June 15, 2006 CONGRESSIONAL RECORD — SENATE S5921 that this is not sufficient and, there- and the Santorum amendment. These [Rollcall Vote No. 172 Leg.] fore, we should oppose this amend- differences include a number of new YEAS—46 ment. I would think half a loaf is bet- provisions in the amendment that are Allard DeMint McConnell ter than no loaf. This, by the way, was not in the S. 333. Some of them are: Allen DeWine Murkowski not in the Iran Freedom and Support Bayh Dole Nelson (FL) Remove the requirement that a par- Bond Domenici Roberts Act. This is one of the provisions Sen- ent or a subsidiary of a person against Brownback Ensign Santorum ator LEVIN mentioned that was added, whom sanctions have been issued must Bunning Frist Sessions frankly, out of respect for the concerns have actual knowledge of the activities Burns Graham Snowe Burr Grassley Stevens the Senator from New Jersey raised before sanctions can be issued against Chambliss Hatch Sununu and has raised on the floor repeatedly. Coburn Hutchison them. Talent This is an attempt to make a good- Coleman Inhofe Remove the requirement that an af- Thune faith attempt—and I do mean that—a Collins Isakson filiate of the Company against which Conrad Kyl Vitter good-faith attempt to meet the Sen- Voinovich sanctions have been issued must have Cornyn Lieberman ator from New Jersey halfway and to Craig Lott Wyden actual knowledge of the activities be- take his policy and put it in place in a Crapo Martinez fore sanctions can be issued against prospective manner. If that is not suffi- them. NAYS—53 cient for the Senator from New Jersey, Akaka Feingold Menendez that is fine. He is welcome to oppose Remove Libya from the scope and Alexander Feinstein Mikulski the amendment. title of the Iran Libya Sanctions Act. Baucus Gregg Murray Mr. LAUTENBERG. Will the Senator Would impose an additional condi- Bennett Hagel Nelson (NE) Biden Harkin Obama yield for a question? tion on the exercise of the President’s Bingaman Inouye Pryor Mr. SANTORUM. I will be happy to waiver authority by imposing an addi- Boxer Jeffords Reed yield. tional element in the report that must Byrd Johnson Reid Cantwell Kennedy Salazar Mr. LAUTENBERG. Mr. President, is be submitted to Congress prior to the Carper Kerry Sarbanes the Senator aware that the exemption waiver going into effect. Current law Chafee Kohl Schumer in his amendment would make it al- requires, among other elements of the Clinton Landrieu Cochran Lautenberg Shelby most impossible to hold a U.S. com- report, an assessment of the signifi- Dayton Leahy Smith pany liable for doing business with Iran cance of the assistance provided to the Dodd Levin Specter through a foreign subsidiary? development of Iran’s petroleum pro- Dorgan Lincoln Stabenow Mr. SANTORUM. My understanding duction. The new requirement would Durbin Lugar Thomas Enzi McCain Warner is that we crafted this language pursu- also require an assessment of the sig- ant to the language the Senator from nificance of the assistance to the devel- NOT VOTING—1 New Jersey used in the past and put a opment of Iran’s weapons of mass de- Rockefeller threshold we thought was—I think it struction or other military capabili- The amendment (No. 4234) was re- was a $20 million threshold we put in ties. jected. place which we thought was a reason- Reduces operations and maintenance Mr. WARNER. Mr. President, I move able threshold of investment to reach funding for the Army for Iraq and Af- to reconsider the vote. the level of sanction. ghanistan by $100 million. Mr. FRIST. I move to lay that mo- If the Senator from New Jersey In other instances, there are modi- tion on the table. would like to toughen that language or fications to provisions in the amend- The motion to lay on the table was change the threshold, I would be happy ment that are included in S. 333. For agreed to. to sit down and talk with him about it. The PRESIDING OFFICER. The ma- instance, both S. 333 and the Santorum I am open to discussion. jority leader. amendment would expand the universe My only point, and I think the point Mr. FRIST. Mr. President, at this of persons against whom sanctions we have had in this discussion in the moment we do want to honor the 2,500 could be imposed to include a private past, is I don’t believe it is proper to Americans who have given their lives or government lender, insurer, under- penalize companies that have invest- in Iraq, and their families. We ask all writer, reinsurer, or guarantor of a per- ments there, in many cases long- Senators to take their seats and offer son sanctioned. S. 333 would require standing investments. What we want to that moment of silence. that these persons would have to have do is discourage future investment. The PRESIDING OFFICER. Under actual knowledge of the activities of That is what we attempt to do in this the previous order, the Senate will ob- the person sanctioned; the Santorum amendment. If the Senator does not be- serve a moment of silence out of re- amendment does not include the re- lieve it has been effectively written, I spect for our fallen troops. quirement of actual knowledge. will be happy to sit down with him, in (The Senate observed a moment of si- all sincerity, and work to make it ef- Both S. 333 and the Santorum amend- lence.) fective that future investments are dis- ment would expand the definition of a AMENDMENT NO. 4257 couraged. person to include a financial instution, The PRESIDING OFFICER. Under Mr. LAUTENBERG. Mr. President, I insurer, underwriter, reinsurer, guar- the previous order, there are now 2 have another question, if I may, and antor. The Santorum amendment minutes equally divided prior to the that is, would the Senator be willing to would also include any other business vote on the Biden amendment. move the vote back, if we can do it, so organization, including any foreign Who yields time? we can discuss the language? subsidiaries of the foregoing. Mr. BIDEN. Will the manager yield Mr. WARNER. Mr. President, we are The PRESIDING OFFICER. All time me time to speak to my amendment? under a unanimous consent agreement. has expired. The question is on agree- The PRESIDING OFFICER. The Sen- The time, I believe, has expired. ing to amendment No. 4234. The yeas ator has 1 minute. The PRESIDING OFFICER. There is and nays have been ordered. The clerk Mr. BIDEN. Mr. President, our 6 seconds remaining. will call the roll. amendment merely states that we sup- Mr. WARNER. Will the Senator yield The assistant legislative clerk pro- port the President’s efforts, in a nut- back the 6 seconds so we can get to the ceeded to call the roll. shell. I only have a minute. We support vote? I regret we have to move forward. the President’s efforts in negotiations Mr. DURBIN. I announce that the Mr. SANTORUM. The Senator has with our European allies, the Russians, Senator from West Virginia (Mr. heard his answer. and Chinese to both offer incentives ROCKEFELLER) is necessarily absent. Mr. WARNER. There are Senators and sanctions to Iran regarding its pro- who have to go to the Pentagon for a The PRESIDING OFFICER. Are there ceeding with construction of a nuclear memorial service. The yeas and nays any other Senators in the Chamber de- weapon. have been ordered. siring to vote? I yield the floor. Mr. LEVIN. Mr. President, there are The result was announced—yeas 46, Mr. WARNER. Mr. President, I yield a number of differences between S. 333 nays 53, as follows: a minute to the distinguished senior

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S5922 CONGRESSIONAL RECORD — SENATE June 15, 2006 Senator from Pennsylvania, Mr. Mr. SESSIONS. Mr. President, I see of Iraqi blood.’’ Ergo, there would be SANTORUM. the Senator from Florida is here. amnesty for those who would have been The PRESIDING OFFICER. The Sen- I yield the floor. involved in the shedding of American ator from Pennsylvania has 1 minute The PRESIDING OFFICER. Who blood. in opposition. yields time? Now, it is possible—and this Senator Mr. SANTORUM. Mr. President, as I The Senator from Florida is recog- hopes that something was lost in the said during debate, this amendment nized. translation because I cannot imagine simply says that we support the Presi- AMENDMENT NO. 4265 the Prime Minister of Iraq turning on dent’s effort to negotiate a diplomatic Mr. NELSON of Florida. Mr. Presi- his heel away from American troops resolution to Iran’s garnering of nu- dent, I send to the desk an amendment. and suddenly—as he is trying to bring clear weapons. I support the amend- The PRESIDING OFFICER. Without about reconciliation in his country— ment. I wish the President and those objection, the pending amendment is trying to then say as part of that rec- efforts well. I suspect we will be back, laid aside. onciliation we are going to give am- talking about this again in the future. The clerk will report the amendment. nesty for anybody who killed American The PRESIDING OFFICER. The The legislative clerk read as follows: men and women. question is on agreeing to the amend- Well, naturally the Government of The Senator from Florida [Mr. NELSON], ment. The yeas and nays have been or- the United States should not stand for for himself and Mr. MENENDEZ, proposes an dered. The clerk will call the roll. amendment numbered 4265. this. That is why Senator MENENDEZ The bill clerk called the roll. and I are offering this amendment to Mr. NELSON of Florida. Mr. Presi- Mr. DURBIN. I announce that the the Defense authorization bill, so that dent, I ask unanimous consent that Senator from West Virginia (Mr. we can clearly set forth the policy—in reading of the amendment be dispensed ROCKEFELLER) is necessarily absent. this case, the sense of the Senate—that with. The PRESIDING OFFICER. Are there we will not stand for this. The PRESIDING OFFICER. Without any other Senators in the Chamber de- By the adoption of this sense of the objection, it is so ordered. siring to vote? Senate amendment, clearly our Presi- The result was announced—yeas 99, The amendment is as follows: dent should speak to the Iraqi Prime nays 0, as follows: (Purpose: To express the sense of Congress Minister, who he just spoke with a cou- [Rollcall Vote No. 173 Leg.] that the Government of Iraq should not ple of days ago, and he should speak YEAS—99 grant amnesty to persons known to have attacked, killed, or wounded members of with him immediately to get him to re- Akaka Dole Martinez tract this statement. There should be Alexander Domenici McCain the Armed Forces of the United States) Allard Dorgan McConnell At the end of subtitle A of title XII, add no amnesty for those who murder Allen Durbin Menendez the following: American troops. American troops con- Baucus Ensign Mikulski SEC. 1209. SENSE OF CONGRESS ON THE GRANT- tinue to serve bravely, and they are Bayh Enzi Murkowski ING OF AMNESTY TO PERSONS fighting for the freedom of all Iraqis. Bennett Feingold Murray KNOWN TO HAVE KILLED MEMBERS Biden Feinstein Nelson (FL) So it brings us to a point that is pretty OF THE ARMED FORCES IN IRAQ. Bingaman Frist Nelson (NE) clear. The Senate should go on record Bond Graham Obama (a) FINDINGS.—Congress makes the fol- as having said that we repudiate that Boxer Grassley Pryor lowing findings: Brownback Gregg Reed (1) The Armed Forces of the United States statement. Bunning Hagel Reid and coalition military forces are serving he- I will very clearly state what the Burns Harkin Roberts roically in Iraq to provide all the people of Senate sense of the Congress is, that Burr Hatch Salazar Iraq a better future. the Government of Iraq should not Byrd Hutchison Santorum Cantwell Inhofe Sarbanes (2) The Armed Forces of the United States grant amnesty to persons known to Carper Inouye Schumer and coalition military forces have served have attacked, killed, or wounded Chafee Isakson Sessions bravely in Iraq since the beginning of mili- members of the Armed Forces of the Chambliss Jeffords Shelby tary operations in March of 2003. United States and that the President Clinton Johnson Smith (3) More than 2,500 members of the Armed Coburn Kennedy Snowe Forces of the United States and members of should immediately notify the Govern- Cochran Kerry Specter coalition military forces have been killed ment of Iraq that the Government of Coleman Kohl Stabenow the United States strongly opposes Collins Kyl Stevens and more than 18,000 injured in operations to Conrad Landrieu Sununu bring peace and stability to all the people of granting amnesty to persons who have Cornyn Lautenberg Talent Iraq. attacked members of the Armed Forces Craig Leahy Thomas (b) SENSE OF CONGRESS.—It is the sense of of the United States. Crapo Levin Thune Congress that— It is fairly straightforward. I could Dayton Lieberman Vitter (1) the Government of Iraq should not go on and on with comments. I am DeMint Lincoln Voinovich grant amnesty to persons known to have at- DeWine Lott Warner awaiting the arrival of Senator MENEN- Dodd Lugar Wyden tacked, killed, or wounded members of the Armed Forces of the United States; and DEZ because I want him to make some NOT VOTING—1 (2) the President should immediately no- comments as well. Rockefeller tify the Government of Iraq that the Govern- If you do what a number of us in this The amendment (No. 4257) was agreed ment of the United States strongly opposes body have done in visiting either with to. granting amnesty to persons who have at- the families of those who have borne Mr. GREGG. Mr. President, I move to tacked members of the Armed Forces of the the brunt of the fighting and have United States. reconsider the vote, and to lay that given the ultimate sacrifice or if you motion on the table. Mr. NELSON of Florida. Mr. Presi- have visited with those who return The motion to lay on the table was dent, a significant hubbub has occurred wounded and maimed, then there is no agreed to. as a result of stories that have ap- question there should be no obfusca- Mr. GREGG. Mr. President, I ask peared in this morning’s Washington tion as to the policy of granting am- unanimous consent that I be allowed to Post that directly affect the defense nesty to those who have killed Ameri- proceed as if in morning business for up posture of this country. It is stated in cans. to 25 minutes, and that after I have the Washington Post that the Prime I remember going back to the time spoken Senator NELSON of Florida be Minister of Iraq is expected to release that I served as a captain in the Army, recognized. within days a ‘‘plan [that] is likely to which was years and years ago. One of The PRESIDING OFFICER (Mr. include pardons for those who had at- the most dread duties I had was to be VITTER). Without objection, it is so or- tacked only U.S. troops’’ in Iraq. That the officer who was given the task of dered. is according to a top adviser. notifying the loved ones in the family (The remarks of Mr. GREGG and Mr. As a matter of fact, the Prime Min- of a service person who was killed. SESSIONS pertaining to the introduc- ister of Iraq is quoted as saying—and I That, of course, is an exceptionally tion of S. 3521 are printed in today’s will get to the quote—reconciliation emotional event. And although it was RECORD under ‘‘Statements on Intro- could include an amnesty for those decades ago, those experiences are duced Bills and Joint Resolutions.’’) ‘‘who weren’t involved in the shedding seared in my memory because of the

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Is your government have come out. I hope that is ulti- saving the vital organs, their lives are thinking about offering amnesty to those mately where the intention is. But it being saved, but they have been that attacked only U.S. military? became very clear to me. I hope my maimed. The extremities are often the This is Dr. Rubaie’s reply: colleagues have had the opportunity to part of the body that is the casualty This is not the case. I’m sorry to say that read today’s Washington Post article. since the body armor is saving the the prime minister of Iraq has been mis- It says: ‘‘Iraq Amnesty Plan May Cover vital organs. As a result, what we see is quoted and misunderstood. He did not mean Attacks On U.S. Military.’’ When you a lot of soldiers and sailors and Ma- to give amnesty to those who killed Ameri- read the statements there, I have to be rines who come back, and they are just cans. honest, they were very unequivocal but As a matter of fact, if you go there in his unequivocal in a way that we could not as optimistic as they can be in their meeting with the President Bush a couple of outlook and yet think of the life that accept as the U.S. Senate. days ago, he looked the president in the eye As I continued to reread this article, they will live with the maiming that and he said, thank you very, very much for has occurred. Their life was spared, but liberating our country. Please thank the my anger grew. In the article it refers their life is going to be clearly dif- American wives and American women and to the Prime Minister of Iraq acknowl- ferent for the future. American mothers for the treasure and blood edging that reconciliation could in- Anyone who would dare suggest that they have invested in this country. It’s well clude an amnesty for those ‘‘who in the formulation of a new govern- worth investing, of liberating 30 million peo- weren’t involved in the shedding of ple in this country. And we are ever so grate- Iraqi blood.’’ That is where the quote ment of Iraq, which we, the United ful. States Government, clearly support, ends. There is not one single mention And we will—the blood of the Iraqi soldier of American blood. Is that a misinter- anyone who would even contemplate and the blood of Iraqi civilian soldier is as that that government have a policy sacred to us as the American soldier. We are pretation? Is that an oversight on the that, as they try to build reconcili- fighting the same war, we are fighting to- day on which we recognize the loss of ation, they are going to grant amnesty gether, and this is a joined responsibility. 2,500 American soldiers and the thou- to those who have killed Americans, as And we will never give amnesty to those who sands and thousands who have shed we say in the South, they have to have have killed American soldiers or killed Iraqi their blood and come back injured? Is soldier or civilian. another thing coming, because we are that an oversight? What the prime minister is going to give How about American blood and not going to tolerate it. amnesty to are those who have not com- American lives, Mr. Prime Minister? I offer a simple resolution on behalf mitted the crimes, rather they’re against Are you willing to have reconciliation of the Senate. I hope it is not going to Iraqis or coalition. Those who have—still on the pool of American blood that has be controversial. I hope it will be ac- carry arms and they might have probably been spilled to give your country and cepted. done some minor mistakes in storing some your people a chance for freedom? Is I ask for the yeas and nays on the arms or allowing some terrorists to stay there so little value to the 2,500 Amer- amendment. overnight or shelter, give shelter to some of these insurgents. That’s it. Basically, it’s a ican lives that have been lost and the The PRESIDING OFFICER. Is there a goodwill gesture he’s extending to the Sunni over 18,000 wounded on behalf of your sufficient second? community, to those who have committed country that you wouldn’t even think There appears to be. some mistakes in the past. about including American lives when The yeas and nays were ordered. I don’t know exactly how it all came you were talking about Iraqi lives? No The PRESIDING OFFICER. The Sen- about or how the comments were made. way. No way. ator from Alabama is recognized. Mr. Maliki is new to being Prime Min- Then I look at the article and look at Mr. SESSIONS. Mr. President, I had ister. There are language difficulties. I the quotes attributed to Adnan my fourth trip to Iraq recently and hope this reflects the firm view of the Kadhimi, a top adviser to Maliki. What met with a number of leaders over people of Iraq. I find it consistent with does he say? He says: there. I have been impressed with them the responses I have had when I talked The government has in mind somehow to and have enjoyed them. I know Senator to the Iraqi leadership. do reconciliation, and one way to do it is to NELSON has also. He and I are the chair I thank the Senator from Florida for offer an amnesty . . . and ranking member respectively of raising the question. I am pleased to Then he goes on to talk about am- the Strategic Forces Subcommittee. see this very strong response from the nesty. He says: We have worked together on many im- national security adviser, Prime Min- We can see if somehow those who are so- portant issues. ister Maliki’s top adviser on national called resistance can be accepted if they I wanted to say a couple things. security. have not been involved in any kind of crimi- First, the amendment he has is of Mr. NELSON of Florida. Will the nal behavior, such as killing innocent people value and will be something that can Senator yield for a question? or damaging infrastructure, and even infra- be accepted. I believe it should be. You Mr. SESSIONS. I will. structure, if it is minor, will be part of it. worry a little bit that maybe language Mr. NELSON of Florida. This Sen- So we have this elaborate plan that difficulties come into play in how ator hopes, too, as I said at the outset talks about even infrastructure, but miscommunications can occur. Even of this Senator’s remarks, that there is doesn’t talk about American lives. And among those of us who speak English something lost in the translation, a then, when asked about clemency for together, we can have misunder- mistake. But if there is, it is time for those who attacked U.S. troops, he standings. Prime Minister Maliki to step forward goes on to say—the adviser to the I was just handed a CNN interview and clarify it. He can easily clarify it. Prime Minister—that ‘‘that’s an area today. It just came across the wire. It But that does not diminish the need for where we can see a green line.’’ was by a reporter, Daryn Kagan, with the sense of Congress that says that There is some sort of preliminary un- the new national security adviser to the Government of Iraq should not derstanding between us and the U.S.- Prime Minister Maliki in Iraq. He was grant amnesty to persons known to led multinational force in Iraq that asked about this very subject because have attacked, killed, or wounded there is ‘‘a patriotic feeling among the the reporter obviously felt some of the members of the Armed Forces of the Iraqi youth and the belief that those same concerns the Senator from Flor- United States. attacks are legitimate acts of resist- ida raised. He said this to him. Mr. SESSIONS. I thank the Senator ance and defending their homeland. The reporter: from Florida. These people will be pardoned defi- Doctor, I know there’s a big effort by your I yield the floor. nitely, I believe.’’ government in your country to try to pre- The PRESIDING OFFICER. The Sen- Well, who in the U.S.-led multi- vent civil war. And as a part of that, the ator from New Jersey is recognized. national force has an understanding

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We cannot allow to chance that as we historically have known warfare. cally in the principal reason for ad- those statements attributed on the They were killed in acts of terror. vancing the war on terrorism, and that record—one directly by the Prime Min- All of us who are committed to free- was to protect us at home. Almost 5 ister and one directly by his top ad- dom and democracy should recognize years later, we have not been attacked viser—can be equivocated on. We have that their murders, 39 Nevadans, de- again. While nobody will predict that to send a very strong message that we serve justice. While I support reconcili- we will never be attacked again, it is will not tolerate amnesty to those who ation efforts to bring Iraqi political noteworthy that we have not been at- have taken the lives of American sol- factions together, I don’t support am- tacked again. Believe me, it is not an diers and for those who have spilled nesty for those who commit acts of ter- accident. Why have we not been at- American blood in defense of their ror against Americans. tacked again? Because we went into Af- country. It sends the wrong signal to our ghanistan and into Iraq. We liberated Just a little while ago, we had a mo- troops, the wrong signal to the Iraqis, 50 million people. A lot of the terror- ment of silence for the 2,500 American and it sends the wrong signal to all ists are dead. Several are at Guanta- soldiers who have died in Iraq. Let’s do Americans. It certainly sends a wrong namo. Many are hiding in their caves. much more than have a moment of si- signal to the insurgents who have now Yes, some are still around doing mis- lence in the face of these statements. been given the message that they can chief in Baghdad rather than in Wash- Let’s make sure the taking of Amer- attack our forces without consequence. ington or New York. ican lives can never be rewarded with President Bush continually makes a This is the time we ought to be hav- amnesty. The Senate has an oppor- point of saying that a free Iraq means ing the debate about Iraq strategy. We tunity to make a clear, unequivocal the United States will have a friend in are on the Defense authorization bill. Colleagues on the other side have said statement that it is unacceptable, and the Middle East. This amnesty pro- they were going to offer an amendment I believe that it should take this oppor- posal is no sign of friendship; it is a to advocate withdrawal by the end of tunity. It is not only with a moment of sign of hostility which dishonors the the year. Let’s have that debate. I can- silence that we show our respect, it is sacrifice of our troops. Our troops de- serve better. Again, I urge the Presi- not think of a better time. with our deeds that we show our re- Right now in Iraq, according to the dent to tell the new Iraqi Government spect. latest AP story, since we were able to to stand down. America will not stand Let the Senate act unanimously and get Zarqawi last week, we have carried as our troops are dishonored in this speak with one voice to make it very out 452 raids; 104 insurgents were killed way. clear that this should not even be a during those actions; we have discov- It seems so unfortunate that after thought on behalf of the Iraqi Govern- ered 28 significant arms caches; 255 of the President’s visit in Iraq, a day ment. Then we will have honored the the raids were joint operations, with later this is floated through the Iraqi lives of those people, our fellow Ameri- 143 of them carried out by Iraqi forces Government. It is too bad. We deserve cans, who gave the ultimate sacrifice alone; and the raids resulted in casual- better. on behalf of their country. ties of 759 anti-Iraqi elements. That is The PRESIDING OFFICER. The Sen- With that, I yield the floor. just in the last week. So we have them The PRESIDING OFFICER. The mi- ator from Kentucky is recognized. on the run in Iraq. Mr. MCCONNELL. Mr. President, I nority leader is recognized. Why would anybody want to suggest have listened with interest to my good Mr. REID. Mr. President, yesterday that we ought to run when we have friend from Nevada. I hope Senators afternoon, I placed a call to a Nevada them on the run? But I think that is a mother, Jennifer Laybourn. These calls will be more supportive of our elected legitimate debate. I hoped that we are not easy; they are hard. Like many allies who are the Government of Iraq. would have it. It is 2:10. I have been other Nevada mothers, she lost a boy, The national security adviser for the waiting anxiously all day, assuming 19 years old, her son David, in Iraq. He Government of Iraq just said a few that we would have that amendment was performing his duties as a soldier hours ago: laid down by those on the other side of when he was killed by an improvised And we will never give amnesty to those the aisle and get on about the debate. explosive device. Again, he was 19 years who have killed American soldiers or killed Maybe we should have it in any event Iraqi soldiers or civilians. old. because it is time to step up and be Nevada has lost 39 soldiers in Iraq. So this notion of amnesty about a counted. Nevada is a small, sparsely populated new, duly-elected Iraqi Government is Do we want to stay and finish the job State. Thirty-nine is a lot of funerals, a sideshow, an effort to divert our at- and continue to protect America or do a lot of sorrow for those of us from Ne- tention away from the core issue. Over we want to send a message to the ter- vada. There is no way we can ever in the House of Representatives today, rorists, when we have them on the run, repay those 39 Nevada heroes and their they are having a much needed debate that we are about to cut and run and parents, siblings, family, and friends on the Iraq war. I had hoped that we leave them there to their own devices? for their sacrifices. But we must al- would have that debate in the Senate. I don’t know any responsible countries ways make sure their service is hon- I read that several of our colleagues on in the world at this point, regardless of ored, which is why today I compliment the other side of the aisle were inter- how they may have initially felt about and applaud Senators NELSON from ested in offering an amendment that the decision to go into Iraq, that think Florida and MENENDEZ from New Jer- would codify what they have said pub- it is a good idea to leave now—particu- sey, and to express my complete shock licly, which is that the troops ought to larly as we are making dramatic and outrage that the Iraqi Prime Min- be out by the end of this year. I hope progress with their new constitution; a ister has even considered granting am- they will come down and offer that new, fully staffed government; the nesty to the insurgents who have killed amendment. I hope we will have that death of the most notorious terrorist our troops. debate. I think it is a good time to in the country; these successful raids Up to this day, today, we have lost have that debate. that have been carried out in the last 2,500 soldiers in Iraq. The mere idea It is a good time to remind the Amer- week; and the effort underway to clean that this proposal would go forward is ican people that it is no accident that Baghdad out. an insult to the brave Nevadans who we have not been attacked again since Why in the world would we want to have died in the name of Iraqi freedom, 9/11. Nobody would have predicted that say to those elements in Iraq, which and this doesn’t take into consider- in the fall of 2001. If we asked for a want the country to be a haven for ter- ation those Nevadans who have been show of hands in the Senate of how rorism forever, that you can count on

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Will the Senator There had been some suggestion that withdrawal by the end of the year. yield for a question at this point? the Iraqis were planning on granting That is a debate I thought we were Mr. MCCONNELL. I will. amnesty to those who had killed Amer- going to be having, rather than adopt- Mr. CORNYN. Mr. President, I ask ican soldiers. But if I understood the ing resolutions condemning one part of the distinguished majority whip, isn’t distinguished majority whip, the Na- the Iraqi Government or another—the the real difference between those of us tional Security Adviser said: Iraqi Government, of course, being a who believe war is bad and must never And we will never give amnesty to those great ally of the United States in the be fought and those of us who believe who killed American soldiers or who killed war on terrorism. that war is bad but must sometimes be Iraqi soldiers or civilians. Maybe that debate will occur later in fought for the right reasons? What is If that language is true, that they the day, and I look forward to hearing the alternative to fighting the good would never do that, would the Senator from the Senator from Florida when we fight that our troops are fighting in care to venture a guess as to what the have that debate. I am sure he will be Iraq now? I just ask whether the Sen- reason for this supposed sense of the arguing the vote on that should be no, ator has heard any alternatives offered Senate is to condemn some amnesty and the Senator from Florida, of by our friends on the other side of the that will never be given? course, will be entirely correct; that is aisle? Mr. MCCONNELL. It sounds to me, I exactly how that amendment should be Mr. MCCONNELL. Mr. President, I answer my good friend from Texas, as dealt with. I hope it will be defeated say to my friend from Texas, the only some kind of diversion from the core overwhelmingly. alternative I heard suggested, I have issue we ought to be debating in the Mr. REID addressed the Chair. read about it in the press—I have not Senate, which is these suggestions that Mr. MCCONNELL. Does the Senator heard it offered on the floor yet—is have been made by a number of our col- have a question or is he seeking the that we essentially give the terrorists leagues that we ought to have all the floor? advance notice that we are going to be troops out by the end of the year. It is Mr. REID. I thought the Senator was out of the country by the end of the time to have that debate in the Senate, finished. year. not a sense-of-the-Senate resolution Mr. MCCONNELL. I yield the floor. Look, we all hate, as the Senator about a proposal, as the Senator from The PRESIDING OFFICER. The mi- from Texas indicated, to read reports Texas points out, that has been shot nority leader. of the death of any of our troops. We down today by the National Security Mr. REID. Mr. President, my friend value human life in this country great- Adviser in Iraq who, as the Senator from Kentucky and my friend from ly. We do not, however, honor those from Texas indicated, said today: Texas are involved in a debate that who have given their lives in this great And we will never give amnesty to those doesn’t exist. The amendment before cause by giving up when we are making who have killed American soldiers or who the Senate, which will require a vote, killed Iraqi soldiers or civilians. dramatic progress. And it is also im- is based on a sense-of-the-Senate reso- What part of ‘‘never give amnesty’’ portant to remember that while we lution offered by the Senator from do our colleagues not understand? value every single life, we have lost Florida, Mr. NELSON, and the Senator Mr. NELSON of Florida. Will the fewer of our soldiers liberating Afghan- from New Jersey, Mr. MENENDEZ. Here Senator yield? is what the matter pending before the istan and Iraq—50 million people liber- Mr. REID addressed the floor. Senate now says: ated—than we lost on 9/11 in one morn- Mr. MCCONNELL. I believe I have ing or in Normandy during the inva- the floor. Would someone like to ask a Congress makes the following findings: sion in World War II. (1) The Armed Forces of the United States question? and coalition military forces are serving he- So while we value every life and we Mr. NELSON of Florida. Mr. Presi- regret the loss of each soldier, it is ex- roically in Iraq to provide all the people of dent, will the Senator yield? Iraq a better future. tremely difficult to fight a war and Mr. MCCONNELL. I yield to my (2) The Armed Forces of the United States lose absolutely no one. friend from Florida for a question. and coalition military forces have served Mr. CORNYN. Mr. President, if the Mr. NELSON of Florida. This Sen- bravely in Iraq since the beginning of mili- Senator will yield for an additional ator clearly doesn’t support pulling the tary operations in March of 2003. question, I ask the distinguished ma- troops out of Iraq by the end of the (3) More than 2,500 members of the Armed jority whip, what does he believe the year. This Senator offered an amend- Forces of the United States and members of consequences in Iraq to be—and not ment which is a sense-of-the-Senate the coalition forces have been killed and just to Iraq, but to America itself in more than 18,000 injured in operations to amendment that the Government of bring peace and stability to all the people of terms of our own security—if we were Iraq should not grant amnesty to per- Iraq. to precipitously draw down our forces sons known to have attacked, killed, or (b) Sense of Congress.—It is the sense of and leave a void there that might then wounded members of the Armed Forces Congress that be filled by enemies of our country and, of the United States based on this (1) the Government of Iraq should not indeed, terrorists akin to those who at- morning’s story in this newspaper that grant amnesty to persons known who have tacked our country on 9/11? indicates comments that were made by attacked, killed, or wounded members of the Armed forces of the United States; and Mr. MCCONNELL. Mr. President, I the Prime Minister. (2) the President should immediately no- say to my friend from Texas, I think Is the Senator suggesting that he tify the Government of Iraq that the Govern- one thing that is pretty obvious is the does not agree with the sense-of-the- ment of the United States strongly opposes terrorists would have a haven from Senate resolution being expressed in granting amnesty to persons who have at- which to operate, once again, such as this amendment as laid down by this tacked members of the Armed Forces of the they had in Afghanistan for a number Senator from Florida? United States. of years prior to our clearing that out Mr. MCCONNELL. Mr. President, an- That is very clear. That is what we and giving those folks an opportunity swering the question, let me just re- are going to be called to vote on. to set up a democratic government. peat what the National Security Ad- Why do we have this before us? Be- They would have a base of operations viser in Iraq has just said: cause last night a man by the name of right in the Middle East from which to And we will never give amnesty to those who Adnan Ali al-Kadhimi, a top adviser to attack our neighbors, to attack the Eu- killed American soldiers or who killed Iraqi the Prime Minister of Iraq, said, among ropeans, and probably attack us again. soldiers or civilians. other things, the following: That would be the consequence of cut- Is it helpful to be passing resolutions Asked about clemency for those who at- ting and running just on the heels of condemning our allies in Iraq for posi- tacked U.S. troops, he said: ‘‘That’s an area

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It makes no These people will be pardoned definitely. mine. sense for the Senate to shake its finger That is the reason for this resolution. The PRESIDING OFFICER. Is there at the new Government of Iraq and to It is not about an amendment that will objection? criticize them, whether it is a con- be offered and there will be some other Mr. LEVIN. I object. demnation or a criticism or an admon- debate. It is about whether the people The PRESIDING OFFICER. Objec- ishment or whatever you want to call of Iraq, who are running that govern- tion is heard to the unanimous consent it, for something that they have ex- ment, should pardon those people, request. pressed that they have no intention of grant amnesty to the people who have Who seeks recognition? doing. I don’t dispute from a proce- attacked our forces either through Then Senator from Texas. dural standpoint the Senator’s right at snipers, armed combat, or explosive de- Mr. CORNYN. Mr. President, since some point, perhaps, to have a vote on vices. It is a simple vote. we are going to be on the amendment the sense-of-the-Senate amendment, Further, the man went on to say they of the Senator from Florida for a few but I just question the wisdom of pro- would consider taking a look at Iraqi minutes, I have a couple other ceeding in this way when we are a na- forces who were attacked. They thoughts I would like to offer to our tion at war. wouldn’t necessarily be given amnesty colleagues in response to those offered We have done everything that we like those who attacked Americans. by the Democratic leader. could to help the Iraqi people help That is a pretty clear vote, Mr. Presi- First of all, I don’t know why, after themselves, from training their secu- dent. And that is the issue before the the Iraqi officials have disclaimed any rity forces to encouraging them and Senate, not some make-believe thing intent whatsoever to offer amnesty to helping them in the development of a that will come at some later time, those who have killed an American sol- new government, something that is maybe. The issue before the Senate dier, we would gratuitously offer a really a miracle to behold, if you think today is whether this resolution will be sense-of-the-Senate amendment to con- about it. Three years ago, they had a approved, yes or no, based upon state- demn them for doing something they blood-thirsty dictator with his boot ments made by officials in Iraq. said they are not going to do, unless we heel on the back of the neck of the Someone has since then said: We are engaged more in gamesmanship Iraqi people, responsible for killing don’t like that. Good. We should adopt than we are in working and passing se- hundreds of thousands of Iraqis, and a this resolution anyway. This is no at- rious legislation. threat to the entire world because of tack on the Iraqi Government other The comment was made earlier that the potential partnerships with terror- than to say: Be careful, don’t tread on perhaps this is just a diversion. I ists who might export their terror to our soldiers’ graves. thought we were going to have a seri- places such as the United States. Why This is the debate before us. I talked ous debate about whether we were we would gratuitously take an occa- about a woman I called yesterday in going to bring our troops back home sion like this, to distract us from the Nevada who lost her 19-year-old son in and on what kind of timetable we were important business that we are about, Iraq, and to think that anyone in the going to do that, whether it is some ar- to criticize in one way, form, or fashion Iraqi Government—anyone in the Iraqi bitrary timetable or, instead, whether the new Iraqi Government which is just Government—should pardon an Iraqi it is based on conditions on the ground. beginning to show that they are able to who killed this young man is repulsive. I thought that was the kind of debate take the first small steps toward self- That is what the debate is about today. we were going to have today, not some determination and self-governance, It is not about these terms that my sort of manufactured debate offering a why we would take this occasion to ad- friends like to throw around—cut and sense-of-the-Senate resolution to di- monish them for something they have run, tax and spend. vert public attention from an issue expressly indicated no intention of The American people know what is that does not exist about this amnesty doing is beyond me. going on here. They know what is that has been suggested which has been Mr. MCCONNELL. Would the Senator going on. We all want the Iraqi issue to expressly disclaimed by the Iraqi lead- yield for a question? proceed even though it is costing us ership. Mr. CORNYN. I would. $2.5 billion a week, 2,500 dead soldiers, My suggestion is that we move on to Mr. MCCONNELL. I know the Sen- 18,000 or 20,000 wounded, a third of the serious work that the people of this ator from Texas and I covered this a them grievously wounded, 20 percent of country sent us here to do and not to few moments ago, but I would ask the them coming back from Iraq with post- engage in sideshows, which is clearly Senator from Texas again if it is not traumatic stress syndrome with a Vet- what this sense-of-the-Senate propo- the case that the national security ad- erans’ Administration that is under- sition is designed to do. viser to the Iraqi Government just this funded. Mr. NELSON of Florida. Will the very day said the following: And we That is what this is all about. It is Senator yield? will never give amnesty to those who not about some other issue. It is about Mr. CORNYN. I will be glad to yield have killed American soldiers or killed whether the Government of Iraq, now for a question. Iraqi soldiers or civilians? or at any other time in the future, Mr. NELSON of Florida. Mr. Presi- Mr. CORNYN. Mr. President, I would should pardon people who harm our dent, since this Senator from Florida is answer the distinguished majority soldiers. Mr. SESSIONS. Mr. President, what the author of the amendment, I would whip by saying, that is exactly the is the agreement at this point? recall, for the consideration of the dis- quotation. The same individuals went The PRESIDING OFFICER. We are tinguished Senator from Texas, that on to say that who the Prime Minister on the Nelson of Florida amendment. there is nothing in this resolution that is going to give amnesty to are those Mr. SESSIONS. The Senator from says anything about condemnation of who have not committed the crimes, Georgia is here. I think he would like the Iraqi Government. It says: It is the whether against Iraqis or coalition to offer an amendment. I yield the sense of Congress that the Government forces. He went on to say, they might floor. of Iraq should not grant amnesty to probably have done some minor mis- Mr. CHAMBLISS. Mr. President, persons known to have attacked, takes in storing some arms or allowing what is the pending business? killed, or wounded members of the some terrorist to stay overnight or The PRESIDING OFFICER. The Armed Forces of the United States. provided shelter. But he has expressly pending business is the amendment of- I would further call to the attention said: We will never give amnesty to fered by the Senator from Florida. of the distinguished Senator that the those who have killed American sol- Mr. LEVIN. Reserving the right to yeas and nays have been ordered on the diers or killed Iraqi soldiers or civil- object. amendment, and as soon as the leader- ians.

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Might it not be resentatives of the European Union, and can? just as useful an exercise to try to pass leaders of the governments of each perma- What are we doing on the floor of the a resolution commending the Iraqi nent member of the United Nations Security Senate trying to debate an issue as to Government for the position they have Council, for the purpose of reaching a com- how this country is going to come back taken today with regard to this discus- prehensive political agreement for Iraq that together again? I am sort of appalled at sion of amnesty? addresses fundamental issues including fed- it, really. I don’t know if anyone else Mr. CORNYN. I would answer the dis- eralism, oil revenues, the militias, security is. But it seems to me that we ought to tinguished majority whip and say, I guarantees, reconstruction, economic assist- do everything we can to encourage ance, and border security. would feel much better about some- them to bring their people together, to thing that was constructive and en- Mr. MCCONNELL. Mr. President, the forget the sins of the past, to forget the couraging in assisting the Iraqi Gov- amendment I have sent to the desk is terrorists of the past, and to pledge ernment in their determination not to the amendment that I believe the Sen- themselves to a new future of democ- give amnesty than I would in offering ator from Massachusetts, Mr. KERRY, racy and have people come forward and criticism where it appears to be gratu- had indicated he was going to be offer- say: I am willing to support this new itous and where it is a distraction from ing today so that we can have an ap- democracy. And if they do, and dem- the debate that I think the American propriate debate on this very impor- onstrate that they do after a period of people would want us to have; that is, tant day about whether it is appro- time, shouldn’t they be recognized as under what conditions do we want to priate to withdraw American troops by being loyal citizens of the new democ- leave Iraq, and are some of the pro- the end of 2006. That is the second-de- racy? posals that some of our colleagues on gree amendment that I just sent to the This is a debate that disturbs me. It the Senate floor have made about set- desk. disturbs me to think we are willing to ting timetables, are those in the best Mr. President, I yield the floor. just seize the moment and make a po- interests of the American people or do The PRESIDING OFFICER. The Sen- litical point—seize the moment and they endanger America by allowing ator from Alaska is recognized. make a point—and not think. It is time perhaps those who are America’s en- Mr. STEVENS. Mr. President, I don’t we started thinking about how we can emies, the enemies of all civilization, have a dog in this fight, you might say, assure and take steps to help this coun- to plot and plan, and then use that but I have been listening to this de- try survive as a democracy. If it be- failed state as a platform to export bate, and I wonder about history. I comes a democracy in that part of the their terrorist activities to other parts wonder about the amendment of the world, it will be a marvelous success, of the world? Senator from Florida. I remember and I think it will lead to greater con- reading so clearly that after the War AMENDMENT NO. 4269 TO AMENDMENT NO. 4265 sideration by other countries of liberal- Between the States, the North lined up Mr. MCCONNELL. Mr. President, I ization of their concepts and giving the those from the South and took their send an amendment to the desk to the people more power. guns and let some of them take them underlying amendment. I believe we ought to try to find some home. I remember so well that after The PRESIDING OFFICER. The way to encourage that country, to World War II, we went through a proc- clerk will report. demonstrate to those people who have ess of trying to urge the governments The assistant legislative clerk read been opposed to what we are trying to involved in the access to obtain a as follows: do, that it is worthwhile for them and pledge from the former members of the their children to come forward and sup- The Senator from Kentucky [Mr. MCCON- military that they would support the NELL] proposes an amendment numbered 4269 port this democracy. And if that is am- to amendment No. 4265. new democracy. That was amnesty. nesty, I am for it, I would be for it. And In Japan, we certainly had a period Mr. MCCONNELL. Mr. President, I if those people who come forward and under General MacArthur which was want to obtain a better life for their ask unanimous consent that further probably the greatest period of am- reading of the amendment be dispensed families in the future are willing to nesty that has ever been known. We support that democracy—if they bear with. helped that country immediately to The PRESIDING OFFICER. Without arms against our people, what is the form a democracy and we never pros- objection, it is so ordered. difference between those people who ecuted the people who killed Ameri- The amendment is as follows: bore arms against the Union in the War cans. Between the States? What is the dif- (Purpose: To require the withdrawal of I wonder seriously about what the United States Armed Forces from Iraq and ference between the Germans and the urge the convening of an Iraq summit) Senator from Florida is doing by tell- Japanese and all the people we have ing this new fledgling democracy that At the end of the amendment add the fol- forgiven? lowing: they cannot go through the process of When I left the war and came home, cleansing, go through the process of SEC. ll. UNITED STATES POLICY ON IRAQ. I had a deep hatred for the Japanese. (a) WITHDRAWAL OF TROOPS FROM IRAQ.— trying to get people who were mis- Today, Mr. President, I have a grand- (1) SCHEDULE FOR WITHDRAWAL.—The Presi- guided, who were part of coalitions daughter who is Japanese. I have a dent shall reach an agreement as soon as that they now are willing to recant, if daughter-in-law who is Japanese. And possible with the Government of Iraq on a they are, to come forward and support her parents were involved in World War schedule for the withdrawal of United States this new democracy. What are we doing II. Now, are we to understand that time combat troops from Iraq by December 31, anyway on the floor of the Senate try- can heal, heal the pain of the past? 2006, leaving only forces that are critical to ing to tell the new democracy what I really wish the Senator from Flor- completing the mission of standing up Iraqi they can and can’t do? I didn’t like security forces. ida would have the courage to with- (2) CONSULTATION WITH CONGRESS RE- that story when I read it in the paper draw the amendment, just withdraw it QUIRED.—The President shall consult with this morning, but I was happy to see and say it was a political effort. This is Congress regarding such schedule and shall the new statement from the security nothing but politics. I will vote to present such withdrawal agreement to Con- people that clarified what they intend table it or vote against it in good con- gress immediately upon the completion of to do. science. the agreement. But the time will come, if that de- Mr. CHAMBLISS. Mr. President, will (3) MAINTENANCE OF OVER-THE-HORIZON mocracy is going to succeed, when they the Senator from Alaska yield for a TROOP PRESENCE.—The President should are going to have to fold into their pop- maintain an over-the-horizon troop presence question? to prosecute the war on terror and protect ulation those who are willing now to Mr. STEVENS. Yes. regional security interests. give up terrorism, those who are will- Mr. CHAMBLISS. Is it not true, Mr. (b) IRAQ SUMMIT.—The President should ing to put aside the activities of the President, that today we have Iraqis convene a summit as soon as possible that past which led them to attack Ameri- who are fighting the war against the

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I am proud to sands of innocent Iraqis, and that ter- killing insurgents on a daily basis? vote against it. rorism would spread through that re- Mr. STEVENS. That is absolutely The PRESIDING OFFICER. The ma- gion, around the world, and, indeed, I true. I would say to the Senator, I was jority leader. believe right here at home. there and participated in the conversa- Mr. FRIST. Mr. President, I just The unity of Iraq that we celebrated tion with some of our military people came to the Chamber a few moments on this floor, the unity of Iraq that has who were trying to find ways to help ago. I understand the pending amend- resulted from a democratically elected the Iraqis take into the regular armed ment is the Kerry amendment, and al- government through three elections, services some of those people who though I have not reviewed it in its en- would be destroyed, would be torn served in the Red Guard under Saddam tirety, I see that it reads that the apart; sectarian violence would ensue Hussein. But they are willing to come President—— and would explode. It would split the forward now and see that there is a The PRESIDING OFFICER. The ma- country apart into segments that, yes, country they would like to support. jority leader will be corrected; the probably would be controlled, but they And if they asked my opinion about pending amendment is the McConnell would be controlled by terrorists, eth- that, I would say I would encourage it. amendment. nic militias, tribal militias. I am con- I would encourage it. I think if there is Mr. FRIST. Mr. President, I under- vinced parts of Iraq would become safe anything that can bring about stability stand. I will speak to the Kerry amend- havens for terrorists who have spelled in that country and have them support ment. I will read that amendment just out—and we think of the letters and this new democracy, we should encour- so my colleagues will be clear what I the words of Zarqawi—who have spelled age it. am talking to. The amendment says: out what their intentions are in terms Mr. ALEXANDER. Mr. President, The President shall reach an agreement as of us here, right here in the United will the Senator from Alaska yield for soon as possible with the Government of Iraq States. a question? on a schedule for the withdrawal of United I believe terrorist bases in Iraq would Mr. STEVENS. I will, Mr. President. States combat troops from Iraq by December threaten Middle East security. Al- Mr. ALEXANDER. Mr. President, I 31, 2006, leaving only forces that are critical though it may be a secondary issue, we wonder if the Senator from Alaska to completing the mission of standing up do know that energy supplies ulti- would agree that as he goes through Iraqi security forces. mately would be disrupted. We have the history of countries that have been As I look at this amendment, as we seen supply go down, demand go up, torn apart by war, including our coun- evaluate it, I think the first thing we and a disruption of energy sources all try in the Civil War and Japan, after must do is say: What if we did cut and over the country. Indeed, I believe it the Second World War, and the proc- run? I know we hear that discussion of would result in a skyrocketing of gas esses of reconciliation, whether South a rapid withdrawal. In many ways, I prices in this country. Africa might not be an example. And is am glad this amendment has come to it not true that Nelson Mandela’s cour- the floor, that it has been put on the The terrorists affiliated with bin age and his ability to create a process floor by Senator KERRY. I think we do Laden and Zarqawi have stated in crys- of reconciliation and forgiveness was a have to grasp what is at stake, and if tal clear terms what their objectives major factor in what has been a polit- we withdraw from Iraq—— are, their aim of overthrowing mod- ical miracle in Africa, where White and Mr. REID. Parliamentary inquiry, erate governments. Black people now are able to live to- Mr. President? Given the presence in Iraq of many of gether in a democracy? Is not that The PRESIDING OFFICER. The Sen- Saddam Hussein’s former weapons sci- process of reconciliation one of the ator will suspend. entists—remember Saddam Hussein? most admired processes in the last cen- Does the majority leader yield for a Forget about weapons of mass destruc- tury? Nelson Mandela, the winner of a parliamentary inquiry? tion right now, but we actually know Nobel Peace Prize just for this sort of Mr. FRIST. I will shortly. Let me fin- that Saddam Hussein and his scientists gesture, would he not fit into the series ish my statement because I think it is have developed weapons of mass de- of examples that the Senator from important to look at the issue that has struction, chemical and biological Alaska used a few moments ago? been put on the floor. I will be very weapons, and he has used both of those Mr. STEVENS. Absolutely. Mr. brief. Then we can do the parliamen- on his own people. Those scientists are President, I would say it falls under tary inquiries back and forth. still around. If we cut and run, I be- the concept of the Christian ethic. We If we withdraw from Iraq before the lieve those scientists once again will are people who believe that you can be Iraqi Government and the Iraqi people pursue and will have the freedom to converted. You can be a nonbeliever are capable of defending their new de- pursue those weapons of mass destruc- and then become a believer. What is mocracy, I am absolutely convinced tion: saran gas, anthrax, biological the difference between that and am- that the terrorists would see this as a weapons. nesty, between those people who may vindication, a vindication of their President Bush has repeatedly stated have been on the wrong side and then strategy of intimidation, of confronta- that the potential combination of ter- will come forward and belong to this tion, and that they would take that rorism and weapons of mass destruc- new government? And if they pledge vindication and continue to challenge tion does pose the greatest threats to and demonstrate to do it, I think it is us elsewhere in the world—in Afghani- the United States. I believe cutting and up to the Iraqis to determine when and stan, in other countries in the region, running would allow those weapons of how they become full-fledged citizens overseas, and, indeed, right here at mass destruction and that terrorism of the new democracy. home. If we were to cut and run, the vi- intent to come back together, to en- But this amendment would have us olence in Iraq would certainly increase. danger the people of the region but also say if they indicate they are going to We know there is violence there, and the people right here in the United grant amnesty to them, that is wrong. we know how tough it is on our troops States of America. Amnesty ought to be a reward for a who are there and the American people In some ways, I am glad this amend- pledge of cooperation and support. In who watch this violence. But I am ab- ment has come to the floor, this modi- this context, the military context, I solutely convinced that if we cut and fication of the amendment. It is clear think you can go through history and run, violence will increase in Iraq, ter- that those calling for an early with- find time after time after time where it rorists will increase their attacks on drawal of American troops from Iraq was successful. But this amendment is the Iraqi people and on that brandnew failed to fully play out, to fully under- a political amendment, and I am tired Iraqi Government. Clearly, it has only stand the potential implications of

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 15, 2006 CONGRESSIONAL RECORD — SENATE S5929 leaving prematurely. Cutting and run- NAYS—6 and the third, now, the sectarian vio- ning before Iraq can really defend itself Boxer Feingold Kennedy lence. threatens the American people. Byrd Harkin Kerry I look forward to having a debate on The PRESIDING OFFICER. The mi- NOT VOTING—1 the floor of the Senate. But I look for- nority reader. Rockefeller ward to having a debate on the lan- guage that I, as a U.S. Senator, present Mr. REID. Mr. President, two things The motion was agreed to. to the Senate in an amendment that that do not exist in Iraq and have not Mr. WARNER. I move to reconsider bears my name and the name of other are weapons of mass destruction and the vote. Senators that joined me. That has al- cutting and running. Mr. KERRY. I move to lay that mo- ways been the prerogative of the Sen- This is the McConnell amendment. It tion on the table. ator, and it is one that ought to be pro- is not the Kerry amendment. People The motion to lay on the table was tected. have the right to file amendments. agreed to. I respect and I understand com- They can decide whether they want to Mr. WARNER. Mr. President, my un- pletely what the distinguished minor- offer them or modify them or change derstanding is the Senate now turns to ity leader did. He did it in consultation them. the measure by the Senator from Flor- with me. I think it was the appropriate I move to table the McConnell ida, is that correct? measure for him to take to protect my amendment and ask for the yeas and The PRESIDING OFFICER. The Sen- interests and the interests of those on nays. ator from Massachusetts. our side. The PRESIDING OFFICER. Is there a The Senator from Virginia is recog- The Senate ought to give a more ap- sufficient second? nized. propriate kind of seriousness of pur- Mr. REID. Mr. President, I suggest Mr. KERRY. I understand that. I ask pose to debate of this kind of con- the absence of a quorum. the indulgence of the Senator if, after sequence. This will be the first time in he has finished his business, I could some time that we will have debated The PRESIDING OFFICER. The just have a moment. this issue. I suggest some of my col- clerk will call the roll. Mr. WARNER. No objection. leagues go back and reread the resolu- The assistant legislative clerk pro- The PRESIDING OFFICER. Without tion which gave the President the au- ceeded to call the roll. objection, it is so ordered. thority to go into Iraq. There is noth- Mr. REID. Mr. President, I ask unan- Mr. MCCAIN. Reserving the right to ing in that resolution that gives au- imous consent that the order for the object, what is ‘‘a moment’’? thority for what we are doing today. quorum call be rescinded. If the Senator propounds a unani- So, in effect, this is a war of evo- The PRESIDING OFFICER. Without mous consent for an amount of time, I lution, a war of transformation, and it objection, it is so ordered. would be glad to not object. I wonder deserves the kind of serious debate Mr. REID. I reoffer my motion to what a moment is? that it will get next week in the Sen- table. I ask for the yeas and nays. Mr. KERRY. I ask unanimous con- ate. I thank the Chair. The PRESIDING OFFICER. The sent I be permitted to have 5 minutes. I thought the concept of ‘‘a moment’’ The PRESIDING OFFICER (Mr. AL- question is on agreeing to the motion. EXANDER). The Senator from Arizona is Is there a sufficient second? There is a was not incomprehensible even in the Senate. recognized. sufficient second. Mr. WARNER. Would the Senator The PRESIDING OFFICER. Without The clerk will call the roll. from Arizona yield to me for a few min- objection, it is so ordered. utes? The assistant legislative clerk called Mr. WARNER. Mr. President, fol- the roll. Mr. MCCAIN. For a moment. lowing that, I ask unanimous consent Mr. WARNER. Mr. President, the Mr. DURBIN. I announce that the the Senator from Arizona be recog- Senator from West Virginia (Mr. Senator from Massachusetts and I did nized. have a brief conversation just before ROCKEFELLER) is necessarily absent. The PRESIDING OFFICER. Without the conclusion of the vote in the mid- The PRESIDING OFFICER (Mr. objection, it is so ordered. dle of the noon hour. I, in an effort to COLEMAN). Are there any other Sen- The Senator from Massachusetts. try and keep momentum on the bill, ators in the Chamber desiring to vote? Mr. KERRY. Mr. President, let me did inquire of the desire to move for- The result was announced—yeas 93, just say if I may, earlier today, the dis- ward with his amendment. I only con- nays 6, as follows: tinguished chairman and manager of veyed his response to me, which was [Rollcall Vote No. 174 Leg.] this legislation came to me and asked not at this time—he was in consulta- me if I was prepared to put my amend- YEAS—93 tion with colleagues—to my distin- ment in. I told him then, as he knows, guished ranking member, advising him Akaka Dole McConnell that I said no, because a number of Alexander Domenici Menendez we best look at other amendments to Allard Dorgan Mikulski Members were talking, as is the right keep the momentum going forward. I Allen Durbin Murkowski of the Senator with respect to any then departed for the memorial serv- Baucus Ensign Murray amendment filed. So the chairman, the Bayh Enzi Nelson (FL) ices at the Department of Defense hon- Bennett Feinstein Nelson (NE) manager, was on notice that we were, oring those who lost their lives on 9/11. Biden Frist Obama in fact, in the process of working on And, therefore, when I arrived back we Bingaman Graham Pryor this. were in the middle of the debate that Bond Grassley Reed I voted no on this because any Sen- Brownback Gregg Reid has been described by the Senator from Bunning Hagel Roberts ator reserves that right, No. 1; and No. Massachusetts. Burns Hatch Salazar 2, this is a debate I look forward to. The PRESIDING OFFICER. The Sen- Burr Hutchison Santorum This is a debate I want to have on the Cantwell Inhofe Sarbanes ator from Arizona. Carper Inouye Schumer floor of the Senate. This is a debate we Mr. MCCAIN. Mr. President, I thank Chafee Isakson Sessions will have on the floor of the Senate. you for the recognition, and I thank Chambliss Jeffords Shelby I resent the fact that some Senators the distinguished chairman for his ex- Clinton Johnson Smith think the business of the United States Coburn Kohl Snowe planation of what just transpired. Cochran Kyl Specter is somehow better done by calling up Mr. President, I rise to discuss the Coleman Landrieu Stabenow another Senator’s amendment, that pending Nelson amendment. I think it Collins Lautenberg Stevens may or may not be the language pre- is very important that, first of all, we Conrad Leahy Sununu Cornyn Levin Talent sented to the Senate, and having a fic- try not to react on the floor of the Sen- Craig Lieberman Thomas titious vote on it. It is not unlike the ate to the headlines that appear in the Crapo Lincoln Thune war itself where we are in the third morning paper—whether they happen Dayton Lott Vitter war: The first being about Saddam DeMint Lugar Voinovich to be totally accurate or not. DeWine Martinez Warner Hussein and weapons of mass destruc- The second thing I want to point out Dodd McCain Wyden tion; the second being about al-Qaida; is that all of us—all of us—are pained

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S5930 CONGRESSIONAL RECORD — SENATE June 15, 2006 when a brave American is killed in this and by co-opting the insurgents, per- I am sure that the enemies we faced terrible, long, drawn-out conflict which haps we can save the lives and fortunes in World War II—who the distinguished has divided America and cost us so of our own and those who we support. chairman of the committee fought much in American blood and treasure. Things are very difficult in Iraq. And against in that great war—that there All of us—no matter where we stand on we are angered when we hear of an IED was a time where we had reconciliation this conflict—feel the utmost sorrow that blows up and kills and maims in- with our enemies on both sides of the and regret at the loss or wounding of a nocent Americans. We are sometimes Atlantic. single brave, young American man or driven to frustration and incredible— Now, were people who were guilty of woman. So this debate is certainly not incredible—sorrow when we hear of the specific war crimes brought to trial? about the enormous sacrifice that has loss of these precious young men and Absolutely, and punished, in some already been made and probably will be women. cases, to the point of execution. But made in the course of this conflict. But we also know that the insur- those who fought against us are clearly But I think we have to be realistic gency does not end until the insurgents now our friends. about the way out of this conflict, the stop fighting. And the sooner the new So I hope that we would understand way out we have seen time after time Prime Minister, freely elected—freely that this amendment would not be throughout history of other conflicts, elected—Mr. Maliki, is able to bring helpful to the process of peace, would especially those that in many respects his country back together, the sooner not be an endorsement of the freely are civil wars. we will find peace, and the sooner elected leaders of the country of Iraq, Nelson Mandela probably had the Americans can be withdrawn, and the and might even serve, in an unintended greatest reason to seek revenge and sooner American casualties will end. fashion, as an impediment to a process full accounting not only for the years I am confident the amendment by the of peaceful reconciliation in Iraq rath- Senator from Florida amendment is of imprisonment and mistreatment he er than helping it. personally received but also because of well-meaning, and I understand the in- Mr. President, I yield the floor. tentions behind it. But I think it is im- the hundreds if not thousands of his The PRESIDING OFFICER. The Sen- portant we look back and recognize countrymen who were brutalized, mis- ator from Virginia. that not only do times change, as in treated, kept in inferior status, and, in Mr. WARNER. Mr. President, I say to the case of Vietnam—our Secretary of some cases, even massacred by the mi- my very good and longtime friend, we Defense just in the last week visited nority government that ruled his coun- have known each other since the clos- Vietnam, as we have renewed our rela- try. ing months of the war in Vietnam tionships, as we have healed the When Nelson Mandela was awarded when I was Secretary and he was serv- wounds of the Vietnam war, and moved the Nobel Peace Prize, it was not only ing in our naval service and returned. forward in partnership with the Viet- because of his bravery and courage So I just think sometimes of the great namese. fortune of this body to have men such while he underwent unspeakable Mr. President, from a personal stand- as JOHN MCCAIN, DANIEL INOUYE, and unpleasantries and indignities as a point, there are a few Vietnamese I TED STEVENS, and others, who have ex- prisoner—I believe the number was 27 would very much like to see again, peo- perience firsthand. I do not claim that years—but primarily because Nelson ple I may not have the most peaceful Mandela realized he had to knit and intentions toward. But the reality is— same experience that these men had in heal the wounds that had so badly the reality is—we must heal the the mortal combat of the wars. Senator MCCAIN recounts the history scarred his nation. wounds of war if we are going to unite of our Nation very accurately; that is, Nelson Mandela, in the spirit of for- a nation and move forward. And that is giveness, for the good of his country, the case with Iraq, as it has been with when the conflicts are over, it has al- put his personal injuries aside because almost every other nation in history. ways been the stature and the great- he realized the only way his nation I finally add, as a footnote, I am not ness of this Nation to bind the wounds could move forward is to put those ter- sure we here in the U.S. Senate should of war and to move forward with peace. rible things that happened behind him. be dictating to the leaders of Iraq how I say to the Senator from Florida, I We also saw terrible things happen in they should conduct their affairs as have just handed him the corrections El Salvador’s civil war. Jose Napoleon they, the freely elected leaders of that that are now in the press, corrected by Duarte, a name that some of us have nation, attempt to bring about peace the national security adviser to the forgotten, was elected President of the and reconciliation in their nation. new Prime Minister of Iraq, in which it country. And he did two things. He vig- But the larger issue here is, I believe, is very explicit that there was an error orously prosecuted the insurgency, and that our goal is to bring an end to the in translation. Some misfortune. But then he reached out his hand to the in- conflict as quickly as possible in Iraq. he sets it forth here with absolute clar- surgents because he knew if they did If that means, in return for laying ity, and I think that I would want to not forgive and even try to forget, that down their arms, that some are allowed state for my colleagues exactly what nation would continue a bloodletting an amnesty or allowed to reenter the he said. He said the following—and he that had afflicted it for a long period of society of Iraq, in a peaceful manner, said it, I presume, with the full knowl- time. in a productive manner, as has hap- edge of the Prime Minister. In Colombia, the President of Colom- pened in South Africa, El Salvador— He said: We thank—and the quote bia has just attested that 40,000 peo- and is happening in Colombia—and is—‘‘the American wives and American ple—paramilitaries and guerrillas who, many other insurgencies throughout women and American mothers for the again, have carried out these same history, then I think we should wel- treasure and the blood they have in- kinds of attacks and murder and may- come it. And as we place our con- vested in this country . . . of liberating hem in their country—have laid down fidence in the new Government of Iraq, 30 million people in this country. And their arms because of an amnesty pro- perhaps we should give them some lati- we are ever so grateful.’’ gram that he has extended to them. tude. And further, he affirmed their posi- I could go on about many of the con- I would also like to add, by the way, tion of the government that they ‘‘will flicts in our history. But the fact is that that quote in the press may not never give amnesty to those who have that wars end when enemies stop kill- have been exactly right as to who killed American soldiers or killed Iraqi ing each other. After Pearl Harbor we might be eligible for amnesty and who soldiers or civilians.’’ talked with the Japanese. After years might not. At least that should be It seems to me that puts to rest, as of war in Vietnam, we talked to the cleared up. But it doesn’t obscure the my colleague from Arizona said, this North Vietnamese in Paris. Time and fact that the freely elected govern- issue. And I wonder if the Senator again, there reaches a point where en- ment, that we support, of the country would consider the withdrawal of his emies must if not be forgiven at least of Iraq is now reaching out to attempt amendment to obviate the necessity on be included, as hostilities come to an to end the fighting and the conflict. I our side to take other steps, and let us end and peace begins. do not think we should be micro man- move forward with the bill. Our brave men and women are work- aging that from the floor of the U.S. Mr. NELSON of Florida. Will the ing with Iraqis to build a new country, Senate. Senator yield?

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 15, 2006 CONGRESSIONAL RECORD — SENATE S5931 Mr. WARNER. Yes, of course. the President should immediately no- like it isn’t. It certainly wasn’t the in- The PRESIDING OFFICER. The Sen- tify the Government of Iraq that the tention of this Senator. ator from Florida. Government of the United States As I understand, my wonderful chair- Mr. NELSON of Florida. Does the strongly opposes granting amnesty to man of the committee is going to offer Senator from Florida have the floor persons who have attacked members of a second-degree or will offer another or—— the Armed Forces of the United amendment that will be a side by side The PRESIDING OFFICER. The Sen- States.’’ amendment to that which I have of- ator from Virginia has the floor. That is what the amendment says. fered, and we can vote for both. It Mr. NELSON of Florida. The Senator What this has been causing is a brou- would be the intention of this Senator from Florida has been seeking recogni- haha because of something being read to vote for both. tion for the past hour and has not been in to a simple little amendment that I said at the outset of my remarks, able to speak. came as a result of a front-page story the first thing out of my mouth when I Will the Senator from Virginia, the today in the Washington Post in which offered the amendment was, I hope distinguished chairman of our Armed a top adviser to the Prime Minister, there was something lost in the trans- Services Committee, agree to a unani- Mr. Adnan Ali al-Kadhimi, who hap- lation of what was reported in this mous consent request that the Senator pens to be the former chief of staff to morning’s Post. from Florida would be allowed to speak the previous Prime Minister, a high- I don’t understand—or maybe I do— on this issue immediately after the ranking official in the Dawa Party, he all the brouhaha that has occurred comments of the Senator from Vir- is the one who is quoted in the article over the course of the last 2 hours on ginia? as going on to say, when asked about such a simple amendment as saying Mr. WARNER. Mr. President, I am clemency for those who attacked U.S. that it is the sense of Congress that the delighted to accommodate my col- troops: Government of Iraq should not grant league. I would hope we could discourse That’s an area where we can see a green amnesty to persons known to have at- this matter in the traditional way of a line. There’s some sort of preliminary under- tacked, killed, or wounded members of colloquy, but if you want the exclusive standing between us and the MNF–1 that the Armed Forces of the United States. right to the floor—if that is your de- there is a patriotic feeling among Iraqi The PRESIDING OFFICER. The Sen- sire—then I yield the floor, Mr. Presi- youth and the belief that those attacks are ator from Virginia. dent. legitimate acts of resistance and defending Mr. WARNER. Mr. President, first I Is that your desire? their homeland. These people will be par- would like to say to my colleague, we Mr. NELSON of Florida. It is. doned definitely, I believe. have had a very strong, fervent and Mr. WARNER. I yield the floor. Now, it is very enlightening that the heartfelt debate, not a brouhaha by The PRESIDING OFFICER. The Sen- national security adviser has tried to any definition of the use of those ator from Florida. clarify Prime Minister Maliki’s com- terms. We have heard from two of the Mr. NELSON of Florida. Mr. Presi- ments. The Prime Minister can cer- most respected combat veterans cur- dent, what I understand of the par- tainly clarify his own comments. But rently serving in this Chamber. It was liamentary procedure is that the ma- here we have a high-ranking Iraqi offi- not in the nature of a brouhaha. They jority will offer an additional amend- cial who is quoted on the front page of were simply reciting the history of this ment that will be a side-by-side and be the paper today as saying amnesty for great Republic since its inception as to voted upon, and the Senate can make those who would have killed American how it has dealt with adversaries in the its choice. men and women. several conflicts that we have had. In the case of the amendment that is This Senator’s name has been in- I first say to the Senator, I hope that being proffered by the majority—in- voked by several speakers, including you will reconsider the use of that deed, in the copy that has been rep- the distinguished Senator from Alaska, term. resented to me as being the accurate who I have the greatest and utmost re- Mr. NELSON of Florida. Will the one—it will recite the comments of the spect for, in talking about the rec- Senator yield? gentleman to whom in Iraq the chair- onciliation process as if this were con- Mr. WARNER. Yes, of course. man has just referred. trary to the reconciliation process. The Mr. NELSON of Florida. This Sen- Mr. WARNER. Mr. President, if the Senator from Alaska was even quoting ator is referring to the rhubarb that Senator will yield, that is the national the reconciliation that took place after has occurred for the last 2 hours on the security adviser. the Civil War, on which we all agree. floor, where statements were made Mr. NELSON of Florida. And that The Senator from Alaska was talking about my amendment that side-by-side amendment will state that about the reconciliation that has taken mischaracterized the amendment and the national security adviser of Iraq, place in South Africa, of which we all that further, then, allowed a totally on today, had ‘‘thanked ‘the American agree, even talk of the reconciliation different issue, an issue on which this wives and American women and Amer- that took place with regard to Ger- Senator agrees with the chairman of ican mothers for the treasure and the many and Japan. But that didn’t stop the committee, not withdrawing all of blood they have invested in the coun- those who were responsible for war the troops by the end of the year. try . . . of liberating 30 million people crimes and the killings of Americans to The Senator can characterize it as he in this country . . . And we are ever so be brought to justice; in other words, would like. This Senator will charac- grateful.’’’ And that affirms their posi- not to have amnesty granted for them. terize it as he would like. tion that they will never give amnesty That was not the case in South Africa Mr. WARNER. Mr. President, I so to those who would kill American sol- where they had a process that those note his comments. diers or those who have killed Iraqi sol- who did those criminal acts were Again, addressing the Senator’s diers or civilians. I think that is all brought to justice. That was certainly amendment, it clearly, in my judg- well and good. This Senator would cer- not the case in Germany after World ment, restricts in some respects the tainly intend to vote yes on that side- War II where those who had committed recognition that this is a sovereign by-side amendment. those atrocities were brought to jus- government in Iraq today, in the hands The reason the Senator from Florida tice. of a duly elected Prime Minister and has been seeking recognition for the It just simply, in the opinion of this others, and that this amendment could last hour is this Senator’s amendment Senator, ought to be that a policy of well be construed as restricting what has been characterized in ways that the very government that we have they can and cannot do. That was so defy what the amendment says. The helped and have liberated a people eloquently stated by Senator MCCAIN. I amendment clearly said that it is the should not be amnesty for those who wondered if the Senator would care to sense of Congress that ‘‘the Govern- have killed Americans. How much try and revise the amendment so it is ment of Iraq should not grant amnesty more simple could it be? Yet I suspect, consistent with the longstanding prac- to persons known to have attacked, as others have implied politics, I sus- tices of our country with respect to our killed, or wounded members of the pect politics has a way of taking over adversaries, in some way to recognize Armed Forces of the United States; and and starting to make something seem that it is not in conflict with that?

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S5932 CONGRESSIONAL RECORD — SENATE June 15, 2006 Mr. NELSON of Florida. If the Sen- sends its sons and daughters abroad to ator CHAMBLISS be recognized in order to ator would like, we could have a shed their blood and to give their lives, offer an amendment. quorum call and discuss exactly that that we should have no say? That is I ask that sentence be dropped. matter. what we heard on the Senate floor, Mr. LEVIN. I have no objection. Mr. WARNER. I suggest the absence that we should have no say, that we The PRESIDING OFFICER. Without of a quorum. should let the Iraqi Government pursue objection, it is so ordered. The PRESIDING OFFICER. The even a course which might include am- The PRESIDING OFFICER. The Sen- clerk will call the roll. nesty against those who kill American ator from Kentucky. The legislative clerk proceeded to soldiers. That is the message we want AMENDMENT NO. 4272 call the roll. to send? I think not. Mr. MENENDEZ. Mr. President, I ask The essence of the message we want Mr. MCCONNELL. Mr. President, unanimous consent that the order for to send is that we do not believe and do pursuant to the agreement just entered the quorum call be rescinded. not accept and are outraged by the fact into, I send an amendment to the desk. The PRESIDING OFFICER (Mr. that there may have even been a con- The PRESIDING OFFICER. The CHAFEE). Without objection, it is so or- sideration that there could be amnesty pending amendment will be set aside. dered. for those who killed American soldiers The clerk will report. Mr. MENENDEZ. Mr. President, as a but not amnesty for those who killed The legislative clerk read as follows: coauthor of the amendment of my dis- Iraqis. That is the world’s worst mes- The Senator from Kentucky [Mr. MCCON- tinguished colleague from Florida, I sage we could send. We have to send a NELL] proposes an amendment numbered hope he will continue to pursue his very clear message that we will not 4272. amendment. It is incredibly important allow our sons and daughters to have Mr. MCCONNELL. Mr. President, I to send a very clear message on behalf their lives lost, and that their lives are ask unanimous consent that the read- of the United States about what is and not expendable and cannot be bartered ing of the amendment be dispensed is not acceptable as it relates to the fu- for amnesty. That is what Senator with. ture of our young men and women in NELSON is trying to do with this The PRESIDING OFFICER. Without the armed services of the United amendment. Why it is so difficult for objection, it is so ordered. States. the Senate to come together in a bipar- The amendment is as follows: We are told on the Senate floor: tisan effort to send that very clear (Purpose: To commend the Iraqi Government Don’t react to the morning’s papers. message, not only in Iraq but through- for affirming its positions of no amnesty But, in fact, it is our reaction to it that out the world, that this is simply not a for terrorists who have attacked U.S. brings about a clarification from the standard which is acceptable, is beyond forces) National Security Adviser of the Iraqi belief. Sec.ll. Sense of the Congress Com- Government that moves us in the di- This amendment is very clear, it is mending the Government of Iraq for affirm- rection which should have been the po- very simple, but it is also very power- ing its Position of No Amnesty for Terrorists sition of the Iraqi Government from ful. It is a message that you can’t kill who Attack U.S. Armed Forces. the outset. our soldiers and walk away with impu- (a) Findings. Congress makes the following I am amazed how I have heard some nity. Truly, you are either with the findings: terrorists or you are with us, but you (1) The Armed Forces of the United States of my colleagues in this Chamber and coalition military forces are serving he- stretch and twist and turn to justify a can’t be a terrorist and then suddenly roically in Iraq to provide all the people of position which even now the Iraqi Gov- get caught, see the light, and then ulti- Iraq a better future. ernment supposedly rejects. We had mately walk away with amnesty. That (2) The Armed Forces of the United States some history lessons about amnesty. would be a horrible message for the and coalition military forces have served Most of those were as it related to civil Senate to send. bravely in Iraq since the beginning of mili- wars. But I remember how President Mr. President, I yield the floor. tary operations in March 2003. Bush started this engagement. He said Mr. WARNER. Mr. President, I sug- (3) More than 2,500 of the Armed Forces of the United States and members of coalition to the Nation: You are either with the gest the absence of a quorum. The PRESIDING OFFICER. The military forces have been killed and more terrorists or you are with us. than 18,000 injured in operations to bring As I listened to my colleagues sug- clerk will call the roll. The assistant legislative clerk pro- peace and stability to all the people of Iraq. gest that amnesty is something we (b) Sense of Congress.—It is the sense of should actually be in favor of for those ceeded to call the roll. Mr. WARNER. Mr. President, I ask Congress that the new Government of Iraq is who have committed acts against the commended for its statement by the Na- unanimous consent that the order for Armed Forces of the United States, for tional Security Adviser of Iraq on June 15, the quorum call be rescinded. 2006 that— those who have killed American sol- The PRESIDING OFFICER. Without diers, for those who have wounded (1) thanked ‘‘the American wives and objection, it is so ordered. American women and American mothers for American soldiers, it is beyond my Mr. WARNER. Mr. President, I ask the treasure and the blood they have in- imagination that there are Members of unanimous consent that Senator vested in this country . . . of liberating 30 the Senate who believe that is the sig- MCCONNELL now be recognized, that million people in this country . . . And we nal we want to send throughout the the pending amendments be set aside, are ever so grateful.’’ and world. What happened to ‘‘you are ei- and that Senator MCCONNELL then (2) that affirmed their position that they ther with the terrorists or you are with offer an amendment which is relevant ‘‘will never give amnesty to those who have us’’? What happened to making it very killed American soldiers or killed Iraqi sol- to the Nelson amendment; provided diers or civilians’’. clear that our men and women are not further that if and when the McConnell sitting ducks for those who think they and Nelson amendments are scheduled Mr. MCCONNELL. I yield the floor. could ultimately seek to kill them and for votes—that would be sometime The PRESIDING OFFICER. The Sen- then walk away and get amnesty? I next week—the McConnell amendment ator from Virginia. don’t understand—if a terrorist sur- would be voted on first. Finally, I ask Mr. WARNER. Mr. President, I now vives our arrest or attack, does that unanimous consent that following the ask that the amendments be laid aside. mean that if they suddenly see the offering of the amendment, Senator The leadership is in agreement that there will be no more votes tonight. We light, we will say: Yes, it is up to the CHAMBLISS be recognized in order to Iraqis to give them amnesty? Is that offer an amendment. will now turn to other matters relating the message the Senate wants to send? The PRESIDING OFFICER. Is there to the bill. My understanding, then, is It is beyond my imagination—we objection? these two amendments are now the hear about the challenges of democracy Mr. LEVIN. I have no objection. pending amendments; is that correct? in Iraq. Democracy is about the rule of Mr. WARNER. Mr. President, if I The PRESIDING OFFICER. The law, and then ultimately we would set might amend the UC to delete the last McConnell amendment is the pending aside the rule of law and say you can sentence which reads: amendment. kill American soldiers and we will have Finally, I ask unanimous consent that fol- Mr. WARNER. Mr. President, I sug- no say. Imagine that as the Nation lowing the offering of the amendment, Sen- gest the absence of a quorum.

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 15, 2006 CONGRESSIONAL RECORD — SENATE S5933 The PRESIDING OFFICER. The tion shall specify that the obligation of the ‘‘(5) If, before a final decision is made with- clerk will call the roll. Government to make payment under such in the Department of Defense to proceed The legislative clerk proceeded to incentives clause is subject to the avail- with a major defense acquisition program be- call the roll. ability of appropriations for that purpose. yond low-rate initial production, a decision Mr. WARNER. Mr. President, I ask Amounts appropriated for Chemical Agents is made within the Department to proceed to and Munitions Destruction, Defense, shall be operational use of the program or allocate unanimous consent that the order for available for payments under incentives funds available for procurement for the pro- the quorum call be rescinded. clauses under this section. gram, the Director shall submit to the Sec- The PRESIDING OFFICER. Without AMENDMENT NO. 4280 retary of Defense and the congressional de- objection, it is so ordered. (Purpose: To repeal requirements for certain fense committees the report with respect to AMENDMENTS NOS. 4278, 4279, 4280, 4200, 4201, 4198, reports applicable to other nations) the program under paragraph (2) as soon as 4281, 4282, 4283, 4284, 4252, AS MODIFIED; 4225, 4218, practicable after the decision under this At the end of subtitle B of title XII, add 4285, 4286, 4199, AS MODIFIED; AND 4287, EN BLOC paragraph is made.’’. the following: Mr. WARNER. Mr. President, on be- On page 51, line 17, strike ‘‘(a)’’ and insert SEC. 1223. REPEAL OF CERTAIN REPORT RE- ‘‘(b)’’. half of myself and members of the QUIREMENTS. Armed Services Committee, I send a On page 51, line 20, insert ‘‘and the Direc- (a) REPORTS ON ALLIED CONTRIBUTIONS TO tor of Operational Test and Evaluation’’ series of amendments to the desk THE COMMON DEFENSE.—Section 1003 of the after ‘‘Logistics’’. which have been cleared by myself and Department of Defense Authorization Act, On page 51, beginning on line 22, strike ‘‘in the ranking member. Therefore, I ask 1985 (22 U.S.C. 1928 note) is amended by strik- light’’ and all that follows through line 23 unanimous consent that the Senate ing subsections (c) and (d). and insert ‘‘in order to— consider these amendments en bloc, (b) COST-SHARING REPORT.—Section 1313 of (A) reaffirm the test and evaluation prin- the National Defense Authorization Act for ciples that guide traditional acquisition pro- the amendments be agreed to en bloc, Fiscal Year 1995 (Public Law 103-337; 108 Stat. and the motions to reconsider be laid grams; and 2894; 22 U.S.C. 1928 note) is amended— (B) determine how best to apply such prin- upon the table. Finally, I ask unani- (1) by striking subsection (c); and ciples to emerging acquisition approaches.’’ mous consent that any statements re- (2) by redesignating subsection (d) as sub- On page 52, line 4, strike ‘‘shall issue’’ and lated to any of these individual amend- section (c). insert ‘‘and the Director shall jointly issue’’. ments be printed in the RECORD at this AMENDMENT NO. 4200 On page 52, strike lines 7 through 11. point. (Purpose: To modify the requirements for On page 52, line 12, strike ‘‘(b)’’ and insert The PRESIDING OFFICER. Is there contingency program management to re- ‘‘(c)’’. objection? quire only a Department of Defense plan On page 52, line 13, strike ‘‘subsection (a)’’ Mr. LEVIN. No objection. for such management) and insert ‘‘subsection (b)’’. On page 53, line 18, strike ‘‘(c)’’ and insert The PRESIDING OFFICER. Without On page 358, strike lines 18 and 19 and in- ‘‘(d)’’. sert the following: objection, it is so ordered. On page 53, line 25, strike ‘‘subsection (a)’’ The amendments were agreed to, as SEC. 864. DEPARTMENT OF DEFENSE PLAN FOR and insert ‘‘subsection (b)’’. follows: CONTINGENCY PROGRAM MANAGE- On page 54, line 4, strike ‘‘(d)’’ and insert MENT. AMENDMENT NO. 4278 ‘‘(e)’’. On page 358, beginning on line 21, strike On page 54, line 8, strike ‘‘subsection (a)’’ (Purpose: To provide for the incorporation of ‘‘Secretary of Defense’’ and all that follows and insert ‘‘subsection (b)’’. a classified annex) through ‘‘interagency plan’’ and insert ‘‘Sec- On page 54, line 11, strike ‘‘(e)’’ and insert At the end of subtitle A of title X, add the retary of Defense shall develop a plan for the following: ‘‘(f)’’. Department of Defense’’. On page 54, line 15, insert before the period SEC. 1008. INCORPORATION OF CLASSIFIED On page 359, beginning on line 1, strike the following ‘‘, which length of time may be ANNEX. ‘‘interagency plan’’ and insert ‘‘plan of the not more than 6 years from milestone B to (a) STATUS OF CLASSIFIED ANNEX.—The Department of Defense’’. initial operational capability’’. Classified Annex prepared by the Committee On page 359, line 17, strike ‘‘United States on Armed Services of the Senate to accom- Government’’ and insert ‘‘Department’’. AMENDMENT NO. 4281 pany S. 2766 of the 109th Congress and trans- On page 360, line 20, strike ‘‘government (Purpose: To improve the authorities relat- mitted to the President is hereby incor- procedures’’ and insert ‘‘procedures for the ing to major automated information sys- porated into this Act. Department’’. tem programs) (b) CONSTRUCTION WITH OTHER PROVISIONS On page 361, between lines 6 and 7, insert On page 296, between lines 9 and 10, insert OF ACT.—The amounts specified in the Clas- the following: the following: sified Annex are not in addition to amounts (c) UTILIZATION IN PLAN FOR INTERAGENCY ‘‘(c) INCREMENTS.—In the event any incre- authorized to be appropriated by other provi- PROCEDURES FOR STABILIZATION AND RECON- ment of a major automated information sys- sions of this Act. STRUCTION OPERATIONS.—To the extent prac- tem program separately meets the require- (c) LIMITATION ON USE OF FUNDS.—Funds ticable, the elements of the plan of the De- ments for treatment as a major automated appropriated pursuant to an authorization partment of Defense for contingency pro- information system program, the provisions contained in this Act that are made avail- gram management required by subsection (a) of this chapter shall apply to such increment able for a program, project, or activity re- shall be taken into account in the develop- as well as to the overall major automated in- ferred to in the Classified Annex may only be ment of the plan for the establishment of formation system program of which such in- expended for such program, project, or activ- interagency operating procedures for sta- crement is a part. ity in accordance with such terms, condi- bilization and reconstruction operations re- On page 297, between lines 11 and 12, insert tions, limitations, restrictions, and require- quired by section 1222. the following: ments as are set out for such program, AMENDMENT NO. 4201 ‘‘(c) BASELINE.—(1) For purposes of this project, or activity in the Classified Annex. chapter, the initial submittal to Congress of (d) DISTRIBUTION OF CLASSIFIED ANNEX.— (Purpose: To make a technical correction to the documents required by subsection (a) The President shall provide for appropriate section 871, relating to a clarification of with respect to a major automated informa- distribution of the Classified Annex, or of ap- authority to carry out certain prototype tion system program shall constitute the propriate portions of the annex, within the projects) original estimate or information originally executive branch of the Government. On page 362, line 1, strike ‘‘by striking’’ and insert ‘‘by inserting’’. submitted on such program for purposes of AMENDMENT NO. 4279 the reports and determinations on program (Purpose: To modify the limitations applica- AMENDMENT NO. 4198 changes in section 2445c of this title. ble to payments under incentives clauses (Purpose: To improve the authorities relat- ‘‘(2) An adjustment or revision of the origi- in chemical demilitarization contracts) ing to policies and practices on test and nal estimate or information originally sub- On page 93, strike lines 23 through 25 and evaluation to address emerging acquisition mitted on a program may be treated as the insert the following: approaches) original estimate or information originally (c) ADDITIONAL LIMITATION ON PAYMENTS.— On page 51, between lines 16 and 17, insert submitted on the program if the adjustment (1) PAYMENT CONDITIONAL ON PERFORM- the following: or revision is the result of a critical change ANCE.—No payment may be made under an (a) REPORTS ON CERTAIN DETERMINATIONS in the program covered by section 2445c(d) of incentives clause under this section unless TO PROCEED BEYOND LOW-RATE INITIAL PRO- this title. the Secretary determines that the con- DUCTION.—Section 2399(b) of title 10, United ‘‘(3) In the event of an adjustment or revi- tractor concerned has satisfactorily per- States Code, is amended— sion to the original estimate or information formed its duties under such incentives (1) by redesignating paragraph (5) as para- originally submitted on a program under clause. graph (6); and paragraph (2), the Secretary of Defense shall (2) PAYMENT CONTINGENT ON APPROPRIA- (2) by inserting after paragraph (4) the fol- include in the next budget justification doc- TIONS.—An incentives clause under this sec- lowing new paragraph (5): uments submitted under subsection (a) after

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(2) An assessment of the desirability and (F) A description of any additional actions On page 302, between lines 19 and 20, insert feasibility of utilizing any such incentive for that, in the view of the Secretary, may be the following: the purpose specified in subsection (a), in- needed to implement the policy established ‘‘(g) PROHIBITION ON OBLIGATION OF cluding an assessment of the particular util- by subsection (a). FUNDS.—(1) If the determination of a critical ity of such incentive in encouraging service AMENDMENT NO. 4284 change to a program is made by the senior in the Bureau of Customs and Border Protec- (Purpose: To modify limitations on assist- Department official responsible for the pro- tion after service in the Armed Forces by ance under the American Servicemembers’ gram under subsection (d)(2) and a report is covered members and former members of the Protection Act of 2002) not submitted to Congress within the 60-day Armed Forces described in subsection (c)(2). period provided by subsection (d)(1), appro- (3) Any other matters that the Secretaries At the end of subtitle A of title XII, add priated funds may not be obligated for any jointly consider appropriate. the following: major contract under the program. (e) APPROPRIATE COMMITTEES OF CONGRESS SEC. 1209. MODIFICATION OF LIMITATIONS ON ‘‘(2) The prohibition on the obligation of DEFINED.—In this section, the term ‘‘appro- ASSISTANCE UNDER THE AMERICAN funds for a program under paragraph (1) shall priate committees of Congress’’ means— SERVICEMEMBERS’ PROTECTION ACT OF 2002. cease to apply on the date on which Congress (1) the Committees on Armed Services, Section 2013(13)(A) of the American has received a report in compliance with the Homeland Security and Governmental Af- Servicemembers’ Protection Act of 2002 requirements of subsection (d)(2). fairs, and Appropriations of the Senate; and (2) the Committees on Armed Services, (title II of Public Law 107–206; 116 Stat. 909; AMENDMENT NO. 4282 Homeland Security, and Appropriations of 22 U.S.C. 7432(13)(A)) is amended by striking (Purpose: To require a report assessing the the House of Representatives. ‘‘or 5’’. desirability and feasibility of incentives to AMENDMENT NO. 4283 AMENDMENT NO. 4252 encourage certain members and former (Purpose: Relating to energy efficiency in (Purpose: To amend title 18, United States members of the Armed Forces to serve in the weapons platforms of the Armed Forces) Code, to protect judges, prosecutors, wit- the Bureau of Customs and Border Protec- nesses, victims, and their family members, tion) At the end of subtitle F of title III, add the following: and for other purposes) At the end of subtitle G of title X, add the SEC. 375. ENERGY EFFICIENCY IN WEAPONS At the end of title X of division A, insert following: PLATFORMS. the following: SEC. 1065. REPORT ON INCENTIVES TO ENCOUR- (a) POLICY.—It shall be the policy of the SEC. 1084. COURT SECURITY IMPROVEMENTS. AGE CERTAIN MEMBERS AND Department of Defense to improve the fuel FORMER MEMBERS OF THE ARMED efficiency of weapons platforms, consistent (a) JUDICIAL BRANCH SECURITY REQUIRE- FORCES TO SERVE IN THE BUREAU with mission requirements, in order to— MENTS.— OF CUSTOMS AND BORDER PROTEC- (1) ENSURING CONSULTATION AND COORDINA- TION. (1) enhance platform performance; (2) reduce the size of the fuel logistics sys- TION WITH THE JUDICIARY.—Section 566 of title (a) REPORT REQUIRED.—Not later than 60 tems; 28, United States Code, is amended by adding days after the date of the enactment of this (3) reduce the burden high fuel consump- at the end the following: Act, the Secretary of Homeland Security and tion places on agility; ‘‘(i) The Director of the United States Mar- the Secretary of Defense shall jointly submit (4) reduce operating costs; and shals Service shall consult and coordinate to the appropriate committees of Congress a (5) dampen the financial impact of volatile with the Judicial Conference of the United report assessing the desirability and feasi- oil prices. States on a continuing basis regarding the bility of offering incentives to covered mem- (b) REPORT REQUIRED.— security requirements for the judicial branch bers and former members of the Armed (1) IN GENERAL.—Not later than one year of the United States Government.’’. Forces for the purpose of encouraging such after the date of the enactment of this Act, (2) CONFORMING AMENDMENT.—Section 331 members to serve in the Bureau of Customs the Secretary of Defense shall submit to the of title 28, United States Code, is amended by and Border Protection. congressional defense committees a report adding at the end the following: (b) COVERED MEMBERS AND FORMER MEM- on the progress of the Department of Defense ‘‘The Judicial Conference shall consult and BERS OF THE ARMED FORCES.—For purposes of in implementing the policy established by coordinate with the Director of United this section, covered members and former subsection (a). States Marshals Service on a continuing members of the Armed Forces are the fol- (2) ELEMENTS.—The report shall include basis regarding the security requirements for lowing: the following: the judicial branch of the United States Gov- (1) Members of the reserve components of (A) An assessment of the feasibility of des- ernment.’’. the Armed Forces. ignating a senior Department of Defense offi- (b) PROTECTION OF FAMILY MEMBERS.—Sec- (2) Former members of the Armed Forces cial to be responsible for implementing the tion 105(b)(3) of the Ethics in Government within two years of separation from service policy established by subsection (a). Act of 1978 (5 U.S.C. App.) is amended— in the Armed Forces. (B) A summary of the recommendations (1) in subparagraph (A), by inserting ‘‘or a (c) REQUIREMENTS AND LIMITATIONS.— made as of the time of the report by— family member of that individual’’ after (1) NATURE OF INCENTIVES.—In considering (i) the Energy Security Integrated Product ‘‘that individual’’; and incentives for purposes of the report required Team established by the Secretary of De- (2) in subparagraph (B)(i), by inserting ‘‘or by subsection (a), the Secretaries shall con- fense in April 2006; a family member of that individual’’ after sider such incentives, whether monetary or (ii) the Defense Science Board Task Force ‘‘the report’’. otherwise and whether or not authorized by on Department of Defense Energy Strategy (c) EXTENSION OF SUNSET PROVISION.—Sec- current law or regulations, as the Secre- established by the Under Secretary of De- tion 105(b)(3) of the Ethics in Government taries jointly consider appropriate. fense for Acquisition, Technology and Logis- Act of 1978 (5 U.S.C. App) is amended by (2) TARGETING OF INCENTIVES.—In assessing tics on May 2, 2006; and striking ‘‘2005’’ each place that term appears any incentive for purposes of the report, the (iii) the January 2001 Defense Science and inserting ‘‘2009’’. Secretaries shall give particular attention to Board Task Force report on Improving Fuel (d) PROTECTIONS AGAINST MALICIOUS RE- the utility of such incentive in— Efficiency of Weapons Platforms. CORDING OF FICTITIOUS LIENS AGAINST FED- (A) encouraging service in the Bureau of (C) For each recommendation summarized ERAL JUDGES AND FEDERAL LAW ENFORCE- Customs and Border Protection after service under subparagraph (B)— MENT OFFICERS.— in the Armed Forces by covered members (i) the steps that the Department has (1) OFFENSE.—Chapter 73 of title 18, United and former of the Armed Forces who have taken to implement such recommendation; States Code, is amended by adding at the end provided border patrol or border security as- (ii) any additional steps the Department the following: sistance to the Bureau as part of their duties plans to take to implement such rec- ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL as members of the Armed Forces; and ommendation; and JUDGE OR FEDERAL LAW ENFORCE- (B) leveraging military training and expe- (iii) for any recommendation that the De- MENT OFFICER BY FALSE CLAIM OR rience by accelerating training, or allowing partment does not plan to implement, the SLANDER OF TITLE. credit to be applied to related areas of train- reasons for the decision not to implement ‘‘(a) Whoever files or attempts to file, in ing, required for service with the Bureau of such recommendation. any public record or in any private record Customs and Border Protection. (D) An assessment of the extent to which which is generally available to the public, (3) PAYMENT.—In assessing incentives for the research, development, acquisition, and any false lien or encumbrance against the purposes of the report, the Secretaries shall logistics guidance and directives of the De- real or personal property of a Federal judge assume that any costs of such incentives partment for weapons platforms are appro- or a Federal law enforcement official, on ac- shall be borne by the Department of Home- priately designed to address the policy estab- count of the performance of official duties by land Security. lished by subsection (a). that Federal judge or Federal law enforce- (d) ELEMENTS.—The report required by sub- (E) An assessment of the extent to which ment official, knowing or having reason to section (a) shall include the following: such guidance and directives are being car- know that such lien or encumbrance is false

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or contains any materially false, fictitious, (g) CLARIFICATION OF VENUE FOR RETALIA- (B) in subsection (b), by inserting after the or fraudulent statement or representation, TION AGAINST A WITNESS.—Section 1513 of period the following: shall be fined under this title or imprisoned title 18, United States Code, is amended by ‘‘Priority shall be given to State court appli- for not more than 10 years, or both. adding at the end the following: cants under subsection (a)(4) that have the ‘‘(b) As used in this section— ‘‘(g) A prosecution under this section may greatest demonstrated need to provide secu- ‘‘(1) the term ‘Federal judge’ means a jus- be brought in the district in which the offi- rity in order to administer justice.’’. cial proceeding (whether or not pending, tice or judge of the United States as defined (2) ALLOCATIONS.—Section 516(a) of the Om- in section 451 of title 28, United States Code, about to be instituted or completed) was in- nibus Crime Control and Safe Streets Act of a judge of the United States Court of Federal tended to be affected, or in which the con- 1968 (42 U.S.C. 3762b) is amended by— duct constituting the alleged offense oc- Claims, a United States bankruptcy judge, a (A) striking ‘‘80’’ and inserting ‘‘70’’; curred.’’. United States magistrate judge, and a judge (B) striking ‘‘and 10’’ and inserting ‘‘10’’; (h) WITNESS PROTECTION GRANT PRO- of the United States Court of Appeals for the and Armed Forces, United States Court of Ap- GRAM.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et (C) inserting before the period the fol- peals for Veterans Claims, United States Tax lowing: ‘‘, and 10 percent for section Court, District Court of Guam, District seq.) is amended by adding at the end the fol- lowing new part: 515(a)(4)’’. Court of the Northern Mariana Islands, or (l) BANKRUPTCY, MAGISTRATE, AND TERRI- ‘‘PART JJ—WITNESS PROTECTION District Court of the Virgin Islands; and TORIAL JUDGES LIFE INSURANCE.— GRANTS ‘‘(2) the term ‘Federal law enforcement of- (1) BANKRUPTCY JUDGES.—Section 153 of ficer’ has the meaning given that term in ‘‘SEC. 3001. PROGRAM AUTHORIZED. title 28, United States Code, is amended by section 115 of this title and includes an at- ‘‘(a) IN GENERAL.—From amounts made adding at the end the following: torney who is an officer or employee of the available to carry out this part, the Attor- ‘‘(e) For purposes of construing and apply- United States in the executive branch of the ney General may make grants to States, ing chapter 87 of title 5, United States Code, Government.’’. units of local government, and Indian tribes including any adjustment of insurance rates (2) CLERICAL AMENDMENT.—The chapter to create and expand witness protection pro- by regulation or otherwise, a bankruptcy analysis for chapter 73 of title 18, United grams in order to prevent threats, intimida- judge of the United States in regular active States Code, is amended by adding at the end tion, and retaliation against victims of, and service or who is retired under section 377 of the following new item: witnesses to, crimes. this title shall be deemed to be a judge of the ‘‘(b) USES OF FUNDS.—Grants awarded ‘‘1521. Retaliating against a Federal judge United States described under section under this part shall be— or Federal law enforcement of- 8701(a)(5) of title 5.’’. ‘‘(1) distributed directly to the State, unit ficer by false claim or slander (2) UNITED STATES MAGISTRATE JUDGES.— of local government, or Indian tribe; and of title.’’. Section 634(c) of title 28, United States Code, ‘‘(2) used for the creation and expansion of (e) PROTECTION OF INDIVIDUALS PERFORMING is amended— witness protection programs in the jurisdic- CERTAIN OFFICIAL DUTIES.— (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and tion of the grantee. (1) OFFENSE.—Chapter 7 of title 18, United (B) by adding at the end the following: ‘‘(c) PREFERENTIAL CONSIDERATION.—In States Code, is amended by adding at the end awarding grants under this part, the Attor- ‘‘(2) For purposes of construing and apply- the following: ney General may give preferential consider- ing chapter 87 of title 5, United States Code, ‘‘SEC. 118. PROTECTION OF INDIVIDUALS PER- ation, if feasible, to an application from a ju- including any adjustment of insurance rates FORMING CERTAIN OFFICIAL DU- risdiction that— by regulation or otherwise, a magistrate TIES. judge of the United States in regular active ‘‘(a) Whoever knowingly makes restricted ‘‘(1) has the greatest need for witness and victim protection programs; service or who is retired under section 377 of personal information about a covered offi- this title shall be deemed to be a judge of the cial, or a member of the immediate family of ‘‘(2) has a serious violent crime problem in the jurisdiction; and United States described under section that covered official, publicly available, with 8701(a)(5) of title 5.’’. the intent that such restricted personal in- ‘‘(3) has had, or is likely to have, instances of threats, intimidation, and retaliation (3) TERRITORIAL JUDGES.— formation be used to kill, kidnap, or inflict (A) GUAM.—Section 24 of the Organic Act bodily harm upon, or to threaten to kill, kid- against victims of, and witnesses to, crimes. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— of Guam (48 U.S.C. 1424b) is amended by add- nap, or inflict bodily harm upon, that cov- There are authorized to be appropriated to ing at the end the following: ered official, or a member of the immediate carry out this section $20,000,000 for each of ‘‘(c) For purposes of construing and apply- family of that covered official, shall be fined fiscal years 2006 through 2010.’’. ing chapter 87 of title 5, United States Code, under this title and imprisoned not more (i) GRANTS TO STATES TO PROTECT WIT- including any adjustment of insurance rates than 5 years, or both. NESSES AND VICTIMS OF CRIMES.— by regulation or otherwise, a judge ap- ‘‘(b) As used in this section— (1) IN GENERAL.—Section 31702 of the Vio- pointed under this section who is in regular ‘‘(1) the term ‘restricted personal informa- lent Crime Control and Law Enforcement active service or who is retired under section tion’ means, with respect to an individual, Act of 1994 (42 U.S.C. 13862) is amended— 373 of title 28, United States Code, shall be the Social Security number, the home ad- (A) in paragraph (3), by striking ‘‘and’’ at deemed to be a judge of the United States de- dress, home phone number, mobile phone the end; scribed under section 8701(a)(5) of title 5.’’. number, personal email, or home fax number (B) in paragraph (4), by striking the period (B) COMMONWEALTH OF THE NORTHERN MAR- of, and identifiable to, that individual; and inserting ‘‘; and’’; and IANA ISLANDS.—Section 1(b) of the Act of No- ‘‘(2) the term ‘covered official’ means— (C) by adding at the end the following: vember 8, 1977 (48 U.S.C. 1821) is amended by ‘‘(A) an individual designated in section ‘‘(5) to create and expand witness and vic- adding at the end the following: 1114; tim protection programs to prevent threats, ‘‘(5) For purposes of construing and apply- ‘‘(B) a Federal judge or Federal law en- intimidation, and retaliation against victims ing chapter 87 of title 5, United States Code, forcement officer as those terms are defined of, and witnesses to, violent crimes.’’. including any adjustment of insurance rates in section 1521; or (2) AUTHORIZATION OF APPROPRIATIONS.— by regulation or otherwise, a judge ap- ‘‘(C) a grand or petit juror, witness, or Section 31707 of the Violent Crime Control pointed under this section who is in regular other officer in or of, any court of the United and Law Enforcement Act of 1994 (42 U.S.C. active service or who is retired under section States, or an officer who may be serving at 13867) is amended to read as follows: 373 of title 28, United States Code, shall be any examination or other proceeding before ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- deemed to be a judge of the United States de- any United States magistrate judge or other TIONS. scribed under section 8701(a)(5) of title 5.’’. committing magistrate; and ‘‘There are authorized to be appropriated (C) VIRGIN ISLANDS.—Section 24(a) of the ‘‘(3) the term ‘immediate family’ has the $20,000,000 for each of the fiscal years 2006 Revised Organic Act of the Virgin Islands (48 same meaning given that term in section through 2010 to carry out this subtitle.’’. U.S.C. 1614(a)) is amended— 115(c)(2).’’. (j) ELIGIBILITY OF STATE COURTS FOR CER- (i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (2) CLERICAL AMENDMENT.—The chapter TAIN FEDERAL GRANTS.— (ii) by adding at the end the following: analysis for chapter 7 of title 18, United (1) CORRECTIONAL OPTIONS GRANTS.—Sec- ‘‘(2) For purposes of construing and apply- States Code, is amended by adding at the end tion 515 of the Omnibus Crime Control and ing chapter 87 of title 5, United States Code, the following: Safe Streets Act of 1968 (42 U.S.C. 3762a) is including any adjustment of insurance rates ‘‘Sec. 117. Domestic assault by an habitual amended— by regulation or otherwise, a judge ap- offender. (A) in subsection (a)— pointed under this section who is in regular ‘‘Sec. 118. Protection of individuals per- (i) in paragraph (2), by striking ‘‘and’’ at active service or who is retired under section forming certain official du- the end; 373 of title 28, United States Code, shall be ties.’’. (ii) in paragraph (3), by striking the period deemed to be a judge of the United States de- (f) PROHIBITION OF POSSESSION OF DAN- and inserting ‘‘; and’’; and scribed under section 8701(a)(5) of title 5.’’. GEROUS WEAPONS IN FEDERAL COURT FACILI- (iii) by adding at the end the following: (m) HEALTH INSURANCE FOR SURVIVING TIES.—Section 930(e)(1) of title 18, United ‘‘(4) grants to State courts to improve se- FAMILY AND SPOUSES OF JUDGES.—Section States Code, is amended by inserting ‘‘or curity for State and local court systems.’’; 8901(3) of title 5, United States Code, is other dangerous weapon’’ after ‘‘firearm’’. and amended—

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S5936 CONGRESSIONAL RECORD — SENATE June 15, 2006 (1) in subparagraph (C), by striking ‘‘; and’’ (3) Destroying existing chemical weapons ‘‘(2) This section is not applicable to— and inserting a semicolon; is a homeland security imperative, an arms ‘‘(A) a contract or subcontract for the pro- (2) in subparagraph (D), by adding ‘‘and’’ control priority, and required by United curement of a commercial item containing after the semicolon; and States law. specialty metals described in subsections (3) by adding at the end the following: (4) The elimination and nonproliferation of (b)(2) and (b)(3); or ‘‘(E) a member of a family who is a sur- chemical weapons of mass destruction is of ‘‘(B) specialty metals that are incorporated vivor of— utmost importance to the national security into an electronic component, where the ‘‘(i) a Justice or judge of the United States, of the United States. value of the specialty metal used in the com- as defined under section 451 of title 28, (b) SENSE OF THE SENATE.—It is the sense ponent is de minimis in relation to the value United States Code; of the Senate that— of the electronic component. ‘‘(ii) a judge of the District Court of Guam, (1) the United States is committed to mak- ‘‘(3) For purposes of paragraph (2)(A), a the District Court of the Northern Mariana ing every effort to safely dispose of its chem- commercial item does not include— Islands, or the District Court of the Virgin ical weapons stockpiles by the Chemical ‘‘(A) any item that contains noncommer- Islands; Weapons Convention deadline of April 29, cial modifications that cost or are expected ‘‘(iii) a judge of the United States Court of 2012, or as soon thereafter as possible, and to cost, in the aggregate, more than 5 per- Federal Claims; or will carry out all of its other obligations cent of the total price of such item; ‘‘(iv) a United States bankruptcy judge or under the Convention; ‘‘(B) any item that would not be considered a full-time United States magistrate judge.’’. (2) the Secretary of Defense should prepare to be a commercial item, but for sales to government entities or inclusion in items AMENDMENT NO. 4225 a comprehensive schedule for safely destroy- that are sold to government entities; (Purpose: To require that, not later than ing the United States chemical weapons stockpiles to prevent further delays in the ‘‘(C) forgings or castings for military March 31, 2007, the Secretary of the Army unique end items; transport to an authorized disposal facility destruction of such stockpiles, and the schedule should be submitted annually to ‘‘(D) fasteners other than commercial off- for appropriate disposal all of the Federal the-shelf items (as defined in section 35(c) of Government-furnished uranium in the the congressional defense committees sepa- rately or as part of another required report; the Office of Federal Procurement Policy chemical and physical form in which it is Act (41 U.S.C. 431(c)); or stored at the Sequoyah Fuels Corporation and (3) the Secretary of Defense should make ‘‘(E) specialty metals.’’. site in Gore, Oklahoma) (b) EXCEPTION FOR CERTAIN DUAL-USE every effort to ensure adequate funding to ITEMS TO FACILITATE CIVIL-MILITARY INTE- At the end of division C, add the following complete the elimination of the United new title: GRATION.—Such section is further amended States chemical weapons stockpile in the by adding at the end the following new sub- TITLE XXXIII—NATIONAL DEFENSE shortest time possible, consistent with the section: STOCKPILE requirement to protect public health, safety, ‘‘(k) EXCEPTION FOR CERTAIN DUAL-USE SEC. 3301. TRANSFER OF GOVERNMENT-FUR- and the environment. ITEMS TO FACILITATE CIVIL-MILITARY INTE- NISHED URANIUM STORED AT AMENDMENT NO. 4285 GRATION.—Subsection (a) does not apply to SEQUOYAH FUELS CORPORATION, the procurement of an item from a con- GORE, OKLAHOMA. (Purpose: To improve authorities to address tractor or a first-tier subcontractor if the (a) TRANSPORT AND DISPOSAL.—Not later urgent nonproliferation crises and United States nonproliferation operations) Secretary of Defense or the Secretary of a than March 31, 2007, the Secretary of the military department determines that— On page 480, between lines 4 and 5, insert Army shall, subject to subsection (c), trans- ‘‘(1) the item is or will be produced using the following: port to an authorized disposal facility for ap- the same production facilities, a common propriate disposal all of the Federal Govern- SEC. 1304. REMOVAL OF CERTAIN RESTRICTIONS supply chain, and the same or similar pro- ment-furnished uranium in the chemical and ON PROVISION OF COOPERATIVE duction processes that are used for the pro- THREAT REDUCTION ASSISTANCE. physical form in which it is stored at the duction of similar items delivered to non-de- (a) REPEAL OF RESTRICTIONS.— Sequoyah Fuels Corporation site in Gore, fense customers; and (1) SOVIET NUCLEAR THREAT REDUCTION ACT Oklahoma. ‘‘(2) the contractor or subcontractor has (b) SOURCE OF FUNDS.—Funds authorized to OF 1991.—Section 211(b) of the Soviet Nuclear made a contractual commitment to purchase be appropriated by section 301(1) for the Threat Reduction Act of 1991 (title II of Pub- a quality, grade, and amount of domesti- Army for operation and maintenance may be lic Law 102–228; 22 U.S.C. 2551 note) is re- cally-melted specialty metals for use by the used for the transport and disposal required pealed. purchaser during the period of contract per- under subsection (a). (2) COOPERATIVE THREAT REDUCTION ACT OF formance in the production of the item and (c) LIABILITY.—The Secretary may only 1993.—Section 1203(d) of the Cooperative other similar items delivered to non-defense transport uranium under subsection (a) after Threat Reduction Act of 1993 (title XII of customers that is not less that the greater receiving from Sequoyah Fuels Corporation Public Law 103–160; 22 U.S.C. 5952(d)) is re- of— a written agreement satisfactory to the Sec- pealed. ‘‘(A) the amount of specialty metals that is retary that provides that— (3) RUSSIAN CHEMICAL WEAPONS DESTRUC- purchased by the contractor for use in the (1) the United States assumes no liability, TION FACILITIES.—Section 1305 of the Na- item delivered to the Department of Defense; legal or otherwise, of Sequoyah Fuels Cor- tional Defense Authorization Act for Fiscal or poration by transporting such uranium; and Year 2000 (Public Law 106–65; 22 U.S.C. 5952 ‘‘(B) 40 percent of the amount of specialty (2) the Sequoyah Fuels Corporation waives note) is repealed. metals purchased by the contractor or sub- any and all claims it may have against the (b) INAPPLICABILITY OF OTHER RESTRIC- contractor for use during such period in the United States related to the transported ura- TIONS.— production of the item and similar items de- nium. Section 502 of the Freedom for Russia and livered to non-defense contractors.’’. AMENDMENT NO. 4218 Emerging Eurasian Democracies and Open (c) DE MINIMIS STANDARD FOR SPECIALTY (Purpose: To express the sense of the Senate Markets Support Act of 1992 (Public Law 102– METALS.—Such section is further amended regarding the Chemical Weapons Conven- 511; 106 Stat. 3338; 22 U.S.C. 5852) shall not by adding at the end the following new sub- tion) apply to any Cooperative Threat Reduction section: program. ‘‘(l) MINIMUM THRESHOLD FOR SPECIALTY On page 437, between lines 2 and 3, insert AMENDMENT NO. 4286 METALS.—Notwithstanding the requirements the following: of subsection (a), the Secretary of Defense or (Purpose: To provide for the applicability of SEC. 1084. SENSE OF THE SENATE ON DESTRUC- the Secretary of a military department may certain requirements to the acquisition of TION OF CHEMICAL WEAPONS. accept delivery of an item containing spe- (a) FINDINGS.—The Senate makes the fol- certain specialty metals) cialty metals that were not grown, reproc- lowing findings: Strike section 822 and insert the following: essed, reused, or produced in the United (1) The Convention on the Prohibition of SEC. 822. APPLICABILITY OF CERTAIN REQUIRE- States if the total amount of noncompliant the Development, Production, Stockpiling MENTS REGARDING SPECIALTY MET- specialty metals in the item does not exceed and Use of Chemical Weapons and on Their ALS. 2 percent of the total amount of specialty Destruction, done at Paris on January 13, (a) EXEMPTION FOR CERTAIN COMMERCIAL metals in the item.’’. 1993 (commonly referred to as the ‘‘Chemical ITEMS.—Subsection (i) of section 2533a of (d) EFFECTIVE DATE.— Weapons Convention’’), requires all United title 10, United States Code, is amended— (1) IN GENERAL.—The amendments made by States chemical weapons stockpiles be de- (1) by inserting ‘‘, DUAL-USE ITEMS, AND subsections (a) and (c) shall take effect on stroyed by no later than the extended dead- ELECTRONIC COMPONENTS’’ after ‘‘COMMER- the date of the enactment of this Act, and line of April 29, 2012. CIAL ITEMS’’; shall apply with respect to items accepted (2) On April 10, 2006, the Department of De- (2) by inserting ‘‘(1)’’ before ‘‘this section’’; for delivery on or after that date. fense notified Congress that the United (3) in paragraph (1), as so designated, by in- (2) CIVIL-MILITARY INTEGRATION.—The States would not meet even the extended serting ‘‘described in subsection (b)(1)’’ after amendment made by subsection (b) shall deadline under the Chemical Weapons Con- ‘‘commercial items’’; and take effect on the date of the enactment of vention for destruction of United States (4) by adding at the end the following new this Act, and shall apply to contracts en- chemical weapons stockpiles. paragraphs: tered into on or after that date.

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 15, 2006 CONGRESSIONAL RECORD — SENATE S5937 AMENDMENT NO. 4199 (A) the Committees on Armed Services, pensation Program Act of 2000, (Purpose: To authorize a pilot program on Appropriations, and Small Business and En- EEOICPA, to ensure fairness and eq- the expanded use of mentor-protege au- trepreneurship of the Senate; and uity for the men and women who per- thority) (B) the Committees on Armed Services and formed duties uniquely related to the At the end of subtitle E of title VIII, add Appropriations of the House of Representa- nuclear weapons production and test- the following: tives. (2) The term ‘‘small business concern’’ has ing programs by establishing a pro- SEC. 874. PILOT PROGRAM ON EXPANDED USE OF gram that would provide timely, uni- MENTOR-PROTEGE AUTHORITY. the meaning given that term in section (a) PILOT PROGRAM AUTHORIZED.—The Sec- 831(m)(1) of the National Defense Authoriza- form, and adequate compensation for 22 retary of Defense may carry out a pilot pro- tion Act for Fiscal Year 1991. specified radiation-related cancers. gram to assess the feasibility and advis- AMENDMENT NO. 4287 Research by the Department of En- ability of treating small business concerns (Purpose: Expressing the sense of the Senate ergy, the National Institute for Occu- described in subsection (b) as disadvantaged on the nomination of an individual to serve pational Safety and Health, NIOSH, small business concerns under the Mentor- as Director of Operational Test and Eval- NIOSH’s contractors, the President’s Protege Program under section 831 of the Na- uation of the Department of Defense on a Advisory Board on Radiation and tional Defense Authorization Act for Fiscal permanent basis) Worker Health, and congressional com- Year 1991 (10 U.S.C. 2302 note). (b) COVERED SMALL BUSINESS CONCERNS.— At the end of subtitle C of title IX, add the mittees indicates that workers were The small business concerns described in this following: not adequately monitored for internal subsection are small business concerns SEC. 924. SENSE OF SENATE ON NOMINATION OF or external exposures to ionizing radi- that— INDIVIDUAL TO SERVE AS DIRECTOR ation to which the workers were ex- (1) are participants in the Small Business OF OPERATIONAL TEST AND EVAL- UATION ON A PERMANENT BASIS. posed and records were not maintained, Innovative Research Program of the Depart- (a) FINDINGS.—The Senate makes the fol- are not reliable, are incomplete, or fail ment of Defense established pursuant to sec- lowing findings: to indicate the radioactive isotopes to tion 9 of the Small Business Act (15 U.S.C. (1) Congress established the position of Di- 638); and which workers were exposed. rector of Operational Test and Evaluation of (2) as determined by the Secretary, are de- Because of the inequities posed by the Department of Defense in 1983 to ensure veloping technologies that will assist in de- the factors described above and the re- the operational effectiveness and suitability tecting or defeating Improvised Explosive sulting harm to the workers, EEOICPA of weapon systems in combat. Devices (IEDs) or other critical force protec- has an expedited process for groups of (2) The Director of Operational Test and tion measures. workers whose radiation dose cannot Evaluation serves as the principal adviser to (c) TREATMENT AS DISADVANTAGED SMALL be estimated with sufficient accuracy BUSINESS CONCERNS.— the Secretary of Defense on operational test and evaluation and is vital to ensuring the or whose dose cannot be estimated in a (1) IN GENERAL.—For purposes of the pilot timely manner. These workers are program, the Secretary may treat a small operational effectiveness of weapon systems business concern described in subsection (b) in combat. placed into a Special Exposure Cohort, as a disadvantaged small business concern (3) The position of Director of Operational SEC. Workers in an SEC do not have to under the Mentor-Protege Program. Test and Evaluation has been held on an act- go through the dose reconstruction (2) MENTOR-PROTEGE AGREEMENT.—Any eli- ing basis since February 15, 2005. process, which can take years and be gible business concerned approved for par- (b) SENSE OF SENATE.—It is the sense of the extremely difficult as these workers ticipation in the Mentor-Protege Program as Senate that the President should submit to the Senate the nomination of an individual are often unable to produce informa- a mentor firm may enter into a mentor-pro- tion because it was or is classified. tege agreement and provide assistance de- for the position of Director of Operational Test and Evaluation as soon as practicable. Congress has already legislatively scribed in section 831 of the National Defense designated classes of atomic energy Mr. REID. Mr. President, I have an Authorization Act for Fiscal Year 1991 with veterans at the Paducah, Kentucky, respect to a small business concern treated amendment to provide compensation Portsmouth, Ohio, Oak Ridge K–25, under paragraph (1) as a disadvantaged small for civilian veterans of the Cold War Tennessee, and the Amchitka Island, business concern under the Mentor-Protege who contracted cancer as a result of AK, sites as members of the special ex- Program. their work at our nuclear weapons fa- (d) FUNDING.— posure cohort under EEOICPA. Am- cilities. (1) IN GENERAL.—Notwithstanding the limi- chitka Island was designated because My amendment will ensure that em- tation in section 9(f)(2) of the Small Business three underground nuclear tests were ployees who worked at the Nevada Test Act (15 U.S.C. 638(f)(2)), funds for any reim- conducted on the Island. bursement provided to a mentor firm under Site during the years of above- and Nevada Test Site workers deserve the section 831(g) of the National Defense Au- below-ground nuclear weapons testing same designation. thorization Act for Fiscal Year 1991 with re- and suffer from radiation-induced can- spect to a small business concern described I and many other Nevadans remem- cers as a result of that work finally re- ber watching explosions at the Nevada in subsection (b) under the pilot program ceive the compensation they deserve. shall be derived from funds available for the Test Site. We were struck with awe and Small Business Innovative Research Pro- These Cold War veterans sacrificed wonder at the power and strength of gram of the Department of Defense. their health and well-being for their these explosions. Little did we know (2) LIMITATION.—The amount available country. We can wait no longer to ac- that there was another side to those under paragraph (1) for reimbursement de- knowledge those sacrifices and to try, atomic tests—the exposure of men and scribed in that paragraph may not exceed in some small way, to compensate for women working at the site to cancer- the amount equal to one percent of the funds the cancers they have suffered as a re- causing substances. Now, hundreds, available for the Small Business Innovative sult of their service to their country. perhaps thousands, of these Cold War Research Program. U.S. citizens have served their coun- (e) SUNSET.— veterans face deadly cancers. Many (1) AGREEMENTS.—No mentor-protege try working in facilities producing and have already passed away. agreement may be entered into under the testing nuclear weapons and engaging The contribution of the State of Ne- pilot program after September 30, 2010. in other atomic energy defense activi- vada to the security of the United (2) OTHER MATTERS.—No reimbursement ties that served as a deterrent during States throughout the Cold War and may be paid, and no credit toward the at- the Cold War. Many of these workers since has been unparalleled. In 1950, tainment of a subcontracting goal may be were exposed to cancer-causing levels President Harry S. Truman designated granted, under the pilot program after Sep- of radiation and placed in harm’s way what would later be called the Nevada tember 30, 2013. (f) REPORT.—Not later than March 1, 2009, by the Department of Energy and con- Test Site as the Nation’s nuclear prov- the Secretary shall submit to the appro- tractors, subcontractors, and vendors ing grounds and, a month later, the priate committees of Congress a report on of the Department without the knowl- first atmospheric test at the Nevada the pilot program. The report shall— edge and consent of the workers, with- Test Site was detonated. The United (1) describe the extent to which mentor- out adequate radiation monitoring, and States conducted 100 aboveground and protege agreements have been entered under without necessary protections from in- 828 underground nuclear tests at the the pilot program; and ternal or external occupational radi- Nevada Test Site from 1951 to 1992. Out (2) describe and assess the technological benefits arising under such agreements. ation exposures. of the 1054 nuclear tests conducted in (g) DEFINITIONS.—In this section: Six years ago, I worked with Presi- the United States, 928, or 88 percent, (1) The term ‘‘appropriate committees of dent Clinton to pass The Energy Em- were conducted at the Nevada Test Congress’’ means— ployees Occupational Illness Com- Site.

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S5938 CONGRESSIONAL RECORD — SENATE June 15, 2006 Unfortunately, Nevada Test Site atmospheric or underground nuclear bring peace and democracy. When the workers, despite having worked with test or performed drillbacks, reentry, head of state of that country says it is significant amounts of radioactive ma- or cleanup work following such tests; okay if you shot at American troops, it terials and having known exposures present at an episodic event involving defies belief, it defies credibility. leading to serious health effects, have radiation release; or employed at Ne- The bottom line is our President been denied compensation under vada Test Site for at least 250 work- stood with Prime Minister Maliki just EEOICPA as a result of flawed calcula- days and in a job activity that was a day or two ago and said he looked tions based on records that are incom- monitored for exposure to ionizing ra- him in the eye and saw he was a good plete or in error as well as the use of diation or worked in a job activity that man. President Bush must have missed faulty assumptions and incorrect mod- is or was comparable to a job that is, something. Clearly, no one can be a els. was, or should have been monitored for good man and state that it would be It has become evident that it is not exposure to ionizing radiation. okay to give amnesty to those who feasible to estimate with sufficient ac- The Nevada Test Site has served, and shot at our soldiers. curacy the radiation dose received by continues to serve, as the premier re- This is something which calls into employees at the Department of En- search, testing, and development site question the whole endeavor in Iraq. If ergy facility in Nevada known as Ne- for our nuclear defense capabilities. this is the man we are relying on to get vada Test Site at all in some cases and The Nevada Test Site and its workers us out of the morass, to lead a govern- in others in a timely manner. In fact, have been, and are, an essential and ir- ment, and he is able to say that those the administration has admitted that replaceable part of our Nation’s defense who shot at our soldiers should be it cannot construct internal radiation capabilities. This bill would honor the given amnesty while those who shot at dose for workers employed on the site service of our atomic energy veterans Iraqis should not, something is dra- during the aboveground test and yet is and provide them with the compensa- matically wrong. still balking at full compensation for tion they deserve. I will never forget when our Presi- all of these workers. There are many I urge my colleagues to join me in dent said he met President Putin, reasons for this, including inadequate supporting this amendment. looked in his eye, and found he was a monitoring, incomplete radionuclide Mr. WARNER. Mr. President, I thank good man. Yet we have had trouble lists, and DOE’s ignoring nearly a my distinguished ranking member for with President Putin ever since. dozen tests conducted at the site that his always cooperative efforts to move Something is desperately the matter. vented. Because of these problems, Ne- this bill along. I think we have made We need to do a few things. We need to vada Test Site workers have been de- progress on the bill. pass this resolution immediately and nied compensation under the act, some Mr. LEVIN. Somehow or other, we register our condemnation of the re- of which have waited for decades for did make progress. marks. their Government to acknowledge the Mr. WARNER. We did make progress. President Bush, America is asking sacrifices they made for their country There will be a briefing in S–407 tomor- you to demand a retraction from the and compensate them. row with regard to operations in Iraq. Prime Minister of Iraq of these des- Unfortunately, 6 years since the pas- Members of the Senate are invited. I picable words or America can no longer sage of EEOICPA and in some cases expect we will convene in the morning support sending soldiers to defend Iraqi decades after their service to their under an order later this evening from freedom, to defend Iraqi peace. How country, very few of those Nevada Test the leadership, but we will be back on can we, our soldiers, and their families Site Cold War veterans who have can- the bill for some period of time tomor- go over to Iraq if, when they are shot cer have received compensation. In row. at by renegade Iraqis, those Iraqis may fact, Nevada Test Site workers are re- Mr. President, I suggest the absence be given amnesty and a pat on the ceiving compensation at a rate lower of a quorum. back? That is despicable. It is so than the national average, and many The PRESIDING OFFICER. The wrong. who have waited decades are being told clerk will call the roll. I have spent time with families who that they have to wait longer. And The legislative clerk proceeded to have lost loved ones in Iraq. I have many have already died while waiting call the roll. spent hours seeing our soldiers off to for their compensation. Mr. SCHUMER. Mr. President, I ask victory, watching as their families, Last November, I sent a letter to unanimous consent that the order for their wives, their husbands, and their President Bush asking him to initiate the quorum call be rescinded. children, with tears in their eyes, this process himself. He still has not The PRESIDING OFFICER (Mr. watched them board the planes and the responded. However, his administration CORNYN). Without objection, it is so or- transports. For these families, while is trying to rewrite the law via regula- dered. their beloved men and women are over tion and cut funding to this program in Mr. SCHUMER. Mr. President, you there, to read that the Prime Minister order to delay compensation further can imagine the surprise, the con- of Iraq would grant amnesty to some- and halt it for some workers alto- sternation of so many who woke up one who tried to kill that soldier who gether. this morning and read on the front is bravely serving, how would they This is unacceptable. page of the Washington Post that the feel? That is why I am committed to en- Prime Minister of Iraq suggested he President Bush must get on the suring that Nevada Test Site workers would grant amnesty to those who phone, if he has not already, with the through 1993 are designated as a ‘‘spe- killed, maimed, hurt Americans. This Iraqi Prime Minister and demand a re- cial exposure cohort.’’ This will was just appalling. traction. If not, the American people, streamline and speed up the recovery I rise in support of the resolution of- and particularly the soldiers and their process for those workers. fered by my colleagues from Florida families, deserve an explanation about My amendment would ensure em- and New Jersey to, first, condemn what is going on over there. Again, to ployees and survivors of employees who those despicable remarks, and, second, give a get-out-of-jail-free card to those worked at the Nevada Test Site to importune our President, President who shoot at American soldiers while through 1993 that they receive com- Bush, to make sure the Prime Minister those soldiers are trying to defend free- pensation. They helped this country of Iraq retracts those remarks and reg- dom and peace in Iraq boggles the win the Cold War, sacrificing their per- isters the strong disapproval of this mind. sonal health in the process, and after Senate and of our Nation about what Another question: How can we rely decades of waiting and suffering, it is happened. on this man, this new Prime Minister time the Government honored these To give those who shot at, sometimes Maliki, as an ally if he says this? My sacrifices. killed, often maimed Americans a get- faith in him is shaken to the core. This bill would include within the out-of-jail-free card is nothing short of What will happen 2 months from now special exposure cohort Nevada Test despicable and a slap in the face to all or 6 months from now? Site workers employed at the site from Americans. We have been told we are in This is a serious issue. I hope my col- 1950 to 1993 who were present during an Iraq for the noblest of purposes—to leagues will pay attention. It is serious

VerDate Aug 31 2005 03:40 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S15JN6.REC S15JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 15, 2006 CONGRESSIONAL RECORD — SENATE S5939 because of the honor of our soldiers. It been recorded on nearly 99 percent of Knowing the background and how hard it is serious because it casts doubt on the all Senate rollcalls since 1958. Indeed, would be to move out from that background, future of whatever plan there is in he has cast far more votes than any I picture him as being an office man or a Iraq. It is serious mostly because it is other Senator in our Nation’s history. scrip clerk at one of the mines. an inhumane and nasty comment that It is not for his longevity, however, In those years of the Great Depres- negativizes all the sacrifices our people that we honor our colleague, the senior sion, there was obviously no money for have made. Senator from West Virginia. It is, rath- college. ROBERT BYRD took what jobs I hope our President will act. He has er, the manner in which he has faith- he could get: Shop clerk, butcher, a been silent today. There is no clarifica- fully carried out his responsibilities as welder in a Baltimore shipyard during tion. There is no discussion of a phone a U.S. Senator and his abiding dedica- World War II. We were honored to have call. There is no expression of outrage tion to the Constitution of the United had him in our State. from the White House. I hope that will States and the system of government it In 1946, he was elected to the first of change and change soon. If it doesn’t, created. No Member of the U.S. Con- three terms in the State legislature. Of it has to call into doubt everything we gress understands better than Senator the decision to run for office he has are trying to do over there. This was BYRD the Constitution’s role in fram- said: not a happy day for what is going on in ing our lives as Americans. As he has I grew up in a state where we didn’t have Iraq because of that awful newspaper written: much hope. I wanted to help my people and give them hope . . . story this morning and what it re- Only the Constitution’s genius affords our ported. I hope, I pray, things will people the powers and prerogatives that He did not abandon his hopes of con- change. truly keep us a free nation, most centrally tinuing his education. Upon his elec- I certainly urge my colleagues to through maintenance of the checks and bal- tion to the U.S. House of Representa- support unanimously the resolution of- ances and separation of powers. tives in 1952, he enrolled in law school. fered by my colleague from Florida and Over many years, while vigorously When he learned that he would be de- my colleague from New Jersey, that I and effectively representing the people nied a law degree because he had never am proud to support, asking for that of West Virginia, Senator BYRD has received a college degree in the law change. made the study, exposition, and de- school in which he had enrolled, he Mr. President, I yield the floor and fense of the Constitution his life’s transferred to the Washington College suggest the absence of a quorum. work. In so doing, he has spoken not of Law at American University where The PRESIDING OFFICER. The only for West Virginians but for us all. he went to night classes for 10 years clerk will call the roll. If, as Senator BYRD has said, the Sen- and received his law degree cum laude The assistant legislative clerk pro- ate functions as the central pillar of in 1963—a remarkable achievement. By ceeded to call the roll. our constitutional system, then I that time he had been a Senator from Mr. SARBANES. Mr. President, I ask would say that Senator BYRD himself is West Virginia for 5 years. ROBERT BYRD unanimous consent that the order for the central pillar of the Senate. His is the only person ever to have served the quorum call be rescinded. commitment to the Senate and its his- in either House of Congress to begin The PRESIDING OFFICER. Without tory, its custom, and procedures is and complete a law degree while serv- objection, it is so ordered. equaled only by his commitment to the ing. Mr. SARBANES. Mr. President, I un- State of West Virginia, our Nation, and Twenty years later, the College of derstand the Senate is in morning busi- our Constitution. Law at American University honored ness? No one is more keenly attuned to the him as the First Distinguished Fellow The PRESIDING OFFICER. We are in Senate’s role in assuring the proper of the honor society established by the morning business with 10-minute functioning of our constitutional sys- late dean of the college, a most fitting grants. tem. He has studied the Senate’s ori- tribute. Eleven years later, in 1994, he f gins in Roman and British history. He received his bachelor’s degree in polit- has, as he puts it, ‘‘ponder[ed] the lives ical science from Marshall University TRIBUTE TO SENATOR ROBERT C. of the framers and founders and set in recognition of the credits accumu- BYRD down a four-volume history of the Sen- lated there and other places over a pe- Mr. SARBANES. Mr. President, ear- ate.’’ And he has read the journals and riod of many years. lier in the week, on Monday to be other writings of the early Members of Of the many awards he has received exact, Senator ROBERT C. BYRD, our this body. He has mastered the Senate in the course of his long and distin- very distinguished colleague, became rules to a degree that few, if any, oth- guished career, Senator BYRD has said the longest serving Senator in the his- ers have ever attained. Even in the that none means more to him than the tory of the U.S. Senate. It is obviously most contentious debates, Senator tribute from the Governor and legisla- a moment to celebrate and recognize ROBERT C. BYRD remains a steady voice ture of his State in naming him ‘‘West his accomplishments in the service of for courtesy and civility. Indeed, his is Virginian of the 20th Century.’’ the Nation. Our celebration is tem- the voice of courtesy and civility. As his colleague here in the Senate pered only by the fact that his beloved Senator BYRD begins his autobiog- for the past 30 years and as one who wife Erma, with whom he spent nearly raphy, ‘‘Child of the Appalachian Coal- has the deepest respect and admiration 69 years of marriage, passed away re- fields,’’ with an observation by William for him and cherishes his counsel and cently. James: friendship, I submit that he will be re- I want to join my colleagues who, in The best use of life is to invest it in some- membered not only for his service to the course of this week, have paid trib- thing which will outlast life. his State but for the courage and dedi- ute to the senior Senator from West This certainly is what he has done. cation and tenacity he has shown and Virginia. Senator BYRD this year com- It was not foreordained that he would continues to show every day in the pletes his eighth Senate term, having some day be a U.S. Senator from West service of our Nation. It is a privilege first been elected to the Senate in 1958. Virginia. Born in North Carolina, he to be his colleague here in the U.S. Prior to that, he served 6 years in the lost his mother in the great influenza Senate. U.S. House of Representatives and, be- epidemic of 1918, when he was a year I yield the floor. fore that, 6 years in the West Virginia old, whereupon he was adopted by an Mr. AKAKA. Mr. President, it is in- legislature. aunt and her husband and moved with deed a privilege and honor for me to In his now almost 48 years in the U.S. them to West Virginia. His adopted fa- join my colleagues in commemorating Senate, he has held an extraordinary ther was a coal miner, and he grew up and honoring my friend and colleague, range of committee and subcommittee in company towns. He was an excellent Senator ROBERT C. BYRD, on the occa- assignments and has served in leader- student, valedictorian of his high sion of his becoming the longest serv- ship positions as secretary of the ma- school class, ‘‘a self-styled sort of ing Senator in the history of our coun- jority conference, majority whip, mi- somebody,’’ one high school teacher try, passing the old mark of 17,326 days nority leader, majority leader, and later said, but his prospects were few. on June 12, 2006. The fact that West President pro tempore. His vote has As another teacher observed: Virginians have returned him to the

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