–CSF to advanced heart failure There would be a lot of folks finding Highlight of the Month—Stem Cell Hope patients, to activate the patients’ bone mar- other means. for Liver Patients: British doctors reported row adult stem cells, and found significant This has been a wakeup call to all in treatment of 5 patients with liver failure heart improvement 9 months after the treat- with the patients’ own adult stem cells. Four ment.—Journal of Thoracic and Cardio- this country. We are dealing with a of the 5 patients showed improvement, and 2 vascular Surgery, Dec, 2005; American Jour- worldwide commodity that is driven by patients regained near normal liver function. nal of Cardiology, Mar., 2006 emerging economies as well as our own The authors noted: ‘‘Liver transplantation is Stroke: Mobilizing adult stem cells helps demand for transportation fuels. The the only current therapeutic modality for stroke patients—Researchers in Taiwan have demand has outstripped our ability to liver failure but it is available to only a shown that mobilizing a stroke patient’s move crude, natural gas or coal to the small proportion of patients due to the bone marrow adult stem cells can improve processing plants and refineries. shortage of organ donors. Adult stem cell recovery. Seven stroke patients were given I tell my colleagues that in Montana therapy could solve the problem of degenera- injections of a protein—G–CSF—that encour- tive disorders, including liver disease, in ages bone marrow stem cells to leave the we are producing more oil than in the which organ transplantation is inappropriate marrow and enter the bloodstream. From history of our State. Yet we cannot get or there is a shortage of organ donors.’’— there, they home in on damaged brain tissue it on a pipeline because we have not Stem Cells Express, Mar. 30, 2006 and stimulate repair. The 7 patients showed built a pipeline for quite a while. We ADVANCES IN HUMAN TREATMENTS USING ADULT significantly greater improvement after have also not built a new refinery in STEM CELLS stroke than patients receiving standard this country for over 30 years. There Buerger’s Disease: Scientists in Korea care.—Canadian Medical Association Journal are a variety of reasons, the majority using adult stem cell treatments showed sig- Mar. 3, 2006 of which is the ability to permit and to nificant improvement in the limbs of pa- Mr. BROWNBACK. What did we get site a plant. So we find ourselves not tients with Buerger’s disease, where blood for our research investment in adult being able to produce enough product vessels are blocked and inflamed, eventually and cord blood in human clinical for the market. Anybody who took eco- leading to tissue destruction and gangrene in trials? This is the folder—it is getting nomics 101 will tell you, when demand the limb. Out of 27 patients there was a 79% heavy—of what we have discovered in positive response rate and improvement in outstrips production, then you are the limbs, including the healing of pre- human clinical trials with adult and going to have the price go up. viously non-healing ulcers.—Stem Cells Ex- cord blood stem cell research; real peo- Now, I would imagine this will drive press, Jan. 26, 2006 ple being treated for real diseases such us in another direction. It will drive us Bladder Disease: Doctors at Wake Forest as bladder disease, lupus, cancer, heart, in the direction of alternative fuels constructed new bladders for 7 patients with strokes, immunodeficiency areas, liver and, of course, renewable energy. No bladder disease, using the patients’ own pro- disease, neuro degenerative diseases, other administration in our Govern- genitor cells grown on an artificial frame- ocular, wounds and injuries, auto- ment’s history has spent more money work in the laboratory. When implanted immune diseases, anemias and other back into the patients, the tissue-engineered on research as far as alternatives and bladders appeared to function normally and blood conditions, metabolic disorders, renewables. We are on the cusp of cel- improved the patients’ conditions. ‘‘This 69 human diseases being treated with lulosic ethanol, which helps my State. suggests that tissue engineering may one adult and cord blood stem cells. Also in this business of alternative day be a solution to the shortage of donor or- For my money on this, I would rather fuels is biodiesel, which will be one of gans in this country for those needing trans- treat people—get real human treat- the great renewables. Coal to liquids or plants,’’ said Dr. Anthony Atala, the lead re- ments—than in this area of embryonic coal to diesel will also be one of our searcher.—The Lancet, Apr. 4, 2006; reported stem cell research where we are getting great fuels. This technology is as old as by the AP, Apr. 4, 2006 Lupus: Adult Stem Cell Transplant Offers no cures. We are seeing a lot of cancer World War II. Since then it has been re- Promise for Severe Lupus—Dr. Richard Burt cells growing out of the embryonic fined and affords another source for de- of Northwestern Memorial Hospital is pio- stem cell areas and treatments. veloping resources where we have great neering new research that uses a patient’s Let’s go for what is real. And let’s do deposits of coal. In Montana we are the own adult stem cells to treat extremely se- what is real. I further note, as I close, ‘‘Saudi Arabia’’ of coal and we have the vere cases of lupus and other autoimmune there is no prohibition in this country process and technology to easily get diseases such as multiple sclerosis and rheu- on embryonic stem cell research. None. this done. matoid arthritis. In a recent study of 50 pa- No prohibitions. Yet why do the pri- Now, if we can do that, and we can tients with lupus, the treatment with the pa- tients’ adult stem cells resulted in stabiliza- vate companies not go into funding also increase farm income, and solve tion of the disease or even improvement of more embryonic stem cell research? It the problem of being dependent on for- previous organ damage, and greatly in- is because they are getting no results eign oil, who can oppose that? creased survival of patients. ‘‘We bring the with embryonic stem cells. Nothing is Does that give us relief in the near patient in, and we give them chemo to de- happening results wise. Let’s invest term? No, it does not. There is nothing stroy their immune system,’’ Dr. Burt said. our money in adult stem cell research the Government or anybody else can do ‘‘And then right after the chemotherapy, we where we can actually treat people. in the near term to prevent these kinds infuse the stems cells to make a brand-new That is important. of spikes in a time of high demand. immune system.’’—ABC News, Apr. 11, 2006; So we will say that necessity is the Journal of the American Medical Assn, Feb. I yield the floor. 1, 2006 f mother of invention. We will be forced to drive less, to drive slower. We will Cancer: Bush policy may help cure can- GASOLINE cer—‘‘Unlike embryonic stem cells . . . can- not jump in our car and go down and cer stem cells are mutated forms of adult Mr. BURNS. Mr. President, there has buy a loaf of bread. The trip has to be stem cells. . . . Interest in the [adult stem been a lot of concern around the coun- necessary. And you will probably have cell] field is growing rapidly, thanks in part, try about the escalating fuel prices. a little sticker in the middle of your paradoxically, to President George W. Bush’s Americans get concerned whenever we steering wheel saying: Is this trip nec- restrictions on embryonic-stem-cell re- see spikes in energy costs. No one is search. Some of the federal funds that might essary? The necessity will also drive us otherwise have gone to embryonic stem cells more concerned than we are in agri- to alternatives and other ways of could be finding their way into cancer culture. We have a unique situation in powering our car. [adult]-stem-cell studies.’’—Time: Stem agriculture. We sell wholesale, buy re- The demand for oil seems little af- Cells that Kill, Apr. 17, 2006 tail, and pay the freight both ways. fected by high prices. If it doesn’t

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4007 change our behaviors, then it is wrong Pending: fact that 78 percent of all U.S. counties to say prices are too high. Maybe we do Thune amendment No. 3704, to provide, were designated as primary or contig- not like it, but we all like to sell our with an offset, $20,000,000 for the Department uous disaster areas by the Secretary of product for as much as we can get for of Veterans Affairs for Medical Facilities. Agriculture or the President in 2005. He it. And that is how the market actu- Vitter/Landrieu modified amendment No. did not request a dime for compen- ally works and sometimes it becomes 3728, to provide for flood prevention in the sating potential victims of pandemic State of Louisiana, with an offset. very painful. influenza vaccines. The President’s re- No, it is not good. It is not good for The PRESIDING OFFICER (Mr. EN- quest for Katrina victims is inadequate my agriculture because that affects the SIGN). Under the previous order, the and leaves critical gaps in housing and price you are going to pay for food in Senator from Mississippi, Mr. COCHRAN, education. the grocery store. There is no part of and the Senator from West Virginia, The Senate recognized the weak- our economy that is not affected by Mr. BYRD, will be recognized for up to nesses of the President’s request in what we are experiencing in this coun- 10 minutes each. these areas and judiciously added try right now. The Chair recognizes the Senator funds. When the bill is in conference, I But Americans have imagination. from West Virginia. will urge the conferees to approve They have great ingenuity. And I am Mr. BYRD. Mr. President, I thank these items. You bet. the Chair. satisfied we will take this little spike The conferees should send to the in the market and make good use of it I thank the distinguished and very able chairman of the Senate Appropria- President a bill that meets the needs of and start using our brains to power this country. That is our duty. If the America. tions Committee, Mr. COCHRAN, for all of his hard work on this bill. He has President wants to veto a bill that If anybody thinks if you beat up on funds the troops, if he wants to veto a the companies—beat up all you want worked hard. He has again proved him- self to be a very able chairman, very bill that funds victims of Hurricane to—but part of the problem lies within Katrina, if he wants to veto a bill that this body because we have said ‘‘no’’— knowledgeable of the contents of the bill. provides critical resources for com- resoundingly no—to a multitude of pro- bating a potential avian flu, if he grams and projects that could have The President has asked the Congress to approve over $92 billion of emer- wants to veto a bill that secures our partly prevented this. borders and our ports and helps our Mr. President, I yield the floor. gency spending—man, that is a lot of money; $92 billion of emergency spend- farmers to recover from disaster and Mr. COCHRAN. Mr. President, I sug- makes our coal mines safer, have at it, gest the absence of a quorum. ing—including $72.5 billion for the wars in Iraq and Afghanistan and $19.8 bil- have at it. That is his right under the The PRESIDING OFFICER. The Constitution. But the Congress should clerk will call the roll. lion for the Federal response to the ter- rible hurricanes that struck the Gulf not be bullied by the President into ne- The bill clerk proceeded to call the glecting its responsibility, our respon- roll. States in August and September of 2005. sibility, to provide required funds to Mr. COCHRAN. Mr. President, I ask meet priority national needs. unanimous consent that the order for The Appropriations Committee held several hearings on the request, and we Because my State of West Virginia is the quorum call be rescinded. often hit by floods and other damaging The PRESIDING OFFICER. Without have now debated the bill for nearly 2 weeks. It is a good bill. It is a good bill. disasters, such as the recent accidents objection, it is so ordered. in our coal mines, I am quite sensitive Mr. COCHRAN. Mr. President, what I am proud to recommend it to the Senate. to the ability of our Federal Govern- is the regular order? ment to prepare for—and respond to— The PRESIDING OFFICER. There is But, regrettably, the President has threatened to veto the bill based on his disasters promptly and with com- 1 minute remaining in morning busi- petence, which is what our citizens ness, at which time it will end and we assertion that it is too expensive. In a Statement of Administration Policy need and what our citizens deserve. will proceed under the regular order. Sadly, many of our Federal agencies Mr. COCHRAN. I suggest the absence that has been made a part of the RECORD, the administration threatens are no longer up to these fundamental of a quorum. tasks. But this bill includes resources The PRESIDING OFFICER. The that the President will veto the bill if it exceeds $94.5 billion. OK. Have at it. to help Federal agencies restore their clerk will call the roll. capabilities. The bill clerk proceeded to call the Have at it, Mr. President. Currently, the bill totals $108.9 billion. The Presi- I am especially grateful to and I espe- roll. cially thank the chairman for includ- Mr. BYRD. Mr. President, I ask unan- dent complains that the Senate has added funding for purposes other than ing, at my request and the request of imous consent that the order for the others, an amount of $35.6 million for quorum call be rescinded. the wars in Iraq and Afghanistan and for assisting the victims of Hurricanes improved mine safety and health pro- The PRESIDING OFFICER. Without grams. In the wake of 18 coal-mining objection, it is so ordered. Katrina and Rita. Nowhere—nowhere—is it written in deaths in the State of West Virginia f stone, nowhere is it etched in brass, on this year—18 coal-mining deaths in the CONCLUSION OF MORNING golden pillars, that this supplemental— State of West Virginia this year—and BUSINESS which is likely to be the only supple- another 16 mining deaths in other States, it is imperative that the Con- The PRESIDING OFFICER. Morning mental considered for this fiscal year— gress act immediately to ensure that business is closed. has to be limited to the costs of the war and Hurricane Katrina. Nor is it an adequate number of safety inspec- f etched in stone that the Congress must tors will be provided for our Nation’s MAKING EMERGENCY SUPPLE- approve a bill that is below $94.5 bil- mines and to expedite the introduction MENTAL APPROPRIATIONS FOR lion. of critical safety equipment. THE FISCAL YEAR ENDING SEP- The Senate has added funding for a This week, we have heard testimony TEMBER 30, 2006 number of critical programs. Despite from the families of those killed in the The PRESIDING OFFICER. Under the administration’s rhetoric about se- Sago explosion in January. We have the previous order, the Senate will re- curing our borders and providing a lay- heard from the coal operators. We have sume consideration of H.R. 4939, which ered defense of our ports, the President heard from experts. In all of this testi- the clerk will report. did not request a dime—not one thin mony, one truth is clear: Lives can be The assistant legislative clerk read dime—for border security or port secu- saved when the Federal Mine Safety as follows: rity. He did not request a dime for and Health Administration places min- A bill (H.R. 4939) making emergency sup- making the coal mines safer for our ers’ safety and health at the very top plemental appropriations for the fiscal year coal miners. He did not request a dime of its priority list. We must have more ending September 30, 2006, and for other pur- for our farmers who have been hit with inspectors on the job, yes. We must poses. drought and hurricanes, despite the have better rescue teams trained and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4008 CONGRESSIONAL RECORD — SENATE May 4, 2006 equipped and ready to go at a mo- wars in his annual budget, American out how helpful Senator MURRAY has ment’s notice. We must have pre-posi- taxpayers will continue to see billions been in the handling of this legislation. tioned oxygen and emergency supplies of dollars spent without any true meas- She has served at the request of the in our coal mines. And we must have ure of accountability. Senator from West Virginia as the ways to communicate with trapped The Senate has given its strong sup- floor manager during much of the con- miners. It just has to be. We have to do port to this amendment five times, and sideration of this bill and has done a these things. It is simply inexcusable the President continues to disregard truly outstanding job in helping to ex- that our miners have oxygen canisters this direction by the Senate. I hope the plain the provisions of the bill, as re- that last only 1 hour, only 60 minutes, 94-to-0 vote on an amendment that en- ported by the committee, and debating when miners may be trapped under the courages the President to include the amendments and helping guide this ground for several days, or that the full cost of the wars in the budget fi- measure to the point of passage where miners may not have emergency com- nally, finally, finally gets his atten- it is right now. munications equipment that can reach tion. Before yielding the floor to those the surface in the event of an extended I urge adoption of the bill, and I yield who have amendments, let me use the rescue effort. The chairman has my the floor. remainder of my 10 minutes by pre- genuine appreciation for including The PRESIDING OFFICER. The Sen- senting to the Senate some amend- these funds in the committee-reported ator from Mississippi. ments that have been cleared on both Mr. COCHRAN. Mr. President, I first bill. I also thank Senator SPECTER, sides of the aisle. thank very sincerely the distinguished Senator HARKIN, and Senator JAY AMENDMENT NO. 3753 Senator from West Virginia for his ROCKEFELLER for their support of the I ask unanimous consent that it be in good help and assistance, his guidance initiative. order to call up and consider amend- and his leadership in the development The bill before the Senate also in- ment No. 3753 on behalf of Ms. LAN- and passage of this bill. We have been cludes a provision to extend the Aban- DRIEU regarding hurricane disaster-re- called upon, as he points out, to pro- doned Mine Land authority through lated housing assistance. vide emergency supplemental funding fiscal year 2007. The AML Program and The PRESIDING OFFICER. Without for war costs, providing the Depart- combined benefits fund are very impor- objection, it is so ordered. ment of Defense and the Department of tant programs that are needed by re- The clerk will report. State with funding in accounts that The assistant legislative clerk read tired coal miners and their families have been devoted to that cause and as follows: and coalfield communities throughout that effort. It is very important to the The Senator from Mississippi [Mr. COCH- this country. I thank Chairman COCH- protection of the security interests of RAN], for Ms. LANDRIEU, proposes amendment RAN and I thank Senator SPECTER and the people of the United States. So this numbered 3753. I thank Senator DOMENICI for sup- is an important measure we are taking Mr. COCHRAN. Mr. President, I ask porting me in this effort. up today and moving to final passage. unanimous consent that reading of the Finally, the Senate, by a vote of 94 to Under the order that was entered last amendment be dispensed with. 0, approved my amendment encour- evening, there would be 10 minutes al- The PRESIDING OFFICER. Without aging the President to budget for the located to the Senator from West Vir- objection, it is so ordered. cost of the wars in Iraq and Afghani- ginia and to this Senator, and then The amendment is as follows: stan. You can’t fund these wars on the there would be consecutive votes on or (Purpose: To provide project-based housing cheap. Upon passage of this supple- in relation to two amendments, one assistance to repair housing damaged as a mental bill, the total amount appro- which is being offered by the Senator result of Hurricane Katrina and other hur- priated for the war in Iraq, including from South Dakota, Mr. THUNE, the ricanes of the 2005 hurricane season) the cost of reconstruction, will be ap- other by the Senator from Louisiana, On page 198, line 18, strike ‘‘Provided fur- ther, That’’ and all that follows through ‘‘as- proximately $320 billion—that is $3.20 Mr. VITTER, as modified, without inter- sistance:’’ on page 199, line 1, and insert the for every minute since Jesus Christ vening action or debate, and that fol- was born; think of it, that is a stag- following: ‘‘Provided further, That no less lowing those votes, the bill be read a than $100,000,000 shall be made available as gering figure—virtually all of it funded third time and the Senate proceed to a project-based assistance used to support the through ad hoc emergency supple- vote on passage of the bill without in- reconstruction, rebuilding, and repair of as- mental appropriations. And the costs tervening action or debate. So the sisted housing that suffered the con- continue to grow and grow. order provides for no debate today but sequences of Hurricane Katrina and other The President refuses to include a re- just votes on the final two amendments hurricanes of the 2005 season or new struc- alistic estimate of the cost of the wars that have been held for votes now. tures supported under the low income tax in his annual budget request. There have been several other credit program: Provided further, That pre- viously assisted HUD project-based housing The PRESIDING OFFICER. The time amendments which have been cleared, of the Senator has expired. and residents of such housing shall be ac- but I am going to ask unanimous con- corded a preference in the use of such Mr. BYRD. Would the Chair repeat? sent that each Senator who has an project-based assistance, except that such The PRESIDING OFFICER. The Sen- amendment that has not been consid- funds shall be made available for 4,500 ator’s time has expired. ered—Senator THUNE and Senator VIT- project-based vouchers for supportive hous- Mr. BYRD. I ask unanimous consent TER—be given 2 minutes each to de- ing units for persons with disabilities, as to proceed for not to exceed 3 minutes. scribe their amendments and that the that term is defined in section 422(2) of the The PRESIDING OFFICER. Without managers of the bill likewise be given McKinney-Vento Homeless Assistance Act (42 U.S.C. 11382(2)), elderly families, or pre- objection, it is so ordered. 2 minutes each on each amendment, if Mr. BYRD. He continues to rely on viously homeless individuals and families: comments are needed, by the managers Provided further, That the limitation con- ad hoc, poorly justified emergency sup- of the bill. plemental requests that he expects the tained in section 8(o)(13)(B) of the United The PRESIDING OFFICER. Is there States Housing Act of 1937 (42 U.S.C. Congress to rubberstamp. As a result, objection? 1437f(o)(13)(B)) shall not apply to such there is virtually no debate about how Mrs. MURRAY. Mr. President, re- funds:’’ our country is going to pay for these serving the right to object, if I under- The PRESIDING OFFICER. Is there massive bills. Nobody seems to be stand the chairman’s request, it is to further debate on the amendment? If minding the store when it comes to get 4 minutes of additional time on not, the question is on agreeing to controlling the escalating costs of the their side. I ask unanimous consent, amendment No. 3753. wars in Iraq and Afghanistan. The fail- then, for an additional 4 minutes on The amendment (No. 3753) was agreed ure of the President to heed the re- our side for comment only. to. peated calls by the Senate to budget Mr. COCHRAN. I have no objection to Mr. COCHRAN. Mr. President, I move for the wars in Iraq and Afghanistan that. to reconsider the vote. has resulted in more unnecessary The PRESIDING OFFICER. Without Mrs. MURRAY. I move to lay that spending that is hidden from public objection, it is so ordered. motion on the table. view. Until the President begins to in- Mr. COCHRAN. I thank the Senator The motion to lay on the table was clude a real estimate of the cost of the for her comments. Let me also point agreed to.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4009 AMENDMENT NO. 3677 home-ported or located within the declared Labor-HHS bill included funding for Mr. COCHRAN. I ask unanimous con- fisheries disaster area.’’ West Virginia University for construc- sent that it be in order to call up and AMENDMENT NO. 3819, AS MODIFIED tion of the neurosciences building. The consider amendment No. 3677 on behalf Mr. COCHRAN. Mr. President, a HHS grant documents sent to the uni- of Mr. VOINOVICH regarding Ricken- modification has been sent to the desk. versity mistakenly stated that the backer Airport in Ohio. The PRESIDING OFFICER. Is there funds would be available until Sep- The PRESIDING OFFICER. Without objection to the modification? tember 30, 2009, and that was incorrect. objection, it is so ordered. The amendment is so modified. The money is expiring on The clerk will report. The amendment (No. 3819), as modi- September 30, 2006. This amendment The assistant legislative clerk read fied, is as follows: would make the funds available con- as follows: (Purpose: To provide hurricane assistance to sistent with the grant documents. The Senator from Mississippi [Mr. COCH- certain holders of fishery finance program Mr. COCHRAN. Mr. President, I urge RAN], for Mr. VOINOVICH, proposes an amend- loans) adoption of the amendment. ment numbered 3677. On page 140, strike from line 8 ‘‘$10,000,000’’ The PRESIDING OFFICER. Is there Mr. COCHRAN. I ask unanimous con- through line 16 ‘‘50,000,000’’, and insert in its further debate on the amendment? sent that reading of the amendment be place on page 140, line 8, after ‘‘appro- If not, the question is on agreeing to dispensed with. priated’’ the following: ‘‘$66 million shall be the amendment. provided for the fishery finance program The amendment (No. 3860) was agreed The PRESIDING OFFICER. Without loans under title XI of the Merchant Marine objection, it is so ordered. Act, 1936, (46 U.S.C. App. 1271 et seq.) to sat- to. The amendment is as follows: isfy loan obligations for loans used to make Mr. COCHRAN. Mr. President, I move (Purpose: To make a technical correction to expenditures, guarantee or finance to repair, to reconsider the vote. a project for Rickenbacker Airport, Colum- replace or restore fisheries infrastructure, Mrs. MURRAY. I move to lay that bus, Ohio) vessels, facilities, or fish processing facilities motion on the table. On page 253, between lines 19 and 20, insert home-ported or located within the declared The motion to lay on the table was the following: fisheries disaster area: Provided further, That agreed to. of the total amount appropriated, RICKENBACKER AIRPORT, COLUMBUS, OHIO $14,000,000’’. AMENDMENT NO. 3592 SEC. llll. The project numbered 4651 in Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. If there section 1702 of the Safe, Accountable, Flexi- unanimous consent that it be in order is no further debate, the question is on ble, Efficient Transportation Equity Act: A to call up and consider amendment No. Legacy for Users (119 Stat. 1434) is amended agreeing to the amendment, as modi- 3592 on behalf of Mr. REED regarding by striking ‘‘Grading, paving’’ and all that fied. Fox Point Hurricane Barrier, RI. follows through ‘‘Airport’’ and inserting The amendment (No. 3819), as modi- The PRESIDING OFFICER. Is there ‘‘Grading, paving, roads, and the transfer of fied, was agreed to. rail-to-truck for the intermodal facility at Mr. COCHRAN. I move to reconsider objection? Rickenbacker Airport, Columbus, OH’’. the vote. Without objection, the clerk will re- The PRESIDING OFFICER. The Mrs. MURRAY. I move to lay that port. question is on agreeing to the amend- motion on the table. The assistant legislative clerk read ment. The motion to lay on the table was as follows: The amendment (No. 3677) was agreed agreed to. The Senator from Mississippi [Mr. COCH- to. RAN], for Mr. REED, proposes amendment AMENDMENT NO. 3860 numbered 3592. Mr. COCHRAN. I move to reconsider Mr. COCHRAN. Mr. President, I ask Mr. COCHRAN. I ask unanimous con- the vote. unanimous consent that it be in order sent that further reading of the amend- Mrs. MURRAY. I move to lay that to call up and consider an amendment motion on the table. ment be dispensed with. on behalf of Mr. BYRD regarding the The motion to lay on the table was The PRESIDING OFFICER. Without availability of previously appropriated agreed to. objection, it is so ordered. funds to the Health Resources and The amendment is as follows: AMENDMENT NO. 3819 Services Administration. The amend- Mr. COCHRAN. Mr. President, I ask ment has been sent to the desk. (Purpose: To provide emergency funding to unanimous consent that it be in order upgrade the Fox Point hurricane barrier in The PRESIDING OFFICER. Is there Providence, Rhode Island) to call up and consider amendment No. objection? Without objection, the clerk 3819 on behalf of Mr. VITTER regarding On page 162, between lines 12 and 13, insert will report. the following: fishery finance program loans. The assistant legislative clerk read FOX POINT HURRICANE BARRIER The PRESIDING OFFICER. Is there as follows: objection? Without objection, it is so For an additional amount for the Sec- The Senator from Mississippi [Mr. COCH- retary of the Army, acting through the Chief ordered. RAN], for Mr. BYRD, proposes amendment The clerk will report. of Engineers, for use in upgrading the numbered 3860. electro-mechanical control system of the The assistant legislative clerk read Mr. COCHRAN. Mr. President, I ask Fox Point hurricane barrier in Providence, as follows: unanimous consent that further read- Rhode Island, $1,055,000, to remain available The Senator from Mississippi [Mr. COCH- ing of the amendment be dispensed until expended: Provided, That the amount RAN], for Mr. VITTER, proposes amendment with. provided under this heading is designated as numbered 3819. The PRESIDING OFFICER. Without an emergency requirement pursuant to sec- tion 402 of H. Con. Res. 95 (109th Congress). Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. unanimous consent that further read- The amendment is as follows: Mr. REED. Mr. President, two impor- ing of the amendment be dispensed tant lessons we learned from Hurricane (Purpose: To extend the availability of cer- with. tain funds appropriated in Public Law 106– Katrina are that our Nation’s infra- THE PRESIDING OFFICER. Without 554) structure to protect Americans from objection, it is so ordered. At the appropriate place, insert the fol- flooding and hurricanes is inadequate The amendment is as follows: lowing: Provided further, that unexpended and upfront investment in this infra- On page 140, strike from line 8 ‘‘$10,000,000’’ balances for Health Resources and Services structure can save lives and is a sound through line 15 ‘‘years:’’, and insert in its Administration grant number 7C6HF03601–01– investment of taxpayers’ money in place on page 140, line 8, after ‘‘appro- 00, appropriated in P.L. 106–554, shall remain order to prevent costly reconstruction. priated’’ the following: ‘‘$30 million shall be available until expended. The Fox Point Hurricane Barrier in provided for the fishery finance program The PRESIDING OFFICER. The Sen- Providence, RI protects the city and loans under title XI of the Merchant Marine ator from West Virginia is recognized. adjoining communities from the cata- Act, 1936, (46 U.S.C. App. 1271 et seq.) to sat- isfy loan obligations for loans used to make Mr. BYRD. Mr. President, this is a strophic effects of hurricane storm expenditures, guarantee or finance to repair, technical amendment. It costs no addi- surge in Narragansett Bay and tor- replace or restore fisheries infrastructure, tional funds. It simply fixes a mistake rential rains with the Providence River vessels, facilities, or fish processing facilities in a grant notice. The fiscal year 2001 basin. Built in the 1960s, as a joint

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4010 CONGRESSIONAL RECORD — SENATE May 4, 2006 flood control project by the city and Water Resources Development Act, and (Purpose: To direct the Secretary of the the Army Corps of Engineers, the bar- the Federal Government should fulfill Army to assume responsibility for the an- rier employs three 35-foot high gates, its obligation to provide a safe, struc- nual operation and maintenance of the Fox an electrically driven pumping station, tural sound barrier that operates when Point Hurricane Barrier, Providence, Rhode Island) and dikes to protect tens of thousands necessary. For this reason, I filed an of people and approximately $5 billion On page 253, between lines 19 and 20, insert amendment to the supplemental appro- the following: worth of property. The hurricane bar- priations bill, H.R. 4939, to provide FOX POINT HURRICANE BARRIER, PROVIDENCE, rier is a one-half mile long structure $1,055,000 to complete upgrades to the RHODE ISLAND that extends from Allens Avenue to Fox Point Hurricane Barrier. I am SEC. 7lll. (a) In this section: India Point Park. It was the first pleased that the Senate accepted my (1) The term ‘‘Barrier’’ means the Fox structure of its type in the United amendment for this funding. Senator Point Hurricane Barrier, Providence, Rhode States to be approved for construction. CHAFEE and I also sponsored an amend- Island. The Hurricane of 1938 and Hurricane ment to the bill to turn over responsi- (2) The term ‘‘City’’ means the city of Carol in 1954 devastated communities bility for the annual operations and Providence, Rhode Island. in Rhode Island. The Hurricane of 1938 maintenance of the hurricane barrier (3) The term ‘‘Secretary’’ means the Sec- generated a storm surge of 16 feet that to the Army Corps of Engineers. I am retary of the Army, acting through the Chief traveled up Narragansett Bay and of Engineers. glad that the Senate also decided to ac- (b) Not later than 2 years after the date of flooded downtown Providence under 10 cept this amendment. I will work with enactment of this Act, the Secretary shall feet of water. Two hundred and seven my colleagues to maintain these assume responsibility for the annual oper- Rhode Islanders were killed, and dam- amendments as this bill moves through ation and maintenance of the Barrier. age totaled $125 million—more than $1 conference. (c)(1) The City, in coordination with the billion in today’s dollars. Hurricane Secretary, shall identify any land and struc- AMENDMENT NO. 3592, AS MODIFIED Carol in 1954 flooded Providence, leav- tures required for the continued operation ing the city under 8 feet of water and Mr. COCHRAN. Mr. President, a and maintenance, repair, replacement, reha- modification has been sent to the desk. bilitation, and structural integrity of the destroying 4,000 houses. Barrier. The Corps and city built the Fox The PRESIDING OFFICER. Is there (2) The City shall convey to the Secretary, Point Hurricane Barrier to keep a objection to the modification? by quitclaim deed and without consider- storm surge from flowing into down- The amendment is so modified. ation, all rights, title, and interests of the town Providence. Since its construc- The amendment (No. 3592), as modi- City in and to the land and structures identi- tion, sea levels have risen 9 to 10 fied, was agreed to. fied under paragraph (1). inches. In addition, Rhode Island has (d) There are authorized to be appropriated On page 253, between lines 19 and 20, insert to the Secretary such funds as are necessary lost wetlands and tidal flats that could the following: for each fiscal year to operate and maintain help mitigate a storm surge. According SEC. . FOX POINT HURRICANE BARRIER. the Barrier (including repair, replacement, to Jon Boothroyd, a geologist at the The Secretary of the Army, acting through and rehabilitation). University of Rhode Island, the filled the Chief of Engineers, for use in upgrading The PRESIDING OFFICER. Is there land will force water into a narrower the electro-mechanical control system of the further debate? area, causing a higher storm surge. The Fox Point hurricane barrier in Providence, If not, the question is on agreeing to loss of marshes and fields behind the Rhode Island, $1,055,000, to remain available the amendment. barrier will further exacerbate the until expended: from within available funds The amendment (No. 3729) was agreed problem as water could also move fast- of ‘‘OPERATIONS AND MAINTENANCE’’ to. er downstream to the barrier. For under the heading ‘‘CORPS OF ENGINEER: Mr. COCHRAN. I move to reconsider these reasons, it is imperative that the CIVIL’’ of Title I of the Energy and Water De- velopment Act, 2006 (Public Law 109–103). the vote. barrier and pumps work if and when Mrs. MURRAY. I move to lay that they are needed. The PRESIDING OFFICER. Is there motion on the table. In recent years, the Army Corps of further debate? The motion to lay on the table was Engineers and the city of Providence If not, the question is on agreeing to agreed to. have evaluated the barrier and deter- the amendment. AMENDMENT NO. 3761 mined that the electromechanical con- The amendment (No. 3592), as modi- Mr. COCHRAN. Mr. President, I ask trol system for the barrier’s pumps fied, was agreed to. unanimous consent that it be in order must be replaced. The Corps has re- Mr. COCHRAN. I move to reconsider to call up and consider amendment No. ported that during several inspections, the vote. 3761 on behalf of Mr. BAUCUS regarding the pump motors have occasionally Mrs. MURRAY. I move to lay that transportation contract authority. failed to start because of faulty relays motion on the table. The PRESIDING OFFICER. Is there or other related electrical problems. In objection? The motion to lay on the table was a letter dated December 7, 2003, Rich- Without objection, the clerk will re- agreed to. ard C. Carlson with the New England port. Director of the Army Corps of Engi- AMENDMENT NO. 3729 The assistant legislative clerk read neers stated that ‘‘During the past sev- Mr. COCHRAN. Mr. President, I ask as follows: eral inspections the pump motors have unanimous consent that it be in order The Senator from Mississippi [Mr. COCH- occasionally failed to start because of to call up and consider amendment No. RAN], for Mr. BAUCUS, proposes amendment faulty relays or other electrically re- 3729 on behalf of Mr. CHAFEE regarding numbered 3761. lated problems. This is symptomatic of Fox Point Hurricane Barrier, RI. Mr. COCHRAN. I ask unanimous con- the age and condition of the electrical The PRESIDING OFFICER. Is there sent that further reading of the amend- components, most of which are origi- objection? ment be dispensed with. nal.’’ The electromechanical control Without objection, the clerk will re- The PRESIDING OFFICER. Without system has been in service for 40 years, port. objection, it is so ordered. The amendment is as follows: and due to its age repair parts are The assistant legislative clerk read On page 253, between lines 19 and 20, insert nearly impossible to obtain. as follows: We have been lucky as New England the following: has not had a strong hurricane in 50 The Senator from Mississippi [Mr. COCH- CONTRACT AUTHORITY RAN], for Mr. CHAFEE, proposes an amend- years, but that could mean that our SEC. 70ll. (a) Section 1940 of the Safe, Ac- ment numbered 3729. luck is running out. The city and I are countable, Flexible, Efficient Transportation concerned that failure of the system Mr. COCHRAN. I ask unanimous con- Equity Act: A Legacy for Users (Public Law during an actual storm could result in sent that further reading of the amend- 109–59; 119 Stat. 1511) is amended— ment be dispensed with. (1) in subsection (a)— the flooding of Providence’s downtown (A) by striking paragraph (1); business district and thousands of resi- The PRESIDING OFFICER. Without (B) by redesignating paragraphs (2) dences. The Fox Point Hurricane Bar- objection, it is so ordered. through (5) as paragraphs (1) through (4), re- rier is a project authorized by the The amendment is as follows: spectively; and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4011

(C) by striking ‘‘$10,000,000’’ each place SIGN REPAIR OR REPLACEMENT surrounding areas; of the funds appropriated that it appears and inserting ‘‘$12,500,000’’; SEC. Notwithstanding part 750 of title 23, under this heading, $200,000,000 shall be used and Code of Federal Regulations (or a successor for section 2401; $530,000,000 shall be used to (2) by adding at the end the following: regulation), if permitted by state law, a non- modify the 17th Street, Orleans Avenue, and ‘‘(c) CONTRACT AUTHORITY.—Except as oth- conforming sign that is or has been damaged, London Avenue drainage canals and install erwise provided in this section, funds author- destroyed, abandoned, or discontinued as a pumps and closure structures at or near the ized to be appropriated under this section result of a hurricane that is determined to be lakefront; $250,000,000 shall be used for shall be available for obligation in the same an act of God (as defined by state law) may storm-proofing interior pump stations to en- manner as if the funds were apportioned be repaired, replaced, or reconstructed if the sure the operability of the stations during hurricanes, storms, and high water events; under chapter 1 of title 23, United States replacement sign has the same dimensions as $170,000,000 shall be used for armoring crit- Code.’’. the original sign, and said sign is located ical elements of the New Orleans hurricane (b) Of the unobligated balances of funds ap- within a state found within FEMA Region IV and storm damage reduction system; portioned to each State under chapter 1 of or VI. The provisions of this section shall $350,000,000 shall be used to improve protec- title 23, United States Code, $50,000,000 is re- cease to be in effect thirty-six months fol- scinded. tion at the Inner Harbor Navigation Canal; lowing the date of enactment of this Act. $215,000,000 shall be used to replace or modify Mr. COCHRAN. I ask unanimous con- The PRESIDING OFFICER. Is there certain non-Federal levees in Plaquemines sent that Senator BURNS be added as a further debate? Parish to incorporate the levees into the ex- cosponsor of that amendment. If not, the question is on agreeing to isting New Orleans to Venice hurricane pro- The PRESIDING OFFICER. Without the amendment. tection project; and $1,584,000,000 shall be objection, it is so ordered. The amendment (No. 3805), as modi- used for reinforcing or replacing flood walls, as necessary, in the existing Lake Pont- Mr. COCHRAN. I thank the Chair. fied, was agreed to. The PRESIDING OFFICER. Is there chartrain and vicinity project and the exist- Mr. COCHRAN. I move to reconsider ing West Bank and vicinity project to im- further debate on the amendment? the vote. prove the performance of the systems: Pro- The question is on agreeing to the Mrs. MURRAY. I move to lay that vided further, That any project using funds amendment. motion on the table. appropriated under this heading shall be ini- The amendment (No. 3761) was agreed The motion to lay on the table was tiated only after non-Federal interests have to. agreed to. entered into binding agreements with the Mr. COCHRAN. I move to reconsider Mr. COCHRAN. Mr. President, that Secretary to pay 100 percent of the oper- the vote. ation, maintenance, repair, replacement, and concludes the requests for consider- rehabilitation costs of the project and to Mrs. MURRAY. I move to lay that ation of amendments by the Chair. motion on the table. hold and save the United States free from There are two remaining amendments damages due to the construction or oper- The motion to lay on the table was to be considered, one by Senator THUNE ation and maintenance of the project, except agreed to. and one by Senator VITTER. I am happy for damages due to the fault or negligence of AMENDMENT NO. 3805 to yield the floor to them to describe the United States or its contractors: Pro- Mr. COCHRAN. Finally, I ask unani- their amendments. I will have a com- vided further, That the amount provided under this heading is designated as an emer- mous consent that it be in order to call ment about Mr. THUNE’s amendment. It up and consider amendment No. 3805 on gency requirement pursuant to section 402 of is my hope that we can adopt the Vit- H. Con. Res. 95 (109th Congress), the concur- behalf of Mr. BENNETT regarding sign ter amendment on a voice vote. I know rent resolution on the budget for fiscal year repair and replacement. of no objection to it. The Thune 2006. The PRESIDING OFFICER. Is there amendment does have objections and For an additional amount for ‘‘Flood Con- objection? will require a recorded vote. So that is trol and Coastal Emergencies’’, as authorized Without objection, the clerk will re- by section 5 of the Act of August 18, 1941 (33 for the information of Senators. U.S.C. 701n), for necessary expenses relating port. I yield the floor. The assistant legislative clerk read to those hurricanes and other disasters, The PRESIDING OFFICER. The Sen- $17,500,000, to remain available until ex- as follows: ator from Louisiana is recognized. pended: Provided, That the amount provided The Senator from Mississippi [Mr. COCH- AMENDMENT NO. 3728, AS MODIFIED under this heading is designated as an emer- RAN], for Mr. BENNETT, proposes an amend- Mr. VITTER. Mr. President, I ask gency requirement pursuant to section 402 of ment numbered 3805. H. Con. Res. 95 (109th Congress), the concur- unanimous consent to call up amend- rent resolution on the budget for fiscal year Mr. COCHRAN. I ask unanimous con- ment No. 3728, as modified, for consid- sent that further reading of the amend- 2006: Provided further, That the Secretary, eration. acting through the Chief of Engineers, is di- ment be dispensed with. The PRESIDING OFFICER. The rected to use funds appropriated under this The PRESIDING OFFICER. Without amendment is now pending. heading for the restoration of funds for hur- objection, it is so ordered. AMENDMENT NO. 3728, AS FURTHER MODIFIED ricane-damaged projects in the State of The amendment is as follows: Pennsylvania: Provided further, That the Mr. VITTER. Mr. President, I ask (Purpose: To allow nonconforming signs amount shall be available for the projects damaged by an act of God to be repaired or unanimous consent that this amend- identified above and only to the extent that replaced under certain conditions) ment be further modified to reflect the an official budget request for a specific dol- At the appropriate place insert the fol- changes which have been submitted to lar amount, including a designation of the lowing: the desk. entire amount of the request as an emer- The PRESIDING OFFICER. Is there gency requirement, is transmitted by the SIGN REPAIR OR REPLACEMENT objection to the modification? The President to Congress. SEC. ll. Notwithstanding part 750 of title GENERAL PROVISIONS—THIS CHAPTER 23, Code of Federal Regulations (or a suc- amendment is so further modified. FLOOD PROTECTION, LOUISIANA cessor regulation), if permitted by State law, (The amendment (No. 3728), as fur- SEC. 2401.(a) There shall be made available a nonconforming sign that is damaged, de- ther modified, is as follows: $200,000,000 for the Secretary of the Army stroyed, abandoned, or discontinued as a re- Strike line 22, page 160 through line 23 on (referred to in this section as the ‘‘Sec- sult of an act of God (as defined by State page 165 and insert: retary’’) to provide, at full Federal expense— law) may be repaired, replaced, or recon- FLOOD CONTROL AND COASTAL EMERGENCIES (1) removal of the existing pumping sta- structed if the replacement sign has the For an additional amount for ‘‘Flood Con- tions on the 3 interior drainage canals in Jef- same dimensions as the original sign. trol and Coastal Emergencies’’, as authorized ferson and Orleans Parishes and realignment AMENDMENT NO. 3805, AS MODIFIED by section 5 of the Act of August 18, 1941 (33 of the drainage canals to direct interior Mr. COCHRAN. Mr. President, a U.S.C. 701n), for necessary expenses relating flows to the new permanent pump stations to modification has been sent to the desk. to the consequences of Hurricane Katrina be constructed at Lake Pontchartrain; The PRESIDING OFFICER. Is there and other hurricanes of the 2005 season, (2) repairs, replacements, modifications, objection to the modification? Without $3,299,000,000, to remain available until ex- and improvements of non-Federal levees and objection, the amendment is so modi- pended: Provided, That the Secretary of the associated protection measures— Army is directed to use the funds appro- (A) in areas of Terrebonne Parish; and fied. priated under this heading to modify, at full (B) on the east bank of the Mississippi The amendment (No. 3805), as modi- Federal expense, authorized projects in River in Plaquemines Parish, Louisiana; and fied, is as follows: southeast Louisiana to provide hurricane (3) for armoring the hurricane and storm In lieu of the matter proposed to be in- and storm damage reduction and flood dam- damage reduction system in south Lou- serted, insert the following: age reduction in the greater New Orleans and isiana.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4012 CONGRESSIONAL RECORD — SENATE May 4, 2006 (4) A project under this section shall be ini- written comments for incorporation into the consequences of Hurricane Katrina and other tiated only after non-Federal interests have interim plan: Provided further, That, not hurricanes of the 2005 season, $4,800,000, to entered into binding agreements with the later than 6 months after the date of enact- remain available until expended: Provided, Secretary to pay 100 percent of the operation ment of this Act, the Secretary shall submit That the amount provided under this head- and maintenance costs of the project and to an interim report to Congress comprising the ing is designated as an emergency require- hold and save the United States free from plan, the written comments of the inde- ment pursuant to section 402 of H. Con. Res. damages due to the construction or oper- pendent panel of experts, and the written ex- 95 (109th Congress), the concurrent resolu- ation and maintenance of the project, except planation of the Secretary for any rec- tion on the budget for fiscal year 2006. for damages due to the fault or negligence of ommendation of the independent panel of ex- UNITED STATES COAST GUARD the United States or its contractors. perts not adopted in the plan: Provided fur- OPERATING EXPENSES (5) Not later than 60 days after the date of ther, That the Secretary shall refine the (INCLUDING TRANSFERS OF FUNDS) enactment of this act the Secretary in con- plan, if necessary, to be fully consistent, in- sultation with Plaquemines Parish and the tegrated, and included in the final technical For an additional amount for ‘‘Operating state of Louisiana shall submit to Congress a report to be issued in December 2007 pursu- Expenses’’ for necessary expenses related to report detailing a modified plan regarding ant to the matter under the heading ‘‘INVES- the consequences of Hurricane Katrina and levels of protection for lower Plaquemines TIGATIONS’’ under the heading ‘‘CORPS OF EN- other hurricanes of the 2005 season, Parish, Louisiana, relating to hurricane pro- GINEERS—CIVIL’’ of title I of the Energy and $90,570,900, to remain available until Sep- tection with a focus on— Water Development Appropriations Act, 2006 tember 30, 2007, of which up to $267,000 may (A) protecting densely populated areas; (Public Law 109–103, 119 Stat. 2247; Public be transferred to ‘‘Environmental Compli- (B) energy infrastructure; Law 109–148, 119 Stat. 2814): Provided further, ance and Restoration’’ to be used for envi- (C) structural and nonstructural coastal That the amount provided under this head- ronmental cleanup and restoration of Coast barriers and protection; ing is designated as an emergency require- Guard facilities in the Gulf of Mexico region; (D) port facilities; and ment pursuant to section 402 of H. Con. Res. and of which up to $470,000 may be trans- (E) the long-term maintenance and protec- 05 (109th Congress), the concurrent resolu- ferred to ‘‘Research, Development, Test and tion of the deep draft navigation channel on tion on the budget for fiscal year 2006: Pro- Evaluation’’ to be used for salvage and repair the Mississippi River, not including the Mis- vided further, That, for the projects identified of research and development equipment and sissippi River-Gulf Outlet. in the report on the Mississippi River Gulf facilities: Provided, That the amounts pro- (6) Not later than 30 days after the date of Outlet due by December 2007, required by vided under this heading are designated as enactment of this Act, the Secretary shall this section, the Secretary shall submit such an emergency requirement pursuant to sec- offer to enter into a contract with the Na- reports to the Senate Environment and Pub- tion 402 of H. Con. Res. 95 (109th Congress), tional Academies to provide to the Secretary lic Works Committee and House Transpor- the concurrent resolution on the budget for a report, by not later than 90 days after the tation and Infrastructure Committee: Pro- fiscal year 2006. date of enactment of this Act, describing, for vided further, That upon adoption of a resolu- ACQUISITION, CONSTRUCTION, AND the period beginning on the date on which tion authorizing the project by each com- IMPROVEMENTS the individual system components for hurri- mittee, the Secretary shall be authorized to For an additional amount for ‘‘Acquisition, cane and storm damage reduction was con- construct such projects. Construction, and Improvements’’ for nec- structed and ending on the date on which the (8)(f) The amounts provided under this essary expenses related to the consequences report is prepared, the difference between— heading ar designated as an emergency re- of Hurricane Katrina and other hurricanes of (A) the portion of the vertical depreciation quirement pursuant to section 402 of H. Con. the 2005 season, $191,844,000, to remain avail- of the system that is attributable to design Res. 95 (109th Congress), the concurrent reso- able until expended: Provided, That such and construction flaws, taking into consider- lution on the budget for fiscal year 2006. amounts shall be available for major repair ation the settling of levees and floodwalls or SEC. 2402. USE OF UNEXPENDED FUNDS. and reconstruction projects for facilities subsidence; and that were damaged and for damage to vessels (B) the portion of that depreciation that is (a) IN GENERAL.—Nothwithstanding any currently under construction, for the re- attributable to the application of new storm other provision of law, amounts made avail- placement of damaged equipment, and for data that may require a higher level of able to the State of Oklahoma or agencies or the reimbursement of delay, loss of effi- vertical protection in order to comply with authorities therein (referred to in this sec- ciency, disruption, and related costs: Pro- 100-year floodplain certification and stand- tion as the ‘‘State’’) before the date of enact- vided further, That amounts provided are also ard protect hurricane. ment of this act for general remediation ac- (7)(e) The Secretary of the Army, acting tivities being conducted in the vicinity of for equitable adjustments and provisional through the Chief of Engineers, shall use the Tar Creek Superfund Site in north- payments to contracts for Coast Guard ves- $3,500,000 within the funds provided in Sec. eastern Oklahoma and in Ottawa County, sels for which funds have been previously ap- 2401(a) to develop a comprehensive plan, at Oklahoma that remain unexpended as of the propriated: Provided further, That the full Federal expense, to, at a minimum, de- date of enactment of this Act are authorized amount provided under this heading is des- authorize deep draft navigation on the Mis- to be used by the State to assist individuals ignated as an emergency requirement pursu- sissippi river Gulf Outlet established by and entities in removal from areas at risk or ant to section 402 of H. Con. Res. 95 (109th Pubic Law 84—455 (70 Stat. 65, chapter 112) potential risk of damage caused by land sub- Congress), the concurrent resolution on the (referred to in this matter as the ‘‘Outlet)’’, sidence as determined by the State. budget for fiscal year 2006. extending from the Gulf of Mexico to the (b) USE OF UNEXPENDED FUNDS.—the use of FEDERAL EMERGENCY MANAGEMENT AGENCY unexpended funds in accordance with sub- Gulf Intracoastal Waterway, and address ADMINISTRATIVE AND REGIONAL OPERATIONS wetland losses attributable to the Outlet, section (a)— (1) shall not be subject to the Uniform Re- For an additional amount for ‘‘Administra- channel bank erosion, hurricane and storm tive and Regional Operations’’ for necessary protection, saltwater intrusion, navigation, location Assistance and Real Property Ac- quisition Policies Act of 1970 (42 U.S.C. 4601 expenses related to the consequences of Hur- ecosystem restoration, and related issues: ricane Katrina and other hurricanes of the Provided, That the plan shall include rec- et seq.); and (2) may include any general remediation 2005 season, $71,800,000, to remain available ommended authorization modifications to until expended: Provided, That the amount the Outlet regarding what, if any, navigation activities described in section (a) determined to be appropriate by the State, including the provided under this heading is designated as should continue, measures to provide hurri- an emergency requirement pursuant to sec- cane and storm protection, prevent saltwater buyout of 1 or more properties to facilitate a removal described in subsection (a). tion 402 of H. Con. Res. 95 (109th Congress), intrusion, and re-establish the storm the concurrent resolution on the budget for CHAPTER 5 buffering properties and ecological integrity fiscal year 2006. of the wetland damaged by construction and DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS, MITIGATION, RESPONSE, AND operation of the Outlet, and complement res- CUSTOMS AND BORDER PROTECTION RECOVERY toration of coastal Louisiana: Provided fur- SALARIES AND EXPENSES ther, That the Secretary shall develop the For an additional amount for ‘‘Prepared- plan in consultation with the Parish of St. For an additional amount for ‘‘Salaries ness, Mitigation, Response, and Recovery’’ Bernard, Louisiana, the State of Louisiana, and Expenses’’ for necessary expenses related for necessary expenses related to the con- the Secretary of the Interior, the Secretary to the consequences of Hurricane Katrina sequences of Hurricane Katrina and other of Commerce, the Administrator of the Envi- and other hurricanes of the 2005 season, hurricanes of the 2005 season, $10,000,000, to ronmental Protection Agency, and the Na- $12,900,000: Provided, That the amount pro- remain available until expended: Provided, tional Academy of Sciences: Provided further, vided under this heading is designated as an That the amount provided under this head- That the Secretary shall seek input, review, emergency requirement pursuant to section ing is designated as an emergency require- and comment from the public and the sci- 402 of H. Con. Res. 95 (109th Congress), the ment pursuant to section 402 of H. Con. Res. entific community for incorporation into the concurrent resolution on the budget for fis- 95 (109th Congress), the concurrent resolu- interim plan: Provided further, That the Sec- cal year 2006. tion on the budget for fiscal year 2006. retary shall ensure that an independent CONSTRUCTION DISASTER RELIEF panel of experts established by the National For an additional amount for ‘‘Construc- For an additional amount for ‘‘Disaster Academy of Sciences reviews and provides tion’’ for necessary expenses related to the Relief’’ for necessary expenses under the

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4013 Robert T. Stafford Disaster Relief and Emer- priorities, and that providing assist- stalled? This is the bill that determines gency Assistance Act (42 U.S.C. 5121 et seq.), ance for this program under the VA whether we move forward as a country $10,400,000,000, to remain available until ex- health care and using as an offset to or whether we make it harder for our pended: Provided, That the amount provided pay for it this AmeriCorps Program, troops, for hurricane victims, and for under this heading is designated as an emer- American families to make progress. gency requirement pursuant to section 402 of which has already been funded at $900 H. Con. Res. 95 (109th Congress), the concur- million this year, and, as I have de- That is the choice before us. rent resolution on the budget for fiscal year scribed, has been described by many, I am on the floor this morning—as I 2006. including those on the other side of the have been all week—saying we need to Mr. VITTER. Mr. President, this aisle, as a program that has serious move our country forward by passing amendment has been worked on quite a management problems, serious finan- this emergency supplemental bill. I do bit. An agreement has been reached cial accounting and tracking problems. want to address some of the concerns with all relevant Members, particu- So I urge the adoption of the amend- that have been raised about this bill. For years, this White House has been larly the chairs and ranking members ment. playing games to hide the cost of war. of all of the relevant committees. It The PRESIDING OFFICER. Who We know we have tremendous expenses doesn’t increase the cost of the bill. It yields time? in Iraq and Afghanistan. Everyone addresses a number of urgent flood pro- Mr. COCHRAN. Mr. President, the Thune amendment will reduce the knows that. But when it’s time to tection needs in Louisiana and, again, write the budget—suddenly this White represents a very solid compromise funding for the National Civilian Com- munity Corps by $20 million. These House develops amnesia. It somehow which I am proud to sponsor. ‘‘forgets’’ to include the cost of war in With that, I ask that Members agree funds are needed to pay the expenses of training and subsistence for those who the regular budget process. On the day to the amendment. the administration sends us its budg- The PRESIDING OFFICER. Is there have volunteered to provide emergency et—the ongoing cost of war is somehow further debate? assistance in the gulf coast region, to unknowable. But a few weeks later— If not, the question is on agreeing to help disaster victims recover from the when it sends up an emergency supple- the amendment. destruction caused by Hurricanes Rita mental—suddenly we have got this The amendment (No. 3728), as further and Katrina. huge document that lists the costs of modified, was agreed to. There have been over 1,600 National war. It is a fiction, a sham, a game. Mr. COCHRAN. Mr. President, I move Civilian Community Corps members in And for too long—this Congress has to reconsider the vote. my State of Mississippi since August Mrs. MURRAY. I move to lay that 30, the day after Hurricane Katrina been going along with it. We don’t in- motion on the table. struck our coast. They continue to pro- clude the war in the budget. We don’t The motion to lay on the table was vide essential assistance. The State of fund the war through the Defense Ap- agreed to. Mississippi put our State office of the propriations bill, we just expect to pay The PRESIDING OFFICER. The Sen- National Civilian Community Corps in for it through emergency ator from South Dakota is recognized. charge of the emergency 24-hour call supplementals, and that is not honest. Mr. THUNE. Mr. President, I thank center, as well as supply distribution Moreover, it means that real emer- the Chair for yielding time on this centers. To date, the National Civilian gencies—unanticipated natural disas- amendment. Community Corps has assisted 1,140,000 ters and our own homeland security This amendment would provide an people; cleaned out 1,500 homes; con- needs—are pushed aside and rendered additional $20 million for veterans tributed nearly 2,000 tons of food and ‘‘less important’’ than ongoing war health care, offset by striking $20 mil- 2,790 tons of clothing; served 1 million costs. All year I have been on the floor say- lion that would be appropriated under meals; refurbished 732 homes; sup- ing that if we are not realistic with our this supplemental for the Americorps ported 654 emergency response centers; budgets, we are going to have to make program. The Americorps program has and completed 1,730 damage assess- up the difference in emergency spend- already received $900 million in appro- ments. ing—and that is where we find our- priations for fiscal year 2006, according The volunteers of the National Civil- selves today. to the committee report on this bill. ian Community Corps receive about Mr. President, I want to walk In 2005, the VA transferred $452 mil- $4,000 for college expenses. They are through how the size of the supple- lion from its Medical Facilities ac- modestly housed, fed, and provided mental has changed to remind my col- count to its Medical Services account. with health care and uniforms. They leagues that it didn’t just grow mys- I would like to replenish the VA Med- remain available at a moment’s notice teriously. Members of both parties ical Facilities account a little, if it’s for deployment to any emergency in added critical priorities to the supple- possible to do in a fiscally responsible the country. The Federal Emergency mental, and members have stood up for way. This amendment provides the op- Management Agency, the Red Cross, those critical investments. portunity to do so, by taking money and others depend upon this group of When the Senate Appropriations from an ineffective and mismanaged professionally trained volunteers for Committee gathered in early April to program—the Americorps National Ci- assistance and support. mark up this bill, several amendments vilian Community Service Corps pro- The thousands of volunteers who are were adopted that added to the cost of gram—and providing it for veterans helping care for children and helping the bill. They included bipartisan health care. the gulf coast recover and rebuild are amendments to address the agricul- Mr. President, my amendment would the backbone of the progress being tural disasters that we have witnessed make some resources available to made in the hurricane-damaged region across the country. That amendment carry out the Secretary’s Capital Asset of our country. They give hope to our was championed by Senator DORGAN Realignment for Enhancement Serv- families, and I urge the Senate to re- and Senator BURNS. ices, or CARES, decision, which man- ject the Thune amendment. Senator HARKIN added an amendment dated that 156 priority community- The PRESIDING OFFICER. The Sen- to make sure that there will be ade- based clinics be established by 2012. ator from Washington is recognized. quate funds to finance the administra- As I said, talking about AmeriCorps, Mrs. MURRAY. Mr. President, as we tion’s preparations to deal with a pan- Senator MIKULSKI has described the gather this morning, our troops in Iraq demic flu outbreak. overall AmeriCorps Program as ‘‘like and Afghanistan need our support, fam- With the support of Senator BOND, I Enron’s nonprofit.’’ ilies on the gulf coast need help re- added an amendment to address the What has been said by GAO—they de- building their lives, and communities backlog of claims for highway emer- scribed it as they have been living on all across this country need help mov- gency relief that still haven’t been paid the edge, with tracking based on pro- ing forward. And now it is down to us. for recent declared disasters across the jections instead of real accounts. Will we provide that support? Will we country; including: Hurricane Ivan, My amendment simply helps us un- provide that critical help? Or will we Hurricane Dennis, the San Simeon derstand that the budget process is leave our troops unfunded, our gulf Earthquake, Hurricane Ophelia, Trop- about making choices, about setting coast in ruins, and our communities ical Storm Gaston, and the tragic

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4014 CONGRESSIONAL RECORD — SENATE May 4, 2006 floods in Hawaii that we debated yes- ess—let’s get real about the cost of The assistant legislative clerk read terday evening. war—or we are going to find ourselves as follows: The gulf coast Senators on the com- back here time and again passing emer- The Senator from Illinois [Mr. OBAMA], for mittee, including Senators HUTCHISON, gency spending. Mr. VOINOVICH, for himself and Mr. OBAMA, SHELBY, LANDRIEU, and, of course, We have heard a lot about the size of proposes an amendment numbered 3824. Chairman COCHRAN, also presented the bill, and I want to address that. The amendment is as follows: amendments to better address the This supplemental is big because the In lieu of the matter proposed to be in- needs of the gulf coast region in its ef- budgets we have passed over the years serted, insert the following: forts to recover from Hurricane have been unrealistically small. SEC. llll. CHICAGO SANITARY AND SHIP Katrina and the other gulf coast hurri- Let me say that again: This bill is CANAL DEMONSTRATION BARRIER, big because the budgets we have passed ILLINOIS. canes. (a) IN GENERAL.—Of the unobligated bal- These amendments were all offered have been unrealistically small. Time ances available for ‘‘OPERATION AND MAINTE- to address the real needs of our com- and again, the White House has pro- NANCE’’ under the heading ‘‘CORPS OF EN- munities here at home. posed budgets that do not come close GINEERS–CIVIL’’ of title I of the Energy The Appropriations Committee re- to meeting our domestic needs—and and Water Development Appropriations Act, ported this bill to the Senate Floor by that completely ignore the costs of 2006 (Public Law 109–103; 119 Stat. 2250), a vote of 27 to 1. When we brought the war. Those budgets have been works of $400,000 shall be made available for fiscal bill to the floor, we received a state- fiction. And if we are not going to be year 2006 for the maintenance of the Chicago ment of administration policy from the realistic in the regular budget proc- Sanitary and Ship Canal Demonstration Bar- rier, Illinois, which was constructed under Bush white house. That statement said ess—if we are not going to include the section 1202(i)(3) of the Nonindigenous that the President would veto any bill cost of war in the regular budget, we Aquatic Nuisance Prevention and Control that exceeded the level of $94.5 billion. are going to have to face reality during Act of 1990 (16 U.S.C. 4722(i)(3)). Soon after, the Senate was given an op- this supplemental. (b) AUTHORIZATION OF APPROPRIATIONS.— portunity to vote on the President’s That is where we find ourselves Section 1202(i)(3)(C) of the Nonindigenous position. today. So any Member who is troubled Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is amend- My friend, Senator THOMAS of Wyo- by the size of this bill should tell the White House it is time to get real and ed by striking ‘‘, to carry out this paragraph, ming, offered an amendment to delete $750,000’’ and inserting ‘‘such sums as are all of the provisions that were not in send us budgets that include the cost of necessary to carry out the dispersal barrier the administration’s original request— war and that address our domestic demonstration project under this para- thus bringing the size of the bill down needs—or we are going to find our- graph’’. to the level acceptable to the Presi- selves dealing with emergency spend- The PRESIDING OFFICER. Is there dent. That amendment failed over- ing time and time again. further debate on the amendment? But we can’t miss the big picture—ei- whelmingly, by a veto-proof margin of AMENDMENT NO. 3824, AS MODIFIED 72 to 26. ther we pass this bill and help our Mr. OBAMA. Mr. President, I ask Just hours later, my friend from Ne- troops an our country, or we make it that the amendment be modified. vada, Senator ENSIGN, made a motion harder for America to move forward. The PRESIDING OFFICER. Is there to recommit the bill back to the Ap- Let’s have the wisdom to make the objection to the modification? If not, propriations Committee with instruc- right choice. the amendment is so modified. tions that it be cut back to the level Before I go any further, I want to ac- The amendment (No. 3824), as modi- President Bush said he would support. knowledge the tremendous leadership fied, reads as follows: That amendment also failed by a veto- that Senator BYRD has provided At the appropriate place insert the fol- proof margin of 68 to 28. throughput this process. He knows this lowing: Why did those amendments fail, even body better than anyone. And, more SEC. llll. CHICAGO SANITARY AND SHIP in the face of the President’s veto importantly, he brings with him a deep CANAL DEMONSTRATION BARRIER, threat? Because Senators from across commitment to doing the right things ILLINOIS. the country on both sides of the aisle not only for the Senate, but for the (a) IN GENERAL.—Of the unobligated bal- country, and for the families we all ances available for ‘‘OPERATION AND MAINTE- recognized that the investments that NANCE’’ under the heading ‘‘CORPS OF EN- this bill makes here in America are represent. GINEERS–CIVIL’’ of title I of the Energy needed. I also want to thank Chairman COCH- and Water Development Appropriations Act, Indeed, in the face of those embar- RAN for his leadership and hard work 2006 (Public Law 109–103; 119 Stat. 2250), rassing votes, the Senate Republican on this bill. He has shown extraor- $400,000 shall be made available for fiscal leaders frantically scurried around to dinary patience throughout this de- year 2006 for the maintenance of the Chicago get enough signatures on a letter to bate, and I appreciate how he has Sanitary and Ship Canal Demonstration Bar- the President saying they would up- worked with all of us to keep this bill rier, Illinois, which was constructed under section 1202(i)(3) of the Nonindigenous hold the President’s veto. They were on track. Mr. President, I yield back the re- Aquatic Nuisance Prevention and Control desperate to get that letter out to the Act of 1990 (16 U.S.C. 4722(i)(3)). mainder of our time. media because it was clear from the The PRESIDING OFFICER. Is there votes on the Senate floor that the The PRESIDING OFFICER. The question is on agreeing to the Thune further debate on the amendment? If Members of the Senate—Republican not, the question is on agreeing to and Democrat alike—were not prepared amendment No. 3704. Mr. COCHRAN. I request the yeas amendment No. 3824, as modified. to ignore our needs here at home, even and nays. The amendment (No. 3824), as modi- if President Bush is prepared to do so. The PRESIDING OFFICER. Is there a fied, was agreed to. That is how this supplemental devel- sufficient second? Mr. OBAMA. I move to reconsider the oped—one amendment at a time—Sen- There is a sufficient second. vote. ators from both parties voted to ad- The yeas and nays were ordered. Mr. DURBIN. I move to lay that mo- dress critical needs. Senators have The PRESIDING OFFICER. The Sen- tion on the table. stood by those investments, and now it ator from Illinois. The motion to lay on the table was is time to pass this bill. AMENDMENT NO. 3824 agreed to. Mr. President, we have critical needs Mr. OBAMA. Mr. President, thank The PRESIDING OFFICER. The Sen- in our war effort and here at home that you very much for recognizing me. I ator from Iowa. we must address. Those needs have not ask unanimous consent to call up AMENDMENT NO. 3732 been addressed through the regular amendment No. 3824. Mr. GRASSLEY. Mr. President, I ask budget, so we must address them The PRESIDING OFFICER. Without unanimous consent to call up amend- through this bill. Let’s pass this sup- objection, it is so ordered. ment No. 3732. plemental and make sure our troops Will the Senator restate the number. The PRESIDING OFFICER. Is there and our communities have the support Mr. OBAMA. Amendment No. 3824. objection? they need. And as we move forward— The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, we let’s get real about the budget proc- clerk will report. have no objections on this side.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4015 The PRESIDING OFFICER. Without Finally, the cost of this amendment processing immediate payments, objection, the clerk will report. is offset by a $38 million reduction in changing addresses, confirming Social The legislative clerk read as follows: the FEMA disaster relief fund. This re- Security numbers, and taking new The Senator from Iowa [Mr. GRASSLEY], for duction in FEMA would come from the claims that resulted from the hurri- himself and Mr. BAUCUS, proposes an amend- $2.4 billion that is designated for canes. It cost SSA $7 million to pay for ment numbered 3732. ‘‘other needs.’’ This designation refers the travel and per diem expenses for Mr. GRASSLEY. Mr. President, I ask to money that has been made available employees who came to the affected unanimous consent that the reading of for unspecified, potential future activi- areas from other regions to help, as the amendment be dispensed with. ties. It would not affect any specific well as for employees who were forced The PRESIDING OFFICER. Without project or activity in this bill. to relocate because of damaged or de- objection, it is so ordered. I urge my colleagues to support this stroyed homes and offices and who con- The amendment is as follows: amendment. tinued to work in other offices. Costs (Purpose: To transfer funds from the Dis- Mr. BAUCUS. Mr. President, I rise to related to unprocessed work include $12 aster Relief fund to the Social Security speak in favor of the bipartisan amend- million for SSA workloads, such as Administration for necessary expenses and ment that Finance Committee Chair- direct or indirect losses related to the con- claims, hearings, that were not proc- sequences of Hurricane Katrina and other man GRASSLEY has just offered. As essed as a result of the storms’ disrup- hurricanes of the 2005 season) ranking Democrat on the Finance tions. Nearly $1 million was spent to On page 186, after line 22, add the fol- Committee, I have worked with Chair- pay the salaries of those SSA workers lowing: man GRASSLEY to develop this amend- who volunteered to work for FEMA in SEC. 2704. Of the funds made available ment. The amendment provides $38 the affected areas, and thus were not under the heading ‘‘Disaster Relief’’ under million to the Social Security Admin- doing their regular SSA work. the heading ‘‘Federal Emergency Manage- istration, SSA—fully paid for—to reim- Unfortunately for SSA, it had al- ment Agency’’ in chapter 5 of this title, burse the costs SSA incurred as a re- ready had its funding cut by a total of $38,000,000 is hereby transferred to the Social Security Administration for necessary ex- sult of Hurricane Katrina and other $300 million below the President’s re- penses and direct or indirect losses related to hurricanes of the 2005 season. quest for fiscal year 2006. Rather than the consequences of Hurricane Katrina and The supplemental appropriations being able to absorb the $38 million other hurricanes of the 2005 season: Provided, bill, as reported by the Senate Appro- caused by the hurricanes, SSA found That the amount transferred by this section priations Committee, would appro- its $300 million shortfall being exacer- is designated as an emergency requirement priate $106.5 billion, including $ 67.7 bil- bated by these additional $38 million of pursuant to section 402 of H. Con. Res. 95 lion for the wars in Iraq and Afghani- costs. (109th Congress), the concurrent resolution stan, $4.5 billion for foreign assistance The Social Security Administration on the budget for fiscal year 2006. programs, and $27.1 billion for relief could make very good use of an addi- Mr. GRASSLEY. Mr. President, the needed because of last season’s hurri- tional $38 million of funding for fiscal supplemental appropriations bill in- canes. In contrast, no funding for SSA year 2006 at this time by increasing cludes $27 billion for disaster-related to make up for its costs from Katrina overtime hours. This would allow SSA expenses. But, no money, other than a and the other hurricanes is currently to make up for a small piece of the re- nominal amount for the Inspector Gen- provided in the supplemental. ductions and delays of service to its eral, was provided for the Social Secu- The Social Security Administration normal applicants and beneficiaries. rity Administration. This amendment performed superbly in the aftermath of In the Senate-passed supplemental, would correct this omission. these hurricanes. SSA assisted more many Federal agencies are reimbursed This amendment would provide $38 than 528,000 persons in FEMA Disaster for costs arising from these hurricanes. million to the Social Security Admin- Recovery Centers and shelters and Surprisingly, that is not the case for istration, SSA, to reimburse costs in- helped many others who came to its the Social Security Administration. curred as a result of Hurricane Katrina field offices. To provide such assist- This is especially ironic in view of the and other hurricanes of the 2005 season. The Social Security Administration ance, SSA urgently invoked emergency efforts of the Social Security Adminis- performed a remarkable job in response procedures and issued approximately tration and its employees to help the to these recent disasters. 85,000 immediate payments for dis- gulf coast and its citizens, including They assisted more than 528,000 per- placed beneficiaries and those who some efforts that were above and be- sons in FEMA Disaster Recovery Cen- could not access their bank or other fi- yond the call of duty. ters and shelters and helped many oth- nancial accounts. In addition, SSA This bipartisan amendment will ad- ers who came to SSA field offices. Al- changed the addresses of displaced dress this funding shortfall for the So- together these activities cost the agen- beneficiaries, provided individuals who cial Security Administration by pro- cy $38 million: $6 million to acquire had lost their identification documents viding it with an additional $38 million and outfit temporary space and ren- with confirmation of their Social Secu- for the current fiscal year. The amend- ovate offices damaged by the storm, in- rity numbers, and took applications ment is fully paid for. As reported by cluding costs for computers, furniture from many people from the affected the Appropriations Committee, the and supplies; $12 million for processing areas who had become newly eligible supplemental appropriations bill pro- immediate payments, changing ad- for Social Security disability or sur- vides $10.6 billion to FEMA for disaster dresses, confirming Social Security vivors benefits or benefits from the relief from Hurricane Katrina and numbers, and taking new claims that Supplemental Security Income pro- other hurricanes of the 2005 season. Of resulted from the hurricanes; $7 mil- gram. SSA even passed along messages this amount, according to the com- lion to pay for the travel and per diem to beneficiaries from worried family mittee report, $2.4 billion is provided expenses for employees; $12 million for members. Finally, some SSA employ- for ‘‘other needs.’’ Although the report costs related to unprocessed work- ees drove hours to provide relief to provides some examples of such ‘‘other loads—claims, hearings, etc.—due to overstretched field offices, sometimes needs,’’ there is no list of specific the storms’ disruptions; $1 million for sleeping on air mattresses set up in the projects and activities whose costs salaries of those SSA workers who vol- offices because there were no other total $2.4 billion. This amendment in- unteered to work for FEMA in the af- places to stay. creases SSA’s funding for fiscal year fected areas. Together, these activities caused 2006 by $38 million and reduces the $10.6 SSA cannot easily absorb this $38 SSA to redirect $38 million from fund- billion appropriated for the FEMA Dis- million because its budget is already ing for its normal tasks and obliga- aster Relief account in this bill. The $300 million below the President’s re- tions. There were costs to SSA of $6 $2.4 billion provided by this bill for quest for fiscal year 2006. SSA is al- million to acquire and outfit tem- ‘‘other needs’’ is part of the $10.6 bil- ready experiencing reductions and porary space and renovate offices dam- lion appropriated for the FEMA Dis- delays in service. This $38 million aged by the storm, including costs for aster Relief account in the bill. This would allow an increase in overtime computers, furniture and supplies. SSA amendment will not result in the loss hours to begin to address these back- estimates that there were $12 million of any specific project or activity pro- logs. in costs for new workloads, including vided for by this bill. Nor will it cause

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4016 CONGRESSIONAL RECORD — SENATE May 4, 2006 this bill to result in any additional Ms. MIKULSKI. Mr. President, I rise dent Bush’s efforts to cut the Federal costs to the Federal Government. in opposition to Senator THUNE’s funds it needs to survive. This amendment will restore the loss amendment and to set the record I fought to create AmeriCorps, I of resources for the Social Security Ad- straight on my ongoing and passionate fought to strengthen AmeriCorps, and I ministration that has resulted from support for AmeriCorps and the Na- will fight to save AmeriCorps. Today’s the 2005 season’s hurricanes. I believe tional Civilian Community Corps, Federal investment, like these fine vol- this is the right thing to do. I urge my NCCC. The Senator from South Dakota unteers, are needed now more than colleagues to support this bipartisan said that I described the overall ever. I strongly encourage my Senate amendment. AmeriCorps program as, ‘‘It’s like colleagues to make sure this money is The PRESIDING OFFICER. Is there Enron’s gone nonprofit.’’ Senator included as a part of this emergency further debate on the amendment? If THUNE was absolutely wrong to say spending package, and I urge them to not, the question is on agreeing to that is the way I describe AmeriCorps. oppose Senator THUNE’s amendment amendment No. 3732. I love AmeriCorps. I love what they do which would divert these critical funds The amendment (No. 3732) was agreed for communities. I love what they do away from NCCC. to. for America. The PRESIDING OFFICER. The Mrs. MURRAY. I move to reconsider Senator THUNE took that quote to- question is on agreeing to amendment the vote. tally out of context. I made that state- No. 3704. The yeas and nays have been Mr. COCHRAN. I move to lay that ment back in 2002 when a bureaucratic ordered. The clerk will call the roll. motion on the table. boondoggle led to the overenrollment The legislative clerk called the roll. The motion to lay on the table was of 20,000 volunteers. When that hap- Mr. MCCONNELL. The following Sen- agreed to. pened, I led the efforts to organize the ator was necessarily absent: the Sen- AMENDMENT NO. 3704 national service groups and to ator from Utah (Mr. HATCH). Mr. BYRD. Mr. President, I rise strengthen AmeriCorps. Along with Mr. DURBIN. I announce that the today in opposition to the amendment Senator BOND, I introduced and passed Senator from West Virginia (Mr. from the Senator from South Dakota. the ‘‘Strengthen AmeriCorps Program ROCKEFELLER) is necessarily absent. This is not an amendment designed to Act of 2003’’ which established new ac- The PRESIDING OFFICER. Are there help our veterans. It is an amendment counting procedures for AmeriCorps. I any other Senators in the Chamber de- designed to cut funding for the Na- urged the President to appoint a new siring to vote? tional Civilian Community Corps, CEO for the Corporation of National The result was announced—yeas 39, NCCC, that the sponsor of the amend- Service—a CEO with the management nays 59, as follows: ment apparently thought would be skills necessary to restore confidence [Rollcall Vote No. 111 Leg.] more likely to pass if the funds were in the Corporation’s abilities to make a YEAS—39 allocated to veterans health care facili- real difference to our volunteers—and Allard Enzi Nelson (FL) ties. Allen Frist Pryor The Senator is proposing to strike in our communities. I also asked for a reinvigorated Board of Directors that Brownback Gregg Roberts from the bill the entire $20 million al- Burns Hagel Sessions located to support the NCCC effort to would take greater oversight and re- Burr Hutchison Snowe help Katrina victims. NCCC members sponsibility and I have consistently Chambliss Inhofe Stabenow called for increased funding so that Coburn Isakson Sununu deployed to the gulf within 24 hours of Collins Johnson Talent Katrina making landfall and have been AmeriCorps could support 75,000 volun- Cornyn Kyl Thomas there ever since. In total, nearly 1,600 teers each year. DeMint Lott Thune DeWine Lugar Vitter NCCC members have provided 320,000 AmeriCorps is stronger than ever. Since its creation, over 300,000 volun- Dole Martinez Voinovich hours of volunteer service. These Ensign McConnell Warner teers have served in communities and young people are 18 to 24 years old. NAYS—59 They muck out homes, remove debris, earned education awards to go to col- Akaka Dayton Lincoln rebuild schools and community cen- lege or to pay off student debt. To date, 7,500 Maryland residents have earned Alexander Dodd McCain ters, coordinate the work of episodic Baucus Domenici Menendez volunteers, help families and senior education awards. The NCCC program, Bayh Dorgan Mikulski citizens rebuild their homes and lives, which has a campus in Perry Point, Bennett Durbin Murkowski MD, is a full-time residential program Biden Feingold Murray and support other needs. Bingaman Feinstein for 18 to 24 year olds designed to Nelson (NE) The $20 million in the supplemental Bond Graham Obama strengthen communities and develop Boxer Grassley will support 800 NCCC members who Reed Bunning Harkin leaders through team-based service Reid will provide more than 1.2 million Byrd Inouye Salazar hours of service in the gulf coast hurri- projects. Each year, approximately Cantwell Jeffords cane recovery effort. Among NCCC’s 1,100 participants reside in its five cam- Carper Kennedy Santorum gulf coast accomplishments so far: as- puses nationwide. The Perry Point Chafee Kerry Sarbanes campus houses 200 AmeriCorps mem- Clinton Kohl Schumer sisted 1,063,000 people, mucked out 1,500 Cochran Landrieu Shelby homes, distributed 1,714 tons of food, bers every year, and since 1994 its resi- Coleman Lautenberg Smith distributed 2,790 tons of clothing, dents have logged more than 350,000 Conrad Leahy Specter served 1,000,000 meals, refurbished 732 service hours. Most recently, NCCC Craig Levin Stevens Crapo Lieberman Wyden homes, supported 542 emergency re- members have provided more than sponse centers, leveraged 7,715 volun- 250,000 service hours valued at $3.8 mil- NOT VOTING—2 teers, and completed 1,325 damage as- lion to projects in the Gulf Coast re- Hatch Rockefeller sessments. gion, which reflects their critical serv- The amendment (No. 3704) was re- It is important to fund health care ice during every American natural dis- jected. for our veterans. That is why I voted aster since the program started. Mr. COCHRAN. Mr. President, I move for the Akaka amendment to add $430 The funds that Senator THUNE wants to reconsider the vote. million to the bill for that purpose. I to cut are specifically dedicated to sup- Mrs. MURRAY. I move to lay that am pleased that it passed, and I hope port volunteer recovery activities in motion on the table. the President requests the funds. the gulf and would pay for 800 NCCC The motion to lay on the table was Veterans deserve every penny of the members who will provide more than agreed to. $430 million added to this bill, but 1.2 million hours of service in the gulf The PRESIDING OFFICER. Under those who have had their lives turned coast hurricane recovery effort. These the previous order, the clerk will read upside down by Hurricane Katrina also teams will rebuild schools and commu- the bill for the third time. deserve the support of the young men nity centers, remove debris, and help Ms. LANDRIEU. Mr. President, I and women of the national Civilian senior citizens rebuild their homes and know we are getting ready to go to Conservation Corps. We should not rob lives. This funding demonstrates the final passage, but I ask unanimous con- Peter to pay Paul. Therefore, I will Senate’s commitment to keeping this sent to go to amendment No. 3851, as vote against this amendment. valuable program alive, despite Presi- modified.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4017 The PRESIDING OFFICER. The Sen- SALMON SPAWNING and to putting in place an effective sys- ate is not in order. Mr. SMITH. Mr. President, last week tem for the surveillance of wild birds, AMENDMENT NO. 3851, AS MODIFIED I proposed an amendment to the sup- which is instrumental to our capacity Ms. LANDRIEU. Mr. President, I plemental appropriations bill that to prepare for the outbreak of an avian know we are getting ready to go to would provide relief to individuals fac- flu pandemic. I am happy to support final passage. I know it is unanimous ing an unfolding economic crisis along the amendment of my distinguished consent. But I am asking unanimous the Oregon and California coast. colleague from North Carolina. consent to bring up amendment No. For the third consecutive year, the Mr. BURR. Mr. President, my amend- 3851, which has been cleared on both number of naturally spawning Klamath ment builds upon work Senator LIE- sides by four committees. It has to do River Chinook salmon is expected to BERMAN and Senator BROWNBACK under- with a definition. fall below the conservation floor called took last year in the fiscal year 2006 The PRESIDING OFFICER. The Sen- for in the fishery management plan. As Defense appropriations bill, which also ator from Arizona. a result, the Pacific Fishery Manage- included the first avian flu supple- Mr. MCCAIN. Reserving the right to ment Council undertook a careful re- mental. It enhances our domestic ca- object, I will not object if the Senator view of the stock status as well as the pacity to undertake wild bird surveil- from Louisiana will add to that unani- economic needs of local communities. lance coming into and across the mous consent request that this will be After conducting its review, the United States by utilizing the expertise the last amendment considered? Council voted to recommend to the of the Smithsonian Institute to sup- Ms. LANDRIEU. I will be happy to. Secretary of Commerce the use of an port our Federal agencies. The PRESIDING OFFICER. Senators emergency rule to allow for a severely Mr. BROWNBACK. Mr. President, in- should be informed that this is a sec- restricted salmon season along 700 deed, there is growing concern that ond-degree amendment. miles of the Oregon and California wild birds can carry the avian flu virus, Mrs. MURRAY. Mr. President, re- coast. which has now spread from Southeast serving the right to object, is the Last week, Secretary Gutierrez ap- Asia to China, Europe, Africa, and to amendment that has been sent to the proved the council’s recommendation the Middle East. Wild birds are one of desk the modified amendment? for an emergency rule. While this lim- the key vectors for spreading the virus The PRESIDING OFFICER. Is the ited season is helpful, it will not be to domestic animal populations or amendment modified to be a first-de- enough to sustain Oregon’s rural, fish- carry it to wild bird markets, where gree amendment? ery-dependent economies. It is esti- the virus is further propagated. At this Mr. ENZI. Mr. President, this is mated that the impact to Oregon and time, the virus does not spread easily under the jurisdiction of the Education California coastal communities could from birds to humans and there are Committee. We have taken a look at it. exceed $100 million. Many of the com- limited reports of human to human FEMA just has a different definition munities affected by these fishery re- transfer. Importantly, the virus has that needs to be changed from what strictions are still recovering from the not yet entered the United States to other schools have. It clears up some devastation caused by the collapse of our knowledge. We must understand language. It is not any problem. the timber economy in 1990s. how this virus moves to prepare com- Mr. REID. Mr. President, we cannot The funding provided in my amend- munities in its path. hear what is going on. ment would help fishermen and sup- At the same time we work to develop The PRESIDING OFFICER. The Sen- porting businesses in Oregon weather a vaccine and procure antivirals, we ate will be in order. what will certainly be a very trying can also track the movement of the Is there objection to the amendment year. However, because this crisis is virus in wild birds. GAINS can track as modified? Without objection, it is so the result of a regulatory action rather wild birds in the same way the Na- ordered. than a natural disaster, I have been tional Hurricane Center tracks hurri- The amendment (No. 3851), as modi- told that my amendment is not ger- canes. By analyzing, storing, and re- fied, is as follows: mane to the bill that is before us now. porting using a real time computerized AMENDMENT NO. 3851, AS MODIFIED This parliamentary hair-splitting is data mapping system and interface, we (Purpose: To provide a complete substitute) lost on my constituents. can see the viral strains wild birds On page 165, line 23 after ‘‘fiscal year 2006’’ I would like to engage the Chairman carry, where they are carrying the insert the following: of the Appropriations Committee in a Provided further, That any charter school, virus along migratory routes, and how as that term is defined in section 5210 of the brief colloquy. I realize that we are fac- the virus is genetically evolving. This Elementary and Secondary Education Act of ing tight budgetary times and numer- will make it possible for us to develop 1965 (20 U.S.C. 722(i)), regardless of whether ous disasters, many of which receive vaccines more quickly using the most the facility of such charter school is pri- assistance under the current bill. Will recent strain available and will help us vately or publicly owned, shall be considered you agree to work with me to secure warn vulnerable populations in wild for reimbursement for damages incurred to funding or reprogram funds to address bird flight paths should the avian flu public schools due to the effects of Hurricane the pending crisis on the Oregon coast? Katrina or Hurricane Rita. strain turn deadly. Provided further, That if the facility that Mr. COCHRAN. The Senator is cer- Mr. BURR. I agree that avian flu sur- houses the charter school is privately owned, tainly right that these are very dif- veillance is critical to our ability to then such facility shall reimburse FEMA for ficult budgetary times. Funds for non- protect public health. Mr. President, I any improvements or repairs made to the fa- defense discretionary programs are ask Senator LIEBERMAN, is the global cility that would not otherwise have been re- particularly constrained, while the de- program he supported in the fiscal year imbursed by FEMA but for the existence of mand for those funds has not slackened 2006 appropriations process for inter- the charter school, if such charter school va- one bit. Having said that, I appreciate national surveillance currently up and cates such facility before the end of 5 years the Senator acquainting me with the following completion of construction and ap- running? The Smithsonian Institute proved inspection by a government entity, challenges facing fishing communities and the domestic surveillance program unless it is replaced by another charter on the Oregon coast, and I will work they are working on and his inter- school during that 5-year period. with him and the subcommittee Chair- national surveillance program will be The PRESIDING OFFICER. The man SHELBY and try to identify an ap- important partners. We urge all parties question is on agreeing to the amend- propriate federal response for affected to begin their activities immediately. ment. communities. Mr. LIEBERMAN. It is. USAID and The amendment (No. 3851), as modi- Mr. SMITH. I thank the Chairman. I CDC have partnered with the Wildlife fied, was agreed to. yield the floor. Conservation Society to establish the Mrs. MURRAY. Mr. President, I AVIAN FLU Wild Bird Global Avian Influenza Net- move to reconsider the vote. Mr. LIEBERMAN. Mr. President, I work for Surveillance or GAINS. Mr. COCHRAN. I move to lay that thank my distinguished colleagues GAINS is a smart and targeted invest- motion on the table. from North Carolina and Kansas, Sen- ment in the U.S. Government’s fight The motion to lay on the table was ators BURR and BROWNBACK, for their against avian flu. CDC and USAID are agreed to. commitment to avian flu preparedness investing $6 million from fiscal year

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4018 CONGRESSIONAL RECORD — SENATE May 4, 2006 2006 avian flu supplemental appropria- Mr. BURR. An international avian erations at the three remaining north- tions to establish GAINS. GAINS com- flu surveillance component is an im- ern border air wing sites in Michigan, prises 5 million conservation, wild bird, portant investment and I hope HHS North Dakota, and Montana. poultry, health, and vaccine experts and CDC recognize the need to enhance Mr. CONRAD. I agree with my friend and builds upon the robust inter- our surveillance capabilities. I encour- from Michigan. The fiscal year 2006 national network of the Wildlife Con- age the Appropriations Committee and DHS appropriations bill included a servation Society, or WCS, which Chairman COCHRAN to give it full con- small amount of funds to begin initial through partnerships has presence in sideration. preparations for a NBAW site in my virtually every key country related to Mr. LIEBERMAN. Senator BROWN- home state of North Dakota, but more Avian Influenza—56 in all. The Wildlife BACK and I thank the Senator from funds are needed for the site to become Conservation Society, founded in 1895 North Carolina for this. I personally operational. Secretary Chertoff has and headquartered at the Bronx Zoo thank you Senator BURR for working told us that the establishment of the has a long history in the wild bird sur- with us on this important issue, which three additional northern border air veillance field around the world. They I always say is the big bird in the room wings will be complete in fiscal year were the organization that first diag- that few people are looking at. It al- 2007. nosed West Nile virus when it arrived ways feels better to wrap our arms A small portion of the air and marine on U.S. shores, and the human avian around problems on a bipartisan basis. interdiction funds in this bill would go flu vaccine we are currently working The leadership of the Senator from a long way toward meeting this dead- on is partially derived from wild mi- North Carolina on this issue and in line and the goal of securing our long gratory bird samples, WCS wild bird general is noticed and laudable. and currently porous northern border. I samples collected in Mongolia. Mr. BURR. Mr. President, I thank my join Senator LEVIN in encouraging the Of course, the GAINS relates to ro- colleagues. DHS to include funds sufficient to bust sampling of wild birds—alive and Mr. BROWNBACK. I thank my col- stand up and equip the North Dakota, dead—in the wild and in captivity, and leagues. Michigan, and Montana sites. even in markets, but most importantly Mr. LIEBERMAN. I thank my col- Mr. GREGG. My friends from Michi- GAINS will display the results of sam- leagues for their commitment to these gan and North Dakota raise important pling on a user-friendly real time com- activities. points. I agree the establishment and puterized data mapping system so that CUSTOMS AND BORDER PROTECTION equipping of the three remaining wherever you are in the world, public Mr. LEVIN. I would like to enter into northern border air wings is a priority. officials will be able to warn popu- a colloquy with my friend from New The northern border has long been ne- lations at risk and scientists will have Hampshire, Senator GREGG, and my glected compared to the southern bor- a powerful tool to fight this virus. friend from North Dakota, Senator der. As my colleagues are aware, funds I am confident that the CONRAD, regarding funds that have were appropriated in the fiscal year Smithsonian’s domestic efforts will be been included in this bill for customs 2006 Department of Homeland Security fully compatible with GAINS. and border protection, CBP, air and Appropriations Act to initiate funding Mr. BURR. The Smithsonian has marine interdiction, operations, main- of the third northern border air wing in agreed to provide the samples and the tenance, and procurement. North Dakota. I am committed to see- data it collects to United States agen- The Northern Border Air Wing, ing that the establishment of the re- cy partners without delay. In turn, we NBAW, initiative was launched by the maining northern border air wings is will count on the DOI, USDA, HHS, and Department of Homeland Security, accomplished as expeditiously as pos- any other agencies to negotiate the full DHS, in 2004 to provide air and marine sible. coordination and integration of the interdiction and enforcement capabili- EMERALD ASH BORER Smithsonian domestic component, the ties along the Northern Border. Origi- Mr. LEVIN. Mr. President, I ask if GAINS network, and any other ongoing nal plans called for DHS to open five the chairman of the Appropriations effort into a public database. This way NBAW sites in New York, Washington, Subcommittee on Agriculture is aware we know samples will be stored and North Dakota, Montana, and Michigan. of my amendment regarding the urgent shared between governmental and non- The New York and Washington need for additional funding for com- governmental organizations and that NBAW sites have been operational bating the Emerald Ash Borer, and if data will work with additional efforts since 2004. Unfortunately, none of the he is open to accepting the amendment in the future. other three sites have yet been stood by unanimous consent. Mr. BROWNBACK. I am glad we up, leaving large portions of our North- Mr. BENNETT. I would say to the agree that we should all work together. ern Border unpatrolled from the air. In Senator from Michigan that I am We cannot have efforts that are not the conference report accompanying aware of his amendment, but unfortu- collaborative and coordinated domesti- the fiscal year 2006 DHS appropriations nately cannot support any amendment cally and internationally. We will build bill, the conferees noted that these re- to the agriculture title of the supple- on the GAINS infrastructure by boost- maining gaps in our air patrol coverage mental appropriations bill which does ing our domestic capacity through the of the northern border should be closed not have an adequate offset. It is my Smithsonian Institute and ensuring all as quickly as possible. understanding the amendment Senator partners work together and share data Given that the threat from terror- LEVIN has introduced with Senators in a compatible manner using the ists, drug traffickers, and others who STABENOW, DEWINE, VOINOVICH and GAINS system. seek to enter our country illegally has DURBIN does not contain any offset for Mr. BURR. I understand that Senator not diminished, I believe an adequate the $15 million requested. Lieberman has an amendment related portion of the funds included in this Mr. LEVIN. The Senator from Utah to GAINS. bill for air and marine interdiction, op- is correct in that I was not able to off- Mr. LIEBERMAN. Yes I do. The cur- erations, maintenance, and procure- set the costs of the amendment as the rent GAINS program is underfunded by ment should be used by customs and funding in that title is very tight. I $4,000,000 in year one and year two will border protection to complete the re- would ask my friend though if he is require an additional $10,000,000 to be maining assessments, evaluations, and aware that there is a need in my State fully functional. Our amendment speci- other activities necessary to prepare alone of over $30 million to combat and fies GAINS as a particular program for and equip the Michigan, North Dakota, contain this invasive species that has CDC to fund in its domestic and global and Montana NBAW sites with appro- destroyed virtually all of Southeast surveillance efforts, which in general is priate CBP air and marine assets. Michigan’s ash stock? receiving robust funding thanks to This bill requires that DHS submit Mr. BENNETT. I have been advised of your foresight and that of your health an expenditure plan to the appropria- the urgent need for funds in the Mid- subcommittee. Such an effort as we tions committee before any of the west. have discussed must include animal funds may be obligated. I urge DHS to Mr. LEVIN. During consideration of surveillance because of its relation to include in their plan the funds nec- the fiscal year 2006 Agriculture Appro- human health. essary to stand up, equip, and begin op- priations Act, Senators STABENOW,

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4019 DEWINE and I had a similar amendment Department of Natural Resources, the ican people deserve to understand what seeking additional funds for the Ani- potential economic impact of EAB to defines a true emergency. According to mal and Plant Health Inspection Serv- Ohio citizens over the next 10 years the budget resolution for fiscal year ice at the USDA. We decided not to could possibly reach $3 billion. Again, I 2006 all of the following five criteria offer the amendment as we received as- thank my friend from Michigan for his must be met to be considered an emer- surances that the chairman and rank- leadership on this issue, as well as the gency: necessary, essential, or vital; ing member of the subcommittee would Senator from Utah, Senator BENNETT, sudden, quickly coming into being, and push for the House approved level of for his indulgence in entering into this not building up over time; an urgent, funding of $14 million. Unfortunately colloquy. pressing, and compelling need requir- the final bill contained only $10 million Mr. COBURN. Mr. President, in the ing immediate action; unforeseen, un- to deal with the Emerald Ash Borer past week, the Senate has voted to re- predictable, and unanticipated; and not epidemic. duce the overall cost of H.R. 4939, the permanent, temporary in nature. Mr. BENNETT. I say to my friend Emergency Supplemental Appropria- Designating a project as an ‘‘emer- that we did indeed work with our tions Act for Defense, the Global War gency’’ excuses Congress from paying House counterparts in crafting the on Terror, and Hurricane Recovery, for a project. The result of abusing the final 2006 appropriation, but unfortu- 2006, now totaling nearly $110 billion by ‘‘emergency’’ designation is an even nately were only able to allocate $10 a mere $15 million. I am delighted that greater emergency. Our Nation’s debt million in the end. President Bush has pledged to veto this is nearly $8.4 trillion. Each American’s Mr. LEVIN. I thank the Senator from bill because Congress has, once again, share of this debt is $27,964.86. Our na- Utah for all of his help over the years been unable to resist the temptation to tional debt is increasing by an average in seeking funding for this problem. I load up a must-pass bill with pork. of $1.95 billion per day. Social Security, hope that he and the ranking member I offered several amendments to Medicare and the standard of living of would be mindful of the urgent need of eliminate nonemergency items in this future generations of Americans are in Ohio, Indiana and Michigan for funding bill. I appreciate the patience of my jeopardy as a result of decades of fiscal for Emerald Ash Borer eradication ef- colleagues. I am very pleased and en- irresponsibility and rationalizations forts when crafting the fiscal year 2007 couraged that this body is increasingly for spending more money today with- Agriculture Appropriations Act over willing to depart from our business-as- out considering the consequences to- the coming months. usual practices. morrow. Mr. BENNETT. I tell my friend from That is good because the American The Social Security trustees reported Michigan that I will do all I can, in people are paying attention to this this week the program will exhaust its consultation with Members from the process. In a recent Wall Street Jour- trust fund and begin running annual affected states and the Department of nal/NBC poll, the American people said cash deficits in 2040. A year ago, that Agriculture, to craft an appropriations that ending earmarks should be the No. prediction was 2041, effectively mean- bill which contains adequate funding to 1 priority for Congress this session. ing 2 years have been lost by a refusal combat the Emerald Ash Borer. Thirty-nine percent said that members to act. The trustees reported Social Se- Mr. LEVIN. I thank the chairman should be prohibited from ‘‘directing curity’s unfunded liability is $13.4 tril- and know that my colleagues appre- federal funds to specific projects bene- lion. ciate his support as well. fiting only certain constituents.’’ It is Of course, the real problem with So- Ms. STABENOW. I thank my col- interesting to note that ending ear- cial Security and Medicare is much league, Senator BENNETT, for his con- marks was ranked ahead of immigra- worse because the Federal Government tinued work to help Michigan, Ohio, tion reform, which was cited as the No. uses an Enron-style accounting and Indiana battle this invasive pest 1 priority by 32 percent of Americans. scheme. We habitually borrow or, more that has devastated our states. Senator I hope that these results, combined accurately, steal money from these BENNETT worked closely with us last with polls showing a 22-percent ap- trust funds to pay for more spending year during consideration of the Agri- proval rating for Congress, will encour- today. culture Appropriations bill, and I ap- age conferees to avoid a confrontation When the 77 million baby boomers preciate his commitment to working with President Bush over spending. I begin to retire in 2011, our Nation will with us during the fiscal year 2007 ap- would hope that when conferees look be faced with the greatest economic propriations bill. for items to remove from this bill they challenge in our history. If we continue Mr. DEWINE. Mr. President, I would take a close look at my amendments to indulge in earmarks, the gateway like to associate myself with the com- that lost by a narrow margin as well as drug to spending addictions, we will ments of my friends from Michigan. those I withdrew. never address these complex chal- Ohio is home to more than 3.8 billion I believe that in this time of war and lenges, particularly if we can’t resist ash trees and the Emerald Ash Borer is disaster recovery the American people the urge to abuse the earmark process causing destruction to trees in north- expect us to make hard choices about on a bill designed to address the emer- west Ohio and the Columbus area. I spending. Taxpayers want us to be gency needs of our troops and displaced would appreciate your help in the fu- serving in a spirit of service and sac- people in the gulf coast. ture to prevent the spread of the Emer- rifice, not searching for new ways to Another reason we must act today to ald Ash Borer to southern Ohio. raid the public Treasury. rein in wasteful spending is because Mr. VOINOVICH. Mr. President, I Congress is raiding the Treasury in our ability to influence world events is thank my colleagues and the chairman two ways with this bill. First, many of diminished by our debt to other na- of the Appropriations Subcommittee the items in this bill should be consid- tions. We now have the distinction of on Agriculture for providing this col- ered in the regular appropriations proc- being the world’s largest debtor nation, loquy. As my colleagues know, the Em- ess and through the regular order. The and this bill will add to that debt. erald Ash Borer poses an enormous war on terror is no longer a surprise. Many serious economists are warning threat, and I wish to be associated with We are entering our fifth year of this that our excessive borrowing from for- their remarks. This is important for war. It shouldn’t come as a surprise to eign sources could cause the value of this Senator from Ohio because nearly Congress that we have needs related to the dollar to collapse, which would lead 4 billion ash trees are threatened in my this effort. We have also developed a to a disaster for our economy. It is in- State alone. The Ohio Department of good understanding about many of the credibly shortsighted for this body to Agriculture and the Ohio Department priorities in the gulf coast that could sell Treasury bills to countries such as of Natural Resources call the Emerald have been addressed in the regular China so we can finance economic de- Ash Borer the most serious forest budget process. velopment programs and other pet health issue facing Ohio’s forests Congress has also added billions of projects while, at the same time, we today. They remain highly concerned dollars for items that have no connec- hope to encourage China to be more ag- and vigilant, but we must provide them tion to the war on terror and the gulf gressive in terms of discouraging Iran with sufficient resources to eradicate coast recovery. Again, few of these from developing nuclear weapons. This this problem. According to the Ohio items are true emergencies. The Amer- is not just a numbers game. The future

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4020 CONGRESSIONAL RECORD — SENATE May 4, 2006 vitality of our nation is at stake. We safe? Expediency asks the question—is tunnels. I will continue to fight for our are slowly but surely whittling away it popular? Vanity asks the question— Federal workforce to ensure they have our national power and ability to lever- is it popular? But conscience asks the safe working environments and proper age other nations away by our refusal question—is it right?’’ safety equipment. to make hard choices about spending. I plead with my colleagues. Do what We know that nearly 40 percent of Many of the items in this bill are ob- is right. Our Nation is on an the soldiers deployed today in Iraq and viously not emergencies, which is why unsustainable course, and that course Afghanistan are citizen soldiers who this bill will be vetoed by President correction must begin today, not when come from the National Guard and Re- Bush if it is sent to him in its current it is too late. serves. More than half of these will suf- form. Again, I hope conferees do not Ms. MIKULSKI. Mr. President, I sup- fer a loss of income when they are mo- force the President to take this step. I port our troops and their families. I am bilized, because their military pay is am confident the President will veto behind them 100 percent. They deserve less than the pay from their civilian this bill. He understands that it is our gratitude, not just with words but job. more important to secure the next gen- with deeds. We must do right by our Many patriotic employers and State eration rather than the next election. troops and their families. This strong governments eliminate this pay gap by Past Presidents and Congresses have emergency supplemental appropria- continuing to pay them the difference made hard choices during difficult tions bill helps us do just that. This between their civilian and military times. Between 1939 and 1942, Congress supplemental also provides needed pay. The reservist pay security amend- and FDR cut spending for nondefense funds to the victims of the devastating ment, which I worked on with Senator DURBIN, will ensure that the U.S. Gov- programs by 22 percent. In 1950, Presi- hurricanes that hit our gulf coast last ernment also makes up for this pay gap dent Truman and Congress cut non- summer. for Federal employees who are acti- military spending by 28 percent. I sug- In this bill we have provided $15.6 bil- vated in the Guard and Reserves. gest to my colleagues that if we want lion to fix or replace equipment that Mr. President, last year, we provided has been damaged during combat oper- to be here past 2006, we better do the emergency relief for the victims of the ations and to buy additional force pro- same. horrible tsunami in Asia. Today with Still, I agree with my colleagues who tection equipment desperately needed this bill, we are providing over $27 bil- say that the President’s priorities by our brave men and women on the lion in support to our own citizens so don’t come down from heaven. I sug- battlefield. badly hurt by the devastating hurri- gest, however, that we are all subject To help protect our troops from dead- canes that hit the gulf coast last year. ly improvised explosive devices, IEDs, to the judgment that comes down from This money will not only help with the this bill creates the joint improvised the taxpayers. If we flippantly dis- rebuilding of New Orleans, but will pro- regard the President’s insistence that explosive device defeat fund and pro- vide a host of economic incentives and we make hard choices, the judgment of vides the fund with nearly $2 billion to subsidies to help the people of Lou- the taxpayers will not be kind to any develop and field the necessary tactics, isiana, Mississippi, Texas, and Alabama of us. equipment, and training to defeat these get back to work and rebuild their Families across this country are deadly weapons. lives following the destruction of Hur- faced with hard choices every day in Another way we can support our ricanes Katrina and Rita. Additionally, order to live within their budget. They troops is to make our intentions in this bill provides emergency funding to have elected us to make hard choices. Iraq clear to the Iraqis and the inter- help immediately rebuild the levees Our refusal to do this only reinforces national community. To this end, I and install flood control equipment the perception that we are discon- supported the amendment introduced that will help prevent another terrible nected from the priority-setting reality by Senator BIDEN that prohibits the tragedy from occurring when this that governs the rest of the country. building of any permanent military year’s hurricane season arrives in less It is wrong, for example, for this bases in Iraq. This will send a clear than 4 weeks. body to fund pork projects such as message to the Iraqi people—we are After 9/11 we realized that our bor- grape research in the State of Cali- committed to withdrawing our troops ders were not secure. Since then, we fornia force the taxpayers in my State once their mission is accomplished. have waged the war on terror and made and every other State to pay for a so- To ensure that we do all we can to great strides at protecting our home- called emergency project that has been care for soldiers when they are injured, land. We have made significant invest- ongoing for the last 46 years and has this bill includes an additional $1.15 ments in law enforcement and security; already received more than $130 mil- billion for the defense health program. however, the infrastructure that sup- lion from the American taxpayer. This money ensures that we can con- ports our border security has been al- Where this body sees an emergency the tinue to provide world-class services lowed to crumble. To counter this, I taxpayers often see a series of mis- including rapid aero-medical evacu- supported an amendment proposed by placed priorities. ation to our most severely wounded Senator GREGG which adds $2 billion The State of California received 549 soldiers. for border security initiatives to in- Federal earmarks this year totaling The veterans health care system is clude buying additional vehicles, air- $733 million. That included $10 million stretched to the limit at a time when planes, helicopters, and ships. It also in Federal resources alone for muse- more and more veterans are turning to builds state of the art facilities for use ums. Is it more important to protect VA. That is why I cosponsored an in ensuring the security of our borders. the residents at risk from flooding by amendment by Senator AKAKA to in- We have all seen the devastating ef- the Sacramento River or to fund grape crease veterans funding by $430 million fects of natural disasters and terrorism research? Congress is spending over $3.6 to meet the health care needs of sol- and are working hard to prevent future million on a grape research center in diers returning from Iraq and Afghani- occurrences from affecting our Nation California this year. We are spending stan and other war veterans. and the world. We have recently another $1 million on a pedestrian The rank-and-file employees of the learned of another potential threat: a walkway project in Calimesa and a half Federal Government are the unsung worldwide flu epidemic that could cost million on pedestrian/bike improve- heroes of this country. Unfortunately, millions of lives if we are unprepared. ments on Tower Bridge in Sacramento? they are often required to work in sub- In response to this threat, this bill pro- What is more important for Sac- standard or often hazardous conditions. vides $2.3 billion to prepare for and re- ramento? Why can’t we prioritize It was recently reported that employ- spond to an influenza pandemic. Mak- today so future generations are not ees within this very building are forced ing this money available now will help forced to make even tougher choices to enter tunnels full of asbestos and on expand the domestic production capac- between massive tax hikes, drastic cuts the verge of collapse. That is why I co- ity of influenza vaccine, and will help to Medicare and Social Security, or the sponsored an amendment by Senator develop and stockpile the right vac- defense of our Nation? ALLARD that provides over $27 million cines, antivirals, and other medical Martin Luther King Jr. once said, for critical emergency structural re- supplies necessary to protect and pre- ‘‘Cowardice asks the question—is it pairs to the Capitol Complex utilities serve lives in the event of an outbreak.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4021 Because it is just as important to ranking minority member of the Read- lion for sugarcane growers in the State support our communities at home as it iness Subcommittee, I am committed whose crops were destroyed by the is to support our troops in the field, I to finding a way to bring our soldiers floods earlier this spring. will continue to fight for responsible home as soon as possible. I do not be- In March, I introduced S. 2444, the military budgets. For that reason, I lieve that we should leave before the Dam Rehabilitation and Repair Act of joined Senator BYRD’s call for the Iraqi people are equipped with the tools 2006. This bill would amend the Na- President to fund our operations in necessary to support a stable demo- tional Dam Safety Program Act to es- Iraq and Afghanistan through the reg- cratic society, but we must ensure that tablish a program to provide grant as- ular budget and appropriations process. progress is being made. Toward that sistance to States for the rehabilita- After 4 years in Afghanistan and 3 end, I support the plan outlined in the tion and repair of deficient dams. I also years in Iraq, we should not be funding amendment submitted by my colleague supported Senator INOUYE’s efforts to these operations as if they were sur- Senator CARL LEVIN, ranking member include an amendment to H.R. 3499 to prise emergencies. of the Senate Committee on Armed provide $1.4 million to assess the secu- Mr. President, this bill is a Federal Services, which establishes clear re- rity and safety of critical reservoirs investment in supporting our troops porting requirements regarding the po- and dams in Hawaii, including moni- and their families and providing relief litical situation in Iraq. According to toring dam structures. I am extremely for those impacted by the devastating this plan, the President is required to disappointed that this amendment did hurricanes. submit a report to Congress every 30 not pass because the failure of Kaloko We support our troops by getting days outlining Iraq’s progress toward Dam on Kauai led to the severe flood- them the best equipment and the best the formation of a national unity gov- ing and loss of life. I am hopeful that protection we can provide. We support ernment. The plan also requires the ad- my colleagues will recognize the im- them by making it easier for our cit- ministration to inform Iraqi political, portance of addressing the dam prob- izen soldiers in the National Guard and religious and tribal leaders that meet- lem for the sake of Hawaii and our Na- Reserves to serve their country. And ing their own deadlines with regards to tion and that my bill will receive floor we support them by ensuring they are amending the Iraqi Constitution is a consideration. cared for with the best possible med- condition for the continued presence of Senator INOUYE also introduced a ical system when they are injured or a U.S. military force in Iraq. While the timely amendment that provides $1 ill. Senate did not consider Senator million for environmental monitoring With this bill, we are also helping our LEVIN’s amendment due to germane- of waters in and around Hawaii. In neighbors rebuild their homes, their ness, this is an important issue that March of this year, I had the oppor- communities, and their lives, and I am Congress must address. tunity to visit the hardest hit areas of proud to give it my support. Notwithstanding my concerns re- our State and meet victims, emergency Mr. AKAKA. Mr. President, today I garding the continued use of emer- responders, and State officials. To will cast my vote in favor of H.R. 4939, gency supplementals to fund the con- date, the situation for many of our the fiscal year 2006 supplemental ap- flict in Iraq, there are a number of pro- residents remains very grave. With propriations bill. This bill takes the visions in this bill that I whole- hundreds of homes and businesses dam- important step of supporting disaster heartedly support. In particular, I was aged or destroyed, critical infrastruc- relief efforts and helps fund our ongo- pleased to see that we did not forget ture crippled, and many hours spent ing military and intelligence oper- our Nation’s veterans during consider- engaged in search and rescue activities, ations in Iraq and Afghanistan. I sup- ation of the emergency supplemental. the resources of our State have been port the intent of this bill, but I have Our returning soldiers and sailors have severely strained. I supported this some significant reservations regard- earned the right to the best health care amendment, and I am encouraged that ing the growing cost of the war and that this Nation can provide, and I be- this amendment passed. It is clear that how it is being funded. lieve we should strive to carry out this Hawaii will not be able to fully recover In supporting our troops, I believe we obligation to our servicemembers. without substantial Federal assistance. Mr. President, I wish to reiterate must do what is necessary to ensure With the backing of my Senate col- that a clear distinction needs to be that the men and women risking their leagues, I successfully passed an made for true emergencies and natural lives for our country have everything amendment to the emergency supple- disasters such as Hurricane Katrina they need to carry out their mission. I mental adding $430 million to the De- do not support the administration’s and the floods in Hawaii, which could partment of Veterans Affairs, VA. not have been anticipated. policy of funding the war in Iraq These funds will be specifically used to It is fiscally irresponsible for the cur- through emergency supplemental bills. supplement direct health care, mental rent administration to continue to According to a Congressional Budget health care, and prosthetics services at treat this war as an emergency in order Office report, in 2005 the Department of VA. As the ranking member on the to hide the true cost of the war and cir- Defense obligated $83.6 billion—nearly Veterans Affairs Committee, I am cumvent the normal budgeting and $7 billion per month—for the global pleased that the Senate took this im- oversight process. If the current ad- war on terror, much of which was ap- portant step of supporting our Nation’s ministration continues to refuse to propriated through emergency supple- veterans. make hard choices and insist on a pol- mental funding. This is a fiscally irre- Another appropriate use of the emer- icy of funding the war through emer- sponsible approach that masks the true gency supplemental was appropriations gency appropriations, succeeding gen- magnitude of the war’s costs. There- for disaster relief. Our Nation has been erations of Americans will face even fore, I voted in favor of an amendment hit hard by many significant natural more difficult choices. offered by my colleagues, Senators disasters that could not have been Mr. DODD. Mr. President, I had in- BYRD and CARPER, which expresses the planned for in advance. I believe that tended to offer an amendment, No. sense of the Senate that any request we, as Government leaders, should con- 3755, to this Emergency Supplemental for funds after fiscal year 2007 for mili- tinue to provide assistance to help Appropriations bill to provide for full tary operations in Iraq and Afghani- those devastated by natural disasters funding of the Help America Vote Act. stan should be included in the Presi- including the severe flooding that del- However, once cloture was invoked, my dent’s annual budget. I was encouraged uged Hawaii earlier this year. amendment would have been ruled non- that the amendment passed with a vote On May 2, 2006, President George W. germane and consequently, I will not of 94 to 0. I urge the administration to Bush declared that a major disaster ex- call it up. heed the Senate’s resolution and com- ists in the State of Hawaii that Federal But the parliamentary circumstances mit to making the costs of the Iraq war funds to help the people and commu- of this bill do not change the fact that more transparent. nities recover. I am pleased that the we have reached a critical juncture in I also believe that the administration Senate Appropriations Committee in- the ability of States to be prepared for must be held accountable for progress cluded $33.5 million in the emergency Federal elections this November. in the Iraq war. As a member of the supplemental for disaster assistance in The amendment I intended to offer Senate Armed Services Committee and Kauai and Windward Oahu, and $6 mil- would have ensured that States have

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4022 CONGRESSIONAL RECORD — SENATE May 4, 2006 the resources necessary to conduct fair functioning machines, and different of HAVA nationwide and to achieving and accurate elections this fall. It standards to recount ballots. our twin goals of making it easier to would have fulfilled the promise made Congress responded with the first vote and harder to defraud the system. by Congress to be a full partner in the ever comprehensive requirements for This amendment that I filed to this funding of Federal election reform by the administration of Federal elec- bill is supported by a broad coalition of providing full funding for payments to tions. organizations, lead by the Leadership State governments to meet the elec- The HAVA requirements effective for Conference on Civil Rights and the Na- tion reform requirements mandated by the 2004 Federal elections provided that tional Association of Secretaries of Congress over 3 years ago under the all States offer provisional ballots to State, representing the civil rights and Help America Vote Act, HAVA. any voter challenged, for any reason, voting rights communities, disabilities HAVA was overwhelmingly enacted at the polls as ineligible to vote. Be- groups, State and local governments by Congress and signed into law by cause of the HAVA requirement, 2 mil- and election officials. President Bush on October 29, 2002. lion more ballots were counted in the The LCCR/NASS letter, dated April HAVA mandates that by the Federal 2004 elections than would have other- 20, 2006, notes, and I quote: elections this year, States must imple- wise been counted. Without the full federal funding, state and ment certain minimum requirements In 2004, States also had to have in local governments will encounter serious fis- for the administration of Federal elec- place measures designed to ensure the cal shortfalls and will not be able to afford tions. These requirements were phased identity of certain first-time voters complete implementation of important in over roughly a 2-year period with who registered by mail. States had to HAVA mandates. the final requirements mandated to be ensure voter education by posting cer- I will ask that this letter appear in in place by this year. tain voter information in the polling the record following my remarks. To ensure that the States could meet place. I am grateful to the LCCR and NASS these requirements, Congress author- But the most far-reaching, and argu- for their continuing leadership on this ized nearly $4 billion to pay for 95 per- ably most expensive reforms, must be issue and for their support of full fund- in place for the Federal elections this cent of the costs of HAVA implementa- ing of the HAVA requirements. It year. Effective January 1, 2006, all vot- tion. In order to receive Federal fund- would have been my preference that 100 ing systems used in Federal elections ing, States had to provide 5 percent percent of the HAVA costs be covered must meet the following minimum vot- matching funds. by the Federal Government, but I ing system standards: All 50 States, the District of Colum- agreed to a 95 to 5 split to ensure that bia, and the territories have raised Provide all voters with the right to verify the States became vested in reform. All their ballot, before it is cast and counted, to of the States and the District of Co- their 5 percent matching funds under ensure that it accurately reflects his or her this Federal-State partnership. choices; lumbia and the territories are vested— Only the Federal Government is com- Provide a permanent paper record with a they have met their required 5-percent ing up short on its end of the deal. To manual audit capacity, which can be used as match. Only the Federal Government date, Congress has appropriated only an official record in the case of a recount; appears to be less than committed to $3.1 billion of the nearly $4 billion it Provide full accessibility to persons with reform. disabilities, including the blind and visually Unless and until we can assure the promised the States in funding. That impaired, allowing for the same privacy and means the States are short nearly $800 independence as other voters; American public that we have done all million in promised Federal funds Provide alternative language accessibility that we can to ensure the accuracy and needed to implement these reforms. to language minorities, consistent with the access to the ballot box for all eligible With 2 Federal primary elections al- requirements under the Voting Rights Act; voters, there will be a cloud hanging ready over and with 10 upcoming pri- Meet current machine error rates; and over the final results of any given Fed- Establish a standard for defining what con- maries scheduled in May, there is pre- stitutes a vote and what will be counted as a eral election. That is not productive cious little time left to get these need- vote. for democracy and undermines the very ed funds to the States in time to en- In the aftermath of the November authority of our system of elected gov- sure that the Federal elections this 2000 election, there were allegations ernment. year are conducted in compliance with that voter registration lists contained Congress enacted HAVA in response Federal law. numerous irregularities and errors, in- to the crisis in confidence of the Amer- This amendment would provide full cluding multiple registrations and the ican electorate following the 2000 Pres- funding for HAVA. Arguably, this is names of deceased individuals. Reg- idential elections. We promised the the last opportunity we may have to istration lists were also subject to States we would be a full partner in ensure that the States have the prom- questionable purges by State and local funding those reforms. ised funds in time to meet the 2006 governments, conducted in a manner To help restore the public’s con- deadlines for reform. inconsistent with the National Voter fidence in the results of our Federal The amendment would fund the bal- Registration Act. elections, Congress intended that ance of the requirement payments to HAVA addressed those concerns with HAVA ensure that every eligible Amer- States under section 251 of HAVA in a balanced response by requiring each ican voter has an equal opportunity to the amount of $724 million. It would State to implement a computerized cast a vote and have that vote counted. also make up the shortfall of $74 mil- voter registration list for use as the of- Without the promised funding, Con- lion in funding to date for disability ficial list of registered voters. For gress has created an unfunded mandate access grants and protection and advo- many, this requirement is the single and State governments have indicated cacy payments to serve the voting most important reform for ensuring they will not be able to fully imple- needs of persons with disabilities. the accuracy and integrity of elections. ment the requirements on time. This It is simply unconscionable that Con- But it is a significant, and expensive, amendment would have ensured that gress has not kept up its end of this task when you consider there were the minimum Federal requirements funding bargain. As Thomas Paine ob- more than 142 million registered voters would be implemented on time nation- served, the right to vote for representa- in the United States in 2004. wide. tives is the primary right by which Depending upon the data used, that Since Congress mandated that these other rights are protected. That state- number represents between 65 percent requirements be effective by January 1, ment is still true today. The right to to 85 percent of the total eligible vot- 2006, it is critical that Congress now vote in a democracy is the fundamental ers. With more than 15 percent of provide these funds no later than fiscal right on which all others are based. Americans moving every year, it is year 2006 in order to ensure that the As we witnessed in the Presidential crucial that State registration lists re- statutory requirements are met. election debacle of 2000, the confidence main current and accurate in order to It is past time to live up to our prom- of the American public in our system ensure the public’s confidence in the ise. While my amendment may not be of elections was shattered after wit- outcome of Federal elections. in order to this bill, I am serving no- nessing hanging chads, confusing bal- The 2006 reforms are absolutely crit- tice that I will continue to look for lots, missing names on voter lists, mal- ical to the successful implementation ways to ensure that Congress makes

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4023 good on its promise to be a full partner Civil Rights, or any of the individual organi- It provides $2 billion for border secu- in funding election reform. zations listed below. rity, fully offset, which was included in I ask unanimous consent that the be- Sincerely, Senator GREGG’s amendment. fore-mentioned letter be printed in the ORGANIZATIONS REPRESENTING STATE AND That being said, there are a number LOCAL ELECTION OFFICIALS RECORD. of items in this bill that do not belong There being no objection, the mate- International Association of Clerks, Re- in an emergency supplemental appro- rial was ordered to be printed in the corders, Election Officials and Treasurers. priations bill. National Association of Counties. Many of these are very important RECORD, as follows: National Association of Election Officials. projects that have merit. APRIL 20, 2006. National Association of Secretaries of State. Many of these programs are worthy MAKE ELECTION REFORM A REALITY—SUPPORT of Federal funding, and, when the reg- IMPLEMENTATION AND FULL FUNDING FOR National Association of State Election Di- HAVA rectors. ular appropriations season gets under- National Conference of State Legislatures. way, I will work to see if there is a way DEAR SENATORS: We, the undersigned orga- nizations, urge you to support full funding CIVIL AND DISABILITY RIGHTS ORGANIZATIONS we can fund them. for the Help America Vote Act of 2002 Alliance for Retired Americans. But the question before us today is (HAVA) and include the remaining $798 mil- American Association of People with Dis- not whether they have merit because lion of authorized funding in the upcoming abilities. undoubtably most do. Emergency Supplemental legislation. Of Asian American Legal Defense and Edu- The question is not even whether that amount, $724 million is for the feder- cation Fund. they should receive Federal funding. ally-mandated processes and equipment that Asian Pacific American Labor Alliance. Here is the question we must ask state and local governments must have in Brennan Center for Justice. with respect to each of the needs that place for federal elections in 2006 and $74 mil- Common Cause. are being funded in this bill: Are they De¯mos: A Network for Ideas & Action. lion is for assisting state and local govern- emergencies? ments in making all polling places acces- FairVote. sible. It is imperative that the states and lo- Leadership Conference on Civil Rights. The Senate version of the appropria- calities receive all of the funding they were League of Women Voters of the United tions supplemental bill is $106.49 bil- promised so they can fully implement these States. lion, over $14 billion more than the important requirements of HAVA. Mexican American Legal Defense and Edu- President’s request of $92.22 billion. State and local governments have worked cational Fund (MALDEF). Because these are designated as hard on these reforms such as improving dis- National Association for the Advancement ‘‘emergency funds,’’ they are not ability access to polling places, updating of Colored People (NAACP). factored into the budget. voting equipment, implementing new provi- National Disability Rights Network. As far as Washington is concerned, Paralyzed Veterans of America. sional balloting procedures, developing and they ‘‘don’t count.’’ implementing a new statewide voter reg- People For the America Way. The Arc of the United States. But they do count. istration database, training poll workers and There is no magic pot of money that educating voters on new procedures and new United Auto Workers. equipment. State and local election officials United Cerebral Palsy. can be tapped for emergency needs. have always had a difficult struggle when U.S. This is straight deficit spending. competing for the funding necessary to effec- PIRG. There are times when emergency tively administer elections and they were Mr. SESSIONS. Mr. President, first, spending is justified, but if we abuse it, counting on the funding promised by Con- let me acknowledge the work of Chair- we might as well not even have a budg- gress to ensure that all the new federal man- man COCHRAN, Senator SHELBY, and the et. dates were implemented effectively. Appropriations Committee in crafting What is emergency spending? To help state and local governments pay The emergency appropriations proc- for these reforms, HAVA authorized $3.9 bil- this bill. I would also like to commend Dr. ess is set up to be an exception to the lion over three fiscal years. Between FY03 normal appropriations cycle so that and FY04, it was clear that Congress saw the COBURN, Senator MCCAIN, Senator EN- money can be spent for unexpected oc- importance of fully funding HAVA and pro- SIGN, and so many a number of my col- vided $3 billion of the $3.9 billion for HAVA leagues who have been out on the floor currences that come up throughout the implementation. Unfortunately, in FY 05 and discussing the need for fiscal restraint. year, such as additional war costs or FY 06 no federal funds were appropriated for As much good as there is in this bill, unexpected disasters. states to implement the HAVA require- and it is mostly good, I will be voting This money is not factored into the ments. against it. regular budget. State officials incorporated the federal The other body exercised fiscal re- We must stop the practice of using amounts Congress promised when developing straint when they took up the supple- emergency spending designations to their required HAVA budgets and plans. mental bill and actually managed to meet needs that can be met in the nor- Without the full federal funding, state and bring the bill’s top line number down local governments will encounter serious fis- mal budget process. from the Presidents’s request to $91.95 cal shortfalls and will not be able to afford This supplemental has some impor- billion. complete implementation of important tant provisions in it related to the war However, during the Senate markup, HAVA mandates. According to a state sur- on terror and the Hurricane Katrina re- vey, lack of federal funding for HAVA imple- the bill expanded rapidly. mentation will result in many states scaling covery. According to the National Journal, back their voter and poll worker education For example, in relation to the war money was added at a rate of more initiatives and on voting equipment pur- on terror, $10.2 billion is allocated for than $80 million per minute during the chase plans, all of which are vital compo- the Department of Defense’s military 2-hour markup. nents to making every vote count in Amer- personnel; $39 billion is allocated for Of course, it is not important how ica. operation and maintenance accounts in We are thankful that you have seen the fast the money was added or how much support of Operation Iraqi Freedom is in the bill. importance of funding the work of the Elec- and Operation Enduring Freedom; $15 tion Assistance Commission. States, local- The only things that matter are: ities and civic organizations can utilize the billion for procurement for various ac- Are these meritorious programs? work products of the EAC to effectively im- counts; and $8 billion for various other Are they Federal responsibilities? plement the requirements of HAVA i.e., the defense-related expenses. Are they emergencies? voting system standards, the statewide data- Other war related expenditures: $82 Senator GREGG, a distinguished mem- base guidance, and the studies on provisional million for the FBI operations in Iraq ber of the Appropriations Committee voting, voter education, poll worker train- and Afghanistan, $5 million for the and my chairman on the Budget Com- ing, and voter fraud and voter intimidation. DEA’s Intelligence Program, and $4 mittee, wrote a piece in the Wall We thank you for your support of funding million for ATF’s costs in Iraq. Street Journal on April 18 entitled for the Help America Vote Act, and we look These are all important programs forward to working with you on this critical ‘‘The Safety Valve Has Become a Fire issue. Should you have any questions, please that should be funded to help fight ter- Hose.’’ contact Leslie Reynolds of the National As- rorists abroad. The piece gives an excellent expla- sociation of Secretaries of State or Rob The bill provides needed funds for nation of the problem with abusing the Randhava of the Leadership Conference on Hurricane Katrina. emergency spending process.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4024 CONGRESSIONAL RECORD — SENATE May 4, 2006 While Senator GREGG and I disagree Nearly all of our 50 States maintain We also ought to move to a 2-year with regard to 2-year budgeting, we emergency, contingency, reserve, or budget. have no disagreement on the proposal ‘‘rainy day’’ funds to help cover unan- Senator DOMENICI has been spear- he outlines in his article, which is 1- ticipated spending needs. This would heading this issue. His bill, S. 877, is an year budgeting, which means, let’s live not only help to smooth out spikes in excellent bill. Under his bill, all budg- under the budget we have now and have deficit spending but also help to pre- eting and appropriating occurs in first a sequester if we exceed it. vent politicians from taking advantage year of a Congress. The second session In the piece, Senator GREGG states: of urgent situations to grow other Gov- focuses on oversight. there are two sets of books, and [only] one ernment programs. Database for Federal grantees. We is subject to the budget controls. We need to better prepare for these should require the creation of a data- Adding superfluous spending to the type expenses, like our States do. base of Federal grantees so taxpayers emergency supplemental is a way to The President in the Statement of can log on and find out who is spending their money and how. cheat the system and get around hav- Administration Policy on this bill drew Government shutdown protection. ing to actually pay for the money we a clear line in the sand. Let me read from the SAP: This provision would provide that if ap- spend. propriations bills are not enacted by Here are a few of the most egregious However, the Senate reported bill substan- tially exceeds the President’s request, pri- the beginning of the fiscal year, pro- provisions in the bill: grams continue at previous year’s First, some of the funds in this bill marily for items that are unrelated to the GWOT and hurricane response. The Adminis- level. are spent as far out as fiscal year 2010 Spending firewall. We should create and beyond. tration is seriously concerned with the over- all funding level and the numerous four firewalled categories of Federal Money being spent 5 years from now unrequested items included in the Senate spending: defense, international, do- is not an emergency, and can be allo- bill that are unrelated to the war or emer- mestic, and homeland, which would be cated and paid for through the regular gency hurricane relief needs. The final binding and in the budget. This would budget process each year. version of the legislation must remain fo- ensure that security needs would be If we need money to start these cused on addressing urgent national prior- met and could not be raided during the projects, we can give money for the ities while maintaining fiscal discipline. Accordingly, if the President is ultimately appropriations process to pay for social first year. But all other money should spending. be subject to the oversight of an au- presented a bill that provides more than $92.2 billion, exclusive of funding for the Presi- Pay-go for emergency spending. thorizing committee and the regular dent’s plan to address pandemic influenza, he Automatic across-the-board reduction budget process. will veto the bill. in spending for emergencies. Provide Secondly, $594 million allocated for The statement could not be clearer. that emergency spending automati- the Federal Highway Administration The day after he sent up the SAP, I cally triggers an across-the-board re- to go to projects on ‘‘the current sent a letter to the President, which scission in all spending. Senator GREGG FHWA ER backlog table,’’ which lists was signed by 35 other Senators, com- mentioned a program like this in his storms back to 1999. mitting to sustain any veto of this bill Wall Street Journal piece. Our budget specifically outlines the which violates the principles outlined Mutiyear caps. We should provide criteria for emergency spending. It is in the SAP. that 302(a) discretionary caps carry as follows: I have every confidence that our con- over for the life of a budget resolution, (A) necessary, essential, or vital (not mere- gressional leadership and our Presi- including the ability for the Appropria- ly useful or beneficial); dent, and their ability, working with tions Committee to issue 302(b) sub- (B) sudden, quickly coming into being, and allocations. Currently, if we have no not building up over time; the distinguished chairman of the Ap- propriations Committee, can find a budget, we have a top-line discre- (C) an urgent, pressing, and compelling tionary cap but no way to enforce it. need requiring immediate action; way to make a good bill fit within the We should provide a mechanism for the (D) subject to paragraph (2), unforeseen, numbers outlined by the President. unpredictable, and unanticipated; and This supplemental debate highlights Appropriations chairman to issue sub- allocations in the event that a budget (E) not permanent, temporary in nature. a larger issue. If funds are in fact needed to meet We need budget process reform. is not passed. needs from a hurricane in 1999 or an ice We need a line-item veto. Senator Commission on Accountability and Review of Federal Agencies. Senator storm in 2001, that should have been FRIST’s bill, S. 2381, Provides that re- BROWNBACK’s bill, S. 1155, takes the reasonably foreseen in 2005, when we scissions packages submitted by the concept of BRAC and applies it to were drawing up this year’s budget. President shall be treated with fast- wasteful domestic spending programs. The backlogged highway repairs for track authority. But this bill is just Efficencies. We should allow up to 2 these storms could have been paid for the beginning. percent of any Department to be trans- through the regular appropriations We need to reform Congressional ferred to pay down the national debt if process or the $286 billion transpor- Budget Office scoring in the following efficiencies are found. The current sys- tation bill that passed last year. ways: tem requires bureaucrats to be ineffi- Emergency supplementals are for un- Dynamic scoring. Senator ENSIGN’s cient. We give them a big pot of money anticipated costs, not costs anticipated bill, S. 287, addresses this issue. and say: You must spend this. We 5 years ago. Changes in tax law will be scored to should encourage, not discourage, fru- Emergency spending should be an ex- take into account real-life effects on gality. ception to the appropriations process— the economy. Entitlement commission. We should not the rule. Tax/spending parity. CBO scores provide for a commission to review en- There are ways to pay for emer- should treat tax expirations and spend- titlements, provide recommendations gencies, and there are ways to pay for ing expirations the same. for reform, and provide fast-track con- past emergencies. Long-term scoring. We should require sideration for reform proposals. The items on this chart that predate CBO scores to have more detailed esti- Earmark reform. Finally, we need to the last fiscal year are not emergencies mates for long-term costs of authoriza- finish the process we started on the and should not be treated as such in tions and direct spending. lobbying reform package, which is ear- the appropriations process. Database of authorizations. We mark reform. Senators MCCAIN and They should be paid for, just like the should require CBO to produce a data- LOTT have led on this important issue. relief efforts on all other past emer- base with a comprehensive catalog of I look forward to consideration of gencies. all authorized spending, user-friendly, budget process reform later this year. According to National Taxpayers searchable and sortable by expiration Mr. FEINGOLD. Mr. President, I am Union President John Berthoud, since date and category, and total authorized extremely disappointed that the Sen- 1996 the Federal Government has spent amounts, appropriated amounts. Data- ate did not get the chance to vote on over $450 billion under the ‘‘emer- base should be available online, search- my amendment to strengthen the over- gency’’ designation—an extra $1,500 for able, sortable, and provide overall total sight and monitoring of over $1.6 bil- every person in America. amounts. lion included in this supplemental for

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4025 Iraq reconstruction. This amendment, Reconstruction Fund, IRRF, allocated promise of economic development to designed to extend the oversight of the for Iraq reconstruction projects. I be- the Iraqi people, and establishing Special Inspector General for Iraq, lieved then, and I believe now, that it strong and supportive relations be- SIGIR, over reconstruction funding in is crucial that we have an effective tween Iraq and its neighbors in the re- the supplemental, would have helped oversight capability over American gion. If any of these pillars are miss- the SIGIR continue its valuable work taxpayer dollars spent in Iraq. Last ing, Iraq’s future becomes uncertain in ensuring that U.S. taxpayer dollars year, I fought to extend the life of this and unstable. are being used efficiently and effec- office, which has been recognized by America can help, but ultimately the tively. the Department of State and Defense Iraqis must achieve these goals on We should not be spending money on as a valuable and necessary office. I do their own. The Iraqi people and Iraqi Iraqi reconstruction without ensuring not intend to let this week’s setback security forces have made significant there is appropriate oversight and au- prevent me from pushing for continued strides, but much more remains before diting. My amendment would have transparency and accountability in the Iraq can govern and protect Iraqis. And strengthened the capabilities of the administration’s policies in Iraq. Iraq’s neighbors, who know the region Special IG to monitor, audit, and in- Mr. SALAZAR. Mr. President, over best and will suffer most from a failed spect funds made available for assist- the March recess, I joined the leaders state in their midst, must step up to ance for Iraq in both the Iraq Relief of the Senate Armed Services Com- the plate to help end the political dead- and Reconstruction Fund, IRRF, and in mittee, Senator JOHN WARNER of Vir- lock in Iraq. other important accounts. It is frankly ginia and Senator CARL LEVIN of Michi- We all recognize that U.S. forces can- baffling to me that anyone would op- gan, on a trip to Iraq to hear the on- not and should not remain in Iraq in- pose this amendment being included in the-ground perspective of our military definitely. The U.S. military presence the supplemental. leaders, our troops in the field, and in Iraq should depend upon Iraqi lead- As we continue to pour tens of bil- Iraqi officials. I returned to the United ers promptly making the compromises lions of dollars in to Iraq, I believe that States as always overwhelmed by my necessary to achieve the broad-based, we must not lose oversight of U.S. tax- pride and admiration for our service sustainable, political settlement nec- payer dollars. American taxpayers de- men and women, who continue to work essary to form a government of na- serve to know where their money is with commitment and professionalism tional unity and defeat the insurgency. going in this costly war and that it is even in the most difficult cir- We need partners within Iraq and out- being used effectively and efficiently cumstances. I cast my vote in support side its borders who are committed to and ending up in the right hands. of this supplemental package before us stability and sharing power in order to The Iraq IG’s work to date has been because I am completely committed to achieve the mission of a truly demo- extremely valuable to the U.S. Govern- providing our men and women in uni- cratic Iraq, and to share in that suc- ment and to Congress. The Iraq IG has form with the support they need to cess with Iraq’s people. now completed 55 audit reports, issued continue their excellent work. Toward We also need to ensure that the mag- 165 recommendations for program im- that end, I am very pleased that an nitude of the challenge before us in provement, and has seized $13 million amendment I authored calling for reg- Iraq does not distract all our attention in assets. In its latest report, released ular reports on the Pentagon’s efforts from the vitally important, ongoing over the weekend, the Iraq IG indicated to train our troops in methods of de- mission in Afghanistan. This bill also that it has completed 29 audits and re- tecting and defeating improvised explo- provides much needed support for that leased 58 recommendations for program sive devices has been added to this bill. mission. We have made tremendous improvement in this quarter alone. I also cast this vote today because progress, working with the Afghan peo- Overall, the SIGIR estimates that its when it comes to funding our service ple, in helping to turn Afghanistan operations have resulted in saving $24 men and women, right now this supple- from a state sponsor of terrorism to a million. Throughout 2005, the Iraq IG mental is the only game in town. And stable, responsible member of the provided aggressive oversight to pre- because the administration refuses, international community. But our vent waste, fraud, and abuse in the at- year after year, to incorporate the work is by no means complete, and the times lethal operating environment in costs of ongoing operations in Iraq into American troops and Afghani leaders I Iraq. Its emphasis on real-time audit- the regular budget, we have no choice met with in Kabul just weeks ago un- ing—where guidance is provided imme- but to fund these efforts through these derscored how important it is that we diately to management authorities emergency supplementals—essentially continue our strong support for the upon the discovery of a need for putting hundreds of billions on our na- stabilizing mission. change—provides for independent as- tional tab. The Senate voted over- This bill also provides support for the sessments while effecting rapid im- whelmingly in support of Senator communities devastated by last year’s provements. BYRD’s amendment urging the adminis- hurricane season. I am afraid that, In its January report to Congress, tration to stop these irresponsible thus far, the story of the Government’s the SIGIR concluded that massive un- budget games. I hope the President response to Katrina has been a story of foreseen security costs, administrative heeds that message. failure not only in the preparations for overhead, and waste have crippled In addition to reaffirming my admi- the storm and in the midst of the crisis original reconstruction strategies and ration for our military, my recent trip but also in the recovery effort. Too have prevented the completion of up to to Iraq also gave me a deeper under- many promises have not been kept, and half of the work originally called for in standing of the importance of success too many American families continue critical sectors such as water, power, in Iraq and the truly daunting nature to live in an atmosphere of uncer- and electricity. The Iraq IG’s work has of the challenges ahead. tainty. The provisions in this bill will resulted in the arrest of five individ- In addition to the extremely serious help, but our commitment does not end uals who were defrauding the U.S. Gov- fiscal issues confronting us, we have here. Congress needs to make sure that ernment, and it has shed light on mil- the even more serious policy issue to the gulf region has the necessary re- lions of dollars of waste. It is this kind consider—how should U.S. policy pro- sources to recover from last year’s hur- of investigation and reporting that ceed in Iraq? ricanes and respond to future storms, helps shape the direction of reconstruc- A failed Iraqi state would threaten but it must also make sure that the ad- tion funding and ensures that the our national interests, destabilizing an ministration has fixed the incom- money is being used and allocated as already volatile region and creating a petence at FEMA and DHS which dis- transparently and effectively as pos- lasting haven for terrorists. Our na- turbed so many Americans. I look for- sible. tional security imperatives mandate ward to continuing to work on these Mr. President, I originally drafted our commitment to Iraq’s success. important issues in the upcoming legislation to create the Special In- Success in Iraq is dependent on sev- months. spector General for Iraq, known as eral factors: controlling violence, cre- Over the past 6 years, Colorado has SIGIR, in order to ensure that there is ating a stable government of national suffered from ongoing natural disasters critical oversight of the Iraq Relief and unity, delivering basic services and the including drought. Unfortunately,

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4026 CONGRESSIONAL RECORD — SENATE May 4, 2006 many areas in Colorado continue to festations come through a forest, they I supported efforts on the floor to suffer from ongoing extreme weather leave behind entire stands of trees— strip some of the funding that does not conditions including drought, hail, and sometimes thousands of acres—that belong in the bill. I opposed efforts to frost. In particular, Colorado wheat are more susceptible to fire due to the table an amendment by Senator THOM- producers are estimating that this will dried-out conditions and increased fuel AS and a motion by Senator ENSIGN be the fifth below-average wheat crop loads in those forests. Just today, I that would have forced the Senate to in 6 years. learned from the U.S. Forest Service consider a bill with a smaller, and In addition, many Colorado farmers that Colorado has 280,000 acres of ap- more reasonable price tag. I also sup- and ranchers are suffering from eco- proved hazardous fuel reduction ported several amendments offered by nomic losses due to continually rising projects that are awaiting treatment, Senator COBURN and Senator MCCAIN gas prices. And what is true in Colo- with Forest Service funding only suffi- to eliminate funding in the bill for rado is true in many other States cient to conduct about a quarter of projects that, while they might have across the country. That is why I am those projects under the best cir- some merit, do not necessarily warrant an original cosponsor of Senator CON- cumstances. This situation represents emergency spending. If we are going to RAD’s emergency agriculture disaster a true emergency, and I am relieved pass emergency appropriations bills assistance package, and I am so pleased that we were able to address it in this that aren’t offset, we should be sure that it was included as part of this sup- bill. that the spending in those bills is fully plemental bill. Toward that end, I espe- Mr. FEINGOLD. Mr. President, I am justified. cially thank Senators CONRAD and voting for this legislation because it A portion of the floor debate on this COCHRAN, who worked very hard on provides important funding for our legislation was devoted to sky- these important provisions. I am so troops and for the people recovering rocketing energy prices. While signifi- pleased that the Senate has voted to from the devastation caused by last cant increases in fuel costs have af- provide immediate assistance to pro- year’s hurricanes. Unfortunately, I do fected all Americans, they have put the ducers across the country who have so with great reluctance because of two American farmer in an especially been devastated by a variety of natural fundamental problems with this meas- tough situation. Unfortunately, I have disasters. ure. serious concerns with how this problem While, overall, we are lucky in Colo- First, this bill continues the adminis- has been addressed in this bill. rado that this has been a better year tration’s fiscally irresponsible practice Under this bill, growers of program for many of our farmers and ranchers of funding our Iraq and Afghanistan op- crops—rice, feed grains, oilseeds, who have suffered from continuing nat- erations outside of the regular budget wheat, cotton and peanuts—who are ural disasters over the past several process. That problem is compounded only about a quarter of farm income years, many producers in southern and by the administration’s failure to receive $1.5 billion or 90 percent of as- eastern Colorado have been hit by enunciate a clear policy for how we sistance, while only $74.5 million is drought conditions once again. will conclude our military mission in provided for specialty crops, dairy and It has been downhill for the 2005 Col- Iraq. Our country needs a new vision livestock producers through a block orado winter wheat crop since last for strengthening our national secu- grant to States. Moreover, only the May. In fact, estimates show that it rity, and it starts by redeploying U.S. producers of program crops will receive will be the fifth below-average winter forces from Iraq and refocusing our at- assistance directly. The remaining 75 wheat crop in 6 years—with potential tention on the global terrorist threats percent of farmers will not receive di- losses to producers of over $60 million. that face us. As I noted earlier in the rect assistance, nor will they be as- In addition, increasing gas prices week, when I was prevented from offer- sured that any funds will find their have hit our rural communities hard, ing an amendment that would have re- way to them since those funds can also making it virtually impossible for quired redeploying the bulk of our be used for nutrition programs or mar- many producers to cover the unex- troops in Iraq by the end of the year, keting. Clearly there is a disconnect pected additional costs. During har- we should not be appropriating billions between the avowed purpose of this vest, agricultural producers are some of dollars for Iraq without debating— farm assistance and the details of how of the largest fuel consumers in the and demanding—a strategy to complete the program will operate, which is why United States and producers are facing our military mission there. Not when I supported Senator MCCAIN’s amend- enormous fuel costs. Farm fuel has in- the lives of our soldiers and the safety ment to strike a portion of this pro- creased by 79 percent from $1.40 per of our country are at risk. gram. gallon in September of 2004 to around Second, this bill has become the most I urge my colleagues in conference to $2.60 per gallon in September 2005. Col- recent vehicle for the explosion of un- take a close look at the details of this orado wheat producers have told me authorized spending that is finding its program. If the program’s intent is to that it would take a 40-bushel average way onto appropriations bills. In addi- help all farmers with their spiraling yield per acre and an average price of tion to providing funding for military fuel-related costs, the proposal falls se- $4.00 per bushel to cover all of these ad- operations in Iraq and Afghanistan, riously short. Even the modest step of ditional costs and break even. Unfortu- this bill was supposed to be limited to placing a payment limit on the $1.5 bil- nately, the average yield in 2005 was 24 addressing the very real needs arising lion for direct payments could provide bushels per acre, and the average price from Hurricane Katrina and other dis- hundreds of millions of dollars for both is projected at $3.34 per bushel. asters. a more equitable program and savings Finally, Mr. President, I wish to ex- Unfortunately, there seems to be an for taxpayers. press again how pleased I am that the attitude in Congress that is reflected in I am pleased that a compromise was Senate adopted my amendment to pro- the comments of one former Member of reached among my colleagues regard- vide an additional $30 million to reduce the other body, who was especially ing the K–12 educational funding for the risk of catastrophic fires and miti- skilled at advancing spending items: ‘‘I schools that have taken in displaced gate the effects of widespread insect in- never saw a disaster that wasn’t also students. Schools across the country, festations throughout the entire Na- an opportunity.’’ including some in Wisconsin, have tional Forest System. In the West, the Regrettably, this bill has provided opened their doors to the hundreds of seasonal wildfire potential outlook just such an opportunity to interests thousands of students who were dis- map shows above-normal fire danger seeking to circumvent the scrutiny of placed by Hurricanes Katrina and Rita. across the Western United States and the authorizing committees or of a I strongly support continued efforts to several Southern States, too, have in- competitive grant process. As a result, assist the schools that are educating creased fire dangers. One of the most this measure is larded up with spending these students. I am glad that this alarming factors in the wildfire out- for unauthorized programs. Worse, funding will be provided through title look this year is insect infestation. For none of this spending is paid for. It is V of the Elementary and Secondary example, my State of Colorado has all added to the already massive tab we Education Act, which allows local over 1.5 million acres that have been are leaving our children and grand- school districts to provide specific edu- infested by bark beetles. After these in- children. cational services to the schools, rather

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4027 than direct funding to private schools. coast. Losses to livestock and crop pro- much needed assistance from reaching This agreement will best serve our edu- duction in the gulf coast total in the our farmers and ranchers. The Bush ad- cators and students as they continue to hundreds of millions of dollars. Many ministration has even gone so far as to recover and heal from the devastation farmers in that part of the country will say that there has been no disaster at wrought by the hurricanes. not even have the opportunity to plant all, even though the Secretary of Agri- This legislation also includes signifi- their crops this season due to saltwater culture designated 101 of 102 counties cant funding to address critical foreign intrusion on their lands. in Illinois as disaster areas. Well, the policy concerns. An amendment intro- In addition, for farmers outside the Bush administration budget crunchers duced by Senator BIDEN sets aside gulf coast, the hurricane brought about aren’t talking to their own disaster ex- funding for a special envoy for Sudan. higher fuel prices and increased the perts, let alone farmers in western Illi- A special envoy is desperately needed cost of shipping as the Port of New Or- nois or ranchers in Texas or anyone to help bring peace to Darfur and to leans was temporarily closed. In my who is trying to pay rising energy costs help ensure that the peace agreement home State of Illinois, producers have while growing the wheat, corn, and between the north and south is adhered suffered one of the worst droughts soybeans that keep our people fed. to. This bill also includes key funding since 1895. The period from March 2005 Now is not the time to turn away needed for strengthening a peace- to February 2006 was the third driest from the thousands of farmers who will keeping mission in Darfur to help bring March to February period since 1895. depend on this assistance to purchase an end to what has become one of the Even with some very fortunate late equipment and stay in business this world’s greatest tragedies. rains, these drought conditions signifi- season. I ask my colleagues to join me This bill also includes funding for Li- cantly lowered both yields and the in expressing their support for these beria’s fragile postelection period, and value of the year’s harvest. important provisions that will provide support for Haiti’s tentative transition According to the USDA’s National some much needed relief for our na- to a democracy and for the Democratic Agricultural Statistics Service, NASS, tion’s agricultural producers. I hope Republic of the Congo’s upcoming elec- the value of Illinois’ corn crop de- the Senate will insist that agricultural tions. This funding is needed urgently creased by more than $1.1 billion, or assistance be included in the final sup- to help these countries make the about 25 percent, from 2004 to 2005 even plemental spending bill, notwith- much-needed transition to peace and as corn acreage increased. At least 10 standing the misguided positions of the democratic rule. counties in northeast and western Illi- White House and House on this impor- I have noted some of the important nois sustained greater than 20 percent tant matter. measures funded in this emergency losses in corn yields. Unfortunately, Mr. LEAHY. Mr. President, yester- supplemental and there are many farmers and ranchers are not expecting day I spoke on the floor about amend- more. Emergency supplemental spend- this crop year to reverse last year’s ment 3662 filed by Senator FEINGOLD ing measures are needed at times to trend. USDA’s Economic Research and cosponsored by myself and Sen- deal with true emergencies. However, Service, ERS, expects net farm income ators BYRD, SALAZAR, LIEBERMAN and to borrow a line from the President, to drop 23.2 percent this year, from COLLINS, concerning the Special In- this Congress is addicted to $72.7 billion to $56.2 billion, due in large spector General for Iraq. In that statement I pointed out that supplementals. I am glad that the Sen- part to stagnant crop prices and rising because of the administration’s deci- ate adopted Senator BYRD’s sense-of- energy costs. the-Senate amendment insisting that To make matters more difficult, the sion to request funds for Iraq recon- future war costs be included in the reg- price of diesel fuel has doubled since struction under traditional Foreign Op- erations accounts even though the ular budget. With this bill, total war- the summer of 2004. Fertilizer prices funds would be used to continue many related funding paid for through have taken off as well, increasing by of the same activities previously fund- supplementals will reach approxi- more than 30 percent per acre since ed under the Iraq Relief and Recon- mately $440 billion. That is an enor- 2001. Even with increased efficiency, struction Fund, it would end the Spe- mous sum of money and that does not these rising prices are hurting our Na- cial IG’s oversight of these funds. even include the nearly half trillion tion’s farming families. The Feingold amendment would have Because farmers use so much energy dollar annual defense budget. I hope ensured that the Special IG’s oversight running their tractors and combines, the Senate will stand firm on this issue continued, but the Majority opposed applying fertilizers, and hauling their and insist that any future spending for his amendment. the Iraq war goes through the regular products by truck to buyers and mar- As a result, we now have only the budget process. kets, these prices are squeezing the al- State Department Inspector General to Mr. President, I will vote for this ready thin profit margins of our Na- oversee these funds, even though that measure with the hope that the admin- tion’s producers. Especially when we office has no people in Iraq and no ca- istration will work with conferees to keep in mind that commodity prices pacity to undertake a job of this size eliminate the unjustified spending have stayed fairly level over the past 2 and complexity any time soon. slipped into this bill, and with a re- years we can see why these natural dis- I understand that my friend from newed determination to make sure asters and high energy costs may be Wisconsin went to the floor prior to that this body fully debates and votes putting our farmers at risk of losing the vote on cloture and waited for an on my proposal to redeploy our troops their farms. opportunity to offer his amendment, out of Iraq by the end of the year, and The provisions that some of my col- but he was unable to obtain floor time. refocus our resources on the fight leagues and the Bush administration After cloture was invoked his amend- against terrorism. seek to strike would provide assistance ment was ruled nongermane, and he Mr. DURBIN. Mr. President, I rise to producers who suffered crop losses was out of luck as far as getting a vote today to speak in support of the provi- due to natural disasters such as the on his amendment. sions in the supplemental spending bill drought in the Corn Belt and flooding The Special IG has uncovered wide- to assist agricultural producers suf- in various parts of the country, and to spread waste, fraud and abuse. Shock- fering from Hurricanes Katrina and those who lost livestock, such as Texas ing sums have been wasted by unquali- Rita, drought, wildfires, and other nat- ranchers in this year’s wildfires. The fied contractors who spent the tax- ural disasters. I would like to thank measures that are under attack here payer’s money as if it grew on trees, Chairman COCHRAN and Senator BYRD would also provide a direct payment to with little to show for it. Many for their work on this bill, as well as producers who are struggling to keep projects that have absorbed millions or my colleagues who have worked with their heads above water due to the rap- tens of millions of dollars will never be me on this matter since last summer’s idly increasing cost of fuel and other completed. Midwest drought. inputs. The Special IG has not won any pop- This has not been an easy year for This is what surprises me most—at ularity contests with the agencies our Nation’s farmers and ranchers. this trying time for our Nation’s farm- whose performance he is responsible for Hurricanes Katrina and Rita wreaked ers and ranchers, Members of Congress overseeing, nor with some in the ma- havoc on producers throughout the gulf are actively working to prevent this jority in Congress. However, they have

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4028 CONGRESSIONAL RECORD — SENATE May 4, 2006 never offered a substantive explanation gallon of gas hit $3.04 last weekend. In nations reliant on other nations’ oil ex- for ending his oversight of the Iraq re- some parts of the country, prices are ports. construction funds. even higher. And this winter, only mild We cannot keep running away from I do want to correct one of my state- weather kept people in colder parts of this problem. By failing to act on—or ments yesterday, when I said that the country like New England from even consider—any of the measures members of the majority party, in op- seeing record increases in their heating that were ready to be offered this week posing the Feingold amendment, were bills. and last week, this body missed an im- ‘‘acting on behalf of some in the Pen- Anyone who drives a car, buys or portant opportunity to provide tan- tagon and the White House who want sells anything shipped by truck or gible energy policy solutions for the to shut down the office of the Special plane, or turns on the heat when it’s American public, and an important op- IG.’’ cold, is paying record prices for energy portunity to strengthen U.S. national I am informed that members of the and enduring serious financial hard- security. And the end result, in my majority party were not acting on be- ship. view, is a great disservice to the Amer- half of the Pentagon and the White At current prices, the average driver ican people and to U.S. national secu- House. It was not my intention to im- can expect to spend about $1,440 more rity. pugn the integrity or character of my on transportation this year than they I will vote for the emergency supple- friends in the majority who I respect did just a year ago. That’s a big chunk mental bill because while our troops and have worked closely with for years, of money coming out of consumers’ are in harm’s way, I believe that we but rather to convey my strong dis- wallets and businesses’ bottom line. need to provide them with every nec- essary resource so they can come home agreement and disappointment with It’s also a real cause for concern for safely. But I frankly think that having their opposition to the Feingold the overall economy—it has the poten- more time to debate these issues and amendment and to the continued over- tial to create inflation and act as a amendments would have done much to sight of these funds by the Special IG. drag on economic growth. ensure the safety and security of our Mr. DODD. Mr. President, today I Meanwhile, while consumers are pay- troops and all Americans in the years wish to speak about the emergency ing more, a few large oil companies to come. supplemental bill and about the continue to reap record profits. Let me Ms. SNOWE. Mr. President, as Chair amendments related to the ongoing be clear that I do not begrudge a com- of the Senate Committee on Small conflict in Iraq and other pressing pany—any company—from making a Business and Entrepreneurship, I rise issues of the day. profit. The ability to earn a profit is today to address the impact of amend- For example, I am deeply dis- central to our capitalist system and ment No. 3810 proposed by the distin- appointed that Senator LEVIN and oth- the American spirit of entrepreneur- guished Senator from Illinois, Mr. ers who had Iraq-related amendments ship. But there is a big difference be- OBAMA. Strengthening competition in were not allowed to offer them tween profits and profiteering. And in the Hurricanes Katrina and Rita recon- postcloture. I would have supported the the opinion of many, the big oil compa- struction contracts is a worthy goal. Levin amendment, just as I supported nies—who control the market for their Along with my Senate colleagues from the underlying emergency supple- products—have been engaging in profit- both sides of the aisle, I have watched mental earlier today. eering on the backs of the American with disappointment the rush of Fed- Having said that, I think there is consumer. eral agencies such as the Department something very wrong with a process Regrettably, by invoking cloture on of Homeland Security, DHS, and the that doesn’t allow for full and open de- this bill, this body chose not to con- Federal Emergency Management Agen- bate on the emergency funding for Iraq sider measures that would have pro- cy, FEMA, to award hundreds of mil- and Afghanistan just passed by this vided timely relief to American con- lions in no-bid contracts. Since last body. That is why I voted against clo- sumers and would have strengthened fall, my Committee held three over- ture on the underlying bill earlier this our ability to prevent profiteering at sight hearings on the Gulf Coast hurri- week. the expense of American families and cane response and reconstruction ef- Indeed, the Senate just approved businesses. forts. Testimony at these hearings more than $67 billion in emergency I was ready to offer one such measure clearly established that small busi- supplemental funding for our combined with my colleague, the junior senator nesses have often been the victims of military engagements in Iraq and Af- from North Dakota. Many of my other no-bid reconstruction contracting. We ghanistan. But because of the special colleagues were planning to offer meas- received strong commitments from the rules of the Senate related to the con- ures of their own that also deserved Army Corps of Engineers, the Depart- sideration of appropriations matters, consideration by this body. The senior ment of Homeland Security, and the most amendments which would have senator from Oregon, for one, held the Small Business Administration to spoken to United States policy in Iraq floor for several hours last Thursday work hard to remedy this problem. or Afghanistan were ruled out of order asking for a vote on his amendment, In response to the efforts of my com- and never received an up-or-down vote, only to be refused by the majority. mittee and our counterpart committee or even an opportunity for full debate. America has an energy policy that is in the House, positive results are al- This fact has done a real disservice to rooted in the 19th century. We depend ready starting to show for small con- the American people and, I believe, left on fossil fuels that are increasing in tractors. As recently as March 31, 2006, the false impression that Congress is cost and limited in supply; that con- the SBA and FEMA jointly announced fully on board with our current poli- taminate our air, water, and food sup- 36 contracts valued at $3.6 billion cies. plies; and that are found predomi- which will be set aside for small and By limiting debate on this bill, I’m nantly in parts of the world that are small disadvantaged businesses, aimed afraid this body has also missed an im- politically unstable. Meanwhile, global at maintenance and deactivation of portant opportunity to address other demand is growing as countries like roughly 150,000 housing units. Priority issues of serious concern to the Amer- China require greater fuel supplies to for award of these contracts would go ican people, including, importantly, power their increasingly modern to local businesses. Federal agencies the high prices Americans are paying economies. are also beginning to award disaster re- at the pump for gas. The energy issue, This antiquated policy is having lief contracts to small businesses lo- I would add, is central in our efforts many adverse effects on our national cated in Historically Underutilized not only to promote a strong economy security. Frankly, if the industrialized Business Zones, HUBZones, as called and supplies for Americans at home, world had a secure alternative supply for by the Office of Management and but to our global efforts to secure U.S. of energy, we would likely better be Budget Guidelines for Using Emer- national security interests. able to address any number of major gency Procurement Flexibilities. The Since 2000, the price of a gallon of gas international security crises—includ- Senate fully supported these efforts by has more than doubled, even when ad- ing the genocide in Sudan and Iranian unanimously passing amendment No. justed for inflation. In my home state nuclear ambitions. Serious action to 3627 cosponsored by myself and Sen- of Connecticut, the average price for a address either issue is being stymied by ators VITTER, KERRY, LANDRIEU, and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4029 LOTT to make the gulf coast area a clarification and his support of small Mrs. MURRAY. I move to lay that HUBZone and to waive a law prohib- business contracting. motion on the table. iting small business set-asides in cer- The PRESIDING OFFICER. Under The motion to lay on the table was tain industries. All these acquisition the previous order, the question is on agreed to. strategies enlarge the Federal Govern- the engrossment of the amendments CHANGE OF VOTE ment’s supplier base, and are mandated and third reading of the bill. Mr. INHOFE. Mr. President, on roll- by the Federal Acquisition Regulation The amendments were ordered to be call No. 112, I voted yea. It was my in- when qualified small businesses are engrossed and the bill to be read a tention to vote nay. Therefore, I ask available. It is my understanding that third time. unanimous consent that I be permitted amendment No. 3810 was not intended The bill was read the third time. to change my vote since it will not af- to prohibit spending on these and simi- The PRESIDING OFFICER. The bill fect the outcome. lar efforts. I ask whether my distin- having been read the third time, the The PRESIDING OFFICER. Without guished colleague, the sponsor of the question is, Shall the bill pass? objection, it is so ordered. amendment, Senator OBAMA, had the Mr. COCHRAN. Have the yeas and (The foregoing tally has been same understanding? nays been ordered, Mr. President? changed to reflect the above order.) Mr. OBAMA. I thank the distin- The PRESIDING OFFICER. They The Presiding Officer appointed Mr. guished Chair of the Senate Committee have not. COCHRAN, Mr. STEVENS, Mr. SPECTER, on Small Business and Entrepreneur- Mr. COCHRAN. I ask for the yeas and Mr. DOMENICI, Mr. BOND, Mr. MCCON- ship for the opportunity to discuss this nays. NELL, Mr. BURNS, Mr. SHELBY, Mr. issue. I believe small businesses are the The PRESIDING OFFICER. Is there a GREGG, Mr. BENNETT, Mr. CRAIG, Mrs. heart of the American economy and I sufficient second? There is a sufficient HUTCHISON, Mr. DEWINE, Mr. BROWN- am committed to expanding opportuni- second. BACK, Mr. ALLARD, Mr. BYRD, Mr. ties for small businesses to compete for The clerk will call the roll. INOUYE, Mr. LEAHY, Mr. HARKIN, Ms. Federal contracts. The assistant legislative clerk called MIKULSKI, Mr. REID, Mr. KOHL, Mrs. One of the reasons I offered the the roll. MURRAY, Mr. DORGAN, Mrs. FEINSTEIN, amendment was my concern that non- Mr. MCCONNELL. The following Sen- Mr. DURBIN, Mr. JOHNSON, and Ms. LAN- competitive contracts have shut out ator was necessarily absent: the Sen- DRIEU conferees on the part of the Sen- small, local and disadvantaged busi- ator from Utah (Mr. HATCH). ate. nesses from contracting opportunities Further, if present and voting, the Mrs. MURRAY. Mr. President, I in the gulf coast. If we are serious Senator from Utah (Mr. HATCH) would wanted to take a minute to express my about restoring the gulf coast, we must have voted ‘‘yea.’’ deep gratitude to Chairman COCHRAN ensure that small and disadvantaged Mr. DURBIN. I announce that the who, as I stated earlier, has dem- businesses have the tools and opportu- Senator from West Virginia (Mr. onstrated extraordinary patience over nities necessary to create the local jobs ROCKEFELLER) is necessarily absent. the past 2 weeks we have been debating and provide the local services that are The result was announced—yeas 77, this supplemental bill. essential to a quick and sustainable re- nays 21, as follows: I also want to express my thanks to covery. The SBA has an important role The PRESIDING OFFICER (Mr. GRA- the ranking member, Senator BYRD, to play and should be actively using its HAM). Are there any other Senators in who has continued to demonstrate his authority to promote small business the Chamber desiring to vote? strong and resolute leadership on this growth and competitiveness. [Rollcall Vote No. 112 Leg.] bill. I want to be clear that it was not the YEAS—77 I also want to thank the many mem- intent of the amendment to interfere Akaka Dorgan Murkowski bers of our Appropriations Committee with small business set-aside programs Allen Durbin Murray staff who have worked very hard. that use appropriate competitive pro- Baucus Feingold Nelson (FL) First and foremost, I thank our staff cedures in the awarding of contracts. I Bayh Feinstein Nelson (NE) director and deputy staff director on Bennett Grassley Obama have been troubled by reports of out- Biden Harkin Pryor our side, Terry Sauvain and Chuck rageous overhead charges going to Bingaman Hutchison Reed Kieffer. large firms that just end up subcon- Bond Inouye Reid I also thank the majority staff direc- tracting the work anyway to small Boxer Jeffords Roberts tor, Keith Kennedy, and his staff, Clay- Brownback Johnson Salazar businesses. It is important to preserve Burns Kennedy ton Heil and Les Spivey. Santorum Byrd Kerry Federal Acquisition Regulations that Sarbanes I want to make special mention of Cantwell Kohl require contracts to be directed to Schumer the extraordinary hard work of B.G. Carper Kyl Shelby small businesses where responsible Chafee Landrieu Wright, Kate Fitzpatrick, and Rachael small firms are available to provide the Clinton Lautenberg Smith Taylor. They have been keeping us all Snowe government with quality products and Cochran Leahy on track on this side as to which of the Coleman Levin Specter services at fair prices. Collins Lieberman Stabenow hundreds of filed amendments have My amendment is directed at large Conrad Lincoln Stevens been cleared and which have not. Government contracts and seeks to Cornyn Lott Talent Finally, I thank Peter Rogoff who prevent no-bid deals that deprive all of Dayton Lugar Thune has dedicated his life on the Senate DeWine Martinez Vitter us of the benefits of fair competition. Dodd McConnell Voinovich floor for the last 2 weeks above and be- My amendment should not limit Fed- Dole Menendez Warner yond the call. eral funds for contracts legitimately Domenici Mikulski Wyden I thank all our staff and floor staff set aside for competition among small NAYS—21 for being here many long hours for the business concerns. Small businesses Alexander Crapo Hagel completion of this bill. help competition and competition Allard DeMint Inhofe I yield the floor. helps small businesses. When a con- Bunning Ensign Isakson Mr. COCHRAN. Mr. President, I Burr Enzi McCain thank the distinguished Senator from ference committee gets appointed on Chambliss Frist Sessions this bill, I will communicate this un- Coburn Graham Sununu Washington for her kind remarks and derstanding to the conferees. Craig Gregg Thomas for her leadership and assistance in Again, I thank the distinguished NOT VOTING—2 getting this bill prepared by our com- leader of the Senate Committee on mittee, and for handling the duties of Hatch Rockefeller Small Business and Entrepreneurship, managing the bill on the floor of the and I look forward to continuing to The bill (H.R. 4939), as amended, was Senate. work with her to strengthen small passed, as follows: Senator BYRD, of course, the senior businesses and to expand opportunity (The bill will be printed in a future Democrat on the committee, has been throughout the American economy. edition of the RECORD.) an inspiration to me and a true leader Ms. SNOWE. I thank the distin- Mr. COCHRAN. Mr. President, I move in every sense of the word in our com- guished Senator from Illinois for his to reconsider the vote. mittee and in the Senate for a long

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4030 CONGRESSIONAL RECORD — SENATE May 4, 2006 time. He continues to be a very impor- UNANIMOUS CONSENT AGREE- unity of the Nation, including the National tant friend to me. I am very grateful MENT EXECUTIVE CALENDAR Anthem, the Oath of Allegiance sworn by for that friendship. I join Senator MUR- new United States citizens, and the Pledge of Mr. ALEXANDER. Mr. President, I Allegiance to the Flag of the United States, RAY in commending our staff. But, first ask unanimous consent that at 2:15 of all, I think I should mention my ap- should be recited or sung in English, the today, the Senate proceed to executive common language of the United States. preciation for the majority leader, BILL session for consideration en bloc of the This is not a resolution about what FRIST; and HARRY REID, the Demo- following nominations: No. 617, Brian cratic leader, for giving us the latitude we are free to do in the United States; Cogan, to be U.S. district judge for the and the authority to manage this bill this is about what we ought to do in Eastern District of New York; No. 618, on the floor of the Senate for the Com- the United States. It is very straight- Thomas Golden, to be U.S. district mittee on Appropriations to help en- forward. It does not infringe on any- judge for the Eastern District of Penn- sure that every Senator had an oppor- one’s right to free speech, or prohibit sylvania. tunity to speak and offer amendments, translation. It does not say Americans I further ask consent that the fol- to be a part of the passage of this bill should not learn a second language. In lowing Senators then be recognized to in every sense of the word. We appre- fact, I encourage our children to learn speak: Senator SPECTER for 5 minutes; ciate the leaders giving us that author- a second language or even a third lan- ity and for not trying to manage the Senator LEAHY for 5 minutes; Senator guage to better compete in this global bill from their offices. I really appre- SANTORUM for 5 minutes. Further, fol- economy. ciate that. lowing the use or yielding back of The resolution does say that we be- Also, I have to commend the staff time, the Senate proceed to votes on lieve that we Americans ought to re- members on our side: Keith Kennedy, the confirmation of the nominations in cite the pledge and sing ‘‘The Star- staff director, who has been working in the order listed above; provided that Spangled Banner’’ and other state- the Senate for the Appropriations Com- following the votes, the President be ments and songs that unite us as a Na- mittee for a good many years. He has a immediately notified of the Senate’s tion in the language that unites us as lot of experience. He is a person of action and the Senate resume legisla- a Nation, English. great integrity, and I am very fortu- tive session. Last Monday, every Senate office re- nate that he has agreed to serve as Mrs. MURRAY. There is no objection ceived a request for the resolution to staff director of this committee and on the Democratic side. be passed by unanimous consent. I continue to provide guidance and su- The PRESIDING OFFICER. Without would not expect this resolution to just pervision for all of the members of the objection, it is so ordered. be bipartisan, I would expect it to eas- staff of the Committee on Appropria- f ily be unanimous. That request was tions. MORNING BUSINESS agreed to by every Republican, but on We are very proud of all of the staff. the other side someone objected. Mr. ALEXANDER. On behalf of the Those who have been particularly help- Should I assume that the Democratic leader, I ask unanimous consent that ful to me during the handling of this side objected because they believe we there now be a period of morning busi- bill, in addition to Keith, include Clay- Americans should, at least some of the ness with Senators permitted to speak ton Heil, our counsel for the com- time, sing our national anthem in for up to 10 minutes each. mittee, who has been on the floor of Spanish or some other foreign lan- the Senate for much of the handling of The PRESIDING OFFICER. Without objection, it is so ordered. guage? Do they believe we should re- the bill; Les Spivey, who is also a mem- cite the Pledge of Allegiance in Chi- ber of the full committee staff, he does Mr. ALEXANDER. Mr. President, I ask unanimous consent that I be al- nese, which is the second most spoken a good job as well. I guess you could foreign language in the United States? say he is our token Mississippian who lowed to speak for up to 10 minutes in morning business. This is important. It is important is on the first team of the committee enough that we inscribed in this Cham- staff. The PRESIDING OFFICER. Without objection, it is so ordered. ber, above the Presiding Officer, our Terry Sauvain has been someone original motto for this country: ‘‘One with whom I have enjoyed working for The Senator is recognized for 10 min- utes. from many.’’ It is not ‘‘Many from a number of years. He has worked one.’’ Our greatest accomplishment as closely with Senator BYRD for a good f a country is not our diversity, which is many years. We appreciate Terry’s con- RECITING OR SINGING STATE- a magnificent achievement; our great- tinued good assistance, particularly in MENTS OF NATIONAL UNITY IN est accomplishment is we have taken the handling of this bill. ENGLISH Chuck Keiffer and Peter Rogoff— all of this diversity and made it into one country. And we have a few things Peter works for Senator MURRAY on Mr. ALEXANDER. Mr. President, I the committee staff and has a lot of ex- am here today because I may have mis- that unite us: our common history, the perience. He has been very helpful to us understood the actions on the other principles of our founding documents, as we have managed this bill in the side of the aisle. Something rather sur- and our common language. If we should Senate. prising has occurred. It would appear lose that, we would be a United Na- I thank David Schiappa, Laura Dove, from their actions that my colleagues tions, not the United States of Amer- and Jodie Hernandez. They have been in the Democratic Party seem to be- ica. at the desk keeping up with all of the lieve that we ought to sing the na- This is important because this is the amendments, colloquies, and order of tional anthem, say the Pledge of Alle- emotion which underlies most of the business, and keeping people advised giance, and take the oath of citizenship immigration debate we are having. The through cloakroom telephones and an- in this country in something other concern among many Americans, other swering Member’s questions when they than our common language, English. than the rule of law which has to do come onto the Senate floor. They go to Here is why I say that. On Monday, with securing the border, is to make that spot and ask for the pending busi- along with several other Senators, I in- sure that those who come to our coun- ness or what the order of amendments troduced a very simple resolution, a try become Americans. And we do not may be. They have been absolutely pro- resolution affirming that statements of do that by race, we do not do that by fessional and diligent and helpful in national unity, especially the Pledge of ethnicity, we do not do that by what every way. Allegiance and the national anthem, country an immigrant comes from, we On the Democratic side, I thank ought to be recited or sung in our com- do it by a few simple uniting ideas: our Marty Paone and Lula Davis for help- mon language, English. That is all it founding documents, our common his- ing to keep up with things for the says. tory, and our common language. Democrats and helping to provide ad- Let me read the relevant part of the This has been true for a long time in vice and counsel to all of us who have resolution. It says: our country. When a legal immigrant been involved in the handling of this Now, therefore, be it comes to the United States—and this bill. We are deeply grateful for their Resolved, that the Senate affirms that has been the law for 100 years—and he assistance. statements or songs that symbolize the or she applies to become a citizen, he

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4031 or she must, by law, demonstrate an side from Senator KENNEDY, from Sen- I am part German, I am part Scots- eighth grade level of understanding of ator REID, and especially from Senator Irish, I am part French. So many of the the English language. BYRD. people of my State came here from It was 150 years ago we founded com- I might note that in the House of Scandinavian and German countries. mon schools. We call them public Representatives, some Democrats have They are intensely proud of their tradi- schools today. Albert Shanker, the already chosen to cosponsor this same tions. Many of them continue to speak former head of the American Federa- identical resolution. It has been offered the languages they came to this coun- tion of Teachers, said the reason for by Congressman RYUN of Kansas. I try with, but almost without exception the common school was so we could have a hard time understanding why they made a priority of learning teach mostly immigrant children to Democrats in the Senate are not sup- English, speaking in English. I believe read and write in English, to do math, portive. Maybe I just made a mistake. that is essential to our common herit- and what it means to become an Amer- Maybe I misunderstood what has hap- age, that we have a common language. ican, with the hope they would go pened. So let me try once again. I personally certainly believe that in home and teach their parents. I ask unanimous consent that S. Res. any official setting, we ought to sing We have always known it is impor- 458 be discharged from the Judiciary the anthem in English, we ought to say tant as Americans to have a common Committee; further, that the Senate the pledge in English. If someone wants language because that is how we can proceed to its consideration. I further to, at some other setting, sing in some communicate with one another. Immi- ask that the resolution and preamble other language, that does not offend grants to our country understand this. be agreed to and the motion to recon- me, but in any official setting and in That is why they come here. They want sider be laid upon the table. terms of what we ask and insist people to be part of our country that shares Mrs. MURRAY. Mr. President, on be- do who are going to be part of our the values of liberty and equal oppor- half of other Democratic Members, I country, it is absolutely imperative tunity. They want to contribute to our will object. they learn English. That is not just for history of striving toward those values. The PRESIDING OFFICER. The ob- the good of the country, although it is They want to learn our common lan- jection is heard. certainly that, it is also for their own guage, and usually do, as evidenced by Mr. ALEXANDER. I think that good. long waiting lists for a number of makes my point. Apparently, I did not My wife’s family came here from English as a second language adult misunderstand. Apparently, the Demo- Italy. My wife told me many times education courses across our country. cratic Party in the Senate does not about growing up in that family. Her That is why this Senate, just a few agree that we should say the Pledge of grandfather for a time came and lived weeks ago, passed an amendment to Allegiance, sing the national anthem, with them. There was an insistence in the immigration bill by a vote of 91 to and take the oath of citizenship in our their family on speaking English even 1 to help legal immigrants learn common language, English. That is a though the grandfather who lived with English and to allow those who become grave misunderstanding of our coun- them spoke no English. fluent in English to become American try’s greatest accomplishment. Our di- I find many who come from an immi- citizens 1 year faster. versity is a magnificent achievement, grant background—as did I, as did my We value our common language. It but our greater achievement is that we wife and her family—in our families, isn’t an argument that is hard to un- have taken all of this diversity and there was an understanding that the derstand. In fact, when I first an- formed it into one country so that we first order of business was to learn nounced this resolution, the first sup- are the United States of America. It is English, to speak English if we were portive e-mail I received in my office a central part of becoming American. going to be part of this country of came from Mr. Ramon L. Cisneros, the I am extremely disappointed by this which we are so proud. publisher of La Campana, a Spanish- objection. I hope very much this is not pre- language newspaper in Nashville with The PRESIDING OFFICER. The Sen- sented as a partisan matter. I don’t 18,000 subscribers. ator from North Dakota. think it is. As one person on this side He wrote: f of the aisle, I believe it is imperative that we take the pledge in English, . . . Thank you for this resolution. We are ENGLISH IN AMERICA Hispanic Americans and sometimes we write that we sing the anthem in English, in Spanish for the benefit of those new- Mr. CONRAD. Mr. President, let me that we insist that people who come to comers who are in the process of learning say that Democrats and Republicans be part of this country learn English. I English. However, our common language as are perhaps not all of one mind on the believe it is absolutely essential that Americans is and will always be English. question the Senator just raised. English clearly be the official language And our national symbols should always be I personally believe it is absolutely of our Nation. That is absolutely im- said and sung in English. essential to the strength of America perative for us as a country. I didn’t ask Mr. Cisneros to write to that we encourage and insist that peo- I also believe it is absolutely in the me, but I am glad he did. He is proud of ple who come to this country speak in interest of the people who come here. his Hispanic heritage. He performs an English. A common language is abso- That is certainly the lesson learned in important service for Hispanics in the lutely essential to the unity of a na- my family, of people coming from all Nashville area, which is a growing part tion. I look to our neighbors to the over the globe. My relatives who came of our State, but he is also a proud, pa- north and see the incredible traumas from Denmark, my relatives who came triotic American. Our country is en- they have been through because they from Sweden, my relatives who came riched by citizens like Mr. Cisneros. are speaking in two different lan- from Norway, and my relatives who I am puzzled by the reaction from guages. came from Germany were so proud to some of my colleagues in the Demo- My own strong belief is we ought to be part of this country. And they rec- cratic Party who seem to want to en- say the pledge in English, we ought to ognized that it was in their interest dorse the idea that we should sing the sing the national anthem in English. and it was their responsibility as a national anthem in some other lan- That doesn’t prevent someone else first order of business to learn English. guage and recite the Pledge of Alle- from singing it in another language. f giance in some other language. We sa- That does not offend me. But I do lute the American flag. We pledge alle- think that it is absolutely essential for SUPPLEMENTAL APPROPRIATIONS giance to the United States, and we the strength and the unity of our Na- AND AGRICULTURE DISASTER speak in our common language. That is tion that those who come here, those ASSISTANCE how we unite ourselves. who become citizens, are able to speak Mr. CONRAD. Mr. President, I rise to Also, we might do a little bit better English. talk about the legislation we have just if we taught more U.S. history and I come from a proud tradition of im- passed and to say to my colleagues civics in our public schools, which is migrants. We are sort of the North Da- there are provisions in the legislation another subject I have been working on kota melting pot. I am part Danish, I for agriculture disaster that have been with strong support on the Democratic am part Swedish, I am part Norwegian, ridiculed in some circles. I would say

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4032 CONGRESSIONAL RECORD — SENATE May 4, 2006 that those who have ridiculed the no- As shown in this picture, this is APRIL 25, 2006. tion of disaster assistance for our Na- North Dakota last year. These are Hon. SAXBY CHAMBLISS, tion’s farmers are way off base, and tractors stuck in the mud. They could Chairman, Agriculture, Nutrition and Forestry they really do not know what they are not plant. And in hundreds of thou- Committee, U.S. Senate, Washington, DC. sands of additional acres where they Hon. THAD COCHRAN, talking about. Chairman, Appropriations Committee, U.S. Sen- I was extremely disappointed in the were able to plant, they got dramati- ate, Washington, DC. Secretary of Agriculture, who has sug- cally reduced production. In those Hon. TOM HARKIN, gested the only problem that farmers places they got production, when they Ranking Member, Agriculture, Nutrition and have is in the gulf of this country. went to the elevator, they got dramati- Forestry Committee, U.S. Senate, Wash- Look, we recognize that no part of the cally discounted prices. Why? Because ington, DC. country was harder hit by Hurricanes of a disaster of enormous con- Hon. ROBERT C. BYRD, Katrina and Rita than the gulf region. sequence—no, not as severe as Hurri- Ranking Member, Appropriations Committee, And these legislative proposals that canes Katrina and Rita, where there U.S. Senate, Washington, DC. DEAR CHAIRMAN CHAMBLISS AND CHAIRMAN are in this bill will first and foremost was loss of life, which we mourn along COCHRAN, SENATOR HARKIN AND SENATOR help them because these are national with those who lost loved ones. We ab- BYRD: On behalf of the below signed organi- provisions, these are not provisions solutely respect that they had, by far, zations, we are writing to urge you to oppose just for one section of our country. the biggest catastrophe. And this legis- any efforts to delete the agricultural dis- But to suggest that nobody else in lation will primarily help them. aster assistance provisions from the FY06 the country has had serious problems, I am the author of this legislation. I Emergency Supplemental Appropriations that reflects an ignorance that ill be- had 27 cosponsors, on a bipartisan bill when it is considered by the full Senate. comes the Secretary of Agriculture, ill basis, in the Senate. When it was of- Virtually every state in the nation has becomes a man who is supposed to be fered in the Appropriations Committee, been impacted by significant weather related the spokesman for this Nation’s farm- and disaster losses. About 80 percent of U.S. it passed on a unanimous vote. When counties were declared disaster or contig- ers and ranchers. there was an attempt to take out this uous disaster counties last year due to dev- Yes, Hurricanes Rita and Katrina assistance on the floor of the Senate, 72 astating hurricanes, fires, floods, excessive devastated the gulf, and they deserve Senators said: No, we are not going to moisture and severe drought. Besides heavy first-priority consideration. But they take out disaster assistance for our Na- crop and livestock losses and increased pro- were not the only ones hurt. Here are tion’s farmers and ranchers. That was duction costs associated with rapidly esca- the headlines out of North Dakota: the right decision. And, yes, this lating input costs, many producers also face ‘‘Rain Halts Harvest;’’ ‘‘North Dakota should be national in scope because ev- contaminated fields and infrastructure Receives Major Disaster Declaration;’’ eryone who is an American who suf- losses that pose serious, long-term chal- ‘‘Heavy Rain Leads To Crop Diseases;’’ lenges to economic recovery. fered a natural disaster deserves some We appreciate recent supplemental assist- ‘‘Beef Crop Could Be The Smallest In 10 assistance. ance offered to help some of the victims of Years;’’ ‘‘Crops, Hay Lost To Flood- Not only did farmers and ranchers the 2005 hurricane season. Unfortunately, ing;’’ ‘‘Rain Takes Its Toll On North suffer egregiously in different parts of this assistance is not available to all farmers Dakota Crops;’’ ‘‘Area Farmers Battle the country from different types of and ranchers who suffered devastating losses Flooding, Disease.’’ natural disasters, but they were also due to hurricanes. Furthermore, none of the Those were the headlines all across hit with a second blow, and that was a supplemental assistance is available to pro- my State last year. dramatic runup in agricultural energy ducers who suffered significant economic Shown on this chart are the number inputs. Every part of agriculture is de- losses to crop and livestock operations as a of counties in my State—they are the pendent on inputs that are based on pe- result of fires, flooding, drought, excessive counties in yellow—that were given moisture and the record-high energy costs troleum—whether it is fuel, with the brought on by natural disasters. disaster designations by the Presi- cost up $3 billion; fertilizer, with the Because of the urgent need for disaster as- dent—by the President—last year. cost up $1.4 billion; marketing, storage, sistance and the widespread losses which They are the counties in yellow. I say and transportation, with the cost up span the country, we believe the provisions to the Presiding Officer, you will no- $400 million; electricity, with the cost in the supplemental appropriations measure tice every single county was designated up $200 million—with total energy-re- are crafted in a manner that offers producers a disaster. Why? Because we had rain- lated costs up $5 billion in one year in the combination of supplemental direct as- fall 250 percent of normal. I do not agriculture. sistance and production loss assistance that know what is happening. Some say it is That had a devastating effect in my is both timely and tailored to meet all dis- global climate change. Some say it is a aster-related losses. Many producers need as- State. I just had a series of farm meet- sistance within weeks to repay loans and se- weather cycle. I do not know. But I do ings in which farmers brought to me cure new financing in time for spring plant- know the result. their operating statements—the dif- ing, so prompt action on this measure is vi- The result is this, as shown in this ference between last year and this tally important given that traditional pro- picture: The result is farms all across year—and income was cut in half—cut duction loss assistance can take up to six North Dakota that looked like they in half—in 1 year because of natural months. were in the middle of lakes last year. disasters, because of discounted prices, Thank you for your consideration of our This is what eastern North Dakota because of a failure to even be able to views. looked like last year, when we had a plant, and, on top of that, because of Sincerely, million acres of land that was even pre- Agricultural Retailers Association. dramatically escalating energy prices. Alabama Peanut Producers Association. vented from being planted—a million And we have a Secretary of Agri- American Beekeeping Federation. acres. culture who says there is no problem American Farm Bureau Federation. The Secretary of Agriculture said outside the Gulf States? Excuse me, American Sheep Industry Association. there is no problem outside the gulf. Mr. Secretary, where have you been? American Soybean Association. Where has he been? Who is he listening Shame on you for providing that kind American Sugar Alliance. to? Does he not do even the least of false statement to the American Farm Credit Council. amount of homework before he makes Florida Peanut Producers Association. people. Georgia Peanut Commission. these statements? We need a new Sec- Here, shown on this chart, are the ag- Independent Community Bankers of Amer- retary of Agriculture, if that is what ricultural groups that endorsed the leg- ica. he reports to the President. islation, the disaster assistance that National Association of Wheat Growers. These are the acres prevented from we passed—22 groups—the broad spec- National Barley Growers Association. being planted in North Dakota last trum of American agriculture saying: National Corn Growers Association. year—over a million acres that could Yes, disaster assistance is essential. National Cotton Council. not even be planted—and this Sec- Mr. President, I ask unanimous con- National Council of Farmer Cooperatives. retary of Agriculture says there is no sent to have this material printed in National Farmers Union. National Sorghum Producers. problem outside the Gulf States? the RECORD listing the 22 groups. National Sunflower Association. Mr. Secretary, you ought to get with There being no objection, the mate- Southern Peanut Farmers Federation. it. You ought to inform yourself before rial was ordered to be printed in the USA Dry Pea and Lentil Council. making such ridiculous statements. RECORD, as follows: USA Rice Federation.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4033 US Canola Association. MEDICAL CARE ACCESS of Henderson, Nevada. Dr. Alamo was US Rice Producers Association. PROTECTION ACT presented with a teenager suffering Western Peanut Growers. Mr. ENSIGN. Mr. President, yester- from myasthenia gravis. She was in a Mr. CONRAD. Maybe the Secretary crisis and in need of immediate med- of Agriculture might want to inform day, I introduced the Medical Care Ac- cess Protection Act to address our Na- ical treatment. Because of the medical himself of what has been said. liability situation, there was no emer- Finally, I have a letter from the tion’s medical liability crisis. gency neurologist on call to assist this State agriculture commissioners tell- High medical liability insurance pre- young woman. Dr. Alamo called several ing us, unanimously, disaster assist- miums are threatening the stability of in the area, and none of them wanted ance was necessary and needed. our Nation’s health care delivery sys- Mr. President, I ask unanimous con- tem. These rates are forcing many doc- to take her case because of the medical sent that the letter be printed in the tors, hospitals, and other health care liability situation. So Dr. Alamo had RECORD. providers to move out of high-liability the young woman transported to Cali- There being no objection, the mate- States, limit the scope of their prac- fornia by helicopter to receive the rial was ordered to be printed in the tices, and even close their doors perma- medical care she needed. RECORD, as follows: nently. These kinds of situations should not The crisis is affecting more and more happen and should not be forced to THE NATIONAL ASSOCIATION OF patients and is threatening access to STATE DEPARTMENTS OF AGRICULTURE, happen because of the medical liability Washington, DC, April 20, 2006. reliable quality health care services in crisis we have in America today. Sto- MEMBERS OF THE U.S. SENATE. many States across our country. ries such as these are becoming all too DEAR SENATOR: I am writing on behalf of Because of unaffordable medical li- common across our country. the state commissioners, secretaries and di- ability insurance premiums, it is now I recently heard of seven patients rectors of agriculture to express our strong common for obstetricians to no longer who died in Chester County, Pennsyl- support for emergency disaster assistance for deliver babies, and for other specialists vania, because they did not have access farmers and ranchers as agreed to by the to no longer provide emergency calls or Senate Appropriations Committee in H.R. to neurosurgical care. These patients 4939, the FY 2006 Emergency Supplemental provide certain high-risk procedures. were transported to neighboring coun- Appropriations Act for Defense, the Global Ask yourself this question: What if ties instead of being treated locally War on Terror and Hurricane Recovery (re- you were in need of an emergency pro- where there was no available neuro- port 109–230) Assistance is necessary to help cedure? What if you were the woman surgeon. Some of these patients died farmers, ranchers and their communities re- who had a high-risk pregnancy and during transport, and others died while coup from financial losses due to-hurricanes, could not find a specialist to provide on the operating table. This is unac- drought, fires, tornadoes, floods, and other you with the care you needed? The natural disasters. ceptable. medical liability crisis is threatening Women’s health care is also in seri- Nearly all states have been affected by nat- access to reliable quality health care ural disasters and in turn many farms and ous jeopardy. In Pennsylvania, the ranches across this country have suffered services this is happening to patients legal climate caused nine maternity losses and damages. About 80 percent of U.S. all over America. wards to close over the past several Additionally, some emergency de- counties were declared disaster or contig- years. And hundreds of OB/GYNs have partments have been forced to tempo- uous disaster counties in the last year. While left the State, retired, or limited their there are risk management programs, such rarily shut down in recent years. In my services. This story is being repeated as crop insurance, disaster loans, and emer- home State of Nevada, our level I trau- all over America. gency grazing; the relief needed greatly ex- ma center closed for 10 days in 2002. The bottom line is that patients can- ceeds the levels these programs can provide. This closure left every patient within a not get the health care they need when Supplemental assistance is being offered to 10,000 square mile area unserved by a farmers and ranchers harmed by the 2005 they need it most. By definition, I be- hurricane season, however, not all producers level I trauma center. Jim Lawson, unfortunately, was one lieve this is a medical crisis. This crisis will be able to attain the necessary levels of is affecting more and more patients, assistance to return to viable production lev- of those in need of the trauma unit at that time. Jim lived in Las Vegas, and and it is threatening access to care. els. To address the growing medical li- In addition, the weather-related damages was just one month shy of his 60th and losses in agriculture have significantly birthday. He had recently returned ability crisis in my State of Nevada, affected specialty crop producers and nurs- from visiting his daughter in Cali- legislation was enacted that includes a ery businesses. States appreciate the provi- fornia. When he returned, he was in- cap on noneconomic damages and a cap sion that also provides grants to states that jured in a severe car accident. on total damages for trauma care. can be used to provide economic assistance Jim should have been taken to Uni- In order to control health care costs to agricultural producers, and gives priority and make health care more readily to the support of specialty crops and live- versity Medical Center’s level I trauma center, but it was closed. Instead, Jim available, we must extend similar pro- stock. This section demonstrates how the tections to other States. federal government and states can partner was taken to another emergency room, with one another in directing assistance to where he was to be stabilized and then Our entire Nation needs serious med- those who need it most. transferred to Salt Lake City’s trauma ical liability reform now. We understand that the Senate will con- center. Tragically, Jim never made it Without Federal legislation, the exo- sider this legislation when they return from that far. He died that day due to car- dus of these providers from the prac- the Easter Recess NASDA strongly urges diac arrest caused by blunt force from tice of medicine will continue, and pa- your prompt action and support of this emer- tients will find it increasingly difficult gency assistance. We look forward to work- physical trauma. Why was Nevada’s only level I trau- to obtain needed care. This is not a Re- ing with you and your staff on this issue so publican or Democratic issue; this is a important to agriculture. ma center closed? A simple fact: Med- Sincerely, ical liability premiums could not be af- patient issue. Simply put, patients can- J. CARLTON COURTER, III, forded by the doctors, and there were not find access to care when they need Commissioner, NASDA President. not enough doctors to provide care. it most in many areas. Mr. CONRAD. Mr. President, I hope The State had to actually step in and I introduced the Medical Care Access the Secretary of Agriculture gets the take over the liability to reopen the Protection Act to address the national message—gets the message—disaster trauma center. crisis our doctors, hospitals, and those assistance is needed in this country. More than 35 percent of neuro- needing health care face today. My leg- I thank the Chair. surgeons have altered their emergency islation is a comprehensive medical li- The PRESIDING OFFICER. The Sen- or trauma call coverage because of the ability reform measure. The bill sets ator from Nevada. medical liability crisis. This means reasonable limits on noneconomic Mr. ENSIGN. Mr. President, I would that patients with head injuries or in damages, while also providing for un- like to speak in morning business and need of neurosurgical services must be limited economic damages. ask unanimous consent to speak for up transferred to other facilities, delaying The Medical Care Access Protection to 10 minutes. much needed care. Act is a responsible reform measure The PRESIDING OFFICER. Without An example of this problem was that includes joint liability and collat- objection, it is so ordered. brought to my attention by Dr. Alamo eral source improvements, and limits

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4034 CONGRESSIONAL RECORD — SENATE May 4, 2006 on attorney fees according to a sliding The Medical Care Access Protection The yeas and nays were ordered. award scale. Act is not a battle of right versus left; Mr. SPECTER. Mr. President, I en- My legislation also includes an ex- it is a battle of right versus wrong. dorse the nomination of Brian Mark pert witness provision to ensure that This bill is the right prescription for Cogan for the U.S. District Court for relevant medical experts serve as trial patients. We need to secure patient ac- the Eastern District of New York. Mr. witnesses instead of so-called ‘‘profes- cess to quality health care services Cogan graduated from the University sional witnesses’’ who are used to fur- when they need it most. of Illinois in 1976, and received a law ther abuse the system and further Let’s make sure expectant mothers degree from Cornell in 1979. He is ad- drive up medical costs. have access to OB/GYNs and trauma mitted to the bar in both New York My bill also preserves States’ rights care victims have access to necessary and Florida. From 1979 to 1980, he was by keeping the State medical liability services in their hour of most critical a law clerk for Judge Aronovitz in the statutes in place and by allowing need. And let’s make sure we continue U.S. District Court for the Southern States that enact medical liability re- to provide patients with the oppor- District of Florida, and he was an asso- form bills in the future to supersede tunity to receive affordable, accessible, ciate and later a partner and general the Federal limits on damages. and available health care for years to counsel for the law firm of Stroock & The Medical Care Access Protection come. Stroock & Lavan. Act uses the Texas style of caps on The Medical Care Access Protection Mr. Cogan possesses the qualifica- noneconomic damages which has Act is substantially different from leg- tions to be an outstanding Federal brought real reform to the Texas liabil- islation we have brought to the Senate judge. He had a hearing before the Ju- ity system. This provides a cap of floor in previous years, and it warrants diciary Committee, which I chair, and $250,000 for a judgment against a physi- serious consideration. we voted him out unanimously. cian or a health care professional. In We are going to have a vote on Based on his record, I urge my col- addition, the patient can be awarded up whether to even debate this bill next leagues to support his confirmation to $250,000 for a judgment against one week. The American people need to today. health care institution. Judgments contact their Senators. They need to I thank the Chair and yield the floor. against two or more health care insti- say: Let’s bring the bill to the floor Mr. LEAHY. Mr. President, this tutions cannot exceed $500,000, with and have an open and honest debate on afternoon the Senate will confirm two each institution liable for not more this measure. Are you going to stand more lifetime appointments to the than $250,000. Thus the noneconomic with the trial lawyers, or are you going Federal judiciary, Thomas Golden of damages can total $750,000. to stand with the patients in America? Pennsylvania and Brian Cogan of New The Texas style of caps on non- That is the question we have to ask York. These confirmations will bring economic damages is working. Patients ourselves. It is time for us to stand the total number of Senate-confirmed are experiencing better access to with the patients. If the people of judicial appointments since January health care, and Texas communities America want change, they will have 2001 to 240, including the confirmations are finding it easier to recruit new doc- to contact their legislators. This has to of two Supreme Court Justices and 43 tors. At least 3,000 new doctors have es- be a grassroots effort that rises up circuit court judges. tablished practices in Texas since the from across the country. Democrats in the Senate have been law’s passage in 2003. Many of these I believe the time for action is now. cooperative in considering and con- doctors are serving in medically under- As we consider this bill, I hope Sen- firming consensus nominees. In fact, served areas of the State. Some coun- ators will put aside partisan differences 100 judges were confirmed during the 17 ties, such as Cameron County along the and political alliances and will put the months when there was a Democratic Texas-Mexico border, are experiencing patients of America first. majority in the Senate compared to unprecedented success in physician re- I yield the floor and suggest the ab- only 140 judges in the other 45 months cruitment—the opposite of what is hap- sence of a quorum. under Republican control. pening in Pennsylvania. The PRESIDING OFFICER (Mr. VIT- This morning, the Senate Judiciary The number of medical specialists in TER). The clerk will call the roll. Committee reported out another five Texas is also growing. Patients have The assistant legislative clerk pro- judicial nominees unanimously. When access to more specialists and emer- ceeded to call the roll. they are considered and confirmed by gency room physicians. Since 2003, Mrs. MURRAY. Mr. President, I ask the Senate, we will not only reach 245 Texas has gained a total of 93 ortho- unanimous consent that the order for judicial confirmations, but we will pedic surgeons and more than 80 OB/ the quorum call be rescinded. equal the number of judicial nomina- GYNs. The PRESIDING OFFICER. Without tions considered in the entire session Insurance costs have decreased sig- objection, it is so ordered. in the election year of 1996 when a Re- nificantly for doctors and hospitals. publican Senate controlled consider- f Medical liability rates, which had been ation of President Clinton’s nomina- out of control, have been going down. EXECUTIVE SESSION tions. In session not a single nomina- Physicians’ insurance rates had risen tion to the court of appeals was consid- by as much as 54 percent in the last few ered, not one. Of course this year we BRIAN M. COGAN TO BE UNITED years. But with medical liability re- have already joined in confirming STATES DISTRICT JUDGE FOR form, physicians in Texas have seen Judge Michael Chagares to the Third THE EASTERN DISTRICT OF NEW their rates drop by a significant Circuit and I expect Democratic Sen- YORK amount. More than 4,000 Texas physi- ators to join in confirming the nomina- cians have opened new professional li- The PRESIDING OFFICER. Accord- tion of Milan Smith to the Ninth Cir- ability policies. Some of these doctors ing to the previous order, the Senate cuit when that nomination is scheduled are new to the State. will go into executive session. by the majority leader. The medical liability structure in The clerk will report the first nomi- Unfortunately, the Senate Repub- Texas is working. These types of out- nation. lican leadership is again bent on seek- comes should be shared by every State The legislative clerk read the nomi- ing to use nominations to score par- and ultimately every patient in Amer- nation of Brian M. Cogan, of New York, tisan points. Our job is to fulfill our ica. The American Medical Association to be United States District Judge for duty under the Constitution for the has removed Texas from its list of the Eastern District of New York. American people so that we can assure States experiencing a medical liability The PRESIDING OFFICER. All time them that the judges confirmed to life- crisis. It should be our goal that every is yielded back. time appointments to the highest State in America be removed from the Mrs. MURRAY. I ask for the yeas and courts in this country are fair to those crisis list. nays. who enter their courtrooms and to the Let’s put an end to this crisis once The PRESIDING OFFICER. Is there a law, rather than to advance a partisan and for all. Let’s enact meaningful sufficient second? agenda. Regrettably, this is not the medical liability reform today. There is a sufficient second. first time the Republican leadership in

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4035 the Senate has chosen to pursue a par- confirmed with a Republican [Rollcall Vote No. 113 Ex.] tisan agenda using judicial nominees. rubberstamp. YEAS—95 Sadly, published reports during the A look at the Federal judiciary in Akaka Dorgan McConnell last couple of weeks indicate that the Pennsylvania demonstrates yet again Alexander Durbin Menendez Senate Republican leadership is, in- that President Bush’s nominees have Allard Ensign Mikulski stead, preparing to cater to the ex- been treated far better than President Allen Enzi Murkowski Baucus Feingold Murray treme rightwing faction that is agi- Clinton’s and shows dramatically how Bennett Feinstein Nelson (FL) tating for fights over judicial nomina- Democrats have worked in a bipartisan Biden Frist Nelson (NE) tions. We will see that when they insist way to fill vacancies, despite the fact Bingaman Graham Obama Bond Grassley Pryor on confrontation over such controver- that Republicans blocked more than 60 Brownback Gregg of President Clinton’s judicial nomi- Reed sial nominations as Judge Terrence Burns Hagel Reid Burr Harkin Boyle, Norman Randy Smith or Brett nees. With today’s confirmation of Roberts Byrd Hutchison Kavanaugh. Despite Democratic co- Thomas Golden to be a district court Salazar Cantwell Inhofe Santorum operation in the confirmation of scores judge in Pennsylvania, 21 of President Carper Inouye Sarbanes of nominees and the undeniable fact Bush’s nominees to the Federal courts Chafee Isakson Schumer Chambliss Jeffords that we have treated this President’s in Pennsylvania will have been con- Sessions firmed, more than for any other State Clinton Johnson nominees more fairly than Republicans Coburn Kennedy Shelby treated those of President Clinton, except California. Cochran Kerry Smith they seem intent on using controver- With this confirmation, President Coleman Kohl Snowe Bush’s nominees will make up 21 of the Collins Kyl Specter sial judicial nominations to stir up Stabenow 43 active Federal circuit and district Conrad Landrieu their partisan political base. Cornyn Lautenberg Stevens Rather than address the priorities of court judges for Pennsylvania—that is Craig Leahy Sununu Americans by focusing on proposals to more than 49 percent of the Pennsyl- Crapo Levin Talent end the subsidies to big oil and rein in vania Federal bench. On the Pennsyl- Dayton Lieberman Thomas DeMint Lincoln Thune gas prices, rather than devote our time vania district courts alone, President DeWine Lott Vitter to passing comprehensive immigration Bush’s will now sit in 18 of the 36 judge- Dodd Lugar Voinovich reform legislation, rather than com- ships. Dole Martinez Warner pleting a budget, the Republican leader This is in sharp contrast to the way Domenici McCain Wyden came to the floor last week to signal a vacancies in Pennsylvania were left un- NOT VOTING—5 fight over controversial judicial nomi- filled during Republican control of the Bayh Bunning Rockefeller nations. One of the nominations that Senate when President Clinton was in Boxer Hatch the Republicans want to rubberstamp the White House. Republicans denied The nomination was confirmed. is that of Judge Terrence Boyle to the votes to nine district and one circuit court nominees of President Clinton in U.S. Court of Appeals for the Fourth f Circuit. We have learned from recent Pennsylvania alone. Despite the efforts news reports that, as a sitting U.S. dis- and diligence of the senior Senator NOMINATION OF THOMAS M. trict judge and while a circuit court from Pennsylvania, Senator SPECTER, GOLDEN TO BE U.S. DISTRICT nominee, Judge Boyle ruled on mul- to secure the confirmation of all of the JUDGE FOR THE EASTERN DIS- tiple cases involving corporations in judicial nominees from every part of TRICT OF PENNSYLVANIA which he held investments. In at least his home State, there were 10 nominees one instance, he is alleged to have by President Clinton to Pennsylvania The PRESIDING OFFICER. The bought General Electric stock while vacancies who never got a vote. De- clerk will report the next nomination. presiding over a lawsuit in which Gen- spite records that showed these to be The legislative clerk read the nomi- eral Electric was accused of illegally well-qualified nominees, these nomina- nation of Thomas M. Golden, of Penn- denying disability benefits to a long- tions were blocked from Senate consid- sylvania, to be United States District time employee. Two months later, he eration. Judge for the Eastern District of Penn- ruled in favor of GE and denied the em- So while I congratulate Thomas sylvania. ployee’s claim for long-term and pen- Golden and his family on his confirma- Mr. SPECTER. Mr. President, I have sion disability benefits. Whether or not tion, I remember those who were not sought recognition to recommend to it turns out that Judge Boyle broke treated so fairly by Senate Repub- my colleagues the confirmation of Federal law or canons of judicial eth- licans. Thomas M. Golden to the U.S. District The PRESIDING OFFICER. The ics, these types of conflicts of interest Court for the Eastern District of Penn- question is, Will the Senate advise and have no place on the Federal bench. sylvania. consent to the nomination of Brian M. Certainly, they should not be rewarded Mr. Golden graduated from Penn Cogan, of New York, to be United with a promotion. They should be in- State University in 1969, and received a States District Judge for the Eastern vestigated. law degree from Dickinson School of The Republican leadership would District of New York? Law in 1972. Thereafter, he has been in On this question, the yeas and nays rather have the Senate be a the practice of law with Stevens & Lee, have been ordered, and the clerk will rubberstamp for rewarding this admin- first as an associate and then as a part- call the roll. ner. And from 1979 to the present, he istration’s cronies with lifetime ap- The legislative clerk called the roll. has owned his own firm, Golden pointments to high Federal courts. Mr. MCCONNELL. The following Sen- They have tried before. If the White ators were necessarily absent: the Sen- Masano Bradley and serves as man- aging partner in that capacity. House had its way, we would already ator from Kentucky (Mr. BUNNING) and have confirmed Claude Allen to the the Senator from Utah (Mr. HATCH). Mr. Golden enjoys an excellent rep- Fourth Circuit. He is the former Bush Further, if present and voting, the utation for academic achievement, for administration official who recently Senator from Kentucky (Mr. BUNNING) lawyerly skills, for integrity, and for resigned his position as a top domestic would have voted ‘‘yea.’’ community service. Alvernia College policy adviser to the President. Last Mr. DURBIN. I announce that the awarded Mr. Golden a doctorate of month we learned why he resigned Senator from Indiana (Mr. BAYH), the human letters for service to the com- when he was arrested for fraudulent Senator from California (Mrs. BOXER), munity and legal profession in 2003. He conduct over an extended period of and the Senator from West Virginia is past president of the Pennsylvania time. Had Democrats not objected to (Mr. ROCKEFELLER) are necessarily ab- Bar Association and the Berks County the White House attempt to shift a cir- sent. Bar Association. cuit judgeship from Maryland to Vir- The PRESIDING OFFICER (Mr. Holding those positions is demonstra- ginia, someone now the subject of a COLEMAN). Are there any other Sen- tive of active community service, tak- criminal prosecution for the equivalent ators in the Chamber desiring to vote? ing on responsibilities to promote the of stealing from retail stores would be The result was announced—yeas 95, public welfare beyond his work as a a sitting judge on the Fourth Circuit nays 0, as follows: private practicing attorney.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4036 CONGRESSIONAL RECORD — SENATE May 4, 2006 The American Bar Association gave He was rated ‘‘well-qualified,’’ not Mr. LEAHY. I move to lay that mo- Mr. Golden a unanimous ‘‘well-quali- surprisingly, by the bar association. He tion on the table. fied’’ rating. In my years on the Judici- is coming here with the highest rec- The motion to lay on the table was ary Committee and now as chairman of ommendations from the legal commu- agreed to. the committee, I have seen many nity, as well as the community at large The PRESIDING OFFICER. Under nominees, and I believe Tom Golden in Berks County. the previous order, the President shall has outstanding potential for the Fed- It is a pleasure to come here with a be immediately notified of the Senate’s eral district court. I urge my col- noncontroversial nomination, someone action. who has the highest character, as well leagues to support him. f Mr. SANTORUM. Mr. President, it is as great legal ability, and someone a pleasure for me to come to the floor who, I am confident, will do a fine new LEGISLATIVE SESSION of the Senate to give good words of en- job as judge on the Eastern District of The PRESIDING OFFICER. The Sen- couragement to my colleagues to sup- Pennsylvania. ate will now return to legislative ses- port Tom Golden for the Eastern Dis- Mr. BIDEN. I ask for the yeas and sion. trict of Pennsylvania judgeship. This is nays. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a vacancy that the Office of Adminis- ator from South Carolina. tration at the U.S. Courts has deter- sufficient second? mined is a judicial emergency, so it is There appears to be a sufficient sec- f high time that we get this vacancy ond. MORNING BUSINESS filled. Tom Golden has proven to be The question is, Will the Senate ad- Mr. DEMINT. Mr. President, I ask just the right medicine for us to be vise and consent to the nomination of unanimous consent that the time until able to move this process very quickly Thomas M. Golden, of Pennsylvania, to 5:30 p.m. be equally divided between in the Senate. be U.S. District Judge for the Eastern the two leaders or their designees in On April 27 he was moved out of com- District of Pennsylvania. On this ques- morning business. mittee by a voice vote, so I guess, from tion, the yeas and nays have been or- The PRESIDING OFFICER. Without all reports at least, unanimously. Cer- dered, and the clerk will call the roll. objection, it is so ordered. tainly there were no vocal objections. The assistant legislative clerk called Mr. DEMINT. Mr. President, I ask to He now comes to the floor for con- the roll. Mr. MCCONNELL. The following Sen- be recognized for 10 minutes in morn- firmation. I congratulate him in an- ators were necessarily absent: the Sen- ing business. ticipation of a strong positive vote ator from Kentucky (Mr. BUNNING) and The PRESIDING OFFICER. Without today on his successfully negotiated, the Senator from Utah (Mr. HATCH). objection, it is so ordered. what can be tough shoals in the Senate Further, if present and voting, the when it comes to judicial nomination. f Senator from Kentucky (Mr. BUNNING) The record speaks for itself. This is a would have voted ‘‘yea.’’ HEALTH CARE AND MEDICAL man of great legal ability, as well as Mr. DURBIN. I announce that the MALPRACTICE someone who is a fine member of his Senator from California (Mrs. BOXER) Mr. DEMINT. Mr. President, next community and citizen of this country. and the Senator from West Virginia He started out with great potential. He week this Senate is going to consider (Mr. ROCKEFELLER) are necessarily ab- graduated from Penn State University, one of the most important issues that sent. we will consider as a Congress and as a which happens to be my alma mater, The PRESIDING OFFICER. Are there nation, and that issue is health care. and also graduated from the Dickinson any other Senators in the Chamber de- All of us know that the cost of health School of Law, which happens to be my siring to vote? alma mater. He has a fine background The result was announced—yeas 96, care, the cost of health insurance, and, and education, and he has come for- nays 0, as follows: in many cases, access to doctors around the country is becoming a seri- ward from that education to work at a [Rollcall Vote No. 114 Ex.] ous problem. Many are uninsured. It is law firm in Reading, PA. He is from YEAS—96 Berks County. Berks County is one of an issue we talk about a lot in the Sen- Akaka Domenici McCain ate, but it is an issue we haven’t done the larger counties in our State. It has Alexander Dorgan McConnell not had a judge there for some time, Allard Durbin Menendez a lot about. even though there is a courthouse in Allen Ensign Mikulski This is like some other issues, I am Baucus Enzi Murkowski afraid, where our tongue doesn’t ex- Reading. We are quite excited. Folks in Bayh Feingold Murray the Eastern District are rather exited Bennett Feinstein Nelson (FL) actly match our action. We heard a lot about the opportunity of having their Biden Frist Nelson (NE) of talk on the Senate floor about jobs cases heard and their filings be filed Bingaman Graham Obama and jobs going overseas, but when the Bond Grassley Pryor proposals come up to make America before judges and motions be heard in Brownback Gregg Reed Reading as opposed to having to travel Burns Hagel Reid the best place in the world to do busi- all the way to Philadelphia to have Burr Harkin Roberts ness, to lower the cost of doing busi- Byrd Hutchison Salazar ness in this country, to continue in- their cases proceed. Cantwell Inhofe Santorum This is not just a good moment for Carper Inouye Sarbanes vestment tax credits, to put some caps Tom Golden, but it is a good moment Chafee Isakson Schumer on frivolous lawsuits, to reduce the for all of the litigants in the western Chambliss Jeffords Sessions costly and unnecessary regulations, Clinton Johnson Shelby and even to do things that make en- part of the Eastern District, to be able Coburn Kennedy Smith to have their cases heard in a much Cochran Kerry Snowe ergy less expensive so we can manufac- more convenient fashion. Coleman Kohl Specter ture in this country, I am afraid my Aside from a variety of involvements Collins Kyl Stabenow colleagues, particularly my Demo- Conrad Landrieu Stevens in charitable organizations and specific Cornyn Lautenberg Sununu cratic colleagues, block those actions organizations, I want to mention the Craig Leahy Talent and, again, unfortunately, pit business fact that Tom was very active in the Crapo Levin Thomas against people and profits against jobs. bar association. In fact, not only is he Dayton Lieberman Thune What we know and most Americans DeMint Lincoln Vitter in the House of Delegates at the ABA, DeWine Lott Voinovich know is that people have jobs with and has been since 2002, he was the Dodd Lugar Warner businesses, and businesses that don’t president of the Pennsylvania Bar As- Dole Martinez Wyden have profits don’t create jobs. sociation from 2003 to 2004 and served, NOT VOTING—4 Our rhetoric needs to match our ac- as you can imagine, often as chair lead- Boxer Hatch tion. We need to stop blocking legisla- ing up to his election to the presidency Bunning Rockefeller tion that needs to be done and blaming in 2006. He has been active in the Berks The nomination was confirmed. other folks when it doesn’t get done. County Bar Association and a whole Mr. DEMINT. Mr. President, I move We have seen the same thing happen lot of other legal areas. to reconsider the vote. with energy, unfortunately. For the

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4037 last several decades, my Democratic billion and $126 billion a year. I think gency room, there are no neurologists colleagues have blocked the develop- I need to say that again. The cost of there because they won’t take calls be- ment of America’s energy supplies, defensive medicine is up to $126 billion cause they are likely to get paid very blocked our own energy independence, a year to try to cover doctors from li- little from Medicaid or another insur- even back in the seventies, when Presi- ability because of unlimited lawsuits ance company, but they could lose mil- dent Carter stopped the development of against doctors. Blue Cross, a major in- lions of dollars because of lawsuits. nuclear power generation and our Eu- surer, when surveyed said it is already There are some commonsense things ropean allies moved on to where now 80 a serious problem as far as adding to we can do, and we have seen this hap- percent of their electricity comes from the cost of health insurance premiums. pen in Texas with their reforms that clean and efficient nuclear power. Even There are many things we can do to we will be looking at next week. I im- the founder of Greenpeace has come fix that, but folks need to understand plore my colleagues to consider what back and said it was a mistake to stop the real costs because I know my Texas did, and before we get into all that. Yet today we make electricity Democratic colleagues will say that it the misrepresentations, the mal- with natural gas, which is increasing is not a factor. practice bills we are going to talk the demand for natural gas and has The only people getting rich from about next week do not put any limits raised the prices so that many of our medical malpractice are the personal on economic damages and allow up to manufacturers can no longer compete injury lawyers. Keep these things in $750,000 for pain and suffering. So a per- because of the high cost of energy in mind during our debate next week: son who is injured could get their sal- this country. And the price keeps going More than 70 percent of the claims ary for life, all their health care paid up. against doctors or hospitals are for, and up to $750,000 additional money We have seen the same thing happen dropped or dismissed before they reach for pain and suffering in Texas. What with oil and gas where for years we a verdict, but even if they are dis- that has done in just 1 year is cut their blocked the development of our own missed, the claims costs are $18,000 in lawsuits in half. The cost of liability energy supplies, our own oil supplies, legal expenses. In 2004, medical liabil- insurance has been reduced almost 20 and now we are down here trying to ity costs that were settled—when cases percent in just a short period of time. blame the President and others for the are settled—the legal costs were The PRESIDING OFFICER. The Sen- high cost of gasoline. $60,000. In the cases where they actu- ator’s time has expired. If we track what happens on many of ally went to trial but the doctor or Mr. DEMINT. Mr. President, I ask the votes—I know I have heard on this hospital won, the average cost jumped unanimous consent for 2 more minutes. floor that the oil reserves in Alaska to $94,000. The PRESIDING OFFICER. Is there wouldn’t make that big a difference. The Wall Street Journal points out a objection? But we know that only a 2- or 3-percent number of facts like these, but one of Mr. LEAHY. I won’t object assuming increase in our supply at this time them should really hit home. They there will be 2 additional minutes on would dramatically reduce the cost of were using Texas as an example be- this side. gasoline. Yet on all of these dates over cause Texas has made some reforms The PRESIDING OFFICER. Time is the years, going back to 1991, consist- that we will be considering for our equally divided. Without objection, it is so ordered. ently our Democratic colleagues have country that have made a big dif- Mr. DEMINT. Mr. President, I will voted to block the development of oil ference. Hospital premiums to protect against conclude again with the hope and the reserves in ANWR, and we see the price request that we can debate this hon- of gasoline going up consistent with lawsuits more than doubled in Texas between 2000 and 2003. But I think prob- estly. Certainly we do not want pa- those votes. tients being hurt and not being com- I have heard on this floor for a num- ably the most disheartening statistic I pensated, but we also don’t want many ber of years that the 5-percent addi- have seen is that between 1999 and 2002, more patients not finding a doctor, not tional supply that would be provided the annual per-bed cost for litigation being able to afford their health care or by ANWR would make no difference in protection for nursing homes went to get health insurance. These are the cost of gasoline. Yet we saw during from $250 to $5,000. That is what nurs- ing homes have to pay just for liability things we can fix if we work together. Katrina, when we lost 5 percent of our If you notice on my chart, I don’t ac- coverage for malpractice lawsuits. supply, what it did to the cost of gaso- cuse this of being Republican or Demo- That is at a time when we have a new line and what it is doing today. crat. It is just an issue we need to ad- We can’t continue to block what and large wave of retirees whom we dress. We need to do something com- needs to be done and then blame other need help when it comes to nursing monsense with medical malpractice. people when we have problems because homes. Yet we are suing them out of Please, let us put the bill on the floor it doesn’t get done. their hospital beds. Today I wish to talk particularly We know we can fix this. Part of the next week for debate. I yield the floor. problem, I am afraid, is right here in about health care because we have got- The PRESIDING OFFICER. The Sen- Congress. As I said before, the only ten word from our Democratic col- ator from Vermont. leagues that they are going to block people really getting rich from the sys- Mr. LEAHY. Mr. President, is the several important provisions that we tem we have now are personal injury Senator from Massachusetts seeking are going to try to get on the floor for lawyers. One statistic to remember is recognition for a unanimous consent debate next week. between 2003 and 2004, personal injury request? One of those is medical malpractice. lawyers gave $102 million to House and Mr. KENNEDY. I am. I was going to A very important component in the Senate candidates. They got a good make comments for 2 or 3 minutes and cost of health care is the fact that we payback. In fact, it was a 10,000-percent then make a consent request. are suing doctors out of business. We rate of return because during that Mr. LEAHY. I was going to proceed have 20 States now that are considered same period, over $18 billion in mal- for about 5 minutes, but if the Senator in crisis because of medical liability. practice awards were given during 1 from Massachusetts wishes to go first, We have another 24 that show warning year—over $18 billion. We cannot con- that is fine. signs, which means the loss of doctors, tinue to allow this to be a part of our Mr. KENNEDY. I will wait. the loss of access to care, and less in- health care system and then come f surance available. South Carolina is in down here and complain about the cost that group. of health care. MEDICAL MALPRACTICE Let me share some statistics that We know that many doctors are leav- Mr. LEAHY. Mr. President, it is in- should get folks’ attention: 59 percent ing rural areas and no longer delivering teresting to hear the statistics being of physicians believe that the fear of li- babies. This is a fact. This is not polit- tossed around. I am sure the distin- ability discourages discussion and ical rhetoric. We know that in many guished Senator did not mean by his thinking about ways to reduce health places around the country, if someone chart to suggest somehow bribes have care costs. The costs of defensive medi- is injured badly with a head injury in a been offered to people in how they cine are estimated to be between $70 car accident and they go to an emer- vote.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4038 CONGRESSIONAL RECORD — SENATE May 4, 2006 Mr. President, we have States with- Senate’s and the public’s valuable time The bills on the floor today favor the out caps on medical malpractice recov- should be taken up with these bills. I interests of insurance companies over eries. They have 14 percent more prac- am also disappointed that he has de- patients, the interests of profit over ticing physicians than those with caps. cided to bypass any consideration of sound health care, and they provide il- We hear about the increasingly burden- these bills. Instead, the insurance com- lusory promises of lower insurance some medical malpractice premiums panies, and probably some of the large rates for doctors, while addressing and, indeed, they are. Health care pro- medical companies, have a special in- none of the underlying causes of med- viders pay onerous amounts to be in- terest bill that benefits the insurance ical malpractice. This is not the fix sured. That is why I have introduced a companies at the expense of patients that is needed. bill directed specifically toward med- with legitimate injuries coming We hear numerous complaints from ical malpractice insurance reform be- straight to the floor. politicians about the harm malpractice cause, after all, there is no correlation These are real people. I will give you lawsuits cause to patient access and between malpractice claims and rising one example in my own State of the medical profession. We hear claims insurance premiums. Between 2000 and Vermont. On April 7, 2000, Diana Le- about doctors practicing defensive 2004, insurers increased premiums 134 vine had a severe migraine headache. medicine at the expense of innovation percent, even though payments re- She went to a health center. Ms. Le- and aggressive treatment. We hear mained flat. vine was a musician. She received a claims about doctors fleeing commu- They say this legislation drastically painkiller, along with an injection of nities. We hear claims about the reluc- reduces insurance rates. Of course, the another sedative. That caused com- tance of our young people to enter the American Insurance Association has plications and she had two amputation medical profession. We hear claims said we have not promised price reduc- surgeries of her left arm. A musician. about pregnant women who cannot find tions for tort reform. They have been She sued the corporate giant, Wyeth, obstetricians to provide care through- quoted as saying: We wouldn’t tell you for improper guidelines on the sedative out pregnancy and birth. There might or anyone the reason to pass tort re- because it didn’t warn about these dan- be some merit to this legislation if gerous combinations. They knew about form would be to reduce insurance these claims we routinely hear were it, but they didn’t warn anybody. She rates. In fact, a majority of States that true. They are not. said: have enacted caps have seen no reduc- The myths associated with medical tions. In fact, on average, doctors in I never expected to sue anyone in my life. malpractice lawsuits have virtually all . . . Sometimes it takes something like this States with caps pay more for insur- to make it known when a drug is not being been discredited. Two of the primary ance than they do in States without used right. arguments in favor of capping non- caps. After a full trial, knowing that her economic damages are lowering insur- The fact is, there is one place that career as a musician was gone, the jury ance premiums and preventing doctors makes money. Claims go down and in- said she deserved $2.4 million for past from leaving their State or their pro- surance premiums go up. It is like the and future medical expenses and, of fession. The available data suggests rising gas prices and the record oil course, $5 million for the daily pain she that these arguments are unfounded. company profits. Maybe we ought to be is suffering. Most of that would have In my home State of Vermont, the asking medical malpractice insurers been cut out under this bill. That most recent data show that the number exactly why their premiums are so ex- makes me think this bill is political of physicians practicing in the State orbitant? If it is not because they are and doesn’t go to the root cause of has risen steadily from 1,918 doctors in paying an increasing amount of claims. medical malpractice. 1996, to 2,589 doctors in 2004. The num- They are not doing that. Rates are Let’s not forget that medical errors ber of OB–GYNs in Vermont is also going up much faster than any claims. happen to 100,000 people each year. One higher today than it was in 2000. Today It could be a soft stock market, bad in- out of over 100 hospitalized patients Vermont residents benefit from 113 OB- vestments, or greed. That is what we suffers negligent care. Just turn on the GYNs, compared with 91 in 2000. ought to ask about. In my State, with- news every night and we hear about it. This trend exists nationally as well: out caps, we increased the number of More people die as a result of medical The number of physicians nationally doctors. So don’t use this argument errors than automobile and workplace has risen between 1996 and 2004. We also that somehow in rural areas, in rural accidents combined. More die from now have more physicians under the States, we are going to lose doctors. that than automobile accidents and age of 35 today than we did in 1996. The We are gaining doctors. We should ask workplace accidents combined, but number of doctors per capita in this the insurance companies why their only 3 percent of them even file a country has been steadily increasing rates go up, even though the payments claim. These statistics tell us there is since 1965. It is hard to understand how are flat. not so much a malpractice lawsuit these trends can be characterized as We should also remember that Amer- problem as a medical safety problem. the loss of people from the medical pro- ica’s courts belong to the American I fail to see how arbitrarily limiting fession. There is also no correlation be- people, not to the special interests of the rights of citizens addresses this se- tween a State damages cap and the the insurance companies. These bills rious problem, particularly because in number of doctors practicing in the are bad public policy. They are ill- many cases the judicial system is the State. Nationally, States without caps timed. only forum in which such an error is have 14 percent more practicing physi- We ought to be debating the prior- brought to light. Rather than looking cians. ities of the American people, not de- for ways to limit our citizens’ access to As we consider the majority leader’s bating ways to make greater profits for justice, we should look for ways in bills, I urge other Senators to help ex- the insurance companies. We ought to which we can encourage the medical pose the myths associated with the leg- talk about energy policy and sky- community to strive for the highest islation we address today. In fairness rocketing gas prices. Wouldn’t it be standards in the delivery of its serv- to the American people, we should be good to have a real debate on the fiasco ices. It is in our interest as citizens, debating the facts, not the myths. If we in Iraq today, a real debate about what and it is certainly in the interest of all acknowledge that the real problem is has gone wrong in the war in Iraq? the dedicated and caring people in the medical malpractice and the injuries That could take a couple of months medical profession whose oath com- and deaths that result, and not the just to list them. A lot has gone wrong mands them to do no harm. My wife lawsuits that seek to remedy these since the President announced: ‘‘Mis- Marcelle dedicated her career to the harms, I know we can go a long way to sion Accomplished.’’ care of others through nursing, and I helping the medical profession work We ought to be talking about the know how seriously those in the med- from within to assure that doctors comprehensive immigration bill or ical profession take their solemn re- meet the highest possible standards stem cell research. What about the hor- sponsibilities. The best place for posi- and strive to prevent medical errors. rific genocide in Darfur? tive change to occur is from within the After all, those in the medical profes- So I am disappointed that the major- medical profession, not from within sion are in the best position to under- ity leader has decided instead that the our courtrooms. stand what changes must occur, and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4039 how best to make sure that needed September and the Senate Judiciary That there be 1 hour of debate on the changes occur. As an example of this I Committee reported a much improved bill, with the time equally divided and want to highlight the efforts of anes- version to the full Senate last October. controlled by the two leaders or their thesiologists, who accomplished a When the House passed its bill, it ap- designees; the only amendment in nearly sevenfold reduction in anes- proved an amendment to improve the order, other than the committee-re- thesia-related errors through coopera- Federal hate crimes laws as well. The ported substitute amendment, be a tive changes to their systems and prac- Senate bill does not include that provi- Kennedy-Smith hate crimes amend- tices. Not surprisingly, when anes- sion, but many of us had hoped to add ment on which there will be 2 hours of thesia-related errors decreased, so did it as an amendment. I urge my col- debate with the time equally divided insurance premiums. This should be leagues to support it. and controlled in the usual form; that our model of how to effectively address The inclusion of the Federal hate upon the use or yielding back of time medical malpractice. If we work to- crimes law is not inconsistent with the on the amendment, without further in- gether, between needed reforms in the goals of the legislation to stop crimes tervening action or debate, the Senate insurance industry, and by supporting against children. We can clearly do proceed to vote in relation to the medical professionals in improving the more to protect our communities and amendment; that upon disposition of critical work they do, I know we can encourage them to do so. Hate crimes the Kennedy-Smith amendment and tackle this problem effectively. are a violation of everything our coun- the yielding back of time on the bill, Mr. President, I yield the floor. try stands for. These are crimes the committee substitute, as amended, The PRESIDING OFFICER. The Sen- against entire communities, against if amended, be agreed to; the bill, as ator from Massachusetts is recognized. the whole Nation, and against the fun- amended, be read a third time, and Mr. KENNEDY. Mr. President, first damental ideals on which America was without further intervening action or of all, I thank my colleague and friend founded, and they have a major impact debate, the Senate proceed to vote on from Vermont for his excellent state- on children. The vast majority of Con- passage of the bill. ment and comments. I look forward to gress agrees. The PRESIDING OFFICER. In my Last year, Senator SMITH and I of- joining with him on the debate of that capacity as a Senator from Minnesota, fered our hate crimes bill as an amend- issue when we have a chance on Mon- at the request of leadership, I object. ment to the Defense Authorization day and Tuesday next. I share the dis- Objection is heard. appointment of the Senator from Act, and it passed by a bipartisan vote Mr. KENNEDY. Mr. President, I re- of 65 to 33. The House passed a nearly Vermont that we will not have an op- gret that the Republican leadership has identical hate crimes amendment by a portunity to address the stem cell issue blocked our efforts to have a vote on vote of 223 to 199, which made it part of on the floor of the Senate, which can this amendment. I expect that they its sex offender registration bill. The offer such extraordinary hope to so will move forward on the immediate substantial majority of both Houses of many families in this country. passage of the underlying bill. We Congress have now voted in favor of We are in the life science century. We should also get a vote on hate crimes. the hate crimes proposal, and the time have seen this enormous progress that It is long overdue. It is clear that the is long overdue to pass these protec- has been made with the mapping of the Republican leadership will do anything human genome, with imaging, nano- tions into law. The hate crimes bill is supported by to stop our hate crimes bill. I don’t technology—breathtaking advances— a broad coalition. Over 200 law enforce- think it is right to delay consideration and stem cell research offers a very ment and civil rights groups, including of the Senate bill on sex offenders, so similar kind of opportunity. We have the National District Attorneys Asso- the battle on hate crimes must con- legislation that is on the calendar that ciation, the National Sheriff’s Associa- tinue. Given today’s objections, let’s was approved in a bipartisan way in tion, and the National Association of move ahead on S. 1086. the House of Representatives, and it Chiefs of Police, the Anti-Defamation Mr. President, I suggest the absence has been on the calendar now for about League, and the U.S. Council of May- of a quorum. a year. I think most of us were heart- ors. The PRESIDING OFFICER. The ened when we heard our majority lead- A strong Federal role in prosecuting clerk will call the roll. er indicate his general support—a hate crimes is essential for both prac- The assistant legislative clerk pro- change in position—his general support tical and symbolic reasons. In practical ceeded to call the roll. for the items which are in the House terms, the bill will have a real world Mr. BURNS. Mr. President, I ask bill that is on the calendar now before impact on the actual criminal inves- unanimous consent that the order for the Senate. Evidently, though, we will tigations and prosecution. The sym- the quorum call be rescinded. not have an opportunity next week to bolic value of the bill is equally impor- The PRESIDING OFFICER. Without consider that stem cell bill. tant. Hate crimes target whole commu- objection, it is so ordered. When I think of the stem cell legisla- nities, not just individuals. Attacking f tion, I think of the possibilities of hope people because they are gay, African TORT REFORM AND RELATED for families who are facing Alzheimer’s American, Arab or Muslim or Jewish, ISSUES disease or cancer, Parkinson’s disease, or any other criteria is bigotry at its diabetes because the possibilities in re- worst. We must say loudly and clearly Mr. BURNS. Mr. President, next search are virtually unlimited. There to those inclined to commit them that week should be a week of looking at are no assurances of the outcome, no they will go to prison if they do. our health care system and debating on absolute assurance that we are going The vast majority of us in Congress the direction that I think the policy to come up with cures, but for those recognize the importance of passing a should go in that area. Not only do we who are on the cutting edge of basic hate crimes bill. This year we can have tort reform that has been sug- and applied research in the science make the statement even clearer by gested by the leader, but also the abil- area or in the health area believe that turning it into law. ity of small business to band together this stem cell research offers enormous f across States to lower the cost of in- possibilities. I wish that had been in- surance, especially small business own- cluded in the agenda for next week’s UNANIMOUS CONSENT REQUEST— ers who have less than 10 employees, discussion about health care, but it has S. 1086 and sole proprietors, and even individ- not been. Mr. KENNEDY. Mr. President, I ask uals, to band together and do some- f unanimous consent that at a time to be thing about lowering their costs of in- determined by the majority leader, fol- surance. HATE CRIMES lowing consultation with the Demo- Today, I want to open minds and Mr. KENNEDY. Mr. President, I cratic leader, but no later than May 25, start setting the framework of what share the disappointment of many that 2006, the Senate proceed to the consid- this debate is all about that will occur the Republican leadership has delayed eration of Calender No. 251, S. 1086, and next week. calling up the sex offender registration that it be considered under the fol- It is about the unrestrained esca- bill. The House passed its version last lowing limitations: lation of jury awards that are driving

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4040 CONGRESSIONAL RECORD — SENATE May 4, 2006 up the cost of many medical proce- have continued to grow, the number of I am a big proponent of rural health dures. Consequently, many of our best doctors able to perform one of the most in order to maintain smaller hospitals, and brightest in the medical field are important acts a doctor can perform critical access hospitals, and delivery limiting services, retiring early, or has gone down and patients are the of health care services closer to the move to States where liability pre- ones being hurt. people. I think I have 12 or 13 counties miums are stable in order to carry out Given the choice between siding with that have no doctors at all—none, zip. their Hippocratic Oath. The true vic- doctors and patients or the legal com- That concerns me. People who live in tims of this disturbing trend are the munity, I think I will take the side of those counties should have access to vulnerable and sick among us whose the doctors and the patients every health care providers. Right now those access to quality care becomes more time. of us in rural America simply cannot restricted with each day that this cri- That is not to say if a person has afford this. Right now, in Montana, we sis is not addressed. It is time for re- been wronged or harmed by negligence, are very thin in those low populated sponsible legislators to do what is right they shouldn’t be able to recover their counties that are remote from a bigger for our health care system and the economic loss. It is time for us to step city that may have a larger medical medical community and pass S. 22, the up to the plate and set the policy and corridor. As a result, many in my State Medical Care Access Protection Act of finally do something to ease this cost travel hundreds of miles to see a doc- 2006 and S. 23, the Healthy Mothers and of not only insurance but our total tor, sometimes all the way to cities Healthy Babies Act. health care system. such as Seattle and Minneapolis, Salt Those who would oppose medical li- The consequences of this trend fall Lake City, or Denver, CO, for special- ability reform will say there is no prob- hardest on women and children. Con- ized care. I fear this situation will only lem, there are no frivolous lawsuits, trary to what the other side may say, worsen if we do not act now. and these reforms only harm those who the exploding cost of liability insur- We can’t continue to sit back and have been hurt by doctors’ negligence. ance has limited access to OB/GYNs. It allow this to go on, and allow this situ- Those assertions are simply false. No has caused women to receive less pre- ation to damage our health care sys- two ways about it. Let’s look at the natal and preventive health care, and tem. Our doctors cannot afford it and, facts. On any given day there are near- many low-income women to lose crit- ly 125,000 lawsuits pending against more importantly, our loved ones who ical access to community clinic serv- health care providers, and 75 percent of rely on access to affordable health care ices. cannot afford it, either. This is not happening because of a these will close with no payment. Some would say that is not bad, I urge my colleagues to pass both of sudden increase in physician neg- there is no harm, 75 percent will close these bills, S. 22 and S. 23. These bills ligence. It is happening because of the with no payment—so what? The cost bring a fair and reasonable reform to ever increasing number of lawsuits comes to the medical community when medical liability systems, the system filed against health care providers each you have to pay for and provide a de- that will work. In fact, the model we day. By and large, these are meritless fense. Statistics show that of cases are sort of patterning this one after is suits filed by trial lawyers who seek to that do go to trial, 86 percent of the working in Texas. Since the enactment take advantage of the justice system in doctors will be found not liable. Still, of similar laws in the State of Texas, order to enrich themselves. I urge the cost of defending the case is very the largest liability carrier has dropped members of the Senate not to fall prey costly. Consequently, the doctors who its premium by 22 percent, competition to the influence of these trial lawyers, are targeted by these lawsuits will in the health care liability market is and we know they have it. Every time spend an average of $90,000 to defend increasing, premiums are stable or this issue has come before this body, themselves. That is added into the cost down, and access to health care is up. I the trial lawyer lobby has flexed its of our health care, not only for pro- think that is what we want to see hap- muscle to put a stop to its progress. If viders but also into our insurance pre- pen. we work together we can come to a miums. Clearly this approach is working to plan to address this situation. More striking is the impact these the benefit of doctors and patients and, Who is it that these trial lawyers are suits have on American access to qual- more importantly, I want to put the opposing? It is not only the pleas for ity medical care. One in seven obstetri- emphasis on patients. The only people help from doctors, who overwhelmingly cians no longer delivers babies due to hurt by these commonsense reforms support reform, it’s also the will of the the fear of being sued; 30 percent to 50 are the folks who make a living in friv- American people, who support medical percent of high-risk specialists are olous lawsuits. So I call upon this body liability reform at a rate of 75 percent. sued every year. That is a high num- to reject their money, their influence, And the reason they support it is not ber. How would you want to spend all and do what is right for the American because they think those who have this time in medical school, all this people, especially young mothers, and been harmed by a doctor’s negligence time and money, and then fall into a for healthy babies. shouldn’t be compensated, it’s because category that, once you go into prac- I yield the floor. I suggest the ab- they know how these trial lawyers are tice, you have a 30- to 50-percent sence of a quorum. hurting them, their families and neigh- chance of being sued every year while The PRESIDING OFFICER (Mr. bors. They see the commercials from you are in practice? CHAFEE). The clerk will call the roll. these so called law firms on late-night Mr. President, 79 percent of physi- The assistant legislative clerk pro- television offering to sue any doctor cians practice defensive medicine. ceeded to call the roll. over anything and everything possible. What is that? It is ordering costly and Mr. BURR. Mr. President, I ask unan- Or they or someone they know has had unnecessary tests due to the fear of imous consent that the order for the difficulty finding an OB/GYN to deliver being sued, of not covering all the quorum call be rescinded. a baby. bases—not only covering all the bases The PRESIDING OFFICER. Without In fact, to give this issue even more but maybe covering them twice. This objection, it is so ordered. of a human face, my daughter had to adds between $83 billion and $151 billion give up delivering babies because she per year in added costs to patients and f could no longer afford the crushing their physicians. burden of inflated insurance costs im- The impact on my State of Montana MEDICAL LIABILITY CRISIS posed upon her by these trial lawyers and other rural States has been even Mr. BURR. Mr. President, some in bringing frivolous lawsuit after frivo- more disturbing. Today there are only this institution suggest that there is lous lawsuit against OB/GYNs. 104 obstetricians practicing in Mon- no liability crisis in health care in Of course, insurance companies—we tana. The population of Montana is America. I am here today to say that I have heard they make all kinds of 900,000. Over the past decade, liability don’t think anyone in America believes money. I tell you, in my State of Mon- premiums for many hospitals, includ- that. They may believe it in this insti- tana I think only a very few companies ing many nonprofit critical access hos- tution. As a Senator from North Caro- offer any kind of medical liability. pitals in Montana, have risen nearly lina, I can state no one from North While the trial lawyers’ bank accounts 1,000 percent. Carolina believes it.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4041 Not only has the out-of-control liti- leading cause of the national liability As an orthopaedic trauma surgeon, I urge gation in health care over the last dec- insurance crisis is the recent explosion you to pass medical liability reform this ade inflated the cost for every Amer- in multimillion dollar litigation year. Each year, reform legislation passes ican, it has now begun to affect the ac- the House of Representatives, but stalls in awards and the resulting instability the Senate. Special interests are standing in cess we have to health care services. this creates in the medical liability in- the way of reform. Doctors across the State in North surance market. I can say that special interests are Carolina report they have been forced The U.S. Department of Health and not the patients across this country, it to reduce the coverage of critical med- Human Services cited that North Caro- is not the patient who is looking for ical services, especially in obstetrics, lina is tied with Nevada for the most neurosurgery, orthopedics, plastic sur- the specialist in North Carolina. mega malpractice awards in recent The letter goes on to say: gery, and primary care because of the years. But some in this institution sug- I can tell you from the point of view of sharp increase in the cost of medical gest that there is not a medical liabil- someone on the front line of medicine that malpractice insurance coverage. It has ity crisis in America. America’s (and North Carolina’s) medical li- gotten so high they cannot afford the Not only is it a crisis, health care ability crisis has to be solved. Medical law- coverage. services are out of the realm of the av- suit abuse and unpredictable and huge ver- Hospitals are concerned about the po- erage American. It is driving doctors dicts are forcing good doctors out of prac- tential reduction in their services to out of the profession of delivering med- tice. Fewer young doctors are entering im- their communities in the future as a ical services. In medical schools across portant, but high risk specialties, including orthopedics, obstetrics, and emergency medi- result of the current crisis in medical the country this year, just as last year liability insurance where premium in- cine. Others are cutting back on critical, but and the year before, many students risky procedures, leaving patients to wonder creases and declining reimbursements will make a decision as to the special- where they will get care when they most continue. Hospitals report that the in- ties they choose for their entire med- need it. surance crisis is making it increasingly ical profession based upon the likeli- The cost of defensive medicine alone more difficult for their medical staff to hood of being sued in a court versus is staggering. I see it all the time: doc- obtain adequate insurance coverage, where their interests and their love tors ordering tests and referring pa- and more importantly, at affordable might exist in health care. But some tients to specialists more out of fear of prices. suggest there is not a liability crisis in lawsuits than because doctors believe The crisis is real. We can no longer in America. the tests or extra visits are medically this institution act like an ostrich, put In North Carolina today we have a indicated. These costs are dragging our head in a hole in the ground, and shortage of OB/GYNs, we have a short- down our health care system and our believe because we cannot see it, it age of neurosurgeons, we have a short- economy, and they ultimately increase does not exist. age of thoracic surgeons. When you out-of-pocket patient costs. It is time Some nursing homes in North Caro- look at the demographic shift that is lina this year have no choice but to op- we fix this broken system. happening in America, the Census Bu- I am not sure that anyone summed erate without liability insurance in reau projects that in North Carolina up the crisis in America in a one-page order to stay open. The oldest and the alone we will have a 53-percent in- letter better than this doctor, this doc- frail in this country would not have crease in the State’s population over tor who said that he is on the front line the facilities to live in but for the the next 20 years. We will be the sev- of medicine in America and in North brave decision of some owners that enth most populated State. The OB/ forego the insurance they can’t afford. Carolina. He put his finger on the point Other long-term care facilities, faced GYNs better move there because with- that if we don’t solve it today, fewer with the huge increase in premiums, out OB/GYNs we are not going to de- young doctors will be entering the pro- have been forced to reduce staff hours, liver new babies. If they move there for fession. That means less choice. Fewer freeze wages and reduce residents’ ac- retirement, which is probably our larg- doctors doing high-risk procedures in tivities. Those are things we do not est growth area, they may find out trauma care, something that doctors want to see happen to that population. that they are moving to a State that perform because they are trying to North Carolina faces a medical liabil- has a tremendous health care infra- save a life. ity insurance crisis. I had a friend who structure but the state does not have Others are cutting back on critical graduated from Wake Forest with me the specialists in neurology, in neuro- but risky procedures, leaving patients and was lucky enough to go to medical surgery, and thoracic surgery available to wonder who will be there to do these school. Today he is a nephrologist. I for their age group, and then they will procedures. don’t even know what a nephrologist have not made the wisest decision. But In this institution, we fight cost and is. I am not sure that too many people some suggest there is no crisis. access. In America, we fight cost and in America know what a nephrologist Lawsuits today are the leading cause access. Many times the decisions we is. But I can tell you that he tells me of liability insurance increases. make as Americans, such as choosing nephrologists rarely get sued. In the Changes are needed to protect patient to move to a particular area because last 3 years, his liability insurance has access to health care. States that have the schools are good, also includes the increased 300 percent. He has had a 300- enacted comprehensive common sense big component that there is a major percent increase in his cost to continue liability reforms have experienced medical facility available for us and to practice medicine in a specialty that much lower increases in medical liabil- our family. rarely sees lawsuits. ity insurance premiums compared to The realities are, as this goes on, North Carolina hospitals have experi- States such as North Carolina and Ne- those major medical areas are going to enced medical liability insurance pre- vada because we have yet to adopt such be more and more important because in miums increasing from 400 to 500 per- reforms. rural America there will not be doc- cent for the past 3 years, with small It is imperative this institution ac- tors. And if there are no doctors, we rural hospitals experiencing the great- cept the national responsibility to end know today, based upon what doctors est increases. this crisis in health care, to make sure tell us, there won’t be OB/GYNs. We According to two recent studies, that the next students in our medical will have to tell pregnant women, let North Carolina’s nursing homes are ex- schools make decisions based upon us know when you think you are going periencing a tremendous increase in where they want to practice and who, to go in labor because it is a 2-hour their medical liability premiums. Pre- in fact, they want to help and not drive to the nearest facility that deliv- miums for some nursing homes in based upon where their fear exists of ers babies. Or, as we have seen in some North Carolina have skyrocketed by as where the trial bar is most likely to places, no natural child births, only much as 1,800 percent since 1995. But target for the next lawsuit. Caesarian, because there is a risk of some in this institution suggest there Over the years, I have heard from a litigation to natural delivery that does is not a liability crisis in health care in lot of folks in North Carolina. I re- not exist with the procedure of Cae- America. ceived this letter from a doctor in sarian birth. But some suggest in this The U.S. Department of Health and Greensboro, NC, in the month of April. institution that the liability crisis does Human Services has concluded that the It says: not exist in America.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4042 CONGRESSIONAL RECORD — SENATE May 4, 2006 We come to the Senate to debate how indirectly by the liability crisis that eloquent words spoken by the Senator we change health care policy so that exists in medicine today—to make sure from North Carolina about a national health care is accessible and affordable their voice is heard, their face is seen, crisis in access to good quality health for all Americans. We understand that in this institution, as we talk care. today how many Americans, or we about solutions, we look around the Some have said we do not so much think we do, go without insurance, country and say: What have others have a health care system in America without coverage, without the security done? today as a sick care system. We know at night of knowing that whatever hap- Well, that is what we are getting there is a lot we can do to change that pens to them, they have a policy to ready to do next week. We have looked and improve that. But we, at bottom, take care of. around the country and seen who has need to make sure everyone in this If we did not solve this problem, it been successful. And we are going to country has access to good quality does not matter what the policy says. adopt a model that exists in Texas. It health care. If the doctor is not there, where is our is not one that tightens as much as One of the ways we do that is by level of security? Where is the level of California. California, usually not nec- making it less onerous for health care security of an American today that essarily the one that looks at Wash- providers—doctors and hospital work- lives in a rural market where their hos- ington and says: Limit something for ers—to practice their chosen profes- pital is closed? Not just their doctor us—California woke up and said: There sion. But right now—because of soaring left, but because of an 1,800-percent in- may not be a liabilities crisis in Amer- costs of medical liability insurance, be- crease in the cost of liability insur- ica, but there is a liability crisis in cause of our unpredictable, some might ance, they have decided to close the California, and we are going to put say, litigation lottery system in this doors. caps in, we are going to bring some country—we need to come up with The burden falls on the payer—us— sanity to the system, we are going to some practical ways to solve that prob- on insurance companies to try to raise bring in the parameters that drive lem, to help bring down those costs, to price’s down and encourage doctors to the reimbursements big enough to make it possible for doctors and health practice here in, yes, obstetrics, in neu- make the payments for liability cov- care providers to practice their profes- rology, in neurosurgery, and thoracic erage. Why? Because of mega-awards, sion. In the end, that is the only way surgery. because of the influence those mega- California thrives today. What was we are going to be able to follow awards have, in fact, had on the insur- California’s comment about what we through on this promise of universal ance product itself. might do in Washington? It was: My access to good quality health care in Dr. Handy was not the only one who gosh, don’t make us raise our caps to this country. wrote me. I had an interesting note what you are going to establish in all Now, we, fortunately—as Louis Bran- from a doctor in Fayetteville, a mem- the States. We are below that today. I deis described the States, he called ber of a four-person neurology practice never thought I would say: California them laboratories of democracy. And that cannot attract physicians to join does something right. Let’s mirror it. we know, as Americans, not all good the practice because of the inhos- But that day has come in the Senate ideas come from Washington, DC. In- pitable liability environment that ex- but at a time where some still suggest deed, an awful lot of bad ideas come ists. She and her husband are both neu- there is not a crisis. out of Washington, DC. What we need rosurgeons. They want to stay in North What do we want to do? Replicate to do is to look for good models and Carolina, but they may need to move what, in fact, States have replicated to good examples of success stories and to and are actively looking elsewhere be- address the high cost of health care, try to emulate those on a national cause they cannot even attract a neu- the lack of access, the flight of doctors, basis. rologist to come into an existing prac- the need for specialists. We want to Now, three times in the 108th Con- tice. adopt that nationally. It is as simple as gress we brought to the floor legisla- They realize, as two neurosurgeons, that. tion designed to modestly limit run- if your practice cannot grow based on Next week, people will come to the away damages—not for economic dam- today’s reimbursement structure, there floor of the Senate and they will, in an ages; that is, lost wages, medical bills, is no way they can survive. Increases incredible way, suggest there is not a and the like—but, rather, to provide in their costs of insurance have limited crisis in America. I want those in the some reasonable caps on what are their ability to deliver charity care. Chamber today to remember next week called noneconomic damages, things They have also decreased their partici- not just the doctors who say there is a such as pain and suffering, punitive pation in workers’ comp. Their prac- crisis, and it is real, but to remember damage awards, and the like. tice writes off more than $1 million a the patients out there who are directly Three times we brought proposals to year in uncollectible accounts. There affected by our inability to solve this this floor to provide modest caps, to are currently only four neurosurgeons problem. They are the ones for which try to emulate the success stories in in Fayetteville, NC—the pentagon of the safety net is supposed to be there States across this Nation, to try to the Army, Fort Bragg, NC, where over to protect them. But the safety net lower health care costs and increase 55,000 men and women in the U.S. Army only works if the infrastructure is access to health care, but we were de- call home. there. This is not about cost by itself nied an opportunity to have an up-or- But some still suggest there is not a today. This is about access. And when down vote on those reforms. crisis. You see, it is easy to suggest access goes away, our ability to ad- We brought forward a bill limited to that something does not exist because dress it with a safety net is gone. obstetricians and gynecologists be- I think there is a tendency in our sys- I urge my colleagues to stay engaged. cause of the lack of doctors to deliver tem that until it directly affects us, it I look forward to next week’s debate. babies for pregnant women. We were I thank the Presiding Officer for the really does not exist. told no. We then brought forward a bill The reality is that every day we meet time, and I yield back. limited to emergency room physicians, The PRESIDING OFFICER (Mr. in this incredible, historic institution, again, to try to deal with the crisis and BURR). The time of the majority has there are people across this country the lack of access to well-trained emer- expired. who do not have access to a doctor, The Senator from Texas. gency room physicians. Again, we were who cannot afford the services, who Mr. CORNYN. Mr. President, I ask told no by the other side of the aisle. have been affected by the fact that the unanimous consent to speak for up to But I have learned one thing in the liability crisis in America is, in fact, 20 minutes in morning business. short time I have been in the U.S. Con- real and has affected them. The PRESIDING OFFICER. Without gress; and that is, perseverance pays Well, the challenge for this Senate, objection, it is so ordered. off. So if at first you do not succeed, as we move forward, is to make sure try, try again, because, hopefully— f our voices are louder than those who hopefully—circumstances will have suggest there is not a crisis, to make MEDICAL LIABILITY REFORM changed, people will reconsider. Hope- sure the human face of those around Mr. CORNYN. Mr. President, I come fully, constituents, whom Members of America—who are affected directly and to the floor to add a few words to the the Senate represent, are talking to

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4043 their Senators and saying: We need re- Texas medical board is anticipating a With this reform, Dr. Cantu and his form. We need change. And so here we record 4,000 applications for new physi- partner are now able to deliver babies are again to make another try. cian licenses just this year, which is once again. When asked why propo- Just 21⁄2 years ago, the voters in my twice last year’s total, and 30 percent sition 12 in Texas helped him, Dr. State, the voters in Texas, passed prop- more than the State’s single greatest Cantu said: osition 12, a referendum that paved the growth year. Because now I come out ahead instead of way for medical liability reform and After a net loss of 14 obstetricians be- paying to be an obstetrician. Prop. 12 made helped to stem the tide of frivolous and tween the years 2001 and 2003, Texas the practice of obstetrics affordable. expensive litigation that had for so has now seen a net gain of 146 obstetri- After 4 years of searching for a neu- long plagued our civil justice system. cians. Texas experienced a net loss of rosurgeon in Corpus Christi, the com- The result: Decreased costs and in- nine orthopedic surgeons from 2000 to munity successfully recruited Dr. Mat- creased numbers of physicians. And 2003. Since these reforms were passed, thew Alexander from a Wisconsin resi- with it, better access to good quality the State has experienced a net gain of dency program. Dr. Alexander told the health care for the people of my State. 127 orthopedic surgeons. And those who Corpus Christi Caller-Times he would Consider the following: All major need it most are the ones who are bene- not have come to Texas had the re- physician liability carriers in Texas fiting, as physicians move to jurisdic- forms not passed. As a result, patients have cut their rates since the passage tions where there has been a woeful are now getting procedures previously of the reforms, most by double digits. lack of available health care. unavailable to them. Texas physicians have seen their liabil- Sadly, in my State, the parts of the Consider, for example, high school ity rates cut, on average, 13.5 percent. State that need access to health care principal and triathlete Travis Roughly half of Texas doctors have the most are the ones that have been Longanecker, who was a recipient of an the least hospitable and, indeed, the seen their rates slashed a quarter, pro- artificial disc in his back, the first pro- most hostile to the health care pro- ducing roughly $49 million in cedure of its kind in south Texas. The viders because they have been the annualized premium savings for Texas surgery has alleviated his pain and al- areas where medical liability lawsuits physicians. lowed him to return to a normal life— have run amok. This, in fact, has Let me make clear, this is not just again, a procedure that could not have helped rein that in and bring some about saving doctors money. That is previously been performed because Cor- common sense to the system. not what this is about. This is about pus Christi was having a difficult time For example, Cameron County, along patient access because when the costs the Texas-Mexico border, is experi- recruiting a neurosurgeon to actually of doing business go so high, doctors encing the greatest ever increase in come practice there. Or consider who have practiced a long time, who numbers of physicians. Jefferson Coun- George Rodriguez, who had a spinal ab- are nearing retirement, say: Do you ty, which is Beaumont, Nueces County, scess and arrived at the hospital para- know what. I think I am going to retire which is Corpus Christi, and Victoria lyzed from the waist down. He had been early. Or when young, smart men and County, which is Victoria, saw a net in a paralyzed state for roughly 24 women are deciding what careers to loss of physicians in the 18 months be- hours. Dr. Alexander again successfully pursue—if they look at a career where fore these reforms were passed, but performed the necessary procedure. the overhead costs of practicing their currently all three counties are pro- But had the surgery been delayed for as chosen profession are so high that the ducing impressive gains, adding much little as 1 hour, George Rodriguez rate of return on this investment they needed specialists and emergency room would have been paralyzed for life. have made will be so low—they will de- physicians. As a result, the people of These stories are not about theory. cide to do something else. those areas have benefited enormously. This is not about actuaries and about That is why we have had a lack of ac- Each of the medically underserved insurance policies and premiums. cess to health care in my State and in communities of Corpus Christi and These stories are not the stuff of aca- this country and why this issue of li- Beaumont now has a neurosurgeon that demic journals, and these stories at ability insurance rates coming down is they did not have before the passage of bottom boil down to basic issues of life so important to the ultimate goal of the reforms. and death and quality of life. These are increased access to good quality health Sometimes lost in the numbers are real-life examples. These are real peo- care. the real benefits that are realized, the ple whose lives are much better as a di- In my State, since the reforms were day-to-day improvements in the lives rect result of the relief provided after passed, five carriers have announced of the people who are affected. After the people of Texas took to the polls, double-digit rate cuts, and recently the passage of these reforms, two ob- took action, and passed these reforms. Medical Protective, a company that stetricians in the small town of Fred- While I am very proud of the reforms writes medical liability insurance cov- ericksburg, TX, announced their return passed by Texas and the great strides erage, announced a 13-percent rate cut with an advertisement in the local we have been able to make in that in February—their third announced newspaper that said: ‘‘We’re Back.’’ State of 23 million people toward a bet- rate cut within a span of 11 months. One of these obstetricians, a Dr. David ter health care system, the fact is, we The largest underwriter, Texas Med- Cantu, had been working for more than now have an opportunity to extend ical Liability Trust, has cut premiums 10 years with no claims, but he and his those benefits to all of the people in almost 21 percent, resulting in $86 mil- partner had to quit practicing their this country by passing nationwide leg- lion in savings, plus a $10 million divi- profession of obstetrics and gynecology islation which would build on that dend for its policyholders. because of the cost of insurance. Dr. Texas model and accomplish these re- Competition is also increasing. With Cantu’s overhead was hitting 100 per- forms. I hope our colleagues who pre- the passage of these reforms, Texas has cent. In other words, everything he was viously have blocked our ability to added three new regulated carriers, 20 earning was going to overhead, and he have an up-or-down vote on this impor- unregulated carriers, and now Texas had a 3-month stretch of time when he tant legislation will reconsider. The physicians can competitively shop for could not draw down any pay whatso- proof is as plain as the nose on your their medical liability insurance poli- ever. face. It is there for anyone and every- cies. As soon as Dr. Cantu stopped deliv- one to look at and to learn from. I hope But that is not the only good news. ering babies, the practice saw an im- those who have previously blocked our By far, the most encouraging results of mediate decrease in their insurance ability to address this important issue these reforms has been a flood of new costs, but the patients were negatively will have learned and will reconsider. physicians coming to Texas. So there impacted because they then had to Obviously, health care is so impor- are more people to treat my constitu- travel miles away to have their babies tant to all of our families and all of our ents, the patients of Texas. delivered. This was doubly difficult for lives. I am pleased that we will also be Since proposition 12 passed, this med- them considering that a full 70 percent bringing to the floor the Health Insur- ical liability reform, Texas has added of Dr. Cantu’s patients were Medicaid ance Marketplace Modernization and somewhere in the order of between patients and 40 percent were Spanish- Affordability Act of 2005. That is a long 3,000 and 4,000 new physicians. The speaking patients. title, but basically it is about giving

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4044 CONGRESSIONAL RECORD — SENATE May 4, 2006 small businesses and other individuals up because they thought that he was gress, it has been a marvel to see the an opportunity to pool together to try gay. success of this train and its example of to make health insurance coverage I believe that the Government’s first how high-speed rail can be successful in more affordable and accessible so more duty is to defend its citizens, to defend our country. I am a frequent rider of people can have health insurance. We them against the harms that come out the Acela Express between New Jersey can use this to build on some of the of hate. The Local Law Enforcement and Washington, and I appreciate the great reforms we passed as recently as Enhancement Act is a symbol that can service for the same reasons that many 2003 which allow people to create such become substance. I believe that by others do: it is efficient, it is com- things as health savings accounts, passing this legislation and changing fortable, it is cost-effective, and it is which has given rise to the whole no- current law, we can change hearts and convenient. Most tellingly, the Acela tion of consumer-driven health care. minds as well. Express’s operations do not require a Someone pointed out to me not too f subsidy, and I expect its ridership to long ago that we know more about the continue to grow as others discover the 35TH ANNIVERSARY OF AMTRAK used cars we buy than we do about the advantages of this remarkable train. health care services we purchase be- Mr. LAUTENBERG. Mr. President, I Mr. President, it is unfortunate that cause we can find out about quality, we rise today to commemorate the 35th despite the great successes of Amtrak, can find out about price, and we can anniversary of Amtrak. When the first it is necessary for the many defenders compare. The fact is, the American Amtrak Clocker train left New York, of the system myself included to fight consumer is largely denied that oppor- bound for New Jersey and Philadelphia, for its survival at every turn. There are tunity, and we need to provide that on May 1, 1971, it ushered in a new era many within the Bush administra- sort of transparency so that patients of passenger rail travel in the United tion—and within the House and Sen- can compare and make the best deci- States. Millions of passengers from ate—who would like nothing better sion for their needs and their family, every corner of America can attest to than to see Amtrak wither and die, and which, not coincidentally, will help the fact that Amtrak remains a vital stranding millions of travelers in the bring down the price of health care part of our nationwide transportation process. We cannot let this happen, and services because people will be able to network, and I firmly believe it’s im- as long as I am a member of the Sen- then pay out of their health savings ac- perative that we not just preserve our ate, I will not let this happen. I will count. Obviously, that will have an im- nation’s passenger rail system, but also continue to work with a diverse set of pact on utilization rates as well. develop it. colleagues on both sides of the aisle I thank the Chair for his patience Amtrak’s transformation from a tiny who realize the advantages of providing and willingness to assume that posi- initiative with only 25 workers and options for travelers and having a bal- tion so I could say these few words widespread expectations of failure, to a anced national transportation system. In short, Mr. President, I salute Am- both out of pride for my State and for successful national corporation with trak for its achievements, and I extend the successful experiment we have con- 19,700 employees in nearly every state, the railroad and its employees, who are ducted in Texas which has now served is one of the great success stories I’ve the backbone of the railroad’s oper- as a wonderful model for the United witnessed during my many years in the ation, warmest wishes for continued States going forward to try to address Senate. Every day approximately 68,000 success through the next 35 years. a true crisis. But not only a crisis, it is travelers rely on Amtrak as an effec- something that, once we address this tive alternative to the hassles and f and hopefully pass this medical liabil- delays of air travel, and the increas- VOTE EXPLANATION ingly prohibitive gas costs and traffic ity legislation, Senator ENZI’s health Mr. HATCH. Mr. President, due to care bill which will provide greater ac- congestion associated with highway the untimely loss of my beloved sister, cess to health insurance and provide travel. Marilyn ‘‘Nubs’’ Hatch Kuch, I have Amtrak remains enormously impor- people with a better life, that we will been necessarily absent for a portion of tant to my home State of New Jersey. ultimately have done something good the debate and votes on Wednesday, Last year, for instance, over 3.4 million that the American people can say: I May 3 and Thursday, May 4, 2006. know my Senator and my Congressman people boarded or exited an Amtrak Concerning the votes I missed, if I are up in Washington, and they are ac- train at the six rail stations in New were present I would have voted as fol- tually listening to what we are saying. Jersey, and nearly 1,700 New Jersey lows: nay for amendment No. 3616, They are actually dealing with the residents worked for Amtrak during striking funding to States based on great issues that affect the quality of this same time period. Approximately their production of certain types of my life and my family’s life, and that 110 Amtrak trains travel through my crops, livestock and/or dairy products; we will have done something of which home State every day; this service, nay for amendment No. 3673, providing we can be very proud. combined with the many rail lines that funds for assessments of critical res- I yield the floor. New Jersey Transit, SEPTA, PATH, ervoirs and dams in the State of Ha- f and PATCO operate, truly makes New waii; nay for amendment No. 3601, allo- Jersey a national leader in passenger cating $1,000,000 for the monitoring of LOCAL LAW ENFORCEMENT rail. I am immensely proud of this dis- waters off the coast of the State of Ha- ENHANCEMENT ACT OF 2005 tinction—as all New Jerseyans are— waii; yea for amendment No. 3704, allo- Mr. SMITH. Mr. President, I rise and it would not be possible without cating $20,000,000 from the AmeriCorps today to speak about the need for hate Amtrak. The benefits of such a system program to the Veterans Health Ad- crimes legislation. Each Congress, Sen- are immense; without rails, our State ministration for medical facilities; yea ator KENNEDY and I introduce hate would suffocate under extreme high- for final passage of H.R. 4939, the Fiscal crimes legislation that would add new way and airport traffic congestion. On Year 2006 Emergency Supplemental Ap- categories to current hate crimes law, Amtrak’s Northeast Corridor service propriations Act for Defense, the Glob- sending a signal that violence of any between Washington, DC, and Boston, al War on Terror, and Hurricane Recov- kind is unacceptable in our society. MA, which stops at several points in ery; yea for Executive Calendar No. 617, Likewise, each Congress I have come to New Jersey, the trains carry as many the nomination of Brian M. Cogan of the floor to highlight a separate hate people as 75,000 fully loaded Boeing 757 New York to be the U.S. District Judge crime that has occurred in our coun- jets each year. By contrast, there are for the Eastern District of New York; try. only 102 flights between downtown and yea for Executive Calendar No. 618, In December, 2004, a 30-year-old man Washington, DC, and the three New the nomination of Thomas M. Golden was beaten outside a restaurant in York City-area airports on an average of Pennsylvania to be the U.S. District downtown Seattle, WA. The man re- weekday. Judge for the Eastern District of Penn- ceived a concussion, split lip, loose On December 11, 2000, the first Acela sylvania. None of these votes would teeth, a black eye, and bruises from Express service began on the Northeast have changed the final outcome. being kicked while on the ground. The Corridor. As one of the leading pro- Mr. SCHUMER. Mr. President, yes- victim believed his assailants beat him ponents of high-speed rail in the Con- terday I was pleased to introduce,

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4045 along with 21 of my Senate colleagues year, a mayoral candidate became the cluded in the planning and develop- from diverse political, geographic, and first Latino to win his party’s nomina- ment of a housing authority’s objec- ethnic backgrounds, a bipartisan and tion. tives and priorities. My legislation bicameral bill to reauthorize the Vot- These strides are important, but they makes certain that residents have an ing Rights Act of 1965. are too few and too recent to say for opportunity to comment on any The Senate Judiciary Committee has certain that the goals of the Voting changes to the goals, objectives, and had a very busy year. Last Fall, while Rights Act have been met. There is policies of the agency. Housing au- the House was beginning its hearings still a lot of work to do, and as a mem- thorities are also required to notify on the Voting Rights Act, we were just ber of the Judiciary Committee, I look tenants of any proposed changes at finishing our hearings and final vote on forward to reviewing the evidence and least 45 days before the public hearing the nomination of John G. Roberts, Jr. testimony that is going to be presented occurs. The annual public meeting, in to be Chief Justice of the Supreme at our hearings in the weeks to come, combination with State and local pub- Court. Soon after that, we began pre- and to working with my colleagues lic meeting requirements, will con- paring for hearings on the nomination from both Houses and on both sides of tinue to ensure that any changes made of Harriet Miers to replace Justice the aisle to ensure that this bill is to a PHA’s policies are well vetted, O’Connor on the Supreme Court. When passed well before the deadline. with particular attention paid to resi- that nomination was withdrawn, we f dent concerns. had to start over with a new nominee, PHA directors in my State and SMALL PUBLIC HOUSING AUTHORI- Samuel Alito. We held hearings for across the country contend that this TIES PAPERWORK REDUCTION Justice Alito in January, and since legislation is a significant step toward ACT then, we’ve had a very full schedule reducing the excessive paperwork and which has included several hearings on Mr. SUNUNU. Mr. President, I rise to reporting requirements that burden the legality of the President’s domestic speak on legislation I introduced yes- their agencies. I agree, that by miti- spying program and, of course, count- terday, the Small Public Housing Au- gating some of this burden, we will less hours marking up comprehensive thorities Paperwork Reduction Act. allow PHAs to focus more time and en- immigration legislation. This legislation is an important step ergy for their mission-driven service to So, we are just now beginning our toward alleviating some of the burden their housing residents. Not all PHAs work on the Voting Rights Act. But placed on our Nation’s smallest public have the time, staff, or resources avail- our relatively late start here in the housing authorities. PHAs play an im- able to complete these annual plans. Senate should not be interpreted to portant role in meeting the housing Some PHAs have had to hire outside suggest that the Voting Rights Act is needs of the Nation’s low-income indi- consultants to complete the plans, a not a priority compared to the other viduals, families, seniors, and the dis- costly expense for these agencies. matters we have had to address. To the abled. Unfortunately, they face a chal- Given the fiscal constraints PHAs are contrary, the actions we take with re- lenge when balancing the housing facing, it is more important now than spect to the Voting Rights Act—like needs of those they serve with the, of- ever to give housing authorities the the actions we took during the Su- tentimes, consuming and duplicative flexibility needed to work within these preme Court confirmation hearings— reporting requirements placed upon budget constraints. This legislation is will dramatically impact the rights them. The legislation I am introducing one simple way Congress can assist in and lives of American citizens for gen- today seeks to address just one annual providing needed relief to PHAs. erations to come. report that will free up a significant My colleague, Congressman RANDY The Voting Rights Act has been amount of time and resources, allowing NEUGEBAUER, has introduced similar hailed as the single most effective housing authorities to focus more at- legislation which passed in the House piece of civil rights legislation that we tention on the individuals they serve. of Representatives on December 13, have ever passed. The Act does not Specifically, this legislation would 2005, by a vote of 387 to 2. The over- simply guarantee the right to vote, but exempt PHAs with 500 or fewer public whelming support in the House for it ensures the effective exercise of that housing units and any number of sec- such an initiative makes very clear the fundamental right. In 1965, when Presi- tion 8 vouchers from the requirement need for this type of relief. I am hope- dent Johnson signed the bill into law, of submitting an annual plan to the ful my colleagues in the Senate will there were only 300 minorities elected Department of Housing and Urban De- also see the value of providing paper- to State, local, or federal office. Today, velopment. The 1992 Public Housing work reduction for those agencies that just 4 decades later, there are some Reform Act required PHAs to submit have demonstrated their ability to 10,000 minorities serving as elected separate 5-year and annual plans to comply with current regulations. public officials. HUD. The redundancy of the annual Finally, I am pleased to have the sup- Leaders from both parties, including plan process creates an undue burden port of the New Hampshire Housing Fi- President Bush and Attorney General for small PHAs by requiring them to nance Authority and local agencies Gonzales, have said they support reau- provide identical information to HUD across my State in this effort. New thorization. Today, leaders from both every 12 months. For example, an an- Hampshire’s PHAs continue to do an parties of both houses of Congress have nual plan outlines a PHA’s goals, poli- exceptional job of providing for the come together to introduce this reau- cies, eligibility guidelines, and other housing needs of those who need it thorization bill. information that is unlikely to change most. State and local housing agencies The magic of the Voting Rights Act from year to year. Under this bill, perform an invaluable community is apparent in my own hometown, New small PHAs would only be required to function by securing housing for fami- York City. New York City is one of the submit their 5-year plan—a more ap- lies and individuals in need. I remain most diverse cities in the country, and propriate timeline for reevaluating committed to working further with the Voting Rights Act has been ex- their goals and policies—to better them throughout this legislative proc- tremely effective in ensuring that all allow them to use scarce human and fi- ess and to reducing unnecessary federal of our citizens are able to participate nancial resources to directly serve the regulatory burdens for housing. equally in the political process. But needs of their communities. Addition- f many of the Act’s successes in New ally, this bill would only exempt those York have come only since the last PHAs that have demonstrated compli- COVER THE UNINSURED WEEK time we renewed its major provisions. ance with HUD regulations. PHAs that Mr KOHL. Mr. President, this week For example, the first African Amer- have been designated by HUD as trou- has been designated Cover the Unin- ican mayor of New York City wasn’t bled would not be exempted from the sured Week. It is week that we mark elected until 1989, and the first African annual plan. every year to spur our Nation to act to American wasn’t elected to statewide It is also important to note that address the growing number of Ameri- office until 1994. In 2002, the first Asian PHAs would still be required to con- cans who lack health insurance. Sadly, American was elected to the New York duct an annual meeting in which resi- that this has become an annual event City Council. And finally, just last dents and community members are in- shows that we have made little

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4046 CONGRESSIONAL RECORD — SENATE May 4, 2006 progress. I hope this year will be dif- sive prescription drugs from Canada perseverance that have brought them ferent, and that the administration and and other countries with strong protec- this victory. They are wonderful exam- the congressional leadership will fi- tions to ensure the safety of those ples of true scholarship, and have made nally make health care a priority. medicines. I have also cosponsored leg- Taft High School, the county of Los The U.S. Census Bureau estimates islation to speed to market generic Angeles, and the State of California that more than 45 million Americans drugs, which cost much less than their very proud. lack health insurance—that is one out brand-name counterparts. And I believe What is more extraordinary is that of every six people. Wisconsin fares we must allow Medicare to negotiate each Taft High School team member slightly better with 11 percent of our directly with drug companies for lower placed first, second, or third in all ten population without health coverage. prices for seniors participating in the of their individual events, totaling 43 These numbers have increased every new Medicare drug benefit. medals and capturing 7 of the top 9 year since 1999. All across the country, America is the leader of the world in awards for individual performance. families and businesses are struggling health care innovation. We have the Equally important, the Taft High to afford basic health care, and too highest per-capita spending on health School Academic Decathlon Team is many are losing the battle. care of any developed nation, but we one strengthened by diversity, includ- Government joined the fray, with rank at the bottom when it comes to ing students from Russia and Ban- some success, in the past. In 1997, Con- health insurance coverage. gladesh. Good schools, like good soci- gress created the State Children’s That is inexcusable. For too long we eties and good families, celebrate and Health Insurance Program, which led have said the right things, but failed to cherish diversity. to the BadgerCare program in Wis- take concrete action. Let’s make the Many of these students have decided consin. Since SCHIP’s inception, the next year different. Next year, we to take their scholastic successes to program has provided medical coverage should spend this week celebrating real the next level, and will attend a myr- and care to millions of children progress rather than lamenting an- iad of prestigious colleges and univer- throughout the Nation who otherwise other year of inaction. Another year of sities in the fall. All participants have would have gone without. In addition, empty rhetoric and pointing fingers already taken undergraduate-level States have stepped in to provide a will get us no closer to the goal of en- courses, and their passionate pursuit of safety net for the poorest of the poor suring all Americans reliable, afford- academic excellence is indeed note- through Medicaid and high-risk insur- able health coverage. I stand ready to worthy. ance pools. work with those on both sides of the Once again, I would like to honor the Despite these gains, many working aisle who are interested in making a entire Taft High School Academic De- families still need help. According to a real difference in the coming year. cathlon Team on a well-deserved vic- report by the nonpartisan Common- f tory. Each of these students holds won- wealth Fund, 41 percent of working-age derful promise and I applaud them for Americans with incomes between ADDITIONAL STATEMENTS their many achievements. Their fu- $20,000 and $40,000 a year were unin- tures are bright and their performance sured for at least part of 2005. This is a RECOGNIZING TAFT HIGH SCHOOL will continue to serve as an inspiration dramatic increase from 2001, when just to us all.∑ ∑ Mrs. FEINSTEIN. Mr. President, I 28 percent of those with moderate in- f comes were uninsured. would like to take the opportunity to This is an alarming statistic but not congratulate the students of the Taft HAL DAVID CELEBRATES HIS 85TH surprising. Skyrocketing health care High School Academic Decathlon Team BIRTHDAY costs have rendered insurance on becoming this year’s 2006 National ∑ Mr. KENNEDY. Mr. President, May unaffordable to most families and busi- Champions. 25th marks the 85th birthday of an ex- nesses. In 1996, annual premiums for Each year, the U.S. Academic De- traordinary American artist—Hal employers grew by 0.8 percent; by 2003, cathlon tests our Nation’s best and David. Hal is one of America’s most that growth averaged 13.9 percent. Last brightest in a host of subjects includ- prolific and beloved lyricists, and I year, the average premium jumped 9.2 ing calculus, writing, impromptu congratulate him as he celebrates this percent, and some areas of Wisconsin speaking, music, and art history. The birthday and a lifetime of memorable saw increases of as much as 24 percent. competition is consistently among the songs. All employers struggle with the costs most rigorous in the country. Hal David’s music has been enter- of health care, but none more than the Amassing an outstanding 51,659 taining millions for generations. His small employer. Many have stopped of- points out of a possible 60,000, Taft collaborations with Burt Bacharach on fering health insurance altogether, High School earned one of the most songs performed by Dionne Warwick swelling the number of uninsured full- sweeping and significant victories in are legendary. He has won the hearts of time workers. recent decathlon history. As one de- music lovers of all ages, and has earned Congress could help employers to cathlon official noted, ‘‘I’ve never seen 20 gold records, several Grammys, and continue providing health insurance by anything like this.’’ an Academy Award. passing the Small Employers Health These students could not have Over the years he has also earned the Benefits Program Act, which I cospon- achieved this memorable accomplish- immense respect of his colleagues na- sored. The legislation, modeled after ment without the tremendous support tionally and internationally. He was the health insurance system available and encouragement from their dedi- elected to the Songwriter’s Hall of to Federal workers, allows small em- cated teachers and parents. Fame and awarded their prestigious ployers to band together to purchase I commend the team coach Dr. Ar- Johnny Mercer Award. He received the health insurance for their employees thur Berchin and Taft High School fac- Grammy Trustee Award from the and negotiate better prices. It also ulty and administrators for their in- Academy of Recording Arts and gives employers a refundable tax credit valuable guidance, and I applaud the Sciences, and the Ivor Novello Award to help with the costs of providing in- participants’ parents for their unwav- from the British Performing Rights So- surance for low-income employees. ering dedication and commitment to ciety. Helping employers afford health care helping these students reach their full He has written film scores including premiums is only part of the answer; potential. ‘‘The April Fools’’ and ‘‘A House is Not we also must tackle the problem of es- I would also like to recognize team a Home.’’ His brilliant works for the calating health care costs driven large- members Zachary Ellington, Michael theater include ‘‘Promises, Promises,’’ ly by the rising cost of prescription Farrell, Farhan Khan, David Lopez, which received a Grammy Award and a drugs. Americans pay the highest David Novgorodsky, Julia Rebrova, Tony Award nomination. prices in the world for medicines sold Atish Sawant, Dean Schaffer, and Hal has been an inspiring advocate in other countries for a fraction of the Monica Schettler for their tremendous for young songwriters as well. He is a cost. I support reforms such as allow- poise and determination. I encourage member of the board of directors of ing Americans to purchase less expen- them to continue the hard work and ASCAP and formerly served as its

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4047 President. He is also chairman of the troops accomplish their missions, and I MESSAGES FROM THE HOUSE board of the National Academy of Pop- am very proud that such an exemplary ular Music. company calls Massachusetts home.∑ ENROLLED BILLS SIGNED It is worth pointing out, as we debate f immigration reform, that Hal wrote At 9:33 a.m., a message from the CONGRATULATING THE STUDENTS the song, ‘‘America Is,’’ which was the House of Representatives, delivered by OF EAST BRUNSWICK HIGH official song of the Liberty Centennial Ms. Niland, one of its reading clerks, SCHOOL campaign for the restoration of the announced that the Speaker has signed Statue of Liberty and Ellis Island. ∑ Mr. LAUTENBERG. Mr. President, I the following enrolled bills: Many of us are privileged to know rise today to congratulate the students S. 584. An act to require the Secretary of Hal personally. He is a remarkable art- of East Brunswick High School in New the Interior to allow the continued occu- ist and an outstanding humanitarian. Jersey for winning the 2006 ‘‘We the pancy and use of certain land and improve- Hal wrote the famous ‘‘What the World People: The Citizen and the Constitu- ments within Rocky Mountain National Needs Now is Love,’’ and in so many tion’’ competition. The breadth of Park. ways, Hal has always expanded that knowledge displayed about our govern- H.R. 3351. An act to make technical correc- love with his magnificent songs that ment should serve as an inspiration to tions to laws relating to Native Americans, have enriched all of our lives. I con- all Americans. and for other purposes. gratulate him on this special birthday, The road to the national champion- The enrolled bills were subsequently and I wish him many more beautiful ship was not an easy one. The students signed by the President pro tempore years. As my mother would have said, spent months researching different (Mr. STEVENS). ‘‘Tell that nice young Hal David not to constitutional topics, ranging from the At 12:15 p.m., a message from the worry about turning 85—he won’t slow philosophical underpinnings of the House of Representatives, delivered by down for another 10 or 15 years.’’ May Constitution to issues currently being Ms. Niland, one of its reading clerks, the raindrops keep falling on your debated on the Senate floor. Partici- head, Hal, and keep nourishing your pants then participated in mock con- announced that the House has passed special genius.∑ gressional hearings where they were the following bills, in which it requests the concurrence of the Senate: f questioned by state judges, professors, lawyers, and journalists. H.R. 4700. An act to provide for the condi- RECOGNITION OF AN OUT- East Brunswick first won the New tional conveyance of any interest retained STANDING MASSACHUSETTS Jersey state competition to earn the by the United States in St. Joseph Memorial CORPORATION Hall in St. Joseph, Michigan. right to participate in the national H.R. 5253. An act to prohibit price gouging ∑ Mr. KERRY. Mr. President, I am hon- finals here in Washington, DC. In three in the sale of gasoline, diesel fuel, crude oil, ored to recognize iRobot Corporation, days of intense competition, the stu- and home heating oil, and for other purposes. an outstanding Massachusetts com- dents competed against more than 1,500 The message also announced that the pany that develops cutting edge tech- other students from every State and House has agreed to the following con- nology, and to congratulate the board, the District of Columbia. This is East current resolutions, in which it re- management team and staff on the Brunswick’s third consecutive win in quests the concurrence of the Senate: quality products they provide to our this prestigious competition. I would like to congratulate each H. Con. Res. 99. Concurrent resolution ex- armed services. pressing the need for enhanced public aware- Minimizing troop casualties is an member of the East Brunswick High ness of traumatic brain injury and support endless task for both our civilian and School team: Brian Boyarksy, David for the designation of a National Brain In- military leaders, and I am proud to Chu, Nelson Chu, Dana Covit, Megan jury Awareness Month. represent a State that hosts some of DeMarco, Ben DeMarzo, Craig Distel, H. Con. Res. 359. Concurrent resolution au- the country’s leading thinkers in ad- Deborah Elson, Dana Feuchtbaum, thorizing the use of the Capitol Grounds for dressing that challenge. I had the Munira Gunja, Melinda Guo, Shelby the District of Columbia Special Olympics pleasure of visiting such a company re- Highstein, Evan Hoffman, Jayasree Law Enforcement Torch Run. cently and I was deeply impressed by Iyer, Ryan Korn, Michael Martelo, f the commitment and perseverance of Carol Ann Moccio, Jeffrey Myers, Ari MEASURES REFERRED the people at iRobot. Ne’eman, Daniel Nowicki, Aditya The following bill was read the first Founded in 1990 by three roboticists Panda, Sherwin Salar, Gil Shefer, from the Massachusetts Institute of and the second times by unanimous Aaron Sin, Lauren Slater, Eric Smith, consent, and referred as indicated: Technology—Helen Greiner, Colin Merichelle Villapando, Amy Wang, and Angle and Rodney Brooks—iRobot de- H.R. 4700. An act to provide for the condi- Jason Yang. Congratulations also to tional conveyance of any interest retained signs behavior-based, artificially intel- their coaches Barbara Maier and Joyce ligent robots. These robots are built to by the United States in St. Joseph Memorial Lentz, and their teacher Alan Hall in St. Joseph, Michigan; to the Com- perform dangerous duties that would Brodman. mittee on Environment and Public Works. otherwise risk the lives of our soldiers I am confident the Senate will join The following concurrent resolution in Afghanistan and Iraq. Their eco- me in wishing all the members of this was read, and referred as indicated: nomic impact on our state is consider- team congratulations and much suc- H. Con. Res. 99. Concurrent resolution ex- able. As a homegrown Massachusetts cess in the future.∑ pressing the need for enhanced public aware- business, iRobot brings in millions of f ness of traumatic brain injury and support dollars in revenue to the State’s econ- for the designation of a National Brain In- omy, and it is the only publicly traded MESSAGES FROM THE PRESIDENT jury Awareness Month; to the Committee on company dedicated solely to this Messages from the President of the Health, Education, Labor, and Pensions. emerging industry. United States were communicated to f I recently had the opportunity to see the Senate by Mr. Williams, one of his MEASURES PLACED ON THE firsthand an extraordinary piece of secretaries. CALENDAR equipment developed by iRobot—the f PackBot Tactical Mobile Robot. The The following bills were read the sec- PackBot is a lightweight robot de- EXECUTIVE MESSAGES REFERRED ond time, and placed on the calendar: signed to disarm IEDs. There are cur- As in executive session the Presiding S. 22. A bill to improve patient access to rently more than 300 PackBot robots Officer laid before the Senate messages health care services and provide improved deployed in Iraq, Afghanistan, and from the President of the United medical care by reducing the excessive bur- around the world. Since mobilization, States submitting sundry nominations den the liability system places on the health care delivery system. PackBot robots have performed thou- and a withdrawal which were referred S. 23. A bill to improve women’s access to sands of missions and in the process to the appropriate committees. health care services and provide improved saved countless soldiers’ lives. (The nominations received today are medical care by reducing the excessive bur- I applaud iRobot’s efforts to develop printed at the end of the Senate pro- den the liability system places on the deliv- 21st century technology to help our ceedings.) ery of obstetrical and gynecological services.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4048 CONGRESSIONAL RECORD — SENATE May 4, 2006 ENROLLED BILL PRESENTED EC–6709. A communication from the Pro- No. 2004-NM-128)) received on April 28, 2006; gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, The Secretary of the Senate reported tion, Department of Transportation, trans- and Transportation. that on May 4, 2006, she had presented mitting, pursuant to law, the report of a rule EC–6718. A communication from the Pro- to the President of the United States entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- the following enrolled bill: Eurocopter France Model EC 155B and B1 tion, Department of Transportation, trans- S. 584. An act to require the Secretary of Helicopters’’ ((RIN2120-AA64)(Docket No. mitting, pursuant to law, the report of a rule the Interior to allow the continued occu- 2004-SW-46)) received on April 28, 2006; to the entitled ‘‘Airworthiness Directives; BAE pancy and use of certain land and improve- Committee on Commerce, Science, and Systems Limited Model BAe 146 and Model ments within Rocky Mountain National Transportation. Avro 146-RJ Airplanes’’ ((RIN2120- Park. EC–6710. A communication from the Pro- AA64)(Docket No. 2005-NM-181)) received on gram Analyst, Federal Aviation Administra- April 28, 2006; to the Committee on Com- f tion, Department of Transportation, trans- merce, Science, and Transportation. EXECUTIVE AND OTHER mitting, pursuant to law, the report of a rule EC–6719. A communication from the Pro- gram Analyst, Federal Aviation Administra- COMMUNICATIONS entitled ‘‘Airworthiness Directives; Boeing Model 747 Airplanes’’ ((RIN2120-AA64)(Docket tion, Department of Transportation, trans- The following communications were No. 2005-NM-108)) received on April 28, 2006; mitting, pursuant to law, the report of a rule laid before the Senate, together with to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Boeing accompanying papers, reports, and doc- and Transportation. Model 747-200C, -200F, -400, -400D, and -400F uments, and were referred as indicated: EC–6711. A communication from the Pro- Series Airplanes’’ ((RIN2120-AA64)(Docket gram Analyst, Federal Aviation Administra- No. 2005-NM-187)) received on April 28, 2006; EC–6701. A communication from the Sec- tion, Department of Transportation, trans- to the Committee on Commerce, Science, retary, Federal Trade Commission, transmit- mitting, pursuant to law, the report of a rule and Transportation. ting, pursuant to law, a report entitled ‘‘Col- entitled ‘‘Airworthiness Directives; Boeing EC–6720. A communication from the Pro- lege Scholarship Fraud Prevention Act of Model 777-200 Series Airplanes’’ ((RIN2120- gram Analyst, Federal Aviation Administra- 2000 Annual Report to Congress—May 2006’’; AA64)(Docket No. 2005-NM-207)) received on tion, Department of Transportation, trans- to the Committee on Commerce, Science, April 28, 2006; to the Committee on Com- mitting, pursuant to law, the report of a rule and Transportation. merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing EC–6702. A communication from the Sec- EC–6712. A communication from the Pro- Model 747-200F, 747-200C, 747-400, 747-400D, and retary of Transportation, transmitting, pur- gram Analyst, Federal Aviation Administra- 747-400F Series Airplanes’’ ((RIN2120-AA64) suant to law, a report entitled ‘‘Funda- tion, Department of Transportation, trans- (Docket No. 2005-NM-008)) received on April mental Properties of Asphalts and Modified mitting, pursuant to law, the report of a rule 28, 2006; to the Committee on Commerce, Asphalts—II’’; to the Committee on Com- entitled ‘‘Airworthiness Directives; MT-Pro- Science, and Transportation. EC–6721. A communication from the Pro- merce, Science, and Transportation. peller Entwicklung GmbH Propellers’’ gram Analyst, Federal Aviation Administra- EC–6703. A communication from the Sec- ((RIN2120-AA64)(Docket No. 2004-NE-35)) re- tion, Department of Transportation, trans- retary of Transportation, transmitting, pur- ceived on April 28, 2006; to the Committee on mitting, pursuant to law, the report of a rule suant to law, the Safe Routes to School Commerce, Science, and Transportation. (SRTS) Task Force Report; to the Com- EC–6713. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Model 757-200 and -300 Series Airplanes’’ tation. tion, Department of Transportation, trans- ((RIN2120-AA64) (Docket No. 2005-NM-210)) received on April 28, 2006; to the Committee EC–6704. A communication from the Pro- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing EC–6722. A communication from the Pro- tion, Department of Transportation, trans- Model 747SP, 747SR, 747-100, -100B, -100B mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- SUD, -200B, -200C, -200F, and -300 Series Air- tion, Department of Transportation, trans- entitled ‘‘Part 95 Instrument Flight Rules planes’’ ((RIN2120-AA64)(Docket No. 2001-NM- (55)—Amdt. No. 460’’ ((RIN2120-AA63)(Docket mitting, pursuant to law, the report of a rule 213)) received on April 28, 2006; to the Com- entitled ‘‘Airworthiness Directives; Boeing No. 30486)) received on April 28, 2006; to the mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Model 720 and 720B Series Airplanes’’ tation. ((RIN2120-AA64) (Docket No. 2006-NM-031)) Transportation. EC–6714. A communication from the Pro- EC–6705. A communication from the Pro- received on April 28, 2006; to the Committee gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–6723. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; General entitled ‘‘Part 95 Instrument Flight Rules tion, Department of Transportation, trans- Electric Company CF34 Series Turbofan En- mitting, pursuant to law, the report of a rule (16)—Amdt. No. 459’’ ((RIN2120-AA63)(Docket gines’’ ((RIN2120-AA64)(Docket No. 2000-NE- entitled ‘‘Airworthiness Directives; Bom- No. 30477)) received on April 28, 2006; to the 42)) received on April 28, 2006; to the Com- bardier Model CL-600-2B19 Airplanes’’ Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- ((RIN2120-AA64) (Docket No. 2006-NM-020)) Transportation. tation. received on April 28, 2006; to the Committee EC–6706. A communication from the Pro- EC–6715. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–6724. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cessna entitled ‘‘Airworthiness Directives; General mitting, pursuant to law, the report of a rule Model 500, 501, 550, S550, 551, and 560 Air- Electric Company CF34-1A, -3A, -3A1, -3A2, entitled ‘‘Airworthiness Directives; Rolls- planes’’ ((RIN2120-AA64)(Docket No. 2004-NM- -3B, and -3B1 Series Turbofan Engines’’ Royce plc Models RB211 Trent 768-60, Trent 53)) received on April 28, 2006; to the Com- ((RIN2120-AA64)(Docket No. 2004-NE-26)) re- 772-60, and Trent 772B-60 Turbofan Engines’’ mittee on Commerce, Science, and Transpor- ceived on April 28, 2006; to the Committee on ((RIN2120-AA64) (Docket No. 2005-NE-48)) re- tation. Commerce, Science, and Transportation. ceived on April 28, 2006; to the Committee on EC–6707. A communication from the Pro- EC–6716. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–6725. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; entitled ‘‘Airworthiness Directives; Empresa mitting, pursuant to law, the report of a rule Eurocopter France Model SA-365N, SA-365N1, Brasileira de Aeronautica S.A. Model EMB- entitled ‘‘Airworthiness Directives; The AS-365N2, and SA-366G1 Helicopters’’ 135 Airplanes; and Model EMB-145, -145ER, Cessna Aircraft Company Models 208 and ((RIN2120-AA64)(Docket No. 2005-SW-10)) re- -145MR, -145LR, -145XR, -145MP, and -145EP 208B Airplanes’’ ((RIN2120-AA64) (Docket No. ceived on April 28, 2006; to the Committee on Airplanes’’ ((RIN2120-AA64)(Docket No. 2005- 2006-CE-07)) received on April 28, 2006; to the Commerce, Science, and Transportation. NM-185)) received on April 28, 2006; to the Committee on Commerce, Science, and EC–6708. A communication from the Pro- Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Transportation. EC–6726. A communication from the Pro- tion, Department of Transportation, trans- EC–6717. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Aerospatiale Model ATR42-200, -300, and -320 mitting, pursuant to law, the report of a rule entitled ‘‘Amendment to Class E Airspace; Airplanes’’ ((RIN2120-AA64)(Docket No. 2004- entitled ‘‘Airworthiness Directives; McDon- Wenatchee, WA’’ ((RIN2120-AA66) (Docket NM-152)) received on April 28, 2006; to the nell Douglas Model DC-9-10, -20, -30, -40 and No. 05-ANM-06)) received on April 28, 2006; to Committee on Commerce, Science, and -50 Series Airplanes, and Model DC-9-81 and the Committee on Commerce, Science, and Transportation. DC-9-82 Airplanes’’ ((RIN2120-AA64)(Docket Transportation.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4049 EC–6727. A communication from the Pro- April 28, 2006; to the Committee on Com- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. entitled ‘‘Establishment of Class E Enroute tion, Department of Transportation, trans- EC–6737. A communication from the Pro- Domestic Airspace, Vandenberg AFB, CA’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ((RIN2120-AA66)(Docket No. 05-AWP-15)) re- entitled ‘‘Modification of the St. Louis Class tion, Department of Transportation, trans- ceived on April 28, 2006; to the Committee on B Airspace Area; MO’’ ((RIN2120-AA66) mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. (Docket No. 03-AWA-2)) received on April 28, entitled ‘‘Modification of the Norton Sound EC–6747. A communication from the Pro- 2006; to the Committee on Commerce, Low, Woody Island Low and 1234L Offshore gram Analyst, Federal Aviation Administra- Science, and Transportation. Airspace Areas; AK’’ ((RIN2120-AA66)(Docket tion, Department of Transportation, trans- EC–6728. A communication from the Pro- No. 05-AAL-38)) received on April 28, 2006; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and entitled ‘‘Establishment of Class E5 Air- tion, Department of Transportation, trans- Transportation. space; David City, NE’’ ((RIN2120- mitting, pursuant to law, the report of a rule EC–6738. A communication from the Pro- AA66)(Docket No. 05-ACE-34)) received on entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- April 28, 2006; to the Committee on Com- Palm Springs, CA’’ ((RIN2120-AA66) (Docket tion, Department of Transportation, trans- merce, Science, and Transportation. No. 05-AWP-14)) received on April 28, 2006; to mitting, pursuant to law, the report of a rule EC–6748. A communication from the Pro- the Committee on Commerce, Science, and entitled ‘‘Modification of Offshore Airspace gram Analyst, Federal Aviation Administra- Transportation. Areas: Gulf of Alaska Low and Control 1487L; tion, Department of Transportation, trans- EC–6729. A communication from the Pro- AK’’ ((RIN2120-AA66)(Docket No. 05-AAL-32)) mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- received on April 28, 2006; to the Committee entitled ‘‘Establishment of Restricted Area tion, Department of Transportation, trans- on Commerce, Science , and Transportation. 2507E; Chocolate Mountains, CA’’ ((RIN2120- mitting, pursuant to law, the report of a rule EC–6739. A communication from the Pro- AA66)(Docket No. 04-AWP-6)) received on entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- April 28, 2006; to the Committee on Com- Kennett, MO’’ ((RIN2120-AA66) (Docket No. tion, Department of Transportation, trans- merce, Science, and Transportation. 05-ACE-32)) received on April 28, 2006; to the mitting, pursuant to law, the report of a rule EC–6749. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- Transportation. Chignik, AK’’ ((RIN2120-AA66)(Docket No. 05- tion, Department of Transportation, trans- EC–6730. A communication from the Pro- AAL-35)) received on April 28, 2006; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Amendments to Colored Federal tion, Department of Transportation, trans- Transportation. Airways; AK’’ ((RIN2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–6740. A communication from the Pro- 05-AAL-31)) received on April 28, 2006; to the entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Gothenburg, Quinn Field, NE’’ ((RIN2120- tion, Department of Transportation, trans- Transportation. EC–6750. A communication from the Pro- AA66)(Docket No. 06-ACE-1)) received on mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- April 28, 2006; to the Committee on Com- entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- merce, Science, and Transportation. Toksook Bay, AK’’ ((RIN2120-AA66)(Docket mitting, pursuant to law, the report of a rule EC–6731. A communication from the Pro- No. 05-AAL-36)) received on April 28, 2006; to entitled ‘‘Establishment of High Altitude gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Area Navigation Routes; South Central tion, Department of Transportation, trans- Transportation. United States’’ ((RIN2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–6741. A communication from the Pro- 05-ASO-7)) received on April 28, 2006; to the entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Scott City Municipal Airport, KS’’ ((RIN2120- tion, Department of Transportation, trans- Transportation. AA66)(Docket No. 06-ACE-2)) received on mitting, pursuant to law, the report of a rule EC–6751. A communication from the Pro- April 28, 2006; to the Committee on Com- entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Nicholasville, KY’’ ((RIN2120-AA66)(Docket tion, Department of Transportation, trans- EC–6732. A communication from the Pro- No. 05-ASO-12)) received on April 28, 2006; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and entitled ‘‘Establishment of High Altitude tion, Department of Transportation, trans- Transportation. Area Navigation Routes; South Central mitting, pursuant to law, the report of a rule EC–6742. A communication from the Pro- United States; Correction’’ ((RIN2120- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- AA66)(Docket No. 05-ASO-7)) received on Beatrice, NE’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- April 28, 2006; to the Committee on Com- 05-ACE-35)) received on April 28, 2006; to the mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Committee on Commerce, Science, and entitled ‘‘Revision of Class E Airspace; Holy EC–6752. A communication from the Pro- Transportation. Cross, AK’’ ((RIN2120-AA66)(Docket No. 05- gram Analyst, Federal Aviation Administra- EC–6733. A communication from the Pro- AAL-34)) received on April 28, 2006; to the tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Transportation. entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule EC–6743. A communication from the Pro- Procedures (31); Amdt. No 3152’’ ((RIN2120- entitled ‘‘Modification of the St. Louis Class gram Analyst, Federal Aviation Administra- AA65)(Docket No. 30478)) received on April B Airspace Area; MO; Correction’’ ((RIN2120- tion, Department of Transportation, trans- 28, 2006; to the Committee on Commerce, AA66)(Docket No. 03-AWA-2)) received on mitting, pursuant to law, the report of a rule Science, and Transportation. April 28, 2006; to the Committee on Com- entitled ‘‘Revision of Class E Airspace; EC–6753. A communication from the Pro- merce, Science, and Transportation. Koyuk Alfred Adams, AK’’ ((RIN2120- gram Analyst, Federal Aviation Administra- EC–6734. A communication from the Pro- AA66)(Docket No. 05-AAL-14)) received on tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- April 28, 2006; to the Committee on Com- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- merce, Science, and Transportation. entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule EC–6744. A communication from the Pro- Procedures (91); Amdt. No 3156’’ ((RIN2120- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- AA65)(Docket No. 30482)) received on April Scott City Municipal Airport, KS’’ ((RIN2120- tion, Department of Transportation, trans- 28, 2006; to the Committee on Commerce, AA66)(Docket No. 06-ACE-2)) received on mitting, pursuant to law, the report of a rule Science, and Transportation. April 28, 2006; to the Committee on Com- entitled ‘‘Revision of Class E Airspace; Sand EC–6754. A communication from the Pro- merce, Science, and Transportation. Point, AK’’ ((RIN2120-AA66)(Docket No. 05- gram Analyst, Federal Aviation Administra- EC–6735. A communication from the Pro- AAL-39)) received on April 28, 2006; to the tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Transportation. entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule EC–6745. A communication from the Pro- Procedures (33); Amdt. No 3157’’ ((RIN2120- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- AA65)(Docket No. 30483)) received on April Beatrice, NE’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- 28, 2006; to the Committee on Commerce, 05-ACE-35)) received on April 28, 2006; to the mitting, pursuant to law, the report of a rule Science, and Transportation. Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Enroute EC–6755. A communication from the Pro- Transportation. Domestic Airspace, Vandenberg AFB, CA; gram Analyst, Federal Aviation Administra- EC–6736. A communication from the Pro- Correction’’ ((RIN2120-AA66)(Docket No. 05- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AWP-15)) received on April 28, 2006; to the mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Transportation. Procedures (22); Amdt. No 3158’’ ((RIN2120- entitled ‘‘Modification of the St. Louis Class EC–6746. A communication from the Pro- AA65)(Docket No. 30484)) received on April B Airspace Area; MO’’ ((RIN2120- gram Analyst, Federal Aviation Administra- 28, 2006; to the Committee on Commerce, AA66)(Docket No. 03-AWA-2)) received on tion, Department of Transportation, trans- Science, and Transportation.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4050 CONGRESSIONAL RECORD — SENATE May 4, 2006 EC–6756. A communication from the Pro- Federal Communications Commission, trans- INTRODUCTION OF BILLS AND gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule JOINT RESOLUTIONS tion, Department of Transportation, trans- entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations The following bills and joint resolu- entitled ‘‘Standard Instrument Approach (Paint Rock and Big Lake, Texas)’’ (MB tions were introduced, read the first Procedures (30); Amdt. No 3159’’ ((RIN2120- Docket No. 05-31) received on April 28, 2006; and second times by unanimous con- AA65)(Docket No. 30485)) received on April to the Committee on Commerce, Science, sent, and referred as indicated: 28, 2006; to the Committee on Commerce, and Transportation. By Mrs. LINCOLN: Science, and Transportation. EC–6766. A communication from the Legal S. 2709. A bill to temporarily suspend the EC–6757. A communication from the Pro- Advisor to the Bureau Chief, Media Bureau, duty on muzzles for dogs; to the Committee gram Analyst, Federal Aviation Administra- Federal Communications Commission, trans- on Finance. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule By Mrs. LINCOLN: mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), S. 2710. A bill to temporarily suspend the entitled ‘‘Standard Instrument Approach Table of Allotments, FM Broadcast Stations duty on dog leashes; to the Committee on Fi- Procedures (40); Amdt. No 3160’’ ((RIN2120- (Dover and North Canton, Ohio)’’ (MB Dock- nance. AA65)(Docket No. 30487)) received on April et No. 04-377) received on April 28, 2006; to the By Mrs. LINCOLN: 28, 2006; to the Committee on Commerce, Committee on Commerce, Science, and S. 2711. A bill to temporarily suspend the Science, and Transportation. Transportation. duty on harnesses for dogs; to the Com- EC–6758. A communication from the Pro- EC–6767. A communication from the Legal mittee on Finance. gram Analyst, Federal Aviation Administra- Advisor to the Bureau Chief, Media Bureau, By Mrs. LINCOLN: tion, Department of Transportation, trans- Federal Communications Commission, trans- S. 2712. A bill to temporarily suspend the mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule duty on collars for dogs; to the Committee entitled ‘‘Standard Instrument Approach entitled ‘‘Amendment of Section 73.202(b), on Finance. Procedures (23); Amdt. No 3161’’ ((RIN2120- Table of Allotments, FM Broadcast Stations By Mrs. LINCOLN: AA65)(Docket No. 30488)) received on April (Abilene and Burlingame)’’ (MB Docket No. S. 2713. A bill to temporarily suspend the 28, 2006; to the Committee on Commerce, 05-133) received on April 28, 2006; to the Com- duty on certain reception apparatus; to the Science, and Transportation. mittee on Commerce, Science, and Transpor- Committee on Finance. EC–6759. A communication from the Pro- tation. By Mrs. LINCOLN: gram Analyst, Federal Aviation Administra- EC–6768. A communication from the Legal S. 2714. A bill to temporarily suspend the tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, duty on certain reception apparatus; to the mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- Committee on Finance. entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule By Mrs. LINCOLN: Procedures (50); Amdt. No 3162’’ ((RIN2120- entitled ‘‘Amendment of Section 73.202(b), S. 2715. A bill to temporarily suspend the AA65)(Docket No. 30489)) received on April Table of Allotments, FM Broadcast Stations duty on certain clock radio combos; to the 28, 2006; to the Committee on Commerce, (Franklin, Addis, and Eunice, Louisiana)’’ Committee on Finance. Science, and Transportation. (MB Docket No. 05–291) received on April 28, EC–6760. A communication from the Pro- By Mrs. LINCOLN: 2006; to the Committee on Commerce, S. 2716. A bill to temporarily reduce the gram Analyst, Federal Aviation Administra- Science, and Transportation. duty on floor coverings and mats of vulcan- tion, Department of Transportation, trans- EC–6769. A communication from the Legal ized rubber; to the Committee on Finance. mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, By Mrs. LINCOLN: entitled ‘‘Standard Instrument Approach Federal Communications Commission, trans- S. 2717. A bill to temporarily reduce the Procedures (11); Amdt. No 3163’’ ((RIN2120- mitting, pursuant to law, the report of a rule duty on manicure and pedicure sets; to the AA65)(Docket No. 30490)) received on April entitled ‘‘Amendment of Section 73.202(b), Committee on Finance. 28, 2006; to the Committee on Commerce, Table of Allotments, FM Broadcast Stations By Mr. ENSIGN: Science, and Transportation. (Hallettsville, Meyersville, San Antonio and S. 2718. A bill to require full disclosure by EC–6761. A communication from the Dep- Yoakum, Texas)’’ (MB Docket No. 05–246) re- entities receiving Federal funds, and for uty Bureau Chief, Consumer and Govern- ceived on April 28, 2006; to the Committee on other purposes; to the Committee on Home- mental Affairs Bureau, Federal Communica- Commerce, Science, and Transportation. tions Commission, transmitting, pursuant to EC–6770. A communication from the Legal land Security and Governmental Affairs. law, the report of a rule entitled ‘‘Rules and Advisor to the Bureau Chief, Media Bureau, By Mr. NELSON of Florida: S. 2719. A bill to designate the facility of Regulations Implementing the Telephone Federal Communications Commission, trans- Consumer Protection Act of 1991; Junk Fax mitting, pursuant to law, the report of a rule the United States Postal Service located at Prevention Act of 2005, Report and Order and entitled ‘‘Amendment of Section 73.202(b), 1400 West Jordan Street in Pensacola, Flor- Third Order on Reconsideration’’ (FCC 06-42) Table of Allotments, FM Broadcast Stations ida, as the ‘‘Earl D. Hutto Post Office Build- received on April 28, 2006; to the Committee (Aquila, Apache Junction, Buckeye, Glen- ing’’; to the Committee on Homeland Secu- on Commerce, Science, and Transportation. dale, Peoria, Wenden, and Wickenburg, Ari- rity and Governmental Affairs. EC–6762. A communication from the Legal zona)’’ (MB Docket No. 05–270) received on By Mr. BAUCUS: Advisor to the Bureau Chief, Media Bureau, April 28, 2006; to the Committee on Com- S. 2720. A bill to amend the Internal Rev- Federal Communications Commission, trans- merce, Science , and Transportation. enue Code of 1986 to provide incentives to im- prove America’s research competitiveness, mitting, pursuant to law, the report of a rule f entitled ‘‘Amendment of Section 73.202(b), and for other purposes; to the Committee on Table of Allotments, FM Broadcast Stations EXECUTIVE REPORTS OF Finance. (Encino, Texas; and Steamboat Springs, Col- COMMITTEES By Mr. SCHUMER (for himself, Mr. CRAPO, Mr. JOHNSON, Mr. THUNE, Mr. orado)’’ (MB Docket Nos. 05-100 and 05-153) The following executive reports of received on April 28, 2006; to the Committee DEMINT, and Mr. ALLEN): on Commerce, Science, and Transportation. nominations were submitted: S. 2721. A bill to simplify the taxation of EC–6763. A communication from the Legal By Mr. SPECTER for the Committee on business activity, and for other purposes; to Advisor to the Bureau Chief, Media Bureau, the Judiciary. the Committee on Finance. Federal Communications Commission, trans- Norman Randy Smith, of Idaho, to be By Mrs. CLINTON (for herself and Mr. mitting, pursuant to law, the report of a rule United States Circuit Judge for the Ninth SCHUMER): entitled ‘‘Amendment of Section 73.202(b), Circuit. S. 2722. A bill to designate the facility of Table of Allotments, FM Broadcast Stations Milan D. Smith, Jr., of California, to be the United States Postal Service located at (Portage and Stoughton, Wisconsin)’’ (MB United States Circuit Judge for the Ninth 170 East Main Street in Patchogue, New Docket No. 04-239) received on April 28, 2006; Circuit. York, as the ‘‘Lieutenant Michael P. Murphy to the Committee on Commerce, Science, Renee Marie Bumb, of New Jersey, to be Post Office Building’’; to the Committee on and Transportation. United States District Judge for the District Homeland Security and Governmental Af- EC–6764. A communication from the Legal of New Jersey. fairs. Advisor to the Bureau Chief, Media Bureau, Noel Lawrence Hillman, of New Jersey, to By Mr. LAUTENBERG (for himself and Federal Communications Commission, trans- be United States District Judge for the Dis- Mrs. CLINTON): mitting, pursuant to law, the report of a rule trict of New Jersey. S. 2723. A bill to amend title XVIII of the Peter G. Sheridan, of New Jersey, to be entitled ‘‘Amendment of Section 73.202(b), Social Security Act to require the sponsor of United States District Judge for the District Table of Allotments, FM Broadcast Stations a prescription drug plan or an organization of New Jersey. offering an MA–PD plan to promptly pay (Coalgate, Oklahoma and Silver Springs Susan Davis Wigenton, of New Jersey, to claims submitted under part D, and for other Shores, Florida)’’ (MB Docket Nos. 05-274 and be United States District Judge for the Dis- purposes; to the Committee on Finance. 05-275) received on April 28 , 2006; to the Com- trict of New Jersey. mittee on Commerce, Science, and Transpor- By Mr. CARPER (for himself, Mr. tation. (Nominations without an asterisk ALEXANDER, Mr. CHAFEE, Mr. GREGG, EC–6765. A communication from the Legal were reported with the recommenda- Mr. DODD, Mrs. FEINSTEIN, and Mr. Advisor to the Bureau Chief, Media Bureau, tion that they be confirmed.) GRAHAM):

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4051 S. 2724. A bill to amend the Clean Air Act S. 2739. A bill to suspend temporarily the S. 2752. A bill to amend titles II and XVIII to establish a national uniform multiple air duty on Pigment Yellow 214; to the Com- of the Social Security Act to limit the serv- pollutant regulatory program for the electric mittee on Finance. ice of a member of the Board of Trustees of generating sector; to the Committee on En- By Mr. REED (for himself and Mr. the Federal Old-Age and Survivors Insurance vironment and Public Works. CHAFEE): Trust Fund, the Federal Disability Insurance By Mrs. CLINTON (for herself, Mr. S. 2740. A bill to suspend temporarily the Trust Fund, the Federal Hospital Insurance KENNEDY, Mr. JEFFORDS, Mr. LEAHY, duty on Pigment Yellow 180; to the Com- Trust Fund, or the Federal Supplementary Mr. HARKIN, and Mr. OBAMA): mittee on Finance. Medical Insurance Trust Fund serving as a S. 2725. A bill to amend the Fair Labor By Mr. REED (for himself and Mr. member of the public to one four-year term Standards Act of 1938 to provide for an in- CHAFEE): and to require the President to consult with crease in the Federal Minimum wage and to S. 2741. A bill to extend the temporary sus- the chairman and ranking member of the ensure that increases in the Federal min- pension of duty on Solvent blue 104; to the Committee on Finance of the Senate prior to imum wage keep pace with any pay adjust- Committee on Finance. nominating an individual to serve as such a ments for Members of Congress; to the Com- By Mr. REED (for himself and Mr. member; to the Committee on Finance. mittee on Health, Education, Labor, and CHAFEE): By Mr. AKAKA: Pensions. S. 2742. A bill to extend the temporary sus- S. 2753. A bill to require a program to im- By Mr. REED (for himself and Mr. pension of duty on 4-amino-2,5-dimethoxy-N- prove the provision of caregiver assistance CHAFEE): phenylbenzene sulfonamide; to the Com- services for veterans; to the Committee on S. 2726. A bill to suspend temporarily the mittee on Finance. Veterans’ Affairs. duty on Acid Blue 80; to the Committee on By Mr. REED (for himself and Mr. f Finance. CHAFEE): By Mr. REED: S. 2743. A bill to extend the temporary sus- SUBMISSION OF CONCURRENT AND S. 2727. A bill to extend the temporary sus- pension of duty on 1-oxa-3, 20-Diazadispiro SENATE RESOLUTIONS [5.1.11.2] Heneicosan-21-one 2,2,4,4- pension of duty on Solvent blue 124; to the The following concurrent resolutions Committee on Finance. Tetramethyl, reaction products with By Mr. REED (for himself and Mr. Epichloro-hydrin, hydrolyzed and polym- and Senate resolutions were read, and CHAFEE): erized; to the Committee on Finance. referred (or acted upon), as indicated: S. 2728. A bill to extend the temporary sus- By Mr. REED (for himself and Mr. By Mr. CHAMBLISS (for himself and pension of duty on Pigment Red 185; to the CHAFEE): Mr. FRIST): Committee on Finance. S. 2744. A bill to suspend temporarily the S. Res. 465. A resolution expressing the By Mr. REED (for himself and Mr. duty on isobutyl parahydroxybenzoic acid sense of the Senate with respect to childhood CHAFEE): and its sodium salt; to the Committee on Fi- stroke and designating May 6, 2006, as ‘‘Na- S. 2729. A bill to suspend temporarily the nance. tional Childhood Stroke Awareness Day’’; duty on Pigment Brown 25; to the Com- By Mr. REED (for himself and Mr. considered and agreed to. mittee on Finance. CHAFEE): By Mr. NELSON of Florida (for him- By Mr. REED (for himself and Mr. S. 2745. A bill to suspend temporarily the self, Mr. TALENT, Mr. DEWINE, Mr. CHAFEE): duty on phospinic acid, diethyl-, aluminum REID, and Mr. BROWNBACK): S. 2730. A bill to extend the temporary sus- salt; to the Committee on Finance. S. Res. 466. A resolution designating May pension of duty on Pigment Yellow 175; to By Mr. REED (for himself and Mr. 20, 2006, as ‘‘Negro Leaguers Recognition the Committee on Finance. CHAFEE): Day’’; considered and agreed to. By Mr. REED (for himself and Mr. S. 2746. A bill to suspend temporarily the By Mr. THUNE (for himself and Mr. CHAFEE): duty on Phosphinic acid, diethyl-, aluminum FRIST): S. 2731. A bill to suspend temporarily the salt along with synergists and encapsulating S. Res. 467. A resolution expressing the duty on Pigment Yellow 213; to the Com- agents; to the Committee on Finance. sense of the Senate that the President mittee on Finance. By Mr. BINGAMAN (for himself, Mr. should use all diplomatic means necessary By Mr. REED (for himself and Mr. BAYH, Mr. COLEMAN, Mr. LIEBERMAN, and reasonable to influence oil-producing na- CHAFEE): Mr. CHAFEE, Ms. CANTWELL, Ms. COL- tions to immediately increase oil production S. 2732. A bill to suspend temporarily the LINS, Mr. SALAZAR, Mr. KERRY, Mrs. and that the Secretary of Energy should sub- duty on Pigment Yellow 219; to the Com- CLINTON, and Mr. NELSON of Florida): mit to Congress a report detailing the esti- mittee on Finance. S. 2747. A bill to enhance energy efficiency mated production levels and estimated pro- By Mr. REED (for himself and Mr. and conserve oil and natural gas, and for duction capacity of all major oil-producing CHAFEE): other purposes; to the Committee on Energy countries; to the Committee on Foreign Re- S. 2733. A bill to extend the temporary sus- and Natural Resources. lations. pension of duty on Pigment Yellow 154; to By Mr. BINGAMAN (for himself, Mr. By Mrs. FEINSTEIN (for herself and the Committee on Finance. BAYH, Mr. COLEMAN, Mr. LIEBERMAN, Mrs. BOXER): By Mr. REED (for himself and Mr. Mr. LUGAR, Ms. CANTWELL, Ms. COL- S. Res. 468. A resolution supporting the CHAFEE): LINS, Mr. SALAZAR, Mr. KERRY, Mrs. continued administration of Channel Islands S. 2734. A bill to suspend temporarily the CLINTON, and Mr. NELSON of Florida): National Park, including Santa Rosa Island, duty on Pigment Blue 80; to the Committee S. 2748. A bill to amend the Internal Rev- in accordance with the laws (including regu- on Finance. enue Code of 1986 to provide tax incentives to lations) and policies of the National Park By Mr. BOND (for himself and Mr. promote energy production and conserva- Service; to the Committee on Energy and AKAKA): tion, and for other purposes; to the Com- Natural Resources. S. 2735. A bill to amend the National Dam mittee on Finance. f Safety Program Act to reauthorize the na- By Mr. BROWNBACK (for himself, Mr. tional dam safety program, and for other KYL, and Mrs. HUTCHISON): ADDITIONAL COSPONSORS purposes; to the Committee on Environment S. 2749. A bill to update the Silk Road S. 22 and Public Works. Strategy Act of 1999 to modify targeting of At the request of Mr. ENSIGN, the By Mr. CRAIG (for himself and Mr. assistance in order to support the economic AKAKA): and political independence of the countries name of the Senator from Tennessee S. 2736. A bill to require the Secretary of of Central Asia and the South Caucasus in (Mr. ALEXANDER) was added as a co- Veterans Affairs to establish centers to pro- recognition of political and economic sponsor of S. 22, a bill to improve pa- vide enhanced services to veterans with am- changes in these regions since enactment of tient access to health care services and putations and prosthetic devices, and for the original legislation; to the Committee on provide improved medical care by re- other purposes; to the Committee on Vet- Foreign Relations. ducing the excessive burden the liabil- erans’ Affairs. By Mr. DEMINT: ity system places on the health care By Mr. REED (for himself and Mr. S. 2750. A bill to improve access to emer- delivery system. CHAFEE): gency medical services through medical li- S. 2737. A bill to extend the temporary sus- ability reform and additional Medicare pay- S. 23 pension of duty on benzoic acid, 2-amino-4- ments; to the Committee on Finance. At the request of Mr. SANTORUM, the [[(2,5-dichlorophenyl)amino]carbonyl]-, By Mr. NELSON of Nebraska (for him- name of the Senator from Tennessee methyl ester; to the Committee on Finance. self and Mr. DOMENICI): (Mr. ALEXANDER) was added as a co- By Mr. REED (for himself and Mr. S. 2751. A bill to strengthen the National sponsor of S. 23, a bill to improve wom- CHAFEE): Oceanic and Atmospheric Administration’s en’s access to health care services and S. 2738. A bill to extend the temporary sus- drought monitoring and forecasting capabili- pension of duty on Pigment Red 187; to the ties; to the Committee on Commerce, provide improved medical care by re- Committee on Finance. Science, and Transportation. ducing the excessive burden the liabil- By Mr. REED (for himself and Mr. By Mr. GRASSLEY (for himself and ity system places on the delivery of ob- CHAFEE): Mr. BAUCUS): stetrical and gynecological services.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4052 CONGRESSIONAL RECORD — SENATE May 4, 2006 S. 811 S. 1086 of S. 2083, a bill to prohibit the Assist- At the request of Mr. DURBIN, the At the request of Mr. OBAMA, his ant Secretary of Homeland Security names of the Senator from Hawaii (Mr. name was added as a cosponsor of S. (Transportation Security Administra- AKAKA), the Senator from Montana 1086, a bill to improve the national pro- tion) from removing any item from the (Mr. BAUCUS), the Senator from Cali- gram to register and monitor individ- current list of items prohibited from fornia (Mrs. BOXER), the Senator from uals who commit crimes against chil- being carried aboard a passenger air- Delaware (Mr. CARPER), the Senator dren or sex offenses. craft. from New York (Mrs. CLINTON), the At the request of Mr. HATCH, the S. 2178 Senator from Minnesota (Mr. DAYTON), name of the Senator from South Caro- At the request of Mr. SPECTER, the the Senator from Connecticut (Mr. lina (Mr. DEMINT) was added as a co- name of the Senator from Missouri DODD), the Senator from California sponsor of S. 1086, supra. (Mr. BOND) was added as a cosponsor of (Mrs. FEINSTEIN), the Senator from S. 1508 S. 2178, a bill to make the stealing and Iowa (Mr. HARKIN), the Senator from At the request of Mr. FEINGOLD, the selling of telephone records a criminal Hawaii (Mr. INOUYE), the Senator from name of the Senator from Texas (Mrs. offense. Massachusetts (Mr. KENNEDY), the Sen- HUTCHISON) was added as a cosponsor of S. 2302 ator from Massachusetts (Mr. KERRY), S. 1508, a bill to require Senate can- At the request of Mr. LOTT, the the Senator from Wisconsin (Mr. didates to file designations, state- names of the Senator from California KOHL), the Senator from Louisiana ments, and reports in electronic form. (Mrs. BOXER) and the Senator from (Ms. LANDRIEU), the Senator from S. 1555 New Jersey (Mr. LAUTENBERG) were EAHY Vermont (Mr. L ), the Senator At the request of Ms. CANTWELL, the added as cosponsors of S. 2302, a bill to from Michigan (Mr. LEVIN), the Sen- name of the Senator from New York establish the Federal Emergency Man- IEBER ator from Connecticut (Mr. L - (Mrs. CLINTON) was added as a cospon- agement Agency as an independent MAN), the Senator from Arkansas (Mrs. sor of S. 1555, a bill to amend the Farm agency, and for other purposes. LINCOLN), the Senator from New Jersey Security and Rural Investment Act of S. 2322 (Mr. MENENDEZ), the Senator from 2002 to reform funding for the Seniors At the request of Mr. ENZI, the name Washington (Mrs. MURRAY), the Sen- Farmers’ Market Nutrition Program, of the Senator from North Carolina ator from Florida (Mr. NELSON), the and for other purposes. (Mr. BURR) was added as a cosponsor of Senator from Nevada (Mr. REID), the S. 2322, a bill to amend the Public S. 1631 Senator from West Virginia (Mr. Health Service Act to make the provi- At the request of Mr. DORGAN, the ROCKEFELLER), the Senator from Colo- sion of technical services for medical name of the Senator from Michigan rado (Mr. SALAZAR), the Senator from imaging examinations and radiation (Mr. LEVIN) was added as a cosponsor of New York (Mr. SCHUMER), the Senator therapy treatments safer, more accu- S. 1631, a bill to amend the Internal from Michigan (Ms. STABENOW) and the rate, and less costly. Revenue Code of 1986 to impose a tem- Senator from Oregon (Mr. WYDEN) were S. 2418 added as cosponsors of S. 811, a bill to porary windfall profit tax on crude oil and to rebate the tax collected back to At the request of Ms. SNOWE, the require the Secretary of the Treasury name of the Senator from Iowa (Mr. to mint coins in commemoration of the the American consumer, and for other purposes. GRASSLEY) was added as a cosponsor of bicentennial of the birth of Abraham S. 2418, a bill to preserve local radio S. 1741 Lincoln. broadcast emergency and other serv- At the request of Mrs. CLINTON, the S. 843 ices and to require the Federal Com- name of the Senator from South Da- At the request of Mr. SANTORUM, the munications Commission to conduct a kota (Mr. JOHNSON) was added as a co- rulemaking for that purpose. names of the Senator from New Hamp- sponsor of S. 1741, a bill to amend the S. 2419 shire (Mr. SUNUNU), the Senator from Robert T. Stafford Disaster Relief and At the request of Mr. STEVENS, the Louisiana (Mr. VITTER) and the Sen- Emergency Assistance Act to authorize names of the Senator from Hawaii (Mr. ator from Arizona (Mr. MCCAIN) were the President to carry out a program INOUYE) and the Senator from Hawaii added as cosponsors of S. 843, a bill to for the protection of the health and (Mr. AKAKA) were added as cosponsors amend the Public Health Service Act safety of residents, workers, volun- of S. 2419, a bill to ensure the proper re- to combat autism through research, teers, and others in a disaster area. screening, intervention and education. membrance of Vietnam veterans and S. 2010 S. 930 the Vietnam War by providing a dead- At the request of Mr. HATCH, the line for the designation of a visitor At the request of Mr. DODD, the name name of the Senator from Maine (Ms. center for the Vietnam Veterans Me- of the Senator from Maryland (Ms. MI- COLLINS) was added as a cosponsor of S. morial. KULSKI) was added as a cosponsor of S. 2010, a bill to amend the Social Secu- 930, a bill to amend the Federal Food, S. 2548 rity Act to enhance the Social Security At the request of Mr. STEVENS, the Drug, and Cosmetic Act with respect to of the Nation by ensuring adequate drug safety, and for other purposes. names of the Senator from North Da- public-private infrastructure and to re- kota (Mr. CONRAD) and the Senator S. 1015 solve to prevent, detect, treat, inter- from South Dakota (Mr. JOHNSON) were At the request of Mr. DEMINT, the vene in, and prosecute elder abuse, ne- added as cosponsors of S. 2548, a bill to names of the Senator from Oklahoma glect, and exploitation, and for other amend the Robert T. Stafford Disaster (Mr. COBURN), the Senator from Okla- purposes. Relief and Emergency Assistance Act homa (Mr. INHOFE) and the Senator S. 2025 to ensure that State and local emer- from Kansas (Mr. BROWNBACK) were At the request of Mr. BAYH, the gency preparedness operational plans added as cosponsors of S. 1015, a bill to names of the Senator from Maine (Ms. address the needs of individuals with amend the Public Health Service Act COLLINS) and the Senator from Dela- household pets and service animals fol- to provide for cooperative governing of ware (Mr. CARPER) were added as co- lowing a major disaster or emergency. individual health insurance coverage sponsors of S. 2025, a bill to promote S. 2556 offered in interstate commerce. the national security and stability of At the request of Mr. BAYH, the name S. 1046 the United States economy by reducing of the Senator from California (Mrs. At the request of Mr. KYL, the name the dependence of the United States on BOXER) was added as a cosponsor of S. of the Senator from Montana (Mr. oil through the use of alternative fuels 2556, a bill to amend title 11, United BURNS) was added as a cosponsor of S. and new technology, and for other pur- States Code, with respect to reform of 1046, a bill to amend title 28, United poses. executive compensation in corporate States Code, with respect to the juris- S. 2083 bankruptcies. diction of Federal courts over certain At the request of Mrs. CLINTON, the S. 2566 cases and controversies involving the name of the Senator from Minnesota At the request of Mr. LUGAR, the Pledge of Allegiance. (Mr. DAYTON) was added as a cosponsor name of the Senator from Mississippi

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4053 (Mr. COCHRAN) was added as a cospon- amendment No. 3728 proposed to H.R. ington belongs to them. These are dol- sor of S. 2566, a bill to provide for co- 4939, a bill making emergency supple- lars that could have been spent by the ordination of proliferation interdiction mental appropriations for the fiscal people who earned them to care for activities and conventional arms disar- year ending September 30, 2006, and for their own families. mament, and for other purposes. other purposes. The American taxpayers have had S. 2652 At the request of Mr. JEFFORDS, his enough. They are frustrated and dis- At the request of Mrs. FEINSTEIN, the name was added as a cosponsor of gusted. And I join them in their frus- name of the Senator from Colorado amendment No. 3728 proposed to H.R. tration and disgust. Congress has not (Mr. SALAZAR) was added as a cospon- 4939, supra. done a very good job of oversight. It is sor of S. 2652, a bill to amend chapter AMENDMENT NO. 3729 time for Congress to empower the 27 of title 18, United States code, to At the request of Mr. REED, his name American people so that government is prohibit the unauthorized construc- was added as a cosponsor of amend- more accountable to them. That is why tion, financing, or, with reckless dis- ment No. 3729 proposed to H.R. 4939, a I am introducing new legislation—the regard, permitting the construction or bill making emergency supplemental Website for American Taxpayers to use on one’s land, of a tunnel or sub- appropriations for the fiscal year end- Check and Help Deter Out-of-control terranean passageway between the ing September 30, 2006, and for other Government Spending—or the WATCH- United States and another country. purposes. DOG Act. This bill will give our constituents S. 2653 AMENDMENT NO. 3732 the tools they need to become citizen At the request of Mr. STEVENS, the At the request of Mr. BAUCUS, the watchdogs. Americans will be able to name of the Senator from South Da- names of the Senator from Iowa (Mr. see for themselves how their tax dol- kota (Mr. THUNE) was added as a co- HARKIN), the Senator from Illinois (Mr. lars are being spent. This bill will sponsor of S. 2653, a bill to direct the DURBIN) and the Senator from Wis- greatly improve transparency and help Federal Communications Commission consin (Mr. KOHL) were added as co- eliminate wasteful, fraudulent, dupli- to make efforts to reduce telephone sponsors of amendment No. 3732 pro- cative, and unnecessary spending. It rates for Armed Forces personnel de- posed to H.R. 4939, a bill making emer- will give the American people the tools ployed overseas. gency supplemental appropriations for to monitor how Congress uses the ear- the fiscal year ending September 30, S. 2697 marks process and how the bureau- 2006, and for other purposes. At the request of Mr. LUGAR, the crats, who spend billions of dollars a names of the Senator from Nebraska AMENDMENT NO. 3761 year in unsupervised grants, spend (Mr. HAGEL) and the Senator from Wis- At the request of Mr. COCHRAN, the their tax dollars. consin (Mr. FEINGOLD) were added as name of the Senator from Montana Americans are aggravated because cosponsors of S. 2697, a bill to establish (Mr. BURNS) was added as a cosponsor too often when they learn about waste- the position of the United States Am- of amendment No. 3761 proposed to ful spending it is too late for them to bassador for ASEAN. H.R. 4939, a bill making emergency sup- do anything about it. They learn about S. 2703 plemental appropriations for the fiscal spending by reading their morning pa- At the request of Mr. LEAHY, the year ending September 30, 2006, and for pers after the legislation has been names of the Senator from Florida (Mr. other purposes. signed into law or the grant money has NELSON) and the Senator from Michi- AMENDMENT NO. 3851 been awarded. Sometimes that is how gan (Ms. STABENOW) were added as co- At the request of Ms. LANDRIEU, the members of Congress learn about them sponsors of S. 2703, a bill to amend the names of the Senator from Louisiana as well. It’s time to remove the cloak Voting Rights Act of 1965. (Mr. VITTER) and the Senator from of secrecy that surrounds the ear- At the request of Mr. KENNEDY, the Tennessee (Mr. ALEXANDER) were added marking and grantmaking processes. name of the Senator from New York as cosponsors of amendment No. 3851 We need to shine a very bright light on (Mrs. CLINTON) was added as a cospon- proposed to H.R. 4939, a bill making how spending decisions are made. sor of S. 2703, supra. emergency supplemental appropria- In this case, that bright light will be AMENDMENT NO. 3704 tions for the fiscal year ending Sep- a publicly searchable online database At the request of Mr. INHOFE, his tember 30, 2006, and for other purposes. that provides information on every or- name was added as a cosponsor of f ganization receiving Federal funds. The Office of Management and Budget amendment No. 3704 proposed to H.R. STATEMENTS ON INTRODUCED would be required to make all Federal 4939, a bill making emergency supple- BILLS AND JOINT RESOLUTIONS mental appropriations for the fiscal grant and loan recipient data available year ending September 30, 2006, and for By Mr. ENSIGN: to the public. other purposes. S. 2718. A bill to require full disclo- The data must include information sure by entities receiving Federal on Federal grant awards, including an AMENDMENT NO. 3717 funds, and for other purposes; to the itemized breakdown by agency and pro- At the request of Mr. BIDEN, the Committee on Homeland Security and gram. The database must also list all names of the Senator from Minnesota Governmental Affairs. subgrantees of an organization that re- (Mr. COLEMAN) and the Senator from Mr. ENSIGN. Mr. President, the ceives Federal funds. This bill also re- California (Mrs. FEINSTEIN) were added American taxpayers are fed up. They forms and streamlines the grant proc- as cosponsors of amendment No. 3717 are tired of the pork projects and the ess by requiring organizations that proposed to H.R. 4939, a bill making billions of dollars being spent on unac- apply for Federal funding to use a sin- emergency supplemental appropria- countable, unnecessary, and wasteful gle source application number, which tions for the fiscal year ending Sep- Federal spending. Whether spending is they would use for requesting funding tember 30, 2006, and for other purposes. a result of earmarks, or the often unsu- from any Federal agency. AMENDMENT NO. 3718 pervised process of Federal agencies Those projects that are using Federal At the request of Mr. BIDEN, the awarding grants, spending is out of funds efficiently and with positive re- name of the Senator from California control. sults will become obvious, and those (Mrs. FEINSTEIN) was added as a co- Americans work hard every day, and programs that are duplicative, fail to sponsor of amendment No. 3718 in- they struggle to meet the heavy tax show results, squander their funding, tended to be proposed to H.R. 4939, a burden that Washington imposes on or act fraudulently will also become bill making emergency supplemental them. Despite their struggle and sac- obvious. appropriations for the fiscal year end- rifice, Washington has failed to ensure Here in Washington we have done a ing September 30, 2006, and for other that Americans’ tax dollars are being dismal job when it comes to cutting purposes. spent wisely. The American public be- out unnecessary spending. By shining a AMENDMENT NO. 3728 lieves, and they are right, that Con- light on this process, the American At the request of Mr. INHOFE, his gress has lost sight of the fact that public will have a chance to help us name was added as a cosponsor of every dollar we spend here in Wash- eliminate billions of dollars in wasteful

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4054 CONGRESSIONAL RECORD — SENATE May 4, 2006 Federal funding. We owe it to the tax- nik’’ cautions that our workforce must Taxation wrote: ‘‘Perhaps the greatest payers and to future generations to include a greater percentage of criticism of the R&E credit among tax- clean up our act. This legislation gives ‘‘knowledge workers’’—including sci- payers regards its temporary nature.’’ taxpayers an important tool to hold entists and engineers—if we are to Joint Tax went on to say, ‘‘A credit of Congress’ feet to the fire. maintain our technological lead in de- longer duration may more successfully fense capabilities. And another recent induce additional research than would By Mr. NELSON of Florida: report, ‘‘Rising Above the Gathering a temporary credit, even if the tem- S. 2719. A bill to designate the facil- Storm,’’ expresses fear that America’s porary credit is periodically renewed.’’ ity of the United States Postal Service lead in science and technology can be Currently, there are two different located at 1400 West Jordan Street in abruptly lost and difficult or impos- ways to claim a tax credit for quali- Pensacola, Florida, as the ‘‘Earl D. sible to regain. fying research expenses. First, the Hutto Post Office Building’’; to the What these reports and others are ‘‘traditional’’ credit relies on incre- Committee on Homeland Security and telling us is one thing: We cannot wait mental increases in expenses compared Governmental Affairs. for the next Sputnik. We must recog- to a mid-1980s base period. Second, the Mr. NELSON of Florida. Mr. Presi- nize that our advantage is fleeting. We ‘‘alternative incremental’’ credit meas- dent, I ask unanimous consent that must begin today with more science, ures the increase in research over the this bill ‘‘To designate the facility of more education, and more commitment average of the prior 4 years. the United States Postal Service lo- to research to prepare for the future. Both of these credits have base peri- cated at 1400 West Jordan Street in Asia has recognized this. Asia is ods involving gross receipts. My bill re- Pensacola, Florida, as the ‘Earl D. plowing more funding into science and places these with a new credit, known Hutto Post office Building’ ’’ be printed education. China, in particular, under- as the ‘‘Alternative Simplified Credit,’’ in the RECORD. stands that technological advancement based on research spending without ref- There being no objection, the text of means security, independence, and eco- erence to gross receipts. The current the bill was ordered to be printed in nomic growth. Spending on research formula hurts companies that have the RECORD, as follows: and development has increased by 140 fluctuating sales. And it hurts compa- S. 2719 percent in China, Korea and Taiwan. In nies that take on a new line of business Be it enacted by the Senate and House of Rep- America, it has increased by only 34 not dependent on research. resentatives of the United States of America in percent. The Senate has passed this alter- Congress assembled, Asia’s commitment is already paying native formula as an optional credit SECTION 1. EARL D. HUTTO POST OFFICE BUILD- off. More than a hundred Fortune 500 several times. It is now pending in both ING. companies have opened research cen- versions of the tax reconciliation bill. (a) DESIGNATION.—The facility of the It has not yet been enacted, though, United States Postal Service located at 1400 ters in India and China. I have visited some of them. I was impressed with the even on a temporary basis. West Jordan Street in Pensacola, Florida, I support the 2-year extension of the level of skill of the workers I met shall be known and designated as the ‘‘Earl R&E credit contained in the Senate D. Hutto Post Office Building’’. there. version of the tax reconciliation bill. (b) REFERENCES.—Any reference in a law, China’s commitment to research, at That is why this new simpler formula map, regulation, document, paper, or other $60 billion in expenditures, is dramatic in my bill would not start until 2008. record of the United States to the facility re- by any measure. Over the last few ferred to in subsection (a) shall be deemed to That start date would give companies years, China has doubled the share of be a reference to the ‘‘Earl D. Hutto Post Of- plenty of time to adjust their account- its economy that it invests in research. fice Building’’. ing. China intends to double the amount The main complaint about the exist- By Mr. BAUCUS: committed to basic research in the ing credits is that they are very com- S. 2720. A bill to amend the Internal next decade. Currently, only America plex, particularly the reference to the Revenue Code of 1986 to provide incen- beats out China in numbers of re- 20-year-old base period. This base pe- tives to improve America’s research searchers in the workforce. riod creates problems for the taxpayer competitiveness, and for other pur- Over the last few months, I have of- in trying to calculate the credit. And it poses; to the Committee on Finance. fered a series of proposals to improve creates problems for the IRS in trying Mr. BAUCUS. Mr. President, on Octo- America’s competitiveness. Today, I to administer and audit those claims. ber 4, 1957, an object the size of a bas- am pleased to introduce the Research The new credit focuses only on ex- ketball shot into space. And history Competitiveness Act of 2006. This bill penses, not gross receipts. And is still changed. would improve our research competi- an incremental credit, so that compa- The Soviet Union had launched Sput- tiveness in four major areas. All four nies must continue to increase re- nik. And Americans reacted with fear. address incentives in our tax code. search spending over time. That fear quickly turned to determina- Government also supports research A tax credit is a cost-effective way to tion to win the race to space. through Federal spending. But I am promote R&E. A report by the Congres- Just one month later, the Russians not addressing those areas today. sional Research Service finds that launched Sputnik II with one precious First, my bill improves and sim- without government support, invest- passenger: a Russian mutt named plifies the credit for applied research in ment in R&E would fall short of the so- Laika. Laika became the first living section 41 of the tax code. This credit cially optimal amount. Thus CRS en- being to orbit earth. Today, a dog in has grown to be overly complex, both dorses Government policies to boost space might seem like a good start for for taxpayers and the IRS. Beginning private sector R&E. a Disney film. But in 1957, American in 2008, my bill would create a simpler Also, American workers who are en- scientists worried that these events 20 percent credit for qualifying re- gaged in R&E activities benefit from foreshadowed Soviet military and stra- search expenses that exceed 50 percent some of the most intellectually stimu- tegic advantage. of the average expenses for the prior 3 lating, high-paying, high-skilled jobs By the following summer, Congress years. in the economy. had created NASA. Sputnik’s launch And just as important: The bill My own State of Montana has excel- had provided the catalyst. For years makes the credit permanent. Because lent examples of this economic activ- before, scientific organizations and the credit has been temporary, it has ity. During the 1990s, about 400 estab- even the White House had declared the simply not been as effective as it could lishments in Montana provided high- exploration of space as a priority. It be. Since its creation in 1981, it has technology services, at an average took Sputnik to move us to action. been extended 10 times. Congress even wage of about $35,000 per year. These Half a century later, we find our- allowed it to lapse during one period. jobs paid nearly 80 percent more than selves waiting for the next Sputnik. The credit expired again just last De- the average private sector wage, which Report after report has outlined the cember. And another short-term exten- was less than $20,000 a year during the risk that America runs by not doing sion is pending in both tax reconcili- same period. Many of these jobs would more in research and education. A re- ation bills in conference. Last year, the never have been created without the cent report entitled ‘‘Waiting for Sput- experts at the Joint Committee on assistance of the R&E credit.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4055 My research bill would also establish the National Nanotechnology Initia- facilities housing federal research— a uniform reimbursement rate for all tives. In a report, they wrote: ‘‘To en- mostly NIH and NSF funded projects— contract and consortia R&E. It would hance the transition from basic to ap- are in danger of losing their tax-ex- provide that 80 percent of expenses for plied research, the committee rec- empt bond status. Counsel have noti- research performed for the taxpayer by ommends that industrial partnerships fied some state officials that they may other parties count as qualifying re- be stimulated and nurtured to help ac- be running afoul of a prohibition on search expenses under the regular cred- celerate the commercialization of na- ‘‘private use’’ in the tax code, because it. tional nanotechnology developments.’’ one private party has a superior claim Currently, when a taxpayer pays To further that goal, the third major to others in the use of inventions that someone else to perform research for area this bill addresses is fostering the result from research. the taxpayer, the taxpayer can claim creation of research parks. This part of The complication comes from a 1980 one of three rates in order to determine the bill would benefit state and local law. In 1980, Congress enacted the Pat- how much the taxpayer can include for governments and universities that ent and Trademark Law Amendments the research credit. The lower amount want to create research centers for Act, also known as the Bayh-Dole Act. is meant to assure overhead expenses businesses incubating scientific discov- The Bayh-Dole Act requires the Fed- that normally do not qualify for the eries with promise for commercial de- eral Government to retain a non-exclu- R&E credit are not counted. Different velopment. sive, royalty-free right on any dis- rates, however, create unnecessary Stanford created the Nation’s first covery. In order to foster more basic complexity. Therefore, my bill creates high-tech research park in 1951, in re- research through Federal-State-univer- a uniform rate of 80 percent. sponse to the demand for industrial sity partnerships, we need to clarify The second major research area that land near the university and an emerg- that this provision of the Bayh-Dole this bill addresses is the need to en- ing electronics industry tied closely to act does not cause these bonds to lose hance and simplify the credit for basic the School of Engineering. The Stan- their tax-exempt status. And my bill research. This credit benefits univer- ford Research Park traces its origins to directs the Treasury Department to do sities and other entities committed to a business started with $538 in a Palo so. I understand that the Treasury De- basic research. And it benefits the com- Alto garage by two men named Bill partment is aware of this significant panies or individuals who donate to Hewlett and Dave Packard. The Park is concern. Whether or not Congress en- them. My bill provides that payments now home to 140 companies in elec- acts my legislation, I hope that the under the university basic research tronics, software, biotechnology, and Treasury Department will clarify the credit would count as contractor ex- other high tech fields. situation later this year. penses at the rate of 100 percent. Similarly, the North Carolina Re- The fourth major area that my bill The current formula for calculating search Triangle was founded in 1959 by addresses is innovation at the small the university basic research credit— university, government, and business business level. Recently, representa- defined as research ‘‘for the advance- leaders with money from private con- tives of a number of small nanotech- ment of science with no specific com- tributions. It now has 112 research and nology companies came to visit me. mercial objective’’—is even more com- development organizations, 37,600 em- They told me that their greatest prob- plex that the regular traditional R&E lem was surviving what they called the credit. Because of this complexity, this ployees, and capital investment of ‘‘valley of death.’’ That’s what they credit costs less than one-half of 1 per- more than $2.7 billion. More recently, called the first few years of business, cent of the cost of the regular R&E Virginia has fostered a research park when an entrepreneur has a promising credit. It is completely under-utilized. now housing 53 private-sector compa- technology but little money to test or It needs to be simplified to encourage nies, nonprofits, VCU research insti- develop it. Many businesses simply do businesses to give more for basic re- tutes, and state laboratories. The Vir- search. ginia park employs more than 1,300 not survive the ‘‘valley of death.’’ I be- American universities have been people. lieve that Congress should find a way powerful engines of scientific dis- The creation of these parks would to assist these businesses with prom- covery. To maintain our premier global seem to be an obvious choice. But it ising technology. position in basic research, America re- takes a significant commitment from a Nanotechnology, for instance, shows lies on sustained high levels of basic re- range of sources to bring them into much promise. According to one recent search funding and the ability to re- being. To foster the creation and ex- report, over the next decade, nanotech- cruit the most talented students in the pansion of these successful parks, my nology will affect most manufactured world. The gestation of scientific dis- bill will encourage their creation goods. As stated in Senate testimony covery is long. At least at first, we can- through the use of tax-exempt bond fi- by one National Science Foundation of- not know the commercial applications nancing. Allowing tax-exempt bond au- ficial earlier this year, ‘‘Nanotechnol- of a discovery. But America leads the thority would bring down the cost to ogy is truly our next great frontier in world in biotechnology today because establish such parks. science and engineering.’’ It took me a of support for basic research in chem- Foreign countries are emulating this while to understand just what nano- istry and physics in the 1960s. Main- successful formula. They are estab- technology is. But it is basically the taining a commitment to scientific in- lishing high-tech clusters through gov- control of things at very, very small di- quiry, therefore, must be part of our vi- ernment and university partnerships mensions. By understanding and con- sion for sustained competitiveness. with private industry. trolling at that dimension, people can Translating university discoveries Back in 2000, a partnership was find new and unique applications. into commercial products also takes formed to foster TechRanch to assist These applications range from common innovation, capital, and risk. The Cen- Montana State University and other consumer products—such as making ter for Strategic and International Montana-based research institutions in our sunblocks—better to improving Studies asked what kind of government their efforts to commercialize re- disease-fighting medicines—to design- intervention can maintain techno- search. But TechRanch is desperately ing more fuel-efficient cars. logical leadership. One source of tech- in need of some new high-tech facili- So, to help these small businesses nological innovation that provides ties. It could surely benefit from a pro- convert their promising science into America with comparative advantage vision such as this. I encourage my successful businesses, my bill would es- is the combination of university re- Colleagues to visit research parks in tablish tax credits for investments in search programs, entrepreneurs, and their States to see how my bill could qualifying small technology innovation risk capital from venture capital, cor- be helpful in fostering more successful companies. These struggling start-up porations, or governments. Research ventures. ventures often cannot utilize existing clusters around Silicon Valley and A related item is a small fix to help incentives in the tax code—like the North Carolina’s Research Triangle ex- universities that use tax-exempt bonds R&E tax credit—because they have no emplify this sort of combination. to build research facilities primarily tax liability and may have little in- The National Academies reached a for federal research in the basic or fun- come for the first few years. They need similar conclusion in a 2002 review of damental research area. Some of these access to cheap capital to get through

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4056 CONGRESSIONAL RECORD — SENATE May 4, 2006 those first few research-intensive Long Island, where he was a National for a family of three. We have a respon- years. Honor Society student and a varsity sibility to help families earn a living The credit in my bill would be simi- football athlete. After graduating high wage. lar to the existing and successful New school he attended Penn State Univer- My legislation will benefit all min- Markets Tax Credit. The New Markets sity where he majored in political imum wage earners, and it would espe- Credit has provided billions of dollars science and excelled academically. At cially benefit women who represent a of investment to low-income commu- the time of his graduation, he decided disproportionate number of low-wage nities across the country. In my bill, to fulfill a lifelong dream of becoming workers. 61 percent of minimum wage entities with some expertise and a Navy SEAL. While realizing this earners are women, even though knowledge of research would receive an would be a formidable challenge, Mi- women only comprise 48 percent of the allocation from Treasury to analyze chael was determined to serve our total workforce. And almost one-third and select qualifying research invest- country. Michael was engaged to be of these working women are raising ments. These investment entities married, and he planned to attend law children. would then target small business with school after his military service. The women in my State of New York promising technologies that focus the I ask that the Senate come together would feel the effects of a minimum majority of their expenditures on ac- and honor this brave American hero for wage increase most dramatically. New tivity qualifying as research expenses his service to our Nation. York is one of the top five States with under the R&E credit. the greatest number of low-wage In sum, my bill would boost both ap- By Mrs. CLINTON (for herself, women workers. plied and basic research. It would boost Mr. KENNEDY, Mr. JEFFORDS, In addition to helping America’s research by businesses big and small. Mr. LEAHY, Mr. HARKIN, and Mr. hardest working families, raising the And it would foster research by for- OBAMA): minimum wage will also narrow the profit and non-profits alike. S. 2725. A bill to amend the Fair dramatic income gap between the There is no clear answer to how to Labor Standards Act of 1938 to provide haves and the have-nots across the address the concerns raised in the for an increase in the Federal Min- country. The average income of the ‘‘Waiting for Sputnik’’ report. But the imum wage and to ensure that in- richest fifth of New York State fami- answer is clear that we must try—and creases in the Federal minimum wage lies is 8.1 times the average income of soon. keep pace with any pay adjustments the poorest fifth. Nationwide, families A noted environmentalist once said: for Members of Congress; to the Com- in the top fifth made 7.3 times more ‘‘Every major advance in the techno- mittee on Health, Education, Labor, than those in the bottom fifth. This logical competence of man has forced and Pensions. discrepancy needs to be fixed and my revolutionary changes in the economic Mrs. CLINTON. Mr. President, I rise bill would be a step in the right direc- and political structure of society.’’ today to introduce the ‘‘Standing with tion towards fairness for America’s From telephones to rockets to com- Minimum Wage Earners Act’’. This leg- hard-working families. puters, I believe that this is true. islation will raise the minimum wage My legislation would increase the Let us work to see that the next big over the next two years and link future minimum wage first to $5.85 an hour, technological advance is discovered increases in the minimum wage to Con- then to $6.55 an hour, and ultimately to here in America. Only through contin- gressional raises. $7.25 an hour within the next two ued commitment to research can we Today, working parents earning the years. In addition, my legislation then ensure that it is. minimum wage are struggling to make ensures that every time Congress gives itself a raise in the future that Ameri- By Mrs. CLINTON (for herself ends meet and to build better lives for their children. The Federal minimum cans get a raise too. This is the right and Mr. SCHUMER): and fair thing to do for hardworking S. 2722. A bill to designate the facil- wage is currently $5.15 an hour, an amount that has not been increased Americans. ity of the United States Postal Service I would like to recognize my cospon- since 1997. Sadly, during that time, located at 170 East Main Street in sors Senators KENNEDY, JEFFORDS, Congress has given itself eight annual Patchogue, New York, as the ‘‘Lieuten- LEAHY, HARKIN and OBAMA and thank pay raises. We can no longer stand by ant Michael P. Murphy Post Office them for joining me in this effort. and regularly give ourselves a pay in- Building’’; to the Committee on Home- The ‘‘Standing with Minimum Wage crease while denying a minimum wage land Security and Governmental Af- Earners Act’’ has letters of support increase to help the more than 7 mil- fairs. from Service Employees International lion men and women working hard Mrs. CLINTON. Mr. President, today Union (SEIU), the American Federa- across this nation. At a time when I rise to discuss legislation that des- tion of Labor—Congress of Industrial working families are struggling to put ignates the United States Post Office Organization (AFL–CIO) and the Coali- food on the table, it’s critically impor- Building in Patchogue, New York as tion for Human Needs. the ‘‘Lieutenant Michael P. Murphy tant that we here in Washington do I ask my colleagues to recognize the Post Office Building.’’ something. If Members of Congress moral aspect of this issue. It is simply Almost a year ago, Navy LT Michael need an annual cost of living adjust- wrong to pay people a wage that they P. Murphy was reported missing in the ment, then certainly the lowest-paid can barely live on. And it is shameful mountains of Afghanistan while on a members of our society do too. to continue to give ourselves raises as covert reconnaissance mission in There are currently 13 million Amer- millions of American families struggle search of Taliban and al-Qaida insur- ican children living in poverty across to survive. We should raise the Federal gents. Reports indicate Lieutenant this country, and this number is in- minimum wage so that working par- Murphy and the three other members creasing every day. Families work hard ents can lift their children out of pov- of his Navy SEAL team came under and yet cannot make enough money to erty. It is past time to make this in- heavy attack by Taliban insurgents support themselves. More families are vestment in our children and families. soon after they were inserted by heli- falling into poverty every day, and copter into their position. The military these families are working 40 hours a By Mr. BOND (for himself and creed of ‘‘never leaving a fallen com- week. This is unacceptable. Mr. AKAKA): rade behind’’ was never more appro- Minimum wage workers have not had S. 2735. A bill to amend the National priate as this American hero’s body a raise in nearly a decade. The reality Dam Safety Program Act to reauthor- was recovered on the Fourth of July, is a full-time job that pays minimum ize the national dam safety program, our Nation’s Independence Day. Mi- wage just does not provide enough and for other purposes; to the Com- chael Murphy was only 29 years of age money to support a family today. A mittee on Environment and Public at the time of his passing, but as his fa- single mother with two children who Works. ther recalls, ‘‘He squeezed more life works 40 hours a week, 52 weeks a year Mr. BOND. Mr. President, my distin- into 29 years than I will ever see.’’ earns only $10,700 a year. This guished colleague Senator AKAKA and I Lieutenant Murphy attended amount—$10,700 a year—is almost are introducing legislation today to re- Patchogue-Medford High School on $6,000 below the Federal poverty line authorize the National Dam Safety and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4057 Security Program. The goal of this pro- staff for inspections, pay for special- commitment to dam safety and to the reau- gram, administered by FEMA, has been ized training, and develop specialized thorization of the National Dam Safety Pro- to advance dam safety in the United mapping in the event that a dam fail- gram. Dams are a vital part of our nation’s aging States and prevent loss of life and ure necessitates evacuation. infrastructure and provide enormous benefits property damage from dam failures at Of the approximately $12 million au- to the majority of Americans—benefits that both the Federal and State pro- thorized for each fiscal year, $8 million include drinking water, flood protection, re- grammatic levels. is divided among the States to improve newable hydroelectric power, navigation, ir- Over the last several months we have safety programs and $2 million is allo- rigation and recreation. Yet, these critical seen in both my home State of Mis- cated for research to identify more ef- daily benefits provided by the nation’s dams souri and my colleague’s State of Ha- fective techniques to assess, construct, are inextricably linked to the potential con- sequences of a dam failure if the dam is not waii, how critically important proper and monitor dams. In addition, $700,000 maintained, or is unable to impound water, regulation, inspection and safety train- is available for training assistance for pass large flood events or withstand earth- ing is for maintaining our Nation’s State engineers, and $1 million is used quake events in a safe manner. dams. The National Dam Safety Pro- for the National Inventory of Dams. The Dam Safety Coalition is proud to high- gram Act provides much needed assist- The costs of failing to maintain dams light the achievements of the National Dam ance to State dam safety programs, properly are extremely high. There Safety Program, administered by the Fed- have been at least 29 dam failures in eral Emergency Management Agency which are responsible for regulating 95 (FEMA). Specifically, the program has fos- percent of the 80,000 dams in the U.S. the United States during the past 2 tered significant improvements in state dam The States receive training assist- years causing more than $200 million in safety programs, provided critical training ance for their dam safety engineers and property damages. The failure of the to state engineers and established unprece- State grant assistance based on the Silver Lake Dam in Michigan in 2003 dented cooperation between federal dam number of dams in the State. The Na- caused more than $100 million in prop- safety agencies and state dam safety pro- tional Dam Safety Program, currently erty damage. A December 2005 dam col- grams. It requires FEMA to provide assist- administered by FEMA within DHS, lapse in Missouri injured three children ance to states in establishing, maintaining and improving dam safety programs. expires in September 30, 2006 and needs and destroyed several homes. People Dams in the United States are aging, to be reauthorized. caught in the path of a dam collapse downstream development below dams is in- I am proud to introduce this legisla- are often helpless to escape. creasing dramatically and many older dams tion along with my colleague Senator Such was the tragic situation in Ha- do not meet current dam safety standards. AKAKA in order to strengthen the pro- waii when, in March, the Ka Loko Dam failures are largely preventable disas- tection of our citizens and critical in- Dam, a 116-year earthen dam, on the is- ters. In 2005, the American Society of Civil En- frastructure from dam failures through land of Kauai suddenly collapsed dur- gineers published the Report Card for Amer- the Dam Safety and Security Program. ing heavy rains, killing seven people. ica’s Infrastructure giving the condition of Mr. AKAKA. Mr. President, I rise When a dam collapses, destruction is our nation’s dams a grade of D, equal to the today, along with my colleague, Sen- often swift and uncontrollable. In the overall infrastructure grade. States have ator CHRISTOPHER BOND, to introduce case on Kauai, local, State, and Fed- identified 3,500 unsafe or deficient dams, the Dam Safety Act of 2006. This legis- eral officials quickly responded to the many being susceptible to large flood events lation is designed to help prevent such tragedy, assisting citizens while engi- or earthquakes. It is a reasonable expecta- tragic failures as the collapse of the neers from both the State Department tion of every American to be protected by our government; including protection from privately owned Ka Loko Dam in Kauai of Land and Natural Resources and the preventable disasters such as dam failures. last March in which seven people died. U.S. Army Corps of Engineers in- To contact the Dam Safety Coalition The legislation complements legisla- spected the over 50 dams on Kauai. please call Brian Pallasch if we can be of as- tion that I introduced with Senator Neighbors worked together to help sistance. INOUYE, S. 2444, the Dam Rehabilita- neighbors, and our Governor quickly We look forward to working with you to tion and Repair Act of 2006, which as- requested more funds, which the legis- enact the National Dam Safety Act in the 109th Congress. sists in securing and repairing publicly lature approved, for cleanup and addi- Sincerely, owned dams. Both of these bills are tional inspections. BRIAN T. PALLASCH, critical to preventing the type of dev- While most of the responsibility is at Co-Chair, Dam Safety astating collapse which occurred on the State and local level, there is a role Coalition. Kauai. for the Federal Government in LORI C. SPRAGENS, This legislation is vitally important supplementing State resources and de- Executive Director, not only to my State but to every veloping national guidelines for dam ASDSO. State. There are approximately 79,000 safety. The funds Hawaii receives By Mr. CRAIG (for himself and dams registered in the National Inven- under the program help the State’s Mr. AKAKA): tory of Dams. However, there are many staff to acquire and maintain equip- S. 2736. A bill to require the Sec- more dams that are small and unregu- ment and software to assess dam safe- retary of Veterans Affairs to establish lated. This bill provides funding for ty. It is a small amount but vitally im- centers to provide enhanced services to State dam safety programs to enhance portant to my State and to every veterans with amputations and pros- their oversight and support abilities. State. thetic devices, and for other purposes; The Dam Safety Act of 2006 reauthor- I urge my colleagues to join Senator to the Committee on Veterans’ Affairs. izes the National Dam Safety Program, BOND and me in supporting the reau- Mr. CRAIG. Mr. President, today I NDSP, which was first established as thorization of the National Dam Safety seek floor recognition to introduce leg- part of the Water Resources Develop- Program. islation to create a series of Amputa- ment Act of 1996 Public Law 104–303. In I ask unanimous consent to insert in tion and Prosthetic Rehabilitation 2002, the NDSP was reauthorized for the RECORD at this point a letter from Centers in the Department of Veterans another 4 years by the enactment of the Dam Safety Coalition endorsing Affairs. the Dam Safety and Security Act of this legislation. As many of you are aware, VA al- 2002 Public Law 107–310. It expires at There being no objection, the mate- ready operates numerous specialty care the end of this fiscal year, so its reau- rial was ordered to be printed in the centers for the treatment of veterans thorization is imperative. RECORD, as follows: with spinal cord injury, traumatic The National Dam Safety Program DAM SAFETY COALITION, brain injury, and visual impairment. delivers vital Federal resources to Washington, DC, May 4, 2006. However, at this moment, VA does not State governments to improve their Hon. KIT BOND, operate any similar centers of care for dam safety programs by providing Russell Senate Office Building, the treatment of veterans with ampu- Washington, DC. funds for training, technical assist- tations. Hon. DANIEL AKAKA, ance, research, and support. Federal in- Hart Senate Office Building, I do not mean to suggest that VA centive grants are awarded to States to Washington, DC. does not provide excellent care and enhance their dam safety programs. In DEAR SENATOR BOND AND SENATOR AKAKA: services to those veterans who have un- addition, funds have been used to hire We would like to commend you for your fortunately lost a limb or part of limb.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4058 CONGRESSIONAL RECORD — SENATE May 4, 2006 But, there’s always room for improve- government and the needs of our vet- (1) IN GENERAL.—The Secretary shall, to ment in the care VA delivers and, just erans, we can improve the American the extent practicable, ensure that the serv- as importantly, there is room for im- medical system for all of our citizens. ices provided by the Centers established pur- With the right technology, the best suant to subsection (a) do not duplicate the provement in the prosthetic services services provided by the polytrauma centers and devices that help those men and health care services, and a little per- of the Department of Veterans Affairs des- women with their physical restoration. sonal drive, many of our amputees will ignated as Tier I or Tier II Polytrauma cen- Many of us have spoken personally return to active lives. They will play ters. with service members who are tennis, basketball, go kayaking, and (2) CONSTRUCTION.—Paragraph (1) shall not recuperating from injuries at Walter even climb mountains. And while I am be construed to prohibit the location of a Reed Army Medical Center or Bethesda not suggesting that these centers will Center so as to facilitate the ready support Naval Hospital. Today’s extraordinary of a polytrauma center, referred to in that cause all of that to happen, I believe paragraph. battlefield medicine is bringing back to they will create the environment in Mr. AKAKA. Mr. President, today I our shores service members from Iraq which those things can happen. rise with my good friend and colleague, and Afghanistan who would never have I hope all of my colleagues will join Senator CRAIG from Idaho, to introduce lived through their injuries in previous me in supporting this bill now. And I legislation to establish at least five wars. Thanks to the best health care hope to report it out of my committee Amputation and Prosthetic Rehabilita- facilities the military has to offer and and bring it to the floor for a vote later tion Centers within the Department of the wonders of modern medicine, these this summer. Veterans Affairs (VA). Through pro- brave Americans will eventually leave I ask unanimous consent that the gressive and specialized expertise in the hospital. Then, most will start the text of the bill be printed in the the area of prosthetics and rehabilita- difficult process of reintegrating into RECORD. tion, the visible reminders of the sac- civilian life. For those whose injuries There being no objection, the text of the bill was ordered to be printed in rifices made by our wounded warriors resulted in an amputation, that process will become less evident and hopefully the RECORD, as follows: is just a little more difficult. less of a factor in their everyday lives. My hope with this bill is that these S. 2736 Specialty care for amputees has be- centers will be the lynchpin of a fully Be it enacted by the Senate and House of Rep- come an even more pressing concern integrated Prosthetic Service Network; resentatives of the United States of America in because of the types of injuries our Congress assembled, similar to those I mentioned at the brave soldiers have sustained in Oper- SECTION 1. AMPUTATION AND PROSTHETIC RE- outset of my remarks for the care of ation Iraqi Freedom and Operation En- spinal cord injury, traumatic brain in- HABILITATION CENTERS FOR VET- ERANS. during Freedom. Many would agree jury, and blindness. They would be (a) ESTABLISHMENT.— that this is not the same kind of war fully responsible for the system-wide (1) IN GENERAL.—The Secretary of Veterans that other generations of veterans have coordination of all of the Physical and Affairs shall establish not less than five cen- fought. The use of body armor and im- Occupational Therapy and Prosthetics ters to provide rehabilitation services to vet- provements in battlefield medicine erans with amputations or prosthetic de- care provided to this new generation of have saved more lives, but in many severely wounded veterans. In addition, vices. (2) PURPOSE.—The purpose of each center cases have left our soldiers with trau- they will provide a new level of service established pursuant to paragraph (1) are— matic injuries. Servicemembers in the to those who have long lived with am- (A) to provide regional clinical facilities of current conflicts have suffered from putations caused during previous wars the Department of Veterans Affairs with spe- twice as many amputations as those or conflicts. cial expertise in prosthetics, rehabilitation who fought in past wars. Unfortu- Further, it is my hope and expecta- with the use of prosthetics, treatment, and nately, the incidence of multiple ampu- tion that these centers will house and coordination of care for veterans who have tations from bomb blasts is higher in an amputation of any functional part of the drive much of the prosthetic and ampu- this war. tee related research and development body; and (B) to provide information and supportive The VA health care system has only projects conducted by VA. I believe services to all facilities of the Department of begun to see the men and women from that by gathering under one roof spe- Veterans Affairs concerning the care and Operation Enduring Freedom and Oper- cialists, who have dedicated their med- treatment of veterans with a prosthetic de- ation Iraqi Freedom who are in need of ical practice to caring for and rehabili- vice. long-term rehabilitation. Indeed, these tating those who have lost limbs, we (3) DESIGNATION.—Each center established veterans are young and plan on being will drive the marketplace of ideas and pursuant to paragraph (1) shall be known as active for a long time. VA is well an ‘‘Amputation and Prosthetic Rehabilita- develop the best treatment in the coun- poised to take on this challenge. An try. There is no limit to what modern tion Center’’ (in this section referred to as a ‘‘Center’’). ongoing study at the Providence VA technology, American ingenuity, and a (b) GEOGRAPHIC DISTRIBUTION.—In identi- hospital is looking at ‘‘biohybrid’’ great cause can accomplish. fying appropriate facilities for the location limbs which are implanted into tissue Just the other day, my Committee of the Centers established pursuant to sub- and later become an integral part of held a hearing on VA’s research pro- section (a), the Secretary shall ensure, to the the patient. gram. At that meeting, I had the op- maximum extent practicable, that such Cen- We cannot, however, forget about the portunity to speak with a VA clinician ters are geographically located so as to be war our current veterans continue to who, along with many of his col- accessible to as many veterans as possible in fight everyday against time and their leagues, has created a proto-type pros- the United States. (c) STAFF AND RESOURCES.—Each Center health. Veterans struggling with dis- thetic for someone who had lost part of shall include the following: eases such as diabetes are often faced a hand, but still had wrist control. In (1) A modern, well-equipped, and appro- with amputation. The establishment of just a few moments time, I was able to priately certified laboratory facility capable the Amputation and Prosthetic Reha- wire the equipment to my own arm and of providing state-of-the-art and complex bilitation Centers will provide ad- with a little practice pick up a glass of prosthetic devices to all veterans with an vanced care to those who have endured water, hold it in the prosthetic hand, amputation, including veterans with an am- the loss of a limb, which will help them and then return it to the table and re- putation incurred in Operation Iraqi Free- regain full function and a better qual- dom or Operation Enduring Freedom. move the hand from it without spilling (2) Certified and experienced prosthetists, ity of life. a drop. It was nothing short of amaz- including prosthetists with certifications in The centers will provide VA regional ing. It was also a small glimpse of new fabrication techniques. clinical facilities with cutting edge ex- where we can go. (3) An accredited Physical Medicine and pertise in prosthetics, rehabilitation Of course, discoveries and inventions, Rehabilitation (PM&R) service with staff with the use of prosthetics, treatment, like that hand, do not just remain in who are well-trained in current prosthetic and coordination of care for a veteran the VA vacuum. Once created, tested services and emerging trends for treatment with an amputation. By placing these of amputations. and approved, the R&D will leave the (4) A modern gait laboratory, permanently centers in locations with the highest VA world and almost immediately ben- located within such Center. concentrations of veterans, those in efit the civilian population of ampu- (d) NO DUPLICATION OF SERVICES OF need will truly benefit from these spe- tees. By combining the resources of our POLYTRAUMA CENTERS.— cialized services.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4059 VA has always been a leader in pro- Congress to make progress on it. The creased efficiency of our use of oil and gressive treatment and care. These question is, what can we do in the re- natural gas. centers will maintain VA as a leader by maining weeks of this Congress that That’s an area where we were unable providing the tools and staff necessary would be bipartisan, that could be to do much in the last Energy bill. But, to do so. The legislation requires that signed into law by the President, and there is a lot that needs to be done. the centers must have a well-equipped that would hold out the prospect of Among the most important provi- and appropriately certified laboratory eventually helping to moderate the sions we are taking from S. 2025 and facility necessary to provide the most price of gasoline at the pump? putting in the new bill, is an emphasis state-of-the-art and complex prosthetic I have thought for some time that on an expanded plan for economy-wide devices. the most effective way of approaching oil savings. The President is to come With experienced prosthetists trained the real issues driving the high prices up with a plan that will cut our oil use, and certified in the area of new tech- that consumers find unacceptable is from projected levels, by 2.5 million niques, an accredited Physical Medi- through a four-part strategy focusing barrels of oil per day by 2016, 7 million cine and Rehabilitation service with on 1. increasing consumer protection, barrels of oil per day by 2026, and 10 trained staff in the most current pros- 2. increasing supply, 3. increasing effi- million barrels of oil per day by 2031. thetic services, and a permanent mod- ciency of oil and gas use, and 4. pro- The new bill, also like S. 2025, in- ern gait laboratory located within each viding incentives for forward-looking cludes a number of initiatives designed center, veterans are sure to receive the energy choices in the market. to reduce our nearly total reliance on most advanced treatment and care. A fair number of bills have already petroleum products in the transpor- A critical part of this legislation is been introduced that deal with the first tation sector. These include: programs that these centers will serve as re- two parts of that strategy. What has that will speed the development of new sources for smaller VA hospitals which been lacking is a bipartisan path for- vehicle technologies such as ‘‘plug-in may not have all of the expertise but ward to consensus on increasing energy hybrids’’ and the use of advanced light will certainly have the patients. efficiency and on stimulating forward- weight materials in vehicles; expand- As Ranking Member of the Com- looking investments in energy effi- ing the authority of the Secretary of mittee on Veterans’ Affairs, I urge my ciency and renewable energy tech- Energy to provide loan guarantees and colleagues to join Chairman CRAIG and nologies. competitive grants to auto manufac- myself in support of providing treat- Today’s bills are intended to fill that turers and parts manufacturers for ment to those in need so they can gap. Each of these two bills is designed converting existing facilities or build- stand on their own. to go to a single committee with juris- ing new facilities for manufacturing fuel-efficient vehicles and vehicle com- By Mr. BINGAMAN (for himself, diction over most, if not all, of its con- tents. ponents; increasing the availability of Mr. BAYH, Mr. COLEMAN, Mr. The first bill, the Enhanced Energy alternative fuels, such as E85, across LIEBERMAN, Mr. CHAFEE, Ms. Security Act of 2006, is comprised of the country by providing funding for CANTWELL, Ms. COLLINS, Mr. provisions that generally fall in the ju- alternative fuel fueling stations; and SALAZAR, Mr. KERRY, Mrs. CLIN- risdiction of the Committee on Energy providing incentives for the production TON, and Mr. NELSON of Flor- and Natural Resources. of cellulosic ethanol—including loan ida): The second bill, the Enhanced Energy S. 2747. A bill to enhance energy effi- guarantees and a reverse auction for Security Tax Incentives Act of 2006, is ciency and conserve oil and natural production payments. comprised solely of provisions in the The new bill will also include a num- gas, and for other purposes; to the jurisdiction of the Senate Finance ber of provisions aimed at relieving de- Committee on Energy and Natural Re- Committee. mand and price pressure on natural sources. Some of the provisions in these two gas. These include: strengthening the By Mr. BINGAMAN (for himself, bills have been drawn from other bills, Federal purchase requirement for re- Mr. BAYH, Mr. COLEMAN, Mr. including S. 2025, the Vehicles and newable energy; the 10 percent renew- LIEBERMAN, Mr. LUGAR, Ms. Fuels Choices for American Security able portfolio standard that has passed CANTWELL, Ms. COLLINS, Mr. Act, which was introduced last year by the full Senate 3 times in the past 4 SALAZAR, Mr. KERRY, Mrs. CLIN- Senators BAYH, COLEMAN, LIEBERMAN years; encouraging States to strength- TON, and Mr. NELSON of Flor- and BROWNBACK along with others. I en their programs on demand-side man- ida): appreciate their leadership and their agement; and better educating con- S. 2748. A bill to amend the Internal support for this effort. What is news- sumers about energy efficiency meas- Revenue Code of 1986 to provide tax in- worthy here today is that we are put- ures that they can take. centives to promote energy production ting a large body of good policy ideas The basic idea behind the second bill, and conservation, and for other pur- in a form that will facilitate com- the Enhanced Energy Security Tax In- poses; to the Committee on Finance. mittee action here in the Senate. centives Act of 2006, is to create fiscal Mr. BINGAMAN. Mr. President. I rise Relying on the Energy and the Fi- incentives that help forward-looking today to introduce two energy bills: nance committees to do the necessary energy technologies to enter the mar- the Enhanced Energy Security Act of homework to come up with bipartisan ket. As is often the case with techno- 2006; and the Enhanced Energy Secu- solutions to our energy challenges is logical advancements, many of the en- rity Tax Incentives Act of 2006. the best way for us to make progress in ergy technology alternatives that are All of us know that we face a chal- this Congress. Both committees have poised to enter the marketplace will lenging energy situation in this coun- leaders, in Senators DOMENICI and Sen- not be able to successfully compete try in both the short term and the long ator GRASSLEY, who demonstrated without some transitional help. term. The world market price of crude their commitment to bipartisan en- The first set of provisions in the bill oil is above $72 per barrel. We have seen gagement on energy issues during the extends, through 2010, the various al- gasoline prices above $3 per gallon in enactment of last year’s Energy Policy ternative fuel, efficiency and renewable many parts of the country. In my home Act of 2005. I am looking forward to energy tax provisions we passed last State of New Mexico, these prices are a working with both Committee Chairs year. These existing tax incentives will real hardship to the many New Mexi- to move forward with the ideas in these work best if investors, manufacturers cans who are forced to drive long-dis- bills on a bipartisan basis. and consumers know that the govern- tances to work, without the prospect of The basic idea behind the first bill, ment is committed and that they can car pooling or public transportation. which is coming to the Energy Com- plan for these tax incentives being The steep rise in the price of gas at the mittee, is that if we want, in the long there for a few years. The tax provi- pump is putting a nearly unbearable term, to moderate the prices that con- sions we are extending include provi- squeeze on family budgets in New Mex- sumers are seeing in today’s markets sions to encourage the purchase of en- ico and all across America. from oil and natural gas, we need to ergy efficient housing and office mate- So, we have a major national prob- focus more strongly on increasing en- rials, as well as the generation of elec- lem and not much time left in this ergy efficiency, and particularly in- tricity from alternative sources such

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4060 CONGRESSIONAL RECORD — SENATE May 4, 2006 as biomass, fuel cells, the wind and the that are unnecessary and a waste of Sec. 502. Efficient and safe equipment re- sun. It will be nearly impossible for taxpayer dollars. This legislation placement program for weath- Congress to create a comprehensive na- would also close the SUV tax loophole erization purposes. tional energy policy if important en- that provides a windfall for the pur- SEC. 2. DEFINITION OF SECRETARY. ergy tax incentives such as these are in chasers of inefficient cars at a time In this Act, the term ‘‘Secretary’’ means a perpetual state of uncertainty over when the nation needs to be discour- the Secretary of Energy. the long term. If we extend these tax aging this activity. TITLE I—NATIONAL OIL SAVINGS PLAN incentives through 2010 now, we will I look forward to working with the AND REQUIREMENTS see a great increase in their usefulness Chairman and Ranking Member of the SEC. 101. OIL SAVINGS TARGET AND ACTION in an industry that needs a few years Finance Committee on both these new PLAN. tax incentives but also on ways of pay- Not later than 270 days after the date of lead-time to plan and build major en- enactment of this Act, the Director of the ergy projects. ing for them, so that we are acting in Office of Management and Budget (referred The second set of provisions in the a way that is fiscally responsible. to in this title as the ‘‘Director’’) shall pub- new tax bill will create new incentives I ask unanimous consent that the lish in the Federal Register an action plan to encourage our country to move to- text of both bills be printed in the consisting of— wards more fuel efficient vehicles, such RECORD. (1) a list of requirements proposed or to be as hybrids. It accomplishes this in sev- There being no objection, the text of proposed pursuant to section 102 that are au- eral ways. the bill was ordered to be printed in thorized to be issued under law in effect on First, as the President has suggested, the RECORD, as follows: the date of enactment of this Act, and this Act, that will be sufficient, when taken to- S. 2747 we lift the current cap on the number gether, to save from the baseline determined of vehicles per manufacturer that are Be it enacted by the Senate and House of Rep- under section 105— eligible for a consumer tax credit. This resentatives of the United States of America in (A) 2,500,000 barrels of oil per day on aver- proposal was also part of the package Congress assembled, age during calendar year 2016; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. unveiled last week by Senators DOMEN- (B) 7,000,000 barrels of oil per day on aver- (a) SHORT TITLE.—This Act may be cited as ICI and FRIST. Under the bill I will be age during calendar year 2026; and the ‘‘Enhanced Energy Security Act of 2006’’. (C) 10,000,000 barrels per day on average introducing, this modified version of (b) TABLE OF CONTENTS.—The table of con- during calendar year 2031; and the tax credit will be also extended tents of this Act is as follows: (2) a Federal Government-wide analysis until 2010. Sec. 1. Short title; table of contents. of— Next, we create a 35 percent tax cred- Sec. 2. Definition of Secretary. (A) the expected oil savings from the base- it for manufacturers on the expenses TITLE I—NATIONAL OIL SAVINGS PLAN line to be accomplished by each requirement; involved in retrofitting or setting up AND REQUIREMENTS and manufacturing facilities to make these Sec. 101. Oil savings target and action plan. (B) whether all such requirements, taken fuel efficient vehicles. Sec. 102. Standards and requirements. together, will achieve the oil savings speci- Sec. 103. Initial evaluation. fied in this section. To encourage businesses with fleets Sec. 104. Review and update of action plan. of vehicles, we create a 15 percent tax Sec. 105. Baseline and analysis require- SEC. 102. STANDARDS AND REQUIREMENTS. credit for the purchase of more than 10 ments. (a) IN GENERAL.—On or before the date of fuel efficient vehicles in a year. TITLE II—FEDERAL PROGRAMS FOR THE publication of the action plan under section In order to encourage alternative CONSERVATION OF OIL 101, the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, Sec. 201. Federal fleet conservation require- fueling stations, we expand the current the Secretary of Agriculture, the Adminis- ments. 30 percent tax credit to 50 percent and trator of the Environmental Protection Sec. 202. Assistance for State programs to allow it to be operative until the end of Agency, and the head of any other agency retire fuel-inefficient motor ve- 2010. the President determines appropriate shall hicles. Finally, we create a 25 percent tax Sec. 203. Assistance to States to reduce each propose, or issue a notice of intent to credit for the purchase of qualified school bus idling. propose, regulations establishing each stand- idling reduction equipment so that ve- Sec. 204. Near-term vehicle technology pro- ard or other requirement listed in the action hicles currently on the road are not gram. plan that is under the jurisdiction of the re- running their engines any more than Sec. 205. Lightweight materials research and spective agency using authorities described development. in subsection (b). necessary. Sec. 206. Loan guarantees for fuel-efficient (b) AUTHORITIES.—The head of each agency While this is a rather large expansion automobile manufacturer and described in subsection (a) shall use to carry of the currently available tax incen- suppliers. out this section— tives for fuel efficient vehicles, it is Sec. 207. Funding for alternative infrastruc- (1) any authority in existence on the date what is going to be necessary to get ture for the distribution of of enactment of this Act (including regula- our vehicle policy headed in the right transportation fuels. tions); and direction. Sec. 208. Deployment of new technologies to (2) any new authority provided under this reduce oil use in transpor- The legislation also contains new Act (including an amendment made by this tation. Act). provisions to encourage the purchase of Sec. 209. Production incentives for cellulosic (c) FINAL REGULATIONS.—Not later than 18 fuel efficient technologies for resi- biofuels. months after the date of enactment of this dences and businesses. It creates a 10 TITLE III—FEDERAL PROGRAMS FOR Act, the head of each agency described in percent tax credit for the purchase of THE CONSERVATION OF NATURAL GAS subsection (a) shall promulgate final energy efficient combined heat and Sec. 301. Renewable portfolio standard. versions of the regulations required under power units as well as provides for Sec. 302. Federal requirement to purchase this section. three year depreciation on the pur- electricity generated by renew- (d) AGENCY ANALYSES.—Each proposed and chase price for ‘‘smart meters.’’ These able energy. final regulation promulgated under this sec- tion shall— provisions have broad support in the TITLE IV—GENERAL ENERGY EFFICIENCY PROGRAMS (1) be designed to achieve at least the oil Senate but were regrettably dropped in Sec. 401. Energy savings performance con- savings resulting from the regulation under last year’s conference on the Energy tracts. the action plan published under section 101; Bill. I think is important that we look Sec. 402. Deployment of new technologies and at these provisions anew. for high-efficiency consumer (2) be accompanied by an analysis by the A question that usually arises when products. applicable agency describing the manner in you talk about expanding tax incen- Sec. 403. National media campaign to de- which the regulation will promote the tives is whether they are going to be crease oil and natural gas con- achievement of the oil savings from the paid for. Many of us here in the Senate sumption. baseline determined under section 105. Sec. 404. Energy efficiency resource pro- SEC. 103. INITIAL EVALUATION. are worried about the deficit, so the grams. tax bill that I am describing contains (a) IN GENERAL.—Not later than 2 years TITLE V—ASSISTANCE TO ENERGY after the date of enactment of this Act, the several revenue offsets, such as the CONSUMERS Director shall publish in the Federal Reg- provisions contained in last year’s rec- Sec. 501. Energy emergency disaster relief ister a Federal Government-wide analysis of onciliation tax bill that get rid of tax loans to small business and ag- the oil savings achieved from the baseline es- benefits in the oil and gas industry ricultural producers. tablished under section 105.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4061

(b) INADEQUATE OIL SAVINGS.—If the oil TITLE II—FEDERAL PROGRAMS FOR THE priations are made under subsection (f) that, savings are less than the targets established CONSERVATION OF OIL at the time of manufacture, had a fuel econ- under section 101, simultaneously with the SEC. 201. FEDERAL FLEET CONSERVATION RE- omy rating that was equal to or less than analysis required under subsection (a)— QUIREMENTS. ø20? ¿ miles per gallon. (1) the Director shall publish a revised ac- (a) IN GENERAL.—Part J of title IV of the (3) LIGHT-DUTY TRUCK.— tion plan that is adequate to achieve the tar- Energy Policy and Conservation Act (42 (A) IN GENERAL.—The term ‘‘light-duty gets; and U.S.C. 6374 et seq.) is amended by adding at truck’’ means an automobile that is not a (2) the Secretary of Energy, the Secretary the end the following: passenger automobile. of Transportation, and the Administrator ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION (B) INCLUSIONS.—The term ‘‘light-duty shall propose new or revised regulations REQUIREMENTS. truck’’ includes a pickup truck, a van, or a under subsections (a), (b), and (c), respec- ‘‘(a) MANDATORY REDUCTION IN PETROLEUM four-wheel-drive general utility vehicle, as tively, of section 102. CONSUMPTION.— those terms are defined in section 600.002–85 of title 40, Code of Federal Regulations. (c) FINAL REGULATIONS.—Not later than 180 ‘‘(1) IN GENERAL.—The Secretary shall issue (4) STATE.—The term ‘‘State’’ means any of days after the date on which regulations are regulations for Federal fleets subject to sec- tion 400AA requiring that not later than Oc- the several States and the District of Colum- proposed under subsection (b)(2), the Sec- bia. retary of Energy, the Secretary of Transpor- tober 1, 2009, each Federal agency achieve at least a 20 percent reduction in petroleum (b) ESTABLISHMENT.—The Secretary shall tation, and the Administrator shall promul- consumption, as calculated from the baseline establish a program, to be known as the ‘‘Na- gate final versions of those regulations. established by the Secretary for fiscal year tional Motor Vehicle Efficiency Improve- ment Program,’’ under which the Secretary SEC. 104. REVIEW AND UPDATE OF ACTION PLAN. 1999. ‘‘(2) PLAN.— shall provide grants to States to operate vol- (a) REVIEW.—Not later than January 1, ‘‘(A) REQUIREMENT.—The regulations shall untary programs to offer owners of fuel inef- 2011, and every 3 years thereafter, the Direc- require each Federal agency to develop a ficient automobiles financial incentives to tor shall submit to Congress, and publish, a plan to meet the required petroleum reduc- replace the automobiles with fuel efficient report that— tion level. automobiles. (c) ELIGIBILITY CRITERIA.—The Secretary (1) evaluates the progress achieved in im- ‘‘(B) MEASURES.—The plan may allow an shall approve a State plan and provide the plementing the oil savings targets estab- agency to meet the required petroleum re- funds made available under subsection (f), if lished under section 101; duction level through— the State plan— (2) analyzes the expected oil savings under ‘‘(i) the use of alternative fuels; (1) except as provided in paragraph (8), re- the standards and requirements established ‘‘(ii) the acquisition of vehicles with higher quires that all passenger automobiles and under this Act and the amendments made by fuel economy, including hybrid vehicles; light-duty trucks turned in be scrapped, this Act; and ‘‘(iii) the substitution of cars for light after allowing a period of time for the recov- (3)(A) analyzes the potential to achieve oil trucks; ery of spare parts; savings that are in addition to the savings ‘‘(iv) an increase in vehicle load factors; (2) requires that all passenger automobiles required by section 101; and ‘‘(v) a decrease in vehicle miles traveled; and light-duty trucks turned in be registered (B) if the President determines that it is in ‘‘(vi) a decrease in fleet size; and in the State in order to be eligible; the national interest, establishes a higher oil ‘‘(vii) other measures. (3) requires that all passenger automobiles savings target for calendar year 2017 or any ‘‘(C) REPLACEMENT TIRES.—The regulations and light-duty trucks turned in be oper- subsequent calendar year. shall include a requirement that each Fed- ational at the time that the passenger auto- eral agency purchase energy-efficient re- (b) INADEQUATE OIL SAVINGS.—If the oil mobiles and light-duty trucks are turned in; placement tires for the respective fleet vehi- savings are less than the targets established (4) restricts automobile owners (except cles of the agency. under section 101, simultaneously with the not-for-profit organizations) from turning in ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PRO- report required under subsection (a)— more than 1 passenger automobile and 1 GRAMS FOR REDUCING PETROLEUM CONSUMP- (1) the Director shall publish a revised ac- light-duty truck during a 1–year period; TION.— tion plan that is adequate to achieve the tar- (5) provides an appropriate payment to the ‘‘(1) IN GENERAL.—Each Federal agency gets; and person recycling the scrapped passenger shall actively promote incentive programs (2) the Secretary of Energy, the Secretary automobile or light-duty truck for each that encourage Federal employees and con- of Transportation, and the Administrator turned-in passenger automobile or light-duty tractors to reduce petroleum through the use shall propose new or revised regulations truck; of practices such as— under subsections (a), (b), and (c), respec- (6) subject to subsection (d)(2), provides a ‘‘(A) telecommuting; tively, of section 102. minimum payment to the automobile owner ‘‘(B) public transit; for each passenger automobile and light-duty (c) FINAL REGULATIONS.—Not later than 180 ‘‘(C) carpooling; and truck turned in; and days after the date on which regulations are ‘‘(D) bicycling. (7) provides appropriate exceptions to the proposed under subsection (b)(2), the Sec- ‘‘(2) MONITORING AND SUPPORT FOR INCEN- scrappage requirement for vehicles that retary of Energy, the Secretary of Transpor- TIVE PROGRAMS.—The Administrator of the qualify as antique cars under State law. tation, and the Administrator shall promul- General Services Administration, the Direc- (d) STATE PLAN.— gate final versions of those regulations. tor of the Office of Personnel Management, (1) IN GENERAL.—To be eligible to receive and the Secretary of the Department of En- SEC. 105. BASELINE AND ANALYSIS REQUIRE- funds under the program, the Governor of a MENTS. ergy shall monitor and provide appropriate State shall submit to the Secretary a plan to support to agency programs described in In performing the analyses and promul- carry out a program under this section in paragraph (1).’’. that State. gating proposed or final regulations to estab- (b) TABLE OF CONTENTS AMENDMENT.—The (2) ADDITIONAL STATE CREDIT.—In addition lish standards and other requirements nec- table of contents of the Energy Policy and to the payment under subsection (c)(6), the essary to achieve the oil savings required by Conservation Act (42 U.S.C. prec. 6201) is State plan may provide a credit that may be this title, the Secretary of Energy, the Sec- amended by adding at the end of the items redeemed by the owner of the replaced fuel- retary of Transportation, the Secretary of relating to part J of title III the following: inefficient automobile at the time of pur- Defense, the Secretary of Agriculture, the ‘‘Sec. 400FF. Federal fleet conservation re- chase of the new fuel-efficient automobile. Administrator of the Environmental Protec- quirements.’’. (e) ALLOCATION FORMULA.—The amounts tion Agency, and the head of any other agen- SEC. 202. ASSISTANCE FOR STATE PROGRAMS TO appropriated pursuant to subsection (f) shall cy the President determines to be appro- RETIRE FUEL-INEFFICIENT MOTOR be allocated among the States on the basis of priate shall— VEHICLES. the number of registered motor vehicles in (1) determine oil savings as the projected (a) DEFINITIONS.—In this section: each State at the time that the Secretary reduction in oil consumption from the base- (1) FUEL-EFFICIENT AUTOMOBILE.—The term needs to compute shares under this sub- line established by the reference case con- ‘‘fuel-efficient automobile’’ means a pas- section. tained in the report of the Energy Informa- senger automobile or a light-duty truck that (f) AUTHORIZATION OF APPROPRIATIONS.— tion Administration entitled ‘‘Annual En- has a fuel economy rating that is 40 percent There are authorized to be appropriated to ergy Outlook 2005’’; greater than the average fuel economy the Secretary such sums as are necessary to (2) determine the oil savings projections standard prescribed pursuant to section 32902 carry out this section, to remain available required on an annual basis for each of cal- of title 49, United States Code, or other law, until expended. endar years 2009 through 2026; and applicable to the passenger automobile or SEC. 203. ASSISTANCE TO STATES TO REDUCE (3) account for any overlap among the light-duty truck. SCHOOL BUS IDLING. standards and other requirements to ensure (2) FUEL-INEFFICIENT AUTOMOBILES.—The (a) STATEMENT OF POLICY.—Congress en- that the projected oil savings from all the term ‘‘fuel-inefficient automobile’’ means a courages each local educational agency (as promulgated standards and requirements, passenger automobile or a light-duty truck defined in section 9101(26) of the Elementary taken together, are as accurate as prac- manufactured in a model year more than 15 and Secondary Education Act of 1965 (20 ticable. years before the fiscal year in which appro- U.S.C. 7801(26))) that receives Federal funds

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4062 CONGRESSIONAL RECORD — SENATE May 4, 2006

under the Elementary and Secondary Edu- (4) FUEL CELL VEHICLE.—The term ‘‘fuel (i) understand and inventory markets; and cation Act of 1965 (20 U.S.C. 6301 et seq.) to cell vehicle’’ means an on-road or nonroad (ii) identify and implement methods of re- develop a policy to reduce the incidence of vehicle that uses a fuel cell (as defined in moving barriers for existing and emerging school bus idling at schools while picking up section 3 of the Spark M. Matsunaga Hydro- applications. and unloading students. gen Research, Development, and Demonstra- (d) GOALS.—The goals of the electric drive (b) AUTHORIZATION OF APPROPRIATIONS.— tion Act of 1990). transportation technology program estab- There are authorized to be appropriated to (5) NONROAD VEHICLE.—The term ‘‘nonroad lished under subsection (c) shall be to de- the Secretary of Energy, working in coordi- vehicle’’ has the meaning given the term in velop, in partnership with industry and insti- nation with the Secretary of Education, section 216 of the Clean Air Act (42 U.S.C. tutions of higher education, projects that $5,000,000 for each of fiscal years 2007 through 7550). focus on— 2012 for use in educating States and local (6) PLUG-IN HYBRID ELECTRIC VEHICLE.—The (1) innovative electric drive technology de- education agencies about— term ‘‘plug-in hybrid electric vehicle’’ means veloped in the United States; (1) benefits of reducing school bus idling; an on-road or nonroad vehicle that is pro- (2) growth of employment in the United and pelled by an internal combustion engine or States in electric drive design and manufac- (2) ways in which school bus idling may be heat engine using— turing; reduced. (A) any combustible fuel; (3) validation of the plug-in hybrid poten- SEC. 204. NEAR-TERM VEHICLE TECHNOLOGY (B) an on-board, rechargeable storage de- tial through fleet demonstrations; and PROGRAM. vice; and (4) acceleration of fuel cell commercializa- (a) PURPOSES.—The purposes of this section (C) a means of using an off-board source of tion through comprehensive development are— electricity. and commercialization of the electric drive (1) to enable and promote, in partnership (7) PLUG-IN HYBRID FUEL CELL VEHICLE.— technology systems that are the with industry, comprehensive development, The term ‘‘plug-in hybrid fuel cell vehicle’’ foundational technology of the fuel cell vehi- demonstration, and commercialization of a means a fuel cell vehicle with a battery pow- cle system. wide range of electric drive components, sys- ered by an off-board source of electricity. (e) AUTHORIZATION OF APPROPRIATIONS.— tems, and vehicles using diverse electric (c) PROGRAM.—The Secretary shall conduct There is authorized to be appropriated to drive transportation technologies; a program of research, development, dem- carry out this section $300,000,000 for each of (2) to make critical public investments to onstration, and commercial application for fiscal years 2007 through 2012. help private industry, institutions of higher electric drive transportation technology, in- education, National Laboratories, and re- SEC. 205. LIGHTWEIGHT MATERIALS RESEARCH cluding— AND DEVELOPMENT. search institutions to expand innovation, in- (1) high capacity, high efficiency batteries; (a) IN GENERAL.—As soon as practicable dustrial growth, and jobs in the United (2) high efficiency on-board and off-board after the date of enactment of this Act, the States; charging components; Secretary shall establish a research and de- (3) to expand the availability of the exist- (3) high power drive train systems for pas- velopment program to determine ways in ing electric infrastructure for fueling light senger and commercial vehicles and for which— duty transportation and other on-road and nonroad equipment; (1) the weight of vehicles may be reduced nonroad vehicles that are using petroleum (4) control system development and power to improve fuel efficiency without compro- and are mobile sources of emissions— train development and integration for plug- mising passenger safety; and (A) including the more than 3,000,000 re- in hybrid electric vehicles, plug-in hybrid (2) the cost of lightweight materials (such ported units (such as electric forklifts, golf fuel cell vehicles, and engine dominant hy- as steel alloys and carbon fibers) required for carts, and similar nonroad vehicles) in use brid electric vehicles, including— the construction of lighter-weight vehicles on the date of enactment of this Act; and (A) development of efficient cooling sys- may be reduced. (B) with the goal of enhancing the energy tems; (b) AUTHORIZATION OF APPROPRIATIONS.— security of the United States, reduce depend- (B) analysis and development of control There is authorized to be appropriated to ence on imported oil, and reduce emissions systems that minimize the emissions profile carry out this section $60,000,000 for each of through the expansion of grid supported mo- when clean diesel engines are part of a plug- fiscal years 2007 through 2012. bility; in hybrid drive system; and (C) development of different control sys- SEC. 206. LOAN GUARANTEES FOR FUEL-EFFI- (4) to accelerate the widespread commer- CIENT AUTOMOBILE MANUFAC- cialization of all types of electric drive vehi- tems that optimize for different goals, in- TURER AND SUPPLIERS. cle technology into all sizes and applications cluding— (a) IN GENERAL.—Section 712(a) of the En- of vehicles, including commercialization of (i) battery life; ergy Policy Act of 2005 (42 U.S.C. 16062(a)) is plug-in hybrid electric vehicles and plug-in (ii) reduction of petroleum consumption; amended in the second sentence by striking hybrid fuel cell vehicles; and and ‘‘grants to automobile manufacturers’’ and (5) to improve the energy efficiency of and (iii) green house gas reduction; inserting ‘‘grants and loan guarantees under reduce the petroleum use in transportation. (5) nanomaterial technology applied to section 1703 to automobile manufacturers (b) DEFINITIONS.—In this section: both battery and fuel cell systems; and suppliers’’. (1) BATTERY.—The term ‘‘battery’’ means (6) large-scale demonstrations, testing, and (b) CONFORMING AMENDMENT.—Section an energy storage device used in an on-road evaluation of plug-in hybrid electric vehicles 1703(b) of the Energy Policy Act of 2005 (42 or nonroad vehicle powered in whole or in in different applications with different bat- U.S.C. 16513(b)) is amended by striking para- part using an off-board or on-board source of teries and control systems, including— graph (8) and inserting the following: electricity. (A) military applications; ‘‘(8) Production facilities for the manufac- (2) ELECTRIC DRIVE TRANSPORTATION TECH- (B) mass market passenger and light-duty ture of fuel-efficient vehicles or parts of such NOLOGY.—The term ‘‘electric drive transpor- truck applications; vehicles, including hybrid and advanced die- tation technology’’ means— (C) private fleet applications; and sel vehicles.’’. (A) vehicles that use an electric motor for (D) medium- and heavy-duty applications; SEC. 207. FUNDING FOR ALTERNATIVE INFRA- all or part of their motive power and that (7) a nationwide education strategy for STRUCTURE FOR THE DISTRIBU- may or may not use off-board electricity, in- electric drive transportation technologies TION OF TRANSPORTATION FUELS. cluding battery electric vehicles, fuel cell ve- providing secondary and high school teach- (a) IN GENERAL.—There is established in hicles, engine dominant hybrid electric vehi- ing materials and support for university edu- the Treasury of the United States a trust cles, plug-in hybrid electric vehicles, plug-in cation focused on electric drive system and fund, to be known as the ‘‘Alternative Fuel- hybrid fuel cell vehicles, and electric rail; or component engineering; ing Infrastructure Trust Fund’’ (referred to (B) equipment relating to transportation (8) development, in consultation with the in this section as the ‘‘Trust Fund’’), con- or mobile sources of air pollution that use an Administrator of the Environmental Protec- sisting of such amounts as are deposited into electric motor to replace an internal com- tion Agency, of procedures for testing and the Trust Fund under subsection (b) and any bustion engine for all or part of the work of certification of criteria pollutants, fuel econ- interest earned on investment of amounts in the equipment, including corded electric omy, and petroleum use for light-, med- the Trust Fund. equipment linked to transportation or mo- ium-, and heavy-duty vehicle applications, (b) PENALTIES.—The Secretary of Trans- bile sources of air pollution. including consideration of— portation shall remit 90 percent of the (3) ENGINE DOMINANT HYBRID ELECTRIC VEHI- (A) the vehicle and fuel as a system, not amount collected in civil penalties under CLE.—The term ‘‘engine dominant hybrid just an engine; and section 32912 of title 49, United States Code, electric vehicle’’ means an on-road or (B) nightly off-board charging; and to the Trust Fund. nonroad vehicle that— (9) advancement of battery and corded (c) GRANT PROGRAM.— (A) is propelled by an internal combustion electric transportation technologies in mo- (1) IN GENERAL.—The Secretary of Energy engine or heat engine using— bile source applications by— shall obligate such sums as are available in (i) any combustible fuel; (A) improvement in battery, drive train, the Trust Fund to establish a grant program (ii) an on-board, rechargeable storage de- and control system technologies; and to increase the number of locations at which vice; and (B) working with industry and the Admin- consumers may purchase alternative trans- (B) has no means of using an off-board istrator of the Environmental Protection portation fuels. source of electricity. Agency to— (2) ADMINISTRATION.—

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4063

(A) IN GENERAL.—The Secretary may award struct the station shall notify the Secretary (ii) incorporates direct injection; and grants under this subsection to— of the opening. (iii) achieves at least 125 percent of the (i) individual fueling stations; and (B) WEBSITE.—The Secretary shall add city fuel economy of vehicles in the same (ii) corporations (including nonprofit cor- each new alternative fuel station to the al- size class as the vehicle for model year 2002. porations) with demonstrated experience in ternative fuel station locator on the website (C) ADVANCED TECHNOLOGY VEHICLE.—The the administration of grant funding for the of the Department of Energy when the Sec- term ‘‘advanced technology vehicle’’ means purpose of alternative fueling infrastructure. retary receives notification under this sub- a light duty motor vehicle that— (B) MAXIMUM AMOUNT OF GRANTS.—A grant section. (i) is a hybrid motor vehicle or an ad- (6) REPORTS.—Not later than 180 days after provided under this subsection may not ex- vanced lean burn technology motor vehicle; ceed— the receipt of a grant award under this sub- section, and every 180 days thereafter, each and (i) $150,000 for each site of an individual (ii) meets— fueling station; and grant recipient shall submit a report to the Secretary that describes— (I) the Bin 5 Tier II emission standard es- (ii) $500,000 for each corporation (including tablished in regulations issued by the Ad- a nonprofit corporation). (A) the status of each alternative fuel sta- ministrator of the Environmental Protection (C) PRIORITIZATION.—The Secretary shall tion constructed with grant funds received Agency under section 202(i) of the Clean Air prioritize the provision of grants under this under this subsection; Act (42 U.S.C. 7521(i)), or a lower-numbered subsection to recognized nonprofit corpora- (B) the quantity of alternative fuel dis- Bin emission standard; tions that have proven experience and dem- pensed at each station during the preceding 180-day period; and (II) any new emission standard for fine par- onstrated technical expertise in the estab- (C) the average price per gallon of the al- lishment of alternative fueling infrastruc- ticulate matter prescribed by the Adminis- ternative fuel sold at each station during the ture, as determined by the Secretary. trator under that Act (42 U.S.C. 7401 et seq.); preceding 180-day period. (D) ADMINISTRATIVE EXPENSES.—Not more and than 10 percent of the funds provided in any SEC. 208. DEPLOYMENT OF NEW TECHNOLOGIES (III) at least 125 percent of the base year TO REDUCE OIL USE IN TRANSPOR- grant may be used by the recipient of the city fuel economy for the weight class of the TATION. vehicle. grant to pay administrative expenses. (a) FUEL FROM CELLULOSIC BIOMASS.— (D) ENGINEERING INTEGRATION COSTS.—The (E) NUMBER OF VEHICLES.—In providing (1) IN GENERAL.—The Secretary shall pro- grants under this subsection, the Secretary vide deployment incentives under this sub- term ‘‘engineering integration costs’’ in- shall consider the number of vehicles in serv- section to encourage a variety of projects to cludes the cost of engineering tasks relating ice capable of using a specific type of alter- produce transportation fuel from cellulosic to— native fuel. biomass, relying on different feedstocks in (i) incorporating qualifying components (F) MATCH.—Grant recipients shall provide different regions of the United States. into the design of advanced technology vehi- a non-Federal match of not less than $1 for (2) PROJECT ELIGIBILITY.—Incentives under cles; and every $3 of grant funds received under this this subsection shall be provided on a com- (ii) designing new tooling and equipment subsection. petitive basis to projects that produce fuel for production facilities that produce quali- (G) LOCATIONS.—Each grant recipient shall that— fying components or advanced technology select the locations for each alternative fuel (A) meet United States fuel and emission vehicles. station to be constructed with grant funds specifications; (E) HYBRID MOTOR VEHICLE.—The term ‘‘hy- received under this subsection on a formal, (B) help diversify domestic transportation brid motor vehicle’’ means a motor vehicle open, and competitive basis. energy supplies; and that draws propulsion energy from onboard (H) USE OF INFORMATION IN SELECTION OF (C) improve or maintain air, water, soil, sources of stored energy that are— RECIPIENTS.—In selecting grant recipients and habitat quality. (i) an internal combustion or heat engine under this subsection, the Secretary may (3) INCENTIVES.—Incentives under this sub- using combustible fuel; and consider— section may consist of— (ii) a rechargeable energy storage system. (i) public demand for each alternative fuel (A) loan guarantees under section 1510 of (F) QUALIFYING COMPONENTS.—The term in a particular county based on State reg- the Energy Policy Act of 2005 (42 U.S.C. ‘‘qualifying components’’ means components istration records indicating the number of 16501), subject to section 1702 of that Act (22 that the Secretary determines to be— vehicles that may be operated using alter- U.S.C. 16512), for the construction of produc- (i) specially designed for advanced tech- native fuel; and tion facilities and supporting infrastructure; nology vehicles; and (ii) the opportunity to create or expand or (ii) installed for the purpose of meeting the corridors of alternative fuel stations along (B) production payments through a reverse performance requirements of advanced tech- interstates or highways. auction in accordance with paragraph (4). nology vehicles. (3) USE OF GRANT FUNDS.—Grant funds re- (4) REVERSE AUCTION.— ANUFACTURER FACILITY CONVERSION ceived under this subsection may be used (A) IN GENERAL.—In providing incentives (2) M to— under this subsection, the Secretary shall— AWARDS.—The Secretary shall provide facil- (A) construct new facilities to dispense al- (i) issue regulations under which producers ity conversion funding awards under this ternative fuels; of fuel from cellulosic biomass may bid for subsection to automobile manufacturers and (B) purchase equipment to upgrade, ex- production payments under paragraph (3)(B); component suppliers to pay not more than 30 pand, or otherwise improve existing alter- and percent of the cost of— native fuel facilities; or (ii) solicit bids from producers of different (A) reequipping or expanding an existing (C) purchase equipment or pay for specific classes of transportation fuel, as the Sec- manufacturing facility in the United States turnkey fueling services by alternative fuel retary determines to be appropriate. to produce— providers. (B) REQUIREMENT.—The rules under sub- (i) qualifying advanced technology vehi- (4) FACILITIES.—Facilities constructed or paragraph (A) shall require that incentives cles; or upgraded with grant funds under this sub- be provided to the producers that submit the (ii) qualifying components; and section shall— lowest bid (in terms of cents per gallon) for (B) engineering integration performed in (A) provide alternative fuel available to each class of transportation fuel from which the United States of qualifying vehicles and the public for a period not less than 4 years; the Secretary solicits a bid. qualifying components. (B) establish a marketing plan to advance (b) ADVANCED TECHNOLOGY VEHICLES MANU- (3) PERIOD OF AVAILABILITY.—An award the sale and use of alternative fuels; FACTURING INCENTIVE PROGRAM.— under paragraph (2) shall apply to— (C) prominently display the price of alter- (1) DEFINITIONS.—In this subsection: (A) facilities and equipment placed in serv- native fuel on the marquee and in the sta- (A) ADJUSTED FUEL ECONOMY.—The term ice before December 30, 2017; and tion; ‘‘adjusted fuel economy’’ means the average (B) engineering integration costs incurred (D) provide point of sale materials on al- fuel economy of a manufacturer for all light during the period beginning on the date of ternative fuel; duty motor vehicles produced by the manu- enactment of this Act and ending on Decem- (E) clearly label the dispenser with con- facturer, adjusted such that the fuel econ- sistent materials; omy of each vehicle that qualifies for a cred- ber 30, 2017. (F) price the alternative fuel at the same it shall be considered to be equal to the aver- (4) IMPROVEMENT.—The Secretary shall margin that is received for unleaded gaso- age fuel economy for the weight class of the issue regulations that require that, in order line; and vehicle for model year 2002. for an automobile manufacturer to be eligi- (G) support and use all available tax incen- (B) ADVANCED LEAN BURN TECHNOLOGY ble for an award under this subsection during tives to reduce the cost of the alternative MOTOR VEHICLE.—The term ‘‘advanced lean a particular year, the adjusted average fuel fuel to the lowest practicable retail price. burn technology motor vehicle’’ means a economy of the manufacturer for light duty (5) OPENING OF STATIONS.— passenger automobile or a light truck with vehicles produced by the manufacturer dur- (A) IN GENERAL.—Not later than the date an internal combustion engine that— ing the most recent year for which data are on which each alternative fuel station begins (i) is designed to operate primarily using available shall be not less than the average to offer alternative fuel to the public, the more air than is necessary for complete com- fuel economy for all light duty motor vehi- grant recipient that used grant funds to con- bustion of the fuel; cles of the manufacturer for model year 2002.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4064 CONGRESSIONAL RECORD — SENATE May 4, 2006 SEC. 209. PRODUCTION INCENTIVES FOR CELLU- of the direct acquisition of renewable power, than 1 year after the date of enactment of LOSIC BIOFUELS. the Secretary shall issue renewable energy this section. Section 942(f) of the Energy Policy Act of credits in an amount that corresponds to the ‘‘(f) EXEMPTIONS.—This section shall not 2005 (42 U.S.C. 16251(f)) is amended by strik- kilowatt-hour obligation represented by the apply in any calendar year to an electric ing ‘‘$250,000,000’’ and inserting ‘‘$200,000,000 State certificates and credits issued pursu- utility— for each of fiscal years 2007 through 2011’’. ant to the State program to the extent the ‘‘(1) that sold less than 4,000,000 megawatt- TITLE III—FEDERAL PROGRAMS FOR THE State certificates and credits are associated hours of electric energy to electric con- CONSERVATION OF NATURAL GAS with renewable resources eligible under this sumers during the preceding calendar year; SEC. 301. RENEWABLE PORTFOLIO STANDARD. section. or ‘‘(2) in Hawaii. (a) IN GENERAL.—Title VI of the Public ‘‘(c) ENFORCEMENT.— ‘‘(g) INFLATION ADJUSTMENT.—Not later Utility Regulatory Policies Act of 1978 (16 ‘‘(1) CIVIL PENALTIES.—Any electric utility than December 31 of each year beginning in U.S.C. 2601 et seq.) is amended by adding at that fails to meet the renewable energy re- 2008, the Secretary shall adjust for inflation the end the following: quirements of subsection (a) shall be subject to a civil penalty. the price of a renewable energy credit under ‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO subsection (b)(2)(B) and the amount of the ‘‘(2) AMOUNT OF PENALTY.—The amount of STANDARD. civil penalty per kilowatt-hour under sub- ‘‘(a) RENEWABLE ENERGY REQUIREMENT.— the civil penalty shall be determined by mul- tiplying the number of kilowatt-hours of section (c)(2). ‘‘(1) IN GENERAL.—Each electric utility ‘‘(h) STATE PROGRAMS.—Nothing in this electric energy sold to electric consumers in that sells electricity to electric consumers section shall diminish any authority of a violation of subsection (a) by the greater of shall obtain a percentage of the base amount State or political subdivision thereof to 1.5 cents (adjusted for inflation under sub- of electricity it sells to electric consumers in adopt or enforce any law or regulation re- section (g)) or 200 percent of the average any calendar year from new renewable en- specting renewable energy, but, except as ergy or existing renewable energy. The per- market value of renewable energy credits provided in subsection (c)(3), no such law or centage obtained in a calendar year shall not during the year in which the violation oc- regulation shall relieve any person of any re- be less than the amount specified in the fol- curred. quirement otherwise applicable under this lowing table: ‘‘(3) MITIGATION OR WAIVER.—The Secretary section. The Secretary, in consultation with ‘‘Calendar year: Minimum annual may mitigate or waive a civil penalty under States having such renewable energy pro- percentage: this subsection if the electric utility was un- grams, shall, to the maximum extent prac- 2008 through 2011 ...... 2.55 able to comply with subsection (a) for rea- ticable, facilitate coordination between the 2012 through 2015 ...... 5.05 sons outside of the reasonable control of the Federal program and State programs. 2016 through 2019 ...... 7.55 utility. The Secretary shall reduce the ‘‘(i) RECOVERY OF COSTS.— 2020 through 2030 ...... 10.0 amount of any penalty determined under ‘‘(1) IN GENERAL.—The Commission shall ‘‘(2) MEANS OF COMPLIANCE.—An electric paragraph (2) by an amount paid by the elec- issue and enforce such regulations as are utility shall meet the requirements of para- tric utility to a State for failure to comply necessary to ensure that an electric utility graph (1) by— with the requirement of a State renewable recovers all prudently incurred costs associ- ‘‘(A) generating electric energy using new energy program if the State requirement is ated with compliance with this section. renewable energy or existing renewable en- greater than the applicable requirement of ‘‘(2) APPLICABLE LAW.—A regulation under ergy; subsection (a). paragraph (1) shall be enforceable in accord- ‘‘(B) purchasing electric energy generated ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— ance with the provisions of law applicable to by new renewable energy or existing renew- The Secretary shall assess a civil penalty enforcement of regulations under the Fed- able energy; under this subsection in accordance with the eral Power Act (16 U.S.C. 791a et seq.). ‘‘(C) purchasing renewable energy credits procedures prescribed by section 333(d) of the ‘‘(j) DEFINITIONS.—In this section: issued under subsection (b); or Energy Policy and Conservation Act of 1954 ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The ‘‘(D) a combination of the foregoing. (42 U.S.C. 6303). term ‘base amount of electricity’ means the ‘‘(b) RENEWABLE ENERGY CREDIT TRADING ‘‘(d) STATE RENEWABLE ENERGY ACCOUNT total amount of electricity sold by an elec- PROGRAM.— PROGRAM.— tric utility to electric consumers in a cal- ‘‘(1) IN GENERAL.—Not later than January ‘‘(1) IN GENERAL.—The Secretary shall es- endar year, excluding— 1, 2007, the Secretary shall establish a renew- tablish, not later than December 31, 2008, a ‘‘(A) electricity generated by a hydro- able energy credit trading program to permit State renewable energy account program. electric facility (including a pumped storage an electric utility that does not generate or ‘‘(2) DEPOSITS.—All money collected by the facility but excluding incremental hydro- purchase enough electric energy from renew- Secretary from the sale of renewable energy power); and able energy to meet its obligations under credits and the assessment of civil penalties ‘‘(B) electricity generated through the in- subsection (a)(1) to satisfy such require- under this section shall be deposited into the cineration of municipal solid waste. ments by purchasing sufficient renewable en- renewable energy account established pursu- ‘‘(2) DISTRIBUTED GENERATION FACILITY.— ergy credits. ant to this subsection. The State renewable The term ‘distributed generation facility’ ‘‘(2) ADMINISTRATION.—As part of the pro- energy account shall be held by the Sec- means a facility at a customer site. gram, the Secretary shall— retary and shall not be transferred to the ‘‘(3) EXISTING RENEWABLE ENERGY.—The ‘‘(A) issue renewable energy credits to gen- Treasury Department. term ‘existing renewable energy’ means, ex- erators of electric energy from new renew- ‘‘(3) USE.—Proceeds deposited in the State cept as provided in paragraph (7)(B), electric able energy; renewable energy account shall be used by energy generated at a facility (including a ‘‘(B) sell renewable energy credits to elec- the Secretary, subject to appropriations, for distributed generation facility) placed in tric utilities at the rate of 1.5 cents per kilo- a program to provide grants to the State service prior to January 1, 2003, from solar, watt-hour (as adjusted for inflation under agency responsible for developing State en- wind, or geothermal energy, ocean energy, subsection (g)); ergy conservation plans under section 362 of biomass (as defined in section 203(a) of the ‘‘(C) ensure that a kilowatt hour, including the Energy Policy and Conservation Act (42 Energy Policy Act of 2005), or landfill gas. the associated renewable energy credit, shall U.S.C. 6322) for the purposes of promoting re- ‘‘(4) GEOTHERMAL ENERGY.—The term ‘geo- be used only once for purposes of compliance newable energy production, including pro- thermal energy’ means energy derived from with this section; and grams that promote technologies that reduce a geothermal deposit (within the meaning of ‘‘(D) allow double credits for generation the use of electricity at customer sites such section 613(e)(2) of the Internal Revenue Code from facilities on Indian land, and triple as solar water heating. of 1986). credits for generation from small renewable ‘‘(4) ADMINISTRATION.—The Secretary may ‘‘(5) INCREMENTAL GEOTHERMAL PRODUC- distributed generators (meaning those no issue guidelines and criteria for grants TION.— larger than 1 megawatt). awarded under this subsection. State energy ‘‘(A) IN GENERAL.—The term ‘incremental ‘‘(3) DURATION.—Credits under paragraph offices receiving grants under this section geothermal production’ means for any year (2)(A) may only be used for compliance with shall maintain such records and evidence of the excess of— this section for 3 years from the date issued. compliance as the Secretary may require. ‘‘(i) the total kilowatt hours of electricity ‘‘(4) TRANSFERS.—An electric utility that ‘‘(5) PREFERENCE.—In allocating funds produced from a facility (including a distrib- holds credits in excess of the amount needed under this program, the Secretary shall give uted generation facility) using geothermal to comply with subsection (a) may transfer preference— energy; over such credits to another electric utility in the ‘‘(A) to States in regions which have a dis- ‘‘(ii) the average annual kilowatt hours same utility holding company system. proportionately small share of economically produced at such facility for 5 of the pre- ‘‘(5) EASTERN INTERCONNECT.—In the case of sustainable renewable energy generation ca- vious 7 calendar years before the date of en- a retail electric supplier that is a member of pacity; and actment of this section after eliminating the a power pool located in the Eastern Inter- ‘‘(B) to State programs to stimulate or en- highest and the lowest kilowatt hour produc- connect and that is subject to a State renew- hance innovative renewable energy tech- tion years in such 7-year period. able portfolio standard program that pro- nologies. ‘‘(B) SPECIAL RULE.—A facility described in vides for compliance primarily through the ‘‘(e) RULES.—The Secretary shall issue subparagraph (A) that was placed in service acquisition of certificates or credits in lieu rules implementing this section not later at least 7 years before the date of enactment

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4065 of this section shall commencing with the TITLE IV—GENERAL ENERGY EFFICIENCY tential for the use of energy savings perform- year in which such date of enactment occurs, PROGRAMS ance contracts to reduce energy consump- reduce the amount calculated under subpara- SEC. 401. ENERGY SAVINGS PERFORMANCE CON- tion and provide energy and cost savings in graph (A)(ii) each year, on a cumulative TRACTS. nonbuilding applications. basis, by the average percentage decrease in (a) RETENTION OF SAVINGS.—Section 546(c) (B) REQUIREMENTS.—The study under this the annual kilowatt hour production for the of the National Energy Conservation Policy subsection shall include— 7-year period described in subparagraph Act (42 U.S.C. 8256(c)) is amended by striking (i) an estimate of the potential energy and (A)(ii) with such cumulative sum not to ex- paragraph (5). cost savings to the Federal Government, in- ceed 30 percent. (b) FINANCING FLEXIBILITY.—Section cluding secondary savings and benefits, from ‘‘(6) INCREMENTAL HYDROPOWER.—The term 801(a)(2) of the National Energy Conservation increased efficiency in nonbuilding applica- ‘incremental hydropower’ means additional Policy Act (42 U.S.C. 8287(a)(2)) is amended tions; energy generated as a result of efficiency im- by adding at the end the following: (ii) an assessment of the feasibility of ex- provements or capacity additions made on or ‘‘(E) SEPARATE CONTRACTS.—In carrying tending the use of energy savings perform- after the date of enactment of this section or out a contract under this title, a Federal ance contracts to nonbuilding applications, the effective date of an existing applicable agency may— including an identification of any regulatory State renewable portfolio standard program ‘‘(i) enter into a separate contract for en- or statutory barriers to such use; and at a hydroelectric facility that was placed in ergy services and conservation measures (iii) such recommendations as the Sec- service before that date. The term does not under the contract; and retary and Secretary of Defense determine to include additional energy generated as a re- ‘‘(ii) provide all or part of the financing be appropriate. sult of operational changes not directly asso- necessary to carry out the contract.’’. SEC. 402. DEPLOYMENT OF NEW TECHNOLOGIES ciated with efficiency improvements or ca- (c) DEFINITION OF ENERGY SAVINGS.—Sec- FOR HIGH-EFFICIENCY CONSUMER pacity additions. Efficiency improvements tion 804(2) of the National Energy Conserva- PRODUCTS. (a) DEFINITIONS.—In this section: and capacity additions shall be measured on tion Policy Act (42 U.S.C. 8287c(2)) is amend- (1) ENERGY SAVINGS.—The term ‘‘energy the basis of the same water flow information ed— savings’’ means megawatt-hours of elec- used to determine a historic average annual (1) by redesignating subparagraphs (A), (B), tricity or million British thermal units of generation baseline for the hydroelectric fa- and (C) as clauses (i), (ii), and (iii), respec- natural gas saved by a product, in compari- cility and certified by the Secretary or the tively, and indenting appropriately; son to projected energy consumption under Federal Energy Regulatory Commission. (2) by striking ‘‘means a reduction’’ and in- the energy efficiency standard applicable to ‘‘(7) NEW RENEWABLE ENERGY.—The term serting ‘‘means— the product. ‘new renewable energy’ means— ‘‘(A) a reduction’’; (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— ‘‘(A) electric energy generated at a facility (3) by striking the period at the end and in- The term ‘‘high-efficiency consumer prod- (including a distributed generation facility) serting a semicolon; and uct’’ means a covered product to which an placed in service on or after January 1, 2003, (4) by adding at the end the following: energy conservation standard applies under from— ‘‘(B) the increased efficient use of an exist- section 325 of the Energy Policy and Con- ‘‘(i) solar, wind, or geothermal energy or ing energy source by cogeneration or heat servation Act (42 U.S.C. 6295), if the energy ocean energy; recovery, and installation of renewable en- efficiency of the product exceeds the energy ‘‘(ii) biomass (as defined in section 203(b) of ergy systems; efficiency required under the standard. the Energy Policy Act of 2005 (42 U.S.C. ‘‘(C) the sale or transfer of electrical or (b) FINANCIAL INCENTIVES PROGRAM.—Effec- 15852(b)); thermal energy generated on-site, but in ex- tive beginning October 1, 2006, the Secretary ‘‘(iii) landfill gas; or cess of Federal needs, to utilities or non-Fed- shall competitively award financial incen- ‘‘(iv) incremental hydropower; and eral energy users; and tives under this section for the manufacture ‘‘(B) for electric energy generated at a fa- ‘‘(D) the increased efficient use of existing of high-efficiency consumer products. cility (including a distributed generation fa- water sources in interior or exterior applica- cility) placed in service prior to the date of (c) REQUIREMENTS.— tions.’’. (1) IN GENERAL.—The Secretary shall make enactment of this section— (d) ENERGY AND COST SAVINGS IN NON- ‘‘(i) the additional energy above the aver- awards under this section to manufacturers BUILDING APPLICATIONS.— of high-efficiency consumer products, based age generation in the 3 years preceding the (1) DEFINITIONS.—In this subsection: date of enactment of this section at the fa- on the bid of each manufacturer in terms of (A) NONBUILDING APPLICATION.—The term dollars per megawatt-hour or million British cility from— ‘‘nonbuilding application’’ means— ‘‘(I) solar or wind energy or ocean energy; thermal units saved. (i) any class of vehicles, devices, or equip- (2) ACCEPTANCE OF BIDS.—In making awards ‘‘(II) biomass (as defined in section 203(b) ment that is transportable under the power of the Energy Policy Act of 2005 (42 U.S.C. under this section, the Secretary shall— of the applicable vehicle, device, or equip- (A) solicit bids for reverse auction from ap- 15852(b)); ment by land, sea, or air and that consumes ‘‘(III) landfill gas; or propriate manufacturers, as determined by energy from any fuel source for the purpose the Secretary; and ‘‘(IV) incremental hydropower. of— ‘‘(ii) incremental geothermal production. (B) award financial incentives to the man- (I) that transportation; or ufacturers that submit the lowest bids that ‘‘(8) OCEAN ENERGY.—The term ‘ocean en- (II) maintaining a controlled environment meet the requirements established by the ergy’ includes current, wave, tidal, and ther- within the vehicle, device, or equipment; and mal energy. Secretary. (ii) any federally-owned equipment used to (d) FORMS OF AWARDS.—An award for a ‘‘(k) SUNSET.—This section expires on De- generate electricity or transport water. high-efficiency consumer product under this cember 31, 2030.’’. (B) SECONDARY SAVINGS.— section shall be in the form of a lump sum (b) TABLE OF CONTENTS AMENDMENT.—The (i) IN GENERAL.—The term ‘‘secondary sav- payment in an amount equal to the product table of contents of the Public Utility Regu- ings’’ means additional energy or cost sav- obtained by multiplying— latory Policies Act of 1978 (16 U.S.C. prec. ings that are a direct consequence of the en- (1) the amount of the bid by the manufac- 2601) is amended by adding at the end of the ergy savings that result from the energy effi- turer of the high-efficiency consumer prod- items relating to title VI the following: ciency improvements that were financed and uct; and implemented pursuant to an energy savings ‘‘Sec. 610. Federal renewable portfolio stand- (2) the energy savings during the projected performance contract. ard.’’. useful life of the high-efficiency consumer (ii) INCLUSIONS.—The term ‘‘secondary sav- product, not to exceed 10 years, as deter- SEC. 302. FEDERAL REQUIREMENT TO PURCHASE ings’’ includes— mined under regulations issued by the Sec- ELECTRICITY GENERATED BY RE- (I) energy and cost savings that result NEWABLE ENERGY. retary. from a reduction in the need for fuel delivery SEC. 403. NATIONAL MEDIA CAMPAIGN TO DE- Section 203 of the Energy Policy Act of and logistical support; CREASE OIL AND NATURAL GAS 2005 (42 U.S.C. 15852) is amended by striking (II) personnel cost savings and environ- CONSUMPTION. subsection (a) and inserting the following: mental benefits; and (a) IN GENERAL.—The Secretary, acting ‘‘(a) REQUIREMENT.—The President, acting (III) in the case of electric generation through the Assistant Secretary for Energy through the Secretary, shall ensure that, of equipment, the benefits of increased effi- Efficiency and Renewable Energy (referred the total quantity of electric energy the Fed- ciency in the production of electricity, in- to in this section as the ‘‘Secretary’’), shall eral Government consumes during any fiscal cluding revenues received by the Federal develop and conduct a national media cam- year, the following amounts shall be renew- Government from the sale of electricity so paign for the purpose of decreasing oil and able energy: produced. natural gas consumption in the United ‘‘(1) Not less than 5 percent in each of fis- (2) STUDY.— States over the next decade. cal years 2008 and 2009. (A) IN GENERAL.—As soon as practicable (b) CONTRACT WITH ENTITY.—The Secretary ‘‘(2) Not less than 7.5 percent in each of fis- after the date of enactment of this Act, the shall carry out subsection (a) directly or cal years 2010 through 2012. Secretary and the Secretary of Defense shall through— ‘‘(3) Not less than 10 percent in fiscal years jointly conduct, and submit to Congress and (1) competitively bid contracts with 1 or 2013 and each fiscal year thereafter.’’. the President a report of, a study of the po- more nationally recognized media firms for

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4066 CONGRESSIONAL RECORD — SENATE May 4, 2006 the development and distribution of monthly served by an electric utility by a percentage each nonregulated gas utility shall, after no- television, radio, and newspaper public serv- of the demand baseline of the utility that is tice, conduct a public hearing on the benefits ice announcements; or equal to not less than 0.75 percent of the and feasibility of carrying out an energy effi- (2) collective agreements with 1 or more number of years during which the program is ciency resource program. nationally recognized institutes, businesses, in effect. ‘‘(B) ENERGY EFFICIENCY RESOURCE PRO- or nonprofit organizations for the funding, ‘‘(2) PUBLIC HEARINGS; DETERMINATIONS.— GRAM.—A State regulatory authority or non- development, and distribution of monthly ‘‘(A) PUBLIC HEARING.—As soon as prac- regulated utility shall carry out an energy television, radio, and newspaper public serv- ticable after the date of enactment of this efficiency resource program if, on the basis ice announcements. subsection, but not later than 3 years after of a hearing under subparagraph (A), the (c) USE OF FUNDS.— that date, each State regulatory authority State regulatory authority or nonregulated (1) IN GENERAL.—Amounts made available (with respect to each electric utility over utility determines that the program would— to carry out this section shall be used for the which the State has ratemaking authority) ‘‘(i) benefit end-use customers; following: and each nonregulated electric utility shall, ‘‘(ii) be cost-effective based on total re- (A) ADVERTISING COSTS.— after notice, conduct a public hearing on the source cost; (i) The purchase of media time and space. benefits and feasibility of carrying out an ‘‘(iii) serve the public welfare; and (ii) Creative and talent costs. energy efficiency resource program. ‘‘(iv) be feasible to carry out. (iii) Testing and evaluation of advertising. ‘‘(B) ENERGY EFFICIENCY RESOURCE PRO- ‘‘(3) IMPLEMENTATION.— (iv) Evaluation of the effectiveness of the GRAM.—A State regulatory authority or non- ‘‘(A) STATE REGULATORY AUTHORITIES.—If a media campaign. regulated utility shall carry out an energy State regulatory authority makes a deter- (v) The negotiated fees for the winning bid- efficiency resource program if, on the basis mination under paragraph (2)(B), the State der on requests from proposals issued either of a hearing under subparagraph (A), the regulatory authority shall— by the Secretary for purposes otherwise au- State regulatory authority or nonregulated ‘‘(i) require each gas utility over which the thorized in this section. utility determines that the program would— State has ratemaking authority to carry out (vi) Entertainment industry outreach, ‘‘(i) benefit end-use customers; an energy efficiency resource program; and interactive outreach, media projects and ac- ‘‘(ii) be cost-effective based on total re- ‘‘(ii) allow such a utility to recover expend- tivities, public information, news media out- source cost; itures incurred by the utility in carrying out reach, and corporate sponsorship and partici- ‘‘(iii) serve the public welfare; and the energy efficiency resource program. pation. ‘‘(iv) be feasible to carry out. ‘‘(B) NONREGULATED GAS UTILITIES.—If a (B) ADMINISTRATIVE COSTS.—Operational ‘‘(3) IMPLEMENTATION.— nonregulated gas utility makes a determina- and management expenses. ‘‘(A) STATE REGULATORY AUTHORITIES.—If a tion under paragraph (2)(B), the utility shall (2) LIMITATIONS.—In carrying out this sec- State regulatory authority makes a deter- carry out an energy efficiency resource pro- tion, the Secretary shall allocate not less mination under paragraph (2)(B), the State gram. regulatory authority shall— than 85 percent of funds made available ‘‘(4) UPDATING REGULATIONS.—A State regu- under subsection (e) for each fiscal year for ‘‘(i) require each electric utility over latory authority or nonregulated utility may the advertising functions specified under which the State has ratemaking authority to update periodically a determination under paragraph (1)(A). carry out an energy efficiency resource pro- paragraph (2)(B) to determine whether an en- gram; and (d) REPORTS.—The Secretary shall annu- ergy efficiency resource program should be— ‘‘(ii) allow such a utility to recover expend- ally submit to Congress a report that de- ‘‘(A) continued; itures incurred by the utility in carrying out scribes— ‘‘(B) modified; or the energy efficiency resource program. (1) the strategy of the national media cam- ‘‘(C) terminated. ‘‘(B) NONREGULATED ELECTRIC UTILITIES.—If paign and whether specific objectives of the ‘‘(5) EXCEPTION.—Paragraph (2) shall not a nonregulated electric utility makes a de- campaign were accomplished, including— apply to a State regulatory authority (or a termination under paragraph (2)(B), the util- (A) determinations concerning the rate of nonregulated gas utility operating in the ity shall carry out an energy efficiency re- change of oil and natural gas consumption, State) that demonstrates to the Secretary source program. in both absolute and per capita terms; and that an energy efficiency resource program ‘‘(4) UPDATING REGULATIONS.—A State regu- (B) an evaluation that enables consider- is in effect in the State.’’. ation whether the media campaign contrib- latory authority or nonregulated utility may TITLE V—ASSISTANCE TO ENERGY uted to reduction of oil and natural gas con- update periodically a determination under CONSUMERS sumption; paragraph (2)(B) to determine whether an en- (2) steps taken to ensure that the national ergy efficiency resource program should be— SEC. 501. ENERGY EMERGENCY DISASTER RELIEF media campaign operates in an effective and ‘‘(A) continued; LOANS TO SMALL BUSINESS AND AG- RICULTURAL PRODUCERS. efficient manner consistent with the overall ‘‘(B) modified; or strategy and focus of the campaign; ‘‘(C) terminated. (a) DEFINITIONS.—In this section— (3) plans to purchase advertising time and ‘‘(5) EXCEPTION.—Paragraph (2) shall not (1) the term ‘‘Administrator’’ means the space; apply to a State regulatory authority (or a Administrator of the Small Business Admin- (4) policies and practices implemented to nonregulated electric utility operating in istration; and ensure that Federal funds are used respon- the State) that demonstrates to the Sec- (2) the term ‘‘small business concern’’ has sibly to purchase advertising time and space retary that an energy efficiency resource the meaning given the term in section 3 of and eliminate the potential for waste, fraud, program is in effect in the State.’’. the Small Business Act (15 U.S.C. 632). (b) SMALL BUSINESS PRODUCER ENERGY and abuse; and (b) GAS UTILITIES.—Section 303 of the Pub- EMERGENCY DISASTER LOAN PROGRAM.— (5) all contracts or cooperative agreements lic Utilities Regulatory Policy Act of 1978 (15 (1) DISASTER LOAN AUTHORITY.—Section 7(b) entered into with a corporation, partnership, U.S.C. 3203) is amended by adding at the end of the Small Business Act (15 U.S.C. 636(b)) is or individual working on behalf of the na- the following: amended by inserting immediately after tional media campaign. ‘‘(e) ENERGY EFFICIENCY RESOURCE PRO- (e) AUTHORIZATION OF APPROPRIATIONS.— GRAMS.— paragraph (3) the following: There is authorized to be appropriated to ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(4) ENERGY DISASTER LOANS.— carry out this section $5,000,000 for each of ‘‘(A) DEMAND BASELINE.—The term ‘demand ‘‘(A) DEFINITIONS.—In this paragraph— fiscal years 2006 through 2010. baseline’ means the baseline determined by ‘‘(i) the term ‘base price index’ means the SEC. 404. ENERGY EFFICIENCY RESOURCE PRO- the Secretary for an appropriate period pre- moving average of the closing unit price on GRAMS. ceding the implementation of an energy effi- the New York Mercantile Exchange for heat- (a) ELECTRIC UTILITY PROGRAMS.—Section ciency resource program. ing oil, natural gas, gasoline, or propane for 111 of the Public Utilities Regulatory Policy ‘‘(B) ENERGY EFFICIENCY RESOURCE PRO- the 10 days that correspond to the trading Act of 1978 (16 U.S.C. 2621) is amended by add- GRAMS.—The term ‘energy efficiency re- days described in clause (ii) in each of the ing at the end the following: source program’ means an energy efficiency most recent 2 preceding years; ‘‘(e) ENERGY EFFICIENCY RESOURCE PRO- or other demand reduction program that is ‘‘(ii) the term ‘current price index’ means GRAMS.— designed to reduce annual gas consumption the moving average of the closing unit price ‘‘(1) DEFINITIONS.—In this subsection: or peak demand of consumers served by a gas on the New York Mercantile Exchange, for ‘‘(A) DEMAND BASELINE.—The term ‘demand utility by a percentage of the demand base- the 10 most recent trading days, for con- baseline’ means the baseline determined by line of the utility that is equal to not less tracts to purchase heating oil, natural gas, the Secretary for an appropriate period pre- than 0.75 percent of the number of years dur- gasoline, or propane during the subsequent ceding the implementation of an energy effi- ing which the program is in effect. calendar month, commonly known as the ciency resource program. ‘‘(2) PUBLIC HEARINGS; DETERMINATIONS.— ‘front month’; and ‘‘(B) ENERGY EFFICIENCY RESOURCE PRO- ‘‘(A) PUBLIC HEARING.—As soon as prac- ‘‘(iii) the term ‘significant increase’ GRAMS.—The term ‘energy efficiency re- ticable after the date of enactment of this means— source program’ means an energy efficiency subsection, but not later than 3 years after ‘‘(I) with respect to the price of heating oil, or other demand reduction program that is that date, each State regulatory authority natural gas, gasoline, or propane, any time designed to reduce annual electricity con- (with respect to each gas utility over which the current price index exceeds the base sumption or peak demand of consumers the State has ratemaking authority) and price index by not less than 40 percent; and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4067 ‘‘(II) with respect to the price of kerosene, 1, 2005, as the result of a significant increase of the Consolidated Farm and Rural Develop- any increase which the Administrator, in in energy costs or input costs from energy ment Act (7 U.S.C. 1961(a)), as amended by consultation with the Secretary of Energy, sources occurring on or after January 1, 2005, this section; and determines to be significant. in connection with an energy emergency de- (B) contains recommendations for ways to ‘‘(B) LOAN AUTHORITY.—The Administrator clared by the President or the Secretary’’; improve the assistance provided under such may make such loans, either directly or in (B) in the third sentence, by inserting be- section 321(a). cooperation with banks or other lending in- fore the period at the end the following: ‘‘or (f) EFFECTIVE DATE.— stitutions through agreements to participate by an energy emergency declared by the (1) SMALL BUSINESS.—The amendments on an immediate or deferred basis, to assist President or the Secretary’’; and made by subsection (b) shall apply during a small business concern that has suffered or (C) in the fourth sentence— the 4-year period beginning on the earlier of that is likely to suffer substantial economic (i) by striking ‘‘or natural disaster’’ each the date on which guidelines are published injury on or after January 1, 2005, as the re- place that term appears and inserting ‘‘, nat- by the Administrator under subsection (d)(1) sult of a significant increase in the price of ural disaster, or energy emergency’’; and or 30 days after the date of enactment of this heating oil, natural gas, gasoline, propane, (ii) by inserting ‘‘or declaration’’ after Act, with respect to assistance under section or kerosene occurring on or after January 1, ‘‘emergency designation’’. 7(b)(4) of the Small Business Act, as added by 2005. (2) FUNDING.—Funds available on the date this section. ‘‘(C) INTEREST RATE.—Any loan or guar- of enactment of this Act for emergency loans (2) AGRICULTURE.—The amendments made antee extended pursuant to this paragraph under subtitle C of the Consolidated Farm by subsection (c) shall apply during the 4- shall be made at the same interest rate as and Rural Development Act (7 U.S.C. 1961 et year period beginning on the earlier of the economic injury loans under paragraph (2). seq.) shall be available to carry out the date on which guidelines are published by ‘‘(D) MAXIMUM AMOUNT.—No loan may be amendments made by paragraph (1) to meet the Secretary of Agriculture under sub- made under this paragraph, either directly the needs resulting from natural disasters. section (d)(1) or 30 days after the date of en- or in cooperation with banks or other lend- (d) GUIDELINES AND RULEMAKING.— actment of this Act, with respect to assist- ing institutions through agreements to par- (1) GUIDELINES.—Not later than 30 days ance under section 321(a) of the Consolidated ticipate on an immediate or deferred basis, if after the date of enactment of this Act, the Farm and Rural Development Act (7 U.S.C. the total amount outstanding and com- Administrator and the Secretary of Agri- 1961(a)), as amended by this section. mitted to the borrower under this subsection culture shall each issue guidelines to carry would exceed $1,500,000, unless such borrower out subsections (b) and (c), respectively, and SEC. 502. EFFICIENT AND SAFE EQUIPMENT RE- the amendments made thereby, which guide- PLACEMENT PROGRAM FOR WEATH- constitutes a major source of employment in ERIZATION PURPOSES. its surrounding area, as determined by the lines shall become effective on the date of (a) IN GENERAL.—Part A of title IV of the Administrator, in which case the Adminis- their issuance. Energy Conservation and Production Act is trator, in the discretion of the Adminis- (2) RULEMAKING.—Not later than 30 days amended— trator, may waive the $1,500,000 limitation. after the date of enactment of this Act, the (1) by redesignating section 422 (42 U.S.C. ‘‘(E) DISASTER DECLARATION.—For purposes Administrator, after consultation with the 6872) as section 423; and of assistance under this paragraph— Secretary of Energy, shall promulgate regu- (2) by inserting after section 421 (42 U.S.C. ‘‘(i) a declaration of a disaster area based lations specifying the method for deter- on conditions specified in this paragraph mining a significant increase in the price of 6871) the following: shall be required, and shall be made by the kerosene under section 7(b)(4)(A)(iii)(II) of ‘‘SEC. 422. EFFICIENT AND SAFE EQUIPMENT RE- President or the Administrator; or the Small Business Act, as added by this sec- PLACEMENT PROGRAM FOR WEATH- ‘‘(ii) if no declaration has been made pursu- tion. ERIZATION PURPOSES. ant to clause (i), the Governor of a State in (e) REPORTS.— ‘‘(a) ESTABLISHMENT OF PROGRAM.—The which a significant increase in the price of (1) SMALL BUSINESS ADMINISTRATION.—Not Secretary shall establish, within the Weath- heating oil, natural gas, gasoline, propane, later than 12 months after the date on which erization Assistance Program, a program to or kerosene has occurred may certify to the the Administrator issues guidelines under assist in the replacement of unsafe or highly Administrator that small business concerns subsection (d)(1), and annually thereafter, inefficient heating and cooling units in low- have suffered economic injury as a result of until the date that is 12 months after the end income households. such increase and are in need of financial as- of the effective period of section 7(b)(4) of the ‘‘(b) ADMINISTRATION.— sistance which is not otherwise available on Small Business Act, as added by this section, ‘‘(1) IN GENERAL.—Except as otherwise pro- reasonable terms in that State, and upon re- the Administrator shall submit to the Com- vided in this subsection, the Secretary shall ceipt of such certification, the Adminis- mittee on Small Business and Entrepreneur- administer the program established under trator may make such loans as would have ship of the Senate and the Committee on this section in accordance with this part. been available under this paragraph if a dis- Small Business of the House of Representa- ‘‘(2) EXEMPTION FOR HIGH-EFFICIENCY HEAT- aster declaration had been issued. tives, a report on the effectiveness of the as- ING AND COOLING EQUIPMENT EXPENDITURES.— ‘‘(F) CONVERSION.—Notwithstanding any sistance made available under section 7(b)(4) Assistance for high-efficiency heating and other provision of law, loans made under this of the Small Business Act, as added by this cooling equipment under this section shall paragraph may be used by a small business section, including— be exempt from the standards established concern described in subparagraph (B) to (A) the number of small business concerns under section 413(b)(3) and from section convert from the use of heating oil, natural that applied for a loan under such section 415(c). gas, gasoline, propane, or kerosene to a re- 7(b)(4) and the number of those that received ‘‘(3) IDENTIFICATION OF HEATING AND COOL- newable or alternative energy source, includ- such loans; ING SYSTEM UPGRADES.—Assistance for sys- ing agriculture and urban waste, geothermal (B) the dollar value of those loans; tem upgrades under this section shall be energy, cogeneration, solar energy, wind en- (C) the States in which the small business based on a standard weatherization audit ergy, or fuel cells.’’. concerns that received such loans are lo- and appropriate diagnostic procedures in use (2) CONFORMING AMENDMENTS.—Section 3(k) cated; by the program. of the Small Business Act (15 U.S.C. 632(k)) is (D) the type of energy that caused the sig- ‘‘(4) WEATHERIZATION OF HOME RECEIVING amended— nificant increase in the cost for the partici- NEW HEATING OR COOLING SYSTEM.—Assistance (A) by inserting ‘‘, a significant increase in pating small business concerns; and may be perceived for a home receiving a new the price of heating oil, natural gas, gaso- (E) recommendations for ways to improve heating or cooling system under this section line, propane, or kerosene,’’ after ‘‘civil dis- the assistance provided under such section regardless of whether the home is fully orders’’; and 7(b)(4), if any. weatherized in the year that the home re- (B) by inserting ‘‘other’’ before ‘‘eco- (2) DEPARTMENT OF AGRICULTURE.—Not ceived a new heating system. nomic’’. later than 12 months after the date on which ‘‘(5) FUEL.—The Secretary shall make no (c) AGRICULTURAL PRODUCER EMERGENCY the Secretary of Agriculture issues guide- rule prohibiting a grantee from installing LOANS.— lines under subsection (d)(1), and annually high-efficiency equipment that uses a fuel (1) IN GENERAL.—Section 321(a) of the Con- thereafter, until the date that is 12 months (including a renewable fuel) most likely to solidated Farm and Rural Development Act after the end of the effective period of the result in reliable supply and the lowest prac- (7 U.S.C. 1961(a)) is amended— amendments made to section 321(a) of the ticable energy bills, regardless of the fuel (A) in the first sentence— Consolidated Farm and Rural Development previously used by the household. (i) by striking ‘‘aquaculture operations Act (7 U.S.C. 1961(a)) by this section, the Sec- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— have’’ and inserting ‘‘aquaculture operations retary shall submit to the Committee on There are authorized to be appropriated to (i) have’’; and Small Business and Entrepreneurship and the Secretary to carry out this section— (ii) by inserting before ‘‘: Provided,’’ the the Committee on Agriculture, Nutrition, ‘‘(1) $40,000,000 for fiscal year 2006; following: ‘‘, or (ii)(I) are owned or operated and Forestry of the Senate and to the Com- ‘‘(2) $50,000,000 for fiscal year 2007; and by such an applicant that is also a small mittee on Small Business and the Com- ‘‘(3) $60,000,000 for fiscal year 2008.’’. business concern (as defined in section 3 of mittee on Agriculture of the House of Rep- (b) TABLE OF CONTENTS AMENDMENT.—The the Small Business Act (15 U.S.C. 632)), and resentatives, a report that— table of contents of the Energy Conservation (II) have suffered or are likely to suffer sub- (A) describes the effectiveness of the as- and Production Act (42 U.S.C. prec. 6901) is stantial economic injury on or after January sistance made available under section 321(a) amended—

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4068 CONGRESSIONAL RECORD — SENATE May 4, 2006 (1) by redesignating the item relating to Sec. 403. Modifications of foreign tax credit SEC. 108. EXTENSION OF BUSINESS SOLAR IN- section 422 as an item relating to section 423; rules applicable to large inte- VESTMENT TAX CREDIT. and grated oil companies which are Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) (2) by inserting after the item relating to dual capacity taxpayers. (relating to termination) are each amended section 421 the following: TITLE I—EXTENSION OF INCENTIVES by striking ‘‘2008’’ and inserting ‘‘2011’’. SEC. 109. EXTENSION OF ALTERNATIVE FUEL EX- ‘‘Sec. 422. Efficient and safe equipment pro- SEC. 101. EXTENSION OF CREDIT FOR ELEC- CISE TAX PROVISIONS, INCOME TAX TRICITY PRODUCED FROM CERTAIN gram.’’. CREDITS, AND TARIFF DUTIES. RENEWABLE RESOURCES. S. 2748 (a) BIODIESEL.—Sections 40A(g), 6426(c)(6), Section 45(d) (relating to qualified facili- Be it enacted by the Senate and House of Rep- ties) is amended by striking ‘‘2008’’ each and 6427(e)(5)(B) are each amended by strik- resentatives of the United States of America in place it appears and inserting ‘‘2011’’. ing ‘‘2008’’ and inserting ‘‘2010’’. (b) ALTERNATIVE FUEL.— Congress assembled, SEC. 102. EXTENSION AND EXPANSION OF CREDIT (1) FUELS.—Sections 6426(d)(4) and SECTION 1. SHORT TITLE; AMENDMENT OF CODE; TO HOLDERS OF CLEAN RENEWABLE TABLE OF CONTENTS. ENERGY BONDS. 6427(e)(5)(C) are each amended by striking ‘‘September 30, 2009’’ and inserting ‘‘Decem- (a) SHORT TITLE.—This Act may be cited as (a) IN GENERAL.—Section 54(m) (relating to the ‘‘Enhanced Energy Security Tax Incen- termination) is amended by striking ‘‘2007’’ ber 31, 2010’’. tives Act of 2006’’. and inserting ‘‘2010’’. (2) REFUELING PROPERTY.—Section 30C(g) is amended by striking ‘‘2009’’ and inserting (b) AMENDMENT OF 1986 CODE.—Except as (b) ANNUAL VOLUME CAP FOR BONDS ISSUED otherwise expressly provided, whenever in DURING EXTENSION PERIOD.—Paragraph (1) of ‘‘2010’’. (c) ETHANOL TARIFF SCHEDULE.—Headings this Act an amendment or repeal is ex- section 54(f) (relating to limitation on 9901.00.50 and 9901.00.52 of the Harmonized pressed in terms of an amendment to, or re- amount of bonds designated) is amended to Tariff Schedule of the United States (19 peal of, a section or other provision, the ref- read as follows: U.S.C. 3007) are each amended in the effec- erence shall be considered to be made to a ‘‘(1) NATIONAL LIMITATION.— tive period column by striking ‘‘10/1/2007’’ section or other provision of the Internal ‘‘(A) INITIAL NATIONAL LIMITATION.—With each place it appears and inserting ‘‘1/1/2011’’. Revenue Code of 1986. respect to bonds issued after December 31, 2005, and before January 1, 2008, there is a na- (d) EFFECTIVE DATE.—The amendments (c) TABLE OF CONTENTS.—The table of con- tional clean renewable energy bond limita- made by this section shall take effect on tents for this Act is as follows: tion of $800,000,000. January 1, 2007. Sec. 1. Short title; amendment of Code; ‘‘(B) ANNUAL NATIONAL LIMITATION.—With SEC. 110. EXTENSION OF FULL CREDIT FOR table of contents. respect to bonds issued after December 31, QUALIFIED ELECTRIC VEHICLES. TITLE I—EXTENSION OF INCENTIVES 2007, and before January 1, 2011, there is a na- (a) IN GENERAL.—Section 30(e) is amended by striking ‘‘2006’’ and inserting ‘‘2010’’. Sec. 101. Extension of credit for electricity tional clean renewable energy bond limita- (b) REPEAL OF PHASEOUT.—Section 30(b) produced from certain renew- tion for each calendar year of $800,000,000.’’. (relating to limitations) is amended by strik- able resources. (c) EFFECTIVE DATE.—The amendments ing paragraph (2) and by redesignating para- Sec. 102. Extension and expansion of credit made by this section shall apply to bonds graph (3) as paragraph (2). to holders of clean renewable issued after the date of the enactment of this (c) CREDIT ALLOWABLE AGAINST ALTER- energy bonds. Act. SEC. 103. EXTENSION OF ENERGY EFFICIENT NATIVE MINIMUM TAX.—Paragraph (2) of sec- Sec. 103. Extension of energy efficient com- tion 30(b), as redesignated by subsection (b), mercial buildings deduction. COMMERCIAL BUILDINGS DEDUC- TION. is amended to read as follows: Sec. 104. Extension and expansion of new en- Section 179D(h) (relating to termination) is ‘‘(2) APPLICATION WITH OTHER CREDITS.—The ergy efficient home credit. amended by striking ‘‘2007’’ and inserting credit allowed by subsection (a) for any tax- Sec. 105. Extension of nonbusiness energy ‘‘2010’’. able year shall not exceed the excess (if any) property credit. SEC. 104. EXTENSION AND EXPANSION OF NEW of— Sec. 106. Extension of residential energy ef- ENERGY EFFICIENT HOME CREDIT. ‘‘(A) the sum of the regular tax for the tax- ficient property credit. (a) EXTENSION.—Section 45L(g) (relating to able year plus the tax imposed by section 55, Sec. 107. Extension of credit for business in- termination) is amended by striking ‘‘2007’’ over stallation of qualified fuel cells and inserting ‘‘2010’’. ‘‘(B) the sum of the credits allowable under and stationary microturbine (b) INCLUSION OF 30 PERCENT HOMES.— subpart A and section 27.’’. power plants. (1) IN GENERAL.—Section 45L(c) (relating to (d) EFFECTIVE DATE.—The amendments Sec. 108. Extension of business solar invest- energy saving requirements) is amended— made by this section shall apply to taxable ment tax credit. (A) by striking ‘‘or’’ at the end of para- years beginning after December 31, 2005. Sec. 109. Extension of alternative fuel excise graph (2), TITLE II—INCENTIVES FOR ALTERNATIVE tax provisions, income tax cred- (B) by redesignating paragraph (3) as para- FUEL VEHICLES its, and tariff duties. graph (4), and Sec. 110. Extension of full credit for quali- (C) by inserting after paragraph (2) the fol- SEC. 201. CONSUMER INCENTIVES TO PURCHASE ADVANCED TECHNOLOGY VEHICLES. fied electric vehicles. lowing new paragraph: (a) ELIMINATION ON NUMBER OF NEW QUALI- ‘‘(3) certified— TITLE II—INCENTIVES FOR FIED HYBRID AND ADVANCED LEAN BURN TECH- ‘‘(A) to have a level of annual heating and ALTERNATIVE FUEL VEHICLES NOLOGY VEHICLES ELIGIBLE FOR ALTERNATIVE cooling energy consumption which is at least Sec. 201. Consumer incentives to purchase MOTOR VEHICLE CREDIT.— 30 percent below the annual level described advanced technology vehicles. (1) IN GENERAL.—Section 30B is amended by in paragraph (1), and Sec. 202. Advanced technology motor vehi- striking subsection (f) and by redesignating ‘‘(B) to have building envelope component cles manufacturing credit. subsections (g) through (j) as subsections (f) improvements account for at least 1⁄3 of such Sec. 203. Tax incentives for private fleets. through (i), respectively. 30 percent, or’’. Sec. 204. Modification of alternative vehicle (2) CONFORMING AMENDMENTS.— (2) APPLICABLE AMOUNT OF CREDIT.—Section refueling property credit. (A) Paragraphs (4) and (6) of section 30B(h) 45L(a)(2) is amended by striking ‘‘paragraph Sec. 205. Inclusion of heavy vehicles in limi- are each amended by striking ‘‘(determined (3)’’ and inserting ‘‘paragraph (3) or (4)’’. tation on depreciation of cer- without regard to subsection (g))’’ and in- (3) EFFECTIVE DATE.—The amendments tain luxury automobiles. serting ‘‘determined without regard to sub- made by this subsection shall apply to quali- Sec. 206. Idling reduction tax credit. section (f))’’. fied new energy efficient homes acquired (B) Section 38(b)(25) is amended by striking TITLE III—ADDITIONAL INCENTIVES after the date of the enactment of this Act. Sec. 301. Energy credit for combined heat ‘‘section 30B(g)(1)’’ and inserting ‘‘section SEC. 105. EXTENSION OF NONBUSINESS ENERGY 30B(f)(1)’’. and power system property. PROPERTY CREDIT. (C) Section 55(c)(2) is amended by striking Sec. 302. Three-year applicable recovery pe- Section 25C(g) (relating to termination) is ‘‘section 30B(g)(2)’’ and inserting ‘‘section riod for depreciation of quali- amended by striking ‘‘2007’’ and inserting fied energy management de- ‘‘2010’’. 30B(f)(2)’’. (D) Section 1016(a)(36) is amended by strik- vices. SEC. 106. EXTENSION OF RESIDENTIAL ENERGY ing ‘‘section 30B(h)(4)’’ and inserting ‘‘sec- Sec. 303. Three-year applicable recovery pe- EFFICIENT PROPERTY CREDIT. riod for depreciation of quali- Section 25D(g) (relating to termination) is tion 30B(g)(4)’’. fied water submetering devices. amended by striking ‘‘2007’’ and inserting (E) Section 6501(m) is amended by striking ‘‘section 30B(h)(9)’’ and inserting ‘‘section TITLE IV—REVENUE PROVISIONS ‘‘2010’’. SEC. 107. EXTENSION OF CREDIT FOR BUSINESS 30B(g)(9)’’. Sec. 401. Revaluation of LIFO inventories of INSTALLATION OF QUALIFIED FUEL (b) EXTENSION OF ALTERNATIVE VEHICLE large integrated oil companies. CELLS AND STATIONARY MICROTUR- CREDIT FOR NEW QUALIFIED HYBRID MOTOR Sec. 402. Elimination of amortization of geo- BINE POWER PLANTS. VEHICLES.—Paragraph (3) of section 30B(i) (as logical and geophysical expend- Sections 48(c)(1)(E) and 48(c)(2)(E) (relating redesignated by subsection (a)) is amended itures for major integrated oil to termination) are each amended by strik- by striking ‘‘December 31, 2009’’ and insert- companies. ing ‘‘2007’’ and inserting ‘‘2010’’. ing ‘‘December 31, 2010’’.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4069

(c) EFFECTIVE DATE.—The amendments ‘‘(i) hydraulic accumulator vessel, mining the credit under section 41 for such made by this section shall apply to property ‘‘(ii) hydraulic pump, or taxable year. placed in service after December 31, 2005, in ‘‘(iii) hydraulic pump-motor assembly, ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- taxable years ending after such date. ‘‘(C) with respect to any new advanced lean MINING BASE PERIOD RESEARCH EXPENSES.— SEC. 202. ADVANCED TECHNOLOGY MOTOR VEHI- burn technology motor vehicle— Any amounts described in subsection CLES MANUFACTURING CREDIT. ‘‘(i) diesel engine, (b)(1)(C) taken into account in determining (a) IN GENERAL.—Subpart B of part IV of ‘‘(ii) turbocharger, the amount of the credit under subsection (a) subchapter A of chapter 1 (relating to foreign ‘‘(iii) fuel injection system, or for any taxable year which are qualified re- tax credit, etc.) is amended by adding at the ‘‘(iv) after-treatment system, such as a search expenses (within the meaning of sec- end the following new section: particle filter or NOx absorber, and tion 41(b)) shall be taken into account in de- ‘‘SEC. 30D. ADVANCED TECHNOLOGY MOTOR VE- ‘‘(D) with respect to any advanced tech- termining base period research expenses for HICLES MANUFACTURING CREDIT. nology motor vehicle, any other component purposes of applying section 41 to subsequent ‘‘(a) CREDIT ALLOWED.—There shall be al- submitted for approval by the Secretary. taxable years. lowed as a credit against the tax imposed by ‘‘(3) ELECTRIC DRIVE TRANSPORTATION TECH- ‘‘(i) BUSINESS CARRYOVERS ALLOWED.—If this chapter for the taxable year an amount NOLOGY.—The term ‘electric drive transpor- the credit allowable under subsection (a) for equal to 35 percent of so much of the quali- tation technology’ means technology used by a taxable year exceeds the limitation under fied investment of an eligible taxpayer for vehicles that use an electric motor for all or subsection (f) for such taxable year, such ex- such taxable year as does not exceed part of their motive power and that may or cess (to the extent of the credit allowable $75,000,000. may not use off-board electricity, such as with respect to property subject to the al- ‘‘(b) QUALIFIED INVESTMENT.—For purposes lowance for depreciation) shall be allowed as of this section— battery electric vehicles, fuel cell vehicles, engine dominant hybrid electric vehicles, a credit carryback and carryforward under ‘‘(1) IN GENERAL.—The qualified investment plug-in hybrid electric vehicles, and plug-in rules similar to the rules of section 39. for any taxable year is equal to the incre- ‘‘(j) SPECIAL RULES.—For purposes of this mental costs incurred during such taxable hybrid fuel cell vehicles. ‘‘(d) ENGINEERING INTEGRATION COSTS.—For section, rules similar to the rules of section year— purposes of subsection (b)(1)(B), costs for en- 179A(e)(4) and paragraphs (1) and (2) of sec- ‘‘(A) to re-equip, expand, or establish any gineering integration are costs incurred tion 41(f) shall apply manufacturing facility in the United States prior to the market introduction of advanced ‘‘(k) ELECTION NOT TO TAKE CREDIT.—No of the eligible taxpayer to produce advanced technology vehicles for engineering tasks re- credit shall be allowed under subsection (a) technology motor vehicles or to produce eli- lated to— for any property if the taxpayer elects not to gible components, ‘‘(1) establishing functional, structural, have this section apply to such property. ‘‘(B) for engineering integration performed and performance requirements for compo- ‘‘(l) REGULATIONS.—The Secretary shall in the United States of such vehicles and nent and subsystems to meet overall vehicle prescribe such regulations as necessary to carry out the provisions of this section. components as described in subsection (d), objectives for a specific application, ‘‘(m) TERMINATION.—This section shall not ‘‘(C) for research and development per- ‘‘(2) designing interfaces for components formed in the United States related to ad- apply to any qualified investment after De- and subsystems with mating systems within cember 31, 2010.’’. vanced technology motor vehicles and eligi- a specific vehicle application, ble components, and (b) CONFORMING AMENDMENTS.— ‘‘(3) designing cost effective, efficient, and (1) Section 1016(a) is amended by striking ‘‘(D) for employee retraining with respect reliable manufacturing processes to produce to the manufacturing of such vehicles or ‘‘and’’ at the end of paragraph (36), by strik- components and subsystems for a specific ve- ing the period at the end of paragraph (37) components (determined without regard to hicle application, and wages or salaries of such retrained employ- and inserting ‘‘, and’’, and by adding at the ‘‘(4) validating functionality and perform- end the following new paragraph: ees). ance of components and subsystems for a ‘‘(2) ATTRIBUTION RULES.—In the event a fa- ‘‘(38) to the extent provided in section specific vehicle application. 30D(g).’’. cility of the eligible taxpayer produces both LIGIBLE TAXPAYER.—For purposes of ‘‘(e) E (2) Section 6501(m) is amended by inserting advanced technology motor vehicles and this section, the term ‘eligible taxpayer’ ‘‘30D(k),’’ after ‘‘30C(e)(5),’’. conventional motor vehicles, or eligible and means any taxpayer if more than 50 percent (3) The table of sections for subpart B of non-eligible components, only the qualified of its gross receipts for the taxable year is part IV of subchapter A of chapter 1 is investment attributable to production of ad- derived from the manufacture of motor vehi- amended by inserting after the item relating vanced technology motor vehicles and eligi- cles or any component parts of such vehicles. to section 30C the following new item: ble components shall be taken into account. ‘‘(f) LIMITATION BASED ON AMOUNT OF ‘‘(c) ADVANCED TECHNOLOGY MOTOR VEHI- TAX.—The credit allowed under subsection ‘‘Sec. 30D. Advanced technology motor vehi- CLES AND ELIGIBLE COMPONENTS.—For pur- (a) for the taxable year shall not exceed the cles manufacturing credit.’’. poses of this section— excess of— (c) EFFECTIVE DATE.—The amendments ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- ‘‘(1) the sum of— made by this section shall apply to amounts CLE.—The term ‘advanced technology motor ‘‘(A) the regular tax liability (as defined in incurred in taxable years beginning after De- vehicle’ means— section 26(b)) for such taxable year, plus cember 31, 2005. ‘‘(A) any qualified electric vehicle (as de- ‘‘(B) the tax imposed by section 55 for such SEC. 203. TAX INCENTIVES FOR PRIVATE FLEETS. fined in section 30(c)(1)), taxable year and any prior taxable year be- (a) IN GENERAL.—Subpart E of part IV of ‘‘(B) any new qualified fuel cell motor ve- ginning after 1986 and not taken into ac- subchapter A of chapter 1 is amended by in- hicle (as defined in section 30B(b)(3)), count under section 53 for any prior taxable serting after section 48B the following new ‘‘(C) any new advanced lean burn tech- year, over section: nology motor vehicle (as defined in section ‘‘(2) the sum of the credits allowable under ‘‘SEC. 48C. FUEL-EFFICIENT FLEET CREDIT. 30B(c)(3)), subpart A and sections 27, 30, and 30B for the ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(D) any new qualified hybrid motor vehi- taxable year. tion 46, the fuel-efficient fleet credit for any cle (as defined in section 30B(d)(2)(A) and de- ‘‘(g) REDUCTION IN BASIS.—For purposes of taxable year is 15 percent of the qualified termined without regard to any gross vehicle this subtitle, if a credit is allowed under this fuel-efficient vehicle investment amount of weight rating), section for any expenditure with respect to an eligible taxpayer for such taxable year. ‘‘(E) any new qualified alternative fuel any property, the increase in the basis of ‘‘(b) VEHICLE PURCHASE REQUIREMENT.—In motor vehicle (as defined in section 30B(e)(4), such property which would (but for this the case of any eligible taxpayer which including any mixed-fuel vehicle (as defined paragraph) result from such expenditure places less than 10 qualified fuel-efficient ve- in section 30B(e)(5)(B)), and shall be reduced by the amount of the credit hicles in service during the taxable year, the ‘‘(F) any other motor vehicle using electric so allowed. qualified fuel-efficient vehicle investment drive transportation technology (as defined ‘‘(h) NO DOUBLE BENEFIT.— amount shall be zero. in paragraph (3)). ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS ‘‘(c) QUALIFIED FUEL-EFFICIENT VEHICLE IN- ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- AND CREDITS.—Except as provided in para- VESTMENT AMOUNT.—For purposes of this sec- gible component’ means any component in- graph (2), the amount of any deduction or tion— herent to any advanced technology motor other credit allowable under this chapter for ‘‘(1) IN GENERAL.—The term ‘qualified fuel- vehicle, including— any cost taken into account in determining efficient vehicle investment amount’ means ‘‘(A) with respect to any gasoline or diesel- the amount of the credit under subsection (a) the basis of any qualified fuel-efficient vehi- electric new qualified hybrid motor vehicle— shall be reduced by the amount of such cred- cle placed in service by an eligible taxpayer ‘‘(i) electric motor or generator, it attributable to such cost. during the taxable year. ‘‘(ii) power split device, ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— ‘‘(2) QUALIFIED FUEL-EFFICIENT VEHICLE.— ‘‘(iii) power control unit, ‘‘(A) IN GENERAL.—Except as provided in The term ‘qualified fuel-efficient vehicle’ ‘‘(iv) power controls, subparagraph (B), any amount described in means an automobile which has a fuel econ- ‘‘(v) integrated starter generator, or subsection (b)(1)(C) taken into account in de- omy which is at least 125 percent greater ‘‘(vi) battery, termining the amount of the credit under than the average fuel economy standard for ‘‘(B) with respect to any hydraulic new subsection (a) for any taxable year shall not an automobile of the same class and model qualified hybrid motor vehicle— be taken into account for purposes of deter- year.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4070 CONGRESSIONAL RECORD — SENATE May 4, 2006

‘‘(3) OTHER TERMS.—The terms ‘auto- ‘‘SEC. 45N. IDLING REDUCTION CREDIT. amended by inserting after the item relating mobile’, ‘average fuel economy standard’, ‘‘(a) GENERAL RULE.—For purposes of sec- to section 45M the following new item: ‘fuel economy’, and ‘model year’ have the tion 38, the idling reduction tax credit deter- ‘‘Sec. 45N. Idling reduction credit’’. meanings given to such terms under section mined under this section for the taxable year (2) Section 1016(a), as amended by this Act, 32901 of title 49, United States Code. is an amount equal to 25 percent of the is amended by striking ‘‘and’’ at the end of ‘‘(d) ELIGIBLE TAXPAYER.—The term ‘eligi- amount paid or incurred for each qualifying paragraph (37), by striking the period at the ble taxpayer’ means, with respect to any tax- idling reduction device placed in service by end of paragraph (38) and inserting ‘‘, and’’, able year, a taxpayer who owns a fleet of 100 the taxpayer during the taxable year. and by adding at the end the following: or more vehicles which are used in the trade ‘‘(b) LIMITATION.—The maximum amount ‘‘(39) in the case of a facility with respect or business of the taxpayer on the first day allowed as a credit under subsection (a) shall to which a credit was allowed under section of such taxable year. not exceed $1,000 per device. 45N, to the extent provided in section ‘‘(e) TERMINATION.—This section shall not ‘‘(c) DEFINITIONS.—For purposes of sub- 45N(d)(A).’’. apply to any vehicle placed in service after section (a)— (3) Section 6501(m) is amended by inserting December 31, 2010.’’. ‘‘(1) QUALIFYING IDLING REDUCTION DE- ‘‘45N(e),’’ after ‘‘45D(c)(4),’’. (b) CREDIT TREATED AS PART OF INVEST- VICE.—The term ‘qualifying idling reduction (d) EFFECTIVE DATE.—The amendments MENT CREDIT.—Section 46 is amended by device’ means any device or system of de- made by this section shall apply to taxable striking ‘‘and’’ at the end of paragraph (3), vices that— years beginning after December 31, 2006. by striking the period at the end of para- ‘‘(A) is installed on a heavy-duty diesel- (e) DETERMINATION OF CERTIFICATION graph (4) and inserting ‘‘, and’’, and by add- powered on-highway vehicle, STANDARDS BY SECRETARY OF ENERGY FOR ing at the end the following new paragraph: ‘‘(B) is designed to provide to such vehicle CERTIFYING IDLING REDUCTION DEVICES.—Not ‘‘(5) the fuel-efficient fleet credit.’’. those services (such as heat, air condi- later than 6 months after the date of the en- (c) CONFORMING AMENDMENTS.— tioning, or electricity) that would otherwise actment of this Act and in order to reduce (1) Section 49(a)(1)(C) is amended by strik- require the operation of the main drive en- air pollution and fuel consumption, the Sec- ing ‘‘and’’ at the end of clause (iii), by strik- gine while the vehicle is temporarily parked retary of Energy, in consultation with the ing the period at the end of clause (iv) and or remains stationary, Administrator of the Environmental Protec- inserting ‘‘, and’’, and by adding at the end ‘‘(C) the original use of which commences tion Agency and the Secretary of Transpor- tation, shall publish the standards under the following new clause: with the taxpayer, which the Secretary, in consultation with ‘‘(v) the basis of any qualified fuel-efficient ‘‘(D) is acquired for use by the taxpayer the Administrator of the Environmental vehicle which is taken into account under and not for resale, and Protection Agency and the Secretary of section 48C.’’. ‘‘(E) is certified by the Secretary of En- Transportation, will, for purposes of section (2) The table of sections for subpart E of ergy, in consultation with the Administrator part IV of subchapter A of chapter 1 is 45N of the Internal Revenue Code of 1986 (as of the Environmental Protection Agency and added by this section), certify the idling re- amended by inserting after the item relating the Secretary of Transportation, to reduce to section 48 the following new item: duction devices which will reduce long-dura- long-duration idling of such vehicle at a tion idling of vehicles at motor vehicle rest ‘‘Sec. 48C. Fuel-efficient fleet credit.’’. motor vehicle rest stop or other location stops or other locations where such vehicles (d) EFFECTIVE DATE.—The amendments where such vehicles are temporarily parked are temporarily parked or remain stationary made by this section shall apply to periods or remain stationary. in order to reduce air pollution and fuel con- after December 31, 2005, in taxable years end- ‘‘(2) HEAVY-DUTY DIESEL-POWERED ON-HIGH- sumption. ing after such date, under rules similar to WAY VEHICLE.—The term ‘heavy-duty diesel- TITLE III—ADDITIONAL INCENTIVES the rules of section 48(m) of the Internal powered on-highway vehicle’ means any ve- Revenue Code of 1986 (as in effect on the day hicle, machine, tractor, trailer, or semi- SEC. 301. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY. before the date of the enactment of the Rev- trailer propelled or drawn by mechanical (a) IN GENERAL.—Section 48(a)(3)(A) (defin- enue Reconciliation Act of 1990). power and used upon the highways in the ing energy property) is by striking ‘‘or’’ at SEC. 204. MODIFICATION OF ALTERNATIVE VEHI- transportation of passengers or property, or the end of clause (iii), by inserting ‘‘or’’ at CLE REFUELING PROPERTY CREDIT. any combination thereof determined by the the end of clause (iv), and by adding at the (a) INCREASE IN CREDIT AMOUNT.—Sub- Federal Highway Administration. end the following new clause: section (a) of section 30C is amended by ‘‘(3) LONG-DURATION IDLING.—The term ‘‘(v) combined heat and power system prop- striking ‘‘30 percent’’ and inserting ‘‘50 per- ‘long-duration idling’ means the operation of erty,’’. cent’’. a main drive engine, for a period greater (b) COMBINED HEAT AND POWER SYSTEM (b) CREDIT ALLOWABLE AGAINST ALTER- than 15 consecutive minutes, where the main PROPERTY.—Section 48 is amended by adding NATIVE MINIMUM TAX.—Paragraph (2) of sec- drive engine is not engaged in gear. Such at the end the following new subsection: tion 30C is amended to read as follows: term does not apply to routine stoppages as- ‘‘(d) COMBINED HEAT AND POWER SYSTEM ‘‘(2) PERSONAL CREDIT.—The credit allowed sociated with traffic movement or conges- PROPERTY.—For purposes of subsection under subsection (a) (after the application of tion. (a)(3)(A)(v)— paragraph (1)) for any taxable year shall not ‘‘(d) NO DOUBLE BENEFIT.—For purposes of ‘‘(1) COMBINED HEAT AND POWER SYSTEM exceed the excess (if any) of— this section— PROPERTY.—The term ‘combined heat and ‘‘(A) the sum of the regular tax for the tax- ‘‘(1) REDUCTION IN BASIS.—If a credit is de- power system property’ means property com- able year plus the tax imposed by section 55, termined under this section with respect to prising a system— over any property by reason of expenditures de- ‘‘(A) which uses the same energy source for ‘‘(B) the sum of the credits allowable under scribed in subsection (a), the basis of such the simultaneous or sequential generation of subpart A and sections 27, 30, and 30B.’’. property shall be reduced by the amount of electrical power, mechanical shaft power, or (c) EFFECTIVE DATE.—The amendments the credit so determined. both, in combination with the generation of made by this section shall apply to taxable ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No steam or other forms of useful thermal en- years beginning after December 31, 2005. deduction or credit shall be allowed under ergy (including heating and cooling applica- SEC. 205. INCLUSION OF HEAVY VEHICLES IN any other provision of this chapter with re- tions), LIMITATION ON DEPRECIATION OF spect to the amount of the credit determined ‘‘(B) which has an electrical capacity of CERTAIN LUXURY AUTOMOBILES. under this section. not more than 15 megawatts or a mechanical (a) IN GENERAL.—Section 280F(d)(5)(A) (de- ‘‘(e) ELECTION NOT TO CLAIM CREDIT.—This energy capacity of not more than 2,000 horse- fining passenger automobile) is amended— section shall not apply to a taxpayer for any power or an equivalent combination of elec- (1) by striking clause (ii) and inserting the taxable year if such taxpayer elects to have trical and mechanical energy capacities, following new clause: this section not apply for such taxable year. ‘‘(C) which produces— ‘‘(ii)(I) which is rated at 6,000 pounds un- ‘‘(f) TERMINATION.—This section shall not ‘‘(i) at least 20 percent of its total useful loaded gross vehicle weight or less, or apply to any property placed in service after energy in the form of thermal energy which ‘‘(II) which is rated at more than 6,000 December 31, 2010.’’. is not used to produce electrical or mechan- pounds but not more than 14,000 pounds gross (b) CREDIT TO BE PART OF GENERAL BUSI- ical power (or combination thereof), and vehicle weight.’’, NESS CREDIT.—Subsection (b) of section 38 ‘‘(ii) at least 20 percent of its total useful (2) by striking ‘‘clause (ii)’’ in the second (relating to general business credit) is energy in the form of electrical or mechan- sentence and inserting ‘‘clause (ii)(I)’’. amended by striking ‘‘and’’ at the end of ical power (or combination thereof), (b) EFFECTIVE DATE.—The amendments paragraph (29), by striking the period at the ‘‘(D) the energy efficiency percentage of made by this section shall apply to property end of paragraph (30) and inserting ‘‘, plus’’ , which exceeds 60 percent, and placed in service after the date of the enact- and by adding at the end the following new ‘‘(E) which is placed in service before Janu- ment of this Act. paragraph: ary 1, 2011. SEC. 206. IDLING REDUCTION TAX CREDIT. ‘‘(31) the idling reduction tax credit deter- ‘‘(2) SPECIAL RULES.— (a) IN GENERAL.—Subpart D of part IV of mined under section 45N(a).’’. ‘‘(A) ENERGY EFFICIENCY PERCENTAGE.—For subchapter A of chapter 1 (relating to busi- (c) CONFORMING AMENDMENTS.— purposes of this subsection, the energy effi- ness-related credits) is amended by adding at (1) The table of sections for subpart D of ciency percentage of a system is the frac- the end the following new section: part IV of subchapter A of chapter 1 is tion—

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4071

‘‘(i) the numerator of which is the total ‘‘(ii) to provide such data on at least a (2) BARREL-OF-OIL EQUIVALENT.—The term useful electrical, thermal, and mechanical monthly basis to both consumers and the ‘‘barrel-of-oil equivalent’’ has the meaning power produced by the system at normal op- taxpayer.’’. given such term by section 29(d)(5) (as in ef- erating rates, and expected to be consumed (c) EFFECTIVE DATE.—The amendments fect before its redesignation by the Energy in its normal application, and made by this section shall apply to property Tax Incentives Act of 2005). ‘‘(ii) the denominator of which is the high- placed in service after the date of the enact- (c) APPLICATION OF REQUIREMENT.— er heating value of the primary fuel sources ment of this Act, in taxable years ending (1) NO CHANGE IN METHOD OF ACCOUNTING.— for the system. after such date. Any adjustment required by this section ‘‘(B) DETERMINATIONS MADE ON BTU BASIS.— SEC. 303. THREE-YEAR APPLICABLE RECOVERY shall not be treated as a change in method of The energy efficiency percentage and the PERIOD FOR DEPRECIATION OF accounting. percentages under paragraph (1)(C) shall be QUALIFIED WATER SUBMETERING (2) UNDERPAYMENTS OF ESTIMATED TAX.—No determined on a Btu basis. DEVICES. addition to the tax shall be made under sec- ‘‘(C) INPUT AND OUTPUT PROPERTY NOT IN- (a) IN GENERAL.—Section 168(e)(3)(A) (de- tion 6655 of the Internal Revenue Code of 1986 CLUDED.—The term ‘combined heat and fining 3-year property), as amended by this (relating to failure by corporation to pay es- power system property’ does not include Act, is amended by striking ‘‘and’’ at the end timated tax) with respect to any under- property used to transport the energy source of clause (iii), by striking the period at the payment of an installment required to be to the facility or to distribute energy pro- end of clause (iv) and inserting ‘‘, and’’, and paid with respect to the taxable year de- duced by the facility. by adding at the end the following new scribed in subsection (a) to the extent such ‘‘(D) CERTAIN EXCEPTION NOT TO APPLY.— clause: underpayment was created or increased by The first sentence of the matter in sub- ‘‘(v) any qualified water submetering de- this section. section (a)(3) which follows subparagraph (D) vice.’’. (d) APPLICABLE INTEGRATED OIL COM- thereof shall not apply to combined heat and (b) DEFINITION OF QUALIFIED WATER SUB- PANY.—For purposes of this section, the term power system property. METERING DEVICE.—Section 168(i) (relating to ‘‘applicable integrated oil company’’ means ‘‘(3) SYSTEMS USING BAGASSE.—If a system definitions and special rules), as amended by an integrated oil company (as defined in sec- is designed to use bagasse for at least 90 per- this Act, is amended by inserting at the end tion 291(b)(4) of the Internal Revenue Code of cent of the energy source— the following new paragraph: 1986) which has an average daily worldwide ‘‘(A) paragraph (1)(D) shall not apply, but ‘‘(19) QUALIFIED WATER SUBMETERING DE- production of crude oil of at least 500,000 bar- ‘‘(B) the amount of credit determined VICE.— rels for the taxable year and which had gross under subsection (a) with respect to such ‘‘(A) IN GENERAL.—The term ‘qualified receipts in excess of $1,000,000,000 for its last system shall not exceed the amount which water submetering device’ means any water taxable year ending during calendar year bears the same ratio to such amount of cred- submetering device which is placed in serv- 2005. For purposes of this subsection all per- it (determined without regard to this para- ice before January 1, 2011, by a taxpayer who sons treated as a single employer under sub- graph) as the energy efficiency percentage of is an eligible resupplier with respect to the sections (a) and (b) of section 52 of the Inter- such system bears to 60 percent. unit for which the device is placed in service. nal Revenue Code of 1986 shall be treated as ‘‘(4) NONAPPLICATION OF CERTAIN RULES.— ‘‘(B) WATER SUBMETERING DEVICE.—For pur- 1 person and, in the case of a short taxable For purposes of determining if the term poses of this paragraph, the term ‘water sub- year, the rule under section 448(c)(3)(B) shall ‘combined heat and power system property’ metering device’ means any submetering de- apply. includes technologies which generate elec- vice which is used by the taxpayer— SEC. 402. ELIMINATION OF AMORTIZATION OF tricity or mechanical power using back-pres- ‘‘(i) to measure and record water usage GEOLOGICAL AND GEOPHYSICAL EX- sure steam turbines in place of existing pres- data, and PENDITURES FOR MAJOR INTE- sure-reducing valves or which make use of ‘‘(ii) to provide such data on at least a GRATED OIL COMPANIES. waste heat from industrial processes such as monthly basis to both consumers and the (a) IN GENERAL.—Section 167(h) is amended by using organic rankin, stirling, or kalina taxpayer. by adding at the end the following new para- heat engine systems, paragraph (1) shall be ‘‘(C) ELIGIBLE RESUPPLIER.—For purposes graph: applied without regard to subparagraphs (C) of subparagraph (A), the term ‘eligible resup- ‘‘(5) NONAPPLICATION TO MAJOR INTEGRATED and (D) thereof .’’. plier’ means any taxpayer who purchases and OIL COMPANIES.—This subsection shall not (c) EFFECTIVE DATE.—The amendments installs qualified water submetering devices apply with respect to any expenses paid or made by this section shall apply to periods in every unit in any multi-unit property.’’. incurred for any taxable year by any inte- after December 31, 2006, in taxable years end- (c) EFFECTIVE DATE.—The amendments grated oil company (as defined in section ing after such date, under rules similar to made by this section shall apply to property 291(b)(4)) which has an average daily world- the rules of section 48(m) of the Internal placed in service after the date of the enact- wide production of crude oil of at least Revenue Code of 1986 (as in effect on the day ment of this Act, in taxable years ending 500,000 barrels for such taxable year.’’. before the date of the enactment of the Rev- after such date. (b) EFFECTIVE DATE.—The amendment enue Reconciliation Act of 1990). TITLE IV—REVENUE PROVISIONS made by this section shall take effect as if SEC. 302. THREE-YEAR APPLICABLE RECOVERY included in the amendment made by section SEC. 401. REVALUATION OF LIFO INVENTORIES PERIOD FOR DEPRECIATION OF 1329(a) of the Energy Policy Act of 2005. OF LARGE INTEGRATED OIL COMPA- QUALIFIED ENERGY MANAGEMENT NIES. SEC. 403. MODIFICATIONS OF FOREIGN TAX DEVICES. CREDIT RULES APPLICABLE TO (a) GENERAL RULE.—Notwithstanding any (a) IN GENERAL.—Section 168(e)(3)(A) (de- LARGE INTEGRATED OIL COMPA- fining 3-year property) is amended by strik- other provision of law, if a taxpayer is an ap- NIES WHICH ARE DUAL CAPACITY ing ‘‘and’’ at the end of clause (ii), by strik- plicable integrated oil company for its last TAXPAYERS. ing the period at the end of clause (iii) and taxable year ending in calendar year 2005, (a) IN GENERAL.—Section 901 (relating to inserting ‘‘, and’’, and by adding at the end the taxpayer shall— credit for taxes of foreign countries and of the following new clause: (1) increase, effective as of the close of possessions of the United States) is amended ‘‘(iv) any qualified energy management de- such taxable year, the value of each historic by redesignating subsection (m) as (n) and by vice.’’. LIFO layer of inventories of crude oil, nat- inserting after subsection (l) the following (b) DEFINITION OF QUALIFIED ENERGY MAN- ural gas, or any other petroleum product new subsection: AGEMENT DEVICE.—Section 168(i) (relating to (within the meaning of section 4611) by the ‘‘(m) SPECIAL RULES RELATING TO LARGE definitions and special rules) is amended by layer adjustment amount, and INTEGRATED OIL COMPANIES WHICH ARE DUAL inserting at the end the following new para- (2) decrease its cost of goods sold for such CAPACITY TAXPAYERS.— graph: taxable year by the aggregate amount of the ‘‘(1) GENERAL RULE.—Notwithstanding any ‘‘(18) QUALIFIED ENERGY MANAGEMENT DE- increases under paragraph (1). other provision of this chapter, any amount VICE.— If the aggregate amount of the increases paid or accrued by a dual capacity taxpayer ‘‘(A) IN GENERAL.—The term ‘qualified en- under paragraph (1) exceed the taxpayer’s which is a large integrated oil company to a ergy management device’ means any energy cost of goods sold for such taxable year, the foreign country or possession of the United management device which is placed in serv- taxpayer’s gross income for such taxable States for any period shall not be considered ice before January 1, 2011, by a taxpayer who year shall be increased by the amount of a tax— is a supplier of electric energy or a provider such excess. ‘‘(A) if, for such period, the foreign country of electric energy services. (b) LAYER ADJUSTMENT AMOUNT.—For pur- or possession does not impose a generally ap- ‘‘(B) ENERGY MANAGEMENT DEVICE.—For poses of this section— plicable income tax, or purposes of subparagraph (A), the term ‘en- (1) IN GENERAL.—The term ‘‘layer adjust- ‘‘(B) to the extent such amount exceeds the ergy management device’ means any meter ment amount’’ means, with respect to any amount (determined in accordance with reg- or metering device which is used by the tax- historic LIFO layer, the product of— ulations) which— payer— (A) $18.75, and ‘‘(i) is paid by such dual capacity taxpayer ‘‘(i) to measure and record electricity (B) the number of barrels of crude oil (or in pursuant to the generally applicable income usage data on a time-differentiated basis in the case of natural gas or other petroleum tax imposed by the country or possession, or at least 4 separate time segments per day, products, the number of barrel-of-oil equiva- ‘‘(ii) would be paid if the generally applica- and lents) represented by the layer. ble income tax imposed by the country or

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4072 CONGRESSIONAL RECORD — SENATE May 4, 2006 possession were applicable to such dual ca- tial that was of critical importance to tance of East-West gas and oil pipe- pacity taxpayer. the United States. lines, such as the Baku-Tbilisi-Ceyhan Nothing in this paragraph shall be construed The goals of that legislation were as pipeline, BTC. BTC ensures Azer- to imply the proper treatment of any such follows: to promote independent, demo- baijan’s security and economic future, amount not in excess of the amount deter- cratic government; to promote the pro- and binds the country with neighboring mined under subparagraph (B). tection of human rights, tolerance, and Georgia and Turkey, anchoring Azer- ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- pluralism; to aid in the resolution of baijan in the network of Western states poses of this subsection, the term ‘dual ca- conflicts and support political, eco- pacity taxpayer’ means, with respect to any and institutions. foreign country or possession of the United nomic, and security cooperation in The bill also includes Afghanistan as States, a person who— order to foster regional stability and a Silk Road country and promotes the ‘‘(A) is subject to a levy of such country or economic interdependence; to promote integration of Afghanistan with neigh- possession, and financial and economic development boring Central Asian states in terms of ‘‘(B) receives (or will receive) directly or based on market principles; to aid in security, trade, infrastructure and en- indirectly a specific economic benefit (as de- the development of communications, ergy grids. termined in accordance with regulations) transportation, health and human serv- In all the states of Central Asia and from such country or possession. ices infrastructure; to promote and the Caucasus, it is critical to promote ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— protect the interests of U.S. businesses For purposes of this subsection— democratic development. Among this and investments. ‘‘(A) IN GENERAL.—The term ‘generally ap- bill’s initiatives are calls for sup- plicable income tax’ means an income tax These basic policy goals have not porting independent media outlets, es- (or a series of income taxes) which is gen- changed; however, historic events since pecially electronic media, and also for erally imposed under the laws of a foreign 1999 have had a significant impact on satellite TV programming, to provide country or possession on income derived the region’s political systems, eco- authoritative news and more diverse from the conduct of a trade or business with- nomic conditions, and security situa- opinions than are otherwise available. in such country or possession. tion which affect U.S. perceptions of Specifically, it supports satellite TV ‘‘(B) EXCEPTIONS.—Such term shall not in- and interests in the region. These clude a tax unless it has substantial applica- broadcasting into Uzbekistan, changes include: the September 11, 2001 Turkmenistan and Iran and the activi- tion, by its terms and in practice, to— terrorist attack on the United States, ‘‘(i) persons who are not dual capacity tax- ties of their diasporas in the United which clarified the nature and source payers, and States. Furthermore, the bill offers as- of the key threats facing this country; ‘‘(ii) persons who are citizens or residents sistance for the establishment of civil the Operation Enduring Freedom in Af- of the foreign country or possession. service institutes to train civil serv- ghanistan and the removal of the ‘‘(4) LARGE INTEGRATED OIL COMPANY.—For ants at all levels in the rule of law, purposes of this subsection, the term ‘large Taliban regime; the series of ‘‘colored conduct of elections, respect for citi- integrated oil company’ means, with respect revolutions’’ in Georgia, Ukraine and zens’ rights, and the needs of a market to any taxable year, an integrated oil com- Kyrgyzstan; Deteriorating relations be- economy. pany (as defined in section 291(b)(4)) which— tween the U.S. and certain regional No less important is the need to ac- ‘‘(A) had gross receipts in excess of leaders, especially Uzbekistan’s Presi- $1,000,000,000 for such taxable year, and celerate and broaden economic reform dent Islam Karimov, and the closure of ‘‘(B) has an average daily worldwide pro- and modernization in the Silk Road the U.S. base in that country; the duction of crude oil of at least 500,000 barrels countries. Accordingly, this bill pro- growing influence of regional powers, for such taxable year.’’ vides assistance in the privatization of (b) EFFECTIVE DATE.— namely Russia and China; greater U.S. state enterprises and deregulation of (1) IN GENERAL.—The amendments made by oil and gas interests in the Caspian re- the economy. this section shall apply to taxes paid or ac- gion; and the threat posed by Iran, The bill also calls for assistance with crued in taxable years beginning after the which is seeking to develop a nuclear the establishment of the Caspian Bank date of the enactment of this Act. potential. (2) CONTRARY TREATY OBLIGATIONS In light of these changes, the Silk of Reconstruction and Development, UPHELD.—The amendments made by this sec- CBRD, to help Silk Road states address tion shall not apply to the extent contrary Road Act needs to be updated and re- vised to better address some of the new problems caused by increased revenues to any treaty obligation of the United from energy exports, and dangers to States. challenges the U.S. faces in its rela- tions with Central Asia and the macroeconomic stability and over- By Mr. BROWNBACK (for him- Caucasus. heating of the economy infrastructure, self, Mr. KYL and Mrs. The U.S.’s vital interests in the Cas- as well as promote development in the HUTCHISON): pian region include: ensuring the inde- region. S. 2749. A bill to update the Silk pendence and security of Azerbaijan In light of Trans-Caspian Oil and Gas Road Strategy Act of 1999 to modify and Georgia, through which critical oil Pipelines, this bill encourages the gov- targeting of assistance in order to sup- and gas pipelines transit; containing ernments of Azerbaijan, Kazakhstan port the economic and political inde- Iran; ensuring access to oil and gas re- and especially Turkmenistan to im- pendence of the countries of Central serves; maintaining good relations prove their business climate and inves- Asia and the South Caucasus in rec- with Kazakhstan; promoting peaceful tor confidence by fully disclosing their ognition of political and economic resolution of conflicts; and keeping internationally audited hydrocarbon changes in these regions since enact- Russian geopolitical ambitions in reserve. ment of the original legislation; to the check. The bill strongly supports activities Committee on Foreign Relations. Further East, U.S. interests include: that promote the participation of U.S. Mr. BROWNBACK. Mr. President, I helping Kyrgyzstan to make its Tulip companies and investors in the plan- rise to introduce the Silk Road Strat- Revolution a success; the political sta- ning, financing, and construction of in- egy Act of 2006. Joining me as original bilization of Afghanistan and enhance- frastructure for communications, cosponsors are Senators KYL and ment of its security by defeating the transportation, including air transpor- HUTCHISON. I would like to extend my Taliban and Al Qaeda and its satellite tation, and energy and trade including thanks to both of my colleagues and organizations; political reform and lib- highways, railroads, port facilities, their staff for their assistance and eralization in the countries of Central shipping, banking, insurance, tele- guidance on many of the provisions in Asia to neutralize radical Islamic communications networks, and gas and the bill. movements, such as Hizb-ut- Tahrir al- oil pipelines. The original Silk Road Strategy Act Islami, HUT—Islamic Army of Libera- Furthermore, the bill would assist in of 1999 saw the countries of the tion; reduction of drug production and the removal of legal and institutional Caucasus and Central Asia—specifi- exports; creation and/or support of the barriers to continental and regional cally, Armenia, Azerbaijan, Georgia, U.S. military base network; and social trade and the harmonization of border Kazakhstan, Kyrgyzstan, Tajikistan, and economic development in the and tariff regimes, including improved Turkmenistan and Uzbekistan—as a states of Central Asia. mechanisms for transit through Paki- distinct region bound by history and To these ends, among other prior- stan to Afghanistan and the rest of common interests with a shared poten- ities, this bill emphasizes the impor- Central Asia.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4073 With respect to the World Trade Or- Unfortunately, America’s emergency First, my bill expands the current li- ganization, the bill offers support to patients are suffering because emer- ability protection granted to commis- Silk Road countries seeking WTO ac- gency departments are not supported sioned officers and employees of the cession, providing assistance in reform well enough to handle day-to-day emer- Public Health Service to include Medi- as needed. Recognizing that PNTR sta- gencies, let alone a pandemic flu or care participating hospitals or emer- tus, through graduation from the Jack- terrorist attack. Patients wait hours gency departments subject to the son-Vanik Amendment of 1974 Trade to see physicians, ‘‘boarding’’ some- Emergency Medical Treatment and Act, and WTO membership have been times for days in emergency depart- Labor Act (EMTALA). This would also extended to Armenia, Georgia and ments and diverted in ambulances to cover physicians and physician groups Kyrgyzstan, the bill calls for extending other hospitals. This gridlock threat- employed by, under contract, or on-call the same status to the other two most ens access to emergency care for every- for duty to stabilize an individual with advanced economies of the region, one—both insured and uninsured. an emergency medical condition. This Azerbaijan and Kazakhstan, by grad- Emergency departments are under- safeguard does not prevent someone uating them from the Jackson-Vanik funded and suffer from severe staffing from taking legal action. Rather, the Amendment, extending PNTR status shortages. A new study just released by bill requires that any tort or medical and aiding in WTO accession. But be- the Robert Wood Johnson Foundation liability case must be brought against fore that support is offered, it is impor- and the American College of Emer- the United States, which in turn must tant for the two countries to dem- gency Physicians found that three- defend any civil action or proceeding. onstrate that they are capable of deal- fourths of emergency medical directors Awards for malpractice judgments ing with the demands of a vibrant reported inadequate on-call specialist would be paid from a specific fund es- economy in a democratic setting. coverage, compared with two-thirds in tablished for this purpose. A detailed examination of this bill 2004: a sure sign that a bad situation is Second, my bill increases physician will reveal many more initiatives. But getting even worse. payments by 10% for services provided as you can see, Mr. President, the Silk Frivolous lawsuits and the nation’s to Medicare beneficiaries in the emer- Road Strategy Act of 2006 takes a com- broken medical liability system are gency department of a hospital or crit- prehensive approach to the region, en- also driving up the costs of health care ical access hospital. EMTALA is an un- compassing security, economic devel- for everyone and threaten to leave al- funded federal mandate. Current law ready disadvantaged patients without opment, democratic governance and does not require health insurance com- access to necessary health care serv- human rights. I believe it targets the panies, governments or individuals to ices. key issues that U.S. policymakers But, even in the best of times, the pay for services that have been pro- must address in our ever more impor- number of visits to emergency depart- vided. As a result, emergency physi- tant effort to establish solid, long-last- ments continue to increase, while the cians bear the brunt of uncompensated ing relationships with the countries of number of emergency departments in care. This increased reimbursement the Silk Road. I hope my colleagues hospitals continue to decrease. In fact, recognizes and funds this mandate, and will support this bill and I look forward we’ve even seen a number of emergency I hope it will go a long way toward im- to discussing it with them. departments have to close their doors. proving physician recruitment and re- Surprisingly, there are no standard tention. By Mr. DEMINT: measures to report the extent of over- Finally, my bill provides financial in- S. 2750. A bill to improve access to crowding in emergency departments. centive payments to hospitals that emergency medical services through During the last Congress, the Govern- meet standards for prompt admissions medical liability reform and additional ment Accountability Office (GAO) sur- of emergency department patients re- Medicare payments; to the Committee veyed hospital emergency departments quiring inpatient hospital services. The on Finance. and reported back to Congress—pro- bill would increase payments to these Mr. DEMINT. Mr. President, I rise to viding us with the data needed to begin hospitals by 10 percent for Medicare introduce legislation to strengthen our to address these issues. beneficiaries’ emergency department nation’s emergency departments, The GAO report told Congress that visits. The payments would be made which are the backbone of our health patient ‘‘boarding’’ in the emergency only if the hospital certifies, subject to care safety net. department was the most common fac- audit, that it met the standards for Events of recent years—9/11, Hurri- tor associated with overcrowding. The prompt admission. canes Katrina and Rita—have allowed term ‘‘boarding’’ refers to those pa- The issues addressed by my bill im- all of us to see our emergency depart- tients who have been admitted to the pact each one of us. When you, or a ments in action, 24 hours a day, 7 days hospital but have not yet been moved family member, need the emergency a week. With every natural disaster or from the emergency department to an room, you don’t want to worry about it terrorist attack, emergency physi- inpatient hospital bed. When these pa- being crowded, closed, under-funded, or cians, on-call specialists and nurses are tients remain in the emergency depart- not having the staff it needs. on the front lines. Many times, it’s ment long after the decision to admit Emergency physicians, nurses and their expertise that recognizes a prob- them is made (at times on gurneys in on-call specialists are the heroes in lem. For example, it was the diagnosis halls and elsewhere)—it diminishes the America’s hospitals, working under in- and prompt communication of the inci- space to care for other patients, and credibly difficult conditions on pa- dence of anthrax that prevented more adversely impacts the staff and other tients who need critical attention. Con- deaths a couple years ago here in D.C. resources. gress needs to step up and take action. Likewise, should we face pandemic in- My bill requires Medicare to estab- The ‘‘Access to Emergency Medical fluenza, it is likely to be discovered lish regulations to reduce or eliminate Services Act’’ is an important first first in our emergency rooms. overcrowding and boarding of emer- step to address these issues. Federal law requires that each person gency department patients. We have who comes to an emergency depart- the data to recognize this problem. By Mr. NELSON of Nebraska (for ment be stabilized. Yet health plans Hopefully, national standards coupled himself and Mr. DOMENICI): are paying less and less of this cost, with incentive payments for those hos- S. 2751. A bill to strengthen the Na- and many of the 45 million patients pitals implementing the standards and tional Oceanic and Atmospheric Ad- without health insurance can’t pay at documenting improvement will im- ministration’s drought monitoring and all. In fact, more than one-third of all prove the quality of care in this coun- forecasting capabilities; to the Com- emergency department patients are un- try. mittee on Commerce, Science, and insured or are Medicaid or SCHIP en- My legislation, the ‘‘Access to Emer- Transportation. rollees. This results in huge amounts of gency Medical Services Act,’’ directly Mr. NELSON of Nebraska. Mr. Presi- uncompensated care in our nation’s addresses the issues of low reimburse- dent, I rise today to introduce legisla- emergency departments, which threat- ment, emergency department over- tion that would establish the ‘‘Na- ens their viability and everyone’s ac- crowding, and increasing medical li- tional Integrated Drought Information cess to emergency care. ability insurance costs. System’’ (NIDIS) within the National

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4074 CONGRESSIONAL RECORD — SENATE May 4, 2006 Oceanic and Atmospheric Administra- crystallize it so people could see that it NIDIS has also become a key compo- tion (NOAA) for purposes of improving is the same kind of experience as any nent of the multi-national effort to drought monitoring and forecasting ca- other natural disaster. create the Global Earth Observation pabilities. Unlike other natural disasters, how- System of Systems (GEOSS), a mecha- Over the last decade, several severe ever, droughts are much more difficult nism for linking the individual net- and long-term droughts have occurred to identify. It is hard to miss an on- works of satellites, ocean buoys, in the United States. Recent severe coming flood or tornado—or their im- weather stations and other instru- drought conditions across the Nation mediate aftermath. Drought, and its ef- ments scattered across the globe. The and in particular in the West have cre- fects, is much harder to quantify. It de- U.S. Integrated Earth Observation Sys- ated life-threatening situations, as well velops slowly; it doesn’t necessarily tem (IEOS), the U.S. contribution to as financial burdens for both govern- have a beginning point or an ending GEOSS, has identified NIDIS as one of ment and individuals. point but it spans over an extended pe- six ‘‘near-term opportunities’’ in their Extremely dry conditions have led to riod of time. Strategic Plan. numerous forest and rangeland fires, Because it is difficult to forecast and Finally, the Administration supports burning hundreds of thousands of acres plan for droughts, it is especially im- this program. Funding for NIDIS is in- of land, destroying homes and commu- portant that we have programs in place cluded in the President’s FY 2007 budg- such as the National Drought Mitiga- nities, and eliminating critical habi- et request. tion Center at the University of Ne- tats for wildlife and grazing lands for The National Integrated Drought In- braska-Lincoln. The Drought Mitiga- livestock. The subsequent ash and sedi- formation System Act of 2006 that Sen- tion Center, among other things, main- ment loading threatens the health of ator DOMENICI and I are introducing tains a web-based information clear- our streams. In addition to the mil- today would authorize the much need- inghouse, provides drought monitoring, lions of board-feet of timber lost, these ed drought early warning system envi- prepares the weekly U.S. Drought Mon- fires have cost hundreds of millions of sioned by the National Drought Policy itor which covers all 50 States, and de- dollars to fight and have put thousands Commission, the Western Governors’ velops drought policy and planning of lives at risk. Association, and the Integrated Earth The droughts have caused shortages techniques. I believe it is crucial to en- Observation System. If enacted, this of grain and other agricultural prod- courage more investment in research bill will allow our Nation to become ucts resulting in soaring prices that programs such as the Drought Mitiga- much more proactive in mitigating and will be passed on to consumers. In addi- tion Center. avoiding the costly impacts and con- tion, deteriorating soil conditions and The research done upfront in moni- tentious conflicts that so often happen lack of forage are devastating the farm toring drought trends will help our ca- today when water shortages and and ranching communities. The pabilities to mitigate and respond to droughts occur. droughts have negatively affected live- its effects in a much more effective I ask unanimous consent that the stock market prices and caused the manner. It is cost effective to support text of the bill be printed in the premature selloffs of herds. programs such as the National Drought The droughts have threatened munic- Mitigation Center and I advocate for RECORD. ipal water supplies, causing many com- continued support for this important There being no objection, the text of munities to develop new water manage- program. the bill was ordered to be printed in ment plans which institute water re- The National Drought Policy Com- the RECORD, as follows: strictions and other water conserva- mission stated in their May 2000 report S. 2751 tion measures. Drought causes social, to Congress that ‘‘Drought is the most Be it enacted by the Senate and House of Rep- economic and environmental con- obstinate and pernicious of the dra- resentatives of the United States of America in sequences including negative effects on matic events that Nature conjures up. Congress assembled, commerce and industry, tourism, air, It can last longer and extend across SECTION 1. SHORT TITLE. water and other natural resources, and larger areas than hurricanes, torna- This Act may be cited as the ‘‘National In- tegrated Drought Information System Act of quality of life for our citizens, ranging does, floods and earthquakes . . . caus- ing hundreds of millions of dollars in 2006’’. from limits on recreational opportuni- SEC. 2. NOAA PROGRAM TO MONITOR AND FORE- ties to loss of employment. losses, and dashing hopes and dreams.’’ CAST DROUGHTS. The fiscal impacts of drought on indi- Among its recommendations to move (a) IN GENERAL.—The Under Secretary of viduals and governments are signifi- the country toward a more proactive Commerce for Oceans and Atmosphere shall cant. According to NOAA, the federal approach to drought preparedness and establish a National Integrated Drought In- government spends on average $6–8 bil- response, the Commission called for formation System within the National Oce- lion per year on drought. The most improved ‘‘collaboration among sci- anic and Atmospheric Administration. devastating of these was the 1988 entists and managers to enhance the (b) SYSTEM FUNCTIONS.—The System effectiveness of observation networks, shall— drought in the central and eastern U.S. (1) provide an effective drought early warn- which caused severe losses to agri- monitoring, prediction, information ing system that— culture and related industries totaling delivery, and applied research and to (A) is a comprehensive system that col- $40 billion and an estimated 5,000–10,000 foster public understanding of and pre- lects and integrates information on the key deaths. paredness for drought.’’ indicators of drought in order to make usa- The issue of drought is one I have The call for improved drought moni- ble, reliable, and timely drought forecasts been involved with for many years. toring and forecasting has also been and assessments of drought, including as- Fortunately, drought conditions are advocated by the Western Governors’ sessments of the severity of drought condi- improving in Nebraska, but we have Association (WGA). In the WGA policy tions and impacts; endured a number of very difficult resolution adopted in June 2005, ‘‘Fu- (B) communicates drought forecasts, ture Management of Drought,’’ the drought conditions, and drought impacts on years struggling with the impact an ongoing basis to— drought has had on our economy and Governors state that NIDIS ‘‘would (i) decisionmakers at the Federal, regional, environment and the social implica- provide water users across the board— State, tribal, and local levels of government; tions that go along with a disaster like farmers, ranchers, utilities, tribes, land (ii) the private sector; and this. managers, business owners, (iii) the public, One of my biggest frustrations the recreationalists, wildlife managers, in order to facilitate better informed, more past few years as an elected official, and decision-makers at all levels of timely decisions and support drought mitiga- trying to help the areas of my State government—with the ability to assess tion and preparedness programs that will re- devastated by drought, has been mak- their drought risk in real time and be- duce impacts and costs; and ing people understand that this fore the onset of drought, in order to (C) includes timely (where possible real- make informed and timely decisions time) data, information, and products that drought really was a disaster—as much reflect local, regional, and State differences as a hurricane, or an earthquake, or a that may mitigate a drought’s impacts. in drought conditions; and tornado. The Governors urge Congress and the (2) coordinate, and integrate as prac- I even named the drought in Ne- President to authorize NIDIS and pro- ticable, Federal research in support of a braska—Drought David—in an effort to vide funding for its implementation.’’ drought early warning system, improved

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4075 forecasts, and the development of mitigation mation collection and analysis. This ice to our country and play a vital role and preparedness tools and techniques; information system collects and inte- in providing non-institutional long- (3) build upon existing drought forecasting, grates information on key indicators of term health care for veterans. assessment, and mitigation programs at the There is deep concern regarding the National Oceanic and Atmospheric Adminis- drought in order to make usable, reli- tration, including programs conducted in able and timely drought forecasts and anticipated number of veterans that partnership with other Federal departments assessments. This information will be will need long-term care by the year and agencies and existing research partner- disseminated to federal, state, tribal 2010. In 2005, there were almost one ships, such as that with the National and local decision makers in order to million veterans age 85 and over, and Drought Mitigation Center at the University better prepare them for the effects of by 2010, it is anticipated that the num- of Nebraska-Lincoln; and drought. ber of veterans in this age category (4) be incorporated into the Global Earth The impacts of drought are also very will grow to 1.3 million. The Depart- Observation System of Systems. costly. According to NOAA, there have ment of Veterans Affairs (VA) will be (c) CONSULTATION.—The Under Secretary shall consult with relevant Federal, regional, been 12 different drought events since faced with a crisis related to the de- State, tribal, and local government agencies, 1980 that resulted in damages and costs mand for care of this population, and research institutions, and the private sector exceeding $1 billion each. In 2000, se- we must help VA prepare for this situa- in the development of the National Inte- vere drought in the South-Central and tion. grated Drought Information System. Southeastern states caused losses to VA has been disturbingly inactive in (d) COOPERATION FROM OTHER FEDERAL agriculture and related industries of instituting the long-term care provi- AGENCIES.—Each Federal agency shall co- over $4 billion. Western wildfires that sions of the 1999 Millennium Health operate as appropriate with the Under Sec- Care Act. The General Accounting Of- retary in carrying out this Act. year totaled over $2 billion in damages. (e) DROUGHT DEFINED.—In this section, the The Eastern drought in 1999 led to $1 fice has been the most critical, citing term ‘‘drought’’ means a deficiency in pre- billion in losses. These are just a few of major inconsistencies across the VA cipitation— the statistics. system in the implementation of non- (1) that leads to a deficiency in surface or On April 18, 2006, the Texas Agri- institutional care. During the Com- sub-surface water supplies (including rivers, culture Experiment Station predicted a mittee on Veterans’ Affairs’ oversight streams, wetlands, ground water, soil mois- dramatic decrease in water flows and work in Hawaii, we found that the ture, reservoir supplies, lake levels, and reservoir storage throughout New Mex- Kauai clinic lacked a home care spe- snow pack); and (2) that causes or may cause— ico. Early predictions indicate that cialist and the Maui clinic was arbi- (A) substantial economic or social impacts; river water supply will be at 54 percent trarily limiting non-institutional care. or due primarily to receiving half our an- Caregivers are crucial in bridging these (B) substantial physical damage or injury nual snow pack and above average tem- gaps in non-institutional long-term to individuals, property, or the environment. peratures in my state. Additionally, care services. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. several of our reservoirs are at severely With more veterans returning from There are authorized to be appropriated to diminished capacity. Specifically, the combat with severely debilitating inju- the Secretary of Commerce for use by the Elephant Butte, El Vado and Caballo ries, young spouses and parents have Under Secretary of Commerce for Oceans and been forced to take on an unexpected Atmosphere in implementing section 2— reservoirs will all be below 10 percent (1) $8,000,000 for fiscal year 2007; of capacity by Labor Day. Several New role as caregivers. Many have inter- (2) $9,000,000 for fiscal year 2008; Mexico communities have already rupted their own careers to dedicate (3) $10,000,000 for each of fiscal years 2009 begun to institute water restrictions in time and attention to the care and re- and 2010; and preparation for what is predicted to be habilitation of loved ones. These care- (4) $11,000,000 for each of fiscal years 2011 one of the worst years on record. As givers do not plan for this to happen and 2012. this drought persists, I want to ensure and are not prepared mentally or finan- Mr. DOMENICI. Mr. President, I rise each New Mexican that I am com- cially for their new role. Therefore, we today to join Senator NELSON of Ne- mitted to doing everything possible to must protect, educate, and lend a help- braska to introduce the National Inte- make sure they have the tools and in- ing hand to the caregivers who take on grated Drought Information System formation they need to make the best the responsibility and costly burden of Act of 2006. I would like to thank Sen- decisions. caring for veterans, both young and ator BEN NELSON; his strong leadership While drought affects the economic old. and hard work on this bill has been key and environmental well-being of the This legislation serves to provide in bringing us forward on this impor- entire nation, the United States has comprehensive assistance to these tant issue. lacked a cohesive strategy for dealing caregivers. By providing such services Drought is a unique emergency situa- with serious drought emergencies. As as respite care, caregivers can have tion; it creeps in unlike other abrupt many of you know, the impact of time to run errands and attend to their weather disasters. Without a national drought emerges gradually rather than own health concerns. They can rest drought policy we constantly live not suddenly, as is the case with other nat- easier knowing that there is someone knowing what the next year will bring. ural disasters. there to care for their disabled veteran Unfortunately, when we find ourselves I am pleased to be following through while they are out. Another service facing a drought, towns often scramble on what I started in 1997. The bill that provided through this legislation is to drill new water wells, fires often we are introducing today is the next adult-day care for veterans. This serves sweep across bone dry forests and farm- step in implementing a national, cohe- a dual purpose in that it provides ers and ranchers are forced to watch sive drought policy. The bill recognizes short-term supervision and also gives their way of life blow away with the that drought is a recurring phe- veterans a place to go for some cama- dust. This year, my home State of New nomenon that causes serious economic raderie. Mexico is facing a very real threat of and environmental loss and that a na- The last years of a veteran’s life can devastating drought, as our snow pack tional drought policy is needed to en- be difficult for both the veteran and for was far below average. sure an integrated, coordinated strat- the caregiver. This legislation would We must be vigilant and prepare our- egy. also provide hospice services so that selves for quick action as this next this period is one of peace and comfort. drought cycle begins. Better planning By Mr. AKAKA: Other services that would support on our part could limit some of the S. 2753. A bill to require a program to caregivers under this legislation in- damage felt by drought. I submit that improve the provision of caregiver as- clude education, training, transpor- this bill is the exact tool needed for fa- sistance services for veterans; to the tation services, readjustment services, cilitating better planning. Committee on Veterans’ Affairs. rehabilitation services, home care serv- This Act establishes the National In- Mr. AKAKA. Mr. President, I rise ices, and any other new and innovative tegrated Drought Information System proudly today to introduce legislation modalities of non-institutional long- within the National Oceanic and At- that would provide assistance to those term care. mospheric Administration to improve who care for our Nation’s veterans. I cannot try to quantify the invalu- national drought preparedness, infor- These caregivers provide a great serv- able service that caregivers provide.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4076 CONGRESSIONAL RECORD — SENATE May 4, 2006 What can be done is to make funds pursuant to subsection (c)(1) to individual Whereas early diagnosis and treatment of available to carry out programs to as- medical facilities of the Department in such childhood stroke greatly improves the sist them. The legislation authorizes amounts as the Secretary determines appro- chances that the affected child will recover $10 million to be allocated to indi- priate based upon proposals submitted by and not experience a recurrence: Now, there- such facilities for the use of such funds for fore, be it vidual medical facilities within VA, es- improvements to the support of the provi- Resolved, That the Senate— pecially to those in rural areas without sion of caregiver assistance services for vet- (1) designates May 6, 2006, as ‘‘National a long-term care facility, based upon erans. Special consideration should be given Childhood Stroke Awareness Day’’; and the proposals submitted by the facili- to rural facilities, including those without a (2) urges the people of the United States to ties. In efforts to evaluate the improve- long-term care facility of the Department. support the efforts, programs, services, and ments made in caregiver assistance (e) REPORT.—Not later than one year after advocacy of organizations that work to en- the date of the enactment of this Act, the hance public awareness of childhood stroke, services, a report shall be submitted to including— Congress by the Secretary no later Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Com- (A) the Children’s Hemiplegia and Stroke than a year after enactment of this mittee on Veterans’ Affairs of the House of Association; bill. The report should include infor- Representatives a report on the implementa- (B) the American Stroke Association, a di- mation on the allocation of funds to fa- tion of this section. The report shall include vision of the American Heart Association; cilities and a description of the im- information on the allocation of funds to fa- and provements made with the funds. cilities of the Department under subsection (C) the National Stroke Association. Let us meet these caregivers halfway (d) and a description of the improvements f made with funds so allocated to the support by giving them the assistance they SENATE RESOLUTION 466—DESIG- need to care for the veterans that de- of the provision of caregiver assistance serv- ices for veterans. NATING MAY 20, 2006, AS ‘‘NEGRO pend on them. I ask my colleagues to LEAGUERS RECOGNITION DAY’’ f join me in supporting this effort. Mr. NELSON of Florida (for himself, I ask unanimous consent that the SUBMITTED RESOLUTIONS Mr. TALENT, Mr. DEWINE, Mr. REID, and text of the bill be printed in the Mr. BROWNBACK) submitted the fol- RECORD. lowing resolution; which was consid- There being no objection, the bill was SENATE RESOLUTION 465—EX- ered and agreed to: ordered to be printed in the RECORD, as PRESSING THE SENSE OF THE follows: SENATE WITH RESPECT TO S. RES. 466 Whereas even though African Americans S. 2753 CHILDHOOD STROKE AND DESIG- NATING MAY 6, 2006, AS ‘‘NA- were excluded from playing in the major Be it enacted by the Senate and House of Rep- leagues of their time with their white coun- resentatives of the United States of America in TIONAL CHILDHOOD STROKE terparts, the desire of many African Ameri- Congress assembled, AWARENESS DAY’’ cans to play baseball could not be repressed; SECTION 1. IMPROVEMENT OF SERVICES FOR Mr. CHAMBLISS (for himself and Mr. Whereas Major League Baseball did not CAREGIVERS OF VETERANS. fully integrate its league until July 1959; FRIST) submitted the following resolu- (a) IN GENERAL.—The Secretary of Vet- Whereas African Americans began orga- erans Affairs shall carry out a program to tion; which was considered and agreed nizing their own professional baseball teams expand and improve the services that assist to: in 1885; caregivers of veterans, including veterans of S. RES. 465 Whereas the skills and abilities of Negro the Global War on Terrorism. Whereas a stroke, also known as a ‘‘cere- League players eventually made Major (b) CAREGIVER ASSISTANCE SERVICES.—For League Baseball realize the need to integrate purposes of this section, the term ‘‘caregiver brovascular accident’’, is an acute neurologic injury that occurs when the blood supply to the sport; assistance services’’ includes the following: Whereas six separate baseball leagues, (1) Adult-day health care services. a part of the brain is interrupted by— (1) a clot in the artery; or known collectively as the ‘‘Negro Baseball (2) Coordination of services needed by vet- Leagues’’, were organized by African Ameri- erans, including services for readjustment (2) a burst of the artery; Whereas a stroke is a medical emergency cans between 1920 and 1960; and rehabilitation. Whereas the Negro Baseball Leagues in- (3) Transportation services. that can cause permanent neurologic damage or even death if not promptly diagnosed and cluded exceptionally talented players who (4) Caregiver support services, including played the game at its highest level; education, training, and certification of fam- treated; Whereas 26 out of every 100,000 newborns Whereas on May 20, 1920, the Negro Na- ily members in caregiver activities. tional League, the first successful Negro (5) Home care services. and almost 3 out of every 100,000 children have a stroke each year; League, played its first game; (6) Respite care. Whereas Andrew ‘‘Rube’’ Foster, on Feb- (7) Hospice services. Whereas an individual can have a stroke before birth; ruary 13, 1920, at the Paseo YMCA in Kansas (8) Any modalities of non-institutional City, Missouri, founded the Negro National long-term care. Whereas stroke is among the top 10 causes of death for children in the United States; League and also managed and played for the (c) FUNDING.— Chicago American Giants, and later was in- (1) SOURCE OF FUNDS.—In carrying out the Whereas 12 percent of all children who ex- perience a stroke die as a result; ducted into the Baseball Hall of Fame; program required by subsection (a), the Sec- Whereas Leroy ‘‘Satchel’’ Paige, who retary shall identify, from funds available to Whereas the death rate for children who experience a stroke before the age of 1 year began his long career in the Negro Leagues the Department of Veterans Affairs for med- and did not make his Major League debut is the highest out of all age groups; ical care, an amount not less than $10,000,000 until the age of 42, is considered one of the Whereas many children who experience a to be available to carry out the program and greatest pitchers the game has ever seen, stroke will suffer serious, long-term neuro- to be allocated to facilities of the Depart- and during his long career thrilled millions logical disabilities, including— ment pursuant to subsection (d). of baseball fans with his skill and legendary (1) hemiplegia, which is paralysis of 1 side (2) MINIMUM ALLOCATION OF FUNDS.—In showboating, and was later inducted into the of the body; identifying available amounts pursuant to Baseball Hall of Fame; (2) seizures; paragraph (1), the Secretary shall ensure Whereas Josh Gibson, who was the greatest (3) speech and vision problems; and that, after the allocation of funds under sub- slugger of the Negro Leagues, tragically died section (d), the total expenditure for pro- (4) learning difficulties; months before the integration of baseball, grams in support of caregiver assistance Whereas those disabilities may require on- and was later inducted into the Baseball Hall services for veterans is not less than going physical therapy and surgeries; of Fame; $10,000,000 in excess of the baseline amount. Whereas the permanent health concerns Whereas Jackie Robinson, whose career (3) BASELINE AMOUNT.—For purposes of and treatments resulting from strokes that began with the Negro League Kansas City paragraph (2), the baseline amount is the occur during childhood and young adulthood Monarchs, became the first African Amer- amount of the total expenditures on pro- have a considerable impact on children, fam- ican to play in the Major Leagues in April grams in support of caregiver assistance ilies, and society; 1947, was named Major League Baseball services for veterans for the most recent fis- Whereas very little is known about the Rookie of the Year in 1947, subsequently led cal year for which final expenditure amounts cause, treatment, and prevention of child- the Brooklyn Dodgers to 6 National League are known, adjusted to reflect any subse- hood stroke; pennants and a World Series championship, quent increase in applicable costs to support Whereas medical research is the only and was later inducted into the Baseball Hall such services through the Veterans Health means by which the citizens of the United of Fame; Administration. States can identify and develop effective Whereas Larry Doby, whose career began (d) ALLOCATION OF FUNDS TO FACILITIES.— treatment and prevention strategies for with the Negro League Newark Eagles, be- The Secretary shall allocate funds identified childhood stroke; and came the first African American to play in

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4077 the American League in July 1947, was an SENATE RESOLUTION 468—SUP- tions, and policies of the National Park All-Star 9 times in Negro League and Major PORTING THE CONTINUED AD- Service, including the National Park League Baseball, and was later inducted into MINISTRATION OF CHANNEL IS- Service Organic Act. the Baseball Hall of Fame; LANDS NATIONAL PARK, IN- Channel Islands National Monument Whereas John Jordan ‘‘Buck’’ O’Neil was a CLUDING SANTA ROSA ISLAND, was designated in 1938 by President player and manager of the Negro League IN ACCORDANCE WITH THE LAWS Franklin D. Roosevelt under the au- Kansas City Monarchs, became the first Afri- (INCLUDING REGULATIONS) AND thority of the Antiquities Act. can American coach in the Major Leagues POLICIES OF THE NATIONAL The monument was expanded to in- with the Chicago Cubs in 1962, served on the PARK SERVICE clude additional islands and redesig- Veterans Committee of the National Base- nated as Channel Islands National ball Hall of Fame, chairs the Negro Leagues Mrs. FEINSTEIN (for herself and Park in 1980 in order to protect the na- Baseball Museum Board of Directors, and has Mrs. BOXER) submitted the following worked tirelessly to promote the history of resolution; which was referred to the tionally significant natural, scenic, the Negro Leagues; and Committee on Energy and Natural Re- wildlife, marine, ecological, archae- Whereas by achieving success on the base- sources: ological, cultural, and scientific values of the Channel Islands in California. ball field, African American baseball players S. RES 468 helped break down color barriers and inte- Santa Rosa Island was acquired by Whereas Channel Islands National Monu- grate African Americans into all aspects of the United States in 1986 for approxi- ment was designated in 1938 by President mately $30 million for the purpose of society in the United States: Now, therefore, Franklin D. Roosevelt under the authority of be it the Act of June 8, 1906 (16 U.S.C. 431 note); restoring its native ecology and mak- Resolved, That the Senate— Whereas the Monument was expanded to ing the island available to the public (1) designates May 20, 2006, as ‘‘Negro include additional islands and redesignated for recreational uses. The previous Leaguers Recognition Day’’; and as Channel Islands National Park in 1980 to owners of the Island retained only an (2) recognizes the teams and players of the protect the nationally significant natural, agreement for the non-commercial use Negro Baseball Leagues for their achieve- scenic, wildlife, marine, ecological, archae- and occupancy of a 7.6-acre parcel of ments, dedication, sacrifices, and contribu- ological, cultural, and scientific values of land through 2011. tions to both baseball and our Nation. the Channel Islands in California; The non-native elk and deer popu- Whereas Santa Rosa Island was acquired lation are to be removed from the park by the United States in 1986 for approxi- f mately $29,500,000 for the purpose of restor- by 2011 under a court-approved settle- ing the native ecology of the Island and ment and the Island restored to man- SENATE RESOLUTION 467—EX- making the Island available to the public for agement consistent with other na- tional parks. PRESSING THE SENSE OF THE recreational uses; Whereas Santa Rosa Island contains nu- We introduce this resolution to ex- SENATE THAT THE PRESIDENT merous prehistoric and historic artifacts and press our concern with a provision that SHOULD USE ALL DIPLOMATIC provides important habitat for several the House Armed Services Committee MEANS NECESSARY AND REA- threatened and endangered species; has included in the House version of SONABLE TO INFLUENCE OIL- Whereas under a court-approved settle- the Defense authorization bill. PRODUCING NATIONS TO IMME- ment, the nonnative elk and deer popu- The provision would prohibit the DIATELY INCREASE OIL PRODUC- lations are scheduled to be removed from the Park Service from carrying out the Park by 2011 and the Island is to be restored TION AND THAT THE SEC- to management consistent with other Na- court-approved settlement’s direction RETARY OF ENERGY SHOULD tional Parks; and to remove the population of non-native SUBMIT TO CONGRESS A REPORT Whereas there have been recent proposals deer and elk. DETAILING THE ESTIMATED to remove Santa Rosa Island from the ad- To the contrary, we believe that Con- PRODUCTION LEVELS AND ESTI- ministration of the National Park Service or gress should not direct the National MATED PRODUCTION CAPACITY to direct the management of the Island in a Park Service to manage Santa Rosa Is- manner inconsistent with existing legal re- OF ALL MAJOR OIL-PRODUCING land in a manner that would result in quirements and the sound management of the public being denied access to sig- COUNTRIES. Park resources: Now, therefore, be it Resolved, That— nificant portions of the Island for any Mr. THUNE (for himself and Mr. (1) Channel Islands National Park, includ- substantial period of time. FRIST) submitted the following resolu- ing Santa Rosa Island, should continue to be If the Park Service is unable to man- tion; which was referred to the Com- administered by the National Park Service age the non-native deer and elk popu- in accordance with the National Park Serv- lation, the population will likely be mittee on Foreign Relations: ice Organic Act (16 U.S.C. 1 et seq.) and other managed through the present practice S. RES 467 applicable laws; of privately organized hunting editions (2) the National Park Service should man- that currently require the closure of Resolved by the Senate, That is the sense of age Santa Rosa Island in a manner that en- about 90 percent of the Island to the the Senate that— sures that— (1) the President should use all diplomatic (A) the natural, scenic, and cultural re- general public for 4–5 months out of the means necessary and reasonable to influence sources of the Island are properly protected, year. The national parks belong to the oil producing nations to immediately in- restored, and interpreted for the public; and American people, and the parks should crease oil production levels to— (B) visitors to the Park are provided with remain freely open to the people. (A) increase the supply on the world mar- a safe and enjoyable Park experience; and We also believe that Congressional ket; and (3) the National Park Service should not be direction for Santa Rosa Island should (B) reduce the price of oil; directed to manage Santa Rosa Island in a not be inconsistent with the require- (2) a major oil-producing country is a coun- manner— ment to protect and enhance native try that— (A) that would result in the public being park resources, including threatened denied access to significant portions of the (A) had an average level of production of Island; or and endangered species. crude oil, oil sands, or natural gas to liquids (B) that is inconsistent with the responsi- There are 11 endangered or threat- that exceeded 1,000,000 barrels per day during bility of the National Park Service to pro- ened plant and animal species on the the previous calendar year; and tect native resources within the Park, in- Island, many of which would be harmed (B) has crude oil, shale oil, or oil sands re- cluding threatened and endangered species. by the proposal. serves of at least 6,000,000,000 barrels, as rec- Mrs. FEINSTEIN. Mr. President, I In particular, the bald eagle is at risk ognized by the Department of Energy; and rise today to submit a Senate resolu- from eating carcasses containing lead (3) not later than June 30, 2006, the Sec- bullets used by the hunters; the Santa retary of Energy should submit to Congress tion concerning Channel Islands Na- a report detailing the estimated production tional Park, with Senator BOXER as an Rosa Island fox is preyed upon by gold- levels and estimated production capacity of original cosponsor. en eagles attracted by fawns and other all major oil-producing countries. We firmly believe that Channel Is- deer; and the Island’s endangered lands National Park, including Santa plants are threatened by the deer and Rosa Island, should continue to be ad- elk. ministered by the National Park Serv- In addition, there are substantial ar- ice in accordance with the laws, regula- chaeological resources on the Island

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4078 CONGRESSIONAL RECORD — SENATE May 4, 2006 which could be at risk, including po- mittee on Armed Services be author- SELECT COMMITTEE ON INTELLIGENCE tentially the oldest discovered human ized to meet during the session of the Mr. ALEXANDER. Mr. President, I remains in North America, 13,000 years Senate on Thursday, May 4, 2006 at 9:30 ask unanimous consent that the Select old, and remains of the rare pygmy a.m. in closed session to mark up the Committee on Intelligence be author- mammoth. National Defense Authorization Act for ized to meet during the session of the In summary, we believe that the Na- fiscal year 2007. Senate on May 4, 2006 at 2:30 p.m., to tional Park Service should manage The PRESIDING OFFICER. Without hold a closed hearing. Santa Rosa Island to ensure that the objection, it is so ordered. The PRESIDING OFFICER. Without Island’s natural, scenic, and cultural COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. resources are properly protected, re- AFFAIRS SUBCOMMITTEE ON AFRICAN AFFAIRS stored, and interpreted for the public, Mr. ALEXANDER. Mr. President, I Mr. ALEXANDER. Mr. President, I and that park visitors are provided ask unanimous consent that the Com- ask unanimous consent that the Sub- with a safe and enjoyable park experi- mittee on Banking, Housing, and committee on African Affairs be au- ence. Urban Affairs be authorized to meet thorized to meet during the session of I urge my colleagues to support this during the session of the senate on the Senate on Thursday, May 4, 2006, at Senate resolution. Thursday, May 4, 2006, at 10:30 a.m. to 2:30 p.m. to hold a hearing on Housing f markup an original bill entitled ‘‘Fi- and Urbanization Issues in Africa. nancial Services Regulatory Relief Act The PRESIDING OFFICER. Without AMENDMENTS SUBMITTED AND of 2006.’’ objection, it is so ordered. PROPOSED The PRESIDING OFFICER. Without SUBCOMMITTEE ON THE CONSTITUTION, CIVIL SA 3860. Mr. COCHRAN (for Mr. BYRD) pro- objection, it is so ordered. RIGHTS, AND PROPERTY RIGHTS posed an amendment to the bill H.R. 4939, COMMITTEE ON ENERGY AND NATURAL Mr. ALEXANDER. Mr. President, I making emergency supplemental appropria- RESOURCES ask unanimous consent that the Sub- tions for the fiscal year ending September 30, 2006, and for other purposes. Mr. ALEXANDER. Mr. President, I committee on the Constitution, Civil ask unanimous consent that the Com- Rights and Property Rights be author- f mittee on Energy and Natural Re- ized to meet to conduct a markup S.J. TEXT OF AMENDMENTS sources be authorized to meet during Res. 12, the Flag Desecration Resolu- SA 3860. Mr. COCHRAN (for Mr. the session of the Senate on Thursday, tion, on Thursday, May 4, 2006 at 1 BYRD) proposed an amendment to the May 4, at 10 a.m. The purpose of this p.m., in Dirksen 226. bill H.R. 4939, making emergency sup- meeting is to consider the nomination The PRESIDING OFFICER. Without plemental appropriations for the fiscal of Dirk Kempthorne of Idaho to be Sec- objection, it is so ordered. year ending September 30, 2006, and for retary of the Interior. SUBCOMMITTEE ON SURFACE TRANSPORTATION other purposes; as follows: The PRESIDING OFFICER. Without AND MERCHANT MARINE At the appropriate place, insert the fol- objection, it is so ordered. Mr. ALEXANDER. Mr. President. I lowing: COMMITTEE ON THE JUDICIARY ask unanimous consent that the Sub- Provided further, That unexpended balances Mr. ALEXANDER. Mr. President, I committee on Surface Transportation for Health Resources and Services Adminis- ask unanimous consent that the Com- and Merchant Marine be authorized to tration grant number 7C6HF03601–01–00, ap- mittee on the Judiciary be authorized meet on Thursday, May 4, 2006, at 10 propriated in P.L. 106–554, shall remain avail- to meet to conduct a markup on Thurs- a.m., on Protecting Consumers from able until expended. day, May 4, 2006, at 9:30 a.m. in the Fraudulent Practices in the Moving In- f Dirksen Senate Office Building Room dustry. NOTICES OF HEARINGS/MEETINGS 226. The agenda is attached. The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL I. Nominations: Norman Randy objection, it is so ordered. RESOURCES Smith, to be U.S. Circuit Judge for the SUBCOMMITTEE ON TRADE, TOURISM AND Mr. DOMENICI. Mr. President, I Ninth Circuit; Brett Kavanaugh, to be ECONOMIC DEVELOPMENT would like to announce for the infor- U.S. Circuit Judge for the DC Circuit; Mr. ALEXANDER. Mr. President. I mation of the Senate and the public Milan D. Smith, Jr., to be U.S. Circuit ask unanimous consent Subcommittee that an oversight hearing has been Judge for the Ninth Circuit; Renee on Trade, Tourism and Economic De- scheduled before the Committee on En- Marie Bumb, to be U.S. District Judge velopment be authorized to meet on ergy and Natural Resources. for the District of New Jersey; Noel Thursday, May 4, 2006, at 2:30 p.m., on The hearing will be held on Thurs- Lawrence Hillman, to be U.S. District Promoting Economic Development Op- day, May 11, 2006 at 10 a.m. in room Judge for the District of New Jersey; portunities Through Nano Commer- SD–366 of the Dirksen Building. Peter G. Sheridan, to be U.S. District cialization. The purpose of the hearing is to re- Judge for the District of New Jersey; The PRESIDING OFFICER. Without ceive testimony regarding the status of Susan Davis Wigenton, to be U.S. Dis- objection, it is so ordered. the Yucca Mountain Repository trict Judge for the District of New Jer- f sey. Project within the Office of Civilian MEASURES PLACED ON THE II. Bills: S. 2453, National Security Radioactive Waste Management at the CALENDAR—S. 22 AND S. 23 Department of Energy. Surveillance Act of 2006, Specter; S. Because of the limited time available 2455, Terrorist Surveillance Act of 2006, Mr. FRIST. Mr. President, I under- for the hearing, witnesses may testify DeWine, Graham; S. 2468, A bill to pro- stand there are two bills at the desk by invitation only. However, those vide standing for civil actions for de- due for a second reading. wishing to submit written testimony claratory and injunctive relief to per- The PRESIDING OFFICER. The Sen- for the hearing record should send two sons who refrain from electronic com- ator is correct. The clerk will read the copies of their testimony to the Com- munications through fear of being sub- titles of the bills for the second time mittee on Energy and Natural Re- ject to warrantless electronic surveil- The assistant legislative clerk read sources, United States Senate, Wash- lance for foreign intelligence purposes, as follows: ington, DC 20510–6150. and for other purposes, Schumer; S. A bill (S. 22) to improve patient access to For further information, please con- 2039, Prosecutors and Defenders Incen- health care services and provide improved tive Act of 2005, Durbin, Specter, medical care by reducing the excessive bur- tact Clint Williamson at (202) 224–7556 den the liability system places on the health or Steve Waskiewicz at (202) 228–6195. DeWine, Leahy, Kennedy, Feinstein, care delivery system. f Feingold, Schumer. A bill (S. 23) to improve women’s access to III. Matters: S.J. Res. 1, Marriage health care services and provide improved AUTHORITY FOR COMMITTEES TO Protection Amendment, Allard, Ses- medical care by reducing the excessive bur- MEET sions, Kyl, Hatch, Cornyn, Coburn, den the liability system places on the deliv- COMMITTEE ON ARMED SERVICES Brownback, DeWine. ery of obstetrical and gynecological services. Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. Without Mr. FRIST. In order to place the bills ask unanimous consent that the Com- objection, it is so ordered. on the calendar under the provisions of

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4079 rule XIV, I object to further proceeding øTITLE II—AMENDATORY PROVISIONS, age of 18 years when the offense was com- en bloc. TRANSITION PROVISIONS, AND EFFEC- mitted. The PRESIDING OFFICER. Objec- TIVE DATE ø(C) INCLUSION.—The term includes a viola- tion having been heard, the bills will be øSec. 201. Failure to provide information a tion of section 103 of this Act. ø(3) DOMICILE.—The term ‘‘domicile’’ placed on the calendar. deportable offense. øSec. 202. Repeal. means, with respect to an individual, any øSec. 203. Conforming amendments to title place that serves as the primary place at f 18, United States Code. which the individual lives. øSec. 204. Effective date. ø(4) DOMICILE STATE.—The term ‘‘domicile SEX OFFENDER REGISTRATION øTITLE I—JACOB WETTERLING, MEGAN State’’ means, with respect to an individual, AND NOTIFICATION ACT NICOLE KANKA, & PAM LYCHNER SEX the State actor or tribal actor within the ju- Mr. FRIST. Mr. President, I ask OFFENDER REGISTRATION AND NOTIFI- risdiction of which is the individual’s domi- CATION PROGRAM cile. unanimous consent the Senate proceed ø(5) EDUCATIONAL INSTITUTION.—The term to the immediate consideration of Cal- øSEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX OF- ‘‘educational institution’’ includes (whether endar No. 251, S. 1086. FENDER REGISTRATION AND NOTI- public or private) any secondary school, The PRESIDING OFFICER. The FICATION PROGRAM. trade or professional institution, and institu- clerk will report the bill by title. ø(a) IN GENERAL.—The Attorney General tion of higher education. The assistant legislative clerk read shall carry out this title through a program ø(6) EMPLOYMENT.—The term ‘‘employ- as follows: to be known as the Jacob Wetterling, Megan ment’’ includes carrying on a vocation and Nicole Kanka, & Pam Lychner Sex Offender covers any labor or service rendered (wheth- A bill (S. 1086) to improve the national pro- Registration and Notification Program. er as a volunteer or for compensation or for gram to register and monitor individuals ø(b) REFERENCES TO FORMER PROGRAM OR government or educational benefit) on a full- who commit crimes against children or sex FORMER LAW.—Any reference (other than a time or part-time basis. offenses. reference in this Act) in a law, regulation, ø(7) JURISDICTION.—The term ‘‘jurisdic- The Senate proceeded to consider the document, paper, or other record of the tion’’, with respect to a tribal actor, means bill, which had been reported from the United States to the program carried out the Indian country (as defined in section 1151 Committee on the Judiciary, with under subtitle A of title XVII of the Violent of title 18, United States Code) of that tribal amendments. Crime Control and Law Enforcement Act of actor. ø [Strike the parts shown in black 1994 (42 U.S.C. 14071 et seq.), or to any provi- (8) SCHOOL STATE.—The term ‘‘school State’’ means, with respect to an individual, brackets and insert the parts shown in sion of that subtitle, shall be deemed to be a reference to the program referred to in sub- the State actor or tribal actor within the ju- italic.] section (a), or to the appropriate provision of risdiction of which the educational institu- S. 1086 this title, as the case may be. tion at which the individual is a student is Be it enacted by the Senate and House of Rep- øSEC. 102. DEFINITIONS. located. resentatives of the United States of America in øIn this Act: ø(9) SEXUALLY VIOLENT OFFENSE.—The term Congress assembled, ø(1) COVERED INDIVIDUAL.—The term ‘‘cov- ‘‘sexually violent offense’’ means an offense (whether under the law of a State actor or øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. ered individual’’ means any of the following: ø tribal actor, Federal law, military law, or ø(a) SHORT TITLE.—This Act may be cited (A) An individual who has been convicted the law of a foreign country) that is com- as— of a covered offense against a minor. parable to or more severe than any of the ø(1) the ‘‘Jacob Wetterling, Megan Nicole ø(B) An individual who has been convicted following offenses: Kanka, and Pam Lychner Sex Offender Reg- of a sexually violent offense. ø(A) Aggravated sexual abuse or sexual istration and Notification Act’’; or ø(C) An individual described in section abuse (as described in sections 2241 and 2242 ø(2) the ‘‘Sex Offender Registration and 4042(c)(4) of title 18, United States Code. of title 18, United States Code). Notification Act’’. ø(D) An individual sentenced by a court ø(B) An offense an element of which is en- ø(b) TABLE OF CONTENTS.—The table of con- martial for conduct in a category specified gaging in physical contact with another per- tents for this Act is as follows: by the Secretary of Defense under section 115(a)(8)(C) of title I of Public Law 105–119 (10 son with intent to commit aggravated sexual øSec. 1. Short title; table of contents. U.S.C. 951 note). abuse or sexual abuse. øTITLE I—JACOB WETTERLING, MEGAN ø(E) An individual who is a sexually vio- ø(10) SEXUALLY VIOLENT PREDATOR.—The NICOLE KANKA, & PAM LYCHNER SEX lent predator. term ‘‘sexually violent predator’’ means an OFFENDER REGISTRATION AND NOTI- ø(2) COVERED OFFENSE AGAINST A MINOR.— individual who— ø FICATION PROGRAM ø(A) IN GENERAL.—Except as provided in (A) has a conviction for a sexually violent øSec. 101. Jacob Wetterling, Megan Nicole subparagraphs (B) and (C), the term ‘‘covered offense; or Kanka, & Pam Lychner Sex Of- offense against a minor’’ means an offense ø(B) suffers from a mental abnormality (as fender Registration and Notifi- (whether under the law of a State actor or defined in section 110 of this Act) or person- cation Program. tribal actor, Federal law, military law, or ality disorder that makes the person likely øSec. 102. Definitions. the law of a foreign country) that is com- to engage in a predatory (as defined in sec- øSec. 103. Duty of covered individuals to parable to or more severe than any of the tion 110 of this Act) sexually violent offense. provide information. following offenses: ø(11) STATE ACTOR.—The term ‘‘State øSec. 104. Duty of covered individuals on pa- ø(i) Kidnapping of a minor, except by a par- actor’’ means any of the following: role or supervised release to ent of the minor. ø(A) A State. comply with device require- ø(ii) False imprisonment of a minor, except ø(B) The District of Columbia, the Com- ments. by a parent of the minor. monwealth of Puerto Rico, Guam, American øSec. 105. Duties of Attorney General and ø(iii) Criminal sexual conduct toward a Samoa, the United States Virgin Islands, or State or tribal actors. minor. any other territory or possession of the øSec. 106. State and tribal sex offender reg- ø(iv) Solicitation of a minor to engage in United States. istries. sexual conduct. ø(12) STUDENT.—The term ‘‘student’’ means øSec. 107. National Sex Offender Registry. ø(v) Use of a minor in a sexual perform- an individual who, whether on a full-time or øSec. 108. Development and availability of ance. part-time basis, enrolls in or attends an edu- registry management software. ø(vi) Solicitation of a minor to practice cational institution. øSec. 109. DNA database for covered individ- prostitution. ø(13) TRIBAL ACTOR.—The term ‘‘tribal uals. ø(vii) Any conduct that by its nature is a actor’’ means a federally recognized Indian øSec. 110. Duty of courts to determine sexual offense against a minor. tribe. whether an individual is a sexu- ø(viii) Possession, production, or distribu- ø(14) WORK STATE.—The term ‘‘work State’’ ally violent predator. tion of child pornography, as described in means, with respect to an individual, the øSec. 111. Duty of Attorney General to de- section 2251, 2252, or 2252A of title 18, United State actor or tribal actor within the juris- termine whether State or tribal States Code. diction of which the individual’s place of em- actors are qualified. ø(ix) Use of the Internet to facilitate or ployment is located. øSec. 112. Use of other Federal information commit a covered offense against a minor. øSEC. 103. DUTY OF COVERED INDIVIDUALS TO to track sex offenders. ø(x) An attempt to commit a covered of- PROVIDE INFORMATION. øSec. 113. Implementation by State and trib- fense against a minor. ø(a) INFORMATION REQUIRED PERIODI- al actors and assistance grants ø(B) EXCEPTION.—The term does not in- CALLY.—A covered individual shall, for the to those actors. clude an offense if the conduct on which the life of that individual (except as provided in øSec. 114. Immunity for good faith conduct. offense is based is criminal only because of this section), provide information as follows: øSec. 115. Regulations. the age of the victim and the individual who ø(1) REGISTRATION INFORMATION.—Imme- øSec. 116. Authorization of appropriations. committed the offense had not attained the diately after being sentenced for an offense

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4080 CONGRESSIONAL RECORD — SENATE May 4, 2006

that qualifies the individual as a covered in- designated by the individual’s new domicile ø(4) VIOLATIONS ARE CONTINUING.—A viola- dividual (or, if the individual is imprisoned State and— tion of subsection (a) or (b) is a continuing for that offense, immediately before com- ø(i) provide the address of the new domicile violation for purposes of the statute of limi- pleting the term of imprisonment), and and the address of the previous domicile; and tations. thereafter at least once every 6 months (or, ø(ii) submit to the taking of a photograph ø(e) EXCEPTION FOR CERTAIN INDIVIDUALS.— in the case of a sexually violent predator, at and the taking of fingerprints. Subsections (a) and (b) apply to any covered least once every 3 months), the individual ø(2) CHANGE OF EMPLOYMENT.—Not more individual, unless each of the following is shall appear before a person designated by than 3 days after beginning, or ceasing, to be true with respect to the covered individual: the individual’s domicile State and provide— employed by an employer, the individual ø(1) The individual is not a sexually violent ø(A) the individual’s name; shall appear before, and provide notice of the predator. ø(B) the individual’s Social Security num- beginning or ceasing, and the name and ad- ø(2) The individual has only one conviction ber; dress of the employer, to— for an offense that qualifies the individual as ø(C) the address of the individual’s domi- ø(A) a person designated by the individ- a covered individual. cile; ual’s domicile State; and ø(3) A period of at least 20 years, excluding ø(D) the license plate number of, and other ø(B) if the individual’s work State is dif- ensuing periods of imprisonment, has expired identifying information with respect to, each ferent from the domicile State, a person des- since the date on which the individual was vehicle owned or operated by the individual; ignated by the individual’s work State. sentenced for, or completed the term of im- ø(E) any address at which the individual ø(3) CHANGE OF STUDENT STATUS.—Not more prisonment for, the conviction described in expects to have a domicile in the future; than 3 days after beginning, or ceasing, to be paragraph (2). ø(F) the name and address of any person a student at an educational institution, the ø(4) the conviction referred to in paragraph who employs the individual and the address individual shall appear before, and provide (2) was not for aggravated sexual abuse (as at which the individual is so employed; and notice of the beginning or ceasing, and the defined in section 2241 of title 18, United ø(G) the name and address of any edu- name and address of the educational institu- States Code) or a comparable, or more se- cational institution at which the individual tion, to— vere, offense. is employed or is a student. ø(A) a person designated by the individ- øSEC. 104. DUTY OF COVERED INDIVIDUALS ON ø (2) PHOTOGRAPH.—Immediately after being ual’s domicile State; and PAROLE OR SUPERVISED RELEASE sentenced for an offense that qualifies the in- ø(B) if the individual’s school State is dif- TO COMPLY WITH DEVICE REQUIRE- dividual as a covered individual (or, if the in- ferent from the domicile State, a person des- MENTS. ø(a) IN GENERAL.—A covered individual dividual is imprisoned for that offense, im- ignated by the individual’s school State. mediately before completing the term of im- shall comply with any requirements that the ø(c) DUTY TO PROVIDE INFORMATION TO AT- prisonment), and thereafter at least once Attorney General prescribes under sub- TORNEY GENERAL.— every 12 months, the individual shall appear section (b)— ø(1) IF STATE ACTOR OR TRIBAL ACTOR NOT before a person designated by the individ- ø(1) for the period of supervised release or QUALIFIED.—Whenever an individual is re- ual’s domicile State and submit to the tak- parole, if the individual has only one convic- quired by subsection (a) or (b) to provide in- ing of a photograph. tion for an offense that qualifies the indi- formation to a State actor or tribal actor, ø(3) FINGERPRINTS.—Immediately after vidual as a covered individual; and being sentenced for an offense that qualifies and the actor is not qualified for purposes of ø(2) for the life of the individual, in all the individual as a covered individual (or, if this Act, the individual shall also provide other cases. the individual is imprisoned for that offense, that information (in the same time, place, ø(b) REGULATIONS REQUIRED.— immediately before completing the term of and manner as prescribed in subsection (a) or ø(1) IN GENERAL.—The Attorney General, in imprisonment), and thereafter at least once (b), as the case may be) to the Attorney Gen- consultation with State actors and tribal ac- every 12 months, the individual shall appear eral, and a failure to do so shall be treated tors, shall prescribe regulations to ensure before a person designated by the individ- for purposes of this Act as a violation of sub- that every covered individual referred to in ual’s domicile State and submit to the tak- section (a) or (b), as the case may be. subsection (a) wears and maintains a device ø ing of fingerprints. (2) IF PROVIDING INFORMATION TO MORE that transmits information about the indi- ø(4) OTHER REGULATORY REQUIREMENTS.— THAN ONE STATE.—Whenever an individual is vidual’s whereabouts to the domicile State. The Attorney General may, by regulation, required by subsection (a) or (b) to provide ø(2) PENALTIES FOR FAILURE TO COMPLY.— require the individual to provide any infor- information to more than one State actor or The regulations shall include penalties for mation that the Attorney General considers tribal actor, the individual shall also provide the failure of the covered individual to wear appropriate on any basis, and at any time that information (in the same time, place, or maintain the device. and in any manner, that the Attorney Gen- and manner as prescribed in subsection (a) or ø(3) DEVICES AND PROCEDURES.—The regula- eral considers appropriate. (b), as the case may be) to the Attorney Gen- tions shall describe the devices to be used ø(5) INDIVIDUAL IN CUSTODY IN STATE OTHER eral, and a failure to do so shall be treated and, for each such device, the procedures to THAN DOMICILE STATE.—Whenever an indi- for purposes of this Act as a violation of sub- be followed by the individual and the domi- vidual is required by any paragraph of this section (a) or (b), as the case may be. cile State. The type of device to be used may subsection to provide information imme- ø(d) PUNISHMENT.— vary from domicile State to domicile State, diately after being sentenced (or imme- ø(1) IN GENERAL.—A covered individual who from offense to offense, or both. diately before completing a term of impris- violates subsection (a) or (b) shall— øSEC. 105. DUTIES OF ATTORNEY GENERAL AND onment) and the State actor or tribal actor ø(A) on the first conviction, be fined under STATE OR TRIBAL ACTORS. that has sentenced (or imprisoned) the indi- title 18, United States Code, and imprisoned ø(a) WHEN AN INDIVIDUAL PROVIDES INFOR- vidual is not the individual’s domicile not more than 5 years (or, in the case of a MATION.—Whenever an individual is required State— sexually violent predator, not more than 10 by this Act to provide information (including ø(A) the individual shall provide that infor- years), and shall thereafter be subject to su- information such as photographs and finger- mation (in the same time, place, and manner pervised release for not less than 36 months; prints) to the Attorney General, to a State as prescribed by that paragraph) to an appro- and actor or tribal actor, or to both, the Attor- priate official of the State actor or tribal ø(B) on any conviction after the first, be ney General (or the actor, or both, as the actor that has sentenced (or imprisoned) the fined under title 18, United States Code, and case may be) shall— individual; and imprisoned not more than 20 years (or, in the ø(1) ensure that the individual complies ø(B) the State actor or tribal actor that case of a sexually violent predator, for life), with the requirement; has sentenced (or imprisoned) the individual and shall thereafter be subject to supervised ø(2) ensure that the information provided shall promptly make available that informa- release for life. is accurate and complete; tion to the individual’s domicile State. ø(2) STRICT CULPABILITY.—In a prosecution ø(3) ensure that the information provided ø(b) INFORMATION REQUIRED UPON CHANGE for a violation of subsection (a) or (b), the is included in the National Sex Offender Reg- OF REGISTRY INFORMATION.—A covered indi- state of mind of the individual committing istry; and vidual shall, for the life of that individual the violation is not an element of the offense ø(4) ensure that the information is prompt- (except as provided in this section), provide and it need not be proven that the individual ly— information as follows: had any particular state of mind with re- ø(A) made available to any law enforce- ø(1) CHANGE OF ADDRESS.—Not more than 3 spect to any element of the offense. ment agency responsible for the area in days after establishing a new domicile, the ø(3) AFFIRMATIVE DEFENSE.—In a prosecu- which the individual’s domicile is located individual shall— tion for a violation of subsection (a) or (b), it and to the State law enforcement agency of ø(A) appear before a person designated by is an affirmative defense that uncontrollable the domicile State; the individual’s domicile State and provide circumstances prevented the individual from ø(B) entered into the appropriate records the address of the new domicile, and the ad- complying, and that the individual did not or data system of the actor; and dress of the previous domicile; and contribute to the creation of such cir- ø(C) made available by the actor, together ø(B) if the new domicile and the previous cumstances in reckless disregard of the re- with information relating to criminal his- domicile are not both within the jurisdiction quirement to comply, and that the indi- tory, to the Attorney General. of a single State actor or tribal actor quali- vidual complied as soon as such cir- ø(b) WHEN A COVERED INDIVIDUAL IS MISS- fied under this Act, appear before a person cumstances ceased to exist. ING.—

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4081

ø(1) STATE OR TRIBAL ACTOR.—Whenever in- tained by the actor, all information, except ø(A) for law enforcement purposes; and formation is made known to a State actor or for Social Security numbers and information ø(B) for releases of information under sub- tribal actor that an individual has violated relating to a covered individual for an of- section (b); and section 103(a)(1) or section 103(b), the actor fense committed when the covered individual ø(2) to Federal, State, and local govern- shall promptly notify the Attorney General had not attained the age of 18 years, col- mental agencies responsible for conducting of that information. lected under this Act. The site shall have employment-related background checks ø(2) ATTORNEY GENERAL.—Whenever infor- multiple field search capability and shall in- under section 3 of the National Child Protec- mation is made known to the Attorney Gen- clude, for each covered individual, the name, tion Act of 1993 (42 U.S.C. 5119a). eral that an individual has violated section aliases, home address, work address, photo- øSEC. 108. DEVELOPMENT AND AVAILABILITY OF 103(a)(1) or section 103(b), or is notified of in- graph, conviction for which registration is REGISTRY MANAGEMENT SOFT- formation under paragraph (1), the Attorney required, and risk level. The site shall in- WARE. General shall— clude, as much as practicable, links to sex ø(a) DEVELOPMENT OF SOFTWARE RE- ø(A) revise the National Sex Offender Reg- offender safety and education resources. QUIRED.—The Attorney General, in consulta- istry to reflect that information; and ø(B) INTEGRATION OF STATE SITES.—The tion with State actors and tribal actors, ø(B) add the name of the individual to the actor shall consult with other State actors shall develop a software application that can wanted person file of the National Crime In- and tribal actors to ensure, as much as prac- be used by State actors and tribal actors for formation Center and create a wanted per- ticable, that the site integrates with and purposes of this Act. The software shall oper- sons record: Provided, That an arrest warrant shares information with the sites maintained ate in such a manner that a State actor or which meets the requirements for entry into by those other actors. tribal actor can, by using the software, fully comply with all the requirements under this the file is issued in connection with the vio- ø(C) CORRECTION OF ERRORS.—The site shall lation. contain instructions on the process for cor- Act for collecting, managing, and exchang- ing information (including exchanging infor- ø(c) WHEN A COVERED INDIVIDUAL CHANGES recting information that a person alleges to mation with other State actors and tribal ADDRESS.— be erroneous. actors). ø(1) IN GENERAL.—The Attorney General ø(D) RISK LEVEL.—For purposes of this ø(b) AVAILABILITY TO STATE AND TRIBAL and each State actor or tribal actor shall en- paragraph, the risk level for an individual ACTORS.— sure that, whenever information is made shall be determined under procedures estab- ø(1) IN GENERAL.—The Attorney General known to the Attorney General or to that lished by the actor, under which the indi- shall make the software developed under this actor (as the case may be) that a covered in- vidual is provided notice and an opportunity section available to State actors and tribal dividual has established a new domicile, and to present evidence, including witnesses, to actors. The first complete edition of the soft- the individual’s new domicile State and pre- the trier of fact, and upon proof of indigent ware shall be made available within 2 years vious domicile State are not the same, the status is provided counsel at the expense of after the date of the enactment of this Act. information about the new domicile and all the actor. The actor shall establish not fewer ø(2) FEE.—The Attorney General shall other information collected under this Act than two risk levels. make the software available under paragraph about the individual is promptly made avail- ø (2) COMMUNITY NOTIFICATION.—Appropriate (1) for a fee not more than one percent of the able to— law enforcement agencies shall release infor- Attorney General’s cost to develop, imple- ø(A) the local law enforcement agencies re- mation collected under this Act relating to a ment, and support the software. sponsible for the area in which the previous covered individual to— ø(c) SUPPORT.—The Attorney General shall domicile is located, and to those responsible ø(A) public and private schools, child care ensure that a State actor or tribal actor pur- for the area in which the new domicile is lo- providers, and businesses that provide serv- chasing the software is provided technical cated; ices or products to children, located within a support for the installation of the software ø(B) the previous domicile State; and radius, prescribed by the Attorney General, and for maintaining the software. ø (C) the new domicile State. of the home or work address of the indi- øSEC. 109. DNA DATABASE FOR COVERED INDI- ø(2) ELECTRONIC FORWARDING.—In addition vidual; and VIDUALS. to the requirements of paragraph (1), the At- ø(B) residents who reside within a radius, ø(a) DATABASE REQUIRED.—The Attorney torney General shall ensure (through the Na- prescribed by the Attorney General, of the General shall establish and maintain a data- tional Sex Offender Registry or otherwise) home or work address of the individual. base for the purposes of— that, whenever information is made known ø(c) PUBLICATION OF NUMBER OF OFFENDERS ø(1) managing DNA information with re- to the Attorney General that a covered indi- REGISTERED.—Every three months, the At- spect to covered individuals; and vidual has established a new domicile, and torney General shall collect from each State ø(2) making that information available to the individual’s new domicile State and pre- actor and tribal actor information on the Federal, State, and local law enforcement vious domicile State are not the same, the total number of covered individuals included agencies for use by those agencies in a man- information about the new domicile and all in the registry maintained by that State ner consistent with this Act. other information collected under this Act actor or tribal actor. The Attorney General ø(b) REGULATIONS.—Under regulations about the individual is automatically and shall release that information to the public issued by the Attorney General— immediately, by means of electronic for- in a manner consistent with this Act. ø(1) Federal, State, and local agencies and ø warding, transmitted to the new domicile (d) REPORT.—Not later than 1 year after other entities may submit DNA information State, if the new domicile State is qualified the date of the enactment of this Act, the to the Attorney General for inclusion in the for purposes of this Act. Attorney General shall submit to Congress a database; ø(d) WHEN A COVERED INDIVIDUAL IS SEN- report on the feasibility of requiring State ø(2) Federal, State, and local law enforce- TENCED OR COMPLETES A TERM OF IMPRISON- actors and tribal actors to actively notify in- ment agencies may compare DNA informa- MENT.—The Attorney General and each State dividuals within a community should a cov- tion against other DNA information in the actor or tribal actor shall ensure that, im- ered individual move into that community. database; and ø mediately after a covered individual is sen- SEC. 107. NATIONAL SEX OFFENDER REGISTRY. ø(3) Federal, State, and local prosecutors ø tenced for an offense that qualifies the indi- (a) IN GENERAL.—The Attorney General may use DNA information in prosecutions. shall maintain a database to track the vidual as a covered individual (or, if the indi- øSEC. 110. DUTY OF COURTS TO DETERMINE vidual is imprisoned for that offense, imme- whereabouts and movements of covered indi- WHETHER AN INDIVIDUAL IS A SEX- diately before completing the term of im- viduals. The database shall be known as the UALLY VIOLENT PREDATOR. prisonment), a responsible official— National Sex Offender Registry. ø(a) IN GENERAL.—A determination of ø(1) notifies the Attorney General that the ø(b) DISCRETIONARY RELEASE OF INFORMA- whether an individual is a sexually violent individual has completed the term of impris- TION.— predator for purposes of this Act shall be onment; and ø(1) IN GENERAL.—Subject to paragraph (2), made by a court after considering the rec- ø(2) notifies the individual of the individ- the Attorney General may release informa- ommendation of a board composed of experts ual’s duties under this Act. tion in the National Sex Offender Registry in the behavior and treatment of sex offend- øSEC. 106. STATE AND TRIBAL SEX OFFENDER concerning a covered individual if the Attor- ers, victims’ rights advocates, and represent- REGISTRIES. ney General determines that the information atives of law enforcement agencies. ø(a) STATEWIDE REGISTRY REQUIRED.—Each released is relevant and necessary to protect ø(b) WAIVER.—The Attorney General may State actor or tribal actor shall maintain, the public. waive the requirements of subsection (a) throughout its jurisdiction, a single com- ø(2) IDENTITY OF VICTIM.—The Attorney with respect to a State actor or tribal actor prehensive registry of information collected General shall not, under paragraph (1), re- if the Attorney General determines that the under this Act. lease the identity of the victim of an offense State actor or tribal actor has established ø(b) RELEASE OF INFORMATION IN REG- by reason of which an individual is a covered alternative procedures or legal standards for ISTRY.—Each State actor or tribal actor individual. designating a person as a sexually violent shall have in effect, throughout its jurisdic- ø(c) REQUIRED DISCLOSURES TO CRIMINAL predator. tion, a single public information program JUSTICE AGENCIES.—The Attorney General ø(c) DEFINITIONS.—In this section: that includes the following elements: shall disclose information in the National ø(1) MENTAL ABNORMALITY.—The term ø(1) INTERNET SITE.— Sex Offender Registry— ‘‘mental abnormality’’ means a congenital or ø(A) IN GENERAL.—The actor shall release ø(1) to Federal, State, and local criminal acquired condition of an individual that af- to the public, through an Internet site main- justice agencies— fects the emotional or volitional capacity of

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4082 CONGRESSIONAL RECORD — SENATE May 4, 2006

the individual in a manner that predisposes year to the actor under any of the following ø(6) INCORPORATION OF CERTAIN TRAINING that individual to the commission of crimi- programs: PROGRAMS.—Before implementing the SOMA nal sexual acts to a degree that makes the ø(A) BYRNE.—Subpart 1 of Part E of title I program, the Attorney General shall study person a menace to the health and safety of of the Omnibus Crime Control and Safe the feasibility of incorporating into the other persons. Streets Act of 1968 (42 U.S.C. 3750 et seq.), SOMA program the activities of any tech- ø(2) PREDATORY.—The term ‘‘predatory’’ whether characterized as the Edward Byrne nical assistance or training program estab- means an act directed at an individual Memorial State and Local Law Enforcement lished as a result of section 40152 of the Vio- (whether or not a relationship with that in- Assistance Programs, the Edward Byrne Me- lent Crime Control and Law Enforcement dividual has been established or promoted) morial Justice Assistance Grant Program, or Act of 1994 (42 U.S.C. 13941). In a case in for the primary purpose of victimization. otherwise. which incorporating such activities into the øSEC. 111. DUTY OF ATTORNEY GENERAL TO DE- ø(B) LLEBG.—The Local Government Law SOMA program will eliminate duplication of TERMINE WHETHER STATE OR TRIB- Enforcement Block Grants program. efforts or administrative costs, the Attorney AL ACTORS ARE QUALIFIED. ø(C) OTHER LAW ENFORCEMENT GRANTS.— General shall take administrative actions, as ø(a) IN GENERAL.—A determination of Any other program under which the Attor- allowable, and make recommendations to whether a State actor or tribal actor is ney General provides grants or other finan- Congress to incorporate such activities into qualified for purposes of this Act shall be cial assistance, except for the SOMA pro- the SOMA program. made by the Attorney General in accordance gram under this section. ø(d) INCENTIVES.— with this section. ø(2) REALLOCATION.—Amounts not allo- ø(1) BONUS PAYMENTS FOR EARLY COMPLI- ø(b) REQUIREMENTS.—The Attorney General cated under a program referred to in para- ANCE.—A State actor or tribal actor that has may determine that a State actor or tribal graph (1) to an actor for failure to fully im- fully implemented this Act within 2 years actor is qualified if, as determined by the At- plement this Act shall be reallocated under after the date of the enactment of this Act is torney General, each of the following apply: that program to State actors and tribal ac- eligible for a bonus payment under the ø(1) The actor has in effect, throughout its tors that have not failed to fully implement SOMA program for the fiscal year after the jurisdiction, laws that implement the re- this Act. Attorney General certifies that the actor has quirements of section 103, or substantially ø(c) SEX OFFENDER MANAGEMENT ASSIST- achieved full implementation. The amount similar requirements, with respect to each ANCE PROGRAM.— of the bonus payment shall be equal to 5 per- covered individual whose domicile is within ø(1) IN GENERAL.—From amounts made cent of the funds that the actor received that jurisdiction. available to carry out this subsection, the under the SOMA program for the preceding ø(2) The actor participates in the National Attorney General shall carry out a program, fiscal year. However, if the actor has fully Sex Offender Registry in the manner that to be known as the Sex Offender Manage- implemented this Act within 1 year after the Attorney General considers appropriate. ment Assistance program (in this section re- such date of enactment, the amount of the ø(3) The actor ensures that an audit of the ferred to as the ‘‘SOMA program’’), under bonus payment shall instead be equal to 10 activities carried out under this Act is car- which the Attorney General awards a grant percent of the funds that the actor received ried out at least once each year and that the to each State actor or tribal actor to offset under the SOMA program for the preceding findings of each audit are promptly reported costs directly associated with implementing fiscal year. An actor may receive a bonus to the Attorney General. this Act. payment under this paragraph only once dur- ø(c) REPORTS TO CONGRESS.—Each year, the ø(2) DISTRIBUTION OF FUNDS.—Each grant ing the course of the SOMA program. Attorney General shall submit to Congress a awarded under the SOMA program shall be ø(2) REDUCED PAYMENTS FOR LATE COMPLI- report identifying the extent to which each distributed directly to the State actor or ANCE.—A State actor or tribal actor that has State actor or tribal actor is qualified for tribal actor for distribution by that actor to failed to fully implement this Act within 3 purposes of this Act. public entities within that actor. years after the date of the enactment of this ø øSEC. 112. USE OF OTHER FEDERAL INFORMA- (3) USES.— Act is subject to a payment reduction under TION TO TRACK SEX OFFENDERS. ø(A) IN GENERAL.—Subject to subparagraph the SOMA program for the following fiscal ø(a) TAXPAYER INFORMATION.—The Sec- (B), each grant awarded under the SOMA year. The amount of the payment reduction retary of the Treasury, in coordination with program shall be used for training, salaries, shall be equal to 5 percent of the funds that the Attorney General, shall develop and equipment, materials, and other costs di- would otherwise be allocated to the actor maintain a system under which taxpayer in- rectly associated with implementing this under the SOMA program for that fiscal formation that pertains to a covered indi- Act, including the costs of acquiring and year. In addition, if the actor has failed to vidual and is useful in locating the indi- using devices in carrying out section 104. fully implement this Act within 4 years after ø vidual, or in verifying information with re- (B) DATABASES OF INDIVIDUALS IN CUS- such date of enactment, the amount of the spect to the individual, is made available to TODY.—Up to 10 percent of a grant awarded payment reduction shall be equal to 10 per- Federal, State, and local law enforcement under the SOMA program may be used to cent of the funds that would otherwise be al- agencies for use by those agencies in a man- participate in one or more databases that located to the actor under the SOMA pro- ner consistent with this Act. identify individuals in custody, such as the gram for that fiscal year. An actor may be ø(b) SOCIAL SECURITY INFORMATION.—The JusticeXchange database. subject to a payment reduction under this Secretary of Health and Human Services, in ø(4) ELIGIBILITY.— paragraph only twice during the course of coordination with the Attorney General, ø(A) APPLICATION.—To be eligible to re- the SOMA program. shall develop and maintain a system under ceive a grant under the SOMA program, the ø(e) REPORTS TO CONGRESS.—Each year, the which Social Security information that per- chief executive of a State actor or tribal Attorney General shall submit to Congress a tains to a covered individual and is useful in actor shall, on an annual basis, submit to the report identifying the extent to which each locating the individual, or in verifying infor- Attorney General an application (in such State actor or tribal actor has fully imple- mation with respect to the individual, is form and containing such information as the mented this Act. made available to Federal, State, and local Attorney General may reasonably require) øSEC. 114. IMMUNITY FOR GOOD FAITH CON- law enforcement agencies for use by those assuring that— DUCT. agencies in a manner consistent with this ø(i) the actor has fully implemented (or is øA law enforcement agency, an employee Act. making a good faith effort to fully imple- of a law enforcement agency, a contractor acting at the direction of a law enforcement øSEC. 113. IMPLEMENTATION BY STATE AND ment) this Act; and TRIBAL ACTORS AND ASSISTANCE ø(ii) where applicable, the actor has pen- agency, and an officer of a State actor or GRANTS TO THOSE ACTORS. alties comparable to or greater than Federal tribal actor are immune from liability for ø(a) IMPLEMENTATION BY STATE AND TRIBAL penalties for crimes listed in this Act, except good faith efforts to carry out this Act. ACTORS.— that the Attorney General may waive the re- øSEC. 115. REGULATIONS. ø(1) IN GENERAL.—Each State actor or trib- quirement of this clause if an actor dem- øThe Attorney General shall issue regula- al actor shall have not more than 3 years onstrates an overriding need for assistance tions to carry out this Act. from the date of the enactment of this Act in under the SOMA program. øSEC. 116. AUTHORIZATION OF APPROPRIATIONS. which to fully implement this Act. ø(B) REGULATIONS.—Not later than 90 days øThere is authorized to be appropriated for ø(2) IMPLEMENTATION BY TRIBES AND IN IN- after the date of the enactment of this Act, each of fiscal years 2006 through 2009 such DIAN COUNTRY.—The Attorney General shall the Attorney General shall promulgate regu- sums as may be necessary to carry out this coordinate with the Secretary of the Interior lations to implement the procedures used Act. to assist tribal actors in fully implementing (including the information that must be in- øTITLE II—AMENDATORY PROVISIONS, this Act throughout the jurisdiction of each cluded and the requirements that the State TRANSITION PROVISIONS, AND EFFEC- tribal actor. actors or tribal actors must meet) in submit- TIVE DATE ø(b) INELIGIBILITY FOR FUNDS.— ting an application under the SOMA pro- øSEC. 201. FAILURE TO PROVIDE INFORMATION A ø(1) IN GENERAL.—For any fiscal year after gram. DEPORTABLE OFFENSE. the expiration of the period specified in sub- ø(5) ALLOCATION OF FUNDS.—In allocating øSection 237(a)(2)(A) of the Immigration section (a)(1), a State actor or tribal actor funds under the SOMA program, the Attor- and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is that fails to fully implement this Act shall ney General may consider the number of cov- amended— not receive 10 percent of the funds that ered individuals registered in each actor’s ø(1) by redesignating clause (v) as clause would otherwise be allocated for that fiscal registry. (vi); and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4083 ø(2) by inserting after clause (iv) the fol- Sec. 303. Increased penalties for sexual offenses ward the minor is proved beyond a reasonable lowing new clause: against children. doubt. ø‘‘(v) FAILURE TO PROVIDE REGISTRATION IN- TITLE IV—JESSICA LUNSFORD AND SARAH (ii) False imprisonment of a minor, except by FORMATION AS A SEX OFFENDER.—Any alien LUNDE ACT a parent or guardian of the minor, if sexual who is convicted under subsection (d) of sec- conduct toward the minor is proved beyond a Sec. 401. Short title. tion 103 of the Sex Offender Registration and reasonable doubt. Sec. 402. Pilot program for monitoring sexual Notification Act of a violation of subsection (iii) Criminal sexual conduct toward a minor. offenders. (a) or (b) of such section is deportable.’’. (iv) Solicitation of a minor to engage in sexual TITLE V—MISCELLANEOUS PROVISIONS øSEC. 202. REPEAL. conduct. øSections 170101 (42 U.S.C. 14071) and 170102 Sec. 501. Access to Interstate Identification (v) Use of a minor in a sexual performance. (42 U.S.C. 14072) of the Violent Crime Control Index. (vi) Solicitation of a minor to practice pros- and Law Enforcement Act of 1994 are re- Sec. 502. Limitation on liability for NCMEC. titution. (vii) Possession, production, or distribution of pealed. Sec. 503. Missing child reporting requirements. child pornography, as described in section 2251, ø Sec. 504. Treatment and management of sex of- SEC. 203. CONFORMING AMENDMENTS TO TITLE 2252, or 2252A of title 18, United States Code. 18, UNITED STATES CODE. fenders in the Bureau of Prisons. (viii) Use of the Internet to facilitate or com- øThe following provisions of title 18, Sec. 505. Authorization for American Prosecu- tors Research Institute. mit a covered offense against a minor or to at- United States Code, are each amended by tempt to commit such an offense against an striking ‘‘and that the person register in any Sec. 506. Sex offender apprehension grants. Sec. 507. Access to Federal crime information agent of the government who has been rep- State where the person resides, is employed, resented to be a minor. carries on a vocation, or is a student (as such databases by educational agencies for certain purposes. (ix) Video voyeurism as described in section terms are defined under section 170101(a)(3) 1801 of title 18, United States Code, when com- of the Violent Crime Control and Law En- Sec. 508. Grants to combat sexual abuse of chil- dren. mitted against a minor. forcement Act of 1994)’’ and inserting ‘‘and (x) An attempt or conspiracy to commit any of that the person comply with the Sex Of- Sec. 509. Severability. Sec. 510. Failure to provide information a de- the offenses listed in this definition. fender Registration and Notification Act’’: (B) CONVICTIONS UNDER THE LAWS OF A FOR- ø portable offense. (1) PROBATION.—Section 3563(a)(8). EIGN COUNTRY.—The term ‘‘covered offense ø(2) SUPERVISED RELEASE.—Section 3583(d). Sec. 511. Repeal. Sec. 512. Conforming amendments to title 18, against a minor’’ includes convictions for of- øSEC. 204. EFFECTIVE DATE. United States Code. fenses specified in subparagraph (A) that have øThis Act and the amendments made by been obtained under the laws of any foreign na- this Act take effect on the date that is 6 TITLE VI—COMPREHENSIVE tion that has been certified by the Attorney months after the date of the enactment of EXAMINATION OF SEX OFFENDER ISSUES General, after notice and an opportunity for a this Act.¿ Sec. 601. Comprehensive examination of sex of- hearing, as having a sufficiently reliable crimi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. fender issues. nal justice system. (a) SHORT TITLE.—This Act may be cited as— SEC. 2. EFFECTIVE DATE. (C) EXCEPTION FOR CERTAIN OFFENSES.—The (1) the ‘‘Jacob Wetterling, Megan Nicole This Act and the amendments made by this term ‘‘covered offense against a minor’’ does not Kanka, and Pam Lychner Sex Offender Reg- Act take effect on the date that is 6 months after include an offense if the conduct on which the istration and Notification Grant Act’’; the date of the enactment of this Act. offense is based is criminal only because of the age of the victim, and if individual had com- (2) the ‘‘Sex Offender Registration and Notifi- TITLE I—JACOB WETTERLING, MEGAN NI- mitted the offense either had not attained the cation Act’’; or COLE KANKA, AND PAM LYCHNER SEX age of 18 years or was less than 4 years older (3) the ‘‘Jetseta Gage Prevention and Deter- OFFENDER REGISTRATION AND NOTIFI- than the victim when the offense was com- rence of Crimes Against Children Act of 2005’’. CATION GRANT PROGRAM (b) TABLE OF CONTENTS.—The table of con- mitted. tents for this Act is as follows: SEC. 101. JACOB WETTERLING, MEGAN NICOLE (3) DOMICILE.—The term ‘‘domicile’’ means, KANKA, AND PAM LYCHNER SEX OF- with respect to an individual, any place that Sec. 1. Short title; table of contents. FENDER REGISTRATION AND NOTIFI- Sec. 2. Effective date. CATION GRANT PROGRAM. serves as the primary place at which the indi- vidual lives. The Attorney General shall establish guide- TITLE I—JACOB WETTERLING, MEGAN NI- (4) DOMICILE STATE.—The term ‘‘domicile lines for States’ sex offender registration pro- COLE KANKA, AND PAM LYCHNER SEX State’’ means, with respect to an individual, the grams pursuant to this title. Collectively, the OFFENDER REGISTRATION AND NOTIFI- State within the jurisdiction of which is the in- guidelines and the programs shall be known as CATION GRANT PROGRAM dividual’s domicile. the ‘‘Jacob Wetterling, Megan Nicole Kanka, Sec. 101. Jacob Wetterling, Megan Nicole (5) EDUCATIONAL INSTITUTION.—The term and Pam Lychner Sex Offender Registration Kanka, and Pam Lychner Sex Of- ‘‘educational institution’’ includes (whether and Notification Program’’. fender Registration and Notifica- public or private) any secondary school, trade tion Grant Program. SEC. 102. DEFINITIONS. or professional institution, and institution of Sec. 102. Definitions. In this title: higher education. Sec. 103. Assistance grants to participating (1) COVERED INDIVIDUAL.—The term ‘‘covered (6) EMPLOYMENT.—The term ‘‘employment’’ States. individual’’ means any adult or juvenile in a includes carrying on a vocation and covers any Sec. 104. Duty of covered individuals to provide participating domicile State, participating work labor or service rendered (whether as a volun- information. State, or participating school State convicted as teer or for compensation or for government or Sec. 105. Duties of Attorney General and par- an adult— educational benefit) on a full-time or part-time ticipating States. (A) who has been convicted of a covered of- basis. Sec. 106. Participating state sex offender reg- fense against a minor; (7) MINOR.—The term ‘‘minor’’ means any istries. (B) who has been convicted of a sexually vio- person who has not attained the age of 18 years Sec. 107. Development and availability of reg- lent offense; or the age of consent in the relevant jurisdic- istry management software. (C) who has been convicted of an offense de- tion, whichever age is lower. Sec. 108. Election by Indian tribes. scribed in paragraph (2); (8) NATIONAL SEX OFFENDER REGISTRY.—The Sec. 109. Provision of notice and access to In- (D) who has been convicted of an offense term ‘‘National Sex Offender Registry’’ means dian tribes. under State law that is similar to the offenses the database maintained by the Attorney Gen- Sec. 110. Applicability to minors. described in described in paragraph (2); eral pursuant to section 105. Sec. 111. Rule of construction. (E) who is described in section 4042(c)(4) of (9) NATIONAL SEX OFFENDER PUBLIC REG- Sec. 112. Immunity for good faith conduct. title 18, United States Code, except for those ISTRY.—The term ‘‘National Sex Offender Public Sec. 113. State unconstitutionality. convicted of a violation of section 2257 or 2258 of Registry’’ means the Internet site maintained by Sec. 114. Regulations. title 18, United States Code; or the Attorney General pursuant to section 202. Sec. 115. Authorization of appropriations. (F) who has been sentenced by a court martial (10) PARTICIPATING STATE.—The term ‘‘partici- Sec. 116. Effect on current law. for conduct in a category specified by the Sec- pating State’’ means a State participating in the TITLE II—DRU SJODIN NATIONAL SEX retary of Defense under section 115(a)(8)(C) of grant program authorized under this title. OFFENDER PUBLIC DATABASE ACT OF 2005 title I of Public Law 105–119 (10 U.S.C. 951 (11) SCHOOL STATE.—The term ‘‘school State’’ note). means, with respect to an individual, the State Sec. 201. Short title and definitions. (2) COVERED OFFENSE AGAINST A MINOR.— within the jurisdiction of which the educational Sec. 202. National sex offender public registry. (A) IN GENERAL.—Except as provided in sub- institution at which the individual is a student Sec. 203. Release of high-risk inmates. paragraph (C), the term ‘‘covered offense is located. TITLE III—JETSETA GAGE PREVENTION against a minor’’ means an offense (whether (12) SEXUALLY VIOLENT OFFENSE.—The term AND DETERRENCE OF CRIMES AGAINST under the law of a State, Federal law, or mili- ‘‘sexually violent offense’’ means an offense CHILDREN ACT OF 2005 tary law) that is comparable to or more severe (whether under the law of a State, Federal law, Sec. 301. Short title. than any of the following offenses: military law, or the law of a foreign country) Sec. 302. Assured punishment for violent crimes (i) Kidnapping of a minor, except by a parent that is comparable to or more severe than any of against children. or guardian of the minor, if sexual conduct to- the following offenses:

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4084 CONGRESSIONAL RECORD — SENATE May 4, 2006 (A) Aggravated sexual abuse or sexual abuse General may consider the number of covered in- pating domicile State, participating work State (as described in sections 2241 and 2242 of title 18, dividuals registered in each participating State’s (if different from the participating domicile United States Code). registry. State), and participating school State (if dif- (B) An attempt or conspiracy to commit such (6) INCORPORATION OF CERTAIN TRAINING PRO- ferent from the participating domicile State) and an offense. GRAMS.— submit to the taking of a photograph. (13) STATE.—The term ‘‘State’’ means any of (A) STUDY.—During the course of imple- (3) FINGERPRINTS.—During the time period the following: menting the SOMA program, the Attorney Gen- specified in accordance with paragraph (4), the (A) A State. eral shall study the feasibility of incorporating individual shall appear before persons des- (B) The District of Columbia, the Common- into the SOMA program the activities of any ignated by the individual’s participating domi- wealth of Puerto Rico, Guam, American Samoa, technical assistance or training program estab- cile State, participating work State (if different the United States Virgin Islands, or the North- lished as a result of section 40152 of the Violent from the participating domicile State), and par- ern Mariana Islands. Crime Control and Law Enforcement Act of 1994 ticipating school State (if different from the par- (C) A federally recognized Indian tribe that (42 U.S.C. 13941). ticipating domicile State) and submit to the tak- has elected in accordance with section 108 to (B) INCORPORATING.—In a case in which in- ing of fingerprints. This paragraph does not carry out this Act as a jurisdiction subject to its corporating such activities into the SOMA pro- apply if the State determines that it already has provisions. gram will eliminate duplication of efforts or ad- a valid set of fingerprints in its possession. (14) STUDENT.—The term ‘‘student’’ means an ministrative costs, the Attorney General shall (4) TIMING OF INITIAL REGISTRATION.—The At- individual who, whether on a full-time or part- take administrative actions, as allowable, and torney General shall prescribe the time period time basis, enrolls in or attends an educational make recommendations to Congress to incor- within which a covered individual must fulfill institution. porate such activities into the SOMA program. the initial registration requirements set forth in (15) TIER I INDIVIDUAL.—The term ‘‘Tier I in- (b) INCENTIVES; BONUS PAYMENTS FOR EARLY paragraphs (1), (2), and (3). dividual’’ means an individual required to reg- COMPLIANCE.— (5) ONGOING REGISTRATION.— ister under this title who is subject to the least (1) BONUS.—A participating State that has (A) IN GENERAL.—The ongoing registration re- intensive registration requirements, as deter- substantially implemented this title within 2 quirement under paragraph (1) is— mined in accordance with criteria promulgated years after the date of the enactment of this Act (i) for Tier I individuals every 12 months; under section 106(b)(1)(E). is eligible for a bonus payment under the SOMA (ii) for Tier II individuals every 6 months; and (16) TIER II INDIVIDUAL.—The term ‘‘Tier II in- program for the fiscal year after the Attorney (iii) for Tier III individuals every 3 months. dividual’’ means an individual required to reg- General certifies that the participating State has (B) EXEMPTION.—A covered individual is ex- ister under this title who is subject to more in- achieved substantial implementation. empt from the ongoing registration requirement tensive registration requirements than Tier I in- (2) AMOUNT.—The amount of the bonus pay- of this subsection if the covered individual is in- dividuals, as determined in accordance with cri- ment under paragraph (1) shall be— carcerated at the time specified in subparagraph teria promulgated under section 106(b)(1)(E). (A) equal to 5 percent of the funds that the (A). (17) TIER III INDIVIDUAL.—The term ‘‘Tier III participating State received under the SOMA (6) COVERED INDIVIDUAL IN CUSTODY OF A individual’’ means an individual required to program for the preceding fiscal year; or STATE OTHER THAN DOMICILE STATE.—A covered register under this title who is subject to the (B) if the participating State has substantially individual who, during the time period specified most intensive registration requirements, as de- implemented this title within 1 year after the in accordance with paragraph (4), is in the cus- termined in accordance with criteria promul- date of enactment of this Act, the amount of the tody of a participating State that is not the in- gated under section 106(b)(1)(E). bonus payment shall be equal to 10 percent of dividual’s participating domicile State, shall ful- (18) WORK STATE.—The term ‘‘work State’’ fill the initial registration requirements set forth means, with respect to an individual, the State the funds that the participating State received in paragraphs (1), (2), and (3) by providing the within the jurisdiction of which the individual’s under the SOMA program for the preceding fis- specified information to an appropriate official current place of employment is located or, if the cal year. NE PAYMENT.—A participating State may of the jurisdiction that is holding the individual individual is unemployed, the individual’s most (3) O receive a bonus payment under this subsection in custody. The official shall promptly make recent place of employment. only once during the course of the SOMA pro- available that information to the individual’s SEC. 103. ASSISTANCE GRANTS TO PARTICI- domicile State. PATING STATES. gram. (c) REPORTS TO CONGRESS.—Each year, the (7) INDIVIDUAL IN FEDERAL OR MILITARY CUS- (a) SEX OFFENDER MANAGEMENT ASSISTANCE Attorney General shall submit to Congress a re- TODY.—Whenever an individual is a covered in- PROGRAM.— dividual on the basis of subparagraph (C), (E) (1) IN GENERAL.—From amounts made avail- port identifying the extent to which each par- or (F) of section 102(1), the procedure upon re- able to carry out this subsection, the Attorney ticipating State has implemented this title. lease or sentencing of the individual shall be as General shall carry out a program, to be known SEC. 104. DUTY OF COVERED INDIVIDUALS TO provided in section 4042(c) of title 18, United as the Sex Offender Management Assistance PROVIDE INFORMATION. States Code, or section 115(a)(8)(C) of title I of program (in this section referred to as the (a) INFORMATION REQUIRED PERIODICALLY.— Public Law 105–119. The individual shall ‘‘SOMA program’’), under which the Attorney A covered individual shall, for the life of that promptly register and continue to register as General may award grants to participating individual (except as provided in this section), provided in this section in each participating States to offset costs directly associated with im- provide information as follows: domicile, work, and school State of the indi- plementing this title. (1) REGISTRATION INFORMATION.—Initially (2) DISTRIBUTION OF FUNDS.—Each grant during the time period specified in accordance vidual. To the extent that any procedure or re- awarded under the SOMA program shall be dis- with paragraph (4), and thereafter as provided quirement of this section cannot be applied to tributed directly to the participating State for in paragraph (5), the individual shall— the individual, the Attorney General may speci- distribution by that participating State to public (A) appear before persons designated by the fy alternative procedures and requirements for entities, including local governments and law individual’s participating domicile State, par- the registration of such individuals in partici- enforcement agencies, within that participating ticipating work State (if different from the par- pating domicile, work, and school States. State. ticipating domicile State), and participating (8) RETROACTIVE APPLICATION.—The Attorney (3) USES.—Up to 10 percent of a grant award- school State (if different from the participating General shall have the authority to— ed under the SOMA program may be used to domicile State); and (A) specify the applicability of the require- participate in 1 or more databases that identify (B) provide to such persons— ments of this title to individuals who are cov- individuals in custody. (i) the individual’s name and aliases; ered individuals based on a conviction or sen- (4) ELIGIBILITY.— (ii) the individual’s Social Security number; tencing that occurred prior to the date of enact- (A) IN GENERAL.—To be eligible to receive a (iii) the address where the individual main- ment or who are, as of the date of enactment of grant under the SOMA program in a fiscal year tains or will maintain his domicile; this Act, incarcerated or under a non- and except as provided in subparagraph (B), the (iv) a photocopy of a valid driver’s license or incarcerative sentence for some other offense; chief executive of a participating State shall identification card issued to the individual from (B) specify the applicability of the require- submit to the Attorney General an application the Department of Motor Vehicles in the indi- ments of this title to all other individuals who (in such form, at such a time, and containing vidual’s domicile State; are covered individuals based on a conviction or such information as the Attorney General may (v) the license plate number of, and other sentencing that occurred prior to the enactment reasonably require) assuring that— identifying information with respect to, each ve- date of enactment of this Act or the implementa- (i) the participating State has substantially hicle owned or operated by the individual; tion of the requirements of this title by a partici- implemented (or is making a good faith effort to (vi) the name and address of the place where pating State; and substantially implement) this title; and the individual is employed or will be employed; (C) specify procedures and methods for the (ii) the participating State has made the fail- and registration of individuals to whom the require- ure of a covered individual to register as re- (vii) the name and address of any educational ments of this title apply pursuant to subpara- quired a felony. institution at which the individual is a student graph (A) or (B). (B) EXCEPTION.—The Attorney General may or will be a student. (b) REQUIREMENT TO REGISTER AND KEEP REG- waive the requirement of subparagraph (A) if a (2) PHOTOGRAPH.—Initially during the time ISTRATION INFORMATION CURRENT.— participating State demonstrates an overriding period specified in accordance with paragraph (1) REGISTRATION REQUIREMENT.—A covered need for assistance under the SOMA program. (4), and thereafter at least once every 12 individual shall, for the life of that individual (5) ALLOCATION OF FUNDS.—In allocating months, the individual shall appear before per- (except as provided in this section), promptly funds under the SOMA program, the Attorney sons designated by the individual’s partici- register in each participating domicile, work,

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4085 and school State of the individual and keep the shall be fined under this title and imprisoned (i) the duty to register has been explained to registration information current. To the extent according to the penalties in paragraphs (2) and the individual; that the procedures or requirements for reg- (3). (ii) the individual’s ongoing obligations under istering or updating registration information in (2) FIRST CONVICTION.—On the first conviction this title have been explained to the individual; any participating domicile, work, or school under paragraph (1)— and State are not fully specified in this section, the (A) a Tier I individual shall be fined under (iii) the individual understands the registra- Attorney General may specify such procedures title 18, United States Code, or imprisoned not tion requirements; and and requirements. more than 3 years, or both; (C) ensure that the individual has completed (2) CHANGES TO REGISTRATION INFORMATION (B) a Tier II individual shall be fined under the initial registration process. OF CERTAIN OFFENDERS.—The following shall title 18, United States Code, or imprisoned not (2) APPROPRIATE TIME PERIOD.—The Attorney apply to changes of registration information more than 5 years, or both; and General shall prescribe an appropriate time pe- under this section for Tier II and Tier III indi- (C) a Tier III individual shall be fined under riod during which the requirements set forth in viduals: title 18, United States Code, or imprisoned not paragraph (1) shall be fulfilled. (A) CHANGE OF NAME.—Not more than 5 days more than 10 years, or both. (3) FULFILLMENT.—The requirements of para- after changing his or her name, the individual (3) SUBSEQUENT CONVICTIONS.—On any con- graph (1) shall be fulfilled— shall appear before persons designated by the viction after the first under paragraph (1)— (A) before a covered individual has been re- individual’s participating domicile State, par- (A) a Tier I individual shall be fined under leased from custody; or (B) if the covered individual is not in custody, ticipating work State (if different from the par- title 18, United States Code, or imprisoned not shortly after the individual has been sentenced. ticipating domicile State), and participating more than 10 years, or both; (b) OBTAINING AND SHARING INFORMATION.— school State (if different from the participating (B) a Tier II individual shall be fined under (1) OBTAINING INFORMATION.—When an indi- domicile State) and provide the new name. title 18, United States Code, or imprisoned not more than 20 years, or both; and vidual appears before the Attorney General or a (B) CHANGE OF ADDRESS.—Not more than 5 (C) a Tier III individual shall be fined under participating State to provide information pur- days before or after establishing a new domicile, title 18, United States Code, or imprisoned for suant to this title (including information such the individual shall— as photographs and fingerprints), the Attorney (i) appear before persons designated by the in- any term of years or for life, or both. (4) AFFIRMATIVE DEFENSE.—In a prosecution General (or the participating State, or both, as dividual’s participating domicile State, partici- for a violation under this section, it is an af- the case may be) shall— pating work State (if different from the partici- firmative defense— (A) ensure that the individual complies with pating domicile State), and participating school (A) that uncontrollable circumstances pre- the applicable requirements of this title; State (if different from the participating domi- vented the individual from complying; (B) ensure that the information provided is cile State) and provide the address of the new (B) the individual did not contribute to the accurate and complete; and domicile and the address of the previous domi- creation of such circumstances in reckless dis- (C) ensure that the information provided is cile; and regard of the requirement to comply; and promptly entered into the appropriate records or (ii) if the new domicile and the previous domi- (C) the individual complied as soon as such data system of the participating State. cile are not both within the jurisdiction of a sin- circumstances ceased to exist. (2) SHARING INFORMATION.— gle participating State under this Act— (5) CONTINUING VIOLATIONS.—A violation (A) DOMICILE STATE.—The domicile State of (I) appear before a person designated by the under this section is a continuing violation for an individual, and the State which originally individual’s previous participating domicile purposes of the statute of limitations. registers the individual if different from the State (and appear before persons designated by (6) EXCEPTIONS.—An individual may petition domicile State, shall promptly notify each domi- the individual’s participating work State (if dif- for relief from the requirements of subsections cile, work, and school State of the individual of ferent from the previous participating domicile (a) and (b) based on a claim that— which it is aware concerning the individual’s State) and participating school State (if dif- (A) the conviction that subjected the indi- domicile, employment, or student status in such ferent from the previous participating domicile vidual to those requirements has been over- State and shall make available to each such State)) and fulfill the requirements of clause (i); turned; State the information concerning the individual. and (B) the individual’s inclusion on the applica- (B) CHANGE IN DOMICILE.—If a domicile State (II) appear before a person designated by the ble registry is the result of an administrative or of an individual is informed by the individual, individual’s new participating domicile State clerical error; or or otherwise becomes aware, that there will be to— (C) the individual has been pardoned by the or has been a change in the individual’s domi- (aa) provide the designated person the address chief executive of the jurisdiction in which the cile State, the domicile State shall promptly no- of the new domicile and the address of the pre- individual was convicted of the crime that sub- tify the new domicile State and make available vious domicile; and jected the individual to the requirements of sub- to the new domicile State the information con- (bb) submit to the taking of a photograph sections (a) and (b). cerning the individual. and, unless the participating State determines (d) EXCEPTIONS FOR CERTAIN INDIVIDUALS.— (C) AVAILABLE INFORMATION.—A domicile that it already possesses a valid set, finger- Subsections (a) and (b) apply to any covered in- State shall promptly make available the infor- prints. dividual, except as provided as follows: mation concerning an individual to a law en- (C) CHANGE OF EMPLOYMENT.—Not more than (1) TIER I INDIVIDUALS.—The individual is a forcement agency or agencies in the State hav- 5 days before or after beginning, or ceasing, em- Tier I individual and both of the following ing jurisdiction where— ployment by an employer, the individual shall apply: (i) the individual’s domicile is located; appear before, and provide notice of the begin- (A) The individual has only 1 conviction for (ii) the individual’s place of employment is lo- ning or ceasing, and the name and address of an offense that qualifies the individual as a cov- cated; and the employer, to— ered individual. (iii) any educational institution at which the (i) a person designated by the individual’s (B) A period of at least 10 years, excluding en- individual is a student is located. participating domicile State; and suing periods of incarceration, has expired since (c) ENTRY OF INFORMATION INTO THE NA- (ii) if the individual’s participating work State the date on which the individual was sentenced TIONAL SEX OFFENDER REGISTRY.— is different from the domicile State, a person for, or completed the term of imprisonment for, (1) MAINTENANCE OF A NATIONAL SEX OF- designated by the individual’s participating the conviction described in subparagraph (A). FENDER REGISTRY.—The Attorney General shall work State. (2) TIER II INDIVIDUALS.—The individual is a maintain a national database at the Federal (D) CHANGE OF STUDENT STATUS.—Not more Tier II individual and both of the following Bureau of Investigation, to be known as the Na- than 5 days before, after beginning, or ceasing apply: tional Sex Offender Registry, which shall in- to be a student at an educational institution, (A) The individual has only 1 conviction for clude information concerning covered individ- the individual shall appear before, and provide an offense that qualifies the individual as a cov- uals who are required to register in the sex of- notice of the beginning or ceasing, and the name ered individual. fender registry of any jurisdiction. Information and address of the educational institution, to— (B) A period of at least 20 years, excluding en- may be released from the National Sex Offender (i) a person designated by the individual’s suing periods of incarceration, has expired since Registry to criminal justice agencies, and to participating domicile State; and the date on which the individual was sentenced other entities as the Attorney General may pro- (ii) if the individual’s participating school for, or completed the term of imprisonment for, vide. State is different from the domicile State, a per- the conviction described in subparagraph (A). (2) PARTICIPATION IN THE NATIONAL SEX OF- son designated by the individual’s participating SEC. 105. DUTIES OF ATTORNEY GENERAL AND FENDER REGISTRIES.—Each participating State school State. PARTICIPATING STATES. shall, in the time and manner provided by the (c) PUNISHMENT.— (a) DUTY TO OBTAIN ACKNOWLEDGMENT OF Attorney General— (1) IN GENERAL.—Whoever— OBLIGATIONS.— (A) submit to the Attorney General the infor- (A) knowingly fails to register in any jurisdic- (1) IN GENERAL.—During the time period speci- mation concerning each covered individual tion in which such person is required to register fied in paragraph (2), an appropriate official under this title, which shall be included in the under this title; and shall— National Sex Offender Registry or other data- (B)(i) has been convicted of a Federal offense, (A) inform each covered individual of the duty bases as appropriate; an offense under the Uniform Code of Military to register and of that individual’s ongoing obli- (B) submit the information described in sub- Justice, or a tribal offense, for which registra- gations under this title; paragraph (A) in a manner that allows the At- tion is required by such Act or law; or (B) require the individual to read and sign a torney General to include it in the National Sex (ii) travels in interstate or foreign commerce. form affirming that— Offender Registries; and

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4086 CONGRESSIONAL RECORD — SENATE May 4, 2006 (C) participate in the National Sex Offender Internet site or registry, at the discretion of the (2) ensure that such software operates in such Public Registry maintained pursuant to section participating State. a manner that a participating State can, by 202. (iv) LINKS.—The site shall include, as much as using the software, fully comply with all the re- (d) WHEN A COVERED INDIVIDUAL IS MISS- practicable, links to sex offender safety and quirements under this title for managing and ex- ING.— education resources. changing information (including exchanging in- (1) STATE.—Whenever a participating State is (B) INTEGRATION OF STATE SITES.—The par- formation with other States). unable to verify the address of or locate a cov- ticipating State shall consult with other States (b) AVAILABILITY TO STATES.—The Attorney ered individual, the participating State shall to ensure, as much as practicable, that the site General shall make the software developed promptly notify the Attorney General. integrates with and shares information with the under this section available to States. The first (2) ATTORNEY GENERAL.—Whenever informa- sites maintained by those other States. complete edition of the software shall be made tion is made known to the Attorney General (C) CORRECTION OF ERRORS.—The site shall available within 2 years after the date of the en- under paragraph (1) that a State is unable to contain instructions on the process for cor- actment of this Act. verify the address of or locate a covered indi- recting information that a person alleges to be (c) SUPPORT.—The Attorney General shall en- vidual, the Attorney General shall— erroneous. sure that States are provided technical support (A) revise the National Sex Offender Registry (D) WARNING.—The site shall include a warn- for the installation of the software and for to reflect that information; and ing that the information presented should not be maintaining the software. (B) add the name of the individual to the used to injure, harass, or commit a criminal act SEC. 108. ELECTION BY INDIAN TRIBES. wanted person file of the National Crime Infor- against any individual named in the registry or (a) ELECTION.— residing or working at any reported address. mation Center and create a wanted persons (1) IN GENERAL.—A federally recognized In- record if an arrest warrant that meets the re- The warning shall note that any such action dian tribe may, by resolution or other enactment quirements for entry into the file is issued in could result in criminal prosecution. of the tribal council or comparable governmental connection with the violation. (E) TIER DESIGNATION.— body— (i) IN GENERAL.—The participating State shall (3) INVESTIGATION.—The Attorney General (A) elect to carry out this title as a jurisdic- establish 3 tier designations. The tier designa- shall use the authority provided in section tion subject to its provisions; or tion of an individual shall be determined under 566(e)(1)(B) of title 28, United States Code, the (B) elect to delegate its functions under this criteria promulgated by the participating State authority to investigate offenses under chapter title to a participating State or participating in accordance with the participating State’s re- 49 of title 18, United States Code, and the au- States within which the territory of the tribe is sources and local priorities. thority provided in any other relevant provision located and to provide access to its territory and (ii) SEXUALLY VIOLENT OFFENDERS.—All indi- of law, as appropriate, to assist States and other such other cooperation and assistance as may be viduals convicted of sexually violent offenses jurisdictions in locating and apprehending cov- needed to enable such participating State or shall be designated as Tier III individuals. ered individuals and any other individuals who participating States to carry out and enforce the (iii) PHYSICAL CONTACT OF A SEXUAL NATURE violate sex offender registration requirements. requirements of this title. (e) AUTHORIZATION OF APPROPRIATIONS.— WITH A MINOR.—All individuals convicted of any (2) ELECTION.—A tribe shall be treated as if it offense, an element of which is physical contact There are authorized to be appropriated such had made the election described in paragraph of a sexual nature with a minor, shall be des- sums as may be necessary for fiscal years 2006 (1)(B) if— ignated as Tier II or Tier III individuals. through 2008 to carry out this section. (A) it is a tribe subject to the law enforcement (2) COMMUNITY NOTIFICATION.— SEC. 106. PARTICIPATING STATE SEX OFFENDER jurisdiction of a participating State under sec- REGISTRIES. (A) TIER II INDIVIDUALS.—Appropriate law en- forcement agencies in participating States shall tion 1162 of title 18, United States Code; (a) STATEWIDE REGISTRY REQUIRED.—Each (B) the tribe does not make an election under release information collected under this title re- participating State shall maintain, throughout paragraph (1) within 1 year of the enactment of lating to Tier II individuals to public and pri- its jurisdiction, a single comprehensive registry this Act or rescinds an election under paragraph vate schools, including institutions of higher of information collected under this title. (1)(A); or learning, child care providers, and businesses (b) RELEASE OF INFORMATION IN REGISTRY.— (C) the Attorney General determines that the that provide services or products to children, lo- Each participating State shall have in effect, tribe has not implemented the requirements of cated within a radius, prescribed by the partici- throughout its jurisdiction, a single public infor- this title and is not likely to become capable of pating State, of the home or work address of the mation program that includes the following ele- doing so within a reasonable amount of time. individual. ments: (b) COOPERATION BETWEEN PARTICIPATING (1) INTERNET SITE.— (B) TIER III INDIVIDUALS.—Appropriate law STATE AND TRIBAL AUTHORITIES.— (A) INFORMATION.— enforcement agencies in participating States (1) NONDUPLICATION.—A tribe subject to this (i) IN GENERAL.—Except as provided in clause shall release information collected under this title is not required for purposes of this title to (iii), the participating State shall release to the title relating to Tier III individuals to— duplicate functions under this title which are public, through an Internet site maintained by (i) public and private schools, including insti- fully carried out by a participating State or par- the State that shall have multiple field search tutions of higher learning, child care providers, ticipating States within which the territory of capability, the following information for Tier II and businesses that provide services or products the tribe is located. and III individuals whose domicile State, work to children, located within a radius, prescribed (2) COOPERATIVE AGREEMENTS.—A tribe may, State, or school State is the same as the partici- by the participating State, of the home or work through cooperative agreements with such a pating State: address of the individual; and participating State or participating States— (I) The name and any known aliases of the (ii) residents who reside within a radius, pre- (A) arrange for the tribe to carry out any individual. scribed by the participating State, of the home function of the participating State under this (II) The date of birth of the individual. or work address of the individual. (III) A physical description of the individual. (c) PUBLICATION OF NUMBER OF OFFENDERS title with respect to sex offenders subject to the (IV) The current photograph of the indi- REGISTERED.— tribe’s jurisdiction; and vidual. (1) IN GENERAL.—Every 6 months, the Attor- (B) arrange for the participating State to (V) The domicile address of the individual. ney General shall collect from each State infor- carry out any function of the tribe under this (VI) The address of the individual’s place of mation on the total number of covered individ- title with respect to sex offenders subject to the employment. uals included in the registry maintained by that tribe’s jurisdiction. (VII) The address of any educational institu- State. SEC. 109. PROVISION OF NOTICE AND ACCESS TO tion at which the individual is a student. (2) PUBLIC AVAILABILITY AND CONTENTS.—The INDIAN TRIBES. (VIII) The nature and date of all offenses Attorney General shall— (a) CONFORMING AMENDMENT TO TITLE 18, qualifying the individual as a covered indi- (A) release information under paragraph (1) UNITED STATES CODE.—Section 4042(c)(1)(A) of vidual. to the public in a manner consistent with this title 18, United States Code, is amended by strik- (IX) The date on which the individual was re- title; and ing ‘‘State’’ and inserting ‘‘State, Indian Coun- leased from prison, or placed on parole, super- (B) include in such a release the number of in- try,’’. vised release, or probation, for the most recent dividuals within each tier and the number of in- (b) RESPONSIBILITY OF PARTICIPATING offense qualifying the individual as a covered dividuals who are in compliance with this title STATES.—An appropriate participating State of- individual. within each tier. ficial, pursuant to this title and exercising juris- (X) Tier designation for the individual. (3) DOUBLE-COUNTING.—In reporting informa- diction pursuant to Public Law 93–280, shall en- (XI) Compliance status of the individual. tion collected under paragraph (1), the Attorney sure that notice is provided to any Indian tribe (ii) TIER I INDIVIDUALS.—The participating General shall ensure, to the extent practicable, of the release into the jurisdiction of the Indian State may, at its discretion, include information that offenders are not being double-counted. tribe of a covered individual. about Tier I individuals on its Internet site. SEC. 107. DEVELOPMENT AND AVAILABILITY OF (c) ACCESS TO NATIONAL SEX OFFENDER REG- (iii) VICTIMS.—The participating State shall REGISTRY MANAGEMENT SOFTWARE. ISTRY.—From funds made available under sec- make every effort not to disclose the identity of (a) DEVELOPMENT OF SOFTWARE REQUIRED.— tion 107, the Attorney General shall use such the victim of an offense. Information about a The Attorney General, in consultation with par- amounts as the Attorney General determines to covered individual whose duty to register is ticipating States, shall— be appropriate to make grants to Indian tribes based solely on offenses against intrafamilial (1) develop a software application that can be for the development of electronic databases to minors may, after consultation with the victim, used by participating States for purposes of this provide access to information in the National be limited or withheld in its entirety from an title; and Sex Offender Registry.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4087 SEC. 110. APPLICABILITY TO MINORS. (8) The nature and date of all offenses quali- ‘‘(1) if the crime of violence results in the Notwithstanding any other provision of this fying the individual as a covered individual. death of a person who has not attained the age Act, the requirements of this Act are not appli- (9) The date on which the individual was re- of 12 years, be imprisoned for not less than 30 cable with respect to any individual who is only leased from prison, or placed on parole, super- years to life; subject to such requirements because of a delin- vised release, or probation, for the most recent ‘‘(2) if the crime of violence is a kidnapping or quent adjudication that occurred when the indi- offense qualifying the individual as a covered maiming (or an attempt or conspiracy to commit vidual was a minor, unless that individual was individual. kidnapping or maiming) or results in serious charged and convicted as an adult. (10) Tier designation for the individual. bodily injury (as defined in section 1365), be im- SEC. 111. RULE OF CONSTRUCTION. (11) Compliance status of the individual. prisoned for not less than 20 years to life; and ‘‘(3) if a dangerous weapon was used during The provisions of this title that are cast as di- (c) SEARCH CAPABILITIES.—The National Sex and in relation to the crime of violence, be im- rections to participating States or their officials Offender Public Registry shall have multiple prisoned for not less than 10 years to life.’’. constitute only conditions that must be substan- search capabilities, including— (1) searches by name; and SEC. 303. INCREASED PENALTIES FOR SEXUAL tially met, in accordance with section 107, in (2) searches by geographic area including OFFENSES AGAINST CHILDREN. order to obtain Federal funding under this title. searches by zip code area and searches within a (a) SEXUAL ABUSE.— SEC. 112. IMMUNITY FOR GOOD FAITH CONDUCT. radius specified by the user. (1) AGGRAVATED SEXUAL ABUSE OF CHIL- The Federal Government, participating States (d) TIER I INDIVIDUALS.—The Attorney Gen- DREN.—Section 2241(c) of title 18, United States and political subdivisions thereof, and their eral shall also provide, in accordance with this Code, is amended by— agencies, officers, employees, and agents shall section, information related to a Tier I indi- (A) designating the second sentence as para- be immune from liability for good faith conduct vidual only if such information is provided by a graph (4); and (B) striking the first sentence and inserting under this Act. State on that State’s Internet site. the following: SEC. 113. STATE UNCONSTITUTIONALITY. (e) FAMILY MEMBER OFFENSE.—The Attorney ‘‘(1) Whoever crosses a State line with intent General shall provide, in accordance with this (a) IN GENERAL.—Nothing in this title shall be to engage in a sexual act with a person who has deemed to require a participating State to take section, information related to a covered offense not attained the age of 12 years, or in the spe- any action that would violate that participating against a minor committed by a family member cial maritime and territorial jurisdiction of the State’s constitution. of the minor only if such information is pro- United States or in a Federal prison, knowingly (b) FUNDS.—The Attorney General shall not vided by a State on that State’s Internet site. engages in a sexual act with another person withhold funds to any participating State under SEC. 203. RELEASE OF HIGH-RISK INMATES. who has not attained the age of 12 years, or at- section 107 if the participating State declines to (a) IN GENERAL.—From amounts made avail- tempts to do so, shall be fined under this title implement any provisions of this title on the able to carry out this section, the Attorney Gen- and imprisoned for not less than 10 years to life, ground that to do so would place the partici- eral may make grants to participating States for or both. pating State in violation of its constitution or a activities specified in subsections (b) and (c). ‘‘(2) Whoever crosses a State line with intent ruling by the participating State’s highest court. (b) CIVIL COMMITMENT PROCEEDINGS.— to engage in a sexual act under the cir- (c) DEFERENCE.—In considering whether com- (1) IN GENERAL.—Any participating State that cumstances described in subsections (a) or (b) pliance with the requirements of this title would provides for a civil commitment proceeding, or with a person who has not attained the age of likely violate the participating State’s constitu- any equivalent proceeding, shall issue timely 12 years, or in the special maritime and terri- tion or rulings by the participating State’s high- notice to a State official responsible for consid- torial jurisdiction of the United States or in a est court under this section, the Attorney Gen- ering whether to pursue such proceedings upon Federal prison, knowingly engages in a sexual eral shall defer to the participating State’s in- the impending release of any person incarcer- act under the circumstances described in sub- terpretation of the participating State’s con- ated by the participating State who— sections (a) or (b) with another person who has stitution and rulings of the participating State’s (A) has been convicted of a sexually violent not attained the age of 12 years, or attempts to highest court unless those interpretations are offense; or do so, shall be fined under this title and impris- clearly erroneous. (B) has been deemed by the participating oned not less than 30 years to life, or both. SEC. 114. REGULATIONS. State to be at high risk for recommitting any ‘‘(3) Whoever crosses a State line with intent The Attorney General shall issue guidelines covered offense against a minor. to engage in a sexual act under the cir- and regulations to interpret and implement this (2) REVIEW.—Upon receiving notice under cumstances described in subsections (a) or (b) title. paragraph (1), the State official shall consider with a person who has not attained the age of 12 years, or in the special maritime and terri- SEC. 115. AUTHORIZATION OF APPROPRIATIONS. whether or not to pursue a civil commitment proceeding, or any equivalent proceeding re- torial jurisdiction of the United States or in a There is authorized to be appropriated for quired under State law. Federal prison, knowingly engages in a sexual each of fiscal years 2006 through 2009 such sums (c) MONITORING OF RELEASED PERSONS.—Each act under the circumstances described in sub- as may be necessary to carry out this title. participating State shall intensively monitor, for sections (a) or (b) with another person who has SEC. 116. EFFECT ON CURRENT LAW. not less than 1 year, any person who— attained the age of 12 but has not attained the This title does not diminish any existing con- (1) has been deemed by the participating State age of 16 years (and is at least 4 years younger ditions on participating and non-participating to be at high risk for recommitting any covered than the person so engaging), or attempts to do States under current law. offense against a minor; so, shall be fined under this title, imprisoned for TITLE II—DRU SJODIN NATIONAL SEX OF- (2) has been unconditionally released from in- any term of years or life, or both.’’. FENDER PUBLIC DATABASE ACT OF 2005 carceration by the participating State; and (2) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH.—Section 2245 of title 18, United States SEC. 201. SHORT TITLE AND DEFINITIONS. (3) has not been civilly committed pursuant to a civil commitment proceeding, or any equiva- Code, is amended— (a) SHORT TITLE.—This title may be cited as lent proceeding under State law. (A) by striking ‘‘A person’’ and inserting ‘‘(a) the ‘‘Dru Sjodin National Sex Offender Public (d) AUTHORIZATION OF APPROPRIATIONS.— IN GENERAL.—A person’’; and Database Act of 2005’’. There are authorized to be appropriated for (B) by adding at the end the following: (b) DEFINITIONS.—The definitions in section each fiscal year such sums as may be necessary ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.— 102 shall apply in this title. to carry out this section. A person who, in the course of an offense under SEC. 202. NATIONAL SEX OFFENDER PUBLIC REG- this chapter, engages in conduct that includes a ISTRY. TITLE III—JETSETA GAGE PREVENTION sex act with a person who has not attained the (a) IN GENERAL.—The Attorney General shall AND DETERRENCE OF CRIMES AGAINST age of 12 years and that results in the death of maintain a national Internet site, to be known CHILDREN ACT OF 2005 that person, shall be punished by death or im- as the ‘‘National Sex Offender Public Registry,’’ SEC. 301. SHORT TITLE. prisoned for not less than 30 years to life.’’. through which the public can access informa- This title may be cited as the ‘‘Jetseta Gage (b) SEXUAL EXPLOITATION AND OTHER ABUSE tion in the public sex offender Internet sites of Prevention and Deterrence of Crimes Against OF CHILDREN.— all States by means of single-query searches. Children Act of 2005’’. (1) SEXUAL EXPLOITATION OF CHILDREN.—Sec- (b) INFORMATION AVAILABLE IN PUBLIC REG- SEC. 302. ASSURED PUNISHMENT FOR VIOLENT tion 2251(e) of title 18, United States Code, is ISTRY.—With respect to Tier II and Tier III indi- CRIMES AGAINST CHILDREN. amended by striking ‘‘any term of years or for viduals and except as provided in subsection (e), Section 3559(d) of title 18, United States Code, life’’ and inserting ‘‘not less than 30 years to the National Sex Offender Public Registry shall is amended to read as follows: life.’’ provide the following information: ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRIS- (2) USING MISLEADING DOMAIN NAMES TO DI- (1) The name and any known aliases of the ONMENT FOR VIOLENT CRIMES AGAINST CHIL- RECT CHILDREN TO HARMFUL MATERIAL ON THE individual. DREN.—A person who is convicted of a Federal INTERNET.—Section 2252B(b) of title 18, United (2) The date of birth of the individual. crime of violence against the person of an indi- States Code, is amended by striking ‘‘or impris- (3) A physical description of the individual. vidual who has not attained the age of 12 years oned not more than 4 years’’ and inserting ‘‘or (4) The current photograph of the individual. and has the intent to commit a serious sex crime imprisoned not more than 10 years.’’. (5) The domicile address of the individual. as defined in section 2241 of title 18 shall, unless TITLE IV—JESSICA LUNSFORD AND (6) The address of the individual’s place of a greater mandatory minimum sentence of im- SARAH LUNDE ACT employment. prisonment is otherwise provided by law and re- SEC. 401. SHORT TITLE. (7) The address of any educational institution gardless of any maximum term of imprisonment This title may be cited as the ‘‘Jessica at which the individual is a student. otherwise provided for the offense— Lunsford and Sarah Lunde Act’’.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4088 CONGRESSIONAL RECORD — SENATE May 4, 2006 SEC. 402. PILOT PROGRAM FOR MONITORING SEX- directors, officers, employees, or agents, is not SEC. 504. TREATMENT AND MANAGEMENT OF SEX UAL OFFENDERS. liable in any civil action sounding in tort for OFFENDERS IN THE BUREAU OF (a) DEFINITION.—In this section, the term damages related to its access to the Interstate PRISONS. ‘‘sexual offender’’ means an offender 18 years of Identification Index. Section 3621 of title 18, United States Code, is amended by adding at the end the following age or older who commits a sexual offense (2) INTENTIONAL, RECKLESS, OR OTHER MIS- new subsection: against a minor. CONDUCT.—Paragraph (1) does not apply in an ‘‘(f) SEX OFFENDER MANAGEMENT.— (b) SEXUAL PREDATOR MONITORING PRO- action in which a party proves that the Na- ‘‘(1) IN GENERAL.—The Bureau of Prisons GRAM.— tional Center for Missing and Exploited Chil- shall make available appropriate treatment to (1) GRANTS AUTHORIZED.— dren, or its officer, employee, or agent as the sex offenders who are in need of and suitable (A) IN GENERAL.—The Attorney General is au- case may be, engaged in intentional misconduct for treatment, as follows: thorized to award grants (referred to as ‘‘Jessica or acted, or failed to act, with actual malice, ‘‘(A) SEX OFFENDER MANAGEMENT PRO- Lunsford and Sarah Lunde Grants’’) to State with reckless disregard of a substantial risk of GRAMS.—The Bureau of Prisons shall establish and local governments to assist such States and causing injury without legal justification, or for non-residential sex offender management pro- local governments in— a purpose unrelated to its performance of activi- grams to provide appropriate treatment, moni- (i) carrying out programs to outfit sexual of- ties or responsibilities under Federal law. fenders with electronic monitoring units; and toring, and supervision of sex offenders and to (ii) the employment of law enforcement offi- (3) ORDINARY BUSINESS ACTIVITIES.—Para- provide aftercare during prerelease custody. cials necessary to carry out such programs. graph (1) does not apply to an act or omission ‘‘(B) RESIDENTIAL SEX OFFENDER TREATMENT related to an ordinary business activity, such as (B) DURATION.—The Attorney General shall PROGRAMS.—The Bureau of Prisons shall estab- award grants under this section for a period not an activity involving general administration or lish residential sex offender treatment programs to exceed 3 years. operations, the use of motor vehicles, or per- to provide treatment to sex offenders who volun- (2) APPLICATION.— sonnel management. teer for such programs and are deemed by the (A) IN GENERAL.—Each State or local govern- SEC. 502. LIMITATION ON LIABILITY FOR NCMEC. Bureau of Prisons to be in need of and suitable ment desiring a grant under this section shall Section 227 of the Victims of Child Abuse Act for residential treatment. submit an application to the Attorney General of 1990 (42 U.S.C. 13032) is amended by adding ‘‘(2) REGIONS.—At least 1 sex offender man- at such time, in such manner, and accompanied at the end the following: agement program under paragraph (1)(A), and by such information as the Attorney General at least 1 residential sex offender treatment pro- ‘‘(g) LIMITATION ON LIABILITY.— may reasonably require. gram under paragraph (1)(B), shall be estab- (B) CONTENTS.—Each application submitted ‘‘(1) IN GENERAL.—Except as provided in sub- lished in each region within the Bureau of Pris- pursuant to subparagraph (A) shall— paragraphs (2) and (3), the National Center for ons. (i) describe the activities for which assistance Missing and Exploited Children, including any ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— under this section is sought; and of its directors, officers, employees, or agents, There are authorized to be appropriated to the (ii) provide such additional assurances as the shall not be liable in any civil or criminal action Bureau of Prisons for each fiscal year such Attorney General determines to be essential to for the performance of its CyberTipline respon- sums as may be necessary to carry out this sub- ensure compliance with the requirements of this sibilities and functions as defined by section 227 section.’’. section. of the Victims of Child Abuse Act of 1990 (42 SEC. 505. AUTHORIZATION FOR AMERICAN PROS- (c) INNOVATION.—In making grants under this U.S.C. 13032) and section 404 of the Missing ECUTORS RESEARCH INSTITUTE. section, the Attorney General shall ensure that Children’s Assistance Act (42 U.S.C. 5773), or for In addition to any other amounts authorized different approaches to monitoring are funded its efforts to identify child victims. by law, there are authorized to be appropriated to allow an assessment of effectiveness. ‘‘(2) EXCEPTION FOR INTENTIONAL, RECKLESS, for grants to the American Prosecutors Research (d) AUTHORIZATION OF APPROPRIATIONS.— OR OTHER MISCONDUCT.—The limitation on li- Institute under section 214A of the Victims of (1) IN GENERAL.—There are authorized to be ability under subparagraph (1) shall not apply Child Abuse Act of 1990 (42 U.S.C. 13003) appropriated $10,000,000 for each of the fiscal in any action in which a plaintiff or prosecutor $7,500,000 for each of fiscal years 2006 through years 2006 through 2008 to carry out this sec- proves that the National Center for Missing and 2010. tion. Exploited Children or its officers, employees, or SEC. 506. SEX OFFENDER APPREHENSION (2) REPORT.—Not later than April 1, 2008, the agents described in subparagraph (1), as the GRANTS. Attorney General shall report to Congress— case may be, engaged in intentional misconduct Title I of the Omnibus Crime Control and Safe (A) assessing the effectiveness and value of or acted, or failed to act, with actual malice, Streets Act of 1968 is amended by adding at the this section; with reckless disregard to a substantial risk of end the following: causing injury without legal justification, or for (B) comparing the cost effectiveness of the ‘‘PART II—SEX OFFENDER APPREHENSION a purpose unrelated to the performance of re- electronic monitoring to reduce sex offenses com- GRANTS pared to other alternatives; and sponsibilities or functions under section 227 of (C) making recommendations for continuing the Victims of Child Abuse Act of 1990 (42 U.S.C. ‘‘SEC. 2992. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS. funding and the appropriate levels for such 13032) and section 404 of the Missing Children’s ‘‘(a) IN GENERAL.—From amounts made avail- funding. Assistance Act (42 U.S.C. 5773), or for its efforts to identify child victims. able to carry out this part, the Attorney General TITLE V—MISCELLANEOUS PROVISIONS may make grants to States, units of local gov- ‘‘(3) EXCEPTION FOR ORDINARY BUSINESS AC- SEC. 501. ACCESS TO INTERSTATE IDENTIFICA- ernment, Indian tribes, other public and private TIVITIES.—The limitation on liability under TION INDEX. entities, and multi-jurisdictional or regional paragraph (1) shall not apply to any alleged act (a) IN GENERAL.—Notwithstanding any other consortia thereof for activities specified in sub- or omission related to an ordinary business ac- provision of law, the Attorney General shall en- section (b). tivity, such as an activity involving general ad- sure access to the Interstate Identification Index ‘‘(b) COVERED ACTIVITIES.—An activity re- ministration or operations, the use of motor ve- (established under the National Crime Preven- ferred to in subsection (a) is any program, hicles, or personnel management.’’. tion and Privacy Compact (42 U.S.C. 14616)) project, or other activity to assist a State in en- by—– SEC. 503. MISSING CHILD REPORTING REQUIRE- forcing sex offender registration requirements.’’. MENTS. (1) the National Center for Missing and Ex- SEC. 507. ACCESS TO FEDERAL CRIME INFORMA- ploited Children, to be used only within the (a) IN GENERAL.—Section 3702 of the Crime TION DATABASES BY EDUCATIONAL scope of the Center’s duties and responsibilities Control Act of 1990 (42 U.S.C. 5780) is amend- AGENCIES FOR CERTAIN PURPOSES. under Federal law to assist or support law en- ed— (a) IN GENERAL.—The Attorney General shall, forcement agencies in administration of criminal (1) by redesignating paragraphs (2) and (3) as upon request of the chief executive of a State, justice functions; and paragraphs (3) and (4), respectively; conduct fingerprint-based checks of the national (2) governmental social service agencies with (2) by inserting after paragraph (1) the fol- crime information databases (as defined in sec- child protection responsibilities, to be used by lowing: tion 534(e)(3)(A) of title 28, United States Code), such agencies only in investigating or respond- pursuant to a request submitted by a local edu- ing to reports of child abuse, neglect, or exploi- ‘‘(2) ensure that no law enforcement agency cational agency or a State educational agency tation. within the State establishes or maintains any in that State, on individuals under consider- policy that requires the removal of a missing (b) CONDITIONS OF ACCESS.—The access pro- ation for employment by the agency in a posi- vided under this section, and associated rules of person entry from its State law enforcement sys- tion in which the individual would work with or dissemination, shall be— tem or the National Crime Information Center around children. Where possible, the check shall (1) defined by the Attorney General; and computer database based solely on the age of include a fingerprint-based check of State crimi- (2) limited to personnel of the Center or such the person;’’; and nal history databases. The Attorney General agencies that have met all requirements set by (3) in paragraph (3), as redesignated, by strik- and the States may charge any applicable fees the Attorney General, including training, cer- ing ‘‘immediately’’ and inserting ‘‘within 2 for these checks. tification, and background screening. hours of receipt’’. (b) PROTECTION OF INFORMATION.—An indi- (c) LIMITATION ON LIABILITY.— (b) DEFINITIONS.—Section 403(1) of the Com- vidual having information derived as a result of (1) IN GENERAL.—Except as provided in para- prehensive Crime Control Act of 1984 (42 U.S.C. a check under subsection (a) may release that graphs (2) and (3), the National Center for Miss- 5772) is amended by striking ‘‘if’’ through sub- information only to an appropriate officer of a ing and Exploited Children, including any of its paragraph (B) and inserting a semicolon. local educational agency or State educational

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 6333 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4089 agency, or to another person authorized by law (2) in section 4042(c)(3) by striking ‘‘shall be fender Registration and Notification to receive that information. subject’’ and all that follows through ‘‘1994)’’ Act. I do want to take a few moments (c) CRIMINAL PENALTIES.—An individual who and inserting ‘‘must comply with the Sex Of- to comment because this is an impor- knowingly exceeds the authority of subsection fender Registration and Notification Act’’; and tant piece of legislation. The House has (a), or knowingly releases information in viola- (3) in section 4209(a) by striking ‘‘register in tion of subsection (b), shall be imprisoned not any State’’ and all that follows through ‘‘1994)’’ passed companion legislation already more than 10 years or fined under title 18, and inserting ‘‘comply with the Sex Offender in the past, but the fact that we have United States Code, or both. Registration and Notification Act.’’. passed this bill tonight means we will (d) DEFINITION.—In this section, the terms TITLE VI—COMPREHENSIVE dramatically impact the lives of hun- ‘‘local educational agency’’ and ‘‘State edu- EXAMINATION OF SEX OFFENDER ISSUES dreds, indeed thousands, of victims and cational agency’’ have the meanings given to potential victims of sexual predators. those terms in section 9101 of the Elementary SEC. 601. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES. This has been remarkable to me. I and Secondary Education Act of 1965 (20 U.S.C. (a) DEFINITION.—In this section, the term followed a Dateline series, ‘‘To Catch A 7801). ‘‘sexual offender’’ means an offender 18 years of Predator,’’ over the last several weeks SEC. 508. GRANTS TO COMBAT SEXUAL ABUSE OF age or older who commits a sexual offense CHILDREN. and months, but it was 2 nights ago against a minor. (a) IN GENERAL.—The Bureau of Justice As- that my legislative director and my (b) IN GENERAL.—The National Institute of sistance is authorized to make grants under this counsel e-mailed me, or BlackBerried Justice shall conduct a comprehensive study to section to— me, at 9 o’clock at night and said that examine the control, prosecution, treatment, (1) each law enforcement agency that serves a and monitoring of sex offenders, with a par- in a few minutes another episode of jurisdiction with 50,000 or more residents; and ticular focus on— ‘‘To Catch A Predator’’ is coming on (2) each law enforcement agency that serves a (1) the effectiveness of State, tribal, and local and I turned it on. Once again I saw the jurisdiction with fewer than 50,000 residents, responses to the requirements of this Act, in- devastation that occurs today, which upon a showing of need. cluding the effectiveness of particular jurisdic- (b) USE OF GRANT AMOUNTS.—Grants under cannot be totally prevented but we tions as compared to others; this section may be used by the law enforcement know can be prevented by arming the (2) compliance by sex offenders with the reg- agency to— American people with the tools that istration requirements of this Act; (1) hire additional law enforcement personnel, can help catch these predators and, (3) how this Act has affected the number of or train existing staff, to combat the sexual reported sex crimes against children; once they are caught, making sure abuse of children through community education (4) how this Act has affected the number of they are kept away from children, that and outreach, investigation of complaints, en- prosecutions and convictions of sex crimes children are kept out of their reach. I forcement of laws relating to sex offender reg- against children; istries, and management of released sex offend- think we have all been moved by this (5) the utility of the National Sex Offender ers; excellent investigative type of report- Public Registry to the public; (2) investigate the use of the Internet to facili- ing that has demonstrated, in shocking (6) the costs to States, tribes, and local entities tate the sexual abuse of children; and terms, today how vulnerable our chil- of compliance with this Act and the relative (3) purchase computer hardware and software costs and benefits of approaches undertaken by dren are to sexual predators, much of necessary to investigate sexual abuse of children different jurisdictions; that originating and facilitated by the over the Internet, access local, State, and Fed- (7) the effectiveness of treatment programs in use of the Internet, at times when our eral databases needed to apprehend sex offend- reducing recidivism among sex offenders; children simply do not have that super- ers, and facilitate the creation and enforcement (8) the potential benefits to Federal, State, of sex offender registries. vision there, minute by minute. The and local law enforcement agencies of access to (c) AUTHORIZATION OF APPROPRIATIONS.— sexual predators reach into their lives, There are authorized to be appropriated such taxpayer information pertaining to sexual of- taking advantage of them, as vulner- sums as may be necessary for fiscal years 2006 fenders and the privacy implications to those in- able as they might be, and then lit- through 2008 to carry out this section. dividuals and others; and (9) the potential benefits to Federal, State, erally ruining their lives. SEC. 509. SEVERABILITY. and local law enforcement agencies of access to This evening I am proud of what we If any provisions of this Act, any amendment Social Security information pertaining to sexual have done. This body passed the Sex made by this Act, or the application of such pro- offenders and the privacy implications to those Offender Registry and Notification Act. visions or amendment to any person or cir- individuals and others. It has been a long time. Several weeks cumstance is held to be unconstitutional, the re- (c) RECOMMENDATIONS.—The study described ago on the floor I tried to get unani- mainder of the provisions of this Act, the in subsection (b) shall include recommendations mous consent from the other side to amendments made by this Act, and the applica- for reducing the number of sex crimes against tion of such provisions or amendments to any agree to go to the bill unattached to children and increasing the rates of compliance other types of amendments unrelated person or circumstance shall not be affected. with registration requirements. to the registry itself, unrelated to SEC. 510. FAILURE TO PROVIDE INFORMATION A (d) REPORTS.— DEPORTABLE OFFENSE. (1) IN GENERAL.—Not later than 5 years after these sexual predators. There was ob- Section 237(a)(2)(A) of the Immigration and the date of enactment of this Act, the National jection. We have been able to over- Nationality Act (8 U.S.C. 1227(a)(2)(A)) is Institute of Justice shall report the results of the come, in the best spirit of this body, amended— study conducted under subsection (b) together working together, those objections and (1) by redesignating clause (v) as clause (vi); with findings to Congress, through the Internet pass this bill. and to the public, to each of the 50 governors, to the Among its many provisions—let me (2) by inserting after clause (iv) the following Mayor of the District of Columbia, to territory new clause: comment on three—it creates a Na- heads, and to the top official of the various In- tional Sex Offender Registry that is ac- ‘‘(v) FAILURE TO PROVIDE REGISTRATION IN- dian Tribes. FORMATION AS A SEX OFFENDER cessible on the Internet and searchable .—Any alien who (2) INTERIM REPORTS.—The National Institute is convicted under subsection (d) of section 103 of Justice shall submit yearly interim reports. by ZIP Code. For the first time you of the Sex Offender Registration and Notifica- (e) APPROPRIATIONS.—There are authorized to will be able to go on the Internet or tion Act of a violation of subsection (a) or (b) of be appropriated $3,000,000 to carry out this sec- have somebody in your family go on such section is deportable.’’. tion. the Internet, put in a ZIP Code or sur- SEC. 511. REPEAL. Mr. FRIST. I ask unanimous consent rounding ZIP Code, and you will know Sections 170101 and 170102 of the Violent the committee-reported amendment be whether any sex offenders who might Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071, 14072) are repealed. agreed to, the bill as amended be read be in your neighborhood are actually in a third time and passed, the motion to SEC. 512. CONFORMING AMENDMENTS TO TITLE your neighborhood. For the first time 18, UNITED STATES CODE. reconsider be laid upon the table and you will be able to be armed with that Title 18 of the United States Code is amend- any statements be printed in the information. ed— RECORD. Second, it requires convicted sex of- (1) in sections 3563(a)(8) and 3583(d) by strik- The PRESIDING OFFICER. Without fenders to register, including child ing ‘‘and that the person register in any State objection, it is so ordered. predators who use the Internet to com- where the person resides, is employed, carries on The committee amendment in the mit a crime against a minor. That reg- a vocation, or is a student (as such terms are de- nature of a substitute was agreed to. istration is required. If you have been fined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of The bill (S. 1086), as amended, was into the legal system and you have 1994)’’ and inserting ‘‘and that the person com- read the third time, and passed. been labeled, appropriately so, a sex of- ply with the Sex Offender Registration and No- Mr. FRIST. Mr. President, S. 1086, fender, you are going to go into this tification Act’’; which we just passed, is the Sex Of- registry.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4090 CONGRESSIONAL RECORD — SENATE May 4, 2006 Third, it toughens criminal penalties stroke and designating May 6, 2006, as ‘‘Na- The PRESIDING OFFICER. Without for violent crimes against children tional Childhood Stroke Awareness Day.’’ objection, it is so ordered. under 12 years of age. There being no objection, the Senate The resolution (S. Res. 465) was Just by creating a national registry proceeded to consider the resolution. agreed to. we are going to make it easier for law Mr. CHAMBLISS. Mr. President, I The preamble was agreed to. enforcement to act on that tip and to rise today to raise awareness about The resolution, with its preamble, identify and intercept sex offenders be- childhood stroke. Very little is known reads as follows: fore they can commit those repeat about the cause, treatment, and pre- S. RES. 465 crimes and victimize more children. vention of childhood stroke. Only Whereas a stroke, also known as a ‘‘cere- From the episode I saw two nights through medical research can effective brovascular accident’’, is an acute neurologic ago it was very apparent that one of treatment and prevention strategies injury that occurs when the blood supply to the criminals—maybe it was more, but for childhood stroke be identified and a part of the brain is interrupted by— the second one I saw—was somebody developed. The earlier that we are able (1) a clot in the artery; or who had been convicted before and was to diagnose and begin treatment for (2) a burst of the artery; victims of childhood stroke, the better Whereas a stroke is a medical emergency just about ready to go to jail but, once that can cause permanent neurologic damage again, in that period before going to the chances are for recovery and a re- or even death if not promptly diagnosed and jail slipped out to commit another occurrence is less likely to happen. treated; crime. The need for awareness on this issue Whereas 26 out of every 100,000 newborns Currently, there are over 100,000 was brought to my attention by a and almost 3 out of every 100,000 children missing sex offenders who have failed young man from Norcross, GA, Alan have a stroke each year; to register under current State laws. Blinder. In January of 2006, Alan was Whereas an individual can have a stroke This bill will enhance the penalty for having a normal day at school, as any before birth; sophomore in high school would. As he Whereas stroke is among the top 10 causes failure to register from a Federal mis- of death for children in the United States; demeanor to a Federal felony. I am was sitting in his fourth period Algebra Whereas 12 percent of all children who ex- proud the Senate is acting to protect class, the entire left side of his body perience a stroke die as a result; our Nation’s most valuable resource— went numb and he was unable to speak. Whereas the death rate for children who our children. Alan was escorted to the school nurse experience a stroke before the age of 1 year I close by thanking those people who and she sent him home. That evening is the highest out of all age groups; are recognizable in the sense that they Alan’s mother explained her son’s situ- Whereas many children who experience a have been fighting for this legislation ation to a friend who suggested the in- stroke will suffer serious, long-term neuro- logical disabilities, including— for such a long time; namely, our dis- cident could have been a pediatric (1) hemiplegia, which is paralysis of 1 side tinguished colleague from Utah, Sen- stroke. After seeing a physician, Alan of the body; ator ORRIN HATCH, whose bill this is, learned that he had suffered a tran- (2) seizures; who has been on the issue, has helped sient ischemic attack, or a mini (3) speech and vision problems; and educate all of us on both sides of the stroke. These attacks can be ominous (4) learning difficulties; aisle, who has fought for this piece of warning signs for potential future Whereas those disabilities may require on- strokes. While Alan was able to receive going physical therapy and surgeries; legislation, who has encouraged me to Whereas the permanent health concerns keep fighting for this legislation in a diagnosis from a specialist, there are and treatments resulting from strokes that spite of others’ attempts to attach un- thousands of children, adolescents, and occur during childhood and young adulthood related amendments, and indeed be- parents who do not know the signs of have a considerable impact on children, fam- cause of his persistence, again, thou- this life threatening episode that ilies, and society; sands of young kids will be safer in the leaves many individuals impaired. Alan Whereas very little is known about the future. was very lucky and I am happy to re- cause, treatment, and prevention of child- Also, there is someone I have gotten port that he is doing well. Alan is a hood stroke; smart young man who has a very Whereas medical research is the only to know personally, but the American means by which the citizens of the United people know in large part because of bright future ahead of him. States can identify and develop effective his very effective voice on television, Each year a stroke occurs in 20 out of treatment and preventio9n strategies for and that is John Walsh. John Walsh, every 100,000 newborns. Almost 3 out of childhood stroke; and who runs the National Center for Miss- every 106,000 children experience a Whereas early diagnosis and treatment of ing and Exploited Children, is com- stroke before the day they are born. Of childhood stroke greatly improves the menting constantly and staying on this these children who experience a stroke, chances that the affected child will recover issue, having suffered a real tragedy 12 percent will lose their lives as a re- and not experience a recurrence: Now, there- sult. Over half of the children who have fore, be it with his own child in the past. Resolved, That the Senate— On ‘‘Dateline NBC,’’ the producer, a pediatric stroke will have serious, (1) designates May 6, 2006, as ‘‘National who has done a tremendous job, Chris long-term neurological disabilities, in- Childhood Stroke Awareness Day’’; and Hansen, has been the face and voice in cluding seizures, speech and vision (2) urges the people of the United States to heading this show, ‘‘To Catch a Pred- problems, and learning disabilities. support the efforts, programs, services, and ator.’’ The result of a pediatric stroke may re- advocacy of organizations that work to en- The list could go on and on, but I quire ongoing physical therapy and hance public awareness of childhood stroke, know we have to keep moving on with surgeries for years and into their including— young adulthood. The permanent (A) the Children’s Hemiplegia and Stroke tonight’s business. This is such a huge Association; success for the American people and for health concerns and treatments result- (B) the American Stroke Association, a di- families. I appreciate my colleagues ing from childhood stroke can result in vision of the American Heart Association; coming together to pass this bill. a heavy financial and emotional burden and (C) the National Stroke Association. f on both the child and the family. It is my hope that greater awareness f NATIONAL CHILDHOOD STROKE of the symptoms of childhood stroke, I AWARENESS DAY introduce legislation to designate May NEGRO LEAGUERS RECOGNITION DAY Mr. FRIST. Mr. President, I ask 6, 2006, as Childhood Stroke Awareness unanimous consent that the Senate Day. I urge the people of the United Mr. FRIST. Mr. President, I ask proceed to the consideration of S. Res. States to support efforts, programs, unanimous consent that the Senate 465, which was submitted earlier today. services, and advocacy of the American proceed to the immediate consider- The PRESIDING OFFICER. The Heart Association to enhance public ation of S. Res. 466, submitted earlier clerk will report the resolution by awareness of childhood stroke. today. title. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. The The assistant legislative clerk read unanimous consent that the resolution clerk will report the resolution by as follows: be agreed to, the preamble be agreed title. A resolution (S. Res. 465) expressing the to, and the motion to reconsider be laid The assistant legislative clerk read sense of the Senate with respect to childhood upon the table. as follows:

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 4, 2006 CONGRESSIONAL RECORD — SENATE S4091 A resolution (S. Res. 466) designating May S. RES. 466 HONORING THE CONTRIBUTION OF 20, 2006, as ‘‘Negro Leaguers Recognition Whereas even though African Americans CHIEF JUSTICE REHNQUIST Day.’’ were excluded from playing in the major There being no objection, the Senate leagues of their time with their white coun- Mr. FRIST. I ask unanimous consent proceeded to consider the resolution. terparts, the desire of many African Ameri- the Senate proceed to the immediate Mr. NELSON of Florida. Mr. Presi- cans to play baseball could not be repressed; consideration of H. J. Res. 83 which was dent, I, along with Senators TALENT Whereas Major League Baseball did not received from the House. fully integrate its league until July 1959; and DEWINE, have proudly introduced a The PRESIDING OFFICER. The resolution recognizing May 20, 2006, as Whereas African Americans began orga- nizing their own professional baseball teams clerk will report the resolution by ‘‘Negro Leaguers Recognition Day.’’ in 1885; title. Since 1885, long before Major League Whereas the skills and abilities of Negro The assistant legislative clerk read Baseball was integrated in 1947, African League players eventually made Major as follows: Americans were organizing their own League Baseball realize the need to integrate professional leagues. These leagues did the sport; A joint resolution (H.J. Res. 83) to memori- not succeed because of racial prejudice Whereas six separate baseball leagues, alize and honor the contribution of Chief and lack of adequate financial backing. known collectively as the ‘‘Negro Baseball Justice William H. Rehnquist. However, this changed dramatically Leagues’’, were organized by African Ameri- with the inception of the first success- cans between 1920 and 1960; There being no objection, the Senate ful Negro league. On May 20, 1920, the Whereas the Negro Baseball Leagues in- proceeded to consider the joint resolu- Negro National League played its first cluded exceptionally talented players who tion. played the game at its highest level; game. Its creation was the result of the Whereas on May 20, 1920, the Negro Na- Mr. LEAHY. Mr. President, I am efforts of an African American player tional League, the first successful Negro pleased to support passage of H.J. Res. and manager named Andrew ‘‘Rube’’ League, played its first game; 83, which authorizes funds for a bust to Foster. Mr. Foster’s success inspired Whereas Andrew ‘‘Rube’’ Foster, on Feb- be placed in the Supreme Court hon- the formation of other leagues. ruary 13, 1920, at the Paseo YMCA in Kansas oring the late Chief Justice Rehnquist. As a result, on October 3, 1924, the City, Missouri, founded the Negro National Chief Justice Rehnquist served admi- first Negro League World Series game League and also managed and played for the rably on the country’s highest court was played between the Kansas City Chicago American Giants, and later was in- for 33 years—19 as Chief Justice. It is ducted into the Baseball Hall of Fame; Monarchs of the Negro National appropriate that we honor his service League and Hilldale of Philadelphia of Whereas Leroy ‘‘Satchel’’ Paige, who began his long career in the Negro Leagues as we have the other Chief Justices the Eastern Colored League. This his- and did not make his Major League debut with a bust in the Supreme Court toric and exhaustive first series lasted until the age of 42, is considered one of the building. ten games, covered a span of almost greatest pitchers the game has ever seen, three weeks, and was played in four dif- I was privileged to have known the and during his long career thrilled millions Chief Justice for many years and to ferent cities. In the end, Kansas City of baseball fans with his skill and legendary claimed the championship. showboating, and was later inducted into the have had the pleasure of serving with But the lasting legacy of the Negro Baseball Hall of Fame; him on the Smithsonian Board of Re- leagues, as the six separate leagues be- Whereas Josh Gibson, who was the greatest gents. We also shared a love for the tween 1920 and 1960 are collectively slugger of the Negro Leagues, tragically died beautiful land and the independent peo- known, are the tremendous baseball months before the integration of baseball, ple of Vermont—a place that served as players they produced. Some of the and was later inducted into the Baseball Hall a special refuge for the Chief Justice of Fame; and his family over the years. His cour- names we know and some we don’t. Whereas Jackie Robinson, whose career Among them is Jackie Robinson, the age and commitment were without began with the Negro League Kansas City question, particularly recently when he first African American to break the Monarchs, became the first African Amer- baseball color barrier; Leroy ‘‘Satchel’’ ican to play in the Major Leagues in April attended the last inauguration and Paige, who was considered one of the 1947, was named Major League Baseball continued work to the end. greatest pitchers of all time; Josh Gib- Rookie of the Year in 1947, subsequently led It would also be fitting in my view to son, who was a prolific home-run hit- the Brooklyn Dodgers to 6 National League honor other important figures in the ter; Larry Doby, the first African pennants and a World Series championship, Supreme Court’s history. Justices San- American to play in the American and was later inducted into the Baseball Hall of Fame; dra Day O’Connor and Thurgood Mar- League in July 1947; and John Jordan Whereas Larry Doby, whose career began shall broke barriers and became the ‘‘Buck’’ O’Neil, who was the first Afri- with the Negro League Newark Eagles, be- first woman and first African American can American coach in the Major came the first African American to play in justices on the Supreme Court in our Leagues and who is now head of the the American League in July 1947, was an Nation’s long history. Both are role Negro Leagues Baseball Museum. All-Star 9 times in Negro League and Major models not only for women and African It is important that we remember League Baseball, and was later inducted into Americans who will follow them on the and honor these players. In breaking the Baseball Hall of Fame; Supreme Court, but for judges every- down the baseball color barrier, these Whereas John Jordan ‘‘Buck’’ O’Neil was a player and manager of the Negro League where and all Americans. It would be pioneers dealt a blow to hatred and appropriate to honor their significant prejudice across America. Today, we Kansas City Monarchs, became the first Afri- can American coach in the Major Leagues accomplishments and contributions to can honor them by declaring May 20, with the Chicago Cubs in 1962, served on the the law, to the Supreme Court and to 2006 as, ‘‘Negro Leaguers Recognition Veterans Committee of the National Base- the country by including them among Day.’’ ball Hall of Fame, chairs the Negro Leagues those honored at the Supreme Court Mr. FRIST. Mr. President, I ask Baseball Museum Board of Directors, and has building. unanimous consent that the resolution worked tirelessly to promote the history of be agreed to, the preamble be agreed the Negro Leagues; and Mr. FRIST. Mr. President, I ask to, the motion to reconsider be laid Whereas by achieving success on the base- unanimous consent the joint resolution upon the table, and that any state- ball field, African American baseball players be read a third time and passed, the ments relating thereto be printed in helped break down color barriers and inte- preamble be agreed to, the motion to grate African Americans into all aspects of the RECORD without intervening action reconsider be laid upon the table, and society in the United States: Now, therefore, any statements related to the resolu- or debate. be it The PRESIDING OFFICER. Without tion be printed in the RECORD. objection, it is so ordered. Resolved, That the Senate— (1) designates May 20, 2006, as ‘‘Negro The PRESIDING OFFICER. Without The resolution (S. Res. 466) was Leaguers Recognition Day’’; and objection, it is so ordered. agreed to. (2) recognizes the teams and players of the The preamble was agreed to. The joint resolution (H.J. Res. 83) Negro Baseball Leagues for their achieve- was read the third time and passed. The resolution, with its preamble, ments, dedication, sacrifices, and contribu- reads as follows: tions to both baseball and our Nation. The preamble was agreed to.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4092 CONGRESSIONAL RECORD — SENATE May 4, 2006 AUTHORIZING USE OF CAPITOL two votes Monday afternoon at ap- VALERIE L. BAKER, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT GROUNDS FOR SPECIAL OLYM- proximately 5:15. These votes will be OF CALIFORNIA, VICE CONSUELO B. MARSHALL, RE- PICS LAW ENFORCEMENT TORCH cloture votes to proceed to the two TIRED. RUN medical liability bills. If cloture is not DEPARTMENT OF JUSTICE Mr. FRIST. I ask unanimous consent invoked on these bills, we will have a CHARLES P. ROSENBERG, OF VIRGINIA, TO BE UNITED cloture vote on Tuesday morning on STATES ATTORNEY FOR THE EASTERN DISTRICT OF VIR- that Senate proceed to the immediate GINIA FOR THE TERM OF FOUR YEARS, VICE PAUL J. the motion to proceed to the small MCNULTY, RESIGNED. consideration of H. Con. Res. 359 which business health plans bill. IN THE AIR FORCE was received from the House. I am pleased we will be addressing The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT these health care issues which, if we IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- clerk will report the concurrent resolu- enact this legislation, both the medical CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION tion by title. liability and the small business health The assistant legislative clerk read 601: plans, will diminish the cost of health To be lieutenant general as follows: care to everyone who is listening, to A concurrent resolution (H. Con. Res. 359) MAJ. GEN. ROBERT J. ELDER, JR., 0000 my colleagues and others listening THE FOLLOWING NAMED OFFICER FOR APPOINTMENT authorizing the use of the Capitol Grounds across America. There is no question IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- for the District of Columbia Special Olym- about it, the cost of health care will go CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE pics Law Enforcement Torch Run. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION down. 601: There being no objection, the Senate Secondly, it will improve access to To be lieutenant general proceeded to consider the concurrent health care. Right now, it is crazy. It is LT. GEN. DAVID A. DEPTULA, 0000 resolution. absurd that expectant mothers have to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. FRIST. I ask unanimous consent worry about whether they are going to IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the concurrent resolution be agreed to, have an obstetrician to deliver their CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the motion to reconsider be laid upon child or there are people who have to 601: the table, and any statements related worry about, if they are in a trauma To be lieutenant general to the resolution be printed in the accident, whether there is going to be LT. GEN. VICTOR E. RENUART, JR., 0000 RECORD. somebody at the hospital who can give The PRESIDING OFFICER. Without them the immediate treatment, ther- IN THE NAVY objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT apy that can be curative at the time IN THE UNITED STATES NAVY TO THE GRADE INDICATED The concurrent resolution (H. Con. they arrive. But that is the reality. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Res. 359) was agreed to. That is where we are today. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f If we come together, put partisanship To be admiral aside and address these bills on prin- VICE ADM. JAMES G. STAVRIDIS, 0000 ORDERS FOR FRIDAY, MAY 5, 2006 ciple, then we can do a lot for the Mr. FRIST. Mr. President, I ask American people in terms of affordable f unanimous consent that when the Sen- health care, assuring access to health ate completes its business today, it care, and raising the quality of health CONFIRMATIONS stand in adjournment until 9:30 a.m., care. Executive nominations confirmed by Friday, May 5. I further ask that fol- f lowing the prayer and pledge, the the Senate Thursday, May 4, 2006: ADJOURNMENT UNTIL 9:30 A.M. morning hour be deemed expired, and THE JUDICIARY TOMORROW the Journal of proceedings be approved BRIAN M. COGAN, OF NEW YORK, TO BE UNITED STATES Mr. FRIST. Mr. President, if there is DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW to date, the time for the two leaders be YORK. reserved, and there then be a period of no further business to come before the THOMAS M. GOLDEN, OF PENNSYLVANIA, TO BE Senate, I ask unanimous consent that UNITED STATES DISTRICT JUDGE FOR THE EASTERN morning business with Senators per- DISTRICT OF PENNSYLVANIA. mitted to speak for up to 10 minutes the Senate stand in adjournment under the previous order. each. f The PRESIDING OFFICER. Without There being no objection, the Senate, objection, it is so ordered. at 6:32 p.m., adjourned until Friday, May 5, 2006, at 9:30 a.m. WITHDRAWAL f f Executive Message transmitted by PROGRAM NOMINATIONS the President to the Senate on May 4, Mr. FRIST. Tomorrow, the Senate 2006 withdrawing from further Senate Executive nominations received by will continue to discuss medical liabil- consideration the following nomina- the Senate May 4, 2006: ity and small business health plans. tion: THE JUDICIARY Tomorrow, it will be necessary to file JEROME A. HOLMES, OF OKLAHOMA, TO BE UNITED cloture motions on the motions to pro- JEROME A. HOLMES, OF OKLAHOMA, TO BE UNITED STATE DISTRICT JUDGE FOR THE NORTHERN DISTRICT STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE OF OKLAHOMA, WHICH WAS SENT TO THE SENATE ON ceed to these bills. Senators can expect STEPHANIE K. SEYMOUR, RETIRED. FEBRUARY 14, 2006.

VerDate Mar 15 2010 23:34 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 9801 E:\2006SENATE\S04MY6.REC S04MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY