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 United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, MONDAY, JULY 25, 2005 No. 102 Senate The Senate met at 1:01 p.m. and was appoint the Honorable LAMAR ALEXANDER, a DEWINE, JEFFORDS, MIKULSKI, LAUTEN- called to order by the Honorable Senator from the State of Tennessee, to per- BERG, DOLE, DURBIN, LEVIN, LIEBERMAN, LAMAR ALEXANDER, a Senator from the form the duties of the Chair. BOXER, REED, CHAFEE, SMITH, COLLINS, TED STEVENS, State of Tennessee. STABENOW, OBAMA, AKAKA, SALAZAR, President pro tempore. DAYTON, BINGAMAN, WYDEN, BIDEN, PRAYER Mr. ALEXANDER thereupon assumed ISAKSON, FEINGOLD, JOHNSON, NELSON the Chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- of Florida, BROWNBACK, BURR, SNOWE, pore. fered the following prayer: and PRYOR be added as cosponsors of Let us pray. f the resolution. The ACTING PRESIDENT pro tem- Eternal God, who hears and answers RESERVATION OF LEADER TIME prayers, teach us to pray. We confess pore. Without objection, it is so or- that we don’t know how to pray as we The ACTING PRESIDENT pro tem- dered. ought. Our desires are deep and our pore. Under the previous order, the Mr. HARKIN. Mr. President, tomor- language too shallow. Lord, look be- leadership time is reserved. row, July 26, marks the 15th anniver- yond our words and see our hearts and In my capacity as a Senator from sary of the signing of the Americans souls. Hear our thoughts as we wait pa- Tennessee, I suggest the absence of a with Disabilities Act. Observances and tiently for Your providence. quorum. celebrations are being held and will be Inspire our lawmakers today with The clerk will call the roll. held all across the country. In fact, I Your presence. As they labor for lib- The legislative clerk proceeded to attended three in Iowa over the week- erty, help them to find their highest call the roll. end. There will be a big celebration to- joy in Your purpose and will. Mr. HARKIN. Mr. President, I ask night at the Kennedy Center where I Bless the staff members who provide unanimous consent that the order for look forward to introducing former the wind for the wings of our legisla- the quorum call be rescinded. President George Bush, the signer of tors. Surround these often unsung he- The ACTING PRESIDENT pro tem- the Americans with Disabilities Act, roes and heroines with Your peace. pore. Without objection, it is so or- who will give the keynote address. We pray in Your wonderful Name. dered. On this 15th anniversary, we cele- Amen. f brate one of the great landmark civil f rights laws of the 20th century, a long RECOGNIZING THE 15TH ANNIVER- overdue emancipation proclamation for PLEDGE OF ALLEGIANCE SARY OF THE AMERICANS WITH people with disabilities. We also cele- The Honorable LAMAR ALEXANDER led DISABILITIES ACT brate the men and women from all the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- across America whose daily acts of her- I pledge allegiance to the Flag of the pore. Under the previous order, the oism and protest and persistence and United States of America, and to the Repub- Senate will proceed to the consider- courage moved this law forward to pas- lic for which it stands, one Nation under ation of S. Res. 207, the Americans sage 15 years ago. God, indivisible, with liberty and justice for with Disabilities Act resolution, which In 1964, this country passed a civil all. the clerk will report. rights bill. After much struggle, after f The legislative clerk read as follows: the freedom riders and the marches in APPOINTMENT OF ACTING A resolution (S. Res. 207) recognizing and places such as Selma, AL, that are PRESIDENT PRO TEMPORE honoring the 15th anniversary of the enact- burned in our memories, we passed the ment of the Americans with Disabilities Act Civil Rights Act of 1964 which closed a The PRESIDING OFFICER. The of 1990. clerk will please read a communication long, disgraceful chapter of segregation The ACTING PRESIDENT pro tem- to the Senate from the President pro and discrimination, lack of equality of pore. Under the previous order, there opportunity for Americans just based tempore (Mr. STEVENS). will be 30 minutes of debate equally di- The legislative clerk read the fol- on race, mostly, sex, creed, and na- vided between the majority leader and lowing letter: tional origin. the Senator from Iowa or their des- I can remember coming home on U.S. SENATE, ignees. leave from the military some time PRESIDENT PRO TEMPORE, Washington, DC, June 25, 2005. The Senator from Iowa. after that. I was with my brother To the Senate: Mr. HARKIN. Mr. President, I ask Frank who had been totally deaf since Under the provisions of rule I, paragraph 3, unanimous consent that Senators KEN- early childhood. I had seen how he had of the Standing Rules of the Senate, I hereby NEDY, HATCH, REID, CLINTON, MCCAIN, been discriminated against all of his

∑ 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 Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.000 S25JYPT1 S8768 CONGRESSIONAL RECORD — SENATE July 25, 2005 lifetime. I remember we were talking ADAP rolled their wheelchairs up to is a talking one with brail so that a about different things, and he men- the Capitol steps, and there were about blind person can use the ATM machine. tioned the civil rights bill. He thought between 50 and 75 people. I don’t know So we now see people with seeing-eye it was all well and good. But then he the exact number. They got out of dogs going into restaurants to have a asked the question: What about us? I their wheelchairs and crawled up the meal. Fifteen years ago, a restaurant didn’t really know what he was talking steps of the Capitol; they crawled up could say, Get that dog out of here, we about. the steps. That hit the evening news, don’t allow it. Now they have to allow I said: Are you talking about us, me? all the newspapers, and the news maga- it. He said: What about us deaf people? zines, and then we heard from the Now we see people with disabilities We are discriminated against every day American public that this should not working jobs, traveling, enjoying life, in terms of where we can work, can go, be allowed to happen, that people with going to movies. Yesterday, I went to a how we get news, how we go to school. disabilities ought to have accessibility; Cedar Rapids Colonels baseball game. I began to think about it as I finished they ought to be able to participate in It was disability day. They have a new my career in the military and through all aspects of our American life. And baseball stadium there; it is 4 years law school and coming here to Con- then we hammered out the bill and got old. It is one of the most accessible sta- gress. I thought, as I watched the it passed in the Senate and the House. diums I have ever seen in my life. All struggle of people with disabilities to As I said, on July 26, 1990, in a won- kinds of people with disabilities can proclaim their involvement, that they derful ceremony, the biggest gathering come there and enjoy baseball games. should also be covered by the Civil for the signing of a bill in our Nation’s That would not have been true before. Rights Act. So there were some minor history, people gathered on the lawn of The old diamond had one place set steps taken. We had section 504 of the the White House for the signing of the aside down on the first base line with Rehab Act in 1973 before I got here. Americans with Disabilities Act by people walking in front of them all the Then after coming to the House in 1974, President George Bush. It was a great time. Now they are up high, and they we had the Education of Handicapped and joyous occasion. have great seats in this stadium. So we Children Act, 94–142, which my good For all these years, after 1964, we see this all around us. friend, now Senator JEFFORDS, then thought we had torn down the walls of For those of us who are able-bodied, Congressman JEFFORDS, was very much segregation. But there was a group of we kind of take it for granted. It is not involved in getting passed in the House Americans for whom segregation was a a big deal out there that you have curb at that time. It later became known as daily occurrence, even after the Civil cuts or access to buildings. I walked IDEA, the Individuals with Disabilities Rights Act, for whom daily discrimina- into a hotel downtown a week or so ago, where the National Commission Education Act. That is how it is known tion was a fact of life, for whom equal on Independent Living, NCIL, was hav- today. opportunity was just some words on Then there began a long struggle by paper. There was a group of Americans ing their national meeting. Four or five people with disabilities coming people with disabilities to gain their for whom access to the American into the Hyatt pushed a button at the full participation in our society. dream was basically closed because of door, and they could get their wheel- This started in the late 1970s and their lack of participation in economic chairs in and out. We don’t even think early 1980s. Then when I came to the opportunity and accessibility. These about that. So it is a quiet revolution. Senate in 1984, 1985, it had been picking were Americans with disabilities. My nephew, who is an architect, told I often put it this way: On July 25, up steam and momentum. Various me a few years ago that now we are de- 1990, if you were a person of color, say, drafts of bills have been presented signing buildings the way they should and you went down to apply for a job about disability and this and that. be designed—fully accessible to all. We for which you were qualified and the Finally, it fell to me as chairman of also have closed captioning on tele- prospective employer looked at you the Disability Policy Subcommittee at vision for the deaf and hard of hearing. and said, I am not hiring African that time to pull together the final We can pick up our remote for the TV draft. Here I will pay my great respect Americans, or Black people, or prob- and punch the mute and see the words and admiration to former Senator Low- ably, in the contextual framework of come up, and we take it for granted. ell Weicker of Connecticut, who led the that time, I am not hiring colored peo- But it has transformed lives in Amer- charge before I got here to change the ple, if he said that to you, you could ica. It has made us a better, richer, law to provide for an overarching law have gone right down to the court- more fair society. Now the American to cover people with disabilities in our house. The doors were open there, and family is much more complete than it country. But then Senator KENNEDY you could have filed suit for discrimi- was before. asked me to join his committee and nation based on the Civil Rights Act of So on this, the 15th anniversary, I take over the chairmanship of the dis- 1964. If, however, on July 25, 1990, you say thank you to the disabled commu- ability subcommittee, which I did, with were a person with a disability and you nity of America for their long years of the great help of wonderful staff, in- went to a prospective employer for a struggle and protest, for the hardships cluding Bobby Silverstein and others. job for which you were qualified—say they went through just to make sure We were able to get the words on paper, you rode a wheelchair in there and the they were treated equally in our soci- put it together. It was a pretty long employer looked at you and said, We ety. I always point out that in the struggle. don’t hire cripples, get out of here, and ADA, there is not one nickel given to a It was not a foregone conclusion that you rolled your wheelchair down to the person with a disability. It is not any we could ever pass it. But there were same courthouse door. The doors were kind of giveaway program. All it does acts of heroism. I can remember when locked; they were closed. You had no is break down the barriers. People with people with disabilities started coming cause of action. It was not illegal to disabilities now can apply their God- to Washington to protest. Sometimes discriminate on the basis of disability given talents and their abilities and they would plug the corridors in the on July 25, 1990. On July 26, after Presi- contribute to our society. So it is quite Dirksen Office Building, and the police dent Bush signed it into law, the court- a step forward for America. We have a would have to clear them out. Many house doors were opened. No longer lot to be proud of and a lot to be got arrested. I remember a man named would it be legal to discriminate on the thankful for. But I must say that we Dwayne French, who came from Alaska basis of disability in our society. are not totally to where we wanted to to demonstrate, protest, and demand So for the last 15 years, we have seen be. equal rights under the law. He got ar- what I call a quiet revolution taking We had four goals when we passed the rested and thrown into jail. place in America. Look around you. ADA. One was economic self-suffi- I tend to think the one thing that You see the curb cuts, ramps, widened ciency. Fifteen years later, over 60 per- really crystalized what we were trying doors, elevators that are accessible, cent of Americans with disabilities are to do in terms of full participation, ac- and people with disabilities can get on still unemployed, without a job. That cessibility, of nondiscrimination and and off buses. I was in Iowa this week- is still a national disgrace. So I hope breaking down barriers—the one event end and went to an ATM machine to we use this occasion of this 15th anni- was when Bob Kofka and the group get some money, and the ATM machine versary, yes, to look at the great

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.002 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8769 strides we have made and how far we Mr. SMITH. Mr. President, in Oregon Tomorrow we should all be reminded have come but also to recommit our- it is estimated that there are 433,000 that equal opportunity is not a privi- selves to make the ADA really com- people living with disabilities, and I lege, but a fundamental right of every plete. We have to do more in terms of am pleased to be here today to rep- American. job training, personal assistance serv- resent them by recognizing and hon- I hope my colleagues will join me in ices, and accessibility so that people oring the 15th anniversary of the support of this resolution. with disabilities can have more jobs. Americans with Disabilities Act. Mr. KERRY. Mr. President, 15 years Sixty percent unemployment is not The Americans with Disabilities Act ago a Democratic Congress and a Re- right. So I hope we will redouble our will turn 15 years old tomorrow. This publican President passed the Ameri- commitment to getting this next step act stands as one of the most success- cans with Disabilities Act, a critical passed. ful civil rights laws in our history. step in our journey toward civil rights The ACTING PRESIDENT pro tem- This law has opened the doors of for all. pore. The Senator’s time has expired. schools, polling places, and countless The ADA represented Washington at Mr. HARKIN. Mr. President, I ask other public facilities to our Nation’s its best—both parties coming together, unanimous consent that the Senator disabled population. The law is and will ignoring the special interests, and from Vermont be given 10 minutes to continue to be the platform for mil- passing groundbreaking legislation to make his statement at this point. lions of Americans to realize our Na- help people in dire need. Differences The ACTING PRESIDENT pro tem- tion’s goals of equality of opportunity, were set aside as we united in common pore. Without objection, it is so or- economic self-sufficiency, full partici- respect for all Americans, regardless of dered. pation, and independent living. physical, cognitive, or emotional abili- The Senator from Vermont is recog- Fifteen years ago it was often a ties. We made a strong statement of nized. dream for the 54 million Americans our collective belief that in America, Mr. JEFFORDS. Mr. President, to- with disabilities to participate in our all citizens have the right to look at morrow marks a milestone for the Nation’s daily life. However, the ADA the future with infinite possibility. Americans with Disabilities Act, ADA. helped these people by removing bar- And I think we can all agree the ADA July 26 is the 15th anniversary of the riers in employment, transportation, has been a remarkable success. ADA’s enactment into law. public services, telecommunications, On this anniversary, I think it is ap- The ADA is one of the most signifi- and public accommodations. The act propriate to recognize those leaders cant initiatives to become law during stands as a tribute to the hard work of who took the momentum from decades my 30 years in the Congress. all of the individuals who brought light of struggle that had only led to small As a Member of the House I was an to the plight of the disabled before and legislative advances, and turned it into original cosponsor the first time the after this legislation was passed. one of the crowning achievements in ADA bill was introduced in 1988. For years, people with disabilities civil rights law. My distinguished col- Although ADA did not pass during were viewed as people in need of help leagues Senators HARKIN and KENNEDY, that Congress, action on the ADA leg- rather than contributors to our coun- my former colleague Senator Dole and islation would not have to wait much try. The passage of the ADA finally former President Bush, and organiza- longer. moved us to change our attitudes and tions like DREDF, CCD, NICL and Under the extraordinary citizen lead- open doors for people with disabilities. ADAPT, among others, showed such in- ership of the late Justin Dart, former In Oregon one of the people who has credible leadership. And we would not Representative Tony Coehlo, Rep- been truly touched by this act is Vail have gotten anywhere if the members resentative STENY HOYER, former Sen- B. Horton. Vail is the founder and CEO of the disabilities community had not ate Majority Leader Bob Dole, my col- of a company called Keen Mobility. set all disparate opinions aside to league Senator TOM HARKIN, and then Using his disability as motivation, Vail speak with one voice. President George H.W. Bush, the ADA created his company, Keen Mobility, Fifteen years after passage of the became law in 1990. which develops, produces, and distrib- ADA, we find that the challenge of Another important factor that led to utes innovative, functional and attrac- high unemployment, poverty, poor the passage of the ADA was the tive assistive devices that empower in- housing, and limited educational op- staunch commitment of many diverse dividuals by enhancing mobility, bring- portunities still plagues people with organizations. The ADA is an excellent illustration ing greater independence and providing disabilities in America. If should not as to how bipartisanship, combined new opportunities. be this way. I hope that all of us, who Vail is also a board member for Prov- with the outstanding efforts of our Na- 15 years ago believed that to exclude idence Child Center for the Medically tion’s citizenry, can lead to a landmark persons with disabilities from our Fragile Children Foundation and Board change that can positively impact peo- schools, restaurants, or job force was member for YMCA of Columbia-Wil- ple’s lives for centuries to come. un-American, are reminded as we cele- The ADA has literally opened doors lamette. I have personally recognized brate this anniversary that there is that were closed prior to 1990, which him as an Oregon health care hero. As still much work left to be done. has reaped great benefits for all of us. founder and CEO of Keen Mobility, Vail Today, we must go beyond congratu- In 1990, the largest Vermont employ- built the company from inception into lating all the pioneers in this movement agency successfully placed 505 a team of 16, with three product lines ment for this extraordinarily special disabled individuals with employers. As focused on safety and mobility for the anniversary. We must also reaffirm of last year, that successful placement disability community. that the Congress stands ready to be rate had increased almost threefold. Vail is a true hero and I am happy to the leading force in protecting and Individual and economic empower- say that the 250,000 families with mem- strengthening this law—never under- ment is the ongoing legacy of the ADA. bers who have a disability in Oregon, mining it. Let us all commit to redou- Although many great trans- like his, can see the many signs of our bling our efforts to serve this impor- formations have occurred since ADA’s progress. However, we must continue tant community and this crucial cause. birth 15 years ago, there is room for our ongoing efforts to see that persons Mr. AKAKA. Mr. President, I join my improvement. with disabilities are allowed to be ac- colleagues in commemorating the 15th The ADA needs to be protected and tive in our society. Whether they are anniversary of the Americans with Dis- its spirit of inclusion and opportunity friends, neighbors or family, persons abilities Act. I thank my friend from should be extended. with disabilities are no longer consid- Iowa, Senator HARKIN, for sponsoring a I thank Senator HARKIN for bringing ered second class citizens. Every day resolution recounting the history and the ADA birthday resolution to the full persons with disabilities are dem- accomplishments under this landmark Senate. I am proud to join him in wish- onstrating their abilities and making act for countless individuals in the ing the ADA a very happy birthday. real contributions. People with disabil- United States. I am pleased to be a co- Mr. President, I hope we have others ities are no longer excluded, and be- sponsor of this resolution. come to speak who are as excited as I cause of that America is a stronger The enactment of the Americans am. country. with Disabilities Act, ADA, on July 26,

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.004 S25JYPT1 S8770 CONGRESSIONAL RECORD — SENATE July 25, 2005 1990, was a milestone and continues to antees equal opportunity for people ever, with great determination and serve the more than 54 million individ- with disabilities in employment, trans- courage, Shirley has established a life uals with disabilities in our country portation, public services, tele- full of meaning surrounded by people today. These individuals are now able communications, and public accom- who love and care for her. She would to better participate in society thanks modations. have it no other way. to the removal of barriers in areas such Over the past 15 years, the ADA has At age 3, Shirley moved to Pinecrest as employment, transportation, public provided opportunity and access for the Developmental Center in central Lou- services, telecommunications, and pub- 54 million Americans with disabilities. isiana. She received care while living lic accommodations under the ADA. The passage of ADA resulted from a at Pinecrest, but she never learned to Prior to the passage of the act, it was long struggle by Americans with dis- take care of herself. In 1997, at age 31, much more common for disabled Amer- abilities to bring an end to their infe- Shirley received an MR/DD waiver icans to encounter prejudice, discrimi- rior status and unequal protection which enabled her to move from nation, and physical exclusion in their under law. Prior to passage of this Pinecrest into her own apartment in everyday lives. The Americans with landmark civil rights legislation, these the New Orleans area where she con- Disabilities Act marks the culmination Americans routinely faced prejudice, tinues to receive 24-hour support. of a civil rights movement that keeps discrimination, and exclusion—not to Shirley is now able to attend church faith with the spirit of our forefathers, mention physical barriers in their ev- where she has made lifelong friends. In who believed in the unalienable rights eryday lives. Now these Americans addition, she volunteers at another of all individuals. have an opportunity to participate church where she assists staff in pass- Under the ADA, my home State has more fully in our national life. ing out lunches to children enrolled in become a leader in providing new and We recognize, however, our work is vacation Bible study, sending mail out updated facilities for individuals with not finished. We still need to do more to parishioners, and welcoming people disabilities. An estimated 148,000 people for people with disabilities. In addition to the services each Sunday. She helps in Hawaii are living with a disability, to removing the physical barriers, we her neighborhood association by water- and an estimated 22,000 people have dif- must also change attitudes. People ing the flowers to the entrance to her ficulty performing self-care activities, with disabilities—like all people—have apartment complex on a regular basis. such as dressing, bathing, or mobility unique abilities, talents, and aptitudes. Living on her own has enabled Shir- inside the home according to the 2003 And America is better, fairer, and rich- ley to travel, which is something that American Community Survey. er when we make full use of those gifts. she was unable to do while living in an Since the passage of the ADA, Hawaii As we celebrate this historic accom- institution. She loves to vacation in has modified more than 5,000 curb plishment, I encourage all Americans Biloxi and on the beaches of Florida. ramps and built 3,000 new curb ramps to work towards increased recognition She is constantly looking for new for better accessibility throughout the and understanding of the manner in places to go and for new adventures. If State. No one should be denied access which the physical and social environ- Shirley has it her way, she will con- to buses, sidewalks, or parks, and I am ment can pose discriminatory barriers tinue to soak up the Sun on the gulf pleased to say that Hawaii is one of the to people with disabilities. coast and explore new frontiers for leaders in ensuring that everyone has Ms. LANDRIEU. Mr. President, I rise years to come. an equal opportunity to participate in today to commemorate the 15th anni- In sum, Shirley is known and loved society. By next year, Hawaii’s public versary of the Americans with Disabil- by hundreds in her community now. sector will be almost 100-percent acces- ities Act. On this day in 1990, President She has a sense of belonging and secu- sible and, as of today, 70 percent of the George H.W. Bush signed this monu- rity that she has never experienced be- private sector has addressed or is ad- mental piece of legislation into law fore. Her life is full of people who care dressing the needs of the disabled, ac- guaranteeing equal opportunity for for her, and she continues to make cording to a nationally recognized ADA people with disabilities in public ac- wonderful progress in living in her own consultant. commodations, commercial facilities, home to this day. Shirley Adams is I join the more than 40 million dis- employment, transportation, State and clearly an inspiration to anyone who abled Americans who have been helped local government services, and tele- wants to explore their surroundings by the ADA in saying mahalo to those communications. and lead a very happy life surrounded who championed this historic piece of One out of every five Americans by loved ones in their community. legislation. In particular, the tireless today suffers from a disability. In the Shirley and thousands of others in efforts of Justin Dart, Jr. His courage national workforce, there are currently Louisiana now live a full and complete and dedication as a disability rights 4 million men and 31⁄2 million women life. The ADA gives people with disabil- advocate is exemplary in protecting with disabilities employed. We have ities such as Shirley a vehicle to re- the civil rights of disabled Americans. made noteworthy strides in granting quest and secure the accommodations Mr. Dart has inspired future genera- equal rights to those with disabilities. they need for both physical and pro- tions of disabled Americans to reach However, we still have tremendous grammatic access to life in Louisiana. their full potential as active and en- work to do to decrease the 70 percent In 1990, when the ADA was passed, gaged members of society. unemployment rate for people with sig- Louisiana spent nothing on home and The work of my fellow Senators HAR- nificant disabilities. community-based services for people KIN and KENNEDY in the Senate, as well In my own State of Louisiana, 710,000 with disabilities such as Shirley. In as Representative HOYER in the House, people over the age of 5 were reported 2003 alone, Louisiana spent $157,447,900. must also be recognized in addition to to have a disability. This means that These services, inspired by the spirit of everyone else who pushed for this legis- 14.8 percent of the population in Lou- equality established by the ADA, allow lation. It was my great privilege to isiana suffers from some form of dis- thousands of Louisiana’s citizens with vote in favor of the conference report ability. disabilities the opportunity to live when it passed in the Senate on July There are thousands of stories that their lives as contributing, partici- 13, 1990. Our collaborative work in Con- capture the significance of this meas- pating members of our society. gress to push the ADA through to pas- ure to people around this country, but In addition, there are now 3,170 aging sage showed a strong commitment to I want to highlight just one. Shirley or elderly individuals receiving home civil rights and equality. Millions of Adams is a constituent of mine, and and community-based services that Americans are forever grateful for the she typifies the impact that the ADA allow them to remain in their own chance they now have to live a better can have on a person’s life. homes. life. Shirley’s road to inclusion into her The ADA impacts the daily lives of Mr. LAUTENBERG. Mr. President, I community was long and filled with ob- my constituents living with disabilities rise to commemorate the 15th anniver- stacles. She is a woman with many la- and for that reason I want to applaud sary of the Americans with Disabilities bels—profound mental retardation, vis- the honorable work being done due to Act. I am proud to be a cosponsor of ual impairment, a history of seizures, a the enactment of this legislation while this landmark legislation which guar- rare bone ailment, and nonverbal. How- not losing sight of the fact that we

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.033 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8771 must work harder to help all disabled modations, in transportation, and in She had polio as a child. She uses a mo- persons have equal civil rights and the communications services. torized scooter now, but for many job opportunities they deserve. I credit the passage of this legisla- years, Ann walked with crutches. As Mr. KYL. Mr. President, I express tion to the millions of disabled Ameri- anyone who has ever used crutches support for the Senate resolution hon- cans, all of whom benefit from the knows, they can wear you out pretty oring the 15th anniversary of the ADA. It was their dedication, deter- quickly. Americans with Disabilities Act. This mination and courage that made the Before the ADA, when Ann Ford piece of legislation is a celebration of difference. They took the time to edu- needed to go to the grocery store, she the uniquely American notion that all cate their members of Congress about would first make a very careful list, of our citizens can contribute to soci- why the Americans With Disabilities then plot out her shopping as effi- ety if we provide them with the tools Act was necessary. And they made a ciently as possible so that she could and opportunities they need. Since the convincing case to many of us. That buy what she needed in 20 minutes and law was enacted in 1990, some 54 mil- dedication is why we are celebrating be back home before she ran out of en- lion disabled Americans have had bet- the 15th anniversary of the passage of ergy. ter opportunities for employment and this law today. Shortly after the ADA was enacted, education. Our public spaces and trans- In Utah, I have a disabilities advisory the manager of the grocery store where portation systems have been improved committee that keeps me abreast of all she shopped pointed out a new electric- to ensure access to everyone. The issues of interest to the disability com- powered scooter the store had pur- Americans with Disabilities Act gives munity. I must pay great tribute to the chased, and asked Ann if she would like all people the opportunity to enjoy members of this committee as well, for to use it. Well, Ann Ford shopped for what American society has to offer, it is their insights that have helped me an hour and half that day. She went up and it has changed public attitudes. to reach a better understanding of the and down every aisle in that store. She The perception of helplessness and de- partnership our Government must un- said later she had no idea how many pendency has been largely replaced by dertake to promote initiatives benefit- things you could buy in a grocery a recognition that, with the aid of ap- ting the disabled. store. By removing physical barriers, the propriate accommodations, disabled I am pleased to be a supporter of the ADA is helping to reduce some of the Americans can participate fully in all resolution before the Senate today and isolation and prejudice that people fields of civic life. urge colleagues to support the passage In commending all those involved in of this resolution. with disabilities too often have to battle. It provides people with disabilities the passage of this legislation, we Mr. DURBIN. Mr. President, earlier a degree of autonomy and dignity that should take time to single out then this month, America celebrated the everyone deserves. That is progress, Senate Majority leader Bob Dole. Sen- 41st anniversary of the Civil Rights Act and that is worth celebrating. ator Dole’s sacrifice for his country of 1964. Next month, we will celebrate But we still have a long way to go. and service in the Congress prove that the 40th anniversary of the Voting Rights Act, one of the most important The physical barriers are disappearing, disability need not be debilitating. but there are other, subtler barriers I admire the courage and persever- civil rights victories in our Nation’s that continue to prevent far too many ance of the millions of Americans who history. Those are two of the most im- Americans with disabilities from par- live with disabilities every day. This portant achievements in civil rights in ticipating fully in their communities resolution celebrates not only the pas- our Nation since the ratification of the and in the workplace. Bill of Rights. Today, I want to reflect sage of the ADA, but also the positive As Senator HARKIN noted, the unem- contributions that all Americans make for a few minutes on another critically ployment rate for people with disabil- to our society. important achievement in civil rights: ities is still 60 to 70 percent—the same Mr. HATCH. Mr. President, I rise, in the enactment 15 years ago this week place it was a decade ago. That has to support of S. Res. 207, the Americans of the Americans with Disabilities Act. change. Most people with disabilities with Disabilities Act resolution com- I recently saw a young man wearing want to work, and have to work. ADA memorating the 15th anniversary of a T-shirt. In large letters on the front mandates access but we can’t legislate the signing of the law. of his shirt were the words: ‘‘The ADA attitudes. And it is the lingering preju- As one of the original authors of the . . .’’ On the back, the shirt read, ‘‘. . . dice or ignorance about disabilities Americans with Disabilities, ADA, I boldly going where everyone else has that contributes to this stubbornly am a proud cosponsor of this important already been.’’ I think that young high unemployment rate. resolution. I am pleased that the Sen- man’s T-shirt sums up the ADA pretty Congress can mandate access. With ate took the time today to remember well. the stroke of his pan, the President can the passage of landmark legislation The Americans with Disabilities Act outlaw overt acts of discrimination. which changed the lives of disabled in- does not grant people with disabilities But the next step in this civil rights dividuals across the country. I am also any special status or position. To the struggle—integrating people with dis- pleased to stand with my colleague, contrary, it simply removes certain abilities into our workplaces—is a step Senator HARKIN, who did so much to barriers that for too long had made it we must choose. advance this legislation in 1990, and in- difficult—if not impossible—for people Failure to make the greatest possible deed, to nurture its implementation with disabilities to make the most of use of the skills and talents of people ever since. their God-given skills and abilities, with disabilities hurts them. It hurts When this legislation was being de- and to participate fully in their com- their families. It hurts all of us. Think bated on the Senate floor back in 1990, munities and in the workplace. for a moment. Where would America be I told my colleagues that I believed Before the ADA, if you needed a hair- today had we not had Franklin Delano that the Americans with Disabilities cut, if you needed to see a doctor, if Roosevelt to help pull us through the Act would be good for all America. And you just wanted to meet a friend for a Great Depression? Dorothea Lange, the 15 years later, I feel the same way. cup of coffee, you probably had to rely great photojournalist, walked with a The Americans with Disabilities Act on family, friends, or a social service limp as a result of childhood polio. How has done so much for the disabled com- agency. Very few transit systems in much less we might know about our munity throughout our country—due this country had buses or trains that own national history had she not cap- to this law, the lives of disabled indi- were accessible to people using wheel- tured it on film for us? How much poor- viduals have improved dramatically. chairs. Today, thanks to the ADA, that er would the world be without the bril- When Congress passed the Americans has changed. If you need go somewhere, liant insights of Stephen Hawking? with Disabilities Act in 1990, we knew you can go to a comer, catch a bus, and How much poorer we would all be artis- that this bill would make a difference. be on your way. tically and emotionally if we had never As a result of the passage of this bill, Let me tell you another story about heard Ray Charles sing ‘‘America the valuable resources were dedicated to the difference the ADA has made. Ann Beautiful?’’ improving the lives of the disabled Ford lives near my hometown, Spring- We need to tear down the subtler bar- through employment, in public accom- field, IL. She is a grandmother now. riers that prevent far too many people

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.051 S25JYPT1 S8772 CONGRESSIONAL RECORD — SENATE July 25, 2005 with disabilities from participating SCHEDULE Inhofe-Collins amendment No. 1312, to express the sense of Congress that the Presi- fully in our economy. Not just because Mr. MCCONNELL. Mr. President, I it is the right thing to do, but because dent should take immediate steps to estab- welcome everyone back for the remain- lish a plan to implement the recommenda- it is the smart thing to do. ing time of this work period. This will tions of the 2004 Report to Congress of the I want to make one final point. I be the last week before the August re- United States-China Economic and Security mentioned that the Americans with cess, we expect. Review Commission. Disabilities Act is part of a tradition of It will be a busy week. Today we Inhofe-Kyl amendment No. 1313, to require an annual report on the use of United States important civil rights achievements. begin with a resolution regarding the But there is one fundamental way in funds with respect to the activities and man- anniversary of the ADA, the Americans agement of the International Committee of which the ADA differs from some of with Disabilities Act, which Senator those other milestone laws. the Red Cross. HARKIN was just discussing. We will be Lautenberg amendment No. 1351, to stop The Civil Rights Act was enacted pri- voting on the adoption of that resolu- corporations from financing terrorism. marily to combat legal, institutional- tion at 5:30 p.m. today. Ensign amendment No. 1374, to require a ized racism against African Americans. report on the use of riot control agents. Also, we resume debate on the De- Title IX of the education amendments Ensign amendment No. 1375, to require a fense authorization bill. As a reminder, of 1972 was passed to prevent discrimi- report on the costs incurred by the Depart- a cloture motion was filed on the De- nation against women and girls in edu- ment of Defense in implementing or sup- fense bill, and under the consent agree- porting resolutions of the United Nations Se- cation. Those laws and others protect curity Council. people from discrimination based on ment all first-degree amendments should be filed at the desk no later Collins amendment No. 1377 (to amend- certain fundamental, unchangeable ment No. 1351), to ensure that certain per- characteristics. If you are not born than 2 p.m. today. sons do not evade or avoid the prohibition Tomorrow we will have a very busy black, you are not going to become imposed under the International Emergency black. But any of us can become dis- morning. Under the agreement reached Economic Powers Act. Durbin amendment No. 1379, to require cer- abled—in an instant. last week, we have a series of votes lined up for Tuesday morning. There tain dietary supplement manufacturers to Today, you may think the ADA is for report certain serious adverse events. other people and other families, but could be as many as five votes starting Hutchison-Nelson of Florida amendment you may think differently by the time early tomorrow morning, and Senators No. 1357, to express the sense of the Senate we celebrate the 16th anniversary of should adjust their schedules to be on with regard to manned space flight. the ADA a year from now. In fact, one or close to the floor tomorrow morn- Thune amendment No. 1389, to postpone in three 20-year-olds today will become ing. the 2005 round of defense base closure and realignment. disabled before the reach retirement Having said that, this will certainly, as I indicated earlier, be a busy week Kennedy amendment No. 1415, to transfer age. funds authorized to be appropriated to the This past year, I have had the privi- as we consider the Defense authoriza- Department of Energy for the National Nu- lege of getting to know an extraor- tion bill, the gun manufacturers liabil- clear Security Administration for weapons dinary American who became disabled ity bill, as well as a number of con- activities and available for the robust nu- doing her job. Her name is Tammy ference reports that may become avail- clear earth penetrator to the Army National Duckworth. She is major in the U.S. able during the week. We certainly Guard, Washington, District of Columbia, hope they will become available. With chapter. Army National Guard. Her job was pi- Allard-McConnell amendment No. 1418, to loting a Black Hawk helicopter in Iraq. the cooperation of all Senators, we can require life cycle cost estimates for the de- Last November, just before Thanks- finish our work in a timely way and ad- struction of lethal chemical munitions under giving, her Black Hawk was shot down journ at the end of the week. the Assembled Chemical Weapons Alter- by a rocket-propelled grenade and she Mr. President, I suggest the absence natives program. lost both of her legs. Although now a of a quorum. Allard-Salazar amendment No. 1419, to au- double amputee, she is determined to The ACTING PRESIDENT pro tem- thorize a program to provide health, medical, and life insurance benefits to workers both walk and fly helicopters again. pore. The clerk will call the roll. The legislative clerk proceded to call at the Rocky Flats Environmental Tech- Thanks to advances in medicine, we nology Site, Colorado, who would otherwise are able to save more people who—15 the roll. fail to qualify for such benefits because of an years ago—would not have survived a Mr. WARNER. Mr. President, I ask early physical completion date. car crash, or bone cancer, or even mili- unanimous consent that the order for Dorgan amendment No. 1426, to express the tary combat. Thank goodness for that. the quorum call be rescinded. sense of the Senate on the declassification As we celebrate the 15th anniversary The ACTING PRESIDENT pro tem- and release to the public of certain portions of the Americans with Disabilities Act, pore. Without objection, it is so or- of the Report of the Joint Inquiry into the dered. Terrorist Attacks of September 11, 2001, and I hope we will commit ourselves as a to urge the President to release information Nation to work to close the gap be- Mr. WARNER. Mr. President, will the regarding sources of foreign support for the tween our medical abilities, and our Chair advise the Senate as to the pend- hijackers involved in the terrorist attacks of mental attitudes. Let us agree that ing business? September 11, 2001. men and women like Tammy f Dorgan amendment No. 1429, to establish a special committee of the Senate to inves- Duckworth, who suffered permanent NATIONAL DEFENSE AUTHORIZA- disabilities, will not be forced to fight tigate the awarding and carrying out of con- TION ACT FOR FISCAL YEAR 2006 tracts to conduct activities in Afghanistan in this country for basic rights and The ACTING PRESIDENT pro tem- and Iraq and to fight the war on terrorism. gainful employment that is worthy of Salazar amendment No. 1421, to rename their skills and talents. Let us commit pore. Under the previous order, the the death gratuity payable for deaths of to work across party lines—as Congress Senate will resume consideration of S. members of the Armed Forces as fallen hero did when it passed the Americans with 1042, which the clerk will report. compensation. Disabilities Act 15 years ago—to fulfill The legislative clerk read as follows: Salazar amendment No. 1422, to provide that certain local educational agencies shall not just the letter but the spirit of this A bill (S. 1042) to authorize appropriations for fiscal year 2006 for military activities of be eligible to receive a fiscal year 2005 pay- important law. ment under section 8002 or 8003 of the Ele- Mr. President, I yield the floor and the Department of Defense, for military construction, and for defense activities of the mentary and Secondary Education Act of suggest the absence of a quorum. Department of Energy, to prescribe per- 1965. Salazar-Reed amendment No. 1423, to pro- The ACTING PRESIDENT pro tem- sonnel strengths for such fiscal year for the vide for Department of Defense support of pore. The clerk will call the roll. Armed Forces, and for other purposes. The legislative clerk proceeded to certain Paralympic sporting events. Pending: call the roll. Mr. WARNER. Mr. President, I am Frist modified amendment No. 1342, to sup- Mr. MCCONNELL. Mr. President, I very pleased the Senate has turned to port certain youth organizations, including this important legislation. It was first ask unanimous consent that the order the Boy Scouts of America and Girl Scouts for the quorum call be rescinded. of America. brought up Wednesday night with ac- The ACTING PRESIDENT pro tem- Inhofe amendment No. 1311, to protect the tivity on Thursday and again on Fri- pore. Without objection, it is so or- economic and energy security of the United day. I thank all those who partici- dered. States. pated.

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.032 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8773 I am reminded that at 2 o’clock the Secretary of Homeland Security of the AMENDMENT NO. 1491 today, all first-degree amendments National Maritime Security Strategy. (Purpose: To prevent retaliation against a need to be filed in view of the pending ‘‘(E) The complete development and imple- member of the Armed Forces for providing cloture motion. This is a motion which mentation by the Secretary of Defense of the testimony about the military value of a Homeland Defense and Civil Support direc- military installation) the distinguished leader, Mr. FRIST, tive. and I will discuss, together with oth- On page 371, between lines 8 and 9, insert ‘‘(F) The receipt by the Committees on the following: ers. It ripens tomorrow morning. So as Armed Services of the Senate and the House SEC. 2887. TESTIMONY BY MEMBERS OF THE a protection, I ask Senators to consider of Representatives of a report submitted by ARMED FORCES IN CONNECTION their own interests in the context that the Secretary of Defense that assesses mili- WITH THE 2005 ROUND OF DEFENSE it could be ripened, but that decision tary installation needs taking into account— BASE CLOSURE AND REALIGNMENT. has not yet been made. ‘‘(i) relevant factors identified through the (a) SENSE OF THE SENATE.—It is the sense of the Senate that the Secretary of Defense At this time, even though the distin- recommendations of the Commission on Re- view of Overseas Military Facility Structure should permit any member of the Armed guished ranking member is not with of the United States; Forces to provide to the Defense Base Clo- me, there is a matter by the Senator ‘‘(ii) the return of the major combat units sure and Realignment Commission testi- from Maine about which I hope she will and assets described in subparagraph (B); mony on the military value of a military in- find the opportunity at this time to ad- ‘‘(iii) relevant factors identified in the re- stallation inside the United States for pur- dress the Senate. I yield the floor. port on the 2005 quadrennial defense review; poses of the consideration by the Commis- The ACTING PRESIDENT pro tem- ‘‘(iv) the National Maritime Security sion of the Secretary’s recommendations for the 2005 round of defense base closure and re- pore. The Senator from Maine. Strategy; and ‘‘(v) the Homeland Defense and Civil Sup- alignment under section 2914(d) of the De- AMENDMENTS NOS. 1489, 1490, AND 1491, EN BLOC port directive. fense Base Closure and Realignment Act of Ms. COLLINS. Mr. President, I thank ‘‘(2) The report required under subpara- 1990 (part A of title XXIX of Public Law 101– the distinguished chairman of the com- graph (F) of paragraph (1) shall be submitted 510; 10 U.S.C. 2687 note). (b) PROTECTION AGAINST RETALIATION.—No mittee for his courtesy. I ask that the not later than one year after the occurrence member of the Armed Forces may be dis- pending amendment be set aside, and of the last action described in subparagraphs charged, demoted, suspended, threatened, on behalf of the Senator from South (A) through (E) of such paragraph. harassed, or in any other manner discrimi- Dakota, Mr. THUNE, I call up three ‘‘(c) ADMINISTRATION.—For purposes of sec- nated against because such member provided amendments that are at the desk. tions 2912, 2913, and 2914, each date in a year or caused to be provided testimony under that is specified in such sections shall be subsection (a). The ACTING PRESIDENT pro tem- deemed to be the same date in the postponed pore. The clerk will report the amend- closure round year, and each reference to a Ms. COLLINS. Mr. President, I ask ments en bloc. fiscal year in such sections shall be deemed unanimous consent that the amend- The legislative clerk read as follows: to be a reference to the fiscal year that is ments now be set aside. The Senator from Maine [Ms. COLLINS], for the number of years after the original fiscal The ACTING PRESIDENT pro tem- Mr. THUNE, proposes amendments numbers year that is equal to the number of years pore. Without objection, it is so or- 1489, 1490, and 1491, en bloc. that the postponed closure round year is dered. after 2005.’’; and Ms. COLLINS. I thank the Chair. The amendments are as follows: (2) in section 2904(b)— Mr. WARNER. Mr. President, before AMENDMENT NO. 1489 (A) in the heading, by striking ‘‘CONGRES- my distinguished colleague leaves the (Purpose: To postpone the 2005 round of SIONAL DISAPPROVAL’’ and inserting ‘‘CON- floor, she had the courtesy, as she al- defense base closure and realignment) GRESSIONAL ACTION’’; ways does, to show me the amend- On page 371, between lines 8 and 9, insert (B) in paragraph (1)— ments. One of them relates to BRAC. the following: (i) in subparagraph (A), by striking ‘‘the date on which the President transmits such The distinguished Senator from South SEC. 2887. POSTPONEMENT OF 2005 ROUND OF Dakota offered a BRAC amendment the DEFENSE BASE CLOSURE AND RE- report’’ and inserting ‘‘the date by which the ALIGNMENT. President is required to transmit such re- other night. I glanced at this one. It The Defense Base Closure and Realignment port’’; and seems to be similar in form, but I have Act of 1990 (part A of title XXIX of Public (ii) in subparagraph (B), by striking ‘‘such not had a chance to examine it. Law 101–510; 10 U.S.C. 2687 note) is amended— report is transmitted’’ and inserting ‘‘such The purpose of my colloquy with the (1) by adding at the end the following: report is required to be transmitted’’; Senator would be to encourage Sen- ‘‘SEC. 2915. POSTPONEMENT OF 2005 ROUND OF (C) by redesignating paragraph (2) as para- ators who are concerned about the im- DEFENSE BASE CLOSURE AND RE- graph (3); portant issues on BRAC to take note ALIGNMENT. (D) by inserting after paragraph (1) the fol- that we had an extensive colloquy be- ‘‘(a) IN GENERAL.—Notwithstanding any lowing new paragraph: tween myself and the distinguished other provision of this part, the round of de- ‘‘(2) The Secretary may not carry out any closure or realignment recommended by the Senator from South Dakota, with the fense base closure and realignment otherwise Senator from Michigan, the ranking scheduled to occur under this part in 2005 by Commission in a report transmitted from the reasons of sections 2912, 2913, and 2914 shall President pursuant to section 2903(e) if a rec- member joining in, the other evening occur instead in the year following the year ommendation for such closure or realign- on the subject. I hope that other Sen- in which the last of the actions described in ment is specified as disapproved by Congress ators who may be cosponsors or other- subsection (b) occurs (in this section referred in a joint resolution partially disapproving wise interested in this issue will find to as the ‘postponed closure round year’). the recommendations of the Commission the opportunity to examine the origi- ‘‘(b) ACTIONS REQUIRED BEFORE BASE CLO- that is enacted before the earlier of— nal amendment and this amendment SURE ROUND.—(1) The actions referred to in ‘‘(A) the end of the 45-day period beginning and that we hopefully today can have a subsection (a) are the following actions: on the date by which the President is re- continuation of this important debate ‘‘(A) The complete analysis, consideration, quired to transmit such report; or ‘‘(B) the adjournment of Congress sine die on the issues relating to BRAC which and, where appropriate, implementation by are of great concern to a number of col- the Secretary of Defense of the recommenda- for the session during which such report is tions of the Commission on Review of Over- required to be transmitted.’’; and leagues. seas Military Facility Structure of the (E) in paragraph (3), as redsignated by sub- Ms. COLLINS. Mr. President, I would United States. paragraph (C), by striking ‘‘paragraph (1)’’ accept the comments of the distin- ‘‘(B) The return from deployment in the and inserting ‘‘paragraphs (1) and (2)’’. guished chairman of the committee. Iraq theater of operations of substantially AMENDMENT NO. 1490 This is a very important issue to many all (as determined by the Secretary of De- (Purpose: To require the Secretary of the Air of us. I understand the chairman and fense) major combat units and assets of the Force to develop and implement a national the ranking member did debate this Armed Forces. space radar system capable of employing issue at some length last week. I am ‘‘(C) The receipt by the Committees on at least two frequencies) sure the chairman is correct in saying Armed Services of the Senate and the House At the end of subtitle B of title IX, add the we would all benefit from reading that of Representatives of the report on the quad- colloquy as we prepare to debate these rennial defense review required to be sub- following: mitted in 2006 by the Secretary of Defense SEC. 912. NATIONAL SPACE RADAR SYSTEM. issues further and ultimately cast our under section 118(d) of title 10, United States The Secretary of the Air Force shall pro- votes. Code. ceed with the development and implementa- Mr. WARNER. I thank my distin- ‘‘(D) The complete development and imple- tion of a national space radar system that guished colleague. I do bring to the at- mentation by the Secretary of Defense and employs at least two frequencies. tention of colleagues that today is a

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.009 S25JYPT1 S8774 CONGRESSIONAL RECORD — SENATE July 25, 2005 good opportunity for debate such that nize the fact that a more immediate bring them up to levels of security and we can have a vote on it as quickly as threat to the United States rests with safety that we would feel confident this the proposers and others think it is ap- literally thousands of locations where nuclear material would not be stolen, propriate. nuclear material might be housed from misplaced or somehow find itself in the Ms. COLLINS. Mr. President, I yield the breakup of the old Soviet Union, world community. the floor. and other locations that need attention The Defense Department only ex- Mr. WARNER. I suggest the absence with respect to the reduction of these pected work to be scheduled on one or of a quorum. materials. I believe the greatest threat two sites in fiscal year 2006 so they The ACTING PRESIDENT pro tem- we face in this country is the fact budgeted approximately $60 million in pore. The clerk will call the roll. that—hopefully not, but the situation the process. But then in February, The legislative clerk proceeded to where a terrorist might gain control of when President Bush and President call the roll. these materials, bring them into this Putin met at the summit in Bratislava, Mr. REED. Mr. President, I ask unan- country and use them with devastating Slovakia, the two agreed on a way to imous consent that the order for the effect. address security upgrades at 15 key nu- quorum call be rescinded. So this amendment recognizes the clear weapons sites. With this agree- The PRESIDING OFFICER (Mr. most immediate threat comes from ment, we have the opportunity to ac- DEMINT). Without objection, it is so these materials and therefore is put- complish in 2 years what we thought ordered. ting additional resources from the Na- would take 10. AMENDMENT NO. 1492 tional Missile Defense Program, mod- The issue, of course, is funding. The Mr. REED. Mr. President, I call up an est changes, to approach this major ef- total cost of these upgrades is approxi- amendment that Senator LEVIN has of- fort with respect to cooperative threat mately $350 million. With this amend- fered, which is at the desk. reduction. ment, we are adding $50 million to this The PRESIDING OFFICER. Without The funds would come from our project, which is not the total needed objection, the pending amendments are ground-based midcourse defense sys- but will allow for a good start. Again, set aside. tem. The interceptors and silos where this is a huge breakthrough that oc- The clerk will report. the offsets occur are now currently curred after the President’s budget The legislative clerk read as follows: being deployed at Fort Greely, AK, and submission. It is a major opportunity The Senator from Rhode Island [Mr. REED], Vandenberg Air Force Base in Cali- we simply must take advantage of. for Mr. LEVIN, for himself, and Mr. REED pro- fornia. Because of recent develop- As I have indicated before, the proposes an amendment numbered 1492. ments, we have an opportunity to ad- posal of Senator LEVIN is to move this Mr. REED. Mr. President, I ask unan- dress the critical issue of loose nukes $50 million into cooperative threat re- imous consent that the reading of the by transferring these funds. I would duction from the National Missile De- amendment be dispensed with. argue this is a most worthy cause. The fense Program. I think it is useful to The PRESIDING OFFICER. Without offset will not affect the missile de- look at this program to indicate where objection, it is so ordered. fense system at all. In fact, as we un- these transfers are possible, available, The amendment is as follows: derstand it, in the last several months and even desirable. (Purpose: To make available, with an offset, the missile defense system has been re- When President Bush first took office an additional $50,000,000 for Operation and evaluating itself, looking at whether in 2001, he made missile defense one of Maintenance for Cooperative Threat Re- his highest priorities. In May 2000, duction) the technical issues are challenging, in fact, and have not conducted tests as President Bush said America must At the end of subtitle C of title II, add the build effective missile defense based on following: they thought they could over the last the best available options at the ear- SEC. 330. ADDITIONAL AMOUNT FOR COOPERA- several months. So I think now is the TIVE THREAT REDUCTION PRO- opportune time to put more resources liest possible date. Missile defense GRAMS. in cooperative threat reduction. must be designed to protect all 50 (a) INCREASED AMOUNT FOR OPERATION AND We are all aware, as I have men- States, our friends, allies, and deployed MAINTENANCE, COOPERATIVE THREAT REDUC- tioned before, that the greatest threat forces overseas from missile attacks by TION PROGRAMS.—The amount authorized to to us today is the possibility that ter- rogue nations or accidental launches. be appropriated by section 301(19) for the Co- President Bush’s first major action was operative Threat Reduction programs is rorists will acquire nuclear weapons or hereby increased by $50,000,000. nuclear material and use it with dev- to significantly increase funding for (b) OFFSET.—Of the amount authorized to astating effect against us. Of course, missile defense. be appropriated by section 201(4) for re- one country with enormous amounts of Since fiscal year 2002, approximately search, development, test, and evaluation, this nuclear material is Russia. $45 billion, including fiscal year 2006 re- Defense-wide activities, is hereby reduced by It is estimated that Russia has ap- quests, has been provided for missile $50,000,000, with the amount of the reduction proximately 16,000 nuclear weapons defense. That is $45 billion and here we to be allocated as follows: stored at between 150 and 210 sites. are talking about a transfer of $50 mil- (1) The amount available in Program Ele- lion from that huge program. This ment 0603882C for long lead procurement of While that is a significant reduction Ground-Based Interceptors is hereby reduced from the 40,000 weapons at the end of amount is half of what has been spent by $30,000,000. the Cold War, it is still a huge number on missile defense since President (2) The amount available for initial con- of weapons and also a large number of Reagan launched the Strategic Defense struction of associated silos is hereby re- storage sites. Initiative in 1984. We have seen a huge duced by $20,000,000. Indeed, there is some imprecision acceleration of funding with respect to Mr. REED. Mr. President, this about where all the sites might be. Of missile defense. Another aspect of amendment was offered by Senator course, we have also heard reports of President Bush’s plan for missile de- LEVIN and myself would do several very potential sites for, if not nuclear mate- fense was that the systems would be critical and important things. First, rial, other dangerous material in developed and acquired under an ap- the amendment would increase funding former components of the Soviet proach called spiral development. As for the Cooperative Threat Reduction Union, the newly independent states. the Congressional Research Service Program by $50 million. The offset So this is a challenging issue we have succinctly summarizes: A major con- would be twofold: $30 million would be to face. sequence of the administration’s pro- taken from the long lead procurement Only about 25 percent of the total posed evolutionary acquisition strat- of ground-based interceptors as part of number of weapons sites have received egy is that the Missile Defense Pro- the National Missile Defense Program any upgrades in the past five years. gram would not feature the familiar and another $20 million would be taken Many of them still lack adequate secu- phases and milestones of the tradi- from the funding for initial construc- rity and safeguards. At the rate tional DOD acquisition system. An- tion for silos to house these intercep- planned for in the fiscal year 2006 budg- other consequence is the Missile De- tors. et request, it would be around 2011 or fense Agency cannot provide Congress Essentially what Senator LEVIN is 2012 before the work at only a portion with a description of its final missile doing with this provision is to recog- of the sites would be completed to defense architecture, the capabilities

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.011 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8775 on any near or longer term system, the volve a real missile defense interceptor Due to the lack of application of a few specific dates by which most elements hitting a real target missile. These well-known verification specification and of the emerging architecture are to be tests are the only means to truly as- standards by the GMD program, failure evidence suggests that some problems might tested and deployed, or an estimate of sess whether a missile defense system have been during the launch. The team feels the eventual costs of the Missile De- has the chance of working against a that considerable opportunity exists to im- fense Program. real enemy missile. There is nothing prove the confidence in the reliability of So President Bush’s plan was to elaborate or sensational in this propo- hardware and software by adopting industry spend an enormous amount of money sition. In order to see if a system best practices that exist as specification and in a short period of time with little works, one has to take it out and use standards. plan and no traditional checks and bal- it. One missile has to be fired against In effect saying, we have to have re- ances with respect to traditional pro- another missile and knock down the in- quirements, we have to have standards, curement programs. truding missile. If that is done with we have to have specifications, we have This program has, in fact, come enough frequency and enough con- to be able to measure this program and under self-generated pressures. Tests fidence, then the system is ready to go. its components before we rush to de- that were proposed to be conducted The first intercept flight test of the ploy it, much of it echoing comments over the last several months have been system was conducted in December 2002 made on this floor by myself and many postponed and cancelled. There is a and it failed. Six days after that test others. hard relook at the technology. There is failure, President Bush announced the The team report further states: potential here, but certainly there is United States would deploy the missile There are not enough ground tests avail- not the kind of progress that would defense system. Usually such an- able to verify/validate system operational justify the robust spending to date and nouncements are reserved for success, performance and reliability. The Joint Pro- certainly not indicate that they need gram office should consider redirecting some not failure. In effect, it is almost like production assets for ground tests to gain a an additional $50 million to keep doing looking at a new, expensive jet fighter higher confidence in the GMD system per- what they are doing. prototype going down the way, mal- formance. In the past, we have looked very functioning and then turning around The GMD review team would again carefully at this program of national and saying let us buy a lot of them, let recommend, in their words: defense. Like so many others, I believe us put them in the sky. That is not The Ground-based Midcourse Defense Pro- if we can produce—and I think we can what most people believe is the appro- gram enter a new phase focused on Perform- ultimately—a workable system to propriate criteria for being operational. ance and Reliability Verification, in which tect this country, protect its allies, our Over the next 2 years, seven other Missile Defense Agencies make tests and troops in the field, we have to do that, planned tests were cancelled. Yet, in mission success the primary objective. The but we have to do it with deliberate September 2004, the system was de- new phase should validate the technical speed, and I would emphasize delib- clared nearly operational, with six baseline and should be event driven rather than schedule driven. erate speed, not all-out haste, which interceptors at Fort Greely, AK, and generally means waste. two interceptors at Vandenberg Air In effect, build on success, don’t build I believe we should pursue this sys- Force Base. Three months later, in De- based on schedule. tem, but I also believe we should take cember 2004, the Missile Defense Agen- General Obering also requested Rear Admi- the time to determine that the tech- cy then conducted the only second in- ral Kate Paige to direct a Mission Readiness nology, which is extraordinarily com- Task Force to study the review team’s rec- tegrated flight test on a multibillion ommendations and put the program on a plex, is mature and effective. So begin- system. It too failed, and the system path to flight test and management success. ning in 2002, I offered amendments was now described as operational in the The Mission readiness task force, under which I felt would improve the Missile near future. the Admiral, made the following rec- Defense Program. In the fiscal year On February 14, there was another in- ommendation: Four interceptors previously 2003 bill, I introduced an amendment tegrated flight test and it too failed. planned for near-term operational deploy- requiring a report on flight testing of After these three consecutive failures, ment will be diverted to serve as ground test the ground-based midcourse defense, or missiles. There will be a significant increase Lieutenant General Obering, director in ground testing of all systems, compo- the GMD, system. In fiscal year 2004, I of the Missile Defense Agency, estab- nents, and processes before resuming flight offered an amendment which would di- lished an independent review team to testing. Contractors will be held accountable rect that the Missile Defense Agency examine test failures and recommend for their performance. The first flight test provide information on procurement, steps for improving the test program. will not be an intercept test and the first performance criteria, and operational The team made some very interesting intercept test will not take place for more test plans for ballistic missile defense observations. than a year. programs. In fiscal year 2005, I intro- First, I believe they confirmed sus- Let me commend General Obering duced an amendment requiring oper- picions that there was a rush to de- and the Missile Defense Agency for im- ationally realistic testing and inde- ployment, a rush not justified by the plementing these recommendations. I pendent evaluation of the ballistic mis- technology, its maturity, and by the believe they will go a long way toward sile defense system. operational techniques that were nec- improving the missile defense system, All of these amendments were modi- essary to deploy it, but simply to get it an objective we all share. However, I fied by the majority. Then they were deployed. The team report states: note these recommendations sound passed. Indeed, it is unclear if they There were several issues that led to the very familiar and one could only con- were not modified whether they would flight test failures of the Integrated Flight template how much effort and money have passed. Tests . . . With the focus on rapid deploy- would have been saved if we had ap- Furthermore, when the Missile De- ment of the Ground-based Midcourse Defense proached the system this way from the fense Agency met these requirements, system, there was not always adequate op- beginning—not rushing to failure, but in many instances details and quality portunity to fully ground test the system building for success. prior to each flight attempt. Again, skipping There are presently six ground-based of reporting were lacking. For the most over critical steps to rush to a deployment. part, the Missile Defense Agency has The team also found: interceptors in silos at Fort Greely and been doing what it wants to do with Schedule has been the key challenge that two in silos at Vandenberg Air Force very little detailed supervision by the drives daily decision making and planning in base. The administration also re- Congress and it has led to a situation the program. quested, and the Congress has already now where the program is being seri- Not the technological maturity of approved, most of the funding for these ously looked at. We certainly have not the system, not technical issues, but 30 interceptors. As I have noted, there made the kind of technological break- schedule was driving the technology, has yet to be a successful flight test of through which was anticipated. One not the other way around. these interceptors, so we are already thing is certain, we have spent a great The independent review team also buying an additional 30 interceptors deal of money in this pursuit. took issue with the spiral development when we do not know how to make the Now, where we are today, interceptor and lack of testing. Again, in their first 6 work. I think a responsible ap- tests are the critical tests which in- words: proach is to slow the allocation of

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.013 S25JYPT1 S8776 CONGRESSIONAL RECORD — SENATE July 25, 2005 funds for the procurement of these ator would correct me, if not now, per- these sites and got into the hands of ir- interceptors until they are proven haps one of your staff members, in due responsible people, it would be serious. operational and to use that funding for course, could assist. The Senate should Mr. WARNER. I agree with the Sen- more pressing needs. This amendment know there is $500 million of unspent ator’s premise but I wouldn’t want does that. 2005 money in the CTR program. The Senators to believe that, if I am cor- The President’s budget request seeks amendment would take this program, rect, the shortage of money is in CTR. long-lead funding for 10 operational which as you point out has some test I am informed there is, in the bank, interceptors and 8 flight test intercep- problems, and to give it the body blow $500 million of 2005 unexpended funds. tors, 18 missiles in all. However, the ac- this amendment would render, for $50 Does the Senator want to address that tual production rate capacity for the million will virtually cause a very se- now? interceptors is 1 per month, or 12 per vere perturbation in the production Mr. REED. I could say, Mr. Presi- year. That means the Defense Depart- line. The Senator is familiar with how dent, we will try to determine this, but ment is seeking funds for more missiles the production lines work. There are unexpended does not mean that it is than they can build in 1 year. There is estimates of cost up to as much as $270 not committed. Some of these funds no need to pay for more interceptors million to restart the line at some could in fact be committed to specific than can be built in 1 year. point in the future. But with $500 mil- sites already so that money can’t be Instead, we can provide 1 year’s lion for 2005 unexpended in CTR, I spent again elsewhere. We will try to worth of funding for 1 year’s worth of hope, if colleagues look at this amend- get a number on that. missiles—12 instead of 18. This amendment fairly and practically, maybe But the scale of the problem, the ment will not cause a break in the pro- judge it on the merits—the use of these number of sites—it is in the order, just duction line. funds, to me, is not a justification for within Russia, of 200 sites. I also note the House Armed Services supporting the amendment. Mr. WARNER. I am a big supporter Committee, in its fiscal year 2006 De- Mr. REED. I thank the Chairman for of CTR. I happened to be in the room fense authorization bill, reduced the the question. My understanding is that on the day CTR was born—by Sam long-lead funding for five of the oper- the production cycle for the system, Nunn. I will never forget it. I have fol- ational interceptors. The administra- these interceptors, is 12 per year. Yet lowed the program. I have been a sup- tion has not indicated that the pro- the budget is asking for more than porter. I think there is quite a bit of posed reduction would cause any seri- that. So I don’t think taking $50 mil- funding in this budget for CTR right ous problems for the program. lion—as I understand the amendment, now. I point out, if the Senator is per- I also want to state that the Presi- $30 million taken from long-lead, suaded by the fact that CTR needs the dent’s budget request includes $53 mil- ground-based interceptors—taking $30 money more than the missile pro- lion in long-lead funding for eight test million away I do not think would gram—and I will argue the point stren- missiles. It is essential to produce mis- upset the production line schedule. uously that is not the case—there is siles for testing. This amendment There is no intent to do that, and I quite a bit of money. We are way into would not reduce that funding for the think the effect would not be to do the 2005 cycle. As a matter of fact, Sep- test missiles at all. We realize we are that also. tember is on the horizon. in the test phase. The problem becomes With respect to your point, which I So I hope the Senator could carefully we are attempting to buy operational think is well taken, about the buildup research that point, come back, and if missiles before we are sure the test in funds in the comprehensive threat I am in error, I would certainly like to missiles will really work. That, I reduction, some of that—we will check hear his views. think, is at the heart of much of the more dutifully—but some of that to my I point out the current bill is con- criticism. knowledge is the result of the inability sistent with the President’s program Our missile defense systems are to agree on a way to deal with some of that allocated $50 million toward this robustly funded in this bill with about these sites. We hope that difficulty has next tranche of the long-lead, cumu- $7 billion. What this amendment does been substantially reduced by Presi- lative money for ground-based inter- is take money that cannot even be dent Bush and President Putin’s dis- ceptors. If you take $30 million out of spent this year and allocate it to a new cussion in Bratislava. Now that they the $50 million, I assure you, that does opportunity to prevent loose nukes, have agreed on a framework, they can considerable disruption to the produc- which is truly an imminent threat, an start applying this money. tion line. existential threat to this country. This Also, again, I think this money Then I point out the amount avail- amendment, which enhances security would be well spent, would not disrupt able for construction of associated by funding one program without caus- the production of the missile systems, silos, reduced by $20 million. I wonder ing any harm to another program, is a and just the sheer scale—this is $50 if you might take the chance to check win-win situation, and I urge my col- million total, $30 million from the on the fact that the President’s budget leagues to support this amendment. ground-based interceptors, $20 million in this bill only allocates $13.5 million We are trying to exploit a diplomatic for initial construction of silos and to the initial construction of the asso- breakthrough that was engineered by housing for the interceptors—again, ciated silos, and therefore your $20 mil- President Bush in his meeting with this is truly long-lead procurement. We lion is considerably in excess of the President Putin that allows the expan- have, in my view, and I believe that of $13.5 million. sion, rapidly, of inspection and secur- Senator LEVIN, much more of a prob- Mr. REED. Mr. President, my infor- ing of sites in the former Soviet Union lem in the site in Russia that contains mation indicates the fiscal year 2006 and Russia. We are taking a truly mod- the nuclear materials. budget for expansion, there is $20.682 est amount of money, given about $6 or We have all heard the horror stories million. I will ask my staff to coordi- $7 billion for overall missile defense, of people being able to walk in, walk nate with your staff. and using that to try to prevent the around, and walk out of these sites Mr. WARNER. We will have our proliferation of nuclear weapons and without anybody interfering with staffs check those figures. I thank the nuclear materials across the globe, them—no electronic equipment or sen- Senator. which is the most serious threat that sors that would detect or report their Mr. President, I would like to vigor- we face as a nation. presence to anyone’s attention. So our ously oppose this amendment for the Mr. WARNER. Mr. President, if I view—my view, speaking for myself—is following reasons. The impact of the might ask my distinguished colleague that this money could be much better amendment would be, first and fore- a question or two. We are all good, spent, without disrupting the missile most, to send a message that we are strong supporters of the CTR program. defense program, by applying it to not supporting, as a nation, whole- But I am informed that you are taking comprehensive threat reduction. heartedly the ballistic missile defense $50 million from the missiles. I will ad- Frankly, $500 million is an impres- capabilities to defend ourselves. It is dress that question momentarily. But I sive amount of money that has not yet clear North Korea has capabilities. think the Senate should know this— been spent, but we all recognize, if any This program was engendered in large and I ask if I am in error, if the Sen- of this material made its way outside measure, and accelerated in large

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.014 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8777 measure because of the threat posed by it, commissioned the Independent Re- capability to develop an interconti- North Korea. view Team, called the IRT, to examine nental ballistic missile, ICBM, by 2015. I noted here recently that Japan is the recent GMD test failures. The IRT We simply can’t wait until the threat now building its missile defense sys- found, one, that no fundamental GMD is upon us to deploy missile defenses; tem. So it is not that the United States system design flaws are related to the we can’t wait until the GMD system is alone, in the world of nations, con- recent test failures. Moreover, this fully and completely tested before we siders it a threat; other nations con- independent panel found no evidence start providing some measure of pro- sider the North Korean capabilities a that major modifications of the cur- tection against this threat. It is our re- threat. It is correct we have had these rent system hardware or software will sponsibility to field what capabilities test bans, but the failures that more or be required. In other words, it is un- currently exist, even while we continue less have been in the mechanical likely that future testing will find to test and improve the system. By phase—somehow the missile is adjusted some major fault in the system that continuing to field missile defenses in its launch pad as opposed to the ac- will require costly retrofit to the al- today, we send a message to potential tual failure of the missile itself. And ready fielded and those in production adversaries that we will not be de- then I will address this question of the line of the GBIs. terred or coerced by their possession of break in production which could re- For those of my colleagues concerned long-range ballistic missiles. sult—assuming the program is re- about testing, I point out that this bill In summary, I ask my colleagues to started in its full measure—maybe up before you contains a provision—devel- reject the amendment offered by Sen- to $270 million is one estimate I have oped in a bipartisan fashion during the ator LEVIN. This amendment would been given to restart it. committee’s markup—which requires needlessly delay the fielding of a bal- Again, I agree with the sponsors of the Missile Defense Agency, the service listic missile defense capability to pro- the amendment that the Cooperative operational test agencies, and the Di- tect the homeland. As the Commander Threat Reduction Program is an im- rector of Operational Test and Evalua- of STRATCOM warns, the threat is portant national security issue for the tion to plan and conduct tests that real. We must continue on the current defense of our homeland against the demonstrate the operational capability path of fielding available capabilities— growing threats. But asking us to of the ballistic missile defense system. even while testing continues to im- choose between missile protection and The bill also reallocates $100 million prove the system over time. CTR is a false choice. We need both. from longer-term development efforts The PRESIDING OFFICER. The Sen- This bill funds the President’s re- to GMD testing, consistent with the ator from Utah. quested amount fully for both pro- recommendations of the Independent Mr. HATCH. Mr. President I express grams. Review Team. my gratitude to the distinguished The bill before the Senate authorizes The current and growing threat chairman and other members of the the requested amount of $415.5 million posed to our country by long-range bal- Senate Committee on Armed Services for CTR programs within the Depart- listic missiles argues for proceeding for the work they do. The chairman ment of Defense and $1.6 billion for without delay with the Department’s has worked long and hard to try to other nonproliferation efforts in the approach of concurrent testing and bring this bill to the Senate floor and Department of Energy. There is a very fielding of ballistic missile defense ca- do things in the best interest of our strong recognition in this bill before pabilities for the homeland. country, and others have worked with the Senate, the authorization bill, of Some of my colleagues suggest that him. I appreciate that. the importance of CTR. There is no because the current system is not fully Mr. HATCH. Mr. President, I rise current need for extra CTR funds. That proven, we should not procure addi- today as an ardent supporter of the is our basic proposition. They have in tional missile interceptors. To this I F/A–22 Raptor. I am pleased that the the bank very substantial amounts would respond that General Cart- Armed Services Committee has agreed from 2005. They are unexpended. wright, Commander of U.S. Strategic to authorize appropriations for 24 F/A– Whether they have been committed, I Command—the senior military official 22 Raptors. However, I am deeply trou- will have that checked. With a backlog charged with advising the Secretary of bled that the Department of Defense that large and only roughly 70 days left Defense and the President on missile has made the decision to only purchase in the fiscal year—that is an awful lot defense matters—has testified, with re- this extraordinary aircraft through fis- of money if someone is going to try to spect to the current GMD system, that cal year 2008, in effect, limiting the commit it and expend it in that period ‘‘in an emergency, we are in fact in the number of Raptors to 180. This is far of time. position that we are confident that we below the 381 aircraft that the Air The President’s budget for missile de- can operate and employ it.’’ Force has repeatedly stated are re- fense, on the other hand, has already In addition, the Pentagon’s chief quired for that service to meet its re- taken a considerable amount of cuts. independent weapons tester, the Direc- sponsibilities as outlined in the Na- Due to last-minute decisions made at tor for Operational Test and Evalua- tional Defense Strategy. the Department of Defense as the fiscal tion, noted in his most recent Annual Over the past year and half, I have year 2006 budget was being finalized, Report to Congress that ‘‘the test bed made two trips, to be briefed on the ca- the missile defense budget request was architecture is now in place and should pabilities of this extraordinary air- reduced by $1 billion in 2006 and $5 bil- have some limited capability to defend craft. The first was to Tyndall Air lion overall between 2006 and 2011. against a threat missile from North Force Base, FL, where our pilots are The sponsors of this amendment Korea.’’ learning to fly the Raptor and second argue we should not provide long-lead In my view, it is a good thing that we to Langley Air Force, VA, where the funding for the GBI missiles 31 to 40 be- have some capability—albeit limited— first operational F/A–22 units will be cause of test failures. I am mindful of to defend the homeland against long- based. As a result of these meetings the recent difficulties encountered by range missiles. For as General Cart- and discussions with the pilots who are the GMD system test program, but it is wright testified before the Senate training to fly the aircraft and the my view and that of the Department— Armed Services Committee in April, ground personnel who are learning to and, indeed, independent authorities ‘‘we have a realistic threat here; we maintain the Raptor, I have come to have looked at this problem—that have an imperative.’’ conclusion that purchasing sufficient these difficulties do not represent seri- General Cartwright is referring to numbers of Raptors is absolutely vital ous technological hurdles by the GMD CIA and DIA estimates that the North to our national security. program. Indeed, such problems are to Korean Taepo-Dong 2 ballistic missile Over the past 30 years, the United be expected during the R&D and devel- is capable of reaching the United States has been able to maintain air opment phase of complicated weapons States with a nuclear warhead—and superiority in every conflict largely systems. that North Korea could resume flight due to the F–15C. However, with the To get at the root cause of the test- testing of the Taepo-Dong 2 at any great advancements in technology over ing problems, the Director of the Mis- time. The Defense Intelligence Agency the past several years, the F–15 has sile Defense Agency, to his great cred- also estimates that Iran will have the struggled to keep pace. For example,

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.016 S25JYPT1 S8778 CONGRESSIONAL RECORD — SENATE July 25, 2005 the F–15 is not a stealth aircraft and It should also be noted that—for a I am also pleased to state that recent its computer systems are based on ob- comparably cheap price—an adversary articles in the media report that the solete technology. My colleagues can purchase the Russian SA–20 sur- ‘‘fly-away’’ price for an F/A–22 is now should remember that the F–15 first face-to-air missile. This system has an approximately $130 million, down from flew in the early 1970s. During the en- effective range of approximately 120 $185 million an aircraft. Officials of the suing years, nations have been consist- nautical miles and can engage targets manufacturer are quoted as saying ently developing new aircraft and mis- at greater then 100,000 feet, much high- that each new lot of Raptors costs on sile systems to defeat this fighter. er then the service ceiling of any exist- average 13 percent less than its prede- Realizing that the F–15 would need a ing American fighter or bomber. The cessor. The manufacturer also believes replacement, the Air Force developed Russians have also developed a family that this price can be further brought the F/A–22 Raptor. The result is a truly of highly maneuverable fighters, the down to the $110 million range. Now, of remarkable aircraft. Su–30 and 35s, which have been sold to course, this is still a lot of money. The F/A–22 has greater stealth capa- such nations as China. Of further im- However, when compared to similar bilities than the F–117 Nighthawk. This port, 59 other nations have fourth gen- aircraft such as the nonstealth is a powerful attribute when one re- eration fighters. Eurofighter, which cost approximately members that it was the Nighthawk’s It has also been widely reported in $110 million an aircraft, coupled with stealth characteristics that enabled the aviation media that the F–15C, our the estimated cost, as high as $90 mil- that aircraft to penetrate the inte- current air superiority fighter, is not lion, for a new F–15, one easily con- grated air defenses of Baghdad during as maneuverable as newer Russian air- clude that the F/A–22 is much better the first night of the 1991 gulf war. craft, especially the Su–35. However, deal then its critics contend. The Raptor is also equipped with the F/A–22 is designed to defeat an in- I wish to reiterate a point that is super-cruise engines. These engines do tegrated air defense system. By uti- deeply troubling. I have always lis- not need to go to after-burner in order lizing its stealth capability, the F/A–22 tened very closely when our service- to achieve supersonic flight. This pro- can penetrate an enemy’s airspace un- members have outlined their equip- vides the F/A–22 with a strategic ad- detected and, when modified, independ- ment requirements based upon the na- vantage by enabling supersonic speeds ently hunt for mobile surface-to-air tional security goals that our Govern- to be maintained for a far greater missile systems. Once detected, the F/ ment has outlined. As I have studied length of time. By comparison, all A–22 would then be able to drop bombs this issue, I have been struck by the other fighters require their engines and on those targets. Some, correctly state unanimous opinion of all the members these are foreign fighters, as well—to that the B–2 bomber and the F–117 of the Air Force to whom I have spo- go to after-burner to achieve super- could handle these assignments. How- ken. sonic speeds. This consumes a tremen- ever, the F/A–22 offers the additional What is their expert opinion? That if dous amount of fuel and greatly limits capability of being able to engage an the Air Force is to succeed in the tasks an aircraft’s range. enemy’s air superiority fighters such outlined in our National Defense Strat- The F/A–22 is also the most maneu- as the widely proficient Su–35. There- egy that they require additional F/A–22 verable fighter flying today. This is of fore, the Raptor will be able to defeat, aircraft. particular importance when encoun- almost simultaneously, two very dif- I should also add that this is not just tering newer Russian-made aircraft ferent threats that until now have been the opinion of those stationed here in which boast a highly impressive ma- handled by two different types of air- Washington but the opinion of the pi- neuver capability. craft. lots and ground crew in the field such Yet a further advantage resides in I should like point out that these po- as those of Tyndall Air Force Base and the F/A–22’s radar and avionics. When tential threats are not just future con- Langley Air Force Base. They were entering hostile airspace, one F/A–22 cerns, but they are here today. For ex- truly excited about the F/A–22 Raptor’s can energize its radar system, enabling ample, last year the Air Force con- potential. it to detect and engage enemy fighters ducted an exercise called Cope India, as They understand that this aircraft far before an enemy’s system effective part of our effort to strengthen rela- will ensure American dominance of the range. tions with India. The Indian Air Force skies for the next half century. However, one of the most important has a number of Su-30 MKKs, an air- These young men and women stand capabilities of the Raptor is often the craft which is very similar to a version ready to sacrifice so much for us, we most misunderstood. Many critics of of aircraft sold in large quantities to owe them the best that our country has the program state that, since much of the People’s Republic of China. During to offer. Therefore, I respectfully urge the design work for this aircraft was this exercise, it has been widely re- my friends in the Department of De- performed during the Cold War, it does ported in the aviation and defense fense to rethink their plans for this not meet the requirements of the fu- media that the Indian Air Force’s Su- aircraft and provide our warfighters ture, I believe that this criticism is 30s won a number of engagements when sufficient numbers of this remarkable misplaced. The F/A–22 is more than training against our Air Force’s F–15s. fighter/bomber. just a fighter, it is also a bomber. In its So let me be clear on this point: a de- I ask that the pending amendment be existing configuration it is able to veloping nation’s air force was able to set aside so I can call up another carry two 1,000 pound GPS-guided defeat the F–15. This was a stunning amendment. JDAM bombs and the aircraft will also event and one that requires our imme- The PRESIDING OFFICER. Without be able to carry the Small Diameter diate attention. objection, it is so ordered. Bomb. In 2008, the F/A–22’s radar sys- Despite the obvious advantages, and AMENDMENT NO. 1516 tem will be enhanced with a ‘‘look- now necessity, of this aircraft, the De- Mr. HATCH. I send an amendment to down’’ mode enabling the Raptor to partment of Defense has made the deci- the desk and ask for its immediate con- independently hunt for targets on the sion to purchase only 180 F/A–22s. sideration. ground. Some argue that the cost of this air- The PRESIDING OFFICER. The All of these capabilities are nec- craft is too high. clerk will report. essary to fight what is quickly emerg- In response, the supporters of the The assistant legislative clerk read ing as ‘‘the’’ threat of the future—the F/A–22 devised a new procurement as follows: anti-access integrated air defense sys- strategy called ‘‘Buy to Budget.’’ This The Senator from Utah [Mr. HATCH], for tem. Integrated air defenses include strategy capped the total cost for the himself, Mr. INHOFE, Mr. BENNETT, and Mr. both surface to air missiles and fight- procurement of the aircraft and forced CHAMBLISS, proposes an amendment num- ers deployed in such a fashion as to le- the Air Force and the Raptor’s primary bered 1516. verage the strengths of both systems. contractor, Lockheed Martin, to cut Mr. HATCH. I ask unanimous consent Such a system could pose a very real the cost of plane. These efforts have so that the reading of the amendment be possibility of denying U.S. aircraft ac- far been successful, and two years ago dispensed with. cess to strategically important regions an additional F/A–22 was procured sole- The PRESIDING OFFICER. Without during future conflicts. ly based upon savings. objection, it is so ordered.

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.021 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8779 The amendment is as follows: meet the unique sustainment chal- nance lines have achieved and sus- (Purpose: To express the sense of the Senate lenges faced by a nation that harnesses tained 100-percent on-time delivery regarding the investment of funds as called the advantages of technology on the rates, a large extent due to the effi- for in the Depot Maintenance Strategy and battlefield. It bears remembering that ciencies created by lean techniques. Master Plan of the Air Force) one of our Nation’s primary means of When you tour our depots, you can On page 66, after line 22, insert the fol- maintaining this advantage is through sense the excitement and renewed pride lowing: the integrated sustainment support the workers have, in part, because of SEC. 330. SENSE OF THE SENATE REGARDING provided by the Air Force’s depots. the lean processes and the new tools DEPOT MAINTENANCE. This is true for the maintenance of tac- and infrastructure provided by the (a) FINDINGS.—The Senate finds that— (1) the Depot Maintenance Strategy and tical aircraft, such as the F–16 and A– funds allocated by the Depot Strategy Master Plan of the Air Force reflects the es- 10, which is performed in my home which make lean possible. This has sential requirements for the Air Force to State of Utah at Hill Air Force Base. truly been a successful investment. maintain a ready and controlled source of or- Tactical aircraft require this level of Another example of how the funds al- ganic technical competence, thereby ensur- maintenance due to the stress caused located under the Depot Strategy are ing an effective and timely response to na- by supersonic flight and high-g turns. assisting the war fighter while pro- tional defense contingencies and emergency Our tanker and airlift fleets also re- viding value to the taxpayer can be requirements; quire this level of service due to corro- found in a project in this year’s De- (2) since the publication of the Depot Main- fense authorization bill. Hill Air Force tenance Strategy and Master Plan of the Air sion and metal fatigue. Force in 2002, the service has made great Equally impressive, this support is Base is home to one of only two Car- progress toward modernizing all 3 of its De- accomplished while simultaneously negie Mellon-rated capable maturity pots, in order to maintain their status as providing supply chain management model level 5 software centers in the ‘‘world class’’ maintenance repair and over- for millions of components and pieces Department of Defense. A level 5 des- haul operations; of equipment. However, what makes ignation facility indicates that the fa- (3) one of the indispensable components of our depots truly vital to national secu- cility is in the top 2 percent of all soft- the Depot Maintenance Strategy and Master rity is their ability to provide imme- ware development centers. In addition, Plan of the Air Force is the commitment of diate support during periods of conflict Hill’s Software Engineering Division the Air Force to allocate $150,000,000 a year over 6 years, beginning in fiscal year 2004, for or urgent need. In fact, no one matches affords the Air Force a $40-per-hour recapitalization and investment, including our Nation’s depots in meeting the labor rate savings over its major indus- the procurement of technologically advanced critical ‘‘surge’’ requirements of our try competitors. facilities and equipment, of our Nation’s 3 Nation. For these reasons, the Air Force de- Air Force depots; and Unfortunately, during the 1990s, our cided to increase the amount of work (4) the funds expended to date have ensured Nation did not make the necessary in- performed by the division by 176,000 di- that transformation projects, such as the vestments in our depots to build and rect product standard hours. However, initial implementation of ‘‘Lean’’ and ‘‘Six procure technologically advanced fa- the existing building is full and unable Sigma’’ production techniques, have cilities and equipment technologies. to support the increase in personnel achieved great success in reducing the time necessary to perform depot maintenance on Therefore, the depots were not meeting necessary to accomplish this new aircraft. their full potential. Congress and the workload. The funding allocated under (b) SENSE OF THE SENATE.—It is the sense Air Force identified this problem and, I the Depot Maintenance Strategy pro- of the Senate that— am proud to say, worked together to vides the solution, and this bill author- (1) the Air Force should be commended for find a solution. That solution was the izes appropriations to build a new ex- the implementation of its Depot Mainte- Air Force Depot Maintenance Strategy tension to the facility. Not too bad nance Strategy and Master Plan and, in par- and Master Plan. This strategy re- when it has been determined that this ticular, meeting its commitment to invest affirmed our Nation’s commitment to project will pay for itself in 8.75 years. $150,000,000 a year over 6 years, since fiscal We are only halfway through the 6- year 2004, in the Nation’s 3 Air Force Depots; the ‘‘essential requirement for the Air and Force to maintain a ready and con- year investment plan as called for by (2) the Air Force should continue to fully trolled source of organic technical the Depot Maintenance Strategy. I rise fund its commitment of $150,000,000 a year competence to ensure an effective and with my colleagues to say to the Air through fiscal year 2009 in investments and timely response to national defense Force: Well done. But I must add—and recapitalization projects pursuant to the contingencies and emergency require- this is the essential point of my Depot Maintenance Strategy and Master ments.’’ amendment—the Air Force must keep Plan. But more than just a piece of paper going. The depots have made enormous Mr. HATCH. Today I rise to propose articulating lofty goals, this strategy progress in even further efficiently sup- an amendment that is cosponsored by committed the Air Force to allocating porting the war fighter, which now is fellow members of the Senate Air $150 million a year for 6 years in order more important than ever. However, if Force Depot Caucus, specifically Sen- to achieve the objectives of maintain- we are to support our war fighters in ators INHOFE, BENNETT and CHAMBLISS. ing the depots status as ‘‘world class’’ the manner in which they deserve, this Before I proceed to discuss the merits maintenance repair and overhaul oper- investment must continue. The first of my amendment, I thank publicly my ations. steps have been made. Completing the colleagues, and their staffs, of the One of the most clear examples of full 6 years of Depot Strategy mod- depot caucus, not only for their assist- how this money has been construc- ernization funding is an essential com- ance in supporting this amendment, tively allocated can be found in the ponent to ensure we will always pro- but for the tireless work that we have success of the initial implementation vide the best to the men and women all performed over the past several of revolutionary lean production tech- who risk so much to keep us free. years to modernize and recapitalize our niques at our Nation’s depots. Lean Mr. President, I also desire at this Nation’s Air Force Depots. manufacturing principles, first devel- time to thank three individuals who Why is that important? Why do we oped by the Toyota Corporation, aim have been steadfast supporters of the need our Air Force Depots? Simply put, to eliminate waste in every area of pro- Depot Maintenance Strategy. today the United States boasts the duction. In practice, workers are no First, I must recognize retiring As- most formidable military that the longer just responsible for a specific sistant Secretary of the Air Force Nel- world has ever known. However, his- section of production. Workers are son Gibbs, who is one of the authors of tory has shown, that a technologically challenged to develop new skills and Depot Strategy. We would not be where superior force can be defeated if the trades so they are responsible for more we are today without his support and weapons systems being utilized by that portions of the production process. guidance. I wish him well in his well- force cannot be maintained or repaired The results have been outstanding. deserved retirement. I also wish to in a timely fashion. Workflow days, the days it takes to thank the implementers of the Strat- Mindful of this lesson, the Depart- provide maintenance to a part or sys- egy, GEN Lester Lyles, the former ment of Defense and Congress have cre- tem, are down. At Hill Air Force Base, commander of Air Force Materiel Com- ated an infrastructure designed to the C–130 and F–16 aircraft mainte- mand and its present commander, and

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.025 S25JYPT1 S8780 CONGRESSIONAL RECORD — SENATE July 25, 2005 my good friend, GEN Gregory Martin. I have talked on this floor many increased by 20.4 percent. And the level You will not find two finer officers who times about the fact that our artillery of spare parts in stock improved by 5.5 have ever served. To them I say: Thank piece is not as good as one that is made percent. Such improvements are an in- you for your leadership and guidance in in five different countries. The old Pal- dication of the impact of this funding, modernizing our infrastructure so we adin technology is World War II tech- and this was only a single 1-year pe- can most efficiently and effectively nology. That is something we are going riod. support the war fighter. I thank them. to correct with our future combat sys- We have spoken frequently in this I thank my colleagues, all of whom tem. body about the advanced age and chal- support this as well. But I commend the Senator from lenges of some of our most critical low- Mr. President, I yield the floor to my Utah for his comments about the F/A– density, high-demand aircraft, such as colleague. 22. When we get the joint strike fighter the C–130 tactical airlifter, and the KC– The PRESIDING OFFICER. The Sen- and the F/A–22, we will be back in a po- 135 refueling tanker. The average age ator from Oklahoma. sition where we will be sending our of the C–130 E and H models flying Mr. INHOFE. Mr. President, I will young people out there with the best of today is 40 years. The average age of first make a comment or two. equipment. We need to get there as the KC–135 E and R models flying today Mr. WARNER. Mr. President, may rapidly as possible. is 44 years. We went through some ar- the manager of the bill address the I also want to make a comment duous times, several years ago—about Senate for a moment? about the depot funding plan amend- 15 years ago—getting the C–17 on line. The PRESIDING OFFICER. Will the ment that is offered by Senator HATCH. It was a recognition that we have to Senator from Oklahoma yield? It supports the important and vital modernize this fleet. I am very thank- Mr. WARNER. Mr. President, the work being performed by our aircraft ful we have increased the numbers as way we run is the managers usually try depot facilities. the years have gone by. No one would to get recognition. Since the Bush administration came What we would now like to do, Mr. have ever believed, prior to Bosnia, into office, we have seen a renewed in- President, is to have the Senator from Kosovo, Afghanistan, and Iraq, the terest in the Air Force’s depots. To Oklahoma address his amendments— need we would have on these heavy-lift kind of fill us in where we are right for what period of time? vehicles. now with that, I can remember when Mr. INHOFE. Mr. Chairman, I would We could go on and on, but the point the last Secretary of the Air Force like to have a few minutes to respond we want to make is, if we are going to came in, his first trip was to Tinker to some of the substance of the two keep our aging fleet of aircraft flying, Air Force Base to see how creative subjects discussed by the Senator from we must not only maintain them but they were, to kind of personally exam- Utah. Then I would like to describe the we must also modify them and give ine the kind of work they were doing. amendments I have offered. It will them the latest technology, avionics He recognized we have to handle the probably take me 20 minutes. and things, so we will provide our Mr. WARNER. I thank the Senator problem that has been there for many, young people with the same advantage from Oklahoma. many years; that is, we need to have an that some of our prospective opponents The Senator from Florida desires rec- in-house capability for depot mainte- would have. ognition, so I would ask the Senator nance on core issues. At our Air Force depots today, we re- from Florida if he could give a rough The problem has always been: How do quire engineers and fabrication techni- estimate of the time he would like fol- you define the core issue? The core cians to solve ever-challenging design lowing the Senator from Oklahoma. issue is not an easy thing to describe and structural problems due to aircraft Fifteen minutes. Mr. President, I ask and define. But until it is properly de- stress and fatigue that were never an- unanimous consent that the Senator fined, we have been using the ratio of ticipated when the aircraft were manu- from Oklahoma now be recognized for a 50–50; in other words, to have the in- factured. But because of age, we are period not to exceed 20 minutes, to be house capability to handle 50 percent of seeing such flaws. The civilian aviation followed by the Senator from Florida. the functions in the case of a war so we industry recapitalizes, buying new air- The PRESIDING OFFICER. The Sen- would not be held hostage to a single craft when their planes are no longer ator from Oklahoma is recognized. source contractor. feasible to fly. Unfortunately, our Air Mr. WARNER. Could we act on the The key to this overall reinvigora- Force does not have such a luxury. The UC request, Mr. President? tion has been the Air Force’s Depot effort the Air Force has started with The PRESIDING OFFICER. Without Maintenance Strategy and Master Plan the Depot Maintenance Strategy and objection, it is so ordered. that will ensure America’s air and Master Plan must be sustained, and The Senator from Oklahoma. space assets are ready to rapidly re- Congress must provide the necessary Mr. INHOFE. Mr. President, first of spond to any national security threat. resources. all, let me say I was listening intently Because of this plan we have begun a In light of this, I applaud the sense of while the senior Senator from Utah restoration and modernization of our the Senate being offered by Senator talked about the F/A–22. I would like to Air Force’s three depot facilities lo- HATCH. This has been a problem we add one thing that perhaps he assumes cated in Oklahoma, Utah, and Georgia, have seen coming. We know it is there. everyone is aware of, but I keep finding which will ensure the United States is We have been able to now give our de- people are not aware of it, and that is able to maintain world-class aircraft pots some of the same resources, some the Chief of the Air Force now, General repair and overall facilities. of the same modernization. They have, Jumper, not too long ago, I think 1997, If we are to realize the end result of on a competitive basis, proven they can made a very courageous observation. this Maintenance Strategy and Master do a very good job. He called to the attention of the Amer- Plan, it is incumbent upon Congress to AMENDMENT NO. 1313 ican people that the Russians were fulfill the Air Force’s commitment for Mr. INHOFE. Mr. President, I have making—at that time he was referring allocating $150 million a year, over a 6- two amendments I have already filed. to the Su–30, a strike vehicle, that it year period, for recapitalizing, invest- The second amendment is going to re- was actually better than anything we ing, and procuring advanced facilities, quire a new number. The two I am had in our inventory, our F–15 or F–16. equipment, and operation. This funding going to be discussing are the ICRC I think a lot of people assumed auto- began in fiscal year 2004, and signifi- amendment. I have several cosponsors matically that when we go onto the cant in-roads have already been made. of the amendment, including Senator battlefield America has the very best In one year alone, with this funding KYL. I ask unanimous consent that of equipment. That is not true. It is support, the Air Mobility Command re- Senator ENZI be added as a cosponsor kind of scary when you think about a ported that the rate of aircraft ground- to amendment No. 1313. strike vehicle that is out there that ed due to parts issues decreased by 37.6 The PRESIDING OFFICER. Without has greater capability than our very percent. It bettered its flying hour goal objection, it is so ordered. best and the fact that the American by 922,000 hours. The rate of aircraft in- Mr. INHOFE. The other amendment people expect the United States to cidents due to parts issues decreased by has a new number. We have talked have the best of everything. 23.4 percent. Logistics response time about it before. It is the U.S.-China

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.026 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8781 Commission amendment. It is now No. criticism and restraint. Again, keep in lion in funding to the ICRC. I ask for 1476. It is my intention to make a few mind, 24,000 interrogations, and they some accountability for the use of this comments about these two and then to only found three. And they were found money and a modicum of oversight. ask for the yeas and nays. We would by us, not somebody else snooping For example, I think it is fair to ask: like to get to a vote on these amend- around. How is our money being spent? What ments by tonight. Most, if not all, of these incidents are are the activities of the ICRC to deter- First, the amendment concerning the at least a year old. I am very impressed mine the status of American POWs/ ICRC. I simply want to clarify some with the way the military, the FBI, MIAs, unaccounted for since World War people’s thinking that the ICRC is not and other agencies conducted them- II? What were the efforts of the ICRC the American Red Cross. This is the selves. The report shows me that an in- to assist America’s POWs held in cap- International Committee on the Red credible amount of restraint and dis- tivity during the Korean war, the Viet- Cross. It has no relationship to the cipline was present at Gitmo. nam war, and other subsequent con- American Red Cross. Having heard a lot about the Field flicts? Has the ICRC exceeded its man- My first concern is for American Manual 3452, I asked, ‘‘Are the DOD date, violated established practices or troops. The ICRC has been around since guidelines, as currently published in principles, or engaged in advocacy 1863 and has been there for American that manual, appropriate to allow in- work that exceeds the ICRC’s mandate soldiers, sailors, airmen, and marines terrogators to get valuable informa- as provided under the Geneva Conven- throughout two world wars. I thank tion, intelligence information, while tion? That essentially is what this them for that work. Likewise and not crossing the line from interroga- amendment does. moreover, I thank all Americans for tion to abuse?’’ The answer from Gen. At this point I will read the very last military service to America. I did have Bantz J. Craddock, Commander of U.S. paragraph of the Wall Street Journal occasion to be in the U.S. Army. It was Southern Command was, ‘‘I think, be- article. It says: the best thing that ever happened in cause that manual was written for We are trying to understand how a rep- my life. In my continuing preeminent enemy prisoners of war, we have a resentative of an organization pledged to concern for American troops, however, translation problem, in that enemy neutrality and the honest investigation of detainee practices could compare American I am compelled to note some concerns prisoners are to be treated in accord- soldiers to Nazi SS. And considering the tim- and pose some questions about a drift ance with the Geneva Conventions— ing and content of several ICRC confiden- in focus of the ICRC away from its core that doesn’t apply. That’s why the rec- tiality breaches concerning the U.S. war on principles in its mission statement. In- ommendation was made and I affirmed terror, it’s fair to ask if similar views aren’t deed, I fear the ICRC may be harming it. We need a further look here on this held by a substantial number in the organi- the morale of our American troops by new phenomenon of enemy combat- zation. The world needs a truly neutral humani- unjustified allegations that detainees ants. It’s different, and we’re trying to tarian body of the sort the ICRC is supposed and prisoners are not being properly use, I think, a manual that was written to be. But the Camp Bucca incident—in addi- treated. for one reason in another environ- tion to leaked Gitmo and Abu Ghraib re- For example, an ICRC official visited ment.’’ ports—is evidence it isn’t currently up to the Camp Bucca, a theater internment fa- Lt. Gen. Randall M. Schmidt, the task. cility for enemy prisoners that is, as of senior investigating officer said, ‘‘Sir, I EXHIBIT 1 January 2005, being operated by the agree. It’s critical that we come to [From the Wall Street Journal, May 23, 2005] 18th Military Police Brigade and Task grips with not hanging on a Cold War AS BAD AS THE NAZIS? Force 134, near Umm Qasr in southern relic of Field Manual 3452, which ad- The International Committee of the Red Iraq. As of late January 2005, the facil- dressed an entirely different popu- Cross is granted a privileged status to in- ity had a holding capacity of 6,000 pris- lation. If we are, in fact, going to get spect the conditions of prisoners of war and oners but only held 5,000. These pris- intelligence to stay ahead of this type other detainees in return for confidentiality. oners were being supervised by 1,200 of threat, we need to understand what But in recent years it has demonstrated a habit of selective media leaks damaging to Army MPs and Air Force airmen. Ac- else we can do and still stay in our lane American purposes. This is the backdrop for cording to the Wall Street Journal, cit- of humane treatment.’’ two recent incidents that make us think the ing a Defense Department source, the Brig. Gen. John T. Furlow, the inves- U.S. should reconsider the ICRC’s role. ICRC official told U.S. authorities: tigating officer, stated, ‘‘Sir, in echo- The first concerns a story we heard first You people are no better than and no dif- ing that, F.M. 3452 was originally writ- from a U.S. source that an ICRC representa- ferent than the Nazi concentration camp ten in 1987, further updated and refined tive visiting America’s largest detention fa- guards. in 1992, which is dealing with the Gene- cility in Iraq last month had compared the U.S. to Nazi Germany. According to a De- I ask unanimous consent that this va question as well as an ordered battle fense Department source citing internal Pen- entire article be printed in the RECORD enemy, not the enemy that we’re fac- tagon documents, the ICRC team leader told at the conclusion of my remarks about ing currently. I’m aware that Fort U.S. authorities at Camp Bucca: ‘‘You people the ICRC. Huachuca’s currently in a rewrite of are no better than and no different than the The PRESIDING OFFICER. Without the next 3452, and it’s in a draft form Nazi concentration camp guards.’’ She was objection, it is so ordered. right now.’’ upset about not being granted immediate ac- (See exhibit 1.) It is clear that our military has hu- cess shortly after a prison riot, when U.S. The Senate Armed Services Com- mane treatment placed at the forefront commanders may have been thinking of her own safety, among other considerations. mittee has now held 13 hearings on the of their concerns. A second, senior Defense Department topic of prisoner treatment. At the same time I want to ask: What source we asked about the episode confirmed Sometimes we get bogged down in all other country would freely discuss in- that the quote above is accurate. And a the detail and we forget about the terrogation techniques used against third, very well-placed American source we overall picture, the big picture. And high-value intelligence detainees dur- contacted separately told us that some kind I’m shocked when I found, only last ing a time of war when suicide bombers of reference was made by the Red Cross rep- Tuesday, from the Pentagon’s report, are killing our fellow citizens? resentative ‘‘to either Nazis or the Third that after 3 years and 24,000 interroga- That was disturbing to me. The last Reich’’—which understandably offended the American soldiers present. tions, there were only three acts of vio- of the many hearings we had was one The world needs a truly neutral humani- lation of the approved interrogation where they were describing in detail tarian body of the sort the ICRC is supposed techniques authorized by Field Manual our interrogation techniques, knowing to be. But the Camp Bucca incident—in addi- 3452 and DOD guidelines. full well that the terrorists are watch- tion to the leaked Gitmo and Abu Ghraib re- The small infractions found were ing on live TV and training their peo- ports—is evidence it isn’t currently up to the found by our own government, cor- ple on how to handle those. I think it task. rected and now reported. In all the is something on which we have gone far Mr. INHOFE. Mr. President, I have cases no further incidents occurred. We enough. That is another subject we will been informed I will be asking for the have nothing to be ashamed of. What be discussing in a few minutes. yeas and nays for two different amend- other country attacked as we were In the past 15 years, the United ments. I will do that after explaining would exercise the same degree of self- States has provided more than $1.5 bil- the second amendment.

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.029 S25JYPT1 S8782 CONGRESSIONAL RECORD — SENATE July 25, 2005 I know the Senator from Florida, and NASA that you can’t have oil rigs body wants to go home for the August under UC, now has 15 minutes. My time where you are dropping the solid rock- recess and do all of their town hall is about to expire. I would ask unani- et boosters from the space shuttle and meetings, and so forth. I know there is mous consent that at the conclusion of where we are dropping the first stages the interest in passing an energy con- the remarks of the Senator from Flor- of the expendable booster rockets com- ference bill, if they reach agreement. ida, I be recognized to present what ing out of the Cape Canaveral Air Clearly, I don’t want to slow up the en- was amendment 1312 and now is No. Force station. ergy conference bill if they reach 1476. And at the conclusion, I will be We took on this fight a month or so agreement. But, of course, if the rep- asking for the yeas and nays. ago when the Energy bill was here and resentations and the agreements that The PRESIDING OFFICER. Is there we won this fight, thanks to the agree- were made in good faith are broken—in objection? ment of the chairman and the ranking fact, that were made on the floor of the Mr. DORGAN. I ask unanimous con- member of the Energy Committee that Senate and are part of the CONGRES- sent to be recognized following the they would not support any amend- SIONAL RECORD—if those agreements Senator from Oklahoma. ments that would allow drilling out are broken, this Senator from Florida Mr. INHOFE. I ask unanimous con- here in the eastern gulf. will have no choice. sent that I be recognized for 15 min- Speaking of that, just so you can see This would represent a reversal of ad- utes, followed by the Senator from how dramatic it is that the eastern ministration policy because this ad- North Dakota. gulf does not have this drilling, I want ministration has pledged to uphold the The PRESIDING OFFICER. Without you to look at this particular map of moratorium on the Outer Continental objection, it is so ordered. the gulf coast—Texas, Louisiana, Mis- Shelf from drilling until the year 2012. The Senator from Florida. sissippi, Alabama, Florida. You will no- Although a portion right there is not Mr. NELSON of Florida. Mr. Presi- tice the drilling, as represented by the included within the moratorium, nev- dent, I want to speak on the Defense green, is where the oil is. The geology ertheless, the line they have drawn bill to point out a major national asset shows that there is no drilling in the clearly includes other portions of the with regard to our military prepara- eastern gulf. There is no oil there. But moratorium. It is a reversal of admin- tion. What I am about to say actually there is another reason there are not istration policy. involves some subterranean negotia- rigs there, besides the dry holes they It would also give this area, called tions that are going on outside of the came up with, and it is all of that area lease-sale 181, to the State of Lou- light of day on another bill, on the En- is restricted air space. Now, all well isiana. If lease-sale 181 is part of the ergy conference bill, but it relates di- and good. State of Louisiana, off of the coast of rectly to what we are doing here. I Mr. President, we have just inter- Florida, then why did the administra- want to point it out. cepted an e-mail from the White House, tion negotiate in 2001 to cut back lease- One of the great national assets we and it is an e-mail sent to energy con- sale 181 from 6 million acres to a mil- have is off the coast of Florida called ference conferees—something that has lion and a half acres, so it would not go restricted airspace. As you can see, off some significance to the occupant of over the Florida-Alabama line? There the northeast coast of Florida from the chair. Attached is the administra- are all kinds of inconsistencies here. It Cape Canaveral north all the way to tion’s proposal. The proposal would is purely—call it what it is; it is an in- Savannah, GA is a considerable bit of allow for new leasing activities in the tent to drill for oil and gas off of the restricted airspace. You will also no- eastern gulf. They define it in Lou- coast of Florida. tice on this map of the peninsula of isiana waters as defined by the use of I can tell you that 18 million people Florida and the Gulf of Mexico that al- seaward lateral boundaries. They go on in Florida don’t want oil rigs off their most the entire area of the Gulf of in this White House e-mail to say: shores. In the first place, the geology Mexico off of the State of Florida is re- Interior and the Office of Management and shows, along with many dry holes, that stricted airspace. It is not any puzzle Budget have signed off on this language. there is not much oil and gas. In the to understand when the Atlantic fleet, Well, let’s sound the alarms because second place, we have an extraordinary U.S. Navy training, was shut down on here is what they plan to do. We went $50 billion a year tourism industry that the island of Vieques off of Puerto through this drill a couple months ago depends on what? It depends on what is Rico, that most of that training came when the Energy bill was here. Why? depicted in this picture. This other pic- here to northwest Florida. Not only be- We got the chairman of the Energy ture is not what we want. This is a pho- cause of the major military facilities Committee and the ranking member to tograph from a month and a half ago at Pensacola, Whiting, Eglin Air Force agree to oppose these amendments— when we had the Energy bill on this Base, Tindale Air Force Base, where, this is in the CONGRESSIONAL RECORD— floor of 100 pelicans that were killed as by the way, we have been talking about because this line, which is the Florida- a result of an oil spill off of Lou- the FA–22, the training for the pilots is Alabama line, beyond which there is no isiana—that is a recent photograph— at Tindale Air Force Base right here. leasing in any of the waters of the gulf, and another 400 were severely damaged. The training for the pilots for all well, suddenly, they are going to draw We don’t want that. We want the other. branches of Government for the new F– the line of the State of Louisiana, The third reason is one I had ex- 135, the joint fighter, is done at Eglin which is over here, to be a line that plained at the outset. This is what we Air Force Base. Why? Because we have comes out here and goes into the east- want for the defense of our country. We the restricted airspace in which that ern Gulf of Mexico, under the fiction want to continue to do our training. training can occur and where land, sea, that that line would be the waters of We want all of that training that has and air exercises can be coordinated. Louisiana and, thus, giving a pretext come from Puerto Rico to go unham- That is a major national asset. to invade the waters off of Florida, in- pered off of the coast of Florida, where Alas, people, certain interests, want cluding the waters underneath the re- land, sea, and air military exercises to come out here and drill for oil in the stricted airspace, to allow oil and gas can be coordinated without the threat eastern Gulf of Mexico. You can’t be drilling. of interference from oil rigs below. conducting these military maneuvers, The administration is pushing a pro- The fourth reason is the coast of this training that is so essential to our posal in the conference between the Florida has something besides our nat- mission in the Department of Defense, House and the Senate that does not ural beauty and beaches. It has some of you can’t be doing that if you have to have such a provision in either bill. To the most pristine and ecologically sen- worry about oil rigs on the surface of the contrary. The House took a posi- sitive estuaries, rivers, and bays that the Gulf of Mexico below. That is the tion against drilling in the eastern come into the gulf. That is a very im- same right over here on the east coast, gulf, and the Senate did likewise in the portant place to keep so that the bal- a battle I had to wage 15, 20 years ago agreement of the chairman and the ance of nature can occur with the when it was proposed to drill from Cape ranking member. oceans. Hatteras, NC all the way south to Fort So I want to alert the Senate. I hope For all of these reasons, I wanted to Pierce, FL. Ultimately, we won that this is not going to be the case because share with the Senate that I hope I battle with the recognition by the DOD we are down to a week before every- don’t have to be out here later this

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.031 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8783 week making these speeches again be- Mr. INHOFE. Mr. President, I ask for (2) On March 14, 2005, the National People’s cause I took it at face value and in the yeas and nays on amendment No. Congress approved a law that would author- good faith that the representations 1313. ize the use of force if Taiwan formally de- that were made here were going to The PRESIDING OFFICER. Is there a clares independence. stick. If they do not, then the Senator sufficient second? There is a sufficient (b) SENSE OF CONGRESS.— from Florida will have to judge accord- second. (1) PLAN.—The President is strongly urged ingly. The yeas and nays were ordered. to take immediate steps to establish a plan to implement the recommendations con- I yield the floor. AMENDMENT NO. 1476 tained in the 2004 Report to Congress of the The PRESIDING OFFICER. The Sen- Mr. INHOFE. Mr. President, I ask ator from Oklahoma is recognized. United States-China Economic and Security that amendment No. 1313 be set aside Review Commission in order to correct the AMENDMENT NO. 1313 for the consideration of amendment negative implications that a number of cur- Mr. INHOFE. Mr. President, so we No. 1476, which I send to the desk. rent trends in United States-China relations can get procedurally back where we The PRESIDING OFFICER. Without have for United States long-term economic should be, I ask unanimous consent objection, it is so ordered. and national security interests. that the current amendment be set The clerk will report. (2) CONTENTS.—Such a plan should contain aside for the consideration of amend- The legislative clerk read as follows: the following: ment No. 1313. The Senator from Oklahoma [Mr. INHOFE] (A) Actions to address China’s policy of The PRESIDING OFFICER. Without proposes an amendment numbered 1476. undervaluing its currency, including— objection, it is so ordered. Mr. INHOFE. Mr. President, I ask (i) encouraging China to provide for a substantial upward revaluation of the Chinese Mr. WARNER. Mr. President, before unanimous consent that further read- yuan against the United States dollar; the Senator brings up this matter—and ing of the amendment be dispensed he has the floor—I wonder if I can clar- (ii) allowing the yuan to float against a with. trade-weighted basket of currencies; and ify this among my colleagues, to try to The PRESIDING OFFICER. Without (iii) concurrently encouraging United accommodate others. We have Senator objection, it is so ordered. States trading partners with similar inter- DORGAN to be recognized under the pre- The amendment is as follows: ests to join in these efforts. vious unanimous consent. I understand (Purpose: To express the sense of Congress (B) Actions to make better use of the 10 minutes would be sufficient there. that the President should take immediate World Trade Organization (WTO) dispute set- Mr. REED. Fifteen minutes, I be- steps to establish a plan to implement the tlement mechanism and applicable United lieve. recommendations of the 2004 Report to States trade laws to redress China’s unfair Mr. WARNER. We are anxious to get Congress of the United States-China Eco- trade practices, including China’s exchange going, but we will do 15 minutes. I see nomic and Security Review Commission) rate manipulation, denial of trading and dis- the Senator from Colorado here. I At the end of title XII, insert the fol- tribution rights, lack of intellectual prop- know the Senator from Arizona and lowing: erty rights protection, objectionable labor the Senator from South Carolina called SEC. 1205. THE UNITED STATES-CHINA ECO- standards, subsidization of exports, and forced technology transfers as a condition of within the hour. They need time. Can NOMIC AND SECURITY REVIEW COM- MISSION. doing business. The United States Trade the Senator advise me as to what his (a) FINDINGS.—Congress finds the fol- Representative should consult with our trad- desires might be? lowing: ing partners regarding any trade dispute Mr. ALLARD. Mr. President, I think (1) The 2004 Report to Congress of the with China. 10 minutes would be fine. I was going United States-China Economic and Security (C) Actions to encourage United States to make an argument on an amend- Review Commission states that— diplomatic efforts to identify and pursue ini- ment that will be presented. I don’t (A) China’s State-Owned Enterprises tiatives to revitalize United States engage- know where it is before us. I do have a (SOEs) lack adequate disclosure standards, ment with China’s Asian neighbors. The ini- couple of amendments I would like to which creates the potential for United States tiatives should have a regional focus and investors to unwittingly contribute to enter- complement bilateral efforts. The Asia-Pa- propose. I think for the debate on those prises that are involved in activities harmful two amendments and a floor state- cific Economic Cooperation forum (APEC) to United States security interests; offers a ready mechanism for pursuit of such ment, I probably need 10 minutes. (B) United States influence and vital long- Mr. WARNER. If the Senator from initiatives. term interests in Asia are being challenged (D) Actions by the administration to hold Colorado could be recognized following by China’s robust regional economic engage- China accountable for proliferation of pro- Senator DORGAN, I would like to re- ment and diplomacy; hibited technologies and to secure China’s (C) the assistance of China and North serve an hour for myself and Senator agreement to renew efforts to curtail North Korea to global ballistic missile prolifera- MCCAIN and Senator LINDSEY GRAHAM. Korea’s commercial export of ballistic mis- tion is extensive and ongoing; Mr. REED. Senator LEVIN will need siles. (D) China’s transfers of technology and some time, also. (E) Actions by the Secretaries of State and components for weapons of mass destruction Energy to consult with the International En- Mr. WARNER. He will certainly get (WMD) and their delivery systems to coun- that time. I ask unanimous consent for tries of concern, including countries that ergy Agency with the objective of upgrading that. support acts of international terrorism, has the current loose experience-sharing ar- The PRESIDING OFFICER. Is there helped create a new tier of countries with rangement, whereby China engages in some objection? the capability to produce WMD and ballistic limited exchanges with the organization, to Mr. REED. Would the Senator re- missiles; a more structured arrangement whereby state the UC? (E) the removal of the European Union China would be obligated to develop a mean- Mr. WARNER. I ask unanimous con- arms embargo against China that is cur- ingful strategic oil reserve, and coordinate release of stocks in supply-disruption crises sent that the Senator from Oklahoma rently under consideration in the European or speculator-driven price spikes. continue for about 10 minutes; Senator Union would accelerate weapons modernization and dramatically enhance Chinese mili- (F) Actions by the administration to de- DORGAN for 15 minutes; the Senator tary capabilities; velop a coordinated, comprehensive national from Colorado for 10 minutes; and 1 (F) China’s recent actions toward Taiwan policy and strategy designed to meet China’s hour equally divided between Senators call into question China’s commitments to a challenge to maintaining United States sci- WARNER, MCCAIN, and GRAHAM. peaceful resolution; entific and technological leadership and The PRESIDING OFFICER. Is there (G) China is developing a leading-edge competitiveness in the same way the admin- objection? military with the objective of intimidating istration is presently required to develop and Mr. REED. Reserving the right to ob- Taiwan and deterring United States involve- publish a national security strategy. ject, I just want to protect the ability ment in the Strait, and China’s qualitative (G) Actions to review laws and regulations governing the Committee on Foreign Invest- for Senator LEVIN to have time. and quantitative military advancements Mr. WARNER. He can be recognized have already resulted in a dramatic shift in ment in the United States (CFIUS), includ- the cross-Strait military balance toward ing exploring whether the definition of na- following the hour of three of us. China; and tional security should include the potential The PRESIDING OFFICER. Is there (H) China’s growing energy needs are driv- impact on national economic security as a objection? Without objection, it is so ing China into bilateral arrangements that criterion to be reviewed, and whether the ordered. undermine multilateral efforts to stabilize chairmanship of CFIUS should be transferred The Senator from Oklahoma is recog- oil supplies and prices, and in some cases from the Secretary of the Treasury to a nized. may involve dangerous weapons transfers. more appropriate executive branch agency.

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.034 S25JYPT1 S8784 CONGRESSIONAL RECORD — SENATE July 25, 2005 (H) Actions by the President and the Sec- Third, the United States should revi- CFIUS, should include national eco- retaries of State and Defense to press strong- talize engagement in the Asian region, nomic security as a criterion for eval- ly their European Union counterparts to broaden our interaction with organiza- uation and the chairmanship to be maintain the EU arms embargo on China. tions such as ASEAN, which is the As- transferred to a more appropriate chair (I) Actions by the administration to dis- courage foreign defense contractors from sociation of Southeast Asian Nations. allowing for increased security pre- selling sensitive military use technology or Our lack of influence has been dem- cautions. weapons systems to China. The administra- onstrated by the Shanghai Cooperation Right now CFIUS has actually re- tion should provide a comprehensive annual Organization recently demanding that viewed some 1,500 cases of purchases by report to the appropriate committees of Con- we set a troop pullout deadline in Af- foreign countries, and they have only gress on the nature and scope of foreign mili- ghanistan. This clearly shows we do questioned 24. They relented on those tary sales to China, particularly sales by not have much influence there. and only stopped one. That is 1 out of Russia and Israel. Fourth, the administration ought to 1,500. There is something wrong. We see (J) Any additional actions outlined in the hold China accountable for prolifer- 2004 Report to Congress of the United States- some things that are going on right China Economic and Security Review Com- ating prohibited technologies. Chinese now, such as Unocal, that have re- mission that affect the economic or national companies, such as NORINCO, have ceived a lot of publicity. This is a very security of the United States. been sanctioned frequently and yet the strong recommendation. In fact, I have Mr. INHOFE. Mr. President, this Chinese Government refuses to enforce a separate resolution that covers just amendment is similar to one that I am their own nonproliferation agreements. this issue and this alone. It will rec- not going to offer that was previously Fifth, the U.N. should monitor nu- ommend that the chairmanship be going to be offered, No. 1312. There clear, biological, and chemical treaties changed from the Secretary of Treas- have been several changes made, so a and either enforce these agreements or ury to the Secretary of Defense. new number is assigned to it. report them to the Security Council. Ninth, the administration should Mr. President, in October 2000, Con- The United States-China Commission continue its pressure on the EU to gress established the United States- has found that China has undercut the maintain its arms embargo on China. China Security Economic Review Com- U.N. in many areas, undermining what The recent Defense Department report mission to act as a bipartisan author- pressures we have tried to apply on states the EU would not have the capa- ity on how our relationship with China problematic states, such as Sudan and bility to monitor and enforce any lim- affects our economy, China’s military Zimbabwe. its if the arms embargo is lifted. and weapons proliferation, and our in- Sixth, the administration ought to Tenth, penalties should be placed on fluence in Asia. review the effectiveness of the one- foreign contractors who sell sensitive For the past 5 years, the Commission China policy in relation to Taiwan to military use technology or weapons has been holding hearings and issuing reflect the dynamic nature of the situ- system to China from benefiting from annual reports to evaluate ‘‘the na- ation. The Defense Department’s an- U.S. defense-related research develop- tional security implications of the bi- nual report to Congress, released 2 days ment in production programs. What is lateral trade and economic relation- ago, states that China’s military ‘‘sus- going on is sales are taking place to ship with the United States and the tained buildup affects the status quo in China on technology that has been sub- People’s Republic of China.’’ Their job the Taiwan Strait.’’ We have been sidized by the United States. In other is to provide us in Congress with the watching this for a number of years. words, we are putting ourselves in a necessary information to make deci- We have also been watching the growth situation where our national security sions about the complex situation. and enhancement of China’s conven- would be impaired by our own research However, I fear their reports have gone tional military capability. We have for which we have paid. largely unnoticed. known about their nuclear capability Eleventh, the administration should This has been very disturbing. I have for some time. Now we see, as the Sen- also provide a report to Congress on had occasion to give four rather ator from Utah was mentioning a few the scope of foreign military sales to lengthy speeches concerning the rec- minutes ago, that countries are buying China. ommendations. I will not be redundant, these superior strike vehicles from Finally, Congress should support the and I certainly will not take the time Russia, such as the SU–30s. China, in recommendations of the Commission’s I took previously, but it is something one purchase, I understand, bought 2004 report to Congress. Unless our re- that is very significant. This was a bi- some 240. One has to stop and think lationship with China is backed up partisan commission, made up of about this. It puts them in the position with strong action, they will never Democrats and Republicans, some to have better strike vehicles than we take us seriously. We will certainly see Members of Congress, and some former do. Of course, we have seen the buildup, more violations of proliferation trea- Members of Congress. They came out the effect on their relationship in the ties. It is happening over and over. We with recommendations over a period of Taiwan Strait. are looking at it right now. They con- years. Seventh, various energy agencies tinue to manipulate regional global I found the recommendations of the should encourage China to develop its trade through currency undervaluation Commission’s 2004 report—this is the strategic oil reserve in order to avoid a and other unhealthy practices. They most recent approach—objective, nec- disastrous economic crisis if oil avail- will develop unreliable oil sources and essary, and urgent, and I am offering ability becomes unstable. We have to energy alliances with countries that an amendment to express our support understand that we have a serious threaten international stability. They for these viable steps. problem in this country with the fact will continue to escalate the situation This amendment expresses the sense that we are relying upon foreign coun- over Taiwan, raising the stakes in a of the Senate that China should, first, tries for some 65 percent of the oil we game neither country can win. reevaluate its manipulated currency import. We are now starting to com- In today’s world, we see how the un- level and allow it to float against other pete with China which has that great paid bills of the past come back to currencies. In the Treasury Depart- problem, too. haunt us in full. Ignoring these prob- ment’s recent report to Congress, Chi- As one travels around and looks at lems is unacceptable. na’s monetary policies are described as countries such as Iran, Sudan, Nigeria, The United States-China Commission ‘‘highly distortionary and pose a risk and other countries where they are es- was created to give us in Congress a to China’s economy, its trading part- tablishing relationships—we have seen clear picture about what is going on. ners, and global economic growth.’’ what they are doing in Venezuela right They have done their job. It is time for Second, the appropriate steps ought now—we have to recognize they are us to do our job. to be taken through the World Trade going to be our chief competition in be- I repeat, this is a commission that Organization to hold China account- coming self-sufficient in our ability to has been working now for 4 years. It is able for its dubious trade practices. fight a war without dependency upon a bipartisan commission. These are Major problem issues, such as intellec- foreign countries. specific recommendations. This amend- tual property rights, have yet to be ad- Eighth, the Committee on Foreign ment is a sense of the Senate to follow dressed. Investment in the United States, called these recommendations.

VerDate Aug 04 2004 02:26 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.005 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8785 This is amendment No. 1476. thank my colleagues for their coopera- corded, $9 billion that was unaccounted AMENDMENT NO. 1312 WITHDRAWN tion. That amendment one that I de- for. ‘‘Uncle Sam Looks into Meal Bills: Mr. INHOFE. Mr. President, I with- scribed at some length on Friday. It Halliburton Refunds $27 Million as Re- draw amendment No. 1312. has to do with the joint inquiry of the sult.’’ A company that was a Saudi sub- The PRESIDING OFFICER. Without two Intelligence Committees into the contractor doing business through Hal- objection, amendment No. 1312 is with- terrorist attacks of September 11, 2001. liburton billed the Government for drawn. It has to do with the 28 pages in this 42,000 meals a day, but they only served 14,000 meals to our troops. Let me say AMENDMENT NO. 1476 joint inquiry that have been redacted that again. They were charging the Mr. INHOFE. We are considering and classified as top secret. The Amer- Government for 42,000 meals served amendment No. 1476. I ask for the yeas ican people should see these 28 pages. every day to our troops; they were only and nays on amendment No. 1476. The chairman and the ranking member serving 14,000 meals. The PRESIDING OFFICER. Is there a of the Intelligence Committee at the time said they believe the American This was not the first time Halli- sufficient second? burton has been questioned about this. There appears to be a sufficient sec- people should see these 28 pages. The Government of Saudi Arabia said the This was in February 2004. ond. Also in February 2004, ‘‘Halliburton The yeas and nays were ordered. American people deserve to see these 28 pages. This book went to the White Faces Criminal Investigation.’’ Mr. INHOFE. I yield the floor. They focus on efforts to solicit bids The PRESIDING OFFICER. The Sen- House for publication. The White House redacted it and classified it as that transport fuel to Baghdad. Prices ator from North Dakota. Halliburton charged for that work were top secret. Mr. DORGAN. Mr. President, am I substantially higher than the cost of now recognized for 15 minutes? I have read the 28 pages. My colleagues have had an opportunity to trucking in fuel from Turkey. Pen- The PRESIDING OFFICER. Yes. tagon launches criminal investigation Mr. DORGAN. Mr. President, my col- read them. My former colleague from Florida, who was chairman of the Sen- for possible fraud. league has sought to have the yeas and ‘‘Ex-Halliburton Workers Allege ate Intelligence Committee, described nays on his amendment. Let me do the Rampant Waste.’’ Said one employee: the question of whether the hijackers same. I have two amendments pending. They did not control costs at all. Their Should there be cloture invoked on this on 9/11—and 15 of the 19 were Saudi motto was do not worry about costs. It underlying bill, as my colleague from citizens—whether the hijackers re- is cost plus. Oklahoma has suggested, I would like ceived support from foreign interests Henry Bunting—who testified, inci- my amendments to be considered prior and, if so, what kind of support, which dentally, before one of our Policy Com- to cloture. I have an amendment No. foreign interests. The American people mittee hearings—said that they spent 1429, which is offered. I ask for the yeas have a right to see this. $7,500 a month to rent ordinary vehi- I hope the Senate will finally vote on and nays on both of my amendments. cles, cars and trucks, when the vehicles asking the President to declassify Then I will speak on the amendments could have been rented for less than these pages and give the American peo- ever so briefly. $2,000 a month through the Internet. He ple the right to understand what is in I ask unanimous consent that the also held up some towels. He said they those 28 pages. pending amendment be set aside. had purchased monogrammed towels Again, the chairman of the Intel- The PRESIDING OFFICER. Without for $7.50—these are hand towels for the ligence Committee and the ranking objection, it is so ordered. troops—that should have cost $2.50. member, a Republican and a Democrat, Why $7.50? Because Halliburton wanted AMENDMENTS NOS. 1426 AND 1429 believed at the time those 28 pages Mr. DORGAN. Mr. President, I ask their logo on the towels. should not have been classified. Now it is May. In February, they that we consider amendment 1429. I I will now turn to amendment No. talked about overcharging 42,000 meals previously filed that amendment. 1429. It deals with waste, fraud, and when they only served 14,000 meals. The PRESIDING OFFICER. The Sen- abuse in contracting in Iraq, and it Now it is May of last year, 4 months ator has a right to make that the reg- deals especially with Halliburton, but later, and the Pentagon says: We are ular order. The amendment is now not exclusively with Halliburton. I suspending $159 million in meal charges pending. have offered this amendment pre- to Halliburton for feeding soldiers be- Mr. DORGAN. Mr. President, I ask viously as well. cause the fact is they were charging for for the yeas and nays on amendment It is unbelievable to me the billions meals they were not serving. No. 1429. and billions of dollars being spent. A They are still engaged in the same The PRESIDING OFFICER. Is there a substantial portion of it is being wast- contract, still cheating, and nobody sufficient second? ed. We know that, and yet no one does a thing about it. There appears to be a sufficient sec- seems to care or do much about it. ‘‘Millions in U.S. Property Lost.’’ ond. Let me show some charts, if I may. Halliburton lost $18.6 million in Gov- The yeas and nays were ordered. This is a chart of someone who testi- ernment property in Iraq. Auditors Mr. DORGAN. I ask unanimous con- fied before a policy committee hearing could not account for 6,975 items on the sent that the pending amendment be I held. This fellow—you cannot see his ledgers of Halliburton’s unit. set aside. face—this fellow in the blue striped ‘‘Halliburton is Unable to Prove $1.8 The PRESIDING OFFICER. Without shirt testified. He was in Iraq when Billion in Work, Pentagon Says.’’ This objection, it is so ordered. this picture was taken. This is Saran- has gone on and on. Has Congress done Mr. DORGAN. Mr. President, I ask wrapped bundles of 100-dollar bills, a thing about it, any oversight hear- unanimous consent that we consider some millions of dollars in 100-dollar ings? None. Nobody seems to care amendment No. 1426, which I pre- bills. He said in this particular area much. viously filed. they often played football with these Let me read from a hearing we held The PRESIDING OFFICER. The Sen- Saran-wrapped bundles of 100-dollar in the Policy Committee, a hearing we ator can make that the regular order. bills. held because the oversight committees The amendment is now pending. What was he doing with bundles of do not hold these hearings. Let me read Mr. DORGAN. Mr. President, I ask 100-dollar bills? The area where this what the top civilian in the Corps of for the yeas and nays on amendment cash was stored, subcontractors in Iraq Engineers, who is engaged in these con- No. 1426. were told: Bring a bag because we pay tracts and approves these contracts, The PRESIDING OFFICER. Is there a in cash; bring a bag. Show up here and said. This is a woman named sufficient second? want to get paid for whatever you are Bunnatine Greenhouse. She rose to the There appears to be a sufficient sec- doing? Bring a bag because we pay in highest level in the Corps of Engineers ond. cash. for civilian employees, and now she is The yeas and nays were ordered. Let me talk for a moment about the losing her job because she was honest. Mr. DORGAN. Mr. President, I will five hearings we held. We heard about Here is what she said: I can unequivo- briefly describe amendment No. 1426. I cash transactions that were unre- cally state that the abuse related to

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.037 S25JYPT1 S8786 CONGRESSIONAL RECORD — SENATE July 25, 2005 contracts awarded to Halliburton rep- The question is: When will someone to authorize to be spent on defense, but resents the most blatant and improper care enough to begin to take a hard because of the way it is written and the contract abuse I have witnessed during look at the money we are spending? subject, it will fall postcloture. For the course of my professional career. Nearly $200 billion has gone out of that reason, I hope we will not invoke This courageous lady comes forward here, all of it emergency funding, none cloture tomorrow. to testify to say these things, and now of it paid for. A substantial portion of I thank my colleagues for the time her career pays a price for it because that goes to contractors and much of it and hope they will seriously consider we do not want to upset the good old sole-source contractors, no-bid and both amendments I have described boy network around here. They want to cost-plus contracts. The American tax- today. give a sweetheart deal to a company, payers, in my judgment, are paying the Mr. WARNER. I thank our colleague. suspend the rules, and give a sweet- price for very substantial abuse and It will be given careful consideration. heart deal. They cheat you, cheat you very substantial waste and fraud. It relates to an important subject mat- again and again, do not worry about it. The moment someone comes to the ter. Do a little investigation down at the Senate floor and mentions the word I understand the Senator from Colo- Pentagon, but don’t anybody in Con- ‘‘Halliburton,’’ they say: You are at- rado has about 10 minutes, followed by gress call attention to it. It would be tacking the Vice President. I am not. Senators MCCAIN, GRAHAM, and WAR- uncomfortable and embarrassing to The Vice President used to run Halli- NER for 1 hour. somebody. burton Corporation. He does not and The PRESIDING OFFICER. The Sen- In 1941, Harry Truman, the Senator has not since the year 2000. None of the ator from Colorado. from Missouri, served in this Chamber. examples I have cited have happened Mr. ALLARD. I thank the chairman He was a flinty, tough independent. A prior to that time, they have happened for yielding me 10 minutes. member of his own party was in the since that time. This is not the Vice There are three amendments that I White House, Franklin Delano Roo- President’s corporation. It is not on his have offered and I would like to ask for sevelt. A Democrat in the Senate took watch as CEO of Halliburton. But these their consideration, and then I wish to on the task of identifying the waste, are sweetheart contracts, sole-source make some comments relating to one abuse, and fraud that was occurring in contracts. of them and then finally some com- spending on our defense. They held Fifty thousand pounds of nails are ments on the Levin missile defense hearing after hearing, and they un- ordered to the country of Iraq, and amendment offered earlier today. earthed a massive amount of fraud, they are the wrong size. So if one AMENDMENT NO. 1419 waste, and abuse. I am sure that was wants some nails, they are laying on uncomfortable for the Democrat in the I ask unanimous consent that we set the ground somewhere there in the White House, Franklin Delano Roo- aside the pending amendment, and I sand, just another piece of waste. Sev- sevelt, because a Democrat Senator ask for the consideration of amend- enty-five hundred dollars to rent a ve- was leading the fight. He did it through ment No. 1419. hicle for a month. Buy new trucks for the Truman Committee that took a The PRESIDING OFFICER. Without $85,000, get a flat tire, leave them by hard look at this kind of fraud and objection, it is so ordered. the roadside to be trashed. Buy new abuse. Mr. ALLARD. I ask for the yeas and My amendment would reestablish a trucks for $85,000 and have a fuel pump nays on that amendment. Truman-type committee, with Mem- plugged, leave them by the roadside to The PRESIDING OFFICER. Is there a bers of both parties on it. When we are be trashed and looted. All of that sufficient second? shoving tens of billions of dollars out comes from testimony from people who There appears to be a sufficient sec- the door to companies such as Halli- used to work for Halliburton. They ond. burton in sole-source contracts, some- have come before our Policy Com- The yeas and nays were ordered. body has to watch the cash register. mittee and told these stories that de- AMENDMENT NO. 1383 We had a fellow named Rory testify scribe outrageous amounts of waste, Mr. ALLARD. Mr. President, I would recently at the Policy Committee. fraud, and abuse. The question is: Why ask unanimous consent to lay aside Again, we are holding hearings only be- does no one in this Congress seem to that amendment, and I ask for the con- cause there are not aggressive over- care? My hope is that this Congress sideration of amendment No. 1383. That sight hearings held in the rest of the would agree to create a Truman-type amendment has been previously filed. Congress because the majority party committee, a committee of Repub- The PRESIDING OFFICER. Without worries it would embarrass somebody. licans and Democrats that would take objection, it is so ordered. So Rory comes to testify. He is running a hardnosed, flinty look at how money The clerk will report. a food service unit for Halliburton in is being spent. The legislative clerk read as follows: Iraq and he says: We are getting food How much time remains? The PRESIDING OFFICER. One The Senator from Colorado [Mr. ALLARD] that is in some cases over a year ex- proposes an amendment numbered 1383. pired on the date stamp for the food. minute. Mr. ALLARD. Mr. President, I ask What do they do? They are told: Feed Mr. DORGAN. Mr. President, some of unanimous consent that the reading of it to the troops. my colleagues have said they would We get food that comes in on a con- like a vote on their amendments prior the amendment be dispensed with. voy that has been attacked. What do to cloture. My hope is that we will not The PRESIDING OFFICER. Without they do? The supervisors say go into have a cloture vote, by the way. I objection, it is so ordered. those trucks and remove the shrapnel think the best Defense authorization The amendment is as follows: and remove the bullets and save the bills that we have had in the Congress (Purpose: To establish a program for the bullets as souvenirs for the Halliburton have been those that have been debated management of post-project completion re- supervisors and feed the food to the on the Senate floor for a week or two tirement benefits for employees at Depart- ment of Energy project completion sites) troops. where we have had a substantial oppor- Yes, this fellow ran one of those tunity to think through and debate sig- On page 378, between lines 10 and 11, insert agencies. Here is what he said: When I nificant and difficult issues. So I would the following: was an employee for Halliburton and hope we will not have a cloture vote to- SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT BENE- they were doing this sort of thing, we morrow. If in fact we do, I will join my FITS FOR EMPLOYEES AT DEPART- were told if a Government auditor colleague from Oklahoma and others MENT OF ENERGY PROJECT COM- comes around, do not dare talk to the who suggest that I would like a vote PLETION SITES. Government auditor. If you do, one of prior to cloture because his amend- (a) PROGRAM AUTHORIZED.— two things will happen: You will either ments and mine would fall postcloture. (1) IN GENERAL.—The Secretary of Energy shall carry out a program under which the be sent to a fire zone in Iraq, one under That is one of the dilemmas of cloture. Secretary shall use competitive procedures attack, one with significantly more Clearly, my amendment deals with to enter into an agreement with a contractor danger than where you work now, or something that is very important, that for the plan sponsorship and program man- you will be fired summarily. Do not attends to the money we are spending agement of post-project completion retire- talk to Government auditors. on defense and the money we are going ment benefits for eligible employees at each

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.039 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8787 Department of Energy project completion fits provided to eligible employees at a De- inspection in appropriate offices of the site. partment of Energy project completion site United States Fish and Wildlife Service and (2) REQUIREMENT OF NO REDUCTION IN TOTAL as of the physical completion date through the Department of Energy. VALUE OF RETIREMENT BENEFITS.—The total collective bargaining agreements, projects, (4) NATURAL RESOURCE DAMAGE LIABILITY value of post-project completion retirement or contracts for work scope, including pen- CLAIM.—The term ‘‘natural resource damage benefits provided to eligible employees at a sion, health care, life insurance benefits, and liability claim’’ means a natural resource Department of Energy project completion other applicable welfare benefits. damage liability claim under subsections site may not be reduced under the program (4) ELIGIBLE EMPLOYEES.—The term ‘‘eligi- (a)(4)(C) and (f) of section 107 of the Com- required under paragraph (1) without the ble employees’’ includes— prehensive Environmental Response, Com- specific authorization of Congress. (A) any employee who— pensation, and Liability Act of 1980 (42 (b) AGREEMENT FOR BENEFITS MANAGE- (i) was employed by the Department of en- U.S.C. 9607) arising from hazardous sub- MENT.— ergy or by contract or first or second tier stances releases at or from Rocky Flats that, (1) IN GENERAL.—The Secretary of Energy subcontract to perform cleanup, security, or as of the date of enactment of this Act, are shall, in accordance with procurement rules administrative duties or responsibilities at a identified in the administrative record for and regulations applicable to the Depart- Department of Energy project completion Rocky Flats required by the National Oil ment of Energy, enter into the agreement site; and and Hazardous Substances Pollution Contin- described in subsection (a) not later than 90 (ii) has met applicable eligibility require- gency Plan prepared under section 105 of days after the date of the physical comple- ments for post-project completion retire- that Act (42 U.S.C. 9605). tion date for the Department of Energy ment benefits as of the physical completion (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ project completion site covered by the agree- date; and means the Department of Energy facility in ment. (B) any eligible dependant of such an em- the State of Colorado known as the ‘‘Rocky (2) TERMS OF AGREEMENT.—The agreement ployee, as defined in the post-project comple- Flats Environmental Technology Site’’. under this section shall— tion retirement benefits plan documents. (6) SECRETARY.—The term ‘‘Secretary’’ (A) provide for the plan sponsorship and (5) UNFUNDED ACCRUED LIABILITY.—The means the Secretary of Energy. program management of post-project com- term ‘‘unfunded accrued liability’’ means, (7) TRUSTEES.—The term ‘‘Trustees’’ means pletion retirement benefits; with respect to eligible employees, the ac- the Federal and State officials designated as (B) fully describe the post-project comple- crued liability, as determined in accordance trustees under section 107(f)(2) of the Com- tion retirement benefits to be provided to with an actuarial cost method, that exceeds prehensive Environmental Response, Com- employees at the Department of Energy the present value of the assets of a pension pensation, and Liability Act of 1980 (42 project completion site; and plan and the aggregate projected life-cycle U.S.C. 9607(f)(2)). (C) require that the Secretary reimburse (b) PURCHASE OF ESSENTIAL MINERAL health care costs. the contractor for the costs of plan sponsor- RIGHTS.— (6) PLAN SPONSORSHIP AND PROGRAM MAN- ship and program management of post- (1) IN GENERAL.—Not later than 1 year after AGEMENT OF POST-PROJECT COMPLETION RE- project completion retirement benefits. the date of enactment of this Act, such TIREMENT BENEFITS.—The term ‘‘plan spon- (3) RENEWAL OF AGREEMENT.—The agree- amounts authorized to be appropriated under sorship and program management of post- ment shall be subject to renewal every 5 subsection (c) shall be available to the Sec- project completion retirement benefits’’ years until all the benefit obligations have retary to purchase essential mineral rights means those duties and responsibilities that been met. at Rocky Flats. are necessary to execute, and are consistent (c) REPORT.— (2) CONDITIONS.—The Secretary shall not with, the terms and legal responsibilities of (1) IN GENERAL.—Not later than 30 days purchase an essential mineral right under after signing of the agreement described in the instrument under which the post-project paragraph (1) unless— subsection (a), the Secretary of Energy shall completion retirement benefits are provided (A) the owner of the essential mineral submit to the congressional defense commit- to employees at a Department of Energy right is a willing seller; and tees a report on the program established project completion site. (B) the Secretary purchases the essential under such subsection. AMENDMENT NO. 1506 mineral right for an amount that does not (2) CONTENTS.—The report submitted under Mr. ALLARD. Mr. President, I ask exceed fair market value. paragraph (1) shall describe— unanimous consent to lay that amend- (3) LIMITATION.—Only those funds author- (A) the costs of plan sponsorship and pro- ment aside, and I ask for the consider- ized to be appropriated under subsection (c) shall be available for the Secretary to pur- gram management of post-project comple- ation of amendment No. 1506. tion retirement benefits; chase essential mineral rights under para- (B) the funding profile in the Department The PRESIDING OFFICER. Without graph (1). of Energy’s future year budget for the plan objection, it is so ordered. (4) RELEASE FROM LIABILITY.—Notwith- sponsorship and program management of The clerk will report. standing any other law, any natural resource post-project completion retirement benefits The legislative clerk read as follows: damage liability claim shall be considered to be satisfied by— under the agreement entered into under sub- The Senator from Colorado [Mr. ALLARD], (A) the purchase by the Secretary of essen- section (b); for himself and Mr. SALAZAR, proposes an (C) the amount of unfunded accrued liabil- amendment No. 1506. tial mineral rights under paragraph (1) for ity for eligible workers at the Department of consideration in an amount equal to Energy project completion site; and Mr. ALLARD. Mr. President, I ask $10,000,000; (D) the justification for awarding the unanimous consent that the reading of (B) the payment by the Secretary to the agreement entered into under subsection (b) the amendment be dispensed with. Trustees of $10,000,000; or to the selected contractor. The PRESIDING OFFICER. Without (C) the purchase by the Secretary of any (d) DEFINITIONS.—In this section: objection, it is so ordered. portion of the mineral rights under para- (1) PHYSICAL COMPLETION DATE.—The term The amendment is as follows: graph (1) for— ‘‘physical completion date’’ means— (i) consideration in an amount less than (A) the date of physical completion or (Purpose: To authorize the Secretary of En- $10,000,000; and achievement of a similar milestone defined ergy to purchase certain essential mineral (ii) a payment by the Secretary to the by or calculated in accordance with the rights and resolve natural resources dam- Trustees of an amount equal to the dif- terms of the completion project contract; or age liability claims) ference between— (B) if the completion project contract On page 378, between lines 10 and 11, insert (I) $10,000,000; and specifies no such date, the date declared by the following: (II) the amount paid under clause (i). the site contractor and accepted by the De- SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- (5) USE OF FUNDS.— partment of Energy that the site contractor NOLOGY SITE. (A) IN GENERAL.—Any amounts received has completed all services required by the (a) DEFINITIONS.—In this section: under paragraph (4) shall be used by the project completion contract other than (1) ESSENTIAL MINERAL RIGHT.—The term Trustees for the purposes described in sec- close-out tasks and any other tasks excluded ‘‘essential mineral right’’ means a right to tion 107(f)(1) of the Comprehensive Environ- from the contract. mine sand and gravel at Rocky Flats, as de- mental Response, Compensation, and Liabil- (2) DEPARTMENT OF ENERGY PROJECT COM- picted on the map. ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- PLETION SITE.—The term ‘‘Department of En- (2) FAIR MARKET VALUE.—The term ‘‘fair ing— ergy project completion site’’ means a site, market value’’ means the value of an essen- (i) the purchase of additional mineral or a project within a site, in the Department tial mineral right, as determined by an ap- rights at Rocky Flats; and of Energy’s nuclear weapons complex that praisal performed by an independent, cer- (ii) the development of habitat restoration has been designated by the Secretary of En- tified mineral appraiser under the Uniform projects at Rocky Flats. ergy for closure or completion without any Standards of Professional Appraisal Prac- (B) CONDITION.—Any expenditure of funds identified successor contractor. tice. under this paragraph shall be made jointly (3) POST-PROJECT COMPLETION RETIREMENT (3) MAP.—The term ‘‘map’’ means the map by the Trustees. BENEFITS.—The term ‘‘post-project comple- entitled ‘‘Rocky Flats National Wildlife Ref- (C) ADDITIONAL FUNDS.—The Trustees may tion retirement benefits’’ means those bene- uge’’, dated July 25, 2005, and available for use the funds received under paragraph (4) in

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.012 S25JYPT1 S8788 CONGRESSIONAL RECORD — SENATE July 25, 2005 conjunction with other private and public Flats. This basically will provide for Under the amendment I am intro- funds. the Secretary to purchase these min- ducing today, the Secretary of Energy (6) EXEMPTION FROM NATIONAL ENVIRON- eral rights. There is money that has will be required to purchase essential MENTAL POLICY ACT.—Any purchases of min- mineral rights necessary to transition eral rights under this subsection shall be ex- been provided for this in previous legis- empt from the National Environmental Pol- lation and that is pending. This allows Rocky Flats to a national wildlife ref- icy Act of 1969 (42 U.S.C. 4321 et seq.). for the transfer of those mineral rights uge. (7) ROCKY FLATS NATIONAL WILDLIFE REF- on Rocky Flats. It is based on the The Secretary can only purchase UGE.— owner of the mineral rights being will- these mineral rights once the following (A) TRANSFER OF MANAGEMENT RESPON- ing to sell. conditions are met: (1) The owner of SIBILITIES.—The Rocky Flats National Wild- In 2001, I successfully inserted a pro- the minieral right is a willing seller; life Refuge Act of 2001 (16 U.S.C. 668dd note; vision in the National Defense author- (2) the Secretary purchases the mineral Public Law 107–107) is amended— right at fair market value; and (3) the (i) in section 3175— ization bill that authorized the cre- (I) by striking subsections (b) and (f); and ation of the Rocky Flats National Trustees for Rocky Flats release the (II) by redesignating subsections (c), (d), Wildlife Refuge. Under this legislation, Department from its natural resource and (e) as subsections (b), (c), and (d), respec- the Department of Energy was required damage liabilities under the Com- tively; and to transfer most of the Rocky Flats prehensive Environmental Response, (ii) in section 3176(a)(1), by striking ‘‘sec- Environmental Technology Site to the Compensation, and Liability Act of tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. Department of Interior for the pur- 1980, CERCLA. (B) BOUNDARIES.—Section 3177 of the poses of creating a wildlife refuge to Also included in this legislation is a Rocky Flats National Wildlife Refuge Act of provision that states that if the owner 2001 (16 U.S.C. 668dd note; Public Law 107–107) preserve Colorado’s rare Front Range is amended by striking subsection (c) and in- habitat. of the mineral right refuses to sell, the serting the following: Earlier, 2 months ago, the Depart- Secretary of Energy may satisfy the ‘‘(c) COMPOSITION.— ments of Energy and Interior signed a Department’s natural resource liability ‘‘(1) IN GENERAL.—Except as provided in memorandum of understanding that obligation by paying the trustees of paragraph (2), the refuge shall consist of land stipulated how and when the Depart- the site an amount equal to the fair within the boundaries of Rocky Flats, as de- ment of Energy would transfer the market value of the mineral right picted on the map— management of most of the Rocky owned by the unwilling seller. ‘‘(A) entitled ‘Rocky Flats National Wild- I believe this amendment makes too life Refuge’; Flats Environmental Technology Site ‘‘(B) dated July 25, 2005; and to the Department of Interior. How- much sense for us to pass up. We have ‘‘(C) available for inspection in the appro- ever, this memorandum of under- winners, winners, and winners. It is priate offices of the United States Fish and standing was incomplete. It completely certainly a win for the State of Colo- Wildlife Service and the Department of En- deferred the issue of the disruptive sur- rado—the State mechanism that would ergy. face mining of privately owned mineral provide more dollars for Colorado than ‘‘(2) EXCLUSIONS.—The refuge does not in- rights that is occurring on the site most likely would have been gained clude— through the normal natural resources ‘‘(A) any land retained by the Department until later this year. This deferral did of Energy for response actions under section not meet the legislation requirement damages settlement process. The own- 3175(c); under the Rocky Flats National Wild- ers of the mineral rights win because ‘‘(B) any land depicted on the map de- life Refuge Act and represented a crit- they now have an opportunity to sell scribed in paragraph (1) that is subject to 1 ical impediment to the closure of their mineral rights at fair market or more essential mineral rights described in Rocky Flats. value, a possibility that never existed section 3114(a) of the National Defense Au- The Department of Interior con- before. The Department of Energy wins thorization Act for Fiscal Year 2006 over because it is able to pay off its natural which the Secretary shall retain jurisdiction tended that surface mining such as of the surface estate until the essential min- that now occurring at Rocky Flats is resource damage liabilities that would eral rights— fundamentally contrary to its refuge have arisen under the Comprehensive ‘‘(i) are purchased under subsection (b) of management goals, and makes the Environmental Response, Compensa- that Act; or achievement of refuge purposes on tion, and Liability Act of 1980. The De- ‘‘(ii) are mined and reclaimed by the min- those lands impossible. partment of Interior wins because this eral rights holders in accordance with re- To better understand this issue, I re- legislation would remove the last im- quirements established by the State of Colo- pediment to the memorandum of un- rado; and quested that the Department of Energy ‘‘(C) the land depicted on the map de- hire an independent contractor to con- derstanding between Interior and the scribed in paragraph (1) on which essential duct an appraisal on the value of the Department of Energy so that Interior mineral rights are being actively mined as of mineral rights. The independent con- can move forward with creating a wild- the date of enactment of the National De- tractor determined the owners and pro- life refuge at Rocky Flats. Most impor- fense Authorization Act for Fiscal Year 2006 vided a preliminary cost estimate as to tantly, the people of Colorado win be- until— the fair market value of those mineral cause now they will be able to enjoy ‘‘(i) the essential mineral rights are pur- rights containing sand and gravel. the pristine beauty and splendor of the chased; or ‘‘(ii) the surface estate is reclaimed by the After the appraisal was completed, Rocky Mountain’s Front Range mineral rights holder in accordance with re- my staff personally contacted each through the Rocky Flats National quirements established by the State of Colo- mineral rights owner. I wanted to see if Wildlife Refuge. Hundreds of acres of rado. they would be interested in selling if rare xeric tallgrass prairie will be pre- ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— they were offered money for the fair served. The natural wildlife in the ref- Notwithstanding paragraph (2), upon the market value of the mineral rights. I uge will be protected. purchase of the mineral rights or reclama- also reassured them that the owners As I said, this is a win-win proposal. tion of the land depicted on the map de- would not be forced to sell if they Everyone gains. I urge my colleagues scribed in paragraph (1), the Secretary to support my amendment. shall— didn’t want to. ‘‘(A) transfer the land to the Secretary of Shortly thereafter, it was brought to AMENDMENT NO. 1492 the Interior for inclusion in the refuge; and my attention that the purchase of min- I rise in opposition to the Levin mis- ‘‘(B) the Secretary of the Interior shall— eral rights could be included as part of sile defense amendment. This amend- ‘‘(i) accept the transfer of the land; and a comprehensive natural resource dam- ment eliminates $30 million—there has ‘‘(ii) manage the land as part of the ref- age settlement. I am pleased to an- been $50 million requested—for long- uge.’’. nounce that the State of Colorado, my lead funding for ground-based inter- (c) FUNDING.—Of the amounts authorized colleague from Colorado, Senator ceptor missiles 31–40 and $20 million for to be appropriated to the Secretary for the Rocky Flats Environmental Technology Site SALAZAR, and I have worked out legis- associated silo construction. The $50 for fiscal year 2006, $10,000,000 shall be made lation providing for such an arrange- million would be used to plus-up the available to the Secretary for the purposes ment. I am confidant that this arrange- Cooperative Threat Reduction Program described in subsection (b). ment will be acceptable to the Depart- which is already fully funded at $415.5 Mr. ALLARD. Mr. President, No. 1506 ment of Energy and the Department of million, with an additional $1.6 billion deals with the mineral rights at Rocky Interior. for DOE nonproliferation programs.

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.013 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8789 The CTR currently has $500 million particular amendment that Senator to take 1 minute to address both Colo- in unobligated funds for 2005. So I LEVIN has introduced tends to make it rado Senators. would hope we could keep these provi- difficult for us to meet our long-range I followed with interest your amend- sions in the current authorization bill. goals, to protect the borders of this ments. I do hope we now have on the DOD already directed a $1 billion re- country, and protect the American peo- record a clear statement of support by duction in MDA funding in fiscal year ple from some type of missile attack. the Secretary of Energy. Am I correct 2006 and $5 billion in 2006 through 2011. In today’s environment, it is important in that? To add upon that an additional reduc- that we have that insurance for the fu- Mr. ALLARD. As I have discussed tion in long-term funding puts this pro- ture of America. with the Chairman’s staff—I assume gram in jeopardy. We need to have I wanted to make the comments on you are talking about the amendment those long-term plans in place, funded, the Levin amendment because I think on the mineral rights. because they are very important to the it is ill-advised in light of the state of Mr. WARNER. Yes. security of this Nation. the world today. Mr. ALLARD. That provision is be- This amendment would unnecessarily Mr. President, how much time do I fore the OMB, so I cannot publicly delay the fielding of ground-based have left? state their position until we get a deci- interceptors in 2009 and 2010. We simply The PRESIDING OFFICER. The Sen- sion back from OMB. cannot afford such a delay because the ator has 3 minutes remaining. Mr. WARNER. I thank the Senator. threat is ‘‘real and imminent,’’ as Gen- Mr. ALLARD. Mr. President, I yield Now, Mr. President, we would like to eral Cartwright has testified. The CIA the remainder of my time to the chair- commence the 1 hour. I yield the floor and DIA assess North Korea as ready to man. so Senator MCCAIN can gain recogni- flight test an ICBM that can reach the The PRESIDING OFFICER. The Sen- tion. But I would want to say this is a United States, and Iran may have such ator from Virginia. subject that is enormously important. a capability in 2015, according to the Mr. WARNER. Mr. President, under I commend Senator MCCAIN and Sen- DIA. the unanimous consent requirement, ator GRAHAM. It merits the full atten- A production break, by the way, Senator MCCAIN, Senator GRAHAM, and tion and hopefully the support of the would cost $270 million to restart, so I are now recognized for an hour. I ask Senate. These are issues that go far be- there is a cost in delaying these funds. our distinguished colleague from Ari- yond just the question of detention. It Despite recent test failures, the tech- zona—I would like to amend that to goes to the perception of the great Na- nology is mature enough to proceed allow Senator SALAZAR to go for 2 min- tion of which we are privileged to be with fielding even though we continue utes. I request that unanimous con- citizens, the United States of America, to test and improve reliability. sent. as it relates to how we treat those peo- STRATCOM, the Director of Oper- The PRESIDING OFFICER. Without ple who come into our custody in the ational Tests and Evaluation, and the objection, it is so ordered. course of defending freedom, on battle Independent Review Team agree that The Senator from Colorado is recog- fields, and elsewhere in the world. I the ground-based midcourse defense nized. have such great respect for Senator test bed has some limited capability. AMENDMENT NO. 1506 MCCAIN. The Independent Review Team also Mr. SALAZAR. Mr. President, I I yield the floor. found no fundamental design flaws thank my friend from Arizona, also my AMENDMENT NO. 1557, AS MODIFIED with the GMD system, and that we friend from Virginia, and my friend The PRESIDING OFFICER. The Sen- need to concentrate on manufacturing from Rhode Island for agreeing to let ator from Arizona. quality control. me speak for a couple of minutes on Mr. MCCAIN. Mr. President, I ask I happen to be in favor of more oper- this amendment. unanimous consent that I be allowed to ational testing. The MDA is pursuing a The amendment both Senator AL- modify my amendment No. 1557, which prudent approach by delaying further LARD and I are proposing, amendment is at the desk. testing until reliability issues are ad- No. 1506, is very important as we move The PRESIDING OFFICER. Without dressed. Four flight tests were sched- forward with the Department of En- objection, it is so ordered. uled for 2006, starting in October and ergy complex. We have created a great Mr. MCCAIN. Mr. President, I ask the ending with an intercept next Sep- model for the rest of our country as to pending amendment be set aside, and I tember. Also, the SASC adopted the how we clean up the remnants of the call up amendment No. 1557, which is Nelson amendment that directs in- Cold War. How we do this in an appro- at the desk. I ask the clerk continue creasing cooperation between inde- priate fashion to bring the cleanup of the reading of the amendment because pendent testing agencies and MDA, and Rocky Flats to completion is a very it is short and important. calls for more operationally realistic important part of our Nation’s efforts The PRESIDING OFFICER. Without testing that will be evaluated by the to clean up these facilities. objection, the clerk will report. Director of Operational Test and Eval- Amendment No. 1506 is a great step The legislative clerk read as follows: uation. in the right direction because it will The Senator from Arizona [Mr. MCCAIN], I have been out to visit the southern help us bring to conclusion, in a final for himself, Mr. WARNER, Mr. GRAHAM, and parts of the test bed. I am convinced Ms. COLLINS, proposes an amendment num- form, the cleanup at Rocky Flats. I bered 1557, as modified: our technology is there. I am convinced commend my colleague from Colorado, At the end of subtitle G of title X, add the the threat is real. As a result, I think Senator ALLARD, for his leadership on following: we need to move forward and we need this effort over the years. I also com- SEC. 1073. UNIFORM STANDARDS FOR THE IN- to move forward in a long-term way so mend him and both of our staffs for TERROGATION OF PERSONS UNDER the manufacturers who provide the having worked out the issues with the THE DETENTION OF THE DEPART- missiles and technology for the pro- Department of Energy and Department MENT OF DEFENSE. gram have some reliable source of rev- of Interior over the weekend. (a) LIMITATION ON INTERROGATION TECH- NIQUES.— enue as we move forward. We should I also want to inform my colleagues (1) IN GENERAL.—No person in the custody not interrupt the program. The agen- that I have had a hold on four nomi- or under the effective control of the Depart- cies that are responsible for admin- nees who had been passed out of the ment of Defense or under detention in a De- istering the program need to have that committee, out of the Energy Com- partment of Defense facility shall be subject funding there so they can continue to mittee. I am lifting the holds on Jill to any treatment or technique of interroga- plan in the future for the defense of Sigal, David Hill, James Rispoli, and tion not authorized by and listed in the this country. Thomas Weimer so that they can move United States Army Field Manual on Intel- There is an emerging threat. There is forward and hopefully be confirmed by ligence Interrogation. (2) APPLICABILITY.—Paragraph (1) shall not a threat that continues to emerge, I the Senate before we get into the Au- apply to with respect to any person in the would say, from North Korea. I think gust recess. custody or under the effective control of the we have to be concerned about Iran. I yield the remainder of my time. Department of Defense pursuant to a crimi- I have always been a strong pro- Mr. WARNER. Mr. President, we now nal law or immigration law of the United ponent of missile defense. I think this turn to the three Senators. I would like States.

VerDate Aug 04 2004 04:20 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.043 S25JYPT1 S8790 CONGRESSIONAL RECORD — SENATE July 25, 2005 (3) CONSTRUCTION.—Nothing in this sub- cause inevitably these abuses become As I said, the amendment I am offer- section shall be construed to affect the public. When they do, the cruel actions ing would establish the Army Field rights under the United States Constitution of a few darken the reputation of our Manual as the standard for interroga- of any person in the custody or under the honorable country in the eyes of mil- tion of all detainees held in Depart- physical jurisdiction of the United States. lions. Mistreatment of our prisoners ment of Defense custody. The manual Mr. MCCAIN. Mr. President, I asked also endangers U.S. servicemembers has been developed by the executive that amendment be read because there who might be captured by the enemy— branch for its own uses, with a new edi- may be various interpretations of what if not in this war, then in the next. tion written to take into account the this amendment is and what it means. I want to emphasize to some of my needs of the war on terror for the new What it means to the sponsors—and I friends who say that we should do any- classified annexes due to be issued am grateful to my friend, Senator thing that is necessary to extract in- soon. WARNER, the distinguished chairman of telligence, No. 1, torture doesn’t work; The advantage of setting a standard the committee, and Senator GRAHAM No. 2, if extraneous or extraordinary for interrogation based on the field and others, including Senator COLLINS actions have to be taken—and there manual is to cut down on the signifi- and others who have supported this. may be cases, and we will get into this cant level of confusion that still exists Basically, it says the U.S. Army Field in the next amendment, where someone with respect to which interrogation Manual on Intelligence Interrogation has information that it is believed techniques are allowed. Two weeks ago, shall be the document that governs in- poses an immediate threat to the the Committee on Armed Services held terrogation of prisoners who are under United States—then I would suppose hearings, under the chairmanship of Department of Defense custody. that it would be entirely appropriate, Senator LINDSEY GRAHAM, with a slew Some of us may like to see this ex- under law, that the President of the of high-level Defense Department offi- panded to treatment of prisoners who United States could make that judg- cials from regional commanders to are under custody of different agencies ment and take whatever actions are judge advocate generals from the var- of Government. This applies to the De- necessary. In the meantime, the Army ious branches to the Department’s dep- partment of Defense. Field Manual authorizes interrogation uty general counsel. Before I proceed further, I ask my techniques that are proven effective in friend from Virginia—as he knows, we extracting lifesaving information from A chief topic of discussion was what have two amendments. One is this one the most hardened prisoners. It also specific interrogation techniques are which we have just read, and the other recognizes that torture and cruel treat- permitted, in what environment, with one concerning cruel and inhumane ment are ineffective methods because which DOD detainees, by whom and treatment, which we are sort of still they induce prisoners to say what their when. The answers included a whole lot working on. Is it the desire of the interrogators want to hear, even if it is of confusion. We got a bunch of con- Chairman we take up both amend- not true. tradictory answers. Several: I would It is consistent with our laws and, ments at this time? have to take a look at that. A few: Let most importantly, our values. Our val- Mr. WARNER. Mr. President, I sug- me get back to you. ues are different from those of our en- gest we take up the other one—you and Let’s think about that for a second. emies. When colleagues or others may I have discussed it—as soon as the If at the highest level of the Pentagon come on this floor and say: Well, they other one is completed because I am a they do not know what exact tech- do it, others do it, al-Qaida does it, cosponsor on the one that is now pend- niques are allowed and what aren’t, other nations in the world do it, what what is going on in the prisons? What ing. differentiates us, the United States of Mr. MCCAIN. I thank the distin- is going on with the soldiers, the ser- America, from other countries is the geant, the corporal, those who are sup- guished chairman. For the information fact that we do not. We do not abuse of my colleagues, the second amend- posed to do the actual interrogations? human rights. We do not do it. I would What we are trying to do is make sure ment, which would be before the Sen- argue the pictures, terrible pictures ate for consideration at a different there are clear and exact standards set from Abu Ghraib, harmed us—not only for interrogation of prisoners which time, basically says that cruel and in- in the Arab world, which is an area of humane treatment will not be inflicted have held for other wars and are now great concern but it also harmed us being updated to take into consider- upon any prisoner, and we would ad- dramatically amongst friendly nations, here to the Geneva Conventions as well ation the kind of war that we are in. the Europeans, many of our allies. Confusion results in the kind of as other international agreements con- Of course, they were appalled. Of messes that once again could give cerning the treatment of prisoners. course, we were all appalled. As we go America a black eye around the world. But on this issue it says this amend- through this later on, there were inter- ment would prohibit cruel and inhu- esting exchanges between the civilian We need a clear, simple, and consistent mane and degrading treatment of pris- general counsel in the Pentagon and standard. We will have it in the Army oners in the detention of the U.S. Gov- the military judge advocate general’s— Field Manual on interrogation. That is ernment, and it is basically fairly members of the judge advocate general, not my opinion but that of many more straightforward and simple, as I read. who were deeply concerned about regu- distinguished military legal minds The Army Field Manual and its var- lations that were proposed for adop- than mine. ious editions have served America well, tion, and exhibited very serious and I received a letter recently from a through wars against both regular and fundamental concerns. For a short pe- group of people, 11 former high-ranking irregular foes. The manual embodies riod of time, unfortunately, those ob- military officers, including RADM the values Americans have embraced jections by the uniform lawyers in the John Hutson and RADM Don Guter, for generations while preserving the Pentagon were overruled, and we went who each served as the Navy’s top JAG, ability of our interrogators to extract through a period of time—thank God and Claudia Kennedy, who was Deputy critical intelligence from ruthless foes. only a few months—where interroga- Chief of Staff for Army Intelligence. Never has this been more important tion techniques were allowed which These and other distinguished officers than today in the midst of the war on were then repealed, I am happy to say. believe that the abuses took place in terror. Our friends in London and elsewhere part because our soldiers received am- I think we all agree to fight ter- find themselves confronting the same biguous instructions which, in some rorism we must obtain intelligence. evil that we do. Preserving the com- cases, authorized treatment that went But we have to ensure that it is reli- mon values we hold dear is more im- beyond what the Field Manual allows able and acquired in a way that is hu- portant than ever. We fight not just to and that had the Manual been followed mane. To do otherwise not only offends preserve our lives and liberties but our across the board we could have avoided our national morals but undermines morals, and we will never allow the the prisoner abuse scandal. our efforts to protect the Nation’s se- terrorists to take those from us. In this I am not sure we could have, Mr. curity. war that we must win—that we will President, but wouldn’t any of us have Abuse of prisoners harms—harms, win—we should never fight evil with done whatever we could to have pre- not helps—us in the war on terror be- evil. vented that?

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.015 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8791 I ask unanimous consent this letter, Brigadier General Evelyn P. Foote (Ret. President of the Alliance for National De- dated July 22, 2005, be printed in the USA). fense, a non-profit organization. Brigadier General David R. Irvine (Ret. Brigadier General David R. Irvine (Ret. RECORD. There being no objection, the mate- USA). USA)—General Irvine is a retired Army Re- Brigadier General Richard O’Meara (Ret. serve strategic intelligence officer and rial was ordered to be printed in the USA). taught prisoner interrogation and military RECORD, as follows: Ambassador Douglas ‘‘Pete’’ Peterson. law for 18 years with the Sixth Army Intel- JULY 22, 2005. Former Vietnam POW Commander Fred- ligence School. He last served as Deputy DEAR SENATOR MCCAIN: We strongly sup- erick C. Baldock (Ret. USN). Commander for the 96th Regional Readiness port your proposed amendments to the De- Former Vietnam POW Commander Phillip Command, and currently practices law in fense Department Authorization bill con- N. Butler (Ret. USN). Salt Lake City, Utah. cerning detainee policy, including requiring Brigadier General Richard O’Meara (Ret. all interrogations of detainees in DOD cus- General Joseph Hoar (Ret. USMC)—Gen- USA)—Brigadier General Richard O’Meara is tody to conform to the U.S. Army’s Field eral Hoar served as Commander-in-Chief, a combat decorated veteran who fought in Manual on Intelligence Interrogation (FM U.S. Central Command. After the first Gulf Vietnam before earning his law degree and 34–52), and prohibiting the use of torture and War, General Hoar led the effort to enforce joining the Army’s Judge Advocate General cruel, inhuman and degrading treatment by the naval embargo in the Red Sea and the Corps. He retired from the Army Reserves in any U.S. government agency. Persian Gulf, and to enforce the no-fly zone 2002 and now teaches courses on Human The abuse of prisoners hurts America’s in the south of Iraq. He oversaw the humani- Rights and History at Kean University and cause in the war on terror, endangers U.S. tarian and peacekeeping operations in Kenya at Monmouth University. service members who might be captured by and Somalia and also supported operations Ambassador Douglas ‘‘Pete’’ Peterson— the enemy, and is anathema to the values in Rwanda, and the evacuation of U.S. civil- Ambassador Peterson served as the ambas- Americans have held dear for generations. ians from Yemen during the 1994 civil war. sador to the Socialist Republic of Vietnam For many years, those values have been em- He was the Deputy for Operations for the until 2001. Prior to his diplomatic posting, bodied in the Army Field Manual. The Man- Marine Corps during the Gulf War and served Ambassador Peterson served three terms as ual applies the wisdom and experience as General Norman Schwarzkopf’s Chief of a member of the United States House of Rep- gained by military interrogators in conflicts Staff at Central Command. General Hoar resentatives, representing the Second Con- against both regular and irregular foes. It currently runs a consulting business in Cali- gressional District of Florida. He served 26 authorizes techniques that have proven ef- fornia. years in the United States Air Force having fective in extracting life-saving information Lt. General Robert G. Gard, Jr. (Ret. served in worldwide assignments as a fighter from the most hardened enemy prisoners. It USA)—General Gard is a retired Lieutenant pilot and commander. He is a distinguished also recognizes that torture and cruel treat- General who served in the United States combat veteran of the Vietnam War and was ment are ineffective methods, because they Army; his military assignments included incarcerated as a POW during that conflict induce prisoners to say what their interroga- combat service in Korea and Vietnam. He is for more than six years. He completed his tors want to hear, even if it is not true, while currently a consultant on international se- military service in 1981 and has extensive ex- bringing discredit upon the United States. curity and president emeritus of the Mon- perience in the private sector. It is now apparent that the abuse of pris- terey Institute for International Studies. Commander Frederick C. Baldock (Ret. oners in Abu Ghraib, Guantanamo and else- Lieutenant General Claudia J. Kennedy USN)—Commander Baldock was a Navy pilot where took place in part because our men (Ret. USA)—General Kennedy is the first and and is a combat veteran of the Vietnam War. and women in uniform were given ambiguous only woman to achieve the rank of three- His plane was shot down over North Vietnam instructions, which in some cases authorized star general in the United States Army. Ken- in 1966, and he spent seven years in captivity treatment that went beyond what was al- nedy served as Deputy Chief of Staff for as a POW. lowed by the Army Field Manual. Adminis- Army Intelligence, Commander of the U.S. Commander Phillip N. Butler (Ret. USN)— tration officials confused matters further by Army Recruiting Command, and as Com- Commander Butler was a Navy pilot and is a declaring that U.S. personnel are not bound mander of the 703d military intelligence bri- combat veteran of the Vietnam War. His by longstanding prohibitions of cruel treat- gade in Kunia, Hawaii. plane was shot down over North Vietnam in ment when interrogating non-U.S. citizens Major General Melvyn Montano (Ret. 1965, and he spent nearly eight years in cap- on foreign soil. As a result, we suddenly had USAF Nat. Guard)—General Montano was tivity as a POW. the adjutant general in charge of the Na- one set of rules for interrogating prisoners of Mr. MCCAIN. I read from the letter: war, and another for ‘‘enemy combatants;’’ tional Guard in New Mexico from 1994 to one set for Guantanamo, and another for 1999. He served in Vietnam and was the first We strongly support your proposed amend- Iraq; one set for our military, and another Hispanic Air National Guard officer ap- ments to the Defense Department Authoriza- for the CIA. Our service members were de- pointed as an adjutant general in the coun- tion bill concerning detainee policy, includ- nied clear guidance, and left to take the try. ing requiring all interrogations of detainees blame when things went wrong. They deserve Rear Admiral Don Guter (Ret. USN)—Ad- in DOD custody to conform to the U.S. better than that. miral Guter served as the Navy’s Judge Ad- Army’s Field Manual on Intelligence Inter- The United States should have one stand- vocate General from 2000 to 2002. Admiral rogation (FM 34–52), and prohibiting the use ard for interrogating enemy prisoners that is Guter is currently CEO of Vinson Hall Cor- of torture and cruel, inhuman and degrading effective, lawful, and humane. Fortunately, poration/Executive Director of the Navy Ma- treatment by any U.S. government agency. America already has the gold standard in the rine Coast Guard Residence Foundation in It is now apparent that the abuse of pris- Army Field Manual. Had the Manual been McLean, Virginia. oners in Abu Ghraib, Guantanamo and else- followed across the board, we would have Rear Admiral John D. Hutson (Ret. USN)— where took place in part because our men been spared the pain of the prisoner abuse Admiral John D. Hutson served as the Navy’s and women in uniform were given ambiguous scandal. It should be followed consistently Judge Advocate General from 1997 to 2000. instructions, which in some cases authorized from now on. And when agencies other than Admiral Hutson now serves as President and treatment that went beyond what was al- DOD detain and interrogate prisoners, there Dean of the Franklin Pierce Law Center in lowed by the Army Field Manual. Adminis- should be no legal loopholes permitting cruel Concord, New Hampshire. tration officials confused matters further by or degrading treatment. Brigadier General David M. Brahms (Ret. declaring that U.S. personnel are not bound The amendments proposed by Senator USMC)—General Brahms served in the Ma- by longstanding prohibitions of cruel treat- McCain would achieve these goals while pre- rine Corps from 1963–1988. He served as the ment when interrogating non-U.S. citizens serving our nation’s ability to fight the war Marine Corps’ senior legal adviser from 1983 on foreign soil. As a result, we suddenly had on terror. They reflect the experience and until his retirement in 1988. General Brahms one set of rules for interrogating prisoners of highest traditions of the United States mili- currently practices law in Carlsbad, Cali- war, and another for ‘‘enemy combatants;’’ tary. We urge the Congress to support this fornia and sits on the board of directors of one set for Guantanamo, and another for effort. the Judge Advocates Association. Iraq; one set for our military, and another General Joseph Hoar (Ret. USMC). Brigadier General James Cullen (Ret. for the CIA. Our service members were de- Lieutenant General Robert G. Gard, Jr. USA)—General Cullen is a retired Brigadier nied clear guidance, and left to take the (Ret. USA). General in the United States Army Reserve blame when things went wrong. They deserve Lieutenant General Claudia J. Kennedy Judge Advocate General’s Corps and last better than that. (Ret. USA). served as the Chief Judge (IMA) of the U.S. The United States should have one stand- Major General Melvyn Montano (Ret. Army Court of Criminal Appeals. He cur- ard for interrogating enemy prisoners that is USAF Nat. Guard). rently practices law in New York City. effective, lawful, and humane. Fortunately, Rear Admiral Don Guter (Ret. USN). Brigadier General Evelyn P. Foote (Ret. America already has the gold standard in the Rear Admiral John D. Hutson (Ret. USN). USA)—General Foote was Commanding Gen- Army Field Manual. Had the Manual been Brigadier General David M. Brahms (Ret. eral of Fort Belvoir in 1989. She was recalled followed across the board, we would have USMC). to active duty in 1996 to serve as Vice Chair been spared the pain of the prisoner abuse Brigadier General James Cullen (Ret. of the Secretary of the Army’s Senior Re- scandal. It should be followed consistently USA). view Panel on Sexual Harassment. She is from now on. And when agencies other than

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.046 S25JYPT1 S8792 CONGRESSIONAL RECORD — SENATE July 25, 2005 DOD detain and interrogate prisoners, there vised. The current Army Field Manual under the control of the Department of De- should be no legal loopholes permitting cruel basically dealt with State-sponsored fense, and to such activities conducted with- or degrading treatment. conflict. I have every reason to believe in facilities controlled by the Department of This is signed by GEN Joseph Hoar, that the follow-on manual, in due Defense, regardless of whether such activi- LTG Robert Gard, LTG Claudia Ken- ties are conducted by Department of Defense course, presumably in both classified personnel, Department of Defense contractor nedy, MG Melvyn Montano, RADM Don and unclassified form, will be com- personnel, or personnel or contractor per- Guter, RADM John Hutson, BG David pleted. sonnel of any other department, agency, or Brahms, BG James Cullen, BG Evelyn AMENDMENT NO. 1566 element of the United States Government. Foote, BG David Irvine, BG Richard There is another approach here. I ask (2) EXCEPTION.—The standards and proce- O’Meara, et cetera, and all of these unanimous consent, if it is agreeable, dures established under subsection (a) shall people, including General Hoar, served not apply with respect to any person in the to set the McCain amendment aside custody or under the control of the Depart- as Commander in Chief United States temporarily and ask amendment 1566 Central Command. These are very cred- ment of Defense pursuant to a criminal law be brought up. or immigration law of the United States. ible people. If we had chosen, we could The PRESIDING OFFICER. Without (d) CONSTRUCTION.—Nothing in this section have gotten many more signatories to objection, it is so ordered. shall affect such rights, if any, under the this amendment. Mr. WARNER. And in no way do I Constitution of the United States of any per- We are Americans. We hold ourselves wish it to substitute for Senator son in the custody or under the control of the Department of Defense. to humane standards of treatment no MCCAIN’s amendment. This is a com- matter how terribly evil or awful they (e) NOTICE TO CONGRESS OF REVISION.—Not plicated subject. later than 60 days before issuing any revision may be. To do otherwise undermines Essentially, my amendment simply to the standards and procedures established our security, and it also undermines says it will be the Secretary of Defense under subsection (a), the Secretary of De- our greatness as a nation. We are not that will establish uniform standards fense shall notify, in writing, the congres- simply any other country. We stand for and procedures for two separable sub- sional defense committees of such revision. a lot more than that in the world: a (f) DEADLINE.—The standards and proce- jects, detention and interrogation. dures required by subsection (a) shall be es- moral mission, one of freedom and de- While I have not had a chance to go mocracy and human rights at home tablished not later than 60 days after the through in detail the Army’s Field date of the enactment of this Act. and abroad. Manual, I am not sure there is the em- Mr. WARNER. There are considerable We are better than the terrorists, and phasis placed on the detention rule in we will win because we are better than parallels between the two amendments, such a manner as equivalent to the de- with the exception that the subject they are. The enemy we fight has no tention and regulation that will be and respect for human life or human rights. should be adjusted to the Secretary of is on the interrogation. Those respon- Defense. He may well designate the They don’t deserve our sympathy. But sible for detention are often quite dif- this is not about who they are—it is Army Field Manual as his work prod- ferent than those responsible for inter- uct, but then I would need, under the not about who they are. It is about who rogation. If there is any mistreatment we are. These are values that distin- amendment, the assurance that equal in the course of the detention, depend- emphasis is put on the detention phase guish us from our enemies. ing on the timing between such treat- President Bush understands that the as well as the interrogation phase. ment and the follow-on interrogation, Recent history has shown we must war on terror is ultimately a battle of it seems to me we have a problem. have uniform standards for detention ideas, a battle we will win by spreading Therefore, my amendment entrusts and interrogation across the Depart- and standing firmly for the values of to the Secretary of Defense the task to ment of Defense. We cannot have dif- decency, democracy, and the rule of put together basically all of the objec- ferent standards for different theaters. law. I stand with him in this commit- tives as enunciated by my distin- Soldiers, as Senator MCCAIN pointed ment. By applying to ourselves the guished friend from Arizona. out, have to be trained and well under- basic standards we rightly preach to The PRESIDING OFFICER. The stand the rules and regulations as they others, I believe we will only increase clerk will report. relate to both detention and interroga- our effectiveness as the world’s ulti- The legislative clerk read as follows: tion. That is the goal of the McCain mate champion of liberty. The Senator from Virginia, [Mr. WARNER], amendment. I wholeheartedly support I thank Senator WARNER and Senator proposes an amendment numbered 1566. it. It is best to entrust the entire sub- GRAHAM and others who have shown an Mr. WARNER. I ask unanimous con- ject to the Secretary of Defense and interest. Senator WARNER has had a se- sent the reading of the amendment be hold him accountable, as opposed to ries of hearings for a long period of dispensed with. the designation of the specific docu- time. I believe we can do a great serv- The PRESIDING OFFICER. Without ment which is in the process of being ice for the military and for the country objection, it is so ordered. changed. if we adopt this simple two-paragraph The amendment is as follows: AMENDMENT NO. 1557, AS MODIFIED amendment that basically says that Mr. President, I ask unanimous con- prisoners will be treated according to (Purpose: To provide for uniform standards and procedures for the interrogation of sent that the Senate return to consid- the Army Field Manual, which, by the persons under the detention of the Depart- eration of the McCain amendment. way, is the tradition of treatment of ment of Defense) The PRESIDING OFFICER (Mr. prisoners for many wars. At the end of subtitle G of title X, add the BURR). Without objection, it is so or- I yield the floor. following: dered. The PRESIDING OFFICER. The Sen- SEC. 1073. UNIFORM STANDARDS AND PROCE- Mr. WARNER. Mr. President, seeing ator from Virginia. DURES FOR TREATMENT OF PER- our other colleague, Senator GRAHAM, I Mr. WARNER. Mr. President, I com- SONS UNDER DETENTION BY THE yield the floor. But I also see Senator DEPARTMENT OF DEFENSE. mend Senator MCCAIN. I have been MCCAIN. privileged to know him ever since I was (a) UNIFORM STANDARDS AND PROCEDURES The PRESIDING OFFICER. The Sen- Secretary of Navy in the closing years REQUIRED.—The Secretary of Defense shall establish uniform standards and procedures ator from Arizona. of the war in Vietnam. I know no mili- for the detention and interrogation of per- AMENDMENT NO. 1566 tary family that has served our Nation sons in the custody or under the control of Mr. MCCAIN. Mr. President, I have a with greater distinction than the the Department of Defense. brief comment on the chairman’s McCain family. This is a subject about (b) CONSISTENCY WITH LAW AND TREATY OB- amendment. Leaving it in the hands of which my dear friend has knowledge LIGATIONS.—The standards and procedures the Secretary of Defense is what that none of us possess. I have absolute established under subsection (a) shall be con- caused the huge amount of problems confidence they are doing the right sistent with United States law and inter- we have today. thing. national treaty obligations. I have here—in fact, thanks to the te- (c) APPLICABILITY.— The two of us do have some technical (1) IN GENERAL.—The standards and proce- nacity of the Senator from South Caro- differences of opinion. His amendment dures established under subsection (a) shall lina—finally, after a year and a half, 2 is predicated on the Army Field Man- apply to all detention and interrogation ac- years, the memoranda that were sub- ual which he mentioned is being re- tivities involving persons in the custody or mitted by the uniformed JAGS when

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.016 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8793 the rules for the treatment of prisoners Mr. MCCAIN. But I will be glad to access to it, unlike the documents that were set up the first time, I say to my proceed. Why don’t we let the Senator are issued by the Secretary of Defense friend from Virginia. They all objected from South Carolina talk, and then memoranda. They are classified, but to it. They were overruled by the Sec- maybe, if it is all right, I will offer the they are also, too often, unavailable to retary of Defense and the general coun- other amendment. Congress. They just use one excuse sel. Mr. WARNER. Fine. after another not to make those memo- So now, if I understand it, the Mr. LEVIN. Mr. President, will the randa available to Congress. So there amendment of my dear friend from Vir- Senator yield for a question? may be a classified version of the field ginia is going to return that to the Mr. MCCAIN. I am glad to yield. manual, but at least Congress has ac- Secretary of Defense. I urge him to Mr. LEVIN. Mr. President, I have a cess to that unclassified version. read these memoranda which we finally unanimous consent request. I ask The PRESIDING OFFICER. The Sen- got thanks to, again, the Senator from unanimous consent that I be added as a ator from Virginia. South Carolina: treating OEF detain- cosponsor to amendment No. 1557, Mr. WARNER. Mr. President, I am ees inconsistently with the Conven- which is the field manual amendment well aware of the efforts of my good tions; arguably lowers the bar for the to which they have been referring. friend from Michigan to get documents treatment of U.S. POWs in future con- The PRESIDING OFFICER. Without from the Department of Defense and flicts, even when nations agree with objection, it is so ordered. his modest success and some lack of the President’s status determination. Mr. LEVIN. Mr. President, if I could success. Many would view the more extreme in- be recognized just for 1 minute to com- I yield the floor. The PRESIDING OFFICER. Who terrogation techniques as violative of ment on this amendment, and then I yields time? international law, other treaties, or will yield the floor. The PRESIDING OFFICER. Is there Mr. WARNER. Mr. President, I yield customary international law; perhaps to the distinguished Senator from violative of their own domestic law. objection? Without objection, it is so ordered. South Carolina such time as he deems This puts the interrogators and the necessary. chain of command at risk of criminal The Senator from Michigan. Mr. LEVIN. Mr. President, first of Could the Chair advise us as to the accusations abroad, either in foreign amount of time remaining under the domestic courts or international fora, all, I congratulate Senator MCCAIN. I do not think there is anybody in this hour that I requested? to include the ICC. The PRESIDING OFFICER. The Sen- body who speaks with greater author- I remind my colleagues, these are the ator from South Carolina has 20 min- ity on the subject matter he has spo- memoranda that were sent to comment utes. on the Secretary of Defense guidelines ken to in this amendment. I commend Mr. WARNER. That is the full time? for interrogations of prisoners, which him for the distinction he is making. It The PRESIDING OFFICER. The Sen- were overruled. And then, a couple is a critical distinction. In addition to ator from Virginia has 13 minutes. The months later, they were rescinded. the fact that the field manual is there Senator from Arizona has 3 minutes re- So in all due respect, my friend from for everybody to see and has historic maining. Virginia has a degree of confidence in meaning, the difference between the Mr. WARNER. Well, we will allocate the Secretary of Defense which, frank- McCain amendment and the one which the time among the three of us in an ly, is not validated by what took place was offered by the Senator from Vir- equitable way. and many argue is one of the reasons ginia—another difference—is that the I yield the floor. why we had Abu Ghraib. field manual is a public document. You The PRESIDING OFFICER. The Sen- So I thank my colleague and yield can read what is in the field manual. ator from South Carolina. the floor. The Secretary of Defense memoranda AMENDMENT NO. 1557, AS MODIFIED The PRESIDING OFFICER. The Sen- too often have been classified ‘‘unavail- Mr. GRAHAM. Mr. President, I rise ator from Virginia. able.’’ We have been spending some- in support of Senator MCCAIN’s amend- Mr. WARNER. Mr. President, if I times months and years trying to just ment. The point that Senator WARNER could reply to my good friend, you are find out what is in those memoranda. is making, I fully understand. But I absolutely right. And I know that So there is a very important dif- think we are at a crossroads in the war chapter as you do and have studied it. ference between these two amendments on terror. Guantanamo Bay has great But under the law, the Secretary of De- in a number of regards. I very much be- potential to make us safer as a nation. fense is still the head of the Depart- lieve that the first amendment, amend- But one of the problems we have expe- ment, and as such I suppose he can ment No. 1557, is the way which is most rienced in this war is a problem of alter the field manual of the Army and consistent with our values. It makes it image. It is a new kind of enemy with make it less in the present form and in very clear, in public, what the authori- a lot of nuances. But one thing we can- the revised form in due course. But I ties are and what the standards and not do as a nation is forget who we are, think it is important we have a clear criteria are. The contrast between that what got us here for 200-something chain of authority and accountability. and something amorphous, which gives years. We can fight this enemy aggres- I look up the chain, and there are the the Secretary of Defense a power he al- sively, no-holds-barred, go after them, laws established by the Secretary of ready has anyway, which is to issue and not lose who we are. Defense as opposed to those who might regulations but to do so in secret and Senator MCCAIN is addressing one of be involved in drawing up the Army in a classified way, leads to more the problems we have found crop up in Field Manual. I presume the Secretary vagueness, more uncertainty, more different areas of the world when it of the Army is at the top of that pyr- conflict, more inability of Congress to comes to noncitizen foreign terrorists, amid. perform oversight. and that is how you interrogate and But that is the reason I put in this So I commend the Senator from Ari- stay within the boundaries of who you amendment. I say to my good friend zona for this amendment. I believe the are as a people and not getting your from Arizona, I hope we can sort this differences between these two amend- own people in trouble by cutting cor- out before final passage and possibly ments are significant. ners. amend it. I will withdraw mine because The PRESIDING OFFICER. The Sen- So the reason I am supporting his I want you to take the lead in every re- ator from Virginia. amendment—and we are not just say- spect on this important amendment. Mr. WARNER. Mr. President, I ac- ing: Secretary of Defense, come up If I might add, I say to my friend cept my good friend’s critique, but I do with a solution here—is because, after from Arizona, there is another impor- point out, as the Army Field Manual is a lot of thought and study, it is clear tant amendment you needed to get under revision, there will be both a to me that the Army Field Manual completed. classified and unclassified portion of gives you everything you need to ag- Mr. MCCAIN. Mr. President, I that manual. gressively interrogate and seek good thought my colleague wanted me to Mr. LEVIN. Mr. President, if I could intelligence from foreign noncitizen wait on the additional amendment. just comment briefly on that, at least terrorists held at GTMO and any other Mr. WARNER. Well, whatever. with the unclassified portion, we have place under DOD control.

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.053 S25JYPT1 S8794 CONGRESSIONAL RECORD — SENATE July 25, 2005 Mr. President, I would like to submit sideration should be given to the possible ad- forum. If such a defense is not available, sol- for the Record several memos that verse effects on U.S. Armed Forces culture diers ordered to use otherwise illegal tech- have just been recently declassified. and self-image which suffered during the Viet- niques run a substantial risk of criminal They were requested on October 7 of nam conflict and at other times due to perceived prosecution or personal liability arising law of war violations. DOD policy indoctrinated from a civil lawsuit. last year by myself, Senator LEVIN, and in the DOD Law of War Program in 1979 and 4. (U) The OLC opinion states further that Senator MCCAIN. The first one is a 27 subsequent service regulations, greatly restored customary international law cannot bind the February 2003 memo from BG Kevin M. the culture and self-image of U.S. Armed Forces U.S. Executive Branch as it is not part of the Sandkuhler, U.S. Marine Corps, Staff by establishing high benchmarks of compliance federal law. As such, any presidential deci- Judge Advocate to CMC. The next one with the principles and spirit of the law of war sion made in the context of the ongoing war is from MG Thomas J. Romig, U.S. and humane treatment of all persons in U.S. on terrorism constitutes a ‘‘controlling’’ Ex- Army, the Judge Advocate General, Armed Forces custody. In addition, consider- ecutive act; one that immediately and automatically displaces any contrary provision dated 3 March 2003. The next is from ation should be given to whether implementation of such techniques is likely to result of customary international law. This view MG Jack L. Rives, Deputy Judge Advo- in adverse impacts for DOD personnel who runs contrary to the historic position taken cate General of the U.S. Air Force, are captured or detained øbecome POWs,¿ in- by the United States Government concerning dated 6 February 2003. The next is from cluding possible perceptions by other nations such laws and, in our opinion, could ad- RADM Michael F. Lohr, Judge Advo- that the United States is lowering standards versely impact DOD interests worldwide. On cate General, U.S. Navy, dated 6 Feb- related to the treatment of prisoners and the one hand, such a policy will open us to ruary 2003. The next is Rear Admiral other detainees, generally. international criticism that the ‘‘U.S. is a Lohr, dated 13 March 2002. And the 2. Add to p. 68, a paragraph after the sev- law unto itself.’’ On the other, implementa- enth paragraph that reads: tion of questionable techniques will very final memo is from Major General (U) Comprehensive protection is lacking for likely establish a new baseline for acceptable Rives, Deputy Judge Advocate General, DOD personnel who may be tried by other na- practice in this area, putting our service per- U.S. Air Force, dated 5 February 2003. I tions and/or international bodies for violations sonnel at far greater risk and vitiating many ask unanimous consent those memo- of international law, such as violations of the of the POW/detainee safeguards the U.S. has randums be printed in the RECORD. Geneva or Hague Conventions, the Additional worked hard to establish over the past five There being no objection, the mate- Protocols, the Torture Convention, the Rome decades. rial was ordered to be printed in the Statute of the ICC, or the Customary Inter- 5. (U) I recommend that the aggressive national Law of Human Rights. This risk has counter-resistance interrogation techniques RECORD, as follows: the potential to impact future operations and under consideration be vetted with the Army DEPARTMENT OF THE NAVY, overseas travel of such personnel, both on and intelligence community before a final deci- HEADQUARTERS U.S. MARINE CORPS, off duty. sion on their use is made. Some of these Washington, DC, February 27, 2003. techniques do not comport with Army doc- Memorandum for General Counsel of the Air DEPARTMENT OF THE ARMY, OFFICE trine as set forth in Field Manual (FM) 34–52 Force OF THE JUDGE ADVOCATE GEN- Intelligence Interrogation, and may be of Subject: Working Group Recommendations ERAL, questionable practical value in obtaining re- on Detainee Interrogations Washington, DC, March 3, 2003. liable information from those being interro- 1. In addition to comments we submitted 5 MEMORANDUM FOR GENERAL COUNSEL OF THE gated. February, we concur with the recommenda- DEPARTMENT OF THE AIR FORCE THOMAS J. ROMIG, tions submitted by the Navy (TJAG RADM Subject: Draft Report and Recommendations Major General, U.S. Army, Lohr), the Air Force (TJAG MGen Rives), of the Working Group to Access the The Judge Advocate General. and the Joint Staff Legal Counsel’s Office. Legal, Policy and Operational Issues Re- Their recommendations dealt with policy lated to Interrogation of Detainees Held DEPARTMENT OF THE AIR FORCE, OF- considerations, contention with the OLC by the U.S. Armed Forces in the War on FICE OF THE JUDGE ADVOCATE opinion, and foreign interpretations of GC IV Terrorism (U) GENERAL, (Civilians) and customary international law, Washington, DC, February 6, 2003. 1. (U) The purpose of this memorandum is respectively. MEMORANDUM FOR SAF/GC 2. The common thread among our rec- to advise the Department of Defense (DOD) From: AF/JA ommendations is concern for servicemem- General Counsel of a number of serious con- Subject: Comments on Draft Report and Rec- bers. OLC does not represent the services; cerns regarding the draft Report and Rec- ommendations of the Working Group to thus, understandably, concern for service- ommendations of the Working Group to Ac- Assess the Legal, Policy and Operational members is not reflected in their opinion. cess the Legal, Policy and Operational Issues Issues Relating to Interrogation of De- Notably, their opinion is silent on the UCMJ Related to Interrogation of Detainees Held tainees Held by the U.S. Armed Forces in and foreign views of international law. by the U.S. Armed Forces in the War on Ter- 3. We nonetheless recommend that the rorism (Final Report). These concerns center the War on Terrorism (U) Working Group product accurately portray around the potential Department of Defense 1. (U) Please note that while I accept that the services’ concerns that the authorization (DOD) sanctioning of detainee interrogation the Department of Justice, Office of Legal of aggressive counter-resistance techniques techniques that may appear to violate inter- Counsel (DoJ/OLC), speaks for the Executive by servicemembers will adversely impact the national law, domestic law, or both. Branch and that its legal opinions in this following: 2. (U) The Office of Legal Counsel (OLC), matter are to be followed, I continue to a. Treatment of U.S. Servicemembers by Department of Justice (DOJ), provided DOD maintain that DoJ/OLC’s opinions on several Captors and compliance with International with its analysis of international and domes- of the Working Group’s issues are conten- Law. tic law as it relates to the interrogation of tious. Others may disagree with various por- b. Criminal and Civil Liability of DOD detainees held by the United States Govern- tions of the DoJ/OLC analysis. I believe we Military and Civilian Personnel in Domestic, ment. This analysis was incorporated into should recognize this fact and therefore urge Foreign, and International Forums. the subject draft Report and forms, almost that certain factors should be prominently c. U.S. and International Public Support exclusively, the legal framework for the Re- provided to the DoD/GC before he makes a and Respect of U.S. Armed Forces. port’s Conclusions, Recommendations, and final recommendation to the Secretary of d. Pride, Discipline, and Self-Respect with- PowerPoint spreadsheet analysis of the in- Defense. I recommend the following specific in the U.S. Armed Forces. terrogation techniques in issue. I am con- modifications to the draft report dated 4 e. Human Intelligence Exploitation and cerned with several pivotal aspects of the February 2003: Surrender of Foreign Enemy Forces, and Co- OLC opinion. a. Page 2, add the following sentence to the operation and Support of Friendly Nations. 3. (U) While the OLC analysis speaks to a end of paragraph 2: KEVIN M. SANDKUHLER, number of defenses that could be raised on It should be noted that several of the legal Brigadier General, USMC, Staff Judge behalf of those who engage in interrogation opinions expressed herein are likely to be Advocate to CMC. techniques later perceived to be illegal, the viewed as contentious outside the Executive ‘‘bottom line’’ defense proffered by OLC is an Branch, both domestically and internation- øSECRET/NOFORN¿ DECLASSIFIED exceptionally broad concept of ‘‘necessity.’’ ally. Comments on Draft Working Group Report This defense is based upon the premise that b. Page 54, change fourth full paragraph to on Detainee Interrogations any existing federal statutory provision or read as follows: 1. Change p. 54, fifth paragraph, to read as international obligation is unconstitutional (U) Choice of interrogation techniques in- follows (new language italic): per se, where it otherwise prohibits conduct volves a risk benefit analysis in each case, (øS/NF¿U) Choice of interrogation tech- viewed by the President, acting in his capac- bounded by the limits of DOD policy and law. niques involves a risk benefit analysis in ity as Commander-in-Chief, as essential to When assessing whether to use exceptional each case, bounded by the limits of DOD pol- his capacity to wage war. I question whether interrogation techniques, consideration icy and law. When assessing whether to use this theory would ultimately prevail in ei- should be given to the possible adverse ef- exceptional interrogation techniques, con- ther the U.S. courts or in any international fects on U.S. Armed Forces culture and self-

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image, which suffered during the Vietnam con- tions may disagree with the President’s sta- DEPARTMENT OF THE NAVY, OFFICE flict and at other times due to perceived law of tus determination regarding Operation EN- OF THE JUDGE ADVOCATE GEN- armed conflict violations. DoD policy, DURING FREEDOM (OEF) detainees, con- ERAL, indoctrined in the DoD Law of War Program in cluding that the detainees are POWs entitled Washington, DC, March 13, 2002. 1979 and subsequent service regulations, greatly to all of the protections of the Geneva Con- MEMORANDUM FOR THE AIR FORCE GENERAL restored the culture and self-image of U.S. ventions. Treating OEF detainees inconsist- COUNSEL Armed Forces by establishing high benchmarks ently with the Conventions arguably ‘‘lowers Subject: Comments on the 6 March 2003 De- of compliance with the principles and spirit of the bar’’ for the treatment of U.S. POWs in tainee Interrogation Working Group Re- the law of war, and humane treatment of all future conflicts. Even where nations agree port persons in U.S. Armed Forces custody. U.S. with the President’s status determination, Armed Forces are continuously trained to take 1. My comments on subject report are pro- many may view the exceptional techniques vided below. These comments incorporate the legal and moral ‘‘high-road’’ in the conduct as violative of other law. of our military operations regardless of how oth- and augment those submitted by my action ers may operate. While the detainees’ status as 2. (U) Should any information concerning officer earlier this week. New comments are unlawful belligerents may not entitle them to the exceptional techniques become public, it highlighted within the previously submitted protections of the Geneva Conventions, that is a is likely to be exaggerated/distorted in both text. legal distinction that may be lost on the mem- the U.S. and international media. This could 1. (U) Page 2, second paragraph: Add new bers of the armed forces. Approving exceptional have a negative impact on international, and penultimate sentence to read, ‘‘In addition interrogation techniques may be seen as giving perhaps even domestic, support for the war this paper incorporates significant portions official approval and legal sanction to the appli- on terrorism. It could likewise have a nega- of work product provided by the Office of cation of interrogation techniques that U.S. tive impact on public perception of the U.S. Legal Counsel, United States Department of Armed Forces have heretofore been trained are military in general. Justice.’’ In the last sentence change ‘‘by a Department . . .’’ to ‘‘by the Department unlawful. In addition, consideration should JACK L. RIVES, be given to whether implementation of such Major General, USAF, . . .’’ Finally, add new footnote to reference techniques is likely to result in adverse im- Deputy Judge Advocate General. the OLC opinion to read ‘‘Memorandum pacts for DoD personnel who become POWs, dated March xx, 2003., Re: xxxxxxxxxx. Rationale: this WG paper contains large including possible perceptions by other na- DEPARTMENT OF THE NAVY, OFFICE segments of DOJ work product, rather than tions that the United States is lowering OF THE JUDGE ADVOCATE GEN- being ‘‘informed’’ by DOJ. We believe the standards related to the treatment of pris- ERAL, OLC opinion should be incorporated by ref- oners, generally. Washington, DC, February 6, 2003. Alternatively, change the last paragraph erence into the WG report. Subj: Working Group recommendations re- 2. (U) Page 24, second paragraph, last sen- on page 68, to read as follows: (U) The cultural and self-image of the U.S. lating to interrogation of detainees. tence: delete. Rationale: this sentence is not true. There Armed Forces suffered during the Vietnam con- 1. Earlier today I provided to you a number are domestic limits on the President’s power flict and at other times due to perceived law of of suggested changes, additions, and dele- to interrogate prisoners. One of them is armed conflict violations. DoD policy, indoctri- tions to the subject document. Congress’s advice and consent to the US rati- nated in the DoD Law of War Program in 1979 fication to the Geneva Conventions that and subsequent service regulations, greatly re- 2. I would like to further recommend that limit the interrogation of POWs. The will- stored the culture and self-image of U.S. Armed the document make very clear to decision- ingness of the Executive, and of the Legisla- Forces. U.S. Armed Forces are continuously makers that its legal conclusions are limited tive Branch, to enforce those restrictions is trained to take the legal and moral ‘‘high-road’’ to arguably unique circumstances of this a different matter. in the conduct of our military operations re- group of detainees, i.e., unlawful combatants 3. (U) Page 24, footnote 20: delete or rewrite gardless of how others may operate. While the held ‘‘outside’’ the United States. Because of to read, ‘‘This is the stated view of the De- detainees’ status as unlawful belligerents may these unique circumstances, the U.S. Tor- ture Statute, the Constitution, the Geneva partment of Justice.’’ not entitle them to protections of the Geneva Rationale: Mr. Yoo clearly stated that he Conventions and customary international Conventions, that is a legal distinction that may believes the viability of these defenses is law do not apply, thereby affording policy be lost on the members of the armed forces. Ap- greatly enhanced by advance Presidential di- latitude that likely does not exist in almost proving exceptional interrogation techniques rection in the matter. He specifically rec- any other circumstance. (The UCMJ, how- may be seen as giving official approval and ommended obtaining such direction in writ- legal sanction to the application of interroga- ever, does apply to U.S. personnel con- ing. tion techniques that U.S. Armed Forces have ducting the interrogations.) 4. (U) Page 26, first full paragraph, first heretofore been trained are unlawful. General 3. Given this unique set of circumstances, sentence: delete. use of exceptional techniques (generally, I believe policy considerations continue to Rationale: this statement is too broad. The having substantially greater risk than those loom very large. Should service personnel be similar language used at the end of the fol- currently, routinely used by U.S. Armed conducting the interrogations? How will this lowing paragraph is more accurate. Forces interrogators), even though lawful, affect their treatment when incarcerated 5. (U) Page 29, second paragraph, fifth sen- may create uncertainty among interrogators abroad and our ability to call others to ac- tence: Rewrite sentence to read, ‘‘A leading regarding the appropriate limits of interro- count for their treatment? More broadly, scholarly commentator . . .’’ and later in the gations, and may adversely affect the cul- sentence change ‘‘. . . section 2340 would be tural self-image of the U.S. armed forces. while we may have found a unique situation in GTMO where the protections of the Gene- justified under . . .’’ to ‘‘. . . section 2340 c. Page 68, add the following new para- should be justified under . . .’’ va Conventions, U.S. statutes, and even the graphs after the sixth full paragraph: Rationale: There is only one article writ- Constitution do not apply, will the American (U) Several of the exceptional techniques, ten by one person cited. Also the quoted lan- on their face, amount to violations of domes- people find we have missed the forest for the guage from the commentator indicates his tic criminal law and the UCMJ (e.g., as- trees by condoning practices that, while view that torture should be permissible, not sault). Applying exceptional techniques technically legal, are inconsistent with our a statement that international law allows places interrogators and the chain of com- most fundamental values? How would such such. mand at risk of criminal accusations domes- perceptions affect our ability to prosecute 6. (U) Page 29, second paragraph, last sen- tically. Although one or more of the afore- the Global War on Terrorism? tence: delete. mentioned defenses to these accusations may 4. I accept the premise that this group of Rationale: this conclusion is far too broad apply, it is impossible to be certain that any detainees is different, and that lawyers but the general principle can be inferred of these defenses will be successful as the ju- should identify legal distinctions where they from the discussion. diciary may interpret the applicable law dif- exist. It must be conceded, however, that we 7. (U) Page 31, para d, third sentence and ferently from the interpretation provided are preparing to treat these detainees very penultimate sentences: delete. herein. Rationale: This analogy is inapt. There is differently than we treat any other group, (U) Other nations are likely to view the ex- nothing in law enforcement that would au- and differently than we permit our own peo- ceptional interrogation techniques as viola- thorize the use of torture or excessive force tive of international law and perhaps viola- ple to be treated either at home or abroad. against persons for intelligence gathering. tive of their own domestic law. This places At a minimum, I recommend that decision- 8. (U) Page 41, second paragraph, penul- interrogators and the chain of command at makers be made fully aware of the very nar- timate sentence: delete. risk of criminal accusations abroad, either row set of circumstances—factually and le- Rationale: it is not clear what the meaning in foreign domestic courts or in inter- gally—upon which the policy rests. More- of the sentence is. national fora, to include the ICC. over, I recommend that we consider asking 9. (U) Page 59, second paragraph: it is un- d. Page 68, add the following new para- decision-makers directly: is this the ‘‘right clear if SECDEF must approve exceptional graphs after the eighth full paragraph: thing’’ for U.S. military personnel? techniques on a case-by-case basis, or just (U) Employment of exceptional interroga- MICHAEL F. LOHR, approve their use generally. tion techniques may have a negative effect Rear Admiral, JAGC, U.S. Navy, 10. (U) Page 63, footnote 86. The text of this on the treatment of U.S. POWs. Other na- Judge Advocaate General. footnote does not correspond to its citation

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in the paper. It appears that the current text DEPARTMENT OF THE AIR FORCE, OF- legal and moral mindset beginning the day of footnote 86 belongs as part of the discus- FICE OF THE JUDGE ADVOCATE they enter active duty. It should be noted sion of API in the paragraph above, or as GENERAL, that law of armed conflict and code of con- part of the text of footnotes 83 or 84. Foot- Washington, DC, February 5, 2003. duct training have been mandated by Con- gress and emphasized since the Viet Nam note 86 should detail the rationale for the MEMORANDUM FOR SAF/GC conflict when our POWs were subjected to From: AF/JA Justice Department determination that torture by their captors. We need to consider Subject: Final Report and Recommendations GCIV does not apply. the overall impact of approving extreme in- of the Working Group to Assess the terrogation techniques as giving official ap- 11. (U) Page 67, technique 26: Add last sen- Legal, Policy and Operational Issues Re- proval and legal sanction to the application tence to read, ‘‘Members of the armed forces lating to Interrogation of Detainees Held of interrogation techniques that U.S. forces will not threaten the detainee with the pos- by the U.S. Armed Forces in the War on have consistently been trained are unlawful. sible results of the transfer, but will instead Terrorism (U) JACK L. RIVES, limit the threat to the fact of transfer to 1. (U) In drafting the subject report and Major General, USAF, allow the detainee to form their own conclu- recommendations, the legal opinions of the Deputy Judge Advocate General. Department of Justice, Office of Legal Coun- sions about such a move.’’ Mr. GRAHAM. Now, over time, we Rationale: threatening the detainee with sel (DoJ/OLC), were relied on almost exclusively. Although the opinions of DoJ/OLC are are going to learn more about what death or injury (by the transfer) may be con- to be given a great deal of weight within the these memos tell us, but basically sidered torture under international law. Executive Branch, their positions on several these memos are telling us that the 12. (U) Page 72, second paragraph: in the of the Working Group’s issues are conten- proposed interrogation techniques last sentence replace ‘‘protections of the Ge- tious. As our discussion demonstrate, others dealing with the war on terror, sug- neva Conventions’’ with ‘‘protections of the within and outside the Executive Branch are gested by the Department of Justice, third Geneva Convention.’’ likely to disagree. The report and rec- sent over to Department of Defense, ommendations caveat that it only applies to were such a deviation from the normal Rationale: clarity ‘‘strategic interrogations’’ of ‘‘unlawful com- way of doing business that it would get 13. (U) Page 72, second paragraph: add new batants’’ at locations outside the United our own people in trouble. It was such last sentence to read: ‘‘Under international States. Although worded to permit max- a deviation from the normal way of law, the protections of the fourth Geneva imum flexibility and legal interpretation, I doing business that we would lose the Convention may apply to the detainees.’’ believe other factors need to be provided to the DoD/GC before he makes a final rec- moral high ground in fighting the war Rationale: this view is shared by Chair- ommendation to the Secretary of Defense. on terror. man’s Legal and all the services. 2. (U) Several of the more extreme interro- General Rives sums up: 14. (U) Page 72, third paragraph: at the be- gation techniques, on their face, amount to Finally, the use of the more extreme inter- violations of domestic criminal law and the ginning add, ‘‘In those cases where the Presi- rogation techniques simply is not how the UCMJ (e.g., assault). Applying the more ex- U.S. armed forces have operated in recent dent has made a controlling executive deci- treme techniques during the interrogation of sion or action . . .’’ history. We have taken the legal and moral detainees places the interrogators and the ‘‘high-road’’ in the conduct of our military Rationale: this is the standard by which chain of command at risk of criminal accu- operations regardless of how others may op- the President may ‘‘override’’ CIL. sations domestically. Although a wide range erate. Our forces are trained in this legal and of defenses to these accusations theoreti- moral mindset beginning the day they enter 15. (U) Page 73, sixth paragraph: Add new cally apply, it is impossible to be certain last sentence to read, ‘‘Presidential written active duty. It should be noted that [the] law that any defense will be successful at trial; of armed conflict and code of conduct train- directive to engage in these techniques will our domestic courts may well disagree with ing have been mandated by Congress and em- enhance the successful assertion of the po- DoJ/OLC’s interpretation of the law. Fur- phasized since the Viet Nam conflict when tential defenses discussed in this paper.’’ ther, while the current administration is not our POWs were subjected to torture by their Rationaie: much of the analysis in this likely to pursue prosecution, it is impossible captors. We need to consider the overall im- to predict how future administrations will paper is premised on the authority of the pact of approving extreme interrogation view the use of such techniques. President as delegated/directed, in writing, techniques as giving official approval and 3. (U) Additionally, other nations are un- legal sanction to the application of interro- to SECDEF and beyond. This point needs to likely to agree with DoJ/OLC’s interpreta- gation techniques that U.S. forces have con- be made prominently. tion of the law in some instances. Other na- sistently been trained are unlawful. 16. (U) Matrix Annex, Technique 33: delete. tions may disagree with the President’s sta- He talks about a slippery slope that tus determination regarding the Operation Rationale: It is not clear what the intent ENDURING FREEDOM (OEF) detainees; we are about to embark on that will re- of this technique is. If it loses its effective- they may conclude that the detainees are sult in some of our own people being ness after the first or second use, it appears POWs entitled to all of the protections of the subject to being court-martialed be- to be little more than a gratuitous assault. Geneva Conventions. Treating OEF detainees cause the Uniform Code of Military Other methods are equally useful in getting/ inconsistently with the Conventions argu- Justice has many provisions dictating maintaining the attention of the detainee. It ably ‘‘lowers the bar’’ for the treatment of how you will treat someone who is in also has the potential to be applied dif- U.S. POWs in future conflicts. Even where your custody as a detainee. And they ferently by different individuals. nations agree with the President’s status de- were trying to tell the Department of termination, many would view the more ex- 17. (U) Page 75, first paragraph, in the dis- treme interrogation techniques as violative Justice and the Department of Defense cussion re technique 36: Rewrite 3rd to last of other international law (other treaties or civilian lawyers: Do not go down this and penultimate sentences to read, ‘‘The customary international law) and perhaps road. You are going to bite off more working group believes use of technique 36 violative of their own domestic law. This problems than it is worth. would constitute torture under international puts the interrogators and the chain of com- Admiral Lohr says that some of the and U.S. law and, accordingly, should not be mand at risk of criminal accusations abroad, techniques would violate the torture utilized. In the event SECDEF decides to au- either in foreign domestic courts or in inter- statute. I will read in more detail later national fora, to include the ICC. thorize this technique, the working group be- what these memos are telling us the 4. (U) Should any information regarding rules of the road are. But these are not lieves armed forces personnel should not par- the use of the more extreme interrogation ticipate as interrogators as they are subject techniques become public, it is likely to be from the ACLU. These are not from to UCMJ jurisdiction at all times.’’ exaggerated/distorted in both the U.S. and people who are soft on terrorism, who want to coddle foreign terrorists. These This is a correct statement of the positions international media. This could have a nega- are all professional military lawyers of the services party to the working group, tive impact on international, and perhaps even domestic, support for the war on ter- who have dedicated their lives, with 20- who all believe this technique constitutes rorism. Moreover, it could have a negative plus year careers, to serving the men torture under both domestic and inter- impact on public perception of the U.S. mili- national law. and women in uniform and protecting tary in general. their Nation. They were giving a warn- 18. Thank you for the opportunity to com- 5. (U) Finally, the use of the more extreme ing shot across the bow of the policy- interrogation techniques simply is not how ment. My action officer in this matter is makers that there are certain corners CDR Steve Gallotta. the U.S. armed forces have operated in recent history. We have taken the legal and you cannot afford to cut because you MICHAEL F. LOHR, will wind up meeting yourself. Rear Admiral, JAGC, U.S. Navy, moral ‘‘high-road’’ in the conduct of our What Senator MCCAIN is trying to do Judge Advocate General. military operations regardless of how others may operate. Our forces are trained in this is build upon their advice by putting in

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.038 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8797 place an interrogation technique that and we can interrogate aggressively, Mr. WARNER. That is correct. this country can be proud of, that we but we have to have rules that our peo- The PRESIDING OFFICER. And the all will understand, and that can be imple can understand and don’t deviate Chair asked if there was objection. Did plemented to make us safer without from who we are as a Nation. That is the Senator from Alabama object? having a black eye throughout the why I am supporting this amendment. Mr. SESSIONS. I object at this point world. Everyone who works at GTMO deal- because I don’t understand what we are I asked the question—when I went to ing with the 500 foreign noncitizen ter- doing. I want to be able to speak on the GTMO with the chairman about a week rorists suspects, enemy combatants, amendment dealing with the field man- or 2 ago—to all the interrogators there: has told me, because I asked the ques- ual. Is there anything lacking in the Army tion, if you use the Army Field Man- Mr. WARNER. I believe the Senator Field Manual that would inhibit your ual, we have everything within that has just come on the floor. We have ability to get good intelligence? And manual we need to do the job right. If been on this now for about 45 minutes they said no. I asked: Could you live you use the Army Field Manual, we covering the parameter of the issues with the Army Field Manual as your will be back in a good place with the that would be brought up. I respect his guide and do your job? They said yes. law. We will be back in a place where desire to speak. We will try to accom- The reason the Army Field Manual is our people can understand what is modate you at any point. I would urge a good source is because it has been going on. We will again capture the that we allow the Senator from Ari- part of who we are for years. People are moral high ground which is the ulti- zona to perfect this amendment and trained on it. What was happening is, mate way to win this war. then in due course he will speak to it. the Department of Justice, understand- There is no downside to this. The up- I will speak to it, and we will lay it ably, after September 11, wanted to side is huge. We are able to get good in- aside. And we will find the time for the come up with the most aggressive tech- formation, not get our people in trou- distinguished Senator from Alabama to ble, and have a better image in the niques possible to deal with foreign ter- speak. world. That is why I am supporting rorists. But the JAGS are telling us Mr. SESSIONS. Well, everybody has this amendment. you cannot look at this one event in spoken for it. Nobody has spoken I have included these memos for the against it. isolation. You have to understand what record. It would serve every Senator we have been standing for for 60 years Mr. MCCAIN. Could I ask, maybe we well to spend 5 or 10 minutes reading could take a maximum of 5 minutes, 3 and what the law actually says. The through them because these people DOJ’s interpretation of the torture or 4 minutes on this amendment, for were telling us in 2003, if you go down which I had unanimous consent, and statute from a lawyer’s point of view this road, the road we chose initially, was absurd. And the JAGS were telling then go back to allow the Senator from you are going to get everybody in- Alabama to speak. the policymakers: If you go down this volved in trouble. That is exactly what road, you are going to get your own Mr. WARNER. That is correct. happened. Mr. SESSIONS. That would be fine. If people in trouble. You are on a slippery I yield the floor. I could have 10 minutes, if I could share slope. You are going to lose the moral AMENDMENT NO. 1556, AS MODIFIED a few thoughts on the previous amend- high ground. This was 2003. And they The PRESIDING OFFICER. The Sen- ment in the next 10 minutes, I would be were absolutely right. ator from Arizona. To Secretary Rumsfeld’s credit, when happy. Mr. MCCAIN. Mr. President, I have Mr. WARNER. We definitely will he heard about the working group hav- amendment No. 1556 at the desk. I ask make that happen. But I want to in- ing problems with the DOJ’s suggested unanimous consent for its modifica- quire of the Senator from South Caro- interpretations of ‘‘interrogation,’’ he tion. lina, you also have a third amendment. reconvened and the techniques The PRESIDING OFFICER. Without I am not sure of the status. You have it changed. But as Senator MCCAIN has objection, the amendment is so modi- at the desk. You have spoken to it. fied. said very well, we need to bring cer- Mr. GRAHAM. I would like at this Mr. MCCAIN. Mr. President, is it the tainty to this process of interrogating time to submit it to the desk if I may. foreign terrorists to make sure we can desire that I call up 1556 at this time? Mr. WARNER. Yes, Mr. President, I Mr. MCCAIN. I ask unanimous con- get good, reliable information. We can sent that I be allowed to propose this do it in a way that people understand, suggest that we have amended the present one which is referred to as the amendment, the Senator from Alabama our troops will not get in trouble, and be allowed to speak for 10 minutes, the we can show the world we are truly a Army Field Manual, and I am a cosponsor on that. Now there is a second amendment be set aside, and the Sen- rule-of-law nation. ator from South Carolina be allowed to There is nothing inconsistent with amendment. I submitted to the Sen- ator a suggestion, I believe that is—— propose his amendment. interrogating people to get good infor- Mr. WARNER. Mr. President, I think mation to protect our country and Mr. MCCAIN. It is modified. Mr. WARNER. Let’s bring that up that is a very orderly manner in which using the Army Field Manual. What to accommodate. Then the Senator has got us in trouble is when we try to now and have that pending. Mr. MCCAIN. Mr. President, I ask from Alabama—let’s get the time re- make it up as we go, when we forget unanimous consent that the amend- maining and I will yield some of my who we are, when we will not listen to ment No. 1556 be considered at this time to the Senator from Alabama. people who have worn the uniform, who time. The PRESIDING OFFICER. The mo- are in uniform, telling us: Do not go The PRESIDING OFFICER. Is there tion on the floor right now is to call down this road, our people are trained objection? up, as I understand it, amendment No. to do it one way, you are confusing the Mr. SESSIONS. Reserving the right 1556 by the Senator from Arizona as heck out of them. to object, I know the discussion has modified. What have we learned in the last 2 been going on about the field manual Mr. MCCAIN. As modified. years? If you know what the rules are issue. Is the Senator now going to that The PRESIDING OFFICER. Is there about interrogating anybody, come tell amendment or are we leaving that objection? Without objection, it is so me because I can’t figure it out. I have amendment? I would like to at least ordered. spent 20 years as an Air Force lawyer make a few remarks about that sub- Ms. STABENOW. Reserving the right myself. There is much confusion, and ject. to object, I don’t intend to object, I un- confusion in war is dangerous. Anyone Mr. WARNER. Mr. President, the derstand we are working out some who misunderstands what we are doing field manual amendment has been laid amendments. I also have an amend- here in terms of our view of terrorists aside for the moment. This goes to a ment I would like to offer. I wanted to is playing politics. No one supporting second amendment which is—— raise, as the agreement is being put to- this amendment wants a foreign non- Mr. SESSIONS. Was there a unani- gether, that I have the opportunity to citizen terrorist not to be aggressively mous consent request made for that? do that. detained, prosecuted, if appropriate, The PRESIDING OFFICER. The Mr. WARNER. Mr. President, I will and interrogated to make our country Chair heard a unanimous consent re- assure you, working with the distin- safer. We can prosecute, we can detain, quest to move to a new amendment. guished Senator from Michigan, we

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.055 S25JYPT1 S8798 CONGRESSIONAL RECORD — SENATE July 25, 2005 will arrange—he has time immediately explain this. I wish to be added as a co- treatment of persons in the detention following the 1 hour being divided be- sponsor to this amendment. Then we of the U.S. Government. The amend- tween three Senators and now a fourth. will yield the floor to the Senator from ment doesn’t sound like anything new. I want to make sure we have the time Alabama to speak for up to 10 minutes That is because it isn’t. The prohibi- remaining to satisfy the needs of the on the subjects of these three amend- tion has been a longstanding principle Senator from Alabama. We now are ments. Then the balance of the time in both law and policy in the United proceeding on the second McCain will be accorded to the Senator from States. The Universal Declaration of amendment. South Carolina to bring forth his Human Rights adopted in 1948 states The PRESIDING OFFICER. Is there amendment. simply that: No one shall be subject to objection to reporting amendment No. The PRESIDING OFFICER. The torture or cruel, inhuman, or degrading 1556 by the Senator from Arizona? Chair will notify the Senators that the treatment or punishment. The Inter- Mr. MCCAIN. As modified. Chair is still working under the origi- national Covenant on Civil and Polit- The PRESIDING OFFICER. As modi- nal previous order of an hour equally ical Rights, to which the U.S. is a sig- fied. Without objection, it is so or- divided, 20 minutes to the Senator from natory, is the same. The Binding Con- dered. The clerk will report the amend- South Carolina, 20 minutes to the Sen- vention Against Torture, negotiated by ment. ator from Virginia, and 20 minutes to the Reagan administration, ratified by The assistant legislative clerk read the Senator from Arizona. the Senate, prohibits cruel, inhuman, as follows: Mr. WARNER. That is correct. Would and degrading treatment. On last The Senator from Arizona [Mr. MCCAIN] the Chair advise of the three Senators year’s DOD authorization bill, the Sen- proposes an amendment numbered 1556, as in the original order, what is the time ate passed a bipartisan amendment re- modified. remaining for each. affirming that no detainee in U.S. cus- The amendment is as follows: The PRESIDING OFFICER. The Sen- tody can be subject to torture or cruel At the end of subtitle G of title X, add the ator from Arizona has 2 minutes re- treatment as the U.S. has long defined following: maining. The Senator from Virginia these terms. All of this seems to be SEC. 1073. PROHIBITION ON CRUEL, INHUMAN, has 9 minutes remaining. common sense and in accordance with OR DEGRADING TREATMENT OR Mr. WARNER. I can’t hear the Chair. longstanding American values. PUNISHMENT OF PERSONS UNDER The PRESIDING OFFICER. The Sen- I will be glad to explain that amend- CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT. ator from Virginia has 9 minutes re- ment more if anyone wants. In the (a) IN GENERAL.—No individual in the cus- maining. The Senator from South meantime, I know the Senator from tody or under the physical control of the Carolina has 2 minutes—10 minutes re- Alabama is waiting. United States Government, regardless of na- maining. I yield back the remainder of my tionality or physical location, shall be sub- Mr. WARNER. I yield from my 9 min- time on this amendment. I ask unani- ject to cruel, inhuman, or degrading treat- utes such time as the Senator from Ar- mous consent we return at this time to ment or punishment. izona may need. amendment No. 1557, according to the (b) PRESIDENTIAL WAIVER.—(1) The Presi- The PRESIDING OFFICER. The Sen- previous unanimous consent agree- dent may waive the prohibition in subsection (a), on a case-by-case basis, if the Presi- ator from Arizona. ment. dent— Mr. MCCAIN. Mr. President, with all The PRESIDING OFFICER. Without (A) determines that the waiver is required due respect to the chairman, I don’t objection, it is so ordered. The Senator for a military or national security necessity; think that is going to quite work be- from Alabama is recognized for 10 min- and cause the Senator from Alabama needs utes. (B) submits the appropriate committees of 10 minutes. And if you are using your 9 Mr. WARNER. If the Senator will Congress timely notice of the exercise of the and I only have 2, that doesn’t get it withhold, I want to endorse the McCain waiver. done. I ask unanimous consent that I amendment. Essentially what he is (2) The authority of the President under doing is codifying what is policy now. I paragraph (1) may not be delegated. have 3 minutes to discuss my amend- (c) CONSTRUCTION.—Nothing in this section ment. think it is of such importance that it shall not be construed to impose any geo- The PRESIDING OFFICER. Without would require this bill to do so. graphical limitation on the applicability of objection, it is so ordered. I yield the floor. the prohibition against cruel, inhuman, or Mr. MCCAIN. That is an additional 3 AMENDMENT NO. 1557 degrading treatment or punishment under minutes. I ask unanimous consent that The PRESIDING OFFICER. The Sen- this section. following that, the Senator from Ala- ator from Alabama is recognized for 10 (d) LIMITATION ON SUPERSEDURE.—The pro- bama be recognized for 10 minutes in minutes. visions of this section shall not be super- Mr. SESSIONS. Mr. President, I will seded, except by a provision of law enacted addition to the unanimous consent after the date of the enactment of this Act agreement, and then the Senator from share a little bit of the history of what which specifically repeals, modifies, or su- South Carolina be allowed to propose has happened, as I recall it. I am sorry, persedes the provisions of this section. his amendment. I just got back from Alabama and was (e) DEFINITIONS.—In this section: The PRESIDING OFFICER. Without not able to participate earlier in the (1) The term ‘‘appropriate committees of objection, it is so ordered. debate. We have had maybe 29 hearings Congress’’ means— Mr. MCCAIN. Mr. President, I ask for involving prisoner abuse. That is a lot (A) the Committees on Armed Services and the yeas and nays on this amendment of hearings. I serve on the Judiciary Appropriations and the Select Committee on and the previous amendment, No. 1557. and Armed Services Committees. Prob- Intelligence of the Senate; and (B) the Committees on Armed Services and The PRESIDING OFFICER. Is there ably 20 of those have been in those 2 Appropriations and the Permanent Select objection to the request to ask for the committees of which I have been a Committee on Intelligence of the House of yeas and nays on two amendments at member and tried to participate as Representatives. this time? much as I could in each one of them. I (2) The term ‘‘cruel, inhuman, or degrading Without objection, it is in order to so remember that the U.S. military an- treatment or punishment’’ means the cruel, request. nounced they had problems in Abu unusual, and inhumane treatment or punish- Is there a sufficient second? Ghraib with prisoner abuse. They indi- ment prohibited by the Fifth, Eighth, and There appears to be a sufficient sec- cated they were conducting an inves- Fourteenth Amendments to the Constitution of the United States, as defined in the United ond. tigation of it. Members of the Senate, States Reservations, Declarations and Un- The yeas and nays were ordered. like dogs that chase a car down the derstandings to the United Nations Conven- Mr. MCCAIN. Mr. President, I ask road, sometimes I thought they tion Against Torture and Other Forms of unanimous consent that Senator WAR- thought they were making the car go Cruel, Inhuman or Degrading Treatment or NER, Senator LINDSEY GRAHAM, and because they were chasing it. Punishment done at New York, December 10, Senator COLLINS be added as cospon- The military commenced, on its own 1984. sors. I believe we are still scheduled for accord, an investigation that has cul- Mr. WARNER. Mr. President, we a vote at 5:30. minated in the conviction of a number would like to have the Senator from Mr. President, this amendment would of people who have gone to jail for Arizona take such time as he desires to prohibit cruel, inhuman, and degrading rather substantial periods of time for

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.057 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8799 violating the policies of the Depart- not at military targets but at men, of prisoners, as the witnesses told us in ment of Defense and the laws of war on women, and children who are going committee, were not contemplated those prisoners in Abu Ghraib. It took about their peaceful business. So it is when the field manual was written. place on a midnight shift and was not indisputable that the Geneva Conven- Different techniques could be legiti- justified. It was beyond the law, and tions don’t apply to them. mate against them that would not be they have been punished for it. That We have a statute in this country legitimate against lawful combatants— has been morphed into allegations that prohibits torture of anybody in the kinds of people we have seen so about what happened at Guantanamo. our control, and that statute stands many times in the history of warfare. We apprehended 17,000 prisoners in firm and clear, and that is certainly a It is a weird thing. We should not treat Afghanistan and Iraq. We brought 700 basis for a criminal prosecution for them inhumanely. It is an order of the to Guantanamo. There are only 500 anybody who goes too far in interro- President that we cannot. We cannot left. Some of those are the worst of the gating witnesses. torture them. We have a criminal stat- worst. Allegations were made that they Now, you are limited in what you can ute that defines that and says you can- were being abused. A thorough inves- do when you interrogate a prisoner of not do it. You can go to jail if you do. tigation has been conducted of that. war. We are told to give only name, I ask unanimous consent for 2 more Once again, we had a committee hear- rank, and serial number, and others minutes. ing to rehear the report. General have similar instructions from their The PRESIDING OFFICER. Is there Schmidt said there were 24,000 inves- countries. You are limited as to how objection? Mr. LEVIN. Mr. President, reserving tigations. He found three areas in much you can interrogate them and the right to object, I wonder if we can which he felt things had gone awry at how much you can expect them to say. line up some time at this point. I will Guantanamo. All happened right These people are not prisoners of war. not object, but after he is recognized, I quickly after 9/11, not going on now, They are terrorists, unlawful combat- believe then the majority has addi- because I was there at Guantanamo ants, determined to savage the peaceful tional time for another amendment Friday a week ago and they absolutely people of Spain and their railroad, the going up to what time? assured us, Senator GRAHAM and others people of London, or the people of New Mr. WARNER. We are operating who were with us, Chairman WARNER, York City. Thank God that because we under an original 1-hour agreement that nothing like that is going on have been aggressive and been after that was modified to give 10 minutes to today. them and obtained intelligence from the Senator from Alabama. I think But what were the three complaints? interviews and interrogation and tech- under the original 1 hour the Senator Mr. Khatani, the 20th hijacker, he niques within the rules of warfare, we from Virginia has time and the Senator found, had been abused cumulatively, have been able to prevent another at- from South Carolina has time. Would I three different things happened. He was tack on this country—Lord be be correct? interrogated for 20 hours. He was made praised—for almost 4 years now. It can The PRESIDING OFFICER. The Sen- to listen to loud music. And at certain happen again at any time. ator is correct. The Senator from Vir- times he had been put in shackles. The I am proud of what our men and ginia has 9 minutes remaining. The general found that was not torture women are doing. I was at one of the Senator from South Carolina has 10 under the definition of torture. It was committee hearings when a young lieu- minutes remaining. We still show the not inhuman. But together, they vio- tenant commander in the Navy testi- Senator from Arizona, Mr. MCCAIN, lated the standards the U.S. military fied that the prosecutor blocked him with 2 minutes remaining. adheres to, and he felt that was in from interviewing a witness. He told The Chair also notifies Senators that error. him what to do. He told him he could under the previous order, at 5 o’clock, One individual was screaming loudly only plead guilty. the Senate is to go to 30 minutes of de- repeatedly and would not stop. Some- I said: Sir, you are a lieutenant com- bate on the Americans with Disabil- one said he should be stopped. They mander in the U.S. Navy—I was in a ities resolution. found some duct tape, and Americans, I JAG officer slot. Unlike Senator Mr. WARNER. Mr. President, that is guess, are good with that. They put it GRAHAM, I was not trained at the JAG followed by a vote, is my under- around his mouth. He took it off, and officer school. But I had some training standing. they did it again. He took it off, and in it and taught the laws of warfare to The PRESIDING OFFICER. Yes, it is scheduled for 5:30. they did it again. So they put it all the our soldiers in the Army Reserve. At Mr. LEVIN. Mr. President, I ask way around his head. He felt that was any rate, this guy said he was ordered unanimous consent that immediately an abuse. A woman interviewer-inter- by the prosecutor. following the completion of those three rogator, perhaps losing her temper, or I said: I never heard of a defense time periods on the Republican side, I whatever, issued a threat to one of the counsel saying a prosecutor could order be allocated 10 minutes on this side, prisoners and their family. There were them around. which I will provide equally between 3 out of 24,000 matters in Guantanamo. He said: Well, he told me I could not the junior Senator from Michigan, the So, first, I reject the idea that this see the prisoner. Senator from Washington, and myself, Defense Department and our Army and I said: You could not see the pris- so that four amendments can be intro- our military is out of control, is con- oner? duced and laid aside. fused about what their powers and du- He said: Except at limited times. Mr. WARNER. Reserving the right to It was out of this that he came up ties and responsibilities are. I reject object, and I do not wish to object, it that. I don’t believe that is accurate. with this bizarre allegation that he was seems to me that reality dictates that Now, the field manual is good. We somehow defending the terrorist. He in 6 minutes we will go on the ADA; am had a number of witnesses before the was given a letter, and he said he could I correct? committee. In one of the many hear- only represent him to plead guilty. The The PRESIDING OFFICER. The Sen- ings, General Taguba and several oth- letter that appointed him to defend the ator is correct. ers, when asked, or they just volun- guy said he was to represent him in all Mr. WARNER. In effect, the Senator teered that the current rules of inter- categories. I was disappointed in the from South Carolina, unless he wants rogation under the field manual aren’t quality of his complaints. I don’t think to take the 6 minutes and put his appropriately applicable to all the they held up to be nearly what he was amendment in, we would have to come kinds of new threats we face today and saying publicly. Whatever got into peo- back to it at the conclusion of the the kind of prisoners we deal with ple’s craw about how these matters ADA. Would that be acceptable? today. These prisoners today are not were handled is a bit out of whack. Mr. GRAHAM. I don’t want to stop under the Geneva Conventions and Let’s say this: The field manual is Senator SESSIONS from finishing. I can aren’t prisoners of war. They are un- the manual that controls our handling come back. lawful combatants. They sneak into of a lot of things in the Army, includ- The PRESIDING OFFICER. The countries. They don’t wear a uniform. ing interrogation. But the President of unanimous consent request right now They don’t carry their arms openly. the United States is Commander in is 2 additional minutes for the Senator They make bombs. They direct them Chief of the military, and these kinds from Alabama.

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.059 S25JYPT1 S8800 CONGRESSIONAL RECORD — SENATE July 25, 2005 Mr. LEVIN. Reserving the right to Mr. GRAHAM. That is acceptable to reviewed it. The generals reviewed the object, we have not had any time prior me. heightened techniques personally, indi- to the ADA matter, and it was intended Mr. WARNER. Mr. President, fol- vidually, and carefully on a case-by- that we have some time. There is a pre- lowing the completion of the rollcall case basis, and they recommended this pared UC that would perhaps assist us, vote, I ask unanimous consent that the general at Guantanamo, Miller, be dis- which has been handed to us. I wonder Senator from South Carolina be recog- ciplined because these combination of if the manager will read this. nized. events exceeded what was proper. It Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. If the was overruled later, but that is how se- unanimous consent that notwith- Chair understands the now-modified riously they take this. standing the previous order, the Senate unanimous consent request, it is a re- I don’t think this is the way to fix resume consideration of S. 207 at 5:15 quest that the Senator from Alabama this situation. Some prisoners need to today, with 15 minutes to debate under be recognized for 2 additional minutes, be handled differently than others. We the control of Senator HARKIN. I fur- the time between that and 5:15 would should not bind by law what the field ther ask that following the use or be the Senator from Michigan, and at manual states. yielding back of the time, the Senate 5:15, under the previous order, the Sen- The PRESIDING OFFICER. The Sen- proceed to a rollcall vote on the resolu- ate would consider the Americans with ator’s time has expired. Under the tion as under the previous order. Disabilities resolution, followed by a unanimous consent agreement, the Mr. LEVIN. Reserving the right to vote at 5:30, followed by the Senator Senator from South Carolina is recog- object, I ask that that be modified to from South Carolina being recognized nized. allow 10 minutes between 5:15 and 5:30 to offer his amendment. Mr. GRAHAM. Mr. President, I would to be granted to this side for the intro- Mr. WARNER. Mr. President, that is like to build on what Senator SESSIONS duction of those amendments. They correct. said. If this amendment did the things will be introduced, with a minute on The PRESIDING OFFICER. Is there suggested, I would support it. One, the each, and then set aside. objection? Army Field Manual is being revised, as Mr. WARNER. Mr. President, I be- Mr. GRAHAM. Reserving the right to we speak, with two groups in mind— lieve that will accommodate our dis- object, I would like to be able to state lawful combatants and unlawful com- tinguished colleague from South Caro- some general areas of agreement and batants. The amendment says that the lina to introduce his amendment begin- disagreement concerning Senator SES- Army Field Manual be the guide in ning now, concluding at 5:10, at which SIONS’ statement. Is that possible when whatever form it is in. It does not lock time the Chair will recognize the jun- I introduce my amendment? in this version. They are going to have ior Senator from Michigan for a period Mr. LEVIN. I wonder if the Senator a version part of it classified so our not to exceed 5 minutes. will yield. We need only 71⁄2 minutes be- enemy does not have a chance to pre- Mr. LEVIN. No. fore 5:15. I wonder if the chairman will Mr. SESSIONS. Mr. President, can pare for interrogation techniques that agree to this: After Senator SESSIONS, we include my 2 minutes? deal with lawful combatants and un- Mr. LEVIN. The junior Senator from go to the Senator from South Carolina lawful combatants. Michigan, 2 minutes; the Senator from for 5 minutes, and then come to me. The reason we are doing that is be- Washington, 2 minutes; and me for 1 Mr. WARNER. That is acceptable. cause what the JAGs told us over 2 The PRESIDING OFFICER. Without minute. years ago. The common thread among The PRESIDING OFFICER. Does the objection, it is so ordered. our recommendations is concern for Senator modify the unanimous consent The Senator from Alabama is recog- servicemembers. request? nized for 2 minutes. If we put people on the line in this Mr. WARNER. I do so to accommo- Mr. SESSIONS. Mr. President, I will war in terror, we want to give them ev- date Senator LEVIN. We have 2 minutes try to conclude and sum this up. erything they need as far as equip- now for the Senator from Alabama to This country was attacked by a very ment. If we put people on the line in complete his remarks before the Chair dangerous group of people. I certainly terms of handling detainees, we want recognizes the Senator from South respect my colleagues’ concern and to give them everything they need, the Carolina; is that correct? commitment that our prisoners be tools to get good information, but what The PRESIDING OFFICER. Is there treated humanely and consistent with we do not want to do is put our own objection to the request by the Senator the rules of war. I have also said that people at risk. from Alabama? the rules of the Geneva Conventions do We are trying to armor all our vehi- Mr. LEVIN. Reserving the right to not apply to these unlawful combat- cles. What we are trying to do with the object, does that include the UC which ants. The field manual is an Army De- people who are holding these terrorists the Senator from Virginia read? partment of Defense document that and interrogating them is not getting The PRESIDING OFFICER. The sep- sets the rules for our conduct. But the them in trouble. The Office of Legal arate unanimous consent request of the DOD can alter that. Counsel, on 27 February 2003, from a Senator from Virginia would incor- As I understand what this amend- Marine general, not exactly the ACLU, porate that. There is one request for 2 ment would do, it would make the field said: additional minutes for the Senator manual, with regard to the section in- The common thread among our rec- from Alabama; 9 minutes for the Sen- volving interrogation and intelligence, ommendations is concern for our service ator from Virginia— the equivalent of law; that before the members. The Office of Legal Counsel does Mr. LEVIN. Reserving the right to Army or Department of Defense could not represent the services, thus understand- object, the Democratic leader is going make any changes in those field manu- ably concern for service members does not to want 2 minutes prior to the vote on als, somebody would have to offer leg- reflect in their opinion. Notably, their opin- leadership time, or prior to 5:15. You islation in the House and the Senate, ion is violent on the foreign views of international law. all figure it out. which would be subject to a filibuster Mr. WARNER. We certainly want to and maybe we could fix it and maybe This is what the judge advocate gen- accommodate the Democratic leader. we could not. It becomes force of law. eral of the Army said: The Senator from South Carolina indi- I think that is a mistake. I recommend the aggressive counterresist- cated that perhaps he would like to Finally, alterations in procedure by ant interrogation techniques under consider- take up his amendment following the which these prisoners or detainees were ation be vetted with the Army intelligence community before a final decision on their vote, giving him then such time as he handled was done with review by the use is made. Some of these techniques do not requires, and giving the Senator from Department of Justice. We had Attor- comport with Army doctrine as set forth in Michigan such time as he may require. ney General Gonzales, when he was the Field Manual, FM 34–52, intelligence in- So perhaps let us allocate the remain- White House counsel and Attorney terrogation, and may be of questionable ing time between now and 5:15 between General, testify about how it came practical value in obtaining reliable infor- the Senator from Alabama, the two about and all the legal research that mation of those being interrogated. colleagues on that side, and the distin- went into it. We had the Department of What we are trying to do is have a guished Democratic leader. Defense leadership discuss this. They guide our troops can understand with

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.061 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8801 two parts—one for lawful combatants league. I ask unanimous consent to set Mr. LEVIN. Mr. President, I yield 3 and one for unlawful enemy combat- aside the pending amendment, and I minutes to the Senator from Wash- ants. We will know what the rules of call up amendment No. 1435. ington. the road will be. We are putting con- The PRESIDING OFFICER. Without AMENDMENT NO. 1348 gressional approval on those rules. objection, the clerk will report. Mrs. MURRAY. Mr. President, I ask We have had the White House, Con- The assistant legislative clerk read unanimous consent to lay the pending gress, and eventually the courts saying as follows: amendment aside. you can aggressively interrogate pris- The Senator from Michigan [Ms. The PRESIDING OFFICER. Without oners not covered by the Geneva Con- STABENOW], for herself, Mr. JOHNSON, Mr. objection, it is so ordered. ventions. We have been all over the AKAKA, Mrs. MURRAY, Mr. DAYTON, Mr. NEL- Mrs. MURRAY. Mr. President, I come board for the last couple of years. We SON of Florida, Mr. LAUTENBERG, Mr. to the floor this afternoon to call up are trying to bring it together in sym- SALAZAR, Mrs. LINCOLN, and Mr. CORZINE, two amendments, and in the event clo- proposes an amendment numbered 1345. metry where the military can write the ture is invoked on the underlying bill, rules. They know better than I do. I am Ms. STABENOW. Mr. President, I ask I will ask for the yeas and nays on both not saying I am an expert on interroga- unanimous consent that the reading of amendments. tions. They are going to write the rules the amendment be dispensed with. First, I ask unanimous consent to the way they need to be written, and The PRESIDING OFFICER. Without call up amendment No. 1348 and ask for Congress is going to say you are good objection, it is so ordered. its immediate consideration. to go. (The amendment is printed in the The PRESIDING OFFICER. The These JAGs were telling us you have RECORD of July 23, 2005 under ‘‘Text of clerk will report the amendment. confused concepts, so we are trying to Amendments.’’) The assistant legislative clerk read do away with that confusion to make it Ms. STABENOW. Mr. President, to- as follows: stronger, not weaker, to make us bet- day’s soldiers are tomorrow’s veterans, The Senator from Washington [Mrs. MUR- ter at gathering intelligence and avoid and America has made a promise to RAY] proposes an amendment numbered 1348. the problems we have had in the last 2 these brave men and women to provide Mrs. MURRAY. Mr. President, I ask years. them with the care they need and de- unanimous consent that the reading of I think it is a very smart thing to do. serve. Senator JOHNSON and I and oth- the amendment be dispensed with. I look forward to trying to help change ers are offering an amendment today to The PRESIDING OFFICER. Without it if it needs to be changed, but nobody provide full funding for VA health care objection, it is so ordered. is locking the military into a set of to ensure that the VA has the re- The amendment is as follows: rules that does not allow them to ag- sources necessary to provide quality (Purpose: To amend the assistance to local gressively get what they need to make care in a timely manner to our Na- educational agencies with significant en- us safe. We are trying to provide the tion’s sick and disabled veterans. rollment changes in military dependent military and all those in charge of de- The Stabenow-Johnson amendment students due to force structure changes, tainees clear guidance so they will provides guaranteed funding for Amer- troop relocations, creation of new units, have the flexibility they need and we ica’s veterans from two sources. First, and realignment under BRAC) will not get our people in trouble. That the legislation provides an annual dis- Strike section 582 of the bill and insert the is what we have been working on for 2 cretionary amount that would be following: years. We are at a point where we can locked in for future years at the 2005 SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES WITH SIGNIFICANT EN- actually accomplish something that funding levels and, second, in the fu- ROLLMENT CHANGES IN MILITARY will be good for this country, good for ture, the VA would receive a sum of DEPENDENT STUDENTS DUE TO the military, and help win this war on mandatory funding that would be ad- FORCE STRUCTURE CHANGES, terror. Part of this war is about image. justed year to year based on the TROOP RELOCATIONS, CREATION OF NEW UNITS, AND REALIGNMENT Mr. SESSIONS. Will the Senator changes in demand from the VA health UNDER BRAC. yield? care system and the rate of health care (a) AVAILABILITY OF ASSISTANCE.—To assist Mr. GRAHAM. Yes, I yield. inflation. communities making adjustments resulting Mr. SESSIONS. It did say ‘‘not au- This is about whether we are going to from changes in the size or location of the thorized in the field manual.’’ But the fully support our brave men and Armed Forces, the Secretary of Defense shall Senator from South Carolina inter- women who are fighting today and make payments to eligible local educational prets that to mean that the military have fought in the past and will fight agencies that, during the period between the end of the school year preceding the fiscal could amend it at any point in time. tomorrow, whether we are going to Mr. GRAHAM. Absolutely. year for which the payments are authorized continue to debate year to year wheth- and the beginning of the school year imme- Mr. SESSIONS. I think that is more er there is adequate funding for vet- acceptable, but even then the policies diately preceding that school year, had (as erans health care or whether we will determined by the Secretary of Defense in in the field manual should reflect the make a statement in this bill that part consultation with the Secretary of Edu- executive branch, it seems to me, being of national defense is making sure that cation) an overall increase or reduction of— able to use extraordinary events and when our men and women come home (1) not less than 5 percent in the average extraordinary circumstances. and put on the veteran’s cap, they will, daily attendance of military dependent stu- Mr. GRAHAM. And it will be. There dents enrolled in the schools served by the in fact, be assured that the health care will be a section that is specific for un- eligible local educational agencies; or they need will be there, not dependent lawful enemy combatants. That is not (2) not less than 250 military dependent on the Appropriations Committee en- a traditional way to deal with them students enrolled in the schools served by tirely, not dependent on what happens versus POWs. the eligible local educational agencies. (b) NOTIFICATION.—Not later than June 30, Mr. SESSIONS. I thank the Senator. year to year, but knowing there is a full commitment that we have made to 2006, and June 30 of each of the next 2 fiscal The PRESIDING OFFICER. Under years, the Secretary of Defense shall notify the previous order, the Senator from them for veterans health care. I will speak further at a later time. I each eligible local educational agency for Michigan has the time remaining up to such fiscal year— 5:15 p.m. under his control. understand there are other colleagues (1) that the local educational agency is eli- Mr. LEVIN. Mr. President, I yield 3 who wish to speak on other amend- gible for assistance under this section; and minutes to my colleague from Michi- ments. I simply ask colleagues to sup- (2) of the amount of the assistance for gan. port this very important commitment, which the eligible local educational agency The PRESIDING OFFICER. The Sen- keeping our promises to our veterans, qualifies, as determined under subsection (c). ator from Michigan. starting with the fact that we say very (c) AMOUNT OF ASSISTANCE.— (1) IN GENERAL.—The Secretary of Defense AMENDMENT NO. 1435 loudly and clearly that veterans health care, in the full amount needed, will be shall, in consultation with the Secretary of (Purpose: To ensure that future funding for Education, make assistance available to eli- health care for veterans takes into account available to each and every one of our gible local educational agencies for a fiscal changes in population and inflation) brave veterans. year on a pro rata basis, as described in para- Ms. STABENOW. Mr. President, I The PRESIDING OFFICER. The Sen- graph (2). thank my friend and distinguished col- ator from Michigan. (2) PRO RATA DISTRIBUTION.—

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.062 S25JYPT1 S8802 CONGRESSIONAL RECORD — SENATE July 25, 2005

(A) IN GENERAL.—The amount of the assist- tary dependent students in the schools SEC. 653. CHILD CARE FOR CHILDREN OF MEM- ance provided under this section to an eligi- served by the local educational agency; and BERS OF ARMED FORCES ON ACTIVE ble local educational agency for a fiscal year (B) for which the required overall increase DUTY FOR OPERATION ENDURING shall be equal to the product obtained by or reduction in the number of military de- FREEDOM OR OPERATION IRAQI FREEDOM. multiplying— pendent students enrolled in schools served (a) CHILD CARE FOR CHILDREN WITHOUT AC- (i) the per-student rate determined under by the local educational agency, as described CESS TO MILITARY CHILD CARE.— subparagraph (B) for such fiscal year; by in subsection (a), occurred as a result of— (1) IN GENERAL.—In any case where the (ii) the overall increase or reduction in the (i) the global rebasing plan of the Depart- children of a covered member of the Armed number of military dependent students in ment of Defense; Forces are geographically dispersed and do the schools served by the eligible local edu- (ii) the official creation or activation of 1 not have practical access to a military child cational agency, as determined under sub- or more new military units; development center, the Secretary of De- section (a). (iii) the realignment of forces as a result of fense may, to the extent funds are available (B) PER-STUDENT RATE.—For purposes of the base closure process; or for such purpose, provide such funds as are subparagraph (A), the per-student rate for a (iv) a change in the number of required necessary permit the member’s family to se- fiscal year shall be equal to the dollar housing units on a military installation, due cure access for such children to State li- amount obtained by dividing— to the military housing privatization initia- (i) the amount of funds available for such censed child care and development programs tive of the Department of Defense under- and activities in the private sector that are fiscal year to provide assistance under this taken under the alternative authority for section; by similar in scope and quality to the child care the acquisition and improvement of military and development programs and activities the (ii) the sum of the overall increases and re- housing under subchapter IV of chapter 169 ductions, as determined under subparagraph Secretary would otherwise provide access to of title 10, United States Code. under subchapter II of chapter 88 of title 10, (A)(ii), for all eligible local educational (3) LOCAL EDUCATIONAL AGENCY.—The term agencies for that fiscal year. United States Code, and other applicable ‘‘local educational agency’’ has the meaning provisions of law. (d) DISBURSEMENT OF FUNDS.—The Sec- given the term in section 8013 of the Elemen- retary of Defense shall disburse assistance (2) PROVISION OF FUNDS.—Funds may be tary and Secondary Education Act of 1965 (20 provided under paragraph (1) in accordance made available under this section for a fiscal U.S.C. 7713). year, not later than 30 days after the date on with the provisions of section 1798 of title 10, (4) MILITARY DEPENDENT STUDENT.—The which the Secretary of Defense notified the United States Code, or by such other mecha- term ‘‘military dependent student’’ means— eligible local educational agencies under nism as the Secretary considers appropriate. (A) an elementary school or secondary subsection (b) for the fiscal year. (3) PRIORITIES FOR ALLOCATION OF FUNDS IN school student who is a dependent of a mem- (e) CONSULTATION.—The Secretary of De- CERTAIN CIRCUMSTANCES.—The Secretary fense shall carry out this section in con- ber of the Armed Forces; or shall prescribe in regulations priorities for sultation with the Secretary of Education. (B) an elementary school or secondary the allocation of funds for the provision of (f) REPORTS.— school student who is a dependent of a civil- access to child care under paragraph (1) in (1) REPORTS REQUIRED.—Not later than May ian employee of the Department of Defense. circumstances where funds are inadequate to 1 of each of the years 2007, 2008, and 2009, the Mrs. MURRAY. Mr. President, I ask provide all children described in that para- Secretary of Defense shall submit to the unanimous consent to add Senator graph with access to child care as described Committee on Armed Services of the Senate KENNEDY as a cosponsor of that amend- in that paragraph. and the Committee on Armed Services of the ment. (b) PRESERVATION OF SERVICES AND PRO- House of Representatives a report on the as- GRAMS.—The Secretary shall provide for the sistance provided under this section during The PRESIDING OFFICER. Without attendance and participation of children in the fiscal year preceding the date of such re- objection, it is so ordered. military child development centers and child port. Mrs. MURRAY. I ask for the yeas and care and development programs and activi- (2) ELEMENT OF REPORT.—Each report de- nays on amendment No. 1348. ties under subsection (a) in a manner that scribed in paragraph (1) shall include an as- The PRESIDING OFFICER. Is there a preserves the scope and quality of child care sessment and description of the current com- and development programs and activities pliance of each eligible local educational sufficient second? otherwise provided by the Secretary. agency with the requirements of part A of There appears to be a sufficient sec- (c) AUTHORIZATION OF APPROPRIATIONS.— title I of the Elementary and Secondary Edu- ond. There is authorized to be appropriated to the cation Act of 1965 (20 U.S.C. 6301 et seq.). The yeas and nays were ordered. Department of Defense $25,000,000 to carry (g) FUNDING.—Of the amount authorized to out this section for fiscal year 2006. AMENDMENT NO. 1349 be appropriated to the Department of De- (d) DEFINITIONS.—In this section: fense for fiscal years 2006, 2007, and 2008 for Mrs. MURRAY. Mr. President, I ask (1) The term ‘‘covered members of the operation and maintenance for Defense-wide unanimous consent to lay the pending Armed Forces’’ means members of the activities, $15,000,000 shall be available for amendment aside. Armed Forces on active duty, including each such fiscal year only for the purpose of The PRESIDING OFFICER. Without members of the Reserves who are called or providing assistance to eligible local edu- objection, it is so ordered. ordered to active duty under a provision of cational agencies under this section. law referred to in section 101(a)(13)(B) of title (h) TERMINATION.—The authority of the Mrs. MURRAY. Mr. President, I ask 10, United States Code, for Operation Endur- Secretary of Defense to provide financial as- unanimous consent to call up amend- ing Freedom or Operation Iraqi Freedom. sistance under this section shall expire on ment No. 1349 and ask for its imme- (2) The term ‘‘military child development September 30, 2008. diate consideration. center’’ has the meaning given such term in (i) DEFINITIONS.—In this section: The PRESIDING OFFICER. Without section 1800(1) of title 10, United States Code. (1) BASE CLOSURE PROCESS.—The term SEC. 654. EMERGENCY FUNDING FOR LOCAL EDU- ‘‘base closure process’’ means the 2005 base objection, the clerk will report. The assistant legislative clerk read CATIONAL AGENCIES ENROLLING closure and realignment process authorized MILITARY DEPENDENT CHILDREN. by the Defense Base Closure and Realign- as follows: (a) SHORT TITLE.—This section may be ment Act of 1990 (part A of title XXIX of The Senator from Washington [Mrs. MUR- cited as the ‘‘Help for Military Children Af- Public Law 101–510; 10 U.S.C. 2687 note) or RAY] proposes an amendment numbered 1349. fected by War Act of 2005’’. any base closure and realignment process (b) GRANTS AUTHORIZED.—The Secretary of conducted after the date of the enactment of Mrs. MURRAY. Mr. President, I ask Defense is authorized to award grants to eli- this Act under section 2687 of title 10, United unanimous consent that the reading of gible local educational agencies for the addi- States Code, or any other similar law en- the amendment be dispensed with. tional education, counseling, and other needs acted after that date. The PRESIDING OFFICER. Without of military dependent children who are af- (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— objection, it is so ordered. fected by war or dramatic military decisions. The term ‘‘eligible local educational agency’’ The amendment is as follows: (c) DEFINITIONS.—In this section: means, for a fiscal year, a local educational (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— agency— (Purpose: To facilitate the availability of The term ‘‘eligible local educational agency’’ (A)(i) for which not less than 20 percent (as child care for the children of members of means a local educational agency that— rounded to the nearest whole percent) of the the Armed Forces on active duty in con- (A) had a number of military dependent students in average daily attendance in the nection with Operation Enduring Freedom children in average daily attendance in the schools served by the local educational agen- or Operation Iraqi Freedom and to assist schools served by the local educational agency during the preceding school year were school districts serving large numbers or cy during the school year preceding the military dependent students that were percentages of military dependent children school year for which the determination is counted under section 8003(a)(1) of the Ele- affected by the war in Iraq or Afghanistan, made, that— mentary and Secondary Education Act of or by other Department of Defense per- (i) equaled or exceeded 20 percent of the 1965 (20 U.S.C. 7703(a)(1)); or sonnel decisions) number of all children in average daily at- (ii) that would have met the requirements At the end of subtitle E of title VI, add the tendance in the schools served by such agen- of clause (i) except for the reduction in mili- following: cy during the preceding school year; or

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.022 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8803 (ii) was 1,000 or more, force realignments. And the second community in the mistreatment of de- whichever is less; and amendment will make sure our mili- tainees or what policies apply to these (B) is designated by the Secretary of De- tary students get the counseling and intelligence personnel. fense as impacted by— support they need. Our Guard and Re- Second, we do not know what the (i) Operation Iraqi Freedom; policies and practices of the United (ii) Operation Enduring Freedom; serve families are spread across our (iii) the global rebasing plan of the Depart- States, not necessarily close to a base, States are regarding the rendition of ment of Defense; and the schools are impacted across detainees to other countries where (iv) the realignment of forces as a result of this country. When they are impacted, they may be interrogated using tech- the base closure process; our children are impacted. niques that would not be permitted at (v) the official creation or activation of 1 Both of these amendments will help U.S. detention facilities. or more new military units; or all of our students in our schools make Third, we have insufficient informa- (vi) a change in the number of required sure they reach the goals we all desire. tion on the role of contractors in U.S. housing units on a military installation, due I will be here again later to talk about detention and intelligence operations. to the Military Housing Privatization Initia- Fourth, the detention and interroga- tive of the Department of Defense. both of these amendments. I thank the managers for their consideration in al- tion of detainees by special operations (2) LOCAL EDUCATIONAL AGENCY.—The term forces need close examination. ‘‘local educational agency’’ has the meaning lowing me to call them up at this time. The PRESIDING OFFICER. The Sen- Fifth, we are still missing key docu- given the term in section 9101 of the Elemen- ments, including legal documents, tary and Secondary Education Act of 1965 (20 ator from Michigan. U.S.C. 7801). Mr. LEVIN. Mr. President, I ask from the Office of Legal Counsel. Sixth, there are just too many sig- (3) MILITARY DEPENDENT CHILD.—The term unanimous consent to set aside the nificant questions which have been left ‘‘military dependent child’’ means a child de- pending amendment. scribed in subparagraph (B) or (D)(i) of sec- The PRESIDING OFFICER. Without unanswered. I hope we can appoint an independent tion 8003(a)(1) of the Elementary and Sec- objection, it is so ordered. ondary Education Act of 1965 (20 U.S.C. commission on the treatment of these 7703(a)(1)). AMENDMENT NO. 1494 detainees, on policies involved, pat- (d) USE OF FUNDS.—Grant funds provided (Purpose: To establish a national commis- terned after the 9/11 Commission. We under this section shall be used for— sion on policies and practices on the treatment of detainees since September 11, 2001) owe it to our military personnel who (1) tutoring, after-school, and dropout pre- might someday be in enemy custody to vention activities for military dependent Mr. LEVIN. I call up amendment demonstrate our commitment to the children with a parent who is or has been im- 1494, cosponsored by Senators KEN- humane treatment of detainees, to pacted by war-related action described in NEDY, ROCKEFELLER, and REED of strengthen our standing, to object and clause (i), (ii), or (iii) of subsection (c)(1)(B); Rhode Island. (2) professional development of teachers, The PRESIDING OFFICER. Without to take appropriate action against anyone who would mistreat an American principals, and counselors on the needs of objection, the clerk will report the military dependent children with a parent prisoner of war. who is or has been impacted by war-related amendment. I yield the floor. action described in clause (i), (ii), or (iii) of The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- subsection (c)(1)(B); The Senator from Michigan [Mr. LEVIN], ator from Virginia. (3) counseling and other comprehensive for himself, Mr. KENNEDY, Mr. ROCKEFELLER, Mr. WARNER. Mr. President, I won- support services for military dependent chil- and Mr. REED, proposes an amendment numbered 1494. der if I might bring to the attention of dren with a parent who is or has been im- the Senate that we now have 215 pacted by war-related action described in Mr. LEVIN. Mr. President, I ask amendments offered on this bill; 27 clause (i), (ii), or (iii) of subsection (c)(1)(B), unanimous consent that the reading of including the hiring of a military-school liai- amendments have been proposed and the amendment be dispensed with. are pending, a number desiring to have son; and The PRESIDING OFFICER. Without (4) other basic educational activities asso- rollcall votes. I know of five rollcall objection, it is so ordered. votes that I think are ready to go. I ciated with an increase in military depend- (The amendment is printed in today’s ent children. ask the Senator, might we advise our RECORD under ‘‘Text of Amendments.’’) (e) AUTHORIZATION OF APPROPRIATIONS.— leaders that we can continue tonight (1) IN GENERAL.—There are authorized to be Mr. LEVIN. Mr. President, this amendment would establish an inde- with rollcall votes and hopefully that appropriated to the Department of Defense can be facilitated. such sums as may be necessary to carry out pendent commission on the treatment Mr. LEVIN. I would have to check this section for fiscal year 2006 and each of of detainees in Afghanistan, Iraq, with our leadership on that. In terms the 2 succeeding fiscal years. Guantanamo, and elsewhere. U.S. poli- (2) SPECIAL RULE.—Funds appropriated of continuing tonight, I surely would cies, and too often practices, in the be happy to do that, but let me check under paragraph (1) are in addition to any treatment of detainees have veered off funds made available to local educational with our leaders. agencies under section 582, 583 or 584 of this the course which was established by Mr. WARNER. I thank my distin- Act or section 8003 of the Elementary and decades of U.S. leadership in inter- guished colleague because it is impor- Secondary Education Act of 1965 (20 U.S.C. national humanitarian law and has tant that we keep momentum going 7703). been a champion of the Geneva Conven- forward on this bill. Mrs. MURRAY. Mr. President, I ask tions on the treatment of prisoners of The PRESIDING OFFICER. The Sen- for the yeas and nays on amendment war and other detainees. ator from Michigan. No. 1349. Our troops serve honorably and cou- Mr. LEVIN. Mr. President, I men- The PRESIDING OFFICER. Is there a rageously across the globe. Their honor tioned to Senator WARNER I would be sufficient second? is besmirched when some of those who saying this. He suggested the possi- There appears to be a sufficient sec- are captured are abused. Our troops’ fu- bility of votes tonight. My response to ond. ture security is jeopardized when peo- him privately, and now publicly, is we The yeas and nays were ordered. ple we detain are not treated as we would be happy to try to see if we Mrs. MURRAY. Mr. President, I rightfully insist others treat our troops could work out additional amendments thank my colleagues for their consider- when they are captured. that are pending where we could agree ation. I will come to the floor later to The amendment we are proposing on rollcall votes tonight. I will work discuss both of these amendments, but today would help reaffirm the values with Senator WARNER to see if those essentially they deal with the children we cherish as Americans. It would pro- amendments can be identified mutu- of our Guard and Reserve. I think all of tect our troops should they be cap- ally during this rollcall vote. us understand the impacts to families tured. It is going to be argued that f across our country. Our members from there have been dozens of inquiries and home have been called up for Guard hundreds of interviews and thousands HONORING 15TH ANNIVERSARY OF and Reserve duty. of pages provided to Congress, but the AMERICANS WITH DISABILITIES The first amendment I offered will fact is that huge gaps and omissions re- ACT help schools handle the sudden changes main. The PRESIDING OFFICER. Under in student enrollment and help schools First, we do not know the role of the the previous order, the hour of 5:15 hav- handle base closures, deployment, and CIA and other parts of the intelligence ing arrived, there will be 15 minutes for

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.023 S25JYPT1 S8804 CONGRESSIONAL RECORD — SENATE July 25, 2005 debate on the Americans with Disabil- chair friendly. I received financial assistance remainder of the letters I have be ities resolution. The Senator from Iowa from the state Vocational Rehabilitation printed in the RECORD at this point. will control 15 minutes. program. I was able to apply for jobs, schol- There being no objection, the mate- The Senator is recognized. arships, and schools and to know I would be rial was ordered to be printed in the viewed without discrimination. My ability to Mr. HARKIN. I thank the Chair. RECORD, as follows: easily take buses, trains, and airplanes led A woman with multiple disabilities wrote: Mr. President, in remarks on the me to domestic and global travel for the pur- floor this morning I spoke about the ‘‘Without the ADA, I would either be on wel- poses of building my sports and medical ca- fare or Social Security, unable to support remarkable progress that we have reers. I knew that something as simple as a myself. Thanks to the ADA, I am a tax-pay- made since the Americans with Dis- set of stairs would not stop me from achieving citizen helping to support others, living abilities Act became law 15 years ago ing my life goals. in my own little home which I bought my- tomorrow. Today, the physical impact A woman from Chicago who uses a self, paying for my own car, bills and medi- of ADA’s quiet revolution is all around wheelchair and works for the Federal cine. The ADA has helped me to secure us. Sidewalks are equipped with curb Reserve wrote the following: meaningful employment. In the 70’s and 80’s, when I was hard of hearing with hearing cuts allowing access for people using I am part of the first generation of Ameri- cans with disabilities to grow up with the aids, I had a very difficult time finding and wheelchairs. New buildings are out- holding jobs because I was not able to hear fitted in countless ways with ramps, ADA in effect, and as a result, it never crossed my mind that going to college, on the phone, and most often misunderstood verbal instruction. I could often only find wide doors, and large bathroom stalls studying abroad, or working in a big city jobs paying the minimum wage. Now, to accommodate people with disabil- would be impossible for me. I knew these though, thanks to the ADA, I am happily ities. Many banks have talking ATMs goals would be challenging—as they would be employed with an employer who recognizes to assist individuals who are blind. for anyone. But I also knew they were pos- me for my abilities, not my limits.’’ Service animals are welcome in res- sible, in part, because of the ADA. The law A German woman with a disability wrote taurants and shops, and on and on. laid the groundwork to make this country the following: ‘‘Although I am not an Amer- For those of us who are able-bodied, more accessible for everyone, and it gave me ican with a disability but a German with a these changes are all but invisible. For the access I need to do the things I’m capa- disability, the ADA had an impact on my ble of doing. For example, I need accessible life. The United States is one of my favorite a person with a disability, they are transportation to go to work so I can afford transforming and liberating. So are countries for traveling. Why? I am a wheel- my apartment. My apartment is located near chair user and I enjoy having no problems provisions in the ADA outlawing dis- a city bus line, and all of the buses have lifts finding an accessible hotel. I don’t have any crimination against qualified individ- to accommodate my wheelchair. ADA helped trouble finding accessible restrooms, and I uals with disabilities in the workplace, to make these necessities available to me never have any problems visiting museums, and requiring employers to provide rea- and others with disabilities, giving us more parks, attractions and public buildings. sonable accommodations. opportunities than ever before to be active There are many more parking spaces for the members of the community. It’s hard for me disabled than in Europe. And if I book my The ADA is about designing our poli- to imagine what my life would be like with- cies and also our physical environment flight at an American airline, there will be out the ADA and without the accessibility I no stupid questions—I am just a passenger so that America can benefit from the take advantage of every day. who uses a wheelchair. No big deal! I try to contributions of all of our citizens. The An individual from Laramie, WY, travel to US at least once a year, because of ADA is about rejecting the false di- wrote: the ADA. It means seamless travel to me.’’ And one final story. A man from Min- chotomy between disabled and abled. It The ADA has made a tremendous impact in nesota with a spinal cord injury wrote the is about recognizing that people with my life. The ability to go into a store to following: ‘‘Six years ago, my spine was sev- disabilities, like all people, have shop, or to travel, and to find a place to stay ered in a car accident. In that one afternoon have been the largest differences I’ve experi- unique abilities, talents, and aptitudes I went from being a positive and productive and that our country, that our Amer- enced. Now, when I find a place of business husband, father, and worker in the U.S. to ica, is better, fairer and richer when we that I can’t get into or get around in because spending months at the Mayo Hospitals. Be- make full use of those gifts. of my wheelchair, it’s the exception rather fore that time I didn’t know or think much than the rule. In 1990, in Wyoming, the num- about the ADA. Since my accident I have re- Last week, in anticipation of this ber of businesses I couldn’t get into, or get 15th anniversary, I asked people from mained a positive husband not just the right around in, far outnumbered the number of to be independent and have a job, but the all across America to send stories businesses that were accessible. That has wherewithal to be independent and hold a about how their lives are different changed. Many have added ramps, doorbells, job. today thanks to the Americans with or simply rearranged displays to make wider Mr. HARKIN. Mr. President, shortly Disabilities Act. I wanted to find out aisles. we are going to have a vote on a resolu- what the ADA means to people in their An individual with a spinal cord in- tion commending the 15th anniversary everyday lives. jury from St. Paul, MN, wrote: of the Americans with Disabilities Act I want to recite some of those. I’m 32. Growing up, I was never sure wheth- and all it has achieved for our society. Before I do, I ask unanimous consent er I would be employed. Thanks to the ADA, It truly has opened the doors and torn that Senators CANTWELL and VOINOVICH I received accommodations to enable me to down the walls of segregation and dis- be added as original cosponsors of S. earn a B.A. and a J.D. I passed the bar in crimination and the denial of equal op- Res. 207. 1998, thanks to accommodations received under the ADA. One of my first jobs was portunity for people with disabilities. The PRESIDING OFFICER. Without clerking for a district court judge. Under the As I said this morning, after the Civil objection, it is so ordered. ADA, the court provided me with assistive Rights Act of 1964 passed, we thought Mr. HARKIN. One young woman technology to enable me to write judicial we had done a great thing, and indeed whose name is Cheri Blauwet wrote me opinions and orders. The ADA has made a we had. But for a large group of Ameri- and said: tremendous difference in my life, both per- cans with disabilities, the Civil Rights I am a paraplegic as the result of a farming sonally and professionally. The ADA has en- Act of 1964 left them out because they accident when I was 15 months old. I am now abled me to participate in every facet of still faced segregation on a daily basis. 25 years old and am currently a medical stu- daily life, including the mundane things like They faced discrimination on a daily dent at Stanford University in addition to going to a movie or staying at a hotel. I basis; they faced inequality of oppor- being a wheelchair racer on the United can’t imagine what my life would be like if this law had not passed. tunity on a daily basis. So the Ameri- States Paralympic Team. My ultimate goal cans with Disabilities Act, signed into A woman who has an 11-year-old son is to become a physician and to work inter- law on July 26, 1990, finally accorded to nationally to provide sport and physical ac- with a disability wrote: tivity opportunities to my peers with dis- Americans with disabilities every right I am thankful for the ADA each time we that every American ought to have. abilities. pull into a handicapped parking space, hit That is the right to live independently, She continued: the automatic door to the building, and can move around due to widened doorways. Each the right to have equality of oppor- I was 10 years old when the ADA was tunity, the right to have economic self- passed in 1990. Although I didn’t know it at time we go into a movie theater and don’t that time, my realization of my own talents have to sit on the very front row. Each time sufficiency, and the right to be ac- and capacities would be shaped on this fate- we go to a theme park show where we don’t corded full participation in our society. ful day. As I grew into adulthood, I attended have to sit in the very back row. Those are the four goals of the Ameri- a public university and had an accessible Those are just a few of the many let- cans with Disabilities Act, and now we dorm room and classrooms that were wheel ters. I ask unanimous consent that the see the evidence all around us.

VerDate Aug 04 2004 03:08 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.067 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8805 On July 26, 1990, when he signed the that we have made; second, to recom- The PRESIDING OFFICER. Under Americans with Disabilities Act into mit ourselves to make sure that we the previous order, the preamble is law, President George Herbert Walker will not go backward but that we will agreed to and the motion to reconsider Bush spoke with great eloquence, and I continue forward to even break down is laid upon the table. will never forget his final words before more barriers, to become even more in- The resolution, with its preamble, taking up his pen. clusive, to make sure that every single reads as follows: He said, ‘‘Let the shameful wall of person with a disability is a member of S. RES. 207 exclusion finally come tumbling that American family. Whereas July 26, 2005, marks the 15th anni- down.’’ I yield the floor. versary of the enactment of the Americans Today, that wall has indeed fallen. The PRESIDING OFFICER. Under with Disabilities Act of 1990; We must continue this progress. We the previous order, the Senate will pro- Whereas prior to the passage of the Ameri- must go forward and not backward. ceed to a vote on S. Res. 207. The ques- cans with Disabilities Act, it was common- As I said this morning, we have come place for individuals with disabilities to ex- tion is on agreeing to the resolution. perience discrimination in all aspects of a long way in making sure people with Mr. LEVIN. I ask for the yeas and their everyday lives—in employment, hous- disabilities are able to participate in nays. ing, public accommodations, education, American society. We see people in res- The PRESIDING OFFICER. Is there a transportation, communication, recreation, taurants, traveling, in theaters and sufficient second? voting, and access to public services; sports arenas, people with jobs, people There is a sufficient second. Whereas prior to the passage of the Ameri- going to school, people becoming law- The clerk will call the roll. cans with Disabilities Act, individuals with yers and doctors and everything else, The assistant Journal clerk called disabilities often were the subject of stereo- regardless of their disability, and it is the roll. types and prejudices that did not reflect their abilities, talents, and eagerness to fully Mr. MCCONNELL. The following Sen- a wonderful thing for our country. It contribute to our society and economy; has made us a better, richer, and fairer ators are necessarily absent: the Sen- Whereas the dedicated efforts of disability country. ator from Utah (Mr. BENNETT), the rights advocates, such as Justin Dart, Jr. We only have one other thing that we Senator from Georgia (Mr. CHAMBLISS), and others too numerous to mention, served have to do. We have to make sure peo- the Senator from Mississippi (Mr. to awaken Congress and the American people ple with disabilities have personal at- COCHRAN), the Senator from Idaho (Mr. to the discrimination and prejudice faced by tendant services so they can go to CRAIG), the Senator from Tennessee individuals with disabilities; work. Right now, 15 years after the (Mr. FRIST), the Senator from Arizona Whereas Congress worked in a bipartisan manner to craft legislation making such dis- Americans with Disabilities Act, over (Mr. KYL), the Senator from Florida crimination illegal and opening doors of op- 60 percent of people with disabilities (Mr. MARTINEZ), and the Senator from portunity to individuals with disabilities; are unemployed, no job. Many of them Pennsylvania (Mr. SANTORUM). Whereas Congress passed the Americans can have a job if they just have some Mr. DURBIN. I announce that the with Disabilities Act and President George personal attendant services to help Senator from Indiana (Mr. BAYH), the Herbert Walker Bush signed the Act into law them get going in the morning or help Senator from Delaware (Mr. BIDEN), on July 26, 1990; them at night, maybe help them on the Senator from New Jersey (Mr. Whereas the Americans with Disabilities their job. As taxpayers we know this CORZINE), the Senator from Massachu- Act pledged to fulfill the Nation’s goals of equality of opportunity, economic self-suffi- will cost us less money than institu- setts (Mr. KENNEDY), and the Senator ciency, full participation, and independent tionalizing people, and it will make from West Virginia (Mr. ROCKEFELLER), living for individuals with disabilities; their lives and our lives better. are necessarily absent. Whereas the Americans with Disabilities One final thought. As chairman of The PRESIDING OFFICER (Mr. Act prohibited employers from discrimi- the Disability Policy Subcommittee, I CORNYN). Is there any Senator in the nating against qualified individuals with dis- brought the Americans with Disabil- Chamber desiring to vote? abilities, required that State and local gov- ities Act to the floor in 1990. Right The result was announced—yeas 87, ernmental entities accommodate qualified after it was passed, I spoke in sign lan- nays 0, as follows: individuals with disabilities, encouraged places of public accommodation to take rea- guage from this desk down here about [Rollcall Vote No. 201 Leg.] what this would mean for people like sonable steps to make their goods and serv- YEAS—87 ices accessible to individuals with disabil- my brother Frank who was deaf. So I Akaka Dorgan McConnell ities, and required that new trains and buses will close my remarks today by using Alexander Durbin Mikulski be accessible; another sign. I will not speak at all in Allard Ensign Murkowski Whereas since 1990, the Americans with sign language, but I would like to close Allen Enzi Murray Disabilities Act has played an historic role Baucus Feingold Nelson (FL) by saying that there is a wonderful Bingaman Feinstein Nelson (NE) in allowing some 54,000,000 Americans with sign—see, sign language is very expres- Bond Graham Obama disabilities to participate more fully in our sive. There is a wonderful sign in sign Boxer Grassley Pryor national life by removing barriers in employ- language for ‘‘America.’’ I am going to Brownback Gregg Reed ment, transportation, public services, tele- Bunning Hagel Reid communications, and public accommoda- teach it right now to Senators who are Burns Harkin Roberts tions; watching. The sign for ‘‘America’’ in Burr Hatch Salazar Whereas accommodations such as curb sign language is where one puts all of Byrd Hutchison Sarbanes Cantwell Inhofe Schumer cuts, ramps, accessible trains and buses, ac- their fingers together like this, inter- Carper Inouye Sessions cessible stadiums, accessible telecommuni- twined, and makes a circle. That is the Chafee Isakson Shelby cations, and accessible Web sites have be- sign for America, all of the fingers Clinton Jeffords Smith come commonplace since passage of the Coburn Johnson Snowe Americans with Disabilities Act, benefitting intertwined, one family in a closed cir- Coleman Kerry Specter cle. It is a beautiful sign. It really ex- not only individuals with disabilities but all Collins Kohl Stabenow Americans; and Conrad Landrieu Stevens presses volumes about America. Whereas the Americans with Disabilities Fifteen years ago, not all of those Cornyn Lautenberg Sununu Crapo Leahy Talent Act is our Nation’s landmark civil rights leg- fingers were there. People with disabil- Dayton Levin Thomas islation for people with disabilities: Now, ities were not part of that family. Now DeMint Lieberman Thune therefore, be it they are. So our family in America is DeWine Lincoln Vitter Resolved, That the Senate— Dodd Lott Voinovich (1) recognizes and honors the 15th anniver- more complete, the circle is more com- Dole Lugar Warner plete because of the Americans with sary of the enactment of the Americans with Domenici McCain Wyden Disabilities Act of 1990; Disabilities Act. For centuries they NOT VOTING—13 (2) salutes all people whose efforts contrib- were excluded. People were excluded Bayh Corzine Martinez uted to the enactment of such Act; and from our family. Now they are a part of Bennett Craig Rockefeller (3) encourages all Americans to celebrate our family, and it has made us a better, Biden Frist Santorum the advance of freedom and the opening of fairer, and richer country. Chambliss Kennedy opportunity made possible by the enactment So I hope all Senators will give a Cochran Kyl of such Act. strong vote of approval to this resolu- The resolution (S. Res. 207) was The PRESIDING OFFICER. The Sen- tion; one, to recognize the advances agreed to. ator from Virginia.

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.069 S25JYPT1 S8806 CONGRESSIONAL RECORD — SENATE July 25, 2005 NATIONAL DEFENSE AUTHORIZA- eligible for retirement were to retire youth. Every time we see a group such TION ACT FOR FISCAL YEAR next year, we could have a 50-percent as the Boy Scouts that will teach char- 2006—Continued reduction in this force. acter and take care of community, we Mr. WARNER. Mr. President, my un- As a means to recruit and retain es- ought to do everything we can to pro- derstanding is that the Senate now re- sential specialties vital to maintaining mote it. turns to the Defense authorization bill. the military’s readiness, the military Last Saturday, over 40,000 Boy Is that the pending business? offers a variety of special pay programs Scouts from around the Nation and the The PRESIDING OFFICER. The Sen- to supplement a specialist’s base pay world met at Fort A.P. Hill in Virginia ator is correct. and to help close the military-civilian for the National Boy Scout Jamboree. The Senator from Texas. pay gap. One such special pay program This event provides a unique oppor- is known as incentive special pay. tunity for the military and civilian AMENDMENT NO. 1477 Available to medical personnel, incen- communities to help our young men Mrs. HUTCHISON. Mr. President, I tive special pay is a yearly bonus that gain a greater understanding of patri- call up amendment No. 1477 and ask for is designed to bring the salaries of otism, comradeship, and confidence. its immediate consideration. military specialists into closer line Since the first jamboree was held at The PRESIDING OFFICER. Without with civilian specialists. Although it the base of the Washington Monument objection, the pending amendment is doesn’t get there, it does help. Applied in 1937, more than 600,000 Scouts and laid aside. The clerk will report the at different levels based on medical leaders have participated in the na- amendment. specialties, wartime role, and reten- tional event. I attended the Jamboree The legislative clerk read as follows: tion, incentive special pay ranges from at Valley Forge in 1957. Boy Scouts has The Senator from Texas [Mrs. HUTCHISON] proposes an amendment numbered 1477. now between $12,000 for pediatrics to been a part of my education. I am an Mrs. HUTCHISON. Mr. President, I $36,000 for trauma surgery specialists. Eagle Scout. I am pleased to say my ask unanimous consent that reading of Ear, nose, and throat specialists, the son was in Scouts. He is an Eagle the amendment be dispensed with. most comparable medical personnel to Scout. Boy Scouts is an education. It is The PRESIDING OFFICER. Without oral surgeons, are eligible for incentive an education of possibilities for ca- objection, it is so ordered. special pay around $30,000. reers. I can think of no substitution for The amendment is as follows: Although oral surgeons stand the the 6 million boys in Scouts and the same facial trauma watches as ear, millions who have preceded them. (Purpose: To make oral and maxillofacial surgeons eligible for special pay for Re- nose, and throat specialists and provide There are dozens on both sides of the serve health professionals in critically the same critical head and neck trau- aisle who have been Boy Scouts. I say short wartime specialties) ma care as ENTs, they are not eligible it is part of my education because each At the end of subtitle B of title VI, add the for incentive special pay. Often serving of the merit badges that is earned is an following: as the only head and neck specialist on education. I tell school kids, as I go SEC. 624. ELIGIBILITY OF ORAL AND MAXILLO- aircraft carriers and smaller hospitals, across my State and the country, that FACIAL SURGEONS FOR SPECIAL our oral and maxillofacial surgeons are even though at times I took courses or PAY FOR RESERVE HEALTH PROFES- providing essential services for our merit badges or programs that I didn’t SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES. troops in combat, services we cannot see where I would have any use for (a) IN GENERAL.—Section 302g(b) of title 37, afford to lose. them, I later wished I had paid more United States Code, is amended by inserting Today, I ask my colleagues to join attention at the time I was doing it. ‘‘, including oral and maxillorfacial sur- me in recognizing the important and I always liked the merit badge pam- gery,’’ after ‘‘in a health profession’’. necessary role that oral surgeons are phlet on my desk called entrepreneur- (b) EFFECTIVE DATE.—The amendment providing our military by making ship. It is the hardest merit badge in made by subsection (a) shall take effect on these surgeons eligible for incentive Boy Scouts. It is also one of the most October 1, 2005. special pay. We can’t allow the pay dis- important ones. I do believe that small Mrs. HUTCHISON. Mr. President, parity between military and civilian business is the future of our country. this is a very simple amendment, and oral surgeons to become so substantial Scouts promote small business through it is going to add one more category to that these necessary specialists retire the entrepreneurship merit badge. Why those who will be able to receive spe- from the service or resign their com- would it be the toughest to get? Not cial incentive pay for signing up to missions to be in private practice. I only do you have to figure out a prod- come in to serve our military in the urge my colleagues to join me in allow- uct or a service, not only do you have medical field. This field is oral surgery. ing oral surgeons in uniform who are to do a business plan, not only do you Those who are deployed in Iraq and Af- providing critical trauma services for have to find financing, the toughest re- ghanistan and other military theaters our troops in the war on terror to be el- quirement is the final requirement, and have critical needs for oral surgery. igible for incentive special pay just as that is that you actually have to start Complex facial trauma comes with bat- many other medical specialties are. the business. tlefield injuries. I yield the floor. I could go on and on through the list In addition to being on the ground in The PRESIDING OFFICER. The Sen- of merit badges required in order to get mobile surgical hospital units, oral ator from Virginia. an eagle badge. There are millions of surgeons are serving on every aircraft Mr. WARNER. I know the Senator boys in this country who are doing that carrier to provide essential facial re- from Wyoming desires to address the and will be doing that. They do need construction and trauma care. These Senate. places to meet. They are being dis- surgeons are indispensable military I yield the floor. criminated against. They are being personnel who provide a unique and AMENDMENT NO. 1342 told they cannot use military facilities necessary role in caring for our troops. The PRESIDING OFFICER. The Sen- even for their national jamboree. That Unfortunately, this valuable role is ator from Wyoming. is a tradition. These jamborees become being threatened by an ever-widening Mr. ENZI. Mr. President, I rise in a great American tradition for our compensation gap between military support of amendment No. 1342, the young people, and Fort A.P. Hill has and civilian pay and the unlimited Support Our Scouts Act offered by my been made the permanent site of the practice opportunities that oral sur- distinguished colleague from Ten- gatherings. But now the courts are try- geons have in the civilian market. nessee, Senator FRIST. The amendment ing to say that this is unconstitu- With a historical retention rate of 85 was intended to be simple and straight- tional. It isn’t just military facilities, percent, a loss of 15 percent, recent sta- forward in its purpose to ensure the it is Federal facilities. tistics predict the current retention Department of Defense can continue to A couple of years ago, we had an op- rate for oral surgeons is closer to only support youth organizations, including portunity to debate this on the Senate 75 percent. Even more concerning, the Boy Scouts of America, without floor. It had to do with the Smithso- many of our military’s oral surgeons fear of frivolous lawsuits. The dollars nian. Some Boy Scouts requested that are senior officers who could retire at that are being spent on litigation they be able to get their Eagle Scout any time. In fact, if all oral surgeons ought to be spent on programs for Court of Honor at the National Zoo.

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.072 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8807 They were denied. Why? The deter- out who harmed them and get money Mr. ENZI. I thank the Senator. mination by the legal staff of the for doing that. It has had some difficul- Mr. WARNER. Mr. President, we are Smithsonian that Scouts discriminate ties through the Boy Scouts. I remem- still on the bill and speakers are com- because of their support for and en- ber when my son was in Scouts, their ing to the Senate floor. couragement for the spiritual life of annual fundraiser was selling Christ- At this time, I suggest the absence of their members. Specifically, they em- mas trees. One of the requirements a quorum. brace the concept that the universe when we were selling Christmas trees The PRESIDING OFFICER. The was created by a supreme being, al- was that the boys selling the trees at clerk will call the roll. though we surely point out Scouts do the lot had to be accompanied by two The assistant legislative clerk pro- not endorse or require a single belief or adults not from the same family. I ceeded to call the roll. any particular faith’s God. The mere didn’t understand why we needed all of Mr. LOTT. Mr. President, I ask unan- fact they ask you to believe in and try this adult supervision. It seemed as if imous consent that the order for the to foster a relationship with a supreme one adult helping out on the lot would quorum call be rescinded. being who created the universe was be sufficient. The answer was, they The PRESIDING OFFICER. Without enough to disqualify them. have been sued because if there is only objection, it is so ordered. I read that portion of the letter one adult there and that adult is ac- Mr. LOTT. Mr. President, parliamen- twice. I had just visited the National cused of abusing boys, they get sued. tary inquiry: What is the pending busi- Archives and read the original docu- So two adults provides some assur- ness? Are we now on an amendment? ment signed by our Founding Fathers. ance that they won’t get sued. The in- The PRESIDING OFFICER. We are It is a good thing they weren’t asked to teresting thing is, it was just me and on amendment No. 1477. sign the Declaration of Independence my son. We still had to have another Mr. LOTT. Further parliamentary in- at the National Zoo. adult in order to keep the Boy Scouts quiry: Are we in a position where we This happens in schools across the from being sued. They run into some can discuss any amendment that has country. Other requests have been de- other difficulties with car caravans. been offered and has been set aside? nied. They were also told they were not So the legal system of this country For instance, amendment No. 1389 by relevant to the National Zoo. That is a has put them in the position where Senator THUNE? kind of fascinating experiment in they are doing some of the things that The PRESIDING OFFICER. It is in words. I did look to see what other they are doing. The legal system of order to discuss any amendment at this sorts of things have been done there this country has caused some of the time. and found that they had a Washington discrimination that is done. It is some- Mr. WARNER. Mr. President, the Singers musical concert and the Wash- thing we need to correct. Senator is free to go. He spoke with ington premiers for both the Lion King This discussion of the Frist amend- me. It is an important element before and Batman. Clearly, relevance was ment is timely. U.S. District Judge the Senate. The general subject is Blanche Manning recently ruled that not a determining factor in those deci- BRAC. the Pentagon could no longer spend sions, but it was in the Boy Scouts de- AMENDMENT NO. 1389 Government money to ready Fort A.P. cision. Mr. LOTT. Mr. President, I thank the The Boy Scouts of America has done Hill for the National Boy Scouts Jam- chairman, Mr. WARNER, the Senator some particular things in conservation boree. The Frist amendment would en- from Virginia. I wanted to begin by that are important, in conservation sure that our free speech protections congratulating him and Senator LEVIN tied in with the zoo. In fact, the found- would also apply to the Boy Scouts of for the bill they have produced from America. er of the National Zoo was Dr. William the Senate Armed Services Committee. The Boy Scouts of America is one of Hornaday. He is one of the people who I, frankly, had my doubts that we were the oldest and largest youth organiza- was involved in some of the special going to be able to get the bill up at tions in the United States and the this time in a way that would have mo- conservation movements and has one world today. The organization teaches mentum and would get through to pas- of the conservation badges of Scouts its members to do their duty to God, to sage. I think they have succeeded in named for him. love their country, and to serve their If the situations did not arise, this doing that. The atmosphere is such fellow citizens. The Boy Scouts of amendment would not come up. But that I believe we will pass the Defense America has formed the minds and they do. In 2001, I worked with Senator authorization bill. hearts of millions of Americans and As the Senator from Virginia knows, Helms to pass a similar amendment re- prepared these boys and young men for I always made a window for him, when quiring that the Boy Scouts be treated the challenges they are sure to face the I had the opportunity to make that fairly, as any other organization, in rest of their lives. It is an essential call. Sometimes it took 2 weeks. Some- their efforts to hold meetings on public part of America. school grounds. This amendment clari- I urge my colleagues to join me in de- times we put it up against a recess. fied the difference between support and fending the Boy Scouts from constitu- Sometimes we put it together with De- discrimination. It has been successful tional discrimination by supporting fense appropriations. But it is of a high in preventing future unnecessary law- the Frist amendment. priority, and I would be delighted if I suits. The Frist amendment is similar The PRESIDING OFFICER. The Sen- could see us pass this bill in an orderly to the Helms amendment and will help ator from Virginia. fashion this week. prevent future confusion. Mr. WARNER. Mr. President, before Mr. WARNER. Mr. President, I thank Again and again, the Scouts have had my distinguished colleague leaves the the distinguished leader. The Senator to use the courts to assure they were floor, I regret to say that I just got a forgot the one time it was 5 weeks, but not discriminated against. I am pretty call from the Department of Defense in we got there. sure everyone in America recognizes which I was advised that at the jam- Mr. LOTT. We did. I think the atmos- that if you have to use the courts to boree being held just a short distance phere is different now. The Senator un- get your rights to use school buildings, down 95 in Virginia, a power line col- derstands and the American people un- military bases, or other facilities, it lapsed, and at the moment there is one derstand that we are at war, and ter- costs money. It costs time. This deceased and five critically injured and rorism is a very serious threat. We can- amendment eliminates that cost and an assortment of other problems asso- not expect homeland security and our eliminates that time to allow all na- ciated with this. law enforcement agencies to do the job tionally recognized youth organiza- So I am delighted that you gave that alone. This is broader than that. We tions to have the same rights. speech. I am a cosponsor of the bill. I have to have a defense that is prepared The legal system is very important, support it. I was a Scout myself, and I to do the job at home and overseas. but it has some interesting repercus- got a lot out of it. I think we ought to Certainly, we have called on our Na- sions. Our system of lawsuits, which close this set of remarks out by offer- tional Guard and Reserve to fill in, and sometimes is called the legal lottery of ing our prayers and hearts and minds they are doing a wonderful job. We the country, allows people who think to this tragic accident that occurred an have to provide the additional author- they have been harmed to try to point hour or so ago. I thank my colleague. ization necessary to get the funds so

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.074 S25JYPT1 S8808 CONGRESSIONAL RECORD — SENATE July 25, 2005 our men and women can continue to do don’t agree with what you are trying to ing that heavy unit back from Europe? the fine job they have done. do, and I am absolutely going to vote Where are we going to put them? I thank the Senator for his coopera- against it. But if I were you, this is Where are the spouses going to live? tion on amendments that have been ac- how I would do it.’’ He did it, and it led What are the quality of life facilities? cepted and the language in the bill. I to this BRAC process. Congressman In some instances, they won’t be there. served on the Armed Services Com- Dick Armey from Texas went on to be This BRAC, in my opinion, is set up to mittee for a few years—I believe 61⁄2 majority leader. be worse than all the previous rounds. years. I enjoyed it very much. I always I voted against BRAC every time. Senator THUNE has done a very had a real interest in this area. I am Some people say: Wait a minute, you thoughtful job. He has allowed the happy to be on the Intelligence Com- are just protecting your own bases; you process to go forward to a point where mittee now. I am obviously interested are troubled because of bases in your he will then put it on hold until some in shipbuilding because of what it own State. Not true. Not a single base very important things are done. means to not only my hometown and has been closed in my State in these The conditions that have to be met: my State but to our country, the Navy, rounds. Contrary to popular opinion, First, complete analysis and imple- and a lot of other issues you have ad- we don’t have a whole lot of bases. We mentation of recommendations from dressed for our military. have been through every round, and we the Overseas Basing Commission. We I am worried about what we are hav- have been fortunate. The commissions have been talking about this, and we ing to expend and how we are having to have decided not to go forward with are planning on doing it. We are going expend things now because we have closing those bases. So it is not that I to have realignment of where our units certain demands in Afghanistan and have a grudge or that I am angry at are based in Europe. We are going to Iraq for the Army and the Marines. I anybody. I don’t like the process, No. 1. bring some units home, perhaps some am concerned that in 5 or 10 years, we No. 2, this amendment doesn’t kill heavy units. We are going to have to will need to have a military that can the process. It allows the Commission bring them somewhere. We need to address new and emerging threats. I to finish their independent and impor- know what that is and where we are think that is part of what this bill is tant work and forward the rec- going to put them. about—to try to begin to address some ommendations to the President. Second, submission of the Quadren- nial Defense Review by the DOD to the of those issues. I look forward to work- The amendment permits the Presi- Congress, and that will be completed ing with the Senator. dent to submit a set of recommenda- before very long—I think this coming I rise in support of Senator THUNE’s tions to the Congress. At that point, amendment No. 1389, which would defer the Congress would hold the Presi- winter. Why don’t we wait until we see Congress’s consideration of closure and dent’s recommendations in abeyance, what the needs and the plans are for realignment recommendations that the pending completion of several require- the future? It would not cause an inor- President will forward to the Congress ments that are critical to achieving a dinate delay for that in itself. The next condition is that we com- this coming fall. This is not a new posi- fully informed interagency perspective plete deployment and implementation tion for me. I have always been opposed of our basing requirements. by the Department of Defense and De- Here is my problem with BRAC this to the Base Realignment and Closure partment of Homeland Security of the time. I don’t like the process, No. 1. Commission process. I generally don’t national maritime security strategy No. 2, I think the timing could not be like commissions. I have spoken and the homeland defense and civil worse. At a time when we are in war in against them on a number of subjects support directive. It would have to be Iraq and, of course, have been and are on the Senate floor. I probably will held until we get a submission of a re- still exposed in Afghanistan, a war on again before the week is out. I think port by the DOD to Congress to assess terror, with communities all over that is what we were hired to do. That military installation needs in view of is our job. America having to cope with Reserve the Overseas Basing Commission, re- I get nervous sometimes that from and Guard units from all of our States turning troops, QDR, national mari- Social Security, to tax policy, to de- there on extended tours in Iraq, Af- time strategy, and the homeland detainees policy, to intelligence, we basi- ghanistan, or in the region, it has had fense and civil support directive. cally say: Well, we cannot do the job, an impact on communities. They are And return of substantially all troops so let a commission give us advice already stressed, and they are asking from Iraq. We need to weigh the impact here. A commission can do it for us. themselves, What next? Now you are of what is going on in Iraq, when they Our attitude is see no evil, hear no evil, going to come in and close my Air will be coming home, and where they speak no evil, save us. But doing that Guard unit or this hospital or you are are going. difficult work is our job. going to do this or that. The timing So those are the factors that would Up until recent years, we did our job could not be worse. That is the second have to be considered before the Con- and it worked. After World War II and problem. gress could actually act on the present Korea, certainly as the chairman Next is I think this particular proc- recommendations. knows, we closed bases in his State and ess, the way it is set up by the Pen- When the Department of Defense re- mine. I can take you around Mis- tagon, is a lot less reassuring and leased its BRAC recommendations last sissippi and show you those bases that messier and more unreliable than the May, it was very evident that many of were closed. How was it done? The Pen- previous BRAC rounds have been. They the recommendations were flawed and tagon assessed their needs, recognized have made significant mistakes. At a developed in a vacuum. Their rec- the fact that we were not on war foot- time, also, when we are looking at ommendations did not consider the im- ing, and we had to begin to close some overseas alignment, talking about ref- pact on other agencies, such as the De- of those airbases in Greenwood, MS, ormation, I have serious questions partment of Homeland Security or the and in Mobile, AL, and make difficult about some of the Pentagon’s reforma- Veterans’ Administration. recommendations, and Congress con- tion plans. The Department of Defense did not sidered it and dealt with it. We did our So in instance after instance, I think even involve the Governors of States job. Now we are in the fifth BRAC we are making a mistake here. It is that would be affected by recommenda- round, or something like that. I have going to have huge negative ramifica- tions concerning Air National Guard opposed every one of them. tions, and I think we are going to wake units. The Air Guard is under the Gov- One day, I was walking up to the up later and find out, wait a minute ernors. I don’t know how they missed floor of the House of Representatives here, we didn’t evaluate the impact of that turf. More than one counsel has and this young Congressman from the reduction of military medical serv- advised the BRAC Commission that Texas named Dick Armey came up to ices and what it means in the local they cannot willy-nilly go in there and me as a member of the Rules Com- communities. The local communities say they are shutting down this Air mittee and said, ‘‘I got this idea and I may not be able to absorb that addi- Guard unit. The Governor is going to want you to talk to me about how I get tional service. Who is going to serve have some say in that. it through the Rules Committee.’’ He these military men and women? Or, I, along with many of my Senate col- would remember this. I told him, ‘‘I wait a minute, you mean we are bring- leagues, was also alarmed that DOD

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.075 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8809 used transformational options in lieu DOD’s proposal to the BRAC Com- So if we are not willing to stop this of military value as the framework for mission would mean we would not have flawed process in its tracks, let’s do many of the recommendations. Even a single naval port between the east the next best thing. Senator THUNE’s distinguished Chairman WARNER noted coast of Florida at Mayport, FL, to amendment is a workable compromise. in his testimony before the BRAC Com- San Diego. It is all sitting there, a vast It gives breathing room to take a larg- mission, ‘‘A number of the Depart- gulf with all kinds of sealanes and po- er view to consider our basing requirement’s recommendations’’ deviate sub- tential threats and future dangerous ments in a global fashion and across all stantially from the BRAC legislative areas. But DoD says no presence at all affected agencies. The distinguished requirements in three important areas. is ok; that causes me a great deal of Senators from Virginia and Michigan First, certain recommendations were justi- concern. have both said that we do need to close fied by factors and priorities other than the Even if DOD’s work had been perfect, unneeded bases. I agree with that. I am selection criteria in violation of section we should not be closing bases at home not unrealistic. I know different times 2914(f) [of the base closure law]; if we are engaged in armed conflict call for different things. I know we Two, certain recommendations were based overseas. It is not fair to the families on data that was not certified as required by have some duplication and overlapping, section 2903 [of the BRAC law]; of our service men and women who and we can have more efficiencies and Three, certain recommendations did not have to endure the uncertainty of we can consolidate. contain accurate assessments of the costs where they will live and where their I do know we are trying to change and savings to be incurred by the Depart- children will go to school. our forces to deal with where the chal- ment of Defense and other Federal agencies Closing bases right now is also detri- lenges may be, where our forces are as required by section 2913(e) [of the BRAC mental to our war-fighting ability. The law]. more light, more mobile, and Overseas Basing Commission has al- prepositioned. The problem is that The experience in my own State of ready noted that ‘‘ . . . to launch major many of the recommendations of the Mississippi in looking at the installa- realignments of bases and unit configu- BRAC undermine the construct of tions was similar to what the great rations at a time when we are in the lighter and more mobile and State of Virginia obviously observed midst of two major conflicts takes us prepositioned. They do not mesh with and experienced: that DOD rec- to the edge of our capabilities.’’ what we are saying we should do here, ommendations were not based in fact The Overseas Basing Commission and what we are saying we do should do and analysis was faulty. For example, also expressed concern that the domes- in reformation does not fit with mak- for Keesler Hospital at Keesler Air tic BRAC is disconnected from the pro- Force Base, the cost for admitting pa- ing our troops lighter and more mobile posed closure of overseas bases, and and prepositioned. Let’s not ride a tients was underestimated by over DOD’s budget is woefully inadequate to $2,000 per patient. A math error de- flawed process into oblivion. I urge my implement necessary changes. These colleagues to support Senator THUNE’s creased the military value by 20 per- are some of the Commission’s rec- cent, and the Department of Defense amendment so that we, the Congress, ommendations: can make an informed decision when ignored the fact that local VA facili- . . . adequate strategic sealift, airlift, and ties and community hospitals have we are asked to vote on the merits of prepositioned equipment and stocks do not closing domestic bases. I think we will no—none—no excess capability. exist . . . Where are these military men and feel better about it. And— I realize perhaps the die is cast. I women going to go? It is a problem, it budgetary plans for mobility assets are inad- is a big problem for the local commu- tried last year with an amendment to equate to meet projected lift demand— defer it for a couple of years. We got, I nity and, more importantly, for the When forces return from overseas. military men and women who deserve think, 44 votes or close to that. A cou- We [intend to] reposition tens of thousands quality health care. ple votes who were absent, and we got of family members to localities that have close. In retrospect, that was the key Let me get even more simply to the not been given adequate time or budget to statement of what happened. In one prepare for their proper reception . . . vote. The opposition was effective, and military value critical category, for . . . DOD estimates the implementation of they won the day. And we have moved some reason they gave this category [global basing changes] to be between $9 bil- forward. I don’t think we can turn back almost a zero rating. When they actu- lion and $12 billion with only about $4 billion that clock, but I do think we can take ally went back at our urging, they said currently budgeted in fiscal years 2006 a pause. We can take some time to see that obviously a mistake was made, through 2011. if certain things are considered before and that should have been an 11 mili- If it was just up to me, I would vote we actually pull this trigger and make tary value points instead of a zero. It to kill this process right now. I have some changes that we may regret. moved that installation up 44 places. never liked it. I must admit, I have Mr. WARNER. Mr. President, if my Little error? Big error. fought it three times in the Senate and distinguished leader would enter into a There is a lot more embedded in this was almost able to kill it one of those little discussion with me, the Thune than we have been able to dig out even times. It is an abrogation of Congress’s amendment, to which he has referred yet. Regarding the Navy Personnel responsibility to oversee basing and, if in his remarks, apparently has been Center at Stennis Space Center, DOD necessary, to close excess bases. modified in a way that I wish to advise mistakenly assumed that the building DOD insisted on doing its BRAC as- the Senate on this modification, as I was a commercially leased property sessment in a vacuum. We tried to fol- read it. It is extraordinary. with no security perimeter. It is not. low what was going on. We could not The concept of BRAC only works if The personnel center is on a secure get the answers. But we, the Congress, the President decides on the block of compound owned and operated by are obligated to the American people closures and sends it to the Congress to NASA and is the model of interagency to take a larger perspective. vote it up or down en bloc. cooperation. Just a little detail there. Commissioner Principi and the entire As I read this and I just read it for We have this huge buffer zone. It is a BRAC Commission are doing a good the first time a few minutes ago I draw totally secure facility, and they missed job. They are doing honorable work your attention to the page I handed the that little point. right now to try to fix some of the fun- Senator from Mississippi. It says as fol- For Pascagoula Naval Station, DOD damental flaws in DOD’s set of rec- lows: proposed to abandon a naval presence ommendations. I want to make it In the heading by striking ‘‘congres- for 35 percent of our Nation’s coastline, clear, it is not that I don’t have con- sional disapproval’’ and inserting ‘‘con- leaving unprotected over 30 percent of fidence in the chairman and the Com- gressional action.’’ In subparagraph A, this Nation’s gas and oil reserves, 60 mission. I do. I think they are a good by striking ‘‘the date on which the percent of our trade sealanes, and 14 of quality group. But even the Commis- President transmits such report’’ and America’s largest 23 ports. But just 3 sion can only do so much. The Commis- inserting ‘‘the date by which the Presi- weeks ago, the Department of Defense sion is bound by a set of legal con- dent is required to transmit such re- issued a new policy stating that de- straints that did not anticipate DOD port,’’ and subparagraph B, by striking fense of the homeland is their new No. recommendations would deviate from ‘‘such report is transmitted’’ and in- 1 priority. the laws so substantially. serting ‘‘such report as required’’—all

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.077 S25JYPT1 S8810 CONGRESSIONAL RECORD — SENATE July 25, 2005 this gets down to the following: that predisposition is to be very hesitant Mr. LEVIN. I thank my good friend the Secretary may not carry out any about that. from Virginia. I think Senator GRAHAM closure or realignment—that is any of Mr. WARNER. Mr. President, I thank was actually part of a UC. the number on the whole list, any of my distinguished leader. I cannot re- Mr. WARNER. It is a part of the them: member how many years he was in the RECORD. The Secretary may not carry out any clo- House and how many years he has been Mr. LEVIN. Right. So he has the sure or realignment recommended by the in the Senate, but I have only been right to go next. Commission report transmitted by the Presi- here 27. I would ask, if it is convenient for dent pursuant to section 2903 if a rec- Mr. LOTT. So long my memory has the Senator from Florida, that after ommendation for such closure or realign- faded to the point I can’t remember. Senator GRAHAM, I will ask unanimous ment is specified as discussed by Congress in Mr. WARNER. If he had something consent that the Senator from Florida a joint resolution partially disapproving the such as this on the roll, he would have be recognized to introduce his amend- recommendations of the Commission that is a challenge—— enacted before the earlier of. . . . ment at that time. I wonder if we could Mr. LOTT. I think, if we should start find out from Senator GRAHAM about It seems to me, as I read this, Con- to cherry-pick from this list or any list gress can now go in and cherry-pick how long he expects to be. at this time, it would not be very wise. Mr. GRAHAM. Less than 10 minutes. base after base and pass a resolution to Mr. WARNER. Give them the benefit Mr. WARNER. Mr. President, might I take it out. of the doubt to find out, but this is at suggest that we take 15, and I would Mr. LOTT. Mr. President, if the Sen- the desk right now. This is the moving like to have 5 of those minutes. ator would allow me to ask, is this a target on this BRAC. I am strongly in Mr. GRAHAM. Fifteen minutes, and modification of the Thune amendment? favor of the current BRAC law being the Senator from Virginia can have 5; Is this the Thune amendment? This implemented as it is written in the yes, sir. sounds similar to an amendment I law, not deviating in any way. I cannot Mr. LEVIN. Then I would make in- heard discussed earlier as maybe one accept the delay, I say to my distin- quiry also from my friend from Vir- that was being suggested or considered guished leader, because there are too ginia. I understand that the Republican by Senator COLLINS. It is not clear to many communities burdened by all the TV monitor has already indicated no me. expenses of lobbyists, and so forth, and votes tonight. Is that correct? Mr. WARNER. If I may inquire at the the uncertainty that would throw onto Mr. WARNER. I am not aware of desk, was there not a modification put the business community not knowing, that. I have been on the floor. I know in by Senator COLLINS this morning, with the Thune amendment, for maybe that we checked with the Senator’s three amendments, and among them another 2 years whether they are going side and there was some doubt as to The PRESIDING OFFICER. The Sen- to stay open. whether there could be votes. ator from Maine called up three Mr. LOTT. I certainly agree with Mr. LEVIN. If we could work out amendments on behalf of the Senator that argument. I have a problem with votes, we were willing to do that, but I from South Dakota, Mr. THUNE. None why these communities and States think it is becoming clear that is not of the amendments have been modified. have had to spend a lot of money on it. going to happen. Mr. LOTT. That is an important I thought that is what we were for. Mr. WARNER. In fairness to our col- point, I say to the Senator from Vir- Having said that, if you gave a lot of leagues, let us clear that up in the ginia. That is not my understanding of them a choice—have your base closed course of the debate on the amendment the Thune amendment. If a modifica- or delay it for 2 years—I think I know of the Senator from South Carolina. tion along these lines were added to what the answer would be: Give me 2 Might I ask from the Senator from the Thune amendment, I would have more years to deal with the demands of Florida how much time he would like? some reservations about that. I want this kind of choice. Mr. LEVIN. The Senator from Flor- to take a look at it. There have been instances where ida would need about how much time? Mr. WARNER. Let me point out, I these closures have taken place and the Mr. NELSON of Florida. At the Sen- say to my distinguished former leader, communities have done pretty well. ator’s great pleasure, 10 minutes. that the original Thune amendment The old Brookley Air Force Base in Mr. LEVIN. Whatever the Senator that was offered, I think, Thursday or Mobile, AL—talking about a State needs is fine. Then I would be offering Friday night and was the subject of a other then my own—recently won a two amendments, if that is agreeable detailed colloquy between myself and competition to assemble airbus air- with the Senator from Virginia. the distinguished Senator from South planes there. I think they are making Mr. WARNER. Absolutely. Dakota, is still at the desk, and then pretty good use of it. Mr. LEVIN. I will be introducing this amendment that I read to you is Mr. WARNER. Mr. President, I am them immediately following the Sen- the final paragraph in an amendment familiar with that. ator from Florida. which is identical in every way to the These communities could not begin The PRESIDING OFFICER. The Sen- one we discussed—Senator THUNE and to attract new business, could not get ator from South Carolina is recognized myself—on Thursday night. new capital. They would become al- under the previous order. With the exception of the last para- most stagnated not knowing which Mr. WARNER. Mr. President, I think graph in that amendment, it has been way that decision would go. I thank we had modified the previous order changed to read the same as this one. my distinguished leader for his partici- with a new UC whereby the Senator Mr. LOTT. Mr. President, I say to the pation in this debate. from South Carolina gets 15 minutes, 5 distinguished chairman of the com- Mr. LOTT. I yield the floor. minutes under the control of the Sen- mittee, I would want to take a good The PRESIDING OFFICER (Mr. ator from Virginia, and 10 under his look at the different amendments that THUNE). The Senator from Virginia. control, followed by the Senator from might be pending. I want to be sure I Mr. WARNER. Mr. President, if I Florida for 10 minutes. Am I not cor- understood any modification or change might advise the Senate, there was a rect? to Senator THUNE’s amendment. The UC in place whereby the Senator from The PRESIDING OFFICER. The Thune amendment, as I understand it South Carolina was to be recognized Chair would note that is correct. and as I described it in my remarks, is for the purpose of bringing an amend- Mr. WARNER. I yield the floor. an approach which I think is good. I ment to the attention of the Senate. The PRESIDING OFFICER. The Sen- think what the chairman is saying He has been patiently waiting some pe- ator from South Carolina. about the idea that Congress would riod of time. I would like to consult AMENDMENT NO. 1505, AS MODIFIED start cherry-picking at this point from with the distinguished Senator from Mr. GRAHAM. I ask unanimous con- this list, I have my sincere reserva- Michigan. I would like to give the Sen- sent at this time to set aside the pend- tions about that. That would be a ator from South Carolina the oppor- ing amendment and call up amendment messy thing to do without proper con- tunity to proceed, but I would like to No. 1505 and send it to the desk with a sideration. I would have a lot of res- be aware of what the needs of the Sen- modification. ervations about it. I would want to ator from Michigan are in regards to The PRESIDING OFFICER. Without hear what the sponsors have to say. My his side. objection, it is so ordered.

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.078 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8811 The clerk will report. that goes back to World War II where like enemy combatant status, military The legislative clerk read as follows: the Supreme Court, during World War commissions to try noncitizen foreign The Senator from South Carolina [Mr. II, coined the phrase ‘‘enemy combat- terrorists. The Government has won on GRAHAM], for himself, and Mr. MCCAIN, pro- ant’’ to deal with some German sabo- most of these cases. But enemy com- poses an amendment numbered 1505, as modi- teurs who were caught coming into batant status needs to be defined, in fied. America in civilian clothes, with a my opinion, by the Congress working Mr. GRAHAM. Mr. President, I ask plan to disrupt American life in the in conjunction with the administration unanimous consent that the reading of war operations. because courts will defer to a statute the amendment be dispensed with. These individuals—I think there were much quicker than it will defer to any- The PRESIDING OFFICER. Without seven of them—were tried by military thing else. objection, it is so ordered. tribunals. A couple of them were put to In one of these opinions, Justice The amendment is as follows: death. Some were given lengthy prison Scalia has been telling us that Con- At the end of subtitle G of title X, add the sentences. Then the Court recognized gress has been AWOL. Congress needs following: the concept of enemy combatant. to get involved. So this amendment al- SEC. 1073. AUTHORITY TO UTILIZE COMBATANT Fast forward 60 years. What do we lows the procedures in place at Guanta- STATUS REVIEW TRIBUNALS AND namo Bay to make the initial deter- ANNUAL REVIEW BOARD TO DETER- find? We find ourselves in a war with a MINE STATUS OF DETAINEES AT group of people who are not part of a mination, if one is an enemy combat- GUANTANAMO BAY, CUBA. state or a nation. They do not wear ant, to be authorized to be utilized by (a) AUTHORITY.—The President is author- uniforms. They are terrorists. They the President. Every year, a review is ized to utilize the Combatant Status Review hide among civilians. They cheat. They made of each person’s case. Every year Tribunals and a noticed Annual Review do anything one can imagine to have the Government has to come and show Board, and the procedures thereof as speci- that the enemy combatant status is fied in subsection (b), currently in operation their way. They do not abide by any international regimes. still justified, that the person who is at Guantanamo Bay, Cuba, in order to deter- being detained is not dangerous to us mine the status of the detainees held at When we capture these people, we or our allies, or they no longer have Guantanamo Bay, including whether any have made a decision as a nation to such detainee is a lawful enemy combatant house them at Guantanamo Bay, a any intelligence capability or intelligence value. At that point, they can or an unlawful enemy combatant. place run by the military. It has three be released. Two hundred and some- (b) PROCEDURES.— functions: To interrogate foreign ter- (1) IN GENERAL.—Except as provided in thing have been released. What we are rorists to get good information to paragraph (2), the procedures specified in trying to do with this amendment is to make sure that we are safer as a na- this subsection are those that were in effect get Congress involved in that process tion. Senator MCCAIN has an amend- in the Department of Defense for the conduct so that the courts will understand that ment to standardize the interrogation of the Combatant Status Review Tribunal Congress agrees with the concept of un- and the Annual Review Board on July 1, 2005. techniques. I think the country would lawful enemy combatant and that the (2) EXCEPTION.—The exceptions provided in be well served to have everything deal- review process in place is a good proc- this paragraph for the procedures specified in ing with unlawful and lawful combat- paragraph (1) are as follows: ess. I have made two changes. ants in separate categories. One, I have addressed the issue of (A) To the extent practicable, the Combat- We want the Geneva Conventions to ant Status Review Tribunal shall determine, using statements that are derived from by a preponderance of the evidence, whether apply to people who are under it. We do foreign interrogations. I do not think statements derived from persons held in for- not want the Geneva Conventions to anybody in this country wants our Na- eign custody were obtained without undue apply to terrorists. We want to do it tion to be using evidence that may be coercion. right. We want our troops to not be tainted by torture or undue coercion. (B) The Designated Civilian Official shall confused. Senator MCCAIN has an So I have a provision in there that says be an officer of the United States Govern- amendment that would basically allow ment whose appointment to office was made if a statement or information is used the Army Field Manual to be the one that comes from a foreign detention or by the President, by and with the advise and source of law to deal with both cat- consent of the Senate. a foreign interrogation, we have to egories, which would be a great benefit (3) MODIFICATION OF PROCEDURES.—The simply prove, where practical, that it President may modify the procedures and re- to the military and the country at is reliable, that it is not as a result of quirements set forth under paragraphs (1) large, in my opinion. coercion. The courts will appreciate and (2). Any modification of such procedures I have an amendment that gets Con- that, and I think the American public or requirements may not go into effect until gress involved for the first time. In a would appreciate that. 30 days after the date on which the President general way, the Congress authorized Second, we have a provision that the notifies the congressional defense commit- the President to go to war after 9/11. A releasing authority, the person who de- tees of the modification. lot has happened since then, some (c) DEFINITIONS.—In this section: cides if someone can be released, (1) The term ‘‘lawful enemy combatant’’ good, some bad. I think it is now time should be confirmed by the Senate. means person engaging in war or other for the Congress to weigh in on the Under Secretary England performs armed conflict against the United States or issues that affect this Nation in the that function right now, but I think it its allies on behalf of a state party to the Ge- war on terror. My amendment allows would be a good relationship to have neva Convention Relative to the Treatment Congress to define ‘‘unlawful enemy the Senate involved in picking that of Prisoners of War, dated August 12, 1949, combatant’’ in a very flexible way person who has the ultimate authority who meets the criteria of a prisoner of war similar to what is being used at Guan- to determine to let these people go be- under Article 4 of that Convention. tanamo Bay now. It incorporates the (2) The term ‘‘unlawful enemy combatant’’, cause 12 of them have gone back to the with respect to noncitizens of the United procedures that are used to classify fight. Some people who have been re- States, means a person (other than a person and review enemy combatant status. leased have gone back to the war. described in paragraph (1)) engaging in war, The way it works now, if the military Some people who have been picked other armed conflict, or hostile acts against or appropriate authority sends some- have probably been misidentified. the United States or its allies, or knowingly one to Guantanamo Bay, the first We are trying to get a procedure that supporting others so engaged, regardless of thing that happens is there is a review the courts will accept, that will be location. process where a determination will be good for the country, that will keep Mr. GRAHAM. Very quickly, I appre- made as to whether that person fits the terrorists off the battlefield, that ciate the patience of the Senator from definition of ‘‘unlawful enemy combat- would withstand legal scrutiny and live Florida and Chairman WARNER. ant.’’ We are codifying that procedure. up to the ideals of who we are. Mr. President, this amendment deals We are accepting most of it. We are If Congress will get involved and le- with the concept called unlawful tweaking the definition in line with gitimize unlawful enemy combatant enemy combatant, a concept being Supreme Court cases that have re- status, it will pay great dividends to used to detain about 500 people at viewed this whole subject matter. the operation at Guantanamo Bay be- Guantanamo Bay who have been cap- That is another point I would like to cause we will have the administration tured throughout the world, many of make. There are about five cases in and the Congress on the same sheet of them on battlefields. It is a concept Federal court now dealing with issues music and the courts will soon follow.

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.080 S25JYPT1 S8812 CONGRESSIONAL RECORD — SENATE July 25, 2005 My goal is to strengthen Guanta- of doing business. The lawyer require- are two groups of people we worry namo Bay, make sure that abuses in ment will be taken out and we will go about for two different reasons. One the past never occur again, have stand- back to the procedures that are in group I worry about is the Americans ardization of interrogation techniques place now. in charge of these detainees because we so our troops will not get in trouble so Right now, every unlawful enemy have all kinds of laws that we have that we can get good, reliable informa- combatant has a military representa- adopted, for 60 years, directing our peo- tion. The military commissions are on tive to help them make their case ple in how to treat folks who are cap- track to be approved by the Supreme about their status. We will not make tured—whether they are lawful or un- Court. We need a place to try these ter- that person a military judge advocate. lawful. We have had policy statements rorists for their crimes. If they are not I think it would help us in court, but I and directives that are at best incon- being tried, they need to be kept off do not believe it is that important. It sistent, that are all over the board, the battlefield. Enemy combatant sta- will pass muster with the courts in its floating out there in legal cyberspace. tus does that. We need due process current form, so that has been We are trying to put into one docu- rights. We are a nation of laws. This changed. ment, the Army Field Manual, the amendment incorporates the due proc- Mr. WARNER. Clearly, the unlawful rules of the road for both groups, law- ess that already exists with some im- has no advantages over, as we might ful combatants and unlawful combat- provement. say, the lawful. They are on equal sta- ants. If we will do these things, Guanta- tus, so to speak? We are not writing the field manual, namo Bay will be more effective in the Mr. GRAHAM. The Geneva Conven- we are not telling the experts what to future. It will be a forward-looking, re- tion would govern how we treat the put in the manual, how to write it, we form-type process. We will not be cap- lawful combatant. That is something are saying, for the sake of our own tured by the mistakes of the past, and we all understand and have been work- troops, you have one document you can we will be a safer nation. ing with for 60 years. The unlawful go to now. And we are saying to the I appreciate Senator WARNER’s sup- enemy combatant can now be detained world we are going to standardize our port and leadership on this issue. We for an indeterminate period of time, techniques. We are not going to have are trying in concert to make sure that once that determination has been inconsistent messages. The JAG we are stronger as a nation, not weak- made, with an annual review required memos we were talking about a while er. We learn from our problems. We to see if they should be kept based on ago that were 2 years old now are tell- clean up some of the problems we have danger to our country that the person ing us if you get too far afield from had in the past and Congress finally presents, and any intelligence data what we have been doing for 60 years, gets involved. I think the courts will that they present. you are going to get yourself in trou- appreciate that. I know the American So this legitimizes what the courts ble. So the Army Field Manual will be public will. have been telling us to do. The courts one-stop shopping for all those respon- With that, I will yield to Senator have said that an unlawful enemy com- sible for detainees in both categories, WARNER. batant status determination is an ap- and it will standardize procedures that The PRESIDING OFFICER. The Sen- propriate legal concept as long as the will allow us to get good information, ator from Virginia. person is given notice and the right to be aggressive, without losing who we Mr. WARNER. Mr. President, this is challenge. So what we are doing in this are as a people. That is why we need another very important step forward, statute is taking the court’s directive this, in my opinion. drawing on the very profound remarks and we are giving them notice and we Mr. WARNER. Mr. President, I do made earlier today by our distin- are giving them a right to challenge. A need to make certain that this modi- guished colleague from Arizona. The lawful combatant already has that fication will treat the subject of how a three of us have worked together. under the Geneva Conventions. person is detained with equal speci- I want to clarify one aspect because Mr. WARNER. Mr. President, I thank ficity as to how they are to be interro- when I looked at the Senator’s earlier my colleague. I ask that I now be a co- gated. draft, it appeared to me that a military sponsor, with that modification. As you know from your experience of judge being given to an unlawful com- Mr. GRAHAM. The Senator has made 20 years in the JAG—as a matter of batant appearing before an administra- my day. fact, you and I went to Guantanamo a tive review board would give that indi- The PRESIDING OFFICER. Without week or so ago. It is important that de- vidual more due process than accorded objection, it is so ordered. tention be conducted in a way that it a lawful combatant, a POW. My under- Mr. WARNER. Mr. President, the doesn’t somehow influence how the in- standing is the Senator’s modification three of us, together with others who terrogation might go. I will not draw now embraces that concern, and I want have talked with us, I think, have the picture here as to what could be to make that clear to our colleagues. made a very valuable contribution be- done. Mr. GRAHAM. That is correct. cause all eyes are on America as to Mr. GRAHAM. Absolutely. Mr. WARNER. Why does the Senator how we conduct these difficult situa- Mr. WARNER. I yield the floor. not state it in his own words? tions. Mr. DURBIN. Will the Senator yield Mr. GRAHAM. That is a very good Tomorrow we will have an oppor- for a question? point. Under the procedure in place tunity to further go into this question Mr. GRAHAM. Absolutely. now, a military representative is pro- about the use of the Army manual. My Mr. DURBIN. I ask the Senator from vided to the enemy combatant ini- concern over that is that the current South Carolina, the amendments which tially. When the determination is made manual, in my judgment, does not you have offered and were cosponsoring whether someone is an enemy combat- quite strike the balance between deten- with Senator MCCAIN, Senator WAR- ant, our own rules provide a military tion and interrogation. I am hopeful NER, and others, do they make it clear representative. In an annual review, a that we can draw from the Department that the policy of the United States is military representative is given to the of Defense, as best we can, what the not to engage in cruel, inhuman, and enemy combatant to make their case modification of the Army manual degrading treatment of any prisoner in that they are no longer a danger. What would be. our control? I wanted to do at the annual review is If I can be assured that is going to be Mr. GRAHAM. It becomes a stat- make that person a military lawyer be- balanced and take into consideration ute—— cause the potential of keeping these the need to address this unlawful cat- Mr. WARNER. Mr. President, I can people there for a long period of time is egory of these individuals who are not answer that. If you look at the second great because unlike other wars deal- acting on behalf of a State-sponsored McCain amendment, basically that ing with traditional POWs, there is no- conflict—am I not correct? amendment is directed at that ques- body to sign surrender documents. Mr. GRAHAM. I say to the chairman, tion. That is my understanding. I can understand the Senator’s con- he is absolutely correct. It is a very Mr. GRAHAM. That is absolutely cerns. We can deal with that issue simple concept we are trying to right. It uses the terms the Senator has later. So we will go back to the old way achieve. There are two problems, there just uttered and makes it a statutory

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.082 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8813 prohibition to engage in that conduct. unanimous consent that I be allowed to Field Manual without crossing the line It takes what the President said, we proceed for 3 minutes with the Senator that we are all concerned about. are going to treat people humanely, from South Carolina, if the Senator That is exactly what we did. We had gets the Congress involved, and we are from Florida will be so gracious. confusing messages—if I may continue putting parameters around what we do The PRESIDING OFFICER. Without for a second—to our troops. We had a with foreign terrorists, noncitizens. We objection, it is so ordered. The Senator DOJ memo that was a basic departure can interrogate them, but we are not from Michigan. from the way we have lived as a nation going to change who we are as a people, Mr. LEVIN. I also commend the Sen- for 60 years. Understandably, after 9/11 and the interrogators tell us that the ators who are involved in these pro- we wanted to be aggressive. But the Army Field Manual—as we were down posals. These are extremely important JAGs in question told us: Don’t go there a week ago—gives them all the proposals. I hope that they would not down this road too far because we have tools they need to aggressively pursue be nongermane if, indeed, cloture is in- trained people for 60 years to do it one the interrogations. You really don’t voked tomorrow. way. It works that way. And you are get things out of torture. They do not By the way, I wonder if I could ask going to confuse our own troops. believe it is good practice, to begin the Chair whether or not the pending Lo and behold, that’s exactly what with, so you are absolutely right. amendment would be germane, if clo- happened. So we are trying to get it There will be a prohibition in law as ture is invoked? back to where we have been. well as rhetoric. The PRESIDING OFFICER. The We fought World War II, Hitler—a Mr. DURBIN. I ask unanimous con- Chair would note there is not sufficient pretty bad guy—using these concepts. sent for 2 additional minutes for the information at this time to make that We can fight these terrorists using Senator from South Carolina or Vir- determination. these concepts. ginia—whoever wants the floor. Mr. LEVIN. I thank the Chair. My goal, and I am sure it is your The PRESIDING OFFICER. Without Mr. WARNER. Will the Senator allow goal, is to kill them if we have to, cap- objection, it is so ordered. me to address the Senate on a separate ture them, interrogate them, detain Mr. DURBIN. I thank the Senator matter for 1 minute? On the subject of them and prosecute them and do all from Florida for his patience, too. cloture, my leader, Senator FRIST, and that without giving up who we are as a If I can ask either Senator—both I will confer in the morning and then nation. served in the military, and the Senator confer with the Democratic leader him- We can do that. This is a step in that from South Carolina in the Judge Ad- self. At the moment, it is not a matter direction. vocate General Corps—it strikes me of absolute certainty, even though it Mr. LEVIN. Again, I commend my this is an important thing for our ripens, as to whether the leader will friend from South Carolina. I am glad troops, to give them clarity, in terms wish to pursue it. we have the reassurance that he would of policy. I would ask the Senator from Also, we would like to advise all Sen- consider at least abusive and degrading South Carolina if, in his visits to Guan- ators there will be no more votes to- treatment to be inhumane treatment tanamo or visits with other military night, if you concur in that? within the meaning of those words. I personnel, he has found that senti- Mr. LEVIN. I have no objection. thank him, and I yield the floor. ment. Mr. WARNER. The assistant Demo- AMENDMENT NO. 762 Mr. GRAHAM. This is absolutely giv- cratic leader is here. The PRESIDING OFFICER. Time has ing clarity. What had been confusing Mr. LEVIN. If I can go back and expired. The Senator from Florida is will now be clear, and it will be protec- make inquiry of my good friend from recognized. tion for the troops who are having to South Carolina, I think he has focused, Mr. NELSON of Florida. Mr. Presi- administer the detainees, in terms of along with the cosponsors, on some- dent, I want to talk about widows and interrogation. That is what Senator thing which is critically important, orphans. I call up amendment No. 762, WARNER said, in terms of detention. The Marine Corps Judge Advocate, and that is reliance on the Army man- which is filed at the desk. The PRESIDING OFFICER. The who was part of a review process 2 ual so everybody knows the roadmap, clerk will report. years ago, said the one thing he as he puts it. The legislative clerk read as follows: thought policymakers were missing, or Is it the Senator’s understanding of misunderstood, was the effect on our the Army manual that abusive and de- The Senator from Florida [Mr. NELSON], grading treatment would be prohib- for himself and Mr. HAGEL, Mr. CORZINE, Mr. own troops. Under the Uniform Code of NELSON of Nebraska, Mr. SMITH, Ms. CANT- Military Justice, it is a crime to abuse ited? Mr. GRAHAM. It is not only my un- WELL, Mr. DAYTON, Mr. KERRY, Ms. a detainee. So you are creating a new LANDRIEU, Ms. MIKULSKI, Mrs. MURRAY, Ms. derstanding, it is also part of the Uni- model for interrogation, and you may STABENOW, Mrs. BOXER, Mr. PRYOR, Mr. DUR- be getting your own people in trouble if form Code of Military Justice. There is BIN, Mr. JEFFORDS, Mr. JOHNSON and Mr. you don’t understand how the law ex- a specific section that makes it a crime SALAZAR proposes an amendment numbered ists already. to abuse a detainee or a prisoner. 762. We are trying to reconcile those con- Mr. LEVIN. The reason this comes up Mr. NELSON of Florida. I ask unani- cepts; let the military tell us what is those words have now been utilized mous consent the reading of the they need and not put our own people by a witness, by somebody who has amendment be dispensed with. at jeopardy. This will help GTMO in made investigation. So I want to be as The PRESIDING OFFICER. Without two regards: Get better, more reliable precise as I can, in my question, about objection, it is so ordered. information that will not give us a whether it would be the belief of the The amendment is as follows: black eye and help the troops under- Senator from South Carolina that abu- (Purpose: To repeal the requirement for the stand what their duties are. sive and degrading treatment would be reduction of certain Survivor Benefit Plan Mr. DURBIN. I say in closing to the a violation of the manual? annuities by the amount of dependency Senator from South Carolina, I thank Mr. GRAHAM. It is my under- and indemnity compensation and to mod- him for his leadership, along with Sen- standing that the Army Field Manual, ify the effective date for paid-up coverage under the Survivor Benefit Plan) ators WARNER and MCCAIN. I know bet- as written—and it is being revised—re- ter than most in this Chamber this is a jects that concept in interrogation of At the end of subtitle D of title VI, add the following: very delicate issue, and I think they abusive and degrading behavior. I am SEC. 642. REPEAL OF REQUIREMENT OF REDUC- have handed it in a positive way, with not an expert on the terms of it. But TION OF SBP SURVIVOR ANNUITIES clarity along the lines we are drawing, the whole point of these amendments BY DEPENDENCY AND INDEMNITY so we protect America and protect our also is to make sure that we have COMPENSATION. troops and give them clear guidance in standardized interrogation techniques (a) REPEAL.—Subchapter II of chapter 73 of that get good information without hav- title 10, United States Code is amended— terms of conduct that is acceptable and (1) in section 1450(c)(1), by inserting after up to American’s standard of value. I ing to be abusive and degrading. But ‘‘to whom section 1448 of this title applies’’ thank the Senator for his leadership. you can be forceful. You can be stress- the following: ‘‘(except in the case of a death Mr. LEVIN. Will the Senator yield ful. You can be psychologically and as described in subsection (d) or (f) of such for an additional question? And I ask physically stressful under the Army section)’’; and

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.083 S25JYPT1 S8814 CONGRESSIONAL RECORD — SENATE July 25, 2005 (2) in section 1451(c)— out and purchase this survivors benefit ments to military retirees and service- (A) by striking paragraph (2); and so their loved ones will have this when members who are killed in the line of (B) by redesignating paragraphs (3) and (4) they have passed on. Yet that survivor duty, and their surviving widows and as paragraphs (2) and (3), respectively. (4) as paragraphs (2) and (3), respectively. benefit is today being taken away un- dependent children. (b) PROHIBITION ON RETROACTIVE BENE- fairly from our military widows and or- We have sergeants and corporals los- FITS.—No benefits may be paid to any person phans. Fixing that is what my amend- ing their lives. Their base pay deter- for any period before the effective date pro- ment is all about. mines the benefits for their surviving vided under subsection (e) by reason of the If you go back into the Good Book, spouse. The base pay of a corporal isn’t amendments made by subsection (a). you will find that one of the main very much, and their survivors are sup- (c) PROHIBITION ON RECOUPMENT OF CERTAIN things that we are admonished is to posed to live off even less; yet, in fact, AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- in another part of the law, they are due CIPIENTS.—A surviving spouse who is or has look out for the widows and orphans. been in receipt of an annuity under the Sur- With our Nation now in a violent something as the widow of a veteran, vivor Benefit Plan under subchapter II of struggle with brutal and vicious en- and we are saying under the current chapter 73 of title 10, United States Code, emies, and Americans being lost every law: You cannot get both benefits you that is in effect before the effective date pro- day, we simply must not forget that are entitled to. vided under subsection (e) and that is ad- the families left behind by those coura- Is this what we want to do for these justed by reason of the amendments made by geous men and women, those families, young families who lost a loved one in subsection (a) and who has received a refund bear tremendous pain. Their survivors’ Iraq or elsewhere? Will the Nation not of retired pay under section 1450(e) of title stand tall to support them? This is not 10, United States Code, shall not be required lives are forever altered. Their future is left unclear. They have made the ul- what the law intended. We ought to to repay such refund to the United States. change it. (d) RECONSIDERATION OF OPTIONAL ANNU- timate sacrifice and our Nation expects Mr. DURBIN. Will the Senator yield? ITY.—Section 1448(d)(2) of title 10, United us to honor that sacrifice. Mr. NELSON of Florida. I yield. States Code, is amended by adding at the end It reminds me of President Lincoln, the following new sentences: ‘‘The surviving Mr. DURBIN. I ask unanimous con- who during the midst of the Civil War, sent to be added as a cosponsor to Sen- spouse, however, may elect to terminate an said: annuity under this subparagraph in accord- ator NELSON’s amendment. ance with regulations prescribed by the Sec- As God gives us to see the right, let us The PRESIDING OFFICER. Without retary concerned. Upon such an election, strive on to finish the work we are in; to objection, it is so ordered. payment of an annuity to dependent children bind up the nation’s wounds; to care for him Mr. DURBIN. Mr. President, I ask the under this subparagraph shall terminate ef- who shall have borne the battle, and for his widow, and his orphan. Senator from Florida—to make sure I fective on the first day of the first month understand exactly what he is saying— that begins after the date on which the Sec- The immortal words of President here is a person in service to our coun- retary concerned receives notice of the elec- Lincoln. try who was killed in combat. If that tion, and, beginning on that day, an annuity Since the beginning of this session shall be paid to the surviving spouse under soldier had basically bought an insur- we have considered and adopted in- ance policy on his life, then the paragraph (1) instead.’’. creased death gratuity benefits for the (e) EFFECTIVE DATE.—The amendments amount of money his family would re- made by this section shall take effect on the survivors of our troops lost in this ceive from our Government is going to later of— present war. But the survivors of those be reduced by the amount he would (1) the first day of the first month that be- killed in action are entitled to auto- have received from that insurance pol- gins after the date of the enactment of this matic enrollment in the survivors ben- icy? Is that, in shorthand, the way to Act; or efit plan. That is a change we made in describe the current law? (2) the first day of the fiscal year that be- the law, but it is not complete. gins in the calendar year in which this Act is Mr. NELSON of Florida. Let me We now see the pain caused. At the tweak it a little bit for the Senator, enacted. same time a widow or a widower is en- SEC. 643. EFFECTIVE DATE FOR PAID-UP COV- and I thank the Senator for the com- ERAGE UNDER SURVIVOR BENEFIT rolled in the Survivor Benefit Plan, passion coming out of his heart and ex- PLAN. and in many cases paid for it, another pressed on his face as he asks this ques- Section 1452(j) of title 10, United States set of laws under the Department of tion. This Senator from Illinois is right Code, is amended by striking ‘‘October 1, Veterans Affairs says they are also en- on. 2008’’ and inserting ‘‘October 1, 2005’’. titled to dependency and indemnity In the first place, in current law the Mr. NELSON of Florida. Mr. Presi- compensation. However, under current soldier does not actually have to make dent, it is an honor for me, on behalf of law one offsets the other—they can’t an affirmative purchase. Under current some folks who have not been treated get both. law we enroll the survivors of any serv- with fairness and equity, to rise on the Widows instantly recognize the injus- ice member who is killed in the Sur- floor of the Senate to try to obtain it tice of this offset. It deeply wounds vivors Benefit Plan. However, for a pri- for them. There will be attempts to their sense of the value of their sac- vate, a corporal, a sergeant, that is not strip this amendment from the bill. rifice. It is wrong, the way we treat a lot because of their base pay. But I offer it tonight, whether or not these families. This offset is no less Mr. DURBIN. I might ask the Sen- cloture is invoked on the overall bill, painful for the survivors of our 100-per- ator from Florida, through the Chair, with the hope that we are going to get cent disabled military retirees because so the benefit the soldier receives dean up-or-down vote. It is important it is a purchased plan, yet they cannot pends on rank and salary? that widows and orphans in this coun- get what they have purchased because Mr. NELSON of Florida. Under the try, whose husbands and fathers died as it is offset by Dependency and Indem- Survivors Benefit Plan it does. How- a result of their military service, can nity Compensation. ever, there is another part of the law know where the Senators stand on this Survivors of service members killed that says survivors shall receive a sec- important issue. It is an honor for me on active duty are entitled, in law, to ond benefit, Dependency and Indemnity to offer this amendment, and it is automatic enrollment in the Survivor Compensation, to attempt in one small going to correct two important inequi- Benefit Plan, and 100-percent disabled way to make those survivors whole for ties faced by our military widows and military retirees can purchase the sur- all the sacrifice their loved one has our military retirees. vivors benefit plan. Survivors stand to given. There is an unfair and painful offset lose most or even all of the benefits But, no, because of a problem with of the Defense Department’s Survivors under that plan because they are offset the current law, they cannot get both. Benefits Plan, offset against the Vet- by a second benefit to which they are One offsets the other, the long and erans Affairs Dependency and Indem- also entitled, Dependency and Indem- short of which is that a young widow of nity Compensation. What is Survivors nity Compensation. a private or corporal or sergeant can’t Benefit Plan? When servicemembers That is not right. I have 22 cospon- make it with what the U.S. Govern- die on active duty, their survivors re- sors of this amendment. They are from ment is going to give her unless we rec- ceive a benefit to recognize their sac- both sides of the Senate. This amend- tify this inequity in the law. rifice. You also have 100-percent dis- ment is going to remedy these inequi- Mr. DURBIN. Does the Senator have abled military retirees who actually go ties. It is going to honor our commit- remaining time?

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.041 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8815 The PRESIDING OFFICER. The Sen- Mr. DURBIN. Mr. President, I would ciate, move three C–9C aircraft from ator’s time is expired. like to address to the chairman the fol- Andrews Air Force Base to Scott AFB, Mr. DURBIN. I ask unanimous con- lowing. I have two pending amend- and to support these new and expanded sent the Senator from Florida be recog- ments which I would like to call up. I missions. nized for an additional 5 minutes. will do this briefly. The expanded C–9 mission and new C– The PRESIDING OFFICER. Without Mr. WARNER. Please proceed. 40 mission will strain existing objection, it is so ordered. AMENDMENT NO. 1428 TRANSCOM and TACC facilities and Mr. DURBIN. I ask the Senator from Mr. DURBIN. I ask unanimous con- require additional administrative and Florida this specific question. We are sent that the pending amendment be operations space/structures. about to consider whether we are going set aside for the purpose of calling up to shut down debate on this bill. It is Due to the accelerated funding sched- amendment No. 1428. ule of the C–9 and C–40 missions, imme- called cloture. It closes down the de- The PRESIDING OFFICER. Without bate on the bill, limits the amend- diate administrative and operations objection, it is so ordered. space is needed. ments to the bill. As to the Senator’s The clerk will report. amendment, which protects these wid- The legislative clerk read as follows: St. Clair County, IL, the appropriate local unit of Government, has offered ows and surviving children of a soldier The Senator from Illinois [Mr. DURBIN] killed in combat, once we have closed proposes an amendment numbered 1428. to enter into an agreement with the Air Force to construct the necessary down debate and limited amendments, Mr. DURBIN. I ask unanimous con- facilities, saving our Department of would we still be able to vote on the sent the reading of the amendment be Defense some money. These structures Nelson amendment? dispensed with. Mr. NELSON of Florida. The Senator The PRESIDING OFFICER. Without would be for joint military-civilian asked a good question. objection, it is so ordered. use. Currently, Scott AFB and I ask the Presiding Officer, would the The amendment is as follows: MidAmerica Airport operate on a joint use plan. St. Clair County is a partner Nelson amendment, with its 22 cospon- (Purpose: To authorize the Secretary of the sors, be considered germane following a Air Force to enter into agreements with in MidAmerica Airport. successful cloture motion? St. Clair County, Illinois, for the purpose The Air Force has estimated the cost The PRESIDING OFFICER. There is of constructing joint administrative and of a new facility for TRANSCOM and insufficient information at this point operations structures at Scott Air Force HQ TACC is about $60 million. Base, Illinois) to be able to make that determination. This general provision is needed in Mr. NELSON of Florida. So the an- On page 371, between lines 8 and 9, insert order for the Air Force and St. Clair swer, I say to the Senator from Illinois, the following: County to enter into an agreement on it could well be knocked off if cloture SEC. 2887. ADMINISTRATIVE AND OPERATIONS joint use facilities. The construction is brought on this Defense authoriza- STRUCTURES, SCOTT AIR FORCE BASE, ILLINOIS. would be at no cost to the Air Force. tion bill. (a) IN GENERAL.—Notwithstanding any The county would invite the Air Force Mr. DURBIN. I ask through the Chair other provision of law, the Secretary of the to lease space in the buildings, con- one last question. How often do we Air Force may enter into agreements with sistent with military lease require- have an opportunity to change the law St. Clair County, Illinois, for the joint con- ments. and to help these soldiers and their struction and use of administrative and oper- families? How many times do we get a ations facilities at Scott Air Force Base, Illi- If the chairman has not had a chance chance in the Senate during the course nois. to review this amendment, I would like of the year to consider the Department (b) LIMITATIONS.— to ask his staff to take a look at it. It (1) TOTAL COST.—The total cost of agree- of Defense authorization bill or an- is no expense to the Government and it ments entered into under subsection (a) may provides a necessary facility at a very other bill that might give us a chance not exceed $60,000,000. important airbase. to help those families and to rectify (2) LEASE PAYMENTS.—All payments made this injustice which the Senator from by the Air Force under leases entered into Mr. WARNER. Mr. President, we will Florida has pointed out and which I under subsection (a) shall be made out of take the amendment under careful con- think every Member on both sides of funds available for the Air Force for oper- sideration, I assure the Senator. ation and maintenance. the aisle would like to change? Mr. DURBIN. I ask for the yeas and Mr. NELSON of Florida. The Senator (3) TERMS OF LEASES.—Any lease agreement entered into under subsection (a)— nays on that pending amendment. from Florida will ask for the yeas and (A) shall provide for the lease of such ad- The PRESIDING OFFICER. Is there a nays. ministrative or operations facilities for a pe- sufficient second? If the chairman of the committee, riod not to exceed 30 years; and the distinguished Senator from Vir- (B) shall provide that, upon termination of There is a sufficient second. ginia, is persuasive in talking to the the lease, all right, title, and interest in the The yeas and nays were ordered. Republican majority leader not to facilities shall, at the option of the Sec- AMENDMENT NO. 1571 bring the motion for cloture to cut off retary, be conveyed to the United States. debate so that amendments like this to Mr. DURBIN. Mr. President, and to Mr. DURBIN. Mr. President, I ask help widows and orphans might fall, the chairman and ranking member of that amendment be set aside and we maybe we can get it to a vote. It is the the committee, I hope this is an call up amendment No. 1571. least we can do for Americans who amendment which will be accepted be- The PRESIDING OFFICER. Without have given their lives, or their best cause it is noncontroversial and impor- objection, it is so ordered. years, in defense of our country. We tant to my State and to the protection The clerk will report. of our country. simply cannot allow this situation to The legislative clerk read as follows: continue. We need to restore fair bene- The amendment authorizes the Sec- fits to these folks. I am going to con- retary of the Air Force to enter into The Senator from Illinois [Mr. DURBIN], for tinue my fight for these people who agreements with local county officials himself, Ms. MIKULSKI, Mr. ALLEN, Mr. have given their all to their Nation and for the construction and lease of joint GRAHAM, Ms. LANDRIEU, Mr. LEAHY, Mr. SAR- BANES, Mr. LAUTENBERG, Mr. BINGAMAN, Mr. administration and operation facilities especially to the loved ones whom they KERRY, Mr. SALAZAR, Mr. CORZINE, Mr. have left behind. needed at Scott Air Force Base, cur- CHAFEE, Mrs. LINCOLN, Mr. BIDEN, Mr. KEN- I ask for the yeas and nays. rently operating under a joint use NEDY, and Mrs. MURRAY, proposes an amend- The PRESIDING OFFICER. Is there a agreement with MidAmerica Airport, ment numbered 1571. sufficient second? to accommodate new missions. Mr. DURBIN. I ask unanimous con- There is a sufficient second. The fiscal year 05 Defense Appropria- sent the reading of the amendment be The yeas and nays were ordered. tions conference report included $259 dispensed with. Mr. WARNER. Mr. President, I say to million to procure three C–40C aircraft our good friend and colleague, we will to be based at Scott Air Force Base and The PRESIDING OFFICER. Without take under consideration the Senator’s flown by the 932nd Airlift Wing with objection, it is so ordered. amendment with great care. the 375th Air Wing as an active asso- The amendment is as follows:

VerDate Aug 04 2004 03:15 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.086 S25JYPT1 S8816 CONGRESSIONAL RECORD — SENATE July 25, 2005 (Purpose: To ensure that a Federal employee carry out the preceding provisions of this The Federal Government is not making who takes leave without pay in order to section. up the difference in pay for those mem- perform service as a member of the uni- ‘‘(e)(1) The head of each agency referred to bers of the Guard and Reserve who are in section 2302(a)(2)(C)(ii) shall, in consulta- formed services or member of the National activated. Some of them face quite a Guard shall continue to receive pay in an tion with the Office, prescribe procedures to amount which, when taken together with ensure that the rights under this section setback when they are activated and the pay and allowances such individual is apply to the employees of such agency. receive less money and a lot of finan- receiving for such service, will be no less ‘‘(2) The Administrator of the Federal cial hardship. than the basic pay such individual would Aviation Administration shall, in consulta- Last year, when we debated this then be receiving if no interruption in em- tion with the Office, prescribe procedures to amendment, the Government Account- ployment had occurred) ensure that the rights under this section ability Office told us that about 40 per- At the end of title XI, add the following: apply to the employees of that agency. cent of Guardsmen and Reservists lose ‘‘(f) For purposes of this section— SEC. 1106. NONREDUCTION IN PAY WHILE FED- ‘‘(1) the terms ‘employee’, ‘Federal Govern- some amount of income when mobi- ERAL EMPLOYEE IS PERFORMING lized. Well, I want to report to the Sen- ACTIVE SERVICE IN THE UNI- ment’, and ‘uniformed services’ have the FORMED SERVICES OR NATIONAL same respective meanings as given them in ate that figure has now been updated. GUARD. section 4303 of title 38; The new figure is 51 percent. More than (a) SHORT TITLE.—This section may be ‘‘(2) the term ‘employing agency’, as used half of the men and women activated in cited as the ‘‘Reservists Pay Security Act of with respect to an employee entitled to any the Guard and Reserve lose income be- 2005’’. payments under this section, means the cause of that activation, causing finan- (b) IN GENERAL.—Subchapter IV of chapter agency or other entity of the Government cial hardship and economic difficulties (including an agency referred to in section 55 of title 5, United States Code, is amended for some. Over 11 percent of those acti- by adding at the end the following: 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under vated lose more than $2,500. ‘‘§ 5538. Nonreduction in pay while serving in We also find that income loss is one the uniformed services or National Guard chapter 43 of title 38; and ‘‘(3) the term ‘basic pay’ includes any of the top reasons given by Guardsmen ‘‘(a) An employee who is absent from a po- amount payable under section 5304.’’. and Reservists as to why they stop sition of employment with the Federal Gov- (c) CLERICAL AMENDMENT.—The table of serving in Reserve components. We ernment in order to perform active duty in sections for chapter 55 of title 5, United the uniformed services pursuant to a call or need to actively recruit and retain the States Code, is amended by inserting after very best to serve in America’s mili- order to active duty under a provision of law the item relating to section 5537 the fol- referred to in section 101(a)(13)(B) of title 10 lowing: tary. And when you ask those cur- shall be entitled, while serving on active rently serving why they are not re- ‘‘5538. Nonreduction in pay while serving in duty, to receive, for each pay period de- upping, why they are not reenlisting, scribed in subsection (b), an amount equal to the uniformed services or Na- tional Guard.’’. many of them give as a major reason— the amount by which— one of the top reasons—the loss of in- ‘‘(1) the amount of basic pay which would (d) EFFECTIVE DATE.—The amendments otherwise have been payable to such em- made by this section shall apply with respect come when they are activated to serve ployee for such pay period if such employee’s to pay periods (as described in section 5538(b) from Reserve units. civilian employment with the Government of title 5, United States Code, as amended by We want to make certain that we sa- had not been interrupted by that service, ex- this section) beginning on or after the date lute the employers across America who ceeds (if at all) of enactment of this Act. are dealing with these troops and help- ‘‘(2) the amount of pay and allowances Mr. DURBIN. Mr. President, this ing them. But I think we have an obli- which (as determined under subsection (d))— amendment is not new to this Senate. gation, those of us who work here in ‘‘(A) is payable to such employee for that We have considered it several times Washington, to make sure our Govern- service; and and passed it. It has not survived con- ment does the same. ‘‘(B) is allocable to such pay period. ‘‘(b)(1) Amounts under this section shall be ference committees, but I hope this Roughly 1 out of every 10 Guardsmen payable with respect to each pay period time it will be successful, we will be and Reservists in service to our coun- (which would otherwise apply if the employ- successful in our effort in passing it. It try is also a Federal employee. How ee’s civilian employment had not been inter- is the reservist pay amendment. can we on the one hand say to private rupted)— Here is what is going on in America: employers, and even State govern- ‘‘(A) during which such employee is enti- All across America members of Guard ments, ‘‘We salute you for your fore- tled to reemployment rights under chapter units and Reserve units are being acti- sight and compassion in helping our 43 of title 38 with respect to the position vated, called into service for our coun- troops’’ and not do the same? I think from which such employee is absent (as referred to in subsection (a)); and try, risking their lives, spending we ought to be standing by those Fed- ‘‘(B) for which such employee does not oth- lengthy periods of time away from eral employees who are activated in erwise receive basic pay (including by taking their families. We understand these the service to our country as well. We any annual, military, or other paid leave) to new assignments create a lot of per- should not be lagging behind those who which such employee is entitled by virtue of sonal hardship and sacrifice on the part have made real contributions and have such employee’s civilian employment with of these soldiers and marines, sailors, shown this leadership. We should be the Government. airmen, members of the Coast Guard, setting an example. ‘‘(2) For purposes of this section, the period and others. We also understand it cre- This measure does not bust the budg- during which an employee is entitled to re- et. It results in some expenditures, but employment rights under chapter 43 of title ates much financial hardship on some 38— as well. the money to make up any lost income ‘‘(A) shall be determined disregarding the So we, as a nation, encourage the em- by mobilized Federal workers is drawn provisions of section 4312(d) of title 38; and ployers of Guard and Reserve members from funds already previously appro- ‘‘(B) shall include any period of time speci- to try to stand by the men and women priated. Secondly, it is not additional fied in section 4312(e) of title 38 within which who are serving our country, even pay for military service. Reservists an employee may report or apply for employ- when they have been activated. It continue to receive the same military ment or reemployment following completion turns out that well over 1,000 employ- pay for the same military job. Any dif- of service on active duty to which called or ers across America have said: We will ferential pay they receive is separate ordered as described in subsection (a). ‘‘(c) Any amount payable under this sec- do just that. They continue to make up and apart, simply intended to keep tion to an employee shall be paid— the difference in pay for these acti- such employees financially whole while ‘‘(1) by such employee’s employing agency; vated members of the Guard and Re- serving our country. ‘‘(2) from the appropriation or fund which serve. We salute them. We thank them. I do not believe our service men and would be used to pay the employee if such They are bringing financial peace of women sit down and ask those serving employee were in a pay status; and mind to men and women who are serv- with them, ‘‘Do you have a supplement ‘‘(3) to the extent practicable, at the same ing our country every day, separated in pay coming in here?’’ and resent it if time and in the same manner as would basic from their homes and their families. some do and some do not. Why, then, pay if such employee’s civilian employment had not been interrupted. Now, the concern I have is the fact would we put Federal employees in this ‘‘(d) The Office of Personnel Management that one of the largest employers in unfortunate situation? The wisdom of shall, in consultation with Secretary of De- America is not doing the same thing, this amendment is it is readily under- fense, prescribe any regulations necessary to and that is the Federal Government. standable by the entire force, whether

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.044 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8817 Active Duty or Reserve. They know Armed Forces of the United States who were (Purpose: To establish limitations on excess that private-sector companies are injured in the bombing of the LaBelle Dis- charges under time-and-materials con- making whole these employees’ pay, cotheque in Berlin, Germany, and the claims tracts and labor-hour contracts of the De- and they can certainly understand it if of family members of members of the Armed partment of Defense) Forces of the United States who were killed the Federal Government did the same. At the end of subtitle A of title VIII, add in that bombing. the following: I think we ought to be sensitive to Mr. LEVIN. Mr. President, on April 5, SEC. 807. LIMITATION ON EXCESS CHARGES the fact that if we do not make up the UNDER TIME-AND-MATERIALS AND difference in regular civilian income, it 1986, Libya directed its agents to exe- LABOR-HOUR CONTRACTS. could create great hardship, concern, cute a terrorist attack in West Berlin (a) REGULATIONS REQUIRED.—Not later worry, stress, and anxiety on troops for the sole purpose of killing and than 90 days after the date of the enactment that we want in the field with a posi- maiming as many American military of this Act, the Secretary of Defense shall prescribe regulations governing the terms tive attitude doing their job and com- personnel as possible. So they selected a discotheque that military personnel and conditions of time-and-materials con- ing home safely. tracts and labor-hour contracts entered into The reason to support this measure is frequented in Berlin. They placed a for or on behalf of the Department of De- simple: The Federal Government can- bomb in the discotheque when 260 peo- fense. not continue to do less for its employ- ple, including U.S. personnel, were (b) LIMITATION ON EXCESS CHARGES.— ees than other major employers. It is present. When that bomb detonated, (1) IN GENERAL.—The regulations pre- two U.S. soldiers were killed and over scribed pursuant to subsection (a) shall au- time for the Government to be as gen- thorize the use of a time-and-materials con- erous, as caring, as compassionate as 90 soldiers were severely injured. They have not been compensated. tract or a labor-hour contract for or on be- Sears, Roebuck, IBM, Home Depot, half of the Department of Defense only if the General Motors, and 24 State govern- The German civilians who were in contract provides for acquiring supplies or ments that stand behind their soldiers that discotheque were compensated, services on the basis of— once they are activated to serve our but the American military personnel (A) direct labor hours provided by the country. and their families have not been, de- prime contractor at specified fixed hourly How can we commend everyone else spite promises of the Libyan Govern- rates that include wages, overhead, general ment to do so. and administrative expenses, and profit; and and not do our part? We can adopt this (B) the reimbursement of the prime con- amendment. I invite all of my col- So this amendment simply says that tractor for the reasonable costs (including leagues to come together once more to we will not normalize, in any further overhead, general and administrative ex- adopt the Reservist Pay Security Act. way, relations with Libya until the At- penses, and profit, to the extent permitted Mr. President, I ask for the yeas and torney General, after consulting with under the regulations) of subcontracts for nays on the pending amendment. the Secretary of State and the Sec- supplies and subcontracts for services, ex- The PRESIDING OFFICER. Is there a retary of Defense, certifies to Congress cept as provided in paragraph (2). sufficient second? (2) SUBCONTRACTOR LABOR HOURS.—Direct that Libya has made a good-faith effort labor hours provided by a subcontractor may There appears to be a sufficient sec- and a good-faith offer in negotiating be provided on the basis of specified fixed ond. with U.S. service members who were hourly rates that include wages, overhead, The yeas and nays were ordered. injured in that discotheque bombing general and administrative expenses, and Mr. DURBIN. Thank you, Mr. Presi- and with the family members of U.S. profit only if such hourly rates are set forth dent. I yield the floor. service members who were killed in in the contract for that specific subcon- The PRESIDING OFFICER. The Sen- that bombing. tractor. ator from Michigan. (c) DEPARTMENT OF DEFENSE PURCHASES It is a very straightforward amend- THROUGH CONTRACTS ENTERED BY NON-DE- Mr. LEVIN. Mr. President, I ask ment that is so essential if we are FENSE AGENCIES.—The regulations prescribed unanimous consent to set aside the going to do justice for U.S. military pursuant to subsection (a) shall include ap- pending amendment. personnel who were killed in a terrorist propriate measures to ensure compliance The PRESIDING OFFICER. Without attack by Libya the way justice has with the requirements of this section in all objection, it is so ordered. been done for the German civilians who Department of Defense purchases through non-defense agencies. AMENDMENT NO. 1496 were killed in that attack at that dis- (d) EFFECTIVE DATE.—The regulations pre- Mr. LEVIN. Mr. President, I call up cotheque that was perpetrated by scribed pursuant to subsection (a) shall take amendment No. 1496. Libya and its agents. effect on the date that is 90 days after the The PRESIDING OFFICER. The So we provide a very carefully word- date of the enactment of this Act, and shall clerk will report. ed assessment by the Secretary of apply to— The legislative clerk read as follows: (1) all contracts awarded for or on behalf of State and the Attorney General. They the Department of Defense on or after such The Senator from Michigan [Mr. LEVIN] will decide if the good-faith offer has date; and proposes an amendment numbered 1496. been made the way it has been prom- (2) all task or delivery orders issued for or Mr. LEVIN. Mr. President, I ask ised. We do not make that decision in on behalf of the Department of Defense on or unanimous consent that reading of the this amendment. We leave that up to after such date, regardless whether the con- amendment be dispensed with. the Attorney General, after consulting tracts under which such task or delivery or- The PRESIDING OFFICER. Without with the Secretary of State and the ders are issued were awarded before, on, or objection, it is so ordered. Secretary of Defense. after such date. The amendment is as follows: Mr. LEVIN. Mr. President, we read AMENDMENT NO. 1497 (Purpose: To prohibit the use of funds for the other day in the Washington Post normalizing relations with Libya pending Mr. President, I now ask unanimous about a procedure that is used by a resolution with Libya of certain claims re- consent that the pending amendment number of contractors that reimburses lating to the bombing of the LaBelle Dis- be laid aside, and I call up amendment those contractors for services rendered cotheque in Berlin, Germany) No. 1497. by subcontractors and where the con- At the end of title XII, add the following: The PRESIDING OFFICER. Without tractor is charging the Government SEC. 1205. LIMITATION ON AVAILABILITY OF objection, it is so ordered. The clerk significantly more for that service FUNDS FOR NORMALIZATION OF RE- will report the amendment. than the subcontractor is paid. We are LATIONS WITH GOVERNMENT OF talking about labor rates. LIBYA. The legislative clerk read as follows: Here is what the Post told us and re- None of the funds authorized to be appro- The Senator from Michigan [Mr. LEVIN] minded us: priated by this Act or any other Act may be proposes an amendment numbered 1497. obligated or expended for purposes of nego- Security guards in Virgin Islands paid $15 tiations towards normalizing relations with Mr. LEVIN. Mr. President, I ask and $20 an hour were billed to the govern- the Government of Libya until the Attorney unanimous consent that reading of the ment at [twice that rate]. Office workers General, in consultation with the Secretary provided by [a subcontractor] at $20 an hour amendment be dispensed with. were billed to the government [by the prime of State and the Secretary of Defense, cer- The PRESIDING OFFICER. Without tifies to Congress that the Government of contractor] at $48.07 an hour. Libya has made a good faith offer in the ne- objection, it is so ordered. This is not just to have a profit put gotiations on the claims of members of the The amendment is as follows: in there for the prime contractor. That

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.090 S25JYPT1 S8818 CONGRESSIONAL RECORD — SENATE July 25, 2005 is legitimate. This is a theory that tenure of its current Chairman, Sen- concerns about how this process is prime contractors are using known as ator WARNER, I have observed the great working. If, in fact, cloture is invoked ‘‘mapping,’’ where instead of basing care that this body has taken to ensure tomorrow, I suspect, based on what I their charge to the Government on the adequate consideration of amendments have been told, that any effort by the cost of labor, they are basing the that would serve the national security Presiding Officer or this Senator or charge to the Government on a theo- interests of our nation. And we in this others to bring up these amendments, retical cost of labor—not on the sub- body have done so because of the im- to talk about those issues, to at least contractor’s cost but on what the portance of this legislation—particu- debate them here and ask our col- prime would have paid for the same larly at times, such as now, when the leagues whether they are sympathetic service. So we are billed as a Govern- Nation faced down grave threats to our proposals would fail. We would ment for labor performed, and the cost around the globe. not be allowed to consider those of that labor, although it is not the As a matter of tradition as well as amendments. true cost of the labor, is a theoretical law, the Armed Services Committee Again, I am not suggesting that cost. has always produced an authorization every idea we have ought to be adopted That kind of practice should end. bill. Unlike any other government by this body. But the fact that we This amendment would fix the problem agencies, the Defense Department has wouldn’t even be allowed to debate by requiring that prime contractors always been subject to both an author- these matters strikes me as a breach of charge the Government their actual ization and appropriations bill. our obligations to our constituents subcontract costs, unless the sub- Other than some expenditures that back home as well as American troops contract rates are specifically set forth occur as a result of our demands under fighting on the frontlines in Iraq and in the prime contract. The General Medicaid, Medicare, and the like, noth- Afghanistan. Services Administration has been balk- ing consumes as much of our Treasury I realize you have to close the debate ing at this change, although the De- as does the Defense appropriations bill. at some point. You can’t go on end- lessly. We are getting near the end of partment of Defense itself says they Therefore, Mr. President, I rise because this session before we take the August have recognized the problem and are of my concern that we are about to break. So clearly over the next several working to fix it. So we are going to vote tomorrow after little more than a days, we have to conclude these de- come down with the effort to correct day and a half of debate on this De- bates. But there ought to be ample this problem that the DOD recognizes fense authorization bill. Here we are enough time, short of 10:30 tomorrow and override the obstinacy of the GSA bringing up one of the most critically morning, for us to conclude our delib- to correct a very obvious inequity in important pieces of legislation we ever erations, going through amendments, terms of the American taxpayer. consider here, and we are going to po- dropping those which may be redun- So that is the sum and substance of tentially truncate this debate down to dant. At least there ought to be a fair this amendment. We would ask that a few hours. consideration of those matters before this amendment be considered in the Here we are, a nation at war, with we just cut off the debate, slam the usual course, assuming, again, that literally thousands of our fellow citi- door shut on matters as important as cloture is not invoked. zens in uniform serving in Afghanistan the safety and well-being of our troops, I yield the floor. and Iraq. We are facing major ques- American veterans, the BRAC process, The PRESIDING OFFICER. The Sen- tions about the conduct of a war and the future of new nuclear weapons pro- ator from Connecticut. considerable strain is being placed on grams and a whole host of issues that Mr. DODD. Mr. President, we are a our military personnel—with active would no longer be viable under a nation at war. I can think of no other duty, reserve, and national guard mem- postcloture environment. legislation deserving of this body’s bers. Are constituents are asking How For example, Senator STABENOW complete attention than the Defense well protected are our troops? How would like to offer a critically impor- Authorization bill. What could be more much do we provide for them when tant amendment to guarantee adequate profound than debating critically im- they come back? funding levels for veterans health bene- portant amendments on the very issues We have listened to my colleague fits; Senator MURRAY would like to of war and peace? What could honor from Florida, my colleague from Illi- offer an amendment on childcare for our men and women in uniform fight- nois, and my colleague from Michigan, troops based overseas; Senator KERRY ing in the sands of Iraq and Afghani- who raise serious issues about whether has an amendment on the GI bill. And stan than a full and complete discus- we are going to provide additional ben- Senators MCCAIN and GRAHAM have a sion of amendments that will promote efits for our veterans. I am told by number of issues related to the treat- the safety and well-being of our troops, many who have analyzed these amendment of detainees held in U.S. military their families, our veterans, and our ments that there is a very good likeli- facilities. national security. Unfortunately, there hood that those amendments would not For those who care about BRAC are those who wish to shut down this survive a post-cloture environment. If amendments, those who care about the critically important debate. And so I we do invoke cloture tomorrow, at 10 Geneva Convention, those who care rise today to urge my colleagues to or 10:30 tomorrow morning, I am told about whether we can have a good de- consider the consequences of termi- that those amendments would require bate regarding our veterans, the base- nating such discourse. When the time a supermajority to consider them, and closing commission, all of that discus- comes tomorrow, I ask my colleagues there is little or no likelihood they sion would be precluded from having a to vote against cloture to end debate would ever have any chance of being final consideration if, in fact, cloture is on this important piece of legislation. even considered by this body. to be invoked. I am not a member of this com- I do not understand that. I do not The Presiding Officer, when queried mittee. And I commend the distin- quite understand the logic that would whether these amendments would fall, guished chairman from Virginia and suggest somehow we ought to so trun- properly responded that you would the ranking member from Michigan cate this debate that these very impor- have to see the amendment before you and the other members of this com- tant amendments would not be consid- could make a categorical statement. mittee who have worked tirelessly to ered or at least potentially not be con- But for those who have been through bring this bill to the floor. sidered. There are a number of amend- these amendments and examined In my more than 20 years as a Mem- ments being offered on the Base Re- whether they would survive ber of this body, I can tell you, histori- alignment and Closure Commission postcloture, the conclusion has been cally, the Defense authorization bill that has been formed. that this list of amendments, including has come up at about this time, and I know the Presiding Officer, like many more that I have in front of me, has generally been subject to between this Senator, has more than a passing would not survive a postcloture envi- five and ten days of unlimited debate interest in what happens with the Base ronment. over its amendments. From the time Closure commission. Facilities in both I urge my colleagues, regardless of that John Stennis was the chairman of of our States are listed for closure. how you may feel about these amend- the Armed Services Committee to the There are those of us who have deep ments, give this body a chance to do its

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.092 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8819 job. Otherwise, by closing off the de- important issues. Is it wise for us to be wars on two fronts while staying pre- bate, we deprive our members and the shutting down major military facilities pared to mobilize against threats that American people of critically impor- at a time of war? Would it not be wiser have not yet emerged? If you don’t tant discourse at a time when our na- maybe to delay those decisions a few have that debate on this bill, when do tion is at war. months to determine whether we truly you have it? If you don’t authorize it, Throughout my tenure here, I do not are going to need these facilities in the you can’t appropriate it. If you can’t ever recall a debate that would last coming months? That is a legitimate appropriate it, then we never can de- about a day and a half on a Defense au- debate to occur. When else is it going cide whether that end strength ought thorization bill, particularly when our to occur if not on this bill? When can it to be increased. Again, there may be troops were engaged in combat overcome up? After September 8, when the those who will offer very strong argu- seas. Some of the best debates I have decisions are made, when we are al- ments against the Lieberman amend- ever witnessed as a Member of this ready just coming back from an August ment about why we don’t need to in- body have occurred on the Defense au- break and people look back and say, crease the end strength, but let’s have thorization bill because the chairs of Why didn’t you raise it then, why the debate and let’s have the vote, if this committee, Republicans and didn’t you debate it on the floor of Sen- you think it is important. I believe it Democrats, have insisted that author- ate to let the American public know is. ization bill be considered by this body what the choices ought to be? I feel strongly about this and many in its entirety. We made better deci- If we cut off this debate, I am told other issues. Some have suggested that sions because we had those debates that those amendments that would there will be those who will be accused about the direction in which our coun- deal with the Base Closure Commission of being not patriotic if they appear to try ought to go. would not be allowed under a be having an extended debate on the Arguing over the wisdom of certain postcloture environment. Defense authorization bill. I think just weapons systems, arguing over whether I think that is an important debate. the opposite. It is unpatriotic not to we ought to be involved in certain mili- Our colleagues may decide to vote have the debate. Not unlimited debate, tary conflicts, it has been educational against those amendments, may decide not debate that goes on forever, but is for the country. they are all wrong, but at least give us it unlimited debated to go on for the And in the end, no other issue was a chance to be heard and to vote up or next 2 or 3 days to discuss this issue more important than those impacting down on whether you think it is the which is in the headlines every day we our troops deployed in harm’s way. We right time to close these facilities. pick up the paper? Terrorists attacking have lost somewhere between 1,700 and Certainly, when it comes to veterans’ the transit system in London, hotels in 2,000 of our men and women in uniform, benefits and some of the other issues Egypt. We find soldiers dying from sui- battling in Iraq and Afghanistan. It is that my colleagues are offering—Sen- cide bombers every day. What could be for them and their families that we ator DORGAN from North Dakota wants more important than this subject mat- ought to continue to take into serious to form a special committee dealing ter, to be discussing how best to pre- consideration the various amendments with contracting. Lord knows, given pare our troops and our country for proposed to support their operations at the amount of waste and abuse that what needs to be done to support our home and abroad. there have been reports of that have veterans when they come back from What matter could possibly trump occurred, that certainly is a good these conflicts? the importance of having a full debate amendment, in my view. I think we It is unpatriotic to cut off the debate. about the national security needs of probably ought to have such a com- The patriotic thing to do is to have a our country? I can’t think of another mittee to determine whether taxpayer good discussion, a good civil debate subject matter that is more important money is being wasted. That amend- over the important issues that con- than this one. Allowing this body to be ment, I am told, would fall. front our country when it comes to the heard on these issues is the patriotic Senator KENNEDY and Senator FEIN- Defense authorization. I commend the thing to do. It would be unpatriotic to STEIN want to offer an amendment on chairman of the committee for insist- cut off debate prematurely. There dealing with the robust nuclear earth ing that there be a debate on the De- should be a time certain on final pas- penetrator. We have had a good debate fense authorization bill. That is the sage and not to delay going on end- here. I listened intently to both sides great tradition of this committee. It is lessly in this discussion. But these are as they argued the wisdom of having one of the few committees that is an important amendments my colleagues that system or not. I am told that authorizing committee that insists have drafted. amendment would fall as well. That is every year that there be a Defense au- I have no amendment on this list. I an important debate to have, regard- thorization bill. I commend every am a cosponsor of a couple of them. less of your view. We ought to be de- member of that committee for insist- But I have no matter that I am insist- bating the wisdom of that weapons sys- ing that we take the time to do it. I ing be brought up here. But there are tem. If that debate does not occur here, wish other authorizing committees others here who do have amendments where does it occur, if not on the De- were insistent as well so that we would that ought to be heard. But I would fense authorization bill? Is it unpatri- have these debates about policy before hope that the leadership would ask to otic to have a debate about a weapons deciding on the appropriations levels. vitiate the cloture vote, work out the system that will cost millions and mil- That is the way it ought to proceed. arrangements we traditionally do here lions of dollars when there are strong My commendations to Senators WAR- so that amendments could be brought feelings on both sides? If we cut off NER and LEVIN and other members of up and debated and discussed in a rea- that debate, we will never have an op- the committee. I thank them for giving sonable amount of time, and try to portunity to understand the wisdom of us the opportunity to at least discuss limit the number of amendments so we having a system or not having that these matters tonight. don’t have duplication. system. Every year we have had a good de- I hope this evening as the leadership It is not my intention to go down and bate on Defense authorization. Armed considers its game plan for tomorrow list every single one of these amend- Services is one of the few committees and the coming days, they will decide ments that I am told would fall. My that insist upon it. I wish others did as that the Defense authorization bill colleague from Connecticut, would like well. It is the way we are supposed to ought to be the business of the day, of to propose an amendment increasing proceed. every day this week to finish this de- Army end strength, he is offering that It is the tradition of this great body bate and to do so in the kind of spirit amendment with several of our col- to have good discussions, educate our that I think is warranted, when Mem- leagues. That is a very important constituents about the difficult choices bers of both bodies get a chance to amendment. That is a very important with not unlimited resources. Where do fully debate and discuss the impor- debate, for it gets to the core of the we go? What do we invest in? How far tance of these issues. readiness of the American Armed do we go in helping veterans and in the We ought to have a debate about the Forces. What is the appropriate per- support structures we need? That de- Base Closure Commission. There are sonnel level for our forces to both fight bate occurs because there has been a

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.093 S25JYPT1 S8820 CONGRESSIONAL RECORD — SENATE July 25, 2005 tradition in the committee of insisting The chairman is very much aware of ance. If a subcontractor does not per- that we have that discussion. I hope, as the tradition of this committee be- form or is substandard in its perform- I said in the absence of the chairman, cause he has been part of it and sup- ance, the prime is responsible. If a sub- we have a reasonable amount of time portive of it for so long. The tradition contractor quits or is dismissed, the this week—call for a time certain on the Senator from Connecticut talks prime must find a substitute. Assum- Thursday or Friday, whenever it would about is tradition which is plenty deep, ing this management role, and more occur, to end debate and come to final but it is also law. I think we are the importantly, the risk, is one of the rea- passage. only committee which, by law, must sons for the time and management con- Why don’t we stay in tomorrow night pass an authorization bill. So that tra- tract and the blended payment ar- and Wednesday night later than we dition is embodied in the law itself. rangement. normally retire here, and we can come There is one little statistic, and this Of particular concern to me about in a bit earlier. Say you have an hour is something the Senator from Con- the Levin amendment is its potential or half an hour for debate on amend- necticut feels in his bones is true. But impact on small business. The proposed ment. Let’s have that good discussion. I want to give a statistic to support amendment would be counter to the The country would be better for it, that passion and feeling that has been President’s mandate to promote small and our men and women in uniform de- so beautifully expressed by the Senator business participation in government serve it. They want to know where we from Connecticut. Last year, the first acquisitions by de-incentivizing prime are and where we are going. There is no cloture motion was filed on the 11th contractors from engaging subcontrac- vehicle other than the Defense author- day of debate. This year, it was the be- tors—most of whom are small busi- ization bill for us to have that kind of ginning of the second day. The second nesses—in the fulfillment of their con- discussion and to consider these impor- cloture motion, because the first tracts. tant amendments. It has been the his- wasn’t adopted last year, was filed Finally, Mr. President, I am told that tory of this great body, and I hope it after 15 days of debate and after 148 the administration is about to initiate will continue to be after tomorrow. amendments were considered. That is a rule making to revise how time and And I would suggest, that at a time how important this bill is. So look at a materials contracts are managed. Fed- when this Nation is engaged in a war longer period of time—a 10-year aver- eral contracting is a very complex on terrorism, it is important that we age. The average length of time for the process which is best resolved through take as much care as possible to con- first filing of cloture on a Defense au- a thorough review among all the par- sider these critically important mat- thorization bill during that 10-year pe- ties and through the regulatory proc- ters. riod is the fifth day of debate, and the ess. If there are abuses, I am the first I thank the Chair. second filing is on the ninth day of de- to stand and say that they should be Mr. WARNER. Mr. President, may I bate. So we have always historically, stopped. But it is very difficult for the assure our colleague and others who and by law, taken a reasonable period Senate today to understand fully the have expressed an interest, Senator of time—a week or 2 weeks—to debate implications of the Levin amendment LEVIN and I are working toward those this bill because of its importance to and whether it will even resolve any al- ends. I take full responsibility for the the country. leged abuses in contracting. concept of the cloture. It has achieved, As I was saying a moment ago, the I would like to work with Senator a significant result thus far. We have chairman is very much aware of this LEVIN and others to encourage the ad- up to 240 amendments. Another 18 tradition. He embodies it. He has ministration to issue its proposed rule amendments are pending at the desk fought for it. The Defense authoriza- promptly, put it out for comment so with rollcalls requested. So the Senate tion bill should have due consideration, that all the impacted parties would is actively participating. I assure you I and I know he will do what he can in have the opportunity to comment. If am going to meet with my leader—and the next 24 hours to see if we cannot the Senate continues to have concerns I respect his judgment—first thing in work out something that would allow once the rule making is completed, the morning. I will explore the options some critically important amendments that is the appropriate time for us to that are available with him. I thank to be considered. act. my colleague. I thank the chairman for that and I I ask unanimous consent that several Mr. DODD. Mr. President, I thank thank the Senator from Connecticut. letters I received on this subject be the chairman. Mr. WARNER. Mr. President, we printed in the RECORD. The PRESIDING OFFICER. The Sen- have labored together these 27 years. There being no objection, the mate- ator from Michigan is recognized. This, too, shall be overcome in one way rial was ordered to be printed in the Mr. LEVIN. While Senators DODD and or another. I thank my friend from RECORD, as follows: WARNER are on the floor, let me first Connecticut. I am impressed with the PROFESSIONAL SERVICES COUNCIL, thank Senator DODD for the passion he enthusiasm he expressed at this hour of JULY 25, 2005. brought to this issue. This sounds like the night. Hon. JOHN WARNER, a process issue. It is not a process Mr. DODD. I thank my friend. Enthu- Chairman, Committee on Armed Services, Sen- issue. These are life-and-death issues siasm at any hour of the night is appre- ate, Washington, DC. we are debating. These are war issues DEAR MR. CHAIRMAN: As the Senate con- ciated. tinues with its debate on S. 1042, the fiscal and how do we support our troops and Mr. WARNER. Mr. President, I rise year 2006 National Defense Authorization their families issues. These are issues to express concerns about the Levin Act, we understand that Senator LEVIN may of whether there will be benefits for amendment related to Federal time offer an amendment to dictate the method families who have lost loved ones in and material contracts. for pricing time and materials and labor- war. These are issues of whether bases The proposed amendment would di- hour (T&M) contracts and subcontracts on will be closed, issues of nuclear weap- rect that when prime contractor en- Defense Department contracts and purchases ons, and issues of whether we are going gages a subcontractor to augment the through non-defense agencies. On behalf of to go down the road of new nuclear delivery of hours under a time and ma- the Professional Services Council (PSC), I am writing to urge you to oppose the amend- weapons use at the same time we are terials contract, the prime should be ment in its current form. trying to persuade the world not to go entitled to be reimbursed only at the PSC is the leading national trade associa- down that road. price the subcontractor is billing the tion that represents more than 185 compa- These are the most vital issues we prime. nies of all business sizes providing profes- can possibly face as a people. I com- I want to bring to the attention of sional and technical services to virtually mend the chairman. He is, in good the Senate the rational for the pricing every agency of the federal government, in- faith, going to attempt to see if we of these time and materials contracts. cluding information technology, engineer- cannot find a way we can have a rea- The prime contractor must locate, ne- ing, logistics, operations and maintenance, consulting, international development, sci- sonable few days of debate before this gotiate and obtain the subcontractors entific environmental and social sciences. debate is closed off, so we can consider with whom he performs the contract We strongly disagree with the character- the important amendments that have and assume the risk associated with ization contained in the amendment’s title been filed. his and the subcontractors perform- that it is necessary to limit ‘‘excess

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.095 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8821 charges.’’ Nothing in the DCAA work or in prime contractors offering total solutions to The use of a single rate per category, eases the contract negotiation process supports the government. No prime will accept the administration, increases contractor risk the allegation that there are ‘‘excess work of subcontractors if they cannot prop- and opportunity, and provides labor at com- charges’’ on these T&M contracts. Further- erly price risk and yet still be held account- mercially competitive rates. If the Govern- more, if the Levin amendment was adopted, able for total performance. The losers will ment truly believes that the use of subcon- we believe it would significantly restrict de- probably be the small- to mid-size businesses tractor specific rates is necessary, the solu- fense agencies’ flexibilities to select the best that are now flourishing, since the integration is already available through the use of contract type to meet its mission needs. The tors will do the work themselves at possibly a cost type contract. amendment will also directly affect prime higher rates. The government will have to If enacted, this amendment would slow contractor-subcontractor relationships, par- take on the additional role of the systems in- proposal preparation and submission to a ticularly where the agency’s procurement tegrator and then contract separately with crawl, as no competent prime contractor will needs are addressed through a task order these smaller firms. conclude a T&M contract containing subcon- under an existing multiple-award contract or While the Levin amendment allows initial tractor costs until the subcontractor is se- through purchases from the GSA schedules. subcontractor rates to be included with some lected and costs are fully-priced. It could also particularly affect small busi- overhead and profit considerations, addi- The amendment would limit contractor ness subcontractors and the ability of prime tional future subcontractors could only be flexibility to cope promptly with changed contractors to manage those subcontracts, added at their labor rates, thus not allowing circumstances without processing a contract as well as a contractor’s ability to meet ex- the prime to price for risk and overhead. The modification. Changed circumstances in- isting small business subcontracting require- prime contractors, however, would still be clude unanticipated surges in requirements ments. held responsible for their performance. Since to react to an emergent situation necessi- Finally, because the amendment applies to many of these contracts run 3 to 5 years or tating the hiring of subcontract personnel, new task orders under already awarded con- more, this would be very disruptive for fed- the need to substitute for a poor performing tracts, all of the government’s approved pric- eral contractors. Also, the amendment seems subcontractor listed in the contract, and the ing agreements would have to be renegoti- to go into effect immediately, so that con- need to add a subcontractor to meet small ated to adopt the regulatory changes that tracts already in place could be affected. The business goals. would flow from the legislative prescription. IT industry is very dynamic with new busi- The legislation is silent on how a con- This is a significant administrative task for nesses entering the market. The Levin tractor would be reimbursed if it reacted to the department and would significantly slow Amendment would freeze the contract to the an emergent situation by using subcon- up new work under these task orders until original participants and take away the tracted effort, to the benefit of the Govern- these actions can be completed. flexibility of adding new technology to gov- ment, when the subcontractor’s rates are not Over a year ago, the Defense Contract ernment contracts. listed in the contract. Some labor hour con- Audit Agency (DCAA) identified a potential To summarize the situation, the prime tracts extend over multiple years and have ambiguity between provisions in the Federal contractor serves the same role as the gen- goals for the utilization of small and small Acquisition Regulation and the terms and eral contractor when building a new house. disadvantaged businesses, all of which may conditions of T&M type contracts, particu- It is the company’s role to guarantee that a not be known at the time of contract award. larly under the GSA Schedules program. total solution is provided by managing the This requirement would inhibit changing Since then, both DCAA and GSA have been subcontractors, overseeing the delivery of from one subcontractor to another subcon- meeting to resolve the matter. This discus- supplies, and thus presenting the homeowner tractor for underperformance. The con- sion should be allowed to continue to timely with a completed building. This amendment tractor would potentially have to propose resolution. In addition, the Federal Acquisi- singles out future subcontractors and applies the new subcontractor to the contracting of- tion Regulation (FAR) Council is reviewing different pricing rules to them while still ficer and have the appropriate rate included proposed clarifications to the FAR and that holding the prime contractor responsible for in the contract before the change could be process would, importantly and appro- the total project. made. This would be particularly problem- priately, provide an opportunity for public We urge your opposition to the Levin atic for contractors working in a deployed comment on any changes. We strongly en- Amendment. situation where completion/delivery may di- courage the Senate to not preclude the regu- Sincerely, rectly impact mission success and the safety/ latory process from considering the full im- HARRIS N. MILLER, welfare of military personnel. plications of this important contracting President. matter. IMPACT ON COMMERCIAL PRACTICES We appreciate the importance of trans- COMMENTS ON TIME AND MATERIALS CONTRACT The proposed legislation fails to exclude parency in the contracting process and be- AMENDMENT ‘‘commercial’’ T&M purchases. Commercial lieve it can be accomplished through appro- RISK AND SMALL BUSINESS IMPACTS pricing is not cost-based but is market driv- priate administrative policies and contract en. The legislation would require that cer- This is a problem more for the small to negotiations. The Levin amendment would tain elements of cost plus profit be included medium size service firms that have to use be a step in the wrong direction. in the specified rates. Commercial contrac- significant subcontract labor to obtain the Thank you for your attention to this mat- tors will be reluctant or refuse not propose appropriate expertise. Larger firms will opt ter. If you have any questions or need any elements of cost which would seem to be re- to self-perform rather than subcontract for additional information, please do not hesi- quired by the proposed legislation. labor, which will serve to reduce subcontract tate to call Alan Chvotkin, PSC’s senior vice This revision would preclude the use of opportunities. In the final analysis, it is the president and counsel, or me. We can be commercial T&M contracts which was spe- SB/SDB that will be impacted. reached at (703) 875–8059. cifically authorized by legislation just last The proposed amendment would not allow Sincerely, year. STAN SOLOWAY, prime contractor risk to be added to the sub- OTHER CONCERNS President. contractor rate. This likely will militate against using T&M subcontracts in favor of Section (d)(2), which applies the require- ITAA, cost type contracts. This may be a problem ment retroactively to task or delivery orders July 25, 2005. for subcontractors that do not have CAS under existing contracts, may be unconstitu- U.S. Senate, compliant systems that would be required tional under Winstar. (Supreme Court case Washington, DC. under cost reimbursable contracts. This that ruled that Congress cannot change laws would probably impact commercial sources that will affect contracts retroactively.) ATTENTION: VOTE TODAY ON LEVIN AMEND- and small businesses the most. MENT TO S. 1042, DOD AUTHORIZATION BILL AMENDMENT NO. 1425 ADMINISTRATIVE BURDEN DEAR SENATOR: possible as early as this Mr. LEVIN. Mr. President, there is afternoon, Senator CARL LEVIN, (D–MI) will Most large services contracts over the last one more matter. I was handed this. On offer an amendment to S. 1042, the Defense few years have included large teams of sub- behalf of Senator HARKIN, I ask unani- Authorization Bill, which will be detri- contractors (20 + companies). There will be a mous consent that the pending amend- large administrative burden to the Govern- mental to federal contractors pursuing Time ment be laid aside so an amendment of & Material contracts, especially small and ment (and the contractor) if each subcon- mid-sized businesses working as subcontrac- tractor labor category must be billed out at his relating to the Armed Forces net- tors. a separate rate. This will require extensive work could be introduced at this time. The government uses Time & Material con- invoice reconciliation. Also, as subcontrac- The PRESIDING OFFICER. Without tracts when outcomes are open ended and tors are added to the team over time for spe- objection, it is so ordered. therefore difficult to price accurately. The cific requirements a new set of rates will be The clerk will report. Levin amendment requires prime contrac- required to be negotiated and added to the The legislative clerk read as follows: tors to ‘‘pass through’’ subcontractor rates contract. Since the Government is likely to The Senator from Michigan [Mr. LEVIN], to the government, with no allowance for be reluctant to negotiate and administer for Mr. HARKIN and Mr. DORGAN, proposes an risk or overhead. multiple sets of rates, primes will retain ITAA believes that this amendment is very more work in house and small business par- amendment numbered 1425. harmful in that it undermines the concept of ticipation will be reduced. The amendment is as follows:

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.051 S25JYPT1 S8822 CONGRESSIONAL RECORD — SENATE July 25, 2005 At the end of subtitle A of title IX, add the out the duties of the Ombudsman under that he would be continually chal- following: paragraph (3). lenged and surely would face dangerous SEC. 903. AMERICAN FORCES NETWORK. (5) INDEPENDENCE.—The Secretary shall assignments when he signed up for this (a) MISSION.—The American Forces Net- take appropriate actions to ensure the com- premier fighting organization. He was work (AFN) shall provide members of the plete independence of the Ombudsman and the Office of the Ombudsman of the Amer- a stellar example of today’s elite war- Armed Forces, civilian employees of the De- riors that are upholding the values of partment of Defense, and their families sta- ican Forces Network within the Department tioned outside the continental United States of Defense. freedom and democracy around the and at sea with the same type and quality of (6) ANNUAL REPORTS.— world. American radio and television news, infor- (A) IN GENERAL.—The Ombudsman shall Daniel graduated from Exeter High mation, sports, and entertainment as is submit to the Secretary of Defense and the School in 1986, and answered the call to available in the continental United States. congressional defense committees each year serve our great Nation when he en- (b) POLITICAL PROGRAMMING.— a report on the activities of the Office of the listed in the Navy on June 5, 1990. He (1) FAIRNESS AND BALANCE.—All political Ombudsman of the American Forces Net- attended Basic Underwater Demolition/ work during the preceding year. programming of the American Forces Net- SEAL School and Basic Airborne (B) AVAILABILITY TO PUBLIC.—The Ombuds- work shall be characterized by its fairness School from 1991–1992, and then was as- and balance. man shall make available to the public each signed to SEAL Delivery Vehicle Team (2) FREE FLOW OF PROGRAMMING.—The report submitted under subparagraph (A) American Forces Network shall provide in through the Internet website of the Office of ONE for four years. After attending a its programming a free flow of political pro- the Ombudsman of the American Forces Net- year of extensive language training in gramming from United States commercial work and by such other means as the Om- California, Daniel was assigned to and public radio and television stations. budsman considers appropriate. SEAL Delivery Team TWO in 1998 and (c) OMBUDSMAN OF THE AMERICAN FORCES Mr. LEVIN. Mr. President, this was most recently stationed in Pearl NETWORK.— amendment relates to the Armed Harbor, HI, again with SEAL Delivery (1) ESTABLISHMENT.—There is hereby estab- Forces network. It is provided in this Team ONE. Daniel dutifully and con- lished the Office of the Ombudsman of the amendment that the Armed Forces American Forces Network. fidently led a training platoon in sub- (2) HEAD OF OFFICE.— network would provide members of the merged delivery vehicles. He was de- (A) OMBUDSMAN.—The head of the Office of Armed Forces, civilian employees of ployed to the Middle East in March of the Ombudsman of the American Forces Net- the Defense Department, and their 2005, for what should have been a six- work shall be the Ombudsman of the Amer- families stationed outside of the conti- month tour. Tragically, on June 28, ican Forces Network (in this subsection re- nental U.S. and at sea with the same 2005, Daniel made the ultimate sac- ferred to as the ‘‘Ombudsman’’), who shall be type and quality of American radio and rifice for this great Nation. Daniel and appointed by the Secretary of Defense. television news, information, sports, 16 other service members were killed (B) QUALIFICATIONS.—Any individual nomi- and entertainment that is available in nated for appointment to the position of Om- while conducting combat operations budsman shall have recognized expertise in the continental U.S. There are other when the MH–47 helicopter that they the field of mass communications, print provisions about fairness, balance, free were aboard crashed in the vicinity of media, or broadcast media. flow of programming, et cetera. I am Asadabad, Afghanistan in Kumar Prov- (C) PART-TIME STATUS.—The position of not familiar with the details. ince. Ombudsman shall be a part-time position. I yield the floor. Throughout his career, Daniel earned (D) TERM.—The term of office of the Om- f a series of awards which testify to the budsman shall be five years. dedication and devotion he held for his (E) REMOVAL.—The Ombudsman may be re- MORNING BUSINESS fellow SEALS, the Navy, and his coun- moved from office by the Secretary only for Mr. WARNER. Mr. President, I ask malfeasance. try. Daniel’s hard work and persever- unanimous consent that there now be a (3) DUTIES.— ance contributed greatly to his unit’s (A) IN GENERAL.—The Ombudsman shall en- period of morning business with Sen- successes and placed him among many sure that the American Forces Network ad- ators permitted to speak therein for up of the great heroes and citizens that heres to the standards and practices of the to 10 minutes each. have paid the ultimate price for their Network in its programming. The PRESIDING OFFICER. Without country. Daniel was recognized (B) PARTICULAR DUTIES.—In carrying out objection, it is so ordered. throughout his distinguished career by the duties of the Ombudsman under this f receiving the Navy/Marine Corps paragraph, the Ombudsman shall— (i) initiate and conduct, with such fre- HONORING OUR ARMED FORCES Achievement Medal, Joint Meritorious quency as the Ombudsman considers appro- Unit Award, Meritorious Unit Com- CHIEF PETTY OFFICER DANIEL R. HEALY priate, reviews of the integrity, fairness, and mendation, three Good Conduct Med- balance of the programming of the American Mr. GREGG. Mr. President, I rise als, and three National Defense Service Forces Network; today to remember and honor Senior Medals. He also attended the Basic Air- (ii) initiate and conduct, upon the request Chief Petty Officer Daniel Healy of Ex- borne School and was a graduate of of Congress or members of the audience of eter, NH for his service and supreme language training at the Defense Lan- the American Forces Network, reviews of the sacrifice for his country. guage Institute, Monterey, CA. programming of the Network; Daniel exhibited a willingness and Daniel was truly an exceptional spe- (iii) identify, pursuant to reviews under enthusiasm to serve and defend his clause (i) or (ii) or otherwise, circumstances cial operations warrior with more than in which the American Forces Network has country by joining the United States 15 years of service and an unparalleled not adhered to the standards and practices of Navy. He was dedicated to a cause dedication to serve his county and fel- the Network in its programming, including much greater than himself, dem- low Navy SEALs. Daniel was also a circumstances in which the programming of onstrated by his decision to join the noble and selfless family man, being a the Network lacked integrity, fairness, or U.S. Navy SEALs, one of the most compassionate husband and father of balance; and challenging, rigorous, and elite fight- four. He leaves behind a family proud (iv) make recommendations to the Amer- ing organizations in the history of the of all that he had accomplished ican Forces Network on means of correcting world. Navy SEALs are named after the lack of adherence identified pursuant to throughout his distinguished life and clause (iii). the environment in which they oper- career in the military. His valor and (C) LIMITATION.—In carrying out the duties ate, the Sea, Air, and Land, and are the service cost him his life, but his sac- of the Ombudsman under this paragraph, the foundation of Naval Special Warfare rifice will live on forever among the Ombudsman may not engage in any pre- combat forces. They are organized, many dedicated heroes this Nation has broadcast censorship or pre-broadcast review trained and equipped to conduct a vari- sent abroad to defend freedom. of the programming of the American Forces ety of Special Operations missions in My condolences and prayers go out to Network. all operational environments. SEAL Daniel’s family, and I offer them my (4) RESOURCES.—The Secretary of Defense training is extremely demanding, both deepest sympathies and most heartfelt shall provide the Office of the Ombudsman of the American Forces Network such per- mentally and physically, and produces thanks for the service, sacrifice, and sonnel and other resources as the Secretary the world’s best maritime warriors example of their Navy SEAL, Senior and the Ombudsman jointly determine ap- that live by the motto of ‘‘the only Chief Petty Officer Daniel Healy. He propriate to permit the Ombudsman to carry easy day was yesterday.’’ Daniel knew was respected and admired by all those

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.047 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8823 around him, and continually performed mander, Joint Task Force Southwest House of Representatives. The House above and beyond all expectations Asia. Admiral Clark has also served as passed House Resolution 815 in honor of while in U.S. Navy. Because of his ef- the Deputy and Chief of Staff, United Andrew as the champion of the Na- forts, the liberty of this country is States Atlantic Fleet; the Director of tional Geographic World Champion- made more secure. Operations, J3 and subsequently Direc- ship. f tor of the Joint Staff. Andrew Wojtanik’s recognition for Admiral Clark assumed his duties in the Geographic Bee is well deserved. TRIBUTE TO ADMIRAL VERN peacetime on July 21, 2000. Sitting in His commitment to understanding the CLARK his office on September 11, 2001, war world helped America defend its cham- Mr. WARNER. Mr. President, I rise came to Admiral Clark’s Navy when pionship title in the 2004 National Geo- today to recognize and honor ADM American Airlines flight 77 hit the graphic Bee. Vern Clark, U.S. Navy, our 27th Chief Pentagon just a few yards from where Today, I join the United States Con- of Naval Operations, who last week he was sitting. Since that day he has gress in recognizing and paying tribute turned over the helm of the U.S. Navy skillfully led the Navy in the global to this extraordinary young American. to his successor. As former Secretary war against terrorism. Throughout this Andrew Wojtanik is a true champion, of the Navy and a member of the time, he has continued to focus on his and I ask my colleagues to join me in Armed Services Committee for 27 top five priorities manpower, current recognizing this young man for his out- years, I have worked closely with every readiness, future readiness, quality of standing achievement in the 2004 Na- Chief of Naval Operations since Admi- service and alignment. Chief among tional Geographic World Champion- ral Clark was Ensign Clark. those priorities is manpower. Admiral ship.∑ A child of the Midwest, Admiral Clark is fond of saying that the Navy is f Clark is a graduate of Evangel College winning the war for people. That is due 125TH ANNIVERSARY OF THE and holds a master’s degree in business in no small part to his leadership dur- TURNER COUNTY FAIR administration from the University of ing this difficult time. Arkansas. It is this Nation’s great for- Standing beside this officer through- ∑ Mr. JOHNSON. Mr. President, today tune that Admiral Clark heard the call out his superb career has been his wife I wish to honor and publicly recognize of the sea and attended Officer’s Can- Connie, a woman to whom he owes the 125th anniversary of the Turner didate School, receiving his commis- much. She has been his key supporter, County Fair. From August 14 through sion in August 1968. devoting her life to her husband, to her August 18, 2005, the citizens of Turner His first sea duty tour was aboard family, and to the men and women of County will gather in Parker, SD, to USS John W. Weeks, DD 701. One of the the Navy family. She has traveled by celebrate their proud past as well as first things Admiral Clark did upon as- his side for these many years visiting their hope for a promising future. suming his present post was to obtain the fleet. Her sacrifice and devotion The Turner County Fair is South Da- the picture that formally hung in the have served as an example and inspira- kota’s oldest fair, first organized by wardroom of USS John W. Weeks to re- tion for others. This team has served the Turner County Agricultural Soci- mind him of where he came from and our Navy well and we will miss them ety and held on October 13 and 14 of to keep his focus on the fleet. both. 1880. Admiral Clark has had the good for- With these words before the Senate, I Since then, the fair has grown into a tune to spend more than half of his ca- seek to recognize Admiral Clark for his major event. This year, more than reer in command. The Navy recognized unswerving loyalty to the Navy and 65,000 people are expected to visit dur- early on his potential for leadership this great Nation. We thank him and ing the 4 days of festivities, and when as a lieutenant he commanded wish Vern, his wife Connie, and his fairgoers will be treated to a rich vari- USS Grand Rapids, PG98. He would go sons Jeffery and Christopher fair winds ety of entertainment. Scheduled activi- on command USS McCloy, FF 1038, USS and following seas as they continue ties include a parade, races, concerts, a Spruance, DD 963, the Fleet Anti-Sub- forward in what will most assuredly re- carnival, a livestock show, and a rodeo. marine Training Center Atlantic, De- main lives of service to our country. The fair will end with a fireworks dis- stroyer Squadron One Seven, Destroyer f play that the local newspaper, the Squadron Five, Cruiser Destroyer Southeast Trumpet, has advertised as Group Three, Second Fleet, and the ADDITIONAL STATEMENTS ‘‘bigger and better than ever.’’ U.S. Atlantic Fleet. I would especially like to recognize On those rare occasions when Admi- the Turner County 4–H Club for their CONGRATULATING KANSAN ral Clark was not in command, he part in this event. Turner County 4–H ANDREW WOJTANIK served in a series of increasingly chal- has played a leading role in the fair for lenging shore assignments. He com- ∑ Mr. BROWNBACK. Mr. President, it the last 103 years and will figure promi- pleted assignments as the Special As- is a great honor for me to recognize nently again this year. The local Jay- sistant to the Director of the Systems today a young Kansan who has been cees Club, fire department, and a num- Analysis Division in the Office of the nationally recognized for his intel- ber of other community organizations Chief of Naval Operations, the Admin- ligence and outstanding participation also deserve recognition for their par- istrative Assistant to the Deputy Chief in the 16th annual National Geographic ticipation in organizing and producing of Naval Operations, Surface Warfare, World Championship Geography Bee in this event. and as the Administrative Aide to the Budapest, Hungary. Andrew Wojtanik, For 125 years, the Turner County Vice Chief of Naval Operations. He of Overland Park, KS, won gold for the Fair has brought citizens together to served as head of the Cruiser-Destroyer 2004 National Geographic Bee, and has celebrate their heritage, their commu- Combat Systems Requirements Section also published a book, called Afghani- nities, and their shared hopes. It is in- and Force Anti-Submarine Warfare Of- stan to Zimbabwe: Country Facts that deed a privilege for me to officially rec- ficer for the Commander, Naval Sur- Helped Me Win the National Geo- ognize its anniversary today, and to face Force, U.S. Atlantic Fleet, and he graphic Bee. wish the citizens of Turner County an- directed the Joint Staff’s Crisis Action Then 14-year old-Andrew was among other 125 years of prosperity and happi- Team for Desert Shield and Desert three young Americans to compete ness.∑ Storm. against over 5 million students from all f Admiral Clark first hoisted his flag over the world. In preparation for the 5 aboard the U.S. Transportation Com- day world championship, Andrew com- JUNKO CUSHMAN mand where he was Director of both piled a 432-page study guide with infor- ∑ Mr. KERRY. Mr. President, I wish to Plans and Policy, J5 and Financial mation on 193 countries around the submit to the record the following res- Management and Analysis, J8. While world. After Andrew’s guide was pub- olution regarding the passing of Junko commanding the Carl Vinson Battle lished by National Geographic Society, Cushman. Beloved by all her friends Group, he deployed to the Arabian Gulf he was congratulated by the United and neighbors, Junko always found and later served as the Deputy Com- States Congress on the floor of the time to serve her community. Whether

VerDate Aug 04 2004 03:31 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.020 S25JYPT1 S8824 CONGRESSIONAL RECORD — SENATE July 25, 2005 working to bring arts and culture to (The nominations received today are 21, 2005; to the Committee on Foreign Rela- her community, or improving the qual- printed at the end of the Senate pro- tions. ity of healthcare, Junko always showed ceedings.) EC–3138. A communication from the Execu- tive Secretary and Chief of Staff, U.S. Agen- uncommon passion and determination f cy for International Development, transmit- in her efforts. She discovered very ting, pursuant to law, the report of a va- young that the key to a fulfilling life is MESSAGE FROM THE HOUSE cancy in the position of USAID, Office of the a life of helping others. Junko’s com- At 7:28 p.m., a message from the General Counsel, received on July 21, 2005; to munity may be weaker for her loss, but House of Representatives, delivered by the Committee on Foreign Relations. is no doubt stronger for her service. It Mr. Hays, one of its reading clerks, an- EC–3139. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- is my privilege to honor her on the nounced that the House has passed the Senate floor today. ment of State, transmitting, pursuant to the following bills, without amendment: Case-Zablocki Act, 1 U.S.C. 112b, the report The resolution follows: S. 571. An act to designate the facility of of the texts and background statements of Whereas, the passing, at 60, of a distin- the United States Postal Service located at international agreements, other than trea- guished California resident, Junko Cushman, 1915 Fulton Street in Brooklyn, New York, as ties; to the Committee on Foreign Relations. whose good deeds earned her the respect and the ‘‘Congresswoman Shirley A. Chisholm EC–3140. A communication from the Chief, admiration of her colleagues and the count- Post Office Building’’. Regulations Management, Veterans Benefits less individuals whose lives she touched, S. 775. An act to designate the facility of Administration, Department of Veterans Af- brought immense sorrow and loss to people the United States Postal Service located at fairs, transmitting, pursuant to law, the re- throughout the state; and 123 W. 7th Street in Ho1denville, Oklahoma, port of a rule entitled ‘‘Presumptions of Whereas, although she never sought atten- as the ‘‘Boone Pickens Post Office’’. Service Connection for Diseases Associated tion, Junko Cushman’s natural sense of style The message also announced that the with Service Involving Detention or Intern- and hands-on commitment to charitable ment as a Prisoner of War’’ (RIN2900–AM09) causes were impossible to overlook; and House has passed the following bills, in received on July 21, 2005; to the Committee Whereas, a Japanese-born San Diegan, she which it requests the concurrence of on Veterans’ Affairs. entertained with international flair, excelled the Senate: EC–3141. A communication from the Acting at multicultural floral arrangements, and H.R. 3070. An act to reauthorize the human Director, Division for Strategic Human Re- took a leadership role in the Union of Pan space flight, aeronautics, and science pro- sources Policy, Office of Personnel Manage- Asian Communities; and grams of the National Aeronautics and Space ment, transmitting, pursuant to law, the re- Whereas, Mrs. Cushman served as chair- Administration, and for other purposes. port of a rule entitled ‘‘Changes in Health woman of events benefiting the San Diego H.R. 3199. An act to extend and modify au- Benefits Enrollment’’ (RIN3206–AK04) re- Museum of Art and the Arthritis Foundation thorities needed to combat terrorism, and ceived on July 21, 2005; to the Committee on and had been on the boards of the Old Globe for other purposes. Homeland Security and Governmental Af- Theatre, San Diego Foundation, and The message further announced that fairs. Burnham Cancer Institute; and EC–3142. A communication from the Sec- Whereas, Mrs. Cushman dedicated her time the House has agreed to the following retary of Health and Human Services, trans- and service to San Diego State University’s concurrent resolution, in which it re- mitting, pursuant to law, the report of a rule Japanese Cultural Fair in Balboa Park; and quests the concurrence of the Senate: entitled ‘‘The Feasibility of Using Preferred Whereas, in 1987, Mrs. Cushman served as H. Con. Res. 128. Concurrent resolution ex- Provider Organization (PPO) Networks to Chairwoman of a Union of Pan Asian Com- pressing the sense of Congress that the Gov- Reduce the Costs of Acquiring Eyeglasses for munities dinner dance on Harbor Island and, ernment of the Russian Federation should Medicare Beneficiaries Following Cataract in 1989, she played a similar role for the Ar- issue a clear and unambiguous statement of Surgery’’ to the Committee on Finance. thritis Foundation; and admission and condemnation of the illegal EC–3143. A communication from the Regu- Whereas, Over the years, Mrs. Cushman occupation and annexation by the Soviet lations Officer, Office of Disability and In- has shown her strong support for California’s Union from 1940 to 1991 of the Baltic coun- come Security Programs, Social Security political system through her affiliation with tries of Estonia, Latvia, and Lithuania. Administration, transmitting, pursuant to the Democratic Party; and law, the report of a rule entitled ‘‘Technical Whereas, in 1989, Mrs. Cushman and her f Revisions to the Supplemental Security In- husband, Larry, were honored for their com- MEASURES REFERRED come (SSI) Regulations on Income and Re- munity service at a Meals on Wheels dinner sources’’ (RIN0960–AE79) received on July 21, dance; and The following bill was read the first 2005; to the Committee on Finance. Whereas, born in Nagano, Japan, and and the second times by unanimous EC–3144. A communication from the Regu- raised in Tokyo, Mrs. Cushman graduated consent, and referred as indicated: lations Officer, Social Security Administra- tion, transmitting, pursuant to law, the re- from the prominent Tamagawa High School H.R. 3070. An act to reauthorize the human port of a rule entitled ‘‘Continuation of Ben- and, at age 19, she moved to Los Angeles, space flight, aeronautics, and science pro- efit Payments to Certain Individuals Who California, where she studied English for two grams of the National Aeronautics and Space Are Participating in a Program of Voca- years before returning to Japan; and Administration, and for other purposes; to tional Rehabilitation Services, Employment Whereas, she leaves to mourn her passing the Committee on Commerce, Science, and Services, or Other Support Services’’ and celebrate her legacy her husband; Larry; Transportation. her brother, Hisato Hara; her stepdaughters, (RIN0960–AF86) received on July 21, 2005; to Diane Cushman and Janice Ziegler; her The following concurrent resolution the Committee on Finance. grandson, Zachary; her two granddaughters, was read, and referred as indicated: EC–3145. A communication from the Regu- Ashley and Sarah; her niece Mari; and her H. Con. Res. 128. Concurrent resolution ex- lations Officer, Social Security Administra- nephew Yasuto; now, therefore, be it pressing the sense of Congress that the Gov- tion, transmitting, pursuant to law, the re- Resolved by Assembly Member Juan Vargas, ernment of the Russian Federation should port of a rule entitled ‘‘Revised Medical Cri- That he expresses his deepest regret at the issue a clear and unambiguous statement of teria for Evaluating Genitourinary Impair- passing of Junko Cushman, and extends his admission and condemnation of the illegal ments’’ (RIN0906–AF30) received on July 21, heartfelt sympathy to her bereaved family occupation and annexation by the Soviet 2005; to the Committee on Finance. and friends.∑ Union from 1940 to 1991 of the Baltic coun- EC–3146. A communication from the Acting Chief, Publications and Regulations Branch, f tries of Estonia, Latvia, and Lithuania; to the Committee on Foreign Relations. Internal Revenue Service, transmitting, pur- MESSAGES FROM THE PRESIDENT suant to law, the report of a rule entitled f Messages from the President of the ‘‘July–September 2005 Bond Factor Amounts’’ (Rev. Rul. 2005–44) received on United States were communicated to EXECUTIVE AND OTHER July 21 2005; to the Committee on Finance. the Senate by Ms. Evans, one of his COMMUNICATIONS EC–3147. A communication from the Acting secretaries. The following communications were Chief, Publications and Regulations Branch, f laid before the Senate, together with Internal Revenue Service, transmitting, pursuant to law, the report of a rule entitled EXECUTIVE MESSAGES REFERRED accompanying papers, reports, and doc- ‘‘Student/Teacher Claims for Exemption uments, and were referred as indicated: As in executive session the PRE- from Withholding Tax’’ (Rev. Proc. 2005–44) SIDING OFFICER laid before the Sen- EC–3137. A communication from the Execu- received on July 21, 2005; to the Committee tive Secretary and Chief of Staff, U.S. Agen- on Finance. ate messages from the President of the cy for International Development, transmit- EC–3148. A communication from the Acting United States submitting sundry nomi- ting, pursuant to law, the report of a va- Chief, Publications and Regulations Branch, nations which were referred to the ap- cancy and a nomination for the position of Internal Revenue Service, transmitting, pur- propriate committees. Assistant Administrator, received on July suant to law, the report of a rule entitled

VerDate Aug 04 2004 04:43 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.019 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8825 ‘‘Applicable Federal Rates—August 2005’’ law, the report of a rule entitled ‘‘Price Com- and Administrative Law, Department of (Rev. Rul. 2005–54) received on July 21, 2005; petitive Sale of Strategic Petroleum Reserve Housing and Urban Development, transmit- to the Committee on Finance. Petroleum; Standard Sales Provisions’’ ting, pursuant to law, the report of action on EC–3149. A communication from the Acting (RIN1901–AB15) received on July 21, 2005; to a nomination for the position of Assistant Chief, Publications and Regulations Branch, the Committee on Energy and Natural Re- Secretary for Housing/Federal Housing Com- Internal Revenue Service, transmitting, pur- sources. missioner, received on July 21, 2005; to the suant to law, the report of a rule entitled EC–3158. A communication from the Attor- Committee on Banking, Housing, and Urban ‘‘Modification of Notice 2005–51’’ (Notice ney, Office of Legislation and Regulatory Affairs. 2005–57) received on July 21, 2005; to the Com- Law, Office of Science, Department of En- EC–3168. A communication from the Dep- mittee on Finance. ergy, transmitting, pursuant to law, the re- uty General Counsel for Equal Opportunity EC–3150. A communication from the Dep- port of a rule entitled ‘‘Policy on Research and Administrative Law, Department of uty Executive Director, Pension Benefit Misconduct’’ (RIN1901–AA89) received on Housing and Urban Development, transmit- Guaranty Corporation, transmitting, pursu- July 21, 2005; to the Committee on Energy ting, pursuant to law, the report of a va- ant to law, the report of a rule entitled and Natural Resources. cancy in the position of Director, Office of ‘‘Benefits Payable in Terminated Single-Em- EC–3159. A communication from the Gen- Federal Housing Enterprise Oversight, re- ployer Plans; Allocation of Assets in Single- eral Counsel, Federal Energy Regulatory ceived on July 21, 2005; to the Committee on Employer Plans; Interest Assumptions for Commission, transmitting, pursuant to law, Banking, Housing, and Urban Affairs. Valuing and Paying Benefits’’ (29 CFR Parts the report of a rule entitled ‘‘Revision of EC–3169. A communication from the Coun- 4022 and 4044) received on July 21 2005; to the FERC Form No. 73, Oil Pipeline Data Filing sel for Legislation and Regulations, Office of Committee on Health, Education, Labor, and Instructions RM05–14–000’’ received on July Housing, Department of Housing and Urban Pensions. 21, 2005; to the Committee on Energy and Development, transmitting, pursuant to law, EC–3151. A communication from the Direc- Natural Resources. the report of a rule entitled ‘‘Up-Front Mort- tor, Regulations Policy and Management EC–3160. A communication from the Ad- gage Insurance Premiums for Loans Insured Staff, Food and Drug Administration, De- ministrator, Foreign Agricultural Service, Under Sections 203(k) and 234(c) of the Na- partment of Health and Human Services, Department of Agriculture, transmitting, tional Housing Act’’ ((RIN2502–AH82) (FR– transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled 4749–F–02)) received July 21, 2005; to the Com- a rule entitled ‘‘Food Additives Permitted ‘‘Emerging Markets Program’’ (RIN0551– mittee on Banking, Housing, and Urban Af- for Direct Addition to Food for Human Con- AA62) received on July 21, 2005; to the Com- fairs. sumption; Vitamin D3’’ (Docket No. 2003F– mittee on Agriculture, Nutrition, and For- EC–3170. A communication from the Gen- 0370) received on July 21, 2005; to the Com- estry. eral Counsel, Federal Emergency Manage- mittee on Health, Education, Labor, and EC–3161. A communication from the Con- ment Agency, Department of Homeland Se- Pensions. gressional Review Coordinator, Animal and curity, transmitting, pursuant to law, the re- EC–3152. A communication from the Direc- Plant Health Inspection Service, Department port of a rule entitled ‘‘Changes in Flood tor, Regulations Policy and Management of Agriculture, transmitting, pursuant to Elevation Determinations’’ (Docket No. Staff, Food and Drug Administration, De- law, the report of a rule entitled ‘‘Highly FEMA–D–7573; 44 CFR 65) received on July 21, partment of Health and Human Services, Pathogenic Avian Influenza; Additional Re- 2005; to the Committee on Banking, Housing, transmitting, pursuant to law, the report of strictions’’ (APHIS Docket No. 04–011–3) re- and Urban Affairs. a rule entitled ‘‘Electronic Products; Per- ceived on July 21, 2005; to the Committee on EC–3171. A communication from the Gen- formance Standard for Diagnostic X-Ray Agriculture, Nutrition, and Forestry. eral Counsel, Federal Emergency Manage- Systems and Their Major Components’’ EC–3162. A communication from the Ad- ment Agency, Department of Homeland Se- ((RIN0910–AC34) (Docket No. 2001N–0275)) re- ministrator, Risk Management Agency, De- curity, transmitting, pursuant to law, the received on July 21, 2005; to the Committee on partment of Agriculture, transmitting, pur- port of a rule entitled ‘‘Changes in Flood Health, Education, Labor, and Pensions. suant to law, the report of a rule entitled Elevation Determinations 70 FR 35540’’ (44 EC–3153. A communication from the Direc- ‘‘Common Crop Insurance Regulations; Nurs- CFR 65) received on July 21, 2005; to the Com- tor, Regulations Policy and Management ery Crop Insurance Provisions’’ (RIN0563– mittee on Banking, Housing, and Urban Af- Staff, Food and Drug Administration, De- AB80) received on July 21, 2005; to the Com- fairs. partment of Health and Human Services, mittee on Agriculture, Nutrition, and For- EC–3172. A communication from the Gen- transmitting, pursuant to law, the report of estry. eral Counsel, Federal Emergency Manage- a rule entitled ‘‘Medical Devices; Medical EC–3163. A communication from the Acting ment Agency, Department of Homeland Se- Device Reporting; Confirmation of Effective Administrator, Food Safety and Inspection curity, transmitting, pursuant to law, the re- Date’’ (Docket No. 2004N–0527) received on Service, Department of Agriculture, transport of a rule entitled ‘‘Changes in Flood July 21, 2005; to the Committee on Health mitting, pursuant to law, the report of a rule Elevation Determinations’’ (Docket No. Education, Labor, and Pensions. entitled ‘‘Termination of Designation of the FEMA–B–7452; 44 CFR 65) received on July 21, EC–3154. A communication from the Direc- State of North Dakota with Respect to the 2005; to the Committee on Banking, Housing, tor, Regulations Policy and Management Inspection of Poultry Products’’ (RIN0583– and Urban Affairs. Staff, Food and Drug Administration, De- AD13) received on July 21, 2005; to the Com- EC–3173. A communication from the Gen- partment of Health and Human Services, mittee on Agriculture, Nutrition, and For- eral Counsel, Federal Emergency Manage- transmitting, pursuant to law, the report of estry. ment Agency, Department of Homeland Se- a rule entitled ‘‘Food Additives Permitted EC–3164. A communication from the Acting curity, transmitting, pursuant to law, the re- for Direct Addition to Food for Human Con- Chief Financial Officer, Department of the port of a rule entitled ‘‘Changes in Flood sumption; Vitamin D3’’ (Docket No. 2002F– Treasury, transmitting, pursuant to law, the Elevation Determinations’’ (Docket No. 0160) received on July 21, 2005; to the Com- Department’s Fleet Alternative Fuel Vehicle FEMA–P–7644; 44 CFR 65) received on July 21, mittee on Health, Education, Labor, and Acquisition Report for Fiscal Year 2004; to 2005; to the Committee on Banking, Housing, Pensions. the Committee on Banking, Housing and and Urban Affairs. EC–3155. A communication from the Sec- Urban Affairs. EC–3174. A communication from the Gen- retary of Energy, transmitting, pursuant to EC–3165. A communication from the Chair- eral Counsel, Federal Emergency Manage- law, a report concerning storage at the De- man and President, Export-Import Bank of ment Agency, Department of Homeland Se- partment’s Savannah River Site, located the United States, transmitting, pursuant to curity, transmitting, pursuant to law, the re- near Aiken, South Carolina; to the Com- law, a report of transactions involving export of a rule entitled ‘‘Final Flood Ele- mittee on Energy and Natural Resources. ports to New Zealand; to the Committee on vation Determinations’’ (70 FR 35542) re- EC–3156. A communication from the Sec- Banking, Housing, and Urban Affairs. ceived on July 21, 2005; to the Committee on retary of Energy, transmitting, pursuant to EC–3166. A communication from the Acting Banking, Housing, and Urban Affairs. law, a report entitled ‘‘U.S. Department of Under Secretary for Domestic Finance, De- EC–3175. A communication from the Gen- Energy Fleet Alternative Fuel Vehicle Ac- partment of the Treasury, transmitting, pur- eral Counsel, Federal Emergency Manage- quisition Report’’; to the Committee on En- suant to law, the annual report on the Reso- ment Agency, Department of Homeland Se- ergy and Natural Resources. lution Funding Corporation for the calendar curity, transmitting, pursuant to law, the re- EC–3157. A communication from the Attor- year 2004; to the Committee on Banking, port of a rule entitled ‘‘Final Flood Ele- ney, Office of Legislation and Regulatory Housing, and Urban Affairs. vation Determinations’’ (70 FR 37054) re- Law, Strategic Petroleum Reserve, Depart- EC–3167. A communication from the Dep- ceived on July 21, 2005; to the Committee on ment of Energy, transmitting, pursuant to uty General Counsel for Equal Opportunity Banking, Housing, and Urban Affairs.

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.056 S25JYPT1 S8826 CONGRESSIONAL RECORD — SENATE July 25, 2005 EC–3176. A communication from the Acting S. Res. 208. A resolution commemorating their unique military record, which in- Chief Counsel, Office of Foreign Assets Con- the 25th anniversary of the National Citi- spired revolutionary reform in the trol, Department of the Treasury, transmit- zens’ Crime Prevention Campaign; to the Armed Forces. ting, pursuant to law, the report of a rule en- Committee on the Judiciary. titled ‘‘31 CFR Chapter V, Appendix A’’ re- By Mr. CONRAD (for himself and Mr. S. 397 ceived on July 21, 2005; to the Committee on MCCAIN): At the request of Mr. CRAIG, the Banking, Housing, and Urban Affairs. S. Res. 209. A resolution to strengthen fis- name of the Senator from West Vir- f cal responsibility by improving Senate con- ginia (Mr. BYRD) was added as a co- sideration of conference reports; to the Com- sponsor of S. 397, a bill to prohibit civil REPORTS OF COMMITTEES mittee on Rules and Administration. liability actions from being brought or The following reports of committees By Mr. FRIST (for himself and Mr. continued against manufacturers, dis- REID): were submitted: S. Res. 210. A resolution expressing sym- tributors, dealers, or importers of fire- By Mr. ENZI, from the Committee on pathy for the people of Egypt in the after- arms or ammunition for damages, in- Health, Education, Labor, and Pensions, math of the deadly terrorist attacks on junctive or other relief resulting from with an amendment in the nature of a sub- Sharm el-Sheik, Egypt on July 23, 2005; con- the misuse of their products by others. stitute: sidered and agreed to. S. 457 S. 1420. A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to med- f At the request of Ms. COLLINS, the name of the Senator from Hawaii (Mr. ical device user fees (Rept. No. 109–107). ADDITIONAL COSPONSORS AKAKA) was added as a cosponsor of S. f S. 7 457, a bill to require the Director of the INTRODUCTION OF BILLS AND At the request of Mr. KYL, the name Office of Management and Budget to JOINT RESOLUTIONS of the Senator from Mississippi (Mr. issue guidance for, and provide over- The following bills and joint resolu- LOTT) was added as a cosponsor of S. 7, sight of, the management of micropur- tions were introduced, read the first a bill to increase American jobs and chases made with Governmentwide and second times by unanimous con- economic growth by making perma- commercial purchase cards, and for sent, and referred as indicated: nent the individual income tax rate re- other purposes. By Mr. MARTINEZ: ductions, the reduction in the capital S. 470 S. 1477. A bill to make funds generated gains and dividend tax rates, and the At the request of Mr. DODD, the form the Caribbean National Forest in the repeal of the estate, gift, and genera- names of the Senator from Illinois (Mr. Commonwealth of Puerto Rico available to tion-skipping transfer taxes. DURBIN) and the Senator from Iowa the Secretary of Agriculture for land acqui- S. 151 (Mr. HARKIN) were added as cosponsors sition intended to protect the integrity of At the request of Mr. COLEMAN, the of S. 470, a bill to amend the Public the buffer zone surrounding the Caribbean National Forest, and for other purposes; to name of the Senator from Maine (Ms. Health Service Act to expand the clin- the Committee on Agriculture, Nutrition, COLLINS) was added as a cosponsor of S. ical trials drug data bank. and Forestry. 151, a bill to amend title 38, United S. 512 By Mr. DOMENICI: States Code, to require an annual plan At the request of Mr. SANTORUM, the S. 1478. A bill to amend the Higher Edu- on outreach activities of the Depart- names of the Senator from Pennsyl- cation Act of 1965 regarding the definition of ment of Veterans Affairs. vania (Mr. SPECTER) and the Senator a high need local educational agency, the S. 246 definition of a Hispanic-serving institution, from Maine (Ms. COLLINS) were added and the 2-year wait out period for certain At the request of Mr. BUNNING, the as cosponsors of S. 512, a bill to amend grant recipients; to the Committee on names of the Senator from Utah (Mr. the Internal Revenue Code of 1986 to Health, Education, Labor, and Pensions. HATCH) and the Senator from Georgia classify automatic fire sprinkler sys- By Mr. DODD (for himself and Mr. (Mr. ISAKSON) were added as cosponsors tems as 5-year property for purposes of SANTORUM): of S. 246, a bill to repeal the sunset of depreciation. S. 1479. A bill to provide for the expansion the Economic Growth and Tax Relief S. 558 of Federal efforts concerning the prevention, Reconciliation Act of 2001 with respect education, treatment, and research activities At the request of Mr. REID, the name related to Lyme and other tick-borne dis- to the expansion of the adoption credit of the Senator from Minnesota (Mr. eases, including the establishment of a Tick- and adoption assistance programs. DAYTON) was added as a cosponsor of S. Borne Diseases Advisory Committee; to the S. 319 558, a bill to amend title 10, United Committee on Health, Education, Labor, and At the request of Mr. DOMENICI, the States Code, to permit certain addi- Pensions. name of the Senator from Iowa (Mr. tional retired members of the Armed f HARKIN) was added as a cosponsor of S. Forces who have a service-connected SUBMISSION OF CONCURRENT AND 319, a bill to amend the Public Health disability to receive both disability SENATE RESOLUTIONS Service Act to revise the amount of compensation from the Department of minimum allotments under the Veterans Affairs for their disability The following concurrent resolutions Projects for Assistance in Transition and either retired pay by reason of and Senate resolutions were read, and from Homelessness program. their years of military service or Com- referred (or acted upon), as indicated: S. 372 bat-Related Special compensation and By Mr. HARKIN (for himself, Mr. KEN- At the request of Mr. LEAHY, the to eliminate the phase-in period under NEDY, Mr. HATCH, Mr. REID, Mrs. name of the Senator from California current law with respect to such con- CLINTON, Mr. DEWINE, Mr. JEFFORDS, current receipt. Mr. MCCAIN, Mr. CHAFEE, Mr. LAU- (Mrs. FEINSTEIN) was added as a co- TENBERG, Mr. SMITH, Ms. MIKULSKI, sponsor of S. 372, a bill to amend the S. 828 Mrs. DOLE, Mr. DURBIN, Mr. LEVIN, Internal Revenue Code of 1986 to pro- At the request of Mr. HARKIN, the Mr. LIEBERMAN, Mrs. BOXER, Ms. COL- vide that a deduction equal to fair mar- names of the Senator from Washington LINS, Ms. STABENOW, Mr. OBAMA, Mr. ket value shall be allowed for chari- (Mrs. MURRAY) and the Senator from AKAKA, Mr. SALAZAR, Mr. DAYTON, table contributions of literacy, musi- New Jersey (Mr. LAUTENBERG) were Mr. BINGAMAN, Mr. WYDEN, Mr. cal, artistic, or scholarly compositions added as cosponsors of S. 828, a bill to PRYOR, Mr. BIDEN, Mr. FEINGOLD, Mr. REED, Mr. ISAKSON, Mr. JOHNSON, Mr. created by the donor. enhance and further research into pa- NELSON of Florida, Mr. BROWNBACK, S. 392 ralysis and to improve rehabilitation Mr. BURR, Ms. SNOWE, Mr. MARTINEZ, At the request of Mr. LEVIN, the and the quality of life for persons liv- Ms. CANTWELL, Mr. VOINOVICH, Mr. names of the Senator from Mississippi ing with paralysis and other physical HAGEL, and Mr. COLEMAN): (Mr. COCHRAN) and the Senator from disabilities, and for other purposes. S. Res. 207. A resolution recognizing and Mississippi (Mr. LOTT) were added as S. 914 honoring the 15th anniversary of the enactment of the Americans with Disabilities Act cosponsors of S. 392, a bill to authorize At the request of Mr. ALLARD, the of 1990; considered and agreed to. the President to award a gold medal on name of the Senator from Michigan By Mr. SPECTER (for himself and Mr. behalf of Congress, collectively, to the (Ms. STABENOW) was added as a cospon- LEAHY): Tuskegee Airmen in recognition of sor of S. 914, a bill to amend the Public

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.057 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8827 Health Service Act to establish a com- (Mr. COCHRAN) and the Senator from of the Small Business Administration petitive grant program to build capac- Alaska (Mr. STEVENS) were added as co- to establish a pilot program to provide ity in veterinary medical education sponsors of S. 1191, a bill to establish a regulatory compliance assistance to and expand the workforce of veterinar- grant program to provide innovative small business concerns, and for other ians engaged in public health practice transportation options to veterans in purposes. and biomedical research. remote rural areas. S. 1414 S. 1014 S. 1308 At the request of Mr. BENNETT, his At the request of Ms. SNOWE, the At the request of Mr. BAUCUS, the name was added as a cosponsor of S. name of the Senator from Georgia (Mr. names of the Senator from Alaska (Mr. 1414, a bill to provide for the conduct of ISAKSON) was added as a cosponsor of S. STEVENS), the Senator from West Vir- a study of the suitability and feasi- 1014, a bill to provide additional relief ginia (Mr. ROCKEFELLER), the Senator bility of establishing the Trail of the for small business owners ordered to from New York (Mr. SCHUMER) and the Ancients National Heritage Area in the active duty as members of reserve com- Senator from Indiana (Mr. BAYH) were Four Corners region of the States of ponents of the Armed Forces, and for added as cosponsors of S. 1308, a bill to Utah, Colorado, Arizona, and New Mex- other purposes. establish an Office of Trade Adjust- ico. S. 1081 ment Assistance, and for other pur- At the request of Mr. DOMENICI, his At the request of Mr. KYL, the name poses. name was added as a cosponsor of S. of the Senator from Nebraska (Mr. S. 1309 1414, supra. At the request of Mr. BINGAMAN, his NELSON) was added as a cosponsor of S. At the request of Mr. BAUCUS, the 1081, a bill to amend title XVIII of the names of the Senator from Maine (Ms. name was added as a cosponsor of S. 1414, supra. Social Security Act to provide for a SNOWE), the Senator from New Jersey At the request of Mr. ALLARD, his minimum update for physicians’ serv- (Mr. CORZINE), the Senator from West name was added as a cosponsor of S. ices for 2006 and 2007. Virginia (Mr. ROCKEFELLER), the Sen- 1414, supra. S. 1089 ator from New Mexico (Mr. BINGAMAN), At the request of Mr. AKAKA, the the Senator from Massachusetts (Mr. S. 1429 At the request of Mrs. MURRAY, the name of the Senator from Wisconsin KENNEDY), the Senator from Massachu- names of the Senator from Massachu- (Mr. FEINGOLD) was added as a cospon- setts (Mr. KERRY), the Senator from setts (Mr. KERRY) and the Senator from sor of S. 1089, a bill to establish the Na- Michigan (Ms. STABENOW) and the Sen- Louisiana (Ms. LANDRIEU) were added tional Foreign Language Coordination ator from Indiana (Mr. BAYH) were Council to develop and implement a added as cosponsors of S. 1309, a bill to as cosponsors of S. 1429, a bill to amend foreign language strategy, and for amend the Trade Act of 1974 to extend the Higher Education Act of 1965 to as- other purposes. the trade adjustment assistance pro- sist homeless students in obtaining S. 1110 gram to the services sector, and for postsecondary education, and for other At the request of Mr. ALLARD, the other purposes. purposes. S. RES. 104 name of the Senator from New Mexico S. 1321 (Mr. DOMENICI) was added as a cospon- At the request of Mr. FEINGOLD, the At the request of Mr. SANTORUM, the name of the Senator from Colorado sor of S. 1110, a bill to amend the Fed- name of the Senator from Georgia (Mr. eral Hazardous Substances Act to re- (Mr. SALAZAR) was added as a cospon- CHAMBLISS) was added as a cosponsor of sor of S. Res. 104, a resolution express- quire engine coolant and antifreeze to S. 1321, a bill to amend the Internal ing the sense of the Senate encour- contain a bittering agent in order to Revenue Code of 1986 to repeal the ex- aging the active engagement of Ameri- render the coolant or antifreeze cise tax on telephone and other com- cans in world affairs and urging the unpalatable. munications. S. 1158 Secretary of State to take the lead and S. 1380 At the request of Mr. KENNEDY, the coordinate with other governmental At the request of Mr. VITTER, the name of the Senator from Connecticut agencies and non-governmental organi- name of the Senator from Ohio (Mr. (Mr. DODD) was added as a cosponsor of zations in creating an online database DEWINE) was added as a cosponsor of S. S. 1158, a bill to impose a 6-month mor- of international exchange programs 1380, a bill to eliminate unsafe railway- atorium on terminations of certain and related opportunities. road grade crossings, to enhance rail- plans instituted under section 4042 of S. RES. 198 road safety through new safety tech- the Employee Retirement Income Se- At the request of Ms. MIKULSKI, the nology, safety inspections, accident in- curity Act of 1974 in cases in which re- names of the Senator from Georgia vestigations, and for other purposes. organization of contributing sponsors (Mr. ISAKSON) and the Senator from is sought in bankruptcy or insolvency S. 1405 Alaska (Ms. MURKOWSKI) were added as proceedings. At the request of Mr. NELSON of Ne- cosponsors of S. Res. 198, a resolution S. 1172 braska, the names of the Senator from commemorating the 25th anniversary At the request of Mr. SPECTER, the Illinois (Mr. DURBIN) and the Senator of the 1980 worker’s strike in Poland names of the Senator from Massachu- from New Mexico (Mr. BINGAMAN) were and the birth of the Solidarity Trade setts (Mr. KENNEDY), the Senator from added as cosponsors of S. 1405, a bill to Union, the first free and independent Maine (Ms. COLLINS) and the Senator extend the 50 percent compliance trade union established in the Soviet- from Maine (Ms. SNOWE) were added as threshold used to determine whether a dominated countries of Europe. cosponsors of S. 1172, a bill to provide hospital or unit of a hospital is an in- AMENDMENT NO. 1313 for programs to increase the awareness patient rehabilitation facility and to At the request of Mr. INHOFE, the and knowledge of women and health establish the National Advisory Coun- name of the Senator from Wyoming care providers with respect to cil on Medical Rehabilitation. (Mr. ENZI) was added as a cosponsor of gynecologic cancers. S. 1408 amendment No. 1313 proposed to S. S. 1179 At the request of Mr. SMITH, the 1042, an original bill to authorize ap- At the request of Mr. KENNEDY, the name of the Senator from New York propriations for fiscal year 2006 for name of the Senator from New Jersey (Mrs. CLINTON) was added as a cospon- military activities of the Department (Mr. LAUTENBERG) was added as a co- sor of S. 1408, a bill to strengthen data of Defense, for military construction, sponsor of S. 1179, a bill to amend title protection and safeguards, require data and for defense activities of the De- XVIII of the Social Security Act to en- breach notification, and further pre- partment of Energy, to prescribe per- sure that benefits under part D of such vent identity theft. sonnel strengths for such fiscal year title have no impact on benefits under S. 1411 for the Armed Forces, and for other other Federal programs. At the request of Ms. SNOWE, the purposes. S. 1191 name of the Senator from Georgia (Mr. AMENDMENT NO. 1337 At the request of Mr. SALAZAR, the ISAKSON) was added as a cosponsor of S. At the request of Mr. REID, the name names of the Senator from Mississippi 1411, a bill to direct the Administrator of the Senator from Minnesota (Mr.

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.060 S25JYPT1 S8828 CONGRESSIONAL RECORD — SENATE July 25, 2005 DAYTON) was added as a cosponsor of tions for fiscal year 2006 for military of Defense, for military construction, amendment No. 1337 intended to be pro- activities of the Department of De- and for defense activities of the De- posed to S. 1042, an original bill to au- fense, for military construction, and partment of Energy, to prescribe per- thorize appropriations for fiscal year for defense activities of the Depart- sonnel strengths for such fiscal year 2006 for military activities of the De- ment of Energy, to prescribe personnel for the Armed Forces, and for other partment of Defense, for military con- strengths for such fiscal year for the purposes. struction, and for defense activities of Armed Forces, and for other purposes. AMENDMENT NO. 1433 the Department of Energy, to prescribe AMENDMENT NO. 1415 At the request of Mr. LIEBERMAN, the personnel strengths for such fiscal year At the request of Mr. KENNEDY, the names of the Senator from New Jersey for the Armed Forces, and for other name of the Senator from Maryland (Mr. LAUTENBERG) and the Senator purposes. (Ms. MIKULSKI) was added as a cospon- from Delaware (Mr. BIDEN) were added AMENDMENT NO. 1345 sor of amendment No. 1415 proposed to as cosponsors of amendment No. 1433 At the request of Ms. COLLINS, the S. 1042, an original bill to authorize ap- intended to be proposed to S. 1042, an names of the Senator from Massachu- propriations for fiscal year 2006 for original bill to authorize appropria- setts (Mr. KENNEDY) and the Senator military activities of the Department tions for fiscal year 2006 for military from Maryland (Mr. SARBANES) were of Defense, for military construction, activities of the Department of De- added as cosponsors of amendment No. and for defense activities of the De- fense, for military construction, and 1345 intended to be proposed to S. 1042, partment of Energy, to prescribe per- for defense activities of the Depart- an original bill to authorize appropria- sonnel strengths for such fiscal year ment of Energy, to prescribe personnel tions for fiscal year 2006 for military for the Armed Forces, and for other strengths for such fiscal year for the activities of the Department of De- purposes. Armed Forces, and for other purposes. fense, for military construction, and AMENDMENT NO. 1418 AMENDMENT NO. 1435 for defense activities of the Depart- At the request of Mr. BUNNING, his At the request of Ms. STABENOW, the ment of Energy, to prescribe personnel name was added as a cosponsor of names of the Senator from Hawaii (Mr. strengths for such fiscal year for the amendment No. 1418 proposed to S. AKAKA), the Senator from Washington Armed Forces, and for other purposes. 1042, an original bill to authorize ap- (Mrs. MURRAY), the Senator from Min- AYTON AMENDMENT NO. 1348 propriations for fiscal year 2006 for nesota (Mr. D ), the Senator from At the request of Mrs. MURRAY, the military activities of the Department Florida (Mr. NELSON), the Senator from name of the Senator from Massachu- of Defense, for military construction, New Jersey (Mr. LAUTENBERG), the Sen- setts (Mr. KENNEDY) was added as a co- and for defense activities of the De- ator from Colorado (Mr. SALAZAR), the sponsor of amendment No. 1348 pro- partment of Energy, to prescribe per- Senator from Arkansas (Mrs. LINCOLN) posed to S. 1042, an original bill to au- sonnel strengths for such fiscal year and the Senator from New Jersey (Mr. thorize appropriations for fiscal year for the Armed Forces, and for other CORZINE) were added as cosponsors of 2006 for military activities of the De- purposes. amendment No. 1435 proposed to S. 1042, an original bill to authorize ap- partment of Defense, for military con- AMENDMENT NO. 1422 propriations for fiscal year 2006 for struction, and for defense activities of At the request of Mr. SALAZAR, the military activities of the Department the Department of Energy, to prescribe names of the Senator from New Mexico of Defense, for military construction, personnel strengths for such fiscal year (Mr. BINGAMAN) and the Senator from and for defense activities of the De- for the Armed Forces, and for other Washington (Mrs. MURRAY) were added partment of Energy, to prescribe per- purposes. as cosponsors of amendment No. 1422 sonnel strengths for such fiscal year AMENDMENT NO. 1369 proposed to S. 1042, an original bill to for the Armed Forces, and for other At the request of Mr. DAYTON, the authorize appropriations for fiscal year purposes. names of the Senator from Washington 2006 for military activities of the De- (Mrs. MURRAY) and the Senator from partment of Defense, for military con- f New Jersey (Mr. LAUTENBERG) were struction, and for defense activities of STATEMENTS ON INTRODUCED added as cosponsors of amendment No. the Department of Energy, to prescribe BILLS AND JOINT RESOLUTIONS 1369 intended to be proposed to S. 1042, personnel strengths for such fiscal year By Mr. DOMENICI: an original bill to authorize appropria- for the Armed Forces, and for other S. 1478. A bill to amend the Higher tions for fiscal year 2006 for military purposes. Education Act of 1965 regarding the activities of the Department of De- AMENDMENT NO. 1423 definition of a high need local edu- fense, for military construction, and At the request of Mr. SALAZAR, the cational agency, the definition of a for defense activities of the Depart- names of the Senator from Connecticut Hispanic-serving institution, and the 2- ment of Energy, to prescribe personnel (Mr. LIEBERMAN) and the Senator from year wait out period for certain grant strengths for such fiscal year for the Georgia (Mr. CHAMBLISS) were added as recipients; to the Committee on Armed Forces, and for other purposes. cosponsors of amendment No. 1423 pro- Health, Education, Labor, and Pen- AMENDMENT NO. 1402 posed to S. 1042, an original bill to au- sions. At the request of Mr. AKAKA, the thorize appropriations for fiscal year Mr. DOMENICI. Mr. President, the name of the Senator from Wisconsin 2006 for military activities of the De- Higher Education Act of 1965 was (Mr. FEINGOLD) was added as a cospon- partment of Defense, for military con- signed into law for the purpose of in- sor of amendment No. 1402 intended to struction, and for defense activities of creasing access to higher education for be proposed to S. 1042, an original bill the Department of Energy, to prescribe all citizens of the United States and to to authorize appropriations for fiscal personnel strengths for such fiscal year strengthen the capacity of higher edu- year 2006 for military activities of the for the Armed Forces, and for other cation institutions to better serve Department of Defense, for military purposes. their communities. The reauthoriza- construction, and for defense activities AMENDMENT NO. 1425 tion of the Higher Education Act dur- of the Department of Energy, to pre- At the request of Mr. HARKIN, the ing the 109th Congress presents a pow- scribe personnel strengths for such fis- names of the Senator from Illinois (Mr. erful opportunity for the Nation to ad- cal year for the Armed Forces, and for OBAMA), the Senator from Maryland dress the higher education needs of our other purposes. (Ms. MIKULSKI), the Senator from Con- constituencies and it is for this reason AMENDMENT NO. 1410 necticut (Mr. DODD), the Senator from that I rise today to introduce the Im- At the request of Mrs. FEINSTEIN, the New Jersey (Mr. LAUTENBERG) and the proving Educational Opportunities for names of the Senator from New Jersey Senator from Massachusetts (Mr. KEN- All Act. This bill will make changes to (Mr. LAUTENBERG) and the Senator NEDY) were added as cosponsors of definitions located within title II, from Indiana (Mr. BAYH) were added as amendment No. 1425 proposed to S. teacher quality enhancement grants, cosponsors of amendment No. 1410 in- 1042, an original bill to authorize ap- and title V, the development institu- tended to be proposed to S. 1042, an propriations for fiscal year 2006 for tions sections of the Higher Education original bill to authorize appropria- military activities of the Department Act.

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.062 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8829 When the Higher Education Act was an unnecessary bureaucratic regula- I ask unanimous consent that the reauthorized in 1998, Congress re- tion that constrains Hispanic serving text of the bill be printed in the sponded to the Nation’s critical need institutions abilities to implement pro- RECORD. for high-quality teachers by creating grams designed to provide long range There being no objection, the bill was grants to help States invest in the resolutions to Hispanic higher education ordered to be printed in the RECORD, as cruitment, preparation, licensing, and challenges. Currently, there are no follows: support of teachers. Title II of the Government authorized means to col- S. 1478 Higher Education Act, the teacher lect student financial data, and, al- Be it enacted by the Senate and House of Rep- quality enhancement grants initiative, though some information can be ex- resentatives of the United States of America in encourages States to improve the qual- trapolated from student financial aid Congress assembled, ity of their teaching force through forms, it is not enough information to SECTION 1. SHORT TITLE. such reforms as strengthening teacher complete the title V forms. This Act may be cited as the ‘‘Improving certification standards; holding insti- The bill I am introducing today will Educational Opportunities for All Act’’. tutions of higher education account- improve the HSI eligibility require- SEC. 2. HIGH NEED LOCAL EDUCATIONAL AGEN- able for preparing teachers with strong ments by allowing applicants for title CY. Section 201(b)(2) of the Higher Education teaching skills and knowledge of their V funding to satisfy the 50 percent low- income Hispanic student population Act of 1965 (20 U.S.C. 1021(b)(2)) is amended— content areas; and reducing shortages (1) in subparagraph (B), by striking ‘‘or’’ of qualified teachers in high-need criterion with appropriate evidence of student eligibility for title IV, need- after the semicolon; areas. I believe that these grants have (2) in subparagraph (C), by striking the pe- based, aid. The revised title V section been very effective in meeting their riod and inserting a semicolon; and will retain the requirement that to be goals, but I also want to make sure (3) by adding at the end the following: eligible for title V funds, an institution that this money is targeted to our ‘‘(D) a high percentage of students who must have an enrollment of needy stu- highest need local education agencies. are— dents. However, rather than condi- ‘‘(i) minority students; or The changes I am proposing to title tioning grant qualification upon the ‘‘(ii) of limited English proficiency; II of the Higher Education Act will en- cumbersome requirement that institu- ‘‘(E) a rural population, as defined by the hance the definition of high need local tions prove 50 percent of their Hispanic Bureau of the Census; or education agencies to include local students are low income, it will allow ‘‘(F) a high percentage of Native American education agencies that have a high institutions to qualify for title V students.’’. percentage of students who are minor- SEC. 3. DEFINITION OF A HISPANIC-SERVING IN- money if 50 percent of the students are STITUTION. ity or of limited English proficiency, receiving need-based assistance under residing in rural areas as defined by Section 502(a)(5) of the Higher Education title IV or a substantial percentage of Act of 1965 (20 U.S.C. 1101a(a)(5)) is amend- the Bureau of Census, or have high per- the students are receiving Pell grants. ¨ ed— centages of Naıve American students. Another unnecessary regulation (1) in subparagraph (A), by inserting ‘‘and’’ Nationwide, studies show the most under title V is the minimum 2-year after the semicolon; disadvantaged children are the ones wait out period after the termination (2) in subparagraph (B), by striking ‘‘; and’’ most likely to be taught by the newest, of a grant period before eligibility to and inserting a period; and least-qualified and lowest-scoring apply for another grant. Title V’s 2- (3) by striking subparagraph (C). teachers. We need to attract good year wait out period impedes Hispanic SEC. 4. ELIMINATION OF THE 2-YEAR WAIT OUT teachers who are committed to their PERIOD FOR GRANT RECIPIENTS. Serving Institutions efforts to imple- Section 504(a) of the Higher Education Act profession, and reward teachers who ment continuing programs with long are qualified and want to teach in of 1965 (20 U.S.C. 1101c(a)) is amended— range solutions to Hispanic higher edu- (1) by striking ‘‘PERIOD.—’’ and all that fol- areas of most critical need. We need cation challenges. Eliminating the 2- lows through ‘‘The Secretary’’ and inserting teachers to be well-prepared to teach year wait out period will be of great ‘‘PERIOD.—The Secretary’’; and all students to the highest standards importance to equipping our Nation’s (2) by striking paragraph (2). and I hope that the changes I am pro- Hispanic serving institutions with the posing will help States develop and im- continuous funding that they need to By Mr. DODD (for himself and plement programs to meet these needs. best answer complex challenges. In Mr. SANTORUM): Another positive addition to the 2000, Congress eliminated the wait out S. 1479. A bill to provide for the ex- Higher Education Act, has been the period for tribally controlled colleges pansion of Federal efforts concerning creation of title V grants to developing and universities, Alaskan Native and the prevention, education, treatment, institutions. Title V of the Higher Edu- Native Hawaiian-serving institutions. and research activities related to Lyme cation Act is the primary vehicle used Historically Black colleges and univer- and other tick-borne diseases, includ- to target urgently needed funds to His- sities also do not have a wait out pe- ing the establishment of a Tick-Borne panic serving institutions, HSIs. HSI’s riod. It is now time for us to eliminate Diseases Advisory Committee; to the use grants under this section to the wait out period for Hispanic serv- Committee on Health, Education, strengthen academic quality, improve ing institutions. Labor, and Pensions. institutional management, and in- Hispanic serving institutions provide Mr. DODD. Mr. President, I ask unan- crease financial stability. These grants the quality education essential to full imous consent that the text of the bill are essential to institutions that pro- participation in today’s society. Many be printed in the RECORD. vide and increase the number of edu- students in my home State of New There being no objection, the bill was cational opportunities available to His- Mexico have benefited from the aca- ordered to be printed in the RECORD, as panic students. demic excellence that Hispanic serving follows: Under current guidelines, in order to institutions seek to provide. Title V S. 1479 qualify for a grant under title V, an in- grants are intended to provide assist- Be it enacted by the Senate and House of Rep- stitution must, have at least 25 percent ance to these less advantaged, devel- resentatives of the United States of America in full time, Hispanic undergraduate stu- oping institutions. However, by convo- Congress assembled, dent enrollment, and not less than 50 luting the application process, Con- SECTION 1. SHORT TITLE. percent of its Hispanic student popu- gress is preventing these institutions This Act may be cited as the ‘‘Lyme and lation must be low income. Title V from applying for grants and obstruct- Tick-borne Disease Prevention, Education, grants are awarded for 5 years, with a ing their development. and Research Act of 2005’’. minimum 2-year wait out period after I know that the chairman and rank- SEC. 2. FINDINGS. the termination of a grant period being member of the Health, Education, Congress makes the following findings: fore eligibility to apply for another Labor and Pensions committee have (1) Lyme disease is a common but frequently misunderstood illness that, if not grant. been working very hard on the reau- caught early and treated properly, can cause The first change I am proposing is a thorization of the Higher Education serious health problems. change to title V’s current ‘‘50 per- Act. I appreciate their efforts, and hope (2) Lyme disease is a bacterial infection cent’’ low-income assurance require- they will consider making the changes that is transmitted by a tick bite. Early ment. I believe that this requirement is I am recommending. signs of infection may include a rash and flu-

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.066 S25JYPT1 S8830 CONGRESSIONAL RECORD — SENATE July 25, 2005

like symptoms such as fever, muscle aches, (v) Representatives of State and local (1) DEVELOPMENT OF DIAGNOSTIC TESTS.— headaches, and fatigue. health departments and national organiza- Such activities include— (3) Although Lyme disease can be treated tions that represent State and local health (A) the development of sensitive and more with antibiotics if caught early, the disease professionals. accurate diagnostic tools and tests, includ- often goes undetected because it mimics (C) DIVERSITY.—In appointing members ing a direct detection test for Lyme disease other illnesses or may be misdiagnosed. Un- under this paragraph, the Secretary shall en- capable of distinguishing active infection treated, Lyme disease can lead to severe sure that such members, as a group, rep- from past infection; heart, neurological, eye, and joint problems resent a diversity of scientific perspectives (B) improving the efficient utilization of because the bacteria can affect many dif- relevant to the duties of the Committee. diagnostic testing currently available to ac- ferent organs and organ systems. (2) EX OFFICIO MEMBERS.—The Secretary count for the multiple clinical manifesta- (4) If an individual with Lyme disease does shall designate, as nonvoting, ex officio tions of both acute and chronic Lyme dis- not receive treatment, such individual can members of the Committee, representatives ease; and develop severe heart, neurological, eye, and overseeing tick-borne disease activities from (C) providing for the timely evaluation of joint problems. each of the following Federal agencies: promising emerging diagnostic methods. (5) Although Lyme disease accounts for 90 (A) The Centers for Disease Control and (2) SURVEILLANCE AND REPORTING.—Such percent of all vector-borne infections in the Prevention. activities include surveillance and reporting United States, the ticks that spread Lyme (B) The National Institutes of Health. of Lyme and other tick-borne diseases— disease also spread other diseases, such as (C) The Agency for Healthcare Research (A) to accurately determine the prevalence ehrlichiosis, babesiosis, and other strains of and Quality. of Lyme and other tick-borne disease; Borrelia. All of these diseases in 1 patient (D) The Food and Drug Administration. (B) to evaluate the feasibility of devel- makes diagnosis and treatment more dif- (E) The Office of the Assistant Secretary oping a reporting system for the collection ficult. for Health. of data on physician-diagnosed cases of (6) Studies indicate that the actual number (F) Such additional Federal agencies as the Lyme disease that do not meet the surveil- of tick-borne disease cases are approxi- Secretary determines to be appropriate. lance criteria of the Centers of Disease Con- mately 10 times the amount reported. (3) CO-CHAIRPERSONS.—The Secretary shall trol and Prevention in order to more accu- (7) Persistence of symptomatology in many designate the Assistant Secretary of Health rately gauge disease incidence; and patients without reliable testing makes as the co-chairperson of the Committee. The (C) to evaluate the feasibility of creating a treatment of patients more difficult. appointed members of the Committee shall national uniform reporting system including SEC. 3. ESTABLISHMENT OF A TICK-BORNE DIS- also elect a public co-chairperson. The public required reporting by laboratories in each EASES ADVISORY COMMITTEE. co-chairperson shall serve a 2-year term. State. (a) ESTABLISHMENT.—Not later than 180 (4) TERM OF APPOINTMENT.—The term of (3) PREVENTION.—Such activities include— days after the date of the enactment of this service for each member of the Committee (A) the provision and promotion of access Act, the Secretary of Health and Human appointed under paragraph (1) shall be 4 to a comprehensive, up-to-date clearing- Services (referred to in this Act as the ‘‘Sec- years. house of peer-reviewed information on Lyme retary’’) shall establish within the Office of (5) VACANCY.—A vacancy in the member- and other tick-borne disease; the Secretary an advisory committee to be ship of the Committee shall be filled in the (B) increased public education related to known as the Tick-Borne Diseases Advisory same manner as the original appointment. Lyme and other tick-borne diseases through Committee (referred to in this section as the Any member appointed to fill a vacancy for the expansion of the Community Based Edu- ‘‘Committee’’). an unexpired term shall be appointed for the cation Programs of the Centers for Disease (b) DUTIES.—The Committee shall advise remainder of that term. Members may serve Control and Prevention to include expansion the Secretary and the Assistant Secretary after the expiration of their terms until of information access points to the public; for Health regarding the manner in which their successors have taken office. (C) the creation of a physician education such officials can— (d) MEETINGS.—The Committee shall hold program that includes the full spectrum of (1) ensure interagency coordination and public meetings, except as otherwise deter- scientific research related to Lyme and communication and minimize overlap re- mined by the Secretary, after providing no- other tick-borne diseases; and garding efforts to address tick-borne dis- tice to the public of such meetings, and shall (D) the sponsoring of scientific conferences eases; meet at least twice a year with additional on Lyme and other tick-borne diseases, in- (2) identify opportunities to coordinate ef- meetings subject to the call of the co-chair- cluding reporting and consideration of the forts with other Federal agencies and private persons. Agenda items with respect to such full spectrum of clinically-based knowledge, organizations addressing such diseases; meetings may be added at the request of the with the first of such conferences to be held (3) ensure interagency coordination and members of the Committee, including the co- not later than 24 months after the date of en- chairpersons. Meetings shall be conducted, communication with constituency groups; actment of this Act. and records of the proceedings shall be main- (4) ensure that a broad spectrum of sci- (4) CLINICAL OUTCOMES RESEARCH.—Such ac- tained, as required by applicable law and by entific viewpoints are represented in public tivities include— regulations of the Secretary. health policy decisions and that information (A) the establishment of epidemiological (e) AUTHORIZATION OF APPROPRIATIONS.— disseminated to the public and physicians is research objectives to determine the long For the purpose of carrying out this section, balanced; and term course of illness for Lyme disease; and there is authorized to be appropriated (5) advise relevant Federal agencies on pri- (B) determination of the effectiveness of $250,000 for each of the fiscal years 2006 orities related to the Lyme and tick-borne different treatment modalities by estab- through 2009. Amounts appropriated under diseases. lishing treatment outcome objectives. the preceding sentence shall be used for the (c) AUTHORIZATION OF APPROPRIATIONS.— (c) MEMBERSHIP.— expenses and per diem costs incurred by the For the purposes of carrying out this sec- (1) APPOINTED MEMBERS.— Committee under this section in accordance tion, and for the purposes of providing for (A) IN GENERAL.—From among individuals with the Federal Advisory Committee Act, additional research, prevention, and edu- who are not officers or employees of the Fed- except that no voting member of the Com- cational activities for Lyme and other tick- eral Government, the Secretary shall ap- mittee shall be a permanent salaried em- borne diseases, there is authorized to be appoint to the Committee, as voting members, ployee. propriated $20,000,000 for each of the fiscal an equal number of individuals from each of SEC. 4. FEDERAL ACTIVITIES RELATED TO THE years 2006 through 2010. Such authorization the groups described in clauses (i) through DIAGNOSIS, SURVEILLANCE, PRE- is in addition to any other authorization of (v) of subparagraph (B). VENTION, AND RESEARCH OF LYME appropriations available for such purpose. (B) GROUPS.—The groups described in this AND OTHER TICK-BORNE DISEASES. SEC. 5. REPORTS ON LYME AND OTHER TICK- subparagraph include the following: (a) IN GENERAL.—The Secretary, acting as BORNE DISEASES. (i) Scientific community members rep- appropriate through the Director of the Cen- (a) IN GENERAL.—Not later than 18 months resenting the broad spectrum of viewpoints ters for Disease Control and Prevention, the after the date of enactment of this Act, and held within the scientific community related Director of the National Institutes of Health, annually thereafter, the Secretary shall sub- to Lyme and other tick-borne diseases. the Commissioner of Food and Drugs, and mit to Congress a report on the activities (ii) Representatives of tick-borne disease the Director of the Agency for Healthcare carried out under this Act. voluntary organizations. Research and Quality, as well as additional (b) CONTENT.—Reports under subsection (a) (iii) Health care providers, including at Federal agencies as the Secretary deter- shall contain— least 1 full-time practicing physician, with mines to be appropriate, and in consultation (1) significant activities or developments relevant experience providing care for indi- with the Tick-Borne Diseases Advisory Com- related to the surveillance, diagnosis, treat- viduals with a broad range of acute and mittee, shall provide for the coordination of ment, education, or prevention of Lyme or chronic tick-borne diseases. all Federal programs and activities related other tick-borne diseases, including sugges- (iv) Patient representatives who are indi- to Lyme and other tick-borne diseases, in- tions for further research and education; viduals who have been diagnosed with a tick- cluding the activities described in para- (2) a scientifically qualified assessment of borne disease or who have had an immediate graphs (1) through (4) of subsection (a). Lyme and other tick-borne diseases, includ- family member diagnosed with such a dis- (b) ACTIVITIES.—The activities described in ing both acute and chronic instances, related ease. this subsection are the following: to the broad spectrum of empirical evidence

VerDate Aug 04 2004 04:32 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.069 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8831 of treating physicians, as well as published abilities, required that State and local gov- Campaign, and commends all individuals and peer reviewed data, that shall include rec- ernmental entities accommodate qualified organizations involved in the campaign for ommendations for addressing research gaps individuals with disabilities, encouraged advancing the principles and practice of ef- in diagnosis and treatment of Lyme and places of public accommodation to take rea- fective crime prevention; other tick-borne diseases and an evaluation sonable steps to make their goods and serv- (2) asks the people of the United States to of treatment guidelines and their utilization; ices accessible to individuals with disabil- join in the celebration of the 25th anniver- (3) progress in the development of accurate ities, and required that new trains and buses sary of the National Citizens’ Crime Preven- diagnostic tools that are more useful in the be accessible; tion Campaign, and of the campaign’s icon clinical setting for both acute and chronic Whereas since 1990, the Americans with (McGruff the Crime Dog), and of the cam- disease; and Disabilities Act has played an historic role paign’s managing organization (National (4) the promotion of public awareness and in allowing some 54,000,000 Americans with Crime Prevention Council); and physician education initiatives to improve disabilities to participate more fully in our (3) encourages the National Crime Preven- the knowledge of health care providers and national life by removing barriers in employ- tion Council and the Crime Prevention Coa- the public regarding clinical and surveil- ment, transportation, public services, tele- lition of America to continue to promote, lance practices for Lyme disease and other communications, and public accommoda- through the National Citizens’ Crime Pre- tick-borne diseases. tions; vention Campaign, individual and collective f Whereas accommodations such as curb action, in collaboration with law enforce- cuts, ramps, accessible trains and buses, ac- ment and other supporting agencies, to re- SUBMITTED RESOLUTIONS cessible stadiums, accessible telecommuni- duce crime and build safer communities cations, and accessible Web sites have be- throughout the United States. come commonplace since passage of the Mr. SPECTER. Mr. President, I seek SENATE RESOLUTION 207—RECOG- Americans with Disabilities Act, benefitting recognition today to submit a Senate NIZING AND HONORING THE 15TH not only individuals with disabilities but all Resolution commemorating the 25th ANNIVERSARY OF THE ENACT- Americans; and anniversary of the National Citizens’ MENT OF THE AMERICANS WITH Whereas the Americans with Disabilities Crime Prevention Campaign. This ef- DISABILITIES ACT OF 1990 Act is our Nation’s landmark civil rights leg- fort is being led by the National Crime islation for people with disabilities: Now, Mr. HARKIN (for himself, Mr. KEN- therefore, be it Prevention Council, NCPC, and its NEDY, Mr. HATCH, Mr. REID, Mrs. CLIN- Resolved, That the Senate— icon, McGruff the Crime Dog. TON, Mr. DEWINE, Mr. JEFFORDS, Mr. (1) recognizes and honors the 15th anniver- NCPC is a private, nonprofit edu- MCCAIN, Mr. CHAFEE, Mr. LAUTENBERG, sary of the enactment of the Americans with cational organization. NCPC is well Mr. SMITH, Ms. MIKULSKI, Mrs. DOLE, Disabilities Act of 1990; known by the general public for coordi- (2) salutes all people whose efforts contrib- Mr. DURBIN, Mr. LEVIN, Mr. LIEBERMAN, nating the public service advertising uted to the enactment of such Act; and efforts featuring McGruff. Yet the Na- Mrs. BOXER, Ms. COLLINS, Ms. (3) encourages all Americans to celebrate STABENOW, Mr. OBAMA, Mr. AKAKA, Mr. tional Crime Prevention Council pro- the advance of freedom and the opening of vides comprehensive crime prevention SALAZAR, Mr. DAYTON, Mr. BINGAMAN, opportunity made possible by the enactment Mr. WYDEN, Mr. PRYOR, Mr. BIDEN, Mr. of such Act. technical assistance and training to communities throughout the United FEINGOLD, Mr. REED, Mr. ISAKSON, Mr. f States; develops and implements high- JOHNSON, Mr. NELSON of Florida, Mr. SENATE RESOLUTION 208—COM- ly acclaimed and innovative programs; BROWNBACK, Mr. BURR, Ms. SNOWE, Mr. MEMORATING THE 25TH ANNI- and disseminates information on effec- MARTINEZ, Ms. CANTWELL, Mr. VERSARY OF THE NATIONAL tive crime prevention practices to VOINOVICH, Mr. HAGEL, and Mr. COLE- CITIZENS’ CRIME PREVENTION thousands of individuals and organiza- MAN) submitted the following resolutions every year. The council also pub- tion; which was considered and agreed CAMPAIGN lishes books, program kits, posters, to: Mr. SPECTER (for himself and Mr. LEAHY) submitted the following resolu- and consumer education materials that S. RES. 207 can be localized by crime prevention Whereas July 26, 2005, marks the 15th anni- tion; which was referred to the Com- mittee on the Judiciary: activists everywhere. versary of the enactment of the Americans On July 1, 2005, the National Citizens’ S. RES. 208 with Disabilities Act of 1990; Crime Prevention Campaign and Whereas prior to the passage of the Ameri- Whereas crime prevention improves the McGruff the Crime Dog celebrated cans with Disabilities Act, it was common- quality of life in every community; place for individuals with disabilities to ex- Whereas crime prevention is central to their 25th anniversary. I, along with perience discrimination in all aspects of maintaining a sound criminal justice system Senator LEAHY, acknowledge this sig- their everyday lives—in employment, hous- at the national, State, and local level and to nificant milestone with a resolution ing, public accommodations, education, ensuring safer and more secure communities; that: 1. Commemorates the 25th anni- transportation, communication, recreation, Whereas 2005 marks the 25th anniversary of versary and commends all individuals voting, and access to public services; the National Citizens’ Crime Prevention and organizations involved in the Cam- Whereas prior to the passage of the Ameri- Campaign, featuring McGruff the Crime Dog, paign for advancing the principles and cans with Disabilities Act, individuals with conducted by the National Crime Prevention practices of effective crime prevention; disabilities often were the subject of stereo- Council; 2. Asks all Americans to join in the types and prejudices that did not reflect Whereas McGruff the Crime Dog is an icon, their abilities, talents, and eagerness to fully recognized as the Nation’s symbol for crime celebration of the 25th anniversary; contribute to our society and economy; prevention; and 3. Encourages the efforts of the Na- Whereas the dedicated efforts of disability Whereas the National Citizens’ Crime Pre- tional Citizens’ Crime Prevention Cam- rights advocates, such as Justin Dart, Jr. vention Campaign has inspired and directed paign to promote individual and collec- and others too numerous to mention, served millions of citizens to take action, individ- tive action, in collaboration with law to awaken Congress and the American people ually and collectively, to reduce crime, drug enforcement and other supporting to the discrimination and prejudice faced by abuse, and the fear of crime; agencies, to reduce crime and build individuals with disabilities; Whereas the National Citizens’ Crime Pre- safer communities throughout the Whereas Congress worked in a bipartisan vention Campaign has led a multitude of United States of America. manner to craft legislation making such dis- community organizations, including law en- crimination illegal and opening doors of op- forcement, other State and local agencies, Mr. LEAHY. Mr. President, I am portunity to individuals with disabilities; civic and community groups, faith-based or- proud to join my friend and colleague, Whereas Congress passed the Americans ganizations, schools, and businesses, to play Senator SPECTER, in submitting this with Disabilities Act and President George a vital role in reducing crime and building bipartisan resolution commemorating Herbert Walker Bush signed the Act into law safer communities; and the 25th anniversary of the National on July 26, 1990; Whereas the National Citizens’ Crime Pre- Citizens’ Crime Prevention Campaign, Whereas the Americans with Disabilities vention Campaign is a leading example of a which is managed by the National Act pledged to fulfill the Nation’s goals of campaign conducted by public and private Crime Prevention Council. I applaud equality of opportunity, economic self-suffi- individuals and entities on a national, State, all individuals and organizations in- ciency, full participation, and independent and local level to improve the quality of life living for individuals with disabilities; throughout the Nation: Now, therefore, be it volved in the Campaign for their ef- Whereas the Americans with Disabilities Resolved, That the Senate— forts to advance the principles and Act prohibited employers from discrimi- (1) commemorates the 25th anniversary of practice of effective crime prevention nating against qualified individuals with dis- the National Citizens’ Crime Prevention throughout the United States.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.069 S25JYPT1 S8832 CONGRESSIONAL RECORD — SENATE July 25, 2005 We have all been urged over the years Senate resolution to strengthen fiscal ference for over a year, and turned it by McGruff the Crime Dog, the Cam- responsibility and restore some com- into a $146 billion revenue loser that paign’s icon, to ‘‘Take A Bite Out Of mon sense to the consideration of con- extended the 2001 tax cuts relating to Crime’’ a simple and effective slogan to ference reports in the Senate. the child credit, marriage penalty, and help begin to educate and make the Last November the Senate received the 10 percent marginal rate bracket public aware of the importance of an omnibus appropriations conference through 2010. The conferees also tacked crime prevention. Through their lead- report that totaled 3,646 pages. It in- on traditional extenders, R&D, work ership, the Campaign and McGruff have cluded nine different appropriations opportunity tax credit, etc., added a played vital roles in reducing crime bills, seven of which had never been de- year of AMT relief, and dropped the and making our communities safer. bated, amended or voted on by the Sen- revenue offsets that had covered all but The Campaign was the first public ate. It spent more than $388 billion. about $250 million of the original cost. education program on crime prevention And it also included a miscellaneous No Democrats participated in the con- in the country. It is designed to stimu- title with several extraneous provi- ference, and the Senate had no oppor- late community involvement, generate sions that had nothing to do with ap- tunity to debate the merits of these in- confidence in comprehensive crime pre- propriations. Like the appropriations dividual provisions or offer amend- vention activities and provide a na- titles, many of these non-appropria- ments to offset their costs. tional focus and resource for crime pre- tions items had never been considered But it is not just tax and appropria- vention programs nationwide. When it in the Senate. tions bills that have been hijacked in was formally launched in 1979, most Even though the vast majority of the conference. On issue after issue, we Americans viewed crime as inevitable Senate had never had a chance to re- have had conferences where the minor- and its prevention as the job of the po- view these provisions, the conference ity was excluded so that the majority lice. Today, three out of four Ameri- report was rushed to the Senate floor could ram through unpopular provi- cans believe that they can personally just hours after a handful of members sions as part of an un-amendable con- take actions to reduce crime and that and their staff had finished their work ference report. their neighborhoods and communities putting it together behind closed doors. That is not right. We should not be can act to prevent crime. A major force Throughout the day, I and several writing brand new legislation in con- behind this shift to a more positive at- members of my staff read and analyzed ference in order to bypass Senate con- titude is the National Citizens’ Crime the provisions of this bill. During the sideration. We should not be bundling Prevention Campaign. examination, we discovered a particu- together 3,646 page conference reports Crime prevention is central to main- larly egregious provision. It would in the middle of the night and asking taining a sound criminal justice sys- have allowed an agent of the Chairman Senators to vote on them without the tem at the national, State, and local of the House or Senate Appropriations opportunity for thorough review and levels, and to ensuring safer and more Committee to look at the tax return of debate. It is clear to me the conference secure communities. Making preven- anyone in America. And, further, it process is broken. Former President tion a priority through the National would have allowed them to release the Ronald Reagan in his 1988 State of the Citizens’ Crime Prevention Campaign private information contained in those Union Address told us we should not do is a collective effort. This alliance of returns without any civil or criminal business this way, in omnibus con- national, State and Federal organiza- penalty. That would have created the ference reports that no Senator has an tions works with businesses, civic opportunity for an abuse of power al- opportunity to fully understand before groups, individuals and law enforce- most unprecedented in our history. they are voted on. He was right. ment to generate crime prevention Thankfully, my staff and I were able The Conrad-McCain resolution would awareness and action throughout the to catch this, and after strenuous de- address these problems. It would im- country through a variety of mecha- bate the provision was nullified. But prove Senate consideration of con- nisms. this is an indication of how completely ference reports in five simple, common- The National Citizens’ Crime Preven- flawed this process has become. None sense ways. tion Campaign has inspired and di- of us could know when the time came First, our resolution would require rected millions of citizens to take ac- to vote, just a few hours after the bill conference reports to be filed and made tion, individually and collectively, to was released, what other inappropriate available for at least 48 hours prior to reduce crime, drug abuse and the fear provisions it contained. There simply Senate consideration. Under our reso- of crime. I look forward to another 25 had not been enough time to thor- lution, all Senators would have the op- years and beyond of McGruff and the oughly scour the more than 3,600 pages portunity to know what is in each and Campaign, under the skilled leadership in this bill. every conference report that comes be- of its President and CEO, Al Lenhardt, Unfortunately, this is not an isolated fore this body. who is the former Sergeant At Arms of example. Over the past several years, Second, our resolution would require the U.S. Senate, continuing to be na- we have seen increased abuses of the a written cost estimate or table by the tional leaders in improving the quality conference process. There has been a Congressional Budget Office prior to of life in every community through trend toward a handful of members Senate consideration of any conference crime prevention. I have no doubt that writing legislation in secret, without report. Senators desereve to know be- together they will continue to promote full opportunity for minority participa- fore they vote on a bill how much it individual and collective action, in col- tion or thorough debate in the Senate. will cost. laboration with law enforcement and In addition to the omnibus appropria- Third, our resolution would require other supporting agencies, to reduce tions bills we have seen in the past sev- that a bill coming out of conference be crime and build safer communities eral years, there are several other ex- primarily in the jurisdiction of the throughout the United States. amples of this trend. same committee, or appropriations f Last year, for example, the majority subcommittee, as the Senate-passed leadership was unwilling or unable to bill that was submitted to conference. SENATE RESOLUTION 209—TO move a bill through the Senate to ex- We should not be sending a $19 billion STRENGTHEN FISCAL RESPONSI- tend expiring tax provisions. Appar- foreign operations appropriations bill BILITY BY IMPROVING SENATE ently, the leadership did not want to to conference and having it come back CONSIDERATION OF CON- vote on amendments to pay for these as a close-to $400 billion bill that in- FERENCE REPORTS provisions, and it did not want to de- cludes Labor-Health and Human Serv- Mr. CONRAD (for himself and Mr. bate the fiscal irresponsibility of its ices and other domestic spending. This MCCAIN) submitted the following reso- tax policy. will help ensure that the Senate con- lution; which was referred to the Com- So what did the leadership do? It siders each bill before it comes back mittee on Rules and Administration: took a modest tax relief measure from conference. Mr. CONRAD. Mr. President, I am aimed at making the child tax credit If any of those three conditions are pleased that Senator MCCAIN is joining more useful to low- and middle-income not met, our resolution would allow me today in submitting a bipartisan families that had languished in con- any Senator to raise a point of order

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.072 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8833 against the conference report. That the ruling of the Chair on a point of order SENATE RESOLUTION 210—EX- point of order be waived only with a raised under this section. PRESSING SYMPATHY FOR THE vote of 60 Senators. SEC. 2. EXTRANEOUS PROVISIONS OF CON- PEOPLE OF EGYPT IN THE In addition, the Conrad-McCain reso- FERENCE REPORTS OUT OF ORDER. AFTERMATH OF THE DEADLY lution would strengthen current rules TERRORIST ATTACKS ON SHARM (a) PROVISIONS OUTSIDE SCOPE OF CON- EL-SHEIK, EGYPT ON JULY 23, that are designed to prohibit extra- FERENCE.—It shall not be in order to consider neous provisions in conference reports. a report of a committee of conference under 2005. Extraneous provisions are those that paragraph 1 of rule XXVIII of the Standing Mr. FRIST (for himself and Mr. REID) are either outside the scope of the bills Rules of the Senate if it contains extraneous submitted the following resolution; that the House and Senate sent to con- material outside the scope of conference which was considered and agreed to: ference, or in the jurisdiction of some under rule XXVIII of the Standing Rules of S. RES. 210 other committee. the Senate. Whereas on July 23, 2005, terrorists struck Provisions that are either outside the (b) PROVISIONS OUTSIDE JURISDICTION.—It the Red Sea resort city of Sharm el-Sheik, scope of conference or in another com- Egypt, detonating explosives in a crowded shall not be in order to consider a report of mittee’s jurisdiction could be stricken hotel that killed dozens of the people of a committee of conference under paragraph 1 from the conference report on a point Egypt and foreign tourists from around the of rule XXVIII of the Standing Rules of the world, including a citizen of the United of order made by any Senator. That Senate if it contains extraneous material in point of order could be waived only States, and injured approximately 200 others; the jurisdiction of a committee other than a Whereas the terrorist attacks on Sharm el- with a vote of 60 Senators. Impor- committee from whom conferees were ap- Sheik, Egypt were senseless, barbaric, and tantly, the point of order would not pointed. cowardly acts carried out against innocent bring down the entire conference re- civilians; port. Instead, it will only remove the (c) FORM OF POINT OF ORDER.—It shall be in Whereas Egypt is a friend and ally of the extraneous matter, leaving the rest of order for a Senator to raise a single point of United States and in the past has endured order that several provisions of a bill, resolu- the conference report intact. This terrorism against its innocent civilians; tion, amendment, motion, or conference re- change—similar to the application of Whereas the people of the United States port violate this section. The Presiding Offi- stand in solidarity with the people of Egypt the Byrd rule on reconciliation bills— cer may sustain the point of order as to some in fighting terrorism; will remove a significant impediment or all of the provisions against which the Whereas President George W. Bush imme- to challenging attempts to push un- Senator raised the point of order. If the Pre- diately condemned the terrorist attacks on Sharm el-Sheik, Egypt and extended to the popular riders through the Senate on siding Officer so sustains the point of order unrelated but otherwise popular legis- people of Egypt his personal condolences and as to some of the provisions against which the support of the United States; and lation. the Senator raised the point of order, then This common-sense legislation is Whereas Secretary of State Condoleezza only those provisions against which the Pre- Rice denounced the terrorist attacks on long overdue. Our political process has siding Officer sustains the point of order Sharm el-Sheik, Egypt and stated, ‘‘we con- become too bogged down with bloated shall be deemed stricken pursuant to this tinue, all of us in the civilized world, to face spending bills and special-interest tax section. Before the Presiding Officer rules on great challenges in terrorism, and we con- break legislation. Too often, it is not such a point of order, any Senator may move tinue to be united in the view that terrorism until after a conference report has to waive such a point of order as it applies to must be confronted and that they will not passed that its true cost comes to some or all of the provisions against which succeed in destroying our way of life’’: Now, light. Massive and unwieldy bills have therefore, be it the point of order was raised. Such a motion Resolved, That the Senate— become almost routine in the Senate. to waive is amendable in accordance with (1) expresses deep sympathies and condo- This has to stop. the rules and precedents of the Senate. After lences to the people of Egypt and the victims Our resolution would improve the the Presiding Officer rules on such a point of and the families of the victims for the hei- legislative process while strengthening order, any Senator may appeal the ruling of nous terrorist attacks that occurred in fiscal responsibility in a way that is the Presiding Officer on such a point of order Sharm el-Sheik, Egypt on July 23, 2005; simple, straightforward, and reason- as it applies to some or all of the provisions (2) condemns the barbaric and unwarranted able. I urge my colleagues to support on which the Presiding Officer ruled. terrorist attacks that killed and injured innocent people in Sharm el-Sheik, Egypt; it. (d) POINT OF ORDER SUSTAINED.—When the (3) expresses strong and continued soli- S. RES. 209 Senate is considering a conference report, darity with the people of Egypt and pledges SECTION 1. CONFERENCE REPORTS OUT OF upon a point of order being made by any Sen- to remain shoulder-to-shoulder with the peo- ORDER. ator against extraneous material described ple of Egypt to bring the terrorists respon- (a) AVAILABILITY.—It shall not be in order in subsection (a) or (b), and such point of sible for the brutal attacks on Sharm el- to consider a report of a committee of con- order being sustained, such material shall be Sheik, Egypt to justice; and ference under paragraph 1 of rule XXVIII of deemed stricken as provided in subsection (c) (4) calls upon the international community the Standing Rules of the Senate unless such and the Senate shall proceed, without inter- to renew and strengthen efforts to— report is filed and made available 48 hours vening action or motion, to consider the (A) defeat terrorists by dismantling terrorist networks and exposing the violent and prior to presentation. question of whether the Senate shall recede (b) COST ESTIMATE OR TABLE.—It shall not nihilistic ideology of terrorism; from its amendment and concur with a fur- be in order to consider a report of a com- (B) increase international cooperation to mittee of conference under paragraph 1 of ther amendment, or concur in the House advance personal and religious freedom, eth- rule XXVIII of the Standing Rules of the amendment with a further amendment, as nic and racial tolerance, political liberty and Senate unless an official written cost esti- the case may be, which further amendment pluralism, and economic prosperity; and mate or table by the Congressional Budget shall consist of only that portion of the con- (C) combat the social injustice, oppression, Office is available at the time of consider- ference report or House amendment, as the poverty, and extremism that breeds sym- ation. case may be, not so stricken. pathy for terrorism. (c) JURISDICTION.—It shall not be in order (e) NO FURTHER AMENDMENT.—In any case f to consider a report of a committee of con- in which such point of order is sustained ference under paragraph 1 of rule XXVIII of AMENDMENTS SUBMITTED AND the Standing Rules of the Senate if the pre- against a conference report (or Senate PROPOSED amendment derived from such conference re- ponderance of matter in the conference re- SA 1439. Mr. BINGAMAN (for himself and port by operation of this subsection), no fur- port is not in the jurisdiction of the com- Mr. DOMENICI) submitted an amendment in- mittee (or Appropriations subcommittee for ther amendment shall be in order. tended to be proposed by him to the bill S. one of the regular appropriation bills) that (f) SUPERMAJORITY WAIVER AND APPEAL.— 1042, to authorize appropriations for fiscal had jurisdiction of the Senate passed bill This section may be waived or suspended in year 2006 for military activities of the De- submitted to conference. the Senate only by an affirmative vote of 3⁄5 partment of Defense, for military construc- (d) SUPERMAJORITY WAIVER AND APPEAL.— of the Members, duly chosen and sworn. An tion, and for defense activities of the Depart- This section may be waived or suspended in ment of Energy, to prescribe personnel affirmative vote of 3⁄5 of the Members of the the Senate only by an affirmative vote of 3⁄5 strengths for such fiscal year for the Armed of the Members, duly chosen and sworn. An Senate, duly chosen and sworn, shall be re- Forces, and for other purposes; which was or- affirmative vote of 3⁄5 of the Members of the quired in the Senate to sustain an appeal of dered to lie on the table. Senate, duly chosen and sworn, shall be re- the ruling of the Chair on a point of order SA 1440. Mr. BINGAMAN submitted an quired in the Senate to sustain an appeal of raised under this section. amendment intended to be proposed by him

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.074 S25JYPT1 S8834 CONGRESSIONAL RECORD — SENATE July 25, 2005 to the bill S. 1042, supra; which was ordered SA 1462. Mr. LAUTENBERG (for himself, SA 1483. Mr. REED submitted an amend- to lie on the table. Mrs. MURRAY, Mr OBAMA, Mr. CORZINE, and ment intended to be proposed by him to the SA 1441. Mr. BAYH submitted an amend- Mrs. FEINSTEIN) submitted an amendment in- bill S. 1042, supra; which was ordered to lie ment intended to be proposed by him to the tended to be proposed by him to the bill S. on the table. bill S. 1042, supra; which was ordered to lie 1042, supra; which was ordered to lie on the SA 1484. Mr. REID submitted an amend- on the table. table. ment intended to be proposed by him to the SA 1442. Mr. KENNEDY (for himself and SA 1463. Mr. HARKIN (for himself and Mr. bill S. 1042, supra; which was ordered to lie Mr. CHAMBLISS) submitted an amendment in- GRASSLEY) submitted an amendment in- on the table. tended to be proposed by him to the bill S. tended to be proposed by him to the bill S. SA 1485. Mr. REID submitted an amend- 1042, supra; which was ordered to lie on the 1042, supra; which was ordered to lie on the ment intended to be proposed by him to the table. table. bill S. 1042, supra; which was ordered to lie SA 1443. Mrs. CLINTON submitted an SA 1464. Mr. LOTT submitted an amend- on the table. amendment intended to be proposed by her ment intended to be proposed by him to the SA 1486. Mr. REID (for himself and Mr. to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie OBAMA) submitted an amendment intended to lie on the table. on the table. to be proposed by him to the bill S. 1042, SA 1444. Mrs. CLINTON (for herself and Mr. SA 1465. Mr. LOTT (for himself, Mr. COCH- supra; which was ordered to lie on the table. KENNEDY) submitted an amendment intended RAN, and Mr. NELSON, of Florida) submitted SA 1487. Mr. REID submitted an amend- to be proposed by her to the bill S. 1042, an amendment intended to be proposed by ment intended to be proposed by him to the supra; which was ordered to lie on the table. him to the bill S. 1042, supra; which was or- bill S. 1042, supra; which was ordered to lie SA 1445. Mr. SARBANES (for himself and dered to lie on the table. on the table. Ms. MIKULSKI) submitted an amendment in- SA 1466. Mr. LOTT (for himself and Mr. SA 1488. Mr. REID submitted an amend- tended to be proposed by him to the bill S. COCHRAN) submitted an amendment intended ment intended to be proposed by him to the 1042, supra; which was ordered to lie on the to be proposed by him to the bill S. 1042, bill S. 1042, supra; which was ordered to lie table. supra; which was ordered to lie on the table. on the table. SA 1446. Mr. CORZINE submitted an SA 1467. Mr. SHELBY submitted an amend- SA 1489. Ms. COLLINS (for Mr. THUNE) pro- amendment intended to be proposed by him ment intended to be proposed by him to the posed an amendment to the bill S. 1042, to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie supra. to lie on the table. on the table. SA 1490. Ms. COLLINS (for Mr. THUNE) pro- SA 1447. Mr. HARKIN (for himself and Mr. SA 1468. Mr. THOMAS submitted an posed an amendment to the bill S. 1042, DORGAN) submitted an amendment intended amendment intended to be proposed by him supra. SA 1491. Ms. COLLINS (for Mr. THUNE (for to be proposed by him to the bill S. 1042, to the bill S. 1042, supra; which was ordered himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. supra; which was ordered to lie on the table. to lie on the table. SA 1448. Mr. BIDEN (for himself, Mr. CAR- LAUTENBERG, Mr. SUNUNU, Ms. SNOWE, Mr. SA 1469. Mr. THOMAS (for himself and Mr. PER, and Mr. BINGAMAN) submitted an JOHNSON, Mr. DODD, Mr. CORZINE, Mr. BINGA- ENZI) submitted an amendment intended to amendment intended to be proposed by him MAN, and Mr. DOMENICI)) proposed an amend- be proposed by him to the bill S. 1042, supra; to the bill S. 1042, supra; which was ordered ment to the bill S. 1042, supra which was ordered to lie on the table. SA 1492. Mr. REED (for Mr. LEVIN (for him- to lie on the table. SA 1470. Mr. BENNETT submitted an SA 1449. Mr. KERRY submitted an amend- self and Mr. REED)) proposed an amendment amendment intended to be proposed by him ment intended to be proposed by him to the to the bill S. 1042, supra. to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie SA 1493. Mr. LEVIN submitted an amend- to lie on the table. on the table. ment intended to be proposed by him to the SA 1471. Mr. VITTER submitted an amend- SA 1450. Mr. OBAMA (for himself and Mr. bill S. 1042, supra; which was ordered to lie ment intended to be proposed by him to the SALAZAR) submitted an amendment intended on the table. bill S. 1042, supra; which was ordered to lie to be proposed by him to the bill S. 1042, SA 1494. Mr. LEVIN (for himself, Mr. KEN- on the table. supra; which was ordered to lie on the table. NEDY, Mr. ROCKEFELLER, and Mr. REED) sub- SA 1472. Mr. SPECTER submitted an SA 1451. Ms. LANDRIEU submitted an mitted an amendment intended to be pro- amendment intended to be proposed by him amendment intended to be proposed by her posed by him to the bill S. 1042, supra. to the bill S. 1042, supra; which was ordered to the bill S. 1042, supra; which was ordered SA 1495. Mr. LEVIN submitted an amend- to lie on the table. to lie on the table. ment intended to be proposed by him to the SA 1452. Ms. LANDRIEU submitted an SA 1473. Mr. CRAIG submitted an amend- bill S. 1042, supra; which was ordered to lie amendment intended to be proposed by her ment intended to be proposed by him to the on the table. to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie SA 1496. Mr. LEVIN submitted an amend- to lie on the table. on the table. ment intended to be proposed by him to the SA 1453. Mr. OBAMA submitted an amend- SA 1474. Mr. INHOFE submitted an amend- bill S. 1042, supra. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1497. Mr. LEVIN submitted an amend- bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill S. 1042, supra. SA 1454. Mr. LEAHY submitted an amend- SA 1475. Mr. INHOFE submitted an amend- SA 1498. Mr. LEAHY submitted an amendment intended to be proposed by him to the ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie on the table. on the table. on the table. SA 1455. Ms. LANDRIEU submitted an SA 1476. Mr. INHOFE submitted an amend- SA 1499. Mr. KERRY submitted an amend- amendment intended to be proposed by her ment intended to be proposed by him to the ment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered bill S. 1042, supra. bill S. 1042, supra; which was ordered to lie to lie on the table. SA 1477. Mrs. HUTCHISON submitted an on the table. SA 1456. Ms. LANDRIEU submitted an amendment intended to be proposed by her SA 1500. Mr. KERRY submitted an amend- amendment intended to be proposed by her to the bill S. 1042, supra. ment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered SA 1478. Mrs. HUTCHISON (for herself and bill S. 1042, supra; which was ordered to lie to lie on the table. Ms. MIKULSKI) submitted an amendment in- on the table. SA 1457. Ms. LANDRIEU submitted an tended to be proposed by her to the bill S. SA 1501. Mr. KERRY submitted an amend- amendment intended to be proposed by her 1042, supra; which was ordered to lie on the ment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered table. bill S. 1042, supra; which was ordered to lie to lie on the table. SA 1479. Mrs. HUTCHISON submitted an on the table. SA 1458. Mr. NELSON, of Florida sub- amendment intended to be proposed by her SA 1502. Mr. KERRY submitted an amend- mitted an amendment intended to be pro- to the bill S. 1042, supra; which was ordered ment intended to be proposed by him to the posed by him to the bill S. 1042, supra; which to lie on the table. bill S. 1042, supra; which was ordered to lie was ordered to lie on the table. SA 1480. Mrs. HUTCHISON submitted an on the table. SA 1459. Mr. NELSON, of Florida sub- amendment intended to be proposed by her SA 1503. Mr. KERRY submitted an amend- mitted an amendment intended to be pro- to the bill S. 1042, supra; which was ordered ment intended to be proposed by him to the posed by him to the bill S. 1042, supra; which to lie on the table. bill S. 1042, supra; which was ordered to lie was ordered to lie on the table. SA 1481. Mr. GRASSLEY submitted an on the table. SA 1460. Mr. LEAHY submitted an amend- amendment intended to be proposed by him SA 1504. Mr. KERRY submitted an amendment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered ment intended to be proposed by him to the bill S. 1042, supra; which was ordered to lie to lie on the table. bill S. 1042, supra; which was ordered to lie on the table. SA 1482. Mr. OBAMA (for himself, Mr. on the table. SA 1461. Mr. JOHNSON submitted an BYRD, and Mr. DURBIN) submitted an amend- SA 1505. Mr. GRAHAM (for himself, Mr. amendment intended to be proposed by him ment intended to be proposed by him to the WARNER, and Mr. MCCAIN) submitted an to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 1042, supra.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.077 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8835 SA 1506. Mr. ALLARD (for himself and Mr. SA 1526. Mrs. DOLE submitted an amend- to the bill S. 1042, supra; which was ordered SALAZAR) submitted an amendment intended ment intended to be proposed by her to the to lie on the table. to be proposed by him to the bill S. 1042, bill S. 1042, supra; which was ordered to lie SA 1547. Ms. LANDRIEU submitted an supra. on the table. amendment intended to be proposed by her SA 1507. Mr. SANTORUM submitted an SA 1527. Mrs. BOXER (for herself and Ms. to the bill S. 1042, supra; which was ordered amendment intended to be proposed by him SNOWE) submitted an amendment intended to lie on the table. to the bill S. 1042, supra; which was ordered to be proposed by her to the bill S. 1042, SA 1548. Mr. CONRAD submitted an to lie on the table. supra; which was ordered to lie on the table. amendment intended to be proposed by him SA 1508. Mr. SANTORUM submitted an SA 1528. Mr. KERRY submitted an amend- to the bill S. 1042, supra; which was ordered amendment intended to be proposed by him ment intended to be proposed by him to the to lie on the table. to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie SA 1549. Mr. JEFFORDS submitted an to lie on the table. on the table. amendment intended to be proposed by him SA 1509. Mr. HATCH (for himself, Mr. SA 1529. Mr. VOINOVICH submitted an to the bill S. 1042, supra; which was ordered INHOFE, Mr. BENNETT, and Mr. CHAMBLISS) amendment intended to be proposed by him to lie on the table. submitted an amendment intended to be pro- to the bill S. 1042, supra; which was ordered SA 1550. Mr. FEINGOLD submitted an posed by him to the bill S. 1042, supra; which to lie on the table. amendment intended to be proposed by him was ordered to lie on the table. SA 1530. Mr. MARTINEZ (for himself and to the bill S. 1042, supra; which was ordered SA 1510. Mr. HATCH (for himself and Mr. Mr. NELSON, of Florida) submitted an amend- to lie on the table. CHAMBLISS) submitted an amendment in- ment intended to be proposed by him to the SA 1551. Mr. BAYH submitted an amend- tended to be proposed by him to the bill S. bill S. 1042, supra; which was ordered to lie ment intended to be proposed by him to the 1042, supra; which was ordered to lie on the on the table. bill S. 1042, supra; which was ordered to lie table. SA 1531. Mr. LIEBERMAN submitted an on the table. SA 1511. Mr. BROWNBACK submitted an amendment intended to be proposed by him SA 1552. Mrs. LINCOLN submitted an amendment intended to be proposed by him to the bill S. 1042, supra; which was ordered amendment intended to be proposed by her to the bill S. 1042, supra; which was ordered to lie on the table. to the bill S. 1042, supra; which was ordered to lie on the table. SA 1532. Mr. DORGAN (for himself and Ms. to lie on the table. SA 1512. Mr. SARBANES submitted an SA 1553. Mr. CONRAD (for himself, Mr. SNOWE) submitted an amendment intended amendment intended to be proposed by him to be proposed by him to the bill S. 1042, BAUCUS, Mr. BURNS, Mr. THOMAS, and Mr. to the bill S. 1042, supra; which was ordered supra; which was ordered to lie on the table. ENZI) submitted an amendment intended to to lie on the table. SA 1533. Mr. MARTINEZ (for himself and be proposed by him to the bill S. 1042, supra; SA 1513. Mr. BYRD (for himself, Mr. BIDEN, Mr. NELSON, of Florida) submitted an amend- which was ordered to lie on the table. OCKEFELLER, Mr. LIEBERMAN, Mrs. Mr. R ment intended to be proposed by him to the SA 1554. Mr. CONRAD submitted an CLINTON, Mr. OBAMA, and Mr. SCHUMER) sub- bill S. 1042, supra; which was ordered to lie amendment intended to be proposed by him mitted an amendment intended to be pro- on the table. to the bill S. 1042, supra; which was ordered posed by him to the bill S. 1042, supra; which to lie on the table. SA 1534. Mr. DEWINE (for himself, Mr. was ordered to lie on the table. SA 1555. Mr. MCCAIN submitted an amend- BIDEN, and Mr. LIEBERMAN) submitted an SA 1514. Mrs. FEINSTEIN submitted an ment intended to be proposed by him to the amendment intended to be proposed by him amendment intended to be proposed by her bill S. 1042, supra; which was ordered to lie to the bill S. 1042, supra; which was ordered to the bill S. 1042, supra; which was ordered on the table. to lie on the table. to lie on the table. SA 1556. Mr. MCCAIN (for himself, Mr. SA 1535. Ms. SNOWE submitted an amend- SA 1515. Mr. DAYTON submitted an WARNER, Mr. GRAHAM, and Ms. COLLINS) pro- ment intended to be proposed by her to the amendment intended to be proposed by him posed an amendment to the bill S. 1042, bill S. 1042, supra; which was ordered to lie to the bill S. 1042, supra; which was ordered supra. on the table. to lie on the table. SA 1557. Mr. MCCAIN (for himself, Mr. SA 1536. Ms. SNOWE submitted an amend- SA 1516. Mr. HATCH (for himself, Mr. WARNER, Mr. GRAHAM, Ms. COLLINS, and Mr. ment intended to be proposed by her to the INHOFE, Mr. BENNETT, and Mr. CHAMBLISS) LEVIN) proposed an amendment to the bill S. bill S. 1042, supra; which was ordered to lie proposed an amendment to the bill S. 1042, 1042, supra. supra. on the table. SA 1558. Mr. WARNER submitted an SA 1517. Mr. BAYH submitted an amend- SA 1537. Ms. SNOWE submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the ment intended to be proposed by her to the to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 1559. Mr. WARNER submitted an SA 1518. Mr. BAYH submitted an amend- SA 1538. Ms. SNOWE submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the ment intended to be proposed by her to the to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 1560. Mr. WARNER submitted an SA 1519. Mrs. BOXER submitted an amend- SA 1539. Mr. INHOFE submitted an amend- amendment intended to be proposed by him ment intended to be proposed by her to the ment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie bill S. 1042, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 1561. Mr. DOMENICI submitted an SA 1520. Mr. OBAMA submitted an amend- SA 1540. Ms. SNOWE (for herself and Mr. amendment intended to be proposed by him ment intended to be proposed by him to the KERRY) submitted an amendment intended to the bill S. 1042, supra; which was ordered bill S. 1042, supra; which was ordered to lie to be proposed by her to the bill S. 1042, to lie on the table. on the table. supra; which was ordered to lie on the table. SA 1562. Mr. WARNER (for himself and Mr. SA 1521. Mr. COLEMAN (for himself and SA 1541. Ms. SNOWE (for herself and Mr. LEAHY) submitted an amendment intended to Mr. LEVIN) submitted an amendment in- KERRY) submitted an amendment intended be proposed by him to the bill S. 1042, supra; tended to be proposed by him to the bill S. to be proposed by her to the bill S. 1042, which was ordered to lie on the table. 1042, supra; which was ordered to lie on the supra; which was ordered to lie on the table. SA 1563. Mr. WARNER submitted an table. SA 1542. Ms. SNOWE submitted an amend- amendment intended to be proposed by him SA 1522. Mrs. DOLE submitted an amendment intended to be proposed by her to the to the bill S. 1042, supra; which was ordered ment intended to be proposed by her to the bill S. 1042, supra; which was ordered to lie to lie on the table. bill S. 1042, supra; which was ordered to lie on the table. SA 1564. Mr. WARNER submitted an on the table. SA 1543. Mr. DOMENICI (for himself and amendment intended to be proposed by him SA 1523. Mrs. DOLE (for herself, Mr. DUR- Mr. GRAHAM) submitted an amendment in- to the bill S. 1042, supra; which was ordered BIN, and Mr. NELSON, of Florida) submitted tended to be proposed by him to the bill S. to lie on the table. an amendment intended to be proposed by 1042, supra; which was ordered to lie on the SA 1565. Mr. WARNER submitted an her to the bill S. 1042, supra; which was or- table. amendment intended to be proposed by him dered to lie on the table. SA 1544. Mr. DOMENICI (for himself and to the bill S. 1042, supra; which was ordered SA 1524. Mrs. DOLE (for herself, Mr. LAU- Mr. BINGAMAN) submitted an amendment in- to lie on the table. TENBERG, Mr. KENNEDY, Mr. DEWINE, Ms. tended to be proposed by him to the bill S. SA 1566. Mr. WARNER proposed an amend- LANDRIEU, Mr. CHAFEE, Ms. MIKULSKI, Mr. 1042, supra; which was ordered to lie on the ment to the bill S. 1042, supra. CHAMBLISS, and Mr. DURBIN) submitted an table. SA 1567. Mr. WARNER submitted an amendment intended to be proposed by her SA 1545. Mr. DOMENICI submitted an amendment intended to be proposed by him to the bill S. 1042, supra; which was ordered amendment intended to be proposed by him to the bill S. 1042, supra; which was ordered to lie on the table. to the bill S. 1042, supra; which was ordered to lie on the table. SA 1525. Mrs. CLINTON submitted an to lie on the table. SA 1568. Mr. BYRD submitted an amend- amendment intended to be proposed by her SA 1546. Mr. DOMENICI (for himself, Mrs. ment intended to be proposed by him to the to the bill S. 1042, supra; which was ordered HUTCHISON, and Mr. BINGAMAN) submitted an bill S. 1042, supra; which was ordered to lie to lie on the table. amendment intended to be proposed by him on the table.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.078 S25JYPT1 S8836 CONGRESSIONAL RECORD — SENATE July 25, 2005

SA 1569. Mr. NELSON, of Nebraska (for the reliability of field programmable gate ar- (3) CHAIRMAN.—The Director of the Office himself and Mr. WYDEN) submitted an rays for space applications, including design of Science and Technology Policy shall des- amendment intended to be proposed by him of an assurance strategy, reference architec- ignate 1 of the members appointed under to the bill S. 1042, supra; which was ordered tures, research and development on reli- paragraph (1)(A)(i) as chairman of the panel. to lie on the table. ability and radiation hardening, and out- (c) BIENNIAL NATIONAL CRITICAL TECH- SA 1570. Mr. DURBIN submitted an amend- reach to industry and localities to develop NOLOGIES REPORT.— ment intended to be proposed by him to the core competencies. (1) IN GENERAL.—The panel shall submit to bill S. 1042, supra; which was ordered to lie (c) OFFSET.—The amount authorized to be the President and Congress a biennial report on the table. appropriated by section 301(4) for operation on national critical technologies. SA 1571. Mr. DURBIN (for himself, Ms. MI- and maintenance for the Air Force is hereby (2) TECHNOLOGIES CONSIDERED NATIONAL KULSKI, Mr. ALLEN, Mr. GRAHAM, Ms. reduced by $3,000,000. CRITICAL TECHNOLOGIES.—For purposes of this LANDRIEU, Mr. LEAHY, Mr. SARBANES, Mr. subsection, a product technology or process LAUTENBERG, Mr. BINGAMAN, Mr. KERRY, Mr. SA 1440. Mr. BINGAMAN submitted technology may be considered to be a na- SALAZAR, Mr. CORZINE, Mr. CHAFEE, Mrs. LIN- an amendment intended to be proposed tional critical technology if the panel deter- COLN, Mr. BIDEN, Mr. KENNEDY, Mrs. MUR- by him to the bill S. 1042, to authorize mines it to be a technology that it is essen- RAY, and Mr. NELSON, of Florida) submitted appropriations for fiscal year 2006 for tial for the United States to develop to fur- an amendment intended to be proposed by ther the long-term national security or eco- military activities of the Department nomic prosperity of the United States. him to the bill S. 1042, supra. of Defense, for military construction, SA 1572. Mr. KOHL submitted an amend- (3) CONTENTS.— ment intended to be proposed by him to the and for defense activities of the De- (A) IN GENERAL.—Each report under para- bill S. 1042, supra; which was ordered to lie partment of Energy, to prescribe per- graph (1) shall identify those product tech- on the table. sonnel strengths for such fiscal year nologies and process technologies that the SA 1573. Ms. SNOWE (for herself and Ms. for the Armed Forces, and for other panel considers to be national critical technologies. The number of the such tech- COLLINS) submitted an amendment intended purposes; which was ordered to lie on to be proposed by her to the bill S. 1042, nologies identified in any such report may the table; as follows: not exceed 30, but shall include the most eco- supra; which was ordered to lie on the table. On page 48, between lines 5 and 6, insert SA 1574. Mr. VOINOVICH (for himself and nomically important emerging civilian tech- the following: nologies during the 10-year period following Mr. DEWINE) submitted an amendment in- SEC. 244. NATIONAL CRITICAL TECHNOLOGIES such report, together with the estimated tended to be proposed by him to the bill S. PANEL. 1042, supra; which was ordered to lie on the current and future size of domestic and (a) ESTABLISHMENT.—The Director of the international markets for products derived table. Office of Science and Technology Policy SA 1575. Mr. SESSIONS submitted an from these technologies. shall establish within that office a National (B) TECHNOLOGIES IDENTIFIED.—Each report amendment intended to be proposed by him Critical Technologies Panel (referred to in to the bill S. 1042, supra; which was ordered under paragraph (1) shall include, with re- this section as the ‘‘panel’’). The panel shall spect to each technology identified in the re- to lie on the table. prepare the biennial national critical tech- SA 1576. Mr. SESSIONS submitted an port— nologies report required by subsection (c). (i) the reasons the panel selected that tech- amendment intended to be proposed by him (b) MEMBERSHIP.— to the bill S. 1042, supra; which was ordered nology; (1) COMPOSITION AND APPOINTMENT.—The (ii) the state of the development of that to lie on the table. panel shall consist of 13 members appointed SA 1577. Mr. NELSON, of Nebraska sub- technology in the United States and in other from among persons who are experts in countries; and mitted an amendment intended to be pro- science and engineering as follows: posed by him to the bill S. 1042, supra; which (iii) an estimate of the current and antici- (A) DIRECTOR.—The Director of the Office pated level of research and development ef- was ordered to lie on the table. of Science and Technology Policy shall ap- SA 1578. Mr. DURBIN submitted an amend- fort in the United States, including antici- point 5 members, of whom— pated milestones or specific accomplish- ment intended to be proposed by him to the (i) 2 shall be Federal Government officials; bill S. 1042, supra; which was ordered to lie ments, by— and (I) the Federal Government; on the table. (ii) 3 shall be appointed from persons in SA 1579. Mr. CORZINE (for himself, Mr. (II) State and local governments; private industry and higher education. (III) private industry; and KENNEDY, Mr. LAUTENBERG, Mr. DODD, Mr. (B) CONGRESSIONAL APPOINTMENTS.—The (IV) colleges and universities. JEFFORDS, and Mr. FEINGOLD) submitted an leadership of the Senate and the House of amendment intended to be proposed by him (C) TYPES OF RESEARCH AND DEVELOPMENT Representatives shall appoint 4 members, of NEEDED.—Each report under paragraph (1) to the bill S. 1042, supra; which was ordered whom— to lie on the table. shall— (i) 1 shall be appointed by the Majority (i) identify the types of research and devel- f Leader of the Senate; opment needed to close any significant gaps TEXT OF AMENDMENTS (ii) 1 shall be appointed by the Minority or deficiencies in the technology base of the Leader of the Senate; United States, as compared with the tech- SA 1439. Mr. BINGAMAN (for himself (iii) 1 shall be appointed by the Speaker of nology bases of major trading partners; and and Mr. DOMENICI) submitted an the House of Representatives; and (ii) list the technologies and markets tar- amendment intended to be proposed by (iv) 1 shall be appointed by the Minority geted by major trading partners for develop- him to the bill S. 1042, to authorize ap- Leader of the House of Representatives. ment or capture. propriations for fiscal year 2006 for (C) AGENCY APPOINTMENTS.—Of the remain- (4) TIMING.— ing 4 members of the panel— (A) IN GENERAL.—The panel shall submit a military activities of the Department (i) 1 shall be appointed by the Secretary of of Defense, for military construction, report to the President not later than Octo- Defense, who shall be an official of the De- ber 1 of each even-numbered year. and for defense activities of the De- partment of Defense; (B) SUBMISSION TO CONGRESS.—Not later partment of Energy, to prescribe per- (ii) 1 shall be appointed by the Secretary of than 30 days after the date on which a report sonnel strengths for such fiscal year Energy, who shall be an official of the De- is submitted to the President under subpara- for the Armed Forces, and for other partment of Energy; graph (A), the President shall transmit the purposes; which was ordered to lie on (iii) 1 shall be appointed by the Secretary report, together with any comments that the the table; as follows: of Commerce, who shall be an official of the President considers appropriate, to Congress. Department of Commerce; and (d) ADMINISTRATION AND FUNDING OF At the end of subtitle B of title II, add the (iv) 1 shall be appointed by the Adminis- PANEL.— following: trator of the National Aeronautics and Space (1) IN GENERAL.—The Director of the Office SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. Administration, who shall be an official of of Science and Technology Policy shall pro- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- the National Aeronautics and Space Admin- vide administrative support for the panel. VELOPMENT, TEST, AND EVALUATION, AIR istration. (2) PANEL EXPENSES.— FORCE.—The amount authorized to be appro- (2) TERM OF OFFICE; VACANCIES.— (A) IN GENERAL.—Funds for necessary ex- priated by section 201(3) for research, devel- (A) TERM.— penses of the panel shall be provided for fis- opment, test, and evaluation for the Air (i) IN GENERAL.—Except as provided in cal years after fiscal year 2006 from funds ap- Force is hereby increased by $3,000,000. clause (ii), members shall serve for the dura- propriated for that Office. (b) AVAILABILITY OF AMOUNT.—Of the tion of the panel. (B) FISCAL YEAR 2006.—The Secretary of De- amount authorized to be appropriated by (ii) PRIVATE PERSONS.—Members appointed fense shall reimburse the Director of the Of- section 201(3) for research, development, test, under paragraph (1)(A)(ii) shall serve for a fice of Science and Technology Policy for the and evaluation for the Air Force, as in- term of 2 years. reasonable expenses, not to exceed $1,000,000, creased by subsection (a), $3,000,000 may be (B) VACANCIES.—Any vacancy in the mem- incurred by the panel during fiscal year 2006. available for Space Technology (PE # bership of the panel shall be filled in the (e) EXPIRATION.—The panel shall terminate 0602601F) for research and development on same manner as the original appointment. on December 31, 2010.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.080 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8837 SA 1441. Mr. BAYH submitted an ‘‘(iii) requires continued performance of (C) were not awarded on a competitive amendment intended to be proposed by the function by civilian employees unless basis; or him to the bill S. 1042, to authorize ap- the competitive sourcing official concerned (D) have been determined by a contracting propriations for fiscal year 2006 for determines that, over all performance peri- officer to be poorly performed due to exces- ods stated in the solicitation of offers for sive costs or inferior quality. military activities of the Department performance of the activity or function, the (b) NEW REQUIREMENTS.— of Defense, for military construction, cost of performance of the activity or func- (1) LIMITATION ON REQUIRING PUBLIC-PRI- and for defense activities of the De- tion by a contractor would be less costly to VATE COMPETITION.—No public-private com- partment of Energy, to prescribe per- the Department of Defense by an amount petition may be required under Office of sonnel strengths for such fiscal year that equals or exceeds the lesser of $10,000,000 Management and Budget Circular A–76 or for the Armed Forces, and for other or 10 percent of the most efficient organiza- any other provision of law or regulation be- purposes; which was ordered to lie on tion’s personnel-related costs for perform- fore the performance of a new requirement ance of that activity or function by Federal by Federal Government employees com- the table; as follows: employees. mences, the performance by Federal Govern- At the end of subtitle B of title I, add the ‘‘(B) Any function that is performed by ci- ment employees of work pursuant to sub- following: vilian employees of the Department of De- section (a) commences, or the scope of an ex- SEC. 114. TACTICAL WHEELED VEHICLES. fense and is proposed to be reengineered, re- isting activity performed by Federal Govern- (a) ADDITIONAL AMOUNT FOR OTHER PRO- organized, modernized, upgraded, expanded, ment employees is expanded. Office of Man- CUREMENT, ARMY.—The amount authorized or changed in order to become more efficient agement and Budget Circular A–76 shall be to be appropriated by section 101(5) for other shall not be considered a new requirement revised to ensure that the heads of all Fed- procurement for the Army is hereby infor the purpose of the competition require- eral agencies give fair consideration to the creased by $390,100,000. ments in subparagraph (A) or the require- performance of new requirements by Federal (b) AVAILABILITY OF AMOUNT.—Of the ments for public-private competition in Of- Government employees. fice of Management and Budget Circular A– amount authorized to be appropriated by (2) CONSIDERATION OF FEDERAL GOVERNMENT 76. section 101(5) for other procurement for the EMPLOYEES.—The Secretary of Defense shall, ‘‘(C) A function performed by more than 10 Army, as increased by subsection (a)— to the maximum extent practicable, ensure (1) $281,000,000 may be available for the pro- Federal Government employees may not be separated into separate functions for the that Federal Government employees are fair- curement of armored Tactical Wheeled Vehi- purposes of avoiding the competition rely considered for the performance of new re- cles to reconstitute Army Prepositioned quirement in subparagraph (A) or the requirements, with special consideration given Stocks–5, including the procurement of ar- quirements for public-private competition in to new requirements that include functions mored Light Tactical Vehicles (LTVs), ar- Office of Management and Budget Circular that— mored Medium Tactical Vehicles (MTVs), A–76. (A) are similar to functions that have been and armored Heavy Tactical Vehicles (HTVs) ‘‘(D) The Secretary of Defense may waive performed by Federal Government employ- for purposes of equipping one heavy brigade, the requirement for a public-private com- ees at any time on or after October 1, 1980; or one infantry brigade, and two infantry bat- petition under subparagraph (A) in specific (B) are associated with the performance of talions; and instances if— inherently governmental functions. (2) $109,100,000 may be available for the pro- ‘‘(i) the written waiver is prepared by the (c) USE OF FLEXIBLE HIRING AUTHORITY.— curement of armored Tactical Wheeled Vehi- Secretary of Defense or the relevant Assist- The Secretary shall include the use of the cles for the Joint Readiness Training Center ant Secretary of Defense, Secretary of a flexible hiring authority available through at Fort Polk, Louisiana, including the pro- military department, or head of a Defense the National Security Personnel System in curement of armored Light Tactical Vehi- Agency; order to facilitate performance by Federal cles, armored Medium Tactical Vehicles, and ‘‘(ii) the written waiver is accompanied by Government employees of new requirements armored Heavy Tactical Vehicles for pur- a detailed determination that national secu- and work that is performed under Depart- poses of equipping one infantry brigade com- rity interests are so compelling as to pre- ment of Defense contracts. bat team in order to permit such vehicles to clude compliance with the requirement for a (d) INSPECTOR GENERAL REPORT.—Not later be used for the training and preparation of public-private competition; and than 180 days after the enactment of this troops, prior to deployment, on the use of ‘‘(iii) a copy of the waiver is published in Act, the Inspector General of the Depart- such vehicles. the Federal Register within 10 working days ment of Defense shall submit to the Commit- after the date on which the waiver is grant- tees on Armed Services of the Senate and the SA 1442. Mr. KENNEDY (for himself ed, although use of the waiver need not be House of Representatives a report on the and Mr. CHAMBLISS) submitted an delayed until its publication.’’. compliance of the Secretary of Defense with amendment intended to be proposed by (b) INAPPLICABILITY TO BEST-VALUE SOURCE the requirements of this section. him to the bill S. 1042, to authorize ap- SELECTION PILOT PROGRAM.—Paragraph (5) of (e) DEFINITIONS.—In this section: propriations for fiscal year 2006 for section 2461(b) of title 10, United States (1) The term ‘‘National Security Personnel Code, as added by subsection (a), shall not System’’ means the human resources man- military activities of the Department apply with respect to the pilot program for agement system established under the au- of Defense, for military construction, best-value source selection for performance thority of section 9902 of title 5, United and for defense activities of the De- of information technology services author- States Code. partment of Energy, to prescribe per- ized by section 336 of the National Defense (2) The term ‘‘inherently governmental sonnel strengths for such fiscal year Authorization Act for Fiscal Year 2004 (Pub- function’’ has the meaning given that term for the Armed Forces, and for other lic Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 in section 5 of the Federal Activities Inven- purposes; which was ordered to lie on note). tory Reform Act of 1998 (Public Law 105–270; (c) REPEAL OF SUPERSEDED LAW.—Section 112 Stat. 2384; 31 U.S.C. 501 note). the table; as follows: 327 of the Ronald W. Reagan National De- On page 213, between lines 2 and 3, insert fense Authorization Act for Fiscal Year 2005 SA 1443. Mrs. CLINTON submitted an the following: (Public Law 108–375; 10 U.S.C. 2461 note) is re- amendment intended to be proposed by SEC. 807. PUBLIC-PRIVATE COMPETITION FOR pealed. her to the bill S. 1042, to authorize ap- WORK PERFORMED BY CIVILIAN EM- SEC. 808. PERFORMANCE OF CERTAIN WORK BY PLOYEES OF THE DEPARTMENT OF FEDERAL GOVERNMENT EMPLOY- propriations for fiscal year 2006 for DEFENSE. EES. military activities of the Department (a) LIMITATION.—Section 2461(b) of title 10, (a) GUIDELINES.— of Defense, for military construction, United States Code, is amended by adding at (1) IN GENERAL.—The Secretary of Defense and for defense activities of the De- the end the following new paragraph: shall prescribe guidelines and procedures for partment of Energy, to prescribe per- ‘‘(5)(A) Notwithstanding subsection (d), a ensuring that consideration is given to using sonnel strengths for such fiscal year function of the Department of Defense per- Federal Government employees on a regular formed by 10 or more civilian employees may basis for work that is performed under De- for the Armed Forces, and for other not be converted, in whole or in part, to per- partment of Defense contracts and could be purposes; which was ordered to lie on formance by a contractor unless the conver- performed by Federal Government employ- the table; as follows: sion is based on the results of a public-pri- ees. At the end of subtitle H of title V, add the vate competition process that— (2) CRITERIA.—The guidelines and proce- following: ‘‘(i) formally compares the cost of civilian dures prescribed under paragraph (1) shall SEC. 596. SENSE OF CONGRESS ON WOMEN IN employee performance of that function with provide for special consideration to be given COMBAT. the costs of performance by a contractor; to contracts that— It is the sense of Congress that— ‘‘(ii) creates an agency tender, including a (A) have been performed by Federal Gov- (1) women play a critical role in the ac- most efficient organization plan, in accord- ernment employees at any time on or after complishment of the mission of the Armed ance with Office of Management and Budget October 1, 1980; Forces; and Circular A–76, as implemented on May 29, (B) are associated with the performance of (2) there should be no change to existing 2003; and inherently governmental functions; statutes, regulations, or policy that would

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.081 S25JYPT1 S8838 CONGRESSIONAL RECORD — SENATE July 25, 2005 have the effect of decreasing the roles or po- ‘‘§ 120101. Organization ‘‘§ 120107. Tax-exempt status required as con- sitions available to women in the Armed ‘‘(a) FEDERAL CHARTER.—Korean War Vet- dition of charter Forces. erans Association, Incorporated (in this ‘‘If the corporation fails to maintain its chapter, the ‘corporation’), a nonprofit orga- status as an organization exempt from tax- SA 1444. Mrs. CLINTON (for herself nization that meets the requirements for a ation under the Internal Revenue Code of and Mr. KENNEDY) submitted an veterans service organization under section 1986, the charter granted under this chapter amendment intended to be proposed by 501(c)(19) of the Internal Revenue Code of shall terminate. her to the bill S. 1042, to authorize ap- 1986 and that is organized under the laws of ‘‘§ 120108. Records and inspection the State of New York, is a federally char- propriations for fiscal year 2006 for ‘‘(a) RECORDS.—The corporation shall military activities of the Department tered corporation. keep— ‘‘(b) EXPIRATION OF CHARTER.—If the cor- ‘‘(1) correct and complete records of ac- of Defense, for military construction, poration does not comply with the provisions count; and for defense activities of the De- of this chapter, the charter granted by sub- ‘‘(2) minutes of the proceedings of its mem- partment of Energy, to prescribe per- section (a) expires. sonnel strengths for such fiscal year bers, board of directors, and committees hav- ‘‘§ 120102. Purposes ing any of the authority of its board of direc- for the Armed Forces, and for other ‘‘The purposes of the corporation are those tors; and purposes; which was ordered to lie on provided in its articles of incorporation and ‘‘(3) at its principal office, a record of the the table; as follows: shall include the following: names and addresses of its members entitled At the end of subtitle G of title X, add the ‘‘(1) Organize as a veterans service organi- to vote on matters relating to the corpora- following: zation in order to maintain a continuing in- tion. SEC. 1073. RETENTION OF REIMBURSEMENT FOR terest in the welfare of veterans of the Ko- ‘‘(b) INSPECTION.—A member entitled to PROVISION OF RECIPROCAL FIRE rean War, and rehabilitation of the disabled vote on matters relating to the corporation, PROTECTION SERVICES. veterans of the Korean War to include all or an agent or attorney of the member, may Section 5 of the Act of May 27, 1955 (chap- that served during active hostilities and sub- inspect the records of the corporation for ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- sequently in defense of the Republic of any proper purpose, at any reasonable time. ed— Korea, and their families. ‘‘§ 120109. Service of process ‘‘(2) To establish facilities for the assist- (1) by striking ‘‘Funds’’ and inserting ‘‘(a) ‘‘The corporation shall have a designated ance of all veterans and to represent them in Funds’’; and agent in the District of Columbia to receive their claims before the Department of Vet- (2) by adding at the end the following new service of process for the corporation. Notice erans Affairs and other organizations with- subsection: to or service on the agent is notice to or ‘‘(b) Notwithstanding the provisions of sub- out charge. service on the Corporation. section (a), all sums received for any Depart- ‘‘(3) To perpetuate and preserve the comment of Defense activity for fire protection radeship and friendships born on the field of ‘‘§ 120110. Liability for acts of officers and rendered pursuant to this Act shall be cred- battle and nurtured by the common experi- agents ited to the appropriation fund or account ence of service to our nation during the time ‘‘The corporation is liable for the acts of from which the expenses were paid. Amounts of war and peace. its officers and agents acting within the so credited shall be merged with funds in ‘‘(4) To honor the memory of those men scope of their authority. such appropriation fund or account and shall and women who gave their lives that a free ‘‘§ 120111. Annual report be available for the same purposes and sub- America and a free world might live by the ‘‘The corporation shall submit to Congress ject to the same limitations as the funds creation of living memorial, monuments, an annual report on the activities of the cor- with which the funds are merged.’’. and other forms of additional educational, poration during the preceding fiscal year. cultural, and recreational facilities. The report shall be submitted at the same SA 1445. Mr. SARBANES (for himself ‘‘(5) To preserve for ourselves and our pos- time as the report of the audit required by and Ms. MIKULSKI) submitted an terity the great and basic truths and endur- section 10101(b) of this title. The report may amendment intended to be proposed by ing principles upon which this nation was not be printed as a public document. founded. him to the bill S. 1042, to authorize ap- ‘‘§ 120112. Definition propriations for fiscal year 2006 for ‘‘§ 120103. Membership ‘‘For purposes of this chapter, the term military activities of the Department ‘‘Eligibility for membership in the cor- ‘State’ includes the District of Columbia and of Defense, for military construction, poration, and the rights and privileges of the territories and possessions of the United and for defense activities of the De- members of the corporation, are as provided States.’’. in the bylaws of the corporation. partment of Energy, to prescribe per- (b) CLERICAL AMENDMENT.—The item relat- ‘‘§ 120104. Governing body sonnel strengths for such fiscal year ing to chapter 1201 in the table of chapters at ‘‘(a) BOARD OF DIRECTORS.—The composi- the beginning of subtitle II of title 36, United for the Armed Forces, and for other tion of the board of directors of the corpora- States Code, is amended to read as follows: purposes; which was ordered to lie on tion, and the responsibilities of the board, ‘‘1201. Korean War Veterans Associa- the table; as follows: are as provided in the articles of incorporation, Incorporated ...... 120101’’ At the end of subtitle G of title X, add the tion of the corporation. following: ‘‘(b) OFFICERS.—The positions of officers of SA 1446. Mr. CORZINE submitted an SEC. 1073. GRANT OF FEDERAL CHARTER TO KO- the corporation, and the election of the offi- amendment intended to be proposed by REAN WAR VETERANS ASSOCIATION, cers, are as provided in the articles of incor- him to the bill S. 1042, to authorize ap- INCORPORATED. poration. propriations for fiscal year 2006 for (a) GRANT OF CHARTER.—Part B of subtitle ‘‘§ 120105. Powers military activities of the Department II of title 36, United States Code, is amend- ‘‘The corporation has only those powers of Defense, for military construction, ed— provided in its bylaws and articles of incor- (1) by striking the following: and for defense activities of the De- poration filed in each State in which it is in- partment of Energy, to prescribe per- ‘‘CHAPTER 1201—[RESERVED]’’; corporated. sonnel strengths for such fiscal year and ‘‘§ 120106. Restrictions (2) by inserting after chapter 1103 the fol- for the Armed Forces, and for other ‘‘(a) STOCK AND DIVIDENDS.—The corpora- purposes; which was ordered to lie on lowing new chapter: tion may not issue stock or declare or pay a ‘‘CHAPTER 1201—KOREAN WAR VETERANS dividend. the table; as follows: ASSOCIATION, INCORPORATED 120101’’. ‘‘(b) POLITICAL ACTIVITIES.—The corpora- At the end of subtitle C of title V, add the tion, or a director or officer of the corpora- following: ‘‘Sec. ‘‘120101. Organization. tion as such, may not contribute to, support, SEC. 538. REDUCTION IN AGE FOR RECEIPT OF ‘‘120102. Purposes. or participate in any political activity or in MILITARY RETIRED PAY FOR NON- REGULAR SERVICE. ‘‘120103. Membership. any manner attempt to influence legislation. ‘‘120104. Governing body. ‘‘(c) LOAN.—The corporation may not make (a) REDUCTION IN AGE.—Section 12731(a)(1) ‘‘120105. Powers. a loan to a director, officer, or employee of of title 10, United States Code, is amended by ‘‘120106. Restrictions. the corporation. striking ‘‘at least 60 years of age’’ and in- ‘‘120107. Tax-exempt status required as condi- ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR serting ‘‘at least 55 years of age’’. tion of charter. AUTHORITY.—The corporation may not claim (b) APPLICATION TO EXISTING PROVISIONS OF ‘‘120108. Records and inspection. congressional approval, or the authority of LAW OR POLICY.—With respect to any provi- ‘‘120109. Service of process. the United States, for any of its activities. sion of law, or of any policy, regulation, or ‘‘120110. Liability for acts of officers and ‘‘(e) CORPORATE STATUS.—The corporation directive of the executive branch, that refers agents. shall maintain its status as a corporation in- to a member or former member of the uni- ‘‘120111. Annual report. corporated under the laws of the State of formed serivces as being eligible for, or enti- ‘‘120112. Definition. New York. tled to, retired pay under chapter 1223 of

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.081 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8839 title 10, United States Code, but for the fact priate, reviews of the integrity, fairness, and medical center under subsection (a), the Vac- that the member or former member is under balance of the programming of the American cine Health Care Centers referred to in sub- 60 years of age, such provision shall be car- Forces Network; section (b)(1) may carry out the following: ried out with respect to that member or (ii) initiate and conduct, upon the request (1) Medical assistance and care to individ- former member by substituting for the ref- of Congress or members of the audience of uals receiving mandatory military vaccines erence to being 60 years of age a reference to the American Forces Network, reviews of the and their dependents, including long-term the age in effect for qualification for such re- programming of the Network; case management for adverse events where tired pay under section 12731(a) of title 10, (iii) identify, pursuant to reviews under necessary. United States Code, as amended by subclause (i) or (ii) or otherwise, circumstances (2) Evaluations to identify and treat poten- section (a). in which the American Forces Network has tial and actual health effects from vaccines (c) EFFECTIVE DATE.— The amendment not adhered to the standards and practices of before and after their use in the field. made by subsection (a) shall take effect on the Network in its programming, including (3) The development and sustainment of a the first day of the first month beginning on circumstances in which the programming of long-term vaccine safety and efficacy reg- or after the date of the enactment of this the Network lacked integrity, fairness, or istry. Act and shall apply to retired pay payable balance; and (4) Support for an expert clinical advisory for that month and subsequent months. (iv) make recommendations to the Amer- board for case reviews related to disability ican Forces Network on means of correcting assessment questions. SA 1447. Mr. HARKIN (for himself the lack of adherence identified pursuant to (5) Long-term and short-term studies to and Mr. DORGAN) submitted an amend- clause (iii). identify unanticipated benefits and adverse ment intended to be proposed by him (C) LIMITATION.—In carrying out the duties events from vaccines. to the bill S. 1042, to authorize appro- of the Ombudsman under this paragraph, the (6) Educational outreach for immunization priations for fiscal year 2006 for mili- Ombudsman may not engage in any pre- providers and those requiring immuniza- broadcast censorship or pre-broadcast review tary activities of the Department of tions. of the programming of the American Forces (7) The development, dissemination, and Defense, for military construction, and Network. validation of educational materials for De- for defense activities of the Depart- (4) RESOURCES.—The Secretary of Defense partment of Defense healthcare workers re- ment of Energy, to prescribe personnel shall provide the Office of the Ombudsman of lating to vaccine safety, efficacy, and ac- strengths for such fiscal year for the the American Forces Network such per- ceptability. Armed Forces, and for other purposes; sonnel and other resources as the Secretary which was ordered to lie on the table; and the Ombudsman jointly determine ap- SA 1449. Mr. KERRY submitted an propriate to permit the Ombudsman to carry as follows: amendment intended to be proposed by out the duties of the Ombudsman under him to the bill S. 1042, to authorize ap- At the end of subtitle A of title IX, add the paragraph (3). following: propriations for fiscal year 2006 for (5) INDEPENDENCE.—The Secretary shall military activities of the Department SEC. 903. AMERICAN FORCES NETWORK. take appropriate actions to ensure the com- (a) MISSION.—The American Forces Net- plete independence of the Ombudsman and of Defense, for military construction, work (AFN) shall provide members of the the Office of the Ombudsman of the Amer- and for defense activities of the De- Armed Forces, civilian employees of the De- ican Forces Network within the Department partment of Energy, to prescribe per- partment of Defense, and their families sta- of Defense. sonnel strengths for such fiscal year tioned outside the continental United States (6) ANNUAL REPORTS.— for the Armed Forces, and for other and at sea with the same type and quality of (A) IN GENERAL.—The Ombudsman shall purposes; which was ordered to lie on American radio and television news, infor- submit to the Secretary of Defense and the the table; as follows: mation, sports, and entertainment as is congressional defense committees each year available in the continental United States. On page 237, after line 17, insert the fol- a report on the activities of the Office of the lowing: (b) POLITICAL PROGRAMMING.— Ombudsman of the American Forces Net- SEC. 846. DISASTER RELIEF FOR SMALL BUSI- (1) FAIRNESS AND BALANCE.—All political work during the preceding year. programming of the American Forces Net- NESS CONCERNS DAMAGED BY (B) AVAILABILITY TO PUBLIC.—The Ombuds- DROUGHT. work shall be characterized by its fairness man shall make available to the public each (a) DROUGHT DISASTER AUTHORITY.— and balance. report submitted under subparagraph (A) (1) DEFINITION OF DISASTER.—Section 3(k) (2) FREE FLOW OF PROGRAMMING.—The through the Internet website of the Office of of the Small Business Act (15 U.S.C. 632(k)) is American Forces Network shall provide in the Ombudsman of the American Forces Net- amended— its programming a free flow of political pro- work and by such other means as the Om- (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and gramming from United States commercial budsman considers appropriate. (B) by adding at the end the following: and public radio and television stations. ‘‘(2) For purposes of section 7(b)(2), the (c) OMBUDSMAN OF THE AMERICAN FORCES SA 1448. Mr. BIDEN (for himself, Mr. term ‘disaster’ includes— NETWORK.— CARPER, and Mr. BINGAMAN) submitted ‘‘(A) drought; and (1) ESTABLISHMENT.—There is hereby estab- an amendment intended to be proposed ‘‘(B) below average water levels in the lished the Office of the Ombudsman of the Great Lakes, or on any body of water in the American Forces Network. by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for United States that supports commerce by (2) HEAD OF OFFICE.— small business concerns.’’. (A) OMBUDSMAN.—The head of the Office of military activities of the Department (2) DROUGHT DISASTER RELIEF AUTHORITY.— the Ombudsman of the American Forces Net- of Defense, for military construction, and for defense activities of the De- Section 7(b)(2) of the Small Business Act (15 work shall be the Ombudsman of the Amer- U.S.C. 636(b)(2)) is amended— ican Forces Network (in this subsection re- partment of Energy, to prescribe per- (A) by inserting ‘‘(including drought), with ferred to as the ‘‘Ombudsman’’), who shall be sonnel strengths for such fiscal year respect to both farm-related and nonfarm-re- appointed by the Secretary of Defense. for the Armed Forces, and for other lated small business concerns,’’ before ‘‘if (B) QUALIFICATIONS.—Any individual nomi- purposes; which was ordered to lie on the Administration’’; and nated for appointment to the position of Om- the table; as follows: (B) in subparagraph (B), by striking ‘‘the budsman shall have recognized expertise in At the end of subtitle B of title VII, add Consolidated Farmers Home Administration the field of mass communications, print Act of 1961 (7 U.S.C. 1961)’’ and inserting the media, or broadcast media. the following: SEC. 718. RESPONSE TO MEDICAL NEEDS ARIS- following: ‘‘section 321 of the Consolidated (C) PART-TIME STATUS.—The position of ING FROM MANDATORY MILITARY Farm and Rural Development Act (7 U.S.C. Ombudsman shall be a part-time position. VACCINATIONS. 1961), in which case, assistance under this (D) TERM.—The term of office of the Om- (a) IN GENERAL.—The Secretary of Defense paragraph may be provided to farm-related budsman shall be five years. shall maintain a joint military medical cen- and nonfarm-related small business con- (E) REMOVAL.—The Ombudsman may be re- ter of excellence focusing on the medical cerns, subject to the other applicable re- moved from office by the Secretary only for needs arising from mandatory military vac- quirements of this paragraph’’. malfeasance. cinations. (b) LIMITATION ON LOANS.—From funds oth- (3) DUTIES.— (b) ELEMENTS.—The joint military medical erwise appropriated for loans under section (A) IN GENERAL.—The Ombudsman shall en- center of excellence under subsection (a) 7(b) of the Small Business Act (15 U.S.C. sure that the American Forces Network ad- shall consist of the following: 636(b)), not more than $9,000,000 may be used heres to the standards and practices of the (1) The current Vaccine Health Care Cen- during each of fiscal years 2005 through 2008, Network in its programming. ters of the Department of Defense, which to provide drought disaster loans to non- (B) PARTICULAR DUTIES.—In carrying out shall be the principle elements of the center. farm-related small business concerns in ac- the duties of the Ombudsman under this (2) Any other elements that the Secretary cordance with this section and the amend- paragraph, the Ombudsman shall— considers appropriate. ments made by this section. (i) initiate and conduct, with such fre- (c) AUTHORIZED ACTIVITIES.—In acting as (c) PROMPT RESPONSE TO DISASTER RE- quency as the Ombudsman considers appro- the principle elements of the joint military QUESTS.—Section 7(b)(2)(D) of the Small

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.082 S25JYPT1 S8840 CONGRESSIONAL RECORD — SENATE July 25, 2005 Business Act (15 U.S.C. 636(b)(2)(D)) is retary concerned shall perform mental Act of 2004) as paragraph (21) and by insert- amended by striking ‘‘Upon receipt of such health screenings of each member of the ing after paragraph (21) (as so redesignated) certification, the Administration may’’ and Armed Forces who is deployed in a combat the following new paragraph: inserting ‘‘Not later than 30 days after the operation or to a combat zone. ‘‘(v) CERTAIN CONTRIBUTIONS TO ARMED date of receipt of such certification by a (b) NATURE OF SCREENINGS.—The first men- FORCES RELIEF TRUST.—The deduction al- Governor of a State, the Administration tal health screening of a member under this lowed by section 170 which is attributable to shall respond in writing to that Governor on section shall be designed to determine the contributions to the Armed Forces Relief its determination and the reasons therefore, mental state of such member before deploy- Trust not in excess of $1,000.’’. and may’’. ment. Each other mental health screening of (c) TREATMENT OF CHARITABLE CONTRIBU- (d) RULEMAKING.—Not later than 45 days a member under this section shall be des- TIONS TO ARMED FORCES RELIEF TRUST.— after the date of enactment of this Act, the ignated to detect symptoms or other evi- (1) IN GENERAL.—Notwithstanding any Administrator of the Small Business Admin- dence in such member of Post Traumatic other provision of law, any contribution istration shall promulgate final rules to Stress Disorder (PTSD) or other mental made by any of the societies associated with carry out this section and the amendments health condition relating to combat. the Armed Forces Relief Trust shall not be made by this section. (c) TIME OF SCREENINGS.—A member shall commingled with any charitable contribu- receive a mental health screening under this tion made to the Trust Fund for which a de- SA 1450. Mr. OBAMA (for himself and section at times as follows: duction under section 170 of the Internal Mr. SALAZAR) submitted an amend- (1) Prior to deployment in a combat oper- Revenue Code of 1986 is allowable. ment intended to be proposed by him ation or to a combat zone. (2) ADMINISTRATION OF CHARITABLE CON- to the bill S. 1042, to authorize appro- (2) Not later than 30 days after the date of TRIBUTIONS.—The administration and distribution of any charitable contributions de- priations for fiscal year 2006 for mili- the member’s return from such deployment. (3) Whenever the member is screened for scribed in paragraph (1) shall be made by the tary activities of the Department of Armed Forces Relief Trust subject to the ad- Defense, for military construction, and human immunodeficiency virus (HIV) or acquired immune deficiency syndrom (AIDS). vice of a board of directors the establishment for defense activities of the Depart- (4) Whenever the member receives any and operation of which is determined under ment of Energy, to prescribe personnel other medical examination through the De- subsection (d). (d) ADVISORY BOARD OF DIRECTORS.— strengths for such fiscal year for the partment of Defense. Armed Forces, and for other purposes; (1) APPOINTMENT.— which was ordered to lie on the table; SA 1452. Ms. LANDRIEU submitted (A) IN GENERAL.—Within the Armed Forces Relief Trust there is established an advisory as follows: an amendment intended to be proposed board of directors the members of which are At the end of subtitle E of title VI, add the by her to the bill S. 1042, to authorize appointed as follows: following: appropriations for fiscal year 2006 for (i) One individual appointed by the Chair- SEC. 653. LIMITATIONS ON INQUIRIES BY EM- military activities of the Department man of the Committee on Finance of the PLOYERS REGARDING SERVICE IN of Defense, for military construction, Senate. THE UNIFORMED SERVICES OF PRO- (ii) One individual appointed by the Chair- SPECTIVE EMPLOYEES. and for defense activities of the De- man of the Committee on Armed Services of Section 4311 of title 38, United States Code, partment of Energy, to prescribe per- the Senate. is amended— sonnel strengths for such fiscal year (iii) One individual appointed by the Chair- (1) by redesignating subsections (c) and (d) for the Armed Forces, and for other man of the Committee on Veterans’ Affairs as subsections (d) and (e), respectively; purposes; which was ordered to lie on of the Senate. (2) by inserting after subsection (b) the fol- the table; as follows: (iv) One individual appointed by the Chair- lowing new subsection (c): ‘‘(c) A prospective employer shall not ask At the appropriate place insert the fol- man of the Committee on Appropriations of or inquire, whether orally or in writing, lowing: the Senate. about the membership in the uniformed serv- SEC. ll. TAX CHECK-OFF FOR CERTAIN CON- (v) One individual appointed by the Chair- ices of a person seeking employment with TRIBUTIONS TO ARMED FORCES RE- man of the Joint Committee on Taxation. such employer unless— LIEF TRUST. (vi) One individual appointed by the Chair- ‘‘(1) such membership is a condition of em- (a) TAX CHECK-OFF.— man of the Committee on Armed Services of ployment; or (1) IN GENERAL.—In the case of an indi- the House of Representatives. ‘‘(2) such employer has a formal written vidual, with respect to each taxpayer’s re- (vii) One individual appointed by the policy of providing preference in hiring to turn for the taxable year of the tax imposed Chairman of the Committee on Veterans’ Af- current members of the uniformed services, by chapter 1, such individual may designate fairs of the House of Representatives. veterans, or both.’’; and that a contribution has been made for such (viii) One individual appointed by the (3) in subsection (d), as redesignated by taxable year to the Armed Forces Relief Chairman of the Committee on Appropria- paragraph (1) of this section— Trust. tions of the House of Representatives. (A) in paragraph (1), by striking ‘‘or’’ at (2) MANNER AND TIME OF DESIGNATION.—A (ix) One individual appointed by the Presi- the end; designation under paragraph (1) may be dent from each of the following: the Army (B) in paragraph (2), by striking the period made with respect to any taxable year only Emergency Relief Society, the Navy Marine at the end and inserting ‘‘; or’’; and at the time of filing the return of the tax im- Corps Relief Society, the Air Force Aid Soci- (C) by adding at the end the following new posed by chapter 1 for such taxable year. ety, and the Coast Guard Mutual Assistance paragraph: Such designation shall be made in such man- Relief Society. ‘‘(4) under subsection (c), if the employer ner as the Secretary prescribes by regula- (x) Two individuals appointed by the Presi- makes an inquiry prohibited by that sub- tions except that such designation shall be dent from 2 veterans service organizations. section.’’. made on the first page of the return in the (B) TERM.—The term of each member of area below the designation for income tax the advisory board shall be 3 years, except SA 1451. Ms. LANDRIEU submitted payments to the Presidential Election Cam- that any member whose term of office has an amendment intended to be proposed paign Fund. expired shall continue to serve until such by her to the bill S. 1042, to authorize (3) EXPLANATION OF TAX TREATMENT OF CON- member’s successor is appointed. No member appropriations for fiscal year 2006 for TRIBUTIONS TO ARMED FORCES RELIEF TRUST.— shall serve more than two 3-year terms. The Secretary shall provide taxpayers with (C) APPOINTMENT OF SUCCESSORS.—The ap- military activities of the Department an explanation that an above-the-line deduc- pointment of any successor member shall be of Defense, for military construction, tion under section 62(a)(22) of the Internal made in the same manner as the original ap- and for defense activities of the De- Revenue Code of 1986 is allowed for any tax- pointment. If a member dies or resigns be- partment of Energy, to prescribe per- able year with respect to any contribution fore the expiration of the member’s term, a sonnel strengths for such fiscal year designated under paragraph (1) for such tax- successor shall be appointed for the unex- for the Armed Forces, and for other able year in an amount not to exceed $1,000, pired portion of the term in the same man- purposes; which was ordered to lie on that any amount of such contribution in ex- ner as the original appointment. the table; as follows: cess of $1,000 may be taken as an additional (D) PROHIBITION.—No member of the advi- deduction for such taxable year by any tax- sory board may be an employee of the Fed- At the end of subtitle F of title V, add the payer who itemizes deductions, and that eral Government. following: such above-the-line deduction is not includ- (2) CHAIRMAN; VICE CHAIRMAN.— SEC. 573. MENTAL HEALTH SCREENINGS OF MEM- ible in the determination of the alternative (A) DESIGNATION.—The President shall des- BERS OF THE ARMED FORCES FOR POST TRAUMATIC STRESS DIS- minimum tax under section 55 of such Code. ignate a chairman for the advisory board. ORDER AND OTHER MENTAL (b) ABOVE-THE-LINE DEDUCTION.—Section The advisory board shall not later than its HEALTH CONDITIONS. 62(a) of the Internal Revenue Code of 1986 second meeting, by majority vote, designate (a) MENTAL HEALTH SCREENINGS.— (defining adjusted gross income) is amended a vice chairman, who shall perform the du- (1) IN GENERAL.—Under regulations pre- by redesignating paragraph (20) (as added by ties of the chairman in the absence of the scribed by the Secretary of Defense, the Sec- section 703(a) of the American Jobs Creation chairman.

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(B) DUTIES OF CHAIRMAN.—The chairman (6) the availability and delivery of food and ‘‘(A) the date of the of the award of the shall call the meetings of the advisory board, basic supplies and services; contract for the delivery of the item or com- propose meeting agendas, chair the meet- (7) surveillance efforts domestically and ponent to the Department of Defense; or ings, and establish, with the approval of a internationally, including those utilizing the ‘‘(B) any other date agreed upon by the De- majority of the members, the rules and pro- Global Emerging Infections Systems (GEIS), partment of Defense consistent with the procedures for such meetings. and how such efforts are integrated with duction process of the producer under sub- (3) OPERATIONS OF THE BOARD.—The advi- other ongoing surveillance systems; paragraph (1)(A).’’. sory board shall meet semi-annually, for the (8) the integration of pandemic and re- purpose of providing ongoing advice to the sponse planning with those of other Federal SA 1455. Ms. LANDRIEU submitted Armed Forces Relief Trust regarding the dis- departments, including the Department of an amendment intended to be proposed tribution of contributed funds, policies gov- Health and Human Services, Department of by her to the bill S. 1042, to authorize erning said distribution, and the administra- the Veterans Affairs, Department of State, tive costs and operations of the Armed appropriations for fiscal year 2006 for and USAID; and military activities of the Department Forces Relief Trust. A majority of the mem- (9) collaboration (as appropriate) with bers shall constitute a quorum. Advisory international entities engaged in pandemic of Defense, for military construction, board members shall serve without com- preparedness and response. and for defense activities of the De- pensation. While performing duties as a (b) SUBMISSION OF REPORT.—Not later than partment of Energy, to prescribe per- member of the advisory board, each member 120 days after the date of enactment of this sonnel strengths for such fiscal year shall be reimbursed under Federal Govern- Act, and annually thereafter, the Secretary for the Armed Forces, and for other ment travel regulations for travel expenses. of Defense shall submit to the Committee on purposes; which was ordered to lie on Such reimbursements and any other reason- Armed Services and the Committee on the table; as follows: able expenses of the advisory board shall be Health, Education, Labor, and Pensions of provided by the budget of the Executive Of- the Senate and the Committee on Armed At the end of title VII, add the following: fice of the President. Services and Committee on Energy and Com- Subtitle D—Post Traumatic Stress Disorder (4) AUDIT.—The General Accountability Of- merce of the House of Representatives, a re- SEC. 741. SHORT TITLE. fice shall audit the distribution and manage- port concerning the results of the study con- This subtitle may be cited as the ‘‘Peace of ment of funds of the Armed Forces Relief ducted under subsection (a). Trust on an annual basis to ensure compli- Mind for Our Armed Forces and Their Fam- ily Members Act of 2005’’. ance with statutory and administrative di- SA 1454. Mr. LEAHY submitted an rectives. The Comptroller General of the SEC. 722. MENTAL HEALTH SCREENINGS FOR amendment intended to be proposed by POST TRAUMATIC STRESS DIS- United States shall report to the advisory him to the bill S. 1042, to authorize ap- board and Congress on the results of such ORDER AND OTHER MENTAL HEALTH CONDITIONS. audit. propriations for fiscal year 2006 for (a) SCREENINGS OF MEMBERS OF ARMED (5) REPORTS.—Within 60 days after its military activities of the Department FORCES.— semi-annual meeting, the advisory board of Defense, for military construction, N GENERAL.—Under regulations pre- shall submit a written report to the Presi- and for defense activities of the De- (1) I scribed by the Secretary of Defense, the Sec- dent of its action, and of its views and rec- partment of Energy, to prescribe per- ommendations. Any report other than the retary concerned shall perform mental sonnel strengths for such fiscal year health screenings of each member of the semi-annual report, shall, if approved by a for the Armed Forces, and for other majority of the members of the advisory Armed Forces who is deployed in a combat board, be submitted to the President within purposes; which was ordered to lie on operation or to a combat zone. 60 days after such approval. the table; as follows: (2) NATURE OF SCREENINGS.—The first men- (e) EFFECTIVE DATE.—The amendments At the end of subtitle B of title VIII, add tal health screening of a member under this made by this section shall apply to taxable the following: subsection shall be designed to determine the mental state of such member before de- years beginning after December 31, 2004. SEC. 815. COMPLIANCE WITH BERRY AMEND- MENT REGARDING CERTAIN SPE- ployment. Each other mental health screen- SA 1453. Mr. OBAMA submitted an CIALTY METALS. ing of a member under this subsection shall amendment intended to be proposed by Section 2533a of title 10, United States be designated to detect symptoms or other him to the bill S. 1042, to authorize ap- Code, is amended— evidence in such member of Post Traumatic propriations for fiscal year 2006 for (1) in subsection (a), by striking ‘‘(h)’’ and Stress Disorder (PTSD) or other mental military activities of the Department inserting ‘‘(i)’’; health condition relating to combat. (3) TIME OF SCREENINGS.—A member shall of Defense, for military construction, (2) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and receive a mental health screening under this and for defense activities of the De- subsection at times as follows: partment of Energy, to prescribe per- (k), respectively; and (3) by inserting after subsection (e) the fol- (A) Prior to deployment in a combat oper- sonnel strengths for such fiscal year lowing new subsection (f): ation or to a combat zone. for the Armed Forces, and for other ‘‘(f) EXCEPTION FOR SPECIALTY METALS TO (B) Not later than 30 days after the date of purposes; which was ordered to lie on FACILITATE CIVIL-MILITARY INTEGRATION.—(1) the member’s return from such deployment. the table; as follows: Subsection (a) does not preclude the procure- (C) Not later than 90 days after the date of In subtitle B of title VII of the bill, add the ment of an item containing specialty metals the member’s return from such deployment. following at the end: produced outside the United States if the (D) Not later than 180 days after the date SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS. contractor or subcontractor that produces of the member’s return from such deploy- (a) STUDY.—The Secretary of Defense, in the item (or, in the case of a component that ment. collaboration with the Secretary of Health contains specialty metals, the producer of (E) Not later than one year after the date and Human Services, shall conduct an ongo- such component)— of the member’s return from such deploy- ing study on efforts within the Department ‘‘(A) uses the same production processes ment, and every year thereafter until such of Defense to prepare for pandemic influenza, for the production of the item or component time as the Secretary concerned determines including pandemic avian influenza. In con- being delivered to the Department of Defense appropriate. ducting such study the Secretary shall ad- as it uses for similar items or components to (b) SCREENING OF DEPENDENTS.—Subject to dress the following, with respect to military be delivered to other customers; the availability of facilities and resources, and civilian personnel— ‘‘(B) notifies the contracting officer before the Secretary concerned may perform men- (1) the procurement of vaccines, antivirals the award of the contract that it will pur- tal health screenings of any dependent of a and other medicines, and medical supplies, chase during the period specified in para- member of the Armed Forces deployed in a including personal protective equipment, graph (2) an amount of domestically-melted combat operation or to a combat zone who particularly those that must be imported; specialty metals equivalent in quality and requests such screenings under this section. (2) protocols for the allocation and dis- amount to that which would have been used (c) OTHER SCREENINGS.—Nothing in this tribution of vaccines and medicines among to produce the item or component for deliv- section shall be construed to prohibit the high priority populations; ery to the Department of Defense; and Secretary concerned from performing other (3) public health containment measures ‘‘(C) purchases the amount of domesti- mental health screenings or assessments of a that may be implemented on military bases cally-melted specialty metals specified in member of the Armed Forces, or of a depend- and other facilities, including quarantine, the notice under subparagraph (B) during the ent of a member of the Armed Forces, if cir- travel restrictions and other isolation pre- period specified in paragraph (2). cumstances so warrant. cautions; ‘‘(2) The period specified in the subpara- SEC. 743. LEADERSHIP TRAINING ON POST TRAU- (4) communication with Department of De- graph (1)(B) with respect to an item or com- MATIC STRESS DISORDER. fense affiliated health providers about pan- ponent covered by paragraph (1) is the period (a) TRAINING REQUIRED.—Each Secretary demic preparedness and response; ending on the date of the delivery of the concerned shall provide training on the (5) surge capacity for the provision of med- item or component to the Department of De- causes, symptoms, and effects of Post Trau- ical care during pandemics; fense and beginning on— matic Stress Disorder (PTSD) to members of

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.083 S25JYPT1 S8842 CONGRESSIONAL RECORD — SENATE July 25, 2005 the Armed Forces who serve as commanders for the Armed Forces, and for other (3) $4,200,000 may be available for spouses, of military units at the company level and purposes; which was ordered to lie on facilities, and materials. above. the table; as follows: (b) ELEMENTS.—The training provided SA 1458. Mr. NELSON submitted an under subsection (a) shall include the fol- At the end of subtitle C of title V, add the amendment intended to be proposed by following: lowing: him to the bill S. 1042, to authorize ap- (1) Information on the availability of men- SEC. 358. SENSE OF SENATE ON TAX RELIEF FOR EMPLOYERS WHO COVER PAY GAP propriations for fiscal year 2006 for tal health screenings under section 2 for OF MOBILIZED EMPLOYEES WHO military activities of the Department members of the Armed Forces and their de- ARE MEMBERS OF THE NATIONAL of Defense, for military construction, pendents. GUARD AND RESERVES. (2) Information on various means of en- (a) FINDINGS.—The Senate makes the fol- and for defense activities of the De- couraging members of the Armed Forces who lowing findings: partment of Energy, to prescribe per- may be experiencing Post Traumatic Stress (1) More than 137,000 members of the Na- sonnel strengths for such fiscal year Disorder to seek evaluation and treatment. tional Guard and the Reserves have been for the Armed Forces, and for other (3) Such other information on Post Trau- called or ordered to active duty. purposes; which was ordered to lie on matic Stress Disorder, and the identifica- (2) 74,700 members of the National Guard the table; as follows: tion, evaluation, and treatment of Post and the Reserves are serving bravely in the On page 378, between lines 10 and 11, insert Traumatic Stress Disorder, as the Secretary war on terrorism. the following: concerned considers appropriate. (3) When a member of the National Guard SEC. 3114. COMPENSATION OF ENERGY EMPLOY- SEC. 744. TRAINING AND EDUCATION OF MEM- or the Reserves is called or ordered to active EES EXPOSED TO RESIDUAL BERYL- BERS OF THE ARMED FORCES AND duty, the member faces a loss of income in LIUM CONTAMINATION. THEIR DEPENDENTS ON POST TRAU- the difference between the amount of the (a) AMENDMENTS TO ENERGY EMPLOYEES OC- MATIC STRESS DISORDER. member’s civilian pay and the member’s (a) TRAINING FOR MEMBERS OF ARMED CUPATIONAL ILLNESS PROGRAM.—The Energy military pay (often referred to as a ‘‘pay Employees Occupational Illness Compensa- FORCES.—Each Secretary concerned shall gap’’) because military salaries are less than provide training on the causes, symptoms, tion Program Act of 2000 (title XXXVI of the civilian salaries. More than 51 percent of our Floyd D. Spence National Defense Authoriza- and effects of Post Traumatic Stress Dis- citizen soldiers take a pay cut when they are order (PTSD) to members of the Armed tion Act for Fiscal Year 2001 (as enacted into deployed, and 11 percent of them lose more law by Public Law 106–398)) is amended as Forces. than $2,500 per month. (b) EDUCATION FOR DEPENDENTS.—Each follows: (4) The pay gap can make it difficult for Secretary concerned shall take appropriate (1) EMPLOYEES COVERED UNDER PROGRAM.— military families to make ends meet while a actions to make available to the dependents Section 3621(7)(C) (42 U.S.C. 7384l(7)(C)) is member of the National Guard or the Re- of members of the Armed Forces information amended by striking ‘‘during a period when serves is mobilized. on the causes, symptoms, and effects of Post the vendor was engaged in activities related (5) There are hundreds, if not thousands, of Traumatic Stress Disorder in members of the to the production or processing of beryllium patriotic employers that continue to pay the Armed Forces. for sale to, or use by, the Department of En- salaries of members of the National Guard ergy’’ and inserting the following: ‘‘during a SEC. 745. TREATMENT PROGRAMS FOR POST and the Reserves who are called or ordered TRAUMATIC STRESS DISORDER AND period when— OTHER MENTAL HEALTH CONDI- to active duty. ‘‘(i) the vendor was engaged in activities TIONS. (6) Some of these employers not only con- related to the production or processing of be- (a) PROGRAMS REQUIRED.—The Secretary of tinue to pay salaries to their employees who ryllium for sale to, or use by, the Depart- Defense shall implement programs, and en- are members of the National Guard or the ment of Energy; or hance existing programs, in order to improve Reserves on active duty, they often need to ‘‘(ii) there existed a potential for signifi- the treatment provided by the Department hire a temporary employee to keep their cant residual beryllium contamination at a of Defense to members of the Armed Forces businesses going while such employees are facility after the vendor ceased to be en- for Post Traumatic Stress Disorder (PTSD) on active duty. gaged in such activities, according to the Re- and other mental health conditions associ- (7) While these patriotic employers make port on Residual Radioactive Contamination ated with service in combat. Such programs this sacrifice, there are thousands more who and Beryllium Contamination at Atomic shall facilitate the participation of depend- cannot afford to do so. Weapons Employer Facilities and Beryllium ents of members of the Armed Forces in the (b) SENSE OF SENATE.—It is the sense of the Vendors, published by the National Institute treatment of such members for such condi- Senate that the tax provisions under budget for Occupational Safety and Health in Octo- tions. reconciliation should contain provisions to ber 2003, or any update of such report, includ- (b) REPORT ON PROGRAMS.—Not later than provide tax relief to employers who make up ing updates required under section 3169 of one year after the date of the enactment of the pay gap for their employees who are the Ronald W. Reagan National Defense Au- this Act, the Secretary shall submit to Con- called or ordered to active duty in the Na- thorization Act for Fiscal Year 2005 (Public gress a report on the actions taken by the tional Guard or the Reserves. Law 108–375; 42 U.S.C. 7384 note).’’. Secretary under subsection (a). The report SA 1457. Ms. LANDRIEU submitted (2) DETERMINATION OF BERYLLIUM EXPO- shall include— SURE.—Section 3623(a) (42 U.S.C. 7384n(a)) is (1) a description of the programs imple- an amendment intended to be proposed amended— mented or enhanced under that subsection, by her to the bill S. 1042, to authorize (A) by redesignating paragraphs (1) and (2) including a description of how such programs appropriations for fiscal year 2006 for as subparagraphs (A) and (B), respectively; will improve the treatment of members of military activities of the Department (B) by striking ‘‘A covered beryllium em- the Armed Forces for Post Traumatic Stress of Defense, for military construction, ployee’’ and inserting ‘‘(1) A covered beryl- Disorder; and and for defense activities of the De- lium employee’’; (2) information on the participation of partment of Energy, to prescribe per- (C) by inserting after ‘‘such facility’’ the members of the Armed Forces and their de- sonnel strengths for such fiscal year following: ‘‘or significant residual beryllium pendents in such programs. remained after the termination at such facil- for the Armed Forces, and for other SEC. 746. DEFINITIONS. ity of activities related to the production or In this subtitle: purposes; which was ordered to lie on processing of beryllium’’; and (1) DEPENDENT.—The term ‘‘dependent’’, the table; as follows: (D) by adding at the end the following new with respect to a member of the Armed At the end of subtitle C of title III, add the paragraph: Forces, has the meaning given such term in following: ‘‘(2) A covered beryllium employee exposed section 1072(2) of title 10, United States Code. SEC. 330. CHAPLAIN PROGRAM. to residual beryllium while present in a fa- (2) SECRETARY CONCERNED.—The term ‘‘Sec- (a) ADDITIONAL AMOUNT FOR OPERATION AND cility that engaged in activities related to retary concerned’’ has the meaning given MAINTENANCE, ARMY RESERVE.—The amount the production or processing of beryllium for such term in section 101(a) of title 10, United authorized to be appropriated by section sale to, or use by, the Department of Energy States Code. 301(6) for operation and maintenance for the and one or more other entities shall be deter- Army Reserve is hereby increased by mined to have been exposed to beryllium in SA 1456. Ms. LANDRIEU submitted $7,600,000. the performance of duty for the purposes of an amendment intended to be proposed (b) AVAILABILITY OF AMOUNT.—Of the the compensation program regardless of by her to the bill S. 1042, to authorize amount authorized to be appropriated by whether the source of such exposure can be appropriations for fiscal year 2006 for section 301(6) for operation and maintenance distinguished through reliable documenta- military activities of the Department for the Army Reserve, as increased by sub- tion.’’. section (a), $7,600,000 may be available for (3) REQUIREMENT TO EXPAND LIST OF BERYL- of Defense, for military construction, the Chaplain Program, of which— LIUM VENDORS.—Section 3622 (42 U.S.C. and for defense activities of the De- (1) $2,400,000 may be available for trainers; 7384m) is amended by striking ‘‘Not later partment of Energy, to prescribe per- (2) $1,000,000 may be available for aug- than December 31, 2002, the President may’’ sonnel strengths for such fiscal year mentation personnel; and inserting ‘‘Not later than December 31,

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.084 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8843 2005, and annually thereafter until December pleting the internal review of such reports; United States if, before such extradition or 31, 2008, the President shall’’. and removal, the person has recourse to a United (b) UPDATES OF REPORTS ON RESIDUAL CON- (2) to publish in the Federal Register sum- States court of competent jurisdiction to TAMINATION.— maries of the findings of such reports, in- challenge such extradition or removal. (1) UPDATES REQUIRED.—Subsection (a) of cluding the dates of any significant residual (e) ASSURANCES INSUFFICIENT.—Written or section 3169 of the Ronald W. Reagan Na- beryllium contamination, at such time as verbal assurances made to the United States tional Defense Authorization Act for Fiscal the reports are provided to Congress under by the government of a country that persons Year 2005 (Public Law 108–375; 118 Stat. 2191; paragraph (1). in its custody or control will not be tortured 42 U.S.C. 7384 note) is amended to read as fol- are not sufficient for believing that a person lows: SA 1460. Mr. LEAHY submitted an is not in danger of being subjected to torture ‘‘(a) UPDATES OF REPORT.—Not later than amendment intended to be proposed by for purposes of subsections (a)(2) and (b)(2), 14 days after a residual beryllium report is him to the bill S. 1042, to authorize ap- or for meeting the requirements of sub- completed for a facility and the Director of propriations for fiscal year 2006 for section (b)(1)(A)(ii). the National Institute for Occupational Safe- military activities of the Department SEC. 1083. REPORTS ON COUNTRIES USING TOR- ty and Health completes an internal review TURE. of such report, the Director shall submit to of Defense, for military construction, Not later than 30 days after the effective Congress an update to the report required by and for defense activities of the De- date or this subtitle, and annually there- section 3151(b) of the National Defense Au- partment of Energy, to prescribe per- after, the Secretary of State shall submit to thorization Act for Fiscal Year 2002 (Public sonnel strengths for such fiscal year the appropriate congressional committees a Law 107–107; 42 U.S.C. 7384 note) that infor the Armed Forces, and for other report listing each country where torture is cludes with respect to such facility the appli- purposes; which was ordered to lie on known to be used. The list shall be compiled cable elements described in subsection (b).’’. the table; as follows: on the basis of the information contained in (2) CONFORMING AMENDMENTS.—Such sec- the most recent annual report of the Sec- tion is further amended— On page 286, between lines 7 and 8, insert retary of State submitted to the Speaker of (A) in subsection (b), by striking ‘‘The up- the following: the House of Representatives and the Com- date’’ and inserting ‘‘Each update submitted Subtitle H—Convention Against Torture mittee on Foreign Relations of the Senate under subsection (a)’’; Implementation under section 116(d) of the Foreign Assist- (B) in subsection (c), by striking ‘‘the re- SEC. 1081. SHORT TITLE. ance Act of 1961 (22 U.S.C. 2151n(d)). port’’ and inserting ‘‘each report’’; and This subtitle may be cited as the ‘‘Conven- SEC. 1084. REGULATIONS. (C) in the heading, by striking ‘‘update’’ and tion Against Torture Implementation Act of (a) INTERIM REGULATIONS.—Not later than inserting ‘‘updates’’. 2005’’. 60 days after the effective date of this sub- SEC. 1082. PROHIBITION ON CERTAIN TRANS- title, the heads of the appropriate govern- SA 1459. Mr. NELSON of Florida sub- FERS OF PERSONS. ment agencies shall prescribe interim regu- mitted an amendment intended to be (a) PROHIBITION.—No person in the custody lations for the purpose of carrying out this proposed by him to the bill S. 1042, to or control of a department, agency, or offi- subtitle and implementing the obligations of authorize appropriations for fiscal year cial of United States Government, or of any the United States under Article 3 of the Con- 2006 for military activities of the De- contractor of any such department or agen- vention Against Torture, subject to any res- partment of Defense, for military con- cy, shall be expelled, returned, or extradited ervations, understandings, declarations, and to another country, whether directly or indi- provisos contained in the Senate resolution struction, and for defense activities of advising and consenting to the ratification the Department of Energy, to prescribe rectly, if— (1) the country is included on the most re- of the Convention Against Torture, and con- personnel strengths for such fiscal year cent list submitted to Congress by the Sec- sistent with the provisions of this subtitle. for the Armed Forces, and for other retary of State under section 1083; or (b) FINAL REGULATIONS.—Not later than 180 purposes; which was ordered to lie on (2) there are otherwise substantial grounds days after interim regulations are prescribed the table; as follows: for believing that the person would be in under subsection (a), and following a period of notice and opportunity for public com- On page 378, between lines 10 and 11, insert danger of being subjected to torture. ment, the heads of the appropriate govern- the following: (b) EXCEPTIONS.— (1) WAIVERS.— ment agencies sha11 prescribe final regula- SEC. 3114. SENSE OF THE SENATE REGARDING IN- (A) AUTHORITY.—The Secretary of State tions for the purposes described in sub- TERIM REPORTS ON RESIDUAL BE- section (a). RYLLIUM CONTAIMINATION AT DE- may waive the prohibition in subsection (a) PARTMENT OF ENERGY VENDOR FA- (1) with respect to a country if the Secretary SEC. 1085. SAVINGS CLAUSE. CILITIES. certifies to the appropriate congressional Nothing in this subtitle shall be construed (a) FINDINGS.—The Senate makes the fol- committees that— to eliminate, limit, or constrain in any way lowing findings: (i) the acts of torture that were the basis the obligations of the United States or the (1) Section 3169 of the Ronald W. Reagan for including that country the list have rights of any individual under the Conven- National Defense Authorization Act for Fis- ended; and tion Against Torture or any other applicable cal Year 2005 (Public Law 108–375; 42 U.S.C. (ii) there is in place a mechanism that law. 7384 note) requires the National Institute for assures the Secretary in a verifiable manner SEC. 1086. REPEAL OF SUPERSEDED AUTHORITY. Occupational Safety and Health to submit, that a person expelled, returned, or extra- Section 2242 of the Foreign Affairs Reform not later than December 31, 2006, an update dited to that country will not be tortured in and Restructuring Act of 1998 (Public Law to the October 2003 report of the Institute on that country, including, at a minimum, im- 105–277; 8 U.S.C. 1231 note) is repealed. Regu- residual beryllium contamination at Depart- mediate, unfettered, and continuing access, lations promulgated under such section that ment of Energy vendor facilities. from the point of return, to such person by are in effect on the date this subtitle be- (2) The American Beryllium Company, an independent humanitarian organization. comes effective shall remain in effect until Tallevast, Florida, machined beryllium for (B) REPORTS ON WAIVERS.— the heads of the appropriate government the Department of Energy’s Oak Ridge Y-12, (i) REPORTS REQUIRED.—For each person ex- agencies issue interim regulations under sec- Tennessee, and Rocky Flats, Colorado, facili- pelled, returned, or extradited under a waiv- tion 1084(a). ties from 1967 until 1992. er provided under subparagraph (A), the head SEC. 1087. DEFINITIONS. (3) The National Institute for Occupational of the appropriate government agency mak- (a) DEFINED TERMS.—In this subtitle: Safety and Health has completed its evalua- ing such transfer shall submit to the appro- (1) APPROPRIATE GOVERNMENT AGENCIES.— tion of residual beryllium contamination at priate congressional committees a report The term ‘‘appropriate government, agen- the American Beryllium Company. that includes the name and nationality of cies’’ means— (4) Claimants from American Beryllium the person transferred, the date of transfer, (A) the intelligence community (as defined Company need to know whether residual be- the reason for such transfer, and the name of in section 3(4) of the National Security Act ryllium was present at the American Beryl- the receiving country. of 1947 (50 U.S.C. 401a(4))); and lium Company facility before or after the (ii) FORM.—Each report under this subpara- (B) elements of the Department of State, dates of coverage established by the Depart- graph shall be submitted, to the extent prac- the Department of Defense, the Department ment of Energy and the Department of Labor ticable, in unclassified form, but may in- of Homeland Security, the Department of in order to evaluate the need for further leg- clude a classified annex as necessary to pro- Justice, the United States Secret Service, islative action. tect the national security of the United the United States Marshals Service, and any (b) SENSE OF THE SENATE.—It is the sense States. other Federal law enforcement, national se- of the Senate to urge the Director of the Na- (2) EXTRADITION OR REMOVAL.—The prohibi- curity, intelligence, or homeland security tional Institute for Occupational Safety and tion in subsection (a)(1) may not be con- agency that takes or assumes custody or Health— strued to apply to the legal extradition of a control or persons or transports persons in (1) to provide to Congress interim reports person under a bilateral or multilateral ex- its custody or control outside the United of residual beryllium contamination at fa- tradition treaty or to the legal removal of a States, other than those elements listed or cilities not later than 14 days after com- person under the immigration laws of the designated as elements of the intelligence

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.084 S25JYPT1 S8844 CONGRESSIONAL RECORD — SENATE July 25, 2005 community under section 3(4) of the Na- James Nicholson reported that over 103,000 SEC. l13. COMPREHENSIVE CONTENT OF AC- tional Security Act of 1947 (50 U.S.C. veterans of the Global War on Terrorism, in- COUNTING. 401a(4))). cluding operations in Iraq, are projected to For the purpose of providing a full and (2) APPROPRIATE CONGRESSIONAL COMMIT- seek health care from the Department of complete accounting of casualties covered by TEES.—The term ‘‘appropriate congressional Veterans Affairs during fiscal year 2005. a report under section l11, the Secretary of committees’’ means— (2) In his prepared testimony for the May Defense shall include in the report the num- (A) the Committees on Armed Services, 19, 2005, hearing of the Committee on Vet- ber of casualties in each casualty status in Homeland Security and Government Affairs, erans’ Affairs of the House of Representa- accordance with section l14. Judiciary, Foreign Relations, and the Select tives, Department of Veterans Affairs Seam- SEC. l14. CASUALTY STATUS. Committee on Intelligence of the Senate; less Transition Office Director John Brown (a) STATUS TYPES.—In a report under this and testified that— title, each casualty among members of the (B) the Committees on Armed Services, (A) over 85,000 veterans of the Global War Armed Forces shall be characterized by the Homeland Security, Judiciary, International on Terrorism, including operations in Iraq, most specific casualty status applicable to Relations, and the Permanent Select Com- had already sought care from the Depart- the member as follows: mittee on Intelligence of the House of Rep- ment of Veterans Affairs; and (1) Killed in action. (2) Killed in non-hostile duty. resentatives. (B) 24 percent of all veterans returning (3) Killed, self-inflicted. (3) CONVENTION AGAINST TORTURE.—The from these operations were seeking health (4) Wounded in action, not returned to term ‘‘Convention Against Torture’’ means care from the Department of Veterans Af- duty. the United Nations Convention Against Tor- fairs. (5) Wounded in action, returned to duty (to ture and Other Cruel, Inhuman or Degrading (3) In his testimony before the Sub- the extent that data is available to support Treatment or Punishment, done at New committee on Defense of the Committee on this characterization of casualty status). York on December 10, 1984, entered into force Appropriations of the Senate on May 11, 2005, (6) Evacuated for medical reasons. on June 26, 1987, signed by the United States Air Force Surgeon General Lieutenant Gen- (b) DEFINITIONS.—In this section: on April 18, 1988, and ratified by the United eral George Peach Taylor, Jr. testified that (1) KILLED IN ACTION.—The term ‘‘killed in States on October 21, 1994 (T. Doc. 100–20). over 55,000 service members had been medi- action’’, with respect to a member of the (4) EXPELLED PERSON.—A person who is ex- cally evacuated since the beginning of Oper- Armed Forces, means that the member in- pelled is a person who is involuntarily trans- ation Iraqi Freedom. curred one or more mortal wounds while inferred from the territory of any country, or (4) The Department of Defense reports volved in an action against a hostile force, a port of entry thereto, to the territory of that, through July 22, 2005— whether or not the wounds are inflicted by another country, or a port of entry thereto. (A) 13,559 service members had been wound- the hostile force. (5) EXTRADITED PERSON.—A person who is ed in action in Operation Iraqi Freedom; and (2) KILLED IN NON-HOSTILE DUTY.—The term extradited is an accused person who, in ac- (B) 511 service members had been wounded ‘‘killed in non-hostile duty’’, with respect to cordance with chapter 209 of title 18, United in action in Operation Enduring Freedom. a member of the Armed Forces, means that States Code, is surrendered or delivered to (5) The number of wounded service mem- the member incurred one or more mortal another country with jurisdiction to try and bers reported wounded by the Department of wounds that were not self-inflicted and not punish the person. 1 Defense constitute less than ⁄6 of the number inflicted during an action against a hostile (6) RETURNED PERSON.—A person who is re- of veterans reported to have already sought force. turned is a person who is transferred from health care from the Department of Vet- the territory of any country, or a port of (3) KILLED, SELF-INFLICTED.—The term erans’ Affairs, a number which excludes ‘‘killed, self-inflicted’’, with respect to a entry thereto, to the territory of another wounded service members still serving on ac- country of which the person is a national or member of the Armed Forces, means a sui- tive duty in the Armed Services and wound- cide of the member or the death of the mem- where the person has previously resided, or a ed service members who sought health care port of entry thereto. ber as a result of one or more self-inflicted from private physicians. injuries. (b) SAME TERMS AS IN THE CONVENTION (6) In his testimony before the June 28, (4) WOUNDED IN ACTION, NOT RETURNED TO AGAINST TORTURE—Except as otherwise pro- 2005, hearing of the Committee on Veterans’ vided, the terms used in this subtitle have DUTY.—The term ‘‘wounded in action, not re- Affairs of the Senate, Secretary Nicholson turned to duty’’, with respect to a member of the meanings given those terms in the Con- estimated that the Department of Veterans vention Against Torture, subject to any res- the Armed Forces, means that the member, Affairs will experience a $1,300,000,000 fund- while involved in an action against a hostile ervations, understandings, declarations, and ing shortfall for fiscal year 2005 and a provisos contained in the Senate resolution force, incurred one or more non-mortal inju- $1,700,000,000 funding shortfall for fiscal year ries that required medical attention and that advising and consenting to the ratification 2006, in large part because of the Depart- of the Convention Against Torture. prevented the member from returning to ment’s inability to plan for the increased duty within 72 hours after incurring the in- SEC. 1088. EFFECTIVE DATE. workload experienced as a result of large jury or injuries. This subtitle shall take effect on the date numbers of veterans returning from Oper- (5) WOUNDED IN ACTION, RETURNED TO that is 30 days after the date of the enact- ations Iraqi Freedom and Enduring Freedom DUTY.—The term ‘‘wounded in action, re- ment of this subtitle. and seeking health care from the Depart- turned to duty’’, with respect to a member of SEC. 1089. CLASSIFICATION IN UNITED STATES ment. the Armed Forces, means that the member, CODE. (7) It is impossible for the Department of while involved in an action against a hostile This subtitle shall be classified to the Veterans Affairs to estimate, and for Con- force, incurred one or more non-mortal inju- United States Code as a new chapter of title gress to appropriate, the resources necessary ries that required medical attention but did 50, United States Code. to ensure that the Department of Veterans not prevent the member from returning to Affairs can adequately provide quality duty within 72 hours after incurring the in- SA 1461. Mr. JOHNSON submitted an health care to veterans returning home from jury or injuries. amendment intended to be proposed by Operation Iraqi Freedom and other critical (6) EVACUATED FOR MEDICAL REASONS.—The him to the bill S. 1042, to authorize ap- operations if the number of wounded and dis- term ‘‘evacuated for medical reasons’’, with propriations for fiscal year 2006 for abled service members is not accurately re- respect to a member of the Armed Forces, military activities of the Department ported. means that the member was evacuated from of Defense, for military construction, Subtitle B—Accounting for Casualties In- a theater of operations for medical reasons, and for defense activities of the De- curred in the Prosecution of the Global including psychological reasons. partment of Energy, to prescribe per- War on Terrorism SEC. l15. PUBLICATION AND RELEASE OF RE- PORT. SEC. l11. MONTHLY ACCOUNTING. sonnel strengths for such fiscal year The Secretary of Defense shall— for the Armed Forces, and for other Not later than 5 days after the end of each (1) transmit a copy of the report under sec- purposes; which was ordered to lie on calendar month, the Secretary of Defense tion l11 to the Secretary of Veterans Af- the table; as follows: shall publish, for each operation described in fairs; section l12, a full accounting of the casual- (2) transmit a copy of the report to the At the appropriate place, insert the fol- ties among the members of the Armed lowing: chairman and ranking member of— Forces that were incurred in such operation (A) the Committee on Armed Services of TITLE ll—FULL RECOGNITION OF SAC- during that month. the Senate; RIFICE AND VALOR OF UNITED STATES SEC. l12. OPERATIONS COVERED. (B) the Committee on Armed Services of SERVICE MEMBERS The operations referred to in section l11 the House of Representatives; Subtitle A—Findings are as follows: (C) the Committee on Veterans’ Affairs of SEC. ll01. FINDINGS. (1) Operation Iraqi Freedom. the Senate; and Congress makes the following findings: (2) Operation Enduring Freedom. (D) the Committees on Veterans’ Affairs of (1) In his prepared testimony for the June (3) Each other operation undertaken by the the House of Representatives; and 28, 2005, hearing of the Committee on Vet- Armed Forces in the prosecution of the Glob- (3) place the report on the official website erans’ Affairs of the Senate, Secretary R. al War on Terrorism. of the Department of Defense.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.086 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8845 SEC. l16. SENSE OF CONGRESS. in carrying out the conveyance. Amounts so SEC. 2887. RELEASE OF RIGHT TO PAYMENT It is the sense of Congress that full and ac- credited shall be merged with amounts in FROM REVERSIONARY INTEREST curate reporting of casualties among the such fund or account, and shall be available HOLDERS FOR IMPROVEMENTS TO MILITARY INSTALLATIONS CLOSED members of the Armed Forces is essential to for the same purposes, and subject to the OR REALIGNED UNDER 2005 ROUND the ability of the Federal Government to same conditions and limitations, as amounts OF DEFENSE BASE CLOSURE AND plan for and provide the resources necessary in such fund or account. REALIGNMENT. to ensure that the Department of Veterans (c) DESCRIPTION OF PROPERTY.—The exact The United States shall release or other- Affairs can provide sufficient health care and acreage and legal description of the real wise relinquish any entitlement to receive, treatment to members of the Armed Services property to be conveyed under subsection (a) pursuant to an agreement providing for such returning from theaters of conflict. shall be determined by surveys satisfactory payment, compensation from the holder of a to the Secretary. The cost of each survey reversionary interest in real property used SA 1462. Mr. LAUTENBERG (for him- shall be borne by the City. by the United States for improvements made self, Mrs. MURRAY, Mr. OBAMA, Mr. (d) ADDITIONAL TERMS AND CONDITIONS.— to a military installation that is closed or CORZINE, and Mrs. FEINSTEIN) sub- The Secretary may require such additional realigned as part of the 2005 round of defense mitted an amendment intended to be terms and conditions in connection with the base closure and realignment. proposed by him to the bill S. 1042, to conveyance under subsection (a) as the Sec- retary considers appropriate to protect the SA 1467. Mr. SHELBY submitted an authorize appropriations for fiscal year interests of the United States. amendment intended to be proposed by 2006 for military activities of the De- him to the bill S. 1042, to authorize ap- partment of Defense, for military con- SA 1464. Mr. LOTT submitted an propriations for fiscal year 2006 for struction, and for defense activities of amendment intended to be proposed by military activities of the Department the Department of Energy, to prescribe him to the bill S. 1042, to authorize ap- of Defense, for military construction, personnel strengths for such fiscal year propriations for fiscal year 2006 for and for defense activities of the De- for the Armed Forces, and for other military activities of the Department partment of Energy, to prescribe per- purposes; which was ordered to lie on of Defense, for military construction, sonnel strengths for such fiscal year the table; as follows: and for defense activities of the De- for the Armed Forces, and for other At the end of subtitle A of title VII, add partment of Energy, to prescribe per- purposes; which was ordered to lie on the following: sonnel strengths for such fiscal year the table; as follows: SEC. 705. RESTORATION OF PREVIOUS POLICY for the Armed Forces, and for other In lieu of the matter proposed to be in- REGARDING RESTRICTIONS ON USE purposes; which was ordered to lie on serted, insert the following: OF MEDICAL TREATMENT FACILI- the table; as follows: SEC. ll. CONGRESSIONAL AUTHORITY UNDER TIES OR OTHER DEPARTMENT OF DEFENSE PRODUCTION ACT. DEFENSE FACILITIES. At the end of subtitle B of title I, add the Section 721 of the Defense Production Act Section 1093 of title 10, United States Code, following: of 1950 (50 U.S.C. App. 2170) is amended— is amended— SEC. 114. E-HUNTER UNMANNED AERIAL VEHI- (1) in subsection (a)— (1) by striking subsection (b); and CLE KITS. (A) by striking ‘‘30’’ and inserting ‘‘60’’; (2) in subsection (a), by striking ‘‘(a) RE- Of the amount authorized to be appro- and STRICTION ON USE OF FUNDS.—’’. priated by section 101(5) for other procure- (B) by adding at the end the following: ment for the Army, $5,000,000 shall be avail- ‘‘The findings and recommendations of any SA 1463. Mr. HARKIN (for himself able for the procurement and installation of such investigation shall be sent immediately and Mr. GRASSLEY) submitted an E-Hunter Unmanned Aerial Vehicle (UAV) to the President and to the Committee on amendment intended to be proposed by kits. Banking, Housing, and Urban Affairs of the him to the bill S. 1042, to authorize ap- Senate and the Committee on Financial propriations for fiscal year 2006 for SA 1465. Mr. LOTT (for himself, Mr. Services of the House of Representatives for military activities of the Department COCHRAN, and Mr. NELSON of Florida) review.’’; submitted an amendment intended to (2) in subsection (b)— of Defense, for military construction, (A) by inserting before the first period ‘‘, and for defense activities of the De- be proposed by him to the bill S. 1042, to authorize appropriations for fiscal or in such instance at the request of the partment of Energy, to prescribe per- chairman and ranking member of the Com- sonnel strengths for such fiscal year year 2006 for military activities of the mittee on Banking, Housing, and Urban Af- for the Armed Forces, and for other Department of Defense, for military fairs of the Senate or the Committee on Fi- purposes; which was ordered to lie on construction, and for defense activities nancial Services of the House of Representa- the table; as follows: of the Department of Energy, to pre- tives’’; scribe personnel strengths for such fis- (B) in paragraph (2), by inserting before the On page 357, between lines 19 and 20, insert period ‘‘, and the findings and recommenda- the following: cal year for the Armed Forces, and for other purposes; which was ordered to tions of such investigation shall be sent im- SEC. 2843. LAND CONVEYANCE, IOWA ARMY AM- mediately to the President and to the Com- MUNITION PLANT, MIDDLETOWN, lie on the table; as follows: mittee on Banking, Housing, and Urban Af- IOWA. At the end of subtitle C of title II, add the fairs of the Senate and the Committee on Fi- (a) CONVEYANCE AUTHORIZED.—The Sec- following: nancial Services of the House of Representa- retary of the Army may convey, without SEC. 224. ARROW BALLISTIC MISSILE DEFENSE tives for review’’; and consideration, to the City of Middletown (in SYSTEM. (C) by striking ‘‘30’’ and inserting ‘‘60’’; this section referred to as the ‘‘City’’) all Of the amount authorized to be appro- (3) in subsection (f)— right, title, and interest of the United States priated by section 201(5) for research, devel- (A) by striking ‘‘designee may’’ and insert- in and to a parcel of real property, including opment, test, and evaluation for Defense- ing ‘‘designee shall’’; any improvements thereon, consisting of ap- wide activities and available for ballistic (B) in paragraph (4), by striking ‘‘and’’ at proximately 1.0 acres located at the Iowa missile defense, $80,000,000 may be available the end; Army Ammunition Plant, Middletown, Iowa. for coproduction of the Arrow ballistic mis- (C) in paragraph (5), by striking the period (b) PAYMENT OF COSTS OF CONVEYANCE.— sile defense system. at the end and inserting ‘‘; and’’; and (1) IN GENERAL.—The Secretary may re- (D) by adding at the end the following: quire the City to cover costs to be incurred SA 1466. Mr. LOTT (for himself and ‘‘(6) the long-term projections of United by the Secretary, or to reimburse the Sec- Mr. COCHRAN) submitted an amend- States requirements for sources of energy retary for costs incurred by the Secretary, to ment intended to be proposed by him and other critical resources and materials carry out the conveyance under subsection and for economic security.’’. (a), including survey costs, costs related to to the bill S. 1042, to authorize appro- (4) in subsection (g)— environmental documentation, and other ad- priations for fiscal year 2006 for mili- (A) by striking ‘‘The President’’ and in- ministrative costs related to the conveyance. tary activities of the Department of serting the following: If amounts are collected from the City in ad- Defense, for military construction, and ‘‘(1) IN GENERAL.—The President’’; and vance of the Secretary incurring the actual for defense activities of the Depart- (B) by adding at the end the following: costs, and the amount collected exceeds the ment of Energy, to prescribe personnel ‘‘(2) QUARTERLY SUBMISSIONS.—The Sec- costs actually incurred by the Secretary to strengths for such fiscal year for the retary of the Treasury shall transmit to the carry out the conveyance, the Secretary Armed Forces, and for other purposes; Committee on Banking, Housing, and Urban shall refund the excess amount to the City. Affairs of the Senate and the Committee on (2) REIMBURSEMENT.—Amounts received as which was ordered to lie on the table; Financial Services of the House of Rep- reimbursement under paragraph (1) shall be as follows: resentatives on a quarterly basis, a detailed credited to the fund or account that was used On page 371, between lines 8 and 9, insert summary and analysis of each merger, acqui- to cover the costs incurred by the Secretary the following: sition, or takeover that is being reviewed,

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.086 S25JYPT1 S8846 CONGRESSIONAL RECORD — SENATE July 25, 2005

was reviewed during the preceding 90-day pe- (b) MODIFICATION OF LIMITATION ON CONVER- (3) A comparative assessment of the infra- riod, or is likely to be reviewed in the com- SION TO CONTRACTOR PERFORMANCE.—Section structure investment required for such sys- ing quarter by the President or the Presi- 8014(a)(3) of the Department of Defense Ap- tem and for such vehicles. dent’s designee under subsection (a) or (b). propriations Act, 2005 (Public law 108–287; 118 (4) A comparative assessment of the im- Each such summary and analysis shall be State. 972) is amended— pact of the utilization of such system and of submitted in unclassified form, with classi- (1) in subparagraph (A), by inserting ‘‘, the utilization of such vehicles on other fied annexes as the Secretary determines are payment that could be used in lieu of such a weapons systems. required to protect company proprietary in- plan, health savings account, or medical sav- (5) An identification of single points of formation and other sensitive information. ings account’’ after ‘‘health insurance plan’’; failure, if any, in such system and in such Each such summary and analysis shall in- and vehicles. clude an appendix detailing dissenting (2) in subparagraph (B), by striking ‘‘that (6) An identification and comparison of any views.’’; and requires’’ and all that follows through the economies of scale with other departments (5) by adding at the end the following new end and inserting ‘‘that does not comply and agencies of the Federal Government that subsections: with the requirements of any Federal law might result from the utilization of such sys- ‘‘(l) CONGRESSIONAL AUTHORITY.— governing the provision of health care bene- tem or of such vehicles. ‘‘(1) IN GENERAL.—If the President does not fits by Government contractors that would (c) REPORT.—The Secretary shall submit to suspend or prohibit an acquisition, merger, be applicable if the contractor performed the the congressional defense committees a re- or takeover under subsection (d), the acquisi- activity or function under the contract.’’. port on the study required by subsection (a) tion, merger, or takeover may not be con- not later than February 28, 2006. summated until 10 legislative days after the SA 1469. Mr. THOMAS (for himself President notifies the Congress of the deci- SA 1471. Mr. VITTER submitted an sion not to suspend or prohibit. If a joint res- and Mr. ENZI) submitted an amendment intended to be proposed by him amendment intended to be proposed by olution objecting to the proposed trans- him to the bill S. 1042, to authorize ap- action is introduced in either House of Con- to the bill S. 1042, to authorize appro- gress by the chairman of one of the appropriations for fiscal year 2006 for mili- propriations for fiscal year 2006 for priate congressional committees during such tary activities of the Department of military activities of the Department period, the transaction may not be con- Defense, for military construction, and of Defense, for military construction, summated until 30 legislative days after such for defense activities of the Depart- and for defense activities of the De- resolution is introduced. ment of Energy, to prescribe personnel partment of Energy, to prescribe per- ‘‘(2) DISAPPROVAL UPON PASSAGE OF RESOLU- strengths for such fiscal year for the sonnel strengths for such fiscal year TION.—If a joint resolution introduced under Armed Forces, and for other purposes; for the Armed Forces, and for other paragraph (1) is enacted into law, the trans- purposes; which was ordered to lie on action may not be consummated. which was ordered to lie on the table; the table; as follows: ‘‘(3) CONSIDERATIONS.—The Committee on as follows: At the end of subtitle C of title V, add the Banking, Housing, and Urban Affairs of the At the end of subtitle G of title X, add the following: Senate and the Committee on Financial following Services of the House of Representatives SEC. 538. DEFENSE SCIENCE BOARD STUDY ON SEC. 1073. RENEWAL OF MORATORIUM ON RE- DEPLOYMENT OF MEMBERS OF THE shall review any findings and recommenda- TURN OF VETERANS MEMORIAL OB- tions submitted under subsection (a) or (b), NATIONAL GUARD AND RESERVES IN JECTS TO FOREIGN NATIONS WITH- THE GLOBAL WAR ON TERRORISM. and any joint resolution under paragraph (1) OUT SPECIFIC AUTHORIZATION IN (a) STUDY REQUIRED.—The Defense Science of this subsection shall be based on the fac- LAW. Board shall conduct a study on the length tors outlined in subsection (f). Section 1051(c) of the National Defense Au- and frequency of the deployment of members ‘‘(4) SENATE PROCEDURE.—Any joint resolu- thorization Act for Fiscal Year 2000 (Public of the National Guard and the Reserves as a tion under paragraph (1) shall be considered Law 106–65; 113 Stat. 763; 10 U.S.C. 2572 note) result of the global war on terrorism. in the Senate in accordance with the provi- is amended by inserting ‘‘, and during the pe- (b) ELEMENTS.—The study required by sub- riod beginning on the date of the enactment sions of section 601(b) of the International section (a) shall include the following: of the National Defense Authorization Act Security Assistance and Arms Export Con- (1) An identification of the current range for Fiscal Year 2006 and ending on the date trol Act of 1976 (Public Law 94-329, 90 Stat. of lengths and frequencies of deployments of that is eight years after that date’’ before 765). members of the National Guard and the Re- the period. ‘‘(5) HOUSE CONSIDERATION.—For the pur- serves. pose of expediting the consideration and en- (2) An assessment of the consequences for actment of a joint resolution under para- SA 1470. Mr. BENNETT submitted an force structure, morale, and missions capa- graph (1), a motion to proceed to the consid- amendment intended to be proposed by bility of deployments of members of the Na- eration of any such joint resolution shall be him to the bill S. 1042, to authorize ap- tional Guard and the Reserves in the course treated as highly privileged in the House of propriations for fiscal year 2006 for of the global war on terrorism that are Representatives. military activities of the Department lengthy, frequent, or both. ‘‘(m) THOROUGH REVIEW.—The President, or (3) An identification of the optimal length the President’s designee, shall ensure that of Defense, for military construction, and frequency of deployments of members of an acquisition, merger, or takeover that is and for defense activities of the De- the National Guard and the Reserves during completed prior to a review or investigation partment of Energy, to prescribe per- the global war on terrorism. under this section shall be fully reviewed for sonnel strengths for such fiscal year national security considerations, even in the (4) An identification of mechanisms to re- for the Armed Forces, and for other duce the length, frequency, or both of de- event that a request for such review is with- purposes; which was ordered to lie on drawn.’’. ployments of members of the National Guard the table; as follows: and the Reserves during the global war on SA 1468. Mr. THOMAS submitted an At the end of subtitle B of title IX, add the terrorism. amendment intended to be proposed by following: (c) REPORT.—Not later than May 1, 2006, the Defense Science Board shall submit to him to the bill S. 1042, to authorize ap- SEC. 912. STUDY ON USE OF SPACE SHUTTLE-DE- the congressional defense committees a re- propriations for fiscal year 2006 for RIVED LAUNCH SYSTEM TO MEET SPACE LAUNCH REQUIREMENTS. port on the study required by subsection (a). military activities of the Department The report shall include the results of the of Defense, for military construction, (a) STUDY REQUIRED.—The Secretary of De- fense shall conduct a study to evaluate the study and such recommendations as the De- and for defense activities of the De- feasability and advisability of utilizing a fense Science Board considers appropriate in partment of Energy, to prescribe per- space launch system derived from the Space light of the study. sonnel strengths for such fiscal year Shuttle to meet current and future space for the Armed Forces, and for other launch requirements for medium and heavy SA 1472. Mr. SPECTER submitted an purposes; which was ordered to lie on payloads for national security purposes as a amendment intended to be proposed by the table; as follows: complement to current space launch vehi- him to the bill S. 1042, to authorize ap- At the end of subtitle A of title VIII, add cles. propriations for fiscal year 2006 for the following (b) ELEMENTS.—The study required by sub- military activities of the Department SEC. 807. CONTRACTING FOR PROCUREMENT OF section (a) shall include the following: of Defense, for military construction, CERTAIN SUPPLIES AND SERVICES. (1) A comparison of the reliability of the and for defense activities of the De- (a) IN GENERAL.—Section 2462(a) of title 10, space launch system described in that sub- partment of Energy, to prescribe per- United States Code, is amended by striking section with the vehicles referred to in that ‘‘from a source’’ and all that follows through subsection. sonnel strengths for such fiscal year the end and inserting ‘‘in compliance with (2) A comparison of the workforce avail- for the Armed Forces, and for other applicable provisions of section 2304 of this able to support such system and to support purposes; which was ordered to lie on title.’’. such vehicles. the table; as follows:

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.085 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8847 At the end of subtitle H of title V, add the him to the bill S. 1042, to authorize ap- oil supplies and prices, and in some cases following: propriations for fiscal year 2006 for may involve dangerous weapons transfers. SEC. 596. AWARD OF COMBAT MEDICAL BADGE military activities of the Department (2) On March 14, 2005, the National People’s (CMB) OR OTHER COMBAT BADGE of Defense, for military construction, Congress approved a law that would author- FOR ARMY HELICOPTER MEDICAL ize the use of force if Taiwan formally de- EVACUATION AMBULANCE and for defense activities of the De- clares independence. (MEDEVAC) PILOTS AND CREWS. partment of Energy, to prescribe per- (b) SENSE OF CONGRESS.— (a) REQUIREMENT TO ELECT AND AWARD sonnel strengths for such fiscal year (1) PLAN.—The President is strongly urged COMBAT BADGE.—The Secretary of the Army for the Armed Forces, and for other to take immediate steps to establish a plan shall, at the election of the Secretary— purposes; which was ordered to lie on to implement the recommendations con- (1) award the Combat Medical Badge (CMB) the table; as follows: tained in the 2004 Report to Congress of the to each member of a helicopter medical evac- United States-China Economic and Security uation ambulance crew; or On page 337, between lines 4 and 5, insert Review Commission in order to correct the (2)(A) establish a bade of appropriate de- the following: negative implications that a number of cur- sign, to be known as the Combat Medevac SEC. 2602. PROHIBITION ON USE OF FUNDS FOR rent trends in United States-China relations Badge; and ARMY RESERVE MILITARY CON- STRUCTION PROJECT AT ELLING- have for United States long-term economic (B) award that badge to each member of a TON FIELD, TEXAS. and national security interests. helicopter medical evacuation ambulance None of the funds authorized to be appro- (2) CONTENTS.—Such a plan should contain crew who meets such requirements for eligi- priated to the Department of the Army by the following: bility for the award of that badge as the Sec- section 2601(1)(A) for the Army Reserve for (A) Actions to address China’s policy of retary shall prescribe. military construction may be made available undervaluing its currency, including— (b) AWARD FOR SERVICE BEFORE DATE OF for construction of an Army Reserve center (i) encouraging China to provide for a sub- ENACTMENT.—In the case of persons who at Ellington Field, Texas. stantial upward revaluation of the Chinese qualified for treatment as a member of a hel- yuan against the United States dollar; icopter medical evacuation ambulance crew SA 1476. Mr. INHOFE submitted an (ii) allowing the yuan to float against a by reason of service during the period begin- amendment intended to be proposed by trade-weighted basket of currencies; and ning on June 25, 1950k and ending on the date him to the bill S. 1042, to authorize ap- (iii) concurrently encouraging United of the enactment of this Act, the Secretary States trading partners with similar inter- shall award a badge under subsection (a) to propriations for fiscal year 2006 for ests to join in these efforts. each such person with respect to who an ap- military activities of the Department (B) Actions to make better use of the plication for the award of such badge is made of Defense, for military construction, World Trade Organization (WTO) dispute set- to the Secretary after such date in such and for defense activities of the De- tlement mechanism and applicable United manner as the Secretary may require. partment of Energy, to prescribe per- States trade laws to redress China’s unfair (c) MEMBER OF HELICOPTER MEDICAL EVAC- sonnel strengths for such fiscal year trade practices, including China’s exchange UATION AMBULANCE CREW DEFINED.—In this for the Armed Forces, and for other rate manipulation, denial of trading and dis- section, the term ‘‘member of a helicopter purposes; as follows: tribution rights, lack of intellectual prop- medical evacuation ambulance crew’’ means erty rights protection, objectionable labor any person who while a member of the Army At the end of title XII, insert the fol- standards, subsidization of exports, and served in combat on or after June 25, 1950, as lowing: forced technology transfers as a condition of a pilot or crew member of a helicopter med- SEC. 1205. THE UNITED STATES-CHINA ECO- doing business. The United States Trade ical evacuation ambulance. NOMIC AND SECURITY REVIEW COM- MISSION. Representative should consult with our trad- Mr. CRAIG submitted an (a) FINDINGS.—Congress finds the fol- ing partners regarding any trade dispute SA 1473. lowing: with China. amendment intended to be proposed by (1) The 2004 Report to Congress of the (C) Actions to encourage United States him to the bill S. 1042, to authorize ap- United States-China Economic and Security diplomatic efforts to identify and pursue ini- propriations for fiscal year 2006 for Review Commission states that— tiatives to revitalize United States engage- military activities of the Department (A) China’s State-Owned Enterprises ment with China’s Asian neighbors. The ini- of Defense, for military construction, (SOEs) lack adequate disclosure standards, tiatives should have a regional focus and and for defense activities of the De- which creates the potential for United States complement bilateral efforts. The Asia-Pa- partment of Energy, to prescribe per- investors to unwittingly contribute to enter- cific Economic Cooperation forum (APEC) sonnel strengths for such fiscal year prises that are involved in activities harmful offers a ready mechanism for pursuit of such to United States security interests; initiatives. for the Armed Forces, and for other (B) United States influence and vital long- (D) Actions by the administration to hold purposes; which was ordered to lie on term interests in Asia are being challenged China accountable for proliferation of pro- the table; as follows: by China’s robust regional economic engage- hibited technologies and to secure China’s On page 117, line 11, insert ‘‘through a comment and diplomacy; agreement to renew efforts to curtail North puter accessible Internet website and other (C) the assistance of China and North Korea’s commercial export of ballistic mis- means and’’ before ‘‘at no cost’’. Korea to global ballistic missile prolifera- siles. tion is extensive and ongoing; (E) Actions by the Secretaries of State and SA 1474. Mr. INHOFE submitted an (D) China’s transfers of technology and Energy to consult with the International En- amendment intended to be proposed by components for weapons of mass destruction ergy Agency with the objective of upgrading him to the bill S. 1042, to authorize ap- (WMD) and their delivery systems to coun- the current loose experience-sharing ar- tries of concern, including countries that rangement, whereby China engages in some propriations for fiscal year 2006 for support acts of international terrorism, has limited exchanges with the organization, to military activities of the Department helped create a new tier of countries with a more structured arrangement whereby of Defense, for military construction, the capability to produce WMD and ballistic China would be obligated to develop a mean- and for defense activities of the De- missiles; ingful strategic oil reserve, and coordinate partment of Energy, to prescribe per- (E) the removal of the European Union release of stocks in supply-disruption crises sonnel strengths for such fiscal year arms embargo against China that is cur- or speculator-driven price spikes. for the Armed Forces, and for other rently under consideration in the European (F) Actions by the administration to de- purposes; which was ordered to lie on Union would accelerate weapons moderniza- velop a coordinated, comprehensive national tion and dramatically enhance Chinese mili- policy and strategy designed to meet China’s the table; as follows: tary capabilities; challenge to maintaining United States sci- On page 311, in the table preceding line 1, (F) China’s recent actions toward Taiwan entific and technological leadership and strike the item relating to Fort Sam Hous- call into question China’s commitments to a competitiveness in the same way the admin- ton, Texas. peaceful resolution; istration is presently required to develop and On page 311, in the table preceding line 1, (G) China is developing a leading-edge publish a national security strategy. strike the amount identified as the total in military with the objective of intimidating (G) Actions to review laws and regulations the amount column and insert Taiwan and deterring United States involve- governing the Committee on Foreign Invest- ‘‘$1,188,122,000’’. ment in the Strait, and China’s qualitative ment in the United States (CFIUS), includ- On page 313, line 4, strike ‘‘$2,966,642,000’’ and quantitative military advancements ing exploring whether the definition of na- and insert ‘‘$2,959,642,000’’. have already resulted in a dramatic shift in tional security should include the potential On page 313, line 7, strike ‘‘$1,007,222,000’’ the cross-Strait military balance toward impact on national economic security as a and insert ‘‘$1,000,222,000’’. China; and criterion to be reviewed, and whether the (H) China’s growing energy needs are driv- chairmanship of CFIUS should be transferred SA 1475. Mr. INHOFE submitted an ing China into bilateral arrangements that from the Secretary of the Treasury to a amendment intended to be proposed by undermine multilateral efforts to stabilize more appropriate executive branch agency.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.087 S25JYPT1 S8848 CONGRESSIONAL RECORD — SENATE July 25, 2005 (H) Actions by the President and the Sec- partment of Energy, to prescribe per- (d) ESTABLISHMENT AND RESPONSIBILITIES retaries of State and Defense to press strong- sonnel strengths for such fiscal year OF JOINT AERONAUTICAL RESEARCH WORKING ly their European Union counterparts to for the Armed Forces, and for other GROUP.—Within 30 days after the date of en- maintain the EU arms embargo on China. purposes; which was ordered to lie on actment of this Act, the Secretary and the (I) Actions by the administration to dis- Administrator shall establish a Joint Aero- courage foreign defense contractors from the table; as follows: nautical Research Working Group for the selling sensitive military use technology or On page 237, after line 17, insert the fol- purpose of identifying opportunities for co- weapons systems to China. The administra- lowing: operative aeronautical research between the tion should provide a comprehensive annual SEC. 846. SMALL DISADVANTAGED BUSINESSES. Administration and the Department, and de- report to the appropriate committees of Con- (a) IN GENERAL.—Subparagraphs (D) and veloping recommendations for implementa- gress on the nature and scope of foreign mili- (E) of section 8(a)(6) of the Small Business tion of those opportunities. The Secretary tary sales to China, particularly sales by Act (15 U.S.C. 637(a)(6)), regarding asset and the Administrator shall jointly deter- Russia and Israel. withdrawals, shall not apply to a socially mine the composition, operational proce- (J) Any additional actions outlined in the and economically disadvantaged small busi- dures, and statement of work to guide the 2004 Report to Congress of the United States- ness concern if— activities of the Working Group. China Economic and Security Review Com- (1) the small business concern provides mission that affect the economic or national supplies or services under a Government SA 1481. Mr. GRASSLEY submitted security of the United States. prime contract or subcontract at any tier; an amendment intended to be proposed and by him to the bill S. 1042, to authorize SA 1477. Mrs. HUTCHISON submitted (2) such supplies or services are provided in whole or in part through the presence of the appropriations for fiscal year 2006 for an amendment intended to be proposed military activities of the Department by her to the bill S. 1042, to authorize personnel of such small business concern in a qualified area. of Defense, for military construction, appropriations for fiscal year 2006 for (b) DURATION.—A waiver under subsection and for defense activities of the De- military activities of the Department (a) shall last for the duration of the prime partment of Energy, to prescribe per- of Defense, for military construction, contract or subcontract with the Govern- sonnel strengths for such fiscal year and for defense activities of the De- ment under subsection (a)(1). (c) DEFINITIONS.—As used in this section— for the Armed Forces, and for other partment of Energy, to prescribe per- purposes; which was ordered to lie on sonnel strengths for such fiscal year (1) the term ‘‘qualified area’’ means— (A) a combat zone, as defined in section the table; as follows: for the Armed Forces, and for other 112(c)(2) of the Internal Revenue Code of 1986; At the end of subtitle C of title III, add the purposes; as follows: and following: At the end of subtitle B of title VI, add the (B) an area designated by the Secretary of SEC. 330. MODIFICATION OF AUTHORITY OF following: State as eligible for a danger pay allowance ARMY WORKING-CAPITAL FUNDED SEC. 624. ELIGIBILITY OF ORAL AND MAXILLO- under section 5928 of title 5, United States FACILITIES TO ENGAGE IN COOPER- FACIAL SURGEONS FOR SPECIAL Code; and ATIVE ACTIVITIES WITH NON-ARMY PAY FOR RESERVE HEALTH PROFES- (2) the term ‘‘socially and economically ENTITIES. SIONALS IN CRITICALLY SHORT disadvantaged small business concern’’ has (a) APPLICABILITY OF SUNSET.—Subsection WARTIME SPECIALTIES. the meaning given that term under section (j) of section 4544 of title 10, United States (a) IN GENERAL.—Section 302g(b) of title 37, 8(a)(4)(A) of the Small Business Act (15 Code, is amended by striking ‘‘September 30, United States Code, is amended by inserting U.S.C. 637(a)(4)(A)). 2009,’’ and all that follows through the end ‘‘, including oral and maxillorfacial sur- and inserting September 30, 2009.’’. gery,’’ after ‘‘in a health profession’’. SA 1480. Mrs. HUTCHISON submitted (b) CREDITING OF PROCEEDS OF SALE OF AR- (b) EFFECTIVE DATE.—The amendment an amendment intended to be proposed TICLES AND SERVICES.—Such section is fur- made by subsection (a) shall take effect on by her to the bill S. 1042, to authorize ther amended— October 1, 2005. appropriations for fiscal year 2006 for (1) in subsection (d), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’ SA 1478. Mrs. HUTCHISON (for her- military activities of the Department (2) by redesignating subsections (e), (f), (g), self and Ms. MIKULSKI) submitted an of Defense, for military construction, (h), and (i) as subsections (f), (g), (h), (i), and amendment intended to be proposed by and for defense activities of the De- (j), respectively; her to the bill S. 1042, to authorize ap- partment of Energy, to prescribe per- (3) by inserting after subsection (d) the fol- propriations for fiscal year 2006 for sonnel strengths for such fiscal year lowing new subsection (e): ‘‘(e) PROCEEDS CREDITED TO WORKING CAP- military activities of the Department for the Armed Forces, and for other ITAL FUND.—The proceeds of sale of an arti- of Defense, for military construction, purposes; which was ordered to lie on the table; as follows: cle or service pursuant to a contract or other and for defense activities of the De- cooperative arrangement under this section partment of Energy, to prescribe per- At the appropriate place, insert the fol- shall be credited to the working capital fund sonnel strengths for such fiscal year lowing: that incurs the cost of manufacturing the ar- for the Armed Forces, and for other SEC. lll. AERONAUTICAL RESEARCH CAPA- ticle or performing the service.’’; and BILITIES ASSESSMENT. (4) in subsection (g), as redesignated by purposes; which was ordered to lie on (a) IN GENERAL.—The Secretary of Defense, paragraph (2) of this subsection, by striking the table; as follows: in cooperation with the Administrator of the ‘‘subsection (e)’’ and inserting ‘‘subsection National Aeronautics and Space Administra- At the end of subtitle B of title VI, add the (f)’’. following: tion, is directed to conduct an assessment of SEC. 624. ELIGIBILITY OF ORAL AND MAXILLO- aeronautical research assets and capabilities SA 1482. Mr. OBAMA (for himself, operated and maintained by the Administra- FACIAL SURGEONS FOR INCENTIVE Mr. BYRD, and Mr. DURBIN) submitted SPECIAL PAY FOR MEDICAL OFFI- tion to determine their potential application CERS OF THE ARMED FORCES. to existing and planned aeronautical rean amendment intended to be proposed (a) IN GENERAL.—For purposes of eligi- search activities of the Department of De- by him to the bill S. 1042, to authorize bility for incentive special pay payable fense. appropriations for fiscal year 2006 for under section 302(b) of title 37, United States (b) MATTERS COVERED.—The assessment military activities of the Department Code, oral and maxillofacial surgeons shall shall include an identification and inventory of Defense, for military construction, be treated as medical officers of the Armed of Administration facilities, personnel and and for defense activities of the De- supporting infrastructure which offer re- Forces who may be paid variable special pay partment of Energy, to prescribe per- under section 302(a)(2) of such title. search capabilities not presently available to (b) EFFECTIVE DATE.—Subsection (a) shall the Department for the conduct of aero- sonnel strengths for such fiscal year take effect on October 1, 2005, and shall apply nautical research and which would make a for the Armed Forces, and for other with respect to incentive special pay payable significant contribution to the Department purposes; which was ordered to lie on under section 302(b) of title 37, United States aeronautical research mission and programs. the table; as follows: (c) DEADLINE.—The Secretary and the Ad- Code, on or after that date. On page 371, between lines 8 and 9, insert ministrator shall— the following: SA 1479. Mrs. HUTCHISON submitted (1) complete the assessment within 6 months after the date of enactment of this SEC. 2887. SENSE OF THE SENATE REGARDING an amendment intended to be proposed REQUIREMENT TO OBTAIN CONSENT Act; and by her to the bill S. 1042, to authorize OF GOVERNORS OF STATES AF- (2) transmit it, together with associated appropriations for fiscal year 2006 for FECTED BY MOVEMENT OR RE- working papers, within 60 days after it is ALLOCATION OF AIRCRAFT FROM military activities of the Department completed to the Joint Aeronautical Re- AIR NATIONAL GUARD UNITS. of Defense, for military construction, search Working Group established under sub- It is the sense of the Senate that the move- and for defense activities of the De- section (d). ment or reallocation of aircraft from one Air

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.088 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8849 National Guard unit to another Air National SA 1484. Mr. REID submitted an the President shall submit to Congress a re- Guard unit— amendment intended to be proposed by port on the development of nuclear materials (1) constitutes— him to the bill S. 1042, to authorize ap- in North Korea. Such report shall include— (A) a relocation or withdrawal of a unit for propriations for fiscal year 2006 for (A) an estimate of the number of nuclear purposes of section 18238 of title 10, United weapons that the President believes that it States Code; and military activities of the Department is likely that North Korea produced— (B) a ‘‘change in the branch, organization, of Defense, for military construction, (i) prior to the signing of the Agreed or allotment of a unit’’ for purposes of sec- and for defense activities of the De- Framework in 1994; tion 104(c) of title 32, United States Code; partment of Energy, to prescribe per- (ii) during the period from 1994 through and sonnel strengths for such fiscal year 2002 that the Agreed Framework was in ef- (2) therefore requires the consent of the for the Armed Forces, and for other fect; and governor of an affected State. purposes; which was ordered to lie on (iii) after the date that the United States the table; as follows: and North Korea ceased adhering to the SA 1483. Mr. REED submitted an Agreed Framework in 2002; and On page 296, after line 19, insert the fol- amendment intended to be proposed by (B) an assessment of the number of pluto- lowing: him to the bill S. 1042, to authorize ap- nium and uranium-based nuclear weapons propriations for fiscal year 2006 for SEC. 1205. REPORT ON NUCLEAR WEAPONS DE- that the President— VELOPMENT IN NORTH KOREA. (i) believes that North Korea has control of military activities of the Department (a) FINDINGS.—Congress makes the fol- on the date of the enactment of the Act; and of Defense, for military construction, lowing findings: (ii) projects that North Korea could have and for defense activities of the De- (1) Since the 1993 announcement by offi- control of on the dates that are 1, 3, 5, and 10 partment of Energy, to prescribe per- cials of the Government of North Korea that years after the date of the enactment of this sonnel strengths for such fiscal year North Korea intended to withdraw from the Act if diplomatic efforts to prevent the pro- Treaty on the Non-Proliferation of Nuclear for the Armed Forces, and for other liferation of nuclear materials in North Weapons, done at Washington, London, and purposes; which was ordered to lie on Korea are unsuccessful. Moscow July 1, 1968 (21 UST 483) (hereinafter the table; as follows: (2) FORM OF REPORT.—The report required referred to as the ‘‘Nuclear Non-Prolifera- At the end of subtitle A of title X, add the by paragraph (1) shall be submitted in an un- tion Treaty’’), the United States and its al- following: classified form. lies have carried out a number of diplomatic SEC. 1009. FUNDING FOR INCREASED PER- initiatives to address concerns related to nu- SONNEL STRENGTHS FOR ARMY AND Mr. REID submitted an clear weapons development in North Korea. SA 1485. MARINE CORPS FOR FISCAL YEAR amendment intended to be proposed by 2006. (2) Diplomatic negotiations led to the (a) ADDITIONAL AMOUNTS.— Agreed Framework between the United him to the bill S. 1042, to authorize ap- (1) ADDITIONAL AMOUNT FOR OPERATION AND States and North Korea, signed in Geneva propriations for fiscal year 2006 for MAINTENANCE, ARMY.—The amount author- October 21, 1994 (hereinafter referred to as military activities of the Department ized to be appropriated by section 301(1) for the ‘‘Agreed Framework’’), under which of Defense, for military construction, operation and maintenance for the Army is more than 8,000 plutonium spent fuel rods and for defense activities of the De- hereby increased by $1,081,640,000. suitable for reprocessing into weapons grade partment of Energy, to prescribe per- (2) ADDITIONAL AMOUNT FOR OPERATION AND material were kept under international mon- sonnel strengths for such fiscal year MAINTENANCE, MARINE CORPS.—The amount itoring. authorized to be appropriated by section (3) During the period that the Agreed for the Armed Forces, and for other 301(3) for operation and maintenance for the Framework has not been in effect since purposes; which was ordered to lie on Marine Corps is hereby increased by 2002— the table; as follows: $31,431,000. (A) officials of the Government of North On page 296, after line 19, insert the fol- (3) ADDITIONAL AMOUNT FOR OPERATION AND Korea have indicated North Korea has re- lowing: MAINTENANCE, DEFENSE-WIDE ACTIVITIES.—The processed all of the 8,000 plutonium spent SEC. 1205. SENSE OF CONGRESS ON UNITED amount authorized to be appropriated by fuel rods that were previously under inter- STATES PARTICIPATION IN REVIEW section 301(5) for operation and maintenance national monitoring so that such rods are in CONFERENCES OF THE PARTIES TO for Defense-wide activities is hereby in- a form suitable for use in multiple nuclear TREATY ON THE NON-PROLIFERA- creased by $121,397,000. weapons; TION OF NUCLEAR WEAPONS. (4) ADDITIONAL AMOUNT FOR DEFENSE (B) North Korea has withdrawn from the (a) FINDINGS.—Congress makes the fol- HEALTH PROGRAM.—The amount authorized Nuclear Non-Proliferation Treaty; and lowing findings: to be appropriated by section 303(a) for the (C) officials of the Government of North (1) The Treaty on the Non-Proliferation of Defense Health Program is hereby increased Korea have indicated that North Korea has Nuclear Weapons, done at Washington, Lon- by $275,615,000, with the amount of the in- restarted its known plutonium-based reactor don, and Moscow July 1, 1968 (21 UST 483) crease to be allocated to amounts available at Yongbyon which allows North Korea to (hereinafter referred to as the ‘‘Nuclear Non- under paragraph (1) of that section for oper- prepare more nuclear weapons material. Proliferation Treaty’’), which has 188 party ation and maintenance. (4) Since 2002, the United States diplomatic countries, is the centerpiece of the inter- (5) ADDITIONAL AMOUNT FOR MILITARY PER- strategy with respect to nuclear materials in national regime to prevent the spread of nu- SONNEL.—The amount authorized to be ap- North Korea has centered on a six party clear weapons. propriated by section 421 for military per- talks process, the last meeting of which oc- (2) Since 1975, a Review Conference of the sonnel is hereby increased by $2,698,091,000. curred in June 2004, and next meeting of Parties to the Treaty on the Non-Prolifera- (b) OFFSETS FROM SUPPLEMENTAL AMOUNTS which is expected to begin on July 26, 2005. tion of Nuclear Weapons has been held every FOR IRAQ, AFGHANISTAN, AND GLOBAL WAR ON (5) Complete and open debate by Congress five years to review the Nuclear Non-Pro- TERRORISM.— and the people of the United States of the liferation Treaty, evaluate the progress has (1) OPERATION AND MAINTENANCE, ARMY.— national security interests and an accurate been made, and assess the additional steps The amount authorized to be appropriated assessment of the diplomatic options avail- that must be carried out to prevent the by section 1406(1) is hereby reduced by able to the United States with respect to spread of nuclear weapons. $1,081,640,000. North Korea require that the most complete (3) The Nuclear Non-Proliferation Treaty (2) OPERATION AND MAINTENANCE, MARINE data regarding nuclear materials develop- must be strengthened to respond to current CORPS.—The amount authorized to be appro- ment in North Korea be made available. proliferation challenges, and the leadership priated by section 1406(3) is hereby reduced (b) SENSE OF CONGRESS.—It is the sense of of the United States is crucial in such effort. by $31,431,000. Congress that— (4) The United States was represented at (3) OPERATION AND MAINTENANCE, DEFENSE- (1) the United States negotiators in the each of the first four Review Conferences, WIDE ACTIVITIES.—The amount authorized to process of six party talks regarding the de- which were held during 1975, 1980, 1985, and be appropriated by section 1406(5) is hereby velopment of nuclear materials in North 1990, by an official no lower than the equiva- reduced by $121,397,000. Korea should be fully empowered with the lent of a Deputy Secretary of State, who re- (4) DEFENSE HEALTH PROGRAM.—The flexibility to negotiate meaningfully to seek ported directly to the Secretary of State, amount authorized to be appropriated by agreements and understandings that advance and at the last two conferences, which were section 1407 is hereby reduced by $275,615,000. toward the goal of a denuclearized North held during 1995 and 2000, the United States (5) MILITARY PERSONNEL, ARMY.—The Korea, as such agreements and under- was represented by the Vice President and amount authorized to be appropriated by standings are in the national security inter- the Secretary of State. section 1408(1) is hereby reduced by est of the United States; and (5) The Assistant Secretary for Arms Con- $2,527,520,000. (2) such six party talks should occur in an trol of the Department of State, who reports (6) MILITARY PERSONNEL, MARINE CORPS.— ongoing, regular, and frequent basis. to the Secretary of State through the Under- The amount authorized to be appropriated (c) REPORT.— secretary for Arms Control and Inter- by section 1408(3) is hereby reduced by (1) REQUIREMENT.—Not later than 90 days national Security Affairs and the Deputy $170,571,000. after the date of the enactment of this Act, Secretary of State, represented the United

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.090 S25JYPT1 S8850 CONGRESSIONAL RECORD — SENATE July 25, 2005 States at the 2005 Review Conference and (B) the understanding of likely future mass destruction, and a statement of the was the lowest-level representative ever to weapons of mass destruction threats has also roles, missions, and concepts of operations represent the United States at a Review Con- changed. for each of the organizations and programs ference. (4) Since the development of the National responsible for providing such capabilities. (6) The level of United States representa- Strategy, United States policies and capa- (D) POLICY, PROGRAM AND OPERATIONAL CO- tion at Review Conferences affects the abil- bilities for detecting, preventing, and re- ORDINATION.—A review of the mechanisms for ity of the United States Government to exert sponding to weapons of mass destruction planning, coordinating, and implementing leadership in strengthening the inter- threats have also changed: policy, programs, and operations, including national nuclear nonproliferation regime. (A) President George W. Bush enumerated government-wide strategic operational plan- (b) SENSE OF CONGRESS.—It is the sense of on February 11, 2004, a number of new ac- ning, across all agencies and entities under- Congress that— tions the United States would call for to ad- taking work to combat the proliferation of (1) the Secretary of State should represent dress weaknesses in efforts to combat the weapons of mass destruction and to protect the United States at all future Review Con- proliferation of weapons of mass destruction. the homeland against weapons of mass de- ferences of the Parties to the Treaty on the Some of the most important of these actions struction attacks, and a statement of plans Non-Proliferation of Nuclear Weapons; have not yet been implemented or have met for improving such mechanisms. (2) not later than 90 days prior to the start international resistance. (4) The update of the National Strategy of each Review Conference or any pre- (B) A significant intelligence failure has shall address specific areas key to a success- paratory conference to the Nuclear Non-Pro- been identified with respect to the assess- ful national strategy to combat the proliferation Treaty, the President should sub- ment of the weapons of mass destruction ca- liferation of weapons of mass destruction, in- mit to Congress a plan that outlines the pabilities of Iraq, which failure has precip- cluding, but not limited to the following: United States objectives for the Review Con- itated several efforts to identify systemic de- (A) NATIONAL COUNTER PROLIFERATION CEN- ference or preparatory conference and a com- ficiencies in intelligence and implement rec- TER.—A description of the roles, missions, prehensive strategy for achieving such objec- ommended improvements, including imple- and concepts of operations for the National tives; and mentation of 70 recommendations of the Counter Proliferation Center, including a (3) not later than 90 days after the conclu- Commission on the Intelligence Capabilities plan and schedule for establishing the Center sion of a Review Conference or any such pre- of the United States Regarding Weapons of and developing it to full working capacity. paratory conference or, with respect to the Mass Destruction. (B) INTERNATIONAL NONPROLIFERATION RE- Review Conference held during 2005, not later (C) As required by the Intelligence Reform GIMES.—A review of how the United States will seek to strengthen the international than 90 days after the date of enactment of and Terrorism Prevention Act of 2004 (Public nonproliferation regimes, including, but not this Act, the President should submit to Law 108–458), and as recommended by the limited to, the Nuclear Nonproliferation Congress an after-action review of the Re- Commission on the Intelligence Capabilities Treaty and associated entities (such as the view Conference or preparatory conference, of the United States Regarding Weapons of Nuclear Suppliers Group) in the wake of the including an assessment of which United Mass Destruction, President George W. Bush 2005 Nuclear Nonproliferation Treaty review States objectives related to strengthening announced in June 2005 the intent to estab- conference, the Missile Technology Control international nuclear nonproliferation ef- lish a National Counter Proliferation Center Regime, the Biological Weapons Convention, forts were achieved and which such objec- (NCPC). The Center will exercise strategic and the Chemical Weapons Convention and tives were not achieved during the Review oversight of the work of the intelligence associated entities (such as the Australia Conference or preparatory conference. community on threats posed by the proliferation of weapons of mass destruction Group). Mr. REID (for himself and and will play a unique leading role within (C) SECURITY OF NUCLEAR MATERIALS.—A SA 1486. review of how the United States plans to en- the United States Government in addressing Mr. OBAMA) submitted an amendment hance programs to secure weapons-usable such threats. intended to be proposed by him to the nuclear materials and radiological materials (D) A number of other significant changes bill S. 1042, to authorize appropriations suitable for use in a so-called ‘‘dirty bomb’’ to United States policies and capabilities to that are located around the world, including for fiscal year 2006 for military activi- combat the proliferation of weapons of mass but not limited to fulfilling commitments ties of the Department of Defense, for destruction have been recommended, and in made under the G–8 Global Partnership military construction, and for defense some cases, implemented since December Against the Spread of Weapons and Mate- activities of the Department of Energy, 2002, in the absence of an updated national rials of Mass Destruction. strategy on combatting the proliferation of to prescribe personnel strengths for (D) DETECTION AND CHARACTERIZATION CA- weapons of mass destruction. such fiscal year for the Armed Forces, PABILITIES.—A review of how the United (b) UPDATE OF NATIONAL STRATEGY TO COM- and for other purposes; which was or- States plans to improve the array of tech- BAT WEAPONS OF MASS DESTRUCTION.—(1) Not dered to lie on the table; as follows: later than 6 months after the date of the en- nologies and devices for the detection of At the end of title XII, add the following: actment of this Act, the President shall de- weapons of mass destruction to help ensure SEC. 1205. UPDATE OF UNITED STATES STRATEGY velop and submit to Congress an update to the homeland is protected from any means TO COMBAT THE PROLIFERATION the National Strategy to Combat Weapons of by which weapons of mass destruction could OF WEAPONS OF MASS DESTRUC- Mass Destruction of December 2002. be used against the United States and to pre- TION. (2) The update of the National Strategy vent the unauthorized movement of such (a) FINDINGS.—Congress makes the fol- shall take into account developments since weapons. lowing findings: the publication of the National Strategy in (E) INTERDICTION CAPABILITIES.—An assess- (1) On February 11, 2004, President George December 2002. ment of the ability of the United States and W. Bush stated that ‘‘the greatest threat be- (3) The update of the National Strategy the international community to interdict in fore humanity today is the possibility of se- shall include the following: transit illicit equipment, technology, mate- cret and sudden attack with chemical or bio- (A) INTELLIGENCE-BASED THREAT ASSESS- rials, and personnel related to weapons of logical or radiological or nuclear weapons’’ MENT.—An assessment of the threat to mass destruction, including— and on September 30, 2004, President George United States territory, citizens, and inter- (i) an assessment of the date, type, num- W. Bush stated that ‘‘the biggest threat fac- ests from the proliferation of weapons of ber, and impact of interdictions under the ing the country is weapons of mass destruc- mass destruction and the threat of terrorist Proliferation Security Initiative and any tion in the hands of a terrorist network.’’ acquisition and use of weapons of mass de- other similar initiatives or programs; (2) Protecting against nuclear, radio- struction, which assessment should draw (ii) an assessment of whether and how the logical, biological, or chemical terrorism re- upon, and be consistent with, the coordi- capabilities under the Initiative, and any quires a layered defense drawing upon a full nated judgments of the intelligence commu- other similar initiatives or programs, can be spectrum of capabilities and tools, beginning nity. strengthened to achieve more concrete re- with a national strategy for a domestic and (B) OBJECTIVES.—A statement of the objec- sults; and international effort to detect, prevent, and tives of United States policy, both domesti- (iii) an assessment of the amount of fund- respond to the proliferation of weapons of cally and internationally, regarding detec- ing needed to support such capabilities. mass destruction (WMD), or, if prevention tion, prevention, and responding to the pro- (F) NUCLEAR INSPECTIONS AND SAFE- fails, to manage the consequences of attacks liferation of weapons of mass destruction GUARDS.—A review of how the United States while preserving fundamental liberties and and the threat of terrorist acquisition (in- will seek to strengthen the ability of the economic activity. cluding through development or theft) and International Atomic Energy Agency (IAEA) (2) A National Strategy to Combat Weap- use of weapons of mass destruction. to monitor peaceful nuclear energy programs ons of Mass Destruction was published in De- (C) CAPABILITIES, ROLES, MISSIONS, CON- to ensure that such programs are not used as cember 2002. CEPTS OF OPERATIONS.—A statement of the a cover for nuclear weapons development, in- (3) Since the development of the National full spectrum of currently-available capabili- cluding, but not limited to— Strategy— ties necessary, both domestically and inter- (i) how the United States will encourage (A) the nature of the weapons of mass de- nationally, to address the proliferation of the adoption and ratification by each non- struction threats to the United States has weapons of mass destruction and the threat nuclear weapon state of the Model Addi- changed; and of terrorist acquisition and use of weapons of tional Protocol with the Agency; and

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.089 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8851 (ii) how the Executive Branch will imple- bination of multiple and extended tours with (E) the recruitment and retention prac- ment the United States Additional Protocol the resulting family burdens is the principle tices required to provide for an Army of the with the Agency in light of its inability, reason for the decision of such members not size and structure needed to perform such thus far, to reach agreement on imple- to continue service in the Army. roles and missions, including practices relat- menting legislation that would permit (11) Addressing size, resources, recruiting, ing to career paths, quality of life for mem- United States ratification of the Additional retention, military family quality of life, bers and their families, compensation, re- Protocol to which the United States Senate and others issues facing the Army, the Army cruitment and retention incentives, and gave its advice and consent to ratification on National Guard, and the Army Reserve is an other benefits. March 31, 2004. urgent national priority. (b) REPORT.—Not later than six months (G) INTELLIGENCE CAPABILITIES.—A plan for (12) These are admittedly very complex after the date of the enactment of this Act, the implementation of intelligence reforms issues, and a partisan inquiry into who is re- the Commission shall submit a report to the intended to improve intelligence capabilities sponsible for ‘‘breaking the force’’ is not President and Congress which shall contain a relating to the proliferation of weapons of what is needed. detailed statement of the findings and con- mass destruction. (13) Given the profound importance of clusions of the Commission, together with (H) NORTH KOREA AND IRAN.—A plan for these issues, a bipartisan commission of its recommendations for such legislation and each of the following: prominent Americans should study these administrative actions as it considers appro- (i) Preventing further processing of nuclear issues and make recommendations to Con- priate in light of such findings and conclu- weapons material in North Korea and ulti- gress on an appropriate response to them. sions. mately verifiably eliminating the nuclear SEC. 1502. ESTABLISHMENT OF COMMISSION. SEC. 1504. POWERS OF THE COMMISSION. EARINGS weapons program of North Korea. (a) ESTABLISHMENT.—There is established (a) H .—The Commission may hold (ii) Preventing Iran from developing nu- the National Commission on the Future of such hearings, sit and act at such times and clear weapons. the All-Volunteer Army (in this title re- places, take such testimony, and receive (iii) Persuading other nations not to pur- ferred to as the ‘‘Commission’’). such evidence as the Commission considers advisable to carry out this title. sue or proliferate their nuclear weapons or (b) MEMBERSHIP.— (b) INFORMATION FROM FEDERAL AGEN- nuclear weapons technologies. (1) COMPOSITION.—The Commission shall be CIES.—The Commission may secure directly (5) The update required by paragraph (1) composed of eight members of whom— from any Federal department or agency such shall be submitted to Congress in unclassi- (A) two shall be appointed by the Majority information as the Commission considers fied form but may include a classified annex Leader of the Senate; necessary to carry out this title. Upon re- if necessary. (B) two shall be appointed by the Minority quest of the Chairman of the Commission, Leader of the Senate; the head of such department or agency shall SA 1487. Mr. REID submitted an (C) two shall be appointed by the Speaker furnish such information to the Commission. amendment intended to be proposed by of the House of Representatives; and (c) POSTAL SERVICES.—The Commission him to the bill S. 1042, to authorize ap- (D) two shall be appointed by the Minority may use the United States mails in the same propriations for fiscal year 2006 for Leader of the House of Representatives, from manner and under the same conditions as military activities of the Departmet of among the members of such House. other departments and agencies of the Fed- Defense, for military construction, and (2) DATE.—The appointments of the mem- eral Government. bers of the Commission shall be made not (d) GIFTS.—The Commission may accept, for defense activities of the Depart- later than 90 days after the date of the enactment of Energy, to prescribe personnel use, and dispose of gifts or donations of serv- ment of this Act. ices or property. strengths for such fiscal year for the (c) PERIOD OF APPOINTMENT; VACANCIES.— SEC. 1505. COMMISSION PERSONNEL MATTERS. Armed Forces, and for other purposes; Members shall be appointed for the life of (a) COMPENSATION OF MEMBERS.—Each which was ordered to lie on the table; the Commission. Any vacancy in the Com- member of the Commission who is not an of- as follows: mission shall not affect its powers, but shall ficer or employee of the Federal Government be filled in the same manner as the original At the end of division A, add the following: shall be compensated at a rate equal to the appointment. TITLE XV—NATIONAL COMMISSION ON daily equivalent of the annual rate of basic (d) INITIAL MEETING.—Not later than 30 pay prescribed for level IV of the Executive THE FUTURE OF THE ALL-VOLUNTEER days after the date on which all members of ARMY Schedule under section 5315 of title 5, United the Commission have been appointed, the States Code, for each day (including travel SEC. 1501. FINDINGS. Commission shall hold its first meeting. time) during which such member is engaged (e) MEETINGS.—The Commission shall meet Congress makes the following findings: in the performance of the duties of the Com- at the call of the Chairman. (1) The war in Iraq and military operations mission. All members of the Commission (f) QUORUM.—A majority of the members of in Afghanistan and elsewhere around the who are officers or employees of the United the Commission shall constitute a quorum, world have put the regular Army, the Army States shall serve without compensation in but a lesser number of members may hold National Guard, and the Army Reserve under addition to that received for their services as hearings. extreme stress. officers or employees of the United States. (g) CHAIRMAN AND VICE CHAIRMAN.—The (2) There is a severe mismatch between the (b) TRAVEL EXPENSES.—The members of size of the force and the missions that it is Commission shall select a Chairman and the Commission shall be allowed travel ex- being asked to perform. Vice Chairman from among its members. penses, including per diem in lieu of subsist- (3) The operational requirements of a sus- SEC. 1503. DUTIES OF THE COMMISSION. ence, at rates authorized for employees of tained protracted conflict, combined with (a) STUDY.— agencies under subchapter I of chapter 57 of the supply and demand mismatch, are having (1) IN GENERAL.—The Commission shall title 5, United States Code, while away from a current negative and corrosive effect on conduct a thorough study of all matters re- their homes or regular places of business in the force, which could worsen over time. lating to the future of the all-volunteer the performance of services for the Commis- (4) The demands on the force are not likely Army. sion. to diminish in the foreseeable future. (2) MATTERS STUDIED.—In conducting the (c) STAFF.— (5) 40 percent of the forces in Iraq are from study, the Commission shall consider— (1) IN GENERAL.—The Chairman of the Com- the National Guard or the Reserve. (A) the roles and missions anticipated for mission may, without regard to the civil (6) The severe stresses on the force are hav- the Army during the five-year period begin- service laws and regulations, appoint and ing an effect on recruitment and retention ning on January 1, 2006, including the role terminate an executive director and such for all components of the Army. and missions of the Army in homeland de- other additional personnel as may be nec- (7) The regular component of the Army fense; essary to enable the Commission to perform could be thousands of recruits short of its (B) the proper size and structure of the its duties. The employment of an executive goal by the end of 2005, and the Army Na- Army in order to perform the roles and mis- director shall be subject to confirmation by tional Guard and the Army Reserve could be sions described in subparagraph (A), includ- the Commission. even further behind their recruiting goals by ing the proper allocation of responsibilities (2) COMPENSATION.—The Chairman of the that time. for such roles and missions between the reg- Commission may fix the compensation of the (8) Shortfalls in recruiting impose further ular component of the Army and the reserve executive director and other personnel with- stress on the force, exacerbate recruiting and components of the Army; out regard to chapter 51 and subchapter III of retention difficulties, and put pressure on re- (C) the proper size and structure of the re- chapter 53 of title 5, United States Code, re- cruiters to use more aggressive tactics and serve components of the Army to continue to lating to classification of positions and Gen- to lower standards. contribute to the performance of such roles eral Schedule pay rates, except that the rate (9) The stress is also seen in the day-to-day and missions; of pay for the executive director and other challenges faced by military families con- (D) whether the current utilization of the personnel may not exceed the rate payable fronting multiple and extended tours of duty reserve components of the Army is compat- for level V of the Executive Schedule under in combat operations abroad. ible with the continuing contribution of the section 5316 of such title. (10) Surveys of members of the National reserve components of the Army to such (d) DETAIL OF GOVERNMENT EMPLOYEES.— Guard and the Reserve reveal that the com- roles and missions; and Any Federal Government employee may be

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detailed to the Commission without reim- (vii) Enhancing the public image of the (8) MEETINGS.—The Commission shall meet bursement, and such detail shall be without United States within the populations from at the call of the chairpersons. The initial interruption or loss of civil service status or which terrorists have most often originated. meeting of the Commission shall occur not privilege. (B) An assessment of performance and later than two weeks after the date on which (e) PROCUREMENT OF TEMPORARY AND progress by the United States in winning not less than six members are appointed. The INTERMITTENT SERVICES.—The Chairman of Global War on Terrorism according to the Commission may select a temporary chair- the Commission may procure temporary and benchmarks set forth by the Commission in person until such time as the co-chair- intermittent services under section 3109(b) of accordance with subparagraph (A). persons have been appointed. title 5, United States Code, at rates for indi- (C) An assessment of the impact of the in- (9) DIRECTOR AND STAFF.— viduals which do not exceed the daily equiva- dividual operations carried out by the United (A) DIRECTOR.—The Commission shall have lent of the annual rate of basic pay pre- States as part of the Global War on Ter- a Director who shall be appointed by the scribed for level V of the Executive Schedule rorism, including Operation Iraqi Freedom, Chairperson. The Director shall be paid at a under section 5316 of such title. on overall progress in the Global War on Ter- rate not to exceed the rate of basic pay pay- SEC. 1506. TERMINATION OF THE COMMISSION. rorism. able for level V of the Executive Schedule. The Commission shall terminate 90 days (D) An analysis of the annual country re- (B) STAFF.—The Commission may appoint after the date on which the Commission sub- ports on terrorism produced by the Sec- personnel as appropriate. The staff of the mits its report under section 1503(b). retary of State in accordance with section Commission shall be appointed subject to SEC. 1507. FUNDING. 140 of the Foreign Relations Authorization the provisions of title 5, United States Code, (a) IN GENERAL.—Of the amounts author- Act, Fiscal Years 1988 and 1989 (22 U.S.C. governing appointments in the competitive ized to be appropriated by section 301(5) for 2656f), including an assessment of the fol- service, and shall be paid in accordance with operation and maintenance, Defense-wide ac- lowing: the provisions of chapter 51 and subchapter tivities, $3,000,000 may be available for the (i) The effectiveness of the process by III of chapter 53 of that title relating to clas- activities of the Commission under this title. which the Secretary of State tabulates and sification and General Schedule pay rates. (b) AVAILABILITY.—Amounts available categorizes terrorist attacks and events (10) EXPERTS AND CONSULTANTS.—The Com- under subsection (a) shall remain available around the world. mission may procure temporary and inter- until expended. (ii) The accuracy of the data reported in mittent services under section 3109(b) of title the reports. 5, United States Code, but at rates for indi- SA 1488. Mr. REID submitted an (iii) The adequacy of safeguards against viduals not to exceed the daily equivalent of amendment intended to be proposed by the influence of political considerations or the maximum annual rate of basic pay pay- him to the bill S. 1042, to authorize ap- other corrupting factors on the quality of able for the General Schedule. data included in the reports. (11) POWERS.— propriations for fiscal year 2006 for (iv) Any recommendations the Commission (A) HEARINGS AND SESSIONS.—The Commis- military activities of the Department may have for expanding, reconfiguring, or sion may, for the purpose of carrying out of Defense, for military construction, otherwise improving the reports. this section, hold hearings, sit and act at and for defense activities of the De- (c) MEMBERSHIP.— times and places, take testimony, and re- partment of Energy, to prescribe per- (1) NUMBER AND APPOINTMENT.—The Com- ceive evidence as the Commission considers sonnel strengths for such fiscal year mission shall be composed of 12 members appropriate. who are appointed not later than one month for the Armed Forces, and for other (B) POWERS OF MEMBERS AND AGENTS.—Any after the date of the enactment of this Act, member or agent of the Commission may, if purposes; which was ordered to lie on as follows: authorized by the Commission, take any ac- the table; as follows: (A) Two co-chairpersons, of which— tion which the Commission is authorized to On page 309, after line 24, insert the fol- (i) one co-chairperson shall be appointed by take by this section. lowing: a committee consisting of the majority lead- (C) OBTAINING OFFICIAL DATA.—The Com- SEC. 1411. COMMISSION ON STRATEGY FOR SUC- ers of the Senate and the House of Rep- mission may secure directly from any de- CESS IN THE GLOBAL WAR ON TER- resentatives, and of the chairman of each of partment or agency of the United States in- RORISM. the appropriate congressional committees; formation necessary to enable it to carry out (a) ESTABLISHMENT.—There is established a and this section. Upon request of the chair- commission to be known as the Commission (ii) one co-chairperson shall be appointed persons of the Commission, the head of such on a Strategy for Success in the Global War by a committee consisting of the minority department or agency shall furnish informa- on Terrorism (in this section referred to as leaders of the House and Senate, the ranking tion to the Commission in a timely manner. the ‘‘Commission’’). minority member of each of the appropriate (D) POSTAL SERVICES.—The Commission (b) STUDY AND REPORT.— congressional committees. may use the United States postal services in (1) STUDY.—The Commission shall conduct (B) Five members appointed by the chair- the same manner and under the same condi- a study on the strategy, tactics, and metrics man and ranking minority members of the tions as other departments and agencies of for assessing performance and measuring Committee on Armed Services, the Com- the United States. success used by the United States in the con- mittee on Foreign Relations, and the Com- (E) GIFTS.—The Commission may accept, duct of the Global War on Terrorism and mittee on Homeland Security and Govern- use, and dispose of gifts or donations of serv- submit a report on the findings of such ment Affairs of the Senate. ices or property. study, as described in paragraph (2). (C) Five members appointed by the chair- (F) ADMINISTRATIVE SUPPORT SERVICES.— (2) REPORT.—Not later than 6 months after men and ranking minority members of the Upon the request of the Commission, the Ad- the date of the enactment of this Act, the Committee on Armed Services, the Com- ministrator of General Services shall provide Commission shall submit to the appropriate mittee on Homeland Security, and the Com- to the Commission, on a reimbursable basis, congressional committees a report on the mittee on International Relations of the the administrative support services nec- study required by paragraph (1). Such report House of Representatives. essary for the Commission to carry out its shall include the following: (2) QUALIFICATIONS.—Individuals appointed responsibilities under this section. (A) Recommendations for a set of bench- to the Commission should have proven expe- (12) SECURITY CLEARANCES FOR COMMISSION marks by which the United States can assess rience or expertise in the prosecution of the MEMBERS AND STAFF.—The appropriate de- performance and measure success in the fol- Global War on Terrorism or in the study and partments and agencies of the United States lowing areas: analysis of terrorism, terrorists, United shall cooperate with the Commission in ex- (i) Reducing the capability of major world States military strategy, intelligence oper- peditiously providing to the Commission wide terrorist organizations for carrying out ations, or other relevant subject matter. members and staff appropriate security attacks against the United States and its in- (3) VACANCIES.—Any vacancy on the Com- clearances in a manner consistent with ex- terests. mission shall not affect its powers and shall isting procedures and requirements, except (ii) Disrupting senior leadership of major be filled in the manner in which the original that no person shall be provided with access world wide terrorist organizations. appointment was made. to classified information under this section (iii) Decreasing the ability of major world (4) CHAIRPERSONS.—The members ap- who would not otherwise qualify for such se- wide terrorist organizations to recruit new pointed pursuant to paragraph (1)(A) shall curity clearance. members. serve as co-chairpersons of the Commission. (d) APPROPRIATE CONGRESSIONAL COMMIT- (iv) Disrupting major world wide terrorist (5) PROHIBITION ON PAY.—Members of the TEES DEFINED.—In this section, the term organizations’ access to, movement of, and Commission shall serve without pay. ‘‘appropriate congressional committees’’ use of financial assets and key non-financial (6) TRAVEL EXPENSES.—Each member of the means the Committee on Armed Services, resources. Commission shall receive travel expenses, in- the Committee on Foreign Relations, and (v) Eliminating safe havens and training cluding per diem in lieu of subsistence, in ac- the Committee on Homeland Security and grounds for major world wide terrorist orga- cordance with sections 5702 and 5703 of title Government Affairs of the Senate and the nizations. 5, United States Code. Committee on Armed Services, the Com- (vi) Preventing terrorists from gaining ac- (7) QUORUM.—A majority of the members of mittee on International Relations, and the cess to nuclear materials and other weapons the Commission shall constitute a quorum Committee on Homeland Security of the of mass destruction. but a lesser number may hold hearings. House of Representatives.

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(e) TERMINATION.—The Commission shall ‘‘(c) ADMINISTRATION.—For purposes of sec- SEC. 2887. TESTIMONY BY MEMBERS OF THE terminate 7 days following the submission of tions 2912, 2913, and 2914, each date in a year ARMED FORCES IN CONNECTION the report described in section (b)(2). that is specified in such sections shall be WITH THE 2005 ROUND OF DEFENSE deemed to be the same date in the postponed BASE CLOSURE AND REALIGNMENT. SA 1489. Ms. COLLINS (for Mr. closure round year, and each reference to a (a) SENSE OF THE SENATE.—It is the sense fiscal year in such sections shall be deemed of the Senate that the Secretary of Defense THUNE) proposed an amendment to the should permit any member of the Armed bill S. 1042, to authorize appropriations to be a reference to the fiscal year that is the number of years after the original fiscal Forces to provide to the Defense Base Clo- for fiscal year 2006 for military activi- sure and Realignment Commission testi- ties of the Department of Defense, for year that is equal to the number of years that the postponed closure round year is mony on the military value of a military in- military construction, and for defense after 2005.’’; and stallation inside the United States for pur- activities of the Department of Energy, (2) in section 2904(b)— poses of the consideration by the Commis- sion of the Secretary’s recommendations for to prescribe personnel strengths for (A) in the heading, by striking ‘‘CONGRES- the 2005 round of defense base closure and re- such fiscal year for the Armed Forces, SIONAL DISAPPROVAL’’ and inserting ‘‘CON- alignment under section 2914(d) of the De- and for other purposes; as follows: GRESSIONAL ACTION’’; (B) in paragraph (1)— fense Base Closure and Realignment Act of On page 371, between lines 8 and 9, insert 1990 (part A of title XXIX of Public Law 101– the following: (i) in subparagraph (A), by striking ‘‘the date on which the President transmits such 510; 10 U.S.C. 2687 note). SEC. 2887. POSTPONEMENT OF 2005 ROUND OF (b) PROTECTION AGAINST RETALIATION.—No report’’ and inserting ‘‘the date by which the DEFENSE BASE CLOSURE AND RE- member of the Armed Forces may be dis- President is required to transmit such re- ALIGNMENT. charged, demoted, suspended, threatened, port’’; and The Defense Base Closure and Realignment harassed, or in any other manner discrimi- (ii) in subparagraph (B), by striking ‘‘such Act of 1990 (part A of title XXIX of Public nated against because such member provided report is transmitted’’ and inserting ‘‘such Law 101–510; 10 U.S.C. 2687 note) is amended— or caused to be provided testimony under report is required to be transmitted’’; (1) by adding at the end the following: subsection (a). (C) by redesignating paragraph (2) as para- ‘‘SEC. 2915. POSTPONEMENT OF 2005 ROUND OF graph (3); DEFENSE BASE CLOSURE AND RE- SA 1492. Mr. REED (for Mr. LEVIN ALIGNMENT. (D) by inserting after paragraph (1) the following new paragraph: (for himself and Mr. REED)) proposed ‘‘(a) IN GENERAL.—Notwithstanding any an amendment to the bill S. 1042, to au- other provision of this part, the round of de- ‘‘(2) The Secretary may not carry out any fense base closure and realignment otherwise closure or realignment recommended by the thorize appropriations for fiscal year scheduled to occur under this part in 2005 by Commission in a report transmitted from the 2006 for military activities of the De- reasons of sections 2912, 2913, and 2914 shall President pursuant to section 2903(e) if a rec- partment of Defense, for military con- occur instead in the year following the year ommendation for such closure or realign- struction, and for defense activities of in which the last of the actions described in ment is specified as disapproved by Congress the Department of Energy, to prescribe subsection (b) occurs (in this section referred in a joint resolution partially disapproving personnel strengths for such fiscal year to as the ‘postponed closure round year’). the recommendations of the Commission that is enacted before the earlier of— for the Armed Forces, and for other ‘‘(b) ACTIONS REQUIRED BEFORE BASE CLO- purposes; as follows: SURE ROUND.—(1) The actions referred to in ‘‘(A) the end of the 45-day period beginning subsection (a) are the following actions: on the date by which the President is re- At the end of subtitle C of title II, add the ‘‘(A) The complete analysis, consideration, quired to transmit such report; or following: and, where appropriate, implementation by ‘‘(B) the adjournment of Congress sine die SEC. 330. ADDITIONAL AMOUNT FOR COOPERA- the Secretary of Defense of the recommenda- for the session during which such report is TIVE THREAT REDUCTION PRO- tions of the Commission on Review of Over- required to be transmitted.’’; and GRAMS. (a) INCREASED AMOUNT FOR OPERATION AND seas Military Facility Structure of the (E) in paragraph (3), as redsignated by sub- MAINTENANCE, COOPERATIVE THREAT REDUC- United States. paragraph (C), by striking ‘‘paragraph (1)’’ TION PROGRAMS.—The amount authorized to ‘‘(B) The return from deployment in the and inserting ‘‘paragraphs (1) and (2)’’. be appropriated by section 301(19) for the Co- Iraq theater of operations of substantially operative Threat Reduction programs is all (as determined by the Secretary of De- SA 1490. Ms. COLLINS (for Mr. hereby increased by $50,000,000. fense) major combat units and assets of the THUNE) proposed to the bill S. 1042, to (b) OFFSET.—Of the amount authorized to Armed Forces. authorize appropriations for fiscal year be appropriated by section 201(4) for re- ‘‘(C) The receipt by the Committees on search, development, test, and evaluation, Armed Services of the Senate and the House 2006 for military activities of the De- Defense-wide activities, is hereby reduced by of Representatives of the report on the quad- partment of Defense, for military con- $50,000,000, with the amount of the reduction rennial defense review required to be sub- struction, and for defense activities of to be allocated as follows: mitted in 2006 by the Secretary of Defense the Department of Energy, to prescribe (1) The amount available in Program Ele- under section 118(d) of title 10, United States personnel strengths for such fiscal year ment 0603882C for long lead procurement of Code. for the Armed Forces, and for other Ground-Based Interceptors is hereby reduced ‘‘(D) The complete development and imple- purposes; as follows: by $30,000,000. mentation by the Secretary of Defense and (2) The amount available for initial con- the Secretary of Homeland Security of the At the end of subtitle B of title IX, add the struction of associated silos is hereby re- National Maritime Security Strategy. following: duced by $20,000,000. ‘‘(E) The complete development and imple- SEC. 912. NATIONAL SPACE RADAR SYSTEM. mentation by the Secretary of Defense of the The Secretary of the Air Force shall pro- SA 1493. Mr. LEVIN submitted an Homeland Defense and Civil Support direc- ceed with the development and implementa- tive. amendment intended to be proposed by tion of a national space radar system that ‘‘(F) The receipt by the Committees on him to the bill S. 1042, to authorize ap- employs at least two frequencies. Armed Services of the Senate and the House propriations for fiscal year 2006 for of Representatives of a report submitted by military activities of the Department the Secretary of Defense that assesses mili- SA 1491. Ms. COLLINS (for Mr. of Defense, for military construction, tary installation needs taking into account— THUNE (for himself, Mr. LIEBERMAN, and for defense activities of the De- ‘‘(i) relevant factors identified through the Ms. COLLINS, Mr. LAUTENBERG, Mr. partment of Energy, to prescribe per- recommendations of the Commission on Re- SUNUNU, Ms. SNOWE, Mr. JOHNSON, Mr. sonnel strengths for such fiscal year view of Overseas Military Facility Structure DODD, Mr. CORZINE, Mr. BINGAMAN, and of the United States; for the Armed Forces, and for other ‘‘(ii) the return of the major combat units Mr. DOMENICI)) proposed an amendment purposes; which was ordered to lie on and assets described in subparagraph (B); to the bill S. 1042, to authorize appro- the table; as follows: ‘‘(iii) relevant factors identified in the re- priations for fiscal year 2006 for mili- At the end of subtitle C of title II, add the port on the 2005 quadrennial defense review; tary activities of the Department of following: ‘‘(iv) the National Maritime Security Defense, for military construction, and SEC. 330. ADDITIONAL AMOUNT FOR COOPERA- Strategy; and for defense activities of the Depart- TIVE THREAT REDUCTION PRO- ‘‘(v) the Homeland Defense and Civil Sup- ment of Energy, to prescribe personnel GRAMS. port directive. strengths for such fiscal year for the (a) INCREASED AMOUNT FOR OPERATION AND ‘‘(2) The report required under subpara- MAINTENANCE, COOPERATIVE THREAT REDUC- graph (F) of paragraph (1) shall be submitted Armed Forces, and for other purposes; TION PROGRAMS.—The amount authorized to not later than one year after the occurrence as follows: be appropriated by section 301(19) for the Co- of the last action described in subparagraphs On page 371, between lines 8 and 9, insert operative Threat Reduction programs is (A) through (E) of such paragraph. the following: hereby increased by $63,000,000.

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(b) OFFSET.—Of the amount authorized to (2) 1 member shall be appointed by the sen- (3) assess the responsibility of leaders, be appropriated by section 201(4) for re- ior member of the leadership of the Senate of whether military or civilian, within and out- search, development, test, and evaluation, the Democratic Party, in consultation with side the Department of Defense for policies Defense-wide— the senior member of the leadership of the and actions, or failures to act, that may (1) the amount available in Program Ele- House of Representatives of the Democratic have contributed, directly or indirectly, to ment 0603882C for long lead procurement of Party, who shall serve as vice chairman of the mistreatment of detainees; Ground-Based Interceptors 31–40 is hereby re- the Commission; (4) ascertain, evaluate, and report on the duced by $50,000,000; and (3) 2 members shall be appointed by the effectiveness and propriety of interrogation (2) the amount available for initial con- senior member of the Senate leadership of techniques, policies, and practices for pro- struction of associated silos is hereby re- the Republican Party; ducing useful and reliable intelligence; duced by $13,000,000. (4) 2 members shall be appointed by the (5) ascertain, evaluate, and report on all senior member of the Senate leadership of planning for long-term detention, or proce- SA 1494. Mr. LEVIN (for himself, Mr. the Democratic Party; dures for prosecution by civilian courts or KENNEDY, Mr. ROCKEFELLER, and Mr. (5) 2 members shall be appointed by the military tribunals or commission, of detain- REED) submitted an amendment in- senior member of the leadership of the House ees in the custody of any department, agen- tended to be proposed by him to the of Representatives of the Republican Party; cy, or other entity of the United States Gov- bill S. 1042, to authorize appropriations and ernment or who have been rendered to any for fiscal year 2006 for military activi- (6) 2 members shall be appointed by the foreign government or entity; and ties of the Department of Defense, for senior member of the leadership of the House (6) investigate and submit a report to the of Representatives of the Democratic Party. President and Congress on the Commission’s military construction, and for defense (b) QUALIFICATIONS; INITIAL MEETING.— activities of the Department of Energy, findings, conclusions, and recommendations, (1) POLITICAL PARTY AFFILIATION.—Not including any modifications to existing trea- to prescribe personnel strengths for more than 5 members of the Commission ties, laws, policies, or regulations, as appro- such fiscal year for the Armed Forces, shall be from the same political party. priate. and for other purposes; as follows: (2) NONGOVERNMENTAL APPOINTEES.—An in- (b) UTILIZATION OF OTHER MATERIALS.—The At the end of division A, add the following: dividual appointed to the Commission may Commission may build upon reports con- not be an officer or employee of the Federal TITLE XV—NATIONAL COMMISSION ON ducted by the Department of Defense or Government or any State or local govern- other entities by reviewing the source mate- POLICIES AND PRACTICES ON TREAT- ment. MENT OF DETAINEES SINCE SEP- rials, findings, conclusions, and rec- (3) OTHER QUALIFICATIONS.—It is the sense ommendations of those other reviews in TEMBER 11, 2001 of Congress that individuals appointed to the SEC. 1501. FINDINGS. order to— Commission should be prominent United (1) avoid unnecessary duplication; and Congress makes the following findings: States citizens, with national recognition (2) identify any omissions in or conflicts (1) The vast majority of the members of and significant depth of experience in such between such reports which in the Commis- the Armed Forces have served honorably and professions as governmental service, the sion’s view merit further investigation. upheld the highest standards of profes- Armed Forces, intelligence gathering or sionalism and morality. analysis, law, public administration, law en- SEC. 1505. FUNCTIONS OF COMMISSION. (2) While there have been numerous re- forcement, and foreign affairs. The functions of the Commission are to— views, inspections, and investigations by the (4) DEADLINE FOR APPOINTMENT.—All mem- (1) conduct an investigation that ascer- Department of Defense and others regarding bers of the Commission shall be appointed tains relevant facts and circumstances relat- aspects of the treatment of individuals de- not later than 30 days after the date of the ing to— tained in the course of Operation Enduring enactment of this Act. (A) laws, policies, and practices of the Freedom, Operation Iraqi Freedom, or (c) MEETINGS; QUORUM; VACANCIES.— United States relating to the treatment of United States activities to counter inter- (1) INITIAL MEETING.—The Commission detainees since September 11, 2001, including national terrorism since September 11, 2001, shall meet and begin the operations as soon any relevant treaties, statutes, Executive or- none has provided a comprehensive, objec- as practicable after all members have been ders, regulations, plans, policies, practices, tive, and independent investigation of United appointed under subsection (b). or procedures; States policies and practices relating to the (2) MEETINGS.—After its initial meeting (B) activities of any department, agency, treatment of such detainees. under paragraph (1), the Commission shall or other entity of the United States Govern- (3) The reports of the various reviews, in- meet upon the call of the chairman or a ma- ment relating to Operation Enduring Free- spections, and investigations conducted by jority of its members. dom, Operation Iraqi Freedom, and efforts to the Department of Defense and others have (3) QUORUM.—Six members of the Commis- counter international terrorism since Sep- left numerous omissions and reached con- sion shall constitute a quorum. tember 11, 2001; flicting conclusions regarding institutional (4) VACANCIES.—Any vacancy in the Com- (C) the role of private contract employees and personal responsibility for United States mission shall not affect its powers, but shall in the treatment of detainees; policies and practices on the treatment of be filled in the same manner in which the (D) the role of legal and medical personnel the detainees described in paragraph (2) that original appointment was made. in the treatment of detainees, including the may have caused or contributed to the mis- SEC. 1504. PURPOSES. role of medical personnel in advising on treatment of such detainees. (a) IN GENERAL.—The purposes of the Com- plans for, and the conduct of, interrogations; (4) Omissions in the reports produced to mission are to— (E) dealings of any department, agency, or date also include omissions relating to— (1) examine and report upon the policies other entity of the United States Govern- (A) the authorities of the intelligence com- and practices of the United States relating ment with the International Committee of munity for activities to counter inter- to the treatment of individuals detained in the Red Cross; national terrorism since September 11, 2001, Operation Enduring Freedom (OEF), Oper- (F) the role of congressional oversight; and including the rendition of detainees to for- ation Iraqi Freedom (OIF), or United States (G) other areas of the public and private eign countries, and whether such authorities activities to counter international terrorism sectors determined relevant by the Commis- differed from the authorities of the military since September 11, 2001 (in this title re- sion for its inquiry; for the detention and interrogation of deferred to as ‘‘detainees’’) , including the ren- (2) identify and review how policies regard- tainees; dition of detainees to foreign countries; ing the detention, interrogation, and ren- (B) the role of intelligence personnel in the (2) examine, evaluate, and report on the dition of detainees were formulated and im- detention and interrogation of detainees; causes of and factors that may have contrib- plemented, and evaluate such policies in (C) the role of special operations forces in uted to the alleged mistreatment of detain- light of lessons learned from activities in the detention and interrogation of detainees; ees, including, but not limited to— Iraq, Afghanistan, Guantanamo Bay, Cuba, and (A) laws and policies of the United States and elsewhere; and (D) the role of contract employees in the relating to the detention or interrogation of (3) submit to the President and Congress detention and interrogation of detainees. detainees, including the rendition of detain- such reports as are required by this title con- SEC. 1502. ESTABLISHMENT OF COMMISSION. ees to foreign countries; taining such findings, conclusions, and rec- There is established the National Commis- (B) activities of special operations forces of ommendations as the Commission shall de- sion on United States Policies and Practices the Armed Forces; termine, including proposing any appro- Relating to the Treatment of Detainees (C) activities of contract employees of any priate modifications in legislation, organiza- Since September 11, 2001 (in this title re- department, agency, or other entity of the tion, coordination, planning, management, ferred to as the ‘‘Commission’’). United States Government, including for the procedures, rules, and regulations. SEC. 1503. COMPOSITION OF THE COMMISSION. rendition of detainees to foreign countries; SEC. 1506. POWERS OF COMMISSION. (a) MEMBERS.—The Commission shall be and (a) IN GENERAL.— composed of 10 members, of whom— (D) activities of employees of the Central (1) HEARINGS AND EVIDENCE.—The Commis- (1) 1 member shall be appointed by the Intelligence Agency, the Defense Intel- sion or, on the authority of the Commission, President, who shall serve as chairman of ligence Agency, or any other element of the any subcommittee or member thereof, may, the Commission; intelligence community; for the purpose of carrying out this title—

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.092 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8855 (A) hold such hearings and sit and act at upon a request made by the chairman, the exceed the equivalent of that payable for a such times and places, take such testimony, chairman of any subcommittee created by a position at level V of the Executive Schedule receive such evidence, and administer such majority of the Commission, or any member under section 5316 of title 5, United States oaths; and designated by a majority of the Commission, Code. (B) subject to paragraph (2)(A), require, by but in no case later than 14 days after such (2) PERSONNEL AS FEDERAL EMPLOYEES.— subpoena or otherwise, the attendance and a request. (A) TREATMENT.—The staff director and testimony of such witnesses and the produc- (2) RECEIPT, HANDLING, STORAGE, AND DIS- any personnel of the Commission who are tion of such books, records, correspondence, SEMINATION.—Information and materials employees of the Commission shall be treat- memoranda, papers, and documents, shall be received, handled, stored, and dis- ed as employees of the Federal Government as the Commission or such designated sub- seminated by members of the Commission under section 2105 of title 5, United States committee or designated member may deter- and its staff consistent with all applicable Code, for purposes of chapters 63, 81, 83, 84, mine advisable. statutes, regulations, and Executive orders. 85, 87, 89, and 90 of that title. (2) SUBPOENAS.— The Commission shall maintain all classified (B) EXCEPTION.—Subparagraph (A) shall (A) ISSUANCE.— information and materials provided to the not apply to members of the Commission. (i) IN GENERAL.—A subpoena may be issued Commission under this title in a secure loca- (b) DETAILEES.—Any Federal Government under this subsection only— tion in the offices of the Commission or as employee may be detailed to the Commission (I) by the agreement of the chairman and designated by the Commission. without reimbursement from the Commis- the vice chairman; or (3) ACCESS TO INFORMATION AND MATE- sion, and such detailee shall retain the (II) by the affirmative vote of 6 members of RIALS.—No department, agency, element, bu- rights, status, and privileges of his or her the Commission. reau, board, commission, independent estab- regular employment without interruption. (ii) SIGNATURE.—Subject to clause (i), sub- lishment, or other instrumentality of the (c) CONSULTANT SERVICES.—The Commis- poenas issued under this subsection may be United States may withhold information or sion is authorized to procure the services of issued under the signature of the chairman materials, including classified materials, experts and consultants in accordance with or any member designated by a majority of from the Commission on the grounds that section 3109 of title 5, United States Code, the Commission, and may be served by any providing the information or materials but at rates not to exceed the daily rate paid person designated by the chairman or by a would constitute the unauthorized disclosure a person occupying a position at level IV of member designated by a majority of the of classified information, pre-decisional ma- the Executive Schedule under section 5315 of Commission. terials, or information relating to intel- title 5, United States Code. (B) ENFORCEMENT.— ligence sources or methods. SEC. 1509. SECURITY CLEARANCES FOR COMMIS- (i) IN GENERAL.—In the case of contumacy (d) ASSISTANCE FROM PARTICULAR FEDERAL SION MEMBERS AND STAFF. or failure to obey a subpoena issued under AGENCIES.— The departments, agencies, and elements subparagraph (A), the United States district (1) GENERAL SERVICES ADMINISTRATION.— of the United States Government shall co- court for the judicial district in which the The Administrator of General Services shall operate with the Commission in expedi- subpoenaed person resides, is served, or may provide to the Commission on a reimburs- tiously providing to the Commission mem- be found, or where the subpoena is return- able basis administrative support and other bers and staff appropriate security clear- able, may issue an order requiring such per- services for the performance of the Commis- ances to the extent possible pursuant to ex- son to appear at any designated place to tes- sion’s functions. isting procedures and requirements. No per- tify or to produce documentary or other evi- (2) OTHER DEPARTMENTS AND AGENCIES.—In son shall be provided with access to classi- dence. Any failure to obey the order of the addition to the assistance prescribed in para- fied information under this title without the court may be punished by the court as a con- graph (1), departments, agencies, and other appropriate security clearances. tempt of that court. elements of the United States Government SEC. 1510. NONAPPLICABILITY OF FEDERAL AD- (ii) ADDITIONAL ENFORCEMENT.—In the case may provide to the Commission such serv- VISORY COMMITTEE ACT. of any failure of any witness to comply with ices, funds, facilities, staff, and other sup- (a) IN GENERAL.—The Federal Advisory any subpoena or to testify when summoned port services as they may determine advis- Committee Act (5 U.S.C. App.) shall not under authority of this section, the Commis- able and as may be authorized by law. apply to the Commission. sion may, by majority vote, certify a state- (b) PUBLIC MEETINGS AND RELEASE OF PUB- (e) POSTAL SERVICES.—The Commission ment of fact constituting such failure to the may use the United States mails in the same LIC VERSIONS OF REPORTS.—The Commission appropriate United States attorney, who manner and under the same conditions as de- shall— may bring the matter before the grand jury partments and agencies of the United States (1) hold public hearings and meetings to for its action, under the same statutory au- Government. the extent appropriate; and thority and procedures as if the United (2) release public versions of the reports re- SEC. 1507. COMPENSATION AND TRAVEL EX- quired under section 1511. States attorney had received a certification PENSES. under sections 102 through 104 of the Revised (c) PUBLIC HEARINGS.—Any public hearings (a) COMPENSATION.—Each member of the Statutes of the United States (2 U.S.C. 192 of the Commission shall be conducted in a Commission shall be compensated at not to through 194). manner consistent with the protection of in- exceed the daily equivalent of the annual (b) CONTRACTING.—The Commission may, formation provided to or developed for or by to such extent and in such amounts as are rate of basic pay in effect for a position at the Commission as required by any applica- provided in appropriation Acts, enter into level IV of the Executive Schedule under sec- ble statute, regulation, or Executive order. tion 5315 of title 5, United States Code, for contracts to enable the Commission to dis- SEC. 1511. REPORTS OF COMMISSION; TERMI- charge its duties under this title. each day during which that member is en- NATION. (c) INFORMATION AND MATERIALS FROM FED- gaged in the actual performance of the du- (a) INTERIM REPORTS.—The Commission ERAL AGENCIES.— ties of the Commission. may submit to the President and Congress (1) IN GENERAL.— (b) TRAVEL EXPENSES.—While away from interim reports containing such findings, (A) COOPERATION OF AGENCIES.—The Com- their homes or regular places of business in conclusions and recommendations as have mission shall receive the full and timely co- the performance of services for the Commis- been agreed to by a majority of Commission operation of any department, agency, ele- sion, members of the Commission shall be al- members. ment, bureau, board, commission, inde- lowed travel expenses, including per diem in (b) FINAL REPORT.—Not later than 12 pendent establishment, or other instrumen- lieu of subsistence, in the same manner as months after the date of the enactment of tality of the United States Government, and persons employed intermittently in the Gov- this Act, the Commission shall submit to the of any officer or employee thereof, whose as- ernment service are allowed expenses under President and Congress a final report con- sistance is necessary for the fulfillment of section 5703(b) of title 5, United States Code. taining such findings, conclusions, and rec- the duties of the Commission under this SEC. 1508. STAFF OF COMMISSION. ommendations as have been agreed to by a title. (a) IN GENERAL.— majority of Commission members. (B) FURNISHING OF MATERIALS.—The Com- (1) APPOINTMENT AND COMPENSATION.—The (c) TERMINATION.— mission is authorized to secure directly from chairman, in consultation with the vice (1) IN GENERAL.—The Commission, and all any department, agency, element, bureau, chairman and in accordance with rules the authorities of this title, shall terminate board, commission, independent establish- agreed upon by the Commission, may ap- 60 days after the date on which the final re- ment, or other instrumentality of the United point and fix the compensation of a staff di- port is submitted under subsection (b). States Government information, materials rector and such other personnel as may be (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- (including classified materials), suggestions, necessary to enable the Commission to carry MINATION.—The Commission may use the 60- estimates, and statistics for the purposes of out its functions, without regard to the pro- day period referred to in paragraph (1) for this title. Each such department, agency, visions of title 5, United States Code, gov- the purpose of concluding its activities, in- element, bureau, board, commission, inde- erning appointments in the competitive cluding providing testimony to committees pendent establishment, or other instrumen- service, and without regard to the provisions of Congress concerning its reports, dissemi- tality shall, to the maximum extent author- of chapter 51 and subchapter III of chapter 53 nating the final report. ized by law, furnish all such information, of such title relating to classification and SEC. 1512. FUNDING. materials, suggestions, estimates, and statis- General Schedule pay rates, except that no (a) AUTHORIZATION OF APPROPRIATIONS.— tics directly to the Commission, promptly rate of pay fixed under this subsection may There are authorized to be appropriated to

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.092 S25JYPT1 S8856 CONGRESSIONAL RECORD — SENATE July 25, 2005 the Commission to carry out this section SEC. 807. LIMITATION ON EXCESS CHARGES ernment forces, insurgent forces, United $2,500,000. UNDER TIME-AND-MATERIALS AND States Armed Forces, ,or other); (2) a de- (b) DURATION OF AVAILABILITY.—Amounts LABOR-HOUR CONTRACTS. scription of the circumstances under which made available to the Commission under (a) REGULATIONS REQUIRED.—Not later the casualties occurred; (3) if the casualties subsection (a) shall remain available until than 90 days after the date of the enactment were fatalities or injuries; (4) if any condo- the termination of the Commission. of this Act, the Secretary of Defense shall lence payment, compensation or assistance prescribe regulations governing the the was provided to the victim or to the victim’s SA 1495. Mr. LEVIN submitted an terms and conditions of time-and-materials family; (5) an estimate of the total number amendment intended to be proposed by contracts and labor-hour contracts entered of such casualties, and (6) any other informa- into for or on behalf of the Department of tion relating to the casualties. him to the bill S. 1042, to authorize ap- Defense. propriations for fiscal year 2006 for (b) LIMITATION ON EXCESS CHARGES.— SA 1499. Mr. KERRY submitted an military activities of the Department (1) IN GENERAL.—The regulations pre- amendment intended to be proposed by of Defense, for military construction, scribed pursuant to subsection (a) shall au- him to the bill S. 1042, to authorize ap- and for defense activities of the De- thorize the use of a time-and-materials con- propriations for fiscal year 2006 for partment of Energy, to prescribe per- tract or a labor-hour contract for or on be- military activities of the Department sonnel strengths for such fiscal year half of the Department of Defense only if the of Defense, for military construction, for the Armed Forces, and for other contract provides for acquiring supplies or and for defense activities of the De- services on the basis of— purposes; which was ordered to lie on (A) direct labor hours provided by the partment of Energy, to prescribe per- the table; as follows: prime contractor at specified fixed hourly sonnel strengths for such fiscal year On page 371, between lines 8 and 9, insert rates that include wages, overhead, general for the Armed Forces, and for other the following: and administrative expenses, and profit; and purposes; which was ordered to lie on SEC. 2887. TREATMENT OF INDIAN TRIBE GOV- (B) the reimbursement of the prime con- the table; as follows: ERNMENTS AS PUBLIC ENTITIES tractor for the reasonable costs (including On page 219, strike lines 20 through 25 and FOR PURPOSES OF DISPOSAL OF overhead, general and administrative ex- insert the following: REAL PROPERTY RECOMMENDED penses, and profit, to the extent permitted (3) REPORT.— FOR CLOSURE IN JULY 2003 BRAC under the regulations) of subcontracts for COMMISSION REPORT. (A) IN GENERAL.—The Secretary of Defense supplies and subcontracts for services, ex- shall submit to the Committee on Armed Section 8013 of the Department of Defense cept as provided in paragraph (2). Services and the Committee on Small Busi- Appropriations Act, 1994 (Public Law 103–139; (2) SUBCONTRACTOR LABOR HOURS.—Direct ness and Entrepreneurship of the Senate and 107 Stat. 1440) is amended by striking ‘‘the labor hours provided by a subcontractor may the Committee on Armed Services and the report to the President from the Defense be provided on the basis of specified fixed Committee on Small Business of the House Base Closure and Realignment Commission, hourly rates that include wages, overhead, of Representatives on an annual basis a re- July 1991’’ and inserting ‘‘the reports to the general and administrative expenses, and port setting forth the research programs President from the Defense Base Closure and profit only if such hourly rates are set forth identified under paragraph (1) during the pre- Realignment Commission, July 1991 and July in the contract for that specific subcon- ceding year. 1993’’. tractor. (B) CONTENTS.—Each report under subpara- (c) DEPARTMENT OF DEFENSE PURCHASES graph (A) shall include, for the year covered SA 1496. Mr. LEVIN submitted an THROUGH CONTRACTS ENTERED BY NON-DE- by such report, a description of— amendment intended to be proposed by FENSE AGENCIES.—The regulations prescribed (i) the incentives and actions taken by him to the bill S. 1042, to authorize ap- pursuant to subsection (a) shall include ap- prime contractors and program managers to propriations for fiscal year 2006 for propriate measures to ensure compliance increase Phase III awards under the Small military activities of the Department with the requirements of this section in all Business Innovation Research Program; and of Defense, for military construction, Department of Defense purchases through (ii) the requirements intended to be met by and for defense activities of the De- non-defense agencies. each program identified in the report. (d) EFFECTIVE DATE.—The regulations pre- (4) PILOT PROGRAM.— partment of Energy, to prescribe per- scribed pursuant to subsection (a) shall take (A) IN GENERAL.—The Secretary of each sonnel strengths for such fiscal year effect on the date that is 90 days after the military department is authorized to use not for the Armed Forces, and for other date of the enactment of this Act, and shall more than an amount equal to 1 percent of purposes; as follows: apply to— the funds available to the military depart- At the end of title XII, add the following: (1) all contracts awarded for or on behalf of ment for the Small Business Innovation Re- search Program and the Small Business SEC. 1205. LIMITATION ON AVAILABILITY OF the Department of Defense on or after such FUNDS FOR NORMALIZATION OF RE- date; and Technology Transfer Program for a pilot LATIONS WITH GOVERNMENT OF (2) all task or delivery orders issued for or program to transition programs that have LIBYA. on behalf of the Department of Defense on or successfully completed Phase II of the Small None of the funds authorized to be appro- after such date, regardless whether the con- Business Innovation Research Program to priated by this Act or any other Act may be tracts under which such task or delivery or- Phase III of the Program. obligated or expended for purposes of nego- ders are issued were awarded before, on, or (B) TERM.—A pilot program under subpara- tiations towards normalizing relations with after such date. graph (A) shall terminate not later than 3 the Government of Libya until the Attorney years after the date on which the pilot pro- General, in consultation with the Secretary SA 1498. Mr. LEAHY submitted an gram is initiated. of State and the Secretary of Defense, cer- amendment intended to be proposed by SA 1500. Mr. KERRY submitted an tifies to Congress that the Government of him to the bill S. 1042, to authorize ap- Libya has made a good faith offer in the ne- amendment intended to be proposed by propriations for fiscal year 2006 for him to the bill S. 1042, to authorize ap- gotiations on the claims of members of the military activities of the Department Armed Forces of the United States who were propriations for fiscal year 2006 for injured in the bombing of the LaBelle Dis- of Defense, for military construction, military activities of the Department cotheque in Berlin, Germany, and the claims and for defense activities of the De- of Defense, for military construction, of family members of members of the Armed partment of Energy, to prescribe per- and for defense activities of the De- Forces of the United States who were killed sonnel strengths for such fiscal year partment of Energy, to prescribe per- in that bombing. for the Armed Forces, and for other sonnel strengths for such fiscal year purposes; which was ordered to lie on for the Armed Forces, and for other Mr. LEVIN submitted an SA 1497. the table; as follows: purposes; which was ordered to lie on amendment intended to be proposed by SEC. ll. Not later than 90 days after the the table; as follows: him to the bill S. 1042, to authorize ap- date of enactment of this Act, the Secretary On page 237, after line 17, insert the fol- propriations for fiscal year 2006 for of Defense shall submit a report to the ap- lowing: military activities of the Department propriate Congressional committees with the SEC. 846. RADIO FREQUENCY IDENTIFIER TECH- of Defense, for military construction, following information— NOLOGY. and for defense activities of the De- (a) Whether records of civilian casualties (a) SMALL BUSINESS STRATEGY.—As part of partment of Energy, to prescribe per- in Afghanistan and Iraq are kept by the De- implementing its requirement that contrac- sonnel strengths for such fiscal year partment, and if so, how and from what tors use radio frequency identifier tech- sources this information is collected, where nology, the Secretary of Defense shall de- for the Armed Forces, and for other it is kept, and who is responsible for main- velop and implement— purposes; as follows: taining such records. (1) best practice standards regarding the At the end of subtitle A of title VIII, add (b) Whether such records indicate (1) who use of that technology to ensure that the De- the following: caused the casualties (whether hostile gov- partment of Defense meets its contracting

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.092 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8857 goals for the utilization of small business taxpayer for any taxable year is equal to 40 qualified replacement employee under this concerns (as defined in section 3 of the Small percent of so much of the excess (if any) paid subsection. Business Act (15 U.S.C. 632)), in Department by the taxpayer to such qualified employee ‘‘(B) QUALIFIED COMPENSATION.—When used of Defense contracts; and of— with respect to the compensation paid to a (2) a strategy to educate the small business ‘‘(i) the qualified employee’s average daily qualified replacement employee, the term community regarding radio frequency identi- qualified compensation for the taxable year, ‘qualified compensation’ means— fier technology requirements, compliance, over ‘‘(i) compensation which is normally con- standards, and opportunities. ‘‘(ii) the average daily military pay and al- tingent on the qualified replacement em- (b) REPORTING.— lowances received by the qualified employee ployee’s presence for work and which is de- (1) INITIAL REPORT.—Not later than 60 days during the taxable year while participating ductible from the taxpayer’s gross income after the date of enactment of this Act, the in qualified reserve component duty to the under section 162(a)(1), Secretary of Defense shall submit a report to exclusion of the qualified employee’s normal ‘‘(ii) compensation which is not character- the Committee on Small Business and Entre- employment duties, ized by the taxpayer as vacation or holiday preneurship and the Committee on Armed for the aggregate number of days the quali- pay, or as sick leave or pay, or as any other Services of the Senate and the Committee on fied employee participates in qualified reform of pay for a nonspecific leave of ab- Small Business and the Committee on Armed serve component duty during the taxable sence, and Services of the House of Representatives de- year (including time spent in a travel status) ‘‘(iii) group health plan costs (if any) with tailing the status of the efforts by the Sec- as does not exceed $25,000. The employment respect to the qualified replacement em- retary of Defense to establish requirements credit, with respect to all qualified employ- ployee. for radio frequency identifier technology ees, is equal to the sum of the employment ‘‘(C) QUALIFIED REPLACEMENT EMPLOYEE.— used in Department of Defense contracting, credits for each qualified employee under The term ‘qualified replacement employee’ including— this subsection. means an individual who is hired to replace (A) standardization of the data required to ‘‘(B) AVERAGE DAILY QUALIFIED COMPENSA- a qualified employee or a qualified self-em- be reported by such technology; and TION AND AVERAGE DAILY MILITARY PAY AND ployed taxpayer, but only with respect to the (B) standardization of the manufacturing ALLOWANCES.—As used with respect to a period during which such employee or tax- quality required for such technology. qualified employee— payer participates in qualified reserve com- (2) ANNUAL REPORT.—Not later than 1 year ‘‘(i) the term ‘average daily qualified component duty, including time spent in travel after the date of submission of the report pensation’ means the qualified compensation status, and, in the case of a qualified em- under paragraph (1), and annually thereafter, of the qualified employee for the taxable ployee, is receiving qualified compensation the Secretary of Defense shall submit a re- year divided by 365, and (as defined in paragraph (1)(C)) for which an port to the Committee on Small Business ‘‘(ii) the term ‘average daily military pay employment credit is allowed as determined and Entrepreneurship of the Senate and the and allowances’ means— under paragraph (1). ELF-EMPLOYMENT CREDIT.—For pur- Committee on Small Business of the House ‘‘(I) the amount paid to the qualified em- ‘‘(c) S poses of this section— of Representatives detailing— ployee during the taxable year as military ‘‘(1) IN GENERAL.—The self-employment (A) the information described in paragraph pay and allowances on account of the quali- credit of a qualified self-employed taxpayer (1); fied employee’s participation in qualified re- for any taxable year is equal to 40 percent of (B) the status of the efforts of the Sec- serve component duty, divided by so much of the excess (if any) of— retary of Defense to develop and implement ‘‘(II) the total number of days the qualified ‘‘(A) the qualified self-employed taxpayer’s the best practice standards required by sub- employee participates in qualified reserve component duty, including time spent in average daily qualified compensation for the section (a)(1); and travel status. taxable year, over (C) the status of the efforts of the Sec- ‘‘(C) QUALIFIED COMPENSATION.—When used ‘‘(B) the average daily military pay and al- retary of Defense to develop and implement with respect to the compensation paid to a lowances received by the taxpayer during the a strategy to educate the small business qualified employee for any period during taxable year while participating in qualified community, as required by subsection (a)(2). which the qualified employee participates in reserve component duty to the exclusion of the taxpayer’s normal self-employment du- SA 1501. Mr. KERRY submitted an qualified reserve component duty, the term ‘qualified compensation’ means— ties, amendment intended to be proposed by ‘‘(i) compensation which is normally con- for the aggregate number of days the tax- him to the bill S. 1042, to authorize ap- tingent on the qualified employee’s presence payer participates in qualified reserve com- propriations for fiscal year 2006 for for work and which would be deductible from ponent duty during the taxable year (includ- military activities of the Department the taxpayer’s gross income under section ing time spent in a travel status) as does not of Defense, for military construction, 162(a)(1) if the qualified employee were exceed $25,000. and for defense activities of the De- present and receiving such compensation, ‘‘(2) AVERAGE DAILY QUALIFIED COMPENSA- partment of Energy, to prescribe per- ‘‘(ii) compensation which is not character- TION AND AVERAGE DAILY MILITARY PAY AND ized by the taxpayer as vacation or holiday ALLOWANCES.—As used with respect to a sonnel strengths for such fiscal year pay, or as sick leave or pay, or as any other qualified self-employed taxpayer— for the Armed Forces, and for other form of pay for a nonspecific leave of ab- ‘‘(A) the term ‘average daily qualified com- purposes; which was ordered to lie on sence, and with respect to which the number pensation’ means the qualified compensation the table; as follows: of days the qualified employee participates of the qualified self-employed taxpayer for At the appropriate place insert the fol- in qualified reserve component duty does not the taxable year divided by 365 days, and lowing: result in any reduction in the amount of va- ‘‘(B) the term ‘average daily military pay SEC. ll. CREDIT FOR INCOME DIFFERENTIAL cation time, sick leave, or other nonspecific and allowances’ means— FOR EMPLOYMENT OF ACTIVATED leave previously credited to or earned by the ‘‘(i) the amount paid to the taxpayer dur- MILITARY RESERVIST AND RE- qualified employee, and ing the taxable year as military pay and al- PLACEMENT PERSONNEL. ‘‘(iii) group health plan costs (if any) with lowances on account of the taxpayer’s par- (a) IN GENERAL.—Subpart B of part IV of respect to the qualified employee. ticipation in qualified reserve component subchapter A of chapter 1 of the Internal ‘‘(D) QUALIFIED EMPLOYEE.—The term duty, divided by Revenue Code of 1986 (relating to foreign tax ‘qualified employee’ means a person who— ‘‘(ii) the total number of days the taxpayer credit, etc.) is amended by adding at the end ‘‘(i) has been an employee of the taxpayer participates in qualified reserve component the following new section: for the 91-day period immediately preceding duty, including time spent in travel status. ‘‘SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTI- the period during which the employee par- ‘‘(3) QUALIFIED COMPENSATION.—When used VATED MILITARY RESERVISTS. ticipates in qualified reserve component with respect to the compensation paid to a ‘‘(a) GENERAL RULE.—There shall be al- duty, and qualified self-employed taxpayer for any pe- lowed as a credit against the tax imposed by ‘‘(ii) is a member of the Ready Reserve of riod during which the qualified self-em- this chapter for the taxable year an amount a reserve component of an Armed Force of ployed taxpayer participates in qualified re- equal to the sum of— the United States as defined in sections 10142 serve component duty, the term ‘qualified ‘‘(1) in the case of an eligible small busi- and 10101 of title 10, United States Code. compensation’ means— ness employer, the employment credit with ‘‘(2) QUALIFIED REPLACEMENT EMPLOYEES.— ‘‘(A) the self-employment income (as de- respect to all qualified employees and quali- ‘‘(A) IN GENERAL.—The employment credit fined in section 1402(b) of the taxpayer which fied replacement employees of the taxpayer, with respect to a qualified replacement em- is normally contingent on the taxpayer’s plus ployee of the taxpayer for any taxable year presence for work, ‘‘(2) the self-employment credit of a quali- is equal to 40 percent of so much of the indi- ‘‘(B) compensation which is not character- fied self-employed taxpayer. vidual’s qualified compensation attributable ized by the taxpayer as vacation or holiday ‘‘(b) EMPLOYMENT CREDIT.—For purposes of to service rendered as a qualified replace- pay, or as sick leave or pay, or as any other this section— ment employee as does not exceed $15,000. form of pay for a nonspecific leave of ab- ‘‘(1) QUALIFIED EMPLOYEES.— The employment credit, with respect to all sence, and ‘‘(A) IN GENERAL.—The employment credit qualified replacement employees, is equal to ‘‘(C) the amount paid for insurance which with respect to a qualified employee of the the sum of the employment credits for each constitutes medical care for the taxpayer for

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.095 S25JYPT1 S8858 CONGRESSIONAL RECORD — SENATE July 25, 2005 such year (within the meaning of section support of a contingency operation as de- sonnel strengths for such fiscal year 162(l)). fined in section 101(a)(13) of title 10, United for the Armed Forces, and for other ‘‘(4) QUALIFIED SELF-EMPLOYED TAXPAYER.— States Code. purposes; which was ordered to lie on The term ‘qualified self-employed taxpayer’ ‘‘(4) CARRYBACK AND CARRYFORWARD AL- the table; as follows: means a taxpayer who— LOWED.— At the appropriate place, insert the fol- ‘‘(A) has net earnings from self-employ- ‘‘(A) IN GENERAL.—If the credit allowable lowing: ment (as defined in section 1402(a)) for the under subsection (a) for a taxable year ex- taxable year, and ceeds the amount of the limitation under SEC. ll. REPORT ON EDUCATIONAL BENEFITS FOR VETERANS. ‘‘(B) is a member of the Ready Reserve of subsection (f)(1) for such taxable year (in a reserve component of an Armed Force of (a) IN GENERAL.—Not later than 180 days this paragraph referred to as the ‘unused after the date of enactment of this Act, the the United States. credit year’), such excess shall be a credit ‘‘(d) COORDINATION WITH OTHER CREDITS.— Secretary of Defense and the Secretary of carryback to the taxable year preceding the Veterans Affairs shall submit a report con- The amount of credit otherwise allowable unused credit year and a credit carryforward under sections 51(a) and 1396(a) with respect taining the information described in sub- to each of the 20 taxable years following the section (b) to— to any employee shall be reduced by the unused credit year. credit allowed by this section with respect to (1) the Committee on Armed Services of ‘‘(B) RULES.—Rules similar to the rules of the Senate; such employee. section 39 shall apply with respect to the ‘‘(e) LIMITATIONS.— (2) the Committee on Armed Services of credit carryback and credit carryforward ‘‘(1) APPLICATION WITH OTHER CREDITS.—The the House of Representatives; under subparagraph (A). credit allowed under subsection (a) for any (3) the Committee on Veterans’ Affairs of ‘‘(5) CERTAIN RULES TO APPLY.—Rules simi- taxable year shall not exceed the excess (if the Senate; and lar to the rules of subsections (c), (d), and (e) any) of— (4) the Committee on Veterans’ Affairs of of section 52 shall apply.’’. ‘‘(A) the regular tax for the taxable year the House of Representatives. (b) NO DEDUCTION FOR COMPENSATION reduced by the sum of the credits allowable (b) CONTENTS.—The report under sub- TAKEN INTO ACCOUNT FOR CREDIT.—Section under subpart A and sections 27, 29, and 30, section (a) shall include— 280C(a) of the Internal Revenue Code of 1986 over (1) an analysis by the Department of De- (relating to rule for employment credits) is ‘‘(B) the tentative minimum tax for the fense of the effect on recruitment of edu- amended— taxable year. cational benefits under the Montgomery GI (1) by inserting ‘‘or compensation’’ after ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY Bill, including— ‘‘salaries’’, and WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS (A) the percentage of personnel who sign (2) by inserting ‘‘30B,’’ before ‘‘45A(a),’’. OF MEMBERS OF THE RESERVE COMPONENTS OF up for such educational benefits; and (c) CONFORMING AMENDMENT.—Section THE ARMED FORCES OF THE UNITED STATES.— (B) the importance of such educational 55(c)(2) of the Internal Revenue Code of 1986 No credit shall be allowed under subsection benefits in the decision of an individual to is amended by inserting ‘‘30B(e)(1),’’ after (a) to a taxpayer for— enlist; ‘‘30(b)(3),’’. ‘‘(A) any taxable year, beginning after the (2) an analysis by the Department of Vet- (d) CLERICAL AMENDMENT.—The table of date of the enactment of this section, in erans Affairs of the effect on readjustment of sections for subpart B of part IV of sub- which the taxpayer is under a final order, educational benefits under the Montgomery chapter A of chapter 1 of the Internal Rev- judgment, or other process issued or required GI Bill, including— enue Code of 1986 is amended by adding at by a district court of the United States (A) the percentage who use partial bene- the end of 30A the following new item: fits; under section 4323 of title 38 of the United (B) the percentage who use full benefits; States Code with respect to a violation of ‘‘Sec. 30B. Employer wage credit for acti- and chapter 43 of such title, and vated military reservists.’’. (C) the reasons that veterans choose not to ‘‘(B) the 2 succeeding taxable years. (e) EFFECTIVE DATE.—The amendments use benefits; ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- made by this section shall apply to amounts (3) suggestions of ways to improve edu- SONS ORDERED TO ACTIVE DUTY FOR TRAIN- paid in taxable years beginning after Decem- cational benefits in order to improve recruit- ING.—No credit shall be allowed under sub- ber 31, 2004. ing, retention and readjustment; section (a) to a taxpayer with respect to any (4) cost estimates for the improvements period by taking into account any person SA 1502. Mr. KERRY submitted an suggested under paragraph (3); who is called or ordered to active duty for amendment intended to be proposed by (5) projected 5-year and 10-year costs of any of the following types of duty: him to the bill S. 1042, to authorize ap- educational benefits under chapters 1606 and ‘‘(A) Active duty for training under any propriations for fiscal year 2006 for 1607 of title 10, United States Code, and sec- provision of title 10, United States Code. military activities of the Department tion 3015 of title 38, United States Code; and ‘‘(B) Training at encampments, maneuvers, of Defense, for military construction, (6) projected 5-year and 10-year costs under outdoor target practice, or other exercises chapters 1606 and 1607 of title 10, United under chapter 5 of title 32, United States and for defense activities of the De- partment of Energy, to prescribe per- States Code, and section 3015 of title 38, Code. United States Code, if the baseline 3-year ac- ‘‘(C) Full-time National Guard duty, as de- sonnel strengths for such fiscal year tive duty rate is increased to cover the aver- fined in section 101(d)(5) of title 10, United for the Armed Forces, and for other age price of— States Code. purposes; which was ordered to lie on (A) a public 4-year secondary education ‘‘(f) GENERAL DEFINITIONS AND SPECIAL the table; as follows: (commuter tuition and fees, room and board, RULES.—For purposes of this section— At the end of subtitle A of title VI, add the books and supplies, transportation and other ‘‘(1) ELIGIBLE SMALL BUSINESS EMPLOYER.— following: expenses); ‘‘(A) IN GENERAL.—The term ‘eligible small SEC. 605. PERMANENT EXTENSION OF PERIOD OF (B) a public 4-year secondary education business employer’ means, with respect to (non-commuter tuition and fees, room and any taxable year, any employer which— TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR HOUSING board, books and supplies, transportation ‘‘(i) employed an average of 100 or fewer FOR DEPENDENTS OF MEMBERS OF and other expenses); employees on business days during such tax- THE ARMED FORCES WHO DIE ON (C) a public 4-year secondary education able year, and ACTIVE DUTY. (commuter tuition and fees, room and ‘‘(ii) under a written plan of the employer, Effective immediately after the termi- board); and provides the excess amount described in sub- nation, pursuant to subsection (b) of section (D) a public 4-year secondary education section (b)(1)(A) to every qualified employee 1022 of the Emergency Supplemental Appro- (non-commuter tuition and fees, room and of the employer. priations Act for Defense, the Global War on board). ‘‘(B) CONTROLLED GROUPS.—For purposes of Terror, and Tsunami Relief, 2005 (Public Law (c) CALCULATION.—In calculating costs subparagraph (A), all persons treated as a 109–13; 119 State. 251), of the amendments under paragraphs (5) and (6) of subsection single employer under subsection (b), (c), made by subsection (a) of such section, sec- (b)— (m), or (o) of section 414 shall be treated as tion 403(1) of title 37, United States Code, is (1) future costs shall be adjusted for infla- a single employer. amended by striking ‘‘180 days’’ each place it tion using the ‘‘college tuition and fees’’ ‘‘(2) MILITARY PAY AND ALLOWANCES.—The appears and inserting ‘‘365 days’’. component of the Consumer Price Index; and term ‘military pay’ means pay as that term (2) the ratio between the cost of benefits is defined in section 101(21) of title 37, United SA 1503. Mr. KERRY submitted an under chapters 1606 and 1607 of title 10, States Code, and the term ‘allowances’ amendment intended to be proposed by United States Code, and the cost of benefits means the allowances payable to a member him to the bill S. 1042, to authorize ap- under section 3015 of title 38, United States of the Armed Forces of the United States propriations for fiscal year 2006 for Code, shall be the same as the ratio between under chapter 7 of that title. such costs as of the date of enactment of this military activities of the Department ‘‘(3) QUALIFIED RESERVE COMPONENT DUTY.— Act. The term ‘qualified reserve component duty’ of Defense, for military construction, includes only active duty performed, as des- and for defense activities of the De- SA 1504. Mr. KERRY submitted an ignated in the reservist’s military orders, in partment of Energy, to prescribe per- amendment intended to be proposed by

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.095 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8859 him to the bill S. 1042, to authorize ap- (B) A detainee shall be provided a military (6) SECRETARY.—The term ‘‘Secretary’’ propriations for fiscal year 2006 for judge advocate for purposes of the Annual means the Secretary of Energy. military activities of the Department Review Board. (7) TRUSTEES.—The term ‘‘Trustees’’ means (C) The Designated Civilian Official shall the Federal and State officials designated as of Defense, for military construction, be an officer of the United States Govern- trustees under section 107(f)(2) of the Com- and for defense activities of the De- ment whose appointment to office was made prehensive Environmental Response, Com- partment of Energy, to prescribe per- by the President, by and with the advise and pensation, and Liability Act of 1980 (42 sonnel strengths for such fiscal year consent of the Senate. U.S.C. 9607(f)(2)). for the Armed Forces, and for other (3) MODIFICATION OF PROCEDURES.—The (b) PURCHASE OF ESSENTIAL MINERAL purposes; which was ordered to lie on President may modify the procedures and re- RIGHTS.— the table; as follows: quirements set forth under paragraphs (1) (1) IN GENERAL.—Not later than 1 year after and (2). Any modification of such procedures the date of enactment of this Act, such At the end of subtitle B of title II, add the or requirements may not go into effect until amounts authorized to be appropriated under following: 30 days after the date on which the President subsection (c) shall be available to the Sec- SEC. 213. PROJECT SHERIFF. notifies the congressional defense commit- retary to purchase essential mineral rights (a) AVAILABILITY OF AMOUNT.—Of the tees of the modification. at Rocky Flats. amount authorized to be appropriated by (c) DEFINITIONS.—In this section: (2) CONDITIONS.—The Secretary shall not section 201(4) for research, development, test, (1) The term ‘‘lawful enemy combatant’’ purchase an essential mineral right under and evaluation for Defense-wide activities, means person engaging in war or other paragraph (1) unless— the amount available for the Force Trans- armed conflict against the United States or (A) the owner of the essential mineral formation Directorate is hereby increased by its allies on behalf of a state party to the Ge- right is a willing seller; and $10,000,000, with the amount of the increase neva Convention Relative to the Treatment (B) the Secretary purchases the essential to be available for Project Sheriff. of Prisoners of War, dated August 12, 1949, mineral right for an amount that does not (b) OFFSET.—Of the amount authorized to who meets the criteria of a prisoner of war exceed fair market value. be appropriated by section 201(4) for re- under Article 4 of that Convention. (3) LIMITATION.—Only those funds author- search, development, test, and evaluation for (2) The term ‘‘unlawful enemy combatant’’, ized to be appropriated under subsection (c) Defense-wide activities the amount available with respect to noncitizens of the United shall be available for the Secretary to pur- for the Transformation Initiatives Program States, means a person (other than a person chase essential mineral rights under para- is hereby reduced by $10,000,000. described in paragraph (1)) engaging in war, graph (1). other armed conflict, or hostile acts against (4) RELEASE FROM LIABILITY.—Notwith- SA 1505. Mr. GRAHAM (for himself, the United States or its allies, or knowingly standing any other law, any natural resource supporting others so engaged, regardless of damage liability claim shall be considered to Mr. WARNER, and Mr. MCCAIN) sub- location. be satisfied by— mitted an amendment intended to be (A) the purchase by the Secretary of essen- proposed by him to the bill S. 1042, to SA 1506. Mr. ALLARD (for himself tial mineral rights under paragraph (1) for authorize appropriations for fiscal year and Mr. SALAZAR) submitted an amend- consideration in an amount equal to 2006 for military activities of the De- ment intended to be proposed by him $10,000,000; partment of Defense, for military con- to the bill S. 1042, to authorize appro- (B) the payment by the Secretary to the struction, and for defense activities of priations for fiscal year 2006 for mili- Trustees of $10,000,000; or the Department of Energy, to prescribe tary activities of the Department of (C) the purchase by the Secretary of any portion of the mineral rights under para- personnel strengths for such fiscal year Defense, for military construction, and graph (1) for— for the Armed Forces, and for other for defense activities of the Depart- (i) consideration in an amount less than purposes; as follows: ment of Energy, to prescribe personnel $10,000,000; and At the end of subtitle G of title X, add the strengths for such fiscal year for the (ii) a payment by the Secretary to the following: Armed Forces, and for other purposes; Trustees of an amount equal to the dif- SEC. 1073. AUTHORITY TO UTILIZE COMBATANT as follows: ference between— STATUS REVIEW TRIBUNALS AND On page 378, between lines 10 and 11, insert (I) $10,000,000; and ANNUAL REVIEW BOARD TO DETER- the following: (II) the amount paid under clause (i). MINE STATUS OF DETAINEES AT SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- (5) USE OF FUNDS.— GUANTANAMO BAY, CUBA. NOLOGY SITE. (A) IN GENERAL.—Any amounts received (a) AUTHORITY.—The President is author- (a) DEFINITIONS.—In this section: under paragraph (4) shall be used by the ized to utilize the Combatant Status Review (1) ESSENTIAL MINERAL RIGHT.—The term Trustees for the purposes described in sec- Tribunals and a noticed Annual Review ‘‘essential mineral right’’ means a right to tion 107(f)(1) of the Comprehensive Environ- Board, and the procedures thereof as speci- mine sand and gravel at Rocky Flats, as de- mental Response, Compensation, and Liabil- fied in subsection (b), currently in operation picted on the map. ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- at Guantanamo Bay, Cuba, in order to deter- (2) FAIR MARKET VALUE.—The term ‘‘fair ing— mine the status of the detainees held at market value’’ means the value of an essen- (i) the purchase of additional mineral Guantanamo Bay, including whether any tial mineral right, as determined by an ap- rights at Rocky Flats; and such detainee is a lawful enemy combatant praisal performed by an independent, cer- (ii) the development of habitat restoration or an unlawful enemy combatant. tified mineral appraiser under the Uniform projects at Rocky Flats. (b) PROCEDURES.— Standards of Professional Appraisal Prac- (B) CONDITION.—Any expenditure of funds (1) IN GENERAL.—Except as provided in tice. under this paragraph shall be made jointly paragraph (2), the procedures specified in (3) MAP.—The term ‘‘map’’ means the map by the Trustees. this subsection are as follows: entitled ‘‘Rocky Flats National Wildlife Ref- (C) ADDITIONAL FUNDS.—The Trustees may (A) For the Combatant Status Review Tri- uge’’, dated July 25, 2005, and available for use the funds received under paragraph (4) in bunals, the memorandum of the Secretary of inspection in appropriate offices of the conjunction with other private and public the Navy of July 29, 2004, regarding the im- United States Fish and Wildlife Service and funds. plementation of Combatant Status Review the Department of Energy. (6) EXEMPTION FROM NATIONAL ENVIRON- Tribunal procedures for Enemy Combatants (4) NATURAL RESOURCE DAMAGE LIABILITY MENTAL POLICY ACT.—Any purchases of min- detained at Guantanamo Bay Naval Base, CLAIM.—The term ‘‘natural resource damage eral rights under this subsection shall be ex- Cuba. liability claim’’ means a natural resource empt from the National Environmental Pol- (B) For the Annual Review Board, the De- damage liability claim under subsections icy Act of 1969 (42 U.S.C. 4321 et seq.). partment of Defense Designated Civilian Of- (a)(4)(C) and (f) of section 107 of the Com- (7) ROCKY FLATS NATIONAL WILDLIFE REF- ficial Memorandum dated September 14, 2004, prehensive Environmental Response, Com- UGE.— regarding the Implementation of Adminis- pensation, and Liability Act of 1980 (42 (A) TRANSFER OF MANAGEMENT RESPON- trative Review Procedures for Enemy Com- U.S.C. 9607) arising from hazardous sub- SIBILITIES.—The Rocky Flats National Wild- batants Detained at U.S. Naval Base Guanta- stances releases at or from Rocky Flats that, life Refuge Act of 2001 (16 U.S.C. 668dd note; namo Bay, Cuba. as of the date of enactment of this Act, are Public Law 107–107) is amended— (2) EXCEPTION.—The exceptions provided in identified in the administrative record for (i) in section 3175— this paragraph for the procedures specified in Rocky Flats required by the National Oil (I) by striking subsections (b) and (f); and paragraph (1) are as follows: and Hazardous Substances Pollution Contin- (II) by redesignating subsections (c), (d), (A) To the extent practicable, the Combat- gency Plan prepared under section 105 of and (e) as subsections (b), (c), and (d), respec- ant Status Review Tribunal shall determine, that Act (42 U.S.C. 9605). tively; and by a preponderance of the evidence, whether (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ (ii) in section 3176(a)(1), by striking ‘‘sec- statements derived from persons held in for- means the Department of Energy facility in tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. eign custody were obtained without under the State of Colorado known as the ‘‘Rocky (B) BOUNDARIES.—Section 3177 of the coercion. Flats Environmental Technology Site’’. Rocky Flats National Wildlife Refuge Act of

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.096 S25JYPT1 S8860 CONGRESSIONAL RECORD — SENATE July 25, 2005 2001 (16 U.S.C. 668dd note; Public Law 107–107) eral law for personal injuries, property dam- turing or processing capabilities in the is amended by striking subsection (c) and in- age or loss, or death caused by the equip- United States. serting the following: ment after the donation. (c) SUSPENSION AUTHORIZED.—The Sec- ‘‘(c) COMPOSITION.— (b) EXCEPTIONS.—Subsection (a) does not retary of Commerce may, in consultation ‘‘(1) IN GENERAL.—Except as provided in apply to a person if— with the Director of the Defense Logistics paragraph (2), the refuge shall consist of land (1) the person’s act or omission causing the Agency, suspend disposal of tungsten ores within the boundaries of Rocky Flats, as de- injury, damage, loss, or death constitutes and concentrates under subsection (a) if the picted on the map— gross negligence or intentional misconduct; Secretary determines that additional dis- ‘‘(A) entitled ‘Rocky Flats National Wild- or posal of such ores and concentrates would life Refuge’; (2) the person is the manufacturer of the have an adverse impact on United States en- ‘‘(B) dated July 25, 2005; and fire control or fire rescue equipment. tities that mine or process tungsten. ‘‘(C) available for inspection in the appro- (c) PREEMPTION.—This section preempts priate offices of the United States Fish and the laws of any State to the extent that such SA 1509. Mr. HATCH (for himself, Mr. Wildlife Service and the Department of En- laws are inconsistent with this section, ex- INHOFE, Mr. BENNETT, and Mr. ergy. cept that notwithstanding subsection (b) this CHAMBLISS) submitted an amendment ‘‘(2) EXCLUSIONS.—The refuge does not in- section shall not preempt any State law that intended to be proposed by him to the clude— provides additional protection from liability bill S. 1042, to authorize appropriations ‘‘(A) any land retained by the Department for a person who donates fire control or fire for fiscal year 2006 for military activi- of Energy for response actions under section rescue equipment to a volunteer fire com- ties of the Department of Defense, for 3175(c); pany. military construction, and for defense ‘‘(B) any land depicted on the map de- (d) DEFINITIONS.—In this section: activities of the Department of Energy, (1) PERSON.—The term ‘‘person’’ includes scribed in paragraph (1) that is subject to 1 to prescribe personnel strengths for or more essential mineral rights described in any governmental or other entity. section 3114(a) of the National Defense Au- (2) FIRE CONTROL OR RESCUE EQUIPMENT.— such fiscal year for the Armed Forces, thorization Act for Fiscal Year 2006 over The term ‘‘fire control or fire rescue equip- and for other purposes; which was or- which the Secretary shall retain jurisdiction ment’’ includes any— dered to lie on the table; as follows: of the surface estate until the essential min- (A) fire, rescue, or emergency medical On page 66, after line 22, insert the fol- eral rights— services vehicle; lowing: ‘‘(i) are purchased under subsection (b) of (B) fire fighting, rescue, or emergency SEC. 330. SENSE OF THE SENATE REGARDING that Act; or medical services tool; DEPOT MAINTENANCE. ‘‘(ii) are mined and reclaimed by the min- (C) fire appliance; (a) FINDINGS.—The Senate finds that— eral rights holders in accordance with re- (D) communications equipment; (1) the Depot Maintenance Strategy and quirements established by the State of Colo- (E) protective gear; Master Plan of the Air Force reflects the es- rado; and (F) fire hose; or sential requirements for the Air Force to ‘‘(C) the land depicted on the map de- (G) breathing apparatus. maintain a ready and controlled source of or- scribed in paragraph (1) on which essential (3) STATE.—The term ‘‘State’’ includes the ganic technical competence, thereby ensur- mineral rights are being actively mined as of several States, the District of Columbia, the ing an effective and timely response to na- the date of enactment of the National De- Commonwealth of Puerto Rico, the Com- tional defense contingencies and emergency fense Authorization Act for Fiscal Year 2006 monwealth of the Northern Mariana Islands, requirements; until— American Samoa, Guam, the Virgin Islands, (2) since the publication of the Depot Main- ‘‘(i) the essential mineral rights are pur- any other territory or possession of the tenance Strategy and Master Plan of the Air chased; or United States, and any political subdivision Force in 2002, the service has made great ‘‘(ii) the surface estate is reclaimed by the of any such State, territory, or possession. progress toward modernizing all 3 of its De- mineral rights holder in accordance with re- (4) VOLUNTEER FIRE COMPANY.—The term pots, in order to maintain their status as quirements established by the State of Colo- ‘‘volunteer fire company’’ means an associa- ‘‘world class’’ maintenance repair and over- rado. tion of individuals who provide fire protec- haul operations; ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— tion and other emergency services, where at (3) One of the indispensable components of Notwithstanding paragraph (1), upon the least 30 percent of the individuals receive lit- the Depot Maintenance Strategy and Master purchase of the mineral rights or reclama- tle or no compensation compared with an Plan of the Air Force is the commitment of tion of the land depicted on the map de- entry level full-time paid individual in that the Air Force to allocate $150,000,000 a year scribed in paragraph (1), the Secretary association or in the nearest such associa- over 6 years, beginning in fiscal year 2004, for shall— tion with an entry level full-time paid indi- recapitalization and investment, including ‘‘(A) transfer the land to the Secretary of vidual. the procurement of technologically advanced the Interior for inclusion in the refuge; and (e) EFFECTIVE DATE.—This section applies facilities and equipment, of our Nation’s 3 ‘‘(B) the Secretary of the Interior shall— only to liability for injury, damage, loss, or Air Force depots; and ‘‘(i) accept the transfer of the land; and death caused by equipment that, for pur- (4) the funds expended to date have ensured ‘‘(ii) manage the land as part of the ref- poses of subsection (a), is donated on or after that transformation projects, such as the uge.’’. the date that is 30 days after the date of the initial implementation of ‘‘Lean’’ and ‘‘Six (c) FUNDING.—Of the amounts authorized enactment of this Act. Sigma’’ production techniques, have to be appropriated to the Secretary for the achieved great success in reducing the time Rocky Flats Environmental Technology Site SA 1508. Mr. SANTORUM submitted necessary to perform depot maintenance on for fiscal year 2006, $10,000,000 shall be made an amendment intended to be proposed aircraft. available to the Secretary for the purposes by him to the bill S. 1042, to authorize (b) SENSE OF THE SENATE.—It is the sense described in subsection (b). of the Senate that— appropriations for fiscal year 2006 for (1) the Air Force should be commended for military activities of the Department SA 1507. Mr. SANTORUM submitted the implementation of its Depot Mainte- of Defense, for military construction, an amendment intended to be proposed nance Strategy and Master Plan and, in par- and for defense activities of the De- by him to the bill S. 1042, to authorize ticular, meeting its commitment to invest partment of Energy, to prescribe per- $150,000,000 a year over 6 years, since fiscal appropriations for fiscal year 2006 for sonnel strengths for such fiscal year year 2004, in the Nation’s 3 Air Force Depots; military activities of the Department for the Armed Forces, and for other and of Defense, for military construction, purposes; which was ordered to lie on (2) the Air Force should continue to fully and for defense activities of the De- fund its commitment of $150,000,000 a year the table; as follows: partment of Energy, to prescribe per- through fiscal year 2009 in investments and sonnel strengths for such fiscal year On page 379, after line 22, add the fol- recapitalization projects pursuant to the lowing: for the Armed Forces, and for other Depot Maintenance Strategy and Master SEC. 3302. AUTHORIZATION FOR DISPOSAL OF Plan. purposes; which was ordered to lie on TUNGSTEN ORES AND CON- the table; as follows: CENTRATES. SA 1510. Mr. HATCH (for himself and On page 286, between lines 7 and 8, insert (a) DISPOSAL AUTHORIZED.—The Director of Mr. CHAMBLISS) submitted an amend- the following: the Defense Logistics Agency is authorized ment intended to be proposed by him SEC. 1073. LIABILITY PROTECTION FOR DONAT- to dispose of 20,000,000 pounds of tungsten to the bill S. 1042, to authorize appro- ING FIRE EQUIPMENT TO VOLUN- ores and concentrates from the National De- TEER FIRE COMPANIES. fense Stockpile in fiscal year 2006. priations for fiscal year 2006 for mili- (a) LIABILITY PROTECTION.—A person who (b) CERTAIN SALES AUTHORIZED.—The tung- tary activities of the Department of donates fire control or fire rescue equipment sten ores and concentrates disposed under Defense, for military construction, and to a volunteer fire company shall not be lia- subsection (a) may be sold to entities with for defense activities of the Depart- ble for civil damages under any State or Fed- ore conversion or tungsten carbide manufac- ment of Energy, to prescribe personnel

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.096 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8861 strengths for such fiscal year for the and for defense activities of the De- for the Armed Forces, and for other Armed Forces, and for other purposes; partment of Energy, to prescribe per- purposes; which was ordered to lie on which was ordered to lie on the table; sonnel strengths for such fiscal year the table; as follows: as follows: for the Armed Forces, and for other On page 371, between lines 8 and 9, insert At the end of subtitle D of title I, add the purposes; which was ordered to lie on the following: following: the table; as follows: SEC. 2887. SENSE OF THE SENATE CONCURRING SEC. 138. SENSE OF SENATE ON F/A–22 RAPTOR On page 237, after line 17, add the fol- WITH THE BASE CLOSURE AND RE- AIRCRAFT. ALIGNMENT COMMISSION LEGAL lowing: OPINION ON EXISTENCE OF LEGAL INDINGS (a) F .—The Senate makes the fol- SEC. 846. PROHIBITION ON PROCUREMENTS IMPEDIMENTS TO CLOSURE OR RE- lowing findings: FROM COMMUNIST CHINESE MILI- ALIGNMENT OF AIR NATIONAL (1) It is widely held that integrated air de- TARY COMPANIES. GUARD ASSETS. fense systems, composed of next generation (a) IN GENERAL.—Chapter 141 of title 10, It is the sense of the Senate that the Sen- surface-to-air missiles and fifth generation United States Code, is amended by adding at ate concurs with the conclusion that legal fighters, will be the primary threat to the end the following new section: impediments exist to the closure or realign- United States dominance of the skies and ‘‘§ 2410p. Prohibition on procurements of ment of Air National Guard assets, as stated the ability of the Nation to access strategi- goods and services from Communist Chi- in the memorandum entitled ‘‘Discussion of cally important regions during future con- nese military companies. Legal and Policy Considerations Related to flicts. Certain Base Closure and Realignment Rec- ‘‘(a) PROHIBITION.—The Secretary of De- (2) Many of the current tactical aircraft of ommendations’’ issued on July 14, 2005, by fense may not procure goods or services, the United States first flew more than 30 the Office of General Counsel of the Base through a contract or any subcontract (at years ago and several nations have deployed Closure and Realignment Commission. integrated air defense systems designed to any tier) under a contract, from any Com- counter these aircraft. These aircraft include munist Chinese military company. SA 1514. Mrs. FEINSTEIN submitted ‘‘(b) DEFINITION.—In this section, the term the F–15 Eagle, F–16 Fighting Falcon, and F/ ‘‘Communist Chinese military company’’ has an amendment intended to be proposed A–18 Hornet, none of which are stealth air- the meaning given that term in section by her to the bill S. 1042, to authorize craft. 1237(b)(4) of the Strom Thurmond National appropriations for fiscal year 2006 for (3) the F/A–22 Raptor aircraft is a highly- Defense Authorization Act for Fiscal Year military activities of the Department capable stealth aircraft designed to neu- 1999 (Public Law 105–261; 50 U.S.C. 1701 tralize both surface-to-air missiles and fifth of Defense, for military construction, note).’’. generation fighters. and for defense activities of the De- (b) CLERICAL AMENDMENT.—The table of (4) The F/A–22 Raptor aircraft is a truly partment of Energy, to prescribe per- sections at the beginning of such chapter is transformational aircraft incorporating— sonnel strengths for such fiscal year amended by inserting after the item relating (A) super-cruise engines that allow for ex- to section 2410o the following new item: for the Armed Forces, and for other tended supersonic flight (a magnitude longer purposes; which was ordered to lie on ‘‘2410p. Prohibition on procurements of goods than its after-burner predecessors); the table; as follows: (B) unmatched stealth capabilities; and and services from Communist On page 357, strike line 20, and insert the (C) a radar and avionics system that will Chinese military companies.’’. following: permit the identification of ground targets and engage enemy aircraft at great ranges. SA 1512. Mr. SARBANES submitted PART II—NAVY CONVEYANCES (5) The F–35 Joint Strike Fighter is being an amendment intended to be proposed SEC. 2851. LAND CONVEYANCE, MARINE CORPS designed as a compliment to the F/A–22 by him to the bill S. 1042, to authorize AIR STATION, MIRAMAR, SAN DIEGO, Raptor aircraft, but the F–35 Joint Strike appropriations for fiscal year 2006 for CALIFORNIA. Fighter will not be as stealthy the F/A–22 military activities of the Department (a) CONVEYANCE AUTHORIZED.—Subject to Raptor aircraft, nor will it be able, due to de- subsection (c), the Secretary of the Navy of Defense, for military construction, may convey to the County of San Diego, sign constraints, to utilize super-cruise en- and for defense activities of the De- gines. California (in this section referred to as the (6) The F/A–22 Raptor aircraft is the most partment of Energy, to prescribe per- ‘‘County’’), all right, title, and interest of maneuverable fighter flying today, a matter sonnel strengths for such fiscal year the United States in and to a parcel of real of particular importance when encountering for the Armed Forces, and for other property, including any improvements there- newer Russian-made aircraft that have been purposes; which was ordered to lie on on and appurtenant easements thereto, con- sold widely throughout the world and boast a the table; as follows: sisting of approximately 230 acres located on highly impressive maneuver capability. the eastern boundary of Marine Corps Air On page 286, between lines 7 and 8, insert Station, Miramar, California, for the purpose (7) The F/A–22 Raptor aircraft is a capable the following: bomber, with a large weapons bay having the of removing the property from the bound- SEC. 1073. RETENTION OF REIMBURSEMENT FOR capacity to carry two 1,000 pound Global Po- aries of the installation and permitting the PROVISION OF RECIPROCAL FIRE County to preserve the entire property sitioning System-guided Joint Direct Attack PROTECTION SERVICES. known as the Stowe Trail as a public passive Munitions or several Small Diameter Bombs. Section 5 of the Act of May 27, 1955 (69 park/recreational area. (8) The National Defense Strategy calls for Stat. 67; 42 U.S.C. 1856d) is amended— (b) CONSIDERATION.— a force structure that— (1) by inserting ‘‘(a)’’ after ‘‘ 5.’’; and SEC. (1) IN GENERAL.—As consideration for the (A) defends the homeland; (2) by adding at the end the following new (B) is capable of forward deterrence in four conveyance under subsection (a), the County subsection: shall provide the United States consider- regions; ‘‘(b) Notwithstanding subsection (a), all (C) can swiftly defeat adversaries in two ation with a total value that is not less than sums received by any Department of Defense the fair market value of the conveyed real overlapping conflicts; and activity for fire protection rendered pursu- (D) can decisively defeat an enemy in one property, as determined by the Secretary. ant to this Act shall be credited to the ap- The consideration provided by the County of those conflicts. propriation, fund, or account from which the (9) The Air Force has repeatedly warned shall be in a form and quantity that is ac- expenses were paid. Amounts so credited ceptable to the Secretary. that, in order to meet the requirements of shall be merged with the funds in such ap- the National Defense Strategy, the service (2) RELATION TO OTHER LAWS.—The require- propriation, fund, or account, and shall be ments under sections 2662 and 2802 of title 10, requires far more than the 180 F/A–22 Raptor available for the same purposes, and subject aircraft currently planned for procurement United States Code, shall not apply with re- to the same limitations, as the funds with spect to any new facilities the construction by the Department of Defense. which the credited amounts are merged.’’. (b) SENSE OF SENATE.—It is the sense of the of which is accepted as in-kind consideration Senate that the Secretary of Defense should under this subsection. SA 1513. Mr. BYRD (for himself, Mr. (c) REVERSIONARY INTEREST.— review the decision articulated in Program BIDEN, Mr. ROCKEFELLER, Mr. Budget Decision 753 to ensure that sufficient (1) IN GENERAL.—If the Secretary deter- LIEBERMAN, Mrs. CLINTON, Mr. OBAMA, numbers of F/A–22 Raptor aircraft are pro- mines at any time that the real property cured in order meet applicable requirements and Mr. SCHUMER) submitted an conveyed under subsection (a) is not being in the National Defense Strategy. amendment intended to be proposed by used in accordance with the purpose of the him to the bill S. 1042, to authorize ap- conveyance specified in such subsection, all SA 1511. Mr. BROWNBACK submitted propriations for fiscal year 2006 for right, title, and interest in and to the prop- an amendment intended to be proposed military activities of the Department erty, including any improvements thereon, shall revert, at the option of the Secretary, by him to the bill S. 1042, to authorize of Defense, for military construction, to the United States, and the United States appropriations for fiscal year 2006 for and for defense activities of the De- shall have the right of immediate entry onto military activities of the Department partment of Energy, to prescribe per- the property. Any determination of the Sec- of Defense, for military construction, sonnel strengths for such fiscal year retary under this subsection shall be made

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.097 S25JYPT1 S8862 CONGRESSIONAL RECORD — SENATE July 25, 2005 on the record after an opportunity for a (2) $20,000,000 for family assistance centers SEC. 653. ENFORCEMENT AND LIABILITY FOR hearing. that primarily serve members of the Armed NONCOMPLIANCE WITH (2) RELEASE OF REVERSIONARY INTEREST.— Forces and their families. SERVICEMEMBERS CIVIL RELIEF The Secretary shall release, without consid- ACT. (a) ENFORCEMENT.— eration, the reversionary interest retained SA 1516. Mr. HATCH (for himself, Mr. (1) IN GENERAL.—The Servicemembers Civil by the United States under paragraph (1) if— Relief Act (50 U.S.C. App. 501 et seq.) is (A) Marine Corps Air Station, Miramar, is INHOFE, Mr. BENNETT, and Mr. amended by adding at the end the following no longer being used for Department of De- CHAMBLISS) proposed an Amendment to new title: fense activities; or the bill S. 1042, to authorize appropria- (B) the Secretary determines that the re- tions for fiscal year 2006 for military ‘‘TITLE VIII—ENFORCEMENT versionary interest is otherwise unnecessary activities of the Departmet of Defense, ‘‘SEC. 801. ADMINISTRATIVE ENFORCEMENT. to protect the interests of the United States. for military construction, and for de- ‘‘(a) ENFORCEMENT BY FEDERAL TRADE COM- (d) PAYMENT OF COSTS OF CONVEYANCE.— fense activities of the Department of MISSION.—(1) Except as provided in subsection (b), compliance with the require- (1) PAYMENT REQUIRED.—The Secretary Energy, to prescribe personnel shall require the County to cover costs to be ments imposed by this Act shall be enforced incurred by the Secretary, or to reimburse strengths for such fiscal year for the by the Federal Trade Commission in accord- the Secretary for costs incurred by the Sec- Armed Forces, and for other purposes; ance with the Federal Trade Commission Act retary, to carry out the conveyance under as follows: with respect to entities and persons subject subsection (a) and implement the receipt of On page 66, after line 22, insert the fol- to the Federal Trade Commission Act. ‘‘(2) For the purpose of the exercise by the any in-kind consideration under subsection lowing: (b), including appraisal costs, survey costs, Commission under this subsection of its costs related to environmental documenta- SEC. 330. SENSE OF THE SENATE REGARDING functions and powers under the Federal tion, and other administrative costs related DEPOT MAINTENANCE. Trade Commission Act, a violation of any re- to the conveyance and receipt of any in-kind (a) FINDINGS.—The Senate finds that— quirement or prohibition imposed by this consideration. If amounts are collected from (1) the Depot Maintenance Strategy and Act shall constitute an unfair or deceptive the County in advance of the Secretary in- Master Plan of the Air Force reflects the es- act or practice in commerce in violation of curring the actual costs, and the amount re- sential requirements for the Air Force to section 5(a) of the Federal Trade Commission ceived exceeds the costs actually incurred by maintain a ready and controlled source of or- Act, and shall be subject to enforcement by the Secretary under this section, the Sec- ganic technical competence, thereby ensur- the Commission with respect to any entity retary shall refund the excess amount to the ing an effective and timely response to na- or person subject to enforcement by the County. tional defense contingencies and emergency Commission pursuant to this subsection, ir- (2) REIMBURSEMENT.—Amounts received as requirements; respective of whether such person or entity reimbursement under paragraph (1) shall be (2) since the publication of the Depot Main- is engaged in commerce or meets any other credited to the fund or account that was used tenance Strategy and Master Plan of the Air jurisdictional tests under the Federal Trade to cover the costs incurred by the Secretary Force in 2002, the service has made great Commission Act. in carrying out the conveyance. Amounts so progress toward modernizing all 3 of its De- ‘‘(3) The Commission shall have such pro- credited shall be merged with amounts in pots, in order to maintain their status as cedural, investigative, and enforcement pow- such fund or account and shall be available ‘‘world class’’ maintenance repair and over- ers, including the power to issue procedural for the same purposes, and subject to the haul operations; rules in enforcing compliance with the re- same conditions and limitations, as amounts (3) one of the indispensable components of quirements imposed by this Act and to re- in such fund or account. the Depot Maintenance Strategy and Master quire the filing of reports, the production of (e) DESCRIPTION OF PROPERTY.—The exact Plan of the Air Force is the commitment of documents, and the appearance of witnesses, acreage and legal description of the real the Air Force to allocate $150,000,000 a year as though the applicable terms and condi- property to be conveyed under subsection (a) over 6 years, beginning in fiscal year 2004, for tions of the Federal Trade Commission Act shall be determined by a survey satisfactory recapitalization and investment, including were part of this Act. to the Secretary. the procurement of technologically advanced ‘‘(4) Any person or entity violating any (f) ADDITIONAL TERMS AND CONDITIONS.— facilities and equipment, of our Nation’s 3 provision of this Act shall be subject to the The Secretary may require such additional Air Force depots; and penalties, and entitled to the privileges and terms and conditions in connection with the (4) the funds expended to date have ensured immunities, provided in the Federal Trade conveyance under subsection (a) as the Sec- that transformation projects, such as the Commission Act as though the applicable retary considers appropriate to protect the initial implementation of ‘‘Lean’’ and ‘‘Six terms and provisions of the Federal Trade interests of the United States. Sigma’’ production techniques, have Commission Act were part of this Act. ‘‘(5)(A) The Commission may commence a PART III—AIR FORCE CONVEYANCES achieved great success in reducing the time necessary to perform depot maintenance on civil action to recover a civil penalty in a aircraft. district court of the United States against any person or entity that has engaged in SA 1515. Mr. DAYTON submitted an (b) SENSE OF THE SENATE.—It is the sense such violation. In such action, such person amendment intended to be proposed by of the Senate that— or entity shall be liable, in addition to any him to the bill S. 1042, to authorize ap- (1) the Air Force should be commended for amounts otherwise recoverable, for a civil the implementation of its Depot Mainte- propriations for fiscal year 2006 for penalty in the amount of $5,000 to $50,000, as nance Strategy and Master Plan and, in par- military activities of the Department determined appropriate by the court for each ticular, meeting its commitment to invest of Defense, for military construction, violation. and for defense activities of the De- $150,000,000 a year over 6 years, since fiscal ‘‘(B) In determining the amount of a civil year 2004, in the Nation’s 3 Air Force Depots; partment of Energy, to prescribe per- penalty under subparagraph (A), the court and shall take into account the degree of culpa- sonnel strengths for such fiscal year (2) the Air Force should continue to fully for the Armed Forces, and for other bility, any history of prior such conduct, fund its commitment of $150,000,000 a year ability to pay, effect on ability to continue purposes; which was ordered to lie on through fiscal year 2009 in investments and to do business, and such other matters as the table; as follows: recapitalization projects pursuant to the justice may require. At the end of subtitle C of title III, add the Depot Maintenance Strategy and Master ‘‘(b) ENFORCEMENT BY OTHER REGULATORY following: Plan. AGENCIES.—Compliance with the require- SEC. 330. CHILD AND FAMILY ASSISTANCE BENE- ments imposed by this Act with respect to fi- FITS FOR MEMBERS OF THE ARMED SA 1517. Mr. BAYH submitted an nancial institutions shall be enforced FORCES. amendment intended to be proposed by under— (a) ADDITIONAL AMOUNT FOR OPERATION AND him to the bill S. 1042, to authorize ap- ‘‘(1) section 8 of the Federal Deposit Insur- MAINTENANCE, DEFENSE-WIDE.—The amount ance Act, in the case of— authorized to be appropriated by section propriations for fiscal year 2006 for ‘‘(A) national banks, and Federal branches 301(5) for operation and maintenance, De- military activities of the Departmet of and Federal agencies of foreign banks, and fense-wide activities, is hereby increased by Defense, for military construction, and any subsidiaries of such (except brokers, $120,000,000. for defense activities of the Depart- dealers, persons providing insurance, invest- (b) AVAILABILITY OF AMOUNT.—Of the ment of Energy, to prescribe personnel ment companies, and investment advisers) amount authorized to be appropriated by strengths for such fiscal year for the by the Office of the Comptroller of the Cur- section 301(5) for operation and maintenance, Armed Forces, and for other purposes; rency; Defense-wide activities, as increased by sub- which was ordered to lie on the table; ‘‘(B) member banks of the Federal Reserve section (a), $120,000,000 may be available as System (other than national banks), follows: as follows: branches and agencies of foreign banks (1) $100,000,000 for childcare services for At the end of subtitle E of title VI, add the (other than Federal branches, Federal agen- families of members of the Armed Forces. following: cies, and insured State branches of foreign

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.097 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8863 banks), commercial lending companies (2) Section 302(b) of that Act (50 U.S.C. ‘‘(B) such amount of punitive damages as owned or controlled by foreign banks, and App. 532(b)) is amended by striking para- the court may allow; organization operating under section 25 or graph (2) and inserting the following new ‘‘(C) such amount of consequential dam- 25A of the Federal Reserve Act, and bank paragraphs: ages as the court may allow; holding companies and their nonbank sub- ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— ‘‘(D) such additional damages as the court sidiaries or affiliates (except brokers, deal- Any person or entity (other than a may allow, in an amount not less than $100 ers, persons providing insurance, investment servicemember or dependent) who fails to or more than $5,000 (as determined appro- companies, and investment advisers) by the comply with any requirement imposed by priate by the court), for each violation; and Board of Governors of the Federal Reserve this section with respect to a servicemember ‘‘(E) in the case of any successful action to System; and or dependent is liable to such servicemember enforce liability under this section, the cost ‘‘(C) banks insured by the Federal Deposit or dependent in an amount equal to the sum of the action together with reasonable attor- Insurance Corporation (other than members of— neys fees as determined by the court. of the Federal Reserve System) and insured ‘‘(A) any actual damages sustained by such ‘‘(3) ATTORNEY FEES.—On a finding by the State branches of foreign banks, and any servicemember or dependent as a result of court that an unsuccessful pleading, motion, subsidiaries of such entities (except brokers, the failure; or other paper filed in connection with an ac- dealers, persons providing insurance, invest- ‘‘(B) such amount of punitive damages as tion under this section was filed in bad faith ment companies, and investment advisers) the court may allow; or for the purposes of harassment, the court by the Board of Directors of the Federal De- ‘‘(C) such amount of consequential dam- shall award to the prevailing party attorney fees in amount that is reasonable in relation posit Insurance Corporation; ages as the court may allow; to the work expended in responding to such ‘‘(2) section 8 of the Federal Deposit Insur- ‘‘(D) such additional damages as the court ance Act, by the Director of the Office of pleading, motion, or other paper.’’. may allow, in an amount not less than $100 Thrift Supervision, in the case of a savings (5) Section 306(e) of that Act (50 U.S.C. or more than $5,000 (as determined appro- association the deposits of which are insured App. 536(e)) is amended by striking para- priate by the court), for each violation; and by the Federal Deposit Insurance Corpora- graph (2) and inserting the following new ‘‘(E) in the case of any successful action to tion and any subsidiaries of such saving as- paragraphs: enforce liability under this section, the cost sociations (except brokers, dealers, persons ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— of the action together with reasonable attor- providing insurance, investment companies, Any person or entity (other than a neys fees as determined by the court. and investment advisers); servicemember or dependent) who fails to ‘‘(3) ATTORNEY FEES.—On a finding by the ‘‘(3) the Federal Credit Union Act, by the comply with any requirement imposed by court that an unsuccessful pleading, motion, Administrator of the National Credit Union this section with respect to a servicemember or other paper filed in connection with an ac- Administration with respect to any federally or dependent is liable to such servicemember tion under this section was filed in bad faith insured credit union, and any subsidiaries of or dependent in an amount equal to the sum or for the purposes of harassment, the court such an entity; of— shall award to the prevailing party attorney ‘‘(4) State insurance law, by the applicable ‘‘(A) any actual damages sustained by such fees in amount that is reasonable in relation State insurance authority of the State in servicemember or dependent as a result of to the work expended in responding to such which a person is domiciled, in the case of a the failure; pleading, motion, or other paper.’’. person providing insurance; and ‘‘(B) such amount of punitive damages as (3) Section 303(d) of that Act (50 U.S.C. ‘‘(5) the Federal Trade Commission Act, by the court may allow; App. 533(d)) is amended by striking para- the Federal Trade Commission for any other ‘‘(C) such amount of consequential dam- graph (2) and inserting the following new financial institution or other person that is ages as the court may allow; paragraphs: not subject to the jurisdiction of any agency ‘‘(D) such additional damages as the court ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— or authority under paragraphs (1) through may allow, in an amount not less than $100 Any person or entity (other than a (4).’’. or more than $5,000 (as determined appro- servicemember or dependent) who fails to (2) CLERICAL AMENDMENT.—The table of priate by the court), for each violation; and comply with any requirement imposed by contents in the first section of that Act is ‘‘(E) in the case of any successful action to this section with respect to a servicemember amended by adding at the end the following enforce liability under this section, the cost or dependent is liable to such servicemember new items: of the action together with reasonable attor- or dependent in an amount equal to the sum neys fees as determined by the court. ‘‘TITLE VIII—ENFORCEMENT of— ‘‘(3) ATTORNEY FEES.—On a finding by the ‘‘Sec. 801. Administrative enforce- ‘‘(A) any actual damages sustained by such court that an unsuccessful pleading, motion, ment.’’. servicemember or dependent as a result of or other paper filed in connection with an ac- (b) LIABILITY FOR NONCOMPLIANCE.— the failure; tion under this section was filed in bad faith (1) Section 301(c) of the Servicemembers ‘‘(B) such amount of punitive damages as or for the purposes of harassment, the court Civil Relief Act (50 U.S.C. App. 531(c)) is the court may allow; shall award to the prevailing party attorney amended by striking paragraph (2) and in- ‘‘(C) such amount of consequential dam- fees in amount that is reasonable in relation serting the following new paragraphs: ages as the court may allow; to the work expended in responding to such ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— ‘‘(D) such additional damages as the court pleading, motion, or other paper.’’. Any person or entity (other than a may allow, in an amount not less than $100 (6) Section 307(c) of that Act (50 U.S.C. servicemember or dependent) who fails to or more than $5,000 (as determined appro- App. 537(c)) is amended by striking para- comply with any requirement imposed by priate by the court), for each violation; and graph (2) and inserting the following new this section with respect to a servicemember ‘‘(E) in the case of any successful action to paragraphs: or dependent is liable to such servicemember enforce liability under this section, the cost ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— or dependent in an amount equal to the sum of the action together with reasonable attor- Any person or entity (other than a of— neys fees as determined by the court. servicemember or dependent) who fails to ‘‘(A) any actual damages sustained by such ‘‘(3) ATTORNEY FEES.—On a finding by the comply with any requirement imposed by servicemember or dependent as a result of court that an unsuccessful pleading, motion, this section with respect to a servicemember the failure; or other paper filed in connection with an ac- or dependent is liable to such servicemember ‘‘(B) such amount of punitive damages as tion under this section was filed in bad faith or dependent in an amount equal to the sum the court may allow; or for the purposes of harassment, the court of— ‘‘(C) such amount of consequential dam- shall award to the prevailing party attorney ‘‘(A) any actual damages sustained by such ages as the court may allow; fees in amount that is reasonable in relation servicemember or dependent as a result of ‘‘(D) such additional damages as the court to the work expended in responding to such the failure; may allow, in an amount not less than $100 pleading, motion, or other paper.’’. ‘‘(B) such amount of punitive damages as or more than $5,000 (as determined appro- (4) Section 305(h) of that Act (50 U.S.C. the court may allow; priate by the court), for each violation; and App. 535(h)) is amended by striking para- ‘‘(C) such amount of consequential dam- ‘‘(E) in the case of any successful action to graph (2) and inserting the following new ages as the court may allow; enforce liability under this section, the cost paragraphs: ‘‘(D) such additional damages as the court of the action together with reasonable attor- ‘‘(2) CIVIL LIABILITY FOR NONCOMPLIANCE.— may allow, in an amount not less than $100 neys fees as determined by the court. Any person or entity (other than a or more than $5,000 (as determined appro- ‘‘(3) ATTORNEY FEES.—On a finding by the servicemember or dependent) who fails to priate by the court), for each violation; and court that an unsuccessful pleading, motion, comply with any requirement imposed by ‘‘(E) in the case of any successful action to or other paper filed in connection with an ac- this section with respect to a servicemember enforce liability under this section, the cost tion under this section was filed in bad faith or dependent is liable to such servicemember of the action together with reasonable attor- or for the purposes of harassment, the court or dependent in an amount equal to the sum neys fees as determined by the court. shall award to the prevailing party attorney of— ‘‘(3) ATTORNEY FEES.—On a finding by the fees in amount that is reasonable in relation ‘‘(A) any actual damages sustained by such court that an unsuccessful pleading, motion, to the work expended in responding to such servicemember or dependent as a result of or other paper filed in connection with an ac- pleading, motion, or other paper.’’. the failure; tion under this section was filed in bad faith

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or for the purposes of harassment, the court (1) MEMBERS.—The task force shall consist (A) The awareness of the prevalence of shall award to the prevailing party attorney of not more than 14 members appointed by mental health conditions among members of fees in amount that is reasonable in relation the Secretary of Defense from among indi- the Armed Forces. to the work expended in responding to such viduals described in paragraph (2) who have (B) The efficacy of existing programs to pleading, motion, or other paper.’’. demonstrated expertise in the area of mental prevent, identify, and treat mental health health. conditions among members of the Armed SA 1518. Mr. BAYH submitted an (2) RANGE OF MEMBERS.—The individuals Forces, including programs for and with re- amendment intended to be proposed by appointed to the task force shall include— spect to forward-deployed troops. him to the bill S. 1042, to authorize ap- (A) at least one member of each of the (C) The reduction or elimination of bar- propriations for fiscal year 2006 for Army, Navy, Air Force, and Marine Corps; riers to care, including the stigma associated military activities of the Departmet of and with seeking help for mental health related (B) a number of persons from outside the conditions, and the enhancement of con- Defense, for military construction, and Department of Defense equal to the total fidentiality for members of the Armed for defense activities of the Depart- number of personnel from within the Depart- Forces seeking care for such conditions. ment of Energy, to prescribe personnel ment of Defense (whether members of the (D) The adequacy of outreach, education, strengths for such fiscal year for the Armed Forces or civilian personnel) who are and support programs on mental health mat- Armed Forces, and for other purposes; appointed to the task force. ters for families of members of the Armed which was ordered to lie on the table; (3) INDIVIDUALS APPOINTED WITHIN DEPART- Forces. as follows: MENT OF DEFENSE.—At least one of the indi- (E) The efficacy of programs and mecha- viduals appointed to the task force from nisms for ensuring a seamless transition At the end of subtitle E of title VI, add the within the Department of Defense shall be from care of members of the Armed Forces following: the surgeon general of an Armed Force or a on active duty for mental health conditions SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE designee of such surgeon general. through the Department of Defense to care HOUSING AND URBAN DEVELOP- (4) INDIVIDUALS APPOINTED OUTSIDE DEPART- for such conditions through the Department MENT ACT OF 1968. MENT OF DEFENSE.—(A) Individuals appointed of Veterans Affairs after such members are (a) IN GENERAL.—Section 106(c)(5)(A)(ii) of to the task force from outside the Depart- discharged or released from military, naval, the Housing and Urban Development Act of ment of Defense may include officers or em- or air service. 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) is amended— ployees of other departments or agencies of (F) The availability of long-term follow-up (1) in subclause (II), by striking ‘‘; and’’ the Federal Government, officers or employ- and access to care for mental health condi- and inserting a semicolon; ees of State and governments, or individuals tions for members of the Individual Ready (2) in subclause (III), by striking the period from the private sector. Reserve, and the Selective Reserve and for and inserting ‘‘; and’’; and (B) The individuals appointed to the task discharged, separated, or retired members of (3) by adding at the end the following: force from outside the Department of De- the Armed Forces. ‘‘(IV) notify the homeowner by a state- fense shall include— (G) Collaboration among organizations in ment or notice, written in plain English by (i) an officer or employee of the Depart- the Department of Defense with responsi- the Secretary of Housing and Urban Develop- ment of Veterans Affairs appointed by the bility for or jurisdiction over the provision ment, in consultation with the Secretary of Secretary of Defense in consultation with of mental health services. Defense and the Secretary of the Treasury, the Secretary of Veterans Affairs; (H) Coordination between the Department explaining the mortgage and foreclosure (ii) an officer or employee of the Substance of Defense and civilian communities, includ- rights of servicemembers, and the depend- Abuse and Mental Health Services Adminis- ing local support organizations, with respect ents of such servicemembers, under the tration of the Department of Health and to mental health services. Servicemembers Civil Relief Act (50 U.S.C. Human Services appointed by the Secretary (I) The scope and efficacy of curricula and App. 501 et seq.), including the toll-free mili- of Defense in consultation with the Sec- training on mental health matters for com- tary one source number to call if retary of Health and Human Services; and manders in the Armed Forces. servicemembers, or the dependents of such (iii) at least two individuals who are rep- (J) Such other matters as the task force servicemembers, require further assist- resentatives of— considers appropriate. ance.’’. (I) a mental health policy and advocacy or- (d) ADMINISTRATIVE MATTERS.— (b) NO EFFECT ON OTHER LAWS.—Nothing in ganization; and this section shall relieve any person of any (1) COMPENSATION.—Each member of the (II) a national veterans service organiza- obligation imposed by any other Federal, task force who is a member of the Armed tion. State, or local law. Forces or a civilian officer or employee of (5) DEADLINE FOR APPOINTMENT.—All ap- the United States shall serve without com- (c) DISCLOSURE FORM.—Not later than 150 pointments of individuals to the task force days after the date of enactment of this Act, pensation (other than compensation to shall be made not later than 120 days after the Secretary of Housing and Urban Develop- which entitled as a member of the Armed the date of the enactment of this Act. ment shall issue a final disclosure form to Forces or an officer or employee of the (6) CO-CHAIRS OF TASK FORCE.—There shall fulfill the requirement of section United States, as the case may be). Other be two co-chairs of the task force. One of the 106(c)(5)(A)(ii)(IV) of the Housing and Urban members of the task force shall be treated co-chairs shall be designated by the Sec- Development Act of 1968 (12 U.S.C. for purposes of section 3161 of title 5, United retary of the Defense at the time of appoint- 1701x(c)(5)(A)(ii)). States Code, as having been appointed under ment from among the Department of Defense subsection (b) of such section. (d) EFFECTIVE DATE.—The amendments personnel appointed to the task force. The made under subsection (a) shall take effect (2) OVERSIGHT.—The Under Secretary of other co-chair shall be selected from among 150 days after the date of enactment of this Defense for Personnel and Readiness shall the members appointed from outside the De- Act. oversee the activities of the task force. partment of Defense by members so ap- (3) ADMINISTRATIVE SUPPORT.—The Wash- pointed. SA 1519. Mrs. BOXER submitted an ington Headquarters Services of the Depart- ment of Defense shall provide the task force amendment intended to be proposed by (c) LONG-TERM PLAN ON MENTAL HEALTH SERVICES.— with personnel, facilities, and other adminis- her to the bill S. 1042, to authorize ap- (1) IN GENERAL.—Not later than 12 months trative support as necessary for the perform- propriations for fiscal year 2006 for after the date on which all members of the ance of the duties of the task force. military activities of the Departmet of task force have been appointed, the task (4) ACCESS TO FACILITIES.—The Under Sec- Defense, for military construction, and force shall submit to the Secretary a long- retary of Defense for Personnel and Readi- for defense activities of the Depart- term plan (referred to as a strategic plan) on ness shall, in coordination with the Secre- ment of Energy, to prescribe personnel means by which the Department of Defense taries of the military departments, ensure strengths for such fiscal year for the shall improve the efficacy of mental health appropriate access by the task force to military installations and facilities for purposes Armed Forces, and for other purposes; services provided to members of the Armed Forces by the Department of Defense. of the discharge of the duties of the task which was ordered to lie on the table; (2) UTILIZATION OF OTHER EFFORTS.—In pre- force. as follows: paring the report, the task force shall take (e) REPORT.— At the appropriate place, insert the fol- into consideration completed and ongoing ef- (1) IN GENERAL.—The task force shall sub- lowing: forts by the Department of Defense to im- mit to the Secretary of Defense a report on SEC. ll. DEPARTMENT OF DEFENSE TASK prove the efficacy of mental health care pro- its activities under this section. The report FORCE ON MENTAL HEALTH. vided to members of the Armed Forces by shall include— (a) REQUIREMENT TO ESTABLISH.—The Sec- the Department. (A) a description of the activities of the retary of Defense shall establish within the (3) ELEMENTS.—The long-term plan shall task force; Department of Defense a task force to exam- include an assessment of and recommenda- (B) the plan required by subsection (c); and ine matters relating to mental health and tions (including recommendations for legis- (C) such other mattes relating to the ac- the Armed Forces. lative or administrative action) for measures tivities of the task force that the task force (b) COMPOSITION.— to improve the following: considers appropriate.

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(2) TRANSMITTAL TO CONGRESS.—Not later nois Basin Coal of alternative transportation tion and results of the program required by than 90 days after receipt of the report under fuels having applications for the Department this section to— paragraph (1), the Secretary shall transmit of Defense (1) the Committees on Armed Services, En- the report to the Committees on Armed (2) LOCATION OF FACILITIES.—(A) The facili- ergy and Natural Resources, Agriculture, Services and Veterans’ Affairs of the Senate ties constructed under paragraph (1)(B) for and Appropriations of the Senate; and and the House of Representatives. The Sec- the purposes of cellulosic biomass shall— (2) the Committees on Armed Services, En- retary may include in the transmittal such (i) afford the efficient use of a diverse ergy and Commerce, Agriculture, and Appro- comments on the report as the Secretary range of fuel sources; and priations of the House of Representatives. considers appropriate. (ii) give initial preference to existing do- (g) FUNDING.— (f) TERMINATION.—The task force shall ter- mestic facilities with current or potential (1) IN GENERAL.—Of the amounts author- minate 90 days after the date on which the capacity for cellulose conversion. ized to be appropriated under this Act, report of the task force is submitted to Con- (B) The facilities constructed under para- $75,000,000 may be available for the program gress under subsection (e)(2). graph (1)(B) for the purposes of Illinois Basin required by this section, of which $15,000,000 Coal shall be located within the Illinois may be available in each of fiscal years 2006 SA 1520. Mr. OBAMA submitted an Basin Coal region. through 2010 for the program. amendment intended to be proposed by (3) CAPACITY OF FACILITIES.—Each facility (2) AVAILABILITY.—Amounts available him to the bill S. 1042, to authorize ap- constructed under paragraph (1) shall have under paragraph (1) shall remain available propriations for fiscal year 2006 for the flexibility for producing commercial vol- until expended. military activities of the Department umes of alternative transportation fuels such that when the facility demonstrates SA 1521. Mr. COLEMAN (for himself of Defense, for military construction, economic viability of the process it can pro- and Mr. LEVIN) submitted an amend- and for defense activities of the De- vide commercial production for the region in ment intended to be proposed by him partment of Energy, to prescribe per- which it is located. to the bill S. 1042, to authorize appro- sonnel strengths for such fiscal year (4) AUTHORITY TO ENTER INTO TRANSACTIONS priations for fiscal year 2006 for mili- for the Armed Forces, and for other FOR FACILITY CONSTRUCTION.—The Secretary tary activities of the Department of purposes; which was ordered to lie on of Defense shall seek to construct the facili- Defense, for military construction, and the table; as follows: ties required by paragraph (1)(B) at the lowest cost practicable. The Secretary may for defense activities of the Depart- At the end of subtitle C of title III, add the make grants, enter into agreements, and ment of Energy, to prescribe personnel following: provide loans or loan guarantees to corpora- strengths for such fiscal year for the SEC. 330. ASSESSMENT OF PRODUCTION OF AL- tions, farm cooperatives, associates of farm- Armed Forces, and for other purposes; TERNATIVE TRANSPORTATION ers, and consortia of such entities for such FUELS FOR THE DEPARTMENT OF which was ordered to lie on the table; DEFENSE. purposes. as follows: (a) PROGRAM REQUIRED.—The Secretary of (5) EVALUATIONS AT FACILITIES.— (A) IN GENERAL.—Not later than 5 years On page 226, after line 23, add the fol- Defense shall carry out a program to evalu- lowing: ate the commercial and technical viability after the date of the enactment of this Act, of advanced technologies for the production the Secretary of Defense shall begin at the SEC. 824. CENTRAL CONTRACTOR REGISTRY DATABASE. of alternative transportation fuels having facilities described in paragraph (1)(B) eval- (a) AUTHORITY.—Chapter 137 of title 10, applications for the Department of Defense. uations of the technical and commercial via- United States Code, is amended by inserting The program shall include the construction bility of different processes of producing al- after section 2302d the following new section: and operation of testing facilities in accord- ternative transportation fuels having De- ance with subsection (d). partment of Defense applications from cel- ‘‘§ 2302e. Central contractor registry (b) ALTERNATIVE TRANSPORTATION FUELS.— lulosic biomass or Illinois Basin Coal. ‘‘(a) ESTABLISHMENT.—The Secretary of De- For purposes of this section, alternative (B) EVALUATIONS AT NATIONAL CORN-TO-ETH- fense shall maintain a centralized, electronic transportation fuels are ethanol and Fischer ANOL RESEARCH CENTER.—Not later than one database for the registration of sources of Tropsch fuels that are produced domestically year after the date of the enactment of this property and services who seek to partici- from cellulosic biomass feedstocks or Illinois Act, the Secretary of Defense shall begin at pate in contracts and other procurements en- Basin Coal. the National Corn-to-Ethanol Research Cen- tered into by the various procurement offi- (c) COORDINATION OF EFFORTS.— ter evaluations of the technical and commer- cials of the United States. The database (1) IN GENERAL.—The Secretary of Defense cial viability of different processes of corn shall be known as the ‘Central Contractor shall carry out the program required by this kernel cellulosics for producing ethanol. Registry’. section through the Under Secretary of De- (e) PROGRAM MILESTONES.—In carrying out ‘‘(b) TAXPAYER INFORMATION.—(1) The Cen- fense for Acquisition, Technology, and Logis- the program required by this section, the tral Contractor Registry shall include the tics and in consultation with the Director of Secretary of Defense shall meet the fol- following tax-related information for each Defense Research and Engineering, the Ad- lowing milestones: source registered in that registry: vanced Systems and Concepts Office, the (1) SELECTION OF TESTING PROCESSES.—Not ‘‘(A) Each of that source’s taxpayer identi- Secretary of Agriculture, and the Secretary later than 180 days after the date of the en- fication numbers. of Energy. actment of this Act, the Secretary shall se- ‘‘(B) The source’s authorization for the (2) ROLE OF BIOMASS RESEARCH AND DEVEL- lect processes for evaluating the technical Secretary of Defense to obtain from the OPMENT TECHNOLOGIC ADVISORY COMMITTEE.— and commercial viability of producing eth- Commissioner of Internal Revenue— The consultations under paragraph (1) shall anol or Fischer Tropsch fuel from cellulosic ‘‘(i) verification of the validity of each of include the participation of the Biomass Re- biomass or Illinois Basin Coal. that source’s taxpayer identification num- search and Development Technical Advisory (2) INITIATION OF WORK AT EXISTING FACILI- bers; and Committee established under section 306 of TIES.—Not later than one year after the date ‘‘(ii) in the case of any of such source’s reg- the Biomass Research and Development Act of enactment of this Act, the Secretary shall istered taxpayer identification numbers that of 2000 (title III of Public Law 106–224; 7 enter into agreements to carry out testing is determined invalid, the correct taxpayer U.S.C. 8101 note). under this section at existing facilities. identification number (if any). (d) FACILITIES FOR EVALUATING PRODUCTION (3) CONSTRUCTION AGREEMENTS.—Not later ‘‘(2)(A) The Secretary of Defense shall re- OF ALTERNATIVE TRANSPORTATION FUELS.— than one year after the date of the enact- quire each source, as a condition for reg- (1) IN GENERAL.—In carrying out the pro- ment of this Act, the Secretary shall enter istration in the Central Contractor Registry, gram required by this section, the Secretary into agreements for the capital modification to provide the Secretary with the informa- of Defense shall provide for the following: or construction of facilities under subsection tion and authorization described in para- (A) The utilization and capital modifica- (d)(1)(B). graph (1). tion of the National Corn-to-Ethanol Re- (4) COMPLETION OF ENGINEERING AND DESIGN ‘‘(B) The Secretary shall— search Center for the purpose of evaluating WORK.—Not later than three years after the ‘‘(i) warn each source seeking to register in the technical and commercial viability of date of the enactment of this Act, the Sec- the Central Contractor Registry that the corn kernel cellulosics for producing eth- retary shall complete capital modifications source may be subject to backup withholding anol. of existing facilities and the engineering and for a failure to submit each such number to (B) The construction or capital modifica- design work necessary for the construction the Secretary; and tion of— of new facilities under this section. ‘‘(ii) take the actions necessary to initiate (i) not less than four facilities for the pur- (f) REPORT ON PROGRAM.—Not later than 18 the backup withholding in the case of a reg- poses of evaluating the production from cel- months after the date of the enactment of istrant who fails to register each taxpayer lulosic biomass of alternative transportation this Act, and annually thereafter for the identification number valid for the reg- fuels having applications for the Department next 5 years, the Secretary of Defense shall, istrant and is subject to the backup with- of Defense; and in consultation with the Under Secretary of holding requirement. (ii) not less than four facilities for the pur- Defense for Acquisition, Technology, and Lo- ‘‘(3) A source registered in the Central Con- poses of evaluating the production from Illi- gistics, submit a report on the implementa- tractor Registry is not eligible for a contract

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.098 S25JYPT1 S8866 CONGRESSIONAL RECORD — SENATE July 25, 2005 entered into under this chapter or title III of military activities of the Department ‘‘(C) A clear description of the payment ob- the Federal Property and Administrative of Defense, for military construction, ligations of the servicemember or the Services Act of 1949 (41 U.S.C. 251 et seq.) if and for defense activities of the De- servicemember’s dependent, as applicable. that source— partment of Energy, to prescribe per- ‘‘(2) TERMS.—Such disclosures shall be pre- ‘‘(A) has failed to provide the authoriza- sented in accordance with terms prescribed tion described in paragraph (1)(B); sonnel strengths for such fiscal year by the regulations issued by the Board of ‘‘(B) has failed to register in that registry for the Armed Forces, and for other Governors of the Federal Reserve System to all valid taxpayer identification numbers for purposes; which was ordered to lie on implement the Truth in Lending Act (15 that source; or the table; as follows: U.S.C. 1601 et seq.). ‘‘(C) has registered in that registry an in- At the end of subtitle D of title VIII, add ‘‘(d) LIMITATION.—A creditor described in valid taxpayer identification number and the following: subsection (a) shall not automatically renew, fails to correct that registration. SEC. 834. TRAINING FOR DEFENSE ACQUISITION repay, refinance, or consolidate with the pro- ‘‘(4)(A) The Secretary of Defense shall WORKFORCE ON THE REQUIRE- ceeds of other credit extended by the same make arrangements with the Commissioner MENTS OF THE BERRY AMENDMENT. creditor any consumer credit extended to a of Internal Revenue for each head of an agen- (a) TRAINING DURING FISCAL YEAR 2006.— servicemember or a servicemember’s depend- cy within the Department of Defense to par- The Secretary of Defense shall ensure that ent without— ticipate in the taxpayer identification num- each member of the defense acquisition ‘‘(1) executing new loan documentation ber matching program of the Internal Rev- workforce (including personnel engaged in signed by the servicemember or the enue Service. end-item inspections) receives training dur- servicemember’s dependent, as applicable; ‘‘(B) The Commissioner of Internal Rev- ing fiscal year 2006 on the requirements of and enue shall cooperate with the Secretary of section 2533a of title 10, United States Code ‘‘(2) providing the loan disclosures de- Defense to determine the validity of tax- (commonly referred to as the ‘‘Berry Amend- scribed in subsection (c) to the payer identification numbers registered in ment’’), and the regulations implementing servicemember or the servicemember’s de- the Central Contractor Registry. As part of that section. pendent. the cooperation, the Commissioner shall (b) INCLUSION OF INFORMATION IN NEW ‘‘(e) PREEMPTION.—Except as provided in promptly respond to a request of the Sec- TRAINING PROGRAMS.—The Secretary shall subsection (f)(2), this section preempts any retary of Defense or the head of an agency ensure that any training program for the de- State or Federal law, rule, or regulation, in- within the Department of Defense for elec- fense acquisition workforce development or cluding any State usury law, to the extent tronic validation of a taxpayer identification implemented after the date of the enactment that such laws, rules, or regulations are in- number for a registrant by notifying the Sec- of this Act includes comprehensive informa- consistent with this section, except that this retary or head of an agency, respectively, tion on the requirements described in subsection shall not preempt any such law, rule, of— section (a). or regulation that provides additional pro- ‘‘(i) the validity of that number; and tection to a servicemember or a ‘‘(ii) in the case of an invalid taxpayer SA 1523. Mrs. DOLE (for herself, Mr. servicemember’s dependent. identification number, any correct taxpayer DURBIN, and Mr. NELSON of Florida) ‘‘(f) PENALTIES.— identification number for such registrant submitted an amendment intended to ‘‘(1) MISDEMEANOR.—Any creditor who that the Commissioner can promptly and be proposed by her to the bill S. 1042, to knowingly violates this section shall be reasonably determine. authorize appropriations for fiscal year fined as provided in title 18, United States ‘‘(C) The Secretary shall transmit to a reg- 2006 for military activities of the De- Code, or imprisoned for not more than one istrant a notification of each of the reg- year, or both. partment of Defense, for military con- istrant’s taxpayer identification numbers, if ‘‘(2) PRESERVATION OF OTHER REMEDIES.— any, that is determined invalid by the Com- struction, and for defense activities of The remedies and rights provided under this missioner of Internal Revenue and shall pro- the Department of Energy, to prescribe section are in addition to and do not pre- vide the registrant with an opportunity to personnel strengths for such fiscal year clude any remedy otherwise available under substitute a valid taxpayer identification for the Armed Forces, and for other law to the person claiming relief under this number. purposes; which was ordered to lie on section, including any award for consequen- ‘‘(5) The Secretary of Defense shall require the table; as follows: tial and punitive damages. that, at the place in the Central Contractor ‘‘(g) DEFINITION.—For purposes of this sec- At the end of subtitle E of title VI, add the Registry where the taxpayer identification tion, the term ‘interest’ includes service following: numbers of a registrant are to be displayed, charges, renewal charges, fees, or any other the display bear (as applicable)— SEC. 653. TERMS OF CONSUMER CREDIT EX- charges (except bona fide insurance) with re- ‘‘(A) for each taxpayer identification num- TENDED TO SERVICEMEMBER OR SERVICEMEMBER’S DEPENDENT. spect to the extension of consumer credit.’’. ber of that registrant, an indicator of wheth- (b) CLERICAL AMENDMENT.—The table of (a) TERMS OF CONSUMER CREDIT.—Title II of er such number has been determined valid, is the Servicemembers Civil Relief Act (50 contents of the Servicemembers Civil Relief being reviewed for validity, or has been de- U.S.C. App. 521 et seq.) is amended by adding Act (50 U.S.C. App. 501) is amended by insert- termined invalid; or at the end the following new section: ing after the item relating to section 207 the ‘‘(B) an indicator that no taxpayer identi- following new item: ‘‘SEC. 208. TERMS OF CONSUMER CREDIT. fication number is required for the reg- ‘‘Sec. 208. Terms of consumer credit.’’. istrant. ‘‘(a) INTEREST.—A creditor who extends consumer credit to a servicemember or a ‘‘(6) This subsection applies to each source SA 1524. Mrs. DOLE (for herself, Mr. who registers any information regarding servicemember’s dependent shall not require LAUTENBERG, Mr. KENNEDY, Mr. that source in the Central Contractor Reg- the servicemember or the servicemember’s istry after December 31, 2005, except that dependent to pay interest with respect to the DEWINE, Ms. LANDRIEU, Mr. CHAFEE, paragraphs (1), (2), and (3) do not apply to a extension of such credit, except as— Ms. MIKULSKI, Mr. CHAMBLISS, and Mr. source who establishes to the satisfaction of ‘‘(1) agreed to under the terms of the credit DURBIN) submitted an amendment in- the Secretary of Defense that such source is agreement or promissory note; tended to be proposed by him to the not required to have a taxpayer identifica- ‘‘(2) authorized by the applicable State bill S. 1042, to authorize appropriations tion number. law; and ‘‘(3) not specifically prohibited by this sec- for fiscal year 2006 for military activi- ‘‘(c) CONFIDENTIALITY OF INFORMATION.— ties of the Department of Defense, for The Secretary of Defense shall ensure that tion. taxpayer identification numbers in the Cen- ‘‘(b) ANNUAL PERCENTAGE RATE.—A cred- military construction, and for defense tral Contractor Registry are not made avail- itor described in subsection (a) shall not im- activities of the Department of Energy, able to the public. The Secretary shall pre- pose an annual percentage rate greater than to prescribe personnel strengths for scribe a requirement for procurement offi- 36 percent with respect to the consumer such fiscal year for the Armed Forces, cials of the United States having access to credit extended to a servicemember or a and for other purposes; which was or- such numbers in that registry to maintain servicemember’s dependent. ‘‘(c) MANDATORY LOAN DISCLOSURES.— dered to lie on the table; as follows: the confidentiality of those numbers.’’. ‘‘(1) INFORMATION REQUIRED.—With respect At the end of subtitle B of title VII, add (b) CLERICAL AMENDMENT.—The table of the following: sections at the beginning of such chapter is to any extension of consumer credit to a amended by inserting after the item relating servicemember or a servicemember’s depend- SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE. to section 2302d the following new item: ent, a creditor shall provide to the servicemember or the servicemember’s de- (a) REIMBURSEMENT UNDER TRICARE.— ‘‘2302e. Central Contractor Registry.’’. pendent the following information in writing Section 1079(a)(8) of title 10, United States at or before the issuance of the credit: Code, is amended— SA 1522. Mrs. DOLE submitted an ‘‘(A) A statement of the annual percentage (1) by inserting ‘‘or licensed or certified amendment intended to be proposed by rate applicable to the extension of credit. mental health counselors’’ after ‘‘certified him to the bill S. 1042, to authorize ap- ‘‘(B) Any disclosures required under the marriage and family therapists’’ both places propriations for fiscal year 2006 for Truth in Lending Act (15 U.S.C. 1601 et seq.). it appears; and

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.106 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8867 (2) by inserting ‘‘or licensed or certified the report and submit the updated report as ness Compensation Program Act of 2000 (42 mental health counselors’’ after ‘‘that the described in paragraph (4). U.S.C. 7384l). therapists.’’ (4) SUBMISSION AND DISSEMINATION.— (b) AUTHORITY TO PROVIDE MENTAL HEALTH (A) SUBMISSION.—The Director shall sub- SA 1526. Mrs. DOLE submitted an SERVICES IN CLINICAL TRIALS.—Section mit the reports described in this section— amendment intended to be proposed by 1079(a)(13) of such title is amended by insert- (i) to the Committee on Armed Services, her to the bill S. 1042, to authorize ap- ing ‘‘, licensed or certified mental health the Committee on Education and the Work- counselor,’’ after ‘‘certified marriage and force, and the Committee on the Judiciary of propriations for fiscal year 2006 for family therapist’’. the House of Representatives; military activities of the Department (c) AUTHORITY TO ENTER INTO PERSONAL (ii) to the Committee on Armed Services of Defense, for military construction, SERVICES CONTRACTS.—Section 704(c)(2) of and the Committee on Health, Education, and for defense activities of the De- the National Defense Authorization Act for Labor, and Pensions of the Senate; and partment of Energy, to prescribe per- Fiscal Year 1995 (Public Law 103–337; 108 (iii) to the Advisory Board on Radiation sonnel strengths for such fiscal year Stat. 2799; 10 U.S.C. 1091 note) is amended by and Worker Health, for the purpose of ob- inserting ‘‘mental health counselors,’’ after for the Armed Forces, and for other taining the Board’s recommendations. purposes; which was ordered to lie on ‘‘psychologists,’’. (B) DISSEMINATION.—The Director shall (d) APPLICABILITY OF LICENSURE REQUIRE- make the reports available in electronic and the table; as follows: MENT FOR HEALTH-CARE PROFESSIONALS.— printed form. On page 371, between lines 8 and 9, insert Section 1094 (e)(2) of title 10, United States (5) CONSTRUCTION.—Nothing in this sub- the following: Code, is amended by inserting ‘‘mental section shall be construed to suggest that health counselor,’’ after ‘‘psychologist,’’. SEC. 2887. SENSE OF THE SENATE REGARDING the decision of the Director to identify a fa- COMMUNITY IMPACT ASSISTANCE cility or describe a class of employees for a RELATED TO CONSTRUCTION OF SA 1525. Mrs. CLINTON submitted an report submitted under this subsection con- NAVY LANDING FIELD, NORTH CARO- amendment intended to be proposed by stitutes a prejudgement on the outcome of a LINA. her to the bill S. 1042, to authorize ap- petition filed under subsection (a)(3) of such It is the sense of the Senate that— propriations for fiscal year 2006 for section 3626 by a class of employees at such (1) the planned construction of an outlying military activities of the Department facility, or a response to a recommendation landing field in North Carolina is vital to the of Defense, for military construction, by the Advisory Board on Radiation and national security interests of the United and for defense activities of the De- Worker Health under subsection (a)(1) of States; and partment of Energy, to prescribe per- such section relating to such a class of em- (2) the Federal Government should provide ployees. community impact assistance to those com- sonnel strengths for such fiscal year (b) SPECIAL EXPOSURE COHORT.—Section munities directly impacted by the location for the Armed Forces, and for other 3626(a) of the Energy Employees Occupa- of the outlying landing field, including— purposes; which was ordered to lie on tional Illness Compensation Program Act of (A) economic development assistance; the table; as follows: 2000 (42 U.S.C. 7384q(a)) is amended— (B) impact aid program assistance; At the appropriate place, insert the fol- (1) in paragraph (1)— (C) the provision by cooperative agreement lowing: (A) by inserting ‘‘or atomic weapons em- with the Navy of fire, rescue, water, and SEC. lll. SPECIAL EXPOSURE COHORTS. ployer facility’’ after ‘‘Department of Energy sewer services; (a) REPORTS ON SPECIAL EXPOSURE CO- facility’’; and (D) access by leasing arrangement to ap- HORTS.— (B) by striking ‘‘that facility’’ and insert- propriate land for farming for farmers im- (1) INITIAL REPORT.—Not later than 90 days ing ‘‘the facility involved’’; and pacted by the location of the landing field; after the date of enactment of this Act, the (2) in paragraph (3), by adding at the end (E) direct ad valorem tax relief; Director of the National Institute for Occu- the following: ‘‘For purposes of establishing (F) direct relocation assistance; and pational Safety and Health (referred to in procedures and considering petitions under (G) fair compensation to landowners for this section as the ‘‘Director’’) shall prepare this paragraph, a reference to a facility shall property purchased by the Navy. and submit as described in paragraph (4) a be considered to include a reference to mul- report identifying the Department of Energy tiple facilities with a common class of em- SA 1527. Mrs. BOXER (for herself and facilities, and atomic weapons employer fa- ployees, to permit the President to treat a Ms. SNOWE) submitted an amendment cilities, at which a class of employees is rea- multiple-facility exposure cohort as mem- intended to be proposed by her to the sonably likely to qualify for treatment as bers of the Special Exposure Cohort.’’. bill S. 1042, to authorize appropriations members of the Special Exposure Cohort (c) RESIDUAL CONTAMINATION.— for fiscal year 2006 for military activi- under section 3626 of the Energy Employees (1) ADJUDICATION.—Not later than 21 days Occupational Illness Compensation Program after the date of enactment of this Act, the ties of the Department of Defense, for Act of 2000 (42 U.S.C. 7384q), in the event that Secretary of Labor shall reinstate and com- military construction, and for defense the class submits a petition as described in mence adjudication of all claims filed under activities of the Department of Energy, subsection (a)(3) of such section. subtitle B of the Energy Employees Occupa- to prescribe personnel strengths for (2) CONTENTS.— tional Illness Compensation Program Act of such fiscal year for the Armed Forces, (A) IN GENERAL.—The report shall— 2000 (42 U.S.C. 7384l et seq.) as a result of and for other purposes; which was or- (i) list and describe each of the classes of changes the definition of the term ‘‘atomic dered to lie on the table; as follows: employees referred to in paragraph (1), in- weapons employee’’ made by the amendment cluding the job categories and time periods in section 3168(a) of division A of the Ronald At the appropriate place, add the fol- of employment for such classes; W. Reagan National Defense Authorization lowing: (ii) state a rationale or basis for describing Act for Fiscal Year 2005 (Public Law 108–375; SEC. . USE OF DEPARTMENT OF DEFENSE those classes as reasonably likely to qualify 118 Stat. 2190). FUNDS FOR ABORTIONS IN CASES for treatment as members of the Special Ex- (2) REPORT.—Not later than 45 days after OF RAPE AND INCEST. posure Cohort; the date of enactment of this Act, the Sec- Section 1093(a) of title 10, United States (iii) indicate whether any of the described retary of Labor shall prepare and submit to Code, is amended by inserting before the pe- classes are multi-facility classes; and the Committee on Armed Services of the riod at the end the following: ‘‘or in cases in (iv) state the number of claimants with House of Representatives and the Committee which the pregnancy is the result of an act pending claims in the described classes. on Armed Services of the Senate a report of rape or incest.’’ (B) RESEARCH.—The report shall be based that— on research conducted by the Director and (A) identifies all of the atomic weapons SA 1528. Mr. KERRY submitted an by contractors of the National Institute for employer facilities; and amendment intended to be proposed by Occupational Safety and Health. (B) states the number of claims under such him to the bill S. 1042, to authorize ap- (C) LIST OF FACILITIES REVIEWED.—The re- subtitle that were denied due to the fact that port shall list facilities where the Director the initial employment of the atomic weap- propriations for fiscal year 2006 for has conducted a review, for purposes of mak- ons employee involved occurred before the military activities of the Department ing the identification described in paragraph covered period when the employer involved of Defense, for military construction, (1), and facilities where the Director has not was processing or producing material that and for defense activities of the De- conducted such a review. emitted radiation and was used in the pro- partment of Energy, to prescribe per- (D) PLAN.—The report shall specify a plan duction of an atomic weapon, and the num- sonnel strengths for such fiscal year to assist petitioners at facilities identified in ber of related cases. for the Armed Forces, and for other the report in filing petitions under sub- (3) DEFINITIONS.—As used in this section, purposes; which was ordered to lie on section (a)(3) of such section 3626. the terms ‘‘atomic weapons employee’’ and (3) UPDATED REPORT.—Not later than 12 ‘‘atomic weapons employer facilities’’ have the table; as follows: months after submitting an initial report the meanings given the terms in section 3621 On page 237, after line 17, insert the fol- under this section, the Director shall update of the Energy Employees Occupational Ill- lowing:

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.106 S25JYPT1 S8868 CONGRESSIONAL RECORD — SENATE July 25, 2005 SEC. 846. EXTENSION OF SOCIALLY AND ECO- (6) Dispersing the Atlantic aircraft carrier (C) the classification of research limits ac- NOMICALLY DISADVANTAGED BUSI- fleet at two ports on the East Coast of the cess to key research assets in institutions of NESS PROGRAM. United States is a strategic and security im- higher education and elsewhere, including Section 7102(c) of the Federal Acquisition perative. work by noncitizens; Streamlining Act of 1994 (15 U.S.C. 644 note) (b) SENSE OF SENATE.—It is the sense of the (D) the hiring practices for program man- is amended by striking ‘‘September 30, 2003’’ Senate that a second homeport capable of agers of the Agency ensure that the Agency and inserting ‘‘September 30, 2006’’. handling nuclear aircraft carriers should be hires the most qualified individuals and en- SA 1529. Mr. VOINOVICH submitted established on the East Coast of the United sures that hired individuals maintain their States as soon as possible after the date of positions long enough to achieve significant an amendment intended to be proposed the enactment of this Act. progress complex areas of research; by him to the bill S. 1042, to authorize (E) the performance review cycles of the appropriations for fiscal year 2006 for SA 1531. Mr. LIEBERMAN submitted Agency hold researchers to the highest military activities of the Department an amendment intended to be proposed standards without requiring fixed, near-term of Defense, for military construction, by him to the bill S. 1042, to authorize performance requirements that can com- and for defense activities of the De- appropriations for fiscal year 2006 for promise a focus on breakthrough technologies; partment of Energy, to prescribe per- military activities of the Department sonnel strengths for such fiscal year (F) the Agency— of Defense, for military construction, (i) under takes appropriate steps to survey for the Armed Forces, and for other and for defense activities of the De- all potential areas where revolutionary or purposes; which was ordered to lie on partment of Energy, to prescribe per- breakthrough research may yield critical re- the table; as follows: sonnel strengths for such fiscal year sults; and At the end of subtitle E of title II, add the for the Armed Forces, and for other (ii) undertakes adequate methods for es- following: purposes; which was ordered to lie on tablishing priorities; (G) the Agency has developed adequate SEC. 244. REPORT ON COLLABORATION ON CER- the table; as follows: TAIN RESEARCH BETWEEN THE DE- strategies for transferring successful break- PARTMENT OF DEFENSE AND THE At the end of subtitle D of title X, add the through research to other research organiza- NATIONAL AERONAUTICS AND following: tions in the Department of Defense or other SPACE ADMINISTRATION. SEC. 1044. STUDY ON ROLE AND MISSION OF THE private or public research organizations; and Not later than 180 days after the date of DEFENSE ADVANCED RESEARCH (H) the Agency takes adequate steps to en- the enactment of this Act, the Secretary of PROJECTS AGENCY. sure that its priorities and management Defense and the Administrator of the Na- (a) STUDY REQUIRED.—The Secretary of De- strategies are held to the highest standards tional Aeronautics and Space Administra- fense shall carry out a study of the role and by an independent review group committed tion shall jointly submit to Congress a re- mission of the Defense Advanced Research to the unique mission of the Agency and ca- port setting forth the recommendations of Projects Agency (DARPA). pable of ensuring that the Agency remain fo- the Secretary and the Administrator regard- (b) CONTENT OF STUDY.—The study under cused on topics that meet meaningful standing the most appropriate means of carrying subsection (a) shall include the following: ards for importance and difficulty. out collaboration between the Department (1) An examination of unique mission of (c) REPORT.— and the Administration in research on the the Defense Advanced Research Projects (1) IN GENERAL.—Not later than February 1, following: Agency at the time of its establishment, and 2007, the Secretary shall submit to the Com- (1) Gas turbines. whether there has been a significant change mittees on Armed Services of the Senate and (2) Noise and emissions reductions with re- in the need for an organization filling such the House of Representatives a report on the spect to jet engines. mission, including an assessment of the cur- results of the study under subsection (a). (3) Hypersonic propulsion for aircraft rent need for the Department of Defense— (2) RECOMMENDATIONS.—The report shall flight. (A) to ensure that the United States main- include recommendations regarding— tains clear leadership in all significant areas Mr. MARTINEZ (for himself (A) the appropriate mission of the Defense SA 1530. of basic and applied research having poten- Advanced Research Projects Agency; and and Mr. NELSON of Florida) submitted tial relevance to the national security of the (B) whether or not modifications are rean amendment intended to be proposed United States for the foreseeable future; quired for the authorities and resources ap- by him to the bill S. 1042, to authorize (B) to ensure United States leadership in plicable to the Agency in order to ensure appropriations for fiscal year 2006 for key areas, such as advanced mathematics or that such mission can be executed with ut- military activities of the Department revolutionary materials, not adequately ad- most efficiency. of Defense, for military construction, dressed by other departments or agencies of (d) ROLE OF DEFENSE SCIENCE BOARD.—The and for defense activities of the De- the Federal Government; Secretary shall act through the Defense (C) to explore revolutionary approaches to partment of Energy, to prescribe per- Science Board in carrying out the study difficult, but critical problems that would under subsection (a) and preparing the report sonnel strengths for such fiscal year not be attempted by research programs with under subsection (c). for the Armed Forces, and for other near-term and mid-term development goals; purposes; which was ordered to lie on (D) to create and foster research teams and SA 1532. Mr. DORGAN (for himself the table; as follows: partnerships crossing disciplinary lines, in- and Ms. SNOWE) submitted an amend- At the end of subtitle B of title X, add the cluding a linkage of academic and private ment intended to be proposed by him following: sector entities that would be unlikely to form through traditional research practices; to the bill S. 1042, to authorize appro- SEC. 1023. SENSE OF SENATE ON SECOND HOME- priations for fiscal year 2006 for mili- PORT FOR NUCLEAR AIRCRAFT CAR- and RIERS ON THE EAST COAST OF THE (E) to protect the unique research capacity tary activities of the Department of UNITED STATES. of research groups in institutions of higher Defense, for military construction, and (a) FINDINGS.—The Senate makes the fol- education and ensure that perspectives and for defense activities of the Depart- lowing findings: insights from research conducted by institu- ment of Energy, to prescribe personnel (1) The Navy has long recognized the need tions of higher education continuously stim- strengths for such fiscal year for the for sufficient deepwater ports, in both the ulate advances in defense research. Armed Forces, and for other purposes; Atlantic Ocean and the Pacific Ocean, to (2) An analysis of whether the mission of adequately protect its fleet. the Agency can be fulfilled by other compo- which was ordered to lie on the table; (2) The Chief of Naval Operations testified nents of the Department of Defense engaged as follows: before Congress in 2005 that the Navy needs in defense research. At the appropriate place, insert the fol- two homeports capable of handling aircraft (3) An identification of recommendations lowing: carriers on each coast of the United States for ensuring that the Agency is capable of DIVISION ll—IMPORTATION OF for strategic and security purposes. carrying out the unique functions assigned PRESCRIPTION DRUGS (3) The Navy currently maintains two air- to it, which recommendations shall be based TITLE ll—IMPORTATION OF craft carrier homeports on the East Coast of on an assessment of whether— PRESCRIPTION DRUGS the United States. (A) the Agency is assig11ed a position in (4) The scheduled decommissioning of the the Department of Defense best suited to en- SEC. ll1. SHORT TITLE. two remaining conventional carriers would suring that it is evaluated with respect to This title may be cited as the ‘‘Pharma- leave the Navy with an aircraft carrier fleet the mission referred to in paragraph (1); ceutical Market Access and Drug Safety Act consisting entirely of nuclear aircraft car- (B) the tests applied to the Agency ensure of 2005’’. riers. a focus by the Agency on projects relevant to SEC. ll2. FINDINGS. (5) The Navy currently possesses only one the security interests of the United States Congress finds that— homeport on the East Coast of the United without forcing the Agency to engage in (1) Americans unjustly pay up to 5 times States capable of handling nuclear aircraft projects with immediate relevance to defense more to fill their prescriptions than con- carriers. applications in the near term; sumers in other countries;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.101 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8869 (2) the United States is the largest market ‘‘(i) with respect to a qualifying drug, has ‘‘(iii) a member country of the European for pharmaceuticals in the world, yet Amer- the same active ingredient or ingredients, Union, but does not include a member coun- ican consumers pay the highest prices for route of administration, dosage form, and try with respect to which— brand pharmaceuticals in the world; strength as the qualifying drug; ‘‘(I) the country’s Annex to the Treaty of (3) a prescription drug is neither safe nor ‘‘(ii) with respect to the qualifying drug, is Accession to the European Union 2003 ineffective to an individual who cannot afford manufactured by or for the person that man- cludes a transitional measure for the regula- it; ufactures the qualifying drug; tion of human pharmaceutical products that (4) allowing and structuring the importa- ‘‘(iii) is approved under section 505(c); and has not expired; or tion of prescription drugs to ensure access to ‘‘(iv) is not— ‘‘(II) the Secretary determines that the re- safe and affordable drugs approved by the ‘‘(I) a controlled substance, as defined in quirements described in subclauses (I) and Food and Drug Administration will provide a section 102 of the Controlled Substances Act (II) of clause (vii) will not be met by the date level of safety to American consumers that (21 U.S.C. 802); on which such transitional measure for the they do not currently enjoy; ‘‘(II) a biological product, as defined in sec- regulation of human pharmaceutical prod- (5) American seniors alone will spend tion 351 of the Public Health Service Act (42 ucts expires; $1,800,000,000,000 on pharmaceuticals over the U.S.C. 262), including— ‘‘(iv) Japan; next 10 years; and ‘‘(aa) a therapeutic DNA plasmid product; ‘‘(v) New Zealand; (6) allowing open pharmaceutical markets ‘‘(bb) a therapeutic synthetic peptide prod- ‘‘(vi) Switzerland; and could save American consumers at least uct; ‘‘(vii) a country in which the Secretary determines the following requirements are $38,000,000,000 each year. ‘‘(cc) a monoclonal antibody product for in met: SEC. ll3. REPEAL OF CERTAIN SECTION RE- vivo use; and ‘‘(I) The country has statutory or regu- GARDING IMPORTATION OF PRE- ‘‘(dd) a therapeutic recombinant DNA-de- latory requirements— SCRIPTION DRUGS. rived product; ‘‘(aa) that require the review of drugs for Chapter VIII of the Federal Food, Drug, ‘‘(III) an infused drug, including a peri- safety and effectiveness by an entity of the and Cosmetic Act (21 U.S.C. 381 et seq.) is toneal dialysis solution; government of the country; amended by striking section 804. ‘‘(IV) an injected drug; ‘‘(bb) that authorize the approval of only SEC. ll4. IMPORTATION OF PRESCRIPTION ‘‘(V) a drug that is inhaled during surgery; those drugs that have been determined to be DRUGS; WAIVER OF CERTAIN IM- ‘‘(VI) a drug that is the listed drug referred PORT RESTRICTIONS. safe and effective by experts employed by or to in 2 or more abbreviated new drug applica- acting on behalf of such entity and qualified (a) IN GENERAL.—Chapter VIII of the Fed- tions under which the drug is commercially by scientific training and experience to eral Food, Drug, and Cosmetic Act (21 U.S.C. marketed; or evaluate the safety and effectiveness of 381 et seq.), as amended by section ll3, is ‘‘(VII) a sterile opthlamic drug intended drugs on the basis of adequate and well-con- further amended by inserting after section for topical use on or in the eye. trolled investigations, including clinical in- 803 the following: ‘‘(D) OTHER DEFINITIONS.—For purposes of vestigations, conducted by experts qualified ‘‘SEC. 804. COMMERCIAL AND PERSONAL IMPOR- this section: by scientific training and experience to TATION OF PRESCRIPTION DRUGS. ‘‘(i)(I) The term ‘exporter’ means a person evaluate the safety and effectiveness of ‘‘(a) IMPORTATION OF PRESCRIPTION that is in the business of exporting a drug to drugs; DRUGS.— individuals in the United States from Canada ‘‘(cc) that require the methods used in, and ‘‘(1) IN GENERAL.—In the case of qualifying or from a permitted country designated by the facilities and controls used for the manu- drugs imported or offered for import into the the Secretary under subclause (II), or that, facture, processing, and packing of drugs in United States from registered exporters or pursuant to submitting a registration under the country to be adequate to preserve their by registered importers— subsection (b), seeks to be in such business. identity, quality, purity, and strength; ‘‘(A) the limitation on importation that is ‘‘(II) The Secretary shall designate a per- ‘‘(dd) for the reporting of adverse reactions established in section 801(d)(1) is waived; and mitted country under subparagraph (E) to drugs and procedures to withdraw ap- ‘‘(B) the standards referred to in section (other than Canada) as a country from which proval and remove drugs found not to be safe 801(a) regarding admission of the drugs are an exporter may export a drug to individuals or effective; and subject to subsection (g) of this section (in- in the United States if the Secretary deter- ‘‘(ee) that require the labeling and pro- cluding with respect to qualifying drugs to mines that— motion of drugs to be in accordance with the which section 801(d)(1) does not apply). ‘‘(aa) the country has statutory or regu- approval of the drug. ‘‘(2) IMPORTERS.—A qualifying drug may latory standards that are equivalent to the ‘‘(II) The valid marketing authorization not be imported under paragraph (1) unless— standards in the United States and Canada system in the country is equivalent to the ‘‘(A) the drug is imported by a pharmacy, with respect to— systems in the countries described in clauses group of pharmacies, or a wholesaler that is ‘‘(AA) the training of pharmacists; (i) through (vi). a registered importer; or ‘‘(BB) the practice of pharmacy; and ‘‘(III) The importation of drugs to the ‘‘(B) the drug is imported by an individual ‘‘(CC) the protection of the privacy of per- United States from the country will not ad- for personal use or for the use of a family sonal medical information; and versely affect public health. member of the individual (not for resale) ‘‘(bb) the importation of drugs to individ- ‘‘(b) REGISTRATION OF IMPORTERS AND EX- from a registered exporter. uals in the United States from the country PORTERS.— ‘‘(3) RULE OF CONSTRUCTION.—This section will not adversely affect public health. ‘‘(1) REGISTRATION OF IMPORTERS AND EX- shall apply only with respect to a drug that ‘‘(ii) The term ‘importer’ means a phar- PORTERS.—A registration condition is that is imported or offered for import into the macy, a group of pharmacies, or a wholesaler the importer or exporter involved (referred United States— that is in the business of importing a drug to in this subsection as a ‘registrant’) sub- ‘‘(A) by a registered importer; or into the United States or that, pursuant to mits to the Secretary a registration con- ‘‘(B) from a registered exporter to an indi- submitting a registration under subsection taining the following: vidual. (b), seeks to be in such business. ‘‘(A)(i) In the case of an exporter, the name ‘‘(4) DEFINITIONS.— ‘‘(iii) The term ‘pharmacist’ means a per- of the exporter and an identification of all ‘‘(A) REGISTERED EXPORTER; REGISTERED IM- son licensed by a State to practice phar- places of business of the exporter that relate PORTER.—For purposes of this section: macy, including the dispensing and selling of to qualifying drugs, including each ware- ‘‘(i) The term ‘registered exporter’ means prescription drugs. house or other facility owned or controlled an exporter for which a registration under ‘‘(iv) The term ‘pharmacy’ means a person by, or operated for, the exporter. subsection (b) has been approved and is in ef- that— ‘‘(ii) In the case of an importer, the name fect. ‘‘(I) is licensed by a State to engage in the of the importer and an identification of the ‘‘(ii) The term ‘registered importer’ means business of selling prescription drugs at re- places of business of the importer at which a pharmacy, group of pharmacies, or a tail; and the importer initially receives a qualifying wholesaler for which a registration under ‘‘(II) employs 1 or more pharmacists. drug after importation (which shall not ex- subsection (b) has been approved and is in ef- ‘‘(v) The term ‘prescription drug’ means a ceed 3 places of business except by permis- fect. drug that is described in section 503(b)(1). sion of the Secretary). ‘‘(iii) The term ‘registration condition’ ‘‘(vi) The term ‘wholesaler’— ‘‘(B) Such information as the Secretary de- means a condition that must exist for a reg- ‘‘(I) means a person licensed as a whole- termines to be necessary to demonstrate istration under subsection (b) to be ap- saler or distributor of prescription drugs in that the registrant is in compliance with proved. the United States under section 503(e)(2)(A); registration conditions under— ‘‘(B) QUALIFYING DRUG.—For purposes of and ‘‘(i) in the case of an importer, subsections this section, the term ‘qualifying drug’ ‘‘(II) does not include a person authorized (c), (d), (e), (g), and (j) (relating to the means a drug for which there is a cor- to import drugs under section 801(d)(1). sources of imported qualifying drugs; the in- responding U.S. label drug. ‘‘(E) PERMITTED COUNTRY.—The term ‘per- spection of facilities of the importer; the ‘‘(C) U.S. LABEL DRUG.—For purposes of mitted country’ means— payment of fees; compliance with the stand- this section, the term ‘U.S. label drug’ ‘‘(i) Australia; ards referred to in section 801(a); and mainte- means a prescription drug that— ‘‘(ii) Canada; nance of records and samples); or

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.102 S25JYPT1 S8870 CONGRESSIONAL RECORD — SENATE July 25, 2005 ‘‘(ii) in the case of an exporter, subsections ‘‘(J) In the case of an importer, an agree- or (ii), if the Secretary determines that the (c), (d), (f), (g), (h), (i), and (j) (relating to the ment by the importer to report to the Sec- registrant has demonstrated that further sources of exported qualifying drugs; the in- retary— violations of registration conditions will not spection of facilities of the exporter and the ‘‘(i) not later than August 1 of each fiscal occur. marking of compliant shipments; the pay- year, the total price and the total volume of ‘‘(B) TERMINATION.—The Secretary, after ment of fees; and compliance with the stand- drugs imported to the United States by the notice and opportunity for a hearing, may ards referred to in section 801(a); being li- importer during the 6-month period from terminate the registration under paragraph censed as a pharmacist; conditions for indi- January 1 through June 30 of that fiscal (1) of a registrant if the Secretary deter- vidual importation; and maintenance of year; and mines that the registrant has engaged in a records and samples). ‘‘(ii) not later than January 1 of each fiscal pattern or practice of violating 1 or more ‘‘(C) An agreement by the registrant that year, the total price and the total volume of registration conditions, or if on 1 or more oc- the registrant will not under subsection (a) drugs imported to the United States by the casions the Secretary has under subpara- import or export any drug that is not a importer during the previous fiscal year. graph (A)(ii) suspended the registration of qualifying drug. ‘‘(K) Such other provisions as the Sec- the registrant. The Secretary may make the ‘‘(D) An agreement by the registrant to— retary may require by regulation to protect termination permanent, or for a fixed period ‘‘(i) notify the Secretary of a recall or the public health while permitting— of not less than 1 year. During the period in withdrawal of a qualifying drug distributed ‘‘(i) the importation by pharmacies, groups which the registration is terminated, any in a permitted country that the registrant of pharmacies, and wholesalers as registered registration submitted under paragraph (1) importers of qualifying drugs under sub- by the registrant, or a person that is a part- has exported or imported, or intends to ex- section (a); and ner in the export or import enterprise, or a port or import, to the United States under ‘‘(ii) importation by individuals of quali- principal officer in such enterprise, and any subsection (a); fying drugs under subsection (a). registration prepared with the assistance of ‘‘(ii) provide for the return to the reg- ‘‘(2) APPROVAL OR DISAPPROVAL OF REG- the registrant or such a person, has no legal istrant of such drug; and ISTRATION.— effect under this section. ‘‘(iii) cease, or not begin, the exportation ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(5) DEFAULT OF BOND.—A bond required to or importation of such drug unless the Sec- after the date on which a registrant submits be posted by an exporter under paragraph retary has notified the registrant that expor- to the Secretary a registration under para- (1)(I)(ii) shall be defaulted and paid to the tation or importation of such drug may pro- graph (1), the Secretary shall notify the reg- Treasury of the United States if, after oppor- ceed. istrant whether the registration is approved tunity for an informal hearing, the Sec- ‘‘(E) An agreement by the registrant to en- or is disapproved. The Secretary shall dis- retary determines that the exporter has— sure and monitor compliance with each reg- approve a registration if there is reason to ‘‘(A) exported a drug to the United States istration condition, to promptly correct any believe that the registrant is not in compli- that is not a qualifying drug or that is not in noncompliance with such a condition, and to ance with one or more registration condi- compliance with subsection (g)(2)(A), (g)(4), promptly report to the Secretary any such tions, and shall notify the registrant of such or (i); or noncompliance. reason. In the case of a disapproved registra- ‘‘(B) failed to permit the Secretary to con- ‘‘(F) A plan describing the manner in tion, the Secretary shall subsequently notify duct an inspection described under sub- which the registrant will comply with the the registrant that the registration is ap- section (d). agreement under subparagraph (E). proved if the Secretary determines that the ‘‘(c) SOURCES OF QUALIFYING DRUGS.—A ‘‘(G) An agreement by the registrant to en- registrant is in compliance with such condi- registration condition is that the exporter or force a contract under subsection (c)(3)(B) tions. importer involved agrees that a qualifying against a party in the chain of custody of a ‘‘(B) CHANGES IN REGISTRATION INFORMA- drug will under subsection (a) be exported or qualifying drug with respect to the authority TION.—Not later than 30 days after receiving imported into the United States only if there of the Secretary under clauses (ii) and (iii) of a notice under paragraph (1)(H) from a reg- is compliance with the following: that subsection. istrant, the Secretary shall determine ‘‘(1) The drug was manufactured in an es- ‘‘(H) An agreement by the registrant to no- whether the change involved affects the ap- tablishment— tify the Secretary not more than 30 days be- proval of the registration of the registrant ‘‘(A) required to register under subsection fore the registrant intends to make the under paragraph (1), and shall inform the (h) or (i) of section 510; and change, of— registrant of the determination. ‘‘(B)(i) inspected by the Secretary; or ‘‘(i) any change that the registrant intends ‘‘(3) PUBLICATION OF CONTACT INFORMATION ‘‘(ii) for which the Secretary has elected to to make regarding information provided FOR REGISTERED EXPORTERS.—Through the rely on a satisfactory report of a good manu- under subparagraph (A) or (B); and Internet website of the Food and Drug Ad- facturing practice inspection of the estab- ‘‘(ii) any change that the registrant in- ministration and a toll-free telephone num- lishment from a permitted country whose tends to make in the compliance plan under ber, the Secretary shall make readily avail- regulatory system the Secretary recognizes subparagraph (F). able to the public a list of registered export- as equivalent under a mutual recognition ‘‘(I) In the case of an exporter— ers, including contact information for the agreement, as provided for under section ‘‘(i) An agreement by the exporter that a exporters. Promptly after the approval of a 510(i)(3), section 803, or part 26 of title 21, qualifying drug will not under subsection (a) registration submitted under paragraph (1), Code of Federal Regulations (or any cor- be exported to any individual not authorized the Secretary shall update the Internet responding successor rule or regulation). pursuant to subsection (a)(2)(B) to be an im- website and the information provided ‘‘(2) The establishment is located in any porter of such drug. through the toll-free telephone number ac- country, and the establishment manufac- ‘‘(ii) An agreement to post a bond, payable cordingly. tured the drug for distribution in the United to the Treasury of the United States that is ‘‘(4) SUSPENSION AND TERMINATION.— States or for distribution in 1 or more of the equal in value to the lesser of— ‘‘(A) SUSPENSION.—With respect to the ef- permitted countries (without regard to ‘‘(I) the value of drugs exported by the ex- fectiveness of a registration submitted under whether in addition the drug is manufac- porter to the United States in a typical 4- paragraph (1): tured for distribution in a foreign country week period over the course of a year under ‘‘(i) Subject to clause (ii), the Secretary that is not a permitted country). this section; or may suspend the registration if the Sec- ‘‘(3) The exporter or importer obtained the ‘‘(II) $1,000,000; retary determines, after notice and oppor- drug— ‘‘(iii) An agreement by the exporter to tunity for a hearing, that the registrant has ‘‘(A) directly from the establishment; or comply with applicable provisions of Cana- failed to maintain substantial compliance ‘‘(B) directly from an entity that, by con- dian law, or the law of the permitted country with a registration condition. tract with the exporter or importer— designated under subsection (a)(4)(D)(i)(II) in ‘‘(ii) If the Secretary determines that, ‘‘(i) provides to the exporter or importer a which the exporter is located, that protect under color of the registration, the exporter statement (in such form and containing such the privacy of personal information with re- has exported a drug or the importer has im- information as the Secretary may require) spect to each individual importing a pre- ported a drug that is not a qualifying drug, that, for the chain of custody from the estab- scription drug from the exporter under sub- or a drug that does not comply with sub- lishment, identifies each prior sale, pur- section (a)(2)(B). section (g)(2)(A) or (g)(4), or has exported a chase, or trade of the drug (including the ‘‘(iv) An agreement by the exporter to re- qualifying drug to an individual in violation date of the transaction and the names and port to the Secretary— of subsection (i)(2)(F), the Secretary shall addresses of all parties to the transaction); ‘‘(I) not later than August 1 of each fiscal immediately suspend the registration. A sus- ‘‘(ii) agrees to permit the Secretary to in- year, the total price and the total volume of pension under the preceding sentence is not spect such statements and related records to drugs exported to the United States by the subject to the provision by the Secretary of determine their accuracy; exporter during the 6-month period from prior notice, and the Secretary shall provide ‘‘(iii) agrees, with respect to the qualifying January 1 through June 30 of that year; and to the registrant an opportunity for a hear- drugs involved, to permit the Secretary to ‘‘(II) not later than January 1 of each fiscal ing not later than 10 days after the date on inspect warehouses and other facilities, in- year, the total price and the total volume of which the registration is suspended. cluding records, of the entity for purposes of drugs exported to the United States by the ‘‘(iii) The Secretary may reinstate the reg- determining whether the facilities are in exporter during the previous fiscal year. istration, whether suspended under clause (i) compliance with any standards under this

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.102 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8871

Act that are applicable to facilities of that mented by the use of anticounterfeiting or ‘‘(6) CERTAIN DUTIES RELATING TO IMPORT- type in the United States; and track-and-trace technologies, taking into ac- ERS.—Duties of the Secretary with respect to ‘‘(iv) has ensured, through such contrac- count the economic and technical feasibility an importer include the following: tual relationships as may be necessary, that of those technologies, except that a drug ‘‘(A) Inspecting, randomly, but not less the Secretary has the same authority re- that lacks such technologies from the point than 12 times annually, the places of busi- garding other parties in the chain of custody of manufacture shall not for that reason be ness of the importer at which a qualifying from the establishment that the Secretary excluded from importation by an exporter. drug is initially received after importation. has under clauses (ii) and (iii) regarding such ‘‘(C) Randomly reviewing records of ex- ‘‘(B) During the inspections under subpara- entity. ports to individuals for the purpose of deter- graph (A), verifying the chain of custody of ‘‘(4)(A) The foreign country from which the mining whether the drugs are being imported a statistically significant sample of quali- importer will import the drug is a permitted by the individuals in accordance with the fying drugs from the establishment in which country; or conditions under subsection (i). Such reviews the drug was manufactured to the importer, ‘‘(B) The foreign country from which the which shall be accomplished or supple- shall be conducted in a manner that will re- exporter will export the drug is the per- mented by the use of anticounterfeiting or sult in a statistically significant determina- mitted country in which the exporter is lo- track-and-trace technologies, taking into action of compliance with all such conditions. cated. count the economic and technical feasibility ‘‘(5) During any period in which the drug ‘‘(D) Monitoring the affixing of markings of those technologies, except that a drug was not in the control of the manufacturer under paragraph (2). that lacks such technologies from the point of the drug, the drug did not enter any coun- ‘‘(E) Inspecting as the Secretary deter- of manufacture shall not for that reason be try that is not a permitted country. mines is necessary the warehouses and other excluded from importation by an importer. ‘‘(6) The exporter or importer retains a facilities, including records, of other parties ‘‘(C) Reviewing notices under paragraph sample of each lot of the drug sufficient for in the chain of custody of qualifying drugs. (4). testing by the Secretary. ‘‘(F) Determining whether the exporter is ‘‘(D) Inspecting as the Secretary deter- ‘‘(d) INSPECTION OF FACILITIES; MARKING OF in compliance with all other registration mines is necessary the warehouses and other SHIPMENTS.— conditions. facilities, including records of other parties ‘‘(1) INSPECTION OF FACILITIES.—A registra- ‘‘(4) PRIOR NOTICE OF SHIPMENTS.—A reg- in the chain of custody of qualifying drugs. tion condition is that, for the purpose of as- istration condition is that, not less than 8 ‘‘(E) Determining whether the importer is sisting the Secretary in determining whether hours and not more than 5 days in advance of in compliance with all other registration the exporter involved is in compliance with the time of the importation of a shipment of conditions. all other registration conditions— qualifying drugs, the importer involved ‘‘(e) IMPORTER FEES.— ‘‘(A) the exporter agrees to permit the Sec- agrees to submit to the Secretary a notice ‘‘(1) REGISTRATION FEE.—A registration retary— with respect to the shipment of drugs to be condition is that the importer involved pays ‘‘(i) to conduct onsite inspections, includ- imported or offered for import into the to the Secretary a fee of $10,000 due on the ing monitoring on a day-to-day basis, of United States under subsection (a). A notice date on which the importer first submits the places of business of the exporter that relate under the preceding sentence shall include— registration to the Secretary under sub- to qualifying drugs, including each ware- ‘‘(A) the name and complete contact infor- section (b). house or other facility owned or controlled mation of the person submitting the notice; ‘‘(2) INSPECTION FEE.—A registration condi- by, or operated for, the exporter; ‘‘(B) the name and complete contact infor- tion is that the importer involved pays a fee ‘‘(ii) to have access, including on a day-to- mation of the importer involved; to the Secretary in accordance with this sub- day basis, to— ‘‘(C) the identity of the drug, including the section. Such fee shall be paid not later than ‘‘(I) records of the exporter that relate to established name of the drug, the quantity of October 1 and April 1 of each fiscal year in the export of such drugs, including financial the drug, and the lot number assigned by the the amount provided for under paragraph (3). records; and manufacturer; ‘‘(3) AMOUNT OF INSPECTION FEE.— ‘‘(II) samples of such drugs; ‘‘(D) the identity of the manufacturer of ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later ‘‘(iii) to carry out the duties described in the drug, including the identity of the estab- than 30 days before the start of each fiscal paragraph (3); and lishment at which the drug was manufac- year, the Secretary, in consultation with the ‘‘(iv) to carry out any other functions de- tured; Secretary of Homeland Security and the Sec- termined by the Secretary to be necessary ‘‘(E) the country from which the drug is retary of the Treasury, shall establish an ag- regarding the compliance of the exporter; gregate total of fees to be collected under shipped; and paragraph (2) for importers for that fiscal ‘‘(F) the name and complete contact infor- ‘‘(B) the Secretary has assigned 1 or more year that is sufficient, and not more than mation for the shipper of the drug; employees of the Secretary to carry out the necessary, to pay the costs for that fiscal ‘‘(G) anticipated arrival information, in- functions described in this subsection for the year of administering this section with re- Secretary randomly, but not less than 12 cluding the port of arrival and crossing loca- spect to registered importers, including the times annually, on the premises of places of tion within that port, and the date and time; costs associated with— businesses referred to in subparagraph (A)(i), ‘‘(H) a summary of the chain of custody of ‘‘(i) inspecting the facilities of registered and such an assignment remains in effect on the drug from the establishment in which importers, and of other entities in the chain a continuous basis. the drug was manufactured to the importer; of custody of a qualifying drug as necessary, ‘‘(2) MARKING OF COMPLIANT SHIPMENTS.—A ‘‘(I) a declaration as to whether the Sec- under subsection (d)(6); registration condition is that the exporter retary has ordered that importation of the ‘‘(ii) developing, implementing, and oper- involved agrees to affix to each shipping con- drug from the permitted country cease under ating under such subsection an electronic tainer of qualifying drugs exported under subsection (g)(2)(C) or (D); and system for submission and review of the no- subsection (a) such markings as the Sec- ‘‘(J) such other information as the Sec- tices required under subsection (d)(4) with retary determines to be necessary to identify retary may require by regulation. respect to shipments of qualifying drugs the shipment as being in compliance with all ‘‘(5) MARKING OF COMPLIANT SHIPMENTS.—A under subsection (a) to assess compliance registration conditions. Markings under the registration condition is that the importer with all registration conditions when such preceding sentence shall— involved agrees, before wholesale distribu- shipments are offered for import into the ‘‘(A) be designed to prevent affixation of tion (as defined in section 503(e)) of a quali- United States; and the markings to any shipping container that fying drug that has been imported under sub- ‘‘(iii) inspecting such shipments as nec- is not authorized to bear the markings; and section (a), to affix to each container of such essary, when offered for import into the ‘‘(B) include anticounterfeiting or track- drug such markings or other technology as United States to determine if such a ship- and-trace technologies, taking into account the Secretary determines necessary to iden- ment should be refused admission under sub- the economic and technical feasibility of tify the shipment as being in compliance section (g)(5). those technologies. with all registration conditions, except that ‘‘(B) LIMITATION.—Subject to subparagraph ‘‘(3) CERTAIN DUTIES RELATING TO EXPORT- the markings or other technology shall not (C), the aggregate total of fees collected ERS.—Duties of the Secretary with respect to be required on a drug that bears comparable, under paragraph (2) for a fiscal year shall not an exporter include the following: compatible markings or technology from the exceed 1 percent of the total price of quali- ‘‘(A) Inspecting, randomly, but not less manufacturer of the drug. Markings or other fying drugs imported during that fiscal year than 12 times annually, the places of busi- technology under the preceding sentence into the United States by registered import- ness of the exporter at which qualifying shall— ers under subsection (a). drugs are stored and from which qualifying ‘‘(A) be designed to prevent affixation of ‘‘(C) TOTAL PRICE OF DRUGS.— drugs are shipped. the markings or other technology to any ‘‘(i) ESTIMATE.—For the purposes of com- ‘‘(B) During the inspections under subpara- container that is not authorized to bear the plying with the limitation described in sub- graph (A), verifying the chain of custody of markings; and paragraph (B) when establishing under sub- a statistically significant sample of quali- ‘‘(B) shall include anticounterfeiting or paragraph (A) the aggregate total of fees to fying drugs from the establishment in which track-and-trace technologies, taking into ac- be collected under paragraph (2) for a fiscal the drug was manufactured to the exporter, count the economic and technical feasibility year, the Secretary shall estimate the total which shall be accomplished or supple- of such technologies. price of qualifying drugs imported into the

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.102 S25JYPT1 S8872 CONGRESSIONAL RECORD — SENATE July 25, 2005 United States by registered importers during year that is sufficient, and not more than Protection until expended (without fiscal that fiscal year by adding the total price of necessary, to pay the costs for that fiscal year limitation). qualifying drugs imported by each registered year of administering this section with re- ‘‘(B) SOLE PURPOSE.—Fees collected by the importer during the 6-month period from spect to registered exporters, including the Secretary under paragraphs (1) and (2) are January 1 through June 30 of the previous costs associated with— only available to the Secretary and, if trans- fiscal year, as reported to the Secretary by ‘‘(i) inspecting the facilities of registered ferred, to the Secretary of Homeland Secu- each registered importer under subsection exporters, and of other entities in the chain rity, and are for the sole purpose of paying (b)(1)(J). of custody of a qualifying drug as necessary, the costs referred to in paragraph (3)(A). ‘‘(ii) CALCULATION.—Not later than March 1 under subsection (d)(3); ‘‘(5) COLLECTION OF FEES.—In any case of the fiscal year that follows the fiscal year ‘‘(ii) developing, implementing, and oper- where the Secretary does not receive pay- for which the estimate under clause (i) is ating under such subsection a system to ment of a fee assessed under paragraph (1) or made, the Secretary shall calculate the total screen marks on shipments of qualifying (2) within 30 days after it is due, such fee price of qualifying drugs imported into the drugs under subsection (a) that indicate shall be treated as a claim of the United United States by registered importers during compliance with all registration conditions, States Government subject to subchapter II that fiscal year by adding the total price of when such shipments are offered for import of chapter 37 of title 31, United States Code. qualifying drugs imported by each registered into the United States; and ‘‘(g) COMPLIANCE WITH SECTION 801(A).— importer during that fiscal year, as reported ‘‘(iii) screening such markings, and in- ‘‘(1) IN GENERAL.—A registration condition to the Secretary by each registered importer specting such shipments as necessary, when is that each qualifying drug exported under under subsection (b)(1)(J). offered for import into the United States to subsection (a) by the registered exporter in- ‘‘(iii) ADJUSTMENT.—If the total price of determine if such a shipment should be re- volved or imported under subsection (a) by qualifying drugs imported into the United fused admission under subsection (g)(5). the registered importer involved is in com- States by registered importers during a fis- ‘‘(B) LIMITATION.—Subject to subparagraph pliance with the standards referred to in sec- cal year as calculated under clause (ii) is less (C), the aggregate total of fees collected tion 801(a) regarding admission of the drug than the aggregate total of fees collected under paragraph (2) for a fiscal year shall not into the United States, subject to paragraphs under paragraph (2) for that fiscal year, the exceed 1 percent of the total price of quali- (2), (3), and (4). Secretary shall provide for a pro-rata reduc- fying drugs imported during that fiscal year ‘‘(2) SECTION 505; APPROVAL STATUS.— tion in the fee due from each registered im- into the United States by registered export- ‘‘(A) IN GENERAL.—A qualifying drug that porter on April 1 of the subsequent fiscal ers under subsection (a). is imported or offered for import under sub- year so that the limitation described in sub- ‘‘(C) TOTAL PRICE OF DRUGS.— section (a) shall comply with the conditions paragraph (B) is observed. ‘‘(i) ESTIMATE.—For the purposes of com- established in the approved application ‘‘(D) INDIVIDUAL IMPORTER FEE.—Subject to plying with the limitation described in sub- under section 505(b) for the U.S. label drug as the limitation described in subparagraph (B), paragraph (B) when establishing under sub- described under this subsection. the fee under paragraph (2) to be paid on Oc- paragraph (A) the aggregate total of fees to ‘‘(B) NOTICE BY MANUFACTURER; GENERAL tober 1 and April 1 by an importer shall be an be collected under paragraph (2) for a fiscal PROVISIONS.— amount that is proportional to a reasonable year, the Secretary shall estimate the total ‘‘(i) IN GENERAL.—The person that manu- estimate by the Secretary of the semiannual price of qualifying drugs imported into the factures a qualifying drug that is, or will be, share of the importer of the volume of quali- United States by registered exporters during introduced for commercial distribution in a fying drugs imported by importers under that fiscal year by adding the total price of permitted country shall in accordance with subsection (a). qualifying drugs exported by each registered this paragraph submit to the Secretary a no- ‘‘(4) USE OF FEES.— exporter during the 6-month period from tice that— ‘‘(A) IN GENERAL.—Subject to appropria- January 1 through June 30 of the previous ‘‘(I) includes each difference in the quali- tions Acts, fees collected by the Secretary fiscal year, as reported to the Secretary by fying drug from a condition established in under paragraphs (1) and (2) shall be credited each registered exporter under subsection the approved application for the U.S. label to the appropriation account for salaries and (b)(1)(I)(iv). drug beyond— expenses of the Food and Drug Administra- ‘‘(ii) CALCULATION.—Not later than March 1 ‘‘(aa) the variations provided for in the ap- tion until expended (without fiscal year limi- of the fiscal year that follows the fiscal year plication; and tation), and the Secretary may, in consulta- for which the estimate under clause (i) is ‘‘(bb) any difference in labeling (except in- tion with the Secretary of Homeland Secu- made, the Secretary shall calculate the total gredient labeling); or rity and the Secretary of the Treasury, price of qualifying drugs imported into the ‘‘(II) states that there is no difference in transfer some proportion of such fees to the United States by registered exporters during the qualifying drug from a condition estab- appropriation account for salaries and ex- that fiscal year by adding the total price of lished in the approved application for the penses of the Bureau of Customs and Border qualifying drugs exported by each registered U.S. label drug beyond— Protection until expended (without fiscal exporter during that fiscal year, as reported ‘‘(aa) the variations provided for in the ap- year limitation). to the Secretary by each registered exporter plication; and ‘‘(B) SOLE PURPOSE.—Fees collected by the under subsection (b)(1)(I)(iv). ‘‘(bb) any difference in labeling (except in- Secretary under paragraphs (1) and (2) are ‘‘(iii) ADJUSTMENT.—If the total price of gredient labeling). only available to the Secretary and, if trans- qualifying drugs imported into the United ‘‘(ii) INFORMATION IN NOTICE.—A notice ferred, to the Secretary of Homeland Secu- States by registered exporters during a fiscal under clause (i)(I) shall include the informa- rity, and are for the sole purpose of paying year as calculated under clause (ii) is less tion that the Secretary may require under the costs referred to in paragraph (3)(A). than the aggregate total of fees collected section 506A, any additional information the ‘‘(5) COLLECTION OF FEES.—In any case under paragraph (2) for that fiscal year, the Secretary may require (which may include where the Secretary does not receive pay- Secretary shall provide for a pro-rata reduc- data on bioequivalence if such data are not ment of a fee assessed under paragraph (1) or tion in the fee due from each registered ex- required under section 506A), and, with re- (2) within 30 days after it is due, such fee porter on April 1 of the subsequent fiscal spect to the permitted country that ap- shall be treated as a claim of the United year so that the limitation described in sub- proved the qualifying drug for commercial States Government subject to subchapter II paragraph (B) is observed. distribution, or with respect to which such of chapter 37 of title 31, United States Code. ‘‘(D) INDIVIDUAL EXPORTER FEE.—Subject to approval is sought, include the following: ‘‘(f) EXPORTER FEES.— the limitation described in subparagraph (B), ‘‘(I) The date on which the qualifying drug ‘‘(1) REGISTRATION FEE.—A registration the fee under paragraph (2) to be paid on Oc- with such difference was, or will be, intro- condition is that the exporter involved pays tober 1 and April 1 by an exporter shall be an duced for commercial distribution in the per- to the Secretary a fee of $10,000 due on the amount that is proportional to a reasonable mitted country. date on which the exporter first submits that estimate by the Secretary of the semiannual ‘‘(II) Information demonstrating that the registration to the Secretary under sub- share of the exporter of the volume of quali- person submitting the notice has also noti- section (b). fying drugs exported by exporters under sub- fied the government of the permitted coun- ‘‘(2) INSPECTION FEE.—A registration condi- section (a). try in writing that the person is submitting tion is that the exporter involved pays a fee ‘‘(4) USE OF FEES.— to the Secretary a notice under clause (i)(I), to the Secretary in accordance with this sub- ‘‘(A) IN GENERAL.—Subject to appropria- which notice describes the difference in the section. Such fee shall be paid not later than tions Acts, fees collected by the Secretary qualifying drug from a condition established October 1 and April 1 of each fiscal year in under paragraphs (1) and (2) shall be credited in the approved application for the U.S. label the amount provided for under paragraph (3). to the appropriation account for salaries and drug. ‘‘(3) AMOUNT OF INSPECTION FEE.— expenses of the Food and Drug Administra- ‘‘(III) The information that the person sub- ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later tion until expended (without fiscal year limi- mitted or will submit to the government of than 30 days before the start of each fiscal tation), and the Secretary may, in consulta- the permitted country for purposes of ob- year, the Secretary, in consultation with the tion with the Secretary of Homeland Secu- taining approval for commercial distribution Secretary of Homeland Security and the Sec- rity and the Secretary of the Treasury, of the drug in the country which, if in a lan- retary of the Treasury, shall establish an ag- transfer some proportion of such fees to the guage other than English, shall be accom- gregate total of fees to be collected under appropriation account for salaries and ex- panied by an English translation verified to paragraph (2) for exporters for that fiscal penses of the Bureau of Customs and Border be complete and accurate, with the name,

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.102 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8873 address, and a brief statement of the quali- under clause (i), if required under section ‘‘(I) vacate the order under clause (ii), if fications of the person that made the trans- 506A, not later than 120 days after the date any; lation. on which the notice is submitted. ‘‘(II) consider the difference to be a vari- ‘‘(iii) CERTIFICATIONS.—The chief executive ‘‘(V) ESTABLISHMENT INSPECTION.—If review ation provided for in the approved applica- officer and the chief medical officer of the of such difference would require an inspection for the U.S. label drug; manufacturer involved shall each certify in tion of the establishment in which the quali- ‘‘(III) permit importation of the qualifying the notice under clause (i) that— fying drug is manufactured— drug under subsection (a); and ‘‘(I) the information provided in the notice ‘‘(aa) such inspection by the Secretary ‘‘(IV) promptly notify registered exporters, is complete and true; and shall be authorized; and registered importers, the Federal Trade ‘‘(II) a copy of the notice has been provided ‘‘(bb) the Secretary may rely on a satisfac- Commission, and the State attorneys general to the Federal Trade Commission and to the tory report of a good manufacturing practice of the determination. State attorneys general. inspection of the establishment from a per- ‘‘(D) NOTICE; DRUG DIFFERENCE NOT REQUIR- ‘‘(iv) FEE.—If a notice submitted under mitted country whose regulatory system the ING PRIOR APPROVAL.—In the case of a notice clause (i) includes a difference that would, Secretary recognizes as equivalent under a under subparagraph (B)(i) that includes a dif- under section 506A, require the submission of mutual recognition agreement, as provided ference that would, under section a supplemental application if made as a under section 510(i)(3), section 803, or part 26 506A(d)(3)(B)(ii), not require the approval of change to the U.S. label drug, the person of title 21, Code of Federal Regulations (or a supplemental application before the dif- that submits the notice shall pay to the Sec- any corresponding successor rule or regula- ference could be made to the U.S. label drug retary a fee in the same amount as would tion). the following shall occur: apply if the person were paying a fee pursu- ‘‘(vii) PUBLICATION OF INFORMATION ON NO- ‘‘(i) During the period in which the notice ant to section 736(a)(1)(A)(ii). Subject to ap- TICES.— is being reviewed by the Secretary, the au- propriations Acts, fees collected by the Sec- ‘‘(I) IN GENERAL.—Through the Internet thority under this subsection to import the retary under the preceding sentence are website of the Food and Drug Administra- qualifying drug involved continues in effect. available only to the Secretary and are for tion and a toll-free telephone number, the ‘‘(ii) If the Secretary determines that such the sole purpose of paying the costs of re- Secretary shall readily make available to a supplemental application regarding the viewing notices submitted under clause (i). the public a list of notices submitted under U.S. label drug would not be approved, the ‘‘(v) TIMING OF SUBMISSION OF NOTICES.— clause (i). Secretary shall— ‘‘(I) PRIOR APPROVAL NOTICES.—A notice under clause (i) to which subparagraph (C) ‘‘(II) CONTENTS.—The list under subclause ‘‘(I) order that the importation of the applies shall be submitted to the Secretary (I) shall include the date on which a notice is qualifying drug involved from the permitted not later than 120 days before the qualifying submitted and whether— country cease; drug with the difference is introduced for ‘‘(aa) a notice is under review; ‘‘(II) notify the permitted country that ap- commercial distribution in a permitted ‘‘(bb) the Secretary has ordered that improved the qualifying drug for commercial country, unless the country requires that portation of the qualifying drug from a per- distribution of the determination; and distribution of the qualifying drug with the mitted country cease; or ‘‘(III) promptly notify registered exporters, difference begin less than 120 days after the ‘‘(cc) the importation of the drug is per- registered importers, the Federal Trade country requires the difference. mitted under subsection (a). Commission, and the State attorneys general ‘‘(II) OTHER APPROVAL NOTICES.—A notice ‘‘(III) UPDATE.—The Secretary shall of the determination. under clause (i) to which subparagraph (D) promptly update the Internet website with ‘‘(iii) If the Secretary determines that such applies shall be submitted to the Secretary any changes to the list. a supplemental application regarding the not later than the day on which the quali- ‘‘(C) NOTICE; DRUG DIFFERENCE REQUIRING U.S. label drug would be approved, the dif- fying drug with the difference is introduced PRIOR APPROVAL.—In the case of a notice ference shall be considered to be a variation for commercial distribution in a permitted under subparagraph (B)(i) that includes a dif- provided for in the approved application for country. ference that would, under section 506A(c) or the U.S. label drug. ‘‘(III) OTHER NOTICES.—A notice under (d)(3)(B)(i), require the approval of a supple- ‘‘(E) NOTICE; DRUG DIFFERENCE NOT REQUIR- clause (i) to which subparagraph (E) applies mental application before the difference ING APPROVAL; NO DIFFERENCE.—In the case of shall be submitted to the Secretary on the could be made to the U.S. label drug the fol- a notice under subparagraph (B)(i) that in- date that the qualifying drug is first intro- lowing shall occur: cludes a difference for which, under section duced for commercial distribution in a per- ‘‘(i) Promptly after the notice is sub- 506A(d)(1)(A), a supplemental application mitted country and annually thereafter. mitted, the Secretary shall notify registered would not be required for the difference to be ‘‘(vi) REVIEW BY SECRETARY.— exporters, registered importers, the Federal made to the U.S. label drug, or that states ‘‘(I) IN GENERAL.—In this paragraph, the Trade Commission, and the State attorneys that there is no difference, the Secretary— difference in a qualifying drug that is sub- general that the notice has been submitted ‘‘(i) shall consider such difference to be a mitted in a notice under clause (i) from the with respect to the qualifying drug involved. variation provided for in the approved appli- U.S. label drug shall be treated by the Sec- ‘‘(ii) If the Secretary has not made a deter- cation for the U.S. label drug; retary as if it were a manufacturing change mination whether such a supplemental appli- ‘‘(ii) may not order that the importation of to the U.S. label drug under section 506A. cation regarding the U.S. label drug would be the qualifying drug involved cease; and ‘‘(II) STANDARD OF REVIEW.—Except as pro- approved or disapproved by the date on ‘‘(iii) shall promptly notify registered ex- vided in subclause (III), the Secretary shall which the qualifying drug involved is to be porters and registered importers. review and approve or disapprove the dif- introduced for commercial distribution in a ‘‘(F) DIFFERENCES IN ACTIVE INGREDIENT, ference in a notice submitted under clause permitted country, the Secretary shall— ROUTE OF ADMINISTRATION, DOSAGE FORM, OR (i), if required under section 506A, using the ‘‘(I) order that the importation of the STRENGTH.— safe and effective standard for approving or qualifying drug involved from the permitted ‘‘(i) IN GENERAL.—A person who manufac- disapproving a manufacturing change under country not begin until the Secretary com- tures a drug approved under section 505(b) section 506A. pletes review of the notice; and shall submit an application under section ‘‘(III) BIOEQUIVALENCE.—If the Secretary ‘‘(II) promptly notify registered exporters, 505(b) for approval of another drug that is would approve the difference in a notice sub- registered importers, the Federal Trade manufactured for distribution in a permitted mitted under clause (i) using the safe and ef- Commission, and the State attorneys general country by or for the person that manufac- fective standard under section 506A and if of the order. tures the drug approved under section 505(b) the Secretary determines that the qualifying ‘‘(iii) If the Secretary determines that such if— drug is not bioequivalent to the U.S. label a supplemental application regarding the ‘‘(I) there is no qualifying drug in commer- drug, the Secretary may— U.S. label drug would not be approved, the cial distribution in permitted countries ‘‘(aa) include in the labeling provided Secretary shall— whose combined population represents at under paragraph (3) a prominent advisory ‘‘(I) order that the importation of the least 50 percent of the total population of all that the qualifying drug is safe and effective qualifying drug involved from the permitted permitted countries with the same active in- but is not bioequivalent to the U.S. label country cease, or provide that an order gredient or ingredients, route of administra- drug if the Secretary determines that such under clause (ii), if any, remains in effect; tion, dosage form, and strength as the drug an advisory is necessary for health care prac- ‘‘(II) notify the permitted country that ap- approved under section 505(b); and titioners and patients to use the qualifying proved the qualifying drug for commercial ‘‘(II) each active ingredient of the other drug safely and effectively; or distribution of the determination; and drug is related to an active ingredient of the ‘‘(bb) decline to approve the difference if ‘‘(III) promptly notify registered exporters, drug approved under section 505(b), as de- the Secretary determines that the avail- registered importers, the Federal Trade fined in clause (v). ability of both the qualifying drug and the Commission, and the State attorneys general ‘‘(ii) APPLICATION UNDER SECTION 505(b).— U.S. label drug would pose a threat to the of the determination. The application under section 505(b) required public health. ‘‘(iv) If the Secretary determines that such under clause (i) shall— ‘‘(IV) REVIEW BY THE SECRETARY.—The Sec- a supplemental application regarding the ‘‘(I) request approval of the other drug for retary shall review and approve or dis- U.S. label drug would be approved, the Sec- the indication or indications for which the approve the difference in a notice submitted retary shall— drug approved under section 505(b) is labeled;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.102 S25JYPT1 S8874 CONGRESSIONAL RECORD — SENATE July 25, 2005 ‘‘(II) include the information that the per- ‘‘(bb) a list of the ingredients of the quali- ‘‘(A) The drug is not a qualifying drug. son submitted to the government of the per- fying drug as would be required under sec- ‘‘(B) A notice for the drug required under mitted country for purposes of obtaining ap- tion 502(e). paragraph (2)(B) has not been submitted to proval for commercial distribution of the ‘‘(B) IMPORTATION BY INDIVIDUAL.— the Secretary. other drug in that country, which if in a lan- ‘‘(i) IN GENERAL.—In the case of a quali- ‘‘(C) The Secretary has ordered that impor- guage other than English, shall be accom- fying drug that is imported or offered for im- tation of the drug from the permitted coun- panied by an English translation verified to port by a registered exporter to an indi- try cease under paragraph (2) (C) or (D). be complete and accurate, with the name, vidual, such drug shall be considered to be in ‘‘(D) The drug does not comply with para- address, and a brief statement of the quali- compliance with section 502 and the labeling graph (3) or (4). fications of the person that made the trans- requirements under the approved application ‘‘(E) The shipping container appears dam- lation; for the U.S. label drug if the packaging and aged in a way that may affect the strength, ‘‘(III) include a right of reference to the ap- labeling of the qualifying drug complies with quality, or purity of the drug. all applicable regulations promulgated under ‘‘(F) The Secretary becomes aware that— plication for the drug approved under section sections 3 and 4 of the Poison Prevention ‘‘(i) the drug may be counterfeit; 505(b); and Packaging Act of 1970 (15 U.S.C. 1471 et seq.) ‘‘(ii) the drug may have been prepared, ‘‘(IV) include such additional information and the labeling of the qualifying drug in- packed, or held under insanitary conditions; as the Secretary may require. cludes— or ‘‘(iii) TIMING OF SUBMISSION OF APPLICA- ‘‘(I) directions for use by the consumer; ‘‘(iii) the methods used in, or the facilities TION.—An application under section 505(b) re- ‘‘(II) the lot number assigned by the manu- or controls used for, the manufacturing, quired under clause (i) shall be submitted to facturer; processing, packing, or holding of the drug the Secretary not later than the day on ‘‘(III) the name and registration number of do not conform to good manufacturing prac- which the information referred to in clause the exporter; tice. (ii)(II) is submitted to the government of the ‘‘(IV) if required under paragraph ‘‘(G) The Secretary has obtained an injunc- permitted country. (2)(B)(vi)(III), a prominent advisory that the tion under section 302 that prohibits the dis- ‘‘(iv) NOTICE OF DECISION ON APPLICATION.— drug is safe and effective but not bioequiva- tribution of the drug in interstate com- The Secretary shall promptly notify reg- lent to the U.S. label drug; merce. istered exporters, registered importers, the ‘‘(V) if the inactive ingredients of the drug ‘‘(H) The Secretary has under section 505(e) Federal Trade Commission, and the State at- are different from the inactive ingredients withdrawn approval of the drug. torneys general of a determination to ap- for the U.S. label drug— ‘‘(I) The manufacturer of the drug has in- prove or to disapprove an application under ‘‘(aa) a prominent advisory that persons stituted a recall of the drug. section 505(b) required under clause (i). with an allergy should check the ingredient ‘‘(J) If the drug is imported or offered for ‘‘(v) RELATED ACTIVE INGREDIENTS.—For list of the drug because the ingredients of import by a registered importer without sub- purposes of clause (i)(II), 2 active ingredients the drug differ from the ingredients of the mission of a notice in accordance with sub- are related if they are— U.S. label drug; and section (d)(4). ‘‘(I) the same; or ‘‘(bb) a list of the ingredients of the drug ‘‘(K) If the drug is imported or offered for ‘‘(II) different salts, esters, or complexes of as would be required under section 502(e); import from a registered exporter to an indi- the same moiety. and vidual and 1 or more of the following applies: ‘‘(3) SECTION 502; LABELING.— ‘‘(VI) a copy of any special labeling that ‘‘(i) The shipping container for such drug ‘‘(A) IMPORTATION BY REGISTERED IM- would be required by the Secretary had the does not bear the markings required under PORTER.— U.S. label drug been dispensed by a phar- subsection (d)(2). ‘‘(i) IN GENERAL.—In the case of a quali- macist in the United States, without regard ‘‘(ii) The markings on the shipping con- fying drug that is imported or offered for im- to whether the special labeling bears any tainer appear to be counterfeit. port by a registered importer, such drug trademark involved. ‘‘(iii) The shipping container or markings shall be considered to be in compliance with ‘‘(ii) PACKAGING.—A qualifying drug offered appear to have been tampered with. section 502 and the labeling requirements for import to an individual by an exporter ‘‘(h) LICENSING AS PHARMACIST.—A reg- under the approved application for the U.S. under this section that is packaged in a unit- istration condition is that the exporter in- label drug if the qualifying drug bears— of-use container (as those items are defined volved agrees that a qualifying drug will be ‘‘(I) a copy of the labeling approved for the in the United States Pharmacopeia and Na- exported to an individual only if the Sec- U.S. label drug under section 505, without re- tional Formulary) shall not be repackaged, retary has verified that— gard to whether the copy bears any trade- provided that— ‘‘(1) the exporter is authorized under the mark involved; ‘‘(I) the packaging complies with all appli- law of the permitted country in which the cable regulations under sections 3 and 4 of ‘‘(II) the name of the manufacturer and lo- exporter is located to dispense prescription the Poison Prevention Packaging Act of 1970 drugs; and cation of the manufacturer; (15 U.S.C. 1471 et seq.); or ‘‘(2) the exporter employs persons that are ‘‘(III) the lot number assigned by the man- ‘‘(II) the consumer consents to waive the licensed under the law of the permitted ufacturer; requirements of such Act, after being in- country in which the exporter is located to ‘‘(IV) the name, location, and registration formed that the packaging does not comply dispense prescription drugs in sufficient number of the importer; and with such Act and that the exporter will pro- number to dispense safely the drugs exported ‘‘(V) the National Drug Code number as- vide the drug in packaging that is compliant by the exporter to individuals, and the ex- signed to the qualifying drug by the Sec- at no additional cost. porter assigns to those persons responsibility retary. ‘‘(iii) REQUEST FOR COPY OF SPECIAL LABEL- for dispensing such drugs to individuals. ‘‘(ii) REQUEST FOR COPY OF THE LABELING.— ING AND INGREDIENT LIST.—The Secretary ‘‘(i) INDIVIDUALS; CONDITIONS FOR IMPORTA- The Secretary shall provide such copy to the shall provide to the registered exporter in- TION.— registered importer involved, upon request of volved a copy of the special labeling, the ad- ‘‘(1) IN GENERAL.—For purposes of sub- the importer. visory, and the ingredient list described section (a)(2)(B), the importation of a quali- ‘‘(iii) REQUESTED LABELING.—The labeling under clause (i), upon request of the ex- fying drug by an individual is in accordance provided by the Secretary under clause (ii) porter. with this subsection if the following condi- shall— ‘‘(iv) REQUESTED LABELING AND INGREDIENT tions are met: ‘‘(I) include the established name, as de- LIST.—The labeling and ingredient list pro- ‘‘(A) The drug is accompanied by a copy of fined in section 502(e)(3), for each active in- vided by the Secretary under clause (iii) a prescription for the drug, which prescrip- gredient in the qualifying drug; shall— tion— ‘‘(II) not include the proprietary name of ‘‘(I) include the established name, as de- ‘‘(i) is valid under applicable Federal and the U.S. label drug or any active ingredient fined in section 502(e)(3), for each active in- State laws; and thereof; gredient in the drug; and ‘‘(ii) was issued by a practitioner who, ‘‘(III) if required under paragraph ‘‘(II) not include the proprietary name of under the law of a State of which the indi- (2)(B)(vi)(III), a prominent advisory that the the U.S. label drug or any active ingredient vidual is a resident, or in which the indi- qualifying drug is safe and effective but not thereof. vidual receives care from the practitioner bioequivalent to the U.S. label drug; and ‘‘(4) SECTION 501; ADULTERATION.—A quali- who issues the prescription, is authorized to ‘‘(IV) if the inactive ingredients of the fying drug that is imported or offered for im- administer prescription drugs. qualifying drug are different from the inac- port under subsection (a) shall be considered ‘‘(B) The drug is accompanied by a copy of tive ingredients for the U.S. label drug, in- to be in compliance with section 501 if the the documentation that was required under clude— drug is in compliance with subsection (c). the law or regulations of the permitted coun- ‘‘(aa) a prominent notice that the ingredi- ‘‘(5) STANDARDS FOR REFUSING ADMISSION.— try in which the exporter is located, as a ents of the qualifying drug differ from the in- A drug exported under subsection (a) from a condition of dispensing the drug to the indi- gredients of the U.S. label drug and that the registered exporter or imported by a reg- vidual. qualifying drug must be dispensed with an istered importer may be refused admission ‘‘(C) The copies referred to in subpara- advisory to people with allergies about this into the United States if 1 or more of the fol- graphs (A)(i) and (B) are marked in a manner difference and a list of ingredients; and lowing applies: sufficient—

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.103 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8875 ‘‘(i) to indicate that the prescription, and aging Act of 1970 (15 U.S.C. 1471 et seq.) and that distributes, sells, or uses a qualifying the equivalent document in the permitted shall include with any other labeling pro- drug imported into the United States under country in which the exporter is located, vided to the individual the following: this section; have been filled; and ‘‘(A) The lot number assigned by the manu- ‘‘(E) knowingly fail to submit a notice ‘‘(ii) to prevent a duplicative filling by an- facturer. under subsection (g)(2)(B)(i), knowingly fail other pharmacist. ‘‘(B) The name and registration number of to submit such a notice on or before the date ‘‘(D) The individual has provided to the the importer. specified in subsection (g)(2)(B)(v) or as oth- registered exporter a complete list of all ‘‘(C) If required under paragraph erwise required under subsection (e) (3), (4), drugs used by the individual for review by (2)(B)(vi)(III) of subsection (g), a prominent and (5) of section ll4 of the Pharmaceutical the individuals who dispense the drug. advisory that the drug is safe and effective Market Access and Drug Safety Act of 2005, ‘‘(E) The quantity of the drug does not ex- but not bioequivalent to the U.S. label drug. knowingly submit such a notice that makes ceed a 90-day supply. ‘‘(D) If the inactive ingredients of the drug a materially false, fictitious, or fraudulent ‘‘(F) The drug is not an ineligible subpart are different from the inactive ingredients statement, or knowingly fail to provide H drug. For purposes of this section, a pre- for the U.S. label drug— promptly any information requested by the scription drug is an ‘ineligible subpart H ‘‘(i) a prominent advisory that persons Secretary to review such a notice; drug’ if the drug was approved by the Sec- with allergies should check the ingredient ‘‘(F) knowingly fail to submit an applica- retary under subpart H of part 314 of title 21, list of the drug because the ingredients of tion required under subsection (g)(2)(F), Code of Federal Regulations (relating to ac- the drug differ from the ingredients of the knowingly fail to submit such an application celerated approval), with restrictions under U.S. label drug; and on or before the date specified in subsection section 520 of such part to assure safe use, ‘‘(ii) a list of the ingredients of the drug as (g)(2)(F)(ii), knowingly submit such an appli- and the Secretary has published in the Fed- would be required under section 502(e). cation that makes a materially false, ficti- eral Register a notice that the Secretary has ‘‘(2) PACKAGING.—A qualifying drug that is tious, or fraudulent statement, or knowingly determined that good cause exists to pro- packaged in a unit-of-use container (as those fail to provide promptly any information re- hibit the drug from being imported pursuant terms are defined in the United States Phar- quested by the Secretary to review such an to this subsection. macopeia and National Formulary) shall not application; ‘‘(2) NOTICE REGARDING DRUG REFUSED AD- be repackaged, provided that— ‘‘(G) cause there to be a difference (includ- MISSION.—If a registered exporter ships a ‘‘(A) the packaging complies with all appli- ing a difference in active ingredient, route of drug to an individual pursuant to subsection cable regulations under sections 3 and 4 of administration, dosage form, strength, for- (a)(2)(B) and the drug is refused admission to the Poison Prevention Packaging Act of 1970 mulation, manufacturing establishment, the United States, a written notice shall be (15 U.S.C. 1471 et seq.); or manufacturing process, or person that manu- sent to the individual and to the exporter ‘‘(B) the consumer consents to waive the factures the drug) between a prescription that informs the individual and the exporter requirements of such Act, after being in- drug for distribution in the United States of such refusal and the reason for the refusal. formed that the packaging does not comply and the drug for distribution in a permitted ‘‘(j) MAINTENANCE OF RECORDS AND SAM- with such Act and that the pharmacist will country; PLES.— provide the drug in packaging that is compli- ‘‘(H) refuse to allow an inspection author- ‘‘(1) IN GENERAL.—A registration condition ant at no additional cost. is that the importer or exporter involved ‘‘(m) CHARITABLE CONTRIBUTIONS.—Not- ized under this section of an establishment shall— withstanding any other provision of this sec- that manufactures a qualifying drug that is, ‘‘(A) maintain records required under this tion, this section does not authorize the im- or will be, introduced for commercial dis- section for not less than 2 years; and portation into the United States of a quali- tribution in a permitted country; ‘‘(B) maintain samples of each lot of a fying drug donated or otherwise supplied for ‘‘(I) fail to conform to the methods used in, qualifying drug required under this section free or at nominal cost by the manufacturer or the facilities used for, the manufacturing, for not less than 2 years. of the drug to a charitable or humanitarian processing, packing, or holding of a quali- ‘‘(2) PLACE OF RECORD MAINTENANCE.—The organization, including the United Nations fying drug that is, or will be, introduced for records described under paragraph (1) shall and affiliates, or to a government of a for- commercial distribution in a permitted be maintained— eign country. country to good manufacturing practice ‘‘(A) in the case of an importer, at the ‘‘(n) UNFAIR AND DISCRIMINATORY ACTS AND under this Act; place of business of the importer at which PRACTICES.— ‘‘(J) become a party to a licensing agree- the importer initially receives the qualifying ‘‘(1) IN GENERAL.—It is unlawful for a man- ment or other agreement related to a quali- drug after importation; or ufacturer, directly or indirectly (including fying drug that fails to provide for compli- ‘‘(B) in the case of an exporter, at the facil- by being a party to a licensing agreement or ance with all requirements of this section ity from which the exporter ships the quali- other agreement), to— with respect to such drug; fying drug to the United States. ‘‘(A) discriminate by charging a higher ‘‘(K) enter into a contract that restricts, ‘‘(k) DRUG RECALLS.— price for a prescription drug sold to a reg- prohibits, or delays the importation of a ‘‘(1) MANUFACTURERS.—A person that man- istered exporter or other person in a per- qualifying drug under this section; ufactures a qualifying drug imported from a mitted country that exports a qualifying ‘‘(L) engage in any other action to restrict, permitted country under this section shall drug to the United States under this section prohibit, or delay the importation of a quali- promptly inform the Secretary— than the price that is charged, inclusive of fying drug under this section; or ‘‘(A) if the drug is recalled or withdrawn rebates or other incentives to the permitted ‘‘(M) engage in any other action that the from the market in a permitted country; country or other person, to another person Federal Trade Commission determines to ‘‘(B) how the drug may be identified, in- that is in the same country and that does discriminate against a person that engages cluding lot number; and not export a qualifying drug into the United or attempts to engage in the importation of ‘‘(C) the reason for the recall or with- States under this section; a qualifying drug under this section. drawal. ‘‘(B) discriminate by charging a higher ‘‘(2) AFFIRMATIVE DEFENSE.— ‘‘(2) SECRETARY.—With respect to each per- price for a prescription drug sold to a reg- ‘‘(A) DISCRIMINATION.—It shall be an af- mitted country, the Secretary shall— istered importer or other person that distrib- firmative defense to a charge that a manu- ‘‘(A) enter into an agreement with the gov- utes, sells, or uses a qualifying drug im- facturer has discriminated under subpara- ernment of the country to receive informa- ported into the United States under this sec- graph (A), (B), (C), (D), or (M) of paragraph tion about recalls and withdrawals of quali- tion than the price that is charged to an- (1) that the higher price charged for a pre- fying drugs in the country; or other person in the United States that does scription drug sold to a person, the denial, ‘‘(B) monitor recalls and withdrawals of not import a qualifying drug under this sec- restriction, or delay of supplies of a prescrip- qualifying drugs in the country using any in- tion, or that does not distribute, sell, or use tion drug to a person, the refusal to do busi- formation that is available to the public in such a drug; ness with a person, or other discriminatory any media. ‘‘(C) discriminate by denying, restricting, activity against a person, is not based, in ‘‘(3) NOTICE.—The Secretary may notify, as or delaying supplies of a prescription drug to whole or in part, on— appropriate, registered exporters, registered a registered exporter or other person in a ‘‘(i) the person exporting or importing a importers, wholesalers, pharmacies, or the permitted country that exports a qualifying qualifying drug into the United States under public of a recall or withdrawal of a quali- drug to the United States under this section this section; or fying drug in a permitted country. or to a registered importer or other person ‘‘(ii) the person distributing, selling, or ‘‘(l) DRUG LABELING AND PACKAGING.— that distributes, sells, or uses a qualifying using a qualifying drug imported into the ‘‘(1) IN GENERAL.—When a qualifying drug drug imported into the United States under United States under this section. that is imported into the United States by this section; ‘‘(B) DRUG DIFFERENCES.—It shall be an af- an importer under subsection (a) is dispensed ‘‘(D) discriminate by publicly, privately, or firmative defense to a charge that a manu- by a pharmacist to an individual, the phar- otherwise refusing to do business with a reg- facturer has caused there to be a difference macist shall provide that the packaging and istered exporter or other person in a per- described in subparagraph (G) of paragraph labeling of the drug complies with all appli- mitted country that exports a qualifying (1) that— cable regulations promulgated under sec- drug to the United States under this section ‘‘(i) the difference was required by the tions 3 and 4 of the Poison Prevention Pack- or with a registered importer or other person country in which the drug is distributed;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.103 S25JYPT1 S8876 CONGRESSIONAL RECORD — SENATE July 25, 2005 ‘‘(ii) the Secretary has determined that the ‘‘(II) enforce compliance with this sub- amount of monetary relief awarded in an ac- difference was necessary to improve the safe- section; tion under this paragraph brought by the at- ty or effectiveness of the drug; ‘‘(III) obtain damages, restitution, or other torney general of a State any amount of ‘‘(iii) the person manufacturing the drug compensation on behalf of residents of the monetary relief which duplicates amounts for distribution in the United States has State and persons doing business in the which have been awarded for the same in- given notice to the Secretary under sub- State, including threefold the damages; or jury. section (g)(2)(B)(i) that the drug for distribu- ‘‘(IV) obtain such other relief as the court ‘‘(6) EFFECT ON ANTITRUST LAWS.—Nothing tion in the United States is not different may consider to be appropriate. in this subsection shall be construed to mod- from a drug for distribution in permitted ‘‘(ii) NOTICE.— ify, impair, or supersede the operation of the countries whose combined population rep- ‘‘(I) IN GENERAL.—Before filing an action antitrust laws. For the purpose of this sub- resents at least 50 percent of the total popu- under clause (i), the attorney general of the section, the term ‘antitrust laws’ has the lation of all permitted countries; or State involved shall provide to the Federal meaning given it in the first section of the ‘‘(iv) the difference was not caused, in Trade Commission— Clayton Act, except that it includes section whole or in part, for the purpose of restrict- ‘‘(aa) written notice of that action; and 5 of the Federal Trade Commission Act to ing importation of the drug into the United ‘‘(bb) a copy of the complaint for that ac- the extent that such section 5 applies to un- States under this section. tion. fair methods of competition. ‘‘(3) EFFECT OF SUBSECTION.— ‘‘(II) EXEMPTION.—Subclause (I) shall not ‘‘(7) MANUFACTURER.—In this subsection, ‘‘(A) SALES IN OTHER COUNTRIES.—This sub- apply with respect to the filing of an action the term ‘manufacturer’ means any entity, section applies only to the sale or distribu- by an attorney general of a State under this including any affiliate or licensee of that en- tion of a prescription drug in a country if the paragraph, if the attorney general deter- tity, that is engaged in— manufacturer of the drug chooses to sell or mines that it is not feasible to provide the ‘‘(A) the production, preparation, propaga- distribute the drug in the country. Nothing notice described in that subclause before fil- tion, compounding, conversion, or processing in this subsection shall be construed to coming of the action. In such case, the attorney of a prescription drug, either directly or in- pel the manufacturer of a drug to distribute general of a State shall provide notice and a directly by extraction from substances of or sell the drug in a country. copy of the complaint to the Federal Trade natural origin, or independently by means of ‘‘(B) DISCOUNTS TO INSURERS, HEALTH Commission at the same time as the attor- chemical synthesis, or by a combination of PLANS, PHARMACY BENEFIT MANAGERS, AND ney general files the action. extraction and chemical synthesis; or COVERED ENTITIES.—Nothing in this sub- ‘‘(B) INTERVENTION.— ‘‘(B) the packaging, repackaging, labeling, section shall be construed to— ‘‘(i) IN GENERAL.—On receiving notice relabeling, or distribution of a prescription ‘‘(i) prevent or restrict a manufacturer of a under subparagraph (A)(ii), the Federal drug.’’. prescription drug from providing discounts Trade Commission shall have the right to in- (b) PROHIBITED ACTS.—The Federal Food, to an insurer, health plan, pharmacy benefit tervene in the action that is the subject of Drug, and Cosmetic Act is amended— manager in the United States, or covered en- the notice. (1) in section 301 (21 U.S.C. 331), by striking tity in the drug discount program under sec- ‘‘(ii) EFFECT OF INTERVENTION.—If the Fed- paragraph (aa) and inserting the following: tion 340B of the Public Health Service Act eral Trade Commission intervenes in an ac- ‘‘(aa)(1) The sale or trade by a pharmacist, (42 U.S.C. 256b) in return for inclusion of the tion under subparagraph (A), it shall have or by a business organization of which the drug on a formulary; the right— pharmacist is a part, of a qualifying drug ‘‘(ii) require that such discounts be made ‘‘(I) to be heard with respect to any matter that under section 804(a)(2)(A) was imported available to other purchasers of the prescrip- that arises in that action; and by the pharmacist, other than— tion drug; or ‘‘(II) to file a petition for appeal. ‘‘(A) a sale at retail made pursuant to dis- ‘‘(iii) prevent or restrict any other meas- ‘‘(C) CONSTRUCTION.—For purposes of bring- pensing the drug to a customer of the phar- ures taken by an insurer, health plan, or ing any civil action under subparagraph (A), macist or organization; or pharmacy benefit manager to encourage con- nothing in this subsection shall be construed ‘‘(B) a sale or trade of the drug to a phar- sumption of such prescription drug. to prevent an attorney general of a State macy or a wholesaler registered to import ‘‘(C) CHARITABLE CONTRIBUTIONS.—Nothing from exercising the powers conferred on the drugs under section 804. in this subsection shall be construed to— attorney general by the laws of that State ‘‘(2) The sale or trade by an individual of a ‘‘(i) prevent a manufacturer from donating to— qualifying drug that under section a prescription drug, or supplying a prescrip- ‘‘(i) conduct investigations; 804(a)(2)(B) was imported by the individual. tion drug at nominal cost, to a charitable or ‘‘(ii) administer oaths or affirmations; or ‘‘(3) The making of a materially false, fic- humanitarian organization, including the ‘‘(iii) compel the attendance of witnesses titious, or fraudulent statement or represen- United Nations and affiliates, or to a govern- or the production of documentary and other tation, or a material omission, in a notice ment of a foreign country; or evidence. under clause (i) of section 804(g)(2)(B) or in ‘‘(ii) apply to such donations or supplying ‘‘(D) ACTIONS BY THE COMMISSION.—In any an application required under section of a prescription drug. case in which an action is instituted by or on 804(g)(2)(F), or the failure to submit such a ‘‘(4) ENFORCEMENT.— behalf of the Federal Trade Commission for notice or application. ‘‘(A) UNFAIR OR DECEPTIVE ACT OR PRAC- a violation of paragraph (1), a State may not, ‘‘(4) The importation of a drug in violation TICE.—A violation of this subsection shall be during the pendency of that action, institute of a registration condition or other require- treated as a violation of a rule defining an an action under subparagraph (A) for the ment under section 804, the falsification of unfair or deceptive act or practice prescribed same violation against any defendant named any record required to be maintained, or pro- under section 18(a)(1)(B) of the Federal Trade in the complaint in that action. vided to the Secretary, under such section, Commission Act (15 U.S.C. 57a(a)(1)(B)). ‘‘(E) VENUE.—Any action brought under or the violation of any registration condition ‘‘(B) ACTIONS BY THE COMMISSION.—The subparagraph (A) may be brought in the dis- or other requirement under such section.’’; Federal Trade Commission— trict court of the United States that meets and ‘‘(i) shall enforce this subsection in the applicable requirements relating to venue (2) in section 303(a) (21 U.S.C. 333(a)), by same manner, by the same means, and with under section 1391 of title 28, United States striking paragraph (6) and inserting the fol- the same jurisdiction, powers, and duties as Code. lowing: though all applicable terms and provisions of ‘‘(F) SERVICE OF PROCESS.—In an action ‘‘(6) Notwithstanding subsection (a), any the Federal Trade Commission Act (15 U.S.C. brought under subparagraph (A), process person that knowingly violates section 301(i) 41 et seq.) were incorporated into and made may be served in any district in which the (2) or (3) or section 301(aa)(4) shall be impris- a part of this section; and defendant— oned not more than 10 years, or fined in ac- ‘‘(ii) may seek monetary relief threefold ‘‘(i) is an inhabitant; or cordance with title 18, United States Code, the damages sustained, in addition to any ‘‘(ii) may be found. or both.’’. other remedy available to the Federal Trade ‘‘(G) MEASUREMENT OF DAMAGES.—In any (c) AMENDMENT OF CERTAIN PROVISIONS.— Commission under the Federal Trade Com- action under this paragraph to enforce a (1) IN GENERAL.—Section 801 of the Federal mission Act (15 U.S.C. 41 et seq.). cause of action under this subsection in Food, Drug, and Cosmetic Act (21 U.S.C. 381) ‘‘(5) ACTIONS BY STATES.— which there has been a determination that a is amended by striking subsection (g) and in- ‘‘(A) IN GENERAL.— defendant has violated a provision of this serting the following: ‘‘(i) CIVIL ACTIONS.—In any case in which subsection, damages may be proved and as- ‘‘(g) With respect to a prescription drug the attorney general of a State has reason to sessed in the aggregate by statistical or sam- that is imported or offered for import into believe that an interest of the residents of pling methods, by the computation of illegal the United States by an individual who is that State have been adversely affected by overcharges or by such other reasonable sys- not in the business of such importation, that any manufacturer that violates paragraph tem of estimating aggregate damages as the is not shipped by a registered exporter under (1), the attorney general of a State may court in its discretion may permit without section 804, and that is refused admission bring a civil action on behalf of the residents the necessity of separately proving the indi- under subsection (a), the Secretary shall no- of the State, and persons doing business in vidual claim of, or amount of damage to, per- tify the individual that— the State, in a district court of the United sons on whose behalf the suit was brought. ‘‘(1) the drug has been refused admission States of appropriate jurisdiction to— ‘‘(H) EXCLUSION ON DUPLICATIVE RELIEF.— because the drug was not a lawful import ‘‘(I) enjoin that practice; The district court shall exclude from the under section 804;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.103 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8877 ‘‘(2) the drug is not otherwise subject to a (referred to in this section as the ‘‘Sec- cently completed before the date of enact- waiver of the requirements of subsection (a); retary’’) may limit the number of registered ment of this title; or ‘‘(3) the individual may under section 804 exporters under such section 804 to not less (B) the notice is a notice under subsection lawfully import certain prescription drugs than 50, so long as the Secretary gives pri- (g)(2)(B)(i)(II) of such section 804. from exporters registered with the Secretary ority to those exporters with demonstrated (5) NOTICE FOR DRUGS FOR IMPORT FROM under section 804; and ability to process a high volume of ship- OTHER COUNTRIES.—The notice with respect ‘‘(4) the individual can find information ments of drugs to individuals in the United to a qualifying drug introduced for commer- about such importation, including a list of States. cial distribution in a permitted country registered exporters, on the Internet website (E) SECOND YEAR LIMIT ON NUMBER OF EX- other than Canada as of the date of enact- of the Food and Drug Administration or PORTERS.—During the 1-year period begin- ment of this title that is required under sub- through a toll-free telephone number re- ning on the date that is 1 year after the date section (g)(2)(B)(i) of such section 804 shall quired under section 804.’’. of enactment of this title, the Secretary may be submitted to the Secretary not later than (2) ESTABLISHMENT REGISTRATION.—Section limit the number of registered exporters 180 days after the date of enactment of this 510(i) of the Federal Food, Drug, and Cos- under such section 804 to not less than 100, so title if— metic Act (21 U.S.C. 360(i)) is amended in long as the Secretary gives priority to those (A) the U.S. label drug for the qualifying paragraph (1) by inserting after ‘‘import into exporters with demonstrated ability to proc- drug is 1 of the 100 prescription drugs with the United States’’ the following: ‘‘, includ- ess a high volume of shipments of drugs to the highest dollar volume of sales in the ing a drug that is, or may be, imported or of- individuals in the United States. United States based on the 12 calendar fered for import into the United States under (F) FURTHER LIMIT ON NUMBER OF EXPORT- month period that is first completed on the section 804,’’. ERS.—During any 1-year period beginning on date that is 120 days after the date of enact- (3) EFFECTIVE DATE.—The amendments a date that is 2 or more years after the date ment of this title; or made by this subsection shall take effect on of enactment of this title, the Secretary may (B) the notice is a notice under subsection the date that is 90 days after the date of en- limit the number of registered exporters (g)(2)(B)(i)(II) of such section 804. actment of this title. under such section 804 to not less than 25 (6) NOTICE FOR OTHER DRUGS FOR IMPORT.— (d) EXHAUSTION.— more than the number of such exporters dur- (A) GUIDANCE ON SUBMISSION DATES.—The (1) IN GENERAL.—Section 271 of title 35, United States Code, is amended— ing the previous 1-year period, so long as the Secretary shall by guidance establish a se- (A) by redesignating subsections (h) and (i) Secretary gives priority to those exporters ries of submission dates for the notices under as (i) and (j), respectively; and with demonstrated ability to process a high subsection (g)(2)(B)(i) of such section 804 (B) by inserting after subsection (g) the volume of shipments of drugs to individuals with respect to qualifying drugs introduced following: in the United States. for commercial distribution as of the date of ‘‘(h) It shall not be an act of infringement (3) LIMITS ON NUMBER OF IMPORTERS.— enactment of this title and that are not re- to use, offer to sell, or sell within the United (A) FIRST YEAR LIMIT ON NUMBER OF IM- quired to be submitted under paragraph (4) States or to import into the United States PORTERS.—During the 1-year period begin- or (5). any patented invention under section 804 of ning on the date that is 1 year after the date (B) CONSISTENT AND EFFICIENT USE OF RE- the Federal Food, Drug, and Cosmetic Act of enactment of this title, the Secretary may SOURCES.—The Secretary shall establish the that was first sold abroad by or under au- limit the number of registered importers dates described under subparagraph (A) so thority of the owner or licensee of such pat- under such section 804 to not less than 100 (of that such notices described under subpara- ent.’’. which at least a significant number shall be graph (A) are submitted and reviewed at a (2) RULE OF CONSTRUCTION.—Nothing in the groups of pharmacies, to the extent feasible rate that allows consistent and efficient use amendment made by paragraph (1) shall be given the applications submitted by such of the resources and staff available to the construed to affect the ability of a patent groups), so long as the Secretary gives pri- Secretary for such reviews. The Secretary owner or licensee to enforce their patent, ority to those importers with demonstrated may condition the requirement to submit subject to such amendment. ability to process a high volume of ship- such a notice, and the review of such a no- (e) EFFECT OF SECTION 804.— ments of drugs imported into the United tice, on the submission by a registered ex- (1) IN GENERAL.—Section 804 of the Federal States. porter or a registered importer to the Sec- Food, Drug, and Cosmetic Act, as added by (B) SECOND YEAR LIMIT ON NUMBER OF IM- retary of a notice that such exporter or im- subsection (a), shall permit the importation PORTERS.—During the 1-year period begin- porter intends to import such qualifying of qualifying drugs (as defined in such sec- ning on the date that is 2 years after the drug to the United States under such section tion 804) into the United States without re- date of enactment of this title, the Secretary 804. gard to the status of the issuance of imple- may limit the number of registered import- (C) PRIORITY FOR DRUGS WITH HIGHER menting regulations— ers under such section 804 to not less than SALES.—The Secretary shall establish the (A) from exporters registered under such 200 (of which at least a significant number dates described under subparagraph (A) so section 804 on the date that is 90 days after shall be groups of pharmacies, to the extent that the Secretary reviews the notices de- the date of enactment of this title; and feasible given the applications submitted by scribed under such subparagraph with re- (B) from permitted countries, as defined in such groups), so long as the Secretary gives spect to qualifying drugs with higher dollar such section 804, by importers registered priority to those importers with dem- volume of sales in the United States before under such section 804 on the date that is 1 onstrated ability to process a high volume of the notices with respect to drugs with lower year after the date of enactment of this title. shipments of drugs into the United States. sales in the United States. (2) REVIEW OF REGISTRATION BY CERTAIN EX- (C) FURTHER LIMIT ON NUMBER OF IMPORT- (7) NOTICES FOR DRUGS APPROVED AFTER EF- PORTERS.— ERS.—During any 1-year period beginning on FECTIVE DATE.—The notice required under (A) REVIEW PRIORITY.—In the review of reg- a date that is 3 or more years after the date subsection (g)(2)(B)(i) of such section 804 for istrations submitted under subsection (b) of of enactment of this title, the Secretary may a qualifying drug first introduced for com- such section 804, registrations submitted by limit the number of registered importers mercial distribution in a permitted country entities in Canada that are significant ex- under such section 804 to not less than 50 (as defined in such section 804) after the date porters of prescription drugs to individuals more (of which at least a significant number of enactment of this title shall be submitted in the United States as of the date of enact- shall be groups of pharmacies, to the extent to and reviewed by the Secretary as provided ment of this title will have priority during feasible given the applications submitted by under subsection (g)(2)(B) of such section 804, the 90 day period that begins on such date of such groups) than the number of such im- without regard to paragraph (4), (5), or (6). enactment. porters during the previous 1-year period, so (8) REPORT.—Beginning with fiscal year (B) PERIOD FOR REVIEW.—During such 90- long as the Secretary gives priority to those 2006, not later than 90 days after the end of day period, the reference in subsection importers with demonstrated ability to proc- each fiscal year during which the Secretary (b)(2)(A) of such section 804 to 90 days (relat- ess a high volume of shipments of drugs to reviews a notice referred to in paragraph (4), ing to approval or disapproval of registra- the United States. (5), or (6), the Secretary shall submit a re- tions) is, as applied to such entities, deemed (4) NOTICES FOR DRUGS FOR IMPORT FROM port to Congress concerning the progress of to be 30 days. CANADA.—The notice with respect to a quali- the Food and Drug Administration in review- (C) LIMITATION.—That an exporter in Can- fying drug introduced for commercial dis- ing the notices referred to in paragraphs (4), ada exports, or has exported, prescription tribution in Canada as of the date of enact- (5), and (6). drugs to individuals in the United States on ment of this title that is required under sub- (9) USER FEES.— or before the date that is 90 days after the section (g)(2)(B)(i) of such section 804 shall (A) EXPORTERS.—When establishing an ag- date of enactment of this title shall not be submitted to the Secretary not later than gregate total of fees to be collected from ex- serve as a basis, in whole or in part, for dis- 30 days after the date of enactment of this porters under subsection (f)(2) of such sec- approving a registration under such section title if— tion 804, the Secretary shall, under sub- 804 from the exporter. (A) the U.S. label drug (as defined in such section (f)(3)(C)(i) of such section 804, esti- (D) FIRST YEAR LIMIT ON NUMBER OF EX- section 804) for the qualifying drug is 1 of the mate the total price of drugs imported under PORTERS.—During the 1-year period begin- 100 prescription drugs with the highest dollar subsection (a) of such section 804 into the ning on the date of enactment of this title, volume of sales in the United States based United States by registered exporters during the Secretary of Health and Human Services on the 12 calendar month period most re- fiscal year 2006 to be $1,000,000,000.

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(B) IMPORTERS.—When establishing an ag- (f) IMPLEMENTATION OF SECTION 804.— ‘‘(B) the Secretary has requested delivery gregate total of fees to be collected from im- (1) INTERIM RULE.—The Secretary may pro- of such shipment of drugs. porters under subsection (e)(2) of such sec- mulgate an interim rule for implementing ‘‘(b) NO BOND OR EXPORT.—Section 801(b) tion 804, the Secretary shall, under subsection 804 of the Federal Food, Drug, and does not authorize the delivery to the owner section (e)(3)(C)(i) of such section 804, esti- Cosmetic Act, as added by subsection (a) of or consignee of drugs delivered to the Sec- mate the total price of drugs imported under this section. retary under subsection (a) pursuant to the subsection (a) of such section 804 into the (2) NO NOTICE OF PROPOSED RULEMAKING.— execution of a bond, and such drugs may not United States by registered importers dur- The interim rule described under paragraph be exported. ing— (1) may be developed and promulgated by the ‘‘(c) DESTRUCTION OF VIOLATIVE SHIP- (i) fiscal year 2006 to be $1,000,000,000; and Secretary without providing general notice MENT.—The Secretary shall destroy a ship- (ii) fiscal year 2007 to be $10,000,000,000. of proposed rulemaking. ment of drugs delivered by the Secretary of (C) FISCAL YEAR 2007 ADJUSTMENT.— (3) FINAL RULE.—Not later than 1 year after Homeland Security to the Secretary under (i) REPORTS.—Not later than February 20, the date on which the Secretary promulgates subsection (a) if— 2007, registered importers shall report to the an interim rule under paragraph (1), the Sec- ‘‘(1) in the case of drugs that are imported Secretary the total price and the total vol- retary shall, in accordance with procedures or offered for import from a registered ex- ume of drugs imported to the United States under section 553 of title 5, United States porter under section 804, the drugs are in vio- by the importer during the 4-month period Code, promulgate a final rule for imple- lation of any standard described in section from October 1, 2006, through January 31, menting such section 804, which may incor- 804(g)(5); or 2007. porate by reference provisions of the interim ‘‘(2) in the case of drugs that are not im- (ii) REESTIMATE.—Notwithstanding sub- rule provided for under paragraph (1), to the ported or offered for import from a reg- section (e)(3)(C)(ii) of such section 804 or sub- extent that such provisions are not modified. istered exporter under section 804, the drugs paragraph (B), the Secretary shall reesti- (g) CONSUMER EDUCATION.—The Secretary are in violation of a standard referred to in mate the total price of qualifying drugs im- shall carry out activities that educate con- section 801(a) or 801(d)(1). ported under subsection (a) of such section sumers— ‘‘(d) CERTAIN PROCEDURES.— 804 into the United States by registered im- (1) with regard to the availability of quali- ‘‘(1) IN GENERAL.—The delivery and de- porters during fiscal year 2007. Such reesti- fying drugs for import for personal use from struction of drugs under this section may be mate shall be equal to— an exporter registered with and approved by carried out without notice to the importer, (I) the total price of qualifying drugs im- the Food and Drug Administration under owner, or consignee of the drugs except as ported by each importer as reported under section 804 of the Federal Food, Drug, and required by section 801(g) or section 804(i)(2). clause (i); multiplied by Cosmetic Act, as added by this section, in- The issuance of receipts for the drugs, and (II) 3. cluding information on how to verify wheth- recordkeeping activities regarding the drugs, (iii) ADJUSTMENT.—The Secretary shall ad- er an exporter is registered and approved by may be carried out on a summary basis. just the fee due on April 1, 2007, from each use of the Internet website of the Food and ‘‘(2) OBJECTIVE OF PROCEDURES.—Proce- importer so that the aggregate total of fees Drug Administration and the toll-free tele- dures promulgated under paragraph (1) shall collected under subsection (e)(2) for fiscal phone number required by this title; be designed toward the objective of ensuring year 2007 does not exceed the total price of (2) that drugs that consumers attempt to that, with respect to efficiently utilizing qualifying drugs imported under subsection import from an exporter that is not reg- Federal resources available for carrying out (a) of such section 804 into the United States istered with and approved by the Food and this section, a substantial majority of ship- by registered importers during fiscal year Drug Administration can be seized by the 2007 as reestimated under clause (ii). ments of drugs subject to described in sub- United States Customs Service and de- section (c) are identified and destroyed. (D) ANNUAL REPORT.— stroyed, and that such drugs may be counter- ‘‘(e) EVIDENCE EXCEPTION.—Drugs may not (i) FOOD AND DRUG ADMINISTRATION.—Begin- feit, unapproved, unsafe, or ineffective; and be destroyed under subsection (c) to the ex- ning with fiscal year 2006, not later than 180 (3) with regard to the availability at do- days after the end of each fiscal year during tent that the Attorney General of the United mestic retail pharmacies of qualifying drugs States determines that the drugs should be which fees are collected under subsection (e), imported under such section 804 by domestic (f), or (g)(2)(B)(iv) of such section 804, the preserved as evidence or potential evidence wholesalers and pharmacies registered with Secretary shall prepare and submit to the with respect to an offense against the United and approved by the Food and Drug Adminis- House of Representatives and the Senate a States. tration. report on the implementation of the author- ‘‘(f) RULE OF CONSTRUCTION.—This section (h) EFFECT ON ADMINISTRATION PRAC- ity for such fees during such fiscal year and may not be construed as having any legal ef- TICES.—Notwithstanding any provision of fect on applicable law with respect to a ship- the use, by the Food and Drug Administra- this title (and the amendments made by this tion, of the fees collected for the fiscal year ment of drugs that is imported or offered for title), nothing in this title (or the amend- import into the United States and has a de- for which the report is made and credited to ments made by this title) shall be construed the Food and Drug Administration. clared value equal to or greater than to change, limit, or restrict the practices of $10,000.’’. (ii) CUSTOMS AND BORDER CONTROL.—Begin- the Food and Drug Administration or the (b) PROCEDURES.—Procedures for carrying ning with fiscal year 2006, not later than 180 Bureau of Customs and Border Protection in out section 805 of the Federal Food, Drug, days after the end of each fiscal year during effect on January 1, 2004, with respect to the and Cosmetic Act, as added by subsection which fees are collected under subsection (e) importation of prescription drugs into the (a), shall be established not later than 90 or (f) of such section 804, the Secretary of United States by an individual, on the per- days after the date of the enactment of this Homeland Security, in consultation with the son of such individual, for personal use. title. Secretary of the Treasury, shall prepare and (i) REPORT TO CONGRESS.—The Federal submit to the House of Representatives and Trade Commission shall, on an annual basis, (c) EFFECTIVE DATE.—The amendments the Senate a report on the use, by the Bu- submit to Congress a report that describes made by this section shall take effect on the reau of Customs and Border Protection, of any action taken during the period for which date that is 90 days after the date of enact- the fees, if any, transferred by the Secretary the report is being prepared to enforce the ment of this title. to the Bureau of Customs and Border Protec- provisions of section 804(n) of the Federal SEC. ll6. WHOLESALE DISTRIBUTION OF tion for the fiscal year for which the report Food, Drug, and Cosmetic Act (as added by DRUGS; STATEMENTS REGARDING is made. this title), including any pending investiga- PRIOR SALE, PURCHASE, OR TRADE. (10) SPECIAL RULE REGARDING IMPORTATION tions or civil actions under such section. (a) STRIKING OF EXEMPTIONS; APPLICABILITY BY INDIVIDUALS.— SEC. ll5. DISPOSITION OF CERTAIN DRUGS DE- TO REGISTERED EXPORTERS.—Section 503(e) of (A) IN GENERAL.—Notwithstanding any pro- NIED ADMISSION INTO UNITED the Federal Food, Drug, and Cosmetic Act vision of this title (or an amendment made STATES. (21 U.S.C. 353(e)) is amended— by this title), the Secretary shall designate (a) IN GENERAL.—Chapter VIII of the Fed- (1) in paragraph (1)— additional countries from which an indi- eral Food, Drug, and Cosmetic Act (21 U.S.C. (A) by striking ‘‘and who is not the manu- vidual may import a qualifying drug into the 381 et seq.), as amended by section ll3, is facturer or an authorized distributor of United States under such section 804 if any further amended by adding at the end the record of such drug’’; action implemented by the Government of following section: (B) by striking ‘‘to an authorized dis- Canada has the effect of limiting or prohib- ‘‘SEC. 805. DISPOSITION OF CERTAIN DRUGS DE- tributor of record or’’; and iting the importation of qualifying drugs NIED ADMISSION. (C) by striking subparagraph (B) and in- into the United States from Canada. ‘‘(a) IN GENERAL.—The Secretary of Home- serting the following: (B) TIMING AND CRITERIA.—The Secretary land Security shall deliver to the Secretary ‘‘(B) The fact that a drug subject to sub- shall designate such additional countries a shipment of drugs that is imported or of- section (b) is exported from the United under subparagraph (A)— fered for import into the United States if— States does not with respect to such drug ex- (i) not later than 6 months after the date of ‘‘(1) the shipment has a declared value of empt any person that is engaged in the busi- the action by the Government of Canada de- less than $10,000; and ness of the wholesale distribution of the drug scribed under such subparagraph; and ‘‘(2)(A) the shipping container for such from providing the statement described in (ii) using the criteria described under sub- drugs does not bear the markings required subparagraph (A) to the person that receives section (a)(4)(D)(i)(II) of such section 804. under section 804(d)(2); or the drug pursuant to the export of the drug.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.104 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8879 ‘‘(C)(i) The Secretary shall by regulation paragraph shall not apply with respect to a that are mailed or shipped pursuant to the establish requirements that supersede sub- wholesale distribution of such drug if the site, and each State in which the individual paragraph (A) (referred to in this subpara- drug is distributed by the manufacturer of is authorized by law to dispense prescription graph as ‘alternative requirements’) to iden- the drug to a person that distributes the drugs. tify the chain of custody of a drug subject to drug to a retail pharmacy for distribution to ‘‘(v) If the person provides for medical con- subsection (b) from the manufacturer of the the consumer or patient, with no other inter- sultations through the site for purposes of drug throughout the wholesale distribution vening transactions. providing prescriptions, the name of each in- of the drug to a pharmacist who intends to (C) LIMITATION.—The Secretary may make dividual who provides such consultations; sell the drug at retail if the Secretary deter- the determination under subparagraph (A) each State in which the individual is li- mines that the alternative requirements, with respect to not more than 50 drugs before censed or otherwise authorized by law to which may include standardized anti-coun- January 1, 2010. provide such consultations or practice medi- terfeiting or track-and-trace technologies, (4) EFFECT WITH RESPECT TO REGISTERED EX- cine; and the type or types of health profes- will identify such chain of custody or the PORTERS.—The amendment made by sub- sions for which the individual holds such li- identity of the discrete package of the drug section (a)(2) shall take effect on the date censes or other authorizations. from which the drug is dispensed with equal that is 90 days after the date of enactment of ‘‘(B) A link to which paragraph (1) applies or greater certainty to the requirements of this title. shall be displayed in a clear and prominent subparagraph (A), and that the alternative (5) ALTERNATIVE REQUIREMENTS.—The Sec- place and manner, and shall include in the requirements are economically and tech- retary shall issue regulations to establish caption for the link the words ‘licensing and nically feasible. the alternative requirements, referred to in contact information’. ‘‘(ii) When the Secretary promulgates a the amendment made by subsection (a)(1), ‘‘(b) INTERNET SALES WITHOUT APPRO- final rule to establish such alternative re- that take effect not later than— quirements, the final rule in addition shall, PRIATE MEDICAL RELATIONSHIPS.— (A) January 1, 2008, with respect to a pre- ‘‘(1) IN GENERAL.—Except as provided in with respect to the registration condition es- scription drug determined under paragraph tablished in clause (i) of section 804(c)(3)(B), paragraph (2), a person may not dispense a (3)(A) to be at high risk for being counter- prescription drug, or sell such a drug, if— establish a condition equivalent to the alter- feited; and native requirements, and such equivalent ‘‘(A) for purposes of such dispensing or (B) January 1, 2010, with respect to all sale, the purchaser communicated with the condition may be met in lieu of the registra- other prescription drugs. tion condition established in such clause person through the Internet; (6) INTERMEDIATE REQUIREMENTS.—With re- ‘‘(B) the patient for whom the drug was (i).’’; spect to the prescription drugs described (2) in paragraph (2)(A), by adding at the dispensed or purchased did not, when such under paragraph (5)(B), the Secretary shall communications began, have a prescription end the following: ‘‘The preceding sentence by regulation require the use of standardized may not be construed as having any applica- for the drug that is valid in the United anti-counterfeiting or track-and-trace tech- States; bility with respect to a registered exporter nologies on such prescription drugs at the under section 804.’’; and ‘‘(C) pursuant to such communications, the case and pallet level effective not later than person provided for the involvement of a (3) in paragraph (3), by striking ‘‘and sub- January 1, 2008. section (d)—’’ in the matter preceding sub- practitioner, or an individual represented by SEC. ll7. INTERNET SALES OF PRESCRIPTION the person as a practitioner, and the practi- paragraph (A) and all that follows through DRUGS. ‘‘the term ‘wholesale distribution’ means’’ in tioner or such individual issued a prescrip- (a) IN GENERAL.—Chapter V of the Federal subparagraph (B) and inserting the fol- tion for the drug that was purchased; Food, Drug, and Cosmetic Act (21 U.S.C. 351 lowing: ‘‘and subsection (d), the term ‘whole- ‘‘(D) the person knew, or had reason to et seq.) is amended by inserting after section sale distribution’ means’’. know, that the practitioner or the individual 503A the following: (b) CONFORMING AMENDMENT.—Section referred to in subparagraph (C) did not, when 503(d) of the Federal Food, Drug, and Cos- ‘‘SEC. 503B. INTERNET SALES OF PRESCRIPTION issuing the prescription, have a qualifying metic Act (21 U.S.C. 353(d)) is amended by DRUGS. medical relationship with the patient; and adding at the end the following: ‘‘(a) REQUIREMENTS REGARDING INFORMA- ‘‘(E) the person received payment for the ‘‘(4) Each manufacturer of a drug subject TION ON INTERNET SITE.— dispensing or sale of the drug. to subsection (b) shall maintain at its cor- ‘‘(1) IN GENERAL.—A person may not dis- For purposes of subparagraph (E), payment porate offices a current list of the authorized pense a prescription drug pursuant to a sale is received if money or other valuable con- distributors of record of such drug. of the drug by such person if— sideration is received. ‘‘(5) For purposes of this subsection, the ‘‘(A) the purchaser of the drug submitted ‘‘(2) EXCEPTIONS.—Paragraph (1) does not term ‘authorized distributors of record’ the purchase order for the drug, or conducted apply to— means those distributors with whom a manu- any other part of the sales transaction for ‘‘(A) the dispensing or selling of a prescrip- facturer has established an ongoing relation- the drug, through an Internet site; tion drug pursuant to telemedicine practices ship to distribute such manufacturer’s prod- ‘‘(B) the person dispenses the drug to the sponsored by— ucts.’’. purchaser by mailing or shipping the drug to ‘‘(i) a hospital that has in effect a provider (c) EFFECTIVE DATE.— the purchaser; and agreement under title XVIII of the Social (1) IN GENERAL.—The amendments made by ‘‘(C) such site, or any other Internet site Security Act (relating to the Medicare pro- paragraphs (1) and (3) of subsection (a) and used by such person for purposes of sales of gram); or by subsection (b) shall take effect on Janu- a prescription drug, fails to meet each of the ‘‘(ii) a group practice that has not fewer ary 1, 2010. requirements specified in paragraph (2), than 100 physicians who have in effect pro- (2) DRUGS IMPORTED BY REGISTERED IMPORT- other than a site or pages on a site that— vider agreements under such title; or ERS UNDER SECTION 804.—Notwithstanding ‘‘(i) are not intended to be accessed by pur- ‘‘(B) the dispensing or selling of a prescrip- paragraph (1), the amendments made by chasers or prospective purchasers; or tion drug pursuant to practices that promote paragraphs (1) and (3) of subsection (a) and ‘‘(ii) provide an Internet information loca- the public health, as determined by the Sec- by subsection (b) shall take effect on the tion tool within the meaning of section retary by regulation. date that is 90 days after the date of enact- 231(e)(5) of the Communications Act of 1934 ‘‘(3) QUALIFYING MEDICAL RELATIONSHIP.— ment of this title with respect to qualifying (47 U.S.C. 231(e)(5)). ‘‘(A) IN GENERAL.—With respect to issuing drugs imported under section 804 of the Fed- ‘‘(2) REQUIREMENTS.—With respect to an a prescription for a drug for a patient, a eral Food, Drug, and Cosmetic Act, as added Internet site, the requirements referred to in practitioner has a qualifying medical rela- by section ll4. subparagraph (C) of paragraph (1) for a per- tionship with the patient for purposes of this (3) HIGH-RISK DRUGS.— son to whom such paragraph applies are as section if— (A) IN GENERAL.—Notwithstanding para- follows: ‘‘(i) at least one in-person medical evalua- graph (1), the Secretary of Health and ‘‘(A) Each page of the site shall include ei- tion of the patient has been conducted by the Human Services (referred to in this section ther the following information or a link to a practitioner; or as the ‘‘Secretary’’) may apply the amend- page that provides the following informa- ‘‘(ii) the practitioner conducts a medical ments made by paragraphs (1) and (3) of sub- tion: evaluation of the patient as a covering prac- section (a) and by subsection (b) before Janu- ‘‘(i) The name of such person. titioner. ary 1, 2010, with respect to a prescription ‘‘(ii) Each State in which the person is au- ‘‘(B) IN-PERSON MEDICAL EVALUATION.—A drug if the Secretary— thorized by law to dispense prescription medical evaluation by a practitioner is an (i) determines that the drug is at high risk drugs. in-person medical evaluation for purposes of for being counterfeited; and ‘‘(iii) The address and telephone number of this section if the practitioner is in the phys- (ii) publishes the determination and the each place of business of the person with re- ical presence of the patient as part of con- basis for the determination in the Federal spect to sales of prescription drugs through ducting the evaluation, without regard to Register. the Internet, other than a place of business whether portions of the evaluation are con- (B) PEDIGREE NOT REQUIRED.—Notwith- that does not mail or ship prescription drugs ducted by other health professionals. standing a determination under subpara- to purchasers. ‘‘(C) COVERING PRACTITIONER.—With respect graph (A) with respect to a prescription ‘‘(iv) The name of each individual who to a patient, a practitioner is a covering drug, the amendments described in such sub- serves as a pharmacist for prescription drugs practitioner for purposes of this section if

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the practitioner conducts a medical evalua- cers of such State who are authorized by the PRACTICES AND PROCEDURES FOR CERTIFI- tion of the patient at the request of a practi- State to bring actions in such State on be- CATION OF LEGITIMATE BUSINESSES.—In car- tioner who has conducted at least one in-per- half of its residents. rying out section 503B of the Federal Food, son medical evaluation of the patient and is ‘‘(d) EFFECT OF SECTION.—This section Drug, and Cosmetic Act (as added by sub- temporarily unavailable to conduct the eval- shall not apply to a person that is a reg- section (a) of this section), the Secretary of uation of the patient. A practitioner is a cov- istered exporter under section 804. Health and Human Services shall take into ering practitioner without regard to whether ‘‘(e) GENERAL DEFINITIONS.—For purposes consideration the practices and procedures of the practitioner has conducted any in-person of this section: public or private entities that certify that medical evaluation of the patient involved. ‘‘(1) The term ‘practitioner’ means a prac- businesses selling prescription drugs through ‘‘(4) RULES OF CONSTRUCTION.— titioner referred to in section 503(b)(1) with Internet sites are legitimate businesses, in- ‘‘(A) INDIVIDUALS REPRESENTED AS PRACTI- respect to issuing a written or oral prescrip- cluding practices and procedures regarding TIONERS.—A person who is not a practitioner tion. disclosure formats and verification pro- (as defined in subsection (e)(1)) lacks legal ‘‘(2) The term ‘prescription drug’ means a grams. capacity under this section to have a quali- drug that is described in section 503(b)(1). (d) REPORTS REGARDING INTERNET-RELATED fying medical relationship with any patient. ‘‘(3) The term ‘qualifying medical relation- VIOLATIONS OF FEDERAL AND STATE LAWS ON ‘‘(B) STANDARD PRACTICE OF PHARMACY.— ship’, with respect to a practitioner and a pa- DISPENSING OF DRUGS.— Paragraph (1) may not be construed as pro- tient, has the meaning indicated for such (1) IN GENERAL.—The Secretary of Health hibiting any conduct that is a standard prac- term in subsection (b). and Human Services (referred to in this sub- tice in the practice of pharmacy. ‘‘(f) INTERNET-RELATED DEFINITIONS.— section as the ‘‘Secretary’’) shall, pursuant ‘‘(C) APPLICABILITY OF REQUIREMENTS.— ‘‘(1) IN GENERAL.—For purposes of this sec- to the submission of an application meeting Paragraph (3) may not be construed as hav- tion: the criteria of the Secretary, make an award ing any applicability beyond this section, ‘‘(A) The term ‘Internet’ means collec- of a grant or contract to the National Clear- and does not affect any State law, or inter- tively the myriad of computer and tele- inghouse on Internet Prescribing (operated pretation of State law, concerning the prac- communications facilities, including equip- by the Federation of State Medical Boards) tice of medicine. ment and operating software, which com- for the purpose of— ‘‘(c) ACTIONS BY STATES.— prise the interconnected world-wide network (A) identifying Internet sites that appear ‘‘(1) IN GENERAL.—Whenever an attorney of networks that employ the transmission to be in violation of Federal or State laws general of any State has reason to believe control protocol/internet protocol, or any concerning the dispensing of drugs; that the interests of the residents of that predecessor or successor protocols to such (B) reporting such sites to State medical State have been or are being threatened or protocol, to communicate information of all licensing boards and State pharmacy licens- adversely affected because any person has kinds by wire or radio. ing boards, and to the Attorney General and engaged or is engaging in a pattern or prac- ‘‘(B) The term ‘link’, with respect to the the Secretary, for further investigation; and tice that violates section 301(l), the State Internet, means one or more letters, words, (C) submitting, for each fiscal year for may bring a civil action on behalf of its resi- numbers, symbols, or graphic items that ap- which the award under this subsection is dents in an appropriate district court of the pear on a page of an Internet site for the pur- made, a report to the Secretary describing United States to enjoin such practice, to en- pose of serving, when activated, as a method investigations undertaken with respect to force compliance with such section (includ- for executing an electronic command— violations described in subparagraph (A). ing a nationwide injunction), to obtain dam- ‘‘(i) to move from viewing one portion of a (2) AUTHORIZATION OF APPROPRIATIONS.— ages, restitution, or other compensation on page on such site to another portion of the For the purpose of carrying out paragraph behalf of residents of such State, to obtain page; (1), there is authorized to be appropriated reasonable attorneys fees and costs if the ‘‘(ii) to move from viewing one page on $100,000 for each of the fiscal years 2005 through 2007. State prevails in the civil action, or to ob- such site to another page on such site; or tain such further and other relief as the (e) EFFECTIVE DATE.—The amendments ‘‘(iii) to move from viewing a page on one made by subsections (a) and (b) take effect 90 court may deem appropriate. Internet site to a page on another Internet ‘‘(2) NOTICE.—The State shall serve prior days after the date of enactment of this site. title, without regard to whether a final rule written notice of any civil action under para- ‘‘(C) The term ‘page’, with respect to the graph (1) or (5)(B) upon the Secretary and to implement such amendments has been Internet, means a document or other file promulgated by the Secretary of Health and provide the Secretary with a copy of its com- accessed at an Internet site. plaint, except that if it is not feasible for the Human Services under section 701(a) of the ‘‘(D)(i) The terms ‘site’ and ‘address’, with Federal Food, Drug, and Cosmetic Act. The State to provide such prior notice, the State respect to the Internet, mean a specific loca- shall serve such notice immediately upon in- preceding sentence may not be construed as tion on the Internet that is determined by affecting the authority of such Secretary to stituting such action. Upon receiving a no- Internet Protocol numbers. Such term in- tice respecting a civil action, the Secretary promulgate such a final rule. cludes the domain name, if any. SEC. ll8. PROHIBITING PAYMENTS TO UNREG- shall have the right— ‘‘(ii) The term ‘domain name’ means a ‘‘(A) to intervene in such action; ISTERED FOREIGN PHARMACIES. method of representing an Internet address (a) IN GENERAL.—Section 303 of the Federal ‘‘(B) upon so intervening, to be heard on all without direct reference to the Internet Pro- Food, Drug, and Cosmetic Act (21 U.S.C. 333) matters arising therein; and tocol numbers for the address, including is amended by adding at the end the fol- ‘‘(C) to file petitions for appeal. methods that use designations such as lowing: ‘‘(3) CONSTRUCTION.—For purposes of bring- ‘.com’, ‘.edu’, ‘.gov’, ‘.net’, or ‘.org’. ‘‘(g) RESTRICTED TRANSACTIONS.— ing any civil action under paragraph (1), ‘‘(iii) The term ‘Internet Protocol num- ‘‘(1) IN GENERAL.—The introduction of re- nothing in this chapter shall prevent an at- bers’ includes any successor protocol for de- stricted transactions into a payment system torney general of a State from exercising the termining a specific location on the Inter- or the completion of restricted transactions powers conferred on the attorney general by net. using a payment system is prohibited. the laws of such State to conduct investiga- ‘‘(2) AUTHORITY OF SECRETARY.—The Sec- ‘‘(2) PAYMENT SYSTEM.— tions or to administer oaths or affirmations retary may by regulation modify any defini- ‘‘(A) IN GENERAL.—The term ‘payment sys- or to compel the attendance of witnesses or tion under paragraph (1) to take into ac- tem’ means a system used by a person de- the production of documentary and other count changes in technology. scribed in subparagraph (B) to effect a credit evidence. ‘‘(g) INTERACTIVE COMPUTER SERVICE; AD- transaction, electronic fund transfer, or ‘‘(4) VENUE; SERVICE OF PROCESS.—Any civil VERTISING.—No provider of an interactive money transmitting service that may be action brought under paragraph (1) in a dis- computer service, as defined in section used in connection with, or to facilitate, a trict court of the United States may be 230(f)(2) of the Communications Act of 1934 restricted transaction, and includes— brought in the district in which the defend- (47 U.S.C. 230(f)(2)), or of advertising services ‘‘(i) a credit card system; ant is found, is an inhabitant, or transacts shall be liable under this section for dis- ‘‘(ii) an international, national, regional, business or wherever venue is proper under pensing or selling prescription drugs in vio- or local network used to effect a credit section 1391 of title 28, United States Code. lation of this section on account of another transaction, an electronic fund transfer, or a Process in such an action may be served in person’s selling or dispensing such drugs, money transmitting service; and any district in which the defendant is an in- provided that the provider of the interactive ‘‘(iii) any other system that is centrally habitant or in which the defendant may be computer service or of advertising services managed and is primarily engaged in the found. does not own or exercise corporate control transmission and settlement of credit trans- ‘‘(5) ACTIONS BY OTHER STATE OFFICIALS.— over such person.’’. actions, electronic fund transfers, or money ‘‘(A) Nothing contained in this section (b) INCLUSION AS PROHIBITED ACT.—Section transmitting services. shall prohibit an authorized State official 301 of the Federal Food, Drug, and Cosmetic ‘‘(B) PERSONS DESCRIBED.—A person re- from proceeding in State court on the basis Act (21 U.S.C. 331) is amended by inserting ferred to in subparagraph (A) is— of an alleged violation of any civil or crimi- after paragraph (k) the following: ‘‘(i) a creditor; nal statute of such State. ‘‘(l) The dispensing or selling of a prescrip- ‘‘(ii) a credit card issuer; ‘‘(B) In addition to actions brought by an tion drug in violation of section 503B.’’. ‘‘(iii) a financial institution; attorney general of a State under paragraph (c) INTERNET SALES OF PRESCRIPTION ‘‘(iv) an operator of a terminal at which an (1), such an action may be brought by offi- DRUGS; CONSIDERATION BY SECRETARY OF electronic fund transfer may be initiated;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.104 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8881 ‘‘(v) a money transmitting business; or ‘‘(ii) an operator of an international, na- gage in transactions with foreign pharmacies ‘‘(vi) a participant in an international, national, regional, or local network used to ef- in connection with investigating violations tional, regional, or local network used to effect a credit transaction, an electronic fund or potential violations of any rule or require- fect a credit transaction, electronic fund transfer, or a money transmitting service; ment adopted by the payment system or per- transfer, or money transmitting service. ‘‘(iii) an operator of any other payment son in connection with complying with para- ‘‘(3) RESTRICTED TRANSACTION.—The term system that is centrally managed and is pri- graph (7). A payment system, or such a per- ‘restricted transaction’ means a transaction marily engaged in the transmission and set- son, and its agents and employees shall not or transmittal, on behalf of an individual tlement of credit transactions, electronic be found to be in violation of, or liable who places an unlawful drug importation re- transfers or money transmitting services under, any federal, state or other law by vir- quest to any person engaged in the operation where at least one party to the transaction tue of engaging in any such transaction. of an unregistered foreign pharmacy, of— or transfer is an individual; and ‘‘(9) RELATION TO STATE LAWS.—No require- ‘‘(A) credit, or the proceeds of credit, ex- ‘‘(iv) any other person described in para- ment, prohibition, or liability may be im- tended to or on behalf of the individual for graph (2)(B) and specified by the Board in posed on a payment system, or a person de- the purpose of the unlawful drug importation such regulations, scribed in paragraph (2)(B) that is subject to request (including credit extended through to establish policies and procedures that are a regulation issued under this subsection, the use of a credit card); reasonably designed to prevent the introduc- under the laws of any state with respect to ‘‘(B) an electronic fund transfer or funds tion of a restricted transaction into a pay- any payment transaction by an individual transmitted by or through a money trans- ment system or the completion of a re- because the payment transaction involves a mitting business, or the proceeds of an elec- stricted transaction using a payment sys- payment to a foreign pharmacy. tronic fund transfer or money transmitting tem. ‘‘(10) TIMING OF REQUIREMENTS.—A payment service, from or on behalf of the individual ‘‘(B) REQUIREMENTS FOR POLICIES AND PRO- system, or a person described in paragraph for the purpose of the unlawful drug impor- CEDURES.—In promulgating regulations (2)(B) that is subject to a regulation issued tation request; under subparagraph (A), the Board shall— under this subsection, must adopt policies ‘‘(C) a check, draft, or similar instrument ‘‘(i) identify types of policies and proce- and procedures reasonably designed to com- which is drawn by or on behalf of the indi- dures, including nonexclusive examples, that ply with any regulations required under vidual for the purpose of the unlawful drug paragraph (7) within 60 days after such regu- importation request and is drawn on or pay- shall be considered to be reasonably designed to prevent the introduction of restricted lations are issued in final form.’’. able at or through any financial institution; (b) EFFECTIVE DATE.—The amendment or transactions into a payment system or the completion of restricted transactions using a made by this section shall take effect on the ‘‘(D) the proceeds of any other form of fi- day that is 90 days after the date of enact- nancial transaction (identified by the Board payment system; and ‘‘(ii) to the extent practicable, permit any ment of this title. by regulation) that involves a financial in- (c) IMPLEMENTATION.—The Board of Gov- payment system, or person described in para- stitution as a payor or financial inter- ernors of the Federal Reserve System shall mediary on behalf of or for the benefit of the graph (2)(B), as applicable, to choose among promulgate regulations as required by sub- individual for the purpose of the unlawful alternative means of preventing the intro- section (g)(7) of section 303 of the Federal drug importation request. duction or completion of restricted trans- Food, Drug, and Cosmetic Act (21 U.S.C. 333), ‘‘(4) UNLAWFUL DRUG IMPORTATION RE- actions. as added by subsection (a), not later than 90 QUEST.—The term ‘unlawful drug importa- ‘‘(C) NO LIABILITY FOR BLOCKING OR REFUS- days after the date of enactment of this tion request’ means the request, or trans- ING TO HONOR RESTRICTED TRANSACTION.— title. mittal of a request, made to an unregistered ‘‘(i) IN GENERAL.—A payment system, or a SEC. ll9. IMPORTATION EXEMPTION UNDER foreign pharmacy for a prescription drug by person described in paragraph (2)(B) that is CONTROLLED SUBSTANCES IMPORT mail (including a private carrier), facsimile, subject to a regulation issued under this sub- AND EXPORT ACT. phone, or electronic mail, or by a means that section, and any participant in such pay- Section 1006(a)(2) of the Controlled Sub- involves the use, in whole or in part, of the ment system that prevents or otherwise re- stances Import and Export Act (21 U.S.C. Internet. fuses to honor transactions in an effort to 956(a)(2)) is amended by striking ‘‘not import ‘‘(5) UNREGISTERED FOREIGN PHARMACY.— implement the policies and procedures re- the controlled substance into the United The term ‘unregistered foreign pharmacy’ quired under this subsection or to otherwise States in an amount that exceeds 50 dosage means a person in a country other than the comply with this subsection shall not be lia- units of the controlled substance.’’ and in- United States that is not a registered ex- ble to any party for such action. serting ‘‘import into the United States not porter under section 804. ‘‘(ii) COMPLIANCE.—A person described in more than 10 dosage units combined of all ‘‘(6) OTHER DEFINITIONS.— paragraph (2)(B) meets the requirements of such controlled substances.’’. ‘‘(A) CREDIT; CREDITOR; CREDIT CARD.—The this subsection if the person relies on and terms ‘credit’, ‘creditor’, and ‘credit card’ complies with the policies and procedures of SA 1533. Mr. MARTINEZ (for himself have the meanings given the terms in sec- a payment system of which the person is a and Mr. NELSON of Florida) submitted tion 103 of the Truth in Lending Act (15 member or in which the person is a partici- an amendment intended to be proposed U.S.C. 1602). pant, and such policies and procedures of the by him to the bill S. 1042, to authorize ‘‘(B) ACCESS DEVICE; ELECTRONIC FUND payment system comply with the require- appropriations for fiscal year 2006 for TRANSFER.—The terms ‘access device’ and ments of the regulations promulgated under military activities of the Department ‘electronic fund transfer’— subparagraph (A). of Defense, for military construction, ‘‘(i) have the meaning given the term in ‘‘(D) ENFORCEMENT.— section 903 of the Electronic Fund Transfer ‘‘(i) IN GENERAL.—This section shall be en- and for defense activities of the De- Act (15 U.S.C. 1693a); and forced by the Federal functional regulators partment of Energy, to prescribe per- ‘‘(ii) the term ‘electronic fund transfer’ and the Federal Trade Commission under ap- sonnel strengths for such fiscal year also includes any fund transfer covered plicable law in the manner provided in sec- for the Armed Forces, and for other under Article 4A of the Uniform Commercial tion 505(a) of the Gramm-Leach-Bliley Act purposes; which was ordered to lie on Code, as in effect in any State. (15 U.S.C. 6805(a)). the table; as follows: ‘‘(C) FINANCIAL INSTITUTION.—The term ‘fi- ‘‘(ii) FACTORS TO BE CONSIDERED.—In con- At the appropriate place insert the fol- nancial institution’— sidering any enforcement action under this lowing: ‘‘(i) has the meaning given the term in sec- subsection against a payment system or per- SENSE OF THE SENATE REGARDING OIL AND GAS tion 903 of the Electronic Transfer Fund Act son described in paragraph (2)(B), the Fed- EXPLORATION ON MILITARY OPERATIONS (15 U.S.C. 1693a); and eral functional regulators and the Federal ‘‘(ii) includes a financial institution (as de- Trade Commission shall consider the fol- (A) FINDINGS.—The Senate finds the fol- fined in section 509 of the Gramm-Leach-Bli- lowing factors: lowing: (1) Whereas the U.S. Air Force and Navy ley Act (15 U.S.C. 6809)). ‘‘(I) The extent to which the payment sys- conduct vital and critical national security ‘‘(D) MONEY TRANSMITTING BUSINESS; MONEY tem or person knowingly permits restricted preparedness missions in the Eastern Gulf of TRANSMITTING SERVICE.—The terms ‘money transactions. Mexico transmitting business’ and ‘money transmit- ‘‘(II) The history of the payment system or (2) Whereas the U.S. Air Force and Navy ting service’ have the meaning given the person in connection with permitting re- have had to move their live-fire training op- terms in section 5330(d) of title 31, United stricted transactions. erations from Vieques, Puerto Rico States Code. ‘‘(III) The extent to which the payment (3) Whereas these training operations are ‘‘(E) BOARD.—The term ‘Board’ means the system or person has established and is critical for the battle-preparedness of mili- Board of Governors of the Federal Reserve maintaining policies and procedures in com- tary personnel System. pliance with regulations prescribed under (4) Whereas the training areas for these ‘‘(7) POLICIES AND PROCEDURES REQUIRED TO this subsection. live-fire missions are restricted to an in- PREVENT RESTRICTED TRANSACTIONS.— ‘‘(8) TRANSACTIONS PERMITTED.—A payment creasingly limited area ‘‘(A) REGULATIONS.—The Board shall pro- system, or a person described in paragraph (5) Whereas a oil and gas exploration oper- mulgate regulations requiring— (2)(B) that is subject to a regulation issued ations in the vicinity of U.S. military train- ‘‘(i) an operator of a credit card system; under this subsection, is authorized to en- ing operations poses a risk to human life and

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.104 S25JYPT1 S8882 CONGRESSIONAL RECORD — SENATE July 25, 2005 an accident could threaten and impact coast- sonnel strengths for such fiscal year small business concerns participating in the al communities and beaches for the Armed Forces, and for other Small Business Innovation Research and (6) Where as military personnel have ex- purposes; which was ordered to lie on Small Business Technology Transfer Pro- pressed concerns with oil and gas operations the table; as follows: grams in accordance with requirements for impeding on their training in the Eastern such programs under section 9’’. Gulf of Mexico On page 220, strike lines 1 through 3, and (h) TESTING AND EVALUATION AUTHORITY.— (B) THE SENSE OF THE SENATE.—It is the insert the following: Section 9(e) of the Small Business Act (15 (e) COMMERCIALIZATION PILOT PROGRAM.— Sense of the Senate that oil and gas explo- U.S.C. 638(e)) is amended— (1) IN GENERAL.—The Secretary of Defense ration operations should not interfere with (1) in paragraph (7), by striking ‘‘and’’ at and each Secretary of a military depart- the training missions and operations of the the end; ment, until September 30, 2008, shall create Department of Defense. (2) in paragraph (8), by striking the period and administer a pilot program to accelerate at the end and inserting ‘‘; and’’; and the transition of technologies, products, and SA 1534. Mr. DEWINE (for himself, (3) by adding at the end the following: services developed under the Small Business ‘‘(9) the term ‘commercial applications’ in- Mr. BIDEN, and Mr. LIEBERMAN) sub- Innovation Research Program and the Small mitted an amendment intended to be cludes testing and evaluation of products, Business Technology Transfer Program to services, or technologies for use in technical proposed by him to the bill S. 1042, to Phase III of the applicable program. authorize appropriations for fiscal year or weapons systems.’’. (2) FUNDING.—For purposes of the pilot pro- (i) SMALL BUSINESS INNOVATION RESEARCH 2006 for military activities of the De- gram under this subsection, the Secretary of PROGRAM DEFINED.—In this section, the term partment of Defense, for military con- Defense and each Secretary of a military de- ‘‘Small Business Innovation Research Pro- struction, and for defense activities of partment is authorized to use not more than gram’’ has the meaning the Department of Energy, to prescribe an amount equal to 1 percent of the funds available to the Department of Defense or SA 1537. Ms. SNOWE submitted an personnel strengths for such fiscal year the military department to carry out the for the Armed Forces, and for other amendment intended to be proposed by Small Business Innovation Research Pro- her to the bill S. 1042, to authorize ap- purposes; which was ordered to lie on gram and the Small Business Technology the table; as follows: Transfer Program under subsections (f) and propriations for fiscal year 2006 for On page 286, between lines 7 and 8, insert (n) of section 9 of the Small Business Act (15 military activities of the Department the following: U.S.C. 638). of Defense, for military construction, SEC. 1073. EXPANSION OF EMERGENCY SERVICES (3) EXEMPTION.—The pilot program author- and for defense activities of the De- UNDER RECIPROCAL AGREEMENTS. ized by this subsection shall not be subject partment of Energy, to prescribe per- Subsection (b) of the first section of the to the limitations on the use of funds in sub- sonnel strengths for such fiscal year Act of May 27, 1955 (69 Stat. 66, chapter 105; sections (f)(2) and (n)(2) of section 9 of the for the Armed Forces, and for other 42 U.S.C. 1856(b)) is amended by striking Small Business Act (15 U.S.C. 638). purposes; which was ordered to lie on (4) REPORTS.— ‘‘and fire fighting’’ and inserting ‘‘, fire the table; as follows: fighting, and emergency services, including (A) IN GENERAL.—Once the Secretary of De- On page 220, strike lines 1 through 3, and basic and advanced life support, hazardous fense or the Secretary of a military depart- insert the following: material containment and confinement, and ment creates a pilot program under this sub- (e) COMMERCIALIZATION PILOT PROGRAM.— special rescue events involving vehicular and section, such Secretary shall submit to the (1) IN GENERAL.—The Secretary of Defense water mishaps, and trench, building, and Committee on Armed Services and the Com- and each Secretary of a military depart- confined space extractions’’. mittee on Small Business and Entrepreneur- ship of the Senate and the Committee on ment, until September 30, 2008, is authorized to create and administer a pilot program to SA 1535. Ms. SNOWE submitted an Armed Services and the Committee on Small Business of the House of Representatives at accelerate the transition of technologies, amendment intended to be proposed by products, and services developed under the her to the bill S. 1042, to authorize ap- the end of each fiscal year a report regarding the activities under the pilot program during Small Business Innovation Research Pro- propriations for fiscal year 2006 for the preceding year. gram and the Small Business Technology military activities of the Department (B) CONTENTS.—Each report under subpara- Transfer Program to Phase III of the applica- of Defense, for military construction, graph (A) shall include, for the year covered ble program. and for defense activities of the De- by such report— (2) FUNDING.—For purposes of the pilot pro- partment of Energy, to prescribe per- (i) an accounting of the funds used in any gram under this subsection, the Secretary of sonnel strengths for such fiscal year pilot program; Defense and each Secretary of a military de- (ii) a detailed description of the pilot pro- partment is authorized to use not more than for the Armed Forces, and for other an amount equal to 1 percent of the funds purposes; which was ordered to lie on gram; and (iii) a detailed compilation of results available to the Department of Defense or the table; as follows: achieved by such pilot program in terms of the military department to carry out the On page 213, between lines 2 and 3, insert businesses assisted and the number of inven- Small Business Innovation Research Pro- the following: tions transitioned. gram and the Small Business Technology SEC. 807. MODIFICATION OF LIMITATION ON CON- (f) AWARD INFLATION ADJUSTMENTS.—Sec- Transfer Program under subsections (f) and VERSION TO CONTRACTOR PER- tion 9 of the Small Business Act (15 U.S.C. (n) of section 9 of the Small Business Act (15 FORMANCE. 638) is amended— U.S.C. 638). Section 8014(a)(3) of the Department of De- (1) in subsection (j)(2)(D)— (3) EXEMPTION.—The pilot program author- fense Appropriations Act, 2005 (Public law (A) by striking ‘‘an increase to $100,000’’ ized by this subsection shall not be subject 108–287; 118 Stat. 972) is amended— and inserting the following: ‘‘a process to— to the limitations on the use of funds in sub- (1) in subparagraph (A), by inserting ‘‘, ‘‘(i) make an increase to $100,000’’; sections (f)(2) and (n)(2) of section 9 of the payment that could be used in lieu of such a (B) by striking ‘‘once every 5 years’’ and Small Business Act (15 U.S.C. 638). plan, health savings account, or medical sav- inserting the following: ‘‘under section 35A (4) REPORTS.— ings account’’ after ‘‘health insurance plan’’; of the Office of Federal Procurement Policy (A) IN GENERAL.—If the Secretary of De- and Act (41 U.S.C. 431a)’’; and fense or the Secretary of a military depart- (2) in subparagraph (B), by striking ‘‘that (C) by adding at the end the following: ment creates a pilot program under this sub- requires’’ and all that follows through the ‘‘(ii) permit the head of an agency to fur- section, such Secretary shall submit to the end of the subparagraph and inserting ‘‘that ther adjust the amount of funds an agency Committee on Armed Services and the Com- does not comply with the requirements of may award in the first and second phase of mittee on Small Business and Entrepreneur- any Federal law governing the provision of an SBIR program;’’; and ship of the Senate and the Committee on health care benefits by Government contrac- (2) in subsection (p)(2)(B)(ix)— Armed Services and the Committee on Small tors that would be applicable if the con- (A) by striking ‘‘and’’ before ‘‘2-year Business of the House of Representatives at tractor performed the activity or function awards’’; and the end of each fiscal year a report regarding under the contract.’’. (B) by inserting before ‘‘greater or lesser the activities under the pilot program during amounts’’ the following: ‘‘and an adjustment the preceding year. SA 1536. Ms. SNOWE submitted an of such amounts under section 35A of the Of- (B) CONTENTS.—Each report under subpara- amendment intended to be proposed by fice of Federal Procurement Policy Act (41 graph (A) shall include, for the year covered her to the bill S. 1042, to authorize ap- U.S.C. 431a),’’. by such report— propriations for fiscal year 2006 for (g) MENTOR-PROTEGE ASSISTANCE.—Section (i) an accounting of the funds used in any 8(d)(4)(E) of the Small Business Act (15 pilot program; military activities of the Department U.S.C. 637(d)(4)(E)) is amended by inserting (ii) a detailed description of the pilot pro- of Defense, for military construction, before the period at the end the following: ‘‘: gram; and and for defense activities of the De- Provided further, That Federal agencies are (iii) a detailed compilation of results partment of Energy, to prescribe per- encouraged to provide such incentives to achieved by such pilot program in terms of

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.105 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8883 businesses assisted and the number of inven- sonnel strengths for such fiscal year (d) COMPLEMENTARY AUTHORITY.—The au- tions transitioned. for the Armed Forces, and for other thority to provide assistance under this sec- (f) AWARD INFLATION ADJUSTMENTS.—Sec- purposes; which was ordered to lie on tion shall be in addition to any other author- tion 9 of the Small Business Act (15 U.S.C. the table; as follows: ity to provide assistance to a foreign coun- 638) is amended— try. (1) in subsection (j)(2)(D)— At the appropriate place insert: (e) EXPIRATION.—The authority in this sec- (A) by striking ‘‘an increase to $100,000’’ SEC. . BUILDING THE PARTNERSHIP SECURITY tion shall expire on September 30, 2006. and inserting the following: ‘‘a process to— CAPACITY OF FOREIGN MILITARY ‘‘(i) make an increase to $100,000’’; AND SECURITY FORCES. SA 1540. Ms. SNOWE (for herself and (B) by striking ‘‘once every 5 years’’ and (a) AUTHORITY.—The President may au- Mr. KERRY) submitted an amendment inserting the following: ‘‘under section 35A thorize building the capacity of partner na- intended to be proposed by her to the tions’ military or security forces to disrupt of the Office of Federal Procurement Policy bill S. 1042, to authorize appropriations Act (41 U.S.C. 431a)’’; and or destroy terrorist networks, close safe havens, or participate in or support United for fiscal year 2006 for military activi- (C) by adding at the end the following: ties of the Department of Defense, for ‘‘(ii) permit the head of an agency to fur- States, coalition, or international military ther adjust the amount of funds an agency or stability operations. military construction, and for defense may award in the first and second phase of (b) TYPES OF PARTNERSHIP SECURITY CA- activities of the Department of Energy, an SBIR program;’’; and PACITY BUILDING.—The partnership security to prescribe personnel strengths for (2) in subsection (p)(2)(B)(ix)— capacity building authorized under sub- such fiscal year for the Armed Forces, (A) by striking ‘‘and’’ before ‘‘2-year section (a) may include the provision of and for other purposes; which was or- equipment, supplies, services, training, and awards’’; and dered to lie on the table; as follows: (B) by inserting before ‘‘greater or lesser funding. (c) AVAILABILITY OF FUNDS.—The Secretary On page 237, after line 17, insert the fol- amounts’’ the following: ‘‘and an adjustment of Defense may, with the concurrence of the lowing: of such amounts under section 35A of the Of- Secretary of State, implement partnership SEC. 846. SMALL BUSINESS CONTRACTING IN fice of Federal Procurement Policy Act (41 security capacity building as authorized OVERSEAS PROCUREMENTS. U.S.C. 431a),’’. under section (a) including by transferring (a) CONGRESSIONAL FINDINGS AND REAFFIR- (g) MENTOR-PROTEGE ASSISTANCE.—Section MATION OF EXISTING POLICY.— 8(d)(4)(E) of the Small Business Act (15 funds available to the Department of Defense (1) FINDINGS.—Congress finds that— U.S.C. 637(d)(4)(E)) is amended by inserting to the Department of State, or to any other (A) small business contracting in support before the period at the end the following: ‘‘: federal agency. Any funds so transferred of overseas activities of the Federal Govern- Provided further, That Federal agencies are shall remain available until expended. The ment strengthens the trade posture of the encouraged to provide such incentives to amount of such partnership security capac- United States in the global marketplace; small business concerns participating in the ity building provided by the Department of (B) small business contractors are a vital Small Business Innovation Research and Defense under this section may not exceed component of the civilian and defense indus- Small Business Technology Transfer Pro- $750,000,000 in any fiscal year. (d) CONGRESSIONAL NOTIFICATION.—Before trial base, and they have provided out- grams in accordance with requirements for building partnership security capacity under standing value in support of the activities of such programs under section 9’’. this section, the Secretaries of State and De- the Federal Government domestically and (h) TESTING AND EVALUATION AUTHORITY.— internationally, especially in the inter- Section 9(e) of the Small Business Act (15 fense shall submit to their congressional national reconstruction, stabilization, and U.S.C. 638(e)) is amended— oversight committees a notification of the assistance activities in the Global War on (1) in paragraph (7), by striking ‘‘and’’ at nations designated by the President with Terror; the end; which partnership security capacity will be (C) maintaining a vital small business in- (2) in paragraph (8), by striking the period built under this section and the nature and dustrial base protects the Federal Govern- at the end and inserting ‘‘; and’’; and amounts of security capacity building to ment from higher costs and reduced innova- (3) by adding at the end the following: occur. Any such notification shall be build- tion that accompany undue consolidation of ‘‘(9) the term ‘commercial applications’ in- ing. submitted not less than 7 days before Government contracts; cludes testing and evaluation of products, the provision of such partnership security (D) Congress has a strong interest in pre- services, or technologies for use in technical capacity building. ILITARY AND SECURITY FORCES DE- serving the competitive nature of the Gov- or weapons systems.’’. (e) M FINED.—For purposes of this section, the ernment contracting marketplace, particu- (i) SMALL BUSINESS INNOVATION RESEARCH term ‘military and security forces’ includes larly with regard to performance of Federal PROGRAM DEFINED.—In this section, the term ‘‘Small Business Innovation Research Pro- armies, guard, border security, civil defense, contracts and subcontracts overseas; gram’’ has the meaning infrastructure protection, and police forces. (E) small business contractors suffer com- (f) COMPLEMENTARY AUTHORITY.—The au- petitive harm and the Federal Government SA 1538. Ms. SNOWE submitted an thority to build partnership security capac- suffers a needless reduction in competition amendment intended to be proposed by ity under this section is in addition to any and a needless shrinkage of its industrial other authority of the Department of De- base when Federal agencies exempt con- her to the bill S. 1042, to authorize ap- fense to provide assistance to a foreign coun- tracts and subcontracts awarded for perform- propriations for fiscal year 2006 for try. ance overseas from the application of the military activities of the Department SEC. . SECURITY AND STABILIZATION ASSIST- Small Business Act; of Defense, for military construction, ANCE. (F) small businesses desiring to support and for defense activities of the De- (a) IN GENERAL.—Notwithstanding any the troops deployed in the Global War on partment of Energy, to prescribe per- other provision of law, upon a request from Terror and the reconstruction of Iraq and Af- sonnel strengths for such fiscal year the Secretary of State and upon a deter- ghanistan have faced needless hurdles to for the Armed Forces, and for other mination by the Secretary of Defense that meaningful participation in Government an unforeseen emergency exists that requires contracts and subcontracts; and purposes; which was ordered to lie on immediate reconstruction, security, or sta- (G) Congress has a strong interest in hold- the table; as follows: bilization assistance to a foreign country for ing large prime contractors accountable for On page 237, after line 17, insert the fol- the purpose of restoring or maintaining fulfilling their subcontracting plans on over- lowing: peace and security in that country, and that seas assistance and reconstruction projects. SEC. 846. TERMINATION OF PROGRAM. the provision of such assistance is in the na- (2) REAFFIRMATION OF POLICY.—In light of Section 711(c) of the Small Business Com- tional security interests of the United the findings in paragraph (1), Congress reaf- petitive Demonstration Program Act of 1988 States, the Secretary of Defense may author- firms its policy contained in sections 2 and (15 U.S.C. 644 note) is amended by inserting ize the use or transfer of defense articles, 15 of the Small Business Act (15 U.S.C. 631, after ‘‘January 1, 1989’’ the following: ‘‘, and services, training or other support, including 644) and section 302 of the Small Business shall terminate on the date of enactment of support acquired by contract or otherwise, Economic Policy Act of 1980 (15 U.S.C. 631a) the National Defense Authorization Act for to provide such assistance. to promote international competitiveness of Fiscal Year 2006’’. (b) AVAILABILITY OF FUNDS.—Subject to United States small businesses and to ensure subsection (a), the Secretary of Defense may that small business concerns are awarded a SA 1539. Mr. INHOFE submitted an transfer funds available to the Department fair portion of all Federal prime contracts, amendment intended to be proposed by of Defense to the Department of State, or to and subcontracts, regardless of geographic him to the bill S. 1042, to authorize ap- any other federal agency, to carry out the area. propriations for fiscal year 2006 for purposes of this section, and funds so trans- (b) COMPLIANCE.—Not later than 270 days ferred shall remain available until expended. after the date of enactment of this Act, the military activities of the Department (c) LIMITATION.—The aggregate value of as- head of each Federal agency, office, and de- of Defense, for military construction, sistance provided or funds transferred under partment having jurisdiction over acquisi- and for defense activities of the De- the authority of this section may not exceed tion regulations shall conduct regulatory re- partment of Energy, to prescribe per- $200,000,000. views to ensure that such regulations require

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.115 S25JYPT1 S8884 CONGRESSIONAL RECORD — SENATE July 25, 2005 compliance with the Small Business Act in multiple-award contracts by civilian agen- for the Armed Forces, and for other Federal prime contracts and subcontracts, cies, as was previously increased for defense purposes; which was ordered to lie on regardless of the geographic place of award agencies in section 803 of the National De- the table; as follows: or performance, and shall promulgate any fense Authorization Act for Fiscal Year 2002 necessary conforming changes to such regu- (10 U.S.C. 2304 note). On page 237, after line 12, insert the fol- lations. (b) SMALL BUSINESS PARTICIPATION ASSUR- lowing: (c) COOPERATION WITH THE SMALL BUSINESS ANCES.—Section 15(j) of the Small Business SEC. 846. BATTLEFIELD SMALL BUSINESS CON- ADMINISTRATION.—The Administrator and Act (15 U.S.C. 644(j)) is amended— TRACTORS. the Chief Counsel for Advocacy of the Small (1) in paragraph (2), by striking ‘‘(2) In car- Section 3 of the Small Business Act (15 Business Administration shall be consulted rying out paragraph (1)’’ and inserting the U.S.C. 632) is amended by adding at the end: for recommendations concerning regulatory following: ‘‘(s) BATTLEFIELD SMALL BUSINESS CON- reviews and changes required by such re- ‘‘(3) In carrying out paragraphs (1) and TRACTORS.— views. (2)’’; ‘‘(1) IN GENERAL.—The Administrator (d) CONFLICTING PROVISIONS OF LAW.—In (2) in paragraph (3), by striking ‘‘(3) Noth- shall— conducting any regulatory review or promul- ing in paragraph (1)’’ and inserting: ‘‘(A) not later than 30 days after the date gating any changes required by a review, due ‘‘(4) Nothing in this subsection’’; and of enactment of the National Defense Au- note and recognition shall be given to the (3) by inserting after paragraph (1) the fol- thorization Act for Fiscal Year 2006, promul- specific requirements and procedures of any lowing: gate a regulation or issue an order excluding ‘‘(2)(A) In the case of orders under mul- other Federal statute or treaty which may receipts received by a small business concern tiple-award contracts, including Federal exempt any Federal prime contract or sub- as reimbursements for security services re- Supply Schedule contracts and multi-agency contract from the application of the Small lated to business operations of such small contracts, contracting officers shall consider Business Act in whole or in part. business concern under any Federal contract not fewer than 2 small business concerns, if (e) REPORT TO CONGRESSIONAL COMMIT- or subcontract performed in a qualified area such small business concerns can offer the TEES.—Not later than 1 year after the date of from applicable size standards; and items sought by the contracting officer on enactment of this Act, the Administrator ‘‘(B) not later than 180 days after the date terms that are competitive with respect to and the Chief Counsel for Advocacy of the of enactment of the National Defense Au- price, quality, and delivery schedule with the Small Business Administration shall submit thorization Act for Fiscal Year 2006, submit goods or services otherwise available in the to the Committee on Small Business and En- a report to the Committee on Small Business trepreneurship of the Senate and to the Com- market. ‘‘(B) If only 1 small business concern can and Entrepreneurship of the Senate and the mittee on Small Business of the House of Committee on Small Business of the House Representatives a report on the activities of satisfy the requirement, the contracting officer shall consider such small business con- of Representatives concerning the desir- Federal agencies, offices, and departments in ability and feasability of providing any other carrying out this section. cern in awarding the contract.’’. (c) COMPETITION REQUIREMENT FOR PUR- size standards exemptions for small business concerns working under Federal contracts or SA 1541. Ms. SNOWE (for herself and CHASE OF SERVICES PURSUANT TO MULTIPLE- AWARD CONTRACTS.—Not later than 180 days subcontracts in a qualified area. Mr. KERRY) submitted an amendment ‘‘(2) DEFINITION.—In this subsection, the intended to be proposed by her to the after the date of enactment of this Act, the Federal Acquisition Regulation shall be term ‘qualified area’ means— bill S. 1042, to authorize appropriations amended to promote competition in mul- ‘‘(A) Iraq, for fiscal year 2006 for military activi- tiple-award contracts by civilian agencies on ‘‘(B) Afghanistan, and ties of the Department of Defense, for the same terms as are applicable to the De- ‘‘(C) any foreign country which included a military construction, and for defense partment of Defense and defense agencies combat zone, as that term is defined in sec- activities of the Department of Energy, pursuant to section 803 of the National De- tion 112(c)(2) of the Internal Revenue Code of fense Authorization Act for Fiscal Year 2002 1986, at the time of performance of the rel- to prescribe personnel strengths for evant Federal contract or subcontract.’’. such fiscal year for the Armed Forces, (10 U.S.C. 2304 note). (d) REPORT REQUIREMENT.— and for other purposes; which was or- (1) IN GENERAL.—Not less frequently than SA 1543. Mr. DOMENICI (for himself dered to lie on the table; as follows: once every 180 days, the Administrator of the and Mr. GRAHAM) submitted an amend- On page 237, after line 17, insert the fol- Small Business Administration shall submit ment intended to be proposed by him lowing: a report on the level of participation of small to the bill S. 1042, to authorize appro- SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD business concerns in multiple-award con- priations for fiscal year 2006 for mili- CONTRACTS. tracts, including Federal Supply Schedule (a) FINDINGS AND REAFFIRMATIONS OF CON- contracts, to— tary activities of the Department of GRESSIONAL POLICY.— (A) the Administrator, Office for Federal Defense, for military construction, and (1) FINDINGS.—Congress finds that— Procurement Policy; for defense activities of the Depart- (A) multiple-award contracts have in- (B) the Committee on Small Business and ment of Energy, to prescribe personnel creased administrative efficiency in Govern- Entrepreneurship of the Senate; and strengths for such fiscal year for the ment procurement; (C) the Committee on Small Business of Armed Forces, and for other purposes; (B) at the same time, small businesses and the House of Representatives. which was ordered to lie on the table; firms new to Government contracting have (2) CONTENTS.—Each report submitted as follows: experienced problems with transparency and under paragraph (1) shall contain, for the 6- fairness in gaining access to multiple-award month reporting period— On page 372, line 3, insert after contracts; (A) the total number of multiple-award ‘‘$1,637,239,000’’ the following: ‘‘, of which (C) data presented before the Acquisition contracts; amount $338,565,000 shall be available for Advisory Panel for the Office of Federal Pro- (B) the total number of small business con- project 99–D–143, the Mixed Oxide Fuel Fab- curement Policy indicates that the small cerns that received multiple-award con- rication Facility, Savannah River Site, business share of sales under the Federal tracts; Aiken, South Carolina, and $24,000,000 shall Supply Schedules amounts to less than half (C) the total number of orders; be available for project 99–D–141, the Pit Dis- of the small business share of Federal Supply (D) the total value of orders; assembly and Conversion Facility, Savannah Schedule contracts; (E) the number of orders received by small River Site, Aiken, South Carolina’’. (D) Federal contracting officials incor- business concerns; rectly persist in limiting competition under (F) the value of orders received by small SA 1544. Mr. DOMENICI (for himself the Federal Supply Schedule acquisitions to business concerns; and Mr. BINGAMAN) submitted an no more than 3 bidders; and (G) the number of small business concerns amendment intended to be proposed by (E) the small business reservation and that received orders; and him to the bill S. 1042, to authorize ap- greater notice requirements will promote (H) such other information that may be propriations for fiscal year 2006 for greater and fairer access to multiple-award relevant. contracts. military activities of the Department (2) CONGRESSIONAL POLICY.— SA 1542. Ms. SNOWE submitted an of Defense, for military construction, (A) IN GENERAL.—Congress reaffirms its amendment intended to be proposed by and for defense activities of the De- policy stated in section 15(j) of the Small her to the bill S. 1042, to authorize ap- partment of Energy, to prescribe per- Business Act (15 U.S.C. 644(j)), to provide a propriations for fiscal year 2006 for sonnel strengths for such fiscal year small business reservation for all contracts military activities of the Department for the Armed Forces, and for other below the simplified acquisition threshold, purposes; which was ordered to lie on specifically including Federal Supply Sched- of Defense, for military construction, ule contracts and multi-agency contracts. and for defense activities of the De- the table; as follows: (B) MULTIPLE-AWARD CONTRACTS.—Congress partment of Energy, to prescribe per- At the end of subtitle B of title II, add the favors increasing competition in the use of sonnel strengths for such fiscal year following:

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.109 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8885 SEC. 213. LONG WAVELENGTH ARRAY LOW FRE- by her to the bill S. 1042, to authorize (4) Procurement of other upgrades to Pred- QUENCY RADIO ASTRONOMY IN- appropriations for fiscal year 2006 for ator MQ–1 Ground Control Stations, spares, STRUMENTS. and signals intelligence packages. (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- military activities of the Department of Defense, for military construction, SEC. 1405A. REDUCTION IN AUTHORIZATION OF VELOPMENT, TEST, AND EVALUATION, NAVY.— APPROPRIATIONS FOR IRAQ FREE- The amount authorized to be appropriated and for defense activities of the De- DOM FUND. by section 201(2) for research, development, partment of Energy, to prescribe per- The amount authorized to be appropriated test, and evaluation for the Navy is hereby sonnel strengths for such fiscal year for fiscal year 2006 for the Iraq Freedom increased by $6,000,000. for the Armed Forces, and for other Fund is the amount specified by section (b) AVAILABILITY OF AMOUNT.— 1409(a) of this Act, reduced by $218,500,000. (1) IN GENERAL.—Of the amount authorized purposes; which was ordered to lie on to be appropriated by section 201(2) for re- the table; as follows: SA 1549. Mr. JEFFORDS submitted search, development, test, and evaluation for At the end of subtitle C of title III, add the an amendment intended to be proposed the Navy, as increased by subsection (a), following: by him to the bill S. 1042, to authorize $6,000,000 may be available for research and SEC. 330. TRAINING SUPPORT EQUIPMENT FOR appropriations for fiscal year 2006 for development on Long Wavelength Array low THE MARINE CORPS RESERVE. military activities of the Department frequency radio astronomy instruments. (a) ADDITIONAL AMOUNT FOR OPERATION AND of Defense, for military construction, (2) CONSTRUCTION WITH OTHER AMOUNTS.— MAINTENANCE, MARINE CORPS.—The amount The amount available under paragraph (1) authorized to be appropriated by section and for defense activities of the De- for the purpose set forth in that paragraph is 301(3) for operation and maintenance for the partment of Energy, to prescribe per- in addition to any other amounts available Marine Corps is hereby increased by sonnel strengths for such fiscal year under this Act for that purpose. $20,379,000. for the Armed Forces, and for other (c) OFFSET.—The amount authorized to be (b) AVAILABILITY OF AMOUNT.— purposes; which was ordered to lie on appropriated by section 301(1) for operation (1) IN GENERAL.—Of the amount authorized the table; as follows: and maintenance for the Army is hereby re- to be appropriated by section 301(3) for oper- At the end of subtitle G of title X, insert duced by $6,000,000. ation and maintenance for the Marine Corps, the following: as increased by subsection (a), $20,379,000 SA 1545. Mr. DOMENICI submitted an SEC. 1073. PILOT PROGRAMS FOR USE OF LEAVE may be available for training support equip- BY SPOUSES OF INDIVIDUALS PER- amendment intended to be proposed by ment for the Marine Corps Reserve, includ- FORMING NATIONAL GUARD OR RE- him to the bill S. 1042, to authorize ap- ing the procurement of the following: SERVE SERVICE. propriations for fiscal year 2006 for (A) Improved load bearing equipment (a) SHORT TITLE.—This section may be military activities of the Department (ILBE). cited as the ‘‘National Guard and Reserve of Defense, for military construction, (B) Lightweight helmets (LWH). Service Leave Act of 2005’’. and for defense activities of the De- (C) Goggles and spectacles under of the (b) FEDERAL EMPLOYEES PROGRAM.— military eye protection system (MEPS). (1) DEFINITIONS.—In this subsection: partment of Energy, to prescribe per- (A) AGENCY.—The term ‘‘agency’’ means an sonnel strengths for such fiscal year (D) Outer tactical vests (OTV). (E) Full spectrum battle equipment Executive agency that employs an employee. for the Armed Forces, and for other (FSBE) for individuals and platoons. (B) COVERED PERIOD OF SERVICE.—The term purposes; which was ordered to lie on (F) Combat assault slings (CAS). ‘‘covered period of service’’ means any period the table; as follows: (G) Individual first aid kits (IFAK). of service performed by the spouse of an em- At the end of subtitle A of title V, add the (H) Individual water purification (IWP) ployee while that spouse— following: systems. (i) is a member of a reserve component of SEC. 509. RETIRED RANK OF VICE ADMIRAL FOR (I) Field tarps. the Armed Forces as described under section CHIEF OF NAVAL RESEARCH AFTER (J) All purpose environmental clothing. 10101 of title 10, United States Code; and CERTAIN YEARS OF SERVICE IN PO- (K) Extended cold weather (APEC) gortex (ii) is serving on active duty in the Armed SITION. clothing. Forces in support of a contingency operation Section 5022(a) of title 10, United States (L) Reversible helmet covers (RHC). as defined under section 101(a)(13) of title 10, Code, is amended by adding at the end the (M) Small arms protective insert (SAPI) United States Code. following new paragraph: plates. (C) EMPLOYEE.—The term ‘‘employee’’ has ‘‘(3) An officer who is retired after com- (2) SUPPLEMENT NOT SUPPLANT.—Amounts the meaning given under section 6331 of title pleting service as Chief of Naval Research available under paragraph (1) for purposes 5, United States Code. and serving in such position in the grade of specified in that paragraph are in addition to (D) EXECUTIVE AGENCY.—The term ‘‘Execu- rear admiral (upper half) may, at the discre- any other amounts available in this Act for tive agency’’ has the meaning given under tion of the President, be retired with the such purposes. section 105 of title 5, United States Code. rank and grade of vice admiral. If so retired (2) ESTABLISHMENT OF PROGRAM.—The Of- in the grade of vice admiral, the officer is en- SA 1548. Mr. CONRAD submitted an fice of Personnel Management shall establish titled to the retired pay of that grade, unless a pilot program to authorize an employee entitled to higher pay under another provi- amendment intended to be proposed by him to the bill S. 1042, to authorize ap- to— sion of law.’’. (A) use any sick leave of that employee propriations for fiscal year 2006 for Mr. DOMENICI (for himself, during a covered period of service in the SA 1546. military activities of the Department same manner and to the same extent as an- Mrs. HUTCHISON, and Mr. BINGAMAN) of Defense, for military construction, nual leave is used; and submitted an amendment intended to and for defense activities of the De- (B) use any leave available to that em- be proposed by him to the bill S. 1042, partment of Energy, to prescribe per- ployee under subchapter III or IV of chapter to authorize appropriations for fiscal sonnel strengths for such fiscal year 63 of title 5, United States Code, during a year 2006 for military activities of the for the Armed Forces, and for other covered period of service as though that cov- Department of Defense, for military purposes; which was ordered to lie on ered period of service is a medical emergency. construction, and for defense activities the table; as follows: of the Department of Energy, to pre- (3) AGENCY PARTICIPATION.—Agencies may On page 305, strike line 2 and all that fol- apply to the Office of Personnel Management scribe personnel strengths for such fis- lows through line 6, and insert the following: to participate in the pilot program under cal year for the Armed Forces, and for (a) IN GENERAL.—Funds are hereby author- this subsection. The Office of Personnel Man- other purposes; which was ordered to ized to be appropriated for fiscal year 2006 for agement shall select at least 5 agencies to lie on the table; as follows: the procurement accounts for the Air Force participate in the pilot program. For pur- At the end of subtitle G of title X, add the in the amounts as follows: poses of this paragraph the Office of Per- following: (1) For aircraft, $323,200,000. sonnel Management may treat any office or SEC. 1073. ELIMINATION OF THE 2-YEAR WAIT (2) For other procurement, $51,900,000. other organizational entity within an agency OUT PERIOD FOR GRANT RECIPI- (b) AVAILABILITY OF CERTAIN AMOUNTS.—Of as an agency. ENTS. the amounts authorized to be appropriated (4) REGULATIONS.—Not later than 120 days Section 504(a) of the Higher Education Act by subsection (a)(1), $218,500,000 shall be after the date of enactment of this Act, the of 1965 (20 U.S.C. 1101c(a)) is amended— available for purposes as follows: Office of Personnel Management shall pre- (1) by striking ‘‘PERIOD.—’’ and all that fol- (1) Procurement of Predator MQ-1 air vehi- scribe regulations to carry out this sub- lows through ‘‘The Secretary’’ and inserting cles, initial spares, and RSP kits. section. ‘‘PERIOD.—The Secretary’’; and (2) Procurement of Containerized Dual (5) TERMINATION.—The pilot program under (2) by striking paragraph (2). Control Station Launch and Recovery Ele- this subsection shall terminate on December ments. 31, 2007. SA 1547. Ms. LANDRIEU submitted (3) Procurement of a Fixed Ground Control (c) VOLUNTARY PRIVATE SECTOR LEAVE an amendment intended to be proposed Station. PROGRAM.—

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(1) DEFINITIONS.—In this subsection: Authorization Act for Fiscal Year 2003 (Pub- DIVISION D—CERTAIN MERGERS, (A) COVERED PERIOD OF SERVICE.—The term lic Law 107–306; 116 Stat. 2393), shall— ACQUISITIONS, AND TAKEOVERS ‘‘covered period of service’’ means any period (1) identify several foreign languages that TITLE XLI—MERGERS, ACQUISITIONS, of service performed by the spouse of an em- are critical for the national security of the AND TAKEOVERS ployee while that spouse— United States and the relative priority of SEC. 4101. DEFENSE PRODUCTION ACT. (i) is a member of a reserve component of each such language; (a) IN GENERAL.—Section 721 of the Defense the Armed Forces as described under section (2) identify United States citizens with ad- Production Act (50 U.S.C. App. 2170) is 10101 of title 10, United States Code; and vanced levels of proficiency in those foreign amended— (ii) is serving on active duty in the Armed languages who would be available to perform (1) by redesignating subsections (g) and (h) Forces in support of a contingency operation the services and duties referred to in sub- as subsections (i) and (j), respectively; and as defined under section 101(a)(13) of title 10, section (a); (2) by inserting after subsection (f) the fol- United States Code. (3) cooperate with other Federal agencies lowing: (B) EMPLOYEE.—The term ‘‘employee’’ with national security responsibilities to im- ‘‘(g) NOTIFICATION AND INVESTIGATION.— means an employee of a business entity par- plement a procedure for calling for the per- ‘‘(1) NOTIFICATION.— ticipating in the program under this sub- formance of the services and duties referred ‘‘(A) IN GENERAL.—Any entity described in section. to in subsection (a); and subparagraph (B) shall notify the President (2) ESTABLISHMENT OF PROGRAM.— (4) implement a call for the performance of at least 60 days before a proposed merger, ac- (A) IN GENERAL.—The Secretary of Labor such services and duties. quisition, or takeover described in subpara- shall establish a pilot program to authorize (c) CONTRACT AUTHORITY.—In establishing graph (B)(ii). employees of business entities described the Civilian Linguist Reserve Corps, the Sec- ‘‘(B) ENTITY DESCRIBED.—An entity de- under paragraph (3) to use sick leave, or any retary may enter into contracts with appro- scribed in this subparagraph is an entity other leave available to an employee, during priate agencies or entities. that— a covered period of service in the same man- ‘‘(i) is controlled by, or acting on behalf of, ner and to the same extent as annual leave (d) FEASIBILITY STUDY.—During the course a foreign government; and (or its equivalent) is used. of the pilot project, the Secretary shall con- ‘‘(ii) seeks to engage in a merger, acquisi- (B) EXCEPTION.—Subparagraph (A) shall duct a study of the best practices in imple- tion, or takeover of a United States entity not apply to leave made available under the menting the Civilian Linguist Reserve Corps, that has energy assets valued at $1,000,000,000 Family and Medical Leave Act of 1993 (29 including— or more, that could result in control of a per- U.S.C. 2601 et seq.). (1) administrative structure; son engaged in interstate commerce in the (3) VOLUNTARY BUSINESS PARTICIPATION.— (2) languages to be offered; United States that could affect the national The Secretary of Labor shall solicit business (3) number of language specialists needed security of the United States. entities to voluntarily participate in the for each language; ‘‘(2) INVESTIGATION.—A mandatory inves- pilot program under this subsection. (4) Federal agencies who may need lan- tigation under subsection (b) shall be re- (4) REGULATIONS.—Not later than 120 days guage services; quired in the case of a merger, acquisition, after the date of enactment of this Act, the (5) compensation and other operating or takeover described in paragraph (1)(B)(ii) Secretary of Labor shall prescribe regula- costs; by an entity described in paragraph (1)(B). tions to carry out this subsection. (6) certification standards and procedures; ‘‘(h) PRESIDENT’S DESIGNEE DEFINED.—In (5) TERMINATION.—The pilot program under (7) security clearances; this section, the term ‘President’s designee’ this subsection shall terminate on December (8) skill maintenance and training; and means the Secretary of Commerce, the Sec- 31, 2007. (9) the use of private contractors to supply retary of Defense, the Secretary of Homeland (d) GAO REPORT.—Not later than December language specialists. Security, the Secretary of State, the Sec- 31, 2006, the Government Accountability Of- retary of the Treasury, the Attorney Gen- fice shall submit a report to Congress on the (e) REPORTS.— (1) EVALUATION REPORTS.— eral, the Director of National Intelligence, programs under subsections (a) and (b) that and appropriate employees of the Executive includes— (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and Office of the President.’’. (1) an evaluation of the success of each pro- (b) NOTIFICATION.—Section 721(i) of the De- gram; and annually thereafter until the expiration of the 3-year period beginning on such date of fense Production Act (50 U.S. C. App. 2170), (2) recommendations for the continuance as redesignated by subsection (a)(1), is or termination of each program. enactment, the Secretary shall submit to Congress an evaluation report on the pilot amended— project conducted under this section. (1) by striking ‘‘The President’’ and insert- SA 1550. Mr. FEINGOLD submitted ing ‘‘(1) REPORT ON ACTION.—The President’’; an amendment intended to be proposed (B) CONTENTS.—Each report required under subparagraph (A) shall contain information and by him to the bill S. 1042, to authorize on the operation of the pilot project, the suc- (2) by adding at the end the following: appropriations for fiscal year 2006 for cess of the pilot project in carrying out the ‘‘(2) REPORT ON NOTIFICATION.—The Presi- military activities of the Department objectives of the establishment of a Civilian dent shall immediately transmit to the Sec- of Defense, for military construction, Linguist Reserve Corps, and recommenda- retary of the Senate and the Clerk of the and for defense activities of the De- tions for the continuation or expansion of House of Representatives written notifica- the pilot project. tion as soon as the President receives a noti- partment of Energy, to prescribe per- fication under subsection (b) or (g).’’. (2) FINAL REPORT.—Not later than 6 months sonnel strengths for such fiscal year (c) FACTORS TO BE CONSIDERED.—Section after the completion of the pilot project, the for the Armed Forces, and for other 721(f) of the Defense Production Act (50 Secretary shall submit to Congress a final U.S.C. App. 2170(f)) is amended— purposes; which was ordered to lie on report summarizing the lessons learned, best (1) by striking ‘‘and’’ at end of paragraph the table; as follows: practices, and recommendations for full im- (4); On page 48, line 21, strike ‘‘$18,584,469,000’’ plementation of the Civilian Linguist Re- (2) by striking the period at the end of and insert ‘‘$18,581,369,000’’. serve Corps. At the appropriate place, insert the fol- paragraph (5) and inserting ‘‘;’’; and lowing: (f) AUTHORIZATION OF APPROPRIATIONS.— (3) by adding at the end the following: There are authorized to be appropriated ‘‘(6) the robust and expanding defense capa- SEC. ll. PILOT PROJECT FOR CIVILIAN LIN- GUIST RESERVE CORPS. $3,100,000 for fiscal year 2006 to carry out the bilities of the country in which the acquiring (a) ESTABLISHMENT.—The Secretary of De- pilot project under this section. entity is located; and fense (referred to in this section as the ‘‘Sec- ‘‘(7) the nature of the bilateral relationship retary’’), through the National Security with the country in which the acquiring en- Education Program, shall conduct a 3-year SA 1551. Mr. BAYH submitted an tity is located.’’. pilot project to establish the Civilian Lin- amendment intended to be proposed by guist Reserve Corps, which shall be com- him to the bill S. 1042, to authorize ap- SA 1552. Mrs. LINCOLN submitted an posed of United States citizens with ad- propriations for fiscal year 2006 for amendment intended to be proposed by vanced levels of proficiency in foreign lan- military activities of the Department her to the bill S. 1042, to authorize ap- guages who would be available, upon request of Defense, for military construction, propriations for fiscal year 2006 for from the President, to perform any services and for defense activities of the De- military activities of the Department or duties with respect to such foreign lan- of Defense, for military construction, partment of Energy, to prescribe per- guages in the Federal Government as the and for defense activities of the De- sonnel strengths for such fiscal year President may require. partment of Energy, to prescribe per- (b) IMPLEMENTATION.—In establishing the for the Armed Forces, and for other sonnel strengths for such fiscal year Civilian Linguist Reserve Corps, the Sec- purposes; which was ordered to lie on for the Armed Forces, and for other retary, after reviewing the findings and rec- the table; as follows: ommendations contained in the report re- purposes; which was ordered to lie on quired under section 325 of the Intelligence At the end, add the following: the table; as follows:

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.110 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8887 At the appropriate place, insert the fol- cles to a single reentry vehicle system, a its stockpiles of weapons-usable nuclear ma- lowing: process known as downloading. terials. SEC. ll. INCLUSION OF VA HEALTH BENEFITS (2) Through the downloading process and (5) It is the stated goal of the Department HOTLINE INFORMATION IN SOCIAL the elimination of the Peacekeeper (MX) of Energy to complete comprehensive secu- SECURITY BENEFIT DECISION AND intercontinental ballistic missile, the United rity and accountability upgrades through ADJUSTMENT NOTICES AND AC- States is now transitioning to a land-based programs under the Soviet Nuclear Threat COUNT STATEMENTS. intercontinental ballistic missile force of 500 Reduction Act of 1991 for all of the former (a) BENEFIT DECISION AND ADJUSTMENT NO- Minuteman III missiles, each equipped with weapons-usable nuclear material in the So- TICES.—Section 205(s) of the Social Security a single nuclear warhead. viet Union by 2008. However, after 13 years of Act (42 U.S.C. 405(s)) is amended— (3) A series of Department of Defense stud- work, less than 50 percent of such nuclear (1) in the first sentence— ies of United States strategic forces has con- materials and warheads have received basic (A) by striking ‘‘(1)’’ and inserting ‘‘(i)’’; firmed the need for 500 Minuteman III mis- cooperative security upgrades, and only 26 (B) by striking ‘‘(2)’’ and inserting ‘‘(ii)’’; siles with a single warhead, including the percent have received comprehensive up- and 1993 Nuclear Posture Review, the 2001 Nu- grades. (C) by inserting ‘‘(1)(A)’’ after ‘‘(s)’’; clear Posture Review, and an ongoing assess- (6) Acquiring fissile materials is the most (2) in the second sentence— ment by retired General Larry Welch. difficult step for terrorists seeking to build a (A) by inserting ‘‘(B)’’ before ‘‘In’’; and (4) In a potential nuclear crisis it is impor- nuclear weapon, and also the easiest step for (B) by striking ‘‘paragraph (2)’’ and insert- tant that the nuclear weapons systems of the the United States and friendly nations to ing ‘‘clause (ii) of subparagraph (A)’’; and United States be configured so as to discour- stop, making control over fissile material (3) by adding at the end the following: age other nations from making a first strike, the first and best line of defense for pre- ‘‘(2) The Commissioner of Social Security and downloading Minuteman III missiles fur- venting terrorist groups from using nuclear shall ensure that any such notice which is a ther reduces the likelihood of any country weapons. notice of a decision regarding an application preemptively attacking the intercontinental (7) It has now been nearly 10 years since for benefits under this title, or a notice of an ballistic missile force of the United States. Congress first received testimony about the adjustment to benefits paid under this title, (5) The intercontinental ballistic missile risk of theft of nuclear material in the includes the following statement: force is currently being considered as part of former Soviet Union. ‘‘If you are a veteran, you may be eligible the deliberations of the Department of De- (8) Statements by Osama bin Laden and for comprehensive health benefits (hospital fense for the Quadrennial Defense Review. other terrorist leaders have made it clear care, outpatient services, prescription medi- (b) STATEMENT OF UNITED STATES POLICY.— that terrorists will stop at nothing to obtain cations, and more) from the Department of It is the policy of the United States to con- nuclear weapons material and capability. Veterans Affairs (VA). For more information tinue to transition to an intercontinental (9) In February 2005 Porter Goss, Director on eligibility, benefits, co-payments, and VA ballistic missile force with 500 missiles each of the Central Intelligence Agency, testified health care facilities, please call the VA, equipped with a single nuclear warhead. that sufficient Russian nuclear material was toll-free, at 1–877–222–VETS(8387).’’’. (c) MOSCOW TREATY DEFINED.—In this sec- unaccounted for to enable terrorists to build (b) SOCIAL SECURITY ACCOUNT STATE- tion, the term ‘‘Moscow Treaty’’ means the a nuclear weapon. MENTS.—Section 1143(a)(2) of the Social Secu- Treaty Between the United States of Amer- (10) The September 11, 2001, terrorist at- rity Act (42 U.S.C. 1320b–13(a)(2)) is amend- ica and the Russian Federation on Strategic tacks on the United States highlighted the ed— Offensive Reductions, done at Moscow on importance of preventing terrorists from ob- (1) in subparagraph (D), by striking ‘‘and’’ May 24, 2002. taining nuclear weapons or materials, yet at the end; the pace of progress toward that goal has de- (2) in subparagraph (E), by striking the pe- SA 1554. Mr. CONRAD submitted an creased when compared with the years immediately preceding those attacks. riod at the end and inserting ‘‘; and’’; and amendment intended to be proposed by (3) by adding at the end the following: (11) The National Commission on Terrorist ‘‘(F) the following statement: him to the bill S. 1042, to authorize ap- Attacks on the United States (September If you are a veteran, you may be eligible for propriations for fiscal year 2006 for 11th Commission) concluded that a ‘‘max- comprehensive health benefits (hospital military activities of the Department imum effort’’ was required to keep nuclear care, outpatient services, prescription medi- of Defense, for military construction, weapons and fissile material out of terrorist cations, and more) from the Department of and for defense activities of the De- hands. Veterans Affairs (VA). For more information partment of Energy, to prescribe per- (12) Securing only a portion of the loose on eligibility, benefits, co-payments, and VA nuclear material is insufficient because ter- sonnel strengths for such fiscal year rorists seeking nuclear weapons materials health care facilities, please call the VA, for the Armed Forces, and for other toll-free, at 1–877–222–VETS(8387).’’’. will likely seek out the worst defended site. (c) EFFECTIVE DATE.—The amendments purposes; which was ordered to lie on (13) A new report published by the Project made by this section apply to notices of deci- the table; as follows: on Managing the Atom of Harvard Univer- sions and benefit adjustments and social se- At the end of title XIII, add the following: sity, in conjunction with the Nuclear Threat curity account statements issued on or after SEC. 1306. COMPREHENSIVE STRATEGY FOR SE- Initiative, entitled ‘‘Securing the Bomb the date that is 180 days after the date of en- CURITY AND ACCOUNTABILITY OF 2005’’, concluded that ‘‘a dramatic accelera- actment of this Act. WEAPONS-USABLE NUCLEAR MATE- tion will be needed to meet [the Department RIAL IN THE FORMER SOVIET of Energy’s] stated goal of finishing upgrades SA 1553. Mr. CONRAD (for himself, UNION. less than 4 years from now.’’. Mr. BAUCUS, Mr. BURNS, Mr. THOMAS, (a) FINDINGS.—Congress makes the fol- (14) In January 2001, a bipartisan task force lowing findings: chaired by Howard Baker, former Majority and Mr. ENZI) submitted an amend- (1) On September 30, 2004, President George Leader of the Senate and Lloyd Butler, ment intended to be proposed by him W. Bush stated that ‘‘the biggest threat fac- former White House counsel, concluded that to the bill S. 1042, to authorize appro- ing this country is weapons of mass destruc- ‘‘the most urgent, unmet national security priations for fiscal year 2006 for mili- tion in the hands of a terrorist network.’’. threat to the United States today is the dan- tary activities of the Department of (2) In a joint statement with President of ger that weapons of mass destruction or Defense, for military construction, and Russia Vladimir Putin on February 24, 2005, weapons-usable material in Russia could be for defense activities of the Depart- President George W. Bush further noted that stolen and sold to terrorists or hostile nation ment of Energy, to prescribe personnel ‘‘[w]e bear a special responsibility for the se- states and used against American troops strengths for such fiscal year for the curity of nuclear weapons and fissile mate- abroad or citizens at home,’’ and rec- rial, in order to ensure that there is no possi- ommended investing $30,000,000,000 over 10 Armed Forces, and for other purposes; bility such weapons or materials would fall years on Department of Energy programs to which was ordered to lie on the table; into terrorist hands.’’. secure nuclear material. The pace of spend- as follows: (3) When the Soviet Union disintegrated, it ing since then on all nonproliferation and At the end of subtitle G of title X, add the left behind an estimated 30,000 nuclear war- threat reduction programs in the former So- following: heads, as well as sufficient plutonium and viet Union has been only about $1,000,000,000 SEC. 1073. POLICY OF THE UNITED STATES ON highly enriched uranium to produce more per year. THE INTERCONTINENTAL BALLISTIC than 40,000 additional weapons. Most of this (15) Many reports, including the report re- MISSILE FORCE. material is not secure and is therefore vul- ferred to in paragraph (14), have called for a (a) FINDINGS.—Congress makes the fol- nerable to theft by potential terrorists. single, strategic plan to secure nuclear ma- lowing findings: (4) In 1991, Congress adopted the Soviet Nu- terial in the former Soviet Union, but none (1) Consistent with warhead levels agreed clear Threat Reduction Act of 1991 (title II of has yet been produced. to in the Moscow Treaty, the United States Public Law 102–228; 22 U.S.C. 2551 note; com- (16) The urgency for this work is dem- is permanently modifying the capacity of the monly referred to as ‘‘Nunn-Lugar’’) to as- onstrated by the fact that customs officials Minuteman III intercontinental ballistic sist the Soviet Union and ‘‘successor enti- in Russia reported 200 potential attempts to missile (ICBM) from its prior capability to ties’’ with efforts to promptly and safely de- smuggle nuclear or radiological materials carry up to three independent reentry vehi- stroy its nuclear weapons arsenal and secure out of Russia in 2004.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.111 S25JYPT1 S8888 CONGRESSIONAL RECORD — SENATE July 25, 2005 (17) While an increasing number of nuclear purposes; which was ordered to lie on ‘‘(2) In this subsection, the terms ‘capital sites in Russia have been secured, the re- the table; as follows: lease’ and ‘lease-purchase’ have the mean- maining unsecured sites include several very ings given those terms in Appendix B to Of- At the end of subtitle A of title VIII, add sensitive locations that hold vast stocks of fice of Management and Budget Circular A– the following: nuclear weapons and materials. 11, as in effect on the date of the enactment (18) Concentrated attention to these sen- SEC. 807. MODIFICATION OF REQUIREMENTS AP- of the National Defense Authorization Act sitive sites is required, including an effort to PLICABLE TO CONTRACTS AUTHOR- for Fiscal Year 2006.’’. IZED BY LAW FOR CERTAIN MILI- (d) CONFORMING AND CLERICAL AMEND- increase the seriousness with which the Gov- TARY MATERIEL. ernment of Russia and the public in Russia MENTS.— (a) INCLUSION OF COMBAT VEHICLES UNDER view the problem, in order to help overcome (1) The heading of such section is amended REQUIREMENTS.—Section 2401 of title 10, to read as follows: remaining issues of access, liability, and al- United States Code, is amended— location of Russian resources which have (1) by striking ‘‘vessel or aircraft’’ each ‘‘§ 2401. Requirement for authorization by law long slowed progress on the objectives of the place it appears and inserting ‘‘vessel, air- of certain contracts relating to vessels, air- Soviet Nuclear Threat Reduction Act of 1991. craft, or combat vehicle’’; craft, and combat vehicles’’. (19) The horrific terrorist attack on school- (2) in subsection (c), by striking ‘‘aircraft (2) The table of sections at the beginning of children in Beslan may help to increase at- or naval vessel’’ each place it appears and in- chapter 141 of such title is amended by strik- tention in Russia to problems of terrorism, serting ‘‘aircraft, naval vessel, or combat ve- ing the item relating to section 2401 and in- including nuclear terrorism, making United hicle’’; serting the following new item: States support for these efforts all the more (3) in subsection (e), by striking ‘‘aircraft ‘‘Sec. 2401. Requirement for authorization crucial at this time. or naval vessels’’ each place it appears and by law of certain contracts re- (20) Eliminating onerous certification re- inserting ‘‘aircraft, naval vessels, or combat lating to vessels, aircraft, and quirements for cooperative threat reduction combat vehicles.’’. programs with Russia, or providing perma- vehicle’’; and nent authority to waive those requirements (4) in subsection (f)— SEC. 808. REQUIREMENT FOR ANALYSIS OF AL- (A) by striking ‘‘aircraft and naval ves- TERNATIVES FOR MAJOR DEFENSE on an annual basis, could significantly accel- ACQUISITION PROGRAMS. erate the pace of efforts to secure loose nu- sels’’ and inserting ‘‘aircraft, naval vessels, (a) REQUIREMENT.— clear material and warheads. and combat vehicle’’; and (1) IN GENERAL.—Chapter 144 of title 10, (21) Recent developments with the G–8 (B) by striking ‘‘such aircraft and vessels’’ and inserting ‘‘such aircraft, vessels, and United States Code, is amended by inserting Global Partnership and the Global Threat after section 2431 the following new section: Reduction Initiative, as well as funding in- combat vehicle’’. creases included in the fiscal year 2006 budg- (b) ADDITIONAL INFORMATION FOR CON- ‘‘§ 2431a. Major defense acquisition programs: et request, offer the potential for accelerated GRESS.—Subsection (b) of such section is requirement for analysis of alternatives progress on this crucial objective. amended— ‘‘(a) No major defense acquisition program (22) Russia has become a valuable partner (1) in paragraph (1)— may be commenced before the completion of in the war on terrorism and a full partner in (A) in subparagraph (B), by striking ‘‘and’’ an analysis of alternatives with respect to efforts to secure nuclear weapons and weap- at the end; such program. ‘‘(b) For the purposes of this section, a ons-usable nuclear material and to destroy (B) in subparagraph (C), by striking the pe- major defense acquisition program is com- strategic delivery systems, chemical weap- riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new menced when the milestone decision author- ons, and excess nuclear warheads. ity approves entry of the program into the (b) STATEMENT OF UNITED STATES POLICY.— subparagraph: first phase of the acquisition process applica- (1) STATEMENT OF UNITED STATES POLICY.— ‘‘(D) the Secretary has certified to those ble to the program.’’. It shall be the policy of the United States committees— (2) CLERICAL AMENDMENT.—The table of that the Department of Defense and the De- ‘‘(i) that entering into the proposed con- sections at the beginning of chapter 144 of partment of Energy shall seek to work with tract as a means of obtaining the vessel, air- such title is amended by inserting after the the Government of Russia and governments craft, or combat vehicle is the most cost-ef- item relating to section 2431 the following of other states of the former Soviet Union to fective means of obtaining such vessel, air- new item: complete comprehensive security and ac- craft, or combat vehicle; and countability upgrades for all of the weapons- ‘‘(ii) that the Secretary has determined ‘‘2431a. Major defense acquisition programs: usable nuclear material in the former Soviet that the lease complies with all applicable requirement for analysis of al- Union by not later than September 30, 2008, laws, Office of Management and Budget cir- ternatives.’’. in accordance with the stated goal of the De- culars, and Department of Defense regula- (b) EFFECTIVE DATE.—The amendments partment of Energy. tions.’’; and made by subsection (a) shall take effect on (2) SENSE OF CONGRESS.—It is the sense of (2) by adding at the end the following new the date of the enactment of this Act, and Congress that the President should request, paragraphs: shall apply with respect to major defense ac- and Congress should appropriate, the funds ‘‘(3) Upon receipt of a notice under para- quisition programs commenced on or after necessary to ensure that the policy set forth graph (1)(C), a committee identified in para- that date. in paragraph (1) is carried out. graph (1)(B) may request the Inspector Gen- SEC. 809. MANAGEMENT CONTRACTS FOR MAJOR (c) STRATEGY REQUIRED.— eral of the Department of Defense or the SYSTEMS ACQUISITIONS. (1) IN GENERAL.—Not later than the Feb- Comptroller General of the United States to (a) REGULATIONS REGARDING MANAGEMENT ruary 6, 2006, the Secretary of Defense, the conduct a review of the proposed contract to CONTRACTS.— Secretary of State, and the Secretary of En- determine whether or not such contract (1) REGULATIONS REQUIRED.—Not later than ergy shall, in cooperation with the Director meets the requirements of this section. 90 days after the date of the enactment of of the Office of Management and Budget, ‘‘(4) If a review is requested under para- this Act, the Secretary of Defense shall pre- jointly submit to Congress a report setting graph (3), the Inspector General of the De- scribe regulations on management contracts forth a strategy for completing comprehen- partment of Defense or the Comptroller Gen- for the acquisition by the Department of De- sive security and accountability upgrades for eral of the United States, as the case may be, fense of major systems. all of the weapons-usable nuclear material in shall submit to the Secretary and the con- (2) CONTENT.—The regulations prescribed the former Soviet Union by not later than gressional defense committees a report on under paragraph (1) shall— September 30, 2008. such review before the expiration of the pe- (A) define the respective rights of the De- (2) ELEMENTS.—The report shall include, in riod specified in paragraph (1)(C).’’. partment of Defense, management contrac- addition to the strategy— (c) APPLICABILITY OF ACQUISITION REGULA- tors, and other contractors that participate (A) an assessment of the funding required TIONS.—Such section is further amended— in the development or production of any in- to implement the strategy; and (1) by redesignating subsection (f) as sub- dividual element of the major weapon sys- (B) a description of any legislative or ad- section (g); and tem (including subcontractors under man- ministrative actions required to facilitate (2) by inserting after subsection (e) the fol- agement contracts) in intellectual property implementation of the strategy. lowing new subsection (f): that is developed by the other participating ‘‘(f)(1) If a lease or charter covered by this contractors in a manner that ensures that— SA 1555. Mr. MCCAIN submitted an section is a capital lease or a lease-pur- (i) the Department of Defense obtains ap- amendment intended to be proposed by chase— propriate rights in technical data developed him to the bill S. 1042, to authorize ap- ‘‘(A) the lease or charter shall be treated by the other participating contractors in ac- propriations for fiscal year 2006 for as an acquisition and shall be subject to all cordance with the requirements of section military activities of the Department applicable statutory and regulatory require- 2320 of title 10, United States Code; and ments for the acquisition of aircraft, naval (ii) management contractors obtain access of Defense, for military construction, vessels, or combat vehicles; and to technical data developed by the other par- and for defense activities of the De- ‘‘(B) funds appropriated to the Department ticipating contractors only to the extent partment of Energy, to prescribe per- of Defense for operation and maintenance necessary for the management contractors sonnel strengths for such fiscal year may not be obligated or expended for the to execute their obligations under such man- for the Armed Forces, and for other lease or charter. agement contracts;

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.111 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8889 (B) include specific measures to prevent— cent of the cost of contract performance (not military activities of the Department (i) organizational conflicts of interest on including overhead or profit) for any par- of Defense, for military construction, the part of management contractors; and ticular weapon system under such contract and for defense activities of the De- (ii) the performance of inherently govern- to subcontractors. partment of Energy, to prescribe per- mental functions by management contrac- (8) The term ‘‘covered lower-tier con- tors; tractor’’ means the following: sonnel strengths for such fiscal year (C) require that a management contractor (A) With respect to a covered contractor for the Armed Forces, and for other in a management contract with system re- described by paragraph (7)(A) in a contract, purposes; as follows: sponsibility use competitive procedures for any lower-tier subcontractor under such con- At the end of subtitle G of title X, add the each subcontract in excess of the simplified tract. following: acquisition threshold, unless one of the cir- (B) With respect to a covered contractor SEC. 1073. UNIFORM STANDARDS FOR THE IN- cumstances described in paragraphs (1) described by paragraph (7)(B) in a contract, TERROGATION OF PERSONS UNDER through (3) of section 2304c(b) of title 10, any lower-tier subcontractor on a weapon THE DETENTION OF THE DEPART- United States Code, applies to the award of system under such contract for which such MENT OF DEFENSE. such subcontract; and covered contractor has assigned work ac- (a) LIMITATION ON INTERROGATION TECH- (D) prohibit a management contractor in a counting for more than 90 percent of the cost NIQUES.— management contract without system re- of contract performance (not including over- (1) IN GENERAL.—No person in the custody sponsibility from having any financial inter- head or profit). or under the effective control of the Depart- est in the development or production of any (9) The term ‘‘functions closely associated ment of Defense or under detention in a De- individual element of the major weapon sys- with inherently governmental functions’’ partment of Defense facility shall be subject tem, unless the Secretary of Defense deter- has the meaning given such term in section to any treatment or technique of interroga- mines in writing that it is necessary in the 2383(b)(3) of title 10, United States Code. tion not authorized by and listed in the interest of the national defense for the man- (d) EFFECTIVE DATE.—The regulations pre- United States Army Field Manual on Intel- agement contractor to participate in the described under this section shall apply to con- ligence Interrogation. velopment or production of a particular ele- tracts awarded for or on behalf of the De- (2) APPLICABILITY.—Paragraph (1) shall not ment of the major weapon system. partment of Defense on or after the date that apply to with respect to any person in the (b) REGULATIONS PROHIBITING PASS- is 90 days after the date of the enactment of custody or under the effective control of the THROUGH CHARGES.— this Act. Department of Defense pursuant to a crimi- (1) REGULATIONS REQUIRED.—Not later than nal law or immigration law of the United 90 days after the date of the enactment of SA 1556. Mr. McCAIN (for himself, States. this Act, the Secretary of Defense shall pre- Mr. WARNER, Mr. GRAHAM, and Ms. (3) CONSTRUCTION.—Nothing in this sub- scribe regulations prohibiting pass-through section shall be construed to affect the COLLINS) proposed an amendment to charges on contracts or subcontracts (or rights under the United States Constitution task or delivery orders) that are entered into the bill S. 1042, to authorize appropria- of any person in the custody or under the for or on behalf of the Department of Defense tions for fiscal year 2006 for military physical jurisdiction of the United States. that are in excess of the simplified acquisi- activities of the Department of De- (b) PROHIBITION ON INCLUSION OF CERTAIN tion threshold. fense, for military construction, and INTERROGATION TECHNIQUES IN ARMY FIELD (2) SCOPE OF REGULATIONS.—The regula- for defense activities of the Depart- MANUAL.—No interrogation technique may tions prescribed under this paragraph shall ment of Energy, to prescribe personnel be included as an authorized interrogation not apply to any firm, fixed-price contract or strengths for such fiscal year for the technique within the United States Army subcontract (or task or delivery order) that Field Manual on Intelligence Interrogation if is awarded on the basis of adequate price Armed Forces, and for other purposes; such technique constitutes torture or cruel, competition. as follows: inhumane, or degrading treatment or punish- (c) DEFINITIONS.—In this section: At the end of subtitle G of title X, add the ment that is prohibited by the Constitution, (1) The term ‘‘management contract’’ in- following: laws, or treaties of the United States. cludes management contracts with system SEC. 1073. PROHIBITION ON CRUEL, INHUMAN, (c) NOTICE TO CONGRESS OF REVISION OF responsibility and management contracts OR DEGRADING TREATMENT OR ARMY FIELD MANUAL.—Not later than 30 days without system responsibility. PUNISHMENT OF PERSONS UNDER before issuing any revision to the United (2) The term ‘‘management contract with CUSTODY OR CONTROL OF THE States Army Field Manual on Intelligence system responsibility’’ means a Federal UNITED STATES GOVERNMENT. Interrogation, including an authorization of agency contract (or task or delivery order) (a) IN GENERAL.—No individual in the cus- additional interrogation techniques, the Sec- for the development or production of a major tody or under the physical control of the retary of Defense shall submit to the con- system under which the prime contractor is United States Government, regardless of na- gressional defense committees a report on not expected at the time of award to perform tionality or physical location, shall be sub- such revision. work constituting at least 20 percent of the ject to cruel, inhuman, or degrading treat- (d) REGISTRATION WITH INTERNATIONAL RED cost of manufacturing the major system. ment or punishment. CROSS.—Each individual described in sub- (3) The term ‘‘management contract with- (b) CONSTRUCTION.—Nothing in this section section (a) who is a national of a foreign out system responsibility’’ means a Federal shall be construed to impose any geo- country shall be registered with the Inter- agency contract (or task or delivery order) graphical limitation on the applicability of national Committee of the Red Cross. for the procurement of services, the primary the prohibition against cruel, inhuman, or purpose of which is to perform acquisition degrading treatment or punishment under SA 1558. Mr. WARNER submitted an functions closely associated with inherently this section. amendment intended to be proposed by governmental functions with regard to the (c) LIMITATION ON SUPERSEDURE.—The pro- him to the bill S. 1042, to authorize ap- development or production of a major sys- visions of this section shall not be super- propriations for fiscal year 2006 for seded, except by a provision of law enacted tem. military activities of the Department (4) The term ‘‘management contractor’’ after the date of the enactment of this Act which specifically repeals, modifies, or su- of Defense, for military construction, means the prime contractor under a manage- and for defense activities of the De- ment contract. persedes the provisions of this section. (5) The term ‘‘major system’’ has the (d) CRUEL, INHUMAN, OR DEGRADING TREAT- partment of Energy, to prescribe per- meaning given such term in section 2302d of MENT OR PUNISHMENT DEFINED.—In this sec- sonnel strengths for such fiscal year title 10, United States Code. tion, the term ‘‘cruel, inhuman, or degrading for the Armed Forces, and for other (6) The term ‘‘pass-through charge’’ means treatment or punishment’’ means the cruel, purposes; which was ordered to lie on a charge by a covered contractor or subcon- unusual, and inhumane treatment or punish- the table; as follows: ment prohibited by the Fifth, Eighth, and tractor for overhead or profit on work per- On page 269, after line 21, add the fol- formed by a covered lower-tier contractor Fourteenth Amendments to the Constitution of the United States, as defined in the United lowing: (other than charges for the direct costs of SEC. 1009. REIMBURSEMENT FOR COSTS IN- managing lower-tier contracts and overhead States Reservations, Declarations and Un- derstandings to the United Nations Conven- CURRED IN PROVIDING GOODS AND and profit based on such direct costs). SERVICES TO AGENCIES. tion Against Torture and Other Forms of (7) The term ‘‘covered contractor’’ means The Department of Defense shall be reim- Cruel, Inhuman or Degrading Treatment or the following: bursed on an annual basis by any executive Punishment done at New York, December 10, (A) A contractor that assigns work ac- agency for the total amount of the unreim- 1984. counting for more than 90 percent of the cost bursed direct and indirect costs incurred dur- of contract performance (not including over- SA 1557. Mr. McCAIN (for himself, ing each fiscal year by the Department of head or profit) to subcontractors. Defense for providing goods and services to (B) In the case of a contract providing for Mr. WARNER, Mr. GRAHAM, Ms. COLLINS, such agency. the development or production of more than and Mr. LEVIN) proposed an amend- one weapon system, a contractor that as- ment to the bill S. 1042, to authorize SA 1559. Mr. WARNER submitted an signs work accounting for more than 90 per- appropriations for fiscal year 2006 for amendment intended to be proposed by

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.111 S25JYPT1 S8890 CONGRESSIONAL RECORD — SENATE July 25, 2005 him to the bill S. 1042, to authorize ap- be appropriated by section 201(3) for re- must be consistent with the operations of propriations for fiscal year 2006 for search, development, test, and evaluation for the Museum. military activities of the Department the Air Force is hereby increased by (b) CONSIDERATION.—The amount of consid- $5,000,000, with the amount of such increase eration paid in a year by the Foundation to of Defense, for military construction, to be available for research and development the United States for the lease of facilities and for defense activities of the De- of hybrid, fuel cell, hydrogen generation, under subsection (a) may not exceed the ac- partment of Energy, to prescribe per- wind, and solar power systems for distrib- tual cost, as determined by the Secretary, of sonnel strengths for such fiscal year uted generation technologies at the dual use the annual operation and maintenance of the for the Armed Forces, and for other military/commercial airport in Albuquerque, facilities. purposes; which was ordered to lie on New Mexico. (c) USE OF PROCEEDS.—The Secretary shall the table; as follows: (b) REDUCTION IN FUNDS AVAILABLE TO AIR use amounts received under subsection (b) FORCE FOR OPERATION AND MAINTENANCE.— for the lease of facilities under subsection (a) On page 28, between lines 10 and 11, insert The amount authorized to be appropriated to cover the costs of operating and maintain- the following: by section 301(4) for operation and mainte- ing the Museum. SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- nance for the Air Force is hereby reduced by (d) ADDITIONAL TERMS AND CONDITIONS.— TRIBUTED GENERATION TECH- $5,000,000. The Secretary may require such additional NOLOGIES. terms and conditions in connection with the (a) INCREASE IN FUNDS AVAILABLE TO ARMY SA 1562. Mr. WARNER (for himself lease under subsection (a) as the Secretary FOR RESEARCH, DEVELOPMENT, TEST, AND and Mr. LEAHY) submitted an amend- considers appropriate to protect the inter- EVALUATION.—The amount authorized to be ment intended to be proposed by him ests of the United States. appropriated by section 201(1) for research, to the bill S. 1042, to authorize appro- PART III—AIR FORCE CONVEYANCES development, test, and evaluation for the Army is hereby increased by $1,000,000, with priations for fiscal year 2006 for mili- the amount of such increase to be available tary activities of the Department of SA 1564. Mr. WARNER submitted an for research on and facilitation of tech- Defense, for military construction, and amendment intended to be proposed by nology for converting obsolete chemical mu- for defense activities of the Depart- him to the bill S. 1042, to authorize ap- nitions to fertilizer. ment of Energy, to prescribe personnel propriations for fiscal year 2006 for (b) REDUCTION IN FUNDS AVAILABLE TO strengths for such fiscal year for the military activities of the Department NAVY FOR RESEARCH, DEVELOPMENT, TEST, Armed Forces, and for other purposes; of Defense, for military construction, AND EVALUATION.—The amount authorized to which was ordered to lie on the table; and for defense activities of the De- be appropriated by section 201(2) for the Navy for research, development, test, and as follows: partment of Energy, to prescribe per- evaluation is hereby reduced by $1,000,000. On page 371, between lines 8 and 9, insert sonnel strengths for such fiscal year the following: for the Armed Forces, and for other SA 1560. Mr. WARNER submitted an SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT purposes; which was ordered to lie on amendment intended to be proposed by ANNEX. the table; as follows: (a) DESIGNATION.—The annex to the E. Bar- him to the bill S. 1042, to authorize ap- rett Prettyman Federal Building and United At the end of title XII, add the following: propriations for fiscal year 2006 for States Courthouse located at 333 Constitu- SEC. 1205. EXCEPTION TO BILATERAL AGREE- military activities of the Department tion Avenue Northwest in the District of Co- MENT REQUIREMENTS FOR TRANS- FERS OF DEFENSE ITEMS. of Defense, for military construction, lumbia shall be known and designated as the (a) FINDINGS.—Congress makes the fol- and for defense activities of the De- ‘‘William B. Bryant Annex’’. lowing findings: (b) REFERENCES.—Any reference in a law, partment of Energy, to prescribe per- (1) Close defense cooperation between the map, regulation, document, paper, or other sonnel strengths for such fiscal year United States and each of the United King- record of the United States to the annex re- for the Armed Forces, and for other dom and Australia requires interoperability ferred to in subsection (a) shall be deemed to among the armed forces of those countries. purposes; which was ordered to lie on be a reference to the ‘‘William B. Bryant (2) The need for interoperability must be the table; as follows: Annex’’. balanced with the need for appropriate and On page 28, between lines 10 and 11, insert effective regulation of trade in defense the following: SA 1563. Mr. WARNER submitted an amendment intended to be proposed by items. SEC. 203. FUNDING FOR RESEARCH AND TECH- (3) The Arms Export Control Act (22 U.S.C. NOLOGY TRANSITION FOR HIGH- him to the bill S. 1042, to authorize ap- 2751 et seq.) authorizes the executive branch BRIGHTNESS ELECTRON SOURCE propriations for fiscal year 2006 for PROGRAM. to administer arms export policies enacted military activities of the Department (a) INCREASE IN FUNDS AVAILABLE TO NAVY by Congress in the exercise of its constitu- FOR RESEARCH, DEVELOPMENT, TEST, AND of Defense, for military construction, tional power to regulate commerce with for- EVALUATION.—The amount authorized to be and for defense activities of the De- eign nations. appropriated by section 201(2) for research, partment of Energy, to prescribe per- (4) The executive branch has exercised its development, test, and evaluation for the sonnel strengths for such fiscal year authority under the Arms Export Control Navy is hereby increased by $1,500,000. for the Armed Forces, and for other Act, in part, through the International Traf- (b) REDUCTION IN FUNDS AVAILABLE TO fic in Arms Regulations. purposes; which was ordered to lie on (5) Agreements to gain exemption from the ARMY FOR PROCUREMENT, AMMUNITION.—The the table; as follows: amount authorized to be appropriated by International Traffic in Arms Regulations section 101(4) for the Army for procurement On page 357, strike line 20 and insert the must be submitted to Congress for review. of ammunition is hereby reduced by following: (b) DEFINITIONS.—In this section: $1,500,000. PART II—NAVY CONVEYANCES (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 2851. LEASE OF UNITED STATES NAVY MU- TEES.—The term ‘‘appropriate congressional SA 1561. Mr. DOMENICI submitted an SEUM FACILITIES AT WASHINGTON committees’’ means— amendment intended to be proposed by NAVAL YARD, DISTRICT OF COLUM- (A) the Committee on Foreign Relations BIA. and the Committee on Armed Services of the him to the bill S. 1042, to authorize ap- (a) LEASE AUTHORIZED.— Senate; and propriations for fiscal year 2006 for (1) IN GENERAL.—The Secretary of the Navy (B) the Committee on International Rela- military activities of the Department may lease to the Naval Historical Founda- tions and the Committee on Armed Services of Defense, for military construction, tion (in this section referred to as the of the House of Representatives. and for defense activities of the De- ‘‘Foundation’’) facilities located at Wash- (2) DEFENSE ITEMS.—The term ‘‘defense partment of Energy, to prescribe per- ington Naval Yard, Washington, District of items’’ has the meaning given the term in sonnel strengths for such fiscal year Columbia, that house the United States section 38 of the Arms Export Control Act (22 Navy Museum (in this section referred to as for the Armed Forces, and for other U.S.C. 2778). the ‘‘Museum’’) for the purpose of carrying (3) INTERNATIONAL TRAFFIC IN ARMS REGU- purposes; which was ordered to lie on out the following activities: LATIONS.—The term ‘‘International Traffic in the table; as follows: (A) Generation of revenue for the Museum Arms Regulations’’ means the regulations On page 28, between lines 10 and 11, insert through the rental of facilities to the public, maintained under parts 120 through 130 of the following: commercial and non-profit entities, State title 22, Code of Federal Regulations, and SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- and local governments, and other Federal any successor regulations. TRIBUTED GENERATION TECH- agencies. (c) EXCEPTIONS FROM BILATERAL AGREE- NOLOGIES. (B) Administrative activities in support of MENT REQUIREMENTS.— (a) INCREASE IN FUNDS AVAILABLE TO AIR the Museum. (1) IN GENERAL.—Subsection (j) of section FORCE FOR RESEARCH, DEVELOPMENT, TEST, (2) LIMITATION.—Any activities carried out 38 of the Arms Export Control Act (22 U.S.C. AND EVALUATION.—The amount authorized to at the leased facilities under paragraph (1) 2778) is amended—

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.112 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8891 (A) by redesignating paragraph (4) as para- licensing requirements of the Arms Export with a country to gain exemption from the graph (5); and Control Act (22 U.S.C. 2751 et seq.). Each re- licensing requirements of the Arms Export (B) by inserting after paragraph (3) the fol- port shall contain— Control Act. The notification shall be made lowing new paragraph (4): (1) information on any notifications or in a manner that is consistent with any on- ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE- consultations between the United States and going efforts to investigate and commence MENT REQUIREMENTS.— the United Kingdom under the terms of any civil actions or criminal investigations or ‘‘(A) AUSTRALIA.—Subject to section 1205 of agreement with the United Kingdom, or be- prosecutions regarding such matters and the National Defense Authorization Act for tween the United States and Australia under may be made in classified or unclassified Fiscal Year 2006, the requirements for a bi- the terms of any agreement with Australia, form. lateral agreement described in paragraph concerning the modification, deletion, or ad- (2) CONTENT.—The notification regarding (2)(A) shall not apply to a bilateral agree- dition of defense items on the United States an unauthorized end-use or diversion of ment between the United States Government Munitions List, the United Kingdom Mili- goods or services under paragraph (1) shall and the Government of Australia with retary List, or the Australian Defense and include— spect to transfers or changes in end use of Strategic Goods List; (A) a description of the goods or services; defense items within Australia that will re- (2) a list of all United Kingdom or Aus- (B) the United States origin of the good or main subject to the licensing requirements tralia persons and entities that have been service; of this Act after such agreement enters into designated as qualified persons eligible to re- (C) the authorized recipient of the good or force. ceive United States origin defense items ex- service; ‘‘(B) UNITED KINGDOM.—Subject to section empt from the licensing requirements of the (D) a detailed description of the unauthor- 1205 of the National Defense Authorization Arms Export Control Act under the terms of ized end-use or diversion, including any Act for Fiscal Year 2006, the requirements such agreements, and listing any modifica- knowledge by the United States exporter of for a bilateral agreement described in para- tion, deletion, or addition to such lists, pur- such unauthorized end-use or diversion; graphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall suant to the requirements of any agreement (E) any enforcement action taken by the not apply to a bilateral agreement between with the United Kingdom or any agreement Government of the United States; and the United States Government and the Gov- with Australia; (F) any enforcement action taken by the ernment of the United Kingdom for an ex- (3) information on consultations or steps government of the recipient nation. emption from the licensing requirements of taken pursuant to any agreement with the this Act.’’. United Kingdom or any agreement with Aus- SA 1565. Mr. WARNER submitted an tralia concerning cooperation and consulta- (2) CONFORMING AMENDMENT.—Paragraph amendment intended to be proposed by (2) of such subsection is amended in the mat- tion with either government on the effectiveness of the defense trade control systems him to the bill S. 1042, to authorize ap- ter preceding subparagraph (A) by striking propriations for fiscal year 2006 for ‘‘A bilateral agreement’’ and inserting ‘‘Ex- of such government; (4) information on provisions and proce- military activities of the Department cept as provided in paragraph (4), a bilateral of Defense, for military construction, agreement’’. dures undertaken pursuant to— (d) CERTIFICATIONS.—Not later than 30 days (A) any agreement with the United King- and for defense activities of the De- before authorizing an exemption from the li- dom with respect to the handling of United partment of Energy, to prescribe per- censing requirements of the International States origin defense items exempt from the sonnel strengths for such fiscal year Traffic in Arms Regulations in accordance licensing requirements of the Arms Export for the Armed Forces, and for other with any bilateral agreement entered into Control Act by persons and entities qualified to receive such items in the United Kingdom; purposes; which was ordered to lie on with the United Kingdom or Australia under the table; as follows: section 38(j) of the Arms Export Control Act and (22 U.S.C. 2778(j)), as amended by subsection (B) any agreement with Australia with re- At the end of subtitle B of title X, add the (c), the President shall certify to the appro- spect to the handling of United States origin following: priate congressional committees that such defense items exempt from the licensing re- SEC. 1023. TRANSFER OF NAVAL VESSELS TO agreement— quirements of the Arms Export Control Act CERTAIN FOREIGN RECIPIENTS. (1) is in the national interest of the United by persons and entities qualified to receive (a) TRANSFERS BY GRANT.—The President is States and will not in any way affect the such items in Australia; authorized to transfer vessels to foreign re- goals and policy of the United States under (5) information on any new under- cipients on a grant basis under section 516 of section 1 of the Arms Export Control Act (22 standings, including the text of such under- the Foreign Assistance Act of 1961 (22 U.S.C. U.S.C. 2751); standings, between the United States and 2321j), as follows: (2) will be void if such country quan- the United Kingdom concerning retransfer of (1) GREECE.—To the Government of Greece, titatively or qualitatively increases the ex- United States origin defense items made pur- the OSPREY class minehunter coastal ship port of defense items to the People’s Repub- suant to any agreement with the United PELICAN (MHC–53). lic of China. Kingdom to gain exemption from the licens- (2) EGYPT.—To the Government of Egypt, (3) does not adversely affect the efficacy of ing requirements of the Arms Export Control the OSPREY class minehunter coastal ships the International Traffic in Arms Regula- Act; CARDINAL (MHC–60) and RAVEN (MHC–61). tions to provide consistent and adequate (6) information on consultations with the (3) PAKISTAN.—To the Government of Paki- controls for licensed exports of United States Government of the United Kingdom or the stan, the SPRUANCE class destroyer ship defense items; and Government of Australia concerning the FLETCHER (DD–992). (4) will not adversely affect the duties or legal enforcement of any such agreements; (4) TURKEY.—To the Government of Tur- requirements of the Secretary of State under (7) information on United States origin de- key, the SPRUANCE class destroyer ship the Arms Export Control Act. fense items with respect to which the United CUSHING (DD–985). (e) NOTIFICATION OF BILATERAL LICENSING States has provided an exception under the (b) TRANSFERS BY SALE.—The President is EXEMPTIONS.—Not later than 30 days before Memorandum of Understanding between the authorized to transfer vessels to foreign re- authorizing an exemption from the licensing United States and the United Kingdom and cipients on a sale basis under section 21 of requirements of the International Traffic in any agreement between the United States the Arms Export Control Act (22 U.S.C. 2761), Arms Regulations in accordance with any bi- and Australia from the requirement for as follows: lateral agreement entered into with the United States Government re-export consent (1) INDIA.—To the Government of India, the United Kingdom or Australia under section that was not provided for under United AUSTIN class amphibious transport dock 38(j) of the Arms Export Control Act (22 States laws and regulations in effect on the ship TRENTON (LPD–14). U.S.C. 2778(j)), as amended by subsection (c), date of the enactment of this Act; and (2) GREECE.—To the Government of Greece, the President shall submit to the appro- (8) information on any significant concerns the OSPREY class minehunter coastal ship priate congressional committees the text of that have arisen between the Government of HERON (MHC–52). the regulations that authorize such a licens- Australia or the Government of the United (3) TURKEY.—To the Government of Tur- ing exemption. Kingdom and the United States Government key, the SPRUANCE class destroyer ship (f) REPORT ON CONSULTATION ISSUES.—Not concerning any aspect of any bilateral agree- O’BANNON (DD–987). later than one year after the date of the en- ment between such country and the United (c) GRANTS NOT COUNTED IN ANNUAL TOTAL actment of this Act and annually thereafter States to gain exemption from the licensing OF TRANSFERRED EXCESS DEFENSE ARTI- for each of the following 5 years, the Presi- requirements of the Arms Export Control CLES.—The value of a vessel transferred to dent shall submit to the appropriate congres- Act. another country on a grant basis pursuant to sional committees a report on issues raised (g) SPECIAL NOTIFICATIONS.— authority provided by subsection (a) shall during the previous year in consultations (1) REQUIRED NOTIFICATIONS.—The Sec- not be counted against the aggregate value conducted under the terms of any bilateral retary of State shall notify the appropriate of excess defense articles transferred to agreement entered into with Australia under congressional committees not later than 90 countries in any fiscal year under section 516 section 38(j) of the Arms Export Control Act, days after receiving any credible informa- of the Foreign Assistance Act of 1961. or under the terms of any bilateral agree- tion regarding an unauthorized end-use or di- (d) COSTS OF CERTAIN TRANSFERS.—Not- ment entered into with the United Kingdom version of United States exports of goods or withstanding section 516(e)(1) of the Foreign under such section, for exemption from the services made pursuant to any agreement Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)),

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.113 S25JYPT1 S8892 CONGRESSIONAL RECORD — SENATE July 25, 2005 any expense incurred by the United States in him to the bill S. 1042, to authorize ap- contract or other contract related to secu- connection with a transfer authorized under propriations for fiscal year 2006 for rity and reconstruction activities in Iraq and subsection (a) shall be charged to the recipi- military activities of the Department Afghanistan in which an audit conducted by ent. of Defense, for military construction, an investigative or audit component of the (e) REPAIR AND REFURBISHMENT IN UNITED Department of Defense during the 90-day pe- STATES SHIPYARDS.—To the maximum extent and for defense activities of the De- riod ending on the date of such report re- practicable, the President shall require, as a partment of Energy, to prescribe per- sulted in a finding described in subsection condition of the transfer of a vessel under sonnel strengths for such fiscal year (b). this section, that the country to which the for the Armed Forces, and for other (2) COVERAGE OF SUBCONTRACTS.—For pur- vessel is transferred have such repair or re- purposes; which was ordered to lie on poses of this section, any reference to a con- furbishment of the vessel as is needed before the table; as follows: tract shall be treated as a reference to such the vessel joins the naval forces of that contract and to any subcontracts under such At the end of subtitle A of title V, add the country be performed at a shipyard located contract. following: in the United States, including a United (b) COVERED FINDING.—A finding described States Navy shipyard. SEC. 509. APPLICABILITY OF OFFICER DISTRIBU- in this subsection with respect to a task or TION AND STRENGTH LIMITATIONS XPIRATION OF UTHORITY delivery order contract or other contract de- (f) E A .—The author- TO OFFICERS SERVING IN INTEL- ity to transfer a vessel under this section LIGENCE COMMUNITY POSITIONS. scribed in subsection (a) is a finding by an investigative or audit component of the De- shall expire at the end of the 2-year period (a) IN GENERAL.—Section 528 of title 10, beginning on the date of the enactment of United States Code, is amended to read as partment of Defense that the contract in- this Act. follows: cludes costs that are unsupported, questioned, or both. SA 1566. Mr. WARNER proposed an ‘‘§ 528. Exclusion: officers serving in certain (c) REPORT INFORMATION.—Each report intelligence positions amendment to the bill S. 1042, to au- under subsection (a) shall include, with re- thorize appropriations for fiscal year ‘‘(a) EXCLUSION OF OFFICER SERVING IN CER- spect to each task or delivery order contract TAIN CIA POSITIONS.—When either of the in- or other contract covered by such report— 2006 for military activities of the De- dividuals serving in a position specified in (1) a description of the costs determined to partment of Defense, for military con- subsection (b) is an officer of the armed be unsupported, questioned, or both; and struction, and for defense activities of forces, one of those officers, while serving in (2) a statement of the amount of such un- the Department of Energy, to prescribe such position, shall not be counted against supported or questioned costs and the per- personnel strengths for such fiscal year the numbers and percentages of officers of centage of the total value of such task or de- for the Armed Forces, and for other the grade of the officer authorized for that livery order that such costs represent. purposes; as follows: officer’s armed force. (d) WITHHOLDING OF PAYMENTS.—In the ‘‘(b) COVERED POSITIONS.—The positions re- event that any costs under a task or delivery At the end of subtitle G of title X, add the ferred to in this subsection are the following: order contract or other contract described in following: ‘‘(1) Director of the Central Intelligence subsection (a) are determined by an inves- SEC. 1073. UNIFORM STANDARDS AND PROCE- Agency. tigative or audit component of the Depart- DURES FOR TREATMENT OF PER- ‘‘(2) Deputy Director of the Central Intel- ment of Defense to be unsupported, ques- SONS UNDER DETENTION BY THE ligence Agency. tioned, or both, the appropriate Federal pro- DEPARTMENT OF DEFENSE. ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILI- curement personnel may withhold from (a) UNIFORM STANDARDS AND PROCEDURES TARY SUPPORT.—An officer of the armed amounts otherwise payable to the contractor REQUIRED.—The Secretary of Defense shall forces serving in the position of Associate under such contract a sum of up to 100 per- establish uniform standards and procedures Director of the Central Intelligence Agency cent of the total amount of such costs. for the detention and interrogation of per- for Military Support, while serving in that (e) RELEASE OF WITHHELD PAYMENTS.— sons in the custody or under the control of position, shall not be counted against the Upon a subsequent determination by the ap- the Department of Defense. numbers and percentages of officers of the propriate Federal procurement personnel, or (b) CONSISTENCY WITH LAW AND TREATY OB- grade of that officer authorized for that offi- investigative or audit component of the De- LIGATIONS.—The standards and procedures cer’s armed force. partment of Defense, that any unsupported established under subsection (a) shall be con- ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.— or questioned costs for which an amount sistent with United States law and inter- Up to 5 general and flag officers of the armed payable was withheld under subsection (d) national treaty obligations. forces assigned to positions in the Office of has been determined to be allowable, or upon PPLICABILITY.— (c) A the Director of National Intelligence des- a settlement negotiated by the appropriate (1) IN GENERAL.—The standards and proce- ignated by agreement between the Secretary Federal procurement personnel, the appro- dures established under subsection (a) shall of Defense and the Director of National In- priate Federal procurement personnel may apply to all detention and interrogation ac- telligence shall be excluded from the limita- release such amount for payment to the con- tivities involving persons in the custody or tions in sections 525 and 526 of this title tractor concerned. under the control of the Department of De- while serving in such positions.’’. (f) INCLUSION OF INFORMATION ON WITH- fense, and to such activities conducted with- (b) CLERICAL AMENDMENT.—The table of HOLDING AND RELEASE IN QUARTERLY RE- in facilities controlled by the Department of sections at the beginning of chapter 32 of PORTS.—Each report under subsection (a) Defense, regardless of whether such activi- such title is amended by striking the item after the initial report under that subsection ties are conducted by Department of Defense relating to section 528 and inserting the fol- shall include the following: personnel, Department of Defense contractor lowing new item: (1) A description of each action taken personnel, or personnel or contractor per- under subsection (d) or (e) during the period sonnel of any other department, agency, or ‘‘528. Exclusion: officers serving in certain intelligence positions.’’. covered by such report. element of the United States Government. (2) A justification of each determination or (2) EXCEPTION.—The standards and proce- negotiated settlement under subsection (d) dures established under subsection (a) shall SA 1568. Mr. BYRD submitted an amendment intended to be proposed by or (e) that appropriately explains the deter- not apply with respect to any person in the mination of the applicable Federal procure- custody or under the control of the Depart- him to the bill S. 1042, to authorize ap- ment personnel in terms of reasonableness, ment of Defense pursuant to a criminal law propriations for fiscal year 2006 for allocability, or other factors affecting the or immigration law of the United States. military activities of the Department acceptability of the costs concerned. (d) CONSTRUCTION.—Nothing in this section of Defense, for military construction, (g) DEFINITIONS.—In this section: shall affect such rights, if any, under the and for defense activities of the De- (1) The term ‘‘appropriate committees of Constitution of the United States of any per- partment of Energy, to prescribe per- Congress’’ means— son in the custody or under the control of sonnel strengths for such fiscal year (A) the Committees on Appropriations, the Department of Defense. Armed Services, and Homeland Security and (e) NOTICE TO CONGRESS OF REVISION.—Not for the Armed Forces, and for other Governmental Affairs of the Senate; and later than 60 days before issuing any revision purposes; as follows: (B) the Committees on Appropriations, to the standards and procedures established At the end of subtitle C of title VIII, add Armed Services, and Government Reform of under subsection (a), the Secretary of De- the following: the House of Representatives. fense shall notify, in writing, the congres- SEC. 824. REPORTS ON CERTAIN DEFENSE CON- (2) The term ‘‘investigative or audit com- sional defense committees of such revision. TRACTS IN IRAQ AND AFGHANISTAN. ponent of the Department of Defense’’ means (f) DEADLINE.—The standards and proce- (a) QUARTERLY REPORTS.— any of the following: dures required by subsection (a) shall be es- (1) IN GENERAL.—Not later than 90 days (A) The Office of the Inspector General of tablished not later than 60 days after the after the date of the enactment of this Act, the Department of Defense. date of the enactment of this Act. and every 90 days thereafter, the Secretary (B) The Defense Contract Audit Agency. of Defense shall submit to the appropriate (C) The Defense Contract Management SA 1567. Mr. WARNER submitted an committees of Congress a report that lists Agency. amendment intended to be proposed by and describes each task or delivery order (D) The Army Audit Agency.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.113 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8893 (E) The Naval Audit Service. him to the bill S. 1042, to authorize ap- ‘‘(A) is payable to such employee for that (F) The Air Force Audit Agency. propriations for fiscal year 2006 for service; and (3) The term ‘‘questioned’’, with respect to military activities of the Department ‘‘(B) is allocable to such pay period. ‘‘(b)(1) Amounts under this section shall be a cost, means an unreasonable, unallocable, of Defense, for military construction, or unallowable cost. payable with respect to each pay period and for defense activities of the De- (which would otherwise apply if the employ- SA 1569. Mr. NELSON of Nebraska partment of Energy, to prescribe per- ee’s civilian employment had not been inter- (for himself and Mr. WYDEN) submitted sonnel strengths for such fiscal year rupted)— an amendment intended to be proposed for the Armed Forces, and for other ‘‘(A) during which such employee is enti- by him to the bill S. 1042, to authorize purposes; which was ordered to lie on tled to reemployment rights under chapter appropriations for fiscal year 2006 for the table; as follows: 43 of title 38 with respect to the position from which such employee is absent (as re- On page 286, between lines 7 and 8, insert military activities of the Department ferred to in subsection (a)); and the following: of Defense, for military construction, ‘‘(B) for which such employee does not oth- and for defense activities of the De- SEC. 1073. PROHIBITION ON TORTURE AND erwise receive basic pay (including by taking CRUEL, INHUMAN, OR DEGRADING partment of Energy, to prescribe per- TREATMENT OR PUNISHMENT. any annual, military, or other paid leave) to sonnel strengths for such fiscal year (a) IN GENERAL.—No person in the custody which such employee is entitled by virtue of for the Armed Forces, and for other or under the physical control of the United such employee’s civilian employment with purposes; which was ordered to lie on States shall be subjected to torture or cruel, the Government. ‘‘(2) For purposes of this section, the period the table; as follows: inhuman, or degrading treatment or punishment. during which an employee is entitled to re- On page 296, after line 19, insert the fol- employment rights under chapter 43 of title lowing: (b) DEFINITIONS.—As used in this section— (1) the term ‘‘torture’’ has the meaning 38— SEC. 1205. APPLICATION OF THE GENEVA CON- ‘‘(A) shall be determined disregarding the VENTION TO ENEMY COMBATANTS. given that term in section 2340(1) of title 18, United States Code ; and provisions of section 4312(d) of title 38; and (a) FINDING.—Congress finds that the exec- ‘‘(B) shall include any period of time speci- utive branch has the authority to detain (2) the term ‘‘cruel, inhuman, or degrading treatment or punishment’’ means conduct fied in section 4312(e) of title 38 within which enemy combatants. an employee may report or apply for employ- (b) ENEMY COMBATANT DEFINED.—In this that would constitute cruel, unusual, and inhumane treatment or punishment prohibited ment or reemployment following completion section, the term ‘‘enemy combatant’’ means of service on active duty to which called or an individual who— by the fifth amendment, eighth amendment, or fourteenth amendment to the Constitu- ordered as described in subsection (a). (1) is held by personnel of the Department ‘‘(c) Any amount payable under this sec- of Defense at a facility under the control of tion of the United States if the conduct took place in the United States. tion to an employee shall be paid— the Secretary of Defense, including the naval ‘‘(1) by such employee’s employing agency; base at Guantanamo Bay; ‘‘(2) from the appropriation or fund which (2) is accused of knowingly— SA 1571. Mr. DURBIN (for himself, Ms. MIKULSKI, Mr. ALLEN, Mr. GRAHAM, would be used to pay the employee if such (A) planning, authorizing, committing, aid- employee were in a pay status; and Ms. LANDRIEU, Mr. LEAHY, Mr. SAR- ing, or abetting one or more terrorist acts ‘‘(3) to the extent practicable, at the same against the United States; or BANES, Mr. LAUTENBERG, Mr. BINGA- time and in the same manner as would basic (B) being part of or supporting forces en- MAN, Mr. KERRY, Mr. SALAZAR, Mr. pay if such employee’s civilian employment gaged in armed conflict against the United CORZINE, Mr. CHAFEE, Mrs. LINCOLN, had not been interrupted. States; Mr. BIDEN, Mr. KENNEDY, Mrs. MURRAY, ‘‘(d) The Office of Personnel Management (3) is not a United States person or lawful and Mr. NELSON of Florida) submitted shall, in consultation with Secretary of De- permanent resident; and fense, prescribe any regulations necessary to (4) is not a prisoner of war within the an amendment intended to be proposed by him to the bill S. 1042, to authorize carry out the preceding provisions of this meaning of the Convention Relative to the section. Treatment of Prisoners of War, dated at Ge- appropriations for fiscal year 2006 for ‘‘(e)(1) The head of each agency referred to neva August 12, 1949 (6 UST 3316). military activities of the Department in section 2302(a)(2)(C)(ii) shall, in consulta- (c) APPLICATION OF GENEVA CONVENTION.— of Defense, for military construction, tion with the Office, prescribe procedures to The President shall treat each enemy com- and for defense activities of the De- ensure that the rights under this section batant in accordance with all the terms of partment of Energy, to prescribe per- apply to the employees of such agency. the Convention Relative to the Treatment of ‘‘(2) The Administrator of the Federal Prisoners of War, dated at Geneva August 12, sonnel strengths for such fiscal year for the Armed Forces, and for other Aviation Administration shall, in consulta- 1949 (6 UST 3316). tion with the Office, prescribe procedures to (d) ANNUAL REPORT.— purposes; which was ordered to lie on ensure that the rights under this section (1) REQUIREMENT.—The Secretary of De- the table; as follows: apply to the employees of that agency. fense shall submit to Congress an annual re- At the end of title XI, add the following: ‘‘(f) For purposes of this section— port on enemy combatants, including— SEC. 1106. NONREDUCTION IN PAY WHILE FED- ‘‘(1) the terms ‘employee’, ‘Federal Govern- (A) for each enemy combatant detained by ERAL EMPLOYEE IS PERFORMING ment’, and ‘uniformed services’ have the the United States on the date that is 30 days ACTIVE SERVICE IN THE UNI- same respective meanings as given them in prior to the submission of such report— FORMED SERVICES OR NATIONAL section 4303 of title 38; (i) the name and nationality of the enemy GUARD. ‘‘(2) the term ‘employing agency’, as used (a) SHORT TITLE.—This section may be combatant; with respect to an employee entitled to any cited as the ‘‘Reservists Pay Security Act of (ii) the period during which the enemy payments under this section, means the 2005’’. combatant has been so detained; and agency or other entity of the Government (b) IN GENERAL.—Subchapter IV of chapter (iii) a description of the specific process af- (including an agency referred to in section 55 of title 5, United States Code, is amended forded to the enemy combatant and the out- 2302(a)(2)(C)(ii)) with respect to which such by adding at the end the following: come of those processes; and employee has reemployment rights under (B) for each individual who was detained as ‘‘§ 5538. Nonreduction in pay while serving in chapter 43 of title 38; and an enemy combatant and released prior to the uniformed services or National Guard ‘‘(3) the term ‘basic pay’ includes any the date referred to in subparagraph (A)— ‘‘(a) An employee who is absent from a po- amount payable under section 5304.’’. (i) the name and nationality of the indi- sition of employment with the Federal Gov- (c) CLERICAL AMENDMENT.—The table of vidual; ernment in order to perform active duty in sections for chapter 55 of title 5, United (ii) the terms of the conditional release the uniformed services pursuant to a call or States Code, is amended by inserting after agreement with respect to the individual; order to active duty under a provision of law the item relating to section 5537 the fol- (iii) a statement of the basis for the deter- referred to in section 101(a)(13)(B) of title 10 lowing: mination of the United States Government shall be entitled, while serving on active ‘‘5538. Nonreduction in pay while serving in that individual’s release was warranted; and duty, to receive, for each pay period de- the uniformed services or Na- (iv) the period during which the person was scribed in subsection (b), an amount equal to tional Guard.’’. so detained, including the release date of the the amount by which— (d) EFFECTIVE DATE.—The amendments individual. ‘‘(1) the amount of basic pay which would made by this section shall apply with respect (2) FORM OF REPORT.—Each report required otherwise have been payable to such em- to pay periods (as described in section 5538(b) by this subsection shall be submitted in un- ployee for such pay period if such employee’s of title 5, United States Code, as amended by classified form, but may include a classified civilian employment with the Government this section) beginning on or after the date annex. had not been interrupted by that service, ex- of enactment of this Act. ceeds (if at all) SA 1570. Mr. DURBIN submitted an ‘‘(2) the amount of pay and allowances SA 1572. Mr. KOHL submitted an amendment intended to be proposed by which (as determined under subsection (d))— amendment intended to be proposed by

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.114 S25JYPT1 S8894 CONGRESSIONAL RECORD — SENATE July 25, 2005 him to the bill S. 1042, to authorize ap- port setting forth a plan to meet the require- (c) OFFSET.—The amount authorized to be propriations for fiscal year 2006 for ment in subsection (a). The report shall in- appropriated by section 102(a)(4) for other military activities of the Department clude— procurement for the Navy is hereby reduced of Defense, for military construction, (1) an analysis of the capacity of the indus- by $3,00,000, with the amount of the reduc- trial base in the United States to meet re- tion to be allocated to amounts available for and for defense activities of the De- quirements for a second domestic source for Ordnance Support Equipment, Ship Missile partment of Energy, to prescribe per- the production and supply of tires for the Systems Equipment for the Phalanx sonnel strengths for such fiscal year Stryker combat vehicle; and SeaRAM. for the Armed Forces, and for other (2) to the extent that the capacity of the purposes; which was ordered to lie on industrial base in the United States is not SA 1577. Mr. NELSON of Nebraska the table; as follows: adequate to meet such requirements, rec- submitted an amendment intended to At the end of subtitle G of title X, insert ommendations on means, over the short- be proposed by him to the bill S. 1042, the following: term and the long-term, to address that in- to authorize appropriations for fiscal SEC. 1073. HEALTH SERVICE PROGRAMS. adequacy. year 2006 for military activities of the Section 7901 of title 5, United States Code, Department of Defense, for military is amended— SA 1575. Mr. SESSIONS submitted an construction, and for defense activities (1) in subsection (a), by inserting ‘‘or mem- amendment intended to be proposed by of the Department of Energy, to pre- bers of the components of the Armed Forces’’ him to the bill S. 1042, to authorize ap- scribe personnel strengths for such fis- after ‘‘employees’’; and propriations for fiscal year 2006 for cal year for the Armed Forces, and for (2) in subsection (b)(2), by inserting ‘‘or military activities of the Department other purposes; which was ordered to members of the components of the Armed of Defense, for military construction, Forces’’ after ‘‘employees’’. lie on the table; as follows: and for defense activities of the De- At the end of subtitle F of title V, add the SA 1573. Ms. SNOWE (for herself and partment of Energy, to prescribe per- following: Ms. COLLINS) submitted an amendment sonnel strengths for such fiscal year SEC. 573. ADDITIONAL LEAVE FOR MEMBERS OF intended to be proposed by him to the for the Armed Forces, and for other THE ARMED FORCES IN CONNEC- bill S. 1042, to authorize appropriations purposes; which was ordered to lie on TION WITH CERTAIN PRE-ADOPTION the table; as follows: ACTIVITIES. for fiscal year 2006 for military activi- (a) AUTHORITY TO GRANT ADDITIONAL ties of the Department of Defense, for At the end of subtitle B of title II, add the LEAVE.—Section 701 of title 10, United States military construction, and for defense following: Code, is amended by adding at the end the activities of the Department of Energy, SEC. 213. HYFIRE REUSABLE LOX/LNG PROPUL- following new subsection: to prescribe personnel strengths for SION TECHNOLOGY. ‘‘(i)(1) The Secretary concerned may, under such fiscal year for the Armed Forces, (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- uniform regulations prescribed by the Sec- VELOPMENT, TEST AND EVALUATION, AIR retary of Defense, grant a member of the and for other purposes; which was or- FORCE.—The amount authorized to be appro- armed forces adopting a child up to 21 days dered to lie on the table; as follows: priated by section 201(3) for research, devel- of leave to be used in connection with the At the end of subtitle C of title III, add the opment, test, and evaluation for the Air legal placement of the child in the home of following: Force is hereby increased by $2,000,000. the member in anticipation of the finaliza- SEC. 330. NAVY HUMAN RESOURCES BENEFIT (b) AVAILABILITY OF AMOUNT.—Of the tion of the adoption. CALL CENTER. amount authorized to be appropriated by ‘‘(2) In the event that two members of the (a) ADDITIONAL AMOUNT FOR OPERATION AND section 201(3) for research, development, test, armed forces who are spouses of each other MAINTENANCE, NAVY.—The amount author- and evaluation for the Air Force, as in- adopt a child for which leave may be granted ized to be appropriated by section 301(2) for creased by subsection (a), $2,000,000 may be under this subsection, only one such member operation and maintenance for the Navy is available for Aerospace Propulsion Power shall be granted leave in connection with hereby increased by $1,500,000. Technology (PE #603216F) for HyFire Reus- such adoption under this subsection. (b) AVAILABILITY OF AMOUNT.—Of the able LOX/LNG Propulsion Technology. ‘‘(3) Leave under this subsection is in addi- amount authorized to be appropriated by (c) OFFSET.—The amount authorized to be tion to leave provided under any other provi- section 301(2) for operation and maintenance appropriated by section 102(a)(4) for other sion of this section.’’. for the Navy, as increased by subsection (a), procurement for the Navy is hereby reduced (b) EFFECTIVE DATE.—The amendment $1,500,000 may be available for Civilian Man- by $2,00,000, with the amount of the reduc- made by subsection (a) shall take effect on power and Personnel for a Human Resources tion to be allocated to amounts available for January 1, 2006. Benefit Call Center in Machias, Maine. Ordnance Support Equipment, Ship Missile SA 1578. Mr. DURBIN submitted an Mr. VOINOVICH (for himself Systems Equipment for the Phalanx SA 1574. SeaRAM. amendment intended to be proposed by and Mr. DEWINE) submitted an amend- him to the bill S. 1042, to authorize ap- ment intended to be proposed by him SA 1576. Mr. SESSIONS submitted an propriations for fiscal year 2006 for to the bill S. 1042, to authorize appro- amendment intended to be proposed by military activities of the Department priations for fiscal year 2006 for mili- him to the bill S. 1042, to authorize ap- of Defense, for military construction, tary activities of the Department of propriations for fiscal year 2006 for and for defense activities of the De- Defense, for military construction, and military activities of the Department partment of Energy, to prescribe per- for defense activities of the Depart- of Defense, for military construction, sonnel strengths for such fiscal year ment of Energy, to prescribe personnel and for defense activities of the De- for the Armed Forces, and for other strengths for such fiscal year for the partment of Energy, to prescribe per- purposes; which was ordered to lie on Armed Forces, and for other purposes; sonnel strengths for such fiscal year the table; as follows: which was ordered to lie on the table; for the Armed Forces, and for other At the end of subtitle A of title VIII, add as follows: purposes; which was ordered to lie on the following: At the end of subtitle B of title I, add the the table; as follows: SEC. 807. REPORTS ON SIGNIFICANT INCREASES following: At the end of subtitle B of title II, add the IN PROGRAM ACQUISITION UNIT COSTS OR PROCUREMENT UNIT SEC. 114. SECOND DOMESTIC SOURCE FOR PRO- following: DUCTION AND SUPPLY OF TIRES COSTS OF MAJOR DEFENSE ACQUISI- FOR THE STRYKER COMBAT VEHI- SEC. 213. NEXT GENERATION INTERCEPTOR MA- TION PROGRAMS. CLE. TERIALS. (a) INITIAL REPORT REQUIRED.—Not later (a) REQUIREMENT.—The Secretary of the (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- than 90 days after the date of the enactment Army shall develop a second domestic source VELOPMENT, TEST AND EVALUATION, ARMY.— of this Act, the Secretary of Defense shall for the production and supply of tires for the The amount authorized to be appropriated submit to the congressional defense commit- Stryker combat vehicle. The source shall be by section 201(1) for research, development, tees a report on the acquisition status of any source determined by the Secretary to test, and evaluation for the Army is hereby each major defense acquisition program best respond to the logistics and mainte- increased by $3,000,000. whose program acquisition unit cost or pro- nance requirements of the Army. (b) AVAILABILITY OF AMOUNT.—Of the curement unit cost, as of the date of the en- (b) FUNDS.—Amounts authorized to be ap- amount authorized to be appropriated by actment of this Act, has exceeded by more propriated by section 101(3) for weapons and section 201(1) for research, development, test, than 50 percent the original baseline projec- tracked combat vehicles for the Army may and evaluation for the Army, as increased by tion for such unit cost. The report shall in- be available for activities under subsection subsection (a), $3,000,000 may be available for clude the information specified in subsection (a). Army Missile Defense Systems Integration (c). (c) REPORT.—The Secretary shall submit to (Non-Space) (PE #6033055A) for Next Genera- (b) ADDITIONAL REPORTS.—Not later than the congressional defense committees a re- tion Interceptor Materials. 90 days after the date on which the Secretary

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.114 S25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — SENATE S8895 determines that the program acquisition graph (1)(A) may enroll in the Registry or be 9582(a) not be released without prior written unit cost or procurement unit cost of a enrolled in the Registry by a parent of such parental consent shall be treated as an en- major defense acquisition program has ex- individual. rollment of such individual in the Registry. ceeded by more than 50 percent the original (d) ENROLLMENT IN REGISTRY.— (3) COORDINATION.—The Secretary of De- baseline projection for such unit cost, the (1) IN GENERAL.—An individual shall be en- fense and the Secretary of Education shall Secretary shall submit to the congressional rolled in the Registry through the submittal jointly take appropriate actions to ensure defense committees a report on such deter- to the Secretary of a notice of enrollment in the implementation of and compliance with mination. Each report shall include the in- the Registry. the requirements of this subsection. formation specified in subsection (c). (2) CONTENTS OF NOTICE.—A notice under (i) PERSONAL INFORMATION.—For purposes (c) INFORMATION.—The information speci- paragraph (1) shall include only the full of this section, the personal information of fied in this subsection with respect to a name (first, middle, and last name), date of an individual specified in this subsection is major defense acquisition program is the fol- birth, address, and telephone number of the the following: lowing: individual covered by the notice. (1) The full name. (1) An assessment of the costs to be in- (3) MECHANISMS FOR SUBMITTAL OF NO- (2) The date of birth. curred to complete the program if the pro- TICE.—The Secretary shall establish a vari- (3) The sex. gram is not modified. ety of mechanisms for the submittal of no- (4) The physical address, including city, (2) An explanation of why the costs of the tices under paragraph (1). Such mechanisms State, and zip code. program have increased. shall include— (5) The social security number. (3) A justification for the continuation of (A) a toll-free telephone number (com- (6) The email address (if any). the program notwithstanding the increase in monly referred to as an ‘‘800 number’’) estab- (7) The ethnicity. costs. lished by the Secretary for purposes of this (8) The telephone number. (d) MAJOR DEFENSE ACQUISITION PROGRAM section; (9) In the case of an individual who has not DEFINED.—In this section, the term ‘‘major (B) a prominently displayed Internet link graduated from secondary school— defense acquisition program’’ has the mean- from the Internet homepage of the Depart- (A) the name of the secondary school; and ing given that term in section 2430 of title 10, ment of Defense to an Internet webpage for (B) the anticipated graduation date. United States Code. the submittal and receipt of notices; (10) The grade point average at the most (C) a physical address to which notices recently-completed level of education. SA 1579. Mr. CORZINE (for himself, may be sent and will be received; and (11) The current education level. Mr. KENNEDY, Mr. LAUTENBERG, Mr. (D) such other mechanisms as the Sec- (12) Plans (if documented) for post-sec- DODD, Mr. JEFFORDS, and Mr. FEIN- retary considers appropriate. ondary education. GOLD) submitted an amendment in- (4) UTILIZATION OF NOTICE INFORMATION.— (13) Plans (if documented) for service in tended to be proposed by him to the Any information received by the Secretary the Armed Forces. in a notice under paragraph (1) shall be uti- (14) In the case of an individual attending bill S. 1042, to authorize appropriations lized solely for purposes of the Registry, and for fiscal year 2006 for military activi- an institution of higher education— may not be utilized for any other purposes. (A) the number of the institution; ties of the Department of Defense, for (e) NOTICE OF REGISTRY.—The Secretary of (B) the field of study (if determined); and Defense shall take appropriate actions to en- military construction, and for defense (C) the anticipated graduation date. sure that any individual eligible to enroll in activities of the Department of Energy, (15) In the case of an individual who in- the Registry, and any parent of such indi- to prescribe personnel strengths for tends to take the Armed Services Vocational vidual (in the case of an individual described such fiscal year for the Armed Forces, Aptitude Battery (ASVAB), the scheduled by subsection (c)(1)(A)), who is given mate- date of the battery. and for other purposes; which was or- rials or who is contacted in any way for mili- (16) In the case of an individual who has dered to lie on the table; as follows: tary recruitment purposes, receives imme- taken the Armed Services Vocational Apti- At the end of subtitle H of title V, add the diate and prominent notice of the Registry, following: the consequences of enrollment in the Reg- tude Battery, the Armed Forces Qualifying Test Category Score. SEC. 596. OPT OUT OF COLLECTION AND UTILIZA- istry, and the procedures for submitting no- TION OF PERSONAL INFORMATION tice of enrollment in the Registry. BY THE DEPARTMENT OF DEFENSE (f) DEPARTMENT OF DEFENSE RESPONSI- f FOR MILITARY RECRUITMENT PUR- BILITY FOR MAINTENANCE AND COLLECTION.— POSES. The Department of Defense shall be solely (a) ESTABLISHMENT OF REGISTRY.—The Sec- responsible for maintaining the Registry and PRIVILEGE OF THE FLOOR retary of Defense shall establish and main- for enrolling individuals in the Registry. The Mr. HARKIN. Mr. President, I ask tain a centralized registry of individuals who Department may not maintain the Registry unanimous consent that Chris Erikson opt to prohibit the Department of Defense or enroll individuals in the Registry by con- from obtaining, collecting, purchasing, stor- tract or through contractor personnel. and Dree Collopy of my staff be granting, maintaining, analyzing, holding, or oth- (g) PROHIBITION ON DISSEMINATION OF IN- ed the privilege of the floor for the du- erwise utilizing for military recruitment FORMATION OBTAINED IN RECRUITMENT.—The ration of today’s session. purposes the personal information with re- Secretary may not disseminate or disclose to The ACTING PRESIDENT pro tem- spect to such individuals, including (but not any individual not engaged in military re- pore. Without objection, it is so or- limited to) information specified in sub- cruitment activities any information ob- section (i). The registry shall be known as tained by the Department of Defense, or ob- dered. the ‘‘Student Privacy Protection Registry’’ tained by any contractor of the Department, Mr. JEFFORDS. Mr. President, I ask (in this section referred to as the ‘‘Reg- for the purposes of military recruitment ac- unanimous consent that Dr. Jonathan istry’’). tivities, including any such information Epstein, a legislative fellow in Senator (b) SINGLE REGISTRY.— maintained in the military recruitment BINGAMAN’s office, be granted the privi- (1) IN GENERAL.—The Registry shall be the databases of the Department and the Reg- lege of the floor during the pendency of sole source of information on individuals de- istry. scribed in subsection (a). The Secretary shall (h) COORDINATION OF LAWS RELATING TO IN- S. 1042 and any votes thereupon. not maintain separate or local registries or FORMATION FOR RECRUITMENT.— The ACTING PRESIDENT pro tem- databases of information on such individuals (1) ENROLLMENT CAUSES OPT OUT OF ACCESS pore. Without objection, it is so or- in addition to the Registry. TO STUDENT RECRUITING INFORMATION.—The dered. (2) ACCESS.—In order to facilitate compli- enrollment in the Registry of an individual ance with the requirement in paragraph (1), described by subsection (c)(1)(A) shall be Mr. REED. I ask unanimous consent the Secretary shall ensure access to the Reg- deemed to constitute the request of such in- that two fellows in my office, Tanya istry by all individuals engaged in military dividual’s parents that information de- Weinberg and Elizabeth Winkelman, be recruitment activities. scribed by paragraph (1) of section 9582(a) of granted the privilege of the floor for (c) INDIVIDUALS ELIGIBLE TO ENROLL IN the Elementary and Secondary Education the remainder of today’s session. REGISTRY.— Act of 1965 (20 U.S.C. 7908(a)) not be released The PRESIDING OFFICER. Without (1) IN GENERAL.—The following individuals without prior written parental consent in ac- may enroll in the Registry: cordance with paragraph (2) of such section. objection, it is so ordered. (A) Any individual who is older than 15 (2) OPT OUT OF ACCESS TO STUDENT RECRUIT- Mr. HARKIN. Mr. President, I ask years of age but younger than 18 years of ING INFORMATION CAUSES ENROLLMENT.—A re- unanimous consent that privilege of age. quest pursuant to paragraph (2) of 9582(a) of the floor be granted to Monica (B) Any individual who is older than 17 the Elementary and Secondary Education Severson during the duration of to- years of age but younger than 26 years of Act of 1965 by an individual described by sub- day’s session. age. paragraph (A) or (B) of subsection (c)(1), or a (2) ENROLLMENT OF CERTAIN INDIVIDUALS BY parent of such individual, that information The PRESIDING OFFICER. Without PARENTS.—An individual described by para- described by paragraph (1) of such section objection, it is so ordered.

VerDate Aug 04 2004 06:02 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.116 S25JYPT1 S8896 CONGRESSIONAL RECORD — SENATE July 25, 2005 EXPRESSING SYMPATHY FOR THE Whereas the terrorist attacks on Sharm el- under the previous order. I ask unani- PEOPLE OF EGYPT Sheik, Egypt were senseless, barbaric, and mous consent that there be 2 minutes cowardly acts carried out against innocent Mr. WARNER. Mr. President, I ask of debate equally divided between the civilians; stacked votes, and that following the unanimous consent that the Senate Whereas Egypt is a friend and ally of the now proceed to the consideration of S. United States and in the past has endured first vote all votes be 10 minutes, and Res. 210, which was submitted earlier terrorism against its innocent civilians; that the filing deadline for second-de- today. Whereas the people of the United States gree amendments be at 11 a.m. tomor- The PRESIDING OFFICER. The stand in solidarity with the people of Egypt row. clerk will report. in fighting terrorism; I further ask unanimous consent that The legislative clerk read as follows: Whereas President George W. Bush imme- the Senate stand in recess from 12:30, diately condemned the terrorist attacks on A resolution (S. Res. 210) expressing sym- or at the conclusion of the last vote, Sharm el-Sheik, Egypt and extended to the pathy for the people of Egypt in the after- whichever is latest, until 2:15 to accom- people of Egypt his personal condolences and math of the deadly terrorist attacks on the support of the United States; and modate the weekly party luncheons. Sharm el-Sheik, Egypt, on July 23, 2005. Whereas Secretary of State Condoleezza The PRESIDING OFFICER. Without There being no objection, the Senate Rice denounced the terrorist attacks on objection, it is so ordered. proceeded to consider the resolution. Sharm el-Sheik, Egypt and stated, ‘‘we con- Mr. REID. Mr. President, this tinue, all of us in the civilized world, to face f evening the Senate will agree to a reso- great challenges in terrorism, and we con- PROGRAM lution expressing our condolences to tinue to be united in the view that terrorism the people of Egypt for the deadly ter- must be confronted and that they will not Mr. WARNER. Mr. President, tomor- rorist attacks that swept the resort of succeed in destroying our way of life’’: Now, row, the Senate will resume consider- therefore, be it Sharm el-Sheik this past weekend. ation of the Defense authorization bill. Resolved, That the Senate— Under the previous order, there will be Hundreds were injured, and probably (1) expresses deep sympathies and condo- when it is all over, more than 100 will lences to the people of Egypt and the victims 20 minutes of debate equally divided on have died after terrorists detonated and the families of the victims for the hei- the Collins and Lautenberg amend- four large bombs in a crowded hotel in nous terrorist attacks that occurred in ments, followed by a series of stacked this seaside resort. Sharm el-Sheik, Egypt on July 23, 2005; votes. Among the dead was an American, (2) condemns the barbaric and unwarranted We will have up to five votes begin- Kristina Miller, of Las Vegas, NV. terrorist attacks that killed and injured in- ning at approximately 10:15 a.m., and Kristina was a daughter of Nevada and nocent people in Sharm el-Sheik, Egypt; Senators should make sure they adjust (3) expresses strong and continued soli- their schedules accordingly. a citizen of the world. A 1996 graduate darity with the people of Egypt and pledges of Durango High School, Kristina was to remain shoulder-to-shoulder with the peo- f remembered by her friends as good- ple of Egypt to bring the terrorists respon- hearted, popular, and always adven- sible for the brutal attacks on Sharm el- ADJOURNMENT UNTIL 9:45 A.M. turous. Sheik, Egypt to justice; and TOMORROW She was in London on July 7 when (4) calls upon the international community the terrorists struck the mass transit to renew and strengthen efforts to— Mr. WARNER. Mr. President, if there system of London. She survived those (A) defeat terrorists by dismantling ter- is no further business to come before attacks unscathed and decided to go to rorist networks and exposing the violent and the Senate, I ask unanimous consent nihilistic ideology of terrorism; that the Senate stand in adjournment Egypt on vacation when these tragic (B) increase international cooperation to attacks occurred at the resort she under the previous order. advance personal and religious freedom, eth- There being no objection, the Senate, chose to go to. nic and racial tolerance, political liberty and Acts of terror, such as that which pluralism, and economic prosperity; and at 8:25 p.m., adjourned until Tuesday, took her life, are a tragedy no matter (C) combat the social injustice, oppression, July 26, 2005, at 9:45 a.m. poverty, and extremism that breeds sym- where they occur, but the loss of one of f our own spreads personal sadness pathy for terrorism. across Nevada and the entire country. f NOMINATIONS They also generate a sense of resolve APPOINTMENT Executive nominations received by and solidarity to hunt down and to the Senate July 25, 2005: bring to justice the thugs responsible The PRESIDING OFFICER. The for these heinous acts. Chair, on behalf of the President pro DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I am glad the Senate will speak with tempore, upon the recommendation of DARLENE F. WILLIAMS, OF TEXAS, TO BE AN ASSIST- one voice in condemning these barbaric the Majority Leader, pursuant to Pub- ANT SECRETARY OF HOUSING AND URBAN DEVELOP- acts, and I personally extend my deep- lic Law 105–292, as amended by Public MENT, VICE DENNIS C. SHEA, RESIGNED. est sympathy to the victims, especially Law 106–55, and as further amended by INTERNATIONAL BANK FOR RECONSTRUCTION the family and friends of Kristina Mil- Public Law 107–228, appoints the fol- AND DEVELOPMENT ler. lowing individual to the United States JENNIFER L. DORN, OF NEBRASKA, TO BE UNITED Mr. WARNER. Mr. President, I ask Commission on International Religious STATES ALTERNATE EXECUTIVE DIRECTOR OF THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DE- unanimous consent that the resolution Freedom: Dr. Richard D. Land of Ten- VELOPMENT FOR A TERM OF TWO YEARS, VICE ROBERT be agreed to, the preamble be agreed nessee, for a term of two years (July 25, B. HOLLAND, TERM EXPIRED. to, and the motion to reconsider be laid 2005—July 24, 2007). DEPARTMENT OF STATE upon the table. f C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO The PRESIDING OFFICER. Without BE REPRESENTATIVE OF THE UNITED STATES OF AMER- ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- objection, it is so ordered. ORDERS FOR TUESDAY, JULY 25, TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- The resolution (S. Res. 210) was 2005 POTENTIARY. RICHARD HENRY JONES, OF NEBRASKA, A CAREER agreed to. Mr. WARNER. Mr. President, I ask MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF The preamble was agreed to. unanimous consent that when the Sen- CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- The resolution, with its preamble, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ate completes its business today, it OF AMERICA TO ISRAEL. reads as follows: FRANCIS JOSEPH RICCIARDONE, JR., OF NEW HAMP- stand in adjournment until 9:45 a.m. on SHIRE, A CAREER MEMBER OF THE SENIOR FOREIGN S. RES. 210 Tuesday, July 26. I further ask that fol- SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AM- Whereas on July 23, 2005, terrorists struck lowing the prayer and the pledge, the BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the Red Sea resort city of Sharm el-Sheik, THE UNITED STATES OF AMERICA TO THE ARAB REPUB- morning hour be deemed to have ex- LIC OF EGYPT. Egypt, detonating explosives in a crowded FEDERAL DEPOSIT INSURANCE CORPORATION hotel that killed dozens of the people of pired, the Journal of proceedings be ap- Egypt and foreign tourists from around the proved to date, the time for the two MARTIN J. GRUENBERG, OF MARYLAND, TO BE A MEM- leaders be reserved, and the Senate BER OF THE BOARD OF DIRECTORS OF THE FEDERAL DE- world, including a citizen of the United POSIT INSURANCE CORPORATION FOR A TERM EXPIRING States, and injured approximately 200 others; then resume consideration of S. 1042, as DECEMBER 27, 2012. (REAPPOINTMENT)

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