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

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

Vol. 151 WASHINGTON, WEDNESDAY, OCTOBER 5, 2005 No. 128 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, October 6, 2005, at 10 a.m. Senate WEDNESDAY, OCTOBER 5, 2005

The Senate met at 10:01 a.m. and was APPOINTMENT OF ACTING propriations bill. We began consider- called to order by the Honorable DAVID PRESIDENT PRO TEMPORE ation on that bill last Thursday. Since VITTER, a Senator from the State of The PRESIDING OFFICER. The that time, Members have had Thursday Louisiana. clerk will please read a communication night, Friday, and all day Monday. We to the Senate from the President pro were here all day Monday, all day yes- PRAYER tempore (Mr. STEVENS). terday, Tuesday, to offer amendments. The assistant legislative clerk read We will continue with the amendment The Chaplain, Dr. Barry C. Black, of- the following letter: process through today. fered the following prayer: As I have announced previously, we U.S. SENATE, Let us pray. PRESIDENT PRO TEMPORE, will stack votes beginning at sometime Eternal and ever blessed God, help us Washington, DC, October 5, 2005. around 7:30 this evening to accommo- to walk in Your steps. Show us the To the Senate: date observance of the Jewish holiday. path of humility so that we will seek Under the provisions of rule I, paragraph 3, As I have said from the outset, our in- of the Standing Rules of the Senate, I hereby to serve others. Show us the path of tentions are we will finish the Depart- appoint the Honorable DAVID VITTER, a Sen- ment of Defense appropriations bill forgiveness so that we will give others ator from the State of Louisiana, to perform the same kind of mercy we so fre- this week prior to going out on our the duties of the Chair. week-long recess. It is a critically im- quently receive from You. Show us the TED STEVENS, path of courage so that we can choose President pro tempore. portant bill, something we will finish the challenging and narrow way that this week. Mr. VITTER thereupon assumed the Last night, I did file cloture on the leads to life. Show us the path of en- chair as Acting President pro tempore. bill. I filed in order to ensure we finish durance so that we will not become dis- Mr. MCCAIN. I suggest the absence of the bill this week in an orderly way. a quorum. couraged in doing well. Show us the Everyone has had the opportunity for path of loyalty so that nothing can The clerk will call the roll. The assistant legislative clerk pro- the last 3 or 4 days to come forward tempt us to disappoint You. and offer amendments. We will vote on Bless the Members of this body as ceeded to call the roll. Mr. FRIST. I ask unanimous consent those amendments tonight, and then they strive to walk in a way that will that the order for the quorum call be we would have the cloture vote tomor- honor You. As they seek Your wisdom, rescinded. row morning. guide them by the power of Your loving The ACTING PRESIDENT pro tem- Again, I encourage, as I have every providence. pore. Without objection, it is so or- day for the last several days, Members We pray in Your sovereign Name. dered. to come to the Senate and offer those Amen. amendments so we can vote on them. f We have had more than 100 amend- f RECOGNITION OF THE MAJORITY ments filed. It is imperative that the LEADER Senators who are serious about their PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- amendments and want them considered pore. The majority leader is recog- come forward and work with the man- The Honorable DAVID VITTER led the nized. agers over the course of this morning Pledge of Allegiance, as follows: f and not wait until tonight. We will finish the bill this week. I pledge allegiance to the Flag of the SCHEDULE United States of America, and to the Repub- As a reminder, we will recess from lic for which it stands, one nation under God, Mr. FRIST. Mr. President, shortly we 12:30 until 2:15 for the weekly party indivisible, with liberty and justice for all. will resume debate on the Defense ap- luncheons.

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

S11059

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The minority leader is recog- Negroponte has simply not been here. I ahead, to reflect on past deeds, and to nized. have the greatest respect for him, but ask for God’s forgiveness. f in a briefing—in 2 or 3 weeks, the elec- Rosh Hashanah is followed by Yom Kippur, the most solemn occasion on AMBASSADOR NEGROPONTE tions will have been over in Iraq. That is one of the reasons people are losing the Jewish calendar. Beginning on the Mr. REID. Mr. President, my staff re- faith in what is going on in Iraq—be- 10th day of Tishri—the evening of Octo- ceived a telephone call this morning, cause we do not have the information ber 12—the Jewish people will observe a less than an hour ago, indicating Am- to convey to the people. The adminis- day of fasting, of prayer, and reflec- bassador Negroponte would not be com- tration says just stay the course. We tion. And as with every year, they will ing today because the leader or his peo- want information. end the annual rite with the words: ple indicated he shouldn’t come. Negroponte, if he is told by the Re- ‘‘Next Year in Jerusalem.’’ We have these very important elec- publican leader not to come, he is not Israel, and the city of Jerusalem, a tions taking place in Iraq on October going to come. It is too bad. It is a per- city that both major parties recognize 15. This is an opportunity for Members fect day for this. The Jewish holiday is as its capital, is the birthplace to three to visit with Ambassador Negroponte, still on. Most Members would have the of the world’s great religions. It is rich who is, if not the expert on what is opportunity to come here. Senator in tradition, history, and culture, all of going on in Iraq, certainly one of the LIEBERMAN and a couple of others which truly touches the soul. two or three top people in the world to would not be able to, but we already From the mountains of the Golan to tell Members what is going on there. have on my side about 20 Senators will- the port of Eilat, Israel’s natural beau- This briefing is open to all Senators, ing and wanting to come. ty is as diverse as the religions that Democrats and Republicans. There cer- I am disappointed this will now have share its golden city of Jerusalem. tainly is no reason we should not be to become a political issue. It A land of economic and scientific in- able to do that. It is an important shouldn’t. I like Negroponte. He is novation, the mysticism of the past oversight responsibility we have. good. He is good for the country. I told unites with technology of the future. I hope the distinguished Republican the President personally that this was Perhaps most significantly, Israel is leader has not been part of telling a great choice he made to lead this new a symbol of the survival of the Jewish Negroponte and his people not to come intelligence agency. people. It shines as a beacon of hope to up here for that briefing at 3 to 4 There is no need to belabor the point Jews all over the world, even as it o’clock. I had a meeting this morning other than to say I am terribly dis- stands surrounded by a sea of tyr- at 9 o’clock. I invited all Senators to appointed that my Senators—and any- annies. come who were with me. We are going one else on the other side of the aisle— And to the United States, this small to have good attendance at that meet- want to come and listen to a presen- and besieged country is a vital partner ing. This is not a meeting in any way tation prior to the elections and now in the war on terror. The struggle it to do with anything other than find out are going to be unable to have this fights every day against terrorist what is going on. We have a responsi- briefing. That is too bad. forces, within and without its borders, bility to find out what is going on. I Mr. FRIST. Mr. President, I am a bit is part of the same struggle our troops would like to have the Ambassador offended when the Democratic leader fight every day in Iraq and Afghani- come often. I don’t know why we can’t knows last week we had defense, we stan—the same struggle that rocked go ahead with this briefing. had Generals Myers, Abizaid, and the island of Bali on Saturday. Mr. FRIST. Mr. President, with re- Casey brief Members extensively in a Reasonable people can and should de- gard to a briefing which was initiated bipartisan way in a tradition we have bate Israel’s policies. Serious, thought- on a partisan basis by the other side of set up that is working very well. We ful debate is crucial to devising effec- the aisle in spite of their knowledge have the Secretary of State, which he tive and correct solutions. It is the cor- that we do have an all-Senate briefing knows, coming on October 19 to have a nerstone of democracy. that is bipartisan in the tradition—we very similar briefing, addressing issues But we must always distinguish behave had over 20 different briefings, in- in Iraq, in Afghanistan. And tween those who raise legitimate ques- cluding one very useful one last week, Negroponte is coming, as I said, the tions about the specific policies of a one the week prior to that. On a par- following week. democratic state and those who use tisan basis, an all-Senate briefing was So we will work together. I do want criticism of Israel as a disguise for at- scheduled; a counteroffer was made. We to make it clear their invitation was tacks on the Jewish people. already have a meeting scheduled with initiated in a partisan way, with a let- I urge all of my colleagues to reflect the Ambassador here in 2 to 3 weeks. ter I was not a part of, not asked to be on the longstanding relationship, I will continue to work with the a part of, in the letter itself, the initial friendship, between the United States Democratic leader coming back and letter. I think we need to continue to and Israel; to wish our ally peace and forth. These all-Senator briefings we work together to continue these brief- prosperity in the year ahead; and to have, which are on a classified basis, ings, which are very important, as we work to strengthen, deepen, and im- have proven to be a very useful vehicle go forward. prove our bond as defenders of freedom. for all Senators to participate, to be f Mr. President, I yield the floor. able to ask questions of various rep- The ACTING PRESIDENT pro tem- resentatives, and is a very good model. ROSH HASHANAH pore. The minority leader is recog- I will continue to work with the Mr. FRIST. Mr. President, I would nized. Democratic leader. As he knows, Am- like to comment on the Jewish holiday f bassador Negroponte is coming in at this juncture, if I might. RETIREMENT OF TIMOTHY SCOTT about 21⁄2 or 3 weeks—I don’t know ex- I would like to take a moment to rec- actly what that date is for that par- ognize the Jewish holiday of Rosh Ha- WINEMAN ticular all-Senate briefing initiated on shanah and to reflect on the impor- Mr. REID. Mr. President, Timothy a bipartisan basis and not on a partisan tance of Israel to the Jewish people and Wineman has worked for the Senate for basis, which this last meeting was. the United States. 35 years. On September 28, the Senate Mr. REID. Mr. President, I know the Rosh Hashanah, also called the Jew- noted the outstanding service of Tim distinguished Republican leader has a ish New Year, began Monday evening. by adopting S. Res. 258.

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Under the previous order, the became the Senate’s financial clerk. I do not know how we could ever—I leadership time is reserved. Tim’s career in the Disbursing Office am sure it has happened sometime in f has been stellar. You could always the far distant past. I am sure it has count on Tim and his staff for topnotch happened. I hope it does not happen in DEPARTMENT OF DEFENSE service and to accommodate Members the future that they try to do this APPROPRIATIONS ACT, 2006 and staff. jury-rigged system, where you take an The ACTING PRESIDENT pro tem- Tim and his wife Pat met in high appropriations bill without having pore. Under the previous order, the school, got married, and have two chil- done an authorization bill. Senate will resume consideration of dren, Matthew and Lory. Matt and There are matters in that authoriza- H.R. 2863, which the clerk will report. Lory have provided Tim and Pat with tion bill dealing with prisoner abuse. A The assistant legislative clerk read four grandchildren—two boys and two number of people want to offer amend- as follows: girls. ments. They cannot offer an amend- A bill (H.R. 2863) making appropriations Tim plans to spend the first 6 months ment on the appropriations bill dealing trying to get his sea legs, enjoying for the Department of Defense for the fiscal with prisoner abuse. year ending September 30, 2006, and for other some ‘‘downtime’’ with his family and I see my friend, the Senator from purposes. playing a little golf. He and Pat then South Carolina, in the Chamber, the Pending: plan to do some traveling. They want mover of the legislation to have a look to go to Alaska to see what is hap- Bayh amendment No. 1933, to increase by at what has gone on in Abu Ghraib and $360,800,000 amounts appropriated by title IX pening there. other prison facilities the military has. I salute Tim on his service to the for Other Procurement, Army, for the pro- I think the author of the bill, Senator curement of armored Tactical Wheeled Vehi- Senate and congratulate him on a job MCCAIN from Arizona, may have a lit- cles for units deployed in Iraq and Afghani- well done. He certainly was part of the tle bit of expertise on prisoner of war stan, and to increase by $5,000,000 amounts Senate family and always will be. I abuse. I think he may have a little bit appropriated by title IX for Research, Devel- hope he enjoys his retirement. of authenticity when he comes before opment, Test and Evaluation, Defense-Wide, f for industrial preparedness for the imple- the Senate and says he wants to take a mentation of a ballistics engineering re- IRAQ AND THE DEPARTMENT OF look at that. search center. DEFENSE AUTHORIZATION BILL JOHN MCCAIN spent years of his life McCain amendment No. 1978, to prohibit Mr. REID. Mr. President, let me say in a prison camp in Vietnam, not days, the use of funds to pay salaries and expenses 1 this. Ambassador Negroponte came to weeks, months but years—try 5 ⁄2 and other costs associated with reimbursing the Senate the last time this past May. years—most of it in solitary confine- the Government of Uzbekistan for services ment. So he wants to offer an amend- rendered to the United States at Karshi- Did he talk anything about what was Khanabad airbase in Uzbekistan. going on with intelligence in Iraq or ment. He cannot do it unless he gets unanimous consent that he can have a Reed/Hagel amendment No. 1943, to trans- what was going on in Iraq, period? No. fer certain amounts from the supplemental He talked about international ter- vote on it. He can offer it, but it falls authorizations of appropriations for Iraq, Af- rorism. It is not as if we have been similar to everything else. But I will ghanistan, and the Global War on Terrorism bothering the Ambassador having him bet he is going to get unanimous con- to amounts for Operation and Maintenance, come here all the time. sent because we want him to be able to Army, Operation and Maintenance, Marine But I am disappointed to have to re- debate this issue. Who has more stand- Corps, Operation and Maintenance, Defense- port to the American people this is ing than the Senator from Arizona to wide activities, and Military Personnel in what is going on with this administra- raise this as an issue? order to provide for increased personnel Mr. President, we—I repeat—had a strengths for the Army and the Marine Corps tion: You never get to what the issue for fiscal year 2006. is. Put it off. Do not talk about it. Stay scheduled briefing at 3 o’clock today to Warner/Levin modified amendment No. the course. find out what is going on in Iraq deal- 1955, to authorize appropriations for fiscal In Iraq we have some problems: al- ing with intelligence. We have never, year 2006 for military activities of the De- most 2,000 dead Americans; 15,000, 16,000 ever had a briefing by Negroponte since partment of Defense, for military construc- wounded, many of them very badly. he has assumed his duties as head of tion, and for defense activities of the Depart- I in no way say this to disparage the the so-called DNI on April 21 of this ment of Energy, to prescribe personnel managers of this bill, one of whom is a year. We have not been briefed by him strengths for such fiscal year for the Armed winner of the Congressional Medal of on Iraq since he assumed his position. Forces. Honor, Senator DAN INOUYE; the other So I do not think we are being greedy The ACTING PRESIDENT pro tem- served valiantly in World War II as a taking an hour of his time. pore. The Senator from Arizona is rec- pilot. But their job would be much Ducking debates about our national ognized. easier if they had a Defense authoriza- defense has become too topical and AMENDMENT NO. 1977 tion bill prior to coming here to this typical in this country because we are Mr. MCCAIN. Mr. President, from my floor with an appropriations bill. It unable to bring matters before this conversations with the Senator from makes their job, if not impossible, ex- floor. No amendments, no votes, no de- Alaska, the chairman, I believe he tremely difficult. bates—that is not the way to do a bill agrees we will move forward; therefore, Let me explain what I am talking in the Senate. I call up amendment No. 1977, which is about. You authorize funding in the Why didn’t we finish the Defense au- filed at the desk. Congress, and then it goes to the all- thorization bill the first time? Because The ACTING PRESIDENT pro tem- important Appropriations Committee, we went to gun liability. So this proc- pore. Without objection, the pending and they determine what of the author- ess is unacceptable. We are a nation at amendments are set aside for the con- ization bill deserves money. That is ba- war. We have troops in Iraq, in Afghan- sideration of this amendment, which sically what it amounts to. There has istan. We have an opportunity to have the clerk will now report. to be some limit to spending, and that an open, honest debate about our na- The assistant legislative clerk read is what the Appropriation Committee’s tional defense. as follows: job is; to determine whether the money Our troops and the American people The Senator from Arizona [Mr. MCCAIN], should be spent. deserve better, and that is not what we for himself, Mr. GRAHAM, Mr. HAGEL, Mr. Well, here there is no authorization are having here. And the distinguished SMITH, and Ms. COLLINS, proposes an amend- bill. There is legislation in the author- majority leader said he was offended ment numbered 1977.

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We owe to it our sol- The amendment is as follows: it is to take up and complete the au- diers during this time of war to take a (Purpose: Relating to persons under the de- thorization bill, but that is a subject stand. So while I would prefer to offer tention, custody, or control of the United for another day. I know good-faith ef- this amendment to the DOD authoriza- States Government) forts are being made on both sides to tion bill, I am left with no choice but At the appropriate place, insert the fol- try to get the authorization bill up. to offer it to this appropriations meas- lowing: But that has not happened so, there- ure. I would note that I am offering SEC. ll. UNIFORM STANDARDS FOR THE INTER- fore, we are addressing this issue. this amendment in accordance with the ROGATION OF PERSONS UNDER THE options afforded under rule XVI of the DETENTION OF THE DEPARTMENT By the way, I have had a preliminary OF DEFENSE. ruling that this amendment is germane Standing Rules of the Senate. The amendment I am offering com- (a) IN GENERAL.—No person in the custody because there is reference made to it in or under the effective control of the Depart- the House version of the appropriations bines the two amendments I previously ment of Defense or under detention in a De- bill. filed to the authorizing measure. To partment of Defense facility shall be subject The Senate has an obligation to ad- fight terrorism, we need intelligence. to any treatment or technique of interroga- dress the authorizing legislation, as it That much is obvious. What should tion not authorized by and listed in the has an obligation to deal with the issue also be obvious is that the intelligence United States Army Field Manual on Intel- we collect must be reliable and ac- ligence Interrogation. that apparently led to the bill being pulled from the floor, which is Amer- quired humanely, under clear stand- (b) APPLICABILITY.—Subsection (a) shall ards understood by all our fighting ica’s treatment of its detainees. not apply to with respect to any person in men and women. To do differently the custody or under the effective control of Several weeks ago, I received a letter the Department of Defense pursuant to a from CPT Ian Fishback, a member of would not only offend our values as Americans but undermine our war ef- criminal law or immigration law of the the 82nd Airborne Division at Fort fort, because abuse of prisoners harms, United States. Bragg, and a veteran of combat in Af- ONSTRUCTION not helps, in the war on terror. (c) C .—Nothing in this section ghanistan and Iraq, and a West Point shall be construed to affect the rights under First, subjecting prisoners to abuse the United States Constitution of any person graduate. Over 17 months, he struggled leads to bad intelligence, because in the custody or under the physical jurisdic- to get answers from his chain of com- under torture, a detainee will tell his tion of the United States. mand to a basic question: What stand- interrogator anything to make the SEC. ll. PROHIBITION ON CRUEL, INHUMAN, OR ards apply to the treatment of enemy pain stop. Second, mistreatment of our DEGRADING TREATMENT OR PUN- detainees? But he found no answers. prisoners endangers U.S. troops who ISHMENT OF PERSONS UNDER CUS- In his remarkable letter, he pleads TODY OR CONTROL OF THE UNITED might be captured by the enemy—if STATES GOVERNMENT. with Congress, asking us to take action not in this war, then in the next. And (a) IN GENERAL.—No individual in the cus- to establish standards to clear up the third, prisoner abuses exact on us a tody or under the physical control of the confusion, not for the good of the ter- terrible toll in the war of ideas, be- United States Government, regardless of na- rorists but for the good of our soldiers cause inevitably these abuses become tionality or physical location, shall be sub- and our country. Captain Fishback public. When they do, the cruel actions ject to cruel, inhuman, or degrading treat- closes his letter by saying: of a few darken the reputation of our ment or punishment. I strongly urge you to do justice to your (b) CONSTRUCTION.—Nothing in this section country in the eyes of millions. Amer- men and women in uniform. Give them clear shall be construed to impose any geo- ican values should win against all oth- standards of conduct that reflect the ideals graphical limitation on the applicability of ers in any war of ideas, and we can’t let they risk their lives for. the prohibition against cruel, inhuman, or prisoner abuse tarnish our image. Yet degrading treatment or punishment under This comes from a young captain in reports of detainee abuse continue to this section. the U.S. Army who has served his coun- emerge, in large part, I believe, be- (c) LIMITATION ON SUPERSEDURE.—The pro- try both in Iraq and Afghanistan and cause of confusion in the field as to visions of this section shall not be super- who says it in a far more eloquent fash- seded, except by a provision of law enacted what is permitted and what is not. This ion than I have ever been able to. By amendment will go a long way toward after the date of the enactment of this Act the way, I thank God every day that we which specifically repeals, modifies, or su- clearing up this confusion. persedes the provisions of this section. have men and women the caliber of The first part of the amendment (d) CRUEL, INHUMAN, OR DEGRADING TREAT- Captain Fishback serving in our mili- would establish the Army Field Manual MENT OR PUNISHMENT DEFINED.—In this sec- tary. I believe the Congress has a re- as the uniform standard for the inter- tion, the term ‘‘cruel, inhuman, or degrading sponsibility to answer this call, a call rogation of Department of Defense de- treatment or punishment’’ means the cruel, that has come not just from this one tainees. The Army Field Manual and unusual, and inhumane treatment or punish- brave soldier but from so many of our its various editions have served Amer- ment prohibited by the Fifth, Eighth, and men and women in uniform. We owe it ica well through wars against both reg- Fourteenth Amendments to the Constitution to them. We sent them to fight for us of the United States, as defined in the United ular and irregular foes. It embodies the States Reservations, Declarations and Un- in Afghanistan and Iraq. We placed ex- values Americans have embraced for derstandings to the United Nations Conven- traordinary pressure on them to ex- generations, while preserving the abil- tion Against Torture and Other Forms of tract intelligence from detainees, but ity of our interrogators to extract crit- Cruel, Inhuman or Degrading Treatment or then we threw out the rules that our ical intelligence from ruthless foes. Punishment done at New York, December 10, soldiers had trained on and replaced Never has this been more important 1984. them with a confusing and constantly than today in the midst of the war on Mr. MCCAIN. Mr. President, this changing array of standards. We de- terror. The Army Field Manual author- amendment would do two things: one, manded intelligence without ever izes interrogation techniques that have establish the Army Field Manual as clearly telling our troops what was per- proven effective in extracting life- the uniform standard for the interroga- mitted and what was forbidden. And saving information from the most tion of Department of Defense detain- when things went wrong, we blamed hardened enemy prisoners. It is con- ees; and, two, prohibit cruel, inhu- them, and we punished them. I believe sistent with our laws and, most impor- mane, and degrading treatment of pris- we have to do better than that. tantly, our values. Let’s not forget oners in the detention of the Govern- I can understand why some adminis- that al-Qaida sought not only to de- ment. It is pretty simple and straight- tration lawyers might have wanted am- stroy American lives on September 11, forward. biguity so that every hypothetical op- but American values, our way of life, Mr. President, I regret, of course, as tion is theoretically open, even those and all we cherish. all my colleagues do, that this amend- the President has said he does not want We fight not just to preserve our ment has to be brought up on an appro- to exercise. But war doesn’t occur in lives and liberties, but also American

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11063 values. We will never allow the terror- There being no objection, the mate- Rear Admiral John D. Hutson, USN ists to take those away. In this war— rial was ordered to be printed in the (Ret.), Major General Melvyn Montano, that we must win, that we will win—we RECORD, as follows: ANG (Ret.), Major General Robert H. must never simply fight evil with evil. Scales, USA (Ret.), Major General Mi- SEPTEMBER, 2005. chael J. Scotti, USA (Ret.), Brigadier DEAR SENATOR MCCAIN: We strongly sup- This amendment would establish the General David M. Brahms, USMC port your proposed amendments to the De- Army Field Manual as the standard for fense Department Authorization bill con- (Ret.), Brigadier General James Cullen, interrogation of all detainees held in cerning detainee policy, including requiring USA (Ret.), Brigadier General Evelyn DOD custody. The manual has been de- all interrogations of detainees in DOD cus- P. Foote, USA (Ret.), Brigadier Gen- veloped by the executive branch for its tody to conform to the U.S. Army’s Field eral David R. Irvine, USA (Ret.), Briga- Manual on Intelligence Interrogation (FM dier General Richard O’Meara, USA own uses, and a new edition, written to (Ret.), Brigadier General John K. take into account the needs of the war 34–52), and prohibiting the use of torture and cruel, inhuman and degrading treatment by Schmitt, USA (Ret.), Brigadier General on terror and with a new classified any U.S. government agency. Stephen N. Xenakis, USA (Ret.), Am- annex, is due to be issued soon. This The abuse of prisoners hurts America’s bassador/Former Vietnam POW Doug- amendment would not set the field cause in the war on terror, endangers U.S. las ‘‘Pete’’ Peterson, USAF (Ret.), manual in stone. It could be changed at service members who might be captured by Former Vietnam POW Commander any time. the enemy, and is anathema to the values Frederick C. Baldock, USN (Ret.), Americans have held dear for generations. Former Vietnam POW Commander The advantage of setting a standard For many years, those values have been em- Phillip N. Butler, USN (Ret.). for interrogation based on the field bodied in the Army Field Manual. The Man- Mr. MCCAIN. The second part of this manual is to cut down on the signifi- ual applies the wisdom and experience amendment should not be objection- cant level of confusion that still exists gained by military interrogators in conflicts able to anyone since I am actually not with respect to which interrogation against both regular and irregular foes. It authorizes techniques that have proven ef- proposing anything new. The prohibi- techniques are allowed. The Armed tion against cruel, inhumane, and de- Services Committee has held hearings fective in extracting life-saving information from the most hardened enemy prisoners. It grading treatment has been a long- with a slew of high-level Defense De- also recognizes that torture and cruel treat- standing principle in both law and pol- partment officials, from regional comment are ineffective methods, because they icy in the United States. Before I get manders to judge advocate generals to induce prisoners to say what their interroga- into why the amendment is necessary, the Department’s deputy general coun- tors want to hear, even if it is not true, while let me first review the history. sel. A chief topic of discussion in these bringing discredit upon the United States. The Universal Declaration of Human hearings was what specific interroga- It is now apparent that the abuse of pris- Rights, adopted in 1948, states simply: tion techniques are permitted, in what oners in Abu Ghraib, Guantanamo and elsewhere took place in part because our men No one shall be subjected to torture or cruel, inhuman or degrading treatment or environments, with which DOD detain- and women in uniform were given ambiguous punishment. ees, by whom and when. The answers instructions, which in some cases authorized have included a whole lot of confusion. treatment that went beyond what was al- The International Covenant on Civil If the Pentagon’s top minds can’t sort lowed by the Army Field Manual. Adminis- and Political Rights, to which the these matters out, after exhaustive de- tration officials confused matters further by United States is a signatory, states the bate and preparation, how in the world declaring that U.S. personnel are not bound same. The binding Convention Against do we expect our enlisted men and by longstanding prohibitions of cruel treat- Torture, negotiated by the Reagan ad- ment when interrogating non-U.S. citizens women to do so? ministration and ratified by this body, on foreign soil. As a result, we suddenly had prohibits cruel, inhuman, and degrad- Confusion about the rules results in one set of rules for interrogating prisoners of ing treatment. On last year’s DOD au- abuses in the field. We need a clear, war, and another for ‘‘enemy combatants;’’ thorization bill, the Senate passed a bi- simple, and consistent standard, and one set for Guantanamo, and another for partisan amendment reaffirming that we have it in the Army Field Manual Iraq; one set for our military, and another for the CIA. Our service members were de- no detainee in U.S. custody can be sub- on interrogation. That is not just my nied clear guidance, and left to take the ject to torture or cruel treatment, as opinion but that of many more distin- blame when things went wrong. They deserve the U.S. has long defined those terms. guished military minds than mine. I better than that. All of this seems to be common sense, refer to a letter expressing strong sup- The United States should have one stand- in accordance with longstanding Amer- port for this amendment signed by 28 ard for interrogating enemy prisoners that is effective, lawful, and humane. Fortunately, ican values. But since last year’s DOD former high-ranking military officers, bill, a strange legal determination was including GEN Joseph Hoar, who com- America already has the gold standard in the Army Field Manual. Had the Manual been made that the prohibition in the Con- manded CENTCOM; GEN John followed across the board, we would have vention Against Torture against cruel, Shalikashvili, former Chairman of the been spared the pain of the prisoner abuse inhuman, or degrading treatment does Joint Chiefs of Staff; RADM John scandal. It should be followed consistently not legally apply to foreigners held Hutson and RADM Don Guter, who from now on. And when agencies other than outside the United States. They can each served as the Navy’s top JAG; and DOD detain and interrogate prisoners, there apparently be treated inhumanely. LTG Claudia Kennedy, who served as should be no legal loopholes permitting cruel or degrading treatment. This is the administration’s position, Deputy Chief of Staff for Army Intel- The amendments proposed by Senator even though Judge Abe Soafer, who ne- ligence. These and other distinguished McCain would achieve these goals while pre- gotiated the Convention Against Tor- officers believe the abuses at Abu serving our nation’s ability to fight the war ture for President Reagan, said in a re- Ghraib, Guantanamo, and elsewhere on terror. They reflect the experience and cent letter that the Reagan adminis- took place in part because our soldiers highest traditions of the United States mili- tration never intended the prohibition received ambiguous instructions which tary. We urge the Congress to support this against cruel, inhuman, or degrading in some cases authorized treatment effort. treatment to apply only on U.S. soil. that went beyond what the field man- Sincerely, What all this means is that America Joseph Hoar, USMC (Ret.), General John ual allows, and that had the manual Shalikashvili, USA (Ret.), General is the only country in the world that been followed across the board, we Donn A. Starry, USA (Ret.), Lieuten- asserts a legal right to engage in cruel could have avoided the prisoner abuse ant General Ron Adams, USA (Ret.), and inhuman treatment. But the crazy scandal. Lieutenant General Robert G. Gard, thing is, it is not even necessary be- Why wouldn’t any of us do whatever Jr., USA (Ret.), Lieutenant General cause the administration has said it Jay M. Garner, USA (Ret.), Vice Admi- we could to have prevented that? will not engage in cruel, inhuman, or ral Lee F. Gunn, USN (Ret.), Lieuten- degrading treatment as a matter of By passing this amendment, our servant General Claudia J. Kennedy, USA policy. What this also means is that icemembers can follow the manual con- (Ret.), Lieutenant General Charles confusion about the rules becomes Otstott, USA (Ret.), Vice Admiral Jack sistently from now on. Our troops de- rampant again. We have so many dif- serve no less. Shanahan, USN (Ret.), Major General Eugene Fox, USA (Ret.), Major General fering legal standards and loopholes I ask unanimous consent that the John L. Fugh, USA (Ret.), Rear Admi- that our lawyers and generals are con- letter from 29 retired military officers ral Donald J. Guter, USN (Ret.), Major fused. Just imagine our troops serving be printed in the RECORD. General Fred E. Haynes, USMC (Ret.). in prison in the field.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11064 CONGRESSIONAL RECORD — SENATE October 5, 2005 The amendment I am offering simply One of the situations I would call to what we saw when we were down there, codifies what is current policy and re- the attention of the Senator from Ari- we were convinced they were receiving affirms what was assumed to be exist- zona is as we have visited with our peo- the kind of treatment and the interro- ing law for years. In light of the admin- ple in the field, now we have a unique gations were not such that they would istration’s stated commitment, it circumstance of having multinational be affected by this amendment. should require no change in our cur- and multiagency teams that are in the It is the people in the field, not peo- rent interrogation and detention prac- field. The question comes down to who ple really handling prisoner camps or tices. What it would do is restore clar- has custody or effective control of a handling interrogation of those persons ity on a simple and fundamental ques- person. Particularly I remember one who are seized by our forces and tion: Does America treat people team we saw which had five different brought to a camp or brought to a inhumanely? My answer is no. And nationalities including the intelligence place, a jail such as we all know has from all I have seen, America’s answer agencies and military agencies of those gone wrong in Iraq—but I am talking has always been no. nations. If this becomes law, it is my the people in the field now, multi- I travel a lot around the world, usu- opinion that those teams will be han- national teams, and their job is to find ally at taxpayers’ expense. Everywhere dled so that the United States does not out what these people who are captured I go, I encounter this issue of the treat- have custody, does not have control, know in order to prevent further acts ment of prisoners and the photos of and the kind of treatment we seek will of terrorism. It is a very touchy thing Abu Ghraib and what is perceived in not be given to people who are made to deal with, I know, to really talk the world to be continued mistreat- prisoners by multinational teams that about it. ment of prisoners. It is harming our are searching out terrorists throughout The administration has told us that image in the world terribly. We have to the world. they are complying with all the con- clarify that that is not what the United This is a different war now. I believe stitutional, statutory, treaty obliga- States is all about. That is what makes we are seeing the beginning of a cru- tions that apply to U.S. interrogation us different. That is what makes us dif- sade against freedom from the militant practices. They are telling us that they ferent from the enemy we are fighting. terrorist Islamic entities throughout know the Convention Against Torture The most important thing about it is the world. We see the suicide bombers. requires the United States to ensure not our image abroad but our respect We see the people who are inflicting that torture is a crime whether com- for ourselves at home. terrible damage from Indonesia, the mitted anywhere by a U.S. national or Let me close by noting that I hold no Philippines, to all throughout the Cen- to prevent any of the entities that are brief for the prisoners. I do hold a brief tral Command, and we have teams out under the control of the United States for the reputation of the United States trying to find these people. from any acts of cruel, inhumane, or of America. We are Americans. We hold Of course, one of their first jobs is to degrading treatment or punishment. ourselves to humane standards of interrogate anyone they capture to try We totally agree with the efforts of the treatment of people, no matter how to see if we can find out where the rest Senator from Arizona in that regard, evil or terrible they may be. To do oth- of them are and how they are func- and the President has directed the erwise undermines our security, but it tioning. If this amendment passes, the Armed Forces to treat any detainee hu- also undermines our greatness as a na- United States will not have effective manely and comply with the appro- tion. We are not simply any other control of those people. It will be im- priate and consistent military proce- country. We stand for something more possible to interrogate under the sys- dures that are consistent with the Ge- in the world, a moral mission, one of tems we have used in the past because neva Conventions. freedom and democracy and human we cannot list in a field manual all of That is a given. But this amendment rights at home and abroad. We are bet- the interrogation techniques that will goes further. This amendment will ter than these terrorists, and we will be used. It takes thousands of pages cover those entities with multiple na- win. The enemy we fight has no respect anyway. But the techniques vary upon tionalities, multiple agencies, and be- for human life or human rights. They the circumstances and the physical lo- cause of the circumstances our people don’t deserve our sympathy. But this cation of the people involved. in the past have taken control of these, isn’t about who they are; this is about I have some memory from World War and some of the activities of the other who we are. These are the values that II in China when I witnessed some of nationalities involved would not be distinguish us from our enemies. our people—I was just a pilot, but I was consistent with this amendment. I say I urge my colleagues to support the what will happen in the future is we amendment. conveying some of these people from I yield the floor. place to place who had been tortured, will just not take control of them. This The ACTING PRESIDENT pro tem- and I can tell you they were brutally will be a deterrent to our people from pore. The Senator from Alaska is rec- treated by the Chinese when we were taking the leadership, and as they do, ognized. taking these people from place to place they will do everything they can to Mr. STEVENS. Mr. President, this is and they had prisoners. Some of them comply with the Geneva Conventions. a difficult subject to discuss, and as the were not Chinese. They were prisoners It is those circumstances, the new type minority leader indicated, no one is obviously of Japan. We had freed some of entities we use to combat terrorism more qualified to talk about this than of them, and they were—I have mem- that worries the administration. So I the Senator from Arizona. ory that those who were freed were can say—and I know the Senator from It is with some trepidation that I try still the responsibility of the United Arizona understands—it is the position to explain to him the position of the States. of the administration that this amend- administration and with which I hap- But as a practical matter, what do ment goes too far. pen to agree. The problem is not the you do with regard to a law that says We will not make a point of order. goal of the Senator from Arizona; the that all of the techniques must be list- There is no point of order that I know problem is the way it would be carried ed in the field manual; regardless of na- will apply to it anyway. But I do be- out under this amendment. This tionality or physical location, if an in- lieve it is a matter that ought to be ap- amendment would require that the dividual is in the custody or physical proached with caution. What does a field manual be changed. Currently the control of the United States, they shall multinational team do if they pick up field manual has a general description be subject to only the means of interro- a prisoner who they believe can give of the techniques of interrogation, and gation listed in the field manual. them information as to the location of it allows flexibility to determine what I appreciate very much what the Sen- terrorists who have committed severe will be used in terms of interrogation ator is trying to do. I think most of us acts of terrorism? The decision will be techniques based upon the cir- have gone down to Guantanamo to sat- made, I am sure, that we not take cus- cumstances that exist. We know that isfy ourselves that what is happening tody. The custody will go to other na- terrorists train their people to deal down there is in accordance with our tionalities involved in the team. We with the techniques of our interroga- concepts. Those people are totally will have no control. I believe the tion, so those techniques change under under the custody of the United States, amendment of the Senator from Ari- various circumstances. and certainly from my point of view zona is going to carry, but I believe we

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11065 have to give serious consideration to tive detention policies, and effective OLC [Office of Legal Counsel] does not rep- the implications I have just mentioned, prosecution tools to hold the terrorists resent the services; thus, understandably, and I hope the Senate will keep that in responsible because you have two audi- concern for servicemembers is not reflected ences. in their opinion. Notably, their opinion is si- mind. lent on the UCMJ and foreign views of inter- I yield the floor. No. 1, you have the terrorist commu- national law. The PRESIDING OFFICER (Mr. nity. I want every terrorist to know, if The general is telling the civilians MCCAIN). The Senator from South you are not killed on the battlefield that we live in a different world. This Carolina. and you are captured, things are going Mr. GRAHAM. Mr. President, No. 1, I to happen to you. You are going to be is a complex process, and if we inter- would like to recognize that Senator interrogated aggressively, but we are pret a torture statute in the way you are suggesting, we are going to get our STEVENS, who has so honorably served going to treat you humanely, not be- our country, is genuinely concerned cause we worry about your sensitivi- own people in trouble. He says: about the extent of this amendment. ties but because we don’t want to be- We nonetheless recommend that the Work- For those of you who are listening, come who we are interrogating. So we ing Group product accurately portray the Senator STEVENS was a World War II are going to keep that in place. services’ concerns that the authorization of pilot. He has gone in harm’s way in de- The President has said whether the aggressive counter-resistant techniques by fending his country. We have in the Geneva Convention applies or not we servicemembers will adversely impact the Chamber his counterpart on the Appro- are going to treat everybody in our following: priations Committee, Senator INOUYE, charge humanely, not because of them a. Treatment of U.S. servicemembers by a Medal of Honor winner, and the Sen- but because of us. And the debate here Captors and Compliance with International Law. ator occupying the chair is a former is what happens when somebody in POW. The food chain is going down your charge is not covered by the Ge- We have been the gold standard. We when I am speaking. But what I want neva Conventions. It is easy when take this moral high ground to make to try to discuss today is from a law- someone is a legal combatant. We sure if our people fall into enemy hands yer’s point of view and really from a know what the rules are. We have the that we will have the moral force to say, You better treat them right. If you citizen’s point of view. Geneva Conventions. We have been a I have had the honor for the last 20- signatory for 60 years. The Army Field don’t practice what you preach, nobody some years to be a member of the Manual covers that situation. The war listens. Sometimes that does not hap- Judge Advocate General’s Corps of the on terror is different. Vietnam was dif- pen, but you don’t want to erode the Air Force, a prosecutor, a defense ferent. We had people who were lawful, principle because it puts people at risk. Criminal and Civil Liability of DOD counsel, and I am now a Reserve mili- whom we were able to interrogate, de- Military and Civilian Personnel in Do- tary judge. That experience has been a tain, and prosecute without changing mestic, Foreign, and International Fo- wonderful experience. I have received who we were. rums. more out of it than given. Wearing the The Army Field Manual as a one-stop shop to guide the way we handle lawful All the reasons all the JAGs wanted uniform in any capacity is quite an to push back is that you are going too honor, and to be a military lawyer has combatants and enemy combatants is absolutely necessary if for no other far if you interpret the statutes as been one of the highlights of my life. I being proposed by the Department of have never been shot at. I had some cli- reason than to protect our own troops. That is why we are doing this. That is Justice. Some of the techniques violate ents who probably wanted to kill me. the Uniform Code of Military Justice. But other than that, I do understand one of the main reasons—to make sure that your own troops don’t get in trou- Senator STEVENS is concerned about this debate pretty well. To me, it is not joint operations. Here is the rule: If much of a debate. We have as a nation ble because they are confused. I have been a military lawyer for 20 you are wearing America’s uniform, adopted the position that Senator years. We have confused people about you are going to be judged by Amer- MCCAIN described when it comes to as much as you can possibly confuse ican standards. You will never be pros- how you handle people in your care and them. And this all started with the ecuted unless you do something incon- custody. Bybee memo. I think we need to know sistent with our law. If you are part of One thing I would respond to Senator the history of where we have been, to an international group and wondering STEVENS is that the Army Field Man- find where we are before we take cor- what to do with a prisoner in front of ual has sort of been the bible for inter- rective action. you, I suggest we let our troops know rogation for decades. If you are wor- Right after 9/11, this Nation was there are rules they must follow, and if ried, and I think it is a fair question, is shocked and shaken. We tried to make they see anything they think is out of there anything in the Army Field Man- sure we could secure our freedom and bounds, report it. ual that would unfairly restrict the security and do a balancing act, and we The best thing we can do for anybody ability of the United States to gain have done a pretty good job of it. How operating in the war on terror is give good information and defend ourselves can you be secure and still free? How them clarity about what to do in very from a bunch of rogue thug murderers, can you fight the worst enemy and still stressful situations. There is the com- the answer is no. You don’t have to not become the worst of yourself? I bat role. What do you do with some- trust me there. Go to Gitmo and ask think you can. body who is captured? You do what the the question of the people who are The Bybee memo was an effort by President says: You treat them hu- doing the interrogation of these terror- people at the Justice Department to manely, you interrogate them by ists: Is there anything in the Army take international torture statutes standards we can live by that will not Field Manual as written or being draft- that we had ratified and been party of erode our moral authority. ed that would impede your ability to and have the most bizarre interpreta- Where have those standards been in gather good information? And the an- tion basically where anything goes. It the last 50 or 60 years? The Army Field swer they told me was no. was an effort on the part of the Depart- Manual. You can change the Army So what is the value of having it? ment of Justice lawyers to stretch the Field Manual to adapt techniques to The value of having standardization law to the point the law meant noth- the war on terror. There is a classified when it comes to interrogation, deten- ing. And early on in this process, those section of the Army Field Manual. tion, and prosecution is of immeas- in uniform who happened to be mili- There is nothing about its adoption urable benefit to the force because, as tary lawyers stood up and spoke. that limits the ability to aggressively Senator MCCAIN indicated, a lot of the I am going to read from General interrogate people to get good intel- people implementing these policies Sandkuhler, Brigadier General of the ligence. But if you want to torture peo- when it comes to interrogation, deten- U.S. Marines, who was one of the judge ple, the Army Field Manual says no tion, and prosecution are in harm’s advocates to review this change in pol- and the President says no. It is now way themselves. One of the things we icy, this very liberal interpretation of time for Congress to say no, and that is have learned in this whole war on ter- what torture might be. He said: what this amendment is about. ror is that this Nation needs to have ef- The common thread among our rec- Congress has been AWOL when it fective interrogation techniques, effec- ommendation is concern for servicemembers. comes to the war on terror in terms of

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11066 CONGRESSIONAL RECORD — SENATE October 5, 2005 interrogation, detention, and prosecu- at Guantanamo Bay habeas corpus I am going to introduce every JAG tion, and we have done it in a way that rights. They are noncitizens, and they memo written about the original poli- weakens our Nation. We are the strong- are able to go to Federal court because cies. Their concern is we are putting est when all three branches are on the there is no clear direction from Con- our own people at risk. same sheet of music. It is important, if gress about how to treat these people. This is General Rives, my current we are going to win this war on terror, Mr. President, 185 of them have law- boss: not to give the moral high ground to yers, and they are absolutely over- Should any information concerning the ex- your enemy and to have laws that running the place. To me, it is absurd ceptional techniques— every branch of Government under- that an enemy combatant, noncitizen And they were exceptional— stands and the people implementing terrorist has habeas corpus rights, and become public, it is likely to be exaggerated/ these laws are not confused and they the reason they do is because we are distorted in both the U.S. and international will not get in trouble by following giving no guidance to the courts about media. This could have a negative impact on what we have said. Congress has been how we want these people treated. international, and perhaps even domestic, AWOL. It is now time for Congress to I believe it is now time to give guid- support for the war on terrorism. It could step up to the plate and offer assistance to the courts, to the country, to likewise have a negative impact on public perception of the U.S. military in general. ance in the war on terror to the admin- the international community, to those istration. That is exactly what we are in uniform serving us, and to the ter- This was written 6 February 2003. He doing. rorists about what we are going to do, was foretelling what was going to hap- I asked Judge Roberts, during the and Senator MCCAIN’s amendment has pen. These are not ACLU lawyers. This confirmation process, about this whole got it. It is the authority that has been is a Marine Corps general and a two- line of questioning. I said: missing in this great effort to win the star general in the Air Force who dedi- Do you believe that the Geneva Conven- war on terror. It is now bringing stand- cated their lives to defending their tion, as a body of law, that it has been good ardization into an area which had been country and holding us up to be the for America to be part of that convention? previously chaotic. Every military law- great Nation we are. ROBERTS: I do, yes. yer who has been looking at the poli- I urge my colleagues to please adopt GRAHAM: Why? cies proposed has come away confused. this amendment overwhelmingly. It ROBERTS: Well, my understanding in gen- will do a great service to future Presi- eral is it’s an effort to bring civilized stand- Let me tell you unequivocally that ards to conduct of war—a generally uncivi- the military legal community under- dents. It will be a great turning point lized enterprise throughout history; an effort stands what Senator MCCAIN is doing in the war on terror. It is needed. It is to bring some protection and regularity to and wholeheartedly adopts his efforts, a simple amendment. It uses the Army prisoners of war in particular. And I think that not only would it be good for the Field Manual as the bible for interro- that’s a very important international effort. Congress to speak with the same au- gation for lawful combatants and It is an important international ef- thority as the President, but it would enemy combatants. You can write it fort, and al-Qaida should not be consid- help the courts, and it would be good the way you need to. It does not lock ered a lawful combatant under Geneva for our troops if they had the protec- us into a position that would be under- Conventions. But it is about us, as Sen- tion of standardization. mining our efforts to get good intel- ator MCCAIN said. When we catch some- If you want to help our troops who ligence. It simply will be a document one who is not under the Geneva Con- are trying to win this war on terror, that covers how we behave in every ventions, it is important that our peo- give them the cover they need and the known situation from Guantanamo ple not only follow the dictates of the guidance they need. Do not throw them Bay to the battlefield in Afghanistan. President—treat them humanely—but to the wolves. We have had people pros- It will be something that will help our they know what to do. We are giving ecuted because they have been given an troops understand what they can and confusing policies in this new war on impossible task. They have been given cannot do. It will make us stronger as terror, this hybrid between a lawful the task of interpreting laws that a nation. combatant, enemy combatant, and reg- make no sense. And if you really do The second part of the amendment is ular combatant. We need to stand- want to stand by the troops, give them the most important. It says that we as ardize our techniques. guidance. Give them the guidance and a nation will do what the President How do we do that to make America the tools they can use to get good in- said: We will treat everybody in our the strongest? How can we effectively formation, not bad information, and charge humanely whether they deserve do that? We get the Congress involved, get information in a way that does not it or not because, as Senator MCCAIN we get the administration involved, embarrass our Nation and put us at said, it is about us, it is not about and we get the courts involved. Right risk. them. And it is now time for Congress now we have two court cases that are Abu Ghraib has been a giant step to speak. It will help us in court. When all over the board. Judges are telling back, a huge step back, and one of the the courts understand that the Con- us—Justice Scalia in one of the court reasons we had Abu Ghraib is because gress has come up with a plan in sup- cases is screaming out that Congress nobody there knew what they were port of the administration to interro- has been absent here. Congress needs to doing. They were not trained. They gate detainees, they will give great def- speak because the courts are not were overwhelmed. They did not have erence to that situation. When Con- equipped to run Guantanamo Bay. The consistency when it came to inter- gress is absent, they are going to be courts are not well equipped to interpreting the interrogation policies be- confused, and they are going to do pret military policy, and they need cause the policies made no sense. Some some things they really do not want to guidance from Congress. people are in jail now. Most of them do. I asked Justice Roberts about that. are in jail because of their own mis- This is a very important moment in One of his favorite Justices is Justice conduct. Some people have had their the war on terror. This brings us back Jackson. Justice Jackson in the careers ruined because they are trying into the light out of the darkness. It Youngstown steel case basically said to interpret policies nobody can under- allows us to interrogate enemy com- that the executive branch is at its stand. batants, unlawful combatants in a way strongest when it has the expressed or That is a huge deviation from the to get good intelligence without under- implied consent of Congress. way we conducted war for 50 to 60 mining who we are as a people. It is When I met with Judge Roberts on years, and we paid the price. We are al- necessary, it is legally necessary. It this whole issue about detention, inter- lowing courts to come in and do things will strengthen our hand in court. It is rogation, and prosecution of enemy they are not equipped to do because we very necessary to create certainty out combatants, he said this is an area have been AWOL as Congress. The best of confusion for our troops. where the courts would welcome con- thing we can do to win this war is have One thing I can say with absolute gressional involvement. policies that allow us to effectively in- certainty is that we have let the troops As a result of us being AWOL in Con- terrogate, detain, and prosecute terror- down when it comes to trying to give gress, there is a Supreme Court deci- ists without ceding the high ground. them guidance about what to do in sion, 5 to 4, giving enemy combatants And this amendment is a start. very stressful situations. We are trying

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11067 to give them the armor they need to hold or codify policies and procedures We want to make sure we do what we protect themselves from a terrible the administration says we are fol- can to secure transportation and infra- enemy. We are trying to give them the lowing today and intend to follow mov- structure, that we do what we can to intelligence they need to get ahead of ing forward. deploy technology, that we improve the enemy. The best thing we can do is As the Senator from Arizona pointed our preparedness. But it does not give them the guidance they need to out, his amendment would do two change the fact that in dealing with make sure we can win this war on ter- things: One, prohibit cruel, inhumane, terrorism our greatest asset or our ror and never lose the moral high or degrading treatment or punishment greatest tool will be intelligence gath- ground. of detainees. It is in specific compli- ering. Intelligence gathering will re- I urge every person to think long and ance with the Convention Against Tor- quire direct engagement with and in- hard about this amendment. To vote no ture that was signed by President terrogation of suspects, trying to gath- on this amendment, in my opinion, Reagan. The administration says we er information that can help us disrupt dramatically weakens us as a nation. are already upholding that standard these networks. To vote yes reinforces our values, pro- when it comes to treatment of detain- We are trying to gather information vides good guidance to make sure we ees, so this should not be a problem. that can help us prevent future at- get good intelligence, and protects our Secondly, the McCain amendment tacks. That process of interrogation, own people from being prosecuted. states simply that the interrogation needless to say, is complex and chal- I yield the floor. techniques used by the military on de- lenging. We have seen many of the The PRESIDING OFFICER. The Sen- tainees shall be those specified by the problems and some of the abuses that ator from Tennessee is recognized. Army Field Manual on Intelligence In- have been documented by some of the Mr. ALEXANDER. Mr. President, it terrogation. The military, not Con- previous speakers. is an honor to serve in the same body gress, writes that manual. We are told I think this calls out for a process with the Senator from Hawaii, a Con- that the technique specified in the that is more clear and better defined; gressional Medal of Honor winner, and manual will do the job. Further, it is interrogation tools, techniques, and with the Senator from Arizona because under revision, as has been pointed out, procedures that we can be sure are ap- of his distinguished service in Vietnam. to include techniques related to unlaw- plied consistently in the field. That is Whenever the Senator from Alaska, a ful combatants, including classified why I think this amendment is so im- pilot in World War II, who devoted portions that will continue to give the portant. That is why I think we have a most of his career here to under- President and the military a great deal fundamental obligation to support this standing our defense policies, urges of flexibility. amendment or at least some approach caution, I try to listen and pay atten- If the President of the United States to clarify these processes, standards, tion. But I rise today in support of the thinks these are the wrong rules, I and procedures used for interrogation. amendment by the Senator from Ari- would hope he would submit new rules I can think of two basic reasons that zona to the Defense appropriations bill, to Congress so that we can debate them this is important and that it will ben- and I ask unanimous consent to be and pass them. I made this same sug- efit our troops and our country. First, added as a cosponsor. gestion in July, but no alternative rule by establishing clear lines, procedures, The PRESIDING OFFICER (Mr. has been suggested so far. I am one and process for interrogation, we help GRAHAM). Without objection, it is so Senator who would give great weight our own troops, whether working in the ordered. to the President’s views on this mat- uniformed services or working in cov- Mr. ALEXANDER. Mr. President, I ter. ert operations or other intelligence- have listened carefully to the debate This has been a gray area for the gathering activities. We can be sure about whether it is appropriate for courts over time. In this gray area, the that they know what the allowances Congress to set the rules on the treat- question is, Who should set the rules? are, that they know what the process ment of detainees. I have listened care- In the short term, surely the President is, that they know what the procedure fully, but for me the question isn’t can. In the longer term, the people is, and, in effect, we provide them with even close. should, through their elected rep- appropriate protection and safeguards The people, through their elected resentatives. We are their elected rep- in doing their job. representatives, should set the rules resentatives. It is time for us to act. It In a similar way, we provide those infor how detainees and prisoners under is time for us to set the rules. We do dividuals with protection in the field of U.S. control are treated and interro- not want courts legislating from the combat should they be taken as a pris- gated. In the short term, the President bench and writing the rules. That oner of war. We want to make sure our can set the rules, but the war on terror leaves us to do our job. enemies do not have justification for is now 4 years old. We do not want In summary, it is time for Congress, using any interrogation techniques judges making up the rules. We Repub- which represents the people, to clarify that we would consider to be improper, licans often say we don’t like to see and set the rules for detention and in- cruel, or inhumane. judges legislating from the bench. So terrogation of our enemies. If the First, we are providing protection for the longer term, the people should White House would prefer different and establishing this clarity. Second, I set the rules. That is why we have an rules, I hope the President will tell us think we are sending an important independent Congress. That is our job. what rules and procedures he needs to message to our allies and our adver- In fact, the Constitution says quite succeed in the war on terror. saries—a message that while the legal clearly that is what Congress should If the argument is whether it is ap- standards that are enshrined in the do. Article I, section 8, of the Constitu- propriate for Congress to set clear Constitution do not apply to everyone tion says that Congress and Congress standards, I believe Congress should set in the world, our commitment to these alone shall have the power to make standards and will vote to support the basic principles of life, liberty, and the ‘‘Rules concerning Captures on Land amendment of the Senator from Ari- pursuit of happiness, our commitment and Water.’’ So Congress, as the Sen- zona. to basic principles of human dignity ator from South Carolina said, has a I yield the floor. and human rights do apply and we responsibility to set clear rules here. The PRESIDING OFFICER. The Sen- must find ways to define these stand- But the spirit of this amendment is ator from New Hampshire. ards, to clarify this commitment, even really one that I still hope the White Mr. SUNUNU. Mr. President, I rise in in the area of interrogating enemy House will decide to embrace. In es- support of the McCain amendment. combatants and interrogating poten- sence, as has been pointed out, the There has been a lot of discussion tial terrorists, suspected terrorists, in amendment codifies military proce- about the new challenges we face in the field. dures and policies—procedures in the dealing with organized terrorist cells So we send a clear message to our al- Army Field Manual and procedures re- around the world. The complexity and lies and adversaries that our commit- garding compliance with the Conven- the nature of those terrorist threats re- ment to these principles is real, that tion Against Torture signed by Presi- quires us to engage in ever more com- our desire to establish uniform stand- dent Reagan. These amendments up- bat activity that is nonconventional. ards is real.

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Sadly, it is because I think this is a fair-minded approach ally. the actions that they have taken on that allows the military itself, through This should be a noncontroversial this critical question have been unclear its code of conduct, to establish these amendment. It really requires two very and inconsistent. definitions that allows for the estab- simple and straightforward things: In early 2002, Alberto Gonzales, who lishment of a classified annex to deal First, that the treatment of detainees was then-White House Counsel, rec- with covert operations, deal with the comply with the Army’s Field Manual ommended to President Bush that the most sensitive of captives and the most on Interrogation; and, second, that the Geneva Conventions should not apply sensitive of interrogations so that we United States may not subject anyone to the war on terrorism. Colin Powell, are not undermining the intelligence in our custody to torture or cruel, in- former Chairman of the Joint Chiefs of gathering that we are attempting to fa- humane, or degrading treatment. It is Staff, who was then-Secretary of State, cilitate. that straightforward. objected strenuously to Attorney Gen- In fact, the approach that is taken This amendment would affirm our eral Gonzales’ conclusion. He argued has been endorsed, as was indicated by Nation’s very important, longstanding that we could effectively fight the war the Senator from Arizona, by many obligation not to engage in torture or on terrorism and we could live by the who have had very close and intimate other cruel treatment. This standard is Geneva Conventions, which have been experience with this type of interroga- enshrined in our U.S. Constitution and the law of the land in America for over tion. In the letter that Senator MCCAIN in several treaties which our Nation half a century. entered into the RECORD there were has adopted as the law of the land. Unfortunately, the President rejected two particular points that were made Just as important, this amendment Secretary Powell’s wise counsel and in- that I want to underscore, and that is, would make the rules clear for our sol- stead accepted Attorney General first, ‘‘the abuse of prisoners hurts diers so they know what the standards Gonzales’ recommendations. In Feb- America’s cause.’’ I think that is just a are that they should follow in the ruary of 2002, he issued a memo deter- fundamental and important underlying treatment of detainees. We owe this to mining that the Geneva Conventions point in this debate, that prisoner our troops. If they are going to risk would not apply to the war on ter- abuse hurts our cause. It hurts the their lives every day in defense of our rorism. Then the administration unilaterally moral arguments we are trying to country, we should give them stand- created new policies on the use of tor- make, the political arguments we are ards of conduct that are clear and un- ture. I am referring to, among other trying to make, and it does put our equivocal. things, the well-known Bybee memo of own men and women serving in uni- The prohibition on torture and other August 1, 2002, which has been publicly form or in intelligence-gathering oper- cruel treatment is deeply rooted in the history of America. Our Founding Fa- disclosed. They have claimed that the ations at risk. President has the right to set aside the Second, the United States should thers made it clear in the Bill of Rights law that makes torture a crime. They have one standard for interrogating that torture and other forms of cruel have narrowly defined torture as lim- enemy prisoners that is effective, law- treatment are prohibited. ited only to abuse that causes pain ful, and humane. That point brings me These principles have even guided us during the times of great national test- equivalent to organ failure or death. back to the concern that we send a They claim that it is legal to subject ing. During the Civil War, President clear message to our allies and adver- detainees to cruel, inhuman, and de- Abraham Lincoln asked Francis saries that our commitment to human grading treatment even though Con- Lieber, a military law expert, to create dignity and human rights is universal. gress has ratified the torture conven- a set of rules to govern the conduct of So I am pleased to support the tion, which explicitly prohibits cruel, amendment. I think it is a very impor- U.S. soldiers in the Civil War. The re- inhuman, and degrading treatment. tant first step. I think it gives the sult was the Lieber Code. It prohibited This fact was verified by Attorney Gen- military the flexibility that it de- torture and other cruel treatment of eral nominee Gonzales during con- serves, and I hope the military will use captured enemy forces. It really was firmation hearings before the Senate that flexibility well to add clarity, the foundation for the Geneva Conven- Judiciary Committee, in response to a standards, process, and procedure that tions. question which I asked him directly. will enable us to continue to interro- After World War II, the United States Despite all of this, the administra- gate prisoners and continue to gather took the lead in establishing a number tion continues to insist that their pol- intelligence in dealing with these ter- of treaties that banned the use of tor- icy is not to treat detainees rorist networks around the world, but ture and other cruel treatment against inhumanely. do it in a way that is consistent with all persons at all times. There are no What does this mean? Recently, I the intent, the principle, and the phi- exceptions to this prohibition. asked Timothy Flanigan this question. losophy of our Constitution. The United States has ratified these He was the Deputy to White House I yield the floor. treaties, including the Geneva Conven- Counsel Alberto Gonzales. Mr. Flani- The PRESIDING OFFICER. The Sen- tions and the torture convention. They gan has been nominated to be the Dep- ator from Illinois. are the law of the land. uty Attorney General, the second high- Mr. DURBIN. Mr. President, I rise Twice in the last year and a half, I est law enforcement official in the Na- today in support of amendment No. have authored amendments to affirm tion. Mr. Flanigan said inhumane 1977, which has been offered by Senator our Nation’s longstanding position treatment is ‘‘not susceptible to a suc- MCCAIN, the Presiding Officer, Senator that torture and other cruel treatment cinct definition.’’ GRAHAM, Senator HAGEL, Senator are illegal. Twice the Senate unani- I asked him whether the White House SMITH, and Senator COLLINS. First, let mously approved my amendments. had provided any guidance to our me commend Senator MCCAIN for the Both times the amendments were troops on the meaning of inhumane courage that he has shown, again, in killed behind closed doors of con- treatment. He acknowledged that they offering this amendment. There is not ference committees. Both times these had not. a single person in Congress who can amendments, which I offered and which I asked Mr. Flanigan about specific speak with more authority than Sen- were accepted by the Senate, were abuses. I asked him: would it be inhu- ator JOHN MCCAIN on the treatment of stricken from the bill at the insistence mane to beat prisoners or subject them prisoners of war. of the administration. to mock executions? He said, ‘‘It de- I have come to this floor many times As I understand it, the administra- pends on the facts and circumstances.’’ to address this issue, but my voice is tion does not support Senator MCCAIN’s I cannot imagine facts and cir- weak compared to his. He has lived this amendment. I sincerely hope that after cumstances in which it would be hu- experience in a way that none of us this debate, they will. mane to subject a detainee to a mock

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He was ees when high-ranking administration I can remember as a cadet at West Point, in prison for 6.5 years. officials do not seem to know or refuse resolving to ensure that my men would never In a letter to me in support of our ef- to respond to these direct questions? commit a dishonorable act, that I would pro- forts he wrote: The administration acknowledges tect them from that type of burden. It abso- Congress must affirm that America stands lutely breaks my heart that I failed some of that some people held by our Govern- by its moral and legal obligation to treat all them in this regard. prisoners, regardless of status, as we would ment have been mistreated. Some have It breaks my heart to think that this want the enemy to treat our own. Our coura- been tortured. They say these abuses soldier, risking his life for America in geous men and women deserve nothing less. were committed by a few bad apples, Afghanistan and Iraq, is now reaching Let me close finally by a quote from rogue soldiers on a night shift. out to us because we have failed to pro- Captain Fishback’s letter. But is it any wonder that people have vide him with guidance. I am thankful Some argue that since our actions are not been abused when the administration that Senator MCCAIN has stepped for- as horrifying as Al-Qaeda’s, we should not be and Congress do not make it clear that ward, along with you, Mr. President, concerned. When did Al Qaeda become any American policy prohibits subjecting and many others in this Chamber, to type of standard by which we measure the detainees to cruel and degrading treat- give him that guidance. morality of the United States? We are Amer- ment? Is it any wonder that people Captain Fishback is an honorable ica, and our actions should be held to a high- have been abused when we refuse to re- er standard, the ideals expressed in docu- man. Like the overwhelming majority ments such as the Declaration of Independ- pudiate un-American practices such as of the fine men and women who serve beating detainees? The administration ence and the Constitution. . . .If we abandon our country, he has not failed. We have our ideals in the face of adversity and ag- should not point the finger of blame at failed—to give him clear direction in gression, then those ideals were never really our troops for the logical consequences his conduct as a soldier. in our possession. I would rather die fighting of muddled and often contradictory The administration has failed to set than give up even the smallest part of the policies. clear rules for the treatment of detain- idea that is ‘‘America.’’ I have been to Iraq. I have spent time ees. We need to step in and clarify We are so fortunate to have men of with our troops. I have been humbled these with the amendment offered by his dedication and character serving by their courage and sacrifice. I have Senator MCCAIN. Cruel, inhuman, and our country in uniform. We owe it to visited Walter Reed Hospital many degrading treatment are prohibited. him, we owe it to the hundreds of thou- times. I have spoken with young sol- The Army Field Manual governs the sands of men and women who serve us diers who have suffered horrible inju- treatment of detainees. Senator every single day and risk their lives, to ries in the war, and I have attended fu- MCCAIN’s amendment will make that set clear rules so they know how to nerals for soldiers who lost their lives clear. treat detainees in custody. in this war, many from my own home In the past, the administration has I urge my colleagues to support the State. opposed amendments that affirm that amendment of Senator MCCAIN. I yield Our troops around the world and cruel, inhuman, or degrading treat- the floor. their families at home deserve our re- ment is illegal because they ‘‘would Mr. OBAMA. Mr. President, I support spect, admiration, and support. have provided legal protections to for- the amendment offered by the senior Just a few weeks ago, a brave U.S. eign prisoners to which they are not Senator from Arizona. I commend Sen- serviceman stepped forward to say that now entitled.’’ ator MCCAIN for his leadership on this he and other American soldiers need But the administration is not correct important issue. This amendment pro- clear rules and guidance on how to deal in this assertion. Cruel, inhuman, or hibits the cruel, inhuman, or degrading with detainees. CPT Ian Fishback is a degrading treatment is already prohib- treatment or punishment of persons graduate of West Point. He served in ited by the torture convention. under custody or control of the U.S. combat both in Afghanistan and Iraq. Their reasoning is revealing, how- Government. In other words, it outlaws He was so disturbed by what he had ex- ever. They do not seem to understand the torture of prisoners by agents of perienced that he wrote to our col- the real issue at stake in this debate. the United States, regardless of their league, Senator MCCAIN. The letter is This is not about legal protections for geographic location. now public. It was published in the foreign prisoners. It is about who we I am, and always have been, opposed Washington Post last week. are as a people. Torture is not Amer- to the use of torture. I believe that our Senator MCCAIN entered part of the ican; abusing detainees is not the brave men and women serving in the letter into the record earlier today. Let American way. Our brave men and Armed Forces share this view. Now me read a little more of the letter, women in uniform understand this, and more than ever, we must make it abso- which speaks so powerfully and elo- the plaintive plea of Captain Fishback lutely clear to our allies and our en- quently to our soldiers’ need for guid- makes that clear. emies that the United States does not ance and leadership. Listen to what I correspond with another soldier and will not condone this practice. Captain Fishback wrote: who served in Iraq and started sending This amendment does that in no uncer- For 17 months I tried to determine what me e-mails late at night about what tain terms. It acknowledges and con- specific standards governed the treatment of was really happening on the ground. He firms existing obligations under our detainees. . . . Despite my efforts, I have keeps in touch with me now from time own Constitution and the United Na- been unable to get clear, consistent answers to time. He recently wrote to me and tions Convention Against Torture. from my leadership about what constitutes said: Let me be clear on another point. I lawful and humane treatment of detainees. I We need to go back toward a strict applica- am committed to fighting terrorism am certain that this confusion contributed tion of the Geneva conventions. That is to a wide range of abuses including death and protecting our citizens and troops where our honor lies and that is what I was threats, beatings, broken bones, murder, ex- at home and abroad. I have the utmost taught since the day I joined the service. posure to elements, extreme forced physical respect, gratitude and admiration for exertion, hostage-taking, stripping, sleep Retired RADM John Hutson served our troops who are fighting on the deprivation and degrading treatment. I and our country for 28 years, and for the frontlines of the War on Terror, and I troops under my command witnessed some of last 3 years of his career he was the have no intention of undermining the these abuses in both Afghanistan and Iraq. Judge Advocate General, the top law- important job that they do. This administration should stand by yer of the Navy. He worked with me on But the use of torture does not en- the time-honored Geneva Conventions the amendments I authored. He sup- hance our national security. In fact, and the torture convention, rules that ports Senator MCCAIN’s amendment. In senior U.S. military officers have ar- have served us well in the past, rules a letter to me he wrote: gued that practicing torture can place

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11070 CONGRESSIONAL RECORD — SENATE October 5, 2005 U.S. troops in grave danger—especially These documents reveal a troubling Congress to provide clear guidance and if they are taken prisoner. In working pattern of abuses that occurred be- leadership that will direct the actions to keep our Nation and troops safe, we cause soldiers did not know what was of our troops. must not lose sight of this critical acceptable under this administration’s We have failed to meet this obliga- truth. vague detention and interrogation poli- tion. Soldiers continue to report that The United States should set an ex- cies. Several of the documents are the lack of clear guidance has created ample for the international commu- transcriptions of interviews of military an atmosphere of confusion and uncer- nity. Senator MCCAIN’s amendment re- personnel in Iraq that show a system- tainty around the world. Our failure to affirms a fundamental value of the atic failure of the Pentagon to properly confront this issue puts our troops at American people—that torture is mor- train soldiers on how to treat detain- greater risk of abuse and mistreatment ally reprehensible and has no place in ees. One report describes soldiers who, and undermines our credibility. this world. I am proud to support this because of a lack of guidance and train- This amendment will strengthen our affirmation, and I urge my colleagues ing from their command, engaged in ability to fight those who threaten the to do the same. ‘‘interrogations using techniques they United States. This amendment codi- Mr. LEAHY. Mr. President, I strong- literally remembered from movies.’’ fies into law that the Army Field Man- ly support Senator MCCAIN’s amend- Another document describes the shoot- ual must be used as the standard for in- ment to provide clear guidance for the ing of an Iraqi detainee in U.S. cus- terrogations. In addition, the amend- treatment of detainees in U.S. custody. tody. The report concludes that ‘‘this ment codifies that the U.S. will not This administration has steadfastly re- incident could have been prevented if subject detainees to cruel, inhumane fused to address the black mark on our [the soldier] had better training.’’ and degrading treatment. Nation caused by its interrogation Another report, released last week by This is a commonsense amendment policies and the resulting abuse of de- Human Rights Watch and based on that protects our troops and upholds tainees. Congress needs to take action. firsthand accounts of soldiers in the the standards that this country has Our credibility and reputation as a 82nd Airborne Division, details the held to since the beginning of our Re- world leader in human rights suffers widespread abuse of Iraqi detainees by public. from our unwillingness to openly ad- soldiers at Camp Mercury, a forward I urge my colleagues to vote in sup- dress the flaws in our system. More im- operating base near Falluja, Iraq. The port of this amendment. portantly, the failure to provide clear report states that detainees were se- Mrs. FEINSTEIN. Mr. President, I guidance on the treatment of detainees verely beaten and mistreated from 2003 rise in support of amendment No. 1977, puts our own troops at risk and under- through 2004, even after the photos offered by my colleague, Senator mines their efforts in Afghanistan and from Abu Ghraib became public. The MCCAIN. Iraq. I commend my colleagues across witnesses claim that detainees were This amendment would bring much- the aisle who are attempting to address abused at the request of military intel- needed clarity to the rules governing this problem, despite resistance from ligence personnel as part of the inter- how Americans treat captured pris- members of their own party and the oners and detainees. strong opposition of the White House. rogation process, but also claim that It will make clear that the Geneva The President has threatened to veto the abuse occurred simply as a way for Conventions apply to all people held in any legislation that would regulate the troops to ‘‘relieve stress.’’ One soldier the custody of the Department of De- treatment of detainees, claiming that allegedly broke a detainee’s leg with a fense. it would impinge on his Commander-in- baseball bat. In another incident, de- It provides a workable definition of Chief authority. I fail to see how a bill tainees were stacked into human pyra- ‘‘cruel and inhumane,’’ based on the requiring the humane treatment of de- mids and denied food and water. It is rules which govern how we treat crimi- tainees—the same treatment the Presi- time for this administration to finally dent claims they now receive—would acknowledge that such incidents were nals in the United States, and based impinge on his authority in any way. not the isolated acts of a few bad ap- firmly in the constitutional prohibi- It is Congress’s right under the Con- ples. These horrific acts were not iso- tions of cruel and unusual punishment. stitution to issue regulations gov- lated incidents on the night shift at Most importantly, it sets rules that erning the armed forces. This was Abu Ghraib. Unfortunately, similar are clear, simple and in accord with something I asked Chief Justice Rob- acts occurred at locations throughout basic American values. erts at his confirmation hearings, and Iraq and Afghanistan. First, let me make clear my view he agreed ‘‘that Congress can make A group of 28 senior military officers, that in this modern world of asym- rules that may impinge upon the Presi- including General John Shalikashvili, metric warfare, non-state actors, and dent’s command functions.’’ He an- recently wrote to Senator MCCAIN in unconventional threat, there is an ab- swered, ‘‘Certainly . . . the Constitu- support of his amendments addressing solute necessity to have a program to tion vests pertinent authority in [this] detainee treatment. That letter stated, securely hold prisoners and effectively area in both branches. The President is ‘‘The abuse of prisoners hurts Amer- interrogate them to provide timely in- the Commander-in-Chief . . . On the ica’s cause in the war on terror, endan- telligence. other hand; Congress has the authority gers U.S. servicemembers who might be But in my judgment, the current sys- to issue regulations governing the captured by the enemy, and is anath- tem is not working. armed forces, another express provision ema to the values Americans have held Over the course of the past 4 years, in the Constitution.’’ dear for generations. Our servicemem- there has been a great deal of confusion Senator GRAHAM said on the floor bers were denied clear guidance, and over the policies and practices of the this morning that, ‘‘Congress has been left to take the blame when things United States towards individuals the AWOL when it comes to the war on ter- went wrong. They deserve better than Government has taken into custody. ror in terms of interrogation, detention that.’’ I hope the President will con- This confusion has been evident at and prosecution, and we’ve done it in a sider these words before he vetoes a bill the highest levels of decisionmaking at way to weaken our Nation.’’ I agree that contains Senator MCCAIN’s the Pentagon, with memoranda author- with my friend, the Senator from amendment. izing this technique or that technique South Carolina. Without congressional Mr. HAGEL. Mr. President, I rise in being issued and rescinded within action, the problem of prisoner abuse support of Senator MCCAIN’s amend- weeks of one another. will continue to fester. ment No. 1977 regarding the treatment The confusion has been noted here in We continue to learn of abuses from of individuals who are in the custody the Senate. I sit on two committees press reports and the court-ordered re- or control of the United States. with jurisdiction, and have sat through lease of government documents in re- I cosponsored this amendment be- hours and hours of hearings and brief- sponse to Freedom of Information Act, cause the men and women making sac- ings—our Nation’s policy with respect FOIA, litigation. Documents that were rifices to defend our country deserve to detainees and prisoners of war is recently made public by the FOIA case clear standards for the treatment of de- still unclear to me. demonstrate why Senator MCCAIN’s tainees under U.S. control. It is the re- Frankly, the administration’s re- amendment is necessary. sponsibility of both the Executive and peated statements about ‘‘wherever

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We must show them that we are every uniformed JAG in the Depart- to the front lines. a government of laws, clearly written, ment of Defense, about the issuance of Seventeen months ago, enlisted openly promulgated and fairly en- instructions which basically violated members of the 82nd Airborne Infantry forced. our commitment to the Geneva Con- Division—honorable men risking their Captures and interrogations are part ventions. lives in Iraq—asked their commanding of war and, no less than other tools of In order to have the record complete, officer what the rules were for the war, must be wielded intelligently, hu- a couple of months later those were re- treatment of prisoners. manely, and within a set of rules for scinded and different orders were For 17 months, their commander, warfare that govern all who serve in issued at that time. But what if you CPT Ian Fishback, diligently searched uniform—whether privates or generals, are at the end of the chain and you get for the answer up and down his chain of seamen or admirals. these kinds of mixed messages? command. Here is what he has found, Our men and women in uniform, serv- So I thank the Senator from South and I quote: ing in Afghanistan, Iraq and at Guan- Carolina for pointing out from his We’ve got people with different views of tanamo Bay, have the right to clear, unique perspective how important this what ‘‘humane’’ means and there’s no Army direct and lawful leadership. is, since it is the men and women who statement that says ‘‘this is the standard for This amendment is good policy, is are in the JAG Corps who are respon- humane treatment for prisoners to Army of- just, and is long overdue. sible for prosecuting those who violate ficers.’’ Army officers are left to come up The PRESIDING OFFICER. The Sen- Geneva Conventions, and they need with their own definition of humane treat- ator from Arizona. clear guidance; or defending someone ment. Mr. MCCAIN. Mr. President, I ask who is accused of violating them, as Captain Fishback and his men have a unanimous consent that the Senator our men and women of the military are right to clear guidance. Their sac- from Illinois, Mr. DURBIN, be added as a entitled to defense just as they are sub- rifices entitle them to be allowed to do cosponsor. ject to prosecution. their job. An infantryman should not The PRESIDING OFFICER. Without Again, I thank the Senator from need to be a graduate of a law school to objection, it is so ordered. South Carolina. I appreciate the de- know what to do with a prisoner. Mr. MCCAIN. Mr. President, first I fense of the Senator from Alaska of the What this amendment does is to pro- thank my friend and colleague from administration’s position on this issue. vide clarity. South Carolina for his comments in I do not think he has been well in- It is incumbent on Congress to pro- support of this amendment. He does oc- formed by the administration, particu- vide this clarity. In fact, we have a cupy a unique position in this body, larly concerning the Army Field Man- constitutional mandate to do it. having served 20 years—61⁄2 years on ac- ual. Article VII, section 8 of the Constitu- tive duty as an Air Force lawyer and The Army Field Manual has a classi- tion states that Congress shall have member of the JAG Corps, and remains fied section which would not be avail- the power to ‘‘make Rules concerning in the Reserves to this day. He obvi- able to anyone except for those who Captures on Land and Water,’’ and also ously brings a perspective to this issue have a need to know. The Army Field ‘‘To make Rules for the Government which is very important. Manual has been used for decades. The and Regulation of the land and naval I think the Senator from South Caro- Army Field Manual is being revised as Forces.’’ lina described the confusion that ex- we speak to try to meet the new chal- Our men and women in combat badly isted over a period of time about this lenges we face. But the Army Field need this legislation. But there is more whole issue of treatment of prisoners. Manual, I am confident, will be in at stake here than immediate military There was a set of instructions issued keeping with the fundamental commit- necessity. which were in effect for a couple of ments we have made. Our soldiers and our Nation have a months, which were strongly objected All my career I have supported the long and honorable tradition of ethical to by the uniformed legal corps in the rights and prerogatives of the Com- behavior. For more than 200 years we Pentagon. Yet their concerns were mander in Chief. We need a strong have prided ourselves on being dif- overridden. President, and in wartime this is more ferent than our adversaries in war. The Senator from South Carolina important than ever. I understand the Simply put, there are some things that quoted one of them. Another one was administration would want to preserve Americans do not do, not because it is by RADM Michael Lohr, the Navy’s the President’s flexibility and wartime illegal, or some lawyer says we cannot, Judge Advocate General. He said the powers, and I do not believe that we but because it is wrong. situation at the American prison in can afford to have 535 Secretaries of The laws of war, codified in the Gene- Guantanamo, Cuba, might be so legal- State, Secretaries of Defense, or even va Conventions, represent a bare min- istically unique that the Geneva Con- Presidents of the United States. imum of acceptable behavior toward ventions and even the Constitution did I would like to point out the Con- captives. The United States has con- not necessarily apply. But, he asked, gress not only has the right but the ob- sistently championed the Geneva Con- Will the American people find we have ligation to act. Article I, section 8 of ventions for over a century, knowing missed the forest for the trees by condoning the Constitution of the United States, that our behavior is a beacon to the practices that, while technically legal, are clause 11: world, and that our adherence to prin- inconsistent with our most fundamental val- To declare War, grant Letters of Marque ciple—as well as projecting American ues? and Reprisal, and make Rules concerning values—saves American lives. General Rives said if the White House Captures on Land and Water[.] I am not naı¨ve. I do not expect our permitted abusive interrogations at I repeat: current enemy to respect the Geneva Guantanamo Bay, it would not be able . . . make Rules concerning Captures on Conventions. Our captured troops can- to restrict them to that single prison. Land and Water[.] not expect humane treatment at the He argued that soldiers elsewhere Someone is going to come down to hands of al-Qaida. But make no mis- would conclude that their commanders the floor and say that applied back in take—the eyes of the world are still on were condoning illegal behavior. And the time of the Framers of the Con- us, and our policies have real con- that is precisely what happened at Abu stitution; it didn’t apply to today. At sequences. Ghraib after the general who organized least from my point of view, unless Even now, millions of young Muslims the abuse of prisoners at Guantanamo there is an overriding need to change around the world are evaluating the went to Iraq to toughen up the interro- the Constitution of the United States— United States. They are deciding gation of prisoners there. if that clause of the Constitution no whether to take up arms against us, or I think it is clear that the White longer applies, then lets amend the whether to work with us towards a House ignored those military lawyers’ Constitution and remove it; otherwise, peaceful resolution with liberty and advice a couple of years ago. We now lets live by it. justice for all. We must show them, have, thanks to the yearlong effort of The Congress has the responsibility:

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The clerk will call the roll. out so well, are asking us—that well- The PRESIDING OFFICER. Is there a The Journal clerk proceeded to call known liberal judge, Justice Scalia, sufficient second? the roll. has said we need the Congress of the There is a sufficient second. Mr. GRAHAM. Madam President, I United States involved in this issue. The yeas and nays were ordered. ask unanimous consent that the order We, the courts, cannot do it ourselves. Mr. MCCAIN. Mr. President, I yield for the quorum call be dispensed with. As the Senator from South Carolina the floor. The PRESIDING OFFICER. Without pointed out, if we do not fulfill our con- Mr. STEVENS. Mr. President, this objection, it is so ordered. stitutional role, we are negligent. We Senator doesn’t agree with anything Mr. GRAHAM. Madam President, I owe it to our troops and our country to that has been said about the applica- ask unanimous consent to set aside the speak on this issue. bility of this provision to anyone in the pending amendment. I very much respect my friend, the military uniform. Most of the speakers The PRESIDING OFFICER. Without Vice President of the United States, have talked about men and women in objection, it is so ordered. Vice President CHENEY. He and I have the armed services. The amendment AMENDMENT NO. 2004 been friends for many years. I respect goes much further than that. Mr. GRAHAM. Madam President, I the way that he carefully guards the But first, the problem is it requires call up my amendment which is at the prerogatives of the President. But on the field manual to list every type and desk. this issue, I hope he and others would means of interrogation. Thousands of The PRESIDING OFFICER. The understand that we are dutybound to pages will be required. People will be clerk will report. take action. prosecuted in military courts if they The legislative clerk read as follows: I would like, again, to refer back to don’t know every single one of them, if Captain Fishback. He is what I view as they even cross the line by accident. The Senator from South Carolina [Mr. the tip of the iceberg that exists in the GRAHAM], for himself and Mr. MCCAIN, pro- This idea of listing all of the possible military today. They know how impor- poses an amendment numbered 2004. ways to interrogate a person is impos- tant this war on terror is. They are the sible. I say that should be changed. Mr. GRAHAM. Madam President, I ones who are fighting it. Captain Maybe they should issue from time to ask unanimous consent that reading of Fishback served in Afghanistan and in time additional items to go in the field the amendment be dispensed with. Iraq, and the ones I hear from are men manual. But to require that no one can The PRESIDING OFFICER. Without and women in the military who have a use a means of interrogation not listed objection, it is so ordered. very strong commitment to winning in advance when we are involved in a The amendment is as follows: the war on terror. They have laid their war on terror and we are dealing with (Purpose: To authorize the President to uti- lives on the line to win it. But they lize the Combatant Status Review Tribu- want clear, unequivocal guidelines as terrorists is wrong. Beyond that, this deals with any per- nals and Administrative Review Board to to how to treat prisoners of war. determine the status of detainees held at I would like to believe that this is son—not any military person. The Ge- Guantanamo Bay, Cuba) neva Conventions were originally in- the last war in which the United States At the appropriate place, insert the fol- will ever be involved. I would like to tended to deal with military prisoners. lowing: believe that from now on, after we win This is dealing with anyone who is SEC. ll.(a) AUTHORITY TO UTILIZE COM- this war on terror, we will have peace intercepted now anywhere in the world BATANT STATUS REVIEW TRIBUNALS AND AD- and the United States will never send who, regardless of nationality or phys- MINISTRATIVE REVIEW BOARD TO DETERMINE its men and women in harm’s way ical location, is in custody or physical STATUS OF DETAINEES AT GUANTANAMO BAY, control of the United States because a CUBA.—The President is authorized to utilize again. the Combatant Status Review Tribunals and History shows me otherwise. What person who is American happens to be there. a noticed Administrative Review Board, and happens in the next conflict when the procedures thereof as specified in sub- American military personnel are held Again, I mention these teams I have section (b), currently in operation at Guan- captive by the enemy and they make met with, and I respect multinational tanamo Bay, Cuba, in order to determine the the argument, with some validity, that teams. This, in effect, says that an status of the detainees held at Guantanamo we have violated the rules of war? American is responsible for anything Bay, including whether any such detainee is What happens to our men and women done by any member of that team. a lawful enemy combatant or an unlawful in the military then? That, to me, is wrong. enemy combatant. (b) PROCEDURES.— There are some who will say they What is more, I think it is wrong to presume there is no place in this coun- (1) IN GENERAL.—Except as provided in wouldn’t respect the rules of war, any- paragraph (2), the procedures specified in way. If they are not sure they are going try or in the operation of this country this subsection are the procedures that were to win, as the Germans weren’t in where we should not have the ability to in effect in the Department of Defense for World War II, they might treat our deal with terrorists on their own the conduct of the Combatant Status Review prisoners according to certain stand- ground. Tribunal and the Administrative Review ards if we insist upon those standards. These are vicious people, suicidal Board on July 1, 2005. I think there is a lot at stake. I re- people. I do not think they should be (2) EXCEPTION.—The exceptions provided in spect the position of the administra- accorded the rank and treatment of this paragraph for the procedures specified in paragraph (1) are as follows: tion, that these should be under the au- men and women in uniform from other nations. That is what this amendment (A) To the extent practicable, the Combat- thority and responsibility and would ant Status Review Tribunal shall determine, erode the flexibility of the President of does. I shall oppose it. I may be all by a preponderance of the evidence, whether the United States. I don’t believe so. alone, but I shall oppose it because I statements derived from persons held in for- This amendment basically restates think there is a place in our operations eign custody were obtained without undue what we have been practicing for cer- against individuals involved in the war coercion. tainly all of the 21st and the 20th cen- on terrorism where we deal with them (B) The Designated Civilian Official shall turies. as they deal with us. be an officer of the United States Govern- I think we owe it to the people, these These are not military people. They ment whose appointment to office was made brave young Americans such as Cap- may not even be American nationals by the President, by and with the advise and consent of the Senate. tain Fishback, who want and deserve a who are working for us in an under- (3) MODIFICATION OF PROCEDURES.—The clarification in the way they can carry cover way, but this says we are respon- President may modify the procedures and re- out their responsibilities and duties as sible for treating all these people ac- quirements set forth under paragraphs (1) they travel into harm’s way. cording to the Geneva Conventions and and (2). Any modification of such procedures

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They are procedures are blessed by the courts, armed conflict against the United States or not uniformed soldiers. they are blessed by the Congress, and its allies on behalf of a state party to the Ge- We are reviewing everyone that they are blessed by the administration. neva Convention Relative to the Treatment comes to Guantanamo Bay to see if It would be good to be able to say, as a of Prisoners of War, dated August 12, 1949, they deserve the status ‘‘enemy com- nation, that all three branches of Gov- who meets the criteria of a prisoner of war batant.’’ The term ‘‘enemy combatant’’ ernment—the executive branch, the ju- under Article 4 of that Convention. came out of World War II when we had (2) The term ‘‘unlawful enemy combatant’’, dicial branch and the legislative with respect to noncitizens of the United a Supreme Court case recognizing that branch—have all agreed on procedures States, means a person (other than a person term for German saboteurs who landed, to take enemy combatants off the bat- described in paragraph (1)) engaging in war, I think, in Florida and were trying to tlefield and give those people who are other armed conflict, or hostile acts against do sabotage throughout the United suspected of being enemy combatants the United States or its allies, regardless of States. These six or seven Germans due process rights consistent with location. were not in uniform. They were tried whom we are as a people and give Mr. GRAHAM. Madam President, I by a military commission. enough flexibility to the military to thank Senator STEVENS for allowing We have a military commission at make sure these people do not go back me to do this. I appreciate that we Guantanamo Bay that I totally sup- to the fight. have a busy day. port. And I think enemy combatant The truth is, several hundred have I totally understand where he is com- status was a result of that Supreme been captured and released. The proc- ing from about the interrogation Court case. They were given that deter- ess is working very well at Guanta- amendment. I come out on a different mination. namo Bay. I compliment the adminis- side. This amendment deals with the What we are trying to do is stream- tration for setting up a combat status combat status review procedure at line interrogation techniques to deal review process that has been changed a Guantanamo Bay. I think it is very with both lawful and unlawful combat- couple of times. It is eminently fair. necessary. I think it strengthens what ants. That helps our troops, gives them This amendment blessed that process. the administration is trying to do guidance. It has two small changes. It would when it comes to enemy combatants. I The second thing we are doing with strengthen the process, and it would think it helps the administration in my amendment is legitimizing, end this never-ending court debate court and is good policy for the coun- through congressional action, what the about what to do. try. administration has done at Guanta- The courts have been telling us, Con- No. 1, I totally agree with the Presi- namo Bay. The administration, in my gress, if you got involved, it would help dent that a member of al-Qaida should opinion, has put together a very good, us figure out what we should be doing. not be given Geneva Conventions sta- thorough process to look at each per- Justice Scalia, as Senator MCCAIN indi- tus. I say to my friend from Alaska son that comes to Guantanamo Bay to cated, screamed out, in a dissenting that Senator MCCAIN’s amendment determine whether or not they should opinion granting habeas corpus rights doesn’t confer Geneva Conventions sta- be classified as enemy combatants be- to enemy combatants, that the courts tus on enemy combatants. It standard- cause if they are classified as enemy are ill-equipped to run this war. Now, izes the interrogation techniques. The combatants, they can be detained in- with this amendment, the Congress Army Field Manual has a section for definitely and taken off the battlefield. will bless what the administration has lawful combatants, those covered The due process rights afforded an put in place, making small changes under the Geneva Conventions, and it enemy combatant have been up to the which will strengthen the administra- will have a provision for unlawful com- Supreme Court, and the Supreme tion’s hands in the court. The courts batants. Al-Qaida should not be given Court, for the most part, has blessed will feel more comfortable ratifying Geneva Conventions status. The Gene- the procedure. There have been some this process, and we will be a united va Conventions and the signatories to concerns expressed by the Court. nation, a united front in all three the convention set the rules for the My amendment tries to, one, legiti- branches of Government when it comes conduct of war. An unlawful enemy mize what the administration has cre- to dealing with enemy combatants. combatant is someone who goes around ated at Guantanamo Bay in terms of a It is very important that anyone who the battlefield without a uniform, review process to determine who is an engages in unlawful enemy combatant doesn’t represent a nation—a terrorist, enemy combatant and who is not. We activities against this Nation be taken for lack of a better word. They do not made two small changes. We have off the battlefield and kept off the bat- deserve the protection of the Geneva learned in the past that sometimes tlefield as long as necessary to make us Conventions because they are cheating. people have been because of a single safe. They deserve a certain amount of But they do, in my opinion, deserve statement made, while in the hands of process because whom we are as a peo- what the President said—not so much a foreign agency, a foreign country, ple and the process we are blessing because they deserve it but because it that was given under duress. The gives them very adequate due process is about who we are. amendment says that if a civilian is to rights. The President said even enemy com- determine enemy combatant status in This amendment strengthens those batants—members of al-Qaida—will be a statement from a foreign interroga- rights. They deserve to be taken off the treated humanely. When we capture tion, you have to prove that the state- battlefield, and people engaging in un- somebody on the battlefield—through- ment was not unnecessarily coerced. lawful enemy combatant activities out the world because the whole world Most Americans, I think, agree with should be taken off the battlefield as is the battlefield in the war on terror— that, and the people at Guantanamo long as necessary to protect our coun- most of the people we are dealing with Bay agree with that. try. are not part of the uniformed force, not Second, the civilian who will deter- Second, they deserve to be pros- like the Iraqi Army. mine from the appeal process whether ecuted in some instances. There are The President said early on these or not the enemy combatant status, three things we are trying to accom- people will be humanely treated but which is reviewed annually, should be plish. We are trying to standardize in- they will not be given Geneva Conven- held, would be appointed by the Senate terrogation techniques to protect our tion status. He is absolutely right. as a Presidential appointment. Gordon own troops and have a one-stop shop- When we catch someone, say, in Af- England is doing it now, and he is a ping for what the rules are. That is ghanistan, who is a member of al-Qaida Presidential appointee. That continues through Senator MCCAIN’s amendment. or some other terrorist network, cer- the trend. I think it would be good to We are trying to keep the moral high tain people, once screened, go to Guan- have the Senate involved. ground, as expressed by the President,

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The more standardization the bet- eign government’s hands, unless we can talking with now Chief Justice Rob- ter. show the statement was not a result of erts, this would be an area where the When it comes time to keep people torture. courts would welcome congressional off the battlefield, with this amend- We have learned from our experience involvement. He said to me in the hear- ment we are stronger as a nation beat Guantanamo Bay that would be a ings that the President or the execu- cause Congress will have blessed what good change. tive branch is at its strongest when the administration has done. Mr. MCCAIN. Will the Senator yield? they have the implied or express sup- In that regard, I offer this amend- Mr. GRAHAM. Yes. port of the Congress. ment as a way to bring clarity to a sit- Mr. MCCAIN. Does the Senator know So the purpose of this amendment, if uation that is very important in the how many detainees have been brought I may say very briefly, is for Congress war on terror. We need to keep enemy to trial in Guantanamo Bay? to legitimize what is going on at Guan- Mr. GRAHAM. Of all the people we combatants, once they have been law- tanamo Bay about determining enemy have detained—over 500—no one has fully determined to be an enemy com- combatant status, legitimizing that re- been brought to trial yet. Two will be batant, off the battlefield as long as it view process by making some changes. brought to trial in November. takes to secure this Nation. This If we would do that, I am convinced the One of the reasons that we cannot amendment helps to do that. courts would welcome that involve- bring people to trial is because the I ask for the yeas and nays. ment and a lot of this litigation would Federal courts have issued a stay on The PRESIDING OFFICER. Is there a end overnight. prosecutions that has now been lifted. sufficient second? Mr. STEVENS. If the Senator will There is a sufficient second. We are moving forward. The yeas and nays were ordered. There is another Supreme Court case yield, has this matter been discussed in Mr. STEVENS. Madam President, I dealing with the due process rights of the Committee on Armed Services? Mr. GRAHAM. I have discussed it am informed there are objections from determining whether a person is an with one of the cosponsors of the Members of the Committee on Armed enemy combatant. The procedure is in amendment, Senator WARNER, yes. I Services to this amendment. I urge place at Guantanamo Bay and has been have been to Guantanamo Bay with them to come over and defend their po- generally blessed by the Court because Senator WARNER and others, where we sition. they have been stayed on those pro- have talked about this. Yes, sir, I am This Senator was prepared to accept ceedings, too. very sure that the chairman knows the amendment. It may be subject to a Mr. MCCAIN. If the Senator will point of order. I am not sure. I do be- yield, aren’t there two different Court about this because he is a cosponsor of lieve there are detainee items in the decisions now that are in direct con- the amendment. House-passed bills that would be ger- travention of each other as to the dis- Mr. STEVENS. I say to the Senator, mane under the circumstances, but it position of these cases? that is another question. We were pre- is another example, I might say, of the Mr. GRAHAM. Yes there is. pared to accept the amendment be- problems we get into when items that Mr. MCCAIN. Could the Senator de- cause—I don’t claim expertise in this pertain to legislation end up on appro- scribe those. area; it is not within our jurisdiction. priations bills. Mr. GRAHAM. There was a stay by It is legislation on an appropriations We are not really prepared to debate Federal district judge, staying military bill, but I don’t intend to raise an ob- the amendment. I urge Members of the commission trials. The DC Circuit jection to it. Committee on Armed Services who Court of Appeals overrode the lower Has this been discussed, on a bipar- wish to do so to debate this amend- court. That has gone up to the Su- tisan basis, in the committee? ment. preme Court right now. I am confident Mr. GRAHAM. I was under the as- My only question is—I know the Sen- the Supreme Court will legitimize mili- sumption the amendment was going to ator is an extremely good attorney— tary commissions, maybe with some be accepted, as you were, and now I has the phrase ‘‘unlawful enemy com- changes. have been told there are some concerns batant’’ been used in any other portion This amendment deals with detaining from the minority on the committee. I of our laws of the Geneva Conventions? somebody who is not being prosecuted have talked extensively about these se- Mr. GRAHAM. Yes. It is in the Gene- yet, who may be prosecuted, but keep- ries of amendments. They all work in va Conventions. There is a section ing them off the battlefield because we conjunction with each other. Senator about unlawful enemy combatant, ille- have determined they are an unlawful MCCAIN’s amendment standardized in- gal enemy combatant. enemy combatant. The review process terrogation techniques and what we as The conventions are set up to confer to make that determination I feel very a people want to live by—we do not status on signatories and to make sure comfortable with. And there are some want to torture people. We are not that people who engage in unlawful ac- small changes in the amendment. The going to torture people. tivity are not covered. The people who courts have told us this is an area My amendment standardizes and wear civilian clothes that go in the where Congress needs to act. The makes small changes to the determina- population and engage in terrorist ac- courts have many cases, not just one, tion of who is an enemy combatant and tivity have never been covered under challenging the Guantanamo Bay pro- who is not, because you keep people at the convention. Under the convention, cedures and determining unlawful Guantanamo Bay indefinitely under that is the definition they are giving. enemy combatant. Justice Scalia said this procedure. It needs to be blessed The administration has used the in the dissenting opinion, if this were by Congress. The third thing we do, term that has been legitimized by the an area where Congress spoke, the later on, is deal with military commis- courts for quite a while now in inter- courts would welcome their involve- sions, actually how you try these peo- national law. In the review process at ment. ple. Guantanamo Bay, they will take the Mr. MCCAIN. If the Senator will So I was under the understanding, I person off the battlefield. They have to yield further for a question, I guess my say to the Senator, that not only was make a case whether they fit the defi- fundamental question is, aren’t things Senator WARNER a cosponsor of these nition of enemy combatant. Each year in one heck of a mess? two amendments, but that everybody they can challenge the designation. Mr. GRAHAM. The legal status of was on board. The point here is to give What we are doing in this amendment military commissions and the combat the courts some guidance to bring is basically blessing that procedure, re- status review process are in legal limbo about legal certainty where there is a quiring two more things. unnecessarily. legal mass, as Senator MCCAIN indi- One, the idea that the Senate will If you read these opinions, they are a cated. So I don’t know why anybody is confirm the person who will ultimately hodgepodge of different dissenting and objecting.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11075 The PRESIDING OFFICER. The Sen- badly wrong when we are in a war and horrified us and severely damaged our ator from Alaska. somehow we cannot find time in our reputation in the Middle East and Mr. STEVENS. Madam President, I agenda and ought to authorize the around the world. believe the Senator’s amendment has much-needed pay raises, equipment, Instead of taking responsibility for real merit. I find no objection to it. It training, and all of the other things what happened, the generals and senior has been conveyed to me by the admin- that go along with the authorization of administration officials tried to mini- istration. We still have a very small our Nation’s defenses. mize the abuse as the work of ‘‘a few difference—it sounds like a big dif- I yield the floor. bad apples’’—all conveniently lower ference—on the McCain amendment. The PRESIDING OFFICER. The Sen- rank soldiers—in a desperate effort to But we have no difference on this ator from Massachusetts. emphasize the role of senior military amendment. We are prepared to accept Mr. KENNEDY. Madam President, officials in exposing the scandal and in- it, unless someone comes over here and first, I thank the Senator from Arizona sulate the civilian leadership from re- finds a way to articulate an objection. and the Senator from South Carolina sponsibility for changing the rules. Mr. MCCAIN. Madam President, who for bringing focus to this issue. They It is clear what the results of those has the floor? are approaching this issue in different changes were. CPT Ian Fishback, a The PRESIDING OFFICER. The Sen- ways, but it is a matter of enormous West Point graduate and officer in the ator from Alaska has the floor. importance and consequence. Both 82nd Airborne, wrote: Despite my ef- Mr. STEVENS. Madam President, I Senators, as members of the Armed forts, I have been unable to get clear, yield the floor. Services Committee, remember the consistent answers from my leadership The PRESIDING OFFICER. The Sen- good deal of thought, work, and consid- about what constitutes lawful and hu- ator from Arizona. eration given this subject matter by mane treatment of detainees. I am cer- Mr. MCCAIN. Madam President, first, the Armed Services Committee under tain that this confusion contributed to I thank the Senator from Alaska for the guidance of Senator WARNER and a wide range of abuses including death his cooperation. I thank the Senator Senator LEVIN. threats, beatings, broken bones, mur- from South Carolina for his unique and AMENDMENT NO. 1977 der, exposure to elements, extreme very important perspective on this Madam President, now is time for ac- forced physical exertion, hostage tak- issue. But I also point out it is very un- tion. That is why I rise to speak in ing, stripping, sleep deprivation and de- fortunate—very unfortunate—the Sen- strong support of the McCain amend- grading treatment. ator from South Carolina has to put ment and urge our colleagues to under- For nearly 21⁄2 years—from August this on an appropriations bill. I do not stand it and to give it strong support 2002 until December 2004—the executive want to get off the subject too much, as well. branch of our Government operated but there is something wrong with our As we know, nearly 2 years ago, under the assumption that it was not process here that I have to, for my American soldiers at Abu Ghraib were bound by the law that prohibits tor- amendment, find some narrow ger- struggling to figure out how to handle ture. The Office of Legal Counsel pro- maneness in order to get around my the hundreds of detainees who were mulgated an official opinion stating commitment to not authorize on an ap- pouring into that facility. They had no that the President and everyone acting propriations bill. Technically, I am not guidance. They had no directions to under his Commander-in-Chief author- authorizing on an appropriations bill. regulate that treatment. In the ab- ity was free to ignore this law. It It is very unfortunate the Senator sence of that guidance, their treatment states: from South Carolina has to authorize of detainees deteriorated into cruel and Any effort to apply [the anti-torture stat- on an appropriations bill. There may be inhumane and degrading treatment. ute] in a manner that interferes with the . . . some objection from someone in the They documented their cruelty, and detention and interrogation of enemy com- minority. There may be some question. the images are still horrifying—an batants . . . would be unconstitutional. That is because we are not going Iraqi prisoner in a dark hood and cape, This opinion was adopted and imple- through an orderly process. This standing on a cardboard box with elec- mented by the CIA and the Department should have been as an amendment on trodes attached to his body; naked men of Defense. Effectively, what it was the authorization bill, and that should forced to simulate sex acts on each saying was that for anybody who was have been taken up. If someone did not other; the corpse of a man who had operating under the DOD, if the pur- like it, they could have voted to take it been beaten to death, lying in ice, next pose of their torture was to get infor- out. Now we are in a process where the to soldiers smiling and giving a mation, then it was basically all right. Senator from South Carolina has to ‘‘thumbs up’’ sign; a pool of blood from If the purpose of the torture was to put it in. the wounds of a naked, defenseless pris- bring harm, then it would be illegal. Our system here is broken, and we oner attacked by a military dog. But that decision by the Office of Legal need to properly authorize. I certainly The reports of widespread abuse by Counsel in the Department of Justice am not blaming the Senator from Alas- U.S. personnel was initially met with effectively said: The school is out. Peo- ka. He has his responsibility to get the disbelief and then incomprehension. ple can do anything they want to with appropriations bill done. But there is But the reports are too numerous to ig- any detainee. And that was the rule for something wrong when we are in a nore. We had reports of detainees in Af- 21⁄2 years. It is called the Bybee memo- war—in a war; Americans’ lives are on ghanistan shackled to the floor, left randum. We have had extensive hear- the line as we speak—and somehow we out in the elements to freeze to death. ings on that in both the Armed Serv- do not have room in our agenda to au- We have had reports of detainees in ices Committee and the Judiciary thorize the training, the equipping, the Guantanamo who were subjected to Committee. benefits, the pay, all of the things that sexual humiliation. This opinion was adopted and imple- go with an authorization bill, including Human Rights Watch recently re- mented by the CIA and the Department the amendment of the Senator from leased a report based on the statements of Defense. Harold Koh, a leading Carolina. of three soldiers, one officer and two scholar of international law and dean A lot of us have repeatedly decried noncommissioned officers, in the 82nd of Yale Law School, who served in both that this process of legislating is so Airborne who described how their bat- the Reagan and Clinton administra- badly broken today that we cannot talions routinely used physical and tions, called it ‘‘the most clearly le- even take care of the men and women mental torture as means of intel- gally erroneous opinion’’ he has ever in the military in an orderly fashion. It ligence gathering and stress relief—tor- read. That is in reference to the Bybee cries out for fixing. I would hope at ture as a sport. memorandum that was requested by some point we, as a body, would fix They stand in sharp contrast to the the CIA and the Department of De- this system so we authorize before we values America has always stood for: fense, through the Attorney General, appropriate funds. Again, this is meant our belief in the dignity and worth of from the Office of Legal Counsel, to as no criticism of the Senator from all people, our unequivocal stance give them a memorandum to effec- Alaska. He is playing the hand he is against torture and abuse, our commit- tively permit wholesale torture. They dealt. But there is something very ment to the rule of law. The images received that memo, and they used it

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11076 CONGRESSIONAL RECORD — SENATE October 5, 2005 to gut our long-standing laws. That Senator GRAHAM himself accurately wide range of abuses including death threats, Bybee memo was the law of the land, assessed the impact of the civilian au- beatings, broken bones, murder, exposure to effectively, in the CIA and the Depart- thorities when he told the JAG officers elements, extreme forced physical exertion, hostage-taking, stripping, sleep deprivation ment of Defense for 21⁄2 years. We saw at the hearing: I think it is fair to say and degrading treatment. I and troops under what the results were. The McCain that the Department of Defense was my command witnessed some of these abuses amendment would make sure that will secondary to the Department of Jus- in both Afghanistan and Iraq. not happen again. tice in a political sense, and that was This is a tragedy. I can remember, as a Our political leaders made deliberate our problem. If they had listened from cadet at West Point, resolving to ensure that decisions to throw out the well-estab- the outset, we wouldn’t have had a lot my men would never commit a dishonorable lished legal framework that has long of the problems that we have had to act; that I would protect them from that made America the gold standard for type of burden. It absolutely breaks my deal with in the past. heart that I have failed some of them in this human rights throughout the world. The President is not an emperor or a regard. The administration left our soldiers, king. His administration is not above That is in the past and there is nothing we case officers, and intelligence agents in the law or accountability, and he is can do about it now. But, we can learn from a fog of ambiguity. They were told to certainly not infallible. our mistakes and ensure that this does not ‘‘take the gloves off’’ without knowing The single greatest criticism of this happen again. Take a major step in that di- what the limits were, and the con- administration’s detention and interro- rection; eliminate the confusion. My approach for clarification provides clear evi- sequences were foreseeable. gation policies is that it failed to re- In rewriting our human rights laws, dence that confusion over standards was a spect history, the collective wisdom of major contributor to the prisoner abuse. We the administration consistently over- our career military and State Depart- owe our soldiers better than this. Give them ruled the objections of experienced ment officials, and that it holds far too a clear standard that is in accordance with military personnel and diplomats. The expansive a view of executive author- the bedrock principles of our nation. Secretary of State, Colin Powell, ity. In short, the White House suffers Some do not see the need for this work. warned the White House: Some argue that since our actions are not as from the arrogance of thinking they horrifying as Al Qaeda’s, we should not be It will reverse over a century of U.S. policy knew best and abandoning the long- concerned. When did Al Qaeda become any and practice in supporting the Geneva Con- standing rules. type of standard by which we measure the ventions and undermine the protections of As Captain Fishback wrote: morality of the United States? We are Amer- the law of war for our [own] troops. We owe our soldiers better than this. Give ica, and our actions should be held to a high- Senior Defense officials were warned them a clear standard that is in accordance er standard, the ideals expressed in docu- that changing the rules could lead to with the bedrock principles of our nation. ments such as the Declaration of Independ- so-called ‘‘force drift’’, in which, with- We are America, and our actions should be ence and the Constitution. out clearer guidance, the level of force held to a higher standard, the ideals ex- Others argue that clear standards will applied to an uncooperative detainee pressed in documents such as the Declara- limit the President’s ability to wage the War tion of Independence and the Constitution. on Terror. Since clear standards only limit might well result in torture. interrogation techniques, it is reasonable for William Taft, the State Department The McCain amendment takes a me to assume that supporters of this argu- Legal Advisor in President Bush’s first strong step forward to giving our ment desire to use coercion to acquire infor- term, recently called it a source of troops that standard. I hope it is sup- mation from detainees. This is morally in- amazement and disappointment that ported. Madam President, I ask unani- consistent with the Constitution and justice the Justice Department severely lim- mous consent that Captain Fishback’s in war. It is unacceptable. ited the applicability of the Geneva letter, which was published in the Both of these arguments stem from the larger question, the most important question Conventions to the detainees. In an ad- Washington Post, be printed in the that this generation will answer. Do we sac- dress at American University, he said RECORD. rifice our ideals in order to preserve secu- the decision to do so: There being no objection, the mate- rity? Terrorism inspires fear and suppresses unhinged those responsible for the treatment rial was ordered to be printed in the ideals like freedom and individual rights. of the detainees . . . from the legal guide- RECORD, as follows: Overcoming the fear posed by terrorist threats is a tremendous test of our courage. lines for interrogation . . . embodied in the DEAR SENATOR MCCAIN: I am a graduate of Army Field Manual for decades. Set adrift in West Point currently serving as a Captain in Will we confront danger and adversity in uncharted waters and under pressure from the U.S. Army Infantry. I have served two order to preserve our ideals, or will our cour- their leaders to develop information on the combat tours with the 82nd Airborne Divi- age and commitment to individual rights plans and practices of al Qaeda, it was pre- sion, one each in Afghanistan and Iraq. wither at the prospect of sacrifice? My re- dictable that those managing the interroga- While I served in the Global War on Terror, sponse is simple. If we abandon our ideals in the face of adversity and aggression, then tion would eventually go too far. the actions and statements of my leadership those ideals were never really in our posses- And they did. led me to believe that United States policy sion. I would rather die fighting than give up The Judge Advocates General echoed did not require application of the Geneva even the smallest part of the idea that is Conventions in Afghanistan or Iraq. On 7 Mr. Taft’s concerns. On July 14, 2005, ‘‘America.’’ the JAGs appeared before the Senate May 2004, Secretary of Defense Rumsfeld’s Once again, I strongly urge you to do jus- Armed Services Committee’s Sub- testimony that the United States followed tice to your men and women in uniform. committee on Personnel. In response to the Geneva Conventions in Iraq and the Give them clear standards of conduct that ‘‘spirit’’ of the Geneva Conventions in Af- questioning by my friend Senator reflect the ideals they risk their lives for. ghanistan prompted me to begin an approach With the Utmost Respect, GRAHAM, the witnesses acknowledged for clarification. For 17 months, I tried to de- that the Justice Department’s policy CAPT. IAN FISHBACK, termine what specific standards governed 82nd Airborne Division, embodied in the Bybee torture memo- the treatment of detainees by consulting my Fort Bragg, North Carolina. randum’s definition of torture was a chain of command through battalion com- Mr. KENNEDY. I suggest the absence violation of international and domestic mander, multiple JAG lawyers, multiple of a quorum. law and alarmed the Judge Advocates Democrat and Republican Congressmen and their aides, the Ft. Bragg Inspector Gen- The PRESIDING OFFICER. Will the General who reviewed it. Senator withhold? Their alarm was well founded be- eral’s office, multiple government reports, the Secretary of the Army and multiple gen- Mr. KENNEDY. I withhold my sug- cause their concerns were overruled by eral officers, a professional interrogator at gestion. General Counsel William Haynes, who Guantanamo Bay, the deputy head of the de- f issued the Defense Department’s April partment at West Point responsible for 2003 Working Group Report. The report teaching Just War Theory and Law of Land RECESS twisted and diluted the definition of Warfare, and numerous peers who I regard as The PRESIDING OFFICER. Under ‘‘torture,’’ claimed that military per- honorable and intelligent men. the previous order, the hour of 12:30 sonnel who commit torture may invoke Instead of resolving my concerns, the ap- p.m. having arrived, the Senate will the defenses of ‘‘necessity’’ and ‘‘supe- proach for clarification process leaves me deeply troubled. Despite my efforts, I have now stand in recess until 2:15 p.m. rior orders,’’ and advised military per- been unable to get clear, consistent answers Thereupon, the Senate, at 12:29 p.m., sonnel that they are not obligated to from my leadership about what constitutes recessed until 2:15 p.m. and reassem- comply with the Federal prohibition on lawful and humane treatment of detainees. I bled when called to order by the Pre- torture. certain that this confusion contributed to a siding Officer (Mr. SUNUNU).

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11077 Mr. SMITH. Mr. President, I suggest question is on agreeing to amendment not, the question is on agreeing to the absence of a quorum. No. 1996, as modified. amendment No. 1887. The PRESIDING OFFICER. The The amendment (No. 1996), as modi- The amendment (No. 1887) was agreed clerk will call the roll. fied, was agreed to. to. The assistant legislative clerk pro- Mr. STEVENS. Mr. President, I move Mr. STEVENS. Mr. President, I move ceeded to call the roll. to reconsider the vote. to reconsider the vote. Mr. STEVENS. Mr. President, I ask Mr. INOUYE. I move to lay that mo- Mr. INOUYE. I move to lay that mo- unanimous consent that the order for tion on the table. tion on the table. the quorum call be rescinded. The motion to lay on the table was The motion to lay on the table was The PRESIDING OFFICER. Without agreed to. agreed to. objection, it is so ordered. AMENDMENT NO. 1887 AMENDMENT NO. 1895 f Mr. STEVENS. I call up amendment Mr. STEVENS. I call up amendment No. 1887. No. 1895. DEPARTMENT OF DEFENSE AP- The PRESIDING OFFICER. The The PRESIDING OFFICER. The PROPRIATIONS ACT, 2006—Contin- clerk will report. clerk will report. ued The assistant legislative clerk read The assistant legislative clerk read Mr. STEVENS. Mr. President, I have as follows: as follows: a package we have approved as man- The Senator from Alaska [Mr. STEVENS], The Senator from Alaska [Mr. STEVENS], agers of the bill. I ask unanimous con- for Mr. SALAZAR, proposes an amendment for Mr. BINGAMAN, for himself and Mr. sent that the Chair lay before the Sen- numbered 1887. DOMENICI, proposes an amendment numbered ate amendments 1996, 1887, 1895, 2017, The amendment is as follows: 1895. 1925, and 1889. It sounds as though I am (Purpose: To rename the death gratuity pay- The amendment is as follows: reading birthdays. able for deaths of members of the Armed (Purpose: To make available $3,000,000 from When the Chair is ready, I will pro- Forces as fallen hero compensation) Research, Development, Test, and Evalua- pound a unanimous consent request At the appropriate place, insert the fol- tion, Air Force, for assurance for the Field when those amendments are before us. lowing: Programmable Gate Array) The PRESIDING OFFICER. Is there SEC. ll. (a) RENAMING OF DEATH GRA- At the appropriate place, insert the fol- objection to considering the amend- TUITY PAYABLE FOR DEATHS OF MEMBERS OF lowing: THE ARMED FORCES.—Subchapter II of chap- SEC. ll. Of the amount appropriated by ments en bloc? ter 75 of title 10, United States Code, is title IV under the heading ‘‘RESEARCH, DE- Mr. STEVENS. We do not want to amended as follows: VELOPMENT, TEST, AND EVALUATION, AIR offer them en bloc. We want to offer (1) In section 1475(a), by striking ‘‘have a FORCE’’, up to $3,000,000 may be used for re- them one by one. death gratuity paid’’ and inserting ‘‘have search and development on the reliability of The PRESIDING OFFICER. The fallen hero compensation paid’’. field programmable gate arrays for space ap- clerk will report. (2) In section 1476(a)— plications. (A) in paragraph (1), by striking ‘‘a death AMENDMENT NO. 1996 Mr. STEVENS. This is Senator gratuity’’ and inserting ‘‘fallen hero com- The PRESIDING OFFICER. The BINGAMAN’s amendment for field pro- pensation’’; and grammable gate array. I have a modi- clerk will report. (B) in paragraph (2), by striking ‘‘A death The assistant legislative clerk read gratuity’’ and inserting ‘‘Fallen hero com- fication which I send to the desk. as follows: pensation’’. The PRESIDING OFFICER. Is there objection to the modification? If not, The Senator from Alaska [Mr. STEVENS], (3) In section 1477(a), by striking ‘‘A death for Ms. MIKULSKI, proposes an amendment gratuity’’ and inserting ‘‘Fallen hero com- the amendment is so modified. numbered 1996. pensation’’. The amendment (No. 1895), as modi- (4) In section 1478(a), by striking ‘‘The fied, is as follows: The amendment is as follows: death gratuity’’ and inserting ‘‘The amount At the appropriate place, insert the fol- (Purpose: To provide that, of the amount of fallen hero compensation’’. lowing: made available under title III for the Navy (5) In section 1479(1), by striking ‘‘the SEC. ll. Of the amount appropriated by for other procurement, up to $3,000,000 may death gratuity’’ and inserting ‘‘fallen hero title IV under the heading ‘‘RESEARCH, DE- be made available for the Joint Aviation compensation’’. VELOPMENT, TEST, AND EVALUATION, AIR Technical Data Integration Program) (6) In section 1489— FORCE’’, up to $3,000,000 may be used for re- (A) in subsection (a), by striking ‘‘a gra- On page 220, after line 25, add the fol- search and development on the reliability of tuity’’ in the matter preceding paragraph (1) lowing: field programmable gate arrays for space ap- and inserting ‘‘fallen hero compensation’’; SEC. 8116. Of the amount appropriated by plications. title III under the heading ‘‘OTHER PROCURE- and MENT, NAVY’’, up to $3,000,000 may be made (B) in subsection (b)(2), by inserting ‘‘or Mr. STEVENS. I ask for approval of available for the Joint Aviation Technical other assistance’’ after ‘‘lesser death gra- the amendment. Data Integration Program. tuity’’. Mr. INOUYE. No objection. (b) CLERICAL AMENDMENTS.— The PRESIDING OFFICER. Is there Mr. STEVENS. I send a modification (1) Such subchapter is further amended by to the desk. further debate on the amendment? If striking ‘‘Death Gratuity:’’ each place it ap- not, the question is on agreeing to The PRESIDING OFFICER. Is there pears in the heading of sections 1475 through amendment No. 1895, as modified. objection to the modification? 1480 and 1489 and inserting ‘‘Fallen Hero Without objection, the amendment is Compensation:’’. The amendment (No. 1895), as modi- so modified. (2) The table of sections at the beginning of fied, was agreed to. The amendment (No. 1996), as modi- such subchapter is amended by striking Mr. STEVENS. Mr. President, I move fied, is as follows: ‘‘Death gratuity:’’ in the items relating to to reconsider the vote. sections 1474 through 1480 and 1489 and in- Mr. INOUYE. I move to lay that mo- On page 220, after line 25, add the fol- serting ‘‘Fallen hero compensation:’’. tion on the table. lowing: (c) GENERAL REFERENCES.—Any reference SEC. 8116. Of the amount appropriated by The motion to lay on the table was to a death gratuity payable under sub- agreed to. title III under the heading ‘‘OTHER PROCURE- chapter II of chapter 75 of title 10, United MENT, NAVY’’, up to $3,000,000 may be made States Code, in any law, regulation, docu- AMENDMENT NO. 2017 available for the Joint Aviation Technical ment, paper, or other record of the United Mr. STEVENS. I call up amendment Data Integration Program. States shall be deemed to be a reference to No. 2017 and send a modification to the Mr. STEVENS. Mr. President, this is fallen hero compensation payable under such desk. an amendment offered by Senator MI- subchapter, as amended by this section. The PRESIDING OFFICER. The KULSKI for the Joint Aviation Tech- Mr. STEVENS. This is Senator clerk will report the amendment. nical Data Integration Program. SALAZAR’s fallen hero compensation The assistant legislative clerk read Mr. INOUYE. No objections. amendment, which we have agreed to. as follows: Mr. STEVENS. There is no objection. Mr. INOUYE. We support it. The Senator from Alaska [Mr. STEVENS], The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there for Mr. BENNETT, proposes an amendment further debate on the amendment? The further debate on the amendment? If numbered 2017.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11078 CONGRESSIONAL RECORD — SENATE October 5, 2005 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The said, ‘‘Endless money forms the sinews objection to the modification? If not, clerk will report. of war.’’ the amendment is so modified. The assistant legislative clerk read Let me repeat what I have said. More The amendment (No. 2017), as modi- as follows: than 2,000 years have passed since Cic- fied, is as follows: The Senator from Alaska [Mr. STEVENS], ero, a great Roman senator, said, (Purpose: To make available, from amounts for Mr. SANTORUM, proposes an amendment ‘‘Endless money forms the sinews of appropriated for the Research, Develop- numbered 1889. war.’’ ment, Test, and Evaluation, Army account The amendment is as follows: How astute he was to point that out up to $1,000,000 for the Chemical Biological (Purpose: To provide that, of the amount and how little the times have changed. Defense Material Test and Evaluation Ini- made available for research, development, Today, the United States is engaged tiative (PE 0605602A) test and evaluation for the Army, $2,000,000 not just in one war but two wars. The In the appropriate place, insert the fol- may be made available for medical ad- first of the two wars began 4 years ago lowing: vanced technology for applied emergency SEC. . Of the amount appropriated by title when our country was invaded. Our hypothermia for advanced combat casualty country was attacked by 19 hijackers IV under the heading ‘‘Research, Develop- life support) ment, Test, And Evaluation, Army’’, up to sent on their deadly mission by Osama On page 220, after line 25, insert the fol- $1,000,000 may be used for Chemical Biologi- lowing: bin Laden. That war continues today in cal Defense Material Test and Evaluation SEC. 8116. Of the amount appropriated by Afghanistan. That is a war that was Initiative. title IV under the heading ‘‘RESEARCH, DE- thrust upon us. That was a war in Mr. STEVENS. This is Senator BEN- VELOPMENT, TEST AND EVALUATION, ARMY’’, which the United States was invaded NETT’s amendment for chemical bio- $2,000,000 may be made available for medical by 19 hijackers, not one of whom was logical defense. We have accepted it as advanced technology for applied emergency from Iraq—not one. That war, as I say, modified. hypothermia for advanced combat casualty was thrust upon us. The United States Mr. INOUYE. No objection. life support. was invaded. The United States was at- The PRESIDING OFFICER. Is there Mr. STEVENS. This is Senator tacked and thousands of Americans further debate on the amendment? If SANTORUM’s amendment for hypo- lost their lives. That is the war that I not, the question is on agreeing to thermia life support. I send a modifica- support. That is the war that I sup- amendment No. 2017, as modified. tion to the desk. ported from the beginning. The amendment (No. 2017), as modi- The PRESIDING OFFICER. Is there But there is also another war, a war fied, was agreed to. objection to the modification? which the United States started, a war Mr. STEVENS. Mr. President, I move Mr. INOUYE. No objection. in which the United States was the to reconsider the vote. The PRESIDING OFFICER. Without attacker. We didn’t wait to be at- Mr. INOUYE. I move to lay that mo- objection, the amendment is so modi- tacked; we attacked another nation. tion on the table. fied. We invaded, the United States invaded The motion to lay on the table was The amendment (No. 1889), as modi- agreed to. another nation that did not pose a fied, is as follows: threat, a direct and immediate threat AMENDMENT NO. 1925 (Purpose: To provide that, of the amount to our national security. We, the Mr. STEVENS. Mr. President, I call made available for research, development, United States, invaded another coun- up amendment No. 1925. test and evaluation for the Army, up to The PRESIDING OFFICER. The $2,000,000 may be made available for med- try that did not act to provoke our in- clerk will report. ical advanced technology for applied emer- vasion. The assistant legislative clerk read gency hypothermia for advanced combat Since March 19, 2003, our troops, as follows: casualty life support) Americans troops, have been sent into On page 220, after line 25, insert the fol- the breach in Iraq, a country which had The Senator from Alaska [Mr. STEVENS], lowing: for Mr. ISAKSON, proposes an amendment no connection—none—no connection to SEC. 8116. Of the amount appropriated by numbered 1925. the September 11 attacks on our coun- title IV under the heading ‘‘RESEARCH, DE- The amendment is as follows: try. I was against our policy with ref- VELOPMENT, TEST AND EVALUATION, ARMY’’, erence to the invasion of that country, (Purpose: To provide that, of the amount up to $2,000,000 may be made available for made available under title IV for the Army medical advanced technology for applied Iraq. I was against that. That country for research, development, test, and eval- emergency hypothermia for advanced com- did not pose an immediate threat to uation, up to $1,000,000 may be made avail- bat casualty life support. our national security, no. I said so then able for an environmental management Mr. STEVENS. I ask for consider- and I was right. No weapons of mass and compliance information system) ation of the amendment. destruction were found. No weapons of On page 220, after line 25, add the fol- The PRESIDING OFFICER. Is there mass destruction have been found to lowing: further debate on the amendment? this day there in Iraq. SEC. 8116. Of the amount appropriated by I hold no brief for Saddam Hussein, title IV under the heading ‘‘RESEARCH, DE- Mr. INOUYE. No objection. but we acted under the unconstitu- VELOPMENT, TEST AND EVALUATION, ARMY’’, The PRESIDING OFFICER. If not, up to $1,000,000 may be made available for an the question is on agreeing to amend- tional doctrine of first strike. The first environmental management and compliance ment No. 1889, as modified. strike doctrine, that is the doctrine information system. The amendment (No. 1889), as modi- that we followed. That is the doctrine Mr. STEVENS. Mr. President, this is fied, was agreed to. that got us into Iraq. It is unconstitu- Senator ISAKSON’s amendment for Mr. STEVENS. Mr. President, I move tional on its face. Why? Because the funds for environmental management. to reconsider the vote. Constitution says Congress shall have I ask for its consideration. Mr. INOUYE. I move to lay that mo- power to declare war. Mr. INOUYE. No objection. tion on the table. How can it be constitutional if a The PRESIDING OFFICER. Is there The motion to lay on the table was President, one man, Republican or further debate on the amendment? If agreed to. Democrat or independent or whatever, not, the question is on agreeing to Mr. STEVENS. I thank the Chair. I can declare war if Congress has nothing amendment No. 1925. yield the floor. to say about it, if Congress has no op- The amendment (No. 1925) was agreed The PRESIDING OFFICER. The Sen- portunity to debate it? to. ator from West Virginia. I do not question the inherent power Mr. STEVENS. Mr. President, I move Mr. BYRD. Mr. President, I ask unan- of any President to defend our country. to reconsider the vote. imous consent that the pending amend- Congress may be out of town. Congress Mr. INOUYE. I move to lay that moment be set aside temporarily so that I may be in recess. If we are invaded, of tion on the table. may offer an amendment. course, he has the power to act. But The motion to lay on the table was The PRESIDING OFFICER. Without that was not the case here. agreed to. objection, it is so ordered. I and 22 other Senators voted against AMENDMENT NO. 1889 AMENDMENT NO. 1992 shifting that power to declare war, Mr. STEVENS. Mr. President, I call Mr. BYRD. Mr. President, more than that constitutional power to declare up amendment No. 1889. 2,000 years have passed since Cicero war from the Congress to a President,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11079 and that law is still on the books. It Why? Why? Why is the VA running said than done, but we ought to do our has not been repealed. short of funds? best. We can talk about that at another Part of the reason lies in the fact To some observers, the importance of time, but let me say today, these two that the administration did not budget budgeting for the war may seem like a wars have cost the lives of many Amer- enough funds to take care of troops furor over how much paper should be icans. In the first war, the one being coming home from these wars with se- pushed around in Washington, DC. Al- fought in Afghanistan and elsewhere rious injuries. But there is more. These though the terms used in this debate against Osama bin Laden, 243 American injured veterans have earned com- are arcane—how many people outside troops have given their lives in the line pensation from the VA for their the beltway know anything, or much at of duty. I support our efforts in that wounds. least, about emergency supplementals, war. I have done so from the beginning. According to the Defense Depart- the budget process, or outlays and In the second war, the war in Iraq, ment, more than 15,000 troops have budget authority—the principles are 1,934 young men and women have per- been wounded in Iraq and Afghanistan. vitally important to our country. ished. I disagree with the policy that Congress is yet to see a full estimate of There is an important principle that sent our troops to Iraq, but I join with the costs of these veterans’ benefits. a country must share the burdens of all other patriotic Americans in sup- There is also the matter of revenue war among its citizens. Think back to porting the men and the women who that the Government coffers will never World War II and what was asked of have been sent to Iraq. I don’t support see because of the deployment of our the American people in that conflict: the policy that sent them there, but I troops to these wars. Troops serving in victory gardens, daylight savings, gas- support those men and women. They combat zones are exempt from income oline rationing, and on and on. We do went, they heeded the call, they did taxes. National Guardsmen and reserv- not see anything like that today. Quite their duty, and they are still doing ists often must do without their higher the opposite. For the first time in their duty. Of course I support them. I civilian pay during their deployment. American history, our Nation has cut join with all other Americans in sup- No one would argue that wounded vet- taxes during a time of war. porting them and honoring those men erans should not receive compensation The wars in Iraq and Afghanistan and women who have paid the ultimate from the VA or the troops in war zones have forced great sacrifice. price in service to the United States. ought to pay taxes while they are risk- Let me say that again. In addition to lives lost, these wars ing their lives for our country. But the These wars—the war in Afghanistan, have also cost our country a fortune, a American people are not being told which I support, the war in Iraq, which colossal fortune in our national wealth. about these hidden costs of these wars. I have never thought we should engage According to the Congressional Re- Why? Why is that? in—have forced great sacrifice among search Service, the Congress has al- The fact is, the administration has those who serve our country, and their ready appropriated $310 billion to pay never provided the Congress with a families as well. Our troops risk life for these two wars. The Defense Appro- budget estimate of what the war is and limb while their spouses, their par- priations Committee bill being debated costing the American taxpayers. Some ents, and their children pray for their now in the Senate adds another $50 bil- may argue that the budget resolution safety and for their return home. It is lion to that figure. Most observers be- passed in Congress by the thinnest of these troops and their families who lieve that tens of billions more dollars margins included $50 billion for the have had so little relief from the bur- will be required in a matter of months. cost of the wars in Iraq and Afghani- dens of these wars. Who knows, before it is all over, we stan. That is true. That money is in Last year, Congress passed a law to may find that the ultimate cost in there. The $50 billion also appears in compensate Americans for spending up Treasury may amount to $1 trillion. this appropriations bill. But that esti- to $1,000 out of their own pockets to Who knows, when we think of all the mate is just a number made out of send body armor, boots, gloves, and things that must be done. We have to whole cloth. The President did not re- other equipment to troops serving replenish the equipment that has worn quest a single dime for the wars in his overseas. But the Pentagon still has out, that has rusted, that has been de- budget estimate submitted to Congress not implemented this law, giving short stroyed—the military equipment. Our in February—not one thin dime, not shrift to those who have done the most own military people will have their re- even one copper penny. Instead, Con- to support our troops. These families quests in this year, next year and the gress picked a number out of thin air— have not been recompensed for their next year and the next year, for money support of the troops. Why is the De- to replace that equipment. $50 billion—and stuck it in the budget Could we fight another war if we resolution. fense Department bureaucracy so slow should be invaded today? Would we be That number is not backed up by any to implement this law? Why? Why is prepared to fight another war? Could number crunching, any careful anal- the Defense Department bureaucracy we? ysis, or any budgetary data. It doesn’t so slow to implement this law? It If these estimates are accurate, the even match up with the numbers pre- ought to be a priority to help these cost of the wars in Iraq and Afghani- pared by the Congressional Budget Of- Americans who have done so much to stan could easily exceed $400 billion by fice, which estimates that $85 billion help our troops. early next year—$400 billion. That is will be required to fight these wars The sacrifices demanded by the two $400 for every minute since Jesus next year, nor is that $50 billion paid wars in Iraq and Afghanistan are fall- Christ was born. That is a lot of for. This $50 billion is simply added to ing disproportionately on the few. The money, isn’t it? our national debt, a debt that will have President has said our Nation is at war. Once again, ‘‘Endless money forms to be paid by our children and our chil- No. Our Nation is not at war. Our mili- the sinews of war.’’ dren’s children. tary is at war. Yes. The National That is simply the visible part of the I say one more time, ‘‘Endless money Guard, the men and women in the mili- cost of the war. We are slowly, slowly forms the sinews of war.’’ I am quoting tary, they are at war but not the Na- but surely, coming to realize that there Cicero, of course. tion. We scarcely hear much about it. are financial costs to the war that are The administration needs to budget Our troops are shedding their blood, buried deep within the Government’s for the wars in Iraq and Afghanistan. It and their families are doing so much to ledgers. In June, the Department of should not be sufficient for Congress to support them. Meanwhile, the average Veterans Affairs admitted to a major pick a number out of a hat, appropriate American goes about his day-to-day shortfall in its budget. Working to- funds to match that number, and hope business with little interruption, only gether with Senator CRAIG and Senator that our troops will be taken care of. to pause in solemn reflection upon the MURRAY, I supported an amendment to The administration needs to step up to occasional news report about the tragic add $1.5 billion in emergency funds to the plate and tell Congress and the death of another soldier from his com- the veterans health care budget. My American people how much it expects munity. colleagues and I then worked to add to spend on the war, what the money When Winston Churchill rallied his $1,977,000,000 to the VA budget for the will be used for, and how our Nation is country in World War II, he urged the fiscal year 2006. going to foot the bill. It may be easier British to ‘‘defend our Island, whatever

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11080 CONGRESSIONAL RECORD — SENATE October 5, 2005 the cost may be, we shall fight on the We spent this much and we have to ap- (A) funds for Operation Noble Eagle, begin- beaches, we shall fight on the landing propriate. ning in the budget request of President grounds, we shall fight in the fields and The American people do not realize George W. Bush for fiscal year 2005; in the streets.’’ the cost of these wars. So let me say (B) funds for operations in Kosovo, begin- It was a call not just to English sol- again, the amendment I offer to the ning in the budget request of President George W. Bush for fiscal year 2001; diers to fight but for the country to Defense appropriations bill states it is (C) funds for operations in Bosnia, begin- share the burden of the struggle. the sense of the Senate that the Presi- ning in budget request of President Clinton What a stark contrast to the wars we dent should budget for these wars. for fiscal year 1997; are in today in which so little is asked President Roosevelt did it for World (D) funds for operations in Southwest Asia, of the American people compared to War II, President Johnson did it for beginning in the budget request of President what is demanded of our military per- Vietnam, President Clinton did it for Clinton for fiscal year 1997; sonnel. In light of the incredible toll of Bosnia, President Bush did it for (E) funds for operations in Vietnam, begin- these wars on our country, it is time to Kosovo, and it is time to do it for Iraq ning in the budget request of President Johnson for fiscal year 1966; and rethink that unfair balance of sac- and Afghanistan. (F) funds for World War II, beginning in rifice. Let the American people know how the budget request of President Roosevelt for Three times before, the Senate has much of their hard-earned tax dollars fiscal year 1943. voted to urge the administration to will be needed for these wars. Let Con- (4) In section 1024(b) of Emergency Supple- budget for the cost of the wars in Iraq gress debate how these costs must be mental Appropriations Act for Defense, the and Afghanistan so that there may be a borne. Let our Government take a re- Global War on Terror, and Tsunami Relief, debate about how the President intends sponsible approach on how we pay for 2005 (119 Stat. 252), the Senate requested that to spread the sacrifice fairly among all our troops in the field. the President submit to Congress, not later Americans. Three times, the Senate I urge my colleagues to once again than September 1, 2005, an amendment to the budget of the President for fiscal year 2006 has voted to urge the administration to support the President, support my setting forth detailed cost estimates for on- budget for the cost of the wars in Iraq amendment, and urge the President to going military operations overseas during and Afghanistan, and three times that budget for the war. such fiscal year. call has not been honored, it has been Mr. President, I ask unanimous con- (5) The President has yet to submit such an dismissed. The enormous cost of keep- sent that Senator FEINGOLD may have amendment. ing hundreds of thousands of troops his name added as a cosponsor of the (6) The Department of Defense Appropria- fighting in two wars, each of them half amendment. tions Act, 2006, as reported to the Senate by a world away, continues to be a black The PRESIDING OFFICER (Mr. MAR- the Committion on Appropriations of the Senate on September 28, 2005, contains a hole in the President’s budget. TINEZ). Without objection, it is so ordered. bridge fund of $50,000,000,000 for overseas con- Congress and the American people tingency operations, but the determination keep hearing the same old line: The ad- AMENDMENT NO. 1992 of that amount could not take into account ministration cannot budget for the Mr. BYRD. Mr. President, I call up any Administration estimate on the pro- cost of the war because the true cost is amendment No. 1992. jected cost of such operations in fiscal year unknowable. The Secretary of Defense, The PRESIDING OFFICER. The 2006. Mr. Rumsfeld, when he was asked clerk will report. (7) In February 2005, the Congressional about the cost, said the cost is un- The bill clerk read as follows: Budget Office estimated that fiscal year 2006 knowable. Of course, he is right. It is The Senator from West Virginia [Mr. cost of ongoing military operations in Iraq and Afghanistan could total $85,000,000,000. unknowable, but surely the adminis- BYRD] proposes an amendment numbered 1992. (b) SENSE OF SENATE.—It is the sense of the tration has some estimate somewhere. Senate that— Surely the Defense Department has Mr. BYRD. Mr. President, I ask unan- (1) any request for funds for a fiscal year some estimate, and it has had some es- imous consent that the reading of the after fiscal year 2006 for an ongoing military timate—some estimate of what the war amendment be dispensed with. operation overseas, including operations in was going to cost. The PRESIDING OFFICER. Without Afghanistan and Iraq, should be included in We have heard that the cost is un- objection, it is so ordered. the annual budget of the President for such fiscal year as submitted to Congress under knowable. We have heard that many The amendment is as follows: (Purpose: To express the sense of the Senate section 1105(a) of title 31, United States times before. But it strains one’s belief Code; to argue that the Secretary of Defense, on budgeting for ongoing military operations in Iraq, Afghanistan, and elsewhere (2) the amendment to the budget of the with legions of bureaucrats and ac- overseas) President for fiscal year 2006, requested by the Senate to be submitted to Congress not countants at his disposal, cannot make At the appropriate place, insert the fol- later than September 1, 2005, by section an estimate of how much it will take lowing: 1024(b) of Emergency Supplemental Appro- to support our troops for the fiscal SEC. ll. (a) FINDINGS.—The Senate makes year that began last week. With 18,000 the following findings: priations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, is nec- American troops in Afghanistan and (1) The Department of Defense Appropria- tions Act, 2004 (Public Law 108–87), the De- essary to describe the anticipated use of the 149,000 troops in Iraq who are risking $50,000,000,000 bridge fund appropriated in their lives each and every day, one partment of Defense Appropriations Act, 2005 (Public Law 108–287), and the Emergency this Act and set forth all additional appro- would think that the Pentagon could Supplemental Appropriations Act for De- priations that will be required for the fiscal muster the courage to estimate how fense, the Global War on Terror, and Tsu- year; and much money it will take to support our nami Relief, 2005 (Public Law 109–13) each (3) any funds provided for a fiscal year for fighting men and women. We are talk- contain a sense of the Senate provision urg- ongoing military operations overseas should ing about an estimate. ing the President to provide in the annual be provided in appropriations Acts for such The amendment that I offer to the budget requests of the President for a fiscal fiscal year through appropriations to specific year under section 1105(a) of title 31, United accounts set forth in such appropriations Defense appropriations bill again Acts. states the sense of the Senate that the States Code, an estimate of the cost of ongo- Mr. BYRD. I have indicated the pur- President should budget for the war. ing military operations in Iraq and Afghani- stan in such fiscal year. pose of the amendment and the intent We have been at these two wars a long (2) The budget for fiscal year 2006 sub- of the amendment. time now. I could understand how he mitted to Congress by the President on Feb- The PRESIDING OFFICER. The Sen- might not be able to budget for the ruary 7, 2005, requests no funds for fiscal year ator from Massachusetts. first few months of a war, but we have 2006 for ongoing military operations in Iraq Mr. KERRY. Mr. President, did the been at these wars a long time and we or Afghanistan. manager of the bill have something? still see no budget for them. Still the (3) According to the Congressional Re- The PRESIDING OFFICER. The Sen- American people do not know. What- search Service, there exists historical prece- ator from Alaska is recognized. ever is requested of the Congress, the dent for including the cost of ongoing military operations in the annual budget re- Mr. STEVENS. It would be the intent administration does it with supple- quests of the President following initial of the managers of the bill to indicate mental appropriations bills. There are funding for such operations by emergency or to Senator BYRD that we would be not very thorough hearings on supple- supplemental appropriations Acts, includ- pleased to accept that amendment mental appropriations bills. They say: ing— when the time comes. We will leave up

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11081 to Senator BYRD when he wants to Mr. BYRD. Mr. President, I thank heating season. Those costs would represent have the vote. the distinguished Senator from Massa- an increase of $403 over those costs for the The PRESIDING OFFICER. The Sen- chusetts for his observations, for his 2004-2005 winter heating season, and an in- ator from Massachusetts is recognized. loyalty to his country, for his service crease of $714 over those costs for the 2003- Mr. STEVENS. The Senator indi- 2004 winter heating season. For families to his country, and for the costs to his using natural gas, prices are projected to hit cated he would be willing to have the human self. For that great service, I $1,568 for the 2005-2006 winter heating season, amendment considered at this time. thank him. And I thank him for the representing an increase of $611 over those The PRESIDING OFFICER. The statement he has just made. costs for the 2004-2005 winter heating season, question is on agreeing to the amend- Mr. KERRY. I thank the Senator. and an increase of $643 over those costs for ment. AMENDMENT NO. 2033 the 2003-2004 winter heating season. States The amendment (No. 1992) was agreed Mr. KERRY. Mr. President, I ask need additional funding immediately to help low-income families and seniors to ensure to. unanimous consent that we set aside Mr. STEVENS. I move to reconsider that they can afford to heat their homes. the pending amendment, and I call up (5) The Mortgage Bankers Association ex- the vote. amendment numbered 2033. pects that steep energy costs could increase Mr. INOUYE. I move to lay that mo- The PRESIDING OFFICER. Without the number of missed mortgage payments tion on the table. objection, it is so ordered. and lost homes beginning later this year. The motion to lay on the table was The clerk will report. Mr. KERRY. Mr. President, this agreed to. The legislative clerk read as follows: amendment is cosponsored by Senators Mr. STEVENS. This is similar to an The Senator from Massachusetts [Mr. KENNEDY, JACK REED, DORGAN, JEF- amendment we have carried in the bill KERRY], for himself, Mr. KENNEDY, Mr. REED, FORDS, MIKULSKI, LAUTENBERG, before. We appreciate the Senator’s po- Mr. DORGAN, Mr. JEFFORDS, Ms. MIKULSKI, sition. It is the position of the Senate. Mr. LAUTENBERG, Mr. CORZINE, Mr. KOHL, Mr. CORZINE, KOHL, BAYH, DURBIN, CANT- The President has decided otherwise, BAYH, Mr. DURBIN, Ms. CANTWELL, Mrs. CLIN- WELL, CLINTON, SCHUMER, BAUCUS, but we hope next year the regular De- TON, Mr. BAUCUS, Mr. REID, and Mr. SCHU- HARRY REID, DAYTON, STABENOW, HAR- fense bill will include the moneys for MER, proposes an amendment numbered 2033. KIN, COLEMAN, SNOWE, DODD, LEVIN, and the ongoing war on terrorism. Mr. KERRY. Mr. President, I ask BINGAMAN. I ask unanimous consent Mr. BYRD. Mr. President, I thank unanimous consent that the reading of that all of their names be added to the the very distinguished Senator from the amendment be dispensed with. amendment as cosponsors. the great State of Alaska for his state- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ment. I thank the very great Senator objection, it is so ordered. objection, it is so ordered. from the State of Alaska for his state- The amendment is as follows: Mr. KERRY. Mr. President, I know ment and his support. I also thank our (Purpose: To provide for appropriations for there is a reluctance, and I understand colleague on this side of the aisle, the the Low-Income Home Energy Assistance Program) it, by the managers of the bill to have other manager of the bill, Senator an amendment on a subject that does INOUYE, for his support. At the end of title VII, insert the following: not fit neatly and squarely and auto- Incidentally, may I say I guess I am matically under the bill. As they know, ADMINISTRATION FOR CHILDREN AND FAMILIES the only remaining person in Congress the number of legislative opportunities LOW INCOME HOME ENERGY ASSISTANCE who voted for the entry of both Alaska here are very few now, and we are on and Hawaii into the Union. Praise God, For making payments under title XXVI of the appropriations track. This amend- I did that in each case. These are two the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.), $3,100,000,000, for ment has been authorized already, so it fine Senators, two of the greatest. is authorized. The question is what we The PRESIDING OFFICER. The Sen- the unanticipated home energy assistance needs of 1 or more States, as authorized by are going to do to effect it. ator from Massachusetts. section 2604(e) of the Act (42 U.S.C. 8623(e)), This is an amendment to deliver $3.1 Mr. KERRY. Mr. President, let me which amount shall be made available for billion of emergency funding—I empha- begin by paying my respect to the Sen- obligation in fiscal year 2006 and which size ‘‘emergency’’ funding—to the Low- ator from West Virginia, Mr. BYRD, amount is designated as an emergency re- Income Heating and Energy Assistance who has for several years now on the quirement pursuant to section 402 of H. Con. Program. subject of Iraq been perhaps the most Res. 95 (109th Congress), the concurrent reso- forceful and eloquent and prescient lution on the budget for fiscal year 2006. The tight natural gas market and the Member of the Senate with respect to SEC. ll. Congress finds the following: devastating impact of the recent hurri- (1) An imminent emergency is confronting the events there. He has been con- canes have resulted in what everyone millions of low-income individuals in the knows and feels in their pocketbooks sistent. He has been strong. All Mem- United States who are unable to afford the bers in the Senate are enormously re- cost of rising energy prices. are unusually high fuel prices and very spectful of his voice and his leadership (2) Prior to the devastation caused by Hur- high fuel price forecasts for the fore- on this issue. ricanes Katrina and Rita in the Gulf Coast seeable future. According to the En- I know for the Senator from West region of the United States, individuals in ergy Information Agency, families are Virginia, the years I have been here, the United States were facing record prices going to pay about 77 percent more for there has been no more stalwart, dedi- for oil, natural gas, and propane. Hurricane natural gas in the Midwest, 18 percent Katrina damaged platforms and ports and cated, reliable defender of America’s more for electricity in the South, and curtailed production at refineries in the Gulf 33 percent more for heating oil in the interests anywhere in the world. There of Mexico, the source of almost 1⁄3 of United has been no one who has stood up more States oil output, further raising energy Northeast. Heating oil costs for the av- for our young men and women in uni- prices. erage family using heating oil are ex- form. I know this journey he has taken (3) The Short Term Energy Outlook report pected to hit about $1,066 during the with respect to his feelings about the of the Energy Information Administration of upcoming winter. That is $403 more war were not easy, and they were con- the Department of Energy states that the than last winter, and it is $714 more trary in some ways to that long record ranges for expected heating fuel expenditure than the winter heating season of 2003– increases for the winter heating season of 2004. on the surface. But it is when you get 2005-2006 are— below the surface and look at some of (A) 69 percent to 77 percent for natural gas Rapidly rising energy costs have an the continuity of his thinking about in the Midwest; incredibly negative impact on the abil- the Constitution, about our obligations (B) 17 percent to 18 percent for electricity ity of low- and even middle-income but as Senators, and about the funda- in the South; fixed-income individuals to be able to mental reasons why you send young (C) 29 percent to 33 percent for heating oil meet their demands. High prices are men and women to fight anywhere that in the Northeast; and forcing working families to choose you see that, indeed, what he is fight- (D) 39 percent to 43 percent for propane in warmth over other basic necessities, or the Midwest. ing for now is as consistent with what (4) According to the National Energy As- in the South, in certain seasons, obvi- he has fought for throughout his record sistance Directors Association, heating costs ously, cool. Those are tough choices to and career in the Senate. I thank him for the average family using heating oil are make. The National Energy Assistance for that and pay my respect to him. projected to hit $1,666 for the 2005-2006 winter Directors’ Association found that 32

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11082 CONGRESSIONAL RECORD — SENATE October 5, 2005 percent of families sacrificed medical The PRESIDING OFFICER. The cently changed so the contracting law care last year in order to be able to clerk will call the roll. could be avoided, in terms of going meet those prices, 24 percent failed to The legislative clerk proceeded to after this contractor on it, because it make rent or meet mortgage pay- call the roll. was not competitively bid, because it ments, and 20 percent went without Mr. COBURN. Mr. President, I ask was not managed properly. food for at least a day. We have a whole unanimous consent that the order for When you review the DTS system, in bunch of people in America who are the quorum call be rescinded. 2002, the DOD Inspector General said it giving up food or rent or medical care The PRESIDING OFFICER. Without should be shut down unless a cost-ben- in order to be able to pay for the home objection, it is so ordered. efit analysis was prepared that showed heating oil. AMENDMENT NO. 2005 the worthiness of its continuation. No Hurricane Katrina is a stark re- (Purpose: To curtail waste under the Depart- analysis has ever been conducted. That minder of precisely what happens when ment of Defense web-based travel system) was in 2002, and we had only spent the Government does not prepare Mr. COBURN. Mr. President, I ask about $100 million on it. We are now at ahead of time for disaster. We have an unanimous consent that the pending $500 million. There is no cost-benefit opportunity now to prepare ahead of amendment be laid aside and call up analysis that has been done. Every De- time. If we do not act now, families are Coburn amendment No. 2005. fense Department employee can travel going to be forced to choose between The PRESIDING OFFICER. Is there cheaper following some other system medical care and heat during the win- objection? Without objection, it is so than this system. We do not own it. We ter. That is just around the corner. In ordered. The clerk will report. keep paying for it. We keep paying for November, it begins to get cold in a lot The legislative clerk read as follows: the development of it. of States. The fact is, having to choose The Senator from Oklahoma [Mr. COBURN] The American taxpayers are getting between a warm house or a full stom- proposes an amendment numbered 2005. hooked, and yet when we are finished ach for your children is not a choice At the appropriate place, insert the fol- with it, we are still not going to have anyone in America, the wealthiest na- lowing: a system that is as good as what is in tion on the face of the planet, wealthi- SEC. ll. None of the funds appropriated the private sector. It is a boondoggle, est industrial nation, ought to wel- by this Act may be obligated or expended for at best. come. the further development, deployment, or op- Program Assessment and Evaluation eration of any web-based, end-to-end travel The number of households receiving testified they were unable to complete what is known as the LIHEAP assist- management system, or services under any contract for such travel services that pro- an analysis because the DTS office had ance has increased from about 4.2 mil- not even kept enough documentation lion in fiscal year 2002 to more than 5 vides for payment by the Department of De- fense to the service provider above, or in ad- of their own expenditures to make a re- million this year, which is the highest dition to, a fixed price transaction fee for liable assessment. in 10 years. LIHEAP applications are eTravel services under the General Services We have big contracting problems in expected to increase very significantly Administration eTravel contract. the Defense Department, and this is this winter. Yet the funding levels for Mr. COBURN. Mr. President, this is the best example I know of that ought LIHEAP are not keeping pace. an issue that came to my attention not to be eliminated tomorrow. LIHEAP’s buying power is signifi- long after I was sworn in as a Senator. At the end of the seventh year of an cantly less than when it was estab- I hope the American public pays atten- 8-year contract, a cumulative total of lished. According to the Government’s tion to the system I am getting ready 370,000 travelers had utilized DTS out Consumer Price Index, what cost $100 to describe because way too many of 5.6 million annual DOD travelers. So in 1982 cost just shy of $200 in 2004. things in the Federal Government are for $500 million, over the 7 years, we Using the CPI calculation for inflation, bought this way. have had 370,000 travelers. It has cost that means that a $1.8 billion appro- The goal of the Defense Travel Sys- us $1,500 per ticket, not counting the priation for LIHEAP in 1982 should tem was a worthy goal. It said: We price of the air fare. have been a $3.7 billion appropriation travel so much, we ought to have a sys- There is not anybody in America who in 2004. LIHEAP currently serves less tem that gets us the best fare and can would look at this, with any common than 15 percent of those people who are do that on a routine basis so we can sense, and say we ought to continue eligible in the country. I understand this amendment can be save money when Defense Department this boondoggle. The utilization rate for the current blocked procedurally. I know that. I employees travel. They contracted calendar year under the Defense Travel hope that will not happen. It is a bipar- with a firm to develop that system. It System is at 15 percent. That means tisan amendment. It is not my pref- was not necessarily a competitive bid erence to attach it to this bill, but it is contract either. only one in eight employees of DOD our only option with the recess coming What this amendment does is pro- uses this system to buy a ticket. And up in a few days. After the comments hibit money from being spent on oper- then they do not always get the best of the Secretary of Energy this week ations and further development of the price. that the administration has no plans of system because, quite frankly, it does In order to break even with the costs asking Congress for more money, we not work. It works less well than any of DTS annualized—in other words, its have no choice but to say this is on the private travel system that is out there annual cost—90 percent of DOD em- congressional agenda, this is on our now. It works less well than the GSA’s ployees would have to use it. They are radar. travel system. not using it. DTS costs $40 to $50 mil- I urge my colleagues to support this We are now close to $500 million lion per year in operations and mainte- bipartisan amendment to add $3.1 bil- being spent with one contractor to de- nance. Orbitz does not come close to it. lion for LIHEAP in the fiscal year 2006 velop a system that does not work. The The GSA accounting system does not appropriations bill. It is emergency system did not work at the first devel- come close to it. None of them come funding. It does not require an offset as opment stage, which cost $47.3 million, close to it. Yet we are continuing to a result. It is an emergency. It is the and the Defense Department bailed spend $50 million of the American peo- amount we have authorized. It rep- them out. It did not work. It has never ple’s taxpayer dollars before we get the resents the amount we need. It is crit- met the requirements or the efficiency first ticket. So it is a system that does ical funding to avoid a looming but ab- or the savings that it was supposed to not work. It is broken. The contracting solutely preventable crisis for millions meet. mechanism is broken. Yet we still have of American families who have been It is kind of similar to one of those people who are going to come to the hard hit by the additional costs of fuel things you get into and you keep hop- floor to defend a system that is broken. oil and the diminishing affordability of ing it will work, keep hoping it will Travel executive Robert Langsfeld home heating oil as the winter ap- work, and then it does not work. Well, testified at the hearing that DTS per- proaches. the American taxpayers are now on the formed less effectively than any—any— I yield the floor. hook for almost $500 million. civilian e-travel system. We have $500 Mr. INOUYE. I suggest the absence of The Defense Department does not million in it, and it is unending on a quorum. even own this program. That was re- what we are going to have, and it still

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11083 works worse than any private e-travel vate sector and buy one that was al- IRAQ system. We have spent half a billion ready developed. Mr. DURBIN. Mr. President, I have dollars. This is money the Government was come to the floor to talk about Iraq as The Federal Government has also not obliged to pay under the original well. I come each and every week. The spent this money on a system that is contract, but we paid it anyway. We reason I came the first week was that not even reliable. It might work one paid it anyway—$47 million. We are back home in Illinois someone said: I day and does not work the next. It trying to pay for Katrina now. We are watch a lot of C–SPAN. Why don’t you might get you the best fare, it might trying to fund the war in Iraq. We have talk about the war in Iraq? Why not. a $500 million boondoggle that does not doesn’t anybody come to the floor and Unlike DTS, GSA e-travel contracts work, and we will have people defend talk about the men and women dying do not pay operations and maintenance that on the Senate floor. The fact is, over there? Shouldn’t that be brought for the programs. They only pay a per- they can’t compete. That is what the up every day in the Senate—our sons transaction fee. testimony of the GAO is. That is what and daughters, husbands and wives, the So for what was a good idea that the testimony of everybody is. They do bravest and best are dying every day in turned sour, we continue to pour un- not even compete. And now they are Iraq? spoiled milk on soured milk, and it be- only at a 15-percent utilization rate. I thought to myself: How can we be comes soured milk. So we continue to Failure carries no negative con- in the middle of a war and go about spend money on it. sequences when we contract this way. business as usual on Capitol Hill? We The Government still does not own When we contract this way, we violate should be talking about this every sin- DTS, as I said. It is an intellectual our oaths as the defender of the tax- gle day because the war goes on every property—computer software and payers of this country to spend their single day. source codes. Last year, Judge George money wisely. I know I am up against This morning, the Pentagon released Miller of the Federal Court of Claims a powerful defense contractor as I at- these figures as of 10 o’clock: 1,942 decided he would not even look into al- tack this process. I want to support our Americans have been killed in Iraq; legations of violations of the Competi- defense contractors. I want to make 14,902 have been wounded. I have been tion in Contracting Act because the sure they are there to help us fight and to these hospitals—Walter Reed, the software and source codes are owned by win and defend our freedoms, both here veterans hospitals back in the Mid- the contractor. So if the contract were and abroad. But this is the kind of gar- west—and I have seen these brave men opened for bidding and another bidder bage that needs to come out of the con- and women who have come home was awarded the contract, the Govern- tracting system. It is the kind of thing wounded and, trust me, many of those ment would have nothing left but a that we need to put on the floor and wounds are extremely serious. They $500 million loss. say: Defend this. Defend it. You cannot have come home with amputations, se- But last week, before the hearing, defend it. It is indefensible that we rious head injuries, and psychological the contractor promised to transfer would spend a half a billion dollars try- scars. ownership of this intellectual property ing to get an e-travel system, when Since the Iraqi elections last Janu- to the Defense Department at the end they are out there working nine times ary, which were greeted by all of us of the contract period, if requested. better than anything this program has with a great deal of praise for the brav- The reason for this, obviously, is to developed. ery of the Iraqi people, since those maintain the fiction that the open bid- I am hopeful the Members of this elections took place, 507 of these Amer- body, and the American public, more ding on the contract in 2006 is on the ican soldiers have died, 507 funerals in importantly, will call this body, will level. It is not. There is no open bid- America. The numbers keep climbing. secure this body’s attention on issues ding. It violates the very laws that Some days it is one at a time. Other just like that. If we are going to not were put on the books to try to main- terrible days it is five or six. Mr. Presi- steal from our grandchildren, then we tain competition in contracting. Own- dent, 1,942 Americans killed in Iraq; al- have to be about cleaning up the con- ership of DTS bounces around to wher- most 15,000 wounded. tracting process in the Pentagon. This ever it is most convenient for avoiding So I will keep coming to the floor to serious scrutiny. is a good first step in doing that. With that, I yield the floor and sug- address this issue, to make sure we One of the secret changes in the con- gest the absence of a quorum. never forget these men and women and tract that was alleged to have violated The PRESIDING OFFICER. The ab- the sacrifice that they, their families, the Competition in Contracting Act sence of a quorum has been suggested. and people who love them make every was the shift from a fee per trans- Does the Senator withhold? single day. action, as we do with all the civilian e- Mr. COBURN. I withdraw my request. I don’t want to pretend for a moment travel systems, to a cost plus guaran- The PRESIDING OFFICER. The Sen- this was brought up to me over the teed profit for the contractor. That has ator from Illinois is recognized. weekend. I don’t want to pretend for a proven they are inept at developing a Mr. DURBIN. Mr. President, I salute moment this is the only death and suf- system. So now we have even changed the Senator from Oklahoma. We have fering in Iraq. There are innocent Iraqi the contract. Now that we spent $500 been in Iraq for over 3 years. We have people who die every day as well. We million on it, we are now going to been asking for investigations of these cannot even put a number on it. I said change it. We are not going to hold no-bid contracts to these large compa- to my staff: Go to the United Nations, them accountable. We are going to nies. We have to have Congress accept go to the Red Cross, go to some group guarantee them a profit for incom- its responsibility with oversight hear- and tell me how many Iraqis have died petency and inefficiency. It is fair to ings. More oversight hearings have since our invasion of Iraq. have Defense contractors reimbursed been held by party caucuses in the Sen- They cannot come up with a number. on the same terms as civilian contrac- ate than by actual committees looking Some estimates are very different. The tors and agency contractors who are at these same companies we think are Brookings Institution, which is recog- doing the same thing. My amendment profiteering and ripping off taxpayers. nized as a nonpartisan research organi- will permit that, and only that, a cost Congress has a responsibility, too, zation, puts the estimate between per service. not just the Department of Defense. We 14,000 and 24,000 Iraqis who have been Another secret contract change was have a responsibility in the Senate. We killed since the start of the war. Others an agreement by the Government to ought to bring this message to both of have estimates that go much higher. pay $43.7 million that had been spent in our caucuses and say, When are we We don’t know. We don’t know how development costs by the original con- going to have oversight hearings on many innocent people have died as a tractor. We got absolutely nothing for those contracting with the Pentagon result of this war or how many died be- that money. It just covered the losses and making millions of dollars and not cause of criminal violence. suffered by the contractor in trying to making us stronger as a nation? Iraqis still die every day. Just this do something they were not capable of I salute the Senator from Oklahoma. last week, we had three coordinated doing, and they are still not capable of It is a delicate subject. He has the car suicide bombs that went off in a doing, rather than to go into the pri- courage to bring it before us. single marketplace. You have seen the

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11084 CONGRESSIONAL RECORD — SENATE October 5, 2005 photos. You have seen the people, the floor and saying: We have to cut I hope the President goes beyond gen- crushed with grief—the mothers, the spending in some other area before we eralities in his speech. Let’s get down friends, and fathers, standing next to rebuild Iraq. No, they save that argu- to specifics. Let’s say to the American the mutilated corpses of these victims. ment for the rebuilding of America people and the soldiers they love: This These bombs that were detonated re- after Hurricane Katrina. But we put is our plan for bringing our troops cently were staggered to explode at dif- the $18 billion in place. home from Iraq. ferent times so they killed as many in- Yet when you read the press accounts I hope this speech is an announce- nocent people as possible. This is a tac- of the average families in Iraq today, ment that we have a new strategy, a tic we have seen over and over again in they tell you that life is so much worse strategy for success, a strategy for our Israel. Now it has come to pass in Iraq than it was a few years ago—no elec- soldiers to come home. Staying the on a regular basis. It is despicable, it is tricity, no sewage, no regular water, no course is not a new strategy. I hope on depraved conduct. It is an example of security on the streets, fears that their Thursday the President speaks truth to inhumane cruelty. children will be kidnapped on the way the American people. I hope he offers These attacks on American soldiers to school. They are trying to leave if honest and realistic assessments of and on the innocent Iraqis underline they can find a way out. That is the what we face. the importance of our mission there real situation in Iraq on the ground On October 15, the people of Iraq will and the need for us to be prepared to today despite the heroic efforts of our vote on a constitution. If it passes, bring this to the right conclusion. We men and women in uniform. Our men there will be parliamentary elections need to have better training and equip- and women in uniform have not failed; in December. If it is rejected, the con- ment of the Iraqi security forces and the political leaders have failed—failed stitutional process will start all over Iraqi police. They must not only have to come up with a plan which said after again in December. the capability to defend themselves, Saddam Hussein is gone, this is how we There is a lot of speculation about they must have the will to defend will end this war. Sadly, we were not what might happen. A constitution themselves. prepared to answer that question, and alone is not going to stop the violence, Last week, General Abizaid, Com- our soldiers have paid the price. but if the constitution can lead to a mander of the Central Command, and I am told the President this week unified country or the notion of na- General Casey, Commander of United will be giving a speech to America tionhood making any sense, then that States and coalition forces in Iraq, tes- about Iraq. It is time for some answers, constitution is a step in the right di- tified before Congress. They disclosed a specific answers, and it is time for ac- rection. Sadly, this nation of Iraq is a nation piece of information that had been countability. Let’s get beyond the gen- of many different groups who have yet classified for a long period of time, but eralities. We are talking about real to show us they can come together, and they finally brought it out to the human lives—our sons and daughters— until they do, it is unlikely we can American people, and we can speak to and we need specific answers. it on the floor. It is a piece of informa- bring our troops home. I respectfully suggest the President There were 23 of us in the Senate who tion we have known from our classified ought to address four issues: First, how voted against the use-of-force resolu- briefings for some time, and it is this: many Iraqi forces must be capable of tion; 23 of us—1 Republican and 22 Of over 100 battalions of Iraqi Army operating on their own before we can Democrats who had serious questions forces in existence today in Iraq, ex- start bringing American soldiers back about this decision by this administra- actly 1 battalion is ready to fight inde- home, and how soon will we reach tion to invade Iraq. Many of us felt we pendently—1 out of over 100. That is an those goals? needed a broader alliance. Many of us incredible number. Billions of dollars Second, what specific measures will felt the information given to the Amer- that we put in there, promises to the the Bush administration take before ican people prior to the invasion was American people that Iraqi soldiers and after the October 15 constitutional misleading about weapons of mass de- will stand and fight so our soldiers can referendum to forge the necessary po- struction, nuclear threats, and alli- come home, and as of last week, these litical consensus and reconcile the ances with al-Qaida. two generals testified in open session growing sectarian and religious dif- Sadly, in the 3 years since, we found that one battalion is combat ready as ferences? that information was just plain wrong. an independent force. Three, what efforts has President Information given to the American President Bush has said over and Bush made or will he make to bring in people to ask them to give their sons over: As Iraqi forces stand up, we will broader international support? The co- and daughters in combat was just plain stand down. There is only one Iraqi alition of the willing has been shrink- wrong. And here we stand today. battalion. That is about 1,000 soldiers. ing ever since the invasion of Iraq. It is Iraq is a diverse place. The war has Only 1 battalion standing up; 146,000 American soldiers and some British made the differences among religious American soldiers standing up. They soldiers and a few others willing to and ethnic groups so much more than are trying to bring peace to a country stand and fight and secure this coun- they were even before our invasion. To that is obviously not ready to defend try. What is this administration doing, add to these internal tensions, I know itself and may not be for a long time. if anything, to bring in Muslim forces there are many neighbors of Iraq who Many Members on this side of the so we can blunt the criticism that we don’t want to see that nation succeed. aisle and the other side are stating are somehow a force of occupation, un- It is a mean neighborhood, no question. very clearly that we need assessments, welcome in this Muslim country? Syria, Iran, and others clearly are fo- not platitudes, when it comes to the Fourth, how should the American menting trouble, making a terrible sit- situation in Iraq. We need to know how people assess the progress in recon- uation even worse. many Iraqi forces must be trained so structing Iraq? What are the tangible The enemies of Iraqi progress in we can start bringing home American results of the billions of dollars Amer- unity would like to see this division troops. We need to know when this ad- ican taxpayers have provided for Iraq? and chaos continue. The Sunnis, the ministration expects we will reach that How is this money being accounted for? Shi’as, the Kurds, and 24 other recog- number. The fact is over the last 6 I made the point earlier to the Sen- nized groups have the future of Iraq in months, despite all the promises that ator from Oklahoma that we have yet their hands. The question is whether have been made, still only one bat- to have a serious oversight hearing they believe they have the possibility talion is ready to fight, and the Amer- about the no-bid contracts in Iraq. of becoming a nation and defending ican people need to know the cost, not Haliburton, all of the names we have themselves. just in these graphic human terms, but heard over and over again, multi- Many Sunnis did not participate in in terms of dollars being spent: $5 bil- million and billion-dollar contracts, the last election to choose those who lion a month in Iraq. We appropriated and we won’t even ask the hard ques- wrote the constitution. We have been $18 billion for the reconstruction of tions as to whether the money is being told as late as today that they are re- war-torn Iraq, and I remind my col- well spent. We are shirking our respon- writing the constitution 10 days before leagues that when we debated that, I sibility, our congressional oversight re- the election in the hopes of winning don’t recall a single Senator coming to sponsibility. Sunni support.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11085 It is hard to believe this is going to utes equally divided for debate prior to Mr. DODD. Mr. President, I ask unan- result in what we hope for, but I pray each of the above ordered votes. imous consent that the reading of the it will. A stable Iraq, moving forward, The PRESIDING OFFICER. Is there amendment be dispensed with. controlling its own destiny, is the best objection? The PRESIDING OFFICER. Without thing for that country and the best Without objection, it is so ordered. objection, it is so ordered. thing for America. Mr. STEVENS. I thank the Senator The amendment is as follows: There are a lot of reasons why the from Illinois. (Purpose: To improve the authority for reim- Sunnis oppose the constitution. They (Several Senators addressed the bursement for protective, safety, and represent 20 percent of the population, Chair.) health equipment purchased for members The PRESIDING OFFICER. The Sen- of the Armed Forces deployed in Iraq and but they represent about 90 percent of Central Asia) these insurgents who are causing these ator from Virginia is recognized. At the appropriate place, insert the fol- attacks every day, killing innocent Mr. WARNER. If I might just make a parliamentary inquiry of the Chair. lowing: Iraqis and our men and women in uni- SEC. ll. (a) REIMBURSEMENT FOR CERTAIN form. Most Sunnis are not insurgents; Our distinguished colleague from Con- PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT they are peace-loving people. But they necticut has been waiting for a period PURCHASED BY OR FOR MEMBERS OF THE are being overrun by forces they can- of time. I wish to respect that, but I ARMED FORCES FOR DEPLOYMENT IN OPER- not control. ask following his remarks if the Sen- ATIONS IN IRAQ AND CENTRAL ASIA.— There is a fight over oil. The oil is ator from Virginia could be recognized (1) IN GENERAL.—Subject to subsections (d) for the purposes of a colloquy with the and (e), the Secretary of Defense shall reim- primarily in Shi’a and Kurdish terri- burse a member of the Armed Forces, or a tory. The Sunnis resent that fact. They Senator from Michigan, Mr. LEVIN. The PRESIDING OFFICER. Without person or entity referred to in paragraph (2), want to make certain the riches of that for the cost (including shipping cost) of any country are shared. objection, it is so ordered. protective, safety, or health equipment that The constitution postpones a lot of The Senator from Illinois. was purchased by such member, or such per- critical decisions to a later date, but Mr. DURBIN. I am not sure if I still son or entity on behalf of such member, be- this constitution is the fundamental have the floor. I say to my colleague fore or during the deployment of such mem- underlying law that could guide Iraq in from Connecticut that I will speak for ber in Operation Noble Eagle, Operation En- about 10 or 12 minutes and then will during Freedom, or Operation Iraqi Freedom its future. for the use of such member in connection I am told that when we take a look yield the floor. Mr. DODD. I ask unanimous consent with such operation if the unit commander at the militias and forces in Iraq, we that I follow my distinguished col- of such member certifies that such equip- find they are basically split into dif- league from Illinois. ment was critical to the protection, safety, ferent factions. Only one battalion or health of such member. The PRESIDING OFFICER. That is combines Iraqis. The others are Kurd- (2) COVERED PERSONS AND ENTITIES.—A per- the understanding of the Chair. ish battalions and Shi’a battalions and son or entity referred to in this paragraph is Mr. WARNER. Did we understand a family member or relative of a member of Sunni battalions. It does not give a that the Senator from Illinois wants positive feeling about this nation mov- the Armed Forces, a non-profit organization, another 15 minutes? or a community group. ing forward toward one common coun- Mr. DURBIN. That is right. (3) REGULATIONS NOT REQUIRED FOR REIM- try. The PRESIDING OFFICER. The Sen- BURSEMENT.—Reimbursements may be made I hope we can see the changes that ator had the floor and has that right. under this subsection in advance of the pro- are being proposed in this constitution Mr. WARNER. Yes, of course, I recog- mulgation by the Secretary of Defense of result in its passage and support by all nize that. I was just trying to be in- regulations, if any, relating to the adminis- of the different forces that can make tration of this section. formed as to how the rest of us can (b) PROTECTIVE EQUIPMENT REIMBURSEMENT Iraq a nation on its own feet. plan our schedules. The Senator from Secretary of State Colin Powell told FUND.— Connecticut might well desire what pe- (1) ESTABLISHMENT.—There is hereby estab- President Bush before the war: You riod of time? lished an account to be known as the ‘‘Pro- break it, you buy it. That is not en- Mr. DODD. I would say to my col- tective Equipment Reimbursement Fund’’ tirely true. We may well have broken league, I hope maybe it is 15 minutes or (in this subsection referred to as the Iraq from what it once was, but we can- so. Depending upon the reaction of the ‘‘Fund’’). not and do not own it. We are unwel- chairman and the ranking member of (2) ELEMENTS.—The Fund shall consist of come tenants at this moment in that amounts deposited in the Fund from the committee, maybe even less time amounts available for the Fund under sub- country, but we need to start thinking than that. I will try to be brief because about when we will return, and we need section (f). I know the Senator from Virginia and (3) AVAILABILITY.—Amounts in the Fund to have the hope and the aspirations of the Senator from Michigan are inter- shall be available directly to the unit com- the people of Iraq in our minds and be ested in having a colloquy. manders of members of the Armed Forces for prepared to accept them. The PRESIDING OFFICER. The Sen- the making of reimbursements for protec- President Bush has a chance tomor- ator from Illinois. tive, safety, and health equipment under row to tell us that there is a new Mr. DURBIN. Mr. President, in the subsection (a). course, a course that will stop the kill- interest of keeping business moving, I (4) DOCUMENTATION.—Each person seeking ing of innocent American soldiers, a am going to yield the floor at this reimbursement under subsection (a) for pro- course which will avoid those who are tective, safety, or health equipment pur- point and return at a later moment. I chased by or on behalf of a member of the wounded and suffering as a result of will let the Senator from Connecticut Armed Forces shall submit to the unit com- this war in Iraq, and a course which take the floor. mander of such member such documentation will bring to an end quickly the insur- The PRESIDING OFFICER. The Sen- as is necessary to establish each of the fol- gency which kills so many innocent ator from Connecticut is recognized. lowing: Iraqis. AMENDMENT NO. 1970 (A) The nature of such equipment, includ- The PRESIDING OFFICER (Mr. Mr. DODD. Mr. President, I thank my ing whether or not such equipment qualifies as protective, safety, or health equipment COBURN). The Senator from Alaska. colleague from Illinois for his gracious- Mr. STEVENS. Mr. President, I ask under subsection (c). ness. I thank my colleague from Vir- (B) The cost of such equipment. unanimous consent that at 7:30 today, ginia as well for his consideration, and (c) COVERED PROTECTIVE, SAFETY, AND the Senate proceed to votes in relation I will try to be brief. HEALTH EQUIPMENT.—Protective, safety, and to the following amendments in the I call up amendment No. 1970 and ask health equipment for which reimbursement order listed, provided further that no for its immediate consideration. shall be made under subsection (a) shall in- second-degree amendments be in order The PRESIDING OFFICER. Without clude personal body armor, collective armor to the amendments prior to the votes. objection, the pending amendment is or protective equipment (including armor or The first is the Warner amendment No. protective equipment for high mobility set aside. multi-purpose wheeled vehicles), and items 1955, which is defense of germaneness; The clerk will report. provided through the Rapid Fielding Initia- the second is Bayh amendment 1933; The legislative clerk read as follows: tive of the Army, or equivalent programs of the next is McCain amendment 1977. The Senator from Connecticut [Mr. DODD] the other Armed Forces, such as the ad- Provided further that there be 6 min- proposes an amendment numbered 1970. vanced (on-the-move) hydration system, the

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There is an old expression, ment provided under subsection (a) per item ‘‘I was born at night but not last when in December of 2004 a soldier of protective, safety, and health equipment night,’’ and I would love to believe that asked Secretary Rumsfeld about hav- purchased by or on behalf of any given mem- this was strictly a matter of timing, ing to sift through garbage dumps for ber of the Armed Forces may not exceed the but I am concerned that basically there scrap metal for Army vehicle armor. lesser of— is still a resistance to the idea that our The Defense Secretary cavalierly re- (1) the cost of such equipment (including service men and women ought to be replied: shipping cost); or ceiving the kind of equipment they You have to go to war with the Army you (2) $1,100. have, not the Army you want. (e) OWNERSHIP OF EQUIPMENT.—The Sec- need, particularly in a war zone. retary shall identify the circumstances, if As we all know, and again I am stat- Of course, we all recall the reaction any, under which the United States shall as- ing the obvious, we are at war. The of the public to that statement. It was sume title or ownership of protective, safety, safety and protection of our troops in very negative, to put it mildly. or health equipment for which reimburse- the field could not be a more serious Two weeks ago, my office received a ment is provided under subsection (a). issue for every single one of us. So why call from a constituent I will call Gor- (f) FUNDING.— is it that the Pentagon has repeatedly don, his first name. Gordon is a good (1) IN GENERAL.—Except as provided in American. He is a former mayor of a paragraph (2), amounts for reimbursements failed to adequately equip these men and women? As far back as June of small town in Connecticut and a Viet- under subsection (a) shall be derived from nam veteran. He asked that he be iden- any amounts authorized to be appropriated 2003, the military was regularly report- by this Act. ing that up to a quarter of the troops tified only by his first name because he (2) EXCEPTION.—Amounts authorized to be deployed to Iraq were short of critical is afraid of retribution against his son. appropriated by this Act and available for body armor needed to protect them- His only son is a lance corporal, re- the procurement of equipment for members selves from shrapnel and AK–47 fire. cently deployed in Iraq, in the U.S. Ma- of the Armed Forces deployed, or to be de- Just this last June, the Marine Corps rine Corps. ployed, to Iraq or Afghanistan may not be Inspector General estimated that 30,000 A loyal Republican, Gordon is not utilized for reimbursements under sub- looking for Government handouts or to section (a). marines in Iraq needed twice as many heavy machine guns, more fully pro- be challenging the President of the (g) REPEAL OF SUPERSEDED AUTHORITY.— United States. He just wants his son to Section 351 of the Ronald W. Reagan Na- tected armored vehicles, and more be safe. That is why last month he con- tional Defense Authorization Act for Fiscal communications equipment to perform tacted the online store Diamond Back Year 2005 (Public Law 108–375; 118. Stat. 1857) their operations successfully than they Tactical and ordered combat gear for is repealed. were getting. Let me repeat: 30,000 ma- his son totaling $683.36. His purchase Mr. DODD. Mr. President, this is old rines in Iraq need twice as much heavy business in the sense of what I am included lower back double-plated body equipment in some areas as they are armor, CAT NAPP body armor for the bringing up was a matter considered a getting. lower torso and pelvis area. He will- little over a year ago on similar legis- The Army has had so many troubles ingly paid for the order in full, as lation. I regret that I have to come mass-producing body armor that it would any parent, I suggest. But why is back again this year. My colleagues eventually lost as many as 10,000 ar- it that this family had to place a pur- voted unanimously a year ago to adopt mored plates as reported by the Army chase order on their own? And how can this amendment or an amendment very Inspector General’s Office. we bear to let good Americans such as much like it. The other body as well Most frustrating of all is that as cas- Gordon pay this price when there agreed to this amendment during con- ualties mounted due to roadside bombs should be regulations on the books pro- ference between the two bodies. It be- or, in DOD parlance, the improvised ex- viding reimbursements for these kinds came the law of the land. plosive devices, IEDs, we found that of purchases if we are not going to The amendment basically said that the Pentagon had gravely underesti- make them on behalf of these young for those men and women in uniform mated the necessary armor needed to men and women ourselves? serving in Iraq and Afghanistan who protect Army and Marine ground vehi- Last week, I met another marine, purchased—or family members, neigh- cles. SGT Todd Bowers, now a reservist at- bors, or others—essential equipment At a Senate Armed Services Com- tending George Washington University, that they needed in their role as serv- mittee hearing in March of 2004, Acting who has already pulled two tours in ice men and women, it would be reim- Army Secretary Les Brownlee—a good Iraq. On his last deployment, Sergeant bursed up to a maximum amount of friend of mine, I might add—testified Bowers said he was fired on by a sniper. $1,100 over a relatively limited period that the Army had not made fortifica- It was not the gear provided by the Ma- of time. The amendment was straight- tions of humvees a priority, saying: rine Corps that saved his life but, rath- forward, clear-cut, and enjoyed the We simply were not prepared for that kind er, a $600 rifle scope that his father had strong support, I might add, of the of counterinsurgency that attacked our con- just purchased at a gun show in Ari- chairman of the Armed Services Com- voys. zona and a pair of goggles he himself mittee, Senator WARNER, as well as As a result of all of these failures, bought for $100. The bullet from the in- others who believed this was the right our soldiers, our sailors, our airmen surgent’s gun lodged into Sergeant thing to do. and marines, were forced to take mat- Bowers’ scope rather than his skull, At the time, the Pentagon objected ters into their own hands in far too and the goggles guarded his eyes from to the amendment, offered talking many cases. scattering shrapnel. Thank goodness points against it, and said it was un- As early as 2003, the Army’s own Sol- Sergeant Bowers’ father made these manageable to have a reimbursement dier Systems Command reported that purchases. But why is it these con- program for equipment that our service soldiers, particularly infantrymen, cerned parents had to make these pur- men and women were having to either were paying an average of $400 each out chases on their own? And what about buy themselves or having bought for of their own pockets for their equip- the hundreds of military families with- them by family members or others. ment that their civilian leaders had out the resources to buy these items? Over the last year and almost a half, failed to provide them. Again, the Sol- Are we going to allow these sons and I have had some 15 or 16 exchanges and dier Systems Command reported those daughters, husbands and wives in uni- correspondence with the leadership of statistics and that the figure did not form to go without the battlefield the Pentagon. Up until today, and I even include personal body armor that equipment that is essential for their mean literally this afternoon, there was being purchased. Because they saw safety? had been almost no response to this re- the Pentagon failing our troops, serv- This is not a new issue. In fact, we quirement of law. As of today—and I icemembers and their families have all have been sounding the alarm to Sec- will get to this in a minute—they have pitched in to pay for protective gear, retary Rumsfeld and the Pentagon’s

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To ad- As I understand it, there are still no Rather than waiting for some bu- dress inadequate equipment supplies, plans for each of the military services reaucrat at the Pentagon to decide in 2003, I proposed an amendment to to actually enforce these regulations. what kind of armor our soldiers and the emergency supplemental appro- The Pentagon’s leadership has done ev- marines should be entitled to, it is far priations bill to resolve $322 million in erything in its power, unfortunately, more appropriate, in my view, to leave shortfalls in critical health and safety to stop this measure from being imple- that up to their company commanders gear, identified by the Army itself, in- mented, either by circulating talking or squadron leaders. cluding body armor, camelback hydra- points against my amendment last My colleagues should have no objection systems, and combat helmets. Un- year or merely failing to implement tions to this requirement, since they fortunately, the administration op- the statute as it was enacted a year endorsed the unit commanders’ discre- posed this legislation, and the amend- ago. Why should they stop now, I ask? tion in the original version of the ment was defeated along party lines. In their talking points to Congress amendment that was unanimously Last year, we tried a different ap- last year, the Department of Defense passed by this body in 2004. proach—requiring the Pentagon to re- actually said that it ‘‘set an unman- Second, as I have already stated, in imburse military personnel, their fami- ageable precedent,’’ and that it would spite of the Pentagon’s assurances, the lies, and charities that bought equip- actually ‘‘encourage servicemembers military has not yet met the troops’ ment for military servicemen in Iraq and their loved ones to purchase equip- armor and equipment needs so the leg- and Afghanistan. Fortunately, in June ment on their own.’’ islation I am offering today will allow of 2004, despite ardent objections, I Such arguments seem absolutely ap- reimbursement for equipment pur- palling to me. It is the Pentagon’s fail- might add, of the Department of De- chases made at any time in support of ure to equip our soldiers that is caus- fense, this body approved that amend- operations Iraqi Freedom or Enduring ing servicemembers to go out and buy ment 91 to 0. Freedom, not just the period between On October 9, 2004, this body ap- equipment, not legislation promoting September 11, 2001, and June 31, 2004, as reimbursement for gear that should proved the final version of that bill, originally recommended by the Depart- have been provided anyway. If only the and the President signed it into law, ment of Defense. including a requirement for the Sec- Defense Department’s leadership had Words cannot adequately express this kept its commitment to protect our retary of Defense to implement a reim- Senator’s frustration that in the year troops, I would not be taking the meas- bursement program by February 25 of 2005, the most powerful nation on ures I am taking today. Earth cannot even see to it that its this year. It is now October 5, 2005, I regret to say I am telling only part military personnel have the safety nearly a year after this provision be- of the story. It seems not only the Pen- equipment they need while deployed in came the law of the land, over 7 tagon miscalculated what the needs are harm’s way. I believe we owe it to our months after the Defense Department of our troops, but it also underesti- was required by law to set up a system mated the need to fix the problem in troops to do the right thing and to pass for the troops to receive compensation short order. At the time I originally in- this measure. This legislation has al- for the protective gear they purchase troduced my amendment, in June of ready received the endorsement of sev- for use in combat, equipment they 2004, the Pentagon leadership pledged eral national military organizations, bought because the Government failed they would have all the equipment including the Veterans of Foreign to provide it. All of this time has needs addressed by July 31, 2004. All Wars, the Military Officers Association passed and still the administration has troops deployed in Iraq and Afghani- of America, National Guard Associa- failed to comply with the law. stan would have adequate protective tion of the United States, and the En- My office has made dozens of con- gear, they claimed. All appropriate ve- listed Association of the National tacts to the Pentagon, both in phone hicles would have the necessary body Guard. calls and in letters, and still we heard armor, they said. And according to the I particularly thank Retired Briga- nothing back and still little action has Pentagon, all our deployed soldiers, dier General Green for his strong en- been taken. Maybe they thought they sailors, airmen, and marines could rest dorsement of this bill, along with Re- could just ignore the law or that I assured that their equipment needs tired Master Sergeant Kline of the En- might just go away. Instead, under would be met. We therefore crafted our listed Association of the National pressure from renewed press interest amendment to reimburse troops for Guard for their strong endorsement. on this issue, the Defense Department purchases only made between Sep- They appeared with me a few days ago finally issued early guidelines—guess tember 11, 2001, and July 31, 2004. at a press conference in which I an- when. Today—for implementing the re- But, as many military members and nounced I was going to offer this imbursement program just over 7 their family members such as Gordon amendment and gave very strong state- months late. or Todd Bowers will tell you, private ments in support of this effort. The regulations are incomplete, with purchases of critical gear are still oc- Again, I do not want to take up a lot provisions for reimbursement for only curring every day. We owe it to our of time. We have already adopted this a select few items. If one needs any troops to make sure that they are ade- amendment a year ago, virtually the proof that DOD is once again coming quately compensated for these pur- same amendment. I regret I am back up short, all one needs to do is look at chases. For all of those reasons, I in- again more than a year later urging the list of reimbursement items. It troduced this additional legislation similar action. But, again, I point out does not include the gun scope that that I hope will move this Government it has taken far too long for some re- saved Todd Bowers’ life. It does not in- into action. sponse to this. Again, if the problem clude the gear that Gordon bought for Let me briefly describe what it does. were over with, if it were not ongoing, his son. It does not even include items First, since Secretary Rumsfeld has I would not offer the amendment. I that were purchased in an attempt to demonstrated an inability or unwill- would be disappointed the administra- protect humvees with what has been ingness to comply with the law, we tion or Pentagon did not comply with called ‘‘hillbilly armor,’’ as depicted by take out of his hands the requirement last year’s law but, as I testified, we this New York Times story in May of to devise the reimbursement program, have problems every single day in this 2004. and instead we leave it up to the indi- area. The Pentagon needs to get to In this story, a community in New vidual troops’ unit commanders to de- business on this. Jersey went out as a community and cide which equipment need is worthy of Today they have all of a sudden come bought a lot of this body armor to use reimbursement. If the unit commander up with a proposed set of regulations, on the floor of humvees to protect the thinks it is necessary, they can say re- but I point out no gun scopes, no young men and women from their own imburse for it. If they say no, you don’t humvee protection, no GPS receivers, State from those problems, such as get reimbursed. Leave it to your unit no radios. These and other items that bombs going off that were taking so commanders. No one knows the needs are being purchased by our troops are many lives. This goes back to that of our troops better than the com- included on our list. It is a step in the date. They would not be included in the manders deploying alongside our fight- right direction but occurring on the list provided by the Pentagon. ing men and women. very day I am offering the amendment

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The Sen- a sailor and so forth, inconsequential could regain the floor? ator from Virginia. though that be, I know a little bit The PRESIDING OFFICER. The Sen- Mr. WARNER. I commend my col- about the life of a service person. The ator from Virginia. league from Connecticut. modern GI, this generation, I guess as Mr. WARNER. I urge the adoption of Mr. STEVENS. Will the Senator great as any generation we have ever the amendment in hopes that the dis- yield for a procedural matter? witnessed in the history of the coun- tinguished colleague from Connecticut, Mr. WARNER. I yield the floor. try—believe me, leave it to them and with two extraordinary veterans of Mr. STEVENS. Just to correct an they can figure out a lot of things that military life, can sit down and work error to the RECORD. presumably are better than provided by this out in a mutually satisfactory Mr. WARNER. Certainly. the military. manner. AMENDMENTS NOS. 1895, 1996, 2017 The Senator pretty well restricted Mr. President, under the unanimous Mr. WARNER. Mr. President, I have himself to those essential things with consent agreement, we have been rec- sent modifications to the desk on which I agree. But if we leave this ognized, the Senator from Virginia and amendments 1895 for Senator BINGA- open, we enable these young men and the Senator from Michigan, to conduct MAN, 1996 for Senator MIKULSKI, and women, proudly wearing the uniform a colloquy? Mr. STEVENS. Mr. President, we 2017 for Senator BENNETT. I didn’t today, to buy a whole lot of things. know the amendments had already Next thing you know we are going to would like to dispose of this amend- been sent to the desk. have an open door for a lot of things to ment if it is possible. The PRESIDING OFFICER. Does the I ask unanimous consent these be purchased. Senator from Virginia yield? amendments, as submitted, be agreed A wrong, in my judgment, was done Mr. WARNER. We yield for the par- upon and not the modifications I sent in the early procurement system of liamentary desire. to the desk. this equipment, failure to have it, fail- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ure to deliver it in a timely way to ator from Alaska is recognized. objection, it is so ordered. some of our troops, and you have made Mr. STEVENS. I am constrained to The amendment (No. 1895) was agreed that clear today, as have other Sen- say that even back in World War II we to. ators on the floor. But I say, I do be- bought some of our own stuff and (The amendment is printed in the lieve consideration should be given to thought the Government should pay RECORD of September 29, 2005.) some terminal date—maybe through for it. No one did. The question is, How The amendment (No. 1996) was agreed 2006—in which to give the military the much should we be able to spend? We to. chance to make certain that every- will work it out. I urge the Senator to (The amendment is printed in the thing that can protect the life is there, allow us to adopt this now by voice RECORD of October 4, 2005.) and there is no requirement for these vote so it will not be involved in the The amendment (No. 2017) was agreed young people to go out and purchase it cloture process tomorrow. to. on their own. The PRESIDING OFFICER. Is there (The amendment is printed in the Mr. DODD. If my colleague will yield. further debate on the amendment? If RECORD of October 4, 2005.) Mr. WARNER. Yes. not, the question is on agreeing to the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- amendment. ator from Virginia. ator from Connecticut. The amendment (No. 1970) was agreed AMENDMENT NO. 1970 Mr. DODD. I thank my friend, the to. Mr. WARNER. I commend our distin- chairman of the Armed Services Com- Mr. STEVENS. Mr. President, I move guished colleague from Connecticut. I mittee, for his support. You were tre- to reconsider the vote. would say, knowing him through these mendously helpful. At a time when the Mr. DODD. I move to lay that motion many years and enjoying a warm and Pentagon was resistant, the chairman on the table. cordial friendship, his indignation was of the committee and others stood up The motion to lay on the table was in full control and modest in compari- and said we should do this—regret- agreed to. son to other periods, but he is abso- tably, we should be doing this. The PRESIDING OFFICER. The Sen- lutely right. Were I in his position, I We have done two things a little dif- ator from Virginia is recognized. would be indignant about the fact that ferently in this amendment. The chair- AMENDMENT NO. 1955 you have tried assiduously to urge the man pointed it out. One, we removed Mr. WARNER. Mr. President, I note Department to follow the law which I the decision from the Pentagon to the the presence on the floor of my distin- was privileged to work with you in put- field commander to make a decision on guished colleague, the ranking member ting into effect last year. That law was what is reimbursable or not, on the of the Armed Services Committee. Section 351 of the Defense bill last theory, as a squadron leader or platoon During the course of yesterday, the year. It set forth, as the Senator has in leader, field commander, they are in a distinguished chairman of the sub- this bill, much the same relief for the better position to decide whether or committee on appropriations, Mr. STE- men and women of the Armed Forces not an item a soldier may purchase VENS, and myself participated in a par- who, on their own initiative, have gone should be reimbursable, rather than liamentary situation, whereby the Sen- out and expended, and indeed their someone at the Pentagon who would ator from Virginia sent an amendment families have contributed, sums of not have a firsthand knowledge of the to the desk. It was actually filed. I money. kind of equipment. asked it be called up and it was. I am very much in favor of this. I Second, we limit the amount that At that time, there was an objection hope the managers of the bill will see can be collected. This is not an unlim- interposed by the Senator from Alaska, fit to accept it. But I do urge upon the ited amount. Some of these items referring to the CONGRESSIONAL RECORD managers and my colleague from Con- would be in excess of the limitations of today, at page S10967. necticut that consideration be given to we put in the amendment. That is what We went through the parliamentary a clause which was in the law last year. we had last year. situation, whereby I desired to have I will read it: Third, I am willing to consider some the amendment considered. The Sen- The protective safety or health equipment outlying date. The reason we limited it ator from Alaska objected. Whereupon, was purchased by the member during the pe- last year was because of the assurances I raised the question of germaneness to riod beginning on September 11, 2001, and we had been given that, in fact, the the amendment, and it was referred to ending on July 31, 2004. problem no longer existed. In fact, it the Parliamentarian.

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Parliamentary in- language in the House bill to permit We are now faced with the need to ex- quiry: I thought we had an under- Senator WARNER to assert the defense ercise every option under the rules to standing that there would be no of germaneness with respect to his get our bill considered. Although it is amendments filed after a specific time. amendment numbered 1955.’’ an extraordinary procedure and it has This is a second-degree amendment. We I ask, at this moment in time, a par- only been done once in 1988, I think we did not permit second-degree amend- liamentary inquiry. Has the Senator at this juncture, given the indefinite ments at that time. from Virginia correctly stated what time in which our bill could be taken Mr. WARNER. Mr. President, I have was put forth to the Senate through up, and the short period in which, pre- to say in fairness that I have checked the Chair? And, if so, what is the na- sumably, the Congress is going to re- with the Parliamentarian each step of ture of the vote that is now before the main in session, have to seize this op- my procedure yesterday and today. I Senate? portunity at this time to have our bill have checked, and it was the interpre- The PRESIDING OFFICER. The Sen- considered in conjunction with the ap- tation given to me, as frequently given ator has adequately stated the state- propriations bill. to Members of this body by the Parlia- ment that was made with respect to For that purpose, I filed the amend- mentarians, that the unanimous con- that issue. ment, amended it to take out section B sent did not prohibit, as the Chair just The Senate will vote whether or not which relates to the Department of En- announced, the filing of second-degree the amendment is germane under the ergy, and section C which relates to amendments. provisions of rule XVI. MILCON, leaving section A which is Mr. STEVENS. That was not my un- Mr. WARNER. Would that be as re- those provisions which dovetail and derstanding. quested by the Senator from Alaska? support many provisions of this appro- The PRESIDING OFFICER. The The PRESIDING OFFICER. That is priations bill which is pending here Chair advises that the transcript will correct. today. be reviewed, and the Chair also advises I have heard the distinguished man- Mr. WARNER. I thank the Presiding that he is not aware of a prohibition of agers of the appropriations bill time Officer. I thank the Parliamentarian. filing second-degree amendments at and time again in previous years, as in I took this action, frankly, on behalf this time. this year, explain the desirability of of the men and women in the Armed Mr. WARNER. Could the Chair repeat having the authorization bill acted Forces. Our Nation is engaged in war— that a little louder, please? upon prior to the appropriations bill. a war on terror with two very major The PRESIDING OFFICER. The engagements, one in Afghanistan and I readily acknowledge to the managers of the appropriations bill the es- Chair advises the Senator from Vir- the other of larger proportions in Iraq. ginia that the transcript will be re- We have men and women in far-flung sential requirement to get passed as quickly as possible—hopefully, before viewed, and the Chair, as of this mo- posts all over the world, men and ment, prior to reviewing that, is un- women on the high seas, men and this recess—the requirements for the ongoing financial needs of the Depart- aware of the prohibition on second-de- women back here training, and the gree amendments. men and women of the Armed Forces ment of Defense. They are critical. I have not put this on to that bill as Mr. WARNER. I thank the Presiding and their families look to the Congress a dilatory measure. And to expedite Officer. of the United States to provide for consideration of the authorization bill, The PRESIDING OFFICER. Against their needs. That is clearly set forth as I carefully selected a series of amend- the filing of second-degree amend- our responsibility in the Constitution. ments, originally numbered 110 amendments. The Committee on the Armed Serv- ments, and filed them at the desk in Mr. WARNER. Yes. That is precisely ices was established by this body for two managers’ amendments, the pur- what I asked the Presiding Officer to the purpose of examining the Presi- pose of which was to say to our col- accept, and I think your ruling is con- dent’s budget, examining a wide realm leagues they are your amendments. sistent with the request of the Senator of other issues that come before us, and Senator LEVIN and I have reconciled from Virginia. preparing each year a bill known as the such differences as existed such that We can proceed. authorization bill for a certain year— we both now agree—the Senator from Mr. LEVIN. Mr. President, will the in this case it is 2006. Our committee Michigan and the Senator from Vir- Senator yield for a question? did that and unanimously reported out ginia—that they are ready for enact- Mr. WARNER. Yes. favorably to the floor that bill. That ment on our bill through the vehicle Mr. LEVIN. In terms of the content bill was taken up by this body and de- traditionally used of a managers’ of the package—— bated for a series of days. Some 30 amendment requiring just one single The PRESIDING OFFICER. The Sen- amendments by colleagues were ac- vote, if necessary. We can perhaps in- ator from Michigan is recognized. cepted. They are part of the amend- corporate them into the underlying Mr. WARNER. Mr. President, I yield ment that is now pending and is the bill—but one vote on these packages. for a question. subject of this vote this evening. Given the changes in circumstances Mr. LEVIN. Without losing his right There came a time when it was the of germaneness, it was necessary for to the floor, I want to see if I can clar- judgment of the majority leader and the Senator from Virginia to prepare a ify what I understand to be in the the Democratic leader that this bill third amendment, which I will now file package which was sent to the desk. would be taken down to give a higher with the clerk. It is permissible under My understanding is on the underlying priority to appropriations bills. That is the unanimous consent, and I send to amendment which the Senator filed a leadership decision. Thereafter, Sen- the desk about 100 amendments, which, and which I cosponsored that the sec- ator LEVIN and I worked with our lead- in the judgment of myself and others, tions of our Defense authorization bill ership in an effort to get our bill back are germane to the bill. Therefore, I relating to energy and to military con- at a specific place on the calendar so send that to the desk. struction have been removed. that it could be considered by the Sen- Mr. STEVENS. Mr. President, reserv- Mr. WARNER. That is correct. ate. It had been our hope that that oping the right to object, I am not sure Mr. LEVIN. And that the purpose of portunity would have been given to us that is in order. I would like to reserve this package is to remove any amend- prior to the appropriations bill. All of the right to object to this when the ments relating to those two subjects us who have been privileged to work on Senator is finished. from the managers’ package. these bills through the years—this is Mr. WARNER. Mr. President, at this Mr. WARNER. The Senator is cor- the 27th year in which I have been priv- point in time, parliamentary inquiry: rect. I would add that it was for the

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We don’t suming the Senate in its vote sustains brought up of 101 amendments by our know how many more amendments will the judgment of the Senator from Vir- colleagues and be attached to our au- likely come to these amendments. ginia and others that there is germane- thorization bill by having one vote, if I yield the floor. ness in our underlying amendment— necessary, on one amendment, which Mr. LEVIN. Mr. President, will the then I seek to amend that with this encompasses by management proce- Senator yield for an inquiry without third package which constitutes only dure 100 amendments by our col- losing his right to the floor? amendments related to part A, such as leagues. Mr. WARNER. Yes. I yield for a ques- if there is another challenge on ger- The PRESIDING OFFICER. The Sen- tion. maneness I will not be burdened down ator from Virginia is still recognized. Mr. LEVIN. I wonder if I could in- by sections B and C. Mr. WARNER. I yield for a question. quire—— In no way does this third filing in Mr. STEVENS. There is still a unani- The PRESIDING OFFICER. The Sen- any way try to restore parts B or C. To mous consent request before the Sen- ator from Virginia has a perfect right the contrary, it takes out all amend- ate. to submit amendments to be printed. ments which are related to B and C, so Mr. WARNER. No. I have not made They have not been called up. There- hopefully if I have a further challenge one, I say to the Presiding Officer. fore, they are not in order at this time on germaneness, it can be sustained, The PRESIDING OFFICER. There is to be offered, but they may be sub- that they are germane. a unanimous consent request before mitted for printing. Mr. LEVIN. Will the Senator yield? the Senate. The Senator from Alaska is Mr. WARNER. Mr. President, that is Mr. WARNER. Yes. reserving the right to object, and that the request of the Senator from Vir- Mr. LEVIN. To try to clarify this, unanimous consent is asked for. Is ginia. I thank the Presiding Officer. what the Senator from Virginia calls there objection to the unanimous con- Mr. LEVIN. If the Senator will yield part 3 is a skinned-down version of 1 sent by the Senator from Virginia? for a question without losing his right and 2, eliminating from 1 and 2 those Mr. STEVENS. I still reserve the to the floor, my understanding of the provisions which might violate the un- right to object because I don’t under- amendments which have just been derstanding which existed that there stand what the Senator is doing. The printed is those are amendments to the would not be any provisions in this Senator filed a portion of the Defense Senator’s amendment, not to the bill. package that related to the energy authorization bill as an amendment. Mr. WARNER. I beg your pardon? piece and to the MILCON piece. The ef- He then filed a separate package of Mr. LEVIN. Is my understanding cor- fort being made by the Senator from amendments—some 80 amendments—to rect that the amendment which was Virginia, as I understand it, is not to that amendment. Now he has filed an- just sent to the desk to be printed are add something into this part in viola- other set of amendments—as amend- amendments to Senator WARNER’s tion of an understanding, but is to ments to what? amendment, not amendments to the make sure that parts 1 and 2—that this In any event, we thought we had an bill itself? modification complies with the under- understanding that there would be no Mr. WARNER. Mr. President, that is standing that the Senator from Alaska second-degree amendments filed under correct. In the event the Senate con- and the Senator from Virginia had; is this procedure. curs in the position of both of us with that correct? Mr. WARNER. Mr. President, if I regard to the forthcoming vote and the Mr. WARNER. Mr. President, the may try—— Senate agrees as to germaneness, it is statement is correct. Mr. STEVENS. I would prefer the my intention to call up my amend- I would not use the word ‘‘under- Chair rule. ment, which is the 2006 armed services standing.’’ Mr. WARNER. I say to the distin- bill, and at that time to put on it a Mr. LEVIN. I apologize for that guished Senator from Alaska that the managers’ amendment—jointly, the statement. Chair has ruled that the—— two of us—which is the third pending Mr. WARNER. The Senator is exer- Mr. STEVENS. Then I object. I just amendment at the desk. We will dis- cising his rights in a very courteous object. card the other two amendments be- way throughout. Mr. WARNER. If I could clarify what cause this third amendment has been Mr. LEVIN. But in terms of the rep- I am trying to do—— carefully drawn to have those amend- resentation of what was in the pack- Mr. STEVENS. Does the Chair under- ments, as the Senator from Michigan age, it did not contain in packages 1 stand that I object to the unanimous said, those amendments relative to and 2 anything relative to the Energy consent request? part A, which constitutes the amend- and MILCON bills. The effort of this The PRESIDING OFFICER. The ment at the desk at this time. It will printed package is to make sure the Chair’s understanding is that the Sen- be the subject of a vote, and not parts proposed amendments to your amend- ator from Virginia has the right to file B and C. ment comply with your representation. amendments for printing and that they Mr. STEVENS. Parliamentary in- Mr. WARNER. Mr. President, that is be called up. quiry: Are not these amendments that correct. The third filing consists of Mr. WARNER. The Chair is correct. the Senator struck from the amend- amendments only relative to part A in The PRESIDING OFFICER. He is not ment as he offered it—there is a sec- the hopes—if we have another chal- proposing those amendments at this tion B and C now of the authorization lenge at the time we try to amend it. time. Therefore, it does not require bill, which was struck from the amend- So now the Senate is faced with a unanimous consent to have that done. ment? That was the understanding. tough call on this vote. I fully appre- Mr. STEVENS. What the procedure is They would not be offered. ciate for my colleagues the difficulty doing is making sure that an amend- The PRESIDING OFFICER. The of trying to evaluate how Members ment is offered by every Senator in the Chair has no knowledge of the sub- should vote. place. The two Senators who are not stance of the amendments. In all fairness, this Nation is at war. managers of the present bill are offer- Mr. WARNER. Fine. The men and women of the Armed ing their package as managers of their This third amendment I have filed is Forces are watching ever so carefully bill in order to get support of the Sen- simply a consolidation drawing from what the Congress is doing. I am fear- ate to attach this amendment in the the first amendment of 80-some amend- ful if we do not avail ourselves of this first place. It is a procedure I have not ments, and the second, I think, was 18 opportunity to put our bill on—which seen in my 38 years here in the Senate, to 20. Only those amendments in this has been done once before—and hope- and I object to their procedure. But I third filing are ones relative to part A. fully add those amendments which are may not be able to be heard on it. I be- All amendments relative in the earlier very important to many Senators, that

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After a day This is a critical time. We must do it. have so much at stake. Usually appro- or so here, if the leadership finds factu- I say to my good friend, it is not an ef- priators and the authorizers have been ally that the Senate is taking steps, fort in any way to undermine the Sen- able to work together. I hope that will and is within their right to try and put ator’s efforts to get this appropriations continue now. Somehow or other I hope second degrees on, and that is an im- bill through. By the incorporation of we will be able to figure out a way—— pediment to finishing the bill by Fri- these 100 amendments, together with Mr. STEVENS. Will the Senator day, I am sure we can sit down with the the 30-some amendments which have yield? two leaders and work out a solution. already been adopted by the Senate the Mr. LEVIN. If I can finish the sen- I simply say, give us not just a previous time we had this bill on the tence. chance but give the Senate as a body a I hope we can find a way consistent floor, there will not be forthcoming a chance to show responsibility to enact with the wonderful relationship which massive number of amendments which the annual authorization bill. has existed between appropriators and in the end could result in a further AMENDMENT NO. 1977 authorizers in the defense area, that we drawing out of the time needed to have Mr. President, I endorse strongly the can find a way to get this authoriza- this body exercise its judgment on the McCain amendment. I have been a co- tion bill before the Senate. We have appropriations bill. sponsor from the beginning. I have tried to get it freestanding, without I plead with my colleagues to have an looked into this situation. At one time success. This is an opportunity to bring understanding of the imperative nature when I was privileged to be Secretary this bill to the Senate. to act upon this bill promptly. It As the Senator from Virginia said, of the Navy when the war in Vietnam underlies much of what the Senator is we have over 100 items which have been came to an end, I dealt extensively trying to do in the appropriations bill. cleared. That is not done for any sin- with the prisoner issue and their fami- It is needed authorization language. ister reason. That is done for a very lies in that tragic era of our history. I I see my colleague who has joined me simple way to expedite this bill so that have had some insight into this situa- in this, if the Senator wishes to go the appropriators are not confronted tion which enables me to give the ahead. Does the Senator have a ques- with 100 amendments. The appropri- strongest possible endorsement to this tion? ators should not be confronted with an amendment by the Senator from Ari- Mr. LEVIN. I thought the unanimous authorization bill where there are 150 zona, a very respected member of this consent request would be a colloquy. amendments pending. Senate and a man with an extraor- Mr. WARNER. That is what we have, The Senator from Virginia and this dinary record in the armed services of a colloquy. Senator have tried very hard to accom- the United States. Mr. STEVENS. How long will the col- modate Senators on both sides of the The McCain amendment provides us loquy go on? It has been going on 30 aisle so we could help the appropri- with the opportunity to better ensure minutes—20 minutes, anyway. ators, so we could represent to the ap- our Nation’s military does not repeat The PRESIDING OFFICER. No time propriators that we would not be con- the errors, faults and misdeeds we have has been offered. fronted with 100 or 150 amendments, seen occur at military detention facili- Mr. LEVIN. I assure the Senator but that a managers’ package would be ties overseas as we fight this war on from Alaska I will be brief. I simply able to resolve most of those amend- global terrorism. join in the plea. ments. That has been done. It has been As General Abizaid told us last week The PRESIDING OFFICER. Does the done in good faith. this will be a long war against terror- Senator from Virginia yield the floor? I hope that somehow or other the ists and our Armed Forces must have Mr. WARNER. Yes. managers of this bill can find a way to clear and understandable standards. The PRESIDING OFFICER. The Sen- help us bring this bill to the floor. The McCain amendment has two ator from Michigan is recognized. There will not be more than perhaps a parts of equal vital importance, both Mr. LEVIN. I join the Senator from dozen amendments that would be of- critical. The first establishes clear Virginia in making a plea to our appro- fered to this bill, we think, because we rules for the conduct of our soldiers, priators here, the managers on the bill, believe we can work out most of the sailors, airmen, and marines involved to understand the situation in which other amendments. That is my plea to in interrogation operations. It does not we find ourselves. That is, we had a bill the appropriators and to our good add new approaches or techniques, it in the Senate which the Republican friends, the Senators from Alaska and merely takes Army doctrine which is leader decided for reasons which were Hawaii. our clearest guidance on conduct of in- very clear at the time that the bill Mr. WARNER. I will be glad to yield terrogations and makes it our military would be pulled down. It was left in for a question. standard as set forth in the Army Man- limbo. And the request is whether we The PRESIDING OFFICER. The Sen- ual. will now have an opportunity to vote ator from Michigan maintains the Clearly the Constitution gives Con- on a bill which does so much for the floor. gress a role to play in the creation of men and women in the military. We Mr. LEVIN. I yield the floor. rules pertaining to the treatment of de- cannot think of any other way we can The PRESIDING OFFICER. The Sen- tainees. Article 1, section 8 provides bring up the authorization except by ator from Virginia. that the Congress shall have power to offering it as an amendment to the ap- Mr. WARNER. I thank my colleague. make rules concerning captures on propriations bill, which is pending. We have worked these many years to- land and water, and also to make rules It has met the threshold of germane- gether and we have tried to work in the for the government and regulation of ness, we are assured. The Senate will spirit of what is best, as our managers the land and naval forces. Rules for decide whether it is germane. But the of the appropriations bill, for the men treatment and interrogation of detain- Parliamentarian has advised the Sen- and women of the Armed Forces. I ees clearly falls within this authority ator from Virginia that it meets the plead, give not just the managers a given to Congress by the Constitution. threshold. chance, but give the Senate, I say to The second part of the McCain So now with the provisions in this our managers, the chance to show that amendment speaks to American values. bill—the pay provisions, the special they are not going to come up here It tells our soldiers, sailors, airman, pay provisions, the bonuses, the death with a whole lot of amendments to and marines, our allies, and the rest of gratuity enhancement, the increased drag this appropriations bill down, try- the world that the cruel, inhuman, and life insurance, the health care provi- ing to attach those amendments to our degrading treatment or punishment are sions, the TRICARE provisions—we amendments. not part of the American character.

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He did not inform who offered other amendments that I be listed as a cosponsor of the McCain me that the reason for that deletion you will not accept will not come here amendment relative to the treatment was because the Parliamentarian had and ask us to accept them? No. They of detainees. advised him that the bill would be sub- know that. And Senator LEVIN said The PRESIDING OFFICER. Without ject to a point of order on the basis of there may be some out there, 10 or 12. objection, it is so ordered. germaneness if he did it. So he elimi- Well, how long are 10 or 12 amendments Mr. LEVIN. Mr. President, I support nated the two provisions of the bill going to take when you are on the au- the McCain amendment on interroga- that might be subject to germaneness. thorization bill and we are not han- tion standards because it protects our The Parliamentarian has now advised dling that bill; they are. troops. Major General Fay, in his in- that the Senator from Virginia has a I think the Senate has to realize the vestigation into the role of military in- right to raise the defense of germane- procedure we are in now. If we start telligence in the prisoner abuses at ness and the Senate will vote on that down this road, then every time there Abu Ghraib, found that DoD’s develop- at 7:30. is a Defense appropriations bill some- ment of multiple policies on interroga- Beyond that, the concept now of one who has not gotten a bill passed in tion operations for use in different the- bringing in 108 amendments to the bill terms of another 1 of the 12 sub- aters or operations confused Army and when there are still amendments out- committees—there are 13 on appropria- civilian interrogators at Abu Ghraib.’’ side—I ask unanimous consent that we tions—is going to come in and say: We This confusion over what standards ap- adopt the amendments offered by the want to put our bill on your bill, but, plied contributed to the horrific abuses Senator from Virginia and that no fur- by the way, it will be subject to amend- of detainees. This confusion has put ther amendments from the authoriza- ment. You can call up your bill. We our troops at risk of being subjected to tion bill be permitted to this bill. can’t call up our bill because it is not abusive treatment should they ever be Mr. LEVIN. I object. ready to be called up. captured. Mr. STEVENS. That proves it. The Now, an armed services bill, when it Senator MCCAIN’s amendment would Senators do not know how many of the comes here, is a great bill. It takes a protect our troops by establishing a other 200 amendments are going to long time. We know how long it takes. single, uniform standard for interroga- come out here on this bill. I have stat- Our bill usually takes—one year it tions. This is consistent with the rec- ed time and time again this bill must took 3 hours. Most years it takes less ommendations of Major General Fay. be passed and sent to conference before than a day. Why? Because we are a bi- Senator MCCAIN’s amendment also re- we leave this week. We will not leave partisan subcommittee. When this bill quires that detainees in U.S. custody this week until we finish this bill. I came out of the subcommittee, it came shall not be subjected to cruel, inhu- have told the Senate time and time out unanimously. Not one Senator man, and degrading treatment or pun- again the emergency supplemental is voted against it. When it came out of ishment. This is consistent with the attached to this bill for Iraq and the the full committee, it was unanimous. high standards to which our military is war on terror and Afghanistan. Those Not one Senator voted against it. trained, with how we expect our sol- items must be approved by the Presi- The two of us have run a bipartisan diers to be treated if they fall into dent no later than November 15. team now since 1981. This is the first enemy custody, with our international We had a supplemental for the past year that this has been done. I hope the obligations, and with our cherished fiscal year, 2005. This is the supple- Senate says: We do not want to do it values as Americans. I urge my col- mental for 2006, and 2006 started Octo- this way because this is opening the leagues to support the McCain amend- ber 1. We have a continuing resolution door to an entirely new process of ment. we are operating on for the basic oper- using a bill that must be passed as a The PRESIDING OFFICER. The Sen- ations of the Defense Department, but vehicle to take on a bill that cannot be ator from Alaska is recognized. there is no continuing operation for passed. If they could pass their bill, Mr. WARNER. If I could make cer- the supplemental for Iraq and Afghani- they would have done it. They would tain I still remain a cosponsor of the stan and the war on terror. have proved to the majority leader McCain amendment that is now the This must be passed. The Committee they had amendments, and they could pending amendment. on Armed Services knows this. The have agreed to them. The PRESIDING OFFICER. Without Senator from Virginia, I must correct. That is not our problem. That should objection, it is so ordered. Never before in history has a bill been not be the appropriators’ problem. We The Senator from Alaska is recog- offered to the appropriations bill and have a timeframe. We have 13 bills. We nized. been subject to amendment. are supposed to get them all done once Mr. STEVENS. Mr. President, the We have taken the authorization bill each year. We have had years when we majority leader laid out a plan for the twice during my time on the Appro- did not even have an authorization bill, consideration of the Defense authoriza- priations Committee in full, already and we survived it. We have had many tion bill. It was before the Senate for 4 agreed to by the committee, and taken years where they passed their bill days or a little bit longer. There were it to conference. We have never accept- months after we passed the Defense ap- over 200 amendments offered to that ed a portion of a Defense authorization propriations bill, and we survived it. bill and it was brought down. bill and left it open to amendment. But this year—this year—because we The Senator from Virginia, the chair- Why? The Senate can see right now are at war, this is absolutely wrong, man of the Committee on Armed Serv- why. The managers have not reached absolutely wrong. I hope the Senate ices, came to me and asked if I would an agreement on their bill. The com- listens to me. We have to pass this bill object if they put their bill on this bill mittee has not reached an agreement before we leave to go home for this re- with a time agreement, with specific on their bill. cess for these holidays next week. If we amendments with time limits on each The bill is subject to amendment, do not, we do not have the ability, once amendment. Senator INOUYE and I dis- and there are over 200 amendments at we get back, to pass it and then get to cussed that and we said we would have the desk now that were filed against conference and then get it to the Presi- no objection. the armed services bill. They have dent in time for the money to be avail- We were then informed that was not picked out 108 of them, and they have able to use to support our people in the possible. The Senator from Virginia approved them. They never consulted field. said he would like to offer his amend- with us on what they did, but they Now, people say: Well, wait a minute, ment to this amendment for the pur- have approved them and offered them you can reprogram money. We are in a pose of putting pressure on the major- now as an amendment. As they offer period of a continuing resolution.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11093 There is no money that can be repro- ing a bill that stood off the floor that point in time the leadership will enable grammed. You cannot reprogram far because it had so many authoriza- us to bring up sections B and C, at money now. We do not have 2006 money tion bills in it that could not get which time such other amendments as to reprogram. There is no emergency through, but we took them because colleagues may have can be brought money to reprogram. The emergency they were ready, complete. They were forth and resolved at that point in money is in part of this bill that has to complete. They were ready to go, and time. be passed. they took them in an omnibus bill. But I think it is imperative to act Now, I am getting a little mad. I do But this is not an omnibus bill. This now on the core section of the armed not mean to be too mad, but I mean to is one bill. This is a bill for the appro- services bill. I would hope our col- be very angry and disturbed at the priations for the Department of De- leagues would see that we are giving process. The Senator from Virginia and fense for the fiscal year 2006, plus the the whole Senate a chance—not just the Senator from Michigan know bet- emergency supplemental funding for the managers of the bill but the whole ter than to do this. You know better the war in Iraq, Afghanistan, and the Senate a chance—to show the men and than to do this. It is time for us to re- war on terror. Under those cir- women of the Armed Forces, the people alize we have soldiers and sailors, ma- cumstances, I am appalled that the two of this Nation, that we can, in these rines, the Coast Guard in the field now. Senators would proceed this way. And I times of emergency, act in a bipartisan The money to support them is running tell the Senator from Virginia, our way to reconcile a problem such as out. The reason it has not run out is friendship is very close to the brink— this, and that if our amendment re- because we did reprogram some money very close to the brink—because I be- mains, after the vote at 7:30, and is before September 30 we had available lieve my job is to get this bill passed, brought up, that there will not be then. There is no more money to repro- and get it passed as a bill we know we forthcoming a deluge of amendments gram to take care of this war. can go to conference on, and get it which, in effect, would impair the abil- Now, I do not know how I can express done and be ready when we get back. ity of these two managers to get this it any more bluntly than that. I hope If we were to take this portion of this essential piece of legislation acted the Senate will listen to us and vote bill, the Defense bill, to conference, we upon prior to the commencement of against this concept that this bill is could not finish the conference until the recess, and that there will be a fu- germane to this bill to start with. It is they were finished. And that is defi- ture time with parts B and C, when not germane. It is a whole authoriza- nitely not proper. they will be able to bring forth such tion bill minus the MILCON and energy I yield to the Senator from Hawaii. additional amendments as they believe portions. But it is still the whole au- The PRESIDING OFFICER. The Sen- are necessary to be enacted in the 2006 thorization bill, which is subject to ator from Hawaii is recognized. armed services bill; that is, sections B amendment. As I said, there are over Mr. INOUYE. Mr. President, much as and C would be the tree on which those 100 amendments out there that Mem- I would prefer to have amity and com- amendments could be affixed. bers have filed already against this ity on this floor and be able to accom- So I say to my good friend, I have bill. modate the concerns of my dear friend acted as I feel duty calls. You have Now, I will be pleased to take this, if from Virginia, I must say that I fully stated very clearly the facts. And now there are no more amendments. That agree with my chairman, Mr. STEVENS I entrust the Senate to make the deci- was the understanding to start with: of Alaska. This procedure will set a sion that is right for the country. We would take their bill if they had a terrible precedent, one that we will re- I yield the floor. time agreement, a time to vote for cer- gret in the years to come. The PRESIDING OFFICER. The Sen- tain on it. I think we have gone too far. If you look at it very carefully, it ator from Alaska. My friend from Hawaii—I do the will take away some of the rights of Mr. STEVENS. Mr. President, my shouting; he does the thinking—may people with minority views. So I would last word on this, before we come on want to say something more. But I tell hope that another step be taken—I do the 6 minutes before the vote at 7:30, you, I am really basically deeply con- not know what it is—where we can re- will be this: There are two packages of cerned about the future of our men and solve this matter. I would hope the amendments before the desk. Under women in uniform if we treat their leadership of the Senate realizes the any normal procedure, Senator INOUYE money portion of this process this way. seriousness of what we are confronting and I would review those amendments. This is the authorization process. This at this moment. It affects the future of We have not seen them. We have not is policy. We went into that on another this land, and I am not being dramatic. even gotten a copy of them. Normally amendment today. I don’t know much Thank you, Mr. President. we would have had a copy of them, at about all the precedents in terms of the The PRESIDING OFFICER. The Sen- least. But we do not know how many of Geneva Conventions and what is in the ator from Virginia is recognized. those are in conflict with our own bill. Army Field Manual. Those amend- Mr. WARNER. Mr. President, I say to The two Senators have acted as man- ments—I respect the Senator from Ari- my two very dear and old friends, I ten- agers of a part of our bill because they zona. The Armed Services Committee der any apologies, but I have acted offered their bill as an amendment. people do. We know what is in here for strictly in accordance with the rules, What procedure is this? How can we as- money. exercising the right that any Senator sure the Senate what is in this bill? The Senator’s bill does not pertain to has. I feel it is imperative because we How can we even be prepared to go to money. It does have some authoriza- are a nation at war. We have diligently conference on this bill when we do not tions, but that is all right. They can be tried to get up our bill, and this is an know what is in those two packages? passed later after we pass our bill. No option I felt under the rules was open There are three portions here. We know one is going to be harmed. But there is to me, and I have followed it. what is in the part A, which was part of going to be a great deal of harm if we There was a time, as Senator STE- the authorization bill, but these do not get this bill passed and sent to VENS did correctly state—and he was amendments, we don’t know what they conference and get it to the President correct in his statements—that we had are. We may have already accepted soon after we get back from this recess. hoped there would be an agreement be- some of them. I do not know. Now, I do not know how we can do tween the two sides on what few re- But I think it is really a strange pro- anything more than just say, once maining amendments to our bill, over cedure that anyone would suggest, by again, the Senator from Virginia has and above the 100-plus that are in the offering an amendment, that control embarked on a course that has never amendment up here, could be acted over the bill go to members from other been done before. He said it had been upon expeditiously. I still feel there committees and, in doing so, they clear done before. It has never been done. are but a few amendments out there amendments that we will have to de- Never before has a part of an author- and that we can—Senator LEVIN and fend in conference, theoretically, as ization bill been introduced to this bill, I—resolve them. Members of the Senate, but we do not or any other bill for that matter, that I know parts B and C are essential to know what is in them. No one knows was subject to amendment. We do not be enacted into law before this session what is in them. Normally, a package operate that way. I can remember tak- concludes. I would assume at some like that, if they had their bill out

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Alexandria, VA, October 5, 2005. their homes. I think this procedure violates the Dear Senator MCCAIN: I have read your In America, no family should be proposed amendment to the Defense Appro- rules of the Senate. I am not going to forced to choose between heating their priations Bill concerning the use of the home or putting food on the table for get into the problem of that yet be- Army Field Manual as the definitive guid- cause we are going to vote on germane- ance for the conduct of our troops with re- their children. No senior citizen should ness. Germaneness does not eliminate spect to detainees. I have also studied your have to decide to either buy lifesaving the points of order we may have impressive statement introducing the pharmaceuticals or pay their electric against those amendments later. But amendment. bill. But, unfortunately, low-income as a practical matter, this is a really I fully support this amendment. Further, I working Americans are facing these de- align myself with the letter written to you cisions this winter. odd procedure, and one that is bound by General Shalikashivili and a distin- to, as the Senator from Hawaii said, In some respects, this is a tidal wave, guished group of senior officers in support of not of rising water but of rising energy lead to processes in the future that will the amendment. be totally unmanageable. Our troops need to hear from the Congress, prices which is a consequence of Hurri- canes Katrina and Rita. I urge the Senate to think about this which has an obligation to speak to such For this reason, Senator KENNEDY, as we approach the vote at 7:30 p.m. matters under Article I, Section 8 of the Constitution. I also believe the world will Senator KERRY, and I offered an The PRESIDING OFFICER. The Sen- note that America is making a clear state- amendment to the Defense Department ator from Virginia is recognized. ment with respect to the expected future be- appropriations bill to provide $3.1 bil- Mr. WARNER. Parliamentary in- havior of our soldiers. Such a reaction will lion in emergency funds for the Low- quiry: Did not the Senator from Vir- help deal with the terrible public diplomacy Income Home Energy Assistance Pro- ginia on Monday file an amendment in crisis created by Abu Ghraib. gram, known as LIHEAP. This funding the nature of a managers’ amendment Sincerely, will provide our Nation’s most vulner- COLIN POWELL. with 60 amendments and they have able—low-income families, seniors, and been at the desk since that period of I hope my colleagues will pay very disabled individuals—with affordable time? careful attention to our former Sec- energy this winter. Again, we saw and The PRESIDING OFFICER. That retary of State and Chairman of the were shocked as a nation to see rising would be a matter of public record. The Joint Chiefs of Staff. I do not have to waters imperil the most vulnerable in Chair does not keep a record. tell any of my colleagues of his out- our society on the gulf coast. Well, Mr. WARNER. A matter of public standing and superb record of service these rising energy prices will do the record. Then yesterday I filed a second to this Nation and the depth of his same thing by threatening the most amendment with about 18 in the nature knowledge as it pertains to this and vulnerable people through the North- of a managers’ amendment, and they many other national security issues. east, through the Midwest, through were in the public record. I am very grateful he has come for- every area of the country that antici- I say to my good friends, the amend- ward with this statement, and I hope pates cold weather this winter. ment I filed today, the third one, is my colleagues will pay attention to it. I urge my colleagues to join us to se- Mr. President, I yield the floor. nothing more than taking from each cure $3.1 billion in additional LIHEAP The PRESIDING OFFICER. The Sen- funding. package only those amendments which ator from Rhode Island is recognized. have been at the desk, filed, and con- In September, I, along with over 20 of Mr. WARNER. Mr. President, if the my colleagues, both Republicans and solidating them in a third package. Senator will yield, I want to commend I say to my friend, I am in no way Democrats, sent a letter to the Presi- my long-time friend, Senator MCCAIN, dent urging that he include additional trying to be devious at all. Those for the initiative he has taken. It has amendments have been a matter of funding for LIHEAP in a supplemental been a privilege for me and many oth- appropriations bill for Hurricane public record Monday, Tuesday, and to- ers to join him in this effort. I think day’s amendment simply is a consoli- Katrina. We sensed, as he sensed, that what he stated here should be taken one of the consequences of Katrina was dation of all of those that have been at into consideration by every Senator to- the desk in that period of time. a severe shock to our energy sector night as they cast his or her vote. with complementary increases in I yield the floor. The PRESIDING OFFICER. The Sen- prices. So I believe it is appropriate to The PRESIDING OFFICER. The Sen- ator from Rhode Island. deal with this issue now. We are wait- ator from Arizona is recognized. AMENDMENT NO. 2033 ing not only for the supplemental for Mr. MCCAIN. Mr. President, I know Mr. REED. Mr. President, rising en- Katrina, but also dealing with it on the Senator from Rhode Island is wait- ergy prices could financially wipe out this particular appropriations bill. ing, and I will be very brief. First, it is working-class families and seniors this On Monday, I was dismayed to learn not a happy day for this body when we winter. We are about to see an extraor- that President Bush currently does not are in this kind of imbroglio where we dinary runup in prices that imperil the have plans to request additional are unable to accept as an amendment ability of many families simply to keep LIHEAP funds this year. States are on an appropriations bill the authoriza- their homes warm during this coming bracing for a crisis caused by a lack of tion for the men and women who are winter. affordable energy, and this funding will fighting in our Nation’s defense around In New England, the average cost for ensure low-income families and seniors the world. It seems to me the least we a family using heating oil is projected will have safe, warm homes this win- can do, however this is sorted out, is to to hit $1,666 during the upcoming winter. have the distinguished leaders—Sen- ter. This represents an increase of $403 President Bush, I strongly urge that ators STEVENS, INOUYE, LEVIN, and over last winter’s prices and $714 over you reconsider. The warning has been WARNER—sit down and see if there is a the winter heating season of 2003–2004. issued. Will you once again ignore a way to work this out. It may require That is an extraordinary increase in looming crisis facing America? the participation of the respective the cost families have to spend to heat In addition to LIHEAP funding, there leaders. But we should not be in a situ- their homes. are other steps that Congress and the ation where the best option is to at- For a family using natural gas in the administration need to take to address tach an entire authorization bill as an Midwest, prices are projected to hit our Nation’s high energy costs. First, amendment to an appropriations bill. $1,568, representing an increase of $611 we need to pass Senator CANTWELL’s It is a sad commentary on the way we over last year’s prices and $643 over the Energy Emergency Consumer Protec- do business. price of the 2003–2004 heating season. tion Act to ban price gouging at the

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Mr. President, re- which imposes a temporary windfall The amendment is as follows: garding the two amendments that were profits tax on big oil companies and (Purpose: To require the Secretary of De- sent to the desk, I ask that they be uses the revenues to provide a rebate fense to maintain a website listing infor- considered en bloc. to American consumers to help offset mation on Federal contractor misconduct, The PRESIDING OFFICER. Without the higher cost of oil and gasoline and to require reports on Federal no-bid objection, the amendments will be con- products. contracts related to Iraq reconstruction) sidered en bloc. Total energy spending for the Nation On page 220, after line 25, add the fol- The question is on agreeing to this year will approach $1 trillion, 24 lowing: amendments Nos. 1963 and 2016. percent higher than in 2004. Energy SEC. 8116. ENSURING TRANSPARENCY IN FED- The amendments (Nos. 1963 and 2016) will claim the biggest share of U.S. ERAL CONTRACTING. were agreed to. output since the end of the oil crisis 20 (a) PUBLICATION OF INFORMATION ON FED- Mr. STEVENS. I move to reconsider years ago. Oil and natural gas compa- ERAL CONTRACTOR MISCONDUCT.—The Sec- the vote. retary of Defense shall maintain a publicly- Mr. INOUYE. I move to lay that mo- nies are making record profits, while available website that provides information energy prices are overcoming and over- tion on the table. on instances of improper conduct by contrac- The motion to lay on the table was taking workers’ salary increases. This tors entering into or carrying out Federal is wrong. contracts, including instances in which con- agreed to. We also must fix those bankrupt en- tractors have been fined, paid penalties or Mr. STEVENS. Mr. President, I sug- ergy policies that provide oil and gas restitution, settled, plead guilty to, or had gest the absence of a quorum. companies with billions of dollars from judgments entered against them in connec- The PRESIDING OFFICER. The the Federal Treasury for production. tion with allegations of improper conduct. clerk will call the roll. (b) REPORTS ON FEDERAL NO-BID CONTRACTS The assistant legislative clerk pro- These tax breaks should be repealed to RELATED TO IRAQ RECONSTRUCTION.— ceeded to call the roll. pay for LIHEAP and conservation pro- (1) REPORTS REQUIRED.—Not later than 7 Ms. LANDRIEU. Mr. President, I ask grams that help American energy con- days after entering into a no-bid contract to unanimous consent that the order for sumers, not big business. procure property or services in connection the quorum call be rescinded. The Federal Government must lead with Iraq reconstruction, the head of an ex- The PRESIDING OFFICER. Without ecutive agency shall submit to the Secretary by example also. The President called objection, it is so ordered. on Americans to reduce their energy of Defense a report on the contract. (2) CONTENT.—Each report submitted under Ms. LANDRIEU. I ask unanimous consumption and conserve oil. I know consent to lay aside the pending American families are up to this chal- paragraph (1) shall include the following information: amendment. lenge and will respond. But Americans (A) The date the contract was awarded. The PRESIDING OFFICER. Is there have the right to expect that their (B) The contract number. objection? President and their Government will (C) The name of the contractor. The Senator from Alaska. also make sacrifices. (D) The amounts awarded and obligated Mr. STEVENS. Has the Senator The President should implement a under the contract. called up an amendment? Federal savings target to demonstrate (E) The scope of work under the contract. The PRESIDING OFFICER. The Sen- (3) PUBLICATION.—The Secretary of Defense a serious commitment to improving ator is about to identify the amend- our Nation’s energy security. He shall maintain a publicly-available website that lists the information provided in re- ment she wishes to call up. should set a 40-percent savings target ports submitted under paragraph (1). Without objection, it is so ordered. for Federal agencies by 2020. Over the (4) EXECUTIVE AGENCY DEFINED.—In this AMENDMENT NO. 1942 past few years, the Federal Govern- subsection, the term ‘‘executive agency’’ has Ms. LANDRIEU. I call up amendment ment has reduced its petroleum con- the meaning given such term in section 4 of No. 1942. sumption by less than 1 percent. We the Office of Federal Procurement Policy The PRESIDING OFFICER. The can and we must do better. Act (41 U.S.C. 403). clerk will report. As a nation, we must step back and Mr. INOUYE. I thank the Chair. The legislative clerk read as follows: evaluate our priorities. Now is not the AMENDMENT NO. 2016 The Senator from Louisiana [Ms. time to cut funding for social programs Mr. STEVENS. Mr. President, I have LANDRIEU] proposes an amendment num- such as LIHEAP, Medicaid, and food an amendment at the desk on behalf of bered 1942. stamps that support working families Senator SHELBY. Ms. LANDRIEU. Mr. President, I ask and seniors while the President and The PRESIDING OFFICER. Without unanimous consent that the reading of Members of the Senate continue to objection, the pending amendment is the amendment be dispensed with. push for irresponsible tax breaks. We set aside. The PRESIDING OFFICER. Without must prioritize, and the most vulner- The clerk will report. objection, it is so ordered. able among us must be considered first. The legislative clerk read as follows: The amendment is as follows: Millions of Americans are struggling The Senator from Alaska [Mr. STEVENS], (Purpose: To make available $10,000,000 for each day to make ends meet. They de- for Mr. SHELBY, proposes an amendment Operation and Maintenance, Air Force, and serve our support. I hope the President numbered 2016. $20,000,000 for Other Procurement, Air and this Congress will heed this warn- Force, for the implementation of IMT–2000 The amendment is as follows: ing and help build an energy safety net 3G Standards Based Communications In- for all Americans. (Purpose: To prohibit the transfer from the formation Extension capability for the Army of authority relating to the tactical Mr. President, I yield the floor. Gulf States and key entities within the unmanned aerial vehicles) Northern Command Area of Responsibility) The PRESIDING OFFICER (Mr. MAR- At the appropriate place insert the fol- TINEZ). The Senator from Hawaii. At the appropriate place, insert the following: Mr. INOUYE. Mr. President, I ask lowing: SEC. ll. (a) PROHIBITION ON TRANSFER OF SEC. ll. (a) IMPLEMENTATION OF IMT-2000 that the pending amendment be set AUTHORITY ON TACTICAL UNMANNED AERIAL 3G COMMUNICATIONS CAPABILITIES.—Of the aside. VEHICLES.—None of the funds appropriated amount appropriated by title II under the The PRESIDING OFFICER. Without by this Act may be used to transfer research heading ‘‘OPERATION AND MAINTENANCE, AIR objection, it is so ordered. and development, acquisition, or other pro- FORCE’’, up to $10,000,000 may be used by the AMENDMENT NO. 1963 gram authority relating to current tactical United States Northern Command for the Mr. INOUYE. Mr. President, in behalf unmanned aerial vehicles (TUAVs) from the purposes of implementing IMT–2000 3G Army. of the Senator from New Jersey, Mr. Standards Based Communications Informa- (b) EXTENDED RANGE MULTI-PURPOSE UN- tion Extension capabilities for the Gulf LAUTENBERG, I send to the desk an MANNED AERIAL VEHICLES.—The Army shall States and key entities within the Northern amendment. retain responsibility for and operational con- Command Area of Responsibility (AOR). The PRESIDING OFFICER. The trol of the Extended Range Multi-Purpose (b) IMPLEMENTATION OF IMT–2000 3G COM- clerk will report. (ERMP) Unmanned Aerial Vehicle (UAV) in MUNICATIONS CAPABILITIES.—Of the amount

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The study by the U.S. Army Research Insti- mand for the purposes of implementing IMT– 2000 3G Standards Based Communications In- clerk will call the roll. tute for Environmental Medicine found formation Extension capabilities for the Gulf The legislative clerk proceeded to that 85 percent of the 2,200 male sol- States and key entities within the Northern call the roll. diers surveyed reported use of dietary Command Area of Responsibility (AOR). Mr. DURBIN. Mr. President, I ask supplements. Ms. LANDRIEU. Mr. President, as we unanimous consent that the order for A similar study conducted by the De- consider many important amendments the quorum call be rescinded. partment of the Navy found that 89 to this underlying bill, I will take just The PRESIDING OFFICER. Without percent of Marines have used supple- a moment to speak about this amend- objection, it is so ordered. ments. When broken down by category, ment which I offer that will call the at- Mr. DURBIN. Mr. President, I have the survey showed that 26 percent of tention of my colleagues to the impor- an amendment pending which I would Marines took supplements containing tant investments that we should be like to speak to. I will not call up this stimulants. making in interoperability and com- amendment at this time. Most dietary supplements are safe munications. Mr. INHOFE. Reserving the right to and provide health benefits to those As my colleagues know, we have had object. who take them. a very recent disaster along the gulf The PRESIDING OFFICER. The Sen- I am not on the warpath against a coast that has made quite apparent the ator from Oklahoma. daily vitamin tablet. I take my vita- lack of a communications system that Mr. INHOFE. The unanimous consent mins every day. I don’t know if it helps is adequate to handle natural disasters agreement was to set aside the quorum to make me healthy, but it makes me of this magnitude and even manmade call. I wanted to find out if the Senator feel better to take them and I do, and disasters that we could contemplate. is going to be offering it now. I wanted I think everyone should have the right So this is quite serious. I know there to get the floor if he is. If not, I will to make that decision. But we are talk- are many committees of the Senate not object. ing about a different category of die- and the House that are working very Mr. DURBIN. I thank the Senator tary supplements. We are not talking hard on this issue right now. from Oklahoma. I am only going to about multivitamins or minerals, we Since Katrina and Rita and even be- speak to my amendment and will offer are talking about stimulants. fore these terrible hurricanes and the it at a later time, and I will probably Some of these supplements, these subsequent flooding of this region, take in the range of 10 or 15 minutes. stimulants, can cause serious harm. Of which has been devastating, we have Mr. INHOFE. I will not object. greatest concern are those containing known for some time that we have to Mr. DURBIN. Mr. President, military stimulants such as ephedra and citrus get a better system of communication. personnel are under tremendous pres- aurantium, which are often marketed Our military has some interesting and sure to be physically fit. The condi- for energy promotion, performance-en- very promising initiatives underway tions under which they work and train hancement, and weight loss. The Navy that could truly help us at this time. are often harsh and demanding, mak- released a list of serious problems they That is basically what this $30 million ing physical strength and endurance had encountered among sailors and of- amendment will do, is dedicate or allo- essential. ficers related to dietary supplements cate $30 million to U.S. Northern Com- This pressure makes dietary supple- recently. The list includes health mand for the purposes of implementing ments particularly attractive to mem- events such as death, rapid heart rate, IMT–2000 3G Communications Capabili- bers of our Armed Services, especially shortness of breath, severe chest pain, ties. The IMT–2000 3G Standards will be products marketed for weight loss and and becoming increasingly delusional. used for the Gulf States and key enti- performance enhancement. These are over-the-counter products ties within the Northern Command Finding these products on base is sold nominally to make you more ener- Area of Responsibility, AOR. easy. A 2004 report on dietary supple- getic or to lose weight which when We have many needs that have shown ments in the journal Military Medicine taken result in these conditions: short- themselves out of this storm and out of notes that a newly deployed U.S. Air ness of breath, rapid heart rate, severe the subsequent disaster. It would be Force base had eight different dietary chest pain, and becoming delusional, hard even for the Senator from the supplements stocked on its shelves and in one or two cases, probably more, State that was most directly hit to that were marketed for weightlifting actual death. Unfortunately, most of have to list them in an order of pri- and energy enhancement just 5 months the time adverse events such as these ority because they are overwhelming after it opened. Six of these products are never known to the Food and Drug and they are so great: water, food, elec- contained the notorious supplement Administration or to the public be- tricity, housing, direct help to our ephedra. cause not only is there no premarket local governments. We will debate that This article appeared in Exchange safety review of these products, there as these days unfold, and we will de- and Commissary News last month. It is not even a mandatory adverse-events bate that as these weeks and months describes a store where the ‘‘supple- reporting to the FDA. unfold. ment category is located on the main Consider this: If you walk into a One thing I am positively sure of is aisle at the front of the store, indic- drugstore to fill a prescription the doc- that the communications system we ative of its importance to our cus- tor has given you, the prescription is had in this country did not work well tomers.’’ filled, you go home, you have a bad re- in 9/11. It did not work well for the hur- Thermogenic’s Extreme Thermo action to that drug, and you go back to ricanes that hit the Presiding Officer’s Rush is one of the most popular items. the hospital or doctor because of that State in such a devastating way only a Extreme Thermo Rush contains 200 mg reaction. That is reported to the Food year or two ago, and it did not work of caffeine. That is the equivalent caf- and Drug Administration. The FDA well for Louisiana, Mississippi, and feine in five cans of Coca-Cola. In addi- can then look across America and say: Alabama, which experienced one of the tion, this drink contains 200 mg of Cit- Wait a minute, we are finding people worst natural disasters in the history rus Aurantium, which is an ephedra- who have adverse reactions to this of the country. substitute that was found by a group of drug over and over again. We better To address the devastating problems University of California scientists to take a closer look at it or take it off caused by the lack of communication, increase heart rate among healthy peo- the shelf because it could be dangerous. $30 million is a small investment. I ple. It is a stimulant. These scientists So the prescription drugs you buy have offer this amendment and ask, as we released a report in April saying that an adverse-event report requirement. move through the next few days of con- dietary supplements containing Citrus In other words, if you sell the product sideration of this Defense bill, if we Aurantium could have some of the in America and somebody gets sick or would please take a very careful look same adverse health effects associated dies, you have to tell somebody. You at the importance of this amendment. with ephedra products. have to report it to the Government.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11097 So if, in fact, it is a dangerous product, The American Medical Association vision, magazines, newspapers, selling it is removed from the shelf. suggested we ban it here in the United Metabolife. It was something that was Then let’s go back to the beginning. States, too, because it is too dangerous going to make you healthier and thin- In order to put a product on the shelf to be sold as a dietary supplement. But ner and give you more energy. like a prescription drug, they have to the industry that makes these products About 5 years ago, Metabolife, a die- be tested in advance by the Food and is extremely powerful. As I recount to tary supplement company specializing Drug Administration for two things: you what happened with ephedrine, you in diet products containing ephedra, safety and efficacy. In other words, if will find out why. told Congress it had received no re- you take the normal dosage, would the After 7 years of effort, the FDA fi- ports of people taking their products normal person be safe in taking it? I nally banned ephedra in 2004. At that who experienced serious injury or think we want to know that. And sec- time, 150 deaths were linked to that death. Guess what. They lied. After the ond, is that drug which you just took product. But one Federal court in Utah company was sued, it was revealed that for arthritis really helpful when it this past April called into question the Metabolife had actually received over comes to the condition of arthritis? Ef- FDA procedure, and marketers of these 16,500 adverse events of Metabolife with ficacy. products have hit the street with ad- ephedra. Many reports were serious. But the dietary supplements we are vertising: Ephedra Is Back. Look at They knew that more than 100 people talking about are never tested in ad- this. Natural Life Nutrition Center in had died from their product. They mis- vance. They are not tested as to wheth- Cincinnati, OH, days after this court led Congress. They told us they had not er they are safe. There is no FDA re- decision in Utah: ‘‘Ephedra Is Back.’’ received any information of people tak- view of clinical data. There is no re- You can buy your ephedra products ing their product and experiencing seri- quirement manufacturers produce it. again. They put up the sign to try to ous injury or death. Finally, when they And when it comes to efficacy, we find were sued, the information came out. lure customers back. The court in Utah time and again that these companies, The FDA collects that kind of infor- many of them fly-by-night operations said the FDA had failed to justify its mation on prescription drugs and over- by people with limited resumes and rule banning ephedra, particularly at the-counter drugs. If they learned that limited talent selling so-called supple- lower doses, particularly 10 milligrams something was being sold in America ments with all sorts of health claims, or less per day. that killed 100 people or injured 16,000 turn out be not even close to effective The FDA has said it will continue to people, they clearly would take action. for what they charge or what they say enforce its ban except for doses 10 mil- But this industry is so powerful here in they can achieve. Here you have a ligrams or lower, but less than 2 weeks Washington that they conceal this in- whole category of dietary supplements after the ruling, just to show you how formation. They will not share it un- without testing as to their safety, toothless the Food and Drug Adminis- less they are forced in a lawsuit. without testing to make sure they ac- tration is when it comes to dietary You think to yourself, Why hasn’t tually do what they say they are going supplements, I had one of my staffers Congress risen to its responsibility of to do, for sale. Where? All over Amer- get on the Internet and see if we could protecting consumers? Why don’t we at ica, in every drugstore you walk into, buy some ephedra in larger doses. This a minimum require these companies to and some gas stations. If you go into a staffer bought 30 pills containing 200 report it when these dietary supple- convenience store or gas station, don’t milligrams each from a company with ments harm people seriously or kill be surprised to see dietary supplements a post office box in Boonville, MO. them? on the counter. I bet you think as a The Federal Drug Administration, Frankly, this Congress is in the consumer they couldn’t sell those in after this Utah court decision, said: thrall of this industry, and it has America if they were not safe. Yes, OK, we will let you sell ephedra, but it shown for so many years. I went to the they could. There is no requirement can’t be in doses in excess of 10 milli- floor, this floor, last year to address they be safe. There is no requirement grams. It turns out that there is no en- the same issue. Some of my colleagues they be tested. forcement whatsoever. You can con- came to the floor and said: Oh, we can’t So you think, I guess if somebody tinue to buy this ephedra over the wait to join you. This is a great idea, ever got sick, they would be reported Internet in 200-milligram doses, which adverse-event reporting. Here we are to the Government, and the Govern- could be very dangerous, if not lethal. again a year later and nothing has hap- ment would take them off the shelf. The FDA has announced it is appeal- pened. The same Senators who said, There is no requirement in the law to ing this ruling on ephedra, but clearly ‘‘We can’t wait to work with you’’ report, even if a person drops dead from its hands are tied as it waits for a deci- can’t return phone calls when it comes taking a dietary supplement. It is, in sion. That is why we need to step in. to this issue. fact, the biggest gamble a consumer Congress needs to address this problem. My challenge to them is this: If you can take for many of these dietary sup- We may not solve it with this bill, but truly want to keep dangerous products plements. There has been no testing. we can do something to protect our off the market, if you happen to believe There are very few, if any, quality men and women in uniform. We should they are healthy products and don’t hurt anybody, why are you afraid of ad- standards to certify what they say on be protecting everyone in America, but verse-event reporting? If it is good the label happens to be what is inside this bill addresses our men and women enough for the major pharmaceutical the bottle. There is no testing to deter- in uniform, and that is what my companies, why isn’t it good for the mine if it is effective. There is no re- amendment addresses. The intent of my amendment is to nutritional supplement industry? port if it turns out it is harmful. I hope my colleagues will come to the I referred several times in this state- protect American soldiers from dietary Chamber and understand that we are ment to ephedra, supplements con- supplements containing stimulants putting our men and women in uniform taining ephedra. The military across that have unknown adverse effects. at risk by selling these dietary supple- the United States took ephedra off its This amendment will disallow funds ments which are being used by so many shelf at the end of 2002 because between from being used by military stores to men and women in uniform and are 1997 and 2001 at least 30 Active-Duty sell dietary supplements containing dangerous. They are dangerous to their personnel died after taking it. Ephedra stimulants in cases where it is made health. known to the Department of Defense is something most people are aware of. The Institute of Medicine issued a re- that the manufacturer does not have a Ephedra was this dietary supplement, port last year recommending that ad- this naturally occurring substance policy of reporting their serious adverse-event reporting become manda- similar to the drug ephedrine, which verse events to the FDA’s Special Nu- tory for dietary supplement manufac- people took and which was a stimulant. tritional Adverse Event Monitoring turers—the Institute of Medicine. Here Over the years, we found out it was System. is what they said: dangerous to a lot of people. Thirty Ac- We know this happens. Manufactur- [W]hile spontaneous adverse event reports tive-Duty military personnel died. ers collect information, and we know it have recognized limitations, they have con- Many others did as well. It turns out because of this infamous Metabolife siderable strength as potential warning sig- that ephedra was then banned in Can- case. You maybe remember the nals of problems requiring attention, making ada. You cannot buy it in Canada. Metabolife brand. It was all over tele- monitoring by the FDA worthwhile.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11098 CONGRESSIONAL RECORD — SENATE October 5, 2005 The Institute of Medicine rec- troduced, when it comes up for consid- not support it. Punishing our soldiers ommended that Congress amend the eration at a latter point in this bill. is not the way to ensure the safety of 1994 supplement act, DSHEA, to re- I yield the floor. dietary supplements. A piecemeal ap- quire manufacturers of supplements to The PRESIDING OFFICER. The Sen- proach does nothing to protect the ci- report to the FDA in a timely manner ator from Wyoming. vilian population from products that any serious adverse event associated Mr. ENZI. Mr. President, I rise today are being withheld from the military with the use of their products. with mixed feelings on what I heard be- population. The supporters of the amendment cause this was brought up under the This amendment places the regula- which I offer include the American Die- Defense authorization bill. I talked to tion of dietary supplements in the tetic Association, the American Osteo- the Senator from Illinois, and we hands of the Secretary of Defense and pathic Association, Consumers Union, agreed that we would work on some- cuts the Food and Drug Administration Center for Science in the Public Inter- thing—that would actually do some- out of the loop. est, the American Society for Clinical thing. We have been doing that, but Pharmacology and Therapeutics, and with a slight interruption from I would like to point out that the the American Society of Pharmacology Katrina. Now it is being offered again. FDA is already taking aggressive steps and Experimental Therapeutics. And in the same way, I have mixed to regulate stimulants that are dietary It wasn’t that long ago that a start- emotions because I probably ought to supplements, including the banning of ing pitcher for the Baltimore Orioles suggest to the Senator from Alaska to ephedra. dropped dead. He was a man trying to take this amendment because it will We should be sure that requiring ad- lose some weight taking the ephedra not achieve anything. We have an op- ditional reporting does not inadvert- stimulant, and obviously it cost him portunity to do something and to ently derail those enforcement efforts. his life. achieve something. But this amend- The same thing happened in my part Finally, the Appropriations Com- ment will not do that. mittee has included for fiscal year 2006 of the world in central Illinois, where a Of course, it brings some attention to funding of approximately $5.5 million 16-year-old boy getting ready for a the fact that there may be some ad- for the Center for Food Safety and Nu- football game wanted to have perform- verse reaction to dietary supplements. trition Adverse Events Reporting Sys- ance enhancement and goes down to That is important. The discussion is the local gas station and buys over the tem. That includes approximately $1.7 important. If we had more time for dis- counter an ephedra product, takes it million for dietary supplements. That cussion, we ought to have a lot of dis- and washes it down with a Mountain is over $1 million more than the cussion on it, but we don’t have a lot of Dew and ends up dying from a heart at- amount in the budget request. The time. I will try to keep my remarks tack—a healthy 16-year-old boy. Senate is already moving in the right Now we have our men and women in brief on this. This amendment would withhold direction on this issue. uniform all across the United States I wish to point out that the Dietary walking into these base exchanges funding from any store on a military Supplement Health and Education Act wanting to make sure they are at peak installation or a commissary store— is squarely within the HELP Commit- physical condition to serve this coun- most of those are on military installa- tee’s jurisdiction. try and buying these dietary supple- tions as well—that sells any dietary ments which claim to enhance per- supplement containing a stimulant un- I know that Senator DURBIN has formance and give them new energy or less the manufacturers of the supple- worked with Senators HATCH and HAR- perhaps lose some weight not realizing ment submits reports on serious ad- KIN and myself to develop a proposal on they are risking their lives every time verse events associated with the sup- mandatory adverse events reporting for because the shoddy manufacturers who plement. If they don’t, we shut down dietary supplements. I wish to work sell these products do not report to the the action on the base. But that is defi- with the Senator from Illinois and my Government when people get sick and nitely not the only place you can buy fellow committee members, especially die because of these dietary supple- dietary supplements. What we merely Senators HATCH and HARKIN, to see how ments. do is invite military people to go off we might address the issue in my com- How long is it going to take us? How base to get their dietary supplements— mittee through regular order. many Americans have to die before we and they will. It is important that we get reporting I respectfully ask the Senator from accept responsibility for the consumers Illinois to withdraw his amendment of this country? They trust us. They done so people will know if something and work with the HELP Committee expect the Food and Drug Administra- is having an adverse effect on their on this issue. If not, I will have to option to be there, when it is needed, to health. pose the amendment. I think it will report on these dangerous supplements. I recognize the Senator from Illinois take up unnecessary time when we can But we have let them down for more has strong concerns about adverse re- do it considerably more effectively and than 10 years since it was passed. We porting for dietary supplements, and so without punishing in a big way the should not let them down when it do several other Senators. Senator servicemembers in uniform while we comes to this bill. Let us start by pro- HATCH and Senator HARKIN have been allow the civilian population to do tecting our men and women in uni- working diligently on this. Both of whatever they want. form. Let us start by not letting them them are on the Health, Education, be in danger by buying the products on Labor and Pensions Committee, and Mr. DURBIN. Mr. President, will the the shelves in these PXs or com- that is the committee of jurisdiction Senator yield for a question without missaries that are not good for them. on this particular issue. losing his right to the floor? That is, I think, the least we can do, We have been working on it. I share Mr. ENZI. Yes. his interest on the issue. It is impor- and then let us not stop there. Let us Mr. DURBIN. Last year when I of- move across America to say we are tant that we maintain the safety of di- fered this amendment, Senator HATCH going to stand behind consumers; that etary supplements that benefit so came to the floor. Senator HARKIN we are going to stand behind children many Americans. I mention that this isn’t the first time this has been of- joined afterwards. They conceded that and families so that when they buy they thought it was not a bad idea, if something in a drugstore in America fered. I hope he will withdraw his amend- you sell dietary supplements in Amer- that is supposed to be good for their ica, and somebody is harmed, seriously health, they know their Government ment, and we may move on without having to go through the difficulty of a injured or dies as a result, that the has at least the interest and has taken manufacturer of that dietary supple- the time to make sure it is safe. vote. This is not some wild, crazy idea I As I said, I question the effectiveness ment should report that event to the have. It is an idea backed up by the of achieving such reporting by with- FDA so that they can see if there is a leading medical organizations in Amer- holding legal products only from men pattern, if it is something that might ica, and it is one that reflects the re- and women in uniform and their fami- lead to a decision to take something off ality of the danger of these products. lies while the same products are avail- the market. I invite my colleagues to support able to the civilian population. That is I would like to ask the Senator from amendment No. 2035, which I have in- unfair to our soldiers and we should Wyoming: Does he agree with that?

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11099 Does he think that is a reasonable he will give me that assurance, I will cal year 2005 discretionary funding for such standard to ask the dietary supplement withdraw this amendment. I hope we programs, functions, and activities, and manufacturers to report truly adverse can work together from this point for- should remain unchanged each fiscal year thereafter. The annual level of mandatory events such as is required of the phar- ward. amount shall be adjusted according to the maceutical companies today? Mr. ENZI. I assure the Senator that formula specified in subsection (c). Mr. ENZI. I said before that I think we can work together, and it will be ‘‘(b) On the first day of each fiscal year, it is very important for us to come up put into the prioritization. It is al- the Secretary of the Treasury shall make with a piece of legislation that does ready in the prioritization of the com- available to the Secretary of Veterans Af- that on and off military bases, so there mittee. We are handling the emer- fairs the amount determined under sub- is a reporting of adverse events so that gencies first. section (c) with respect to that fiscal year. FDA can take action when it is affect- I apologize for the 2-week delay we Each such amount is available, without fiscal year limitation, for the programs, func- ing people, and have enough informa- had while we are working on Katrina. tions, and activities of the Veterans Health tion to be able to tell whether they are Staff is working on this one, along Administration, as specified in subsection acting properly or not. We do have an with the staff of the Senator from Illi- (d). There is hereby appropriated, out of any agency that is designed to do that. It is nois. We will do it. sums in the Treasury not otherwise appro- not the Department of Defense. Mr. DURBIN. Mr. President, at this priated, amounts necessary to implement Mr. DURBIN. If the Senator will point, I ask unanimous consent to this section. yield for another question, I agree with withdraw my amendment No. 2035. ‘‘(c)(1) The amount applicable to fiscal the Senator. This is not the way to ad- The PRESIDING OFFICER. Without year 2006 under this subsection is the amount equal to— dress it. I thought it was the only way objection, it is so ordered. ‘‘(A) 130 percent of the amount obligated to bring the subject up before the Sen- The Senator from Michigan. by the Department during fiscal year 2004 for ate. I wish to ask the Senator from Wy- Ms. STABENOW. Mr. President, be- the purposes specified in subsection (d), oming, whom I respect and I have fore my colleague and friend from Illi- minus worked with and we have been able to nois leaves the floor, I want to thank ‘‘(B) the amount appropriated for those work out some very serious difficulties him for his leadership on this very im- purposes for fiscal year 2005. in the past and I know he genuinely portant issue, in fact, for so many peo- ‘‘(2) The amount applicable to any fiscal wants to reach solutions, can the Sen- year after fiscal year 2006 under this sub- ple in our country. I also wish to thank section is the amount equal to the product of ator from Wyoming give me his assur- Senator ENZI for indicating his desire the following, minus the amount appro- ance that he will try to schedule hear- to make this a priority within his com- priated for the purposes specified for sub- ings in the consideration of this issue mittee. section (d) for fiscal year 2005: on a timely basis before his committee Mr. President, I ask unanimous con- ‘‘(A) The sum of— so that we can raise this issue in a sent to set aside the pending amend- ‘‘(i) the number of veterans enrolled in the thoughtful way and address it beyond ment. Department health care system under sec- the Department of Defense? The PRESIDING OFFICER. Without tion 1705 of this title as of July 1 preceding Mr. ENZI. I can give the Senator as- objection, it is so ordered. the beginning of such fiscal year; and ‘‘(ii) the number of persons eligible for surances that we will deal with this AMENDMENT NO. 1937 health care under chapter 17 of this title who issue. If you check with members of my Ms. STABENOW. Mr. President, I are not covered by clause (i) and who were committee, you will find that because call up my amendment which is at the provided hospital care or medical services of Katrina and pensions and all of the desk. under such chapter at any time during the health issues that we have now, and all The PRESIDING OFFICER. The fiscal year preceding such fiscal year. of the education, higher education and clerk will report. ‘‘(B) The per capita baseline amount, as increased from time to time pursuant to para- Head Start we are trying to work our The legislative clerk read as follows: way through, that we have gone to a graph (3)(B). The Senator from Michigan [Ms. ‘‘(3)(A) For purposes of paragraph (2)(B), system of roundtables instead that al- STABENOW], for herself, Mr. JOHNSON, Mr. the term ‘per capita baseline amount’ means lows us to bring in more people with THUNE, Mr. AKAKA, Mrs. MURRAY, Mr. DAY- the amount equal to— more information so we can learn more TON, Mr. NELSON of Florida, Mr. LAUTEN- ‘‘(i) the amount obligated by the Depart- from them in order to be able to deal BERG, Mr. SALAZAR, Mrs. LINCOLN, Mr. ment during fiscal year 2005 for the purposes with these issues in a knowledgeable CORZINE, Mr. BAUCUS, Ms. LANDRIEU, Mr. specified in subsection (d), divided by way. JEFFORDS, Mr. BAYH, and Mr. BINGAMAN, pro- ‘‘(ii) the number of veterans enrolled in the It has been working. I appreciate the poses an amendment numbered 1937. Department health care system under section 1705 of this title as of September 30, cooperation of Senator KENNEDY, who Ms. STABENOW. Mr. President, I ask unanimous consent that reading of the 2004. is ranking member on my committee, ‘‘(B) With respect to any fiscal year, the for this approach of being able to gath- amendment be dispensed with. Secretary shall provide a percentage in- er information so that we can do effec- The PRESIDING OFFICER. Without crease (rounded to the nearest dollar) in the tive legislation quicker. As the Senator objection, it is so ordered. per capita baseline amount equal to the per- probably noticed, we have a lot of bills The amendment is as follows: centage by which— which we are working on, and it is be- (Purpose: To ensure that future funding for ‘‘(i) the Consumer Price Index (all Urban cause we have gone through a mecha- health care for former members of the Consumers, United States City Average, Hos- nism where we are working in a very Armed Forces takes into account changes pital and related services, Seasonally Ad- justed), published by the Bureau of Labor bipartisan way to gather information. in population and inflation) At the appropriate place, insert the fol- Statistics of the Department of Labor for the This is a bill of some priority for us. 12-month period ending on the June 30 pre- Mr. DURBIN. If the Senator will fur- lowing: SEC. ll. (a) FUNDING FOR VETERANS ceding the beginning of the fiscal year for ther yield for a question, I salute the HEALTH CARE TO ADDRESS CHANGES IN POPU- which the increase is made, exceeds Senator. What he says is true. He has LATION AND INFLATION.—Chapter 3 of title 38, ‘‘(ii) such Consumer Price Index for the 12- done an excellent job in joining both United States Code, is amended by adding at month period preceding the 12-month period sides of the aisle with bipartisanship in the end the following new section: described in clause (i). finding solutions and getting things ‘‘(d)(1) Except as provided in paragraph (2), ‘‘§ 320. Funding for veterans health care to the purposes for which amounts made avail- done. I am sorry we can’t say that for address changes in population and infla- able pursuant to subsection (b) shall be all all of us in the Senate. We could prob- tion programs, functions, and activities of the ably learn a lot the way the Senator ‘‘(a) By the enactment of this section, Con- Veterans Health Administration. from Wyoming approaches it. I don’t gress and the President intend to ensure ac- ‘‘(2) Amounts made available pursuant to want to suggest that the Senator cess to health care for all veterans. Upon the subsection (b) are not available for— change his approach. If the Senator enactment of this section, funding for the ‘‘(A) construction, acquisition, or alter- from Wyoming will give me his assur- programs, functions, and activities of the ation of medical facilities as provided in sub- Veterans Health Administration specified in chapter I of chapter 81 of this title (other ance that this is a priority, that he will subsection (d) to accomplish this objective than for such repairs as were provided for be- try to bring it up before his committee shall be provided through a combination of fore the date of the enactment of this section in a timely way when appropriate, I discretionary and mandatory funds. The dis- through the Medical Care appropriation for understand he has other priorities, if cretionary amount should be equal to the fis- the Department); or

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11100 CONGRESSIONAL RECORD — SENATE October 5, 2005 ‘‘(B) grants under subchapter III of chapter necessary to provide quality health prove health care delivery for our Na- 81 of this title.’’. care in a timely manner to our Na- tion’s veterans. The task force found (b) CLERICAL AMENDMENT.—The table of tion’s disabled veterans. The historically there has been a gap be- sections at the beginning of such chapter is amended by adding at the end the following Stabenow-Johnson-Thune amendment tween the demand for VA care and the new item: provides guaranteed funding for Amer- resources to meet the needs of our vet- ‘‘320. Funding for veterans health care to ica’s veterans from two sources. erans. The task force also found that: address changes in population First, the legislation provides an an- The current mismatch is far greater . . . and inflation.’’. nual discretionary amount that will be and its impact potentially far more detri- locked in for future years at the 2005 mental both to the VA’s ability to furnish Ms. STABENOW. Mr. President, I ask high quality care and to the support that the unanimous consent that Senators MUR- funding level. Second, in the future, the VA receives a sum of mandatory system needs from those it serves. RAY, KERRY, KENNEDY, DAYTON, and The task force released its report in BIDEN be added as cosponsors of my funding that is adjusted year to year based on changes in demand from the May of 2003, well before we understood amendment. the impact of the men and women The PRESIDING OFFICER. Without VA health system and the rate of health care inflation. fighting in Iraq and Afghanistan and objection, it is so ordered. the impact that would have on our VA Ms. STABENOW. Mr. President, I This funding mechanism will ensure that the VA has the resources it needs system. rise to thank both the chairman and If the mismatch between demand and ranking member, Senator INOUYE, for to provide a steady and reliable stream of resources to care for America’s vet- resources was bad in May of 2003, imag- their leadership on this legislation. I ine what it is today. Over 360,000 brave am very supportive of the Defense ap- erans. It will also ensure that Congress will continue to be responsible for the soldiers have returned from Iraq and propriations bill. And I appreciate all Afghanistan, and over 86,000 have of the hard work and leadership they oversight of the VA health system as it does with other Federal programs fund- sought health care from the VA. There have brought to this point in this im- are an additional 740,000 military per- ed directly from the U.S. Treasury. portant legislation. sonnel who served in Iraq and Afghani- I come to the floor this evening to fix This amendment will bring funding for veterans health care into line with stan who are still in the service. This a broken promise to our veterans, a next generation of veterans will be eli- promise our country made to the men almost 90 percent of Federal health care spending which is mandatory gible for VA health care and will place and women who serve our country in additional demands on a system that is the armed services. They put their rather than discretionary. One of our greatest accomplishments as a nation already strained. These are promises lives on the line to protect us, as we we need to keep. is that every American knows when know, and in exchange we have a sa- In addition, each reservist and Na- they enter their golden years, when cred obligation to extend to them the tional Guard member who has served in honors and benefits and the health care they reach 65 or if they are disabled, Iraq is eligible for 2 years of free health benefits they have earned through they receive the health care they need. care at the VA. The administration has their service. Medicare is a universal and comprehen- in its own way admitted they do not I have met with men and women sive system that benefits a person for have sufficient resources to provide from Michigan and across the country their life’s work. Our veterans deserve adequate care for our veterans. While who are recovering at Walter Reed the same. We can do better for them by they would not until recently admit Army Medical Center, as many of my ensuring that their service is repaid there were shortfalls, they have for colleagues have. Some have suffered with reliable health care benefits. years attempted to ration care and cut I thank the cosponsors of this amend- minor injuries that will not have a dra- services at the expense of our veterans. ment for their support: Senators JOHN- matic impact on the rest of their lives. We can do better than that. Others though, because of their inju- SON, THUNE, AKAKA, DAYTON, NELSON, In 2003, the VA banned the enroll- ries, will need years of rehabilitation LAUTENBERG, SALAZAR, LINCOLN, ment of new priority 8 veterans. For and face considerable obstacles as they CORZINE, BAUCUS, LANDRIEU, JEFFORDS, the past 3 years, I fought attempts by return to their civilian lives. BAYH, BINGAMAN, MURRAY, KERRY, the administration to charge middle- We owe these men and women our KENNEDY, and BIDEN. income veterans a $250 enrollment fee continued support so that they can re- In July, I offered this amendment to to join the VA health care system and cover from their injuries and lead pro- the 2006 Defense authorization bill. Un- a 100-percent increase in prescription ductive lives. fortunately, the Defense authorization drug copays. This year, the administra- Today’s soldiers are tomorrow’s vet- bill was pulled from the Senate at that tion also proposed slashing Federal erans—and America has made a prom- time. While we are working out wheth- support for the State veterans homes ise to these brave men and women to er this will be included in this par- from $140 million to $12 million. The provide them the care they deserve. ticular bill, it is important to offer my head of the Grand Rapids Home for They deserve the respect and support amendment again at this time. The Veterans and the D.J. Jacobetti Home of a grateful nation when they return amendment has been endorsed by the For Veterans in Marquette tells me home. Partnership for Veterans Health Care these cuts would be devastating. We also owe it to the men and women Budget Reform, a group of major vet- The fiscal year 2005 and 2006 VA who have fought in America’s prior erans service organizations that has health care budgets are a case study in conflicts to maintain a place for them been working to provide a reliable why Congress should guarantee reliable in the VA system so they can receive stream of health care for America’s and adequate resources through direct the care they need, as well. We need to veterans over the last 2 years. It in- spending. keep our promise to our veterans, cludes the American Legion, the Last March, the President submitted young and old. AMVETS, the Blinded Veterans Asso- an inadequate fiscal year 2005 budget Together we can do better for our ciation, Disabled American Veterans, request for VA health care to Congress men and women who have served our Jewish War Veterans of the United that fell $3.2 billion short of the rec- country. We must consider the ongoing States, Paralyzed Veterans of America, ommendation of the independent budg- costs of medical care for America’s vet- and the Veterans of Foreign Wars, all et, an annual estimate of critical veterans as part of the continuing cost of of them together asking us to get this erans health care needs by the coali- our national defense. The long-term right for our veterans. tion of leading veterans organizations. legacy of the wars we fight today is the The problem we face today is that re- In fact, in February 2004, Anthony care of the men and women who have sources for veterans health care are Principi, then the Secretary of VA, tes- worn the uniform and are willing to falling behind demand. We have more tified before Congress that the request pay the ultimate price for their nation. veterans being created, more men and the President submitted to Congress Senator JOHNSON, Senator THUNE, women coming home from the wars. fell $1.2 billion short of the amount he and I are offering an amendment today Yet the funding is falling behind. had recommended. It then fell to Con- to provide full funding for VA health Shortly after coming into office, the gress to again increase the amount pro- care to ensure the VA has the resources President created the task force to im- vided to the VA for health care. The

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11101 final amount Congress provided to the patients, the VA has received on aver- they be considered en bloc, with Sen- VA for health care was $1.2 billion over age a 5-percent increase in appropria- ator CHAMBLISS’s amendment modified the President’s request, but it was still tions over the last 8 years. My amend- according to my submission. not enough to meet their immediate ment will fix this problem and ensure The PRESIDING OFFICER. Without needs. that each year we provide the funding objection, it is so ordered. The clerk In April of this year I cosponsored an necessary to care for our veterans in a will report. amendment with Senator MURRAY to timely manner that is separate from The assistant legislative clerk read the fiscal year 2005 supplemental ap- the uncertainty and the ups and downs as follows: propriations bill for Iraq and Afghani- of the congressional calendar. The Senator from Alaska [Mr. STEVENS], stan to provide $1.9 billion for veterans At last count, at least 86,000 men and for other Senators, proposes en bloc amend- medical care, especially for those sol- women have returned from Iraq and ments numbered 1914; 1972; 1962; 1979, as diers returning from Iraq and Afghani- have sought health care from the VA. modified; 1976; and 1945. stan. During the debate on the amend- We can safely assume that this number The amendments are as follows: ment we were again told that the will reach hundreds of thousands. This AMENDMENT NO. 1914 President’s budget was sufficient but, bill provides the resources our troops At the appropriate place insert the fol- in fact, on April 5, Secretary of Vet- need to prepare and defend our country lowing: erans Affairs Jim Nicholson sent a let- in Iraq. We must not forget about them SEC. . Of the amount appropriated in title ter to the Senate that said: when they return home and put on a III under the heading ‘‘OTHER PROCURE- I can assure you that the VA does not need veteran’s cap. We must ensure that we MENT, NAVY’’, up to $2,000,000 may be made supplemental funds for FY2005 to continue to keep our promises to them when they available for the Surface Sonar Dome Win- dow Program. provide timely, quality service that is al- come home as veterans. Let’s stop this ways our goal. up-and-down roller coaster of emer- AMENDMENT NO. 1972 I was proud to cosponsor an amend- gency spending measures, of budgets (Purpose: To make available $700,000 from ment in June, however, to provide an that do not match with need year to Research, Development, Test, and Evalua- additional $1.5 billion for veterans tion, Army for Medical Countermeasures year. We owe our veterans better than to Nerve Agents) health care because they finally admit- that. Together, we can do better than ted there was a gap in funding for this At the appropriate place, insert the fol- that. lowing: year. Finally, they admitted, in fact, I urge the support of my colleagues SEC. ll. Of the amount appropriated by the veterans health care system was for this very important amendment. title IV under the heading ‘‘RESEARCH, DE- not adequately funded this year. I was The PRESIDING OFFICER. The Sen- VELOPMENT, TEST, AND EVALUATION, ARMY’’, pleased we were able to add dollars ator from Alaska is recognized. up to $700,000 may be used for Medical Coun- under an emergency spending measure, Mr. STEVENS. Mr. President, I re- termeasures to Nerve Agents. to be able to fill the gap this year. gret to do this, but as we have exam- AMENDMENT NO. 1962 As it turned out, we received more ined this amendment of the Senator, (Purpose: To make available $5,000,000 from bad news from the administration on we find this requires this spending to Research, Development, Test, and Evalua- July 14, when the administration re- become a part of the mandatory proc- tion, Defense-Wide, for High Performance quested another $300 million for this ess of expenditures. It requires funds to Defense Manufacturing Technology Re- year and a whopping $1.7 billion for come out of the Treasury to implement search and Development) next year. The total shortfall for this this section, and in effect it becomes a At the appropriate place, insert the fol- year and next was nearly $3 billion, 3 matter that we believe is subject to a lowing: billion short of where we should be in point of order under section 302(f) of SEC. ll. Of the amount appropriated by title IV under the heading ‘‘RESEARCH, DE- adequately funding health care for our the Congressional Budget Act that pro- VELOPMENT, TEST, AND EVALUATION, DE- veterans. vides spending in excess of the sub- FENSE-WIDE’’, up to $5,000,000 may be used for At the end of July, I was pleased to committee’s 302(b) allocation under the High Performance Defense Manufacturing support the conference report for the fiscal year 2006 concurrent resolution Technology Research and Development. Interior appropriations which included of the budget. I make that point of AMENDMENT NO. 1979, AS MODIFIED the $1.5 billion this year that the Sen- order. (Purpose: To provide that, of the amount ate has twice unanimously supported. Ms. STABENOW. I move to waive the made available under title II for Operation Further, in September, I supported the applicable sections of the Congres- and Maintenance, Army, up to $600,000 may Senate’s Military Construction and sional Budget Act for the purpose of be made available for removal of Veterans Affairs appropriations bill considering my amendment, and I ask unexploded ordnance at Camp Wheeler, which provided a total of $33 billion for for the yeas and nays. Georgia) veterans health care. This is $1.1 bil- The PRESIDING OFFICER. Is there a On page 220, after line 25, add the fol- lion more than the administration re- sufficient second? lowing: quested and $2.5 billion more than the There is a sufficient second. SEC. 8116. Of the amount appropriated by House version of the legislation for vet- The yeas and nays were ordered. title II under the heading ‘‘OPERATION AND Mr. STEVENS. Mr. President, we will MAINTENANCE, ARMY’’, up to $600,000 may be erans health care. made available for removal of unexploded I tell this to make two points: First, have a request for votes to commence ordnance at Camp Wheeler, Georgia. at 7:30, but first I offer a managers’ it is clear that the demand for veterans AMENDMENT NO. 1976 health care is increasing, and a good package, as we call it, with modifications. (Purpose: To make available $4,000,000 from portion of this increase can be attrib- Research, Development Test, and Evalua- uted to men and women seeking care AMENDMENTS NOS. 1914; 1972; 1962; 1979, AS tion, Army, for the development of light- after they are returning from Iraq and MODIFIED; 1976; AND 1945, EN BLOC weight rigid-rod ammunition) Afghanistan. The second is to show de- Mr. President, I send to the desk, for At the appropriate place, insert the fol- spite the best intentions of the VA and Senator NELSON of Florida, amendment lowing: Congress, the VA does not have a reli- No. 1914, for surface sonar dome win- SEC. ll. Of the amount appropriated by able and dependable stream of funding dows; for Senator DODD, amendment title IV under the heading ‘‘RESEARCH, DE- to provide for veterans health care No. 1972, for countermeasures to nerve VELOPMENT, TEST, AND EVALUATION, ARMY’’, needs. We should not have to pass an agents; for Senator LIEBERMAN, amend- up to $4,000,000 may be used for the develop- emergency funding bill to give our vet- ment No. 1962, for defense manufac- ment of light-weight rigid-rod polyphenylene ammunition. erans the health care they need and de- turing technology; for Senator AMENDMENT NO. 1945 serve. CHAMBLISS, amendment No. 1979, as In 1993, there were about 2.5 million modified, for environmental cleanup; On page 220 after line 25, insert the following: Americans in the VA health care sys- for Senator LOTT, amendment No. 1976, SEC. ll. Of the amounts appropriated by tem. Today there are more than 7 mil- for lightweight ammunition; and for title VII under the heading ‘‘Intelligence lion veterans enrolled in the system, Senator ROBERTS, amendment No. 1945, Community Management Account’’, up to over half of which receive care on a for intelligence scholars. I send those $2,000,000 may be used for the Pat Roberts In- regular basis. Despite the increase in amendments to the desk and ask that telligence Scholars Program.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11102 CONGRESSIONAL RECORD — SENATE October 5, 2005 Mr. STEVENS. Mr. President, I urge Mr. STEVENS. We are working on a The PRESIDING OFFICER. Without adoption of the amendments. modification to Senator REED’s amend- objection, it is so ordered. The PRESIDING OFFICER. Is there ment. We then also have Senator Mr. STEVENS. Mr. President, I ask further debate on the amendments en MCCAIN’s amendment, which is amend- unanimous consent that following the bloc? If not, the question is on agreeing ment No. 1978. And we have Senator votes already scheduled at 7:30 today, to the amendments. GRAHAM’s amendment, which is 2004. the Senate proceed to vote in relation The amendments (Nos. 1914; 1972; I say to the Senator, are you pre- to the following amendments, in the 1962; 1979, as modified; 1976; and 1945) pared to accept that amendment now? order listed, provided no second-degree were agreed to. AMENDMENT NO. 2004 amendments be in order to the amend- Mr. STEVENS. I move to reconsider Mr. President, I ask unanimous con- ments prior to the votes: first is Sen- the vote. sent that Senator GRAHAM’s amend- ator MCCAIN’s amendment No. 1978; the Mr. INOUYE. I move to lay that moment No. 2004 be laid before the Senate next is Senator KERRY’s amendment tion on the table. so we might consider it. No. 2033, for which I made a motion to The motion to lay on the table was The PRESIDING OFFICER. Without table, and next is Senator STABENOW’s agreed to. objection, it is so ordered. It is pend- amendment No. 1937, which is a motion AMENDMENT NO. 1979 ing. to waive my point of order; provided Mr. CHAMBLIS. Mr. President, I rise Mr. STEVENS. Mr. President, I with- that there be 2 minutes equally divided today in support of my amendment, draw that request. prior to the debate on each of the No. 1979, as modified, to H.R. 2863. AMENDMENT NO. 2033 above ordered votes. And I ask unani- Camp Wheeler, near Macon, GA, was Mr. President, is it in order for me, mous consent that for the votes that a World War II Army facility which has as manager of the bill, to move to table start at 7:30, the first vote be the reg- a proud history of training American Senator KERRY’s amendment No. 2033 ular number of minutes—20 minutes, I soldiers. Unfortunately, and like many at this time? believe—and that following that—we formerly used defense sites in the The PRESIDING OFFICER. The have six in the order—the five remain- United States, there is unexploded ord- amendment is not presently pending. ing votes be limited to 10 minutes each. nance on the former Camp Wheeler site The Senator may ask for the regular The PRESIDING OFFICER. Without that, today, threatens the safety of order with respect to the amendment. objection, it is so ordered. people who live in the vicinity. This Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I suggest the absence amendment would earmark $600,000 to for the regular order with respect to of a quorum. clean up Camp Wheeler. that amendment. The PRESIDING OFFICER. The The unexploded ordnance at Camp The PRESIDING OFFICER. The clerk will call the roll. Wheeler was found during an inspec- amendment is now pending. The assistant legislative clerk pro- tion sponsored by the Savannah Dis- Mr. STEVENS. Mr. President, I move ceeded to call the roll. trict of the U.S. Army Corps of Engi- to table Senator KERRY’s amendment Mr. OBAMA. Mr. President, I ask neers. The Corps has indicated that which deals with LIHEAP and ask for unanimous consent that the order for cleanup of Ordnance Operable Unit No. the yeas and nays. the quorum call be rescinded. 1 at Camp Wheeler, which is in a neigh- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without borhood in Twiggs County, GA, is the sufficient second? objection, it is so ordered. No. 1 munitions cleanup program in There appears to be. Mr. OBAMA. Mr. President, my un- the State of Georgia. The yeas and nays were ordered. derstanding is that Senator SESSIONS is I have worked with the Corps over Mr. STEVENS. Mr. President, I ask going to speak for approximately 10 the past several months on this unanimous consent that be put into minutes. I ask unanimous consent to project, and my staff has received the schedule to be developed by the speak as soon as he is finished. briefings and updates from the Corps leadership as to the time at which that The PRESIDING OFFICER. Without on a regular basis. vote will occur. objection, it is so ordered. Since filing my amendment, the The PRESIDING OFFICER. Without The Senator from Alabama is recog- Corps has announced that $1.5 million objection, it is so ordered. nized. in fiscal year 2005 funds will be used to Mr. STEVENS. Mr. President, as to Mr. SESSIONS. Mr. President, I see conduct cleanup at Camp Wheeler. Ad- the amendment offered by Ms. the chairman. I suppose we are ready ditionally, the Corps of Engineers has STABENOW, I have made the point of to go forward. Does the chairman have assured me that there are funds avail- order. At what time would that vote anything he needs to say at this time? able in their budget to work toward occur? Mr. STEVENS. I say to the Senator, completion of cleanup of Ordnance Op- The PRESIDING OFFICER. The time Mr. President, if I may respond to his erable Unit No. 1 at Camp Wheeler in for the vote has not yet been sched- question, we are waiting for Senator the fiscal year 2006 budget. uled. BYRD to make a statement. But he is This amendment will ensure that the Mr. STEVENS. Would it be all right not ready at this time, so the Senator necessary funds are spent on this with the Senator if we ask for it to be may proceed. He should be ready in project and that the Camp Wheeler scheduled according to the leadership about 5 or 10 minutes. cleanup is completed as the Corps of in this process this evening? The PRESIDING OFFICER. The Sen- Engineers has promised. Ms. STABENOW. Yes. That is fine. ator from Alabama is recognized. I ask my colleagues to support the Mr. STEVENS. Mr. President, I ask Mr. SESSIONS. I thank the Chair. amendment. unanimous consent that amendment be Mr. President, we in this country Mr. STEVENS. Mr. President, it is added to the list for a vote this have the highest standards of conduct my understanding that at 7:30 we will evening. in our legal system, and our military start with the vote on Senator WAR- The PRESIDING OFFICER. Without has the highest standards of behavior NER’s submission of the Defense au- objection, it is so ordered. as they deal with prisoners with whom thorization bill as an amendment. Is Mr. STEVENS. Mr. President, I yield they come in contact. that correct? the floor to the Senator from West Vir- Have problems occurred? Yes, they The PRESIDING OFFICER. The Sen- ginia. have. Has that occurred in every war ator is correct. I suggest the absence of a quorum we have ever been involved in, that any Mr. STEVENS. We already have an first. nation has ever been involved in? Un- agreement to have 3 minutes on each The PRESIDING OFFICER. The fortunately so. side on that amendment, Senator clerk will call the roll. But I want to take a few minutes now BAYH’s amendment No. 1933, and Sen- The assistant legislative clerk pro- to express my deep feeling that we do ator MCCAIN’s amendment No. 1977, is ceeded to call the roll. not have a program of systematic that correct? Mr. STEVENS. Mr. President, I ask abuse of prisoners going on by our U.S. The PRESIDING OFFICER. The Sen- unanimous consent that the order for military; that they are maintaining ator is correct. the quorum call be rescinded. the discipline of our troops; and that

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If they army has ever had in the history of the President of the United States before saw what was going on, there would be hell world. Our military has taken discipli- the election. to pay. nary action time and time and time We had one Senator, whose name is I will say right now, every one of again if anybody violates those stand- known all over the world, say: these Senators who has been com- ards. ‘‘Saddam’s torture chambers reopened plaining that this misbehavior in the We should all remember that event under new management, U.S. manage- prison was a direct result of some sort that made a good bit of news when a ment.’’ of approved interrogation techniques fine Army colonel was in a combat area I submit that was a slander on our by the Secretary of Defense or the taking fire and captured an enemy, and troops and our soldiers who are in President or the Department of Jus- to save the lives of his troops, as his harm’s way because we sent them tice, and they were overruling JAG of- soldiers later testified, he fired a gun there. We asked them to go there to de- ficers somewhere in doing these things, beside the head of a captured prisoner fend the legitimate national interests is not so. in order to frighten him and see if he of our country. We put them at risk, I was a prosecutor for quite a long would provide information that might and when we say things about them time. I am telling you, when you have be of value in saving the lives of the that are not true, to suggest to the somebody being prosecuted and you are accusing them of a crime—I know the American soldiers he commanded. He world that we have systemic abuse in chairman has been a prosecutor—and was kicked out of the Army for it. The our military. Those charges place them they have an excuse or defense, don’t news media did not discover this occur- at greater risk. It makes it harder for they say it? They say: It wasn’t my rence. The military did and acted upon us to negotiate peace treaties with peo- fault; they told me to do it; I was fol- it. ple who are suspicious of us. They be- lowing orders. These people did not say We all heard about Abu Ghraib, and lieve these things. that. They took their medicine, they the sick and unacceptable behavior When we have Members of the House were tried and convicted or pled guilty, that went on in that prison. But I re- and the Senate and political leaders in and many are serving a very long sen- member distinctly that within one day our country making irresponsible and of the information being brought to the tence in jail for that misbehavior. unfounded charges against the mili- It embarrassed the soldiers. I had sol- commanders of our soldiers in Iraq, an tary, that they are systematically diers tell me: This is an embarrassment investigation was commenced. Within 3 abusing prisoners, it is wrong. It ought to me. We worked our hearts out to days, they had made a public an- to stop, and I feel strongly about that. make Iraq a better place, and this was nouncement to the world that there Oh, we remember those comments, an embarrassment to us. It undermined had been allegations of abuse in Abu when all the pictures of the abuses our ability to do our job. Ghraib and that an investigation was were leaked and were made available. They were angry with these people ongoing. And it was months—2 or 3 They said higher-ups were involved, it who misbehaved. They were glad to see months—later that these pictures came went all the way to the Secretary of them prosecuted. It galls me that we out. Defense, and that these people were have people suggesting this was the Why do I say that? I say that because using interrogation techniques accord- policy of our Army. It is not correct. the military took the allegations seri- ing to some memo written somewhere, We had the complaints about Guan- ously from the beginning. They were and that it was all part of poor leader- tanamo Bay, that there were system- not reacting to the release of pictures ship and mismanagement, and our atic abuses going on down there. By that embarrassed them. Rather, they military discipline was not being main- the way, we have had over 25 hearings immediately initiated the investiga- tained. in this Senate and in the House dealing tion about what happened on this mid- Remember those comments? It could with prisoner abuse. We have had more night shift by these soldiers who lost not be just the lower-ranking soldiers; hearings on this issue than we have had discipline in Abu Ghraib and abused ‘‘why don’t you prosecute the higher on how to win the war. In addition to prisoners in a way that is unacceptable ups?’’ We heard Senators saying that that, there have been 10 major reviews, to us. time and again. assessments, inspections, and inves- Those guards, have all been tried and It just was not so. This is what the tigations. I mean major reviews. We convicted. The Wall Street Journal, Wall Street Journal article said. They had those generals and admirals who just a couple of days ago, published an quote the judge when PFC Lynndie conducted the reviews before our com- op-ed entitled ‘‘The ‘Torture Narrative’ England was before the court. The mittees. We interviewed them, and we Unravels.’’ It noted that the trial and judge asked her this: ‘‘You feel that by made them explain their reports. Mr. conviction of PFC Lynndie England, doing these things you were setting President, 16,000 pages of documents who was sentenced as the ‘‘leash girl’’ conditions for interrogations?’’ have been delivered to the Congress, for her activities there, ‘‘was relegated Remember that allegation, that the and 1,700 different interviews were con- to the innards of newspapers.’’ That did abuses of these prisoners were carried ducted. Detentions, operations, en- not make any big news—the Army’s out to set them up, to prime them to hancement, oversight training—all professional, proper response to a lack be interrogated by the Army interroga- those issues were brought up. There are of discipline. tors or other interrogators, and that 390 criminal investigations completed The op-ed goes on to note that ‘‘by this was part of a systemic plan to or ongoing. one of the greatest leaps of logic ever soften up the prisoners so they could be People who are responsible for mis- seriously entertained in our national interrogated? So the judge asked her behavior are being held to account. If I discourse, those memos’’—that were under oath—she could use this as a de- thought our military was not respond- written by the Department of Justice fense: ing well, I would be very concerned. I in analyzing what the President’s prop- You feel that by doing these things you have seen law officers involved with a er powers were with regard to the de- were setting conditions for interrogations? bad criminal, and that person runs and taining of enemy soldiers, who are not Her answer: they chase him and have to wrestle lawful combatants—that it was ‘‘one of him down. They are so pumped up No, sir. the greatest leaps of logic ever seri- sometimes they do more to that person ously entertained in our national dis- So the judge responded: they have apprehended than they course’’ to say that memos as part of a So this was just a way to embarrass them? should. Maybe they beat them. You discussion in the Department of Jus- Referring to the prisoners. have to contain the felon, but some- tice of the United States had anything And she replied: times you go too far. I have seen abuse

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As a lawyer, I am troubled member of the 82nd Airborne, was high- is easy for us to talk about what it is by that. I don’t think this is a nec- ly decorated, and had the courage to like being out in combat, having your essary action. I don’t intend to vote for come forward because of his deep-seat- life at risk. Some of us might lose some the amendment for that reason and a ed dedication to this Nation and his de- of our discipline, too. We don’t excuse number of other complex reasons. sire to see that we do the right thing in it. We understand it. I thank the Chair and yield the floor. the treatment of prisoners of war. The activities at Guantanamo have The PRESIDING OFFICER. The He says very eloquently: been proven to involve only two or Chair informs the Senator from Alaska . . . Do we sacrifice our ideals in order to three incidents that have been indefen- that we had a unanimous consent re- preserve security? Terrorism inspires fear sible, and action has been taken con- quest that was agreed to that the Sen- and suppresses ideals like freedom and indi- cerning those. ator from Illinois would be recognized. vidual rights. Overcoming the fear posed by Also, we have had tremendous evi- Does the Senator from Alaska have a terrorist threats is a tremendous test of our dence of how good the conditions are request other than the previous regular courage . . . there, how well they are being fed, order? Captain Fishback is a noble, brave their full rights to conduct their reli- Mr. STEVENS. I was not on the floor, young American. He does not deserve gious expression openly and freely, and apparently, when that occurred. We to be disparaged on the Senate floor by the other things that have gone on. had previously indicated the Senator any Senator, and the Senator from Now we have a letter pop up from a from West Virginia would be recog- Alabama owes him an abject and deep Captain Fishback who has made allega- nized. May I inquire from the Senator apology. tions concerning the 82nd Airborne. I from Illinois how much time he would I yield back the remainder of my don’t know the full details of it. I will like? time. quote a small portion. We heard all Mr. OBAMA. Mr. President, I request The PRESIDING OFFICER. The Sen- these complaints that say that he has 7 or 8 minutes, but as my esteemed col- ator from West Virginia is recognized. submitted proof of systemic abuses in league from West Virginia knows, I am AMENDMENT NO. 1955 the prisons. This is a New York Times happy to defer to him if we do not have Mr. BYRD. Mr. President, the Senate article, and the New York Times has enough time before the vote. will vote within the next few minutes made a full-time effort to try to root Mr. STEVENS. Mr. President, I ask on a procedural motion relating to the out and expose and publicize any mis- unanimous consent that the Senator amendment offered by Senator WARNER behavior that has occurred there. They from Illinois be recognized for not to and Senator LEVIN. This amendment have gone too far, sometimes, in my exceed 10 minutes and then the Senator proposes to add much of the Defense opinion. But this is what the New York from West Virginia be recognized for authorization bill to the Defense appro- Times says: not to exceed 15 minutes, and then I be priations bill. The Defense authoriza- Captain Fishback said he had seen at least recognized following the Senator from tion bill is most complex legislation. one interrogation where prisoners were being West Virginia. The bill deals with a broad array of abused. The PRESIDING OFFICER. Without policy matters, ranging from providing I don’t know what ‘‘abused’’ means. I objection, it is so ordered. for increased pay and benefits for our am a former prosecutor. What does The Senator from Illinois is recog- troops to changing laws relating to nu- ‘‘abused’’ mean? Did they shake him? nized. clear nonproliferation programs to au- Did they respond to being spit on by (The remarks of Mr. OBAMA per- thorizing military construction prisoners, as many of our guards have taining to the introdution of S. 1821 are projects and so on. been? Did they injure him in some located in today’s RECORD under The committee report that accom- way? I think if they were beaten, he ‘‘Statements on Introduced Bills and panies this bill is 494 pages in length. It would have said they were beaten. He Joint Resolutions,’’) is legislation that deserves close scru- didn’t say that. He used a far more gen- The PRESIDING OFFICER (Mr. tiny, full and open debate, and an op- eral term, that they were ‘‘abused.’’ THUNE). The Senator from Arizona is portunity to freely amend. If this mo- Then he goes on to say that he was recognized but should be aware of the tion carries and the amendment is told about other ill-treatment of de- unanimous consent agreement. adopted, the Senate will only have a tainees by his sergeant. ‘‘Ill-treat- Mr. MCCAIN. I understand. I rise in bobtailed debate of just a few hours on ment,’’ what is that? He didn’t say an attempt to modify the unanimous this very important bill. they were beaten, shot, killed, wound- consent agreement, with the agree- I am a member of the Senate Armed ed, or tortured. ment of the Senator from West Vir- Services Committee as well as the Ap- An investigation is being undertaken ginia. propriations Committee. I attended a of these allegations. It is odd, though, The PRESIDING OFFICER. Without portion of the markup of the Defense when asked to name the sergeants and objection, it is so ordered. The Senator authorization bill which lasted several the people who conducted the activity is recognized. full days. Senator WARNER and Senator so they could follow up and investigate Mr. MCCAIN. Mr. President, I ask LEVIN conducted the markup in an ex- and make sure people who did wrong unanimous consent to be recognized for emplary bipartisan manner, and I com- were disciplined, Captain Fishback re- not longer than 4 minutes, to be imme- mend them for their outstanding ef- fused to disclose the names of the ser- diately followed by the Senator from forts. They are always fair and very geants, one who left the Army and the West Virginia. considerate of others and always cour- other who has been reassigned because The PRESIDING OFFICER. Without teous to every other Senator. he did not want to reveal his identity. objection, it is so ordered. The bill was reported from the com- It is hard for the Army to investigate Mr. MCCAIN. Mr. President, I have mittee on May 12 of this year, and it if the guy making the complaint, tell- had to come to this Chamber many was brought to the floor on July 20. ing Human Rights Watch and the New times and have had the privilege of For reasons which have been widely York Times all these points, will not doing so since 1987 when I entered this discussed, the Defense authorization tell the Army what actually occurred. body. I never thought I would have to bill was pulled from the floor on July I am dubious, for complex technical come to the Senate floor to defend the 27, after only five votes on amendments reasons, of the amendment that has integrity and the reputation of a brave to the bill. The Senate could have fin- been offered today and which we will young American who has put his life on ished consideration of the Defense au- vote on later tonight because I am not the line for his country defending the thorization bill within a matter of 2 or sure it makes good legal sense to have freedom of Afghan and Iraqi people. 3 days or perhaps a week, if necessary,

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They are both this Senate, will not have had an op- to receive votes on their amendments. important bills, and they should be portunity to fully debate, to answer That is not the way the Senate ought considered separately. questions, to ask questions, and to to operate. That is not the way the The Defense authorization bill should amend freely. Senate used to operate. We used to be brought to the floor of the Senate What is happening to the Senate? have full and open debates on this for debate and amendment as a free- What is happening to the Senate, I floor, take a week perhaps or 2 weeks standing bill, not as a massive rider to ask? What is happening to freedom of on a bill this size. As I have stated, another bill, the appropriations bill. debate in the Senate? What is hap- here is the history of this important There ought to be a debate about the pening to an orderly process, the legis- legislation. important matters addressed by the lative process by which the elected rep- The matter before the Senate is Defense authorization bill. Let there be resentatives of the people in the Senate whether to allow the Defense author- amendments and let there be votes have a full opportunity to debate, to ization bill to be added to the Defense about such important matters as ask questions? appropriations bill as an amendment. health care benefits for National Woodrow Wilson said the informing What a way for the Senate to operate. Guardsmen and about the war in Iraq. aspect was as important as the legis- What a way to conduct this important The immediate question before the lating aspect of the Senate, the inform- business of the people. This is not the Senate is procedural in nature, but the ing aspect. And debate brings out infor- way the Senate is supposed to conduct heart of the matter is whether the Sen- mation that the American people need its business. This is a forum for free, ate will allow parliamentary maneu- and that they are entitled to. open, and unlimited debate. This is vers to conduct an end run around how So what is happening to this Senate? how the Senate is so different from important legislation should be consid- I think all Senators should stop and other upper bodies throughout the ered on the floor of the Senate. think about this question. Those of us world today. This is why the Senate is If the Defense authorization bill is who have been here many years have such an incredibly powerful and impor- attached to the Defense Appropriations seen the Senate when it was somewhat tant forum of free debate, open debate, Committee bill, these important and different than it is today. There was unlimited debate, the full airing of leg- controversial matters will not have a time to debate. We just weren’t in ses- islation, time to ask questions, time to full hearing on the floor of the Senate. sion 3 days a week and then gone; in 3 answer questions, time to explain, ex- Instead, any changes that may be made days a week, out 4 days a week, and the plore, deliberate, and time to offer to the Defense authorization bill will 3 days a week often begin with a vote, amendments. What a travesty. only occur behind closed doors in a which is kind of a bed-check vote at 6 The Senate is an institution sui ge- large, unwieldy conference committee. o’clock in the evening on Tuesday. So neris, one of its kind in this country, a That is not the right place for debate you have, really, nothing on Tuesday forum where there can be free, open, on these important issues. These issues but a bed-check vote anymore, and unlimited debate, freedom of debate, should first be debated on the floor of then Wednesday and Thursday. What a freedom of speech. So the Senate is an the Senate as they were on the floor of shame. institution where freedom of speech, the House many months ago, but even What is happening to the Senate? freedom of debate, and the freedom to more so because this is the forum for What is happening to this forum, this amend reign. free speech—freedom of debate. The forum of freedom of debate, freedom of Attaching such a massive bill, the Senate should not be cutting corners speech, freedom to amend—what is Defense authorization bill, to another on the legislative process because what happening to this Senate, and why? important bill, the Defense appropria- ends up being cut out is the freedom of I am sorry that the Senate is going tions bill, will mean that the Senate speech, freedom of debate, and freedom in this direction. What is happening? will never have an opportunity to focus to amend. This institution has built its distin- its undivided attention on the impor- It is also worth noting that the guished reputation, its distinguished tant matters of the Defense authoriza- amendment now pending does not en- character on the principle of freedom tion bill. This is a travesty on freedom compass all of the provisions of the De- to debate—freedom of debate, freedom of debate. It is a travesty that strikes fense authorization bill. The sections of speech, freedom to amend. at the heart of the Senate: freedom of of the bill that relate to military con- Mr. President, I ask unanimous con- speech, freedom of debate, and freedom struction projects and nuclear weapons sent that I may proceed for another 5 to amend. issues have been left out. Those are minutes? Freedom of speech has its roots bur- very important matters, considering Mr. STEVENS. Mr. President, I ied in antiquity. Henry the Fourth in the base closure round that occurred would say to the Senator, we are sched- 1407 said that the members of commons this year and the multitude of impor- uled to start at 7:30, and 6 minutes be- would have freedom of speech. They tant matters relating to the thousands fore that was equally divided between could say whatever was on their minds of nuclear weapons that the United the Senator from Virginia and myself. about the king, if necessary. Freedom States still possesses. So the Senator has probably about 3 of speech, there it was in the English What would happen to these provi- minutes that he could proceed. Declaration of Rights, February 3, 1689. sions of the Defense authorization bill? Mr. BYRD. Yes, if I could have 3 And there it was, in the English Bill of Would they be left in limbo or would more minutes. Rights, placed there on December 6, they be slipped into a conference report Mr. STEVENS. Three more minutes 1689: Freedom of speech. The freedom in the dark of night, never to receive to the Senator. of commons to speak on any subject, any debate on the floor of the Senate? The PRESIDING OFFICER. Without not to be questioned elsewhere in the That is the wrong way to go. objection, it is so ordered. English House of Commons, and that I have very great affection for Sen- Mr. BYRD. But the Senate has begun freedom of speech is enshrined in the ator WARNER and Senator LEVIN. I to fall short on those important con- American Constitution. serve on their committee, the Com- stitutional principles. We have just a Here we are putting a limitation and mittee on Armed Services. They are handful of votes each week and then we are self-imposing it—on ourselves. I knowledgeable and able leaders of the the rush is on to get out that door, out am a member of both the Armed Serv- Armed Services Committee. But I op- that door, out this door here—get out. ices Committee and the Appropriations pose this effort to attach the Defense The rush is on to wrap up business on Committee, and I believe there is a authorization bill to the Defense Ap- an artificial timetable. great importance to allowing the Sen- propriations Committee bill. It is the So what has happened to the Senate? ate to consider the authorization bill wrong way to go, the wrong thing to The American people need to know.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11106 CONGRESSIONAL RECORD — SENATE October 5, 2005 Why can’t the Senate take the time for this was a basis for a charge, as the VELOPMENT, TEST, AND EVALUATION, ARMY’’, important debates on the important newspapers were making and others up to $1,000,000 may be used for Combat Vehi- issues before our Nation. Our troops were, that there was systematic abuse cle and Automotive Technology are at war in Iraq and Afghanistan. of prisoners—which I do not believe to (PE#0602601A) for the Multipurpose Utility Vehicle. They are doing an outstanding service be the case. for our country. The Senate ought to I did note that, when asked to name AMENDMENT NO. 1986, AS MODIFIED give its undivided attention to each of the individual sergeants who admitted (Purpose: Of the amounts provided for the the bills that relate to our troops. If they had been misbehaving or that bad Navy for research, development, test, and evaluation, up to $3,000,000 may be avail- the members of the National Guard are activities had occurred, he refused to able for land attack technology for the able to put their lives on hold to go give those names. Millennium Gun System) fight for our country overseas, then the If something is in error about that— At the appropriate place, insert the fol- Senate ought to be able to surely spare I simply quoted from the New York lowing: whatever time it takes to debate the Times—I would be pleased to apologize. Of the amount appropriated by this title Defense appropriations bill and the De- But I think those in this Senate who under the heading ‘‘RESEARCH, DEVELOP- fense authorization bill as freestanding have accused the up-and-down mem- MENT, TEST AND EVALUATION, NAVY’’, up to measures. America deserves that. Our bers of the chain of command of the $3,000,000 may be available for land attack troops deserve that. U.S. Army, the U.S. Marines, and De- technology for the Millennium Gun System. The Defense authorization bill ought partment of Defense of promoting poli- AMENDMENT NO. 2028 to be brought up as a freestanding cies to abuse prisoners, they ought to (Purpose: To make available $2,000,000 from measure so that the Senate may work think about whether they should Research, Development, Test, and Evalua- its will on that legislation. It should be apologize. I believe that accusation is tion for the Army for Moldable Armor) open to debate and amendment. That is false. At the appropriate place, insert the fol- why I oppose the motion on the defense I thank the chairman and I yield the lowing: SEC. . Of the amount appropriated by of germaneness for the Warner-Levin floor. ll title IV under the heading ‘‘RESEARCH, DE- amendment. The Senate should not cut The PRESIDING OFFICER. The Sen- VELOPMENT, TEST, AND EVALUATION, ARMY’’, corners on the legislative process. ator from Alaska. up to $2,000,000 may be used for Moldable Therefore, I shall vote no on the mo- AMENDMENTS NOS. 2002; 1986, AS MODIFIED; 2028; Armor. tion on the defense of germaneness, 1906, AS MODIFIED; 1899, AS MODIFIED; AND 2008, AMENDMENT NO. 1906, AS MODIFIED and I urge my colleagues to join me in EN BLOC (Purpose: To provide for the establishment of voting no. Mr. STEVENS. Mr. President, I have a pilot project to create a civilian lan- Let’s stand up for freedom of speech managers’ package No. 3 before the guage reserve corps in order to improve na- in this Senate, freedom of debate, free- Senate. This includes a Grassley tional security by increasing the avail- dom to offer amendments. Let’s do amendment No. 2002 for the multipur- ability of translation services and related right by the American people. pose utility vehicle; a Voinovich duties) I yield the floor. amendment No. 1986 for the Millen- At the appropriate place, insert the fol- The PRESIDING OFFICER. The Sen- nium Gun System, as modified; a lowing: ator from Alaska. Graham amendment No. 2028 for SEC. ll. PILOT PROJECT FOR CIVILIAN LIN- Mr. STEVENS. Mr. President, I moldable armor; a Feingold amend- GUIST RESERVE CORPS. (a) IN GENERAL.—The Secretary of Defense, thought I had a unanimous consent to ment No. 1906 for civilian linguists, do a series of modifications in the man- acting through the Chairman of the National which contains a modification; an Security Education Board, shall, during the agers’ package. I ask unanimous con- Akaka amendment No. 1899, transition 3-year period beginning on the date of enact- sent I be able to proceed now for 10 assistance programs, which contains a ment of this Act, carry out a pilot program minutes, to take care of this managers’ modification; and a Cantwell amend- to establish a civilian linguist reserve corps, package? ment No. 2008 for infrared counter- comprised of United States citizens with ad- The PRESIDING OFFICER. Is there measures improvement. vanced levels of proficiency in foreign lan- objection? I ask the Chair lay those amend- guages, who would be available, upon request Mr. SESSIONS. Mr. President, I ask ments before the Senate for consider- from the President, to perform translation if I might be given, as a matter of per- and other services or duties with respect for- ation en bloc. eign languages for the Federal Government. sonal privilege, 2 minutes to respond to The PRESIDING OFFICER. Without (b) IMPLEMENTATION.—In establishing the the statement of Senator MCCAIN? objection, the Senate will proceed to Civilian Linguist Reserve Corps, the Sec- The PRESIDING OFFICER. Is there the amendments en bloc. retary, after reviewing the findings and rec- objection? Does the Senator from Alas- Mr. STEVENS. I ask for their consid- ommendations contained in the report re- ka so modify his request? eration, please. quired under section 325 of the Intelligence Mr. STEVENS. With the under- The PRESIDING OFFICER. Is there Authorization Act for Fiscal Year 2003 (Pub- standing that the Senator has 2 min- further debate? lic Law 107–306; 116 Stat. 2393), shall— (1) identify several foreign languages in utes, I then have 10 minutes, and then Mr. MCCAIN. Reserving the right to the 6 minutes starts before the 7:30 which proficiency by United States citizens object, I will not object. I do not know is critical for the national security interests vote. if I have seen that amendment. of the United States and the relative impor- The PRESIDING OFFICER. Is there Mr. STEVENS. I thought the Senator tance of such proficiency in each such lan- objection? Without objection, it is so had. guage; ordered. The Senator from Alabama. Mr. MCCAIN. I do not object. I think (2) identify United States citizens with ad- Mr. SESSIONS. Mr. President, the we have already seen that. Thank you. vanced levels of proficiency in each foreign Senator from Arizona has asked that I Mr. STEVENS. I ask unanimous con- language identified under paragraph (1) who would be available to perform the services apologize for disparaging Captain sent that the amendments be agreed Fishback in my earlier remarks. I do and duties referred to in subsection (a); to. (3) cooperate with other Federal agencies not believe I did so in any way. The The PRESIDING OFFICER. Without with national security responsibilities to im- Captain has a distinguished record in objection, it is so ordered. plement a procedure for securing the per- the military. Nobody questions that. The amendments were agreed to en formance of the services and duties referred I did note, however, that his allega- bloc, as follows: to in subsection (a) by the citizens identified tions contained in the New York Times under paragraph (2); and AMENDMENT NO. 2002 article said that he had: (4) invite individuals identified under para- (Purpose: To make available $1,000,000 from graph (2) to participate in the civilian lin- . . . seen at least one interrogation where Research, Development, Test, and Evalua- prisoners were being abused and was told guist reserve corps. tion for the Army for the Multipurpose (c) CONTRACT AUTHORITY.—In establishing about other ill treatment of detainees by his Utility Vehicle) sergeants. the civilian linguist reserve corps, the Sec- At the appropriate place, insert the fol- retary may enter into contracts with appro- In my statement I simply raised the lowing: priate agencies or entities. question of what ‘‘abuse’’ meant pre- SEC. ll. Of the amount appropriated by (d) FEASIBILITY STUDY.—During the course cisely, and whether, by implication, if title IV under the heading ‘‘RESEARCH, DE- of the pilot program established under this

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section, the Secretary shall conduct a study AMENDMENTS NOS. 1989, AS MODIFIED; 1911, AS AMENDMENT NO. 2027, AS MODIFIED of the best practices to be utilized in estab- MODIFIED; 2027, AS MODIFIED; 2010; 1947, AS (Purpose: To provide that, of the amount lishing the civilian linguist reserve corps, in- MODIFIED; 2030, AS MODIFIED, AND 2012, EN made available under title IV for the Navy cluding practices regarding— BLOC for research, development, test, and eval- (1) administrative structure; Mr. STEVENS. I also have before the uation, up to $1,000,000 may be made avail- (2) languages that will be available; Senate a managers’ package No. 4. Has able for Marine Corps assault vehicles for (3) the number of language specialists the Senator from Arizona seen this? development of carbon fabric-based fric- needed for each language; tion materials to optimize the cross-drive This contains Senator ALLEN’s amend- (4) the Federal agencies that may need lan- transmission brake system of the Expedi- guage services; ment, No. 1989, for operational gasifi- tionary Fighting Vehicle) (5) compensation and other operating cation with a modification; Senator On page 220, after line 25, add the fol- costs; SNOWE’s amendment, No. 1911, for New lowing: (6) certification standards and procedures; England manufacturing with a modi- SEC. 8116. Of the amount appropriated by (7) security clearances; fication; Senator KERRY’s amendment, title IV under the heading ‘‘RESEARCH, DE- (8) skill maintenance and training; and No. 2027, for expeditionary fighting ve- VELOPMENT, TEST AND EVALUATION, NAVY’’, (9) the use of private contractors to supply hicle, with a modification; Senator up to $1,000,000 may be made available for language specialists. Marine Corps assault vehicles for develop- (e) REPORTS.— REED of Rhode Island, No. 2010, for ment of carbon fabric-based friction mate- (1) EVALUATION REPORTS.— shipboard automated reconstruction; rials to optimize the cross-drive trans- (A) IN GENERAL.—Not later than 1 year Senator CORNYN, No. 1947, for activated mission brake system of the Expeditionary after the date of enactment of this Act, and factor VII, as modified; Senator TAL- Fighting Vehicle. annually thereafter for the next 2 years, the ENT, No. 2030, on the C–17, as modified. Secretary shall submit to Congress an eval- AMENDMENT NO. 2010 uation report on the pilot project conducted I ask unanimous consent that those (Purpose: To make available $2,000,000 from under this section. amendments be considered en bloc as Research, Development, Test, and Evalua- (B) CONTENTS.—Each report under subpara- presented to the Senate. tion for the Navy for the Shipboard Auto- graph (A) shall contain information on the The PRESIDING OFFICER. Without mated Reconstruction Capability) operation of the pilot project, the success of objection, the Senate will proceed to At the appropriate place, insert the fol- the pilot project in carrying out the objec- consider them en bloc. lowing: tives of the establishment of a civilian lin- Mr. STEVENS. Mr. President, I failed SEC. ll. Of the amount appropriated by guist reserve corps, and recommendations title IV under the heading ‘‘RESEARCH, DE- to mention Senator BOXER’s amend- for the continuation or expansion of the VELOPMENT, TEST, AND EVALUATION, NAVY, up pilot project. ment on mental health. It is amend- to $2,000,000 may be used for Program Ele- (2) FINAL REPORT.—Not later than 6 months ment numbered 2012. I include that and ment #0603235N for the Shipboard Automated after the completion of the pilot project, the repeat my unanimous consent request Reconstruction Capability. Secretary shall submit to Congress a final for consideration. AMENDMENT NO. 1947, AS MODIFIED report summarizing the lessons learned, best The PRESIDING OFFICER. The Sen- (Purpose: From amounts available in RDA in practices, and recommendations for full im- ate will also consider the Boxer amend- plementation of a civilian linguist reserve title IV, up to $1,000,000 may be available corps. ment. for Recombinant Activated Factor VII) (f) FUNDING.—Of the amount appropriated Mr. STEVENS. I ask that the Senate At the appropriate place, insert the fol- under the heading ‘‘Operation and Mainte- consider and agree to the amendments. lowing: nance, Defense-Wide’’ in title II, up to The PRESIDING OFFICER. Is there SEC. ll. (a) BLAST INJURY PREVENTION, $1,500,000 may be available to carry out the further debate on the amendments? MITIGATION, AND TREATMENT INITIATIVE OF pilot program under this section. THE ARMY.—Of the amount appropriated by If not, the question is on the amend- AMENDMENT NO. 1899, AS MODIFIED title IV under the heading ‘‘RESEARCH, DE- ments. (Purpose: To make available up to $5,000,000 VELOPMENT, TEST, AND EVALUATION, ARMY’’, for the participation of Vet centers in the The amendments were agreed to, as up to $1,000,000 may be available for Program transition assistance programs of the De- follows: Element #63002A for far forward use of recombinant activated factor VII. partment of Defense for members of the AMENDMENT NO. 1989, AS MODIFIED Armed Forces) AMENDMENT NO. 2030, AS MODIFIED (Purpose: From funds appropriated for re- At the appropriate place, insert the fol- search, development, test and evaluation, (Purpose: To provide for the procurement of lowing: Army, and available for demonstration and 42 additional C-17 aircraft) SEC. . (a) FUNDING FOR PARTICIPATION ll validation, up to $5,000,000 may be avail- On page 220, after line 25, insert the fol- OF VET CENTERS IN TRANSITION ASSISTANCE able for the Plasma Energy Pyrolysis Sys- lowing: PROGRAMS.—Of the amounts appropriated or tem (PEPS), Operational Gasification unit) SEC. 8116. Beginning with the fiscal year otherwise made available by this Act, up to 2006 program year, the Secretary of the Air On page 220, after line 25, insert the fol- $5,000,000 may be used for the participation Force is strongly encouraged to exercise the lowing: of Vet centers in the transition assistance option on the existing multiyear procure- programs of the Department of Defense for SEC. 8116. Of the amount appropriated by ment contract for C–17 aircraft in order to members of the Armed Forces. title IV under the heading ‘‘RESEARCH, DE- enter into a multiyear contract for the pro- (b) VET CENTERS DEFINED.—In this section, VELOPMENT, TEST AND EVALUATION, ARMY’’ curement of 42 additional C–17 aircraft. the term ‘‘Vet centers’’ means centers for and available for demonstration and valida- the provision of readjustment counseling and tion, up to $5,000,000 may be available for the AMENDMENT NO. 2012 related mental health services under section Plasma Energy Pyrolysis System (PEPS), (Purpose: To provide for a Department of 1712A of title 38, United States Code. Operational Gasification unit. Defense task force on mental health) AMENDMENT NO. 2008 AMENDMENT NO. 1911, AS MODIFIED At the appropriate place, insert the following: (Purpose: To make available, from funds ap- (Purpose: To provide that, of the amount au- propriated for research, development, test SEC. ll. DEPARTMENT OF DEFENSE TASK thorized to be appropriated for the use of FORCE ON MENTAL HEALTH. and evaluation, Air Force, up to $2,500,000 the Department of Defense for research, (a) REQUIREMENT TO ESTABLISH.—The Sec- for advanced technology for IRCM compo- development, test, and evaluation for De- retary of Defense shall establish within the nent improvement) fense-wide activities, up to $5,000,000 may Department of Defense a task force to exam- On page 220, after line 25, insert the fol- be available for the rapid mobilization of ine matters relating to mental health and lowing: the New England Manufacturing Supply the Armed Forces. SEC. 8116. Of the amount appropriated by Chain Initiative) title IV under the heading ‘‘RESEARCH, DE- (b) COMPOSITION.— VELOPMENT, TEST AND EVALUATION, AIR At the appropriate place, insert the fol- (1) MEMBERS.—The task force shall consist FORCE’’, up to $2,500,000 may be available for lowing: of not more than 14 members appointed by advanced technology for IRCM component SEC. ll. Of the amount appropriated by the Secretary of Defense from among indi- improvement. this Act under the heading ‘‘RESEARCH, DE- viduals described in paragraph (2) who have VELOPMENT, TEST AND EVALUATION, DEFENSE- demonstrated expertise in the area of mental Mr. STEVENS. Mr. President, I move WIDE’’, up to $5,000,000 may be available for health. to reconsider the vote. the rapid mobilization of the New England (2) RANGE OF MEMBERS.—The individuals Mr. INOUYE. I move to lay that mo- Manufacturing Supply Chain Initiative to appointed to the task force shall include— tion on the table. meet Department of Defense supply short- (A) at least one member of each of the The motion to lay on the table was ages and surge demands for parts and equip- Army, Navy, Air Force, and Marine Corps; agreed to. ment. and

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11108 CONGRESSIONAL RECORD — SENATE October 5, 2005 (B) a number of persons from outside the fidentiality for members of the Armed Mr. STEVENS. Mr. President, I move Department of Defense equal to the total Forces seeking care for such conditions. to reconsider the vote. number of personnel from within the Depart- (D) The adequacy of outreach, education, Mr. INOUYE. I move to lay that moment of Defense (whether members of the and support programs on mental health mat- Armed Forces or civilian personnel) who are ters for families of members of the Armed tion on the table. appointed to the task force. Forces. The motion to lay on the table was (3) INDIVIDUALS APPOINTED WITHIN DEPART- (E) The efficacy of programs and mecha- agreed to. MENT OF DEFENSE.—At least one of the indi- nisms for ensuring a seamless transition AMENDMENTS NOS. 1991, AS MODIFIED; 1964, AS viduals appointed to the task force from from care of members of the Armed Forces MODIFIED; 1948; 2029, AS MODIFIED; 1927, AS within the Department of Defense shall be on active duty for mental health conditions MODIFIED, EN BLOC the surgeon general of an Armed Force or a through the Department of Defense to care designee of such surgeon general. for such conditions through the Department Mr. STEVENS. Mr. President, I have (4) INDIVIDUALS APPOINTED OUTSIDE DEPART- of Veterans Affairs after such members are a managers’ package No. 5 before the MENT OF DEFENSE.—(A) Individuals appointed discharged or released from military, naval, Senate. to the task force from outside the Depart- or air service. Senator KENNEDY’s amendment, No. ment of Defense may include officers or em- (F) The availability of long-term follow-up 1991, for basic research programs, as ployees of other departments or agencies of and access to care for mental health condi- modified; Senator SALAZAR, colloquy the Federal Government, officers or employ- tions for members of the Individual Ready on system controls; Senator MURRAY, ees of State and governments, or individuals Reserve, and the Selective Reserve and for from the private sector. discharged, separated, or retired members of No. 1964, for transition assistance pro- (B) The individuals appointed to the task the Armed Forces. grams, as modified; Senator COBURN, force from outside the Department of De- (G) Collaboration among organizations in No. 1948, on placing directives in the fense shall include— the Department of Defense with responsi- bill; Senator ALEXANDER, No. 2029, for (i) an officer or employee of the Depart- bility for or jurisdiction over the provision heat pumps, as modified; Senator WAR- ment of Veterans Affairs appointed by the of mental health services. NER, No. 1927, for electron source pro- Secretary of Defense in consultation with (H) Coordination between the Department gram, as modified. the Secretary of Veterans Affairs; of Defense and civilian communities, includ- (ii) an officer or employee of the Substance ing local support organizations, with respect I ask unanimous consent that these Abuse and Mental Health Services Adminis- to mental health services. amendments be considered en bloc by tration of the Department of Health and (I) The scope and efficacy of curricula and the Senate, as modified. Human Services appointed by the Secretary training on mental health matters for com- The PRESIDING OFFICER. Without of Defense in consultation with the Sec- manders in the Armed Forces. objection, the Senate will proceed to retary of Health and Human Services; and (J) Such other matters as the task force the consideration of amendments en (iii) at least two individuals who are rep- considers appropriate. bloc. resentatives of— (d) ADMINISTRATIVE MATTERS.— (I) a mental health policy and advocacy or- (1) COMPENSATION.—Each member of the Mr. STEVENS. Mr. President, I ask ganization; and task force who is a member of the Armed for consideration of the amendments. (II) a national veterans service organiza- Forces or a civilian officer or employee of The PRESIDING OFFICER. Is there tion. the United States shall serve without com- further debate? If not, the question is (5) DEADLINE FOR APPOINTMENT.—All ap- pensation (other than compensation to on agreeing to the amendments. pointments of individuals to the task force which entitled as a member of the Armed The amendments were agreed to, as shall be made not later than 120 days after Forces or an officer or employee of the the date of the enactment of this Act. United States, as the case may be). Other follows: (6) CO-CHAIRS OF TASK FORCE.—There shall members of the task force shall be treated AMENDMENT NO. 1991 AS MODIFIED be two co-chairs of the task force. One of the for purposes of section 3161 of title 5, United (Purpose: To make available additional co-chairs shall be designated by the Sec- States Code, as having been appointed under amounts for defense basic research pro- retary of the Defense at the time of appoint- subsection (b) of such section. grams) ment from among the Department of Defense (2) OVERSIGHT.—The Under Secretary of At the appropriate place, insert the fol- personnel appointed to the task force. The Defense for Personnel and Readiness shall lowing: other co-chair shall be selected from among oversee the activities of the task force. SEC. ll. (a) ARMY PROGRAMS.—Of the the members appointed from outside the De- (3) ADMINISTRATIVE SUPPORT.—The Wash- amount appropriated by title IV under the partment of Defense by members so ap- ington Headquarters Services of the Depart- heading ‘‘RESEARCH, DEVELOPMENT, TEST, pointed. ment of Defense shall provide the task force AND EVALUATION, ARMY’’, up to an additional (c) LONG-TERM PLAN ON MENTAL HEALTH with personnel, facilities, and other adminis- $10,000,000 may be used for Program Element SERVICES.— trative support as necessary for the perform- 0601103A for University Research Initiatives. (1) IN GENERAL.—Not later than 12 months ance of the duties of the task force. (b) NAVY PROGRAMS.—Of the amount appro- after the date on which all members of the (4) ACCESS TO FACILITIES.—The Under Sec- task force have been appointed, the task retary of Defense for Personnel and Readi- priated by title IV under the heading ‘‘RE- force shall submit to the Secretary a long- ness shall, in coordination with the Secre- SEARCH, DEVELOPMENT, TEST, AND EVALUA- term plan (referred to as a strategic plan) on taries of the military departments, ensure TION, NAVY’’, up to an additional $5,000,000 means by which the Department of Defense appropriate access by the task force to mili- may be used for Program Element 0601103N shall improve the efficacy of mental health tary installations and facilities for purposes for University Research Initiatives. services provided to members of Armed of the discharge of the duties of the task (c) AIR FORCE PROGRAMS.—Of the amount Forces by the Department of Defense. force. appropriated by title IV under the heading (2) UTILIZATION OF OTHER EFFORTS.—In pre- (e) REPORT.— ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL- paring the report, the task force shall take (1) IN GENERAL.—The task force shall sub- UATION, AIR FORCE’’, up to an additional into consideration completed and ongoing ef- mit to the Secretary of Defense a report on $10,000,000 may be used for Program Element forts by the Department of Defense to im- its activities under this section. The report 0601103F for University Research Initiatives. prove the efficacy of mental health care pro- shall include— (d) DEFENSE-WIDE ACTIVITIES.—Of the vided to members of the Armed Forces by (A) a description of the activities of the amount appropriated by title IV under the the Department. task force; heading ‘‘RESEARCH, DEVELOPMENT, TEST, (3) ELEMENTS.—The long-term plan shall (B) the plan required by subsection (c); and AND EVALUATION, DEFENSE-WIDE’’— include an assessment of and recommenda- (C) such other mattes relating to the ac- (A) up to an additional $10,000,000 may be tions (including recommendations for legis- tivities of the task force that the task force used for Program Element 0601120D8Z for the lative or administrative action) for measures considers appropriate. SMART National Defense Education Pro- to improve the following: (2) TRANSMITTAL TO CONGRESS.—Not later gram; and (A) The awareness of the prevalence of than 90 days after receipt of the report under (B) up to an additional $5,000,000 may be mental health conditions among members of paragraph (1), the Secretary shall transmit used for Program Element 0601101E for the the Armed Forces. the report to the Committees on Armed Defense Advanced Research Projects Agency (B) The efficacy of existing programs to Services and Veterans’ Affairs of the Senate University Research Program in prevent, identify, and treat mental health and the House of Representatives. The Sec- Cybersecurity. conditions among members of the Armed retary may include in the transmittal such (e) SENSE OF SENATE.—It is the sense of the Forces, including programs for and with re- comments on the report as the Secretary Senate that it should be a goal of the De- spect to forward-deployed troops. considers appropriate. partment of Defense to allocate to basic re- (C) The reduction or elimination of bar- (f) TERMINATION.—The task force shall ter- search programs each fiscal year an amount riers to care, including the stigma associated minate 90 days after the date on which the equal to 15 percent of the funds available to with seeking help for mental health related report of the task force is submitted to Con- the Department of Defense for science and conditions, and the enhancement of congress under subsection (e)(2). technology in such fiscal year.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11109 AMENDMENT NO. 1964 AS MODIFIED SEC. 8116. (a) Of the amount appropriated and engineering doctorate degrees (Purpose: To provide for studies of means of by title IV under the heading ‘‘RESEARCH, awarded at American universities go to improving the transition assistance serv- DEVELOPMENT, TEST AND EVALUATION, NAVY’’ foreign students. ices of the Department of Defense and up to $1,500,000 may be available for research It is unlikely that retiring DOD sci- other benefits for members of the National within the High-Brightness Electron Source entists will be replaced by current pri- program. Guard and the Reserves) vate industry employees. According to At the appropriate place, insert the fol- AMENDMENT NO. 1991 the National Defense Industrial Asso- lowing: Mr. KENNEDY. Mr. President, our ciation, over 5,000 science and engineer- SEC. ll. REPORT ON REVIEW AND IMPLEMEN- military is first in the world, because TATION OF COMPTROLLER GEN- ing positions are unfilled in private in- ERAL RECOMMENDATIONS ON TRAN- of the quality and training of our per- dustry in defense-related fields. SITION ASSISTANCE FOR MEMBERS sonnel and because of the technological The Nation confronts a major math OF THE NATIONAL GUARD AND RE- sophistication of our equipment and and science challenge in elementary SERVES. weaponry. A large portion of the best (a) REPORT.—Not later than 30 days after and secondary education and in higher the date of the enactment of this Act, the civilian scientific minds in the Defense education as well. We are tied with Secretary of Defense shall submit to the con- Department are nearing retirement Latvia for 28th in the industrialized gressional defense committees report on the age. world today in math math education, status of the review of, and actions taken to I rise to thank my colleagues for and that is far from good enough. We implement, the recommendations of the their support and adoption of the have fallen from 3rd in the world to Comptroller General of the United States in amendment Senator COLLINS and I of- the report of the Comptroller General enti- 15th in producing scientists and engi- fered to ensure that the Department neers. Clearly, we need a new National tled ‘‘Military and Veterans Benefits: En- maintains the workforce that it needs hanced Services Could Improve Transition Defense Education Act of the size and Assistance for Reserves and National Guard’’ to stay globally competitive and in- scope passed nearly 50 years ago. (GAO 05–544). vests in crucial research and develop- At the very least, however, the legis- (b) PARTICULAR INFORMATION.—If the Sec- ment efforts. lation before us needs to do more to retary has determined in the course of the Our amendment includes $10 million maintain our military’s technological review described in subsection (a) not to im- to double the committee’s funding for advantage. Last year, over 100 ‘‘highly plement any recommendation of the Comp- the Department’s current SMART troller General described in that subsection, rated’’ SMART Scholar applications the report under that subsection shall in- Scholars program, which is essentially were turned down because of insuffi- clude a justification of such determination. an ROTC program for the agency’s ci- cient funding. Our amendment has suf- AMENDMENT NO. 1948 vilian scientists. This represents a $17.8 ficient funds to support every one of (Purpose: To require that any limitation, di- million increase over the $2.5 million those talented young people who want rective, or earmarking contained in either funding level provided last year—the to learn and serve. the House of Representatives or Senate reprogram’s first year in existence. It also increases the investment in port accompanying this bill be included in It increases by $30 million the De- basic research in science and tech- the conference report or joint statement partment’s funding of basic research in nology. Investments by DOD in science accompanying the bill in order to be con- science and technology, to ensure that and technology through the 1980s sidered as having been approved by both its investment in this field is main- Houses of Congress) helped the United States win the cold tained and our military technology re- war. But funding for basic research in At the appropriate place, insert the fol- mains the best in the world. lowing: the physical sciences, math and engi- SEC. ll. Any limitation, directive, or ear- Our amendment provides sufficient neering has not kept pace with re- marking contained in either the House of funding for the full cost of college search in other areas. Federal funding Representatives or Senate report accom- scholarships and graduate fellowships for life sciences has risen fourfold since panying H.R. 2863 shall also be included in for approximately 100 science, tech- the 1980s. Over the same period, appro- the conference report or joint statement ac- nology, engineering, and math stu- priations for the physical sciences, en- companying H.R. 2863 in order to be consid- dents. It increases basic research in the ered as having been approved by both Houses gineering, and mathematics have re- of Congress. Army, Navy, Air Force, DARPA, and mained essentially flat. Funding for National Defense Education Program. AMENDMENT NO. 2029 AS MODIFIED basic research fell from fiscal year 1993 (Purpose: To require a report on the use of It is supported by more than 60 of the to fiscal year 2004 by more than 10 per- ground source heat pumps at Department most prestigious institutions of higher cent in real terms. of Defense facilities) education in America. The Defense Science Board has rec- On page 220, after line 25, insert the fol- Defense Department-sponsored re- ommended that funding for Science lowing: search has resulted in stunningly so- and Technology reach 3 percent of SEC. 8116. (a) Not later than 180 days after phisticated spy satellites, precision- total defense spending, and the admin- the date of the enactment of this Act, the guided munitions, stealth equipment, istration and Congress have adopted Secretary of Defense shall submit to the con- and advanced radar. The research has this goal in the past. The board also gressional defense committees a report on the use of ground source heat pumps at De- also generated new applications in the recommended that 2 percent of that partment of Defense facilities. civilian economy. The best known ex- amount be dedicated to basic research. (b) The report required under subsection ample is the Internet, originally a We must do better, and our amendment (a) shall include— DARPA project. makes progress on this issue. (1) a description of the types of Depart- Advances in military technology I thank my colleagues for recog- ment of Defense facilities that use ground often have their source in the work of nizing the importance of this amend- source heat pumps; civilian scientists in Department of ment and for their support in its adop- (2) an assessment of the applicability and tion. I hope that we will continue to cost-effectiveness of the use of ground source Defense laboratories. Unfortunately, a heat pumps at Department of Defense facili- large percentage of these scientists are see similar increases in these programs ties in different geographic regions of the nearing retirement. Today, nearly one in the future. United States; in three DOD civilian science, tech- AMENDMENT NO. 1955 (3) a description of the relative applica- nical, engineering, and mathematical Mr. STEVENS. Mr. President, it is bility of ground source heat pumps for pur- employee is eligible to retire. In 7 my understanding that we have 6 min- poses of new construction at, and retro- years, 70 percent will be of retirement utes equally divided before the Sen- fitting of, Department of Defense facilities; age. ate’s consideration of the Warner and Another distressing fact is that the amendment. Senator WARNER seeks a AMENDMENT NO. 1927 AS MODIFIED number of new scientists being pro- Senate vote on whether his amendment (Purpose: To make available up to $1,500,000 duced by our major universities at the for the Navy for research, development, is germane to the bill. But before that test, and evaluation, to be available for re- doctoral level each year has declined occurs, it is my understanding the search within the High-Brightness Elec- by 4 percent over the last decade. Many leaders may want to use some of their tron Source program) of those who do graduate are ineligible leadership time. In the appropriate place, insert the fol- to work on sensitive defense matters, The PRESIDING OFFICER. There is lowing: since more than a third of all science now 6 minutes of debate divided on the

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11110 CONGRESSIONAL RECORD — SENATE October 5, 2005 germaneness of the Warner amend- The PRESIDING OFFICER. The Sen- Mr. STEVENS. What we have here is ment. ator from Alaska. a situation where it is critical that we The Senator from Virginia is recog- Mr. STEVENS. Mr. President, let me finish this bill this week. Let me tell nized. begin by saying, very succinctly, a vote you why. Mr. WARNER. Mr. President, I shall against this issue of germaneness is This bill is the supplemental appro- divide my time equally with my col- not a vote against defense. This is the priations bill for Defense for activities league Senator LEVIN, ranking member Defense appropriations bill. It is meant in Iraq and Afghanistan and the war on of the committee. to carry the money to the Department terror. We are in a continuing resolu- Mr. President, the question of ger- of Defense and all of those involved in tion period. There is no money in the maneness has already been, in a sense, defense. It is not meant to carry the continuing resolution for that part. I ruled on by the Parliamentarians who authorization. That is what rule XVI is hope the Senate will understand that said in their judgment it is germane. all about. What we are looking at now this authorization bill has no place in The question is simply do we or do we is the Defense authorization bill being this bill as a bill to become amended not at this time, when our Nation is at brought to this bill in part. This is not by the processes of the Senate in the war, bring up on the appropriations bill the whole bill. This is just part A; B future. section A of the authorization bill? and C were left out. The PRESIDING OFFICER. The ma- I simply say to my colleagues, I trust This is not going to finish debate on jority leader. you—I trust you to look at this ex- the authorization bill. It will only take Mr. FRIST. Mr. President, I ask to traordinary circumstance in which we up a part of it. There are a whole series speak on leader time. are a nation at war, needing this bill to of amendments that have been offered We will in a very few minutes be send a message. And I trust you that to the authorization bill, and, as a coming to a vote on the question of the amendment process will not be matter of fact, Senator WARNER has of- germaneness on the Warner amend- abused and that we can in a reasonable fered now two packages of amendments ment. I want to take a few minutes to period of time accommodate those that have been approved by himself and comment on two issues. One is what we amendments that might be offered as Senator LEVIN. But they have not been have been talking about over the last second-degree amendments, and that considered, as far as we are concerned, 30 or 45 minutes; that is, the Defense your bill can go forward with the vi- as amendments to the appropriations authorization bill. And secondly, I tally needed appropriations funds. bill. But that is what they want. They want to make a quick comment on the I yield the floor. want us to accept their portion of the germaneness issue. The PRESIDING OFFICER. The Sen- bill plus their amendments to the bill ator from Michigan. We heard the distinguished Senator without any consideration for anybody. from West Virginia argue very strongly Mr. LEVIN. Mr. President, the only This is 108 amendments en bloc, not way we are going to be able to consider to have a freestanding Defense author- agreed to by the managers of this bill ization bill come to the floor, and that the Defense authorization bill, appar- but agreed to by the would-be man- ently, this year is if we offer this as an is the most appropriate way to handle agers of the Defense authorization bill. that bill. I agree to that. In fact, we amendment and then amend it. You Offering the authorization bill to this have tried to do that in the past. We heard from the Senator from Alaska bill without an agreement is an enor- spent about 4 days on the floor, and at earlier today that this would open up mous precedent. I have been involved that time, because we had well over 100 the bill, the appropriations bill, to now 38 years, almost. It has never hap- amendments, took it off the floor to be amendments, that they would be un- pened in my career, that a bill was addressed at some point in the future. limited. We heard the opposite argu- brought to the appropriations bill and We heard from the Senator from ment from our dear friend from West offered and then subject to amend- Michigan saying the only way that we Virginia that this would restrict ment. amendments on the authorization. The Often, we have taken whole bills at believe we can deal with this is by of- only way we are going to be able to times and taken them to conference. fering it as an amendment, which has have debate on amendments on the au- Even that has been objected to by been done to the appropriations bill. I thorization bill is if we consider the au- some. But normally we have taken om- want to make it very clear I disagree thorization bill now. nibus bills. The authorizers are trying with that. The leader, in his wisdom, pulled to make this an omnibus bill. First, Defense appropriations: I think down the authorization bill when it There are also other bills waiting in the appropriate way of dealing with was pending. As far as I know, there is the wings that haven’t been heard. this very important bill is to have it as not a decision on his part to bring that What are we going to do with them if a freestanding piece of legislation. As I authorization bill back to the floor. this process is to be followed? mentioned, we have attempted to do How I dearly wish we could have a sep- But again, I want to note that a vote that in the past, and I have been trying arate authorization bill. But we are not to find that this is germane—and I very hard to do that over the last cou- going to get it, except in this process. think I understand the question of ple of weeks. We had an offer on the It is amendable. I assure my friend what Senator WARNER said about what floor that both the Democratic leader from West Virginia that the only way the Parliamentarians have done. and the chairman and ranking member we are going to debate the authoriza- I make a parliamentary inquiry: Has are well aware of, as most Members in tion bill on the floor of the Senate and the Parliamentarian ruled that this our caucus are; that is, we would bring offer amendments is if we follow this amendment is germane or just that it the Defense authorization bill to the process. It is amendable. It is debat- is subject to being found germane by floor as a freestanding bill, with 12 able. It is free speech at its utmost. the Senate? amendments to either side with sec- The alternative is the absence of de- The PRESIDING OFFICER. The Par- ond-degree amendments allowed under bate on the authorization bill. liamentarian has advised that the Sen- a time agreement. We have been able to clear about 100 ator may raise a defense of germane- Those amendments we have asked to amendments, plus. We do that in the ness. be related or within the jurisdiction of ordinary process. We do that every Mr. STEVENS. Defense of germane- that particular committee. That is year on the authorization bill. We try ness is available to the Senator? what we have been working with. We to accommodate our colleagues. We The PRESIDING OFFICER. The have been waiting and working all day. have gone through that process. There question is then submitted to the Sen- We have for the last about 8 or 9 days are another dozen or so amendments ate. been waiting for a response from the which we would have to consider that Mr. STEVENS. A vote against this other side of the aisle. I understand the we know about. position of the Senator from Virginia other side of the aisle cannot agree Let us follow that process. There is would not be overturning the Chair, with that unanimous consent request. I so much in this bill that is needed. would it? do propound it, in large part, to let all There is a health provision in this bill The PRESIDING OFFICER. It would of our colleagues know we have been and a lot of other provisions. not. working on it, and we feel strongly

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11111 there is a way to bring this Defense au- committee in the Senate. But the Sen- I want the record to reflect that the thorization bill up freestanding with ate Committee on Appropriations does Defense authorization bill should have appropriate amendments. not run everything around here. Other been debated a long time ago. We are With that, I will, at this point in committees work as hard as we do and ready to debate it any time. We are time, propound that unanimous con- have the right to have the matters willing to enter into time agreements sent to make this clear. I ask consent, they work on in committee heard. on amendments, but to come here to- when the Senate resumes consideration We have devoted basically one day to night and say we are going to do 12 of S. 1042, the Defense authorization this bill. It was pulled because of gun amendments, does anybody object— bill, it be considered under the fol- liability. what I should have done is not object lowing limitations. All of the pending Now, in years past, we have worked and have that side of the aisle watch amendments be withdrawn and the bill our way through this. It has not been them go to the ceiling. They would not be considered as follows: The only first- easy, but we have done it. The 10-year like it either. degree amendments in order be up to 12 average: in the last 10 years, we have I am standing here and saying, I not amendments to be offered by the two averaged 133 amendments, and we have only object, I object 1,000 times, until leaders or their designees; provided fur- averaged 14 rollcalls per bill. Why? Be- we get back to being Senators and ther that the amendments be within cause we have had the same managers doing things the way we have done. the jurisdiction of the Committee on for a long time. They know how to The number of amendments, 196 last Armed Services and that these amend- work through these amendments. year. We spent 16 days on it; in 2003, 5 ments be subject to second degrees, There is some give-and-take and some days, 75 amendments; back in 1997, 8 which are to be relevant to the amend- unhappy people, but we respect these days, 120 amendments, 44 hours. ment to which they have offered; pro- two men. We work our way through it. Couldn’t we spend a little bit of time vided further that the first-degree That is the way it has been for 10 on this bill? amendments be limited to 1 hour of de- years. The answer is, no, we are going to do bate equally divided in the usual form, The average for hours of debate on the appropriations bill. with any second degrees limited to 30 this bill is 471⁄4 hours. We have spent as I know appropriations. As I have minutes of debate equally divided. much as 88 hours. When did we do that? said, I have been on the committee for I further ask that there then be 2 Last year. We spent 88 hours on this a long time. But as much as I love my hours of general debate on the bill di- bill last year. We had 196 amendments. committee assignment—it is the only vided between the two managers; pro- The point I make is that the real committee I have anymore; I gave vided further that the amendments be issue here—my two dear friends, the them all up with this job, but I love the offered on a rotating basis, and if an senior Senator from Virginia and the Committee on Appropriations. I repeat, amendment is not available at the con- senior Senator from Michigan, think it there are other committees that are as clusion of the previous amendment, is defense matters. It is not. It is important as the Committee on Appro- then the amendment no longer be in Katrina. That is what it is about. We priations. The problem is, we have order. want to have a vote on an independent strict rules of how appropriations bills Finally, I ask consent, at the expira- bipartisan commission to figure out are handled, for obvious reasons. tion of that time and the disposition of what went wrong down in the gulf I want the record to reflect I do my the above amendments, the bill be read coast. We have not been allowed to best, and sometimes that is not good the third time and the Senate proceed have a vote on that. All we want is a enough, to be a partner with my friend, to a vote on the passage of the bill as vote. The only way we can do it is have the majority leader. I don’t want this amended, if amended, with no inter- a bill of substance, not one on an ap- statement I make to reflect on him vening action or debate. propriations bill, so we can offer the personally. I am talking about the Mr. REID. Of course, I am going to amendment. process that comes about as a result of object, but I want to use some of my So this is a system that works just him being a leader. I don’t like the leader time to talk about the travesty fine. The Senate was not set up to be process. I think we could have done it before the Senate at this time. convenient. It was not set up to have better. I think we should have done The Committee on Armed Services short periods of time to work. It was this bill. I could be wrong, but I say to completed their work on this bill set up to do the business of this coun- my chair and my distinguished friend, around the 1st of May, give or take a try. It has worked pretty well for more I think the only amendment we have day or two. For 5 months, we have been than 200 years. had in this is one dealing with Boy trying to get this bill to the floor. For One of the things we have tradition- Scouts—four others—and that was of- Members to cry crocodile tears that ally done in time of war or peace is the fered by the distinguished majority this might take an extra day or 2 or 3 Defense authorization bill. leader. I know it is well-intentioned, or 4 or 5, we need only look at the his- So here it is, I have been to this floor but I don’t think it had much to do tory of the Senate. I don’t know how many times, but with the Defense authorization bill. I heard the remarks of the Senator many, many times since last May, say- Let’s let the record reflect I object. I from West Virginia. I agree with him. ing, Let’s do a defense authorization object. I object. Can anyone imagine the Senate not bill. I can remember talking about one The PRESIDING OFFICER. The ma- having time to do the Defense author- of my trips to the hospital and seeing jority leader. ization bill? We have men and women, the people in bed and how I felt I owed Mr. FRIST. Mr. President, the objec- as we speak, being shot at driving down them something to come here and ask tion we heard was to a unanimous con- roads and darkened streets in Iraq not for time to hear their views. And they sent. knowing if they will make it home—behave views as to what is good and bad Mr. REID. I have a unanimous con- cause of a roadside bomb—home to in Iraq. I have been here many times. I sent request that I should have made, their billet for that evening. have added up weeks with the ranking that we resume consideration of De- We have almost 2,000 men and women member trying to get some way to the fense authorization upon disposition of who have been killed in Iraq. We have floor. And here at this time of night, as the Defense appropriations bill. had 15 to 20,000 wounded. Shouldn’t we we are winding things down, we get a Mr. FRIST. I object. take a little time to talk about the unanimous consent request that every- The PRESIDING OFFICER. The ob- work done by the duly constituted one knows is going to be objected to. jection is heard. committee of the Senate, the Com- The Senator from West Virginia pret- Mr. FRIST. Mr. President, the unani- mittee on Armed Services, take a look ty well knows how to express himself. mous consent I propounded that was at what we need to do on a policy He may come from coal-mining fami- objected to by the other side is exactly basis? lies. He may have been an orphan. But what we have been working on the last I am a proud member of the Com- he knows how to talk. He explained in couple of weeks. It did say we would mittee on Appropriations. I have been very good detail why we cannot have have a freestanding bill to bring a very on this committee since the day I got the Senate run similar to the House of important bill to the floor. We have here. I am proud of it. It is the best Representatives. spent several days, I believe 4 days, on

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11112 CONGRESSIONAL RECORD — SENATE October 5, 2005 that bill in the past. I had 24 amend- Dodd Lautenberg Rockefeller his steadfast support of this amendments, 12 to either side, plus second-de- Dole Levin Salazar ment. I thank our colleague, Senator Durbin Lieberman Sarbanes gree amendments, of which there is no Ensign Lincoln Schumer STEVENS, both for his courtesy at this limit for. But it was objected to. Feingold Lugar Sessions moment and also because while we may We will continue to work in that re- Graham McCain Snowe have a substantive disagreement about Hagel Nelson (FL) gard because I believe at some point we Stabenow this amendment, I know his heart is in Inhofe Nelson (NE) Talent Jeffords Obama will be able to address that bill. What Thune the right place. Johnson Pryor we will vote on, in hopefully a couple Warner This amendment ensures that our Kennedy Reed troops in Iraq and Afghanistan will of minutes, is the germaneness of the Kerry Reid Warner amendment, the authorization have the equipment they need to ac- bill. The real challenge is if this bill is NAYS—50 complish their mission while keeping ruled germane, it will bog down what Alexander Domenici Martinez them out of harm’s way. In deciding Allard Dorgan McConnell how to vote, I ask my colleagues to we are trying to do. There can be an Bennett Enzi Mikulski endless number of amendments that Bond Feinstein Murkowski consider three things. First, the lesson are attached if it is germane; 130 have Brownback Frist Murray of Katrina and regrettably the lesson Bunning Grassley Roberts of Iraq is that our Nation, when lives been filed. There would be unlimited Burns Gregg second-degree amendments that could Santorum are at stake, must always plan for the Burr Harkin Shelby Byrd Hatch be applied toward the Warner amend- Smith worst, even as we hope for the best. Un- Coburn Hutchison ment if that is found to be germane. Specter fortunately, this has not happened in Cochran Inouye Stevens The appropriate way to deal with the Coleman Isakson Iraq. On the contrary, our Armed Warner amendment is as a freestanding Conrad Kohl Sununu Forces have consistently underesti- authorization bill. I agree with Senator Craig Kyl Thomas mated the need for armored vehicles in Crapo Landrieu Vitter ARNER that theater of war. Nine times they W . We need to do that, and we DeMint Leahy Voinovich will work toward that in the future. I DeWine Lott Wyden have underestimated the need. They are no longer entitled to the benefit of am disappointed the other side will not NOT VOTING—1 allow us to do it as a freestanding bill. the doubt. Regrettably, Walter Reed Institutionally, if we start taking the Corzine Army Hospital and other military hos- huge authorization bills and start The PRESIDING OFFICER. On this pitals are filled with the consequences dumping them into the appropriations vote, the yeas are 49, the nays are 50. of these errors. Let us not make that bill, the appropriations process, which The Senate has voted the amendment mistake again. is already difficult enough, is going do not germane, and it falls for that rea- I ask my colleagues to recall the come to a grinding halt. son. image of that brave soldier who stood Therefore, I ask my colleagues to Mr. FRIST. Mr. President, I move to up in a conversation with our Sec- vote that the Warner amendment be reconsider the vote. retary of Defense, complaining about not germane, joining the chairman and Mr. DOMENICI. I move to lay that what he referred to as ‘‘hillbilly’’ the ranking Member of the bill as well motion on the table. armor, talking about our brave troops The motion to lay on the table was as Senator BYRD, that this is not ger- having to search through garbage agreed to. mane, and if it is not germane, it will dumps for the ability to defend them- allow us to continue on with the De- AMENDMENT NO. 1933 selves from hostile attack. We owe fense appropriations bill in a dis- The PRESIDING OFFICER. There them better than that. Better than ciplined way to complete, hopefully, by are now 6 minutes evenly divided on that is exactly what this amendment the end of Friday. the vote with respect to the Bayh will provide. I ask for Senators’ favor- amendment. Who yields time? Mr. WARNER. Have the yeas and able consideration. Mr. STEVENS. What is the pending nays been ordered? Mr. KENNEDY. Mr. President, I am business? The PRESIDING OFFICER. They delighted to join my colleague once The PRESIDING OFFICER. Amend- again, Senator BAYH, in sponsoring have not. ment No. 1933 offered by the Senator Mr. WARNER. I ask for the yeas and this amendment, No. 1933, which in- from Indiana. There will be 6 minutes creases funding for the procurement of nays. evenly divided. Mr. THUNE. Is there a sufficient sec- armored Tactical Wheeled Vehicles for The Senator from Alaska. the Army. ond? Mr. STEVENS. Mr. President, I make Together, Senator BAYH and I have There is a sufficient second. a point of order under section 302(f) of worked very hard together to make The yeas and nays were ordered. the Congressional Budget Act that the sure our soldiers have what they need. The PRESIDING OFFICER. The amendment provides spending in excess In April of this year, the Senate added Chair, under Senate rule XVI, now sub- of the subcommittee’s 302(b) allocation $150 million for additional armored ve- mits to the Senate the question raised under the fiscal year 2006 concurrent by the Senator from Virginia, Mr. hicles in the Iraq Supplemental. resolution on the budget. Now we want to work together to WARNER: Namely, is his amendment The PRESIDING OFFICER. The Sen- keep our troops in the field properly No. 1955 germane or relevant to any ator from Indiana. equipped and also make sure they have legislative language already in the Mr. BAYH. Mr. President, pursuant the proper equipment on hand at home House-passed bill? to section 904 of the Congressional to train with prior to going overseas. The yeas and nays have been ordered. Budget Act of 1974, I move to waive the The money in this amendment will The clerk will call the roll. applicable sections of that act for pur- make sure that the Army’s pre-posi- The legislative clerk called the roll. poses of the pending amendment, and I tioned stocks are re-constituted after Mr. DURBIN. I announce that the ask for the yeas and nays. over 21⁄2 years at war. Senator from New Jersey (Mr. CORZINE) The PRESIDING OFFICER. Is there a There are also funds for the Joint is necessarily absent. sufficient second? Readiness Training Center at Fort The PRESIDING OFFICER (Mr. There appears to be a sufficient sec- Polk, LA. The Joint Readiness Train- COLEMAN). Are there any other Sen- ond. ing Center provides advance level joint ators in the Chamber desiring to vote? The yeas and nays were ordered. training for the Army’s Active and Re- The result was announced—yeas 49, Mr. STEVENS. Mr. President, under serve Component, Air Force and Navy nays 50, as follows: the previous order, this is a 10-minute forces. The training they receive simu- [Rollcall Vote No. 247 Leg.] vote; is that correct? The PRESIDING OFFICER. The Sen- lates what they will face when de- YEAS—49 ator is correct. ployed to Iraq and Afghanistan. Akaka Bingaman Chambliss Is all time yielded back? This issue has been divisive for far Allen Boxer Clinton The Senator from Indiana. too long. All of us support our troops. Baucus Cantwell Collins Bayh Carper Cornyn Mr. BAYH. Mr. President, I thank We obviously want to do all we can to Biden Chafee Dayton our colleague, Senator KENNEDY, for see that they have proper equipment,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11113 vehicles, and everything else they need quirements. Obviously, the Pentagon as a cosponsor of the amendment of- to protect their lives and carry out was still being influenced by its cake- fered by Senator BAYH. their missions. walk mentality. The PRESIDING OFFICER. Without It’s scandalous that the administra- The GAO report specifically states objection, it is so ordered. tion has kept sending them into battle that Pentagon decision-makers set the Mr. BYRD. I thank my colleague. year after year in Iraq without ade- rate at which both up-armored Mr. BAYH. I thank my colleague quate equipment. It’s scandalous that Humvees and armor kits would be pro- from West Virginia. desperate parents and wives here at duced, and did not tell Congress about The PRESIDING OFFICER. Is all home have had to resort to Wal-Mart the total available production capac- time yielded back? to try to buy armor and mail it to their ity. GAO was unable to determine what Mr. STEVENS. I yield back my time. loved ones in Iraq to protect them on criteria were used to set the rate of Mr. BAYH. I yield back my time. the front lines. Secretary Rumsfeld has production. In both cases, additional The PRESIDING OFFICER. The rarely been more humiliated than on production capacity was available, par- question is on agreeing to the motion his visit to Iraq last December, when a ticularly for the kits. to waive the Budget Act with respect soldier had the courage to ask him why The delay was unconscionable. With- to amendment No. 1933. the troops had to scavenge scrap metal out this amendment, the production Mr. STEVENS. Mr. President, have on the streets to protect themselves. rate of Up-armored humvees could drop the yeas and nays been ordered? The cheer that roared out from troops off again later this year. We need to The PRESIDING OFFICER. They when he asked question said it all. guarantee that we are doing everything have been ordered. The clerk will call More than 400 troops have already possible to get the protection to our the roll. died in military vehicles vulnerable to troops as soon as possible. We owe it to The assistant legislative clerk called roadside bombs, grenades, and other them, to their families here at home the roll. notorious improvised explosive devices. and to the American people. Mr. DURBIN. I announce that the Many of us have visited soldiers at We need to make sure our troops Senator from New Jersey (Mr. CORZINE) Walter Reed and Bethesda and seen the overseas have the best equipment is necessarily absent. tragic consequences of inadequate available to protect them in combat. The PRESIDING OFFICER (Mr. AL- armor. We want to ensure that parents They also need to have the same equip- EXANDER). Are there any other Sen- grieving at Arlington National Ceme- ment to train with at the Joint Readi- ators in the Chamber desiring to vote? The yeas and nays resulted—yeas 56, tery no longer ask, ‘‘Why weren’t more ness Center and the money in this nays 43, as follows: armored humvees available?’’ amendment will ensure that happens. The amendment contributes signifi- It’s taken far too long to solve this [Rollcall Vote No. 248 Leg.] cantly to this goal, and I urge my col- problem. We have to make sure we YEAS—56 leagues to support it. Akaka Dorgan Nelson (FL) solve it now, once and for all. We can’t The PRESIDING OFFICER. The Sen- keep hoping the problem will somehow Alexander Durbin Nelson (NE) ator from Alaska. Allen Feingold Obama go away. Mr. STEVENS. Mr. President, on a Baucus Feinstein Pryor In a letter last October 20, General recent trip to Iraq, we saw the up-ar- Bayh Harkin Reed Biden Jeffords Abizaid said, ‘‘The FY 2004 Supple- moring taking place in country. They Reid mental Request will permit the serv- Bingaman Johnson Rockefeller are doing it now in specially created Boxer Kennedy Salazar ices to rapidly resolve many of the Byrd Kerry circumstances there. But beyond that, Sarbanes Cantwell Kohl equipment issues you mentioned to in- we have funded the total capacity of Schumer Carper Landrieu clude the procurement of . . . Snowe the plants in the United States to Chafee Lautenberg Humvees.’’ produce up-armor. We have done every- Clinton Leahy Specter We have been told for months that thing we can. If we can find additional Coleman Levin Stabenow the Army’s shortage of Up-Armored Collins Lieberman Talent capacity, we have another supple- Thune Humvees was a thing of the past. The Conrad Lincoln mental coming in the spring, we will Dayton Lugar Voinovich Army could have, and should have, join the Senator in urging more DeWine Mikulski Warner moved much more quickly to correct money. But we have used every dollar Dodd Murray Wyden the problem. As retired General Paul we can for up-armoring in the plants NAYS—43 Kern, who headed the Army Materiel and in facilities. You should see the Allard Domenici Martinez Command until last November, said, Oshkosh plant over there. They are up- Bennett Ensign McCain ‘‘. . . It took too long to materialize.’’ armoring trucks and all sorts of vehi- Bond Enzi McConnell He said, ‘‘In retrospect, if I had it to do Brownback Frist Murkowski cles now in country. Bunning Graham all over, I would have just started Roberts I urge the Senate to understand this Burns Grassley Santorum building up-armored Humvees. The amendment is duplicative. We already Burr Gregg Sessions most efficient way would have been to provided the maximum amount before Chambliss Hagel Shelby Coburn Hatch Smith build a single production line and feed us that we can possibly spend with the Cochran Hutchison Stevens everything into it.’’ existing capacity of the system now, Cornyn Inhofe Sununu In April, GAO released a report that Craig Inouye $240 million for humvees, $150 million Thomas clearly identifies the struggles the for the Army tactical wheeled vehicle. Crapo Isakson DeMint Kyl Vitter Pentagon has faced. In August 2003, In addition to that, we are sending Dole Lott only fifty-one Up-Armored Humvees strikers now. We visited strikers in the NOT VOTING—1 were being produced a month. It took Mosul area. They are enormous sys- the industrial base a year and a half to tems, and they are already armored. Corzine work up to making 400 a month. Now They don’t have to be up-armored. We The PRESIDING OFFICER. On this the Army says they can now get deliv- need more strikers, more armored ve- vote, the yeas are 56, the nays are 43. ery of 550 a month. The question is, hicles, but we are doing the best we Three-fifths of the Senators duly cho- why did it take so long? Why did we go can. And we are using every bit of ca- sen and sworn not having voted in the to war without the proper equipment? pacity the system has. This amend- affirmative, the motion is rejected. Why didn’t we fix it sooner, before so ment will be duplicative of that fund- The point of order is sustained and the many troops have died? ing. amendment falls. According to GAO, there are two pri- I oppose the Senator’s amendment Mr. BAYH. Mr. President, I move to mary causes for the shortage of up-ar- despite my admiration for him and in- reconsider the vote. mored vehicles and add-on-armor kits. sistence that we do the maximum pos- Mr. STEVENS. I move to lay that First, a decision was made to ramp- sible in armoring our vehicles. motion on the table. up production gradually rather than The PRESIDING OFFICER. The Sen- The motion to lay on the table was use the maximum available capacity. ator from West Virginia. agreed to. Second, funding allocations did not Mr. BYRD. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- keep up with rapidly increasing re- imous consent that my name be added ator from Alaska.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11114 CONGRESSIONAL RECORD — SENATE October 5, 2005 Mr. STEVENS. What is now the conventions that enshrine them, such this amendment, and there are people pending business? as the Geneva Conventions and the who are not in uniform who may not AMENDMENT NO. 1977 Treaty on Torture. I know that. But we even be citizens of the United States The PRESIDING OFFICER. There are better than them, and we are who represent us in very strange and are now 6 minutes evenly divided be- stronger for our faith, and we will pre- dangerous places, whose lives may be fore a vote with respect to the McCain vail. put in jeopardy by the process that is amendment No. 1977. I submit to my colleagues that it is spelled out in part of this amendment. Who yields time? indispensable to our success in this war I speak for them. The Senator from Arizona. that our service men and women know I honor all service men and women, Mr. MCCAIN. Mr. President, war is an that in the discharge of their dan- and I really believe they should abso- awful enterprise and I know that. I do gerous responsibilities to their country lutely follow the lifestyle of the Sen- not think I am naive about how severe they are never expected to forget that ator from Arizona, as well as his state- are the wages of war and how terrible they are Americans and the valiant de- ment tonight. But as the leader has are the things that must be done to fenders of a sacred idea of how nations said, there are some changes that have wage it successfully. It is a grim, dark should govern their own affairs and to be made if we are to be faithful to business, and no matter how noble the their relations with others, even our those people who live in the classified cause for which it is fought, no matter enemies. world and will be covered by the classi- how valued their service, many vet- Those who return to us and those fied annex that, if one reads the erans spend much of their subsequent who give their lives for us are entitled amendment, is not covered here. lives trying to forget not only what to that honor. Those of us who have I have to do my best to make sure was done to them and their comrades given them this onerous duty are that when we get to conference people but some of what had to be done by obliged by our history and by the sac- understand that there is that problem. their hand to prevail. rifices, the many terrible sacrifices, Therefore, I shall oppose the amend- I do not mourn the loss of any terror- that they have made in our defense. We ment and try to straighten it out in ist’s life, nor do I care if in the course are obliged to make clear to them that conference. I know it would pass. of serving their noble cause they suf- they need not risk their honor or their I yield back the remainder of our fered great harm. They have pledged country’s honor to prevail; that time. their lives to the intentional destruc- through the violence, chaos, and heart- tion of innocent lives, and they have ache of war, through deprivation and The PRESIDING OFFICER. All time earned their terrible punishment in cruelty and loss, they are always is yielded back. The yeas and nays this life and the next. Americans, and different, better, and have been ordered. The question is on What I do regret, what I do mourn, stronger than those who would destroy agreeing to amendment No. 1977. and what I do care very much about is us. God bless them as He has blessed us The clerk will call the roll. what we lose, what we, the American with their service. The legislative clerk called the roll. service man and woman, and the great The PRESIDING OFFICER. Who Mr. DURBIN. I announce that the Nation they defend at the risk of their yields time? Senator from New Jersey (Mr. CORZINE) lives, when by official policy or by offi- The majority leader. is necessarily absent. cial negligence we allow, confuse, or Mr. FRIST. Mr. President, I rise to The PRESIDING OFFICER (Mr. encourage our soldiers to forget that speak on leader time. I thank Senator THUNE). Are there any other Senators the best sense of ourselves, that which MCCAIN for his efforts on this very im- in the Chamber desiring to vote? is our greatest strength, that we are portant issue that we have been debat- The result was announced—yeas 90, different and better than our enemies, ing, talking about, and focusing upon nays 9, as follows: that we fight for an idea, not a tribe, for a long period of time. It is an im- not a land, not a king, not a twisted in- portant matter that affects both our [Rollcall Vote No. 249 Leg.] terpretation of an ancient religion but American reputation abroad and the YEAS—90 for an idea that all men are created conduct of our military personnel in Akaka Dorgan Martinez equal and endowed by their Creator this global war on terrorism. Alexander Durbin McCain with inalienable rights. It is important to state that the per- Allen Ensign McConnell Baucus Enzi Mikulski I have been asked before where did formance of American servicemembers Bayh Feingold Murkowski the brave men I was privileged to serve in Iraq, Afghanistan, and elsewhere Bennett Feinstein Murray with in Vietnam draw the strength to around the globe has been outstanding, Biden Frist Nelson (FL) has been inspiring, and truly represent- Bingaman Graham Nelson (NE) resist to the best of their ability the Boxer Grassley Obama cruelties inflicted on them by our en- ative of the best our Nation has to Brownback Gregg Pryor emies? Well, they drew strength from offer. This amendment strives to estab- Bunning Hagel Reed our faith in each other, from our faith lish uniform standards for the interro- Burns Harkin Reid Burr Hatch Rockefeller in God, and from our faith in our coun- gation of prisoners and detainees as a Byrd Hutchison Salazar try. means for helping ensure our service Cantwell Inouye Santorum Our enemies did not adhere to the men and women are well trained, well Carper Isakson Sarbanes Geneva Convention. Many of my com- briefed, knowledgeable of their legal, Chafee Jeffords Schumer Chambliss Johnson Shelby rades were subjected to very cruel, professional, and moral duties and obli- Clinton Kennedy Smith very inhumane, and degrading treat- gations. Therefore, I fully support the Coleman Kerry Snowe ment, a few of them even unto death. purpose and intent of this amendment, Collins Kohl Specter Conrad Kyl Stabenow But every single one of us knew and and although I understand it may re- Craig Landrieu Sununu took great strength from the belief quire some fine-tuning to prevent any Crapo Lautenberg Talent that we were different from our en- unintended consequences, I do intend Dayton Leahy Thomas emies, that we were better than them, to vote for it with that in mind. DeMint Levin Thune DeWine Lieberman Vitter that if the roles were reversed, we The PRESIDING OFFICER (Mr. Dodd Lincoln Voinovich would not disgrace ourselves by com- CHAFEE). The Senator from Alaska. Dole Lott Warner mitting or countenancing such mis- Mr. STEVENS. I am compelled to Domenici Lugar Wyden treatment of them. That faith was in- speak in opposition to this amendment, NAYS—9 although I wholeheartedly agree with dispensable not only to our survival Allard Cochran Roberts but to our attempts to return home what the Senator from Arizona has Bond Cornyn Sessions with honor. Many of the men I served said. It was a marvelous statement Coburn Inhofe Stevens made by a man who has every reason with would have preferred death to NOT VOTING—1 such dishonor. to say exactly what he said. I support The enemies we fight today hold such what the majority leader has said, but Corzine liberal notions in contempt as they there is a classified annex to the Army The amendment (No. 1977) was agreed hold in contempt the international Field Manual that is not spelled out in to.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11115 AMENDMENT NO. 1978 Uzbekistan. But the Pentagon wants to The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The time send $23 million to pay past bills. Pay- sufficient second? is evenly divided before a vote with re- ing our bills is important. But more There is a sufficient second. spect to amendment No. 1978. important is America standing up for The yeas and nays were ordered. The Senator from Alaska. itself; avoiding the misimpression that Mr. STEVENS. Parliamentary in- Mr. STEVENS. Mr. President, what we overlook massacres; and avoiding quiry: If the motion is not tabled, it is is the pending business? cash transfers to the treasury of a dic- still subject to a point of order? The PRESIDING OFFICER. The tator just months after he permanently The PRESIDING OFFICER. The McCain amendment No. 1978. evicts American soldiers from his point of order can be made. Mr. STEVENS. Mr. President, if I country. Mr. KERRY. Mr. President, first of could have a minute, I want to warn We should postpone the cash pay- all, I ask unanimous consent that Sen- the Senate that we may be here all ment to the Government of Uzbekistan ators COLLINS, BYRD, OBAMA, and night. We may have to have our cloture for 1 year, at which point the Congress SALAZAR be added as cosponsors. vote after adjournment at about 11:55. can decide whether to renew the prohi- The PRESIDING OFFICER. Without We would vote about 12:55 or 1:05 on bition or make the payment. If it had objection, it is so ordered. cloture. Because if we are to have 30 not been authorization, I would have Mr. KERRY. Mr. President, this hours and still finish by the time some said until a complete and thorough in- amendment is an emergency response people want to leave on Friday, it has vestigation of the massacre was con- to the natural gas shortage and crisis to start at that time or else we have to ducted. that has raised prices all across the get unanimous consent to shorten the Mr. STEVENS. May I ask the Sen- country. In the South, there has been a time. If we vote tomorrow morning at ator from Arizona, would he allow us 17-percent increase in electricity costs. 10, we will be here until 6 o’clock or 7 to adopt this by voice vote? In the Midwest, there has been a 69-per- o’clock Friday afternoon. Just a warn- Mr. MCCAIN. I would be pleased. cent natural gas increase. And in New ing—not yet. We are still trying to Mr. STEVENS. I ask the Senate pro- England, the heating oil prices have work it out. ceed to consider this by voice vote. gone up 29 percent. The industry tells The PRESIDING OFFICER. Who The PRESIDING OFFICER. Is there us that there will be an average of a yields time on the amendment? The objection to vitiating the yeas and $600 increase per family. For people on Senator from Arizona controls the nays? fixed incomes, when you add that to Without objection, the yeas and nays time and the Senator from Alaska con- the cost of tuition increases, gasoline are vitiated. trols the opposition. increases, and health care increases, it Mr. MCCAIN. Mr. President, this The question is on agreeing to the is unaffordable. amendment would prohibit for 1 year amendment. The National Energy Assistance di- the transfer. The amendment (No. 1978) was agreed The PRESIDING OFFICER. The Sen- to. rectorate has told us that 39 percent of ator will suspend for a moment. The Mr. STEVENS. Mr. President, I move those individuals in the country who Senate will be in order. to reconsider the vote. are low income went without medical The Senator from Arizona. Mr. CRAIG. I move to lay that mo- care in order to be able to pay those Mr. McCAIN. Mr. President, this tion on the table. bills. Twenty percent didn’t pay their amendment would prohibit, for 1 year, The motion to lay on the table was rent or their mortgage. the transfer of $23 million in cash to agreed to. I ask colleagues to approve this $3.1 the Government of Uzbekistan. Mr. STEVENS. What is the pending billion emergency LIHEAP allocation. Just this year, the government of business. Mr. KENNEDY. Mr. President, sadly, President Islam Karimov has taken a AMENDMENT NO. 2033 the gap between rich and poor has been number of actions so alarming, that The PRESIDING OFFICER. The widening in our society. The number of one would think this body would be question is on agreeing to the Kerry persons living in poverty in the Nation considering sanctions, not how to amendment No. 2033. A motion to table has increased from 31 million in 2000 to transfer millions of taxpayer dollars to has been made. Who yields time? 37 million today, including 13 million this government. Mr. STEVENS. Mr. President, if the children. Two main parts of the prob- In May, the government massacred Senator will permit me to do so, sec- lem are that wages are stagnant, and up to 1,000 people, mostly unarmed tion 402 of the House Concurrent Reso- the long-term unemployment rate is at men, women, and children protesting lution 95 of the 109th Congress, the fis- historic levels. After Hurricane the government’s corruption, lack of cal year 2006 concurrent resolution Katrina revealed the plight of minori- opportunity, and continued oppression. budget, created a point of order against ties, the ‘‘silent slavery of poverty is The government has rejected all calls an emergency designation on non- not so silent any more.’’ for an independent international in- defense spending. For many, the American dream has quiry and blamed a foreign conspiracy The amendment contains nondefense turned into a nightmare. Families stay for the protest. It even placed blame on spending with an emergency designa- awake at night worrying how to make the United States for the events, say- tion. ends meet. Parents wonder how they Pursuant to that section 402 of S. ing that rebels received money from will feed their children and pay their Con. Res. 95 of the 108th Congress, the the U.S. embassy in Tashkent. bills. fiscal year 2005 concurrent resolution The Uzbek government launched a Significant numbers of Americans on the budget, I make a point of order campaign of anti-American propaganda live year-round with the constant against the emergency designation after its massacre, staging rallies to threat of power shut-offs because they contained in the amendment. can’t pay their energy bills, and there denounce the United States. President Mr. KERRY. Parliamentary inquiry? is no relief in sight. According to the Karimov suggested that the U.S. was The PRESIDING OFFICER. The Sen- Energy Information Administration, behind not just the event in Andijan ator from Massachusetts. but also served as the ‘‘scriptwriters Mr. KERRY. Mr. President, wasn’t energy prices are likely to continue to and directors’’ of the ‘‘colored revolu- there an order already in place for the increase. tions’’ in other countries. motion? The outlook for the coming winter is In July, Karimov’s government an- The PRESIDING OFFICER. A motion bleak. Heating oil will probably cost a nounced that the U.S. will no longer to table has been made. third more than the already high prices have access to the K2 base in Mr. KERRY. Wasn’t there an order Americans paid last year. Families who Uzbekistan, and evicted all U.S. troops already in place for the motion? use natural gas to heat their homes from the country. In addition, his gov- The PRESIDING OFFICER. That will also pay more. The average 2005 ernment has terminated would take precedence over the point price for residential natural gas is esti- counterterrorism cooperation with the of order. mated to be 21 percent higher than it United States. Mr. KERRY. I believe that is accu- was in 2004. This week the EU announced that it rate. I ask for the yeas and nays, Mr. These are not just abstract numbers. will impose sanctions against President. They represent real burdens on real

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11116 CONGRESSIONAL RECORD — SENATE October 5, 2005 people. Minorities, the elderly, and the astated. But, their response to the But now we will be faced with two disabled, and many others are forced to looming energy crisis is far less. votes. Does the Senator wish to have make painful choices between heating The administration and the House of two votes on this amendment? their homes and paying for food, Representatives closed their eyes to Mr. KERRY. Mr. President, I am healthcare, and rent. The good news is the needs of the poor. The House sent happy to change the order to serve the that a highly successful Federal pro- the Senate a continuing resolution purposes of the Senate. gram is available to prevent the poor- which froze funding for the LIHEAP Pursuant to section 402 of H. Con. est of poor from making impossible program. The current funding obvi- Res. 95, which is the concurrent resolu- tradeoffs. LIHEAP grants money to ously isn’t enough. Nineteen percent of tion on the budget, I move to waive low-income families who can’t afford current LIHEAP recipients say they section 402 for the purposes of the the steep cost of energy. The number of keep their home at a temperature they pending amendment, and I ask for the American households receiving feel is unsafe or unhealthy. Eight per- yeas and nays. LIHEAP assistance has increased from cent of recipients report that their Mr. STEVENS. Mr. President, I ask over 4 million in 2002 to 5 million this electricity or gas was shut off in the unanimous consent that we vitiate the year, the highest level in 10 years. past year for nonpayment. vote to table and that we proceed on Ninety-four percent of LIHEAP re- The continuing resolution also cut the motion to waive the point of order. the Community Services Block Grant cipients have at least one member who The PRESIDING OFFICER. Without by 50 percent. These funds are used by is elderly, disabled, a child under the objection, it is so ordered. age of 18, or is a single parent with a many community action agencies to administer the LIHEAP program. Mr. STEVENS. I ask for the yeas and young child. Seventy-seven percent of nays. LIHEAP recipients report an annual According to ABCD, a community ac- The PRESIDING OFFICER. Is there a income at or below $20,000 and 61 per- tion agency in Massachusetts, since sufficient second? There is a sufficient cent of recipients have annual incomes the outreach and application process second. at or below the Federal poverty line. for LIHEAP is handled through the The bad news is that these fortunate ABCD neighborhood network, funding The question is on agreeing to the recipients comprise only 18 percent of cuts will mean that access to this crit- motion. The yeas and nays have been the eligible population. In Massachu- ical survival resource will shrink by ordered. The clerk will call the roll. setts, the participation rate is 22 per- more than 70 percent. Up to 10,500 The assistant legislative clerk called cent, which is still unacceptably low. households—out of a current total of the roll. Last year in Worcester, the city’s 15,000 recipients—may not get their Mr. DURBIN. I announce that the Community Action Council provided benefits. Senator from New Jersey (Mr. CORZINE) fuel assistance to 9,660 households, but Those in Congress who care about is necessarily absent. it processed applications for almost this issue sent an urgent request to the The PRESIDING OFFICER. Are there 11,000 households before the funds ran President to increase the funds, but any other Senators in the Chamber de- out. Many of the unserved households our request has gone unanswered. In a siring to vote? were made up of the working poor, the news conference earlier this week, a re- The yeas and nays resulted—yeas 50, elderly, the disabled, and children. porter asked Energy Secretary Bodman nays 49, as follows: In Franklin and Hampshire counties if the administration plans to ask Con- [Rollcall Vote No. 250 Leg.] in Massachusetts, over 6,000 LIHEAP gress for more funds for assistance for YEAS—50 applications were processed. The low-income families and seniors. Sec- Franklin Community Action Corpora- retary Bodman replied, ‘‘At least at Akaka Durbin Murray Baucus Feingold Nelson (FL) tion reported that emergency applica- this point in time, that’s not on the Bayh Feinstein Obama tions and payment requests increased agenda.’’ Biden Harkin Pryor this past winter. They told me that The administration may not think Bingaman Jeffords Reed the needs of the poor deserve to be on Boxer Johnson Reid this was by far their most stressful Byrd Kennedy year. their agenda, but the States do. They Rockefeller Cantwell Kerry Salazar Across the United States, families are trying to do their part. In Massa- Chafee Kohl Santorum Clinton Landrieu are suffering from high energy prices. chusetts, State legislators want to add Sarbanes Coleman Lautenberg There are far too many stories of fami- $20 million in State funds to LIHEAP, Schumer Collins Leahy lies that were eligible to receive to supplement Federal funds. Conrad Levin Snowe LIHEAP, but didn’t because the money Governors are stepping forward to ac- Dayton Lieberman Specter just wasn’t there. Here are just a few knowledge the problem. A bipartisan DeWine Lincoln Stabenow group of 28 Governors, led by Jennifer Dodd Lugar Talent examples. Wyden A single father just lost his job on Granholm of Michigan, and Mitt Rom- Dorgan Mikulski June 15 and has three children. His ney of Massachusetts, recently sent a NAYS—49 electric bill was $117.33, but he is un- letter to Congress urging additional Alexander Dole McCain able to pay it because he isn’t receiving emergency funds for LIHEAP. They Allard Domenici McConnell unemployment compensation, or any know the importance of this issue first Allen Ensign Murkowski Bennett Enzi other income. He is looking for work hand, and so should we. Nelson (NE) Bond Frist Roberts every day. Even if he is hired soon, his Congress needs to stand up for the Brownback Graham Sessions electricity may be turned off before he millions of Americans struggling to Bunning Grassley Shelby gets his first paycheck. make ends meet. We have the ability to Burns Gregg Smith Burr Hagel Stevens A grandmother taking care of three tell the elderly, and the disabled, and Carper Hatch Sununu grandchildren, ages 14, 11, 5 had an many others that we have heard them, Chambliss Hutchison Thomas and that we won’t leave them shivering Coburn Inhofe electric bill for $195. Her monthly in- Thune come is $904. The house is totally elec- in the cold this winter. LIHEAP pro- Cochran Inouye Cornyn Isakson Vitter tric, so the bills will probably be going vides a critical service to desperate Craig Kyl Voinovich higher. The grandmother also has extra families who have nowhere else to turn Crapo Lott Warner medical expenses, but she too was for basic energy help, and LIHEAP is DeMint Martinez turned away. indispensable in filling that need. I NOT VOTING—1 It is wrong to let people like this suf- strongly support this amendment to in- Corzine fer. So how does the Republican leader- crease these emergency funds. We can’t ship in Congress respond? By cutting or shortchange LIHEAP and all the people The PRESIDING OFFICER. On this freezing funds for essential low income who need our help the most. I urge my question, the yeas are 50, the nays are programs. colleagues to support this amendment. 49. Three-fifths of the Senators duly Hurricanes Katrina and Rita upended Mr. STEVENS. Mr. President, be- chosen and sworn not having voted in the lives of millions of citizens in the cause we had a time agreement that the affirmative, the motion is rejected. Gulf region, and the administration gave each side time before a vote, the The point of order is sustained. was right to release emergency energy point of order I made is subject to that Mr. STEVENS. I move to reconsider funds for the areas that were dev- time agreement, as I understand it. the vote.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11117 Mr. HATCH. I move to lay that mo- 1974, I move to waive the applicable new entitlement program and basically tion on the table. sections of that act for the purpose of take it out of the hands of the Congress The motion to lay on the table was the pending amendment, and I ask for and put it in the hands of the VA. That agreed to. the yeas and nays. is not what I think our veterans would Mr. FRIST. I ask unanimous consent, The PRESIDING OFFICER. Is there a want us to do. notwithstanding rule XXII, the vote on sufficient second? The PRESIDING OFFICER. The the motion to invoke cloture occur fol- There is a sufficient second. question is on agreeing to the motion lowing the last scheduled vote in this The yeas and nays were ordered. to waive the Budget Act. The yeas and sequence, with the mandatory live Ms. STABENOW. Mr. President, I ask nays have been ordered. The clerk will quorum waived. colleagues to support the Stabenow- call the roll. Mr. REID. Reserving the right to ob- Johnson-Thune amendment that guar- The legislative clerk called the roll. ject, I want the record spread with my antees funding for our veterans for Mr. DURBIN. I announce that the appreciation to the Senators from Lou- health care. It takes it out of the an- Senator from New Jersey (Mr. CORZINE) isiana for allowing the Senate to move nual appropriations process where is necessarily absent. forward. We were going to work every year we are wrestling with The PRESIDING OFFICER. Are there through the night and early in the whether the funding is available. This any other Senators in the Chamber de- morning to come up with something year alone already we have had one siring to vote? that would help satisfy their tremen- emergency designation of $1.5 billion The result was announced—yeas 48, dous needs. I appreciate their coopera- because the veterans health care budg- nays 51, as follows: tion so we do not have to be here at 1 et was underfunded this year. We know [Rollcall Vote No. 251 Leg.] o’clock in the morning. there are concerns about next year. YEAS—48 This amendment would do two The PRESIDING OFFICER. Without things. First, the legislation provides Akaka Durbin Murray objection, it is so ordered. Baucus Feingold Nelson (FL) Mr. FRIST. For the information of an annual discretionary amount that Bayh Feinstein Nelson (NE) Biden Harkin Obama our colleagues, what this means is we would be locked in for future years at the 2005 funding level. Then in the fu- Bingaman Jeffords Pryor will vote on the Stabenow amendment Boxer Johnson Reed ture, the VA would receive a sum of next. Immediately following that, we Byrd Kennedy Reid mandatory funding that would be ad- Cantwell Kerry Rockefeller will go to the cloture vote. Following justed year to year based on changes in Carper Kohl Salazar that, there will be no more rollcall demand from the VA health care sys- Chafee Landrieu Sarbanes votes tonight. Clinton Lautenberg Schumer tem as well as rate of inflation. Throughout tomorrow we will have Collins Leahy Snowe This is incredibly important. We Conrad Levin Specter plenty of opportunity for discussion, should not be arbitrarily picking num- Dayton Lieberman Stabenow for debate. We will be voting through- bers in terms of funding veterans Dodd Lincoln Thune Dorgan Mikulski Wyden out tomorrow, as well. There will be no health care. It should be based on the more rollcall votes after the Stabenow brave men and women who have served NAYS—51 vote and cloture vote tonight which who come on home and put on a vet- Alexander DeWine Lugar will immediately follow the Stabenow Allard Dole Martinez eran’s cap. We have more and more Allen Domenici McCain vote. coming home from Afghanistan and Mr. STEVENS. I announce we will Bennett Ensign McConnell Iraq every day. Each and every one of Bond Enzi Murkowski have a managers’ package. We will con- them has been promised health care. Brownback Frist Roberts sider amendments that might be taken The way to guarantee we keep our Bunning Graham Santorum by voice vote after this last scheduled Burns Grassley Sessions promise is to pass this amendment. Burr Gregg Shelby vote. I urge agreement. Chambliss Hagel Smith I have already made the point of Mr. CRAIG. Mr. President, our vet- Coburn Hatch Stevens order against the Stabenow amend- erans deserve all a grateful nation can Cochran Hutchison Sununu ment. To be sure the record is clear, I Coleman Inhofe Talent give them. Over the last 6 years we Cornyn Inouye Thomas make the point of order against the have increased the Veterans budget by Craig Isakson Vitter Kerry amendment and I ask it be over $3 billion a year. Although the Crapo Kyl Voinovich agreed to. Senator from Michigan is right about DeMint Lott Warner The PRESIDING OFFICER. The the dustup this year, we still did it be- NOT VOTING—1 emergency designation has been strick- cause America is grateful for those who Corzine en from the amendment. serve in harm’s way. The PRESIDING OFFICER. On this Mr. STEVENS. Is the record clear I While all veterans are entitled, vote, the yeas are 48, the nays are 51. made the point of order on the should we start a new entitlement pro- Three-fifths of the Senators duly cho- Stabenow amendment? gram, one that is now out of control, sen and sworn not having voted in the The PRESIDING OFFICER. The that we cannot monitor on a yearly affirmative, the motion is rejected, the Chair would inform the Senator an basis as we do through the appro- point of order is sustained, and the emergency point of order has been priating process and the authorizing amendment falls. stricken from—we are still on the process? The Senator is proposing a Mr. STEVENS. Mr. President, I did Kerry amendment. new entitlement program. But she is not hear the last ruling of the Chair. Mr. STEVENS. And I asked it be also saying something else. She is not The PRESIDING OFFICER. The dropped, now. saying those who served is the baseline amendment falls on the point of order. The PRESIDING OFFICER. The of the formula. She is saying those who Mr. STEVENS. Now, the next pend- point of order is sustained under the are entitled. And there is a very real ing business is the cloture vote? Budget Act. difference between those who are enti- The PRESIDING OFFICER. That is AMENDMENT NO. 1937 tled and eligible versus those who seek correct. Mr. STEVENS. Now, is the record service because of need. We pay for Mr. STEVENS. Mr. President, it is clear about my making a point of order those who seek service based on their my understanding we will convene to the Stabenow amendment? If not, I eligibility. We do not create a new en- about 9:30 in the morning. We will be renew the point of order under 302(f) of titlement program. prepared to stay tonight if any Sen- the Congressional Budget Act. The Ask yourselves, do you want to cre- ators wish to discuss amendments fol- amendment requires spending in excess ate a new entitlement program or do lowing the cloture vote. of the committee’s 302(b) allocation for you want to do what we are doing now, Mr. LEVIN. Parliamentary inquiry, the fiscal year concurrent resolution of providing the necessary resources on Mr. President. the Budget, and I ask for the yeas and an annual basis to meet the needs of The PRESIDING OFFICER. The Sen- nays. America’s veterans? ator from Michigan. Ms. STABENOW. Pursuant to section I ask Members to vote no. Do not Mr. LEVIN. Could the Presiding Offi- 904 of the Congressional Budget Act of waive the Budget Act. Do not create a cer tell us how many amendments have

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11118 CONGRESSIONAL RECORD — SENATE October 5, 2005 been filed and how many of them would [Rollcall Vote No. 252 Leg.] I ask that these amendments be con- fall as nongermane? Could the Chair YEAS—94 sidered en bloc, and I ask for their fur- just give us some idea, some estimate? Akaka Domenici McCain ther consideration. The PRESIDING OFFICER. The Alexander Dorgan McConnell The PRESIDING OFFICER. Is there Chair will note that the Parliamen- Allard Durbin Mikulski further debate on the amendments? If Allen Ensign tarian does not have that information Murkowski not, without objection, the amend- Baucus Enzi Murray at this time. Bayh Feingold Nelson (FL) ments are agreed to en bloc. Mr. LEVIN. Can we have an idea as Bennett Feinstein Nelson (NE) The amendments were agreed to en Biden Frist Obama bloc, as follows: to how many are filed? Can we get that Bond Graham Pryor information? Brownback Grassley AMENDMENT NO. 1882, AS MODIFIED Reed Bunning Gregg The PRESIDING OFFICER. There Roberts (Purpose: To increase, with an offset, Burns Hagel amounts available for the procurement of are approximately 140 amendments Burr Harkin Rockefeller filed. Byrd Hatch Salazar Predator unmanned aerial vehicles) Mr. LEVIN. I thank the Chair. Cantwell Hutchison Sarbanes At the appropriate place in title IX, insert Carper Inhofe Schumer the following: I cannot vote for cloture on this bill Sessions Chafee Inouye SEC. ll.(a) ADDITIONAL AMOUNT FOR AIR- because it would make it impossible to Chambliss Isakson Shelby CRAFT PROCUREMENT, AIR FORCE.—The Clinton Jeffords Smith consider highly important amendments amount appropriated by this title under the for our troops and their families and Coburn Johnson Snowe Cochran Kennedy Specter heading ‘‘AIRCRAFT PROCUREMENT, AIR amendments to enhance our Nation’s Coleman Kerry Stabenow FORCE’’ is hereby increased by $130,000,000. security. Collins Kohl Stevens (b) AVAILABILITY OF AMOUNT.—Of the One hundred twenty amendments are Conrad Kyl Sununu amount appropriated by this title under the Cornyn Landrieu Talent heading ‘‘AIRCRAFT PROCUREMENT, AIR filled. The Parliamentarian can’t tell Craig Lautenberg Thomas FORCE’’, as increased by subsection (a), us even how many are relevant but, be- Crapo Leahy Thune Dayton Lieberman $130,000,000 shall be available for purposes as cause they are not technically ger- Vitter DeMint Lincoln follows: mane, will not be permitted to come to Voinovich DeWine Lott (1) Procurement of Predator air vehicles, a vote if cloture is invoked. Dodd Lugar Warner initial spares, and RSP kits. The stakes for our security in the Dole Martinez Wyden (2) Procurement of Containerized Dual Control Station Launch and Recovery Ele- middle of war are too great not to take NAYS—4 ments. an extra few days to consider impor- Bingaman Levin tant relevant amendments. (3) Procurement of a Fixed Ground Control Boxer Reid Station. I vote to take those extra few days NOT VOTING—2 (4) Procurement of other upgrades to Pred- rather than to prematurely end debate. ator Ground Control Stations, spares, and Corzine Santorum I will vote against cloture. signals intelligence packages. CLOTURE MOTION The PRESIDING OFFICER. On this (c) OFFSET.—(1) The amount appropriated The PRESIDING OFFICER. Under vote, the yeas are 94, the nays are 4. by title II for Operation and Maintenance, Air Force is hereby reduced by $130,000,000. the previous order, the Chair lays be- Three-fifths of the Senators duly cho- fore the Senate the pending cloture sen and sworn having voted in the af- AMENDMENT NO. 1923 motion, which the clerk will report. firmative, the motion is agreed to. (Purpose: To make available $4,000,000 from The Senator from Alaska. Research, Development, Test, and Evalua- The legislative clerk read as follows: tion, Defense-Wide, for Oral Anthrax/ AMENDMENTS NOS. 1882, AS MODIFIED; 1923, 1942, CLOTURE MOTION Plague Vaccine Development) AS MODIFIED; 1969, AS MODIFIED; 2001, 2004, AS We the undersigned Senators, in accord- MODIFIED; 2038, AS MODIFIED; AND 2042 At the appropriate place, insert the fol- ance with the provisions of rule XXII of the Mr. STEVENS. Mr. President, we lowing: Standing Rules of the Senate, do hereby SEC. . Of the amount appropriated by have a managers’ package, which is No. ll move to bring to a close debate on H.R. 2863: title IV under the heading ‘‘RESEARCH, DE- the Department of Defense appropriations 6, that I send to the desk. I ask unani- VELOPMENT, TEST, AND EVALUATION, DE- bill. mous consent that they be considered FENSE-WIDE’’, up to $4,000,000 may be used for Bill Frist, Ted Stevens, Daniel Inouye, en bloc. I state for the record that this Oral Anthrax/Plague Vaccine Development. Mel Martinez, Mitch McConnell, Bob includes a Bingaman-Domenici col- AMENDMENT NO. 1942, AS MODIFIED Bennett, George Allen, Chuck Hagel, loquy on the F–117; for Senator HATCH Tom Coburn, Richard Burr, Lisa Mur- (Purpose: To make available $10,000,000 for and others, an amendment on the Air Operation and Maintenance, Air Force, and kowski, John Thune, Lamar Alexander, Force Depot Maintenance Program, as Richard Shelby, Jon Kyl, Jeff Sessions, $20,000,000 for Other Procurement, Air Saxby Chambliss. modified. This is amendment No. 2001; Force, for the implementation of IMT–2000 for Senator SCHUMER and Senator CLIN- 3G Standards Based Communications In- The PRESIDING OFFICER. By unan- TON, amendment No. 2038 on the arse- formation Extension capability for the imous consent, the mandatory quorum nal program support, which is modi- Gulf States and key entities within the Northern Command Area of Responsibility) call has been waived. fied; for Senator HAGEL, a colloquy on The question is, Is it the sense of the supplemental security income; for Sen- At the appropriate place, insert the following: Senate that debate on H.R. 2863, the ator BOND, amendment No. 1923, for Department of Defense Appropriations SEC. ll. (a) IMPLEMENTATION OF LONG- oral anthrax vaccine; for Senator SAR- RANGE WIRELESS CAPABILITIES.—Of the Act of 2006, shall be brought to a close? BANES, amendment No. 1969, as modi- amount appropriated by title II under the The yeas and nays are mandatory fied, for the Naval Academy; for Sen- heading ‘‘OPERATION AND MAINTENANCE, AIR under the rule. The clerk will call the ator MCCONNELL, amendment No. 2042, FORCE’’, up to $10,000,000 may be used by the roll. recognizing U.S. military personnel; United States Northern Command for the The assistant legislative clerk called for Senator LANDRIEU, amendment No. purposes of implementing Long-range wire- the roll. 1942, as modified, for Northern Com- less telecommunications capabilities for the Gulf States and key entities within the Mr. MCCONNELL. Mr. President, I an- mand; for Senator GRAHAM, amend- Northern Command Area of Responsibility nounce that the Senator from Pennsyl- ment No. 2004, as modified, on combat- (AOR). vania (Mr. SANTORUM) is necessarily ant status review tribunals; for Sen- (b) IMPLEMENTATION OF LONG-RANGE WIRE- absent. ator CONRAD, amendment No. 1882, as LESS CAPABILITIES.—Of the amount appro- Mr. DURBIN. I announce that the modified, on Predator aircraft. priated or otherwise made available by title Senator from New Jersey (Mr. CORZINE) The PRESIDING OFFICER. The III under the heading ‘‘OTHER PROCUREMENT, is necessarily absent. Chair notes that amendment No. 2001 is AIR FORCE’’, up to $20,000,000 may be used by The PRESIDING OFFICER. Are there not modified. the United States Northern Command for the purposes of implementing IMT–2000 3G any other Senators in the Chamber de- Mr. STEVENS. Air Force Depot Standards Based Communications Informa- siring to vote? Maintenance, is it not modified? I tion Extension capabilities for the Gulf The yeas and nays resulted—yeas 94, stand corrected. That is not a modified States and key entities within the Northern nays 4, as follows: amendment. Command Area of Responsibility (AOR).

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11119 AMENDMENT NO. 1969, AS MODIFIED TERMINE STATUS OF DETAINEES AT GUANTA- I want to raise the issue of the F–117 (Purpose: To authorize the Secretary of the NAMO BAY, CUBA.—Not later than 180 days Stealth Nighthawk aircraft. Report Navy to donate the World War II-era ma- after the date of enactment of this Act the 109–69 to S. 1042, the National Defense rine railway located at the United States President shall submit to the congressional defense committees and committees on Judi- Authorization Act for fiscal year 2006, Naval Academy to the Richardson Mari- recommends a provision prohibiting re- time Heritage Center, Cambridge, Mary- ciary in the House and Senate the procedures land, for non-commercial purposes) for the Combatant Status Review Tribunals tirement of F–117 aircraft in fiscal year and noticed Administrative Review Boards, 2006. I know that my colleague from On page 220, after line 25, insert the fol- in operation at Guantanamo Bay, Cuba, for New Mexico is aware of this rec- lowing: determining the status of the detainees held SEC. 8116. (a) The Secretary of the Navy ommendation as well. at Guantanamo Bay, including whether any may, subject to the terms and conditions of Mr. BINGAMAN. I am aware of this such detainee is a lawful enemy combatant recommendation and note that it fur- the Secretary, donate the World War II-era or an unlawful enemy combatant. marine railway located at the United States (b) PROCEDURES.—The procedures sub- ther describes the F–117 as the only Naval Academy, Annapolis, Maryland, to the mitted to Congress pursuant to subsection stealthy tactical aircraft capable of de- Richardson Maritime Heritage Center, Cam- (a) shall ensure that— livering certain precision munitions bridge, Maryland. (1) in making a determination of status currently in the inventory. Clearly, (b) The marine railway donated under sub- under such procedures, the Combatant Sta- this is a very important capability for section (a) may not be used for commercial tus Review Tribunal and Annual Review purposes. national security. Boards may not consider statements derived Mr. DOMENICI. I agree with my col- AMENDMENT NO. 2001 from persons that, as determined by the Tri- league’s assessment about the strategic (Purpose: To express the sense of the Senate bunals or Boards, by the preponderance of regarding the investment of funds as called the evidence, were obtained with undue coer- value of the F–117 and note that this for in the Depot Maintenance Strategy and cion. recommendation is further validated Master Plan of the Air Force) (2) the Designated Civilian Official shall be by the House-passed H.R. 2863 which re- In an appropriate place insert the fol- an officer of the United States Government tains the President’s budget request for lowing: whose appointment to office was made by F–117 upgrades and adds $11.1 million in SEC. . SENSE OF THE SENATE REGARDING the President, by and with the advise and operations and maintenance funding to DEPOT MAINTENANCE. consent of the Senate. retain the 10 aircraft scheduled for re- (a) FINDINGS.—The Senate finds that— (c) MODIFICATION OF PROCEDURES.—The President shall submit to Congress any tirement. I would like to ask the dis- (1) the Depot Maintenance Strategy and tinguished chairman for his views con- Master Plan of the Air Force reflects the es- modification to the procedures submitted sential requirements for the Air Force to under subsection (a) no less than 30 days be- cerning the Air Force’s recommenda- maintain a ready and controlled source of or- fore the date on which such modifications go tion to retire 10 F–117s in fiscal year ganic technical competence, thereby ensur- into effect. 2006. ing an effective and timely response to na- (Purpose: To make available $5,000,000 from Mr. STEVENS. I concur with the tional defense contingencies and emergency Procurement of Weapons and Tracked Senators from New Mexico that the F– requirements; Combat Vehicles for the Army for the Ar- 117 is of critical importance to the Na- (2) since the publication of the Depot Main- senal Support Program Initiative and to tion’s precision strike capability. Fur- tenance Strategy and Master Plan of the Air allocate such amounts) thermore, I agree with the Senate Force in 2002, the service had made great At the appropriate place, insert the fol- Armed Services Committee rec- progress toward modernizing all 3 of its De- lowing: pots, in order to maintain their status as SEC. ll. Of the amount appropriated by ommendation that it is premature to ‘‘world class’’ maintenance repair and over- title III under the heading ‘‘PROCUREMENT OF retire any F–117s at this time. haul operations; WEAPONS AND TRACKED COMBAT VEHICLES, Mr. DOMENICI. I thank the distin- (3) 1 of the indispensable components of the ARMY,’’ up to $5,000,000 may be used for the guished chairman for his views on this Depot Maintenance Strategy and Master Arsenal Support Program Initiative for important matter. Plan of the Air Force is the commitment of Watervliet Arsenal, New York. Mr. BINGAMAN. I thank the chair- the Air Force to allocate $150,000,000 a year AMENDMENT NO. 2042 man as well, and look forward to work- over 6 years, beginning in fiscal year 2004, for (Purpose: To recognize U.S. military ing with him; the ranking member, recapitalization and investment, including personnel serving in Afghanistan and Iraq) the procurement of technologically advanced Senator INOUYE and Senator DOMENICI At the appropriate place, insert the fol- on this issue in the future. facilities and equipment, of our Nation’s 3 lowing: SSI ELIGIBILITY Air Force depots; and ‘‘SEC. ll. The Secretary of Defense may (4) the funds expended to date have ensured present promotional materials, including a Mr. HAGEL. Mr. President, currently that transformation projects, such as the United States flag, to any member of an Ac- there are service members in our initial implementation of ‘‘Lean’’ and ‘‘Six tive or Reserve component under the Sec- Armed Forces with disabled dependents Sigma’’ production techniques, have retary’s jurisdiction who, as determined by who have lost or are in danger of losing achieved great success in dramatically re- the Secretary, participates in Operation En- ducing the time necessary to perform depot Supplemental Security Income, SSI, during Freedom or Operation Iraqi Freedom, eligibility or benefits. This issue not maintenance on aircraft. along with other recognition items in con- (b) SENSE OF THE SENATE.—It is the sense junction with any week-long national obser- only affects our regular active duty of the Senate that— vation and day of national celebration, if es- service members, but our mobilized Na- (1) the Air Force should be commended for tablished by Presidential proclamation, for tional Guard and Reserve service mem- the implementation of its Depot Mainte- any such members returning from such oper- bers as well. nance Strategy and Master Plan and, in par- ations.’’ Supplemental Security Income is a ticular, meeting its commitment to invest Federal income supplement program, $150,000,000 a year over 6 years, since fiscal Mr. STEVENS. I move to reconsider year 2004, in the Nation’s 3 Air Force Depots; the vote, and I move to lay that mo- funded by tax revenues, designed to and tion on the table. provide cash to meet basic needs for (2) the Air Force should continue to fully The motion to lay on the table was food, clothing, and shelter for aged, fund its commitment of $150,000,000 a year agreed to. blind, and disabled people. through fiscal year 2009 in investments and PROHIBITION ON RETIREMENT OF F–117 AIRCRAFT Under current law, section 1612(a) of recapitalization projects pursuant to the Mr. DOMENICI. Mr. President, let me the Social Security Act, only military Depot Maintenance Strategy and Master begin by complimenting my friend basic pay is counted as earned income Plan. from Alaska, the chairman of the Sen- for the purposes of determining SSI eli- AMENDMENT NO. 2004, AS MODIFIED ate Appropriations Subcommittee on gibility and benefit amount. Special (Purpose: To require the President to submit Defense, for producing a terrific bill. pay and allowances are counted as un- the procedures for Status Review Tribu- H.R. 2863, the fiscal year 2006 Defense earned income. As a result, a disabled nals and Administrative Review Boards to appropriations bill, is a strong piece of child or spouse of a service member can determine the status of detainees held at Guantanamo Bay, Cuba) legislation that supports the men and lose SSI eligibility or have a benefit re- women of the Armed Forces and duction due to the way military com- At the appropriate place, insert the following: strengthens our security. I would also pensation is presently counted. SEC. ll. (a) SUBMISSION OF PROCEDURES like to recognize my colleague, the Because a significant portion of a FOR COMBATANT STATUS REVIEW TRIBUNALS junior Senator from New Mexico, who service member’s compensation in- AND ADMINISTRATIVE REVIEW BOARDS TO DE- joins us today. cludes special pay and allowances,

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IED attacks are a child or spouse of a service member cordance with rule V of the Standing very real threat to our troops and it is could be ineligible for SSI while the Rules of the Senate, I hereby give no- our responsibility as Members of Con- child or spouse of a civilian worker tice in writing that it is my intention gress to help protect our brave men could be eligible for SSI based on com- to move to suspend paragraph 4 of rule and women fighting overseas. I will parable gross wages. XVI for the purpose of proposing to the work in conference to ensure that we The problem is particularly acute bill, H.R. 2863, a bill making appropria- can maintain the Senate’s funding when a member of the National Guard tions for the Department of Defense for level to purchase CROWS for our or Reserves is called to active duty and the fiscal year ending September 30, troops. begins to receive full military pay, in- 2006, and for other purposes: amend- Mr. STEVENS. Mr. President, I cluding special pay and allowances. In ment No. 2040. thank my colleagues from Colorado some cases, the military pay alone is (The amendment is printed in the and Hawaii for their work on this sufficient to cause a reduction of SSI RECORD of Tuesday, October 4, 2005 issue. They are right. We will continue benefits or a loss of eligibility for the under ‘‘Text of Amendments.’’) to support these systems that provide disabled dependent. This means that at CROWS our service members with the force the critical point when the service Mr. SALAZAR. Mr. President, I wish protection they need. member is called away from his or her to bring up an important subject in- Mr. SALAZAR. Mr. President, I family in the service of our country, volving our soldiers in harm’s way. In thank the chairman and the ranking SSI benefits may be reduced or my State of Colorado and across the member for their leadership on this stopped. country, our fighting men and women issue—and for their careers of service In consideration of the special hard- have suffered casualties while on patrol to and sacrifice for this country. in armored vehicles. Typically, the ships facing military families in a time f of war and to provide more financial gunner sitting on top of the vehicle is security for these families, I have of- at more risk from being hit both be- MORNING BUSINESS fered an amendment that proposes a cause he or she is visible to the enemy Mr. STEVENS. Mr. President, I ask statutory exclusion for all types of spe- and because he or she is not as pro- unanimous consent that there now be a cial pay and allowances received by tected as those troops inside the ar- period for the transaction of morning service members serving on active duty mored vehicle. business, with Senators allowed to I recently received an e-mail from a regardless of duty station. At a time speak therein. Colorado soldier serving in Iraq. This when military service members and The PRESIDING OFFICER. Without brave young man wrote me concerning their families are making such a huge objection, it is so ordered. the combat death of his friend. His sacrifice for our country, it is vital friend was riding in the gunner’s seat f that this step be taken to protect SSI when his Humvee was subjected to an RETIREMENT OF SENATE eligibility for these families. improvised explosive device attack. He FINANCIAL CLERK, TIM WINEMAN Under this proposed statutory feels that his friend might still be alive change, only basic pay, earned income, Mr. BYRD. Mr. President, I have if that Humvee had a Common Re- would be used to determine SSI eligi- often spoken of the importance of the motely Operated Weapons Station— bility for a disabled child or spouse of Senate staff and the Senate’s various CROWS—and he wanted me to know the service member. All compensation support services for the effective work- about it and see if anyone here in provided by special pay and allowances, ings of this great institution. These are Washington could do something about including the basic allowance for hous- the people and the offices that are rare- it. ly mentioned in the newspapers or the ing, BAH, would be excluded. Excluding I think we can do something about it, history books but who are essential to all special pay and allowances would and with the help of my colleagues the effective workings of this institu- eliminate the disadvantageous income from Hawaii and Alaska, we will do tion. They are the people and the of- counting that results from treating a something about it. substantial portion of military com- The CROWS can be mounted on a va- fices who make the jobs of the 100 pensation as unearned income. riety of vehicles, including Humvees. It Members of this Chamber more pleas- Mr. STEVENS. I agree with the Sen- allows the operator to acquire and en- ant and more productive. ator from Nebraska. The provisions of gage targets while protected inside the I cannot even imagine how this insti- the Social Security Act need to be ad- armored vehicle from enemy fire and tution could function without the Sen- dressed in order to ensure Supple- IED attacks. It works with a variety of ate Disbursing Office. In addition to mental Security Income eligibility and machine guns. The sensor suite allows serving as the finance office of the Sen- benefits are not inadvertently taken both day and night time operation. ate, this office maintains our retire- away from those in the armed services This appropriations bill, as it stands ment, health insurance, life insurance, when they need them most. now, allocates $75 million out of the and other human resource programs. Mr. STEVENS. Mr. President, for the emergency supplemental for the mili- For the past 7 years, this most impor- information of Senators, we will retary to purchase CROWS. The House tant Senate office has been headed by sume consideration of this bill tomor- Defense appropriations bill provides no the Senate’s highly capable Financial row following the opening of the Sen- funding for CROWS, which is disheart- Officer, Mr. Tim Wineman. ate at 9:30 a.m. as soon as possible. It ening. The DOD’s program manager Unfortunately, Mr. Wineman will will be my intention to ask that any has advised me that the Pentagon sup- soon be leaving us. He is retiring on votes that are to be taken on this bill ports spending $206 million for the October 14. Therefore, I want to take a be stacked until approximately noon or CROWS system over the next year. few minutes of the Senate’s time to 12:30 in order that the committees may My goal is for the military to be able thank Mr. Wineman for his service, to meet in the morning. There has been a to purchase thousands of these sys- express my appreciation for his out- specific request for that to happen. It tems, but at the moment our produc- standing work, and to say that we will is my understanding that there will be tion capability is only on the order of miss him. a request later that the time consumed 10 systems per month. We have to do Mr. Wineman was born and raised in for cloture be consumed during the pe- better. I ask my colleagues, the chair- the Washington, DC, metropolitan riod of temporary recess this evening man and ranking member of the De- area, graduating from Bethesda-Chevy on into tomorrow morning; is that the fense Subcommittee on Appropria- Chase High School. On October 19, 1970, understanding? tions, for their leadership and assist- he started work as a payroll clerk in The PRESIDING OFFICER. That ance in sustaining the Senate’s posi- the Senate Disbursing Office; he re- unanimous consent request has not yet tion when they get to conference on mained in this office for the next 35 been propounded or agreed to. this matter with the House. years. In September, 1976, Mr.

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Mr. President, I rise His has been an extraordinary career, the 42nd Field Artillery Battalion of today to speak about the need for hate during which he has earned the praise the Fourth Infantry. On June 6, 1944, crimes legislation. Each Congress, Sen- of those who work under and with him Captain Turnipseed participated in the ator KENNEDY and I introduce hate in the Disbursing Office, and the re- momentous D-Day landing on Utah crimes legislation that would add new spect of other Senate staffers and Beach in Normandy. A few months categories to current hate crimes law, Members of this Chamber. During his later, he participated in the Battle of sending a signal that violence of any service in Senate financial leadership the Bulge. He was eventually promoted kind is unacceptable in our society. positions for the past two decades, Mr. to the rank of colonel, served as com- Likewise, each Congress I have come to Wineman has overseen the techno- mander of the 87th Maneuver Area De- the floor to highlight a separate hate logical renovation of the Senate’s fi- tachment in Birmingham, AL, and was crime that has occurred in our coun- nancial affairs and has had a hand both an instructor at the Command and try. in the Senate budget process and the General Staff College in Fort Leaven- On August 18, 2003, in Washington, Senate appropriation’s process. And he worth, KS. DC, Elviv Augusto Perez Morales who proved himself to be an invaluable re- A grateful Nation recognized Colonel lived and dressed as a woman, was al- source to Senate leadership on both Turnipseed’s long and productive mili- legedly killed. According to police, he sides of the aisle. He will be missed and tary career by presenting him with a was allegedly killed by Antonie Jacobs will be very difficult to replace. number of awards and honors. Those who had paid for sex under the impres- I want to congratulate and thank Mr. included the Bronze Star, the Army sion he was dealing with a woman. Wineman for his extraordinary dedica- Commendation Medal, the American Upon learning that the prostitute was tion to the work and traditions of the Defense Service Medal, the American really a man, the customer returned Senate. And I want extend to him and Campaign Medal, and the European-Af- and allegedly shot the prostitute. Pat, his wife of 36 years, my fondest rican-Middle Eastern Campaign Medal. I believe that the Government’s first wishes, and ask the Lord’s blessings as Colonel Turnipseed also had an im- duty is to defend its citizens, to defend they embark upon this new phase of portant and productive civilian career them against the harms that come out their lives. in banking and business. He worked in of hate. The Local Law Enforcement I understand that after relaxing and a number of banks and financial insti- Enhancement Act is a symbol that can enjoying a stress-free environment for tutions in Alabama. In 1968, he became become substance. I believe that by the next 6 months, Tim plans to spend president and chief executive officer of passing this legislation and changing his retirement playing golf and trav- the First National Bank in Brewton. current law, we can change hearts and eling. I urge him to do it. He deserves He eventually held a number of offices minds as well. it. He has earned it. in the Alabama and American Bankers f ‘‘IT MAKES NO DIFFERENCE’’ Associations, including president of the VIOLENCE AGAINST WOMEN ACT, It makes no difference who sang the song, Alabama Bankers Association and vice S. 1197 If only the song was sung; president of the American Bankers As- It makes no difference who did the deed, sociation. In 1973, he became director Mr. LEAHY. Mr. President, I am Be they old in years or young; of the Birmingham Branch of the Fed- pleased that the full Senate has finally If the song was sweet and helped a soul, eral Reserve Bank in Atlanta, and 3 taken up, considered and passed the re- What matters the singer’s name? years later was named Alabama’s authorization of the Violence Against The worth was in the song itself, Small Business Advocate. Women Act, S. 1197, bipartisan legisla- And not in the world’s acclaim. I extend Erma’s and my most heart- tion that will further our goal of end- The song and the deed are one, felt condolences to Mrs. Svendson and ing domestic violence, dating violence, If each be done for love; to her brother, Clarence Lee, and to sexual assault, and stalking. The en- Love of the work, not love of self, her sisters, Rebecca and Margaret. actment of the Violence Against And the ‘‘score’’ is kept above. Women Act over a decade ago marked f It makes no difference who did the deed, an important national commitment to Be they old in years or young; FIRST CHRISTIAN CHURCH OF survivors of domestic violence and sex- If the song was sweet and helped a soul, WEIRTON, WEST VIRGINIA ual assault. I am proud to join Sen- What matters the singer’s name? Mr. BYRD. Mr. President, on July 30 ators BIDEN, HATCH, SPECTER, and oth- The worth was in the song itself, And not in the world’s acclaim. and 31, the First Christian Church of ers as an original cosponsor of this im- Weirton, WV celebrated its 175th anni- portant measure, which currently has The song and the deed are one, If each be done for love; versary. I wish to take a few minutes 58 cosponsors in total. I want to espe- Love of the work, not love of self, of the Senate’s time to extend to this cially recognize Senator BIDEN for his And the ‘‘score’’ is kept above. house of worship, which came into ex- commitment to ending violence —Author Unknown. istence in 1830, 33 years before West against women and children. f Virginia was even a State, my be1ated Earlier in my career as a prosecutor but sincere and heartfelt congratula- in Vermont, I witnessed the dev- THE PASSING OF COLONEL tions. astating effects of domestic violence. CLARENCE LEE TURNIPSEED, JR. For 175 years, the First Christian Violence and abuse affect people of all Mr. BYRD. Mr. President, last Church of Weirton has served our Lord walks of life every day and regardless month, COL Clarence Lee Turnipseed, and ministered to the needs of the re- of gender, race, culture, age, class or Jr., passed away. He was the father of gion by providing comfort and support sexuality. Such violence is a crime and my good friend, and one of the Senate’s to those in need. It has provided aid it is always wrong, whether the abuser best and most indispensable workers, and assistance to unemployed steel is a family member, someone the vic- Mrs. Dot Svendson, who works in the workers, to flood victims, and to those tim is dating, a current or past spouse, Office of the Secretary of the Senate. in need. It has provided a place of faith boyfriend, or girlfriend, an acquaint- With the death of Colonel Turnipseed, and hope for all. ance or a stranger. the State of Alabama has lost an out- I regret that I was not able to par- The National Crime Victimization standing citizen and our Nation has ticipate in what I am sure was a most Survey estimates there were 691,710 lost a true patriot. glorious celebration, but I do want to nonfatal, violent incidents committed Born September 18, 1914, in Union recognize and thank the First Chris- against victims by current and former Springs, AL, Clarence Turnipseed grad- tian Church of Weirton for its wonder- spouses, boyfriends or girlfriends—also

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In 2001, the number fell to and child victimization enforcement offered by Senator KYL, relating to the 5.0 incidents per 1,000 people, nearly a grant program as part of the original national DNA database. Current law 50-percent reduction but still unaccept- VAWA. This program helps make serv- permits States to collect DNA samples ably high. Tragically, however, the sur- ices available to rural victims and chil- from arrested individuals and to in- vey found that 1,600 women were killed dren by encouraging community include arrestee information in State in 1976 by a current or former spouse or volvement in developing a coordinated DNA databases. In addition, States response to combat domestic violence, boyfriend, while in 2000 some 1,247 may use arrestee information to search dating violence and child abuse. Ade- women were killed by their intimate the national DNA database for a pos- quate resources combined with sus- partners. sible ‘‘hit.’’ The only thing that States According to the annual Vermont tained commitment will bring about may not do is upload arrestee informa- Crime Report, the number of forcible significant improvements in rural tion into the national database before rapes reported in Vermont increased in areas to the lives of those victimized a person has been formally charged 2004 to the highest level in 7 years, by domestic and sexual violence. with a crime. while the amount of violent crime re- The rural grants program section of mained unchanged and overall crime VAWA 2005 reauthorizes and expands Under the Kyl amendment, arrestee fell by about 5 percent from 2003. Re- the existing education, training and information can go into the national ported incidents of rape rose by 58 per- services grant programs that address database immediately upon arrest, be- cent, from 117 in 2003 to 185 in 2004. The violence against women in rural areas. fore formal charges are filed, and even average age of the victim was 21, 47 This provision renews the rural VAWA if no charges are ever brought. This percent of victims were younger than program, extends direct grants to adds little or no value for law enforce- 18 years old, in 74 percent of the cases State and local governments for serv- ment, while intruding on the privacy the perpetrator was an acquaintance of ices in rural areas and expands areas to rights of people who are, in our system, the victim, and in a quarter of the include community collaboration presumed innocent. It could also pro- cases the defendant was a family mem- projects in rural areas and the creation vide an incentive for pretextual and ber or intimate partner of the victim. or expansion of additional victim serv- race-based stops and arrests for the In only 1 percent of the cases was the ices. This provision includes new lan- purpose of DNA sampling. Congress re- perpetrator a stranger. These figures guage that expands the program cov- jected this very proposal less than a cause me great concern because violent erage to sexual assault, child sexual as- year ago, after extended negotiations crime has declined nationwide during sault and stalking. It also expands eli- and consultation with the Department that same time period. Numbers like gibility from rural States to rural com- of Justice. these are why reauthorizing VAWA is munities, increasing access to rural The Kyl amendment would also make so vital. sections of otherwise highly populated it harder for innocent people to have Our Nation has made remarkable States. This section authorizes their DNA expunged from a state data- progress over the past 25 years in rec- $55,000,000 annually for 2006 through base. Under current law, if a State ognizing that domestic violence and 2010, which is an increase of $15 million chooses to enter a person’s DNA profile sexual assault are crimes. We have re- per year. into its database before the person is sponded with better laws, social sup- The second grant program initiative convicted of a crime, then the State port, and coordinated community re- on which I have focused is the transi- must automatically expunge that in- sponses. Millions of women, men, chil- tional housing assistance grants for formation in the event that no convic- dren and families, however, continue to victims of domestic violence, dating vi- tion is obtained. Under the new lan- be traumatized by abuse, leading to in- olence, sexual assault or stalking. This guage, even a person who is arrested in creased rates of crime, violence and program, which became law as part of error and released without charge suffering. the PROTECT Act of 2003, authorizes would need to obtain a court order be- The Violence Against Women Act has grants for transitional housing and re- fore his DNA information could be re- provided aid to law enforcement offi- lated services for people fleeing domes- moved from the database. cers and prosecutors, helped stem do- tic violence, sexual assault or stalkers. mestic violence and child abuse, estab- At a time when the availability of af- Databases are important tools to lished training programs for victim ad- fordable housing has sunk to record solving crime, but there are limits to vocates and counselors, and trained lows, transitional housing for victims what should be included in databases. probation and parole officers who work is especially needed. Today more than The Kyl amendment raises serious pri- with released sex offenders. Now we on 50 percent of homeless individuals are vacy concerns that cannot be justified the Judiciary Committee and then the women and children fleeing domestic by any legitimate law enforcement rest of our colleagues in Congress have violence. We have a clear problem that need. I opposed it in committee, I con- the opportunity to reauthorize VAWA is in dire need of a solution. This pro- tinue to oppose it in its current form, and make improvements to vital core gram is part of the solution. and I will press for its exclusion in con- programs, tighten criminal penalties Transitional housing allows women ference. against domestic abusers, and create to bridge the gap between leaving vio- VAWA 2005 is an important part of new solutions to other crucial aspects lence in their homes and becoming self- our efforts to increase awareness of the of domestic violence and sexual as- sufficient. Our bill, VAWA 2005, amends problem of violence, to save the lives of sault. This is an opportunity to help the existing transitional housing pro- battered women, rape victims, and treat children victims of violence, aug- gram by expanding the current direct- children who grow up with violence and ment health care for rape victims, hold assistance grants to include funds for to continue progress against the dev- repeat offenders and Internet stalkers operational, capital and renovation astating tragedy of domestic violence. accountable, and help domestic vio- costs. Other changes include providing I look forward to working with Sen- lence victims keep their jobs. services to victims of dating violence, ators SPECTER and BIDEN, Congressmen Included in VAWA 2005 are reauthor- sexual assault and stalking; extending SENSENBRENNER and CONYERS and other izations of two programs that I ini- the length of time for receipt of bene- members of the upcoming conference tially sponsored that are vital to help- fits to match that used by Housing and to reauthorize the Violence Against ing rural communities battle domestic Urban Development transitional hous- Women Act and thus strengthen the violence in a setting in which isolation ing programs; and updating the exist- prevention of violence against women can make it more difficult for both vic- ing program to reflect the concerns of and children and its devastating costs tims and law enforcement. In a small, the service provision community. The and consequences.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11123 Mr. BIDEN. Mr. President, last night, isting grant programs and we tightened costs too much. This is certainly un- the Senate passed by unanimous con- up the criminal laws. derstandable given our Nation’s finan- sent the Biden-Hatch—Specter Vio- The groups that assisted with draft- cial situation right now, but I have al- lence Against Women Act of 2005, S. ing this bill included the National Coa- ways said that the safety of the Amer- 1197. It is a testament to the under- lition Against Domestic Violence, the ican people is the single most impor- lying goals of this legislation that this National Network to End Domestic Vi- tant responsibility for Federal, State, legislation was unanimously passed olence, the Family Violence Preven- and local governments. And, while and garnered 57 cosponsors from both tion Fund, Legal Momentum, the Na- money doesn’t solve every problem, sides of the aisle. I would like to thank tional Alliance to End Sexual Violence, there are very few, if any, efforts re- Chairman SPECTER for his unyielding the National Center for Victims for lated to preventing violence and fight- efforts to get this bill passed, and I Crime, the American Bar Association, ing crime that can be solved without would like to thank Senator HATCH for the National District Attorneys Asso- money. As such, it is simply a fact that his longstanding support for this effort. ciation, the National Council on Fam- this effort will continue to cost money. The act expired on September 30. The ily and Juvenile Court Judges, the Na- I would argue that the results over the House has passed its legislation, so it is tional Association of Chiefs of Police, past 10 years show that this has been imperative that we get the Violence the National Sheriffs’ Association and money well spent, and I hope that the Against Women Act of 2005 to con- many others. I would personally like to Congress will continue to fund these ef- ference and to the President’s desk im- thank them for the work that they do forts. In fact, there is evidence that we mediately. each and every day to make our Nation have received a net return on this in- The Violence Against Women Act of a better, safer place for its citizens. vestment. A 2002 university study 2005 makes many critical improve- No doubt, the bill that we have found that money spent to reduce do- ments to the original act that we passed today is ambitious. We have mestic violence saved nearly ten times passed over 10 years ago. Many in this made tremendous strides in treating the potential costs through the years Chamber are well aware that I consider domestic violence and sexual assaults of 1995 and 2000. During that time, the the Violence. Against Women Act the as public crimes over the past 10 years. Federal Government spent $1.6 billion single most significant legislation that We have helped ensure that offenders for the act’s programs and, as a result, I have crafted during my 32-year tenure were held accountable, and we created we avoided spending an estimated $14.8 in the Senate. Indeed, the enactment of coordinated community responses to billion on medical, legal and other vic- the Violence Against Women Act in help victims. The Violence Against timization costs that arise from domes- 1994 was the beginning of a historic Women Act of 2005 will help us look be- tic violence. On an individual level, the commitment to women and children yond the immediate crisis and provide bill costs roughly $15.50 per woman in victimized by domestic violence and long-term solutions for victims, and we the United States and saves an esti- sexual assault. Our Nation has been re- will redouble our prevention efforts. mated $159 per woman. This evidence warded for this commitment. Since the This is why we included important ef- suggests that our success in ending act’s passage in 1994, domestic violence forts to ease the housing crisis for vic- family violence cannot be signal to re- has dropped by almost 50 percent, inci- tims fleeing their homes, included ef- duce funding, rather, it is a call to con- dents of rape are down by 60 percent, forts to engage boys and men to pre- tinue to do more. We simply can’t af- and the number of wowen killed by an vent domestic violence from occurring ford to lose the gains that we have abusive husband or boyfriend is down in the first place, enlisted the made. We have found a winning com- by 22 percent. Today, more than half of healthcare community in identifying bination, and we need to stick with it. all rape victims are stepping forward to and treating victims, and to help stop The Senate’s action today dem- report the crime. And since we passed the cycle of abuse suffered by immi- onstrates that eradicating violence the act in 1994 over a million women grant women and provided tough new against women is truly a shared goals, have found justice in our courtrooms regulations for international marriage one that is held by Democrats and Re- and obtained domestic violence protec- brokers to ensure that they provide publicans, one that is upheld by men tive orders. foreign brides with information related and women, and one that is desired by ‘‘This is a dramatic change from 10 to the background of their potential both Government and by the private years ago. Back then, violence in the husband and their rights if they are sector. I would like to thank my col- household was treated as a ‘‘family abused. leagues of the Senate for their support matter’’ rather than a criminal justice Despite all of the strong points of of this important legislation. In par- issue. Because we took action, the this legislation, it could be made bet- ticular, I want to thank Senator criminal justice system is much better ter. In particular, I had hoped that pro- HATCH, a long-standing champion on equipped to handle domestic violence, visions from Senator MURRAY’s Secu- this issue. Since 1990, Senator HATCH and it is treated for what it is, crimi- rity and Financial Empowerment Act, and I have worked together to end fam- nal. The goal of the legislation passed SAFE, would have remained in the bill. ily violence in this country, so it is no is to usher the Violence Against This amendment would provide some great surprise that once again he Women Act into the 21st century. With fundamental economic protections for worked side-by-side with us to craft to- this legislation we attempt to look be- victims of domestic violence and sex- day’s bill. I am also deeply indebted to yond the immediate crisis and takes ual assault. Just as the Family Medical Senator KENNEDY for his unwavering steps to not only punish offenders, but Leave Act protects individuals caring commitment to battered immigrant to also do more to help victims get for a sick loved one, the SAFE Act women and his work on the bill’s immi- their lives back on track, and prevent would allow domestic violence victims gration provisions. I also thank Sen- domestic violence and sexual assault to take time off from work to appear in ator LEAHY who has long-supported the from occurring in the first place. court cases and other judicial pro- Violence Against Women Act and, in This bill is truly a cooperative effort. ceedings without jeopardizing their particular, has worked on the rural As Senator HATCH, Senator SPECTER employment at a time they need it the programs and transitional housing pro- and I drafted this bill, we listened most. The SAFE Act is important leg- visions. Finally, I want to thank my closely to suggestions from both sides islation, and I believe that there is bi- very good friend from Pennsylvania for of the aisle, and we listened carefully partisan support for it. Unfortunately, his commitment and leadership on this to the input from those with wide rang- we were not able to reach a consensus bill. It is a pleasure to work with Sen- ing opinions on how to combat this on this amendment and, as a result, it ator SPECTER, and I want to thank him problem. In particular, we listened to is not part of this final bill. It is my for expeditiously moving this legisla- those who are on the front lines fight- hope that the Senate will revisit this tion through the Judiciary Committee ing to end violence, such as police offi- issue soon, and I look forward to work- and through today’s action by the Sen- cers, emergency room nurses, victim ing with Senator MURRAY in this ef- ate. I look forward to working in the advocates, shelter directors, and pros- fort. future with all of my colleagues to en- ecutors. Based upon these discussions, One of the primary concerns ex- sure that we continue to strive to the we made targeted improvements to expressed about the bill is that it simply important goals of the Violence

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11124 CONGRESSIONAL RECORD — SENATE October 5, 2005 Against Women Act of 2005. This effort their ability to respond to domestic vi- August Wilson spent a good part of will require a bi-partisan commitment. olence in Indian country. Title 9 of this his adult life in Saint Paul, MN, which Again, I am thankful to Senators bill goes a long way toward removing is my home. He worked for a time at REID and FRIST for their work on see- these obstacles at all levels and to en- the Science Museum of Minnesota, ing that bill is passed and to all of my hance the ability of each agency to rewriting educational scripts. As his colleagues who unanimously supported spond to acts of domestic violence work became recognized and his fame the Violence Against Women Act of when they occur. These critical spread, he continued to be seen around 2005. changes to the current law will greatly Saint Paul, working in coffee shops and Mr. MCCAIN. Mr. President, last curb violence against Indian women, other such places, sketching out ideas evening, S. 1197, ;the Violence Against and perhaps even save lives. on the backs of napkins. Women Act, was passed out of the Sen- Again, I thank the members of the In his many plays, Mr. Wilson ate. I commend the Judiciary Com- Senate Judiciary Committee for their brought his audiences back time and mittee for including Title 9, Safety for thoughtful consideration in drafting a again to the neighborhood where he Indian Women, in its bill to reauthor- bill that includes an often forgotten grew up, in the Hill District of Pitts- ize the act. Title 9 focuses on the needs segment of our population, the Na- burgh, PA. Through a series of 10 plays, of Indian tribes to enable them to re- tion’s Indian tribes. he traced the African-American experi- duce and treat incidents of domestic f ence through the ten decades of the violence in Indian country. Among 20th century. The first, ‘‘Jitney,’’ other things, it would authorize the ADDITIONAL STATEMENTS about a city taxi station, was written creation of tribal criminal history in Saint Paul. databases to document domestic vio- CONGRATULATING ASHLEY Decades ago, the poet T.S. Elliot lence convictions and protection orders JEFFERS wrote that, ‘‘Poetry is not an assertion and it creates a new Federal criminal of the truth, but making that truth offense authorizing Federal prosecutors ∑ Mr. BUNNING. Mr. President, today I more fully real to us.’’ America strug- to charge repeat domestic violence of- wish to congratulate Ashley Jeffers of gles with deep divisions on matters of fenders before they seriously injure or Alvaton, KY. Ashley was recently race. The tragic events in the gulf kill someone. S. 1197 also would au- awarded a $15,000 college scholarship as coast have brought that home to us. thorize the Bureau of Indian Affairs po- part of the Girls Incorporated National How desperately we need the kind of lice and certain tribal officers to make Scholars Program. expression of the truth that August arrests for domestic violence assaults Ashley experience at Girls Inc. of Wilson brought to a large audience. committed outside of their presence. Bowling Green, KY is a testament to Facts are important, but we have all Since 1999, the Department of Justice her impressive work ethic, initiative, experienced the frustration of not see- has issued various studies showing that and leadership skills. She joined Girls ing our set of facts ‘‘carry the day.’’ Indian women experience the highest Inc. at the age of 14, and was hired Psychologists have even determined rates of domestic violence compared to shortly after to help teach classes. that we use one part of our brain to all other groups in the United States. Eager to expand the center, Ashley process the ideas of political can- These reports state that one out of learned about other Girls Inc. national didates we support and a different part every three Indian women are victims programs and incorporated new classes of our brain when we are listening to of sexual assault; that from 1979 to into the existing program at Bowling the views of one we don’t. Jerry Garcia 1992, homicide was the third leading Green. Inspired by her experience of the Grateful Dead wrote a line I like: cause of death of Indian females be- working with other young women at ‘‘People ain’t gonna learn what they tween the ages of 15 to 34; and that 75 Girls Inc., Ashley has decided to pursue don’t wanna know.’’ percent of those deaths were com- a career in social work following her But we hold out the hope the art can mitted by a family member or ac- studies at Western Kentucky Univer- find a way through our defenses and quaintance. What we don’t know, how- sity. make truth fully real to us. When ever, is the impact of these violent acts The Girls Inc. National Scholars Pro- Abraham Lincoln met Harriet Beecher on law enforcement, judicial, mental or gram was created in 1992 by a $6.1 mil- Stowe, author of ‘‘Uncle Tom’s Cabin,’’ medical services in Indian country. I lion gift from Lucille Miller Wright, a legend has it that he said, ‘‘So this is am, therefore, pleased to see that this volunteer pilot during World War II, the little woman who started this big bill would authorize a comprehensive who wanted to help young women over- war.’’ study of domestic violence in Indian come financial barriers to attending It is a special honor that August Wil- Country to gauge the impact of these college. Since 1992, the National Schol- son will have a theater on New York’s acts to Indian tribes and their re- ars Program has awarded over $1.8 mil- Broadway named in his honor. The sources. The findings of such a study lion to 304 girls. Minnesota connection in that is the will help the Congress and the adminis- By inspiring other young women to theater has previously born the name tration to better focus resources to become strong, smart, and bold, Ashley of Virginia Binger, the late wife of Jim areas with the greatest need. Jeffers does justice to the legacy of Lu- Binger, one of Minnesota’s great citi- Earlier this Congress, Senator DOR- cille Miller Wright. She is an example zens. The eight Wilson plays that made GAN and I introduced the Restoring of how young Americans can have a it to Broadway were nominated for Safety to Indian Women Act. We positive influence on their commu- more than 50 Tony awards. worked closely with the Senate Judici- nities by participating in mentorship Talking about the blues in a way ary Committee to ensure that the pro- activities such as Girls Inc. that could just as well have been ap- visions of this bill, some of which I I congratulate Ashley on this plied to his own writing, he said: ‘‘You mention here, were given due consider- achievement. She is an inspiration to don’t sing to feel better. You sing ation. Throughout the more com- the citizens of Kentucky. I look for- ‘cause that’s a way of understanding prehensive S. 1197, Indian tribes would ward to seeing all that she will accom- life.’’ be eligible for various grants to en- plish in the future.∑ We recognize the history and forces hance their victim services, judicial f which shaped the life of August Wilson function, and law enforcement service and we honor his life long effort to TRIBUTE TO AUGUST WILSON capacity to the same extent as State make the truth real.∑ ∑ and local governments are eligible. Mr. COLEMAN. Mr. President, I f Domestic violence is a national prob- want to pause in the Senate’s business lem and not one that is unique to In- today to recognize the passing of a A FRIEND TO IDAHO ARTS dian country. Yet, due to the unique great American who we in Minnesota ∑ Mr. CRAPO. Mr. President, I would status of Indian tribes, there are obsta- are proud to call our own: Pulitzer like to recognize an Idahoan, who cles faced by Indian tribal police, Fed- Prize winning poet and playwright Au- through his lifelong love and support of eral investigators, tribal and Federal gust Wilson. He died yesterday at the the arts, has gained national recogni- prosecutors and courts that impede age of 60. tion. Dan Harpole, executive director

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11125 of the Idaho Commission on the Arts, Behind Act, private schools, on the the talented young men and women ICA, since 2002, has recently been other hand, are under no such obliga- who proudly claim PC as their own. named board director of the National tion. Nonetheless, O’Gorman admin- Generations of students and grad- Assembly of States Arts Agencies, isters the Dakota STEP exam to pro- uates of Providence College have en- NASAA. vide parents and supporters a compari- riched our Nation and our State not Dan’s years of energetic and com- son between O’Gorman students and only with their knowledge but just as mitted arts leadership in Idaho and the those of other schools. Unlike the cri- importantly with their character. Northwest made his appointment to teria used to rate public schools, the Father Shanley understands this this position very fitting. He under- standards private schools are required great legacy of Providence College and, stands the intrinsic and overt value to to meet in order to achieve blue ribbon through his effort and his energy, he society of a thriving arts community status are more rigorous, as students will sustain and enhance this extraor- at all levels. In the course of Dan’s must place in the top 10 percent on dinary place. leadership of the Idaho Commission on both the State test and on the national St. Thomas Aquinas, a theologian the Arts, the ICA has developed a new level for reading and math. As noted by who Father Shanley is acquainted strategic plan for its mission and vi- Kyle Groos, principal of O’Gorman with, wrote ‘‘If the highest aim of a sion in Idaho. By reaching out to all High School, the junior class scored in captain were to preserve his ship, he parts of the community, including non- the top 10 percent of schools on the would keep it in port forever.’’ profits, cultural organizations, schools, State test, with more than 90 percent Under Father Shanley, I do not think art professionals, and State and local of students considered proficient or ad- Providence College will get many ‘‘port government officials, the ICA under vanced in reading and math. calls.’’ He will sail forward with deter- Dan’s direction has created a plan that While test scores play a significant mination, faith, and good humor to in- aims to successfully integrate art into role in determining whether a school spire faculty and students to think se- communities across Idaho for the fits the blue ribbon standard, riously, to face the challenges of our greater benefit of all. Dan’s seminal vi- O’Gorman also submitted in its appli- times, and to live a life of character sion was demonstrated to his col- cation a 24-page report detailing the and concern that has always been the leagues in other States when Idaho school’s various attributes. The state- hallmark of Providence College. hosted the NASAA National Conven- ment highlighted students’ high par- I wish him good luck and Godspeed.∑ tion this year. ticipation in the performing arts, the f I want to publicly recognize Dan for school’s many sports championships, BLACK HILLS POW-WOW his continued efforts and accomplish- the 13,000 hours students devoted to ments as well as the commissioners volunteering and community service ∑ Mr. THUNE. Mr. President, it is my and staff for their support. His chil- last year, as well as O’Gorman’s em- distinct pleasure to take this oppor- dren, Hunter and Fiona, are his inspi- phasis on foreign language, math and tunity to inform my colleagues in the ration and joy and we are pleased that theology studies. U.S. Senate about a special event tak- they chose to make Idaho their home. Earning this distinction under No ing place in the beautiful Black Hills of What Idaho has gained by Dan’s exper- Child Left Behind is certainly an South Dakota. In Rapid City, on Octo- tise and enthusiasm will now be shared achievement for all these outstanding ber 7 through October 9, the 19th An- throughout other States as he takes schools; however, O’Gorman was also a nual He Sapa Wacipi and Fine Art the helm of NASAA.∑ blue ribbon school under the Federal Show, otherwise known as the Black Hills Pow-Wow, will be held. Hundreds f Government’s former recognition program that began in 1982. Like the pre- of dancers from throughout the North- HONORING SOUTH DAKOTA’S BLUE vious Blue Ribbon Schools Program, ern Plains and Canada will celebrate, RIBBON SCHOOLS this distinction is one that never ex- compete, and engage in fellowship. ∑ Mr. JOHNSON. Mr. President, it is pires unless the program is replaced. It is also a time of coming together with great pleasure that I rise today to I am proud to have this opportunity and enjoying the fine art and authentic publicly honor and congratulate to honor these three exceptional handmade crafts of many gifted arti- O’Gorman High School of Sioux Falls, schools. It is a privilege for me to share sans. There will also be contemporary Alcester-Hudson Elementary, and Cor- with my colleagues the exemplary indigenous music and handgame tour- sica Elementary on achieving blue rib- leadership and tireless commitment to naments, which have become quite pop- bon status under the Federal No Child education O’Gorman High School, ular with the Native youth in our Left Behind Act. All three schools Alcester-Hudson Elementary, and Cor- State. This year, for the first time, earned the prestigious blue ribbon des- sica Elementary provide to their stu- educators and officials with the Na- ignation based on strong test scores dents. I strongly commend the hard tional Aeronautics and Space Adminis- and a myriad of other successes. work and dedication all the faculty, ad- tration, NASA, will be in attendance These three schools are among only ministrators, and staff devote to these with exhibits and presentations that 295 recognized nationwide this year, three institutions, and I am very will help foster the possibilities of ca- and O’Gorman is 1 of only 40 high pleased that their dedication and the reers in space and technology for South schools to receive this distinction. In students’ substantial efforts are being Dakota youth. fact, O’Gorman is the only high school publicly honored and celebrated. On be- The Tribes of the Great Sioux Nation in the entire Denver region, which in- half of all South Dakotans, I would are a uniquely family-oriented culture cludes South Dakota, North Dakota, like to congratulate these three ex- that has always placed great emphasis Wyoming, Montana, Colorado, and traordinary schools and wish them all and importance on relationships with Utah, to earn this honor. the best.∑ family and friends. Worthy of note, is For public schools such as Alcester- f the Indian way of life that means when Hudson Elementary and Corsica Ele- you walk into their home, you never mentary to qualify for blue ribbon sta- HONORING FATHER BRIAN leave hungry. Their hospitality is leg- tus, they must meet State testing lev- SHANLEY endary. They are kind and generous els or have a student body comprised of ∑ Mr. REED. Mr. President, on July 1, and will give from the bottom of their a high percentage of economically dis- 2005, we welcomed home a son of Provi- hearts. They embrace their spirituality advantaged students, yet demonstrate dence College to assume the presidency as a part of who they are and they re- improvement. Achieving this goal is a of that great institution. Father Brian spect and honor their Creator. wonderful accomplishment and Shanley is a man of great intellect, Their desire to continue their lan- Alcester-Hudson and Corsica elemen- great enthusiasm, and a man of deep guage and traditions is very dear to tary schools ought to be commended. and abiding faith. their hearts. For many years, the lan- Although all South Dakota public He is superbly prepared to continue guage of the Lakota, Dakota and schools are required to take part in Da- the extraordinary progress of Provi- Nakota was in danger of being lost. But kota STEP, the State’s test for track- dence College as a distinguished com- in the last 30 to 40 years, it has begun ing progress under the No Child Left munity of scholars serving to educate to flourish and is being restored,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11126 CONGRESSIONAL RECORD — SENATE October 5, 2005 thanks to those educators, elders and EC–4115. A communication from the Attor- EC–4124. A communication from the Chief, all who recognize its beauty and sig- ney-Advisor, Pipeline and Hazardous Mate- Regulations and Administrative Law, United nificance in our time. The coming gen- rials Safety Administration, Department of States Coast Guard, Department of Home- erations will be a testimony of the im- Transportation, transmitting, pursuant to land Security, transmitting, pursuant to law, the report of a rule entitled ‘‘Hazardous law, the report of a rule entitled ‘‘Special portance of this legacy. Materials Regulations: Minor Editorial Cor- Local Regulations for Marine Events (includ- I would like to take this opportunity rections and Clarifications’’ (RIN2137–AE08) ing 4 regulations): [CGD05–05–005], [CGD05– to give special recognition to the He received on September 26, 2005; to the Com- 05–076], [CGD05–05–075], [CGD05–05-–097]’’ Sapa Wacipi Pow-Wow Association and mittee on Commerce, Science, and Transpor- (RIN1625–AA08) received on September 26, all the volunteers who selflessly give of tation. 2005; to the Committee on Commerce, their time and effort to bring this EC–4116. A communication from the Attor- Science, and Transportation. event together every year. It is a lot of ney-Advisor, National Highway Traffic Safe- EC–4125. A communication from the Pro- ty Administration, Department of Transpor- gram Analyst, Federal Aviation Administra- work, but the end result is a spectacle tation, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- of beauty and pageantry every year. port of a rule entitled ‘‘Make Inoperative mitting, pursuant to law, the report of a rule They can be very proud of all their ef- Provisions; Vehicle Modifications to Accom- entitled ‘‘Modification of Class E Airspace; forts and I officially acknowledge and modate People With Disabilities’’ (RIN2127– Washington, MO’’ ((RIN2120–AA66)(2005–0206)) honor them for their dedication.∑ AJ07) received on September 26, 2005; to the received on September 26, 2005; to the Com- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- f Transportation. tation. EXECUTIVE AND OTHER EC–4117. A communication from the Attor- EC–4126. A communication from the Pro- COMMUNICATIONS ney-Advisor, National Highway Traffic Safe- gram Analyst, Federal Aviation Administra- ty Administration, Department of Transpor- tion, Department of Transportation, trans- The following communications were tation, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule laid before the Senate, together with port of a rule entitled ‘‘Motorcycle Controls entitled ‘‘Modification of Class E Airspace; accompanying papers, reports, and doc- and Displays’’ (RIN2127–AI67) received on Newton, KS’’ ((RIN2120–AA66)(2005–0210)) re- uments, and were referred as indicated: September 26, 2005; to the Committee on ceived on September 26, 2005; to the Com- Commerce, Science, and Transportation. EC–4107. A communication from the Under mittee on Commerce, Science, and Transpor- EC–4118. A communication from the Attor- Secretary of Defense for Personnel and Read- tation. ney-Advisor, National Highway Traffic Safe- EC–4127. A communication from the Pro- iness, transmitting, authorization of the fol- ty Administration, Department of Transpor- gram Analyst, Federal Aviation Administra- lowing officers to wear the insignia of the tation, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- next highest grade in accordance with title port of a rule entitled ‘‘Occupant Protection mitting, pursuant to law, the report of a rule 10, United States Code, section 777: David S. in Interior Impact’’ (RIN2127–AJ60) received entitled ‘‘Modification of Class E Airspace; Gray, Irving L. Halter Jr., John C. Koziol, on September 26, 2005; to the Committee on Abilene Municipal Airport, KS’’ ((RIN2120– Richard Newton III, Allen G. Peck, Eric J. Commerce, Science, and Transportation. AA66)(2005–0208)) received on September 26, Roseborg, Mark K. Hertog and Frank J. EC–4119. A communication from the Chief, 2005; to the Committee on Commerce, Kisner; to the Committee on Armed Serv- Regulations and Administrative Law, United Science, and Transportation. ices. States Coast Guard, Department of Home- EC–4128. A communication from the Pro- EC–4108. A communication from the Under land Security, transmitting, pursuant to gram Analyst, Federal Aviation Administra- Secretary of Defense for Personnel and Read- law, the report of a rule entitled ‘‘Security tion, Department of Transportation, trans- iness, transmitting, a report on the approved Zones; San Francisco Bay, San Pablo Bay, mitting, pursuant to law, the report of a rule retirement of Major General Roger C. Carquinez Strait, Suisun Bay, California’’ entitled ‘‘Modification of Class E Airspace; Schultz, United States Army, and his ad- (RIN1625–AA87) received on September 26, Meade Municipal Airport, KS’’ ((RIN2120– vancement to the grade of lieutenant general 2005; to the Committee on Commerce, AA66)(2005–0207)) received on September 26, on the retired list; to the Committee on Science, and Transportation. 2005; to the Committee on Commerce, Armed Services. EC–4120. A communication from the Chief, Science, and Transportation. EC–4109. A communication from the Under Regulations and Administrative Law, United EC–4129. A communication from the Pro- Secretary of Defense for Acquisition, Tech- States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- nology and Logistics, transmitting, pursuant land Security, transmitting, pursuant to tion, Department of Transportation, trans- to law, a report on the amount of Depart- law, the report of a rule entitled ‘‘Draw- mitting, pursuant to law, the report of a rule ment of Defense purchases from foreign enti- bridge Operations (including 5 regulations): entitled ‘‘Establishment of Class D Airspace; ties in fiscal year 2004; to the Committee on [CGD01–05–082], [CGD05–05–108], [CGD01–05– Eau Claire, WI’’ ((RIN2120–AA66)(2005–0205)) Armed Services. 081], [CGD05–05–117], [CGD01–05–088]’’ received on September 26, 2005; to the Com- EC–4110. A communication from the Under (RIN1625–AA09) received on September 26, mittee on Commerce, Science, and Transpor- Secretary of Defense (Comptroller), trans- 2005; to the Committee on Commerce, tation. mitting, pursuant to law, a report of a viola- Science, and Transportation. EC–4130. A communication from the Pro- tion of the Antideficiency Act by the Depart- EC–4121. A communication from the Chief, gram Analyst, Federal Aviation Administra- ment of the Navy case number 04–06; to the Regulations and Administrative Law, United tion, Department of Transportation, trans- Committee on Appropriations. States Coast Guard, Department of Home- mitting, pursuant to law, the report of a rule EC–4111. A communication from the Under land Security, transmitting, pursuant to entitled ‘‘Modification of Class D and Class E Secretary of Defense (Comptroller), trans- law, the report of a rule entitled ‘‘Safety Airspace; Salina Municipal Airport, KS’’ mitting, pursuant to law, a report of a viola- Zone; New York Super Boat Race, Hudson ((RIN2120–AA66)(2005–0211)) received on Sep- tion of the Antideficiency Act by the Depart- River, New York’’ (RIN1625–AA00) received tember 26 2005; to the Committee on Com- ment of the Navy case number 04–05; to the on September 26, 2005; to the Committee on merce, Science, and Transportation. Committee on Appropriations. Commerce, Science, and Transportation. EC–4131. A communication from the Pro- EC–4112. A communication from the Under EC–4122. A communication from the Chief, gram Analyst, Federal Aviation Administra- Secretary of Defense (Comptroller), trans- Regulations and Administrative Law, United tion, Department of Transportation, transmitting, pursuant to law, a report of a viola- States Coast Guard, Department of Home- mitting, pursuant to law, the report of a rule tion of the Antideficiency Act by the Depart- land Security, transmitting, pursuant to entitled ‘‘Airspace Designations; Incorpora- ment of the Navy case number 04–02; to the law, the report of a rule entitled ‘‘Safety tion by Reference’’ (RIN2120–ZZ76) received Committee on Appropriations. Zones (including 7 regulations): [CGD13–05– on September 26, 2005; to the Committee on EC–4113. A communication from the Trial 027], [COTP Lower Mississippi River–05–008], Commerce, Science, and Transportation. Attorney, National Highway Traffic Safety [CGD05–05–113], [CGD09–05–123], [CGD01–05– EC–4132. A communication from the Pro- Administration, Department of Transpor- 085], [CGD09–05–126], [USCG–2005–22429]’’ gram Analyst, Federal Aviation Administra- tation, transmitting, pursuant to law, the re- (RIN1625–AA00) received on September 26, tion, Department of Transportation, transport of a rule entitled ‘‘Civil Penalties’’ 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule (RIN2127–AJ62) received on September 26, Science, and Transportation. entitled ‘‘IFR Altitudes; Miscellaneous 2005; to the Committee on Commerce, EC–4123. A communication from the Chief, Amendments (7)’’ ((RIN2120–AA63)(2005–0006)) Science, and Transportation. Regulations and Administrative Law, United received on September 26, 2005; to the Com- EC–4114. A communication from the Attor- States Coast Guard, Department of Home- mittee on Commerce, Science, and Transpor- ney-Advisor, Maritime Administration, De- land Security, transmitting, pursuant to tation. partment of Transportation, transmitting, law, the report of a rule entitled ‘‘Special EC–4133. A communication from the Pro- pursuant to law, the report of a rule entitled Local Regulations for Marine Event; Labor gram Analyst, Federal Aviation Administra- ‘‘Maritime Security Program’’ (RIN2133– Day Fireworks Display, South Lake Tahoe, tion, Department of Transportation, trans- AB62) received on September 26, 2005; to the CA’’ (RIN1625–AA08) received on September mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and 26, 2005; to the Committee on Commerce, entitled ‘‘Standard Instrument Approach Transportation. Science, and Transportation. Procedures, Weather Takeoff Minimums;

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11127 Miscellaneous Amendments (142)’’ ((RIN2120– Committee on Commerce, Science, and tion, Department of Transportation, trans- AA65)(2005–0025)) received on September 26, Transportation. mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, EC–4143. A communication from the Pro- entitled ‘‘Airworthiness Directives: Israel Science, and Transportation. gram Analyst, Federal Aviation Administra- Aircraft Industries, Ltd., Model 1124 and EC–4134. A communication from the Pro- tion, Department of Transportation, trans- 1124A Airplanes’’ ((RIN2120–AA64)(2005–0439)) gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule received on September 26, 2005; to the Com- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Model 777 Airplanes’’ ((RIN2120–AA64)(2005– tation. entitled ‘‘Amendment to VOR Federal Air- 0427)) received on September 26, 2005; to the EC–4153. A communication from the Pro- way V–536; MT’’ ((RIN2120–AA66)(2005–0209)) Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- received on September 26, 2005; to the Com- Transportation. tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- EC–4144. A communication from the Pro- mitting, pursuant to law, the report of a rule tation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus EC–4135. A communication from the Pro- tion, Department of Transportation, trans- Model A340–200 and A340–300 Series Air- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(2005–0437)) received tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing on September 26, 2005; to the Committee on mitting, pursuant to law, the report of a rule Model 757 Airplanes’’ ((RIN2120–AA64)(2005– Commerce, Science, and Transportation. entitled ‘‘Second-in-Command Pilot Type 0426)) received on September 26, 2005; to the EC–4154. A communication from the Pro- Rating’’ ((RIN2120–AI38)(2005–0002)) received Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- on September 26, 2005; to the Committee on Transportation. tion, Department of Transportation, trans- Commerce, Science, and Transportation. EC–4145. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–4136. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Bom- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- bardier Model CL–600–2B19 Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0436)) received on Sep- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: tember 26, 2005; to the Committee on Com- entitled ‘‘Airworthiness Directives: Boeing Turbomeca Arrius 2F Turboshaft Engines’’ merce, Science, and Transportation. Model 737–100, –200, –200C, and –300 Series Air- ((RIN2120–AA64)(2005–0425)) received on Sep- EC–4155. A communication from the Pro- planes’’ ((RIN2120–AA64)(2005–0423)) received tember 26, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- on September 26, 2005; to the Committee on merce, Science, and Transportation. tion, Department of Transportation, trans- EC–4146. A communication from the Pro- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–4137. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Pratt gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- and Whitney JT8D–209, –217, –217A, –217C, and tion, Department of Transportation, transmitting, pursuant to law, the report of a rule –219 Turbofan Engines’’ ((RIN2120– mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing AA64)(2005–0441)) received on September 26, entitled ‘‘Airworthiness Directives: Bom- Model 757–200 and –300 Series Airplanes and 2005; to the Committee on Commerce, bardier Model CL–600–2B19 Airplanes’’ Model 767 Series Airplanes’’ ((RIN2120– Science, and Transportation. AA64)(2005–0434)) received on September 26, EC–4156. A communication from the Pro- ((RIN2120–AA64)(2005–0424)) received on Sep- 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- tember 26, 2005; to the Committee on Com- Science, and Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–4147. A communication from the Pro- EC–4138. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Pratt tion, Department of Transportation, trans- tion, Department of Transportation, trans- and Whitney PW2000 Series Turbofan En- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gines’’ ((RIN2120–AA64)(2005–0440)) received entitled ‘‘Airworthiness Directives: Bom- on September 26, 2005; to the Committee on entitled ‘‘Airworthiness Directives: Pilatus bardier Model CL–215–1A10 (Water Bomber), Commerce, Science, and Transportation. Aircraft Ltd. PC–6, PC–6H1, PC–6H2, PC–6/350, CL–215–6B11 (CL215T Variant), and CL–215– EC–4157. A communication from the Pro- PC–6/350–H1, PC–6/350–H2, PC–6/A, PC–6/A–H1, 6B11 (CL415 Variant) Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- PC–6/A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2– AA64)(2005–0435)) received on September 26, tion, Department of Transportation, trans- H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1–H2 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Airplanes’’ ((RIN2120–AA64)(2005–0422)) re- Science, and Transportation. entitled ‘‘Airworthiness Directives: Pratt ceived on September 26, 2005; to the Com- EC–4148. A communication from the Pro- and Whitney JT8D–1, –1A, –1B, –7, –7A, –7B, mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- –9, –9A, –11, –15, –15A, –17, –17A, –17R, –17AR, tation. tion, Department of Transportation, trans- –209, –217, –217A, –217C, and –219 Turbofan En- EC–4139. A communication from the Pro- mitting, pursuant to law, the report of a rule gines’’ ((RIN2120–AA64)(2005–0442)) received gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Avions on September 26, 2005; to the Committee on tion, Department of Transportation, trans- Marcel Dassault-Breguet Model Falcon 10 Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Airplanes’’ ((RIN2120–AA64)(2005–0432)) re- EC–4158. A communication from the Pro- entitled ‘‘Airworthiness Directives: Cirrus ceived on September 26, 2005; to the Com- gram Analyst, Federal Aviation Administra- Design Corporation Models SR20 and SR22 mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA64)(2005–0421)) re- tation. mitting, pursuant to law, the report of a rule ceived on September 26, 2005; to the Com- EC–4149. A communication from the Pro- entitled ‘‘Airworthiness Directives: McDon- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- nell Douglas Model DC–8–11, DC–8–12, DC–8– tation. tion, Department of Transportation, trans- 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– EC–4140. A communication from the Pro- mitting, pursuant to law, the report of a rule 42, and DC–8–43 Airplanes; DC–8–50 Series gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Hartzell Airplanes; DC–8F–54 and DC–8F–55 Airplanes; tion, Department of Transportation, trans- Propeller Inc. Propellers’’ ((RIN2120– DC–8–60 Series Airplanes; DC–8–60F Series mitting, pursuant to law, the report of a rule AA64)(2005–0431)) received on September 26, Airplanes; DC–8–70 Series Airplanes; and DC– entitled ‘‘Airworthiness Directives: AvCraft 2005; to the Committee on Commerce, 8–70F Series Airplanes’’ ((RIN2120– Dornier Model 328–300 Airplanes’’ ((RIN2120– Science, and Transportation. AA64)(2005–0443)) received on September 26, AA64)(2005–0420)) received on September 26, EC–4150. A communication from the Pro- 2005; to the Committee on Commerce, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Science, and Transportation. Science, and Transportation. tion, Department of Transportation, trans- EC–4141. A communication from the Pro- mitting, pursuant to law, the report of a rule f gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Fokker EXECUTIVE REPORTS OF tion, Department of Transportation, trans- Model F27 Mark 200, 400, 500, and 600 Air- COMMITTEES mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(2005–0430)) received entitled ‘‘Airworthiness Directives: Bom- on September 26, 2005; to the Committee on The following executive reports of bardier Model DHC–8–400 Series Airplanes’’ Commerce, Science, and Transportation. committees were submitted: ((RIN2120–AA64)(2005–0428)) received on Sep- EC–4151. A communication from the Pro- By Mr. LUGAR for the Committee on For- tember 26, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- eign Relations. merce, Science, and Transportation. tion, Department of Transportation, trans- *Thomas A. Shannon, Jr., of Virginia, to be EC–4142. A communication from the Pro- mitting, pursuant to law, the report of a rule an Assistant Secretary of State (Western gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Dassault Hemisphere Affairs). tion, Department of Transportation, trans- Model Falcon 2000EX Airplanes’’ ((RIN2120– *Jan E. Boyer, of Texas, to be United mitting, pursuant to law, the report of a rule AA64)(2005–0438)) received on September 26, States Alternate Executive Director of the entitled ‘‘Airworthiness Directives: Goodrich 2005; to the Committee on Commerce, Inter-American Development Bank. De-icing and Specialty Systems ’FASTprop’ Science, and Transportation. *Robert A. Mosbacher, of Texas, to be Propeller De-icers’’ ((RIN2120–AA64)(2005– EC–4152. A communication from the Pro- President of the Overseas Private Invest- 0429)) received on September 26, 2005; to the gram Analyst, Federal Aviation Administra- ment Corporation.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11128 CONGRESSIONAL RECORD — SENATE October 5, 2005 *John J. Danilovich, of California, to be RNC Regents; $32,500, 5/5/04, 2004 Jt. State Elections Committee; $1,000, 8/23/00, Lazio Chief Executive Officer, Millennium Chal- Victory Committee; $4,000, 5/4/04, Jt. Can- 2000; $25,000, 3/20/01, Republican National lenge Corporation. didate Committee; $25,500, 4/13/04, Joint Can- State Elections Committee; $125,000, 4/30/01, *Josette Sheeran Shiner, of Virginia, to be didate Committee; $2,000, 3/29/04, Connie Republican National State Elections Com- United States Alternate Governor of the Mack for Congress; $2,000, 2/24/04, Connie mittee; $(1,000), 10/1/01, Friends of Phil International Bank for Reconstruction and Mack for Congress; $25,000, 2/13/04, RNC Re- Gramm refund; $1,000, 2/18/02, Norm Coleman Development for a term of five years; United gents; $2,000, 11/13/03, Humphreys for Senate; for U.S. Senate; $125,000, 5/14/02, Republican States Alternate Governor of the Inter- $2,000, 11/15/03, Bush Cheney 04; $1,000, 2/4/02, National State Elections Committee; $1,000, American Development Bank for a term of Peter Wareing for Congress; ($1,000), 11/23/01, 7/16/02, Texans for Senator John Cornyn; five years; United States Alternate Governor Refund—Keating for Congress; $1,000, 11/23/01, $1,000, 8/12/02, The Wish List; $1,000, 10/11/02, of the African Development Bank for a term Cathy Keating for Congress; $1,000, 4/18/01, Team Sununu; $1,000, 10/16/02, John Thune for of five years; United States Alternate Gov- Cathy Keating for Congress; $1,000, 4/10/01, South Dakota; $25,000, 3/19/03, Republican Na- ernor of the African Development Fund; Cathy Keating for Congress. tional Committee; $272, 6/30/03, Bush-Cheney United States Alternate Governor of the 2. Children and Spouses: L.F. Rooney, IV ’04 (Primary); $2,000, 11/7/03, Daniel Webster Asian Development Bank; and United States (Larry), $2,000, 3/25/05, Connie Mack for Con- for U.S. Senate; $25,000, 4/8/04, Republican Na- Alternate Governor of the European Bank gress; $12,500, 4/8/04, Republican National tional Committee; $33,000, 5/27/04, 2004 Joint for Reconstruction and Development. Committee; $2,000, 12/3/03, Bush Cheney 04. Candidate Committee; $7,500, 5/27/04, 2004 *Kent R. Hill, of Virginia, to be an Assist- Michael Collins Rooney: $2,000, 3/15/05, Joint State Victory Committee; $1,727, 6/30/ ant Administrator ofthe United States Agen- Connie Mack for Congress; $12,500, 4/8/04, Re- 04, Bush-Cheney ’04 (Primary); $4,000, 8/31/04, cy for International Development. publican National Committee; $2,000, 12/3/03, Martinez for Senate; $(4,000), 9/12/04, 2004 *Jacqueline Ellen Schafer, of the District Bush Cheney 04. Joint Candidate Committee refund; $2,000, 9/ of Columbia, to be an Assistant Adminis- Kathleen Daly Rooney: $2,000, 3/15/05, 15/04, Martinez for Senate; $(2,000), 9/17/04, trator of the United States Agency for Inter- Connie Mack for Congress. 2004 Joint Candidate Committee refund; national Development. 3. Parents: Laurence Francis Rooney, Jr. $2,000, 9/24/04, Friends of Connie Mack; $2,000, *John Hillen, of Virginia, to be an Assist- (Deceased) 9/30/04, Congressman Bill Young Campaign ant Secretary of State (Political-Military Lucy Turner Rooney: $200, 9/30/04, John Committee; $100,000, 12/2/04, Presidential In- Affairs). Sullivan for Congress; $500, 9/15/04, Coburn for augural Committee.2. Spouse: Dawn Hoff- *Barry F. Lowenkron, of Virginia, to be Senate; $200, 7/15/04, Coburn for Senate; $200, man, $250, 12/4/00, Republican Party of Flor- Assistant Secretary of State for Democracy, 1/13/04, John Sullivan for Congress; $250, 6/4/ ida Federal Campaign Account; $25,000, 3/19/ Human Rights, and Labor. 99, Ewing for Congress; $200, 10/7/02, John Sul- 03, Republican National Committee; $2,000, 6/ *Jendayi Elizabeth Frazer, Assistant Sec- livan for Congress. 30/03, Bush-Cheney ’04 (Primary); $2,000, 11/7/ retary of State (African Affairs), to be a 4. Grandparents: Laurence Francis Rooney 03, Daniel Webster for U.S. Senate; $500, 11/20/ Member of the Board of Directors of the Afri- (Deceased); Marguerite R. Rooney (De- 03, Carole Green for Congress; $25,000, 4/8/04, can Development Foundation for the remain- ceased). Republican National Committee; $33,501, 5/27/ der of the term expiring September 27, 2009. 5. Brothers and Spouses: Patrick T. Roo- 04, 2004 Joint Candidate Committee; $7,500, 5/ *Francis Rooney, of Florida, to be Ambas- ney: $500, 10/28/04, Boren for Congress; $1,000, 27/04, 2004 Joint State Victory Committee; sador to the Holy See. 10/4/04, Coburn for Senate; ($2,000), 9/2/04, Re- $4,000, 8/26/04, Martinez for Senate; $(4,000), 9/ Nominee: Francis Rooney (Preferred); Lau- fund—Humphreys for Senate; $250, 6/11/04, 12/04, 2004 Joint Candidate Committee re- rence Francis Rooney, III; L.F. Rooney, III; Boren for Congress; $2,000, 11/14/03, Hum- fund; $2,000, 9/16/04, Martinez for Senate; L. Francis Rooney, III. phreys for Senate; ($2,000), 11/14/03, Refund— $(2,000), 9/17/04, 2004 Joint Candidate Com- The following is a list of all members of Humphreys for Senate; $4,000, 10/30/03, Hum- mittee refund; $$2,000, 9/24/04, Friends of my immediate family and their spouses. I phreys for Senate; $1,000, 9/30/03, Bush Cheney Connie Mack. have asked each of these persons to inform 04. 3. Children and Spouses: Matthew Hoffman, me of the pertinent contributions made by Marianne B. Rooney: $2,000, 9/2/04, Coburn $2,000, 7/3/03, Bush-Cheney ’04 (Primary); them. To the best of my knowledge, the infor Senate; ($2,000), 9/2/04, Refund—Hum- $25,000, 6/24/04, Republican National Com- formation contained in this report is com- phreys for Senate; $2,000, 2/18/04, Bush Cheney mittee. plete and accurate. 04; $2,000, 11/14/03, Humphreys for Senate; Kimberly Hoffman, $2,000, 7/3/03, Bush-Che- Contributions, amount, date, and donee: ($2,000), 11/14/03, Refund—Humphreys for Sen- ney ’04 (Primary). 1. Self $500, 3/21/05, Republican Party of ate; $4,000, 10/30/03, Humphreys for Senate; Melissa Hoffman, $200, 9/1/03, John Kerry Florida; (this contribution was improperly $1,000, 5/10/01, Cathy Keating for Congress. for President. considered a federal contribution and trans- Timothy P. Rooney: $1,000, 2/25/02, Ron Elisabeth Hoffman-Johnson: none. fer to the state party is pending); $1,000, 3/16/ Kirk for Senate. Seth Johnson, none. 05, Fitzpatrick for Congress; $1,000, 3/16/05, Mary M. Rooney: None. Sophie Hoffman, none. Northrup for Congress; $1,000, 3/16/05, Friends James H. Rooney: $12,500, 9/15/04, Repub- of Dave Reichert; $1,000, 3/16/05, Rick Renzi Ava Hoffman, none. lican National Committee; $2,000, 12/4/03, 4. Parents: Nettie Kelton—deceased. for Congress; $1,000, 3/16/05, Friends of Mike Bush Cheney 04. Sodrel; $500, 3/16/05, Norm Coleman for Sen- Alfred Hoffman—deceased. Jennifer Rooney: $12,500, 9/15/04, Repub- ate; $2,000, 3/15/05, Connie Mack for Congress; 5. Grandparents: Jules Kelton—deceased. lican National Committee. $25,000, 2/21/05, RNC Regents; $500, 8/20/04, Re- Gerhardt Hoffman deceased. Sisters and Spouses: Lucy Rooney Kapples: publican Party of Florida; $32,500, 5/5/04, 2004 None. 6. Brothers and Spouses: none. Jt. St. Victory Committee; $24,500, 3/22/04, Jt. John W. (Jack) Kapples: $500, 6/8/04, 7. Sisters and Spouses: Beth Gray, none; Candidate Committee; $1,000, 3/22/04, Bill Raytheon Company PAC. Jack Gray, none; Joy K. Atwood, none; New- McCollum for Senate; $2,000, 3/22/04, Connie Rebecca Rooney: None. ell Atwood, deceased, none; Emilie Anderson, Mack for Congress; $1,000, 2/19/04, Bill McCol- none; Jerry Anderson, deceased, none; Mary lum for Senate; $1,000, 2/21/04, Klein for Con- Jane Rothermel, deceased, none; Ted *Alfred Hoffman, of Florida, to be Ambas- gress; $25,000, 2/11/04, RNC Regents; $2,000, 12/ Rothermel, deceased; Mitzie Ellis, deceased; sador to the Republic of Portugal. 19/03, Connie Mack for Congress; $2,000, 12/19/ Earl Ellis; Rose Shacklett, deceased, Chet Nominee: Alfred Hoffman, Jr. 03, Dan Boren for Congress; $2,000, 11/12/03, Shucklett, deceased. Bush-Cheney ’04, $2,000, 11/11/03, Kirk Hum- Post: Ambassador to Portugal phreys for Senate; $1,500, 7/23/02, Scott Pruitt The following is a list of all members of *Charles A. Ford, of Virginia, to be Ambas- for Senate; ($1,000), 6/18/02, Refund—Jim my immediate family and their spouses. I sador to the Republic of Honduras. Inhofe; $2,000, 4/12/02, Friends of Jim Inhofe; have asked each of these persons to inform $2,000, 1/31/02, Peter Wareing for Congress; me of the pertinent contributions made by Nominee: Charles Ford. $1,000, 12/18/01, John Sullivan for Congress; them. To the best of my knowledge, the in- Post: Honduras. ($1,000), 11/26/01, Refund -Keating for Con- formation contained in this report is com- The following is a list of all members of gress; $1,000, 11/26/01, Cathy Keating for Con- plete and accurate. my immediate family and their spouses. I gress; $1,000, 7/12/01, Senate; Campaign Com- Contributions, amount, date, and donee: have asked each of these persons to inform mittee; $1,000, 7/3/01, Presidents Dinner Com- 1. Self: $75,000, 3/28/00, Republican National me of the pertinent contributions made by mittee; $1,000, 4/9/01, Cathy Keating for Con- State Elections Committee; them. To the best of my knowledge, the in- gress; $1,000, 4/5/01, Cathy Keating for Con- $1,850, 7/8/00, Republican National State formation contained in this report is com- gress; $2,000, 1/9/01, Bush-Cheney Transition. Elections Committee; $1,500, 7/17/00, Repub- plete and accurate. 2. Spouse: Kathleen Rooney, $2,000, 3/15/05, lican National State Elections Committee; Contributions, amount, date, and donee: Connie Mack for Congress; $25,000, 2/21/05, $1,750, 7/17/00, Republican National State 1. Self: none.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11129 2. Spouse: Lillian Ford: none. Heather Johnson-Sargent: $1000.00, 9/30/02, 07/27/2004, Club for Growth PAC; $250, 08/02/ 3. Children and Spouses: Monica, none; Susan M. Collins (Collins for Senator); 2004, Connie Mack for Congress; $4017, 09/28/ Michael, none. $2000.00, 07/08/02, George W. Bush (Bush-Che- 2004, Republican Party of FL; $3125, 09/30/2004, 4. Parents: Marvin Ford—deceased; Wanda ney ’04 Primary, Inc.). Republican Federal Committee of PA; $1638, Ford, none; Tirso Malave—deceased; Ana John Harrison Sargent: $250.00, 11/19/03, 10/01/2004, MO Republican State Committee; Malave—deceased. William Manger (Bill Manger for Congress, $1265, 10/01/2004, Republican Party of MN; 5. Grandparents: Arthur Wahlman—de- Inc.); $2000.00, 07/08/03, George W. Bush (Bush- $1042, 10/01/2004, OR Republican Party; $893, ceased; Flora Wahlman—deceased. Cheney ’04 Primary, Inc.). 10/04/2004, Republican Party of WA; $1487, 10/ 6. Brothers and Spouses: Mark Ford, none. 4. Parents: Frank Crawford La Grange— 04/2004, Republican Party of WI; $745, 10/04/ 7. Sisters and Spouses: none. Deceased; Eileen Morgan La Grange—De- 2004, WV Republican State Executive Com- ceased. mittee; $2975, 10/04/2004, Republican Party of *Mark Langdale, of Texas, to be Ambas- 5. Grandparents: Amelia Webster La OH; $2530, 10/04/2004, AR Leadership Com- sador to the Republic of Costa Rica. Grange—Deceased; Frank C. La Grange—De- mittee 2003 FCRC; $595, 10/06/2004, Republican Nominee: Mark Langdale. ceased. Party of ME; $595, 10/06/2004, NH Republican Post: Ambassador to Costa Rica. 6. Brothers and Spouses: Frank C. La State Committee; $595, 10/06/2004, NH Repub- The following is a list of all members of Grange, Jr.—Deceased; Darlene La Grange: lican State Committee; $595, 10/06/2004, ME my immediate family and their spouses. I None; Charles Evans La Grange: None. Republican Party; $745, 10/07/2004, Republican have asked each of these persons to inform 7. Sisters and Spouses: Mimi La Grange— Central Committee of NV; $1000, 10/19/2004, me of the pertinent contributions made by Deceased; Louise La Grange Hitt—Deceased; Jim DeMint for Senate; $1000, 10/20/2004, Pete them. To the best of my knowledge, the in- Buman Hitt, None. Coors for Senate; $2000, 10/25/2004, Friends of formation contained in this report is com- Dave Reichert; $1000, 10/25/2004, John Thune plete and accurate. *Alexander R. Vershbow, of the District of for Senate; $1000, 10/28/2004, Tom Coburn for Contributions, amount, date, and donee. Columbia, to be Ambassador to the Republic Senate; $1000, 10/29/2004, Cathy McMorris for 1. Self: $1,000, 10/2002, Bill Schuster; $1,000, of Korea. Congress; $1000, 03/26/2005, Friends of Dave 10/2002, Texas Victory; $1,000, 6/2003, Bill Nominee: Vershbow, Alexander R. Reichert. Schuster; $1,500, 6/2003, Bush/Cheney; $25,000, Post: Seoul, Republic of Korea. 12/2003, Republican National Committee. The following is a list of all members of 2. Spouse: Robert J. Herbold: $7900, 01/30/ 2. Spouse: $2,000, 6/2003, Bush/Cheney. my immediate family and their spouses. I 2001, RNC Republican National State Elec- 3. Children and Spouses: None. have asked each of these persons to inform tions Committee; $5000, 09/29/2001, TechNet 4. Parents: Bedelle Langdale: $2,000, 6/2003, me of the pertinent contributions made by Federal PAC; $5000, 08/28/2002, Microsoft PAC; Bush/Cheney. them. To the best of my knowledge, the in- $1000, 07/11/2003, Friends of Jennifer Dunn; 5. Grandparents: None. formation contained in this report is com- $2000, 07/23/2003, Bush-Cheney 2004 Primary; 6. Brothers and Spouses: None. plete and accurate. $2000, 12/15/2003, Nethercutt for Senate; $2000, 7. Sisters and Spouses: John T. Brewer: Contributions, amount, date, and donee. 12/15/2003, Nethercutt for Senate; $1000, 03/26/ $1,000, 6/2003, Bush/Cheney. 1. Self: None. 2005, Friends of Dave Reichert. 2. Spouse: None. 3. Children and Spouses: Donna M. Herbold, *Brenda LaGrange Johnson, of New York, 3. Children and Spouses: Benjamin $0; James & Lisa Herbold: $25, 2004, John to be Ambassador to Jamaica. Vershbow; $100, 2004, John Kerry; $50, 2004, Kerry; Gregory & Alexa Herbold: $25, 2004, Nominee: Branda LaGrange Johnson. Wesley Clark; $25, 2003, Howard Dean. John Kerry. The following is a list of all members of Gregory Vershbow: $40, 2004, John Kerry. 4. Parents: William J. Kruse—(deceased); my immediate family and their spouses. I 4. Parents: Arthur: None. Mary Louise Kruse—(deceased). have asked each of these persons to inform 5. Grandparents: N/A. me of the pertinent contributions made by 6. Brothers and Spouses: N/A. 5. Grandparents: Edward A. Winter—(de- them. To the best of my knowledge, the in- 7. Sisters and Spouses: Ann Vershbow: ceased); Stella M. Winter—(deceased). formation contained in this report is com- None; Charles Beitz: $200, 2004, John Kerry. 6. Brothers and Spouses: Bill & Mona plete and accurate. * Patricia Louise Herbold, of Washington, Kruse: $0. Contributions, amount, date, and donee. to be Ambassador to the Republic of Singa- 7. Sisters and Spouses: Clare & Dick Kulp, 1. Self: $1,565.00, 01/31/01, RNC Republican pore. $0; Judith & Joseph Murray, $100, 7/2002, National State Elections Committee; $250.00, Nominee: Patricia Louise Herbold. Harland Hale; $75, 6/2004, Pat McGrath; Jayne 02/16/01, The Wish List; $1,000.00, 12/07/01, Eliz- Post: Ambassador to Singapore. & Frank Simms, $0. abeth Dole Committee, Inc.; $500.00, 02/21/02, The following is a list of all members of Susan Collins (Collins for Senator); $1,000.00, my immediate family and their spouses. I 09/12/02, Gov. George Pataki event; $1,000.00, have asked each of these persons to inform *William Paul McCormick, of Oregon, to be 12/06/02, Suzanne Haik Terrell (Terrell for me of the pertinent contributions made by Ambassador to New Zealand, and serve con- Senate); $2,000.00, 06/17/03, Bush-Cheney; them. To the best of my knowledge, the in- currently and without additional compensa- $1,000.00, 09/16/03, Arnold Schwarzenneger formation contained in this report is com- tion as Ambassador to Samoa. event; $500.00, 12/26/03, Arlen Specter (Citi- plete and accurate. Nominee: William P. McCormick. zens for Arlen Specter); $1,000.00, 08/13/04, Fed Contributions, amount, date, and donee: Post: Ambassador to New Zealand. 1. Self: $1000, 08/09/2001, Friends of Jennifer Political Action Committee (AKA FED The following is a list of all members of Dunn; $250, 06/20/2001, Richard Keller for Con- PAC); $12,500.00, 10/12/04, 2004 Joint State my immediate family and their spouses. I gress; $250, 06/16/2001, Randy Forbes for Con- VIC, Alexandria, VA; $500.00, 10/27/04, Friends have asked each of these persons to inform gress; $500, 01/29/2002, Jim Patterson for Con- of Howard Mills; $1,562.00, 11/05/04, Republican me of the pertinent contributions made by gress; $500, 01/30/2002, Garrett for Congress Federal Committee of Pennsylvania; $521.00, them. To the best of my knowledge, the in- 2002; $1000, 02/11/2002, Washington State Re- 10/24/04, Republican Party of Iowa; $1,000.00, formation contained in this report is com- publican party; $250, 02/16/2002, John Thune 02/21/04, Driscoll for Congress; $1,000.00, 09/30/ plete and accurate. 02, Collins for Senator; $3,000.00, 04/01/05, Re- for South Dakota; $500, 02/24/2002, Trent publican National Committee; $297.00, 10/27/ Matson for Congress; $250, 03/31/2002, Friends Contributions, donee, date, and amount: 04, New Hampshire Republican State Com- of Jennifer Dunn; $250, 04/01/2002, Scott 1. Self: National Restaurant Assoc. PAC, mittee; $250.00, 04/01/02, Wish List. Armey for Congress; $250, 06/28/2002, Sydney 2001, $5000.00; Ed Tinsley for Congress, 2002, 2. Spouse: J. Howard Johnson: $1,000.00, 06/ Hay for Congress; $250, 06/29/2002, Friends of $1000.00; National Restaurant Assoc. PAC, 10/03, George W. Bush (Bush for President, Jeb Hensarling; $250, 08/23/2002, David Fisher 2002, $5000.00; Gordon Smith Victory Com- Inc.); $2,000.00, 10/03, Bush/Cheney kickoff for Congress; $1500, 10/17/2002, Club for mittee, 2002, $2000.00; Oregon Republican event. Growth PAC; $750, 10/29/2002, Friends of Jen- Party Federal Account (Gordon Smith Vic- 3. Children and Spouses: Frank La Grange nifer Dunn; $250, 11/01/2002, Norma Smith for tory Committee), 2002, $5000.00; Oregon Re- Johnson: $2,000.00, 10/03, Bush/Cheney Kickoff Congress; $250, 04/16/2003, Carl Isett Cam- publican Party Non-Federal (Gordon Smith event; $500.00, 02/23/04, William Manger (Bill paign; $250, 06/30/2003, Pat Toomey for Con- Victory Committee), 2002, $13,000.00; Repub- Manger for Congress, Inc.); $1,500.00, 07/07/04, gress; $500, 09/30/2003, Pat Toomey for Con- lican Eagles RNC, 2002, $15,000.000; The 2002 William Manger (Bill Manger for Congress, gress; $1000, 07/11/2003, Friends of Jennifer President’s Dinner (RNC), 2002, $12,500.00; Na- Inc.); $1,000.00, 10/30/04, John S. McCain Dunn; $2000, 07/23/2003, Bush-Cheney ’04 Pri- tional Restaurant Assoc. PAC, 2003, $5000.00; (Friends of John McCain). mary; $2000, 12/15/2003, Nethercutt for Senate; Bush/Cheney 04, 2003, $2000.00; Greg Walden Susan Ely Johnson: $2,000.00, 10/03, Bush/ $2000, 12/15/2003, Nethercutt for Senate; $250, for Congress, 2003, $1560.01; Republican Na- Cheney kickoff event. 12/18/2003, Jane Hague for Congress; $500, 01/ tional Committee, 2003, $15,000.000; Gordon Brett Matthew Johnson: $2000.00, 07/03/03, 14/2004, Cathy McMorris for Congress; $250, 03/ Smith U.S. Senate, 2003, $1029.06; Republican George W. Bush (Bush-Cheney ’04 Primary 22/2004, Arlene Wohlgemuth for Congress; National Committee, 2004, $10,000.00; Rogers Inc.). $250, 03/30/2004, John Swallow for Congress; for Congress, 2004, $2000.00; GO PAC, 2004, Grant Douglas Johnson: $2000.00, 07/03/03, $250, 03/31/2004, Pat Toomey for Congress; $1000.00; Jim Feldkamp for Congress, 2004, George W. Bush (Bush-Cheney ’04 Primary $500, 04/15/2004, Pat Toomey for Congress; $2000.00; Coleman for Senate, 2004, $1000.00; Inc.). $250, 08/16/2004, Tom Coburn for Senate; $5000, Herman Cain for US Senate, 2004, $1000.00;

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11130 CONGRESSIONAL RECORD — SENATE October 5, 2005 National Restaurant Assoc. PAC, 2004, S. 1825. A bill to amend the Employee Re- CRAPO) was added as a cosponsor of S. $5000.00; Zupanzic for Congress, 2004, $2000.00; tirement Income Security Act of 1974 and the 381, a bill to amend the Internal Rev- Bush/Cheney 04, 2004, 25.82. Internal Revenue Code of 1986 to revise the enue Code of 1986 to encourage guaran- 2. Spouse: Gail McCormick: National Res- funding and deduction rules for multiem- taurant Association, 2002, $2500.00; Bush/Che- ployer defined benefit plans, and for other teed lifetime income payments from ney 04, 2003, $2000.00; Oregon Republican purposes; to the Committee on Finance annuities and similar payments of life insurance proceeds at dates later than Party, 2004, $10,000.00. f 3. Children and Spouses: Megan Clingham death by excluding from income a por- & Gavin Clingham—None; Andrew C. McCor- SUBMISSION OF CONCURRENT AND tion of such payments. mick & Merilee McCormick—None; Alex- SENATE RESOLUTIONS S. 407 ander McCormick—None; Sarah Marie The following concurrent resolutions McCormick—None; Mary Alice McCormick— At the request of Mr. JOHNSON, the None; Thomas Callaghan McCormick—None. and Senate resolutions were read, and name of the Senator from Illinois (Mr. 4. Parents: Mathew Murtaugh McCor- referred (or acted upon), as indicated: DURBIN) was added as a cosponsor of S. mick—Deceased; Mary Elizabeth Callaghan By Mr. FEINGOLD: 407, a bill to restore health care cov- McCormick—Deceased. S. Res. 265. A resolution recognizing 2005 as erage to retired members of the uni- 5. Grandparents: Mathew James McCor- the year of the 50th Anniversary of the Crop formed services, and for other pur- mick—Deceased; Anne McCormick—De- Science Society of America; to the Com- ceased; Edward Callaghan—Deceased; Mary mittee on Agriculture, Nutrition, and For- poses. Maher Callaghan—Deceased. estry. S. 503 6. Brothers and Spouses: Edward James By Mr. HATCH: At the request of Mr. BOND, the name McCormick—None; Mathew Murtaugh S. Res. 266. A resolution designating the of the Senator from Maine (Ms. SNOWE) McCormick and Patricia McCormick—None. month of October 2005, as ‘‘Family History was added as a cosponsor of S. 503, a 7. Sisters and Spouses: Mary Jane Gervais Month’’; considered and agreed to. and Andres Gervais—None. By Mr. FRIST (for himself and Mr. bill to expand Parents as Teachers pro- Foreign Service nomination of Robert S. REID): grams and other quality programs of Connan. S. Res. 267. A resolution to authorize testi- early childhood home visitation, and *Nomination was reported with rec- mony, document production, and legal rep- for other purposes. resentation in State of New Hampshire v. ommendation that it be confirmed sub- S. 513 Anne Miller, Mary Lee Sargent, Jessica ject to the nominee’s commitment to Ellis, Lynn Chong, Donald Booth, Eileen At the request of Mr. GREGG, the respond to requests to appear and tes- Reardon; considered and agreed to. name of the Senator from Arkansas tify before any duly constituted com- f (Mr. PRYOR) was added as a cosponsor mittee of the Senate. of S. 513, a bill to provide collective (Nominations without an asterisk ADDITIONAL COSPONSORS bargaining rights for public safety offi- were reported with the recommenda- S. 98 cers employed by States or their polit- tion that they be confirmed.) At the request of Mr. ALLARD, the ical subdivisions. f name of the Senator from Ohio (Mr. S. 842 INTRODUCTION OF BILLS AND VOINOVICH) was added as a cosponsor of At the request of Mr. NELSON of Flor- JOINT RESOLUTIONS S. 98, a bill to amend the Bank Holding ida, his name was added as a cosponsor Company Act of 1956 and the Revised of S. 842, a bill to amend the National The following bills and joint resolu- Statutes of the United States to pro- tions were introduced, read the first Labor Relations Act to establish an ef- hibit financial holding companies and ficient system to enable employees to and second times by unanimous con- national banks from engaging, directly sent, and referred as indicated: form, join, or assist labor organiza- or indirectly, in real estate brokerage tions, to provide for mandatory injunc- By Mr. INHOFE (for himself and Mr. or real estate management activities, tions for unfair labor practices during COBURN): and for other purposes. S. 1820. A bill to designate the facility of organizing efforts, and for other pur- S. 241 the United States Postal Service located at poses. At the request of Ms. SNOWE, the 6110 East 51st Place in Tulsa, Oklahoma, S. 914 name of the Senator from Utah (Mr. shall be known and designated as the At the request of Mr. ALLARD, the BENNETT) was added as a cosponsor of ‘‘Dewey F. Bartlett Post Office’’; to the Com- name of the Senator from Maine (Ms. mittee on Homeland Security and Govern- S. 241, a bill to amend section 254 of the COLLINS) was added as a cosponsor of S. mental Affairs. Communications Act of 1934 to provide 914, a bill to amend the Public Health By Mr. REID (for himself, Mr. OBAMA, that funds received as universal service Mr. BAYH, Mr. KENNEDY, Mr. HARKIN, contributions and the universal service Service Act to establish a competitive Mr. DURBIN, Mr. REED, Mr. DODD, support programs established pursuant grant program to build capacity in vet- Mrs. MURRAY, Ms. MIKULSKI, Mrs. to that section are not subject to cer- erinary medical education and expand CLINTON, Mr. KOHL, and Mr. DAYTON): the workforce of veterinarians engaged S. 1821. A bill to amend the Public Health tain provisions of title 31, United States Code, commonly known as the in public health practice and bio- Service Act with respect to preparation for medical research. an influenza pandemic, including an avian Antideficiency Act. influenza pandemic, and for other purposes; S. 246 S. 969 to the Committee on Health, Education, At the request of Mr. BUNNING, the At the request of Mr. OBAMA, the Labor, and Pensions. name of the Senator from South Da- name of the Senator from Louisiana By Mrs. MURRAY (for herself and Ms. kota (Mr. JOHNSON) was added as a co- (Ms. LANDRIEU) was added as a cospon- CANTWELL): sor of S. 969, a bill to amend the Public S. 1822. A bill to amend titles XVIII and sponsor of S. 246, a bill to repeal the XIX of the Security Act to make improve- sunset of the Economic Growth and Health Service Act with respect to ments to the implementation of the medi- Tax Relief Reconciliation Act of 2001 preparation for an influenza pandemic, care prescription drug benefit; to the Com- with respect to the expansion of the including an avian influenza pandemic, mittee on Finance. adoption credit and adoption assist- and for other purposes. By Mrs. HUTCHISON: ance programs. S. 1035 S. 1823. A bill to empower States and local S. 309 governments to prosecute illegal aliens and At the request of Mr. INHOFE, the to authorize the Secretary of Homeland Se- At the request of Mr. DEMINT, the name of the Senator from Illinois (Mr. curity to establish a pilot Volunteer Border name of the Senator from Virginia (Mr. DURBIN) was added as a cosponsor of S. Marshal Program; to the Committee on the ALLEN) was added as a cosponsor of S. 1035, a bill to authorize the presen- Judiciary. 309, a bill to amend the Internal Rev- tation of commemorative medals on By Mr. KERRY (for himself and Mr. enue Code of 1986 to provide for the dis- behalf of Congress to Native Americans SCHUMER): position of unused health benefits in who served as Code Talkers during for- S. 1824. A bill to amend the Internal Rev- cafeteria plans and flexible spending eign conflicts in which the United enue Code of 1986 to strengthen the earned income tax credit; to the Committee on Fi- arrangements. States was involved during the 20th nance. S. 381 century in recognition of the service of By Mr. SANTORUM (for himself and At the request of Mr. SMITH, the those Native Americans to the United Ms. STABENOW): name of the Senator from Idaho (Mr. States.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11131 S. 1244 lina (Mrs. DOLE) was added as a cospon- At the request of Mr. BAYH, the name At the request of Mr. GRASSLEY, the sor of S. 1772, a bill to streamline the of the Senator from New Jersey (Mr. name of the Senator from Georgia (Mr. refinery permitting process, and for LAUTENBERG) was added as a cosponsor ISAKSON) was added as a cosponsor of S. other purposes. of amendment No. 1933 proposed to 1244, a bill to amend the Internal Rev- S. 1786 H.R. 2863, supra. enue Code of 1986 to allow individuals a At the request of Mr. LOTT, the name At the request of Mr. CORZINE, his deduction for qualified long-term care of the Senator from Alaska (Mr. STE- name was added as a cosponsor of insurance premiums, use of such insur- VENS) was added as a cosponsor of S. amendment No. 1933 proposed to H.R. ance under cafeteria plans and flexible 1786, a bill to authorize the Secretary 2863, supra. spending arrangements, and a credit of Transportation to make emergency At the request of Mr. BYRD, his name was added as a cosponsor of amend- for individuals with long-term needs. airport improvement project grants-in- ment No. 1933 proposed to H.R. 2863, S. 1343 aid under title 49, United States Code, supra. At the request of Ms. LANDRIEU, the for repairs and costs related to damage name of the Senator from Illinois (Mr. from Hurricanes Katrina and Rita. AMENDMENT NO. 1937 At the request of Ms. STABENOW, the DURBIN) was added as a cosponsor of S. S. 1817 names of the Senator from North Da- 1343, a bill to support the establish- At the request of Mr. DEMINT, the kota (Mr. DORGAN), the Senator from ment or expansion and operation of names of the Senator from Kansas (Mr. Massachusetts (Mr. KERRY), the Sen- programs using a network of public and ROBERTS), the Senator from Idaho (Mr. ator from Massachusetts (Mr. KEN- private community entities to provide CRAIG), the Senator from Florida (Mr. NEDY) and the Senator from Delaware mentoring for children in foster care. MARTINEZ) and the Senator from Vir- (Mr. BIDEN) were added as cosponsors S. 1463 ginia (Mr. ALLEN) were added as co- of amendment No. 1937 proposed to At the request of Mr. KERRY, the sponsors of S. 1817, a bill to suspend the H.R. 2863, a bill making appropriations name of the Senator from Wyoming Davis-Bacon Wage rate requirements for the Department of Defense for the (Mr. ENZI) was added as a cosponsor of for Federal contracts in areas declared fiscal year ending September 30, 2006, S. 1463, a bill to clarify that the Small national disasters. and for other purposes. Business Administration has authority S.J. RES. 25 AMENDMENT NO. 1970 to provide emergency assistance to At the request of Mr. TALENT, the At the request of Mr. DODD, the non-farm-related small business con- name of the Senator from Colorado names of the Senator from West Vir- cerns that have suffered substantial (Mr. ALLARD) was added as a cosponsor ginia (Mr. BYRD), the Senator from Illi- economic harm from drought. of S.J. Res. 25, a joint resolution pro- nois (Mr. DURBIN) and the Senator from S. 1523 posing an amendment to the Constitu- Massachusetts (Mr. KERRY) were added At the request of Ms. SNOWE, the tion of the United States to authorize as cosponsors of amendment No. 1970 name of the Senator from Georgia (Mr. the President to reduce or disapprove proposed to H.R. 2863, a bill making ap- ISAKSON) was added as a cosponsor of S. any appropriation in any bill presented propriations for the Department of De- 1523, a bill to amend the Internal Rev- by Congress. fense for the fiscal year ending Sep- enue Code of 1986 to make permanent S. CON. RES. 56 tember 30, 2006, and for other purposes. increased expensing for small busi- At the request of Mrs. FEINSTEIN, the AMENDMENT NO. 1974 nesses. name of the Senator from Hawaii (Mr. At the request of Mr. LOTT, the S. 1578 INOUYE) was added as a cosponsor of S. names of the Senator from Maine (Ms. At the request of Mr. ALLARD, the Con. Res. 56, a concurrent resolution SNOWE), the Senator from South Caro- name of the Senator from New Mexico expressing appreciation for the con- lina (Mr. GRAHAM), the Senator from (Mr. BINGAMAN) was added as a cospon- tribution of Chinese art and culture Maine (Ms. COLLINS) and the Senator sor of S. 1578, a bill to reauthorize the and recognizing the Festival of China from California (Mrs. FEINSTEIN) were Upper Colorado and San Juan River at the Kennedy Center. added as cosponsors of amendment No. Basin endangered fish recovery imple- S. RES. 182 1974 intended to be proposed to H.R. mentation programs. At the request of Mr. COLEMAN, the 2863, a bill making appropriations for S. 1699 name of the Senator from South Caro- the Department of Defense for the fis- At the request of Mr. SPECTER, the lina (Mr. GRAHAM) was added as a co- cal year ending September 30, 2006, and name of the Senator from Illinois (Mr. sponsor of S. Res. 182, a resolution sup- for other purposes. DURBIN) was added as a cosponsor of S. porting efforts to increase childhood AMENDMENT NO. 1977 1699, a bill to amend title 18, United cancer awareness, treatment, and re- At the request of Mr. ALEXANDER, his States Code, to provide criminal pen- search. name was added as a cosponsor of alties for trafficking in counterfeit S. RES. 253 amendment No. 1977 proposed to H.R. marks. At the request of Mr. SCHUMER, the 2863, a bill making appropriations for S. 1737 name of the Senator from Ohio (Mr. the Department of Defense for the fis- At the request of Mr. SANTORUM, the VOINOVICH) was added as a cosponsor of cal year ending September 30, 2006, and name of the Senator from Oklahoma S. Res. 253, a resolution designating for other purposes. (Mr. COBURN) was added as a cosponsor October 7, 2005, as ‘‘National ‘It’s Aca- At the request of Mr. MCCAIN, the of S. 1737, a bill to prohibit entities demic’ Television Quiz Show Day.’’ names of the Senator from Illinois (Mr. DURBIN), the Senator from Rhode Is- that provide nuclear fuel assemblies to AMENDMENT NO. 1911 land (Mr. CHAFEE) and the Senator Iran from providing such assemblies to At the request of Ms. SNOWE, the from New Hampshire (Mr. SUNUNU) the United States, and for other pur- name of the Senator from Vermont were added as cosponsors of amend- poses. (Mr. JEFFORDS) was added as a cospon- ment No. 1977 proposed to H.R. 2863, S. 1761 sor of amendment No. 1911 proposed to supra. At the request of Mr. THUNE, the H.R. 2863, a bill making appropriations At the request of Mr. LEVIN, his name name of the Senator from Wyoming for the Department of Defense for the was added as a cosponsor of amend- (Mr. ENZI) was added as a cosponsor of fiscal year ending September 30, 2006, ment No. 1977 proposed to H.R. 2863, S. 1761, a bill to clarify the liability of and for other purposes. supra. government contractors assisting in AMENDMENT NO. 1933 At the request of Mr. WARNER, his rescue, recovery, repair, and recon- At the request of Mr. KENNEDY, his name was added as a cosponsor of struction work in the Gulf Coast region name was added as a cosponsor of amendment No. 1977 proposed to H.R. of the United States affected by Hurri- amendment No. 1933 proposed to H.R. 2863, supra. cane Katrina or other major disasters. 2863, a bill making appropriations for At the request of Mr. SALAZAR, his S. 1772 the Department of Defense for the fis- name was added as a cosponsor of At the request of Mr. INHOFE, the cal year ending September 30, 2006, and amendment No. 1977 proposed to H.R. name of the Senator from North Caro- for other purposes. 2863, supra.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11132 CONGRESSIONAL RECORD — SENATE October 5, 2005 AMENDMENT NO. 1978 AMENDMENT NO. 2038 member of the Senate. I share his vi- At the request of Mr. MCCAIN, the At the request of Mr. SCHUMER, the sion of advocating common sense Okla- name of the Senator from New Hamp- name of the Senator from New York homa values including less government shire (Mr. SUNUNU) was added as a co- (Mrs. CLINTON) was added as a cospon- bureaucracy, less regulation, lower sponsor of amendment No. 1978 pro- sor of amendment No. 2038 proposed to taxes and fiscal responsibility. posed to H.R. 2863, a bill making appro- H.R. 2863, a bill making appropriations Dewey Bartlett’s political philosophy priations for the Department of De- for the Department of Defense for the was consistent with the Constitutional fense for the fiscal year ending Sep- fiscal year ending September 30, 2006, intention to not encumber Americans tember 30, 2006, and for other purposes. and for other purposes. with layers of bureaucracy, but to pro- AMENDMENT NO. 1991 AMENDMENT NO. 2043 mote individual liberty, freedom and At the request of Mr. KENNEDY, the At the request of Mr. LOTT, the name justice. I am pleased that we can honor name of the Senator from Tennessee of the Senator from Texas (Mr. albeit in a small way, his service to our (Mr. ALEXANDER) was added as a co- CORNYN) was added as a cosponsor of country by naming a post office in sponsor of amendment No. 1991 pro- amendment No. 2043 intended to be pro- Tulsa, OK after him. posed to H.R. 2863, a bill making appro- posed to H.R. 2863, a bill making appro- I encourage my colleagues to join me priations for the Department of De- priations for the Department of De- in support of this legislation as we fense for the fiscal year ending Sep- fense for the fiscal year ending Sep- commemorate an outstanding citizen tember 30, 2006, and for other purposes. tember 30, 2006, and for other purposes. so that future generations will be challenged by his example. AMENDMENT NO. 1992 f At the request of Mr. BYRD, the name STATEMENTS ON INTRODUCED By Mr. REID (for himself, Mr. of the Senator from Wisconsin (Mr. BILLS AND JOINT RESOLUTIONS OBAMA, Mr. BAYH, Mr. KEN- FEINGOLD) was added as a cosponsor of By Mr. INHOFE (for himself and NEDY, Mr. HARKIN, Mr. DURBIN, amendment No. 1992 proposed to H.R. Mr. COBURN): Mr. REED, Mr. DODD, Mrs. MUR- 2863, a bill making appropriations for S. 1820. A bill to designate the facil- RAY, Ms. MIKULSKI, Mrs. CLIN- the Department of Defense for the fis- ity of the United States Postal Service TON, Mr. KOHL, and Mr. DAY- cal year ending September 30, 2006, and located at 6110 East 51st Place in Tulsa, TON): for other purposes. Oklahoma, as the ‘‘Dewey F. Bartlett S. 1821. A bill to amend the Public AMENDMENT NO. 2003 Post Office’’; to the Committee on Health Service Act with respect to At the request of Mr. GRAHAM, the Homeland Security and Governmental preparation for an influenza pandemic, name of the Senator from Massachu- Affairs. including an avian influenza pandemic, setts (Mr. KERRY) was added as a co- Mr. INHOFE. Mr. President, I rise and for other purposes; to the Com- sponsor of amendment No. 2003 in- today along with my colleague, TOM mittee on Health, Education, Labor, tended to be proposed to H.R. 2863, a COBURN, to proudly introduce legisla- and Pensions. bill making appropriations for the De- tion to designate the facility of the Mr. REID. Mr. President, four years partment of Defense for the fiscal year United States Postal Service located at after 9/11, the government was sup- ending September 30, 2006, and for 6110 East 51st Place in Tulsa, OK as the posed to be prepared for a crisis like other purposes. ‘‘Dewey F. Bartlett Post Office’’. Hurricane Katrina. Yet as we all saw, AMENDMENT NO. 2022 Dewey Follett Bartlett, former Gov- the government was not. We owe it to the American people to do better in the At the request of Ms. LANDRIEU, her ernor and distinguished alumnus of name was added as a cosponsor of this Senate body, emulated the Okla- future. amendment No. 2022 intended to be pro- homa spirit of innovative leadership, Once again, the experts are warning posed to H.R. 2863, a bill making appro- hard work, and public service. In his us. This time, it’s not about levees or priations for the Department of De- honor, I proudly seek to name a post terrorists. It’s about another pandemic fense for the fiscal year ending Sep- office in his hometown of Tulsa, OK. flu. tember 30, 2006, and for other purposes. We commemorate an outstanding pub- According to the experts, another lic servant so that posterity will be pandemic flu is not a matter of if but AMENDMENT NO. 2023 challenged by his example, just as we a question of when. As Dr. Julie At the request of Mr. SALAZAR, his have been. Gerberding of the Centers for Disease name was added as a cosponsor of Although he was not actually born in Control put it: ‘‘. . . many influenza amendment No. 2023 intended to be pro- Oklahoma, Dewey Bartlett naturalized experts, including those at CDC, con- posed to H.R. 2863, a bill making appro- as fast as he could. While studying at sider the threat of a serious influenza priations for the Department of De- Princeton University, he came home pandemic to the United States to be fense for the fiscal year ending Sep- during summers to work in Oklahoma high. Although the timing and impact tember 30, 2006, and for other purposes. oil fields just as I did. He moved to my of an influenza pandemic is unpredict- AMENDMENT NO. 2033 hometown, Tulsa, in 1945 to assume a able, the occurrence is inevitable and At the request of Mr. KERRY, the managing role in his family’s business potentially devastating.’’ names of the Senator from Vermont after his military service during World The devastation caused by Hurricane (Mr. LEAHY), the Senator from Min- War II. Katrina would pale in comparison to nesota (Mr. DAYTON), the Senator from Dewey Bartlett shared my dedication the potential consequences of a global Michigan (Ms. STABENOW), the Senator to a strong national defense. As a pandemic. A respected U.S. health ex- from Iowa (Mr. HARKIN), the Senator member of the Senate Armed Services pert has concluded that 1.7 million from Minnesota (Mr. COLEMAN), the Committee and a pilot myself, I appre- Americans would die in the first year Senator from Maine (Ms. SNOWE), the ciate Mr. Bartlett for his military serv- alone of an outbreak. A pandemic flu Senator from Connecticut (Mr. DODD), ice to our country. He was awarded the outbreak in the Untied States today the Senator from Michigan (Mr. Air Medal for his distinguished efforts could cost our economy hundreds of LEVIN), the Senator from New Mexico in the Pacific Theater during World billions of dollars due to death, lost (Mr. BINGAMAN), the Senator from War II. Not only did he serve in the productivity and disruptions to com- Maine (Ms. COLLINS), the Senator from U.S. Marine Corps as a combat dive- merce and society. West Virginia (Mr. BYRD), the Senator bomber pilot, he championed the mili- Perhaps the only thing more trou- from Illinois (Mr. OBAMA) and the Sen- tary during his service in the Senate. bling than contemplating the possible ator from Colorado (Mr. SALAZAR) were During his tenure in the Senate, consequences of an avian flu pandemic added as cosponsors of amendment No. Bartlett was more than once deemed is recognizing that neither this Nation 2033 proposed to H.R. 2863, a bill mak- the most conservative member of the nor the world are prepared to deal with ing appropriations for the Department Senate. It is an Oklahoma distinction it. of Defense for the fiscal year ending that I have sought to uphold. Last Our National Pandemic Plan is still September 30, 2006, and for other pur- year, the American Conservative Union in draft stages. We lack the capacity to poses. ranked me as the most conservative rapidly manufacture vaccines in mass

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11133 quantities. We barely have enough we may develop more efficient methods up to 734,000 would be hospitalized, during antiviral medication for 2 percent of of producing vaccines. Our bill would the next pandemic. The costs of the pan- our population. Our health care infra- enhance our vaccine production capac- demic, including the total direct costs asso- structure is not prepared to handle a ity by creating a guaranteed market ciated with medical care and indirect costs of lost productivity and death, are estimated pandemic. And the medical commu- for seasonal flu vaccine through a fed- at between $71,000,000,000 and $166,500,000,000. nity, businesses, and general public eral buyback program for a portion of These costs do not include the economic ef- need to be better prepared. unsold doses. And among other provi- fects of pandemic on commerce and society. These are just a few ways we are not sions, our bill will improve access to (4) Recent studies suggest that avian influ- as prepared as we should be. vaccinations during a pandemic by en- enza strains, which are endemic in wild birds America can do better. An avian flu hancing annual flu vaccination cov- and poultry populations in some countries, pandemic may be inevitable, but the erage for uninsured and underinsured are becoming increasingly capable of causing devastating consequences are not. We adults and children. severe disease in humans and are likely to need to heed the warnings and take ac- cause the next pandemic flu. Our legislation will ensure that we (5) In 2004, 8 nations—Thailand, Vietnam, tion immediately. have enough antivirals, vaccines and Indonesia, Japan, Laos, China, Cambodia, Last week, the Senate unanimously other essential medications and sup- and the Republic of Korea—experienced out- approved an amendment offered by plies in the Strategic National Stock- breaks of avian flu (H5N1) among poultry Senators HARKIN, OBAMA, KENNEDY, pile. Specifically, our bill requires that flocks. Cases of human infections were con- DURBIN and me that will begin to pro- we procure enough antiviral medica- firmed in Thailand, Cambodia, Indonesia, vide the resources necessary to protect tion to cover a minimum of 50 percent and Vietnam (including a possible human-to- Americans against this looming threat. of the population for the Strategic Na- human infection in Thailand). Today, I am proud to introduce, (6) As of September 29, 2005, 116 confirmed tional Stockpile. This legislation will human cases of avian influenza (H5N1) have along with Senators OBAMA, BAYH, protect Americans from the price- been reported, 60 of which resulted in death. KENNEDY, HARKIN and DURBIN, the Pan- gouging of medications during a pan- Of these cases, 91 were in Vietnam, 17 in demic Preparedness and Response Act demic, and establishes a mass tracking Thailand, 4 in Cambodia, and 4 in Indonesia. of 2005. This legislation builds on our and distribution system for vaccines (7) On February 21, 2005, Dr. Julie commitment to protecting Americans and antiviral medications so we can di- Gerberding, Director of the Centers for Dis- by preparing for the possibility of a rect medications and vaccines to where ease Control and Prevention, stated that pandemic. they are needed the most. ‘‘this is a very ominous situation for the Specifically, the Pandemic Prepared- The Pandemic Preparedness and Re- globe . . . the most important threat we are ness and Response Act will ensure that facing right now.’’. sponse Act will also improve our surge (8) On February 23, 2005, Dr. Shigeru Omi, we have a national plan to address a flu capacity so that the American people Asia regional director of the World Health pandemic. Under our bill, a new Direc- can be assured there will be an ade- Organization (WHO), stated with respect to tor of Pandemic Preparedness and Re- quate supply of health care providers the avian flu, ‘‘We at WHO believe that the sponse within the Executive Office of and institutions to care for them in the world is now in the gravest possible danger the President will be responsible for fi- event of a pandemic. Our bill will also of a pandemic.’’. nalizing and carrying out the National ensure that public education and (9) The best defense against influenza Pandemic Influenza Preparedness Plan. awareness campaigns targeted to busi- pandemics is a heightened global surveil- There should be no question about who lance system. In many of the nations where nesses, health care providers and the avian flu (H5N1) has become endemic the is in charge of preparing our nation for American public related to pandemic early detection capabilities are severely this looming threat. This new position preparedness are conducted. lacking, as is the transparency in the health will also ensure that, in the event of a And finally, the Pandemic Prepared- systems. pandemic, we will have a single senior ness and Response Act will ensure that (10) In addition to surveillance, pandemic official whose primary responsibility is adequate resources are available to ad- preparedness requires domestic and inter- to coordinate the federal government’s dress this looming threat. national coordination and cooperation to en- response and ensure coordination be- I hope that my colleagues will join sure an adequate medical response, including tween local governments and the prime in supporting this legislation so we communication and information networks, public health measures to prevent spread, vate sector. This is serious responsi- may ensure that we do everything pos- use of vaccination and antivirals, provision bility, and our bill will ensure that the sible to prepare and protect Americans of health outpatient and inpatient services, new Director is held accountable for from the threat of a global flu pan- and maintenance of core public functions. preparing and protecting Americans demic. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH against the threat of a pandemic. I ask unanimous consent that the SERVICE ACT. Our bill will improve surveillance text of the bill be printed in the Title XXI of the Public Health Service Act and international partnerships so we RECORD. (42 U.S.C. 300aa–1 et seq.) is amended by add- may detect the emergence of a flu There being no objection, the bill was ing at the end the following: strain with pandemic potential imme- ordered to be printed in the RECORD, as ‘‘Subtitle 3—Pandemic Influenza diately. Specifically, our bill estab- follows: Preparedness lishes and implements a comprehensive S. 1821 ‘‘SEC. 2141. DEFINITION. diplomatic strategy targeted at na- ‘‘For purposes of this subtitle, the term Be it enacted by the Senate and House of Rep- ‘State’ shall have the meaning given such tions most at risk for an epidemic of resentatives of the United States of America in term in section 2(f) and shall include Indian avian influenza. It also provides assist- Congress assembled, tribes and tribal organizations (as defined in ance for international surveillance and SECTION 1. SHORT TITLE. section 4(b) and 4(c) of the Indian Self-Deter- medical care, and creates an Inter- This Act may be cited as the ‘‘Pandemic mination and Education Assistance Act). national Fund to support pre-pandemic Preparedness and Response Act’’. ‘‘SEC. 2142. NATIONAL DIRECTOR OF PANDEMIC influenza control and relief activities SEC. 2. FINDINGS. PREPAREDNESS AND RESPONSE. in countries affected by avian influ- Congress makes the following findings: ‘‘(a) APPOINTMENT.—The President shall (1) The Department of Health and Human appoint an individual to serve as the Na- enza. Services reports that an influenza pandemic tional Director of Pandemic Preparedness Domestic surveillance efforts will has a greater potential to cause rapid in- and Response (referred to in this section as also be bolstered by our legislation. creases in death and illness than virtually the ‘Director’) within the Executive Office of Our bill improves state surveillance ca- any other natural health threat. the President. pacity, and expands efforts by the De- (2) Three pandemics occurred during the ‘‘(b) RESPONSIBILITIES.—The Director partment of Agriculture to prevent 20th century: the Spanish flu pandemic in shall— pandemic avian influenza. 1918, the Asian flu pandemic in 1957, and the ‘‘(1) serve as the chairperson of the Pan- The Pandemic Preparedness and Re- Hong Kong flu pandemic in 1968. The Spanish demic Influenza Preparedness Policy Coordi- sponse Act will improve our capacity flu pandemic was the most severe, causing nating Committee (as described in section over 500,000 deaths in the United States and 2143); to develop, produce and distribute a more than 20,000,000 deaths worldwide. ‘‘(2) coordinate the Federal interagency vaccine that will be effective against a (3) The Centers for Disease Control and preparation for a pandemic; pandemic flu. It will expand research Prevention has estimated conservatively ‘‘(3) coordinate the Federal interagency re- at the National Institutes of Health so that up to 207,000 Americans would die, and sponse to a pandemic;

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11134 CONGRESSIONAL RECORD — SENATE October 5, 2005 ‘‘(4) oversee approval of State pandemic ‘‘(J) ensure the availability of food, water, ‘‘(III) international collaboration and co- plans to ensure nationwide preparedness and other essential items during a pandemic; ordination efforts; and standards and regional coordination as pro- ‘‘(K) provide guidance on needed State and ‘‘(IV) recommendations and a timeline for vided for under section 2144(b)(3); local authority to implement public health implementation of such plan. ‘‘(5) ensure coordination between the gov- measures such as isolation or quarantine; ‘‘(B) REPORT.— ernmental and non-governmental economic ‘‘(L) maintain core public functions, in- ‘‘(i) IN GENERAL.—The Committee shall and finance infrastructure as it relates to cluding public utilities, refuse disposal, mor- submit to the President and Congress, and pandemic preparedness and response; tuary services, transportation, police and make available to the public as appropriate, ‘‘(6) as soon as practicable, finalize a Na- firefighter services, and other critical serv- a report that includes the Interagency Pre- tional Pandemic Influenza Preparedness ices paredness Plan. Plan that describes programs and activities ‘‘(M) establish networks that provide ‘‘(ii) UPDATED REPORT.—The Committee to decrease the burden of disease, minimize alerts and other information for health care shall submit to the President and Congress, social disruption, and reduce economic im- providers; and make available to the public as appro- pact from an influenza pandemic; ‘‘(N) communicate with the public with re- priate, on a biannual basis, an update of the ‘‘(7) implement the National Pandemic In- spect to prevention and obtaining care dur- report that includes a description of— fluenza Preparedness Plan; ing a pandemic; ‘‘(I) progress made toward plan implemen- ‘‘(8) make the National Pandemic Influ- ‘‘(O) provide security for first responders tation, as described under clause (i); and enza Preparedness Plan available to Con- and other medical personnel and volunteers, ‘‘(II) progress of the domestic preparedness gress, and the public as appropriate; hospitals, treatment centers, isolation and programs under section 2144 and of the inter- ‘‘(9) submit to Congress an annual budget quarantine areas, and transportation and de- national assistance programs under section request related to the National Pandemic In- livery of resources 2145. ‘‘SEC. 2143. POLICY COORDINATING COMMITTEE fluenza Preparedness Plan; ‘‘(C) CONSULTATION WITH INTERNATIONAL EN- ‘‘(10) report to Congress on a biannual ON PANDEMIC INFLUENZA PRE- PAREDNESS. TITIES.—In developing the preparedness plans basis progress regarding the implementation described under subparagraph (A) and the re- of the National Pandemic Influenza Pre- ‘‘(a) IN GENERAL.—There is established the Pandemic Influenza Preparedness Policy Co- port under subparagraph (B), the Committee paredness Plan; should consult with representatives from the ‘‘(11) address any deficiencies in the Na- ordinating Committee (referred to in this section as the ‘Committee’). World Health Organization, the World Orga- tional Pandemic Influenza Preparedness ‘‘(b) MEMBERSHIP.— nization for Animal Health, and other inter- Plan as determined by the Government Ac- ‘‘(1) IN GENERAL.—The Committee shall be national bodies, as appropriate. countability Office report under subsection composed of— (c); ‘‘(e) APPLICATION OF FACA.—Notwith- ‘‘(A) the Secretary; ‘‘(12) coordinate the provision of technical standing the Federal Advisory Committee ‘‘(B) the Secretary of Homeland Security; assistance related to pandemic preparedness Act, non-government individuals and enti- ‘‘(C) the Secretary of Agriculture; across Federal agencies, States, and local ‘‘(D) the Secretary of State; ties may participate in the activities of the governments; ‘‘(E) the Secretary of Defense; Committee. ‘‘(13) ensure outreach and education cam- ‘‘(F) the Secretary of Commerce; paigns are conducted related to preparedness ‘‘SEC. 2144. DOMESTIC PANDEMIC INFLUENZA ‘‘(G) the Administrator of the Environ- for businesses, health care providers, and the PREPAREDNESS ACTIVITIES. mental Protection Agency; public; ‘‘(H) the Secretary of Transportation; ‘‘(a) PANDEMIC PREPAREDNESS ACTIVITIES.— ‘‘(14) address supply chain issues related to ‘‘(I) the Secretary of Veterans Affairs; and The Director of Pandemic Preparedness and a pandemic; ‘‘(J) other representatives as determined Response shall strengthen, expand, and co- ‘‘(15) ensure that the National Pandemic appropriate by the Chair of the Committee. ordinate domestic pandemic influenza pre- Influenza Preparedness Plan includes a spe- ‘‘(2) CHAIR.—The Director of Pandemic Pre- paredness activities. cific focus on traditionally underserved pop- paredness and Response shall serve as the ulations, including low-income, racial and ‘‘(b) STATE PREPAREDNESS PLAN.— Chair of the Committee. ethnic minorities, immigrants, and unin- ‘‘(1) IN GENERAL.—As a condition of receiv- ‘‘(3) TERM.—The members of the Com- sured populations; and ing funds from the Centers for Disease Con- mittee shall serve for the life of the Com- ‘‘(16) hire staff, request information, assist- trol and Prevention or the Health Resources mittee. and Services Administration related to bio- ance, or detailees from other Federal agen- ‘‘(c) MEETINGS.— terrorism, a State shall— cies, and carry out other activities related to ‘‘(1) IN GENERAL.—The Committee shall staffing and administration. meet not less often than 2 times per year at ‘‘(A) designate an official or office as re- ‘‘(c) GAO REPORT.— the call of the Chair or as determined nec- sponsible for pandemic influenza prepared- ‘‘(1) IN GENERAL.—Not later than 60 days essary by the President. ness; after the Director has finalized the National ‘‘(2) REPRESENTATION.—A member of the ‘‘(B) submit to the Director of the Centers Pandemic Influenza Preparedness Plan under Committee under subsection (b) may des- for Disease Control and Prevention a Pan- subsection (b)(5), the Government Account- ignate a representative to participate in demic Influenza Preparedness Plan described ability Office shall submit to the Director Committee meetings, but such representa- under paragraph (2); and and Congress a report concerning the Na- tive shall hold the position of at least an as- ‘‘(C) have such Preparedness Plan approved tional Pandemic Influenza Preparedness sistant secretary or equivalent position. in accordance with this subsection. Plan. ‘‘(d) DUTIES OF THE COMMITTEE.— ‘‘(2) PREPAREDNESS PLAN.— ‘‘(2) REQUIREMENTS.—At a minimum, the ‘‘(1) PREPAREDNESS PLANS.—Each member ‘‘(A) IN GENERAL.—The Pandemic Influenza report under paragraph (1) shall evaluate the of the Committee shall submit to the Com- Preparedness Plan required under paragraph ability of the National Pandemic Influenza mittee a pandemic influenza preparedness (1) shall address— Preparedness Plan to— plan for the agency involved that describes— ‘‘(i) human and animal surveillance activi- ‘‘(A) address the organizational structure ‘‘(A) initiatives and proposals by such ties, including capacity for epidemiological and chain of command, both in the Federal member to address pandemic influenza (in- analysis, isolation and subtyping of influ- government and at the State level; cluding avian influenza) preparedness; and enza viruses year-round, including for avian ‘‘(B) ensure adequate laboratory surveil- ‘‘(B) any activities and coordination with influenza among domestic poultry, and re- lance of influenza, including the ability to international entities related to such initia- porting of information across human and isolate and subtype influenza viruses year tives and proposals. veterinary sectors; round; ‘‘(2) INTERAGENCY PLAN AND RECOMMENDA- ‘‘(ii) methods to ensure surge capacity in ‘‘(C) improve vaccine research, develop- TIONS.— hospitals, laboratories, outpatient ment, and production; ‘‘(A) IN GENERAL.— healthcare provider offices, medical sup- ‘‘(D) procure adequate doses of antivirals ‘‘(i) PREPAREDNESS PLAN.—Based on the pliers, and communication networks; for treatment. preparedness plans described under para- ‘‘(iii) assisting the recruitment and coordi- ‘‘(E) develop systems for tracking and dis- graph (1), and not later than 90 days after the nation of national and State volunteer banks tributing antiviral medication and vaccines; date of enactment of this subtitle, the Com- of healthcare professionals; ‘‘(F) prioritize who would receive mittee shall develop an Interagency Pre- ‘‘(iv) distribution of vaccines, antivirals, antivirals and vaccines based on limited sup- paredness Plan that integrates and coordi- and other treatments to priority groups, and plies; nates such preparedness plans. monitor effectiveness and adverse events; ‘‘(G) stockpile medical and safety equip- ‘‘(ii) CONTENT OF PLAN.—The Interagency ‘‘(v) networks that provide alerts and other ment for health care workers and first re- Preparedness Plan under clause (i) shall in- information for healthcare providers and or- sponders; clude a description of— ganizations at the National, State, and re- ‘‘(H) assure surge capacity capabilities for ‘‘(I) departmental or agency responsibility gional level; health care providers and institutions; and accountability for each component of ‘‘(vi) communication with the public with ‘‘(I) secure a backup health care workforce such plan; respect to prevention and obtaining care dur- in the event of a pandemic; ‘‘(II) funding requirements and sources; ing pandemic influenza;

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TIONS.—The Secretary shall, as soon as is mined appropriate by the Secretary; ‘‘(3) DETAIL OF OFFICERS.—The Secretary practicable, take action to procure for the ‘‘(ix) the acquisition of necessary legal au- may detail officers to States for technical Strategic National Stockpile essential medi- thority for pandemic activities; assistance as needed to carry out this sub- cations and other supplies that may be need- ‘‘(x) integration with existing national, section. ed in the event of a pandemic. State, and regional bioterrorism prepared- ‘‘(d) PRIVATE SECTOR INVOLVEMENT.— ‘‘(h) NATIONAL TRACKING AND DISTRIBUTION ness activities or infrastructure; ‘‘(1) IN GENERAL.—The Secretary, acting SYSTEM FOR VACCINES AND ANTIVIRALS.— ‘‘(xi) coordination among public and pri- through the Director of the Centers for Dis- ‘‘(1) IN GENERAL.—The Secretary shall de- vate health sectors with respect to ease Control and Prevention and the Admin- velop and implement a national system for healthcare delivery, including mass vaccina- istrator of the Health Resources and Serv- the tracking and distribution of antiviral tion and treatment systems, during pan- ices Administration, and in coordination medications and vaccines in order to prepare demic influenza; and with private sector entities, shall integrate and respond to pandemic influenza. ‘‘(xii) coordination with Federal pandemic and coordinate public and private influenza ‘‘(2) SYSTEM.—The system developed under influenza preparedness activities. surveillance activities, as appropriate. paragraph (1) shall— ‘‘(B) UNDERSERVED POPULATIONS.—The Pan- ‘‘(2) GRANT PROGRAM.— ‘‘(A) allow for the electronic tracking of demic Influenza Preparedness Plan required ‘‘(A) IN GENERAL.—In carrying out the ac- all domestically available antiviral medica- under paragraph (1) shall include a specific tivities under paragraph (1), the Secretary tion and vaccines for pandemic influenza; focus on surveillance, prevention, and med- may establish a grant program, or expand ‘‘(B) anticipate shortages, and alert offi- ical care for traditionally underserved popu- existing grant programs, to provide funding cials if shortages are expected in such medi- lations, including low-income, racial and to eligible entities to coordinate or integrate cations and vaccines; ethnic minority, immigrant, and uninsured as appropriate, pandemic preparedness sur- ‘‘(C) target distribution to high-risk populations. veillance activities between States and pri- groups, including health professionals and ‘‘(3) APPROVAL OF STATE PLAN.— vate health sector entities, including hos- relief personnel and other individuals deter- ‘‘(A) IN GENERAL.—The Director of Pan- pitals, health plans, and other health sys- mined to be most susceptible to disease or demic Preparedness and Response, in col- tems. death from pandemic flu; laboration with the Pandemic Influenza Pre- ‘‘(B) ELIGIBILITY.—To be eligible to receive ‘‘(D) ensure equitable distribution, particu- paredness Policy Coordinating Committee, a grant under subparagraph (A), an entity larly across low-income and other under- shall develop criteria to rate State Pandemic shall submit an application at such time, in served groups; and Influenza Preparedness Plans required under such manner, and containing such informa- ‘‘(E) integrate with existing State and paragraph (1) and determine the minimum tion as the Secretary may require. local systems as appropriate. ‘‘(i) REIMBURSEMENTS.—The Secretary rating needed for approval. ‘‘(C) USE OF FUNDS.—Funds under a grant shall have the authority to reimburse State ‘‘(B) TIMING OF APPROVAL.—Not later than under subparagraph (A) may be used to— and local health departments for expendi- 90 days after a State submits a State Pan- ‘‘(i) develop and implement surveillance tures related to influenza vaccine purchase demic Influenza Preparedness Plan as re- protocols for patients in outpatient and hos- and administration during a public health quired under paragraph (1), the Director of pital settings; emergency under section 319(a). Pandemic Preparedness and Response shall ‘‘(ii) establish a communication alert plan make a determination regarding approval of for patients for reportable signs and symp- ‘‘SEC. 2145. PROPOSAL FOR INTERNATIONAL FUND TO SUPPORT PANDEMIC IN- such Plan. toms that may suggest influenza; ‘‘(iii) plan for the vaccination of popu- FLUENZA CONTROL. ‘‘(4) REPORTING OF STATE PLAN.—All Pan- ‘‘(a) IN GENERAL.—The Director of Pan- lations and, if appropriate, dissemination of demic Influenza Preparedness Plans sub- demic Preparedness and Response should antiviral drugs; mitted and approved under this section shall submit to the Director of the World Health ‘‘(iv) purchase necessary equipment and be made available to Congress, State offi- Organization a proposal to study the feasi- supplies; cials, and the public as determined appro- bility of establishing a fund, (referred to in ‘‘(v) increase laboratory testing and net- priate by the Director. this section as the ‘Pandemic Fund’) to sup- working capacity; ‘‘(5) ASSISTANCE TO STATES.—The Centers port pre-pandemic influenza control, surveil- ‘‘(vi) conduct epidemiological and other for Disease Control and Prevention and the lance, and relief activities conducted in analyses; or Health Resources and Services Administra- countries affected by avian influenza or ‘‘(vii) report and disseminate data. tion may provide assistance to States in car- other viruses likely to cause pandemic influ- ‘‘(D) DETAIL OF OFFICERS.—The Secretary rying out this subsection, or implementing enza. may detail officers to grantees under sub- an approved State Pandemic Influenza Pre- ‘‘(b) CONTENT OF PROPOSAL.—The proposal paragraph (A) for technical assistance. paredness Plan, which may include the detail submitted under subsection (a) shall de- ‘‘(E) REQUIREMENT.—As a condition of re- of an officer to approved domestic pandemic scribe, with respect to the Pandemic Fund— ceiving a grant under subparagraph (A), a sites or the purchase of equipment and sup- ‘‘(1) funding sources; State shall have a plan to meet minimum plies. ‘‘(2) administration; thresholds for State influenza surveillance ‘‘(6) WAIVER.—The Director of Pandemic ‘‘(3) application process by which a country established by the Director of the Centers for Preparedness and Response may grant a tem- may apply to receive assistance from such Disease Control and Prevention in coordina- porary waiver of 1 or more of the require- Fund; tion with the Secretary of Agriculture under ments under this subsection. ‘‘(4) factors used to make a determination subsection (b). ‘‘(c) DOMESTIC SURVEILLANCE.— regarding a submitted application, which ‘‘(e) PROCUREMENT OF ANTIVIRALS FOR THE ‘‘(1) IN GENERAL.—The Secretary, in coordi- may include— STRATEGIC NATIONAL STOCKPILE.—The Sec- nation with the Secretary of Agriculture, retary shall take immediate action to pro- ‘‘(A) the gross domestic product of the ap- shall establish minimum thresholds for cure for the Strategic National Stockpile de- plicant country; States with respect to adequate surveillance scribed under section 319F-2 antivirals need- ‘‘(B) the burden of need, as determined by for pandemic influenza, including possible ed to prevent or treat infection during a pan- estimated human morbidity and mortality pandemic avian influenza. demic influenza, including possible pandemic and economic impact related to pandemic in- ‘‘(2) ASSISTANCE TO STATES.— avian influenza, for at least 50 percent of the fluenza and the existing capacity and re- ‘‘(A) IN GENERAL.—The Secretary, in co- population. sources of the applicant country to control ordination with the Secretary of Agri- ‘‘(f) PROCUREMENT OF VACCINES FOR THE the spread of the disease; and culture, shall provide assistance to States STRATEGIC NATIONAL STOCKPILE.—Subject to ‘‘(C) the willingness of the country to co- and regions to meet the minimum thresholds development and testing of potential vac- operate with other countries with respect to established under paragraph (1). cines for pandemic influenza, including pos- preventing and controlling the spread of the ‘‘(B) TYPES OF ASSISTANCE.—Assistance sible pandemic avian influenza, the Sec- pandemic influenza; and provided to States under subparagraph (A) retary shall determine the minimum number ‘‘(5) any other information the Secretary may include— of doses of vaccines needed to prevent infec- determines necessary.

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‘‘(c) USE OF FUNDS.—Funds from any Pan- ‘‘(2) ASSISTANCE.—The Secretary and the ical guidelines for use of antivirals and vac- demic Fund established as provided for in Secretary of Agriculture shall assist other cines, and professional requirements and re- this section shall be used to complement and countries to meet the standards established sponsibilities, as appropriate. augment ongoing bilateral programs and ac- in paragraph (1) through— ‘‘SEC. 2150. RESEARCH AT THE NATIONAL INSTI- tivities from the United States and other ‘‘(A) the detail of officers to foreign coun- TUTES OF HEALTH. donor nations, or establish new programs as tries for the provision of technical assistance ‘‘The Director of the National Institutes of needed. or training; Health (referred to in this section as the ‘Di- ‘‘SEC. 2146. INTERNATIONAL DIPLOMATIC AND ‘‘(B) laboratory testing, including testing rector of NIH’), in collaboration with the Di- DEVELOPMENT STRATEGY. of specimens for viral isolation or subtype rector of the Centers for Disease Control and ‘‘(a) POLICY.—It is the policy of the United analysis; Prevention, and other relevant agencies, States to develop and implement a com- ‘‘(C) epidemiological analysis and inves- shall expand and intensify human and ani- prehensive diplomatic strategy targeted at tigation of novel strains; mal research, with respect to influenza, on— (but not limited to) nations in Southeast and ‘‘(D) provision of equipment or supplies; ‘‘(1) vaccine development and manufacture, East Asia that are most at risk for an out- ‘‘(E) coordination of surveillance activities including strategies to increase break of the avian influenza, including Cam- within and among countries; immunological response; bodia, China, Laos, Thailand, Indonesia, and ‘‘(F) the establishment and maintenance of ‘‘(2) effectiveness of inducing Vietnam, in order to strengthen inter- an Internet database that is accessible to heterosubtypic immunity; national public health structures to detect, health officials domestically and inter- prevent, and effectively respond to an out- ‘‘(3) antigen-sparing studies; nationally, for the purpose of reporting new ‘‘(4) antivirals, including minimal dose or break of the avian flu. cases or clusters of influenza and other infor- ‘‘(b) STRATEGY.—The strategy developed course of treatment and timing to achieve mation that may help avert the pandemic and implemented under subsection (a) shall prophylactic or therapeutic effect; spread of influenza; and include— ‘‘(5) side effects and drug safety of vaccines ‘‘(G) other activities as determined nec- ‘‘(1) supporting information sharing and and antivirals in subpopulations; essary by the Secretary. strengthening surveillance, and rapid re- ‘‘(6) alternative routes of delivery of vac- ‘‘(c) INCREASED INTERNATIONAL MEDICAL sponse capacities in key nations, including cines, antivirals, and other medications as CAPACITY DURING PANDEMIC INFLUENZA.— the development of pandemic preparedness appropriate; Notwithstanding any other provision of law, and response plans; ‘‘(7) more efficient methods for testing and the Secretary, in consultation with the Sec- ‘‘(2) issuing demarches to key nations in determining virus subtype; retary of State, may provide vaccines, the region urging additional cooperation and ‘‘(8) protective measures; antiviral medications, and supplies to for- coordination with the United States, re- ‘‘(9) modes of influenza transmission; eign countries from the Strategic National gional governments, and international orga- ‘‘(10) effectiveness of masks, hand-washing, Stockpile described under section 319F–2. nizations; and other non-pharmaceutical measures in ‘‘(d) ASSISTANCE TO FOREIGN COUNTRIES.— ‘‘(3) provide for regular visits by cabinet- preventing transmission; The Centers for Disease Control and Preven- level officials of the United States Govern- ‘‘(11) improved diagnostic tools for influ- tion and the Health Resources and Services ment, including the Secretary of State, Sec- enza; and Administration may provide assistance to retary of Health and Human Services, Sec- ‘‘(12) other areas determined appropriate foreign countries in carrying out this secretary of Agriculture, Secretary of Home- by the Director of NIH. tion, which may include the detail of an offi- land Security, and Secretary of Defense, to ‘‘SEC. 2151. RESEARCH AT THE CENTERS FOR DIS- cer to approved international pandemic sites key nations in Southeast and East Asia in EASE CONTROL AND PREVENTION. or the purchase of equipment and supplies. order to enhance cooperation; ‘‘The Director of the Centers for Disease ‘‘(4) expanding ongoing technical assist- ‘‘SEC. 2148. PUBLIC EDUCATION AND AWARENESS Control and Prevention, in collaboration CAMPAIGN. ance programs, including training of per- with other relevant agencies, shall expand sonnel, procuring laboratory equipment, lo- ‘‘(a) IN GENERAL.—The Director of the Cen- and intensify research, with respect to influ- gistics support, bio-safety procedures, qual- ters for Disease Control and Prevention, in enza, on— ity control, and case detection investigation consultation with the United States Agency ‘‘(1) historical research on prior pandemics techniques; for International Development, the World to better understand pandemic epidemi- ‘‘(5) exchanges of scientists and medical Health Organization, the World Organization ology, transmission, protective measures, personnel engaged in significant work on for Animal Health, and foreign countries, high-risk groups, and other lessons that may issues related to avian flu; shall develop an outreach campaign with re- be applicable to future pandemic; ‘‘(6) encouraging regional governments to spect to public education and awareness of ‘‘(2) communication strategies for the pub- implement viable compensation schemes to influenza and influenza preparedness. lic during pandemic influenza, taking into ‘‘(b) DETAILS OF CAMPAIGN.—The campaign encourage reporting by poultry farmers of consideration age, racial and ethnic back- established under subsection (a) shall— cases of avian influenza in commercial ground, health literacy, and risk status; ‘‘(1) be culturally and linguistically appro- flocks; ‘‘(3) changing and influencing human be- priate for domestic populations; ‘‘(7) forward deployment of additional havior as it relates to vaccination; ‘‘(2) be adaptable for use in foreign coun- United States Government science and med- ‘‘(4) development and implementation of a tries; ical personnel to embassies and consulates in public, non-commercial and non-competitive ‘‘(3) target high-risk populations (those the region; broadcast system and person-to-person net- most likely to contract, transmit, and die ‘‘(8) public awareness campaigns in the re- works; from influenza); gion, including increased involvement of the ‘‘(5) population-based surveillance methods ‘‘(4) promote personal influenza pre- Broadcasting Board of Governors and Voice to estimate influenza infection rates and cautionary measures and knowledge, and the of America, to ensure timely and accurate rates of outpatient illness; need for general vaccination, as appropriate; dissemination of information; ‘‘(6) vaccine effectiveness; and ‘‘(9) using the voice and vote of the United ‘‘(7) systems to monitor vaccination cov- ‘‘(5) describe precautions at the State and States at meeting of appropriate inter- erage levels and adverse events from vac- local level that could be implemented during national organizations to support the afore- cination; and pandemic influenza, including quarantine mentioned efforts; and ‘‘(8) other areas determined appropriate by and other measures. ‘‘(10) integrating the private sector, espe- the Director of the Centers for Disease Con- cially those entities with a strong presence ‘‘SEC. 2149. HEALTH PROFESSIONAL TRAINING. trol and Prevention. in the region, into this effort. ‘‘The Secretary, directly or through con- ‘‘SEC. 2152. INSTITUTE OF MEDICINE STUDY ON ‘‘SEC. 2147. INTERNATIONAL PANDEMIC INFLU- tract, and in consultation with professional THE LEGAL, ETHICAL, AND SOCIAL ENZA ASSISTANCE. health and medical societies, shall develop IMPLICATIONS OF PANDEMIC INFLU- ‘‘(a) IN GENERAL.—The Secretary shall as- and disseminate pandemic influenza training ENZA. sist other countries in preparation for, and curricula— ‘‘(a) IN GENERAL.—The Secretary shall con- response to, pandemic influenza, including ‘‘(1) to educate and train health profes- tract with the Institute of Medicine to— possible pandemic avian influenza. sionals, including physicians, nurses, public ‘‘(1) study the legal, ethical, and social im- ‘‘(b) INTERNATIONAL SURVEILLANCE.— health practitioners, virologists and epi- plications of, with respect to pandemic influ- ‘‘(1) IN GENERAL.—The Secretary, acting demiologists, veterinarians, mental health enza— through the Director of the Centers for Dis- providers, allied health professionals, and ‘‘(A) animal/human interchange; ease Control and Prevention, and in collabo- paramedics and other first responders; ‘‘(B) global surveillance; ration with the Secretary of Agriculture, in ‘‘(2) to educate and train volunteer, non- ‘‘(C) case contact investigations; consultation with the World Health Organi- medical personnel whose assistance may be ‘‘(D) vaccination and medical treatment; zation and the World Organization for Ani- required during a pandemic influenza out- ‘‘(E) community hygiene; mal Health, shall establish minimum stand- break; and ‘‘(F) travel and border controls; ards for surveillance capacity for all coun- ‘‘(3) that address prevention, including use ‘‘(G) decreased social mixing and increased tries with respect to viral strains with pan- of quarantine and other isolation pre- social distance; demic potential, including avian influenza. cautions, pandemic influenza diagnosis, med- ‘‘(H) civil confinement; and

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‘‘(I) other topics as determined appropriate ‘‘(A) IN GENERAL.—An employee of the Fed- ‘‘(1) effective pandemic influenza prepared- by the Secretary. eral Government may be detailed to the ness and response is dependent upon the ex- ‘‘(2) not later than 1 year after the date of Committee without reimbursement. istence of solid public health infrastructure enactment of the Pandemic Preparedness ‘‘(B) CIVIL SERVICE STATUS.—The detail of to combat seasonal flu; and Response Act, submit to the Secretary a the employee shall be without interruption ‘‘(2) the domestic surveillance and vaccine report that describes recommendations or loss of civil service status or privilege. production and distribution capabilities based on the study conducted under para- ‘‘(3) PROCUREMENT OF TEMPORARY AND needed in a time of crisis should be well es- graph (1). INTERMITTENT SERVICES.—The Chair of the tablished and active in a non-crisis capacity ‘‘(b) IMPLEMENTATION OF RECOMMENDA- Committee may procure temporary and to enable a more efficient response to pan- TIONS.—Not later than 90 days after the sub- intermittent services in accordance with sec- demic influenza; and mission of the report of under subsection tion 3109(b) of title 5, United States Code, at ‘‘(3) each State receiving Federal funds (a)(2), the Secretary shall address the rec- rates for individuals that do not exceed the should have a State Immunization Program ommendations of the Institute of Medicine daily equivalent of the annual rate of basic Coordinator, who should be responsible for regarding the domestic and international al- pay prescribed for level V of the Executive coordinating and implementing activities re- location and distribution of pandemic influ- Schedule under section 5316 of that title. lated to influenza. enza vaccine and antivirals. SEC. 2154. PANDEMIC INFLUENZA AND ANIMAL ‘‘SEC. 2162. VACCINE SUPPLY. ‘‘SEC. 2153. NATIONAL PANDEMIC INFLUENZA EC- HEALTH. ONOMICS ADVISORY COMMITTEE. ‘‘(a) REQUESTS FOR MORE DOSES.— ‘‘(a) IN GENERAL.—The Secretary of Agri- ‘‘(a) IN GENERAL.—There is established the ‘‘(1) IN GENERAL.—Not later than March 15 culture shall expand and intensify efforts to National Pandemic Influenza Economics Ad- of each year, the Secretary shall enter into prevent pandemic influenza, including pos- visory Committee (referred to in this section contracts with manufacturers to produce sible pandemic avian influenza. as the ‘Committee’). such additional doses of the influenza vac- ‘‘(b) REPORT.—Not later than 180 days after ‘‘(b) MEMBERSHIP.— cine as determined necessary by the Sec- the date of enactment this Act, the Sec- ‘‘(1) IN GENERAL.—The members of the retary. Committee shall be appointed by the Comp- retary of Agriculture shall submit to Con- ‘‘(2) CONTENT OF CONTRACT.—A contract for troller General of the United States and gress a report that describes the anticipated additional doses shall provide that the man- shall include domestic and international ex- impact of pandemic influenza on the United ufacturer will be compensated by the Sec- perts on pandemic influenza, public health, States. retary at an equitable rate negotiated by the veterinary science, commerce, economics, fi- ‘‘(c) ASSISTANCE.—The Secretary of Agri- Secretary and the manufacturer for any nance, and international diplomacy. culture, in consultation with the Secretary doses that— ‘‘(2) CHAIR.—The Comptroller General of of Health and Human Services, the World ‘‘(A) were not sold by the manufacturer the United States shall select a Chair from Health Organization, and the World Organi- through routine market mechanisms at the among the members of the Committee. zation for Animal Health, shall provide do- end of the influenza season for that year; and ‘‘(c) DUTIES.—The Committee shall study mestic and international assistance with re- ‘‘(B) were requested by the Secretary to be and make recommendations to Congress and spect to pandemic influenza preparedness produced by such manufacturer. the Secretary on the financial and economic to— ‘‘(3) WHEN SUCH VACCINE PURCHASES SHOULD impact of pandemic influenza and possible fi- ‘‘(1) support the eradication of infectious TAKE PLACE.—The Secretary may purchase nancial structures for domestic and inter- animal diseases and zoonosis; from the manufacturer the doses for which it national pandemic response, relating to— ‘‘(2) increase transparency in animal dis- has contracted at any time after which it is ‘‘(1) the development, storage, and disease states; determined by the Secretary, in consultation tribution of vaccines; ‘‘(3) collect, analyze, and disseminate vet- with the manufacturer, that the doses will ‘‘(2) the development, storage, and dis- erinary data; likely not be absorbed by the private mar- tribution of antiviral and other medications ‘‘(4) strengthen international coordination ket. and supplies; and cooperation in the control of animal dis- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) increased surveillance activities; eases; and There are authorized to be appropriated to ‘‘(4) provision of preventive and medical ‘‘(5) promote the safety of world trade in carry out this section such sums as may be care during pandemic; animals and animal products. necessary. ‘‘(5) reimbursement for health providers ‘‘(d) ELECTRONIC DATABASE.—The Sec- ‘‘SEC. 2163. DISCONTINUANCE OF INFLUENZA and other core public function employees; retary of Agriculture, in conjunction with VACCINE. ‘‘(6) reasonable compensation for farmers the Secretary of Health and Human Services, ‘‘(a) IN GENERAL.— and other workers that bear direct or dis- shall establish an electronic disease surveil- ‘‘(1) NOTICE TO SECRETARY.—A manufac- proportionate loss of revenue; and lance database in order to trace the inci- turer of the influenza vaccine shall notify ‘‘(7) other issues determined appropriate by dence of avian influenza in both animals and the Secretary of a discontinuance of the the Chair. humans in the United States. manufacture of the vaccine at least 12 ‘‘(d) COMPENSATION.— MPROVEMENTS IN THE NATIONAL ANI- ‘‘(e) I months prior to the date of the discontinu- ‘‘(1) IN GENERAL.—Each member of the MAL HEALTH LABORATORY NETWORK.—The ance. Committee who is not an officer or employee Secretary of Agriculture shall evaluate the ‘‘(2) DIRECTOR OF CENTERS FOR DISEASE CON- of the Federal Government shall be com- National Animal Health Laboratory Net- pensated at a rate equal to the daily equiva- TROL AND PREVENTION.—Promptly after re- work and make recommendations for im- ceiving a notice under paragraph (1), the Sec- lent of the annual rate of basic pay pre- provements to participating laboratories and scribed for level IV of the Executive Sched- retary shall inform the Director of the Cen- other State animal health laboratories to ters for Disease Control and Prevention of ule under section 5315 of title 5, United rapidly diagnose and research avian influ- States Code, for each day (including travel the notice. Promptly after determining that enza outbreaks. a reduction under subsection (b) applies with time) during which such member is engaged ‘‘(f) COMMUNICATIONS LIAISONS.— respect to such a notice, the Secretary shall in the performance of the duties of the Com- ‘‘(1) IN GENERAL.—The Secretary of Agri- inform such Director of the reduction. mittee. All members who are officers or em- culture jointly with the Secretary of Home- ‘‘(3) RELATIONSHIP TO SEPARATE NOTICE PRO- ployees of the United States shall serve land Security shall designate a liaison in GRAM.—In the case of influenza vaccine that without compensation in addition to that re- each State to facilitate and coordinate com- is approved by the Secretary and is a drug ceived for their services as officers or em- munications among and between States in described in section 506C(a), this section ap- ployees of the United States. the event of an agriculture emergency. plies to the vaccine in lieu of section 506C. ‘‘(2) TRAVEL EXPENSES.—A member of the ‘‘(2) FUNCTIONS.—Each liaison designated ‘‘(b) REDUCTION IN NOTIFICATION PERIOD.— Committee shall be allowed travel expenses, under paragraph (1) shall— The notification period required under sub- including per diem in lieu of subsistence, at ‘‘(A) be the central point of contact for section (a) for a manufacturer may be re- rates authorized for an employee of an agen- animal health in communications with the duced if the manufacturer certifies to the cy under subchapter I of chapter 57 of title 5, Department of Agriculture and the Depart- Secretary that good cause exists for the re- United States Code, while away from the ment of Homeland Security; duction, such as a situation in which— home or regular place of business of the ‘‘(B) communicate Federal preparedness ‘‘(1) a public health problem may result member in the performance of the duties of and response plans to State and local agri- from continuation of the manufacturing for the Committee. culture officials and veterinarians; and ‘‘(e) STAFF.— the 12-month period; ‘‘(C) communicate concerns from State and ‘‘(1) IN GENERAL.—The Chair of the Com- ‘‘(2) a biomaterials shortage prevents the local agriculture officials and veterinarians mittee shall provide the Committee with continuation of the manufacturing for the to the Department of Agriculture and De- such professional and clerical staff, such in- 12-month period; partment of Homeland Security and the De- formation, and the services of such consult- ‘‘(3) continuation of the manufacturing for partment of Health and Human Services. ants as may be necessary to assist the Com- the 12-month period may cause substantial mittee in carrying out the functions under ‘‘Subtitle 4—Strengthening Public Health economic hardship for the manufacturer; this section. Immunization Capacity and Supply ‘‘(4) the manufacturer has filed for bank- ‘‘(2) DETAIL OF FEDERAL GOVERNMENT EM- ‘‘SEC. 2161. FINDINGS. ruptcy under chapter 7 or 11 of title 11, PLOYEES.— ‘‘Congress finds that— United States Code; or

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11138 CONGRESSIONAL RECORD — SENATE October 5, 2005 ‘‘(5) the manufacturer can continue the with influenza, including health care work- of influenza and the price at which the drug, distribution of the vaccine involved for 12 ers and their household contacts. device, or biologic was offered for sale in the months. ‘‘(3) Professional medical education of phy- usual course of the seller’s business imme- ‘‘(c) DISTRIBUTION.—To the maximum ex- sicians, nurses, pharmacists, and other diately prior to the public health emergency; tent practicable, the Secretary shall dis- health care providers and such providers’ as- or tribute information on the discontinuation sociated organizations. ‘‘(ii) the amount charged grossly exceeds of the manufacture of influenza vaccines to ‘‘(4) Information that emphasizes the safe- the price at which the same or similar drug, appropriate physician and patient organiza- ty and benefit of recommended vaccines for device, or biologic for the prevention or tions. the public good. treatment of influenza was readily obtain- ‘‘SEC. 2164. SHORTAGE PREPAREDNESS AND RE- ‘‘(b) OUTREACH TO MEDICARE RECIPIENTS.— able by other purchasers in the area in which SPONSE. ‘‘(1) PROGRAM.— the declaration applies. ‘‘(a) EMERGENCY RESPONSE PLANS REGARD- ‘‘(A) IN GENERAL.—The Director, in con- ‘‘(C) MITIGATING FACTORS.—In determining ING SHORTAGES.— sultation with the Administrator of the Cen- whether a violation of subparagraph (A) has ‘‘(1) NATIONAL EMERGENCY RESPONSE ters for Medicare & Medicaid Services, shall, occurred, the court shall also take into ac- PLAN.—The Secretary shall develop and at the earliest possible time in the influenza count, among other factors, the price that maintain a national plan for the response to vaccine planning and production process, would reasonably equate supply and demand potential shortages in supplies of influenza reach out to providers of medicare services, in a competitive and freely functioning mar- vaccines that would constitute public health including managed care providers, nursing ket and whether the price at which the drug, emergencies. The plan shall include provi- homes, hospitals, and physician offices to device, or biologic for the prevention or sions with respect to communication among urge early and full preordering of the influ- treatment of influenza was sold reasonably relevant entities, distribution of available enza vaccine so that production levels can reflects additional costs, not within the con- supplies of the influenza vaccine involved, accommodate the needs for the influenza trol of the seller, that were paid or incurred the designation of populations to be given vaccine. by the seller. priority for immunizations, interactions ‘‘(B) RATES OF IMMUNIZATION AMONG MEDI- ‘‘(2) FALSE PRICING INFORMATION.—It shall with State and local governments, the use of CARE RECIPIENTS.—The Director shall work be unlawful for any person to report infor- the National Stockpile, and special consider- with the Administrator of the Centers for mation related to the wholesale price of any ations for specific vaccines. The initial plan Medicare & Medicaid Services to publish the drug, device, or biologic for the prevention shall be completed not later than 12 months rates of influenza immunization among indi- or treatment of influenza to the Secretary if— after the date of the enactment of this sec- viduals receiving assistance under the medi- ‘‘(A) that person knew, or reasonably tion. care program under title XVIII of the Social should have known, the information to be ‘‘(2) STATE EMERGENCY RESPONSE PLAN.— Security Act (42 U.S.C. 1395 et seq.). false or misleading; Each State that receives funds under this ‘‘(2) STATE AND PUBLIC HEALTH ADULT IMMU- ‘‘(B) the information was required by law Act shall, not later than 6 months after the NIZATION ACTIVITIES.—The Director shall sup- to be reported; and date on which the National Plan is issued port the development of State adult immuni- ‘‘(C) the person intended the false or mis- under paragraph (1), develop, through the zation programs that place emphasis on im- leading data to affect data compiled by the State Immunization Coordinator, a State proving influenza vaccine delivery to high- department or agency involved for statis- Emergency Response Plan that is modeled risk populations and the general population, tical or analytical purposes with respect to on the National Plan. including the exploration of improving access to the influenza vaccine. the market for drugs, devices, or biologics ‘‘SEC. 2165. PROVISIONS TO INCREASE VACCINE for the prevention or treatment of influenza. COVERAGE RATES. ‘‘(3) EXISTING MODES OF COMMUNICATION.— ‘‘(3) MARKET MANIPULATION.—It shall be un- ‘‘(a) IN GENERAL.—The Secretary shall de- In carrying out the public awareness campaign and education and outreach efforts lawful for any person, directly or indirectly, velop a plan for the distribution of seasonal to use or employ, in connection with the pur- flu vaccines to ensure that uninsured and under paragraph (1) and (2), the Director may use existing websites or structures for com- chase or sale of drugs, devices, or biologics underinsured adults and children have access for the prevention or treatment of influenza to annual influenza vaccines and vaccines for munication. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— at wholesale, any manipulative or deceptive conditions potentially exacerbated by expo- device or contrivance, in contravention of sure to pandemic influenza. Immunizations There are authorized to be appropriated to carry out this subsection $10,000,000 for each such rules and regulations as the Secretary should be available to such populations as may prescribe as necessary or appropriate in well as children in the VFC program through of fiscal years 2005 through 2009. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— the public interest or for the protection of a wide variety of providers including both United States citizens.’’. Federally qualified health centers and State For the purpose of carrying out this section, SEC. 5. AUTHORIZATION OF APPROPRIATIONS. and local health departments. there are authorized to be appropriated such sums as may be necessary for each of the fis- There are authorized to be appropriated ‘‘(b) REQUIREMENT.—The Secretary shall— cal years 2006 through 2010.’’. such sums as may be necessary to carry out ‘‘(1) conduct an assessment to determine this Act (and the amendments made by this the number of adults in need of vaccinations SEC. 4. UNFAIR OR DECEPTIVE ACTS OR PRAC- TICES IN COMMERCE RELATED TO Act) for each of the fiscal years 2006 through and the barriers to vaccinating adults; and TREATMENTS FOR PANDEMIC IN- 2010. ‘‘(2) develop and implement strategies to FLUENZA. increase the rate of immunizations in popu- Mr. OBAMA. Mr. President, I rise Section 319F-3 of the Public Health Service today to talk about a critical issue— lations in which a significant number of indi- Act (as added by section ll and amended by viduals have not received immunizations section ll(a)) is further amended by adding the possibility of an avian influenza with the federally recommended vaccines (as at the end the following: pandemic. defined in section 317A(g)) for the popu- ‘‘(i) UNFAIR OR DECEPTIVE ACTS OR PRAC- When I started talking about this 7 lations. TICES IN COMMERCE RELATED TO TREATMENTS months ago, not too many folks paid ‘‘(c) DEFINITION.—For purposes of this sec- FOR PANDEMIC INFLUENZA.— attention. Perhaps because the short- tion, the term ‘adult’ means an individual ‘‘(1) SALES TO CONSUMERS AT UNCONSCION- hand for this looming crisis is the who is not a child as defined in section 1928 ABLE PRICE.— ‘‘bird flu,’’ people assume it is just of the Social Security Act. ‘‘(A) IN GENERAL.—During any public going to get birds and animals sick. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— health emergency declared by the Secretary In reality, however, what is at stake There is authorized to be appropriated to under section 319 related to pandemic influ- here is the potential of a pandemic carry out this section, such sums as may be enza, it shall be unlawful for any person to necessary. sell any drug (including an anti-viral drug), that we have not seen in the United ‘‘SEC. 2166. OUTREACH, COMMUNICATION, EDU- device, or biologic for the prevention or States since 1918. As has already been CATION. treatment of influenza in, or for use in, the stated, our top scientists and medical ‘‘(a) EDUCATION PROGRAM REGARDING area to which that declaration applies at a personnel, including the heads of the ADULT IMMUNIZATIONS.—The Secretary, act- price that— NIH, CDC, and the Department of ing through the Director of the Centers for ‘‘(i) is unconscionably excessive (as deter- Health and Human Services, all agree Disease Control and Prevention (in this sec- mined by the Secretary); or that it is almost inevitable that an tion referred to as the ‘Director’), shall con- ‘‘(ii) indicates the seller is taking unfair avian flu pandemic will strike. duct a public awareness campaign and edu- advantage of the circumstances to increase The key question is the extent of the cation and outreach efforts each year during prices unreasonably. damage, especially in terms of lives the time period preceding the influenza sea- ‘‘(B) FACTORS TO BE CONSIDERED.—In deter- lost. The answer to this question will, son on each of the following: mining whether a violation of paragraph (1) ‘‘(1) The importance of receiving the influ- has occurred, a court shall take into ac- in large measure, depend on our level enza vaccine. count, among other factors, whether— of preparedness and the amount of re- ‘‘(2) Which populations the Director rec- ‘‘(i) the amount charged represents a gross sources we are willing to immediately ommends to receive the influenza vaccine to disparity between the price of a drug, device, commit to deal with this looming cri- prevent health complications associated or biologic for the prevention or treatment sis.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11139 After Katrina, I hope we all learned a Americans, to stimulate demand for Today, their prescription drugs are lesson about the critical value of pre- the seasonal flu vaccine. covered by State Medicaid programs, paredness. An outbreak of the avian flu could and they are a good deal. For many I rise today to introduce, along with occur in a year, 5 years, 10 years, or if seniors and the disabled, State Med- Senators REID, BAYH, and KENNEDY, S. we were incredibly lucky not happen at icaid drug coverage involves limited 1821, legislation that dramatically en- all. But the one good thing about in- co-payments, no premiums, and cov- hances the ability of the United States vesting in measures to deal with this erage for a broad range of medically- and international community to pre- looming crisis is—and I will end on this necessary drugs. vent and respond to an avian flu pan- point—if we spend the money now, it Once the new Medicare drug program demic. will pay dividends, even if this par- is implemented, these vulnerable pa- The bill we are introducing today— ticular strain of the avian flu outbreak tients will lose their State Medicaid the Pandemic Preparedness and Re- does not occur. coverage. They will be shifted into the sponse Act or PPRA—incorporates Why is this the case? Federal Medicare program, which will much of my AVIAN Act, and has a This is not—no pun intended—a case impose higher co-payments, new pre- number of new and important provi- of Chicken Little. miums and fewer covered drugs. It’s a sions, that will protect Americans from The risk of some sort of pandemic, bad deal for low-income seniors and to pandemic flu. and the mutations of flus for which we make matters worse, it’s incredibly The PPRA establishes leadership at have no immunity, is almost inevi- complicated to figure out which pri- the very top level by requiring the table. The H5N1 strain may not be the vate drug plan meets their needs. President to name a national director strain that leads to a full blown pan- 1 am concerned that these individ- for Pandemic Preparedness and Re- demic. But, another strain could easily uals will be unable to afford co-pay- sponse, who will sit in the executive of- come along and cause serious damage ments or tiered co-payments that will fice. This director will be in charge of in the future. be part of many MMA plans. all preparedness and response activities My point is this: undertaking these I am concerned that these individuals at the national level, including coordi- measures is going to be a wise invest- will also be denied the most medically- nating the activities and programs of ment that will help protect the lives of appropriate treatments due to restric- each Federal agency. millions of people here in the United tions imposed by the plans or addi- It is not enough for the Department States and across the globe. This legis- tional financial burdens that plans will of Health and Human Services and De- lation gets at the heart of this issue. use to drive down drug utilization partment of Homeland Security to be By Mrs. MURRAY (for herself and costs. ready; we must have a commerce plan, Ms. CANTWELL): In addition, I am not convinced that a transportation plan, a diplomatic S. 1822. A bill to amend titles XVIII we have done enough to fully educate plan aimed at our foreign partners, and and XIX of the Security Act to make and prepare beneficiaries to the choices a plan for our military personnel and improvements to the implementation and implications of these choices that veterans. of the medicare prescription drug ben- they face today. We have asked this director to pro- efit; to the Committee on Finance. Another problem with the Medicare cure enough antivirals to cover 50 per- Mrs. MURRAY. Mr. President, today drug law is that it will penalize anyone cent of the populations, and sufficient I am introducing legislation to protect on Medicare who needs extra time to vaccines and other supplies we need for low-income Medicare beneficiaries make a decision about which plan to the Strategic National Stockpile. The from being penalized under the new choose or whether or not to join the director will also create a national Medicare Modernization Act. My legis- program. For a new system that is as tracking and distribution system to en- lation also gives all seniors and the dis- complex as this new drug law, it’s un- sure the fair and equitable allocation abled more time to make the right fair to force people to make a decision of drugs and vaccines when the pan- choice in selecting a drug plan. quickly and to penalize those who need demic strikes. My bill is called the Medicare extra time to make the right choice. On the State level, we have asked the HEALS Act, which stands for Help for To solve these problems and to pro- Director of the CDC and HRSA to work Every beneficiary and Low Income tect our most vulnerable, my legisla- with States and give them the help Seniors. I am pleased to be joined tion would repeal the prohibition in- they need to make sure they are ready today by Senator CANTWELL in intro- cluded in MMA on the use of Medicaid to respond as well. Our success at pre- ducing this new bill. funds to provide wrap around coverage venting or containing an outbreak of My goal is to protect very low-infor dually eligible. avian flu will depend on the prepared- come seniors who today are covered by While I still believe that additional ness of our State and local partners. both Medicare and Medicaid. The new delay is warranted in switching this Understanding that international drug law will impose new co-payments population to private plans under collaboration and cooperation is key to and premiums on these vulnerable pa- Medicare, I do believe we need to en- surveillance and quick response, we tients, while—at the same time—cov- sure that States facing a huge backlash have created an international pan- ering fewer prescription drugs. from this population can respond ac- demic fund, and requested the Sec- Worst of all, the law prohibits States cordingly. retary of State develop and implement from providing additional coverage, I have joined in support of legislation a diplomatic policy aimed at the known as wrap-around coverage, to aimed at providing a 6-month transi- Southeast and East Asian countries. seniors, the disabled and low-income tion period for dual eligibles to give Senator LUGAR and I have been hard at beneficiaries. I believe seniors deserve these patients time to phase into these work on this last point for months. better. I believe low income working new plans, but I also think we must en- Finally, we recognize that this Na- families deserve better, and that’s why sure that States have the ability to re- tion will never have enough vaccines, I’ve written this bill. spond to lapses in coverage or financial or the ability to produce sufficient vac- The new drug law will force painful barriers that will deny access to nec- cines, if we don’t create the incentives changes on low income patients, and essary and life saving drugs. for more drug manufacturers to get my bill will help protect our most vul- States would have the option of pro- into the vaccine business. We just have nerable from the negative impacts of viding wrap-around coverage using three domestic flu vaccine manufactur- the drug law. both Federal and State Medicaid funds, ers, and that is unacceptable. This bill Let’s start by looking at how low-in- as they do today. authorizes the Secretary to enhance come beneficiaries are covered today My legislation would also deduct any vaccine production capacity by cre- versus how they will be covered under State funds used to provide wrap- ating a guaranteed market for seasonal the new law. Today, very low income around coverage from the so-called flu vaccine through a Federal buyback seniors are eligible for coverage under clawback amount. As we know, the program for unsold doses of seasonal both state Medicaid programs and the MMA legislation takes back much of flu vaccine. It also increases public Federal Medicare program, so they are the savings States will see by transfer- education and outreach activities for often referred to as ‘‘dual eligibles.’’ ring these patients to Medicare. I do

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11140 CONGRESSIONAL RECORD — SENATE October 5, 2005 not think it is fair to penalize States packages. Premiums range from $0 to too many rules or restrictions, and for trying to do the right thing. $120; deductibles can range from $0 to there was no way for beneficiaries to Finally, my legislation would delay $2500; and many will have tiered co- measure the value of these cards. the late penalty enrollment from May payment structures. None of these My legislation does not address every 15, 2006 until January 1, 2008, for all plans will cover all top 100 drugs used problem and every coverage gap, but it beneficiaries. This will give all Medi- by seniors. Some plans provide only 77 is a small step to protect the most vul- care beneficiaries the time to fully of the top 100 drugs. nerable. I urge my colleagues to join evaluate the plans. The extension will While these plans may offer far bet- me in making these small but nec- provide beneficiaries with one full ben- ter benefits than many receive today, essary corrections today before bene- efit year and the open enrollment pe- it will be difficult to make this deter- ficiaries lose their coverage and lose riod to determine if these plans offer mination. The range of choices; the re- access to affordable life saving drugs. them a good value or provide the kind strictions; the variations in out-of- I know that this administration has of security we all expect from Medi- pocket and the belief by many that resisted any efforts at fixing this pro- care. this is not a good benefit overall, will gram and has said the President would This extension is of particular impor- lead many seniors to simply walk veto any legislation that delays imple- tance to those seniors who may be eli- away. mentation or changes the structure of gible for assistance but have not yet But, even if seniors decide to sit the benefit. But, I am convinced we applied. We know that full dual eligi- down and do the calculation and evalu- will be back making changes to this bles will be automatically enrolled in a ate each plan or option, they face chal- program over the next 2 years because plan if they fail to select one. However, lenges in the reliability of the informa- seniors will demand action. those with incomes from 135 percent to tion. Maybe before all confidence in this 150 percent of the Federal poverty level CMS has partnered with a number of program is gone and seniors are calling could also qualify for assistance but outstanding groups in Washington for repeal, the administration would will not be automatically enrolled. State who are working hard to get in- look at small, humane fixes today, and Early estimates from the Social Se- formation and help to seniors so they that is the Medicare HEALS Act offers. curity Administration and the Centers can make informed choices. But the for Medicare and Medicaid Services task is made much more difficult when By Mrs. HUTCHISON: (CMS) indicate that a number of sen- CMS announces that materials already S. 1823. A bill to empower States and iors have failed to even apply for eligi- mailed to beneficiaries are incorrect. local governments to prosecute illegal bility determination. I have been told My office received notice this week aliens and to authorize the Secretary from CMS that 18 to 19 million bene- from CMS that the area specific 2006 of Homeland Security to establish a ficiaries were mailed information and version of the ‘‘Medicare and You pilot Volunteer Border Marshal Pro- an application this summer to begin Handbook’’ already mailed to bene- gram; to the Committee on the Judici- the eligibility determination. So far, ficiaries contains a rather large error. ary. only 3 million have even applied. The error occurs in the comparison Mrs. HUTCHISON. Mr. President, I A recent USA Today/Gallup Poll charts listing the Medicare Prescrip- rise today to address a serious threat shows that only 37 percent of bene- tion Drug Plans (PDPs). In the last col- facing our Nation—illegal immigra- ficiaries understand the program some- umn of the comparison table, entitled tion. Despite successful efforts by me what, but 61 percent do not. Fifty-four ‘‘If I qualify for Extra Help, will my and other Members to increase border percent of beneficiaries do not even full premium be covered?’’ patrol forces, add new detention facili- plan on joining the program. Many sen- For each plan listed, the column ties, and improve border monitoring, iors have simply chosen not to even try should say yes if the plan’s premium is the problem of individuals entering our and navigate the process. For some, at or below the regional benchmark, country illegally continues to impact there are more than 20 different plans and a beneficiary who qualifies for the communities across the country. Just with premiums nationwide, ranging low income subsidy would pay no pre- last year, the number of immigrants from $1.87 to $100 and deductibles from mium for this plan. entering our country illegally out- $0 to $250. This does not even get into The column should show no if the numbered those entering through legal restricted formularies or other restric- plan’s premium is above the regional means. While legal immigration con- tions that may be imposed. benchmark and a beneficiary who tributes to the diversity and unique- It is clear that all beneficiaries need qualifies for the low income subsidy ness of our society, illegal immigration more time. Extending the late penalty would pay the difference between the undermines the system and weakens enrollment deadline of May 15, 2006 is regional benchmark and the plan’s pre- the legitimate process by which people the simplest step we can take to give mium. can enter our country. With the Census seniors time to evaluate these plans Due to an error, this column lists yes Bureau estimating that 10 to 11 million and this new benefit. The late enroll- for every plan. Even if one could figure people reside in our country illegally, ment penalty of 1 percent each month out what the regional benchmark is clearly our strategy in confronting this is a huge financial hit that punishes and the difference in the premium, issue must change. those who may need the help the most. they are still getting bad information. Immigration and naturalization are In Washington State, we could see How can anyone determine the value constitutionally defined powers grant- thousands of frail, vulnerable bene- of a plan or benefit when the initial ined to the Federal Government. As such, ficiaries paying significantly more for formation is wrong? many view the issue of immigration as life saving drugs or simply going with- There are other examples of informa- strictly a Federal burden, to be ad- out. There are an estimated 86,167 full tion being provided by CMS that is in- dressed by Federal legislation, policies, dual eligibles and an additional 22,869 correct or inconsistent. I think this and payment. While immigration pol- who receive some assistance from Med- has happened in part because this ad- icy is certainly initiated at the Federal icaid. The intent of MMA and this new ministration is in a race against time level, one cannot ignore the inherent benefit was to expand access to afford- to enroll, enroll, enroll. This kind of truth that the impact of illegal immi- able drug coverage; however, the unin- pressure will only lead to more and gration is predominantly manifested in tended consequence could be the dis- more confusion and distrust. our State and local communities, often ruption of care for millions of low in- As we saw with the temporary dis- in the form of overwhelmed emergency come beneficiaries nationwide. count drug card, seniors simply refused rooms, overburdened school systems, It is my understanding that dual eli- to participate. Even those who would and overcrowded prisons. Our local gibles in Washington State will be have qualified for $600 did not bother to communities often find themselves automatically enrolled into 1 of 12 enroll. The largest enrollment was with little recourse or ability to ad- plans. There are 31 plans participating done by States and private plans for dress the pervasive and crippling ef- as Medicare Advantage or Prescription those who qualified for the subsidy, but fects of a broken immigration system. Drug Plans (PDPs). Within these plans, far more simply did not bother. The These effects, of course, are not con- there are often several different benefit choices were too complex, there were fined to our southern border regions,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11141 but rather they reverberate across the sist the Department in securing our agent, whether currently employed or re- country. borders by using trained, State-li- tired, who is licensed by a State authority to The country’s immigration system is censed peace officers in a volunteer ca- enforce State or local penal offenses. long overdue for a comprehensive over- pacity. These volunteers would be as- By Mr. KERRY (for himself and haul, and I commend the efforts being signed to the Border Patrol on tem- Mr. SCHUMER): made by a number of my colleagues to porary missions to identify and control S. 1824. A bill to amend the Internal generate attention to the need for com- illegal immigration, as well as human Revenue Code of 1986 to strengthen the prehensive immigration reform. Ideas and drug trafficking. earned income tax credit; to the Com- are being proposed to improve avenues In order to properly tackle the prob- mittee on Finance. for legal immigration, enhance en- lem of illegal immigration, Federal, Mr. KERRY. Mr. President, today I forcement capabilities, and address the State, and local authorities must work am introducing the Strengthen the growing presence of illegal immigrants as partners. Our communities must Earned Income Tax Credit Act of 2005. with nationalities other than Mexican. have the tools necessary to fight it ef- Since 1975, the EITC has been an inno- While I applaud these proposals and ea- fectively. My legislation will empower vative tax credit which helps low-in- gerly await our opportunity to discuss States and communities with a new come working families. President them, I believe it is essential that we weapon to combat illegal immigration Reagan referred to the EITC as ‘‘the recognize the role our State and local and thereby reinforce our legal natu- best antipoverty, the best pro-family, communities can have in addressing il- ralization process. I encourage my col- the best job creation measure to come legal immigration, particularly when leagues to support this sensible ap- out of Congress.’’ According to the it comes to the area of enforcement. As proach to addressing this serious prob- Center on Budget and Policy Priorities, such, I am introducing legislation lem. I ask unanimous consent that the the EITC lifts more children out of today to solidify the right and oppor- text of my bill be printed in the poverty than any other government tunity of our State and local govern- RECORD. program. ments to enforce the law—immigration There being no objection, the bill was It is time for us to reexamine the law. ordered to be printed in the RECORD, as EITC and determine where we can Historically, the authority for State follows: strengthen it. Census data released in and local law enforcement officials to August and the events of Hurricane enforce immigration law has been lim- S. 1823 Katrina reiterated the fact that there ited to the criminal provisions of the Be it enacted by the Senate and House of Rep- is a group of Americans that are not resentatives of the United States of America in benefiting from the economic recovery. Immigration and Nationality Act; Congress assembled, these include acts such as physically The Census data shows the number of SECTION 1. SHORT TITLE. crossing the border illegally. By con- people who work, but live in poverty This Act may be cited as the ‘‘Illegal Im- increased by 563,000. Four million more trast, the enforcement of the act’s civil migration Enforcement and Empowerment provisions, which include apprehension Act’’. people were poor in 2004 than in 2001, when the economy hit bottom. The and removal of deportable aliens al- SEC. 2. STATE ENFORCEMENT AND EMPOWER- ready in the country, has been strictly MENT. poverty rate in 2004 remains higher a Federal responsibility, with States (a) IN GENERAL.—A State or unit of local than the rate in 2001, the year of the re- playing an incidental supporting role. government may investigate, identify, ap- cession. This view was recently reinforced when prehend, arrest, detain, prosecute, and im- Hurricane Katrina affected many in- a community in New Hampshire at- pose criminal or civil penalties upon any individuals who were already faced with dividual who violates— tempted to prosecute illegal immi- difficult economic situations. Mis- (1) a Federal immigration law; or sissippi, Louisiana, and Alabama are grants for criminal trespass but was (2) a State law that is based, in part, upon the first, second, and eighth poorest thwarted when a judge ruled it was the violation of Federal immigration law. States in the Nation. The income of constitutionally impermissible, stating (b) LIMITATION.—Criminal penalties im- the typical household in these three that Congress has exclusive jurisdic- posed under subsection (a) may not exceed the penalties authorized under section 275(a) States is well below the national aver- tion on civil immigration issues. age. In the hardest hit counties, 18.6 Enforcing the laws of our country of the Immigration and Nationality Act (8 percent of the population is poor and should not be confined to Federal au- U.S.C. 1325(a)). the national average is 12.4 percent. thorities when the illegal behavior spe- (c) FEDERAL DETERMINATION OF IMMIGRA- TION STATUS.—No penalty may be imposed Time after time, the Republican con- cifically impacts the State and local upon an individual under this section unless trolled Congress has passed tax cuts communities. Just as State and local the individual has been identified by the which are skewed towards those with officials can arrest, detain, and pros- Federal Government as having violated a the most. The Urban Institute-Brook- ecute for illicit drug violations, so they Federal immigration law. ings Institution Tax Policy Center re- should be able to for illegal immigra- SEC. 3. VOLUNTEER BORDER MARSHAL PRO- ports that households with incomes of GRAM. tion violations. The legislation I pro- more than $1 million a year—the rich- (a) ESTABLISHMENT.—Not later than 90 days pose today would enable State and est two-tenths of the population—re- local officials to arrest, detain, and after the date of enactment of this Act, the Secretary of Homeland Security may estab- ceive tax cuts of an average of $103,000 prosecute illegal immigrants for all lish a pilot Volunteer Border Marshal Pro- a year. These individuals do not have Federal immigration violations, both gram (referred to in this section as the ‘‘Pro- to worry about how they will have to civil and criminal, and would authorize gram’’). pay for a roof over their heads or States to create immigration enforce- (b) PURPOSE.—The purpose of the Program enough gas to fill the tank. We should ment provisions in accordance with is to assist the Department of Homeland Se- not be focused on tax cuts which help Federal immigration law. My proposal curity in securing the borders of the United those who do not have to worry about States in a safe and orderly manner by using preserves the Federal Government’s living pay check to pay check. constitutionally delegated authority to volunteer, State-licensed peace officers who are already well trained. We need to help the low-income determine immigration status, a deter- (c) ASSIGNMENTS.—Upon deployment, the workers who struggle day after day mination to which the States would volunteer peace officers shall be sworn in as trying to make ends meet. They have defer. Allowing communities to take Special United States Border Marshals and been left behind in the economic poli- enforcement actions based on their shall be assigned to the Office of Border Pa- cies of the last 4 years. We need to own needs, while working within limits trol, which shall be act as the lead agency of begin a discussion on how to help those set under Federal law, is sound, appro- the Program. that have been left behind. The Earned priate policy. (d) ROTATIONS.—The volunteer peace offi- Income Tax Credit is the perfect place Further, in order to strengthen bor- cers shall rotate on temporary missions to start. der security and reduce the strain on along the international borders of the United The Strengthen the Earned Income States to assist the Office of Border Patrol local and Federal border officials, my in identifying and controlling illegal immi- Tax Credit Act of 2005 strengthens the bill allows the Secretary of Homeland gration and human and drug trafficking. EITC by making the following four Security to create a Volunteer Border (e) DEFINITION.—In this section, the term changes: Reduce marriage penalty; in- Marshal Program The program will as- ‘‘peace officer’’ means any law enforcement crease the credit for families with

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11142 CONGRESSIONAL RECORD — SENATE October 5, 2005 three or more children; slow down the SUBMITTED RESOLUTIONS Whereas we look to the family as an un- phase-out for individuals with no chil- wavering symbol of constancy that will help dren; and permanently extend the pro- us discover a future of prosperity, promise, vision which allows members of the SENATE RESOLUTION 265—RECOG- and potential; NIZING 2005 AS THE YEAR OF Whereas within our Nation’s libraries and armed forces to include combat pay as archives lie the treasured records that detail income for EITC computations. By THE 50TH ANNIVERSARY OF THE CROP SCIENCE SOCIETY OF the history of our Nation, our States, our making these changes, more individ- communities, and our citizens; uals and families would benefit from AMERICA Whereas individuals from across our Na- the EITC. Mr. FEINGOLD submitted the fol- tion and across the world have embarked on First, the legislation increases mar- lowing resolution; which was referred a genealogical journey by discovering who riage penalty relief and makes it per- to the Committee on Agriculture, Nu- their ancestors were and how various forces trition, and Forestry: shaped their past; manent. In the way that the EITC is Whereas an ever-growing number of people currently structured, many single indi- S. RES. 265 in our Nation, and in other nations, are col- viduals that marry find themselves Whereas the Crop Science Society of Amer- lecting, preserving, and sharing genealogies, faced with a reduction in their EITC ica was founded in 1955, with Gerald O. Mott personal documents, and memorabilia that once they are married. The tax code as its first President; detail the life and times of families around should not penalize individuals who Whereas the Crop Science Society of Amer- the world; marry. ica is one of the premier scientific societies Whereas 54,000,000 individuals belong to a in the world, as shown by its world-class family where someone in the family has used Second, the legislation increases the journals, international and regional meet- the Internet to research their family history; credit for families with three or more ings, and development of a broad range of Whereas individuals from across our Na- children. This proposal would make the educational opportunities; tion, and across the world, continue to re- credit more generous for families with Whereas the science and scholarship of the search their family heritage and its impact 3 or more children. Increasing the cred- Crop Science Society of America are mis- upon the history of our Nation and the it rate results in an increase in the sion-directed, with the goal of addressing ag- world; phase-out range. More families would ricultural challenges facing humanity; Whereas approximately 60 percent of Whereas the Crop Science Society of Amer- be able to benefit from the EITC. The Americans have expressed an interest in ica significantly contributes to the scientific tracing their family history; poverty level for an adult living with and technical knowledge necessary to pro- Whereas the study of family history gives three children is $19,233. Under current tect and sustain natural resources in the individuals a sense of their heritage and a law, an adult living with three children United States; sense of responsibility in carrying out a leg- and eligible for the maximum EITC Whereas the Crop Science Society plays a acy that their ancestors began; with income equivalent to the phase- key role internationally in developing sus- Whereas as individuals learn about their out income level would still have in- tainable agricultural management and bio- ancestors who worked so hard and sacrificed come below the poverty level. This pro- diversity conservation for the protection and so much, their commitment to honor the sound management of the crop resources of vision would lift this family above the memory of their ancestors by doing good is the world; increased; poverty level. Some 36 percent of all Whereas the mission of the Crop Science Whereas interest in our personal family children live in families with at least Society of America continues to expand, history transcends all cultural and religious three children and more than half of from the development of sustainable produc- affiliations; poor children live in such families. tion of food and forage, to the production of Whereas to encourage family history re- Third, the legislation would slow renewable energy and novel industrial prod- search, education, and the sharing of knowl- down the phase-out rate for individuals ucts; edge is to renew the commitment to the con- without children. It would result in Whereas, in industry, extension, and basic cept of home and family; and research, the Crop Science Society of Amer- Whereas the involvement of national, more individuals without children eli- ica has fostered a dedicated professional and State, and local officials in promoting gene- gible for the credit. For 2005, an indi- scientific community that, in 2005, includes alogy and in facilitating access to family vidual with earnings above $11,750 more than 3,000 members; and history records in archives and libraries are would not be eligible for the EITC. Whereas the American Society of Agron- important factors in the successful percep- Under the proposal, an individual with omy was the parent society that led to the tion of nationwide camaraderie, support, and earnings above $16,950 would not be eli- formation of both the Crop Science Society participation: Now, therefore, be it gible for the EITC. The EITC for indi- of America and the Soil Science Society of Resolved, That the Senate— viduals with no children only offsets a America and fostered the development of the (1) designates the month of October 2005, as common overall management of the 3 sister ‘‘Family History Month’’; and portion of federal taxes. Giving more societies: Now, therefore, be it (2) calls upon the people of the United individuals the EITC would help pro- Resolved, That the Senate— States to observe the month with appro- vide an incentive to work. (1) recognizes 2005 as the 50th Anniversary priate ceremonies and activities. Fourth, the Working Families Tax year of the Crop Science Society of America; f Relief Act of 2004 included a provision (2) commends the Crop Science Society of which would treat combat pay as America for 50 years of dedicated service to SENATE RESOLUTION 267—TO AU- advance the science and practice of crop earned income for purposes of com- science; and THORIZE TESTIMONY, DOCU- puting the child credit. This provision (3) acknowledges the promise of the Crop MENT PRODUCTION, AND LEGAL expires at the end of the year. This leg- Science Society of America to continue to REPRESENTATION IN STATE OF islation makes this provision perma- enrich the lives of all citizens, by improving NEW HAMPSHIRE V. ANNE MIL- nent. There is no reason why a member stewardship of the environment, combating LER, MARY LEE SARGENT, JES- of the armed services should lose their world hunger, and enhancing the quality of SICA ELLIS, LYNN CHONG, DON- EITC when they are mobilized and life for the next 50 years and beyond. ALD BOOTH, EILEEN REARDON serving their country. f Mr. FRIST (for himself and Mr. REID) This legislation will help those who SENATE RESOLUTION 266—DESIG- submitted the following resolution; most need our help. It will put more NATING THE MONTH OF OCTO- which was considered and agreed to: money in their pay check. We need to BER 2005, AS ‘‘FAMILY HISTORY Whereas, in the cases of State of New invest in our families and help individ- MONTH’’ Hampshire v. Anne Miller, Mary Lee Sar- uals who want to make a living by Mr. HATCH submitted the following gent, Jessica Ellis, Lynn Chong, Donald working. We are all aware of our fiscal resolution; which was considered and Booth, Eileen Reardon, pending in Concord situation and we should legislate in a District Court, New Hampshire, testimony agreed to: responsible manner. It is a time for and documents have been requested from shared sacrifice. We do not need to ex- S. RES. 266 Carol Carpenter, an employee in the office of tend tax cuts or allow tax cuts to go Whereas it is the family, striving for a fu- Senator Judd Gregg; forward that only benefit those earning ture of opportunity and hope, that reflects Whereas, pursuant to sections 703(a) and our Nation’s belief in community, stability, 704(a)(2) of the Ethics in Government Act of over $200,000. We cannot keep adding to and love; 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the the deficit Whereas the family remains an institution Senate may direct its counsel to represent Thank you for your consideration. of promise, reliance, and encouragement; an employee of the Senate with respect to

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11143 any subpoena, order, or request for testi- tary construction, and for defense activities chapter 73 of title 10, United States Code, mony relating to their official responsibil- of the Department of Energy, to prescribe that is in effect before the effective date pro- ities; personnel strengths for such fiscal year for vided under subsection (e) and that is ad- Whereas, by the privileges of the Senate of the Armed Forces, and for other purposes; justed by reason of the amendments made by the United States and Rule XI of the Stand- which was ordered to lie on the table. subsection (a) and who has received a refund ing Rules of the Senate, no evidence under SA 2052. Mr. INHOFE submitted an amend- of retired pay under section 1450(e) of title the control or in the possession of the Senate ment intended to be proposed to amendment 10, United States Code, shall not be required may, by the judicial or administrative proc- SA 1955 proposed by Mr. WARNER (for himself to repay such refund to the United States. ess, be taken from such control or possession and Mr. LEVIN) to the bill H.R. 2863, making (d) RECONSIDERATION OF OPTIONAL ANNU- but by permission of the Senate; appropriations for the Department of De- ITY.—Section 1448(d)(2) of title 10, United Whereas, when it appears that evidence fense for the fiscal year ending September 30, States Code, is amended by adding at the end under the control or in the possession of the 2006, and for other purposes; which was or- the following new sentences: ‘‘The surviving Senate may promote the administration of dered to lie on the table. spouse, however, may elect to terminate an justice, the Senate will take such action as annuity under this subparagraph in accord- f will promote the ends of justice consistent ance with regulations prescribed by the Sec- retary concerned. Upon such an election, with the privileges of the Senate: Now, TEXT OF AMENDMENTS therefore, be it payment of an annuity to dependent children Resolved that Carol Carpenter and other SA 2046. Mr. SCHUMER submitted an under this subparagraph shall terminate effective on the first day of the first month employees of Senator Gregg’s office from amendment intended to be proposed by that begins after the date on which the Sec- whom testimony or the production of docu- him to the bill S. 1042, to authorize ap- retary concerned receives notice of the elec- ments may be required are authorized to tes- propriations for fiscal year 2006 for tion, and, beginning on that day, an annuity tify and produce documents in the cases of military activities of the Department shall be paid to the surviving spouse under State of New Hampshire v. Anne Miller, of Defense, for military construction, paragraph (1) instead.’’. Mary Lee Sargent, Jessica Ellis, Lynn and for defense activities of the De- (e) EFFECTIVE DATE.—The amendments Chong, Donald Booth, Eileen Reardon, ex- made by this section shall take effect on the cept concerning matters for which a privi- partment of Energy, to prescribe personnel strengths for such fiscal year later of— lege should be asserted. (1) the first day of the first month that be- SEC. 2. The Senate Legal Counsel is author- for the Armed Forces, and for other gins after the date of the enactment of this ized to represent Carol Carpenter and other purposes; which was ordered to lie on Act; or employees of Senator Gregg’s office in con- the table; as follows: (2) the first day of the fiscal year that be- nection with the testimony and document On page 378, between lines 10 and 11, insert gins in the calendar year in which this Act is production authorized in section one of this the following: enacted. resolution. SEC. 31ll. MEDICAL ISOTOPE PRODUCTION. SEC. 643. EFFECTIVE DATE FOR PAID-UP COV- f ERAGE UNDER SURVIVOR BENEFIT Section 134 of the Atomic Energy Act of PLAN. AMENDMENTS SUBMITTED AND 1954 (42 U.S.C. 2160d) (as amended by section Section 1452(j) of title 10, United States PROPOSED 630 of the Energy Policy Act of 2005 (Public Code, is amended by striking ‘‘October 1, Law 109–58; 119 Stat. 594)) is amended— 2008’’ and inserting ‘‘October 1, 2005’’. SA 2046. Mr. SCHUMER submitted an (1) in subsection a., by striking ‘‘Except as amendment intended to be proposed by him provided in subsection b., the Commission’’ SA 2048. Mr. HARKIN (for himself to the bill S. 1042, to authorize appropria- and inserting ‘‘The Commission’’; and Mr. DORGAN) submitted an amend- tions for fiscal year 2006 for military activi- (2) by striking subsection b.; and ties of the Department of Defense, for mili- ment intended to be proposed to (3) by redesignating subsection c. as sub- amendment SA 1955 proposed by Mr. tary construction, and for defense activities section b. of the Department of Energy, to prescribe WARNER (for himself and Mr. LEVIN) to personnel strengths for such fiscal year for SA 2047. Mr. NELSON of Florida (for the bill H.R. 2863, making appropriations for the Department of Defense for the Armed Forces, and for other purposes; himself, Mr. CORZINE, Mr. MARTINEZ, which was ordered to lie on the table. the fiscal year ending September 30, Mr. NELSON of Nebraska, Mr. THUNE, SA 2047. Mr. NELSON of Florida (for him- 2006, and for other purposes; which was Mrs. BOXER, Ms. LANDRIEU, Mr. BINGA- self, Mr. CORZINE, Mr. MARTINEZ, Mr. NELSON ordered to lie on the table; as follows: MAN, Ms. CANTWELL, Mrs. FEINSTEIN, of Nebraska, Mr. THUNE, Mrs. BOXER, Ms. At the end of subtitle A of title IX of divi- Mr. HARKIN, Mr. KERRY, and Ms. MI- LANDRIEU, Mr. BINGAMAN, Ms. CANTWELL, sion A, as added by Senate amendment No. Mrs. FEINSTEIN, Mr. HARKIN, Mr. KERRY, and KULSKI) submitted an amendment in- 1955, add the following: Ms. MIKULSKI) submitted an amendment intended to be proposed by him to the SEC. 903. AMERICAN FORCES NETWORK. tended to be proposed by him to the bill H.R. bill H.R. 2863, making appropriations (a) MISSION.—The American Forces Net- 2863, making appropriations for the Depart- for the Department of Defense for the work (AFN) shall provide members of the ment of Defense for the fiscal year ending fiscal year ending September 30, 2006, Armed Forces, civilian employees of the De- September 30, 2006, and for other purposes; partment of Defense, and their families sta- which was ordered to lie on the table. and for other purposes; which was ordered to lie on the table; as follows: tioned outside the continental United States SA 2048. Mr. HARKIN (for himself and Mr. and at sea with the same type and quality of DORGAN) submitted an amendment intended At the end of subtitle D of title VI of divi- American radio and television news, infor- to be proposed to amendment SA 1955 pro- sion A, as added by Senate amendment No. mation, sports, and entertainment as is posed by Mr. WARNER (for himself and Mr. 1955, add the following: available in the continental United States. LEVIN) to the bill H.R. 2863, supra; which was SEC. 642. REPEAL OF REQUIREMENT OF REDUC- (b) POLITICAL PROGRAMMING.— ordered to lie on the table. TION OF SBP SURVIVOR ANNUITIES (1) FAIRNESS AND BALANCE.—All political SA 2049. Mr. WARNER (for himself and Mr. BY DEPENDENCY AND INDEMNITY programming of the American Forces Net- LEVIN) submitted an amendment intended to COMPENSATION. work shall be characterized by its fairness be proposed to amendment SA 1955 proposed (a) REPEAL.—Subchapter II of chapter 73 of and balance. by Mr. WARNER (for himself and Mr. LEVIN) title 10, United States Code is amended— (2) FREE FLOW OF PROGRAMMING.—The to the bill H.R. 2863, supra; which was or- (1) in section 1450(c)(1), by inserting after American Forces Network shall provide in dered to lie on the table. ‘‘to whom section 1448 of this title applies’’ its programming a free flow of political pro- SA 2050. Mr. SCHUMER submitted an the following: ‘‘(except in the case of a death gramming from United States commercial amendment intended to be proposed to as described in subsection (d) or (f) of such and public radio and television stations. amendment SA 1955 proposed by Mr. WAR- section)’’; and (c) OMBUDSMAN OF THE AMERICAN FORCES NER (for himself and Mr. LEVIN) to the bill (2) in section 1451(c)— NETWORK.— H.R. 2863, supra; which was ordered to lie on (A) by striking paragraph (2); and (1) ESTABLISHMENT.—There is hereby estab- the table. (B) by redesignating paragraphs (3) and (4) lished the Office of the Ombudsman of the SA 2051. Mrs. CLINTON (for herself, Ms. as paragraphs (2) and (3), respectively. American Forces Network. MIKULSKI, Mr. LAUTENBERG, Mr. HARKIN, Mr. (b) PROHIBITION ON RETROACTIVE BENE- (2) HEAD OF OFFICE.— JEFFORDS, Mr. REED, Mr. SALAZAR, Mr. FITS.—No benefits may be paid to any person (A) OMBUDSMAN.—The head of the Office of OBAMA, Mrs. BOXER, Ms. STABENOW, Mr. for any period before the effective date pro- the Ombudsman of the American Forces Net- CORZINE, Mr. SCHUMER, Mr. DURBIN, Mrs. vided under subsection (e) by reason of the work shall be the Ombudsman of the Amer- FEINSTEIN, Mr. FEINGOLD, Mr. CARPER, Mr. amendments made by subsection (a). ican Forces Network (in this subsection re- JOHNSON, and Mr. LEAHY) submitted an (c) PROHIBITION ON RECOUPMENT OF CERTAIN ferred to as the ‘‘Ombudsman’’), who shall be amendment intended to be proposed by her AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- appointed by the Secretary of Defense. to the bill S. 1042, to authorize appropria- CIPIENTS.—A surviving spouse who is or has (B) QUALIFICATIONS.—Any individual nomi- tions for fiscal year 2006 for military activi- been in receipt of an annuity under the Sur- nated for appointment to the position of Om- ties of the Department of Defense, for mili- vivor Benefit Plan under subchapter II of budsman shall have recognized expertise in

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11144 CONGRESSIONAL RECORD — SENATE October 5, 2005 the field of mass communications, print SEC. 903. REDESIGNATION OF THE NAVAL RE- ‘‘§ 7226. Navy Reserve yacht pennant’’. media, or broadcast media. SERVE AS THE NAVY RESERVE. (F) The heading of section 10108 of such (C) PART-TIME STATUS.—The position of (a) REDESIGNATION OF RESERVE COMPO- title is amended to read as follows: Ombudsman shall be a part-time position. NENT.—The reserve component of the Armed ‘‘§ 10108. Navy Reserve: administration’’. (D) TERM.—The term of office of the Om- Forces known as the Naval Reserve is redes- (G) The heading of section 10172 of such budsman shall be five years. ignated as the Navy Reserve. title is amended to read as follows: (b) CONFORMING AMENDMENTS TO TITLE 10, (E) REMOVAL.—The Ombudsman may be re- ‘‘§ 10172. Navy Reserve Force’’. UNITED STATES CODE.— moved from office by the Secretary only for (H) The heading of section 10303 of such malfeasance. (1) TEXT AMENDMENTS.—Title 10, United States Code, is amended by striking ‘‘Naval title is amended to read as follows: (3) DUTIES.— ‘‘§ 10303. Navy Reserve Policy Board’’. (A) IN GENERAL.—The Ombudsman shall en- Reserve’’ each place it appears in a provision as follows and inserting ‘‘Navy Reserve’’: (I) The heading of section 12010 of such sure that the American Forces Network ad- title is amended to read as follows: heres to the standards and practices of the (A) Section 513(a). (B) Section 516. ‘‘§ 12010. Computations for Navy Reserve and Marine Network in its programming. Corps Reserve: rule when fraction oc- (B) PARTICULAR DUTIES.—In carrying out (C) Section 526(b)(2)(C)(i). (D) Section 971(a). curs in final result’’. the duties of the Ombudsman under this (J) The heading of section 14306 of such paragraph, the Ombudsman shall— (D) Section 5001(a)(1). (F) Section 5143. title is amended to read as follows: (i) initiate and conduct, with such fre- ‘‘§ 14306. Establishment of promotion zones: Navy Re- quency as the Ombudsman considers appro- (G) Section 5596(c). (H) Section 6323(f). serve and Marine Corps Reserve run- priate, reviews of the integrity, fairness, and ning mate system’’. (I) Section 6327. balance of the programming of the American (4) TABLES OF CONTENTS AMENDMENTS.—(A) (J) Section 6330(b). Forces Network; The table of sections at the beginning of (K) Section 6331(a)(2). (ii) initiate and conduct, upon the request chapter 513 of such title is amended by strik- (L) Section 6336. of Congress or members of the audience of ing the item relating to section 5143 and in- (M) Section 6389. the American Forces Network, reviews of the serting the following new item: (N) Section 6911(c)(1). programming of the Network; ‘‘5143. Office of Navy Reserve: appointment (iii) identify, pursuant to reviews under (O) Section 6913(a). of Chief.’’. clause (i) or (ii) or otherwise, circumstances (P) Section 6915. in which the American Forces Network has (Q) Section 6954(b)(3). (B) The table of sections at the beginning not adhered to the standards and practices of (R) Section 6956(a)(2). of chapter 571 of such title is amended by the Network in its programming, including (S) Section 6959(a). striking the item relating to section 6327 and circumstances in which the programming of (T) Section 7225. inserting the following new item: the Network lacked integrity, fairness, or (U) Section 7226. ‘‘6327. Officers and enlisted members of the balance; and (V) Section 7605(1). Navy Reserve and Marine Corps (iv) make recommendations to the Amer- (W) Section 7852. Reserve: 30 years; 20 years; re- ican Forces Network on means of correcting (X) Section 7853. tired pay.’’. the lack of adherence identified pursuant to (Y) Section 7854. (C) The table of sections at the beginning clause (iii). (Z) Section 10101(3). of chapter 573 of such title is amended by (C) LIMITATION.—In carrying out the duties (AA) Section 10108. striking the item relating to section 6389 and of the Ombudsman under this paragraph, the (BB) Section 10172. inserting the following new item: (CC) Section 10301(a)(7). Ombudsman may not engage in any pre- ‘‘6389. Navy Reserve and Marine Corps Re- (DD) Section 10303. broadcast censorship or pre-broadcast review serve; officers: elimination (EE) Section 12004(e)(2). of the programming of the American Forces from active status; computa- (FF) Section 12005. Network. tion of total commissioned (GG) Section 12010. (4) RESOURCES.—The Secretary of Defense service.’’. shall provide the Office of the Ombudsman of (HH) Section 12011(a)(2). the American Forces Network such per- (II) Section 12012(a). (D) The table of sections at the beginning sonnel and other resources as the Secretary (JJ) Section 12103. of chapter 631 of such title is amended by and the Ombudsman jointly determine ap- (KK) Section 12205. striking the items relating to sections 7225 propriate to permit the Ombudsman to carry (LL) Section 12207(b)(2). and 7226 and inserting the following new out the duties of the Ombudsman under (MM) Section 12732. items: paragraph (3). (NN) Section 12774(b) (other than the first ‘‘7225. Navy Reserve flag. (5) INDEPENDENCE.—The Secretary shall place it appears). ‘‘7226. Navy Reserve yacht pennant.’’. take appropriate actions to ensure the com- (OO) Section 14002(b). (E) The table of sections at the beginning plete independence of the Ombudsman and (PP) Section 14101(a)(1). of chapter 1003 of such title is amended by the Office of the Ombudsman of the Amer- (QQ) Section 14107(d). striking the item relating to section 10108 ican Forces Network within the Department (RR) Section 14302(a)(1)(A). and inserting the following new item: of Defense. (SS) Section 14313(b). ‘‘10108. Navy Reserve: administration.’’. (6) ANNUAL REPORTS.— (TT) Section 14501(a). (F) The table of sections at the beginning (A) IN GENERAL.—The Ombudsman shall (UU) Section 14512(b). of chapter 1006 of such title is amended by submit to the Secretary of Defense and the (VV) Section 14705(a). striking the item relating to section 10172 congressional defense committees each year (WW) Section 16201(d)(1)(B)(ii). and inserting the following new item: a report on the activities of the Office of the (2) CAPTION AMENDMENTS.—Such title is ‘‘10172. Navy Reserve Force.’’. Ombudsman of the American Forces Net- further amended by striking ‘‘NAVAL RE- work during the preceding year. SERVE’’ each place it appears in a provision (G) The table of sections at the beginning of chapter 1009 of such title is amended by (B) AVAILABILITY TO PUBLIC.—The Ombuds- as follows and inserting ‘‘NAVY RESERVE’’: man shall make available to the public each (A) Section 971(a). striking the item relating to section 10303 (B) Section 5143(a). report submitted under subparagraph (A) and inserting the following new item: (3) SECTION HEADING AMENDMENTS.—(A) The ‘‘10303. Navy Reserve Policy Board.’’. through the Internet website of the Office of heading of section 5143 of such title is the Ombudsman of the American Forces Net- amended to read as follows: (H) The table of sections at the beginning work and by such other means as the Om- of chapter 1201 of such title is amended by ‘‘§ 5143. Office of Navy Reserve: appointment of budsman considers appropriate. Chief’’. striking the item relating to section 12010 (B) The heading of section 6327 of such title and inserting the following new item: SA 2049. Mr. WARNER (for himself is amended to read as follows: ‘‘12010. Computations for Navy Reserve and and Mr. LEVIN) submitted an amend- ‘‘§ 6327. Officers and enlisted members of the Navy Marine Corps Reserve: rule ment intended to be proposed to Reserve and Marine Corps Reserve: 30 when fraction occurs in final amendment SA 1955 by Mr. WARNER years; 20 years; retired pay’’. result.’’. (for himself and Mr. LEVIN) to the bill (C) The heading of section 6389 of such title (I) The table of sections at the beginning of H.R. 2863, making appropropriations is amended to read as follows: chapter 1405 of such title is amended by for the Department of Defense for the ‘‘§ 6389. Navy Reserve and Marine Corps Reserve; of- striking the item relating to section 14306 ficers: elimination from active status; and inserting the following new item: fiscal year ending September 30, 2006, computation of total commissioned and for other purposes; which was or- service’’. ‘‘14306. Establishment of promotion zones: dered to lie on the table; as follows: (D) The heading of section 7225 of such title Navy Reserve and Marine Corps On page 2, line 16, strike ‘‘$3,008,982,000’’ is amended to read as follows: Reserve running mate sys- and insert ‘‘$3,108,982,000’’. ‘‘§ 7225. Navy Reserve flag’’. tem.’’. At the end of subtitle A of title IX, add the (E) The heading of section 7226 of such title (c) CONFORMING AMENDMENT TO TITLE 14, following: is amended to read as follows: UNITED STATES CODE.—Section 705 of title 14,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11145 United States Code, is amended by striking On page 117, line 11, insert ‘‘through a com- SEC. 846. REPORTS OF ADVISORY PANEL ON ‘‘Naval Reserve’’ each place it appears and puter accessible Internet website and other LAWS AND REGULATIONS ON ACQUI- inserting ‘‘Navy Reserve’’. means and’’ before ‘‘at no cost’. SITION PRACTICES. (a) EXTENSION OF FINAL REPORT.—Section (d) CONFORMING AMENDMENTS TO TITLE 37, At the end of subtitle C of title IX, add the 1423(d) of the Services Acquisition Reform UNITED STATES CODE.— following: (1) TEXT AMENDMENTS.—Title 37, United Act of 2003 (title XIV of Public Law 108–136; SEC. 924. AUTHORITY FOR UNITED STATES AIR 117 Stat. 1669; 41 U.S.C. 405 note) is amended States Code, is amended by striking ‘‘Naval FORCE INSTITUTE OF TECHNOLOGY Reserve’’ each place it appears in a provision by striking ‘‘one year’’ and inserting ‘‘two TO RECEIVE FACULTY RESEARCH years’’. as follows and inserting ‘‘Navy Reserve’’: GRANTS FOR CERTAIN PURPOSES. (b) REQUIREMENT FOR INTERIM REPORT.— (A) Section 101(24)(C). Section 9314 of title 10, United States Code, That section is further amended— (B) Section 201(d). is amended by adding at the end the fol- (1) by inserting ‘‘(1)’’ before ‘‘Not later (C) Section 205(a)(2)(I). lowing new subsection: than’’; and (D) Section 301c(d). ‘‘(d) ACCEPTANCE OF RESEARCH GRANTS.—(1) (2) by adding at the end the following new (E) Section 319(a). The Secretary of the Air Force may author- paragraph: (F) Section 905. ize the Commandant of the United States Air ‘‘(2) Not later than one year after the date (2) CAPTION AMENDMENT.—Section 301c(d) of Force Institute of Technology to accept of the establishment of the panel, the panel such title is further amended by striking qualifying research grants. Any such grant shall submit to the official and committees ‘‘NAVAL RESERVE’’ and inserting ‘‘NAVY RE- may only be accepted if the work under the referred to in paragraph (1) an interim report SERVE’’. grant is to be carried out by a professor or on the matters set forth in that paragraph.’’. (e) CONFORMING AMENDMENTS TO TITLE 38, instructor of the Institute for a scientific, On page 371, between lines 8 and 9, insert UNITED STATES CODE.—Title 38, United literary, or educational purpose. the following: States Code, is amended by striking ‘‘Naval ‘‘(2) For purposes of this subsection, a SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT Reserve’’ each place it appears in a provision ANNEX. as follows and inserting ‘‘Navy Reserve’’: qualifying research grant is a grant that is awarded on a competitive basis by an entity (a) DESIGNATION.—The annex to the E. Bar- (1) Section 101(27)(B). rett Prettyman Federal Building and United (2) Section 3002(6)(C). referred to in paragraph (3) for a research project with a scientific, literary, or edu- States Courthouse located at 333 Constitu- (3) Section 3202(1)(C)(iii). tion Avenue Northwest in the District of Co- (4) Section 3452(a)(3)(C). cational purpose. lumbia shall be known and designated as the (f) CONFORMING AMENDMENTS TO OTHER ‘‘(3) An entity referred to in this paragraph ‘‘William B. Bryant Annex’’. CODIFIED TITLES.— is a corporation, fund, foundation, edu- (b) REFERENCES.—Any reference in a law, (1) TITLE 5, UNITED STATES CODE.—Section cational institution, or similar entity that is map, regulation, document, paper, or other 2108(1)(B) of title 5, United States Code, is organized and operated primarily for sci- record of the United States to the annex re- amended by striking ‘‘Naval Reserve’’ and entific, literary, or educational purposes. ferred to in subsection (a) shall be deemed to inserting ‘‘Navy Reserve’’. ‘‘(4) The Secretary shall establish an ac- be a reference to the ‘‘William B. Bryant (2) TITLE 18, UNITED STATES CODE.—Section count for the administration of funds re- Annex’’. 2387(b) of title 18, United States Code, is ceived as qualifying research grants under At the end of subtitle B of title VII, add amended by striking ‘‘Naval Reserve’’ and this subsection. Funds in the account with the following: inserting ‘‘Navy Reserve’’. respect to a grant shall be used in accord- SEC. 718. REPORT ON THE DEPARTMENT OF DE- (3) TITLE 46, UNITED STATES CODE.—(A) Title ance with the terms and condition of the FENSE COMPOSITE HEALTH CARE 46, United States Code, is amended by strik- grant and subject to applicable provisions of SYSTEM II. ing ‘‘Naval Reserve’’ each place it appears in the regulations prescribed under paragraph (a) REPORT REQUIRED.—Not later than six a provision as follows and inserting ‘‘Navy (6). months after the date of the enactment of Reserve’’: ‘‘(5) Subject to such limitations as may be this Act, the Secretary of Defense shall sub- (i) Section 8103(g). provided in appropriations Acts, appropria- mit to the appropriate committees of Con- (ii) Section 8302(g). tions available for the United States Air gress a report on the Department of Defense (B) The heading of section 8103 of such title Force Institute of Technology may be used Composite Health Care System II (CHCS II). is amended to read as follows: to pay expenses incurred by the Institute in (b) REPORT ELEMENTS.—The report under ‘‘§ 8103. Citizenship and Navy Reserve requirements’’. applying for, and otherwise pursuing, the subsection (a) shall include the following: (C) The table of sections at the beginning award of qualifying research grants. (1) A chronology and description of pre- of chapter 81 of such title is amended by vious efforts undertaken to develop an elec- ‘‘(6) The Secretary of the Air Force shall striking the item relating to section 8103 and tronic medical records system capable of prescribe regulations for purposes of the ad- inserting the following new item: maintaining a two-way exchange of data be- ministration of this subsection.’’. tween the Department of Defense and the ‘‘8103. Citizenship and Navy Reserve require- At the end of subtitle C of title III, add the ments.’’. Department of Veterans Affairs. following: (2) The plans as of the date of the report, (g) CONFORMING AMENDMENTS TO OTHER SEC. 330. MODIFICATION OF AUTHORITY OF including any projected commencement LAWS.— ARMY WORKING-CAPITAL FUNDED (1) Section 2301(4)(C) of the Elementary and dates, for the implementation of the Com- FACILITIES TO ENGAGE IN COOPER- posite Health Care System II. Secondary Education Act of 1965 (20 U.S.C. ATIVE ACTIVITIES WITH NON-ARMY 6671(4)(C)) is amended by striking ‘‘Naval Re- ENTITIES. (3) A statement of the amounts obligated and expended as of the date of the report on serve’’ and inserting ‘‘Navy Reserve’’. (a) APPLICABILITY OF SUNSET.—Subsection (2)(A) The Merchant Marine Act, 1936 is the development of a system for the two-way (j) of section 4544 of title 10, United States exchange of data between the Department of amended by striking ‘‘Naval Reserve’’ each Code, is amended by striking ‘‘September 30, place it appears in a provision as follows and Defense and the Department of Veterans Af- 2009,’’ and all that follows through the end fairs, including the Composite Health Care inserting ‘‘Navy Reserve’’: and inserting September 30, 2009.’’. (i) Section 301(b) (46 U.S.C. App. 1131(b)). System II. (b) CREDITING OF PROCEEDS OF SALE OF AR- (ii) Section 1303 (46 U.S.C. App. 1295b). (4) An estimate of the amounts that will be TICLES AND SERVICES.—Such section is fur- (iii) Section 1304 (46 U.S.C. App. 1295c). required for the completion of the Composite ther amended— (B) Such Act is further amended by strik- Health Care System II. (1) in subsection (d), by striking ‘‘sub- ing ‘‘NAVAL RESERVE’’ each place it appears (5) A description of the software and hard- section (e)’’ and inserting ‘‘subsection (f)’’; in a provision as follows and inserting ‘‘NAVY ware being considered as of the date of the (2) by redesignating subsections (e), (f), (g), RESERVE’’: report for use in the Composite Health Care (i) Section 1303(c). (h), and (i) as subsections (f), (g), (h), (i), and System II. (ii) 1304(h). (j), respectively; (6) A description of the management struc- (3)(A) Section 6(a)(1) of the Military Selec- (3) by inserting after subsection (d) the fol- ture used in the development of the Com- tive Service Act (50 U.S.C. App. 456(a)(1)) is lowing new subsection (e): posite Health Care System II. amended by striking ‘‘United States Naval ‘‘(e) PROCEEDS CREDITED TO WORKING CAP- (7) A description of the accountability Reserves’’ and inserting ‘‘members of the ITAL FUND.—The proceeds of sale of an arti- measures utilized during the development of United States Navy Reserve’’. cle or service pursuant to a contract or other the Composite Health Care System II in (B) Section 16(i) of such Act (50 U.S.C. App. cooperative arrangement under this section order to evaluate progress made in the devel- 446(i)) is amended by striking ‘‘Naval Re- shall be credited to the working capital fund opment of that System. serve’’ and inserting ‘‘Navy Reserve’’. that incurs the cost of manufacturing the ar- (8) The schedule for the remaining develop- (h) OTHER REFERENCES.—Any reference in ticle or performing the service.’’; and ment of the Composite Health Care System any law, regulation, document, record, or (4) in subsection (g), as redesignated by II. other paper of the United States to the paragraph (2) of this subsection, by striking (c) APPROPRIATE COMMITTEES OF CONGRESS Naval Reserve, other than a reference to the ‘‘subsection (e)’’ and inserting ‘‘subsection DEFINED.—In this section, the term ‘‘appro- Naval Reserve regarding the United States (f)’’. priate committees of Congress’’ means— Naval Reserve Retired List, shall be consid- At the end of subtitle E of title VIII, add (1) the Committees on Armed Services, Ap- ered to be a reference to the Navy Reserve. the following: propriations, Veterans’ Affairs, and Health,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11146 CONGRESSIONAL RECORD — SENATE October 5, 2005 Education, Labor, and Pensions of the Sen- agreements and standards to which all states (ii) a summary of alternative actions the ate; and should adhere through existing authority Secretary plans to take to address the pur- (2) the Committees on Armed Services, Ap- and the additional protocols signed by the poses underlying the recommendation. propriations, Veterans’ Affairs, and Energy states party to the Nuclear Non-Prolifera- (3) A summary of any additional actions and Commerce of the House of Representa- tion Treaty; the Secretary plan to take to address con- tives. (D) to demonstrate the international com- cerns raised by the Task Force. On page 66, after line 22, insert the fol- munity’s unified opposition to a nuclear (c) CONSULTATION.—To the extent prac- lowing: weapons program in Iran by— ticable, the Secretary may consult with SEC. 330. SENSE OF THE SENATE REGARDING (i) supporting the efforts of the United other departments and agencies of the Fed- DEPOT MAINTENANCE. States and the European Union to prevent eral Government, institutions of higher edu- (a) FINDINGS.—The Senate finds that— the Government of Iran from acquiring a nu- cation and other academic organizations, (1) the Depot Maintenance Strategy and clear weapons capability; and and industry in the development of the re- Master Plan of the Air Force reflects the es- (ii) using all appropriate diplomatic means port required by subsection (a). sential requirements for the Air Force to at their disposal to convince the Government On page 378, between lines 10 and 11, insert maintain a ready and controlled source of or- of Iran to abandon its uranium enrichment the following: ganic technical competence, thereby ensur- program; SEC. 31 ll. SAVANNAH RIVER NATIONAL LAB- ing an effective and timely response to na- (E) to strongly support the ongoing United ORATORY. tional defense contingencies and emergency States diplomatic efforts in the context of The Savannah River National Laboratory requirements; the six-party talks that seek the verifiable shall be a participating laboratory in the De- (2) since the publication of the Depot Main- and irreversible disarmament of North Ko- partment of Energy laboratory directed re- tenance Strategy and Master Plan of the Air rea’s nuclear weapons programs and to use search and development program. At the end of subtitle C of title III, add the Force in 2002, the service has made great all appropriate diplomatic means to achieve following: progress toward modernizing all 3 of its De- this result; pots, in order to maintain their status as (F) to pursue diplomacy designed to ad- SEC. 330. WELFARE OF SPECIAL CATEGORY RESI- DENTS AT NAVAL STATION GUANTA- ‘‘world class’’ maintenance repair and over- dress the underlying regional security prob- haul operations; NAMO BAY, CUBA. lems in Northeast Asia, South Asia, and the (a) IN GENERAL.—The Secretary of the (3) one of the indispensable components of Middle East, which would facilitate non-pro- the Depot Maintenance Strategy and Master Navy may provide for the general welfare, liferation and disarmament efforts in those including subsistence, housing, and health Plan of the Air Force is the commitment of regions; care, of any person at Naval Station Guanta- the Air Force to allocate $150,000,000 a year (G) to accelerate programs to safeguard namo Bay, Cuba, who is designated by the over 6 years, beginning in fiscal year 2004, for and eliminate nuclear weapons-usable mate- Secretary, not later than 90 days after the recapitalization and investment, including rial to the highest standards to prevent ac- date of the enactment of this Act, as a so- the procurement of technologically advanced cess by terrorists and governments; called ‘‘special category resident’’. facilities and equipment, of our Nation’s 3 (H) to halt the use of highly enriched ura- (b) PROHIBITION ON CONSTRUCTION OF FA- Air Force depots; and nium in civilian reactors; CILITIES.—The authorization in subsection (4) the funds expended to date have ensured (I) to strengthen national and inter- (a) shall not be construed as an authoriza- that transformation projects, such as the national export controls and relevant secu- tion for the construction of new housing fa- initial implementation of ‘‘Lean’’ and ‘‘Six rity measures as required by United Nations cilities or medical treatment facilities. Sigma’’ production techniques, have Security Council Resolution 1540; (c) CONSTRUCTION OF PRIOR USE OF achieved great success in reducing the time (J) to agree that no state may withdraw FUNDS.—The provisions of chapter 13 of title necessary to perform depot maintenance on from the Nuclear Non-Proliferation Treaty 31, United States Code, are hereby deemed aircraft. and escape responsibility for prior violations not to have applied to the obligation or ex- (b) SENSE OF THE SENATE.—It is the sense of the Treaty or retain access to controlled penditure of funds before the date of the en- of the Senate that— materials and equipment acquired for actment of this Act for the general welfare (1) the Air Force should be commended for ‘‘peaceful’’ purposes; of persons described in subsection (a). the implementation of its Depot Mainte- (K) to accelerate implementation of disar- At the end of subtitle E of title VI, add the nance Strategy and Master Plan and, in par- mament obligations and commitments under following: ticular, meeting its commitment to invest the Nuclear Non-Proliferation Treaty for the SEC. 653. OUTREACH TO MEMBERS OF THE $150,000,000 a year over 6 years, since fiscal purpose of reducing the world’s stockpiles of ARMED FORCES AND THEIR DE- year 2004, in the Nation’s 3 Air Force Depots; nuclear weapons and weapons-grade fissile PENDENTS ON THE and material; and SERVICEMEMBERS CIVIL RELIEF ACT. (2) the Air Force should continue to fully (L) to strengthen and expand support for (a) OUTREACH TO MEMBERS OF THE ARMED fund its commitment of $150,000,000 a year the Proliferation Security Initiative. FORCES.— through fiscal year 2009 in investments and At the end of subtitle D of title X, add the (1) IN GENERAL.—The Secretary concerned recapitalization projects pursuant to the following: shall provide to each member of the Armed Depot Maintenance Strategy and Master SEC. 1044. REPORT ON DEPARTMENT OF DE- Plan. FENSE RESPONSE TO FINDINGS AND Forces under the jurisdiction of the Sec- On page 296, after line 19, add the fol- RECOMMENDATIONS OF DEFENSE retary pertinent information on the rights lowing: SCIENCE BOARD TASK FORCE ON and protections available to servicemembers SEC. 1205. SENSE OF CONGRESS ON SUPPORT HIGH PERFORMANCE MICROCHIP and their dependents under the FOR NUCLEAR NON-PROLIFERATION SUPPLY. Servicemembers Civil Relief Act (50 U.S.C. TREATY. (a) REPORT REQUIRED.—Not later than App. 501 et seq.). Congress— March 15, 2006, the Secretary of Defense shall (2) TIME OF PROVISION.—Information shall (1) reaffirms its support for the objectives submit to the congressional defense commit- be provided to a member of the Armed of the Treaty on the Non-Proliferation of tees a report on the implementation of the Forces under paragraph (1) at times as fol- Nuclear Weapons, done at Washington, Lon- recommendations of the Defense Science lows: don, and Moscow July 1, 1968, and entered Board Task Force on High Performance (A) During initial orientation training. into force March 5, 1970 (the ‘‘Nuclear Non- Microchip Supply. (B) In the case of a member of a reserve Proliferation Treaty’’); (b) CONTENTS.—The report required by sub- component of the Armed Forces, during ini- (2) expresses its support for all appropriate section (a) shall include the following: tial orientation training and when the mem- measures to strengthen the Nuclear Non- (1) An analysis of each finding of the Task ber is mobilized or otherwise individually Proliferation Treaty and to attain its objec- Force. called or ordered to active duty for a period tives; and (2) A detailed description of the response of of more than one year. (3) calls on all parties to the Nuclear Non- the Department of Defense to each rec- (C) At such other times as the Secretary Proliferation Treaty— ommendation of the Task Force, including— concerned considers appropriate. (A) to insist on strict compliance with the (A) for each recommendation that is being (b) OUTREACH TO DEPENDENTS.—The Sec- non-proliferation obligations of the Nuclear implemented or that the Secretary plans to retary concerned may provide to the adult Non-Proliferation Treaty and to undertake implement— dependents of members of the Armed Forces effective enforcement measures against (i) a summary of actions that have been under the jurisdiction of the Secretary perti- states that are in violation of their obliga- taken to implement the recommendation; nent information on the rights and protections under the Treaty; and tions available to servicemembers and their (B) to agree to establish more effective (ii) a schedule, with specific milestones, for dependents under the Servicemembers Civil controls on enrichment and reprocessing completing the implementation of the rec- Relief Act. technologies that can be used to produce ma- ommendation; and (c) DEFINITIONS.—In this section, the terms terials for nuclear weapons; (B) For each recommendation that the Sec- ‘‘dependent’’ and ‘‘Secretary concerned’’ (C) to expand the ability of the Inter- retary does not plan to implement— have the meanings given such terms in sec- national Atomic Energy Agency to inspect (i) the reasons for the decision not to im- tion 101 of the Servicemembers Civil Relief and monitor compliance with safeguard plement the recommendation; and Act (50 U.S.C. App. 511).

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11147 On page 357, strike line 20, and insert the SEC. 203. FUNDING FOR RESEARCH AND TECH- On page 372, line 3, insert after following: NOLOGY TRANSITION FOR HIGH- ‘‘$1,637,239,000’’ the following: ‘‘, of which BRIGHTNESS ELECTRON SOURCE SEC. 509. APPLICABILITY OF OFFICER DISTRIBU- amount $338,565,000 shall be available for PROGRAM. TION AND STRENGTH LIMITATIONS project 99–D–143, the Mixed Oxide Fuel Fab- (a) INCREASE IN FUNDS AVAILABLE TO NAVY TO OFFICERS SERVING IN INTEL- rication Facility, Savannah River Site, FOR RESEARCH, DEVELOPMENT, TEST, AND LIGENCE COMMUNITY POSITIONS. Aiken, South Carolina, and $24,000,000 shall EVALUATION.—The amount authorized to be (a) IN GENERAL.—Section 528 of title 10, be available for project 99–D–141, the Pit Dis- appropriated by section 201(2) for research, United States Code, is amended to read as assembly and Conversion Facility, Savannah development, test, and evaluation for the follows: River Site, Aiken, South Carolina’’. Navy is hereby increased by $1,500,000. Strike section 1008. ‘‘§ 528. Exclusion: officers serving in certain intel- (b) REDUCTION IN FUNDS AVAILABLE TO AIR ligence positions At the end of subtitle E of title II, add the FORCE FOR PROCUREMENT, AMMUNITION.—The following: ‘‘(a) EXCLUSION OF OFFICER SERVING IN CER- amount authorized to be appropriated by TAIN CIA POSITIONS.—When either of the in- section 301(4) for the Air Force is hereby re- SEC. 244. DESIGNATION OF FACILITIES AND RE- SOURCES CONSTITUTING THE dividuals serving in a position specified in duced by $1,500,000. subsection (b) is an officer of the armed MAJOR RANGE AND TEST FACILITY On page 359, between lines 3 and 4, insert BASE. forces, one of those officers, while serving in the following: (a) DEPARTMENT OF DEFENSE TEST RE- such position, shall be excluded from the SEC. 2862. LAND CONVEYANCE, AIR FORCE PROP- SOURCE MANAGEMENT CENTER.—Section limitations in sections 525 and 526 of this ERTY, LA JUNTA, COLORADO. 196(h) of title 10, United States Code, is title while serving in such position. (a) CONVEYANCE AUTHORIZED.—The Sec- amended by striking ‘‘Director of Oper- ‘‘(b) COVERED POSITIONS.—The positions re- retary of the Air Force may convey, without ational Test and Evaluation’’ and inserting ferred to in this subsection are the following: consideration, to the City of La Junta, Colo- ‘‘Secretary of Defense’’. ‘‘(1) Director of the Central Intelligence rado (in this section referred to as the (b) INSTITUTIONAL FUNDING OF TEST AND Agency. ‘‘City’’), all right, title, and interest of the EVALUATION ACTIVITIES.—Section 232(b)(1) of ‘‘(2) Deputy Director of the Central Intel- United States in and to a parcel of real prop- the Bob Stump National Defense Authoriza- ligence Agency. erty, including improvements thereon, con- tion Act for Fiscal Year 2003 (Public Law ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILI- sisting of approximately 8 acres located at 107–314; 116 Stat. 2490) is amended by striking TARY SUPPORT.—An officer of the armed the USA Bomb Plot in the La Junta Indus- ‘‘Director of Operational Test and Evalua- forces serving in the position of Associate trial Park for the purpose of training local tion’’ and inserting ‘‘Secretary of Defense’’. Director of the Central Intelligence Agency law enforcement officers. At the end of subtitle C of title V, add the AYMENT OF COSTS OF CONVEYANCE.— for Military Support, while serving in that (b) P following: position, shall be excluded from the limita- (1) IN GENERAL.—The Secretary shall re- SEC. 538. DEFENSE SCIENCE BOARD STUDY ON tions in sections 525 and 526 of this title quire the City to cover costs to be incurred DEPLOYMENT OF MEMBERS OF THE while serving in such position. by the Secretary after the date of enactment NATIONAL GUARD AND RESERVES IN ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.— of the Act, or to reimburse the Secretary for THE GLOBAL WAR ON TERRORISM. Up to 5 general and flag offices of the armed costs incurred by the Secretary after that (a) STUDY REQUIRED.—The Defense Science forces assigned to positions in the Office of date, to carry out the conveyance under sub- Board shall conduct a study on the length the Director of National Intelligence des- section (a), including any survey costs, costs and frequency of the deployment of members ignated by agreement between the Secretary related to environmental assessments, stud- of the National Guard and the Reserves as a of Defense and the Director of National In- ies, analyses, or other documentation, and result of the global war on terrorism. telligence shall be excluded from the limita- other administrative costs related to the (b) ELEMENTS.—The study required by sub- tions in sections 525 and 526 of this title conveyance. If amounts are collected from section (a) shall include the following: while serving in such positions.’’. the City in advance of the Secretary incur- (1) An identification of the current range ‘‘(b) CLERICAL AMENDMENT.—The table of ring the actual costs, and the amount col- of lengths and frequencies of deployments of sections at the beginning of chapter 32 of lected exceeds the costs actually incurred by members of the National Guard and the Re- such title is amended by striking the item the Secretary to carry out the conveyance, serves. relating to section 528 and inserting the fol- the Secretary shall refund the excess amount (2) An assessment of the consequences for lowing new item: to the City. force structure, morale, and mission capability of deployments of members of the Na- ‘‘528. Exclusion: officers serving in certain (2) TREATMENT OF AMOUNTS RECEIVED.— tional Guard and the Reserves in the course intelligence positions.’’. Amounts received as reimbursement under of the global war on terrorism that are On page 178, strike lines 20 through 24 and paragraph (1) shall be credited to the fund or lengthy, frequent, or both. insert the following: account that was used to cover the costs in- (3) An identification of the optimal length (4) Department of Defense participation in curred by the Secretary in carrying out the and frequency of deployments of members of the Medicare Advantage Program, formerly conveyance. Amounts so credited shall be the National Guard and the Reserves during Medicare plus Choice; merged with amounts in such fund or account, and shall be available for the same the global war on terrorism. (5) the use of flexible spending accounts (4) An identification of mechanisms to re- and health savings accounts for military re- purposes, and subject to the same conditions and limitations, as amounts in such fund or duce the length, frequency, or both of de- tirees under the age of 65; ployments of members of the National Guard (6) incentives for eligible beneficiaries of account. (c) DESCRIPTION OF PROPERTY.—The exact and the Reserves during the global war on the military health care system to retain acreage and legal description of the property terrorism. private employer-provided health care insur- to be conveyed under subsection (a) shall be (c) REPORT.—Not later than May 1, 2006, ance; determined by a survey satisfactory to the the Defense Science Board shall submit to (7) means of improving integrated systems Secretary. the congressional defense committees a re- of disease management, including chronic (d) ADDITIONAL TERMS AND CONDITIONS.— port on the study required by subsection (a). illness management; The Secretary may require such additional The report shall include the results of the (8) means of improving the safety and effi- terms and conditions in connection with the study and such recommendations as the De- ciency of pharmacy benefits management; conveyance under subsection (a) as the Sec- fense Science Board considers appropriate in (9) the management of enrollment options retary considers appropriate to protect the light of the study. for categories of eligible beneficiaries in the interests of the United States. At the end of subtitle G of title X, add the military health care system; On page 28, between lines 10 and 11, insert following: (10) reform of the provider payment sys- the following: SEC. 1073. POLICY OF THE UNITED STATES ON tem, including the potential for use of a pay- SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- THE INTERCONTINENTAL BALLISTIC for-performance system in order to reward TRIBUTED GENERATION TECH- MISSILE FORCE. quality and efficiency in the TRICARE Sys- NOLOGIES. (a) FINDINGS.—Congress makes the fol- tem; (a) INCREASE IN FUNDS AVAILABLE TO ARMY lowing findings: (11) means of improving efficiency in the FOR RESEARCH, DEVELOPMENT, TEST, AND (1) Consistent with warhead levels agreed administration of the TRICARE program, to EVALUATION.—The amount authorized to be to in the Moscow Treaty, the United States include the reduction of headquarters and re- appropriated by section 201(1) for research, is modifying the capacity of the Minuteman dundant management layers, and maxi- development, test, and evaluation for the III intercontinental ballistic missile (ICBM) mizing efficiency in the claims processing Army is hereby increased by $1,000,000, with from its prior capability to carry up to 3 system; the amount of such increase to be available independent reentry vehicles (RVs) to carry (12) other improvements in the efficiency for research on and facilitation of tech- as few as a single reentry vehicle, a process of the military health care system; and nology for converting obsolete chemical mu- known as downloading. (13) any other matters the Secretary con- nitions to fertilizer. (2) A series of Department of Defense stud- siders appropriate to improve the efficiency (b) REDUCTION IN FUNDS AVAILABLE.—The ies of United States strategic forces, includ- and quality of military health care benefits. amount authorized to be appropriated by ing the 2001 Nuclear Posture Review, has On page 28, between lines 10 and 11, insert section 301(4) for the Air Force is hereby re- confirmed the continued need for 500 inter- the following: duced by $1,000,000. continental ballistic missiles.

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(3) In a potential nuclear crisis it is impor- (c) OFFSET.—The amount authorized to be SEC. 244. REPORT ON COOPERATION BETWEEN tant that the nuclear weapons systems of the appropriated by section 301(4) for operation THE DEPARTMENT OF DEFENSE AND United States be configured so as to discour- and maintenance for Air Force activities is THE NATIONAL AERONAUTICS AND age other nations from making a first strike. hereby reduced by $10,000,000. SPACE ADMINISTRATION ON RE- SEARCH, DEVELOPMENT, TEST, AND (4) The intercontinental ballistic missile At the end of subtitle C of title I, add the EVALUATION ACTIVITIES. following: force is currently being considered as part of (a) REPORT REQUIRED.—Not later than 180 the deliberations of the Department of De- SEC. 124. RAPID INTRAVENOUS INFUSION PUMP. days after the date of the enactment of this fense for the Quadrennial Defense Review. (a) ADDITIONAL AMOUNT FOR PROCUREMENT Act, the Secretary of Defense and the Ad- (b) STATEMENT OF UNITED STATES POLICY.— FOR THE MARINE CORPS.—The amount au- ministrator of the National Aeronautics and It is the policy of the United States to con- thorized to be appropriated by section 102(b) Space Administration shall jointly submit to tinue to deploy a force of 500 interconti- for procurement for the Marine Corps is Congress a report setting forth the rec- nental ballistic missiles, provided that unan- hereby increased by $1,000,000. ommendations of the Secretary and the Ad- ticipated strategic developments may com- (b) AVAILABILITY OF AMOUNT.—Of the ministrator regarding cooperative activities pel the United States to make changes to amount authorized to be appropriated by between the Department of Defense and the this force structure in the future. section 102(b) for procurement for the Marine National Aeronautics and Space Administra- (c) MOSCOW TREATY DEFINED.—In this sec- Corps, as increased by subsection (a), tion related to research, development, test, tion, the term ‘‘Moscow Treaty’’ means the $1,000,000 may be available for General Prop- and evaluation on areas of mutual interest Treaty Between the United States of Amer- erty for Field Medical Equipment for the to the Department and the Administration. ica and the Russian Federation on Strategic Rapid Intravenous (IV) Infusion Pump. (b) AREAS COVERED.—The areas of mutual Offensive Reductions, done at Moscow on (c) OFFSET.—The amount authorized to be interest to the Department of Defense and May 24, 2002. appropriated by section 301(4) is hereby re- the National Aeronautics and Space Admin- At the end of subtitle D of title X, add the duced by $1,000,000. following: istration referred to in subsection (a) may At the end of subtitle B of title II, add the include, but not be limited to, areas relating SEC. 1044. REPORT ON USE OF SPACE RADAR FOR following: TOPOGRAPHICAL MAPPING FOR SCI- to the following: SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- ENTIFIC AND CIVIL PURPOSES. (1) Aeronautics research. PORT. (a) IN GENERAL.—Not later than January (2) Facilities, personnel, and support infra- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- 15, 2006, the Secretary of Defense shall sub- structure. VELOPMENT, TEST, AND EVALUATION FOR THE mit to the congressional defense committees (3) Propulsion and power technologies. AIR FORCE.—The amount authorized to be on report on the feasability and advisability (4) Space access and operations. appropriated by section 201(3) for research, of utilizing the Space Radar for purposes of At the end of subtitle B of title II, add the development, test, and evaluation for the Air providing coastal zone and other topo- following: Force is hereby increased by $4,000,000. graphical mapping information, and related SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED VAILABILITY OF MOUNT (b) A A .—Of the MANUFACTURING TECHNOLOGY. information, to the scientific community amount authorized to be appropriated by (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- and other elements of the private sector for section 201(3) for research, development, test, VELOPMENT, TEST, AND EVALUATION FOR THE scientific and civil purposes. and evaluation for the Air Force, as in- (b) REPORT ELEMENTS.—The report re- ARMY.—The amount authorized to be appro- creased by subsection (a), $4,000,000 may be quired by subsection (a) shall include the fol- priated by section 201(1) for research, devel- available for Program Element #63112F for lowing: opment, test, and evaluation for the Army is Aging Military Aircraft Fleet Support. (1) A description and evaluation of any hereby increased by $1,000,000. (c) OFFSET.—The amount authorized to be uses of the Space Radar for scientific or civil (b) AVAILABILITY OF AMOUNT.—Of the appropriated by section 301(4) for operation purposes that are identified by the Secretary amount authorized to be appropriated by and maintenance for Air Force activities is for purposes of the report. section 201(1) for research, development, test, hereby reduced by $4,000,000. and evaluation for the Army, as increased by (2) A description and evaluation of any ad- At the end of subtitle A of title I, add the subsection (a), $1,000,000 may be available for ditions or modifications to the Space Radar following: identified by the Secretary for purposes of Weapons and Ammunition Technology the report that would increase the utility of SEC. 114. UH–60 BLACK HAWK HELICOPTER PRO- (PE#602624A) for Warhead/Grenade Scientific CUREMENT IN RESPONSE TO ATTRI- the Space Radar to the scientific community TION. Based Manufacturing Technology. (c) OFFSET.—The amount authorized to be or other elements of the private sector for (a) INCREASE IN AMOUNT.—Of the amount scientific or civil purposes, including the uti- authorized to be appropriated by section appropriated by section 301(4) for operation lization of additional frequencies, the devel- 101(1) for aircraft for the Army, the amount and maintenance, Air Force activities is opment or enhancement of ground systems, available for the procurement of UH–60 hereby reduced by $1,000,000. and the enhancement of operations. Black Hawk helicopters in response to attri- At the end of subtitle B of title II, add the (3) A description of the costs of any addition is hereby increased to $40,600,000, with following: tions or modifications identified pursuant to the amount to be used to increase the num- SEC. 213. JOINT SERVICE SMALL ARMS PRO- paragraph (2). ber of UH–60 Black Hawk helicopters to be GRAM. (4) A description and evaluation of proc- procured in response to attrition from 2 heli- (a) INCREASED AMOUNT FOR RESEARCH, DE- esses to be utilized to determine the means copters to 4 helicopters. VELOPMENT, TEST, AND EVALUATION, ARMY.— of modifying the Space Radar in order to (b) OFFSET.—Of the amount authorized to The amount authorized to be appropriated meet the needs of the scientific community be appropriated by section 101(1) for aircraft by section 201(1) for research, development, or other elements of the private sector with for the Army, the amount available for UH– test, and evaluation for the Army is hereby respect to the use of the Space Radar for sci- 60 Black Hawk helicopter medevac kits is increased by $5,000,000. entific or civil purposes, and a proposal for hereby reduced to $29,700,000, with the (b) AVAILABILITY OF AMOUNT.—Of the meeting the costs of such modifications. amount to be derived in a reduction in the amount authorized to be appropriated by (5) A description and evaluation of the im- number of such kits from 10 kits to 6 kits. section 201(1) for research, development, test, pacts, if any, on the primary missions of the At the end of subtitle C of title V, add the and evaluation for the Army, as increased by Space Radar, and on the development of the following: subsection (a), $5,000,000 may be available for Space Radar, of the use of the Space Radar SEC. 537. ELIGIBILITY OF UNITED STATES NA- the Joint Service Small Arms Program. for scientific or civil purposes. TIONALS FOR APPOINTMENT TO THE (c) OFFSET.—The amount authorized to be (6) A description of the process for devel- SENIOR RESERVE OFFICERS’ TRAIN- appropriated by section 301(4) is hereby re- oping requirements for the Space Radar, in- ING CORPS. duced by $5,000,000. cluding the involvement of the Civil Applica- (a) IN GENERAL.—Section 2107(b)(1)(A) of On page 286, between lines 7 and 8, insert tions Committee. title 10, United States Code, is amended by the following: At the end of subtitle C of title I, add the inserting ‘‘or national’’ after ‘‘citizen’’. SEC. 1073. ESTABLISHMENT OF NATIONAL FOR- following: (b) ARMY RESERVE OFFICERS TRAINING PRO- EIGN LANGUAGE COORDINATION SEC. 125. JOINT PRIMARY AIRCRAFT TRAINERS. GRAMS.—Section 2107a(b)(1)(A) of such title is COUNCIL. (a) ADDITIONAL AMOUNT FOR AIRCRAFT PRO- amended by inserting ‘‘or national’’ after (a) ESTABLISHMENT.—There is established CUREMENT FOR THE NAVY.—The amount au- ‘‘citizen’’. the National Foreign Language Coordination thorized to be appropriated by section (c) ELIGIBILITY FOR APPOINTMENT AS COM- Council (in this section referred to as the 102(a)(1) for aircraft procurement for the MISSIONED OFFICERS.—Section 532(f) of such ‘‘Council’’), which shall be an independent Navy is hereby increased by $10,000,000. title is amended by inserting ‘‘, or for a establishment as defined under section 104 of (b) AVAILABILITY OF AMOUNT.—Of the United States national otherwise eligible for title 5, United States Code. amount authorized to be appropriated by appointment as a cadet or midshipman under (b) MEMBERSHIP.—The Council shall consist section 102(a)(1) for aircraft procurement for section 2107(a) of this title or as a cadet of the following members or their designees: the Navy, as increased by subsection (a), under section 2107a of this title,’’ after ‘‘for (1) The National Language Director, who $10,000,000 may be available for the procure- permanent residence’’. shall serve as the chairperson of the Council. ment of Joint Primary Aircraft Trainers At the end of subtitle E of title II, add the (2) The Secretary of Education. (JPAT) for the Navy. following: (3) The Secretary of Defense.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11149 (4) The Secretary of State. ment of Educational Progress in foreign lan- annually thereafter, the Council shall pre- (5) The Secretary of Homeland Security. guages; pare and transmit to the President and Con- (6) The Attorney General. (I) development of — gress a report that describes the activities of (7) The Director of National Intelligence. (i) language skill-level certification stand- the Council and the efforts of the Council to (8) The Secretary of Labor. ards; improve foreign language education and (9) The Director of the Office of Personnel (ii) an ideal course of pre-service and pro- training and impediments, including any Management. fessional development study for those who statutory and regulatory restrictions, to the (10) The Director of the Office of Manage- teach foreign language; use of each such program. ment and Budget. (iii) suggested graduation criteria for for- (i) ESTABLISHMENT OF A NATIONAL LAN- (11) The Secretary of Commerce. eign language studies and appropriate non- GUAGE DIRECTOR.— (12) The Secretary of Health and Human language studies, such as— (1) IN GENERAL.—There is established a Na- Services. (I) international business; tional Language Director who shall be ap- (13) The Secretary of the Treasury. (II) national security; pointed by the President. The National Lan- (14) The Secretary of Housing and Urban (III) public administration; guage Director shall be a nationally recog- Development. (IV) health care; nized individual with credentials and abili- (15) The Secretary of Agriculture. (V) engineering; ties across all of the sectors to be involved (16) The heads of such other Federal agen- (VI) law; with creating and implementing long-term cies as the Council considers appropriate. (VII) journalism; and solutions to achieving national foreign lan- (c) RESPONSIBILITIES.— (VIII) sciences; and guage and cultural competency. (1) IN GENERAL.—The Council shall be (J) identification of and means for repli- (2) RESPONSIBILITIES.—The National Lan- guage Director shall— charged with— cating best practices at all levels and in all (A) develop and oversee the implementa- (A) developing a national foreign language sectors, including best practices from the tion of a national foreign language strategy strategy, within 18 months of the date of en- international community. across all sectors; actment of this section, in consultation (d) MEETINGS.—The Council may hold such with— meetings, and sit and act at such times and (B) establish formal relationships among (i) State and local government agencies; places, as the Council considers appropriate, the major stakeholders in meeting the needs (ii) academic sector institutions; but shall meet in formal session at least 2 of the Nation for improved capabilities in (iii) foreign language related interest times a year. State and local government foreign languages and cultural under- groups; agencies and other organizations (such as standing, including Federal, State, and local (iv) business associations; academic sector institutions, foreign lan- government agencies, academia, industry, (v) industry; and guage-related interest groups, business asso- labor, and heritage communities; and (vi) heritage associations; ciations, industry, and heritage community (C) coordinate and lead a public informa- (B) conducting a survey of Federal agency organizations) shall be invited, as appro- tion campaign that raises awareness of pub- needs for foreign language area expertise; priate, to public meetings of the Council at lic and private sector careers requiring for- and least once a year. eign language skills and cultural under- (C) overseeing the implementation of such (e) STAFF.— standing, with the objective of increasing in- strategy through— (1) IN GENERAL.—The Director may appoint terest in and support for the study of foreign (i) execution of subsequent law; and and fix the compensation of such additional languages among national leaders, the busi- (ii) the promulgation and enforcement of personnel as the Director considers nec- ness community, local officials, parents, and rules and regulations. essary to carry out the duties of the Council. individuals. (2) STRATEGY CONTENT.—The strategy de- (2) DETAILS FROM OTHER AGENCIES.—Upon (3) COMPENSATION.—The National Language veloped under paragraph (1) shall include— request of the Council, the head of any Fed- Director shall be paid at a rate of pay pay- (A) identification of crucial priorities eral agency may detail, on a reimbursable able for a position at level V of the Execu- across all sectors; basis, any of the personnel of such agency to tive Schedule under section 5316 of title 5, (B) identification and evaluation of Fed- the Council. United States Code. eral foreign language programs and activi- (3) EXPERTS AND CONSULTANTS.—With the (j) ENCOURAGEMENT OF STATE INVOLVE- ties, including— approval of the Council, the Director may MENT.— (i) recommendations on coordination; procure temporary and intermittent services (1) STATE CONTACT PERSONS.—The Council (ii) program enhancements; and under section 3109(b) of title 5, United States shall consult with each State to provide for (iii) allocation of resources so as to maxi- Code. the designation by each State of an indi- mize use of resources; (f) POWERS.— vidual to serve as a State contact person for (C) needed national policies and cor- (1) DELEGATION.—Any member or employee the purpose of receiving and disseminating responding legislative and regulatory ac- of the Council may, if authorized by the information and communications received tions in support of, and allocation of des- Council, take any action that the Council is from the Council. ignated resources to, promising programs authorized to take in this section. (2) STATE INTERAGENCY COUNCILS AND LEAD and initiatives at all levels (Federal, State, (2) INFORMATION.—The Council may secure AGENCIES.—Each State is encouraged to es- and local), especially in the less commonly directly from any Federal agency such infor- tablish a State interagency council on for- taught languages that are seen as critical for mation, consistent with Federal privacy eign language coordination or designate a national security and global competitiveness laws, the Council considers necessary to lead agency for the State for the purpose of in the next 20 to 50 years; carry out its responsibilities. Upon request assuming primary responsibility for coordi- (D) effective ways to increase public of the Director, the head of such agency nating and interacting with the Council and awareness of the need for foreign language shall furnish such information to the Coun- State and local government agencies as nec- skills and career paths in all sectors that can cil. essary. employ those skills, with the objective of in- (3) DONATIONS.—The Council may accept, (k) AUTHORIZATION OF APPROPRIATIONS.— creasing support for foreign language study use, and dispose of gifts or donations of serv- There are authorized to be appropriated such among— ices or property. sums as necessary to carry out this section. At the end of subtitle C of title III, add the (i) Federal, State, and local leaders; (4) MAIL.—The Council may use the United following: (ii) students; States mail in the same manner and under (iii) parents; the same conditions as other Federal agen- SEC. 330. POINT OF MAINTENANCE/ARSENAL/ DEPOT AIT INITIATIVE. (iv) elementary, secondary, and postsec- cies. (a) ADDITIONAL AMOUNT FOR OPERATION AND ondary educational institutions; and (g) CONFERENCES, NEWSLETTER, AND MAINTENANCE, ARMY.—The amount author- (v) potential employers; WEBSITE.—In carrying out this section, the ized to be appropriated by section 301(1) for (E) incentives for related educational pro- Council— operation and maintenance for the Army is grams, including foreign language teacher (1) may arrange Federal, regional, State, training; hereby increased by $10,000,000. and local conferences for the purpose of de- (b) AVAILABILITY OF AMOUNT.—Of the (F) coordination of cross-sector efforts, in- veloping and coordinating effective programs amount authorized to be appropriated by cluding public-private partnerships; and activities to improve foreign language section 301(1) for operation and maintenance (G) coordination initiatives to develop a education; for the Army, as increased by subsection (a), strategic posture for language research and (2) may publish a newsletter concerning $16,000,000 may be available for the Point of recommendations for funding for applied for- Federal, State, and local programs that are Maintenance/Arsenal/Depot AIT (AD–AIT) eign language research into issues of na- effectively meeting the foreign language Initiative. tional concern; needs of the nation; and (c) OFFSET.—The amount authorized to be (H) assistance for— (3) shall create and maintain a website appropriated by section 301(4) is hereby re- (i) the development of foreign language containing information on the Council and duced by $10,000,000 to be derived from achievement standards; and its activities, best practices on language amounts authorized to be appropriated by (ii) corresponding assessments for the ele- education, and other relevant information. that section for the Air Force. mentary, secondary, and postsecondary edu- (h) REPORTS.—Not later than 90 days after At the end of subtitle C of title III, add the cation levels, including the National Assess- the date of enactment of this section, and following:

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SEC. 330. LONG ARM HIGH-INTENSITY ARC (c) APPLICABILITY OF ACQUISITION REGULA- cluding a specific timetable), and the current METAL HALIDE HANDHELD SEARCH- TIONS.—Such section is further amended— regulations and guidelines regarding— LIGHT. (1) by redesignating subsection (f) as sub- (1) the definition of the respective rights of (a) ADDITIONAL AMOUNT FOR OPERATION AND section (g); and the Department of Defense, lead system inte- MAINTENANCE, ARMY.—The amount author- (2) by inserting after subsection (e) the fol- grators, and other contractors that partici- ized to be appropriated by section 301(1) for lowing new subsection (f): pate in the development or production of any operation and maintenance for the Army is ‘‘(f)(1) If a lease or charter covered by this individual element of the major weapon sys- hereby increased by $4,500,000. section is a capital lease or a lease-pur- tem (including subcontractors under lead (b) AVAILABILITY OF AMOUNT.—Of the chase— system integrators) in intellectual property amount authorized to be appropriated by ‘‘(A) the lease or charter shall be treated that is developed by the other participating section 301(1) for operation and maintenance as an acquisition and shall be subject to all contractors in a manner that ensures that— for the Army, as increased by subsection (a), applicable statutory and regulatory require- (A) the Department of Defense obtains ap- $4,500,000 may be available for the Long Arm ments for the acquisition of aircraft, naval propriate rights in technical data developed High-Intensity Arc Metal Halide Handheld vessels, or combat vehicles; and by the other participating contractors in ac- Searchlight. ‘‘(B) funds appropriated to the Department cordance with the requirements of section (c) OFFSET.—The amount authorized to be of Defense for operation and maintenance 2320 of title 10, United States Code; and appropriated by section 301(4) is hereby re- may not be obligated or expended for the (B) lead system integrators obtain access duced by $4,500,000, with the amount of the lease or charter. to technical data developed by the other par- reduction to be derived from amounts au- ‘‘(2) In this subsection, the terms ‘capital ticipating contractors only to the extent thorized to be appropriated by that section lease’ and ‘lease-purchase’ have the mean- necessary to execute their contractual obli- for the Air Force. ings given those terms in Appendix B to Of- gations as lead systems integrators; At the end of subtitle A of title VIII, add fice of Management and Budget Circular A– (2) the prevention or mitigation of organi- the following: 11, as in effect on the date of the enactment zational conflicts of interest on the part of SEC. 807. MODIFICATION OF REQUIREMENTS AP- of the National Defense Authorization Act lead system integrators; PLICABLE TO CONTRACTS AUTHOR- for Fiscal Year 2006.’’. (3) the prevention of the performance by IZED BY LAW FOR CERTAIN MILI- lead system integrators of functions closely TARY MATERIEL. (d) CONFORMING AND CLERICAL AMEND- MENTS.— associated with inherently governmental (a) INCLUSION OF COMBAT VEHICLES UNDER (1) The heading of such section is amended functions; REQUIREMENTS.—Section 2401 of title 10, to read as follows: (4) the appropriate use of competitive pro- United States Code, is amended— cedures in the award of subcontracts by lead ‘‘§ 2401. Requirement for authorization by law (1) by striking ‘‘vessel or aircraft’’ each system integrators with system responsi- of certain contracts relating to vessels, air- place it appears and inserting ‘‘vessel, air- bility; craft, and combat vehicles’’. craft, or combat vehicle’’; (5) the prevention of organizational con- (2) in subsection (c), by striking ‘‘aircraft (2) The table of sections at the beginning of flicts of interest arising out of any financial or naval vessel’’ each place it appears and in- chapter 141 of such title is amended by strik- interest of lead system integrators without serting ‘‘aircraft, naval vessel, or combat ve- ing the item relating to section 2401 and in- system responsibility in the development or hicle’’; serting the following new item: production of individual elements of a major (3) in subsection (e), by striking ‘‘aircraft ‘‘Sec. 2401. Requirement for authorization weapon system; and or naval vessels’’ each place it appears and by law of certain contracts re- (6) the prevention of pass-through charges inserting ‘‘aircraft, naval vessels, or combat lating to vessels, aircraft, and by lead system integrators with system re- vehicle’’; and combat vehicles.’’. sponsibility on systems or subsystems devel- (4) in subsection (f)— SEC. 808. REQUIREMENT FOR ANALYSIS OF AL- oped or produced under subcontracts where (A) by striking ‘‘aircraft and naval ves- TERNATIVES FOR MAJOR DEFENSE such lead system integrators do not provide sels’’ and inserting ‘‘aircraft, naval vessels, ACQUISITION PROGRAMS. significant value added with regard to such and combat vehicle’’; and (a) REQUIREMENT.— systems or subsystems. (B) by striking ‘‘such aircraft and vessels’’ (1) IN GENERAL.—Chapter 144 of title 10, (c) DEFINITIONS.—In this section: and inserting ‘‘such aircraft, vessels, and United States Code, is amended by inserting (1) The term ‘‘lead system integrator’’ in- combat vehicle’’. after section 2431 the following new section: cludes lead system integrators with system (b) ADDITIONAL INFORMATION FOR CON- ‘‘§ 2431a. Major defense acquisition programs: responsibility and lead system integrators GRESS.—Subsection (b) of such section is requirement for analysis of alternatives without system responsibility. amended— (2) The term ‘‘lead system integrator with ‘‘(a) No major defense acquisition program (1) in paragraph (1)— system responsibility’’ means a prime con- may be commenced before the completion of (A) in subparagraph (B), by striking ‘‘and’’ tractor for the development or production of an analysis of alternatives with respect to at the end; a major system if the prime contractor is such program. (B) in subparagraph (C), by striking the pe- not expected at the time of award, as deter- riod at the end and inserting ‘‘; and’’; and ‘‘(b) For the purposes of this section, a major defense acquisition program is com- mined by the Secretary of Defense for pur- (C) by adding at the end the following new poses of this section, to perform a substan- subparagraph: menced when the milestone decision authority approves entry of the program into the tial portion of the work on the system and ‘‘(D) the Secretary has certified to those the major subsystems. committees— first phase of the acquisition process applicable to the program.’’. (3) The term ‘‘lead system integrator with- ‘‘(i) that entering into the proposed con- out system responsibility’’ means a con- (2) CLERICAL AMENDMENT.—The table of tract as a means of obtaining the vessel, air- tractor under a contract for the procurement craft, or combat vehicle is the most cost-ef- sections at the beginning of chapter 144 of such title is amended by inserting after the of services whose primary purpose is to per- fective means of obtaining such vessel, air- form acquisition functions closely associated craft, or combat vehicle; and item relating to section 2431 the following new item: with inherently governmental functions with ‘‘(ii) that the Secretary has determined regard to the development or production of a that the lease complies with all applicable ‘‘2431a. Major defense acquisition programs: major system. laws, Office of Management and Budget cir- requirement for analysis of al- (4) The term ‘‘major system’’ has the culars, and Department of Defense regula- ternatives.’’. meaning given such term in section 2302d of tions.’’; and (b) EFFECTIVE DATE.—The amendments title 10, United States Code. (2) by adding at the end the following new made by subsection (a) shall take effect on (5) The term ‘‘pass-through charge’’ means paragraphs: the date of the enactment of this Act, and a charge for overhead or profit on work per- ‘‘(3) Upon receipt of a notice under para- shall apply with respect to major defense ac- formed by a lower-tier contractor (other graph (1)(C), a committee identified in para- quisition programs commenced on or after than charges for the direct costs of man- graph (1)(B) may request the Inspector Gen- that date. aging lower-tier contracts and overhead and eral of the Department of Defense or the SEC. 809. REPORT ON USE OF LEAD SYSTEM INTE- profit based on such direct costs) that does Comptroller General of the United States to GRATORS IN THE ACQUISITION OF not, as determined by the Secretary for pur- conduct a review of the proposed contract to MAJOR SYSTEMS. poses of this section, promote significant determine whether or not such contract (a) REPORT REQUIRED.—Not later than 90 value added with regard to such work. meets the requirements of this section. days after the date of the enactment of this (6) The term ‘‘functions closely associated ‘‘(4) If a review is requested under para- Act, the Secretary of Defense shall submit to with inherently governmental functions’’ graph (3), the Inspector General of the De- the congressional defense committees a re- has the meaning given such term in section partment of Defense or the Comptroller Gen- port on the use of lead system integrators 2383(b)(3) of title 10, United States Code. eral of the United States, as the case may be, for the acquisition by the Department of De- At the end of subtitle C of title VIII, add shall submit to the Secretary and the con- fense of major systems. the following: gressional defense committees a report on (b) CONTENTS.—The report required by sub- SEC. 824. REPORTS ON CERTAIN DEFENSE CON- such review before the expiration of the pe- section (a) shall include a detailed descrip- TRACTS IN IRAQ AND AFGHANISTAN. riod specified in paragraph (1)(C).’’. tion of the actions taken, or to be taken (in- (a) QUARTERLY REPORTS.—

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(1) IN GENERAL.—Not later than 90 days (A) The Office of the Inspector General of (2) a recruiting strategy to target foreign after the date of the enactment of this Act, the Department of Defense. language speakers, including members of and every 90 days thereafter, the Secretary (B) The Defense Contract Audit Agency. heritage communities, to participate in the of Defense shall submit to the appropriate (C) The Defense Contract Management Reserve Officers’ Training Corps. committees of Congress a report that lists Agency. (b) REPORT REQUIRED.—Not later than 180 and describes each task or delivery order (D) The Army Audit Agency. days after the date of the enactment of this contract or other contract related to secu- (E) The Naval Audit Service. Act, the Secretary shall submit to the con- rity and reconstruction activities in Iraq and (F) The Air Force Audit Agency. gressional defense committees a report on Afghanistan in which an audit conducted by (3) The term ‘‘questioned’’, with respect to the actions taken to carry out this section. an investigative or audit component of the a cost, means an unreasonable, unallocable, At the end of subtitle C of title II, add the Department of Defense during the 90-day pe- or unallowable cost. following: riod ending on the date of such report re- At the end of subtitle A of title VIII, add SEC. 224. ARROW BALLISTIC MISSILE DEFENSE sulted in a finding described in subsection the following: SYSTEM. (b). SEC. 807. REPORTS ON SIGNIFICANT INCREASES Of the amount authorized to be appro- (2) COVERAGE OF SUBCONTRACTS.—For pur- IN PROGRAM ACQUISITION UNIT priated by section 201(5) for research, devel- poses of this section, any reference to a con- COSTS OR PROCUREMENT UNIT opment, test, and evaluation for Defense- tract shall be treated as a reference to such COSTS OF MAJOR DEFENSE ACQUISI- wide activities and available for ballistic TION PROGRAMS. contract and to any subcontracts under such missile defense, $80,000,000 may be available (a) INITIAL REPORT REQUIRED.—Not later for coproduction of the Arrow ballistic mis- contract. than 90 days after the date of the enactment (b) COVERED FINDING.—A finding described sile defense system. of this Act, the Secretary of Defense shall in this subsection with respect to a task or At the end of subtitle B of title II, add the submit to the congressional defense commit- delivery order contract or other contract de- following: tees a report on the acquisition status of scribed in subsection (a) is a finding by an each major defense acquisition program SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. investigative or audit component of the De- whose program acquisition unit cost or pro- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- partment of Defense that the contract in- curement unit cost, as of the date of the en- VELOPMENT, TEST, AND EVALUATION, AIR cludes costs that are unsupported, ques- actment of this Act, has exceeded by more FORCE.—The amount authorized to be appro- tioned, or both. than 50 percent the original baseline projec- priated by section 201(3) for research, devel- (c) REPORT INFORMATION.—Each report opment, test, and evaluation for the Air under subsection (a) shall include, with re- tion for such unit cost. The report shall include the information specified in subsection Force is hereby increased by $3,000,000. spect to each task or delivery order contract (b) AVAILABILITY OF AMOUNT.—Of the or other contract covered by such report— (c). (b) INFORMATION.—The information speci- amount authorized to be appropriated by (1) a description of the costs determined to fied in this subsection with respect to a section 201(3) for research, development, test, be unsupported, questioned, or both; and major defense acquisition program is the fol- and evaluation for the Air Force, as in- (2) a statement of the amount of such un- lowing: creased by subsection (a), $3,000,000 may be supported or questioned costs and the per- (1) An assessment of the costs to be in- available for Space Technology (PE # centage of the total value of such task or de- curred to complete the program if the pro- 0602601F) for research and development on livery order that such costs represent. gram is not modified. the reliability of field programmable gate ar- (d) WITHHOLDING OF PAYMENTS.—In the rays for space applications, including design event that any costs under a task or delivery (2) An explanation of why the costs of the program have increased. of an assurance strategy, reference architec- order contract or other contract described in tures, research and development on reli- subsection (a) are determined by an inves- (3) A justification for the continuation of the program notwithstanding the increase in ability and radiation hardening, and out- tigative or audit component of the Depart- reach to industry and localities to develop ment of Defense to be unsupported, ques- costs. (c) MAJOR DEFENSE ACQUISITION PROGRAM core competencies. tioned, or both, the appropriate Federal pro- DEFINED.—In this section, the term ‘‘major (c) OFFSET.—The amount authorized to be curement personnel may withhold from defense acquisition program’’ has the mean- appropriated by section 301(4) is hereby re- amounts otherwise payable to the contractor ing given that term in section 2430 of title 10, duced by $3,000,000. under such contract a sum of up to 100 per- United States Code. At the end of subtitle B of title II, add the cent of the total amount of such costs. At the end of subtitle D of title VIII, add following: (e) RELEASE OF WITHHELD PAYMENTS.— the following SEC. 213. LONG WAVELENGTH ARRAY LOW FRE- Upon a subsequent determination by the ap- QUENCY RADIO ASTRONOMY IN- propriate Federal procurement personnel, or SEC. 834. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE REQUIRE- STRUMENTS. investigative or audit component of the De- MENTS OF THE BERRY AMENDMENT. (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- partment of Defense, that any unsupported (a) TRAINING DURING FISCAL YEAR 2006.— VELOPMENT, TEST, AND EVALUATION, NAVY.— or questioned costs for which an amount The Secretary of Defense shall ensure that The amount authorized to be appropriated payable was withheld under subsection (d) each member of the defense acquisition by section 201(2) for research, development, has been determined to be allowable, or upon workforce who participates personally and test, and evaluation for the Navy is hereby a settlement negotiated by the appropriate substantially in the acquisition of textiles increased by $6,000,000. Federal procurement personnel, the appro- on a regular basis receives training during (b) AVAILABILITY OF AMOUNT.— priate Federal procurement personnel may fiscal year 2006 on the requirements of sec- (1) IN GENERAL.—Of the amount authorized release such amount for payment to the con- tion 2533a of title 10, United States Code to be appropriated by section 201(2) for re- tractor concerned. (commonly referred to as the ‘‘Berry search, development, test, and evaluation for (f) INCLUSION OF INFORMATION ON WITH- Amendment‘‘);, and the regulations imple- the Navy, as increased by subsection (a), HOLDING AND RELEASE IN QUARTERLY RE- menting that section. $6,000,000 may be available for research and PORTS.—Each report under subsection (a) (b) INCLUSION OF INFORMATION IN NEW development on Long Wavelength Array low after the initial report under that subsection TRAINING PROGRAMS.—The Secretary shall frequency radio astronomy instruments. shall include the following: ensure that any training program for the de- (2) CONSTRUCTION WITH OTHER AMOUNTS.— (1) A description of each action taken fense acquisition workforce development or The amount available under paragraph (1) under subsection (d) or (e) during the period implemented after the date of the enactment for the purpose set forth in that paragraph is covered by such report. of this Act includes comprehensive informa- in addition to any other amounts available (2) A justification of each determination or tion on the requirements described in sub- under this Act for that purpose. negotiated settlement under subsection (d) section (a). (c) OFFSET.—The amount authorized to be or (e) that appropriately explains the deter- On page 92, after line 25, add the following: appropriated by section 301(4) for operation mination of the applicable Federal procure- SEC. 538. PROMOTION OF FOREIGN LANGUAGE and maintenance for the Air Force is hereby ment personnel in terms of reasonableness, SKILLS AMONG MEMBERS OF THE reduced by $6,000,000. allocability, or other factors affecting the RESERVE OFFICERS’ TRAINING On page 213, between lines 2 and 3, insert acceptability of the costs concerned. CORPS. the following: (g) DEFINITIONS.—In this section: (a) IN GENERAL.—The Secretary of Defense SEC. 807. TEMPORARY INAPPLICABILITY OF (1) The term ‘‘appropriate committees of shall support the acquisition of foreign lan- BERRY AMENDMENT TO PROCURE- Congress’’ means— guage skills among cadets and midshipmen MENTS OF ITEMS USED TO PRODUCE (A) the Committees on Appropriations, in the Reserve Officers’ Training Corps, in- FORCE PROTECTION EQUIPMENT. Armed Services, and Homeland Security and cluding through the development and imple- (a) IN GENERAL.—Section 2533a(a) of title Governmental Affairs of the Senate; and mentation of— 10, United States Code, shall not apply to the (B) the Committees on Appropriations, (1) incentives for cadets and midshipmen to procurement, during the 2-year period begin- Armed Services, and Government Reform of participate in study of a foreign language, ning on the date of the enactment of this the House of Representatives. including special emphasis for Arabic, Chi- Act, of items if such items are used to (2) The term ‘‘investigative or audit com- nese, and other ‘‘strategic languages’’, as de- produce force protection equipment needed ponent of the Department of Defense’’ means fined by the Secretary of Defense in con- to prevent combat fatalities in Iraq or Af- any of the following: sultation with other relevant agencies; and ghanistan.

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(b) TREATMENT OF PROCUREMENTS WITHIN At the end of subtitle G of title X, add the essary to implement the strategy of the De- PERIOD.—For the purposes of subsection (a), following: partment for acquiring commercial satellite a procurement shall be treated as being SEC. 1073. RETENTION OF REIMBURSEMENT FOR communication services. made during the 2-year period described in PROVISION OF RECIPROCAL FIRE In the section heading of section 582, insert that subsection to the extent that funds are PROTECTION SERVICES. ‘‘or decreases’’ after ‘‘increases’’. obligated by the Department of Defense for Section 5 of the Act of May 27, 1955 (chap- In section 582(a), insert ‘‘or decrease’’ after that procurement during that period. ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- ‘‘overall increase’’. At the end of subtitle E of title II, add the ed— In the matter preceding subparagraph (A) following: (1) by striking ‘‘Funds’’ and inserting ‘‘(a) of section 582(b)(2), insert ‘‘or decrease’’ after SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- Funds’’; and ‘‘overall increase’’. TATION ON PROCUREMENT OF SYS- (2) by adding at the end the following new In section 582(b)(2)(B), strike ‘‘; or’’ and in- TEMS NOT GPS-EQUIPPED. subsection: sert a semicolon. (a) DELAYED EFFECTIVE DATE.—Section ‘‘(b) Notwithstanding the provisions of sub- In section 582(b)(2)(C), strike the period at 152(b) of the National Defense Authorization section (a), all sums received for any Depart- the end and insert ‘‘; or’’. Act for Fiscal Year 1994 (Public Law 103–160; ment of Defense activity for fire protection In section 528(b)(2), add at the end the fol- 107 Stat. 1578), as amended by section 218(e) rendered pursuant to this Act shall be cred- lowing: of the Strom Thurmond National Defense ited to the appropriation fund or account (D) a change in the number of housing Authorization Act for Fiscal Year 1999 (Pub- from which the expenses were paid. Amounts units on a military installation. In section 582(d)(1), insert ‘‘or decrease’’ lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 so credited shall be merged with funds in after ‘‘overall increase’’. note), is further amended by striking ‘‘2005’’ such appropriation fund or account and shall At the end of subtitle F of title V, add the and inserting ‘‘2007’’. be available for the same purposes and sub- following: (b) RATIFICATION OF ACTIONS.—Any obliga- ject to the same limitations as the funds tion or expenditure of funds by the Depart- with which the funds are merged.’’. SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND SIMILAR LEAVE. ment of Defense during the period beginning On page 286, between lines 7 and 8, insert (a) POLICY REQUIRED.—The Secretary of on October 1, 2005, and ending on the date of the following: Defense shall prescribe in regulations a uni- the enactment of this Act to modify or pro- SEC. 1073. EXPANSION OF EMERGENCY SERVICES form policy for the taking by members of the cure a Department of Defense aircraft, ship, UNDER RECIPROCAL AGREEMENTS. Armed Forces of parental leave to cover armored vehicle, or indirect-fire weapon sys- Subsection (b) of the first section of the leave to be used in connection with births or tem that is not equipped with a Global Posi- Act of May 27, 1955 (69 Stat. 66, chapter 105; adoptions, as the Secretary shall designate tioning System receiver is hereby ratified. 42 U.S.C. 1856(b)) is amended by striking under the policy. At the end of subtitle B of title II, add the ‘‘and fire fighting’’ and inserting ‘‘, fire (b) UNIFORMITY ACROSS ARMED FORCES.— following: fighting, and emergency services, including The policy prescribed under subsection (a) basic and advanced life support, hazardous SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. shall apply uniformly across the Armed material containment and confinement, and (a) ARMY PROGRAMS.—(1) The amount au- Forces. thorized to be appropriated by section 201(1) special rescue events involving vehicular and On page 96, strike lines 19 and 20 and insert for research, development, test, and evalua- water mishaps, and trench, building, and the following: tion for the Army is hereby increased by confined space extractions’’. ‘‘(2) Military legal assistance may be pro- $10,000,000. At the end of subtitle A of title VIII, add vided only by a judge advocate or a civilian (2) Of the amount authorized to be appro- the following: attorney who is a member of the bar of a priated by section 201(1) for research, devel- SEC. 807. ACQUISITION STRATEGY FOR COMMER- Federal court or of the highest court of a opment, test, and evaluation for the Army, CIAL SATELLITE COMMUNICATION State. as increased by paragraph (1), $10,000,000 may SERVICES. ‘‘(3) In this subsection, the term ‘military (a) REQUIREMENT FOR SPEND ANALYSIS.— be available for Program Element 0601103A legal assistance’ includes— for University Research Initiatives. The Secretary of Defense shall, as a part of At the end of subtitle C of title V, add the (b) NAVY PROGRAMS.—(1) The amount au- the effort of the Department of Defense to following: develop a revised strategy for acquiring com- thorized to be appropriated by section 201(2) SEC. 538. PILOT PROGRAM ON ENHANCED QUAL- for research, development, test, and evalua- mercial satellite communication services, ITY OF LIFE FOR MEMBERS OF THE tion for the Navy is hereby increased by perform a complete spend analysis of the ARMY RESERVE AND THEIR FAMI- $5,000,000. past and current acquisitions by the Depart- LIES. (2) Of the amount authorized to be appro- ment of commercial satellite communica- (a) PILOT PROGRAM REQUIRED.— priated by section 201(2) for research, devel- tion services. (1) IN GENERAL.—The Secretary of the opment, test, and evaluation for the Navy, as (b) REPORT ON ACQUISITION STRATEGY.— Army shall carry out a pilot program to as- increased by paragraph (1), $5,000,000 may be (1) IN GENERAL.—Not later than six months sess the feasability and advisability of uti- available for Program Element 0601103N for after the date of the enactment of this Act, lizing a coalition of military and civilian University Research Initiatives. the Secretary shall submit to Congress a re- community personnel at military installa- (c) AIR FORCE PROGRAMS.—(1) The amount port on the acquisition strategy of the De- tions in order to enhance the quality of life authorized to be appropriated by section partment of Defense for commercial satellite for members of the Army Reserve who serve 201(3) for research, development, test, and communications services. at such installations and their families. evaluation for the Air Force is hereby in- (2) ELEMENTS.—The report required by (2) LOCATIONS.—The Secretary shall carry creased by $10,000,000. paragraph (1) shall include the following: out the pilot program at a military installa- (2) Of the amount authorized to be appro- (A) A description of the spend analysis re- tion selected by the Secretary for purposes priated by section 201(3) for research, devel- quired by subsection (a), including the re- of the pilot program in two States. opment, test, and evaluation for the Air sults of the analysis. (b) PARTICIPATING PERSONNEL.—A coalition Force, as increased by paragraph (1), (B) The proposed strategy of the Depart- of personnel under the pilot program shall $10,000,000 may be available for Program Ele- ment for acquiring commercial satellite consist of— ment 0601103F for University Research Ini- communication services, which strategy (1) such command personnel at the instal- tiatives. shall— lation concerned as the commander of such (d) DEFENSE-WIDE ACTIVITIES.—(1) The (i) be based in appropriate part on the re- installation considers appropriate; amount authorized to be appropriated by sults of the analysis required by subsection (2) such other military personnel at such section 201(4) for research, development, test, (a); and installation as the commander of such in- and evaluation for Defense-wide activities is (ii) take into account various methods of stallation considers appropriate; and hereby increased by $15,000,000. aggregating purchases and leveraging the (3) appropriate members of the civilian (2) Of the amount authorized to be appro- purchasing power of the Department, includ- community of installation, such as clini- priated by section 201(4) for research, devel- ing through the use of multiyear contracting cians and teachers, who volunteer for par- opment, test, and evaluation for Defense- for commercial satellite communication ticipation in the coalition. wide activities, as increased by paragraph services. (c) OBJECTIVES.— (1)— (C) A proposal for such legislative action (1) PRINCIPLE OBJECTIVE.—The principle ob- (A) $10,000,000 may be available for Pro- as the Secretary considers necessary to ac- jective of the pilot program shall be to en- gram Element 0601120D8Z for the SMART quire appropriate types and amounts of com- hance the quality of life for members of the National Defense Education Program; and mercial satellite communications services Army Reserve and their families in order to (B) $5,000,000 may be available for Program using methods of aggregating purchases and enhance the mission readiness of such mem- Element 0601101E for the Defense Advanced leveraging the purchasing power of the De- bers, to facilitate the transition of such Research Projects Agency University Re- partment (including the use of multiyear members to and from deployment, and to en- search Program in Computer Science and contracting), or if the use of such methods is hance the retention of such members. Cybersecurity. determined inadvisable, a statement of the (2) OBJECTIVES RELATING TO DEPLOYMENT.— (e) OFFSETS.—(1) The amount authorized to rationale for such determination. In seeking to achieve the principle objective be appropriated by section 301(4) is hereby (D) A proposal for such other legislative under paragraph (1) with respect to the de- reduced by $40,000,000. action that the Secretary considers nec- ployment of members of the Army Reserve,

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11153 each coalition under the pilot program shall (2) Evaluations to identify and treat poten- ment from among the Department of Defense seek to assist members of the Army Reserve tial and actual health effects from vaccines personnel appointed to the task force. The and their families in— before and after their use in the field. other co-chair shall be selected from among (A) successfully coping with the absence of (3) The development and sustainment of a the members appointed from outside the De- such members from their families during de- long-term vaccine safety and efficacy reg- partment of Defense by members so ap- ployment; and istry. pointed. (B) successfully addressing other difficul- (4) Support for an expert clinical advisory (c) LONG-TERM PLAN ON MENTAL HEALTH ties associated with extended deployments, board for case reviews related to disability SERVICES.— including difficulties of members on deploy- assessment questions. (1) IN GENERAL.—Not later than 12 months ment and difficulties of family members at (5) Long-term and short-term studies to after the date on which all members of the home. identify unanticipated benefits and adverse task force have been appointed, the task (3) METHODS TO ACHIEVE OBJECTIVES.—The events from vaccines. force shall submit to the Secretary a long- methods selected by each coalition under the (6) Educational outreach for immunization term plan (referred to as a strategic plan) on pilot program to achieve the objectives spec- providers and those requiring immuniza- means by which the Department of Defense ified in this subsection shall include methods tions. shall improve the efficacy of mental health as follows: (7) The development, dissemination, and services provided to members of the Armed (A) Methods that promote a balance of validation of educational materials for De- Forces by the Department of Defense. work and family responsibilities through a partment of Defense healthcare workers re- (2) UTILIZATION OF OTHER EFFORTS.—In pre- principle-centered approach to such matters. lating to vaccine safety, efficacy, and ac- paring the report, the task force shall take (B) Methods that promote the establish- ceptability. into consideration completed and ongoing ef- ment of appropriate priorities for family At the appropriate place, insert the fol- forts by the Department of Defense to im- matters, such as the allocation of time and lowing: prove the efficacy of mental health care pro- attention to finances, within the context of SEC. ll. DEPARTMENT OF DEFENSE TASK vided to members of the Armed Forces by meeting military responsibilities. FORCE ON MENTAL HEALTH. the Department. (C) Methods that promote the development (a) REQUIREMENT TO ESTABLISH.—The Sec- (3) ELEMENTS.—The long-term plan shall of meaningful family relationships. retary of Defense shall establish within the include an assessment of and recommenda- (D) Methods that promote the development Department of Defense a task force to exam- tions (including recommendations for legis- of parenting skills intended to raise emo- ine matters relating to mental health and lative or administrative action) for measures tionally healthy and empowered children. the Armed Forces. to improve the following: (d) REPORT.—Not later than April 1, 2007, (b) COMPOSITION.— (A) The awareness of the prevalence of the Secretary shall submit to the congres- (1) MEMBERS.—The task force shall consist mental health conditions among members of sional defense committees a report on the of not more than 14 members appointed by the Armed Forces. pilot program carried out under this section. the Secretary of Defense from among indi- (B) The efficacy of existing programs to The report shall include— viduals described in paragraph (2) who have prevent, identify, and treat mental health (1) a description of the pilot program; demonstrated expertise in the area of mental conditions among members of the Armed (2) an assessment of the benefits of uti- health. Forces, including programs for and with re- lizing a coalition of military and civilian (2) RANGE OF MEMBERS.—The individuals spect to forward-deployed troops. community personnel on military installa- appointed to the task force shall include— (C) The reduction or elimination of bar- tions in order to enhance the quality of life (A) at least one member of each of the riers to care, including the stigma associated for members of the Army Reserve and their Army, Navy, Air Force, and Marine Corps; with seeking help for mental health related families; and and conditions, and the enhancement of con- (3) such recommendations for legislative or (B) a number of persons from outside the fidentiality for members of the Armed administrative action as the Secretary con- Department of Defense equal to the total Forces seeking care for such conditions. siders appropriate in light of the pilot pro- number of personnel from within the Depart- (D) The adequacy of outreach, education, gram. ment of Defense (whether members of the and support programs on mental health mat- (e) FUNDING.— Armed Forces or civilian personnel) who are ters for families of members of the Armed (1) IN GENERAL.—The amount authorized to appointed to the task force. Forces. be appropriated by section 301(6) for oper- (3) INDIVIDUALS APPOINTED WITHIN DEPART- (E) The efficacy of programs and mecha- ation and maintenance for the Army Reserve MENT OF DEFENSE.—At least one of the indi- nisms for ensuring a seamless transition is hereby increased by $160,000, with the viduals appointed to the task force from from care of members of the Armed Forces amount of the increase to be available to within the Department of Defense shall be on active duty for mental health conditions carry out the pilot program required by this the surgeon general of an Armed Force or a through the Department of Defense to care section. designee of such surgeon general. for such conditions through the Department (2) OFFSET.—The amount authorized to be (4) INDIVIDUALS APPOINTED OUTSIDE DEPART- of Veterans Affairs after such members are appropriated by section 201(2) for research, MENT OF DEFENSE.—(A) Individuals appointed discharged or released from military, naval, development, test, and evaluation for the to the task force from outside the Depart- or air service. Navy and available for Ship Self Defense ment of Defense may include officers or em- (F) The availability of long-term follow-up (Detect and Control) (PE #0604755N) is here- ployees of other departments or agencies of and access to care for mental health condi- by reduced by $160,000, with the amount of the Federal Government, officers or employ- tions for members of the Individual Ready the reduction to be allocated to amounts for ees of State and governments, or individuals Reserve, and the Selective Reserve and for Autonomous Unmanned Surface Vessel. from the private sector. discharged, separated, or retired members of At the end of subtitle B of title VII, add (B) The individuals appointed to the task the Armed Forces. the following: force from outside the Department of De- (G) Collaboration among organizations in SEC. 718. RESPONSE TO MEDICAL NEEDS ARIS- fense shall include— the Department of Defense with responsi- ING FROM MANDATORY MILITARY (i) an officer or employee of the Depart- VACCINATIONS. bility for or jurisdiction over the provision ment of Veterans Affairs appointed by the (a) IN GENERAL.—The Secretary of Defense of mental health services. shall maintain a joint military medical cen- Secretary of Defense in consultation with (H) Coordination between the Department ter of excellence focusing on the medical the Secretary of Veterans Affairs; of Defense and civilian communities, includ- needs arising from mandatory military vac- (ii) an officer or employee of the Substance ing local support organizations, with respect cinations. Abuse and Mental Health Services Adminis- to mental health services. (b) ELEMENTS.—The joint military medical tration of the Department of Health and (I) The scope and efficacy of curricula and center of excellence under subsection (a) Human Services appointed by the Secretary training on mental health matters for com- shall consist of the following: of Defense in consultation with the Sec- manders in the Armed Forces. (1) The Vaccine Health Care Centers of the retary of Health and Human Services; and (J) Such other matters as the task force Department of Defense, which shall be the (iii) at least two individuals who are rep- considers appropriate. principle elements of the center. resentatives of— (d) ADMINISTRATIVE MATTERS.— (2) Any other elements that the Secretary (I) a mental health policy and advocacy or- (1) COMPENSATION.—Each member of the considers appropriate. ganization; and task force who is a member of the Armed (c) AUTHORIZED ACTIVITIES.—In acting as (II) a national veterans service organiza- Forces or a civilian officer or employee of the principle elements of the joint military tion. the United States shall serve without com- medical center under subsection (a), the Vac- (5) DEADLINE FOR APPOINTMENT.—All ap- pensation (other than compensation to cine Health Care Centers referred to in sub- pointments of individuals to the task force which entitled as a member of the Armed section (b)(1) may carry out the following: shall be made not later than 120 days after Forces or an officer or employee of the (1) Medical assistance and care to individ- the date of the enactment of this Act. United States, as the case may be). Other uals receiving mandatory military vaccines (6) CO-CHAIRS OF TASK FORCE.—There shall members of the task force shall be treated and their dependents, including long-term be two co-chairs of the task force. One of the for purposes of section 3161 of title 5, United case management for adverse events where co-chairs shall be designated by the Sec- States Code, as having been appointed under necessary. retary of the Defense at the time of appoint- subsection (b) of such section.

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(2) OVERSIGHT.—The Under Secretary of quired under subsection (a). The report shall (3) Not later than 120 days after the date of Defense for Personnel and Readiness shall include a plan to implement, not later than the members return from such deployment. oversee the activities of the task force. October 1, 2006, actions determined to be in (4) Whenever the member receives any (3) ADMINISTRATIVE SUPPORT.—The Wash- the United States national security interest. other medical examination through the De- ington Headquarters Services of the Depart- (2) FORM.—The report required under para- partment of Defense. ment of Defense shall provide the task force graph (1) shall be submitted in unclassified In lieu of the matter proposed to be in- with personnel, facilities, and other adminis- form, but may include an unclassified annex. serted, insert the following: trative support as necessary for the perform- In subtitle B of title VII of the bill, add the SEC. 718. MENTAL HEALTH COUNSELORS UNDER ance of the duties of the task force. following at the end: TRICARE. (4) ACCESS TO FACILITIES.—The Under Sec- SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS. (a) IN GENERAL.—Section 1079(a) of title 10, retary of Defense for Personnel and Readi- (a) REPORT.—The Secretary of Defense United States Code, is amended by adding at ness shall, in coordination with the Secre- shall report to the Committees on Armed the end the following new paragraph: taries of the military departments, ensure Services of the Senate and the House of Rep- ‘‘(17) Services of mental health counselors, appropriate access by the task force to mili- resentatives efforts within the Department except that— tary installations and facilities for purposes of Defense to prepare for pandemic influenza, ‘‘(A) such services are limited to services of the discharge of the duties of the task including pandemic avian influenza. The provided by counselors who are licensed force. Secretary shall address the following, with under applicable State law to provide mental (e) REPORT.— respect to military and civilian personnel— health services; (1) IN GENERAL.—The task force shall sub- (1) the procurement of vaccines, antivirals ‘‘(B) such services may be provided inde- mit to the Secretary of Defense a report on and other medicines, and medical supplies, pendently of medical oversight and super- its activities under this section. The report including personal protective equipment, vision only in areas identified by the Sec- shall include— particularly those that must be imported; retary as ‘medically underserved areas’ (A) a description of the activities of the (2) protocols for the allocation and dis- where the Secretary determines that 25 per- task force; tribution of vaccines and medicines among cent or more of the residents are located in (B) the plan required by subsection (c); and high priority populations; primary shortage areas designated pursuant (C) such other mattes relating to the ac- (3) public health containment measures to section 332 of the Public Health Services tivities of the task force that the task force that may be implemented on military bases Act (42 U.S.C. 254e); and considers appropriate. and other facilities, including quarantine, ‘‘(C) the provision of such services shall be (2) TRANSMITTAL TO CONGRESS.—Not later travel restrictions and other isolation pre- consistent with such rules as may be pre- than 90 days after receipt of the report under cautions; scribed by the Secretary of Defense, includ- paragraph (1), the Secretary shall transmit (4) communication with Department of De- ing criteria applicable to credentialing or the report to the Committees on Armed fense affiliated health providers about pan- certification of mental health counselors and Services and Veterans’ Affairs of the Senate demic preparedness and response; a requirement that mental health counselors and the House of Representatives. The Sec- (5) surge capacity for the provision of med- accept payment under this section as full retary may include in the transmittal such ical care during pandemics; payment for all services provided pursuant comments on the report as the Secretary (6) the availability and delivery of food and to this paragraph.’’. considers appropriate. basic supplies and services; (b) AUTHORITY TO ENTER INTO PERSONAL (f) TERMINATION.—The task force shall ter- (7) surveillance efforts domestically and SERVICES CONTRACTS.—Section 704(c)(2) of minate 90 days after the date on which the internationally, including those utilizing the the National Defense Authorization Act for report of the task force is submitted to Con- Global Emerging Infections Systems (GEIS), Fiscal Year 1995 (Public Law 103–337; 108 gress under subsection (e)(2). and how such efforts are integrated with Stat. 2799; 10 U.S.C. 1091 note) is amended by At the end of subtitle B of title VI, add the other ongoing surveillance systems; inserting ‘‘mental health counselors,’’ after following: (8) the integration of pandemic and re- ‘‘psychologists,’’. (a) AUTHORITY TO CONTINUE ALLOWANCE.— SEC. 624. ELIGIBILITY OF ORAL AND MAXILLO- sponse planning with those of other Federal Effective as of September 30, 2005, section FACIAL SURGEONS FOR INCENTIVE departments, including the Department of 1026 of division A of the Emergency Supple- SPECIAL PAY FOR MEDICAL OFFI- Health and Human Services, Department of mental Appropriations Act for Defense, the CERS OF THE ARMED FORCES. the Veterans Affairs, Department of State, Global War on Terror, and Tsunami Relief, (a) IN GENERAL.—For purposes of eligi- and USAID; and 2005 (Public Law 109–13), is amended by strik- bility for incentive special pay payable (9) collaboration (as appropriate) with ing subsections (d) and (e). under section 302(b) of title 37, United States international entities engaged in pandemic (b) CODIFICATION OF REPORTING REQUIRE- Code, oral and maxillofacial surgeons shall preparedness and response. MENT.—Section 411h of title 37, United States be treated as medical officers of the Armed UBMISSION OF REPORT.—Not later than (b) S Code, is amended by adding at the end the Forces who may be paid variable special pay 120 days after the date of enactment of this under section 302(a)(2) of such title. following new subsection: Act, the Secretary of Defense shall submit ‘(e) If the amount of travel and transpor- (b) EFFECTIVE DATE.—Subsection (a) shall the report to the Committees on Armed tation allowances provided in a fiscal year take effect on October 1, 2005, and shall apply Services of the Senate and the House of Rep- with respect to incentive special pay payable under clause (ii) of subsection (a)(2)(B) ex- resentatives. ceeds $20,000,000, the Secretary of Defense under section 302(b) of title 37, United States At the end of subtitle F of title V, add the Code, on or after that date. shall submit to Congress a report specifying following: the total amount of travel and transpor- On page 296, after line 19, add the fol- SEC. 573. MENTAL HEALTH SCREENINGS OF MEM- lowing: tation allowances provided under such clause BERS OF THE ARMED FORCES FOR in such fiscal year.’. SEC. 1205. REPORT ON NONSTRATEGIC NUCLEAR POST TRAUMATIC STRESS DIS- (c) CONFORMING AMENDMENT.—Subsection WEAPONS. ORDER AND OTHER MENTAL (a)(2)(B)(ii) of such section, as added by sec- (a) REVIEW.—Not later than six months HEALTH CONDITIONS. tion 1026 of division A of the Emergency Sup- after date of enactment, the Secretary of De- (a) MENTAL HEALTH SCREENINGS.— plemental Appropriations Act for Defense, fense shall, in consultation with the Sec- (1) IN GENERAL.—Under regulations pre- the Global War on Terror, and Tsunami Re- retary of State, conduct a review of United scribed by the Secretary of Defense, the Sec- lief, 2005 (Public Law 109–13), is amended by States and Russian nonstrategic nuclear retary concerned shall perform mental striking ‘under section 1967(c)(1)(A) of title weapons and determine whether it is in the health screenings of each member of the Armed Forces who is deployed in a combat 38’. national security interest of the United (d) FUNDING.—Funding shall be provided operation or to a combat zone. States— out of existing funds. (b) NATURE OF SCREENINGS.—The first men- (1) to reduce the number of United States At the end of subtitle G of title X, add the tal health screening of a member under this and Russian nonstrategic nuclear weapons; following: (2) to improve the security of United section shall be designed to determine the mental state of such member before deploy- SEC. 1073. RENEWAL OF MORATORIUM ON RE- States and Russian nonstrategic nuclear TURN OF VETERANS MEMORIAL OB- weapons in storage and during transport; ment. Each other mental health screening of JECTS TO FOREIGN NATIONS WITH- (3) to identify and develop mechanisms and a member under this section shall be des- OUT SPECIFIC AUTHORIZATION IN procedures to implement transparent reduc- ignated to detect symptoms or other evi- LAW. tions in nonstrategic nuclear weapons; and dence in such member of Post Traumatic Section 1051(c) of the National Defense Au- (4) to identify and develop mechanisms and Stress Disorder (PTSD) or other mental thorization Act for Fiscal Year 2000 (Public procedures to implement the transparent health condition relating to combat. Law 106–65, 113 Stat. 763; 10 U.S.C. 2572 note) dismantlement of excess nonstrategic nu- (c) TIME OF SCREENINGS.—A member shall is amended by inserting ‘‘, and during the pe- clear weapons. receive a mental health screening under this riod beginning on the date of the enactment (b) REPORT.— section at times as follows: of the National Defense Authorization Act (1) IN GENERAL.—The Secretary of Defense (1) Prior to deployment in a combat oper- for Fiscal Year 2006 and ending on September shall, in consultation with the Secretary of ation or to a combat zone. 30, 2010. State and the Secretary of Energy, submit a (2) Not later than 30 days after the date of At the end of subtitle G of title X, add the joint report on the results of the review re- the member’s return from such deployment. following:

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SEC. 1073. GRANT OF FEDERAL CHARTER TO KO- ‘‘(b) OFFICERS.—The positions of officers of At the end of subtitle H of title V, add the REAN WAR VETERANS ASSOCIATION, the corporation, and the election of the offi- following: INCORPORATED. cers, are as provided in the articles of incor- SEC. 596. CONSUMER EDUCATION FOR MEMBERS (a) GRANT OF CHARTER.—Part B of subtitle poration. OF THE ARMED FORCES AND THEIR II of title 36, United States Code, is amend- ‘‘§ 120105. Powers SPOUSES ON INSURANCE AND ed— OTHER FINANCIAL SERVICES. ‘‘The corporation has only those powers (1) by striking the following: (a) EDUCATION AND COUNSELING REQUIRE- provided in its bylaws and articles of incor- MENTS.— ‘‘CHAPTER 1201—[RESERVED]’’; poration filed in each State in which it is in- (1) IN GENERAL.—Chapter 50 of title 10, and corporated. (2) by inserting after chapter 1103 the fol- United States Code, is amended by adding at ‘‘§ 120106. Restrictions lowing new chapter: the end the following new section: ‘‘(a) STOCK AND DIVIDENDS.—The corpora- ‘‘CHAPTER 1201—KOREAN WAR VETERANS ‘‘§ 992. Consumer education: financial serv- tion may not issue stock or declare or pay a ices ASSOCIATION, INCORPORATED dividend. ‘‘(a) REQUIREMENT FOR CONSUMER EDU- ‘‘Sec. ‘‘(b) POLITICAL ACTIVITIES.—The corpora- CATION PROGRAM FOR MEMBERS.—(1) The Sec- ‘‘120101. Organization. tion, or a director or officer of the corpora- retary concerned shall carry out a program ‘‘120102. Purposes. tion as such, may not contribute to, support, to provide comprehensive education to mem- ‘‘120103. Membership. or participate in any political activity or in bers of the armed forces under the jurisdic- ‘‘120104. Governing body. any manner attempt to influence legislation. tion of the Secretary on— ‘‘120105. Powers. ‘‘(c) LOAN.—The corporation may not make ‘‘(A) financial services that are available ‘‘120106. Restrictions. a loan to a director, officer, or employee of under law to members; ‘‘120107. Tax-exempt status required as condi- the corporation. ‘‘(B) financial services that are routinely tion of charter. ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR offered by private sector sources to mem- ‘‘120108. Records and inspection. AUTHORITY.—The corporation may not claim bers; ‘‘120109. Service of process. congressional approval, or the authority of ‘‘(C) practices relating to the marketing of ‘‘120110. Liability for acts of officers and the United States, for any of its activities. private sector financial services to members; agents. ‘‘(e) CORPORATE STATUS.—The corporation ‘‘120111. Annual report. shall maintain its status as a corporation in- ‘‘(D) such other matters relating to finan- ‘‘120112. Definition. corporated under the laws of the State of cial services available to members, and the ‘‘§ 120101. Organization New York. marketing of financial services to members, as the Secretary considers appropriate; and ‘‘(a) FEDERAL CHARTER.—Korean War Vet- ‘‘§ 120107. Tax-exempt status required as con- ‘‘(E) such other financial practices as the erans Association, Incorporated (in this dition of charter Secretary considers appropriate. chapter, the ‘corporation’), a nonprofit orga- ‘‘If the corporation fails to maintain its ‘‘(2) Training under this subsection shall be nization that meets the requirements for a status as an organization exempt from tax- provided to members as— veterans service organization under section ation under the Internal Revenue Code of ‘‘(A) a component of members initial entry 501(c)(19) of the Internal Revenue Code of 1986, the charter granted under this chapter orientation training; and 1986 and that is organized under the laws of shall terminate. ‘‘(B) a component of periodically recurring the State of New York, is a federally char- ‘‘§ 120108. Records and inspection required training that is provided for the tered corporation. ‘‘(a) RECORDS.—The corporation shall members at military installations. ‘‘(b) EXPIRATION OF CHARTER.—If the cor- ‘‘(3) The training provided at a military in- poration does not comply with the provisions keep— ‘‘(1) correct and complete records of ac- stallation under paragraph (2)(B) shall in- of this chapter, the charter granted by sub- clude information on any financial services section (a) expires. count; ‘‘(2) minutes of the proceedings of its mem- marketing practices that are particularly ‘‘§ 120102. Purposes bers, board of directors, and committees hav- prevalent at that military installation and ‘‘The purposes of the corporation are those ing any of the authority of its board of direc- in the vicinity. provided in its articles of incorporation and tors; and ‘‘(b) COUNSELING FOR MEMBERS AND shall include the following: ‘‘(3) at its principal office, a record of the SPOUSES.—(1) The Secretary concerned shall, ‘‘(1) Organize as a veterans service organi- names and addresses of its members entitled upon request, provide counseling on financial zation in order to maintain a continuing in- to vote on matters relating to the corpora- services to each member of the armed forces, terest in the welfare of veterans of the Ko- tion. and such member’s spouse, under the juris- rean War, and rehabilitation of the disabled ‘‘(b) INSPECTION.—A member entitled to diction of the Secretary. veterans of the Korean War to include all vote on matters relating to the corporation, ‘‘(2)(A) In the case of a military installa- that served during active hostilities and sub- or an agent or attorney of the member, may tion at which at least 2,000 members of the sequently in defense of the Republic of inspect the records of the corporation for armed forces on active duty are assigned, the Korea, and their families. any proper purpose, at any reasonable time. Secretary concerned— ‘‘(2) To establish facilities for the assist- ‘‘(i) shall provide counseling on financial ‘‘§ 120109. Service of process ance of all veterans and to represent them in services under this subsection at such instal- their claims before the Department of Vet- ‘‘The corporation shall have a designated lation through a full-time financial services erans Affairs and other organizations with- agent in the District of Columbia to receive counselor at such installation; and out charge. service of process for the corporation. Notice ‘‘(ii) may provide such counseling at such ‘‘(3) To perpetuate and preserve the com- to or service on the agent is notice to or installation by any means elected by the radeship and friendships born on the field of service on the Corporation. Secretary concerned from among the fol- battle and nurtured by the common experi- ‘‘§ 120110. Liability for acts of officers and lowing: ence of service to our nation during the time agents ‘‘(I) Through members of the armed forces of war and peace. ‘‘The corporation is liable for the acts of in grade E–7 or above, or civilians, who pro- ‘‘(4) To honor the memory of those men its officers and agents acting within the vide such counseling as a part of the other and women who gave their lives that a free scope of their authority. duties for the Armed Forces or the Depart- America and a free world might live by the ‘‘§ 120111. Annual report ment of Defense. creation of living memorial, monuments, ‘‘(II) By contract, including contract for ‘‘The corporation shall submit to Congress and other forms of additional educational, services by telephone and by the Internet. an annual report on the activities of the cor- cultural, and recreational facilities. ‘‘(III) Through qualified representatives of poration during the preceding fiscal year. ‘‘(5) To preserve for ourselves and our pos- nonprofit organizations and agencies under The report shall be submitted at the same terity the great and basic truths and endur- formal agreement with the Department of time as the report of the audit required by ing principles upon which this nation was Defense to provide such counseling. section 10101(b) of this title. The report may founded. ‘‘(B) In the case of any military installa- not be printed as a public document. ‘‘§ 120103. Membership tion not described in subparagraph (A), the ‘‘§ 120112. Definition Secretary concerned shall provide counseling ‘‘Eligibility for membership in the cor- ‘‘For purposes of this chapter, the term on financial services under this subsection at poration, and the rights and privileges of ‘State’ includes the District of Columbia and such installation by any of the means set members of the corporation, are as provided the territories and possessions of the United forth in subparagraph (A)(ii), as elected by in the bylaws of the corporation. States.’’. the Secretary concerned. ‘‘§ 120104. Governing body (b) CLERICAL AMENDMENT.—The item relat- ‘‘(3) Each financial services counselor ‘‘(a) BOARD OF DIRECTORS.—The composi- ing to chapter 1201 in the table of chapters at under paragraph (2)(A)(i), and any other indi- tion of the board of directors of the corpora- the beginning of subtitle II of title 36, United vidual providing counseling on financial tion, and the responsibilities of the board, States Code, is amended to read as follows: services under paragraph (2), shall be an indi- are as provided in the articles of incorpora- ‘‘1201. Korean War Veterans Asso- vidual who, by reason of education, training, tion of the corporation. ciation, Incorporated ...... 120101’’. or experience, is qualified to provide helpful

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counseling to members of the armed forces (c) EFFECTIVE DATE.—The amendments ‘‘(2) A person accessioned into the Chaplain and their spouses on financial services and made by this section shall take effect on the Candidate Program is not eligible for the re- marketing practices described in subsection first day of the first month that begins more payment of loans under subsection (a). (a)(1). Such individual may be a member of than 120 days after the date of the enactment ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- the armed forces or an employee of the Fed- of this Act. MENTS.—The requirements specified in this eral Government. At the end of subtitle A of title VI, add the subsection are such requirements for ‘‘(4) The Secretary concerned shall take following: accessioning and commissioning of chaplains such action as is necessary to ensure that SEC. 605. PERMANENT EXTENSION OF PERIOD OF as are prescribed by the Secretary concerned each financial services counselor under para- TEMPORARY CONTINUATION OF in regulations. graph (2)(A)(i), and any other individual pro- BASIC ALLOWANCE FOR HOUSING ‘‘(d) LOAN REPAYMENT.—(1) Subject to viding counseling on financial services under FOR DEPENDENTS OF MEMBERS OF paragraph (2), the repayment of a loan under paragraphs (2), is free from conflicts of inter- THE ARMED FORCES WHO DIE ON this section may consist of payment of the ACTIVE DUTY. est relevant to the performance of duty principal, interest, and related expenses of Effective immediately after the termi- under this section, and, in the performance such loan. nation, pursuant to subsection (b) of section of that duty, is dedicated to furnishing mem- ‘‘(2) The amount of any repayment of a 1022 of the Emergency Supplemental Appro- bers of the armed forces and their spouses loan made under this section on behalf of a priations Act for Defense, the Global War on with helpful information and counseling on person may not exceed $20,000 for each three Terror, and Tsunami Relief, 2005 (Public Law financial services and related marketing year period of obligated service that the per- 109–13; 119 Stat. 251), of the amendments practices. son agrees to serve in an agreement de- made by subsection (a) of such section, sec- ‘‘(c) LIFE INSURANCE.—(1) In counseling a scribed in subsection (b)(3). Of such amount, tion 403(l) of title 37, United States Code, is member of the armed forces, or spouse of a not more than an amount equal to 50 percent amended by striking ‘‘180 days’’ each place it member of the armed forces, under this sec- of such amount may be paid before the com- appears and inserting ‘‘365 days’’. tion regarding life insurance offered by a pri- pletion by the person of the first year of obli- At the end of subtitle A of title VI, add the vate sector source, a financial services coun- gated service pursuant to such agreement. following: selor under subsection (b)(2)(A)(i), or another The balance of such amount shall be payable individual providing counseling on financial SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR at such time or times as are prescribed by RESERVE MEMBERS. services under subsection (b)(2), shall furnish the Secretary concerned in regulations. (a) EQUAL TREATMENT OF RESERVE MEM- the member or spouse, as the case may be, ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- BERS.—Subsection (g) of section 403 of title with information on the availability of GATION.—A person on behalf of whom repay- 37, United States Code, is amended— Servicemembers’ Group Life Insurance under ment of a loan is made under this section (1) by redesignating paragraph (3) as para- subchapter III of chapter 19 of title 38, in- who fails, during the period of obligated graph (4); cluding information on the amounts of cov- service the person agrees to serve in an (2) by inserting after paragraph (2) the fol- erage available and the procedures for elect- agreement described in subsection (b)(3), to lowing new paragraph (3): ing coverage and the amount of coverage. ‘‘(3) The rate of basic allowance for hous- serve satisfactorily in the Selected Reserve ‘‘(2)(A) A covered member of the armed ing to be paid to the following members of a may, at the election of the Secretary con- forces may not authorize payment to be reserve component shall be equal to the rate cerned, be required to pay the United States made for private sector life insurance by in effect for similarly situated members of a an amount equal to any amount of repay- means of an allotment of pay to which the regular component of the uniformed serv- ments made on behalf of the person in con- member is entitled under chapter 3 of title 37 ices: nection with the agreement.’’. unless the authorization of allotment is ac- ‘‘(A) A member who is called or ordered to (b) CLERICAL AMENDMENT.—The table of companied by a written certification by a active duty for a period of more than 30 days. sections at the beginning of chapter 1609 of commander of the member, a financial serv- ‘‘(B) A member who is called or ordered to such title is amended by adding at the end ices counselor referred to in subsection active duty for a period of 30 days or less in the following new item: (b)(2)(A)(i), or another individual providing support of a contingency operation.’’; and ‘‘16303. Education loan repayment program: counseling on financial services under sub- (3) in paragraph (4), as so redesignated, by chaplains serving in the Se- section (b)(2), as applicable, that the member striking ‘‘less than 140 days’’ and inserting lected Reserve.’’. has received counseling under paragraph (1) ‘‘30 days or less’’. At the end of subtitle F of title V, add the regarding the purchase of coverage under (b) CONFORMING AMENDMENT REGARDING following: that private sector life insurance. MEMBERS WITHOUT DEPENDENTS.—Paragraph ‘‘(B) Subject to subparagraph (C), a written SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. (1) of such subsection is amended by insert- certification described in subparagraph (A) (a) LIMITATION TO DOMESTIC NATIONAL ing ‘‘or for a period of more than 30 days’’ may not be made with respect to a member’s SERVICE PROGRAMS.—Subsection (c)(3)(D) of after ‘‘in support of a contingency oper- authorization of allotment as described in section 510 of title 10, United States Code, is ation’’ both places it appears. subparagraph (A) until seven days after the amended by striking ‘‘in the Peace Corps, At the end of subtitle E of title VI, add the date of the member’s authorization of allot- Americorps, or another national service pro- following: ment in order to facilitate the provision of gram’’ and inserting ‘‘in Americorps or an- counseling to the member under paragraph SEC. 653. EDUCATION LOAN REPAYMENT PRO- other domestic national service program’’. GRAM FOR CHAPLAINS IN THE SE- (b) ADMINISTRATION OF EDUCATION INCEN- (1). LECTED RESERVE. ‘‘(C) The commander of a member may TIVES BY SECRETARY OF VETERANS AFFAIRS.— (a) IN GENERAL.—Chapter 1609 of title 10, waive the applicability of subparagraph (B) Paragraph (2) of subsection (h) of such sec- United States Code, is amended by adding at tion is amended to read as follows: to a member for good cause, including the the end the following new section: member’s imminent change of station. ‘‘(2)(A) Educational assistance under para- ‘‘(D) In this paragraph, the term ‘covered ‘‘§ 16303. Education loan repayment program: graphs (3) or (4) of subsection (e) shall be pro- member of the armed forces’ means an active chaplains serving in the Selected Reserve vided through the Department of Veterans duty member of the armed forces in grades ‘‘(a) AUTHORITY TO REPAY EDUCATION Affairs under an agreement to be entered E–1 through E–4. LOANS.—Under regulations prescribed by the into by the Secretary of Defense and the Sec- ‘‘(d) FINANCIAL SERVICES DEFINED.—In this Secretary of Defense and subject to the pro- retary of Veterans Affairs. The agreements section, the term ‘financial services’ in- visions of this section, the Secretary con- shall include administrative procedures to cludes the following: cerned may, for purposes of maintaining ade- ensure the prompt and timely transfer of ‘‘(1) Life insurance, casualty insurance, quate numbers of chaplains in the Selected funds from the Secretary concerned to the and other insurance. Reserve, repay a loan that— Secretary of Veterans Affairs for the making ‘‘(2) Investments in securities or financial ‘‘(1) was used by a person described in sub- of payments under this section. instruments. section (b) to finance education resulting in ‘‘(B) Except as otherwise provided in this ‘‘(3) Banking, credit, loans, deferred pay- a Masters of Divinity degree; and section, the provisions of sections 503, 511, ment plans, and mortgages.’’. ‘‘(2) was obtained from an accredited theo- 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of (2) CLERICAL AMENDMENT.—The table of logical seminary as listed in the Association title 38 and the provisions of subchapters I sections at the beginning of such chapter is of Theological Schools (ATS) handbook. and II of chapter 36 of such title (with the ex- amended by adding at the end the following ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- ception of sections 3686(a), 3687, and 3692) new item: vided in paragraph (2), a person described in shall be applicable to the provision of edu- ‘‘992. Consumer education: financial serv- this subsection is a person who— cational assistance under this chapter. The ices.’’. ‘‘(A) satisfies the requirements specified in term ‘eligible veteran’ and the term ‘person’, (b) CONTINUING EFFECT OF EXISTING ALLOT- subsection (c); as used in those provisions, shall be deemed MENTS FOR LIFE INSURANCE.—Paragraph (c)(2) ‘‘(B) holds, or is fully qualified for, an ap- for the purpose of the application of those of section 992 of title 10, United States Code pointment as a chaplain in a reserve compo- provisions to this section to refer to a person (as added by subsection (a)), shall not affect nent of an armed force; and eligible for educational assistance under any allotment of pay authorized by a mem- ‘‘(C) signs a written agreement to serve not paragraph (3) or (4) of subsection (e).’’. ber of the Armed Forces before the effective less than three years in the Selected Re- At the end of subtitle B of title V, add the date of such section. serve. following:

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11157 SEC. 522. RECRUITMENT AND ENLISTMENT OF SEC. 1405A. REDUCTION IN AUTHORIZATION OF years of age’’ and inserting ‘‘forty-two years HOME SCHOOLED STUDENTS IN THE APPROPRIATIONS FOR IRAQ FREE- of age’’. ARMED FORCES. DOM FUND. SEC. 1505. REPEAL OF PROHIBITION ON PRIOR (a) POLICY ON RECRUITMENT AND ENLIST- The amount authorized to be appropriated SERVICE ENLISTMENT BONUS FOR MENT.— for fiscal year 2006 for the Iraq Freedom RECEIPT OF OTHER ENLISTMENT OR (1) POLICY REQUIRED.—The Secretary of De- Fund is the amount specified by section REENLISTMENT BONUS FOR SERV- fense shall prescribe a policy on the recruit- 1409(a) of this Act, reduced by $218,500,000. ICE IN THE SELECTED RESERVE. ment and enlistment of home schooled stu- At the end of division A, add the following: Section 308i(a)(2) of title 37, United States dents in the Armed Forces. TITLE XV—RECRUITMENT AND Code, is amended by striking subparagraph (2) UNIFORMITY ACROSS THE ARMED RETENTION (D). FORCES.—The Secretary shall ensure that the SEC. 1501. SHORT TITLE. SEC. 1506. INCREASE AND ENHANCEMENT OF AF- policy prescribed under paragraph (1) ap- This title may be cited as the ‘‘Military FILIATION BONUS FOR OFFICERS OF THE SELECTED RESERVE. plies, to the extent practicable, uniformly Recruiting Initiatives Act of 2005’’. across the Armed Forces. (a) REPEAL OF PROHIBITION ON ELIGIBILITY SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT LEMENTS FOR PRIOR RESERVE SERVICE.—Subsection (b) E .—The policy under sub- BONUS. section (a) shall include the following: (a)(2) of section 308j of title 37, United States (a) ENLISTMENT BONUS FOR SELECTED RE- (1) An identification of a graduate of home Code, is amended— SERVE MEMBERS.—Section 308c(b) of title 37, (1) in subparagraph (A), by adding ‘‘and’’ at schooling for purposes of recruitment and United States Code, is amended by striking the end; enlistment in the Armed Forces that is in ‘‘$10,000’’ and inserting ‘‘$20,000’’. (2) by striking subparagraph (B); and accordance with the requirements described (b) ENLISTMENT BONUS FOR ACTIVE MEM- (3) by redesignating subparagraph (C) as in subsection (c). BERS.—Section 309(a) of title 37, United subparagraph (B). (2) Provision for the treatment of grad- States Code, is amended by striking (b) INCREASE IN MAXIMUM AMOUNT.—Sub- uates of home schooling with no practical ‘‘$20,000’’ and inserting ‘‘$40,000’’. limit with regard to enlistment eligibility. section (d) of such section is amended by SEC. 1503. TEMPORARY AUTHORITY TO PAY striking ‘‘$6,000’’ and inserting ‘‘$10,000’’. (3) An exemption of graduates of home BONUS TO ENCOURAGE MEMBERS schooling from the requirement for a sec- OF THE ARMY TO REFER OTHER SEC. 1507. ENHANCEMENT OF EDUCATIONAL ondary school diploma or an equivalent PERSONS FOR ENLISTMENT IN THE LOAN REPAYMENT AUTHORITIES. (GED) as a precondition for enlistment in ARMY. (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY- the Armed Forces. (a) AUTHORITY TO PAY BONUS.—The Sec- MENT.—Paragraph (1) of section 2171(a) of (c) HOME SCHOOL GRADUATES.—In pre- retary of the Army may pay a bonus under title 10, United States Code, is amended— scribing the policy, the Secretary of Defense this section to a member of the Army, (1) in subparagraph (B), by striking ‘‘or’’ at shall prescribe a single set of criteria to be whether in the regular component of the the end; utilized by the Armed Forces in determining Army or in the Army National Guard or (2) in subparagraph (C), by striking the pe- whether an individual is a graduate of home Army Reserve, who refers to an Army re- riod at the end and inserting ‘‘; or’’; and schooling. The Secretary concerned shall en- cruiter a person who has not previously (3) by inserting after subparagraph (C) the sure compliance with education credential served in an Armed Force and who, after following new subparagraph: coding requirements. such referral, enlists in the regular compo- ‘‘(D) any loan incurred for educational pur- (d) SECRETARY CONCERNED DEFINED.—In nent of the Army or in the Army National poses made by a lender that is— this section, the term ‘‘Secretary concerned’’ Guard or Army Reserve. ‘‘(i) an agency or instrumentality of a has the meaning given such term in section (b) REFERRAL.—For purposes of this sec- State; 101(a)(9) of title 10, United States Code. tion, a referral for which a bonus may be ‘‘(ii) a financial or credit institution (in- At the end of subtitle H of title V, add the paid under subsection (a) occurs— cluding an insurance company) that is sub- following: (1) when a member of the Army contacts ject to examination and supervision by an SEC. 595. PAY OF MEMBERS OF THE COMMISSION an Army recruiter on behalf of a person in- agency of the United States or any State; ON THE NATIONAL GUARD AND RE- terested in enlisting in the Army; or ‘‘(iii) a pension fund approved by the Sec- SERVES. (2) when a person interested in enlisting in retary for purposes of this section; or (a) IN GENERAL.—Subsection (e)(1) of sec- the Army contacts the Army recruiter and ‘‘(iv) a non-profit private entity designated tion 513 of the Ronald W. Reagan National informs the recruiter of the role of the mem- by a State, regulated by such State, and ap- Defense Authorization Act for Fiscal Year ber in initially recruiting the person. proved by the Secretary for purposes of this 2005 (Public Law 108–375; 118 Stat. 1880) is (c) CERTAIN REFERRALS INELIGIBLE.— section.’’. amended by striking ‘‘except that’’ and all (1) REFERRAL OF IMMEDIATE FAMILY.—A (b) ELIGIBILITY OF OFFICERS.—Paragraph that follows through the end and inserting member of the Army may not be paid a (2) of such section is amended by striking ‘‘except that— bonus under subsection (a) for the referral of ‘‘an enlisted member in a military spe- ‘‘(A) in applying the first sentence of sub- an immediate family member. cialty’’ and inserting ‘‘a member in an offi- section (a) of section 957 of such Act to the (2) MEMBERS IN RECRUITING ROLES.—A cer program or military specialty’’. Commission, ‘may’ shall be substituted for member of the Army serving in a recruiting SEC. 1508. REPORT ON RESERVE DENTAL INSUR- ‘shall’; and or retention assignment, or assigned to other ANCE PROGRAM. ‘‘(B) in applying subsections (a), (c)(2), and duties regarding which eligibility for a bonus (a) STUDY.—The Secretary of Defense shall (e) of section 957 of such Act to the Commis- under subsection (a) could (as determined by conduct a study of the Reserve Dental Insur- sion, ‘level IV of the Executive Schedule’ the Secretary) be perceived as creating a ance program. shall be substituted for ‘level V of the Execu- conflict of interest, may not be paid a bonus (b) ELEMENTS.—The study required by sub- tive Schedule’.’’. under subsection (a). section (a) shall— (b) TECHNICAL AMENDMENT.—Subsection (d) AMOUNT OF BONUS.—The amount of the (1) identify the most effective mechanism (c)(2)(C) of such section is amended by strik- bonus paid for a referral under subsection (a) or mechanisms for the payment of premiums ing ‘‘section 404(a)(4)’’ and inserting ‘‘section may not exceed $1,000. The bonus shall be under the Reserve Dental Insurance program 416(a)(4)’’. paid in a lump sum. for members of the reserve components of On page 305, strike line 2 and all that fol- (e) TIME OF PAYMENT.—A bonus may not be the Armed Forces and their dependents, in- lows through line 6, and insert the following: paid under subsection (a) with respect to a cluding by deduction from reserve pay, by di- (a) IN GENERAL.—Funds are hereby author- person who enlists in the Army until the per- rect collection, or by other means (including ized to be appropriated for fiscal year 2006 for son completes basic training and individual appropriate mechanisms from other military the procurement accounts for the Air Force advanced training. benefits programs), to ensure uninterrupted in the amounts as follows: (f) RELATION TO PROHIBITION ON BOUN- availability of premium payments regardless (1) For aircraft, $323,200,000. TIES.—The referral bonus authorized by this of whether members are performing active (2) For other procurement, $51,900,000. section is not a bounty for purposes of sec- duty with pay or inactive-duty training with (b) AVAILABILITY OF CERTAIN AMOUNTS.—Of tion 514(a) of title 10, United States Code. pay; the amounts authorized to be appropriated (g) LIMITATION ON INITIAL USE OF AUTHOR- (2) include such matters relating to the Re- by subsection (a)(1), $218,500,000 shall be ITY.—During the first year in which bonuses serve Dental Insurance program as the Sec- available for purposes as follows: are offered under this section, the Secretary retary considers appropriate; and (1) Procurement of Predator MQ-1 air vehi- of the Army may not pay more than 1,000 re- (3) assess the effectiveness of mechanisms cles, initial spares, and RSP kits. ferral bonuses per component of the Army. for informing the members of the reserve (2) Procurement of Containerized Dual (h) DURATION OF AUTHORITY.—A bonus may components of the Armed Forces of the Control Station Launch and Recovery Ele- not be paid under subsection (a) with respect availability of, and benefits under, the Re- ments. to any referral that occurs after December serve Dental Insurance program. (3) Procurement of a Fixed Ground Control 31, 2007. (c) REPORT.—Not later than February 1, Station. SEC. 1504. INCREASE IN MAXIMUM AGE FOR EN- 2007, the Secretary shall submit to the con- (4) Procurement of other upgrades to Pred- LISTMENT. gressional defense committees a report on ator MQ–1 Ground Control Stations, spares, Section 505(a) of title 10, United States the study required by subsection (a). The re- and signals intelligence packages. Code, is amended by striking ‘‘thirty-five port shall include the findings of the study

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11158 CONGRESSIONAL RECORD — SENATE October 5, 2005 and such recommendations for legislative or on the operation of the pilot project, the suc- and the Moon—an area that is critical and of administrative action regarding the Reserve cess of the pilot project in carrying out the growing national and international security Dental Insurance program as the Secretary objectives of the establishment of a Civilian relevance; considers appropriate in light of the study. Linguist Reserve Corps, and recommenda- (4) human spaceflight provides unprece- (d) RESERVE DENTAL INSURANCE PROGRAM tions for the continuation or expansion of dented opportunities for the United States to DEFINED.—In this section, the term ‘‘Reserve the pilot project. lead peaceful and productive international Dental Insurance program’’ includes— (2) FINAL REPORT.—Not later than 6 months relationships with the world community in (1) the dental insurance plan required after the completion of the pilot project, the support of United States security and geo- under paragraph (1) of section 1076a(a) of Secretary shall submit to Congress a final political objectives; title 10, United States Code; and report summarizing the lessons learned, best (5) a growing number of nations are pur- (2) any dental insurance plan established practices, and recommendations for full im- suing human spaceflight and space-related under paragraph (2) or (4) of section 1076a(a) plementation of the Civilian Linguist Re- capabilities, including China and India; of title 10, United States Code. serve Corps. (6) past investments in human spaceflight On page 48, line 21, strike ‘‘$18,584,469,000’’ (f) AUTHORIZATION OF APPROPRIATIONS.— capabilities represent a national resource and insert ‘‘$18,581,369,000’’. There are authorized to be appropriated that can be built upon and leveraged for a At the appropriate place, insert the fol- $3,100,000 for fiscal year 2006 to carry out the broad range of purposes, including national lowing: pilot project under this section. and economic security; and SEC. ll. PILOT PROJECT FOR CIVILIAN LIN- (g) OFFSET.—The amounts authorized to be (7) the industrial base and capabilities rep- GUIST RESERVE CORPS. appropriated by section 301(4) are hereby re- resented by the Space Transportation Sys- (a) ESTABLISHMENT.—The Secretary of De- duced by $3,100,000 from operation and main- tem provide a critical dissimilar launch ca- fense (referred to in this section as the ‘‘Sec- tenance, Air Force. pability for the nation. retary’’), through the National Security At the end of subtitle B of title II, add the (b) SENSE OF THE SENATE.—It is the sense Education Program, shall conduct a 3-year following: of the Senate that it is in the national secu- pilot project to establish the Civilian Lin- SEC. 213. PROJECT SHERIFF. rity interest of the United States to main- guist Reserve Corps, which shall be com- (a) AVAILABILITY OF AMOUNT.—Of the tain uninterrupted preeminence in human posed of United States citizens with ad- amount authorized to be appropriated by spaceflight. vanced levels of proficiency in foreign lan- section 201(4) for research, development, test, At the end of title XIV of division A, add guages who would be available, upon request and evaluation for Defense-wide activities, the following: from the President, to perform any services the amount available for the Force Trans- SEC. 1411. TACTICAL WHEELED VEHICLES. or duties with respect to such foreign lan- formation Directorate is hereby increased by (a) ADDITIONAL AMOUNT FOR OTHER PRO- guages in the Federal Government as the $10,000,000, with the amount of the increase President may require. CUREMENT, ARMY.—The amount authorized to be available for Project Sheriff. to be appropriated by section 1403(a)(3) for (b) IMPLEMENTATION.—In establishing the (b) OFFSET.—Of the amount authorized to other procurement for the Army is hereby Civilian Linguist Reserve Corps, the Sec- be appropriated by section 301(4) is hereby increased by $360,800,000. retary, after reviewing the findings and rec- reduced by $10,000,000. (b) AVAILABILITY OF AMOUNT.—Of the ommendations contained in the report re- At the end of subtitle C of title III, add the amount authorized to be appropriated by quired under section 325 of the Intelligence following: Authorization Act for Fiscal Year 2003 (Pub- section 1403(a)(3) for other procurement for SEC. 330. REPORT ON AIRCRAFT TO PERFORM the Army, as increased by subsection (a)— lic Law 107–306; 116 Stat. 2393), shall— HIGH-ALTITUDE AVIATION TRAIN- (1) identify several foreign languages that ING SITE. (1) $360,800,000 may be made available for are critical for the national security of the Not later than December 15, 2005, the Sec- the procurement of armored Tactical United States and the relative priority of retary of the Army shall submit to the con- Wheeled Vehicles for units deployed in Iraq each such language; gressional defense committee a report con- and Afghanistan; or (2) identify United States citizens with ad- taining the following: (2) if the Secretary of the Army determines vanced levels of proficiency in those foreign (1) An evaluation of the type of aircraft that such amount is not needed for the pro- languages who would be available to perform available in the inventory of the Army that curement of armored Tactical Wheeled Vehi- the services and duties referred to in sub- is most suitable to perform the High-altitude cles for units deployed in Iraq and Afghani- section (a); Aviation Training Site (HAATS) Mission. stan— (3) cooperate with other Federal agencies (2) A determination of when such aircraft (A) up to $247,100,000 may be available for with national security responsibilities to im- may be available for assignment to the the procurement of armored Tactical plement a procedure for calling for the per- HAATS. Wheeled Vehicles to reconstitute Army formance of the services and duties referred At the end of subtitle B of title II, add the Prepositioned Stocks–5, including the pro- to in subsection (a); and following: curement of armored Light Tactical Vehicles (4) implement a call for the performance of SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- (LTVs), armored Medium Tactical Vehicles such services and duties. TIONS. (MTVs), and armored Heavy Tactical Vehi- (c) CONTRACT AUTHORITY.—In establishing (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- cles (HTVs) for purposes of equipping one the Civilian Linguist Reserve Corps, the Sec- VELOPMENT, TEST, AND EVALUATION, ARMY.— heavy brigade, one infantry brigade, and two retary may enter into contracts with appro- The amount authorized to be appropriated infantry battalions; and priate agencies or entities. by section 201(1) for Research, Development, (B) up to $113,700,000 may be available for (d) FEASIBILITY STUDY.—During the course Test, and Evaluation for the Army, is hereby the procurement of armored Tactical of the pilot project, the Secretary shall con- increased by $5,000,000. Wheeled Vehicles for the Joint Readiness duct a study of the best practices in imple- (b) AVAILABILITY OF AMOUNT.—Of the Training Center at Fort Polk, Louisiana, in- menting the Civilian Linguist Reserve Corps, amount authorized to be appropriated by cluding the procurement of armored Light including— section 201(1) for Research, Development, Tactical Vehicles, armored Medium Tactical (1) administrative structure; Test, and Evaluation for the Army, as in- Vehicles, and armored Heavy Tactical Vehi- (2) languages to be offered; creased by subsection (a), $5,000,000 may be cles for purposes of equipping one infantry (3) number of language specialists needed available for Medium Tactical Vehicle Modi- brigade combat team in order to permit such for each language; fications. vehicles to be used for the training and prep- (4) Federal agencies who may need lan- (c) OFFSET.—The amount authorized to be aration of troops, prior to deployment, on guage services; appropriated by section 301(4) for Operation the use of such vehicles. (5) compensation and other operating and Maintenance for the Air Force is hereby On page 286, between lines 7 and 8, insert costs; reduced by $5,000,000. the following: (6) certification standards and procedures; At the appropriate place, insert the fol- SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY (7) security clearances; lowing: OUT UNITED NATIONS RESOLU- (8) skill maintenance and training; and SEC. ll. SENSE OF THE SENATE REGARDING TIONS. (9) the use of private contractors to supply MANNED SPACE FLIGHT. (a) REQUIREMENT FOR ANNUAL REPORT.— language specialists. (a) FINDINGS.—The Congress finds that— The Secretary of Defense and the Secretary (e) REPORTS.— (1) human spaceflight preeminence allows of State shall submit to the congressional (1) EVALUATION REPORTS.— the United States to project leadership defense committees, the Committee on For- (A) IN GENERAL.—Not later than 1 year around the world and forms an important eign Relations of the Senate, and the Com- after the date of enactment of this Act, and component of United States national secu- mittee on International Relations of the annually thereafter until the expiration of rity; House of Representatives an annual report the 3-year period beginning on such date of (2) continued development of human that sets forth all direct and indirect costs enactment, the Secretary shall submit to spaceflight in low-Earth orbit, on the Moon, (including incremental costs) incurred by Congress an evaluation report on the pilot and beyond adds to the overall national stra- the Department of Defense during the pre- project conducted under this section. tegic posture; ceding year in implementing or supporting (B) CONTENTS.—Each report required under (3) human spaceflight enables continued any resolution adopted by the United Na- subparagraph (A) shall contain information stewardship of the region between the earth tions Security Council, including any such

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11159 resolution calling for international sanc- tion 112(c)(2) of the Internal Revenue Code of ‘‘(V) the number of orders received by tions, international peacekeeping oper- 1986, at the time of performance of the rel- small business concerns under multiple- ations, international peace enforcement op- evant Federal contract or subcontract.’’. award contracts; erations, monitoring missions, observer mis- On page 237, after line 17, insert the fol- ‘‘(VI) the value of orders received by small sions, or humanitarian missions undertaken lowing: business concerns under multiple-award con- by the Department of Defense. Each such re- SEC. 846. SMALL BUSINESS CONTRACTING IN tracts; port shall include an aggregate of all such OVERSEAS PROCUREMENTS. ‘‘(VII) the number of small business con- Department of Defense costs by operation or Section 15(g) of the Small Business Act (15 cerns that received orders under multiple- mission, the percentage of the United States U.S.C. 644(g)) is amended by adding at the award contracts; and contribution by operation or mission, and end the following: ‘‘(VIII) such other information as may be the total cost of each operation or mission. ‘‘(3) SMALL BUSINESS CONTRACTING IN OVER- relevant.’’. (b) COSTS FOR ASSISTING FOREIGN TROOPS.— SEAS PROCUREMENTS.— On page 218, strike line 1 and all that fol- The Secretary of Defense and the Secretary ‘‘(A) STATEMENT OF CONGRESSIONAL POL- lows through page 220, line 5, and insert the of State shall detail in each annual report ICY.—It is the policy of the Congress that following: required by this section all direct and indi- Federal agencies shall endeavor to meet the SEC. 814. RESEARCH AND DEVELOPMENT EF- rect costs (including incremental costs) in- contracting goals established under this sub- FORTS FOR PURPOSES OF SMALL curred in training, equipping, and otherwise section, regardless of the geographic area in BUSINESS RESEARCH. assisting, preparing, resourcing, and trans- which the contracts will be performed. (a) IN GENERAL.—Section 9 of the Small porting foreign troops for implementing or ‘‘(B) AUTHORIZATION TO USE CONTRACTING Business Act (15 U.S.C. 638) is amended by supporting any resolution adopted by the MECHANISMS.—Federal agencies are author- adding at the end the following: United Nations Security Council, including ized to use any of the contracting mecha- ‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.— any such resolution calling for international nisms authorized in this Act for the purpose ‘‘(1) REVISION AND UPDATE OF CRITERIA AND sanctions, international peacekeeping oper- of complying with the Congressional policy PROCEDURES OF IDENTIFICATION.—In carrying ations, international peace enforcement op- set forth in subparagraph (A). out subsection (g), the Secretary of Defense erations, monitoring missions, observer mis- ‘‘(C) REPORT TO CONGRESSIONAL COMMIT- shall, not less often than once every 4 years, sions, or humanitarian missions. TEES.—Not later than 1 year after the date of revise and update the criteria and procedures (c) CREDIT AND COMPENSATION.—The Sec- enactment of this paragraph, the Adminis- utilized to identify areas of the research and retary of Defense and the Secretary of State trator and the Chief Counsel for Advocacy development efforts of the Department of shall detail in each annual report required shall submit to the Committee on Small Defense which are suitable for the provision by this section all efforts made to seek cred- Business and Entrepreneurship of the Senate of funds under the Small Business Innova- it against past United Nations expenditures and Committee on Small Business of the tion Research Program and the Small Busi- and all efforts made to seek compensation House of Representatives a report on the ac- ness Technology Transfer Program. from the United Nations for costs incurred tivities undertaken by Federal agencies, of- ‘‘(2) UTILIZATION OF PLANS.—The criteria by the Department of Defense in imple- fices, and departments to carry out this and procedures described in paragraph (1) menting and supporting United Nations ac- paragraph.’’. shall be developed through the use of the tivities. On page 237, after line 17, insert the fol- most current versions of the following plans: (d) FORM OF REPORT.—Each annual report lowing: ‘‘(A) The joint warfighting science and required by this section shall be submitted technology plan required under section 270 of in unclassified form, but may include a clas- SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS. the National Defense Authorization Act for sified annex. On page 237, after line 17, insert the fol- Section 15(g) of the Small Business Act (15 Fiscal Year 1997 (10 U.S.C. 2501 note). lowing: U.S.C. 644(g)) is amended by adding at the ‘‘(B) The Defense Technology Area Plan of end the following: the Department of Defense. SEC. 846. EXCLUSION OF CERTAIN SECURITY EX- PENSES FROM CONSIDERATION FOR ‘‘(3) FAIR ACCESS TO MULTIPLE-AWARD CON- ‘‘(C) The Basic Research Plan of the De- PURPOSE OF SMALL BUSINESS SIZE TRACTS.— partment of Defense. STANDARDS. ‘‘(A) STATEMENT OF CONGRESSIONAL POL- ‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF Section 3(a) of the Small Business Act (15 ICY.—It is the policy of the Congress that EFFORT.—The criteria and procedures de- U.S.C. 632(a)), is amended by adding at the Federal agencies shall endeavor to meet the scribed in paragraph (1) shall include input end the following: contracting goals established under this sub- in the identification of areas of research and ‘‘(4) EXCLUSION OF CERTAIN SECURITY EX- section with regard to orders under multiple- development efforts described in that para- PENSES FROM CONSIDERATION FOR PURPOSE OF award contracts, including Federal Supply graph from Department of Defense program SMALL BUSINESS SIZE STANDARDS.— Schedule contracts and multi-agency con- managers (PMs) and program executive offi- ‘‘(A) DETERMINATION REQUIRED.—Not later tracts. cers (PEOs). than 30 days after the date of enactment of ‘‘(B) AUTHORIZATION FOR LIMITED COMPETI- ‘‘(y) COMMERCIALIZATION PILOT PROGRAM.— this paragraph, the Administrator shall re- TION.—The head of a contracting agency may ‘‘(1) IN GENERAL.—The Secretary of Defense view the application of size standards estab- include in any contract entered under sec- and the Secretary of each military depart- lished pursuant to paragraph (2) to small tion 2304a(d)(1)(B) or 2304b(e) of title 10, ment is authorized to create and administer business concerns that are performing con- United States Code, a clause setting aside a a ‘Commercialization Pilot Program’ to ac- tracts in qualified areas and determine specific share of awards under such contract celerate the transition of technologies, prod- whether it would be fair and appropriate to pursuant to a competition that is limited to ucts, and services developed under the Small exclude from consideration in the average small business concerns, if the head of the Business Innovation Research Program to annual gross receipts of such small business contracting agency determines that such Phase III, including the acquisition process. concerns any payments made to such small limitation is necessary to comply with the ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS business concerns by Federal agencies to re- congressional policy stated in subparagraph FOR ACCELERATED TRANSITION TO ACQUISITION imburse such small business concerns for the (A). PROCESS.—In carrying out the Commer- cost of subcontracts entered for the sole pur- ‘‘(C) REPORT REQUIREMENT.— cialization Pilot Program, the Secretary of pose of providing security services in a quali- ‘‘(i) IN GENERAL.—Not later than 180 days Defense and the Secretary of each military fied area. after the date of enactment of this para- department shall identify research programs ‘‘(B) ACTION REQUIRED.—Not later than 60 graph, the Administrator shall submit a re- of the Small Business Innovation Research days after the date of enactment of this port on the level of participation of small Program that have the potential for rapid paragraph, the Administrator shall either— business concerns in multiple-award con- transitioning to Phase III and into the acqui- ‘‘(i) initiate an adjustment to the size tracts, including Federal Supply Schedule sition process. standards, as described in subparagraph (A), contracts, to the Committee on Small Busi- ‘‘(3) LIMITATION.—No research program if the Administrator determines that such an ness and Entrepreneurship of the Senate and may be identified under paragraph (2), unless adjustment would be fair and appropriate; or the Committee on Small Business of the the Secretary of the military department ‘‘(ii) provide a report to the Committee on House of Representatives. concerned certifies in writing that the suc- Small Business and Entrepreneurship of the ‘‘(ii) CONTENTS.—The report required by cessful transition of the program to Phase Senate and the Committee on Small Busi- clause (i) shall include, for the most recent 2- III and into the acquisition process is ex- ness of the House of Representatives explain- year period for which data are available— pected to meet high priority military re- ing in detail the basis for the determination ‘‘(I) the total number of multiple-award quirements of such military department. by the Administrator that such an adjust- contracts; ‘‘(4) FUNDING.—For payment of expenses in- ment would not be fair and appropriate. ‘‘(II) the total number of small business curred to administer the Commercialization ‘‘(C) QUALIFIED AREAS.—In this paragraph, concerns that received multiple-award con- Pilot Program under this subsection, the the term ‘qualified area’ means— tracts; Secretary of Defense and each Secretary of a ‘‘(i) Iraq, ‘‘(III) the total number of orders under military department is authorized to use not ‘‘(ii) Afghanistan, and multiple-award contracts; more than an amount equal to 1 percent of ‘‘(iii) any foreign country which included a ‘‘(IV) the total value of orders under mul- the funds available to the Department of De- combat zone, as that term is defined in sec- tiple-award contracts; fense or the military department pursuant to

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11160 CONGRESSIONAL RECORD — SENATE October 5, 2005 the Small Business Innovation Research Pro- SEC. 846. DISASTER RELIEF FOR SMALL BUSI- (C) the status of the efforts of the Sec- gram. Such funds— NESS CONCERNS DAMAGED BY retary of Defense to develop and implement ‘‘(A) shall not be subject to the limitations DROUGHT. a strategy to educate the small business on the use of funds in subsection (f)(2); and (a) DROUGHT DISASTER AUTHORITY.— community, as required by subsection (a)(2). ‘‘(B) shall not be used to make Phase III (1) DEFINITION OF DISASTER.—Section 3(k) At the end of subtitle E of title VI, add the awards. of the Small Business Act (15 U.S.C. 632(k)) is following: amended— ‘‘(5) EVALUATIVE REPORT.—At the end of SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and each fiscal year, the Secretary of Defense HOUSING AND URBAN DEVELOP- (B) by adding at the end the following: and each Secretary of a military department MENT ACT OF 1968. ‘‘(2) For purposes of section 7(b)(2), the shall submit to the Committee on Armed (a) IN GENERAL.—Section 106(c)(5)(A)(ii) of term ‘disaster’ includes— the Housing and Urban Development Act of Services and the Committee on Small Busi- ‘‘(A) drought; and ness and Entrepreneurship of the Senate and 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) is amended— ‘‘(B) below average water levels in the (1) in subclause (II), by striking ‘‘; and’’ the Committee on Armed Services and the Great Lakes, or on any body of water in the Committee on Small Business of the House and inserting a semicolon; United States that supports commerce by (2) in subclause (III), by striking the period of Representatives an evaluative report re- small business concerns.’’. garding activities under the Commercializa- and inserting ‘‘; and’’; and (2) DROUGHT DISASTER RELIEF AUTHORITY.— (3) by adding at the end the following: tion Pilot Program. The report shall in- Section 7(b)(2) of the Small Business Act (15 clude— ‘‘(IV) notify the homeowner by a state- U.S.C. 636(b)(2)) is amended— ment or notice, written in plain English by ‘‘(A) an accounting of the funds used in the (A) by inserting ‘‘(including drought), with the Secretary of Housing and Urban Develop- Commercialization Pilot Program; respect to both farm-related and nonfarm-re- ment, in consultation with the Secretary of ‘‘(B) a detailed description of the Commer- lated small business concerns,’’ before ‘‘if Defense and the Secretary of the Treasury, cialization Pilot Program, including incen- the Administration’’; and explaining the mortgage and foreclosure tives and activities undertaken by acquisi- (B) in subparagraph (B), by striking ‘‘the rights of servicemembers, and the depend- tion program managers, program executive Consolidated Farmers Home Administration ents of such servicemembers, under the officers, and by prime contractors; and Act of 1961 (7 U.S.C. 1961)’’ and inserting the Servicemembers Civil Relief Act (50 U.S.C. ‘‘(C) a detailed compilation of results following: ‘‘section 321 of the Consolidated App. 501 et seq.), including the toll-free mili- achieved by the Commercialization Pilot Farm and Rural Development Act (7 U.S.C. tary one source number to call if Program, including the number of small 1961), in which case, assistance under this servicemembers, or the dependents of such business concerns assisted and a number of paragraph may be provided to farm-related servicemembers, require further assist- inventions commercialized. and nonfarm-related small business con- ance.’’. ‘‘(6) SUNSET.—The pilot program under this cerns, subject to the other applicable re- (b) NO EFFECT ON OTHER LAWS.—Nothing in subsection shall terminate at the end of fis- quirements of this paragraph’’. this section shall relieve any person of any cal year 2009.’’. (b) LIMITATION ON LOANS.—From funds oth- obligation imposed by any other Federal, erwise appropriated for loans under section (b) IMPLEMENTATION OF EXECUTIVE ORDER State, or local law. 7(b) of the Small Business Act (15 U.S.C. 13329.—Section 9 of the Small Business Act (c) DISCLOSURE FORM.—Not later than 150 636(b)), not more than $9,000,000 may be used (15 U.S.C. 638) is amended— days after the date of enactment of this Act, during each of fiscal years 2005 through 2008, the Secretary of Housing and Urban Develop- (1) in subsection (b)— to provide drought disaster loans to non- (A) in paragraph (6), by striking ‘‘and’’ at ment shall issue a final disclosure form to farm-related small business concerns in ac- fulfill the requirement of section the end; cordance with this section and the amend- (B) in paragraph (7), by striking the period 106(c)(5)(A)(ii)(IV) of the Housing and Urban ments made by this section. Development Act of 1968 (12 U.S.C. at the end and inserting ‘‘; and’’; and (c) PROMPT RESPONSE TO DISASTER RE- 1701x(c)(5)(A)(ii)). (C) by adding at the end the following: QUESTS.—Section 7(b)(2)(D) of the Small (d) EFFECTIVE DATE.—The amendments ‘‘(8) to provide for and fully implement the Business Act (15 U.S.C. 636(b)(2)(D)) is made under subsection (a) shall take effect tenets of Executive Order 13329 (Encouraging amended by striking ‘‘Upon receipt of such 150 days after the date of enactment of this Innovation in Manufacturing).’’; certification, the Administration may’’ and Act. inserting ‘‘Not later than 30 days after the (2) in subsection (g)— At the end of subtitle B of title I, add the date of receipt of such certification by a (A) in paragraph (9), by striking ‘‘and’’ at following: the end; Governor of a State, the Administration shall respond in writing to that Governor on SEC. 114. SECOND SOURCE FOR PRODUCTION (B) in paragraph (10), by striking the pe- AND SUPPLY OF TIRES FOR THE riod at the end and inserting ‘‘; and’’; and its determination and the reasons therefore, STRYKER COMBAT VEHICLE. and may’’. (C) by adding at the end the following: (a) REQUIREMENT.—The Secretary of the (d) RULEMAKING.—Not later than 45 days ‘‘(11) provide for and fully implement the Army shall conduct a study of the feasibility after the date of enactment of this Act, the tenets of Executive Order 13329 (Encouraging and costs and benefits for the participation Administrator of the Small Business Admin- Innovation in Manufacturing).’’; and of a second source for the production and (3) in subsection (o)— istration shall promulgate final rules to carry out this section and the amendments supply of tires for the Stryker combat vehi- (A) in paragraph (14), by striking ‘‘and’’ at cle to be procured by the Army with funds the end; made by this section. On page 237, after line 17, insert the fol- authorized to be appropriated in this Act. (B) in paragraph (15), by striking the pe- lowing: (b) REPORT.—Not later than 90 days after riod at the end and inserting ‘‘; and’’; and the date of enactment of this Act, the Sec- (C) by adding at the end the following: SEC. 846. RADIO FREQUENCY IDENTIFIER TECH- NOLOGY. retary shall submit to the congressional de- ‘‘(16) provide for and fully implement the (a) SMALL BUSINESS STRATEGY.—As part of fense committees a report on the results of tenets of Executive Order 13329 (Encouraging implementing its requirement that contrac- the study under subsection (a). The report Innovation in Manufacturing).’’. tors use radio frequency identifier tech- shall include— (c) TESTING AND EVALUATION AUTHORITY.— nology, the Secretary of Defense shall de- (1) an analysis of the capacity of the indus- Section 9(e) of the Small Business Act (15 velop and implement a strategy to educate trial base in the United States to meet re- U.S.C. 638(e)) is amended— the small business community regarding quirements for a second source for the pro- (1) in paragraph (7), by striking ‘‘and’’ at radio frequency identifier technology reduction and supply of tires for the Stryker the end; quirements, compliance, standards, and op- combat vehicle; and (2) in paragraph (8), by striking the period portunities. (2) to the extent that the capacity of the at the end and inserting ‘‘; and’’; and (b) REPORTING.—Not later than 180 days industrial base in the United States is not (3) by adding at the end the following: after the date of enactment of this Act, the adequate to meet such requirements, rec- ‘‘(9) the term ‘commercial applications’ Secretary of Defense shall submit a report to ommendations on means, over the short- shall not be construed to exclude testing and the Committee on Small Business and Entre- term and the long-term, to address that in- evaluation of products, services, or tech- preneurship and the Committee on Armed adequacy. At the appropriate place in title VIII, in- nologies for use in technical or weapons sys- Services of the Senate and the Committee on sert the following: tems, and further, awards for testing and Small Business and the Committee on Armed Services of the House of Representatives de- evaluation of products, services, or tech- SEC. ll. ENSURING TRANSPARENCY IN FED- tailing the status of the efforts by the Sec- ERAL CONTRACTING. nologies for use in technical or weapons sys- retary of Defense to establish requirements (a) PUBLICATION OF INFORMATION ON FED- tems may be made in either the second or for radio frequency identifier technology ERAL CONTRACTOR PENALTIES AND VIOLA- the third phase of the Small Business Inno- used in Department of Defense contracting, TIONS.—(1) The Secretary of Defense shall vation Research Program and of the Small including— maintain a publicly-available website that Business Technology Transfer Program, as (A) standardization of the data required to provides information on instances in which defined in this subsection.’’. be reported by such technology; and major contractors have been fined, paid pen- On page 237, after line 17, insert the fol- (B) standardization of the manufacturing alties or restitution, settled, plead guilty to, lowing: quality required for such technology. or had judgments entered against them in

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11161 connection with allegations of improper con- that will significantly reduce the scope of ‘‘§ 3557. Expedited action in protests for Pub- duct. The website shall be updated not less such a program, of the proposed cancellation lic-Private competitions than once a year. or change. (2) For the purpose of this subsection, a (b) CONTENT.—Each notification submitted ‘‘For protests in cases of public-private major contractor is a contractor that re- under subsection (a) with respect to the pro- competitions conducted under Office of Man- ceives at least $100,000,000 in Federal con- posed cancellation or change shall include— agement and Budget Circular A–76 regarding tracts in the most recent fiscal year for (1) the specific justification for the pro- performance of an activity or function of which data are available. posed change; Federal agencies, the Comptroller General (b) REPORT ON FEDERAL SOLE SOURCE CON- (2) a description of the impact of the pro- shall administer the provisions of this sub- TRACTS RELATED TO IRAQ RECONSTRUCTION.— posed change on the Department’s ability to chapter in a manner best suited for expe- (1) REPORT REQUIRED.—Not later than 120 achieve the objectives of the program that diting final resolution of such protests and days after the date of the enactment of this has been cancelled or changed; final action in such competitions.’’. Act, the Administrator for Federal Procure- (3) a description of the steps that the De- (B) The chapter analysis at the beginning ment Policy shall submit to Congress a re- partment plans to take to achieve such ob- of such chapter is amended by inserting after port on all sole source contracts in excess of jectives; and the item relating to section 3556 the fol- $2,000,000 entered into by executive agencies (4) other information relevant to the lowing new item: change in acquisition strategy. in connection with Iraq reconstruction from ‘‘3557. Expedited action in protests for pub- (c) DEFINITIONS.—In this section: January 1, 2003, through the date of the en- lic-private competitions.’’. actment of this Act. (1) The term ‘‘major automated informa- (2) CONTENT.—The report submitted under tion system’’ has the meaning given that (b) RIGHT TO INTERVENE IN CIVIL ACTION.— paragraph (1) shall include the following in- term in Department of Defense Directive Section 1491(b) of title 28, United States formation with respect to each such con- 5000. Code, is amended by adding at the end the tract: (2) The term ‘‘approved to be fielded’’ following new paragraph: (A) The date the contract was awarded. means having received Milestone C approval. ‘‘(5) If a private sector interested party (B) The contract number. At the end of subtitle C of title III, add the commences an action described in paragraph following: (C) The name of the contractor. (1) in the case of a public-private competi- (D) The amount awarded. SEC. 330. PROVISION OF DEPARTMENT OF DE- tion conducted under Office of Management FENSE SUPPORT FOR CERTAIN (E) A brief description of the work to be and Budget Circular A–76 regarding perform- PARALYMPIC SPORTING EVENTS. ance of an activity or function of a Federal performed under the contract. Section 2564 of title 10, United States Code, agency, then an official or person described (3) EXECUTIVE AGENCY DEFINED.—In this is amended— subsection, the term ‘‘executive agency’’ has (1) in subsection (c) by adding at the end in section 3551(2)(B) of title 31 shall be enti- the meaning given such term in section 4 of the following new paragraphs: tled to intervene in that action.’’. the Office of Federal Procurement Policy ‘‘(4) A sporting event sanctions by the (c) APPLICABILITY.—Subparagraph (B) of Act (41 U.S.C. 403). United States Olympic Committee through section 3551(2) of title 31, United States Code At the end of subtitle A of title VIII, add the Paralympic Military Program. (as added by subsection (a)), and paragraph the following: ‘‘(5) A national or international (5) of section 1491(b) of title 28, United States SEC. 807. GUIDANCE ON USE OF TIERED EVALUA- Paralympic sporting event (other than one Code (as added by subsection (b)), shall apply TION OF OFFERS FOR CONTRACTS covered by paragraph (3) or (4)) which is— to— AND TASK ORDERS UNDER CON- ‘‘(A) held in the United States or any of its (1) protests and civil actions that challenge TRACTS. territories or commonwealths; final selections of sources of performance of (a) GUIDANCE REQUIRED.—The Secretary of ‘‘(B) governed by the International an activity or function of a Federal agency Defense shall prescribe guidance for the mili- Paralympic Committee; that are made pursuant to studies initiated tary departments and the Defense Agencies ‘‘(C) sanctioned by the United States under Office of Management and Budget Cir- on the use of tiered evaluations of offers or Olympic Committee; and cular A–76 on or after January 1, 2004; and ‘‘(D) for which participation exceeds 100 proposals of offerors for contracts and for (2) any other protests and civil actions amateur athletes.’’; and task orders under contracts. that relate to public-private competitions (b) ELEMENTS.—The guidance prescribed (2) in subsection (d)— (A) by inserting ‘‘(1)’’ before ‘‘The Sec- initiated under Office of Management and under subsection (a) shall include a prohibi- Budget Circular A–76 on or after the date of tion on the initiation by a contracting offi- retary’’; and (B) by adding at the end the following new the enactment of this Act. cer of a tiered evaluation of an offer or pro- paragraph: On page 213, between lines 2 and 3, insert posal of an offeror for a contract or for a ‘‘(2) Not more than $1,000,000 may be ex- the following: task or delivery order under a contract un- pended in any fiscal year to provide support SEC. 807. PUBLIC-PRIVATE COMPETITION FOR less the contracting officer— for events specified under paragraph (5) of (1) has conducted market research in ac- WORK PERFORMED BY CIVILIAN EM- subsection (c).’’. PLOYEES OF THE DEPARTMENT OF cordance with part 10 of the Federal Acquisi- On page 292, between lines 15 and 16, insert DEFENSE. tion Regulation in order to determine wheth- the following: (a) LIMITATION.—Section 2461(b) of title 10, er or not a sufficient number of qualified SEC. 1106. BID PROTESTS BY FEDERAL EMPLOY- small businesses are available to justify lim- United States Code, is amended by adding at EES IN ACTIONS UNDER OFFICE OF the end the following new paragraph: iting competition for the award of such con- MANAGEMENT AND BUDGET CIR- tract or task or delivery order under applica- CULAR A–76. ‘‘(5)(A) Notwithstanding subsection (d), a ble law and regulations; (a) ELIGIBILITY TO PROTEST.—(1) Section function of the Department of Defense per- (2) is unable, after conducting market re- 3551(2) of title 31, United States Code, is formed by 10 or more civilian employees may search under paragraph (1), to make the de- amended to read as follows: not be converted, in whole or in part, to per- termination described in that paragraph; and ‘‘(2) The term ‘interested party’— formance by a contractor unless the conver- (3) includes in the contract file a written ‘‘(A) with respect to a contract or a solici- sion is based on the results of a public-pri- explanation why such contracting officer tation or other request for offers described in vate competition process that— was unable to make such determination. paragraph (1), means an actual or prospec- ‘‘(i) formally compares the cost of civilian On page 52, between lines 5 and 6, insert tive bidder or offeror whose direct economic employee performance of that function with the following: interest would be affected by the award of the costs of performance by a contractor; SEC. 304. NAVY HUMAN RESOURCES BENEFIT the contract or by failure to award the con- ‘‘(ii) creates an agency tender, including a CALL CENTER. tract; and most efficient organization plan, in accord- Of the amount authorized to be appro- ‘‘(B) with respect to a public-private com- ance with Office of Management and Budget priated by section 301(2) for operation and petition conducted under Office of Manage- Circular A–76, as implemented on May 29, maintenance for the Navy, $1,500,000 may be ment and Budget Circular A–76 regarding 2003; and available for civilian manpower and per- performance of an activity or function of a ‘‘(iii) requires continued performance of sonnel for a human resources benefit call Federal agency, includes— the function by civilian employees unless center. ‘‘(i) any official who submitted the agency the competitive sourcing official concerned On page 213, between lines 2 and 3, insert tender in such competition; and determines that, over all performance peri- the following: ‘‘(ii) any one person who, for the purpose of ods stated in the solicitation of offers for SEC. 807. CONGRESSIONAL NOTIFICATION OF representing them in a protest under this performance of the activity or function, the CANCELLATION OF MAJOR AUTO- subchapter that relates to such competition, cost of performance of the activity or func- MATED INFORMATION SYSTEMS. has been designated as their agent by a mation by a contractor would be less costly to (a) REPORT REQUIRED.—The Secretary of jority of the employees of such Federal agen- the Department of Defense by an amount Defense shall notify the congressional de- cy who are engaged in the performance of that equals or exceeds the lesser of $10,000,000 fense committees not less than 60 days be- such activity or function.’’. or 10 percent of the most efficient organiza- fore cancelling a major automated informa- (2)(A) Subchapter V of chapter 35 of such tion’s personnel-related costs for perform- tion system program that has been fielded or title is amended by adding at the end the fol- ance of that activity or function by Federal approved to be fielded, or making a change lowing new section: employees.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11162 CONGRESSIONAL RECORD — SENATE October 5, 2005 ‘‘(B) Any function that is performed by ci- mences, the performance by Federal Govern- Act, the Secretary of Defense shall submit to vilian employees of the Department of De- ment employees of work pursuant to sub- the congressional defense committees a re- fense and is proposed to be reengineered, re- section (a) commences, or the scope of an export on the use of ground source heat pumps organized, modernized, upgraded, expanded, isting activity performed by Federal Govern- at Department of Defense facilities. or changed in order to become more efficient ment employees is expanded. Office of Man- (b) CONTENT.—The report required under shall not be considered a new requirement agement and Budget Circular A–76 shall be subsection (a) shall include— for the purpose of the competition require- revised to ensure that the heads of all Fed- (1) a description of the types of Depart- ments in subparagraph (A) or the require- eral agencies give fair consideration to the ment of Defense facilities that use ground ments for public-private competition in Of- performance of new requirements by Federal source heat pumps; fice of Management and Budget Circular A– Government employees. (2) an assessment of the applicability and 76. (2) CONSIDERATION OF FEDERAL GOVERNMENT cost-effectiveness of the use of ground source ‘‘(C) A function performed by more than 10 EMPLOYEES.—The Secretary of Defense shall, heat pumps at Department of Defense facili- Federal Government employees may not be to the maximum extent practicable, ensure ties in different geographic regions of the separated into separate functions for the that Federal Government employees are fair- United States; purposes of avoiding the competition rely considered for the performance of new re- (3) a description of the relative applica- quirement in subparagraph (A) or the requirements, with special consideration given bility of ground source heat pumps for pur- quirements for public-private competition in to new requirements that include functions poses of new construction at, and retro- Office of Management and Budget Circular that— fitting of, Department of Defense facilities; A–76. (A) are similar to functions that have been and ‘‘(D) The Secretary of Defense may waive performed by Federal Government employ- (4) recommendations for facilitating and the requirement for a public-private com- ees at any time on or after October 1, 1980; or encouraging the increased use of ground petition under subparagraph (A) in specific (B) are associated with the performance of source heat pumps at Department of Defense instances if— inherently governmental functions. facilities. ‘‘(i) the written waiver is prepared by the (c) USE OF FLEXIBLE HIRING AUTHORITY.— Secretary of Defense or the relevant Assist- The Secretary shall include the use of the SA 2050. Mr. SCHUMER submitted an ant Secretary of Defense, Secretary of a flexible hiring authority available through amendment intended to be proposed to military department, or head of a Defense the National Security Personnel System in amendment SA 1955 proposed by Mr. Agency; order to facilitate performance by Federal WARNER (for himself and Mr. LEVIN) to ‘‘(ii) the written waiver is accompanied by Government employees of new requirements the bill H.R. 2863, making appropria- a detailed determination that national secu- and work that is performed under Depart- rity interests preclude compliance with the ment of Defense contracts. tions for the Department of Defense for requirement for a public-private competi- (d) INSPECTOR GENERAL REPORT.—Not later the fiscal year ending September 30, tion; and than 180 days after the enactment of this 2006, and for other purposes; which was ‘‘(iii) a copy of the waiver is published in Act, the Inspector General of the Depart- ordered to lie on the table; as follows: the Federal Register within 10 working days ment of Defense shall submit to the Commit- At the end of subtitle B of title XXXI of di- after the date on which the waiver is grant- tees on Armed Services of the Senate and the vision C, insert the following: ed, although use of the waiver need not be House of Representatives a report on the SEC. 31ll. MEDICAL ISOTOPE PRODUCTION. delayed until its publication.’’. compliance of the Secretary of Defense with Section 134 of the Atomic Energy Act of (b) INAPPLICABILITY TO BEST-VALUE SOURCE the requirements of this section. 1954 (42 U.S.C. 2160d) (as amended by section SELECTION PILOT PROGRAM.—Paragraph (5) of EFINITIONS.—In this section: (e) D 630 of the Energy Policy Act of 2005 (Public section 2461(b) of title 10, United States (1) The term ‘‘National Security Personnel Law 109–58; 119 Stat. 594)) is amended— Code, as added by subsection (a), shall not System’’ means the human resources man- (1) in subsection a., by striking ‘‘Except as apply with respect to the pilot program for agement system established under the au- provided in subsection b., the Commission’’ best-value source selection for performance thority of section 9902 of title 5, United and inserting ‘‘The Commission’’; of information technology services author- States Code. (2) by striking subsection b.; and ized by section 336 of the National Defense (2) The term ‘‘inherently governmental (3) by redesignating subsection c. as sub- Authorization Act for Fiscal Year 2004 (Pub- function’’ has the meaning given that term section b. lic Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 in section 5 of the Federal Activities Inven- note). tory Reform Act of 1998 (Public Law 105–270; SA 2051. Mrs. CLINTON (for herself, (c) REPEAL OF SUPERSEDED LAW.—Section 112 Stat. 2384; 31 U.S.C. 501 note). 327 of the Ronald W. Reagan National De- At the end of subtitle A of title VIII, add Ms. MIKULSKI, Mr. LAUTENBERG, Mr. fense Authorization Act for Fiscal Year 2005 the following: HARKIN, Mr. JEFFORDS, Mr. REED, Mr. (Public Law 108–375; 10 U.S.C. 2461 note) is re- SEC. 807. CONTRACTING FOR PROCUREMENT OF SALAZAR, Mr. OBAMA, Mrs. BOXER, Ms. pealed. CERTAIN SUPPLIES AND SERVICES. STABENOW, Mr. CORZINE, Mr. SCHUMER, SEC. 808. PERFORMANCE OF CERTAIN WORK BY (a) MODIFICATION OF LIMITATION ON CONVER- Mr. DURBIN, Mrs. FEINSTEIN, Mr. FEIN- FEDERAL GOVERNMENT EMPLOY- SION TO CONTRACTOR PERFORMANCE.—Section GOLD, Mr. CARPER, Mr. JOHNSON, and EES. 8014(a)(3) of the Department of Defense Ap- (a) GUIDELINES.— Mr. LEAHY) submitted an amendment propriations Act, 2005 (Public law 108–287; 118 intended to be proposed by her to the (1) IN GENERAL.—The Secretary of Defense Stat. 972) is amended— shall prescribe guidelines and procedures for (1) in subparagraph (A), by inserting ‘‘, bill S. 1042, to authorize appropriations ensuring that consideration is given to using payment that could be used in lieu of such a for fiscal year 2006 for military activi- Federal Government employees on a regular plan, health savings account, or medical sav- ties of the Department of Defense, for basis for work that is performed under De- ings account’’ after ‘‘health insurance plan’’; military construction, and for defense partment of Defense contracts and could be and activities of the Department of Energy, performed by Federal Government employ- (2) in subparagraph (B), by striking ‘‘that ees. to prescribe personnel strengths for requires’’ and all that follows through the such fiscal year for the Armed Forces, (2) CRITERIA.—The guidelines and proce- end and inserting ‘‘that does not comply dures prescribed under paragraph (1) shall with the requirements of any Federal law and for other purposes; which was or- provide for special consideration to be given governing the provision of health care bene- dered to lie on the table; as follows: to contracts that— fits by Government contractors that would At the appropriate place, insert the fol- (A) have been performed by Federal Gov- be applicable if the contractor performed the lowing: ernment employees at any time on or after activity or function under the contract.’’. TITLE ll—KATRINA COMMISSION October 1, 1980; At the appropriate place in title V, insert SEC. ll01. ESTABLISHMENT OF COMMISSION. (B) are associated with the performance of the following: inherently governmental functions; There is established in the legislative SEC. ll. PARTICIPATION OF MEMBERS OF THE branch the Katrina Commission (in this title (C) were not awarded on a competitive ARMED FORCES IN THE basis; or PARALYMPIC GAMES. referred to as the ‘‘Commission’’). (D) have been determined by a contracting Section 717(a)(1) of title 10, United States SEC. ll02. COMPOSITION OF COMMISSION. officer to be poorly performed due to exces- Code, is amended by striking ‘‘and Olympic (a) MEMBERS.—The Commission shall be sive costs or inferior quality. Games’’ and inserting ‘‘, Olympic Games, composed of 10 members, of whom— (b) NEW REQUIREMENTS.— and Paralympic Games,’’. (1) 1 member shall be appointed by the (1) LIMITATION ON REQUIRING PUBLIC-PRI- On page 371, between lines 8 and 9, insert President, who shall serve as chairman of VATE COMPETITION.—No public-private com- the following: the Commission; petition may be required under Office of SEC. 2887. REPORT ON USE OF GROUND SOURCE (2) 1 member shall be appointed by the Management and Budget Circular A–76 or HEAT PUMPS AT DEPARTMENT OF leader of the Senate (majority or minority any other provision of law or regulation be- DEFENSE FACILITIES. leader, as the case may be) of the Demo- fore the performance of a new requirement (a) REPORT REQUIRED.—Not later than 180 cratic Party, in consultation with the leader by Federal Government employees com- days after the date of the enactment of this of the House of Representatives (majority or

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(3) 2 members shall be appointed by the and Congress on its findings, conclusions, (2) SUBPOENAS.— senior member of the Senate leadership of and recommendations for immediate correc- (A) ISSUANCE.— the Democratic Party; tive measures that can be taken to prevent (i) IN GENERAL.—A subpoena may be issued (4) 2 members shall be appointed by the problems with Federal response that oc- under this subsection only— senior member of the leadership of the House curred in the preparation for, and in the (I) by the agreement of the chairman and of Representatives of the Republican Party; aftermath of, Hurricane Katrina so that fu- the vice chairman; or (5) 2 members shall be appointed by the ture cataclysmic events are responded to (II) by the affirmative vote of 6 members of senior member of the Senate leadership of adequately. the Commission. the Republican Party; and SEC. ll04. FUNCTIONS OF COMMISSION. (ii) SIGNATURE.—Subject to clause (i), sub- (6) 2 members shall be appointed by the (a) IN GENERAL.—The functions of the Com- poenas issued under this subsection may be senior member of the leadership of the House mission are to— issued under the signature of the chairman of Representatives of the Democratic Party. (1) conduct an investigation that— or any member designated by a majority of (b) QUALIFICATIONS; INITIAL MEETING.— (A) investigates relevant facts and cir- the Commission, and may be served by any (1) POLITICAL PARTY AFFILIATION.—Not cumstances relating to the catastrophic im- person designated by the chairman or by a more than 5 members of the Commission pacts that Hurricane Katrina exacted upon member designated by a majority of the shall be from the same political party. the Gulf Region of the United States espe- Commission. (2) NONGOVERNMENTAL APPOINTEES.—An in- cially in New Orleans and surrounding par- (B) ENFORCEMENT.— dividual appointed to the Commission may ishes, and impacted areas of Mississippi and (i) IN GENERAL.—In the case of contumacy not be an officer or employee of the Federal Alabama; and or failure to obey a subpoena issued under Government or any State or local govern- (B) shall include relevant facts and cir- subsection (a), the United States district ment. cumstances relating to— court for the judicial district in which the (3) OTHER QUALIFICATIONS.—It is the sense (i) Federal emergency response planning subpoenaed person resides, is served, or may be found, or where the subpoena is return- of Congress that individuals appointed to the and execution at the Federal Emergency able, may issue an order requiring such per- Commission should be prominent United Management Agency, the Department of son to appear at any designated place to tes- States citizens who represent a diverse range Homeland Security, the White House, and all tify or to produce documentary or other evi- of citizens and enjoy national recognition other Federal entities with responsibility for dence. Any failure to obey the order of the and significant depth of experience in such assisting during, and responding to, natural court may be punished by the court as a con- professions as governmental service, emer- disasters; tempt of that court. gency preparedness, mitigation planning, (ii) military and law enforcement response (ii) ADDITIONAL ENFORCEMENT.—In the case cataclysmic planning and response, intergov- planning and execution; of any failure of any witness to comply with ernmental management, resource planning, (iii) Federal mitigation plans, programs, any subpoena or to testify when summoned recovery operations and planning, Federal and policies including prior assessments of under authority of this section, the Commis- coordination, military coordination, and existing vulnerabilities and exercises de- sion may, by majority vote, certify a state- other extensive natural disaster and emer- signed to test those vulnerabilities; ment of fact constituting such failure to the gency response experience. (iv) Federal, State, and local communica- appropriate United States attorney, who (4) DEADLINE FOR APPOINTMENT.—All mem- tion interoperability successes and failures; may bring the matter before the grand jury bers of the Commission shall be appointed on (v) past, present, and future Federal budg- for its action, under the same statutory au- or before October 1, 2005. etary provisions for preparedness, mitiga- thority and procedures as if the United (5) INITIAL MEETING.—The Commission tion, response, and recovery; States attorney had received a certification shall meet and begin the operations of the (vi) the Federal Emergency Management under sections 102 through 104 of the Revised Commission as soon as practicable. Agency’s response capabilities as an inde- Statutes of the United States (2 U.S.C. 192 (c) QUORUM; VACANCIES.—After its initial pendent agency and as part of the Depart- through 194). meeting, the Commission shall meet upon ment of Homeland Security; the call of the chairman or a majority of its (b) CONTRACTING.—The Commission may, (vii) the role of congressional oversight to such extent and in such amounts as are members. Six members of the Commission and resource allocation; provided in appropriation Acts, enter into shall constitute a quorum. Any vacancy in (viii) other areas of the public and private contracts to enable the Commission to dis- the Commission shall not affect its powers, sectors determined relevant by the Commis- charge its duties under this title. but shall be filled in the same manner in sion for its inquiry; and (c) INFORMATION FROM FEDERAL AGEN- which the original appointment was made. (ix) long-term needs for people impacted by CIES.— SEC. ll03. DUTIES. Hurricane Katrina and other forms of Fed- (1) IN GENERAL.—The Commission is au- The duties of the Commission are to— eral assistance necessary for large-scale re- thorized to secure directly from any execu- (1) examine and report upon the Federal, covery; tive department, bureau, agency, board, State, and local response to the devastation (2) identify, review, and evaluate the les- commission, office, independent establish- wrought by Hurricane Katrina in the Gulf sons learned from Hurricane Katrina includ- ment, or instrumentality of the Government, Region of the United States of America espe- ing coordination, management policies, and information, suggestions, estimates, and sta- cially in the States of Louisiana, Mississippi, procedures of the Federal Government, State tistics for the purposes of this title. Each de- Alabama, and other areas impacted in the and local governments, and nongovern- partment, bureau, agency, board, commis- aftermath; mental entities, relative to detection, plan- sion, office, independent establishment, or (2) ascertain, evaluate, and report on the ning, mitigation, asset prepositioning, and instrumentality shall, to the extent author- information developed by all relevant gov- responding to cataclysmic natural disasters ized by law, furnish such information, sug- ernmental agencies regarding the facts and such as Hurricane Katrina; and gestions, estimates, and statistics directly to circumstances related to Hurricane Katrina (3) submit to the President and Congress the Commission, upon request made by the prior to striking the United States and in such reports as are required by this title con- chairman, the chairman of any sub- the days and weeks following; taining such findings, conclusions, and rec- committee created by a majority of the (3) build upon concurrent and prior inves- ommendations as the Commission shall de- Commission, or any member designated by a tigations of other entities, and avoid unnec- termine, including proposing organization, majority of the Commission. essary duplication concerning information coordination, planning, management ar- (2) RECEIPT, HANDLING, STORAGE, AND DIS- related to existing vulnerabilities; rangements, procedures, rules, and regula- SEMINATION.—Information shall only be re- (4) make a full and complete accounting of tions. ceived, handled, stored, and disseminated by the circumstances surrounding the approach SEC. ll05. POWERS OF COMMISSION. members of the Commission and its staff of Hurricane Katrina to the Gulf States, and (a) IN GENERAL.— consistent with all applicable statutes, regu- the extent of the United States government’s (1) HEARINGS AND EVIDENCE.—The Commis- lations, and Executive orders. preparedness for, and response to, the hurri- sion or, on the authority of the Commission, (d) ASSISTANCE FROM FEDERAL AGENCIES.— cane; any subcommittee or member thereof, may, (1) GENERAL SERVICES ADMINISTRATION.— (5) planning necessary for future cata- for the purpose of carrying out this Act— The Administrator of General Services shall clysmic events requiring a significant mar- (A) hold such hearings and sit and act at provide to the Commission on a reimburs- shaling of Federal resources, mitigation, re- such times and places, take such testimony, able basis administrative support and other sponse, and recovery to avoid significant loss receive such evidence, administer such services for the performance of the Commis- of life; oaths; and sion’s functions. (6) an analysis as to whether any decisions (B) subject to paragraph (2)(A), require, by (2) OTHER DEPARTMENTS AND AGENCIES.—In differed with respect to response and recov- subpoena or otherwise, the attendance and addition to the assistance prescribed in para- ery for different communities, neighbor- testimony of such witnesses and the produc- graph (1), departments and agencies of the hoods, parishes, and locations and what tion of such books, records, correspondence, United States may provide to the Commis- problems occurred as a result of a lack of a memoranda, papers, and documents, as the sion such services, funds, facilities, staff, and

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other support services as they may deter- lowed travel expenses, including per diem in (c) AVAILABILITY OF FUNDS.—The Secretary mine advisable and as may be authorized by lieu of subsistence, in the same manner as of Defense may, at the request of the Sec- law. persons employed intermittently in the Gov- retary of State, support partnership security (e) GIFTS.—The Commission may accept, ernment service are allowed expenses under capacity building as authorized under sub- use, and dispose of gifts or donations of serv- section 5703(b) of title 5, United States Code. section (a) including by transferring funds ices or property. SEC. ll09. SECURITY CLEARANCES FOR COM- available to the Department of Defense to (f) POSTAL SERVICES.—The Commission MISSION MEMBERS AND STAFF. the Department of State, or to any other may use the United States mails in the same The appropriate Federal agencies or de- Federal agency. Any funds so transferred manner and under the same conditions as departments shall cooperate with the Commis- shall remain available until expended. The partments and agencies of the United States. sion in expeditiously providing to the Com- amount of such partnership security capac- SEC. ll06. NONAPPLICABILITY OF FEDERAL AD- mission members and staff appropriate secu- ity building provided by the Department of VISORY COMMITTEE ACT. rity clearances to the extent possible pursu- Defense under this section may not exceed (a) IN GENERAL.—The Federal Advisory ant to existing procedures and requirements, $750,000,000 in any fiscal year. Committee Act (5 U.S.C. App.) shall not except that no person shall be provided with (d) CONGRESSIONAL NOTIFICATION.—Before apply to the Commission. access to classified information under this building partnership security capacity under (b) PUBLIC MEETINGS AND RELEASE OF PUB- title without the appropriate security clear- this section, the Secretaries of State and De- LIC VERSIONS OF REPORTS.—The Commission ances. fense shall submit to their congressional shall— SEC. ll10. REPORTS OF COMMISSION; TERMI- oversight committees a notification of the (1) hold public hearings and meetings to NATION. nations designated by the President with the extent appropriate; and (a) INTERIM REPORTS.—The Commission which partnership security capacity will be (2) release public versions of the reports re- may submit to the President and Congress built under this section and the nature and quired under section ll10. interim reports containing such findings, amounts of security capacity building to (c) PUBLIC HEARINGS.—Any public hearings conclusions, and recommendations for cor- occur. Any such notification shall be sub- of the Commission shall be conducted in a rective measures as have been agreed to by a mitted not less than 7 days before the provi- manner consistent with the protection of in- majority of Commission members. sion of such partnership security capacity formation provided to or developed for or by (b) FINAL REPORT.—Not later than 6 building. the Commission as required by any applica- months after the date of the enactment of (e) COMPLEMENTARY AUTHORITY.—The au- ble statute, regulation, or Executive order. this title, the Commission shall submit to thority to build partnership security capac- SEC. ll07. STAFF OF COMMISSION. the President and Congress a final report ity under this section is in addition to any (a) IN GENERAL.— containing such findings, conclusions, and other authority of the Department of De- (1) APPOINTMENT AND COMPENSATION.—The recommendations for corrective measures as fense to provide assistance to a foreign coun- chairman, in consultation with the vice have been agreed to by a majority of Com- try. chairman, in accordance with rules agreed mission members. (f) MILITARY AND SECURITY FORCES DE- upon by the Commission, may appoint and (c) TERMINATION.— FINED.—In this section, the term ‘‘military fix the compensation of a staff director and (1) IN GENERAL.—The Commission, and all and security forces’’ includes armies, guard, such other personnel as may be necessary to the authorities of this Act, shall terminate border security, civil defense, infrastructure enable the Commission to carry out its func- 60 days after the date on which the final re- protection, and police forces. tions, without regard to the provisions of port is submitted under subsection (b). SEC. ll. SECURITY AND STABILIZATION ASSIST- title 5, United States Code, governing ap- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- ANCE. pointments in the competitive service, and MINATION.—The Commission may use the 60- (a) IN GENERAL.—Notwithstanding any without regard to the provisions of chapter day period referred to in paragraph (1) for other provision of law, upon a request from 51 and subchapter III of chapter 53 of such the purpose of concluding its activities, in- the Secretary of State and upon a deter- title relating to classification and General cluding providing testimony to committees mination by the Secretary of Defense that Schedule pay rates, except that no rate of of Congress concerning its reports and dis- an unforeseen emergency exists that requires pay fixed under this subsection may exceed seminating the final report. immediate reconstruction, security, or sta- the equivalent of that payable for a position SEC. ll11. FUNDING. bilization assistance to a foreign country for at level V of the Executive Schedule under (a) EMERGENCY APPROPRIATION OF FUNDS.— the purpose of restoring or maintaining section 5316 of title 5, United States Code. There are authorized to be appropriated peace and security in that country, and that (2) PERSONNEL AS FEDERAL EMPLOYEES.— $3,000,000 for purposes of the activities of the the provision of such assistance is in the na- (A) IN GENERAL.—The executive director Commission under this title and such fund- tional security interests of the United and any personnel of the Commission who ing is designated as emergency spending States, the Secretary of Defense may author- are employees shall be employees under sec- under section 402 of H. Con. Res. 95 (109th ize the use or transfer of defense articles, tion 2105 of title 5, United States Code, for Congress). services, training or other support, including purposes of chapters 63, 81, 83, 84, 85, 87, 89, (b) DURATION OF AVAILABILITY.—Amounts support acquired by contract or otherwise, and 90 of that title. made available to the Commission under to provide such assistance. (B) MEMBERS OF COMMISSION.—Subpara- subsection (a) shall remain available until (b) AVAILABILITY OF FUNDS.—Subject to graph (A) shall not be construed to apply to the termination of the Commission. subsection (a), the Secretary of Defense may members of the Commission. transfer funds available to the Department (b) DETAILEES.—Any Federal Government SA 2052. Mr. INHOFE submitted an of Defense to the Department of State, or to employee may be detailed to the Commission amendment intended to be proposed to any other Federal agency, to carry out the without reimbursement from the Commis- amendment SA 1955 proposed by Mr. purposes of this section, and funds so transferred shall remain available until expended. sion, and such detailee shall retain the ARNER EVIN W (for himself and Mr. L ) to (c) LIMITATION.—The aggregate value of as- rights, status, and privileges of his or her the bill H.R. 2863, making appropria- regular employment without interruption. sistance provided or funds transferred under tions for the Department of Defense for (c) CONSULTANT SERVICES.—The Commis- the authority of this section may not exceed sion is authorized to procure the services of the fiscal year ending September 30, $200,000,000. experts and consultants in accordance with 2006, and for other purposes; which was (d) COMPLEMENTARY AUTHORITY.—The au- section 3109 of title 5, United States Code, ordered to lie on the table; as follows: thority to provide assistance under this section shall be in addition to any other author- but at rates not to exceed the daily rate paid At the end of title XII of division A, as ity to provide assistance to a foreign coun- a person occupying a position at level IV of added by Senate amendment No. 1955, add try. the Executive Schedule under section 5315 of the following: title 5, United States Code. (e) EXPIRATION.—The authority in this sec- SEC. ll. BUILDING THE PARTNERSHIP SECU- tion shall expire on September 30, 2006. SEC. ll08. COMPENSATION AND TRAVEL EX- RITY CAPACITY OF FOREIGN MILI- PENSES. TARY AND SECURITY FORCES. f (a) COMPENSATION.—Each member of the (a) AUTHORITY.—The President may au- NOTICES OF HEARINGS/MEETINGS Commission may be compensated at not to thorize building the capacity of partner na- exceed the daily equivalent of the annual tions’ military or security forces to disrupt COMMITTEE ON ENERGY AND NATURAL rate of basic pay in effect for a position at or destroy terrorist networks, close safe ha- RESOURCES level IV of the Executive Schedule under sec- vens, or participate in or support United Mr. DOMENICI. Mr. President, I tion 5315 of title 5, United States Code, for States, coalition, or international military would like to announce for the infor- each day during which that member is en- or stability operations. mation of the Senate and the public gaged in the actual performance of the du- (b) TYPES OF PARTNERSHIP SECURITY CA- that a hearing has been scheduled be- ties of the Commission. PACITY BUILDING.—The partnership security (b) TRAVEL EXPENSES.—While away from capacity building authorized under sub- fore the Committee on Energy and Nat- their homes or regular places of business in section (a) may include the provision of ural Resources. the performance of services for the Commis- equipment, supplies, services, training, and The hearing will be held on Tuesday, sion, members of the Commission shall be al- funding. October 18, 2005, at 3 p.m. in Room SD–

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11165 366 of the Dirksen Senate Office Build- PRIVILEGE OF THE FLOOR some decisions at least about their ing. Ms. LANDRIEU. Mr. President, I ask emergency health care needs before we The purpose of the hearing is to con- unanimous consent that privilege of leave? sider our national capacity for pro- the floor be granted to Jason Matthews The PRESIDING OFFICER. The ma- ducing innovation in energy tech- and Kathleen Strottman during consid- jority leader. nologies and the importance of this in- eration of this legislation. Mr. FRIST. Mr. President, the issue novation to our global economic com- The PRESIDING OFFICER. Without of health care and health care delivery petitiveness. The Committee will also objection, it is so ordered. among peoples who have lost their hear testimony describing the results The PRESIDING OFFICER. The Sen- homes, who have lost shelters, secu- of a forthcoming National Academy of ator from Louisiana. rity, family members, is something we Sciences report on this same topic. need to address quickly, expeditiously, f Because of the limited time available and we are going to continue to work for the hearing, witnesses may testify UNANIMOUS-CONSENT REQUEST— on it. by invitation only. However, those S. 1716 At the same time, I wish to say to wishing to submit written testimony Ms. LANDRIEU. Mr. President, I un- the American people who are listening for the hearing record should send two to me—and the Senator from Louisiana copies of their testimony to the Com- derstand we are now in morning business. I ask unanimous consent that im- and I have had the opportunity to trav- mittee on Energy and Natural Re- el together over the region she is about sources, United States Senate, Wash- mediately upon the disposition of the Defense appropriations bill, on which to discuss, and I observed firsthand. ington, DC 20510–6150. Those people now are getting health For further information, please con- we just voted cloture, that immediately following the vote on that bill care, and health care is not being de- tact Dr. Kathryn Clay (202) 224–6224 or nied anybody. It cannot be denied, and Steve Waskiewicz at (202) 228–6195. that the Senate return to consideration of S. 1716, which is a bill by Sen- it will not be denied. The real issue is f ator GRASSLEY and Senator BAUCUS to to make sure that compensation for AUTHORITY FOR COMMITTEES TO provide emergency health care relief to that health care does flow and does MEET the many victims of Hurricanes flow in a timely fashion to where the patient is displaced or to the State of COMMITTEE ON ENVIRONMENT AND PUBLIC Katrina and Rita throughout the gulf WORKS coast and the needs of States through- Louisiana or it might be Alabama or Mr. STEVENS. Mr. President, I ask out the Nation. I ask unanimous con- Mississippi. How that is done most ap- unanimous consent that the Com- sent that the bill be brought up for propriately and fairly where the funds mittee on Environment and Public consideration right after the final vote can follow the individual and follow Works be authorized to meet on Octo- on the Defense appropriations bill. the patient, the family, is what is ber 5, 2005, at 2:30 p.m. to conduct a The PRESIDING OFFICER. Is there being addressed. hearing on the Kyoto Protocol: assess- objection? The issue is not as to whether or not ing the status of efforts to reduce Mr. FRIST. Reserving the right to health care is being provided. Health greenhouse gases. object. care is being provided. It is available to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- those people who need it. objection, it is so ordered. jority leader. Mr. President, I would like to pro- COMMITTEE ON FOREIGN RELATIONS Mr. FRIST. Mr. President, I will ob- ceed with a couple of items of business, Mr. STEVENS. Mr. President, I ask ject shortly. As the distinguished Sen- and then I know that the Senator from unanimous consent that the Com- ator from Louisiana knows, the issue Louisiana has the floor and has a num- mittee on Foreign Relations be author- we are talking about is one that is very ber of very important things to ad- ized to meet during the session of the close to me, one on which she and I dress. Senate on Wednesday, October 5, 2005, have had many conversations because I should also say that Senator at 2:15 p.m. to hold a Business Meeting it goes right to the heart of health care LANDRIEU and I have been in discussion on nominations. for hundreds of thousands of people. It over the course of today on a number The PRESIDING OFFICER. Without is an issue we have to address. I person- of issues that she provided in a letter objection, it is so ordered. ally have spent about an hour and a to me which addresses health care half today on this issue with the chair- issues, small business issues, education SELECT COMMITTEE ON INTELLIGENCE man and many others. We are not there Mr. STEVENS. Mr. President, I ask issues, and community disaster loans. I yet. I pledge to keep working on this continue to aggressively address all unanimous consent that the Select issue. I understand the time urgency of Committee on Intelligence be author- four of those issues with my colleagues it. as well. ized to meet during the session of the As the distinguished Senator from Senate on October 5, 2005, at 2:30 p.m. Louisiana knows, there are several ob- f to hold a closed briefing. jections on our side, and on behalf of The PRESIDING OFFICER. Without those colleagues, I object. APPOINTMENT objection, it is so ordered. The PRESIDING OFFICER. Objec- SPECIAL COMMITTEE ON AGING tion is heard. The Chair, on behalf of the President Mr. STEVENS. Mr. President, I ask Ms. LANDRIEU. Mr. President, may I pro tempore, pursuant to Public Law unanimous consent that the Special ask the majority leader a question? 106–398, as amended by Public Law 108– Committee on Aging be authorized to The PRESIDING OFFICER. Without 7, in accordance with the qualifications meet today, October 5, 2005, from 10:30 objection, it is so ordered. specified under section 1238(b)(3)(E) of a.m.–12:30 p.m. in Hart 216 for the pur- Ms. LANDRIEU. Through the Chair, Public Law 106–398, and upon the rec- pose of conducting a hearing. first of all, I appreciate the work that ommendation of the Democratic lead- The PRESIDING OFFICER. Without he has been doing behind the scenes er, in consultation with the chairmen objection, it is so ordered. with the leadership in the Senate to of the Senate Committee on Armed SUBCOMMITTEE ON TRADE, TOURISM, AND press forward on this very important Services and the Senate Committee on ECONOMIC DEVELOPMENT issue. But I would like to ask him what Finance, reappoints the following indi- Mr. STEVENS. Mr. President, I ask he thinks about the possibility of us viduals to the United States-China unanimous consent that the Sub- going home on break for over a week Economic Security and Review Com- committee on Trade, Tourism, and before something can be determined mission: C. Richard D’Amato of Mary- Economic Development be authorized definitively as to whether people who land for a term beginning January 1, to meet on October 5, 2005, at 2:30 p.m., are without a home, without a job, 2006 and expiring December 31, 2007 and on Spyware. without a church, without a neighbor- William A. Reinsch of Maryland for a The PRESIDING OFFICER. Without hood, without their family—does the term beginning January 1, 2006 and ex- objection, it is so ordered. Senator think we should possibly make piring December 31, 2007.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11166 CONGRESSIONAL RECORD — SENATE October 5, 2005 FAMILY HISTORY MONTH important factors in the successful percep- subpoena, order, or request for testimony re- tion of nationwide camaraderie, support, and lating to their official responsibilities; Mr. FRIST. Mr. President, I ask participation: Now, therefore, be it Whereas, by the privileges of the Senate of unanimous consent that the Senate Resolved, That the Senate— the United States and Rule XI of the Stand- now proceed to the consideration of S. (1) designates the month of October 2005, as ing Rules of the Senate, no evidence under Res. 266, which was submitted earlier ‘‘Family History Month’’; and the control or in the possession of the Senate today. (2) calls upon the people of the United may, by the judicial or administrative proc- The PRESIDING OFFICER. The States to observe the month with appro- ess, be taken from such control or possession priate ceremonies and activities. but by permission of the Senate; clerk will report the resolution by Whereas, when it appears that evidence f title. under the control or in the possession of the The legislative clerk read as follows: AUTHORIZATION OF TESTIMONY, Senate may promote the administration of A resolution (S. Res. 266) designating the DOCUMENT PRODUCTION AND justice, the Senate will take such action as month of October 2005, as ‘‘Family History LEGAL REPRESENTATION will promote the ends of justice consistent Month.’’ with the privileges of the Senate: Now, Mr. FRIST. Mr. President, I ask There being no objection, the Senate therefore, be it unanimous consent that the Senate Resolved that Carol Carpenter and other proceeded to consider the resolution. now proceed to the consideration of S. employees of Senator Gregg’s office from Mr. FRIST. I ask unanimous consent Res. 267, which was submitted earlier whom testimony or the production of docu- that the resolution be agreed to, the today. ments may be required are authorized to tes- preamble be agreed to, and the motion The PRESIDING OFFICER. The tify and produce documents in the cases of to reconsider be laid upon the table. clerk will report the resolution by State of New Hampshire v. Anne Miller, The PRESIDING OFFICER. Without Mary Lee Sargent, Jessica Ellis, Lynn title. Chong, Donald Booth, Eileen Reardon, ex- objection, it is so ordered. The legislative clerk read as follows: The resolution (S. Res. 266) was cept concerning matters for which a privi- A resolution (S. Res. 267) to authorize tes- lege should be asserted. agreed to. timony, document production, and legal rep- SEC. 2. The Senate Legal Counsel is author- The preamble was agreed to. resentation in State of New Hampshire v. ized to represent Carol Carpenter and other The resolution, with its preamble, Anne Miller, Mary Lee Sargent, Jessica employees of Senator Gregg’s office in con- reads as follows: Ellis, Lynn Chong, Donald Booth, Eileen nection with the testimony and document S. RES. 266 Reardon. production authorized in section one of this resolution. Whereas it is the family, striving for a fu- There being no objection, the Senate ture of opportunity and hope, that reflects proceeded to consider the resolution. f our Nation’s belief in community, stability, Mr. FRIST. Mr. President, this reso- ORDERS FOR THURSDAY, OCTOBER and love; lution concerns a request for testi- 6, 2005 Whereas the family remains an institution mony, documents, and representation Mr. FRIST. I ask unanimous consent of promise, reliance, and encouragement; in related criminal trespass actions in Whereas we look to the family as an un- that when the Senate completes its wavering symbol of constancy that will help Concord District Court in the State of business today, it adjourn until 9:30 us discover a future of prosperity, promise, New Hampshire. In these actions, 6 de- a.m. on Thursday, October 6. I further and potential; fendants have been charged with crimi- ask that following the prayer and Whereas within our Nation’s libraries and nally trespassing on the premises of pledge, the morning hour be deemed archives lie the treasured records that detail Senator JUDD GREGG’s Concord, NH, of- expired, the Journal of proceedings be the history of our Nation, our States, our fice on June 2, 2005, for refusing re- approved to date, the time for the two communities, and our citizens; peated requests to leave Senator Whereas individuals from across our Na- leaders be reserved, and the Senate GREGG’s office at the end of the busi- tion and across the world have embarked on then resume consideration of H.R. 2683, a genealogical journey by discovering who ness day in order to allow the office to the Defense appropriations bill. I fur- their ancestors were and how various forces close. Trials on the charge of trespass ther ask unanimous consent that not- shaped their past; are scheduled to commence or about withstanding the adjournment of the Whereas an ever-growing number of people October 18, 2005. The State has subpoe- Senate, all time overnight be counted in our Nation, and in other nations, are col- naed a member of the Senator’s staff against the 30 hours postcloture. lecting, preserving, and sharing genealogies, who witnessed the defendants’ conduct. personal documents, and memorabilia that The PRESIDING OFFICER. Without The enclosed resolution would author- objection, it is so ordered. detail the life and times of families around ize that staff member, and any other the world; f Whereas 54,000,000 individuals belong to a employees of Senator GREGG’s office family where someone in the family has used from whom evidence may be required, PROGRAM the Internet to research their family history; to testify and produce documents in Mr. FRIST. The Senate has made tre- Whereas individuals from across our Na- connection with these actions. mendous progress on the bill today. It tion, and across the world, continue to re- Mr. FRIST. I ask unanimous consent has been a very long day. The chair- search their family heritage and its impact that the resolution be agreed to, the man and ranking member have done a upon the history of our Nation and the preamble be agreed to and the motion superb job working with other chair- world; to reconsider be laid upon the table. Whereas approximately 60 percent of men and other ranking members Americans have expressed an interest in The PRESIDING OFFICER. Without throughout the course of the day to tracing their family history; objection, it is so ordered. bring us to this point. I do want to con- Whereas the study of family history gives The resolution (S. Res. 267) was gratulate Senator STEVENS and Sen- individuals a sense of their heritage and a agreed to. ator INOUYE for their great work. We sense of responsibility in carrying out a leg- The preamble was agreed to. will finish this bill before we leave on acy that their ancestors began; The resolution, with its preamble, Friday, as we set out to do now about Whereas as individuals learn about their reads as follows: 7 or 8 days ago. We will have a very ancestors who worked so hard and sacrificed so much, their commitment to honor the S. RES. 267 long session tomorrow. We have a lot memory of their ancestors by doing good is Whereas, in the cases of State of New of work to do. We are in this increased; Hampshire v. Anne Miller, Mary Lee Sar- postcloture period. There are a lot of Whereas interest in our personal family gent, Jessica Ellis, Lynn Chong, Donald amendments to be processed and to be history transcends all cultural and religious Booth, Eileen Reardon, pending in Concord voted upon. affiliations; District Court, New Hampshire, testimony We are still working toward an agree- Whereas to encourage family history re- and documents have been requested from ment on the pensions bill. I hope to search, education, and the sharing of knowl- Carol Carpenter, an employee in the office of have progress to report on that front edge is to renew the commitment to the con- Senator Judd Gregg; tomorrow. Aggressively, people have cept of home and family; and Whereas, pursuant to sections 703(a) and Whereas the involvement of national, 704(A)(2) of the Ethics in Government Act of been working to bring resolution to State, and local officials in promoting gene- 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- that bill, and I am confident we will be alogy and in facilitating access to family ate may direct its counsel to represent an able to do that but do not yet know the history records in archives and libraries are employee of the Senate with respect to any timing on that.

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 5, 2005 CONGRESSIONAL RECORD — SENATE S11167 ORDER FOR ADJOURNMENT The administration says it is going building Iraq—$18 billion, without a Mr. FRIST. If there is no further to cut the wages for construction single dollar of it set off against any business to come before the Senate, I workers who are going back to work to cut in spending. Not one of them ask unanimous consent that the Sen- rebuild in Louisiana, Mississippi, and brought up this idea of cutting spend- ate stand in adjournment under the Alabama, exactly the opposite of what ing to give tax breaks to the wealthiest previous order, following the remarks these families need to get back on their people in America. But when it comes of Senator LANDRIEU. feet. to the most vulnerable, those helpless The PRESIDING OFFICER. Without The administration has refused to victims of this hurricane in those objection, it is so ordered. come forward with the emergency States, they are demanding this setoff f housing that is needed for so many of that, frankly, will make life more pain- these people who are literally at their ful and difficult for vulnerable people DISASTER RELIEF wits’ end, trying to keep their families all across America. Mr. DURBIN. Mr. President, I rise to together, living in the most extreme This is a real test of who we are and say a few words about the issue that circumstances. what we stand for. If we are truly in the Senator from Louisiana is going to This Senator from Louisiana has this together, if we are going to be uni- talk about, but I do not want to take been on the floor repeatedly, appealing fied as a nation and react as a commu- any of her time away from her. I know to both sides of the aisle, but particu- nity and as a family, we can do better. it is late in the evening but if I could, larly to the majority, for help with America can do better. I salute the I will say a few words before leaving health care for the people who have Senator from Louisiana. I will turn the the floor. I hope that my Senate col- been displaced. Someone lucky enough floor over to her, thank her for her leagues who are following this debate to have health insurance when Hurri- leadership, and say this Senator and and conversation, as well as those who cane Katrina hit may have lost not many others will fight with you to the are viewing these proceedings, under- only their home but also their job and bitter end to make sure the people you stand what my colleague from Lou- their health insurance, and now they represent understand that they do not isiana, Senator MARY LANDRIEU, and are adrift. Senator LANDRIEU has been stand alone. her colleague, Senator VITTER have working with Senator GRASSLEY, a Re- I yield the floor. been through. publican, and Senator BAUCUS, a Demo- Ms. LANDRIEU. Mr. President, I They have faced a disaster virtually crat, to make certain they have health thank the Senator from Illinois, who unprecedented in modern American care coverage. It is not enough to say if has been such a champion for people in history. Having been through a few they show up in an emergency room, need, for people who need their Govern- minor disasters and floods in my area, somebody will probably take care of ment to step up and to be with them in I cannot imagine the stress that they them. Is that what you would like your times of difficulty. That is what gov- have been under to serve the public, medical future to be for you and your ernments are all about. which is their responsibility in the family? That is not what Senator We appreciate the self-sufficiency of Senate. Though I do not know Senator LANDRIEU wants and that is what she is people. We appreciate the value of up- VITTER as well, nor have I known him fighting to change. ward mobility. We appreciate the val- as long, I can certainly attest to his We have also seen the suggestion we ues of family that Illinois and Lou- concern for the people of Louisiana. I cut back on cash payments to people isiana treasure, about moving forward. can speak personally about the concern who have no job, may not even have ac- But we also understand when life of Senator LANDRIEU. cess to the unemployment checks or throws you a curve ball, when you are From the moment I got her on the whatever they are entitled to at this hit by a monster storm, when the home telephone—and it was not an easy moment. you have worked for all your life and task—while she was still fighting flood I think one of the worst and crowning might in fact have been paid for is lit- waters in her hometown of New Orle- blows is this notion that somehow erally washed away before your eyes; ans, until this moment today, she has every penny we put into rebuilding when the business that your father or been consumed with one focused objec- America, rebuilding the Gulf Coast your mother handed down to you and tive, what she can do to spare the suf- States—New Orleans, Louisiana, Mis- you built up to be something to be fering of the people she represents and sissippi, and Alabama—has to be paid proud of, to turn over to your children, to rebuild and recover from this ter- for by cutting other programs that is gone in the flickering of an eye; rible disaster. may help poor people. Today the Agri- when your child is in an accident and it I visited New Orleans a few weeks culture Committee is considering cuts was unexpected and the health insur- ago with a bipartisan delegation, met in food stamps, $500 million or $600 mil- ance doesn’t pay for it and you have a with her as well as Commander Allen, lion in cuts in food stamps so we can child now who is in great need—you who is heading up the FEMA effort provide help to Hurricane Katrina vic- would think we would have a govern- now, as well as Governor Blanco and tims. So we will literally take food ment that would not question whether Mayor Nagin, many of them local offi- from the mouths of babies and mothers we should be there to help. cials. It is clear now that they have and families across America to give We would say: Of course. This is faced challenges that most public serv- them to the babies and mothers and America. This is what we do. We help ants do not dream of. The reason we families of Hurricane Katrina? Is that each other through difficult times. are here tonight is because she is what it has come to in America? That is the way the country used to be. reaching the end of her patience. I have The suggestion we would cut Med- That is the country I grew up in. But I talked to her during the course of this icaid, the health insurance for the poor am standing here now on the floor at a day, and I know what is boiling up in- and elderly and disabled in America, so quarter to 11 on Wednesday night. We side of her. we can provide that same Medicaid, are getting ready to pass a very impor- The thought that we would leave that same health insurance for the tant bill. We, the other Senator from Washington, the capital of our Nation, poor and elderly and disabled and dis- Louisiana, Senator VITTER, and I, have for a week or 10 days and be back in located in Hurricane Katrina, is that been patient—persistent but patient our home States is a real concern to what it has come to in America? over the 31 days since this first hurri- her because she knows while we are I think what troubles me the most is cane hit Louisiana and devastated our gone, people in Louisiana will continue the situation here where there is an in- largest city and rocked the whole to suffer because of our inaction and sistence by some of my colleagues that southern part of our State back on its our unwillingness to respond to the ba- every penny we spend investing in re- heels. We have been to countless meet- sics. Look at what has happened so far. building the Gulf Coast States has to ings, countless conferences, countless The administration announces initially be met by a cut in spending for the telephone conversations, countless vis- no-bid contracts to some of the most most vulnerable people in America. its back to our State and region, vis- recognizable big hitters in Washington, None of these people who are insisting iting from shelters to briefing rooms. corporations that always seem to win on this match of cut for spending said We have outlined what we need. I have when others are facing misfortune. that when we were talking about re- to stand here now at a quarter to 11 on

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11168 CONGRESSIONAL RECORD — SENATE October 5, 2005 a Wednesday night with the idea that an emergency room and wait for a day, that the Republican chairman of the Congress is basically prepared to go 2 or 3 days. The lines were long before Senate committee said absolutely this home and do nothing other than what Katrina, and after Katrina and Rita, I is what we should do, with the ranking we have done, which is give $62 billion had a mother tell me she waited 2 days member, the Senator from Massachu- to an agency that does not work. with her child with cerebral palsy in setts, Senator KERRY, agreeing. It That is where we are. Thirty-one her arms—for 2 days trying to get passed unanimously out of our com- days after the worst natural disaster in health care. mittee. We have very liberal members the history of the country, the subse- Unfortunately, many people go to the of our committee, and very conserv- quent breaking of a levee system that emergency room to get health care. ative members of our committee who is primarily the fault of the Federal But in this case, we have many people passed this unanimously, but for some Government—not only but primarily who don’t usually get their health care reason we can’t do this before we leave the fault of the Federal Government from emergency rooms that need the because the House leadership and the from decades of neglect and disinvest- Grassley-Baucus bill to be able to ex- administration don’t think that this ment, disengagement, and disinterest— tend their private coverage at a reason- help for small business is an emer- and I have to go tell my constituents able and affordable rate until we can gency. that people in Congress needed a break figure out a better way to keep them I might want them to call some of and we had to go home, and the only with health insurance, get them back the 71,000 small businesses that don’t thing we could do is give $62 billion to in their jobs, get them back into have their business any longer and ask the agency about which the only thing homes, and decide how to do that. them if they could wait another few we all seem to agree, Republican and That is why I sent a letter today say- weeks for no reason, just because we Democrat, House and Senate, is that it ing I think we should act on the Emer- can’t manage to get a bill that passed doesn’t work. gency Health Care Relief Act—not 2 unanimously over here, for the White I sent a letter—I have sent many, but weeks from now, not a month from House or someone in the administra- this is another letter—to the leader- now, but right now. Take a few billion tion to say, you know, that would be a ship, to say: dollars and instead of letting it sit good idea. FEMA is not working so Although a month has passed since Hurri- there doing nothing under the FEMA well. While we try to work on getting cane Katrina destroyed the lives and liveli- headline, take this money and use it FEMA to work better, it would make hoods of hundreds of thousands of Ameri- cans, survivors of this disaster and Hurri- for health care. sense to us to take $720 million of the cane Rita [throughout Louisiana, Texas, In addition, we have had 71,000 small $43 billion that FEMA has and get it to Mississippi and Alabama] still await direct businesses at a minimum—it could be the small businesses to help. federal assistance. more—71,000 small businesses, from Another part of this letter is $3.3 bil- They are not getting much direct restaurants to small manufacturing lion for immediate funding for elemen- Federal assistance because the assist- shops to high-tech businesses to agri- tary, secondary, and postsecondary re- ance has gone to FEMA. FEMA is not cultural-related businesses to art lief for children. We go to school early resourced, organized or prepared to stores. I could go on and on and on. in the South. Up here around Wash- handle it, so people are not getting the These are people who worked their ington people do not go to school until money. whole lives to create a business for after September. But down South, we So, instead of doing something before themselves and their children. They all go back to school around the middle we leave to actually get the money to may employ three or four people. But of August. In Louisiana and Mississippi people it could help, we may do noth- it was a successful business. They were and Alabama, kids that just finished ing. proud of their business. The business is with their new backpacks, got in their In order to provide immediate relief gone. little uniforms, parents are excited, to millions of Americans, I am sug- Instead of Congress acting to help kids are excited, they had just started gesting that part of the FEMA money small business through the Small Busi- school the week before the hurricane. be reallocated. There is $43 billion to- ness Administration, we have decided Then, on August 29th, Katrina, a cat- night—we checked today—of the $61 we want to give all the money to egory 4 or 5 hurricane, with 165-mile- billion or so we have appropriated. FEMA. If FEMA gives it to small busi- an-hour winds, slammed into the gulf There is about $43 billion sitting there, nesses, fine; if they do not, OK with us. coast and destroyed hundreds of $43 billion the taxpayers have already We are going home for 2 weeks. schools—public, private, parochial. appropriated, we have already voted So I sent the letter saying, Could we The superintendents, in their self-re- for, sitting there. take some of that FEMA money—they liant way, started making phone calls Some of us are suggesting that we have $43 billion—just $720 million of and saying 250,000 children need to go take a few billion of that $43 billion the FEMA money and give it to the to school. So they start making all that is sitting there doing nothing and Small Business Hurricane Relief and kinds of arrangements, principals and do something important with it, such Reconstruction Act, sponsored not by teachers, mothers and fathers without as send signals to Mississippi, Lou- Democrats but by the Republicans, by much money, having lost their home isiana, and Alabama that they could be the chairman of the committee, the and in some cases their business, reimbursed for their hospital and very able Senator from Maine, Senator scrambling to find schools to put their health care expenses for the 2 million SNOWE, who 2 weeks ago moved a bill kids in. Why? Because a smart, good people who have been displaced from out of her committee at the request of educator from Louisiana, the super- their homes, from their neighborhoods, the Small Business Administration, intendent, who is universally admired from their church communities, so and because of the need of small busi- in our State, said to people 12 days there would be no question that they nesses in the gulf coast, moved a tight, after the storm, You might have lost could get that reimbursement and comprehensive, direct package. But, everything, but if you still have your States could begin planning how to no, we can’t do that. We have to go children, do me a favor. Get them in provide critical health needs. home without helping our small busi- school because it will bring normalcy The Senator from Tennessee said nesses. to them. It will calm them from this that everyone will be getting health When I was on the committee the tragedy, and it will provide some order benefits. If you are a middle-income Small Business Administration testi- for your family. family and had private health insur- fied. This was a week ago. They said Wealthy people had many options. ance with your employer, and your em- 25,000 businesses had put in applica- Middle-income people had fewer op- ployer went out of business, you don’t tions for aid and they had approved tions, but they kind of made it work. continue with that health care unless seven. That was last week. The poor have struggled with this we pass all or part of the Baucus-Grass- I think that we should do anything issue. ley bill that provides a way for that we can do to give some money to the Our States have said it has been a health care to be continued. Small Business Administration, month. We know there are 250,000 chil- The Senator says you can get health through already approved law—nothing dren, just elementary and school-age care. Yes, you could go stand in line in new on the books—that they asked for, kids, that are enrolled in other schools,

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They are doing a where, if she could get up and walk, she have not figured out exactly which one, great job. could buy something and pay sales tax. but I will work on that tomorrow, The only people not doing very well Obviously, she will not be paying any something she might particularly ben- are the Members of Congress on the ad valorem tax on this house. efit from. House side and the administration that Counties and parishes all over south I have sheriff’s departments, cities, can’t seem to find $3 billion to let the Louisiana made their payrolls in Au- counties, and parishes that do not States know that those children’s tui- gust. They made their first payroll in know how they will make payroll. tion will be paid for. Maybe public September. They made their second FEMA has $43 billion, and I cannot get schools can survive this. Maybe public payroll the end of September. They $1.5 billion to help them stay in busi- schools just know: I am a public school have no revenues coming in. They ness. Anything we might do in Decem- and I know I am going to get our come here and ask for $1.5 billion and ber could actually work. money. But what about the parochial are told: Why don’t you go back and I don’t know how to express any schools? tighten your numbers a little bit. Why more the tragedy and the magnitude of Let me also remind you that these don’t you go back and just see if there this disaster. I hope perhaps some peo- schools are employers. They employ is any way this lady could pay a little ple listening would pick up the special teachers and support staff. Maybe they tax. I have never seen or heard any- edition of National Geographic, ‘‘Why can wait until January, but since the thing like this in my life. It Became a Man-made Disaster, Where administration has said we want to FEMA has $43 billion unallocated. It Could Happen Next.’’ The pictures give help—$4,000 a child or up to $7,500 Throughout the entire region, they are hard to look at. The text is even per child to make sure the States of have no sales tax to operate, no prop- more difficult to read—not because the Mississippi, Louisiana, Alabama, and erty tax to operate, and are getting words are large but because it makes Texas are whole—we should allow the ready to declare bankruptcy. And Con- you so sick when you read it because it schools that have taken in these chil- gress says, they have to tighten their was avoidable. This was all avoidable, but there dren to be compensated at some great numbers. If we give them the money in were many failures along the way at expense to the schools that were al- New Orleans, if we give the money to the national level, at the State level, ready full. them under current law, we have to at the local level. I hope we can learn Let’s take the State of Arkansas. pay it back. They took 75,000 people; maybe they How is New Orleans or Waveland or from what we did so people do not have 25,000 children or maybe only anyplace that looks like this, how are think: Well, the Senator from Lou- 20,000 children. Those children have they going to pay any money back? If isiana is just talking about the people from Louisiana. gone to schools in Arkansas. They have we do not get this law changed before Let me read you the last page, which taken them in. Those schools have not we leave, the only money New Orleans is why I am spending time on the floor, received one penny for those children could get under the current law, which why I am going to stay on this floor, and are not quite sure if they will. is why we keep saying FEMA is not why I am going to push this issue, so They have taken them in anyway, working—under the current law a city we get something for the people of Lou- though. The parents do not know if or county can get a maximum of $5 isiana and the gulf coast before we their children are going to be paid for million by loan, which they have to leave, something for their health care or if they will have to pick up a second pay back. or something for their education or Do you know how much the annual tuition. Some of them have already something for their small business or operating monthly payroll is for the paid tuition for the school they were in something for their police and fire de- before the hurricane hit. city of New Orleans? It is $40 million. partments, something for their oper- I am wondering, why is this com- How would the $5 million help the city ating budgets, so we can have some- plicated? The administration has said of New Orleans to stay in business thing to work with when we get back. they are for it. LAMAR ALEXANDER, when in 1 month they spend $40 million But the reason I am also pressing it Senator KENNEDY, two Republicans, just on operating expenses for the city is because I know, as sure as I am and a Democrat have pretty much that looks like this? I come and ask for standing here, there is going to be an- agreed on how to do this. It only costs $40 million for 1 month and get told it other disaster. If we do not fix FEMA, $3 billion. Again, we would just as soon is too much to ask for? Don’t ask for if we do not fix some of these systems take it from FEMA since they are not too much, Senator. and set a precedent—not a precedent doing very well with the money we OK, well, we will ask for just 3 because it is already in the law; but ac- have given them. It wouldn’t cost us months of operating expenses for some tually act on what the law already anything and we would get that done of these communities. I suggest if you says, which is all we are asking, not for our States, something positive and are giving tax credits to get people to anything new; but we are setting a concrete. But, no, we have to go home. come back, you might need a city they precedent by acting on what the Fed- The fourth thing in the letter we sent can come back to, or a county they can eral Government already has—it is today was to see if we could get some come back to that is actually oper- going to happen to someone else. And I direct funding, $1.5 billion we say here, ating. I don’t know too many busi- am likely to tell you now who that for just 3 months, it would just cover nesses that want to operate in a place someone else is going to be. about 3 months of basic payroll for with no police protection, no fire pro- The next Katrina? According to sheriff departments, for police, for fire tection, no sewer, no water, and lim- NOAA—which is the National Oceanic fighters in the cities and counties and ited utility maintenance for electricity and Atmospheric Administration—me- parishes that were the hardest hit. because the city is shut down. Maybe teorologist Joe Golden, the five places Today, in the city of New Orleans— there is a community like that some- in the United States at greatest risk and this is a picture of one neighbor- where in the world or in America, but for a calamitous hurricane are Tampa hood—the headline in our hometown I don’t know of one. Even people who Bay, FL—heads up, Senators from newspaper is that the city is to lay off live in rural areas—and I have been out Florida—Mobile, AL—heads up, delega- 3,000 city employees. When a city has to Montana, Idaho, and beautiful tion from Alabama—Houston, TX— been destroyed, as this picture indi- places in the West where you never see heads up to the Texas delegation—New cates, and people in your city look like anyone—have a beautiful ranch in the York City and Long Island, NY, and this picture, which can be seen all over middle of nowhere, and there is a fire Miami, FL. south Louisiana—this is what most department that would come if their This is a picture of the likely areas of homes in the southern part of Mis- ranch caught on fire. threat in the dark color on this map in

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11170 CONGRESSIONAL RECORD — SENATE October 5, 2005 the National Geographic article. So not below sea level. There are examples all We have programs such as the oppor- only do we have to get this right for over the Earth of people who have to tunity zones, urban homesteading. I the gulf coast, which has been hit hard live close to the water for trade and think there is some merit in some of and knocked down—but not knocked commerce purposes who have managed this that has been proposed. I am not out—we have to fix this so it does not to discipline themselves, restrain opposed to exploring options for any- happen again, and if it does, the people themselves, wisely spend their money, thing to encourage home ownership. of Florida do not have to suffer the and invest it in the protections that But right now our State, the city of way the people of Louisiana and Mis- their homeowners and their businesses New Orleans, cannot keep people on sissippi have had to suffer; so the peo- and their people need to have a long the payroll. If we do not do something ple of New York would not have to go and prosperous and safe existence. immediately to give money to our through what we went through. But we did not learn it in 1927 suffi- local governments, to sheriffs, to first But I do not know if I have hope ciently. We did not learn it in 1965. And responders, for firefighters, I do not about that because also in National Ge- I am hoping today we can learn it in know how anything else we do is going ographic they remind us of something 2005. to matter because there will not be a that I knew of as a kid. Everybody in Before we build the levee system, city to do it in, or there will not be a Louisiana knows about it. It was Hurri- though, we have to face the immediate county that is functioning when the cane Betsy—the largest natural dis- issues, which is why we sent this letter schools manage to get rebuilt, when aster in the history of the country. to the leadership, why I have said: any businesses decide to take advan- There is a hurricane that all the old- Let’s not go home until we take some tage of the tax credits we have given timers know about that hit in 1965, money from FEMA, which has $43 bil- them to open, there will not be a city Hurricane Betsy. It flooded a great lion and is not spending it very well. to move into. area of the metropolitan area, And everyone agrees with that. There We are trying to get some of our Plaquemines Parish, Saint Bernard is not a person in Congress now who is neighborhoods back in New Orleans, defending the way FEMA is distrib- Parish, and the Lower Nine, which was and the mayor and Federal officials uting this money. It is not because also terribly affected by Katrina. and the Governor and the council have As a result of Betsy, the Federal Gov- they do not have some good people at been working through a complicated ernment did the same thing. President FEMA. I have met many of them. They plan that is not universally supported. Lyndon Johnson came down at the re- are caring and compassionate individ- But I can understand why we have to quest actually of Senator Russell Long uals. go neighborhood by neighborhood, be- But FEMA is not organized to man- from Louisiana who said: Please come, cause some neighborhoods are totally age this crisis, and they are the agency see what has happened, and help us. uninhabitable. You want to bring some that should be coordinating it. They President Johnson, I am proud to life to the city, but what is the use of are not resourced. They are not staffed. say, came down and seemed to do more moving people back into Algiers, which They are not organized because they than we are doing now. I have a memo is where we want to move them on the were put in the Department of Home- I am going to submit for the RECORD west bank, or back into the CBD, if the land Security, stripped of much of that he himself wrote—that I got from mayor has to let 3,000 people off this their independence. Their budget was the Lyndon Baines Johnson Library week and 3,000 people off next week? slashed. Most of the people who knew today—upon his return, as he indicated Who would the people in the central how to run disasters either left or were to Congress what needed to be done. business district call when they need a asked to leave. So they have a group of permit? Maybe this would inspire us to do people who are not as experienced, not more. I don’t think this is too complicated. as well organized, and not prepared. It is time for us to act. We have passed Anyway, that hurricane occurred. We As a result, our people in Louisiana, some tax credits in a bipartisan fash- set out to build a levee system, a bold, Mississippi, and Alabama are suffering. ion, $6 billion in tax credits to help aggressive plan for a levee system. But So instead of complaining more about somewhere along the way that plan fell it, which we have done ad nauseam al- people with casualty loss, to let people by the wayside. Congress got dis- most for 31 days, we said: OK, let’s take some money out of their IRA tax tracted. Other priorities came up. Even move on here. Let’s take some of the free, to tell the IRS, don’t collect any though our delegation, decade after money that is not being used and di- taxes for people. If anybody owes you decade, Republican and Democrat, rect it immediately to things that money or if people are late or don’t ex- pleaded, begged, and used our own po- would really make a difference in peo- pect any quarterly reports, that has all litical chits to add money to the execu- ple’s lives and, most importantly, been helpful. We have given a $2,400 tive budget every year for levees and would send a positive signal that help credit to employers. One thing we can flood protection and important dredg- is on the way. do in this Congress is pass tax cuts. We ing projects, it was never a promise So I do not know why we are not able have become very good at passing tax that was fulfilled. to do this, which is why I have called cuts. We are appreciative of these tax So we find ourselves, 40 years after up this bill, the Grassley-Baucus bill, cuts, $6 billion. But I can tell you that Betsy, having basically a collapse of a why I am going to push and insist and our State needs $9 billion. Maybe we levee system. I would like to be opti- use all the power I have as a Senator could live with $6 billion if we elimi- mistic, but I am not sure I can be, be- from this State of Louisiana, with any- nate some things that we need. Per- cause in 1927 the great flood before one else, Republican or Democrat, who haps we could wait for a couple of Betsy did the same thing. The picture will help to try to get this message to months to get this emergency health I have in the Chamber is eerily the the White House, to the House leader- care relief act. same, except there is no overpass. This ship: Please do not abandon the people We need the $720 million for small first picture was taken in 1927. This of Louisiana again, and the people of business relief already passed in a bi- other one was taken in 2005. You would Mississippi again, and the people of partisan way. We need money for our think that a sophisticated country Alabama again by leaving before we do elementary and secondary schools. And such as ours—sophisticated govern- something to help them in a direct and most importantly, we need money for ments such as ours—would understand concrete manner. our community disaster loans and for that every now and then you have to Now, there have been a lot of press several hospitals in the region. When make smart investments and smart de- releases issued. I will submit those for the whole community was collapsing, cisions about levee protection and the RECORD. There are lots of messages when certain hospitals had to evac- about growth. that people give out, that people are uate, these three hospitals in the met- So I am hoping, since we had this asked to say—things like: The Presi- ropolitan area—West Jefferson, East once in 1927, we flooded again in the dent has called on all Americans to Jefferson, and Oschner, two public hos- 1960s, and now in 2005, we could learn help those in need; the President has pitals and one private hospital—stayed some lessons about how to prevent this asked for this; So and so has asked for open the whole time, never closed their because it is preventable. We are not this; please tell people they are not doors, even with water rising and win- the only people in the world who live alone. dows out and all sorts of disaster and

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That is not counting the thou- stitution may not be able to keep their let go people so these people who are sands of people who were saved by doors open. They are one of the largest trained in the ministry, who deliver Wildlife and Fisheries. employers, most respected institutions. services, who are the social workers of But there is a picture in this maga- What are we going to do, say, sorry, the city, the psychologists of the city, zine of a boat that looks like it is sort come back in a month? They may not the counsellors of the city, the teach- of a blown-up boat with about 12 people be here in a month. ers of the city could go to Atlanta or in it. There are no paddles. So the peo- We don’t even have on this list our Houston or Michigan or Dallas and ple in the boat found some wood float- universities. The University of New Or- come back in a couple years? We need ing in the water and picked up the leans, Southern University, Dillard them to stay there and help us build wood and started paddling. University, Xavier University, Tulane the city and community. This is the picture. I hope the cam- University, Loyola University, and our I am sure that is true in Waveland. I eras can see it. They are going to have largest community college, Delgado, am sure it is true in Pass Christian. I to really blow it up, but here it is. It is which had five feet of water around it. am sure it is true throughout the gulf not very large. But this is what the These are not only the brainpower that coast of Mississippi. Instead we get: Go Senator from Louisiana thinks is being is going to help us rebuild a city great- ask a faith-based institution for help. self-reliant. People found something er and better, higher and stronger and Go ask a church. They are the church. that floated, put themselves and their smarter, these are employers who em- They can’t even save their own em- children in it, found some old wood, ploy thousands of the professionals ployees so how are they going to help and started paddling to safety. And I who make up the heart of our region. everyone else? I don’t know what has have to listen to news people saying We don’t even have them on the list. happened to us as a country. It makes that our people are not self-reliant? They were on the front page of the New me frightened to think about how far I will not apologize for asking for York Times, on CNN last night, saying: we have come as a nation that we don’t help on behalf of the 4.5 million people Does anybody know we are out here? understand the role of the Federal Gov- who live in my State—Black and We are not able to make payroll. ernment at a time such as this, that we White, Hispanic and Asian—who have Why wouldn’t they be able to make are so focused on tax cuts, on other pri- been devastated by this storm, 2 mil- payroll? They have no students in their orities, that when hard-working Ameri- lion of whom have lost their homes and university. So what does the president cans, hard-working American citizens, their neighborhoods. Most of them of the university tell his faculty: Go to who have done nothing but work hard have never asked the Government for Atlanta and come back in 2 years? And all their lives to build some equity, to one thing, have never been on one pro- if Xavier is not functioning, and Dil- get to a place not of luxury but of gram, and they come here to ask for a lard is not functioning, and the Univer- peace and comfort, lose everything in little bit of help and they are told: You sity of New Orleans is not up and oper- the blink of an eye, we have to come up need to be more self-reliant. How much ating, and Tulane can’t get completely here to the Federal Government and more self-reliant can people be other back up, and Loyola, who do the small beg on their behalf, instead of the Fed- than to raise their children, send them businesses we are trying to give tax eral Government saying: This is why to school, balance their budget, pay for credits to, who do they sell their prod- we are here. That is what being part of their house, pay their bills on time, ucts to if there are no large businesses a nation is all about. If one State is and serve in the military? How much that have survived? hurting, the other 49 can lift them up. more self-reliant can they be? Let me talk about one other em- Or if two States are hurting, the other I thought and I think they thought ployer, the Catholic Church. There are 48 can lift them up. they lived in a nation that when some- people in this Congress who have this Instead, we have to listen to editorial thing such as this happened that was idea that in a storm such as this or in after editorial saying: Why can’t Lou- unexpected and not their fault, some- a hurricane or disaster, let’s have isiana be more self-reliant? The State body would be there to help them. All faith-based initiatives. Churches do needs to demonstrate self-reliance. we have is photo ops, message boards, beautiful work. The synagogues do The Budget Director of Louisiana re- and press releases. But when it comes beautiful work. People of faith have ported to our legislature that their rev- down to actually passing some legisla- done so many things that I want to say enues will be short $1 billion out of a tion with some money attached to it thank you to everyone who has helped budget of approximately $14 billion. that could actually help someone, we in every way. But in my city, as a But the State needs to be self-reliant; cannot seem to find the will to do it, Catholic city predominantly, the the people in Louisiana are not self-re- despite the fact that what we are ask- Catholic Church not only runs schools liant. ing for we can take from the FEMA and senior centers and feeding centers I want to show a picture of a woman money and not add anything. Repub- and homeless shelters, they don’t think who I think is self-reliant. She is not licans and Democrats have come to- of themselves as a business. They think on a wagon train out West, but this is gether almost unanimously in support of themselves as a ministry. They, in what I think about self-reliance. She of these, but yet we are going to go fact, are one of the largest employers has her baby in her arms. She is doing home without doing anything. in our region and have been since be- the best she can in a very tough situa- Mr. President, I hope I have made my fore the Government actually existed tion. I want to show some other pic- point. I will be back in the morning to in the way we know it today. In other tures of self-reliance. talk about some other aspects of this words, the Ursuline nuns, the nuns of This is a woman for whom no one recovery. Again, to be perfectly clear, the Holy Sisters, the Sisters of the came. She probably has no car, but she FEMA has been given $51 billion. There Poor, the Jesuits came to the city be- has the two babies that she can carry, is $43 billion, as of yesterday, that is fore we even had an American Govern- and I am sure if she had a third, she unallocated. Everyone agrees that ment and helped to stand the city up. would have managed to put a third one FEMA is not what it used to be, that it That is how long they have been there. in her arms and wade through 5 feet of is not working very well. For whatever They have helped decade after decade, water to try to get these children to reason and for whose ever fault that through the Revolutionary War, the safety. This is what Senator LANDRIEU might be, we cannot fix that overnight. Battle of New Orleans, the Civil War, thinks is being self-reliant. So I am asking to take a few billion of through every tragedy, the nuns, the There is another picture in this mag- that money that is just sitting there priests, the teachers have been there. azine of some people in a boat. There is and allocate it to programs already es- Now their schools are ruined. Their a picture in this magazine of about 10 tablished, that are already working, hospitals are ruined. They come to ask people in a boat. The boat does not that are desperately needed, that have

VerDate Aug 31 2005 05:52 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 0637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S05OC5.REC S05OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE S11172 CONGRESSIONAL RECORD — SENATE October 5, 2005 been agreed to by Republicans and But as a Senator from Louisiana, I We would like the help of this Nation Democrats alike before we leave so we want people to know from our State to build it back higher, stronger, and can give hope to people. that everyone is welcome home. All better. We don’t want to waste a I am going to stand here on this floor people are welcome, and we want ev- penny, but we need this help now. all day tomorrow and use every pres- eryone back. We are doing the very Let us act when we come back early sure point I can to see that some agree- best we can to try to provide and in the morning to get some of this done ment can be reached to do something prioritize what we need to do first, sec- and to work with our colleagues to see before we leave and when we come ond, and third in order to get people that we can get help to the people who back, to agree to up-or-down votes on back and get our communities started are desperately in need of help. some critical bills on which we need again. I yield the floor. action now. We don’t get action on Not only is New Orleans a great city, them, anything we do in January or f February or March or April, in large but the region is pretty spectacular measure, will be for nought because the and special. The whole gulf coast is a ADJOURNMENT UNTIL 9:30 A.M. counties, cities, parishes, police de- place that when you grow up in New TOMORROW partments, and fire departments that Orleans, you know about Waveland, we are trying to help may not make it Pass Christian, places that are very The PRESIDING OFFICER. Under that long. Without them, it is very special to people along that gulf coast. the previous order, the Senate stands hard, if not impossible, to build our Generation after generation of families adjourned until 9:30 a.m. tomorrow. communities and build our cities. have vacationed together and lived to- Thereupon, the Senate, at 11:33 p.m., In conclusion, people want to come gether and worshipped together and adjourned until Thursday, October 6, home. Some people may not be able to. gone to school together, and it is gone. 2005, at 9:30 a.m.

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SENATE COMMITTEE MEETINGS the increased micro-purchase thresh- 10 a.m. Health, Education, Labor, and Pensions Title IV of Senate Resolution 4, old. SD–342 Bioterrorism and Public Health Prepared- agreed to by the Senate on February 4, ness Subcommittee 1977, calls for establishment of a sys- OCTOBER 18 To hold hearings to examine biosurveil- tem for a computerized schedule of all 9:30 a.m. lance. meetings and hearings of Senate com- Judiciary SD–430 mittees, subcommittees, joint commit- To hold hearings to examine comprehen- Energy and Natural Resources tees, and committees of conference. sive immigration reform II. Business meeting to consider pending calendar business. This title requires all such committees SD–226 SD–366 9:50 a.m. to notify the Office of the Senate Daily 2 p.m. Health, Education, Labor, and Pensions Digest—designated by the Rules Com- Health, Education, Labor, and Pensions Business meeting to consider pending mittee—of the time, place, and purpose Employment and Workplace Safety Sub- calendar business. of the meetings, when scheduled, and committee any cancellations or changes in the SD–430 To hold hearings to examine national 2:30 p.m. meetings as they occur. guard and employers. Judiciary SD–430 As an additional procedure along To hold hearings to examine pending ju- with the computerization of this infor- dicial nominations. OCTOBER 20 mation, the Office of the Senate Daily SD–226 10 a.m. Digest will prepare this information for 3 p.m. Health, Education, Labor, and Pensions printing in the Extensions of Remarks Energy and Natural Resources To hold hearings to examine Federal em- To hold hearings to examine national ca- section of the CONGRESSIONAL RECORD ployment programs for persons with pacity for producing innovation in en- on Monday and Wednesday of each disabilities. week. ergy technologies and the importance SD–430 Meetings scheduled for Thursday, Oc- of this innovation to our global eco- Indian Affairs tober 6, 2005 may be found in the Daily nomic competitiveness, including the To hold hearings to examine Indian results of a related forthcoming Na- Digest of today’s RECORD. water rights settlement policy effects tional Academy of Sciences report. on the Duck Valley Reservation pro- MEETINGS SCHEDULED SD–366 posed settlement agreement. SR–485 OCTOBER 7 OCTOBER 19 10:30 a.m. 9:30 a.m. 9:30 a.m. Agriculture, Nutrition, and Forestry Joint Economic Committee Indian Affairs To hold hearings to examine USDA Farm To hold hearings to examine the employ- Business meeting to consider S. 1057, to Service Agency Office consolidation ment situation for September. amend the Indian Health Care Improve- plan known as FSA Tomorrow. 1334 LHOB ment Act to revise and extend that SR–328A 10 a.m. Act. Homeland Security and Governmental Af- SR–485 OCTOBER 26 fairs Judiciary 9:30 a.m. Business meeting to consider the nomi- To hold hearings to examine issues and Indian Affairs nation of Julie L. Myers, of Kansas, to implications regarding reporters’ privi- To hold an oversight hearing to examine be an Assistant Secretary of Homeland lege legislation. In Re Tribal Lobbying Matters, Et Al. Security, and an original bill to repeal SD–226 Room to be announced

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 02:44 Oct 06, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M05OC8.000 E05OCPT1 Wednesday, October 5, 2005 Daily Digest Senate Stevens (for Isakson) Amendment No. 1925, to Chamber Action provide that, of the amount made available under Routine Proceedings, pages S11059–S11172 title IV for the Army for research, development, test, Measures Introduced: Six bills and three resolu- and evaluation, up to $1,000,000 may be made tions were introduced, as follows: S. 1820–1825, and available for an environmental management and S. Res. 265–267. Page S11130 compliance information system. Page S11078 Measures Passed: Stevens (for Santorum) Modified Amendment No. 1889, to provide that, of the amount made available Family History Month: Senate agreed to S. Res. for research, development, test and evaluation for the 266, designating the month of October 2005, as Army, up to $2,000,000 may be made available for ‘‘Family History Month’’. Page S11166 medical advanced technology for applied emergency Senate Legal Representation: Senate agreed to S. hypothermia for advanced combat casualty life sup- Res. 267, to authorize testimony document produc- port. Page S11078 tion, and legal representation in State of New Byrd/Feingold Amendment No. 1992, to express Hampshire v. Anne Miller, Mary Lee Sargent, Jessica the sense of the Senate on budgeting for ongoing Ellis, Lynn Chong, Donald Booth, Eileen Reardon. military operations in Iraq, Afghanistan, and else- Page S11166 where overseas. Pages S11078–81 Department of Defense Appropriations: Senate Dodd Amendment No. 1970, to improve the au- continued consideration of H.R. 2863, making ap- thority for reimbursement for protective, safety, and propriations for the Department of Defense for the health equipment purchased for members of the fiscal year ending September 30, 2006, taking action Armed Forces deployed in Iraq and Central Asia. on the following amendments proposed thereto: Pages S11085–88 Pages S11061–S11120 Inouye (for Lautenberg) Amendment No. 1963, to Adopted: require the Secretary of Defense to maintain a Stevens (for Mikulski) Amendment No. 1996, to website listing information on Federal contractor provide that, of the amount made available under misconduct, and to require reports on Federal no-bid title III for the Navy for other procurement, up to contracts related to Iraq reconstruction. Page S11095 $3,000,000 may be made available for the Joint Stevens (for Shelby) Amendment No. 2016, to Aviation Technical Data Integration Program. prohibit the transfer from the Army of authority re- Pages S11077–S11088 lating to the tactical unmanned aerial vehicles. Stevens (for Salazar) Amendment No. 1887, to re- Page S11095 name the death gratuity payable for deaths of mem- Stevens (for Nelson (FL)) Amendment No. 1914, bers of the Armed Forces as fallen hero compensa- to make available, from the amount appropriated in tion. Page S11077 title III under the heading ‘‘Other Procurement, Stevens (for Bingaman/Domenici) Amendment Navy’’ up to $2,000,000 may be used for the Surface No. 1895, to make available up to $3,000,000 from Sonar Dome Window Program. Page S11101 Research, Development, Test, and Evaluation, Air Stevens (for Dodd/Lieberman) Amendment No. Force, for assurance for the Field Programmable Gate 1972, to make available $700,000 from Research, Array. Pages S11077, S11088 Development, Test, and Evaluation, Army for Med- Stevens (for Bennett) Amendment No. 2017, to ical Countermeasures to Nerve Agents. Page S11101 make available, from amounts appropriated for the Stevens (for Lieberman) Amendment No. 1962, to Research, Development, Test, and Evaluation, Army make available $5,000,000 from Research, Develop- account up to $1,000,000 for the Chemical Biologi- ment, Test, and Evaluation, Defense-Wide, for High cal Defense Material Test and Evaluation Initiative Performance Defense Manufacturing Technology Re- (PE 0605602A). Pages S11077–78, S11088 search and Development. Page S11101 D1011

VerDate Aug 31 2005 06:41 Oct 06, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC5.REC D05OCPT1 D1012 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2005 Stevens (for Chambliss) Modified Amendment No. may be available for the rapid mobilization of the 1979, to provide that, of the amount made available New England Manufacturing Supply Chain Initia- under title II for Operation and Maintenance, Army, tive. Page S11107 up to $600,000 may be made available for removal Stevens (for Kerry/Kennedy) Modified Amend- of unexploded ordnance at Camp Wheeler, Georgia. ment No. 2027, to provide that, of the amount Pages S11101–02, S11115 made available under title IV for the Navy for re- Stevens (for Lott) Amendment No. 1976, to make search, development, test, and evaluation, up to available $4,000,000 from Research, Development, $1,000,000 may be made available for Marine Corps Test, and Evaluation, Army, for the development of assault vehicles for development of carbon fabric- light-weight rigid-rod ammunition. Page S11101 based friction materials to optimize the cross-drive Stevens (for Roberts) Amendment No. 1945, to transmission brake system of the Expeditionary make available, from the amount appropriated in Fighting Vehicle. Page S11107 title VII under the heading ‘‘Intelligence Commu- Stevens (for Reed) Amendment No. 2010, to nity Management Account’’, up to $2,000,000 may make available $2,000,000 from Research, Develop- be used for the Pat Roberts Intelligence Scholars ment, Test, and Evaluation for the Navy for the Program. Pages S11101–02 Shipboard Automated Reconstruction Capability. Stevens (for Grassley) Amendment No. 2002, to Page S11107 make available $1,000,000 from Research, Develop- Stevens (for Cornyn) Modified Amendment No. ment, Test, and Evaluation for the Army for the 1947, from amounts available in Title IV under the Multipurpose Utility Vehicle. Page S11106 heading Research, Development, Test and Evalua- Stevens (for Voinovich) Modified Amendment No. tion, Army, up to $1,000,000 may be available for 1986, of the amounts provided for the Navy for re- Recombinant Activated Factor VII. Page S11107 search, development, test, and evaluation up to Stevens (for Talent) Modified Amendment No. $3,000,000 may be available for land attack tech- 2030, to provide for the procurement of 42 addi- nology for the Millennium Gun System. Page S11106 tional C–17 aircraft. Page S11107 Stevens (for Graham) Amendment No. 2028, to Stevens (for Boxer) Amendment No. 2012, to pro- make available $2,000,000 from Research, Develop- ment, Test, and Evaluation for the Army for vide for a Department of Defense task force on mental health. Pages S11107–08 Moldable Armor. Page S11106 Stevens (for Feingold/Coleman) Modified Amend- Stevens (for Kennedy) Modified Amendment No. ment No. 1906, to provide for the establishment of 1991, to make available additional amounts for de- a pilot project to create a civilian language reserve fense basic research programs. Pages S11108, S11109 corps in order to improve national security by in- Stevens (for Murray) Modified Amendment No. creasing the availability of translation services and 1964, to provide for studies of means of improving related duties. Pages S11106–07 the transition assistance services of the Department Stevens (for Akaka) Modified Amendment No. of Defense and other benefits for members of the 1899, to make available up to $5,000,000 for the National Guard and the Reserves. Page S11109 participation of Vet centers in the transition assist- Stevens (for Coburn) Amendment No. 1948, to ance programs of the Department of Defense for require that any limitation, directive, or ear-marking members of the Armed Forces. Page S11107 contained in either the House of Representatives or Stevens (for Cantwell) Amendment No. 2008, to Senate report accompanying this bill be included in make available, from funds appropriated for research, the conference report or joint statement accom- development, test and evaluation, Air Force, up to panying the bill in order to be considered as having $2,500,000 for advanced technology for IRCM com- been approved by both Houses of Congress. ponent improvement. Page S11107 Page S11109 Stevens (for Allen) Modified Amendment No. Stevens (for Alexander) Modified Amendment No. 1989, from funds appropriated for research, develop- 2029, to require a report on the use of ground ment, test and evaluation, Army, and available for source heat pumps at Department of Defense facili- demonstration and validation, up to $5,000,000 may ties. Page S11109 be available for the Plasma Energy Pyrolysis System Stevens (for Warner) Modified Amendment No. (PEPS), Operational Gasification unit. Page S11107 1927, to make available up to $1,500,000 for the Stevens (for Snowe) Modified Amendment No. Navy for research, development, test, and evaluation, 1911, to provide that, of the amount authorized to to be available for research within the High-Bright- be appropriated for the use of the Department of ness Electron Source program. Page S11109 Defense for research, development, test, and evalua- By 90 yeas to 9 nays (Vote No. 249), McCain tion for Defense-wide activities, up to $5,000,000 Amendment No. 1977, relating to persons under the

VerDate Aug 31 2005 06:41 Oct 06, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC5.REC D05OCPT1 October 5, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1013 detention, custody, or control of the United States nance, Marine Corps, Operation and Maintenance, Government. Pages S11061–72, S11075–76, S11094, S11114 Defense-wide activities, and Military Personnel in McCain Amendment No. 1978, to prohibit the order to provide for increased personnel strengths for use of funds to pay salaries and expenses and other the Army and the Marine Corps for fiscal year 2006. costs associated with reimbursing the Government of Page S11061 Uzbekistan for services rendered to the United States Coburn Amendment No. 2005, to curtail waste at Karshi-Khanabad airbase in Uzbekistan. under the Department of Defense web-based travel Pages S11115 system. Pages S11082–85 Stevens (for Hatch) Amendment No. 2001, to ex- During consideration of this measure today, Senate press the sense of the Senate regarding the invest- also took the following action: ment of funds as called for in the Depot Mainte- By 49 yeas to 50 nays (Vote No. 247), Senate re- nance Strategy and Master Plan of the Air Force. jected the defense of germaneness relative to Warner/ Page S11119 Levin Modified Amendment No. 1955, to authorize Stevens (for Schumer/Clinton) Modified Amend- appropriations for fiscal year 2006 for military ac- ment No. 2038, to make available $5,000,000 from tivities of the Department of Defense, for military Procurement of Weapons and Tracked Combat Vehi- construction, and for defense activities of the Depart- cles for the Army for the Arsenal Support Program ment of Energy, to prescribe personnel strengths for Initiative and to allocate such amounts. Page S11118 such fiscal year for the Armed Forces. Subsequently, Stevens (for Kennedy/Bond) Amendment No. the amendment fell. Pages S11088–94, S11109–12 1923, to make available $4,000,000 from Research, By 56 yeas to 43 nays (Vote No. 248), three-fifths Development, Test, and Evaluation, Defense-Wide, of those Senators duly chosen and sworn, not having for Oral Anthrax/Plague Vaccine Development. voted in the affirmative, Senate rejected the motion Page S11118 to waive section 302(f) of the Congressional Budget Stevens (for Sarbanes) Modified Amendment No. Act of 1974, with respect to Bayh Amendment No. 1969, to authorize the Secretary of the Navy to do- 1933, to increase by $360,800,000 amounts appro- nate the World War II-era marine railway located at priated by title IX for Other Procurement, Army, the United States Naval Academy to the Richardson for the procurement of armored Tactical Wheeled Maritime Heritage Center, Cambridge, Maryland, for Vehicles for units deployed in Iraq and Afghanistan, non-commercial purposes. Page S11119 and to increase by $5,000,000 amounts appropriated Stevens (for McConnell) Amendment No. 2042, to by title IX for Research, Development, Test and recognize U.S. military personnel serving in Afghan- Evaluation, Defense-Wide, for industrial prepared- istan and Iraq. Page S11119 ness for the implementation of a ballistics engineer- Landrieu Modified Amendment No. 1942, to ing research center. Subsequently, the point of order make available $10,000,000 for Operation and that the amendment was in violation of section Maintenance, Air Force, and $20,000,000 for Other 302(f) of the Congressional Budget Act of 1974, was Procurement, Air Force, for the implementation of sustained, and the amendment thus fell. long-range wireless telecommunication capabilities Pages S11112–13 for the Gulf States and key entities within the By 50 yeas to 49 nays (Vote No. 250), three-fifths Northern Command Area of Responsibility. of those Senators duly chosen and sworn, not having Pages S11095–99, S11118 voted in the affirmative, Senate rejected the motion Stevens (for Graham/McCain) Modified Amend- to waive section 402 of H. Con. Res. 95, Congres- ment No. 2004, to require the President to submit sional Budget Resolution, with respect to the emer- the procedures for the Combatant Status Review Tri- gency designation provision in Kerry Amendment bunals and Administrative Review Boards to deter- No. 2033, to provide for appropriations for the Low- mine the status of detainees held at Guantanamo Income Home Energy Assistance Program. Subse- Bay, Cuba. Pages S11072, S11102, S11119 quently, a point of order that the emergency des- Stevens (for Conrad/Dorgan) Modified Amend- ignation provision would violate section 402 of H. ment No. 1882, to increase, with an offset, amounts Con. Res. 95 was sustained and the provision was available for the procurement of Predator unmanned stricken. Also, the Chair sustained a point order that aerial vehicles. Page S11118 the amendment violated section 302(f) of the Con- Pending: gressional Budget Act of 1974 as altered by the pre- Reed/Hagel Amendment No. 1943, to transfer vious point of order and the amendment thus fell. certain amounts from the supplemental authoriza- Pages S11115–16 tions of appropriations for Iraq, Afghanistan, and the By 48 yeas to 51 nays (Vote No. 251), three-fifths Global War on Terrorism to amounts for Operation of those Senators duly chosen and sworn, not having and Maintenance, Army, Operation and Mainte- voted in the affirmative, Senate rejected the motion

VerDate Aug 31 2005 06:41 Oct 06, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC5.REC D05OCPT1 D1014 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2005 to waive section 302(f) of the Congressional Budget remarks of the Majority Leader in today’s Record on Act of 1974, with respect to Stabenow Amendment page S11166.) No. 1937, to ensure that future funding for health care for former members of the Armed Forces takes Committee Meetings into account changes in population and inflation. Subsequently, the point of order that the amendment (Committees not listed did not meet) would provide spending in excess of the subcommittee’s 302(b) allocation was sustained, and the amend- SPYWARE ment thus fell. Page S11117 Committee on Commerce, Science, and Transportation: Sub- By 94 yeas to 4 nays (Vote No. 252), three-fifths committee on Trade, Tourism, and Economic Devel- of those Senators duly chosen and sworn, having opment concluded a hearing to examine the impact voted in the affirmative, Senate agreed to the motion of spyware that is downloaded without authorization to close further debate on the bill. Page S11118 on consumers and the Internet as a medium of com- A unanimous-consent agreement was reached pro- munication and commerce, and Federal efforts to viding for further consideration of the bill at 9:30 protect consumers from this problem, after receiving a.m. on Thursday, October 6, 2005; and that, not- testimony from Deborah Platt Majoras, Chairman, withstanding the adjournment of the Senate, all time Federal Trade Commission. overnight be counted against the 30 hours post clo- KYOTO PROTOCOL: GREENHOUSE GASES ture. Page S11166 Committee on Environment and Public Works: Com- Appointments: mittee concluded a hearing to examine the status of United States-China Economic Security and Re- efforts to reduce greenhouse gases relating to the view Commission: The Chair, on behalf of the Presi- Kyoto Protocol, which is an amendment to the dent pro tempore, pursuant to Public Law 106–398, United Nations Framework Convention on Climate as amended by Public Law 108–7, in accordance Change (UNFCCC) requiring countries which ratify with the qualifications specified under section this protocol to commit to reduce their emissions of 1238(b)(3)(E) of Public Law 106–398, and upon the carbon dioxide and five other greenhouse gases, or recommendation of the Democratic Leader, in con- engage in emissions trading if they maintain or in- sultation with the chairmen of the Senate Committee crease emissions of these gases, after receiving testi- on Armed Services and the Senate Committee on Fi- mony from Harlan L. Watson, Senior Climate Nego- nance, reappointed the following individuals to the tiator and Special Representative, Bureau of Oceans United States-China Economic Security and Review and International Environmental and Scientific Af- Commission: C. Richard D’Amato of Maryland for a fairs, Department of State; Lord Nigel Lawson, term beginning January 1, 2006 and expiring De- House of Lords, and Michael Grubb, Imperial Col- cember 31, 2007, and William A. Reinsch of Mary- lege London Department of Environmental Science land for a term beginning January 1, 2006 and ex- and Technology, both of the United Kingdom; and piring December 31, 2007. Page S11165 Margo Thorning, American Council for Capital For- mation, Washington, D.C. Executive Communications: Pages S11126–27 BUSINESS MEETING: NOMINATIONS Executive Reports of Committees: Pages S11127–30 Committee on Foreign Relations: Committee ordered fa- Additional Cosponsors: Pages S11130–32 vorably reported the nominations of Robert A. Statements on Introduced Bills/Resolutions: Mosbacher, of Texas, to be President of the Overseas Pages S11132–43 Private Investment Corporation, Jan E. Boyer, of Additional Statements: Pages S11124–26 Texas, to be United States Alternate Executive Di- rector of the Inter-American Development Bank, Amendments Submitted: Pages S11143–64 Francis Rooney, of Florida, to be Ambassador to the Notices of Hearings/Meetings: Pages S11164–65 Holy See, Alfred Hoffman, of Florida, to be Ambas- Authority for Committees to Meet: Page S11165 sador to the Republic of Portugal, Thomas A. Shan- non, Jr., of Virginia, to be an Assistant Secretary of Privilege of the Floor: Page S11165 State for Western Hemisphere Affairs, Charles A. Record Votes: Six record votes were taken today. Ford, of Virginia, to be Ambassador to the Republic (Total—252) Pages S11112, S11113, S11114, S11116, of Honduras, Mark Langdale, of Texas, to be Ambas- S11117, S11118 sador to the Republic of Costa Rica, Brenda La- Adjournment: Senate convened at 10:01 a.m., and Grange Johnson, of New York, to be Ambassador to adjourned at 11:33 p.m., until 9:30 a.m., on Thurs- Jamaica, Alexander R. Vershbow, of the District of day, October 6, 2005. (For Senate’s program, see the Columbia, to be Ambassador to the Republic of

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Korea, Patricia Louise Herbold, of Washington, to Foreign Service Officer promotion list received in the be Ambassador to the Republic of Singapore, Wil- Senate on July 29, 2005. liam Paul McCormick, of Oregon, to be Ambassador to New Zealand, and serve concurrently and without INTELLIGENCE additional compensation as Ambassador to Samoa, Select Committee on Intelligence: Committee met in John J. Danilovich, of California, to be Chief Execu- closed session to receive a briefing on certain intel- tive Officer, Millennium Challenge Corporation, ligence matters from officials of the intelligence John Hillen, of Virginia, to be Assistant Secretary of community. State for Political-Military Affairs, Barry F. Lowenkron, of Virginia, to be Assistant Secretary of OLDER AMERICANS’ NEEDS DURING State for Democracy, Human Rights, and Labor, DISASTERS Kent R. Hill, of Virginia, to be Assistant Adminis- Special Committee on Aging: Committee held a hearing trator of the United States Agency for International to examine preparing for and meeting the needs of Development, Jacqueline Ellen Schafer, of the Dis- older Americans during a disaster, focusing on sen- trict of Columbia, to be Assistant Administrator of iors in nursing homes or assisted living facilities, or- the United States Agency for International Develop- ganizing safe and accessible transportation, tem- ment, Josette Sheeran Shiner, of Virginia, to be porary housing, and providing continuity of services United States Alternate Governor of the Inter- to older evacuees, receiving testimony from Keith national Bank for Reconstruction and Development Bea, Specialist, American National Government, for a term of five years; United States Alternate Gov- Government and Finance Division, Congressional ernor of the Inter-American Development Bank for Research Service, Library of Congress; Maria Greene, a term of five years; United States Alternate Gov- Georgia Department of Human Resources, Atlanta; ernor of the African Development Bank for a term Jeffrey Goldhagen, Duval County Health Depart- of five years; United States Alternate Governor of the ment, Jacksonville, Florida; Leigh E. Wade, Area African Development Fund; United States Alternate Agency on Aging of Southwest Florida, Inc., Fort Governor of the Asian Development Bank; and Myers, on behalf of the National Association of Area United States Alternate Governor of the European Agencies on Aging; Carolyn S. Wilken, University Bank for Reconstruction and Development, Jendayi of Florida, Gainesville; and Susan C. Waltman, Elizabeth Frazer, Assistant Secretary of State for Afri- Greater New York Hospital Association, New York, can Affairs, to be a Member of the Board of Direc- New York. tors of the African Development Foundation, and a Hearing recessed subject to the call. h House of Representatives Chamber Action COMMITTEE MEETINGS FOR THURSDAY, The House was not in session today. The House OCTOBER 6, 2005 will meet at 10 a.m. on Thursday, October 6 for (Committee meetings are open unless otherwise indicated) Legislative Business. Senate Committee Meetings Committee on Appropriations: Subcommittee on District of Columbia, to hold hearings to examine the potential FEDERAL WORKFORCE—ACCOUNTABILITY for Marriage Development Accounts in the District of AND REWARDS Columbia, 10:30 a.m., SD–138. Committee on Government Reform, Subcommittee on Committee on Armed Services: to hold hearings to examine Federal Workforce and Agency Organization held a the nominations of Michael W. Wynne, of Florida, to be hearing entitled ‘‘Mom, Apple Pie, and Working for Secretary of the Air Force, and Donald C. Winter, of Vir- ginia, to be Secretary of the Navy, 10 a.m., SD–106. America: Accountability and Rewards for the Federal Committee on Banking, Housing, and Urban Affairs: to Workforce.’’ Testimony was heard from Linda M. hold hearings to examine the implementation of the Springer, Director OPM; David M. Walker, Comp- Exon-Florio provision by the Committee on Foreign In- troller General, GAO; Theresa S. Shaw, Chief Oper- vestment in the United States (CFIUS), Department of ating Officer, Office of Federal Student Aid, Depart- the Treasury, which seeks to serve U.S. investment policy ment of Education; and public witnesses. through reviews that protect national security while

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maintaining the credibility of open investment policy, 10 Subcommittee on Oversight of Government Manage- a.m., SD–538. ment, the Federal Workforce, and the District of Colum- Committee on Energy and Natural Resources: to hold hear- bia, to hold hearings to examine improving Department ings to examine Hurricanes Katrina and Rita’s effects on of Defense logistics, focusing on a piece of the Depart- energy infrastructure and that status of recovery efforts in ment’s business transformation efforts, supply chain man- the Gulf Coast region, 10 a.m., SD–366. agement, 2:30 p.m., SD–342. Subcommittee on Water and Power, to hold hearings Subcommittee on Federal Financial Management, Gov- to examine S. 1025, to amend the Act entitled ‘‘An Act ernment Information, and International Security, to hold to provide for the construction of the Cheney division, hearings to examine how the Federal government lease Wichita Federal reclamation project, Kansas’’ to authorize needed space, 2:30 p.m., SD–562. the Equus Beds Division of the Wichita Project, S. 1498, Committee on the Judiciary: business meeting to consider to direct the Secretary of the Interior to convey certain pending calendar business, 9:30 a.m., SD–226. water distribution facilities to the Northern Colorado Full Committee, to hold hearings to examine the Water Conservancy District, S. 1529, to provide for the nominations of Wan J. Kim, of Maryland, to be Assistant conveyance of certain Federal land in the city of Yuma, Attorney General, Civil Rights Division, Steven G. Arizona, S. 1578, to reauthorize the Upper Colorado and Bradbury, of Maryland, to be Assistant Attorney General, San Juan River Basin endangered fish recovery implemen- Office of Legal Counsel, Sue Ellen Wooldridge, of Vir- tation programs, and S. 1760, to authorize early repay- ginia, to be Assistant Attorney General, Environment and ment of obligations to the Bureau of Reclamation within Natural Resources Division, and Thomas O. Barnett, of Rogue River Valley Irrigation District or within Medford Virginia, to be Assistant Attorney General, Antitrust Di- Irrigation District, 3 p.m., SD–366. vision, all of the Department of Justice, 2:30 p.m., Committee on Environment and Public Works: business SD–226. meeting to consider the nominations of Santanu K. Select Committee on Intelligence: to receive a closed brief- Baruah, of Oregon, to be Assistant Secretary of Commerce ing regarding certain intelligence matters, 3 p.m., for Economic Development, George M. Gray, of Massa- SH–219. chusetts, to be an Assistant Administrator of the Environ- mental Protection Agency, Lyons Gray, of North Caro- House lina, to be Chief Financial Officer, Environmental Protec- Committee on Appropriations, Subcommittee on Home- tion Agency, H. Dale Hall, of New Mexico, to be Direc- land Security, hearing on Financial Oversight of Supple- tor of the United States Fish and Wildlife Service, and mental Appropriations for Hurricane Katrina, 2 p.m., Edward McGaffigan, Jr., of Virginia, to be a Member of 2359 Rayburn. the Nuclear Regulatory Commission, 9:30 a.m., SD–406. Subcommittee on the Departments of Transportation, Full Committee, to hold hearings to examine actions Treasury, and Housing and Urban Development, the Ju- of the Environmental Protection Agency, the Army Corps diciary, District of Columbia, and Independent Agencies, of Engineers and the Federal Highway Administration re- hearing on Department of Transportation (Hurricane lating to Hurricane Katrina, 9:35 a.m., SD–406. Katrina), 10 a.m., 2358 Rayburn. Committee on Finance: to hold hearings to examine the Committee on the Budget, hearing on After the Hurri- future of the Gulf Coast, focusing on the use of tax policy canes: Impact on the Fiscal Year 2007 Budget, 2 p.m., to help rebuild businesses and communities and support 210 Cannon. families after disasters, 10 a.m., SD–215. Committee on Energy and Commerce, Subcommittee on Subcommittee on International Trade, to hold hearings Oversight and Investigations, hearing entitled ‘‘FCC’s E- to examine the U.S.-Bahrain Free Trade Agreement, 2:30 rate Plans to Assist Gulf Coast Recovery,’’ 1 p.m., 2123 p.m., SD–215. Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on International Relations, oversight hearing ine the nominations of Jennifer L. Dorn, of Nebraska, to entitled ‘‘The Six-Party Talks and the North Korean Nu- be United States Alternate Executive Director of the clear Issues: Old Wine in New Bottles?’’ 10:30 a.m., International Bank for Reconstruction and Development, 2172 Rayburn. and Donald A. Gambatesa, of Virginia, to be Inspector Subcommittee on Africa, Global Human Rights and General, United States Agency for International Develop- International Operations, oversight hearing entitled ‘‘In- ment, 11 a.m., SD–419. dia’s Unfinished Agenda: Equality and Justice for 200 Full Committee, to hold hearings to examine the Million Victims of the Caste System,’’ 2 p.m., 2172 Ray- nominations of David B. Dunn, of California, to be Am- burn. bassador to the Togolese Republic, and Carmen Maria Committee on the Judiciary, Subcommittee on Commer- Martinez, of Florida, to be Ambassador to the Republic cial and Administrative Law, hearing on H.R. 1369, To of Zambia, and Michael R. Arietti, of Connecticut, to be prevent certain discriminatory taxation of natural gas Ambassador to the Republic of Rwanda, 2:30 p.m., pipeline property, 2 p.m., 2141 Rayburn. SD–419. Subcommittee on Courts, the Internet, and Intellectual Committee on Homeland Security and Governmental Affairs: Property, oversight hearing on Improving Federal Court to hold hearings to examine Federal Emergency Manage- Adjudication of Patent Cases, 4:30 p.m., 2141 Rayburn. ment Agency (FEMA) status report on recovery efforts in Committee on Resources, Subcommittee on Water and the Gulf States, 9 a.m., SD–342. Power, hearing on the following bills: H.R. 122, Eastern

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Municipal Water District Recycled Water System Pres- nary engineering for the Municipal Water District of Or- surization and Expansion Project; H.R. 2341, To amend ange County, California, Dana Point Desalination Project the Reclamation Wastewater and Groundwater Study and located at Dana Point, California, 2 p.m., 1324 Long- Facilities Act to authorize the Secretary of the Interior to worth. participate in the design, planning, and construction of a Committee on Rules, to consider H.R. 3893, Gasoline for project to reclaim and reuse wastewater within and out- America’s Security Act of 2005, 4 p.m., H–313 Capitol. side of the service area of the City of Austin Water and Committee on Transportation and Infrastructure, Sub- Wastewater Utility, Texas; H.R. 3418, Central Texas committee on Economic Development, Public Buildings Water Recycling Act of 2005; and H.R. 3929, To amend and Emergency Management, oversight hearing entitled the Water Desalination Act of 1996 to authorize the Sec- ‘‘Recovering after Katrina: Ensuring that FEMA is up to retary of the Interior to assist in research and develop- the task,’’ 11 a.m., 2167 Rayburn. ment, environmental and feasibility studies, and prelimi-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 6 10 a.m., Thursday, October 6

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of H.R. 2863, Defense Appropriations.

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