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

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

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

Vol. 151 WASHINGTON, THURSDAY, MAY 26, 2005 No. 72 Senate The Senate met at 9:30 a.m. and was ‘‘with malice toward none, with char- vote which is scheduled for 6 o’clock called to order by the Honorable JOHN ity for all . . . [so we can finish] the tonight. If we are able to invoke clo- E. SUNUNU, a Senator from the State of work we are in.’’ ture at 6, then we would immediately New Hampshire. Amen. vote up or down on the nomination of The PRESIDING OFFICER. Today’s f . We will also receive from prayer will be offered by our guest the House a short-term extension of Chaplain, Rabbi Gary Zola, Jacob PLEDGE OF ALLEGIANCE the highway bill. We will need to pass Rader Marcus Center, Cincinnati, OH. The Honorable JOHN E. SUNUNU led that measure before we finish our work the Pledge of Allegiance, as follows: for the week as well. We hope to finish PRAYER I pledge allegiance to the Flag of the our business this evening, and if so, we The guest Chaplain offered the fol- United States of America, and to the Repub- would not be in session on Friday. That lowing prayer: lic for which it stands, one nation under God, implies a full day today, a lot of discus- Eternal One, Rock of all ages, help us indivisible, with liberty and justice for all. sion and cooperation among our col- to hear the voices of our forebears that f leagues to accomplish that. We will be still linger in the silent places of this making further announcements regard- historic Chamber of debate and deci- APPOINTMENT OF ACTING ing our schedule when we return at the sion. Let us draw devotional inspira- PRESIDENT PRO TEMPORE close of business today. tion this morning from the life of The PRESIDING OFFICER. The Finally, I ask unanimous consent Rabbi Isaac Mayer Wise, founder of the clerk will please read a communication that at 5:30, Senator STEVENS be recog- Hebrew Union College, who led this to the Senate from the President pro nized for up to 10 minutes, to be fol- Senate in prayer 135 years ago to this tempore (Mr. STEVENS). lowed by the Democratic leader for 10 very week. May one brief moment from The legislative clerk read the fol- minutes, to be followed by the - the life of this famed American clergy- lowing letter: ity leader for up to 10 minutes. man renew in us a commitment to the U.S. SENATE, The ACTING PRESIDENT pro tem- core of righteous living. PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- For we have been taught that once, Washington, DC, May 26, 2005. dered. when this rabbi took ill amidst a class To the Senate: f and was compelled to descend from his Under the provisions of rule I, paragraph 3, teaching platform, a young, eager stu- of the Standing Rules of the Senate, I hereby RECOGNITION OF THE MINORITY dent jumped up, grabbed his arm, and appoint the Honorable JOHN E. SUNUNU, a LEADER said: ‘‘May I help you down, Doctor?’’ Senator from the State of New Hampshire, to perform the duties of the Chair. The ACTING PRESIDENT pro tem- In response to this question, the TED STEVENS, pore. The Democratic leader is recog- rabbi uttered words that remind us President pro tempore. nized. anew of what is good and what God Mr. SUNUNU thereupon assumed the does require of us all: ‘‘Never help a f chair as Acting President pro tempore. person down,’’ the rabbi told his stu- dent. ‘‘Try always to help people up.’’ f ORDER OF BUSINESS In this year, marking 350 years of RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, so we have Jewish life in America, we offer up our LEADER an orderly process on our side, I would prayerful and reverential gratitude to ask unanimous consent that of the the source of life for implanting within The ACTING PRESIDENT pro tem- time that has been allotted this side, our hearts the vision of our noble Re- pore. The majority leader is recog- Senator BOXER be given 45 minutes; public, ever striving to help people up. nized. Senator DODD, 60 minutes; Senator O may all who labor in this House— f SARBANES, 15 minutes; Senator VOINO- and in every house—be inspired anew VICH, 30 minutes; Senator KERRY, 30 by the prophet Micah’s exhortation, a SCHEDULE minutes; Senator FEINGOLD, 20 min- charge that the father of this Nation Mr. FRIST. Mr. President, today, fol- utes; Senator NELSON of , 10 deeply cherished and repeatedly cited: lowing the leader time, we will resume minutes; Senator OBAMA, 15 minutes; Do justly, love mercy, and walk hum- debate on the nomination of John Senator REID, 15 minutes; and Senator bly with thy God. Bolton to be ambassador to the Secu- BIDEN to control the remaining time Fervently we pray that the vision we rity Council of the . The for 15 minutes. I am quite certain that hallow will animate all of us to live debate will be divided until the cloture the staff has worked it out so our time

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

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VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5946 CONGRESSIONAL RECORD — SENATE May 26, 2005 is equal to what Senator LUGAR con- mittee, to make certain that each of Donald McHenry, 83 to nothing—so trols on his side. If there is any dif- the arguments that has been presented they had votes—, 81 ference in the numbers, he and Senator has been met and fairly argued. to nothing. The largest ‘‘no’’ vote was DODD can adjust it accordingly. During the entirety of the debate , who had 16 against The ACTING PRESIDENT pro tem- yesterday, the arguments that were him. was 100 to noth- pore. Without objection, it is so or- made were not new ones. They may be ing; , voice vote; Dan- dered. important ones, and perhaps they will forth, voice vote. f be reargued today. But I ask Members I am putting this in the RECORD be- to think constructively now about the cause when you listen to my friends RESERVATION OF LEADER TIME President of the United States, his de- who are supporting John Bolton, you The ACTING PRESIDENT pro tem- sire for reform of the United Nations, would think that this is just a run-of- pore. Under the previous order, the and his desire to have John Bolton the-mill type appointment, that it is leadership time is reserved. there at the United Nations to work in usual to have this kind of firestorm. f that capacity for reform of an institu- Nothing could be further from the tion that the United States wishes to EXECUTIVE SESSION truth. This nomination is a diversion see much stronger, more able, and cer- from the consensus candidates that we tainly a valuable part of American di- have had in the past. Since my chair- NOMINATION OF JOHN ROBERT plomacy and national security policy. man talked about all the support John BOLTON TO BE THE REPRESENT- I yield the floor. Bolton has, I ask unanimous consent to ATIVE OF THE UNITED STATES The ACTING PRESIDENT pro tem- print in the RECORD in a letter dated OF AMERICA TO THE UNITED pore. The Senator from is May 9, 2005. NATIONS recognized. There being no objection, the mate- Mrs. BOXER. Mr. President, I listen rial was ordered to be printed in the The ACTING PRESIDENT pro tem- to my distinguished chairman, and I RECORD, as follows: pore. Under the previous order, the wonder who he is actually talking Senate will resume executive session Updated May 9, 2005. about when he says there is so much Hon. RICHARD G. LUGAR, for the consideration of Calendar No. support for John Bolton. There has Senate Foreign Relations Committee, Dirksen 103, which the clerk will report. been an unprecedented outcry of Re- Senate Building, Washington, DC. The legislative clerk read the nomi- publicans and Democrats against this Hon. JOSEPH R. BIDEN, nation of John Robert Bolton, of Mary- nomination. Ranking Member, Senate Foreign Relations land, to be the Representative of the I ask unanimous consent to print in Committee, Dirksen Senate Office Building, Washington, DC. United States of America to the United ECORD the R the votes on U.S. ambas- DEAR SENATOR LUGAR AND SENATOR BIDEN: Nations. sadors at the United Nations since 1945. The ACTING PRESIDENT pro tem- We have noted with appreciation the moves There being no objection, the mate- of President Bush at the beginning of his sec- pore. Under the previous order, the rial was ordered to be printed in the ond term to improve U.S. relations with the time until 6 p.m. will be equally di- RECORD, as follows: countries of the European Union and of the vided between the chairman and rank- VOTES ON U.S. AMBASSADORS TO THE UN United Nations. Maintaining these ties and ing member of the Foreign Relations the willingness of those countries to cooper- Edward R. Stettinius, Jr. (1945–1946): Voice ate with the United States is essential to Committee, of which 1 hour will be re- Vote U.S. security. served under the control of the Senator Warren R. Austin (1947–1953): Unanimous It is for this reason that we write you to from Ohio, Mr. VOINOVICH, and with the Consent express our concern over the nomination of exceptions just noted by consent. Henry Cabot Lodge, Jr. (1953–1960): Unani- John R. Bolton to be permanent representa- mous Consent The Senator from Indiana. tive of the United States at the United Na- James J. Wadsworth (1960–1961): Unani- Mr. LUGAR. Mr. President, I will tions. We urge you to reject that nomina- mous Consent yield shortly to distinguished col- tion. Adlai E. Stevenson (1961–1965): Unanimous By virtue of service in the State Depart- leagues who have sought an oppor- Consent tunity to speak for the first time on Arthur J. Goldberg (1965–1968): Unanimous ment, USAID and Justice Departments, John the nomination of John Bolton. I had Consent Bolton has the professional background the privilege of addressing the Senate George W. Ball (1968–1968): Unanimous Con- needed for this position. But his past activi- yesterday for over 50 minutes in which sent ties and statements indicate conclusively that he is the wrong man for this position at I attempted to outline all of the best (1968–1969): Unani- mous Consent a time when the U.N. is entering a critically reasons for John Bolton’s confirma- important phase of modernization, seeking tion, which I hope will occur today. I Charles W. Yost (1969–1971): Unanimous Consent to promote economic development and demo- believe he will be an outstanding rep- George Bush (1971–1973): Unanimous Con- cratic reforms and searching for ways to resentative of our country, a very able sent cope better with proliferation crises and a diplomat to the United Nations. John A. Scali (1973–1975): Unanimous Con- spurt of natural disasters and internal con- During the course of my comments— sent flicts. now reflected, because they were deliv- Daniel P. Moynihan (1975–1976): Unanimous John Bolton has an exceptional record of opposition to efforts to enhance U.S. secu- ered yesterday, in the CONGRESSIONAL Consent William W. Scranton (1976–1977): Unani- rity through arms control. He led a cam- RECORD today—we attempted to go mous Consent paign against ratification of the Comprehen- through each of the case histories of Andrew J. Young (1977–1979) 89–3 : sive Nuclear Test Ban Treaty. Today, the ad- interviews completed by the Senate Donald F. McHenry (1979–1981) 83–0 : ministration is pressing for development of Foreign Relations Committee in re- Jeane J. Kirkpatrick (1981–1985) 81–0 : new types of nuclear weapons. John Bolton sponse to the questions or allegations Vernon A. Walters (1985–1989): Voice Vote blocked more extensive international agree- made about the nominee. Affirma- Thomas R. Pickering (1989–1992) 99–0 : ment to limit sales of small arms, the main tively, I have tried to point out the Edward Joseph Perkins (1992–1993): Unani- killer in internal wars. He led the fight to mous Consent continue U.S. refusal to participate in the tens of very able Americans who have Madeleine K. Albright (1993–1997): Unani- Ottawa Landmine Treaty. Today, the U.S. endorsed John Bolton, including a mous Consent has joined Russia and China in insisting on large number of former Secretaries of Bill Richardson 100–0 (1997–1998): the right to continue to deploy antipersonnel State, Defense, National Security Di- Richard Holbrooke (1999–2001) 81–16 : landmines. John Bolton crafted the U.S. rectors, and, most importantly, people John D. Negroponte (2001–2004): Voice Vote withdrawal from the joint efforts of 40 coun- who have worked with him at the John C. Danforth (2004–2005): Voice Vote tries to formulate a verification system for United Nations, at USAID. Mrs. BOXER. What this will show for the Biological Weapons Convention and I ask Members to reference the spe- the record is that starting in 1945, we blocked continuation of these efforts in a pe- riod of increasing concern over potential ter- cifics of my speech yesterday, if there have had voice votes and unanimous rorist use of these weapons and of terrorist are questions with regard to the work consent votes on almost all of these access to the stocks of countries covertly done by the able staff on both sides of nominees. There were few exceptions. producing these weapons. John Bolton’s un- the Senate Foreign Relations Com- got the post 89 to 2; substantiated claims that Cuba and Syria

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5947 are working on biological weapons further Ambassador (ret.) Harry G. Barnes, Jr., anced Force Reduction Talks, Vienna (Car- discredited the effect of U.S. warnings and Former U.S. ambassador to Romania, Chile, ter). U.S. intelligence on weapons of mass de- and India (Nixon, Ford, Reagan). Ambassador (ret.) Willard A. DePree, struction. Ambassador (ret.) Robert L. Barry, Former Former U.S. ambassador to Mozambique and John Bolton led the successful campaign U.S. ambassador to Bulgaria and Indonesia Bangladesh (Ford, Reagan, G.H.W. Bush). for U.S. withdrawal from the treaty limiting (Reagan, Clinton), Former Deputy Assistant Ambassador (ret.) Robert S. Dillon, missile defenses (ABM Treaty). The effects of Secretary of State for International Organi- Former U.S. ambassador to Lebanon this action included elimination of the sole zation Affairs (Carter), Former Deputy As- (Reagan), Former Deputy Commissioner treaty barrier to the weaponization of space. sistant Secretary of State for European Af- General of the UN Relief and Works Agency In the face of decades of votes in the U.N. fairs (Carter). for Palestine Refugees (UNRWA) (Reagan). General Assembly calling for negotiation of Ambassador Josiah H. Beeman, Former Ambassador (ret.) Donald B. Easum, a treaty to block deployment of weapons in U.S. ambassador to New Zealand and West- Former U.S. ambassador to Nigeria and space, he has blocked negotiation in the Ge- ern Samoa (Clinton). Upper Volta (Burkina Faso) (Nixon, Ford, neva Conference on Disarmament of a treaty Ambassador (ret.) Maurice M. Bernbaum, Carter), Former Assistant Secretary of State on this subject. The administration has re- Former U.S. ambassador to Ecuador and for African Affairs (Nixon, Ford). peatedly proposed programs calling for weap- Venezuela (Eisenhower, Johnson). Ambassador (ret.) William B. Edmondson, on deployment in space. Ambassador (ret.) Jack R. Binns, Former Former U.S. ambassador to South Africa As chief negotiator of the 2002 Moscow U.S. ambassador to Honduras (Carter, (Carter). Treaty on withdrawing U.S. and Russian nu- Reagan). Ambassador (ret.) Nancy H. Ely-Raphel, clear weapons from field deployment, John Ambassador (ret.) Richard J. Bloomfield, Former U.S. ambassador to Slovenia (Clin- Bolton structured a treaty without its own Former U.S. ambassador to Ecuador and ton). verification regime, without required Portugal (Ford, Carter, Reagan). Ambassador (ret.) James Bruce Engle, progress reports from both sides, without the Ambassador (ret.) Peter Bridges, Former Former U.S. ambassador to Dahomey (Nixon, requirement to destroy warheads withdrawn U.S. ambassador to Somalia (Reagan). Ford). from deployment, and without provision for Ambassador George Bruno, Former U.S. Ambassador (ret.) Richard K. Fox, Former negotiating continued reductions. Under his ambassador to Belize (Clinton). U.S. ambassador to Trinidad and Tobago guidance, the State Department repudiated Ambassador (ret.) Edward Brynn, Former (Carter). important consensus agreements reached in U.S. ambassador to Burkina Faso and Ghana Ambassador (ret.) Lincoln Gordon, Former the year 2000 Review Conference of the Non- (G.H.W. Bush, Clinton), Former Principal U.S. ambassador to Brazil (Kennedy, John- proliferation Treaty and has even blocked Deputy Assistant Secretary of State, Bureau son), Former Assistant Secretary of State the formulation of an agenda for the next re- of African Affairs (Clinton). for Inter-American Affairs (Johnson). Ambassador (ret.) Robert Grey, Jr., view conference to be held in May 2005. Ambassador George Bunn, Former member Under John Bolton as Under Secretary for of U.S. delegation to the Non-Proliferation Former U.S. representative to the Con- Arms Control and International Security, Treaty (NPT) negotiations (Johhson), ference on Disarmament, Geneva (Clinton). Ambassador (ret.) Holsey Gates Handyside, the State Department has continued to fail Former U.S. ambassador to the Geneva Dis- Former U.S. ambassador to Mauritania to resolve the impasse with Russia about the armament Conference (UN) (Johnson). Ambassador (ret.) A. , (Ford, Carter). legal liability of U.S. personnel working with Ambassador (ret.) William C. Harrop, Russia on the security of the huge arsenal of Former Deputy Assistant Secretary of State Former ambassador to Israel, Kenya, and nuclear, chemical and biological weapons of for the Near East and South Asia (Reagan), Zaire (Reagan, G.H.W. Bush, Clinton), the former Soviet Union and has failed to ac- Former Deputy Assistant Secretary of State Former Inspector General, U.S. Department celerate measures aimed at the safety and for Intelligence and Research (G.H.W. Bush), Former Ambassador and Coordinator for of State (Nixon). security of this huge arsenal from theft, ille- Ambassador (ret.) Samuel F. Hart, Former Counter-Terrorism, Department of State gal sale and terrorist access. U.S. ambassador to Ecuador (Reagan). John Bolton’s insistence that the U.N. is (G.H.W. Bush), Former Ambassador to Sri Ambassador (ret.) Arthur A. Hartman, valuable only when it directly serves the Lanka and the Maldives (Clinton), Former Former U.S. ambassador to France and the United States, and that the most effective Deputy Assistant Secretary of State for Per- Soviet Union (Carter, Reagan), Former As- Security Council would be one where the sonnel (Clinton), Former U.S. Deputy Per- sistant Secretary of State for European Af- U.S. is the only permanent member, will not manent Representative to the UN and Acting fairs (Nixon). help him to negotiate with representatives of Permanent Representative to the UN (Clin- Ambassador Ulric Haynes, Jr., Former U.S. the remaining 96 percent of humanity at a ton). ambassador to Algeria (Carter). time when the U.N. is actively considering Ambassador (ret.) Patricia M. Byrne, Ambassador Gerald B. Helman, Former enlargement of the Security Council and Former Deputy U.S. Permanent Representa- U.S. ambassador to the United Nations, Ge- steps to deal more effectively with failed tive to the UN Security Council (Reagan), neva (Carter). states and to enhance the U.N.’s peace- Former U.S. ambassador to Mali and Burma Ambassador (ret.) Robert T. Hennemeyer, keeping capability. (Carter, Reagan). Former U.S. ambassador to Gambia John Bolton’s work as a paid researcher Ambassador (ret.) James Cheek, Former (Reagan). for Taiwan, his idea that the U.S. should U.S. ambassador to Sudan and Argentina Ambassador (ret.) H. Kenneth Hill, Former treat Taiwan as a sovereign state, and that (G.H.W. Bush, Clinton). U.S. ambassador to Bulgaria (G.H.W. Bush). it is fantasy to believe that China might re- Ambassador (ret.) Paul M. Cleveland, Ambassador (ret.) John L. Hirsch, Former spond with armed force to the secession of Former U.S. ambassador to New Zealand and U.S. ambassador to Sierra Leone (Clinton). Taiwan do not attest to the balanced judg- Western Samoa and Malaysia (Reagan, Ambassador (ret.) Lewis Hoffacker, Former ment of a possible U.S. permanent represent- G.H.W. Bush), Former U.S. representative to U.S. ambassador to Cameroon and Equa- ative on the Security Council. China is the Korean Energy Development Organiza- torial Guinea (Nixon). emerging as a major world power and the tion (Clinton). Ambassador (ret.) H. Allen Holmes, Former Taiwan issue is becoming more acute. Ambassador (ret.) Carleton S. Coon, U.S. ambassador to Portugal (Reagan), At a time when the U.N. is struggling to Former U.S. ambassador to Nepal (Reagan). Former Assistant Secretary of State for Po- get an adequate grip on the genocidal killing Ambassador (ret.) Jane Coon, Former U.S. litical-Military Affairs (Reagan), Assistant in Darfur, Sudan, Mr. Bolton’s skepticism ambassador to Bangladesh (Reagan). Secretary of Defense for Special Operations about U.N. peacekeeping, about paying the Ambassador (ret.) James F. Creagan, and Low Intensity Conflict (Clinton). U.N. dues that fund peacekeeping, and his Former U.S. ambassador to Honduras (Clin- The Hon. Thomas L. Hughes, Former Di- leadership of the opposition to the Inter- ton), Former U.S. Consul General, Sao rector, Bureau of Intelligence and Research national Criminal Court, originally proposed Paulo, Brazil (G.H.W. Bush). (INR), Department of State (Kennedy, John- by the U.S. itself in order to prosecute Ambassador (ret.) T. Frank Crigler, son). human rights offenders, will all make it dif- Former U.S. ambassador to Rwanda and So- Ambassador (ret.) Dennis Jett, Former ficult for the U.S. to play an effective leader- malia (Ford, Reagan). U.S. ambassador to Mozambique and Peru ship role at a time when the U.N. itself and Ambassador (ret.) John H. Crimmins, (Clinton). many member states are moving to improve Former U.S. ambassador to the Dominican Ambassador James A. Joseph, Former U.S. U.N. capacity to deal with international Republic and Brazil (Johnson, Nixon, Ford). ambassador to South Africa (Clinton). problems. Ambassador (ret.) Richard T. Davies Ambassador (ret.) Philip M. Kaiser, Given these past actions and statements, (signed before he passed away on March 30, Former U.S. ambassador to Senegal, Mauri- John R. Bolton cannot be an effective pro- 2005), Former U.S. ambassador to Poland tania, Hungary, Austria (Kennedy, Carter). moter of the U.S. national interest at the (Nixon, Ford, Carter). Ambassador (ret.) Robert V. Keeley, U.N. We urge you to oppose his nomination. Ambassador (ret.) John Gunther Dean, Former U.S. Ambassador to Mauritius, Sincerely, Former Deputy for CORDS, Military Region Zimbabwe, and Greece (Ford; Carter, The Hon. Terrell E. Arnold, Former Dep- 1, (Nixon), Former U.S. ambassador Reagan), Former Deputy Assistant Secretary uty Director, Office of Counterterrorism, to Cambodia, Denmark, Lebanon, Thailand, of State for African Affairs (Carter). U.S. Department of State (Reagan), Former India (Nixon, Ford, Carter, Reagan). Spurgeon M. Keeny, Jr., Former Deputy U.S. Consul General, Sao Paulo, Brazil (Car- Ambassador (ret.) Jonathan Dean, Former Director, U.S. Arms Control and Disar- ter). U.S. representative to the Mutual and Bal- mament Agency (ACDA) (Carter).

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5948 CONGRESSIONAL RECORD — SENATE May 26, 2005 Ambassador (ret.) Andrew I. Killgore, Ambassador (ret.) Cynthia P. Schneider, and Cape Verde, Mozambique, Zaire, Estonia Former U.S. ambassador to Qatar (Carter). Former U.S. ambassador to The Netherlands (Ford, Reagan, Carter, Clinton), Former U.S. Ambassador Henry L. Kimelman, Former (Clinton). representative to the United Nations Eco- U.S. ambassador to Haiti (Carter). Ambassador (ret.) Talcott W. Seelye, nomic and Social Council (ECOSOC) (Carter). Ambassador (ret.) Roger Kirk, Former U.S. Former U.S. ambassador to Tunisia and Ambassador (ret.) Thomas G. Weston, ambassador to Somalia and Romania (Nixon, Syria (Nixon, Ford, Carter). Former Special Coordinator for Cyprus Ford, Reagan). The Hon. John Shattuck, Former Assistant (Clinton, G.W. Bush), Former Deputy Assist- Ambassador (ret.) Dennis H. Kux, Former Secretary of State for Democracy, Human ant Secretary of State for European and Ca- U.S. ambassador to Ivory Coast (Reagan). Rights and Labor (Clinton), Former Chair- nadian Affairs (Clinton). Ambassador (ret.) James F. Leonard, man, Secretary of State’s Advisory Com- Ambassador (ret.) Robert E. White, Former Former Deputy U.S. Permanent Representa- mittee on Religious Freedom Abroad (Clin- U.S. ambassador to Paraguay and El Sal- tive to the United Nations (Ford, Carter). ton) Former U.S. ambassador to the Czech vador (Carter), Former Deputy U.S. Perma- Ambassador (ret.) Samuel W. Lewis, Republic (Clinton). nent Representative to the of Former Assistant Secretary of State for Ambassador (ret.) Thomas W. Simons, Jr., American States (Ford). International Organization Affairs (Ford), Former Deputy Assistant Secretary of State Ambassador (ret.) James M. Wilson, Jr., Former Director of Policy Planning, State for European and Canadian Affairs (Reagan), Former Deputy Assistant Secretary of State, Department (Clinton), Former ambassador Former U.S. ambassador to Pakistan and Po- East Asia and Pacific Affairs (Nixon), Coor- to Israel (Carter, Reagan). land (G.H.W. Bush, Clinton). dinator for Human Rights and Humanitarian Ambassador (ret.) Princeton N. Lyman, Ambassador Richard Sklar, Former U.S. Affairs, Department of State (Ford). Ambassador (ret.) W. Howard Wriggins, Former Assistant Secretary of State for ambassador to the United Nations for Man- Former U.S. ambassador to Sri Lanka (Car- International Organization Affairs (Clinton), agement and Reform (Clinton). Director, Bureau of Refugee Programs, U.S. Ambassador Robert Solwin Smith, Former ter). Ambassador (ret.) Kenneth S. Yalowitz, Department of State (G.H.W. Bush), Former U.S. ambassador to Ivory Coast (Nixon, Former U.S. ambassador to Belarus and U.S. ambassador to South Africa and Nigeria Ford) Former Deputy and Acting Assistant (Reagan, G.H.W. Bush, Clinton). (Clinton). Secretary of State for Africa (Nixon) Former Mr. President, this is a letter going Ambassador (ret.) David L. Mack, Former Deputy Permanent Delegate to UNESCO U.S. ambassador to the United Arab Emir- (Truman, Eisenhower). to the Honorable RICHARD LUGAR, the ates (Reagan, G.H.W. Bush). Ambassador (ret.) Carl Spielvogel, Former Honorable JOSEPH BIDEN, our chair and Ambassador (ret.) Richard Cavins U.S. ambassador to the Slovak Republic ranking member. It is an unprece- Matheron, Former U.S. ambassador to Swa- (Clinton). dented letter: ziland (Carter, Reagan). Ambassador (ret.) Monteagle Stearns, We write to express our concern over the Ambassador (ret.) Charles E. Marthinsen, Former U.S. ambassador to Greece and Ivory nomination of John R. Bolton to be Perma- Former U.S. ambassador to Qatar (Carter, Coast (Ford, Carter, Reagan), Former Vice nent Representative of the U.S. at the Reagan). President, National Defense University (Car- Jack Mendelsohn, Deputy Assistant Direc- United Nations, and we urge you to reject ter). tor of the Strategic Programs Bureau, Arms that nomination. Ambassador (ret.) Andrew L. Steigman, Control and Disarmament Agency (ACDA) This is from 102 very distinguished Former Ambassador to Gabon, Sao Tome and (Reagan), Senior ACDA representative on Americans who have served their coun- Principe (Ford). U.S. START delegation (Reagan). Ambassador (ret.) Michael Sterner Former, try under both Republican and Demo- Ambassador Carol Moseley-Braun, Former U.S. ambassador to the United Arab Emir- cratic Presidents. I am going to read U.S. ambassador to New Zealand and Samoa ates (Nixon, Ford), Former Deputy Assistant off some of the names for the record: (Clinton). Ambassador (ret.) Ambler H. Moss Jr., Secretary of State for Near Eastern and The Honorable Terrell Arnold, who Former U.S. ambassador to Panama (Carter, South Asian Affairs (Carter). worked under Ronald Reagan and Ambassador (ret.) John Todd Stewart Reagan), Former Member, U.S.-Panama Con- ; Ambassador, retired, Former, U.S. ambassador to Moldova (Clin- sultative Committee (Carter, Reagan, Clin- Harry Barnes, who worked under ton). ton). Nixon, Ford, and Reagan; Ambassador Ambassador (ret.) Richard W. Teare, Ambassador (ret.) Leonardo Neher, Former Robert Barry, who served under U.S. ambassador to Burkina Faso (Reagan). Former U.S. ambassador to Papua New Guin- ea, Solomon Islands and Vanuatu (Clinton). Reagan, Clinton, and Carter; Ambas- Ambassador (ret.) David D. Newsom, sador Josiah Beeman, who served under Former U.S. ambassador to Libya, Indonesia, Ambassador (ret.) Harry E. T. Thayer, the Philippines (Johnson, Nixon, Carter), Former U.S. ambassador to Singapore (Car- Clinton; Ambassador Maurice Former Assistant Secretary of State for Af- ter, Reagan). Bernbaum, who served under Eisen- rican Affairs (Nixon), Former Undersecre- The Hon. Hans N. Tuch, Career Minister, hower and Johnson; Ambassador Jack tary of State for Political Affairs (Carter). U.S. Foreign Service, USIA. Binns, who served Carter and Reagan; Ambassador (ret.) Theresa A. Tull, Former, Ambassador (ret.) Donald R. Norland, Ambassador Richard Bloomfield, who Former U.S. ambassador to the Netherlands, U.S. ambassador to Guyana and Brunei (Reagan, G.H.W. Bush, Clinton). served under Ford, Carter, and Reagan; Botswana, Lesotho and Swaziland, and Chad Ambassador Peter Bridges, who served (Johnson, Ford, Carter). Ambassador William J. vanden Heuvel, Ambassador (ret.) David Passage, Former Former Deputy U.S. Permanent Representa- under Reagan; Ambassador George U.S. ambassador to Botswana (G.H.W. Bush). tive to the United Nations (Carter), Former Bruno, who served under ; Ambassador (ret.) Edward L. Peck, Former U.S. representative to the United Nations, Ambassador Edward Brynn, who served U.S. ambassador to Iraq and Mauritania Geneva (Carter). under George H.W. Bush and Bill Clin- (Carter, Reagan). Ambassador (ret.) Christopher van Hollen, ton. Ambassador (ret.) Jack R. Perry, Former Former Deputy Assistant Secretary of State I could go on and on, but I think U.S. ambassador to Bulgaria (Carter). for Near Eastern and South Asian Affairs (Nixon), Former U.S. ambassador to Sri placing this in the RECORD for my col- Ambassador (ret.) Christopher H. Phillips, leagues to see will undermine the com- Former Deputy U.S. Permanent Representa- Lanka (Nixon, Ford). tive to the U.N. (Nixon), Former U.S. ambas- Ambassador (ret.) Richard N. Viets, ments that are made about how much sador to Brunei (G.H.W. Bush). Former U.S. ambassador to Tanzania and support this particular nominee has. Ambassador (ret.) Sol Polansky, Former Jordan (Carter, Reagan). That is simply glossing over the U.S. ambassador to Bulgaria (Reagan, Ambassador (ret.) Frederick Vreeland, record. That is what is happening in G.H.W. Bush). Former U.S. ambassador to Morocco (G.H.W. this debate—glossing over the record Ambassador Stanley R. Resor, Former Sec- Bush), Former Deputy Assistant Secretary by my friends, who are saying: Oh, retary of the Army (Johnson, Nixon), of State for the Near East (G.H.W. Bush). Ambassador (ret.) Lannon Walker, Former what is the problem? So he is a bully, Former U.S. representative to the Mutual so he tries to fire people, so we have all and Balanced Force Reduction Talks, Vienna Principal Deputy Assistant Secretary of (Nixon, Ford, Carter). State for African Affairs (Carter, Reagan), these letters—and it goes on. Their ul- Ambassador Nicholas A. Rey, Former U.S. Former U.S. ambassador to Senegal, Nigeria, timate point is that he is just what we ambassador to Poland (Clinton). and Ivory Coast (Reagan, G.H.W Bush, Clin- need at the United Nations. John B. Rhinelander, Deputy Legal Ad- ton). I come out very differently. This is viser, U.S. Department of State (Nixon), Ambassador (ret.) Alexander F. Watson, just what we don’t need at the United Legal adviser to the U.S. Strategic Arms Former U.S. ambassador to Peru (Reagan) Nations. We have a credibility problem Limitation Delegation (SALT I) (Nixon). Former Deputy Permanent Representative in the world right now, and we need Ambassador (ret.) Stuart W. Rockwell, to the United Nations (G.H.W. Bush), Former Former U.S. ambassador to Morocco (Nixon). Assistant Secretary of State for Western someone to walk in there, such as John Ambassador James R. Sasser, Former U.S. Hemisphere Affairs (Clinton). Danforth walked in there, with credi- ambassador to the People’s Republic of Ambassador (ret.) Melissa F. Wells, bility. I don’t think we should be con- China (Clinton). Former U.S. ambassador to Guinea Bissau sidering the nomination today. I made

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5949 that clear when I put a hold on the Nations. didn’t have to if you do, you should not vote to pro- nomination. I lifted that hold because, be controlled. Mr. Negroponte didn’t ceed with this nomination at this time, clearly, colleagues believed they want- have to be controlled. Jean Kirk- just based on the fact that we have not ed to begin debate and, with due def- patrick didn’t have to be controlled. gotten the information. erence, I lifted the hold. didn’t have I think we are continuing to see the The fact is, we don’t have the infor- to be controlled. Bill Richardson didn’t arrogance of power from this adminis- mation we have requested from the have to be controlled. They knew what tration and a disregard for the checks State Department and from the admin- the policy of the United States of and balances. We don’t need a ruler in istration. You may think, well, maybe America was. They respected inde- the White House; we need a govern- there is so much information out there, pendent intelligence analysts. They ment. We don’t need someone who will what more could there be on John never tried to twist information to fit rule us; we need someone who will gov- Bolton? Well, I answer it this way. I their preconceived notions of what the ern with us. That is what this is have colleagues on both sides of the world should look like. That is why about—a lack of respect for members of aisle coming up to me and saying: Do this information is important. the committee. you have any more? Do you have a There are two other areas that we are Beyond that, as I said, we do have a smoking gun on John Bolton? What interested in, also, dealing with a lot of smoking guns on this nominee, else is out there? We heard what is out speech that Mr. Bolton prepared on and we do have the victims of his ac- there. Do you have a smoking gun? The Syria. Somehow we cannot get the tions. I will spend some time talking answer I give them is we not only have draft of that speech. We think that is about that. It will be repetitive be- found several smoking guns but several important. There is another area we cause each colleague has seen the in- bodies who were there to tell what hap- have asked for, which is that one of Mr. formation. You heard the very emo- pened to them. We found the victims. Bolton’s assistants who works with tional testimony of Senator VOINOVICH, They are out there. They were saved him has private clients, and we have who feels so strongly about this, and he only because there were folks who asked to see the list of those private has laid it out in his fashion. Senator served higher than John Bolton, who clients. We have not been able to get BIDEN has laid it out, as have others. I said to him: You are wrong, you are that either. So out of due respect for will lay it out in my fashion. people, you are twisting their the United States Senate and for each Politicizing intelligence. What does words, you are exerting politics in of us as Senators, we are not an arm of that mean? It means that you have a what should be clearly an independent the executive branch. We are a proud political agenda, you try to use intel- intelligence function. And because of independent branch of Government. It ligence by cherry-picking it or twisting that, John Bolton was saved from him- gets you back to the whole issue of it to make your point. It is dangerous. self. But we have the smoking guns and checks and balances. It is exceedingly dangerous. There was the victims, which we will talk about. We have every right to see this infor- a report in a British newspaper that But our colleagues want more informa- mation. If John Bolton can see these had documentation from someone in tion. intercepts, why can’t see the military in Britain who said, in Well, there are three big pieces of in- them, who is our ranking member on fact, that is what happened in Iraq. We formation out that we have not re- the Foreign Affairs Committee, and don’t know that right now because we ceived. One is of deepest concern to our someone whom everybody respects have not had that particular investiga- ranking member, JOE BIDEN, who has around here as being very cautious and tion. We only know that we made big done an excellent . Frankly, he and careful? And there is not one scintilla mistakes on the intelligence front. But his staff and all of our staffs have done of evidence that JOE BIDEN ever did we didn’t look at it saying: Did people an extraordinary job. One piece of in- something to undermine any adminis- in the office cherry-pick? Did they po- formation deals with Mr. Bolton’s in- tration’s foreign policy. He bends over liticize intelligence? We don’t know terest in finding out intelligence mat- backward the other way. So that is a the answer. That is what the British ters that were revealed on some inter- reason we should not be having this documents say. We don’t know that cepts. We think it is very important vote right now. We need to have more here. We were supposed to look at it, because we don’t know who was the time to work on the administration to and I hope we will because history de- target of Mr. Bolton’s interest in the 10 get this information—these intercepts, serves an answer and so do the families times when he requested to see these the speech, and the conflict of interest of our soldiers who are dead. intercepts. of the gentleman who now works for Politicizing intelligence is dangerous It is a very important matter be- Mr. Bolton, Matthew Friedman. Mr. for our country. And now we think cause, from what you can tell from the Friedman’s former clients, as best we about probably one of the first assign- information we have so far, Mr. Bolton can tell, included the Government of ments our U.N. ambassador may well had a very clear agenda in his work at Nigeria and also Fernando Marcos. We have, which is to convince the U.N. Se- the State Department. What that agen- don’t know who else is there. We would curity Council about the threats posed da appears to be, from what we know, like to put an end to the speculation by other nations, such as Iran and is hyping up the threat from various that someone is working in a top posi- North Korea. I don’t see Mr. Bolton countries. We already know what a tion for Mr. Bolton who has outside cli- having credibility, given his record of hyped-up threat can do. We have lost ents, which could pose conflicts of in- politicizing intelligence to be able to 1,600-plus of our beautiful soldiers in terest. convince other countries that there is Iraq because of a hyped-up threat. There was a report in the Washington a problem. Maybe Secretary Rice will There are more than 12,000 wounded. So Post that got our attention on the have to come over there. Maybe the when we are discussing John Bolton front page some weeks ago, which said President will have to speak to the and his proclivity to try to exaggerate Condi Rice gave a message to the top U.N. instead. Would it not be good to and twist intelligence information, this staff not to cooperate with the Con- have someone at the U.N. who had is not some theoretical dispute about gress. Immediately I wrote to her. I got credibility walking in, such as Senator whether he has an ideology, or what- a letter back from her assistant. I Danforth had? Would that not be im- ever. That is not the question. The wrote her a letter and she sent me back portant? Mr. Bolton won’t have the question is: Could his action have re- a letter from her assistant that said: credibility because he has a record of sulted in perhaps another conflict, or We are cooperating. That report was trying to remove intelligence analysts certainly more tension? The fact is, it false. We are going to turn over every- who disagreed with him, and he also at- could have—if he wasn’t stopped by the thing. tempted to exaggerate intelligence to higher ups. And now we hear that the I ask Senators on both sides: Don’t fit his views. higher ups are saying to Senators: you have pride in what you do? Don’t So this issue of using political pres- Don’t worry, we will control him at the you feel good about what you do? Don’t sure and the power of your position to U.N. you believe that being a Senator de- twist the arms of independent intel- Mr. President, I don’t want someone serves some respect? Don’t you believe ligence analysts is, I believe, the most to have to be controlled at the United you deserve to have information? Well, serious issue concerning John Bolton

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5950 CONGRESSIONAL RECORD — SENATE May 26, 2005 because we know this could lead to un- Mr. Bolton worked in the State De- didn’t matter—I am paraphrasing—I justified war, and we should not pro- partment. He reached way down to get shrugged it off, just got it off my chest. mote someone who has a history of ex- Mr. Westermann fired. But then he Yet he sought to remove Christian aggerating threats, or at least trying goes to a completely different agency, Westermann for disagreeing with him to exaggerate threats that are not sup- over which he does not even have any over intelligence in Cuba. Not once and ported by intelligence. influence—or should not have—and he shrug it off, not twice and shrug it off, When you hear me make this com- tried to ruin the career of an analyst but the record shows three times over ment, you might say: Well, Senator he had never even met. a 5-month period he went after Mr. BOXER, you are a strong Democrat. It is one thing to challenge intel- Westermann. Who else supports this view that politi- ligence analysts to say: You know, my This is confirmed by Carl Ford, the cizing intelligence is what John Bolton information is thus and so, and you former Assistant Secretary for the did? How about the former Assistant don’t seem to reflect it in your think- INR—that is the State Department in- Secretary of State for Intelligence and ing. Let’s talk about it. That is fine. telligence division—Thomas Fingar, Research, Carl Ford, who testified that We do that all the time in debate. I former Deputy Assistant Secretary for Bolton’s berating of analyst Christian know when I am preparing for a talk INR; and Fred Fleitz, Chief of Staff to Westermann had a ‘‘chilling effect’’— such as this on the floor of the Senate, John Bolton; Neil Silver, an INR office his words—a chilling effect within that I will have my staff come in and say: I manager; and Larry Wilkerson, former agency and that analysts in INR—that don’t see it that way. Why do you see Chief of Staff to Colin Powell. is the intelligence research arm of the it that way? And you try to figure out Bolton said to the committee: No, it State Department—were very nega- what is the right thing to say, the was nothing, it was no biggie, I got it tively affected by the incident. So we right thing to do, and the thing on off my chest, I shrugged it off, I did not have John Bolton trying to get rid of which you will not be challenged. But do anything. Carl Ford, Thomas Christian Westermann, by everyone’s Mr. Bolton threatens retribution when Fingar, Fred Fleitz, Neil Silver, and account a very honorable, bright intel- the intelligence does not conform to Larry Wilkerson—most of those people ligence officer doing his work, and it his views. That is a disaster to promote from the Bush administration—said: negatively affected, according to Carl No, he tried to remove Mr. Westermann Ford—by the way, Carl Ford describes someone such as that. Robert Hutchings, former chairman three times over a 5-month period. And himself as a conservative Republican. Mr. Bolton sought to remove Mr. What did he say? He said his hero is of the National Intelligence Council, describes the risk of politicizing intel- Smith over at the CIA, over whom Mr. . Here we have a self-de- Bolton had no authority whatsoever. scribed conservative Republican, and ligence this way: We know that Bolton and his staff dis- his hero is DICK CHENEY. He says John I think every judgment ought to be chal- cussed the removal of this person over Bolton had a chilling effect within the lenged and questioned. But . . . when it goes several months, and Bolton personally intelligence agency, and John Bolton beyond that to a search for a pretty clearly defined preformed set of judgments, then it went out to CIA headquarters to seek negatively affected that whole oper- turns into politicization. And . . . even when Mr. Smith’s removal. ation there. it is successfully resisted . . . it creates a cli- Let me say that again. We have ret- Mr. Ford said further the only rea- mate of and a culture of con- ribution against independent intel- son, at the end of the day, that polit- formity that is damaging . . . ligence analysts, three times in 5 ical pressure did not work on Mr. What does he mean by that? This is a months against Westermann, and Mr. Westermann was because, thankfully, man who is an expert in intelligence. he said, the analyst was strong enough Bolton went all the way out to the CIA Conformity is dangerous because it to get rid of Mr. Smith. Who confirms to say no to Bolton. means there is no discussion, no debate I want to say on the floor of the Sen- this? John McLaughlin, Deputy Direc- about what the truth is, where we are ate to Mr. Westermann I have never tor of the CIA, Stu Cohen, former act- going. We need to have diverse voices. met him, I do not know him, I do not ing chairman of the National Intel- But at the end of the day, people have know his politics—I want to say to ligence Council, and Alan Foley, Direc- to understand that when they are him: Thank you for the courage that tor of the CIA Weapons Intelligence speaking for the United States of you displayed in the face of a bully in Nonproliferation and Arms Control. America, they must speak the truth, as such a high-level position. We have not only the smoking gun, By the way, one of the things Sen- we know it at the time, based on the but the two victims. Now we have an- information we know. ator DODD did, and I thought he did it other person. Bolton also wrongly ac- brilliantly, was to point out that First, we have politicizing intel- cused Rexon Ryu—a highly regarded Bolton reached down, way down to Mr. ligence, which is a disaster. Then we midlevel State Department officer—of Westermann. That was not someone he have a pattern of retribution against withholding a document from him. worked with, that was a peer. He lower level employees, which I believe Eight months after the incident, reached down to this individual who leads to paralysis in the . Bolton denied Ryu a significant new had never, in his whole career, had a When you have a circumstance where assignment working on the G8 summit. negative thing said about him, and Colin Powell had to come over to talk This is confirmed by John Wolf, former tried to twist his arm to get the intel- to these intelligence analysts and tell Assistant Secretary of State for Non- ligence he wanted, and when he could them, Don’t worry, we are with you, proliferation. not do it, tried to get him fired. That keep doing your job, do not be intimi- Of all the people you want to pro- is just the first one. So we have the dated, that is an extraordinary cir- mote, it would not be somebody who smoking gun with the testimony of cumstance, and that is what happened people in his own party say tried to po- Carl Ford, and then we have the vic- in the case of Mr. Bolton. He had so liticize intelligence, tried to dish out tim, Mr. Westermann. harmed the morale of the intelligence retribution on independent intelligence Mr. Bolton did not stop there. We agents, as Mr. Ford, a conservative Re- analysts and because someone did not refer to this gentleman as Mr. Smith publican testified, that Colin Powell give him a piece of paper, he denied because he is in the CIA. He is the na- had to take time out to go over and him a very important new assignment. tional intelligence officer for Latin speak to these analysts. Then, in 1994, we have a bizarre re- America. Bolton attempted to have This is not a question of partisan pol- port of Bolton allegedly chasing a him removed from his position because itics. This nominee has as many Re- woman through a hotel lobby in Mos- he disagreed with the views that publicans opposed to him as he does cow, pounding on her door, falsely tell- Bolton expressed about Cuba in a Democrats, and maybe even more. ing her colleagues she was under crimi- speech saying that the views Mr. So we have the politicizing of intel- nal investigation. How do we know Bolton wanted to express in his speech ligence which is very dangerous for our that? There is a contemporaneous ac- did not reflect the intelligence commu- people, and we have retribution against count provided by a colleague of this nity’s assessment. This incident shows lower level employees. When Mr. woman who said, yes, she called him how far Mr. Bolton would go to pres- Bolton was asked about this, he during that whole time and told him sure the intelligence community. brushed it off: Oh, I didn’t really, everything that happened.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5951 In addition to these examples, we . . . But the fact is he stands out, that he’s forms and searching for ways to cope better have learned that Mr. Bolton tried to got a bigger kick and it gets bigger and with proliferation crises and spurt of natural have a State Department lawyer re- stronger the further down the bureaucracy disasters and internal conflicts. moved from a case involving sanctions he is kicking. I talked about how unprecedented and tried to have two unnamed State And here is a quote from Lawrence this opposition is to such a post. Since Department officers removed over pol- Wilkerson, the former Chief of Staff to 1945, the Senate has confirmed 24 nomi- icy differences. Secretary of State Colin Powell, who, nees to serve as U.N. ambassador. Of So there is a clear pattern of politi- as we all know, was the Secretary of these 24, only 2 received any opposition cizing intelligence, which is dangerous State in George Bush’s first term. This and nothing of the level of opposition for this country, and seeking retribu- is really unprecedented, to get these we see to John Bolton. The people who tion against lower level employees. kinds of quotes from people who served received some opposing views were An- You know what I find very significant under Republican administrations drew Young and Richard Holbrooke. is that the reason John Bolton failed in about the Republican nomination. That was about pretty much it on the every one of his efforts, no matter how My objections to . . . him being our Am- list as I saw it. hard he tried—and we have the records, bassador at the U.N. stems from two basic Let me see if there is anybody else. he tried—is because another official things. One, I think he is a lousy leader. And That is it. All the rest, unanimous stepped in to stop John Bolton from his there are 100 to 150 people up there that have consent or everybody voted for them. to be led . . . Second, I differ from a lot of Unprecedented, polarizing, divisive, abusive behavior. One time it was As- people in Washington both friend and foe of sistant Secretary Ford who prevented and partisan appointment. Under Secretary Bolton as to his quote ‘bril- Now, there is a fourth reason I oppose the retribution from taking place, liance’ unquote. I didn’t see it. I saw a man again, a conservative Republican. In who counted beans . . . and had no willing- this nomination, and I hope my col- another instance, the Deputy Director ness—and, in many cases no capacity—to un- leagues will consider this. John Bolton of the CIA John McLaughlin, under derstand the other things that were hap- holds views on the U.N. and inter- this President George Bush, had to step pening around those beans. And that’s a rec- national law that shatter his credi- in when an analyst’s job was threat- ipe for problems at the United Nations. bility in the world. You want to send ened. Even Secretary Armitage, who This is Elizabeth Jones, former As- someone over there who doesn’t have was the Assistant Secretary to Colin sistant Secretary for European and to be babysat by Condoleezza Rice. You Powell, was forced to intervene to pre- Eurasian Foreign Affairs: don’t want to send someone over there vent Bolton from removing a State De- I don’t know if he’s incapable of negotia- who doesn’t tell the truth. You want to partment lawyer from a particular tion but he’s unwilling. send someone over there you do trust case. And here we want someone at the and who comes to the job with credi- Who is going to prevent Mr. Bolton U.N. to reform the U.N., to straighten bility. from handing out this type of retribu- out the U.N., to change it for the bet- I ask you this, my colleagues: Mr. tion when he is in managing ter, and you are sending someone who Bolton in a speech—and I have seen the 150 Americans? Secretary Rice has told is shown, as she says, as being unwill- actual film—said: Senator VOINOVICH that Mr. Bolton ing to negotiate and maybe even in- There is no United Nations. would be closely supervised as U.N. capable of it. ‘‘There is no United Nations.’’ We are Ambassador. How embarrassing is John Wolf, former Assistant Sec- going to send someone to the United that? How embarrassing is that, a U.N. retary of State for Nonproliferation, Nations who says there is no United Ambassador who has to be closely su- October 2001 to July 2004—so this is Nations. He also said: pervised by the Secretary of State. She very recent—says: If the U.N. Secretariate building in New is going to make sure he does not step I believe it would be fair to say that some York lost 10 floors, it wouldn’t make a bit of out of line. She has other things to do. of the officers within my bureau complained difference I want to quote Senator VOINOVICH in that they felt undue pressure to conform to Now, what kind of credibility does he the Foreign Relations Committee when the views of Under Secretary Bolton versus have walking onto the floor of the— he said: the views they thought they could support. even if he is babysat by Condi Rice, Why in the world would you want to send John McLaughlin, former Deputy Di- who says she is going to watch over someone to the U.N. that has to be super- rector of the CIA for a while. He was him—what kind of credibility does this vised? Acting Director before they put Mr. man have? He has this record of politi- We have a circumstance here, and I Goss in place. cizing intelligence. He has this record want to say to Senator VOINOVICH what It is perfectly all right for a policy maker of retribution. He has the most unprec- courage he has to step out on this and to express disagreement with an NIO or an edented opposition of anyone. what credibility he has. I have watched analyst, and it’s perfectly all right for them I see the Senator from Connecticut Senator VOINOVICH, and I never remem- to challenge such an individual vigorously, has come, and I thank him, Senator challenge their work vigorously. But I think ber him speaking out against a Presi- DODD, for working so hard on this. It is it’s different to then request because of the dential appointee ever. This is a mo- disagreement that the person be transferred not easy. Senator DODD rarely steps mentous and difficult thing to do for . . . Therefore [I] had a strong negative reac- out like this on a Presidential appoint- Senator VOINOVICH. But this leads me tion to the suggestion about moving him. ment. It is extraordinary. And when we to my third reason to oppose the And he was talking about Mr. Smith, look at the votes of all the U.N. ambas- Bolton nomination—not only politi- the intelligence analyst who Mr. sadors since 1945, only twice did we cizing intelligence, not only seeking Bolton tried to get removed from his even have anybody get a few ‘‘no’’ retribution, but unprecedented opposi- portfolio. I have told you about the let- votes. It is unprecedented. It is unprec- tion from both parties. I put into the ters the committee has received. The edented. And there are all these rea- RECORD already a list of 102 former am- committee never asked for these let- sons for it. bassadors who oppose this nominee, ters. A letter with more than 100 If you really want to reform the U.N., most of whom worked in the Reagan former diplomats who oppose the nomi- which we all do, we should not be send- administration, some in the Ford ad- nation. In the letter that I put in—I ing John Bolton. He simply does not ministration, the Carter administra- didn’t read the letter to you. I will just have the credibility to do it. He doesn’t tion, the George H.W. Bush administra- read it now in part. This letter is have the credibility to convince waver- tion. But let’s hear what some of the signed by people who served the Nixon, ing countries to be on our side. He has Republicans have said about Mr. Ford, Reagan, and George H.W. Bush been inaccurately compared to Jeane Bolton. Here are the comments of Carl administrations. Kirkpatrick. If you look at some of the Ford, self-described conservative Re- U.N. ambassador’s, former U.N. Ambas- [John Bolton’s] past activities and state- publican, former Assistant Secretary of ments indicate conclusively that he is the sador Jeane Kirkpatrick’s comments, State for their Intelligence Division wrong man for this position at a time when she talked about the following. She within State: the U.N. is entering a critically important said: He is a quintessential kiss up, kick down phase of modernization, seeking to promote U.N. votes matter because they affect sort of guy. There are a lot of them around economic development and democratic re- widely held views about perceptions of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5952 CONGRESSIONAL RECORD — SENATE May 26, 2005 power, about effectiveness, and about legit- The PRESIDING OFFICER. The Is John Bolton the person who we imacy. clerk will call the roll. think can establish those personal rela- What did John Bolton say. He said: The assistant legislative clerk pro- tionships within the United Nations? Many Republicans in Congress and perhaps ceeded to call the roll. The relationships that we will need in the majority not only don’t care about los- Mrs. BOXER. Mr. President, I ask order to get Europe to help us with ing a General Assembly vote, but they actu- unanimous consent that the order for Iran, and in order to get help with ally see it as a make my day outcome. the quorum call be rescinded. North Korea. I think that answer is How does this bring John Bolton The PRESIDING OFFICER. Without clearly no. credibility? objection, it is so ordered. The stakes are high. That is why I I wish to take a moment to just ask Mrs. BOXER. I ask would ask the speak with passion. That is why I have my friend from Connecticut if he is time in the quorum be divided equally spoken with passion as a member of prepared to speak at this time because between both sides. the Senate Foreign Relations Com- if so, I would wind down. The PRESIDING OFFICER. The Mr. DODD. Mr. President, I say to mittee. Chair would note that has been re- But there is more. The ‘‘more’’ is the distinguished Senator from Cali- quested. It is so ordered. simple. Should John Bolton be pro- fornia, I came over to hear my col- Mr. NELSON of Florida. Mr. Presi- league’s remarks. I appreciate her moted based on his performance in his dent, I rise to speak on the nomination existing job as arms control nego- courtesy. of John Bolton. The question for me is, Mrs. BOXER. I thank the Senator. tiator? Should he be promoted? I think I have how many minutes remaining? in a position of exceptional importance the answer is clearly no because John The PRESIDING OFFICER. The Sen- to the United States and our Govern- Bolton has not done a good job. Look ator from California has 3 minutes re- ment, that of representative to the at those two nations I just mentioned, maining. world body—the United Nations, is North Korea and Iran. Have we gotten Mrs. BOXER. I ask unanimous con- John Bolton the kind of person who anywhere in our arms control negotia- sent to have an additional 5 minutes. I can best represent the interests of the tions with regard to those two coun- will close down in 3 minutes. United States? Is John Bolton the kind tries in the last 4 years when he was So we have reason after reason after of personality who can negotiate and Under Secretary for Arms Control? The reason here. Senator VOINOVICH laid talk and establish personal relation- answer to that is no. out the record. He read from the ships with the representatives of the Why should we be promoting an indi- record. I am going to close with some- other nations of the world as we try to vidual who has not done his job well thing I hope every single Member of carry forward the agenda of the United into a position of even higher visi- this Senate will listen to. John Bolton States? To those two questions, the an- bility—I will not say of greater impor- did not tell the truth to the com- swer is clearly no. tance—of higher visibility as a rep- mittee. I am going to repeat that. John There are examples of former rep- resentative of our country? It is clear Bolton did not tell the truth to the resentatives to the United Nations, to me that we should not. Foreign Relations Committee. He said nominated by Republican Presidents— If we didn’t have this deal here about he shrugged off the issue. He shrugged such as Ambassador Negroponte, such supporting the President’s nomina- off the issue with these people he tried as a former Senator and former Ambas- tions, do you think if Senators on that to fire. He said he just dropped by the sador John Danforth—who embody the side of the aisle voted their conscience, CIA on his way home from work. He type of person you would want rep- they would support this nomination? I said he didn’t try to dish out retribu- resenting our country before the think the answer is clearly no. Senator tion or try to fire anybody at all. He United Nations. VOINOVICH has had the courage to stand said a lot of things that weren’t true to This position is particularly critical up and call it as he sees it. I do not our committee. And that is very seri- to our country at this time because know Mr. Bolton, but I have observed ous. He wasn’t truthful with us. He two of the greatest threats to the in- him and I have observed his demeanor didn’t give us honest accounts. He terests of the United States are North and I have looked at his record. I think didn’t tell us the truth about how he Korea and Iran, and their pursuit of nu- his record is one that does not suggest tried on many occasions to fire these clear weapons. analysts. And if nothing else I have we elevate him to this position of ex- Clearly we have an interest in pre- treme prominence in the representa- said matters about the retribution, venting both countries from possessing about the twisting of arms to get intel- tion of the interests of the United the bomb, even though it looks as States before the United Nations, par- ligence to build up a phony case though North Korea already does. We against other countries, if the fact that ticularly at this delicate time when we ought to be making sure that at the need our best representative at the he said there was no United Nations end of the day North Korea does not doesn’t move you, or if that 10 stories United Nations. I think at the end of have weapons of mass destruction that were gone it wouldn’t matter, if you the day it is clear he should not be our they can proliferate all over the world, don’t care anything about that, I think representative at the United Nations. particularly into the hands of terror- you ought to care about telling the Therefore, I am going to vote no on the ists. truth before a committee of the Sen- nomination of John Bolton. The same with Iran. There is no evi- ate. And we have had chapter and I yield the floor. dence that Iran has a bomb now, but verse. We have it cold here. Mr. ENSIGN. Mr. President, I ask For all those reasons, I hope we will clearly the evidence is there that Iran unanimous consent that the time since not vote for John Bolton. And if we do is trying to achieve that. We need a Senator NELSON of Florida yielded the not get the information Senators BIDEN representative in the United Nations floor be charged against Republican- and DODD are pushing so hard for, we who can help us work with other na- controlled time. should delay this until we see that in- tions, particularly European nations, The PRESIDING OFFICER. Without formation because it is a matter of with regard to Iran. Also, we must objection, it is so ordered. right and wrong. It is right for us to focus on the nations in the region of Mr. ENSIGN. Mr. President, I rise in get that information. It is wrong for North Korea, so, at the end of the day support of the nomination of John the administration to withhold it. We these two countries do not have nu- Bolton to be U.S. ambassador to the are a separate but equal branch with clear weapons. This is in the clear in- United Nations. The President has the White House. terests not only of the United States, made an inspired choice. I thank my colleagues. I know this but it is in the clear interests of the Mr. Bolton has the necessary experi- was a long statement, but this is a very world. Otherwise, you raise the possi- ence, the knowledge of the U.N. system important issue. And it is not just one bility of nuclear weapons or nuclear and the confidence of the President to reason against John Bolton; there are materials getting into the hands of ter- be a successful advocate of U.S. policy about six. I hope I have laid them out. rorists. And once that happens, Katie at the United Nations. I thank you very much, Mr. Presi- bar the door, we would have a whole As Undersecretary of State for Arms dent. I yield the floor and note the ab- new and extreme threat to the inter- Control and International Security, sence of a quorum. ests of the civilized world. Mr. Bolton has taken a tough line

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5953 against the tyrants and the despots ment by two senior U.N. officials, the it will not work for our country at the who wish to harm us. High Commissioner for Refugees and U.N. He has stood up to Iran and North the United Nation’s top oversight offi- I yield the floor. Korea, refusing to appease their nu- cial. The PRESIDING OFFICER. The Sen- clear ambitions. This list of current scandals does not ator from Oklahoma. Mr. Bolton is candid about his dis- even begin to touch on broader issues Mr. INHOFE. Mr. President, I say to dain for rogue regimes. He’s not going such as the proper role of the United my friend, the junior Senator from Ne- to be dancing with Kim Jong Il—he Nations and the need for fiscal respon- vada, he is right on target as he always called him a tyrannical dictator. That sibility and austerity. There has been a is. The Senator is right: The policy of is fine with me. He has also been can- 42 percent increase in the U.N. regular appeasement is what we have been did about the weaknesses of the United budget over the past 10 years. The watching for a long time. I have often Nations. That is fine with me too. United Nations is supposed to have a said an appeaser is a guy who feeds his The United States has sent forceful, zero nominal growth budget. friends to the alligators hoping they blunt-speaking ambassadors to the Those funds support programs with eat him last. United Nations before like Jeane Kirk- questionable value. We are all pain- Hiram Mann said: patrick and Daniel Patrick Moynihan, fully aware that the United Nations No man survives when freedom fails, and the United States has been better has a Commission on Human Rights The best men rot in filthy jails, for it. And those who cry appease, appease which includes notorious human rights Are hanged by those they tried to please. Senator Moynihan called the U.N. ‘‘a abusers such as Sudan, China, Cuba, John Bolton is not that appeaser. I dangerous place’’ for American inter- Saudi Arabia, and Zimbabwe. ests. The United Nations is imploding am so much in support of this man. I have been listening to the criticisms, That is why it is necessary to send under the weight of its own scandals. and I cannot figure who they are talk- Mr. Bolton to the U.N.—to make sure And these scandals are helping to ing about. My feelings about John that American interests are advanced. unveil the cronyism that is corroding He is outspoken, but he also is a Bolton can be summed up by the the U.N. system. The U.N. is in des- skilled diplomat, who knows how to former Governor of Massachusetts, perate need of reform—and in desperate work with friends and allies, and has a William Weld. He is not someone I very need of a reformer like John Bolton. proven track record of success in build- often quote, very often agree with, but Perhaps most importantly, John ing coalitions to support vital objec- William Weld said: Bolton is a strong believer in sov- tives. He’s strong medicine, all right, but some- It was John Bolton who led the effort ereignty. times strong medicine is needed, such as it is to create the Proliferation Security The principle of state sovereignty is at the United Nations today. Initiative—a multinational coalition of what undergirds the entire inter- I think he is actually very correct in nations, working together in unprece- national system. that. My colleagues know I have many Yet today we see respect for state dented ways to stop the transport of concerns about the United Nations and sovereignty eroding all around us. We dangerous weapons and materials at about Kofi Annan. I have been quite see it in the International Criminal sea, on land and in the air. Some 60 na- outspoken and a critic of his and the Court’s claim of authority to try the tions are now supporting this effort. United Nations in general. It seems When he was Assistant Secretary of citizens of countries that have not con- every day we hear new reasons to ex- International Organization Affairs, sented to ICC jurisdiction. We see it in press outrage about the performance of with the United Nations as part of his the U.N. false claim to have sole au- the United Nations. portfolio, he was the one responsible thority to permit the use of force. There are clearly abundant problems for the repeal of the odious 1975 ‘‘Zion- These trends are dangerous, not only in the United Nations, particularly re- ism is Racism’’ resolution that was because the erosion of sovereignty is a lated to the Iraqi Oil for Food Pro- passed in the United Nations. threat to freedom, but because the ero- gram. We are not talking about thou- At a time when the United Nations sion of respect for state sovereignty ab- sands of dollars; we are talking about continues to be plagued by scandal and solves states of their sovereign respon- millions of dollars. We are talking mismanagement, the United States sibilities to deal with problems within about dollars with ties to the actual needs a strong presence to reform that their borders. family of Kofi Annan. body. It gives states an excuse to punt Do not get me wrong, the United Na- Just look at the scandals the UN is problems to supra-national bodies, like tions should be a tremendous force for facing on oil-for-food, sexual , the UN and the ICC, instead of taking good in the world by providing a place theft, and sexual : responsibility for problems that origi- for countries to cooperate and pursue We now know that Saddam Hussein, nate within their border from poor na- and achieve the original missions of corrupt U.N. officials, and corrupt well- tional governance. In the war on ter- the U.N. founders: to promote freedom, connected countries were the real bene- ror, every state needs to meet its sov- peace, respect for human rights. factors of the Oil-for-Food Program. ereign responsibilities. As sovereignty Unfortunately, it has been a disaster. They skimmed their illegal gain from has eroded, terrorists have taken ad- I have grave concerns about the means illegal oil shipments, financial trans- vantage of these trends. John Bolton that have been employed, reportedly, actions, kickbacks, and surcharges and has the fortitude to stand up for what to achieve those ends. allowed Saddam Hussein to build up his is right, fight the good fight, and pre- The U.N. peacekeeping missions have armed forces and live in the lap of lux- vail. been questionable. In addition, these ury while his people starved. Secretary Rice called John Bolton a operations rely heavily on the use of There have been allegations of sexual tough-minded diplomat. That’s exactly U.S. troops and funding in a way that abuse in peacekeeping operations by what the U.S. needs at the U.N.—-and threatens our military readiness and U.N. personnel going back at least ten exactly what the U.N. needs from the unfairly taxes our resources. years, most recently in the Congo U.S. Other serious concerns are questions where 150 allegations of rape, Let me conclude by reinforcing why about the focus of the United Nations pedophilia, and prostitution are being this body should support John Bolton’s on its inefficient structure and massive investigated. nomination. The U.S. does not need a bureaucracy which wastes American The theft of $3.8 million by an em- U.N. representative for the world. We taxpayer dollars. This is significant be- ployee of the World Meteorological Or- need a U.S. representative to the cause the United Nations operates by ganization led to the revelation that world. We need someone who has the collection of assessments and dues. Mohammed Hassan apparently cashed interests of our country first and fore- Each member of the United Nations is an undetermined number of checks for most in his mind as he represents us at required to pay a certain percentage of his own enrichment, but his colleagues the U.N. the organization’s budget based on chose not to speak out. There are many anti-U.S. forces at their size and based on their ability to There was a recent whitewash by the the U.N. Appeasement has never pay. I never quite understood the for- Secretary General of sexual harass- worked in dealing with aggressors. And mula.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5954 CONGRESSIONAL RECORD — SENATE May 26, 2005 Since January of 2001, the United The other day I was in the Congo and say a few words about that now. The States was assessed 22 percent of the I saw a fleet of cars, about 400 cars. I various political ploys used to hold up regular budget of the United Nations asked what they were. They had the Mr. Bolton’s nomination were frus- even though all nations, regardless of U.N. symbol. They were cars that were trating and ridiculous, and were based size, get the same vote in the General going to take the peacekeeping people on nothing more than personal dislike, Assembly. This leads to the situation to remote areas of Africa. attacks on this administration’s pol- where the United States is forced to I suggest for the reading of anyone icy, and a misguided and irresponsible both subsidize the United Nations and who is interested in that part of the vision for the United Nations. go along with many of the decisions country, ‘‘King Leopold’s Ghost.’’ It Now, I have heard criticism that that are against our national interests. tells what has happened in that coun- John Bolton should not be confirmed As Americans, we should have no try. I cannot help but believe that because he has opposed the U.N. activi- problem leading the way on the global many of these U.N. peacekeepers are ties and he has said negative things stage on issues of peace, human dig- continuing to abuse these people, as we about the United Nations. That is all nity, and liberty, but the U.N.’s action have seen in the past. the more reason we should confirm him in recent years has made it clear that I have spoken many times on this in this position. I often think how they the organization has lost its moorings. floor about the redundant and counter- say: Well, he doesn’t like the United Unless things change for the better, we productive bureaucracy that has been Nations. Why should we send him as will want to reevaluate our support. built up, layer upon layer, providing our representative? That is exactly the In addition to financial matters, cushy with no accountability and kind of person who needs to be there to there are several other areas in which little, if any, transparency. And I have effect some changes. It is like saying, the U.N. has shown itself to be badly in also noted in the past the exorbitant if you have a prison, that you need to need of reform. I mentioned the oil-for- cost of the renovation of the U.N. head- have a convict running the prison. No, food scandal. We know about that. quarters, for which American tax- you do not. You need to have somebody That has received a lot of attention— payers are again footing the bill, we who is wanting to come up with some not enough but a lot of attention. think. These issues, and others like reforms. So we need somebody who will One of the elements of the oil-for- them, remain unresolved and will con- reform the mess that is up there. food scandal has not gotten as much tinue to undermine the U.N.’s legit- There are a lot of us who have said attention, and that is what Saddam imacy around the world. for a long period of time that we ought Hussein’s regime was doing with the There are so many things we hear to just get out, just give up, that the money they got by skimming from oil about over and over again, about the United Nations is not looking after our contracts negotiated under the pro- abuse of power of these peacekeepers best interests. I think with John gram. As we learned from Charles going in, but I would like to share with Bolton there that will change. He has a Duelfer’s Iraqi Survey Group report: you a personal experience. About 3 proven record of success. He will do a The ISG has been investigating Iraq’s pro- weeks ago, I was in Uganda, and in curement process, sources of finance, the in- great job. It is broke. He can fix it. We volvement of foreign firms, and the specific northern Uganda, on the southern need to confirm his nomination. types of goods that were sought, Iraq utilized Sudan border, there is a terrorist group Mr. President, I yield the floor. a complex and well developed procurement there that has been operating for 30 The PRESIDING OFFICER. The Sen- system hidden by an effective denial and de- years, with the same individual. They ator from New Hampshire. ception strategy. By the late 1990s, Iraq, in will go in and raid these camps, take Mr. GREGG. Mr. President, I wish to contravention of U.N. sanctions, pursued the these kids out—I am talking about 12- join my colleague from Oklahoma and procurement of military goods and technical year-old kids—and arm them with other colleagues who have risen today expertise for military capabilities ...... Money also was obtained from kick- guns, teach them to fight, and then to support the nomination of John back payments made on contracts set up send them back home to murder their Bolton to be our U.N. ambassador. through the U.N.’s Oil for Food Program. parents. And if they don’t do it, they The United Nations is a unique insti- Iraq derived several billion dollars between cut their hands off. tution, obviously. It is an institution 1999 and 2003 from oil smuggling and kick- Now, this is going on today. I saw it. which has gone through its good times backs. One senior regime official estimated I was there. Where is the United Na- and some bad times. Many of us, on our Iraq earned $4 billion from illicit oil sales tions? They are not there. They are not side of the aisle especially, have been from 1999 to 2002. By levying a surcharge on critical of the United Nations over the Oil for Food contracts, Iraq earned billions doing anything. I often wonder what more during the same period. they are doing. But something has to years for different activities, whether . . . this was revenue outside U.N. control happen to change all of that. they have been policy driven or, in and provided resources the regime could That is where this nominee comes in. some cases, just the operations aspects spend without restriction . . . After reviewing John Bolton’s creden- of the United Nations. But I think, at . . . Iraq imported banned military weap- tials, I cannot tell you how strongly I least for my part, I agree that it is an ons, technology, and dual-use goods through extremely important institution, that Oil for Food contracts. Companies in several endorse him. He has served as Under countries were involved in these efforts. Di- Secretary of State, is extremely quali- it represents an attempt by the com- rect roles by government officials are also fied to hold the position of ambassador munity of nations across the world to clearly established. to the United Nations, and has an im- find a forum where they can interact If this is the kind of program the pressive record as an accomplished and, hopefully, reach conclusions U.N. runs, I don’t know how anyone lawyer, diplomat, and scholar. which are constructive to mankind can get away with saying it does not My colleagues have extolled Mr. generally and especially address issues need serious reform. Bolton’s successes as a reformer in this which cannot and should not be ad- Another outrageous abuse of U.N. au- Chamber before. He has a reputation of dressed by nation states individually, thority took place in the Democrat Re- toughness, reliability, honor, and, yes, such as issues involving large expan- public of Congo. The U.N.’s own watch- tenacity. Because of these very rea- sions of disease, issues involving the dog department, the Office of Internal sons, I believe Mr. Bolton will be ex- treatment of children around the Oversight Services, investigated al- tremely effective in this position and world, issues involving the questions of leged abuse by the U.N. peacekeeping will best represent President Bush and war. forces in the northeastern Congolese the United States at the United Na- It is important we have a forum town of Bunia and found a pattern of tions. where nations can come together and sexual exploitation of women and chil- I have often watched the United Na- try to work together and, if they dis- dren which it said was continuing at tions and have wondered sometimes, agree, at least have the disagreements the time of the report. U.N. peace- who is on our side? I can assure you, be more transparent and, therefore, the keepers working in the Democrat Re- with John Bolton there, you are going ability, hopefully, to reach agree- public of Congo sexually abused girls as to have someone on our side. ments, and at least have the capacity young as 13. I have been to both Congos We have already spent a great deal of to temper those disagreements, which many time, and I have watched these time discussing the Democrats’ ob- is more probable of occurring as a re- things going on. structionism this week, so I will only sult of transparency.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5955 It is an institution which, by its very personality trait which people should fectively, and the President has picked nature, is going to have difficulty not have, then I guess there are a lot of John Bolton. reaching consensus and moving for- us here who should not be in the Sen- I have not heard anything from any- ward on extremely complex issues and ate. body that calls into question John issues which are intensely felt because The fact is, you have to be aggressive Bolton’s integrity or honesty. I heard a of the fact that it represents such a di- and you have to be willing to assert lot of people who expressed frustration verse collection of the world, almost your view and the views that you are about maybe how he manages individ- the entire world, for all intents and projecting as a representative of this uals, but that clearly is not the cri- purposes, nation states which all have country if you are going to be effective teria for rejecting a nominee to a Cabi- different purposes and interests. in making a case for this Nation. John net-level position. If it were, there But it is a very important forum, and Bolton will accomplish that in the would have been a lot of nominees re- it is something that we, as a country, U.N., in my opinion. In fact, it is his jected under every President who has clearly were one of the originators of type of personality in the sense of his ever nominated individuals because all in San Francisco after the war. It actu- willingness to aggressively advocate a of us have warts, and many of those ally is the outgrowth of Woodrow Wil- position which is consistent with our people who have been nominated to son’s concepts with the League of Na- promotion, as a nation, of liberty, de- Cabinet positions clearly had a number tions. We have helped it evolve and mocracy, and honesty within the man- of warts. grow, and we have basically under- agement of the U.N. ‘‘Honesty’’ may be So I do think it is inappropriate to written it. The American taxpayers, too strong a word, but at least more ef- pursue a filibuster in this instance. To for better or worse, pay approximately ficiency within the management of the have a policy disagreement with the 25 percent of all the costs the U.N. in- U.N. That will be the greatest strength President as to the way he approaches curs, whether they are operational that he brings to the table there. Peo- the U.N., that may be appropriate. costs or peacekeeping costs. That num- ple will understand clearly where That policy disagreement can be de- ber varies between those two accounts, America is coming from, and it is im- bated, but it should not ensue or lead but the number is very significant. portant they understand that. And the logically to a filibuster of an individual I used to chair the appropriating American taxpayer will know that we, who has a nomination to the position committee which had jurisdiction over within the hallways of the U.N., will because it is, after all, the President’s those funds, and it was frustrating at have someone who is going to advocate right to choose individuals to serve at times to send the money because I felt for efficient and effective use of those his Cabinet-level positions. Those indi- their actions in a number of areas, to tax dollars we are sending there. That viduals should be confirmed in a timely be kind, maybe involved a bit of mis- is our right, I believe, as taxpayers, to manner so that the President has the management, to be kind, and in other ask for that type of leadership within capacity to pursue foreign policy ini- areas were just misguided but were the U.N. tiatives and the leadership of this Na- part of the whole. So John Bolton, in my opinion, with tion on the issues of foreign policy As a participating member state, we his broad expertise in foreign policy with a full complement, a full team of have an obligation to support the insti- and with his commitment to promoting individuals to support his initiatives. tution and to try to correct it from this administration’s commitment to I do hope we will move forward to a within. How do you correct it from the promotion of liberty and the pro- final vote on Mr. Bolton this afternoon. within? I think this administration has motion of democracy across the globe, People who feel he is the wrong made a very aggressive effort to try to and to fighting terrorism, is the right choice—and they may have policy dif- make the U.N. more accountable, first person for this job. I regret he has been ferences with the President on how we in the area of operations, in the area of held up. And it appears Members of the are pursuing liberty and democracy just the basic management of the insti- other side intend to try to filibuster across the globe—can vote against him tution, reducing the amount of patron- his appointment. on that basis, but at least give him a age, reducing the amount of A President should have, just as a vote, and give him a vote promptly. misallocation of funds. This adminis- matter of policy, a person in the posi- Mr. President, I yield the floor. tration has focused aggressively on tion at the U.N. who is of his choosing. The PRESIDING OFFICER (Mr. EN- that. And secondly, this administra- This is the right of a President, to send SIGN). The Senator from Connecticut. tion has made a very aggressive effort a person to the U.N. who the President Mr. DODD. Mr. President, I rise to in the area of initiating policy, policy feels most effectively will advocate the speak on the nomination of John which may impact how we deal with policies of the administration because Bolton to be the U.S. Representative to AIDS in Africa, how we deal with the it is, after all, the President who has the United Nations. health care problems across the world, the primary responsibility of pro- Let me begin, briefly, by stating and the pandemics that are coming at moting foreign policy within our Gov- what this nomination and debate is not us, regrettably, and how we deal, obvi- ernment structure. It is not the respon- about. It is not about reform at the ously, with peacekeeping initiatives in sibility of the Congress, although there United Nations. There is not a single a variety of different pressure points are a lot of folks in this body who ap- Member of this body who I know of around the world, especially in the pear to think they are Secretary of who does not agree with the notion Middle East and in Africa and, of State. The fact is, the Constitution that we ought to be doing everything course, in the Balkans to some degree. does not provide that portfolio to the we can to make the United Nations a So we have, as a Government—and Congress, it provides it to the Presi- stronger institution, a more meaning- this Government specifically, the Gov- dent and the President’s appointees to ful one, in today’s world, where more ernment under President George Cabinet-level positions, which the U.N. direct actions can be taken where prob- Bush—aggressively pursued policies to ambassador position represents. lems exist around the world to make it try to focus the U.N. on trying to be a So it seems highly inappropriate that more efficient, to function better. All better managed place and being an in- we should be holding up his nomination of us agree with that, and all of us stitution which better, more effec- unless someone can show definitively agree that whoever assumes this posi- tively reflects policies of democracy that he does not have the personal in- tion as ambassador from the United and liberty. That has been our basic tegrity or the personal honesty to States to the U.N. ought to play a crit- theme in trying to work within the serve in the position. If individuals dis- ical role in that effort. That is not in U.N. structure. agree with his ability or his capacity question here. That is not a matter of John Bolton brings to the table the to carry out the job, that is not really debate. expertise necessary to continue that our call, unless that disagreement is a What is also not a matter of debate is initiative. He may be rough around the function of honesty, integrity relative the style of the particular nominee in edges on occasion. There is no question to the individual’s qualifications, be- question. I think all of us in this city about that. But there is also nothing cause in this instance it is the Presi- certainly respect the fact that some wrong with that. If being rough around dent’s right to pick the individual he people’s style is a little more brusque the edges on occasion is a detriment, a thinks can carry out the job most ef- than others, can be a little more blunt

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5956 CONGRESSIONAL RECORD — SENATE May 26, 2005 than others. I do not know of anyone, suasion or ideology, who tries to fire member of the committees should see certainly on this side of the aisle—or people, not debate, not disagree with these names, but that the appropriate that side, for that matter—who dis- them, not reprimand some higher offi- people we have designated historically agrees with a nominee because they do cial because he disagrees with what have access to that kind of information not particularly like their style, al- they are saying, but to reach down and for a nomination such as the one before though they may have been particu- fire an analyst at the CIA or the De- us. larly rough on some employees. We partment of State because you don’t I am still hopeful that will happen. I may not applaud it. We may not like like what they were telling you, in my am not so naive as to be unaware of it. We may think it is unwise and bad view, crosses a line. what we have just been through in the management style. But almost nobody This body has an obligation to the debate about filibusters on Federal in this Chamber on either side has ob- American public to stand up and say: judges. I would not have brought up jections to this nominee solely because We will not tolerate that. this nomination right now in the wake of the question of reform at the United This is far more important than Mr. of that. I thought we were going to Nations or whether Mr. Bolton’s style Bolton. It is far more important even deal with Federal judges, not the nomi- is objectionable or not. than this President or this Congress. nee to the United Nations. But the ma- The issue goes far beyond any indi- My objection to this nomination fo- jority, as is its right, sets the agenda. viduals. It goes to the heart of whether cuses on one single issue. Members will They have asked this Congress, this we are going to have credible intel- have to decide for themselves whether Senate to debate the issue of Mr. ligence which we, as Members of Con- they think this issue is of such impor- Bolton. tance that it would disqualify Mr. gress, can believe, and our allies I am put in the position of saying: I Bolton from the position he has now around the world, and from those we guess after all of this you can do what been nominated to or allow him to go seek to find support on various foreign you want and deny us that informa- forward. policies who will understand the pur- The facts are no longer in debate. It poses for which we are seeking their tion. I would hope some of my Repub- is often said in this Chamber, you are support. That is what I worry about lican friends, despite the fact they are entitled to your own opinion, but you more than anything else. going to vote for Mr. Bolton, would are not entitled to your own facts. The Yesterday I spoke on the floor about vote with us on the cloture motion. I facts are overwhelming in terms of the the availability of information. The took some interest in the fact that allegation that Mr. Bolton, whatever reason I had requested, and that we even on the House Republican side, the his motivations may have been—and I have an expedited version of a cloture difficulty that major committees of suspect I know what they were—de- motion, doesn’t have to do with wheth- the Congress, both the House and the cided that because he disagreed with er or not Mr. Bolton should have an up Senate, are having in getting informa- some intelligence analysts, he wanted or down vote. I want to have an up or tion from this administration is grow- them removed from their jobs. down vote on Mr. Bolton. But I also be- ing. If we don’t at some point stand up I have never objected, nor would I—in lieve this body has a right to informa- for our rights as a constitutionally des- fact, I agree with my colleague from tion. ignated coequal branch of Government, Michigan who spoke so eloquently, When the chairman of the Intel- then this administration will receive that, in fact, there ought to be more ligence Committee and the vice chair- the message that we don’t care about debate between policy centers and in- man of the Intelligence Committee are this and that we can deny this Con- telligence analysts. What was missing deprived the opportunity to read the gress anything we want and they will during the debate on Iraq, as to the names on the intelligence intercepts, do nothing about it. issue of weapons of mass destruction, the names Mr. Bolton could see, that So aside from how you feel about Mr. was the absence of debate between pol- his staff could see, but that the chair- Bolton, yes or no, it is important for icymakers and intelligence analysts. man of the Intelligence Committee and this institution to stand up for its None of us, that I know of, disagree the ranking member, the chairman and rights and to demand this information with the notion that there ought to be ranking member of the Foreign Rela- as we have a right to. more debate. Where policy setters dis- tions Committee are deprived the op- I am hopeful we can still get the in- agree with intelligence analysis, they portunity to see, then we are not get- formation and not have to go through a ought to express that objection and tell ting the information we ought to have cloture vote at 6 o’clock this evening. in order to make an intelligent deci- people they think it is wrong. But if Let me get back to the subject mat- sion. you go beyond just disagreeing, if you ter of Mr. Bolton himself. The reasons go beyond forceful debate, if you reach The only vehicle I have available to me is to say, I am going to insist upon for my concern are primarily focused down and decide you are going to re- on one issue. That is, of course, wheth- move or try to remove an intelligence a 60-vote criteria unless you give us the information. It is 11:20. I am still wait- er Mr. Bolton tried to fire people with- analyst from their position because in the CIA and the State Department you don’t like what they are saying to ing. There is no reason for us to have to have a cloture vote this afternoon. because he did not like the analysis you, that then crosses a line. they were giving him. I don’t care whether it is a Demo- Instead, we can have a simple up-or- cratic administration or a Republican down vote on Mr. Bolton at 6 o’clock What is extraordinary about this one. If this body, by a vote of confirma- tonight, if in the next hour or two the nomination, first and foremost, is the tion says to a person who seeks the po- administration would release those number of people on whom we have re- sition of ambassador to the United Na- names to the chairman and ranking lied, considering their status, who op- tions, that even though you have tried member of the Intelligence Committee, pose this nomination. I would like to to fire intelligence analysts because and the chairman and ranking member read the names. I am not suggesting all you disagreed with their analysis, then of the Foreign Relations Committee, of these people are opposed to Mr. I think we send a dreadful signal at the and the information Senator BIDEN is Bolton, but the basis upon which we very time in the world that our credi- seeking regarding the matter of the have determined that Mr. Bolton tried bility on intelligence is in question. supposed weapons of mass destruction to fire two intelligence analysts relied We all know that to be the case, re- in Syria. There are not a lot of docu- primarily on the names on this par- grettably. We have been through a ments. It wouldn’t take much time. ticular chart. I want to read the names dreadful period where intelligence was But if we can’t get those documents, if and the positions they hold. It was very wrong in assuming there were we are not being allowed to see the these individuals, more than anything weapons of mass destruction in Iraq. very things the nominee had a right to else, who made a significant difference So the issue for this Senator is, did Mr. see, then I don’t think we are being in our conclusions that Mr. Bolton had, Bolton do this or not? And if he did, treated as a coequal branch of Govern- in fact, tried to fire these individuals. why are we even considering this nomi- ment that has a right, through the ap- John McLaughlin was the Deputy Di- nation? Because anyone, regardless of propriate means, with the appropriate rector of the Central Intelligence the administration, their political per- members. I am not suggesting every Agency.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5957 These individuals are either pres- are not some left-wing U.S. intelligence and the firewall that ently members of the Bush administra- that are out there objecting to John must exist between policy and intel- tion, this President, or were formerly Bolton. These are serious people who ligence to ensure the integrity of that members of the Bush administration. do a serious job, many of them career intelligence. Again, I emphasize, this is Larry Wilkerson was chief of staff to officials who have served our country not about a disagreement. It is not Secretary Colin Powell; Robert with great distinction over the years. about a policymaker disagreeing with Hutchings, Chairman of the National These individuals are the ones on an intelligence analyst. Intelligence Council. The dates of their whom we relied to draw their conclu- Intelligence analysts do not speak ex service are here. They are all dates sion. cathedra. They are not sitting there that run roughly 2002, 2003, up to the I am going to share with my col- coming to conclusions that we ought present time, or just a month or so leagues their statements, not mine, not not to question. That is legitimate. In ago. the names of some Democrats who fact, we need more questioning. The Stuart Cohen, Acting Chairman of might have some political motivation issue is whether one ought to go be- the National Intelligence Council; Alan but, rather, people who care about our yond questioning and decide to remove Foley, head of the CIA’s Office of country, care about the United Na- someone because you disagree with Weapons, Intelligence, Nonprolifera- tions, believe it needs reform, believe their conclusions. tion, and Arms Control; Jamie Miscik, we need a strong person there to en- When this committee convened last Deputy Director of Intelligence at the gage in that kind of reform, but believe month to consider the matter, we had CIA; Thomas Hubbard, United States John Bolton is not the person who irrefutable evidence—this is not con- Ambassador to South Korea, a Bush ought to be receiving the nomination. jecture—and this body has to decide appointee; John Wolf, Assistant Sec- The committee did an extensive re- whether you are going to send this man retary of State for Nonproliferation; view of all the allegations related to forward in the face of irrefutable evi- Tom Fingar, Assistant Secretary of this nominee. Committee staff, on a bi- dence that on 5 different occasions over State for Intelligence and Research; partisan basis, conducted more than 30 the past 48 months, Mr. Bolton tried to Christian Westermann, analyst for the interviews of individuals with knowl- have 2 intelligence analysts removed State Department’s Bureau of Intel- edge of the nominee. There was excel- from their jobs—one at the State De- ligence and Research; Neil Silver, Of- lent cooperation on the part of most of partment and one at the CIA—because fice Director, Bureau of Intelligence those staff we sought to interview. I these individuals would not clear the and Research; INR supervisor, we don’t believe the work of this Senate has language Mr. Bolton wanted to use, use his name here, the immediate su- been assisted by these individuals who which was not supported by available pervisor of Mr. Westermann; Fred courageously came forward to answer intelligence. Fleitz, acting chief of staff of John questions and provide information that I emphasize another point that needs Bolton; Wil Taft, Department of State in many cases they would rather not to be made. When Mr. Bolton speaks as legal advisor; and a Department of have done. These individuals did not John Bolton, he can say whatever he State attorney whose name we are not want to speak ill of another Republican wants. But when he gets up and says, using as well in the office of legal advi- or a former colleague. But they acted ‘‘I am speaking on behalf of the United sor. as dutiful citizens, patriots, and co- States,’’ then there is a different stand- These are 15 individuals either pres- operated with the committee’s efforts ard. When you speak on behalf of our ently serving in the Bush administra- to fully explore matters related to the country, you cannot just say anything tion or having previously served. It is nomination of John Bolton. Regardless you want. You have to rely on the best on them that we relied. It is their of how this Senate disposes of this intelligence we have. You may disagree damning statements that confirm nomination, these individuals have with that and you can fight over it, but without any question that Mr. Bolton done a service to our country. We in the final analysis you cannot offer essentially tried to have these intel- should honor them for doing so, for your own opinions when you are ex- ligence analysts fired. They also pro- having the courage to come forward pressing them as the U.S. views. You vided other damaging information. and to be honest when asked questions can say John Bolton believes this. If I have been a member of the Senate about this nominee. Mr. Bolton wants to speak to the Her- Foreign Relations Committee for 24 Mr. Bolton’s behavior clearly trou- itage Foundation and say, ‘‘I believe years. Those who have served with me bled a number of people who have the following,’’ I may think he is pro- know it is rare, indeed, for this mem- worked directly with him over the last foundly wrong, but I would fight with ber to get up and object to a Presi- number of years. my life for John Bolton to be able to dential nomination, particularly one Former Assistant Secretary of State say it. That is first amendment rights. that is not a lifetime appointment. In Carl Ford, a self-proclaimed conserv- It is when Mr. Bolton gets up and fact, as my colleagues who have served ative Republican, described Mr. Bolton says, ‘‘I am speaking on behalf of the with me for some time know, I have as ‘‘the quintessential kiss-up, kick- United States of America and I want to been one of only a handful who have down sort of guy.’’ He also labeled Mr. say the following,’’ and then he abso- supported nominees of Republican ad- Bolton a ‘‘serial abuser.’’ lutely contradicts what is being con- ministrations. I was one of two Demo- We did not hear from any people dis- cluded by the intelligence analysts crats who supported John Tower when abusing the committee of that view. here, at that point, it seems to me he he was nominated to be Secretary of That he has an abusive management has a higher responsibility than he has Defense under President Bush’s father. style is problematic, but as I said at shown. I supported John Ashcroft in the first the outset, that would not be justifica- Carl Ford’s testimony was a water- administration of the current Presi- tion for voting against Mr. Bolton to shed for me. Never in my 24 years as a dent Bush, one of only a handful of be the ambassador to the United Na- Senator have I ever witnessed one Democrats who did that. tions. This is not about style. It is not high-ranking, former administration I tried to recall an instance when I about reform of the U.N. It is about official testify as vociferously and as have taken such a strong objection to whether this individual tried to fire in- strongly as Mr. Ford did against a col- another nominee in 24 years. I can’t re- telligence analysts in his position as league. That is exactly what he did last call one that has gone this far. I have Under Secretary of State. month. Carl Ford made it clear why he had my objections to others, but they However, when Mr. Bolton harnesses did so. He believed Mr. Bolton’s actions usually didn’t reach this particular that management style of his, as he caused a chill among his intelligence point. So it is uncomfortable for me to has over the last 4 years, to affect in- analysts—so much so that the Sec- come to the floor to engage, over al- telligence judgments or to stifle the retary of State, Colin Powell, had to most the last 2 months, in this nomina- consideration of alternative policy buck up the employees to assure them tion. But when you add the names of opinions, then I think he has crossed that they should not succumb to polit- 102 former ambassadors, 15 present or the line over what is acceptable behav- ical pressure. former members of the Bush adminis- ior. Why? Because those actions go di- Because we have talked a lot about tration, these are not Democrats, these rectly to the heart of the integrity of this, I used this chart in the Foreign

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5958 CONGRESSIONAL RECORD — SENATE May 26, 2005 Relations Committee. I realize from a trouble, start to agree with Mr. Bolton Latin America, banning him from all distance it looks like a lot of spaghetti. when he disagrees with you; that is the meetings held in their bureaus. And What it amounts to is the chart of the easy thing to do. If he tells the analyst the ultimate act of pettiness—consider positions of the State Department, be- you ought to say the following, you revoking his State Department build- ginning with the Secretary of State, better say that. If you do, you won’t be ing pass. Deputy Secretary of State, Chief of brought up to his office and bellowed I am not making this stuff up. He State, Executive Secretary, and the at. That is dangerous and that is one of said he had ‘‘one part of one conversa- various Under Secretary positions the reasons we have such concern tion with one person one time, and I let here. The third one is Mr. Bolton, about this nomination. it go.’’ Under Secretary for Arms Control and As I said, this was the conclusion of Hardly. The facts are overwhelming International Security Affairs. That is Secretary Powell, according to Mr. here regarding what he tried to do both his responsibility, this group right Wilkerson, his chief of staff. Mr. at the State Department and the CIA. here. He was in charge of the people Wilkerson, who was the chief of staff of We have also learned that other in- who worked in this particular column. Secretary Powell, testified before the telligence analysts were having dif- Where did that intelligence analyst staff of the Foreign Relations Com- ficulties with Mr. Bolton’s office. work? He worked down here. You have mittee the following: Secretary Powell Jami Miscik, Deputy Director for In- to go way down to the Assistant Sec- ‘‘went down into the bowels of the telligence, 2002 to 2005, in the Bush ad- retary for Intelligence and Research, building and talked to people about not ministration, told the committee staff Carl Ford, who was head of the INR. being inhibited by, or in any way fear- that Mr. Bolton had a reputation for This intelligence analyst was down ful of, people on the seventh floor, or being difficult to deal with. She noted here; that is where Mr. Westermann leadership in general, questioning their that ‘‘interaction between policy- worked. He was not directly in Mr. analyses or their statements or what- makers and the intelligence commu- Bolton’s line of command, but in a sep- ever.’’ nity usually goes more smoothly than arate division. He is a GS–14 at this Mr. Bolton had a very selective recol- it often did . . . in the cases with Mr. level. lection about his interactions and in- Bolton . . . It is rare that . . . a single You need to understand what hap- tentions with respect to intelligence policymaker is known for having . . . pened here. This was a case where Mr. analysts at the State Department and pretty regularly contentious kinds of Bolton doesn’t get ahold of Mr. Ford the CIA during his appearance before issues in this regard.’’ and say: I have a problem with your in- the committee. We know as well that expert intel- telligence analyst because I disagree Mr. Bolton told the committee: ligence officials disapproved of and re- with what he said. I think he is wrong I didn’t seek to have these people fired. I sisted Mr. Bolton’s efforts to ‘‘cherry- and I want to argue about it. didn’t seek to have discipline imposed on pick’’ intelligence for ideological pur- Mr. Bolton reaches down out of his them. I said, ‘‘I’ve lost trust in them.’’ And poses. line and drags this guy up to his office are there other portfolios they could follow. Dean Hutchings, Chairman of the Na- and begins to berate him for the job he It wasn’t anything to me that I followed at tional Intelligence Council, 2003 to 2005, has done. That is objectionable to me, great length. I made my point and moved on. described the ‘‘cherry-picking’’ prob- and outrageous. If it ended there, that Committee staff interviews and re- lem in the context of what Mr. Bolton is dreadful behavior and nobody ought view of State and CIA documents paint wanted the Intelligence Committee to to do that without clearing what you a very different picture indeed. What is bless with respect to Syria’s weapons want to say with the people who are re- that picture? of mass destruction capabilities: sponsible for that individual’s work. If First, with respect to Mr. Mr. Bolton took isolated facts and made it ended there, maybe I would just vote Westermann. Six months after this much more of them to build a case than I against the nominee and I would not event I have described on the chart thought the intelligence warranted. It was a make the case on that basis alone. It is with—this run-in occurred, Mr. Bolton sort of cherry picking of little factoids and what happens afterward. It is not just was still seeking to have Mr. little isolated bits that were drawn out to present the starkest possible case. berating. There is no doubt that there Westermann removed from his job as would be chill in the Department if an the biological weapons expert analyst We also know that Deputy Secretary Under Secretary of State dragged an at the Intelligence and Research Divi- Armitage didn’t trust Mr. Bolton’s intelligence analyst to his office and sion of the State Department. judgments when it came to making word goes out. As we all know, in insti- Mr. Bolton’s recollection about what public speeches. We have heard this tutions the word flies around imme- he did with respect to the CIA analyst from others, such as GEORGE VOINO- diately. One of our fellow workers has was likewise clouded on April 11. As to VICH, as well as CARL LEVIN, as well as been dragged up to the Under Sec- the so-called ‘‘Mr. Smith,’’ as we called BARBARA BOXER and others, who have retary’s office and screamed at because him to protect identity, Mr. Bolton spoken on this matter. he didn’t like his conclusions. That is said: Mr. Wilkerson, Secretary Powell’s chief of staff, told the committee: why Colin Powell, the guy at the top, I had one part of one conversation with one had to go down to these —down person one time on ‘‘Mr. Smith,’’ and that There were problems on a number of occa- here on the chart—and explain to them was it. I let it go. sions with Under Secretary Bolton’s pro- posed remarks. . . . The Deputy, Mr. that they did the right thing. You, Mr. We now know that much more than Armitage, made a decision and commu- Westermann, did the right thing. You that occurred. Let me lay it out for nicated that decision to me, that John are not supposed to succumb to polit- you. Bolton would not give any testimony, nor ical pressure. You tell people what In addition to a meeting with the would he give any speech, that wasn’t they think they need to hear, and if Acting Chairman of the National Intel- cleared first by Rich Armitage. they don’t like it and disagree with ligence Council, we now know from e- With all of the other duties Deputy you, that is one thing. But you did the mails that Mr. Bolton considered rais- Secretary Armitage had in managing right thing. It was wrong by implica- ing the matter directly with the Direc- the Department in Secretary Powell’s tion, because why would the Secretary tor of the CIA, George Tenet. We know absence, he also felt he had to babysit of State go down here and bring these as well that he continued to conspire Mr. Bolton because the normal clear- analysts together and remind them with former Assistant Secretary of ance procedures established by the De- that they had done their job if he felt State Otto Reich and his office for a partment didn’t work with Mr. Bolton. Mr. Westermann being dragged up to period of 4 months after he first ‘‘lost Yet, this body is now being asked to Mr. Bolton’s office was not wrong? confidence’’ in ‘‘Mr. Smith’’ to have vote to send Mr. Bolton to New York, That is why the Secretary of State did him removed from his job. where he will be unsupervised on a that. He went down there to tell those Also under consideration by Mr. daily basis. Lord only knows the kind people not to worry about this, do your Reich and Bolton were other punitive of problems that can ensue with Mr. jobs. I think the Secretary was worried measures—we know this now—such as Bolton, given his past performance. that the word would go out to these an- denial of country clearance for Mr. Individuals under Bolton’s direct line alysts that if you don’t want to get in Smith’s official travel throughout of authority also took issue with the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5959 rigidity of his views. John Wolf, former Nations that have to be led; they have to be sistance and cooperation to address Assistant Secretary of State for Non- led well, and they have to be led properly. them, and the logical focal point for proliferation and a career diplomat, And I think, in that capacity, if he goes up addressing that international support told committee staff that Mr. Bolton there— is the United Nations. It makes sense. ‘‘tended to hold onto his own views Speaking about Mr. Bolton— But international support will not be strongly and . . . he tended not to be you’ll see the proof of the pudding in a year. automatically forthcoming and will re- Second, I differ with a lot of people in enthusiastic about alternative views. quire, as we all know, U.S. leadership And he did not encourage us to provide Washington, as to his brilliance. I didn’t see it. I saw a man who counted beans . . . had at the U.N. to build the case for such our views to the Secretary.’’ no willingness—and in many cases no capac- cooperation. That U.S. leadership must Again, I am not arguing about some- ity to understand other things that were necessarily be embodied in the indi- one’s style here. But when you have 125 happening around those beans. And that is vidual who serves as our ambassador to employees at the U.N. and the only just a recipe for problems at the United Na- the United Nations is obvious. things you want to hear are the things tions. Based on what I know today about you agree with, that is a management These are very serious conclusions Mr. Bolton, I believe he is incapable of style that is dangerous for a person from an individual who was a loyal and demonstrating that kind of leadership. who is going to work with all of the na- trusted member of Secretary Powell’s tions we have to build relationships The ambassador to the United Nations team, and they go to the heart of is a very important position. The indi- with in the U.N. We all do this as Sen- whether Mr. Bolton has the capacity to ators. We know when a staff member vidual who assumes that position is carry out his duties at the United Na- necessarily the face of our country be- gets up and wants to tell us an alter- tions. This is not about whether we native view, it is uncomfortable. We fore the world. like the nominee’s views on the United For all the reasons I have cited—Mr. would like them to agree with us. We Nations, arms control, or Cuba. He is also know how vitally important it is Bolton’s management style, his attack entitled to his personal views about as Senators that people in our offices on the intelligence community, his any of those matters, and he should not who have the willingness to stand up tunnel vision, his lack of diplomatic be disqualified from any office because and know when they do, they are not temperament—I do not believe he is he has them. But for the interests of going to be threatened with their jobs, our man to be the face at the United or considered for removal because they the United States to be served at the Nations. are telling us something we don’t want United Nations, there has to be a bal- But of all those reasons, I come back to hear. We understand the value of ance between ideology and prag- to the one I made at the outset. It is that. Mr. Bolton doesn’t. That is dan- matism. not about style, it is not about reform The individual on the spot in New gerous. at the United Nations, it is not about York will be called upon, from time to Mr. Wolf said: Mr. Bolton’s views on a variety of sub- time, to strike that balance. He also Some of the officers within the non- ject matters. Our colleagues have to must have the credibility to make the proliferation bureau complained that they make a decision. We now know, cat- best case for the United States before felt undue pressure to conform to the views egorically, without any question what- of the Under Secretary, versus the views that international body. These things soever, that this nominee tried to fire that they thought they could support. are at the heart of effective diplomacy. intelligence analysts at the Central In- That is a dangerous statement, that Ambassador Negroponte was able to telligence Agency and the Department we have somebody who is about to take strike that balance between ideology of State. That evidence comes from his on a position who would make others and pragmatism and have the credi- own colleagues, from people with whom feel they were unfit or are being pres- bility to make the case of the United he has served, not from outside groups sured to conform their views. States before the U. N. Security Coun- All of these matters I have just men- cil. Senator John Danforth, a former or members of this body. tioned cause me grave concern about colleague, was able to do so as well. The decision for our colleagues today this nomination. But what troubled me Based on what we have learned about is whether or not we promote someone the most were the devastating com- Mr. Bolton in recent days, I seriously who has done that and what message it ments made by Secretary Powell’s doubt he is willing or able to strike sends to the analyst community, what chief of staff, Mr. Wilkerson, an indi- that balance, and I now know, given message it sends to our allies, and vidual who on a day-to-day basis was in his penchant for stretching intel- what message it sends to our adver- a position to know what was going on ligence and pressuring analysts, that saries, for that matter, around the in the Department and what foreign his credibility will be challenged by globe. That this individual who en- policy challenges the Secretary of other U.N. members. gaged in such reprehensible behavior, State was attempting to manage. Our colleagues brush aside this prob- in my view, should be given the posi- This is what he has to say about Mr. lem by saying Mr. Bolton will be get- tion of U.N. ambassador to represent Bolton’s single-minded preoccupation ting his instructions from Secretary the United States at this critical hour, with sanctioning every Chinese entity Rice. Mr. President, that is just not re- I think is a massive mistake. he could find which might have vio- alistic at all. Much of the guidance Again, I am still hopeful that in the lated nonproliferation standards: that is developed for our U.N. ambas- remaining hours of this debate, the ad- Are we actually stopping China’s prolifera- sadors is developed cooperatively be- ministration will see fit to provide the tion through sanctions that was dangerous tween Washington and New York. What additional information for which we to our interests? Or are we doing it, and ig- gets said at the United Nations by a have asked for almost 2 months. I re- noring problems that cry out for cures, dip- gret deeply having to ask my col- lomatic? The one time I had a conversation representative is, in large measure, with John about this, I asked him, ‘‘How do shaped by our reporting from our mis- leagues to vote on a cloture motion. I you go beyond sanctions, John? War?’’ Mr. sion in New York. I feel Mr. Bolton will have said, if cloture is invoked, we will Bolton replied, ‘‘It is not my business.’’ be incapable of making the kind of vote immediately on Mr. Bolton. If it is Mr. Wilkerson also explained to our judgments that move the diplomatic not invoked, it will layover, and we committee staff why he believes Mr. process forward. will continue to try to get the informa- Bolton is ill suited for the U.N. posi- We all know these are difficult times. tion. tion. I am quoting Mr. Wilkerson, Sec- Our responsibilities in Iraq and Af- I have no desire to filibuster this retary Powell’s chief of staff. This is ghanistan are significant and costly. nomination. I do have a desire to see not some liberal left-leaning Senator Other challenges to international the Senate stand up for its rights when or Congressman or columnist talking peace and stability loom large on the it seeks information—information the about Mr. Bolton. This is the former horizon—Iran, North Korea, the Middle nominee had access to but the chair- chief of staff of a Republican Secretary East. The humanitarian crises in Afri- men and ranking members of the Intel- of State under George Bush—this ca and Asia cry out for attention. The ligence Committee and Foreign Rela- President’s administration: United States cannot solve these prob- tions Committee were denied. That is a One, I think he’s a lousy leader. And there lems all by ourselves. We know that. precedent we need not make with this are 100 to 150 people up there at the United We need tremendous international as- decision.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5960 CONGRESSIONAL RECORD — SENATE May 26, 2005 My hope is our colleagues will sup- his letter to our colleagues last ing time is divided between the Sen- port the opposition on the cloture mo- evening, the chairman of the Intel- ator from Maryland and the Senator tion and, if we get a vote on Mr. Bolton ligence Committee very honestly from Massachusetts. today, we reject this nominee. There pointed out that the names of the 19 in- Mr. DODD. And Senator REED from are many qualified, blunt, forceful peo- dividuals in the 10 intercepts he sought Rhode Island also seeks some of that ple who can assume this job who em- are redacted. The only pertinent infor- time. Just Senator REED and Senator brace the President’s view on foreign mation is those names and the motiva- KENNEDY. The Senator Maryland has policy and who will do a very good job tion Mr. Bolton had in seeking that in- time. at the United Nations. John Bolton is formation. The PRESIDING OFFICER. Without not that individual. The heart of the request—even the objection, it is so ordered. The Senator Mr. President, I yield the floor. Intelligence Committee chairman can- from Maryland. Mr. SARBANES. Will the Senator not see it. Yet Mr. Bolton could see it, Mr. SARBANES. Mr. President, first, yield for a question? his staff could see it. But the chairman I commend the very able Senator from Mr. DODD. I will be happy to yield. of the Senate Intelligence Committee Connecticut not only for his statement Mr. SARBANES. Mr. President, I is not allowed to see it. Every Senator on the floor, but the very reasoned and commend the very able Senator from ought to be outraged about that. If we judicious way he has proceeded in con- Connecticut both for his statement and let them get away with it here, they sidering this nomination. I join with those who think the re- for the letter that he and the ranking will get away with it every single day fusal to provide the information con- member of the committee, Senator hereafter. Either we stand up for our stitutes a sufficient basis not to invoke BIDEN, sent to a number of us about the rights as a Senate, as a coequal branch cloture while we continue to press the necessity of trying to get these mate- of Government, or we do not. administration to provide the informa- rials which we have sought. Mr. SARBANES. Will the Senator tion the Senate needs in order to do its Clearly the Congress needs this infor- from Connecticut yield? job. mation in order to do its job. The posi- Mr. DODD. Yes, I yield. I spoke yesterday with the distin- tion of the Senator from Connecticut Mr. SARBANES. It is not every sin- guished Ranking Member of the com- on the cloture motion, as I understand gle day hereafter for this administra- mittee, Senator BIDEN, on the floor it, is that we ought not to invoke clo- tion; it becomes a precedent for every about this issue, and I have done so ture and move to a vote on Bolton administration. And I suggest to all again here today with my friend, the until the material is provided. If the Members of the Senate that they may Senator from Connecticut. I strongly material is made available and we are find themselves, down the road at some urge my colleagues to take that posi- in a position to make judgments, then point, seeking information they think tion because it is a very important I take it we can move forward in the is relevant and having it denied to question of the role the Senate should normal course of the debate toward a them by the executive branch, citing play, and whether we really are an final vote on Bolton’s nomination; is the refusal to provide the information independent branch of the Government that correct? in the Bolton case as a precedent for that will act to carry out our respon- Mr. DODD. Mr. President, in response the action they are taking. sibilities. to my friend and colleague from Mary- Mr. DODD. Again, the Senator from Let me now address the substance of land, that is exactly the point. Maryland is absolutely correct. These the Bolton nomination. In the 60 years Mr. SARBANES. That strikes me as issues come back and come around and since the founding of the United Na- an eminently reasonable position. It the word spreads: You can get away tions, a number of extraordinarily dis- needs to be made clear that there is with this. It is not just this adminis- tinguished men and women have been material the executive branch is refus- tration. The Senator is correct. Future chosen to represent us in that body as ing to make available to the Senate, administrations will use this as an ex- the U.S. ambassador: , and which we need in order to be ade- ample of why they do not have to com- Henry Cabot Lodge, Jr., James Wads- quately informed in carrying out our ply with the request because previous worth, Adlai Stevenson, Arthur Gold- responsibilities of advising and con- Congresses allowed this information to berg, George W. Ball, James Russell senting on this nomination. be kept secret when Senate commit- Wiggins, , George Bush, Mr. DODD. Mr. President, if I may tees were seeking it. John Scali, Daniel P. Moynihan, Wil- respond to my colleague from Mary- Mr. President, may I inquire how liam Scranton, Andrew Young, Donald land, I was going to recite to him—be- much time I have remaining? McHenry, Jeane Kirkpatrick, Vernon cause I think some of my colleagues The PRESIDING OFFICER (Mr. GRA- Walters, Thomas Pickering, Edward may think this Senator from Con- HAM). The Senator has 19 minutes. Joseph Perkins, , necticut has raised this issue in the Mr. DODD. I ask unanimous consent Bill Richardson, Richard Holbrooke, last 24 hours as a delaying tactic—I that the remaining time I have be di- John Negroponte, and John Danforth. want to point out to my colleagues the vided between the Senator from Mary- The fact that at least 17 of them, chronology which begins actually on land and the Senator from Massachu- spanning 8 administrations—Repub- April 11—approaching 2 months ago. setts. The Senator from Rhode Island, lican and Democratic—have been ele- Then there were subsequent requests Mr. REED, also asked for time. I had 60 vated to serve on the President’s Cabi- on April 14, April 22, April 29, May 4, minutes, and want to give up some net demonstrates the critical impor- May 18, as well as even as late, as of time. tance in which this position histori- course, we all know, yesterday. Mr. MARTINEZ. If I can make an in- cally has been held. I want to make it clear that from quiry. The fact that we proudly remember very early on, we tried to get this in- The PRESIDING OFFICER. The Sen- so many of these names, after the pas- formation. I emphasize, again, these ator from Florida. sage of a number of years, underscores are names Mr. Bolton has seen, his Mr. MARTINEZ. My understanding is both the visibility of the U.N. ambas- staff has seen, and we are not asking the Senator from Arizona was going to sador and the statesmanship that the every Member see, only the ranking be recognized during this timeframe position requires. On a daily basis, our members and the chairmen of the In- for his remarks. ambassador to the U.N. speaks to the telligence Committee and the Foreign Mr. DODD. I have a little less than 20 entire world on behalf of the United Relations Committee, to let them minutes remaining. What I want to do States. know whether or not the names coin- is give the 20 minutes I have left to my The comments our ambassador cide with the names of people we have colleagues to use. Mr. President, I makes and the relationships he or she run across in our examination of Mr. make that request, that the time re- cultivates make the difference between Bolton to be a nominee to the U.N. maining be divided between the Sen- a United States that is respected as a The chairman of the Intelligence ator from Maryland and the Senator leader in the world, setting an example Committee will tell you they had an from Massachusetts. of American values and principles, and interview with General Hayden and he The PRESIDING OFFICER. Without a United States that is ignored and showed them some documents. But in objection, it is so ordered. The remain- misunderstood.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5961 In today’s world, this difference af- whether we should more closely mon- This nomination came out of the fects the lives of millions at home and itor its activities. Many of us are com- committee without recommendation. abroad. The United Nations is not a mitted to doing both of those things. It There was a 9-to-9 divided vote. By con- tool to be used ‘‘when it suits our in- is a very basic question of one’s trast, all of the previous nominees to terest and when we can get others to go mindset about the United States, about be U.N. ambassador were brought to along,’’ as Mr. Bolton has suggested the United Nations and about inter- the floor by very strong committee but is, rather, an essential and ongoing national law. If other nations believe votes and approved on the floor by very forum for the advancement of U.S. for- that the U.S. is not out to reform the strong votes—most of them unani- eign policy and the protection of U.S. United Nations but to undercut it, then mous, none of them really close. national security interests. they are likely not to be receptive to In addition to Mr. Bolton’s extreme The U.N. makes decisions that affect any of our criticisms or recommenda- policy views and his confrontational war and peace. It helps to determine tions. demeanor, there is the issue of his pro- whether the United States will have Secondly, it is clear that Mr. Bolton fessional conduct. There is ample evi- international support and allies or will does not have the diplomatic skills or, dence that he has attempted to politi- be forced to undertake difficult mis- indeed, the demeanor to represent our cize intelligence in a way that I believe sions on its own in the face of broad op- country effectively at the U.N. There has harmed our Nation’s diplomacy. position across the globe. Skillful work are certainly moments when the situa- Mr. Bolton sought the transfer of two at the U.N. enables us to have burden tion may call for bluntness, when aban- intelligence analysts with whom he sharing, both in terms of the commit- doning diplomatic niceties can convey disagreed on substantive matters. He ment of human resources and the com- the urgency of a particular issue or po- repeatedly attempted to stretch the mitment of financial sources. sition. However, Mr. Bolton has shown facts to back his own ideological pre- The United Nations offers us an op- a propensity for making extreme and disposition. He created such a climate portunity to make our case to the provocative statements that have of intimidation in the State Depart- world, to demonstrate international caused unnecessary conflict and con- ment that the Secretary of State found leadership, and to build multilateral frontation. It is not an occasional out- it necessary to set up a special meeting cooperation. As Secretary General burst that might, on occasion, be justi- with the Intelligence and Research Bu- Annan commented in a recent speech, fied by the situation but, regrettably, a reau in order to directly reassure the the U.N. ‘‘is not just a building in Man- routine way of doing business. analysts. To make matters worse, Mr. Bolton hattan, or a piece of international ma- Does it help us in trying to shape the told the committee that he had not chinery. It embodies a conviction on direction in which the U.N. is to move tried to have analysts punished or dis- the part of people everywhere that we when Mr. Bolton says that the Security ciplined, and he denied that he sought live on a small planet, and that our Council should have one permanent retribution against them. He said, ‘‘I safety, our prosperity, our rights—in- member, the United States, ‘‘because shrugged my shoulders, and I moved deed, our freedoms—are indivisible.’’ that is the real reflection of the dis- on,’’ when his attempts to have them For this reason, our representatives at tribution of power in the world’’? reassigned were rebuffed. the United Nations must be men and Does anyone think that Mr. Bolton’s And yet we have learned from exten- women of exceptional wisdom and assertion that ‘‘if the U.N. Secretariat sive interviews with numerous admin- credibility, who can listen and per- building in New York lost 10 stories, it istration officials that he did try to suade, whose counsel and leadership wouldn’t make a bit of difference’’ will have the analysts removed from their other nations will seek and rely upon. help us in persuading other countries positions, that he did seek to punish Despite the need for a U.N. ambas- to support U.N. reform efforts? people for disagreeing with him, and he sador who recognizes and can make the These are not isolated misstatements did persist in his efforts for many most of the U.N.’s potential and prom- or slips of the tongue but, rather, his months after, as he says, he shrugged ise, we have before us now a nominee customary and consistent approach to his shoulders and moved on. to be our ambassador to the U.N., who dealing with others who disagree with That he was ultimately unsuccessful over a number of years has dem- him. Even given the opportunity to in his efforts does not speak for Mr. onstrated outright hostility toward the demonstrate a less confrontational ap- Bolton. What it speaks to is the steadi- United Nations as an institution and proach, he has repeatedly declined to ness and determination of those profes- toward the fundamental legitimacy of do so. Mr. Bolton, time and again, has sionals who withstood his demands, international law. Mr. Bolton has ar- shown himself singularly lacking in who refused to bend to the inordinate gued repeatedly that the United States the willingness to hear, to consider, pressure he was applying. has no legal obligation to pay its dues and to respect opposing points of view. Given this conduct, when he goes be- to the United Nations and that treaties Contrast that attitude with these fore the United Nations to make a are nothing more than ‘‘political com- comments made by Ambassador Moy- statement about evidence of nuclear mitments’’. nihan and Ambassador Kirkpatrick weapons production or a terrorist plot He called the Law of the Sea Treaty, when they were nominated for this po- or whatever it may be, what credibility which has been endorsed by our mili- sition. Ambassador Moynihan, in his will he have, knowing that he sought tary and submitted by President Bush confirmation hearing before the com- repeatedly to punish intelligence ana- as an urgent priority for Senate advice mittee, said: lysts who delivered contradictory in- and consent, ‘‘an illegitimate method A certain principled statement of views on formation; knowing that he is sort of a of forcing fundamental policy changes both sides can be useful: it requires that we man who, as Robert Hutchings, the on the United States outside the cus- respect what others think and try to under- former chairman of the National Intel- tomary political process.’’ He is quoted stand what they think and ask that they do ligence Council, put it, ‘‘took isolated as saying: the same in return. . . . Things where we dis- facts and made much of them to build agree are marginal compared with where we a case than I thought the intelligence It is a big mistake for us to grant any va- do agree. And yet it is so easy to grow es- lidity to international law even when it may tranged at the first problem, the first ques- warranted. It was a sort of cherry pick- seem in our short term interest to do so—be- tion is how to get away from a confrontation ing of little factoids and little isolated cause, over the long-term, the goal of those system back to the quest for understanding bits were drawn out to present the who think that international law really and agreement in a situation where this is starkest possible case’’? means anything are those who want to con- wholly possible and entirely necessary. We need a credible spokesman at the strict the United States. Similarly, Ambassador Kirkpatrick, United Nations, and Mr. Bolton’s con- To send someone as our ambassador in her confirmation hearing before the duct casts serious doubt on his ability to the United Nations who does not committee, said: to be one. demonstrate a basic respect for the in- I do not think that one should ever seek Moreover, Mr. Bolton’s poor adminis- stitution and its legal foundations is a confrontation. What I have every intention trative and management skills, in my disservice to our national interests. and hope of doing is to operate in a low key, view, raise serious questions as to This has nothing to do with whether quiet, persuasive and consensus-building whether he can exercise a senior lead- reforms are needed at the U.N. or way. ership role. The testimony of Carl

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5962 CONGRESSIONAL RECORD — SENATE May 26, 2005 Ford, Assistant Secretary of State for U.S. leadership at the United Nations Mr. MCCAIN. I ask that the Senator Intelligence and Research, was espe- can enhance our national interest in a from Florida be recognized following cially powerful on this point. Mr. Ford very significant way, and part of that Senator OBAMA. told the committee: skilled leadership is to send an ambas- The PRESIDING OFFICER. The re- In my experience, throughout my time in sador who has credibility and the wis- quest before the Chair is Senator KYL the executive branch, I’ve really never seen dom necessary to carry out his respon- for 10 minutes, Senator KENNEDY for 10 someone so abusive to such a subordinate sibilities. minutes, Senator MCCAIN for 10 min- person. This nominee falls far short of that utes, Senator OBAMA for 15 minutes, He said he could think of no one else standard. Mr. President, 102 retired and the Senator from Florida for 15 who comes even close to John Bolton diplomats have taken the extraor- minutes. in terms of the way that he his dinary step of sending a letter urging Is there any objection? Without ob- power and authority with ‘‘little’’ peo- the Senate to reject the nomination. jection, it is so ordered. ple. Finally, let me say just this word The PRESIDING OFFICER. The Sen- Secretary Powell’s Chief of Staff, about the witnesses who came forward ator from Florida is recognized. Larry Wilkerson, described to the com- to the committee to testify about Mr. f mittee staff the kinds of problems he Bolton’s past conduct. These people, in had on a daily basis in dealing with effect, volunteered themselves to give SURFACE TRANSPORTATION Bolton. what they thought would be an accu- EXTENSION ACT OF 2005 Assistant secretaries, principal deputy as- rate view of Mr. Bolton’s behavior. It Mr. MARTINEZ. Mr. President, I ask sistant secretaries, acting assistant secre- took a lot of courage for people like unanimous consent that the Senate taries coming into my office and telling me, Mr. Ford, Mr. Wilkerson, Mr. proceed to the immediate consider- ‘‘Can I sit down?’’ Hutchings, Ambassador Hubbard, and ation of H.R. 2566, which was received ‘‘Sure, sit down. What’s the problem?’’ others to come forward. I am very con- from the House. ‘‘I’ve got to leave.’’ cerned they may pay a price for this The PRESIDING OFFICER. The ‘‘What’s the problem?’’ ‘‘Bolton.’’ brave action, and I very deeply regret clerk will report the bill by title. if this should turn out to be the case. I The assistant legislative clerk read When asked if he got similar com- think their motive in coming forward as follows: plaints about other Under Secretaries, was to promote the national interests he replied: A bill (H.R. 2566) to provide an extension of of our country. In that sense, I think highway, highway safety, motor carrier safe- On one occasion, on one particular indi- they are true patriots. They have noth- ty, transit, and other programs funded out of vidual. The rest were all about Undersecre- the Highway Trust Fund pending enactment tary Bolton. ing to gain by opposing the nomina- tion. of a law reauthorizing the Transportation In summarizing this experience The PRESIDING OFFICER. The Sen- Equity Act for the 21st Century. Wilkerson stated, ‘‘I think he’s a lousy ator’s time has expired. Mr. MARTINEZ. I ask unanimous leader. And there are 100 to 150 people Mr. SARBANES. In fact, they have consent that the bill be read a third up there’’—meaning at the U.S. mis- much to lose. time and passed, the motion to recon- sion to the U.N.—‘‘that have to be led. Mr. President, this nomination ought sider be laid on the table, and any They have to be led well, and they have to be defeated. I urge my colleagues to statements be printed in the RECORD. to be led properly.’’ join me in opposing it. We can do bet- The PRESIDING OFFICER. Without Being ambassador to the United Na- ter, and, for the sake of our country, objection, it is so ordered. tions is not just a representational job; we must do better. The bill (H.R. 2566) was read the third it is also a management job. There are The PRESIDING OFFICER. The Sen- time and passed. 125 full-time, permanent State Depart- ator from Arizona. f ment employees working there at our Mr. MCCAIN. Mr. President, I would NOMINATION OF JOHN ROBERT mission alongside numerous detailees like to ask if we could get a unanimous BOLTON TO BE THE REPRESENT- from other agencies and departments. consent request here. The Senator from ATIVE OF THE UNITED STATES The ambassador has supervisory re- Arizona, my colleague from Arizona, I OF AMERICA TO THE UNITED sponsibility over all these people. Most believe is next. How long does he wish? NATIONS—Continued are career civil servants, and they are Mr. KYL. I would like to speak for 10 there to represent the policies of the minutes. The PRESIDING OFFICER. The Sen- President and to serve the interests of Mr. MCCAIN. The Senator from Mas- ator from Arizona is recognized for 10 the Nation. sachusetts? minutes. The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Nine minutes. Mr. KYL. Mr. President, I rise in ator’s time has expired. Mr. MCCAIN. I ask unanimous con- very strong support of John Bolton to Mr. SARBANES. I ask unanimous sent that the Senator from Arizona be be our next ambassador to the United consent to proceed for 2 minutes to recognized for 10 minutes, the Senator Nations. I have known Mr. Bolton for a conclude the statement. from Massachusetts for 10 minutes, and long time. He is a great individual, a The PRESIDING OFFICER. Is there me for 10 minutes following that. great representative of the United objection? The PRESIDING OFFICER. Is there States, and, most importantly, the per- Mr. SARBANES. What are they going objection? son the President wants to represent to do up there in New York if John Mr. KENNEDY. Reserving the right the United States at the United Na- Bolton repeats the kind of abusive be- to object, may I ask that Senator tions. It is the responsibility of the havior that led people in the State De- OBAMA be recognized subsequent to Senate to act on his nomination be- partment, under incredible pressure, to that? cause the President has requested us to seek the support and counsel of their Mr. MCCAIN. Fine. do so. assistant secretaries? There will be no The PRESIDING OFFICER. Is there Mr. Bolton has successfully cham- one in New York to shield them from objection? pioned a number of multilateral initia- the wrath and vindictiveness of John Mr. MARTINEZ. Mr. President, I tives during the time he has been Bolton. would like to be recognized as well in working for the Bush administration. Mr. President, unfortunately, it the ensuing sequence. My under- He is committed to the success of the seems to have become, for some, a fa- standing is it has been going back and United Nations and sees it as an impor- vorite pastime to assault the United forth between the sides. The Senator tant component of our diplomacy and Nations. They it for failing to from Connecticut spoke, and then the is a strong voice for U.N. reform. resolve many of the problems that have Senator from Maryland spoke. That I am concerned that a lot of debate occurred in the world. But I think we caused us to have a little bit of a has shifted to matters that have noth- have to acknowledge that the U.N. has scheduling issue, so I would like to ing to do with his qualifications and a role to play in preventing conflict continue on that schedule and then some of which attempt to assassinate and promoting cooperation. Skillful allow myself to be recognized. his character. There is no question he

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5963 is qualified for the job. In fact, Mr. Nations. But there is some feeling that ated during the 1980s. In that same ca- Bolton has been confirmed by this body until Senators have access to these pacity, he led the effort to repeal per- on four separate occasions previously. names, we should not act on the Bolton haps the most heinous resolution in Most of the Members objecting to him nomination. U.N. history, the resolution equating now have voted for him in the past. Talk about a non sequitur, the Sen- Zionism with racism. He also served as They did so based upon his substantive ate routinely does not have access to a member of the Commission on Reli- views, not any allegations about his these names. They are highly classi- gious Freedom. conduct. fied. They get into the sources and He has been there. He has fought on A lot of it has to do with the fact methods of our intelligence. It is ap- behalf of the United States. He has that there is opposition to President propriate for certain people in the ad- been an effective diplomat. Yes, he is a Bush’s policy in different regards, and ministration to gain access to the tough guy. People have noted that. Do Mr. Bolton’s nomination is a surrogate, names, which is why, as is noted, there we want a weak Representative at the in effect, for a debate about that pol- were 489 requests for those names by United Nations? Especially today? I icy. We can have a debate about the people within the administration—10 of don’t think so. President Bush is the President’s foreign policy, but we which came from Mr. Bolton. There person who has talked to all of these should not hold up the nomination of a was nothing wrong with that. diplomats and Presidents and rep- man with the qualifications of John As to whether Senators want access resentatives of countries around the Bolton for a position we need to fill in to these names, if that is something we world. He has a good feel of what it the process of having that debate. need to take up with the intelligence takes at the United Nations now. None Moreover, I am concerned about community, the Intelligence Com- of us has the President’s experience in some of the charges that have been mittee is entirely capable of doing knowing all these world leaders. The made about him. One of the allega- that, but it has nothing to do with Mr. President has thought about this and tions—the Senator from Connecticut Bolton’s qualifications to serve and our said, knowing all these people, the way was speaking about this—has to do need to act on his nomination. they act, how we use diplomacy at with some requests Mr. Bolton made I suggest we cut through all of this United Nations: I think the best guy to which have been examined by the Intel- smokescreen and get to the question of represent the United States at this ligence Committee. Mr. Bolton’s job at whether John Bolton is qualified to point in time is my man John Bolton. the State Department is to deal with serve in the position the President He is the man I want to send there. this kind of information, and what the would like to have him serve. That is We ought to acknowledge that the Intelligence Committee did in response the real question. President knows a little bit about for- to the request of the chairman of the Let me note a couple of other things eign policy and foreign affairs, having Foreign Relations Committee was to I am aware of that he has done in his worked with all these people, and prob- look into the matter. Here is the re- position of Under Secretary of State ably has a pretty good idea of what it sponse, on May 25, just quoting two for Arms Control and International Se- takes to get our country’s interests paragraphs from the letter of the chair- curity. represented well at the United Nations. man of the Senate Intelligence Com- Probably the most significant and, John Bolton is the man he wants us to mittee. He said: frankly, one of the most significant confirm in that position. achievements of the State Department There are a variety of other things After completing an examination of these Mr. Bolton has worked on with respect issues I found no evidence that there was itself in the last 4 years was John anything improper about any aspect of Mr. Bolton’s initiative to develop the to U.N. reform and efforts to reform Bolton’s requests for minimized identities of President’s Proliferation Initiative. the International Atomic Energy Agen- U.S. persons. I further found no violation of Over 60 countries are now participating cy and a variety of other items. I will conclude by noting that we all procedures, directives, regulations or law by in that initiative, and it is, frankly, Mr. Bolton. Moreover, I am not aware that appreciate the fact that the United Na- one of the key reasons we disarmed anyone involved in handling these requests tions needs reform, and John Bolton is Libya with its nuclear program. had any concerns regarding these requests at a person who can accomplish that re- John Bolton has played a key role in any point in the process. form. He has accomplished a great deal the implementation—creation and im- The chairman of the Intelligence in the matter that is primarily of im- plementation—of the G–8 Global Part- Committee also said: portance to us these days—the pro- nership Against the Proliferation of Committee staff interviewed INR analysts liferation of weapons of mass destruc- and NSA officials responsible for processing WMD and WMD Materials. Under that tion and the . I believe all requests for the identities of U.S. persons program, we have doubled the size of the charges made against him have contained in signals intelligence products. the nonproliferation effort in the been answered, of course—they have None of the individuals interviewed indi- former Soviet Union by committing been answered in spades—but we ought cated there was anything improper or inap- our G–8 partners to match our dollars to move beyond all that smokescreen propriate about Mr. Bolton’s requests. We with programs under the so-called also were briefed by General Michael Hay- and get back to the central point, Nunn-Lugar CTR effort. which is John Bolton is the man the den, former Director of the NSA and the cur- He was instrumental in concluding rent Principal Deputy Director of National President wants at the United Nations, Intelligence. He also stated that Under Sec- U.N. Security Council Resolution 1540, he has been confirmed by this body retary Bolton’s requests were not only ap- which for the first time identifies pro- four times before, there is no question propriate, but routine. In fact, INR records liferation of weapons of mass destruc- about his qualifications and his desire, indicate that since May 2001, INR submitted tion as a threat to international peace and the Senate needs to uphold the 489 other requests for minimized identities. and security—a resolution, by the way, great tradition of this body by acting Ten, by the way, had been requested that was adopted unanimously. on—debating, certainly, but acting on by Mr. Bolton. He has been a big advocate of U.N. re- the President’s nominees and con- So what Mr. Bolton did was routine form. For example, while serving as As- firming John Bolton by 7 o’clock to- and proper. There was nothing im- sistant Secretary of State for Inter- night. proper about it. As the chairman of the national Organizations, he detailed his The PRESIDING OFFICER. The Sen- committee noted, they found abso- concept of a ‘‘Unitary U.N.’’ that ator from Massachusetts. lutely nothing that would suggest any- sought to ensure management and Mr. KENNEDY. Mr. President, would thing improper in Mr. Bolton’s activi- budget reforms across the U.N. system, the Chair remind me when I have 2 ties. This is all a smokescreen. There is and that is something that is sorely minutes left, please. nothing there. needed. Almost everybody acknowl- The PRESIDING OFFICER. Yes. The last point on this matter had to edges that the U.N. needs this kind of Mr. KENNEDY. Mr. President, it is do with the fact that the Senate, it is reform today. premature for this nomination even to alleged, should have access to all of John Bolton is the guy who has be brought up before the Senate until these names. This has nothing to do worked tirelessly on this effort, includ- we have the opportunity to see all the with Mr. Bolton’s qualifications to be ing, by the way, the payment of arrear- obviously relevant information on Mr. the U.S. Representative at the United ages in U.N. assessments that were cre- Bolton’s record.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5964 CONGRESSIONAL RECORD — SENATE May 26, 2005 I want to congratulate our friends had said that a speech by Mr. Bolton on We agreed to the Six-Party Talks, and colleagues, Senator BIDEN, Senator Cuba did not accurately reflect the as- but have not effectively engaged the DODD, Senator KERRY, Senator SAR- sessment of the intelligence commu- North Koreans. At Mr. Bolton’s urging, BANES, and the other members of the nity. So what did John Bolton do? He our policy’s been AWOL so far. committee, for the outstanding job personally went to the CIA to try to The results may be deadly. When they have done on this nomination. have him fired. President Bush came to office, North The obvious conclusion from the ad- Mr. Bolton’s contempt for anyone Korea’s plutonium program was inac- ministration’s stonewalling is that the with opposing views was not limited to tive. Its nuclear rods were under seal. documents being withheld from the intelligence officers who disagreed Then the President called North Senate contain nothing to support the with him. Korea part of his Axis of Evil. As we nomination and will only make it even When two State Department officers prepared for war with Iraq over nuclar clearer that Mr. Bolton is the wrong in the nonproliferation Bureau dis- weapons that did not exist, we learned choice for this extremely important agreed over policy, he sought their re- that North Korea had begun a secret position. moval. uranium enrichment program. When The United Nations is the world’s He accused Rexon Ryu, a career civil we confronted North Korea, but then preeminent diplomatic body. We need a servant, of intentionally withholding a refused to negotiate with it, North representative there who is a strong cable on the U.N. inspection process in Korea expelled the international in- and effective leader, who believes in di- Iraq from his office. Nine months later, spectors and began producing pluto- plomacy, and who has a proven record John Bolton denied Mr. Ryu a signifi- nium for nuclear weapons. On the eve of using diplomacy to advance Amer- cant new assignment as the point per- of war with Iraq, North Korea pulled ica’s foreign policy and national secu- son for the Nonproliferation Bureau for out of the Nuclear Nonproliferation rity objectives. the upcoming G–8 summit. Treaty. Now more than ever, America needs In the case of a State Department At the beginning of the Bush admin- to put our best face forward to the lawyer, Mr. Bolton tried to remove him istration, North Korea was already international community. We can—and from a legal case on China sanctions, thought to have two nuclear weapons. should—do far better than John based on a misunderstanding of a posi- They are now believed to have up to Bolton. tion the lawyer had taken. eight such weapons—and possible Jeane Kirkpatrick, who served as the These are not isolated incidents of more—and they may well be preparing U.S. ambassador to the United Nations disgruntled employees. They represent for a nuclear test. under President Reagan, has spoken of a clear and troubling pattern of a bully One of our worst national nightmares the need to approach the job of U.N. who repeatedly tried to silence opposi- is nuclear material or even nuclear ambassador in a ‘‘low key, quiet, per- tion by attempting to intimidate ana- weapons in the hands of al Qaeda, with suasive and consensus-building way.’’ lysts and subordinates into conforming North Korea as their supplier. As she says: to his views. The person guiding President Bush’s John Bolton may do diplomatic jobs for Sadly, his view is not one that envi- the U.S. government, but John is not a dip- sions a great and important role for policy on North Korea was John lomat. the United Nations. On the contrary, Bolton. His policy’s been a failure, yet In fact, John Bolton is more a bully Mr. Bolton has shown nothing but dis- the administration now wants to pro- than a diplomat. His confirmation dain for the United Nations. He has mote him to be our Ambassador to the hearings suggest that on many occa- continued to articulate a vision of a U.N. Mr. Bolton was not able to advance sions he twisted the intelligence to fit go-it-alone foreign policy. his views and wrongly pressured ana- Speaking to the World Federalist As- effective diplomacy as Under Secretary lysts to produce intelligence conclu- sociation in February 2004, he said: for Arms Control and International Se- sions at odds with the facts. He contin- There is no such thing as the United Na- curity Affairs, and there is no reason ually sought to exaggerate the intel- tions. . . There is an international commu- to believe he can advance America’s in- ligence about Cuba’s possible biological nity, that occasionally can be led by the terests at the U.N. weapons activities and support for ter- only real power left in the world and that is The challenges facing America are rorism. He continually sought to exag- the United States, when it suits our interest serious—terrorism, war, ethnic con- gerate Syria’s nuclear activities be- and when we can get others to go along. flict, ancient and modern rivalries, dis- yond what the intelligence analysts re- He said: ease and poverty, human rights—all garded as accurate. Rather than accept The Secretariat building in New York has these are still the pressing daily reali- the analysis produced by the intel- 38 stories. If you lost 10 stories today, it ties—for peoples throughout the world. ligence community, Mr. Bolton in- wouldn’t make a bit of difference. The need for a strong United Nations sisted on advancing his own views and These are not the views of a person as an effective international organiza- retaliated against those who disagreed who is supposed to represent America’s tion and a strong U.S. Ambassador to with him. He should be held account- diplomatic interests in the inter- advance our interests is clear and com- able for this behavior, not rewarded national community. These are not the pelling. and promoted. views of an individual who, as the Ad- As Franklin Roosevelt said about The lessons of the are abun- ministration argues, is well suited to America in 1945: dantly clear. We need to make deci- reform the United Nations. We have learned that we cannot live alone, sions based on facts and sound analysis These views are likely to make Mr. at peace; that our own well-being is depend- of intelligence. Bolton less effective, not more effec- ent on the well-being of nations far away We need to encourage intelligence tive, pursuing our interests at the . . . . We have learned to be citizens of the analysts to ‘‘speak truth to power’’ United Nations. We can’t expect the world, members of the human community. It when intelligence is in danger of being support of other nations on issues that is not a Republican or Democratic or Amer- distorted, manipulated, or misrepre- matter to the United States, if we show ican community. It is a world community. sented. We can’t demand the results we nothing but contempt for other na- In the age of instant global commu- want and try to fire people who refuse tions. nication, trade zones that span hemi- to go along. But that’s precisely what In fact, on one highly important spheres, transnational criminal gangs, Mr. Bolton repeatedly tried to do. issue where diplomacy is desperately international terrorism, and the pros- He tried to fire Christian needed—North Korea—Mr. Bolton has pect of nuclear devastation—the need Westermann a State Department intel- been consistently wrong. of nations to work together is greater ligence analyst in the Bureau of Intel- The nuclear threat from North Korea than ever. The challenges we face ligence and Research, who disputed the continues to grow. North Korea is al- today are too complex, too immense, misleading language that Bolton tried ready the greatest proliferator of bal- and too pervasive for the United States to use about Cuba and biological weap- listic missiles. Desperate, and strapped or any nation to face alone. ons. for cash, the threat is very real that The United Nations is the one and In another incident, the National In- North Korea could be a source of nu- only organization through which the telligence Officer for Latin America clear material for Al Qaeda terrorists. nations of the world can link their

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5965 unique strengths in a realistic hope of But seriously, I ask my colleagues, I time we started addressing seriously building a peaceful future for all hu- ask seriously, is this unique to Mr. the energy crisis in this country. It is manity. Bolton? If a temper and an unorthodox time we got together, along with the We need a representative at the management style were disqualifiers President, in coming together to save United Nations who supports that vi- from Government service, would that Social Security. It is time we move for- sion and is committed to that future disqualify a lot of people, including ward with the Defense authorization for us all. John Bolton is not the per- maybe one or two in this body? bill and help the men and women who son for that job, and I urge my col- But the fact is, it is worth wondering are defending this Nation and sacri- leagues to vote against him. not whether Mr. Bolton is a mild, ficing as we speak. The PRESIDING OFFICER. The Sen- gentle diplomat—we know he is not— I strongly urge my friends on the ator from Arizona. but, rather, whether he is a representa- other side of the aisle, we are going to Mr. MCCAIN. Mr. President, I rise to tive we need at the United Nations. We have a cloture vote this evening. After speak again in support of John need an ambassador who knows the that, let’s vote up or down. For my col- Bolton’s confirmation as U.S. ambas- U.N. We need an ambassador who is leagues who disagree and do not want sador to the United Nations. When I willing to shake up an organization Mr. Bolton there, I respect their views. spoke in April in favor of Mr. Bolton, I that requires serious reform. Is there But let’s go ahead and give him an up- highlighted a number of his qualities, anyone in this Senate who does not be- or-down vote before we go into recess including that he is smart, experi- lieve the United Nations needs serious for a week. Let him go. If the Senate in enced, hard working, talented, and he reform, an organization that has coun- its wisdom approves of his nomination, knows the United Nations. In view of tries such as Sudan on its Human let’s go ahead and let him get to work these and other impressive qualifica- Rights Commission or whose General rather than wait a week or 10 days or more. We have been at this for weeks. tions, the Senate has confirmed him Assembly equates Zionism with rac- four times in the past. Let’s move on to other things. ism? If we asked our constituents, What It is worth repeating several times: We all know about the oil-for-food would you like us to do, take up the The Senate has done its work and con- scandal that is unfolding now. We Defense authorization bill? Take up an firmed him four times in the past. know there have been several calls for In his current job as Under Secretary energy bill? Try to work on this deficit reform. One of my friends, Brent Scow- problem that is mortgaging their fu- of State for Arms Control and Inter- croft, served on a panel that was tures? Sit down and negotiate a bipar- national Security, he has compiled a named by the Secretary General. And tisan agreement on Social Security? record of accomplishment. For exam- Kofi Annan has presented his own seri- Those would be their priorities. Let’s ple, next week marks the second anni- ous plan to implement these rec- move ahead tonight, have the cloture versary of the Proliferation Security ommendations because the United Na- vote, have a vote on Mr. Bolton, and Initiative, a multilateral effort to stop tions needs reform. move forward and plan for when we trafficking of weapons of mass destruc- Why do I care so much? I care for a come back from the recess, addressing tion and their components. John broad variety of reasons, including the the issues that are important to the Bolton spearheaded this program since fact that my taxpayer dollars support American people. its inception, and today more than 60 some 20 percent of the United Nations I yield the floor. countries support it. This success alone operations. The United Nations needs The PRESIDING OFFICER. The Sen- should disprove the argument that Mr. reform. The United Nations has failed ator from Illinois. Bolton is somehow an arch in peacekeeping operations throughout Mr. OBAMA. Mr. President, let me unilateralist, bent on subverting col- the world. Some of the scandals con- begin my statement today by outlining lective international action. cerning peacekeeping activities, of what I think this debate is not about. The PSI is not his only multilateral rape in the Congo, have got to be I do not believe this debate is about success. He has also helped to con- changed. The United Nations needs the Mr. Bolton being rude on occasion. struct the G–8’s global partnership to presence of a tough, hard, dedicated in- This debate is not about Mr. Bolton secure dangerous technologies and ma- dividual who has been already con- being blunt. The debate is not about terials. He led the negotiations leading firmed in various posts four times by Mr. Bolton occasionally losing his tem- to the Treaty of Moscow which dra- this Senate. per. matically reduced the size of deployed Elections have consequences. One As the distinguished Senator from nuclear arsenals in the United States consequence of President Bush’s reelec- Arizona just noted, if this is the cri- and Russia, and in his previous post as tion is he has a right to appoint offi- teria, many of us in the U.S. Senate Assistant Secretary for International cials of his choice. I stress this because would not be qualified to serve in a po- Organizations he led the successful the President nominates. It is not my sition that requires confirmation. Al- drive to repeal the U.N. resolution choice, or any other Senator’s, but the most all of us lose our cool from time equating Zionism with racism. President’s choice. When President to time and say things we come to re- A lot has been made in recent weeks Clinton was elected, I didn’t share the gret later. Let me add, I don’t think about Mr. Bolton’s personal disposition policy views of some of the officials he this debate is about whether Mr. in dealing with colleagues. Let’s be nominated, but I voted to confirm Bolton is an intelligent man. These are not the issues at the heart frank: He is not a career diplomat ei- them, thinking that the President has of the strong bipartisan objections that ther by profession or temperament, but a right to put into place the team he have been voiced on this nomination. then, the role of ambassador to the believes will serve him best. The crux of the objections is very U.N. has always required something The Foreign Relations Committee specific, very credible allegations that special. A look back at some of the per- has spent weeks investigating Mr. Mr. Bolton sought to shade intelligence sonalities who have held this job—from Bolton’s background. In his recent re- and sideline career intelligence ana- Adlai Stevenson to Daniel Patrick port on behalf of the committee major- lysts who did not agree with his policy Moynihan, from Jeane Kirkpatrick to ity, Senator LUGAR, one of the most re- views. This is the core of the bipartisan Richard Holbrooke—shows that direct- spected individuals in this Nation, de- objections to this nomination. ness and forcefulness are assets, not termined ‘‘the end result of all this is Over and over again, we heard from a hindrances, to effectiveness at the U.N. that Secretary Bolton emerged looking range of career officials and Bush ad- We all know Mr. Bolton is perhaps better than when it began.’’ Chairman ministration appointees that Mr. not the world’s most beloved manager LUGAR ultimately concluded that Mr. Bolton sought to massage intelligence nor one to keep his temper entirely Bolton is a highly qualified nominee. I to fit an ideological bias. Let me em- under wraps. Perhaps I have a certain agree. phasize, these are objections coming bias in that direction and an extra spe- In the last 48 hours or so I have no- forward from Bush appointees. cial sympathy because I am well ticed a change in the temperature In addition, we have 102 former am- known to my colleagues as always around this body. I am very pleased bassadors and senior diplomats who op- calm and never engaged in any con- about it. We realized it is time to move pose Bolton—from the Nixon adminis- troversial issues nor activities. ahead with the people’s business. It is tration, the Ford administration, and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5966 CONGRESSIONAL RECORD — SENATE May 26, 2005 that bastion of fuzzy-headed liberalism, not impressed. Let’s look at his track tion such as Iran that is developing nu- the Reagan administration. record. clear weapons, is a state sponsor of ter- In an environment where reliable in- On North Korea, the approach that rorism, and is meddling in Iraq. telligence is one of the best tools we has been advocated by both Mr. Bolton Perhaps this paralysis and incoher- have to keep us safe, we must heed the and this administration has simply not ence is best illustrated by the fact that lessons from the Iraq war: Intelligence worked. Under Mr. Bolton’s watch, since 2001, the administration has must never be shaped to fit policy there are no longer international in- tried—to my knowledge, without suc- views. Dissent within the intelligence spectors and cameras at any site in cess—to formulate a Presidential Di- community should not be muzzled or North Korea. The North Koreans have rective on Iran. As the top non-pro- suppressed; it should be respected and withdrawn from the Non-Proliferation liferation official at the State Depart- encouraged. Treaty. We now believe North Korea ment, Mr. Bolton should have been The United States Senate should be has developed material for six to eight doing more to shape a workable policy sending a clear, unequivocal statement nuclear weapons. instead of letting it drift dangerously to our intelligence officers: We want When North Korea has one or two nu- along for the last 4 years. you to play it straight and call it like clear weapons, the situation is critical. Mr. President, I know my time is you see it—even if it is something we They can test one weapon, and hold running short, so let me conclude with do not want to hear. one weapon. When it has six to eight, a couple of simple points. I am afraid that by voting to confirm the situation is terminal. North Korea Two examples are frequently cited by Mr. Bolton, we will fail to send that can now test a weapon, hold a couple, Mr. Bolton and his supporters as evi- critical message. and sell the rest. And we know that dence of his success and competence in Now, I believe the President is enti- North Korea will do virtually anything his current position: Libya and the tled to the benefit of the doubt when for the money. Proliferation Security Initiative. Dur- appointing senior members of his team. Another area Mr. Bolton was respon- ing his confirmation hearings, Mr. To that end, I have supported a number sible for is the Non-Proliferation Trea- Bolton touted these successes over and of the President’s choices for top for- ty, a critical tool for helping to pre- over again. eign policy positions, including Sec- vent the spread of nuclear weapons to Now, I agree with Mr. Bolton that we retary Rice; Robert Zoellick, to be her rogue states, which could ultimately have made important progress on these deputy; and Nick Burns, to fill the fall into the hands of terrorist organi- issues. But reports suggest that the third-ranking position at the State De- zations. Libya deal was struck in spite of Mr. partment. President Bush recognized the impor- Bolton, not because of him. In fact, Mr. I think we should provide some def- tance of the NPT and pledged to Bolton was sidelined from the negotia- erence to the President. The executive strengthen this treaty in a 2004 speech tions by the White House. And, the branch is primarily responsible for the at the National Defense University. A British Government specifically asked day-to-day operations of our foreign week later, Mr. Bolton promised to do that Mr. Bolton not play a role in this policy. the same. process. At the same time, the Constitution What has happened since? Virtually I quote from an MSNBC article that gives the Senate the power to advise nothing. The administration has made specifically addresses this issue: and to consent. This is a responsibility very little progress on this issue, and Bolton, for instance, often takes and is I take very seriously. the Non-Proliferation Treaty review given credit for the administration’s Pro- And so, because of Mr. Bolton’s con- conference currently underway is not liferation Security Initiative, an agreement sistent breach of the line between prac- going well. to interdict suspected WMD shipments on ticing politics and analyzing intel- An article from MSNBC reports: the high seas, and the deal to dismantle Libya’s nuclear program, a deal that Bolton, ligence—that is pivotal to our national The United States has been losing control by the way, had sought to block. But [a] security—I intend to vote ‘‘no’’ on the of the conference’s agenda this week to Iran former senior Bush official . . . says that, in and other countries, a potentially serious nomination of John Bolton to be our fact, Bolton’s successor, Robert Joseph de- setback to U.S. efforts to isolate Tehran. representative to the United Nations. serves most of the credit for these achieve- I agree with much of what my col- Where has Mr. Bolton been through- ments. This official adds that it was Joseph leagues have said about the problems out this process? who was in charge of counterproliferation at with Mr. Bolton’s qualifications to According to the same article: the NSC [and] who had to pitch in when serve in this position. But I would like [S]ince last fall Bolton, Mr. Bush’s embat- Bolton fumbled preparations for the NPT to focus on one issue that I believe has tled nominee to be America’s ambassador to conference as well. not been covered in great detail—Mr. the United Nations, has aggressively lobbied Now, here is my point: If there was Bolton’s performance in his current for a senior job in the second Bush adminis- clear evidence that Mr. Bolton is a ter- job. tration. During that time Mr. Bolton did al- rific diplomat, maybe I could under- It has been suggested we should over- most no diplomatic groundwork for the NPT stand how some in the Senate could conference . . . officials say. Everyone knew look the troubling aspects of Mr. the conference was coming, and that it overlook what I consider to be a moun- Bolton’s record—the fact that he ap- would be contentious, says a former senior tain of evidence concerning his misuse pears to have attempted to manipulate Bush official, but Bolton stopped all diplo- of intelligence and say: You know intelligence data; the fact he does not macy on this six months ago. what, this guy is such a capable admin- appear to have been entirely forth- In other words, Mr. Bolton was more istrator and diplomat, we need him to coming before the Foreign Relations interested in lobbying for the U.N. job reform the United Nations. Committee; and the fact we still can- than doing the tough groundwork nec- I would still believe that the misuse not get basic information from the essary for a successful review con- of intelligence, in and of itself, dis- State Department on his nomination— ference. qualifies Mr. Bolton from the job, but for one reason: because Mr. Bolton is so Let’s turn to Iran—another issue on at least I could understand why some competent for the job. I have heard which Mr. Bolton should have been people would draw such a conclusion. this argument repeatedly from the working to formulate a coherent, But the record indicates that in his other side of the aisle. workable administration strategy. In- current job he has not had much suc- I am baffled by this reasoning. I am stead, the administration’s policy has cess, which leads me to ask: Why is it stupefied by the suggestion that Mr. been all over the map. In a hearing be- we are so confident this is the person Bolton is such an excellent choice for fore the Foreign Relations Committee who is going to lead reform in the the job, so uniquely qualified for this last week, a senior State Department United Nations? job, that we should just ignore all of official described the latest iteration of The distinguished Senator from Ari- these other problems. the Administration’s policy as a ‘‘pa- zona is exactly right, we need reform in When I look at the record of Mr. tient policy.’’ the United Nations. It is inexcusable Bolton during the last 4 years as the I would say the policy has been less some of the things that go on up there. top arms control and nonproliferation about patience and more about paral- But as a consequence of Mr. Bolton’s official at the State Department, I am ysis—a dangerous situation for a na- diminished credibility and stature, I

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5967 think he is exactly the opposite of and three of those in the area of diplo- that, Mr. Bolton has been speaking what we need at the United Nations. macy. about this for over a decade. He wrote Countries such as Zimbabwe and I am intrigued by the comments of some very interesting articles, which I Burma, and others that do not want to the Senator from Illinois about Mr. took the time to read, about United see reform take place at the UN, are Bolton’s diminished stature. It appears Nations reform, about streamlining going to be able to dismiss our efforts that now we are going to find him un- that bureaucracy, about better budg- at reform by saying: Mr. Bolton is a qualified by what has transpired over etary management. Sadly, although his U.N. basher, someone who is ideologi- the last 60 days to this good man, as writings are 8 or 10 years old, even cally opposed to the existence of the his record has been trashed repeatedly, longer, little has been done to move U.N.—thereby using Mr. Bolton’s own oftentimes with scant or little evi- the ball forward, to change that sty- words and lack of credibility as a dence. mied bureaucracy that continues not shield to prevent the very reforms that So let me say I believe this is a good to use taxpayer dollars appropriately need to take place. man who has earned the right and has and who has engaged in some condem- Moreover, I have yet to hear a com- been chosen by the President of the nable practices in recent days. prehensive plan from Mr. Bolton or the United States to represent our Nation One of the charges I find most un- administration for U.N. reform. at this very important post. fair—and its repetition does not add to So let me close by saying this: When The Senator from Arizona spoke its credibility—is the charge that Mr. the Foreign Relations Committee con- about elections having consequences. Bolton has politicized intelligence, has sidered Mr. Bolton’s nomination, I in- The fact is, President Bush not only massaged intelligence, has not used in- voked the memory of Adlai Stevenson, has made this choice but has made a telligence adequately. There is no evi- a great citizen of the State of Illinois. choice of someone who he believes is dence, for those of us who sat in the Stevenson had the credibility, the tem- the right person to lead our efforts at Foreign Relations Committee meetings perament, and the diplomatic skill to this time at the United Nations. and heard the evidence of those who guide the United States through some Mr. Bolton is someone who has some- spoke, that Mr. Bolton ever massaged of the worst, most difficult times at times been called blunt speaking. At intelligence. There is evidence that Mr. the United Nations—especially the the same time, our President at times Bolton acted swiftly to try to explain Cuban missile crisis. has irked people because of the direct- to those who worked for him how they During this crisis, we were able to ness of his language, because of the should approach the clearance of his isolate the Soviets because of the stat- fact that sometimes he calls a spade a speeches. And he did react strongly to ure and integrity of our permanent rep- spade. I do recall, as a member of his those who tried to go around him and resentative to the United Nations. Cabinet, sitting in a joint session of attempted to impact or influence that Given the issues that have surfaced the Congress when a great deal of talk which would be clear for him to say. surrounding Mr. Bolton’s nomination, I was generated about him speaking It is, in fact, at times difficult to simply ask my colleagues this: If a cri- about an ‘‘axis of evil.’’ The President study intelligence and analyze it in a sis were to occur with North Korea or has chosen this direct man to be at the way that gives it clear and complete Iran, are we sure the integrity and United Nations, and at a time when we clarity. So what do we do? We have in- credibility of Mr. Bolton would com- need direct talk. There is a great tradi- telligence analysts. We have human mand the respect of the rest of the tion at the United Nations of people beings who are, similar to historians world? Would Mr. Bolton, like Adlai who have been plain spoken. and journalists and all of us in life, Stevenson, be able to convince the I have had the pleasure and honor of given to the proclivities of their own world that our intelligence and our knowing Ambassador Jeane Kirk- bias, their own life experience, their policies are right and true? Would Mr. patrick. No one has ever suggested that own political views. Through that fil- ter, comes the intelligence which Bolton be able to isolate our enemies Ambassador Kirkpatrick was shy, re- comes not in a clear package but as a and build a coalition that would ulti- tiring or unclear about her views. I mosaic, something that comes in bits mately make our troops safer and our also had the honor of knowing someone and pieces and dribs and drabs. Out of mission easier? who was ambassador to the United Na- that, we have to make a whole cloth. I believe the answer is no. There are tions, Vernon Walters. I know Vernon We have to create a judgment. That is some wonderful, capable, tough, con- Walters embarked on many diplomatic missions, usually to set the record where judgment comes in. servative, reform-minded Republican Those who are in politically ap- straight with some foreign leader, usu- diplomats who are well qualified for pointed positions have the responsi- ally to tell him bluntly what needed to this task and would easily be con- bility to challenge the professionals in be done or said. If there is any doubt firmed by the Senate. Mr. Bolton is not the intelligence community as they about that, there is a wonderful book one of them. seek to put together the ultimate judg- he wrote about his life called ‘‘Silent I would urge that the other side of ments about what the pieces of infor- Missions’’ that provides good evidence. the aisle seriously consider their posi- mation tell them concerning the truth We hold up Adlai Stevenson as some- tion on this nomination. I hope we can of that intelligence. muster the votes to send this nomina- one who should be emulated. The fact In that instance, at times, maybe Mr. tion back to the President. Let’s start is, Ambassador Stevenson, who was a Bolton has had differences, but in afresh. I know we can do better. wonderful public servant as well, at every single instance that could be Thank you, Mr. President. times used rather blunt language. I can overturned—and believe me, his record The PRESIDING OFFICER (Mr. remember as a child being glued to the has been combed carefully—there was BURR). The Senator from Florida. TV set during the missile crisis with never a time when Mr. Bolton went Mr. MARTINEZ. Mr. President, I rise Cuba and the Soviet Union, and Adlai outside that which was approved and to strongly support the nomination of Stevenson demanding: Don’t wait for that which was cleared. John Bolton to be the United States the translation. He was prepared to use It is important to me that the record next permanent representative to the blunt language. It is in our national in- be clear about Mr. Bolton’s statements United Nations. I do so because I be- terest, at times, to have direct, blunt- on the issue of bioweapons capabilities lieve this is a man of great integrity speaking people, particularly at a place by Cuba. In his speech at the Heritage who has dedicated himself to serve this like the United Nations. Foundation, which has caused so much Nation in various different posts over We have heard, in the course of the controversy and interest, he used the the course of his life. debate, that Mr. Bolton should not be very same language that 3 months ear- I want to try hard not to repeat a lot qualified for this job because he spoke lier one of his accusers, Carl Ford, had of what has been said already because of the fact that out of the 38 stories at used before a Senatorial committee. it is, I know, at times repetitious. But the U.N. building, perhaps 10 could be That language, which stands to this I do believe it is important we recog- done away with. Who here does not, in day, reads: nize and know this gentleman has been a serious way, believe that the United The United States believes that Cuba has previously confirmed by the Senate in Nations bureaucracy could use some at least a limited developmental offensive bi- four prior Presidential appointments, streamlining? More interesting than ological warfare research and development

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5968 CONGRESSIONAL RECORD — SENATE May 26, 2005 effort. Cuba has provided dual use bio-tech- with that policy approach, and much that is in desperate need of reform and nology to rogue states. We’re concerned that has been said about that. In fact, in the an institution where he has taken the such technology could support [bioweapons] Presidential debate, there was discus- time, over the history of his work, to programs in those states. We call on Cuba to cease all [bioweapons] applicable cooperation sion of this very issue. Again, elections talk about those issues of reform— with rogue states and to fully comply with have consequences. President Bush’s management reform and budgetary re- all its obligations under the Biological approach to proceeding with the six- form. Weapons Convention. party approach to negotiations with Our Nation contributes a very sizable I believe those are responsible re- North Korea is what is continuing percentage of the U.N. budget. It is our marks. I believe those are timely re- today. taxpayer dollars that are being wasted marks. I believe those are remarks We cannot blame Mr. Bolton for at the U.N. and that are oftentimes not that are intended to make the world those instances where foreign policy only not serving our national interests safer and to make America safer from issues have not gone as we wished and but are, in fact, harming our national terrorism by bioweapons. Sharing bio- then refuse to give him credit for those interests. weapons technology with rogue states that have been successful. That is the We have a person with Mr. Bolton’s is not a good thing. The fact that Mr. height of unfairness and the height of experience, and it has been suggested Bolton would dare to call their hand on hypocrisy. that he is someone who is simply not it is not a bad thing. We should be In Libya, our policies have met with going to be effective at the U.N., and grateful to Mr. Bolton for his direct- success. Negotiations on Libya’s weap- he is not going to be effective because ness, for his bluntness, for his willing- ons of mass destruction dismantling ef- it keeps being repeated that he will not ness to take on this issue and speak fort were conducted at a senior level by be effective there. about it clearly. the CIA and White House negotiators. Mr. Bolton has a strong record of ac- It has also been said that Mr. Bolton Mr. Bolton was not a part of that proc- complishment. I point to the repeal of may not have done a good job at his ess, as often is the case for diplomats. the Zionism as racism resolution, on last assignment. I repeat, again, that I can recall a distinguished ambassador which Mr. Bolton led the effort that this is the fourth time the Senate, to the United Nations, Adlai Steven- was so important in establishing a dy- after a Presidential appointment, has son, when President Kennedy received namic paradigm so the Middle Eastern sought to confirm Mr. Bolton, most re- information, with photographs by our peace process could move forward, so cently as Under Secretary of State for reconnaissance airplanes, that there that fundamental fairness toward Arms Control and International Secu- were offensive missiles hidden in Cuba, Israel could also prevail at the U.N., a rity. Adlai Stevenson did not have that in- place that has been so incredibly harsh A number of states around the world formation. We know now, from the on Israel and its right to exist. pose great danger and concern. We books that have been written about I am delighted and it is with great spoke about Cuba. It is one of those. that, he was highly offended that he pleasure that I support the nomination But there is also Iran. As to Iran, on was not included in or given that infor- of John Bolton to be the next Perma- Under Secretary Bolton’s watch, Iran’s mation until later when it had been nent Representative at the U.N. formerly covert nuclear program has made public. The fact is, sometimes di- I yield the floor. been exposed and has been described in plomacy has to be conducted in serious The PRESIDING OFFICER. The Sen- detail in seven public reports by the and closed circles. Mr. Bolton success- ator from Rhode Island is recognized. IAEA director general. The IAEA board fully oversaw WMD dismantling and re- Mr. REED. Mr. President, I rise to of directors has adopted six resolutions moval from Libya. speak in opposition to the nomination calling on Iran to suspend its nuclear In addition, I believe there have been of John Bolton to be ambassador to the fuels cycle activities and fully cooper- a number of other unfair accusations United Nations. ate with IAEA inspections. There are two issues at stake. First The EU—particularly UK, France, about Mr. Bolton’s conduct in terms of is an issue of whether this Senate will and —the United States, and his relationship with subordinates. receive critical information so that we Russia are working closely to suspend The fact is, some of these allegations can deliberate carefully and thor- and reverse Iran’s nuclear program and have been found to be completely de- to develop a complete absence of any void of any merit. In fact, the majority oughly about Mr. Bolton’s nomination. further nuclear testing by them. Today report on the Melody Townsel case— So far, the State Department, as my we had some encouraging news. We one of those that was so sensational, colleagues, Senators DODD and BIDEN, hope we can build on that. That is a that caused the Foreign Relations pointed out, failed to provide informa- success that, in no small measure, is Committee to defer consideration of tion under the theory that they get to due to Mr. Bolton’s work. his nomination until 3 weeks later—the decide what we should know when we In addition, we have talked about investigation on page 315 of the report are casting a vote as important as am- North Korea. I find it terribly inter- says: bassador to the United Nations. It is a esting that the irrational behavior of The investigation was not able to establish novel theory, but it holds no water. If the North Korean Government, which conclusively that the alleged events even oc- we allow this to go on, it will make the we all know to be irrational and uncon- curred. Senate irrelevant when it comes to ventional, would be laid at the feet of The fact is that, along with many of major decisions about nominations and this nominee. North Korea has had nu- these other allegations that have real- major decisions about the future policy clear aspirations for decades. And it ly nothing to do with the qualifications of the country. began an active effort to acquire nu- and competence of Mr. Bolton, has The second issue is the qualifications clear weapons years before the Bush been found to be either without merit of Mr. Bolton to be ambassador to the administration came into office, years or with very little merit. United Nations. For me, this is not a before Mr. Bolton was in the position Mr. President, in conclusion, it is particularly hard vote. I opposed Mr. he holds. The 1994 agreed framework time that we move forward with this Bolton’s nomination to be Assistant was doomed to fail and was only a good man’s nomination. I find it, as a Secretary for Arms Control. That was short-term Band-Aid to the resolution fairly new Member of the Senate, a lit- based upon my review of his record, his of this problem. It was akin to looking tle disturbing and disappointing how statements, and his commitment to down a soda straw and at a plutonium easily and with little hard evidence a arms control and counterproliferation. facility and ignoring the fact that person’s reputation can be tarnished. Frankly, I think over the last several North Korea began cheating, almost as The fact is, there have been bits and years—the record is mixed, but in large the ink was drying, by embarking on a pieces that were either exaggerated or part it suggests that his duties there covert uranium enrichment program. simply not found to have merit that certainly don’t warrant a promotion to The Bush administration changed have been now utilized to try to derail be ambassador to the U.N. tracks. The Bush administration took this good man’s nomination. He was instrumental in establishing a different policy approach. I look forward to Mr. Bolton’s service the Proliferation Security Initiative, I understand there may be some on at the U.N. I think he will be a good which is a potentially useful frame- the other side of the aisle who disagree and effective reformer in an institution work, but as CRS pointed out:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5969 Without greater resources, legal authority times, in the long run we are better John Bolton was picked by the Presi- or technical tools for interdiction, the suc- when we ally with other nations than dent. A President ought to be able to cess of PSI may rest on a political commit- striking out alone. Mr. Bolton has a bring people into his administration, ment of like-minded states to follow different view of the U.N. men and women, who share the values, through. In 1994, he stated: the aspirations, the goals, of that ad- In a sense, after all of the initial There is no such thing as the United Na- ministration. This President also rep- hype, there does not appear to be the tions. . . .If the U.N. Secretariat Building in resents the views of most Americans followthrough necessary to make this New York lost 10 stories, it wouldn’t make a who believe the United Nations needs work. That was on Mr. Bolton’s watch. bit of difference. reforming. We need to bring someone He also negotiated the 2002 Moscow That is a narrowed-minded view and into that position to get those reforms Treaty, but this is an interesting arms not historical. The U.N. has made a dif- done. control treaty. It has no verification ference. I believe very strongly John Bolton regime. There is no requirement for ei- Repeatedly, Mr. Bolton talked about is exceptionally well-qualified for this ther side to make adjustments in the his disdain for the U.N. In 1998, he was task. This is a time of change, a time status of nuclear weapons until the responding to the ramifications of not of improvement that is necessary for last day of the treaty, which is years paying U.N. dues. In his words: the United Nations. from now. It has no provisions for con- Not only do I not care about losing the During the protracted committee tinuing negotiations. Again, more style General Assembly vote, but actually see it as process, we saw all sorts of sensational- than substance, more press release a ‘‘make my day’’ outcome. ized charges and outright fabrications than real progress. That is not the kind of cavalier atti- against John Bolton. His nomination Secretary Rice has indicated that tude that will bode him well as ambas- nonetheless, has finally reached the Mr. Bolton was involved in negotia- sador to the United Nations, where he Senate where I am sure my colleagues tions which led to a significant break- becomes one of the chief diplomats in will see the wisdom in confirming John through—the renunciation of nuclear our diplomatic arsenal, if you will. Bolton. This debate provides an oppor- weapons by the Government of Libya. In an article in , tunity to have a full discussion on However, if you listen to British offi- Elizabeth Jones stated: John Bolton and his qualifications to cials participating in the negotiations, I don’t know if he’s incapable of negotia- serve as Ambassador to the United Na- they requested that the White House tion, but he’s unwilling. tions. take Mr. Bolton off the negotiating Ms. Jones believed that: What has been lost in this entire de- team because he was undermining their ‘‘The fundamental problem,’’ if Mr. Bolton bate from the very beginning as they potential for success. were to become U.N. ambassador, would be a are off on tangents, detours, and all While Mr. Bolton was an Under Sec- reluctance on his part to make the kinds of sorts of allegations. What is being retary for State for Arms Control, the minor, symbolic concessions necessary to missed—and what I hope my colleagues United States withdrew from the ABM build consensus among other governments and the American people will focus Treaty, becoming the first nation since and maintain the American position. on—is the dire need for change in the World War II to withdraw from a major In another view by Jeane Kirk- United Nations. The need for account- international security agreement. patrick, former U.S. ambassador to the ability, the need for scrutiny, the need Mr. Bolton also blocked efforts to U.N. and referred to by my colleague for reform. add a verification clause to the Bio- from Florida, she stated: In testimony before the Foreign Re- weapons Convention, blocked negotia- John Bolton may do diplomatic jobs in the lations Committee and in interviews tions in the Geneva Conference on Dis- U.S. Government, but John is not a dip- conducted by the committee staff, armament with respect to the lomat. there is almost no mention, or discus- weaponization of space, and worked to Frankly, the role of ambassador re- sion, of what needs to be done to re- weaken a treaty on small arms traf- quires a diplomat, not someone who is form the United Nations. John Bolton ficking. an intellectual bully, not someone who is a man with the skill, wisdom, prin- That is not the record of somebody is there to make a point and not to ciples, and the right person to un- who is an Arms Control Under Sec- make progress, not someone there to flinchingly lead those changes as our retary committed to ending prolifera- send a message, to deride the work of representative. tion. If you look at North Korea, when his colleagues at the U.N. Much of the debate during the com- he took over, they had, at most, two So I think we have a responsibility mittee consideration and some of the nuclear weapons. Now, North Korea on two fronts: First, to assert rather things that have been said in the Sen- may have as many as eight—four times strongly that we are relevant to this ate has been focused on the sensibili- the peril and danger. That is not a process, that we need information, and ties of some who are apparently easily record that compels a promotion. that executive agencies do not decide offended. There is a fascination with I think this is a situation in which what information we need. And second, speech crafting. For example, there is other factors have come into play—as- Mr. Bolton’s record to date, his state- concern over what Mr. Bolton said at a sertions and allegations that he has ments to date, his attitude to date sug- speech to the Heritage Foundation con- pushed the envelope with respect to in- gest he will not be an effective ambas- cerning Cuba’s biological weapons pro- telligence, about threats from Syria sador to the United Nations. As a re- gram and how that might be shared and other countries. Again, this is not sult, I urge that his nomination be op- with rogue nations. a record that deserves promotion, a posed. The reality is, and I will quote this record of someone who is in a chal- Mr. President, I yield back my time. for the record so if anyone wants to see lenging world and is able to make a I suggest the absence of a quorum. what was actually said that created major, positive difference with respect The PRESIDING OFFICER. The this controversy. What was actually to arms control, and it reflects the ad- clerk will call the roll. said is the following by John Bolton at ministration’s disdain for the process The legislative clerk proceeded to the Heritage Foundation in the speech of arms control and counter- call the roll. ‘‘Beyond the Axis of Evil,’’ May 6, 2002: proliferation. Mr. ALLEN. Mr. President, I ask Here is what we now know. The United Now Mr. Bolton has been nominated unanimous consent that the order for States believes that Cuba has at least a lim- to be ambassador to the U.N. And once the quorum call be rescinded. ited offensive biological warfare research again, Mr. Bolton is reflecting the ad- The PRESIDING OFFICER. Without and development effort. Cuba has provided ministration—this time their disdain objection, it is so ordered. dual-use biotechnology to other rogue states. for the U.N. I believe that is wrong. Mr. ALLEN. Mr. President, I rise to We are concerned that such technology could We should have recognized, after our offer to my colleagues my strong and support biological weapons programs in those states. We call on Cuba to cease all bi- experience in Iraq, that we cannot go it unequivocal support for John Bolton ological weapons applicable cooperation with alone. As unpleasant as international and his nomination to be our United rogue states and to fully comply with all of organizations can be sometimes, as in- States representative to the United Na- its obligations under the Biological Weapons efficient and unworkable as they are at tions. Convention.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5970 CONGRESSIONAL RECORD — SENATE May 26, 2005 Well, one of the people, a very cheer- ships and terrorists, as well as being a our European and other allies around ful fellow, Carl Ford, complained about waste of the taxpayers’ money. the world, to make sure that rogue na- the sensibilities of some staff person. Over the last year, we have witnessed tions do not acquire those nuclear Here is what he said in testimony to scandal after scandal in the United Na- weapons. the Foreign Relations Committee. He tions. Unfortunately, these are not We have seen in recent years that the said: issues that can be addressed by a few United Nations can provide an impor- The United States believes that Cuba has marginal changes. These are issues tant role in helping the spread of de- at least a limited developmental offensive bi- that have shaken the credibility of the mocracy. They can be helpful in re- ological warfare research and development United Nations and caused many citi- building societies that are emerging effort. Cuba has provided dual use bio-tech- zens in the United States, and people from decades of tyranny and repres- nology to rogue states. We are concerned around the world, to really wonder sion. that such technology could support biologi- whether the U.N. has any relevance in The United Nations has a role to play cal weapons programs in those states. We the future or has a redeeming role in in the future of global affairs and secu- call on Cuba to cease all biological weapons applicable cooperation with rogue states and world affairs. rity, but it can only do so if it takes se- to fully comply with all its obligations under Now, the United Nations was founded rious steps to reform the extraordinary the Biological Weapons Convention. on: corruption and ineptitude that has Mr. President, I see you are squinting faith in fundamental human rights, in the plagued it in recent years. and trying to probably figure out: Well, dignity and worth of the human person. Now, John Bolton comes to this nom- what is the difference? There is no dif- While the United Nations performs a ination with a broad and deep knowl- ference. It is the same in the speech as number of admirable endeavors, it is edge of international affairs. From his was the testimony from Mr. FORD in also beholden to tyrants, dictators, and early days as General Counsel at the the Foreign Relations Committee. repressive regimes in certain cir- U.S. Agency for International Develop- Then, we hear from folks talking cumstances. Not considering the scan- ment during the Ronald Reagan admin- about: Oh, people were upset because of dals, this is an organization that has istration, to his most recent post as all of this concern on how this speech allowed some of the world’s worst vio- Under Secretary of State for Arms was constructed. Well, here is the re- lators of human rights to chair its Control and International Affairs, Mr. ality. The whole process was one in Commission on Human Rights. Just Bolton has spent a great deal of time which the person who was clearing this when the United States has made a working on advancing the interests of language did some things that were in- commitment to the spread of freedom the United States and our foreign pol- appropriate. An e-mail from Thomas and justice throughout the world, it is icy. Fingar to Thomas Bolton stated the difficult for Americans—I know in Vir- Some have wrongly criticized John following: ginia, in North Carolina, and elsewhere Bolton as a rigid unilateralist who is around this country—to see the United incapable of building consensus with I looked at what my guy sent to the IC and that won’t happen again . . . Choice of the Nations as anything other than wast- allies. However, his years of service phrase ‘‘does not concur’’ was entirely inap- ing their tax dollars. When a country prove otherwise. propriate . . . we have no role whatsoever in such as Libya is chairing the Human On counterproliferation, Mr. Bolton’s determining how you or any policymaker Rights Commission. Sudan is on the efforts gave life and actual meaning to says what you want to say beyond sug- Human Rights Commission, and within President Bush’s Proliferation Secu- gesting alternatives that we think might be the last several weeks, Zimbabwe has rity Initiative. Under John Bolton’s cleared more readily than what has been been made a member of the Commis- leadership, a dangerous gap in counter- drafted if time was of the essence and the sion. This is certainly not an indica- proliferation enforcement on the seas drafter asked for such advice. tion that the Secretary General’s call has been filled by international co- The bottom line, he ends it: for reform of the Commission on operation and information sharing. We screwed it up, but for base reasons. It Human Rights is at all being heeded. Sixty countries were brought together. won’t happen again. Now, as public servants and stewards That is not working alone. He under- So John Bolton had a reason to be of the American taxpayers’ dollars, we stands, if we are going to interdict concerned about how some things went need to make sure the revenues we al- weapons of mass destruction, biological around through the loops and so forth. locate are being put to good use. The weapons, nuclear or otherwise, we do The reality is, as many individuals, our United States and the people of this need the support of other countries. colleagues, fellow Senators, particu- country, the taxpayers, every single In addition, Mr. Bolton helped create larly on the Foreign Relations Com- year, are providing $2 billion to the the Global Partnership at the G–8 sum- mittee—in recent months, once John United Nations. We will provide over 22 mit in Alberta, Canada, in 2002. This Bolton had been nominated for this po- percent of the U.N.’s regular budget in partnership doubled the size of the non- sition—were talking about how he was 2005. proliferation effort in the former So- rude maybe, or irascible with some I believe all Americans want reforms viet Union by committing our G–8 staff, or concerned about this, that, or enacted that would prevent future partners to match the United States’ $1 the other. Things that have supposedly abuses in programs like the Oil-for- billion per year Cooperative Threat Re- come up in recent years, of course, Food Program, where Saddam Hussein duction or Nunn-Lugar program. each and every one of these allegations and his thugs skimmed off $20 billion. I He also played a central role in nego- have been refuted and the truth has think we also, as Americans, want to tiating the Treaty of Moscow, which come forth. hold accountable U.N. peacekeepers will reduce operationally deployed nu- The reality is that when John Bolton who commit crimes against children. clear weapons by two-thirds. was proposed and nominated to be We have an obligation to work with Elimination of North Korea’s nuclear Under Secretary of State, back in 2001, like-minded reformers in the U.N. to threat still requires much hard work, Senators BIDEN, BOXER, KERRY, DODD, make sure policies are implemented to but it is clear that the half century and SARBANES—all of them—voted prevent similar abuses in the future. stalemate that has allowed the North against John Bolton. That was even be- Now, reform is absolutely necessary Koreans to steal or develop nuclear fore they knew about these tangential in the United Nations. The United Na- arms technology is over. Growing pres- issues. tions is in a crisis, and the United sure is on that dictatorship, and John Now, I would prefer, when looking at States has a strong interest in seeing it Bolton’s role at the State Department the United Nations, we would be, as a emerge as a credible and relevant insti- in creating it are being confirmed by country, united in making sure we pur- tution once again. The U.N. Security the torrent of personal invective di- sue the abuse and anti-Americanism Council and International Atomic En- rected at him from the North Korean that pervades the United Nations. ergy Agency, otherwise known as Government. Rather than get off on these tangential IAEA, are needed forums for discussing While our Ambassador there might and unfounded charges, I am much the proliferation of nuclear weapons have had his sensibilities offended by more concerned about the United Na- and the actions that need to be taken, John Bolton calling the North Korean tions being used as a front for dictator- not just by the United States but with regime a ‘‘repressive dictatorship,’’

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5971 which seems to be accurate, as well as going to be a lapdog. He is not going to to advance our foreign policy and goals saying it is a ‘‘hellish nightmare’’ for get seduced by niceties. He is going to at the United Nations. people to have to live in. North Korea, say: This is what needs to be done. Let me conclude with these final which I might not have used the first As Assistant Secretary of State for thoughts. In 1945, when it reported the word, but it is certainly a nightmare, International Organizations—and this U.N. Charter to the Senate for ratifica- it seems to me to be very accurate de- is, indeed, working with the United Na- tion, the Senate Foreign Relations scription. tions—John Bolton—and you can read Committee wrote that: Of course, some have criticized John what Secretary of State Lawrence . . . neither this Charter nor any other docu- Bolton for doing that. And gosh, the Eagleburger wrote—led the effort to ment or formula that might be devised can North Koreans called him ‘‘human have the United Nations change its odi- prevent war. . . . The establishment of the United Nations will at best be a beginning scum.’’ I am going to stand with John ous resolution that equated Zionism toward the creation of those conditions of Bolton in his characterization of North with racism. Now, to get the United stability throughout the world which will Korea. In fact, they say of John Bolton: Nations to say that they ever did some- foster peace and security. Oh, this was not helpful for him to be thing wrong and to repeal it—similar As we know, the United Nations has calling North Korea or characterizing to anything that even happens here, to fallen short of these expectations. But it as it is. say we did something wrong and to re- a better, more accountable United Na- He helped break a long international peal some law—takes some negotia- tions may better serve our interests silence, while there are some who tion. John Bolton was able to get the much more reliably. think, when you are dealing with a re- United Nations to repeal that odious Thus, the Bolton nomination offers pressive dictatorship, the best thing to resolution. the Senate an opportunity to again do is just be quiet, calm them down, It is a clear, a very clear—example of play a historic role in bringing sensible try to coordinate them into a corner, his ability to stand by principle, stand reform to the United Nations. It is pet them, don’t get them agitated, and for what is right, and also to work co- worth the effort. John Bolton is the maybe they will just change on their operatively with other countries in the right person to advocate our principles, own. Maybe there are those who think United Nations. and he will not be easily seduced by you can have editorials in newspapers So in my view, John Bolton has the empty, meaningless, courteous pontifi- and that is going to matter to tyrants knowledge and experience to effec- cations of international bureaucracies. and dictatorships. They don’t care tively represent the United States at John Bolton will bring much needed about public opinion. They don’t care the United Nations and to negotiate reform and accountability to the about human rights. All they care the changes that need to be made to United Nations, that is in dire need of about is power and staying in power. ensure its relevancy and its credibility such to regain its credibility. He will So John Bolton, in my view, per- in the future. All of us want a United be a watchdog, and that is what I think formed a valuable service in breaking Nations that is with us, working to ad- the taxpayers of this country want. He this long international silence about vance free and just societies and is going to be a strong diplomat, a man the suffering of the people in North human rights around the world. We do of vision, and an integral part of an ad- Korea. For too long, savage conditions, not want them squandering, wasting ministration team that has proven its condemned by food aid workers, and money, propping up repressive regimes, readiness to foster positive change glimpsed by visitors to the North, re- being a front for terrorist regimes. We throughout the world. ceived very little, very scant world at- need the United Nations to remember The Senate, at 6 o’clock this evening, tention. By magnifying the human di- what its charter is. I hope, will take action—take action, mension of the North Korean problem, Now, unfortunately, the committee and very positive action. There will be his work may hasten the day when was forced to spend a majority of its some differences, but let’s recognize these abhorrent human rights viola- nomination hearing and subsequent that this is a historic time, a time for tions in North Korea will end. The re- meetings on tangents, exploring wild change in the United Nations, a time ality for North Korea is that we need claims, and not addressing the issues for reform. And these reforms will be the Chinese. The South Koreans, the that face the United States at the positive. Our taxpayers will support Japanese, and the Russians are all very United Nations. Nor has the debate these changes. I think freedom-loving countries and important but as a practical matter been much about John Bolton’s quali- people who are not yet tasting that the ones who really prop up that re- fications to serve as our representa- sweet nectar of liberty will also appre- tive. gime is the Government of the People’s ciate these changes. The billions of dol- Most of those who have complained Republic of China. lars going to the United Nations will be When people are allowed to escape and made charges against John Bolton used for positive, constructive change from North Korea, what happens? They never had any intention of considering in implementing and fostering the con- get to some embassy in China and they the merits of his nomination in the struction of those pillars that are so get sent back to North Korea. Guess first place. When considered, as I said essential for a just and free society: what happens? They get tortured and earlier, for his current position, all of The freedom of religion, freedom of ex- in some cases they get killed. We need these—Senators BIDEN, SARBANES, pression, private ownership of prop- DODD, BOXER, and KERRY—voted to make sure that if somebody can get erty, and the rule of law. Those are the against him. We have had many unsub- out of that regime—just as if someone principles we need to address, and we could have gotten out of East Germany stantiated claims and rumors and exag- are, as a country, in advancing the or Czechoslovakia or Hungary or Po- gerated innuendo. I do see the Senator United Nations, consistent with its land; if they somehow could get out of from Wisconsin, who did vote for him Charter, which ought to be a strong those countries and escape to Austria, the other time, so it does not apply to ally, not an impediment, in those ef- to West Germany, to the Netherlands, Senator FEINGOLD. I hope the Senator forts. to Denmark, we certainly would not recognizes I did not list his name. I I hope we will work with John Bolton say: Go on back in there and let the think, as people look at these overly and the United Nations to bring forth East German police take care of you or hyped charges, they have been refuted. this reform, improve the credibility let the Soviet puppets in the Eastern They do not have any bearing on John and, in fact, the effectiveness of the Bloc take care of you. Bolton’s ability to serve as our ambas- United States and the United Nations, So, I think John Bolton has done a sador to the United Nations. to advance freedom and justice for peo- great job in pointing out the human A President should have the preroga- ple throughout the world. rights violations in North Korea. Some tive to select the men and women—un- I thank you for your attention, Mr. may also not agree with his forthright less there is some extraordinary, prov- President, and I yield the floor. critique of the United Nations and its en infirmity or criminal violation—he The PRESIDING OFFICER (Mr. failings. I think Mr. Bolton has clearly determines to advance and lead his ini- ALEXANDER). The Senator from Wis- placed a great deal of thought into his tiatives and also to keep the promises consin. views, and he can work with the United he made to the American people. Presi- Mr. FEINGOLD. Mr. President, I rise Nations’ bureaucracy. But he is not dent Bush has nominated John Bolton to oppose the confirmation of John

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5972 CONGRESSIONAL RECORD — SENATE May 26, 2005 Bolton to be the next U.S. ambassador jected. According to interviews con- staff that Bolton attempted to retali- to the United Nations. I do not take ducted by the committee staff, ate against at least two public servants this decision lightly. As the Senator Bolton’s office pushed back, resisting in the non-proliferation bureau because from Virginia just pointed out, when the intelligence community’s efforts to of differences in their policy views. Mr. Mr. Bolton’s nomination was first an- alter problematic provisions. Bolton Bolton tried to remove a State Depart- nounced, my vote was by no means a was determined to be such a loose can- ment attorney from a case relating to foregone conclusion. In fact, in 2001, non that the Deputy Secretary of State a sanctions issue because of perceived when the Senate Foreign Relations instituted an extraordinary policy to policy disagreements—the record sug- Committee considered the nomination address the problem, requiring all of gests that Mr. Bolton actually mis- of Mr. Bolton to be the Under Sec- Mr. Bolton’s public presentations to be understood where the lawyer in ques- retary of State for Arms Control and cleared by Larry Wilkerson, Secretary tion stood—and went so far as to sug- International Security, I parted com- Powell’s Chief of Staff, or Deputy Sec- gest that he would not work with the pany from my Democratic colleagues retary Armitage himself. State Department’s entire legal bureau on the committee to vote in favor of Regrettably, I do not have confidence on the matter from that point on—a his nomination both in committee and that his personal agenda would always, declaration quickly negated by Deputy on the floor. as it must be, subordinated to that of Secretary Armitage, who felt com- I did so because I generally believed, the Secretary of State who, in testi- pelled to remind Bolton that as a State as the Senator from Virginia said, that mony before this committee in her Department official, he would indeed the President has the right to choose first days in office, has placed such a be working with the State Depart- executive branch nominees who share premium on restoring frayed diplo- ment’s lawyers. This kind of tunnel-vi- his overall world view, even when I do matic ties. sion, everyone-else-out-of-the-room ap- not share that world view. Barring se- In addition, information that came proach was summed up by Secretary of rious ethical lapses or a clear lack of to light during the Senate Foreign Re- State Powell’s Chief of Staff Larry appropriate qualifications for a given lation Committee’s consideration of Wilkerson, who told the committee staff, ‘‘when people ignore diplomacy job, I tend to give the President a great this nomination indicates that John that is aimed at dealing with [North deal of latitude in making these ap- Bolton has sought to punish intel- Korea’s nuclear weapons development] pointments. ligence analysts whose assessments did But after examining the record, I not support what Mr. Bolton wanted to in order to push their pet rocks in have concluded that Mr. Bolton is fun- say or wished to say. After all that has other areas, it bothers me, as a dip- damentally unsuited for the job to happened to our country’s reputation lomat, and as a citizen of this coun- try.’’ When asked specifically if he which he has been nominated. His bla- and credibility in recent years, we can- thought that Mr. Bolton had done that, tant hostility toward the institution at not afford to tolerate, let alone pro- Wilkerson said, ‘‘Absolutely.’’ Mr. which he would serve and his history of mote, a policymaker who seeks to si- Wilkerson ended his interview with the pursuing his personal policy agenda lence dissent from the intelligence committee with the following: while holding public office lead me to community. What the committee found question whether Mr. Bolton’s appoint- was not that Mr. Bolton made careless I would like to make just one statement. I remarks in the heat of a tough bureau- don’t have a large problem with Under Sec- ment as our ambassador to the United retary Bolton serving our country. My objec- Nations would serve the interests of cratic dispute; the evidence shows that tions to what we’ve been talking about the United States. over a period of many months, Mr. here—that is, him being our ambassador at I share the views of many who are in- Bolton repeatedly sought the removal the United Nations—stem from two basic sisting on reform at the U.N. The U.N. of a respected intelligence analyst at things. One, I think he’s a lousy leader. And must become more effective and more the State Department who had raised there are 100 to 150 people up there that have accountable and, as stewards of the concerns about language Mr. Bolton to be led; they have to be led well, and they wished to use publicly, in the course of have to be led properly. And I think, in that American taxpayers’ dollars, we must capacity, if he goes up there, you’ll see the insist on this point. But Mr. Bolton’s the standard clearance process, a proc- proof of the pudding in a year. Second, I dif- record suggests that his personal ani- ess that is there to protect against fer from a lot of people in Washington, both mosity toward the United Nations is so misleading or inaccurate public char- friend and foe of Under Secretary Bolton, as great that he cannot effectively lead acterizations of important security to his, ‘‘brilliance’’. I didn’t see it. I saw a the charge for reforms that can make issues. And Mr. Bolton repeatedly man who counted beans, who said, ‘‘98 today, this vital, but deeply flawed, institu- sought the removal of the National In- 99 tomorrow, 100 the next day,’’ and had no tion stronger and more effective. telligence Officer for Latin America, willingness—and, in many cases, no capac- ity—to understand the other things that He seems to view the U.N. as an in- again pursuing this vendetta for were happening around those beans. And strument to be used when it suits only months, not heated minutes, and going that is just a recipe for problems at the our immediate interests but one best so far as to consider blocking country United Nations. And that’s the only reason ignored or even undermined the rest of clearance for Mr. Smith to travel that I said anything. the time. His failure to grasp the give abroad. In both cases, the offense that Some have suggested that, because and take required for effective so incensed Mr. Bolton appears to be Mr. Bolton did not succeed in his at- multilateralism makes him a real ob- that the analysts did their jobs—they tempts to end the careers of analysts stacle to any hope of pursuing vital presented the facts as they saw them, whose dissenting views angered him, long-term U.S. interests and increasing and declined to keep silent when the and because he did not succeed in his burden sharing and marshaling a global facts did not support what Mr. Bolton attempts to manipulate the govern- force strong enough to defeat the ter- wished to say. And in both cases, senior ment’s processes to shut out voices of rorist networks that seek to do us officials with decades of experience in disagreement, caution, or dissent, harm. government who were involved in these there is no problem here. I cannot be- Mr. Bolton’s record also reveals episodes told committee staff that lieve that any of my colleagues actu- many instances of intemperance and Bolton’s actions—his attempts to re- ally believes that is true—not after all rash decisionmaking. At least two sen- taliate against these analysts—were that we have learned about the vital ior intelligence officials told com- absolutely extraordinary. importance of dissent in the intel- mittee staff that Bolton’s draft testi- In addition to these disturbing inci- ligence community from the 9/11 Com- mony prepared for a House hearing on dents, other interviews conducted by mission, the Silberman-Robb Commis- Syria in 2003 went well beyond what committee staff revealed a broader pat- sion, and numerous other investiga- the intelligence community would tern of attempting to simply cut those tions into the major intelligence fail- clear or could clear. This wasn’t a case who disagreed with his policy views, or ures that have gravely harmed our in which State Department intel- those who he believed disagreed with credibility and our security over the ligence analysts alone had concerns his policy views, out of the policy-mak- past years. Why would we choose to about Bolton’s proposed language. The ing process entirely. John Wolf, the promote to a position of prominence CIA, the Department of Energy, and former Assistant Secretary of State for and trust an individual who has repeat- the Defense Intelligence Agency all ob- Non-Proliferation, told committee edly tried to suppress inconvenient

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5973 analysis? As the former Chairman of I deeply appreciate the extraordinary and nurturing a strong international the National Intelligence Council told courage of the many people who came coalition to fight terrorism and the the committee staff, politicization forward to share with the Foreign Re- proliferation of weapons of mass de- ‘‘even when it’s successfully resisted, it lations Committee their own concerns struction. John Bolton is not that doesn’t mean that there hasn’t been an about Mr. Bolton’s fitness for the UN nominee. I urge my colleagues to reject effect, because it creates a climate of post or to correct inaccuracies in the this nomination, and let us work to- intimidation and a culture of con- record—in some cases at real risk to gether to quickly confirm a different formity that is damaging.’’ Carl Ford their own careers. I am grateful for nominee—one who represents the told this committee about his concerns their efforts, and deeply appreciate President’s views but also has the of a ‘‘chilling effect’’ that Bolton’s ac- their honesty. I hope that my col- skills, the record, and the confidence of tions with regard to Mr. Westermann leagues will consider their words care- the Senate required to be an effective could have on all of the analysts in the fully. Their statements came at a price ambassador. We can do, and we should department’s intelligence analysis bu- to them, and they should not be ig- do, much better than John Bolton. reau. And Mr. Westermann told the nored. I yield the floor. committee staff that in the wake of his In contrast to these admirable public Mr. HAGEL. I suggest the absence of run in with Mr. Bolton, ‘‘I was con- servants—many of whom, by the way, I a quorum. cerned that I had to spend time think- would likely disagree with on any num- The PRESIDING OFFICER. The ing about how I was approaching issues ber of important policy issues—the ad- clerk will call the roll. ministration has failed to be forth- so that I didn’t step on a landmine.’’ The assistant legislative clerk pro- coming in this process. Mr. President, I Attempting to undermine important ceeded to call the roll. clearance processes, attempting to run share the concerns that have been ex- Mr. ALEXANDER. Mr. President, I roughshod over the safeguards in place pressed by some of my colleagues on ask unanimous consent that the order to protect U.S. credibility, is an aw- the Committee regarding the adminis- for the quorum call be rescinded. fully big problem, whether or not the tration’s failure to respond satisfac- The PRESIDING OFFICER (Mr. attempt was successful. It is, in my torily to requests for documents and HAGEL). Without objection, it is so or- view, a disqualifying problem. information relating to this confirma- Finally, Mr. President, I urge my col- tion. The administration declined to dered. leagues to examine the record of the produce requested documents and in- Mr. ALEXANDER. Mr. President, I Foreign Relations Committee’s consid- formation, apparently because they do would like to say a few words about the eration of this nomination. It raises not believe the requested information nomination of John Bolton. The Pre- very serious concerns regarding Mr. is relevant. Quite frankly, that is not siding Officer is a member of the For- Bolton’s understanding of his obliga- for the administration to determine. eign Relations Committee, and we tions to be forthcoming with this com- Not only does the administration’s ra- spent a good deal of time listening to mittee. Several of Mr. Bolton’s answers tionale fail to respect the Congress as a testimony on the President’s nomina- to Senators’ questions were misleading co-equal branch of Government, it also tion of Mr. Bolton to be Permanent at best, and several were quite bla- speaks of bad faith and contempt for Representative at the United Nations. tantly non-responsive. A number of the role of Congress in the confirma- On the face of it, he is as well quali- these instances relate to Mr. Bolton’s tion process. fied for this position as any person who efforts to retaliate against intelligence Finally, Mr. President, during the has ever been nominated for the posi- analysts, and these are detailed in the committee’s consideration of this nom- tion. He has a distinguished back- minority report on this nominee. But ination, Senator SARBANES reminded ground, confirmed by this body, I be- others relate to more general foreign all of us of the history of the position lieve, four times, 4 years ago as Under policy issues. The Bush administra- of the United States Ambassador to the Secretary of State for Arms Control tion’s first Ambassador to South United Nations. He listed the names of and International Security. He was As- Korea, Tom Hubbard, was so troubled all 24 public servants who have held the sistant Secretary for International Or- by Mr. Bolton’s misleading character- office. Twenty-two of those twenty ganizations under the first President ization of Mr. Hubbard’s role in approv- four were confirmed by unanimous con- Bush, for whom I served. He was assist- ing a controversial speech that Mr. sent, or with unanimous votes, or with ant to Attorney General of the Depart- Bolton gave in Seoul that he felt obli- voice votes. One was confirmed by a ment of Justice in the late 1980s. That gated to contact the committee to cor- vote of 89 to 3. The most controversial would be during the Reagan adminis- rect the record. Ambassador in our history was con- tration. That is a big job. I believe he In light of the evidence this com- firmed by a vote of 81–16. We have been was the Assistant Attorney General for mittee has seen in recent weeks, most represented by some very direct, opin- the Civil Division of the U.S. Depart- of us can probably agree that if Mr. ionated, colorful characters at the ment of Justice. He was Assistant Ad- Bolton does end up being our next Am- United Nations. But we have never sent ministrator for Program Policy Coordi- bassador to the UN, extremely careful a figure so polarizing, or one with nation for USAID in 1982 and 1983. He oversight will be required. But our credibility so tattered, as the nominee was general counsel for the U.S. Agen- oversight responsibilities depend, in before us today. John Bolton does not cy for International Development. many instances, on the executive have the support of a single Democrat He has the kind of academic record branch officials who come before us un- on the Senate Foreign Relations Com- all of us would like to have: summa derstanding that they have a constitu- mittee. He does not have the support of cum laude from Yale, a JDL from Yale tional obligation to be forthcoming a majority of that committee. I do not Law School. with Congress. The record that he has understand why the administration is He comes from an enormously distin- amassed during this confirmation proc- insisting upon thrusting such a trou- guished background. As has often been ess gives me no confidence that Mr. bled nominee into such a sensitive and pointed out on this floor and in com- Bolton intends to adhere to this obliga- important post. From achieving real mittee hearings, he has some solid ac- tion. reform of the UN to rebuilding US complishments, including leading the Mr. Bolton’s nomination raises fun- credibility to creating a solid global American efforts to repeal the resolu- damental questions regarding both coalition to combat terrorism, the tion at the United Nations which credibility and accountability. The stakes at the UN are as high as they equated Zionism with racism and his credibility of our representation at the have ever been. If the President had work with the liberation of Kuwait in UN, the credibility of intelligence, the chosen a public servant of impeccable 1991 through the U.N. Security Council. credibility of the oversight process are judgment, the committee and the Sen- When former U.S. Secretary of State at stake. And the question of whether ate would have rallied around that se- Jim Baker was asked to help the or not this committee will hold offi- lection, eager to work in partnership United Nations in its work in western cials who seek to suppress dissent ac- with a nominee capable of, and com- Sahara, Secretary Baker, who is known countable for their actions is before us mitted to, mending frayed relation- for choosing exceptionally talented today as well. ships, encouraging real burden-sharing, people to work with him, asked John

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5974 CONGRESSIONAL RECORD — SENATE May 26, 2005 Bolton to work with him in the west- telligence.’’ Mr. Ford was very clear on or another person, and I have always ern Sahara in the 1990s pro bono. He de- that point in his testimony to the com- regretted it when I have and it has signed the current administration’s mittee. made me redouble my efforts to make proliferation security initiative under In other interviews conducted by our sure I swallow my pride more quickly which more than 60 nations now share Foreign Relations Committee staff and think about what I say and not do intelligence and take action to stop the since that time, another issue was that anymore. It is not good conduct. transfer of dangerous weapons. raised about a disagreement about in- It is not good business. But just how So I was not one bit surprised when telligence. One of Mr. Bolton’s subordi- significant is this? Mr. Bolton made an impressive appear- nates who was on detail from the CIA Here is what former Secretary of ance before the Foreign Relations sent a report to the Deputy Secretary State Larry Eagleburger had to say Committee on the first day of our tes- of State for review and was unhappy about it a couple of weeks ago in the timony. He demonstrated command of that another bureau had put a memo Washington Post. This deserves special the issues facing the United Nations. on top of that report that said the re- attention. He got a lot of intense questioning, as port was incorrect. That certainly Larry Eagleburger was Secretary of he should from Senators, for such an sounds like a lot of inside baseball to State for the first President Bush. But, important position. The questioning people outside of Washington, and it in a way, he was more than that. Larry lasted for more than 7 hours. He was sounds like a simple disagreement to Eagleburger had 27 years in the For- calm and collected. He answered the me, a disagreement over intelligence eign Service. We hear a lot of times questions with great skill and accu- that is quite common, from what even that a football player is a football racy, I thought, and he focused on the Mr. Ford said. In this case, there is no player’s player, or a man is a man’s need for reform of the United Nations. evidence Mr. Bolton was even aware of man, or a woman is a woman’s woman. He brought with him for that testi- the dispute. So, again, no evidence of Larry Eagleburger is a Foreign Service mony strong support of former Secre- politicization of intelligence. Rather, Officer’s Secretary of State. He had taries of State Jim Baker, Larry it appeared that different staff mem- and has enormous respect from those Eagleberger, Al Hague, Henry Kis- bers were arguing for their own point men and women who put their lives on singer, George Shultz, and endorse- of view, which should not surprise any- the line daily around the world and in ments from more than 50 former am- one around here. the United States in support of our di- bassadors. I was with one of those am- There have been a variety of other plomacy, our foreign policy, and our bassadors a few weeks ago, a man very charges and suggestions. Mr. Bolton country. well known in this body, a former Sen- has had the pleasure that many Presi- Here is what Larry Eagleburger had ator and majority leader, Howard dential nominees had. I was once a to say about John Bolton in an op-ed in Baker. Howard Baker has just returned Presidential nominee and went through : from 4 years as Ambassador to Japan. a confirmation process when the Sen- ‘‘As to the charge that Bolton has been tough on superordinates,’’ Secretary He did a tremendous job there, as ev- ate was in the hands of the Democrats. Eagleburger said, ‘‘I can say that only in eryone expected him to, but he re- So they made sure that everything more than a decade of association with him marked to me privately and said I was about me was pretty well known and in the State Department I never saw or free to say it publicly—in fact, he vol- explained. They took time to do it. I heard anything to support such a charge, nor unteered the information—about how was as polite and happy as I could be. do I see anything wrong with challenging in- he had dealt with Secretary Bolton No one enjoys all of that, but it serves telligence analysts on their findings. They during those 4 years in Tokyo, these its purpose, and it served its purpose can, as recent history demonstrates, make last 4 years, from time to time, and with Mr. Bolton as well. mistakes. And they must be prepared to de- fend their findings under intense ques- how impressed he was with him and In the end, it is my judgment, after tioning. If John pushed too hard or dressed how much he enjoyed working with attending the hearings, reading the down subordinates, he deserves criticism but him. He liked him. He said he spoke testimony, conferring with others who it hardly merits a vote against confirmation frankly, and Senator Baker said he have known Mr. Bolton over time, that when balanced against his many accomplish- thought John Bolton would make a only one charge against John Bolton ments.’’ good ambassador to the United Na- appears to have any substance. John That is Larry Eagleburger, the For- tions. Bolton has been rude to staff members eign Service officer’s Secretary of The second day of hearings that the who are below him in the bureaucracy. State. Presiding Officer and I were privileged As I said, I imagine he is embarrassed Where Larry Eagleburger comes to be a part of was a little different. I by that. I didn’t like to hear it. Per- down is where I come down. I believe was, frankly, disappointed by what I haps he deserves to be embarrassed by the benefit of hearing Mr. Ford’s testi- heard. One of the witnesses was called those charges and perhaps he has even mony may prove to be a little bit of a forward, the former Assistant Sec- learned a lesson. But what I heard lesson to Mr. Bolton, and a reminder to retary for Intelligence and Research, hasn’t changed my vote, even though it the rest of us, us Senators, of how un- and he presented evidence about how might change Mr. Bolton’s ways of attractive it is to shout at an associate John Bolton had, in his words, chewed dealing with people with whom he or unnecessarily dress down a staff out intelligence analysts in the State works. member. Department. How significant is such a charge, I agree with Secretary Eagleburger. Mr. Ford was mad about that. He that he was rude to people in the bu- John Bolton has a distinguished back- didn’t like the fact that Mr. Bolton had reaucracy? As has been mentioned by ground and record. He has dedicated chewed out people on down the line and many others in this body, if that were himself to improving our country’s for- he came to us and told us so. He was a the standard for remaining in the Sen- eign policy. His action toward subordi- convincing witness. He was believable ate we would all have a hard time get- nates might have been inappropriate. because he didn’t overstate his case ting a quorum. There are regularly oc- Perhaps he has learned a lesson. But it and the information he gave us was in- casions when busy Senators eager to doesn’t cause me to change my vote. I formation I would rather not have make their own point are brusque— am glad to support him. known about the next ambassador to with staff members, even shout at col- This is a critical time for the United the United Nations. I am sure Mr. leagues. In fact, the shouting was so Nations. Even the Secretary General Bolton was disappointed, perhaps even loud in one business meeting of our acknowledges it is in need of reform. embarrassed to hear it. Foreign Relations Committee by some Billions of dollars filtered from the But Mr. Ford did not say, in the case of the Senators I could barely hear the U.N. coffers to Saddam Hussein’s pock- that we were talking about, that Mr. charges against Mr. Bolton. ets in the oil-for-food scandal. Top Bolton was misusing or compromising That is not attractive. I do not en- human rights abusers such as Sudan intelligence. In fact, Mr. Ford himself dorse it. It has even caused me to think and Zimbabwe sit on the Human Rights said, ‘‘In this particular case’’—the one back about times that I may have be- Commission. United Nations peace- Mr. Ford was led to complain about, come angry or brusque or impatient or keepers in Africa have been found to ‘‘there wasn’t politicization of the in- startled in dealing with a staff member rape and pillage.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5975 The United Nations has many impor- then we will not have a bold bill. But need to give incentives to individual tant roles in the world. I am glad we we are almost fortunate this did not owners to do more of that. That’s why have them. I want it to work. The pass last year because this is a more I proposed an investment tax credit so President is right in his thinking that urgent time. The natural gas prices are individual owners can take advantage we need to take action to help the $7, the highest in the industrial world. of it. United Nations reform itself and that a We have gone from the lowest in the We can do more research and devel- frank-talking, experienced diplomat industrial world to the highest in the opment in biomass and more research named John Bolton is an excellent can- industrial world. Prices at the pump and development in geothermal. Even didate for that commission. are high. We have a million blue-collar if we do all that we can do for the so- I am pleased to support this nomina- manufacturing jobs in the chemical in- called renewable energies, in the next tion. I hope my colleagues will do the dustry alone that will go overseas if we 20 years—and there is some disagree- same. do not find some way to deal with this. ment about this—in my view, we will Mr. President, I ask unanimous con- September 11 was a big surprise to still be producing about 95 percent of sent to speak as in morning business our country. Our next big surprise is our power—certainly not less than 90 for up to 15 minutes. going to be to our pocketbooks if we do percent of our power—from nuclear The PRESIDING OFFICER. Without not figure out how to deal with the power, from coal, from gas, and hydro. objection, it is so ordered. price of energy. We must figure out Now, how many more dams are going NATURAL GAS PRICES how to have a low-cost, adequate, reli- to be built in the United States? It is Mr. ALEXANDER. Mr. President, I able supply of clean energy that is in- limited. In fact, this bill addresses reli- take a few minutes to speak about nat- creasingly produced in the United censing of hydro dams. There are a ural gas prices, the prices at the pump, States of America and not overseas. good number of those in Oregon where blue-collar workers, farmers, and That is our goal. the Presiding Officer comes from. By homeowners. What is exceptional about this bill, the year 2018, according to the Na- The reason I do that is because the in my view, is that it attacks the prob- tional Hydropower Association, there Senate Energy Committee earlier lem in a much more comprehensive will be 30,000 MW of hydropower plants today did a good piece of work that I way than other versions of the bill that need to be relicensed. That’s half hope the American people understand. have. It begins with aggressive con- of the hydropower in the United By a virtually unanimous vote, 21 to servation. For example, the appliance States. This landmark, bipartisan 1, the committee, after 5 months of efficiency standards, which are in this agreement on hydro relicensing is both work, reported to this body what I hope year’s bill, are about double the effec- urgent and meaningful. will be called the Clean Energy Act of tiveness of those that were in last So if one puts all of that aside, if we 2005. year’s bill. What does that mean? It want to compete for our jobs with peo- I suppose people outside of the Sen- simply means that by some estimates ple from around the world and if the ate get tired of hearing Senators com- these standards could save at peak de- price of energy is a big part of it, what pliment one another, but I do that mand the equivalent of 45 500-mega- do we have to do? Nuclear, coal and today because this would not have hap- watt powerplants. If we save building gas. pened had it not been for the leadership 45 gas powerplants, we decrease the Over the last 10 years, almost all of of Chairman PETE DOMENICI, the Re- building of natural gas and we tend to the new powerplants in America that publican chairman of the Senate En- lower the price. make electricity have been built from ergy and Natural Resources Com- There are a good many other exam- natural gas. Now, how wise is that? mittee, and the ranking Democrat, ples of aggressive conservation. The Here we are with $7 a unit natural gas, JEFF BINGAMAN. second thing the bill does is to begin to the highest price in the industrialized We tried to do this in the last session change the way we produce electricity. world, our chemical companies, our of Congress in the Energy and Natural This country produces about 25 percent blue-collar companies using this, some Resources Committee. We were not of all the energy in the world. We use of them as a raw material—Dow Chem- able to pass an energy bill to give this it here. We have 5 to 6 percent of the ical estimates that 40 percent of the country a comprehensive energy pol- American people and we produce 25 per- cost of its production is energy. Now, if icy. Senator DOMENICI deliberately set cent of the energy. Where does that in other parts of the world natural gas out to do things different in this ses- electricity come from? It comes pri- is significantly lower, we will have a sion of Congress. He sat down with marily from what we call nonrenew- problem. We will have jobs moving Senator BINGAMAN and the Democratic ables. It comes from, first, coal; nat- from here to there. staff and pledged to work with them, to ural gas, second; and nuclear, third. We do not want to make all of our share everything with them. Senator That is 91 percent of it. Now, another 7 power from natural gas. We do it be- DOMENICI visited every member of the percent comes from dams from hydro- cause we know how to do it and be- committee, Republican and Democrat. power and about 2 percent comes from cause it is clean. That leaves us with We worked together on a variety of renewable power, which is windmills, two sources of what we call base load major hearings and roundtables. The solar, biomass, and geothermal. energy, the two things that we must coal roundtable lasted 3 or 4 hours; one If we are in competition with China find a way to use and use in a clean on natural gas lasted 3 or 4 hours. He and India for jobs, and an important way if we want to have a low-cost sup- encouraged a variety of committee part of every farm, every manufac- ply of American-produced energy. One members to become involved. turing plant, every home, is the provi- of those is nuclear, and one of those is On the Subcommittee on Energy, sion of reliable, low-cost, adequate sup- coal. which I chair, he encouraged me to go ply of energy, as a practical matter for Nuclear power is a technology that ahead and, working with Senator TIM the next 20 years, most of that will we invented in the United States, the JOHNSON of South Dakota from across have to come from nuclear power, from peaceful uses of the atom. We figured the aisle, we came up with a Natural coal, and from gas and conservation. out how to do that in the 1950s. One of Gas Price Reduction Act of 2005 into That is where it has to come. the remarkable technological stories in which we put ideas to bring down the $7 Of course, we want to do more with the United States is our Navy and its natural gas price we have today, which other kinds of energy. For example, I nuclear-powered vessels. I suppose it is is the highest natural gas price in the hope the tax committee, when it re- a classified matter exactly how many world. Senator DOMENICI and Senator ports its part of this bill, does some- we have, but we have dozens of them. BINGAMAN did their best to come up thing about solar power. We have a re- Some of them have small reactors. with aggressive ideas. newable tax credit in the law today Some of them have a couple of big re- Sometimes when Members set out to that does not do much for solar. It en- actors on them. compromise and work together, we end courages powerplants that produce Since the 1950s, there has never been up with nothing because the easiest electricity from sun. We almost don’t one single nuclear reactor accident in way to compromise is to do nothing. have any of those. What we use solar the U.S. Navy, not one. They are un- We can all agree on doing nothing and for is, we put shingles on roofs. We derwater. When they are above water,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5976 CONGRESSIONAL RECORD — SENATE May 26, 2005 they dock at ports all around the coal plant is what many of those plants ership of Senators DOMENICI and BINGA- United States, and we use them. In our will be. If India, China, Malaysia, MAN, and reserved a few issues to the country today, 20 percent of all of our Brazil, and the rest of the world build floor. Senator DOMENICI announced electricity and 70 percent of our car- only conventional coal plants, it will that we will be coming to the Senate bon-free electricity is produced by nu- not matter very much what our clean floor shortly after the recess, in a com- clear energy. Yet we have not built a air policies are in the United States be- pletely different spirit than last year, nuclear powerplant in the United cause they will produce so many pol- with all of us hoping to get a result. We States since the 1970s, not one new one. lutants around the world that when the will then put that bill with the House How wise is that? wind blows them around the world and bill and present to this country a clean Other countries in the world are. over the air in the United States, we energy act of 2005 that will lower nat- Eighty percent of France’s electricity will suffer from that. So if we solve the ural gas prices, begin to produce more is now produced by nuclear power. problem of how to burn coal in a clean American energy at home, include Japan, ravaged by nuclear weapons in way, then the rest of the world is like- more aggressive conservation, change World War II, relies on nuclear power. ly to pick up our innovation and solve the way we make electricity, and focus They build one or two new plants a their problem because they do not especially on advanced technologies for year. want to have polluted air, either. nuclear, coal gasification, and the sup- We are in competition to keep jobs So how do we do that? Well, there ply of gas. here. We want clean power. We increas- seems to be a way to do it. We call it In the short term, we are going to ingly want carbon-free power. If 70 per- coal gasification. There are several have to bring more gas in from around cent of our carbon-free electricity is technologies. I like to call it clean coal the world in liquefied natural gas. I’m nuclear, then what is keeping us from gas because that makes it a little easi- pleased that the committee adopted going ahead? This bill will help us er to talk about. the ideas I and Senator JOHNSON had on move ahead because it makes it easier The New York Times business sec- LNG siting in the energy bill. for investors to build nuclear power- tion had an excellent article on this on There is one other area I want to plants that are safe. Sunday that Senator DOMENICI gave to mention without dwelling on it too Senator DOMENICI has come up with all of us. It talked about this idea of much. One of the things I hope happens an imaginative loan guarantee pro- taking coal, turning it into gas, and as we debate this bill is that it doesn’t gram that would help launch an entire then burning the gas. That solves a change from a national energy policy new generation of nuclear powerplants. great amount of the pollution. It solves into a national windmill policy. I say Senator CRAIG, Senator DOMENICI, and the sulphur, the nitrogen, and the mer- that because one of the issues we have Senator BINGAMAN have come up with a cury part of the pollution, but it does pushed out to be debated on the floor is program that will be based in Idaho for not solve the carbon part. something called a renewable portfolio advanced research on how we build Then what we need to try to do is to standard, renewable energy. That all lower cost, more effective nuclear pow- advance the technology of capturing sounds very good. The proposal was, erplants for our country. There is a and sequestering the carbon—in other let’s make 10 percent of all of our elec- growing consensus, especially as the words, getting rid of the carbon. If we tricity by the year 2025 from renewable Kyoto Treaty and the need to be con- are ever able to do that, we could burn energies. That sounds good, too. cerned about global warming persuades coal as cleanly as we can burn gas, cap- The problem is, I don’t think it will more and more people of the impor- ture the carbon and put it in the work because all we are talking about tance of capturing carbon, that nuclear ground, and we would never have to is geothermal—that is hot water from power for the next 15 or 20 years is the worry about the Kyoto Treaty. We the ground—solar, which our incen- only logical first step to having a low- would never have to worry about the tives today don’t help much, and bio- cost, adequate, reliable supply of McCain-Lieberman bill or the Carper- mass, which is burning wood chips and American-produced clean energy. Brit- Chafee-Gregg-Alexander bill or caps on other such technologies. According to a ain recently has been coming to the carbon because we would not be pro- Department of Energy analysis, even if same conclusion that nuclear is a ne- ducing carbon. We would be producing we had such a requirement of all our cessity for a carbon-free emissions fu- it and recapturing it. Nuclear power is electric companies that they produce ture. free of it, and clean coal gasification 10 percent of their energy from renew- What is the other step? The other with carbon sequestration captures it able fuels, they couldn’t do it. They step is coal. We instinctively think and gets rid of it. could only get to 5 percent due to the coal is dirty and it is a source of a lot The other thing is that we are the way the Bingaman price caps are struc- of problems because of the pollution it Saudi Arabia of coal. We have a 500- tured. So what utilities would do real- causes. year supply of it. So if we can move istically is buy credits in a com- I live 2 miles away from the Great ahead with nuclear and clean coal gas, plicated scheme which would then raise Smoky Mountains National Park. It is we can lower the price of natural gas, the price of our electricity. We should the most polluted national park in and we can have more American-pro- be in the business of lowering energy America. The Knoxville area where I duced energy. prices, not raising them for nothing. live is one of the most polluted parts of So this legislation begins with ag- The other concern I have is that a re- our country. Why is that? There is too gressive conservation. As I said, the ap- newable portfolio standard is really a much sulphur, too much nitrogen, and pliance efficiency standards alone wind standard because geothermal and too much mercury in the air. Much of would save the building of forty-five solar and biomass will only increase it that comes from coal-fired power- 500-megawatt gas plants, but then it a tiny bit. This information I have is plants, not just from the Tennessee begins to change the way we make from an analysis that the Energy Infor- Valley Authority, which has a number electricity by research and develop- mation Agency did on Bingman’s bill of them in the area, but from all over ment in advanced nuclear technology, shows clearly that the impact of a America. The wind blows the air in, by the loan guarantee support which Bingaman RPS is growing windpower. and it backs up against the Great could be for nuclear plants of that The only way to go forward is with Smoky Mountains, which are the high- kind. It also has loan guarantees that I windmills. So the effect of continuing est mountains in the East, and we hope would help launch a half dozen the current policy is to take this coun- breathe the dirty air. So any energy coal gasification powerplants and a try from about 6,700 windmills to 40, 60, bill has to be a clean energy bill so we half dozen coal gasification plants at 80,000, depending on estimates that you can solve our air pollution problems. industrial sites. It also has research believe. My point is not to make a big There is an even larger issue with and development support for carbon se- discussion about the windmills them- coal-fired powerplants. India and questration and for other technologies selves. I don’t like to see them. I think China, with their huge economies, a that hold promise. most people don’t. The Governor of couple of billion more people, are going We still have some issues to work on. Kansas has put a moratorium on some to be building hundreds of powerplants We began with what we could agree on, windmills, as has the Governor of New in the next few years. The conventional worked 5 months on it under the lead- Jersey, and so have communities in

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5977 many parts of America, such as deduction to purchase a hybrid car or ones of us with different opinions. And Vermont and Wisconsin. I asked the an advanced diesel vehicle. Those oper- there must have been half the com- Tennessee Valley Authority to put a 2- ate about 40 percent more efficiently mittee there today when Senators year moratorium on new wind power than conventional cars. That saves a DOMENICI and BINGAMAN announced the on Tennessee until we could assess the lot of energy. For $750 million, we results at a press conference. damage it might cause to our tourism could give manufacturing incentives So I honor them for their leadership. industry and to our electric rates and for building those hybrid cars and ad- I think the American people are proud to our view of the mountains. vanced vehicles in the United States. of DOMENICI and BINGAMAN as Senators. People think of windmills and think Unfortunately, as it stands now, we New Mexico ought to be proud. It has those are nice. Grandma had one on her aren’t doing that. They would all be both of them from the same State. farm. It was by the well. My grand- built overseas because most of the good Even though we have CAFE standards parents did. But these aren’t your hybrid technology has been invented still to debate, MTBE still to debate, grandmother’s windmills. overseas and is being rented to the we have some final work to do on how We have the second largest football United States. That would be 39,000 do we site terminals for liquefied nat- stadium in the United States in Knox- jobs in the United States. ural gas, further increasing the supply ville, TN. We call it Neyland Stadium. I have with me a copy of the National of natural gas, and we will be debating One hundred seven thousand people can Commission on Energy Policy which the so-called renewable portfolio stand- sit there, and it has sky boxes that go recommends both of these ideas, the ard for how many windmills we should up as high as you can see. Just one of $2,000 tax deduction and the incentive have—all that will be sometime in these windmills would fit into Neyland for manufacturing of hybrid cars. That June. That is what we are supposed to Stadium. The rotor blades would ex- would be a wise way to spend money do as Senators. tend from the 10-yard line to the 10- for clean carbon-free energy. That is why we are here, to take both yard line. The top of the windmill There are many more good ideas: $2 sides of this issue and see if we can would go twice as high as the sky boxes billion in tax incentives for energy-effi- come to a good result. So far, I think or more. And on a clear night you cient appliances and buildings, sug- we have. could see the red lights 25 miles away. gested by Senators SNOWE and FEIN- Mr. President, I ask unanimous con- There are significant problems with STEIN. Senator JOHNSON and I had sug- sent to have printed in the RECORD fol- this power. It only works 25 to 40 per- gested $2 billion for tax incentives to lowing my speech the article on coal cent of the time. You don’t get rid of commercialize coal gasification for gasification from the New York Times any nuclear or coal plants when you powerplants and $300 million to make business section on Sunday; a letter I have the windmills because you still more effective support of another re- wrote to the directors of the Tennessee need the power. You can’t store the en- newable energy, solar energy, which Valley Authority, asking them to put a ergy for your lights or your computer has basically no support the way our 2-year moratorium on wind power until and all the things you use electricity laws are written today. we had an opportunity—we in Congress for going all the time. So there are The National Commission on Energy and local officials—to consider the ef- many problems. Policy has several other recommenda- fect of these large wind farms on our But here is the biggest problem, the tions: Build in tax incentives to com- tourism industry, on our view of the one I want to mention today. I will just mercialize carbon capture and geologic mountains, on our gas prices; and fi- leave it for the members of the Finance sequestration in a wide array of indus- nally, an article from Un- Committee upon which the Presiding tries. As soon as we figure out how to limited, which is an interesting discus- Officer serves and others. This Energy capture carbon, we can use coal gasifi- sion of what is going on in Great Brit- bill will have three parts to it. It will cation in a big way to reduce depend- ain, as they consider how to meet the have some things from the Energy ence on foreign energy and to lower the Kyoto standard for carbon-free elec- Committee which we have finished cost of natural gas. tricity production, and how many of today. It will have a contribution from They also recommend $2 billion in the people who formerly had favored the Finance Committee, which will tax incentives for nuclear deployment, large windmills are concluding they come in June, and it will have a con- $1.5 billion for biodiesel and nonpetro- don’t want them destroying the rural tribution from the Environment and leum low-carbon fuels. I have suggested areas of Britain, and they are looking Public Works Committee, which will those in the order in which I like them. at nuclear power in a fresh way which, also come in June. We will put all I am not a member of the Finance as I mentioned, is the way we in the those parts together. Committee so I won’t have a chance to United States today produce 70 percent We are told that this whole bill, when be a part of that discussion in that of our carbon-free electricity. it is put together, can’t cost, our Budg- committee. My point is simply that if There being no objection, the mate- et Committee says, more than $11 bil- we have $8 billion to spend or $11 bil- rial was ordered to be printed in the lion. The President hopes we won’t lion to spend, we may have already Record, as follows: spend more than $8 billion. But the spent a couple of billion in what we are [From the New York Times, May 22, 2005] production tax credit in the current doing with renewable fuel, then we DIRTY SECRET: COAL PLANTS COULD BE MUCH policy provides $3.9 billion over 5 years, have a lot more good ways to spend CLEANER almost all of which will go to wind- money in support of carbon-free energy (By Kenneth J. Stier) mills unless we change the policy. than we have money for. I respectfully Almost a decade ago, Tampa Electric In other words, if we have $11 billion suggest that if we are spending most of opened an innovative power plant that to spend and we spend $3 billion on eth- $3.7 billion over the next 5 years as a turned coal, the most abundant but the dirti- anol or renewable fuel, we will only national windmill policy and not a na- est fossil fuel, into a relatively clean gas, have $8 billion left to spend on every- tional energy policy, that ought to be which it burns to generate electricity. Not thing else, and nearly 3.5 to 4 of it will reasonably adjusted. only did the plant emit significantly less go for windmills. That is what I mean Let me not emphasize the disputes pollution than a conventional coal-fired that we have yet to come. I am here power plant, but it was also 10 percent more by a national windmill policy. efficient. My hope is that my colleagues will today to say, particularly, after a time Hazel R. O’Leary, the secretary of energy take a fresh look at our tax credit for in the Senate when people who watch at the time, went to the plant, situated be- renewable fuels and make sure that we us must wonder if we are speaking to tween Tampa and Orlando, and praised it for use it wisely because that is a lot of each other, the answer is, yes, we are. ushering in a ‘‘new era for clean energy from money to create the largest amount of We have been meeting for 5 months on coal.’’ Federal officials still refer to the carbon-free clean energy. this Energy bill. We have been working plant’s ‘‘integrated gasification combined cycle’’ process as a ‘‘core technology’’ for the Here are some of the suggestions for together, as Senator BINGAMAN said future, especially because of its ability— better use: For example, $1.5 billion for today. I don’t remember a party-line eventually—to all but eliminate the green- consumer incentives for 300,000 hybrid vote in the 5 months. We had some house gases linked to global warming. and advanced diesel vehicles. That close votes, but it wasn’t Republican Since that plant opened, however, not a would give 300,000 Americans a $2,000 versus Democrat. It was just different single similar plant bas been built in the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5978 CONGRESSIONAL RECORD — SENATE May 26, 2005 United States. Abundant supplies of natural conventional coal plants, a significant con- place in much of the world since the Kyoto gas—a bit cleaner and, until recently, a lot sideration in arid Western states. Protocol came into force in February, can be cheaper—stood in the way. But for some people, including Mr. Rogers kept at bay in the United States—possibly But even now, with gas prices following oil and other utility leaders who anticipate indefinitely. prices into the stratosphere and power com- stricter pollution limits, the primary virtue It’s a risky strategy—for industry and for panies turning back to coal, most new of integrated gasification combined-cycle the climate. ‘‘Coal-fired plants are big tar- plants—about nine out of 10 on the drawing plants is their ability to chemically strip gets,’’ said Judi Greenwald of the Pew Center board—will not use integrated gasification pollutants from gasified coal more effi- on Global Climate Change, ‘‘and if we do get combined-cycle technology. ciently and cost-effectively, before it is serious about climate change, they are going The reason is fairly simple. A plant with burned, rather than trying to filter it out of to be on the list of things to do quite early.’’ the low-pollution, high-efficiency technology exhaust. demonstrated at the Tampa Electric plant is Proponents say that half of coal’s pollut- U.S. SENATE, about 20 percent more expensive to build ants—including sulfur dioxide and nitrogen Washington, DC, May 23, 2005. than a conventional plant that burns pulver- oxides, which contribute to acid rain and Hon. SKILA HARRIS, ized coal. This complicates financing, espe- smog—can be chemically stripped out before Tennessee Valley Authority, Knoxville, TN. cially in deregulated markets, while else- combustion. So can about 95 percent of the Hon. BILL BAXTER, where utilities must persuade regulators to mercury in coal, at about a tenth the cost of Tennessee Valley Authority, Knoxville, TN. set aside their customary standard of requir- trying to scrub it from exhaust gases racing DEAR SKILA AND BILL: Recently Sen. John ing utilities to use their lowest-cost alter- up a smokestack. Warner of Virginia and I introduced the ‘‘En- natives. (A federal grant of $143 million cov- The biggest long-term draw for gasifi- vironmentally Responsible Windpower Act’’ ered about a fourth of the construction cost cation technology is its ability to capture which would: of the Tampa Electric plant, which was carbon before combustion. If greenhouse-gas 1. Stop federal subsidies for giant wind- originally a demonstration project.) limits are enacted, that job will be much mills near highly scenic areas, such as the The technology’s main long-term advan- harder and more expensive to do with con- Great Smokies and Grand Canyon, and tage—the ability to control greenhouse gas ventional coal-fired plants. Mr. Lowe, the 2. Give communities a l20-day opportunity emissions—is not winning over many utili- G.E. executive, estimated that capturing to have some say in whether and where these ties because the country does not yet regu- carbon would add about 25 percent to the huge machines will be located in their com- late those gases. cost of electricity from a combined-cycle munities and neighborhoods. That could be a problem for future na- plant burning gasified coal, but that it would Today I am writing to ask that TVA place tional policy, critics say, because the plants add 70 percent to the price of power from a two-year moratorium on construction of being planned today will have a lifetime of a conventional plants. new wind farms—either by TVA or on TVA- half-century or more. ‘‘It’s a very fright- Gasification technology, although new to controlled land—until the new TVA board, ening specter that we are going to essen- the power sector, has been widely used in the Congress and local officials can evaluate the tially lock down our carbon emissions for chemical industry for decades, and the gen- impact of these massive structures on our the next 50 years before we have another eral manager of the gasification plant run by electric rates, our view of the mountains and chance to think about it again,’’ said Jason Tampa Electric, Mark Hornick, said it was our tourism industry. The governors of Kan- S. Grumet, the executive director of the Na- not difficult to train his employees to run sas and New Jersey have recently imposed tional Commission on Energy Policy. the plant. Tampa Electric is the principal similar moratoria. Local moratoria have The commission, an independent, bipar- subsidiary of TECO Energy of Tampa. been adopted in parts of Vermont and Wis- tisan advisory body, has recommended that Disposing of the carbon dioxide gas consin. the federal government spend an additional stripped out in the process, however, is an- The idea of windmills conjures up pleasant $4 billion over 10 years to speed the power in- other matter. Government laboratories have images—of Holland and tulips, of rural dustry’s acceptance of the technology. In a experimented with dissolving the gas in sa- America with windmill blades slowly turn- recent report, the commission concluded line aquifers or pumping it into geologic for- ing, pumping water at the farm well. My that ‘‘the future of coal and the success of mations under the sea. The petroleum indus- grandparents had such a windmill at their greenhouse gas mitigation policies may well try has long injected carbon dioxide into oil well pump. hinge to a large extent on whether this tech- fields to help push more crude to the surface. But these are not your grandmother’s nology can be successfully commercialized Refining and commercializing these tech- windmills. and deployed over the next 20 years.’’ niques is a significant part of a $35 billion Most new windmills are about 300 feet Mr. Grumet was more succinct. Integrated package of clean energy incentives that the high—as tall as a football field is long or as gasification combined cycle technology, National Commission on Energy Policy is tall as the Statue of Liberty. Their rotor combined with the sequestration of carbon recommending. The Senate considered some blades are wider than the wingspan of a 747 stripped out in the process, ‘‘is as close to a of those ideas in a big energy policy bill last jumbo jet and turn at up to 100 miles per silver bullet as you’re ever going to see,’’ he week, but it is doubtful whether Congress hour. Each tower costs more than $1 million said. will approve the funds to enact them because to erect, and, once constructed, the towers Until Congress regulates carbon emis- they are tied to regulating big carbon emis- will be around for a long time. For example, sions—a move that many in the industry sions for the first time, something that TVA’s new 18-windmill farm on Buffalo consider inevitable, but unlikely soon—gas- many industry leaders and sympathetic law- Mountain is a 20-year contract. ification technology will catch on only as its makers oppose. Only one of these giant windmills could fit costs gradually come down. Edward Lowe, Still, the energy bill may have some incen- into UT’s Neyland stadium. It would rise general manager of gasification for GE En- tives for industry to adopt gasification tech- more than twice as high as the highest ergy, a division of General Electric that nology, and the Department of Energy will skybox, its rotor blades would stretch al- works with Bechtel to build integrated gas- continue related efforts. These include most from 10-yard line to 10-yard line, and ification combined-cycle plants, said that FutureGen, a $950 million project to dem- on a clear night its flashing red lights could would happen as more plants were built. The onstrate gasification’s full potential—not be seen for 20 miles—the distance from Knox- premium should disappear entirely after the just for power plants but as a source of low- ville to Maryville. Usually these windmills first dozen or so are completed, he added. carbon liquid fuels for cars and trucks as are grouped in windfarms of 20 or more. Even now, Mr. Lowe said, the technology well, and, further out, as a source of hydro- Our country needs a national clean energy offers operational cost savings that offset gen fuel. policy, not a national windmill policy. TVA some of the higher constructIon costs. And if Regardless of the politics of carbon caps, is a national leader in producing clean en- Congress eventually does limit carbon emis- the Energy Department has made it clear ergy through nuclear and hydroelectric sions, as many utility executives say they that it intends to push the development of power. A moratorium on windmills would expect it to do, the technology’s operational integrated gasification combined-cycle tech- give Tennesseans two years to stop and advantages could make it a bargain. nology. Last month, for example, Mark Mad- think about the wisdom and cost of building James E. Rogers, the chief executive of dox, a deputy assistant secretary, said at an hundreds of 100-yard tall structures across Cinergy, a heavily coal-dependent Mid- industry gathering that the technology ‘‘is our most scenic ridges. western utility, is one of the technology’s needed in the mix—needed now.’’ Here are some of the facts I have gathered biggest industry supporters. ‘‘I’m making a Some industry leaders are skeptical, to say so far: bet on gasification,’’ he said, because he as- the least. ‘‘We would not want to put all of There are 6,700 windmills in the United sumes a carbon-constrained world is inevi- our eggs in one basket as far as a single tech- States today; by 2025, that number could table. ‘‘I don’t see any other way forward,’’ nology is concerned,’’ said William Fang, grow to somewhere between 40,000 and he said. deputy counsel for the Edison Electric Insti- 100,000, according to varying estimates. The operating savings of such plants start tute, a trade association whose members, Even if only a few hundred of those wind- with more efficient combustion: they make shareholder-owned utilities, account for mills are built in Tennessee, most will be use of at least 15 percent more of the energy three-quarters of the country’s generating built on top of mountain ridges according to released by burning coal than conventional capacity. Senate testimony by Kerry W. Bowers, Tech- plants do, so less fuel is needed. The plants Besides, he added, many of his members nology Manager of Southern Company. That also need about 40 percent less water than think that mandatory carbon controls, in could damage our tourism industry.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5979 These giant windmills are being built pri- source which has put the Lakeland beauty sistent safety concerns, nuclear’s strength marily because of a huge federal taxpayer spot at the heart of Britain’s debate about remains its proven reliability. And even subsidy, about $3 billion over the next five the country’s insatiable need for energy. those who have lived in the shadow of years if present policies continue. Without —amid the classic Cumbrian vista Sellafield, 30 miles west across central Lake- these federal tax breaks, American Wind En- of rolling fells criss-crossed with dry stone land from Whinash, are beginning to believe ergy Association statistics suggest that walls and the shuffling specks of sheep—is to nuclear is the saviour. three out of four windmills would not be be home to England’s largest wind farm. If Sir Christopher Audland shook his head as built across the country because they aren’t the plans ever get the go-ahead. he tramped along the pummelled cotton cost-effective producers of power. This week, the public inquiry to site 27 grass tufts of the Whinash site last Tuesday Once those tax credits expire, TVA rate- turbines, each almost the height of St. afternoon. A former director-general of en- payers would likely have to pick up most of Paul’s Cathedral, on the ridge of Whinash en- ergy for the European Commission, Audland the tab for the higher cost of the power. ters its most potentially explosive phase. was in charge when reactor number four ex- These windmills may be huge, but they Two of Cumbria’s favourite sons, the broad- ploded in the almost 20 years ago, don’t produce much power. It would take at caster Melvyn Bragg and the mountaineer its radioactive contents drifting from least 1,300 windmills—covering the land mass Sir Chris Bonington, are scheduled to give Chernobyl to the fells of Cumbria where his of almost one and one half times the city of evidence in the squat Garden Room of the re- family has lived for 500 years. For a man who Knoxville—to produce as much power as mote Shap Wells Hotel. There can be no saw first-hand the inherent risk of nuclear TVA’s new Brown’s Ferry nuclear plant. place for 21st-century windmills in a Wilder- power, Audland is dismissive of the safer al- Because they only work when the wind ness largely-unaltered for centuries, they ternative proposed for the hills north of Ken- blows the right speed (20 to 40 percent of the will argue. dal. ‘It cannot be allowed to happen here,’ he time), and customers need their electricity Almost 200 miles north in Aberdeen, Mal- said. almost all the time, building more windmills colm Wicks will mark his entrance as the Bragg, who has relatives who happily work does not mean building fewer coal or nuclear new energy minister by stressing the crucial at Sellafield, is among the growing Lakeland power plants. role of wind power in the crusade against cli- fraternity who believes nuclear is the sale Since windy ridgetops are not usually mate change. Only weeks into his new brief, viable option for tackling climate change. where the largest number of people live, Wicks appreciates that wind farms are al- ‘We seem to be running away from the windmills are likely to be built away from ready eclipsing farming and foxhunting as safest, most efficient industry. Nuclear en- population centers and therefore require the the most likely source of rural unrest during ergy seems to be the only sensible option and building of miles of new transmission lines Labour’s third term. it is a safe option,’ said the presenter of The through neighborhoods and communities. Ministers, aware that the government’s South Bank Show. It is a consensus corrobo- So, these oversized windmills produce a target of cutting carbon dioxide emissions is rated by Lovelock, who in 1991 opened Brit- puny amount of unreliable power in a way in jeopardy, have identified Whinash as the ain’s first windfarm at Delabole, Cornwall. that costs more than coal or nuclear power, acid test of whether they can expect that re- Since then, Lovelock has reviewed his initial requires new transmission lines, must be newable energy will provide 10 percent of enthusiasm. ‘To phase out nuclear energy just when we subsidized by massive federal tax breaks, power in five years’ time. need it most to combat global warming is and, in my view, destroys the landscape. But the significance of Whinash runs even madness,’ he said. ‘The anti-nuclear agenda Chattanooga has just spent 20 years im- deeper. Among the windblown crags that lie is pushed by groups such as Greenpeace and proving its waterfront, saving the Tennessee between the national parks of the Lake Dis- Friends of the Earth and by Green Party River Gorge and renaming itself the Scenic trict and the Yorkshire Dales, the schism politicians. They are pursuing goals in which City. The Great Smoky Mountains attract 10 that is tearing Britain’s environmental neither environmental good sense nor million visitors a year. Do we really now movement from top to bottom is most pro- science plays a part—a strange way to defend want to string hundreds of towers with flash- nounced. The self-appointed custodian for future the earth,’ he writes in Reader’s Digest. ing red lights as tall as football fields on Sig- Even the spectre of Chernobyl is dismissed generations, Britain’s green lobby has found nal and Lookout Mountains, the foothills of by Lovelock, who claims that the fallout itself caught between the need to protect the the Smokies and Roan Mountain? It’s hard from the radioactive cloud that swept over landscape from global warming and defend- to imagine that 10 million visitors would the Cumbrian peaks ‘was really nothing. A ing Britain’s countryside from the creation come to the foothills of the Smokies each few times higher than the natural back- of a ‘pseudo-industrial’ skyline. This month, year to see windmills. ground levels or at worst a couple of chest X- one of the movement’s most influential fig- As chairman of the Senate Energy Sub- rays’. committee, I intend to examine whether it is ures James Lovelock, the man who devel- It is 13 years since the arrival of the anti- wise to provide $3 billion in subsidies over oped the Gaia theory of the forces governing wind lobby surfaced with the Country Guard- the next five years for the building of tens of nature, will launch his most candid critique ian, a group that vehemently denies links to thousands of giant windmills across Amer- yet of Britain’s energy conundrum by accus- the nuclear sector although its chairman, ica, when the same amount of money might, ing groups such as Greenpeace and Friends of Sir Bernard Ingham, has been a paid lobbyist for example, give $1,000 incentives to more the Earth of betraying the planet through for British Nuclear Fuels. Since then, com- than 300,000 purchasers of hybrid or advanced their unswerving promotion of wind energy. plaints advanced to discredit wind energy diesel vehicles. As chairman of the Ten- Nuclear energy, Lovelock will claim, offers have multiplied: falling property prices, the nessee Valley Authority Congressional Cau- the only solution to the twin challenges of whirring noise that makes people sick a mile cus, I intend to do my best to make local of- providing Britain with a reliable energy sup- away, horses that suddenly bolt and the gris- ficials aware of their options to decide for ply and global warming. ly deaths of kites and golden eagles, even if themselves whether these structures belong Britain currently stands poised at the their numbers are a fraction of those of birds in their communities. start of the ‘wind rush’. Hundreds more tur- that are killed on the roads. Our country needs lower prices for energy bines in 18 new wind farms will be switched The most persistent criticism, however, and an adequate supply of low-cost, reliable on by the end of the year. Already the UK is concerns the efficiency of wind power. Crit- American-produced clean energy. Wind poised to become the world’s biggest pro- ics claim windmills would struggle to cope doesn’t fit the bill: it is a high-cost, unreli- ducer of power from offshore wind farms, a with the half-time power surge during yes- able supply of energy. While we are consid- reminder of the 17th century, when Britain terday’s FA Cup final because they only gen- ering what the appropriate policies should boasted 90,000 windmills. erate electricity for a part of the time. Such be, I hope that TVA will help by placing a Around one per cent of the UK’s energy is issues would be irrelevant if electricity could two-year moratorium on any new wind currently provided by wind although the In- be stored, but there is no battery for the na- farms. dustry claims there are enough applications tional grid. Sincerely, moving through the planning process to sug- A recent study in Germany, which has the LAMAR ALEXANDER, gest seven per cent of the nation’s electricity largest number of wind farms in the world, United States Senator. needs will be met by wind by 2010. found the energy was an expensive and ineffi- Next month the 300ft turbines at Cefn cient way of generating sustainable energy, [From The Observer, May 22, 2005] Croes, scene of the bitterest wrangle before costing up to £53 to avoid emitting a ton of Whinash, will start turning in mid-Wales. carbon dioxide. Professor David Bellamy, a TILTING AT WINDMILLS: NATION SPLIT OVER Yet pressure is mounting on the fledgling in- vociferous windfarm critic seen recently at ENERGY EYESORES dustry. If Britain’s climate change targets the Shap Wells Hotel, is among those wor- (By Mark Townsend) are not met, experts warn that the generous ried whether wind could guarantee his half- Hundreds of turbines will be switched on subsidies which have helped establish wind time cuppa: ‘How are people going to be able this year, and the volume of protest is rising. farms could be withdrawn by an exasperated to boil their kettles?’ Mark Townsend reports on the issue that government. Sir Martin Holdgate, a former chief sci- will overtake hunting as a cause of rural un- Already a new era for nuclear power ap- entist to the Department of Environment rest. pears to be dawning and seems certain to who has served on a number of government The clue lies in the grass, pummelled and feature prominently in the government’s committees on renewable energy, was also then flattened by a force the area is famous forthcoming energy review. Vastly more ex- present in the Garden Room last week. for. Whinash is all about wind, and it is a re- pensive than predicted and plagued by per- Holdgate, too, has run out of patience with

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5980 CONGRESSIONAL RECORD — SENATE May 26, 2005 wind farms in sensitive areas. ‘We shouldn’t from people who have worked with Mr. mittee have worked hard together to sacrifice our landscape on our crowded is- Bolton, from people who are ideologi- jointly interview more than 30 individ- land. Wind doesn’t make sense.’ cally in the same place as he is, who uals with information relevant to this Others, the so-called ‘blade lovers’, wel- are members of the same administra- nomination. We also requested numer- come them as an aesthetic asset, claiming that their beauty lies in the environmental tion. ous documents from the State Depart- message they communicate to a throwaway The picture they have painted is ment, USAID, and the CIA. This in- society. Designer Wayne Hemingway says: ‘I clearly one that ought to raise concern depth level of investigation was nec- love them. They are a massive visual sign for any Member of the Senate about a essary because concerns were raised by that we are doing something that is not position that requires special credi- individuals in Government and in the damaging the Earth.’ bility, special stature, and special abil- private sector about the nomination. Mr. ALEXANDER. Mr. President, I ity to be able to carry the message of Again, I repeat, we did not seek out suggest the absence of a quorum. our country in one of the most impor- these people. They came to us. Most of The PRESIDING OFFICER (Mr. tant fora in the world, in a very com- those who came to us have worked SMITH). The clerk will call the roll. plicated world. with Mr. Bolton and continue to work The legislative clerk proceeded to On several occasions, a number of in Government. They came to us at call the roll. Senators have talked about this issue great risk to themselves. That risk has Mr. KERRY. Mr. President, I ask of credibility, and it cannot be over- to be measured by our colleagues in the unanimous consent that the order for looked. One cannot gloss by it. We are Senate. the quorum call be rescinded. in the midst of delicate, critical nego- Everybody knows how this place The PRESIDING OFFICER. Without tiations with Iran. Nobody knows works. We know the difficulty of a per- objection, it is so ordered. where that will go in these next son coming out of the same place of Mr. KERRY. Mr. President, what is months. The potential for critical in- business in politics and saying some- the parliamentary situation? telligence analysis to be put before the thing that is critical of somebody they The PRESIDING OFFICER. The mi- United Nations in order to persuade worked with. The fact is that we owe nority controls 50 minutes of the time the world of potentially dangerous those people who took those risks a se- remaining. steps requires a voice that has no ques- rious and complete effort in the consid- Mr. KERRY. Fifty? tions attached to it, where people will eration of this nomination, not a per- The PRESIDING OFFICER. I am told not have to ask whether that person functory effort, not one that seeks to 50. speaks for the administration or for find a way around a legitimate request Mr. KERRY. How much does the ma- themselves. for information. jority have remaining? The history of Secretary Colin Pow- The fact is that this administration’s The PRESIDING OFFICER. The ma- ell, whom we all admire but who was cooperation in the Foreign Relation sent to the United Nations with infor- jority controls 52 minutes. Committee’s effort to do due diligence mation that was inaccurate and made a Mr. KERRY. I thank the Chair. on the Bolton nomination has been speech which he now personally wishes Mr. President, I yield myself such sporadic at best and far from complete. were otherwise, raises even further the time as I will use at this moment. Ob- In the 22 years I have served on the question of credibility. In addition, we viously, I will not use all of it. committee, I have seen efforts on both will have to deal with Syria itself The PRESIDING OFFICER. The Sen- sides of the aisle that have been far where important issues have been ator controls 30 minutes of the time al- more extensive and far lengthier for raised with respect to Mr. Bolton’s at- located. less important positions or for the titude toward Syria, his willingness to Mr. KERRY. Mr. President, I am not similar position. stretch information with respect to sure how much of that time I will use. Initially, the administration’s re- Syria. Obviously, North Korea looms I have made a significant amount of sponse was to refuse access to docu- huge on the diplomatic and security argument, as others have, in the For- ments or individuals to be interviewed horizon. eign Relations Committee during the until just a few days before the com- time leading up to this debate on the All of this fits within a context of in- formation that the Foreign Relations mittee’s first business meeting to con- floor. I listened to Senator BIDEN’s Committee has requested a number of sider the Bolton nomination on April comments and I listened to Senator times. Two weeks ago, the Foreign Re- 19. Chairman LUGAR had to personally BIDEN’s colloquy with Senator SAR- lations Committee, in a historical mo- intervene in order to persuade the ad- BANES. They raised critical points, as ment, voted to send John Bolton’s ministration to comply with earlier re- have others, such as Senator DODD and nomination without recommendation. I quests that were made repeatedly by Senator VOINOVICH, and others on the voted no at that time for the reasons Senator BIDEN on behalf of all of the floor. I am not sure it serves any great that I stated, and I believe we have yet Democrats on the committee. purpose to rehash all of those argu- to complete the task of building the The State Department finally re- ments, but I will say in summary that complete record to be able to have the sponded but, again, not fully. It did not what brings a lot of us to this point of full Senate make a judgment on this provide all of the documents requested, questioning the nomination of John nomination. and those that were provided were sud- Bolton is not personal and it is not po- Over the last 24 years, the Foreign denly deemed to be classified, even litical in the sense that it is sort of an Relations Committee has sent hun- though many were unclassified e-mails. automatic reflex reaction to a nomina- dreds of nominations to the floor with After the committee decided on April tion of the President, or to divisions favorable recommendations. Only 19 to further investigate allegations between the parties. twice did the committee report a nomi- and concerns about this nomination, I think people can sense from the bi- nation unfavorably, and only once did the administration continued to drag partisan concerns that have been ex- it report a nomination without rec- its feet on the Democratic request for pressed, as well as the record that has ommendation. So obviously we come information. On April 29, Senator been set forward, that these are really with serious reservations within the BIDEN sent a letter specifying nine dif- deeply felt and very legitimate con- committee, and the Senate ought to ferent categories of documents relating cerns about a position that is one of want a full record to be put in front of to the issues of concern that needed to the most important foreign policy posi- it before it votes on this nomination. be investigated thoroughly. Some of tions for our country. The power of advice and consent has these requests involved additional in- Obviously, the President has the been talked about a lot in the last formation related to specific cases the right to make a choice. We all under- weeks. Obviously, we have a constitu- committee had been reviewing. Four of stand that. Subsequent to the Presi- tional responsibility not just to advise them were requests for drafts of dent making that choice, an enormous but also to consent, and nowhere is it speeches or testimony. These four re- amount of information has come for- suggested in the Constitution that we quests were designed to ascertain ward, not from traditional sources, not ought to consent automatically. whether Mr. Bolton sought to stretch from people who might have been dis- So over the last week, both Demo- the intelligence to support his policy posed to oppose this nomination, but crats and Republicans on the com- views. A lot has been spoken on the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5981 Senate floor about that effort to tried to press the envelope on intel- The information we continue to seek stretch, and I would associate myself ligence and whether he told the com- is relevant to this nomination and to with the concerns that have been ex- mittee the truth when he said he was the critical concerns that many of us pressed by other Senators about that not personally involved in the prepara- have about the nominee and his use of effort. There is nothing more serious at tion of the Syria testimony. The ques- intelligence. We should have access. this moment in time. tion of whether Mr. Bolton told the Since the administration has refused to The State Department refused to re- committee the truth is important be- provide it, the only choice we have is spond fully to Senator BIDEN’s request. cause there are already several other to deny the vote on this nomination Instead, it responded to a letter by instances where it is in doubt, where in until there is full compliance. That is Chairman LUGAR on May 4 suggesting fact there is clear evidence that he not a filibuster. That is not an effort to that it needed to provide documents in didn’t tell the truth, specifically with not have a vote. Give us the informa- only five of the nine categories. Well, respect to the efforts to fire the two tion. We are prepared to have a vote it is not up to the administration to analysts of intelligence. immediately and let the chips fall decide which categories are appro- Stretching intelligence and credi- where they may. But it is vital that priate for the proper advice and con- bility are two of the key areas of con- the rights of the committee and the sent of a Senate committee or of the cern with respect to the Bolton nomi- rights of the Senate, the rights of the Senate itself. nation, two of the key areas of inquiry advice and consent process, be upheld. So in an effort to move the process that the committee is seeking. This is Let me just say again this should not along and get further cooperation from a proper and a critical request. Having be anything except a measurement on the administration, Senator BIDEN nar- access to the NSA intercepts will tell the merits. During her confirmation rowed the Democratic request down to us whether Mr. Bolton did anything hearing in 1981, to be U.S. ambassador two areas: Information related to the improper after receiving the identities to the U.N., Jeane Kirkpatrick de- clearance of Mr. Bolton’s September of U.S. persons involved. The fact they scribed her vision of the job. She said: do not want anybody to see it seems to 2003 testimony on Syria before the I do not think that one should ever seek House International Relations Com- suggest the exact opposite. confrontation. What I have every intention mittee and information related to Na- Senator ROBERTS, the chairman of and hope of doing is to operate in a low key, the Intelligence Committee, indicated tional Security Agency intercepts and quiet, persuasive, and consensus-building in his letter to Senators LUGAR and the identity of U.S. persons on those way. I think a principal objective should be BIDEN that on at least one occasion Mr. intercepts. to try to communicate effectively with the Bolton shared the identity information representatives of as many nations as pos- Over a period of 4 years, Mr. Bolton sible to broaden a bit the areas of mutual un- requested the identity of U.S. persons of a U.S. person with another indi- vidual in the State Department with- derstanding. We should try to extend a bit on intercepts 10 times. out authorization from NSA. the frontiers of reason and cooperation, and Senator DODD originally asked for Did he do this more than once? Why I think we should work to that end, and we these intercepts in a question for the should work to establish the patterns of con- did he request these intercepts? What record on April 11. The Department re- sultation and trust. was he trying to find out? What was he sponded by saying that the committee going to do, or did he do with the infor- No one would ever accuse Jeane needed to get these from the National mation? We can only speculate without Kirkpatrick of being soft or shying Security Agency. So Chairman LUGAR proper access to those intercepts and away from her views. She is a staunch supported the Democratic request for without knowing the identities of the conservative who speaks her mind. But the NSA intercepts but asked the Intel- persons on them. she understood and respected the value ligence Committee to request them and The State Department has told the of diplomacy and negotiation; of listen- find a means of sharing them with the committee that the request for infor- ing to and respecting others’ views; of Foreign Relations Committee. mation about the Syria testimony is working the system; of seeing the big The Intelligence Committee finally not ‘‘specifically tied to the issues picture and, most importantly, of es- did get the intercepts, but the chair- being deliberated by the committee.’’ tablishing credibility and trust. She man and ranking member of that com- But for the executive branch of Gov- herself has said of this nominee that he mittee were not allowed to see the key ernment, which has already been slow- is ‘‘no diplomat.’’ information; that is, the names of the walking this provision of information, We should make the judgment in the U.S. persons, which is an essential part to tell a Senate committee how to ex- end of whether this is the right person. of the of the committee. No ercise the advice and consent power of I have heard colleagues argue how im- one—no one on the Foreign Relations the Senate is not only unacceptable, it portant it is to have a straight-talking, Committee, not Chairman LUGAR or is unconstitutional. The Foreign Rela- tough person at the U.N. This is not Senator BIDEN—has been given access tions Committee has the prerogative to about the U.N. per se, obviously. It is to these intercepts. determine, and has laid out for our col- about our interests and how we are In response to letters from Senator leagues to judge, the legitimacy of the going to best advance those interests. BIDEN regarding the intercepts, the Di- basis of this request. I think it passes But those of us who spent a long time rector of National Intelligence, Ambas- muster. trying to reform the U.N. and working sador Negroponte, referred Senator For the chairman and ranking mem- with it, and have had some success in BIDEN back to the Intelligence Com- ber of the Foreign Relations Com- some measure with respect to that ef- mittee. mittee to be denied access to NSA fort, in a bipartisan effort going back What the Senate has to decide is intercepts and information which Mr. to the time we worked with Nancy whether it is going to stand up for the Bolton was able to see is unacceptable Kassebaum and Larry Pressler and rights of a committee, for the rights of on its face. An Assistant Secretary of Jesse Helms, all of us understood you an appropriate set of inquiries to be an- State and staff are permitted to see need to establish those patterns of con- swered so we can fulfill our constitu- this, but the chairman and ranking sultation and trust and speak with tional responsibilities. Senators can be member of the Foreign Relations Com- credibility. for Mr. Bolton, Senators can have al- mittee are not? Is the Senate prepared I regret that this process has proven ready made up their minds, Senators to ratify that as a standard by which that this nominee does not meet the can have decided that they know how we will have our inquiries pursued with Jeane Kirkpatrick standard or test, they are going to vote and they do not respect to any nomination on either and therefore all of us ought to raise need more information, but they ought side at any time? serious questions about the nomina- to respect the fact that both the chair- The Foreign Relations Committee tion. man and the ranking member made a has spent an enormous amount of time I think my time is about up, so I sug- request and that request has not yet and energy related to this nomination. gest the absence of a quorum. been fulfilled. Grudgingly, cherry-picking document The PRESIDING OFFICER. The The information we are seeking re- requests, we have proceeded along with clerk will call the roll. lating to the Syria testimony will shed the administration actually denying The bill clerk proceeded to call the further light on whether Mr. Bolton other requests entirely. roll.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5982 CONGRESSIONAL RECORD — SENATE May 26, 2005 Mr. KERRY. Mr. President, I ask a pretty good idea what was on his image of the U.N. with a large percent- unanimous consent that the order for mind. The President sees very clearly age of the American people, who be- the quorum call be rescinded. the need for the United Nations. This lieve it has lost its way. That is why I The PRESIDING OFFICER (Mr. world is in tremendous conflict. We are will support this nominee with enthu- CHAFEE). Without objection, it is so or- splitting along religious lines. We are siasm. dered. having all kinds of problems getting Thank you, Mr. President. Mr. KERRY. Mr. President, what is along with each other and trying to I yield the floor. the current time on both sides? find out how to fight the war on ter- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The mi- rorism. The United Nations provides a ator from Ohio. nority has 28 minutes and the majority hope for the world, a place where we Mr. VOINOVICH. Mr. President, first, has exactly 1 hour. can come together and have good peo- I thank the Senator from South Caro- Mr. KERRY. Mr. President, will the ple stand up to bad people. Sometimes lina for his kind remarks about this quorum be tallied to both sides? it is hard to determine who is good and Senator early today and this after- The PRESIDING OFFICER. Under a who is bad, but many times it is not, noon. previous order, that is correct. and it should be a place where people of What we are doing here today is what Mr. KERRY. I suggest the absence of good will can deal with problems for the Senate should be doing; that is, to a quorum. bad people such as Saddam Hussein and have a robust debate about a nominee The PRESIDING OFFICER. The others, the Osama bin Ladens of the by the President of the United States clerk will call the roll. world, a place where they can be con- to the United Nations. The bill clerk proceeded to call the trolled and checked. I have deep concerns about the nomi- roll. The President sees from the Amer- nation of John Bolton. We face an im- Mr. GRAHAM. Mr. President, I ask ican conservative perspective that the portant decision today. We are at a unanimous consent that the order for United Nations has lost its way. From crossroads in foreign policy, at a time the quorum call be rescinded. a conservative point of view, being a when there has been a drastic in The PRESIDING OFFICER. Without conservative Republican, I hear con- the attitude of our friends and allies. If objection, it is so ordered. tinuously of problems with the United we do have a vote today, I urge my col- Mr. GRAHAM. Mr. President, I ap- Nations from people I represent and leagues in the Senate to let their con- preciate Senator VOINOVICH allowing people I know. The worst thing we can sciences and their commitment to our me to speak a moment or two on the do is to allow the good will of the Nation’s best interests guide them. John Bolton nomination. American people to slip away from the I would plead with them to consider No. 1, when it comes to how and why United Nations and reject that body. the decision and its consequences care- Members vote, every Senator has to What will it take to repair the dam- fully, to read the pertinent informa- make a decision they feel comfortable age done from the Oil-for-Food Pro- tion, and to ask themselves several im- with, that is good for the Nation, good gram, the corruption at the United Na- portant questions: for the Senate, good for the White tions, the, at the least, inconsistent ap- Is John Bolton the best person to House, good for the American people. proach to regulating dictators such as serve as the lead diplomat to the One thing I am confident of: Senator Saddam Hussein? How can we get the United Nations? VOINOVICH, of all the people I know in United States and the United Nations Will he be able to pursue the needed the Senate, is right at the top of the back together where we can work as reforms at the U.N. despite his dam- list of those who make decisions based one team? It will take a person Ameri- aged credibility? on conscience and principle. Whatever cans have faith in. And that is a big Will he share information with the problems he has with this nominee problem with the United Nations right right individuals, and will he solicit in- have come from soul searching, think- now. formation from the right individuals, ing, and looking. He will articulate American conservatives need to feel including his subordinates, so he can why he feels the way he does and vote better. John Bolton will provide that make the most informed decisions? his conscience. That is exactly what he assurance from a conservative point of Is he capable of advancing the Presi- should do. I am all for that because view that the United Nations would be dent’s and the Secretary of State’s ef- that is what makes the Senate great. pushed to reform itself. From a mod- forts to advance our public diplomacy? That is what makes America great. erate and liberal point of view, I can Does he have the character, leader- In terms of myself, I would like a mo- assure members that the policies John ship, interpersonal skills, self-dis- ment or two to express why I have Bolton will fight for will be those poli- cipline, common decency, and under- come to the conclusion that I think cies directed by President Bush, who standing of the chain of command to John Bolton will make an outstanding won the last election. And some may lead a team to victory? ambassador to the United Nations. We not agree with the policies, but that is Will he recognize and seize opportu- have heard a lot about his disposition, where he will get his marching orders. nities to repair and strengthen rela- about his temper, about his working He sees the United Nations as a tionships, promote peace, and uphold relations. Everyone will make a judg- value-added product to the world. He democracy with our fellow nations? ment about where they come down on sees clearly where it has gone astray. I also came to the floor today to re- that. I made a judgment that, obvi- He has the credibility with the Amer- spond to some of the statements that ously, some of the things about his ican public, particularly among con- have been made regarding the nomina- working relationships can be troubling. servatives, to be a force for change. tion of Mr. Bolton. The idea that he has been confirmed The worst thing that could happen is It has been argued by my colleagues four times, has served his country for for the United Nations to slip away, in that Mr. Bolton is the right man for well over 20 years in a variety of posts the eyes of Americans, as an effective the job because he has ‘‘sharp elbows,’’ and done an outstanding job, is what I body. It surely has gone that route. can give a dose of needed ‘‘strong medi- will base my vote on—not a conversa- The best thing that can happen from cine,’’ and because he will not be an tion here or there but 20-plus years of this nomination is that John Bolton ‘‘appeaser’’ to the horrors that have serving the United States at the high- goes to the U.N. with an attitude of: I been committed by the U.N. peace- est level of Government, with a great will work with you, but you have to be keepers. academic background. better—and to effectively articulate The question is not whether we want But why him and why now? Are there President Bush’s policies. I think that to achieve U.N. reforms. We will sup- other people who can be United States can happen. I think it must happen. port U.N. reforms. And I particularly ambassador to the United Nations? Not only am I enthusiastic about his want U.N. reforms. We need to pursue There are a lot of good people out nomination, he clearly—given the dy- its transformation aggressively, send- there. What drove the President to namic our country has with the United ing a strong message that corruption pick him now? The honest truth is, I Nations—is the right person at the will not be tolerated. The corruption haven’t talked to the President about right time and can do things no other that occurred under the Oil-for-Food why he picked John Bolton, but I have person could do; namely, repair the Program made it possible for Saddam’s

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5983 Iraq to discredit the U.N. and under- not a criterion for rejecting a nominee ligence resulted in misuse. This is all mine the goal of all of its members. and if it were, a lot of nominees would of the testimony about speeches that This must never happen again. This is have been rejected.’’ Mr. Bolton gave. I guess my colleagues an ideal time for reform of the United In the case of Mr. Bolton, his poor believe that the misuse of intelligence Nations. Those reforms are needed to management techniques intimidated would have only occurred if Mr. Bolton strengthen the organization or there intelligence officers and have called would have been successful in clearing will not be an organization. U.S. credibility into question, at a the language that he originally in- And, yes, I believe it will be nec- time when we cannot afford any fur- sisted upon. In other words, he would essary to take a firm position so it can ther damage to our credibility. That is have these ideas about the world and succeed. But it is going to take a spe- one of the problems we have today—the about intelligence and said: This is cial individual to succeed in this en- WMD and Iraq, some of the recent sto- what I want to say. And the intel- deavor, and I have great concerns with ries about the WMD. There are a lot of ligence folks came back and said: No, the current nominee and his ability to people who are questioning this Na- you can’t say that because that doesn’t get the job done. How successful will he tion’s credibility. reflect the reality. And everyone says be on reform if the message is lost be- Further, his management and inter- that is not a problem because ulti- cause of baggage surrounding the mes- personal failures reflect on his diplo- mately he didn’t say what he wanted to senger? I worry that Mr. Bolton will matic skills, which are an undeniable say because he got the better informa- become the issue and the message will requirement for the ambassador to the tion from the intelligence officers. be lost. United Nations. The misuse of intelligence occurs as I understand the arguments just Colin Powell’s chief of staff, COL a process. It begins with intimidation made by my colleague from South Lawrence Wilkerson, testified before and pressure on analysts, and it ends Carolina in regard to the conservative the committee that Mr. Bolton would with analysts producing reports that movement here in the United States make ‘‘an abysmal ambassador’’ be- meet the political needs of top leader- that is very concerned about the U.N. cause of his management flaws. ship. Mr. Bolton contributed to this and feels comfortable that if John I would like to read from Mr. process with his actions. He created an Bolton goes to the U.N., with his Wilkerson’s testimony. atmosphere of intimidation within the ‘‘sharp elbows,’’ something is going to Mr. Wilkinson: ranks of the Bureau of Intelligence and happen. I would like to make just one statement. I Research and at the CIA. The people in I would like to point out that Mr. don’t have a large problem with Under Sec- these agencies were made to under- Bolton will be going to the U.N. to do retary Bolton serving our country. My objec- stand that if they disagreed with him, more than just push forward U.N. re- tions to what we’ve been talking about there would be consequences. His ac- forms with his ‘‘sharp elbows.’’ He is here—that is, him being our ambassador at tions sent the message that if you the United Nations—stem from two basic don’t seek to meet his particular re- there to be the U.S. representative to things. One, I think he’s a lousy leader. And the world. there are 100 to 150 people up there that have quest for specific language, they may Do we want the supreme quality for to be led; they have to be led well, and they be sidelined from future opportunities our next U.S. representative to the have to be led properly. And I think, in that to provide him intelligence, and they world to be ‘‘sharp elbows’’? Don’t we capacity, if he goes up there, you’ll see the may even be pulled off of the account need a man who has superior inter- proof of the pudding in a year. and moved to another bureau. personal skills, who can bring people It has been argued during our floor The Presiding Officer was there for together, form coalitions, and inspire debate that many of the people who op- some of the hearings. There was no other countries to agree with his point pose Mr. Bolton’s nomination origi- question that the message was, if you of view? nally supported Mr. Bolton and voted disagree with him, you might get To the conservatives who are con- for him several times before they heard moved to some other place. Some have cerned about reform of the United Na- about these new allegations against argued that you would be fired. But it tions, do we want the messenger to be- him. wasn’t in this language; it was like come the issue so we never get to the The statement seems to argue that ‘‘moved to somewhere else.’’ It is the message? And the message is: reform. many allegations about John Bolton same signal, same message: Don’t fool I agree the next Ambassador needs to are not relevant to our decision on with John because, if you do, he is be a strong presence, firm in his be- whether he is the right man for the job going to put pressure on to move you liefs, persistent in his drive, and deter- and should be confirmed as the next to some other place. mined in the face of a monolithic bu- ambassador to the United Nations. His behavior put pressure on the in- reaucracy and many obstructionist The allegations about Mr. Bolton are telligence officers, and it begins the countries. It is not going to be easy. very relevant to our decision. The alle- very dangerous path to misusing intel- But even more than this, he will need gations speak to Mr. Bolton’s char- ligence and damaging U.S. credibility. the interpersonal and diplomatic skills acter, his temperament, his credibility, The point Senator KERRY made earlier required to inspire and lead. his management style, his skills, and this afternoon is well taken. We all If you think about John Danforth, his performance over the last 4 years. know there is a real problem with Iran. our last ambassador to the United Na- The testimony of our witnesses has We know that the International Atom- tions—or let’s talk about John certainly had an impact on my opinion. ic Energy Agency is very concerned Negroponte. Let’s put John Negroponte I expect that the allegations have about what is going on in Iran today. and John Bolton in the same room to- had an incredible impact on the world’s We are hopeful that the EU–3 will be gether, colleagues. Put them in the opinion of Mr. Bolton. I believe that able to work out the problem and deal same room together. John Negroponte the allegations have caused great dam- with the proliferation problem in Iran. went to the U.N. and did an out- age to Mr. Bolton’s credibility and that But they may not be successful. If they standing job. John Negroponte was the allegations will impair our influ- are not, you know where they are taken from the U.N. The President ence with the United Nations. If Mr. going. They are going to the U.N. Secu- needed somebody in Iraq, so he sent Bolton is confirmed for the position, he rity Council. Can you imagine if the John Negroponte to Iraq. Then he goes to the U.N. with a tremendous spokesman for the United States at the needed to call on someone to be the Di- amount of baggage that he is going to U.N. Security Council about intel- rector of the National Intelligence have to overcome. Again, I want to re- ligence and the impact of whether Iran area. Now, John Negroponte—that is peat to the people who feel he is just has this or that, if the spokesman is the quality of the individual who we the right ticket to get the job done, I going to be John Bolton? Can you need to be sending to the United Na- am very concerned that he will become imagine how much influence he is tions today. the issue and the reform of the United going to have with his past record? It One of my colleagues stated earlier Nations that we all would like to see is is a serious issue, one we hope doesn’t today that we should not reject Mr. not going to happen. happen, but it could very well happen. Bolton because of his management It has also been stated today that And there will be other instances that techniques because ‘‘management is none of the incidents involving intel- come before the United Nations where

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In this secure Article 98 agreements to protect the letter of recommendation for a day and age, what we have been U.S. forces against trial by the Inter- nominee? It would have been a lay-up through over the last several years, national Criminal Court, although I do shot for Secretary Powell to join that having people who can help us take un- not agree with his decision to hold up letter recommending Mr. Bolton to be willing nations that may be cautious important military education in order our ambassador to the United Nations, about joining us in certain things, for to achieve that goal. I believe in re- but his name was absent from the let- all the reasons we are familiar with, moving the anti-Israel prejudices in ter. And who best to understand wheth- and to be able to build those coalitions the United Nations. I believe in reform- er he is the kind of individual we around issues critical to us and to ing the anticorruption and enforce- should send to the U.N. to be our am- peace and stability in the world, is ment mechanisms of the United Na- bassador? going to be absolutely essential. The tions. I believe in preventing abuses It is rare, and it should serve as a U.N. is a forum particularly for smaller and crimes by U.N. peacekeepers. I be- warning to all of us. We owe it to the nations. lieve in making the United Nations a United States, our children and grand- Large nations have big delegations strong institution that fulfills its mis- children, to heed this warning and to here in Washington, and we go back sion to preserve and protect human ask our President: Mr. President, and forth to major European allies and rights and democracy. I know that I please, find a better candidate to send the major countries in the Pacific rim. agree with Mr. Bolton’s policy because to the United Nations. For an awful lot of countries, the best I sat down with him to discuss his poli- I yield the floor. forum for them is the U.N. The person cies. I still just believe we can do much The PRESIDING OFFICER. The Sen- who interfaces with those people on a better than Mr. Bolton at the United ator from Connecticut. daily basis can do a tremendous Nations. Mr. DODD. Mr. President, again, I amount of good for our country with Many people have come today to de- commend my friend and colleague. I that notion—the face of public diplo- fend Mr. Bolton. In some cases, they don’t want to do this too frequently. I macy that the Senator from Ohio argue that the allegations are false. In am afraid I may hurt his reputation in talked about. some cases, they argue that even certain quarters. I want to tell him I wanted to, once again, thank my though Mr. Bolton behaved badly, his how much I admire what he has done colleague for his willingness to share rough edges are what the United States over the last number of weeks and did his feelings with his colleagues about needs to be successful at the U.N., so so so that the people of Ohio and Amer- this, and we are going to have a vote we should overlook his record of behav- ica understand this. This was not a de- this afternoon, only because I felt it ior. But nobody has disputed the argu- cision that my colleague from Ohio was important for us to be able to have ment that I made yesterday before the reached quickly. In fact, I recall viv- information that should be forth- Senate that Mr. Bolton will contradict idly the day in room 116 where we made coming. It is a matter of right here on our efforts to improve public diplo- our case. It was one of those rare mo- a cloture motion and, if that succeeds, macy at this critical time. ments that we don’t see often enough we will go right to a vote on Mr. Public diplomacy has been the No. 1 around here these days, where the Sen- Bolton. If not, it will lay over and priority of Secretary Rice since becom- ator from Ohio said: I am troubled by when we get back, if we don’t invoke ing Secretary of State. She is running this. I want to know more. cloture, we will deal with it fairly all over the world putting her best foot I was tempted a couple of times dur- quickly when we return and we will forward, saying: We are the team. We ing the period between that hearing on move on. all have to work together. It is a clear April 18 or 19 and when we reconvened I hope Members will have listened, priority of the President, who has done again in early May as part of the For- particularly on the majority side. I everything in his power to improve the eign Relations Committee to consider suspect that when you hear some of us, image and understanding of the United this nomination. I decided the best you may say that is a bunch of Demo- States, including getting the First thing I could do was to leave the Sen- crats talking. I regret that that is the Lady to get out there and start doing ator from Ohio alone and let him go feeling, but if you are not impressed public diplomacy and then naming through the process himself of deciding with what some of us who have worked Karen Hughes, his confidant for so on the concerns that had been raised. on the issues for many years feel about many years, to lead public diplomacy As he so appropriately pointed out—I it, listen to GEORGE VOINOVICH from at the Department of State. tried to make the point this morning Ohio. This is a good person who cares In the spirit of the President’s objec- myself—these allegations are not com- about the status of the United States tives, we cannot ignore the damage ing from some outside groups who have and about this matter before us. I that John Bolton could have on U.S. a vested political interest in the out- thank the Senator. public diplomacy. We also cannot ig- come. I suggest the absence of a quorum. nore the warning signs of so many Many of these people were people The PRESIDING OFFICER. The loyal servants of our Government who who were presently there or have just clerk will call the roll. testified before our committee. These left the present administration or they The assistant legislative clerk pro- witnesses who came before the Foreign have had the experience of working ceeded to call the roll. Relations Committee came volun- with the nominee. They were the ones Mr. HATCH. Mr. President, I ask tarily. We didn’t go out and solicit who raised the concerns. In fact, at unanimous consent that the order for them to come. They came in volun- lunch today, we were talking about the quorum call be rescinded. tarily. Most of them are Republicans. North Korea with several former career The PRESIDING OFFICER. Without Most of them are proud they are con- diplomats who have worked with the objection, it is so ordered. servatives. nominee, including in this administra- Mr. HATCH. Mr. President, I am I ask my colleagues to consider these tion. I asked them for any observa- pleased that, after much too long a questions: When was the last time so tions. They confirmed what the Sen- delay, the Senate will meet its con- many individuals have come out in op- ator has said. stitutional responsibility to vote on an position to a nomination? Think about They had complimentary things to important nomination for the Presi- it. When was the last time that 102 dip- say about Mr. Bolton, as well. I am not dent’s national security team. lomats have opposed the appointment saying there are not qualities about I am referring to the nomination of of a new ambassador? I should check this nominee that are good. He is cer- Mr. John Bolton to be our next ambas- the CONGRESSIONAL RECORD. It hasn’t tainly a well-educated individual, and sador to the United Nations.

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At no point in our inves- the United Nations to support our derstands this, as does John Bolton. tigations of intelligence regarding country’s goals, as well as our goals to The nomination process grew quite Iraq, have we found convincing evi- advance reform in a very difficult tawdry, in my opinion, when it turned dence that intelligence analysts were international organization that, to be to innuendo and, in some cases, at- pressured to change their views based frank, has earned the skepticism of a tacks on the nominee’s character. as a result of political pressure. And good many Americans, including many I know John Bolton. He is a decent, none of our conclusions have indicated in my home State of Utah. honorable man of inestimable intel- that the intelligence process would be It would be a mistake, however, to ligence who has done a tremendous job made better if dissenting views would suggest that this administration is in every public position he has held. be suppressed. If anything, we need anti-U.N. After all, during his first Opponents of Mr. Bolton declared, in- more dissent to qualify and verify our term, President Bush addressed the sinuated, and denounced the nominee intelligence products. United Nations more times than any of based on a handful of alleged reports of If there is anything we have learned his predecessors ever had in the same his cantankerousness. Imagine that. A in our review of faulty intelligence, it period, throughout the entire history cantankerous personality in a high- is that there is not enough scrutiny, of the United Nations. powered job. In Washington, no less. not enough skepticism and, frankly, That the President has regularly con- Give me a break. not enough expressing contrasting sulted with, and sought the support of, Mr. President, the list of those who views. Apparently, our friends on the the United Nations gives lie to accusa- have stood up for Mr. Bolton is one of other side, the Democrats, do not seem tions that he is a unilateralist. the most impressive I have ever seen in to understand this. I am relieved now That he has never hinged our foreign my years in the Senate, And I will that after all the delay, the President policy needs and goals on the support leave it to my colleagues to attempt to will get his vote on his nomination of of the United Nations demonstrates include it all in the RECORD. I must this very fine man for this very impor- that our President has a proper under- note, however, the following statement tant position. standing of our sovereign rights, as included in a letter to the Senate For- I commend the chairman of the Sen- well as a realistic understanding of eign Relations Committee: ate Foreign Relations Committee for what the U.N. can contribute. The vast We, the undersigned, have been appalled at his commitment and patience in bring- majority of the citizens of my State the charges that have been leveled at John ing this nomination to the floor. I Bolton during the course of his nomination agree with President Bush that the know how tough it is to sit through hearing to be this country’s ambassador to meeting after meeting where the nomi- U.N. can be sought as a useful tool to the United Nations. Each of us has worked advance our national security, but that nee is being attacked with what really with Mr. Bolton. We know him to be a man amount to almost flippant attacks. the pursuit of our foreign policy goals of personal and intellectual integrity, deeply should never, never be conditioned on devoted to the service of this country and Both of Senator LUGAR’s virtues—his U.N. approval. the promotion of our foreign policy interests commitment and patience—have been, John Bolton, whose career in foreign as established by this President and the Con- I suspect, severely tested. John Bolton served as a senior dip- policy has included numerous positions gress. Not one of us has ever witnessed con- duct on his part that resembles that which lomat for this country in various ca- where he was worked with inter- has been alleged. We feel our collective pacities for over 20 years. He has served national organizations, including much knowledge of him and what he stands for, with great distinction and has many experience with the U.N., understands combined with our own experiences in gov- accomplishments to his credit. He has this. Certainly it is not for lack of ex- ernment and in the private sector, more than my personal admiration for these ac- perience that Mr. Bolton’s nomination counterbalances the credibility of those who complishments. Whether they have has become so controversial. Nobody have tried to destroy the distinguished been standing up to the United Nations can credibly make that argument. achievements of a lifetime. It is because of his philosophical con- This is a letter signed by former At- and our country’s rejection of that or- victions about the limits of inter- torney General Ed Meese, former At- ganization’s intellectual disease, national organizations—convictions torney General and Governor of Penn- known as declaring Zionism as racism, shared by the President who nominated sylvania Dick Thornburgh, former As- or in his post-9/11 efforts to advance him—that Mr. Bolton’s nomination has sociate Attorney General and Governor multilateral cooperation in his pro- been delayed. I have found this entire of Oklahoma, Frank Keating, former liferation security initiative, Mr. spectacle to be dismaying. Assistant Attorney General and Gov- Bolton’s efforts have advanced U.S. in- Early objections were quite plain in ernor of Massachusetts, William Weld, terests and U.S. values. I am grateful this approach: John Bolton was and more than 30 of Mr. Bolton’s for his work on behalf of our Nation, charged with an unnecessarily skep- former colleagues in the Department of and I am grateful that he chooses to tical view of multilateralism. Justice. continue to serve. In my opinion, the reason George Following the ideological criticisms, In closing, I note a section of a letter Bush won a decisive victory in a close following the attacks on his character, sent to the Foreign Relations Com- re-election campaign is because the the opponents of Mr. Bolton tried the mittee by former Secretaries of State American public recognizes that na- intelligence angle. Apparently, Mr. Baker, Eagleburger, Haig, Kissinger, tional security issues are of dire impor- Bolton has disagreed with a few intel- and Shultz, and former Secretaries of tance, and that the President has a ligence reports and analysts. His oppo- Defense Carlucci and Schlesinger, better grasp of how the real world nents appear to believe that by waving former U.N. Ambassador Kirkpatrick, works. a specious charge of ‘‘misrepresenting and other distinguished former na- The vast majority of the Utahns I intelligence,’’ they can hit the theme tional security officials: represent object to any suggestion of of imperfect intelligence that serious Secretary Bolton, like the administration, checking American power with multi- policymakers have been wrestling with has his critics, of course. Anyone as ener- getic and effective as John is bound to en- lateral institutions. during the last few years of this admin- counter those who disagree with some or They do not believe in ‘‘aggressive istration. And we all know, and cer- even all of the administration’s policies. But multilateralism’’ an expression used tainly we members of the Senate Se- the policies for which he is sometimes criti- during past administrations. lect Committee on Intelligence know, cized are those of the President and the De- They do not believe that the reluc- that intelligence has been seriously partment of State which he has served with tance of European powers to join us in flawed in recent years. We all know loyalty, honor, and distinction. all our causes is a failure of our diplo- that. President Bush has the right to his macy, because nations will pursue But to take a serious problem, which nominee for the United Nations. All their national interest no matter what our committee has now spent years ex- Senators have the right to refuse con- the rhetoric may be. To measure diplo- posing and correcting, with the support sent if they so choose. If our friends on macy by the decisions of nations is to of the administration—and to turn it the other side, or even friends on this

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5986 CONGRESSIONAL RECORD — SENATE May 26, 2005 side, disagree with Mr. Bolton and who were on the Senate floor at the We must defend the Senate’s con- want to vote ‘‘no,’’ they have every time. stitutional powers, however, or we right to do so. But he certainly de- Today, I rise to focus on what the shall surely lose them. serves a vote up or down for this very vote that may take place at 6 o’clock The second type of information the important position, and he does not de- today is about. We are about to vote on committee has not received relates to serve to have his nomination filibus- a genuine constitutional option. The Mr. Bolton’s requests to obtain the tered. vote we are about to cast on cloture, if identity of U.S. persons cited in NSA All Senators, as I say, have a right to it takes place, is about whether we are intercept reports. We are told that Mr. refuse consent. In a time of war—and going to stand up for this coequal Bolton did this on 10 occasions, involv- we remain in a complicated global branch of Government’s rights to re- ing 19 U.S. person identities. war—a President’s right to assemble view relevant information in the exer- The chairman and vice chairman of his national security team should not cise of our constitutional responsi- the Intelligence Committee have been be hindered, and it certainly should not bility and our constitutional power to shown these intercepts, but Senator be hindered by people on the floor of advise and consent to nominations put LUGAR and I have not. the Senate. It is time, well past due, to forward by the President or whether we Even Senators ROBERTS and ROCKE- have this vote. are going to let the executive branch FELLER were not told the identities of Mr. Bolton is a good man. I have define for us what information is nec- the U.S. persons, moreover, informa- known him for most of those 20 years. essary in the exercise of our constitu- tion that was readily shared with Mr. I know him personally. I know he is a tional responsibility. Bolton and even with his staff. man of integrity. I know he is a man of The President has his constitutional No one in the executive branch has great intelligence. I know he is a tough responsibilities, defined in article II. explained why an Under Secretary of person, exactly what we Americans We have our constitutional responsibil- State—and a staff member not holding would like to have at the U.N., some- ities, defined in article I. Our responsi- any Senate-confirmed position—may times called a dysfunctional U.N. This bility is to advise and consent as it re- see this information, but the chairman is a man who can bring some credi- lates to any nomination for an appoint- and ranking members of the relevant bility. This is a man who can straight- ive office, above a certain level, that Senate oversight committees may not. en some of the mess out. This is a man the President of the United States Senator ROBERTS tells us that after who can make a difference. He has been makes. It is the President’s obligation reviewing the contents of each report, confirmed so many times in the Sen- to propose; it is our obligation to dis- it is apparent that it is: ate, one would think we would be pose of the nominee. not necessary to know the actual names [of ashamed to make some of the argu- The State Department has denied the the U.S. persons] to determine whether the requests were proper. ments that have been made against request completely, stating that to ful- this very fine man. fill it would chill the deliberative proc- With all respect, I believe my friend I will vote for Mr. Bolton, and if he is ess and that it ‘‘does not believe the re- has it wrong. Learning the actual confirmed, I will offer him my con- quests to be specifically tied to issues names is the key to the inquiry—and it tinuing support as he undertakes yet being deliberated by the Committee.’’ is impossible to make any judgment about the propriety of Mr. Bolton’s re- another demanding mission, and it is The department’s assertion about de- quests without knowing the names. demanding. I urge all my colleagues to liberative process is not trivial. That I am inclined to think there is noth- be fair. That is what is involved here. concern did not stop the Department ing improper in Mr. Bolton’s requests It is a question of fairness. I hope they and the CIA, however, from already for this NSA information. will be fair and vote for this very fine turning over numerous materials to But the longer the executive branch man and give our side a chance to have the committee that involve the very withholds this material, the more I somebody there who is strong, tough, same type of deliberative process— start to wonder. If Mr. Bolton did noth- knowledgeable, loyal, and capable. He preparation of speeches and testimony. ing wrong, then why won’t the admin- is all of those things. I can personally And the department has made no effort istration let us confirm that? testify to that extent, knowing this to justify why it is drawing the line Senator ROCKEFELLER reported to our man as I do. I hope everybody will vote here. for cloture today and then hopefully committee yesterday that Mr. Bolton, The Department’s second assertion— afterwards vote Mr. Bolton up so he upon learning from NSA the identity of that the Syria material is not relevant can start serving and the President can a U.S. official who had delivered a mes- to the committee’s inquiry—is nothing have his foreign policy team in place. sage just the way that Bolton wanted less than an outrageous attempt by the Mr. President, I suggest the absence it to be delivered, sought out that U.S. executive branch to tell the Senate of a quorum. official and congratulated him. That how it may exercise its constitutional The PRESIDING OFFICER. The action may have violated the restric- power. clerk will call the roll. tions that NSA imposes on further dis- The senior assistant bill clerk pro- For several weeks, the Committee on semination of its information. ceeded to call the roll. Foreign Relations has been requesting More importantly, if Mr. Bolton used Mr. BYRD. Mr. President, I ask unan- two types of information which have U.S. person identities in an NSA inter- imous consent that the order for the been denied to it. cept to congratulate officials who did quorum call be rescinded. The first relates to preparation for what he wanted, might he also have The PRESIDING OFFICER. Without testimony on Syria and weapons of used such U.S. person identities to at- objection, it is so ordered. mass destruction that Mr. Bolton was tack officials with whom he did not Mr. BYRD. Mr. President, I thank to give in 2003. The State Department agree? That has been suggested in the the Republican side for yielding me 10 has denied the request completely, press, and while I doubt that Mr. minutes. So I yield myself 10 minutes. stating that to fulfill it would chill the Bolton would do that, Senator ROCKE- (The remarks of Mr. BYRD are printed deliberative process and that it ‘‘does FELLER’s report urges the Foreign Re- in today’s RECORD under ‘‘Morning not believe the requests to be specifi- lations Committee to seek: Business.’’ cally tied to issues being deliberated . . . a more complete understanding of the The PRESIDING OFFICER (Mr. COR- by the Committee.’’ extent to which he may have shared with NYN). The Senator from Delaware. The Constitution says that the Sen- others the nineteen U.S. person identities he Mr. BIDEN. Mr. President, I rise to ate shall advise and consent to nomina- requested and received from the NSA. speak about the vote we will be casting tions. The appointments clause does All Members of the Senate should un- at 6 o’clock today, the cloture vote. I not limit the Senate’s power to review derstand: both the integrity of the had some opportunity to speak on the nominations to those matters the exec- nomination process, and the Senate’s merits and demerits of the Bolton nom- utive branch deems relevant. constitutional role, are being chal- ination yesterday and had an oppor- Our Founding Fathers designed a sys- lenged today. tunity to discuss this issue with my tem of checks and balances, not a sys- The failure of the administration to colleague, Senator LUGAR, and others tem of blank checks. cooperate with the committee, and one

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As the not pushing. ther executive privilege nor any other Executive, I have the privilege to have All we want to see is the draft texts constitutionally-based rationale for confidential discussions with my subor- of the speech and the material on the not cooperating with this committee. dinates. Or, the information you are clearance process. I hope the Senate It has no right under past practice or seeking infringes upon the power of the will stand up for itself today at 6 under constitutional theory to deny us executive in such a way that you are o’clock. information on a nomination based on usurping article II powers, or attempt- Mr. ISAKSON. I ask unanimous con- its own belief that the request is not ing to yield them, like Estrada, to the sent to address the Senate as if in specifically tied to the issues being de- third branch of Government in article morning business. liberated by the Committee. III. The PRESIDING OFFICER. Without Under the doctrine of separation of They do not assert any of that. They objection, it is so ordered. Mr. ISAKSON. Mr. President, before I powers, the Senate is a co-equal branch just say the information we have asked make the remarks, let me reaffirm my of Government. It is within our for, in their opinion, is not relevant to commitment and my support for John power—and ours alone—to decide what our legitimate inquiry. That is a new Bolton as ambassador to the United we think is relevant to our delibera- one for all the years I have been here. tions in the exercise of the advice and I thank the majority leader of the Nations. Like every Member of this Senate, I consent power. Senate, Senator FRIST, for trying what recognize the importance of that ap- To acquiesce in the administration’s I believe has been his level best to get pointment. I recognize the concerns remarkable assertion would undermine the information. He and I had a call many of my constituents in Georgia the Senate’s power. If we vote on this today. He has talked about this. I am have had with the United Nations. nomination without getting all the sure I am not revealing anything I John Bolton is the right man at the facts first, that it is a step that we will shouldn’t. He contacted the National right time for this country to be our all come to regret. Security Agency. He said, Why can’t ambassador to the United Nations. The request for this cloture vote is we see the so-called intercepts we are (The remarks of Mr. ISAKSON are not a filibuster. If there were a fili- talking about? Give me, the majority printed in today’s RECORD under buster, we would have demanded the leader, the same information you gave ‘‘Morning Business.’’) use of 30 hours of debate time post-clo- to Mr. Bolton and his staff. Mr. KOHL. Mr. President, once again, ture. The majority leader was surprised I come to the floor to voice my con- This vote is a vote about the Senate’s when he was told by a general running cerns regarding the appointment of constitutional power. It is a vote to the National Security Agency, No, I John Bolton to an important office in tell the executive branch it must turn won’t give you that. I will give you the this administration. This time he is over information the Senate has re- same thing I gave to the Intelligence being promoted to a Government posi- quested. Committee which is a redacted docu- tion with high international profile, I urge my colleagues to reject clo- ment. That is a fancy phrase for say- the U.S. ambassador to the United Na- ture. ing, the document without the names. tions. I believe his appointment to this The Constitution, to paraphrase I said, Mr. Leader, I think that is not post will harm our interests at the UN Hamilton in Federalist 76, is designed good enough. I think he knows it is not and hamstring our international co- to make sure that nobody becomes an good enough. This is strong-arming. operation efforts. appointed official at the executive They are making no argument as to Mr. Bolton, whom I opposed when he level, the Cabinet level, whom the why we are not entitled to it. was nominated to be the Under Sec- President does not want. That is a I remind Members, the information retary for Arms Control, did not distin- guarantee. But it does not guarantee we are seeking is information Mr. guish himself in his last job. His com- the President gets the first person he Bolton’s staff got. Mr. Bolton, as im- ments about the North Korean regime asks for, or the second person. It guar- portant as an under secretary is, is not during sensitive negotiations almost antees that the Senate will use due the majority leader of the Senate; he is derailed our efforts there. This is not diligence in determining whether the not the Senator from Connecticut. Mr. just my opinion. After his remarks, Mr. person the President of the United Bolton’s staff got this information. Bolton’s superiors recalled him to the States nominates to fill a position—in I asked the leader why they wouldn’t United States and sent a replacement. this case, ambassador to the United release the information, and he said be- This blunder is not the only black Nations—whether that appointment is cause it is highly secret. Translate mark on Mr. Bolton’s record. He also in the interest of the United States of that. Got that? They are not going to failed in another highly critical nego- America. give information to the leader of the tiation—our unsuccessful attempts to That is our job. We are not filibus- Senate because it is secret. In the convince Iran to curtail its nuclear ac- tering. This is not about whether we neighborhood I come from, that means, tivities. will vote on Mr. Bolton’s nomination. you don’t trust me. The nerve of this Mr. Bolton also has publicly and The Senator from Connecticut and I outfit to say they are not going to give often expressed his disdain for the and others have said, we are ready to the information. United Nations—the very institution vote on Mr. Bolton’s nomination, if With regard to Syria—and my time is the President has chosen to send him you give us information that we have about up—we have asked for informa- presumably to represent us and pursue requested and are entitled to in assess- tion relating to whether Mr. Bolton our interests. How can he do that when ing whether Mr. Bolton should go to was lying to us and whether Mr. Bolton his public criticism of the U.N. has the U.N. representing the United was trying to get us into war with been, not constructive or thoughtful, States of America. Syria in the summer of 2003 when a lot but heavy handed and destructive? He The President has an option under of people wanted to go to war. has advocated not paying our U.N. dues the Constitution. He can say, Senate, Remember the argument? The argu- and, in a moment of high arrogance, what you are asking for is a violation ment was that all the weapons of mass said he thought there should only be of the separation of powers doctrine; destruction—that turned out never to one permanent member of the Security you are not entitled to the information have existed—were smuggled to Syria. Council—the United States—to reflect you seek because it falls into the pur- Syria has them, plus a nuclear pro- today’s international . view of what we call executive privi- gram, and we better do something Statements like these make our allies lege. In order for me as President—or about it. And what the intelligence believe that we do not value their co- for any President—to be able to con- community said to Mr. Bolton was, you operation and effort—and perhaps Mr.

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But we in the Senate have a years, I have kept the many talented, Even more troubling, it appears that right not to consent to the appoint- hard working, dedicated, and patriotic the reason Mr. Bolton gave the NSA to ment to the ambassador to the U.N. of Americans working throughout the justify his ‘‘need to know’’ was not the a man whose views would, in my opin- world for our intelligence agencies real reason he sought out the informa- ion, keep him from being able to do his foremost in my mind. One of my cen- tion. job. tral concerns has been to try to ensure This is yet another example of John There is an old saying that ‘‘you that they have the right and ability to Bolton using and misusing intelligence gather more flies with honey, than do their jobs: to get the facts and speak to suit his own purposes. It is also with vinegar’’. I am afraid that we are truth to power. clear that Mr. Bolton bullied a number sending a big bottle of vinegar to the Speaking truth to power means tell- of others who dared to disagree with U.N., and it will attract us no friends. ing the boss what he or she should hear him, including others in the intel- Diplomacy requires tact. It requires rather than just what they want to ligence community. My colleagues— being able to use both the carrot and hear. This is absolutely critical to the Senator BIDEN, Senator VOINOVICH and the stick, rewards and sanctions. Mr. security of our Nation. That is why I others—have detailed these charges Bolton seems to be focused entirely on am opposing John Bolton’s nomination well, and I will not repeat that here. the stick, believing that by wielding to be America’s Representative to the Mr. Bolton’s intolerant attitude and our power and the threat of force like United Nations. It is clear to me that conduct must not be rewarded. It inevi- a cudgel, we can bring the inter- he does not respect the truth or the tably results in chilling truth and national community into line. I do not hard working experts that labor day in facts. It is an attitude hostile to the agree. and day out to provide policy makers very concept of speaking truth to Senator VOINOVICH was right when he with the best information and their power. said the United States can do better best judgments. We need the world to understand that than John Bolton. There are so many I have carefully reviewed the report the United States getting Iraq wrong bright, gifted people in the administra- prepared by the Foreign Relations was an aberration, a one-time, never- tion that would do a better job and be Committee. It is evident to me, from to-be-repeated mistake. The world a better fit. I regret the President did reading the minority views of the com- must believe, and it must be true, that not send one of those people to us for mittee’s report, that Mr. Bolton is a facts and truth are what inform our this high profile job. Mr. Bolton’s pres- bully, but not just any bully. He is a policies and actions at home and ence at the U.N. will do little to build bully with a purpose: to browbeat in- abroad. telligence professionals to disregard our prestige around the world, and may They must also believe our leaders the facts, and to send a message to all well hamstring our efforts in the war and policy makers when they speak. the other intelligence professionals on terror. I urge my colleagues to vote When we speak about intelligence, peo- that they speak the truth at their against this nominee. ple cannot be wondering, is that Amer- peril. His purpose seems clear: to in- Ms. MIKULSKI. Mr. President, I rise ican lying to me, misleading me, tell- timidate. His actions seem clear: to re- today to speak on the nomination of ing me half the truth. John Bolton to be the United States taliate. The stakes are too high: war and Representative to the United Nations. Mr. Bolton retaliated against those I have three criteria I use to evaluate who disagreed with him. He claims not peace; life and death; weapons of mass all executive branch nominees: com- to have sought to have anyone fired. destruction; Iran; North Korea; ter- petence, integrity, and commitment to He said he merely ‘‘lost confidence’’ in rorism. These are the stakes we are the core mission of the department. them. But, that’s just a polite way to talking about. Mr. Bolton has had wide-ranging ex- say a person is unqualified and should America cannot afford to send some- perience and is competent. be fired. It’s a distinction without a one to the U.N. that many people al- I do not agree with many of Mr. difference. When a senior policy maker ready believe does not respect the Bolton’s past statements about the has lost confidence in you, I think we truth. We already have a huge credi- U.N. However, his statements during can all agree that your career is effec- bility gap at the U.N. and in the world. the confirmation process indicate he is tively over. The U.N. was where our respected now committed to the mission of the Playing with words cannot obscure Secretary of State laid out our case for U.N. I will give him the benefit of the the fact that Mr. Bolton went after in- going to war with Iraq. We disclosed doubt on this one. telligence professionals for doing their extensive intelligence information to But I cannot be so flexible when it jobs, for telling the truth, for speaking demonstrate that Iraq had WMD, that comes to the very serious questions truth to power. He was the power, the it was a threat to the region, our coun- about Mr. Bolton’s integrity. boss, the senior official and he had no try and the world. We now know, I rise today as the Senator from use for truth. through no fault of our Secretary of Maryland and as a long-time member According to the investigation by the State, that much of that information of the Senate Intelligence Committee. Foreign Relations Committee, Mr. was wrong. I have been working on reforming our Bolton tried to fire an analyst with the Many of us have worked tirelessly to intelligence community since I first State Department’s Bureau of Intel- make sure that something like that became a member of the Intelligence ligence and Research. The intelligence never happens again. Building on the Committee before the tragedy of Sep- professional disagreed about language work of the 9/11 Commission, we tember 11. I served on the 2002 joint in- regarding biological weapons that Mr. worked for much of last year to pass quiry about what happened on that ter- Bolton wanted to include in a speech. dramatic and broad based reform of our rible day. I served on the Intelligence Mr. Bolton also asked that the Na- intelligence community. We fought Committee’s 2003 review of Iraq intel- tional Intelligence Officer for Latin hard to make sure that a single person ligence. America be reassigned, because he told would be in charge of the entire intel- I worked on the 2004 reform legisla- Mr. Bolton that the language on bio- ligence community, to mandate alter- tion that built on the work of the 9/11 logical weapons did not reflect the in- native or red team analysis to always Commission and that we passed last telligence community’s assessment. make sure that we policymakers have year. We looked for ways to prevent Mr. Bolton also appears to have the best information available. what happened on September 11 from abused his access to intelligence. The We are now working to make that re- ever happening again. We looked for Senate Intelligence Committee re- form a reality. Just last month, I voted ways to make sure that what happened cently investigated charges that Mr. with 97 of my colleagues to confirm the

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Every step is im- it is essential that this individual be When Mr. Bolton was nominated to portant. someone with indisputable integrity be Under Secretary of State in 2001, I But one of the most important steps and extraordinary diplomatic abilities. strongly opposed and voted against his is ensuring that our intelligence pro- After listening to John Bolton’s con- nomination. At that time, I had serious fessionals understand and believe that firmation hearings before the Senate reservations about his experience, dip- their work is valued. That truth and Foreign Relations Committee, I feel lomatic temperament, and his poor facts are important. That they can and confident in saying that John Bolton is track record on non-proliferation and must speak truth to power. That we not that person. arms control. Over the last four years, are on their side. That the Senate of Most troubling to me are allegations Mr. Bolton has proved me right. As the the United States takes these matters from senior U.S. intelligence officials— top proliferation official at the State seriously. including a senior Bush administration Department, Mr. Bolton has been inef- That is why at the confirmation appointee—of Mr. Bolton trying to in- fective in his current responsibilities hearing of our nation’s first nominee timidate and even remove intelligence and the world has become more dan- for Director of National Intelligence, I analysts simply because they did not gerous under his watch. The Bush ad- asked Mr. Negroponte if he agreed that share his political views. Mr. Bolton ministration’s record on proliferation, the professionals in the intelligence even went so far as to get in his car and from Pakistan to Iran to North Korea, community must be free to ‘‘speak go out to the CIA to seek the removal has been poor, at best. truth to power.’’ He said, ‘‘Truth to of one intelligence officer. At any time, After much debate, the Foreign Rela- power is crucial. And we’ve got to as- but especially in the wake of the mas- tions Committee was not able to sup- sure the objectivity and integrity of sive intelligence failures associated port Mr. Bolton’s nomination and, our intelligence analysts.’’ with the decision to invade Iraq, efforts rather, reported it out without rec- I also asked him if he will create a by administration officials to shape in- ommendation. Secretary Powell’s Chief tone where there will be no retaliation telligence to conform to a particular of Staff has said that Mr. Bolton would for people who attempt to speak the preconceived view is unacceptable. It is be an ‘‘abysmal’’ ambassador to the truth. Mr. Negroponte said, ‘‘Yes. I essential that dissent be tolerated and U.N. I might not put it as strongly as think the short answer to you is a cat- even encouraged in the intelligence that, but I will be opposing the nomi- egorical yes.’’ community and not distorted to fit a nation of Mr. Bolton. I asked those questions of the nomi- particular ideology or political agenda. Mrs. FEINSTEIN. Mr. President, I nee, who was under oath and at an open Second, I have strong concerns that rise today to express my opposition to hearing, for two very important rea- Mr. Bolton’s pattern of inflammatory the nomination of John Bolton to be sons. statements about the U.N. will make it the next United States Ambassador to First, I wanted the world to hear difficult for him to effectively advance the United Nations. what he had to say. U.S. security interests in New York Simply put, he is the wrong man at Second, I wanted all of our intel- and to build support for much-needed the wrong time for what is an impor- ligence professionals throughout the reforms at the U.N. The last thing we tant and critical position. World to hear what he had to say. want is for countries to make Mr. At a time when the reputation of the I wanted our intelligence profes- Bolton an excuse for resisting reform. United States is at an all time low in sionals to know that they were author- Taking a tougher approach to the U.N. many parts of the world and our mili- ized, indeed, obligated to seek the through constructive criticism is one tary is stretched thin, we need a rep- truth and speak the truth. And, I want- thing; disregarding its value and belit- resentative at the United Nations who ed them to know that our most senior tling its very existence is another. We can engage and work with our friends intelligence professional, the Director need someone in New York who is and allies to forge multilateral solu- of National Intelligence, would not tol- unafraid to shake things up and chal- tions on: the war on terror, the pro- erate retaliation for speaking truth to lenge the status quo, but that person liferation of weapons of mass destruc- power. Mr. Negroponte’s statements must also have the credibility, tem- tion, global poverty, the HIV/AIDS stand on their own. perament, and diplomatic skills to pandemic, and global warming, just to I believe it would be wrong to con- work with other nations, form coali- name a few. firm Mr. Bolton as the United States tions, and advance U.S. interests. The Yet throughout his career, John representative to the United Nations. only tool in Mr. Bolton’s toolbox ap- Bolton has demonstrated an unre- He has disregarded the truth. He has pears to be a hammer. strained contempt for diplomacy and sought to punish intelligence profes- Third, I am disturbed by some of the international treaties. sionals for speaking the truth. He has contradictions in Mr. Bolton’s recent In a letter to Senator RICHARD tried to intimidate intelligence profes- testimony. For example, Mr. Bolton LUGAR, chairman of the Foreign Rela- sionals into agreeing with him regard- pledged to the Foreign Relations Com- tions Committee, 102 former American less of the facts. mittee that he has not and will not diplomats representing both Demo- To confirm Mr. Bolton would send a make statements that are not approved cratic and Republican administrations terrible message to our intelligence by the administration. Yet his own tes- urged the committee to reject Mr. professionals. It would be a terrible sig- timony about Iran appeared to do just Bolton’s nomination because of his nal for our intelligence reform efforts. that—using language rejected by the ‘‘exceptional record of opposition to ef- It would undermine our efforts to re- administration more than a year ago. forts to enhance U.S. security through store our credibility in the world and There are other instances of this be- arms control. The letter notes that Mr. to do the hard work of reforming the havior during the hearings, where our Bolton led the effort against ratifica- United Nations. Ambassador to South Korea has dis- tion of the Comprehensive Test Ban Mr. LEAHY. Mr. President, I have puted what Mr. Bolton said Treaty; blocked a more robust inter- been privileged to have served under Finally, there is a tone and tempera- national agreement to curb the pro- both President Clinton and President ment issue with Mr. Bolton’s nomina- liferation of small arms; led the effort George W. Bush as one of the two Sen- tion. According to respected officials to block the Ottawa Landmine Treaty; ate delegates to the United Nations, who have worked with him, Mr. Bolton led the effort to have the United States and there is no doubt that the United bullies, belittles and undermines those withdraw from negotiations to formu- States Permanent Representative to who do not agree with him. We all lose late a verification system for the Bio- the U.N. is one of the most important our cool from time to time. Disagree- logical Weapons Convention; and led diplomatic posts in the U.S. govern- ments are part of human discourse. the campaign to have the U.S. with- ment. But, there is a pattern with Mr. Bolton draw from the ABM Treaty.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5990 CONGRESSIONAL RECORD — SENATE May 26, 2005 What sort of message do we send to Darfur; convincing North Korea and Even if you assume that this is true, our friends and allies by nominating an Iran to forgo their respective nuclear Mr. Bolton’s efforts to trash intel- ideologue and not a consensus builder weapons programs; combating the glob- ligence analysts and pattern intel- for this leading post at the United Na- al HIV/AIDS pandemic; stopping the ligence to fit his views, had a chilling tions? proliferation of weapons of mass de- effect on the intelligence community I, for one, am unaware of another struction; and fighting the war on ter- and its ability to provide sound, cred- nominee to an international body who ror? ible intelligence. has garnered so much opposition from To say the least, I have little con- Robert Hutchings, the former Chair- individuals who have served on the fidence in Mr. Bolton’s chances for suc- man of the National Intelligence Coun- front lines of American diplomacy. cess if he is confirmed and his inability cil, told the Foreign Relations Com- The fact is, these 102 U.S. diplomats to be an effective and constructive am- mittee: who have written in strenuous opposi- bassador will produce disastrous con- [W]hen policy officials come back repeat- tion to Mr. Bolton recognize that dia- sequences for American foreign policy. edly to push the same kinds of judgments, logue, cooperation, and, yes, com- In response to the mounting criti- and push the Intelligence Community to con- promise are essential if we are to build cism of the President’s nomination, the firm a particular set of judgments, it does alliances and enlist the support of administration has attempted to shift have the effect of politicizing intelligence, because the so called ‘correct answer’ be- other states in tackling the common the debate from Mr. Bolton’s qualifica- tions to the need for reform of the comes all too clear . . . it creates a climate problems we all face. of intimidation and a culture of conformity By opposing virtually every meaning- United Nations. that is damaging. ful arms control treaty over the past A vote for Mr. Bolton is a vote for re- form at the U.N., they argue. A vote Given the failure of pre-war intel- few years, John Bolton has placed his ligence on Iraq and the profound nega- faith in a unilateral, go-it-alone for- against Mr. Bolton is a vote for the status quo. A blunt, no-nonsense ap- tive impact that failure had on the eign policy that has stretched our mili- credibility of the United States in the tary thin and dramatically weakened proach is needed to get the job done. Nothing could be further from the international community, we should respect for America in the world. not send a representative to the United I had hoped that President Bush truth. Mr. Bolton has made it clear that he does not have faith in multilat- Nations who has sought to conform in- would make the rebuilding of our telligence to his stated views and pun- friendships and alliances a priority for eral diplomacy or the mission of the United Nations. Why should we expect ish those who disagreed with him. the next four years. The nomination of Indeed, the next United States Am- Mr. Bolton sends precisely a different him to be committed to a more effec- tive United Nations? How effective is a bassador to the United Nations may signal that the U.N. will continue to be blunt manner if the individual is un- very well be charged with gathering our rhetorical whipping boy. international support to convince Iran We all know that we cannot afford to prepared to listen or compromise? United Nations Secretary General and North Korea to abandon their nu- go it alone in taking on the great chal- Kofi Annan has produced a report on clear weapons programs. A person of lenges in front of us. It is faulty to as- recommendations for reforming the Mr. Bolton’s credibility on intelligence sume that once he arrives at the U.N. so that it can better tackle the matters is unlikely to garner much United Nations headquarters in New challenges of the new century. The support and, indeed will likely face York, John Bolton will suddenly dis- United States should play a meaningful stiffer opposition. cover a new faith in diplomacy and and constructive role in that debate. Surely the President can find an- international agreements. But his inflexible views and harsh other nominee who is committed to It is also a stretch to assume that temperament suggest to me that Mr. multilateral diplomacy and appre- John Bolton will likewise discover a Bolton will himself be the issue at the ciates, rather than denigrates, the newfound faith in the United Nations U.N.—not the steps that need to be goals and mission of the United Na- and its mission. Many of Mr. Bolton’s taken to improve the workings of the tions. comments about the United Nations institution. Despite what the administration may have been raised before but they are Let me turn now to several allega- assert about Mr. Bolton’s ‘‘blunt’’ man- worth repeating. Such as: tions have been made about Mr. ner, such an individual will be far more There is no such thing as the United Na- Bolton’s past conduct as Under Sec- effective at representing United States tions. There is an international community retary of State for Arms Control and interests, shaping alliances to confront that occasionally can be led by the only real International Security that raise seri- problems that transcend borders, and power left in the world and that is the ous questions about his fitness to serve encouraging U.N. reform. United States when it suits our interest and Mr. Bolton has made a career out of we can get others to go along. as United States ambassador to the The secretariat building in New York has United Nations. shunning diplomacy, blasting the 38 stories. If you lost ten stories today it As detailed in the minority report of United Nations, ignoring the advice of wouldn’t make a bit of difference. the Senate Foreign Relations Com- others, and moving ahead with a for- If I were redoing the Security Council mittee on his nomination, Mr. Bolton eign policy that emphasizes arrogance today, I’d have one permanent member be- sought to replace two intelligence ana- over leadership. cause that’s the real reflection of the dis- lysts, Christian Westermann, a State In these difficult times, he is a risk, tribution of power in the world . . . the Department analyst in the Bureau of not an asset, in advancing our national United States. Intelligence and Research, and the Na- security interests abroad and on that As my friend and colleague Senator tional Intelligence Officer, NIO, for basis does not deserve the Senate’s sup- BIDEN has stated, when you listen to Latin America at the Central Intel- port in confirming his nomination. quotes such as these, you wonder why ligence Agency, who refused to back Mr. CORZINE. Mr. President, today I Mr. Bolton would even want the job of his assertion that Cuba was developing will be voting against the nomination Ambassador to the United Nations. a biological weapons program; exagger- of John Bolton to be Ambassador to Indeed, given his disdain for the in- ated intelligence on Cuba’s biological the United Nations. stitution and the other members of the weapons program and Syria’s nuclear When the President first nominated Security Council, Mr. Bolton is un- activities to fit his own personal views; Mr. Bolton for this position, I ex- likely to find a receptive audience for and pushed for the dismissal of a State pressed deep disappointment and con- his ideas and initiatives, much less be Department official he wrongly ac- cern. First, because of his repeated ex- able to forge alliances to protect Amer- cused of purposefully withholding a pression of disdain for the organiza- ican interests and increase global secu- document. tion. But, more importantly, because rity. Supporters of Mr. Bolton’s nomina- Mr. Bolton is as responsible as any How successful is Mr. Bolton likely tion argue that these charges should member of the administration for the to be in enlisting United Nations sup- fall by the waistside because no one needless confrontations with the rest port for promoting political stability lost their job and his statements large- of the world and for the international and economic development in Iraq and ly reflected the views of the intel- isolation that plagued President Bush’s Afghanistan; stopping the genocide in ligence community. first term and for the shaky credibility

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5991 we carry today. At a time when we bility, and they build the respect and If you need a carpenter, you don’t need to be strengthening our alliances loyalty of their staff. Management by hire someone who can’t use a hammer, and making full use of international fear is a recipe, in both public service even if they know a lot about houses. institutions to achieve our foreign pol- and the private sector, for getting only If you need help with your taxes, you icy goals, sending Mr. Bolton to the the information that you want to hear. hire an accountant, not a music teach- United Nations sends the exact wrong Shoot the messenger and other mes- er. message. I don’t accept his view that sengers will not volunteer to deliver And if you need someone to represent the U.N. is a vehicle to be used by the the bad news. And I submit to you that the United States to the other coun- U.S. ‘‘when it suits our interests and Mr. Bolton has developed a reputation tries of the world, you hire a diplomat, we can get others to go along.’’ Diplo- for shooting the messenger. not an ideologue. macy in most people’s minds requires We must begin to learn the lessons of We are talking about the U.S. Am- attention to more than just coalitions Iraq. It should be more than clear by bassador to the United Nations. of the willing. now that our national interests are This is not an entry level position. Over the past month, the Senate For- damaged when policy makers bend in- This job calls for an experienced dip- eign Relations Committee has uncov- telligence. And we should all under- lomat. ered a pattern of behavior on the part stand by now that accurate, objective What does that entail? Webster’s Dic- of Mr. Bolton that has only confirmed intelligence requires analysts who are tionary defines ‘‘diplomacy’’ as: the art my concerns. Most disturbing to me is free to offer differing views. We face se- and practice of conducting negotia- the evidence of Mr. Bolton’s troubled rious threats, from international ter- tions between nations for the attain- and confrontational relationship with rorism to the proliferation of weapons ment of mutually satisfactory terms; our intelligence community. of mass destruction. We have serious the procedures, methods and forms em- In speeches and testimony, he has ap- foreign policy concerns to address, ployed in conducting such negotia- peared to stretch the available intel- from genocide to global climate tions; the skillful or successful settle- ligence to fit his preconceived views. change. Protecting our national secu- ment of differences between peoples; On three separate occasions, he tried to rity interests demands policy makers and, adroitness or artfulness in secur- inflate language characterizing our in- who seek objective intelligence on ing advantages without arousing hos- telligence assessments regarding Syr- these and other challenges. Given his tility. ia’s nuclear activities. He sought to ex- track record, John Bolton is clearly That definition does not sound like aggerate the intelligence community’s not that policy maker. the Mr. Bolton we have heard about. views about Cuba’s possible biological Another lesson of Iraq is the critical If we send Mr. Bolton to the United weapons activities. His track record, importance of American credibility. Nations, we would be sending a go-it- on these and other matters, was so bad The inaccurate presentations made by alone ideologue with open disdain for that the Deputy Secretary of State our Government to the international the U.N., exactly what our country made an extraordinary order—that Mr. community have done serious damage does not need. Around the world today, polls show Bolton could not give any testimony or to our interests. If we are to gain the that even citizens of our strongest al- speech that was not personally cleared active support of other nations in con- lies have a generally unfavorable view by the Deputy Secretary or the Sec- fronting common threats such as ter- of the United States. retary’s Chief of Staff. rorism and weapons of mass destruc- I realize that many Americans say, He also dampened critical debates tion, we will need to convince those na- ‘‘why should we care what other na- among professionals on important pol- tions of our views. To do so, we will tions think?’’ icy issues by retaliating against ana- need their trust. This challenge is espe- And the answer is, the attitudes of lysts who presented a different point of cially complicated at the United Na- other nations affect our national secu- view than his own. For example, on tions, where Secretary of State Colin rity. three occasions over a six month pe- Powell gave what turned out to be an almost entirely inaccurate presen- We recently celebrated VE Day. It riod, he sought to remove a mid-level was a day I will never forget, because I analyst who disputed the language he tation on Iraq, and where the adminis- tration dismissed all alternative views, was serving in the Army in Europe. I tried to use about Cuba. celebrated the end of the war with my The proliferation of weapons of mass including those of U.N. inspectors. Mr. Army buddies, as well as British sol- destruction is a serious matter. I would Bolton is not the person to repair this diers who were our allies. not criticize Mr. Bolton for asking in- damage. And his record makes it ex- tremely unlikely that he could rebuild As much as we might like to think telligence analysts hard questions that we don’t need anything from any about proliferation issues, nor should our credibility in the international community in its most visible forum— other country, it certainly was good to policy makers refrain from challenging have allies in World War II. the assumptions of those analysts. But the U.N. The nomination of John Bolton is a And wouldn’t it be good today if Mr. Bolton was doing something far lost opportunity for this administra- more nations would send troops to different. He made it clear that he ex- tion to regain American leadership at Iraq, so some of our soldiers could pected intelligence analyses that con- the United Nations. It is also dan- come home, and so American taxpayers formed with his preconceived policy gerous. Failure to gain support in the wouldn’t have to bear most of the cost views. Rather than welcome contrary U.N. for our policies puts us at unnec- of that war? intelligence analyses as essential to an essary risk. Simply put, we cannot af- Whether we like it or not, world informed debate, he retaliated against ford an ineffective Ambassador at the opinion matters. those who offered contrary views. United Nations. The fact is, none of the major chal- Mr. Bolton’s approach to those Mr. LAUTENBERG. Mr. President, lenges our Nation faces today can be around him has been harshly criticized before the people of New Jersey elected conquered by us alone. by those who have worked with him. me to the Senate 23 years ago, I In order to win the war on terror, Larry Wilkerson, the Chief of Staff for worked in the corporate world. curb global warming or succeed in the Secretary Powell, called him a ‘‘lousy I helped start a company from international economy, we need our al- leader.’’ Carl Ford, former head of the scratch, and when I left, we had about lies and international institutions. State Department’s Bureau of Intel- 20 thousand employees. Failing to engage these indispensable ligence and Research, referred to Mr. I learned a few things about hiring partners will make U.S. efforts less ef- Bolton as a ‘‘quintessential kiss-up, people. fective, and jeopardize the stability, se- kick-down sort of guy.’’ I learned that a person might be an curity, prosperity, and health of Amer- This is not the person we need at the intelligent human being. They might icans. United Nations. Good diplomacy, like be proficient at many things. They John Bolton is the wrong man to good business, relies on a great team might have a lot of interesting ideas. forge the alliances we need to address and a good leader. Good leaders listen. But if they don’t fit the description these vital challenges. They listen to their troops, they make for the position you need to fill, they Instead of reaching out to the rest of reasoned decisions, they take responsi- are not the right person for the job. the world, his nomination would push

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5992 CONGRESSIONAL RECORD — SENATE May 26, 2005 other nations away and isolate Amer- ministrations. They all agree that more committed to making it stronger ica. John Bolton is the wrong man for the and more effective. Yesterday my friend from Indiana job. I find myself deeply saddened by the complained that we were putting Mr. I have heard Mr. Bolton compared to efforts of a minority of Senators to Bolton’s career ‘‘under a microscope.’’ one of our former colleagues, my good delay Mr. Bolton’s confirmation. He is Well, when I was in the private sector friend and neighbor, Senator Pat Moy- an extremely qualified candidate, who and my company was evaluating a po- nihan. has been confirmed by the Senate four tential new hire for a key position, That is nonsense. Mr. Moynihan was times in the past. Why the change of that’s exactly what we did—and I don’t not afraid to criticize the status quo, heart now? think there’s anything wrong with it. but as his daughter pointed out in a re- Rather than questioning Mr. Bolton’s Mr. Bolton’s track record at the cent newspaper column, he appreciated qualifications for the position and the State Department does not withstand the importance of the United Nations. need for U.N. reform, a minority of close scrutiny. Pat Moynihan would never say, as Senators are engaging themselves in As Undersecretary at State, he did John Bolton said, that, ‘‘if the United what boils down to character assas- nothing to resolve the potentially ex- Nations lost 10 stories it wouldn’t sination. I challenge my colleagues to plosive situations in North Korea and make a bit of difference.’’ look at Mr. Bolton’s real character. He Iran. Instead, he inflamed them. This is an important position. We is a man of integrity and honesty, He has blocked international ar- owe it to our country to fill it with the whose candid personality will serve rangements including treaties limiting best person available. As my friend the him well at the United Nations. nuclear weapons testing, landmines, Senator from Ohio said yesterday, I am confident the Senate will con- child soldiers, missile defense, and ‘‘The United States can do better than firm Mr. Bolton. I wish him well in his small arms trade. John Bolton.’’ new position and with the daunting He dismantled the Anti-Ballistic Mis- Mr. President, not only can we do task of reforming the United Nations. sile Treaty, and blocked a verification better, for the good of the country, we It is not an easy one. Despite this chal- clause to the bio-weapons treaty. must. lenge, I believe he will be a welcome And he was a leading opponent Mr. BUNNING. Mr. President, I speak addition to the organization and an against the ratification of the Com- today on the nomination of John agent of change in the international prehensive Test Ban Treaty. Bolton to be the U.S. Ambassador to community. Mr. Bolton does not have the credi- the United Nations. I want to express The PRESIDING OFFICER. The Sen- bility or the diplomatic skill to rep- my full support for his confirmation. ator from Alaska. resent U.S. interests globally. Despite the criticisms of some of my Mr. STEVENS. Mr. President, I have A smart businessman not only con- colleagues across the aisle, John time reserved at 5:30, but I will make a siders the work experience of a poten- Bolton is without a doubt one the most comment before that time. tial employee—you also look at his qualified people to fill this position. I The PRESIDING OFFICER. The Sen- character and ability to get along with believe his no-nonsense diplomacy will ator from Alaska. other people. be a welcome change at the U.N., and Mr. STEVENS. Mr. President, I have In this regard, Mr. Bolton also falls one that will prove to be effective in had the pleasure to work with my good short. For example, in 2002, he sought to ex- the future. friend, John Bolton, on several issues. Now more than ever, the United Na- aggerate assessments of Syria’s nu- Each time I have worked with him, he tions is in need of drastic reform. As clear weapons capability and Cuba’s bi- has proven to be helpful and driven to the world’s only super power and one of ological weapons activities and support obtain the results that will best serve the original founders of the organiza- for terrorism beyond what U.S. intel- the interests of the United States. He tion, it is the United States’ responsi- ligence believed to be true. is a straight shooter, a no-nonsense Dr. Robert Hutchings, former chair bility to play leading role in this re- type of guy who knows how to get re- of the National Intelligence Council, form. Mr. Bolton’s nomination is a re- sults. described Mr. Bolton’s efforts as ‘‘cher- flection of this commitment. His pur- As most of my colleagues know, I ry-picking of little factoids and little suit for the truth will serve him well in take a special interest in issues regard- isolated bits that were drawn out to holding the United Nations account- ing Asia. Alaska’s past, present, and present the starkest possible case.’’ able for its past mistakes. future have always looked westward to Mr. Bolton bullied and tried to re- Although he is not a career diplomat, Russia, China, Japan, and the Korean move analysts whose work did not re- Mr. Bolton has a strong record of suc- Peninsula. It is for that reason that I flect his own biases. cess within the international commu- have decided to support John Bolton. As if all this were not enough, it ap- nity. He has played pivotal roles in the North Korea has had nuclear aspira- pears now that Mr. Bolton was not signing of the treaty of Moscow, the re- tions many years and has taken ag- truthful in his testimony before our peal of the U.N. General Assembly’s gressive steps to acquire nuclear weap- Foreign Relations Committee on April 1975 resolution that equated Zionism ons years before the Bush administra- 11. with racism, and the negotiations in tion came into office. Among John Bolton’s misstatements: the G–8 Partnership Against the Pro- John Bolton’s straight-forward talk He said he did not try to get a State liferation of WMD to name a few. on North Korea should be applauded. Department employee fired. He said he Mr. Bolton not only possesses the te- He was telling the truth. did not threaten any employees be- nacity to deal with the U.N. but also The United States made the good- cause of their views. He said he did not has experience dealing with the organi- faith effort with the 1994 Agreed act against those officials because of zation on a first-hand basis. He volun- Framework by providing food and sup- differing views. He said the U.S. Am- tarily, I repeat voluntarily, worked for port for building of the reactor. But bassador to South Korea approved of the U.N. between 1997 and 2000 with this agreement was destined to fail be- his July 2003 speech, when we now in former Secretary of State James Baker cause of North Korea’s treacherous ac- fact know that Ambassador Hubbard on resolving the conflict in the West- tions in the region. This is not a coun- got in touch with the Foreign Rela- ern Sahara. Not only did he play an in- try we can trust. We now know that tions Committee to ‘‘correct the tegral role in creating a viable ‘‘peace North Korea began cheating on it al- record.’’ plan’’ for the area, but did so on his most as the ink was drying by embark- Just this month, 102 retired dip- own time. ing on a covert uranium enrichment lomats signed a letter to Senators Mr. President, this flies directly in program. LUGAR and BIDEN urging the Senate to the face of my colleagues across the The Bush administration has accom- reject the nomination of John Bolton isle, who repeatedly accuse Mr. Bolton plished the core prerequisite for a last- to be our Nation’s Ambassador to the of hating the U.N. and wanting to dis- ing solution. It has galvanized the United Nations. mantle the organization permanently. international community to work to- These former diplomats have served Rather than being committed to the gether on a lasting, multinational solu- in both Democratic and Republican ad- organization’s demise, I believe he is tion to the problem. The White House

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5993 has stated that the next venue for this Mr. DURBIN. Mr. President, I rise Crying wolf about weapons of mass discussion will be the United Nations. today in opposition to the nomination destruction is an extremely dangerous John Bolton will be that voice, a of Undersecretary of State John Bolton habit. The United States will be living compelling one, to ensure we are able as United States Ambassador to the with the consequences of poor intel- to have an agreement that will stick. United Nations, an institution which ligence and unfounded allegations re- John Bolton is the strong voice that is he has openly and repeatedly disdained. garding Iraqi weapons of mass destruc- required to ensure that America’s vi- A number of factors have led me to tion for years to come. sion on a nuclear weapon free North this decision, but they fall into several The United Nations was at the center Korea is heard at the United Nations. broad categories: Mr. Bolton’s apparent of the WMD debate over Iraq and it will John Bolton believes in frank and abuse of the intelligence process and of be at the center as we seek to address honest diplomacy. John Bolton has not his subordinates; his opposition to North Korea and Iran as well. shied away from naming rogue states peacekeeping and other fundamental We cannot afford to be wrong about that violate international commit- functions of the United Nations; his weapons of mass destruction again, and ments such as the Biological Weapons disdain for the institution itself; his we cannot afford to have at the helm a Convention, the Chemical Weapons opposition to important nonprolifera- man who has deliberately exaggerated Convention, and the Nuclear Non-Pro- tion efforts; and the poor judgment he intelligence regarding these dev- liferation Treaty. has displayed on key foreign policy astating weapons. He has had an effective working rela- questions. There is also the question of pres- tionship with foreign governments, Furthermore, there is the nomina- suring colleagues and subordinates, international institutions, nongovern- tion process itself as it has been car- even attempting to get people fired. mental organizations, and the private ried out in this case. Despite repeated In response to Mr. Bolton’s tactics as sector for over three decades. requests from the Foreign Relations Undersecretary for Arms Control and There is no question that John Committee, the executive branch did International Security, Secretary of Bolton is qualified for the position of not provide key documents concerning State Colin Powell reportedly came U.S. Ambassador to the U.N., and here Mr. Bolton’s requests to learn the iden- down to ask the analysts to continue are just a few reasons why: tities of 10 U.S. officials who were cited to ‘‘speak truth to power.’’ I applaud As the Under Secretary for Arms in intelligence intercepts. Secretary Powell for this step, but he Control and International Security, The administration’s failure to pro- John Bolton led the efforts to imple- should have never had to take it. vide requested and relevant documents The Senate Intelligence Committee ment the President’s strong non- distorts the nomination process. briefly addressed this issue of pres- proliferation agenda, including reform Although handicapped by a lack of suring and seeking to remove analysts of the International Atomic Energy information and candor, the Senate Agency. last year. However, we addressed this Foreign Relations Committee exam- question only superficially, as I point- He has actively promoted effective ined the charges that Undersecretary multilateral solutions to real-world ed out then in the committee’s addi- of State Bolton abused the intelligence tional views on ‘‘The U.S. Intelligence problems such as the proposal to create process by seeking to have those who a Special Committee of the Inter- Community’s Prewar Intelligence As- dared to dissent removed. sessments on Iraq.’’ national Atomic Energy Agency Board The evidence demonstrated a clear to focus on safeguards and verification Even worse, our committee fell into pattern of conduct that led 9 out of 18 the same trap of discouraging dissent. of nuclear programs. members of that committee to vote John Bolton helped to bring about As I wrote then, ‘‘the conclusion sec- against confirmation. tion in the [committee] report rebukes new leadership to improve the Organi- The minority views of the committee the analyst for the temerity of raising zation for the Prohibition of Chemical report on the Bolton nomination a policy question with a State Depart- Weapons. reached four firm conclusions on this ment Undersecretary.’’ He was the President’s point person matter: in designing the Proliferation Security One, Mr. Bolton repeatedly sought That analyst did the right thing. Pol- Initiative. Over 60 nations are now the removal of intelligence analysts icy questions should be raised. In fact, working together to share intelligence who disagreed with him. they should be welcomed. and are taking action to stop the Two, in preparing speeches and testi- If more questions had been asked, we transfer of dangerous weapons. The mony, Mr. Bolton repeatedly tried to might not have had a distinguished Proliferation Security Initiative was stretch intelligence to fit his views. Secretary of State testifying at the instrumental in getting Libya to make Three, in his relations with col- U.N. with apparent certainty about the strategic decision to abandon its leagues and subordinates, Mr. Bolton weapons in Iraq that did not, in fact, WMD programs. repeatedly exhibited abusive behavior exist. The U.N. is in need of reform. John and intolerance for different views. The recent Silberman-Robb report Bolton supports reform at the United Four, Mr. Bolton repeatedly made from ‘‘The Commission on the Intel- Nations so it is accountable, trans- misleading, disingenuous, or non- ligence Capabilities of the United parent, and effective. While serving as responsive statements to the com- States Regarding Weapons of Mass De- the Assistant Secretary for Inter- mittee. struction’’ concluded that ‘‘the Intel- national Organizations, he detailed his We have to examine these conclu- ligence Community was dead wrong in concept of a ‘‘Unitary U.N.’’ that sions in terms of the position for which almost all of its prewar judgments sought to ensure management and Mr. Bolton is now being considered as about Iraq’s weapons of mass destruc- budget reforms across the U.N. system. the United States voice at the United tion.’’ John Bolton will work with member Nations. One of the key recommendations of states and the Congress to reform the In his approach to intelligence, Mr. the commission was to ‘‘preserve diver- U.N. Bolton clearly sought to stretch the sity of analysis’’ and to encourage de- Allegations that Bolton manipulated analysis to meet his world view rather bate among analysts. intelligence are unfounded. As a pol- than stretching his world view to ac- These are the very impulses that Mr. icymaker, he asserted his view on in- commodate other possibilities. Bolton apparently tried to stifle. These telligence. That was his job. Policy- This is an extremely dangerous way are the very impulses that we need makers should question information to look at the world, as the 9/11 Com- most. extensively before accepting it as fact. mission and others have shown us. Mr. Bolton has been nominated to be These were internal policy debates, Even more damaging, Mr. Bolton ap- our representative to the United Na- which occur in all Departments and parently used his position to attempt tions. In that seat, he will effectively agencies. to intimidate subordinates and even to become our representative to the He may have disagreed with intel- have analysts fired who dared to dis- world. ligence findings at times, but John agree, on such critical issues as the al- It is not a position that he has highly Bolton always accepted the final judg- leged development of weapons of mass valued in the past. He famously re- ments of the intelligence community. destruction in Cuba and elsewhere. marked that ‘‘The secretariat building

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5994 CONGRESSIONAL RECORD — SENATE May 26, 2005 in New York has 38 stories. If you lost dismisses the Geneva Convention as Let me conclude by turning to ten stories today it wouldn’t make a quaint and obsolete. , one of our nation’s bit of difference.’’ Most disturbing of all, Mr. Bolton foremost scholars of genocide and an Mr. Bolton has since explained that has criticized any ‘‘ ‘right of humani- astute observer of international rela- he was merely using a metaphor. I tarian intervention’ to justify military tions. think most of us realized that. The operations to prevent ethnic cleansing Dr. Power has written: point is that the metaphor that he or potential genocide.’’ It is unclear what the Bush Administration chose indicates his low regard for the That tells us Mr. Bolton has learned has in mind by shipping Bolton to New York. institution. nothing from the bloodstained lessons The appointment has been spun as ‘‘Nixon Mr. Bolton has stated that ‘‘there is of history, including the unforgivable goes to China.’’ Nixon, however, actually no such thing as the United Nations,’’ failures of both the United States and went to China: the visit was compatible with he has flatly rejected the idea at least the U.N. in Rwanda in 1994. his world view. Bolton, by contrast, seems President Bush has rightly called the averse to compromise, and is apparently once that the U.S. should pay its U.N. committed to the belief that the U.N. and dues, and he has expressed his desire to crimes in Sudan genocide. Secretary international law undermine U.S. interests. see the Security Council reduced to one Rice recently echoed that judgment. The United Nations is in need of re- member, namely the United States. The Administration has said that it form. The same could be said of many Mr. Bolton is correct when he argues has been blocked by other members of of our own government institutions, as that the United Nations cannot be ef- the Security Council in its attempts to we are attempting to do with the intel- fective unless the United States plays a do more to stop the killing in Darfur. ligence community, for example. leading role. The League of Nations Is the United States going to appoint The United States should be a posi- showed us that. Where he is mistaken as our ambassador a man who not only tive influence in transforming the U.N. is his fundamental confusion of leader- belittles the U.N. but denies that it can to meet the needs of the 21st century. ship with domination. or should intervene to prevent geno- But John Bolton is not the person for A security council of one would leave cide? What possible message does that the job. us with no allies, no friends, and no send on Darfur? I cannot help but contrast John supporters. Another absolutely central United Bolton to John Danforth, a true states- As we have seen with tragic clarity Nations function is the fight against man, a true soldier in the campaign to in Iraq, we are stronger when we have the proliferation of nuclear weapons end the killing in Sudan, and a gra- allies, and we are more effective multi- and other weapons of mass destruction. cious and skilled United States rep- laterally than unilaterally. Mr. Bolton has undermined non- In its domestic policies, the Bush Ad- proliferation efforts, not strengthened resentative to the United Nations. ministration has posited an ownership them. John Danforth was unanimously ap- philosophy that implicitly tells us, Recently, 102 former ambassadors proved for that position. Mr. Bolton is ‘‘We are all alone in this.’’ Mr. Bolton and high ranking diplomats wrote Sen- mired in a controversy of his own mak- represents the international wing of ator LUGAR to express their deep con- ing over his suspect qualifications. that school of thought. cern over the Bolton nomination. They I cannot vote for a representative to We see this very clearly with the declared ‘‘John Bolton has an excep- the United Nations who demeans the issue of peacekeeping. This nominee tional record of opposition to efforts to institution, who works against non- has stated that he opposes the use of enhance U.S. security through arms proliferation, who abuses the intel- peacekeepers in civil conflicts because control.’’ ligence process and its analysts, who he does not regard civil conflicts as We are witnessing the results of the dangerously inflates assessments of ‘‘threats to international security.’’ Bolton approach right now at the Non- weapons of mass destruction, who re- Mr. Bolton testified against United Proliferation Treaty conference in New jects the value of peacekeepers and Nations involvement in the Congo, York. By all reports this conference is their role in civil conflicts, and who where at least 3 million people have making little progress toward creating undervalues the principle of inter- died, and he opposed the U.N. civil ad- a stronger, safer non-proliferation re- national law itself. ministration missions in East Timor gime. Mr. REID. Mr. President, let me say and Kosovo. A former senior Bush administration at the outset, that I do not intend to Humanitarian issues aside, civil con- official told reporters, ‘‘Everyone knew vote for cloture on John Bolton, nor do flicts have a tendency to spill over bor- the conference was coming and that it I intend to support him for the position ders, just as the conflicts in Sudan, would be contentious. But Bolton of United States Ambassador to the Rwanda, Uganda, and the Democratic stopped all diplomacy on it six months United Nations. Republic of Congo have all become ago.’’ As I have said repeatedly since he intertwined. We cannot have our representative at was nominated, this is the wrong man Moreover, civil conflicts can lead to the U.N. stopping diplomacy. He should for the job not because of his abrasive failed states and failed states are very be shaping it. personality, although I am deeply trou- much a threat to national security. Finally, there is the question of judg- bled by his serial mistreatment of co- We cannot have a representative to ment, a key quality in a diplomat. workers and subordinates. the U.N. who opposes one of its most Mr. Bolton was effectively banished My objections to this nominee go basic and important functions. from negotiations with North Korea much deeper than his inability to work Mr. Bolton has also dismissed the after he launched into public attacks well with others. I am opposed to this role of international law. In the late on their government and its leader on nominee because of his poor perform- 1990s, he stated: the eve of discussions. The State De- ance, his flawed views, and his repeated misstatements and mischaracteriza- It is a big mistake for us to grant any va- partment was forced to call Mr. Bolton lidity to international law even when it may back and send a replacement to the tions of his record. seem in our short-term interest to do so—be- talks. Let me commend Senator BIDEN and cause, over the long term, the goal of those I cite this example not because North the Democratic staff on the Foreign who think that international law really Korea does not merit criticism: By vir- Relations Committee and Senator means anything are those who want to con- tually any measure, it is one of the ROCKEFELLER and his Intelligence Com- strict the United States. worst governments in the world. mittee staff. As a result of their leader- I believe that international law But during Mr. Bolton’s tenure, ship and diligence, the Senate and the means something. North Korea’s nuclear weapons pro- American people have a much more I believe that international law is gram has expanded, negotiations have complete understanding of John Bolton very much in our national interest, and deteriorated, and the situation has and his entire troubling record. I believe that this perspective from our grown substantially more dangerous. And there is no doubt that we have potential ambassador to the United Na- Ultimately, we return to Mr. learned a lot about Mr. Bolton. We tions is as damaging as a White House Bolton’s vision of the world and of the have learned about his failures in the legal counsel or Attorney General who role of the U.N. proliferation area, his repeated efforts

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5995 to manipulate intelligence, his numer- President should have withdrawn the weapons of mass destruction that ous misstatements of fact, and his se- nomination. Unfortunately, since he turned out not to exist. Mr. Bolton’s rial mistreatment of career civil serv- didn’t, I think the Senate should follow modus operandi of hyping intelligence ants. the committee’s lead and not rec- and berating analysts has been so dis- But, in spite of the best efforts of ommend him for this job either. credited by the results of the Iraq Senator BIDEN and the other Demo- I know Mr. Bolton has tried to dis- WMD fiasco that it will be difficult for cratic members of the Foreign Rela- tance himself from certain parts of his him to operate in the future. Imagine tions Committee, the record on this record, like his past statements about Mr. Bolton arguing to the United Na- nominee is still incomplete. the United Nations and its role in tions Security Council about the Despite numerous requests, the ad- international affairs. However, there threat posed by Iran or North Korea’s ministration has failed to turn over can be no denying that the man har- nuclear weapons programs. Why would important information about this bors a deep animosity towards the in- anyone take him or the administration nominee. This is astounding to me. The stitution. At a time when we need di- that sent him seriously? administration’s stonewalling has not plomacy more than ever, and we need I support the President’s message of only had the effect of slowing down the help in Iraq and in the global war on reform of the U.N. I am open to some- confirmation process, it has also put a terrorism, this is exactly the wrong one who can speak bluntly on these further cloud over this individual and man to send to the U.N., and it sends issues, who can deliver tough messages. has—perhaps unnecessarily—raised the exactly the wrong message to our But we need a different messenger impression that the nominee and the friends and allies. than Mr. Bolton. White House have something to hide. Mr. Bolton’s supporters have ad- The end result is further questions vanced only one reason to ignore the Mr. MCCONNELL. Mr. President, I about this nominee, further disruption weight of all the evidence that he is voice my support for John Bolton to be to the Senate’s consideration of this unqualified: Mr. Bolton believes the U.S. Ambassador to the United Na- nominee, and further demonstration of United Nations needs to be reformed. tions. Undersecretary Bolton will bring the administration’s willingness to The U.N. does need to be reformed. The to the table exactly what the U.N. keep information from the Congress U.N. can improve its performance. It needs now more than ever: a sure hand and the American people. can reduce inefficiency in its bloated to guide much-needed reform. This is information that the Senate bureaucracy. It can become more effec- The United Nations holds much is entitled to under the advise and con- tive and more relevant. And we ought promise today. But too often, it falls sent clause of the Constitution, infor- to have a U.N. ambassador who is will- far short in its attempts to defend free- mation that is central to this man’s ing to take on that mission of reform. dom, security, and human dignity. Un- qualifications, information that, had it But the President should be able to dersecretary Bolton wants the U.N. to been provided, could have possibly find someone capable of reforming the succeed, and believes it can be a great spared this man further questions U.N. without Mr. Bolton’s baggage. force for good. about his already damaged reputation. So let’s be clear, I do not oppose Over the past 3 months we have all But as has so often been the case sending someone to the United Nations heard many scurrilous, slanderous per- with this administration, they have who is willing to engage in some tough- sonal attacks made against Undersec- sought to ignore the public’s right to minded reform. I do oppose sending retary Bolton. However, as is often the know and prevent Congress from mak- someone who has misused intelligence case in Washington, the outrage is ing a fully informed decision. They and bullied intelligence analysts in a largely much ado over very little. want to be the judge and the jury. They way that undermined our diplomatic I believe that the opposition to him have decided the information is not corps and produced wrong-headed na- really stems from concern that he has relevant to our consideration of Mr. tional security policies. so effectively implemented the Presi- Bolton. The facts show that Mr. Bolton re- dent’s foreign policy. Opponents do not Let me see if I understand their argu- peatedly sought the removal of intel- want to take on the President, so they ment. The administration asserts that ligence analysts who disagreed with try to bully John Bolton. information that bears directly on Mr. him. In speeches and testimony, Mr. The problem is, the U.N. is rife with Bolton’s role in assessing the threat Bolton repeatedly sought to stretch in- corruption, scandal, and incompetence. posed by Syria and in his seeking inter- telligence to fit his views. In dealing Take the Oil-for-Food Program. What cepted conversations of foreigners and with other professionals, Mr. Bolton re- started as a humanitarian attempt to U.S. citizens is not relevant to his peatedly exhibited abusive behavior help Saddam Hussein’s suffering vic- qualifications to represent this Nation and intolerance that had a chilling ef- tims degenerated into a jackpot for the at the United Nations, and therefore fect on analysts’ ability to provide dif- tyrant’s friends. should not be provided to the Senate. ferent views. After all the damage caused when The second highest ranking official Evidence now shows that Saddam this administration stretched the truth at the State Department, Secretary Hussein illegally profited from the pro- at the United Nations as it made the Powell’s Deputy Rich Armitage, was so gram, and used the funds to build case for war in Iraq, does the White concerned about Bolton speeches that weapons for use against American House really believe it is not relevant he decreed that he must personally re- troops. Millions of dollars in oil-soaked for us to be absolutely certain their view and clear all of Mr. Bolton’s pub- bribes may have gone to high-ranking nominee was not trying to stretch the lic statements. And Robert Hutchings, officials in France, Russia, and within intelligence yet again? chairman of the National Intelligence the U.N. itself. And most sickening of So we are in this largely avoidable Council, said that Bolton took ‘‘iso- all, there is now evidence that Oil-for- position of having to vote against clo- lated facts and made much more of Food money may be funding the insur- ture and extending debate until the in- them to build a case than I thought the gents that attack our soldiers in Iraq. formation is turned over to the Foreign intelligence warranted.’’ He said the I commend my good friend Senator Relations and Intelligence Commit- impact of Bolton’s actions on the intel- NORM COLEMAN from for tees. I hope the administration will do ligence community, ‘‘creates a climate leading the committee that has uncov- the right thing and provide the infor- of intimidation and a culture of con- ered these abuses. He is proving how mation to the Senate. formity that is damaging.’’ much work lies ahead for Undersecre- In the meantime, the information the But this is not merely a concern for tary Bolton when he arrives at the U.N. Foreign Relations Committee has man- historians. At the same time that Mr. As Undersecretary of State, John aged to obtain is deeply troubling. This Bolton was agitating and undermining Bolton took the lead to realize the is a record which caused one of the intelligence professionals on issues President’s Proliferation Security Ini- most respected and storied committees such as Cuba and Syria’s WMD pro- tiative, which strives to halt the in the entire Congress to not rec- grams, the administration was putting spread of dangerous weapons. Thanks ommend him favorably to the full Sen- together a dramatically hyped case for to his leadership, the once-dangerous ate. Based on that fact alone, the war in Iraq to deal with a threat from regime in Libya has begun to be tamed,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5996 CONGRESSIONAL RECORD — SENATE May 26, 2005 as Libya has consented to the Initia- comes to determining his commitment abuse against the innocent female civil tive and begun the verifiable elimi- to the U.N., and his fitness to be the war victims they were sent to protect. nation of its weapons of mass destruc- Ambassador. Meanwhile, the U.N.’s Human Rights tion. I urge my fellow Senators to focus on Commission, which is charged with Undersecretary Bolton also led nego- the dire need for U.N. reform, and Un- protecting our human rights, includes tiations for the creation of the G–8 dersecretary Bolton’s record as a dip- such human rights abusers as Libya, Global Partnership Against the Pro- lomat who can get results. In times Cuba, Zimbabwe, and Sudan. liferation of WMD. Thanks to his diplo- like these the U.N. needs a little These failures are very real and very matic work, other nations contributed straight talk. And Undersecretary discouraging. They can be measured in $10 billion towards those efforts. And Bolton can give it to them. lives lost and billions of dollars stolen. he led negotiations for the Treaty of He has a remarkable record of bring- And they can be measured in the sink- Moscow, which reduced by two-thirds ing about change through multi- ing regard for an organization that the number of operationally deployed national institutions. I say, let him should be held in high esteem. strategic nuclear warheads. work his magic at the U.N. The U.N. America sends the U.N. $2 billion per As Undersecretary, Mr. Bolton se- can do better than what it is giving us, year. Our contribution makes up 22 cured 100 bilateral agreements ensuring it must do better. John Bolton is the percent of that budget. We provide an that other countries will never drag right man at the right time for this even larger percentage for peace- American troops before the Inter- critical assignment. keeping and other U.N. activities. national Criminal Court on trumped- I suggest the absence of a quorum. It is no surprise that Americans are up, political charges and deprive them The PRESIDING OFFICER. The calling out for reform. John Bolton is of American justice. It is remarkable clerk will call the roll. the President’s choice to lead that ef- that he has negotiated so many of The bill clerk proceeded to call the fort. He possesses deep and extensive these pacts—known as Article 98 agree- roll. knowledge of the U.N. and has, for Mr. FRIST. Mr. President, I ask ments, for a section of the ICC treaty— many years, been committed to its re- unanimous consent that the order for in just 4 short years. form. the quorum call be rescinded. Undersecretary Bolton was a leader Back in 1991, Under Secretary Bolton The PRESIDING OFFICER. Without of American efforts to persuade the Se- successfully lobbied to repeal the objection, it is so ordered. curity Council to pass Resolution 1540, Mr. FRIST. Mr. President, in 15 min- U.N.’s shameful resolution 3379, which which imposes standards for arms con- utes or so, we will vote on the nomina- equated Zionism with racism. Many in trol, disarmament, and WMD prolifera- tion of Under Secretary of State John the diplomatic community told him it tion prevention on every Member Bolton to be ambassador to the United could not be done. But after waging an State. Nations. aggressive campaign, he moved the So far, over 80 countries have out- I applaud President Bush for his se- U.N. General Assembly to repeal the lined their plans to stop WMD pro- lection. The President describes the resolution by a vote of 111 to 25. liferation. This is a tremendous step Under Secretary as ‘‘a blunt guy’’ who As Under Secretary of State for Arms forward in the War on Terror, and ‘‘can get the job done’’ and ‘‘isn’t Control and International Security, much of the credit goes to Mr. Bolton. afraid to speak his mind’’—not even to John Bolton helped build a coalition of Thanks to his careful, patient work of the President himself. 60 countries to combat the spread of diplomacy, Resolution 1540 not only We need a smart, principled, and weapons of mass destruction through passed the U.N. Security Council, it straightforward representative to ar- the President’s Proliferation Security passed unanimously. ticulate the President’s policies on the Initiative. Let me close, Mr. President, with a world’s stage. He was pivotal in our successful ef- reminder for my colleagues of how We need a person with Under Sec- forts to persuade Libya to give up its committed Undersecretary Bolton is to retary Bolton’s proven track record of pursuit of weapons of mass destruction. working with and reforming the U.N. determination and success to cut He was also the chief negotiator of to make it the sentinel of liberty that through the thick and tangled bureauc- the Treaty of Moscow, which calls upon it can, and should, be. I will read two racy that has mired the U.N. in scandal the U.S. and Russia to reduce their nu- statements. One was made by Under- and inefficiency. clear warheads by nearly two-thirds. secretary Bolton, the other by the re- A vote for John Bolton is a vote for Under Secretary Bolton has the con- vered Democrat and New Dealer Dean U.N. reform. A vote for John Bolton is fidence of the President and the Sec- Acheson, Secretary of State to Presi- a vote for progress on the international retary of State, and it is to them he dent Harry S Truman. Let’s see if you challenges of our day. A vote for John will report directly. can guess who said what. Bolton is a vote for the United States. He has been confirmed by this body Here’s the first one: It is no accident that polling shows four times, and I believe if we are given The United States is committed to the suc- most Americans have a poor view of the chance, he will be confirmed for a cess of the United Nations, and we view the the United Nations. In recent months, fifth time today. U.N. as an important component of our di- we have seen a deluge of negative re- The vetting of his current nomina- plomacy . . . Walking away from the United ports. We now know that Saddam Hus- tion has been exhaustive. The Foreign Nations is not an option. sein stole an estimated $10 billion Relations Committee interviewed 29 Now here’s the second statement: through the Oil-for-Food Program. The witnesses and reviewed more than 830 I never thought the U.N. as worth a damn. U.N. official who ran the operation pages of documents from the State De- To a lot of people it was a Holy Grail, and stands accused of taking kickbacks, partment, from USAID, and the CIA. those who set store by it had the misfortune along with many other officials. Under Secretary Bolton fielded nearly to believe their own bunk. Just this week, the head of the Iraq 100 questions for the record and under- One of these statements was made by Survey Group told the Council on For- went multiple hearings. the nominee, a man caricatured by his eign Relations that as a result of the As Senator LUGAR has pointed out, detractors as dead-set against the U.N. oil-for-food corruption, Saddam came Under Secretary Bolton has served 4 and the need for America to work with to believe he could divide the U.N. Se- years in a key position that tech- multilateral institutions. The other curity Council and bring an end to nically outranks the post for which he was made by the multilateralist who sanctions. I commend Senator COLE- is now being considered. helped create the World Bank and the MAN for his determined efforts to get to This is a critical time for the United North Atlantic Treaty Organization. the bottom of this global scandal. States and for the world. Because of Well, surprise, surprise. The first We know the U.N. failed to stop the the President’s vision and commit- statement was made by Undersecretary genocide in Rwanda in the 1990s. The ment, democracy is on the march Bolton, and the second by Secretary U.N. is on the brink of repeating that around the globe. Acheson. This just goes to show, Mr. mistake in Darfur. In January, Iraq held its first truly President, that much of the criticism In the Congo, it is alleged that U.N. free elections. Revolution has swept about Mr. Bolton is useless when it peacekeepers have committed sexual the Ukraine, Georgia, and Lebanon. We

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5997 are seeing political reforms in Egypt. The question is, Is it the sense of the Mr. REID. Madam President, while Kuwait now allows a woman the right Senate that debate on Executive Cal- we have Senators in the Chamber, I to vote. Saudi Arabia is slowly opening endar No. 103, the nomination of John wish to express, through the Chair, the the door to democracy. The Middle Robert Bolton to be the Representative appreciation of especially Senator East peace process is at its most hope- of the United States of America to the BIDEN and Senator DODD for the ends to ful moment ever. United Nations, shall be brought to a which the majority leader went to try The U.N. can and should be vital in close? to resolve this issue. He spent an inor- advancing these developments. The The yeas and nays are mandatory dinate amount of time trying to get U.N. charter states that the purpose of under the rule. the information requested and was un- that organization is ‘‘to promote social The clerk will call the roll. able to do so. He did get information progress and better standards of life in The assistant legislative clerk called but not all that was necessary. I am larger freedom.’’ the roll. disappointed that tonight we were un- I believe in the U.N.’s potential, if it Mr. McCONNELL. The following Sen- able to have a vote on Mr. Bolton, but is reformed and more rightly focused. ators were necessarily absent: the Sen- it is not the fault of the Democratic It has been an important instrument of ator from Pennsylvania (Mr. SPECTER). caucus. We are not here to filibuster peace and dialog. I believe, as does the Mr. DURBIN. I announce that the Mr. Bolton’s nomination. We are here President, that an effective U.N. is in Senator from Hawaii (Mr. INOUYE), is to get information regarding Mr. America’s interest. necessarily absent. Bolton, information to which we are Ambassador Rudy Boschwitz, who The PRESIDING OFFICER. Are there entitled. The people who voted against has just returned from the 61st session any other Senators in the Chamber de- cloture—there were many—many of of the U.N. Commission on Human siring to vote? them will vote against Mr. Bolton if, in Rights, puts it well when he says that: The yeas and nays resulted—yeas 56, fact, he gets before the Senate. But nays 42, as follows: Not only the United States, but the United most of the people here tonight are Nations itself, needs and will profit from a [Rollcall Vote No. 129 Ex.] no-nonsense representative like Mr. Bolton. concerned about this being an issue YEAS—56 dealing with the administration not U.N. Secretary Kofi Annan, too, sup- Alexander DeWine McConnell ports the Under Secretary’s selection. giving us the information we want. Allard Dole Murkowski That is all. It hurts their nominees. I thank my colleague Senator LUGAR Allen Domenici Nelson (NE) for his strong leadership. And I also Bennett Ensign Pryor The administration has to be more Bond Enzi thank my colleagues Senators ALLEN, Roberts forthcoming. Brownback Graham Santorum I hope that during the next 8 or 9 COLEMAN, SUNUNU, and ALEXANDER for Bunning Grassley Sessions days the administration will take a their clear-eyed and unwavering sup- Burns Gregg Shelby Burr Hagel fresh look at this and give the informa- port for this capable and fine nominee. Smith Chafee Hatch Snowe tion to Senator DODD and Senator I will close with a story about John Chambliss Hutchison Stevens BIDEN—most of what they want. They Bolton. When he was an intern in the Coburn Inhofe Nixon White House, John Ehrlichman Cochran Isakson Sununu are the only ones who will see it. It Talent had gathered the interns together to Coleman Kyl will not be given to the entire Senate. Collins Landrieu Thomas They are not asking for information tell them they had to work for Nixon’s Cornyn Lott Thune reelection. A young John Bolton piped Craig Lugar Vitter that may affect our country’s national up, ‘‘Work for him? I don’t even know Crapo Martinez Voinovich interest. if I’m going to vote for him.’’ DeMint McCain Warner I hope we can go forward with the He has always been a straight-shoot- NAYS—42 people’s business. The distinguished er and a man of integrity—exactly Akaka Dorgan Lieberman majority leader told me yesterday that what we need at the United Nations, Baucus Durbin Lincoln he was going to file cloture on these and exactly what the United Nations Bayh Feingold Mikulski two judges. This is fine. We will work Biden Feinstein Murray out a timely manner to complete the needs from us. Bingaman Frist Nelson (FL) Mr. President, I yield the floor and Boxer Harkin Obama work on these judges and other judges. suggest the absence of a quorum. Byrd Jeffords Reed The Energy bill was reported out of The PRESIDING OFFICER. The Cantwell Johnson Reid committee today. The asbestos bill was Carper Kennedy Rockefeller clerk will call the roll. Clinton Kerry Salazar reported out of committee today. The legislative clerk proceeded to Conrad Kohl Sarbanes There is a lot we have to do here, and call the roll. Corzine Lautenberg Schumer we do not want this to be a diver- Mr. FRIST. Madam President, I ask Dayton Leahy Stabenow gence—the work we have to do is a di- Dodd Levin Wyden unanimous consent the order for the vergence, but it is not the fault of the quorum call be rescinded. NOT VOTING—2 Democratic Senators that it is a diver- The PRESIDING OFFICER (Ms. MUR- Inouye Specter sion. KOWSKI). Without objection, it is so or- The PRESIDING OFFICER. The yeas Mr. BIDEN. Madam President, will dered. are 56, the nays are 42. Three-fifths of the Senator yield for a question? CLOTURE MOTION the Senators duly chosen and sworn Mr. REID. I will be happy to yield to Under the previous order, the clerk not having voted in the affirmative, the ranking member of the Foreign Re- will report the motion to invoke clo- the motion is rejected. lations Committee. ture. The majority leader. Mr. BIDEN. Madam President, I wish The assistant legislative clerk read Mr. FRIST. Madam President, I enter to make it clear to all my colleagues, as follows: a motion to reconsider the vote. speaking for myself, that I have abso- CLOTURE MOTION The PRESIDING OFFICER. The mo- lutely no intention to prevent an up- We, the undersigned Senators, in accord- tion is entered. or-down vote on Mr. Bolton. The issue ance with the provisions of rule XXII of the Mr. FRIST. Madam President, I en- here is about whether the executive Standing Rules of the Senate, do hereby tered a motion to reconsider this vote branch will provide information which move to bring to a close debate on Executive to allow us to revisit this issue when the majority leader tried yesterday and Calendar No. 103: we return. We will be doing that. We today to get, and which I think almost William Frist, Richard Lugar, Richard every Senator here would acknowledge Burr, Pat Roberts, Mitch McConnell, will be closing shortly this evening, Jeff Sessions, Wayne Allard, Jon Kyl, but before we close, I will file cloture the institution is entitled to get. We Jim DeMint, David Vitter, Richard motions on the Brown nomination and are prepared to not even ask that the Shelby, Lindsey Graham, John Ensign, the Pryor nomination. Our next vote ranking member and the chairman of Pete Domenici, Robert Bennett, Mel will be Tuesday, June 7, and that vote the Foreign Relations Committee see Martinez, George Allen. will occur prior to the policy lunch- the information we have sought. I im- The PRESIDING OFFICER. By unan- eons, probably at noon on June 7. plore the administration to provide the imous consent, the mandatory quorum The PRESIDING OFFICER. The mi- information, and—speaking for myself, call has been waived. nority leader. and I can speak for no one else, but I

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5998 CONGRESSIONAL RECORD — SENATE May 26, 2005 believe my colleagues on my side The PRESIDING OFFICER. The Sen- Later in the tour he served as the would agree with me—we are willing to ator from Oregon. Troop’s executive officer. For his serv- vote 10 minutes after we come back Mr. WYDEN. Madam President, I ask ice in Vietnam, General Kaufman was into session if, in fact, they provide the unanimous consent to speak as in awarded the Bronze Star with V-device information—information to which Mr. morning business for up to 10 minutes for Valor and two Purple Hearts. Bolton’s staff had access but which and that Senator SUNUNU speak after Upon completion of his tour in Viet- they will not give to the majority lead- me for up to 10 minutes as well to dis- nam, General Kaufman served from er of the Senate. There is no reason of- cuss bipartisan legislation the two of 1970–1971 as the Commander of E Troop, fered. us have introduced today. 2d Squadron, 6th Armored Cavalry I want to make it clear, we are ready The PRESIDING OFFICER. Without Regiment, Ft. Meade, MD. General to vote the day we get back, the mo- objection, it is so ordered. Kaufman left Fort Meade in 1971 to at- ment we get back. We are ready to vote (The remarks of Mr. WYDEN and Mr. tend the Armor Officer Advanced immediately if they would come for- SUNUNU pertaining to the introduction Course at Fort Knox, KY. After a tour ward, meeting us halfway on providing of S. 1128 are located in today’s RECORD of duty as an instructor at the armor the information. That is all. under ‘‘Statements on Introduced Bills school, General Kaufman attended the I thank the Chair. and Joint Resolutions.’’) John F. Kennedy School of Govern- The PRESIDING OFFICER. The ma- Mr. WYDEN. Madam President, I ask ment at . Here, we jority leader. unanimous consent that after Senator again renewed our friendship as we Mr. FRIST. Madam President, need- SUNUNU’s remarks, Senator REED be were both students at the Kennedy less to say, I am very disappointed recognized for 15 minutes. School of Government at Harvard. By with where we sit today. We have had The PRESIDING OFFICER. Without that time, Dan had married his beloved an interesting week, a very challenging objection, it is so ordered. wife Kathryn and their daughter, week, starting the week on one clear Mr. REED. Madam President, I ask Emily, was born in Mount Auburn Hos- direction and then sidetracked a little unanimous consent to be allowed to pital in Cambridge, MA. General Kauf- bit to what I thought was not an unrea- speak for up to 15 minutes as in morn- man then served as an instructor and sonable feeling in this body that we ing business. assistant professor in the Department were going to be working together and The PRESIDING OFFICER. That of Social Sciences from 1974 to 1978. I that we were going to address the im- order has already been entered. joined Dan as an instructor in the De- portant issues to America. Mr. REED. I also ask unanimous con- partment of Social Sciences for the John Bolton, the very first issue to sent that upon the conclusion of my re- academic year 1977–1978. which we turned, we got what to me After departing West Point, General marks, Senator SALAZAR of looks like a filibuster. It certainly Kaufman served as Special Assistant to and then after that Senator PRYOR of sounds like a filibuster, looking at the the Director, Planning Analysis, Office Arkansas be recognized. vote today, it quacks like a filibuster, of the Deputy Under Secretary of De- The PRESIDING OFFICER. Without and I am afraid, shortly after we fense (Policy) in Washington, DC prior objection, it is so ordered. thought we had things working to- to reporting into Ft. Bragg, North gether in this body again, we have an- f Carolina. Once at Fort Bragg, General other filibuster, this time on another RETIREMENT OF BRIGADIER GEN- Kaufman assumed the duties of Assist- nomination—not a judicial nomination ERAL DANIEL J. KAUFMAN, ant Chief of Staff, G–3, Force Develop- but another nomination—the nomina- ment, 82nd Airborne Division until tion of John Bolton. Mr. REED. Mr. President, I rise 1979. From 1979 until 1981, General It does disappoint me. We had an op- today to recognize the accomplish- Kaufman was the S–3 (Operations), 4th portunity to finish and complete this ments of Brigadier General Daniel J. Battalion (Airborne), 68th Armor, 82nd week with a very good spirit. We are Kaufman, United States Army, Dean of Airborne Division. going to come back to this issue. As Following his assignment at Fort the Academic Board at the United has been said by Senator BIDEN, as I Bragg, General Kaufman completed the States Military Academy at West have said, we are going to revisit it, Armed Forces Staff College in route to but I think what America has just seen Point. General Kaufman is retiring on Cambridge, MA to study for his Ph.D. is an engagement of another period of the 6th of June, 2005 after 37 years of in political science at Massachusetts obstruction by the other side of the active military service in war and Institute of Technology. After earning aisle, and it looks like we have, once peace. His military career exemplifies his Ph.D., General Kaufman rejoined again, another filibuster. the finest traditions of the United the faculty at West Point as a perma- I yield the floor. States Army and demonstrates the nent associate processor in the Depart- The PRESIDING OFFICER. The rare combination of a combat-tested ment of Social Sciences. Democratic leader. soldier and a first-rate scholar. In 1990, he was appointed Professor Mr. REID. Madam President, every- I have had the privilege of knowing and deputy head of the Department of one here should understand that it is Dan Kaufman since 1967 when I entered Social Sciences. During this time, he now the 26th day of May. This is the West Point and was assigned to Com- served as chair for Accreditation Re- first filibuster that has been conducted pany C, Second Regiment, United view Committee, Scholarship Com- in this Congress, if, in fact, we want to States Corps of Cadets. Dan was a sen- mittee, and Faculty Development Com- call this a filibuster—No. 1, first one. ior, or as we say at West Point, a mittee. From 1991 through 1995, Gen- We have not been doing filibusters. We ‘‘Firstie,’’ shorthand for first classman. eral Kaufman served as a key member worked through some very difficult He distinguished himself to me as a se- of several Department of the Army issues we talked about here before— rious and conscientious Cadet with a committees, including Chief of Staff of bankruptcy, class action, and a number wry sense of humor. He ranked aca- the Army transition teams for both of other issues. demically in the top 5 percent of his General Sullivan and General Dennis J. So it is not as if we are looking for class. But, like all of his classmates, Reimer, President-Elect Clinton’s DOD things to have extended debate on. We Dan’s attention was focused on Viet- Transition Team, as well as a special need to work together, and I think this nam as much as academics. assistant to the Chief of Staff, U.S. week has established that. We are Upon graduation in 1968, General Army (1991–1992). going to work together. But how can Kaufman was commissioned as an sec- In 1996, General Kaufman was ap- we work together when information is ond lieutenant in the Armored Cavalry pointed Professor and Head of the De- not supplied? and assigned to F Troop, 2d Squadron, partment of Social Sciences. There he So I hope we will all slow down the 6th Armored Cavalry Regiment, Ft. continued the proud tradition of sol- rhetoric during the break. This is Meade, MD as a platoon leader. After 6 diers and scholars, first begun by GEN something that happened. This is part months at Fort Meade, General Kauf- ‘‘Abe’’ Lincoln right after World War of the Senate. I repeat, keep in mind, man deployed to Vietnam and served as II, carried on by GEN Don Olvey, by this is the first filibuster of the year platoon leader in L Troop, 3d Squad- GEN Amos Jordan, and General Gold- and maybe the last. I hope so. ron, 11th Armored Cavalry Regiment. en, and now GEN Dan Kaufman.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5999 In June 2000, General Kaufman was The Academic Program at the United roes as we sought to preserve 200 years selected as the eleventh dean of the States Military Academy has never of Senate tradition. In my 5 short academic board. As dean of the Aca- been stronger and more connected to months here, I have come to admire demic board, General Kaufman envi- the Army. General Kaufman has set Senator JOHN MCCAIN and Senator sioned an academic program relevant the course for officer education into DANIEL INOUYE, two men I am honored to the needs of the Army that contrib- the first half of the 21st century. His to call my friends. They served bravely utes to the intellectual and profes- dedication to excellence and his unsur- and with distinction, and have set an sional development of cadets, sup- passed devotion to duty, honor, and example for all of us to follow each ported by 700 first-class staff and fac- country have marked his distinguished day. I thank them for their sacrifice, ulty, $500 million in facilities, and a service over the past 37 years. For the their leadership and their continuing budget of $62.7 million. His visionary past 5 years, he has profoundly shaped commitment to this Nation. leadership led to the publication of the intellectual future of the officer We owe them, and all of our veterans Educating Future Army Officers for a corps. And he has not done this alone. and members of the Armed Services, a Changing World, the operational con- By his side at every step in his career debt which can never be truly repaid. cept for the Academic Program that has been his wife Kathryn. They have a In 1865 in his second inaugural address, links cadet education directly to the wonderful family, including their President Lincoln elaborated on the re- Cadet Leader Development System and daughter, Emily, and their son, David. spect we have for those who served and the Army. Emily is a proud wife of Steve Thomas. the sacrifices made by the few for the General Kaufman oversaw several They have brought to the Kaufman many: significant revisions to the academic family the youngest Kaufman, baby With malice toward none; with charity for curriculum to better prepare graduates Emma. Dan is a great soldier, a brave all; with firmness in the right, as God gives for the challenges of a transforming us to see the right, let us strive on to finish scholar, a devoted husband and father, the work we are in; to bind up the nation’s Army in the post- world. The and a steadfast friend. new curriculum places greater empha- wounds; to care for him who shall have borne Dan has used his intellect and wit the battle, and for his widow, and his or- sis on global and cultural awareness, and devotion to the Army and the phan—to do all which may achieve and cher- information technology, and curricular country to nurture a generation of ca- ish a just, and a lasting peace, among our- integration; it also offers cadets more dets who will emerge as the leaders of selves, and with all nations. choice in the selection of academic ma- our Army and our Nation. Because of We are fortunate that they, and so jors. He encouraged continued develop- Dan they will be ready for the daunting many of our veterans, are still here— ment of the academic assessment sys- challenges that lie ahead. His legacy husbands and wives, fathers and sons, tem, placing increased emphasis on will be felt in 1,000 places around the mothers and daughters, brothers, sis- performance assessments of the aca- world for decades to come. ters and cousins. Too many of them, demic program goals. The extraor- Whenever a leader of our Army uses however, have been taken from us all dinarily positive assessment results his intellectual and ethical power of too soon. from graduates and commanders in the his or her education at West Point to One of those no longer with us is my field attest to the success of General defend the Nation, protect our soldiers, father, Henry. My father served with Kaufman’s vision. Under his steward- and advance our ideals, his legacy will honor and distinction in World War II ship, the Military Academy continued be felt in a thousand places. West Point and always took great pride in his serv- to lead the Nation and the Army in the has never had a more faithful son or a ice. When he passed away in 2001 after use of information technology for edu- better dean. And I have never had a a long battle with Alzheimer’s, his cation. He oversaw the installation of a better friend. final request to my brother John was secure wireless infrastructure in all I yield the floor. that he be buried in his uniform. academic buildings and encouraged the The PRESIDING OFFICER. The Sen- We proudly honored this request, and use of web-based course management ator from Colorado. afterwards I was struck by the impor- tools. f tance of it to him. My father had been Perhaps the crowning achievement of many things—a thoughtful son, a lov- his tenure was the design of Thomas REMEMBERING OUR FALLEN ing husband, an attentive father. But Jefferson Hall, the Military Academy’s HEROES ON MEMORIAL DAY most important to him was his service new library/learning center. General Mr. SALAZAR. Madam President, to his Nation which he called home and Kaufman led the effort to secure Army this Monday is Memorial Day. It is a which had given him so much. support and Congressional funding for day that is important to countless fam- In 1962, GEN Douglas MacArthur the facility and oversaw all features of ilies across this nation, including my gave the commencement address at the design. In support of the Global own. It is a time of remembrance for West Point. He reflected on his time in War on Terrorism, General Kaufman those heroes who have fallen serving the Army and on the nature of the ulti- expanded outreach and support activi- our country and thanking those who mate action of any soldier—sacrificing ties to the Army, including faculty were blessed to return home to their his or her life for our Nation. Mac- support to combat operations in Af- families and loved ones. Arthur said: ghanistan and Iraq. He personally led a That we as a Nation take the time to The soldier, above all other men, is re- team of senior faculty members to help thank our veterans is important. It is a quired to practice the greatest act of reli- reopen Baghdad University after dec- simple, gracious act that we all too gious training—sacrifice. In battle and in the ades of repression and isolation. During often fail to do. face of danger and death, he discloses those General Kaufman’s tenure, USMA ca- Our cities and towns, across Colorado divine attributes which his Maker gave when dets won 43 international scholarships; and this Nation, have given up their He created man in His own image. No phys- ical courage and no brute instinct can take the Military Academy was named an young men and women without pro- the place of the Divine help which alone can Institution of Excellence, and the Cen- test, men and women humbly accepting sustain him. However horrible the incidents ter for Advancement of Leader Devel- a calling greater than themselves. of war may be, the soldier who is called upon opment and In many ways, this is what makes to offer and to give his life for his country is was established to provide professional our nation so great. We are a nation of the noblest development of mankind. forums for company-grade officers individuals that can put ourselves In many ways, it saddens us to know throughout the Army. aside for the common good. We can this fact. Each and every American BG Kaufman’s awards include the come together and deliberate and dif- looks forward to the day when none are Distinguished Service Medal, Legion of fer, as we do here in the Senate. But we called upon to make such a sacrifice. Merit, for Valor, are appreciative of the gift of freedom Over the past year, hundreds of , 2 awards, Meritorious we all share, and the price that our Americans made that sacrifice for us Service Medal, 2 awards, Army Com- veterans and fallen heroes have paid on while in service to our Nation, includ- mendation Medal, 2 awards, Vietnam our behalf for our freedom. ing 14 with Colorado roots: Shawn At- Service Medal, 4 campaigns and other Earlier this week, I was fortunate to kins, of Parker; Dana Wilson, of Foun- service awards. work with a pair of bona fide war he- tain; Douglas Bascom, of Colorado

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6000 CONGRESSIONAL RECORD — SENATE May 26, 2005 Springs; Theodore Holder, of Littleton; thing I was involved in, and something Senators here in Washington, unfor- Michael Shackleford, of Grand Junc- that received quite a bit of notice out- tunately, in the last few years have tion; Gregory Rund, of Littleton; side this Chamber, and that is a com- gotten into the habit of talking about George Geer, of Cortez; Lizbeth Robles, promise that was reached. I think it each other and not talking to each of Colorado Springs; Steven Bayow, of was a historic compromise. I think it is other. I hope one of the results that Colorado Springs; Derrick Lutters, of a very good thing for the Nation. In comes from this agreement is a new Burlington; Travis Anderson, of Hoo- fact, I would say it was a win for spirit of bipartisanship, a new commit- per, in my native San Luis Valley in Democrats, a win for the Republicans, ment that we can reach across party southern Colorado; and Charles and, most importantly, it was a win for lines, reach across the aisle, to try to Wilkerson, of Colorado Springs; along the American people. work together to solve the challenges with Paul Christopher Alaniz and Some in my party, some in the other that are facing America. Landon Giles, whose families live in party, may disagree with what I just There are many sensible voices in the Colorado today. said, but I think when you look back Senate. Many, many, many—in fact, Each of them served with honor and through American history—and you all—have reasonable minds. And one distinction and we are all forever can look at all the major legislative thing I found a little bit humorous, grateful for the sacrifice each of them accomplishments that have occurred— some of the press coverage about this made on behalf of all of us. Their most of those have occurred in this agreement was that they said these names will not be forgotten, and our body. were moderates who reached this prayers will remain with their loved This body is known for its ability to agreement. Let me tell you, some were ones. compromise. I look at these chairs and moderates, but many in this group One of our greatest Supreme Court these desks in this body, and I can see were not moderates, and they would be Justices and a Civil War veteran, Oli- the faces of my colleagues and of those offended if we called them moderates. ver Wendell Holmes, Jr., used to spend who have departed this Chamber. This In fact, I heard a number of them say his Memorial Days just a few miles is a body that has a very special role in ‘‘I don’t ever want to be considered a from where we stand now, in Arlington American history and in American moderate,’’ for one reason or another. National Cemetery. He would walk Government. But they demonstrated a spirit of bi- among the gravesites, reflecting on the I have heard some say they do not partisanship that I think should be ap- sacrifices of so many, including the like compromise. In fact, I must say I plauded. Sometimes when you make a com- countless, nameless souls who laid be- was disappointed—I was listening to promise, you are taking the easy way neath. talk radio yesterday, and someone said out. But this was a compromise that Justice Holmes once observed: some of us Senators who compromised are in the middle, and no one supports required courage. This compromise re- At the grave of a hero we end, not with sor- quired a lot of courage on behalf of all row at the inevitable loss, but with the con- the middle. I cannot disagree more. I my colleagues, especially—especially, tagion of his courage. . . . think people all over this country are might I underline—the seven Repub- looking for Senators to show leader- Heroism is not in the deed itself, but licans who entered into this agree- ship, to find common ground. I think in the courage to act. We have heroes ment. It was very hard for Democrats that is one result that has been sorely because they chose to act, to step for- and Republicans to do. But I will tell missing in the Congress. When you talk ward in the call to action. In this Sen- you, I know my seven Republican col- to people outside of the Beltway, that ate, we are blessed with a history of leagues who did this, who dem- is one result they are hoping for, that service to our Nation. Outside of this onstrated their trust, not just of each we will find that common ground and building, however, is where true heroes of us but of this institution, dem- we will have leadership in Washington of our military reside: men and women onstrated a lot of courage. I take my that understands you do not have to in uniform, our veterans who have hat off to them in appreciation. stood watch before them, and those sacrifice your principles in order to Two more points I would like to who have laid down their lives so that find common ground. make on this issue. we can have freedom. In fact, in the very famous book writ- First, I need to thank three people; I encourage everyone over this week- ten by John Kennedy, ‘‘Profiles in that is, my wife Jill, my son Adam, and end to take time out from the parades Courage,’’ he says: my daughter Porter. For all I know, and barbecues and family gatherings to We should not be too hasty in condemning they may be watching right now. It is thank our veterans and service mem- all compromise as bad morals. For politics getting pretty close to bedtime around bers. They stand ready to defend the and legislation are not matters for inflexible our house. But they made the sacrifice, principles or unattainable ideals. freedoms we take for granted, without too, so I could be part of this Senate seeking thanks or praise. This heroic This is politics. This is a human in- and be up here away from home. But act deserves our thanks, for it is by stitution. This is Government. I feel also, Dad was not home a lot in the last grace that they keep us safe. those 14 Senators who reached this few days because I was here trying to In the Book of Matthew we are agreement—13 of my great colleagues work through this agreement as best I taught: ‘‘Blessed are the peacemakers: who reached this agreement—took one could and trying to get this done. So I for they shall be called the children of of the most contentious issues in re- thank them. God.’’ cent years off the table. Hopefully, But in a broader sense, I did this Through their service and sacrifice, they took it off for the remainder of agreement for them because I was very they have earned that distinction. this Congress. I feel as though we took concerned that when you looked at the May God bless our service members it off for the remainder of the Congress nuclear option, if that trigger was and our veterans. because I sat in those rooms, I talked pulled, you had a nuclear winter that May the families of those who have to my colleagues, and I know the high would follow. I was very concerned given their lives for our freedom know level of trust we have with one an- that the Congress, particularly the the depth of our appreciation. And may other. Senate, would not get very much done we never forget the importance of their This entire agreement is based on this session. sacrifice to our work here in the U.S. trust. It is an example that amazing I thought that would be a huge dis- Senate. things can happen when Senators talk service to the American people. I Madam President, I yield the floor. to each other—just talk to each other. thought it was time for reasonable The PRESIDING OFFICER. The Sen- I feel that is why the people of Arkan- minds to come together to try to work ator from Arkansas. sas sent me to Washington, to try to be something out. In fact, in the Book of f a bridge builder, to try to be a peace- Isaiah, it says: ‘‘Come now, let us rea- maker, to try to find common ground son together.’’ And maybe that should A HISTORIC COMPROMISE on a wide variety of issues that are be something we should take to heart. Mr. PRYOR. Madam President, I rise best for Arkansas and best for the Na- The people of our States, every State today to discuss something that hap- tion and, in some cases, best for the in the Union, only get to send two Sen- pened this week in the Senate, some- world. ators to Washington.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6001 I think they expect us to exercise Mr. President, we went through a lit- the request, but he certainly conveyed good judgment and exercise our discre- tle bit of a turmoil here. Obviously, the request in a serious way to leaders tion and also, from time to time, exer- coming in the wake of this negotiation, within the executive branch. I thank cise courage to try to do the right I suppose some people’s eyebrows may him for that. He didn’t have to do that, thing. be raised, wondering how can we do and he did. I regret that the adminis- So I commend my 13 colleagues who that compromise and then end up with tration didn’t reply in an orderly way, entered into this agreement. They took an awkward situation on the Bolton which could have avoided all of this in a lot of time and made a lot of sac- nomination, which became contentious the last 48 hours. I hope they will take rifice, and it took a lot of courage. for a few minutes. I will add my voice this seriously. I say to my friends on Many of them have taken a lot of criti- to that. the majority side, having been in your cism for doing this. I want to say pub- My fervent hope is that people will shoes in other administrations, it can licly that I thank them and I appre- not misunderstand the intentions of 24 happen. ciate them and I am proud of them for Senators, and others, when we raised There is always this tension between what they did. the question going back to April 11 these two branches of Government I yield the floor. about certain information. All of my about information. We need to be clear The PRESIDING OFFICER. The Sen- colleagues are not familiar with all of about it. We have a constitutional re- ator from Connecticut is recognized. the details of the case, although the sponsibility, where appropriate, to seek Mr. DODD. Madam President, before Presiding Officer was very much a part information that is important for our our friend from Arkansas leaves the of the discussion we have had over the consideration. floor, let me also say, if his children last couple of months. Whether we are So it is my fervent hope that we go are watching, they should be very for or against the nomination, the away for a few days and recognize, as proud of their father. I have had the point I was trying to make is that an so eloquently Senator SALAZAR said, privilege of serving with the Senator’s institution—the Senate—has a right to speaking about his father, a World War father. In fact, we sat next to each certain information when it involves a II veteran, insisting upon being buried other as I arrived here as a freshman pertinent matter before it. in his uniform, that we recognize those Senator. The Pryor and Dodd families It has been a historic struggle be- who have given a lot more to provide go back for some time. tween the executive and legislative the freedoms we enjoy as Americans, I want you to know that what you branches. There is always that tension that we are very much living up to and your 13 colleagues did last week— between these two branches of Govern- what they fought and died for over this and nobody can say for certain where ment over access to information. Re- Memorial Day break as we recognize this is going to lead, but you have gardless of one’s political affiliation, their contributions. They fought and given this institution an opportunity whether you are in the majority or the died for exactly what we are doing to continue its tradition of providing minority, no matter what administra- here. the one place in Government where all tion is in the White House, my experi- This doesn’t happen miraculously. A voices can be heard. That is not true in ence over 21⁄2 decades, serving under democracy is won by each and every anyplace in the executive branch, nec- every imaginable configuration, is that generation in this country. There is no essarily, or the judicial branch. And it is always healthy to insist on infor- guarantee that it exists in perpetuity. even in the legislative branch, in the mation that the institution thinks is Each generation of Americans will con- other body, the majority rules. important for its consideration of a front, one way or another, a challenge The Senate is the one place where all matter—be it substantive or the execu- to our democratic values and prin- voices must be listened to. Because of tive branch calendar. ciples. Certainly, the generation that what you and our 13 other colleagues— I want to say to my colleagues, those fought and died for this country over 6 other Democrats and 7 Republicans— who have gone through this process of the years has proven that categori- were willing to sit down and try to negotiations that avoided the constitu- cally. fashion, we have been given a chance to tional crisis regarding extended debate, We are going to be challenged as well live up to the longstanding, historic what happened here in the last few from time to time. So I fervently traditions of this place in which we hours is not in any way disruptive of hope—and Members who have served have been privileged to have been what occurred during those negotia- with me know I am the least com- elected to serve. There have been 1,884 tions. It is my strong hope and desire fortable with getting involved in oppos- of us in 218 years who were chosen by that the information we seek will be ing a nominee. The only trouble I have our States to represent their interests forthcoming in the next few days, that gotten into in nominations is when I and the Nation in the Senate. I can the committees can analyze it all, and have been for nominees to the dis- just say to my friend from Arkansas, when we return to this body after the appointment of colleagues on this side. you will be involved in a lot of issues break, the matter of John Bolton can I was told I had no business to be for during what I hope is a long career for come before this body and we will have John Ashcroft and John Tower. I am you here in the years ahead. You will an up-or-down vote on the nomination, not comfortable not being for some- look back, and there will only be a as it should be. It is my strong desire body. I took the position I did, and I handful of moments that will stand that that be the outcome. hope we can resolve this matter over out, and I am willing to predict that This was not intended, in any way, to the next few days and get back to the what you, Senators MCCAIN, NELSON, engage in a filibuster but strictly to business of voting up or down and move LIEBERMAN, COLLINS, BYRD, WARNER, determine whether this institution on to other business that is important GRAHAM, SNOWE, DEWINE, LANDRIEU, would say to the executive branch, re- to our constituents. SALAZAR, CHAFEE, and INOUYE have spectfully: This is information we be- I was heartened to hear that Demo- done will remain one of the important lieve we need. We are asking you to crats and Republicans were able to memories. You will look back and provide it in an orderly way to those work out differences on an energy bill. think of the things you have been in- Members who are entitled to this infor- That is going to be exciting to deal volved in and, hopefully, the list will mation—the chair of the Intelligence with; it is an issue in which our con- be long. Committee, the ranking Democrat, the stituents are interested. I would be re- As one Senator who was not involved chair of the Foreign Relations and miss in not recognizing the Presiding in the negotiations you went through ranking Democrat—for them to deter- Officer in the tremendous work he has but was watching them carefully—and mine whether there is relevancy to this done, along with Senator JEFFORDS and again, we cannot say with certainty information as it pertains to this nomi- Senator REID and Senator BAUCUS. where it is going to lead—I commend nation. There is a lot of work in front of you. you and history will commend you for Again, I thank the majority leader. Those are the issues we need to work what you are doing. I love the idea that It probably doesn’t help his cause to together on here. So while there may you did it for your family and your hear this, but BILL FRIST made a seri- be some bruised feelings right away children. They will look back with ous effort over the last couple of days, over a vote we just took, I hope we can pride on the service of their father. not that he necessarily even supported put those behind us and resolve the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6002 CONGRESSIONAL RECORD — SENATE May 26, 2005 matter and get about doing the busi- the interior of Alaska awoke to the duct a hearing on the recommenda- ness the people sent us here to do. news that the Department of Defense tions pertaining to Eielson Air Force To my colleagues, I wish them a had proposed to realign Eielson Air Base. The community has enlisted the healthy, happy, and safe Memorial Force Base. Under the terms of this re- president of the University of Alaska, Day, and I look forward to seeing them alignment, all of the Air Force active- retired Army MG Mark Hamilton to on our return here and moving forward duty operations would be transferred take the lead in presenting its case. with the business at hand. elsewhere. The realignment would The community is working very hard I yield the floor. cause the relocation of about 2,800 Air at this moment to put together a very The PRESIDING OFFICER (Mr. Force personnel and 3,300 dependents. thoughtful and well-researched presen- INHOFE). The Senator from Alaska is It would cause the loss of 4,700 jobs, tation. recognized. both military and civilian jobs, within At this point, we are less than 30 Ms. MURKOWSKI. Mr. President, I the Fairbanks area. It would mean the days, a couple of weeks from the date am sorry that our colleague from Ar- full transfer of A–10 and F–16 aircraft upon which that presentation, that do- kansas has left the floor because I was to bases in the lower 48. It would wreak or-die presentation, must be delivered sitting there listening to his comments havoc on the local economy and force to the BRAC Commission. And yet still and his recognition and acknowledge- major changes upon the Fairbanks the Air Force cannot release the de- ments of the 14 Senators who worked North Star Borough School District. tailed analysis which supported their on the compromise this past week and To the people of interior Alaska, recommendations. all the efforts they had made. they do not look at this as a realign- This is unfair to the community that I commend him and all the others of ment. It sounds to them, to us, exactly has offered nothing but unconditional that group and all those who encour- like a closing. love and support for the military. It aged us as a body, as Senators—not as Two weeks after the fact, the people goes beyond conscionable. Republicans, not as Democrats but as of interior Alaska are still scratching So I have joined with Senator SNOWE Senators—to move forward so that we their heads and wondering why, what is from , as well as other col- could get through what I certainly be- going on here, what has happened up leagues, to tell the Defense Depart- lieve was a great impasse in this body, here? General Billy Mitchell proph- ment that their lack of candor with the to work through the issues, to get us to esied back in 1935. He said: community that will suffer under the the point where we cannot only move In the future, he who holds Alaska holds BRAC process has worn thin. I am through the President’s judicial nomi- the world. proud to join with Senator SNOWE and nees, but that we can do the rest of the General Mitchell characterized Alas- other colleagues to sponsor legislation work with which the Senate is tasked. ka as the most important strategic that requires the Department of De- The good Senator from Connecticut place in the world, and this is as true fense to turn over the records sup- has just mentioned the Energy bill and today as it was in 1935. porting its BRAC recommendations the Transportation bill—these issues Alaska is closer to the European and and particularly the information sup- the country is waiting for, the country Pacific theaters by air than perhaps porting its conclusions as to the mili- is asking for, and the work that is in- any other place in North America. Our tary value of the bases on the list. cumbent upon us as a body to get to. armed services can deploy forces from We expect through this legislation So I am pleased that we are at the Alaska to Asia much more quickly that this information will be provided point where we are, not spending hours than units on the west coast of the to the Congress within 7 days of the on the floor today to discuss nuclear United States. And if future develop- passage of the legislation. If the De- options or constitutional options, but ments limit overseas basing, Alaska fense Department cannot do this, then that we are talking about the work be- will be even more critical in America’s the legislation requires that the BRAC fore us as we look forward to these up- ability to respond to a crisis within a process should stop. coming months. I do see a sense of specific area of responsibility. Also this evening, I signed onto a let- compromise that will be necessary if Yet 2 weeks after we learn of this ter to Secretary Rumsfeld, cosigned by we have any plans at all to accomplish news, the Air Force cannot—or will a number of my colleagues who are ex- that which I think this country expects not—tell the people of Fairbanks why. pressing the same concern, seeking full us to do. Immediately after the BRAC list was justification for base closures in their I am pleased that we have gotten released, my staff contacted appro- areas. I would like to read one para- through to this point. I do recognize priate staff members in the Office of graph of this letter: the bump in the road we just had this Legislative Liaison for the Secretary The failure of the Department of Defense afternoon, but I believe that with the of the Air Force. We asked for a copy of to provide all of the justification data used same amount of determination that the entire administrative record which to recommend closing or realigning installa- got us to a resolve on the judicial supports their recommendation to re- tions in a timely fashion is anything but nominees, we will be able to do the align Eielson. ‘‘fair, open or equitable.’’ The Department of work of the country. For the better part of 2 weeks, there Defense has had over two years to review and collect this data and people associated with BRAC was no response to that request. Then the installations selected foreclosure should Ms. MURKOWSKI. Mr. President, I suddenly this week, we get an e-mail have at a minimum two weeks to review rise this evening for just a few minutes from an Air Force legislative liaison prior to any BRAC hearings or site visits. to talk about the upcoming BRAC and saying the material could not yet be Sufficient time to review this data is nec- the impact we are seeing in my State provided because it is undergoing what essary to ensure they can make an appeal of Alaska, up in the interior, in the they call security review. The Air based on the criteria established by the De- communities of Fairbanks and North Force legislative liaison could not haz- partment of Defense. Pole. They call this the golden heart of ard a guess on when the material would Again, yet one more effort from Sen- the State of Alaska. be released. ators, from those who are concerned The people of Alaska are strong and They are still in no position to ex- about the effect that BRAC closures very consistent supporters of a strong plain to me or to the people of interior will have on our respective commu- national defense. They are even strong- Alaska why a base that we thought was nities, a request for information, a re- er supporters of the men and women of such strategic importance to our Na- quest for the data that is supposed to who serve in our military and their tion’s defense would become little be provided to us. We have to sign on families. In a State where support for more than a refueling station for fight- to letters, we have to sign on to intro- our servicemen and servicewomen and er aircraft based somewhere else. duce legislation saying you must do their missions is both given and con- The people of interior Alaska deserve this within this time period or the stant, the golden heart of Alaska prob- to know why, and I certainly deserve close BRAC process stops. We should ably beats strongest in the areas of to know why. The answers to these not have to be going to these measures Fairbanks and North Pole. questions are more than just academic to get the information. So on the morning of May 13—Friday interest. On June 15, the Base Realign- The BRAC commission process was the 13th, oddly enough—the people of ment and Closure Commission will con- never intended to be a rubberstamp of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6003 the Department of Defense rec- Lebanon now joins the list of fledg- SENATOR AND ERMA BYRD’s 68TH ommendations. The Congress intended ling democracies taking their first bold WEDDING ANNIVERSARY that it be an open process, a thoughtful steps into the future. All of this could Mr. FRIST. Mr. President, on an- process, but most importantly an intel- not have happened without tremendous other issue, an issue that was discussed lectually rigorous process. courage on the part of the Lebanese by several of my colleagues, most nota- While the economies of many of our people. The determination and vision bly Senator STEVENS, our distinguished communities are at stake, this is not of one man, President Bush, made it colleague from Alaska, the President the most important reason that we possible. His commitment to democ- pro tempore, I rise to honor now a very have a BRAC process. This process is racy and unwavering belief in the fun- special day in the life of one of our intended to assure the Congress and damental equality of all human beings most respected and venerable col- the people that our national security has wrought remarkable change indi- leagues. objectives are not compromised in the rectly, such as in Lebanon, and more On Sunday, the distinguished senior quest to save money. We know the directly around the world. Democracy Senator, ROBERT BYRD, celebrates his BRAC process is well underway. It is is taking root in even the most inhos- 68th wedding anniversary with his be- high time that the Defense Department pitable of lands. loved wife and high school sweetheart shed some sunlight on the reasons for By America’s words and our deeds, Erma Ora James. their recommendations. The good peo- we are emboldening those who seek The courtship is well known to our ple of interior Alaska should not be left freedom and peace. It is an unprece- colleagues. It is hard to do it full jus- in the position of defending the future dented moment in the history of the tice, but I will give it a try. The two of Eielson Air Force Base on June 15 Middle East. met in Raleigh County over 7 decades with both hands tied behind their back, I realized that yesterday as the ago, where Erma’s father had been and they should not have to be burning President of the Palestinian Authority, transferred from Virginia to work in the midnight oil in the hours leading Mahmoud Abbas, was in our office in the coal mines. Senator BYRD had a up to that hearing studying material this Nation’s Capitol. We discussed the friend who brought pocketfuls of gum that should have been provided weeks future and the hope and the oppor- and candy to school, and each day the earlier. They do not deserve it, we do tunity. As noted scholar and Middle young ROBERT BYRD would wait at the not deserve it, and our Nation’s secu- East expert Fouad Ajami says: schoolhouse door and ask his friend for rity certainly deserves better than The entrenched systems of control in the a few pieces of candy. He put them in this. Arab world are beginning to give way. his pocket and at the first opportunity I suggest the absence of a quorum. Indeed, it is the autumn of the dic- he would present the candies to Erma The PRESIDING OFFICER (Mr. tators. as a love offering. ALLEN). The clerk will call the roll. I mention Lebanon in part because it Senator BYRD has said he wasn’t real- The legislative clerk proceeded to has been on my mind the last 4 weeks. ly sure if his Erma knew that she was call the roll. his sweetheart, but she must have Mr. FRIST. Mr. President, I ask It was about 4 weeks ago that I and a delegation had the opportunity, the found out because the couple ulti- unanimous consent that the order for mately was married in 1937. The day the quorum call be rescinded. privilege, of traveling to Lebanon dur- after their wedding, Senator BYRD gave The PRESIDING OFFICER. Without ing our April recess. While in Beirut, I had the opportunity to walk through his new bride his wallet which con- objection, it is so ordered. tained several hundred dollars that, The majority leader is recognized. that square, Martyrs Square. I met with leaders of the Cedar Revolution. over the days and weeks and months, f They represented a of parties he had saved. He told her that she DEMOCRACY IN LEBANON and religious sects—Christian, Druze, would be the head of their family fi- Mr. FRIST. Mr. President, this Sun- and Muslim. These leaders were well nances forever. To this day, Senator day the people of Lebanon will go to versed in the requirements for a suc- BYRD doesn’t carry a wallet. the polls to vote in their first truly cessfully functioning democracy. In He has said that Erma has been his free election in three decades. Since particular, they discussed the needs to anchor all these years. They are truly 1990, Lebanon has been occupied by restore transparency and account- blessed to have one another, their fam- Syrian forces, but this spring the peo- ability, the rule of law, to secure an ily, and a lifetime of shared memories. The Bible says: ple of Lebanon made history. On March independent judiciary and to build, to 8, hundreds of thousands of people de- construct, to reconstruct their econ- A man will leave his father and mother, omy so that the Lebanese people main- and be united to his wife, and they will be- scended upon Martyrs Square in Bei- come one flesh. rut, Lebanon’s capital, and inaugu- tain a stake in the future. Their com- For nearly 7 decades, Senator BYRD rated what has become known around mitment to freedom, to the rule of law, and his lovely wife Erma have lived up the world by people who viewed it as and democratic governance was truly to the ideal of marriage. I commend the Cedar Revolution. inspiring. them. I admire them. And I wish them For 2 weeks the word spread from There are many challenges ahead. We share the concern that Syrian intel- both a very happy 68th anniversary. city to city and to the countryside. It Mr. President, I yield the floor and was clear that freedom was on the ligence officials have not fully with- drawn from Lebanon. We also know suggest the absence of a quorum. march. On March 18, 10 days later, a The PRESIDING OFFICER. The that this election will not, in any crowd of 1.5 million people, nearly half clerk will call the roll. shape or form, be perfect. Few elec- of the Lebanese population, gathered in The legislative clerk proceeded to tions in times of transition are. But that very square, Martyrs Square, to call the roll. demand, to insist upon, the withdrawal seeing firsthand the determination of Mr. REID. Mr. President, I ask unan- of Syrian troops and its intelligence the Lebanese people was truly inspir- imous consent the order for the apparatus from Lebanon. ing. I came away optimistic that this quorum call be rescinded. These brave and proud citizens of all moment will lead to a new age of free- The PRESIDING OFFICER. Without ages, religions, and ethnicities stood dom and democracy for the Lebanese objection, it is so ordered. people. shoulder to shoulder waving their na- f tion’s flag in solidarity. Together, with In the words of Vaclav Havel, I urge the support of freedom-loving democ- the people of the region: STEM CELL RESEARCH racies everywhere, they brought an end to never forget these days full of solidarity, Mr. REID. Mr. President, I have had to Syrian occupation. In less than 2 hope and common quest for freedom and a number of conversations the last cou- months, 20,000 Syrian troops pulled out truth. ple of days with the distinguished ma- of the country. It was an astonishing To the Lebanese people: jority leader about this issue of stem wave of events broadcast on television It may be a long and difficult road, but cell research. Dr. FRIST—and I say Dr. sets and computer screens around the please have faith that the destination is well FRIST because it relates to this mat- globe. worth the journey. ter—indicated he was going to study

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6004 CONGRESSIONAL RECORD — SENATE May 26, 2005 this during the break. I think that is congratulations to my good friend and that began in Beckley, WV; the love of very important. colleague, Senator ROBERT BYRD, and their children, grandchildren, and We have the opportunity to work to- his wife Erma, who, on Sunday, will great-grandchildren; and the respect of gether on legislation—I don’t mean he celebrate 68 years of marriage. This is all of us in the Senate. I know of no and I, I mean Democrats and Repub- an anniversary few of us will ever see, other Senator who has celebrated over licans in the Senate. Earlier this week, and as far as I can tell—I have checked 50 years of service in Congress, and as the House voted to expand the Presi- with the Historian—no Senator has I said before, there is no other Senator dent’s stem cell research policy. Pas- ever had the opportunity to celebrate who could say he celebrated 68 years of sage of the Stem Cell Research En- 68 years of marriage. As a matter of marriage. It is an overwhelming ac- hancement Act was a victory for mil- fact, my oldest son Walter and his wife complishment and really a credit to lions of Americans who suffer from Debbie will celebrate 23 years of mar- both ROBERT and Erma. deadly diseases and for their families. riage on the same day, this Sunday. Earlier this month, in his annual It was also a victory for bipartisanship. Those of us in the Senate have relied Mother’s Day address, Senator BYRD This bill shares the same level of bipar- greatly upon Senator BYRD’s knowl- reflected on the early days of his mar- tisanship and support here in the Sen- edge and love of history. With just a riage to Erma. He said: ate that it did in the House. few short days remaining before their Nearly seven decades ago, we were the Senators HARKIN and SPECTER, who anniversary and because we will prob- rankest of amateurs at marriage and parent- are champions of medical research, ably not be in session tomorrow, I hood. have worked hard on this issue. Sen- think it is appropriate to return the This Sunday, our good friend and his ators FEINSTEIN, HATCH, KENNEDY, and favor and ask the Senate to reflect a wife will have proven they are now ex- SMITH have also been leaders on this moment on ROBERT and Erma’s history perts in both categories. My wife Cath- bill. together as husband and wife. erine and I wish them the best. I hope when we return from recess, ROBERT BYRD and Erma James grew Senator BYRD has often marked sig- the distinguished majority leader will up together on the schoolyard of Mark nificant events by submitting works of have had an opportunity to look at this Twain High School in West Virginia. poetry for the RECORD. I wish I had his and we can take some time to do this. They were high school sweethearts, al- capability for remembering poems and What I do not want on this bill is to though Senator BYRD has said himself works of great art. But today, I offer a have it offered to Defense authoriza- he is ‘‘not sure if [Erma] knew she was poem by the great Alaskan poet, Rob- tion or something such as that. I think my sweetheart.’’ They were. And they ert Service, and I offer it in honor of it would be better if we had free- were married on May 29, 1937. Senator and Mrs. Byrd’s 68 years to- standing legislation on this. It can be Over the years, their family has gether. Robert Service’s poem is enti- done in a relatively short period of grown, as Senator BYRD likes to say, tled ‘‘Home and Love,’’ and it goes like time. I certainly hope so. When we ‘‘into a brood of fine people.’’ Today, this: come back, we have a 4-week work pe- they are proud parents of two daugh- Just home and love! The words are small riod and we can work it in during that ters and have known the joy of six Four little letters unto each; period of time. grandchildren and six great-grand- And yet you will not find in all children. The wide and gracious range of speech I suggest the absence of a quorum. Two more so tenderly complete: The PRESIDING OFFICER. The For 68 years, Senator and Mrs. Byrd When angels talk in heaven above, clerk will call the roll. have shown us what it means to ‘‘love, I’m sure they have no words more sweet The assistant legislative clerk pro- comfort, honor, and keep for better or Than home and love. ceeded to call the roll. worse, richer or poorer, in sickness and Just home and love! It’s hard to guess Mr. FRIST. Mr. President, I ask in health.’’ Their story has been called Which of the two were best to gain; unanimous consent that the order for ‘‘one of the great American romances.’’ Home without love is bitterness: the quorum call be rescinded. Every year, in May, Senator BYRD Love without home is often pain. The PRESIDING OFFICER. Without comes to the floor to reflect on the No! Each alone will seldom do; objection, it is so ordered. meaning of Mother’s Day and honor Somehow they travel hand and glove: the Nation’s mothers. His great speech- If you win one you must have two, f Both home and love. es often mention Erma, the wonderful MORNING BUSINESS home she has made for him and their And if you’ve both, well then I’m sure Mr. FRIST. Mr. President, I ask You ought to sing the whole day long: children, and the joy he takes in his It doesn’t matter if you’re poor unanimous consent that there now be a family. With these to make divine your song. period of morning business, with Sen- Two years ago, when Erma was sick, And so I praisefully repeat, ators permitted to speak therein for up Senator BYRD stood up during an ap- When angels talk in heaven above, to 10 minutes each. propriations debate and told us he was There are no words more simply sweet The PRESIDING OFFICER. Without going home. And I quote what he said Than home and love. objection, it is so ordered. at that time: I ask the Senate to remember to con- f There are only two duties that will gratulate my good friend on 68 years of exceed my duties in the Senate, one is marriage. SENATOR AND MRS. BYRD’S 68TH my duty to God and the second is to Mr. REID. Mr. President, I rise toady WEDDING ANNIVERSARY my family. I think my duty is to my to congratulate a member of our Sen- Mr. STEVENS. Mr. President, it is wife. ate family who is nearing an amazing not often we get the time to just come Now, these moments are a great re- milestone in life—68 years of marriage. to the floor to talk about friendships minder to those of us who are married. On My 29, 1937, the Valedictorian of and about what it means to be friends We have married in this life, and we Mark Twain High School married his in the Senate. I wish to take some time must do our best to keep the promises sweetheat—a coal miner’s daughter—in today to talk about my friend, the we made long ago. West Virginia. That valedictorian was former majority leader, former chair- I have had the honor to be married Senator ROBERT BYRD. The coal min- man of the Appropriations Committee, twice myself. One of the reasons I am er’s daughter was Erma Ora James. On and longtime friend, Senator BYRD. here today is I remember the great Sunday, they will mark 68 years to- It just so happens that we have spent comfort Senator BYRD gave to me when gether. a lot of time together. I remember so I lost my first wife. He has assisted me It is an incredible achievement and a well one great trip to London when we and my family in many ways. I also re- testament to their love and commit- went there for the British-American member when he came to the floor and ment. Parliamentary Conference where we spoke of my first child in my second Look how far they’ve come. They had a great deal of time to talk about marriage and really extolled the con- have seen their lives move from the the past and our own personal lives. cept of marriage at that time. hills of West Virginia to the highest But I have come to the floor today to After 68 years, Erma and ROBERT still levels of government. Senator BYRD ask the Senate to join me in offering have the deep and abiding friendship has gone from gas station attendant to

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6005 meat cutter to welder to United States young faces trying to look stern in is to report the tragic news that an- Senator. crisp uniforms. Their sacrifices on bat- other life has been lost. Another 186 But—it’s important to note—Senator tlefields from the Argonne to Tripoli, families have gotten the same sad news BYRD has never hidden the secret of his Pearl Harbor to Iwo Jima, Porkchop coming from Operation Enduring Free- success. If you talk to him, he will give Hill to Hamburger Hill, Kabul to Bagh- dom in Afghanistan. My prayers go out credit to whom credit is due. dad have kept the Nation safe and car- to these families. There are no words He said it right here on the Senate ried the American ideals of liberty and that can console the grieving heart at floor in May of 2000 days before his 63rd democracy across the surface of the times like these. The widow’s flag, anniversary. He said: ‘‘I have to frank- globe. folded with care after a military cere- ly say that what little I have amount- This week, as the Senate struggled mony, offers little comfort. But these ed, if it is anything much, I owe for the and ultimately overcame an arcane but brave men and women, and the families most part to [Erma].’’ fundamental challenge to our constitu- they leave behind, are part of a long Well Erma, the people of West Vir- tional system of checks and balances, chain of sacrifice and grief that firm ginia and the United States owe you a we have, I believe, honored the memory the resolve of the Nation. Never should debt of gratitude for all you’ve done for of all of those soldiers, sailors, airmen we forget their service to the Nation your husband and for giving us his and Marines. They defended the Nation and the Constitution. Never should we time for so many years. and the Constitution from without; a squander their sacrifice on momentary I’ve said before, Senator BYRD is a bipartisan group of Senators this week partisan advantages that erode the in- mentor of mine. defended it from within, thank God. tegrity of the Constitution and, in I have had the good fortunate of serv- I rejoice that 14 Senators could rise turn, the continued health and vitality ing with him in the Senate since 1986. above partisan politics to understand of our form of government. In these 19 years, I’ve gotten to know and preserve the carefully crafted bal- On this Memorial Day, and on every Senator BYRD and Erma well. They are ance of powers inscribed in our Con- Memorial Day, I urge Americans to put a wonderful couple, delightful individ- stitution. Without the Constitution, out their flags and to honor the fallen. uals, and I am honored to call them the millions of lives and billions of dol- I further urge them, in the spirit of both friends. lars spent over the years on our Na- those first Memorial Days, to put aside Senator BYRD and Erma have no tion’s defense, the flower of our youth partisanship in favor of true patriot- doubt seen many changes over their 68 and our hard-earned treasure, would ism, and to love and preserve our Na- years of marriage—none bigger than have gone for naught. Our form of Gov- tion and our Constitution in a lasting the size of their family. They have two ernment, acknowledging the might of tribute to those who have given their daughters—Mona and Marjorie—and the majority but protecting the rights lives in its defense. over a dozen grandchildren and great of the minority, balancing populous As is my custom on these occasions, grandchildren. States against States with smaller pop- I would like to close with a poem. This Of course, no one can talk about Mr. ulations, preserving the voice and will piece is by Edgar Guest, and is called, and Mrs. ROBERT BYRD without recall- of the people as the ultimate check ‘‘Memorial Day.’’ ing how they came to be together. He against the rise of a tyrant king, that MEMORIAL DAY used sweets to get to her heart. is our greatest treasure. It is the pres- The finest tribute we can pay In school, a young ROBERT BYRD used ervation of our form of Government Unto our hero dead today, to take sweets from a fellow classmate that merits committing our young to Is not a rose wreath, white and red, but he wouldn’t eat them. He would the bloody horrors of battle. In memory of the blood they shed; store them up and give them to Erma It is perhaps appropriate, in this con- It is to stand beside each mound, when he met her in the hall. Years text, that the Senate’s battle is con- Each couch of consecrated ground, later he would say: ‘‘That’s the way cluded just before Memorial Day, And pledge ourselves as warriors true you court a girl—with another boy’s which originated after our Nation’s Unto the work they died to do. bubble gum.’’ most divisive and bloody war ever Into God’s valleys where they lie I have said many times that the fought on our home soil. The Civil War At rest, beneath the open sky, Members of this Chamber are a family. pit over 2.2 million Union soldiers Triumphant now o’er every foe, As living tributes let us go. And what an amazing example of fam- against just over 1 million Confederate No wreath of rose or immortelles ily we have in Senator BYRD and Erma. soldiers, resulting in almost 600,000 Or spoken word or tolling bells For 68 years of marriage, they have deaths, a third in battle and the rest Will do today, unless we give set a high standard for us all. It is a from war’s accompanying furies of dis- Our pledge that liberty shall live. tribute to their love for each other, and ease and privation. It is a tribute to Our hearts must be the roses red for the rich, productive life they have the heart’s powers of healing that soon We place above our hero dead; enjoyed. after the war, individuals and commu- Today beside their graves we must I congratulate them once again and nities could put aside their differences Renew allegiance to their trust; pray for many more years of happiness in the graveyard and simply mourn Must bare our heads and humbly say together. their losses together. We hold the Flag as dear as they, Over 42 million American patriots And stand, as once they stood, to die f To keep the Stars and Stripes on high. have risked their lives for our Nation MEMORIAL DAY since the Revolutionary War. Over 17 The finest tribute we can pay Mr. BYRD. Mr. President, this com- Unto our hero dead today million war veterans, of among over 25 Is not of speech or roses red, ing Monday, Americans across the Na- million veterans of military service, But living, throbbing hearts instead, tion will hang flags at their doors and live among us still. I salute them all, That shall renew the pledge they sealed place small flags and flowers on the and thank them and their families for With death upon the battlefield; gravesites of loved ones and soldiers in their bravery and their patriotism. That freedom’s flag shall bear no stain a tradition that stretches deep into Of the 42 million Americans who saw And free men wear no tyrant’s chain. history, perhaps back to the advent of battle during their military service, ‘‘No Tyrant’s Chain.’’ warfare. over 650,000 died in battle. That is I yield the floor. The selection of the last Monday in 650,000 families who received the ter- f May is unique to the United States, rible news that their loved one had but remembering and honoring those been killed. In World War II, the tragic CONGRATULATIONS TO BETTY fallen in battle is deeply ingrained in news often came by telegram, and SIEGEL the human heart. On this day, these Americans learned to dread the sight of Mr. ISAKSON. Mr. President, I rise sons and fathers, uncles and brothers those envelopes. to memorialize in the RECORD of the and, more recently, daughters and As of May 23, 2005, in connection with Senate the name of a great educator in mothers, aunts and nieces are family Operation Iraqi Freedom, 1,623 families the State of Georgia. Two weeks ago at members to us all. Lost to us too early, have answered the door to the solemn the commencement exercises of Ken- their images remain frozen in time, faces of two officers whose hard duty it nesaw State University in Kennesaw,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6006 CONGRESSIONAL RECORD — SENATE May 26, 2005 GA, a lady by the name of Dr. Betty of family business, second to none, that calling, one above his own self interest, Siegel announced at the end of that today is the resource for families who and he enlisted in the Army at 26. In commencement her retirement as try to make those transitions from one the Army, he flourished into a man of president of Kennesaw State Univer- generation to the next, to make the discipline and initiative. sity after 25 years of service. transition from small business to me- He had the admiration and respect of One might think in listening to that, dium-sized business to large business, his fellow soldiers and superiors. well, that is a nice accomplishment, or to seek the guidance that is so ‘‘Sometimes I wish we had a whole pla- but is that so significant? I will talk unique for small family businesses. toon of him,’’ said SSG Jeremy for a minute about how significant this And Kennesaw State University is that Schultz, who served with Specialist woman’s life and her contributions institution. Anderson in Iraq. Don’t we all; don’t have been. But I want to tell you something we all. Twenty-five years ago there were not about Dr. Betty Siegel. Specialist Anderson of the Army’s many women presidents of any colleges Retirement is not quite the appro- 2nd Battalion, 7th Infantry Regiment, or universities in the United States of priate announcement because she has 1st Brigade, 3rd Infantry Division was America. In fact, Betty Siegel became never retired from her commitment in training with the Special Forces when the first president of a public univer- her life to young people and to their he was killed earlier this month. He sity in the history of the university education, and she will not now. Be- was awarded the Bronze Star post- system of Georgia. She took the leader- cause when asked, after her announce- humously. He came from humble be- ship of a small, urban campus, nonresi- ment—within minutes—well, what are ginnings and aspired to quiet greatness dential, known as Kennesaw State Col- you going to do? She said: I am going with an even greater heart. lege, with students numbering 4,000, to teach. I am going to work with President John F. Kennedy once said, handing out a handful of degrees, most young people. I am going to try to ‘‘Every area of trouble gives out a ray all to computer learners. make their lives better. of hope, and the one unchangeable cer- As Dr. Siegel announced her retire- After making that announcement, tainty is that nothing is certain or un- ment 2 weeks ago, she leaves a univer- she spent the next week overnight in a changeable.’’ SPC Travis Anderson ex- sity with 18,000 students, third only to dorm with students, asking how she emplified this in his mission of service the University of Georgia and Georgia could advise the next president to to his nation. He will be missed by all State University in population in our make the services of Kennesaw State those around him and he and his family State, granting multiple degrees and a University even better for the students will remain in our prayers. And to his forerunner in our State in nursing, in who will enter in the fall of 2005 and go family and friends, I say, on behalf of a education, in family business, in lead- on to 2006. grateful nation: thank you for sharing It gives me a great deal of pleasure ership, and in ethics. Travis with us. and it is a privilege to recognize on the Betty Siegel graduated from Wake Senate floor the contributions of Dr. f Forest with an undergraduate degree Betty Siegel to the children of Georgia, and went to the University of North MEMORIAL DAY 2005 her contributions to higher education, Carolina for her master’s and doctorate Mr. AKAKA. Mr. President, I rise to the ceiling she broke for women in aca- from Florida State. She taught, she be- recognize the significance of Memorial demics in our State, and, most impor- came a dean, throughout the south- Day and to remember the Americans it tantly, all of her continuing capacity eastern United States. But when she commemorates. In just a few days, we to helping and teaching our young peo- was tapped, it was not only the right will come together as a Nation to pay ple. person for the time, it was the best de- tribute to the courageous men and cision possible. She broke the glass f women who fought and died for our ceiling for women presidents at univer- HONORING OUR ARMED FORCES country. Too often we take for granted sities and colleges in Georgia because SPECIALIST TRAVIS ANDERSON the freedoms we, as Americans, enjoy, now we have many. She was the fore- Mr. SALAZAR. Mr. President, I rise too often we forget those who gave runner. today to take a moment to remember their lives to secure this liberty. She built an urban university that one of our fallen heroes, a young man America has honored its fallen sol- was nonresidential and commuter into from my home State and my native diers with a Memorial Day, sometimes a combination commuter and residen- San Luis Valley, SPC Travis Anderson. called Decoration Day, since the Civil tial university of renown and respect Specialist Anderson was killed in War. Though we are grateful to these all over the United States. Iraq on May 13, 2005. He was 28 years heroes each and every day, it was rec- While she did it, she did just a few old and a native of Hooper, CO, a small ognized that we should set aside 1 day other things. She got appointed to five town of 123 not much different from in particular, the last Monday in May, corporate boards because of her con- where I grew up in the San Luis Valley. to be especially mindful of the brave tribution, her intellect, her knowledge, A terrorist car bomb struck his soldiers, sailors, airmen, and marines and her breadth and depth. She became HumVee, killing him and wounding who paid the ultimate price for their president of a Chamber of Commerce. several fellow soldiers in the vehicle fellow citizens. How many times have you heard of a with him. All of us were fortunate to During a time when we continue to college president or university presi- be blessed by his life and we are all sad- lose more of our friends, family and dent going on to be the president of a dened by his loss. He exemplified cour- neighbors in combat overseas, I am es- local community Chamber of Com- age, discipline and patriotism, some of pecially mindful of the sacrifices made merce? This happens to be the second the finest qualities that we prize in by our men and women in the military. largest Chamber of Commerce in the Colorado and across this Nation. I served in World War II, and I have State of Georgia. But that is how re- Specialist Anderson—‘‘Loopie’’ to his seen firsthand the bravery and selfless- markable Betty Siegel is. family and friends and ‘‘Cowboy’’ to his ness that is a common thread in our I also mentioned in my remarks ear- fellow soldiers in Bravo Company, 3rd military personnel. Though I was lucky lier that Kennesaw was the leader in Infantry Division—was the kind of man enough to return home, not a day leadership and ethics. They are because that makes all of Colorado proud. passes when I do not think of my com- Betty Siegel found a way, through cor- His family and friends remember that rades who were not as fortunate, and I porate and private donations, to endow Travis was a rambunctious youngster. am eternally grateful to them. a chair and build a school committed He went on to work as a farmer and On this earnest occasion, I would like to leadership in ethics, in business, and ranch hand in Montana and Nevada. He to draw attention to what we can do in public life. worked hard to earn his high school di- for those veteran soldiers still with us Through her commitment to under- ploma and even defeated the so that we do not disrespect the sac- stand the strength of small business hantavirus, which at one point reduced rifices made by those we have lost. We and the fact that it is the heart of him to a mere 100 pounds. must provide full funding for veterans’ American , she founded, in But after those horrible hours on 9/11, health care. Every year the President our State, at her university, a division Specialist Anderson heard a higher sends forward his budget proposal to

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6007 Congress, and every year we go While we can never repay our Na- ‘‘We are going to do what they do but through the same struggle to get VA tion’s debt to families who have made just do it better,’’ he said. ‘‘ We out-gee health care the money it needs to ade- the ultimate sacrifice, we must always the G.’’ quately serve its veteran patients. We remember the legacy of their fallen ‘‘Out-geeing the G’’ was the heart must change the way funds are allo- sons and daughters: a safer and freer and soul of Hackworth’s brand cated so that all of our veterans are world. On this Memorial Day, I believe of soldiering. guaranteed the care they so clearly de- it appropriate to take a small step in Sadly, Colonel Hackworth was not serve. that direction by recognizing in the able to ‘‘out-Gee’’ the enemy this time. I want the 115,000 veterans who record those exceptional individuals choose to make Hawaii their home to from Massachusetts who this year gave Colonel Hackworth began his mili- be assured that they will receive the their lives, and earned the eternal grat- tary career just up the coast from Ti- services they have earned. The nearly itude of the American people: juana—in Santa Monica, CA. 18,000 veterans who avail themselves of Arredondo, Alexander S., Lance Cor- At the age of 10, after Japan’s attack VA health care on Oahu, the Big Is- poral, USMC, 25-Aug-2004—Randolph, on Pearl Harbor, he worked as a shoe- land, Kauai, and Maui should not have MA; Connolly, David, S., Major, USA, shine boy at a military post there to worry if resources for doctors and 6-Apr-2005—Boston, MA; Cunningham, where a group of soldiers adopted him nurses will materialize next year. The Darren J., Staff Sergeant, USA, 30-Sep- as a mascot. They had a special uni- reservists and guardsmen who are de- 2004—Groton, MA; Depew, Cory R., Pri- form made for him to wear. Both his ployed for the current wars in Iraq and vate, USA, 04-Jan-2005—Haverhill, MA; parents died before his first birthday. Afghanistan also must receive the care Desiato, Travis R., Lance Corporal, At this point in his life, Colonel they need upon their return. And the USMC, 15-Nov-2004—Bedford, MA; Hackworth said: ‘‘I knew my destiny. fact that a whole population of vet- Farrar Jr., Andrew K., Sergeant, Nothing would be better than to be a erans is denied care because VA does USMC, 28-Jan-2005—Weymouth, MA; soldier.’’ not have adequate funding is shameful. Fontecchio, Elia P., Gunnery Sergeant, You can’t utter the name David Memorial Day is a day of both sorrow USMC, 04-Aug-2004—Milford, MA; Hackworth without also saying the and joy. We mourn those we have lost Fuller, Travis J., 1st Lieutenant, word soldier in the same breath. He in battle, and we celebrate the free- USMC, 26-Jan-2005—Granville, MA; was a ‘‘soldier’s’’ soldier. doms we currently enjoy thanks to Gavriel, Dimitrios, Lance Corporal, He was a soldier from the day he put those brave individuals. As we gather USMC, 18-Nov-2004—Haverhill, MA; on that special uniform in Santa together over the long weekend to cele- Johnson, Markus J., Private, USA, 1st Monica to the moment he died. He may brate this important holiday, let us Class, 01-Jun-2004—Springfield, MA; have taken off his uniform after pub- make sure to take a moment to re- Lusk, Joe F. II, Captain, USA, 21-Jan- licly denouncing the on member and thank those who lost their 2005—Framingham, MA; Moore, James national TV in 1971, but he continued lives in order to secure our futures. M., Colonel, USA, 29-November-2004— to soldier until the very end of his life. Then, for the rest of our tenure in Con- Peabody, MA; Oliveira, Brian, Cor- gress, let us not waiver from the com- poral, USMC, 25-Oct-2004—Raynham, I know that Colonel Hackworth was a mitments made to these brave men and MA; Ouellette, Brian J., Petty Officer, highly respected combat veteran. I women in terms of programs, services 1st Class, USN, 29-May-2004—Needham, know he distinguished himself as a and benefits. MA; Palacios, Gabriel T., Specialist, leader of troops in the field in Korea and Vietnam. I know he was awarded a f USA, 21-Jan-2004—Lynn, MA; large number of combat decorations for MEMORIAL DAY Schamberg, Kurt D., Sergeant, USA, 20-May-2005—Melrose, MA; Sullivan, valor. Mr. KERRY. Mr. President, Memorial Christopher J., Captain, USA, 18-Jan- Colonel Hackworth was a true Amer- Day is a day of mixed emotions: sorrow 2005—Princeton, MA; Vangyzen IV, ican hero. for the families whose sons and daugh- John J., Lance Corporal, USMC, 05-Jul- But I do not want to leave my col- ters have given their lives for our coun- 2004—Bristol, MA; and Zabierek, An- leagues with a false impression. try, coupled with universal pride in the drew J., Lance Corporal, USMC, 21- I did not know Colonel Hackworth great Americans who for generations May-2004—Chelmsford, MA. and particularly today teach us the full when he was fighting wars and winning f meaning of service and sacrifice. The medals for valor. I have only read courage and bravery of our young men THE PASSING OF A GREAT AMER- about that part of his life. I did not and women fighting overseas continues ICAN SOLDIER—ARMY COLONEL meet him until much later—after he to inspire all of us, and indeed inspire DAVID H. HACKWORTH had started a new career. the free world and those yearning for Mr. GRASSLEY. Mr. President, I was I came to know Colonel Hackworth freedom. very sad to learn that Colonel after he became a reporter and began America’s fallen soldiers shouldered Hackworth had died on May 4, 2005, in covering . a responsibility greater than any of us , Mexico. He was still a soldier all right—but a will ever know. Their families, their Tijuana is the place where Colonel different kind of soldier. units, and their nation depended on Hackworth chose to make his last Colonel Hackworth had become what them, and they answered the call of stand. He went there to fight one last I would call a brave-hearted soldier for duty with selflessness and devotion. battle. He had a particularly deadly the truth. form of cancer that spread. He went to Our soldiers did not shirk from this re- When I met him, he had taken off his sponsibility, and all the uncertainty, Mexico, hoping for a miracle with an experimental drug treatment program. uniform. He was fighting a different danger and honor that came with it. kind of war. He was a soldier in civilian Their families remember them as spe- Just before leaving his home in Con- necticut for the last time in January clothes. But he still had a mission. He cial sons and daughters, brothers and wanted to bring truth, justice, and ac- sisters, husbands and wives, and cher- 2005, he sent me one final message: Give Senator Grassley my best. Have run countability to military head- ished friends. Their Nation remembers quarters—the Pentagon. He wanted to them as special citizens. Grown men out of conventional options re my cancer. Got until March to find a solution. Off to shed some light on what he perceived will touch their names etched on gran- Mexico to see if we can’t out Gee this mon- as gross incompetence and corruption ite walls and will today weep for fallen ster. I am not sweating my final orders from on the part of some senior officers. comrades who gave their lives so that Headquarters. It has been a fun ride. Plan on He was a contributing editor and re- others can live. being planted in Arlington. porter for Newsweek Magazine and syn- In this time of war, and in memory of ‘‘Out-Geeing the G’’ was one of Colo- dicated columnist. our fallen heroes, we must be mindful nel Hackworth’s favorite expressions. to do everything in our power to keep He invented the term while leading Colonel Hackworth and I shared a our troops safe as they keep us safe. We troops in combat during the Vietnam small piece of common ground— must do better to take care of their war. He told his troops that they could watchdogging the Pentagon. families, who sacrifice in ways too beat the Viet Cong by using the guer- From the moment when I was first many to count. rillas’ own mobile, hit-and-run tactics. elected to the Senate, I have worked

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6008 CONGRESSIONAL RECORD — SENATE May 26, 2005 very hard to ferret out fraud, waste, General Ashy flew himself, his aide and COLONELONEL DAVID H. and abuse at the Pentagon and stop it. family cat from Italy to Colorado aboard a HACKWORTH I do it because I don’t want to see a 200-seat Air Force plane; he flew his wife round-trip on an Air Force VIP aircraft from Mr. LIEBERMAN. Mr. President, I single tax dollar wasted. rise to pay tribute to a true American Colonel Hackworth attacked the very Colorado to Washington; and he made pala- tial renovations at his headquarters. hero, COL. David H. Hackworth, who same problem but from a different spent his last years in Connecticut. angle. The IG concluded that General Ashy’s ‘‘wasteful escapades’’ cost the Colonel Hackworth was one the most As in everything he did, he always legendary and highly decorated sol- taxpayers $424,602.00. looked at a problem from a common diers of the U.S. Army. As Memorial Colonel Hackworth found out about soldier’s perspective. Day approaches, there is no better time As I said, his main concern was in- General Ashy’s ‘‘escapades’’ from one to remember the sacrifices, courage competence and corruption among of his beloved soldiers who was denied and tactical genius of this legendary some senior officers in the Pentagon. a seat—and free ride home—on Ashy’s soldier who spent more than half a cen- He called them ‘‘perfumed princes.’’ airplane. tury fighting on the world’s most dan- These were some of the same officers Colonel Hackworth’s comments were gerous battlefields. As World War II he saw come and go in Vietnam. They as follows: was coming to a close, a 14-year-old came to Vietnam to get their ‘‘tickets The taxpayers got ripped-off for almost a David Hackworth lied about his age to punched.’’ They got their ‘‘tickets half a million bucks by a member of our join the Merchant Marine and a year punched’’ by commanding a battalion military elite and virtually nothing is being later joined the U.S. Army—spending or brigade for a shortened tour of duty done about it. . . . The Air Force the next 26 years fighting our nation’s spinmeisters lied through their teeth about before rotating home to the Pentagon battles. A true leader, ‘‘Hack’’ as he for promotion. what General Ashy did. . . . Besides being a blatant waste of money, this incident is was known, received a battlefield com- To the hardcore soldier like Colonel mission in Korea to become the Army’s Hackworth, ‘‘ticket punching’’ in Viet- about deception and the art of diffusing re- sponsibility. . . . Ashy was fined a mere youngest captain and was promoted in nam translated into unnecessary cas- $5,020.00 and continues to have four stars and Vietnam to the Army’s youngest full ualties on the battlefield. The wasting his finger on the nuclear button. colonel. Three times he was nominated of one soldier’s life produced real fury General Ashy wrote out a check for for the Medal of Honor. His decorations inside this man. He could not—and the fine and sent it to Air Force Head- are numerous and include the Army would not—tolerate it. quarters on June 26, 1995. However, in- Medal of Valor, the Distinguished Serv- One illustrative incident, which oc- ice Cross, ten Silver Stars, eight curred in Vietman, is described in his stead of depositing his check at the bank, the check was stashed in a safe Bronze Stars and the United Nations book ‘‘About Face.’’ Peace Medal. But the awards of which During a very intense combat oper- in Air Force Secretary Sheila Widnall’s he was proudest are his eight purple ation, a ‘‘perfumed prince’’ riding in a office—for what I suspect was perma- hearts and the Combat Infantryman’s helicopter overhead issued an order to nent safekeeping. At my request, the Badge. Mr. President, As you know, a unit under Colonel Hackworth’s com- IG began making new inquiries and the there is only one way to get this badge: mand—without Colonel Hackworth’s check finally went to the bank on Sep- serve 90 days in a front-line infantry knowledge or approval. That order re- tember 15, 1995. unit under fire and survive. sulted in a significant loss of life in one This great American soldier told us— in ‘‘plain old English’’—what he ex- In just one example of his bravery, of Colonel Hackworth’s units. Colonel Hackworth got out on the strut Colonel Hackworth believed that pected from the top brass at the Pen- of a helicopter to drag to safety his those casualties were avoidable and un- tagon. He expected them to lead by ex- men who were pinned down and facing necessary. ample. If they failed his leadership and certain death. It is no wonder, Colonel When he returned to home base, he integrity test at headquarters, he be- Hackworth has so many supporters. sought out that officer, put a 45 caliber lieved they would fail on the battle- But these statistics do not capture weapon to his head, and threatened to field. the Colonel Hackworth, the icono- kill him if he ever did anything like His pronouncements were blunt, for clastic straight talker, who lead from that again. sure. They were almost always harsh the front and spoke from his heart. One That is Colonel Hackworth’s own ac- and sometimes coarse. But they always of the most telling stories about Colo- count of what happened on that day so conveyed an important lesson tem- nel Hackworth’s leadership was his long ago. pered by battlefield experiences. So I transformation of the 4/39 Infantry Colonel Hackworth loved his troops listened and learned. His opinions on above all else and would go to any Battalion from a demoralized outfit the Pentagon brass had credibility in into an effective counter-insurgency length to protect them from harm and my book. He had put them to the ulti- abuse. fighting force that routed enemy units mate test on so many distant battle- in the jungles of Vietnam. Colonel His lifelong commitment to the com- fields. That was good enough for me. mon soldier was the driving force be- Hackworth’s training methods and tac- The lessons taught by this great tics were so successful, he wrote them hind the stories he produced as a re- American soldier are lessons that will porter with Newsweek and other publi- down in a book ‘‘The Vietnam Primer’’ stand the test of time. Setting the ex- that is still read by commanders today. cations. ample has been the most powerful ele- In Colonel Hackworth’s mind, the GEN. Hal Moore, the coauthor of ‘‘We ment of leadership since the beginning Were Soldiers Once and Young,’’ called terrible loss of life in Vietnam had its of time. Colonel Hackworth kept going origins in a disease that he set out to him ‘‘the Patton of Vietnam,’’ while back to those enduring principles. As a General Creighton Abrams, the last cure—the gross incompetence and cor- Nation, we must do the same. We must ruption—that he perceived at the high- American commander in that disas- rely on those ideas. They are too im- trous war, described him as ‘‘the best est echelons in the Pentagon. portant to be forgotten. They must be Colonel Hackworth was determined battalion commander I ever saw in the followed. to wipe it out and right a wrong. United States Army.’’ Over the years, we collaborated on a Colonel Hackworth was a constant Gruff and full of purple prose, Colonel number of investigations. The one I re- and forceful reminder of just how im- Hackworth ran afoul of the Army’s top member best is the one involving Air portant those principles really are. leadership and retired following a con- Force General Joseph Ashy in 1994–95. The memory of Colonel Hackworth frontation in which he said in 1971 that Colonel Hackworth conducted his and all that he stood for lives on in our the Vietnam War was hopeless. Often own investigation. He gathered the hearts and minds. called the champion of the common facts and the documents. I, in turn, re- Colonel Hackworth has left us. His soldier, ‘‘Hack’’ spoke truth to power. ferred Colonel Hackworth’s allegations remains will be laid to rest in Arling- After leaving the service, Colonel to the inspector general, IG, for review. ton National Cemetery on May 31. But Hackworth launched himself into new This is what Colonel Hackworth re- he will not be forgotten. He will never careers as a journalist, businessman, ported in the press: fade away. restaurateur and best-selling author as

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6009 he cast his sharp and experienced eye work in our Nation’s capital as well as parents would have the ability to block on the military-industrial complex. He tourists and other visitors would face a out violent shows. When I offered the always cast a glaring spotlight on con- greater threat of gun violence. amendment, the so-called experts told cerns when the ‘‘grunts’’ were not get- In a statement last week, DC Mayor us not to push forward—that the ting the equipment they needed to do Anthony Williams said, ‘‘I am incensed amendment couldn’t pass. But Bob ad- their jobs. by any congressional proposal that vised me to move forward. And when I extend my deepest condolences to uses District residents as pawns. I am the roll was called, the amendment Colonel Hackworth’s wife, Eilhys Eng- incensed by any proposal that assaults passed by a strong 73 to 26 margin, and land, and his many children, step-chil- Home Rule. And I am incensed by any was then enacted into law. dren, grandchildren and step-grand- proposal that is an to the mem- Bob’s attention to North Dakota’s children. But of all the tributes I know ory of the people who have died in this veterans has paid off in greatly im- will come Colonel Hackworth’s way, I city due to gun violence—in particular proved facilities around the State. think the tribute he would appreciate the three children who have died from When Bob learned that the VA was most will be from the average soldier gun violence this year.’’ considering closing VA facilities that whose loyalty he earned in combat and Instead of interfering in local affairs were not up to current standards, he whose welfare became his life’s cause in Washington, DC, the Senate should alerted me and helped me lead the in his retirement, for he knew they are focus its energies on legislation on im- fight for a $12 million renovation at the the men and women who are out on proving the safety of the families and Fargo VA Medical Center. These ren- point securing our Nation’s freedom. communities across the Nation. The ovations, which will be finished later this year, have dramatically improved f Senate has yet to consider several com- mon sense gun safety measures during the facility for our veterans. Bob has LOCAL LAW ENFORCEMENT this Congress. Among these are pro- also been very concerned about the ENHANCEMENT ACT OF 2005 posals that would reauthorize the 1994 long travel times facing the many Mr. SMITH. Mr. President, I rise assault weapons ban, prohibit the sale North Dakota veterans who live in today to speak about the need for hate of the Five-Seven armor-piercing hand- rural areas. From his first day in the crimes legislation. Each Congress, Sen- gun, and help investigators working to office, he pushed hard to expand serv- ator KENNEDY and I introduce hate prevent attacks by terrorists using ices for rural veterans through the crimes legislation that would add new high powered weapons. I urge the Sen- Community Based Outpatient Clinics, categories to current hate crimes law, ate to take up and pass these bills to CBOCs. To date, as a result of Bob’s sending a signal that violence of any make our Nation safer. hard work, we have secured three kind is unacceptable in our society. f CBOCs at Minot, Grafton and Bis- Likewise, each Congress I have come to marck. And the VA’s CARES, Capital the floor to highlight a separate hate CONGRATULATIONS TO ROBERT Assets Realignment for Enhanced Serv- crime that has occurred in our coun- FOUST ices, Commission has approved five try. Mr. CONRAD. Mr. President, today I new clinics at Williston, Jamestown, A 35-year-old gay man was walking want to pay tribute to an exceptional Devils Lake, Grand Forks AFB, and to his Boston home when three young member of my staff who is retiring at Dickinson. Finally, Bob has had great men approached him, knocked him to the end of this month after 33 years of compassion for the most vulnerable the ground, and repeatedly kicked him service to the Senate. among our veterans—homeless vet- in the face. Although he was yelling for Bob has worked in the Senate for a erans—and has constantly looked for help and near several homes, no one period of 40 years, starting as an intern ways to help them. Most recently, he came to his aid. The perpetrators fled in the 1960s, and then working full time worked with Centre, Inc. in Fargo to and left the victim with multiple con- for Senator Claiborne Pell for 19 years shepherd through a $1.6 million grant tusions and internal bleeding in his from 1970 to 1989. After taking 2 years to renovate a facility that will house a face. Neither possessions nor money to travel the world, it was my great 48-bed shelter for homeless veterans. was stolen. good fortune that Bob volunteered to On education, he was constantly I believe that the Government’s first join my staff in the spring of 1991. looking for ways to help North Dako- duty is to defend its citizens, to defend At the time, Bob told me he was ta’s teachers, whether it was bringing them against the harms that come out looking to complete 20 years of Senate information technology to classrooms of hate. The Local Law Enforcement service. I do not think either he or I or advocating for appropriate imple- Enhancement Act is a symbol that can thought that he would be with me for mentation of the No Child Left Behind become substance. I believe that by 14 years. But I could not be more Act. Bob conceived of the Rural Edu- passing this legislation and changing pleased that Bob decided to stay. cation Achievement Program and built current law, we can change hearts and During his tenure in my office, he a coalition that helped me enact this minds as well. has worked on education, veterans, and important legislation during the 106th f international affairs issues. His work Congress. Almost 80 percent of North on all these issues has been out- Dakota school districts have 600 stu- REPEALING D.C.’S LOCAL GUN standing. On veterans and education dents or less. Under the REAP pro- SAFETY LAWS issues, in particular, he has developed a gram, small, rural school districts are Mr. LEVIN. Mr. President, legisla- long list of legislative victories both entitled to consolidate funding from tion has been introduced that would re- small and large. Federal education programs to make peal nearly every gun safety law in the Bob has a gift for seeing legislative more efficient use of the funds. In the District of Colombia. Sadly, the bill opportunities. One example I will never first 3 years of the REAP program, was introduced during the celebration forget involves the V-chip. For years, I more than 270 North Dakota schools of National Police Week and just days had heard from parents, educators, benefitted from approximately $2.7 mil- after 153 law enforcement officers who health care professionals and religious lion in funding. died in the line of duty in 2004 were leaders about their concerns regarding Bob’s commitment to education also honored at the National Law Enforce- the influence of television violence on carried over to the intern program. As ment Officers Memorial. young people. In response, Bob helped he had in Senator Pell’s office, Bob vol- The misnamed ‘‘District of Colombia me form a steering committee of inter- unteered to coordinate my Washington Personal Protection Act’’ would repeal ested individuals and organizations to intern program. Bob devoted signifi- local laws in Washington, DC that ban talk about possible approaches to help cant time and effort to ensuring that the sale and possession of unregistered shield children from gratuitous vio- interns in my office had a terrific firearms, require firearm registration, lence on television. And we developed learning experience. In fact, Bob’s ex- impose commonsense safe storage re- V-chip legislation. During the debate ample has inspired dozens of former in- quirements, and ban semiautomatic on the 1996 telecommunications bill, I terns to seek careers in public service. weapons in the District. Should this offered my amendment to require that Interns from 10, 20 and even 30 years bill become law, those who live and the V-chip be included in TVs so that ago stop by frequently just to say hello

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6010 CONGRESSIONAL RECORD — SENATE May 26, 2005 and let Bob know what they are doing also very glad that you have encouraged the generally are not discharged) out of fear of now. U.S. Trustee Program to produce additional losing medical care. But Bob’s importance to me and my data related to this issue. Like earlier stud- Lost income of a sick person (or a care- giver), which may be a major factor in med- office cannot be captured by simply ies that also used petition and schedule data to explore the role of medical debt in bank- ical-related bankruptcy. cataloguing his many accomplish- ruptcy, these data provide further evidence Debts for Chapter 13 filers, who were omit- ments. During his time working in the of the large number of families that are fac- ted from the U.S. Trustee report, but who Senate, Bob Foust has been the con- ing financial collapse following a serious also have reported a high rate of medical-re- summate professional. He stayed in medical problem. Because of limitations in lated bankruptcy. constant touch with North Dakota the data used, however, these findings also The petition data also omit data about significantly underreport both the breadth some of the most pressing questions in leaders on the issues he covered. Time health care policy debates. Petition data do after time, he would learn of a problem and impact of medical bankruptcies. The U.S. Trustee sample is limited only to not capture systematic information on in- and immediately go to work finding a Chapter 7 cases. In part because of time lost surance status, which is relevant to under- solution. If Federal services were not from work due to illness, accidents and lay- standing the range of families at risk of being delivered effectively, Bob would offs, on average, these families have an an- health-related financial disaster including work with the agency to make sure nual median income of about $19,000. This but not limited to bankruptcy. Similarly, pe- North Dakotans got the services they means that the average medical debt identi- tition data have no information on the diag- noses of the ill or injured people and the deserved. If a Federal program did not fied by the U.S. Trustee (average $5000 for those with medical debt) is quite substantial types of care and drugs they need, all of work for North Dakota, Bob would which are relevant to recognizing the mag- draft legislation to fix the problem, for many families trying to cope with med- ical problems. Earlier reports from the U.S. nitude of the problem. Because the petition data provide so little and work tirelessly until the Conrad Trustee’s Chapter 7 data and independent information about medical bankruptcy, ex- amendment was signed into law. studies are consistent with the finding that perienced empirical researchers in this field Finally, and most importantly, Bob debts owed directly to medical providers ap- Foust is an outstanding person. He has have come to realize surveying the debtors pear in a significant portion of the sampled themselves is crucial to getting accurate worked quietly and tirelessly behind cases and that the amounts can be quite sub- data. The 2001 Consumer Bankruptcy Project the scenes to make things happen, and stantial. study is the most extensive study to date on As helpful as these data may be, however, was always happy to divert all the this issue. It used written questionnaires, credit to others. He has been tremen- we are reminded that they document only a court filing data, and detailed follow-up tele- small portion of the financial difficulties fac- dously loyal, tremendously dedicated, phone interviews, a combination that offers ing families in the aftermath of serious med- a much richer understanding of how medical and a passionate advocate for the peo- ical problems. As early as 1991, researchers ple of my State. He has never forgotten problems affect family finances. The survey recognized that they could not rely on peti- instruments were designed to capture more that he is working for the American tion and schedule listings to determine the accurately the direct costs of care by asking taxpayer. And he has been a good amount of medical debt families incurred. questions about medical debts within the friend and a mentor to others on staff. Petition data, like the kind used by the Of- prior two years of filing, or since illness With extraordinary gratitude for his fice of the U.S. Trustee, exclude: onset, rather than being focused exclusively years of service, I wish Bob well as he Prescription medications, which are on what bills are identifiable as of the date charged on credit cards of the bankruptcy petition. moves on to the next stage in his life Doctors visits, rehabilitation treatments, and career. When Mr. Moschella listed all the factors and other services charged on credit cards considered in the study recently reported in f Medical supplies, crutches; needles, and Health Affairs, describing it as using ‘‘very the like that are charged on credit cards broad definitions’’ to describe medical bank- BANKRUPTCY LEGISLATION Hospital bills that are charged on credit ruptcies, he did not make it clear that we re- cards ported the range of results that reflected in- Mr. KENNEDY. Mr. President, during Second mortgages that people have put on the floor debate on the recently passed clusion or exclusion of various factors. He their homes to pay off hospital bills and thus gave the impression we lumped them all bankruptcy bill, an important letter other medical expenses together as ‘‘medical bankruptcies.’’ In fact, from a number of medical and law pro- Cash advances, bank overdrafts and payday to accommodate the variety in the ways a fessors regarding the high number of loans that people have incurred to pay for ‘‘medical bankruptcy’’ might be defined, the debtors who are forced into bankruptcy medical services when they are delivered or recent Health Affairs paper reports a range to pay off medical bills that are outstanding from 46.2% to 54.5%—for the estimated per- due to the cost of health care was dis- Third party specialty lenders that some cussed on numerous occasions. The let- centage of bankruptcy filers affected by hospitals now steer their patients toward medical problems based on the 2001 study. ter was addressed to Senator GRASSLEY when those patients are unable to pay The calculations of those numbers are ex- In addition, in our extensive work with and points out a number of the profes- plained in detail, and information is avail- court records we have observed that even sors’ concerns with the findings of the able to make other combinations. As the very sophisticated debtors do not always list U.S. Trustee Program related to med- data from additional rounds of follow-up the original creditor on an account. Studies ical debt. telephone interviews are analyzed, we will be are finding high rates of debt collector usage Since it is such a valuable document, able to offer an even more in-depth picture of among medical providers, and some collec- these families’ financial circumstances and it is important that this letter be tors may have received assignment of the the role of illness or injury. printed in the RECORD so that all peo- debt. The petition data, however, necessarily ple have access to it. Mr. President, I Again, we extend our thanks to you for en- conceal: couraging the development of additional ask unanimous consent that the letter Medical debts assigned to collectors that data relevant to medical-related bankruptcy. be printed in the RECORD. may be listed under the collectors’ or the We are prepared to assist your office in any There being no objection, the mate- collecting attorneys’ names, which may bear way to evaluate these data or to consider rial was ordered to be printed in the no medical reference whatsoever. policy changes to help families that cur- Medical debts for which the debtor has rently are devastated financially by serious Record, as follows: been sued and an attorney is now attempting acute or chronic medical problems in their FEBRUARY 14, 2005. to collect, for which the debtor lists the households. Hon. CHARLES E. GRASSLEY, name of the attorney U.S. Senate, Yours truly, The petition data also exclude other ex- Dr. David Himmelstein, Associate Pro- Washington, DC. penses that bear down on the families, in- fessor of Medicine, Harvard Medical School. DEAR SENATOR GRASSLEY: Thank you for cluding: Dr. Teresa Sullivan, Professor of Soci- distributing a copy of the letter from the Of- Medical expenses that families struggled ology, The University of Texas at Austin, fice of Legislative Affairs with the summary to pay off, bankrupting themselves in the and Executive Vice Chancellor for Academic sheet on the medical debt findings from the process by getting behind in mortgage, car Affairs, The University of Texas System. U.S. Trustee Program. Because each of us payments, and other necessary expenses. Professor Elizabeth Warren, Leo Gottlieb has devoted some years of scholarly research Direct but non-medical expenses of illness Professor of Law, . to the questions about families in financial or injury, suh as the labor and material costs Dr. Steffie Woolhandler, Associate Pro- trouble because of medical debts, we have of building a ramp onto a home to make it fessor of Medicine, Harvard Medical School. been asked to review this letter. We know wheelchair accessible, or the travel costs as- Professor Melissa Jacoby, Associate Pro- that you are deeply concerned about the sociated with transporting a critically ill fessor of Law, School of Law, University of families who file for bankruptcy in the after- child to a specialty facility. North Carolina at Chapel Hill. math of a serious medical problem, and we Debts owed to providers that patients and Dr. Deborah Thorne, Assistant Professor of are glad to help in any way we can. We are their families omit from schedules (and thus Sociology, Ohio University.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6011 Professor Jay Lawrence Westbrook, Benno Bob’s most significant legacies was his Island cultures during Asian Pacific C. Schmidt Chair of Business, University of work prompting the U.S. government American Heritage Month, we are not Texas School of Law. to make amends with Japanese Ameri- only recognizing many notable f cans who were interned during World achievements, but we are also re- ASIAN PACIFIC AMERICAN War II. It was due to Bob’s dedication minded of the struggles and sacrifices HERITAGE MONTH and perseverance that the U.S govern- endured to live and experience the ment finally issued a formal apology American dream. Mrs. FEINSTEIN. Mr. President, I for the Japanese-American internment I am pleased to take this time today rise today to pay tribute to the mil- program and also provided due com- to honor the distinguished accomplish- lions of Americans of Asian and Pacific pensation to the victims of this policy. ments of Asian Pacific Americans dur- heritage for their significant contribu- In tribute to his outstanding achieve- ing this year’s Asian Pacific American tions and service to strengthen this ments, Senator BOXER and I helped Heritage Month. great Nation, and to join the Nation in name the Federal courthouse in Bob’s celebrating Asian Pacific American hometown of Sacramento in his honor. f Heritage Month. His work and his legacy will be fondly First, I would like to take this oppor- remembered and he serves as a shining tunity to recall the pioneers of Asian example of the extraordinary achieve- BUDGET SCOREKEEPING REPORT Pacific American Heritage Month. ments of Asian and Pacific Islander Mr. GREGG. Mr. President, I hereby Through their vision and leadership, Americans. submit to the Senate the budget Frank Horton, Norman Y. Mineta, This year, the Asian American com- scorekeeping report prepared by the DANIEL INOUYE, and Spark Matsunaga munity also saw the passing of the Congressional Budget Office under Sec- successfully empowered Asian and Pa- civil rights leader, Fred Korematsu. tion 308(b) and in aid of Section 311 of cific Islander Americans by estab- Mr. Korematsu’s defiance of the ill- the Congressional Budget Act of 1974, lishing a period of celebration that rec- conceived Japanese internment policy as amended. This report meets the re- ognized the many contributions Asian during World War II was an incredibly quirements for Senate scorekeeping of and Pacific Islanders have made for courageous act. His challenge of the Section 5 of S. Con. Res. 32, the First over a century. Japanese internment policy made its Concurrent Resolution on the Budget They chose May to commemorate way to the U.S. Supreme Court, the for 1986. Asian Pacific Heritage Month because highest court in the land. In recogni- This report shows the effects of con- that is when the first Japanese immi- tion of his courageous actions, Presi- gressional action on the 2005 budget grants came to the United States in dent Clinton awarded Mr. Korematsu through May 25, 2005. The estimates of 1843. It is also the anniversary of the the highest civilian honor, the Presi- budget authority, outlays, and reve- completion of the transcontinental dential Medal of Freedom, in 1998. nues are consistent with the technical railroad in 1869. Mr. Korematsu and Bob Matsui are and economic assumptions of the 2006 This year’s theme for Asian Pacific testaments to the remarkable display Concurrent Resolution on the Budget, American Heritage Month, ‘‘Liberty of courage, will, and determination of H. Con. Res. 95. and Freedom for All,’’ honors the re- millions of Asian Americans to succeed The estimates show that current markable accomplishments Asians and in our country despite personal hard- level spending is under the budget reso- Pacific Islanders from all walks of life ships and at times, discrimination. lution by $5.106 billion in budget au- have made to their communities. Currently, Asian Pacific Islander thority and by $72 million in outlays in I want to pay particular tribute to Americans constitute one of the fastest 2005. Current level for revenues is $407 the thousands of Asian Americans serv- growing minority communities in the million above the budget resolution in United States, and I am proud to recog- ing in our armed forces and thank 2005. nize the State of California as home to them for their invaluable service for This is my first report for fiscal 2005 the greatest number of Asian Pacific defending our country and securing and I ask unanimous consent to have it Islander Americans. There are over 13 freedom abroad. printed with the RECORD corrections to million Asian Pacific Islander Ameri- The Asian American tradition of U.S. the Senate Committee Allocation ta- cans in the nation with more than 4.5 military service can be traced back as bles published on pages 88 and 89 of far as the War of 1812, and our country million living in California. With this wealth of Asian American House Report 109–62, the Report to ac- is grateful for the military service of diversity, our State is enriched by company H. Con. Res. 95, the Concur- more than 300,000 Asian Pacific Amer- many famous ethnic enclaves such as rent Resolution on the Budget for Fis- ican veterans. San Francisco’s Chinatown, West- cal Year 2006. The allocation amounts We are particularly indebted to the minster’s Little Saigon, and the City of for the Finance Committee contained famous ‘‘Go for Broke’’ 442nd regi- Artesia’s Little India. In fact, the sec- small numerical errors. The tables dis- mental combat team of Japanese ond largest populations of Filipino, Ko- play the corrected Senate Committee American soldiers of World War II. The rean, and Vietnamese in the world are allocations. 442nd regiment was the most highly located in California. There being no objection, the mate- decorated unit in American military In this congressional session, I am rial was ordered to be printed in the history—with more than 21 Medal of hoping to help preserve some of the RECORD, as follows: Honor winners, including my dear col- unique Asian American immigration CONGRESSIONAL BUDGET OFFICE, league, U.S. Senator INOUYE. history in my State. Senator BOXER Washington, DC, May 26, 2005. In spite of the discrimination and and I have introduced legislation to Hon. JUDD GREGG, racism of those tumultuous times, help provide Federal funding for the Chairman, Committee on the Budget, U.S. Sen- ate, Washington, DC. these Asian American service members Angel Island Immigration Station, DEAR MR. CHAIRMAN: The enclosed tables performed above and beyond the call of known as the ‘‘Ellis Island of the duty. show the effect of Congressional action on West.’’ the 2005 budget and are current through May I also want to take a moment and The Angel Island Immigration Sta- 25, 2005. This report is submitted under sec- honor the memory of one of the Asian tion, a national historic landmark, was tion 308(b) and in aid of section 311 of the American community’s greatest polit- the entry point for over 1 million im- Congressional Budget Act, as amended. ical leaders and a trusted colleague of migrants from 1910–1940, including ap- The estimates of budget authority, out- mine, U.S. Representative Robert Mat- proximately 175,000 Chinese immi- lays, and revenues are consistent with the sui. grants. Angel Island is a precious part technical and economic assumptions for fis- As a youth, Bob Matsui and his fam- of our Nation’s history and tells the cal year 2005 that underlie H. Con. Res. 95, ily were interned at Tule Lake Camp the Concurrent Resolution on the Budget for story of many people who came to Fiscal Year 2006. This is my first report for for more than three years during World America to make a better life for their fiscal year 2005. War II, but Bob overcame these chal- families. Sincerely, lenges to go on and pursue a distin- As we join the Nation in celebrating ELIZABETH M. ROBINSON guished career in public service. One of the rich and diverse Asian and Pacific (For Douglas Holtz-Eakin, Director).

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6012 CONGRESSIONAL RECORD — SENATE May 26, 2005 TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- 2 Current level is the estimated effect on revenue and spending of all leg- islation that the Congress has enacted or sent to the President for his ap- ING AND REVENUES FOR FISCAL YEAR 2005, AS OF ING AND REVENUES FOR FISCAL YEAR 2005, AS OF proval. In addition, full-year funding estimates under current law are in- MAY 25, 2005 MAY 25, 2005—Continued cluded for entitlement and mandatory programs requiring annual appropria- tions even if the appropriations have not been made. [In billions of dollars] [In billions of dollars] Source: Congressional Budget Office. Current Current Budget Current level over/ Budget Current level over/ resolution 1 level 2 under (¥) resolution 1 level 2 under (¥) resolution resolution

On-budget: Social Security Revenues 573.5 573.5 0 Budget Authority ...... 1,996.6 1,991.5 ¥5.1 Outlays ...... 2,023.9 2,023.9 ¥0.1 1 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year Revenues ...... 1,483.7 1,484.1 0.4 2006, assumed the enactment of emergency supplemental appropriations for Off-budget: fiscal year 2005, in the amount of $81,811 million in budget authority and Social Security Outlays ... 398.1 398.1 0 $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropria- tions in P.L. 109–13 (see footnote 2 of Table 2), the amounts specified in the budget resolution have also been reduced for purposes of comparison. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF MAY 25, 2005 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in Previous Sessions: 1 Revenues ...... n.a. n.a. 1,484,024 Permanents and other spending legislation ...... 1,109,476 1,070,500 n.a. Appropriation legislation ...... 1,298,963 1,369,221 n.a. Offsetting receipts ...... ¥415,912 ¥415,912 n.a. Total, enacted in previous sessions ...... 1,992,527 2,023,809 1,484,024 Enacted This Session: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) 2 ...... ¥1,058 4 41 Total Current Level 2, 3 ...... 1,991,469 2,023,813 1,484,065 Total Budget Resolution ...... 2,078,456 2,056,006 1,483,658 Adjustment to budget resolution for emergency requirements 4 ...... ¥81,881 ¥32,121 n.a. Adjusted Budget Resolution ...... 1,996,575 2,023,885 1,483,658 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 407 Current Level Under Adjusted Budget Resolution ...... 5,106 72 n.a. Notes: n.a. = not applicable; P.L. = Public Law 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes $83,140 million in budget authority and $33,034 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. 4 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2005, in the amount of $81,811 million in budget authority and $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropriations in P.L. 109–13 (see footnote 2), the amounts specified in the budget resolution have also been reduced for purposes of comparison. Source: Congressional Budget Office.

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2005 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget authority Outlays Budget authority Outlays

Appropriations: General Purpose Discretionary ...... 840.036 929.520 Memo: on-budget ...... 835.610 925.115 off-budget ...... 4.426 4.405 Agriculture, Nutrition, and Forestry ...... 25.258 25.148 71.954 49.563 Armed Services ...... 85.351 85.240 0.041 0.061 Banking, Housing and Urban Affairs ...... 14.779 6.052 0.000 ¥0.047 Commerce, Science, and Transportation ...... 13.635 8.218 1.082 0.889 Energy and Natural Resources ...... 5.124 3.922 0.004 0.005 Environment and Public Works ...... 39.395 2.056 0.000 0.000 Finance ...... 820.964 821.356 350.443 350.266 Foreign Relations ...... 10.785 11.054 0.172 0.172 Homeland Security and Governmental Affairs ...... 71.750 70.621 18.219 18.219 Judiciary ...... 6.009 6.076 0.578 0.564 Health, Education, Labor, and Pensions ...... 13.952 13.946 3.988 3.889 Rules and Administration ...... 0.076 0.019 0.113 0.112 Intelligence ...... 0.000 0.000 0.239 0.239 Veterans’ Affairs ...... 2.161 2.190 36.996 36.924 Indian Affairs ...... 0.555 0.562 0.000 0.000 Small Business ...... 1.702 1.702 0.000 0.000 Unassigned to Committee ...... ¥434.360 ¥420.248 0.000 0.000 Total ...... 677.136 637.914 483.829 460.856

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2006 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget Authority Outlays

Appropriations: General Purpose Discretionary ...... 842.265 916.081 Memo: on-budget ...... 837.689 911.494 off-budget ...... 4.576 4.587 Agriculture, Nutrition, and Forestry ...... 25.721 25.061 69.535 50.456 Armed Services ...... 91.206 91.125 0.040 0.060 Banking, Housing and Urban Affairs ...... 13.507 2.957 0.000 ¥0.014 Commerce, Science, and Transportation ...... 13.078 7.575 0.928 0.921 Energy and Natural Resources ...... 4.600 4.135 0.054 0.060 Environment and Public Works ...... 39.389 2.154 0.000 0.000 Finance ...... 921.388 923.342 401.199 401.160 Foreign Relations ...... 11.532 11.939 0.174 0.174 Homeland Security and Governmental Affairs ...... 74.698 71.791 18.611 18.611 Judiciary ...... 7.387 6.528 0.580 0.592 Health, Education, Labor, and Pensions ...... 13.180 11.578 4.100 3.979 Rules and Administration ...... 0.072 0.015 0.118 0.117

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6013 SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2006—Continued [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget Authority Outlays

Intelligence ...... 0.000 0.000 0.245 0.245 Veterans’ Affairs ...... 1.293 1.353 36.198 36.108 Indian Affairs ...... 0.559 0.547 0.000 0.000 Small Business ...... 0.000 0.000 0.000 0.000 Unassigned to Committee ...... ¥496.329 ¥484.403 0.000 0.000 Total ...... 721.281 675.697 531.782 512.469

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—5-YEAR TOTAL: 2006–2010 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget authority Outlays

Agriculture, Nutrition, and Forestry ...... 111.747 111.108 341.876 260.136 Armed Services ...... 494.585 494.199 0.200 0.270 Banking, Housing and Urban Affairs ...... 74.258 9.668 0.000 ¥0.028 Commerce, Science, and Transportation ...... 68.875 40.886 5.076 5.054 Energy and Natural Resources ...... 19.461 18.898 0.268 0.277 Environment and Public Works ...... 180.812 9.994 0.000 0.000 Finance ...... 5515.613 5527.427 2424.576 2423.728 Foreign Relations ...... 63.726 60.966 0.794 0.794 Homeland Security and Governmental Affairs ...... 402.936 387.261 99.879 99.879 Judiciary ...... 32.071 31.766 2.941 2.979 Health, Education, Labor, and Pensions ...... 68.205 62.245 21.289 20.734 Rules and Administration ...... 0.366 0.323 0.640 0.639 Intelligence ...... 0.000 0.000 1.314 1.314 Veterans’ Affairs ...... 6.327 6.498 185.814 185.182 Indian Affairs ...... 2.555 2.682 0.000 0.000 Small Business ...... 0.000 0.000 0.000 0.000

SAN JUAN NATIONAL FOREST minerals, oil and gas, grazing pastures, spent 14 of her 19 years of life in foster CENTENNIAL MONTH recreation, clean water and air and care, was asked by a Member of Con- Mr. SALAZAR. Mr. President, I rise other natural resources. gress what the word ‘‘permanency’’ today in recognition of one of our great All of these amenities offered by the meant to her. She said, ‘‘many people national treasures. Next week, while San Juan National Forest are impor- in the system wrongly think that per- the Senate is in recess, we will cele- tant to the quality of life and economic manency means staying in one place brate 100 years of the San Juan Na- well being of southwestern Coloradans; for a long time, but to me, permanency tional Forest in my great State of Col- this has been the case for the past 100 means having someone to call when I orado. The people of southwestern Col- years, it is the case today, and hope- am not sure if I should wash my new orado will be celebrating this anniver- fully will be true for the next 100 years. white skirt with a blue shirt, or to sary, as they should. I rise to under- I urge all citizens of Colorado and our take me to Karate lessons, or to cry score that I believe all Americans Nation to join in the centennial cele- with me when I break up with my boy- should celebrate this important mile- bration of the San Juan National For- friend.’’ stone. est through the many activities sched- For those of us who have had that The San Juan National Forest was uled for June 1–4, 2005, to celebrate this kind of permanency in our lives, living created 100 years ago on June 3, 1905, special place and show appreciation for without it seems unfathomable. But through Presidential proclamation by our national forests. the fact remains that each year, over President Theodore Roosevelt. When Finally, this year also marks the 100,000 children in the United States you see it, you know why President centennial of the U.S. Forest Service, are dreaming of that kind of perma- Roosevelt set aside this remarkable the Federal agency which manages the nency, 25,000 children leave the foster place. It is located in southwestern San Juan and 154 other National For- care system without ever having found Colorado on the western slope of the ests across our country. I want to it, and almost 600,000 go to bed every Continental Divide in one of America’s thank the dedicated men and women of night wondering if they ever will find most magnificent landscapes. The San our Forest Service for their extraor- it. Every child deserves the oppor- Juan covers nearly 2 million acres, in dinary work and continued commit- tunity to be in a loving family where an area more than 120 miles wide and ment to our precious lands. they are nurtured, comforted, and pro- 60 miles long. This unique scene in- f tected. Adoption gives children who cludes alpine lakes, canyons, rapids, have been abandoned, orphaned, or NATIONAL FOSTER CARE MONTH waterfalls, historic mines, and broad abused a second chance to find happi- variations in elevation including Ms. LANDRIEU. Mr. President, today ness in a secure and supportive family. mountain peaks of over 14,000 feet high. I rise to bring your attention to Na- Over the past decade, the number of Not only is it beautiful, but its rich tional Foster Care Month. As we cele- children being adopted has risen dra- history is deeply intertwined with the brate this National Foster Care Month, matically, and according to the 2000 history of this great country. The San we must remember how far we have Census Special Report, over 2 million Juan was originally the homeland of come, we must also remember how far children today live in adoptive homes. the Ute Indians as well as an area that we still have to go. In my 27 years as a In the last year alone, over 6,500 chil- was frequented by the Navajo and public servant, I have had the oppor- dren have been listed on the web page Apache Tribes as well. Many pioneers tunity to meet thousands of children in of Adopt US Kids and 1,500 of these who were looking for routes to the foster care. I have personally witnessed children have found families through West traveled through the San Juan. the sheer joy they find in having a this process. Some of these individuals remained ‘‘forever family,’’ and the utter pain In closing, I would like to share with there establishing mining sites which when they do not. I firmly believe that you something said in the award win- contributed to development and a there is no such thing as an unwanted ning book, There Are No Children Here, growing community. child, merely unfound families. Let me about foster care children. ‘‘By the The San Juan National Forest bene- tell you a story about one of these ex- time they enter adolescence, they have fits the communities of southwestern traordinary children. A few years ago, contended with more terror than most Colorado through the supply of timber, a young woman named Sarah, who of us confront in a lifetime. They have

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6014 CONGRESSIONAL RECORD — SENATE May 26, 2005 had to make choices that most experi- Wednesday morning, the HELP Com- prescription drug monitoring pro- enced and educated adults would find mittee unanimously passed S. 518, the grams. In general, monitoring pro- difficult. They have lived with fear and National All Schedules Prescription grams collect, from dispensers, a basic witnessed death. Some of them have Electronic Reporting Act, a bill de- set of information on prescriptions lashed out. They have joined gangs, signed to help states combat the grow- that are issued for controlled sub- sold drugs, and, in some cases, inflicted ing scourge of prescription drug abuse stances. In the most effective pro- pain on others. But they have played and diversion. grams, providers, including physicians baseball and gone on dates and shot I begin by thanking Senator ENZI, and pharmacists, may request the pre- marbles and kept diaries. For, despite our chairman, for his excellent support scription histories of their patients, all they have seen and done, they are— in bringing this bill, the National All permitting them to avoid providing and we must constantly remind our- Schedules Prescription Electronic Re- controlled substances to ‘‘doctor shop- selves of this—still children.’’ porting Act, before the committee for pers’’ seeking multiple prescriptions to During National Foster Care Month, consideration. I also thank and com- feed addiction or for diversion to the I encourage you to log on to mend the bill’s original cosponsors, black market. www.adoptuskids.org to learn more Senators KENNEDY, DURBIN, and DODD, These monitoring programs, appro- about the children who are waiting in and their staffs, for contributing to the priately designed, not only help our country and across the Nation for productive, bipartisan process of devel- healthcare providers to better deliver the safe, loving home they deserve. As oping this legislation. appropriate, effective treatment of Mistral said, ‘‘Many things we need can The abuse and diversion of prescrip- pain and other conditions that require wait, the child cannot. To him we can- tion drugs is a tremendous public the use of ‘‘scheduled’’ drugs, but also not say tomorrow. His name is today.’’ health issue for our nation, and a grow- provide an important tool that permits doctors to identify and, if appropriate, f ing one. An epidemic that first at- tracted public notice as a regional cri- refer for treatment patients whose pre- RESIGNATION OF FTC sis has now spread to touch every kind scription history suggests that they COMMISSIONER ORSON SWINDLE of community, from major cities to the are at high risk of addiction. In addition, they offer an oppor- Mr. MCCAIN. Mr. President, after smallest rural hamlet. Prescription tunity to repair the physician-patient over 7 years of service, Orson Swindle drugs now rank second only to mari- relationship in the face of a growing announced today his resignation as juana in the incidence of abuse. Over 31 addiction problem that has created an Commissioner of the Federal Trade million American adults and adoles- atmosphere in which physicians fear Commission. Mr. Swindle has been cents have, at one time, abused pain re- that prescribing ‘‘high risk’’ medica- dedicated to protecting the interests of lievers, and the number of first-time tions could inadvertently injure pa- the American consumer by promoting abusers has increased 336 percent since tients or lead to civil or criminal li- competition and fairness in the mar- 1990. ability or professional discipline. This ketplace. He will be sorely missed. As appalling as the numbers are, we situation has created yet another class Mr. Swindle’s accomplishments at can not permit them to obscure the of victims, patients who are finding it the FTC have been numerous, but his human tragedy of drug abuse and de- too difficult to obtain timely, effective efforts to promote the vigorous devel- pendence, or the toll that drug diver- treatment for pain and other legiti- opment of the Internet and technology sion takes on communities. In the case mate medical needs. Much to their generally have been particularly im- of individuals who become addicted to credit, physicians have recognized the portant to our Nation’s economy. His prescription medications, the addicted tremendous potential here and have too often fall from the productive service with the Commission started been the leading advocates for national ranks of society into unemployment, shortly after the birth of electronic legislation supporting the broader commerce, and it was thanks in part to disability, hospitalization, or even adoption of well-designed prescription Mr. Swindle’s efforts to keep the Inter- death. They may be drawn into crimi- drug monitoring programs. net free of over-regulation that it is nal activities that lead to incarcer- I would like to particularly commend now such a robust and widely-used me- ation. Their families and communities the American Society of Interventional dium of communication, commerce, suffer along with them. Those who en- Pain Physicians, and Dr. Laxmaiah education, and political participation. gage in drug diversion feed an insidious Manchikanti, their CEO, for the tre- All the while, Mr. Swindle has focused black market that makes dangerous mendous effort they have put forth to his efforts on educating consumers drugs available to children, as well as educate members and the public re- about the new online world in order to adults. On a societal level, taxpayers garding the need for this legislation. build their confidence in and knowl- bear much of the expense of abused or ASIPP has, in recent days, been joined edge of the Internet. He has also en- illegally diverted drugs, and, subse- in their strong advocacy for the sured that industry understands the quently, of treating the medical con- NASPER bill by the American Society need to self-regulate effectively or face sequences of misuse and addiction. of Anesthesiology and the American the credible threat of Government in- I find particularly concerning the re- Osteopathic Association, and I expect terference and aggressive enforcement. cent Partnership for a Drug-Free that others will soon follow. Those I commend Mr. Swindle and thank America finding that prescription physicians who have stepped forward to him for his outstanding service to this medications are emerging as the most advocate for a balanced and effective country, and I deeply hope that he will rapidly growing category of drugs solution to this problem are truly act- continue to build on his long and dis- abused by America’s teenagers. Accord- ing in a manner consistent with the tinguished career as a public servant. ing to this national study, released highest ideals of the medical profes- Our Nation benefits greatly from the April 21st, approximately one in five sion. work of individuals such as Orson teenagers—that is over 4 million kids The bill we are considering today, Swindle, whom I am proud to call my nationally—has abused prescription National All Schedules Prescription friend. He stands as an example for us painkillers, and 37 percent report that Electronic Reporting Act, establishes a all of commitment, achievement, and close friends have done so. Another 10 federal grant program, to be adminis- sacrifice on behalf of our Nation. percent of teens have abused prescrip- tered by the Department of Health and f tion stimulants, such as Ritalin. Sur- Human Services, that would support veys show that this dismal pattern is both the creation of new state pro- THE NATIONAL ALL SCHEDULES driven by, according to teens’ own as- grams and the improvement of existing PRESCRIPTION ELECTRONIC RE- sessment, ease of access. ones. Participating programs would be PORTING ACT The establishment, by the states, of designed according to a ‘‘best prac- Mr. SESSIONS. Mr. President, I take programs to monitor prescriptions for tices’’ model, and would adopt applica- a moment to bring attention to an im- controlled substances can help curb in- ble health information technology portant step that was taken yesterday appropriate, illegal access to these po- standards. in the Senate Committee on Health, tentially dangerous drugs. At the It also addresses the important bar- Education, Labor, and Pensions. On present time, 20 states have operating riers that continue to hamper the full

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6015 realization of these programs’ poten- cation in elementary and secondary and Rehabilitative Services supported tial: the fact that there are not enough schools in the Middle East. Civic edu- the training of deaf actors in the show, of them, and in a time when patients cators in Jordan, Egypt, the West allowed the production to reach na- regularly cross state lines seeking Bank, Lebanon, Tunisia, Morocco, Al- tional audiences through touring, and treatment, existing program can not geria, Yemen, Bahrain, and recently helped to fund educational outreach. yet effectively share information Saudi Arabia, work with the Center for I understand that our distinguished across state lines. Civic Education through Arab Civitas. majority leader, Senator FRIST, re- This bill provides states with the re- The goal of the program is to help stu- cently saw the production, and was as sources and guidance they need to dents understand and respect the core dazzled by it as I was. So I encourage make important progress toward mini- concepts of freedom and democracy all of our colleagues, their families, mizing the abuse and diversion of pre- such as free expression, pluralism and and staffs to go see Big River, which scription medications while ensuring the rule of law, and human rights. will be at Ford’s Theater until June 4. patients’ access to timely, effective As the chairman of the Senate Com- And I also encourage my colleagues to treatment, and I urge you to join us in mittee on Foreign Relations Sub- join with me in working to restore supporting it. committee on Near Eastern and South funding to keep Deaf West’s work alive f Asian Affairs, it is my strong belief for audiences in the future.∑ that many of the conflicts and prob- f ADDITIONAL STATEMENTS lems in the world, and particularly in HONORING NEW IBERIA MAIN the Middle East, could be lessened by STREET NINTH ANNUAL WORLD CONGRESS strong investments in education. I am ∑ Ms. LANDRIEU. Mr. President, today IN AMMAN, JORDAN particularly supportive of education programs which seek to improve toler- I rise to honor a city from my home ∑ Mr. CHAFEE. Mr. President, next ance and understanding of others. State of Louisiana and am delighted to week, from June 2–6, 2005, the Center Thus, the theme of this year’s congress recognize its achievement before this for Civic Education will host the Ninth is of particular interest to me: Advanc- body. Annual World Congress on Civic Edu- ing Peace and Stability through Active The City of New Iberia, LA, was re- cation in Amman, Jordan. Nearly 200 Citizenship. cently selected by The National Trust civic education leaders will attend this Mr. President, I think we can all for Historic Preservation to receive a event, representing 58 countries and 28 agree that this is exciting work that 2005 Great American Main Street U.S. States. the Center for Civic Education is ac- Award. New Iberia won this prestigious The purpose of the World Congress is complishing. Its work in strengthening award because of its successful down- to share information about the best democracy, and promoting tolerance town revitalization. In addition to practices and materials developed and moderation, in the United States being recognized as one of only five through Civitas: An International Civic and throughout the world, is admi- winning communities nationwide, New Education Exchange Program, an au- rable. I hope and expect the attendees Iberia is the only community in Lou- thorized program of the No Child Left will have a successful Ninth Annual isiana to ever receive this distinction. Behind Act. The program addresses the World Congress on Civic Education.∑ As a champion of sustainable and qual- full range of civic education activities. f ity community development, I can per- These include the development of edu- sonally attest to this well-deserved cational policy, standards, curricular DEAF WEST THEATER honor. New Iberia’s Main Street cre- frameworks, and materials, as well as PRODUCTION OF ‘‘BIG RIVER’’ ates a unique sense of place through teacher education, classroom imple- ∑ Mr. HARKIN. Mr. President, I re- the beauty of its architecture, land- mentation, and research and evalua- cently had the pleasure of attending a scaping, and natural integration with tion. truly unique theater production at Bayou Teche. The residents of New Ibe- One program developed through Ford’s Theater—a production that is a ria identify with this special place, and Civitas is Project Citizen, a middle testament to the Positive impact of it contributes to the quality of life and school level program on public policy Federal funding of the arts. The Deaf sense of community pride shared by in the United States. Project Citizen is West Theater production of Big River: them. now being used in more than fifty The Adventures of Huckleberry Finn, Founded in 1779, New Iberia was a countries, and is one of the most effec- in conjunction with the Roundabout prosperous antebellum community tive programs in promoting the devel- Theater Company and the Mark Taper that matured into a modern city. By opment of a political culture sup- Forum, utilizes American Sign Lan- the mid 1960s, New Iberia’s Main Street portive of democratic values, prin- guage and a cast of hearing and deaf began experiencing decline typical of ciples, institutions, and participation. actors working seamlessly together to, many communities in the United Another important component of tell this classic Mark Twain story. The States at that time. Recognizing the Civitas is the series of exchanges exceptional quality of this production role of Main Street in the life of a com- among leaders in civic education in the was recognized with a 2004 Tony Honor munity, New Iberia’s business leaders, United States and those in emerging for Excellence in the Theater. elected officials, and citizens started a and established democracies world- This production of Big River is a su- progressive downtown revitalization ef- wide. The purpose of the exchanges is perb example of how the performing fort known as Operation Impact in the for civic education leaders to learn arts can lead by example, in this case, early 1970s. This focus on Main Street from and assist each other in improv- by offering a dramatic example of peo- continued, and in the 1990s, New Iberia ing education for democracy in their ple who bridge the gap between the further enhanced its efforts by initi- home nations. deaf and hearing communities. Deaf ating an officially designated Main Therefore, I think it is an important and hearing actors are an integral part Street Program. The unified commit- step that for the first time the World of the show. Deaf and hearing audi- ment, hard work, and enthusiasm of Congress on Civic Education will be ences have an equal opportunity to the people of New Iberia over nearly 40 hosted in the Middle East. Joining the enjoy the production. And the perspec- years has reestablished their downtown Center for Civic Education in hosting tive of deaf culture is seamlessly inte- as a vibrant nucleus of culture, com- this year’s World Congress is Arab grated into the performance. merce, and tourism. It has also fit- Civitas—a regional network of nine Federal funding was critical in tingly earned them national acclaim. Arab countries in the Middle East—and achieving these important goals. Au- In the few years since the Main the Jordanian Center for Civic Edu- thorization for grant funding of deaf Street Program began in New Iberia, cation Studies. theater has been in Federal law, in one the city has seen over 115 new busi- Arab Civitas, which is funded form or another, since 1967. In the case nesses established, over 420 new jobs through the Middle East Partnership of the current production of Big River, created, and more than $19 million in Initiative at the State Department, ad- grants from the U.S. Department of private investment with total invest- ministers a program of citizenship edu- Education’s Office of Special Education ment exceeding $24 million.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6016 CONGRESSIONAL RECORD — SENATE May 26, 2005 Downtown development and Main ceived, Monsignor Milewski was hon- nicator and manager, Charlie assem- Street revitalization efforts have con- ored to have the Pope visit the 120-acre bled a terrific team to promote the ini- tributed significantly to building safer Orchard Lake Schools campus in 1969. tiatives of the new department and to communities, stronger economies, and Of that visit, Monsignor said, ‘‘From protect and restore the quality of better quality of life across America. that point on, I really got to know Maryland’s air, water, and land re- New Iberia, LA, is a superb example of what a great man he was and what a sources. Charlie and his team set a how these cooperative efforts can im- tremendous memory he had.’’ He re- standard for outreach and responsive- prove communities. Today, I give the calls how the Pope once remarked that ness that few, if any, agencies have people of New Iberia my thanks and the seminary at Orchard Lakes was the been able to match. He served in this praise.∑ most beautiful Polish seminary in the position until 1991 when he was re- f world. The campus includes the John cruited, as government affairs officer Paul II center, a museum of artifacts for the Baltimore District, U.S. Army RECOGNITION OF THE 50TH ANNI- and photos. Corps of Engineers, to help the district VERSARY OF THE ORDINATION I know my colleagues join me in con- restore relations and responsiveness OF REV. MONSIGNOR STANLEY gratulating Monsignor Milewski on his with the Congress and other levels of E. MILEWSKI faithfulness to his calling and on his government. Over the past 14 years, ∑ Mr. LEVIN. Mr. President, I would many achievements in the pastoral Charlie has been a trusted adviser to like to call my colleagues’ attention to ministry. I am pleased to express my six district engineers, and the principal plans to honor a distinguished religious sincere appreciation to him on his 50th point of contact for Members of Con- leader in Michigan, Monsignor Stanley anniversary and to wish him many gress and our staffs from the Five Milewski. Monsignor Milewski will be more years of good health and happi- States and the District of Columbia, honored at a special service of thanks- ness.∑ which encompass the Baltimore Dis- giving followed by a dinner reception f trict’s jurisdiction. on Sunday, June 5, 2005, on the St. With his in-depth knowledge, polit- TRIBUTE TO CHARLIE WALKER Mary’s Orchard Lake Schools campus. ical astuteness, and a dedication to The tribute will mark his 50th anniver- ∑ Mr. SARBANES. Mr. President, I public service that is second to none, sary as a Polish-American diocesan want to pay tribute today to an out- Charlie has remained a constant force priest. standing public servant, educator, and in moving the Army Corps of Engi- Since his ordination into the priest- communicator, Charlie Walker. Charlie neers’ programs and services forward. hood on June 4, 1955, by Cardinal Ed- is retiring after a distinguished 40-year He is well known, widely respected, and ward Mooney in Detroit, Monsignor career in teaching and government well liked, not only among the staff at Milewski has been an important part of service at the local, State and Federal the Baltimore District but throughout the history of the Polish pastoral min- levels, most recently as director of the U.S. Army Corps of Engineers and istry in Michigan and in the United government affairs for the Baltimore beyond. He is the core of the Corps. His States. Monsignor Milewski has earned District, U.S. Army Corps of Engineers. advice is constantly sought for improv- the respect and admiration of people I extend my personal congratulations ing communications and relations with throughout Michigan and across the and thanks for his many years of dedi- the press, the public and with elected United States, and is especially ad- cated service and contributions to the officials at all levels of government. mired by the approximately three- American people. Over the years, he has inspired great quarters of a million people of Polish Born in Charleston, WV, Charlie loyalty in the members of the Balti- descent who are part of the Arch- spent much of his youth and career in more District staff and affection from diocese of Detroit, because of his devo- Baltimore, MD. He was a graduate of the countless others with whom he has tion to service and confident leadership Clifton Park Junior High and Balti- worked. He will be sorely missed by through years of ministry. more’s City College, one of the oldest those of us who have had the pleasure Born in Detroit to Polish immigrants and finest public high schools in the of working with him. on November 30, 1929, Monsignor country. He won scholarships to Tow- Throughout the course of his career, Milewski received his primary and sec- son State Teachers College, now Tow- Charlie has received numerous honors ondary education in Catholic parochial son University, where he excelled aca- including the Commander’s Award for schools in Detroit. He earned his un- demically and in his extracurricular Civil Service, Governor’s Salute to Ex- dergraduate degree from St. Mary’s activities, selected to serve not only as cellence Award, and the Maryland De- College of Orchard Lake and completed president of the Phi Alpha Theta Hon- partment of the Environment Award graduate studies at St. John’s Provin- orary Society in history but also as a for Outstanding Public Service. In ad- cial Seminary in Plymouth, MI, and at manager of three sports teams—soccer, dition to his public service, Charlie has SS. Cyril and Methodius Seminary in wrestling, and track. Upon graduation volunteered a great deal of time and Orchard Lake. SS. Cyril and Methodius in 1963, Charlie taught for 3 years in energy serving on the numerous orga- Seminary enjoys the distinction of Baltimore’s secondary schools and then nizations, including the Phi Alpha being the only Polish seminary in the enrolled in West Virginia University to Theta History Society, the Society of United States and was founded in De- earn a master’s degree in history. In American Military Engineers, and the troit in 1885. Monsignor Milewski was 1966, Charlie enlisted in the U.S. Army Baltimore Council on Foreign Affairs. awarded an honorary doctorate degree and served for a 3-year period in Viet- It is my firm conviction that public from Alliance College in Pennsylvania nam and at the Walter Reed Army service and teaching are among the and an honorary doctorate of theology Medical Center. He returned to West most honorable callings. They demand degree from Madonna University in Virginia University to obtain a Ph.D. the very best, most dedicated efforts of Livonia, MI. He was later appointed to in history, and worked in various and those who have the opportunity to the faculty of the Orchard Lake progressively responsible positions in serve their fellow citizens. Throughout Schools in January 1957, and his re- local, State and Federal Government, his career Charlie Walker has exempli- sponsibilities have included procu- including service as an historian and fied a steadfast commitment to meet- rator-treasurer, teacher, athletic direc- public affairs officer with the U.S. ing this demand. I want to extend my tor, and vice rector. He served as chan- Army Corps of Engineers, an aide to personal congratulations and thanks cellor of the Lake Orchard Schools the mayor of Baltimore and a research for his many years of hard work and from 1977 to 2000. analyst with the Library of Congress. dedication and wish him well in the Monsignor Milewski’s appointments In 1987, Charlie Walker was tapped to years ahead.∑ include the Prelate of Honor of His Ho- lead the public affairs office of the f liness John Paul II on March 20, 1990, newly established Maryland Depart- Honorary Canon of the Diocese of ment of the Environment, and it was in TRIBUTE TO JESSIE HALE DOWNS Plock, and Honorary Canon of the Dio- this position that I first had the oppor- ∑ Mr. SESSIONS. Today, with a great cese of Lomza. In addition to the many tunity and privilege of working closely sense of honor and respect, I rise to pay recognitions and awards he has re- with Charlie. A highly skilled commu- tribute to Mrs. Jessie Hale Downs for

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6017 her humane and charitable service to great pleasure that I offer my con- H.R. 2566. An act to provide an extension of the city of Birmingham, AL. gratulations to these two men not only highway, highway safety, motor carrier safe- In 1944, Mrs. Hale and her husband, for their admirable achievements but ty, transit, and other programs funded out of Jimmie Hale, cofounded the Downtown also for the great name that they bring the Highway Trust Fund pending enactment ∑ of a law reauthorizing the Transportation Jimmie Hale Mission in Birmingham. to the State of South Dakota. Equity Act for the 21st Century. These two individuals founded this f mission to help rescue scores of indi- At 4:16 p.m., a message from the viduals from homelessness and addic- HONORING THE ACCOMPLISH- MENTS OF MR. MATTH TOEBBEN House of Representatives, delivered by tion. On November 17, 1944, Jimmie Mr. Hays, one of its reading clerks, an- Hale died, leaving his young wife wid- ∑ Mr. BUNNING. Mr. President, I pay nounced that the House has agreed to owed and expecting their first daughter tribute and congratulate Mr. Matth the following concurrent resolution, in in January of 1945. Toebben of Northern Kentucky, who which it requests the concurrence of The death of her husband left her was recently honored with one of the the Senate: with nothing, so Mrs. Hale was taken ‘‘Movers and Shakers’’ awards for the H. Con. Res. 167. Concurrent resolution in by a friend, and 2 months later she Greater Cincinnati area. Mr. Toebben’s providing for a conditional adjournment of gave birth to a daughter. Later, Jessie life accomplishments and dedication to the House of Representatives and a condi- married a man who had been aided by Commonwealth of Kentucky have tional recess or adjournment of the Senate. the Jimmie Hale Mission, Joe Downs. given me reason to be proud. Unfortunately, he never overcame his I believe Mr. Toebben to be the em- At 5:27 p.m., a message from the addiction and after 21⁄2 years of mar- bodiment of the American Dream. House of Representatives, delivered by riage and the birth of a daughter, he After immigrating to the United States Mr. Hays, one of its reading clerks, an- left the family. from Borger, Germany in 1953 with nounced that the House has passed the Nevertheless, Jessie Hale Downs re- only $10 to his name, he used all of his following bills, in which it requests the mained resolve in her dedication to the money to buy a train ticket to Cin- concurrence of the Senate: Jimmie Hale Mission, and she refused cinnati. Upon arrival in the area, Mr. H.R. 810. An act to amend the Public to let her late husband’s dream die. Toebben took up not only one job, but Health Service Act to provide for human em- Mrs. Downs is gifted with a great sense two jobs as a carpenter for a Ft. Wright bryonic stem cell research. of leadership and a spirit of love for hu- home builder in Northern Kentucky. H.R. 2520. An act to provide for the collec- tion and maintenance of human cord blood manity. She served as the executive di- He worked both night and day saving stem cells for the treatment of patients and rector of the Mission for 46 years and as much money as he could. This research, and to amend the Public Health even today travels to churches and quickly paid off and by 1955, only 2 Service Act to authorize the C.W. Bill Young civic meetings to share the story of the years after his arrival to the United Cell Transplantation Program. Jimmie Hale Mission and what they States, Mr. Toebben started his own H.R. 2528. An act making appropriations have to offer. business, Toebben Builders and Devel- for military quality of life functions of the Because of her unwavering dedication opers. Department of Defense, military construc- to the Mission, which began as a lone The ‘‘Movers and Shakers’’ award of tion, the Department of Veterans Affairs, and related agencies for the fiscal year end- storefront chapel ministering to the Northern Kentucky is an annual award ing September 30, 2006, and for other pur- men on the streets of downtown Bir- presented to honor those within the poses. mingham, the Mission has now ex- Greater Cincinnati region who stand as f panded into a six-facility, holistic-ap- an example for all. It is presented by proach ministry in central the Kentucky Enquirer, the Sales and ENROLLED BILL SIGNED committed to helping people break the Marketing Council of Northern Ken- The message also announced that the chains of addiction and homelessness. tucky, The Home Builders Association Speaker of the House of Representa- While Jimmie Hale envisioned the of Northern Kentucky and The Ken- tives has signed the following enrolled ministry, Jessie Hale Downs saw the tucky Post. bill: Mission to fruition. Now, at the age of As a Senator from Kentucky, I com- H.R. 2566. An act to provide an extension of 88, Mrs. Downs is the matriarch and mend Mr. Toebben for his hard work highway, highway safety, motor carrier safe- heartbeat of the Jimmie Hale Mission. and dedication. I hope that he will ty, transit, and other programs funded out of I would like to offer thanks for a life serve as an inspiration to the citizens the Highway Trust Fund pending enactment lived to serve the less fortunate. The of Kentucky.∑ of a law reauthorizing the Transportation Equity Act for the 21st Century. community of Birmingham and the f State of Alabama are better off because The enrolled bill was signed subse- Mrs. Jessie Hale Downs has lived MESSAGES FROM THE PRESIDENT quently by the President pro tempore among us.∑ Messages from the President of the (Mr. STEVENS). f United States were communicated to the Senate by Mr. Williams, one of his At 7:00 p.m., a message from the STANDING SOUTH DAKOTANS secretaries. House of Representatives, delivered by ∑ Ms. Niland, one of its reading clerks, Mr. THUNE. Mr. President, today I f rise to congratulate two outstanding announced that the House disagrees to men from South Dakota, Staff Ser- EXECUTIVE MESSAGES REFERRED the amendment of the Senate to the geant Eric Borah of New Underwood As in executive session the Presiding bill (H. R. 3) to authorize funds for Fed- and Sergeant Daniel Iverson of Madi- Officer laid before the Senate messages eral-aid highways, highway safety pro- son. Both men have been honored this from the President of the United grams, and transit programs, and for year for their unwavering dedication to States submitting sundry nominations other purposes, and asks for a con- our country. which were referred to the appropriate ference with the Senate on the dis- Eric, a Wheeled Vehicle Mechanic in committees. agreeing votes of the two Houses there- the South Dakota Army Guard’s 235th (The nominations received today are on; and appoints the following mem- Military Police Company from Custer, printed at the end of the Senate pro- bers as the managers of the conference has been named Non-Commissioned Of- ceedings.) on the part of the House: From the ficer of the Year. f Committee on Transportation and In- Daniel, an Army Bandsman with the frastructure, for consideration of the South Dakota Army Guard’s 147th MESSAGES FROM THE HOUSE House bill (except title X), and the Sen- Army Band from Mitchell, was named At 9:34 a.m., a message from the ate amendment (except title V), and Soldier of the year. House of Representatives, delivered by modifications committed to con- Eric and Daniel will be recognized in Ms. Niland, one of its reading clerks, ference: Messrs. YOUNG of Alaska, Washington, DC two of the Out- announced that the House has passed PETRI, BOEHLERT, COBLE, DUNCAN, standing Soldiers and Airmen of the the following bill, in which it requests MICA, HOEKSTRA, LATOURETTE, BACHUS, Year for the National Guard. It is with the concurrence of the Senate: BAKER, GARY C. MILLER of California,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6018 CONGRESSIONAL RECORD — SENATE May 26, 2005 HAYES, SIMMONS, BROWN of South Caro- From the Committee on Science, for EC–2342. A communication from the Under lina, GRAVES, SHUSTER, BOOZMAN, consideration of sections 2010, 3013, Secretary of Defense, Acquisition, Tech- OBERSTAR, RAHALL, DEFAZIO, COS- 3015, 3034, 3039, 3041, 4112, and title V of nology, and Logistics, Department of De- fense, transmitting, pursuant to law, a re- TELLO, Ms. NORTON, Messrs. NADLER, the House bill, and title II and sections port relative to the Defense Base Closure and MENENDEZ, Ms. CORRINE Brown of Flor- 6014, 6015, 6036, 7118, 7212, 7214, 7361, and Realignment Act of 1990, as amended; to the ida, Mr. FILNER, Ms. EDDIE BERNICE 7370 of the Senate amendment, and Committee on Armed Services. JOHNSON of Texas, Mr. TAYLOR of Mis- modifications committed to con- EC–2343. A communication from the Under sissippi, Ms. MILLENDER-MCDONALD, ference: Messrs. EHLERS, REICHERT, and Secretary of Defense, Acquisition, Tech- Messrs. CUMMINGS, BLUMENAUER, and GORDON. nology, and Logistics, Department of De- Mrs. TAUSCHER. From the Committee on Ways and fense, transmitting, pursuant to law, a re- port entitled ‘‘Department of Defense Fiscal From the Committee on the Budget, Means, for consideration of title X of for consideration of sections 8001–8003 Year 2004 Purchases from Foreign Entities’’; the House bill, and title V of the Sen- to the Committee on Armed Services. of the House bill, and title III of the ate amendment, and modifications EC–2344. A communication from the Under Senate amendment, and modifications committed to conference: Messrs. Secretary of Defense, Acquisition, Tech- committed to conference: Messrs. THOMAS, MCCRERY, and RANGEL. nology, and Logistics, Department of De- NUSSLE, MARIO DIAZ-BALART of Flor- For consideration of the House bill fense, transmitting, pursuant to law, a re- ida, and SPRATT. and Senate amendment, and modifica- port relative to amounts of staff-years of From the Committee on Education technical effort to be allocated for each de- tions committed to conference: Mr. fense Federally Funded Research and Devel- and the Workforce, for consideration of DELAY. sections 1118, 1605, 1809,3018, and 3030 of opment Center (FFRDC) during Fiscal Year f 2006; to the Committee on Armed Services. the House bill, and sections 1304, 1819, EC–2345. A communication from the Sec- 6013, 6031, 6038, and 7603 of the Senate MEASURES REFERRED retary of Energy, transmitting, a report of amendment, and modifications com- proposed legislation relative to amending The following bills were read the first mitted to conference: Messrs. KLINE, the Ronald W. Reagan National Defense Au- and the second times by unanimous KELLER, and BARROW. thorization Act for Fiscal Year 2005; to the From the Committee on Energy and consent, and referred as indicated: Committee on Armed Services. Commerce, for consideration of provi- H.R. 1224. An act to repeal the prohibition EC–2346. A communication from the Prin- on the payment of interest on demand depos- cipal Deputy, Personnel and Readiness, Of- sions in the House bill and Senate fice of the Under Secretary of Defense, De- amendment relating to Clean Air Act its, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs. partment of Defense, transmitting, pursuant provisions of transportation planning H.R. 2528. An act making appropriations to law, a report relative to the status of fe- contained in sections 6001 and 6006 of for military quality of life functions of the male members of the Armed Forces for Fis- the House bill, and sections 6005 and Department of Defense, military construc- cal Year 2004; to the Committee on Armed 6006 of the Senate amendment; and sec- tion, the Department of Veterans Affairs, Services. EC–2347. A communication from the Direc- tions 1210, 1824, 1833, 5203, and 6008 of and related agencies for the fiscal year end- tor, Defense Procurement and Acquisition ing September 30, 2006, and for other pur- the House bill, and sections 1501, 1511, Policy, Department of Defense, transmit- poses; to the Committee on Appropriations. 1522, 1610–1619, 1622, 4001, 4002, 6016, 6023, ting, pursuant to law, the report of a rule en- 7218, 7223, 7251, 7252, 7256–7262, 7324, 7381, f titled ‘‘Contractor Personnel Supporting a 7382, and 7384 of the Senate amend- Force Deployed Outside the United States’’ ment, and modifications committed to MEASURES PLACED ON THE (DFARS Case 2003-D087) received on May 23, conference: Messrs. BARTON of Texas, CALENDAR 2005; to the Committee on Armed Services. EC–2348. A communication from the Dep- PICKERING, and DINGELL. The following bill was read the sec- From the Committee on Government uty Assistant Administrator, National Oce- ond time, and placed on the calendar: anic and Atmospheric Administration, De- Reform, for consideration of section S. 1127. A bill to require the Secretary of partment of Commerce, transmitting, pursu- 4205 of the house bill, and section 2101 Defense to submit to Congress all docu- ant to law, the report of a rule entitled of the Senate amendment and modi- mentation related to the Secretary’s rec- ‘‘NOAA Climate and Global Change Program, fications committed to conference: ommendations for the 2005 round of defense FY 2006’’ (FRN, Docket No.: 000616180–5104–11) Messrs. TOM DAVIS of Virginia, PLATTS, base closure and realignment. received on May 23, 2005; to the Committee and WAXMAN. f on Commerce, Science, and Transportation. From the Committee on Homeland EC–2349. A communication from the Acting Security, for consideration of sections MEASURES READ THE FIRST TIME Director, Office of Sustainable Fisheries, Na- tional Marine Fisheries Service, Department 1834, 6027, 7324, and 7325 of the Senate The following bill was read the first of Commerce, transmitting, pursuant to law, amendment, and modifications com- time: the report of a rule entitled ‘‘NMFS is Open- mitted to conference: Messrs. COX, H.R. 810. An act to amend the Public ing Directed Fishing for Species that Com- DANIEL E. LUNGREN of California, and Health Service Act to provide for human em- prise the Deep-water Species Fishery by Ves- THOMPSON of Mississippi. bryonic stem cell research. sels using Trawl Gear in the Gulf of Alaska From the Committee on the Judici- (GOA)’’ (Docket NO. 041126333–5040–02; I.D. f ary, for consideration of sections 1211, 042105C) received on May 23, 2005; to the Com- 1605, 1812, 1832, 2013, 2017, 4105, 4201, 4202, EXECUTIVE AND OTHER mittee on Commerce, Science, and Transpor- tation. 4214, 7018–7020, and 7023 of the House COMMUNICATIONS EC–2350. A communication from the Acting bill, and sections 1410, 1512, 1513, 6006, The following communications were Deputy Chief, Wireline Competition Bureau, 6029, 7108, 7113, 7115, 7338, 7340, 7343, 7345, laid before the Senate, together with Federal Communications Commission, trans- 7362, 7363, 7406, 7407, and 7413 of the Sen- accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule entitled ‘‘In the Matter of Federal-State ate amendment, and modifications uments, and were referred as indicated: committed to conference: Messrs. SEN- Joint Board on Universal Service, Report EC–2340. A communication from the Under SENBRENNER, SMITH of Texas, and CON- and Order in CC Docket No. 96–45; FCC 05–46’’ Secretary of Defense, Acquisition, Tech- received on May 23, 2005; to the Committee YERS. nology, and Logistics, Department of De- on Commerce, Science, and Transportation. From the Committee on Resources, fense, transmitting, pursuant to law, a re- EC–2351. A communication from the Legal for consideration of sections 1119, 3021, port relative to the Defense Base Closure and Advisor to the Bureau Chief, Media Bureau, 6002, and 6003 of the House bill, and sec- Realignment Act of 1990; to the Committee Federal Communications Commission, trans- tions 1501, 1502, 1505, 1511, 1514, 1601, on Armed Services. mitting, pursuant to law, the report of a rule 1603, 6040, and 7501–7518 of the Senate EC–2341. A communication from the Spe- entitled ‘‘Amendment of Section 73.202(b), amendment, and modifications com- cial Assistant to the Secretary of the Navy Table of Allotments, FM Broadcast Stations. mitted to conference: Messrs. POMBO, for Base Realignment and Closure, Depart- (Cedarville, California)’’ (MB Docket No. 04– ment of the Navy, transmitting, pursuant to WALDEN of Oregon, and KIND. 387) received on May 23, 2005; to the Com- From the Committee on Rules, for law, a report entitled ‘‘Supplemental Infor- mittee on Commerce, Science, and Transpor- mation to Volume IV of the Department of tation. consideration of sections 8004 and 8005 Defense Base Closure Report [Department of EC–2352. A communication from the Legal of the House bill, and modifications the Navy (DON) Analyses and Recommenda- Advisor to the Bureau Chief, Media Bureau, committed to conference: Mr. DREIER, tions]’’; to the Committee on Armed Serv- Federal Communications Commission, trans- Mrs. CAPITO, and Mr. MCGOVERN. ices. mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6019 entitled ‘‘Amendment of Section 73.202(b), Practice’’ (RIN2126–AA15) received on May tion, Department of Transportation, trans- Table of Allotments, FM Broadcast Stations 24, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule (Dulac, Louisiana, King City, California; Science, and Transportation. entitled ‘‘Airworthiness Directives: Fokker Fallon Station, Nevada; Coachella, Cali- EC–2361. A communication from the Pro- Model F 28 Series Airplanes’’ ((RIN2120– fornia; Cambria, California; Carbon, Texas; gram Analyst, Federal Aviation Administra- AA64) (2005–0254)) received on May 24, 2005; to and Northport, Alabama)’’ (MB Docket Nos. tion, Department of Transportation, trans- the Committee on Commerce, Science, and 04–329, 04–332 through 04–337) received on May mitting, pursuant to law, the report of a rule Transportation. 23, 2005; to the Committee on Commerce, entitled ‘‘Standard Instrument Approach EC–2371. A communication from the Pro- Science, and Transportation. Procedures; Miscellaneous Amendments (58); gram Analyst, Federal Aviation Administra- EC–2353. A communication from the Legal Amdt. No. 3122’’ ((RIN2120–AA65) (2005–0017)) tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, received on May 24, 2005; to the Committee mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Schwei- mitting, pursuant to law, the report of a rule EC–2362. A communication from the Pro- zer Aircraft Corp Model 269 C, C–1, and D entitled ‘‘Amendment of Section 73.606(b), gram Analyst, Federal Aviation Administra- Helicopters’’ ((RIN2120–AA64) (2005–0252)) re- Table of Allotments, TV Broadcast Stations; tion, Department of Transportation, trans- ceived on May 24, 2005; to the Committee on Green Bay, WI.’’ (MB Docket No. 01–315, RM– mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. 10136) received on May 23, 2005; to the Com- entitled ‘‘Definition of Commuter Aircraft at EC–2372. A communication from the Pro- mittee on Commerce, Science, and Transpor- Ronald Reagan Washington National Air- gram Analyst, Federal Aviation Administra- tation. port’’ (RIN2120–AI58) received on May 24, tion, Department of Transportation, trans- EC–2354. A communication from the Legal 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, Science, and Transportation. entitled ‘‘Airworthiness Directives: Airbus Federal Communications Commission, trans- EC–2363. A communication from the Pro- Model A300 B4-600, 600R, and FR–600R Series mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Airplanes, and Model C4 605R Variant F Air- entitled ‘‘Amendment of Section 73.202(b), tion, Department of Transportation, trans- planes; and Model A310 Series Airplanes’’ Table of Allotments, FM Broadcast Stations. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0251)) received on May (Shorter, Orrville, Selma and Birmingham, entitled ‘‘Ineligibility for an Airman Certifi- 24, 2005; to the Committee on Commerce, Alabama)’’ (MB Docket No. 04–201) received cate Based on Security Grounds; DISPOSI- Science, and Transportation. on May 23, 2005; to the Committee on Com- TION OF COMMENTS’’ ((RIN2120–AH84) EC–2373. A communication from the Pro- merce, Science, and Transportation. (2005–0001)) received on May 24, 2005; to the gram Analyst, Federal Aviation Administra- EC–2355. A communication from the Legal Committee on Commerce, Science, and tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, Transportation. mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- EC–2364. A communication from the Pro- entitled ‘‘Airworthiness Directives: Rolls gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Royce 250–B Series and 250 C Se- tion, Department of Transportation, trans- entitled ‘‘Implementation of Section 304 of ries Turboprop and Turboshaft Engines’’ mitting, pursuant to law, the report of a rule the Telecommunications Act of 1996 Com- ((RIN2120–AA64) (2005–0249)) received on May entitled ‘‘Revision of Federal Airways V–2, mercial Availability of Navigation Devices’’ 24, 2005; to the Committee on Commerce, V–257 and V–343; MT’’ ((RIN2120–AA66) (2005– (FCC 05–76, CS Docket No. 97–80) received on Science, and Transportation. 0114)) received on May 24, 2005; to the Com- EC–2374. A communication from the Pro- May 23, 2005; to the Committee on Com- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–2356. A communication from the Acting tation. tion, Department of Transportation, trans- EC–2365. A communication from the Pro- mitting, pursuant to law, the report of a rule Director, Office of Sustainable Fisheries, Na- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing tional Marine Fisheries Service, Department tion, Department of Transportation, trans- Model 777–200 Series Airplanes’’ ((RIN2120– of Commerce, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule AA64) (2005–0248)) received on May 24, 2005; to the report of a rule entitled ‘‘Fisheries of the entitled ‘‘Airport Noise Compatibility Plan- the Committee on Commerce, Science, and Northeastern United States; Atlantic Mack- ning: DISPOSITION OF COMMENTS’’ Transportation. erel, Squid, and Butterfish Fisheries; Closure ((RIN2120–AI37) (2005–0001)) received on May EC–2375. A communication from the Pro- of the Quarter II Fishery for Loligo Squid’’ 24, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- (I.D. 042005B) received on May 23, 2005; to the Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–2366. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing EC–2357. A communication from the Acting tion, Department of Transportation, trans- Model 747–100, 100B, 200B, 300, 400, 400D, Director, Office of Sustainable Fisheries, Na- mitting, pursuant to law, the report of a rule 747SR, and 747SP Series Airplanes’’ tional Marine Fisheries Service, Department entitled ‘‘Airworthiness Directives: ((RIN2120–AA64) (2005–0247)) received on May of Commerce, transmitting, pursuant to law, Eurocopter France Model AS355E, F, F1, F2, 24, 2005; to the Committee on Commerce, the report of a rule entitled ‘‘Closing Di- and N Helicopters’’ ((RIN2120–AA64) (2005– Science, and Transportation. rected Fishing for Pacific Cod by Catcher 0253)) received on May 24, 2005; to the Com- EC–2376. A communication from the Pro- Vessels Less than 60 Feet Length Overall mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Using Hook-and-Line or Pot Gear in the Ber- tation. tion, Department of Transportation, trans- ing Sea and Aleutian Islands Management EC–2367. A communication from the Pro- mitting, pursuant to law, the report of a rule Area’’ (I.D. 041805D) received on May 23, 2005; gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing to the Committee on Commerce, Science, tion, Department of Transportation, trans- Model 737-300, 400, and 500 Series Airplanes’’ and Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0250)) received on May EC–2358. A communication from the Acting entitled ‘‘Airworthiness Directives: Bom- 24, 2005; to the Committee on Commerce, Director, Office of Sustainable Fisheries, Na- bardier Model CL 600 2B19 Airplanes’’ Science, and Transportation. tional Marine Fisheries Service, Department ((RIN2120–AA64) (2005–0257)) received on May EC–2377. A communication from the Pro- of Commerce, transmitting, pursuant to law, 24, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- the report of a rule entitled ‘‘Fisheries of the Science, and Transportation. tion, Department of Transportation, trans- Northeastern United States; Summer Floun- EC–2368. A communication from the Pro- mitting, pursuant to law, the report of a rule der; 2005 Specifications; Commercial Sum- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing mer Flounder Quota Transfer’’ (I.D. 031805C) tion, Department of Transportation, trans- Model 777–200 and 300 Series Airplanes’’ received on May 23, 2005; to the Committee mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0246)) received on May on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Saab 24, 2005; to the Committee on Commerce, EC–2359. A communication from the Acting Model SAAB SF340A and SAAB 340B Series Science, and Transportation. Director, Office of Sustainable Fisheries, Na- Airplanes’’ ((RIN2120–AA64) (2005–0256)) re- EC–2378. A communication from the Pro- tional Marine Fisheries Service, Department ceived on May 24, 2005; to the Committee on gram Analyst, Federal Aviation Administra- of Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. tion, Department of Transportation, trans- the report of a rule entitled ‘‘Species in the EC–2369. A communication from the Pro- mitting, pursuant to law, the report of a rule Rock Sole/Flathead Sole/‘Other Flatfish’ gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing Fishery Category by Vessels Using Trawl tion, Department of Transportation, trans- Model 747–100, 100B, 100B SUD, 200B, 200C, 300, Gear in Bering Sea and Aleutian Islands mitting, pursuant to law, the report of a rule 400, and 400D Series Airplanes; and Model Management Area’’ (I.D. 042105B) received on entitled ‘‘Airworthiness Directives: Bom- 747SR Series Airplanes’’ ((RIN2120–AA64) May 23, 2005; to the Committee on Com- bardier Model DHC 8 102, 103, 106, 201, 202, 301, (2005–0245)) received on May 24, 2005; to the merce, Science, and Transportation. 311, and 315 Airplanes’’ ((RIN2120–AA64) (2005– Committee on Commerce, Science, and EC–2360. A communication from the Regu- 0255)) received on May 24, 2005; to the Com- Transportation. latory Ombudsman, Federal Motor Carrier mittee on Commerce, Science, and Transpor- EC–2379. A communication from the Pro- Safety Administration, Department of tation. gram Analyst, Federal Aviation Administra- Transportation, transmitting, pursuant to EC–2370. A communication from the Pro- tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Rules of gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6020 CONGRESSIONAL RECORD — SENATE May 26, 2005 entitled ‘‘Airworthiness Directives: Boeing District of the Virgin Islands for the term of Parents: deceased, William W. Wilkins, Sr., Model 747 Airplanes’’ ((RIN2120–AA64) (2005– four years. Evelyn Horton Wilkins, none. 0244)) received on May 24, 2005; to the Com- Stephen Joseph Murphy III, of Michigan, 5. Grandparents: deceased, Mr. & Mrs. Mil- mittee on Commerce, Science, and Transpor- to be United States Attorney for the Eastern lard Horton, Mr. & Mrs. William C. Wilkins, tation. District of Michigan for the term of four none. EC–2380. A communication from the Pro- years. 6. Brothers and Spouses: Mr. & Mrs. Wil- gram Analyst, Federal Aviation Administra- (Nominations without an asterisk liam W. Wilkins, Jr., Mr. Robert Terrell Wil- kins, none. tion, Department of Transportation, trans- were reported with the recommenda- mitting, pursuant to law, the report of a rule 7. Sisters and Spouses: Bryan & Nancy W. entitled ‘‘Airworthiness Directives: General tion that they be confirmed.) Lyndon, $4,000.00, 2003, Bush-Cheney ’04. Electric Company CF–80E1 Series Turbofan f Nominee: Wiliam Alan Eaton. Post: Panama. Engines’’ ((RIN2120–AA64) (2005–0243)) re- NOMINATIONS DISCHARGED BY ceived on May 24, 2005; to the Committee on (The following is a list of all members of Commerce, Science, and Transportation. THE COMMITTEE ON FOREIGN my immediate family and their spouses. I EC–2381. A communication from the Gen- RELATIONS AND CONFIRMED have asked each of these persons to inform eral Counsel, Federal Emergency Manage- Nominee: Victoria Nuland. me of the pertinent contributions made by ment Agency, Department of Homeland Se- Post: U.S. Mission to NATO. them. To the best of my knowledge, the in- curity, transmitting, pursuant to law, the re- (The following is a list of all members of formation contained in this report is com- port of a rule entitled ‘‘Changes in Flood my immediate family and their spouses. I plete and accurate.) Elevation Determinations’’ ((44 CFR 65) have asked each of these persons to inform Contributions, Amount, Date, and Donee: 1. Self: $0. (Doc. No. FEMA–B–7451)) received on May 23, me of the pertinent contributions made by 2. Spouse: N/A. 2005; to the Committee on Banking, Housing, them. To the best of my knowledge, the in- 3. Children and Spouses: N/A. and Urban Affairs. formation contained in this report is com- 4. Parents: Marjory C. Eaton (mother), $0. EC–2382. A communication from the Gen- plete and accurate.) 5. Grandparents: Ethel & Lee Combs (ma- eral Counsel, Federal Emergency Manage- Contributions, Amount, Date, and Donee: ternal, deceased), $0; Lettie & Oscar Eaton ment Agency, Department of Homeland Se- 1. Self (paternal, deceased), $0. curity, transmitting, pursuant to law, the re- 2. Spouse port of a rule entitled ‘‘Final Flood Ele- 6. Brothers and Spouses: N/A. 3. Children and Spouses 7. Sisters and Spouses: Christine D. Fellers vation Determinations’’ (44 CFR 67) received 4. Parents: $100.00, Sept 2004, Kerry for on May 23, 2005; to the Committee on Bank- (sister), $0; Larry L. Fellers (brother-in-law), President; Names: Sarah P. Nuland (step- $0. ing, Housing, and Urban Affairs. mother). EC–2383. A communication from the Gen- Nominee: James M. Derham. 5. Grandparents Post: Guatemala. eral Counsel, Federal Emergency Manage- 6. Brothers and Spouses ment Agency, Department of Homeland Se- (The following is a list of all members of 7. Sisters and Spouses my immediate family and their spouses. I curity, transmitting, pursuant to law, the re- Nominee: John F. Tefft. port of a rule entitled ‘‘Changes in Flood have asked each of these persons to inform Post: Tblisi, Georgia. me of the pertinent contributions made by Elevation Determinations’’ ((44 CFR 65) (The following is a list of all members of (Doc. No. FEMA–P–7642)) received on May 23, them. To the best of my knowledge, the in- my immediate family and their spouses. I formation contained in this report is com- 2005; to the Committee on Banking, Housing, have asked each of these persons to inform and Urban Affairs. plete and accurate.) me of the pertinent contributions made by Contributions, Amount, Date, and Donee: f them. To the best of my knowledge, the in- 1. Self: James M. Derham, none. formation contained in this report is com- 2. Spouse: Joleen A. Schweitzer, none. REPORTS OF COMMITTEES plete and accurate.) 3. Children and Spouses: Michael T. The following reports of committees Contributions, Amount, Date, and Donee: Derham, $35, 8/2004, DNC; Christopher D. 1. Self, None. were submitted: Derham, none; Katherine M. Derham, none. 2. Spouse, None. 4. Parents: John A. Derham, deceased; By Mr. INHOFE, from the Committee on 3. Children and Spouses: Christine Marie Dorothy K. Derham, none. Environment and Public Works, with amend- Tefft, $50, 2004, ; Cathleen Mary 5. Grandparents: John Derham, deceased; ments: Tefft and Andrew Horowitz, $50, 2004, John Margaret Derham, deceased; Walter S. 606. A bill to amend the Clean Air Act to Kerry. Kingwell, deceased; Dorothy Kingwell, de- eliminate methyl tertiary butyl ether from 4. Parents: Floyd F. Tefft, $50, 2004, Russ ceased. the United States fuel supply, to increase Feingold for Senate; Mary J. Tefft (de- 6. Brothers and Spouses: Dennis J. Derham, production and use of renewable fuel, and to ceased). none. increase the Nation’s energy independence, 5. Grandparents: Floyd B. Tefft (deceased); 7. Sisters and Spouses: N/A. and for other purposes (Rept. No. 109–74). Lucy Britt Tefft (deceased); James Durkin Nominee: Paul A. Trivelli. By Mr. ENZI, from the Committee on (deceased); Julia Healy Durkin (deceased). Post: U.S. Ambassador to Nicaragua. Health, Education, Labor, and Pensions, 6. Brothers and Spouses: Thomas and Julie (The following is a list of all members of with an amendment in the nature of a sub- Tefft, none; James Tefft and Victoria Wise, my immediate family and their spouses. I stitute: none. have asked each of these persons to inform S. 302. A bill to make improvements in the 7. Sisters and Spouses: Patricia Tefft Cous- me of the pertinent contributions made by Foundation for the National Institutes of in (deceased); Sheila Tefft and Rajiv them. To the best of my knowledge, the in- Health (Rept. No. 109–75). Chandra, none. formation contained in this report is com- f Nominee: David Horton Wilkins. plete and accurate.) Post: U.S. Ambassador to Canada. Contributions, Amount, Date, and Donee: EXECUTIVE REPORTS OF (The following is a list of all members of 1. Self: none. COMMITTEES my immediate family and their spouses. I 2. Spouse: none. have asked each of these persons to inform The following executive reports of 3. Children and Spouses: Carlos Trivelli me of the pertinent contributions made by (unmarried), none; Daniela Trivelli (unmar- committees were submitted: them. To the best of my knowledge, the in- ried), none. By Mr. SPECTER for the Committee on formation contained in this report is com- 4. Parents: Ruth Trivelli (mother), none; the Judiciary. plete and accurate.) Benjamin Trivelli (father) and spouse Shar- Richard A. Griffin, of Michigan, to be Contributions, Amount, Date, and Donee: on, $250.00, 6/30, Rosa DeLauro; $200, 2/03, United States Circuit Judge for the Sixth 1. Self: David H. Wilkins, $5,000.00, 10/2004, Rosa DeLauro. Circuit. RNC Presidential Trust; $5,000.00, 9/2004, RNC 5. Grandparents: Anna Trivelli (deceased); David W. McKeague, of Michigan, to be Presidential Trust; $10,000.00, 8/2004, RNC Matthew Trivelli (deceased); Arthur Ander- United States Circuit Judge for the Sixth Presidential Trust; $1,000.00, 7/2004, DeMint son (deceased); Ruth Anderson (deceased). Circuit. for Congress; $4,000.00, 8/2003, Bush-Cheney ’04 6. Brothers and Spouses: Vincent Trivelli Regina B. Schofield, of Virginia, to be an (joint); $50.00, 6/2003, Republican National and spouse Joyce, $100, summer 04, Kerry Assistant Attorney General. Comm.; $50.00, 2/2003, Republican National campaign; Philip Trivelli and spouse Natalie, Paul D. Clement, of Virginia, to be Solic- Comm.; $75.00, 2/2003, Republican National $20, summer 04, Kerry campaign. itor General of the United States. Comm.; $1,000.00, 4/02/01, Lindsey Graham for 7. Sisters and Spouses: Pamela Combies Gretchen C. F. Shappert, of North Caro- Senate. (unmarried), none. lina, to be United States Attorney for the 2. Spouse: Susan C. Wilkins, none. Nominee: Linda Jewell. Western District of North Carolina for the 3. Children and Spouses: Robert & Steph- Post: Ambassador to Ecuador. term of four years. anie Wilkins, $4,000.00, 2003, Bush-Cheney ’04 (The following is a list of all members of Anthony Jerome Jenkins, of Virgin Is- (joint); James Wilkins, $2,000.00, 2003, Bush- my immediate family and their spouses. I lands, to be United States Attorney for the Cheney ’04. have asked each of these persons to inform

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me of the pertinent contributions made by the retrofitting, repowering, replacement, WELL, Mrs. CLINTON, Mr. COLEMAN, them. To the best of my knowledge, the in- and new construction of coal-based elec- Mr. CORZINE, Mr. DAYTON, Mr. DODD, formation contained in this report is com- tricity generating facilities and industrial Mr. DURBIN, Mrs. FEINSTEIN, Mr. HAR- plete and accurate.) gasification facilities; to the Committee on KIN, Mr. INOUYE, Mr. JOHNSON, Mr. Contributions, amount, Date, and Donee: Energy and Natural Resources. KERRY, Ms. LANDRIEU, Mr. LEVIN, 1. Self: Linda Jewell, $100, 2/5/04, Dem. Nat’l By Mrs. CLINTON (for herself, Ms. COL- Mrs. LINCOLN, Ms. MIKULSKI, Mrs. Comm. LINS, Ms. LANDRIEU, Mrs. MURRAY, MURRAY, Mr. NELSON of Nebraska, 2. Spouse: John Walsh, $150, 5/22/04, John Mr. REED, and Ms. MIKULSKI): Mr. NELSON of Florida, Mr. OBAMA, Kerry for Pres.; $50, 09/04, John Kerry for S. 1134. A bill to express the sense of Con- Mr. REED, Mr. SALAZAR, Mr. SAR- Pres. gress on women in combat; to the Committee BANES, Ms. STABENOW, Mr. LAUTEN- 3. Children and Spouses: Susanna Walsh on Armed Services. BERG, Mr. PRYOR, and Mr. ROCKE- (no spouse), 0; Patrick Walsh (no spouse), 0. By Mr. BENNETT (for himself and Mr. FELLER): 4. Parents: Analee Jewell, 0; Robert Jewell HATCH): S. 1145. A bill to provide Federal assistance (deceased), 0. S. 1135. A bill to authorize the exchange of to States and local jurisdictions to prosecute 5. Grandparents: Albert Jewell (deceased); certain land in Grand and Uintah Counties, hate crimes; to the Committee on the Judici- Eliza Jewell (deceased); H. Frank Rider (de- Utah, and for other purposes; to the Com- ary. ceased); Ada Rider (deceased). mittee on Energy and Natural Resources. By Mrs. BOXER: 6. Brothers and Spouses: Frank Jewell and By Mr. THUNE (for himself, Mr. JOHN- S. 1146. A bill to require the Federal Trade Sarah Lavicka, $250, 1/11/01, Dem. Nat’l SON, Ms. COLLINS, Ms. SNOWE, Mr. Commission to monitor and investigate gas- Comm.; $50 6/27/04, Campus Dems.; $50, 7/11/04, SUNUNU, Mr. CORZINE, Mr. LIEBER- oline prices under certain circumstances; to John Kerry for Pres.; $500, 8/19/04, Dem. Nat’l MAN, Mr. LAUTENBERG, Mr. DOMENICI, the Committee on Commerce, Science, and Comm.; $500, 9/29/04, www.democrats.org. Mr. DODD, and Mr. BINGAMAN): Transportation. 7. Sisters and Spouses: None. S. 1136. A bill to facilitate the provision by By Mr. ROCKEFELLER (for himself, members of the Armed Forces of testimony f Ms. SNOWE, Mr. BAUCUS, Mr. BURNS, on the military value of military installa- Mr. SCHUMER, Mr. BUNNING, and Ms. INTRODUCTION OF BILLS AND tions in connection with the 2005 round of de- CANTWELL): JOINT RESOLUTIONS fense base closure and realignment; to the S. 1147. A bill to amend the Internal Rev- Committee on Armed Services. enue Code of 1986 to provide for the expens- The following bills and joint resolu- By Mr. GRASSLEY (for himself, Mr. ing of broadband Internet access expendi- tions were introduced, read the first MCCAIN, and Mr. ALLEN): tures, and for other purposes; to the Com- and second times by unanimous con- S. 1137. A bill to include dehydro- mittee on Finance. sent, and referred as indicated: epiandrosterone as an anabolic steroid; to By Ms. MIKULSKI (for herself, Ms. the Committee on the Judiciary. STABENOW, Mr. BINGAMAN, Mrs. MUR- By Mr. WYDEN (for himself and Mr. By Mr. ALLEN: RAY, Mr. CORZINE, Mr. JOHNSON, and SUNUNU): S. 1138. A bill to authorize the placement Mr. INOUYE): S. 1128. A bill to amend title XIX of the So- of a monument in Arlington National Ceme- S. 1148. A bill to amend title XVIII of the cial Security Act to provide for increased re- tery honoring the veterans who fought in Social Security Act to permit direct pay- bates under the medicaid program for pre- World War II as members of Army Ranger ment under the medicare program for clin- scription drugs that are directly advertised Battalions; to the Committee on Veterans’ ical social worker services provided to resi- to consumers, to require other Federal pro- Affairs. dents of skilled nursing facilities; to the grams purchasing or reimbursing for such By Mr. SANTORUM: Committee on Finance. drugs to establish payment and reimburse- S. 1139. A bill to amend the Animal Welfare By Mr. ISAKSON (for himself and Mr. ment mechanisms that reduce the costs of Act to strengthen the ability of the Sec- KENNEDY): those drugs, and for other purposes; to the retary of Agriculture to regulate the pet in- S. 1149. A bill to amend the Federal Em- Committee on Finance. dustry; to the Committee on Agriculture, ployees’ Compensation Act to cover services By Mr. LUGAR (for himself and Mr. Nutrition, and Forestry. provided to injured Federal workers by phy- HAGEL): By Mr. CARPER (for himself and Mr. sician assistants and nurse practitioners, S. 1129. A bill to provide authorizations of BIDEN): and for other purposes; to the Committee on appropriations for certain development S. 1140. A bill to designate the State Route Homeland Security and Governmental Af- banks, and for other purposes; to the Com- 1 Bridge in the State of Delaware as the fairs. mittee on Foreign Relations. ‘‘Senator William V. Roth, Jr. Bridge’’; to By Mrs. CLINTON: By Ms. STABENOW (for herself, Ms. the Committee on Environment and Public S. 1150. A bill to increase the security of LANDRIEU, and Mr. LEVIN): Works. radiation sources, and for other purposes; to S. 1130. A bill to treat the Tuesday next By Mr. COCHRAN (for himself, Mr. the Committee on Environment and Public after the first Monday in November as a PRYOR, Mr. CHAMBLISS, and Mr. ROB- Works. legal public holiday for purposes of Federal ERTS): By Mr. McCAIN (for himself and Mr. employment, and for other purposes; to the S. 1141. A bill to authorize the Secretary of LIEBERMAN): Committee on the Judiciary. Homeland Security to regulate ammonium S. 1151. A bill to provide for a program to By Mr. CRAIG: nitrate; to the Committee on Homeland Se- accelerate the reduction of greenhouse gas S. 1131. A bill to authorize the exchange of curity and Governmental Affairs. emissions in the United States by estab- certain Federal land within the State of By Ms. LANDRIEU (for herself, Mr. lishing a market-driven system of green- Idaho, and for other purposes; to the Com- GRAHAM, Mr. ALLEN, Mr. DURBIN, and house gas tradeable allowances, to limit mittee on Energy and Natural Resources. Mr. LAUTENBERG): greenhouse gas emissions in the United By Mr. COLEMAN (for himself, Ms. S. 1142. A bill to provide pay protection for States and reduce dependence upon foreign LANDRIEU, Mr. DEWINE, Ms. SNOWE, members of the Reserve and the National oil, to support the deployment of new cli- Mr. COCHRAN, Mr. VITTER , Mr. BAYH, Guard, and for other purposes; to the Com- mate change-related technologies, and en- and Mr. SMITH): mittee on Finance. sure benefits to consumers; to the Com- S. 1132. A bill to amend the Public Health By Mr. ENZI: mittee on Environment and Public Works. Service Act, the Employee Retirement In- S. 1143. A bill to provide death and dis- By Ms. SNOWE (for herself, Mr. KERRY, come Security Act of 1974, and the Internal ability benefits for aerial firefighters who Mr. SMITH, and Ms. COLLINS): Revenue Code of 1986 to require that group work on a contract basis for a public agency S. 1152. A bill to amend title XVIII of the and individual health insurance coverage and and suffer death or disability in the line of Social Security Act to eliminate discrimina- group health plans provide coverage for duty, and for other purposes; to the Com- tory copayment rates for outpatient psy- treatment of a minor child’s congenital or mittee on the Judiciary. chiatric services under the Medicare Pro- developmental deformity or disorder due to By Mrs. CLINTON: gram; to the Committee on Finance. trauma, infection, tumor, or disease; to the S. 1144. A bill to provide military retire- By Mr. BUNNING (for himself and Mr. Committee on Health, Education, Labor, and ment credit for certain service by National THOMAS): Pensions. Guard members performed while in a State S. 1153. A bill to provide Federal financial By Mr. BYRD (for himself, Mr. ROCKE- duty status immediately after the terrorist incentives for deployment of advanced coal- FELLER, and Mr. SPECTER): attacks of September 11, 2001; to the Com- based generation technologies; to the Com- S. 1133. A bill to authorize the Secretary of mittee on Armed Services. mittee on Finance. Energy to develop and implement an acceler- By Mr. KENNEDY (for himself, Mr. By Ms. COLLINS (for herself and Ms. ated research, development, and demonstra- SPECTER, Mr. SMITH, Mr. LEAHY, Ms. SNOWE): tion program for advanced clean coal tech- COLLINS, Mr. LIEBERMAN, Ms. SNOWE, S. 1154. A bill to extend the Acadia Na- nologies for use in coal-based generation fa- Mr. WYDEN, Mr. JEFFORDS, Mr. SCHU- tional Park Advisory Commission, to provide cilities and to provide financial incentives to MER, Mr. CHAFEE, Mr. AKAKA, Mr. EN- improved visitor services at the park, and for encourage the early commercial deployment SIGN, Mr. BAYH, Mr. BIDEN, Mr. other purposes; to the Committee on Energy of advanced clean coal technologies through BINGAMAN, Mrs. BOXER, Ms. CANT- and Natural Resources.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6022 CONGRESSIONAL RECORD — SENATE May 26, 2005 By Mr. BROWNBACK (for himself, Mr. S. Res. 158. A resolution expressing the REID), the Senator from New York ALEXANDER, Mr. ALLARD, Mr. BUN- sense of the Senate that the President (Mrs. CLINTON), the Senator from New NING, Mr. CHAMBLISS, Mr. COBURN, should designate the week beginning Sep- Jersey (Mr. LAUTENBERG), the Senator Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, tember 11, 2005, as ‘‘National Historically from New York (Mr. SCHUMER), the Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Black Colleges and Universities Week’’; to UR Mr. GRAHAM, Mrs. HUTCHISON, Mr. the Committee on the Judiciary. Senator from Washington (Mrs. M - INHOFE, Mr. ISAKSON, Mr. MCCAIN, By Mr. INHOFE (for himself and Mr. RAY), the Senator from South Carolina Mr. SANTORUM, Mr. SESSIONS, Mr. COBURN): (Mr. DEMINT) and the Senator from SUNUNU, Mr. TALENT, and Mr. S. Res. 159. A resolution recognizing the Maryland (Ms. MIKULSKI) were added as THUNE): 50th anniversary of the Oklahoma Inde- cosponsors of S. 392, a bill to authorize S. 1155. A bill to establish a commission to pendent Petroleum Association and its mem- the President to award a gold medal on conduct a comprehensive review of Federal bers vital contribution to the oil and gas in- behalf of Congress, collectively, to the agencies and programs and to recommend dustry of the United States; considered and the elimination or realignment of duplica- agreed to. in recognition of tive, wasteful, or outdated functions, and for By Mrs. CLINTON (for herself and Mr. their unique military record, which in- other purposes; to the Committee on Home- HAGEL): spired revolutionary reform in the land Security and Governmental Affairs. S. Con. Res. 39. A concurrent resolution to Armed Forces. By Mr. HATCH: express the sense of Congress on the Purple S. 418 S. 1156. A bill to amend the Internal Rev- Heart; to the Committee on Armed Services. At the request of Mrs. CLINTON, the enue Code of 1986 to extend the credit period By Mr. LUGAR: for electricity produced from renewable re- S. Con. Res. 40. A concurrent resolution name of the Senator from Illinois (Mr. sources at certain facilities, to extend the recognizing and commending the President DURBIN) was added as a cosponsor of S. credit for electricity produced from certain and the governments of other countries that 418, a bill to protect members of the renewable resources, and for other purposes; have participated in the Proliferation Secu- Armed Forces from unscrupulous prac- to the Committee on Finance. rity Initiative for the historic efforts and tices regarding sales of insurance, fi- By Mr. CRAPO (for himself, Mr. REID, successes of the Proliferation Security Ini- nancial, and investment products. Mr. ALLARD, Mr. BAUCUS, Mr. CRAIG, tiative in reducing the threat posed by illicit S. 438 and Mr. ENSIGN): trafficking in weapons of mass destruction, S. 1157. A bill to amend the Internal Rev- their means of delivery, and related mate- At the request of Mr. ENSIGN, the enue Code of 1986 to treat gold, silver, plat- rials, on the occasion of the second anniver- name of the Senator from Massachu- inum, and palladium, in either coin or bar sary of the establishment of the Prolifera- setts (Mr. KENNEDY) was added as a co- form, in the same manner as equities and tion Security Initiative; to the Committee sponsor of S. 438, a bill to amend title mutual funds for purposes of maximum cap- on Foreign Relations. XVIII of the Social Security Act to re- ital gains rate for individuals; to the Com- f peal the medicare outpatient rehabili- mittee on Finance. By Mr. KENNEDY (for himself, Mr. ADDITIONAL COSPONSORS tation therapy caps. S. 593 AKAKA, and Mr. LAUTENBERG): S. 20 S. 1158. A bill to impose a 6-month morato- At the request of Mr. REID, the name At the request of Ms. COLLINS, the rium on terminations of certain plans insti- names of the Senator from Alabama tuted under section 4042 of the Employee Re- of the Senator from Delaware (Mr. (Mr. SESSIONS) and the Senator from tirement Income Security Act of 1974 in CARPER) was added as a cosponsor of S. cases in which reorganization of contrib- 20, a bill to expand access to preventive Virginia (Mr. ALLEN) were added as co- uting sponsors is sought in bankruptcy or in- health care services that help reduce sponsors of S. 593, a bill to amend title solvency proceedings; to the Committee on unintended pregnancy, reduce the num- VII of the Tariff Act of 1930 to provide Health, Education, Labor, and Pensions. ber of abortions, and improve access to that the provisions relating to counter- By Mr. HATCH (for himself, Mr. BAU- women’s health care. vailing duties apply to nonmarket CUS, Mr. SMITH, Mr. SCHUMER, Mr. economy countries. CRAPO, Mr. LOTT, Mr. KYL, and Mrs. S. 103 S. 603 LINCOLN): At the request of Mrs. FEINSTEIN, the S. 1159. A bill to amend the Internal Rev- name of the Senator from New York At the request of Ms. LANDRIEU, the enue Code of 1986 to permanently extend the (Mrs. CLINTON) was added as a cospon- name of the Senator from Kansas (Mr. subpart F exemption for active financing; to sor of S. 103, a bill to respond to the il- BROWNBACK) was added as a cosponsor the Committee on Finance. legal production, distribution, and use of S. 603, a bill to amend the Consumer By Mr. SMITH (for himself, Mrs. LIN- of methamphetamine in the United Credit Protection Act to assure mean- COLN, Mr. ROCKEFELLER, and Mr. ingful disclosures of the terms of rent- KERRY): States, and for other purposes. S. 1160. A bill to amend the Internal Rev- S. 313 al-purchase agreements, including dis- enue Code of 1986 to restore, increase, and At the request of Mr. LUGAR, the closures of all costs to consumers make permanent the exclusion from gross in- name of the Senator from Florida (Mr. under such agreements, to provide cer- come for amounts received under qualified MARTINEZ) was added as a cosponsor of tain substantive rights to consumers group legal services plan; to the Committee under such agreements, and for other on Finance. S. 313, a bill to improve authorities to address urgent nonproliferation crises purposes. f and United States nonproliferation op- S. 642 SUBMISSION OF CONCURRENT AND erations. At the request of Mr. FRIST, the SENATE RESOLUTIONS S. 327 names of the Senator from Alaska (Ms. The following concurrent resolutions At the request of Mrs. LINCOLN, the MURKOWSKI) and the Senator from Ari- and Senate resolutions were read, and name of the Senator from Maryland zona (Mr. KYL) were added as cospon- referred (or acted upon), as indicated: (Ms. MIKULSKI) was added as a cospon- sors of S. 642, a bill to support certain national youth organizations, includ- By Mr. COBURN (for himself and Mr. sor of S. 327, a bill to amend the Inter- INHOFE): nal Revenue Code of 1986 to expand the ing the Boy Scouts of America, and for S. Res. 157. A resolution congratulating tip credit to certain employers and to other purposes. Carrie Underwood for winning the ‘‘Amer- promote tax compliance. S. 793 ican Idol’’ television program and thanking S. 333 At the request of Mr. DURBIN, the her for being a positive role model; to the names of the Senator from Iowa (Mr. Committee on the Judiciary . At the request of Mr. SANTORUM, the By Mr. GRAHAM (for himself, Mr. names of the Senator from Mississippi HARKIN) and the Senator from New Jer- ALLARD, Mr. ALLEN, Mr. BAYH, Mr. (Mr. LOTT) and the Senator from Ohio sey (Mr. LAUTENBERG) were added as BUNNING, Mr. CHAMBLISS, Mr. COCH- (Mr. DEWINE) were added as cosponsors cosponsors of S. 793, a bill to establish RAN, Mr. DEMINT, Mr. DEWINE, Mrs. of S. 333, a bill to hold the current re- national standards for discharges from DOLE, Mr. DODD, Mr. DURBIN, Mrs. gime in Iran accountable for its threat- cruise vessels into the waters of the HUTCHISON, Mr. ISAKSON, Mr. KERRY, ening behavior and to support a transi- United States, and for other purposes. Ms. LANDRIEU, Mr. LOTT, Ms. MIKUL- tion to democracy in Iran. S. 844 SKI, Mr. SANTORUM, Mr. SESSIONS, Mr. SPECTER, Mr. TALENT, Mr. VOINOVICH, S. 392 At the request of Mr. REID, the name Mr. SCHUMER, Mr. BROWNBACK, Mr. At the request of Mr. LEVIN, the of the Senator from California (Mrs. OBAMA, and Mr. BURR): names of the Senator from Nevada (Mr. BOXER) was added as a cosponsor of S.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6023 844, a bill to expand access to preven- S. 1081 kansas (Mrs. LINCOLN) was added as a tive health care services that help re- At the request of Ms. STABENOW, the cosponsor of amendment No. 762 in- duce unintended pregnancy, reduce the name of the Senator from Minnesota tended to be proposed to S. 1042, an number of abortions, and improve ac- (Mr. DAYTON) was added as a cosponsor original bill to authorize appropria- cess to women’s health care. of S. 1081, a bill to amend title XVIII of tions for fiscal year 2006 for military S. 935 the Social Security Act to provide for activities of the Department of De- At the request of Mrs. FEINSTEIN, the a minimum update for physicians’ serv- fense, for military construction, and name of the Senator from Michigan ices for 2006 and 2007. for defense activities of the Depart- (Mr. LEVIN) was added as a cosponsor of S. 1110 ment of Energy, to prescribe personnel S. 935, a bill to regulate .50 caliber At the request of Mr. ALLEN, the strengths for such fiscal year for the sniper weapons designed for the taking name of the Senator from Alaska (Mr. Armed Forces, and for other purposes. of human life and the destruction of STEVENS) was added as a cosponsor of f materiel, including armored vehicles S. 1110, a bill to amend the Federal STATEMENTS ON INTRODUCED and components of the Nation’s critical Hazardous Substances Act to require BILLS AND JOINT RESOLUTIONS infrastructure. engine coolant and antifreeze to con- S. 936 tain a bittering agent in order to By Mr. LUGAR (for himself and At the request of Mr. LEAHY, the render the coolant or antifreeze Mr. HAGEL): name of the Senator from Montana unpalatable. S. 1129. A bill to provide authoriza- (Mr. BURNS) was added as a cosponsor S. 1112 tions of appropriations for certain de- of S. 936, a bill to ensure privacy for e- At the request of Mr. GRASSLEY, the velopment banks, and for other pur- mail communications. name of the Senator from Mississippi poses; to the Committee on Foreign (Mr. COCHRAN) was added as a cospon- S. 962 Relations. sor of S. 1112, a bill to make permanent Mr. LUGAR. Mr. President, I rise At the request of Mr. GRASSLEY, the the enhanced educational savings pro- name of the Senator from Indiana (Mr. today to introduce legislation author- visions for qualified tuition programs izing replenishment of funds to three of LUGAR) was added as a cosponsor of S. enacted as part of the Economic 962, a bill to amend the Internal Rev- the five multilateral development Growth and Tax Relief Reconciliation enue Code of 1986 to allow a credit to banks, as requested by the U.S. Depart- Act of 2001. holders of qualified bonds issued to fi- ment of the Treasury. In addition, this nance certain energy projects, and for S. 1120 legislation includes a long list of re- At the request of Mr. DURBIN, the other purposes. form measures, intended to bring about name of the Senator from Ohio (Mr. transparency and accountability at all S. 985 DEWINE) was added as a cosponsor of S. of the MDBs—the World Bank, the Af- At the request of Mrs. CLINTON, the 1120, a bill to reduce hunger in the rican Development Bank, the Asian name of the Senator from Louisiana United States by half by 2010, and for Bank, the Inter-American Bank and (Ms. LANDRIEU) was added as a cospon- other purposes. the European Bank for Reconstruction sor of S. 985, a bill to establish kinship S. 1127 and Development. navigator programs, to establish kin- At the request of Ms. SNOWE, the The World Bank, was the first MDB ship guardianship assistance payments name of the Senator from Montana to be established in 1944, followed by for children, and for other purposes. (Mr. BAUCUS) was added as a cosponsor the African Development Bank, 1964 S. 1049 of S. 1127, a bill to require the Sec- and the Asian Development Bank, 1966. At the request of Mr. FRIST, the retary of Defense to submit to Con- The shared original purpose of the name of the Senator from gress all documentation related to the three banks was to encourage economic (Mr. BOND) was added as a cosponsor of Secretary’s recommendations for the development and reduce poverty in ge- S. 1049, a bill to amend title XXI of the 2005 round of defense base closure and ographic regions impacted by the re- Social Security Act to provide grants realignment. spective institutions. to promote innovative outreach and S.J. RES. 18 I support the original operating pur- enrollment under the medicaid and At the request of Mr. MCCONNELL, pose of the banks. However, I am deep- State children’s health insurance pro- the name of the Senator from Maine ly concerned that massive amounts of grams, and for other purposes. (Ms. COLLINS) was added as a cosponsor funds are not utilized as originally in- S. 1055 of S.J. Res. 18, a joint resolution ap- tended, due to diversion of those funds. At the request of Mr. KENNEDY, the proving the renewal of import restric- In 2003, I received information from names of the Senator from Iowa (Mr. tions contained in the Burmese Free- credible sources within the MDBs al- HARKIN), the Senator from Maryland dom and Democracy Act of 2003. leging corruption on various fronts. As (Ms. MIKULSKI), the Senator from S. CON. RES. 20 a result, I instructed staff of the Sen- Vermont (Mr. JEFFORDS), the Senator At the request of Mr. COCHRAN, the ate Foreign Relations Committee to from New Mexico (Mr. BINGAMAN), the name of the Senator from New Jersey commence collecting information on Senator from Washington (Mrs. MUR- (Mr. CORZINE) was added as a cosponsor the anti-corruption strategies, and suc- RAY), the Senator from Rhode Island of S. Con. Res. 20, a concurrent resolu- cesses of each bank. (Mr. REED) and the Senator from New tion expressing the need for enhanced Based on the initial findings, I York (Mrs. CLINTON) were added as co- public awareness of traumatic brain in- launched an investigation, reviewing sponsors of S. 1055, a bill to improve el- jury and support for the designation of corruption at the banks and their ef- ementary and secondary education. a National Brain Injury Awareness forts to combat it. To date, I have S. 1062 Month. chaired four hearings and sent letters At the request of Mr. KENNEDY, the S. RES. 153 of inquiry regarding individual projects name of the Senator from Delaware At the request of Mr. SESSIONS, the to the bank presidents. Committee (Mr. CARPER) was added as a cosponsor name of the Senator from Wyoming staff have interviewed scores of NGO of S. 1062, a bill to amend the Fair (Mr. THOMAS) was added as a cosponsor representatives, bank insiders, aca- Labor Standards Act of 1938 to provide of S. Res. 153, a resolution expressing demics and others, and have visited for an increase in the Federal min- the support of Congress for the obser- problem projects in six countries. Far imum wage. vation of the National Moment of Re- too often, projects intended to boost S. 1075 membrance at 3:00 pm local time on economic development are derailed, At the request of Mr. THUNE, the this and every Memorial Day to ac- and the poor suffer, unable to realize names of the Senator from New Jersey knowledge the sacrifices made on the projected benefits in quality health (Mr. LAUTENBERG) and the Senator behalf of all Americans for the cause of care, clean water and education. from West Virginia (Mr. ROCKEFELLER) liberty. While the United States is one of doz- were added as cosponsors of S. 1075, a AMENDMENT NO. 762 ens of donors, the financial contribu- bill to postpone the 2005 round of de- At the request of Mr. NELSON of Flor- tion of American taxpayers over the fense base closure and realignment. ida, the name of the Senator from Ar- years to these three institutions alone

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6024 CONGRESSIONAL RECORD — SENATE May 26, 2005 exceeds $30 billion. The Congress has are especially severe on the poor, who are ate and the Committee on International Re- an obligation to our own citizens, as hardest hit by economic decline, are most re- lations and the Committee on Financial well as the intended beneficiaries of liant on the provision of public services, and Services of the House of Representatives. MDB projects, to press for trans- are least capable of paying the extra costs (2) GROUP OF 7.—The term ‘‘Group of 7’’ associated with bribery, fraud, and the mis- means Canada, France, Germany, Italy, parency and accountability in the appropriation of economic privileges. Japan, the United Kingdom, and the United banks’ operations. (6) In hearings before the Foreign Rela- States. Through adoption of the package of tions Committee of the Senate, it was dem- (3) GROUP OF 8.—The term ‘‘Group of 8’’ reforms I propose, the United States onstrated that— means the Group of 7 and Russia. would set an example for other donor (A) significant multilateral development (4) MULTILATERAL DEVELOPMENT BANKS.— countries, encouraging their officials bank funding has been lost to corruption and The term ‘‘multilateral development banks’’ to also press for transparency and ac- it is difficult to ascertain such amount pre- means the African Development Bank, the countability. cisely, in part because the multilateral de- Asian Development Bank, the European I am pleased there is good news to re- velopment banks have not implemented pro- Bank for Reconstruction and Development, cedures to calculate such amounts, either in the Inter-American Development Bank, the port. The World Bank has embarked on the aggregate or on a country basis; World Bank, and any subsidiary or affiliate an anti-corruption voluntary coopera- (B) the multilateral development banks of such institutions. tion initiative, based in part on the are taking action to address fraud and cor- (5) PERSON.—The term ‘‘person’’ includes a Pentagon’s anticorruption efforts. In ruption but additional measures remain to government, a government-controlled enti- addition, leading government officials be carried out; ty, a corporation, a company, an association, from Italy, Spain and other countries (C) the capability of anti-corruption mech- a firm, a partnership, a society, and a joint have contacted the Committee, asking anisms are not consistent among the multi- stock company, as well as an individual. for more information about our review, lateral development banks and divergences (6) SECRETARY.—Except as otherwise pro- in anti-corruption policies exist that may vided, the term ‘‘Secretary’’ means the Sec- and comparing strategies on ways of hinder coordination on fighting corruption; retary of the Treasury. improving bank transparency. Finally, (D) weaknesses in policy and (7) WORLD BANK.—The term ‘‘World Bank’’ we have witnessed incremental im- practice exist at the multilateral develop- means the International Bank for Recon- provements of greater transparency ment banks, to varying degree, that impede struction and Development, the Inter- among the banks as a result of the anti-fraud and anti-corruption efforts; national Development Association, the Committee’s ongoing work. (E) greater transparency is necessary to International Finance Corporation, and the However, there is more to accom- provide effective development aid; Multilateral Investment Guarantee Agency plish. This substantive package of re- (F) the Secretary of the Treasury encour- and any subsidiary or affiliate of such insti- forms is based on our findings to date, ages anti-corruption efforts at the multilat- tutions. eral development banks and reviews loans and the input of many who support the SEC. 4. REFORMS. made by such banks, however, the United (a) AUTHORITY.—The Secretary is author- original stated purpose of the multilat- States has limited ability to investigate the ized to seek the creation of a pilot program eral development banks. misuse of funds from such banks; and that establishes an Anti-Corruption Trust at The Committee’s oversight work con- (G) in some cases, the countries bearing the World Bank, as described in this section. tinues, with the goal of enduring re- the cost of prosecuting corruption related to (b) PURPOSES.—The purposes of the Anti- sults. the multilateral development banks are the Corruption Trust pilot program shall in- I ask unanimous consent that the countries that can least afford such costs, clude— text of the bill be printed in the for example, the Government of Lesotho in- (1) to assist poor countries in investiga- curred considerable expense, despite com- tions and prosecutions of fraud and corrup- RECORD. tion related to a loan, grant, or credit of the There being no objection, the bill was peting priorities, such as those arising from an HIV/AIDS rate of more than 25 percent in World Bank; and ordered to be printed in the RECORD, as that country, to investigate and prosecute (2) to determine whether such a program follows: fraud and corruption related to a project should be carried out at other multilateral S. 1129 that received funding from the World Bank development banks. Be it enacted by the Senate and House of Rep- and the World Bank did not contribute (c) REPAYMENT OF FUNDS.—If a poor coun- resentatives of the United States of America in money towards the prosecution or investiga- try assesses a fine or receives any renumera- Congress assembled, tion. tion as part of a prosecution paid for with SECTION 1. SHORT TITLE. (7) The General Accounting Office issued a funds from the Anti-Corruption Trust pilot This Act may be cited as the ‘‘Develop- report in 2001 that evaluated the external program, such country shall repay the ment Bank Reform and Authorization Act of audit reporting of the African Development amount received from the Trust until the 2005’’. Bank, the Asian Development Bank, the Eu- total amount received by such country is re- paid. SEC. 2. FINDINGS. ropean Bank for Reconstruction and Devel- opment, and the Inter-American Develop- (d) MONITORING.—The Secretary shall be Congress makes the following findings: responsible for establishing a system for (1) The United States has strong national ment Bank and a report in 2000 that evalu- ated the internal controls of the World Bank, monitoring the disbursement and use of security and humanitarian interests in alle- funds from the Anti-Corruption Trust pilot and recommended measures to strengthen viating poverty and promoting development program and promoting access to such funds such audit reporting and controls. around the world. by poor countries that are challenged by the (8) The International Financial Institu- (2) The World Bank, the African Develop- high cost of investigating and prosecuting tions Advisory Commission (also known as ment Bank, the Asian Development Bank, corruption and fraud linked to a loan from, the ‘‘Meltzer Commission’’) concluded in the European Bank for Reconstruction and or a project funded by, the World Bank. 2000, among other things, that— Development, and the Inter-American Devel- (e) OTHER DONORS.—The Secretary shall (A) pressure to lend for lending’s sake is opment Bank leverage the resources that the encourage other donors to the multilateral built into the structure of the multilateral United States and other donors can devote to development banks to contribute funds to development banks; such goals. the Anti-Corruption Trust. (3) Contributions from the United States (B) although several of the multilateral de- (f) POOR COUNTRIES DEFINED.—In this sec- and other donors to the multilateral develop- velopment banks recognize this problem and tion, the term ‘‘poor countries’’ means coun- ment banks must be well managed so that have called attention to the need for change, tries eligible to borrow from the Inter- the mission of such banks is fully realized there is, at most, weak counterbalance to national Development Association, as such and not undermined by corruption. Bribes the pressure to lend; and eligibility is determined by gross national can influence important bank decisions on (C) the multilateral development banks’ product per capita, lack of creditworthiness projects and contractors and misuse of funds systems for project evaluation, performance to borrow on market terms, and good policy can inflate project costs, cause projects to evaluation, and project selection must be performance. fail, and undermine development effective- improved, and that such evaluation should (g) REPORTS.— ness. be a repetitive process spread over time, in- (1) REPORT ON IMPLEMENTATION.—Not later (4) Officials of the World Bank have identi- cluding many years after final disbursement than September 1, 2006, the Secretary shall fied corruption as the single greatest obsta- of funds. submit to the appropriate congressional cle to economic and social development. Cor- SEC. 3. DEFINITIONS. committees a report that describes the ac- ruption undermines development by dis- In this Act: tions taken to establish the Anti-Corruption torting the rule of law and weakening the in- (1) APPROPRIATE CONGRESSIONAL COMMIT- Trust as described in this section. stitutional foundation on which economic TEES.—The term ‘‘appropriate congressional (2) REPORT ON EVALUATION.—Not later than growth depends. committees’’ means the Committee on For- September 1, 2007, the Secretary shall submit (5) Officials of the World Bank have deter- eign Relations and the Committee on Bank- to the appropriate congressional committees mined that the harmful effects of corruption ing, Housing, and Urban Affairs of the Sen- a report that—

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(B) evaluates the feasibility of establishing and vote of the United States to implement ‘‘(3) Each multilateral development bank similar trusts at other multilateral develop- such policy. shall continue strengthening whistleblower ment banks. ‘‘(3) PUBLICATION POLICY.— policies at the bank to the level of emerging (h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The publication policy standards for national and international law There is authorized to be appropriated to the referred to in paragraph (2) is a policy that in the Sarbanes-Oxley Act of 2002 (15 U.S.C. Secretary such sums as may be necessary for each multilateral development bank shall— 7201 et seq.), the Inspector General Act of contribution on behalf of the United States ‘‘(i) make available to the public, including 1978 (5 U.S.C. App.), and the model approved to an Anti-Corruption Trust if a pilot pro- on the Internet Web site of such bank, the for member nations by the Organization of gram establishing such a Trust is established loan, credit, and grant documents, country American States to implement the Inter- as described in this section. assistance strategies, sector strategies, and American Convention Against Corruption, SEC. 5. PROMOTION OF POLICY GOALS AT MULTI- sector policies prepared by the bank that are done at Caracas on March 29, 1996. LATERAL DEVELOPMENT BANKS. to be presented for endorsement or approval ‘‘(4) All loan, credit, guarantee, and grant Title XV of the International Financial In- by the board of directors of the bank, 15 cal- documents and other agreements with bor- stitutions Act (22 U.S.C. 262o) is amended by endar days prior to the date that such docu- rowers shall include provisions for the finan- adding at the end the following: ment, strategy, or policy will be considered cial resources and conditionality necessary to ensure that a person who obtains financial ‘‘SEC. 1505. PROMOTION OF POLICY GOALS. by the board or, if not available at that time, support from a multilateral development ‘‘(a) DEFINITIONS.—In this section: at the time the documents are distributed to bank complies with applicable bank policies ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- the board; and national and international laws in car- TEES.—The term ‘appropriate congressional ‘‘(ii) make available to the public all draft rying out the terms and conditions of such committees’ means the Committee on For- country strategies 120 calendar days prior to documents and agreements, including bank eign Relations and the Committee on Bank- consideration of such strategies by the board policies and national and international laws ing, Housing, and Urban Affairs of the Sen- of directors of the bank; pertaining to the comprehensive assessment ate and the Committee on International Re- ‘‘(iii) make a concerted effort to distribute paper copies of the material referred to in and transparency of the activities supported, lations and the Committee on Financial such as those concerning public consulta- Services of the House of Representatives. clauses (i) and (ii) to communities affected by the documents referred to in such clauses; tion, access to information, public health, ‘‘(2) MULTILATERAL DEVELOPMENT BANKS.— safety, and environmental protection. The term ‘multilateral development banks’ ‘‘(iv) make available to the public, includ- ing on the Internet Web site of such bank, ‘‘(5) Each multilateral development bank means the African Development Bank, the shall develop clear procedures setting forth Asian Development Bank, the European the minutes of a meeting of the board of di- rectors of the bank, not later than 60 cal- the circumstances under which a person will Bank for Reconstruction and Development, be barred from receiving a loan, contract, the Inter-American Development Bank, the endar days after the date that the bank ap- proves the minutes of the board meeting; grant, or credit from such bank, shall make World Bank, and any subsidiary or affiliate such procedures available to the public, and of such institutions. ‘‘(v) make available to the public, includ- ing on the Internet Web site of such bank, a shall make the identities of such person ‘‘(3) PERSON.—The term ‘person’ includes a available to the public. summary of discussion of the meeting of the government, a government-controlled enti- ‘‘(6) Each multilateral development bank board of directors of the bank, not later than ty, a corporation, a company, an association, shall coordinate policies across international 90 calendar days after the date of the meet- a firm, a partnership, a society, and a joint institutions on issues including debarment, ing; stock company, as well as an individual. cross-debarment, procurement and consult- ‘‘(vi) keep a written transcript or elec- ‘‘(4) SECRETARY.—Except as otherwise pro- ant guidelines, and fiduciary standards so tronic recording of each meeting of its board vided, the term ‘Secretary’ means the Sec- that a person that is debarred by one multi- of directors and preserve the transcript or retary of the Treasury. lateral development bank is automatically recording for not less than 10 years after the ‘‘(5) WORLD BANK.—The term ‘World Bank’ declared ineligible to conduct business with date of such meeting; and means the International Bank for Recon- the other multilateral development banks ‘‘(vii) make available to the public a writ- struction and Development, the Inter- during the specified ineligibility period. ten transcript or an electronic recording of a national Development Association, the ‘‘(d) ANTI-CORRUPTION PRACTICES.— meeting of the board of directors of the bank International Finance Corporation, and the ‘‘(1) VOICE AND VOTE.—The Secretary shall Multilateral Investment Guarantee Agency, during the 5-year period beginning on the instruct the United States Executive Direc- and any subsidiary or affiliate of such insti- date that is 5 years after the date of the tor at each multilateral development bank tutions. meeting. to inform the bank of the United States anti- ‘‘(b) TRANSPARENCY.— ‘‘(B) REDACTED MATERIAL.—The president corruption policy described in paragraph (2), ‘‘(1) PUBLICATION OF STATEMENTS.— of a multilateral development bank may re- and use the voice and vote of the United ‘‘(A) IN GENERAL.—Not later than 60 cal- dact material from the material to be made States to implement such policy at the bank. available under subparagraph (A) if the endar days after a meeting of the board of di- ‘‘(2) ANTI-CORRUPTION POLICY.—The anti- rectors of a multilateral development bank, president of a multilateral development corruption policy referred to in paragraph (1) the Secretary shall provide for publication bank determines such material is too sen- is the United States policy that a person on the Internet Web site of the Department sitive for public distribution. that receives money from a multilateral de- of the Treasury of— ‘‘(c) STRENGTHENING DEVELOPMENT BANK velopment bank shall sign a code of conduct ‘‘(i) the justification for each vote by the ADMINISTRATION.—The Secretary shall in- that embodies the standards set out in sec- United States Executive Director at the mul- struct the United States Executive Director tion 104 of the Foreign Corrupt Practices Act tilateral development bank on any matter at each multilateral development bank to in- of 1977 (15 U.S.C. 78dd–2), and that prohibits before the board of directors of the bank; and form the bank of, and use the voice and vote such person from corruptly in furtherance of ‘‘(ii) any written statement presented at of the United States to achieve at the bank, an offer, payment, promise to pay, or author- the meeting by such United States Executive the following United States policy goals: ization of the payment of any money, or Director at the bank concerning— ‘‘(1) Each multilateral development bank offer, gift, promise to give, or authorization ‘‘(I) a lending, grant, or guarantee oper- shall require mandatory financial disclosure of the giving of anything of value to any offi- ation which would result or be likely to re- of any possible or apparent conflict of inter- cial for purposes, directly or indirectly— sult in significant social or environmental est by each employee of the bank, consultant ‘‘(A)(i) influencing any act or decision of effects; to the bank, or independent expert to the such official in his or her official capacity; ‘‘(II) an institutional policy or strategy of bank whose duties and responsibilities in- ‘‘(ii) supporting any political party, polit- the bank that generates significant public clude, through decision or the exercise of ical entity, any official of a political party, interest, including operational policies and judgment, the taking of any action regard- or any candidate for political office; sector or thematic strategies; ing— ‘‘(iii) inducing such official to do or omit ‘‘(III) a project on which a claim has been ‘‘(A) contracting or procurement; to do any act in violation of the lawful duty made to the inspection mechanism of the ‘‘(B) developing, administering, managing, of such official; or bank; or or monitoring loans, grants, programs, ‘‘(iv) securing any improper advantage; or ‘‘(IV) a case pending before the inspection projects, subsidies, or other conferred finan- ‘‘(B) inducing such official to use the offi- mechanism of the bank. cial or operational benefits provided by the cial’s influence with a government or instru- ‘‘(B) REDACTED MATERIAL.—The Secretary bank; or mentality thereof, to affect or influence any may redact material from the material to be ‘‘(C) evaluating or auditing any project, act or decision of such government or instru- made available under subparagraph (A) if the program or entity. mentality, Secretary determines such material is too ‘‘(2) Each multilateral development bank in order to assist such person in obtaining or sensitive for public distribution. shall reform the ‘pressure to lend’ incentive retaining business for or with, or directing ‘‘(2) VOICE AND VOTE.—The Secretary shall structure at such bank by linking project de- business to, any other person. instruct the United States Executive Direc- sign and implementation to staff perform- ‘‘(e) STRENGTHENING DEVELOPMENT BANK tor at each multilateral development bank ance appraisals and shall require that staff AUDITING.—

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‘‘(1) VOICE AND VOTE.—The Secretary shall per year as a percentage of total projects tar sands, coal, any metal, mineral, or tim- instruct the United States Executive Direc- carried out. ber; tor at each multilateral development bank ‘‘(2) Each multilateral development bank ‘‘(B) the independent auditing of such pay- to inform the bank of, and use the voice and shall require that all loans, grants, credits, ments and such revenues by a credible, inde- vote of the United States to achieve at the policies, and strategies, including budget pendent auditor, applying international au- bank, the following United States policy support, prepared by the bank include spe- diting standards, and the widespread regular goals: cific outcome and output indicators to meas- public dissemination of the auditor’s find- ‘‘(A) Each multilateral development bank ure results, and that the indicators and re- ings, including a reconciliation of aggregate shall— sults be published periodically during the payments and revenues; ‘‘(i) establish an independent Office of an execution and at the completion of the ap- ‘‘(C) verifying such revenues against the Inspector General, establish or strengthen an propriate project or program, and at the records for such payments made by each per- independent auditing function at the bank, number of years after such completion deter- son, including widespread dissemination of and require that the Inspector General and mined to be appropriate for such loan, grant, aggregate payment information in a manner the auditing function report directly to the credit, policy, or strategy. that protects proprietary information, that board of directors of the bank; and ‘‘(3) Each multilateral development bank observes the law of the borrowing country, ‘‘(ii) adopt and implement an internation- shall promote rigorous evaluation of projects and that the person determines does not ally recognized internal controls framework, and policies to ensure that the intent of such cause substantial competitive harm; allocate adequate staffing to auditing and projects and policies is realized. Such a bank ‘‘(D) making available to the public all supervision, require external audits of inter- shall favor grants and loans to applicants contracts between the government of such nal controls, and external and forensic au- who agree, in consultation with an inde- country or any person owned or controlled dits of loans where fraud is suspected. pendent evaluator or evaluators, to design by such government, and any person that is ‘‘(B) Each multilateral development bank projects to facilitate the evaluation of out- engaged in the extraction or export of nat- shall establish a plan and schedule for con- comes. Rigorous evaluations shall measure ural resources through a project or program ducting regular, independent audits of inter- the impact on those served by a loan, grant, supported by a bank, unless the person deter- nal management controls and procedures for or credit and shall have a carefully con- mines such disclosure would cause substan- meeting operational objectives, complying structed comparison group to help measure tial competitive harm; with the policies of such bank, and pre- the impacts of the loan, grant, or credit. ‘‘(E) applying the revenue transparency ap- venting fraud, and making reports describing ‘‘(h) QUALIFICATION POLICY.— proach described in this paragraph equally the scope and findings of such audits avail- ‘‘(1) VOICE AND VOTE.—The Secretary shall and fully to all extractive industry compa- able to the public. instruct the United States Executive Direc- nies operating in the country, including ‘‘(C) Each multilateral development bank tor at each multilateral development bank state-owned entities; and shall establish effective procedures for the to encourage the bank to implement the ‘‘(F) establishing a legal framework for receipt, retention, and treatment of— qualification policy for borrowing countries disclosure of payments from a person or con- ‘‘(i) complaints received by the bank re- described in paragraph (2), and use the voice tracts with a person and outlining the level garding fraud, accounting, mismanagement, and vote of the United States to achieve and extent of disclosure or payment informa- internal accounting controls, or auditing such policy at each bank. tion by companies in the extractive indus- tries. matters; and ‘‘(2) QUALIFICATION POLICY FOR BORROWING ‘‘(2) REQUIREMENTS FOR OTHER NATURAL RE- ‘‘(ii) the confidential, anonymous submis- COUNTRIES.—The qualification policy for bor- SOURCE ASSISTANCE.—The Secretary shall in- sion, particularly by employees of the bank, rowing countries referred to in paragraph (1) form the management of each multilateral of concerns regarding fraud, accounting, is a policy that requires, in addition to the development bank and the public that it is mismanagement, internal accounting con- standards in effect on the date of the enact- the policy of the United States that any as- trols, or auditing matters. ment of the Development Bank Reform and sistance, including any investment, loan, or ‘‘(D) Each multilateral development bank Authorization Act of 2005, each multilateral guarantee, provided by such a bank to pri- shall post on the Internet Web site of such development bank to qualify a country for budget support, adjustment lending, policy vate sector sponsors for the extraction or ex- bank an annual report containing statistical port of natural resources in a resource-de- summaries and case studies of the fraud and lending for non-project loans, grants, or credits, or other loans directed to the coun- pendent country shall only be provided if the corruption cases pursued by the bank’s in- government of the country has in place or is vestigations unit. try’s budget based on transparency in pro- curement and fiduciary requirements and re- taking necessary steps to establish the func- ‘‘(f) COMPENSATION PACKAGES FOR PEOPLE tioning systems described in subparagraphs NEGATIVELY AFFECTED BY DEVELOPMENT quiring the borrowing country to make its budget available to the public before funds (A) through (F) in paragraph (1) and if the BANK PROJECTS.— private sector sponsors of such projects pub- ‘‘(1) VOICE AND VOTE.—The Secretary shall are disbursed to that country. ‘‘(i) MICROFINANCE AND BUSINESS DEVELOP- licly disclose revenue payments made to the instruct the United States Executive Direc- MENT.—The Secretary shall inform the man- government of such country, in accordance tor at each multilateral development bank agement of each multilateral development with the laws of such country regarding the to inform the bank of the United States pol- bank and the public that it is the policy of required level and extent of such disclosure. icy goals related to compensation described the United States to encourage microfinance ‘‘(3) COMPLIANCE WITH TRANSPARENCY in paragraph (2), and use the voice and vote services for the poor and very poor (as that GUIDELINES PRIOR TO APPROVAL OF ASSIST- of the United States to implement such pol- term is defined in section 259 of the Foreign ANCE.—In furtherance of the policy described icy at the bank. Assistance Act of 1961 (22 U.S.C. 2214a)), and in paragraph (1), not later than 2 years after ‘‘(2) COMPENSATION POLICY.—The compensa- micro-, small-, and medium-enterprise devel- the date of the enactment of the Develop- tion policy referred to in paragraph (1) is a opment programs, particularly in a country ment Bank Reform and Authorization Act of policy that each multilateral development where the government of such country ranks 2005, the Secretary shall inform the manage- bank shall, for each project funded by the poorly in the World Bank Institute’s govern- ment of each multilateral development bank bank where compensation, including reset- ance indicators. and the public that it is the policy of the tlement or rehabilitation assistance, is to be ‘‘(j) RESOURCE DEPENDENT COUNTRY REV- United States that any assistance by such a provided to persons adversely impacted by ENUE TRANSPARENCY.— bank, including any investment, loan, credit, the project, require that an independent ‘‘(1) REQUIREMENTS FOR RESOURCE ASSIST- grant, or guarantee, other than humani- mechanism be established for, or included in ANCE FOR A GOVERNMENT.—The Secretary tarian assistance, assistance to address HIV/ the design of, the project to receive and adju- shall inform the management of each multi- AIDS, tuberculosis, or malaria or to provide dicate complaints from a person who is eligi- lateral development bank and the public food, to any government of a resource-de- ble for compensation if such person, not that it is the policy of the United States that pendent country or for any project located in more than 6 years after the date of the com- any assistance provided by a such bank in- such country, shall not be provided unless pletion of the project, finds that the com- cluding any investment, loan, credit, grant, the bank, prior to the approval of such as- pensation is either inadequate or improperly or guarantee, to a government of a resource- sistance, has— implemented. dependent country or for any project located ‘‘(A) determined that the government has ‘‘(g) EVALUATION.—The Secretary shall in- in a resource-dependent country, other than in place the systems described in subpara- struct the United States Executive Director humanitarian assistance, assistance to ad- graphs (A) through (F) of paragraph (1), at each multilateral development bank to in- dress HIV/AIDS, tuberculosis, malaria or based on all information that is relevant, ap- form the bank of, and use the voice and vote food aid, may not be provided unless the gov- plicable and reasonably available to the of the United States to achieve at the bank, ernment has in place or is taking the nec- bank, including, the views of other inter- the following goals: essary steps to establish functioning systems national financial institutions active in such ‘‘(1) Each multilateral development bank for— country and the views of civil society organi- shall make the results of project and non- ‘‘(A) accurately accounting for all revenues zations that are active within and outside project operations evaluations available to received by a borrowing government from a such country; the public, including through the Internet person and all payments to a government in ‘‘(B) determined that private sector spon- Web site of the bank and including informa- connection with the extraction or export of sors of projects for the extraction and export tion on the quantity of projects evaluated natural resources, such as gas, oil, oil shale, of natural resources have agreed to publicly

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6027 disclose revenue payments to host govern- (2) the Secretary should seek to conclude thorized by paragraph (1) shall be effective ments; and memorandums of understanding with the only to such extent or in such amounts as ‘‘(C) made available to the public the find- multilateral development banks to ensure are provided in advance in appropriations ings and conclusions identifying the infor- that the United States will have access to Acts. mation taken into consideration in making documents related to information described ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— such determinations and the reasons for such in paragraph (1); and For the contribution authorized by sub- determinations. (3) the Secretary of the Treasury should fa- section (a), there are authorized to be appro- ‘‘(4) RESOURCE-DEPENDENT COUNTRY DE- cilitate access by the Comptroller General of priated, without fiscal year limitation, FINED.—In this subsection, the term ‘re- the United States to the financial informa- $407,000,000 for payment by the Secretary of source-dependent country’ means a country tion described in paragraph (1). the Treasury.’’. that has— (b) REPORT ON EFFECTIVENESS OF MULTI- (c) ASIAN DEVELOPMENT FUND OF THE ASIAN ‘‘(A) an average share of natural resource- LATERAL DEVELOPMENT BANKS.—Not later DEVELOPMENT BANK.—The Asian Develop- derived fiscal revenues of at least 25 percent than 3 years after the date of the enactment ment Bank Act (22 U.S.C. 285 et seq.) is of the total fiscal revenues during the pre- of this Act, the Comptroller General of the amended by adding at the end the following ceding 3-year period; or United States shall— new section: ‘‘(B) an average share of natural resource (1) conduct a review of the effectiveness of ‘‘SEC. 32. EIGHTH REPLENISHMENT. export proceeds of at least 25 percent of the each multilateral development bank in ‘‘(a) CONTRIBUTION AUTHORITY.— total export proceeds during the preceding 3- achieving the mission of such bank as set ‘‘(1) IN GENERAL.—The United States Gov- year period.’’. out in the articles of agreement of such ernor of the Bank is authorized to contribute SEC. 6. SENSE OF CONGRESS ON THE EXTRAC- bank, specifically poverty reduction and eco- on behalf of the United States $461,000,000 to TIVE INDUSTRY TRANSPARENCY INI- nomic development; and the eighth replenishment of the resources of TIATIVE AND G–8 AGREEMENTS. (2) submit to the appropriate congressional It is the sense of Congress that— the Fund. committees a report on the findings of the ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any (1) the President should continue pro- review. moting the Extractive Industry Trans- commitment to make the contribution au- (c) REPORT ON CONSISTENCY OF MULTILAT- thorized by paragraph (1) shall be effective parency Initiative as one approach to help ERAL DEVELOPMENT BANK PRACTICES WITH only to such extent or in such amounts as ensure that the revenues from extractive in- STATUTORY POLICIES.—Not later than 3 years are provided in advance in appropriations dustries contribute to sustainable develop- after the date of the enactment of this Act, Acts. ment and poverty reduction, as such Initia- the Comptroller General of the United States ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— tive is a voluntary initiative intended— shall prepare and submit to the appropriate For the contribution authorized by sub- (A) to promote greater transparency of de- congressional committees a report on the ex- section (a), there are authorized to be appro- veloping country government revenues and tent to which the practices of the multilat- priated, without fiscal year limitation, expenditures, procurement, concession- eral development banks are consistent with $461,000,000 for payment by the Secretary of granting systems; and the policies of the United States, as ex- the Treasury.’’. (B) to work to recover stolen assets and en- pressly contained in Federal law applicable force antibribery laws; to the multilateral development banks. SEC. 9. ANNUAL REPORTS. (2) the United States should encourage the (d) REPORT ON REFORMS AT THE MULTILAT- (a) INITIAL REPORT.—Not later than Sep- continued work of the G–8 to promote the ERAL DEVELOPMENT BANKS.—Not later than 1 tember 1, 2006, the Secretary shall submit a Extractive Industries Transparency Initia- year after the date of the enactment of this report to the appropriate congressional com- tive; and Act, the Comptroller General of the United mittees the describes the actions taken by (3) the United States should support and States shall prepare and submit to the ap- the United States Executive Director at each encourage the carrying out of the agree- propriate congressional committees a report multilateral development bank to imple- ments of the G–8 made at the 2004 Summit at on the extent of the implementation of the ment the policy goals described in this Act Sea Island, Georgia, and at the 2003 Summit reforms called for by the Group of 8 or by the and the amendments made by this Act and at Evian, France, to promote transparency Group of 7, starting with the 2000 Okinawa any other actions that should be taken to in public budgets, including revenues and ex- Summit, as delineated in communique´s, implement such goals. penditures, government procurement, public chairman’s statements, and other official (b) UPDATES.—The Secretary shall submit concessions, the granting of licenses with communication through the summit or fi- to the appropriate congressional committees special emphasis on countries with large ex- nance ministerial processes of the Group of 8 an annual update of the report required by tractive industries sectors, including the or the Group of 7. subsection (a) for each of the fiscal years agreements made at the Summit at Sea Is- SEC. 8. CONTRIBUTIONS TO MULTILATERAL DE- 2007, 2008, and 2009. land which specifically— VELOPMENT BANKS. (A) support the efforts of the Public Ex- (a) WORLD BANK.—The International Devel- By Mr. CRAIG: penditure and Financial Accountability pro- opment Association Act (22 U.S.C. 284 et S. 1131. A bill to authorize the ex- gram at the World Bank to help developing seq.) is amended by adding at the end the fol- change of certain Federal land within countries achieve accountability in public fi- lowing new section: the State of Idaho, and for other pur- nance and expenditure and to extend har- ‘‘SEC. 23. FOURTEENTH REPLENISHMENT. poses; to the Committee on Energy and monized approaches to the assessment and ‘‘(a) CONTRIBUTION AUTHORITY.— reform of their public financial, account- ‘‘(1) IN GENERAL.—The United States Gov- Natural Resources. ability, and procurement systems; ernor of the Association is authorized to con- Mr. CRAIG. Mr. President, I rise (B) invite developing countries to prepare tribute on behalf of the United States today to introduce the Idaho Land En- anticorruption action plans to implement $2,850,000,000 to the fourteenth replenishment hancement Act of 2005. Simply put, the commitments of such countries in re- of the resources of the Association. this legislation directs the Secretaries gional and international conventions; and ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any of Agriculture and Interior to exchange (C) achieve agreement on full disclosure of commitment to make the contribution au- land with the State of Idaho involving the World Bank International Development thorized by paragraph (1) shall be effective key parcels of land from the Boise Association’s Country Policy and Institu- only to such extent or in such amounts as tional Assessment results, with disclosure to are provided in advance in appropriations Foothills to North Idaho. begin with the 2005 ratings. Acts. The proposed exchange is exceptional SEC. 7. REPORTS FROM THE GOVERNMENT AC- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— in many respects. First, the concept for COUNTABILITY OFFICE. For the contribution authorized by sub- the proposed land exchange originated (a) SENSE OF CONGRESS ON ACCESS TO IN- section (a), there are authorized to be appro- from a local conservation effort led by FORMATION.—It is the sense of Congress priated, without fiscal year limitation, the city of Boise and local conservation that— $2,850,000,000 for payment by the Secretary of groups including the Idaho Conserva- (1) to evaluate the compliance of the mul- the Treasury.’’. tilateral development banks with the poli- (b) AFRICAN DEVELOPMENT BANK FUND.— tion League. Since the late 1960’s the cies of the United States described in section The African Development Fund Act (22 issue of conserving the Boise Foothills 1505 of the International Financial Institu- U.S.C. 290g et seq.) is amended by adding at has been a significant concern of the tions Act, as added by section 5 of this Act, the end the following new section: community. Conservation efforts have and to prepare the reports required by this ‘‘SEC. 218. TENTH REPLENISHMENT. continued to grow in support within section, the Comptroller General of the ‘‘(a) CONTRIBUTION AUTHORITY.— the community, culminating in May United States should have full and complete ‘‘(1) IN GENERAL.—The United States Gov- 2001 with the citizens of Boise, in one of access to financial information relating to ernor of the Fund is authorized to contribute the highest voter turnouts in city his- the multilateral development banks, includ- on behalf of the United States $407,000,000 to ing information related to the performance, the tenth replenishment of the resources of tory, electing to tax themselves in accountability, oversight, financial trans- the Fund. order to provide funding to secure per- actions, organization, and activities of the ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any manent public open space in the Boise multilateral development banks; commitment to make the contribution au- Foothills.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6028 CONGRESSIONAL RECORD — SENATE May 26, 2005 Next, the collaboration between the by many of my friends and colleagues, Cosmetic surgery, in contrast, is de- city of Boise, the State of Idaho, the including Senators LANDRIEU, DEWINE, fined by the American Medical Asso- Forest Service and the Bureau of Land SNOWE, COCHRAN, VITTER and BAYH. ciation as being performed to reshape Management has produced an agree- Imagine being a parent with a child normal structures of the body in order ment that has yielded a proposal bene- who has a cleft lip and palate or an- to improve the patient’s appearance fiting the State’s endowment bene- other more severe congenital facial de- and self-esteem. ficiaries while addressing the common formity that requires reconstructive Children born with deformities threats of fire and hazardous fuels, surgery to achieve a sense of normalcy should receive the help they need and invasive species, habitat fragmentation and function. Now imagine receiving a this legislation will make it happen. I and unmanaged recreation associated letter from your insurance carrier that look forward to working with my col- with urban interface with Federal states the following: leagues to pass this legislation that lands. The proposal uses both Bureau The reviewer determined that although the will improve the quality of life for chil- of Land Management and Forest Serv- procedures listed above would enhance the dren born with congenital deformities. ice land to balance an exchange with appearance of the patient, the procedures listed are not necessary to correct a func- I urge my colleagues to join me in sup- Idaho State Endowment lands on an porting this legislation. equal value basis. tional disorder and therefore do not meet the Last, the process has been open, criteria for benefits as outlined in the med- I ask unanimous consent that the ical plan. transparent, and has wide support text of the bill be printed in the throughout the State. The city of Boise Unfortunately, there are numerous RECORD. has facilitated public meetings, pro- examples of children and families There being no objection, the bill was vided opportunities for public com- around the country that have been con- ordered to be printed in the RECORD, as ment, and has made the maps of the ex- fronted with this kind of heart wrench- follows: change available to the public. The ing situation. Examples of congenital S. 1132 City has met with all of the affected deformities include cleft lip, cleft pal- tribes and counties. In addition, the ate, skin lesions, vascular anomalies, Be it enacted by the Senate and House of Rep- multi-agency group completed evalua- malformations of the ear, hand, or resentatives of the United States of America in tions of timber values, minerals, cul- foot, and other more profound Congress assembled, craniofacial deformities. It is essential tural resources, water rights, legal ac- SECTION 1. SHORT TITLE. cess, wildlife, fisheries, vegetation, hy- for children with these problems to re- ceive timely surgical care in order to This Act may be cited as the ‘‘Treatment drology, wetlands, threatened and en- of Children’s Deformities Act of 2005’’. dangered species, and specific habitat. have a chance at leading normal, The evaluations show that no major healthy, happy lives. And yet, an in- SEC. 2. COVERAGE OF MINOR CHILD’S CON- creasing number of kids go without life GENITAL OR DEVELOPMENTAL DE- environmental effect will occur as a re- FORMITY OR DISORDER. sult of the exchange. In fact, The Na- changing treatment because treatment is regarded as ‘‘cosmetic’’ or ‘‘non- (a) GROUP HEALTH PLANS.— ture Conservancy independently re- (1) PUBLIC HEALTH SERVICE ACT AMEND- viewed the data and compared it to functional.’’ It’s unfortunate that legislation is MENTS.— their eco-regional planning efforts and (A) IN GENERAL.—Subpart 2 of part A of concluded that the exchange has ‘‘lim- necessary. However, this legislation title XXVII of the Public Health Service Act ited potential to impact biodiversity will ensure that children who are born (42 U.S.C. 300gg–4 et seq.) is amended by add- values’’ and they support the exchange. with a congenital deformity—whether ing at the end the following: a cleft lip and palate or a more severe The city of Boise has made a substan- ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS tial investment of local property tax deformity—receive the reconstructive FOR MINOR CHILD’S CONGENITAL dollars in the facilitation of this land surgery they need to achieve a sense of OR DEVELOPMENTAL DEFORMITY OR DISORDER. exchange package. This exchange will normalcy and function. complete a statewide collaborative According to the March of Dimes, ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE process that represents a legacy of 150,000 newborns suffer from birth de- SURGERY.— local, State and Federal cooperation fects each year. Of the 150,000 born, ap- ‘‘(1) IN GENERAL.—A group health plan, and proximately 50,000 require reconstruc- a health insurance issuer offering group benefiting land management interests health insurance coverage, that provides throughout the State. tive surgery. Although surgeons are able to correct many of these problems, coverage for surgical benefits shall provide This exchange will enhance land in coverage for outpatient and inpatient diag- both the northern and southern parts an increasing number of these children nosis and treatment of a minor child’s con- of the State. It is an example of how are denied access to care by the label- genital or developmental deformity, disease, local, State, and Federal partners can ing of the procedures as ‘‘cosmetic’’ or or injury. A minor child shall include any in- come together to collaboratively de- ‘‘non-functional’’ in nature. dividual through 21 years of age. velop an exchange in which the public A common Federal definition of re- ‘‘(2) REQUIREMENTS.—Any coverage pro- constructive surgery, based on the vided under paragraph (1) shall be subject to and the land are the ultimate bene- pre-authorization or pre-certification as re- ficiaries. American Medical Association’s defini- tion, will help clarify coverage nation- quired by the plan or issuer, and such cov- erage shall include any surgical treatment By Mr. COLEMAN (for himself, ally and reduce the delay for children which, in the opinion of the treating physi- Ms. LANDRIEU, Mr. DEWINE, Ms. in need of surgery. cian, is medically necessary to approximate SNOWE, Mr. COCHRAN, Mr. VIT- It is essential for children with these a normal appearance. TER, Mr. BAYH, and Mr. SMITH): problems to receive timely surgical ‘‘(3) TREATMENT DEFINED.— S. 1132. A bill to amend the Public care in order to have a chance at lead- ‘‘(A) IN GENERAL.—In this section, the term Health Service Act, the Employee Re- ing normal, healthy, and happy lives. ‘treatment’ includes reconstructive surgical tirement Income Security Act of 1974, Also, many times these surgeries are procedures (procedures that are generally best performed while children are performed to improve function, but may also and the Internal Revenue Code of 1986 be performed to approximate a normal ap- to require that group and individual young and their bodies can more read- pearance) that are performed on abnormal health insurance coverage and group ily recover and respond to the correc- structures of the body caused by congenital health plans provide coverage for treat- tive surgery. defects, developmental abnormalities, trau- ment of a minor child’s congenital or The Treatment of Children’s Deform- ma, infection, tumors, or disease, including— developmental deformity or disorder ities Act differentiates between cos- ‘‘(i) procedures that do not materially af- due to trauma, infection, tumor, or dis- metic and reconstructive surgery. The fect the function of the body part being ease; to the Committee on Health, Edu- legislation defines reconstructive sur- treated; and gery as that being performed on abnor- ‘‘(ii) procedures for secondary conditions cation, Labor, and Pensions. and follow-up treatment. Mr. COLEMAN. Mr. President, I am mal structures of the body, caused by ‘‘(B) EXCEPTION.—Such term does not in- pleased today to be introducing the bi- congenital defects, developmental ab- clude cosmetic surgery performed to reshape partisan Treatment of Children’s De- normalities, trauma, infection, tumors normal structures of the body to improve ap- formities Act. I am pleased to be joined or disease. pearance or self-esteem.

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‘‘(b) NOTICE.—A group health plan under ‘‘Sec. 714. Standards relating to benefits for procedures (procedures that are generally this part shall comply with the notice re- minor child’s congenital or de- performed to improve function, but may also quirement under section 714(b) of the Em- velopmental deformity or dis- be performed to approximate a normal ap- ployee Retirement Income Security Act of order’’. pearance) that are performed on abnormal 1974 with respect to the requirements of this (3) INTERNAL REVENUE CODE AMENDMENTS.— structures of the body caused by congenital section as if such section applied to such Subchapter B of chapter 100 of the Internal defects, developmental abnormalities, trau- plan.’’. Revenue Code of 1986 is amended— ma, infection, tumors, or disease, including— ‘‘(i) procedures that do not materially af- (B) CONFORMING AMENDMENT.—Section (A) in the table of sections, by inserting 2723(c) of the Public Health Service Act (42 after the item relating to section 9812 the fect the function of the body part being U.S.C. 300gg–23(c)) is amended by striking following: treated; and ‘‘section 2704’’ and inserting ‘‘sections 2704 ‘‘Sec. 9813. Standards relating to benefits for ‘‘(ii) procedures for secondary conditions and 2707’’. minor child’s congenital or de- and follow-up treatment. ‘‘(B) EXCEPTION.—Such term does not in- (2) ERISA AMENDMENTS.— velopmental deformity or dis- clude cosmetic surgery performed to reshape (A) IN GENERAL.—Subpart B of part 7 of order’’; and normal structures of the body to improve ap- subtitle B of title I of the Employee Retire- (B) by inserting after section 9812 the fol- ment Income Security Act of 1974 (29 U.S.C. pearance or self-esteem. lowing: ‘‘(b) NOTICE.—A health insurance issuer 1185 et seq.) is amended by adding at the end ‘‘SEC. 9813. STANDARDS RELATING TO BENEFITS under this part shall comply with the notice the following: FOR MINOR CHILD’S CONGENITAL requirement under section 714(b) of the Em- OR DEVELOPMENTAL DEFORMITY ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS OR DISORDER. ployee Retirement Income Security Act of 1974 with respect to the requirements re- FOR MINOR CHILD’S CONGENITAL ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE OR DEVELOPMENTAL DEFORMITY ferred to in subsection (a) as if such section SURGERY.— OR DISORDER. applied to such issuer and such issuer were a ‘‘(1) IN GENERAL.—A group health plan, and group health plan.’’. ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE a health insurance issuer offering group (2) CONFORMING AMENDMENT.—Section SURGERY.— health insurance coverage, that provides 2762(b)(2) of the Public Health Service Act (42 ‘‘(1) IN GENERAL.—A group health plan, and coverage for surgical benefits shall provide a health insurance issuer offering group coverage for outpatient and inpatient diag- U.S.C. 300gg–62(b)(2)) is amended by striking health insurance coverage, that provides nosis and treatment of a minor child’s con- ‘‘section 2751’’ and inserting ‘‘sections 2751 coverage for surgical benefits shall provide genital or developmental deformity, disease, and 2753’’. (c) EFFECTIVE DATES.— coverage for outpatient and inpatient diag- or injury. A minor child shall include any in- (1) GROUP HEALTH COVERAGE.—The amend- nosis and treatment of a minor child’s con- dividual through 21 years of age. ments made by subsection (a) shall apply genital or developmental deformity, disease, ‘‘(2) REQUIREMENTS.—Any coverage pro- with respect to group health plans for plan or injury. A minor child shall include any in- vided under paragraph (1) shall be subject to years beginning on or after January 1, 2006. dividual through 21 years of age. pre-authorization or pre-certification as re- (2) INDIVIDUAL HEALTH COVERAGE.—The ‘‘(2) REQUIREMENTS.—Any coverage pro- quired by the plan or issuer, and such cov- amendment made by subsection (b) shall vided under paragraph (1) shall be subject to erage shall include any surgical treatment apply with respect to health insurance cov- pre-authorization or pre-certification as re- which, in the opinion of the treating physi- erage offered, sold, issued, renewed, in effect, quired by the plan or issuer, and such cov- cian, is medically necessary to approximate or operated in the individual market on or erage shall include any surgical treatment a normal appearance. ‘‘(3) TREATMENT DEFINED.— after such date. which, in the opinion of the treating physi- (d) COORDINATED REGULATIONS.—Section ‘‘(A) IN GENERAL.—In this section, the term cian, is medically necessary to approximate 104(1) of Health Insurance Portability and a normal appearance. ‘treatment’ includes reconstructive surgical procedures (procedures that are generally Accountability Act of 1996 (42 U.S.C. 300gg–92 ‘‘(3) TREATMENT DEFINED.— note) is amended by striking ‘‘this subtitle performed to improve function, but may also ‘‘(A) IN GENERAL.—In this section, the term (and the amendments made by this subtitle be performed to approximate a normal ap- ‘treatment’ includes reconstructive surgical and section 401)’’ and inserting ‘‘the provi- pearance) that are performed on abnormal procedures (procedures that are generally sions of part 7 of subtitle B of title I of the structures of the body caused by congenital performed to improve function, but may also Employee Retirement Income Security Act defects, developmental abnormalities, trau- be performed to approximate a normal ap- of 1974, the provisions of parts A and C of ma, infection, tumors, or disease, including— pearance) that are performed on abnormal title XXVII of the Public Health Service Act, ‘‘(i) procedures that do not materially af- structures of the body caused by congenital and chapter 100 of the Internal Revenue Code fect the function of the body part being defects, developmental abnormalities, trau- of 1986’’. ma, infection, tumors, or disease, including— treated; and ‘‘(i) procedures that do not materially af- ‘‘(ii) procedures for secondary conditions By Mr. BYRD (for himself, Mr. and follow-up treatment. fect the function of the body part being ROCKEFELLER, and Mr. SPEC- ‘‘(B) EXCEPTION.—Such term does not in- treated; and TER): ‘‘(ii) procedures for secondary conditions clude cosmetic surgery performed to reshape normal structures of the body to improve ap- S. 1133. A bill to authorize the Sec- and follow-up treatment. pearance or self-esteem.’’. retary of Energy to develop and imple- ‘‘(B) EXCEPTION.—Such term does not in- (b) INDIVIDUAL HEALTH INSURANCE.— ment an accelerated research, develop- clude cosmetic surgery performed to reshape (1) IN GENERAL.—Part B of title XXVII of ment, and demonstration program for normal structures of the body to improve ap- the Public Health Service Act is amended by pearance or self-esteem. advanced clean coal technologies for inserting after section 2752 the following: use in coal-based generation facilities ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.— ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS and to provide financial incentives to The imposition of the requirements of this FOR MINOR CHILD’S CONGENITAL encourage the early commercial de- section shall be treated as a material modi- OR DEVELOPMENTAL DEFORMITY OR DISORDER. ployment of advanced clean coal tech- fication in the terms of the plan described in ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE section 102(a)(1), for purposes of assuring no- nologies through the retrofitting, SURGERY.— tice of such requirements under the plan; ex- repowering, replacement, and new con- ‘‘(1) IN GENERAL.—A group health plan, and struction of coal-based electricity gen- cept that the summary description required a health insurance issuer offering group to be provided under the last sentence of sec- erating facilities and industrial gasifi- health insurance coverage, that provides cation facilities; to the Committee on tion 104(b)(1) with respect to such modifica- coverage for surgical benefits shall provide tion shall be provided by not later than 60 coverage for outpatient and inpatient diag- Energy and Natural Resources. days after the first day of the first plan year nosis and treatment of a minor child’s con- Mr. BYRD. Mr. President, today I am in which such requirements apply.’’. genital or developmental deformity, disease, introducing S. 1133, the Clean Coal Re- (B) CONFORMING AMENDMENTS.— or injury. A minor child shall include any in- search, Development, Demonstration, (i) Section 731(c) of the Employee Retire- dividual through 21 years of age. and Deployment Act of 2005. I am proud ment Income Security Act of 1974 (29 U.S.C. ‘‘(2) REQUIREMENTS.—Any coverage pro- to have Senators ROCKEFELLER and 1191(c)) is amended by striking ‘‘section 711’’ vided under paragraph (1) shall be subject to SPECTER as cosponsors of my bill. This and inserting ‘‘sections 711 and 714’’. pre-authorization or pre-certification as re- comprehensive clean coal technology (ii) Section 732(a) of the Employee Retire- quired by the plan or issuer, and such cov- legislation will help provide for a new ment Income Security Act of 1974 (29 U.S.C. erage shall include any surgical treatment era for coal. I have looked into the 1191a(a)) is amended by striking ‘‘section which, in the opinion of the treating physi- 711’’ and inserting ‘‘sections 711 and 714’’. cian, is medically necessary to approximate past; I recognize the enormous chal- (iii) The table of contents in section 1 of a normal appearance. lenges that are before us; and I see the Employee Retirement Income Security ‘‘(3) TREATMENT DEFINED.— coal’s future. Act of 1974 is amended by inserting after the ‘‘(A) IN GENERAL.—In this section, the term The bill authorizes important pro- item relating to section 713 the following: ‘treatment’ includes reconstructive surgical grams at the Department of Energy as

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6030 CONGRESSIONAL RECORD — SENATE May 26, 2005 well as provides a major package of ment. It is critical to both the State of the past year at a grass-roots level to targeted federal energy tax incentives. Utah and the Bureau of Land Manage- address concerns. We look forward to It supports a research and development ment, BLM, that we consolidate their working with the appropriate commit- program and tax incentives to encour- respective lands to ensure that both tees and the Department of Interior to- age the use of advanced coal tech- public agencies are permitted to fulfill ward a successful resolution of this nologies at coal-fired power plants. The their mandates. proposed exchange. bill also promotes a major investment The legislation we are introducing I urge all of my colleagues to support in a national industrial gasification today is yet another chapter in our our efforts to fund the education of our program. It is a balanced and finan- State’s long history of consolidating children in Utah and to protect some of cially sound proposal, and it recognizes these State lands for the financial well this Nation’s truly great lands. I urge that there are new horizons opening for being of our education system. These support of the Utah Recreational Land coal. efforts serve a dual purpose as they Exchange Act of 2005. The Byrd-Rockefeller-Specter bill help the Federal land management works to balance these ever expanding agencies to consolidate Federal lands By Mr. GRASSLEY (for himself, opportunities in a very reasonable and in environmentally sensitive areas that Mr. MCCAIN, and Mr. ALLEN): responsible way. We must move for- can then be reasonably managed. We S. 1137. A bill to include ward with the development and deploy- see this exchange as a win-win solution dehydroepiandrosterone as an anabolic ment of advanced power generation and for the State of Utah and its school steroid; to the Committee on the Judi- carbon capture and sequestration tech- children, as well as the Department of ciary. nologies. Coal also has a future in pro- the Interior as the caretaker of our Mr. GRASSLEY. Mr. President, re- ducing chemicals, alternative transpor- public lands. cently, the problem of steroid abuse tation fuels, and other important prod- Beginning in 1998 Congress passed the has been getting a great deal of media ucts for use in the economy. My legis- first major Utah school trust land ex- attention. While this publicity has lation can begin to initiate that effort. change which consolidated hundreds of helped to raise public awareness about There are those who have wanted to thousands of acres. Again in 2000, Con- the dangers of illegal steroids, recent push coal aside like stove wood and gress enacted an exchange consoli- studies indicate that more and more horse power as novelties from a bygone dating another 100,000 acres. I was young people are taking these drugs to era. But we cannot ignore coal as part proud to playa role in those efforts, improve their performance, appear- of the solution to our future energy and the bill we are introducing today is ance, or self image. In fact, some re- challenges. Over the past several years, yet another step in the longjoumey to- cent studies indicate that as many as 5 I have been diligently assembling a set ward giving the school children the percent to 7 percent of students, even of proposals that can provide a com- deal they were promised in 1896 when as young as middle school, admit to prehensive approach for the near- and Utah was admitted to the Union. using illegal steroids. long-term viability for coal, both at The School Trust of Utah currently Even more widespread among adoles- home and abroad. It is time that we re- owns some of the most spectacular cents, however, is the use of over-the- examine the opportunities for coal, and lands in America, located along the counter supplements. Many young peo- let the past be our guide to the future. Colorado River in southeastern Utah. ple are turning to ‘‘supplements’’ as an Mr. President, I hope other Senators This legislation will ensure that places alternative to illegal steroids, mistak- will review S. 1133, and I urge them to like Westwater Canyon of the Colorado enly believing that because they are cosponsor this legislation. River, the world famous Kokopelli and sold over the counter, they must be Slickrock biking trails, some of the safe. However, many of these over the By Mr. BENNETT (for himself largest natural rock arches in the counter ‘‘supplements’’ actually and Mr. HATCH): United States, wilderness study areas, produce the same dangerous effects on S. 1135. A bill to authorize the ex- and viewsheds for Arches National the body as illegal steroids. Some, even change of certain land in Grand and Park will be traded into Federal owner- become steroids in the bloodstream. Uintah Counties, Utah, and for other ship and for the benefit of future gen- Last year, the President signed into purposes; to the Committee on Energy erations. At the same time, the school law the Anabolic Steroid Control Act and Natural Resources. children of Utah will receive mineral of 2004, which added 18 anabolic steroid Mr. BENNETT. Mr. President, I am and development lands that are not en- precursors to the list of anabolic pleased to be able to re-introduce the vironmentally sensitive, in locations steroids that are classified as con- Utah Recreational Land Exchange Act where responsible development makes trolled substances. Yet as I speak, on of 2005, together with my colleague sense. This will be an equal value ex- the shelves of health stores across the Senator HATCH. Legislation was intro- change, with approximately 40,000 country, sits one anabolic steroid that duced in the previous Congress to lay acres exchanged on either side, with can be bought by anyone, at any age, the groundwork for our efforts in the both taxpayers and the school children without the need of a doctor’s prescrip- 109th Congress. of Utah receiving a fair deal. Moreover, tion. This legislation will ensure the pro- the legislation establishes a valuation Dehydroepiandrosterone, or DHEA, is tection of critical lands along the Colo- process that is transparent to the pub- an anabolic steroid that once ingested, rado River corridor in southeastern lic, yet will ensure the exchange proc- the body turns into testosterone. Utah and will help provide important ess occurs in a timely manner. DHEA like all other steroids, may funding for Utah’s school children. In This legislation represents a truly cause a number of long term physical Utah we treasure the education of our collaborative process. We have con- and psychological effects, including: children. A key component of our edu- vened all of the players to give us input heart disease, cancer, stroke, liver cation system is the 3.5 million acres of into this legislation: local government, damage, severe acne, baldness, dra- school trust lands scattered through- the State, the recreation community, matic mood swings, aggression etc. In out the State. These lands are dedi- the environmental community and fact, DHEA is already banned by the cated to the support of public edu- other interested parties. At the same Olympics, the World Anti-Doping cation. Revenue from Utah school trust time we are working closely with the Agency, the National Collegiate Ath- lands, whether from grazing, forestry, Department of Interior. We introduced letic Association, the National Foot- surface leasing or mineral develop- this bill in the 108th Congress in order ball League, the National Basketball ment, is placed in the State School to initiate some discussion of moving Association, and Minor League Base- Fund. This fund is a permanent income forward with this exchange proposal. ball, yet it actually enjoys special pro- producing endowment created by Con- Since that time, some changes have tections under the Anabolic Steroid gress upon statehood to fund public been made in an effort to improve this Control Act. education. Unfortunately, the majority legislation. We remain receptive to ad- In an effort to keep all potentially of these lands are trapped within fed- ditional changes that might make fur- dangerous steroids out of the hands of eral ownership patterns that make it ther improvements. The State has been unsuspecting consumers and children, I impossible for responsible develop- working with all of these groups over am pleased to introduce legislation

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6031 today that would add DHEA to the list have successfully avoided AWA re- severe limitation of the current AWA of controlled substances under the An- quirements by selling directly to the is that it does not regulate overseas abolic Steroid Control Act. This legis- public. The ability to use the Internet breeders who submit their animals to lation will eliminate the special ex- as a marketing tool for direct sales has deplorable conditions before exporting emption granted to DHEA, thereby only made selling directly to the public them to the United States, leaving treating it as every other substance in more prevalent and popular. Because many imported animals with diseases the steroid family. USDA can only regulate wholesalers and behavioral disorders. PAWS With the dramatic rise in the use of under the AWA, it has very limited au- strengthens the AWA to better control steroids among our nation’s youth, now thority to oversee the care and condi- the practices of puppy breeding in large is the time to act to curb this increas- tions of animals in these facilities. facilities, addresses cruel puppy treat- ingly growing problem. Just like all PAWS addresses this growing prob- ment and places stricter regulations on other anabolic steroids, DHEA should lem. PAWS would regulate breeders overseas breeders. not be available over the counter, but who raise seven or more litters of dogs In large breeding facilities, puppies only under a doctor’s supervision. I en- or cats each year. This threshold test are often kept in cramped, dirty cages; courage my colleagues to join in sup- would differentiate those breeders who sometimes stacked on top of each port of this legislation. raise animals in mass numbers from other; exposed to the elements in ex- I ask unanimous consent that the those who are hobby breeders. treme cold and heat; forced to breed text of this bill be printed in the In addition, this broad ranging legis- too frequently; and deprived of ade- RECORD. lation would cover importers and other quate food, water, veterinary care, and There being no objection, the bill was non-breeder dealers who sell more than any semblance of loving contact. In ordered to be printed in the RECORD, as 25 dogs or cats per year, strengthen fact, current law allows many of these follows: USDA’s enforcement authority, and as- breeders to evade all federal oversight. S. 1137 sure USDA access to source records of This inhumane treatment has a di- Be it enacted by the Senate and House of Rep- persons who acquire dogs for resale. Fi- rect bearing on the physical and men- resentatives of the United States of America in nally, PAWS expands the USDA’s au- tal health of dogs in these facilities. Congress assembled, thority to seek injunctions against un- Often, after these puppies join a fam- SECTION 1. INCLUSION OF licensed dog and cat dealers. ily, they turn out to have serious DEHYDROEPIANDROSTERONE. The term ‘‘puppy mill’’ is not new to health and behavioral problems that Section 102(41)(A) of the Controlled Sub- many people, be it pet owners, con- cause them pain, cause their owners stances Act (21 U.S.C. 802(41)(A)) is amend- ed— sumers, animal welfare advocates, in- great distress, and require expensive (1) in the matter preceding clause (i), by spectors or just casual observers. medical care. striking ‘‘corticosteroids, and Puppy mills are large breeding oper- I believe PAWS will address these dehydroepiandrosterone’’ and inserting ‘‘and ations that mass-produce puppies for problems by filling gaps in the current corticosteroids’’; commercial sale with little regard for law and encouraging stronger enforce- (2) by redesignating clauses (x) through the humane handling and treatment of ment by USDA to crack down on (xlx) as clauses (xi) through (xlxi), respec- the dogs. Breeding and raising dogs chronic violators. The bill also applies tively; and without respect to the animal’s welfare to cats. (3) by inserting after clause (ix) the fol- PAWS requires that any commercial lowing: guarantees bad results for the unknow- ‘‘(x) dehydroepiandrosterone (androst-5-en- ing owner, and for the health of the dog hreeder who sells seven or more litters 3β-ol-17-one);’’. and her puppies. For dogs, puppy mill of dogs or cats directly to the public in conditions can mean overcrowded a year must be licensed by the USDA. By Mr. SANTORUM: cages, lack of protection from weather The statute also allows the USDA to S. 1139. A bill to amend the Animal conditions, and an overall lack of vet- obtain the identity of breeders, a meas- Welfare Act to strengthen the ability erinary care. ure that would help the USDA to ad- of the Secretary of Agriculture to regu- The benefits of regulating commer- dress inhumane treatment. PAWS ex- late the pet industry; to the Com- cial breeders and sellers are obvious. tends the suspension period for facili- mittee on Agriculture, Nutrition, and PAWS addresses the commerce in pets ties with AWA violations from 21 days Forestry. from many different angles, including to 60 days and provides the USDA with Mr. SANTORUM. Mr. President, I imports, large direct sellers, Internet direct authority to apply for injunc- rise today to introduce the Pet Animal sellers, enforcement tools, and source tions. Welfare Statute of 2005 (PAWS). The records. As a member of the Senate Ag- I’ve heard from many of my constitu- introduction of this important animal riculture Committee and Chairman of ents in Illinois who are deeply con- welfare legislation demonstrates my the Subcommittee on Research, Nutri- cerned about the puppy mill problem continued interest in humane treat- tion and General Legislation, the sub- and want this legislation enacted. ment of animals. As the proud owner of committee with jurisdiction, I am pre- PAWS is supported by national organi- a German Shepherd, it is disturbing to pared to work aggressively to advance zations, including the Humane Society see the number of high volume breeders this legislation. I urge my colleagues of the United States, the American who are careless and disregard their re- to join Senator DURBIN and me in sup- Kennel Club, Doris Day Animal sponsibilities to care properly for their porting this legislation. League, and the Animal Welfare Insti- animals. Mr. DURBIN. Mr. President, I rise tute. Across the United States, there are today to introduce the Pet Animal I am pleased that we have obtained more than 3,000 commercial dog-breed- Welfare Statute, PAWS, along with my additional funds for USDA to improve ing facilities that are licensed to oper- colleague, Senator SANTORUM. its enforcement of the AWA. This piece ate by the United States Department For more than three decades, Con- of legislation will complement those of Agriculture (USDA). Owners of these gress has given the responsibility of en- ongoing efforts by strengthening facilities are required to comply with suring minimum standards of humane USDA’s authority to crack down on the the rules and regulations of the Animal care and treatment of animals to the bad actors. Welfare Act (AWA), which sets forth U.S. Department of Agriculture, PAWS will ensure that any commer- standards for humane handling and USDA, under the Animal Welfare Act, cial dog breeder licensed by the Fed- treatment. USDA inspections are also AWA. eral Government is meeting basic hu- required to ensure compliance with The current guidelines within the mane standards of care. We owe at AWA standards. AWA do not go far enough to protect least this much to the animals that Unfortunately, enforcement of AWA puppies at large breeding facilities; have earned the title ‘‘man’s best has not effectively stopped the inhu- they merely ensure the provision of friend.’’ This safety net for dogs and mane treatment of animals within the water and food, and that is inadequate. cats will protect pets and the con- pet industry. Because the AWA only The AWA has been largely ineffective sumers who care about them against covers breeders and others who sell at because of weak enforcement proce- the poor treatment practices of the wholesale, many puppy mill owners dures and limited resources. Another worst dealers: the ones who provide no

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6032 CONGRESSIONAL RECORD — SENATE May 26, 2005 interaction; the ones who violate in- solution to enhance the secure han- (I) contiguous or adjacent; and dustry norms against over-breeding; dling of ammonium nitrate ensuring (II) owned or operated by the same person. the ones who repeatedly violate the that ammonium nitrate remains avail- (3) HANDLE.—The term ‘‘handle’’ means to law governing humane care. The good able for agricultural use. produce, store, sell, or distribute ammonium nitrate. The legislation is entitled ‘‘The Se- dealers, however, should be recognized (4) HANDLER.—The term ‘‘handler’’ means for the value they bring to pet lovers cure Handling of Ammonium Nitrate any person that produces, stores, sells, or everywhere. Act of 2005.’’ It calls for Federal and distributes ammonium nitrate. Currently, the good dealers suffer at State cooperation to secure ammonium (5) PURCHASER.—The term ‘‘purchaser’’ the hands of the bad ones, the ones who nitrate fertilizer. It requires any per- means any person that purchases ammonium give the industry a bad reputation. son who produces, stores, sells, or dis- nitrate. This bill will help draw a clear distinc- tributes ammonium nitrate to register (6) SECRETARY.—The term ‘‘Secretary’’ tion in favor of the good dealers. I their facility with their State depart- means the Secretary of Homeland Security. SEC. 4. REGULATION OF HANDLING AND PUR- thank my colleagues for their atten- ment of agriculture and to maintain CHASE OF AMMONIUM NITRATE. tion to this issue, and I urge their sup- records of sales or distribution of the (a) IN GENERAL.—The Secretary may regu- port for the Pet Animal Welfare Stat- product. Additionally, it requires all late the handling and purchase of ammonium ute. purchasers of ammonium nitrate to nitrate to prevent the misappropriation or register with their State department of use of ammonium nitrate in violation of law. By Mr. COCHRAN (for himself, agriculture. (b) REGULATIONS.—The Secretary may pro- Mr. PRYOR, Mr. CHAMBLISS, and We believe these requirements are mulgate regulations that require— (1) handlers— Mr. ROBERTS): necessary measures to help provide ad- (A) to register facilities; S. 1141. A bill to authorize the Sec- ditional security for ammonium ni- (B) to sell or distribute ammonium nitrate retary of Homeland Security to regu- trate fertilizer and will not unduly bur- only to handlers and purchasers registered late ammonium nitrate; to the Com- den agriculture professionals or farm- under this Act; and mittee on Homeland Security and Gov- ers who use ammonium nitrate. Fur- (C) to maintain records of sale or distribu- ernmental Affairs. thermore, we believe this important tion that include the name, address, tele- Mr. COCHRAN. Mr. President, fer- legislation will effectively enhance on- phone number, and registration number of tilizers provide essential nutrients to going security measures and help to the immediate subsequent purchaser of am- the food we eat. Without fertilizer, monium nitrate; and keep ammonium nitrate out of the (2) purchasers to be registered. roughly one-third of the world’s people hands of those who wish to harm our (c) USE OF PREVIOUSLY SUBMITTED INFOR- would go hungry. Ammonium nitrate Nation. MATION.—Prior to requiring a facility or han- fertilizer is an effective source of nitro- I urge Senators to support this legis- dler to submit new information for registra- gen that all crops need to grow. Thou- lation. tion under this section, the Secretary shall— sands of American farmers value its I ask unanimous consent that the (1) request from the Attorney General, and use in certain applications including text of the bill be printed in the the Attorney General shall provide, any in- cool weather fertilization and other formation previously submitted to the At- RECORD. torney General by the facility or handler low-till cropping systems. Thus, the There being no objection, the bill was under section 843 of title 18, United States continued availability of ammonium ordered to be printed in the RECORD, as Code; and nitrate fertilizer to U.S. farmers has follows: (2) at the election of the facility or han- economic, agronomic and environ- S. 1141 dler— mental benefits to farmers and society Be it enacted by the Senate and House of Rep- (A) use the license issued under that sec- as a whole. resentatives of the United States of America in tion in lieu of requiring new information for At the same time, the April 1995 at- Congress assembled, registration under this section; and (B) consider the license to fully comply tack on the Alfred P. Murrah Federal SECTION 1. SHORT TITLE. Building in Oklahoma City showed This Act may be cited as the ‘‘Secure Han- with the requirement for registration under dling of Ammonium Nitrate Act of 2005’’. this section. America that this highly valuable fer- (d) CONSULTATION.—In promulgating regu- tilizer can be subject to adulteration SEC. 2. FINDINGS. lations under this section, the Secretary and misuse by criminals intent on en- Congress finds that— shall consult with the Secretary to Agri- gaging in acts of terror. (1) ammonium nitrate is an important fer- culture to ensure that the access of agricul- tilizer used to produce a reliable and afford- tural producers to ammonium nitrate is not After the Oklahoma City tragedy, able food supply for the United States and Congress enacted legislation calling for unduly burdened. the world; (e) DATA CONFIDENTIALITY.— a study on the feasibility and practica- (2) in the wrong hands, ammonium nitrate (1) IN GENERAL.—Notwithstanding section bility of imposing controls on certain may be used for illegal activities; 552 of title 5, United States Code, or the USA precursor chemicals, including ammo- (3) the production, importation, storage, PATRIOT ACT (Public Law 107–56; 115 Stat. nium nitrate. Congress recognized that sale, and distribution of ammonium nitrate 272) or an amendment made by that Act, ex- it is simply not possible for the agri- affects interstate and intrastate commerce; cept as provided in paragraph (2), the Sec- culture community to guarantee and retary may not disclose to any person any (4) it is necessary to regulate the produc- information obtained from any facility, han- against the criminal misuse of ammo- tion, storage, sale, and distribution of am- nium nitrate or for any community to dler, or purchaser— monium nitrate. (A) regarding any action taken, or to be guarantee that the thousands of every- SEC. 3. DEFINITIONS. taken, at the facility or by the handler or day products that can be converted to In this Act: purchaser to ensure the secure handling of criminal use will not be misused by (1) AMMONIUM NITRATE.—The term ‘‘ammo- ammonium nitrate; or those with the intent and capability to nium nitrate’’ means solid ammonium ni- (B) that would disclose— do so. trate that is chiefly the ammonium salt of (i) the identity or address of any purchase Over the past 10 years, the security nitric acid and contains not less than 33 per- of ammonium nitrate; landscape has continued to change. The cent nitrogen, of which— (ii) the quantity of ammonium nitrate pur- agriculture community and the fer- (A) 50 percent is in ammonium form; and chased; or (B) 50 percent is in nitrate form. (iii) the details of the purchase trans- tilizer industry recognize that more (2) FACILITY.— action. needs to be done to strengthen the con- (A) IN GENERAL.—The term ‘‘facility’’ (2) EXCEPTIONS.—The Secretary may dis- trols regarding the handling and pur- means any site where ammonium nitrate is close any information described in paragraph chase of ammonium nitrate fertilizer produced, stored, or held for distribution, (1)— in order to ensure American farmers sale, or use. (A) to an officer or employee of the United continue to have access to this valued (B) INCLUSIONS.—The term ‘‘facility’’ in- States, or a person that has entered into a input. Today, with my colleague from cludes— contract with the United States, who needs (i) all buildings or structures used to to know the information to perform the du- Arkansas Mr. PRYOR, my colleague produce, store, or hold ammonium nitrate ties of the officer, employee, or person, or to from Georgia Mr. CHAMBLISS, and my for distribution, sale, or use at a single site; a State agency pursuant to an arrangement colleague from Kansas Mr. ROBERTS, I and under section 6, under appropriate arrange- am pleased to introduce legislation (ii) multiple sites described in clause (i), if ments to ensure the protection of the infor- that provides a practical and workable the sites are— mation;

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6033 (B) to the public, to the extent the Sec- (3) to fail to keep any record, make any re- impact of that fertilizer can have on retary specifically finds that disclosure of port, or allow any inspection required by our people if misused by criminals in- particular information is required in the this Act; or tent on engaging in acts of terror. public interest; or (4) to violate any sale or distribution order Since the 1995 Oklahoma City trag- (C) to the extent required by order of a issued under this Act. edy, many studies have been conducted Federal court in a proceeding in which the (b) PENALTIES.— Secretary is a party, under such protective (1) IN GENERAL.—A person that violates by the Federal Government to deter- measures as the court may prescribe. this Act (including a regulation promulgated mine the feasibility and practicability SEC. 5. ENFORCEMENT. under this Act) may only be assessed a civil of imposing controls on certain pre- penalty by the Secretary of not more than (a) INSPECTIONS.—The Secretary, without a cursor chemicals, including ammonium $50,000 per violation. warrant, may enter any place during busi- nitrate. In addition, the fertilizer in- (2) NOTICE AND OPPORTUNITY FOR A HEAR- ness hours that the Secretary believes may dustry and the Bureau of Alcohol To- ING.—No civil penalty shall be assessed under handle ammonium nitrate to determine bacco and Firearms (ATF) created the this Act unless the person charged has been whether the handling is being conducted in given notice and opportunity for a hearing ‘‘America’s Security Begins with You’’ accordance with this Act, including regula- on the charge in the county, parish, or incor- ammonium nitrate security campaign tions promulgated under this Act. porated city of residence of the person in 1995 as an effort to minimize possible (b) PREVENTION OF SALE OR DISTRIBUTION charged. misuse of ammonium nitrate fertilizer. ORDER.—In any case in which the Secretary (c) JURISDICTION OVER ACTIONS FOR CIVIL has reason to believe that ammonium ni- These studies and campaigns have both DAMAGES.—The district courts of the United trate has been handled other than in accord- led to show that it is impossible for the States shall have exclusive jurisdiction over agricultural community to guarantee ance with this Act, including regulations any action for civil damages against a han- promulgated under this Act, the Secretary dler for any harm or damage that is alleged against the criminal misuse of ammo- may issue a written order preventing any to have resulted from the use of ammonium nium nitrate under current laws and person that owns, controls, or has custody of nitrate in violation of law that occurred on regulations and that more can and the ammonium nitrate from selling or dis- or after the date of enactment of this Act. should be done to protect against this tributing the ammonium nitrate. SEC. 8. STATE LAW PREEMPTION. threat. (c) APPEAL PROCEDURES.— This Act preempts any State law (includ- The agricultural community and the (1) IN GENERAL.—A person subject to an ing a regulation) that regulates the handling order under subsection (b) may request a fertilizer industry both recognize that of ammonium nitrate to prevent the mis- more can and should be done to hearing to contest the order, under such ad- appropriation or use of ammonium nitrate in ministrative adjudication procedures as the violation of law. strengthen the controls regarding the Secretary may establish. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. handling and purchase of ammonium (2) RESCISSION.—If an appeal under para- There are authorized to be appropriated nitrate fertilizer in order to ensure graph (1) is successful, the Secretary shall such sums as are necessary to carry out this American farmers continue to have ac- rescind the order. Act. cess to this valued input. I believe that (d) IN REM PROCEEDINGS.—The Secretary Mr. PRYOR. Mr. President, I stand the Federal government must do its may institute in rem proceedings in the today in support of legislation that part in helping to assure that ammo- United States district court for the district will better protect our homeland by se- in which the ammonium nitrate is located to nium nitrate fertilizer stays in the seize and confiscate ammonium nitrate that curing the trade and handling of am- hands of agricultural professionals and has been handled in violation of this Act, in- monium nitrate. While ammonium ni- encourage all who handle this chemical cluding regulations promulgated under this trate is well known in the agriculture to protect their community and Amer- Act. community to be an important fer- ica by establishing effective security SEC. 6. ADMINISTRATIVE PROVISIONS. tilizer, it has also become a common measures. (a) COOPERATIVE AGREEMENTS.—The Sec- ingredient in creating highly explosive I am proud to join my colleague from retary may enter into a cooperative agree- bombs like the one used in the unfor- Mississippi, Senator COCHRAN, in intro- ment with the Secretary of Agriculture, or gettable April 1995 bombing attack of ducing this legislation along with Sen- the head of any State department of agri- the Alfred P. Murrah Federal Building ator CHAMBLISS and Senator ROBERTS. I culture or other State agency that regulates in Oklahoma City, Oklahoma. A little believe it provides a very practical and plant nutrients, to carry out this Act, in- more than a month ago, we reflected cluding cooperating in the enforcement of workable solution to enhance the se- this Act through the use of personnel or fa- on the tenth anniversary of this tragic cure handling of ammonium nitrate cilities. moment in our nation’s history. De- and ensure that ammonium nitrate re- (b) DELEGATION.— spite the enormous potential for mis- mains available for agricultural use. (1) IN GENERAL.—The Secretary may dele- use if in the wrong hands, the purchase ‘‘The Secure Handling of Ammonium gate to a State the authority to assist the and use of ammonium nitrate is still Nitrate Act of 2005’’ calls for a federal Secretary in the administration and enforce- largely unregulated by the federal gov- and state cooperation to secure ammo- ment of this Act, including regulations pro- ernment. It is our hope that we can re- nium nitrate fertilizer. It requires the mulgated under this Act. duce this potential for misuse. By bet- Department of Homeland Security to (2) DELEGATION REQUIRED.—On the request of a Governor of a State, the Secretary shall ter securing the trade and handling of enter into cooperative agreements with delegate to the State the authority to carry this chemical, we will make it more state departments of agriculture to en- out section 4 or 5, on a determination by the difficult for individuals and groups to sure that any person who produces, Secretary that the State is capable of satis- misuse the chemical and threaten the stores, sells, or distributes ammonium factorily carrying out that section. lives of Americans. The purpose of our nitrate registers their facility and (3) FUNDING.—If the Secretary enters into legislation is to protect our homeland maintains records of sales or distribu- an agreement with a State under this sub- from future threats and attacks that tion of the product. As such, pur- section to delegate functions to the State, may be similar in nature to that of the the Secretary shall provide to the State ade- chasers of ammonium nitrate would quate funds to enable the State to carry out Oklahoma City Bombing while still en- also be required to register with their the functions. suring that law abiding citizens can state’s department of agriculture. (4) INAPPLICABILITY.—Notwithstanding any use this valuable fertilizer for agricul- My colleagues and I agree that these other provision of this subsection, this sub- tural activities. requirements are necessary measures section does not authorize a State to carry Fertilizer provides essential nutri- that provide additional security for out a function under section 4 or 5 relating ents to the food we eat by providing an ammonium nitrate fertilizer and will to a facility or handler in the State that effective source of nitrogen that all not unduly burden agriculture profes- makes the election described in section crops need to grow. I recognize the im- sionals or farmers who use this prod- 4(c)(2). portance of fertilizer to our Nation’s uct. Furthermore, we firmly believe SEC. 7. CIVIL LIABILITY. farming community, and that is why I that this legislation will effectively en- (a) UNLAWFUL ACTS.—It is unlawful for any believe that we must continue the hance ongoing security measures by person— availability of ammonium nitrate fer- (1) to fail to perform any duty required by helping to keep ammonium nitrate out this Act, including regulations promulgated tilizer to farmers in order to maintain of the hands of those who wish to harm under this Act; the economic, agronomic and environ- our Nation. (2) to violate the terms of registration mental benefits that this product pro- I thank the Chairman of the Appro- under this Act; vides. I also understand the negative priations Committee, as well as the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6034 CONGRESSIONAL RECORD — SENATE May 26, 2005 Chairmen of the Agriculture and Intel- members of the Guard and Reserve lief if they need to hire a worker to ligence Committees for their leader- have been activated in anticipation of temporarily replace the active duty ship on this issue, and I urge my col- being sent to Iraq, Afghanistan, or any Guardsmen or Reservist. In addition, leagues in the Senate to support this other place their country calls on them the bill clarifies the tax treatment of important legislation. to serve. While deployed, these citizen any pay-gap payments to make income Mr. CHAMBLISS. Mr. President, I soldiers are asked, in a moment’s no- tax filing easier for our Guard and Re- would like to echo the comments of the tice, to leave their families, their jobs, servists. senior Senator from Mississippi regard- and their communities behind, causing A moment ago, I mentioned that ing the ‘‘Secure Handling of Ammo- tremendous stress on the home front thousands of employers make up the nium Nitrate Act of 2005.’’ The impor- and in the workplace. pay-gap for their employees. There is tance of ammonium nitrate fertilizer While having a loved one in harm’s one employer, however, and it happens to the agricultural industry cannot be way is reason for stress alone, many of to be the Nation’s largest, that does understated. However, its use in acts of the families of these men and women not make up the pay gap: Uncle Sam. terror has led the industry and public have the added stress of trying to fill The Federal Government, which should alike searching for a way to further se- the void left. Many families have lost set the bar for patriotism in our coun- cure the handling and use of ammo- the main bread winner when a Guards- try, does not do its part to help citizen nium nitrate. I believe this legislation men or Reservist gets deployed. As a soldiers. Senator DURBIN has been a accomplishes that goal. If passed, this result, they have trouble paying bills, leader in this area, so our bill includes bill will help us to track both where the rent, the mortgage, or medicine for language that he has been fighting to this fertilizer is, and who is in posses- their children. require the Federal Government to sion of it. The answers to both of these The primary reason these families make up the pay gap. We cannot ask very important questions will further cannot make ends meet is because for the private sector to do more than they ongoing efforts to keep our Nation safe Guardsmen and Reservists military are doing if the Federal Government is from people who may wish to do it pay is often less than civilian pay. We not willing to step up and do its part harm. I feel this legislation provides call that the ‘‘pay gap.’’ According to for our military men and women. additional security for ammonium ni- the most recent Status of Forces Sur- This is not only the right thing to do, trate while maintaining its viability as vey of Reserve Components, 51 percent it is the smart thing to do. Today our an agricultural fertilizer. of our citizen soldiers take a pay cut Nation relies on the Guard and Reserve I urge my colleagues to support this when they get deployed and 11 percent to meet our armed forces needs more important legislation. of them lose more than $2,500 per than at any other time in our history. month. At times in the war on terror, forty- By Ms. LANDRIEU (for herself, We ask these men and women to percent of our troops in Iraq and Af- Mr. GRAHAM, Mr. ALLEN, Mr. make so many sacrifices on our behalf. ghanistan were citizen soldiers. Many DURBIN, and Mr. LAUTENBERG): I think that it is time that we be will- of them performed multiple tours of S. 1142. A bill to provide pay protec- ing to make one in return. The least we duty or found their duties extended. tion for members of the Reserve and can do is to help these families find re- All of the experts tell us that our the National Guard, and for other pur- lief from the financial woes caused by need for our Guard and Reserve troops poses; to the Committee on Finance. this gap. To help do this, my colleagues will only get greater. In the post-Cold Ms. LANDRIEU. Mr. President, over Senator GRAHAM, Senator ALLEN, Sen- War world, we have drastically reduced 50 years ago, Sir Winston Churchill ut- ator DURBIN, and myself are pleased to our standing Army from 800,000 in 1989 tered the immortal words, ‘‘never in introduce the Helping Our Patriotic to approximately 482,000 today, a 40 the field of human conflict has so much Employers at Helping our Military Em- percent decrease. The number of de- been owed by so many to so few.’’ Al- ployees Act of 2005. We call the bill by ployments has increased by over 300 though Prime Minister Churchill was its nickname: HOPE at HOME. Our percent. The Guard and Reserve have referring to the selfless and courageous guard and reserve families have enough made it possible to meet these chal- effort of the Royal Air Force in their to worry about when a loved one gets lenges. We still find ourselves defeat of the Germans in World War II, called away, the least we can do is re- stretched thin, but without the Guard I would like to argue that these words lieve some of the financial worry by en- and Reserve we would never be able to apply equally to the men and women couraging employers to make up the meet our obligation as guardians of fighting to preserve democracy in Iraq pay gap. Let me describe for my col- freedom in the World. and Afghanistan. These men and leagues how this legislation works. But this over-reliance on the Guard women are not only making it possible HOPE at HOME will give a 50 percent and Reserve is starting to have a toll for each and every one of us to go tax credit to the thousands of employ- on our ability to recruit and retain about our daily lives under the blanket ers around the country who have taken these men and women. The percentage of safety and freedom to which Ameri- the patriotic step of continuing to pay of Army Reserve personnel who plan to cans have become accustomed, but the salary of their guard and reservists remain in the military after their tour they are also striving to bring these employees who have been called to ac- of duty ends fell from 73 percent to 66 benefits to people who have never had tive duty. There are literally thou- percent over 2004. The top reasons for them before. sands of employers out there who al- leaving the Guard and Reserve, accord- If you have had the opportunity to ready take this noble step—they do it ing to the Status of Forces Survey of spend time with these men and women, voluntarily, selflessly and at great sac- Reserve Components, are family stress, as I have, you quickly observe that rifice. The HOPE at HOME Act honors the number and lengths of deploy- they embody everything good about that sacrifice. ments, income loss, and conflict with America. Their patriotism, their HOPE at HOME will also encourage civilian employment. unyielding commitment to serve their companies that cannot afford to make We are beginning to have recruit- country, their selflessness and their up the pay-gap an incentive to do it. ment problems as well for our standing sacrifice should serve as examples to us One survey found that only 173 of the military. Back in February, the Army all. Perhaps what amazes me most, is Fortune 500 companies make up the and the National Guard and Reserve re- that although these men and women pay gap. If the wealthiest companies cruited 3,824 soldiers, but this was only are prepared to make the ultimate sac- cannot afford to help their active duty 69 percent of their monthly goal. The rifice for their country, they ask for employees, imagine how difficult this numbers went up in March, but still little in return from it. It is therefore is for smaller companies. HOPE at fell short by 12 percent of the goal. incumbent on us to recognize the debt HOME will allow companies large and HOPE at HOME recognizes that a sol- we owe to them, and honor it. small to do the patriotic thing and re- dier who is worrying about how his or Today there are 80,000 members of ward those employees who are serving her family is paying the bills is not fo- the National Guard and our Reserve to keep us all free. cusing on the mission at hand. A sol- armed forces serving bravely in the war HOPE at HOME will also give small dier who is worrying about whether the on terror. In addition, close to 89,000 patriotic employers additional tax re- family is paying the rent, is not going

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6035 to reenlist. And every time one of our employment rights under chapter 43 of title term ‘actual compensation amount’ means soldiers leaves, our Nation loses the ex- 38— the amount of compensation paid or incurred perience and service of a highly ‘‘(A) shall be determined disregarding the by an employer with respect to a Ready Re- serve-National Guard employee on any day trained, capable professional. We need provisions of section 4312(d) of title 38; and ‘‘(B) shall include any period of time speci- during a taxable year when the employee to make every effort to keep our cit- fied in section 4312(e) of title 38 within which was absent from employment for the purpose izen soldiers in service to their coun- an employee may report or apply for employ- of performing qualified active duty. try. HOPE at HOME is a first step to ment or reemployment following completion ‘‘(c) LIMITATION.—No credit shall be al- addressing our military’s larger re- of service in the uniformed services. lowed with respect to a Ready Reserve-Na- cruitment and retention issues. ‘‘(c) Any amount payable under this sec- tional Guard employee who performs quali- tion to an employee shall be paid— fied active duty on any day on which the em- During the Cold War we built our ployee was not scheduled to work (for reason strength on having the biggest, best ‘‘(1) by such employee’s employing agency; ‘‘(2) from the appropriation or fund which other than to participate in qualified active equipped standing army in the World. would be used to pay the employee if such duty). Now our military gathers its strength employee were in a pay status; and ‘‘(d) DEFINITIONS.—For purposes of this sec- from a large reserve of qualified men ‘‘(3) to the extent practicable, at the same tion— and women in the Guard and Reserve time and in the same manner as would basic ‘‘(1) QUALIFIED ACTIVE DUTY.—The term who are ready to fight at a moment’s pay if such employee’s civilian employment ‘qualified active duty’ means— ‘‘(A) active duty, other than the training had not been interrupted. call. We will lose that strength if we do duty specified in section 10147 of title 10, not give our Guardsmen and Reservists ‘‘(d) The Office of Personnel Management shall, in consultation with Secretary of De- United States Code (relating to training re- and their families HOPE at HOME. fense, prescribe any regulations necessary to quirements for the Ready Reserve), or sec- I hope my colleagues will join Sen- carry out the preceding provisions of this tion 502(a) of title 32, United States Code (re- ators ALLEN, GRAHAM, DURBIN and my- section. lating to required drills and field exercises self in supporting the HOPE at HOME ‘‘(e)(1) The head of each agency referred to for the National Guard), in connection with Act. in section 2302(a)(2)(C)(ii) shall, in consulta- which an employee is entitled to reemploy- tion with the Office, prescribe procedures to ment rights and other benefits or to a leave I ask unanimous consent that the of absence from employment under chapter text of the bill be printed in the ensure that the rights under this section apply to the employees of such agency. 43 of title 38, United States Code, and RECORD. ‘‘(2) The Administrator of the Federal ‘‘(B) hospitalization incident to such duty. There being no objection, the bill was Aviation Administration shall, in consulta- ‘‘(2) COMPENSATION.—The term ‘compensa- ordered to be printed in the RECORD, as tion with the Office, prescribe procedures to tion’ means any remuneration for employ- follows: ensure that the rights under this section ment, whether in cash or in kind, which is S. 1142 apply to the employees of that agency. paid or incurred by a taxpayer and which is ‘‘(f) For purposes of this section— deductible from the taxpayer’s gross income Be it enacted by the Senate and House of Rep- ‘‘(1) the terms ‘employee’, ‘Federal Govern- under section 162(a)(1). resentatives of the United States of America in ment’, and ‘uniformed services’ have the ‘‘(3) READY RESERVE-NATIONAL GUARD EM- Congress assembled, same respective meanings as given in section PLOYEE.—The term ‘Ready Reserve-National SECTION 1. SHORT TITLE. 4303 of title 38; Guard employee’ means an employee who is This Act may be cited as the ‘‘Helping Our ‘‘(2) the term ‘service in the uniformed a member of the Ready Reserve of a reserve Patriotic Employers at Helping Our Military services’ has the meaning given that term in component of an Armed Force of the United Employees Act of 2005’’ or the ‘‘HOPE at section 4303 of title 38 and includes duty per- States as described in sections 10142 and HOME Act of 2005’’. formed by a member of the National Guard 10101 of title 10, United States Code. SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL under section 502(f) of title 32 at the direc- ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- EMPLOYEE IS PERFORMING ACTIVE tion of the Secretary of the Army or Sec- lar to the rules of section 52 shall apply. SERVICE IN THE UNIFORMED SERV- retary of the Air Force; ‘‘(e) PORTION OF CREDIT MADE REFUND- ICES. ‘‘(3) the term ‘employing agency’, as used ABLE.— (a) IN GENERAL.—Subchapter IV of chapter with respect to an employee entitled to any ‘‘(1) IN GENERAL.—In the case of an eligible 55 of title 5, United States Code, is amended payments under this section, means the employer of a Ready Reserve-National Guard by adding at the end the following: agency or other entity of the Government employee, the aggregate credits allowed to a ‘‘§ 5538. Nonreduction in pay while serving in (including an agency referred to in section taxpayer under subpart C shall be increased the uniformed services 2302(a)(2)(C)(ii)) with respect to which such by the lesser of— ‘‘(a) An employee who is absent from a po- employee has reemployment rights under ‘‘(A) the credit which would be allowed sition of employment with the Federal Gov- chapter 43 of title 38; and under this section without regard to this ernment in order to perform service in the ‘‘(4) the term ‘basic pay’ includes any subsection and the limitation under section uniformed services for a period of more than amount payable under section 5304.’’. 38(c), or 90 days shall be entitled to receive, for each (b) CLERICAL AMENDMENT.—The table of ‘‘(B) the amount by which the aggregate pay period described in subsection (b), an sections for chapter 55 of title 5, United amount of credits allowed by this subpart amount equal to the amount by which— States Code, is amended by inserting after (determined without regard to this sub- ‘‘(1) the amount of basic pay which would the item relating to section 5537 the fol- section) would increase if the limitation im- otherwise have been payable to such em- lowing: posed by section 38(c) for any taxable year ployee for such pay period if such employee’s ‘‘5538. Nonreduction in pay while serving in were increased by the amount of employer civilian employment with the Government the uniformed services or Na- payroll taxes imposed on the taxpayer dur- had not been interrupted by that service, ex- tional Guard’’. ing the calendar year in which the taxable ceeds (if at all) year begins. (c) EFFECTIVE DATE.—The amendments ‘‘(2) the amount of pay and allowances made by this section shall apply with respect The amount of the credit allowed under this which (as determined under subsection (d))— to pay periods (as described in section 5538(b) subsection shall not be treated as a credit al- ‘‘(A) is payable to such employee for that of title 5, United States Code, as added by lowed under this subpart and shall reduce service; and this section) beginning on or after Sep- the amount of the credit otherwise allowable ‘‘(B) is allocable to such pay period. tember 11, 2001. under subsection (a) without regard to sec- ‘‘(b)(1) Amounts under this section shall be SEC. 3. READY RESERVE-NATIONAL GUARD EM- tion 38(c). payable with respect to each pay period PLOYEE CREDIT ADDED TO GEN- ‘‘(2) ELIGIBLE EMPLOYER.—For purposes of (which would otherwise apply if the employ- ERAL BUSINESS CREDIT. this subsection, the term ‘eligible employer’ ee’s civilian employment had not been inter- (a) READY RESERVE-NATIONAL GUARD CRED- means an employer which is a State or local rupted)— IT.—Subpart D of part IV of subchapter A of government or subdivision thereof. ‘‘(A) during which such employee is enti- chapter 1 of the Internal Revenue Code of ‘‘(3) EMPLOYER PAYROLL TAXES.—For pur- tled to reemployment rights under chapter 1986 (relating to business-related credits) is poses of this subsection— 43 of title 38 with respect to the position amended by adding at the end the following: ‘‘(A) IN GENERAL.—The term ‘employer from which such employee is absent (as re- ‘‘SEC. 45J. READY RESERVE-NATIONAL GUARD payroll taxes’ means the taxes imposed by— ferred to in subsection (a)); and EMPLOYEE CREDIT. ‘‘(i) section 3111(b), and ‘‘(B) for which such employee does not oth- ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(ii) sections 3211(a) and 3221(a) (deter- erwise receive basic pay (including by taking tion 38, the Ready Reserve-National Guard mined at a rate equal to the rate under sec- any annual, military, or other paid leave) to employee credit determined under this sec- tion 3111(b)). which such employee is entitled by virtue of tion for any taxable year is an amount equal ‘‘(B) SPECIAL RULE.—A rule similar to the such employee’s civilian employment with to 50 percent of the actual compensation rule of section 24(d)(2)(C) shall apply for pur- the Government. amount for such taxable year. poses of subparagraph (A).’’. ‘‘(2) For purposes of this section, the period ‘‘(b) DEFINITION OF ACTUAL COMPENSATION (b) CREDIT TO BE PART OF GENERAL BUSI- during which an employee is entitled to re- AMOUNT.—For purposes of this section, the NESS CREDIT.—Subsection (b) of section 38 of

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such Code (relating to general business cred- ‘‘(3) READY RESERVE-NATIONAL GUARD SELF- this paragraph referred to as the ‘unused it) is amended by striking ‘‘plus’’ at the end EMPLOYED TAXPAYER.—The term ‘Ready Re- credit year’), such excess shall be a credit of paragraph (18), by striking the period at serve-National Guard self-employed tax- carryback to each of the 3 taxable years pre- the end of paragraph (19) and inserting ‘‘, payer’ means a taxpayer who— ceding the unused credit year and a credit plus’’, and by adding at the end the fol- ‘‘(A) has net earnings from self-employ- carryforward to each of the 20 taxable years lowing: ment (as defined in section 1402(a)) for the following the unused credit year. ‘‘(20) the Ready Reserve-National Guard taxable year, and ‘‘(B) RULES.—Rules similar to the rules of employee credit determined under section ‘‘(B) is a member of the Ready Reserve of section 39 shall apply with respect to the 45J(a).’’. a reserve component of an Armed Force of credit carryback and credit carryforward (c) DENIAL OF DOUBLE BENEFIT.—Section the United States as described in section under subparagraph (A). 280C(a) (relating to rule for employment 10142 and 10101 of title 10, United States ‘‘(6) CERTAIN RULES TO APPLY.—Rules simi- credits) is amended by inserting ‘‘45J(a),’’ Code. lar to the rules of subsections (c), (d), and (e) after ‘‘45A(a),’’. ‘‘(d) COORDINATION WITH OTHER CREDITS.— of section 52 shall apply.’’. (d) CONFORMING AMENDMENT.—The table of The amount of credit otherwise allowable (b) NO DEDUCTION FOR COMPENSATION sections for subpart D of part IV of sub- under sections 51(a) and 1396(a) with respect TAKEN INTO ACCOUNT FOR CREDIT.—Section chapter A of chapter 1 of the Internal Rev- to any employee shall be reduced by the 280C(a) of the Internal Revenue Code of 1986 enue Code of 1986 is amended by inserting credit allowed by this section with respect to (relating to rule for employment credits), as after the item relating to section 45I the fol- such employee. amended by this Act, is amended— lowing: ‘‘(e) LIMITATIONS.— (1) by inserting ‘‘or compensation’’ after ‘‘(1) APPLICATION WITH OTHER CREDITS.—The ‘‘salaries’’, and ‘‘Sec. 45J. Ready Reserve-National Guard credit allowed under subsection (a) for any (2) by inserting ‘‘30B,’’ before ‘‘45A(a),’’. employee credit.’’. taxable year shall not exceed the excess (if (c) CONFORMING AMENDMENT.—Section (e) EFFECTIVE DATE.—The amendments any) of— 55(c)(2) of the Internal Revenue Code of 1986 made by this section shall apply to taxable ‘‘(A) the regular tax for the taxable year is amended by inserting ‘‘30B(e)(1),’’ after years beginning after the date of the enact- reduced by the sum of the credits allowable ‘‘30(b)(3),’’. ment of this Act. under subpart A and sections 27, 29, and 30, (d) CLERICAL AMENDMENT.—The table of SEC. 4. READY RESERVE-NATIONAL GUARD RE- over sections for subpart B of part IV of sub- PLACEMENT EMPLOYEE CREDIT. ‘‘(B) the tentative minimum tax for the chapter A of chapter 1 of the Internal Rev- (a) IN GENERAL.—Subpart B of part IV of taxable year. enue Code of 1986 is amended by adding after subchapter A of chapter 1 of the Internal ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY the item relating to section 30A the fol- Revenue Code of 1986 (relating to foreign tax WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS lowing new item: credit, etc.) is amended by adding after sec- OF MEMBERS OF THE RESERVE COMPONENTS OF tion 30A the following new section: THE ARMED FORCES OF THE UNITED STATES.— ‘‘Sec. 30B. Credit for replacement of acti- ‘‘SEC. 30B. READY RESERVE-NATIONAL GUARD No credit shall be allowed under subsection vated military reservists.’’. REPLACEMENT EMPLOYEE CREDIT. (a) to a taxpayer for— (e) EFFECTIVE DATE.—The amendments ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(A) any taxable year, beginning after the made by this section shall apply to taxable ‘‘(1) IN GENERAL.—In the case of an eligible date of the enactment of this section, in years beginning after the date of the enact- taxpayer, there shall be allowed as a credit which the taxpayer is under a final order, ment of this Act. against the tax imposed by this chapter for judgment, or other process issued or required SEC. 5. INCOME TAX WITHHOLDING ON DIF- the taxable year the sum of the employment by a district court of the United States FERENTIAL WAGE PAYMENTS. credits for each qualified replacement em- under section 4323 of title 38 of the United (a) IN GENERAL.—Section 3401 of the Inter- ployee under this section. States Code with respect to a violation of nal Revenue Code of 1986 (relating to defini- ‘‘(2) EMPLOYMENT CREDIT.—The employ- chapter 43 of such title, and tions) is amended by adding at the end the ment credit with respect to a qualified re- ‘‘(B) the 2 succeeding taxable years. following new subsection: placement employee of the taxpayer for any ‘‘(f) GENERAL DEFINITIONS AND SPECIAL ‘‘(i) DIFFERENTIAL WAGE PAYMENTS TO AC- taxable year is equal to 50 percent of the RULES.—For purposes of this section— TIVE DUTY MEMBERS OF THE UNIFORMED lesser of— ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- SERVICES.— ‘‘(A) the individual’s qualified compensa- ble taxpayer’ means a small business em- ‘‘(1) IN GENERAL.—For purposes of sub- tion attributable to service rendered as a ployer or a Ready Reserve-National Guard section (a), any differential wage payment qualified replacement employee, or self-employed taxpayer. shall be treated as a payment of wages by ‘‘(B) $12,000. ‘‘(2) SMALL BUSINESS EMPLOYER.— the employer to the employee. ‘‘(b) QUALIFIED COMPENSATION.—The term ‘‘(A) IN GENERAL.—The term ‘small busi- ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For ‘qualified compensation’ means— ness employer’ means, with respect to any purposes of paragraph (1), the term ‘differen- ‘‘(1) compensation which is normally con- taxable year, any employer who employed an tial wage payment’ means any payment tingent on the qualified replacement em- average of 50 or fewer employees on business which— ployee’s presence for work and which is de- days during such taxable year. ‘‘(A) is made by an employer to an indi- ductible from the taxpayer’s gross income ‘‘(B) CONTROLLED GROUPS.—For purposes of vidual with respect to any period during under section 162(a)(1), subparagraph (A), all persons treated as a which the individual is performing service in ‘‘(2) compensation which is not character- single employer under subsection (b), (c), the uniformed services while on active duty ized by the taxpayer as vacation or holiday (m), or (o) of section 414 shall be treated as for a period of more than 30 days, and pay, or as sick leave or pay, or as any other a single employer. ‘‘(B) represents all or a portion of the form of pay for a nonspecific leave of ab- ‘‘(3) QUALIFIED ACTIVE DUTY.—The term wages the individual would have received sence, and ‘qualified active duty’ has the meaning given from the employer if the individual were per- ‘‘(3) group health plan costs (if any) with such term by section 45J(d)(1). forming service for the employer.’’. respect to the qualified replacement em- ‘‘(4) SPECIAL RULES FOR CERTAIN MANUFAC- (b) EFFECTIVE DATE.—The amendment ployee. TURERS.— made by this section shall apply to remu- ‘‘(c) QUALIFIED REPLACEMENT EMPLOYEE.— ‘‘(A) IN GENERAL.—In the case of any quali- neration paid after December 31, 2004. For purposes of this section— fied manufacturer— SEC. 6. TREATMENT OF DIFFERENTIAL WAGE ‘‘(1) IN GENERAL.—The term ‘qualified re- ‘‘(i) subsection (a)(2)(B) shall be applied by PAYMENTS FOR RETIREMENT PLAN placement employee’ means an individual substituting ‘$20,000’ for ‘$12,000’, and PURPOSES. who is hired to replace a Ready Reserve-Na- ‘‘(ii) paragraph (2)(A) of this subsection (a) PENSION PLANS.— tional Guard employee or a Ready Reserve- shall be applied by substituting ‘100’ for ‘50’. (1) IN GENERAL.—Section 414(u) of the In- National Guard self-employed taxpayer, but ‘‘(B) QUALIFIED MANUFACTURER.—For pur- ternal Revenue Code of 1986 (relating to spe- only with respect to the period during poses of this paragraph, the term ‘qualified cial rules relating to veterans’ reemploy- which— manufacturer’ means any person if— ment rights under USERRA) is amended by ‘‘(A) such Ready Reserve-National Guard ‘‘(i) the primary business of such person is adding at the end the following new para- employee is receiving an actual compensa- classified in sector 31, 32, or 33 of the North graph: tion amount (as defined in section 45J(b)) American Industrial Classification System, ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE from the employee’s employer and is partici- and PAYMENTS.— pating in qualified active duty, including ‘‘(ii) all of such person’s facilities which ‘‘(A) IN GENERAL.—Except as provided in time spent in travel status, or are used for production in such business are this paragraph, for purposes of applying this ‘‘(B) such Ready Reserve-National Guard located in the United States. title to a retirement plan to which this sub- self-employed taxpayer is participating in ‘‘(5) CARRYBACK AND CARRYFORWARD AL- section applies— such qualified active duty. LOWED.— ‘‘(i) an individual receiving a differential ‘‘(2) READY RESERVE-NATIONAL GUARD EM- ‘‘(A) IN GENERAL.—If the credit allowable wage payment shall be treated as an em- PLOYEE.—The term ‘Ready Reserve-National under subsection (a) for a taxable year ex- ployee of the employer making the payment, Guard employee’ has the meaning given such ceeds the amount of the limitation under ‘‘(ii) the differential wage payment shall be term by section 45J(d)(3). subsection (e)(1) for such taxable year (in treated as compensation, and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6037 ‘‘(iii) the plan shall not be treated as fail- if such plan or contract amendment were in ground, or disability. Sadly, these ing to meet the requirements of any provi- effect, and F.B.I. statistics show only part of the sion described in paragraph (1)(C) by reason (ii) such plan or contract amendment ap- problem, because many hate crimes go of any contribution which is based on the plies retroactively for such period. unreported. The Southern Poverty Law differential wage payment. ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— By Mr. KENNEDY (for himself, Center, a nonprofit organization that ‘‘(i) IN GENERAL.—Notwithstanding sub- Mr. SPECTER, Mr. SMITH, Mr. monitors hate groups and extremist ac- paragraph (A)(i), for purposes of section LEAHY, Ms. COLLINS, Mr. LIE- tivity, estimates that the actual num- 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), BERMAN, Ms. SNOWE, Mr. ber of hate crimes committed in the or 457(d)(1)(A)(ii), an individual shall be WYDEN, Mr. JEFFORDS, Mr. United States each year is closer to treated as having been severed from employ- 50,000. ment during any period the individual is per- SCHUMER, Mr. CHAFEE, Mr. AKAKA, Mr. ENSIGN, Mr. BAYH, Congress can’t ignore the problem. forming service in the uniformed services de- Our bill will strengthen the ability of scribed in section 3401(i)(2)(A). Mr. BIDEN, Mr. BINGAMAN, Mrs. Federal, State, and local governments ‘‘(ii) LIMITATION.—If an individual elects to BOXER, Ms. CANTWELL, Mrs. receive a distribution by reason of clause (i), CLINTON, Mr. COLEMAN, Mr. to investigate and prosecute these vi- the plan shall provide that the individual CORZINE, Mr. DAYTON, Mr. cious and senseless crimes. Current may not make an elective deferral or em- DODD, Mr. DURBIN, Mrs. FEIN- Federal law, obviously isn’t adequate ployee contribution during the 6-month pe- STEIN, Mr. HARKIN, Mr. INOUYE, to protect our citizens. riod beginning on the date of the distribu- It contains excessive restrictions re- Mr. JOHNSON, Mr. KERRY, Ms. tion. quiring proof that victims were at- LANDRIEU, Mr. LEVIN, Mrs. LIN- ‘‘(C) NONDISCRIMINATION REQUIREMENT.— tacked because they were engaged in COLN, Ms. MIKULSKI, Mrs. MUR- Subparagraph (A)(iii) shall apply only if all certain ‘‘federally protected activi- employees of an employer performing service RAY, Mr. NELSON of Nebraska, ties.’’ It doesn’t include violence com- in the uniformed services described in sec- Mr. NELSON of Florida, Mr. mitted because of person’s sexual ori- tion 3401(i)(2)(A) are entitled to receive dif- OBAMA, Mr. REED, Mr. SALAZAR, entation, gender, or disability. It cov- ferential wage payments on reasonably Mr. SARBANES, Ms. STABENOW, equivalent terms and, if eligible to partici- ers only hate crimes based on race, re- Mr. LAUTENBERG, Mr. PRYOR, pate in a retirement plan maintained by the ligion, or ethnic background. employer, to make contributions based on and Mr. ROCKEFELLER): S. 1145. A bill to provide Federal as- The federally protected activity re- the payments. For purposes of applying this quirement is outdated, unwise, and un- subparagraph, the provisions of paragraphs sistance to States and local jurisdic- tions to prosecute hate crimes; to the necessary. In June 2003, three men saw (3), (4), and (5), of section 410(b) shall apply. 6 Latino teenagers in a family res- ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For Committee on the Judiciary. purposes of this paragraph, the term ‘dif- Mr. KENNEDY. Mr. President, hate taurant on Long Island. The teenagers, ferential wage payment’ has the meaning crimes are a violation of everything 3 boys and 3 girls, between 13–15 years given such term by section 3401(i)(2).’’. our country stands for. They send the old, knew each other from church and (2) CONFORMING AMENDMENT.—The heading poisonous message that some Ameri- baseball teams. They were there to- for section 414(u) of such Code is amended by cans deserve to be victimized solely be- gether to celebrate the birthday of one inserting ‘‘AND TO DIFFERENTIAL WAGE PAY- cause of who they are. They’re basi- of the girls, whose parents made her MENTS TO MEMBERS ON ACTIVE DUTY’’ after cally acts of domestic terrorism. Hate take her 13 year old sister along as ‘‘USERRA’’. ‘‘chaperone.’’ A parent dropped them (b) DIFFERENTIAL WAGE PAYMENTS TREAT- crimes have an impact far greater than all off in his mini-van and promised to ED AS COMPENSATION FOR INDIVIDUAL RETIRE- the impact on their individual victim. MENT PLANS.—Section 219(f)(1) of the Inter- They’re crimes against entire commu- pick them up after dinner and a movie. nal Revenue Code of 1986 (defining compensa- nities, against the whole Nation, and But, moments after leaving, he re- tion) is amended by adding at the end the against the fundamental ideals on ceived a panicked phone call from one following new sentence: ‘‘The term ‘com- which America was founded. of the children, telling him they’d been pensation’ includes any differential wage The vast majority of Congress agrees. attacked. payment (as defined in section 3401(i)(2)).’’. Last year, Senator SMITH and I offered As the group entered the restaurant, (c) EFFECTIVE DATE.—The amendments the same measure. The Senate passed three men were leaving the bar, after made by this section shall apply to plan it as an amendment to the Defense Au- drinking there for hours. For no appar- years beginning after December 31, 2004. thorization Bill by a nearly 2–1 bi-par- ent reason, they assaulted the teen- (d) PROVISIONS RELATING TO PLAN AMEND- agers, pummeling one boy and severing MENTS.— tisan vote of 65–33. By a vote of 213–186, (1) IN GENERAL.—If this subsection applies the House instructed its conferees to a tendon in his hand with a sharp weap- to any plan or annuity contract amend- support it in the conference report on on. During the attack, the men ment— the bill. Unfortunately, House leaders screamed racial slurs and one identi- (A) such plan or contract shall be treated insisted that the provision be dropped fied himself as a skinhead. The chil- as being operated in accordance with the in conference. This week, Senator dren, who had never experienced any- terms of the plan or contract during the pe- SMITH and I are introducing the iden- thing like this, have been traumatized riod described in paragraph (2)(B)(i), and tical bill. ever since. (B) except as provided by the Secretary of The provision is supported by a broad Two of the defendants were tried the Treasury, such plan shall not fail to meet the requirements of the Internal Rev- coalition of law enforcement and civil under current Federal law for commit- enue Code of 1986 or the Employee Retire- rights groups, including the National ting a hate crime and were acquitted. ment Income Security Act of 1974 by reason Sheriff’s Association, the International The Jurors said they acquitted them of such amendment. Association of Chiefs of Police, the because the government had not proved (2) AMENDMENTS TO WHICH SECTION AP- Anti- League, and the Na- the attack took place because the vic- PLIES.— tional Center for Victims of Crime, and tims were engaged in a federally pro- (A) IN GENERAL.—This subsection shall I’m optimistic the bill would have the tected activity—using the restaurant. apply to any amendment to any plan or an- same broad support it did before. Those The bill we introduce today elimi- nuity contract which is made— (i) pursuant to any amendment made by who commit hate crimes prey on the nates the federally protected activity this section, and vulnerable and terrorize them, because requirement. Under this bill, these de- (ii) on or before the last day of the first they can’t protect themselves. If our fendants who walked out of the front plan year beginning on or after January 1, Nation stands for anything, it’s to pro- door of the courthouse free that day 2007. tect the vulnerable. would almost certainly have left in (B) CONDITIONS.—This subsection shall not We know that hate crimes are a seri- handcuffs through a different door. apply to any plan or annuity contract ous problem that continues to plague The bill also recognizes that hate amendment unless— us. According to FBI statistics, over crimes are committed against people (i) during the period beginning on the date 9,000 people were victims of hate crimes because of their sexual orientation, the amendment described in subparagraph (A)(i) takes effect and ending on the date de- reported in the United States in 2003. their gender, and their disability. Cur- scribed in subparagraph (A)(ii) (or, if earlier, That’s almost 25 people victimized a rent Federal law didn’t protect gay the date the plan or contract amendment is day, every day, based on their race, re- campers in Honolulu from attempted adopted), the plan or contract is operated as ligion, sexual orientation, ethnic back- murder when their tents were doused

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6038 CONGRESSIONAL RECORD — SENATE May 26, 2005 with a flammable liquid and set on fire crimes in cases where states request Nobel laureate Eli Wiesel once said: because they were gay. assistance, or cases that would not oth- ‘‘To hate is to deny another person’s It didn’t protect Brandon Teena, in erwise be effectively investigated and humanity.’’ As a Nation that serves as Humboldt, NE who was raped and beat- prosecuted. the beacon of justice, freedom and lib- en by two male friends when they dis- The symbolic value of the bill is erty everywhere, we simply cannot tol- covered that he was living as a male equally important. Hate crimes target erate violence against our own citizens but was anatomically female. The local whole communities, not just individ- based on their race, color, religion, or sheriff refused to arrest the offenders, uals. They are intended to send mes- national origin. No matter how far the and they later shot and stabbed Bran- sages of fear that extend beyond the United States has come and the don to death. moment and beyond the individual vic- progress we have made in protecting Current law did not protect a 23-year- tim of the attack. Attacking people be- American’s civil rights, much work re- old mentally disabled man in Port cause they are gay, or African-Amer- mains. We cannot fight terror abroad Monmouth, New Jersey who was kid- ican, or Jewish, or any other criteria in and bow down to terror at home. napped by 9 men and women and tor- the bill is bigotry at its worst. Hate This legislation is a symbol that can tured for three hours before being crimes are designed to de-humanize become substance. As I have often said, dumped in the woods because he was and diminish, and we must say loud the law is a teacher, and we should disabled. and clear to those inclined to commit teach our fellow Americans that big- Our bill will close all these flagrant them that they’ll go to prison if they otry will not be tolerated. Our govern- loopholes. In addition to removing the do. ment must have the ability to per- federally protected activity require- The vast majority of us in Congress suade, to pursue, and to prosecute ment and expanding the class of pro- recognized the importance of making when hate is the motive of violence tected people: that statement last year. This year, we against another American, no matter The bill protects State interests with can make the statement even louder, their race, sexual orientation, religion, a strict certification procedure that re- by turning this bill into law. disability, or gender. By changing the quires the Federal Government to con- Mr. SMITH. Mr. President, as I have law, I truly believe we can change sult with local officials before bringing done so many times before, I rise today hearts and minds as well. a Federal case. to speak about the need for hate crimes I urge my colleagues to help me to It offers Federal assistance to help legislation and to introduce the Local change the hearts and minds and to State and local law enforcement inves- Law Enforcement Enhancement Act of make it widely known that we live in a tigate and prosecute hate crimes in 2005. I first sponsored this bill with my society and a country that does not any of the categories. colleague, Senator KENNEDY, in 1999 tolerate those who impose on the civil It offers training grants for local law and again in 2001 and 2003. rights of others simply because they enforcement. In the Senate, this legislation passed are different. It amends the Federal Hate Crime as an amendment to the Commerce, This year, Congress needs to act. I Statistics Act to add gender to the ex- Justice, State appropriations bill in look forward to President Bush signing isting categories of race, religion, eth- 1999 and the Defense Department au- this legislation into law. nic background, sexual orientation, thorization bill in 2000 and 2004, but re- and disability. moved in conference in each case. In By Mrs. BOXER: A strong Federal role in prosecuting 2003, it was introduced as an amend- S. 1146. A bill to require the Federal hate crimes is essential for practical ment to the Foreign Relations Author- Trade Commission to monitor and in- and symbolic reasons. In practical ization Act, but did not pass due to a vestigate gasoline prices under certain terms, the bill will have a real world procedural vote. Clearly, hate crimes circumstances; to the Committee on impact on actual criminal investiga- legislation has strong support in the Commerce, Science, and Transpor- tions and prosecutions by State and Senate. tation. Federal officials. Senator KENNEDY and I are reintro- Mrs. BOXER. Mr. President, in The presence or absence of the ‘‘fed- ducing this bill again today because March 2000, I introduced legislation to erally protected activity’’ requirement the need for Federal hate crimes legis- deal with the high price of gasoline. At frequently determines whether state lation is greater than ever. The high the time, the price of gasoline had and local resources must be used to prevalence of hate crimes is stag- reached a startlingly high $2.15 per gal- prosecute these crimes or whether the gering. Every day there is another lon in California. Today, gasoline Federal Government can bring its full America that is attacked or even mur- prices on average in California are $2.43 weight to bear on the case. dered in an act solely motivated by per gallon, 13 percent higher. The prob- Hate crime investigations tend to be hate. lem is getting worse, not better, and so expensive, requiring considerable law Hate crimes tear at the very fabric of today I am reintroducing my bill to enforcement legwork and extensive use our Nation by intimidating entire control the manipulation of gasoline of investigative grand juries. State of- groups of Americans and creating fear prices. ficials regularly seek federal assistance across communities. No one in America We have heard that higher gasoline in bringing hate crime offenders to jus- should be victimized because of who prices are due solely to higher crude oil tice under current law. This bill ex- they are, how they look, or what reli- prices. I just do not buy it. pands the opportunity for the Justice gion they worship. And the Federal According to the U.S. Energy Infor- Department to provide that support. Government should be able to come to mation Administration, from January Our bill fully respects the primary the aid of those who have been wronged 17 through April 11, the cost of crude role of State and local law enforcement and protect victims. oil rose 10.8 percent. During the same in responding to violent crime. The Since 1969, Federal law has permitted time period, the average retail price of vast majority of hate crimes will con- prosecution of hate crimes motivated gasoline in the United States rose 24.9 tinue to be prosecuted at the state and by race, religion, national origin, or percent. Something is not right. local level. The bill authorizes the Jus- color, if the victim was engaging in one Look at the profits that are being tice Department to assist state and of six ‘‘Federally protected’’ activities. pocketed by the big oil companies. local authorities in hate crimes cases, It has become clear that the statue Compared to the same time last year, it authorizes Federal prosecutions only needs to be amended—and that is what oil companies’ first-quarter profits are when a State does not have jurisdic- our legislation does. Our legislation dramatically higher. tion, or when it asks the Federal Gov- would expand on current laws to en- Look at the number of mergers and ernment to take jurisdiction, or when compass sexual orientation, gender and acquisitions in the industry over the it fails to act against hate-motivated disability. It would enable Federal past several months. The continued violence. prosecutors to pursue hate crimes consolidation only reduces competition In other words, the bill establishes an cases where local authorities often and increases energy costs. appropriate back-up for State and local lack the resources or the ability to Look at the refiners that may be tak- law enforcement to deal with hate prosecute such crimes. ing plants off-line at will for ‘‘routine

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6039 maintenance,’’ which is reminiscent of nesses, schools, libraries, hospitals, and ican economy. In the same way that the electricity crisis when generators many others share information extending electric power systems into took their plants off-line for ‘‘routine through computer networks. We shop rural areas stimulated a new demand maintenance’’ in order to artificially online. Some of us work at home, or in for electric appliances and other prod- increase prices. other locations, using networked com- ucts, the wider availability of My legislation will shed light on ma- puters to interact with our colleagues broadband communications will stimu- nipulation and hopefully curtail it. and associates. Distance learning and late electronic commerce and new com- The bill requires the Federal Trade telemedicine provide important serv- mercial services. Commission to automatically inves- ices in remote locations. In our per- For my State of West Virginia, and tigate the gasoline market for manipu- sonal lives we look to our networked other rural and low income States, the lation anytime average gasoline prices computers for entertainment and to availability of advanced communica- increase in any State by 20 percent in communicate with family and friends. tions systems will allow residents to a period of 3 months or less and remain These trends are accelerating dramati- participate in the 21st century econ- at that level for 7 days or more. cally. omy and have access to the economic Market manipulation would include, A decade ago, telephone-based low- and cultural benefits of urban living but it is not limited to, collusion or the bandwidth services met most of our while retaining their cherished rural creation of artificial shortages such as limited data communications needs. values and lifestyles. unnecessarily taking refineries off-line. Today this technology is obsolete. The consequences of failing to act are In determining the trigger, the gaso- Most businesses and many individuals serious. Businesses in infrastructure- line price used would be the Energy In- find that they require the ability to rich regions will prosper at the expense formation Agency’s weekly pricing of transmit information much faster, of those in rural and underserved re- regular grade gasoline. A report on the using what is commonly known as gions. New businesses will locate where FTC’s investigation would be due to broadband communications. Several the information infrastructure is Congress 14 days after the price trig- technologies compete to provide cus- strong. The migration of jobs to urban ger. tomers with broadband communica- and affluent areas will accelerate and Under the bill, the FTC would be re- tions. Among the most prominent are tax revenue in rural and underserved quired within 2 weeks of issuing the re- optical fiber, wireless, digital-sub- areas will continue to decline. Resi- port to hold a public meeting to discuss scriber lines, cable modems, power line dents of West Virginia and other rural the findings. If the finings indicate transmission, and satellites. states will continue to be at an eco- that there is market manipulation, Indeed, as the need for faster services nomic and educational disadvantage. then the FTC would work with the compounds, the technologies must be The ‘‘digital divide’’ will widen and the State’s attorney general to determine improved and even the definition of gap between ‘‘have’’ and ‘‘have-not’’ re- the penalties. broadband communications must be re- gions will expand. If the findings indicate that there is vised and updated. The now-obsolete Decisions on how this country choos- no market manipulation, then the U.S. telephone-based systems transmit data es to deploy information technology Department of Energy must officially at up to 56 thousand bits per second. have the power to fundamentally decide, within 2 weeks, the Strategic Today, internet service providers com- transform the future of rural America. Petroleum Reserve should be used in monly install first generation I firmly believe, and I am sure this order to ease prices and stabilize sup- broadband systems that transmit data view is shared by many of my col- ply. at rates between 256 thousand bits per leagues, that rural communities de- We need to deter market manipula- second and 4 million bits per second. serve the same opportunities as their tion. Otherwise, we risk serious price But we can now see clearly that these wealthier urban and suburban counter- gouging with no accountability to con- current-generation systems will be su- parts. We must make a commitment to sumers. My legislation offers a reason- perseded by second-generation systems, them now, while there is still time, able standard for an investigation and already being installed in a few areas, that their communications infrastruc- a reasonable time frame in which to which operate at data rates of up to 30 ture will not always be a generation or complete that investigation. I believe million bits per second. In other coun- more behind that of urban and subur- the threat of these investigations and tries, services that transmit and re- ban areas. the public light that would be shed on ceive data at 100 million bits per sec- My bill would provide incentives for the system will keep gasoline prices ond are already available to individ- broadband deployment by allowing pro- down. uals. Some industry experts predict viders, under certain conditions, to I urge my colleagues to cosponsor that within 5 to 10 years there will be treat their investments in broadband this bill. a substantial demand for systems that technologies as current-tax-year ex- operate at 1 billion bits per second. penses. Under my legislation, the in- By Mr. ROCKEFELLER (for him- Despite the industry downturn over centives provided by this bill would be self, Ms. SNOWE, Mr. BAUCUS, the past few years, America’s tele- differentiated to favor investments in Mr. BURNS, Mr. SCHUMER, Mr. communications providers are working technologies that will continue to meet BUNNING, and Ms. CANTWELL): to make higher speed communications communications needs further into the S. 1147. A bill to amend the Internal more widely available. Progress is fast- future. Revenue Code of 1986 to provide for the est, and the business case for invest- Half of investments in systems that expensing of broadband Internet access ment is most attractive, in affluent permit data to be received at rates of expenditures, and for other purposes; urban and suburban areas, especially 1.0 million bits per second and trans- to the Committee on Finance. newly developing areas. Rural areas mitted at rates of 128 thousand bits per Mr. ROCKEFELLER. Mr. President, I are less fortunate. Low population den- second would qualify. This is a sub- am introducing legislation that would sities, rugged terrain, and other factors stantial incentive to provide residents accelerate the deployment of advanced make these areas difficult and expen- of rural and underserved areas the ca- broadband internet access technologies sive to serve. Similarly, the business pabilities already enjoyed by individ- in rural and underserved regions. This case for providers to invest in under- uals and businesses in urban and subur- bipartisan legislation is very similar to served areas, mostly low income areas, ban areas. bills that I have introduced in the last is generally weak. Investments in systems that permit several Congresses. I want to thank As was the case with electric power data to be received at 22 million bits Senators SNOWE, BAUCUS, BURNS, SCHU- and telephone systems in the 20th cen- per second and transmitted at 5 million MER, CANTWELL, and BUNNING for co- tury, financial incentives will be nec- bits per second would fully qualify. sponsoring this bill. essary to assure the extension of This more powerful incentive chal- The convergence of computing and broadband communications infrastruc- lenges internet service providers to communications has fundamentally ture into rural and underserved re- provide the capabilities that they have and forever changed the way Ameri- gions. These incentives will also pro- already begun to introduce in urban cans live and work. Individuals, busi- vide a substantial benefit to the Amer- and suburban areas. Forward-looking

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6040 CONGRESSIONAL RECORD — SENATE May 26, 2005 providers will use this opportunity to ‘‘(2) LIMITATION.— per second to the subscriber and at least invest in technologies that can be up- ‘‘(A) IN GENERAL.—Qualified expenditures 128,000 bits per second from the subscriber. graded further as the demand grows. shall be taken into account under paragraph ‘‘(5) MULTIPLEXING OR DEMULTIPLEXING.— Americans believe strongly in equal (1) only with respect to qualified equip- The term ‘multiplexing’ means the trans- opportunity. This bill is just one part ment— mission of 2 or more signals over a single ‘‘(i) the original use of which commences channel, and the term ‘demultiplexing’ of an effort to make sure that all with the taxpayer, and means the separation of 2 or more signals Americans have equal access to modern ‘‘(ii) which is placed in service, after the previously combined by compatible multi- communications systems and the op- date of the enactment of this Act. plexing equipment. portunities that those systems are ‘‘(B) SALE-LEASEBACKS.—For purposes of ‘‘(6) NEXT GENERATION BROADBAND SERV- bringing in the 21st century. subparagraph (A), if property— ICE.—The term ‘next generation broadband I hope that the Members of this body ‘‘(i) is originally placed in service after the service’ means the transmission of signals at will support this important legislation. date of the enactment of this Act by any per- a rate of at least 22,000,000 bits per second to I ask unanimous consent that the son, and the subscriber and at least 5,000,000 bits per text of the bill be printed in the ‘‘(ii) sold and leased back by such person second from the subscriber. ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The RECORD. within 3 months after the date such property There being no objection, the bill was was originally placed in service, term ‘nonresidential subscriber’ means any person who purchases broadband services such property shall be treated as originally ordered to be printed in the RECORD, as which are delivered to the permanent place placed in service not earlier than the date on follows: of business of such person. which such property is used under the lease- S. 1147 ‘‘(8) OPEN VIDEO SYSTEM OPERATOR.—The back referred to in clause (ii). term ‘open video system operator’ means Be it enacted by the Senate and House of Rep- ‘‘(d) SPECIAL ALLOCATION RULES.— any person authorized to provide service resentatives of the United States of America in ‘‘(1) CURRENT GENERATION BROADBAND SERV- under section 653 of the Communications Act Congress assembled, ICES.—For purposes of determining the SECTION 1. EXPENSING OF BROADBAND INTER- amount of qualified broadband expenditures of 1934 (47 U.S.C. 573). NET ACCESS EXPENDITURES. THER WIRELESS CARRIER.—The term under subsection (a)(1) with respect to quali- ‘‘(9) O (a) IN GENERAL.—Part VI of subchapter B ‘other wireless carrier’ means any person fied equipment through which current gen- of chapter 1 of the Internal Revenue Code of (other than a telecommunications carrier, eration broadband services are provided, if 1986 (relating to itemized deductions for indi- commercial mobile service carrier, cable op- the qualified equipment is capable of serving viduals and ) is amended by in- erator, open video system operator, or sat- both qualified subscribers and other sub- serting after section 190 the following new ellite carrier) providing current generation scribers, the qualified broadband expendi- section: broadband services or next generation tures shall be multiplied by a fraction— ‘‘SEC. 191. BROADBAND EXPENDITURES. broadband service to subscribers through the ‘‘(A) the numerator of which is the sum of ‘‘(a) TREATMENT OF EXPENDITURES.— radio transmission of energy. the number of potential qualified subscribers ‘‘(1) IN GENERAL.—A taxpayer may elect to ‘‘(10) PACKET SWITCHING.—The term ‘packet within the rural areas and the underserved treat any qualified broadband expenditure switching’ means controlling or routing the areas which the equipment is capable of serv- which is paid or incurred by the taxpayer as path of any digitized transmission signal an expense which is not chargeable to capital ing with current generation broadband serv- which is assembled into packets or cells. ices, and account. Any expenditure which is so treated ‘‘(11) PROVIDER.—The term ‘provider’ shall be allowed as a deduction. ‘‘(B) the denominator of which is the total means, with respect to any qualified equip- potential subscriber population of the area ‘‘(2) ELECTION.—An election under para- ment— graph (1) shall be made at such time and in which the equipment is capable of serving ‘‘(A) a cable operator, such manner as the Secretary may prescribe with current generation broadband services. ‘‘(B) a commercial mobile service carrier, by regulation. ‘‘(2) NEXT GENERATION BROADBAND SERV- ‘‘(C) an open video system operator, ‘‘(b) QUALIFIED BROADBAND EXPENDI- ICES.—For purposes of determining the ‘‘(D) a satellite carrier, TURES.—For purposes of this section— amount of qualified broadband expenditures ‘‘(E) a telecommunications carrier, or ‘‘(1) IN GENERAL.—The term ‘qualified under subsection (a)(1) with respect to quali- ‘‘(F) any other wireless carrier, fied equipment through which next genera- broadband expenditure’ means, with respect providing current generation broadband tion broadband services are provided, if the to any taxable year, any direct or indirect services or next generation broadband serv- qualified equipment is capable of serving costs incurred after the date of the enact- ices to subscribers through such qualified both qualified subscribers and other sub- ment of this Act and before the date which is equipment. scribers, the qualified expenditures shall be 10 years after such date and properly taken ‘‘(12) PROVISION OF SERVICES.—A provider multiplied by a fraction— into account with respect to— shall be treated as providing services to 1 or ‘‘(A) the numerator of which is the sum ‘‘(A) the purchase or installation of quali- more subscribers if— of— fied equipment (including any upgrades ‘‘(A) such a subscriber has been passed by thereto), and ‘‘(i) the number of potential qualified sub- the provider’s equipment and can be con- ‘‘(B) the connection of such qualified scribers within the rural areas and under- nected to such equipment for a standard con- equipment to any qualified subscriber. served areas, plus nection fee, ‘‘(2) CERTAIN SATELLITE EXPENDITURES EX- ‘‘(ii) the number of potential qualified sub- ‘‘(B) the provider is physically able to de- CLUDED.—Such term shall not include any scribers within the area consisting only of liver current generation broadband services costs incurred with respect to the launching residential subscribers not described in or next generation broadband services, as ap- of any satellite equipment. clause (i), plicable, to such a subscriber without mak- ‘‘(3) LEASED EQUIPMENT.—Such term shall which the equipment is capable of serving ing more than an insignificant investment include so much of the purchase price paid with next generation broadband services, and with respect to such subscriber, by the lessor of qualified equipment subject ‘‘(B) the denominator of which is the total ‘‘(C) the provider has made reasonable ef- to a lease described in subsection (c)(2)(B) as potential subscriber population of the area forts to make such subscribers aware of the is attributable to expenditures incurred by which the equipment is capable of serving availability of such services, the lessee which would otherwise be de- with next generation broadband services. ‘‘(D) such services have been purchased by scribed in paragraph (1). ‘‘(e) DEFINITIONS.—For purposes of this sec- 1 or more such subscribers, and ‘‘(4) LIMITATION WITH REGARD TO CURRENT tion— ‘‘(E) such services are made available to GENERATION BROADBAND SERVICES.—Only 50 ‘‘(1) ANTENNA.—The term ‘antenna’ means such subscribers at average prices com- percent of the amounts taken into account any device used to transmit or receive sig- parable to those at which the provider makes under paragraph (1) with respect to qualified nals through the electromagnetic spectrum, available similar services in any areas in equipment through which current generation including satellite equipment. which the provider makes available such broadband services are provided shall be ‘‘(2) CABLE OPERATOR.—The term ‘cable op- services. treated as qualified broadband expenditures. erator’ has the meaning given such term by ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- section 602(5) of the Communications Act of ‘‘(A) IN GENERAL.—The term ‘qualified COUNT.—For purposes of this section— 1934 (47 U.S.C. 522(5)). equipment’ means equipment which provides ‘‘(1) IN GENERAL.—Qualified broadband ex- ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- current generation broadband services or penditures with respect to qualified equip- RIER.—The term ‘commercial mobile service next generation broadband services— ment shall be taken into account with re- carrier’ means any person authorized to pro- ‘‘(i) at least a majority of the time during spect to the first taxable year in which— vide commercial mobile radio service as de- periods of maximum demand to each sub- ‘‘(A) current generation broadband services fined in section 20.3 of title 47, Code of Fed- scriber who is utilizing such services, and are provided through such equipment to eral Regulations. ‘‘(ii) in a manner substantially the same as qualified subscribers, or ‘‘(4) CURRENT GENERATION BROADBAND SERV- such services are provided by the provider to ‘‘(B) next generation broadband services ICE.—The term ‘current generation subscribers through equipment with respect are provided through such equipment to broadband service’ means the transmission to which no deduction is allowed under sub- qualified subscribers. of signals at a rate of at least 1,000,000 bits section (a)(1).

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‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO density of more than 500 people per square in an underserved area or nonresidential sub- ACCOUNT.—Except as provided in subpara- mile of land. scriber maintaining a permanent place of graph (C) or (D), equipment shall be taken ‘‘(17) RURAL SUBSCRIBER.—The term ‘rural business located in an underserved area. into account under subparagraph (A) only to subscriber’ means any residential subscriber ‘‘(f) SPECIAL RULES.— the extent it— residing in a dwelling located in a rural area ‘‘(1) PROPERTY USED OUTSIDE THE UNITED ‘‘(i) extends from the last point of switch- or nonresidential subscriber maintaining a STATES, ETC., NOT QUALIFIED.—No expendi- ing to the outside of the unit, building, permanent place of business located in a tures shall be taken into account under sub- dwelling, or office owned or leased by a sub- rural area. section (a)(1) with respect to the portion of scriber in the case of a telecommunications ‘‘(18) SATELLITE CARRIER.—The term ‘sat- the cost of any property referred to in sec- carrier, ellite carrier’ means any person using the fa- tion 50(b) or with respect to the portion of ‘‘(ii) extends from the customer side of the cilities of a satellite or satellite service li- the cost of any property specified in an elec- mobile telephone switching office to a trans- censed by the Federal Communications Com- tion under section 179. mission/receive antenna (including such an- mission and operating in the Fixed-Satellite ‘‘(2) BASIS REDUCTION.— tenna) owned or leased by a subscriber in the Service under part 25 of title 47 of the Code ‘‘(A) IN GENERAL.—For purposes of this case of a commercial mobile service carrier, of Federal Regulations or the Direct Broad- title, the basis of any property shall be re- ‘‘(iii) extends from the customer side of the cast Satellite Service under part 100 of title duced by the portion of the cost of such prop- headend to the outside of the unit, building, 47 of such Code to establish and operate a erty taken into account under subsection dwelling, or office owned or leased by a sub- channel of communications for distribution (a)(1). of signals, and owning or leasing a capacity scriber in the case of a cable operator or ‘‘(B) ORDINARY INCOME RECAPTURE.—For or service on a satellite in order to provide open video system operator, or purposes of section 1245, the amount of the such point-to-multipoint distribution. ‘‘(iv) extends from a transmission/receive deduction allowable under subsection (a)(1) ‘‘(19) SATURATED MARKET.—The term ‘satu- antenna (including such antenna) which with respect to any property which is of a rated market’ means any census tract in transmits and receives signals to or from character subject to the allowance for depre- which, as of the date of the enactment of multiple subscribers, to a transmission/re- ciation shall be treated as a deduction al- this section— ceive antenna (including such antenna) on lowed for depreciation under section 167. ‘‘(A) current generation broadband services the outside of the unit, building, dwelling, or ‘‘(3) COORDINATION WITH SECTION 38.—No have been provided by a single provider to 85 credit shall be allowed under section 38 with office owned or leased by a subscriber in the percent or more of the total number of po- case of a satellite carrier or other wireless respect to any amount for which a deduction tential residential subscribers residing in is allowed under subsection (a)(1).’’. carrier, unless such other wireless carrier is dwellings located within such census tract, also a telecommunications carrier. (b) SPECIAL RULE FOR MUTUAL OR COOPERA- and TIVE TELEPHONE COMPANIES.—Section 512(b) ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- ‘‘(B) such services can be utilized— et switching equipment, regardless of loca- of the Internal Revenue Code of 1986 (relat- ‘‘(i) at least a majority of the time during ing to modifications) is amended by adding tion, shall be taken into account under sub- periods of maximum demand by each such paragraph (A) only if it is deployed in con- at the end the following new paragraph: subscriber who is utilizing such services, and ‘‘(18) SPECIAL RULE FOR MUTUAL OR COOPER- nection with equipment described in sub- ‘‘(ii) in a manner substantially the same as paragraph (B) and is uniquely designed to ATIVE TELEPHONE COMPANIES.—A mutual or such services are provided by the provider to cooperative telephone company which for perform the function of packet switching for subscribers through equipment with respect current generation broadband services or the taxable year satisfies the requirements to which no deduction is allowed under sub- of section 501(c)(12)(A) may elect to reduce next generation broadband services, but only section (a)(1). if such packet switching is the last in a se- its unrelated business taxable income for ‘‘(20) SUBSCRIBER.—The term ‘subscriber’ such year, if any, by an amount that does ries of such functions performed in the trans- means any person who purchases current mission of a signal to a subscriber or the not exceed the qualified broadband expendi- generation broadband services or next gen- tures which would be taken into account first in a series of such functions performed eration broadband services. under section 191 for such year by such com- in the transmission of a signal from a sub- ‘‘(21) TELECOMMUNICATIONS CARRIER.—The pany if such company was not exempt from scriber. term ‘telecommunications carrier’ has the taxation. Any amount which is allowed as a ‘‘(D) MULTIPLEXING AND DEMULTIPLEXING meaning given such term by section 3(44) of deduction under this paragraph shall not be EQUIPMENT.—Multiplexing and demultiplex- the Communications Act of 1934 (47 U.S.C. allowed as a deduction under section 191 and ing equipment shall be taken into account 153(44)), but— the basis of any property to which this para- under subparagraph (A) only to the extent it ‘‘(A) includes all members of an affiliated graph applies shall be reduced under section is deployed in connection with equipment de- group of which a telecommunications carrier 1016(a)(32).’’. scribed in subparagraph (B) and is uniquely is a member, and (c) CONFORMING AMENDMENTS.— designed to perform the function of multi- ‘‘(B) does not include a commercial mobile (1) Section 263(a)(1) of the Internal Rev- plexing and demultiplexing packets or cells service carrier. enue Code of 1986 (relating to capital expend- of data and making associated application ‘‘(22) TOTAL POTENTIAL SUBSCRIBER POPU- itures) is amended by striking ‘‘or’’ at the adaptions, but only if such multiplexing or LATION.—The term ‘total potential sub- end of subparagraph (H), by striking the pe- demultiplexing equipment is located between scriber population’ means, with respect to packet switching equipment described in any area and based on the most recent cen- riod at the end of subparagraph (I) and in- subparagraph (C) and the subscriber’s prem- sus data, the total number of potential resi- serting ‘‘, or’’, and by adding at the end the ises. dential subscribers residing in dwellings lo- following new subparagraph: ‘‘(J) expenditures for which a deduction is ‘‘(14) QUALIFIED SUBSCRIBER.—The term cated in such area and potential nonresiden- ‘qualified subscriber’ means— tial subscribers maintaining permanent allowed under section 191.’’. ‘‘(A) with respect to the provision of cur- places of business located in such area. (2) Section 1016(a) of such Code is amended by striking ‘‘and’’ at the end of paragraph rent generation broadband services— ‘‘(23) UNDERSERVED AREA.—The term ‘un- ‘‘(i) any nonresidential subscriber main- derserved area’ means— (30), by striking the period at the end of taining a permanent place of business in a ‘‘(A) any census tract which is located in— paragraph (31) and inserting ‘‘, and’’, and by rural area or underserved area, or ‘‘(i) an zone or enterprise adding at the end the following new para- ‘‘(ii) any residential subscriber residing in community designated under section 1391, or graph: a dwelling located in a rural area or under- ‘‘(ii) the District of Columbia Enterprise ‘‘(32) to the extent provided in section served area which is not a saturated market, Zone established under section 1400, or 191(f)(2).’’. and ‘‘(B) any census tract— (3) The table of sections for part VI of sub- ‘‘(B) with respect to the provision of next ‘‘(i) the poverty level of which is at least 30 chapter A of chapter 1 of such Code is generation broadband services— percent (based on the most recent census amended by inserting after the item relating ‘‘(i) any nonresidential subscriber main- data), and to section 190 the following new item: taining a permanent place of business in a ‘‘(ii) the median family income of which ‘‘Sec. 191. Broadband expenditures.’’. rural area or underserved area, or does not exceed— (d) DESIGNATION OF CENSUS TRACTS.— ‘‘(ii) any residential subscriber. ‘‘(I) in the case of a census tract located in (1) IN GENERAL.—The Secretary of the ‘‘(15) RESIDENTIAL SUBSCRIBER.—The term a metropolitan statistical area, 70 percent of Treasury shall, not later than 90 days after ‘residential subscriber’ means any individual the greater of the metropolitan area median the date of the enactment of this Act, des- who purchases broadband services which are family income or the statewide median fam- ignate and publish those census tracts meet- delivered to such individual’s dwelling. ily income, and ing the criteria described in paragraphs (16), ‘‘(16) RURAL AREA.—The term ‘rural area’ ‘‘(II) in the case of a census tract located (22), and (23) of section 191(e) of the Internal means any census tract which— in a nonmetropolitan statistical area, 70 per- Revenue Code of 1986 (as added by this sec- ‘‘(A) is not within 10 miles of any incor- cent of the nonmetropolitan statewide me- tion). In making such designations, the Sec- porated or census designated place con- dian family income. retary of the Treasury shall consult with taining more than 25,000 people, and ‘‘(24) UNDERSERVED SUBSCRIBER.—The term such other departments and agencies as the ‘‘(B) is not within a county or county ‘underserved subscriber’ means any residen- Secretary determines appropriate. equivalent which has an overall population tial subscriber residing in a dwelling located (2) SATURATED MARKET.—

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6042 CONGRESSIONAL RECORD — SENATE May 26, 2005 (A) IN GENERAL.—For purposes of desig- tal health services they provide in psychiatrists, who provide similar nating and publishing those census tracts skilled nursing facilities. Under the counseling, were exempted from this meeting the criteria described in subsection current system, social workers may system and continue to bill Medicare (e)(19) of such section 191— not be paid for services they provide. directly. This bill would exempt clin- (i) the Secretary of the Treasury shall pre- ical social workers, like their mental scribe not later than 30 days after the date of Psychologists and psychiatrists, who the enactment of this Act the form upon provide similar counseling, are able to health colleagues, from the prospective which any provider which takes the position separately bill Medicare for their serv- payment system, and would make sure that it meets such criteria with respect to ices. Congressmen STARK and LEACH that clinical social workers are paid any census tract shall submit a list of such are introducing a companion bill today for the services they provide to pa- census tracts (and any other information re- in the House of Representatives. tients in skilled nursing facilities. The quired by the Secretary) not later than 60 Since my first days in Congress, I Medicare, Medicaid, and SCHIP Bene- days after the date of the publication of such have been fighting to protect and fits Improvement and Protection Act form, and strengthen the safety of our Nation’s addressed some of these concerns, but (ii) the Secretary of the Treasury shall seniors. Making sure that seniors have this legislation would remove the final publish an aggregate list of such census tracts and the applicable providers not later access to quality, affordable mental barrier to ensuring that clinical social than 30 days after the last date such submis- health care is an important part of this workers are treated fairly and equi- sions are allowed under clause (i). fight. I know that millions of seniors tably for the care they provide. (B) NO SUBSEQUENT LISTS REQUIRED.—The do not have access to, or are not re- This bill is about more than paper- Secretary of the Treasury shall not be re- ceiving, the mental health services work and payment procedures. This quired to publish any list of census tracts they urgently need. Nearly 6 million billis about equal access to Medicare meeting such criteria subsequent to the list seniors are affected by , but payments for the equal and important described in subparagraph (A)(ii). only one-tenth ever gets treated. Ac- work done by clinical social workers. It (e) OTHER REGULATORY MATTERS.— cording to the American Psychiatric is about making sure our Nation’s (1) PROHIBITION.—No Federal or State agen- cy or instrumentality shall adopt regula- Association, up to 25 percent of the el- most vulnerable citizens have access to tions or ratemaking procedures that would derly population in the United States quality, affordable mental health care. have the effect of eliminating or reducing suffers from significant symptoms of The overarching goal we should be any deduction or portion thereof allowed mental illness and among nursing striving to achieve for our seniors is an under section 191 of the Internal Revenue home residents the prevalence is as overall improved quality of life. With- Code of 1986 (as added by this section) or oth- high as 80 percent. These mental dis- out clinical social workers, many nurs- erwise subverting the purpose of this section. orders, which include severe depression ing home residents may never get the (2) TREASURY REGULATORY AUTHORITY.—It and debilitating anxiety, interfere with counseling they need when faced with a is the intent of Congress in providing the life threatening illness or the loss of a election to deduct qualified broadband ex- the person’s ability to carryout activi- penditures under section 191 of the Internal ties of daily living and adversely affect loved one. I think we can do better by Revenue Code of 1986 (as added by this sec- their quality of life. Furthermore, our Nation’s seniors, and I’m fighting tion) to provide incentives for the purchase, older people have a 20 percent suicide to make sure we do. installation, and connection of equipment rate, the highest of any age group. The Clinical Social Work Medicare and facilities offering expanded broadband Every year nearly 6,000 older Ameri- Equity Act of 2005 is strongly sup- access to the Internet for users in certain cans kill themselves. This is unaccept- ported by the National Association of low income and rural areas of the United Social Workers and the Association for States, as well as to residential users nation- able and must be addressed. As a former social worker, I under- Geriatric Psychiatry. I also want to wide, in a manner that maintains competi- thank Senators STABENOW, BINGAMAN, tive neutrality among the various classes of stand the role that social workers play MURRAY, CORZINE, JOHNSON, and INOUYE providers of broadband services. Accord- in the overall care of patients and sen- ingly, the Secretary of the Treasury shall iors. This bill protects patients across for their cosponsorship of this bill. I prescribe such regulations as may be nec- the country and ensures that seniors look forward to working with my col- essary or appropriate to carry out the pur- living in underserved urban and rural leagues to enact this important legisla- poses of section 191 of such Code, including— areas, where clinical social workers are tion. Mr. President, I ask unanimous con- (A) regulations to determine how and when often the only available option for a taxpayer that incurs qualified broadband sent that the text of the bill and let- mental health care, continue to receive expenditures satisfies the requirements of ters of support be printed in the the treatment they need. Clinical so- section 191 of such Code to provide RECORD. broadband services, and cial workers, much like psychologists There being no objection, the mate- (B) regulations describing the information, and psychiatrists, treat and diagnose rial was ordered to be printed in the records, and data taxpayers are required to mental illnesses. In fact, clinical social RECORD, as follows: provide the Secretary to substantiate com- workers are the primary mental health NATIONAL ASSOCIATION OF SOCIAL pliance with the requirements of section 191 providers for nursing home residents WORKERS—POLITICAL ACTION FOR of such Code. and also seniors residing in rural envi- (f) EFFECTIVE DATE.—The amendments CANDIDATE ELECTION, made by this section shall apply to expendi- ronments. But unlike other mental Washington, DC, May 25, 2005. tures incurred after the date of the enact- health providers, clinical social work- Senator BARBARA MIKULSKI, ment of this Act. ers cannot bill directly for the impor- Hart Senate Office Building, tant services they provide to their pa- Washington, DC. By Ms. MIKULSKI (for herself, tients. Protecting seniors’ access to DEAR SENATOR MIKULSKI: I am writing on behalf of the National Association of Social Ms. STABENOW, Mr. BINGAMAN, clinical social workers can help make Workers (NASW), the largest professional so- Mrs. MURRAY, Mr. CORZINE, Mr. sure that our most vulnerable citizens cial work organization with over 153,000 JOHNSON, and Mr. INOUYE): get the quality, affordable mental members nationwide. NASW promotes, de- S. 1148. A bill to amend title XVIII of health care they need and deserve. This velops, and protects the affective practice of the Social Security Act to permit di- bill will correct this inequity and make social work and social workers. NASW also rect payment under the medicare pro- sure clinical social workers get the seeks to enhance the well being of individ- gram for clinical social worker services payments and respect they deserve. uals, families, and communities through its provided to residents of skilled nursing Before the Balanced Budget Act of work, service, and advocacy. NASW strongly supports the Clinical So- facilities; to the Committee on Fi- 1997, clinical social workers billed cial Work Medicare Equity Act of 2005, which nance. Medicare Part B directly for mental will end the unfair treatment of clinical so- Ms. MIKULSKI. Mr. President, in health services provided in nursing fa- cial workers under the Medicare Part B Pro- honor of Older Americans’ Mental cilities to each patient they served. spective Payment System (PPS) for Skilled Health Week, I rise today to introduce Under the Prospective Payment Sys- Nursing Facilities (SNFs). the Clinical Social Work Medicare Eq- tem, services provided by clinical so- Section 4432 of the Balanced Budget Act of 1997 authorized the creation of the PPS, uity Act of 2005. I am proud to sponsor cial workers are lumped, or ‘‘bundled,’’ under which the cost of a variety of daily this legislation that will ensure that along with the services of other health services provided to SNF patients is bundled clinical social workers can receive care providers for the purposes of bill- into a single amount. Prior to PPS, a sepa- Medicare reimbursements for the men- ing and payments. Psychologists and rate Medicare Part B claim was filed by the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6043 provider for each individual service rendered only fair but also necessary if nursing home health clinics, NPs and PAs are the to a patient. Congress made this change in residents are to have access to the mental only full-time providers of medical an attempt to capitate the rapidly rising health care they need. care. Likewise, NPs and PAs may be costs of additional patient services delivered AAGP commends you for your introduc- the only healthcare professionals on- by Medicare providers to SNF patients, with tion of this important legislation, and we the precise target being physical, occupa- look forward to working with you towards site after hours at local clinics. tional, and speech-language therapy serv- its enactment. These professions are regulated by all ices. However, Congress recognized that Sincerely, States and are covered providers with- some services, such as mental health and an- CHRISTINE M. de VRIES, in Medicare, Tri-Care, and nearly all esthesia, are best provided on an individual Executive Director. private insurance plans. Indeed, many basis rather than as part of the bundle of S. 1148 Federal workers already regularly re- services. Thus, the following types of pro- ceive medical care from NPs and PAs viders are specifically excluded from the Be it enacted by the Senate and House of Rep- PPS: physicians, clinical psychologists, cer- resentatives of the United States of America in through their Federal Employee Health tified nurse-midwives, and certified reg- Congress assembled, Benefits Plan. NPs and PAs are also istered nurse anesthetists. Unfortunately, SECTION 1. SHORT TITLE. employed by the Federal Government, due to an unintentional oversight during the This Act may be cited as the ‘‘Clinical So- including the Department of Veterans drafting process, clinical social workers were cial Work Medicare Equity Act of 2005’’. Affairs, Department of State, Depart- not listed among the aforementioned pro- SEC. 2. PERMITTING DIRECT PAYMENT UNDER ment of Defense, and the Public and In- viders in the legislation. THE MEDICARE PROGRAM FOR dian Health Services. In fact, most In 1996, Department of Health and Human CLINICAL SOCIAL WORKER SERV- Services Inspector General June Gibbs ICES PROVIDED TO RESIDENTS OF State workers’ compensation programs Brown published a report entitled ‘‘Mental SKILLED NURSING FACILITIES. cover NPs and PAs as reimbursable Health Services in Nursing Facilities’’. The (a) IN GENERAL.—Section 1888(e)(2)(A)(ii) of providers. purpose of the report was to describe the the Social Security Act (42 U.S.C. Again, I thank Senator KENNEDY for types of mental health services provided in 1395yy(e)(2)(A)(ii)) is amended by inserting his cooperation in ensuring cost-effec- nursing facilities and identify potential ‘‘clinical social worker services,’’ after tive quality medical care is available ‘‘qualified psychologist services,’’. vulnerabilities in the mental health services to injured Federal workers. covered by Medicare. One critical finding of (b) CONFORMING AMENDMENT.—Section 1861(hh)(2) of the Social Security Act (42 Mr. KENNEDY. Mr. President, today, the report was 70% of nursing home respond- with my distinguished colleague Sen- ents stated that permitting clinical social U.S.C. 1395x(hh)(2)) is amended by striking workers and clinical psychologists to bill ‘‘and other than services furnished to an in- ator ISAKSON, I am pleased to introduce independently had a beneficial effect on the patient of a skilled nursing facility which the Improving Access to Workers’ Com- provision of mental health services in nurs- the facility is required to provide as a re- pensation for Injured Federal Workers ing facilities. The Clinical Social Work quirement for participation’’. Act. Medicare Equity will maintain this bene- (c) EFFECTIVE DATE.—The amendments Our federal employees serve the ficial effect on SNF patients by ensuring the made by this section shall apply to items American public. Day in and day out, continuation of direct Medicare billing by and services furnished on or after the date that regulations relating to payment for they keep our homeland secure, protect clinical social workers for mental health our environment, and oversee and care services rendered to SNF patients. physicians’ services for calendar year 2005 Your efforts on behalf of mental health pa- take effect, but in no case later than the for those in need. They ensure the safe- tients and professional social workers na- first day of the third month beginning after ty of our food and our medicines, de- tionwide are greatly appreciated by our the date of the enactment of this Act. liver our daily mail, and undertake members. We thank you for your strong in- countless other duties that, while they terest in and commitment to this important By Mr. ISAKSON (for himself and sometimes go unnoticed, should never issue as demonstrated by your sponsorship of Mr. KENNEDY): be taken for granted. the Clinical Social Work Medicare Equity S. 1149. A bill to amend the Federal More than two-and-a-half million of Act. NASW looks forward to working with Employees’ Compensation Act to cover these workers are covered by the Fed- you on this and future issues of mutual con- services provided to injured Federal eral Employees’ Compensation Act cern. workers by physician assistants and Sincerely, (FECA). In addition to compensating DAVID DEMPSEY, nurse practitioners, and for other pur- workers for lost wages, FECA provides Manager, Government Relations and PACE. poses; to the Committee on Homeland medical treatment to Federal workers Security and Governmental Affairs. injured on the job, to help them return AMERICAN ASSOCIATION FOR Mr. ISAKSON. Mr. President, I am to health and to work quickly. GERIATRIC PSYCHIATRY, pleased to rise and join Senator KEN- FECA is an effective and fair com- Bethesda, MD, May 25, 2005. NEDY in introducing the Improving Ac- pensation system. This bill will make Hon. BARBARA MIKULSKI, cess to Workers’ Compensation for In- U.S. Senate, it even better by expanding it to cover Washington, DC. jured Federal Workers Act. services provided by nurse practi- DEAR SENATOR MIKULSKI: On behalf of the One of Congress’s biggest challenges tioners and physician assistants. This American Association for Geriatric Psychi- year in and year out is providing access will protect many workers who are now atry (AAGP), I am writing to endorse the to affordable quality healthcare for the without access to needed care when a ‘‘Clinical Social Work Medicare Equity Act American people. Today, I am pleased job-related injury strikes. of 2005.’’ to announce that Senator KENNEDY and Nurse practitioners and physicians’ AAGP is a professional membership orga- I have found an opportunity to provide nization dedicated to promoting the mental assistants play growing role in medical health and well-being of older people and im- injured Federal workers with a better care, with more than 100,000 nurse prac- proving the care of those with late-life men- system of reimbursable healthcare for titioners and 46,000 physicians’ assist- tal disorders. AAGP’s membership consists their workers compensation claims. ants across the country. They provide of 2,000 geriatric psychiatrists, as well as Physicians assistants and nurse prac- crucial services—diagnosing and treat- other health professionals who focus on the titioners are vital contributors to our ing illnesses, ordering and interpreting mental health problems faced by senior citi- healthcare system. Together, they pro- diagnostic and laboratory tests and zens. vide economical quality medical care This legislation would permit direct pay- educating and counseling patients and ment under the Medicare program for clin- to the American people. Unfortunately, families. In many States they can also ical social worker services provided to resi- however, they are currently not recog- prescribe medications. dents of skilled nursing facilities. The num- nized in the current FECA statute. Nurse practitioners and physicians’ bers of mental health professionals available When Federal workers’ compensation assistants provide these top quality to treat older adults, including residents of claims are signed by NPs or PAs, the services in a cost-effective way. The nursing homes, are already inadequate, and Federal Government denies these Department of Health and Human as the baby boom generation ages, the needs claims. With the introduction of this Services reports that an office visit to will only increase. Clinical social workers bill, Senator KENNEDY and I want to see a nurse practitioner costs 10 per- constitute a crucial component of the team of mental health professionals who are able correct this hurdle to economical med- cent to 40 percent less than comparable to deliver this care, and assuring that they ical care. services from a physician, and the Bu- are able to bill for their services in the same The need for this straightforward leg- reau of Labor Statistics calls physi- way as psychiatrists and psychologists is not islation is clear. In some rural area cians’ assistants ‘‘cost-effective and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6044 CONGRESSIONAL RECORD — SENATE May 26, 2005 productive members of the healthcare And we know that some of these placed with newer technologies. Just to team.’’ sources get lost or stolen. A 2003 GAO give one example, some steel mills While their impact is felt throughout report found that since 1998, there have have been replacing nuclear process our nation, these care providers play a been more than 1,300 incidents where gauges with other technologies. particularly important role in rural radiation sources were lost, stolen or By exploring other opportunities to and low-income urban areas, which are abandoned. reduce the use of radioactive materials often underserved by doctors. In fact, While not all of these sources and in- where possible and appropriate, we can in some rural areas, an injured Federal cidents present potential dirty bomb shrink the pool of radioactive mate- worker may be required to travel more threats, it’s clear that we need to do a rials that are available to make a dirty than one-hundred miles to see a physi- better job. bomb in the future. cian and receive care that is covered This legislation fills in remaining So I hope we can take action on this under FECA. This bill would expand gaps to enable the U.S. to more effec- legislation soon. Here in the Senate I Federal workers’ service options to in- tively control radiation sources. will be working with my colleagues to clude physicians’ assistants or nurse First, the bill would give the Nuclear see whether we can include this legisla- practitioners who are more likely to be Regulatory Commission the authority tion in a nuclear plant security bill located nearby. and the mandate to control Radium-226 that the committee will be marking up I urge my colleagues to join me in and other naturally occurring radio- in June. supporting this bill and recognizing the active materials that for historical I ask unanimous consent that the invaluable work done by our Federal reasons have remained outside of fed- text of bill be printed in the RECORD. employees and the high-quality cost-ef- eral control. There being no objection, the bill was fective care provided by nurse practi- Radium-226 is of particular concern, ordered to be printed in the RECORD, as tioners and physicians’ assistants. as it is on the list of radiation sources follows: that the United States has agreed to S. 1150 By Mrs. CLINTON: control as part of adhering to the S. 1150. A bill to increase the security International Atomic Energy Agency Be it enacted by the Senate and House of Rep- of radiation sources, and for other pur- resentatives of the United States of America in Code of Conduct on the Safety and Se- Congress assembled, poses; to the Committee on Environ- curity of Radioactive Sources. ment and Public Works. SECTION 1. SHORT TITLE. Radium-226 was used in medicine, This Act may be cited as the ‘‘Dirty Bomb Mrs. CLINTON. Mr. President, I rise starting early in the 20th century. Its Prevention Act’’. to discuss the Dirty Bomb Prevention use increased until the 1950s, when SEC. 2. RADIATION SOURCE PROTECTION. Act of 2005, which I am introducing there were more than 5,000 radium (a) AMENDMENT.—Chapter 14 of the Atomic today in the Senate, and Congressman users in the U.S. Since then, its use de- Energy Act of 1954 (42 U.S.C. 2201 et seq.) is MARKEY is introducing in the House. clined, and we don’t have a good handle amended by adding at the end the following Since September 11, we have in- on what is left out there. Because it is new section: creased our focus on dirty bombs, and naturally occurring, it has stayed out ‘‘SEC. 170C. RADIATION SOURCE rightly so. federal regulatory net. So we need to PROTECTION. — Most Americans are not aware of how give the NRC the authority to go out ‘‘a. NUCLEAR REGULATORY COMMISSION AP- common this radioactive material is in PROVAL.—Not later than 180 days after the and get control of it. date of enactment of this section, the Nu- our country. Often we think of war- Second, the bill requires the NRC to heads or rods used in nuclear reactors. clear Regulatory Commission shall issue reg- develop within 6 months of enactment ulations prohibiting a person from— However, we use less radioactive mate- a ‘‘cradle-to-grave’’ tracking system to ‘‘(1) exporting a radiation source unless the rials in positive ways in our hospitals, ensure that we know where radiation Nuclear Regulatory Commission has specifi- research laboratories, food irradiation sources of concern are at all times. cally found, with respect to that export, plants, oil drilling facilities, airport That’s just common sense, and if that— runway lighting, and even in smoke de- FedEx can do it, I think we ought to be ‘‘(A) the appropriate regulatory agency in tectors. able to do it for materials that could be the recipient country— And although these materials have ‘‘(i) has been informed of the proposed ex- used in a dirty bomb. port; and beneficial uses, the fact is that some of Third, the bill requires the establish- them, in the hands of a terrorist, could ‘‘(ii) has determined that the proposed ex- ment of import and export controls for port will be made in accordance with the re- be used to make a dirty bomb that radiation sources. This is obvious—we cipient nation’s laws and regulations; could be used to contaminate a wide need to know what’s coming and going ‘‘(B) the recipient nation has the appro- area in or in many as part of our efforts to control these priate technical and administrative capa- other places across the country. materials. bility, resources, and regulatory structure to According to the Federation of Amer- These 3 provisions are fundamental ensure that the radiation source will be man- ican Scientists, ‘‘material that could steps that we know we need to take aged in a safe and secure manner; and easily be lost or stolen from U.S. re- today to reduce the risk that radio- ‘‘(C) the person exporting the radiation source has made arrangements to retake pos- search institutions and commercial active materials will fall into the sites could contaminate tens of city session of it when the recipient is no longer wrong hands. using it; blocks at a level that would require But the bill also looks forward in sev- ‘‘(2) importing a radiation source unless prompt evacuation . . . Areas as large eral ways. the Nuclear Regulatory Commission has spe- as tens of square miles could be con- First, the bill requires an inter-agen- cifically found, with respect to that import, taminated at levels that exceed rec- cy task force on radiation source pro- that— ommended civilian exposure limits. ‘‘ tection to make periodic recommenda- ‘‘(A) the proposed recipient is authorized Even if such contamination caused tions to Congress and the NRC about under law to receive the shipment; and by a dirty bomb did not pose severe the safety and security of radiation ‘‘(B) the shipment will be made in accord- health threats, efforts to determine the sources. That way we will know how ance with all applicable Federal and State laws and regulations; and extent of contamination and clean it we’re doing, and what we need to do in ‘‘(3) selling or otherwise transferring own- up would be both expensive and disrup- the future. ership of a radiation source unless the Nu- tive. Second, the bill requires a National clear Regulatory Commission has specifi- And we know that radiation sources Academy of Sciences study of whether cally found, with respect to that sale or are numerous in the United States. The some current industrial uses of radi- transfer, that— Nuclear Regulatory Commission (NRC) ation sources could be replaced with ‘‘(A) the proposed recipient is authorized reports that about 157,000 general and non-radioactive or less dangerous ra- under law to receive the radiation source; specific licenses have been issued au- dioactive materials. As I stated early and thorizing the use of radioactive mate- ‘‘(B) the transfer will be made in accord- on, there are many beneficial and nec- ance with all applicable Federal and State rials for industrial, medical, and other essary uses of radioactive materials, laws and regulations. uses. About 1.8 million devices con- such as in medicine. ‘‘b. TRACKING SYSTEM.—Not later than 180 taining radioactive sources have been But there are some cases where use days after the date of enactment of this sec- distributed under these licenses. of radioactive materials can be re- tion, the Nuclear Regulatory Commission

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6045 shall issue regulations establishing a manda- local agencies and appropriate members of States with which the Commission has en- tory tracking system for all radiation the public, after public notice and an oppor- tered into an agreement under section 274 b., sources in the United States. Such system tunity for public comment, shall evaluate and the screening of shipments to facilities shall— and provide recommendations to ensure the particularly at risk for of radiation ‘‘(1) enable the identification of each radi- security of radiation sources from potential sources to ensure that they do not contain ation source by serial number or other terrorist threats, including acts of sabotage, explosives. unique identifier; theft, or use of such radiation sources in a ‘‘g. DEFINITION.—For purposes of this sec- ‘‘(2) require reporting within 24 hours of radiological dispersal device. tion, the term ‘radiation source’ means any any change of geographic location or owner- ‘‘(B) RECOMMENDATIONS TO CONGRESS AND sealed or unsealed source whose activity lev- ship of a radiation source, including any THE PRESIDENT.—Not later than 1 year after els are within Category 1, Category 2, or Cat- change of geographic location that occurs the date of enactment of this section, and egory 3 as defined under the Code of Conduct while the radiation source is being trans- not less than once every 3 years thereafter, on the Safety and Security of Radioactive ported; the task force shall submit a report to Con- Sources, approved by the Board of Governors ‘‘(3) require reporting within 24 hours of gress and to the President, in unclassified of the International Atomic Energy Agency any loss of control of or accountability for a form with a classified annex if necessary, on September 8, 2003.’’. radiation source; and providing recommendations, including rec- (b) TABLE OF SECTIONS AMENDMENT.—The table of sections of the Atomic Energy Act of ‘‘(4) provide for reporting through a secure ommendations for appropriate regulatory 1954 is amended by adding at the end of the Internet connection. and legislative changes, for— items relating to chapter 14 the following ‘‘c. PENALTY.—Each violation of regula- ‘‘(i) a list of additional radiation sources tions issued under subsection a. or b. shall be that should be required to be secured under new items: punishable by a civil penalty of up to this Act, based on their potential ‘‘Sec. 170B. Uranium supply $1,000,000. attractiveness to terrorists and the extent of ‘‘Sec. 170C. Radiation source protection’’. ‘‘d. NATIONAL ACADEMY OF SCIENCES the threat to public health and safety, tak- SEC. 3. TREATMENT OF ACCELERATOR-PRO- STUDY.—Not later than 60 days after the date ing into account radiation source radioac- DUCED AND OTHER RADIOACTIVE of enactment of this section, the Nuclear tivity levels, dispersability, chemical and MATERIAL AS BY-PRODUCT MATE- RIAL. Regulatory Commission shall enter into an material form, and, for radiopharma- (a) DEFINITION OF BYPRODUCT MATERIAL.— arrangement with the National Academy of ceuticals, the availability of these sub- Section 11 e. of the Atomic Energy Act of Sciences for a study of industrial, research, stances to physicians and patients whose 1954 (42 U.S.C. 2014(e)) is amended— and commercial uses for radiation sources. medical treatments relies on them, and (1) by striking ‘‘means (1) any radioactive’’ The study shall review the current uses for other factors as appropriate; and inserting ‘‘means— radiation sources, identifying industrial or ‘‘(ii) the establishment of or modifications ‘‘(1) any radioactive’’; other processes that utilize radiation sources to a national system for recovery of radi- (2) by striking ‘‘material, and (2) the that could be replaced with economically ation sources that have been lost or stolen; tailings’’ and inserting ‘‘material; and technically equivalent (or improved) ‘‘(iii) the storage of radiation sources not ‘‘(2) the tailings’’; and processes that do not require the use of radi- currently in use in a safe and secure manner; (3) by striking ‘‘content.’’ and inserting ation sources, or that can be used with radi- ‘‘(iv) modification to the national tracking ‘‘content; ation sources that would pose a lesser risk to system for radiation sources; ‘‘(3)(A) any discrete source of radium that public health and safety in the event of an ‘‘(v) the establishment of or modifications is produced, extracted, or converted after ex- accident or attack involving the radiation to a national system to impose fees to be col- traction, before, on, or after the date of en- source. The Nuclear Regulatory Commission lected from users of radiation sources, to be actment of this paragraph for use in com- shall transmit the results of the study to refunded when the radiation sources are mercial, medical, or research activity; or Congress not later than 24 months after the properly disposed of, or any other method to ‘‘(B) any material that— date of enactment of this section. ensure the proper disposal of radiation ‘‘(i) has been made radioactive by use of a ‘‘e. COMMISSION ACTIONS.—Not later than 60 sources; particle accelerator; and days after receipt by Congress and the Presi- ‘‘(vi) any modifications to export controls ‘‘(ii) is produced, extracted, or converted dent of a report required under subsection on radiation sources necessary to ensure after extraction, before, on, or after the date f.(3)(B), the Nuclear Regulatory Commission, that foreign recipients of radiation sources of enactment of this paragraph for use in in accordance with the recommendations of are able and willing to control United commercial, medical, or research activity; the task force, shall take any appropriate ac- States-origin radiation sources in the same and tions, including commencing revision of its manner as United States recipients; ‘‘(4) any discrete source of naturally occur- system for licensing radiation sources, and ‘‘(vii) whether alternative technologies are ring radioactive material, other than source shall take necessary steps to ensure that available that can perform some or all of the material, that— States that have entered into an agreement functions currently performed by devices or ‘‘(A) has been removed from the natural under section 274 b. establish compatible pro- processes that employ radiation sources, and environment and has been concentrated to grams in a timely manner. if so, the establishment of appropriate regu- levels greater than that found in the natural ‘‘f. TASK FORCE ON RADIATION SOURCE PRO- lations and incentives for the replacement of environment due to human activities; and TECTION AND SECURITY.— such devices or processes with alternative ‘‘(B) before, on, or after the date of enact- ‘‘(1) ESTABLISHMENT.—There is hereby es- technologies in order to reduce the number ment of this paragraph, is extracted or con- tablished a task force on radiation source of radiation sources in the United States, or verted after extraction for use in commer- protection and security. with radiation sources that would pose a cial, medical, or research activity.’’. ‘‘(2) MEMBERSHIP.—The task force shall be lesser risk to public health and safety in the (b) AGREEMENTS.—Section 274 b. of the headed by the Chairman of the Nuclear Reg- event of an accident or attack involving the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) ulatory Commission or the Chairman’s des- radiation source; and is amended— ignee. Its members shall be the following: ‘‘(viii) the creation of or modifications to (1) by amending paragraph (1) to read as ‘‘(A) The Secretary of Homeland Security procedures for improving the security of ra- follows: or the Secretary’s designee. diation sources in use, transportation, and ‘‘(1) byproduct materials (as defined in sec- ‘‘(B) The Secretary of Defense or the Sec- storage, which may include periodic Nuclear tion 11 e.);’’; retary’s designee. Regulatory Commission audits or inspec- (2) by striking paragraph (2); and ‘‘(C) The Secretary of Energy or the Sec- tions to ensure that radiation sources are (3) by redesignating paragraphs (3) and (4) retary’s designee. properly secured and can be fully accounted as paragraphs (2) and (3), respectively. ‘‘(D) The Secretary of Transportation or for, Nuclear Regulatory Commission evalua- (c) REGULATIONS.— the Secretary’s designee. tion of security measures, increased fines for (1) IN GENERAL.—Not later than 1 year after ‘‘(E) The Attorney General or the Attorney violations of Nuclear Regulatory Commis- the date of enactment of this Act, the Nu- General’s designee. sion regulations relating to security and clear Regulatory Commission, after con- ‘‘(F) The Secretary of State or the Sec- safety measures applicable to licensees who sultation with States and other stake- retary’s designee. possess radiation sources, criminal and secu- holders, shall promulgate final regulations ‘‘(G) The Director of National Intelligence rity background checks for certain individ- as the Commission considers necessary to or the Director’s designee. uals with access to radiation sources (includ- implement this Act and the amendments ‘‘(H) The Director of the Central Intel- ing individuals involved with transporting made by this Act. Such regulations shall in- ligence Agency or the Director’s designee. radiation sources), assurances of the phys- clude a definition of the term ‘‘discrete’’ for ‘‘(I) The Director of the Federal Emer- ical security of facilities that contain radi- purposes of paragraphs (3) and (4) of section gency Management Agency or the Director’s ation sources (including facilities used to 11 e. of the Atomic Energy Act of 1954 (as designee. temporarily store radiation sources being added by subsection (a)) that is designed to ‘‘(J) The Director of the Federal Bureau of transported), requirements and a mechanism ensure that byproduct material is controlled Investigation or the Director’s designee. for effective and timely exchanges of infor- in a manner consistent with other materials ‘‘(3) DUTIES.— mation regarding the results of such crimi- that pose the same threat to public health ‘‘(A) IN GENERAL.—The task force, in con- nal and security background checks between and safety and the common defense and secu- sultation with other State, Federal, and the Nuclear Regulatory Commission and rity.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6046 CONGRESSIONAL RECORD — SENATE May 26, 2005 (2) COOPERATION.—The Commission shall reacquire nuclear fuel described in paragraph In fact, the ‘‘cap and trade’’ provi- cooperate with the States in formulating the (1) for disposal, giving highest priority to nu- sions and the new technology title are regulations under paragraph (1), and to the clear fuel that is— complementary parts of a comprehen- extent practicable shall use existing State (i) in a location that is not secure; or sive program that will allow us to consensus standards. (ii) in a country that does not have suffi- usher in an new energy era, an era of (3) TRANSITION.—To ensure an orderly tran- cient resources to either properly dispose of sition of regulatory authority with respect the nuclear fuel or return the nuclear fuel to responsible and innovative energy pro- to byproduct material as defined in para- the United States for disposal. duction and use that will yield enor- graphs (3) and (4) of section 11 e. of the (B) AUTHORIZATION OF APPROPRIATIONS.— mous environmental, economic, and Atomic Energy Act of 1954 (as added by sub- There are authorized to be appropriated to diplomatic benefits. The ‘‘cap and section (a)), the regulations promulgated the Secretary of Energy $50,000,000 for each trade’’ portion provides the economic under paragraph (1) shall include a transi- of the fiscal years 2006 through 2010 for car- driver for existing and new tech- tion plan, developed in coordination with rying out subparagraph (A). nologies capable of supplying reliable States, for— (b) RADIATION SOURCES AND SEALED and clean energy and making the best (A) States that have not, before such plan SOURCES OF PLUTONIUM.— is issued, entered into an agreement with the (1) REPORT.—Not later than 6 months after use of America’s available energy re- Commission under section 274 b. of the the date of enactment of this Act, the Sec- sources. Because of the multiple bene- Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); retary of Energy shall transmit to Congress fits promised by this comprehensive and a report accounting for the location and sta- program, we expect that the new bill (B) States that have entered into such an tus of all radiation sources (as defined in sec- will attract additional support for the agreement with the Commission, including, tion 170C(g) of the Atomic Energy Act of vital purposes of the Climate Steward- in the case of a State that has entered into 1954, as added by section 1 of this Act) and ship Act. We simply need the political such an agreement and has certified that it sealed sources of plutonium weighing more will to match the public’s concern has an existing State program for licensing than 1 gram that have been exported by the of the byproduct material defined in para- Federal Government. about climate change, the economic in- graphs (3) and (4) of section 11 e. of the (2) REACQUISITION.— terests of business and consumers, and Atomic Energy Act of 1954 (as added by sub- (A) IN GENERAL.—The Secretary of Energy American technological ingenuity and section (a)) that is adequate to protect pub- shall, to the maximum extent practicable, expertise. lic health and safety, provision for assump- reacquire radiation sources and sealed Our comprehensive bill sets forth a tion by the State of regulatory responsi- sources of plutonium described in paragraph sound course toward a productive, se- bility for such byproduct material through (1) for disposal that are— cure, and clean energy future. Its pro- an administrative process that— (i) in a location that is not secure; or (i) provides interim provisional recognition visions are based on the important ef- (ii) in a country that does not have suffi- forts undertaken by academia, Govern- of an existing State program for licensing cient resources to either properly dispose of the byproduct material until adoption of an the radiation sources and sealed sources of ment, and business over the past dec- amended agreement under section 274 b.; and plutonium or return the radiation sources ade to determine the best ways and (ii) requires that the byproduct material is and sealed sources of plutonium to the means towards This energy future. included in the periodic reviews of the State United States for disposal. Most of these studies have shared two programs for adequacy and compatibility re- (B) AUTHORIZATION OF APPROPRIATIONS.— common findings. First, significant re- quired under section 274 j.(1). There are authorized to be appropriated to ductions in greenhouse gases—well be- (4) AVAILABILITY OF RADIOPHARMA- the Secretary of Energy $30,000,000 for each CEUTICALS.—In its promulgation of final yond the modest goals of our bill—are of the fiscal years 2006 through 2010 for car- feasible over the next 10 to 20 years rules under paragraph (1), the Commission rying out subparagraph (A). shall consider the impact on the availability using technologies available today. of radiopharmaceuticals to the physicians By Mr. MCCAIN (for himself and Second, the most important techno- and patients whose medical treatment relies Mr. LIEBERMAN): logical deployment opportunities to re- on them. S. 1151. A bill to provide for a pro- duce emissions over the next two dec- (d) WASTE DISPOSAL.— ades lie with energy efficient tech- (1) IN GENERAL.—Section 81 of the Atomic gram to accelerate the reduction of Energy Act of 1954 (42 U.S.C. 2111) is amended greenhouse gas emissions in the United nologies and renewable energy sources, by adding at the end the following: ‘‘Byprod- States by establishing a market-driven including solar, wind, and biofuels. For uct material may only be transferred to and system of greenhouse gas tradeable al- example, in the electric power sector, disposed of in a disposal facility licensed by lowances, to limit greenhouse gas which accounts for one-third of U.S. the Commission, if the disposal facility emissions in the United States and re- emissions, major pollution reductions meets the licensing requirements of the duce dependence upon foreign oil, to can be achieved by improving the effi- Commission and is adequate to protect pub- support the deployment of new climate ciency of existing fossil fuel plants, lic health and safety, or a disposal facility li- adding new reactors designs for nuclear censed by a State that has entered into an change-related technologies, and en- agreement with the Commission under sec- sure benefits to consumers; to the power, expanding use of renewable tion 274 b., if the disposal facility meets re- Committee on Environment and Public power sources, and significantly reduc- quirements of the State that are compatible Works. ing electricity demand with the use of with the licensing requirements of the Com- Mr. MCCAIN. Mr. President, I am energy-saving technologies currently mission and is adequate to protect public pleased to join with Senator LIEBER- available to residential and commer- health and safety.’’. MAN today in introducing an amended cial consumers. These clean tech- (2) BYPRODUCT MATERIAL NOT CONSIDERED version of the Climate Stewardship nologies need to be promoted and that LOW-LEVEL RADIOACTIVE WASTE.—Section 2(9) Act, which we introduced in February. is what spurs our action today. of the Low-Level Radioactive Waste Policy The legislation we submit today in- Before describing the details of this Act (42 U.S.C. 2021b(9)) is amended by adding after subparagraph (B) the following: corporates the provisions of S. 342, the legislation, I think it is important to ‘‘Such term shall not include byproduct ma- Climate Stewardship Act of 2005, in its talk about what has occurred since the terial as defined in paragraphs (3) and (4) of entirety, along with a new comprehen- Senate vote on this issue in October section 11 e. of the Atomic Energy Act of sive title regarding the development 2003. For example, the scientific evi- 1954.’’. and deployment of climate change re- dence of human-induced climate (e) EFFECTIVE DATE.—Subsections (a), (b), duction technologies. This new title, change has grown even more abundant. and (d) shall take effect 1 year after the date of enactment of this Act. when combined with the ‘‘cap and But just since February of this year, SEC. 4. RADIATION SOURCES CONTROLLED BY trade’’ provisions of the previously in- when I highlighted the results of the DEPARTMENT OF ENERGY. troduced bill, will promote the com- Arctic Climate Impact Assessment, (a) NUCLEAR FUEL.— mercialization of technologies that can even more startling evidence about the (1) REPORT.—Not later than 6 months after significantly reduce greenhouse gas Arctic region has been revealed. In a the date of enactment of this Act, the Sec- emissions, mitigate the impacts of cli- recent Congressional briefing, Dr. Rob- retary of Energy shall transmit to Congress mate change, and increase the Nation’s ert Corell, chair of Arctic Climate Im- a report accounting for the location and sta- energy independence. And, it will help pact Assessment, presented recent data tus of all nuclear fuel that has been exported by the Federal Government. to keep America at the cutting edge of indicating that climate change in the (2) REACQUISITION.— innovation where the jobs and trade Arctic is occurring more rapidly than (A) IN GENERAL.—The Secretary of Energy opportunities of the new economy are previously thought. Annual average shall, to the maximum extent practicable, to be found. arctic temperatures have increased at

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6047 twice the rate of global temperatures It appears that Mr. Blair’s two prior- some of the key provisions designed to over the past several decades, with ities are quickly becoming one enor- enhance innovation and commer- some regions increasing by five to ten mous challenge. cialization in key areas. These include times the global average. In its September 2004 issue, The Na- zero and low greenhouse gas emitting The latest observations show Alas- tional Geographic devotes 74 pages lay- power generation, such as nuclear, coal ka’s 2004 June–July–August mean tem- ing out in great detail the necessity of gasification, solar and other renew- perature to be nearly 5 degrees Fahr- tackling our planet’s problem of global ables, geological carbon sequestration, enheit, 2.8 degrees Celsius, above the warming. In an introductory piece, and biofuels: 1971–2000 historic mean, and permafrost Editor-in-Chief Bill Allen described The bill directs the Secretary of temperature increasing enough to just how important he thinks this par- Commerce, through the former Tech- cause it to start melting. Dr. Corell ticular series of articles is: nology Administration, which would be said the Greenland ice sheet is melting Why would I publish articles that make renamed the Innovation Administra- more rapidly than thought even 5 years people angry enough to stop subscribing? tion, to develop and implement new ago, and that the climate models indi- That’s easy. These three stories cover sub- policies that foster technological inno- cate that warming over Greenland is jects that are too important to ignore. From vation to address global warming. likely to be up to three times the glob- Antarctica to Alaska to Bangladesh, a global These new directives include: devel- al average, with warming projected to warming trend is altering habitats, with dev- oping and implementing strategic be in the range of 5 to 11 degrees Fahr- astating ecological and economic effects. . . plans to promote technological innova- enheit, 3 to 6 degrees Celsius, which This isn’t science fiction or a Hollywood tion; identifying and removing barriers movie. We’re not going to show you waves will most certainly lead to sea-level to the research, development, and com- swamping the Statue of Liberty. But we are mercialization of key technologies; rise. These are remarkable new sci- going to take you all over the world to show entific findings. you the hard truth as scientists see it. I can prioritizing and maximizing key fed- It isn’t surprising that just this past live with some canceled memberships. I’d eral R&D programs to aid innovation; Tuesday, indigenous leaders from Arc- have a harder time looking at myself in the (establishing public/private partner- tic regions called on the European mirror if I didn’t bring you the biggest story ships to meet vital innovation goals; Union to do more to fight global warm- in geography today. and promoting national infrastructure ing and to consider giving aid to their The articles highlight many inter- and educational initiatives that sup- peoples, saying their way of life is at esting facts. Dr. Lonnie Thompson of port innovation objectives. risk. Global warming is said to be caus- Ohio State University collects ice It also authorizes the Secretary of ing the arrival in the far north of mos- cores from glaciers around the world, Energy to establish public/private part- quitoes bearing infectious diseases. including the famed snows of Kiliman- nerships to promote the commer- And in Scandinavia, more frequent jaro, which could vanish in 15 years. cialization of climate change tech- rains in the winter are causing sheets According to Dr. Thompson, ‘‘What nologies by working with industry to of ice to develop on top of snow, caus- glaciers are telling us, is that it is now advance the design and demonstration ing animals to die of hunger because warmer than it has been in the past of zero and low emission technologies they cannot reach the grass under- 2,000 years over vast areas of the plan- in the transportation and electric gen- neath. et.’’ Many of the ice cores he has in his eration sectors. Specifically, the Sec- We are not asking for sympathy, said freezer may soon contain the only re- retary would be authorized to partner with industry to share the cost, 50/50, Larisa Abrutina of the Russian Association mains of the glaciers from which they of ‘‘first-of-a-kind’’ designs for ad- of Indigenous Peoples of the North. We are came from. asking each country in the world to examine vanced coal, nuclear energy, solar and Highlighted quotes from the articles if it is truly doing its part to slow climate biofuels. Moreover, each time that a include: Things that normally happen change. utility builds a plant based on the in geologic time are happening during The efforts taking place globally to ‘‘first-of-a-kind engineering’’ design the span of a human lifetime. The fu- address climate change have gained authorized by this bill, a ‘‘royalty’’ ture breakdown of the thermohaline even greater prominence. For example, type payment will be paid by the util- circulation remains a disturbing possi- British Prime Minister Tony Blair has ity to reimburse the original amount bility. More than a hundred million made climate change one of his top two provided by the Government. people worldwide live within 3 feet of issues during his Presidency of the G8. After the detail design phase is com- mean sea level. At some point, as tem- Mr. Blair’s commitment to addressing plete, the Secretary would be able to peratures continue to rise, species will climate change should be commended. provide loans or loan guarantees, Up to have no room to run. The natural cy- He has chosen to take action and not 80 percent, for the construction of cles of interdependent creatures may to hide behind the uncertainties that these new designs including three nu- fall out of sync. We will have a better the science community will soon re- clear plant designs certified by the idea of the actual changes in 30 years. solve. The Prime Minister made it NRC that would produce zero green- But it is going to be a very different clear in a January speech at World house gas emissions; three advanced world. Economic Forum in Davos as to his in- coal gasification plants with carbon Global warming demands urgent ac- tentions when he said: capture and storage that make use of tion on all fronts, and we have an obli- . . . if America wants the rest of the world to our abundant coal resources while stor- be a part of the agenda it has set, it must be gation to promote the technologies ing carbon emissions underground; a part of their agenda too. that can help us meet the challenge. three large scale solar energy plants to The top two issues that Prime Min- Our aim has never been simply to in- begin to tap the enormous potential of ister Blair has chosen to deal with are troduce climate stewardship legisla- this completely clean energy source; climate change and poverty in Africa. tion. Rather our purpose is to have leg- and three large scale facilities to It is interesting to note that a recent islation enacted to begin to address the produce the clean, efficient, and plenti- article in the New York Times high- urgent global warming crisis that is ful biofuel of the future—cellulosic eth- lighted the connection between the two upon us. This effort cannot be about anol. issues. The article highlights that a 50- political expediency. It must be about The loan program will be adminis- year-long drying trend is likely to con- practical realities and addressing the tered by a Climate Technology Financ- tinue and appears to be tightly linked most pressing issue facing not only our ing Board, whose membership will in- to substantial warming of the Indian nation, but the world. We believe that clude the Secretary of Energy, a rep- Ocean. According to Dr. James Hurrell, our legislation offers practical and ef- resentative from the Climate Change a scientist at the National Center for fective solutions and we urge each Credit Corporation, as would be created Atmospheric Research: members careful consideration and in the bill, and others with pertinent support. . . . the Indian Oceans shows very clear and expertise. Once each plant is oper- dramatic warming into the future, which I will include for the Record a more ational, the private partner will be ob- means more and more drought for southern detailed description of the various ligated to pay back these loans from Africa. It is consistent with what we would components of the new technology the government, as is the case with expect from an increase in greenhouse gases. title. However, I do want to describe any construction loan.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6048 CONGRESSIONAL RECORD — SENATE May 26, 2005 I think it is important to be very such as Jeffrey Immelt, CEO of General the commercialization of zero and low- clear about this ambitious, but nec- Electric, one of the largest companies emission electric generation tech- essary, technology title. We intend in the U.S. nologies, including nuclear, clean coal, that much, if not all, of the costs of the Moreover, using the proven market solar and other renewable energies, and demonstration initiatives, along with principles that underlie cap and trade biofuels. the loan program, will be financed by will harness American ingenuity and I want to take some time to address the early sale of emission allowances innovation and do more to spur the in- the bill’s nuclear provisions. Although through the Climate Change Credit novation and commercialization of ad- these provisions are only part of the Corporation under the cap and trade vanced environmental technologies comprehensive technology package, I program, so that industry and the mar- than any system of previous energy- am sure they will be the focus of much ket will foot much of the bill, not the bill style subsidies that Congress can attention. taxpayers. And, as I already men- devise. I know that some of our friends in tioned, the bill requires that any Fed- Three decades of assorted energy the environmental community main- eral money used to build plants will be bills prove that while subsidies to pro- tain strong objections to nuclear en- repaid by the utility when the plant be- mote alternative energy technologies ergy, even though it supplies nearly 20 comes operational. may sometimes help, alone they are percent of the electricity generated in Finally, the bill contains a mecha- not transformational. In the 1970s, the U.S. and much higher proportions nism requiring utilities to pay reim- Americans were waiting in line for lim- in places such as France, Belgium, bursement ‘‘royalties’’ as they build ited supplies of high priced gasoline. Sweden and Switzerland—countries plants based on zero and low emission We created a Department of Energy to that aren’t exactly known for their en- designs created with Federal assist- help us find a better way. Yet today, 30 vironmental disregard. But the fact is, ance. These funding provisions are years later, we remain wedded to fossil nuclear is clean, producing zero emis- more fair and certain than requiring fuels, economically beholden to the sions, while the burning of fossil fuels taxpayers to cover the entire costs of Middle East and we continue to alter to generate electricity produces ap- these programs and depending upon fu- the makeup of the upper atmosphere proximately 33 percent of the green- ture appropriations. But there will be with the ever-increasing volume of house gases accumulating in the at- some costs involved. That is why it is greenhouse gas emissions. Our dividend mosphere, and is a major contributor important to weigh these expenditures is continued energy dependence and to air pollution affecting our commu- against the staggering cost of inaction global warming that places our nation nities on global warming. I think we will find and the globe at enormous environ- The idea that nuclear power should more than a justified cost-benefit out- mental and economic risk. Not a very play no role in our energy mix is an come. good deal. unsustainable position, particularly In addition to promoting new or un- Cap and trade is the trans- given the urgency and magnitude of derutilized technologies, the bill also formational mechanism for reducing the threat posed by global warming includes a provision to aid in the de- carbon dioxide emissions, protecting which most regard as the greatest envi- ployment of available and efficient en- the global environment, diversifying ronmental threat to the planet. ergy technologies. This would be ac- the Nation’s energy mix, advancing our The International Energy Agency es- complished through a ‘‘reverse auc- economy, and spurring the develop- timates that the world’s energy con- tion’’ provision, which would establish ment and deployment of new and im- sumption is expected to rise over 65 a cost effective and proven mechanism proved technologies that can do the percent within the next 15 years. If the for Federal procurement and incen- job. It is indispensable to the task be- demand for electricity is met using tives. Providers’ ‘‘bids’’ would be evalu- fore us. traditional coal-fired power plants, not ated by the Secretary on their ability The Climate Stewardship and Innova- only will we fail to reduce carbon emis- to reduce, eliminate, or sequester tion Act does not prescribe the exact sions as necessary, the level of carbon greenhouse gas emissions. formula by which allowances will be al- The ‘‘reverse auction’’ program located under a cap and trade system. in the atmosphere will skyrocket, in- would be funded initially by the tax- This should be determined administra- tensifying the greenhouse effect and payers but eventually would be funded tively through a process developed the global warming it produces. by the proceeds from the annual auc- with great care to achieve the prin- As nuclear plants are decommis- tion of tradeable allowances conducted ciples and purposes of the Act. This in- sioned, the percentage of U.S. elec- by the Climate Change Credit Corpora- cludes assuring that high emitting tricity produced by this zero emission tion under the cap and trade program. utilities have ample incentives to clean technology will actually decline. I want to clarify that this bill doesn’t up and can make emission reductions Therefore, at a minimum, we must propose to dictate to industry what is economically and that low emitting make efforts to maintain nuclear ener- economically prudent for their par- utilities are treated justly and recog- gy’s level of contribution, so that this ticular operations. Rather, it provides nized for their efficiency. Getting this capacity is not replaced with higher a basis for the selection and implemen- balance right will not be easy, but it emitting alternatives. I, for one, be- tation of their own market-based solu- can and must be done. lieve it can and should play an even tions, using a flexible emissions trad- The fact remains that, if enacted, the greater role, not because I have some ing system model that has successfully bill’s emission cap will not go into ef- inordinate love affair with splitting the reduced acid rain pollution under the fect for another 5 years. In the interim atom, but for the very simple reason Clean Air Act at a fraction of antici- there is much that the country can and that we must support sustainable, zero- pated costs—less than 10 percent of the should do to promote the most environ- emission alternatives such as nuclear if costs that some had predicted when the mentally and economically promising we are serious about addressing the legislation was enacted. That success- technologies. This includes removing problem of global warming. ful model can and must be used to ad- unnecessary barriers to commercializa- I would like to submit for the record dress this urgent and growing global tion of new technologies so that new a piece written by Nicholas Kristof of warming crisis. plants, products, and processes can the New York Times. Mr. Kristof made The ‘‘cap and trade’’ approach to move more efficiently from design and the following observation: ‘‘It’s in- emission management is a method en- development, to demonstration and, ul- creasingly clear that the biggest envi- dorsed by Congress and free-market timately, to the marketplace. Again, ronmental threat we face is actually proponents for over 15 years after it without cap and trade, these efforts global warming and that leads to a cor- was first applied to sulfur dioxide pol- will pale, but the new technology title ollary: nuclear energy is green.’’ He lution. Applying the same model to we propose will work hand in glove goes on to quote James Lovelock, a carbon dioxide and other greenhouse with the emission cap and trade system British scientist who created the Gaia gases is a matter of good policy and to meet our objectives. principle that holds the earth is a self- simple, common sense. It is an ap- As I mentioned, the new title con- regulating organism. He quoted Mr. proach endorsed by industry leaders tains a host of measures to promote Lovelock as follows:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6049 I am a Green, and I entreat my friends in in terms of ill-health and diminished Global warming exists, an we have to do the movement to drop their wrongheaded ob- quality of life. That is simply a matter something about it, and what we have to do jection to nuclear energy. Every year that of fact. about it is reduce carbon dioxide. we continue burning carbon makes it worse It is also inescapable that the ability Again, the chief science advisor to for our descendents. Only one immediately to ‘‘externalize’’ these costs places available source does not cause global warm- the President of the United States says ing, and that is nuclear energy. clean competitors at a great disadvan- that global warming exists, and what tage. Based on that fact, and in light of I have always been and will remain a we have to do about it is to reduce car- the enormous environmental and eco- committed supporter of solar and re- bon dioxide. newable energy. Renewables hold great nomic risk posed by global warming, I believe that providing zero and low The road ahead on climate change is promise, and, indeed, the technology a difficult and challenging one. How- title contains equally strong incentives emission technologies such as nuclear a boost into the market place where ever, with the appropriate investments in their favor. But today solar and re- in technology and the innovation proc- newables account for only about 3 per- they can compete, and either sink or ess, we can and will prevail. Innovation cent our energy mix. We have a long swim, is responsible public policy, and and technology have helped us face way to go, and that is one of the objec- a matter of simple public necessity, many of our national challenges in the tives of this legislation—to help pro- particularly, as we enact a cap on car- past, and can be equally important in mote these energy technologies. bon emissions. I want to stress nothing in this title The Navy has operated nuclear pow- this latest global challenge. alters, in any way, the responsibilities ered submarine for more than 50 years Advocates of the status quo seem to and has an impressive safety and per- and authorities of the Nuclear Regu- suggest that we do nothing, or next to formance record. The Naval Reactors latory Commission. Safety and secu- nothing, about global warming because program has demonstrated that nu- rity will remain, as they should, para- we don’t know how bad the problem clear power can be done safely. One of mount in the citing, design, construc- might become, and many of the worst the underpinning of its safety record is tion and operation of nuclear power effects of climate change are expected the approach used in its reactor de- plants. And the winnowing effect of the to occur in the future. This attitude re- signs, which is to learn and build upon free market, as it should, will still de- flects a selfish, live-for-today attitude previous designs. Unfortunately for the termine which technologies succeed or unworthy of a great nation, and thank- commercial nuclear industry, they fail in the market place. But the idea fully, not one practiced by preceding have not had the opportunity to use that a zero-emission technology such generations of Americans who devoted such an approach since the industry as nuclear has little or no place in our themselves to securing a bright and has not been able to build a reactor in energy mix is just as antiquated, out- prosperous tomorrow for future genera- over the past 25 years. This lapse in of-step and counter-productive as our tions, not just their own. continued dependence on fossil fuels. construction has led us to where we are Should it prevail, our climate steward- today with the industry’s aging infra- When looking back at Earth from ship and clean air goals will be vir- structure. As we have learned from space, the astronauts of Apollo 11 could tually impossible to meet. other industries, this in itself rep- see features such as the Great Wall of The environmental benefit of nuclear resents a great risk to public safety. China and forest fires dotting the energy is exactly why during his ten- I want to close my comments on the globe. They were moved by how small, ure, my friend, Morris Udall, one of the nuclear provisions with two thoughts. solitary and fragile the earth looked greatest environmental champions the A recent article in Technology Review from space. Our small, solitary and United States has ever known, spon- seems particularly pertinent to those fragile planet is the only one we have sored legislation in the House, as I did with reservations about nuclear power. and the United States of America is in the Senate, to develop a standard- It stated: privileged to lead in all areas bearing ized nuclear reactor that would maxi- The best way for doubters to control a new on the advance of mankind. And lead mize safety, security, and efficiency. technology is to embrace it, lest it remain in again, we must, Mr. President. It is our The Department of Energy has done the hands of the enthusiasts. privilege and sacred obligation as much of the work called for by that This is particularly sage advice be- Americans. cause, frankly, the facts make it ines- legislation. Now it is time for the log- I ask unanimous consent an editorial ical next steps. The new title of this capably clear—those who are serious about the problem of global warming from the New York Times be printed in legislation promotes these steps by au- the RECORD. thorizing Federal partnership to de- are serious about finding a solution. There being no objection, the mate- velop first of a kind engineering for the And the rule of nuclear energy which rial was ordered to be printed in the latest reactor designs, and then to con- has no emissions has to be given due consideration. RECORD, as follows: struct three demonstration plants. Mr. President, don’t simply take my Once the demonstration has been word regarding the magnitude of the [From the New York Times, Apr. 12, 2005] made, free-market competition will global warming problem. Consider the NUCLEAR POWER HAS BECOME A GREEN take it from there. And the bill pro- National Academy of Sciences which SOURCE OF ENERGY vides similar partnership mechanisms reported in 2001 that: (By Nicholas Kristof) for the other clean technologies, so we Greenhouse gases are accumulating in the are in no way favoring one technology Earth’s atmosphere as a result of human ac- If only one thing used to be crystal clear to over another. tivities, causing surface air temperatures any environmentalist, it was that nuclear No doubt, some people will object to and subsurface ocean temperatures to rise. energy was the deadliest threat this planet the idea of the Federal Government Temperatures are, in fact, rising. The faced. That’s why Dick Gregory pledged at a playing any role in helping dem- changes observed over the last several dec- huge antinuke demonstration in 1979 that he onstrate and commercialize new and ades are likely mostly due to human activi- would eat no solid food until all U.S. nuclear beneficial nuclear designs. I have spent ties. . . . plants were shut down. 20 years in this body fighting for the Also consider the warning on NASA’s Gregory may be getting hungry. responsible use of taxpayer dollars and website which states: But it’s time for the rest of us to drop that against porkbarrel spending and cor- With the possible exception of another hostility to nuclear power. It’s increasingly world war, a giant asteroid, or an incurable clear that the biggest environmental threat porate welfare. I will continue to do so. plague, global warming may be the single The fact remains that fossil fuels we face is actually global warming, and that largest threat to our planet. leads to a corollary: Nuclear energy is green. have been subsidized for many decades Consider the words of the EPA that Nuclear power, in contrast to other at levels that can scarcely be cal- Rising global temperatures are expected to sources, produces no greenhouse gases. Presi- culated. The enormous economic costs raise sea level, and change precipitation and dent Bush’s overall environmental policy of damage caused by air pollution and other local climate conditions. Changing re- gives me the shivers, but he’s right to push greenhouse gas emissions to the envi- gional climate could alter forest, crop yields ahead for nuclear energy. There haven’t been and water supplies. . . . ronment and human health are not any successful orders for new nuclear plants factored into the price of power pro- And, let’s consider the views of Presi- since 1973, but several proposals for new duced by fossil-fueled technologies. Yet dent Bush’s Science Advisor, Dr. John plants are now moving ahead—and that’s it is a cost that we all bear, too often Marburger who says that, good for the world we live in.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6050 CONGRESSIONAL RECORD — SENATE May 26, 2005 Global energy demand will rise 60 percent duce a second version of our Climate greenhouse gas pollution; the pull from during the next 25 years, according to the Stewardship Act with improvements— giving them incentives to innovate, International Energy Agency, and nuclear the Climate Stewardship AND Innova- along with financial support for bring- power is the cleanest and best bet to fill that tion Act (CSIA). ing the best innovations forward. gap. Solar power is a disappointment, still ac- In the computer age, we might call There are many actions we can take counting for only about one-fifth of 1 percent this Climate Stewardship 2.0. In this today to meet the targets set in our of the nation’s electricity and costing about new version we take the time-tested original bill, ranging from increasing five times as much as other sources. Wind is strengths of the Climate Stewardship the efficiency of our operations, to promising because its costs have fallen 80 Act—like the emissions cap and trade boosting the use of renewable energy, percent, but it suffers from one big problem: program—and add new features to spur for which so many states are now ad- Wind doesn’t blow all the time. It’s difficult innovation and lead us into a 21st Cen- mirably pushing. But to advance be- to rely on a source that comes and goes. tury energy economy that prizes zero- yond this goal and maintain emissions In contrast, nuclear energy already makes up 20 percent of America’s power, not to or low-carbon emission technologies. reductions in the future with a growing mention 75 percent of France’s. A sensible And we do all this with market-driv- economy, we will need to push both in- energy plan must encourage conservation— en programs that will promote a com- novation and the deployment of cli- far more than Bush’s plans do—and promote petition for efficient technologies and mate friendly technologies that al- things like hybrid vehicles and hydrogen fuel that don’t drain the federal budget. ready exist. cells. But for now, nuclear power is the only Let me start with the basics. While we’re on the subject of tech- source that doesn’t contribute to global Climate change is real and its costs nology and investment, I want to be warming and that can quickly become a to the economy will be devastating if sure that everybody sees that our emis- mainstay of the grid. Is it safe? No, not entirely. Three Mile Is- we don’t act. sions trading market itself will unleash land and Chernobyl demonstrated that, and Consider this very real example: 184 a multi-billion dollar flow of capital there are also risks from terrorists. Alaskan coastal villages already need into technology and innovation. Our Then again, the world now has a half-cen- to be relocated because their land and opponents insist that everybody see tury of experience with nuclear power infrastructure are being destroyed by the emissions reduction requirements plants, 440 of them around the world, and advancing seas and warmer tempera- of this bill as costs. The truth is that they have proved safer so far than the alter- tures that are melting the permafrost. these so-called costs are vital invest- natives. America’s biggest power source is It will cost more than $100 million to ment flows necessary to bring about in- now coal, which kills about 25,000 people a year through soot in the air. relocate just one of these towns. novation, invention and technological To put it another way, nuclear energy What would be the price if we needed change in an era where our climate, seems much safer than our dependency on to do the same for New Orleans, Miami, our economy and even our national se- coal, which kills more than 60 people every or Santa Cruz, California? curity depend on our ability to wean day. SwissRe, North America’s leading re- ourselves from our dependence on oil, Moreover, nuclear technology has become insurer, projects that climate driven so much of which is imported from un- far safer through the years. The future may disasters could cost global financial stable regions in the world. belong to pebble-bed reactors, a new design centers more than $150 billion per year Because technological change and in- that promises to be both highly efficient and incapable of a meltdown. within the next ten years. novation are so important for both cli- Radioactive wastes are a challenge. But The original Climate Stewardship mate change and energy independence, burdening future generations with nuclear Act asked the American people and our bill creates a dedicated public sec- wastes in deep shafts is probably more rea- businesses to reduce their carbon emis- tor mechanism for ensuring that some sonable than burdening them with a warmer sions to 2000 levels—which were quite of that investment flow is directed at world in which Manhattan is under water. close to today’s levels by the end of the the technologies we need—including, Right now, the only significant U.S. source decade. for example, biofuels and clean ways of of electricity that does not involve carbon All we are saying is ‘‘Don’t make the emissions is hydropower. But salmon runs burning coal, to name just two exam- have declined so much that we should be rip- problem worse! Do no further harm.’’ ples from a potentially open-ended ping out dams, not adding more. Our proposal—then and now—will re- menu of climate-friendly technology What killed nuclear power in the past was duce carbon emissions by putting a choices. cold economics. Major studies at MIT and price on them with a cap and trade pol- The new bill we are introducing elsewhere show that nuclear power is still a icy similar to the one used so success- today helps assure that the most im- bit more expensive than new coal or natural fully in the Clean Air Act of 1990 which portant and efficient technological al- gas plants, but in the same ballpark if fossil reduced acid rain. ternatives are supported. We do not fuel prices rise. And if a $200-per-ton tax Simply put, a business that doesn’t pick winners or losers. That’s for the were imposed on carbon emissions, nuclear reach its emissions target can buy energy would become cheaper than coal from market to do. Our bill is technology new plants. emissions credits from those under the neutral, but does make sure that if So it’s time to welcome nuclear energy as target. there are barriers to developing or green (though not to subsidize it with direct And, by the way, at the time we de- using new technologies, the resources handouts, as the nuclear industry would bated the acid rain program, industry are available to knock those barriers like). Indeed, some environmentalists are al- estimated it would cost $1,000 a ton to down. ready climbing onboard. For example, the comply and would ruin the economy. This bill provides support for first-of- National Commission on Energy Policy, a Today those emissions credits sell for its-kind innovation or early-adoption privately financed effort involving environ- between $100 and $200 a ton. mentalists, academics and industry rep- of new energy technologies with mini- resentatives, issued a report in December America’s innovators found a way to mal cost to the federal budget. that favors new nuclear plants. make it work for the economy and the Instead of turning to the taxpayer, One of the most eloquent advocates of nu- environment—twin challenges that can our bill uses a self-funding mechanism clear energy is James Lovelock, the British and must move together in concert, by empowering the Secretary of En- scientist who created the Gaia hypothesis, not conflict. ergy to use some of the money gen- which holds that Earth is, in effect, a self- Because ‘‘cap-and-trade’’ creates a erated through the purchase of emis- regulating organism. price for greenhouse emissions, it ex- sions credits, funneled through a new ‘‘I am a Green, and I entreat my friends in poses the true cost of burning fossil the movement to drop their wrongheaded ob- public corporation our bill creates, to jection to nuclear energy,’’ Lovelock writes, fuels and will drive investment toward help bring innovations to market. And adding: ‘‘Every year that we continue burn- lower-emitting technologies. this is not small change. It is a sub- ing carbon makes it worse for our descend- If we are going to meet the challenge stantial multibillion dollar contribu- ents. Only one immediately available source of climate change, while making sure tion every year. does not cause global warming, and that is that our economy remains strong, we Mr. President, this kind of public sec- nuclear energy.’’ need a program that gives business and tor support has many encouraging Mr. LIEBERMAN. Mr. President, I industry both a push and pull. precedents. rise today with my friend and col- The push will come from requiring From the telegraph to the Internet, league Senator JOHN MCCAIN to intro- business and industry to cut their it was the timely intervention of the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6051 federal government that helped bring ideas for how to accelerate and build a that mental illness was a leading new technologies to market. climate friendly future. We hope that cause—second only to cardiovascular And, if we don’t help bring these new our colleagues will join us in this con- diseases—of otherwise healthy years of low-carbon or zero-carbon technologies versation so we can put forth—and life lost to premature death or dis- to market, we will be buying them pass—the best proposal possible. ability. The Surgeon General found from the nations that do. that the occurrence of mental illness We only need look at the popular hy- By Ms. SNOWE (for herself, Mr. among older adults is widespread, with brid cars—low-emitting vehicles that KERRY, Mr. SMITH, and Ms. COL- a substantial portion of the population consumers have shown they want by LINS): aged 55 and older—almost 20 percent— the long waiting lists that exist to buy S. 1152. A bill to amend title XVIII of experiencing specific disorders that are them. And then remember that Amer- the Social Security Act to eliminate not a part of ‘‘normal’’ aging. ican manufacturers must license this discriminatory copayment rates for Older Americans also have the high- technology from Japan. outpatient psychiatric services under est rate of suicide in the country, and Our bill also ensures that assistance the Medicare Program; to the Com- the risk of suicide increases with age. is provided to help with the transition mittee on Finance. In fact, in the State of Maine, the sui- to new technology and energy produc- Ms. SNOWE. Mr. President, I rise cide rate for seniors is three times as tion with programs to reduce consumer today to introduce the Medicare Men- high as the rate for adolescents. It is costs, to help dislocated workers and tal Health Copayment Equity Act of not surprising, therefore, to find that communities, and to substantially sup- 2005 with my colleagues, Senator JOHN untreated depression among the elderly port the deployment of climate friend- KERRY, Senator GORDON SMITH, and has substantially increased their risk ly technology and energy production. Senator SUSAN COLLINS. of death by suicide. We also know that some regions— Briefly, our bill would correct a seri- Another sad irony involves individ- like my State of Connecticut—and ous disparity in Medicare payment pol- uals with disabilities. Medicare is often businesses like DuPont, BP, and Kodak icy for mental health treatment. Medi- viewed as health insurance for people have already acted pro actively and are care beneficiaries typically pay 20 per- over age 65 but it also provides health working to reduce emissions on their cent of the cost of covered outpatient insurance for those with severe disabil- own. We commend these actions. Even services, including doctor’s visits, as a ities. The single most frequent cause of more important, our bill ensures that ‘‘copayment’’ or coinsurance, and disability for both Social Security and credit will be given to them for their Medicare pays the remaining 80 per- Medicare benefits is mental disorders— good work. cent. But Medicare law imposes a spe- affecting almost 1.4 million of 6 million Just a few months ago, the head of cial limitation for outpatient mental Americans who receive Social Security the international panel on climate health services which requires patients disability benefits. Yet, Medicare pays change, Dr. R. Pachauri, said that ‘‘we to pay a much higher copayment, 50 far less for the critical mental health are already at a dangerous point when percent. As a result, Medicare bene- services needed by these beneficiaries it comes to global warming. . . . Imme- ficiaries pay two and a half times as than it does for medical treatment for diate and very deep cuts in greenhouse much—50 percent coinsurance—for their physical disabilities. gases are needed if humanity is to sur- treatment of any mental disorders. However, the good news is that, vive.’’ Our bill will eliminate the disparity today, there are increasingly effective Let me repeat those last words, ‘‘If in payment by reducing this discrimi- treatments for mental illness. The ma- humanity is to survive.’’ natory copayment over a 6-year period, jority of people with mental disorders When I quoted Dr. Pachauri on this starting in 2006, from the current 50 who receive proper treatment can lead floor in February, I reminded the Sen- percent to the standard 20 percent. productive lives. Congress should re- ate that the Bush Administration lob- This means that, in 2012, patients seek- move disincentives that inhibit access bied heavily for Dr. Pachauri’s appoint- ing outpatient treatment for mental to mental health services so that those ment to the IPCC leadership because it illness will pay the same 20 percent co- seeking treatment for these disorders considered him a more cautious and payment that is required of Medicare do not have to face financial barriers pragmatic scientist. patients today who receive outpatient to care. It is time to remove stigmas I quote him today because his warn- treatment for other illnesses. The goal and overcome the lack of under- ing words are so clear and strong. of our bill is ultimately to achieve ‘‘co- standing of mental disorders by equal- Global warming is truly one of the payment equity’’ for Medicare mental izing Medicare copayment require- great challenges of our age—a chal- health services. ments for mental health services. lenge where the Heavens and the Earth Let me give an example of the cur- I urge my colleagues to join with me meet. rent disparity in copayments. If a and bring Medicare payment policy It is a challenge of Biblical propor- Medicare patient sees a doctor in an of- into the 21st century. tions—to meet God’s call in Corin- fice for treatment of cancer, heart dis- I would also like to submit letters thians to be ‘‘stewards’’ of His mys- ease, or the flu, the patient must pay from the American Psychiatric Asso- teries—and in Genesis to go forth and 20 percent of the fee for the visit. But ciation and the Mental Health Liaison ‘‘replenish the earth’’ to both work and if a Medicare patient sees a psychia- Group, 36 national organizations sup- guard the garden. trist, psychologist, social worker, or porting this legislation, and I ask If we don’t take these simple steps other professional in an office for unanimous consent that these letters now—steps that are well within both treatment of depression, schizophrenia, of support be printed in the RECORD. our technological and financial grasp— or any other type of mental illness, the There being no objection, the mate- the generations to come will rightfully patient must pay 50 percent of the fee. rial was ordered to be printed in the look back at us with scorn and ask why What sense does this make? RECORD, as follows: we acted so selfishly . . . why we cared Indeed, our bill has a larger purpose, AMERICAN PSYCHIATRIC ASSOCIATION, only for our own short-term profits and to help end an outdated distinction— Arlington, VA, May 26, 2005. Hon. OLYMPIA SNOWE, comforts . . . and why we left them a between treatment of physical and U.S. Senate, world environment in danger. We must mental disorders—and to ensure that Washington, DC. act on our vision of a better future, a Medicare beneficiaries have equal ac- Hon. JOHN KERRY, future that is most definitely within cess to treatment for all their health U.S. Senate, our reach. conditions. Perhaps this disparity Washington, DC. That is what Senator MCCAIN and I would not matter so much if mental DEAR SENATOR SNOWE AND SENATOR KERRY: are convinced our CSIA will do. disorders were less prevalent. But the Later today you will receive a letter, initi- We put forth this innovation and Surgeon General has told us otherwise. ated by the American Psychiatric Associa- tion, from some 35 members of the Mental technology proposal to start a con- A landmark report of the Surgeon Health Liaison Group (MHLG) thanking you versation here in the Senate with col- General in 1999 emphasized the impor- for your leadership in again introducing leg- leagues whose support we need to get tance of access to treatment for mental islation to phase out Medicare’s discrimina- to a majority, and to provide some disorders. The Surgeon General found tory 50 percent coinsurance.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6052 CONGRESSIONAL RECORD — SENATE May 26, 2005 We are of course a cosigner of the MHLG American Managed Behavioral Healthcare plorer has been extremely successful letter, but I wanted to add my own personal Association; American Mental Health Coun- over its first 5 years. These low-emis- thanks for your tireless efforts to end 40 selors Association; American Occupational sion propane-powered vehicles have years of discrimination against patients Therapy Association; American Psychiatric carried more than 1.5 million riders seeking outpatient mental health services Association; American Psychiatric Nurses under Medicare Part B. It should be simply Association. since 1999. In doing so, they removed unacceptable to compel such patients to pay American Psychoanalytic Association; 424,000 vehicles from the park and re- 50 percent of the cost of their care out of American Psychological Association; Amer- duced pollution by 24 tons. their own pockets. The real ‘‘winners’’ under ican Psychotherapy Association; Anxiety Unfortunately, the system lacks a your legislation are patients. Disorders Association of America; Associa- central parking and bus boarding area. I also wish to specifically acknowledge the tion for the Advancement of Psychology; As- As a result, day use visitors do not hard work and dedication of Sue Walden, sociation for Ambulatory Behavioral have ready access to the Island Ex- Heather Mizeur, and Aaron Jenkins of your Healthcare; Bazelon Center for Mental plorer. My legislation would authorize staffs. You are each extremely well served by Health Law; Children and Adults with Atten- their efforts. tion-Deficit/Hyperactivity Disorder; Clinical the Secretary of the Interior to provide Sincerely, Social Work Federation; Clinical Social assistance in the planning, construc- JAMES H. SCULLY, Jr., Work Guild; Depression and Bipolar Support tion, and operation of an intermodal Medical Director. Alliance; Eating Disorders Coalition for Re- transportation center in Trenton, ME. search, Policy & Action. This center will include parking for MENTAL HEALTH LIAISON GROUP, Ensuring Solutions to Alcohol Problems; day users, a visitor orientation facility Washington, DC, May 26, 2005. International Society of Psychiatric-Mental highlighting park and regional points Hon. OLYMPIA SNOWE, Health Nurses; NAADAC, The Association Russell Senate Office Building, for Addiction Professionals; National Alli- of interest, a bus boarding area, and a Washington, DC. ance for the Mentally Ill; National Associa- bus maintenance garage. This center, Hon. JOHN KERRY, tion for Children’s Behavioral Health; Na- which will be built in partnership with Russell Senate Office Building, tional Association for Rural Mental Health; the Federal Highway Administration, Washington, DC. National Association of Anorexia Nervosa U.S. Department of Transportation, DEAR SENATORS SNOWE AND KERRY: The un- and Associated Disorders (ANAD); National Maine Department of Transportation, dersigned organizations in the Mental Health Association of Mental Health Planning & Ad- and other partners, will reduce traffic Liaison Group, representing patients, health visory Councils; National Association of Pro- congestion, preserve park resources professionals and family members, are tection and Advocacy Systems; National As- pleased to support your legislation, the sociation of Psychiatric Health Systems; Na- and the visitor experience, and ensure Medicare Mental Health Copayment Equity tional Mental Health Association; and Sui- a vibrant tourist economy. Act. Under your legislation, Medicare’s his- cide Prevention Action Network USA. Finally, my legislation would extend toric discriminatory 50 percent coinsurance the 16-member Acadia National Park for outpatient mental health care would be By Ms. COLLINS (for herself and Advisory Commission for an additional reduced over six years to 20 percent, bringing Ms. SNOWE): 20-year period. This commission was the coinsurance into line with that required S. 1154. A bill to extend the Acadia created by Congress in 1986 and is cur- of Medicare beneficiaries for other Part B National Park Advisory Commission, rently due to expire in 2006. That would services. Simply put, current law discriminates to provide improved visitor services at be a mistake. The commission consists against Medicare beneficiaries who seek the park, and for other purposes; to the of three Federal representatives, three treatment for mental illness. This affects el- Committee on Energy and Natural Re- State representatives, four representa- derly and non-elderly Medicare beneficiaries sources. tives from local towns on Mount Desert alike when they seek mental health care. Ac- Ms. COLLINS. Mr. President, I rise Island, three from adjacent mainland cording to the 1999 U.S. Surgeon General’s today to introduce the Acadia National communities, and three from adjacent report on mental health, almost 20 percent of Park Improvement Act of 2005. This offshore islands. These representatives elderly individuals have some type of mental legislation takes important steps to disorder uncommon in typical aging. In addi- have provided invaluable advice relat- tion, elderly individuals have the highest ensure the long-term health of one of ing to the management and develop- rate of suicide in the U.S., often the result of America’s most beloved national parks. ment of the Park. The commission has depression. The Surgeon General’s report It would increase the land acquisition proven its worth many times over and states, ‘‘Late-life depression is particularly ceiling at Acadia by $10 million; facili- deserves to be extended for an addi- costly because of the excess disability that it tate an off-site intermodal transpor- tional 20 years. causes and its deleterious interaction with tation center for the Island Explorer Acadia National Park is a true gem physical health. Older primary care patients bus system; and extend the Acadia Na- of the Maine coastline. The park is one with depression visit the doctor and emer- tional Park Advisory Commission. of Maine’s most popular tourist des- gency rooms more often, use more medica- tion, incur higher outpatient charges, and In 1986, Congress enacted legislation tinations, with nearly 3 million visi- stay longer at the hospital.’’ designating the boundary of Acadia Na- tors every year. While unsurpassed in The 50 percent coinsurance requirement tional Park. However, many private beauty, the park’s ecosystem is also also is unfair to the non-elderly disabled lands were contained within the perma- very fragile. Unless we are careful, we Medicare population. Because many of these nent authorized boundary. Congress risk substantial harm to the very place individuals have severe mental illnesses authorized the Park to spend $9.1 mil- that Mainers and Americans hold so combined with low incomes and high medical lion to acquire those lands from willing dear. expenses, a 50 percent coinsurance obligation In 11 years, Acadia will be 100 years is a serious patient burden. For elderly and sellers only. While all of that money non-elderly Medicare beneficiaries alike, has now been spent, rising land prices old. Age has brought both increasing Medicare is a critical source of care. Your have prevented the money from going popularity and greater pressures. By legislation to ensure that Medicare bene- as far as Congress originally intended. providing an extra $10 million to pro- ficiaries needing mental health care incur There are over 100 private tracts left tect sensitive lands, expanding the only the same cost-sharing obligations as re- within the official park boundary. highly successful Island Explorer quired of all other Medicare patients would Nearly 20 of these tracts are currently transportation system, and extending end the statutory discrimination against available from willing sellers, but the the Acadia National Park Advisory Medicare beneficiaries seeking treatment for park does not have the funds to pur- Commission, this legislation will help mental disorders. Thank you for your leadership in address- chase them. My legislation would au- make the park stronger and healthier ing this important issue for the nation’s 40 thorize an additional $10 million to than ever on the occasion of its centen- million Medicare patients. help acquire these lands. Since these nial anniversary. Sincerely, lands already fall within the congres- Ms. SNOWE. Mr. President, I rise Alliance for Children and Families; Amer- sionally authorized boundary, this ef- today to offer my cosponsorship to the ican Academy of Child and Adolescent Psy- fort would ‘‘fill in the holes’’ at Acadia, Acadia National Park Improvement chiatry; American Association for Geriatric Act of 2005. For those of you who have Psychiatry; American Association of Chil- rather than enlarging the park. dren’s Residential Centers; American Asso- My legislation will also facilitate the not had the good fortune to visit one of ciation of Pastoral Counselors; American As- development of an intermodal trans- the crown jewels in the National Park sociation of Practicing Psychiatrists; Amer- portation center as part of the Island system, Acadia National Park, the first ican Group Psychotherapy Association; Explorer bus system. The Island Ex- national park established east of the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6053 Mississippi, is located on the rugged will allow the Park to locate an inter- Federal Government agencies and pro- coast of Maine, encompassing over modal center outside of park bound- grams—both discretionary and entitle- 47,000 acres that follow the shoreline, aries off of Mt. Desert Island to give ment—and put them under the review go up mountains of sheer granite, dot- even more assistance to the one road of a bipartisan commission. Members ted with numerous lakes and ponds, di- entering and exiting the Park by alle- of the commission would be appointed verse habitats that create striking sce- viating auto traffic to and on the is- by both majority and minority leaders nery and make the park a haven for land and to achieve cleaner air. in both House of Congress and by the wildlife and plants. This past Earth I will continue to take actions for ad- President. Day was celebrated by one of my staff ditions within the Park boundaries, for The commission would review Fed- members along with devotees of the local input into the management proc- eral agencies and programs in order to Park on the South Ridge Trail of Cad- ess, for a better public transportation present draft legislation to the Con- illac Mountain, the highest point on system for the Island that will create a gress that would realign or eliminate the U.S. Atlantic coast, on the same healthier environment, and better sup- duplicative, wasteful, inefficient, out- ground where the Wabanaki Indians port the Park’s ecological protections. dated, irrelevant, or failed agencies walked over 6,000 years ago. They I look forward to continue working and programs. called the surrounding Mount Desert with the people of Mt. Desert Island, Each House of Congress would get Island Pemetic, ‘‘the sloping land’’. the Park’s Supervisor, and the Friends one vote on the draft legislation—up or Acadia National Park certainly cov- of Acadia, a devoted, independent phi- down—without amendment. ers a land of contrast and diversity, lanthropy that has raised $15 million in CARFA would create a new approach with a variety of freshwater, estuarine, private endowments for the Park, on to increase the efficiency of the Fed- forest and intertidal resources and is issues important to all of us for the eral Government by giving the general one of the most visited Parks in the preservation of the beautiful land- interest a stronger voice in the system. For example, there might be a program national park system, and rightfully scape, the ocean’s coastline, and for en- that is important to my home State of so, as it offers magnificent views from vironmental improvements in Acadia Kansas that would be cut by the pro- Cadillac Mountain that sweep down National Park, the very place where posed legislation, but I only get one 1,530 feet to the rocky coast and ocean the first light of day shines on our glo- vote and there are a variety of other below. Besides its natural beauty, the rious Nation. Park brings in $130 million a year into programs that I really do think need to the State’s economy. By Mr. BROWNBACK (for him- be eliminated. Since I only have one vote, I can jus- It is because of the great beauty of self, Mr. ALEXANDER, Mr. tify voting for the measure when I go the Park and its scenic views that I ALLARD, Mr. BUNNING, Mr. back home by showing to my constitu- have continued my efforts to achieve CHAMBLISS, Mr. COBURN, Mr. ents that there were a number of other cleaner air for the area and for the en- CORNYN, Mr. CRAIG, Mr. CRAPO, programs that needed to be realigned tire State. The pristine Park is, unfor- Mr. DEMINT, Mr. ENSIGN, Mr. or cut. Thus, CARFA makes the overall tunately, a good example of how the ENZI, Mr. GRAHAM, Mrs. goal of balancing the Federal budget State is affected by dirty air that HUTCHISON, Mr. INHOFE, Mr. more achievable. blows in from away, estimated to be SAKSON C AIN I , Mr. M C , Mr. We need CARFA now more than ever. around 80 percent, that is affecting ANTORUM ESSIONS S , Mr. S , Mr. The Federal Government spends both the air we breathe and our ability SUNUNU, Mr. TALENT and Mr. $2,292,000,000 per year on discretionary to enjoy the natural beauty of the THUNE): and mandatory spending. That is a lot S. 1155. A bill to establish a commis- 47,000 acres of the Park. of money. My Kansas constituents I am a devoted fan of the Island Ex- sion to conduct a comprehensive re- often say: ‘‘I don’t mind paying my plorer bus system, whose clean pro- view of Federal agencies and programs taxes, but make sure my hard-earned pane-powered vehicles offer visitors and to recommend the elimination or money is well spent.’’ At a time when and residents free transportation to realignment of duplicative, wasteful, Federal spending is at an all time high, hiking trails, the unique carriage or outdated functions, and for other topping $20,000 per household, we owe roads, the island beaches and for in- purposes; to the Committee on Home- our constituents the accountability town shopping. It is estimated that the land Security and Governmental Af- that would result from CARFA. Island Explorer buses took the place of fairs. Last year, we had a bipartisan hear- an estimated 300,000 vehicles during the Mr. BROWNBACK. Mr. President, I ing on CARFA, at which all witnesses last four years, and prevented the re- rise today to introduce the Commission supported the CARFA concept. We lease of 24 tons of nitrogen oxide and on the Accountability and Review of have incorporated some of the sugges- volatile organic compounds from car Federal Agencies, CARFA, Act with tions made at that hearing, and I be- exhaust. I understand that other na- over 20 original cosponsors. lieve this year’s version of CARFA is tional parks are considering using the This is an important measure that I even better. positive benefits of the Island Explorer have been developing and advocating I am pleased that the Senate is al- system as a transportation model for over the past few years. CARFA’s ready on record supporting the CARFA parks all around the country. A great premise is simple: Members of Congress concept through Section 502 of this deal of thanks should go to the sur- need a tool that will help them use tax- year’s budget resolution, and it is my rounding towns and to L.L. Bean for fi- payer dollars more efficiently. hope that we will be able to work with nancing this successful system that Members of Congress need a tool like leadership to see CARFA become a re- helps to make the air cleaner and adds CARFA because the special interest in ality this year. to our enjoyment of the activities the keeping a program alive is almost al- Park provides. ways more powerful than the general By Mr. HATCH: The legislation introduced today will interest to realign or even end a Fed- S. 1156. A bill to amend the Internal help the Park in three specific areas; eral program. Revenue Code of 1986 to extend the one, it will help the Park by extending A good example of this is tobacco. credit period for electricity produced the Acadia National Park Advisory While there is a general interest in dis- from renewable resources at certain fa- Commission for 20 years giving local couraging smoking—and while we cilities, to extend the credit for elec- residents the opportunity for input spend many taxpayer dollars to this tricity produced from certain renew- into the management of the Park; two, end—there is also strong special inter- able resources, and for other purposes; it will increase the authorized ceiling est pressure to keep taxpayer tobacco to the Committee on Finance. for land acquisition funding by $10 mil- subsidies alive. Thus, the Federal Gov- Mr. HATCH. Mr. President, I rise lion to $28 million to realize the sharp ernment both subsidizes and discour- today to introduce a bill, S. 1156, to ex- rise in real estate prices so that prop- ages tobacco. tend and enhance a provision in the In- erties from willing sellers within the CARFA is the tool that would give ternal Revenue Code that gives tax in- Park’s boundaries can be included into members a chance to advance the gen- centives for the production of elec- the Park; and, three, the legislation eral interest. CARFA would take all tricity from renewable resources.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6054 CONGRESSIONAL RECORD — SENATE May 26, 2005 The legislation I am introducing than 22 million homes. Furthermore, 1986 (relating to qualified facilities) is today is central to our Nation’s goal of this is an energy source that is not sub- amended by striking ‘‘January 1, 2006’’ each achieving energy independence, which ject to the price and supply volatility place it appears and inserting ‘‘January 1, 2008’’. is at the heart of the energy bill that of fossil fuels. Our energy policy should (c) BINDING CONTRACTS FOR FACILITIES.— will soon be considered by the Senate. not overlook this potential or sell Subsection (d) of section 45 of the Internal The Committee on Energy and Natural short its potential. Revenue Code of 1986 is amended by adding Resources has included in its energy My home State of Utah has an abun- at the end the following: bill a renewable energy title that di- dance of high and low temperature geo- ‘‘For purposes of this subsection, a facility rects the Federal Government ‘‘to the thermal resources that this bill would shall be treated as placed in service before allow to be economically developed. January 1, 2008, if such facility is placed in extent economically feasible and tech- service before January 1, 2011, pursuant to a nically practicable’’ to implement pro- For example, a new 36 megawatt geo- written binding contract in effect on Decem- grams that will produce at least 7.5 thermal plant near Cove Fort, UT, is ber 31, 2007, and at all times thereafter before percent of the electricity from renew- scheduled to be under construction by such facility is placed in service.’’. able sources by 2013. the spring of 2006 with completion ex- (d) EFFECTIVE DATE.— The Senate Committee on Finance, pected by the end of 2007. Without this (1) IN GENERAL.—Except as provided in on which I serve, will soon consider an legislation, it is unlikely that this paragraph (2), the amendments made by this energy tax bill to complement the bill plant, as well as others around the Na- section shall apply to electricity produced and sold after the date of the enactment of from the Energy and Natural Re- tion, would be able to be built. That this Act, in taxable years ending after such sources Committee. The legislation I would be very unfortunate. date. am introducing today is designed to The area around Cove Fort has one of (2) SUBSECTION (a).—The amendment made provide incentives to help us reach this the largest, proven geothermal re- by subsection (a) shall apply to electricity level of renewable energy production. sources in the Nation. There are 3,000 produced and sold after December 31, 2004, in Specifically, my bill would amend contiguous acres of leased land associ- taxable years ending after such date. the Internal Revenue Code to extend ated with the project now on the draw- By Mr. KENNEDY (for himself, the Section 45 production tax credit for ing boards. At 2,000 feet underground, Mr. AKAKA, and Mr. LAUTEN- electricity produced from renewable re- the geothermal resource there is rel- sources for facilities placed in service BERG): atively shallow and is considered by S. 1158. A bill to impose a 6-month before January 1, 2011, pursuant to a most geologic experts to be one of the moratorium on terminations of certain written binding contract in effect on largest underground hot water res- plans instituted under section 4042 of December 31, 2007. This extension is de- ervoirs in North America. A leading the Employee Retirement Income Se- signed to take into account the ex- geothermal engineering company re- curity Act of 1974 in cases in which re- tended length of time it takes for many cently issued a report indicating that organization of contributing sponsors renewable energy facilities, particu- the Cove Fort hot water resource can is sought in bankruptcy or insolvency larly geothermal facilities, to be built. support and sustain power production proceedings; to the Committee on In addition, my bill would provide for in excess of 100 megawatts. Health, Education, Labor, and Pen- a 10-year credit period for all renew- Utah is but one State with geo- sions. able energy sources covered by this tax thermal resources that can help lead Mr. KENNEDY. Mr. President, the credit. Current law allows a 10-year our Nation toward energy independ- bill we are introducing today is ur- credit period for certain renewable ence. Other States with considerable gently needed to protect the pension sources, such as wind, but only a 5-year geothermal resources include Nevada, benefits of workers across America. credit period for other renewable California, Montana, Washington, Or- A decent retirement in today’s world sources, such as geothermal. This re- egon, Idaho, Wyoming, Colorado, North depends on Social Security, private sults in an uneven playing field under Dakota, South Dakota, Nebraska, Ari- pensions, and private savings. But to- current law that tilts investors toward zona, New Mexico, Texas, Pennsyl- day’s working families find their re- certain renewable energy resources vania, West Virginia, Louisiana, Ha- tirement severely threatened. Presi- over others. This represents poor en- waii, and Kansas. We need to get the dent Bush wants to privatize Social Se- ergy policy and it represents poor tax process of developing these resources curity. Private savings are at an all- policy. started, and the bill I am introducing time low, and now private pensions are I believe this disparity in credit peri- today would make sure that happens. in great jeopardy, too. ods undermines the development of all This legislation would provide the This challenge has been brought of our renewable energy resources and necessary boost to the development of home all too clearly by United Air- thereby inhibits our goal of energy our geothermal energy resources as lines’ recent announcement that it in- independence. This legislation would well as all other renewable energy re- tends to end its pension plans and turn equalize the tax credit period for all re- sources available to our Nation. I urge them over to the Pension Benefit Guar- newable resources and even up the my colleagues to join me by cospon- anty Corporation. The pensions of over playing field. soring this bill. 120,000 workers are at stake. Over $3 I would like my colleagues to know There being no objection, the bill was billion in their benefits are not guaran- more about the importance of our Na- ordered to be printed in the RECORD, as teed by the corporation, and the future tion’s vast supply of geothermal energy follows: pensions they have been promised will resources. Geothermal is a clean, re- S. 1156 be lost as well. newable energy resource that presently Be it enacted by the Senate and House of Rep- These hard-working Americans in- contributes over 2,718 megawatts to the resentatives of the United States of America in clude thousands of flight attendants U.S. energy supply. Renewable energy, Congress assembled, like Patrice Anderson, who have made excluding hydroelectric, makes up 2 SECTION 1. EXTENSION AND MODIFICATION OF only a modest wage throughout their percent of U.S. energy consumption; of CREDIT FOR PRODUCING ELEC- working lives and for whom ‘‘the pos- that 2 percent, geothermal energy ac- TRICITY FROM RENEWABLE RE- sible loss of hundreds of dollars a SOURCES. counts for .44 percent, solar .06 percent (a) EXTENSION OF CREDIT PERIOD FOR ELEC- month in old age changes a dignified and wind 1 percent. Geothermal tech- TRICITY PRODUCED AT CERTAIN FACILITIES.— retirement into a subsistence-level re- nology is used in commercial, indus- Subparagraph (B) of section 45(b)(4) of the In- tirement.’’ trial and residential application in 26 ternal Revenue Code of 1986 is amended to The loss is particularly painful be- States. read as follows: cause so many of the employees have However, geothermal energy genera- ‘‘(B) CREDIT PERIOD.—In the case of any fa- accepted lower pay or given back wages tion has not been fully exploited. Ac- cility described in subsection (d)(3)(A)(ii) and other benefits in order to keep cording to the U.S. Department of En- placed in service before October 22, 2004, the their pension plans. Marilyn King of 5-year period beginning on October 22, 2004, ergy, there is almost 25,000 megawatts shall be substituted for the 10-year period in California worked for United for 25 of undeveloped geothermal energy pro- subsection (a)(2)(A)(ii).’’. years. She says: ‘‘I used to be proud of duction potential in the United States. (b) EXTENSION OF CREDIT.—Subsection (d) working for United. Now, I am embar- This is enough power to serve more of section 45 of the Internal Revenue Code of rassed and angry. I am angry that we

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6055 took 25 percent in pay cuts, that we part F of the Internal Revenue Code re- tem. Salt Lake City is also the head- gave other concessions; and then our garding active financial services in- quarters of American Express Trav- COO and CEO get their bonuses and come earned abroad. I am joined in this elers Cheques, with its Utah facility perks.’’ effort by my colleagues Senators BAU- servicing Travelers Cheques clients on We have heard from families and CUS, SMITH, SCHUMER, CRAPO, LOTT, a worldwide basis. Thousands of workers across the country. In Massa- KYL, and LINCOLN. Under current law, Utahns are employed by these compa- chusetts, Kevin Creighan and his wife the provision will expire at the end of nies. Cathy Hampton in Lynn have spent a next year. These businesses are tied to the lifetime with United, ‘‘working hard, This legislation would ensure that international marketplace through the earning a living, and all along expect- U.S. financial services firms and U.S. competitive strength of the American ing a pension.’’ They hoped to retire in manufacturing companies with finan- Express global franchise. For American 7 years, with a combined 70 years of cial services operations are subject to Express and other U.S. companies to loyal service between them. Now, if U.S. tax on income from their active compete on par with their foreign com- they want the retirement they were overseas financial services operations petitors, the U.S. tax rules need to pro- promised by the United Airlines pen- only when such earnings are sent home vide fair and equitable treatment of sion plan, they will have to work for an to the U.S. parent company. As my col- their overseas operations. To the ex- additional 15 years. leagues know, this is the treatment tent foreign competitors can take busi- George Raymond of Arizona retired provided under the U.S. tax law for ness away from U.S. firms because of at the age of 60 after 38 years. He other active business income earned an uneven playing field, U.S. jobs are writes that because of this pension ter- overseas. Our legislation simply ex- at risk. The bill we are introducing today mination, he will not be able to afford tends, on a permanent basis, the expir- would provide equitable and consistent his medical bills. Richard Myer of Cali- ing provision that ensures this same treatment for the financial services in- tax treatment for this important com- fornia retired after 32 years as a United ponent of our economy. Making this pilot, and now he has to go back to dustry. The permanent extension of this pro- provision permanent would provide work and sell his home to support his American companies much-needed sta- children and his elderly father-in-law. vision is critically important in to- day’s global marketplace. Over the last bility. The current provision has been Americans who work hard and play renewed several times, most recently few years, the financial services indus- by the rules should not be victimized for 5 years in the Job Creation and try has seen technological and global by these broken promises. No wonder Worker Assistance Act of 2002. Our changes that have altered the very na- they feel betrayed. They share the view ‘‘on-again, off-again’’ habit of exten- ture of the way these corporations do of Robert Lamica of Virginia, who sions prevents U.S.-based firms from says, ‘‘I kept my promise to United for business, both here and abroad. The competing fully in the global market- 36 years by working in rain, snow, heat, U.S. financial industry is a worldwide place by interfering with their ability and whatever else nature would throw leader that plays a pivotal role in to make business decisions and plan on our way . . . My back and knees have maintaining confidence in the inter- a long-term basis. The permanent ex- been destroyed along with my ability national marketplace and positively tension of this subpart F provision to get another job . . . We need not be contributes to the U.S. international would ensure that the U.S. financial left on the curb just because United trade balance. We believe it is essential services industry is on a competitive can.’’ that our tax laws not impose anti-com- footing with their foreign-based com- These loyal men and women cannot petitive burdens on this important U.S. petitors and would provide tax treat- turn back the clock and make different industry. ment that is consistent with the tax decisions. But Congress can stop that If we allow the active financial serv- treatment accorded other U.S. busi- clock and reach a fair solution. ices provision to lapse, U.S. companies nesses. This legislation we are introducing would have to pay both local tax and The Congress and the administration will prevent bankrupt companies from current U.S. tax on the financial serv- took an important step toward mod- abandoning their pension plans for the ices income they generate overseas. ernizing our international tax rules next 6 months. While some of this double taxation is with the enactment of the American Our action will also ease the growing often alleviated by the foreign tax Jobs Creation Act of 2004. The legisla- threat to all defined benefit pension credit, we all know that this system tion we introduce today furthers that plans. The Pension Benefit Guaranty works imperfectly. The result is that act’s goals of ensuring that American Corporation estimates that if it takes U.S. firms end up with a cost that is firms can compete in the 21st century over the remaining airline defined ben- not borne by their European and Asian economy. efit pension plans, 90 percent of the competitors, because companies based I urge my colleagues to support this claims it must cover will come from in these areas do not face current home important bill and ask that the text of airline companies or steel companies, country taxation on financial services the bill be printed in the RECORD. even though such plans include only 5 income. In an industry where compa- There being no objection, the bill was percent of the employees covered by nies compete on price and a few basis ordered to be printed in the RECORD, as follows: the corporation. The legislation will points can mean the difference between buy time for us to develop real solu- getting the business or losing it to a S. 1159 tions for the serious problems of these competitor, the imposition of this ad- Be it enacted by the Senate and House of Rep- ditional tax cost on U.S.-based compa- resentatives of the United States of America in ailing industries. Congress assembled, nies would translate into a competitive I urge my colleagues to join me in SECTION 1. PERMANENT EXTENSION OF SUB- support of this bill. We owe it to all disadvantage for U.S. companies and a PART F EXEMPTION FOR ACTIVE FI- these hard working Americans whose competitive advantage for their foreign NANCING. retirement has been put at risk. counterparts. Given the thousands of (a) IN GENERAL.—Section 954(h)(9) of the U.S. jobs at stake, many of them in Internal Revenue Code of 1986 is amended by By Mr. HATCH (for himself, Mr. Utah, we do not believe our tax policy striking ‘‘and before January 1, 2007,’’. (b) CONFORMING AMENDMENTS.—Section BAUCUS, Mr. SMITH, Mr. SCHU- should allow this to happen. 953(e)(10) of the Internal Revenue Code of MER, Mr. CRAPO, Mr. LOTT, Mr. While this provision may seem far re- 1986 is amended— KYL, and Mrs. LINCOLN): moved from the average Utahn or the (1) by striking ‘‘and before January 1, S. 1159. A bill to amend the Internal average American, I can assure you 2007,’’, and Revenue Code of 1986 to permanently that this is not true. For example, the (2) by striking the second sentence thereof. extend the subpart F exemption for ac- Salt Lake City area serves as the head- Mr. BAUCUS. Mr. President, today I tive financing; to the Committee on Fi- quarters location for the banking oper- am pleased to join my friend and col- nance. ations of American Express Centurion league, Senator HATCH, in introducing Mr. HATCH. Mr. President, I rise Bank and American Express Bank, legislation to make permanent the sub- today to introduce a bill, S. 1159, to FSB, which are important parts of the part F provision for active financial make permanent a provision under sub- worldwide American Express Card sys- serviced income earned abroad.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6056 CONGRESSIONAL RECORD — SENATE May 26, 2005 The legislation we are filing today is S. 1128. A bill to amend title XIX of States is an immense and growing in- identical to a bill we filed in the 107th the Social Security Act to provide for dustry. The Wall Street Journal re- Congress. Since then, this exemption increased rebates under the medicaid ported last week that the pharma- has been temporarily extended but that program for prescription drugs that are ceutical industry spent nearly $4.5 bil- will expire at the end of next year. This directly advertised to consumers, to re- lion on advertising to consumers. The exemption ensures that the active fi- quire other Federal programs pur- penetration of this advertising may be nancial services income earned abroad chasing or reimbursing for such drugs more than most people realize. A re- by U.S. financial services companies, to establish payment and reimburse- cent Kaiser Family Foundation poll or U.S. manufacturing firms with a fi- ment mechanisms that reduce the found that 90 percent of Americans had nancial service operation, is not sub- costs of those drugs, and for other pur- seen or heard an advertisement for pre- ject to U.S. tax until that income is poses; to the Committee on Finance. scription drugs. Today, more and more brought home to the U.S. parent com- Mr. WYDEN. Madam President, the Americans can go to their doctor and pany. cost of medicine is a matter of concern ask to have a medication they have By making this provision permanent, to every Senator. Today, Senator seen advertised on TV, in a magazine, our legislation will put the U.S. finan- SUNUNU and I have introduced legisla- on the radio or on the Internet. Of cial services industry on an equal foot- tion to take a fresh approach to hold- course, that is what is happening. ing with its foreign-based competitors, ing down the cost of medicines in our There is a proven direct connection which do not face current home coun- country. Under our bipartisan legisla- between the advertising of drugs and a try taxation on active financial serv- tion, the Federal Government would big uptick in the rate of prescriptions ices income. I will tell my colleagues pay less for pharmaceuticals that are written for them. Take a look at the 10 most advertised drugs in the United that this bill is about jobs in Montana, advertise when the Federal Govern- States. That is 2003, and I would guess and in each of our States. In fact, one ment buys those medicines for Med- that few Americans would say they of these competitive U.S. financial icaid, the Veterans’ Administration, have not heard of any of these drugs. services companies employs hundreds the Department of Defense, and the On each of these drugs, at least $100 of Montanans in Great Falls alone, so Public Health Service. million was spent in 2003 alone on di- One can barely turn on the television the health of that company is criti- rect consumer advertising. The adver- or open a magazine these days without cally important to my constituents. tising works. A study published in the American financial services compa- getting the hard sale on a hot new April issue of the Journal of the Amer- nies successfully compete in world fi- medicine. There is no doubt that med- ican Medical Association demonstrates nancial markets. We need to make ical science is making miracles for our the link. Researchers sent actors to sure, however, that the U.S. tax rules citizens who need help with their doctors’ offices to complain of mild de- do not change that situation and make health. For that, we are, of course, pression. Those who mentioned seeing them less competitive in the world grateful. But the advent of advertising an ad were five times more likely to arena. This legislation will extend a for prescription drugs presents pitfalls get a prescription for an antidepressant provision that I believe preserves the as well, not just for patients but for as those who simply described their international competitiveness of U.S.- every American taxpayer. supposed symptoms without talking based financial service companies, in- Senator SUNUNU and I introduced our about a drug ad they had seen. It is no cluding finance and credit companies, legislation today because as the mar- wonder the heavily advertised drugs commercial banks, securities firms, keting gets savvier, the Federal Gov- make up most of the top 10 medicines and insurance companies. This provi- ernment needs to get smarter and con- prescribed under Federal health pro- sion also contains appropriate safe- tain costs wherever possible for these grams like Medicare, Medicaid, and guards to ensure that only truly active popular and expensive drugs. The fresh others. Take a look. approach that Senator SUNUNU and I businesses benefit. These are the 10 drugs on which unveil today will amp up the Govern- As my colleagues have heard year Medicare spends the most total money ment’s purchasing power on prescrip- after year, the active financial services for outpatient care. Nine are advised tion drugs that are advertised directly provision is critically important in to- directly to consumers. day’s global economy. Our U.S. finan- to consumers. The Pharmaceutical Ad- Here are the 10 drugs on which Med- cial services industry is a global leader vertising and Prudent Purchasing Act icaid spends the most money. Four of playing a pivotal role in maintaining will reduce drug costs for the bene- the ten are advised directly to con- confidence in the international mar- ficiaries of Medicaid and other Federal sumers. The next 4 drugs, Nos. 11 ketplace. It is a fiercely competitive programs. It will ease the burden on through 14, are advertised as well. It is business. And U.S.-based companies States struggling to stretch their the view of Senator SUNUNU and I that would surely be disadvantaged with an health care dollars through Medicaid, the Federal Government is one con- additional tax burden if we allow this and it will lower the overall costs for sumer that does not need to receive ad- exemption to lapse. Through our net- taxpayers footing the bill for these ad- vertising from the drug companies. work of trade treaties, we have made vertised drugs. The Federal Government is buying tremendous progress in gaining access When a drug company figures the medicine for a lot of people with a lim- to new foreign markets for this indus- price of a pill, it passes along the ad- ited pool of funds. It is vital to get a try in recent years. Our tax laws vertising costs to consumers. Right handle now on the connection between should complement, rather than under- now, Medicare and Medicaid pay that advertising and increased sales and to mine, this effort. cost like any other consumer. But it is insist on more prudent purchasing. The temporary nature of the active time to take the advertising costs out Our legislation does just that. It financial services provision, like other of the equation for taxpayer funded makes the Government a more prudent expiring provisions, denies U.S. compa- programs. The Federal Government, of purchaser in a straightforward way. It nies the stability enjoyed by their for- course, gives drug companies a tax will require Medicaid and other vital eign competitors. It is time to make break for advertising which, of course, programs under Health and Human permanent this subpart F active finan- every other American company gets for Services and the Veterans’ Administra- cial services provision in order to allow its business expenses. There is no need tion to get a discount that cuts out the U.S. business companies to make busi- for a double subsidy. There is a need advertising costs figured in each pill. ness decisions on a long-term basis. I for more prudent purchasing of pre- In Medicaid, this would be done by ad- ask my colleagues to join us in sup- scription drugs by the Federal Govern- justments in the Medicaid rebate pro- porting this legislation, providing con- ment. If that is going to happen, the gram. That is an existing program that sistent, equitable, and stable tax treat- changes in the pharmaceutical market requires a pricing agreement between ment for the U.S. financial services in- that have been caused by the explosion drug manufacturers and the Federal dustry. of advertising cannot be ignored any Government for any drug to be sold longer. through the Medicaid program. By Mr. WYDEN (for himself and I do not have to tell our colleagues The Health and Human Services Sec- Mr. SUNUNU): that drug advertising in the United retary and the VA Secretary will also

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6057 be able to negotiate reduced prices for where activity and cost have exploded deal with some issues at HHS and the other Federal programs such as the over the last 6 or 7 years. Since 1997, VA in this bill, certainly the costs as- Public Health Service, programs ad- when the Federal Government changed sociated with Medicaid and our rec- ministered by the Indian Health Serv- the regulations associated with direct- ommendations with regard to Medicaid ice, the Department of Veterans Af- to-consumer advertising, we have seen are a central part of the bill. I will fairs, the Department of Defense and advertising outlays for pharma- work with Senator WYDEN and any of the Defense Health Program. ceuticals go from a little bit over $1 my interested colleagues to try to in- This is smart and effective spending. billion to nearly $5 billion per year this clude and capture some of these ideas It ends the spending of taxpayer dollars year. Those costs, as any costs would in Medicaid legislation this year. to fund advertising that has already re- be, are passed on to consumers. In the It is a great opportunity to look at ceived a tax break. It is a common- case of these programs where the Fed- the issue of health costs and drug costs sense step, the kind of common sense eral Government is purchasing the in a fresh way, in a different way. I that is all too uncommon when the pharmaceuticals in the VA and in Med- very much appreciate the work Sen- Federal Government buys drugs. icaid, that means that the cost, the im- ator WYDEN has done in helping to Our legislation will address another pact, is disproportionately felt by the craft this legislation and his willing- issue that speaks both to the tax- taxpayer. ness to lend his strong support, as a payers’ interests and the health of pa- This is an effort to try to find a way longstanding and more senior Member tients in these programs. When adver- to reduce those costs, to give the Fed- than I, as a member of the Senate Fi- tised drugs are purchased, it is not eral Government the power to make a nance Committee, and as a Member of enough to make sure the price is right, distinction, as they negotiate prices— the Senate on the other side of the although that is important. It is vital to make a distinction between those aisle. the drug is right for the patient’s par- drugs that are advertised directly to f ticular problem. Taxpayer dollars consumers or marketed directly to con- SUBMITTED RESOLUTIONS should buy drugs that will work best sumers and those that are not, and to for patients by a doctor’s best judg- provide discounts to those companies ment. Just because a patient recog- or those drugs that avoid the addi- SENATE RESOLUTION 157—CON- nizes a drug’s name enough to request tional costs of advertising. GRATULATING CARRIE UNDER- it from their provider does not mean it This advertising, as I say, is expen- WOOD FOR WINNING THE ‘‘AMER- is the best medicine. sive. The cost is passed on to taxpayers ICAN IDOL’’ TELEVISION PRO- More and more drug companies are in these particular programs. I think GRAM AND THANKING HER FOR treating doctors as a middleman they there are also a lot of questions about BEING A POSITIVE ROLE MODEL wish to skip. They make a lot more the value that a flood of advertising Mr. COBURN (for himself and Mr. money if patients, without medical de- might provide. INHOFE) submitted the following reso- grees, are encouraged to start writing We have all been inundated by dif- lution; which was referred to the Com- their own prescriptions, whether the ferent types of advertisement, on TV or mittee on the Judiciary: drug is the right one or not. Medicare, in magazines. It is costly, as I men- S. RES. 157 Medicaid, and other Federal programs tioned, but it also carries with it some have a charge to keep for their patients Whereas Carrie Underwood was born in risk of overutilization; of, in some Muskogee, Oklahoma, on March 10, 1983, but and a trust to maintain with American cases, encouraging or leading con- Checotah, Oklahoma, lays complete claim to taxpayers. They should not be ex- sumers to believe that they need or her as a native; ploited financially by the pharma- would benefit by a particular medicine Whereas Carrie’s parents are Stephen and ceutical ‘‘flavor of the month.’’ Carole Underwood of the Onapa area of Okla- when it is not necessarily the best ap- I close by expressing my thanks to homa; the Senator from New Hampshire. This proach for them. Whereas Carrie has two older sisters, In some cases it is clear this adver- is a bipartisan approach that is going Shanna Underwood Means, who teaches in tising has been used to drive consumers to hold down the cost of medicine for Liberty Mounds, Oklahoma, and Stephanie away from lower priced generic drugs. I Underwood Shelton, who teaches in taxpayers in our country. It will be a think this is one of the most problem- Arkhoma, Oklahoma; benefit to beneficiaries certainly at a Whereas Carrie has delighted the residents time when the Medicaid Commission is atic areas, and that has been seen and discussed at some length in the States, of Checotah with her singing since her ele- trying to find responsible savings. We mentary school days; ensure that we take the time to study in their Medicaid programs. Whereas during high school, Carrie sang in This legislation presents an oppor- how this approach would work for the Checotah High School’s award winning tunity to get our hands around the cost other programs such as Medicare. And chorus and excited audiences every year at because I see my friend in the Cham- issue, to fund some important studies, the Robbin Emerson Memorial Talent Show, ber, I will wrap up simply by saying to take a closer look at questions of which raises money for scholarships; overutilization and the substitution I Whereas Carrie was often kind enough to that it is time to take out a sharp pen- sing the National Anthem at high school cil and eliminate the hidden costs for described. It represents a good start, I think, opening the debate with this dis- basketball games; taxpayers from advertised drugs. Whereas Carrie excelled academically in I yield the floor. cussion about dealing directly with high school and was the salutatorian of her The PRESIDING OFFICER. The Sen- health care costs in areas of the Fed- 2001 Checotah High School graduating class; ator from New Hampshire. eral Government as the principal pur- Whereas Carrie began attending North- Mr. SUNUNU. Madam President, I chaser. eastern State University after high school, am pleased to join Senator WYDEN in There may be other options. In fact, where she is a senior majoring in mass com- the introduction of this legislation, Senator WYDEN and I talked about a munications with an emphasis in journalism; which is a good-faith effort to try to few other approaches that are not in- Whereas Carrie performed for 2 years in cluded in this legislation. I think I can Northeastern’s Downtown Country Show in find that fresh approach Senator Tahlequah, Oklahoma; WYDEN talked about, a fresh approach speak for the Senator from Oregon Whereas Carrie auditioned in August 2004, to deal with costs in health care, spe- when I say we look forward to talking in St. Louis, Missouri, for the ‘‘American cifically in those areas where the Fed- to our colleagues about other ideas Idol’’ television show; eral Government is directly purchasing that might be out there. We look for- Whereas Carrie was named to the top 24 on pharmaceuticals: in the VA, where we ward to sharing ideas and information ‘‘American Idol’’ in mid-February 2005, and have a very large direct purchase pro- with producers themselves who, I hope, has been in Hollywood, California, per- gram that exists today, and within are willing to look at ways to help save forming weekly since; Medicaid, where both the Federal Gov- the consumers money, help save tax- Whereas although people in Checotah and Oklahoma are extremely proud of Carrie’s ernment and the States are directly in- payers money, and help deal with di- phenomenal talent, they are even more volved in purchasing and negotiating rect-to-consumer advertising in a more proud of the kind of young person she has al- the pricing of drugs. responsible way. ways been; and We are focusing on direct-to-con- We are going to do a Medicaid bill Whereas Carrie Underwood is intelligent, sumer advertising. This is an area this year in the Senate. While we also kind, and considerate—undoubtedly one of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6058 CONGRESSIONAL RECORD — SENATE May 26, 2005 the finest young women anyone will ever SENATE RESOLUTION 159—RECOG- SENATE CONCURRENT RESOLU- meet: Now, therefore, be it NIZING THE 50TH ANNIVERSARY TION 39—TO EXPRESS THE Resolved, That the Senate— OF THE OKLAHOMA INDE- SENSE OF CONGRESS ON THE (1) takes great pride in congratulating PENDENT PETROLEUM ASSOCIA- PURPLE HEART Carrie Underwood of Checotah, Oklahoma, TION AND ITS MEMBERS VITAL Mrs. CLINTON (for herself and Mr. for winning the television program ‘‘Amer- CONTRIBUTION TO THE OIL AND HAGEL) submitted the following con- ican Idol’’; and GAS INDUSTRY OF THE UNITED current resolution; which was referred (2) thanks Carrie Underwood for being a STATES positive public role model and representing to the Committee on Armed Services: Oklahoma so superbly before an audience of Mr. INHOFE (for himself and Mr. S. CON. RES. 39 millions of television viewers in this nation COBURN) submitted the following reso- Whereas the Purple Heart is the oldest and around the world. lution; which was considered and military decoration in the world in present agreed to: use; f S. RES. 159 Whereas the Purple Heart is awarded in the name of the President of the United Whereas the Oklahoma Independent Petro- States to members of the Armed Forces who leum Association was founded and incor- SENATE RESOLUTION 158—EX- are wounded in conflict with an enemy force porated in the State of Oklahoma on Janu- or are wounded while held by an enemy force PRESSING THE SENSE OF THE ary 13, 1955; as prisoners of war, and posthumously to the SENATE THAT THE PRESIDENT Whereas the Oklahoma Independent Petro- next of kin of members of the Armed Forces SHOULD DESIGNATE THE WEEK leum Association was founded by inde- who are killed in conflict with an enemy pendent oil and natural gas producers, and BEGINNING SEPTEMBER 11, 2005, force or who die of a wound received in con- its membership is still comprised of inde- AS ‘‘NATIONAL HISTORICALLY flict with an enemy force; pendent producers, both large and small; BLACK COLLEGES AND UNIVER- Whereas the Purple Heart was established Whereas the founders of the Oklahoma on August 7, 1782, during the Revolutionary SITIES WEEK’’ Independent Petroleum Association pos- War, when General George Washington sessed the leadership and vision to establish issued an order establishing the Honorary Mr. GRAHAM (for himself, Mr. a unified voice for independent crude oil and Badge of Distinction, otherwise known as ALLARD, Mr. ALLEN, Mr. BAYH, Mr. natural gas producers; the Badge of Military Merit; BUNNING, Mr. CHAMBLISS, Mr. COCHRAN, Whereas the Oklahoma Independent Petro- Whereas the award of the Purple Heart leum Association is the largest oil and gas Mr. DEMINT, Mr. DEWINE, Mrs. DOLE, ceased with the end of the Revolutionary advocacy group in the State, representing Mr. DODD, Mr. DURBIN, Mrs. HUTCHISON, War, but was revived in 1932, the 200th anni- over 1,500 member companies in the crude oil versary of George Washington’s birth, out of Mr. ISAKSON, Mr. KERRY, Ms. LANDRIEU, and natural gas exploration and production respect for his memory and military achieve- Mr. LOTT, Ms. MIKULSKI, Mr. industry and affiliated businesses; ments; and Whereas the mission of the Oklahoma SANTORUM, Mr. SESSIONS, Mr. SPECTER, Whereas National Purple Heart Recogni- Independent Petroleum Association is to en- Mr. TALENT, Mr. VOINOVICH, Mr. SCHU- tion Day is a fitting tribute to George Wash- hance and protect the ability of independent ington and to the more than 1,535,000 recipi- MER, Mr. BROWNBACK, Mr. OBAMA, and oil and natural gas producers in Oklahoma ents of the Purple Heart, approximately Mr. BURR) submitted the following res- to conduct their business and to ensure en- 550,000 of whom are still living: Now, there- olution; which was referred to the ergy supply; fore, be it Whereas the Oklahoma Independent Petro- Committee on the Judiciary: Resolved by the Senate (the House of Rep- leum Association is a rarity in State oil and resentatives concurring), That Congress— S. RES. 158 gas associations, with a full-time govern- (1) supports the goals and ideals of Na- mental affairs specialist and a full-time reg- Whereas there are 105 historically Black tional Purple Heart Recognition Day; ulatory affairs specialist working with agen- colleges and universities in the United (2) encourages all people of the United cies that regulate the oil and gas industry; States; States to learn about the history of the Pur- Whereas the Oklahoma Independent Petro- Whereas historically Black colleges and ple Heart and to honor its recipients; and leum Association is a proactive and diverse universities provide the quality education (3) requests that the President issue a organization striving to provide a broad essential to full participation in a complex, proclamation calling on the people of the range of services to its members and the in- highly technological society; United States to conduct appropriate cere- dustry it supports; monies, activities, and programs to dem- Whereas historically Black colleges and Whereas the leaders of the Oklahoma Inde- onstrate support for people who have been universities have a rich heritage and have pendent Petroleum Association have worked awarded the Purple Heart. played a prominent role in the history of the successfully on behalf of Oklahoma inde- United States; pendent producers on State and national f Whereas historically Black colleges and issues, advocating for State and national SENATE CONCURRENT RESOLU- universities have allowed many underprivi- governmental policies that protect and en- TION 40—RECOGNIZING AND COM- leged students to attain their full potential hance the ability of Oklahoma independent through higher education; and producers to do business; and MENDING THE PRESIDENT AND Whereas the achievements and goals of his- Whereas the Oklahoma Independent Petro- THE GOVERNMENTS OF OTHER torically Black colleges and universities are leum Association will continue to look to- COUNTRIES THAT HAVE PARTICI- deserving of national recognition: Now, ward the future by forging alliances within PATED IN THE PROLIFERATION therefore, be it the oil and gas industry and with other orga- SECURITY INITIATIVE FOR THE nizations devoted to a more prosperous Okla- Resolved, HISTORIC EFFORTS AND SUC- homa: Now, therefore, be it CESSES OF THE PROLIFERATION SECTION 1. DESIGNATION OF NATIONAL HIS- Resolved, That the Senate— SECURITY INITIATIVE IN REDUC- TORICALLY BLACK COLLEGES AND (1) recognizes the 50th anniversary of the UNIVERSITIES WEEK. Oklahoma Independent Petroleum Associa- ING THE THREAT POSED BY IL- tion; LICIT TRAFFICKING IN WEAPONS (a) SENSE OF THE SENATE.—It is the sense (2) congratulates the Oklahoma Inde- OF MASS DESTRUCTION, THEIR of the Senate that the President should des- pendent Petroleum Association for its 50- MEANS OF DELIVERY, AND RE- ignate the week beginning September 11, year history of contributions to the oil and LATED MATERIALS, ON THE OC- 2005, as ‘‘National Historically Black Col- gas industry of Oklahoma and the United CASION OF THE SECOND ANNI- leges and Universities Week’’. States; VERSARY OF THE ESTABLISH- (b) PROCLAMATION.—The Senate requests (3) recognizes that the Oklahoma Inde- MENT OF THE PROLIFERATION pendent Petroleum Association has been and the President to issue a proclamation— SECURITY INITIATIVE (1) designating the week beginning Sep- will continue to be an invaluable asset in de- veloping and promoting the oil and gas in- tember 11, 2005, as ‘‘National Historically Mr. LUGAR submitted the following dustry in the United States; and Black Colleges and Universities Week’’; and concurrent resolution; which was re- (4) directs the Secretary of the Senate to (2) calling on the people of the United ferred to the Committee on Foreign transmit a copy of this resolution to the Relations: States and interested groups to observe the Oklahoma Independent Petroleum Associa- week with appropriate ceremonies, activi- tion as an expression of appreciation and for S. CON. RES. 40 ties, and programs to demonstrate support public display at the 50th annual meeting of Whereas, on May 31, 2003, at Wawel Royal for historically Black colleges and univer- the Oklahoma Independent Petroleum Asso- Castle, Krakow, Poland, President George W. sities in the United States. ciation. Bush declared that ‘‘today I announce a new

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6059 effort to fight proliferation called the Pro- have conducted 14 ground, air, maritime, and ological Weapons Convention’’), the safe- liferation Security Initiative. The United tabletop interdiction exercises over the last guards system of the International Atomic States and a number of our close allies, in- 2 years, beginning with the Australian-led Energy Agency, and the commitments and cluding Poland, have begun working on new exercise Pacific Protector in September 2003; control lists of the Missile Technology Con- agreements to search planes and ships car- and trol Regime, the Australia Group, and the rying suspect cargo and to seize illegal weap- Whereas multiple countries have now par- Nuclear Suppliers Group. ons or missile technologies. Over time, we ticipated in and observed air, land, and sea f will extend this partnership as broadly as interdiction training exercises, in particular possible to keep the world’s most destructive the October 2004 Team Samurai exercise, in AUTHORITY FOR COMMITTEES TO weapons away from our shores and out of the which Japan, the United States, Australia, MEET hands of our common enemies’’; and France contributed operational assets COMMITTEE ON BANKING, HOUSING, AND URBAN Whereas, since May 2003, more than 60 and Canada, Cambodia, Germany, Greece, AFFAIRS countries have indicated their support for Italy, the Netherlands, New Zealand, Nor- Mr. ENSIGN. Mr. President, I ask the Proliferation Security Initiative; way, Philippines, Poland, Portugal, Russia, unanimous consent that the Com- Whereas, in September 2003, 11 countries Singapore, Spain, Sweden, Thailand, Turkey, mittee on Banking, Housing, and agreed to and published the Proliferation Se- and the United Kingdom participated as ob- Urban Affairs be authorized to meet curity Initiative Statement of Interdiction servers, and most recently in Exercise Ninfa Principles, which, among other things, iden- ’05, a joint maritime and ground interdiction during the session of the Senate on tifies specific steps for effectively inter- exercise led by Portugal: Now, therefore be it May 26, 2005, at 10 a.m., to conduct a dicting shipments of weapons of mass de- Resolved by the Senate (the House of Rep- hearing on ‘‘The Report to the Con- struction, their means of delivery, and re- resentatives concurring), That it is the sense gress on International Economic and lated materials and for preventing prolifera- of Congress that— Exchange Rate Policies.’’ tion facilitators, brokers, and middlemen (1) the President is to be commended on The PRESIDING OFFICER. Without from engaging in this deadly trade; the occasion of the second anniversary of the objection, it is so ordered. Whereas the Proliferation Security Initia- creation of the Proliferation Security Initia- COMMITTEE ON ENERGY AND NATURAL tive has led to the negotiation of bilateral tive for its broadening membership, increas- RESOURCES ship boarding agreements designed to facili- ing international support, and successful Mr. ENSIGN. Mr. President, I ask tate the interdiction of weapons of mass de- operational training and exercises; unanimous consent that the Com- struction, their means of delivery, and re- (2) all the governments of countries coordi- nating and cooperating in intelligence shar- mittee on Energy and Natural Re- lated materials, including agreements with sources be authorized to meet during the Governments of Panama, Liberia, and ing, training exercises, and legal agreements the Marshall Islands; with the United States under the Prolifera- the session of the Senate on Thursday, Whereas, United Nations Security Council tion Security Initiative, in particular the May 26, at 9:30 a.m., to consider com- Resolution 1540, proposed by President Bush meetings of the PSI Operational Experts prehensive energy legislation. and adopted unanimously by the Security Group, are to be commended for their sup- The PRESIDING OFFICER. Without Council on April 28, 2004, calls on all coun- port in the global effort to prevent the pro- objection, it is so ordered. tries to take cooperative action to prevent liferation of weapons of mass destruction, COMMITTEE ON FOREIGN RELATIONS trafficking in weapons of mass destruction, their means of delivery, and related mate- Mr. ENSIGN. Mr. President, I ask their means of delivery, and related mate- rials; unanimous consent that the Com- rials; (3) the Proliferation Security Initiative mittee on Foreign Relations be author- Whereas the actions of the United States constitutes an important tool for coordi- ized to meet during the session of the and its Proliferation Security Initiative nating diplomatic, law enforcement, cus- Senate on Thursday, May 26, 2005, at partners Germany and Italy contributed to toms, intelligence, and military capabilities 10:30 a.m., to hold a hearing on nomina- the interdiction of the ship ‘‘BBC China’’, a against the illicit trade in weapons of mass tions. commercial ship carrying centrifuge compo- destruction, their means of delivery, and re- The PRESIDING OFFICER. Without nents for Libya’s illicit nuclear program, en lated materials; objection, it is so ordered. route to Tripoli, and also contributed to the (4) all countries must work together, par- constructive decision made by the Govern- ticularly under the auspices of the com- COMMITTEE ON FOREIGN RELATIONS ment of Libya on December 19, 2003, to ac- mittee established pursuant to operative Mr. ENSIGN. Mr. President, I ask knowledge its illegal weapons of mass de- paragraph 4 of United Nations Security unanimous consent that the Com- struction programs and its agreement to Council Resolution 1540, popularly called the mittee on Foreign Relations be author- eliminate its weapons of mass destruction ‘‘1540 Committee’’, to further the implemen- ized to meet during the session of the and long-range missile programs and rejoin tation of the provisions of Resolution 1540 re- Senate on Thursday, May 26, 2005, at the international community by eliminating lating to the international legal bases for 2:30 p.m., to hold a hearing on nomina- all elements of its chemical and nuclear continued, aggressive enforcement of all tions. weapons programs, declaring all nuclear ma- agreements, treaties, and regimes that aim The PRESIDING OFFICER. Without terials and activities to the International through interdiction activities to end the il- objection, it is so ordered. Atomic Energy Agency (IAEA), eliminating licit trade in weapons of mass destruction, COMMITTEE ON HEALTH, EDUCATION, LABOR, ballistic missiles with a range greater than their means of delivery, and related mate- AND PENSIONS 300 kilometers with payloads of 500 or more rials; Mr. ENSIGN. Mr. President, I ask kilograms, accepting international inspec- (5) the governments of all responsible unanimous consent that the Com- tions to ensure Libya’s complete adherence countries should endorse the PSI Statement mittee on Health, Education, Labor, to the Nuclear Non-proliferation Treaty, of Interdiction Principles and cooperate ac- signing the Additional Protocol, eliminating tively to interdict and disrupt illicit trade in and Pensions be authorized to hold a all chemical weapons stocks and munitions weapons of mass destruction, their means of hearing during the session of the Sen- and acceding to the Chemical Weapons Con- delivery, and related materials; and ate on Thursday, May 26, 2005 at 10 a.m. vention, and allowing immediate inspections (6) as evidenced in the historic December in SD–430. and monitoring to verify all of these actions; 19, 2003, decision of Libya to acknowledge The PRESIDING OFFICER. Without Whereas the Report of the United Nations and convert or dismantle its illegal weapons objection, it is so ordered. Secretary-General’s High Level Panel on of mass destruction programs, the Prolifera- COMMITTEE ON THE JUDICIARY Threats, Challenges, and Changes finds that tion Security Initiative can provide signifi- Mr. ENSIGN. Mr. President, I ask ‘‘[r]ecent experience of the activities of the cantly enhanced enforcement of and adher- unanimous consent that the Com- A.Q. Khan network has demonstrated the ence to the Treaty on the Non-proliferation mittee on the Judiciary be authorized need for and the value of measures taken to of Nuclear Weapons, done at Washington, to meet to conduct a markup on Thurs- interdict the illicit and clandestine trade in London, and Moscow July 1, 1968, and en- day, May 26, 2005, at 9:30 a.m. in Dirk- components for nuclear programs’’; tered into force March 5, 1970 (commonly sen Room 226. Whereas the same Report also welcomes known as the ‘‘Nuclear Non-Proliferation ‘‘the voluntary Proliferation Security Initia- Treaty’’), the Convention on the Prohibition Agenda tive, under which more and more states are of the Development, Production, Stockpiling I. Nominations Terrence W. Boyle, II, cooperating to prevent illicit trafficking in and Use of Chemical Weapons and on Their to be U.S. Circuit Judge for the Fourth nuclear, biological and chemical weapons’’; Destruction, with Annexes, done at Paris Circuit; Brett M. Kavanaugh, to be Whereas, acknowledging that existing non- January 13, 1993, and entered into force April U.S. Circuit Judge for the District of proliferation agreements and export control 29, 1997 (commonly known as the ‘‘Chemical Columbia; Richard Griffin, to be U.S. regimes are necessary but no longer suffi- Weapons Convention’’), the Convention on cient, the Secretary-General of the United the Prohibition of the Development, Produc- Circuit Court Judge for the Sixth Cir- Nations has stated: ‘‘I applaud the efforts of tion and Stockpiling of Bacteriological (Bio- cuit; David McKeague, to be U.S. Cir- the Proliferation Security Initiative to fill a logical) and Toxin Weapons and on Their De- cuit Court Judge for the Sixth Circuit; gap in our defenses’’; struction, done at Washington, London, and Paul Clement, to be Solicitor General Whereas the United States and many of its Moscow April 10, 1972, and entered into force of the United States; Anthony Jerome Proliferation Security Initiative partners March 26, 1975 (commonly known as the ‘‘Bi- Jenkins, to be U.S. Attorney for the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6060 CONGRESSIONAL RECORD — SENATE May 26, 2005 District of the Virgin Islands; Stephen Change, and Nuclear Safety be author- on the disagreeing votes of the two Houses Joseph Murphy III, to be U.S. Attorney ized to meet on Thursday, May 26, 2005 thereon. for the Eastern District of Michigan; at 9 a.m. to conduct an oversight hear- Mr. FRIST. Mr. President, I move Gretchen C.F. Shappert, to be U.S. At- ing on the Nuclear Regulatory Com- that the Senate insist on its amend- torney for the Western District of mission. ment, agree to the request for a con- North Carolina; Rachel Brand, to be an The hearing will be held in SD 406. ference, and the Chair appoint con- Assistant Attorney General for the Of- The PRESIDING OFFICER. Without ferees, with a ratio of 16 to 14, with the fice of Legal Policy; Alice S. Fisher, to objection, it is so ordered. names submitted at the desk. be an Assistant Attorney General for SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- The motion was agreed to, and the the Criminal Division; and Regina B. AGEMENT, GOVERNMENT INFORMATION, AND Presiding Officer appointed Mr. INHOFE, Schofield, to be an Assistant Attorney INTERNATIONAL SECURITY Mr. WARNER, Mr. BOND, Mr. VOINOVICH, General for the Office of Justice Pro- Mr. ENSIGN. Mr. President, I ask Mr. CHAFEE, Ms. MURKOWSKI, Mr. grams. unanimous consent that the Sub- THUNE, Mr. DEMINT, Mr. ISAKSON, Mr. II. Bills: S. 852, A bill to Create a committee on Federal Financial Man- VITTER, Mr. GRASSLEY, Mr. HATCH, Mr. Fair and Efficient System to Resolve agement, Government Information, SHELBY, Mr. ALLARD, Mr. STEVENS, Mr. Claims of Victims for Bodily Injury and International Security be author- LOTT, Mr. JEFFORDS, Mr. BAUCUS, Mr. Caused by Asbestos Exposure, and for ized to meet on Thursday, May 26, 2005, LIEBERMAN, Mrs. BOXER, Mr. CARPER, Other Purposes. [SPECTER, LEAHY, at 2:30 p.m., for a hearing regarding Mrs. CLINTON, Mr. LAUTENBERG, Mr. HATCH, FEINSTEIN, GRASSLEY, DEWINE, ‘‘An Assessment of Federal Funding for OBAMA, Mr. CONRAD, Mr. INOUYE, Mr. GRAHAM]. Private Research and Development.’’ ROCKEFELLER, Mr. SARBANES, Mr. III. Matters: Senate Judiciary Com- The PRESIDING OFFICER. Without REED, Mr. JOHNSON conferees on the mittee Rules. objection, it is so ordered. part of the Senate. The PRESIDING OFFICER. Without SUBCOMMITTEE ON IMMIGRATION, BORDER f objection, it is so ordered. SECURITY AND CITIZENSHIP SMALL BUSINESS ACT COMMITTEE ON VETERANS’ AFFAIRS Mr. ENSIGN. Mr. President, I ask Mr. ENSIGN. Mr. President, I ask unanimous consent that the Sub- Ms. SNOWE. Mr. President, I rise unanimous consent that The Com- committee on Immigration, Border Se- today to address the consideration of mittee on Veterans’ Affairs be author- curity and Citizenship be authorized to H.R. 3, the Highway bill, in conference ized to meet during The session of The meet to conduct a hearing on ‘‘The between the Senate and the House, and Senate on Thursday, May 26, 2005, for a Need for Comprehensive Immigration to engage the majority leader and committee hearing titled ‘‘Battling Reform: Serving Our National Econ- Chairman INHOFE in a colloquy. It has The Backlog: Challenges Facing The omy’’ on Thursday, May 26, 2005, at 2:30 come to my attention that the version VA Claims Adjudication and Appeal p.m. in SD–226. of H.R. 3 passed by the House contains Process’’. changes to the Small Business Act, The hearing will take place in Room Witness List which is under the exclusive jurisdic- 418 of the Russell Senate Office Build- Panel I: The Honorable Steven Law, tion of the small business committees ing at 2 p.m. Deputy Secretary, U.S. Department of in both chambers. Section 1821 of H.R. The PRESIDING OFFICER. Without Labor, Washington, DC. 3 as passed by the House would extend objection, it is so ordered. Panel II: Tom , President the benefits of the Historically Under- utilized Business, HUBZone, program PERMANENT SUBCOMMITTEE ON INVESTIGATIONS and CEO, U.S. Chamber of Commerce, to non-metropolitan areas designated Mr. ENSIGN. Mr. President, I ask Washington, DC; Dan Griswold, Direc- as Difficult Development Areas, DDAs, unanimous consent that The Perma- tor of the Center for Trade Policy by the Secretary of Housing and Urban nent Subcommittee on Investigations Studies, The CATO Institute, Wash- Development, but only if these DDAs be authorized to meet on Thursday, ington, DC; and Douglas S. Massey, are located in states and territories May 26, 2005, at 9 a.m., for a hearing en- Ph.D., Professor, Princeton University, outside the continental United States. titled ‘‘The Container Security Initia- Princeton, NJ. The HUBZone program exists to gen- tive and The Customs-Trade Partner- The PRESIDING OFFICER. Without erate market-based development solu- ship Against Terrorism: Securing The objection, it is so ordered. tions in economically distressed areas Global Supply Chain or Trojan Horse?’’ f by providing federal contracting ad- The PRESIDING OFFICER. Without PRIVILEGE OF THE FLOOR vantages to small businesses which lo- objection, it is so ordered. cate in HUBZones and employ HUB SELECT COMMITTEE ON INTELLIGENCE Mr. ALEXANDER. Mr. President, I ask unanimous consent that Rexon Zone residents. Mr. ENSIGN. Mr. President, I ask The HUBZone contracting program is Ryu with Senator HAGEL’s staff be unanimous consent, pursuant to Rule codified in the Small Business Act and 26.5(a) of The Standing Rules of The granted the privilege of the floor dur- ing today’s session. is administered by the Office of Gov- Senate, that The Select Committee on ernment Contracting and Business De- Intelligence be authorized to meet The PRESIDING OFFICER. Without objection, it is so ordered. velopment of the Small Business Ad- after conclusion of the first two hours ministration. While the HUBZone pro- after the meeting of The Senate com- f vision was not included in the Senate mences on May 26, 2005. TRANSPORTATION EQUITY ACT: A version of H.R. 3, had the provision in The PRESIDING OFFICER. Without LEGACY FOR USERS the House bill proceeded through the objection, it is so ordered. Mr. FRIST. Mr. President, I ask the Senate committee process, I would SUBCOMMITTEE ON AVIATION Chair lay before the Senate a message have certainly exercised my preroga- Mr. ENSIGN. Mr. President, I ask from the House of Representatives on tives as the Committee Chair. unanimous consent that The Sub- the bill (H.R. 3) to authorize funds for Although I am not requesting a for- committee on Aviation be authorized Federal-aid highways, highway safety mal appointment as a conferee, I would to meet on Thursday, May 26, 2005, at programs, and transit programs, and like to ask my distinguished col- 10 a.m. on Aviation Capacity and Con- for other purposes. leagues, the majority leader and the gestion Challenges-Summer 2005 and The PRESIDING OFFICER laid be- chairman of the Senate Committee on Future Demand. fore the Senate the following message Environment and Public Works, to The PRESIDING OFFICER. Without from the House of Represenatives: commit that no change to the Small objection, it is so ordered. Business Act or any program relating Resolved, That the House disagree to the SUBCOMMITTEE ON CLEAN AIR, CLIMATE to the SBA will be negotiated or agreed amendment of the Senate to the bill (H.R. 3) CHANGE, AND NUCLEAR SAFETY entitled ‘‘An Act to authorize funds for Fed- to in the Highway bill conference with- Mr. ENSIGN. Mr. President, I ask eral-aid highways, highway safety programs, out my consent as the Chair of the unanimous consent that the Sub- and transit programs, and for other pur- Senate Committee on Small Business committee on Clean Air, Climate poses,’’ and ask a conference with the Senate and Entrepreneurship.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6061 Mr. FRIST. The Senator from Maine, NOMINATION OF WILLIAM H. ice, received on Thursday, May 26, 2005, the distinguished chair of the Small PRYOR TO BE UNITED STATES be jointly referred to the Committee Business Committee, is correct that CIRCUIT JUDGE FOR THE ELEV- on Commerce, Science, and Transpor- while the vast majority of the Highway ENTH DISTRICT tation and the Committee on Banking, bill does not concern the Small Busi- Mr. FRIST. Mr. President, I ask Housing, and Urban Affairs. ness Act or the Small Business Admin- unanimous consent that the Senate The PRESIDING OFFICER. Without istration, the Highway bill conferees now proceed to the consideration of Ex- objection, it is so ordered. should secure the consent of the Chair ecutive Calendar No. 100, the nomina- f of the Senate committee on Small tion of William Pryor, of Alabama, to EXECUTIVE CALENDAR Business and Entrepreneurship before be U.S. Circuit Judge for the Eleventh making any changes to legislation or Circuit. programs within that committee’s ju- The legislative clerk read the nomi- NOMINATIONS DISCHARGED risdiction. nation of William H. Pryor, of Ala- Mr. FRIST. Mr. President, I ask Mr. INHOFE. I am grateful to the bama, to be United States Circuit unanimous consent that the Senate im- chair of the Small Business Committee Judge for the Eleventh District. mediately proceed to consider the fol- for her concern about the interests of CLOTURE MOTION lowing nominations on today’s Execu- small business. As chairman of the Mr. FRIST. Mr. President, I send a tive Calendar: Nos. 104, 105, 106 through Senate Environment and Public Works cloture motion to the desk. 111, 112, with the exception of BG Rita Committee and the manager of the The PRESIDING OFFICER. The clo- Broadway, 0000, Nos. 113, 114, with the Highway bill on the part of the Senate, ture motion having been presented exception of COL Donald M. Bradshaw, I agree that the Senate conferees on under rule XXII, the clerk will report 0000, Nos. 115 through 132, 133, 134, 135, the Highway bill will secure the Senate the cloture motion. 136, and all nominations on the Sec- Small Business Committee’s consent The legislative clerk read as follows: retary’s desk. I further ask unanimous before negotiating or agreeing to any consent that the Commerce Committee changes to the Small Business Act or CLOTURE MOTION We the undersigned Senators, in accord- be discharged from further consider- to any program relating to the Small ation of Coast Guard nominations lists, Business Administration. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby PN 236 and PN 527, and a NOAA list, PN Ms. SNOWE. I thank Chairman move to bring to a close debate on Executive 452; provided further that the Senate INHOFE and the majority leader for Calendar No. 100, William H. Pryor, Jr., of proceed to their consideration, the their commitment and support. Alabama, to be United States Circuit Judge nominations be confirmed en bloc, the for the Eleventh Circuit. motions to reconsider be laid upon the f Bill Frist, Craig Thomas, Richard Burr, Pat Roberts, Mitch McConnell, Jeff table, and the President be imme- Sessions, Wayne Allard, Jon Kyl, Rich- diately notified of the Senate’s action. EXECUTIVE SESSION ard G. Lugar, Jim DeMint, David Vit- The PRESIDING OFFICER. Without ter, Richard Shelby, Lindsey Graham, objection, it is so ordered. John Ensign, Pete Domenici, Bob Ben- The nominations considered and con- nett, George Allen. firmed are as follows: NOMINATION OF JANICE R. BROWN Mr. FRIST. Mr. President, I ask DEPARTMENT OF EDUCATION TO BE UNITED STATES CIRCUIT unanimous consent that the live Raymond Simon, of Arkansas, to be JUDGE FOR THE DISTRICT OF quorum with respect to both cloture Dep-uty Secretary of Education. COLUMBIA CIRCUIT votes be waived. DEPARTMENT OF DEFENSE Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without Kenneth J. Kreig, of Virginia, to be Under unanimous consent that the Senate objection, it is so ordered. Secretary of Defense for Acquisition, Tech- proceed to executive session for the f nology, and Logistics. consideration of Executive Calendar NOMINATION OF ROBERT JOSEPH IN THE AIR FORCE No. 72, the nomination of Janice R. TO BE UNDER SECRETARY OF The following named officer for appoint- Brown to be U.S. Circuit Judge for the STATE ment in the to the DC Circuit. grade indicated under title 10, U.S.C., section The legislative clerk read the nomi- Mr. FRIST. Mr. President, I ask 624: nation of Janice R. Brown, of Cali- unanimous consent that the Foreign To be brigadier general fornia, to be United States Circuit Relations Committee be discharged Col. Kathleen D. Close, 0000 Judge for the District of Columbia Cir- from further consideration of Robert The following named officer for appoint- cuit. Joseph, PN 301, to be Under Secretary ment in the United States Air Force to the of State for Arms Control and Inter- grade indicated while assigned to a position CLOTURE MOTION national Security; provided further of importance and responsibility under title Mr. FRIST. Mr. President, I send a that the Senate proceed to its consider- 10, U.S.C., section 601: cloture motion to the desk. ation, the nomination be confirmed, To be lieutenant general The PRESIDING OFFICER. The clo- the motion to reconsider be laid upon Maj. Gen. Charles E. Croom, Jr., 0000 ture motion having been presented the table, and the President be imme- The following Air National Guard of the under rule XXII, the clerk will report diately notified of the Senate’s action. United States officer for appointment in the the cloture motion. The PRESIDING OFFICER. Without Reserve of the Air Force to the grade indi- The legislative clerk read as follows: objection, it is so ordered. cated under title 10, U.S.C., section 12203: To be brigadier general CLOTURE MOTION The nomination considered and con- firmed is as follows: Col. Benjamin J. Spraggins, 0000 We the undersigned Senators, in accord- ance with the provisions of rule XXII of the DEPARTMENT OF STATE The following named officer for appoint- Standing Rules of the Senate, do hereby Robert Joseph, of Virginia, to be Under ment in the United States Air Force to the move to bring to a close debate on Executive Secretary of State for Arms Control and grade indicated while assigned to a position Calendar No. 72, the nomination of Janice R. International Security. of importance and responsibility under title 10, U.S.C., section 601: Brown, of California, to be United States Cir- f cuit Judge for the District of Columbia Cir- To be general cuit. JOINT REFERRAL Lt. Gen. Ronald E. Keys, 0000 Bill Frist, Arlen Specter, Trent Lott, Mr. FRIST. Mr. President, I ask IN THE ARMY Lamar Alexander, Jon Kyl, Jim Talent, unanimous consent that the nomina- Wayne Allard, Richard G. Lugar, John The following named officer for appoint- Ensign, C.S. Bond, Norm Coleman, tion of Israel Hernandez, of Texas, to ment in the United States Army to the grade Saxby Chambliss, James Inhofe, Mel be Assistant Secretary of Commerce indicated under title 10, U.S.C., section 624: Martinez, Jim DeMint, George Allen, and Director General of the United To be major general , John Cornyn. States and Foreign Commercial Serv- Brig. Gen. Benjamin C. Freakley, 0000

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6062 CONGRESSIONAL RECORD — SENATE May 26, 2005 The following named Army National Guard Captain Nevin P. Carr, Jr., 0000 Rear Adm. (lh) Peter H. Daly, 0000 of the United States officer for appointment Captain Philip H. Cullom, 0000 Rear Adm. (lh) Kenneth W. Deutsch, 0000 as Director, Army National Guard and for Captain Mark I. Fox, 0000 Rear Adm. (lh) Mark T. Emerson, 0000 appointment to the grade indicated under Captain William D. French, 0000 Rear Adm. (lh) Jeffrey L. Fowler, 0000 title 10, U.S.C., section 10506: Captain Michael S. Frick, 0000 Rear Adm. (lh) Garry E. Hall, 0000 To be lieutenant general Captain Timothy M. Giardina, 0000 Rear Adm. (lh) Leendert R. Hering, Sr., 0000 Maj. Gen. Clyde A. Vaughn, 0000 Captain Robert S. Harward, Jr., 0000 Rear Adm. (lh) Alan B. Hicks, 0000 Captain William H. Hilarides, 0000 Rear Adm. (lh) Stephen E. Johnson, 0000 The following named officers for appoint- Captain Daniel P. Holloway, 0000 Rear Adm. (lh) Carl V. Mauney, 0000 ment in the Reserve of the Army to the Captain Douglas J. McAneny, 0000 Rear Adm. (lh) Bernard J. McCullough, III grades indicated under title 10, U.S.C., sec- Captain Terence E. McKnight, 0000 Rear Adm. (lh) Michael Miller, 0000 tion 12203: Captain John W. Miller, 0000 Rear Adm. (lh) Allen G. Myers, 0000 To be major general Captain Michael S. Obryan, 0000 Rear Adm. (lh) Joseph A. Walsh, 0000 Brigadier General William H. Johnson, 0000 Captain Frank C. Pandolfe, 0000 Rear Adm. (lh) Melvin G. Williams, Jr., 0000 Brigadier General Dennis E. Lutz, 0000 Captain David L. Philman, 0000 Rear Adm. (lh) James A. Winnefeld, Jr., 0000 To be brigadier general Captain Brian C. Prindle, 0000 The following named officer for appoint- Colonel William H. Gerety, 0000 Captain Donald P. Quinn, 0000 ment in the United States Navy Reserve to Colonel William D. Frink, Jr., 0000 Captain William E. Shannon, III, 0000 the grade indicated under title 10, U.S.C. sec- Colonel Geoffrey A. Freeman, 0000 Captain James A. Symonds, 0000 tion 12203: Colonel Stuart M. Dyer, 0000 Captain Stephen S. Voetsch, 0000 To be rear admiral (lower half) Captain James P. Wisecup, 0000 Colonel Paul E. Crandall, 0000 Capt. Carol M. Pottenger, 0000 Colonel Lie-Ping Chang, 0000 The following named officer for appoint- The following named officer for appoint- To be major general ment in the United States Navy to the grade ment in the United States Naval Reserve to indicated under title 10, U.S.C., section 624: Brigadier General Bruce E. Zukauskas, 0000 the grade indicated under title 10, U.S.C. sec- Brigadier General William Terpeluk,0000 To be rear admiral tion 12203: Brigadier General Robert A. Pollmann, 0000 Rear Adm. (lh) Alan S. Thompson, 0000 To be rear admiral (lower half) To be brigadier general The following named officer for appoint- Capt. Nathan E. Jones, 0000 Colonel Richard A. Stone, 0000 ment in the United States Navy to the grade The following named officer for appoint- Colonel Steven W. Smith, 0000 indicated under title 10, U.S.C., section 624: ment in the United States Navy Reserve to Colonel Eldon P. Regua, 0000 To be rear admiral the grade indicated under title 10, U.S.C. sec- Colonel Bert K. Mizusawa, 0000 Rear Adm. (lh) Nancy J. Lescavage, 0000 tion 12203: Colonel Charles D. Luckey, 0000 To be rear admiral (lower half) The following named officer for appoint- Colonel Douglas E. Lee, 0000 Capt. Albert Garcia, III, 0000 Colonel Dempsey D. Kee, 0000 ment in the United States Navy to the grade BARRY GOLDWATER SCHOLARSHIP & Colonel Jeffrey A. Jacobs, 0000 indicated under title 10, U.S.C., section 624: EXCELLENCE IN EDUCATION FOUNDATION Colonel George R. Harris, 0000 To be rear admiral Colonel Margaret C. Wilmoth, 0000 Rear Adm. (lh) Jeffrey A. Brooks, 0000 Charles P. Ruch, of South Dakota, to be a Colonel Robin B. Umberg, 0000 Member of the Board of Trustees of the The following named officer for appoint- Barry Goldwater Scholarship and Excellence To be major general ment in the United States Navy to the grade in Education Foundation for a term expiring Brigadier General Larry Knightner, 0000 indicated under title 10, U.S.C., section 624: August 11, 2010. Brigadier General David L. Evans, 0000 To be rear admiral NATIONAL FOUNDATION ON THE ARTS AND THE Brigadier General Bruce A. Casella, 0000 Rear Adm. (lh) Robert B. Murrett, 0000 HUMANITIES The following named officer for appoint- The following named officer for appoint- Harry Robinson, Jr., of Texas, to be a ment in the Reserve of the Army to the ment in the United States Navy to the grade Member of the National Museum Services grade indicated under title 10, U.S.C., section indicated under title 10, U.S.C., section 624: Board for a term expiring December 6, 2008. 12203: (Reappointment) To be rear admiral (lower half) To be brigadier general NATIONAL MUSEUM AND LIBRARY SERVICES Capt. Victor C. See, Jr., 0000 Col. Neil Dial, 0000 BOARD The following named officers for appoint- The following named officer for appoint- Kin Wang, of California, to be a Member of ment in the United States Army to the grade ment in the United States Navy to the grade the National Museum and Library Services indicated under title 10, U.S.C., section 624: indicated under title 10, U.S.C. section 624: Board for a term expiring December 6, 2009. To be brigadier general To be rear admiral (lower half) (Reappointment) Col. David A. Rubenstein, 0000 Capt. Christine M. Bruzek-Kohler POSTAL RATE COMMISSION Col. James K. Gilman, 0000 The following named officer for appoint- Tony Hammond, of Virginia, to be a Com- IN THE MARINE CORPS ment in the United States Navy to the grade missioner of the Postal Rate Commission for The following named officer for appoint- indicated under title 10, U.S.C. section 624: a term expiring October 14, 2010. (Reappoint- ment in the United States Marine Corps to To be rear admiral (lower half) ment) NOMINATIONS PLACED ON THE SECRETARY’S the grade indicated while assigned to a posi- Capt. Mark W. Balmert, 0000 tion of importance and responsibility under DESK The following named officers for appoint- title 10, U.S.C., section 601: IN THE AIR FORCE ment in the United States Navy to the grade PN311 AIR FORCE nominations (445) begin- To be lieutenant general indicated under title 10, U.S.C. section 624: Maj. Gen. John W. Bergman, 0000 ning DONNELLE E. ADAMS, and ending To be rear admiral (lower half) DANIEL J. ZALEWSKI, which nominations The following named officer for appoint- Capt. Raymond E. Berube, 0000 were received by the Senate and appeared in ment in the United States Marine Corps to Capt. John J. Prendegast, III, 0000 the Congressional Record of March 14, 2005. the grade indicated while assigned to a posi- The following named officers for appoint- PN499 AIR FORCE nomination of Michael tion of importance and responsibility under E. Van Valkenburg, which was received by title 10, U.S.C., section 601: ment in the United States Navy to the grade indicated under title 10, U.S.C. section 624: the Senate and appeared in the Congres- To be lieutenant general sional Record of May 9, 2005. To be rear admiral (lower half) Lt. Gen. Robert R. Blackman, Jr., 0000 IN THE ARMY IN THE NAVY Capt. Kevin M. McCoy, 0000 PN222 ARMY nominations (12) beginning Capt. William D. Rodriguez, 0000 The following named officer for appoint- ROBERT D. BOWMAN, and ending THE- ment in the United States Navy to the grade The following named officer for appoint- RESA M. SULLIVAN, which nominations indicated while assigned to a position of im- ment in the United States Navy to the grade were received by the Senate and appeared in portance and responsibility under title 10, indicated under title 10, U.S.C. section 624: the Congressional Record of February 15, U.S.C., section 601: To be rear admiral 2005. PN500 ARMY nominations (75) beginning To be admiral Rear Adm. (lh) David J. Venlet, 0000 CATHERINE D. SCHOONOVER, and ending Vice Adm. Gary Roughead, 0000 The following named officers for appoint- VINCENT M. YZNAGA, which nominations The following named officers for appoint- ment in the United States Navy to the grade were received by the Senate and appeared in ment in the United States Navy to the grade indicated under title 10, U.S.C. section 624: the Congressional Record of May 9, 2005. indicated under title 10, U.S.C., section 624: To be rear admiral IN THE NAVY To be rear admiral (lower half) Rear Adm. (lh) Bruce W. Clingan, 0000 PN435 NAVY nominations (35) beginning Captain William R. Burke, 0000 Rear Adm. (lh) Derwood C. Curtis, 0000 JOEL P. BERNARD, and ending MARC K.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6063 WILLIAMS, which nominations were re- PN–503, Ambassador to Republic of The PRESIDING OFFICER. Without ceived by the Senate and appeared in the Panama; James Derham, PN–480, Am- objection, it is so ordered. Congressional Record of April 21, 2005. bassador to Guatemala; Paul Trivelli, The concurrent resolution (H. Con. IN THE COAST GUARD PN–509, Ambassador to Republic of Res. 167) was agreed to, as follows: The following named officers for appoint- Nicaragua; Linda Jewell, PN–522, Am- H. CON. RES. 167 ment in the United States Coast Guard to bassador to Republic of Ecuador; Sean Resolved by the House of Representatives (the the grade indicated under title 14, U.S.C., Ian McCormack, PN–351, Assistant Sec- section 271: Senate concurring), That when the House ad- retary of State; provided further that journs on the legislative day of Thursday, To be rear admiral the Senate proceed to their consider- May 26, 2005, or Friday, May 27, 2005, on a Rear Adm. (lh) Larry L. Hereth, 0000 ation en bloc, the nominations be con- motion offered pursuant to this concurrent Rear Adm. (lh) Robert J. Papp, 0000 firmed, that the motions to reconsider resolution by its Majority Leader or his des- Rear Adm. (lh) Clifford I. Pearson, 0000 be laid upon the table, the President be ignee, it stand adjourned until 2 p.m. on Rear Adm. (lh) James C. Van Sice, 0000 Tuesday, June 7, 2005, or until the time of The following named individual for ap- immediately notified of the Senate’s any reassembly pursuant to section 2 of this pointment as a permanent regular officer in action and the Senate then resume leg- concurrent resolution, whichever occurs the United States Coast Guard in the grade islative session. first; and that when the Senate recesses or indicated under Title 14, U.S.C., section 211: The PRESIDING OFFICER. Without adjourns on Thursday, May 26, 2005, or Fri- To be lieutenant commander objection, it is so ordered. day, May 27, 2005, on a motion offered pursu- ant to this concurrent resolution by its Ma- Kathryn C. Dunbar, 0000 The nominations considered and con- firmed are as follows: jority Leader or his designee, it stand re- NATIONAL OCEANIC AND ATMOSPHERIC cessed or adjourned until noon on Monday, DEPARTMENT OF STATE ADMINISTRATION June 6, 2005, or Tuesday, June 7, 2005, or until Subject to qualifications provided by law, Victoria Nuland, of Connecticut, a Career such other time on either of those days as the following permanent appointment to the Member of the Senior Foreign Services, may be specified by its Majority Leader or grades indicated in the National Oceanic and Class of Minister-Counselor, to be Perma- his designee in the motion to recess or ad- Atmospheric Administration. nent Representative of the United States of journ, or until the time of any reassembly America on the Council of the North Atlan- To be lieutenant pursuant to section 2 of this concurrent reso- tic Treaty Organization, with the rank and lution, whichever occurs first. Daniel J Price status of Ambassador Extraordinary and SEC. 2. The Speaker of the House and the Stephen Z Kroening Plenipotentiary. Jessica S Kondel Majority Leader of the Senate, or their re- John F. Tefft, of Virginia, a Career Mem- spective designees, acting jointly after con- Shannon M Ristau ber of the Senior Foreign Service, Class of Nicole S Lambert sultation with the Minority Leader of the Minister-Counselor, to be Ambassador Ex- House and the Minority Leader of the Sen- Chadwick A Brown traordinary and Plenipotentiary of the Nicole D Colasacco ate, shall notify the Members of the House United States of America to Georgia. and the Senate, respectively, to reassemble Chad M Cary David Horton Wilkins, of South Carolina, at such place and time as they may des- Jennifer E Pralgo to be Ambassador Extraordinary and Pleni- ignate whenever, in their opinion, the public Sean D Cimilluca potentiary of the United States of America interest shall warrant it. Charles J Yoos III to Canada. Keith A Golden William Alan Eaton, of Virginia, a Career f Shawn Maddock Member of the Senior Foreign Service, Class William D Whitmore of Minister-Counselor, to be Ambassador Ex- AUTHORIZATION TO MAKE Douglas E MacIntyre traordinary and Plenipotentiary of the APPOINTMENTS Sarah L Dunsford United States of America to the Republic of Sarah K Mrozek Panama. Mr. FRIST. Mr. President, I ask Joshua D Bauman James M. Derham, of Virginia, a Career unanimous consent that notwith- To be lieutenant (junior grade) Member of the Senior Foreign Service, Class standing the upcoming recess or ad- Michael C Davidson of Minister-Counselor, to be Ambassador Ex- journment of the Senate, the President David E Fischman traordinary and Plenipotentiary of the of the Senate, the President pro tem- United States of America to the Republic of Silas M Ayers pore, and the majority and minority Paul A Householder Guatemala. Paul A. Trivelli, of Virginia, a Career leaders be authorized to make appoint- Nicola Samuelson Member of the Senior Foreign Service, Class ments to commissions, committees, Patrick L Murphy of Counselor, to be Ambassador Extraor- boards, conferences, or interparliamen- Colin D Little dinary and Plenipotentiary of the United Lean A Harman tary conferences authorized by law and States of America to the Republic of Nica- Jason R Mansour by concurrent action of the two Houses ragua. Michael J Stevenson or by order of the Senate. Linda Jewell, of the District of Columbia, Briana J Welton The PRESIDING OFFICER. Without a Career Member of the Senior Foreign Serv- Abigail S Higgins ice, Class of Minister-Counselor, to be Am- objection, it is so ordered. Brent J Pounds bassador Extraordinary and Plenipotentiary Amanda L Goeller f of the United States of America to the Re- Sarah E Jackson public of Ecuador. SIGNING AUTHORIZATION Timothy D Salisbury Sean Ian McCormack, of the District of Co- Benjamin S Sniffen lumbia, to be an Assistant Secretary of Mr. FRIST. I ask unanimous consent Mark A Blankenship State (Public Affairs). that during the adjournment of the Fionna J Matheson Jonathan E Taylor f Senate, the majority leader, majority whip, and senior Senator from Virginia Andrew P Halbach LEGISLATIVE SESSION Nathan S Priester be authorized to sign duly enrolled William I Wells The PRESIDING OFFICER. Under bills or joint resolutions. Sarah K Jones the previous order, the Senate will now The PRESIDING OFFICER. Without Stephen P Barry return to legislative session. objection, it is so ordered. f f f NOMINATIONS DISCHARGED PROVIDING FOR CONDITIONAL RE- Mr. FRIST. Mr. President, I ask CESS OR ADJOURNMENT OF AUTHORITY FOR COMMITTEES TO unanimous consent that the Foreign BOTH HOUSES OF CONGRESS REPORT Relations Committee be discharged Mr. FRIST. Mr. President, I ask Mr. FRIST. I ask unanimous consent from further consideration of the fol- unanimous consent that the Senate that notwithstanding the Senate’s ad- lowing nominations: now proceed to consideration of H. Con. journment, committees be authorized Victoria Nuland, PN 511, permanent Res. 167, the adjournment resolution, to report legislative and executive representative on the Council of NATO; which is at the desk. I further ask con- matters on June 1 from 10 a.m. to 12 John Tefft, PN 523, Ambassador to sent that the concurrent resolution be noon. Georgia; David Wilkins, PN–455, Am- agreed to and the motion to reconsider The PRESIDING OFFICER. Without bassador to Canada; William Eaton, be laid upon the table. objection, it is so ordered.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6064 CONGRESSIONAL RECORD — SENATE May 26, 2005 APPOINTMENTS gressive movement. He protested the nesses. OIPA is also a member of the The PRESIDING OFFICER. The corruption of government and the in- Independent Petroleum Association of Chair, on behalf of majority and minor- fluence of large corporations on polit- America. ity leaders of the Senate and Speaker ical leaders. He argued in favor of wom- OIPA’s mission is to enhance and minority leader of the House of Rep- en’s suffrage, worker’s rights and ra- protect the ability of Oklahoma’s inde- resentatives, pursuant to section 301 of cial equality. He fought for economic pendent oil and natural gas producers Public Law 104–1, as amended by Public and social reform to remove power to conduct their business and to ensure Law 108–349, announces the joint re- from the few and place it in the hands a strong energy supply. OIPA is a proactive and diverse orga- designation of the following individual, of the many. nization striving to provide a broad as Chair of the Board of Directors of La Follette’s fighting spirit and drive range of services to its members and the Office of Compliance: Susan S. for reform have prevented him from falling out of the Naion’s conscious- the industry it supports. Robfogel of New York. OIPA has worked successfully on be- The Chair, on behalf of the majority ness. Nowhere is this truer than in Wis- half of Oklahoma independent pro- and minority leaders of the Senate and consin, the State he served so tire- ducers on State and national issues, lessly for more than 30 years. His leg- the Speaker and minority leader of the advocating for State and national gov- acy is alive in the people of Wisconsin, House of Representatives, pursuant to ernmental policies that protect and en- who so often embody his pioneering section 301 of Public Law 104–1, as hance the Oklahoma independent pro- amended by Public Law 108–349, an- spirit of reform. His legacy is alive in ducers’ ability to do business. nounces the joint reappointment of the the United States Senate, where we Most recently, I have worked with following individual as members of the continue to fight for honesty in poli- OIPA in the introduction of the Nat- Board of Directors of the Office of tics. For all these reasons, I urge my ural Gas Production Act of 2005—S. 926, Compliance: Barbara L. Camens of the colleague to join me in support of H.R. which I introduced, that would extend District of Columbia and Roberta L. 1760, to commemorate the legacy, and section 29 to include natural gas pro- Holzwarth of Illinois. celebrate the life of Robert ‘‘Fighting duced from depths below 15,000 feet. f Bob’’ La Follette. This bill is strongly supported by OIPA Mr. FRIST. I ask unanimous consent DESIGNATING THE ‘‘ROBERT M. LA members and I thank them for their the bill be read a third time and FOLLETTE, SR., POST OFFICE support. passed, the motion to reconsider be BUILDING’’ The Oklahoma Independent Petro- laid upon the table, and any state- leum Association has been and will Mr. FRIST. I ask unanimous consent ments relating to the bill be printed in continue to be an invaluable asset in that the Committee on Homeland Se- the RECORD. developing and promoting the oil and curity and Governmental Affairs be The PRESIDING OFFICER. Without gas industry in the United States. discharged from further consideration objection, it is so ordered. I am introducing this resolution as of H.R. 1760 and the Senate proceed to The bill (H.R. 1760) was read the third an expression of my appreciation. I its immediate consideration. time and passed. congratulate the Oklahoma Inde- The PRESIDING OFFICER. Without f pendent Petroleum Association for its objection, it is so ordered. The clerk 50-year history and its contributions to 50TH ANNIVERSARY OF THE OKLA- will report the bill by title. the oil and gas industry in Oklahoma The legislative clerk read as follows: HOMA INDEPENDENT PETRO- and the United States. A bill (H.R. 1760) to designate the facility LEUM ASSOCIATION Mr. FRIST. I ask unanimous consent of the United States Postal Service located Mr. FRIST. I ask unanimous consent at 215 Martin Luther King, Jr., Boulevard in the resolution be agreed to, the pre- Madison, Wisconsin, as the ‘‘Robert M. La the Senate now proceed to the consid- amble be agreed to, the motions to re- Follette, Sr., Post Office Building.’’ eration of S. Res. 159, submitted earlier consider be laid on the table en bloc, There being no objection, the Senate today. and any statements relating to the res- proceeded to consider the bill. The PRESIDING OFFICER. The olution be printed in the RECORD. Mr. KOHL. Mr. President, I rise clerk will report the resolution by The PRESIDING OFFICER. Without today in support of H.R. 1760, which title. objection, it is so ordered. would name a Post Office in Madison, The legislative clerk read as follows: The resolution (S. Res. 159) was WI as the ‘‘Robert M. La Follette, Sr. A resolution (S. Res. 159) recognizing the agreed to. The preamble was agreed to. Post Office Building.’’ This passage of 50th anniversary of the Oklahoma Inde- The resolution, with its preamble, this legislation is timely, coming pendent Petroleum Association and its mem- reads as follows: shortly before what would have been bers’ vital contribution to the oil and gas in- dustry of the United States. S. RES. 159 La Follette’s 150th birthday next month. There being no objection, the Senate Whereas the Oklahoma Independent Petro- Robert La Follette was born into a proceeded to consider the resolution. leum Association was founded and incor- Mr. INHOFE. Mr. President, today I porated in the State of Oklahoma on Janu- farming family in Primrose, WI, on ary 13, 1955; June 14, 1855. After graduating from rise in support of this resolution recog- nizing the Oklahoma Independent Pe- Whereas the Oklahoma Independent Petro- the University of Wisconsin in Madi- leum Association was founded by inde- son, he served as the District Attorney troleum Association on its 50th anni- pendent oil and natural gas producers, and for Dane County. He would go on to versary and also recognizing its mem- its membership is still comprised of inde- serve the State of Wisconsin as a Con- bers’ vital contribution to the oil and pendent producers, both large and small; gressman, the Governor, and a U.S. gas industry of the United States. Whereas the founders of the Oklahoma Senator. Throughout his career, he The Oklahoma Independent Petro- Independent Petroleum Association pos- fought on behalf of the people, not the leum Association—OIPA—was founded sessed the leadership and vision to establish a unified voice for independent crude oil and politics. He truly embodied the ‘‘fight- by Roy Woods on January 13, 1955. Roy Woods and other founders possessed the natural gas producers; ing’’ spirit of the people of Wisconsin. Whereas the Oklahoma Independent Petro- As Governor, La Follette instituted leadership and vision to establish a leum Association is the largest oil and gas direct primary elections, allowing the unified voice for independent crude oil advocacy group in the State, representing people to choose their representatives, and natural gas producers. over 1,500 member companies in the crude oil rather than having the party leaders The founders were independent oil and natural gas exploration and production chose them. His reform efforts in the and natural gas producers, and its industry and affiliated businesses; State, and his excellent speaking style, membership still comprises independ- Whereas the mission of the Oklahoma placed him in the national spotlight. In ents, both large and small. Independent Petroleum Association is to en- OIPA is my State’s largest oil and hance and protect the ability of independent 1906, La Follette joined the U.S. Sen- oil and natural gas producers in Oklahoma ate, where he would remain until his gas advocacy group, representing over to conduct their business and to ensure en- death in 1925. 1,500 member companies in the crude ergy supply; It was as a U.S. Senator that La oil and natural gas exploration/produc- Whereas the Oklahoma Independent Petro- Follette truly launched a national pro- tion industry, as well as affiliated busi- leum Association is a rarity in State oil and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6065 gas associations, with a full-time govern- The PRESIDING OFFICER. The bill utes, but I want to take the oppor- mental affairs specialist and a full-time reg- will be read for the second time on the tunity, before closing, to thank the ulatory affairs specialist working with agen- next legislative day. pages, who are sitting here before me, cies that regulate the oil and gas industry; f for all the tremendous work they do. It Whereas the Oklahoma Independent Petro- is very rare that we have the oppor- leum Association is a proactive and diverse ORDERS FOR MONDAY, JUNE 6, tunity to thank them publicly, and I organization striving to provide a broad 2005 range of services to its members and the in- want to take that opportunity right dustry it supports; Mr. FRIST. Mr. President, I ask now. Whereas the leaders of the Oklahoma Inde- unanimous consent that when the Sen- They are here from early in the pendent Petroleum Association have worked ate completes its business today, it morning, and they are here tonight at successfully on behalf of Oklahoma inde- stand in adjournment until 2 p.m. on 9 o’clock. It is a little bit after 9 right pendent producers on State and national Monday, June 6. I further ask that fol- now. I will slip out, and they will still issues, advocating for State and national lowing the morning prayer and pledge, be here cleaning up and getting things governmental policies that protect and en- the morning hour be deemed expired, in order. hance the ability of Oklahoma independent They do a tremendous job, the pages, producers to do business; and the Journal of proceedings be approved Whereas the Oklahoma Independent Petro- to date, the time for the two leaders be representing really most parts of the leum Association will continue to look to- reserved, and the Senate then return to country, and I want to say thank you ward the future by forging alliances within executive session to resume consider- on behalf of the Democratic leader, the the oil and gas industry and with other orga- ation of the nomination of Janice Rog- Republican leader, and both sides of nizations devoted to a more prosperous Okla- ers Brown to be United States Circuit the aisle. homa: Now, therefore, be it Judge for the DC Court of Appeals; I f Resolved, That the Senate— (1) recognizes the 50th anniversary of the further ask consent that the vote in- SPENDING TIME IN HOME STATES voking cloture on the Brown nomina- Oklahoma Independent Petroleum Associa- Mr. FRIST. We will be going on re- tion occur at 12 noon on Tuesday, June tion; cess here for about 8 days, a much- 7. (2) congratulates the Oklahoma Inde- needed recess for many people. A recess pendent Petroleum Association for its 50- The PRESIDING OFFICER. Without means we, for the most part, go back year history of contributions to the oil and objection, it is so ordered. gas industry of Oklahoma and the United to our home States and spend time f States; with people. So we all look forward to (3) recognizes that the Oklahoma Inde- PROGRAM that opportunity to get back and trav- pendent Petroleum Association has been and el around the country and get outside Mr. FRIST. Mr. President, on Mon- will continue to be an invaluable asset in de- of Washington, DC, and listen very di- day, June 6, the Senate will return veloping and promoting the oil and gas in- rectly to the American people. dustry in the United States; and from the Memorial Day recess and re- (4) directs the Secretary of the Senate to sume consideration of the nomination f transmit a copy of this resolution to the of Janice Rogers Brown for the DC Cir- ADJOURNMENT UNTIL MONDAY, Oklahoma Independent Petroleum Associa- cuit. There will be no rollcall votes on JUNE 6, 2005, AT 2 P.M. tion as an expression of appreciation and for June 6, but Senators are encouraged to Mr. FRIST. Mr. President, if there is public display at the 50th annual meeting of come to the floor that day to speak on the Oklahoma Independent Petroleum Asso- no further business to come before the ciation. the Brown nomination. Senate, I ask unanimous consent that As a reminder, cloture was just filed f the Senate stand in adjournment under on the Brown nomination and the nom- the provisions of H. Con. Res. 167. MEASURE PLACED ON THE ination of William Pryor to the Elev- There being no objection, the Senate, CALENDAR—S. 1127 enth Circuit. Thus, we will vote on the at 9:02 p.m., adjourned until Monday, Mr. FRIST. I understand there is a cloture motion with respect to the June 6, 2005, at 2 p.m. bill at the desk due for a second read- Brown nomination on Tuesday, June 7, f at noon. ing. NOMINATIONS The PRESIDING OFFICER. The Given the agreement reached this clerk will report the bill by title. week, I expect cloture to be invoked Executive nominations received by The legislative clerk read as follows: and hope that we can proceed to the the Senate May 26, 2005: DEPARTMENT OF DEFENSE A bill (S. 1127) to require the Secretary of confirmation vote on Judge Brown Defense to submit to Congress all docu- early Tuesday afternoon. I also would WILLIAM ANDERSON, OF CONNECTICUT, TO BE AN AS- like to remind my colleagues that we SISTANT SECRETARY OF THE AIR FORCE, VICE NELSON mentation related to the Secretary’s rec- F. GIBBS. ommendations for the 2005 round of defense have time agreements with respect to DEPARTMENT OF AGRICULTURE base closure and realignment. the nominations of Griffith, McKeague, RICHARD A. RAYMOND, OF NEBRASKA, TO BE UNDER Mr. FRIST. In order to place the bill and Griffin to the circuit courts, as SECRETARY OF AGRICULTURE FOR FOOD SAFETY, VICE on the calendar under the provisions of well. It is my intention to move to ELSA A. MURANO, RESIGNED. rule XIV, I object to further pro- these nominations at an early time, as DEPARTMENT OF THE TREASURY ceeding. well. RANDAL QUARLES, OF UTAH, TO BE AN UNDER SEC- Finally, since we were unable to fin- RETARY OF THE TREASURY, VICE BRIAN CARLTON The PRESIDING OFFICER. Objec- ROSEBORO. ish our work on the Bolton nomination tion is heard. The bill will be placed on DEPARTMENT OF COMMERCE the calendar. to be ambassador to the United Na- ISRAEL HERNANDEZ, OF TEXAS, TO BE ASSISTANT f tions, we will revisit this issue fol- SECRETARY OF COMMERCE AND DIRECTOR GENERAL OF lowing the break, as well. THE UNITED STATES AND FOREIGN COMMERCIAL SERV- MEASURE READ THE FIRST I suggest the absence of a quorum. ICE, VICE RHONDA KEENUM. DEPARTMENT OF THE TREASURY TIME—H.R. 810 The PRESIDING OFFICER. The PHILIP D. MORRISON, OF THE DISTRICT OF COLUMBIA, Mr. FRIST. Mr. President, I under- clerk will call the roll. TO BE AN ASSISTANT SECRETARY OF THE TREASURY, stand there is a bill at the desk. I ask The assistant legislative clerk pro- VICE PAMELA F. OLSON, RESIGNED. for its first reading. ceeded to call the roll. DEPARTMENT OF STATE The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask RONALD E. NEUMANN, OF VIRGINIA, A CAREER MEM- clerk will please report. unanimous consent that the order for BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- The legislative clerk read as follows: the quorum call be rescinded. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The PRESIDING OFFICER. Without OF AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANI- A bill (H.R. 810) to amend the Public Serv- STAN. ice Act to provide for human embryonic objection, it is so ordered. GREGORY L. SCHULTE, OF VIRGINIA, TO BE REP- stem cell research. f RESENTATIVE OF THE UNITED STATES OF AMERICA TO Mr. FRIST. I now ask for its second THE VIENNA OFFICE OF THE UNITED NATIONS, WITH THE THANKING THE PAGES RANK OF AMBASSADOR. reading, and in order to place the bill INTERNATIONAL ATOMIC ENERGY AGENCY on the calendar under the provisions of Mr. FRIST. Mr. President, we are GREGORY L. SCHULTE, OF VIRGINIA, TO BE REP- rule XIV, I object to my own request. going to be out in just a couple min- RESENTATIVE OF THE UNITED STATES OF AMERICA TO

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6066 CONGRESSIONAL RECORD — SENATE May 26, 2005

THE INTERNATIONAL ATOMIC ENERGY AGENCY, WITH JEFFREY L. * BARTLETT, 0000 DANIEL S. BRINGS, 0000 THE RANK OF AMBASSADOR. JAMES EARL * BASS, 0000 EARL J. *BRINSON, 0000 BRIAN R. BAUDE, 0000 JOEL L. *BRISKE, 0000 IN THE AIR FORCE MATTHEW R. * BAUGHER, 0000 JAMES T. *BROADDUS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. * BAYER, 0000 LARRY R. BROADWELL, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KEVIN A. BAYLIS, 0000 DOUGLAS F. BROCK, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED BRADLEY A. * BEABOUT, 0000 BRIAN E. *BROEKEMEIER, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C SECTIONS 624 LAURA H. * BEALES, 0000 LAMETRA F. *BROOKS, 0000 AND 531: DANIEL J. * BEARD, 0000 MATTHEW R. BROOKS, 0000 VIDA V. * BEARD, 0000 DEBORAH L. *BROSTEK, 0000 To Be Major OMAR E. * BECERRIL, 0000 BARRY W. *BROWN, 0000 CHARLES E. * BECKER, 0000 CARLOS J. *BROWN, 0000 BRIAN F. * ABELL, 0000 TARA B. BEEDLE, 0000 DARRYL V. D. BROWN, JR., 0000 SEAN P. ABELL, 0000 KEVIN R. BEEKER, 0000 MICHAEL R. *BROWN, 0000 BRENT F. * ADAMS, 0000 MATTHEW R. * BEER, 0000 RENARDO M. BROWN, 0000 DEANA C. * ADAMS, 0000 JEFFREY A. BEERS, 0000 CRISTOFER V. *BROWNING, 0000 MATTHEW C. J. ADAMS, 0000 TIMOTHY E. BEERS, 0000 CURTUS L. *BROWNING, 0000 JODY A. * ADDISON, 0000 DANIEL J. BEGIN, 0000 JASON E. *BROWNING, 0000 BRIAN P. AFFLERBAUGH, 0000 LEE A. * BEIERMANN, 0000 MATTHEW A. BRUHN, 0000 EDWARD L. * AGUILAR, 0000 MICHAEL E. * BELKO, 0000 MELINDA W. *BRUNER, 0000 MATTHEW C. AHNER, 0000 BRIAN T. BELL, 0000 DONALD R. BRUNK, 0000 STEWART R. * AITKENCADE, 0000 GREGORY C. * BELL, 0000 BYRON T. BRUNSON, 0000 IVAN AKERMAN, 0000 JOHN J. BELL, 0000 SANORA F. *BRUNSON, 0000 GEOFFREY A. * AKERS, 0000 NICHOLAS A. * BELL, 0000 ROBERT H. BRYANT III, 0000 ARTURO * ALAIZA, JR., 0000 TIMOTHY D. * BELL, 0000 MARK R. *BRYKOWYTCH, 0000 PATRICK M. * ALBRITTON, 0000 JONATHAN B. BELLCASE, 0000 JOHN L. *BUCHANAN II, 0000 BRIAN C. * ALEXANDER, 0000 EUGENIO J. * BELTRAN, 0000 RONALD J. *BUCHSEN, JR., 0000 CHRISTOPHER M. * ALEXANDER, 0000 DIANE C. * BENAVIDEZ, 0000 JULIAN *BUCUR, 0000 JEFFREY D. ALEXANDER, 0000 JOHN D. * BENEDICT, 0000 MATTHEW J. *BUDDE, 0000 JOSEPH B. * ALFORD, 0000 MICHAEL L. BENNETT, 0000 FRANK J. *BUFFINGTON, 0000 ALBERT P. * ALLARD, 0000 KEVIN C. * BENTLEY, 0000 JONATHAN C. BUFFINGTON, 0000 GARY L. ALLEN, JR., 0000 GARY W. * BENTON, 0000 DAVID L. *BULLARD, 0000 JASON N. ALLEN, 0000 WILLIAM A. * BERCK, 0000 ARVIN J. *BULLOCK, 0000 JEFFREY T. ALLISON, 0000 CHRISTOPHER C. * BERG, 0000 TIMOTHY D. BUNNELL, 0000 MICHAEL P. ALLISON, 0000 TIMOTHY M. * BERGMAN, 0000 ANN MARIE *BUNTON, 0000 CLARK L. ALLRED, 0000 TAMARA L. * BERGTHOLDT, 0000 STEVEN L. *BURKE, 0000 KEVIN D. ALLRED, 0000 PETER E. * BERMES, 0000 MELINDA A. *BURKHART, 0000 DAVID P. * ALLSOP, 0000 SCOTT D. * BERNDT, 0000 LANCE C. *BURNETT, 0000 ALAN S. * ALSOP, 0000 WILLIAM L. * BERNHARD, 0000 CURTIS W. BURNEY, 0000 JUAN A. ALVAREZ, 0000 FREDERICK S. BERRIAN, 0000 HARRY M. *BURNS, 0000 JUSTIN C. * AMANN, 0000 RAYMOND J. * BESSON, 0000 STEVEN J. *BURNS, 0000 DAVID R. AMAYA, 0000 JAMES A. * BEYER, 0000 BRIAN E. BURR, 0000 MARY K. * AMBROSE, 0000 DANNY R. * BIAS, 0000 KELLY D. *BURT, 0000 DANIEL G. AMEGIN, 0000 TIMOTHY J. BICE, JR., 0000 JOHN S. *BURTOFT, 0000 CHRISTOPHER R. AMRHEIN, 0000 THOMAS * BICKERSTAFF, 0000 HENRI J. *BUSQUE, 0000 ANTHONY J. * ANDERSON, 0000 ERIK D. BIEBIGHAUSER, 0000 JASON M. BUSS, 0000 CYNTHIA G. * ANDERSON, 0000 JACQUELINE M. * BIEKER, 0000 WALTER A. *BUSTELO, 0000 DAVID R. * ANDERSON, 0000 SEKOU T. * BILLINGS, 0000 ROBERT V. *BUTKOVICH, 0000 JEREMY S. * ANDERSON, 0000 MATTHEW E. * BILTON, 0000 MATTHEW J. *BUTLER, 0000 KRISHAAN G. * ANDERSON, 0000 PAUL R. BIRCH, 0000 STEVEN M. *BUTLER, 0000 PONG K. * ANDERSON, 0000 ROBERT L. * BIRCHUM, 0000 TODD C. *BUTLER, 0000 SCOTT W. * ANDERSON, 0000 GORDON N. * BIRDSALL, 0000 DAVID L. *BUTTERFIELD, JR., 0000 SHERRI M. * ANDERSON, 0000 MICHAEL B. BIRDWELL, 0000 CHRISTOPHER D. *BUZO, 0000 STEVEN C. ANDERSON, 0000 ROGER C. * BISHOP, JR., 0000 ADRIAN R. *BYERS, 0000 TANYA J. * ANDERSON, 0000 JOHN C. * BISSELL, 0000 HOWARD E. *BYRD, JR., 0000 JAMES M. * ANDES, 0000 JOEL R. * BIUS, 0000 EDWARD P. *BYRNE, 0000 JOHN G. * ANDRADE, 0000 JENNIFER L. BIVENS, 0000 JENNIFER A. CABALLERO, 0000 SHAWN E. ANGER, 0000 KIM D. * BLACK, 0000 MICHAEL R. CABRAL, 0000 RICHARD D. * ANTON, 0000 RICHARD M. * BLACK, 0000 GABRIEL *CABRERA, 0000 NICHOLAS G. ANTONOPULOS, 0000 MARK J. * BLACKMAN, JR., 0000 BRYAN J. CAHILL, 0000 JOSEPH M. * APPEL, 0000 ALLEN P. * BLANCHFIELD, 0000 REGINA LOUISE *CAIN, 0000 RICHARD L. * APPLE, 0000 JOSEPH O. * BLAND, 0000 MAURIZIO D. 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CARY, 0000 ARNOLD C. * BALDOZA, 0000 JOHN *BRADY, 0000 MICHAEL B. CASEY, 0000 HEATHER M. * BALDWIN, 0000 KATHY K. *BRADY, 0000 CLINTON L. *CASH, 0000 JERRY B. * BANCROFT, JR., 0000 WARREN B. *BRAINARD, 0000 JOSEPH J. *CASSIDY II, 0000 GREGORY D. * BANFIELD, 0000 EDWARD P. *BRANSON, 0000 DAVID M. *CASSTEVENS, 0000 MICHAEL S. * BANZET, 0000 JAMES P. BRASSELL, 0000 ANNE M. *CATINO, 0000 JOHN E. * BAQUET, 0000 CECILIA S. BRAWNER, 0000 DEIRDRE C. CATLIN, 0000 CHRISTOPHER T. BARBER, 0000 DOUGLAS T. *BRAY, 0000 GREGORY A. *CAUDLE, 0000 JOSE B. * BARENG, 0000 JED T. *BREDEMUS, 0000 PAUL S. *CAZIER, 0000 JAMES C. * BARGER, 0000 CHARLES R. *BREDFIELD, 0000 ROBERT A. *CERA, 0000 WILLIE R. * BARKER, 0000 THOMAS M. BREEN, 0000 MARSHA W. *CERVANTEZ, 0000 EUGENE * BARLOW, JR., 0000 RAYMOND J. *BRENNAN, 0000 MICHAEL A. CERVANTEZ, 0000 DANIELLE L. * BARNES, 0000 TYR RICHARD *BRENNER, 0000 WILL C. CHAFFEE IV, 0000 GREGORY D. * BARNETT, 0000 CHRISTOPHER A. BRIDGES, 0000 MARK D. CHAGARIS, 0000 RYAN R. BARNEY, 0000 KENNETH K. *BRIDGES, 0000 JAMES D. *CHALIFOUX, 0000 ANTHONY R. BARRETT, 0000 ROBERT T. *BRIDGES, 0000 ROBERT W. *CHAMBERS, 0000 BARRINGTON M. * BARRETT, 0000 SIDNEY J. *BRIDGES, 0000 ROBERT E. *CHAMPION, 0000 ROBERT M. * BARRY, JR., 0000 SCOTT E. BRIESE, 0000 JASON S. *CHANDLER, 0000 CLAYTON B. BARTELS, 0000 MICHAEL J. *BRIGGS, 0000 JOHN C. *CHAPMAN, 0000 BRENDAN C. * BARTLETT, 0000 RONALD S. *BRIGHT, 0000 JOSEPH *CHARGUALAF, 0000

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KELLEY A. CHASE, 0000 JAYSON A. * CURRIER, 0000 MARTY W. * EASTER, 0000 RONALD J. CHASTAIN, 0000 MACK W. * CURRY II, 0000 DOUGLAS D. EATON, 0000 MICHAEL R. *CHATAGNIER, 0000 TYREL J. * CURRY, 0000 BRYAN T. * EBERHARDT, 0000 EDWARD P. *CHATTERS IV, 0000 MELANIE K. * CURTIS, 0000 BRIAN A. * EBERLING, 0000 KEITH N. *CHAURET, 0000 LIBORIO L. * CURTO, 0000 KENNETH R. * EBI, 0000 MICHAEL G. *CHAVIS, 0000 KENNETH T. CUSHING, 0000 DANIEL J. * EBRECHT, 0000 RONALD E. CHEATHAM, 0000 WILLIAM R. * CUSICK, 0000 KRISTOPHER J. ECKER, 0000 RAYMOND A. CHEHY, JR., 0000 VINCENT E. CYRAN, 0000 JAMES G. * EDDLEMAN, JR., 0000 DEAN T. *CHERER, 0000 MARTIN T. DAACK, JR., 0000 JARRETT E. * EDGE, 0000 JON E. *CHESSER II, 0000 SARAH D. * DAHL, 0000 DARREN M. * EDMONDS, 0000 TROY W. *CHEVALIER, 0000 VON A. * DAILEY, 0000 ADAM L. EDWARDS, 0000 NATHAN A. CHINE, 0000 STEPHEN G. DAMICO, 0000 ANTHONY J. * EDWARDS, 0000 WAYNE M. CHITMON, 0000 PASCAL * DANET, 0000 DAVID W. EDWARDS, 0000 JOHN S. *CHOBERKA, JR., 0000 PATRICK E. * DANIEL, 0000 MICHAEL C. * EDWARDS, 0000 MICHAEL L. *CHONG, 0000 CALVIN E. DANIELS, JR., 0000 ROBERT V. * EDWARDS, 0000 JOHN A. CHRIST, 0000 HUMPHREY * DANIELS III, 0000 TRAVIS L. EDWARDS, 0000 JENNY M. *CHRISTIAN, 0000 KIMBERLY A. * DANIELS, 0000 JON E. * EGENBERGER, 0000 BRADLEY D. *CHRISTIANSEN, 0000 TIMOTHY B. * DANN, 0000 CLINTON W. * EICHELBERGER, 0000 REGGIE A. *CHRISTIANSON, 0000 MICHAEL W. * DARWIN, 0000 CAREY N. * EICHHORST, 0000 WILLIAM V. *CHUDKO, 0000 RENEE D. * DAUGHTRY, 0000 GARY J. EILERS, 0000 LORNE E. *CHUI, 0000 JOHN C. DAVIDSON, 0000 SCOTT DJ *EISINGER, 0000 WILLIAM R. *CHURCH, 0000 JEFFREY W. DAVIES, 0000 KERRE E. ELLIS, 0000 LISA A. *CICCARELLI, 0000 BRIAN S. * DAVIS, 0000 MICHAEL K. EMBREE, 0000 DAVID J. CIESIELSKI, 0000 PAUL E. * DAVIS, JR., 0000 EDUARDO E. *EMMANUELLI, 0000 MICHAEL T. CLANCY, 0000 ROBERT D. DAVIS, 0000 MATTHEW K. *ENCE, 0000 AARON W. *CLARK, 0000 RONDELL C. * DAVIS, 0000 ROARK D. *ENDLICH, 0000 ANDREW M. *CLARK, 0000 RUSSELL O. DAVIS, 0000 JASON D. *ENGLE, 0000 CHRISTOPHER F. *CLARK, 0000 SCOTT F. * DAVIS, 0000 HARRY A. *EPPERSON III, 0000 CHRISTOPHER R. CLARK, 0000 THOMAS P. DAVIS, 0000 OLIVER D. ERICKSON, 0000 KEVIN S. *CLARK, 0000 JENNA M. * DAVISRICHARDSON, 0000 MARIO J. ESCALANTE, 0000 LYNELLE A. *CLARK, 0000 NATHAN R. DAWN, 0000 LORNE E. *ESHELMAN, 0000 TABETHA J. *CLARK, 0000 RICHARD E. * DAY, 0000 MATTHEW J. ESKER, 0000 TAD D. CLARK, 0000 CHAD S. * DEAL, 0000 THOMAS P. *ESSER, 0000 WILL CLARK, 0000 ALAN R. * DEAN, 0000 RAYMUNDO *ESTRADA, JR., 0000 WILLIAM M. *CLARKE, 0000 SARA B. * DEAVER, 0000 ALDWIN V. *ESTRELLADO, 0000 ELIZABETH A. CLAY, 0000 CRAIG * DEBONI, 0000 MATTHEW C. ESTREM, 0000 SPENCER E. *CLEAVELAND, 0000 MICHAEL D. DEE, 0000 DAVID A. *EVANS, 0000 PAUL P. *CLEMANS, 0000 EDUARDO * DEFENDINI, 0000 SAMUEL E. *EVANS III, 0000 DOMINIC P. CLEMENTZ, 0000 MARK W. DEGIRONIMO, 0000 TIMOTHY J. EVERETT, 0000 NATHAN D. *CLEMMER, 0000 ROBERT M. * DEGREGORIO, 0000 JAMES S. *EVRIDGE, 0000 LEVITICOUS C. *CLEVELAND, 0000 ROBERT A. * DEKA, 0000 WILSHELIA S. *EZELL, 0000 SARAH U. *CLEVELAND, 0000 JASON R. * DELAMATER, 0000 ERIC S. *FAJARDO, 0000 SCOTT A. * CLYMAN, 0000 DIANA N. * DELATORRE, 0000 FRED A. *FALGIANO, 0000 THOMAS F. * COAKLEY, 0000 ROBIN L. * DELAVEGA, 0000 ROBERT L. *FARKAS, 0000 TOM G. * COATE, 0000 PHILIP B. * DELVECCHIO, 0000 DAVID E. *FARLEY, 0000 GREGORY M. * COATES, 0000 ERIC R. DELWICHE, 0000 BRIAN J. *FARMER, 0000 BRUCE C. * COFFE, 0000 HOED AART W. * DEN III, 0000 JARED A. FARR, 0000 MARK D. * COGGINS, 0000 NATHAN R. * DENNES, 0000 PATRICK J. FARRELL, 0000 CAROLYN C. COLEMAN, 0000 NADINE A. * DENNIS, 0000 ADAM MICHAEL *FAULKNER, 0000 LADONNA WYATT * COLEMAN, 0000 JASON A. * DENSLEY, 0000 CHRISTIAN D. *FAUST, 0000 LAMONT A. * COLEMAN, 0000 THOMAS A. 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DISTASO, 0000 CHRISTOPHER R. FERRY, 0000 TERENCE J. * CONNOLLY, 0000 JODY L. * DIXON, 0000 SHYLON C. *FERRY, 0000 DANIEL E. * COOK, 0000 KIPLING B. DIXON, 0000 DANIEL M. FESLER, 0000 GERALD M. COOK, 0000 MATTHEW CHRISTOPHER * DIXON, 0000 TODD L. *FINE, 0000 HEATHER A. * COOK, 0000 PATRICE R. * DIXON, 0000 STEVEN A. FINO, 0000 JOSEPH COOK, 0000 MINH C. * DO, 0000 JACK D. FISCHER, 0000 KENNETH R. * COOK, 0000 THANG T. * DOAN, 0000 CATHERINE J. *FISHER, 0000 TODD W. COOK, 0000 JAMES M. * DOBBS, 0000 DAVID B. *FISHER, 0000 TRYON J. * COOK, 0000 RICHARD R. DODGE, 0000 SCOTT A. *FISHER, 0000 JASON C. COOKE, 0000 CHRISTOPHER Y. * DOGUET, 0000 SHAWN D. *FISHER, 0000 JASIN R. COOLEY, 0000 EDGAR M. DOMINGUEZ, 0000 MICHAEL B. *FITZPATRICK, 0000 DAVID L. * COOPER, 0000 ROBERT M. * DOMINGUEZ, 0000 JOHN R. *FLEMING, JR., 0000 PHILIP J. * COOPER, 0000 MICHAEL R. DONAGHY, 0000 LEIGH A. *FLETCHER, 0000 DAX CORNELIUS, 0000 JAMES B. * DONKIN, 0000 ADAM C. FLOOD, 0000 JOSHUA J. * CORNER, 0000 JEFFREY A. * DONNELL, 0000 CLARENCE L. *FLORY, JR., 0000 JASON E. * CORROTHERS, 0000 JOEL A. * DOPSON, 0000 STEVEN J. *FOLDS, 0000 DAVID A. * CORTEZ, 0000 SHERARD C. * DORROH, 0000 MORRIS M. FONTENOT, JR., 0000 LARRY M. * CORZINE, 0000 ANCIE E. * DOTSON III, 0000 ROUVEN M. FORBES, 0000 GERALD C. * COTTRILL, 0000 REBECCA SUE DOTY, 0000 JOHN T. *FORINO, 0000 BARRY W. COUCH, 0000 CHRISTOPHER F. DOUGHERTY, 0000 KRISTI L. FORINO, 0000 JOHN R. * COUSINS, 0000 MATTHEW A. * DOUGLAS, 0000 ROBERT A. FORINO, 0000 SHAWN C. COVAULT, 0000 ENRIQUE DOVALO, JR., 0000 GREGORY S. *FORMANSKI, 0000 WILLIAM K. * COWHERD, 0000 DARCENE R. * DOWLING, 0000 SCOTT W. *FORN, 0000 AARON S. * COWLEY, 0000 KEVIN S. DOWLING, 0000 CHARLES D. *FORRESTAL, 0000 JOHN R. * COX, JR., 0000 JONATHAN G. DOWNING, 0000 GREGORY D. *FOX, 0000 STEPHEN B. * COX, 0000 NATHANIEL S. DOWNING, 0000 KIMBERLY E. *FOX, 0000 JOHN A. * COY, 0000 BRADLEY C. DOWNS, 0000 STEFANIE M. FOX, 0000 JOHN C. COYLE, 0000 THEODORE R. * DOWNS, 0000 GALO A. *FRANCO, 0000 ERIK C. COYNE, 0000 DAVID T. * DOZIER, 0000 STEPHEN P. FRANK, 0000 RYAN M. * COYNE, 0000 MICHAEL R. DROWLEY, 0000 ALBERT E. *FRANKE IV, 0000 TRACY L. COYNE, 0000 DARON J. DROWN, 0000 DAVID M. *FRANKLIN, 0000 PETER N. * CRABTREE, 0000 ALLEN E. DUCKWORTH, 0000 JEFFREY G. *FRANTZ, 0000 DONNA L. B. CRAIN, 0000 ANTHONY W. DUDLEY, 0000 RICHARD C. *FREEMAN, 0000 DIALLO O. CREAL, 0000 EMORY H. * DUEITT, JR., 0000 WILLIAM C. FREEMAN, 0000 DEWAYNE J. CREAMER, 0000 NOLAN J. * DUFFIN, 0000 ROYCE C. *FRENGLE, 0000 MICHAEL A. * CREIGHTON, 0000 CHRISTOPHER J. * DUFFLEY, 0000 JESSE J. FRIEDEL, 0000 BRIAN H. CRISMORE, 0000 STEPHEN T. DUJMOVIC, 0000 KEITH D. *FRIEDMAN, 0000 KEVIN R. * CROCCO, 0000 JAMES S. * DUKE, 0000 MARK A. *FRIEND, 0000 RYAN L. * CROCKETTE, 0000 CRAIG L. DUMAS, 0000 ROY L. *FRIERSON II, 0000 JOHN M. * CRONIN, 0000 HEATHER M. * DUNLAP, 0000 JOHN C. FRIZZELL, JR., 0000 THOMAS C. * CROSSON, 0000 RONALD E. * DUNLAP III, 0000 LEAH R. *FRY, 0000 JEFFREY C. CROUSE, 0000 AARON M. * DUNN, 0000 WILLIAM F. FRY, 0000 MARGARET M. * CROWE, 0000 GRETA M. DUNN, 0000 WILLIAM J. FRY, 0000 CHRISTOPHER L. * CRUISE, 0000 LAFE M. * DUNN, 0000 ROBERT J. *FUDGE, 0000 KEVIN E. * CUBSTEAD, 0000 BLAKE T. * DUNNEGAN, 0000 ROY L. FULLER III, 0000 ROBERT A. CUELLAR, 0000 PAUL L. * DUPUIS, 0000 DOUGLAS E. *GAETA, 0000 CHRISTOPHER A. CULLENBINE, 0000 LAURA E. * DURR, 0000 DARRICK V. GALACGAC, 0000 KRISTIN S. CUMMINGS, 0000 SCOTT A. * DUTKUS, 0000 JOSEPH K. GALLAHAN, JR., 0000 TIMOTHY W. CUMMINS, 0000 RICHARD E. DWYER, 0000 ROGER D. *GALLAN, JR., 0000 JAMES H. CUNNINGHAM III, 0000 DAMON C. DYKES, 0000 OSCAR L. *GALLEGOS, JR., 0000 JEFFREY M. CUNNINGHAM, 0000 HARRY R. DYSON, 0000 GEORGE T. GALLOWAY, 0000 JOHN D. * CUNNINGHAM, 0000 MATTHEW E. * EAKINS, 0000 ALEJANDRO *GARCIA, JR., 0000 MELISSA S. CUNNINGHAM, 0000 LARRY L. * EARICK, 0000 BRADLEY E. J. GARCIA, 0000 WILLIAM M. * CURLIN, 0000 EVAN C. * EAST, 0000 JUAN F. *GARCIA, 0000

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BRIAN W. *GARINO, 0000 JENNIFER HAMMERSTEDT, 0000 RONALD A. * HOPKINS, 0000 STEPHEN D. *GARMON, 0000 JAMES K. * HAMMOND, 0000 LANCE A. * HOPPER, 0000 ELLIS E. GARNER, 0000 JAMES R. * HANAMEAN, JR., 0000 RORY T. * HORAN, 0000 TIMOTHY T. *GARRETSON, 0000 WILLIAM J. * HANBY, JR., 0000 CHRISTOPHER D. * HORNBURG, 0000 SOLOMON M. GARRETT IV, 0000 JOHN S. * HANCOCK, 0000 ALLEN J. HORSENS, 0000 JOHN A. *GARZA, 0000 JUSTIN A. HANSEN, 0000 MICHAEL L. * HORSEY, 0000 JAMES P. GATCH, 0000 HUGH S. * HANSENS, 0000 ROBERT A. * HORTON, 0000 TOMMY M. GATES III, 0000 JEREMY R. * HANSON, 0000 JASON D. HOSKINS, 0000 EMIL D. *GAWARAN, 0000 JOHN D. * HARBOUR, 0000 CATHERINE J. * HOWARD, 0000 FREDERICK K. *GEARHART, 0000 JAMES E. * HARBUCK, 0000 FRANCIS F. HOWARD, JR., 0000 THEODORE W. GEASLEY, 0000 JOHN M. HARDEE, 0000 JOSEPH M. HOWARD, 0000 PHILIP M. *GEELHOOD, 0000 EDWARD J. HARDER, 0000 MARK T. * HOWARD, 0000 DAVID L. *GEHRICH, 0000 NICHOLAS S. * HARDMAN, 0000 SCOTT J. HOWE, 0000 MARK W. GEHRINGER, 0000 JEFFREY C. * HARDY, 0000 TRICIA S. * HOWE, 0000 MATTHEW J. *GEHRKE, 0000 AGGA L. HAREN, 0000 JOHN P. * HOWELL, 0000 ALLEN J. *GEISLER, 0000 STEVEN L. * HAREN, 0000 ERIC J. * HOWLAND, 0000 ALLEN A. *GEIST, 0000 GRANT M. * HARGROVE, 0000 ERIC D. * HRESKO, 0000 TRAVIS N. *GEORGE, 0000 JAMES B. * HARLOW, 0000 MERNA H. H. HSU, 0000 CHRISTOPHER J. GERMANN, 0000 PAUL K. HARMER, 0000 VICTOR P. * HUBENKO, JR., 0000 JOHN M. GERST, 0000 DUANE F. * HARMON, 0000 DAVID A. * HUBER, 0000 OMMID J. *GHAEMMAGHAMI, 0000 GREGORY S. * HARMON, 0000 JAMES J. * HUBERT, 0000 DANIEL R. *GIACOMAZZA, 0000 JEREMY T. * HARMON, 0000 ODARO J. * HUCKSTEP, 0000 KEITH E. *GIBELING, 0000 MATTHEW T. * HARNLY, 0000 LERON D. HUDGINS, 0000 JAY S. GIBSON, 0000 THOMAS G. * HARRELL, 0000 GERALD J. * HUERTA, 0000 LORI N. *GIBSON, 0000 COREY W. HARRIS, 0000 BRYAN R. HUFFMAN, 0000 MATTHEW P. GIESE, 0000 JAMES D. HARRIS, JR., 0000 JAMES P. HUGHES, JR., 0000 TY S. *GILBERT, 0000 JOSE T. * HARRIS, 0000 JASON K. * HUMPHREY, 0000 ALFRED C. *GILES, JR., 0000 RICHARD G. * HARRIS, 0000 MICHAEL G. * HUNSBERGER, 0000 CECILIO A. *GILL, 0000 VANESSA * HARRIS, 0000 DON R. * HUNT, 0000 DANIEL P. GILLEN, 0000 WILLIAM D. * HARRISON, 0000 ANGELA F. * HUNTER, 0000 ROBERT W. *GILLILAND, 0000 BRETT W. * HARRY, 0000 EMILY E. * HUNTER, 0000 DANIEL E. GITHENS, 0000 JAMES A. HART, 0000 MATTHEW R. HUNTER, 0000 ANTONIO GIUSTINO, 0000 WILLIAM D. * HART, 0000 JOSEPH A. * HURD, 0000 RICHARD J. *GLADON, 0000 JAMES L. * HARTLE, 0000 STACY J. * HUSER, 0000 TED D. GLASCO, 0000 BRIAN S. HARTLESS, 0000 CHRISTOPHER G. HUTCHINS, 0000 CHARLES G. *GLASSCOCK, 0000 CHARITY A. HARTLEY, 0000 JEREMY J. * HUTCHINS, 0000 SEAN M. *GODFREY, 0000 SCOTT A. HARTMAN, 0000 KENGI A. * HUTCHINS, 0000 MICHAEL L. *GOERINGER, 0000 DANIEL N. HARVALA, 0000 JARED J. HUTCHINSON, 0000 JEFFREY L. GOGGIN, 0000 JAMES C. HARWOOD, 0000 VERONICA J. HUTFLES, 0000 MARTIN J. *GOLDEN, 0000 MICHAEL C. * HASS, 0000 DAVID B. * HUXSOLL, 0000 CHAD R. GOLDIZEN, 0000 BILLY E. * HASSELL, 0000 TIMOTHY L. HYER, 0000 JONATHAN S. *GOMES, 0000 TYLER E. HATCH, 0000 STEPHEN J. * HYLAND, 0000 JULIO M. *GOMEZ, 0000 MICHAEL S. * HAVARD, 0000 RICHARD W. * HYMAN, 0000 PAUL J. GOMEZ, JR., 0000 EDWARD W. * HAVENS, 0000 LATEEF M. * HYNSON, 0000 JOHN F. GONZALES, 0000 DARRIN L. * HAWKINS, 0000 JAVIER M. IBARRA, 0000 ANTONIO J. *GONZALEZ, 0000 NATASHA R. * HAWKINS, 0000 ANN M. IGL, 0000 MARC A. *GONZALEZ, 0000 JAMES M. * HAWLEY, 0000 CHADWICK D. IGL, 0000 ALLEN W. *GOODWIN, 0000 DOUGLAS P. * HAYES, 0000 RYAN J. * INMAN, 0000 JASON C. GOODWIN, 0000 STEVEN L. * HAYNES, 0000 DEREK G. * INNARELLI, 0000 ROBERTA B. GOODWIN, 0000 KARAMO D. HAYWARD, 0000 AMY L. IRELAND, 0000 DAVID J. *GORDON, 0000 SCOTT H. * HAZZARD, 0000 DAVID J. IRVIN, JR., 0000 KEVIN P. *GORDON, 0000 JENNIFER T. S. HEALY, 0000 PAUL A. ISRAEL, 0000 RUSSELL J. GORECKI, 0000 TRACY L. 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GUENTHER, 0000 TAMMY S. * HINSKTON, 0000 GARETH E. * JOHNSON, 0000 CAMILO GUERRERO, 0000 ADISA A. * HINTON, 0000 GEORGE W. * JOHNSON, JR., 0000 JULIO *GUERRERO, 0000 BRIAN E. * HIPPEL, 0000 GREGORY A. JOHNSON, 0000 EMMANUEL V. *GUEVARRA, 0000 MARK A. * HIRSELJ, 0000 JEFFREY J. * JOHNSON, 0000 RYAN J. *GULDEN, 0000 RYEN S. * HITZLER, 0000 KENNETH C. * JOHNSON, 0000 GARRETT L. GULISH, 0000 KEVIN R. * HOBBS, 0000 KILE W. *JOHNSON, 0000 KEITH D. GURNICK, 0000 ANDREW R. HODGES, 0000 LAURA E. *JOHNSON, 0000 JOEL D. *GUSSY, 0000 WALTER R. HODGES, 0000 MARK D. *JOHNSON, 0000 YASHUA WILLIAM *GUSTAFSON, 0000 HARLAN K. * HODGSON, 0000 MELISSA A. *JOHNSON, 0000 JOSE A. *GUTIERREZ, 0000 DARIN L. HOENLE, 0000 PHILLIP K. JOHNSON, 0000 BRIAN C. GWINNUP, 0000 ROBERT J. HOERITZ, JR., 0000 CAREY J. *JONES, 0000 DAVID A. *GWISDALLA, 0000 ERIK K. HOFFMAN, 0000 JAMES A. JONES, 0000 PHILIP LUTHER *HAAR, 0000 LISA L. * HOFFMAN, 0000 JOSEPH R. *JONES, 0000 ALEXANDER J. HADDAD, 0000 SCOTT R. * HOFFMAN, 0000 KEITH W. JONES, 0000 ADRIAN C. *HAGEMAN, 0000 GREGORY G. * HOFFMANN, 0000 STEPHEN R. JONES, 0000 SEAN W. *HAGLUND, 0000 RONALD P. * HOFFMEYER, 0000 TERRENCE M. JOYCE, 0000 ALLISON M. HAHN, 0000 JEFFREY A. HOGAN, 0000 JASON M. JULIANA, 0000 BRIAN S. *HAINES, 0000 CHRISTOPHER M. * HOGUE, 0000 ERIC L. JURGENSEN, 0000 DAX R. *HAIR, 0000 DAWN Q. HOKAJ, 0000 ANDREA M. *JUSTICE, 0000 MARKUS P. *HALBRITTER, 0000 MARIA C. HOLBROOK, 0000 REGINALD W. *KABBAN, 0000 DEDE S. *HALFHILL, 0000 CHRISTOPHER L. * HOLLINGER, 0000 SCOTT L. *KADAR, 0000 CLARK D. *HALL, 0000 DAVID N. HOLLOMAN, 0000 BLAIR I. KAISER, 0000 DAVID S. *HALL, 0000 MICHAEL W. * HOLMES, 0000 CHRISTOPHER P. *KAISER, 0000 JAMES B. HALL, 0000 TONY D. * HOLMES, 0000 JAMES E. KAJDASZ, 0000 JAMES C. HALL, 0000 JOHN D. * HOLST, 0000 JON J. KALBERER, 0000 RYAN C. HALL, 0000 THOMAS J. * HOLTS, 0000 JONATHAN E. *KARNES, 0000 SARAH L. *HALL, 0000 GARY T. * HONSINGER, 0000 JASON B. *KARREN, 0000 HUGH G. * HAMILTON III, 0000 BRYAN K. * HOOPER, 0000 LAWRENCE C. *KARVER, JR., 0000 JOHNNY L. * HAMILTON, 0000 JOSEPH E. HOPKINS, 0000 CHAD C. KASCHAK, 0000

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6069

DEREK J. KECK, 0000 TIMOTHY R. *LAWRENCE, 0000 EDWARD W. MARSH, 0000 MICHAEL A. *KEEFE, 0000 ANTHONY W. *LEARNED, 0000 LETITIA A. C. * MARSH, 0000 DON C. *KEEN, 0000 DAVID A. LEE, 0000 RICHARD A. MARSH, 0000 KEVIN A. KEENE, 0000 GAIL MARIE *LEE, 0000 EDWARD E. * MARSHALL, 0000 ERIKA D. *KELLEY, 0000 MUN K. *LEE, 0000 JAMES E. * MARSHALL, 0000 MARY F. *KELLYHORNING, 0000 WILLIAM M. LEE, JR., 0000 JOHN A. * MARTIN, 0000 JOHN P. *KELLY, 0000 WINSTON S. W. *LEE, 0000 MARGARET C. MARTIN, 0000 ROBERT H. KELLY, 0000 ROBERT S. *LEEDS, JR., 0000 MARK L. * MARTIN, 0000 CHARLES O. *KELM, 0000 CHRISTINE FALAVOL *LEGAWIEC, 0000 SEAN P. MARTIN, 0000 BURL E. *KELTON III, 0000 PHILLIP A. *LEGG, 0000 MARTIN A. MARTINEZ III, 0000 FRANK J. *KENNEDY, 0000 BRIAN A. *LEIBUNDGUTH, 0000 MICHAEL A. MARTINEZ, 0000 WILLIAM T. *KENNEDY, 0000 TRAVIS K. LEIGHTON, 0000 SARAH E. MARTINEZ, 0000 JOHN A. KENT IV, 0000 PATRICK E. *LEMIEUX, 0000 JOSEPH A. * MARTUCCI, 0000 KRISTEN L. KENT, 0000 JUSTIN A. *LEMIRE, 0000 GREGORY A. * MARTY, 0000 SEAN C. G. *KERN, 0000 MATTHEW J. LENGEL, 0000 JACQUELINE S. * MARTYNDOW, 0000 JEFFREY W. *KERNEKLIAN, 0000 MICHAEL A. LENHART, 0000 MARK A. * MARUS, 0000 DENISE A. *KERR, 0000 DAVID M. LERCHER, 0000 JOSHUA O. MASKOVICH, 0000 JOHN R. *KERR, 0000 JONATHAN B. *LESLIE, 0000 JESSICA A. * MASSEY, 0000 G. SUNDRI K. *KHALSA, 0000 GREGORY M. LETENDRE, 0000 LEE A. * MASZTAK, 0000 MUHAMMAD S. *KHAN, 0000 STEVE J. *LEVE, 0000 RAY P. * MATHERNE, 0000 SHAYNE K. KIEFER, 0000 CICELY R. LEVINGSTON, 0000 STEPHEN B. MATTHEWS, 0000 STEPHEN R. *KIFER, 0000 BRIAN C. *LEWIS, 0000 RYAN P. MATTSON, 0000 DWAYNE R. *KILLEBREW, 0000 NIKO S. LEWIS, 0000 ROBERT E. * MAXWELL, JR., 0000 EDWIN J. *KILPATRICK, 0000 AMAR Q. LIANG, 0000 CHRISTOPHER C. * MAY, 0000 THOMAS A. *KILROY, 0000 EDWARD J. *LIBERMAN, 0000 CHRISTOPHER J. * MAY, 0000 ANGELA Y. *KIM, 0000 ROBERT A. *LIGHT, 0000 DAVID W. * MAY, 0000 LARRY D. *KIMBRELL, JR., 0000 GAR J. *LIGHTNER, 0000 MATTHEW L. * MAY, 0000 CAROL J. *KINCH, 0000 KENJI *LIGON, 0000 MICHAEL A. * MAYO, 0000 BRETT A. KING, 0000 JOANNA L. *LIMBACHER, 0000 SCOTT H. MAYTAN, 0000 CHRISTOPHER J. *KING, 0000 DALE D. *LINAFELTER, 0000 DAVID J. * MAZZARA, 0000 DANIEL R. KING, 0000 DEREK M. LINCOLN, 0000 KEVIN J. * MCADOO, 0000 HOWARD D. *KING, 0000 TODD M. LINDELL, 0000 DENISE A. * MCALLISTER, 0000 JONATHAN D. KING, 0000 STEVEN C. *LINDMARK, 0000 JAMES G. * MCARTHUR, 0000 LUTHER L. *KING, 0000 GREGORY A. *LINDSEY, 0000 TRACI ANN * MCCABE, 0000 ROBERT E. *KING, JR., 0000 JASON E. *LINDSEY, 0000 WILLIAM C. * MCCALLUM, 0000 JEFF C. *KINGSLEY, 0000 JOHN F. *LINGELBACH, 0000 GARY M. * MCCARRA, 0000 SHANE L. *KINKAID, 0000 RYAN A. LINK, 0000 CHRISTOPHER J. MCCARTHY, 0000 GEORGE B. *KINNEY III, 0000 MATTHEW D. LINNELL, 0000 DAVID L. * MCCLEESE, 0000 JAMES B. *KINNIBURGH, 0000 LOREEN L. *LISLE, 0000 GERROD * MCCLELLAN, 0000 AARON M. *KINSER, 0000 ZACHARY J. *LISTER, 0000 MICHAEL R. * MCCLURE, 0000 JASON T. *KIRBY, 0000 GRAHAM *LITTLE, 0000 PAUL F. * MCCLUSKEY, 0000 STEVEN M. *KIRCHMYER, 0000 VINCENT R. *LITTRELL, 0000 DANA C. * MCCOMMON, 0000 PAUL H. *KIRK, 0000 IAN C. *LIVINGSTON, 0000 PATRICIA M. * MCCORMACK, 0000 WESLEY D. *KIRK, 0000 STUART A. *LLOYD, 0000 JIRO B. MCCOY, 0000 DONALD R. *KIRKLAND, JR., 0000 STEVEN W. LO, 0000 ALAN P. MCCRACKEN, 0000 DAVID C. *KIRKMAN, 0000 MICHAEL S. LOCK, 0000 BRIAN MCCRAY, 0000 CARYN L. *KIRKPATRICK, 0000 MATTHEW E. *LOCKWOOD, 0000 WILLIAM J. MCCRINK III, 0000 ROBERT C. *KITCHEN, 0000 JOHN D. *LOFTIS, 0000 MICHAEL F. * MCCULLOUGH, JR., 0000 ERIK A. KJELLBERG, 0000 RYAN W. LOGAN, 0000 CHRISTOPHER J. * MCDANIEL, 0000 PAUL E. KLADITIS, 0000 SCOTT W. LOGAN, 0000 MICHAEL P. 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KOZUCH, 0000 KRISTI LOWENTHAL, 0000 KEVIN J. MCGOWAN, 0000 JUSTIN R. *KRAFT, 0000 DEVEN J. *LOWMAN, 0000 JOHN P. * MCGREGOR, 0000 MICHAEL S. *KRAUSS, 0000 SAMUEL R. *LOWRANCE, 0000 CHARLES M. * MCHUGH, 0000 KURT F. KREMSER, 0000 THOMAS E. *LOYD III, 0000 THOMAS C. MCINTYRE, 0000 VINCENT M. KREPPS, 0000 ANGEL L. *LOZADA, 0000 MARK L. * MCKAMEY, 0000 RYAN R. *KRIETSCH, 0000 CHRISTOPHER L. LUCAS, 0000 SEAN A. * MCKAY, 0000 ANDREA D. *KRINGLE, 0000 MICHAEL W. *LUCAS, 0000 DERRY S. MCKINNEY, 0000 JENNIFER M. *KROLIKOWSKI, 0000 STEPHEN J. LUCAS, 0000 SCOTT A. MCLAREN, 0000 CHRISTOPHER L. KROSSCHELL, 0000 DANIEL L. LUCE, 0000 MATTHEW R. * MCLAUGHLIN, 0000 LISA *KRUGER, 0000 JOHN R. LUDINGTON III, 0000 ROBERT N. * MCLAUGHLIN, 0000 JAY F. *KUCKO, 0000 GEORGE C. * LUGO, 0000 MARK R. * MCLOUTH, 0000 TERENCE Y. KUDO, 0000 ANTHONY A. * LUJAN, 0000 JACOB C. MCMANUS, 0000 THOMAS M. *KUHN, JR., 0000 KEVIN K. * LUKA, 0000 ANDRE A. 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LAFLEUR, 0000 CHRISTOPHER D. * MACLEAN, 0000 GEORGE E. * MELLIZA, 0000 ELVIRA Y. LAFORTUNE, 0000 DONALD R. * MACLEOD III, 0000 WILLIAM K. * MELVIN, 0000 EDWARD J. *LAGERMAN, 0000 JOSEPH A. * MACRI, 0000 MICHAEL J. * MENCH, 0000 CHARLES S. *LAING, 0000 CURTIS J. MADELEY, 0000 MICHAEL J. * MENDENHALL, 0000 JEFFREY T. *LAKEY, 0000 RAYMOND A. * MADRID, 0000 RICHARD S. * MENDEZ, 0000 DAT V. *LAM, 0000 LESLIE A. * MAHER, 0000 TODD L. * MENIE, 0000 ANTHONY *LAMAR, 0000 APRIL D. * MAJOR, 0000 CHRISTOPHER E. MENUEY, 0000 ROBERT C. LANDIS, JR., 0000 NICOLE M. E. MALACHOWSKI, 0000 JASON M. * MERCER, 0000 JOSHUA A. *LANE, 0000 DAVID N. * MALAKOFF, 0000 ANDREW J. * MERKLE, 0000 SHAWN T. LANE, 0000 MARK A. MALAN, 0000 MICHAEL L. * MERRITT, 0000 RANDOLPH N. *LANGER, 0000 TIMOTHY A. * MALCHOW, 0000 STEPHEN A. * MERROW, 0000 TAMMIELI *LANGLEY, 0000 MICHAEL E. MALLEY, 0000 DAVID S. MERTENS, 0000 CHRISTOPHER M. LANIER, 0000 CHRISTOPHER L. MALLORY, 0000 AARON P. * METZ, 0000 JEFFREY D. *LANPHEAR, 0000 JOHN ALLEN * MALPASS, 0000 CHARLES J. METZGAR, 0000 CHRISTOPHER E. LANTAGNE, 0000 TRENTON J. * MALY, 0000 JILL M. * METZGER, 0000 KEN M. LANTAGNE, 0000 FRANCHESCA J. MALZAHN, 0000 TIMOTHY J. * MEWES, 0000 STEVEN K. *LANZ, 0000 PAUL A. MANCINELLI, 0000 JOSHUA W. * MEYER, 0000 CHARLES W. *LAPPE, 0000 JOHN G. MANGAN, 0000 ERIC A. MICAI, 0000 CLEMENTE E. LARA, JR., 0000 ELGIN B. * MANIGO, 0000 STEPHEN A. * MICHAEL, 0000 JON E. *LARSEN, 0000 MICHAEL P. MANION, 0000 WILLIAM T. * MICHAEL, 0000 ERIC C. LARSON, 0000 KIDD J. * MANVILLE, 0000 NICHOLAS J. * MICHALSKI, 0000 GREGORY M. LASSERE, 0000 MATTHEW A. * MARANO, 0000 DAVID M. MICHAUD, 0000 TISHA L. *LATHAN, 0000 STEVEN R. * MARIN, 0000 KENNETH E. * MIERZ, 0000 DALE A. *LATHROP, 0000 DANIEL L. MARINE, 0000 JASON D. * MILLARD, 0000 MIKKO R. *LAVALLEY, 0000 CRAIG A. * MARION, 0000 RYAN J. * MILLAY, 0000 PATRICK J. LAVERTY, 0000 GAVIN P. MARKS, 0000 BRAD M. * MILLER, 0000 SEAN M. *LAVIGNE, 0000 RICHARD M. * MARNIN, JR., 0000 DAVID A. * MILLER, 0000 CHARLIE L. LAW, 0000 RYAN P. * MARR, 0000 DEREK R. MILLER, 0000

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GARY A. * MILLER, 0000 LESTER N. *OBERG III, 0000 RYAN D. PORTERFIELD, 0000 KEVIN D. * MILLER, 0000 KIMBERLY A. OBERST, 0000 WILLIAM S. POTEET, 0000 MARK W. * MILLER, 0000 PATRICK H. *OBRIEN, 0000 GREGORY T. POUND, 0000 PATRICK M. * MILLER, 0000 THOMAS A. OBROCHTA, 0000 MICHAEL P. *PREMO, 0000 PAUL M. * MILLER, 0000 PATRICK J. OBRUBA, 0000 MICHAEL D. *PRESNAR, 0000 STEPHEN C. MILLER, 0000 NICHOLAS J. *ODELL, JR., 0000 GINA L. *PREVETT, 0000 ANTHONY J. MIMS, 0000 JEFFERSON JAMES *ODONNELL, 0000 STEVEN C. *PRIEST, 0000 ROBERT E. * MIMS, 0000 RYAN J. *OGAN, 0000 MARCUS C. PRINCE, 0000 GLEN A. * MINGEE, 0000 SCOTT A. OGLEDZINSKI, 0000 ANTHONY J. PRINCIPI, 0000 REGINALD D. MINTON, 0000 THEODORE G. *OGLESBEE, 0000 PHILIP D. *PRINCIPI, 0000 SCOTT A. * MINTON, 0000 GREGORY T. *OGOREK, 0000 CAMERON S. PRINGLE, 0000 JEANNETTE E. * MISMAS, 0000 JEFFREY A. OGRADY, 0000 ELBERT R. *PRINGLE II, 0000 CHRISTOPHER L. MITCHELL, 0000 DANIEL JL *OLMSTEAD, 0000 MICHAEL J. *PRODELINE, 0000 ERIC A. MITCHELL, 0000 PETER F. *OLSEN, 0000 MARK P. PRODEN, 0000 ROBERT K. * MITCHELL, 0000 ROBERT N. OLSON, 0000 CHRISTOPHER T. *PROTT, 0000 MARK W. MITCHUM, 0000 SHERWOOD L. *OLSON, 0000 SCOTT C. *PUKAY, 0000 JOHN S. MIZELL, 0000 DEREK J. OMALLEY, 0000 CRAIG A. PUNCHES, 0000 MATTHEW R. * MODARELLI, 0000 CHRISTOPHER N. *OMDAL, 0000 DONALD D. *PURDY, 0000 PATRICK B. * MONAHAN, 0000 JEFFRY S. *ONAN, 0000 MATTHEW D. *PURSIFULL, 0000 ERIC T. * MONICO, 0000 DAVID R. *ONEIL, 0000 ERIN P. PYLE, 0000 BRIAN R. * MONTGOMERY, 0000 TRACY L. *ONUFER, 0000 ADAM M. *QUALE, 0000 RUBEN A. * MONTOYA, 0000 ARVID E. *OPRY, 0000 JEREMY D. QUATACKER, 0000 ERIC R. * MOOMEY, 0000 JOHN T. ORCHARD, JR., 0000 JASON M. *QUIGLEY, 0000 ARGIE S. * MOORE, 0000 TRACY L. *ORFIELD, 0000 MARCIA L. *QUIGLEY, 0000 BRANDON M. * MOORE, 0000 KENYON S. *ORME, 0000 PAUL R. *QUIGLEY, 0000 BRIAN R. MOORE, 0000 ROBIN E. ORTH, 0000 MICHAEL J. *QUIJANO, 0000 JEFFREY L. * MOORE, 0000 JILL H. *ORTIZ, 0000 MARC A. *QUILLEN, 0000 TIMOTHY J. * MOORE, 0000 MICHAEL A. *ORTIZ, 0000 JOSEPH A. *QUINN, 0000 TODD M. MOORE, 0000 OLIVO VILMA E. ORTIZ, 0000 LOUIS *QUINN, 0000 TODD R. MOORE, 0000 VERNON L. *OSBORNE, 0000 ARISTOTLE H. *RABANAL, 0000 VASHON D. * MOORE, 0000 PATRICK M. *OSULLIVAN, 0000 MICHAEL E. *RADLE, 0000 ERIC P. MORAES, 0000 SHERYL A. E. OTT, 0000 GARY B. RAFNSON, 0000 MARCELO MORALES, 0000 JOSEPH T. OTTO, 0000 JUNAID M. *RAHMAN, 0000 IAN P. MORENO, 0000 MATTHEW T. *OUDING, 0000 NICOLE D. *RAHMER, 0000 BENJAMIN J. * MORGAN, 0000 RACHEL R. OUELLETTE, 0000 ANDREA K. RAMBAROSE, 0000 CHAD M. MORGAN, 0000 THOMAS R. OWEN, 0000 MARC J. *RAPHAEL, 0000 HOWARD J. * MORGAN, 0000 NATHAN L. OWENDOFF, 0000 BRANDON L. RASMUSSEN, 0000 JONATHAN J. * MORGAN, 0000 ANTHONY J. *OWENS, 0000 REID F. RASMUSSEN, 0000 SHAWN D. MORGENSTERN, 0000 DAVID L. OWENS, 0000 STEVEN A. *RASPET, 0000 RICHARD N. * MORNEAU, 0000 ERIK W. OWENS, 0000 SEAN M. RASSAS, 0000 BARRETT L. * MORRIS, 0000 JOSEPH A. *PABALAN, 0000 CHRISTOPHER R. RATIGAN, 0000 LANNY J. * MORRIS, 0000 JULIAN L. PACHECO, 0000 BRETT A. RAWALD, 0000 MADISON L. MORRIS, 0000 MARC L. *PACKLER, 0000 SAMANTHA D. *RAY, 0000 MICHAEL D. * MORRISON, 0000 DOMENIQUE J. *PAGAN, 0000 TOMMY L. *RAY, 0000 SCOTT A. MORRISON, 0000 JEFFERY R. *PAGET, 0000 KIRK L. REAGAN, 0000 DAVID R. * MORROW, 0000 KARIE K. *PAHIA, 0000 THOMAS W. *REAGAN, JR., 0000 JOHN A. MORSE, JR., 0000 PAUL E. *PAIM, 0000 DAVID R. *REASLAND, JR., 0000 KEVIN S. * MORTENSEN, 0000 STEPHEN C. PAINE, 0000 TIMOTHY E. *REBURN, 0000 DARRYL E. * MOSLEY, 0000 DARREN A. PALADINO, 0000 JOHN H. *REDFIELD, 0000 KALE M. MOSLEY, 0000 BRIAN K. *PALERMO, 0000 JONATHAN B. *REED, 0000 ERIC J. *MOTTICE, 0000 SUKIT T. PANANON, 0000 NICHOLAS J. REED, 0000 WILLIAM K. *MOUNTCASTLE, 0000 JOSEPH M. *PANKEY, 0000 EVETTE *REES, 0000 ERIC A. MULERT, 0000 DANIEL K. *PANKRATZ, 0000 MICHAEL T. REESE, 0000 CARL R. *MULLEN II, 0000 TIMOTHY J. *PANZER, 0000 THOMAS J. *REGEN, 0000 ANTHONY J. *MULLINAX, 0000 WILHELMINA J. *PANZER, 0000 RICHARD F. *REICH, JR., 0000 DAVID A. *MUNDRICK, 0000 CHARLES N. *PARADA, 0000 ANDREW L. *REID, 0000 ALAN J. *MUNDY, 0000 CEASAR M. *PARAZO, 0000 GERARD J. *REIDY, 0000 SANTOS O. *MUNOZ, 0000 BRIAN D. PARDEE, 0000 CURTIS P. *REINHART, 0000 JAMES R. *MUNROE, 0000 BRANDON D. PARKER, 0000 THOMAS G. *RENWICK, 0000 ELIZABETH A. *MURCHISON, 0000 KEVIN L. PARKER, 0000 RANDY M. *RESCH, 0000 JORDAN E. *MURPHY, 0000 TIMOTHY T. *PARKER, 0000 AARON R. *RESSLER, 0000 JULIA A. *MURRAY, 0000 WILLIAM M. *PARKER, 0000 JONATHAN A. REYES, 0000 MARK W. MURRAY, 0000 MICHAEL DAVID *PARRISH, 0000 GONZALO REYNA, 0000 SEAN C. *MURRAY, 0000 MARCO J. PARZYCH, 0000 SILVANO E. *REYNOSO, JR., 0000 JOSEPH A. MUSACCHIA, 0000 CHAD P. *PATE, 0000 KIMBERLY P. *RHOADES, 0000 THOMAS M. *MUSTICO, 0000 MARK A. *PATOKA, 0000 PAUL D. G. RIBEIRO, 0000 PATRICIA A. *MUTH, 0000 JARED B. *PATRICK, 0000 CHARLES A. *RICE, 0000 HARRY D. *MYERS, 0000 KEVIN J. PATRICK, 0000 MICHAEL R. *RICH, 0000 MICHAEL M. NACHSHEN, 0000 JAMES G. *PATTERSON, 0000 DANIEL R. *RICHARDS, JR., 0000 STACEY N. *NADER, 0000 MICHAEL S. PATTERSON, 0000 KENNETH G. *RICHARDS, 0000 WADITH S. *NADER, 0000 RICHARD W. *PATTERSON, 0000 STEVEN L. *RICHARDS, 0000 VINOD D. NAGA, 0000 TARA J. *PATTERSON, 0000 BLAKE E. RICHARDSON, 0000 SCOTT J. *NAHRGANG, 0000 WALDEMAR B. *PAWLOWSKI, 0000 STEVEN E. *RICKENBACHER, 0000 KEVIN R. *NALETTE, 0000 CARRIE G. PEDERSEN, 0000 JAMES W. *RICKMAN, 0000 RICHARD J. *NAMETH, 0000 JAMES D. PEDERSEN, 0000 BRIAN L. *RICO, 0000 ANDRES R. *NAZARIO, 0000 DAVID L. *PEEK, 0000 DALE A. RIEDEL, 0000 LATIMER B. NEAL IV, 0000 PAUL E. *PENDLETON, 0000 ROBERT B. *RIEGEL, 0000 MOLLIE A. *NEAL, 0000 DEVIN R. *PEPPER, 0000 KIRK L. *RIGGS, 0000 MONROE *NEAL, JR., 0000 THOMAS M. *PERALTA, 0000 JONATHAN *RILEY, 0000 ROBERT S. *NEIPER, 0000 DAVID D. *PEREZ, 0000 MICHAEL P. RILEY, 0000 ERIC B. NELSON, 0000 RITA C. PEREZ, 0000 STEPHEN E. *RINEHART, 0000 MARK R. *NELSON, 0000 RICHARD A. *PERRON, JR., 0000 GLENN A. RINEHEART, 0000 PETER M. *NELSON, 0000 DEBRA A. *PERRY, 0000 MATTHEW G. RIPPEN, 0000 RAYMOND P. *NELSON, 0000 MICHAEL J. *PERRY, 0000 KEVIN *RIPPLE, 0000 WILLIAM C. *NELSON, JR., 0000 JERALD K. *PERRYMAN, 0000 PATRICK A. *RITCHIE, JR., 0000 CHRISTOPHER J. NEMETH, 0000 TIMOTHY E. *PERTUIS, 0000 KATE RITZEL, 0000 SHELLY C. *NENTWIG, 0000 JOSEPH P. PESTANA, 0000 SCOTT M. *RITZEL, 0000 JENNIFER L. *NEVIUS, 0000 BRIAN A. PETE, 0000 ANTHONY A. RIVERA, 0000 MARK J. *NEWBILL, 0000 ELISA BETH JOHNSEN *PETERS, 0000 FRANCISCO *RIVERA, 0000 NEAL NEWELL III, 0000 CORBETT M. *PETERSON, 0000 JUAN CARLOS *RIVERA, 0000 JULIE S. *NEWLIN, 0000 LANCE E. *PETERSON, 0000 CHAD ROBBINS, 0000 MICHAEL S. NEWSOM, 0000 EDWARD F. PETKA, JR., 0000 THOMAS R. *ROBBINS, 0000 JEFFERY B. *NEWTON, 0000 MATTHEW W. *PETRO, 0000 TODD A. ROBBINS, 0000 STEWART H. *NEWTON, 0000 ORVAL E. *PHELPS, 0000 DANIEL K. ROBERTS, 0000 BACH X. *NGUYEN, 0000 BRIAN K. *PHILLIPPY, 0000 JASON N. *ROBERTS, 0000 JAMES P. *NICHOL, 0000 BRIAN S. *PHILLIPS, 0000 RANDALL L. ROBERTS, 0000 PAUL S. *NICHOLS, 0000 CRAIG J. PHILLIPS, 0000 RICHARD J. *ROBERTS, 0000 JAMES B. *NICHOLSON, JR., 0000 DANIEL WADE *PHILLIPS, 0000 THEODORE G. ROBERTS, 0000 MATTHEW J. NICHOLSON, 0000 EDWARD P. PHILLIPS, 0000 ROBERT J. *ROBESKI, 0000 DANIEL S. NIELSEN, JR., 0000 JEFFREY E. *PHILLIPS, 0000 MICHAEL E. *ROBIDOUX, 0000 BETTY LOU *NIESET, 0000 MELISSA K. PHILLIPS, 0000 CHRISTOPHER P. *ROBINSON, 0000 JEFFREY M. *NISHIKAWA, JR., 0000 STEPHEN E. *PHILLIPS, 0000 DAVID J. *ROBINSON, 0000 PAUL W. *NIX, 0000 KENNETH R. *PICHA, 0000 DEREK A. *ROBINSON, 0000 TERI R. *NOFFSINGER, 0000 ALLEN A. PICHON, 0000 JEFFREY D. ROBINSON, 0000 DAVID J. *NOLAN, 0000 MICHAEL S. *PINKSTAFF, 0000 JON T. *ROBINSON, 0000 JONATHAN P. NOLAN, 0000 STEPHEN P. PIRNER, 0000 MARK S. ROBINSON, 0000 BRIAN D. *NOPPER, 0000 CURTIS L. PITTS, 0000 KEVIN G. *ROBLING, 0000 MARCUS J. *NORTH, 0000 JOSEPH B. *PITZER, 0000 MICHAEL F. *ROBOHN, 0000 BOBBY L. NORTHERN, JR., 0000 JAMISON F. *PIXLEY, 0000 KEITH P. *ROCKOW, 0000 PETER M. *NORTON, 0000 MATTHEW R. *PIXLEY, 0000 ROMULO R. *RODAS, 0000 JOHN M. *NOTTESTAD, 0000 JON E. PLASTERER II, 0000 FRANCISCO E. *RODRIGUEZ, 0000 TAMMIE L. *NOTTESTAD, 0000 WILLIAM C. *POLSON, 0000 DANIEL A. *ROESCH, 0000 RYAN M. NOVAK, 0000 JAMES J. *POND, 0000 DARRELL T. *ROGERS, 0000 DAVID B. *NOVY, 0000 HANS M. *POOLE, 0000 MICHAEL S. *ROONEY, 0000 ABEL S. *NUNEZ, 0000 JAI R. POPE, 0000 JEFFREY T. *ROSA, 0000 JOHN G. *NYGAARD, 0000 SERGIO A. *PORRES, 0000 MIGUEL *ROSALES, JR., 0000 RANDY P. OAKLAND, 0000 JASON B. PORTER, 0000 RUSSELL B. ROSLEWSKI, 0000

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STEVEN M. ROSS, 0000 JAMES A. SIMONDS, 0000 BRETT J. * SWEETMAN, 0000 JACOB J. A. ROSSER, 0000 ROBERT M. SIMPSON, 0000 DAVID C. * SWENSON, 0000 MARLYCE K. *ROTH, 0000 CHRISTOPHER J. SIMS, 0000 BRIAN M. SWYT, 0000 SCOTT A. ROTHERMEL, 0000 CLARENCE G. *SINGLETON, JR., 0000 HAZEL C. * SYNCO, 0000 BARNABUS M. *ROUNDTREE, 0000 MICHAEL A. SINKS, 0000 JOSEPH B. SZUCS, 0000 BRYAN J. *ROUNDTREE, 0000 ADAM R. SITLER, 0000 PETER A. * TACY III, 0000 ANDY H. ROWE, 0000 BRIAN C. * SITLER, 0000 ERIC J. * TALCOTT, 0000 MATTHEW C. *ROWLAND, 0000 VINCENT RICHARD * SIWICKI, 0000 RANDLE W. TANKERSLEY, 0000 JAMES W. ROY III, 0000 WILLIAM T. SKEETERS, 0000 CHARLES S. TAPP II, 0000 GIULIANO J. *RUBINI, 0000 DALE B. * SKINNER, 0000 RICHARD W. * TARBOX, 0000 JASON B. RUDD, 0000 ROXANNE R. SKINNER, 0000 DANIEL T. * TARLETON, 0000 WENDY B. *RUFFNER, 0000 MARK W. SLATON, 0000 CHRISTOPHER S. * TARRANT, 0000 RICHARD D. *RUIZ, 0000 DANNY A. * SLIFER, 0000 ROY F. * TARTARO, 0000 TODD D. *RUPRIGHT, 0000 JEREMY C. * SLOGER, 0000 TREVOR S. * TASIN, 0000 RADOSLAW RUSEK, 0000 SABINE * SLOVER, 0000 RASHONE J. * TATE, 0000 MEG E. *RUSSELL, 0000 DAVID P. * SLYE, 0000 DAVID T. * TATRO, 0000 ROBERT B. RUSSELL, 0000 JOHN P. SMAIL, 0000 AARON T. TAYLOR, 0000 RODNEY M. RUSSELL II, 0000 CRAIG M. * SMALLS, 0000 ANGELA G. * TAYLOR, 0000 MICHAEL W. *RYAN, 0000 MICHAEL S. * SMID, 0000 CHARLES M. * TAYLOR, 0000 RICHARD L. *RYNEARSON, 0000 BRYAN J. * SMITH, 0000 DAMON D. * TAYLOR, 0000 SHANE C. *SAARI, 0000 DAN W. * SMITH, 0000 DONYE J. TAYLOR, 0000 F. TERRANCE SAFFORLD, 0000 DOUGLAS C. * SMITH, 0000 JONATHAN B. TAYLOR, 0000 JOEL W. SAFRANEK, 0000 GORDON B. SMITH, 0000 KATRINA A. TAYLOR, 0000 BRIAN DARNELL *SALLEY, 0000 JESSE C. SMITH, 0000 NEIL P. * TAYLOR, 0000 JUSTIN P. *SALTER, 0000 JIMMY L. * SMITH, 0000 RALPH E. * TAYLOR, JR., 0000 ASSAD *SAMAD, 0000 LAVINIA * SMITH, 0000 JAMES L. * TECHAM, 0000 CHARLES S. SAMMONS, 0000 MICHAEL Z. * SMITH, JR., 0000 JASON A. TELLEZ, 0000 BURNETT JOHN G. SAMUEL, 0000 RANDY M. * SMITH II, 0000 KRISTEN A. * TEMPLET, 0000 JUAN S. SANCHEZ, 0000 SAMUEL D. * SMITH, 0000 MONA A. TENORIO, 0000 RODERICK I. *SANTULAN, 0000 SAMUEL J. * SMITH, 0000 JASON B. TERRY, 0000 FREDERICK M. *SAPP, 0000 SCOTT W. SMITH, 0000 CHAD R. * TESKE, 0000 JOHN C. SAPP, 0000 STEVEN M. * SMITH, 0000 CARL P. * TESTA, 0000 GINO *SARCOMO, 0000 SUSANA C. * SMITH, 0000 BRIAN C. * THILL, 0000 ANTHONY J. *SARICA, 0000 TAMARA A. SMITH, 0000 BRIAN G. THOMAS, 0000 JON M. *SAUL, 0000 KEVIN M. * SMOOT, 0000 DAVID L. * THOMAS, 0000 BRIAN D. *SAVAGE, JR., 0000 CHRISTOPHER S. * SNODGRASS, 0000 DEREK E. THOMAS, 0000 ERIC D. *SAWALL, 0000 JOSHUA D. * SNODGRASS, 0000 DON R. * THOMAS, 0000 IQBAL A. *SAYEED, 0000 CHRIS H. SNYDER, 0000 JOHN M. THOMAS, 0000 TIMOTHY D. SCARBOROUGH, 0000 GREGORY D. SODERSTROM, 0000 MICHAEL D. THOMAS, 0000 LAWRENCE J. *SCHAD, JR., 0000 JORGE E. * SOLARES, 0000 MICHAEL T. * THOMAS, 0000 JASON A. *SCHAFER, 0000 JIMMY R. * SOLES, JR., 0000 NEIL B. * THOMAS, JR., 0000 MATTHEW E. SCHEXNYDER, 0000 PATRICK SAMUEL * SOLLAMI, 0000 PATRICIA * THOMAS, 0000 DEREK F. SCHIN, 0000 ROBERTO SOMARRIBA, 0000 CHRISTOPHER R. THOMPSON, 0000 SHANE W. *SCHLEUSNER, 0000 CADE R. * SONNICHSEN, 0000 JAMES W. * THOMPSON, 0000 JOHN L. *SCHLUTER, JR., 0000 PAUL P. * SONSTEIN, 0000 JOHN B. THOMPSON, 0000 DONALD W. SCHMIDT, 0000 MARK J. * SORAPURU, 0000 KEVIN C. * THOMPSON, 0000 JEFFREY G. SCHMIDT, 0000 JONATHAN J. * SORBET, 0000 SCOTT J. * THOMPSON, 0000 LEAH C. SCHMIDT, 0000 MATTHEW L. SORIA, 0000 ROY D. * THRAILKILL, 0000 ROBERT M. *SCHMIDT, 0000 STEVEN J. * SOTO, 0000 CHRISTOPHER C. * THROWER, 0000 ROBERT J. SCHMOLDT, 0000 BRETT D. * SOWELL, 0000 MATTHEW A. TIEMAN, 0000 ANNA MARIE SCHNEIDER, 0000 WILLIAM K. * SPARKS, JR., 0000 DAVID M. * TIFFORD, JR., 0000 JOSEPH J. *SCHNEIDER, 0000 MACKJAN H. SPENCER, 0000 RICHARD J. * TIMMERMANN, 0000 IAN G. *SCHNELLER, 0000 JOHN A. * SPERO, 0000 JUSTIN K. * TINDAL, 0000 ANDREW L. SCHOEN, 0000 CHARLES S. * SPICER II, 0000 JASON W. * TORGERSON, 0000 MEGAN M. *SCHOEPF, 0000 CHRISTOHER J. SPINELLI, 0000 RONALD L. * TOUGAW, JR., 0000 SIEGFRIED *SCHOEPF, 0000 STEPHANIE * SPOSATOJOHNSON, 0000 MATTHEW J. TRACY, 0000 KARL R. SCHRADER, 0000 SEAN S. * SPRADLIN, 0000 RAYMOND J. * TRAMPOSCH, 0000 STEVEN M. *SCHRADER, 0000 CORBAN D. SPRAKER, 0000 KASANDRA T. * TRAWEEK, 0000 CHAD W. SCHRECENGOST, 0000 KIRSTEN A. SPRAKER, 0000 DEVIN S. TRAYNOR, 0000 STEVEN P. *SCHREFFLER, 0000 KEITH M. * SPUDIC, 0000 JAMES D. TREADWELL III, 0000 FRANK B. SCHREIBER, 0000 BRANDON L. STADEL, 0000 JAMES A. * TREVINO, 0000 JEFFREY T. SCHREINER, 0000 JOSHUA L. * STAHL, 0000 VINH G. * TRINH, 0000 MARC A. *SCHUESSLER, 0000 CURTIS J. STAMAND, 0000 HENRY H. * TRIPLETT III, 0000 TODD S. *SCHUG, 0000 MYRON O. STAMPS, 0000 ERIC D. * TRISMEN, 0000 TIMOTHY M. SCHWAMB, 0000 BRUCE B. * STANSBURY, 0000 TIMOTHY E. * TROGDON, 0000 GEORGE N. SCHWARTZ, 0000 BENJAMIN J. STAPERA, 0000 GARY S. * TROY, 0000 BONNIE L. *SCHWARTZKOPF, 0000 SHANNAN M. * STARLING, 0000 MATTHEW P. * TRUMBLE, 0000 RANDALL T. SCOGGINS, 0000 MICHAEL S. STARR, 0000 MATTHEW F. TUCKER, 0000 SIMON M. *SCOGGINS, 0000 MICHAEL K. * STEDMAN, 0000 RANDY L. * TULLIS, 0000 JASON C. *SCOTT, 0000 PATRICK J. * STEEN, 0000 JASON T. * TURNER, 0000 JENIPHER E. *SCOTT, 0000 ROUVEN J. N. STEEVES, 0000 JOBIE S. TURNER, 0000 WENDY L. *SEAMAN, 0000 KYLE D. * STEINFADT, 0000 MICHAEL S. * TURNER, 0000 TERRY A. *SEARS, JR., 0000 THOMAS R. STEMARIE, 0000 SCOTT J. TURNER, 0000 STANLEY H. *SEBASTIAN, 0000 ARTHUR J. * STENGELL, JR., 0000 SCOTT R. * TWESME, 0000 CHRISTOPHER T. *SEBORA, 0000 JULIAN D. STEPHENS, 0000 BRIAN J. TYLER, 0000 GEORGE H. SEBREN, JR., 0000 KATRINA COMPTON * STEPHENS, 0000 ROBERT C. * TYLS, 0000 KRISTIN RONDEAU *SEHNEM, 0000 PATRICK R. * STEPHENS, 0000 MICHAEL C. UFFELMAN, 0000 KURT C. SELKO, 0000 JOHN D. * STEPHENSON, 0000 JAMES D. * UPCHURCH, 0000 ERIK M. SELL, 0000 DOUGLAS W. * STERRITT, 0000 OREN K. * UPTON, 0000 LORNE V. *SERPA, 0000 DAVID L. * STEVENS, 0000 VLADIMIR * URBANCEK, 0000 ALBERT *SETO, 0000 KELLEY C. STEVENS, 0000 KEVIN N. * VACCARI, 0000 DAVID A. *SETTJE, 0000 RANDY L. * STEVENS, 0000 LINDA M. * VADNAIS, 0000 CHARLES F. *SEYMOUR, 0000 JOHN R. STEVENSON, 0000 JOHN F. * VAN STEENBURGH, 0000 DOUGLAS G. SEYMOUR, 0000 DEMETRIUS R. STEWART, 0000 JOHNNIE A. VANCE, 0000 JEFFREY R. *SGARLATA, 0000 SCOTT D. STEWART, 0000 LARRY D. * VANCE, 0000 DOUGLAS B. SHAFFER, 0000 JEFFREY P. * STIFT, 0000 MARK J. * VANDERKINTER, 0000 KIRK M. *SHAFFER, 0000 JASON B. STINCHCOMB, 0000 ALEXIS * VANGELDER, 0000 BRADLEY D. *SHANK, 0000 HUGH B. STMARTIN, JR., 0000 TIMOTHY J. * VANHOESEN, 0000 THOMAS S. *SHARPE, 0000 DAVID J. STOCK, 0000 CHRISTOPHER L. VANHOOF, 0000 CHARLES L. *SHAW, 0000 JEFFREY D. STOCKWELL, 0000 MICHAEL T. * VANONE, 0000 ERIC A. SHAW, 0000 PHILIP L. STODICK, 0000 JAMES G. * VAP, 0000 SAMUEL R. *SHEARER, 0000 DANIEL J. * STONER, 0000 JOSE V. * VARELA, 0000 JACOB C. *SHEDDAN, 0000 CHRISTOPHER M. STOPPEL, 0000 JOHN E. VARGAS, JR., 0000 NEAL B. *SHEERAN, 0000 JOYCE R. STORM, 0000 KELLY L. * VARITZ, 0000 AMANDA M. *SHEETS, 0000 DANIEL D. * STOUT, 0000 MICHAEL W. VARNER, 0000 JOHN J. *SHEETS, 0000 JEFFERY T. STRICKER, 0000 BRIAN E. * VAUGHN, 0000 PHILLIP L. *SHEIRICH, 0000 DAVID C. * STRINGER, 0000 JAY D. * VAUGHN, 0000 BRYAN J. SHELTON, 0000 BRIAN R. STUART, 0000 JERMAINE E. * VAUGHNS, 0000 NORMAN F. *SHELTON II, 0000 DEREK S. * STUART, 0000 GILBERTO R. * VAZQUEZ, 0000 ROBERT A. *SHELTON, 0000 TIMOTHY J. * STUART, 0000 ENRICO W. * VENDITTI, JR., 0000 KEITH L. *SHEPHERD, 0000 BRIAN M. * STUMPE, 0000 DAVID G. * VERNAL, 0000 CHRISTOPHER J. SHEPPARD, 0000 JENNIFER A. * SUAREZ, 0000 DAVID J. VETTER, 0000 JOHN A. *SHERMAN, 0000 JESUS G. * SUAREZ, 0000 JEREMY S. VICKERS, 0000 WHITNEY A. *SHERRILL, 0000 NOELIA * SUAREZ, 0000 SCOTT A. VICKERY, 0000 RICHARD N. SHERROW, 0000 GREGORY * SUBERO, 0000 JOHN R. * VICKREY, 0000 GEORGE L. *SHERWOOD, JR., 0000 ERIC D. * SUCIU, 0000 MARCOS A. * VIGIL, 0000 VICTOR O. SHIRLEY, JR., 0000 AMY I. * SUFAK, 0000 JAIME * VILLA, 0000 ADAM J. *SHIRRIFF, 0000 EDWARD M. * SULINSKI, 0000 WILLIAM M. * VILLEGAS II, 0000 DEBRA E. *SHOCK, 0000 CHRISTOPHER M. SULLIVAN, 0000 JAMES T. * VINSON, 0000 BRYAN F. SHUMWAY, 0000 TODD W. * SULLIVAN, 0000 HARMEN P. * VISSER, 0000 KENNETH A. *SIERRA, 0000 BRADLEY R. * SUMTER, 0000 PETER D. VITT, 0000 KEVIN O. SILKNITTER, 0000 WILLIAM P. * SURREY, 0000 DAVID R. * VOLLMER, 0000 BRYCE A. SILVER, 0000 RYAN J. SUTTLEMYRE, 0000 CHRISTOPHER A. * VORSE, 0000 ADAM G. *SILVERMAN, 0000 DUSTIN G. * SUTTON, 0000 NORMAN P. VUCHETICH, 0000 CRAIG R. SIMMONS, 0000 JEFFREY S. SUTTON, 0000 MICHAEL N. * WADDLE, 0000 MATTHEW R. SIMMONS, 0000 RICHARD P. * SWANK, 0000 PATRICK E. * WAGMAN, 0000 LUKE A. SIMON, 0000 SCOTT A. * SWARTSFAGER, 0000 DAWN R. WAGNER, 0000

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6072 CONGRESSIONAL RECORD — SENATE May 26, 2005

JAMES M. WALKER, 0000 GERALD T. YAP, 0000 IN THE AIR FORCE KEVIN P. * WALKER, 0000 ERIC * YARRELL, 0000 SCOTT W. WALKER, 0000 JARED C. * YARRINGTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID B. * WALL, 0000 ARCHER M. YATES, JR., 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DANIEL P. WALLS, 0000 BART P. * YATES, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN R. * WALMSLEY, 0000 KEVIN A. YATES, 0000 MARK R. * WALSH, 0000 MICHAEL * YATES, 0000 To be brigadier general ANDREW J. WALTER, 0000 ANGELIC L. * YBARRABELTRAN, 0000 COL. KATHLEEN D. CLOSE DANNY L. * WALTERS, JR., 0000 THOMAS E. * YEAGER, 0000 JAMES T. * WANDMACHER, 0000 MARK T. YETMAN, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY B. WARD, 0000 MICHAEL S. YI, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WILLIAM N. WARD, 0000 SHAYNE R. YORTON, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DEAN C. * WARDELL, 0000 BRIAN G. * YOUNG, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JAMES W. * WARF III, 0000 CONSTANCE H. YOUNG, 0000 601: BRETT A. WARING, 0000 DAVID W. * YUNT, 0000 JEFFREY B. * WARNER, 0000 PAUL A. * ZACKRISON, 0000 To be lieutenant general TIFFANY J. WARNKE, 0000 JEREMY P. * ZADEL, 0000 MAJ. GEN. CHARLES E. CROOM, JR. DALIAN A. * WASHINGTON, 0000 VINCENT ZALESKI, 0000 THOMAS A. * WASHINGTON, 0000 JONATHAN E. * ZALL, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED DONNA E. * WATSON, 0000 JASON P. * ZENCUCH, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE FRANK W. WATSON, JR., 0000 CHRIS W. * ZENTNER, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER KAREN M. * WATSON, 0000 KRISTIAN J. * ZHEA, 0000 TITLE 10, U.S.C., SECTION 12203: JEREMY R. WATTS, 0000 JAMES M. * ZICK, 0000 JILL VAN ESS WATTS, 0000 MATTHEW W. * ZIMMERMAN, 0000 To be brigadier general MATTHEW W. WEAVER, 0000 MICHAEL S. * ZIMMERMAN, 0000 GREGORY S. * WEBB, 0000 COL. BENJAMIN J. SPRAGGINS BRANISLAV B. * ZIVOJINOVIC, 0000 PAUL T. * WEBSTER, 0000 JACOB A. ZOCHERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CURTIS L. * WEEKS, 0000 BRIAN K. ZOELLNER, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JOHN K. WEIGLE, 0000 BRIAN D. ZULLO, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRENT E. WEISNER, 0000 DEBORAH L. P. * ZUNIGA, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WADE R. * WEISS, 0000 RAY A. * ZUNIGA, 0000 601: JOHN A. WELLMAN, 0000 CHRISTOPHER M. * WELLS, 0000 To be general MATHEW C. WENTHE, 0000 f TODD H. * WENTZLAFF, 0000 LT. GEN. RONALD E. KEYS SCOTT J. * WEST, 0000 Confirmations IN THE ARMY BRENT P. * WESTBROOK, 0000 THOMAS C. * WESTBROOK, 0000 Executive nominations confirmed by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KARL D. * WESTERLUND, 0000 the Senate: Thursday, May 26, 2005 IN THE UNITED STATES ARMY TO THE GRADE INDICATED WILLIAM D. * WESTFAHL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER D. * WESTON, 0000 DEPARTMENT OF EDUCATION DAVID S. * WESTOVER, JR., 0000 To be major general DERRICK R. * WHEELDON, 0000 RAYMOND SIMON, OF ARKANSAS, TO BE DEPUTY SEC- BRIG. GEN. BENJAMIN C. FREAKLEY JON S. WHEELER, JR., 0000 RETARY OF EDUCATION. ROBERT E. * WHETZEL, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MARC A. * WHIRLEDGE, 0000 DEPARTMENT OF DEFENSE THE UNITED STATES OFFICER FOR APPOINTMENT AS DI- CHRISTOPHER P. * WHITE, 0000 KENNETH J. KRIEG, OF VIRGINIA, TO BE UNDER SEC- RECTOR, ARMY NATIONAL GUARD AND FOR APPOINT- CURTIS C. * WHITE, 0000 RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEAN P. * WHITE, 0000 AND LOGISTICS. SECTION 10506: TARA E. * WHITE, 0000 TODD G. * WHITE, 0000 BARRY GOLDWATER SCHOLARSHIP & To be lieutenant general MICHAEL F. * WHITEHEAD, JR., 0000 EXCELLENCE IN EDUCATION FOUNDATION MAJ. GEN. CLYDE A. VAUGHN MICHAEL D. * WHITING, 0000 ARTHUR E. * WICKBERG, 0000 CHARLES P. RUCH, OF SOUTH DAKOTA, TO BE A MEM- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSHUA M. WIELAND, 0000 BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- IN THE RESERVE OF THE ARMY TO THE GRADES INDI- JUSTIN B. WIELAND, 0000 WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION CATED UNDER TITLE 10, U.S.C., SECTION 12203: ALAN J. WIGDAHL, 0000 FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2010. BRIAN J. WIGTON, 0000 To be major general NATIONAL FOUNDATION ON THE ARTS AND THE DAMIAN O. * WILBORNE, 0000 BRIGADIER GENERAL BRUCE A. CASELLA TIMOTHY W. * WILCOX, 0000 HUMANITIES BRIGADIER GENERAL DAVID L. EVANS TIMOTHY T. WILDAY, 0000 HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF BRIGADIER GENERAL WILLIAM H. JOHNSON ANDREW C. WILES, 0000 BRIGADIER GENERAL LARRY KNIGHTNER BRANDON L. WILKERSON, 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2008. BRIGADIER GENERAL DENNIS E. LUTZ WESTON L. * WILKINSON, 0000 BRIGADIER GENERAL ROBERT A. POLLMANN CHRISTINA L. * WILLARD, 0000 NATIONAL MUSEUM AND LIBRARY SERVICES BRIGADIER GENERAL WILLIAM TERPELUK ADRIENNE L. WILLIAMS, 0000 BRIGADIER GENERAL BRUCE E. ZUKAUSKAS ANTHONY D. * WILLIAMS, 0000 BOARD CHRISTOPHER J. WILLIAMS, 0000 KIM WANG, OF CALIFORNIA, TO BE A MEMBER OF THE To be brigadier general DARIN C. * WILLIAMS, 0000 NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR DARRELL L. * WILLIAMS, 0000 COLONEL LIE-PING CHANG A TERM EXPIRING DECEMBER 6, 2009. IKE H. WILLIAMS, 0000 COLONEL PAUL E. CRANDALL JASON T. * WILLIAMS, 0000 POSTAL RATE COMMISSION COLONEL STUART M. DYER JOSEPH * WILLIAMS, JR., 0000 COLONEL GEOFFREY A. FREEMAN KINAMO J. WILLIAMS, 0000 TONY HAMMOND, OF VIRGINIA, TO BE A COMMISSIONER COLONEL WILLIAM D. FRINK, JR. PAUL D. * WILLIAMS, 0000 OF THE POSTAL RATE COMMISSION FOR A TERM EXPIR- COLONEL WILLIAM H. GERETY SEAN * WILLIAMS, 0000 ING OCTOBER 14, 2010. COLONEL GEORGE R. HARRIS TREVOR L. * WILLIAMS, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO COLONEL JEFFREY A. JACOBS WENDY E. * WILLIAMS, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- COLONEL DEMPSEY D. KEE ROBERT A. WILLIAMSON, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY COLONEL DOUGLAS E. LEE PAUL B. WILLINGHAM, 0000 CONSTITUTED COMMITTEE OF THE SENATE. COLONEL CHARLES D. LUCKEY DANIELLE L. * WILLIS, 0000 COLONEL BERT K. MIZUSAWA BRIAN L. WILLITS, 0000 IN THE COAST GUARD COLONEL ELDON P. REGUA COLONEL STEVEN W. SMITH JAMES M. WILMER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL RICHARD A. STONE DEMETRIUS M. * WILSON, 0000 IN THE UNITED STATES COAST GUARD TO THE GRADE IN- COLONEL ROBIN B. UMBERG MARK S. * WILSON, 0000 DICATED UNDER TITLE 14, U.S.C., SECTION 271: WALTER J. WILSON, 0000 COLONEL MARGARET C. WILMOTH WILLIAM H. * WILSON, 0000 To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TROY H. * WINCAPAW, 0000 REAR ADM. (IH) LARRY L. HERETH IN THE RESERVE OF THE ARMY TO THE GRADE INDI- DAVID J. WINEBRENER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: TROY E. * WING, 0000 REAR ADM. (IH) ROBERT J. PAPP CHARLES K. * WINN, 0000 REAR ADM. (IH) CLIFFORD I. PEARSON To be brigadier general PATRICK C. * WINSTEAD, 0000 REAR ADM. (IH) JAMES C. VAN SICE COL. NEIL DIAL MARK R. * WISHER, 0000 DEPARTMENT OF STATE KELLY N. * WITCHER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC J. * WITTENDORFER, 0000 ROBERT JOSEPH, OF VIRGINIA, TO BE UNDER SEC- IN THE UNITED STATES ARMY TO THE GRADE INDICATED CHRISTIAN S. WOHLWEND, 0000 RETARY OF STATE FOR ARMS CONTROL AND INTER- UNDER TITLE 10, U.S.C., SECTION 624: BRANDON C. WOOD, 0000 NATIONAL SECURITY. JASON K. * WOOD, 0000 SEAN IAN MCCORMACK, OF THE DISTRICT OF COLUM- To be brigadier general TRACY A. * WOODARD, 0000 BIA, TO BE AN ASSISTANT SECRETARY OF STATE (PUB- MICHELE J. * WOODCOCK, 0000 LIC AFFAIRS). COL. JAMES K. GILMAN BRINT A. * WOODRUFF, 0000 DAVID HORTON WILKINS, OF SOUTH CAROLINA, TO BE COL. DAVID A. RUBENSTEIN SARAH E. * WOODS, 0000 AMBASSADOR TO CANADA. IN THE MARINE CORPS THADDEUS R. WOODS, 0000 JAMES M. DERHAM, OF VIRGINIA, TO BE AMBASSADOR SHANNON J. * WOODWORTH, 0000 TO THE REPUBLIC OF GUATEMALA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY W. * WOOSLEY, 0000 WILLIAM ALAN EATON, OF VIRGINIA, TO BE AMBAS- IN THE UNITED STATES MARINE CORPS TO THE GRADE ADAM R. * WORDEN, 0000 SADOR TO THE REPUBLIC OF PANAMA. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- JASON C. WORLEY, 0000 PAUL A. TRIVELLI, OF VIRGINIA, TO BE AMBASSADOR TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., BRIAN W. * WORTHINGTON, 0000 TO THE REPUBLIC OF NICARAGUA. SECTION 601: TIMOTHY K. * WOZNIAK, 0000 VICTORIA NULAND, OF CONNECTICUT, TO BE PERMA- ANDREW R. * WRIGHT, 0000 NENT REPRESENTATIVE OF THE UNITED STATES OF To be lieutenant general JEFFREY C. * WRIGHT, 0000 AMERICA ON THE COUNCIL OF THE NORTH ATLANTIC MAJ. GEN. JOHN W. BERGMAN PARKER H. WRIGHT, 0000 TREATY ORGANIZATION, WITH THE RANK AND STATUS JAYSON M. * WRONA, 0000 OF AMBASSADOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD A. WYDRA, 0000 LINDA JEWELL, OF THE DISTRICT OF COLUMBIA, TO BE IN THE UNITED STATES MARINE CORPS TO THE GRADE BRUCE L. * WYKES, 0000 AMBASSADOR TO THE REPUBLIC OF ECUADOR. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- GEORGE R. WYSE, 0000 JOHN F. TEFFT, OF VIRGINIA, TO BE AMBASSADOR TO TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., CHRISTOPHER T. * YANE, 0000 GEORGIA. SECTION 601:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6073 To be lieutenant general To be rear admiral REAR ADM. (LH) JOSEPH A. WALSH REAR ADM. (LH) MELVIN G. WILLIAMS, JR. LT. GEN. ROBERT R. BLACKMAN, JR. REAR ADM. (LH) ROBERT B. MURRETT REAR ADM. (LH) JAMES A. WINNEFELD, JR. IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral (lower half) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. VICTOR C. SEE, JR. CAPT. CAROL M. POTTENGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE VICE ADM. GARY ROUGHEAD UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) CAPT. CHRISTINE M. BRUZEK-KOHLER UNDER TITLE 10, U.S.C., SECTION 624: CAPT. NATHAN E. JONES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE CAPTAIN WILLIAM R. BURKE UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203 CAPTAIN NEVIN P. CARR, JR. To be rear admiral (lower half) CAPTAIN PHILIP H. CULLOM To be rear admiral (lower half) CAPTAIN MARK I. FOX CAPT. MARK W. BALMERT CAPTAIN WILLIAM D. FRENCH CAPT. ALBERT GARCIA III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPTAIN MICHAEL S. FRICK IN THE COAST GUARD CAPTAIN TIMOTHY M. GIARDINA IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPTAIN ROBERT S. HARWARD, JR. UNDER TITLE 10, U.S.C., SECTION 624: COAST GUARD NOMINATION OF KATHRYN C. DUNBAR CAPTAIN WILLIAM H. HILARIDES To be rear admiral (lower half) TO BE LIEUTENANT COMMANDER. CAPTAIN DANIEL P. HOLLOWAY CAPTAIN DOUGLAS J. MCANENY CAPT. RAYMOND E. BERUBE NATIONAL OCEANIC AND ATMOSPHERIC CAPTAIN TERENCE E. MCKNIGHT CAPT. JOHN J. PRENDERGAST III ADMINISTRATION CAPTAIN JOHN W. MILLER CAPTAIN MICHAEL S. OBRYAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- CAPTAIN FRANK C. PANDOLFE IN THE UNITED STATES NAVY TO THE GRADE INDICATED TION NOMINATIONS BEGINNING WITH DANIEL J. PRICE CAPTAIN DAVID L. PHILMAN UNDER TITLE 10, U.S.C., SECTION 624: AND ENDING WITH STEPHEN P. BARRY, WHICH NOMINA- CAPTAIN BRIAN C. PRINDLE To be rear admiral (lower half) TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPTAIN DONALD P. QUINN IN THE CONGRESSIONAL RECORD ON APRIL 25, 2005. CAPTAIN WILLIAM E. SHANNON III CAPT. KEVIN M. MCCOY IN THE AIR FORCE CAPTAIN JAMES A. SYMONDS CAPT. WILLIAM D. RODRIGUEZ CAPTAIN STEPHEN S. VOETSCH AIR FORCE NOMINATIONS BEGINNING WITH DONNELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN JAMES P. WISECUP E. ADAMS AND ENDING WITH DANIEL J. ZALEWSKI, IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARCH 14, 2005. UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral AIR FORCE NOMINATION OF MICHAEL E. VAN To be rear admiral REAR ADM. (LH) DAVID J. VENLET VALKENBURG TO BE COLONEL. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY REAR ADM. (LH) ALAN S. THOMPSON IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH ROBERT D. BOW- IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral MAN AND ENDING WITH THERESA M. SULLIVAN, WHICH UNDER TITLE 10, U.S.C., SECTION 624: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- REAR ADM. (LH) BRUCE W. CLINGAN PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY To be rear admiral REAR ADM. (LH) DERWOOD C. CURTIS 15, 2005. REAR ADM. (LH) PETER H. DALY ARMY NOMINATIONS BEGINNING WITH CATHERINE D. REAR ADM. (LH) NANCY J. LESCAVAGE REAR ADM. (LH) KENNETH W. DEUTSCH SCHOONOVER AND ENDING WITH VINCENT M. YZNAGA, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) MARK T. EMERSON AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADM. (LH) JEFFREY L. FOWLER MAY 9, 2005. UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) GARRY E. HALL REAR ADM. (LH) LEENDERT R. HERING, SR. IN THE NAVY To be rear admiral REAR ADM. (LH) ALAN B. HICKS REAR ADM. (LH) STEPHEN E. JOHNSON NAVY NOMINATIONS BEGINNING WITH JOEL P. BER- REAR ADM. (LH) JEFFREY A. BROOKS REAR ADM. (LH) CARL V. MAUNEY NARD AND ENDING WITH MARC K. WILLIAMS, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) BERNARD J. MCCULLOUGH III NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADM. (LH) MICHAEL H. MILLER PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) ALLEN G. MYERS 2005.

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