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

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

Vol. 151 WASHINGTON, TUESDAY, NOVEMBER 15, 2005 No. 151 House of Representatives The House met at 10:30 a.m. and was certainly did not manipulate or mis- ligence Committee has been disputed called to order by the Speaker pro tem- represent any intelligence to Congress, by several senior intelligence officials. pore (Mr. GOHMERT). the American people or to the inter- Richard Kerr, the former acting CIA di- f national community. rector, who led an internal investiga- Mr. Speaker, this is just one more tion of the CIA’s failure to correctly DESIGNATION OF SPEAKER PRO false claim in a history of falsehoods analyze Iraq’s weapons of mass de- TEMPORE put forward by this administration in struction capability, stated that the The SPEAKER pro tempore laid be- its effort to cover up its failures in intelligence analysts were pressured fore the House the following commu- Iraq. Today’s New York Times edi- and heavily so. Senators ROCKEFELLER, nication from the Speaker: torial attempts to set the record DURBIN and LEVIN noted in their additional views to the Senate Intelligence WASHINGTON, DC, straight on the Bush coverup of the November 15, 2005. truth. Committee’s report that the CIA’s I hereby appoint the Honorable LOUIE On Veterans Day, President Bush independent review found, and I quote, GOHMERT to act as Speaker pro tempore on claimed that Congress had access to significant pressure on the intelligence this day. the same intelligence as his adminis- community to find evidence that sup- J. DENNIS HASTERT, tration. This is patently false. Accord- ported a connection between Iraq and Speaker of the House of Representatives. ing to the Washington Post and The al Qaeda. f New York Times, President Bush and A second independent investigation by the CIA ombudsman found that the, MORNING HOUR DEBATES his aides had access to much more vo- luminous intelligence information quote, hammering by the Bush Admin- The SPEAKER pro tempore. Pursu- than did lawmakers, who are dependent istration on Iraq intelligence was unusual and that George Tenet confirmed ant to the order of the House of Janu- on his administration to provide Con- that agency officials had raised with ary 4, 2005, the Chair will now recog- gress with materials. him personally the matter of pressure nize Members from lists submitted by More recently, the President has as- on analysts. the majority and minority leaders for serted that Congress had more intel- morning hour debates. The Chair will President Bush tries to assert that ligence information than the White President Clinton believed in the same alternate recognition between the par- House. This is so patently absurd, I ties, with each party limited to not to threat. What he leaves out is that barely know how to respond. The only President Clinton has repeatedly as- exceed 30 minutes, and each Member, intelligence materials the Congress except the majority leader, the minor- serted that he believes it was a mis- has, it receives from the President and take to invade Iraq before the United ity leader, or the minority whip, lim- his administration. Nations weapons inspectors had a ited to not to exceed 5 minutes. The President has gone on to state chance to complete their investigation. The Chair recognizes the gentleman that the bipartisan investigation car- In fact, the U.N. investigation was from Massachusetts (Mr. MCGOVERN) ried out by the Senate Intelligence aborted before it even had a chance to for 5 minutes. Committee found, and I again quote, no really begin by the launch of U.S. mili- f evidence of political pressure to change tary operations. the intelligence community’s judg- Mr. Speaker, President Bush asserts PRESIDENT BUSH CAN’T REWRITE ments related to Iraq’s weapons pro- that other governments’ intelligence HISTORY grams. agencies agreed with ours. That is sim- Mr. MCGOVERN. Mr. Speaker, begin- This claim is wrong on several ply false. Many countries felt that the ning on Veterans Day, President Bush counts. First, the Senate Select Com- U.S. intelligence was faulty or over- has begun a series of attacks against mittee on Intelligence has not yet done blown and did not agree with their own his critics on the war in Iraq. He has its inquiry into whether Bush officials intelligence data, and that is why they been supported by a well-orchestrated mischaracterized or misrepresented in- opposed us in the United Nations Secu- set of groupies of conservative policy- telligence. rity Council or declined to provide makers, Members of Congress and talk- Second, the Senate Intelligence Com- troops for our invasion. Even this year ing heads all spouting the same line, mittee’s first report did find that the we have heard Vice President CHENEY that the Bush Administration was not national intelligence estimate was ma- continue to imply that Iraq was some- alone in believing that Iraq had weap- nipulated. how tied to the September 11 attacks ons of mass destruction. Everyone Finally, the overall soft approach of and was developing weapons of mass thought so. And the administration this first report by the Senate Intel- destruction.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.000 H15NOPT1 H10164 CONGRESSIONAL RECORD — HOUSE November 15, 2005 Well, let us set the record straight. Foreign intelligence services did not have but it is Mr. Bush and his team who are re- There were no weapons of mass de- full access to American intelligence. But writing history. struction, there were no ties to al some had dissenting opinions that were ig- f Qaeda, there was no imminent threat. nored or not shown to top American officials. Congress had nothing close to the NEW DAY FOR HEALTH CARE The arguments in favor of war pre- President’s access to intelligence. The Na- sented to Congress and the American The SPEAKER pro tempore. Pursu- tional Intelligence Estimate presented to ant to the order of the House of Janu- people by the President deliberately Congress a few days before the vote on war used the most inflammatory of lan- was sanitized to remove dissent and make ary 4, 2005, the gentleman from Georgia guage. conjecture seem like fact. (Mr. PRICE) is recognized during morn- Mr. Speaker, I would like to say one It’s hard to imagine what Mr. Bush means ing hour debates for 5 minutes. more word on the President’s latest se- when he says everyone reached the same Mr. PRICE of Georgia. Mr. Speaker, ries of attacks. He says that those of us conclusion. There was indeed a widespread contrary to what some of my friends on who criticize the war, who called for belief that Iraq had chemical and biological the other side of the aisle do, I like to weapons. But Mr. Clinton looked at the data withdrawal, or who focused on how the take this time, morning hour, and and concluded that inspections and pressure share a little good news with the Amer- American people were deliberately mis- were working—a view we now know was ac- led into supporting the invasion on curate. France, Russia and Germany said ican people, because this is an exciting Iraq, that somehow we are betraying war was not justified. Even Britain admitted day. It is a new day for health care in our troops and advocating a cut-and- later that there had been no new evidence our Nation. It is a day of great oppor- run strategy. about Iraq, just new politics. tunity for seniors all across our Na- Mr. Speaker, our troops, who have The administration had little company in tion. Today is the first day that seniors carried out this mission with courage, saying that Iraq was actively trying to build all across America are able to sign up dignity and sacrifice, represent our Na- a nuclear weapon. The evidence for this voluntarily and participate in the new claim was a dubious report about an attempt tion with honor, but they have been be- in 1999 to buy uranium from Niger, later Medicare part D prescription drug pro- trayed. They have been betrayed by shown to be false, and the infamous alu- gram. policymakers who rushed into a war on minum tubes story. That was dismissed at As many members of Congress know, false pretenses, they were betrayed by the time by analysts with real expertise. I am a third-generation physician, and policymakers who sent them into The Bush administration was also alone in the things that were available to treat harm’s way and overruled the good ad- making the absurd claim that Iraq was in patients by my father and my grand- vice of our top military leaders as to league with Al Qaeda and somehow con- father have changed so significantly. troop strength and post-invasion plan- nected to the 9/11 terrorist attacks. That was based on two false tales. One was the sup- The kinds of things that I was able to ning, and they have been betrayed by posed trip to Prague by Mohamed Atta, a reuse to take care of patients were re- policymakers who will not admit that port that was disputed before the war and markably different than those that my mistakes were made and significant came from an unreliable drunk. The other father and grandfather were able to changes in policy are required in order was that Iraq trained Qaeda members in the use. Medicine is an evolving science, to bring them home safe and sound. use of chemical and biological weapons. Be- and it changes almost daily. Critics of this policy strongly sup- fore the war, the Defense Intelligence Agen- But the Medicare program, like most port reconstruction assistance for Iraq. cy concluded that this was a deliberate fab- government programs, has not kept up. rication by an informer. We strongly support the training and When Medicare started 40 years ago, equipping of Iraqi security forces. We Mr. Bush has said in recent days that the first phase of the Senate Intelligence Com- there really were very few medications strongly support internationally sup- mittee’s investigation on Iraq found no evi- that were able to be used to signifi- ported security forces in Iraq. We do dence of political pressure to change the in- cantly alter the course of a disease or not support cutting and running, but telligence. That is true only in the very nar- to prevent disease. But a lot of things we do not support lying and hiding. Mr. row way the Republicans on the committee have changed. Over the past 40 years, Bush cannot rewrite history, he cannot insisted on defining pressure: as direct pres- there are wonderful opportunities that rewrite the intelligence again, and he sure from senior officials to change intelligence. Instead, the Bush administration have been created with the use of drug cannot continue to lie to the American treatments and medications to prevent people. The truth, the ugly truth, is made what it wanted to hear crystal clear and kept sending reports back to be redone and cure diseases. coming out. until it got those answers. Yet Medicare, until now, has not cov- [From the New York Times, Nov. 2005] Richard Kerr, a former deputy director of ered a single medication. None. The DECODING MR. BUSH’S DENIALS central intelligence, said in 2003 that there Medicare system would cover, for ex- To avoid having to account for his admin- was ‘‘significant pressure on the intelligence ample, the incredibly expensive sur- istration’s misleading statements before the community to find evidence that supported a gery to take care of an ulcer, but it war with Iraq, President Bush has tried de- connection’’ between Iraq and Al Qaeda. The nial, saying he did not skew the intelligence. C.I.A. ombudsman told the Senate Intel- would not cover the medications to He’s tried to share the blame, claiming that ligence Committee that the administration’s prevent the ulcer in the first place. Congress had the same intelligence he had, ‘‘hammering’’ on Iraq intelligence was hard- That Medicare would cover, for exam- as well as President Bill Clinton. He’s tried er than he had seen in his 32 years at the ple, the expensive hospitalization or to pass the buck and blame the C.I.A. Lately, agency. potential surgery to treat an individual he’s gone on the attack, accusing Democrats Mr. Bush and other administration offi- who had a stroke but would not cover in Congress of aiding the terrorists. cials say they faithfully reported what they the medications that were available to Yesterday in Alaska, Mr. Bush trotted out had read. But Vice President Dick Cheney the same tedious deflection on Iraq that he presented the Prague meeting as a fact when prevent a stroke, itself, does not make usually attempts when his back is against even the most supportive analysts consid- any sense at all. But all that is chang- the wall: he claims that questioning his ac- ered it highly dubious. The administration ing, and all of that is changing begin- tions three years ago is a betrayal of the has still not acknowledged that tales of Iraq ning today. troops in battle today. coaching Al Qaeda on chemical warfare were I want to stress that this is a vol- It all amounts to one energetic effort at considered false, even at the time they were untary program, a voluntary program avoidance. But like the W.M.D. reports that circulated. for all seniors. Most seniors, if they The president and his top advisers may started the whole thing, the only problem is look at the options available to them, that none of it has been true. very well have sincerely believed that Iraq Mr. Bush says everyone had the same in- had weapons of mass destruction. But they will be helped significantly and as- telligence he had—Mr. Clinton and his advis- did not allow the American people, or even sisted in their purchase and the ability ers, foreign governments, and members of Congress, to have the information necessary to purchase medications by this new Congress—and that all of them reached the to make reasoned judgments of their own. program. same conclusions. The only part that is true It’s obvious that the Bush administration Some might argue that much of this is that Mr. Bush was working off the same misled Americans about Mr. Hussein’s weap- will be confusing, and it may be at the intelligence Mr. Clinton had. But that is ons and his terrorist connections. We need to beginning. All kinds of programs that scary, not reassuring. The reports about Sad- know how that happened and why. dam Hussein’s weapons were old, some more Mr. Bush said last Friday that he wel- start anew oftentimes have many than 10 years old. Nothing was fresher than comed debate, even in a time of war, but things that are confusing in them. about five years, except reports that later that ‘‘it is deeply irresponsible to rewrite the However, I encourage my colleagues, proved to be fanciful. history of how that war began.’’ We agree, both in Congress and in the medical

VerDate Aug 31 2005 01:13 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.002 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10165 profession, to assist in educating sen- ary 4, 2005, the gentleman from Cali- Later in his career, he devoted much iors about the options that are avail- fornia (Mr. DREIER) is recognized dur- of his time to studying community or- able to them. ing morning hour debates for 5 min- ganizations, because, in his words, the I have held a number of meetings utes. 21st century will be the century of the around my district with seniors in an Mr. DREIER. Mr. Speaker, I rise social sector organization. The more effort to try to educate them, and they today to mark the passing of an incred- economy, money and information behave wonderful questions, will this pro- ible individual. He was a teacher and a come global, the more community will gram help me, how do I know that it friend of mine, and he was known to matter. He donated his expertise to a will cover the medications that I have, the world as the father of modern man- wide range of organizations, the Amer- how do I sign up, how do I get that in- agement. I am referring, of course, to ican Red Cross, the American Heart formation. Professor Peter Drucker, who passed Association. The results of his advice If I may pass along a couple of items, away last Friday at his home in Clare- and leadership have played a role in re- the first is the Medicare number: 1–800– mont at the age of 95. When I spoke to sponding most recently to Hurricanes Medicare. There are many individuals his wonderful wife, Doris, early Satur- Katrina and Rita. His groundbreaking available at that line to be able to help day morning, the first thing she said, work resulted in many accolades and seniors. Also, the Web site, of course, was that Peter led an incred- many opportunities to share his www.medicare.gov. I was on it just this ibly full life, which we all know that he thoughts. morning and it has a wealth of infor- did. In 1987, Claremont named its grad- mation available to folks. I was able to, as an undergraduate, uate school of management in his In these meetings that I had, I al- because of this great structure at the honor. He was a regular economist for ways had somebody available from Claremont colleges, that allows for the Wall Street Journal for two dec- CMS, or the Center for Medicare and cross registration among the six dif- ades, from 1975 to 1995. He was be- Medicaid Services, with me to be able ferent colleges, to begin taking classes stowed with 25 doctorates from univer- to help answer questions. But what I as an undergraduate with Professor sities in Europe and here in the United was most impressed with, in Georgia at Drucker. Then, of course, going on to States. least, the vast majority of seniors will the graduate university there, I did the In 1990, he created the Peter Drucker be able to have a program that is bet- same. Foundation to bring together business ter for them, covers more of their His words and his wisdom have had a and social leaders. One of the great profound effect on my strong beliefs medications than they currently have thrills for me was I was able to be with and personal responsibility, free mar- Professor Drucker and his wonderful with this Medicare program. There are some important dates to kets, the power of entrepreneurship and extraordinarily talented wife, remember. Today is the first date that and, of course, the very healthy and Doris, in the East Room of the White important skepticism of the effective- is important. Today is the first day House when President Bush in 2002 be- ness of sprawling government bureauc- stowed the Medal of Freedom, the high- that seniors are able to sign up for a racies. I remember having dinner with est civilian award in our country, on program whose coverage begins on Jan- him just a few years ago, and he was Professor Drucker. uary 1. This window of opportunity, talking about an Italian observer who The Economist Magazine, one of my that time to sign up, is between now, said the greatest threat to the future favorite publications, called him the November 15, 2005, and May 15, 2006, of Italy is efficient government. He was greatest thinker management theory even though the program begins on a genius, he was a genius who gener- has ever produced. In his book, Innova- January 1. ously shared his talents, his kindness tion and Entrepreneurship, Dr. Many seniors are currently receiving and his time with so many of us. Drucker described entrepreneurs as some prescription drug coverage now For a man of such unparalleled vision those who create something new, some- through a Medicare plus program or a and capability, he had wonderfully dis- thing different. They change or trans- supplemental program. I think it is im- arming sense of humor and an amazing mute values. By his own definition, it portant again for most seniors to ap- humility. He was a world-class thinker is clear that Dr. Drucker was an intel- preciate that this program, the Medi- and a provocative, as we all know, pro- lectual entrepreneur. care part D program, will be better for lific writer. I mentioned this dinner that I had them than the current program that When he was just 23 years of age, liv- with him just a few years ago. I had the they have. ing in Germany, he wrote an essay that thrill of spending 3 hours with him. We Again, 1–800–Medicare is the phone was both outlawed and burned by the talked about the impact that he had on number. The Web site is Nazis. When he was 30 years of age, his so many people. The Los Angeles www.medicare.gov. It is important first book, The End of Economic Man, Times recounted that great entre- that seniors look at the list of medica- was made required reading for grad- preneur Jack Welch, who headed Gen- tions that they are currently taking uates of the British Officers’ Candidate eral Electric, as saying that the turn- and the list of medications that are School by Winston Churchill. All told ing point in large part came for him available through the plans that are he wrote over 30 books that sold mil- when Professor Drucker asked him the available to them and select one that is lions of copies around the globe and in- question, if you were not doing exactly able to meld those that is going to fluenced business leaders, social pio- what you are doing today, would you cover the medications that they have. neers and heads of state. begin doing it, which was a very, very It is an exciting time. It is a great The great thing was that while he important point in determining what opportunity for all seniors across our had the ears of the world’s top leaders the future of General Electric was Nation. I encourage every senior to in both business and government, he going to be. look at the options available to them maintained his strong commitment to I also remember our former colleague and make certain that they are select- teaching. He put great emphasis on in- Amo Houghton often quoting Peter ing a program that suits them best. I dividuals, and their contributions to Drucker when he said every brilliant am hopeful that this will help improve large organizations and society. He saw idea ultimately degenerates to hard the health care and the healthful sta- employees as a company’s most valu- work. He was an amazing individual. tus of all seniors across our Nation. I able resource, and in working together He was a man of great warmth and ac- look forward to watching this program toward a defined goal, its greatest complishment, and I will miss him per- as it unfolds and as it evolves, and source of progress and change. sonally, and I know the world is better hopefully this will be an impetus to Mr. Speaker, I could not agree more. because of his life. allow Medicare to be a much more nim- He also believed that the highest My thoughts and prayers are with ble program. standards of ethics and morality were Doris and their wonderful children and f essential to both a successful enter- grandchildren. I will simply say to Pro- prise and a vibrant society. Being a fessor Drucker, thank you, thank you, PETER DRUCKER good corporate citizen was a duty on thank you for everything that you The SPEAKER pro tempore. Pursu- par and not at odds with maximizing have done to improve the quality of ant to the order of the House of Janu- profits. life for so many.

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.003 H15NOPT1 H10166 CONGRESSIONAL RECORD — HOUSE November 15, 2005 RECESS MEDICARE PRESCRIPTION DRUG TRIBUTE TO LANCE CORPORAL The SPEAKER pro tempore. Pursu- COVERAGE SCOTT ZUBOWSKI ant to clause 12(a) of rule I, the Chair (Mr. CARTER asked and was given (Mr. PENCE asked and was given per- declares the House in recess until noon permission to address the House for 1 mission to address the House for 1 today. minute and to revise and extend his re- minute and to revise and extend his re- Accordingly (at 10 o’clock and 50 marks.) marks.) Mr. PENCE. Mr. Speaker, Marines ar- minutes a.m.), the House stood in re- Mr. CARTER. Mr. Speaker, I rise cess until noon. rived at Barbara Weitzel’s doorstep today to remind seniors all across this Saturday at 5:30 p.m. in New Cas- f America that they can sign up for tle, Indiana. She said, my first ques- b 1200 Medicare prescription drug coverage tion was, ‘‘Which one?’’ Two of her sons starting today, November 15. As of Jan- AFTER RECESS are Marines. Both are in Iraq. uary 1, 2006, Medicare begins offering She learned in that moment that her The recess having expired, the House participants drug coverage for citizens brave son, Lance Corporal Scott was called to order by the Speaker pro 65 and older. Medicare will work with Zubowski, died in Iraq on 12 November tempore (Mr. GINGREY) at noon. employers and unions to ensure that 2005. While fighting to defend America f people who currently receive prescrip- and secure Iraq, he was a rear pas- tion drug coverage through their em- senger traveling with four other sol- PRAYER ployer or union will continue to do so. diers near Fallujah when a roadside The Chaplain, the Reverend Daniel P. Like other insurance, if you join, you bomb exploded beneath his vehicle. Coughlin, offered the following prayer: will pay a monthly premium, generally Scott and his family moved to New Lord God Almighty, Creator of in- about $37, plus a share of the cost of Castle in 1991 where he attended alienable rights, guide the work of Con- the prescriptions. Costs may be dif- Greenstreet Elementary School for gress and the personal decisions of all ferent, depending on the drug plan you first and second grade. His teachers Americans today. choose. Plans will vary in the prescrip- quickly recognized his gifts. They Having sworn an oath to uphold the tion drugs covered, how much you have placed him in the gifted and talented Constitution of the United States, help to pay, and the pharmacies you can program, an accelerated academic pro- the Members of the House of Rep- use. gram at Sunnyside Elementary. resentatives to make sound judgments. All drug plans will have to provide at Scott did not grow up dreaming of a Give them wisdom to shape common least a standard level of coverage life in the military but, as is the case resolve of the most important issues which Medicare will set. Some plans with younger brothers, he respected his facing the Nation and in need of proper may offer more coverage and addi- older brother David. Sergeant David legislation. tional drugs for higher monthly pre- Zubowski enlisted in the Marines. Lord, help all Americans to be true miums. I encourage you to join the Scott noticed the growing confidence democratic citizens who can give an drug plan that best meets your needs. in his brother, and he wanted to enlist account of their commitment to as well, which he did after graduating from North Manchester High School in human rights and abide by the rule of f law. 2003. May government leaders and citizens Mr. Speaker, Lance Corporal Scott MENTAL HEALTH PARITY together seek personal excellence and Zubowski is a hero. I offer my deepest the common good of all; so to give You (Mr. KENNEDY of Rhode Island condolences to his parents, Barbara glory now and forever. Amen. asked and was given permission to ad- Weitzel and Richard Zubowski; his dress the House for 1 minute.) lovely new wife, Klancey Zubowski; his f two brothers, Brian and Sergeant Mr. KENNEDY of Rhode Island. Mr. THE JOURNAL David Zubowski; and all the family and Speaker, as of today, a bipartisan ma- friends who loved and admired this The SPEAKER pro tempore. The jority of the House has cosponsored the Chair has examined the Journal of the courageous young man. Paul Wellstone Mental Health Equity Scott’s mother recently told the last day’s proceedings and announces Treatment Act. This marks the fifth hometown newspaper, ‘‘He gave himself to the House his approval thereof. year in a row that the majority of our for us, and we can’t forget.’’ Pursuant to clause 1, rule I, the Jour- colleagues have supported ending this He did give himself, Mrs. Weitzel. No nal stands approved. arbitrary insurance limit on the treat- greater love has a man than this, that f ment of a whole category of what this he should lay down his life for his poster makes clear are neurological, PLEDGE OF ALLEGIANCE friends. We will never forget your brave physical diseases. son. The SPEAKER pro tempore. Will the In the last 5 years, more than 150,000 f gentleman from Rhode Island (Mr. Americans have lost their lives to sui- KENNEDY) come forward and lead the cide, 90 percent of them with serious AMERICANS DESERVE THE TRUTH House in the Pledge of Allegiance. mental illness. REGARDING WAR IN IRAQ Mr. KENNEDY of Rhode Island led In the last 5 years, American employ- (Mr. GEORGE MILLER of California the Pledge of Allegiance as follows: ers have lost over $150 billion of pro- asked and was given permission to ad- I pledge allegiance to the Flag of the ductivity to depression alone. That is dress the House for 1 minute and to re- United States of America, and to the Repub- more than the GDP of 28 different vise and extend his remarks.) lic for which it stands, one nation under God, Mr. GEORGE MILLER of California. States during the same period. indivisible, with liberty and justice for all. Mr. Speaker, last week, President Bush f In the 5 years, well over 60,000 Amer- said it was irresponsible for people to ican families have been broken apart rewrite the way the war began, and the MESSAGE FROM THE SENATE by the absence of insurance because White House communications director A message from the Senate by Ms. the only way for parents to get treat- said the American people expect an Curtis, one of its clerks, announced ment for their children is to turn the honest debate. I could not agree with that the Senate agrees to the report of custody of those children over to the both statements more. the committee of conference on the State. Then, yesterday, the President disagreeing votes of the two Houses on And, in those 5 years, Mr. Speaker, donned his flight jacket and suggested the amendment of the Senate to the the leadership of this House and the that he was going to attack his critics bill (H.R. 2419) ‘‘An Act making appro- committees of jurisdiction have yet to and, in fact, attacked his critics rather priations for energy and water develop- even give this bill an up and down vote. than contribute to the honest debate. ment for the fiscal year ending Sep- We need a vote on the Paul Wellstone The American people need to know, tember 30, 2006, and for other pur- Equity Act for mental health insur- after the dramatic failure of intel- poses.’’. ance. ligence, just how that intelligence was

VerDate Aug 31 2005 01:13 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.004 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10167 used, how it was emphasized, how it MEDICARE MEETS SENIORS’ NEW MEDICARE PRESCRIPTION was manipulated, and who was the NEEDS DRUG BENEFIT source of much of the intelligence that (Mr. WILSON of South Carolina (Mr. PRICE of Georgia asked and was this administration used to hook peo- asked and was given permission to ad- given permission to address the House ple into the war in Iraq. dress the House for 1 minute and to re- for 1 minute.) Did they use the intelligence pro- vise and extend his remarks.) Mr. PRICE of Georgia. Mr. Speaker, vided by Mr. Chalabi, who was on our Mr. WILSON of South Carolina. Mr. can you imagine an insurance policy payroll, and by Mr. Chalabi’s defectors, Speaker, Americans have benefited sig- that paid thousands of dollars for the who paid and bribed to provide that in- nificantly from medical advancements most expensive treatment for a disease telligence to the administration? Did throughout the past 40 years, and but not a few hundred dollars for medi- the administration, and this goes to Medicare must also evolve with the cine to prevent that disease from oc- the crux of the question: Did the ad- changing technology. curring? Well, that is what Medicare ministration do the due diligence that Today marks an historic date for the has been, until now. Today is the first was necessary before they made the de- Medicare program. For the first time, day that seniors all across our country cision to put American men and women America’s seniors will have the oppor- can join Medicare part D. in harm’s way into Iraq? Did they look tunity to enroll in a voluntary pre- As a physician, I am keenly aware at the case and make the case that this scription drug benefit that will meet that medications are a mainstay of the was an imminent threat to the security their needs. treatment and prevention of disease of the United States? I would like to encourage all seniors and, with this new prescription drug So far, we do not have the answers to to sign up for this valuable benefit. For benefit, Medicare will now assist sen- those questions. We know that there more information on how to register, iors in obtaining medicines that can was a concerted effort within the De- and this is a special exclusive surprise prevent serious illness. Seniors should partment of Defense, within the admin- for biased ABC News, seniors can call get more choices and better treatment, istration to push us into the war in 1–800–Medicare or visit and America will get a Medicare sys- Iraq. We now need to know how that www.medicare.gov. Seniors can also tem that moves into the 21st century. was done. We need that honest debate. contact professional pharmacists in In my district, I have held senior We do not need the President to con- their communities for additional de- education seminars, trying to give sen- tinue to attack his critics. tails about the program. iors helpful information about this new The American people are entitled to By strengthening Medicare, Presi- and exciting program. This is not that debate. They are entitled to the dent Bush and Congress have delivered about politics, this is about helping results of the investigations that were a program to ensure America’s seniors those eligible for Medicare to select promised 17 months ago, and nothing live healthier, happier, and longer. the plan that is best for them. has happened from those investiga- In conclusion, God bless our troops, I encourage all of my colleagues in tions. and we will never forget September 11. medicine and in Congress to help seniors as they have the opportunity to f f participate in a new health program, one that should result in a more rewarding and healthier life. WORLD WAR I VETERAN KENNETH PREEMIE ACT MEYERS f (Mr. GINGREY asked and was given (Mr. POE asked and was given per- permission to address the House for 1 RECESS mission to address the House for 1 minute and to revise and extend his re- The SPEAKER pro tempore (Mr. minute.) marks.) GINGREY). Pursuant to clause 12(a) of Mr. POE. Mr. Speaker, when Kenneth Mr. GINGREY. Mr. Speaker, I rise rule I, the Chair declares the House in Meyers was born in 1889, Teddy Roo- today in support of National Pre- recess subject to the call of the Chair. sevelt was charging up San Juan Hill, maturity Awareness Day. I stand with Accordingly (at 12 o’clock and 15 the airplane had not been invented, and parents and physicians, organizations minutes p.m.), the House stood in re- electricity was a novelty. Kenneth and associations around our country cess subject to the call of the Chair. Meyers, at 107, is the oldest surviving that are working to draw attention to f World War I veteran in Texas. There the serious and growing problem of pre- b 1400 are less than 50 World War I veterans mature birth. in all of the United States. Nearly 500,000 babies will be born pre- AFTER RECESS Meyers joined the Navy as a teenager maturely this year. In my own State of The recess having expired, the House in 1917 and served aboard the Battle- Georgia, 342 premature babies will be was called to order by the Speaker pro ship Oklahoma in World War I until born this week. It is a serious problem, tempore (Mr. BISHOP of Utah) at 2 p.m. 1919. Meyers, who lives in Houston, one that is far too common. Unfortu- f says he was proud to serve in the ‘‘War nately, in most cases, we do not know to End All Wars.’’ why it happens. ANNOUNCEMENT BY THE SPEAKER After the Navy, Meyers earned his From my experience as an OB–GYN PRO TEMPORE masters degree, became an agricultural physician for nearly 30 years, I know The SPEAKER pro tempore. Pursu- expert for Uncle Sam, and even helped the anxiety, confusion, frustration and ant to clause 8 of rule XX, the Chair farmers as far away as Greece. He concern that premature birth places on will postpone further proceedings herded cattle in Wyoming, and he still both the families as well as the med- today on motions to suspend the rules owns land there. ical system. That is why I am a proud on which a recorded vote or the yeas As we honor American veterans, we cosponsor of H.R. 2861, the PREEMIE and nays are ordered, or on which the appreciate the generations of sailors Act, which was introduced by my vote is objected to under clause 6 of and doughboys in World War I who friend and colleague from Michigan rule XX. adopted the song ‘‘Over There’’ that (Mr. UPTON). Record votes on postponed questions states, in part, ‘‘Send the word to be- Mr. Speaker, I am here today not will be taken after 6:30 p.m. today. ware, that the Yanks are coming, the only to encourage my colleagues to co- f Yanks are coming and we won’t come sponsor this important piece of legisla- back ’til its over, over there.’’ tion but also to let the women in our YAKIMA-TIETON IRRIGATION DIS- Mr. Speaker, like warriors since country know how important it is to TRICT CONVEYANCE ACT OF 2005 then, those Yanks got the job done for talk to their doctors about the risk Mrs. MUSGRAVE. Mr. Speaker, I freedom and only came back when it factors associated with pre-term birth. move to suspend the rules and pass the was over, over there. That’s just the Together, we can work to find a solu- bill (H.R. 1564) to authorize the Sec- way it is. tion to this very costly crisis. retary of the Interior to convey certain

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.007 H15NOPT1 H10168 CONGRESSIONAL RECORD — HOUSE November 15, 2005 buildings and lands of the Yakima There was no objection. Resources Chairman POMBO and Water Project, Washington, to the Yakima- Mrs. MUSGRAVE. Mr. Speaker, I and Power Subcommittee Chairman Tieton Irrigation District. yield myself such time as I may con- RADANOVICH for moving this legislation The Clerk read as follows: sume. through the process, as well as Kiel H.R. 1564 H.R. 1564, sponsored by our colleague Weaver and other members of the com- Be it enacted by the Senate and House of Rep- DOC HASTINGS, conveys 9 acres of feder- mittee staff for their work on this bill. resentatives of the United States of America in ally owned land and administrative Again, this is a noncontroversial con- Congress assembled, buildings to the Yakima-Tieton Irriga- veyance of property agreed to by the SECTION 1. SHORT TITLE. tion District in Washington State. No irrigation district and the Bureau of This Act may be cited as the ‘‘Yakima- project facilities such as dams, diver- Tieton Irrigation District Conveyance Act of Reclamation. I urge my colleagues to 2005’’. sion structures, or canals are included support the bill. SEC. 2. CONVEYANCE OF CERTAIN BUILDINGS in this title transfer. Mrs. MUSGRAVE. Mr. Speaker, I AND LANDS OF THE YAKIMA The transfer has been in the works yield back the balance of my time. PROJECT, WASHINGTON. for almost a decade. This legislation, The SPEAKER pro tempore. The (a) CONVEYANCE REQUIRED.—The Secretary also introduced by the junior Senator question is on the motion offered by of the Interior shall convey to the Yakima- from Washington, will enhance more Tieton Irrigation District, located in the gentlewoman from Colorado (Mrs. Yakima County, Washington, all right, title, private ownership and decrease the MUSGRAVE) that the House suspend the and interest of the United States in and to Federal Government’s liability. It is a rules and pass the bill, H.R. 1564. the buildings and lands of the Yakima win for the local community and a win The question was taken. Project, Washington, in accordance with the for the American taxpayer. I urge my The SPEAKER pro tempore. In the terms and conditions set forth in the agree- colleagues to support this important opinion of the Chair, two-thirds of ment titled ‘‘Agreement Between the United bipartisan legislation. those present have voted in the affirm- States and the Yakima-Tieton Irrigation District to Transfer Title to Certain Feder- Mr. Speaker, I reserve the balance of ative. ally Owned Buildings and Lands, With Cer- my time. Mrs. MUSGRAVE. Mr. Speaker, on tain Property Rights, Title, and Interest, to Mrs. CHRISTENSEN. Mr. Speaker, I that I demand the yeas and nays. the Yakima-Tieton Irrigation District’’ yield myself such time as I may con- The yeas and nays were ordered. (Contract No. 5–07–10–L1658). sume. The SPEAKER pro tempore. Pursu- (b) LIABILITY.—Effective upon the date of (Mrs. CHRISTENSEN asked and was ant to clause 8 of rule XX and the conveyance under this section, the United given permission to revise and extend Chair’s prior announcement, further States shall not be held liable by any court for damages of any kind arising out of any her remarks.) proceedings on this question will be act, omission, or occurence relating to the Mrs. CHRISTENSEN. Mr. Speaker, postponed. conveyed buildings and lands, except for the majority has already explained the f damages caused by acts of negligence com- legislation. I would only add that we mitted by the United States or by its em- on this side of the aisle have no objec- FRANKLIN NATIONAL ployees or agents before the date of convey- tion to its passage. BATTLEFIELD STUDY ACT ance. Nothing in this section increases the Mr. Speaker, I yield back the balance Mrs. MUSGRAVE. Mr. Speaker, I liability of the United States beyond that provided in chapter 171 of title 28, United of my time. move to suspend the rules and pass the States Code (popularly known as the Federal Mrs. MUSGRAVE. Mr. Speaker, I bill (H.R. 1972) to direct the Secretary Tort Claims Act), on the date of the enact- yield such time as he may consume to of the Interior to conduct a special re- ment of this Act. the gentleman from Washington (Mr. source study to determine the suit- (c) BENEFITS.—After conveyance of the HASTINGS). ability and feasibility of including in buildings and lands to the Yakima-Tieton Ir- Mr. HASTINGS of Washington. I the National Park System certain sites rigation District under this section— thank the gentlewoman for yielding. (1) such buildings and lands shall not be in Williamson County, Tennessee, re- considered to be a part of a Federal reclama- Mr. Speaker, my legislation would lating to the Battle of Franklin, as tion project; and enable a long-awaited transfer of prop- amended. (2) such irrigation district shall not be eli- erty from the Bureau of Reclamation The Clerk read as follows: gible to receive any benefits with respect to to the Yakima-Tieton Irrigation Dis- H.R. 1972 any buildings and lands conveyed, except trict in central Washington. This Be it enacted by the Senate and House of Rep- benefits that would be available to a simi- transfer involves the conveyance of ap- resentatives of the United States of America in larly situated person with respect to such proximately 9 acres of Federal property Congress assembled, buildings and lands that are not part of a as well as a few associated structures. SECTION 1. SHORT TITLE. Federal reclamation project. (d) REPORT.—If the Secretary of the Inte- These facilities are already dedicated This Act may be cited as the ‘‘Franklin Na- rior has not completed the conveyance re- to purposes related to the irrigation tional Battlefield Study Act’’. quired under subsection (a) within 12 months district. With this conveyance, the dis- SEC. 2. DEFINITIONS. after the date of the enactment of this Act, trict will be able to use district funds In this Act: the Secretary shall submit to Congress a re- to make needed improvements for the (1) SECRETARY.—The term ‘‘Secretary’’ means port that explains the reason such convey- future. The irrigation district has fully the Secretary of the Interior. ance has not been completed and stating the (2) STUDY AREA.—The term ‘‘study area’’ date by which the conveyance will be com- repaid its obligations to the United means the cities of Brentwood, Franklin, pleted. States related to these properties, and Triune, Thompson’s Station, and Spring Hill, The SPEAKER pro tempore. Pursu- the bureau is no longer interested in Tennessee. ant to the rule, the gentlewoman from their day-to-day management and up- SEC. 3. SPECIAL RESOURCE STUDY. Colorado (Mrs. MUSGRAVE) and the gen- keep. (a) IN GENERAL.—The Secretary shall conduct tlewoman from the Virgin Islands (Mrs. During hearings before the Resources a special resource study of sites in the study area relating to the Battle of Franklin to deter- CHRISTENSEN) each will control 20 min- Committee earlier this year, the ad- mine— utes. ministration expressed its support for this legislation and noted that this (1) the national significance of the sites; and The Chair recognizes the gentle- (2) the suitability and feasibility of including woman from Colorado (Mrs. transfer allowed the bureau to focus its the sites in the National Park System. MUSGRAVE). limited resources where they are more (b) REQUIREMENTS.—The study conducted GENERAL LEAVE urgently needed. In my view, this is an under subsection (a) shall include the analysis Mrs. MUSGRAVE. Mr. Speaker, I ask example of local problem-solving at its and recommendations of the Secretary on— unanimous consent that all Members best. (1) the effect on the study area of including may have 5 legislative days to revise Mr. Speaker, I commend the staff of the sites in the National Park System; and and extend their remarks and include the irrigation district and the Bureau (2) whether the sites could be included in an of Reclamation for their work on this. existing unit of the National Park System or extraneous material on the bill under other federally designated unit in the State of consideration. This legislation would not be before us Tennessee. The SPEAKER pro tempore. Is there today without their cooperative efforts (c) CONSULTATION.—In conducting the study objection to the request of the gentle- over the last few years to negotiate under subsection (a), the Secretary shall consult woman from Colorado? this agreement. I also want to thank with—

VerDate Aug 31 2005 01:13 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 6333 E:\CR\FM\K15NO7.009 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10169 (1) appropriate Federal agencies and State colleague, Congressman DAVIS, for his The Franklin battlefield might be and local government entities; and diligence and his attention to this mat- one of the smallest battlefields in the (2) interested groups and organizations. ter. This addresses Williamson County, United States, but it is also among the (d) APPLICABLE LAW.—The study required under subsection (a) shall be conducted in ac- Tennessee, which he and I share the bloodiest. A staggering 9,000 soldiers cordance with Public Law 91–383 (16 U.S.C. 1a– representation of. He and his staff have were killed or wounded at Franklin, in- 1 et seq.). worked very closely with us to address cluding the largest number of generals SEC. 4. REPORT. this issue of looking at the Franklin ever lost in any American battle. It Not later than 3 years after the date funds are battlefield. was the largest infantry charge ever made available for the study, the Secretary shall By way of history, Mr. Speaker, on conducted in North America. In the 5 submit to the Committee on Resources of the the afternoon of November 30, 1864, tragic hours that make up the Battle House of Representatives and the Committee on General Hood’s Army of Tennessee of Franklin, more men died in those 5 Energy and Natural Resources of the Senate a marched down Winstead Hill in Frank- hours than the 19 hours on D–Day. report that describes— lin, Tennessee, and charged the Union Eleven Congressional Medals of Honor (1) the findings of the study; and forces of General Schofield. Fighting (2) any conclusions and recommendations of were earned at the Battle of Franklin. the Secretary. continued until late in the evening as The Civil War Sites Advisory Com- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. both sides sustained heavy casualties. mission designated Franklin as one of There are authorized to be appropriated such The following morning revealed the just 45 principal battles having a di- sums as are necessary to carry out this Act. terrible consequences of the fighting rect, observable impact on the direc- The SPEAKER pro tempore. Pursu- that took place and how the battle be- tion, duration, conduct, or outcome of ant to the rule, the gentlewoman from came the darkest day of the Civil War. the war. Marking the beginning of the With over 9,000 dead soldiers and six Colorado (Mrs. MUSGRAVE) and the gen- end for the Western Theater of the tlewoman from the Virgin Islands (Mrs. dead Confederate generals, the battle Civil War, it is now listed among the would be the bloodiest battle of the CHRISTENSEN) each will control 20 min- country’s Top 10 Most Endangered utes. Civil War and would sound the death Civil War Battlefields by the Civil War knell of the Confederacy. The battle is The Chair recognizes the gentle- Preservation Trust. I strongly support known as the Battle of Franklin. woman from Colorado (Mrs. Representative BLACKBURN Mr. Speaker, the Battle of Franklin ’s legisla- MUSGRAVE). was one of the last significant battles tion to correct this injustice. The Bat- GENERAL LEAVE leading to the Union victory over the tle of Franklin is considered the begin- Mrs. MUSGRAVE. Mr. Speaker, I ask Confederacy in the Civil War and has ning of the defeat of the Confederacy. unanimous consent that all Members tremendous significance not only to I applaud the efforts of Save the may have 5 legislative days to revise our community but to American his- Franklin Battlefield, Incorporated; and extend their remarks and include tory. Yet there is neither a national Mayor Miller of Franklin; Franklin’s extraneous material on the bill under cemetery nor a national battlefield Charge; the Williamson County Histor- consideration. park commemorating the battle. This ical Society; interested city and coun- The SPEAKER pro tempore. Is there bill is a first step toward preserving ty leaders; and leading preservationists objection to the request of the gentle- and protecting sites that contributed and conservation organizations that woman from Colorado? to this important Civil War landscape have sought to make this legislation a There was no objection. and achieving a solution to save the reality. It has been a delight to work Mrs. MUSGRAVE. Mr. Speaker, I area as a national heritage through with the gentlewoman from Tennessee yield myself such time as I may con- partnerships with the local commu- on this particular issue, which is in her sume. nities. home district, a county that we both H.R. 1972, introduced by Congress- It does, as the gentlewoman from share. woman MARSHA BLACKBURN, would di- Colorado said, direct the Secretary of I believe it is our duty to preserve rect the Secretary of the Interior to de- the Interior to study sites in this historical battlefield, and we are termine the suitability and feasibility Williamson County, Tennessee, where bound by the respect and homage we of including sites related to the Battle portions of the Battle of Franklin took must pay for those who died to pre- of Franklin into the National Park place or were related to the battle. The serve the Nation we hold so dear and System. This study area will include battlefield will serve as a memorial of revere today. But this is also for our the cities of Brentwood, Franklin, the American citizens who fought and children and grandchildren who will Triune, Thompson’s Station and Spring died for what they believed was right. I now be able to experience a chapter in Hill, Tennessee. The Secretary will de- urge my colleagues’ consideration on our Nation’s history in a way that a termine if the sites within the study this bill. Again, I thank the gentleman textbook cannot provide. area have national significance and if from Tennessee for his support and as- Mrs. CHRISTENSEN. Mr. Speaker, I they may be included in an existing na- sistance. yield back the balance of my time. tional park or another federally des- Mrs. CHRISTENSEN. Mr. Speaker, I Mrs. MUSGRAVE. Mr. Speaker, I ignated unit. yield such time as he may consume to yield back the balance of my time. I urge adoption of the bill. the distinguished gentleman from Ten- The SPEAKER pro tempore. The Mr. Speaker, I reserve the balance of nessee (Mr. DAVIS), the cosponsor of question is on the motion offered by my time. the legislation. the gentlewoman from Colorado (Mrs. Mrs. CHRISTENSEN. Mr. Speaker, I Mr. DAVIS of Tennessee. Mr. Speak- MUSGRAVE) that the House suspend the yield myself such time as I may con- er, I rise today in strong support of rules and pass the bill, H.R. 1972, as sume. H.R. 1972, the Franklin National Bat- amended. I want to congratulate both sponsors, tlefield Study Act. It is fitting that we The question was taken; and (two- including the cosponsor on this side, protect this piece of American history thirds having voted in favor thereof) Congressman LINCOLN DAVIS, for their by preserving this battlefield, home to the rules were suspended and the bill, leadership in getting this bill to the the Battle of Franklin. As Roberts as amended, was passed. floor today. The majority has already Hicks and Julian Bibb of Franklin’s A motion to reconsider was laid on explained this legislation. I would only Charge put it best: the table. add that we on this side of the aisle ‘‘What happened on the late after- also support it. noon and evening of November 30, 1864, f Mr. Speaker, I reserve the balance of was an epic display of courage and b 1415 my time. valor as troops on both sides gave their Mrs. MUSGRAVE. Mr. Speaker, I lives for causes they believed worthy PECHANGA BAND OF LUISENO yield such time as she may consume to and just. But the battle was much MISSION INDIANS LAND TRANS- the gentlewoman from Tennessee (Mrs. more. In essence, the Battle of Frank- FER ACT OF 2005 BLACKBURN). lin was one of the most significant Mrs. MUSGRAVE. Mr. Speaker, I Mrs. BLACKBURN. Mr. Speaker, I events in national unity, peace, and move to suspend the rules and pass the would like to begin by thanking my the end of slavery.’’ bill (H.R. 3507) to transfer certain land

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.007 H15NOPT1 H10170 CONGRESSIONAL RECORD — HOUSE November 15, 2005 in Riverside County, California, and boundary lines and the lands transferred The Pechanga Tribe should be com- San Diego County, California, from the under subsection (a). mended for seeking to care for lands Bureau of Land Management to the (f) RULES OF CONSTRUCTION.—Nothing in that are so important to preserving the this Act shall— heritage of its tribal members. In this United States to be held in trust for (1) enlarge, impair, or otherwise affect any the Pechanga Band of Luiseno Mission right or claim of the Pechanga Band of spirit, I urge my colleagues to support Indians, and for other purposes. Luiseno Mission Indians to any land or inter- H.R. 3507. The Clerk read as follows: est in land that is in existence before the Mr. Speaker, I reserve the balance of H.R. 3507 date of the enactment of this Act; or my time. Be it enacted by the Senate and House of Rep- (2) affect any water right of the Pechanga Mrs. CHRISTENSEN. Mr. Speaker, I resentatives of the United States of America in Band of Luiseno Mission Indians in existence yield myself such time as I may con- Congress assembled, before the date of the enactment of this Act. sume. (g) RESTRICTED USE OF TRANSFERRED SECTION 1. SHORT TITLE. Mr. Speaker, we on this side on the LANDS.—The lands transferred under sub- This Act may be cited as the ‘‘Pechanga aisle again have no objection to the section (a) may be used only for the protec- passage of this bill for the Pechanga Band of Luiseno Mission Indians Land Trans- tion, preservation, and maintenance of the fer Act of 2005’’. archaeological, cultural, and wildlife re- Tribe of California. SEC. 2. TRANSFER OF LAND IN TRUST FOR sources thereon. Resources Committee Ranking Mem- PECHANGA BAND OF LUISENO MIS- ber NICK RAHALL worked hard last Con- The SPEAKER pro tempore (Mr. SION INDIANS. gress with the gentleman from Cali- (a) TRANSFER AND ADMINISTRATION.— BISHOP of Utah). Pursuant to the rule, fornia (Mr. ISSA) to have land put into (1) TRANSFER.—Effective on the date of the the gentlewoman from Colorado (Mrs. enactment of this Act and subject to valid trust for this tribe so they could pre- MUSGRAVE) and the gentlewoman from serve an area vital to their ceremonies existing rights, all right, title, and interest the Virgin Islands (Mrs. CHRISTENSEN) of the United States in and to the Federal and culture. We expect the tribe to each will control 20 minutes. manage this land in a similar manner lands described in subsection (b), including The Chair recognizes the gentle- all improvements thereon, appurtenances and do not object to its consideration woman from Colorado (Mrs. thereto, and rights to all minerals thereon or today. MUSGRAVE). therein, including oil and gas, water, and re- Mr. ISSA. Mr. Speaker, I rise today to offer lated resources, shall be held by the United GENERAL LEAVE H.R. 3507, the Pechanga Band of Luiseno States in trust for the Pechanga Band of Mrs. MUSGRAVE. Mr. Speaker, I ask Mission Indians Land Transfer Act of 2005, for Luiseno Mission Indians, a federally recog- unanimous consent that all Members nized Indian tribe. final passage in the House. This bill will trans- may have 5 legislative days to revise fer approximately 990 acres of land currently (2) ADMINISTRATION.—The transferred land and extend their remarks and include shall be declared part of the Pechanga Indian being held by the Bureau of Land Manage- Reservation and administered in accordance extraneous material on the bill under ment to the United States to be held in trust with— consideration. for the Pechanga tribe as apart of their res- (A) the laws and regulations generally ap- The SPEAKER pro tempore. Is there ervation. plicable to property held in trust by the objection to the request of the gentle- The Pechanga people have called the United States for an Indian tribe; and woman from Colorado? Temecula Valley, which is located in my dis- (B) a memorandum of understanding en- There was no objection. trict, their home for more than 10,000 years. tered into between the Pechanga Band of Mrs. MUSGRAVE. Mr. Speaker, I They like to say that they have governed Luiseno Mission Indians and the United yield myself such time as I may con- themselves and cared for their lands since States Fish and Wildlife Service. sume. time immemorial. (b) DESCRIPTION OF LAND.—The lands re- Mr. Speaker, H.R. 3507 is a non- ferred to in subsection (a) consist of approxi- This bill transfers into trust land that has im- controversial bill to transfer two par- mately 990.74 acres in Riverside County, mense historical, archaeological, and cultural cels of public land to the Pechanga California, and San Diego County, Cali- significance for the Pechanga tribe. It also in- Band of Mission Indians. Located in fornia, as referenced on the map titled, ‘‘H.R. cludes a memorandum of understanding that Riverside County, California, these 4908, Pechanga Land Transfer Act’’ and dated has been agreed upon by the Pechanga Tribe September 13, 2004, which, before the transfer lands total 991 acres in size. and the U.S. Fish and Wildlife Service. This under such subsection, were administered by The lands subject to the transfer are M.O.U. provides restrictions that limit the use the Bureau of Land Management and are currently administered by the Bureau of this land to only preservation, protection more particularly described as follows: of Land Management, but they contain and maintenance of its historical and cultural (1) Sections 29, 30, and 32 of township 8 archaeological, cultural and wildlife south, range 2 west, San Bernardino base and artifacts and its resources. meridian. resources that are extremely valuable It is widely agreed that the BLM currently (2) Section 6 of township 9 south, range 2 to the tribe. has more land in its possession than it can In the last Congress, the Resources west, San Bernardino base and meridian. properly care for and maintain. I view the op- Committee held a hearing on a similar (3) Mineral Survey 3540, section 22 of town- portunity to return this mostly rocky hillside ship 5 south, range 4 west, San Bernardino bill to transfer the same lands. In this area to those who are willing and have the re- base and meridian. hearing, both the tribe and the Interior sources to provide proper maintenance and (c) SURVEY.—Not later than 180 days after Department testified that these lands the date of the enactment of this Act, the Of- care for the land. belong in Tribal ownership. Mr. Speaker, the Pechanga have done an fice of Cadastral Survey of the Bureau of After reporting that legislation, it Land Management shall complete a survey of exemplary job of integrating and investing in the lands transferred under subsection (a) for was learned that the U.S. Fish and their community, both on their reservation land the purpose of establishing the boundaries of Wildlife Service had certain concerns and beyond. They have been good neighbors the lands. relating to the management and use of to the City of Temecula, and have dem- (d) MAP ON FILE.—The map referred to in the lands, and Congress adjourned be- onstrated that they can properly care for and subsection (b) shall be on file in the appro- fore the problem could be resolved. priate offices of the Bureau of Land Manage- maintain Federal land transferred to their care. These concerns have been addressed I hope that my colleagues will join me today ment. through a memorandum of under- (e) LEGAL DESCRIPTIONS.— in voting to pass this bill out of the House. standing between the tribe and the (1) PUBLICATION.—On approval of the sur- Mr. BACA. Mr. Speaker, I rise today in sup- vey completed under subsection (c) by the Fish and Wildlife Service, and the port of H.R. 3507, the Pechanga Band of duly elected tribal council of the Pechanga sponsor of last year’s bill has intro- Luiseno Mission Indians Land Transfer Act of Band of Luiseno Mission Indians, the Sec- duced H.R. 3507 to reference the MOU. 2005. retary of the Interior shall publish in the Because the lands are part of the The Pechanga Tribe has sought for years to Federal Register— Pechanga’s ancient heritage, the tribe acquire this land because of its importance as (A) a legal description of the boundary has adopted a resolution to zone them an ancestral burial site. lines; and for conservation purposes. To reinforce This bill demonstrates respect for the sov- (B) legal description of the lands trans- the Tribe’s intent, this bill requires the ferred under subsection (a). ereignty of the tribe and recognizes the impor- (2) EFFECT.—Beginning on the date on tribe to use the properties only for the tance of preserving America’s rich Native which the legal descriptions are published protection and preservation of cul- American Heritage. under paragraph (1), such legal descriptions tural, archaeological and wildlife re- It demonstrates respect for the sovereignty shall be the official legal descriptions of the sources. of tribes by ensuring that these lands are not

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.015 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10171 arbitrarily separated from their tribal commu- may have 5 legislative days to revise reational Area the financial means for nity. and extend their remarks and include monitoring and enforcement of com- In 2002 I co-sponsored H.R. 3476 to protect extraneous material on the bill under mercial use restrictions. the ancestral land of Great Oak Ranch be- consideration. The bill is needed to continue a pro- cause I understand the significance of these The SPEAKER pro tempore. Is there gram that has worked for the Park sites to both the tribe and the surrounding objection to the request of the gentle- Service and the community sur- community. woman from Colorado? rounding the Water Gap National In preserving these lands we show that we There was no objection. Recreation Area for over 20 years. The are aware of our Congressional responsibility Mrs. MUSGRAVE. Mr. Speaker, I fee collection system resolved the po- to ensure that archaeological, historical, and yield myself such time as I may con- tential problems raised when the 21- cultural sites from America’s Native American sume. mile segment of U.S. Route 209 was heritage are not taken from future generations. H.R. 3721, introduced by the gen- transferred to Park Service control. We must continue the work begun today to tleman from Pennsylvania (Mr. SHER- The system allows limited commercial restore and strengthen our awareness of WOOD) and amended by the Resources vehicle access, and the tolls allow the America’s rich Native American history. Committee, would amend the Omnibus Park Service to monitor the road with- Mrs. CHRISTENSEN. Mr. Speaker, I Parks and Public Lands Management out using regular operation and main- yield back the balance of my time. Act of 1996 to continue to permit cer- tenance budgets. Mrs. MUSGRAVE. Mr. Speaker, I tain commercial vehicles to utilize Authorization for the program was yield back the balance of my time. Route 209 within the Delaware Water done in 10-year increments. The most The SPEAKER pro tempore. The Gap National Recreation Area in Penn- recent 10-year increment authorization question is on the motion offered by sylvania as well as allow the National expired September 30. My bill would the gentlewoman from Colorado (Mrs. Park Service to continue to collect extend the authorization to September MUSGRAVE) that the House suspend the fees from these vehicles. 30, 2015. rules and pass the bill, H.R. 3507. Since 1996, this route has become an The current program has been in op- The question was taken; and (two- increasingly important north-south ar- eration since 1983 and was largely suc- thirds having voted in favor thereof) tery connecting the two northeast cessful until it started running a def- the rules were suspended and the bill Pennsylvania towns of Milford and icit. The main problem with the exist- was passed. Stroudsburg. While an alternate routes ing program is the lack of the ability A motion to reconsider was laid on does exist outside the Recreation Area, for the park to adjust the fee schedule the table. the fact is that the route transverses a to cover the expense of operating the f much more mountainous region and contact stations. This problem is re- thus takes more time and is more dan- solved by authorizing the park super- ALLOWING USE OF CERTAIN gerous, especially during the winter intendent to adjust fees as necessary to ROADS WITHIN DELAWARE months. I urge adoption of the bill. cover operating costs. WATER GAP NATIONAL RECRE- Mr. Speaker, I reserve the balance of A reduction or elimination of com- ATION AREA my time. mercial traffic is not feasible at this Mrs. MUSGRAVE. Mr. Speaker, I Mrs. CHRISTENSEN. Mr. Speaker, I time as the commercial traffic con- move to suspend the rules and pass the yield myself such time as I may continues to serve local businesses imme- bill (H.R. 3721) to amend the Omnibus sume. diately adjacent to the park and con- Parks and Public Lands Management Mr. Speaker, the majority has again cessionaires within the park and is nec- Act of 1996 to allow certain commercial already explained the purpose of H.R. essary for continued business operation vehicles to continue to use Route 209 3721, which deals with truck traffic on within the area for another decade. within Delaware Water Gap National a park road within the Delaware Water The management of U.S. Route 209, Recreation Area and to allow the Na- Gap National Recreation Area. The in accordance with this legislation, tional Park Service to continue to col- Congress has dealt with this issue on meets the goals of the park and is sup- lect fees from those vehicles, and for three different occasions in the past. It ported by the experience of the park, other purposes, as amended. is our hope that this will be the last public sentiment, and economic anal- The Clerk read as follows: time we will need to address this sub- ysis. On behalf of the National Park H.R. 3721 ject. Service, I ask for your support for this Be it enacted by the Senate and House of Rep- Mr. Speaker, we have no objection to legislation. resentatives of the United States of America in its adoption as amended by the House Mrs. MUSGRAVE. Mr. Speaker, I Congress assembled, today. yield back the balance of my time. SECTION 1. USE OF CERTAIN ROADS WITHIN Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The DELAWARE WATER GAP. of my time. question is on the motion offered by Section 702 of Division I of the Omnibus Mrs. MUSGRAVE. Mr. Speaker, I the gentlewoman from Colorado (Mrs. Parks and Public Lands Management Act of yield as much time as he may consume MUSGRAVE) that the House suspend the 1996 (Public Law 104–333; 110 Stat. 4185) is to the gentleman from Pennsylvania amended— rules and pass the bill, H.R. 3721, as (Mr. SHERWOOD). (1) by striking ‘‘2005’’ and inserting ‘‘2015, amended. or whenever a feasible alternative exists, Mr. SHERWOOD. Mr. Speaker, I The question was taken; and (two- whichever comes first,’’ each place it ap- thank Chairman POMBO and Ranking thirds having voted in favor thereof) pears; and Member RAHALL for working with me the rules were suspended and the bill, (2) by amending the last sentence in sub- to get H.R. 3721 on the suspension cal- as amended, was passed. section (c)(2) to read as follows: ‘‘Such fee endar and considered in an expeditious A motion to reconsider was laid on shall be set to fully cover the cost of oper- fashion. the table. ation of the road, but not to exceed $40 per At the request of the National Park f trip.’’. Service, I introduced H.R. 3721 which The SPEAKER pro tempore. Pursu- would extend for 10 years the current LAND EXCHANGES, TAHOE ant to the rule, the gentlewoman from authority for commercial vehicle traf- NATIONAL FOREST, CALIFORNIA Colorado (Mrs. MUSGRAVE) and the gen- fic through the Delaware Water Gap Mrs. MUSGRAVE. Mr. Speaker, I tlewoman from the Virgin Islands (Mrs. National Recreation Area along Route move to suspend the rules and pass the CHRISTENSEN) each will control 20 min- 209. All bordering counties and bor- bill (H.R. 3981) to authorize the Sec- utes. oughs are supportive of the bill. retary of Agriculture to carry out cer- The Chair recognizes the gentle- In supporting the bill, the National tain land exchanges involving small woman from Colorado (Mrs. Park Service cites the continuing need parcels of National Forest System land MUSGRAVE). for commercial vehicle traffic to travel in the Tahoe National Forest in the GENERAL LEAVE through the park in a manner that pro- State of California, and for other pur- Mrs. MUSGRAVE. Mr. Speaker, I ask tects park resources and visitors while poses. unanimous consent that all Members also providing the Water Gap Rec- The Clerk read as follows:

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.022 H15NOPT1 H10172 CONGRESSIONAL RECORD — HOUSE November 15, 2005 H.R. 3981 owner with a parcel of less than 1 acre Sec. 205. Verde River Basin Partnership Be it enacted by the Senate and House of Rep- near a Forest Service trailhead. The final report. resentatives of the United States of America in Forest Service has indicated its inter- Sec. 206. Memorandum of understanding. Sec. 207. Effect. Congress assembled, est and support for these exchanges in SECTION 1. LAND EXCHANGES, TAHOE NATIONAL correspondence to the landowners. TITLE I—NORTHERN ARIZONA LAND EXCHANGE FOREST, CALIFORNIA. I urge you to support this important (a) CHRISTENSEN EXCHANGE.—Notwith- measure. SEC. 101. DEFINITIONS. standing section 3 of Public Law 97–465 (16 In this title: Mr. Speaker, I reserve the balance of U.S.C. 521e; commonly known as the Small (1) CAMP.—The term ‘‘camp’’ means Camp Tracts Act), the Secretary of Agriculture my time. Pearlstein, Friendly Pines, Patterdale Pines, may use the authority of such Act to acquire Mrs. CHRISTENSEN. Mr. Speaker, I Pine Summit, Sky Y, and Young Life Lost land from Irving N. Christensen in that por- yield myself such time as I may con- Canyon camps in the State of Arizona. tion of the SW1⁄4NW1⁄4 of section 16, township sume. (2) CITIES.—The term ‘‘cities’’ means the 19 north, range 9 east, Mount Diablo merid- Mr. Speaker, H.R. 3981 directs the cities of Flagstaff, Williams, and Camp ian, lying southwest of California State Secretary of Agriculture to exchange Verde, Arizona. 1 1 Highway 49 and that portion of the S ⁄2NE ⁄4 two small parcels of National Forest (3) FEDERAL LAND.—The term ‘‘Federal of section 17 of the same township and range land’’ means the land described in section lying southwest of California State Highway System land in the Tahoe National 104. 49 and northeast of the North Fork Yuba Forest in California. We do not object (4) NON-FEDERAL LAND.—The term ‘‘non- River, through an exchange of all right, to the two land exchanges included in Federal land’’ means the land described in title, and interest of the United States in H.R. 3981. section 103. and to a parcel National Forest System land We had concerns with an earlier (5) SECRETARY.—The term ‘‘Secretary’’ in Tahoe National Forest, California, lying version of this legislation, H.R. 1905, means the Secretary of Agriculture. north of California State Highway 49 within that included generic amendments to (6) YAVAPAI RANCH.—The term ‘‘Yavapai 1 1 the N ⁄2N ⁄2 of such section 17. the Small Tracts Act, but those are not Ranch’’ means the Yavapai Ranch Limited (b) MCCREARY EXCHANGE.—The Secretary Partnership, an Arizona Limited Partner- of Agriculture may use the authority of pro- included in this bill, and we have no ship, and the Northern Yavapai, L.L.C., an vided by Public Law 97–465 (16 U.S.C. 521c et objection to H.R. 3981. Arizona Limited Liability Company. seq.; commonly known as the Small Tracts Mr. Speaker, I yield back the balance SEC. 102. LAND EXCHANGE. Act) to acquire land from Dennis W. of my time. (a) IN GENERAL.—(1) Upon the conveyance McCreary and Cindy M. McCreary in lot 19 of Mrs. MUSGRAVE. Mr. Speaker, I by Yavapai Ranch of title to the non-Federal section 35, township 20 north, range 10 east, yield back the balance of my time. land identified in section 103, the Secretary Mount Diablo meridian, through an ex- The SPEAKER pro tempore. The shall simultaneously convey to Yavapai change of all right, title, and interest of the question is on the motion offered by Ranch title to the Federal land identified in United States in and to a parcel National the gentlewoman from Colorado (Mrs. section 104. Forest System land in Tahoe National For- (2) Title to the lands to be exchanged shall MUSGRAVE) that the House suspend the est, California, in lot 121 of such section 35. be in a form acceptable to the Secretary and For purposes of Public Law 97–465, this land rules and pass the bill, H.R. 3981. Yavapai Ranch. exchange is deemed to involve a mineral sur- The question was taken; and (two- (3) The Federal and non-Federal lands to be vey fraction. thirds having voted in favor thereof) exchanged under this title may be modified (c) WITHDRAWAL.—Subject to valid existing the rules were suspended and the bill prior to the exchange as provided in this rights, all lands to be exchanged under this was passed. title. section are withdrawn from location, entry, A motion to reconsider was laid on (4)(A) By mutual agreement, the Secretary and patent under the mining laws of the the table. and Yavapai Ranch may make minor and United States. technical corrections to the maps and legal The SPEAKER pro tempore. Pursu- f descriptions of the lands and interests there- ant to the rule, the gentlewoman from NORTHERN ARIZONA LAND EX- in exchanged or retained under this title, including changes, if necessary to conform to Colorado (Mrs. MUSGRAVE) and the gen- CHANGE AND VERDE RIVER tlewoman from the Virgin Islands (Mrs. surveys approved by the Bureau of Land BASIN PARTNERSHIP ACT OF 2005 Management. CHRISTENSEN) each will control 20 min- Mrs. MUSGRAVE. Mr. Speaker, I (B) In the case of any discrepancy between utes. move to suspend the rules and pass the a map and legal description, the map shall The Chair recognizes the gentle- Senate bill (S. 161) to provide for a land prevail unless the Secretary and Yavapai woman from Colorado (Mrs. exchange in the State of Arizona be- Ranch agree otherwise. MUSGRAVE). (b) EXCHANGE PROCESS.—(1) Except as oth- tween the Secretary of Agriculture and erwise provided in this title, the land ex- GENERAL LEAVE Yavapai Ranch Limited Partnership. change under subsection (a) shall be under- Mrs. MUSGRAVE. Mr. Speaker, I ask The Clerk read as follows: taken in accordance with section 206 of the unanimous consent that all Members S. 161 Federal Land Policy and Management Act may have 5 legislative days to revise Be it enacted by the Senate and House of Rep- (43 U.S.C. 1716). and extend their remarks and include resentatives of the United States of America in (2) Before completing the land exchange extraneous material on the bill under Congress assembled, under this title, the Secretary shall perform any necessary land surveys and pre-exchange consideration. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The SPEAKER pro tempore. Is there inventories, clearances, reviews, and approv- (a) SHORT TITLE.—This Act may be cited as als, including those relating to hazardous objection to the request of the gentle- the ‘‘Northern Arizona Land Exchange and materials, threatened and endangered spe- woman from Colorado? Verde River Basin Partnership Act of 2005’’. cies, cultural and historic resources, and There was no objection. (b) TABLE OF CONTENTS.—The table of con- wetlands and flood plains. Mrs. MUSGRAVE. Mr. Speaker, I tents of this Act is as follows: (c) EQUAL VALUE EXCHANGE.—(1) The value yield myself such time as I may con- Sec. 1. Short title; table of contents. of the Federal land and the non-Federal land sume. TITLE I—NORTHERN ARIZONA LAND shall be equal, or equalized by the Secretary H.R. 3981, authored by the gentleman EXCHANGE by adjusting the acreage of the Federal land in accordance with paragraph (2). from California (Mr. DOOLITTLE), would Sec. 101. Definitions. (2) If the final appraised value of the Fed- Sec. 102. Land exchange. facilitate the exchange of two small eral land exceeds the final appraised value of Sec. 103. Description of non-Federal land. tracts of land under the Small Tracts the non-Federal land, prior to making other Sec. 104. Description of Federal land. Act in the Tahoe National Forest in adjustments, the Federal lands shall be ad- Sec. 105. Status and management of land California. justed by deleting all or part of the parcels after exchange. or portions of the parcels in the following The first would exchange 3 acres of Sec. 106. Miscellaneous provisions. order: mineral rights from the Forest Service Sec. 107. Conveyance of additional land. (A) A portion of the Camp Verde parcel de- to the owner of the surface in exchange TITLE II—VERDE RIVER BASIN for 7 acres of land adjacent to a Forest scribed in section 104(a)(4), comprising ap- PARTNERSHIP proximately 316 acres, located in the Pres- Service campground. The second would Sec. 201. Purpose. cott National Forest, and more particularly provide for the exchange of less than 1 Sec. 202. Definitions. described as lots 1, 5, and 6 of section 26, the acre owned by the Forest Service and Sec. 203. Verde River Basin Partnership. NE1⁄4NE1⁄4 portion of section 26 and the located in the backyard of the property Sec. 204. Verde River Basin studies. N1⁄2N1⁄2 portion of section 27, Township 14

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.010 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10173 North, Range 4 East, Gila and Salt River the owners of the camps described in section applicable, the corresponding parcel de- Base and Meridian, Yavapai County, Ari- 101(1). scribed in section 104(a)(6). zona. (e) CONTRACTING.—(1) If the Secretary (3)(A) Upon request of the specific city or (B) A portion of the Camp Verde parcel de- lacks adequate staff or resources to complete camp referenced in paragraph (2), the Sec- scribed in section 104(a)(4), comprising ap- the exchange by the date specified in section retary shall convey to such city or camp all proximately 314 acres, located in the Pres- 106(c), Yavapai Ranch, subject to the agree- right, title, and interest of the United States cott National Forest, and more particularly ment of the Secretary, may contract with in and to the applicable parcel of Federal described as lots 2, 7, 8, and 9 of section 26, independent third-party contractors to carry land or portion thereof, upon payment of the the SE1⁄4NE1⁄4 portion of section 26, and the out any work necessary to complete the ex- fair market value of the parcel and subject S1⁄2N1⁄2 of section 27, Township 14 North, change by that date. to any terms and conditions the Secretary Range 4 East, Gila and Salt River Base and (2) If, in accordance with this subsection, may require. Meridian, Yavapai County, Arizona. Yavapai Ranch contracts with an inde- (B) A conveyance under this paragraph (C) Beginning at the south boundary of sec- pendent third-party contractor to carry out shall not require new administrative or envi- tion 31, Township 20 North, Range 5 West, any work that would otherwise be performed ronmental analyses or appraisals beyond Gila and Salt River Base and Meridian, by the Secretary, the Secretary shall reim- those prepared for the land exchange. Yavapai County, Arizona, and sections 33 and burse Yavapai Ranch for the costs for the (4) A city or owner of a camp purchasing 35, Township 20 North, Range 6 West, Gila third-party contractors. land under this subsection shall reimburse and Salt River Base and Meridian, Yavapai (f) EASEMENTS.—(1) The exchange of non- Yavapai Ranch for any costs incurred which County, Arizona, by adding to the non-Fed- Federal and Federal land under this title are directly associated with surveys and ap- eral land to be conveyed to the United States shall be subject to any easements, rights-of- praisals of the specific property conveyed. way, utility lines, and any other valid en- (5) A conveyance of land under this sub- in 1⁄8-section increments (E–W 64th line) while deleting from the conveyance to cumbrances in existence on the date of en- section shall not affect the timing of the Yavapai Ranch Federal land in the same in- actment of this Act, including acquired ease- land exchange. cremental portions of section 32, Township 20 ments for water pipelines as generally de- (6) Nothing in this subsection limits the North, Range 5 West, Gila and Salt River picted on the map entitled ‘‘Yavapai Ranch authority of the Secretary or Yavapai Ranch Base and Meridian, Yavapai County, Ari- Land Exchange, YRLP Acquired Easements to delete any of the parcels referenced in this zona, and sections 32, 34, and 36 in Township for Water Lines’’ dated August 2004, and any subsection from the land exchange. (7)(A) The Secretary shall deposit the pro- 20 North, Range 6 West, Gila and Salt River other reservations that may be agreed to by ceeds of any sale under paragraph (2) in a Base and Meridian, Yavapai County, Ari- the Secretary and Yavapai Ranch. (2) Upon completion of the land exchange special account in the fund established under zona, to establish a linear and continuous under this title, the Secretary and Yavapai Public Law 90–171 (commonly known as the boundary that runs east-to-west across the Ranch shall grant each other at no charge ‘‘Sisk Act’’) (16 U.S.C. 484a). sections. reciprocal easements for access and utilities (B) Amounts deposited under subparagraph (D) Any other parcels, or portions thereof, across, over, and through— (A) shall be available to the Secretary, with- agreed to by the Secretary and Yavapai (A) the routes depicted on the map entitled out further appropriation, to be used for the Ranch. acquisition of land in the State of Arizona (3) If any parcel of Federal land or non- ‘‘Yavapai Ranch Land Exchange, Road and for addition to the National Forest System, Federal land is not conveyed because of any Trail Easements, Yavapai Ranch Area’’ including the land to be exchanged under reason, that parcel of land, or portion there- dated August 2004; and of, shall be excluded from the exchange and (B) any relocated routes that are agreed to this title. the remaining lands shall be adjusted as pro- by the Secretary and Yavapai Ranch. SEC. 103. DESCRIPTION OF NON-FEDERAL LAND. vided in this subsection. (3) An easement described in paragraph (2) (a) IN GENERAL.—The non-Federal land re- (4) If the value of the Federal land exceeds shall be unrestricted and non-exclusive in ferred to in this title consists of approxi- the value of the non-Federal land by more nature and shall run with and benefit the mately 35,000 acres of privately-owned land than $50,000, the Secretary and Yavapai land. within the boundaries of the Prescott Na- Ranch shall, by mutual agreement, delete (g) CONVEYANCE OF FEDERAL LAND TO CIT- tional Forest, as generally depicted on the additional Federal land from the exchange IES AND CAMPS.—(1) Prior to the completion map entitled ‘‘Yavapai Ranch Land Ex- until the value of the Federal land and non- of the land exchange between Yavapai Ranch change, Non-Federal Lands’’, dated August Federal land is, to the maximum extent and the Secretary, the cities and the owners 2004. practicable, equal. of the camps may enter into agreements (b) EASEMENTS.—(1) The conveyance of (d) APPRAISALS.—(1) The value of the Fed- with Yavapai Ranch whereby Yavapai non-Federal land to the United States under eral land and non-Federal land shall be de- Ranch, upon completion of the land ex- section 102 shall be subject to the reserva- termined by appraisals prepared in accord- change, will convey to the cities or the own- tion of— ance with the Uniform Appraisal Standards ers of the camps the applicable parcel of Fed- (A) water rights and perpetual easements for Federal Land Acquisitions and the Uni- eral land or portion thereof. that run with and benefit the land retained form Standards of Professional Appraisal (2) If Yavapai Ranch and the cities or camp by Yavapai Ranch for— Practice. owners have not entered into agreements in (i) the operation, maintenance, repair, im- (2)(A) After the Secretary has reviewed and accordance with paragraph (1), the Secretary provement, development, and replacement of approved the final appraised values of the shall, on notification by the cities or owners not more than 3 wells in existence on the Federal land and non-Federal land to be ex- of the camps no later than 30 days after the date of enactment of this Act; changed, the Secretary shall not be required date the relevant approved appraisal is made (ii) related storage tanks, valves, pumps, to reappraise or update the final appraised publicly available, delete the applicable par- and hardware; and values before the completion of the land excel or portion thereof from the land ex- (iii) pipelines to point of use; and change. change between Yavapai Ranch and the (B) easements for reasonable access to ac- (B) This paragraph shall apply during the United States as follows: complish the purposes of the easements de- three-year period following the approval by (A) Upon request of the City of Flagstaff, scribed in subparagraph (A). the Secretary of the final appraised values of Arizona, the parcels, or portion thereof, de- (2) Each easement for an existing well re- the Federal land and non-Federal land unless scribed in section 104(a)(2). ferred to in paragraph (1) shall be 40 acres in the Secretary and Yavapai Ranch have en- (B) Upon request of the City of Williams, area, and to the maximum extent prac- tered into an agreement to implement the Arizona, the parcels, or portion thereof, de- ticable, centered on the existing well. exchange. (3) During the appraisal process, the ap- scribed in section 104(a)(3). (3) The United States shall be entitled to praiser shall determine the value of each (C) Upon request of the City of Camp one-half the production of each existing or parcel of Federal land and non-Federal land Verde, Arizona, a portion of the parcel de- replacement well, not to exceed a total of (including the contributory value of each in- scribed in section 104(a)(4), comprising ap- 3,100,000 gallons of water annually for Na- dividual section of the intermingled Federal proximately 514 acres located southeast of tional Forest System purposes. and non-Federal land of the property de- the southeastern boundary of the I–17 right- (4) The locations of the easements and scribed in sections 103(a) and 104(a)(1)) as an of-way, and more particularly described as wells shall be as generally depicted on the assembled transaction. the SE1⁄4 portion of the southeast quarter of map entitled ‘‘Yavapai Ranch Land Ex- (4)(A) To ensure the timely and full disclo- section 26, the E1⁄2 and the E1⁄2W1⁄2 portions of change, Reserved Easements for Water Lines sure to the public of the final appraised val- section 35, and lots 5 through 7 of section 36, and Wells’’, dated August 2004. ues of the Federal land and non-Federal land, Township 14 North, Range 4 East, Gila and SEC. 104. DESCRIPTION OF FEDERAL LAND. the Secretary shall provide public notice of Salt River Base and Meridian, Yavapai Coun- (a) IN GENERAL.—The Federal land referred any appraisals approved by the Secretary ty, Arizona. to in this title consists of the following: and copies of such appraisals shall be avail- (D) Upon request of the owners of the (1) Certain land comprising approximately able for public inspection in appropriate of- Younglife Lost Canyon camp, the parcel de- 15,300 acres located in the Prescott National fices of the Prescott, Coconino, and Kaibab scribed in section 104(a)(5). Forest, as generally depicted on the map en- National Forests. (E) Upon request of the owner of Friendly titled ‘‘Yavapai Ranch Land Exchange, (B) The Secretary shall also provide copies Pines Camp, Patterdale Pines Camp, Camp Yavapai Ranch Area Federal Lands’’, dated of any approved appraisals to the cities and Pearlstein, Pine Summit, or Sky Y Camp, as August 2004.

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.011 H15NOPT1 H10174 CONGRESSIONAL RECORD — HOUSE November 15, 2005 (2) Certain land located in the Coconino political subdivision of the State to enforce TITLE II—VERDE RIVER BASIN National Forest— the terms of the conservation easement. PARTNERSHIP (A) comprising approximately 1,500 acres SEC. 105. STATUS AND MANAGEMENT OF LAND SEC. 201. PURPOSE. as generally depicted on the map entitled AFTER EXCHANGE. The purpose of this title is to authorize as- ‘‘Yavapai Ranch Land Exchange, Flagstaff (a) IN GENERAL.—Land acquired by the sistance for a collaborative and science- Federal Lands Airport Parcel’’, dated August United States under this title shall become based water resource planning and manage- 2004; and part of the Prescott National Forest and ment partnership for the Verde River Basin (B) comprising approximately 28.26 acres in shall be administered by the Secretary in ac- in the State of Arizona, consisting of mem- two separate parcels, as generally depicted cordance with this title and the laws applica- bers that represent— on the map entitled ‘‘Yavapai Ranch Land ble to the National Forest System. (1) Federal, State, and local agencies; and Exchange, Flagstaff Federal Lands Wetzel (b) GRAZING.—Where grazing on non-Fed- (2) economic, environmental, and commu- School and Mt. Elden Parcels’’, dated August eral land acquired by the Secretary under nity water interests in the Verde River 2004. this title occurs prior to the date of enact- Basin. ment of this Act, the Secretary may manage (3) Certain land located in the Kaibab Na- SEC. 202. DEFINITIONS. the land to allow for continued grazing use, tional Forest, and referred to as the Wil- In this title: in accordance with the laws generally appli- liams Airport, Williams golf course, Wil- (1) DIRECTOR.—The term ‘‘Director’’ means cable to domestic livestock grazing on Na- liams Sewer, Buckskinner Park, Williams the Director of the Arizona Department of tional Forest System land. Railroad, and Well parcels number 2, 3, and 4, Water Resources. (c) TIMBER HARVESTING.—(1) After comple- cumulatively comprising approximately 950 tion of the land exchange under this title, (2) PARTNERSHIP.—The term ‘‘Partnership’’ acres, as generally depicted on the map enti- except as provided in paragraph (2), commer- means the Verde River Basin Partnership. tled ‘‘Yavapai Ranch Land Exchange, Wil- cial timber harvesting shall be prohibited on (3) PLAN.—The term ‘‘plan’’ means the plan liams Federal Lands’’, dated August 2004. the non-Federal land acquired by the United for the Verde River Basin required by section (4) Certain land located in the Prescott Na- States. 204(a)(1). tional Forest, comprising approximately (2) Timber harvesting may be conducted on (4) SECRETARY.—The term ‘‘Secretary’’ 2,200 acres, as generally depicted on the map the non-Federal land acquired under this means the Secretary of Agriculture. entitled ‘‘Yavapai Ranch Land Exchange, title if the Secretary determines that such (5) STATE.—The term ‘‘State’’ means the Camp Verde Federal Land General Crook harvesting is necessary— State of Arizona. Parcel’’, dated August 2004. (A) to prevent or control fires, insects, and (6) VERDE RIVER BASIN.—The term ‘‘Verde (5) Certain land located in the Kaibab Na- disease through forest thinning or other for- River Basin’’ means the land area designated tional Forest, comprising approximately est management techniques; by the Arizona Department of Water Re- 237.5 acres, as generally depicted on the map (B) to protect or enhance grassland habi- sources as encompassing surface water and entitled ‘‘Yavapai Ranch Land Exchange, tat, watershed values, native plants and groundwater resources, including drainage Younglife Lost Canyon’’, dated August 2004. wildlife species; or and recharge areas with a hydrologic connec- (6) Certain land located in the Prescott Na- (C) to improve forest health. tion to the Verde River. (7) WATER BUDGET.—The term ‘‘water budg- tional Forest, including the ‘‘Friendly SEC. 106. MISCELLANEOUS PROVISIONS. et’’ means the accounting of— Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp (a) REVOCATION OF ORDERS.—Any public or- (A) the quantities of water leaving the Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ ders withdrawing any of the Federal land Verde River Basin— camps, cumulatively comprising approxi- from appropriation or disposal under the (i) as discharge to the Verde River and mately 200 acres, as generally depicted on public land laws are revoked to the extent tributaries; the map entitled ‘‘Yavapai Ranch Land Ex- necessary to permit disposal of the Federal (ii) as subsurface outflow; change, Prescott Federal Lands, Summer land. (iii) as evapotranspiration by riparian Youth Camp Parcels’’, dated August 2004. (b) WITHDRAWAL OF FEDERAL LAND.—Sub- vegetation; (b) CONDITION OF CONVEYANCE OF CAMP ject to valid existing rights, the Federal land (iv) as surface evaporation; VERDE PARCEL.—(1) To conserve water in the is withdrawn from all forms of entry and ap- Verde Valley, Arizona, and to minimize the propriation under the public land laws; loca- (v) for agricultural use; and adverse impacts from future development of tion, entry, and patent under the mining (vi) for human consumption; and the Camp Verde General Crook parcel de- laws; and operation of the mineral leasing (B) the quantities of water replenishing the scribed in subsection (a)(4) on current and fu- and geothermal leasing laws, until the date Verde River Basin by precipitation, infiltra- ture holders of water rights in existence of on which the land exchange is completed. tion, and subsurface inflows. the date of enactment of this Act and the (c) COMPLETION OF EXCHANGE.—It is the in- SEC. 203. VERDE RIVER BASIN PARTNERSHIP. Verde River and National Forest System tent of Congress that the land exchange au- (a) IN GENERAL.—The Secretary may par- lands retained by the United States, the thorized and directed under this title be ticipate in the establishment of a partnership, to be known as the ‘‘Verde River Basin United States shall limit in perpetuity the completed not later than 18 months after the Partnership’’, made up of Federal, State, use of water on the parcel by reserving con- date of enactment of this Act. local governments, and other entities with servation easements that— SEC. 107. CONVEYANCE OF ADDITIONAL LAND. responsibilities and expertise in water to co- (A) run with the land; (a) IN GENERAL.—The Secretary shall con- ordinate and cooperate in the identification (B) prohibit golf course development on the vey to a person that represents the majority of landowners with encroachments on the lot and implementation of comprehensive parcel; science-based policies, projects, and manage- (C) require that any public park or green- by quitclaim deed the parcel of land described in subsection (b). ment activities relating to the Verde River belt on the parcel be watered with treated Basin. wastewater; (b) DESCRIPTION OF LAND.—The parcel of land referred to in subsection (a) is lot 8 in (b) AUTHORIZATION OF APPROPRIATIONS.—On (D) limit total post-exchange water use on establishment of the Partnership, there are the parcel to not more than 300 acre-feet of section 11, T. 21 N., R. 7 E., Gila and Salt River Base and Meridian, Coconino County, authorized to be appropriated to the Sec- water per year; retary and the Secretary of the Interior such (E) provide that any water supplied by mu- Arizona. (c) AMOUNT OF CONSIDERATION.—In ex- sums as are necessary to carry out the ac- nicipalities or private water companies shall change for the land described in subsection tivities of the Partnership for each of fiscal count towards the post-exchange water use (b), the person acquiring the land shall pay years 2006 through 2010. limitation described in subparagraph (D); to the Secretary consideration in the SEC. 204. VERDE RIVER BASIN STUDIES. and amount of— (a) STUDIES.— (F) except for water supplied to the parcel (1) $2500; plus (1) IN GENERAL.—The Partnership shall pre- by municipal water service providers or pri- (2) any costs of re-monumenting the pare a plan for conducting water resource vate water companies, require that any boundary of land. studies in the Verde River Basin that identi- water used for the parcel not be withdrawn (d) TIMING.—(1) Not later than 90 days after fies— from wells perforated in the saturated Holo- the date on which the Secretary receives a (A) the primary study objectives to fulfill cene alluvium of the Verde River. power of attorney executed by the person ac- water resource planning and management (2) If Yavapai Ranch conveys the Camp quiring the land, the Secretary shall convey needs for the Verde River Basin; and Verde parcel described in subsection (a)(4), to the person the land described in sub- (B) the water resource studies, hydrologic or any portion thereof, the terms of convey- section (b). models, surface and groundwater monitoring ance shall include a recorded and binding (2) If, by the date that is 270 days after the networks, and other analytical tools helpful agreement of the quantity of water available date of enactment of this Act, the Secretary in the identification of long-term water sup- for use on the land conveyed, as determined does not receive the power of attorney de- ply management options within the Verde by Yavapai Ranch, except that total water scribed in paragraph (1)— River Basin. use on the Camp Verde parcel may not ex- (A) the authority provided under this sec- (2) REQUIREMENTS.—At a minimum, the ceed the amount specified in paragraph tion shall terminate; and plan shall— (1)(D). (B) any conveyance of the land shall be (A) include a list of specific studies and (3) The Secretary may enter into a memo- made under Public Law 97–465 (16 U.S.C. 521c analyses that are needed to support Partner- randum of understanding with the State or et seq.). ship planning and management decisions;

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.011 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10175 (B) identify any ongoing or completed SEC. 206. MEMORANDUM OF UNDERSTANDING. this legislation will meet that need. I water resource or riparian studies that are The Secretary (acting through the Chief of urge adoption of the bill. relevant to water resource planning and the Forest Service) and the Secretary of the Mr. Speaker, I reserve the balance of management for the Verde River Basin; Interior, shall enter into a memorandum of my time. (C) describe the estimated cost and dura- understanding authorizing the United States tion of the proposed studies and analyses; Geological Survey to access Forest Service b 1430 land (including stream gauges, weather sta- and Mrs. CHRISTENSEN. Mr. Speaker, I (D) designate as a study priority the com- tions, wells, or other points of data collec- pilation of a water budget analysis for the tion on the Forest Service land) to carry out yield myself such time as I may con- Verde Valley. this title. sume. (b) VERDE VALLEY WATER BUDGET ANAL- SEC. 207. EFFECT. Mr. Speaker, S. 161 directs the Sec- YSIS.— Nothing in this title diminishes or expands retary of Agriculture to provide for a (1) IN GENERAL.—Subject to the avail- State or local jurisdiction, responsibilities, land exchange of various parcels be- ability of appropriations, not later than 14 or rights with respect to water resource tween the United States Forest Service months after the date of enactment of this management or control. and the Yavapai Ranch Limited Part- Act, the Director of the U.S. Geological Sur- The SPEAKER pro tempore. Pursu- nership in Arizona. vey, in cooperation with the Director, shall prepare and submit to the Partnership a re- ant to the rule, the gentlewoman from While S. 161 is not ideal, it is an import that provides a water budget analysis of Colorado (Mrs. MUSGRAVE) and the gen- provement upon legislation considered the portion of the Verde River Basin within tlewoman from the Virgin Islands (Mrs. by the House in the past. the Verde Valley. CHRISTENSEN) each will control 20 min- Specifically, efforts were made to ad- (2) COMPONENTS.—The report submitted utes. dress water use concerns with the under paragraph (1) shall include— The Chair recognizes the gentle- Camp Verde parcel, lowering the water- (A) a summary of the information avail- woman from Colorado (Mrs. ing use limitation from 700 acre feet able on the hydrologic flow regime for the MUSGRAVE). per year to 300 acre feet per year. Fur- portion of the Middle Verde River from the Clarkdale streamgauging station to the city GENERAL LEAVE thermore, a parcel in the city of Cot- of Camp Verde at United States Geological Mrs. MUSGRAVE. Mr. Speaker, I ask tonwood was removed from this legisla- Survey Stream Gauge 09506000; unanimous consent that all Members tion. (B) with respect to the portion of the Mid- may have 5 legislative days to revise Mr. Speaker, we, therefore, have no dle Verde River described in subparagraph and extend their remarks and include objections to S. 161. (A), estimates of— extraneous material on the bill under Mr. Speaker, I yield back the balance (i) the inflow and outflow of surface water consideration. of my time. and groundwater; The SPEAKER pro tempore. Is there Mrs. MUSGRAVE. Mr. Speaker, I (ii) annual consumptive water use; and yield as much time as he may consume (iii) changes in groundwater storage; and objection to the request of the gentle- (C) an analysis of the potential long-term woman from Colorado? to the gentleman from Arizona (Mr. consequences of various water use scenarios There was no objection. HAYWORTH). on groundwater levels and Verde River flows. Mrs. MUSGRAVE. Mr. Speaker, I Mr. HAYWORTH. Mr. Speaker, I (c) PRELIMINARY REPORT AND RECOMMENDA- yield myself such time as I may con- thank my colleague from Colorado for TIONS.—. sume. the time. (1) IN GENERAL.—Not later than 16 months S. 161, introduced by Senator Mr. Speaker, S. 161 provides for a after the date of enactment of this Act, MCCAIN, provides for a land exchange Federal land exchange that places using the information provided in the report in the State of Arizona between the some 35,000 acres of pristine ponderosa submitted under subsection (b) and any other relevant information, the Partnership Secretary of Agriculture and the pine forest land and biologically di- shall submit to the Secretary, the Governor Yavapai Ranch Limit Partnership. verse land, much of which borders an of Arizona, and representatives of the Verde This bill would consolidate the larg- existing wilderness area, in the hands Valley communities, a preliminary report est remaining checkerboard ownership of the Forest Service. that sets forth the findings and recommenda- in Arizona. The Forest Service will re- This bill has been carefully crafted to tions of the Partnership regarding the long- ceive 35,000 acres of land and the ensure that the environment, eco- term available water supply within the Yavapai Ranch Limited Partnership system, watershed, and forest lands of Verde Valley. would receive approximately 21,000 northern Arizona are protected and (2) CONSIDERATION OF RECOMMENDATIONS.— The Secretary may take into account the acres of land. preserved. I would particularly like to recommendations included in the report sub- This legislation also creates the commend my colleague from Arizona, mitted under paragraph (1) with respect to Verde River Basin Partnership to help Congressman RICK RENZI of the first decisions affecting land under the jurisdic- resolve water issues. The goal of this district, for his very hard work on this tion of the Secretary, including any future collaborative group is to develop a legislation. sales or exchanges of Federal land in the water resource management plan and Mr. Speaker, I know that we work Verde River Basin after the date of enact- submit this plan to the Secretary of here in a deliberative body, but it is ment of this Act. the Interior and the Governor of Ari- not an overstatement to say that this (3) EFFECT.—Any recommendations included in the report submitted under para- zona. bill has been a long time coming. Over graph (1) shall not affect the land exchange Nothing in this section would under- half a decade ago, I originally intro- process or the appraisals of the Federal land mine State and local water laws. In duced this bill in the House, working and non-Federal land conducted under sec- fact, this legislation’s partnership is closely with my good friend, the late tions 103 and 104. simply a forum for planning and work- Bob Stump. SEC. 205. VERDE RIVER BASIN PARTNERSHIP ing together on the Verde Basin’s For several years now, details of this FINAL REPORT. pressing water issues. As such, there is bill have been negotiated and many Not later than 4 years after the date of en- a very serious expectation that the compromises made on all sides in order actment of this Act, the Partnership shall partnership will reach out to everyone to come up with this legislation enter- submit to the Secretary and the Governor of in the basin’s communities as it cre- tained on the floor of the people’s Arizona a final report that— (1) includes a summary of the results of ates its plan. Holding town meetings, House today. I do not believe that it any water resource assessments conducted meeting with all levels of local govern- gives every party everything they under this title in the Verde River Basin; ment, and releasing draft documents wanted, but it shows that the over- (2) identifies any areas in the Verde River for the general public’s comment are arching goal of preserving forest land Basin that are determined to have ground- just three items that the partnership is and doing something good for small water deficits or other current or potential expected to perform. towns and communities in Arizona has water supply problems; I am confident that the partnership been given the highest priority by all (3) identifies long-term water supply man- will truly be accountable to the local parties involved. agement options for communities and water resources within the Verde River Basin; and community who lives in the backyard The concept of a land exchange to (4) identifies water resource analyses and of the Verde River. These local citizens consolidate the Yavapai Ranch lands monitoring needed to support the implemen- have asked for and deserve the very just makes sense. Through this land tation of management options. best in having their voices heard and exchange, the Federal Government will

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.011 H15NOPT1 H10176 CONGRESSIONAL RECORD — HOUSE November 15, 2005 receive environmentally sensitive, tion will allow the City of Flagstaff to develop The question was taken; and (two- pristine forest lands that truly belong a new city park and recreational areas and ob- thirds having voted in favor thereof) under the stewardship of the U.S. For- tain ownership of land near their water treat- the rules were suspended and the Sen- est Service to be preserved for future ment plant. This is critical to the City of Flag- ate bill was passed. generations. staff’s future by providing economic develop- A motion to reconsider was laid on This exchange was originally initi- ment and affordable housing. the table. ated by the Forest Service to consoli- The Northern Arizona Land Exchange Act f date the largest remaining checker- will also allow the City of Williams to acquire NATIONAL PARK SERVICE STUDY board parcel of land in Arizona and to land for its well sites, water storage tanks and REGARDING CASTLE NUGENT protect the Juniper Mountains forested wastewater facility and drinking water treat- FARMS area from future development. Water- ment plants. Until recently, the City of Williams shed management, wildlife habitat, and relied completely on surface water supplies to Mrs. MUSGRAVE. Mr. Speaker, I outdoor recreation in the consolidated service the community, however, surface move to suspend the rules and pass the bill (H.R. 318) to authorize the Sec- land parcel will be preserved through water reservoirs in Williams are well below retary of the Interior to study the suit- this action. their needed capacity. This legislation will as- ability and feasibility of designating Many of the land parcels the Forest sist Williams in meeting their water challenges Castle Nugent Farms located on St. Service will trade to accomplish these in the future by providing new land for well goals are eagerly sought by local com- Croix, Virgin Islands, as a unit of the drilling sites. National Park System, and for other munities for a variety of worthwhile Finally, this legislation ensures that six sum- purposes. civic purposes, including expansion of mer youth camps, serving between 10 and 12 The Clerk read as follows: airports, parks, and other municipal fa- thousand children a year, have the opportunity H.R. 318 cilities. Also, six summer camps that to acquire the land and benefit from full own- Be it enacted by the Senate and House of Rep- currently lease lands from the Forest ership and management of this land. resentatives of the United States of America in Service will acquire those leased areas. S. 161 ensures that stringent water con- Congress assembled, There has been considerable partici- servation and water use restrictions must be SECTION 1. NATIONAL PARK SERVICE STUDY RE- pation of local elected officials, Forest met for any future development. In addition, GARDING CASTLE NUGENT FARMS. Service personnel, private citizens, and any development must also comply with the (a) FINDINGS.—Congress finds the fol- various citizen groups from northern State of Arizona’s surface and ground water lowing: Arizona and Arizona’s Verde Valley in laws, as well as local community planning (1) Castle Nugent Farms, located on the drafting this legislation. Their input southeastern shore of St. Croix, U.S. Virgin standards. Islands, is the largest parcel of privately- and perspectives have proven invalu- This legislation also creates the Verde River held land in the Virgin Islands and has been able, and I am confident that the bill Basin Partnership to help resolve water an operating cattle ranch for 50 years. now put forth by my colleague from issues. The goal of this collaborative group is (2) This land has the largest and healthiest Arizona addresses every major concern to develop a water resource management plan fringing coral reef anywhere in the Virgin Is- that has been brought forward. and submit this plan to the Secretary of the In- lands. This bill makes good common sense terior and the Governor of Arizona. (3) It consists of Caribbean dry forest and for our forests and for our people of Ar- Nothing in this section will undermine state pasturelands with considerable cultural re- izona. The cost savings for the Federal and local water laws. In fact, this legislation’s sources including both pre-Columbian and post-European settlement. Government and, therefore, for Amer- partnership is simply a forum for planning and (4) Castle Nugent Farms contains a large ican taxpayers associated with this working together on the Verde Basin’s press- historic 17th century Danish estate house land exchange are significant. The saving water issues. As such, there is a very seri- that sits on over 4 miles of pristine Carib- ings are accomplished through consoli- ous expectation that the Partnership will reach bean oceanfront property. dation of Federal lands that allows for out to everyone in the Basin’s communities as (5) In addition to being an area for turtle much greater ease in forest manage- it creates its Plan. Holding town meetings, nesting and night heron nesting, it is the ment. meeting with all levels of local government home for the Senepol cattle breed, a unique But much more important, this ex- and releasing draft documents for the general breed of cattle that was developed on St. change will ensure that one of the last Croix in the early 1900’s to adapt to the is- public’s comment are just three items that the land’s climate. largest pristine forested parcels in Ari- Partnership is expected to perform. (b) STUDY.—The Secretary of the Interior zona will pass out of private hands and I am confident that the Partnership will truly shall carry out a study regarding the suit- be protected from potentially harmful be accountable to the local communities who ability and feasibility of designating Castle development indefinitely. live in the backyard of the Verde River. These Nugent Farms as a unit of the National Park It will prove good for this generation local citizens have asked for and deserve the System. of Arizonans, future generations of Ari- (c) STUDY PROCESS AND COMPLETION.—Sec- very best in having their voices heard and the tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– zonans and for all Americans, and I legislation will meet that need. 5(c)) shall apply to the conduct and comple- join my colleagues from both Colorado This legislation will benefit the public, the tion of the study required by this section. and the Virgin Islands in urging pas- many communities and camps in northern Ari- The SPEAKER pro tempore. Pursu- sage of this legislation. zona that will receive opportunities for future ant to the rule, the gentlewoman from Mr. RENZI. Mr. Speaker, I rise in support of economic development, and the natural beau- Colorado (Mrs. MUSGRAVE) and the gen- S. 161, the Northern Arizona Land Exchange ty of the Yavapai Ranch. In addition, the tlewoman from the Virgin Islands (Mrs. and Verde River Basin Partnership Act. This science-based water resource planning and CHRISTENSEN) each will control 20 min- legislation facilitates a land exchange in north- management partnership created by this legis- utes. ern Arizona of private land within the Yavapai lation will provide much- needed research in The Chair recognizes the gentle- Ranch for Forest Service land in the northern this sensitive area. Bringing the Yavapai woman from Colorado (Mrs. portion of the state and establishes a water re- Ranch into federal ownership is in the best in- MUSGRAVE). source planning and management partnership terest of the public, and the Forest Service GENERAL LEAVE in the Verde River Basin. has indicated that it would otherwise be un- Mrs. MUSGRAVE. Mr. Speaker, I ask This legislation accomplishes several goals able to acquire these parcels. unanimous consent that all Members in northern Arizona. First, it will preserve the I urge my colleagues to support S. 161, the may have 5 legislative days to revise pristine areas within Yavapai Ranch for wildlife Northern Arizona Land Exchange Act and and extend their remarks and include and recreation, by consolidating a 110 square Verde River Basin Partnership Act. extraneous material on the bill under mile area in the Prescott National Forest. This Mrs. MUSGRAVE. Mr. Speaker, I consideration. area is adjacent to the Juniper Mesa Wilder- yield back the balance of my time. The SPEAKER pro tempore. Is there ness Area and will help preserve precious The SPEAKER pro tempore (Mr. objection to the request of the gentle- habitat for ponderosa pine, alligator juniper BISHOP of Utah). The question is on the woman from Colorado? and pronghorn antelope. motion offered by the gentlewoman There was no objection. Second, the bill provides the City of Flag- from Colorado (Mrs. MUSGRAVE) that Mrs. MUSGRAVE. Mr. Speaker, I staff with the opportunity to acquire land to ex- the House suspend the rules and pass yield myself as much time as I may pand and improve Pulliam Airport. This legisla- the Senate bill, S. 161. consume.

VerDate Aug 31 2005 01:43 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.024 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10177 H.R. 318, introduced by my Resources property’s owners not only support a There was no objection. Committee colleague DONNA CHRISTEN- park study of the site but are enthusi- Mrs. MUSGRAVE. Mr. Speaker, I SEN of the U.S. Virgin Islands, would astic about the opportunity to preserve yield myself as much time as I may authorize the Secretary of the Interior the natural and cultural resources of consume. to study the suitability and feasibility the farm. H.R. 323, introduced by the gen- of designating the Castle Nugent Mr. Speaker, it is my hope that the tleman from New York (Mr. ENGEL), Farms located on St. Croix, U.S. Virgin park study will provide the blueprint designates the library on the third Islands, as a unit of the National Park by which we can preserve and interpret floor of the Ellis Island museum as the System. I understand that the owners this unique piece of island history and Bob Hope Memorial Library. of the farm, the largest parcel of pri- resources for the benefit of present and Bob Hope arrived as an immigrant to vately held land in the United States future generations. Ellis Island in 1908 at the age of 4. Virgin Islands, are aware of this legis- I thank my colleagues on the other Later, he became one of the country’s lation and support the national park side of the aisle for their support, and greatest entertainers and was some- study. I strongly support the adoption of this times referred to as ‘‘America’s most Mr. Speaker, H.R. 318 is supported by bill by the House today. famous immigrant.’’ the majority and minority of the Re- Mr. Speaker, I yield back the balance H.R. 323 simply renames the library sources Committee and the administra- of my time. on the third floor of the immigration tion. Additionally, identical legislation Mrs. MUSGRAVE. Mr. Speaker, I station museum. The Hope family is was passed by the House in the 108th yield back the balance of my time. supportive of the effort to redesignate Congress. The SPEAKER pro tempore. The the library. I urge adoption of the bill. question is on the motion offered by I urge adoption of the bill. Mr. Speaker, I reserve the balance of the gentlewoman from Colorado (Mrs. Mr. Speaker, I reserve the balance of my time. MUSGRAVE) that the House suspend the my time. Mrs. CHRISTENSEN. Mr. Speaker, I rules and pass the bill, H.R. 318. Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may con- The question was taken; and (two- yield myself such time as I may consume. thirds having voted in favor thereof) sume. Mr. Speaker, I am very pleased that the rules were suspended and the bill Mr. Speaker, the majority has al- the House today is considering H.R. was passed. ready explained pretty much the pur- 318, legislation that I introduced to A motion to reconsider was laid on pose of H.R. 323, which was introduced provide for a study to determine the the table. by our colleague from New York (Mr. feasibility and suitability of desig- f ENGEL). nating Castle Nugent Farms in the Bob Hope and his family immigrated BOB HOPE MEMORIAL LIBRARY United States Virgin Islands as a unit to the United States in 1908, and like of the National Park System. Mrs. MUSGRAVE. Mr. Speaker, I millions of other immigrants entered Castle Nugent Farms is a unique move to suspend the rules and pass the the United States through Ellis Island. 1,350-acre property located on the bill (H.R. 323) to redesignate the Ellis As all of us know and many of us have southeastern shore of my home island Island Library on the third floor of the had the opportunity to enjoy, Bob Hope of St. Croix. It contains natural and Ellis Island Immigration Museum, lo- went on to have an illustrious career as cultural resources which could provide cated on Ellis Island in New York Har- a comedic entertainer and is remem- an unparalleled insight into the planta- bor, as the ‘‘Bob Hope Memorial Li- bered by many for his work over nearly tion period of the Virgin Islands. brary’’. six decades traveling the globe to en- Castle Nugent Farms is presently op- The Clerk read as follows: tertain American servicemen and erated as a cattle ranch by owners who H.R. 232 -women. are very interested in preserving and Be it enacted by the Senate and House of Rep- Mr. Speaker, we wholeheartedly sup- interpreting the natural and cultural resentatives of the United States of America in port H.R. 323 as a means to honor the resources of the area. Caroline Gasperi, Congress assembled, contributions of a great entertainer whose family members have been stew- SECTION 1. REDESIGNATION. and great American and urge the adop- ards of this land for more than 50 The Ellis Island Library on the third floor tion of the legislation by the House years, has been an enthusiastic sup- of the Ellis Island Immigration Museum, lo- today. porter for the preservation of this site. cated on Ellis Island in New York Harbor, Mr. Speaker, I yield such time as he shall be known and redesignated as the ‘‘Bob The passage of this bill today would Hope Memorial Library’’. may consume to our colleague from NGEL bring her one step closer to her long- SEC. 2. REFERENCES. New York (Mr. E ), the sponsor of held and also hard-fought-for dream. Any reference in a law, map, regulation, the bill. The owners are justifiably proud of document, paper, or other record of the Mr. ENGEL. Mr. Speaker, I thank their ranch, which contains more than United States to the Ellis Island Library on the gentlewoman from the Virgin Is- 4 miles of pristine oceanfront with a the third floor of the Ellis Island Immigra- lands for yielding time to me, and I large and healthy fringing coral reef. tion Museum referred to in section 1 shall be thank the gentlewoman from Colorado The interior of the property consists of deemed to be a reference to the ‘‘Bob Hope as well and I want to thank the Speak- Caribbean dry forest and pasture lands Memorial Library’’. er for the opportunity to talk about with cultural resources from both pre- The SPEAKER pro tempore. Pursu- H.R. 323, which is what was mentioned Colombian and post-European settle- ant to the rule, the gentlewoman from before, a bill which will name the ment. Colorado (Mrs. MUSGRAVE) and the gen- third-floor library at Ellis Island in A large Danish estate house, dating tlewoman from the Virgin Islands (Mrs. New York Harbor as the Bob Hope Me- to the 1730s, sits on the property. That CHRISTENSEN) each will control 20 min- morial Library. house is listed on the National Register utes. I would also like to thank the gen- of Historic Places. The Chair recognizes the gentle- tleman from California (Mr. GALLEGLY) At various points in its history, Cas- woman from Colorado (Mrs. for his assistance and support of the tle Nugent Farm has been operated as MUSGRAVE). bill. a cotton plantation and a sugar cane GENERAL LEAVE Mr. Speaker, most Americans re- plantation. Its current use as a cattle Mrs. MUSGRAVE. Mr. Speaker, I ask member Bob Hope for his work in the ranch involves raising unique Senepol unanimous consent that all Members entertainment business, as a comedian, cattle, a breed which is well suited to may have 5 legislative days to revise actor, dancer, singer, as well as his the climate and vegetation of the area. and extend their remarks and include work with American troops abroad; but H.R. 318 is a noncontroversial bill. extraneous material on the bill under what few know or remember about Bob Identical language, as we have heard, consideration. Hope is that he was an immigrant from passed the House in the last Congress. The SPEAKER pro tempore. Is there England. The National Park Service has no ob- objection to the request of the gentle- The gentlewoman mentioned he came jections to the legislation, and the woman from Colorado? to the United States when he was only

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.026 H15NOPT1 H10178 CONGRESSIONAL RECORD — HOUSE November 15, 2005 4 years old, and certainly he is referred Bob Hope has been honored in many immigrant to come through Ellis Island, of to as America’s most famous immi- ways for his work. In fact, the family the sixteen million who so emigrated. Forty grant whose life epitomizes the Amer- tells us he has been honored with over percent of the current United States popu- ican Dream. 1,500 awards. Some notable awards in- lation has roots in Ellis Island. I would like to also take this oppor- The Museum is owned and administered by clude several Academy Awards, obvi- the National Park Service on behalf of the tunity to vent my frustration a little ously; a Congressional Gold Medal in Department of the Interior. Ellis Island and bit with the National Park Service and 1962; an Emmy; and a Golden Globe. the Statute of Liberty, to which it is con- its handling of this legislation. Despite all the awards Bob Hope re- nected, are the most sought after destina- We need to pass this bill. I read in ceived, he had a special place in his tions for tourists visiting New York. The Li- Congressional Quarterly that the Na- heart for Ellis Island, and in 1990 when brary contains, among other rooms, the Oral tional Park Service does not support the Ellis Island Restoration Commis- History Room, in which the stories of immi- the bill on the grounds that Bob Hope’s sion suggested naming the third floor grants who arrived through Ellis Island are journey through Ellis Island and his recorded and computerized, and the Ellis Is- library of the museum in his honor, he land Archives. life’s accomplishments may not be stated that it would be ‘‘one of the sin- enough to warrant renaming the is- As reflected in the letters we have en- gle most important highpoints in my closed, Mr. Hope in 1990 and 1991, showed land’s library in his honor. career.’’ great interest in the Island and reflected sin- I want to say that they presented Sadly, Bob Hope passed away in 2003 cere appreciation for the honor of having the that same sort of testimony before the at the age of 100 and did not see this Library named after him. Unfortunately, at committee; and the committee had the project finished. So the Bob Hope Me- that time, bureaucratic complications did good sense, in a bipartisan fashion, to morial Library will serve as a daily re- not permit the project to move ahead. It would be our intention, if the family ap- reject that kind of thinking, because minder to Ellis Island’s visitors of Bob this is something that is very deserv- proves, to seek a bill passed by Congress and Hope’s great contributions to the have it signed into law by the President. We ing for Bob Hope because, after all, it is American people, American culture, Bob Hope. Everyone knows Bob Hope would not be seeking any funds from the Bob and the American dream. Hope Foundation or any family members, and everyone knows what he stood for. Mr. Speaker, I have a letter from Bob but this would simply be in recognition of Bob Hope embodies the American Hope expressing his support of the mu- the great contributions to America’s life, Dream, and the Ellis Island Restora- seum as well as a letter from the Ellis culture and entertainment by Bob Hope. tion Commission even called naming Island Restoration Commission ex- Ironically, we were in London at the time the library a fitting tribute. of Mr. Hope’s passing and took the oppor- pressing their support for this project After a long period of restoration, tunity to visit his childhood home and the Ellis Island was turned into a museum which I will include for the RECORD. Bob Hope Theatre in Eltham. in 1990 for people to come and remem- In conclusion, I want to just say I We were provided your contact informa- ber the 16 million immigrants who know that everyone supports this and I tion by WOR’s Joe Franklin and his pro- passed through Ellis Island from 1892 to trust this will pass unanimously be- ducer, Richard Orenstein, in New York, both cause, after all, this is Bob Hope. of whom enthusiastically encouraged this 1954 to pursue the American Dream. idea. MAY 3, 1991. We look forward to hearing from you after b 1445 Mr. PHILIP LAX, President, you have communicated with the family and Mr. NORMAN LISS, Chairman of Development, When I talk about Ellis Island and if the response is in the affirmative, make the immigrants who came through Ellis Island Restoration Commission, New York, NY 10005. appropriate arrangements for a formal an- Ellis Island, it is very personal because nouncement by the Commission, Congres- all four of my grandparents came DEAR PHIL AND NORMAN: As you well know, I am very honored to be part of the Family sional representatives, National Park Serv- through Ellis Island, and so many Heritage Center at Ellis Island. ice, as well as family members. Americans had family coming through However, with my trip to Saudi Arabia at We eagerly await your response. Ellis Island. It is estimated that some Christmas, two television specials and a hec- Sincerely yours, 40 percent of the current United States tic schedule, I have not been able to fully ex- PHIL LAX, population has roots in Ellis Island. So press my enthusiasm for the project. Enthu- President. siasm, by the way, which is greater than NORMAN LISS, this is a very fitting thing that we do Chairman of Development. today in memory of Bob Hope. ever. Like many of the other 16 million im- Is it possible that I can meet with you and Mrs. CHRISTENSEN. Mr. Speaker, I migrants who passed through Ellis Is- Ann Belkov of Ellis Island along with Alan have no further requests for time, and Prigge and his associate Friedman to discuss land, Bob Hope arrived in America with I yield back the balance of my time. details of the campaign and/or a news con- Mrs. MUSGRAVE. Mr. Speaker, I little. Bob Hope described himself upon ference? arrival as ‘‘a 4-year-old boy in knickers I’ll be in New York from June 12–16 and yield back the balance of my time. who had no idea of the opportunities hope we can all meet during that period at The SPEAKER pro tempore (Mr. that lay ahead.’’ He went on to become my Garden City Hotel suite to go over the BISHOP of Utah). The question is on the a household name in the United States important details. Or, would you like to set motion offered by the gentlewoman and around the world as well. a press conference date hosted by Secretary from Colorado (Mrs. MUSGRAVE) that After arriving in the United States, Lujan? the House suspend the rules and pass Once again, the Ellis Island recognition is the Hope family moved to Ohio, and he the bill, H.R. 323. very special to me and my family and I real- The question was taken. later started his career in radio. He ly appreciate this great honor. moved on to appear in numerous mov- Warm regards, The SPEAKER pro tempore. In the ies and Broadway plays. He is perhaps BOB HOPE. opinion of the Chair, two-thirds of best known, however, for his unwaver- those present have voted in the affirming commitment to entertaining our ELLIS ISLAND RESTORATION ative. Nation’s military overseas. Who can COMMISSION, Mrs. MUSGRAVE. Mr. Speaker, on ever forget all the various Bob Hope New York, NY, November 27, 2003. that I demand the yeas and nays. Mr. WARD GRANT, shows at Christmas and Thanksgiving The yeas and nays were ordered. North Pass Avenue, The SPEAKER pro tempore. Pursu- and all throughout the year enter- Burbank, CA ant to clause 8 of rule XX and the taining our troops in harm’s way? DEAR MR. GRANT: The Ellis Island Restora- For nearly six decades, often during tion Commission, together with the National Chair’s prior announcement, further holidays, from World War II all the Park Service, are desirous of naming the proceedings on this question will be way through the Persian Gulf War, Bob third floor of the National Museum at Ellis postponed. Island in New York Harbor, the Bob Hope Hope traveled the globe, bringing a lit- f tle bit of America to U.S. troops during Memorial Library in honor of that great times of war and peace. Troops abroad American legend. YUMA CROSSING NATIONAL HER- The ship’s manifest, which we have in our even called him ‘‘G.I. Bob,’’ and in 1997 ITAGE AREA BOUNDARY AD- possession, reflects that Bob Hope emigrated JUSTMENT Congress even named him as an hon- to America through Ellis Island with his orary veteran for all the work he did mother and siblings on March 28, 1908, at the Mrs. MUSGRAVE. Mr. Speaker, I with veterans serving overseas. age of four. He is probably the most famous move to suspend the rules and pass the

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.028 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10179 bill (H.R. 326) to amend the Yuma legislation. He has worked closely with advantaged situations. In making the ap- Crossing National Heritage Area Act of the local community and others to de- pointments under this paragraph, the Presi- 2000 to adjust the boundary of the termine the most appropriate means to dent shall consult with the Speaker of the Yuma Crossing National Heritage Area preserve and interpret the history of House of Representatives, who shall take into account the recommendations of the and to extend the authority of the Sec- the area. Majority Leader and the Minority Leader of retary of the Interior to provide assist- Mr. Speaker, we support H.R. 326 and the House of Representatives, and the presi- ance under that Act, as amended. urge its adoption by the House today. dent pro tempore of the Senate, who shall The Clerk read as follows: Mr. Speaker, I yield back the balance take into account the recommendations of H.R. 326 of my time. the Majority Leader and the minority Lead- Be it enacted by the Senate and House of Rep- Mrs. MUSGRAVE. Mr. Speaker, I er of the Senate. Each member appointed resentatives of the United States of America in yield back the balance of my time. under this paragraph shall serve for 1 term of Congress assembled, The SPEAKER pro tempore. The 2 years. SECTION 1. YUMA CROSSING NATIONAL HERIT- question is on the motion offered by (b) CHAIRPERSON.—The Chairperson of the Council shall be the Secretary of Health and AGE AREA BOUNDARY ADJUSTMENT. the gentlewoman from Colorado (Mrs. Section 3(b) of the Yuma Crossing National Human Services. MUSGRAVE) that the House suspend the Heritage Area Act of 2000 (16 U.S.C. 461 note; (c) MEETINGS.—The Council shall meet at Public Law 106–319; 114 Stat. 1281) is amended rules and pass the bill, H.R. 326, as the call of the Chairperson, not less fre- to read as follows: amended. quently than 4 times each year. The first ‘‘(b) BOUNDARIES.—The Heritage Area shall The question was taken; and (two- meeting shall be not less than 4 months after comprise the lands generally depicted on the thirds having voted in favor thereof) the date of enactment of this Act. map entitled ‘Yuma Crossing National Heritage the rules were suspended and the bill, SEC. 3. DUTIES OF THE COUNCIL. Area Boundary Adjustment’, numbered 903– as amended, was passed. 80071, and dated October 16, 2005.’’. (a) The duties of the Council shall be— The title of the bill was amended so (1) to ensure communication among agen- The SPEAKER pro tempore. Pursu- as to read: ‘‘A bill to amend the Yuma cies administering programs designed to ant to the rule, the gentlewoman from Crossing National Heritage Area Act of serve youth, especially those in disadvan- Colorado (Mrs. MUSGRAVE) and the gen- 2000 to adjust the boundary of the taged situations; tlewoman from the Virgin Islands (Mrs. Yuma Crossing National Heritage Area (2) to assess the needs of youth, especially CHRISTENSEN) each will control 20 min- and for other purposes.’’. those in disadvantaged situations, and those utes. A motion to reconsider was laid on who work with youth, and the quantity and quality of Federal programs offering serv- The Chair recognizes the gentle- the table. woman from Colorado (Mrs. ices, supports, and opportunities to help f youth in their educational, social, emo- MUSGRAVE). tional, physical, vocational, and civic devel- GENERAL LEAVE FEDERAL YOUTH COORDINATION opment; Mrs. MUSGRAVE. Mr. Speaker, I ask ACT (3) to recommend objectives and quantifi- unanimous consent that all Members Mr. OSBORNE. Mr. Speaker, I move able 5-year goals for such programs; may have 5 legislative days to revise to suspend the rules and pass the bill (4) to make recommendations for the allocation of resources in support of such goals and extend their remarks and include (H.R. 856) to establish a Federal Youth extraneous material on the bill under and objectives; Development Council to improve the (5) to identify areas of overlap or duplica- consideration. administration and coordination of tion in purpose and operation of programs The SPEAKER pro tempore. Is there Federal programs serving youth, and serving youth and recommend ways to better objection to the request of the gentle- for other purposes, as amended. facilitate coordination and consultation, im- woman from Colorado? The Clerk read as follows: prove efficiency, and streamline such programs; There was no objection. H.R. 856 Mrs. MUSGRAVE. Mr. Speaker, I (6) to identify target populations of youth yield myself such time as I may con- Be it enacted by the Senate and House of Rep- who are disproportionately at risk and assist resentatives of the United States of America in agencies in focusing additional resources on sume. Congress assembled, H.R. 326, introduced by Congressman them; ´ SECTION 1. SHORT TITLE. (7) to develop a recommended plan, includ- RAUL GRIJALVA, reduces the boundary This Act may be cited as the ‘‘Federal ing common indicators of youth well-being, of the Yuma Crossing Heritage Area. Youth Coordination Act’’. and assist agencies, at the request of 1 or When the Yuma Crossing Heritage SEC. 2. ESTABLISHMENT AND MEMBERSHIP. more agency, in coordinating to achieve such Area was authorized in 2000, the public (a) MEMBERS AND TERMS.—There is estab- goals and objectives; in Yuma County did not understand lished the Federal Youth Development Coun- (8) to assist Federal agencies, at the re- the scope of the project and were sur- cil (in this Act referred to as the ‘‘Council’’) quest of 1 or more such agency, in collabo- prised by the size of the designation. composed of members as follows: rating on model programs and demonstra- Citizens originally believed that the (1) The Attorney General, the Secretary of tion projects focusing on special populations, Agriculture, the Secretary of Labor, the Sec- including youth in foster care, migrant heritage area would focus mainly youth, projects to promote parental involve- around the historic district. Many pri- retary of Health and Human Services, Sec- retary of Housing and Urban Development, ment, and projects that work to involve vate property owners were not aware the Secretary of Education, the Secretary of young people in service programs; that they were also included in the new the Interior, the Secretary of Commerce, the (9) to solicit and document ongoing input designation. Concerns were raised by Secretary of Defense, the Secretary of Home- and recommendations from— citizens about the size of the designa- land Security, the Director of National Drug (A) youth, especially those in disadvan- tion and the potential for additional Control Policy, the Director of the Office of taged situations; Federal oversight. Management and Budget, the Assistant to (B) national youth development experts, Local officials testified that there is the President for Domestic Policy, the Direc- researchers, parents, faith and community- based organizations, foundations, business now broad public support for the des- tor of the U.S.A. Freedom Corps, the Deputy Assistant to the President and Director of leaders, youth service providers, and teach- ignation with the new reduced bound- the Office of Faith-Based and Community ers; and ary. Initiatives, and the Chief Executive Officer (C) State and local government agencies, I urge adoption of the bill. of the Corporation for National and Commu- particularly agencies serving children and Mr. Speaker, I reserve the balance of nity Service, or a designee of each such indi- youth; and my time. vidual who holds significant decision-making (10) to work with Federal agencies to con- Mrs. CHRISTENSEN. Mr. Speaker, I authority, and other Federal officials as di- duct high-quality research and evaluation, yield myself such time as I may con- rected by the President, to serve for the life identify and replicate model programs and sume. of the Council. best practices, provide technical assistance, (2) Any additional members as the Presi- and coordinate the collection and dissemina- Mr. Speaker, my colleague has al- tion of youth services-related data and re- ready explained the purpose of H.R. 326, dent shall appoint from among representatives of faith-based organizations, commu- search. which was introduced by the gen- nity based organizations, child and youth fo- (b) The Council may provide technical as- tleman from Arizona (Mr. GRIJALVA). cused foundations, universities, non-profit sistance to a State at the request of a State Representative GRIJALVA is to be organizations, youth service providers, State to support State-funded councils for coordi- commended for his leadership on this and local government, and youth in dis- nating State youth efforts.

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.030 H15NOPT1 H10180 CONGRESSIONAL RECORD — HOUSE November 15, 2005 SEC. 4. ASSISTANCE OF STAFF. The SPEAKER pro tempore. Is there and Mr. PAYNE, introduced H.R. 856, (a) DIRECTOR.—The Chairperson, in con- objection to the request of the gen- the Federal Youth Coordination Act, sultation with the Council, shall employ and tleman from Nebraska? which was crafted to help implement set the rate of pay for a Director. (b) STAFF OF FEDERAL AGENCIES.—Upon re- There was no objection. many of the recommendations of the quest of the Council, the head of any Federal Mr. OSBORNE. Mr. Speaker, I yield White House Task Force on Disadvan- department or agency may detail, on a reim- myself such time as I may consume. taged Youth. bursable basis, any of the personnel of that Mr. Speaker, I rise today in strong The Federal Youth Coordination Act department or agency to the Council to as- support of H.R. 856, the Federal Youth creates the Federal Youth Develop- sist it in carrying out its duties under this Coordination Act. I am very pleased ment Council to evaluate, coordinate, Act. that the House of Representatives will and improve Federal youth-serving SEC. 5. POWERS OF THE COUNCIL. have the opportunity to consider this (a) MAILS.—The Council may use the programs and hold Federal agencies ac- United States mails in the same manner and important legislation. countable for achieving results. The under the same conditions as other depart- I have long advocated for a stronger purpose of this bipartisan legislation is ments and agencies of the United States. emphasis at the Federal level on youth to maximize the return on Federal in- (b) ADMINISTRATIVE SUPPORT SERVICES.— development programming because I vestment in young people, not to elimi- Upon the request of the Council, the Admin- believe our Nation’s future is linked to nate programs that work. istrator of General Services shall provide to a healthy, educated, morally sound America’s young people deserve high- the Council, on a reimbursable basis, the ad- next generation. ministrative support services necessary for quality, effective, and meaningful the Council to carry out its responsibilities The genesis of this bill is in the re- youth development programs. Our Na- under this Act. port of the White House Task Force on tion’s taxpayers deserve their tax dol- SEC. 6. REPORT. Disadvantaged Youth. Although the lars to be spent on high-quality, effec- Not later than 1 year after the Council final report was issued several years tive, and meaningful youth develop- holds its first meeting, the Council shall ago, I believe that the task force report ment programs as well. transmit to Congress an interim report of its and its thoughtful analysis and rec- Among the Council’s duties will be: findings, and not later than 2 years after the ommendations should be implemented. to ensure communication among agen- Council holds its first meeting, the Council This legislation does that. Although shall transmit to Congress a final report in- cies administering programs designed cluding its findings and recommendations. the executive branch is charged with to serve youth. Many of these pro- The report shall— implementing youth programs, Con- grams are not allowed by statute to (1) include a comprehensive list of recent gress creates many of these programs even communicate with each other, research and statistical reporting by various and funds them. We need to know that and this is a mistake. Federal agencies on the overall well-being of our efforts are producing the best re- To recommend objectives and quan- youth, including the ratings of the Program sults for our young people. tifiable 5-year goals for Federal youth Assessment Ratings Tool (PART) of Federal The White House Task Force on Dis- programs. Many of these programs do programs serving youth used by the Office of advantaged Youth noted a number of Management and Budget, if applicable; not have any measurable quantifiable (2) include the assessment of the needs of facts about America’s young people goals at all. youth and those who serve them; and the programs that serve them: To make recommendations as to how (3) include a summary of the plan called First, the National Academy of to better facilitate coordination and for in section 3(a)(7); Sciences estimates that one-quarter of consultation. (4) recommend ways to coordinate and im- adolescents in this country, almost 10 To improve efficiency in programs, prove Federal training and technical assist- million teens, are at serious risk of not identify target populations of youth ance, information sharing, and communica- achieving productive adulthood. who are disproportionately at risk and tion among the various programs and agen- Number two, most young people will assist agencies in focusing additional cies serving youth; grow up just fine without government (5) include recommendations to better in- resources on them. tegrate and coordinate policies across agen- involvement, but the most vulnerable To assist agencies in coordinating cies at the Federal, State, and local levels, young people may be missed by pro- and collaborating on youth programs. including recommendations for legislation grams designed to help them. And, And to conduct research and evalua- and administrative actions; worse, the programs we think will help tion programs, solicit input and rec- (6) include a summary of actions the Coun- them the most may not at all. There is ommendations from outside groups. cil has taken at the request of Federal agen- a serious lack of rigorous evaluation of In addition, the Council may provide cies to facilitate collaboration and coordina- Federal youth efforts at the present technical assistance to a State at the tion on youth serving programs and the re- time. request of a State to support State- sults of those collaborations, if available; (7) include a summary of the action the Number three, a large number of funded councils for coordinating State Council has taken at the request of States to youth-serving programs are targeting youth efforts. provide technical assistance under section many youth subgroups. These services The Council will also be charged with 3(b), if applicable; and and target populations often overlap, issuing a report to Congress so that (8) include a summary of the input and rec- creating unnecessary duplication and Congress and the authorizing and ap- ommendations from the groups identified in multiple programs that are ofttimes propriations committees can use the section 3(a)(9). not necessary. information in future decisions. This SEC. 7. TERMINATION. Number four, the current Federal re- additional information will lead to a The Council shall terminate 60 days after sponse to youth failure is convoluted more cohesive, efficient, and effective transmitting its final report under section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. and complex and is a perfect example Federal youth policy that our young There is authorized to be appropriated of what the GAO has called ‘‘mission people deserve. Further, while the $1,000,000 for each of fiscal years 2007 and 2008 fragmentation.’’ The GAO recommends Council is chaired by the Department to carry out this Act. that programs with similar goals, tar- of Health and Human Services, its The SPEAKER pro tempore. Pursu- get populations, and services be coordi- charge is to coordinate across the full ant to the rule, the gentleman from nated, consolidated, or streamlined to range of Federal departments with a Nebraska (Mr. OSBORNE) and the gen- ensure that goals are consistent. focus on the needs of youth, not on the tleman from Texas (Mr. HINOJOSA) each The White House Task Force identi- needs of bureaucracy. will control 20 minutes. fied a number of goals and changes This legislation was developed with The Chair recognizes the gentleman that would help to better coordinate the assistance of a number of organiza- from Nebraska (Mr. OSBORNE). the hundreds of programs across 12 tions and has been endorsed by over 250 GENERAL LEAVE Federal departments that serve youth. organizations. I want to thank all of Mr. OSBORNE. Mr. Speaker, I ask The three largest youth-serving agen- these organizations for their grassroots unanimous consent that all Members cies are the Department of Health and support, which helped propel this legis- may have 5 legislative days within Human Services, Justice, and Edu- lation. Among these organizations has which to revise and extend their re- cation. To support these efforts, in been the National Collaboration for marks and include extraneous informa- February of this year, I, along with my Youth, Big Brothers Big Sisters, Camp- tion on H.R. 856. colleagues, Mr. HOEKSTRA, Mr. FORD, fire USA, Volunteers of America,

VerDate Aug 31 2005 01:55 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.015 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10181 YMCA of the USA, Forum for Youth successful adults. Our record number of coming from different committees and Investment, Youth Service America, teenagers must become a record num- different agencies of the Federal Gov- Volunteers of America, and America’s ber of high school and college grad- ernment. Before we know it, we have a Promise—the Alliance for Youth. uates, and a record number of teachers, proliferation of programs, many of I want to thank all of the cosponsors scientists, doctors, lawyers, and un- them not connected to each other in of the legislation as well as the chair- skilled professionals. We must not any way, shape, or form. man of the Education and Workforce allow this generation to produce record I think the proposal brought to us by Committee, JOHN BOEHNER, and the numbers for the juvenile justice, run- the gentleman from Nebraska creating chairman of the Subcommittee on Se- away, and homeless youth or foster this coordinating council really will, in lect Education, PAT TIBERI. Their sup- care systems. fact, help us achieve what we are at- port has been critical. Clearly, success will require strong tempting to achieve by closer coordi- I would also like to thank the staff coordination, schools, families, com- nation of these 30 different programs. who worked on this legislation, par- munity-based organizations, employ- I can go through a lot of different ticularly Erin Duncan from my staff, ers, health providers, and social service areas, but I can talk about the Work- Whitney Rhoades of the Education and agencies all working together. The force Investment Act, for example. A Workforce Committee, Krisann Pearce Federal Government should lead by ex- little different example, but I looked and Jo-Marie St. Martin, also of the ample, coordinating its own efforts to up, along with the gentleman from Education and Workforce Committee, support our youth, and H.R. 856 is a California (Mr. MCKEON) some 10 years as well as Brady Young of the Legisla- step in the right direction. ago, and we found 63 Federal job train- tive Counsel’s Office. I would note one concern with the ing and retraining programs scattered I hope my colleagues will join me in legislation as drafted, however. The across the different agencies of the supporting this important effort to- amended version of the bill requires government that we were able to bring ward creating more cohesive and mean- the council to report using the results together under one roof to serve those ingful positive youth development pro- from the Office of Management and who needed training and retraining. We grams by passing H.R. 856. Budget’s program assessment rating have one-stop-shop centers now all Mr. Speaker, I reserve the balance of tool, often referred to by the acronym over the country. my time. PART. This tool is the subject of sig- This is a little different example of trying to reorganize how we do what b 1500 nificant controversy. For example, a recent GAO report highlighted the we do, well meaning, well intentioned; but when we have all of these different Mr. HINOJOSA. Mr. Speaker, I yield closed nature of the PART process and programs working on their own with- myself such time as I may consume. its emphasis on short-term budget out the kind of coordination that this Mr. Speaker, I support H.R. 856, enti- planning over long-term goal setting. tled Federal Youth Coordination Act. I In fact, the administration has used council would bring, I do not think we would like to commend the gentleman the PART as a means to eliminate pro- bring as much of an impact to these children who need our help as we could. from Nebraska (Mr. OSBORNE) for grams that are not viewed as priorities. I think the goal here is pretty clear bringing this bill forward. I would also Some of these programs are critical to from Mr. OSBORNE, myself, and others like to add that I admire the gentle- youth and young families, such as the man’s exemplary work in support of that this coordinating council would be Even Start Family Literacy program, there to see that these programs are our youth from mentoring and out- TRIO program, and the GEAR UP and reach programs to this type of effort to working, that they are working to- Dropout Prevention programs. It would gether to help those disadvantaged coordinate Federal youth programs. be ironic to have the PART tool used His commitment to young people is youth who need help. to provide a rationalization for elimi- I do not think there is any effort here genuine, and his leadership is greatly nating programs to help youth rather to consolidate programs, but I think appreciated. His Federal Youth Coordi- than expanding their reach and effec- the effort here ought to be making sure nation Act would establish a Federal tiveness. that they are effective and making Youth Development Council consisting It is my hope that our focus on ac- sure that they work together for the of all of the Federal agencies that have countability for programs will remain advantage of these disadvantaged youth development programs. With with the Government Performance and youth who so desperately need our input from the community, this coun- Results Act of 1993, our public law that help. I congratulate my colleague from cil would be tasked with ensuring com- provides for an open public process for Nebraska for his work and ask my col- munication across Federal agencies developing objective information on leagues to support the bill. serving youth and developing a plan the effectiveness and efficiency of Fed- Mr. HINOJOSA. Mr. Speaker, I yield and set of recommendations to improve eral programs and spending. 3 minutes to the gentleman from Illi- Federal services to youth. In closing, I would like to encourage nois (Mr. DAVIS). I think that we can all agree that co- my colleagues to support this legisla- Mr. DAVIS of Illinois. Mr. Speaker, I ordination is sorely needed. Today’s tion, H.R. 856, to coordinate our Fed- rise in strong support of H.R. 856. I population of adolescents and young eral youth programs. May it spark an commend the gentleman from Ne- adults is the largest in our Nation’s even greater sustained investment in braska for introducing this legislation, history. High schools and colleges are our young people. as well as for many of the other cre- seeing record enrollments. Mr. Speaker, I reserve the balance of ative ideas and thoughts that I have Tragically, the White House Task my time. seen and heard him express in the Edu- Force on Disadvantaged Youth re- Mr. OSBORNE. Mr. Speaker, I yield cation Committee. ported that one-quarter of our young such time as he may consume to the I also want to commend my colleague people are at serious risk of not achiev- gentleman from Ohio (Mr. BOEHNER), from Texas for yielding to me and for ing productive adulthood. We know the chairman of the Committee on the leadership he displays as the rank- from numerous reports that nearly Education and the Workforce. ing member on one of our subcommit- one-third of our high school students Mr. BOEHNER. Mr. Speaker, I thank tees. fail to earn a diploma with their peers. the gentleman for yielding me this I think that coordination, while it For African American and Hispanic time, and thank him for his work on does not necessarily appear to be students, the number is even worse bringing this bill to the floor. He and I earth-shaking or earth-shattering, is a with only 50 percent graduating. Fur- have talked about the idea that we tremendous concept that is greatly thermore, many of our young people ought to take all of these programs needed. Unfortunately, many of our are not leaving high school ready for that the Federal Government has that programs operate in isolation. Unfortu- college or for work. affect disadvantaged youth and try to nately, there are instances where there It is incumbent upon all of us to bring some coordination to the overall is duplication and things oftentimes build communities with the edu- effort. get missed. cational opportunities and support sys- As many of us know, Congress gets in When we can bring together all of tem in place to help our youth become the business of duplicating programs these tremendous resources we have at

VerDate Aug 31 2005 01:55 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.033 H15NOPT1 H10182 CONGRESSIONAL RECORD — HOUSE November 15, 2005 our disposal so they are coordinated in program under part B of the Education of rectly to the classroom and provides States such a way that the recipients become the Handicapped Act; and local educational agencies additional the beneficiaries of this coordinated Whereas the Education for All Handi- flexibility to provide for the costs of edu- approach, then I think it will tremen- capped Children Act of 1975 established the cating high need children with disabilities; Federal priority of ensuring that all chil- Whereas IDEA has supported, through its dously aid in the development of our dren, regardless of the nature or severity of discretionary programs, three decades of re- young people. It is a great piece of leg- their disability, have available to them a search, demonstration, and personnel prepa- islation. It is a great idea. It is a great free appropriate public education in the least ration in effective practices for educating concept. I simply want to add my voice restrictive environment; children with disabilities, enabling teachers, to those who are in support of it and Whereas the Education of the Handicapped related services providers, and other edu- urge that we support it. Act was further amended by the Education cators to effectively meet the educational Mr. OSBORNE. Mr. Speaker, I thank of the Handicapped Act Amendments of 1986 needs of all children; (Public Law 99–457) to create a preschool the gentleman from Ohio (Mr. Whereas Federal and State governments grant program for children with disabilities can support effective practices in the class- BOEHNER) for his support and com- aged 3 through 5 and an early intervention room to ensure appropriate and effective ments and the gentleman from Texas program for infants and toddlers with dis- services for children with disabilities; and (Mr. HINOJOSA) for his support, as well, abilities under 3 years of age and their fami- Whereas IDEA has succeeded in marshal- and the support of the gentleman from lies; ling the resources of this Nation to imple- Illinois (Mr. DAVIS). I have enjoyed Whereas the Education of the Handicapped ment the promise of full participation in so- working with these gentlemen on this Act Amendments of 1990 (Public Law 101–476) ciety for children with disabilities: Now, renamed the statute as the Individuals with project and the staff. therefore, be it Disabilities Education Act (IDEA); Resolved by the House of Representatives (the Mr. Speaker, I yield back the balance Whereas IDEA currently serves an esti- Senate concurring), That the Congress— of my time. mated 269,000 infants and toddlers, 679,000 (1) recognizes the 30th anniversary of the Mr. HINOJOSA. Mr. Speaker, it is al- preschoolers, and 6,000,000 children aged 6 to enactment of the Education for All Handi- ways a pleasure to work with Congress- 21; capped Children Act of 1975 (Public Law 94– man OSBORNE, and I want to say that I Whereas IDEA has assisted in a dramatic 142); think this piece of legislation is one reduction in the number of children with de- (2) acknowledges the many and varied con- velopmental disabilities who must live in that is going to be very beneficial. tributions of children with disabilities and State institutions away from their families; their parents, teachers, related services pro- Mr. Speaker, I yield back the balance Whereas the number of children with dis- of my time. viders, and other educators; and abilities who complete high school with (3) reaffirms its support for the Individuals The SPEAKER pro tempore (Mr. standard diplomas has grown significantly with Disabilities Education Act so that all COLE of Oklahoma). The question is on since the enactment of IDEA; children with disabilities have access to a the motion offered by the gentleman Whereas the number of children with dis- free appropriate public education. abilities who enroll in college as freshmen from Nebraska (Mr. OSBORNE) that the The SPEAKER pro tempore. Pursu- House suspend the rules and pass the has more than tripled since the enactment of IDEA; ant to the rule, the gentleman from bill, H.R. 856, as amended. Whereas IDEA promotes partnerships be- Delaware (Mr. CASTLE) and the gen- The question was taken. tween parents of children with disabilities tleman from Texas (Mr. HINOJOSA) each The SPEAKER pro tempore. In the and education professionals in the design and will control 20 minutes. opinion of the Chair, two-thirds of implementation of the special education and The Chair recognizes the gentleman related services provided to children with those present have voted in the affirm- from Delaware (Mr. CASTLE). disabilities; ative. GENERAL LEAVE Mr. PENCE. Mr. Speaker, on that I Whereas IDEA has raised the Nation’s expectations regarding the abilities of children Mr. CASTLE. Mr. Speaker, I ask demand the yeas and nays. with disabilities by requiring access to the unanimous consent that all Members The yeas and nays were ordered. general education curriculum; may have 5 legislative days within The SPEAKER pro tempore. Pursu- Whereas the 2004 reauthorization of IDEA which to revise and extend their re- ant to clause 8 of rule XX and the ensures that children with disabilities are marks on H. Con. Res. 288. Chair’s prior announcement, further guaranteed a quality education based on the The SPEAKER pro tempore. Is there high academic standards required under the proceedings on this question will be objection to the request of the gen- postponed. No Child Left Behind Act of 2001 (Public Law 107–110); tleman from Delaware? f Whereas the 2004 reauthorization strength- There was no objection. Mr. CASTLE. Mr. Speaker, I yield MESSAGE FROM THE PRESIDENT ens IDEA’s focus on the educational results of children with disabilities and better pre- myself such time as I may consume. A message in writing from the Presi- pares those children for employment or fur- I rise in support of H. Con. Res. 288, dent of the United States was commu- ther education beyond high school; which I introduced with a bipartisan nicated to the House by Mr. Sherman Whereas the 2004 reauthorization further group of my colleagues. The resolution Williams, one of his secretaries. enables special education teachers, related importantly recognizes the 30th anni- services providers, other educators, and f State and local educational agencies to focus versary of the enactment of the Edu- RECOGNIZING 30TH ANNIVERSARY on promoting the academic achievement of cation for All Handicapped Children OF ENACTMENT OF EDUCATION children with disabilities; Act of 1975, what we all know as the In- FOR ALL HANDICAPPED CHIL- Whereas the 2004 reauthorization main- dividuals With Disabilities Education DREN ACT OF 1975 tains the necessary procedural safeguards Act, or IDEA. Not only does this reso- that guarantee the rights of children with lution recognize the act’s anniversary Mr. CASTLE. Mr. Speaker, I move to disabilities and their parents while encour- but also reaffirms this body’s support suspend the rules and agree to the con- aging the mutual resolution of disputes and for IDEA. current resolution (H. Con. Res. 288) reducing unnecessary litigation; For too many years, children with Whereas the 2004 reauthorization continues recognizing the 30th anniversary of the disabilities were denied access to pub- enactment of the Education For All to ensure the provision of a free appropriate public education to students referred to a lic education. However, with the pas- Handicapped Children Act of 1975 and private school by a public agency and en- sage of the Education for All Handi- reaffirming support for the Individuals sures the provision of special education and capped Children Act in 1975, the doors With Disabilities Education Act so related services to students placed by their of educational opportunity were that all children with disabilities have parents in private schools; opened. Today, more than ever, stu- access to a free appropriate public edu- Whereas, although the Federal Govern- dents with disabilities have an oppor- cation in the least restrictive environment has not yet met its commitment to tunity to accomplish their goals. ment. fund IDEA at 40 percent of the average per The Clerk read as follows: pupil expenditure, it has increased IDEA b 1515 funding over the last decade from $2.3 billion According to the Department of Edu- H.R. 288 to $10.6 billion and increased its percentage Whereas the Education for All Handi- share of the average per pupil expenditure cation, about 6.6 million students cur- capped Children Act of 1975 (Public Law 94– from 7.8 percent to 18.6 percent; rently participate in these programs 142) was signed into law 30 years ago on No- Whereas the 2004 reauthorization ensures across the Nation. Signed into law on vember 29, 1975, and amended the State grant that the vast majority of funds will go di- November 29, 1975, the Act established

VerDate Aug 31 2005 01:55 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.035 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10183 the Federal priority of ensuring that cation for All Handicapped Children ciety. The opportunity to serve those all children, regardless of the nature or Act of 1975. As a member of the Texas children prior to the passage of IDEA severity of their disability, have avail- State Board of Education at that time, in 1975 was often haphazard. Certainly able to them what has become the I chaired the Committee on Special there was not any organization to it, tenet of IDEA, a free, appropriate pub- Populations which oversaw programs and many times these children were lic education in the least restrictive for migrant children, bilingual edu- not in any school whatsoever. And I environment. cation programs for limited English think passage of IDEA clearly has sent In 1986 we expanded the program to proficient children, gifted and talented a clear signal to all parents of disabled serve children with disabilities age 3 programs and programs for children children, all schools, that we believe through 5, and created an early inter- with disabilities. In those days, it was that all children can learn. vention program for infants and tod- a struggle to provide even basic access Just last year, we reauthorized the dlers with disabilities under 3 years of to schools for children with disabil- IDEA law. That, along with the work age and their families. ities. that we did with No Child Left Behind, The successes over the past 30 years We have come a long way. IDEA cur- I think, presents a new paradigm for are worth stating. Based on data from rently serves an estimated 269,000 in- special needs children. For far too long the U.S. Department of Education, fants and toddlers, as well as 679,000 we judged the accountability for edu- since enactment there has been a dra- preschoolers and 6 million children cating those children by how many T’s matic reduction in the number of chil- ages 6 to 21. There has been a dramatic we could cross and how many I’s we dren with developmental disabilities reduction in the number of children could dot. Mountains of paperwork, but who must live in State institutions with developmental disabilities who no focus on the results that we were away from their families. must live in State institutions away getting for those children. The number of children with disabil- from their families. The number of Today, under No Child Left Behind ities who complete high school with children with disabilities who complete and under the new IDEA law, the para- standard diplomas has grown signifi- high school with standard diplomas has digm has shifted to one of let us meas- cantly since the enactment of IDEA. also grown significantly since the en- ure the results that we are getting for The number of children with disabil- actment of IDEA. all children, including those with spe- ities who enroll in college as freshman Finally, the number of children with cial needs; and I think what we are be- has more than tripled since the enact- disabilities who enroll in college as ginning to see are improved results. ment of IDEA. And IDEA has raised the freshmen has more than tripled since Because while they may not learn at Nation’s expectations regarding the the enactment of IDEA 30 years ago. the same rate and while they may not abilities of children with disabilities by Although we have come a long way, attain the same levels, these children requiring access to the general edu- we still have a way to go. The Federal can learn just like all other children. cation curriculum. Government’s promise to schools So 30 years of good work, I think, is Last December, President Bush across the country was to share 40 per- something that we should be proud of; signed into law the latest reauthoriza- cent of the cost of providing free and and I appreciate the opportunity to tion of IDEA. The evolution of the Act, appropriate public education to chil- take time and to remember how far we its successes and other education re- dren with disabilities. Today, in 2005, have come over these last 30 years. forms played an integral role in the re- we are only halfway there and seem to In 1975, when Congress passed IDEA, authorization. The 2004 reauthorization have lost our momentum. they made a commitment, a commit- aligns IDEA with the No Child Left Be- In 2004, IDEA reauthorization author- ment that said that we would pay up to hind Act by guaranteeing children with ized full funding by the year 2011. Un- 40 percent of the cost of educating spe- disabilities a quality education based fortunately, the President’s fiscal year cial needs children. Over the years, the on high academic standards. Along 2006 budget proposal for IDEA, part B, education community and others be- these same lines, we strengthened the was $3.5 billion less than the author- lieved that the law said that we would focus on the educational results of chil- ized level for fiscal year 2006. The spend 40 percent to educate special dren with disabilities to better prepare House fiscal year 2006 bill is about $3.9 needs children. But I will remind you these children for employment or an billion less than the authorized level. what the original law says and what it education beyond high school. Mr. Speaker, it seems to me that if says today is that we will spend up to I am pleased that we are able to come we continue to increase IDEA funding 40 percent and try to reach that. together to recognize the good that has at the same percentage as the increase It is really interesting that, from 1975 been done and to recognize the parents, between fiscal year 2005 and the 2006 until the mid-1990s, Congress paid little students and educators impacted over House bill, we will never reach full attention to the commitment that the past 30 years. My hope for the fu- funding. they gave to those parents of special ture is that we continue to find ways to As we celebrate the 30th anniversary needs children and to educators who raise the achievement of students with of this landmark education and civil were obliged to follow the law, and it disabilities and ensure that they have rights act, let us redouble our commit- really has only been over the last 10 or the services necessary to do so. ment to keeping our congressional 12 years that we have made a real com- I ask my colleagues to support my commitment and promise in 2004 to mitment to funding the needs of these resolution. fully fund IDEA. children. Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of If you go back to 1995, Congress at my time. my time. that time was spending $2.3 billion an- Mr. HINOJOSA. Mr. Speaker, I yield Mr. CASTLE. Mr. Speaker, I yield nually for the education of special myself such time as I may consume. such time as he may consume to the needs children. Today, that has grown I rise to support H.R. 288, recognizing gentleman from Ohio (Mr. BOEHNER), to $10.6 billion, a 360 percent increase the 30th anniversary of the Education chairman of the Education and Work- over these last 10 years. While we have for All Handicapped Children Act of force Committee. not reached the goal of getting up to 40 1975, now known as the Individuals Mr. BOEHNER. Mr. Speaker, let me percent of the cost, we are about half- With Disabilities Education Act, or by thank the gentleman from Delaware way there. I think we have made tre- the acronym IDEA. I am proud to join (Mr. CASTLE) who has worked on IDEA mendous progress. our committee chairmen, chairman of issues for a long time; thank him for In 1995, we were paying about 6 per- the committee of the whole, Mr. bringing this resolution to the floor cent of the cost of educating these chil- BOEHNER, and the chairman of one of today, he and Ranking Member WOOL- dren. So we have made great strides. the subcommittees, Mr. CASTLE, as SEY from California, who have brought Do we need to continue to do more? well as our ranking members, Mr. MIL- this resolution honoring the 30 years Yes, we do. And I think you will see an- LER and Ms. WOOLSEY, to commemo- since the passage of the first IDEA bill. other increase in funding this year as rate this important occasion. For far too long in our history, we the budget process begins to come to a I remember the hope that was ush- treated people with disabilities as out- close. I think the commitment for ered in with the passage of the Edu- side of the mainstream of American so- Members on both sides of the aisle is

VerDate Aug 31 2005 01:55 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.039 H15NOPT1 H10184 CONGRESSIONAL RECORD — HOUSE November 15, 2005 very strong to continue our commit- those children would live in State in- their testimony here today, at heart, ment to increasing those funds. stitutions, would not have been able to and I think everybody over here does Let me, lastly, remark that someone complete high school and would have as well. I would have hoped would have been on no possibility of enjoying the quality I do get a little frustrated I guess at the floor today is not here. In 1974, of life to which now they have the po- some of the economic arguments here. there was a new Member of Congress, a tential to enjoy. The gentleman from Ohio (Mr. member of our committee, happens to BOEHNER) pointed out that over the b 1530 be the ranking Democrat on our com- last 10 years we have increased the mittee today, GEORGE MILLER. GEORGE I have always been led to believe that funding for IDEA by 360 percent, from MILLER, over these last 30 years that he the greatness of society can be meas- $2.3 billion to $10.6 billion, and com- has been a Member of Congress, prob- ured by how well it treats its old, how parably, before that, the increases had ably has exhibited more commitment well it treats its young, and how well it never, ever gotten above 10 percent. We to this issue and the education of chil- treats those who have difficulty caring are up to 20 percent now, and we are on dren with special needs than any Mem- for themselves. I must say that I have a glide path, if you will, to try to get ber. been tremendously impressed with the to 40 percent before it is all said and I think that while we are pausing to progress that we have made toward the done. remember the great things that have goal of assuring every handicapped I think it is important to understand happened since IDEA became law, we child in our country optimal oppor- that because of the court-ordered as- ought to take a moment to thank our tunity to experience the educational pect and the way IDEA was born, that colleague, GEORGE MILLER, who, with- attainment and personal development the States have the responsibility to out his commitment, without his dedi- that they have the potential to experi- make up that difference. So, essen- cation to this cause, many Members of ence. tially, when we pick up that extra Congress may have forgotten. I agree that we have certainly come amount of money, we are basically let- Mr. HINOJOSA. Mr. Speaker, I yield a long way and there is still much fur- ting the States spend that money on myself such time as I may consume. ther to go. I have had the good fortune something else, which may or may not Mr. Speaker, I enjoyed listening to of being fairly close to the education of be disabilities. Usually it is something the remarks by our chairman of the individuals with disabilities, and I can else. And we are trying to continue to Education Committee. I, too, am sad- tell my colleagues I had one of the move that along and give the States dened that the ranking member of our greatest experiences of my life last fuller funding. But a tremendous effort committee, GEORGE MILLER from Cali- year when I gave a commencement ad- has been done in a bipartisan way on fornia, and the ranking member of one dress at the Neil Elementary School. that in the last 10 years. I just want to of the other committees that deals There were young people there who make sure that that is recognized. with this issue, LYNN WOOLSEY, was un- had difficulty speaking and needed spe- I appreciate the comments from ev- able to make the hearing so that they cial equipment in order to be able to erybody on both sides of the aisle on could participate and express their own speak. There were individuals who this. I think it is an important subject, thoughts. But I can say this, that ev- could not walk and were in wheelchairs and I hope that everybody would sup- erything that the chairman said is cor- or had other kinds of devices that port it. rect, that we have made great strides. helped them move. But the interesting Ms. WOOLSEY. Mr. Speaker, I was pleased But coming from an area that has a thing, and, actually, it was one of to join my Subcommittee Chairman, Mr. CAS- great rural community in Texas that I those days that I actually left Wash- TLE, and many other Republicans and Demo- represent, I have met with many par- ington to go back to Chicago to par- crats, in introducing this resolution to com- ents who have children who need this ticipate in this activity. My sister was memorate the upcoming 30th anniversary of type of education. Their children are the principal of that school, and I had the Individuals with Disabilities Education Act. disabled, and they talk about the frus- promised her that I would be there for In 1975, when what we now call IDEA was tration that they have. They wish that the graduation. passed as the Education for All Handicapped the State government would invest But by the time the graduation Children Act, educating children with disabil- much more, together with our public ended, there was not a dry eye in the ities was an afterthought at best. schools. Unfortunately, throughout the auditorium. Because all of the teach- IDEA marked a critical turning point in the country, States find themselves lack- ers, all of the parents, all of the stu- lives of people with disabilities, by ensuring ing the wherewithal and the financial dents, all of the people who had come that all children, regardless of their disability, ability to put more money into many to be a part had become so emotionally have available to them a free appropriate pub- of our public schools. So it is up to the involved in what was taking place; and lic education. Federal Government, who has a $2.5 to see the glee and excitement on the IDEA currently serves 269,000 infants and trillion budget, to be able to find the faces and to feel the emotion coming toddlers, 679,000 preschoolers, and 6,000,000 money to increase that investment as from these young people, many of children aged 6 to 21. we promised 30 years ago and to get to whom would never have been given any It has assisted in a dramatic reduction in the that full funding as we promised then, real chance at all of reaching that level number of children with developmental disabil- because I see a lot of potential in those of education attainment, as I sat there ities who must live in State institutions away disabled children who, but for the and saw that, I could not help but say from their families. money that the Federal Government to myself that no matter how difficult Under IDEA, the number of students with could invest, they are not getting the funds may be to acquire, no matter disabilities who graduate from high school has best education possible. how tight the budgets might be, that grown significantly, and the number of stu- Mr. Speaker, I yield 4 minutes to the we have no choice except to find every dents with disabilities who enroll in college has gentleman from Illinois (Mr. DAVIS). possible resource that we can to put all more than tripled. Mr. DAVIS of Illinois. Mr. Speaker, I of the funding into these special edu- Unfortunately, as this resolution recognizes, am pleased to join with Chairman cation programs and activities. Be- the Federal Government has not met even BOEHNER, with Subcommittee Chair- cause every time we change one life, half of its commitment to fund IDEA at 40 per- man CASTLE, with Mr. MILLER, who is then it has been worth the whole ef- cent of the average per pupil expenditure. not here, and certainly with Ms. WOOL- fort. Today, 30 years later, we provide States and SEY and the ranking member, Mr. Mr. HINOJOSA. Mr. Speaker, I yield school districts with only 18.6 percent of that HINOJOSA, in strong support of H. Con. back the balance of my time. amount. Res. 288, which recognizes the 30th an- Mr. CASTLE. Mr. Speaker, just brief- Four years ago, during conference on the niversary of the enactment of the Edu- ly, first of all, both of the speakers on No Child Left Behind Act, we could have in- cation for All Handicapped Children the other side of the aisle are men with cluded a bipartisan provision that would have Act of 1975 and reaffirms support for in- whom I have worked extensively on fully funded IDEA, but House Republican lead- dividuals with disabilities education. this program as well as others, and ers refused to agree to that. This program currently serves 7 mil- they have the tremendous interests I Today, I believe that the best way for Con- lion children, and without it many of think of the students, as we heard from gress and the President to commemorate

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.040 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10185 IDEA’s 30th anniversary would be to fund have, as a society, made great strides, we can the motion offered by the gentleman IDEA at the levels authorized in the 2004 re- not let these children fall behind. I urge my fel- from Delaware (Mr. CASTLE) that the authorization, which passed the House and low Representatives to work towards full fund- House suspend the rules and agree to Senate with overwhelming bipartisan support. ing of this act. the concurrent resolution, H. Con. Res. Those levels would fully fund IDEA by 2011. We should be proud that we are now pro- 288. Unfortunately, less than a year later, the Re- viding free and appropriate public education to The question was taken; and (two- publican-controlled House has passed an ap- every child with a disability. This law adds to thirds having voted in favor thereof) propriations bill that falls nearly $4 billion short the basic right of education the rights to fair- the rules were suspended and the con- of the funding promised for this fiscal year. ness, support, and respect. I join my fellow current resolution was agreed to. At the rate of increase proposed by the Re- Representatives in celebrating the 30th anni- A motion to reconsider was laid on publican House for this fiscal year, we would versary of the Education for All Handicapped the table. never—never—reach full funding. Children Act. f I hope that my colleagues will join me in Mr. HONDA. Mr. Speaker, I rise today in supporting both this resolution and full funding support of H. Con. Res. 288, a resolution CHILD MEDICATION SAFETY ACT for IDEA, so that the Federal Government fi- commemorating the 30th anniversary of the OF 2005 nally will keep its promise to all students, their legislation that led to the Individuals with Dis- Mr. KLINE. Mr. Speaker, I move to parents, and their teachers. abilities Education Act, IDEA. suspend the rules and pass the bill Mr. HOLT. Mr. Speaker, I rise today in sup- On November 29, 1975, the Education for (H.R. 1790) to protect children and their port of H. Con. Res. 288, recognizing the 30th All Handicapped Children Act was signed into parents from being coerced into admin- anniversary of the Education for All Handi- law. Enactment of that legislation was a his- istering a controlled substance or a capped Children Act. I am pleased to be an toric achievement, ensuring for the first time psychotropic drug in order to attend original cosponsor of this resolution. access to education for children with disabil- school, and for other purposes, as First introduced in 1975 as the Education for ities, regardless of the nature or severity of amended. All Handicapped Children Act and later as the their disability. Today, IDEA continues to pro- The Clerk read as follows: Individuals with Disabilities Education Act, or vide for a free appropriate public education for H.R. 1790 children with disabilities in the least restrictive IDEA, this legislation has continued to be a Be it enacted by the Senate and House of Rep- vital part of providing equal support for chil- environment—in other words, it ensures edu- resentatives of the United States of America in dren with disabilities. Before its passage, chil- cational opportunities for children with special Congress assembled, dren with disabilities were either segregated needs. SECTION 1. SHORT TITLE. from other students or had little opportunity for The expansion of IDEA to cover preschool This Act may be cited as the ‘‘Child Medi- education. Today, about 6.1 million children aged children through a grant program and to cation Safety Act of 2005’’. with disabilities are receiving special education cover infants and toddlers through an early SEC. 2. REQUIRED POLICIES AND PROCEDURES. intervention program has enabled the program and related services. (a) IN GENERAL.—As a condition of receiv- As a former educator and a member of the to reach many more students—currently IDEA ing funds under any program or activity ad- Committee on Education and the Workforce, I serves an estimated 269,000 infants and tod- ministered by the Secretary of Education, recognize the importance of continued Federal dlers, 679,000 preschoolers, and 6,000,000 not later than 1 year after the date of the enactment of this Act, each State shall develop support of special education. Research shows children aged 6 to 21. Because these services are being delivered near their homes, IDEA and implement policies and procedures pro- that when we invest in the education of chil- hibiting school personnel from requiring a dren with disabilities from birth throughout has helped to dramatically reduce the number of children with developmental disabilities who child to obtain a prescription for substances their school years, our entire society benefits. covered by section 202(c) of the Controlled must live in State institutions away from their Giving these children the opportunities they Substances Act (21 U.S.C. 812(c)) as a condi- families. deserve directly impacts their ability to live tion of attending school or receiving serv- The success of IDEA has been over- independently as contributing members of so- ices. whelming. Under IDEA, the number of children (b) RULE OF CONSTRUCTION.—Nothing in ciety. with disabilities who receive a high school di- Congress reauthorized IDEA almost a year subsection (a) shall be construed to create a ploma has increased significantly and the Federal prohibition against teachers and ago, and it has continued to provide enormous number of children who enroll in college has other school personnel consulting or sharing support to children in dire need. However, as more than tripled. By promoting partnerships, classroom-based observations with parents this resolution states, we have not yet met our between parents and educators in the design or guardians regarding a student’s academic commitment to fund 40 percent of the addi- and implementation of special education and performance or behavior in the classroom or school, or regarding the need for evaluation tional average pupil expenditure. Until we fulfill related :services for children with disabilities, our responsibility, we are failing our Nation’s for special education or related services IDEA helps these children to reach their full under section 612(a)(3) of the Individuals children. This funding is needed by school dis- potential and prepares those children for em- tricts that must make up the difference of what with Disabilities Education Act (20 U.S.C. ployment or further education beyond high 1412(a)(3)). the Federal Government is not funding. school. SEC. 3. DEFINITIONS. IDEA is a powerful civil rights law that was As we recognize the 30th anniversary of In this Act: intended to provide education to more than IDEA today and reaffirm our support for the (1) CHILD.—The term ‘‘child’’ means any one million children who were marginalized legislation, I must note that the Federal Gov- person within the age limits for which the because of their disabilities. Today, it does ernment is still falling far short of its commit- State provides free public education. much more. IDEA is based on the premise ment to fully fund IDEA at 40 percent of the (2) STATE.—The term ‘‘State’’ means each that children in our society are capable of suc- average per pupil expenditure. We are cur- of the 50 States, the District of Columbia, cess, and this law has raised the standards in rently providing funding at only 18.6 percent, and the Commonwealth of Puerto Rico. education for all children. In doing so, it has less than half of what we promised. While the SEC. 4. GAO STUDY AND REVIEW. also produced much improved results, proving teachers and students working under the aus- (a) REVIEW.—The Comptroller General of the United States shall conduct a review of— that when we dedicate resources and attention pices of IDEA have been able to accomplish to our children they can succeed. (1) the variation among States in defini- many great things, we should think about all tions of psychotropic medication as used in IDEA requires teachers to be qualified and that is not being done, the students who are regard to State jurisdiction over public edu- fair in their classrooms. IDEA also protects not reaching their full potential and the teach- cation; and supports the parents of children with dis- ers who cannot do all that they want or need (2) the prescription rates of medications abilities. These parents have challenging, full- to do with their students, because IDEA is not used in public schools to treat children diag- time jobs in raising their children. However, being fully funded. nosed with attention deficit disorder, atten- when given the support that they need, their We must live up to our commitment and tion deficit hyperactivity disorder, and other children succeed. There cannot be a greater fully fund IDEA, so that it can truly live up to disorders or illnesses; reward for a parent than this. (3) which medications used to treat such its potential and so that students with disabil- children in public schools are listed under This law focuses on results. It strives to di- ities can live up to their potential. the Controlled Substances Act; and rect funding to where it makes a difference, to Mr. CASTLE. Mr. Speaker, I yield (4) which medications used to treat such give teachers and schools the resources they back the balance of my time. children in public schools are not listed need to help students. I believe that more The SPEAKER pro tempore (Mr. under the Controlled Substances Act, includ- funding will produce greater results. While we COLE of Oklahoma). The question is on ing the properties and effects of any such

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.019 H15NOPT1 H10186 CONGRESSIONAL RECORD — HOUSE November 15, 2005 medications and whether such medications The bill before the House today also school personnel in promoting positive have been considered for listing under the includes a provision to ensure that par- child adjustment together with par- Controlled Substances Act. ents and teachers are not prohibited ents. (b) REPORT.—Not later than 1 year after Mr. Speaker, our intent here today is the date of enactment of this Act, the Comp- from having an open dialogue about troller General of the United States shall any academic or behavior-related needs not to cause school administrators to prepare and submit a report that contains of their child. Teachers spend a great become overly cautious or to discour- the results of the review under subsection deal of time with students and observe age teachers in aiding parents in the (a). a wide variety of situations. These men identification of children with serious The SPEAKER pro tempore. Pursu- and women have a valuable perspective emotional disorders but to ensure that ant to the rule, the gentleman from to offer to parents, and a candid dia- the decision to use medication to treat Minnesota (Mr. KLINE) and the gen- logue between teachers and parents serious problem behavior remains with tleman from Texas (Mr. HINOJOSA) each should be encouraged, not stifled. The the family. will control 20 minutes. Child Medication Safety Act makes Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman clear that these constructive conversa- my time. Mr. KLINE. Mr. Speaker, I am very from Minnesota (Mr. KLINE). tions can still take place. pleased to yield such time as he may GENERAL LEAVE This bill is not anti-school, anti- consume to the gentleman from Ohio Mr. KLINE. Mr. Speaker, I ask unan- teacher, or anti-medication. This bill is (Mr. BOEHNER), chairman of the Com- imous consent that all Members may pro-children and pro-parent. The Child mittee on Education and the Work- have 5 legislative days within which to Medication Safety Act is essential in force. revise and extend their remarks and in- protecting children and reinforcing pa- Mr. BOEHNER. Mr. Speaker, I appre- clude extraneous material on H.R. 1790. rental control. ciate the chance to be here to support The SPEAKER pro tempore. Is there I urge my colleagues to support this the bill offered by the gentleman from objection to the request of the gen- bill that restores power to parents and Minnesota (Mr. KLINE). An identical tleman from Minnesota? puts children first. bill to this passed the last Congress There was no objection. Mr. Speaker, I reserve the balance of Mr. KLINE. Mr. Speaker, I yield my- 425–1. my time. Now, one would wonder, why do we self such time as I may consume. Mr. HINOJOSA. Mr. Speaker, I yield Mr. Speaker, I rise today in support need to be here doing this? There are myself such time as I may consume. children that do, in fact, have behav- of H.R. 1790, the Child Medication Safe- Mr. Speaker, I rise in support of H.R. ty Act. This common sense legislation ioral disorders, have mental health 1790, entitled the Child Medication issues, other issues, and certainly will prevent school personnel from Safety Act. forcing parents to medicate their chil- teachers and school administrators Later today, we will be considering a have a role to play in terms of helping dren in order to remain in the class- resolution. In fact, we just finished bring this to the attention of parents room. that resolution where we are cele- I would first like to thank Chairman and, in many cases, urging them to brating the 30th anniversary of the In- seek qualified medical attention. BOEHNER and Speaker HASTERT for dividuals with Disabilities Education But what has come to our attention their support of this legislation and Act. So it is fitting that we consider in a number of hearings that we have staff members from my office and the this bill to reaffirm parents’ rights on had on this issue over the last 4 or 5 Education Committee for their hard this day, and I thank the gentleman years are the number of complaints work on this bipartisan bill. from Minnesota (Mr. KLINE) for bring- In recent decades, a growing number from parents, grandparents and others ing this legislation forward. where their children were going to be of children have been diagnosed with One of the most difficult decisions denied admission to school or denied attention deficit disorder, ADD, or at- for parents is choosing the best course services unless their child was put on tention deficit hyperactivity disorder, of care for a child with mental health medication. ADHD, and treated with medication needs. Teachers and other school per- As was noted by both of my col- such as Ritalin or Adderall. When a li- leagues earlier, that is a decision that censed medical practitioner properly sonnel often play a very important role in bringing problems to the attention should be left to the parents, and only diagnoses a child as needing these to the parents. Certainly, school per- drugs, the administration of the drugs of parents because children spend the majority of the day in the classroom. sonnel and teachers can play a role in may be beneficial. However, these terms of helping the parents under- medications also have the potential for They help to identity children’s mental health needs and behavioral problems stand what is happening in the school, serious harm and abuse, especially for helping the medical professional in children who do not need the medica- and assist children and their families in overcoming these barriers toward terms of what type of behavior is being tions. exhibited, but, at the end of the day, Unfortunately, in some instances, academic achievement. Mental health professionals often parents of children ought to have the school personnel freely offer diagnoses right to make that decision about for ADD and ADHD disorders and urge work with teachers and other school personnel to help create classroom en- whether their child should be on some parents to obtain drug treatment for prescription drug. their child. Sometimes, officials even vironments that best support chil- attempt to force parents into choosing dren’s mental health needs. The infor- b 1545 between medicating their child and al- mation that school personnel provide The bill is very simple, and I think it lowing that child to remain in the to the health care professionals about a lays it out very clearly. Last year classroom. child’s behavior in the classroom is when we reauthorized IDEA, the spe- This is unconscionable. Parents critical to an accurate diagnosis of a cial ed law, we put identical language should never be forced to medicate child’s emotional disorder, learning in that law to protect the parents of their child against their will and better disability, or other disability. However, special needs children. What this does judgment in order to ensure their child the decision to medicate a child to is covers the rest of the children. I will receive educational services. treat mental health problems such as think it is a great step in the right di- That is why I introduced the Child attention deficit hyperactivity dis- rection, and I urge my colleagues to Medication Safety Act, a straight- order, better known as ADHD, belongs support it. forward, sensible approach to remedy solely to the parents. It is a matter be- Mr. HINOJOSA. Mr. Speaker, I was this growing problem. The Child Medi- tween the child, his or her parents, and delighted to participate in the discus- cation Safety Act calls on States to es- qualified health and mental health sion and debate on this legislation. I tablish policies and procedures prohib- care professionals. That is what this want to urge my colleagues to support iting school personnel from forcing suspension bill today is aimed at and vote for H.R. 1790, the Child Medi- parents to place their child on any achieving. cation Safety Act. drug intended to have an altering ef- I support this bill because it achieves Mr. Speaker, I have no further re- fect on perception, emotion, or behav- this goal while especially recognizing quests for time, and I yield back the ior in order to attend school. the critical role of teachers and other balance of my time.

VerDate Aug 31 2005 01:55 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.018 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10187 Mr. KLINE. Mr. Speaker, I yield my- The question was taken. United States-based companies are self such time as I may consume only The SPEAKER pro tempore. In the the principal suppliers to the world of to thank my colleague from Texas (Mr. opinion of the Chair, two-thirds of multi-chip integrated circuits. In 2004, HINOJOSA) and, of course, the chairman those present have voted in the affirm- global sales of finished multi-chip inte- of the full committee, the gentleman ative. grated circuits were estimated to be from Ohio (Mr. BOEHNER), for their sup- Mr. KLINE. Mr. Speaker, on that I $4.2 billion, and U.S. semiconductor port on this very important bill and demand the yeas and nays. companies account for roughly half of again to encourage all of my colleagues The yeas and nays were ordered. those sales. to pass this pro-parent, pro-child bill. The SPEAKER pro tempore. Pursu- The United States, the European Mr. MURPHY. Mr. Speaker, I want to con- ant to clause 8 of rule XX and the Union, the Republic of Korea, and Tai- vey my appreciation to my distinguished col- Chair’s prior announcement, further wan will apply zero duties on these league from Minnesota, Congressman JOHN proceedings on this question will be products as of an agreed date. The tar- KLINE, for his deep concern about our Nation’s postponed. get date for entry into force of the youth. I thank him for offering this legislation, f Agreement is January 1, 2006. Japan al- and I also thank the distinguished Chairman of RECESS ready applies zero duties on these prod- the Education Committee for his work. Let me ucts and expects to ratify the Agree- be clear that I support H.R. 1790. The SPEAKER pro tempore. Pursu- ment formally in 2006. Further, al- Mr. Speaker, during my career in elected of- ant to clause 12(a) of rule I, the Chair though all major producers of multi- fice, I have worked to raise awareness that declares the House in recess until ap- chip integrated circuits will be parties mental illnesses are real and they must be proximately 6:30 p.m. today. to the Agreement, we will seek to build dealt with. Patients diagnosed with psycho- Accordingly (at 3 o’clock and 46 min- on this Agreement by joining together logical disorders, like depression, have higher utes p.m.), the House stood in recess to work in the World Trade Organiza- rates of chronic medical illness and use health until approximately 6:30 p.m. tion to increase the number of coun- care services more often. Untreated depres- f tries granting duty-free treatment to sion costs employers more than $51 billion per b 1832 these products. year in absenteeism and lost productivity, plus GEORGE W. BUSH. even higher medical and pharmaceutical AFTER RECESS THE WHITE HOUSE, November 14, 2005. costs. I have seen first-hand that medication The recess having expired, the House f can, indeed, be very successful to depression was called to order by the Speaker pro patients, especially when it is accompanied by tempore (Mr. KLINE) at 6 o’clock and 32 ANNOUNCEMENT BY THE SPEAKER proper psychotherapy by a trained and li- minutes p.m. PRO TEMPORE censed professional. f The SPEAKER pro tempore. Pursu- That notwithstanding, I am concerned about REPORT ON RESOLUTION PRO- ant to clause 8 of rule XX, proceedings some schools coercing parents to medicate VIDING FOR CONSIDERATION OF will resume on motions to suspend the their children without medical justification—ex- H.R. 1065, UNITED STATES BOX- rules previously postponed. actly what this legislation aims to prevent. ING COMMISSION ACT Votes will be taken in the following When I saw child patients as a psychologist, order: I was once strongly pressured by a school ad- Mr. LINCOLN DIAZ-BALART of H.R. 1564, by the yeas and nays; ministrator to recommend medication for stu- Florida, from the Committee on Rules, H.R. 323, by the yeas and nays; dents. That sort of pressure is unethical, not to submitted a privileged report (Rept. H.R. 856, by the yeas and nays. mention potentially leading to harm for chil- No. 109–295) on the resolution (H. Res. The first and third electronic votes dren. 553) providing for consideration of the While I support H.R. 1790, please allow me bill (H.R. 1065) to establish the United will be conducted as 15-minute votes. to raise one concern that we should keep in States Boxing Commission to protect The second vote in this series will be a mind as the bill moves forward. This bill would the general welfare of boxers and to en- 5-minute vote. make Federal education funding to States sure fairness in the sport of profes- Proceedings will resume on H.R. 1790 contingent on their establishing a policy to pro- sional boxing, which was referred to tomorrow. hibit school personnel from requiring a child to the House Calendar and ordered to be f be medicated in order to attend school. I am printed. concerned that an unintended consequence of f YAKIMA-TIETON IRRIGATION DIS- TRICT CONVEYANCE ACT OF 2005 this requirement would be that teachers will be NOTIFICATION OF INTENTION TO less likely to report legitimate mental health ill- ENTER INTO AGREEMENT ON The SPEAKER pro tempore. The nesses and needs out of a fear of losing Fed- TARIFF TREATMENT FOR MULTI- pending business is the question of sus- eral funds. CHIP INTEGRATED CIRCUITS— pending the rules and passing the bill, The current language that would call for a MESSAGE FROM THE PRESIDENT H.R. 1564. GAO study does not address this problem. I OF THE UNITED STATES (H. DOC. The Clerk read the title of the bill. believe, instead that the study should focus on NO. 109–70) The SPEAKER pro tempore. The schools that actively influence parents to have question is on the motion offered by their children receive controlled substances. I The SPEAKER pro tempore laid be- the gentlewoman from Colorado (Mrs. have shared language that provides this focus fore the House the following message MUSGRAVE) that the House suspend the with the author of the bill, and I know we can from the President of the United rules and pass the bill, H.R. 1564, on work together with our colleagues to adjust the States; which was read and, together which the yeas and nays are ordered. direction of the GAO study. with the accompanying papers, without The vote was taken by electronic de- Ultimately, we should be doing all we can to objection, referred to the Committee vice, and there were—yeas 420, nays 0, encourage parents, teachers and health per- on Ways and Means and ordered to be not voting 13, as follows: printed: sonnel to communicate with each other when- [Roll No. 586] To the Congress of the United States: ever there are concerns about children. Our YEAS—420 job is to support that communication in every Consistent with section 2103(a)(1) of the Trade Act of 2002, I am pleased to Abercrombie Bartlett (MD) Bishop (UT) way possible. Nothing in this bill should be Ackerman Barton (TX) Blackburn construed to limit that important relationship. notify the Congress of my intention to Aderholt Bass Blumenauer Mr. KLINE. Mr. Speaker, I yield back enter into an agreement with the Euro- Akin Bean Blunt the balance of my time. pean Union, Japan, the Republic of Alexander Beauprez Boehlert Allen Becerra Boehner The SPEAKER pro tempore (Mr. Korea, and Taiwan on tariff treatment Baca Berkley Bonilla COLE of Oklahoma). The question is on for multi-chip integrated circuits. Bachus Berman Bonner the motion offered by the gentleman Multi-chip integrated circuits are Baird Berry Bono from Minnesota (Mr. KLINE) that the semiconductor devices used in com- Baker Biggert Boozman Baldwin Bilirakis Boren House suspend the rules and pass the puters, cell phones, and other high- Barrett (SC) Bishop (GA) Boucher bill, H.R. 1790, as amended. technology products. Barrow Bishop (NY) Boustany

VerDate Aug 31 2005 02:12 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.046 H15NOPT1 H10188 CONGRESSIONAL RECORD — HOUSE November 15, 2005 Boyd Garrett (NJ) Mack Ruppersberger Simpson Udall (CO) Clay Hinchey Miller (MI) Bradley (NH) Gerlach Maloney Rush Skelton Udall (NM) Cleaver Hinojosa Miller (NC) Brady (PA) Gibbons Manzullo Ryan (OH) Slaughter Upton Clyburn Hobson Miller, Gary Brady (TX) Gilchrest Marchant Ryan (WI) Smith (NJ) Van Hollen Coble Hoekstra Miller, George Brown (OH) Gillmor Markey Ryun (KS) Smith (TX) Vela´ zquez Cole (OK) Holden Moore (KS) Brown (SC) Gingrey Marshall Sabo Smith (WA) Visclosky Conaway Holt Moore (WI) Brown, Corrine Gohmert Matheson Salazar Snyder Walden (OR) Conyers Honda Moran (KS) Brown-Waite, Gonzalez Matsui Sa´ nchez, Linda Sodrel Walsh Cooper Hooley Moran (VA) Ginny Goode McCarthy T. Solis Wamp Costa Hostettler Murphy Burgess Goodlatte McCaul (TX) Sanchez, Loretta Souder Wasserman Costello Hoyer Musgrave Burton (IN) Gordon McCollum (MN) Sanders Spratt Schultz Cramer Hulshof Myrick Butterfield Graves McCotter Saxton Stearns Waters Crenshaw Hunter Nadler Buyer Green (WI) McCrery Schakowsky Strickland Watson Crowley Hyde Napolitano Calvert Green, Al McDermott Schiff Stupak Watt Cubin Inglis (SC) Neal (MA) Camp Green, Gene McGovern Schmidt Sullivan Waxman Cuellar Inslee Neugebauer Cannon Grijalva McHenry Schwartz (PA) Sweeney Weiner Culberson Israel Ney Cantor Gutknecht McHugh Schwarz (MI) Tancredo Weldon (FL) Cummings Issa Northup Capito Hall McIntyre Scott (GA) Tanner Weldon (PA) Davis (AL) Istook Norwood Capps Harman McKeon Scott (VA) Tauscher Weller Davis (CA) Jackson (IL) Nunes Capuano Harris McKinney Sensenbrenner Taylor (NC) Westmoreland Davis (FL) Jackson-Lee Nussle Cardin Hart McMorris Serrano Terry Whitfield Davis (IL) (TX) Oberstar Cardoza Hastings (FL) Meehan Sessions Thomas Wicker Davis (KY) Jefferson Obey Carnahan Hastings (WA) Meek (FL) Shadegg Thompson (CA) Wilson (NM) Davis (TN) Jindal Olver Carson Hayes Meeks (NY) Shaw Thompson (MS) Wilson (SC) Davis, Jo Ann Johnson (CT) Ortiz Carter Hayworth Melancon Shays Thornberry Wolf Davis, Tom Johnson (IL) Osborne Case Hefley Menendez Sherman Tiahrt Woolsey Deal (GA) Johnson, E. B. Otter Castle Hensarling Mica Sherwood Tiberi Wu DeFazio Johnson, Sam Owens Chabot Herger Michaud Shimkus Tierney Wynn DeGette Jones (NC) Oxley Chandler Herseth Millender- Shuster Towns Young (AK) Delahunt Jones (OH) Pallone Chocola Higgins McDonald Simmons Turner Young (FL) DeLauro Kanjorski Pascrell Clay Hinchey Miller (FL) NOT VOTING—13 DeLay Kaptur Pastor Cleaver Hinojosa Miller (MI) Dent Keller Paul Clyburn Hobson Miller (NC) Andrews Jenkins Stark Diaz-Balart, L. Kelly Payne Coble Hoekstra Miller, Gary Boswell McNulty Taylor (MS) Diaz-Balart, M. Kennedy (MN) Pearce Cole (OK) Holden Miller, George Cunningham Mollohan Wexler Dicks Kennedy (RI) Pelosi Conaway Holt Moore (KS) Granger Murtha Dingell Kildee Pence Conyers Honda Moore (WI) Gutierrez Reichert Doggett Kilpatrick (MI) Peterson (MN) Cooper Hooley Moran (KS) Doolittle Kind Peterson (PA) Costa Hostettler Moran (VA) b 1856 Doyle King (IA) Petri Costello Hoyer Murphy So (two-thirds having voted in favor Drake King (NY) Pickering Cramer Hulshof Musgrave Dreier Kingston Pitts Crenshaw Hunter Myrick thereof) the rules were suspended and Duncan Kirk Platts Crowley Hyde Nadler the bill was passed. Edwards Kline Poe Cubin Inglis (SC) Napolitano The result of the vote was announced Ehlers Knollenberg Pombo Cuellar Inslee Neal (MA) as above recorded. Emanuel Kolbe Pomeroy Culberson Israel Neugebauer Emerson Kucinich Porter Cummings Issa Ney A motion to reconsider was laid on Engel Kuhl (NY) Price (GA) Davis (AL) Istook Northup the table. English (PA) LaHood Price (NC) Davis (CA) Jackson (IL) Norwood Eshoo Langevin Pryce (OH) Davis (FL) Jackson-Lee Nunes f Etheridge Lantos Putnam Davis (IL) (TX) Nussle Evans Larsen (WA) Radanovich Davis (KY) Jefferson Oberstar BOB HOPE MEMORIAL LIBRARY Everett Larson (CT) Rahall Davis (TN) Jindal Obey The SPEAKER pro tempore (Mr. Farr Latham Ramstad Davis, Jo Ann Johnson (CT) Olver Fattah LaTourette Rangel Davis, Tom Johnson (IL) Ortiz KLINE). The pending business is the Feeney Leach Regula Deal (GA) Johnson, E. B. Osborne question of suspending the rules and Ferguson Lee Rehberg DeFazio Johnson, Sam Otter passing the bill, H.R. 323. Filner Levin Renzi DeGette Jones (NC) Owens Fitzpatrick (PA) Lewis (CA) Reyes Delahunt Jones (OH) Oxley The Clerk read the title of the bill. Flake Lewis (GA) Reynolds DeLauro Kanjorski Pallone The SPEAKER pro tempore. The Foley Lewis (KY) Rogers (AL) DeLay Kaptur Pascrell question is on the motion offered by Forbes Linder Rogers (KY) Dent Keller Pastor the gentlewoman from Colorado (Mrs. Ford Lipinski Rogers (MI) Diaz-Balart, L. Kelly Paul Fortenberry LoBiondo Rohrabacher Diaz-Balart, M. Kennedy (MN) Payne MUSGRAVE) that the House suspend the Fossella Lowey Ros-Lehtinen Dicks Kennedy (RI) Pearce rules and pass the bill, H.R. 323, on Foxx Lucas Ross Dingell Kildee Pelosi which the yeas and nays are ordered. Frank (MA) Lungren, Daniel Rothman Doggett Kilpatrick (MI) Pence Franks (AZ) E. Roybal-Allard Doolittle Kind Peterson (MN) This will be a 5-minute vote. Frelinghuysen Lynch Royce Doyle King (IA) Peterson (PA) The vote was taken by electronic de- Gallegly Mack Ruppersberger Drake King (NY) Petri vice, and there were—yeas 419, nays 0, Garrett (NJ) Maloney Rush Dreier Kingston Pickering answered ‘‘present’’ 1, not voting 13, as Gerlach Manzullo Ryan (OH) Duncan Kirk Pitts Gibbons Marchant Ryan (WI) Edwards Kline Platts follows: Gilchrest Markey Ryun (KS) Ehlers Knollenberg Poe [Roll No. 587] Gillmor Marshall Sabo Emanuel Kolbe Pombo Gingrey Matheson Salazar Emerson Kucinich Pomeroy YEAS—419 Gohmert Matsui Sa´ nchez, Linda Engel Kuhl (NY) Porter Abercrombie Bilirakis Brown-Waite, Gonzalez McCarthy T. English (PA) LaHood Price (GA) Ackerman Bishop (GA) Ginny Goode McCaul (TX) Sanchez, Loretta Eshoo Langevin Price (NC) Aderholt Bishop (NY) Burgess Goodlatte McCollum (MN) Sanders Etheridge Lantos Pryce (OH) Akin Bishop (UT) Burton (IN) Gordon McCotter Saxton Evans Larsen (WA) Putnam Alexander Blackburn Butterfield Graves McCrery Schakowsky Everett Larson (CT) Radanovich Allen Blumenauer Buyer Green (WI) McDermott Schiff Farr Latham Rahall Baca Blunt Calvert Green, Al McGovern Schmidt Fattah LaTourette Ramstad Bachus Boehlert Camp Green, Gene McHenry Schwartz (PA) Feeney Leach Rangel Baird Boehner Cannon Grijalva McHugh Schwarz (MI) Ferguson Lee Regula Baker Bonilla Cantor Gutknecht McIntyre Scott (GA) Filner Levin Rehberg Baldwin Bonner Capito Hall McKeon Scott (VA) Fitzpatrick (PA) Lewis (CA) Renzi Barrett (SC) Bono Capps Harman McKinney Sensenbrenner Flake Lewis (GA) Reyes Barrow Boozman Capuano Harris McMorris Serrano Foley Lewis (KY) Reynolds Bartlett (MD) Boren Cardin Hart Meehan Sessions Forbes Linder Rogers (AL) Barton (TX) Boucher Cardoza Hastings (FL) Meek (FL) Shadegg Ford Lipinski Rogers (KY) Bass Boustany Carnahan Hastings (WA) Meeks (NY) Shaw Fortenberry LoBiondo Rogers (MI) Bean Boyd Carson Hayes Melancon Shays Fossella Lofgren, Zoe Rohrabacher Beauprez Bradley (NH) Carter Hayworth Menendez Sherman Foxx Lowey Ros-Lehtinen Becerra Brady (PA) Case Hefley Mica Sherwood Frank (MA) Lucas Ross Berkley Brady (TX) Castle Hensarling Michaud Shimkus Franks (AZ) Lungren, Daniel Rothman Berman Brown (OH) Chabot Herger Millender- Shuster Frelinghuysen E. Roybal-Allard Berry Brown (SC) Chandler Herseth McDonald Simmons Gallegly Lynch Royce Biggert Brown, Corrine Chocola Higgins Miller (FL) Simpson

VerDate Aug 31 2005 02:12 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.026 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10189 Skelton Thomas Waters Cummings Kilpatrick (MI) Price (NC) NAYS—62 Slaughter Thompson (CA) Watson Davis (AL) Kind Pryce (OH) Akin Gingrey Myrick Smith (NJ) Thompson (MS) Watt Davis (CA) King (IA) Putnam Barrett (SC) Goode Neugebauer Smith (TX) Thornberry Davis (FL) King (NY) Waxman Radanovich Bartlett (MD) Green (WI) Smith (WA) Tiahrt Paul Weiner Davis (IL) Kirk Rahall Beauprez Hayworth Snyder Tiberi Pence Weldon (FL) Davis (TN) Kline Ramstad Bishop (UT) Hefley Sodrel Tierney Pitts Weldon (PA) Davis, Tom Knollenberg Rangel Blackburn Hensarling Solis Towns Poe Weller Deal (GA) Kolbe Regula Burton (IN) Herger Souder Turner Rohrabacher Westmoreland DeFazio Kucinich Rehberg Chocola Hostettler Spratt Udall (CO) Royce Whitfield DeGette Kuhl (NY) Renzi Coble Inglis (SC) Stearns Udall (NM) Ryan (WI) Wicker Delahunt LaHood Reyes Conaway Istook Strickland Upton Ryun (KS) DeLauro Langevin Culberson Jindal Stupak Van Hollen Wilson (NM) Reynolds Dent Lantos Davis (KY) Johnson, Sam Sensenbrenner Sullivan Vela´ zquez Wilson (SC) Rogers (AL) Diaz-Balart, L. Larsen (WA) Davis, Jo Ann Jones (NC) Sessions Sweeney Visclosky Wolf Rogers (KY) DeLay Kingston Shadegg Tancredo Walden (OR) Woolsey Dicks Larson (CT) Rogers (MI) Diaz-Balart, M. Mack Sodrel Tanner Walsh Wu Dingell Latham Ros-Lehtinen Drake Manzullo Stearns Tauscher Wamp Wynn Doggett LaTourette Ross Feeney Marchant Tancredo Taylor (NC) Wasserman Young (AK) Doolittle Leach Rothman Flake McHenry Tiahrt Terry Schultz Young (FL) Doyle Lee Roybal-Allard Foxx Miller (FL) Westmoreland Dreier Levin Ruppersberger ANSWERED ‘‘PRESENT’’—1 Duncan Lewis (CA) Franks (AZ) Miller, Gary Wilson (SC) Rush Garrett (NJ) Musgrave Young (FL) Lofgren, Zoe Edwards Lewis (GA) Ryan (OH) Ehlers Lewis (KY) Sabo NOT VOTING—18 NOT VOTING—13 Emanuel Linder Salazar Andrews Gutierrez Reichert Emerson Lipinski Andrews Jenkins Stark Sa´ nchez, Linda Boswell Jenkins Schakowsky Engel LoBiondo Boswell McNulty Taylor (MS) T. Carter McNulty Slaughter English (PA) Lofgren, Zoe Cunningham Mollohan Wexler Sanchez, Loretta Conyers Miller, George Stark Eshoo Lowey Granger Murtha Sanders Cunningham Mollohan Taylor (MS) Gutierrez Reichert Etheridge Lucas Saxton Granger Murtha Wexler Evans Lungren, Daniel Schiff ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Everett E. Schmidt Lynch The SPEAKER pro tempore (Mr. Farr Schwartz (PA) The SPEAKER pro tempore (Mr. Maloney KLINE) (during the vote). Members are Fattah Schwarz (MI) KLINE) (during the vote). Members are Markey Ferguson Scott (GA) advised 2 minutes remain in this vote. Filner Marshall advised that there are 2 minutes re- Scott (VA) Fitzpatrick (PA) Matheson maining in this vote. Serrano b 1905 Foley Matsui Shaw Forbes McCarthy b 1922 So (two-thirds having voted in favor Shays Ford McCaul (TX) thereof) the rules were suspended and Sherman So (two-thirds having voted in favor Fortenberry McCollum (MN) Sherwood thereof) the rules were suspended and the bill was passed. Fossella McCotter Shimkus The result of the vote was announced Frank (MA) McCrery the bill, as amended, was passed. Shuster Frelinghuysen McDermott The result of the vote was announced as above recorded. Simmons Gallegly McGovern as above recorded. A motion to reconsider was laid on Simpson Gerlach McHugh Skelton A motion to reconsider was laid on the table. Gibbons McIntyre Smith (NJ) the table. Gilchrest McKeon f Smith (TX) Gillmor McKinney f Smith (WA) FEDERAL YOUTH COORDINATION Gohmert McMorris PERSONAL EXPLANATION Gonzalez Meehan Snyder ACT Solis Goodlatte Meek (FL) Mr. ANDREWS. Mr. Speaker, I regret that I Gordon Meeks (NY) Souder The SPEAKER pro tempore. The Spratt missed three votes on November 15th, 2005. pending business is the question of sus- Graves Melancon Had I been present I would have voted ‘‘yes’’ Green, Al Menendez Strickland pending the rules and passing the bill, Green, Gene Mica Stupak on H.R. 1564 (Yakima-Tieton Irrigation District H.R. 856, as amended. Grijalva Michaud Sullivan Conveyance Act); ‘‘yes’’ on H.R 323 (to redes- The Clerk read the title of the bill. Gutknecht Millender- Sweeney ignate the Ellis Island Library on the third floor Tanner The SPEAKER pro tempore. The Hall McDonald of the Ellis Island Immigration Museum, lo- Harman Miller (MI) Tauscher question is on the motion offered by Harris Miller (NC) Taylor (NC) cated on Ellis Island in New York Harbor, as the gentleman from Nebraska (Mr. Hart Moore (KS) Terry the ‘‘Bob Hope Memorial Library’’); and ‘‘yes’’ OSBORNE) that the House suspend the Hastings (FL) Moore (WI) Thomas on H.R. 856 (Federal Youth Coordination Act). Hastings (WA) Moran (KS) Thompson (CA) rules and pass the bill, H.R. 856, as Thompson (MS) f amended, on which the yeas and nays Hayes Moran (VA) Herseth Murphy Thornberry PERSONAL EXPLANATION are ordered. Higgins Nadler Tiberi The vote was taken by electronic de- Hinchey Napolitano Tierney Mr. GUTIERREZ. Mr. Speaker, I was un- vice, and there were—yeas 353, nays 62, Hinojosa Neal (MA) Towns avoidably absent from this chamber today. I Hobson Ney Turner not voting 18, as follows: Udall (CO) would like the RECORD to show that, had I Hoekstra Northup been present, I would have voted ‘‘yea’’ on [Roll No. 588] Holden Norwood Udall (NM) Upton YEAS—353 Holt Nunes rollcall votes 586, 587 and 588. Honda Nussle Van Hollen f Abercrombie Boehlert Cantor Hooley Oberstar Vela´ zquez Ackerman Boehner Capito Hoyer Obey Visclosky REMOVAL OF NAME OF MEMBER Aderholt Bonilla Capps Hulshof Olver Walden (OR) Alexander Bonner Capuano AS COSPONSOR OF H.R. 3385 Hunter Ortiz Walsh Allen Bono Cardin Hyde Osborne Wamp Mr. SAM JOHNSON of Texas. Mr. Baca Boozman Cardoza Inslee Otter Wasserman Speaker, I ask unanimous consent to Bachus Boren Carnahan Owens Schultz Baird Boucher Carson Israel remove Representative SANDER LEVIN Issa Oxley Waters Baker Boustany Case Watson as a cosponsor of H.R. 3385. Baldwin Boyd Castle Jackson (IL) Pallone Watt The SPEAKER pro tempore. Is there Barrow Bradley (NH) Chabot Jackson-Lee Pascrell Waxman objection to the request of the gen- Barton (TX) Brady (PA) Chandler (TX) Pastor Weiner Bass Brady (TX) Clay Jefferson Payne tleman from Texas? Bean Brown (OH) Cleaver Johnson (CT) Pearce Weldon (FL) There was no objection. Johnson (IL) Pelosi Weldon (PA) Becerra Brown (SC) Clyburn f Berkley Brown, Corrine Cole (OK) Johnson, E. B. Peterson (MN) Weller Berman Brown-Waite, Cooper Jones (OH) Peterson (PA) Whitfield PRIVILEGED REPORT ON RESOLU- Kanjorski Petri Wicker Berry Ginny Costa TION OF INQUIRY TO THE PRESI- Biggert Burgess Costello Kaptur Pickering Wilson (NM) Bilirakis Butterfield Cramer Keller Platts Wolf DENT Bishop (GA) Buyer Crenshaw Kelly Pombo Woolsey Mr. BOEHLERT, from the Committee Bishop (NY) Calvert Crowley Kennedy (MN) Pomeroy Wu Blumenauer Camp Cubin Kennedy (RI) Porter Wynn on Science, submitted an adverse privi- Blunt Cannon Cuellar Kildee Price (GA) Young (AK) leged report (Rept. No. 109–296) on the

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.035 H15NOPT1 H10190 CONGRESSIONAL RECORD — HOUSE November 15, 2005 resolution (H. Res. 515) of inquiry re- honor the life of Ed Roybal, a member Mr. Speaker, with that, I would just questing the President of the United of this House of Representatives, and pay tribute to the Roybal family and States to provide to the House of Rep- also to honor the work that his daugh- also to their daughter who serves with resentatives certain documents in his ter, my colleague, LUCILLE ROYBAL-AL- us here. possession relating to the anticipated LARD, does in this House. f effects of climate change on the coast- Ed Roybal for many of us was a path- 1930 al regions of the United States, which maker. He was the first Mexican Amer- b was referred to the House Calendar and ican on the City of Los Angeles City ED ROYBAL ordered to be printed. Council, and he was the first Mexican (Mr. GRIJALVA asked and was given f American from California to this House permission to address the House for 1 of Representatives. He is probably best minute.) MEDICARE known for his work in civil rights and Mr. GRIJALVA. Mr. Speaker, I rise (Mr. BURGESS asked and was given his work on behalf of all people in Cali- today to add my voice of homage and permission to address the House for 1 fornia. Tonight, we honor him. We respect that we all have for Congress- minute and to revise and extend his re- honor him, because for many of us he man Ed Roybal. marks.) was an inspiration, an inspiration that Our entire Nation, and Latinos in Mr. BURGESS. Mr. Speaker, this told us that we could be a politician, particular, owe Congressman Roybal a year marks the 40th year of Medicare. that we could be a legislator, that we huge debt of gratitude. We can mani- Two years ago, the 108th Congress could be a leader from our community. fest our gratitude by holding true to passed significant legislation that I hope that this House will remember the integrity, the values, the fairness filled in a missing link in Medicare. the great work of that appropriator, Ed that Congressman Roybal represented That missing link was the missing part Roybal. in this Chamber. of prescription drugs. f We can also repay Congressman Roy- Significant changes in the Medicare ED ROYBAL bal by insisting that all Americans program are going to result in more have an equal voice and demanding services, more coverage, and more re- (Ms. SOLIS asked and was given per- truth as a guiding principle in our gov- sponsiveness from a program that, mission to address the House for 1 ernment. quite frankly, no longer lived up to minute.) I would not be here to celebrate the Ms. SOLIS. Mr. Speaker, I too wish what it needed to do, which is taking life of Ed Roybal if he had not blazed a to associate my words with our col- care of our seniors in a timely fashion, path to which all of us aspire to follow leagues from California and honor the allowing them access to prescription in our political lives. Indeed, Congress- great legend, Congressman Ed Roybal. drugs on a timely basis. man Roybal’s shoes cannot be filled, I had the privilege of knowing of his Mr. Speaker, a lot of people are com- but we can all stay on the path. work. I worked with his daughter also plaining that there are too many plans My sincere respect and pesame to the when she was a member of the assem- and it is too complex. Two years ago Roybal family and my thanks to Con- bly. Ed Roybal in the tradition of His- we heard the opposite, that not enough gressman Roybal for sharing the possi- panic politics really led the way for so plans would show up, and that it would bilities and raising our expectations. many of us by creating an activism and be a default position that would only Congressman Roybal established our participation that cannot be compared be offered to Medicare beneficiaries. Hispanic Caucus as a founder; NALEO, anywhere. The situation is complex because an organization that represents Latino He started NALEO, National Associa- health care is complex, but these are elected officials; but more importantly tion of Latino Elected Officials, and important decisions. I urge people over he broke the stereotypes about also was very much an advocate on this holiday season coming up to sit Latinos’ place in our Nation and in our health care. One of his major com- down with their mothers and fathers, political life, that we no longer are just prehensive health care centers is in to sit down with the Medicare bene- observers in this process but empow- East Los Angeles, and it stands there ficiaries in their families and help ered participants. And for that all as a tribute to the work that he did them work through this process. I Americans should be grateful. We tirelessly for the people in poverty, for think we will find this to everyone’s should honor and celebrate a life well- the elderly, for seniors and helped es- betterment. served, a life well-dedicated and a life tablish the school of gerontology at well-spent. f USC and UCLA. f He has been a wonderful individual PERMISSION TO FILE CON- U.S. DOES NOT CONDONE TORTURE FERENCE REPORT ON H.R. 3058, role model for many of us, fighting dis- TRANSPORTATION, TREASURY, crimination. He fought against Dodger (Mr. HUNTER asked and was given HOUSING AND URBAN DEVELOP- Stadium in East L.A. in Chavez Ravine permission to address the House for 1 MENT, THE JUDICIARY, THE DIS- when developers wanted to displace minute.) TRICT OF COLUMBIA, AND INDE- low-income Mexican Americans back Mr. HUNTER. Mr. Speaker, around PENDENT AGENCIES APPROPRIA- in that era. the world right now American troops TIONS ACT, 2006 He is someone who will be strongly are being disserved by a mistake pro- remembered by many of us. I know mulgated by the American and inter- Mr. KNOLLENBERG. Mr. Speaker, I that his daughter serves very proudly national news media to the effect that ask unanimous consent that the man- representing his district, and I know American law allows torture. That is agers on the part of the House have that legacy will continue on. He is the lie that is being propagated by until midnight, November 15, 2005, to someone who fought for immigrants electronic and written news media file the conference report to accom- when it was not popular, was someone around the world. pany H.R. 3058. who fought for civil rights, for edu- Mr. Speaker, we have the law here. It The SPEAKER pro tempore. Is there cation and for equal treatment and is title 18, section 2340A; and I want to objection to the request of the gen- also for AIDS education and awareness. read it. It says, ‘‘Whoever outside the tleman from Michigan? He was truly a pioneer and someone United States commits or attempts to There was no objection. to this very day whose very history can commit torture shall be fined under f be repeated here through, I think, the this title or imprisoned not more than leadership of his daughter as well as 20 years, or both, and if death results ED ROYBAL other members of the Hispanic Caucus, to any person from conduct prohibited (Ms. LORETTA SANCHEZ of Cali- which he was the first individual to by this subsection, shall be punished by fornia asked and was given permission start. He served as our Chair for that death or imprisoned for any term of to address the House for 1 minute.) congressional caucus that now has years or for life.’’ Ms. LORETTA SANCHEZ of Cali- been in operation, I would say, for That law was signed by then Presi- fornia. Mr. Speaker, I rise today to more than 20 years, if not more. dent Bill Clinton on September 13, 1994.

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.055 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10191 The United States does not allow tor- the elderly and sick in the country. That is why He went on to be elected to the Con- ture. It is against the law to torture in 2001 President Clinton awarded Congress- gress of the United States, where he people, and if you torture someone to man Roybal the Presidential Citizens Medal distinguished himself as a courageous death you may be executed. for ‘‘exemplary deeds of service for our Na- defender of minorities, senior citizens, f tion.’’ and the poor. As the Chairman of the Edward Roybal graduated from the Univer- Select Committee on Aging, he de- CONGRESSMAN EDWARD ROYBAL sity of California Los Angeles and South- fended Social Security and Medicare, (Ms. LINDA T. SA´ NCHEZ of Cali- western University, where he studied law. both of which are now under attack. He fornia asked and was given permission After working for the California Tuberculosis also worked to expand access to health to address the House for 1 minute.) Association, he served in the U.S. Army dur- care and improve long-term care. Ms. LINDA T. SA´ NCHEZ of Cali- ing World War II from April 1944 to December He was a gentle man. He was a man fornia. Mr. Speaker, this evening I 1945. of impeccable integrity. He was a man honor and celebrate the life of former Edward Roybal was first elected to the whose face reflected what he really Representative Edward Ross Roybal. House in 1962. Early in his congressional ca- cared about and who he really was. I Edward Roybal is a role model and a reer, he served on various committees where will never forget those huge eyes and hero to us all. Congressman Roybal he distinguished himself for his leadership. In the way he looked at you. You knew was a founding member of the Congres- 1971, Congressman Roybal was selected to you had to handle yourself a certain sional Hispanic Caucus, the National serve on the Appropriations Committee, where way in his presence. You had to handle Association of Latino Elected and Ap- he remained for the rest of his tenure in the yourself in a proper way. He was a very pointed Officials, and the Congres- House. He was a powerful advocate for fund- dignified man. sional Hispanic Caucus Institute. ing education, civil rights, and health pro- I shall never forget how I felt each Much is owed to him for his foresight grams. Most notably, he was one of the first time I was in his presence; and a testa- and leadership in establishing these or- Members of Congress to press for HIV/AIDS ment to who he was and what he cared ganizations. Today, these organiza- research funding. about certainly is reflected here today tions are among the leading voices for Representative Roybal also served on the in his daughter, LUCILLE ROYBAL-AL- the Latino community. Select Committee on Aging, serving as chair LARD. from 1985 to 1993. In 1980, he led a cam- I quickly want to share a story that f I think epitomizes Ed Roybal’s life in paign for the restoration of funds to programs the House. In 1982, he opposed a com- for the elderly. In 1982, he was successful in ED ROYBAL prehensive immigration reform bill maintaining the Meals on Wheels program. (Ms. KAPTUR asked and was given that had many bad provisions and After Congress, former Representative Roy- permission to address the House for 1 many punitive provisions in it. He bal used his leftover campaign funds to found minute.) threatened to offer more than 100 a non-profit research agency dedicated to im- Ms. KAPTUR. Mr. Speaker, I, too, amendments to the bill and demand a proving the quality and effectiveness of health would like to rise to honor the life of recorded vote on each amendment if and human services to older persons, now Ed Roybal, a great Member of this the bill was brought to the floor. called the Edward R. Roybal Institute for Ap- House with whom I had the pleasure of Fortunately for him and the Latino plied Gerontology at the California State Uni- serving for many years when I first community, the House leaders backed versity—Los Angeles campus. Clearly, Roybal came here back during the 1980s. I down from this battle. This also is a was committed to public health issues that af- would have to say that no one fought clear example of how much respect fected the most vulnerable. To this end, in harder for health care, particularly for folks had for this man because he stood 1999 the Centers for Disease Control (CDC) senior citizens and Social Security and up for what was right. The powers that honored Congressman Roybal’s support for Medicare, than the great congressman be recognized him for his leadership. public health programs by naming its main from the State of California, Mr. Roy- In June of 1984, this bill was brought campus in Atlanta in his honor and awarding bal. up again; and this time he offered him its Champion of Prevention Award. He had a quiet strength about him Congressman Roybal was also a founding seven amendments to amend the bill. and great dignity, and he treated Mem- member of the Congressional Hispanic Cau- His actions showed his relentless com- bers with such graciousness. I certainly cus, the National Association of Latino Elected mitment and passion for immigration remember how he treated me when I Officials, and the Congressional Hispanic Cau- and its human impact on the Latino first came to the House as a new Mem- cus Institute. Much is owed to him for his fore- community. ber. There were only 24 women serving sight and leadership in establishing these or- Today, we face a similar challenge ganizations. Today, these organizations are in the House at that time. I think it is defending those seeking a better life. It among the leading voices for the Latino com- fair to say we have come a long way is my hope that Members will remem- munity. since then, but Ed Roybal is someone ber his courage and integrity when we Mother Teresa once said, ‘‘I slept and I who especially was kind to the women debate this matter. dreamed that life is all joy. I woke and I saw and to the new Members, and I shall Mother Teresa once said, ‘‘I slept and that life is all service. I served and I saw that never forget him for that. I dreamed that life is all joy. I woke service is joy.’’ Ed Roybal serves as a shining He helped me in my own campaign and I saw that life is all service. I example of the profound impact one person when I was running for reelection in served and I saw that service is joy.’’ can have on his or her community and nation. my district back in the mid-1980s when Ed Roybal serves as a shining example He is a model for selflessness and eternal op- there was an effort made to distort of the profound impact that one person timism. Ed Roybal is a role model and a hero votes on Social Security and Medicare, can have on his or her community and to us all. and Ed Roybal came to set the record country. He is a model for selflessness straight. and eternal optimism, and I wish to f I would like to extend to his daugh- honor him this evening. EDWARD ROYBAL ter, who I know he is smiling on today ‘‘Blessed is the leader who seeks the best (Ms. WATERS asked and was given as she serves here in this Congress, and for those he serves.’’ For over a quarter of a permission to address the House for 1 to his entire family the greatest sym- century, the people of California had such a minute.) pathy from the people of Ohio who leader in Edward Roybal. As we all know, the Ms. WATERS. Mr. Speaker, I rise to thank him for the efforts toward which name Ed Roybal has become synonymous pay my respects to Edward R. Roybal. he dedicated his life. I know that the with leadership and integrity in the local and Congressman Roybal was a true lead- senior citizens who continued to re- national political arena. Indeed, Ed Roybal er. He opened the doors for Hispanics ceive Social Security and Medicare was blessed for selflessly giving his energy and minorities in so many ways. He during the decades of the 1980s and and love and for dedicating his life to those was the first Hispanic to serve on the 1990s and now into the 21st century most in need. Let us honor and celebrate his City Council for the City of Los Ange- have Ed Roybal to thank for that. life’s work in public service. les. He should have been the first to Condolences to the entire Roybal-Al- Through his life, Edward Ross Roybal was serve on the County Board of Super- lard family on the passing of this great a tireless champion of the most vulnerable— visors. American gentleman and lawmaker.

VerDate Aug 31 2005 03:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.056 H15NOPT1 H10192 CONGRESSIONAL RECORD — HOUSE November 15, 2005 ED ROYBAL great American, my friend and mentor, I call your attention to this chart: (Mr. MORAN of Kansas asked and Chairman Ed Roybal. budget deficits, fiscal year 1982, the was given permission to address the f first fiscal year for which Ronald Reagan was responsible, to fiscal year House for 1 minute.) b 1945 Mr. MORAN of Kansas. Mr. Speaker, 2006, which is the current year we are I yield to the gentleman from Cali- SPECIAL ORDERS budgeting for. Look at that, 17 straight years of Republican deficits, with no fornia. The SPEAKER pro tempore (Mr. Mr. HUNTER. I thank my friend for exception. POE). Under the Speaker’s announced Now the Republicans come to the yielding. policy of January 4, 2005, and under a floor and they say, oh, my goodness, we Mr. Speaker, when I came out to previous order of the House, the fol- have had Iraq. We have, but when Ron- speak about another issue that was lowing Members will be recognized for ald Reagan said it was good morning in very important to me, I did not realize 5 minutes each. America, when he said the economy that we were doing 1-minutes on our f was doing extraordinarily well and great friend Ed Roybal. that America was back and had an REPUBLICAN CREDIBILITY I just wanted to add my voice as a overwhelming reelection based upon DROWNING IN SEA OF RED INK Californian who came to Congress and that premise, guess what? We had a was subject to Ed Roybal’s kindness The SPEAKER pro tempore. Under a deficit of $212 billion. The next year we and goodness and great sense of court- previous order of the House, the gen- had a deficit of $221 billion. So the def- liness and courtesy, that he will be tleman from Maryland (Mr. HOYER) is icit picture you see on this chart is un- deeply missed. Because the fabric of Ed recognized for 5 minutes. blemished straight deficits until Bill Roybal is what makes this House run Mr. HOYER. Mr. Speaker, today Clinton is elected President of the and gives us civility in difficult times. House Republicans had the audacity to United States. What a wonderful, fine gentleman and claim that they are getting tough on Then Bill Clinton, as you can see on what wonderful treatment he accorded spending, that they are restoring fiscal this chart, introduced an economic all of us in the California delegation, discipline. But I say to my friends on plan on this floor, and I will get to Republican and Democrat. the other side of the aisle, who do you that. f think you are kidding? Do you not President Bush had promised the think the American public is watching American people that he would proceed ED ROYBAL what you have done? with tax relief without fear of budget (Mr. HOYER asked and was given Just this morning, USA Today re- deficits, even if the economy softens. permission to address the House for 1 ported on our Nation’s dire fiscal con- You will see he was dead flat wrong. So minute and to revise and extend his re- ditions, quoting experts on both sides when you hear these Republicans make marks.) of the aisle. representations about what they are Mr. HOYER. Mr. Speaker, I rise to For example, the newspaper said: ‘‘To going to do, look at the 17 years Ron- join my colleagues to reflect upon the hear Comptroller General David Walk- ald Reagan said he was going to bal- life and service of Ed Roybal. I had a er tell it, the United States can be lik- ance the budget. He did not do it. great privilege in that I served all of ened to Rome before the fall of the em- George Bush the First said he was the time that he and I served together, pire. Its financial condition is ‘worse going to balance the budget. He did not from 1981 until his retirement. than advertised.’ It has a ‘broken busi- do it. The present President of the I had the opportunity to serve on two ness model.’ It faces deficits in its United States said we can adopt his of the appropriations subcommittees budgets, its balance-of-payments, its economic program and we would pay with Congressman Roybal. First on the savings, and its leadership.’’ off the national debt, we would not Labor Health Subcommittee, on which The leadership, of course, of this city spend a nickel of Social Security, and I now serve with his daughter LUCILLE and this country is a Republican Presi- we would not spend a nickel of Medi- who does an extraordinary job and of dent, a Republican-led Senate, and a care. He was wrong, or I might say, he whom I know he is extraordinarily Republican-led House. misrepresented politely every one of proud. I then served with him as well Mr. Speaker, I have been a proud those points, and has run up deficits of on the Treasury Postal Subcommittee, Member of this body for 25 years. For 157, 377, 412, 319 and $323 billion. a subcommittee that was very impor- 17 of those years, a Republican has oc- That record is one that ought to be tant to me in my district because of cupied the White House. I would sug- rejected. Democrats have been united my Federal employees. gest to my colleagues, there is one per- in rejecting those proposals. We will I was a young, new Member. Ed Roy- son and only one person in America continue to take that posture. bal was a mentor. Ed Roybal was some- that can stop spending in its tracks, At the same time, Republicans have raised one who had great experience and wis- and that is the President of the United the debt limit not once, but twice, not three dom and who taught me much as a States. No single Member of Congress, times—but four times in four years; $450 bil- Member of the House of Representa- no single member of the Senate, but a lion in 2002, $984 billion in 2003, $800 billion tives. He taught me about commitment President can say ‘‘no’’ to spending. So in 2004, and $781 billion this year. The interest payments on the national debt to people and keeping people upper- when Presidents lament spending, they are now the fastest growing category of most in our minds as we considered the lament what they have done. spending in our budget. policies before the House and before Here is the reality, Mr. Speaker: in So today, when Republicans say that they the Appropriations Committee. every single one of those 17 years, this want to restore fiscal discipline, we must re- I was privileged to work with Ed country has had substantial deficits. spond: You have lost all credibility on this Roybal. I was privileged to learn from Let me repeat that: 17 years of Repub- issue. Ed Roybal. I was privileged to know a lican leadership and 17 straight years President Bush has not vetoed one—not gentleman, an American, a proud Mexi- of deficits. one—spending bill. can-American, and an American who The Republican budget reconciliation Republicans rammed a prescription drug bill made a difference. bill would only perpetuate that record through this Congress that they insisted would LUCILLE, as you sit there and listen of irresponsibility and recklessness. cost $395 billion. But they suppressed a more to us talk, and you and I have talked Why? Because the net effect of their accurate estimate, and now that legislation is before, I know that you are extraor- reconciliation package would add $20 expected to cost $1 trillion. dinarily proud to be the daughter of an billion additional deficits in this coun- The budget reconciliation bills are the Re- American who made a difference, of a try. Five years ago, the Bush adminis- publican Party’s latest charade. Mexican-American who made his peo- tration and this Republican Congress They say that they are cutting spending by ple proud, of a Californian who rep- inherited from a Democratic President some $54 billion—including cuts of $12 billion resented his State well. a 10-year budget surplus of $5.6 trillion to Medicaid, $14 billion to student loans, $1 Mr. Speaker, I am pleased to rise to and four consecutive budget surpluses billion to food stamps and $5 billion to child honor the memory and the record of a from the Clinton administration. support programs.

VerDate Aug 31 2005 02:12 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.057 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10193 But they also plan to cut taxes on the biggest turnaround in college football I rise tonight to discuss the Medicare wealthiest people in America by $70 billion. history. As former Oklahoma and Dal- prescription drug benefit. I went online Anyway you cut it, this Republican majority las Cowboy coach Barry Switzer once today to see what seniors would experi- intends to increase the deficit, not reduce it. said, ‘‘Bill Snyder isn’t the coach of ence. It is fairly extraordinary, mind- Even Alan Greenspan, the Chairman of the the year, and he isn’t the coach of dec- boggling, particularly given the fact Federal Reserve, is sounding the alarm. Re- ade. He’s the coach of the century.’’ that a large number of seniors have cently, he said: ‘‘You should not be cutting Coach Snyder’s successes on the field never experienced the Internet. taxes by borrowing.’’ are matched by his achievements off Seventy-six percent of seniors have Fortunately, not all Republicans are willing the field. He has taught his players the never been online. I have. It was still to participate in this irresponsible fraud. value of a sound work ethic, attention not easy. Twenty-six percent of people Last Thursday, for example, Senator to detail and respect that has helped on Medicare have cognitive impair- VOINOVICH told the Washington Post: ‘‘I do not them succeed during the game as well ments. Some of my detractors on the know how anyone can say with a straight face as in the classroom and in their lives. other side of the aisle might say I have that when we voted to cut spending last week Coach Snyder has used his promi- that, but I do not. Three million have to help achieve deficit reductions, we can now nence in the hearts of K-State fans to visual impairments. I wear corrective then turn around two weeks later to provide promote causes that have strengthened lenses. And 2.3 million reside in nurs- tax cuts that exceed the reduction in spending. the Manhattan community and our ening homes. That is beyond me, and I am sure the Amer- tire State of Kansas. No one could deny These are all extraordinary com- ican people.’’ the pride that has risen following K- plications for an unbelievably, unnec- So I implore my colleagues on the other State University President John essarily complicated program. Why was side of the aisle: Demonstrate the courage of Wefald’s decision to hire Coach Snyder. it constructed this way? For two rea- your convictions. The school’s growing athletic program, sons: the pharmaceutical industry and Put the interests of the American people flourishing and succeeding student the insurance industry, not the 40 mil- ahead of the interests of your political party. body, visionary administration and lion seniors and others who are eligible Oppose these irresponsible reconciliation supportive alumni have all contributed for Medicare in this country. The bill bills. to Kansas State University being one was designed by the Republicans to re- Join Democrats in fighting to restore fiscal of our country’s premier institutions of ward their very, very generous contrib- discipline to our budget. higher education. utors in the pharmaceutical and insur- f On behalf of many grateful Kansans, ance industry. The insurance industry is an indus- RECOGNIZING THE LEADERSHIP I thank Coach Snyder for his contributions. It will be hard to imagine K- try, of course, which is exempt from OF COACH BILL SNYDER OF antitrust law. It can and does collude KANSAS STATE UNIVERSITY State football without this legendary coach, but I wish him and his family to set prices, exclude people and is The SPEAKER pro tempore. Under a the very best. quite profitable. Then, of course, the previous order of the House, the gen- pharmaceutical industry is the most f tleman from Kansas (Mr. MORAN) is consistently profitable industry in the recognized for 5 minutes. The SPEAKER pro tempore. Under a world. Mr. MORAN of Kansas. Mr. Speaker, previous order of the House, the gen- They are both given subsidies I am here this evening to honor a leg- tleman from California (Mr. GEORGE through this legislation. We could have end at Kansas State University, its MILLER) is recognized for 5 minutes. done something much simpler, much football program coach Bill Snyder. At (Mr. GEORGE MILLER of California less expensive. This plan will cost $1 a press conference earlier today, Coach addressed the House. His remarks will trillion over 10 years for the American Snyder announced his retirement as appear hereafter in the Extensions of taxpayers in addition to incredible the head coach of the Kansas State Remarks.) sums for seniors, particularly those Wildcats after 17 seasons. Coach Sny- f who make wrong choices. der leaves behind a legacy of success MEDICARE PRESCRIPTION DRUG In my little survey, 41 plans came up; for a football program, a school, and a PROGRAM AND PLAN FINDER and in comparing three, it is going to community that is stronger and better COMPLICATED FOR SENIORS take me all night if I wanted to com- because of his tremendous leadership. pare all 41. I keep going back to the Football is a great American tradi- Mr. DEFAZIO. Mr. Speaker, I ask screen that only allows three at a time. tion, and this tradition is alive and unanimous consent to take the time of My annual costs would vary between well in Manhattan, Kansas. This is the gentleman from California (Mr. $2,457 and $5,243; and, of course, the Wildcat country, where during football GEORGE MILLER) since I am next on the pharmaceutical companies can change season Powercat flags are proudly list. the drug benefit weekly. Seniors can flown and where Saturdays are spent at The SPEAKER pro tempore. Is there change the plan once a year, and you Wagner Field cheering K-State to vic- objection to the request of the gen- know what will happen if they have tories. tleman from Oregon? large claims during the year and they But times were different when Coach There was no objection. actually get a benefit? They will be dis- Snyder took over the Kansas State The SPEAKER pro tempore. Under a allowed. They will not be allowed to re- football program in 1988. Sports Illus- previous order of the House, the gen- enroll in that plan by the private in- trated had identified K-State as the tleman from Oregon (Mr. DEFAZIO) is surance sector next year. There is worst college football program in the recognized for 5 minutes. nothing that requires that they be re- Nation. Undeterred, Coach Snyder took TRIBUTE TO ED ROYBAL enrolled if they are willing to pay the on the challenge, and through hard Mr. DEFAZIO. Mr. Speaker, first, I premiums to get the benefits. work and determination performed missed the earlier discussion of Chair- We could have had the government, what has been labeled as the ‘‘Miracle man Ed Roybal, but I had the privilege like we do with the VA, go out and ne- in Manhattan.’’ of serving with him for a number of gotiate the lowest price for prescrip- By 1993, K-State had achieved a vic- years on the Transportation Com- tion drugs for the Nation’s 40 million tory in the Copper Bowl. During the mittee, and he was a wonderful inspira- Medicare eligible citizens. That would next 10 seasons, they would advance to tion to a young Member of Congress. I have saved billions of dollars; but the bowl games, including the Cotton was much younger then, and I learned Republicans said, well, that is unfair, Bowl, Fiesta Bowl, and a memorable a good deal during his leadership and that is anticompetitive. Well, no, actu- defeat over first-ranked Oklahoma in would say that he provided a tremen- ally we are forming a buying group. We 2003 to seize the Big 12 Championship. dous leadership and a legacy for Cali- are using market power to negotiate With 135 victories, Coach Snyder is fornians and all Americans in terms of lower prices. They say, no, we should K-State’s all-time winningest football his investment in transportation infra- give subsidies to the pharmaceutical coach. He is credited with orches- structure for America. So my condo- industry and subsidies to the non- trating what many regard to be the lences to the family. competitive insurance industry. That

VerDate Aug 31 2005 02:12 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.036 H15NOPT1 H10194 CONGRESSIONAL RECORD — HOUSE November 15, 2005 is their version of a free market. Of b 2000 House bill 4318, which would open up course, again, they are generous cam- Industries like the fertilizer industry huge reserves on our shorelines to paign contributors so we can under- are being crushed by these natural gas produce natural gas in this country so stand some of this rhetoric on their prices because 70 percent of the cost of we can compete and have jobs for our side of the aisle. producing fertilizer is natural gas. working people. Nonetheless, an incredibly expensive, Forty-four percent of our fertilizer f confusing plan which gives all of the companies are now offshore, and our PAYING TRIBUTE TO ED ROYBAL benefit to the pharmaceutical and in- farmers are paying two and three and Ms. PELOSI. Mr. Speaker, I ask surance industry, puts seniors at risk, four times as much for fertilizer as unanimous consent to take my Special puts taxpayers at risk, and we could they did just several years ago. have done so much better for so much The huge petrochemical industry Order at this time. The SPEAKER pro tempore (Mr. less. It would cost nothing to negotiate that is dominated by America will not POE). Is there objection to the request those lower prices. The VA gets prices be for long because there are 20 chem- at a 70, 75 percent reduction from list of the gentlewoman from California? ical plants being built in the world and There was no objection. price; but, no, the Republicans had a 19 are offshore. Why? Natural gas The SPEAKER pro tempore. Under a special provision in this bill. prices. Petrochemicals use gas not only previous order of the House, the gentle- Medicare, the default provider for as a fuel, but they use it as an ingre- woman from California (Ms. PELOSI) is anybody who cannot buy into an insur- dient for all the chemicals we buy recognized for 5 minutes. ance plan that is red-lined by the in- every day. Polymers and plastics in- Ms. PELOSI. Mr. Speaker, I rise this surance industry, and they can do that volved in everything we market today evening to join my colleagues in pay- legally under this bill, they say, oh, we use natural gas as an ingredient and ing tribute to our former colleague and are not selling you a premium; you natural gas as a fuel. Forty to fifty friend, Congressman Ed Roybal. have got too many drug claims; we are percent of their costs are natural gas. Many people who are in Congress now not going to take you. But they can go We have huge reserves in this coun- did not have the privilege of serving to Medicare as a default provider, and try of natural gas. We are not poor on with him. They serve with his very dis- guess what? Medicare is the only enti- natural gas. Congress and Presidents tinguished daughter, Congresswoman ty in the world, other than uninsured have chosen to lock it up. Our Outer LUCILLE ROYBAL-ALLARD, but the leg- individuals, who will have to pay list Continental Shelf, that is the first 200 acy lives on. I wish everyone in this price for drugs. Nobody can afford list miles offshore, is rich in natural gas. Congress could have seen the out- price for drugs except the superwealthy We have a bill that we introduced pouring of love and support and devo- and, according to Republicans, Medi- today that will open up the Outer Con- tion to Ed Roybal at his magnificent care. This will bankrupt the program, tinental Shelf. We increase States’ funeral at the Catholic Cathedral in but that is where the highest risk sen- rights from three miles to 20 miles so it Los Angeles. We know how respected iors, the ones that are not desirable to will be all out of sight. There has never Ed Roybal is in this body. It was won- the industry, will get pushed after been a gas production well that has derful to see the love of the people he maybe 1 year of enrollment, if they are ever in any way soiled a beach. We was closest to in California. Many of us lucky enough to get enrolled in the need to unlock our natural gas sup- went there, and we told his many first year. plies. friends and his family and those close So huge costs to taxpayers, confusion Canada, Belgium, Great Britain, Nor- to him of the respect in which he was and risks for seniors, the end of Medi- way, Denmark, Sweden, New Zealand, held here. care in the not-too-distant future by and Australia produce most of their Mr. Speaker, I knew Ed Roybal very bankruptcy, by design, by the Repub- natural gas offshore, right off of their well for many years. I was a big fan of licans, all to profit the private insur- coastlines. They have beautiful beach- his when he was doing work with the ance industry and the pharmaceutical es. They are not a threat. There has farm workers organizing in California. industry. never been a gas production well that He was a legend in our State. And then You should be really, really ashamed has ever in any way caused beach prob- he continued his leadership for our of this horrible product. lems. country in the Congress of the United f I urge Members of this body to deal States. with this natural gas crisis. We have to When I was first named to the Appro- NATURAL GAS CRISIS open up some supply or we are going to priations Committee, Ed Roybal was The SPEAKER pro tempore. Under a lose major industries. A million or my chairman. We were in the majority previous order of the House, the gen- more jobs will be gone in the next 2 or at the time. He was my chairman on tleman from Pennsylvania (Mr. PETER- 3 years, some of the best blue collar the Treasury Postal Subcommittee. So, SON) is recognized for 5 minutes. jobs we have left in this country. on a daily basis, I saw firsthand his Mr. PETERSON of Pennsylvania. Mr. We cannot just subsidize people with command of the policy, of the issues, Speaker, I rise tonight to speak about natural gas prices. We need to bring the power of his advocacy and his dean issue I have spoken about many prices down by increasing supply be- termination to help all Americans. times: the natural gas crisis that faces cause we have lots of it. We have lots Ed Roybal had no time for govern- this country. of it in the Midwest. But on the Outer ment of the few. He was about the Yes, we just passed an energy bill, Continental Shelf on our coastlines, it many. When others in Washington but it did little to help our home- is right close to our population centers, turned their backs on seniors, the dis- owners heat their homes. We have had it is right close to our plants and our advantaged, and the poor, Ed Roybal a 500 percent increase in natural gas manufacturers. was there. He was the first Member of prices in the last 5 years. A month ago, We will not make steel in this coun- Congress to appropriate funds for HIV/ when we were still facing the impact of try in the years ahead if we continue. AIDS, and that sounds very remark- Katrina, we had a 700 percent gas in- We will not make aluminum in this able and commendable now. It was very crease when it reached $14.50 when it country. We will not produce anything courageous at the time. He then was a had been $2 just 5 years ago. that uses natural gas to melt it, to leader. He fought the good fight with These natural gas prices, in my view, bend it, to twist it, to treat it because courage. He had a special grace about threaten homeownership, church own- we cannot afford it. Europe pays half him and a dignity and a twinkle in his ership, schools, YMCAs, YWCAs, and as much for natural gas as we do. eye. small businesses. China, Taiwan, and Japan are big com- In recognition of his leadership on In my districts, those kinds of orga- petitors economically and pay a third public health, the Campus of the Cen- nizations are renewing their gas con- of what we pay for natural gas. The ters for Disease Control in Atlanta was tracts, and they are paying 100 percent rest of the world pays less than $2. named in his honor. Ed Roybal prob- more than they paid last year and It is time to get our heads out of the ably has more buildings in California many times more than they paid a cou- sand. It is time to open up our natural named for him than any other politi- ple of years ago. gas reserves in this country and pass cian ever in California. But at the CDC,

VerDate Aug 31 2005 03:49 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.061 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10195 at the Centers for Disease Control, There was no objection. The benefit is so complicated and they named an entire campus for him, The SPEAKER pro tempore. Under a confusing that even beneficiaries who if that gives Members any idea of the previous order of the House, the gen- are PhDs say they cannot figure it out. respect and the gratitude that they felt tleman from Illinois (Mr. EMANUEL) is A recent Kaiser Family Foundation for Ed Roybal. recognized for 5 minutes. poll found that more than six in ten Fiercely proud of his Hispanic roots Mr. EMANUEL. Mr. Speaker, today seniors either barely understand the and deeply patriotic, the two went marks the first day seniors can enroll benefit or do not understand it at all. hand in hand. Ed Roybal loved Amer- in the new Medicare prescription drug But just as important are the choices ica. He helped found the Congressional benefit. that the Republican Congress did not Hispanic Caucus and the Caucus’s In- When the Medicare drug bill passed make. What did they not do? They did stitute and embarked on a mission to this House more than 2 years ago, my provide scholarships to needy Latino colleagues on the other side of the aisle not do anything about the price of children and expand opportunities for touted it as the greatest health care these drugs. They could have done all Americans. achievement since Medicare’s incep- something with direct negotiations Through his work as founder emer- tion. Today, we have a different re- just like Wal-Mart, just like Target, itus of the National Association of ality. just like private sector companies, just Latino Elected and Appointed Officials, The Medicare drug benefit is an abso- like VA, the Veterans Administration he contributed to the advancement of lute failure. The way this thing is de- does: negotiate, pool the resources, Latino political power first in South- signed, one would think that Brownie purchase bulk, just like every company ern California and then in the Nation. from FEMA had something to do with in the private sector does. They refused Hundreds of Latino elected officials it. It is a failure because of its com- to allow Medicare to do that. So we in have since followed in his footsteps, all plexity and inability to provide seniors America now are paying top premium knowing that they stand on his shoul- with access to affordable drugs. dollar for drug and pharmaceutical My colleagues on the other side of ders. By his courage and his determina- prices and products that we could nego- the aisle have said this benefit would tion to open the doors to minorities, tiate and get better pricing for. Why do help 42 million Americans who are Latinos have become much more active we do that? Because of the pharma- served by Medicare. But the only peo- in politics and all facets of American ceutical companies. And who is left ple who are really benefiting from this society. Indeed, in our State of Cali- holding the bag? The taxpayers and benefit are the pharmaceutical compa- fornia, we are now a minority majority seniors. nies who gave $132 million over 10 years State, so we see regularly and first- and have walked away with $139 billion What else does this legislation refuse hand the magnificent contribution of in additional profits from this bill. In- to do? It does not allow us to actually the Latino community to our great surers who gave well over $100 million access products in Canada and Europe country, and Ed Roybal was very much to the Republican Party are awarded and allow competition to bring prices a part of facilitating all of that. with over $130 billion in additional down. For a party dedicated to the As I said, Mr. Speaker, Eddie Roybal profits, all paid for by the taxpayers. principles of a free market, it is not loved his country and he loved his fam- This bill was never designed with the understandable why they decided to ily, speaking with pride of them every customer in mind. This legislation was choose a closed market, forcing Amer- day that he served here. Tonight we designed with the pharmaceutical com- ica to pay the highest prices of any bring the deepest sympathy of this panies and the HMOs and the insurance country in the world. Again, negotia- Congress in which he led and served companies in mind. They could never tion or allowing people access to the and indeed the sympathy of our entire have designed something this complex prices of drugs in Canada and Europe, country to the family he loved, he if they were thinking of people who we could have brought prices down; adored. I hope it is a comfort to Ms. were 65 years and older whose 60 cents and, third, they could have allowed ROYBAL-ALLARD’s beautiful mother, out of every dollar for their health care generics to get to the market faster. Lucille, her name is Lucille as well, goes to prescription drugs. They could Three market ways: competition, open and his three children, our colleague never have thought of that when they markets, negotiations. They could Lucille, her sister Lillian and Ed, Jr., designed this legislation and this bill. have brought the prices down and had a that so many people mourn their loss Aside from the horrible corporate simpler plan, but there is nobody pay- and are praying for them at this sad welfare, the complexity is a real shame ing the piper for those ideas, and that time. here. But what is ironic is on this floor is why the pharmaceutical companies With the life and leadership of Ed where we debated this, all the Repub- Roybal, God truly blessed America. are walking off with corporate welfare licans talked to us about how this to the tune of $139 billion in additional f choice was going to be a real win for profits, all paid for by the taxpayers, The SPEAKER pro tempore. Under a the seniors. The gentleman from Penn- all brought to us by a Republican Con- previous order of the House, the gen- sylvania (Mr. ENGLISH) said, ‘‘We are gress. tleman from Florida (Mr. STEARNS) is simply saying let us offer choices to recognized for 5 minutes. seniors.’’ The gentleman from Illinois The final bill that created the drug (Mr. STEARNS addressed the House. (Mr. WELLER) said, ‘‘To qualify for benefit left seniors with a limited ben- His remarks will appear hereafter in Medicare, you qualify for this program, efit that failed to reduce the cost of the Extensions of Remarks.) and you are going to have choice.’’ The prescription drugs, gave them serious f gentleman from Michigan (Mr. CAMP) choices that have led to complexity. The SPEAKER pro tempore. Under a said, ‘‘This Medicare bill offers a pre- Now it is possible that seniors would previous order of the House, the gentle- scription drug benefit through com- understand the drug benefit a little woman from New York (Mrs. MCCAR- peting private health insurance plans, better if this administration had dis- THY) is recognized for 5 minutes. marking the first time the private sec- tributed information to beneficiaries (Mrs. MCCARTHY addressed the tor plans and consumer choice would that was actually correct. But they House. Her remarks will appear here- be the principal vehicle for delivering botched that, too. The administration’s after in the Extensions of Remarks.) Medicare benefits.’’ own ‘‘Medicare & You’’ handbook in- But it is all this choice that is caus- f cluded inaccurate information. Once ing the problem. Sometimes simplicity the errors were discovered, CMS di- MEDICARE PRESCRIPTION DRUG is better than choice, like Part A and BENEFIT IS A FAILURE Part B in the Medicare plan. Through rected seniors to Medicare’s Web site, even though over 75 percent of seniors Mr. EMANUEL. Mr. Speaker, I ask all this choice, the only thing they have never used the Internet. unanimous consent to take my Special have done is confuse seniors and driven Order at this time. up the profits for the pharmaceutical Mr. Speaker, the Medicare prescrip- The SPEAKER pro tempore. Is there companies and the HMOs. There is no tion drug benefit is an absolute failure. objection to the request of the gen- choice here. Mass confusion is what is It is a failure because it was never de- tleman from Illinois? going on. signed with the customer in mind.

VerDate Aug 31 2005 03:49 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.063 H15NOPT1 H10196 CONGRESSIONAL RECORD — HOUSE November 15, 2005 The SPEAKER pro tempore. Under a hanced education of women on the im- pension system as ‘‘fundamentally bro- previous order of the House, the gen- portance of folic acid. ken.’’ tleman from Nebraska (Mr. OSBORNE) is Don’s commitment to public service Mr. Speaker, workers who dedicate recognized for 5 minutes. and his love of politics reached its nat- years of service to a company should be (Mr. OSBORNE addressed the House. ural conclusion when he ran for a seat able to count on a decent retirement His remarks will appear hereafter in in the U.S. House of Representatives. and a measure of economic security. the Extensions of Remarks.) There is no doubt that during his cam- Yet in this time when more and more companies are reducing or dropping f paigns Maryland voters were enriched by Don’s discussions of the critical their defined benefit pension plans and The SPEAKER pro tempore. Under a issues facing our Nation. retiree health coverage, worker earned previous order of the House, the gen- Although his neighbors in Maryland benefits are often not guaranteed. This tleman from Maryland (Mr. WYNN) is were denied his direct representation, I Congress must step up with meaningful recognized for 5 minutes. can attest to the fact that his public pension reform to help shore up pen- (Mr. WYNN addressed the House. His service during the past 28 years has en- sion plans and encourage companies to remarks will appear hereafter in the riched their lives and the lives of many continue providing them. Extensions of Remarks.) in our Nation. Unfortunately, a bill authored by the f Don is a man who has admirably met gentleman from Ohio (Mr. BOEHNER), who chairs the committee here in the HONORING DON DEARMON ON THE the difficult challenge of balancing the House, is not that needed legislation. OCCASION OF HIS RETIREMENT demanding world of public service with being an involved, loving father and It pays lip service to pension reform Ms. ROYBAL-ALLARD. Mr. Speaker, husband. He and his wife, Ann, a teach- for workers, but continues to protect I ask unanimous consent to take my er, have raised four successful and po- big corporate interests and executives Special Order at this time. litically active children. Belle, 23, is an at the expense of workers. It is my sin- The SPEAKER pro tempore. Is there English major at the University of cere hope that this Congress will objection to the request of the gentle- Maryland, College Park. McCamie, 21, produce legislation that is truly needed woman from California? will be graduating in December from by America and by America’s workers. There was no objection. the University of Pittsburgh. Alex- Private pension plans are supposed to The SPEAKER pro tempore. Under a andra, 17, is a freshman at Wagner Col- be one leg of a three-legged stool of re- previous order of the House, the gentle- lege; and John, 13, is an 8th grader at tirement security for all American woman from California (Ms. ROYBAL- West Frederick Middle School. workers, along with Social Security. ALLARD) is recognized for 5 minutes. To Don and his family, I extend my However, we live in an era when per- Ms. ROYBAL-ALLARD. Mr. Speaker, deep appreciation and heartfelt con- sonal savings are virtually non- I rise to honor a friend and trusted ad- gratulations on the momentous occa- existent, and Social Security’s future viser, Donald McCamie DeArmon, on sion of his retirement. We will miss is menaced by the specter of Repub- the occasion of his retirement from a him, his hard work, his wealth of lican plans to privatize Social Secu- distinguished career of 28 years of pub- knowledge of political history, and his rity. Therefore, workers have to try lic service in the United States House wonderful anecdotes about his child- even harder to shore up increasingly of Representatives. hood in North Carolina, experiences on fragile private pension plans. Unfortunately, the Republican lead- b 2015 the Hill and life in Frederick, Mary- land. ers in this Congress want to pass legis- Don began his service on Capitol Hill Mr. Speaker, I join the many friends lation which would actually further de- following his graduation from the Uni- and colleagues who have had the privi- stabilize and underfund private pension versity of North Carolina at Chapel lege of working with Don in wishing plans. How in the world can they de- Hill in 1977. During those 28 years, he him happiness and success as he em- fend that approach? worked for the Office of House Infor- barks on his new career in the private Doehler-Jarvis, a company in my dis- mation Systems and six Members of sector. Don’s new work, advocating on trict, several years ago was the victim Congress. behalf of institutions of health, clearly of a takeover where they had to cancel Congressmembers Bill Ketchum, demonstrates his commitment to the retiree health benefits, and they just BARBARA MIKULSKI, Les AuCoin, DAVID true public servant’s belief that the did it over one weekend. They never PRICE, Vic Fazio, and I all had the good people’s work is never done. Godspeed, even told the workers they were going fortune to know and work with him. Don DeArmon. to do it. When they filed liquidation It was in 1999 that Don brought his bankruptcy, they pushed their obliga- wealth of experience and knowledge to f tions onto the Pension Benefit Guar- my office, serving first as associate The SPEAKER pro tempore (Mr. anty Corporation, which is going fur- staff for appropriations and then as POE). Under a previous order of the ther and further into the red as I speak legislative director and currently as House, the gentleman from Pennsyl- here this evening. acting chief of staff. vania (Mr. FITZPATRICK) is recognized Though that was not a perfect solu- Don is a team player who has for 5 minutes. tion, that was the only one that existed mentored many junior coworkers. His (Mr. FITZPATRICK of Pennsylvania at that time. Recently, we have heard political sense and institutional knowl- addressed the House. His remarks will the announcement by Delphi, the larg- edge of the House and his familiarity appear hereafter in the Extensions of est U.S. automotive manufacturer, with the legislative process have pro- Remarks.) that they are going to declare bank- vided my office with wise counsel. f ruptcy; and that it is the largest filing His many bipartisan and bicameral of bankruptcy ever in the history of friendships built over years in the BROKEN PENSION SYSTEM the automotive industry. It will have a House have been invaluable to my The SPEAKER pro tempore. Under a significant impact on thousands and work on the Committee on Appropria- previous order of the House, the gentle- thousands of workers. And under the tions. His knowledge of the numerous woman from Ohio (Ms. KAPTUR) is rec- terms of their bankruptcy filing, Del- funding accounts has been key to my ognized for 5 minutes. phi is attempting to require its em- ability to serve my constituents better. Ms. KAPTUR. Mr. Speaker, USA ployees to take pay cuts as high as 63 In addition to his work on the Com- Today on the front of the business page percent and benefit cuts of up to 77 per- mittee on Appropriations, Don has also has a major story: ‘‘ ‘Fundamentally cent just, they say, to keep a few of been the lead staff person for my legis- broken’ pension system in ‘crying need’ their U.S. plants open. lative health agenda. Through his of a fix: Even companies that play by The current Pension Benefit Guar- stewardship, we have made progress in the rules face shortfalls.’’ It goes on to anty Corporation has a several billion addressing the health crisis of say that David Walker, the chief of dollar shortfall already. How in the underaged drinking and in reducing Congress’s nonpartisan Government world are they going to be able to try preventable birth defects through en- Accountability Office, describes the to hold things together without that

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.067 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10197 fund being shored up, whether it is to has seen assets fall short of liabilities even sponsors, were to sink too deeply into red help Delphi or anyone else. Frankly, while the company follows the rules—that ink, a giant taxpayer bailout might be the this Congress should have legislation have reformers fearing a possible financial only way to keep millions of pensioners from passed that would disallow the bank- catastrophe on the scale of the savings-and- losing their checks. loan meltdown 15 years ago. Stopgap pension relief for companies ex- ruptcy system to be used by companies David Walker, chief of Congress’ non-par- pires Dec. 31. Without comprehensive reform to abdicate their pension and health re- tisan Government Accountability Office, de- legislation this year, temporary rules will sponsibilities. scribes the pension system as ‘‘fundamen- take effect that will increase the contribu- However, given the recent flood of tally broken.’’ He’s frustrated that policy- tions companies must make to their plans as companies that have experienced pen- makers so far have been unable to solve a well as the insurance premiums they must sion problems or breakdowns, the Pen- problem that’s been documented over and pay the PBGC. U.S. Labor Secretary Elaine sion Benefit Guaranty Corporation is over. Chao says the price of doing nothing about no longer as fail-safe as it used to be. It ‘‘There’s a crying need,’’ he says. reform will be ‘‘very bad’’ for plan sponsors. Business, Congress and the Bush adminis- The pension system in Corporate America had a $23 billion deficit last year, and tration agree that the U.S. system of private is in trouble for many reasons, some within since the time of President Clinton has pensions is badly in need of fixing. What the control of Washington policymakers and continued to fall from a position of sur- they haven’t agreed on is how to fix it. De- some not. plus to greater and greater deficit. The spite alarming statistics, years of studies Not the least of the problems is Americans’ chairman of the committee, Mr. and urgent calls for reform from advocates lengthening life spans. Retirees are living BOEHNER, dubs his plan the Pension on all sides, Rep. John Boehner, R-Ohio, a longer than ever and will draw pension Protection Plan; but it does nothing to sponsor of the pending House bill on pension checks longer than ever. The biggest genera- reform, rates chances of passage by both tion in history, the baby boom, starts hitting prevent runaway pension plan termi- houses of Congress this year as slim. Senate 65 in 2011. Making things worse is that many nations, nothing to provide meaningful Majority Leader Bill Frist, R-Tenn., said pension plans let workers start drawing ben- disclosure and transparency, or ensure Monday that the Senate bill might reach efits after 30 years of work. For many retir- fairness to workers, while rewarding that chamber’s floor by next week. ees, that means benefits start in their 50s. corporate executives. And it does noth- If Congress fails to act, ‘‘The problem will Another factor: Pension funds rely on as- ing to adequately protect the workers become much worse,’’ said Bradley Belt, sets that grow through investments in pension plans. PBGC executive director. ‘‘To call upon tax- stocks and bonds. For five years, markets Mr. Speaker, true pension reform leg- payers—most of whom don’t have defined- have produced lackluster returns. benefit pensions—to pay for the benefits of LOOPHOLES IN THE LAW islation would repeal special protec- those who do would be fundamentally un- But Congress can do nothing about demo- tions for executives where they can re- fair.’’ graphics or investment returns. So reformers ceive these so-called golden parachutes In total, defined-benefit pension plans of- are focusing on loopholes in the law—and while employees suffer deep cuts in fered by private employers are underfunded some companies’ willingness to exploit them by $450 billion, up from $39 billion just five their promised benefits. And the bill to avoid or reduce payments. years ago. The PBGC itself has a deficit of at currently authored here says if an em- Private pensions are governed by the Em- least $23 billion. PBGC numbers coming out ployer does not fund its pension plan ployee Retirement Income Security Act, today are expected to paint an even bleaker above 80 percent, then workers cannot passed in 1974 after the collapse of auto- picture: The high number of failed plans has maker Studebaker a decade earlier, which receive any increases in benefits or left it without enough assets to cover future left its retirees almost empty-handed. take a lump sum at retirement. No benefits. As more plans fail, the agency’s def- The law established the PBGC insurance similar restriction is placed on execu- icit will grow. program, which covers benefits up to specific tives. In recent years, Huffy bicycles, Big Bear annual dollar limits—up to $45,600 this year supermarkets, Polaroid, Kaiser Aluminum, And as the amount of guaranteed for someone retiring at 65—and requires Bethlehem Steel, WestPoint Stevens, Archi- benefit goes down, for example if the companies to pay premiums. Over the years, bald Candy and United Airlines have termi- employer does not fund above 60 per- changes have crept into the law designed to nated their plans and transferred responsi- cent, the workers’ plan must be frozen make it easier for firms to comply. bility for them to the PBGC. What worries Among the issues that reform proposals with no new benefits allowed. PBGC officials now is how many other large address: Mr. Speaker, America can do better companies are out there with ailing plans PBGC premiums. Almost everyone agrees than this. We ought to deep six the covering tens of thousands of workers. that without higher premiums and stricter Boehner bill and allow the workers of The PBGC last year calculated that finan- funding rules, pension problems will get cially weak companies with a reasonable this country to be able to receive the worse. The Bush administration proposed $30 chance of terminating their pensions are $96 deferred compensation that was part of per worker per year, up from $19 now. billion short of covering promised benefits. the contract that they signed when Skipped payments. Rules allow employers they went to work for America’s larg- GM A CONCERN to skip plan payments by applying excess est corporations. The PBGC won’t say whether General Mo- contributions from an earlier year as an off- [From the USA Today, Nov. 15, 2005] tors, whose pension plan is the biggest in set to the minimum requirement for a later U.S. industry, is among them. But the PBGC year—even if the plan is underfunded. ‘‘FUNDAMENTALLY BROKEN’’ PENSION SYSTEM estimates that if financially troubled GM ‘‘The combination of rules allows compa- IN ‘CRYING NEED’ OF A FIX had to terminate its plan soon, it would be nies to go for years on end without putting (By Marilyn Adams) underfunded by $31 billion, an estimate first any money into their pension plans,’’ says WASHINGTON.—Most surviving American reported by The New York Times. Using a Belt. steelmakers long ago abandoned costly pen- different accounting method, Credit Suisse US Airways, for example, made no con- sions plans. But AK Steel still covers most of First Boston estimates the underfunding at tributions to its pilots’ pension plan for its 7,500 workers with a plan that pays retir- $12.3 billion. years before it was terminated in 2003. ees a monthly benefit based on tenure and GM, whose plan covers 600,000 participants, Overpromising. Employers with under- past wages—a coveted defined-benefit plan. disputes those figures but declined to provide funded plans are allowed under current rules AK has never missed a benefit payment to its own estimate. It is not required by law to to sign labor contracts that promise union a pensioner or a payment to fund the plan. do so. ‘‘We don’t think it’s appropriate to members larger benefits that the companies That’s a source of pride for the 105-year-old view the pension plan on a termination can’t necessarily afford. Middletown, Ohio, company. basis,’’ because GM has no plan to end it, Secrecy. Every employer with a troubled Nonetheless, the assets of the AK pension said GM spokesman Jerry Dubrowski. plan is required to tell the PBGC each year plan fall $1.3 billion short of meeting esti- The U.S. Securities and Exchange Commis- how underfunded the plan would be if it had mated future obligations. The plan’s long- sion, meanwhile, is investigating how GM re- to be terminated. But the company is not re- term survival isn’t assured. ports pension-plan liabilities in its financial quired to tell the people directly affected: Much of the attention in the raging pen- statements as part of a broader look into the workers and pensioners. The PBGC is not al- sion-reform debate in Congress and the exec- automaker’s accounting. lowed to tell. utive branch focuses on big companies such PBGC director Belt fears the mounting Inadequate funding. PBGC’s Belt says as United Airlines and other corporate gi- pension crisis could approach the scope of funding rules today simply don’t ensure that ants that have used Chapter 11 bankruptcy- the savings-and-loan debacle that pushed the pension plans are fully funded. court reorganization to dump defined-benefit Federal Savings and Loan Insurance Corp. Most controversial is an administration pension plans on the already overburdened into insolvency in 1989 and cost taxpayers proposal to penalize companies with poor government insurer, the Pension Benefit $200 billion. credit ratings and underfunded plans by ac- Guaranty Corp. But it’s also cases such as If the PBGC, which is supported by insur- celerating their plan payments. The think- AK Steel—a relative corporate good guy that ance-premium payments from pension-plan ing is that those companies are at higher

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.072 H15NOPT1 H10198 CONGRESSIONAL RECORD — HOUSE November 15, 2005 risk for pension default and should be re- tribute to the extraordinary life of and he said, Barbara, please, you have quired to do more to keep plans afloat. Congressman Edward R. Roybal. to do this for me. I really want you to ‘SKY IS NOT FALLING’ Throughout his career, including 30 help us raise money for Centro Legal Boehner, The Ohio congressman, says such years in the United States Congress, De La Raza. tough medicine would ‘‘kill the patient’’ and Congressman Roybal championed the Of course I was honored to receive prompt some employers to drop their plans. rights of the underprivileged and broke this call from Congressman Roybal, AK Steel, for example, says its credit rat- down barriers for social justice. and how could I say no. It was such a ing has been below investment grade for I would like to express my deepest great honor to be able to work with years, yet it has never missed a payment. sympathy to his family and his friends, Business groups such as the National Asso- him and his family to make sure that ciation of Manufacturers acknowledged pen- especially to his devoted daughter, my we raised the money for many years to sion rules require tightening. But they ques- colleague and friend, Congresswoman provide these badly needed services. tion the administration’s alarming projec- LUCILLE ROYBAL-ALLARD, and say with His commitment to justice was un- tions and say companies with pension prob- the passing of her father, we lost a paralleled. His ability to use his clout lems don’t represent the majority. great man, a man who stood up for his for those without access to the halls of ‘‘Our message is the pension sky is not convictions, a man who stood up for power, not for himself personally, but falling,’’ says NAM spokesman Darren what he believed, and one who stood up for all of those shut out, his love for McKinney. ‘‘The problem is not as big as for those who needed a voice who did human kind, his great spirit will be some would have you believe.’’ not have a voice in our country. He He says the PBGC’s statistics show only with me forever. He was such a gen- 15% of private defined-benefit plans were will be deeply missed. tleman, a kind human spirit. He was a funded below 70% in 2002, the latest data Like many, I feel very blessed to respectful man, and many of us loved available. have known Congressman Roybal per- him so much. What seems to gall reformers most is the sonally. He lived his life and I always So tonight, on behalf of the 9th Con- recent pattern of big companies using Chap- noticed how he did this: by his actions gressional District of California, we sa- ter 11 of the bankruptcy code to jettison the and by his words. He had principles. He lute a great warrior; we thank him for debt of underfunded pension plans, then exit had principles that guided each and bankruptcy and survive. U.S. Airways did it, a job well done. We also thank Con- every one of his actions, and I think all gressman Roybal for a life well lived. and United is in the process. Huff and Big of us should really understand that In his memory, I think we should all Bear did the same in the bankruptcy court. those principles are absolutely nec- Now, reformers fear Delta Air Lines, rededicated ourselves to Congressman essary for us to fight for the rights and Northwest Airlines and auto-parts maker Edward R. Roybal’s ideals and his vi- the well-being of all human beings, es- Delphi, all of which filed Chapter 11 cases re- sion for a better world. pecially those who have been shut out cently, will make the same argument to Mr. Speaker, my thoughts and pray- their bankruptcy-court judges. of the American Dream. ers are with you and your family, LU- ‘‘People are using the pension system and His life was not only extraordinary; bankruptcy code as a business strat- it was an example to follow for genera- CILLE. May God bless you. egy,’’charges Walker of GAO. tions to come. Each one of us, I believe, f AK STEEL FEELS PENALIZED has a duty to carry on the legacy of The SPEAKER pro tempore. Under a AK Steel agrees. It has seen plenty of com- this great man. Our young people must previous order of the House, the gen- petitors unload their plans. AK says its pen- get to know Congressman Roybal, for tleman from California (Mr. HUNTER) is sion and retiree medical costs make its steel he made history taking on tough issues recognized for 5 minutes. at least $40 a ton more costly to produce when they were not popular. What a (Mr. HUNTER addressed the House. than some of its competitors’. role model he was. His remarks will appear hereafter in ‘‘We are penalized because we didn’t go Congressman Roybal not only cared the Extensions of Remarks.) bankrupt,’’ says Vice President Alan McCoy. about his own congressional district, So, AK has been going to its unions during f contract talks, asking them to agree to which he did very deeply, but he also The SPEAKER pro tempore. Under a freeze members’ pension plans so benefits worked very hard to help communities previous order of the House, the gen- throughout our country. As a member don’t keep growing and so new employees tleman from Maryland (Mr. CUMMINGS) aren’t covered. Three unions, representing of my predecessor’s, Ronald Dellums, is recognized for 5 minutes. 20% of AK’s unionized workforce, have staff, I vividly remember Congressman (Mr. CUMMINGS addressed the agreed. Roybal’s unbelievable efforts to help House. His remarks will appear here- ‘‘They told us they needed that relief to bring a Federal building to downtown after in the Extensions of Remarks.) stay competitive and stay out of bank- Oakland. Congressman Roybal and ruptcy,’’ says Tim Imes, president of the Congressman Dellums had a deep f United Steelworkers union in Ashland, KY, that represents AK workers there. Given friendship and mutual respect for each RETHINKING THE IRAQ WAR other. As a result of their partnership, pension-plan terminations at Bethlehem Ms. WOOLSEY. Mr. Speaker, I ask we have a beautiful Ronald V. Dellums Steel, National Steel and elsewhere, the unanimous consent to speak out of union knew ‘‘the monster was real.’’ Federal Building where my congres- order. AK officials say they still believe in good sional office is presently located. pensions but can’t ignore their competition. And in the Federal Building, we also The SPEAKER pro tempore. Is there ‘‘We are disturbed that the bankruptcy have an Edward R. Roybal Auditorium. objection to the request of the gentle- system allows what has happened to hap- And each time I walk into this beau- woman from California? pen,’’ says McCoy. ‘‘We don’t think that’s tiful building, I am reminded of this There was no objection. right.’’ great man and his magnificent spirit The SPEAKER pro tempore. Under a f and his love for his country and for our previous order of the House, the gentle- The SPEAKER pro tempore. Under a district. woman from California (Ms. WOOLSEY) previous order of the House, the gen- The 9th Congressional District of is recognized for 5 minutes. tleman from Texas (Mr. BURGESS) is California, we owe Congressman Roy- Ms. WOOLSEY. Mr. Speaker, first, I recognized for 5 minutes. bal a debt of gratitude; and we thank need to say I did not know Congress- (Mr. BURGESS addressed the House. you and his family for really sharing man Edward Roybal; but if he did noth- His remarks will appear hereafter in this giant of a human being with us. ing more than bring his daughter, LU- the Extensions of Remarks.) I have several personal and profes- CILLE ROYBAL-ALLARD, into this world, f sional affiliations with Congressman he brought a gift to all of us. I honor Roybal. His son, Eddie, headed up a him for that. HONORING EDWARD R. ROYBAL successful legal services center called Mr. Speaker, I was struck by some- The SPEAKER pro tempore. Under a Centro Legal De La Raza in Oakland, thing that I heard the chairman of the previous order of the House, the gentle- California. This center provides badly Senate Intelligence Committee say woman from California (Ms. LEE) is needed legal services to families other- over the weekend. Now that it is all recognized for 5 minutes. wise unable to afford them. too clear that the intelligence leading Ms. LEE. Mr. Speaker, I rise this Many years ago after leaving Ron’s up to the Iraq war was deeply flawed, evening to recognize and honor and pay staff, Congressman Roybal called me he was brave enough to say, ‘‘I think a

VerDate Aug 31 2005 03:49 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.040 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10199 lot of us would really stop and think a ending the war once and for all. It is (Ms. LOFGREN) is recognized for 60 min- minute before we would ever vote for time for the President not just to utes as the designee of the minority war or take military action.’’ And then admit his mistakes but to correct leader. he added, ‘‘We do not accept this intel- them. It is time to return Iraq to the Ms. ZOE LOFGREN of California. Mr. ligence at face value anymore.’’ Iraqi people and return our troops Speaker, I am honored to recognize the life and work of Congressman Edward b 2030 home to the families that have gone too long without them. Roybal. As Chair of the California Great. I am glad that the gentleman f Democratic Congressional Delegation, from Kansas, Mr. ROBERTS, is so cau- I am proud to recognize the accom- tious and skeptical now, after more HONORING CONGRESSMAN ED plishments of the pioneer of California than 2,000 soldiers have been killed, ROYBAL Hispanic politics. after we have poured $200 billion into The SPEAKER pro tempore (Mr. In his more than 30 years in Con- this war, after we have squandered POE). Under a previous order of the gress, from 1963 to 1993, Congressman America’s global credibility and good- House, the gentlewoman from Cali- Roybal opened many doors for immi- will. fornia (Ms. WATSON) is recognized for 5 grants and the less fortunate in this Back when this could have made a minutes. country, but more importantly he also difference, the chairman and so many Ms. WATSON. Mr. Speaker, Con- opened many minds. As the first His- others in this body and the upper gressman Ed Roybal, who recently panic to serve in Congress from Cali- Chamber fell in line behind the Presi- passed, will be remembered as a true fornia since 1879, his leadership was dent, rubberstamping his war with pioneer in the struggle for human and proof that our Nation’s greatness rests barely a peep of dissent. civil rights. He was an advocate his in its diversity. He gave future genera- Where were the hard questions then? whole life for the poor, disenfranchised tions the power to be involved in the Where was the oversight and the scru- and for seniors. democratic process by sponsoring legis- tiny back when it could have saved Ed was first elected to the House of lation which funded bilingual edu- lives and changed the course of his- Representatives in 1962, at a time when cation and inspired thousands to follow tory? Henry Gonzalez of Texas was the only his noble example and enter into public The latest line of argument from the other Hispanic representative in the service. White House is essentially this: Sure, House of Representatives. Ed served Californians are proud to call the vi- we were wrong about Saddam and with distinction in the House of Rep- sionary Congressman Roybal one of our weapons of mass destruction, but we resentatives for 30 years. He quickly own. But his contribution was not lim- did the best we could with what we earned the respect of his congressional ited to Hispanics or Californians. Con- had. colleagues and, in 1971, was elected to gressman Roybal’s vision and passion Leaving aside whether they were serve on the Appropriations Com- for social justice issues transcended mistaken about the intelligence or mittee, where he remained for the rest color lines, age groups and district and they actively manipulated it, I would of his career in Congress. He became State boundaries. He worked tirelessly like to see the President look a widow Chair of the Treasury, Postal Service, to extend the civil rights and push the or a grieving mother in the eye and use General Government Subcommittee in Democratic Party to become more at- that line. 1981. There he became a powerful advo- tuned to the needs of immigrants and The other thing they are saying is cate for funding for education, civil minorities. maybe we were wrong, but so were a rights and health programs. He was one In addition to all the legislation he lot of other people, including a lot of of the first Members of Congress to fought for and all the programs he Democrats, so get off our backs. This support HIV/AIDS research funding. sponsored, Congressman Roybal will attempt at spreading the blame is dis- Ed also had an abiding interest in the also be remembered because of the le- honest, and it is irresponsible. It was needs of our elderly and from 1985 to gion of public servants he inspired. One not the previous administration, nor 1989 served as the Chair of the Select of those, a man who fought for equal was it the President’s opponents in last Committee on Aging. In 1980, he suc- rights for farm workers of California, year’s election who launched a preemp- cessfully restored funds to programs was a young man in San Jose named tive war and put American credibility for the elderly and in 1982 played an in- Cesar Chavez. on the line in selling it. strumental role in maintaining the In 1947, Mr. Roybal first ran unsuc- It was not some other Vice President Meals on Wheels program. cessfully for a seat on the Los Angeles that leaned on analysts at Langley to He was a trailblazer for the rights of City Council. Reacting to his defeat he reach certain conclusions. It was not not only Hispanics but of all persons, founded the Los Angeles Community some other White House that was fix- white, black, brown, the young and the Services Organization, CSO, with a ing the intelligence and the facts elderly, who had been denied an equal goal of mobilizing L.A.’s Mexican around the policy, as the Downing opportunity and were looking for a Americans against discrimination in Street Memo put it. hand up. He always selflessly extended housing, employment and education. There is only one Commander-in- his hand and never lost sight of those The CSO was founded on the idea that Chief, and the buck must stop with in need throughout his distinguished people would learn from each other and him. Besides, there were plenty of us career as a public servant. would craft solutions to mutual prob- who were deeply skeptical about the I looked to Ed as he served on the lems, and the model caught on and case for war; and for raising our con- Los Angeles City Council and then in chapters formed throughout California. cerns, many of us had our patriotism Congress as a voice that could be trust- In San Jose, Cesar Chavez’s first expe- called into question. ed to consistently respond on behalf of rience in politics was registering voters Ambassador Joe Wilson was among those who could not speak for them- for the San Jose CSO, and the rest is those who raised the red flag, and look selves. We saw him as the go-to guy on history. what they did to him and to his family. the City Council. Today, Congressman Roybal’s legacy But of course, as the President is now Ed’s strong and dedicated message lives on in Congress and in cities across implicitly admitting, we who ques- will never be silenced. He leaves behind this country. More than 6,000 Hispanic tioned the intelligence were right. The a spiritual and an indelible legacy that elected officials have followed him into very fact that they are trying to re- will live on. God bless him. public service. His daughter and our write the history of the run-up to war f colleague, the distinguished Congress- is evidence that the war has been a dis- woman Lucille Roybal-Allard, now rep- astrous mistake. If all were going well RECOGNIZING THE LIFE OF resents part of her father’s old district in Iraq, the President would not be in CONGRESSMAN ED ROYBAL in East L.A. Lucille carries on her fa- this defensive posture, casting about The SPEAKER pro tempore (Mr. ther’s work of fighting for compassion for scapegoats. DAVIS of Kentucky). Under the Speak- and diversity in our government. There is a way to make it right. er’s announced policy of January 4, Although he has passed from this There is a way to fix the problem. By 2005, the gentlewoman from California earth, Congressman Roybal’s passion

VerDate Aug 31 2005 03:49 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.077 H15NOPT1 H10200 CONGRESSIONAL RECORD — HOUSE November 15, 2005 for the poor and his vision for a more here and trust that he is smiling down much harder than it is today. The chal- inclusive America will live on in the upon her. lenge may be different. The challenge law books of this country and in the GENERAL LEAVE today may take on a different venue hearts and minds of those who have Ms. ZOE LOFGREN of California. Mr. and a different texture, but we are able been touched by his service to our Speaker, I ask unanimous consent that to do that and to take on that responsi- country. all Members may have 5 legislative bility because we stand on the shoul- On behalf of the my California Demo- days within which to revise and extend ders of great leaders like Ed Roybal. cratic colleagues and my constituents their remarks and include extraneous So, tonight, it is sad that we are here in San Jose, I am honored to be here material on the subject of my special because we are going to miss him, but this evening to pay tribute to former order today. it is also a time to celebrate a great Congressman Ed Roybal. The SPEAKER pro tempore. Is there American, a great leader, one that We thank his family for supporting objection to the request of the gentle- leaves a legacy that I feel personally his work over many years and for being woman from California? blessed is carried on by his daughter, the source of tremendous pride for him, There was no objection. LUCILLE ROYBAL-ALLARD. May God his wife, Lucille, his three children, Ms. ZOE LOFGREN of California. Mr. bless all of the Roybal family, and cer- Congresswoman Lucille Roybal-Allard, Speaker, I yield to the gentleman from tainly God has blessed this country be- Lillian and Edward. Our thoughts are Texas (Mr. REYES). cause they have walked into this peo- with you during your grief, and we are Mr. REYES. Mr. Speaker, I thank the ple’s House for two generations. honored to be in this institution that gentlewoman for yielding. Ms. ZOE LOFGREN of California. Mr. was graced by Congressman Roybal. Tonight is both a sad night, because Speaker, I yield to the gentleman from This evening, we are going to co- we are here because of the passing of a California (Mr. BACA). manage the time. We have the Chair- great American, Congressman Ed Roy- Mr. BACA. Mr. Speaker, I rise to pay person of the Congressional Hispanic bal, but it is also a time to celebrate tribute and respect to Congressman Caucus, my wonderful colleague, Mrs. his life and his accomplishments and Roybal, father to LUCILLE ROYBAL-AL- NAPOLITANO, who will speak now for 4 his legacy. LARD, who passed away recently. I was minutes; and then we will yield back to I was just spending a few minutes very fortunate with many other indi- the many colleagues who are here this with my good friend and colleague, the viduals who attended the funeral, and evening who want to remember Ed. there was an outpouring of love that Mrs. NAPOLITANO. Mr. Speaker, I gentlewoman from California (Ms. ROY- came out. It was an outpouring because do not want to repeat all the accolades BAL-ALLARD), a great American in her this is an individual that led by exam- that have been showered upon a former own right, who carries on that great ple. This is an individual that really Member of Congress who I had the op- legacy of her dad, and I was telling her believed in true family values. He set portunity to meet but unfortunately how proud she must be here this the example by leading by example. A never was able to work alongside of evening to hear so many people talk true husband, a father, an individual him. You have heard how he was a about her dad. I know that she misses who cared about his family. trailblazer and how he cared for all mi- him, and I know that there is a huge Beyond caring about his family, he norities, all people that were the un- void in her heart as there exists in accomplished many things along the voiced of America; that he chose his many Members that worked with Con- way. He created hope, he created op- battles to where he would stand on this gressman Roybal. portunity, and he paved the way for floor and advocate relentlessly on be- I did not have the privilege of work- many of us who are currently serving half of all the poor and all the unjust ing with him in the House, but I cer- right now. things that were carried out against tainly knew him, or at least I felt I I was blessed to know him as a mem- the many peoples of the United States. knew him. I got to know him even I can tell you, though, that from lis- more by virtue of becoming a good ber of San Bernardino Community Col- tening to the many stories said about friend of his daughter and my college district during my period of time; this wonderful individual, you are able league, LUCILLE ROYBAL-ALLARD. She and during that time, I was involved in to put a picture of a human, humble, always told us about her experiences NALEAO. He was the man that was dedicated, compassionate, loving fam- coming to Washington and working in very instrumental in creating ily man who devoted his life to politics and around the Capitol with her mom NALEAO. NALEAO now has created an to make life better for all. And as you and her dad and about the things that opportunity for 6,000 individuals to be have heard, Mr. Speaker, he has be- her dad stood for and about the things elected. He created hope, he created op- come the trailblazer of Latino politics that he wanted to change and the portunity, and he created an oppor- in not only California but in the United things that he did change. tunity to say, ‘‘a si se puede,’’ that you can be whatever you want to be. States; that, because of him, many of b 2045 us now are able to stand before great He was an individual that cared bodies and be able to voice the con- She told us about the optimism that about people. He cared about the poor, cerns of those who have no voice in some day in this great country and in the disadvantaged, the seniors. He be- these Chambers. this, the people’s House, there would be lieved in fighting for what was right. It Mr. Speaker, we have great pride; many more Latinos and Latinas that is not about representing one segment and another accomplishment of this would represent communities all of the community but representing all great man is that he and four other in- around the country. And guess what? segments of the community, because dividuals, including the father of our Today, that is reality. Today, we have he never forgot where his roots came seated Member of Congress from San not only Latinos and Latinas here but from. Antonio, Charlie Gonzalez, Henry B. many other minorities that carry on He originally was born in New Mex- and several others joined together to the work and the legacy of Congress- ico, in Albuquerque, like I and many form the Congressional Hispanic Cau- man Roybal. others who have gone out, but he never cus Institute, which now fosters young What a giant he is among all of us. forgot his roots. He felt it was impor- Latinos for future leadership of this What a giant he is for us to look up to. tant for others to be proud of who you country. Another great accomplish- As a grandfather, I want to be able to are and where you come from and to ment. tell my grandkids that they should be say, I represent every individual, re- I could go on, and I probably would proud of their heritage because of lead- gardless of where I come from, but be be repeating a lot of things, but there ers like Congressman Roybal and the proud of who you are and where you are a lot of unsaid accolades that this many things that he has left for us. come from. And he did that. He did gentleman, this gentle man was able to There is a lot of work left to be done, that for a lot of us. transmit to those many people who but certainly many of us are here to- Because of that, many of us are in knew nothing of him but knew of his night and many of us are able to be positions that we would not be in right greatness. here in these elected positions because now. But it took someone that was To his daughter, Lucille, my good of the work that he and a few others willing to stand up and pave the way, friend, we are very, very happy she is did back then when it must have been not only fighting for civil rights and

VerDate Aug 31 2005 03:49 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.079 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10201 education and opportunities for many er, and those of us in Congress lost a Representative LUCILLE ROYBAL-AL- individuals and being the first elected dear friend with the passing of the late, LARD. She will now carry the torch of to many of the positions that we now great Congressman Edward R. Roybal. her great father. Other Latino leaders, have. He was a city councilman, the Ed Roybal was a forward-thinking, such as Los Angeles Mayor Antonio very first one, and then he became a progressive Latino politician long be- Villaraigosa, owe a huge debt of grati- role model, a mentor, a counselor, fore there was something called the tude to this unassuming, yet powerful someone who guided someone. It is not Chicano movement. He was born in figure in American politics. He was a easy when you are the first, because February, 1916, in Albuquerque, New trailblazer and an icon of the Latino everybody else expects you to fall Mexico. At the age of 6, he moved with community. We all owe a debt of grati- down. He did not fall down. He set a his family to the Boyle Heights neigh- tude to this great distinguished Amer- good example for others to follow. borhood of Los Angeles. After earning ican who saw a wrong and tried to Mr. Speaker, because he led by exam- degrees at UCLA and Southwestern right it. ple and did positive things. There were University, he joined the Army in 1944 I called upon Congressman Roybal at many other opportunities for Hispanics and went off to fight in World War II. a time when I was in the State legisla- like me and others to say, you know Upon his return to Los Angeles in ture, and I had an issue in the city of what? If Congressman Roybal can be a 1945, Ed worked as the Director of Compton. I did not know the man, but city councilman, maybe I can become a Health Education for the Los Angeles I called on him because he had shown school board member, a Senator, a County Tuberculosis and Health Asso- such compassion for those who were United States Congressman like him. ciation. In 1949, he became the first the downtrodden. I called on him, and He created that. He created those op- Mexican American elected to the Los he came to my aid and with such com- portunities for us. Angeles City Council in nearly a cen- passion helped me through the tur- Let me tell my colleagues, we are all tury, and it would be his springboard to moils that I had in my district. I will very proud of his accomplishments, of greater accomplishments. never forget this very compassionate, what he has done not only in creating In 1959, he founded the Mexican powerful, unassuming but great man. opportunity but, at the same time, American Political Association, one of In 1976, he co-founded the Congres- when there were segregated pools, the first organizations formed to im- sional Hispanic Caucus along with oth- when they did not let Mexican Ameri- prove the social, economic, cultural, ers and helped to expand Latino rep- cans and others utilize the pools, he and civic advancements of Mexican resentation across this country. Fol- wanted to make sure that everyone Americans and all Spanish-speaking lowing his leadership and example, could. Like Rosa Parks, he believed in Americans through political action. Latinos are today represented in Con- civil rights, and he believed in standing This organization has become a pre- gress in State legislatures, as gov- up for it. He stood up. The price was mier leader in our Nation, fighting for ernors, and in many other leadership not easy, but he stood up and fought. the rights of all Americans. positions, and they lead many of our Because of that, America is a lot better Later, he also formed the National most populous cities. Yes, he paved the today. He has paved the way and set an Association of Latino Elected and Ap- way to political power for today’s example for all of us to follow. pointed Officials. He knew the impor- Latino leaders and all Americans who Let us follow the lead that Congress- tance of a political system and wanted care about fair and representative elec- man Roybal has done and his daughter to ensure Latinos made their voices tions, and we can be grateful for the is now doing here in Congress by doing heard through this process. path that we crossed with this great the same thing here: fighting for civil In 1963, he again broke down barriers man. His service to our country will rights, fighting for education, fighting by becoming the first Mexican Amer- not be forgotten. His stellar leadership for health, being a voice for many peo- ican elected to the U.S. House of Rep- will be with us for always. ple who do not have voices. The daugh- resentatives in the 20th century. The condolences of my constituents ter is leading because the father set the When he took his seat in Congress, of the 37th Congressional District of example to say it is important to have Ed Roybal never forgot his roots and California are extended to the Roybal people that speak out. those he represented. But not only did family. God bless them all. I am glad to have known Congress- he represent Latinos. I saw him as a Ms. ZOE LOFGREN of California. Mr. man Roybal, and I am equally glad to leader representing all of us. He Speaker, I yield to the gentleman from know LUCILLE ROYBAL-ALLARD, and worked tirelessly to ensure that all Texas (Mr. GONZALEZ). sometimes we forget to mention her people, Latinos and others alike, were Mr. GONZALEZ. Mr. Speaker, I last name, ALLARD, as well here serv- fairly represented and that their inter- thank my colleagues. ing in Congress. ests were not diluted during redis- I think I bring a different perspective I offer my condolences to the family, tricting. Sadly, he often stood alone in to the comments and the remarks re- his wife, Lucille, his daughters, LU- these efforts. garding the extraordinary life of Con- CILLE and Lillian, and his son, Edward, Ed Roybal was also a strong advocate gressman Ed Roybal, and that is that I Jr. You truly are a good example that for the elderly and the working poor. followed in my father’s footsteps just if you follow your dad’s steps, he has We have heard how he served as chair- as Congresswoman LUCILLE ROYBAL- true values, he truly is a leader, his man of both the Select Committee on ALLARD does today, so I think we have legacy will live on forever because he Aging and the Subcommittee on Health shared experiences. truly is a pioneer for all of us. He has and Long Term Care, moving legisla- I know that about 4 years ago Lucille paved the way for hope and oppor- tion on health care, Social Security, and I were interviewed about our expe- tunity for each and every one of us. housing, and other human services. riences as children being raised in a po- Mr. Speaker, life is a lot better, and What a great man he was. litical family and then following in no one will ever know how those doors He was indeed a New Deal Democrat their parent’s footsteps. We had so have been opened for many individuals who was known as a legislator’s legis- much to share. So I think that some of throughout the country. I thank him lator for his ability to craft and pass my remarks I would hope do bring and say God bless him and God bless landmark legislation. In the 1950s, he what I consider a very special view. your mother and God bless you, LU- stood up against the loyalty oath of The first thing is that our fathers CILLE ROYBAL. the McCarthy era. In the 1960s, he be- started their careers here in this Con- Ms. ZOE LOFGREN of California. Mr. came an early congressional critic of gress in 1961 and 1962 respectively and, Speaker, I now would like to yield to the Vietnam war. And throughout his combined, I think served about 67 won- the distinguished gentlewoman from life, he was a strong advocate of work- derful, productive, very successful and Los Angeles County (Ms. MILLENDER- ers’ rights. historical years in so many different MCDONALD). Ed Roybal opened the doors for a new ways. But I think we need to go to the Ms. MILLENDER-MCDONALD. Mr. generation of Latino elected officials; very beginning. They both started Speaker, I am honored tonight to stand and, in my opinion, he opened the their political years in the late 1940s, here to honor a great American. Last doors for all folks, including his great and they both lost their first races. So month, America lost a visionary lead- daughter and our friend and colleague, I think they always would rise to the

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.081 H15NOPT1 H10202 CONGRESSIONAL RECORD — HOUSE November 15, 2005 challenge, of course, over tremendous cus, the total membership would have He was born the same year as my adversity in their entire lives. I think been two, LUCILLE’s father and my fa- mother, 1916, Albuquerque, New Mex- both of our fathers were always re- ther. The legacy lives on. Tangible and ico. He came to California, worked in ferred to as ‘‘the first,’’ the first His- living proof of that is that tomorrow the Civilian Conservation Corps, panic to be elected to the House of Rep- morning there will be 27 Members of worked for the California Tuberculosis resentatives from California, the first this House that will come through Association, became involved in World Hispanic to be elected from the State these doors that are either Hispanic or War II as a soldier, and then returned of Texas, and so on. Portuguese in descent. All Americans, to Los Angeles County as director of b 2100 of course, first and foremost, because I health education and then got into pol- think that is what your father’s mes- itics at the same time, as he and my fa- People forget what that truly sig- sage was. It was then and it is today ther both ran for city council, my fa- nifies. Being the first at anything and his legacy lives tomorrow. ther in Northern California and Ed means that you are surviving in a very Ms. ZOE LOFGREN of California. Mr. Roybal in Southern California. They hostile environment; and where we find Speaker, I yield to the gentleman from both lost. ourselves today, even when we com- California (Mr. SHERMAN). Later on he was elected and became plain about the challenges and the ob- Mr. SHERMAN. Mr. Speaker, I will the first Hispanic to serve on the city stacles that are before us, there is no be brief, because all that I can say has council in more than a century. I re- comparison. It pales to the situation in been said and will be said more elo- member in 1954, he was the Democratic the 1940s, the 1950s, and the 1960s; and quently by others on this floor. I want- nominee for lieutenant governor. My there is no doubt, even today, the bar- ed to be here for this sad and happy oc- father was on that ballot. I remember riers are there for people of color. casion as we celebrate the life and They had to succeed where no one that ballot. That was when red baiting else had ever succeeded before, and mourn the death of a great American went op. People just tore people apart. They both lost in that election. My they had to maintain and sustain that and a great Los Angelino. Ed Roybal was a pioneer. He started father went on to become elected to position, because much more was ex- the community service organization the State senate and Ed Roybal to the pected of them, being that representa- and formed a partnership of Mexican United States Congress. When he ar- tive of a minority. Yet I do not want to restrict Ed Roybal’s contributions and Americans, the Jewish community, the rived here in Congress, he was the first define him simply by his ethnicity, be- Asian community and then was the Hispanic Californian to serve in Con- cause that is not true. It went way be- first in the century, in over a century, gress since 1879. He was a pioneer for yond that. He understood until there member of the Los Angeles City Coun- all our great State, and, indeed, the was justice for all, there would be jus- cil, then the first Hispanic in over a multicultural democracy that Cali- tice for none; and that is what his life century to represent our State here in fornia has become. He served on the Appropriations was all about. I am hoping that tonight the House of Representatives, where he it is a celebration. I think my col- served for three decades fighting for Committee, and there is where our paths crossed. I am on the Appropria- league, Congressman REYES, has aptly the rights of minorities, the elderly, pointed that out. and the physically challenged. tions Committee. I met LUCILLE when On the personal side, I ventured a He was a founding member, as has she got elected to the California State guess that my colleague, LUCILLE ROY- been said before, and the first chair of Assembly in 1986. We served together BAL-ALLARD, did not see much of her the Congressional Hispanic Caucus and there. She came to Congress a few father after 1962, that he was way over was a pioneer in fighting for funding months before I did. We have served here on the east coast and the family for HIV and AIDS. Edward Roybal both on the Appropriations Committee, was way over there on the west coast leaves a legacy, not just all the awards the only California Democrats on that for the most part, and I know that feel- named after him, not just the program committee. ing. at Cal State Los Angeles that he I think when we think back about There was tremendous sacrifice on helped found, not just all of the legisla- the privilege we had, not only growing the part of the Roybal family. Tonight tion that he influenced in this House. up in a family, yes, things were tough, I know that my colleagues join me in He leaves a legacy of his children and as pointed out by CHARLIE GONZALEZ, saying thank you to your mother, to grandchildren, and our own LUCILLE there were also privileges, the privi- your brother, to your sister and to you, ROYBAL-ALLARD, I know you far better leges of debate, the privileges of com- for sharing your father, because he than I know your brother and sister; mitment to public services, the privi- gave much more to us than he probably but if you are any indication, he left leges of wanting to make the world a did individually to you as far as the quite a legacy. He was an inspiration better place. Those were privileges. time that was allowed him to spend to your family and an inspiration to all I think that the legacy that he left with the family. of us. for his own children, LUCILLE serving That was a great sacrifice, which Ms. ZOE LOFGREN of California. Mr. in the United States Congress, Lillian, then leads you to the eventual ques- Speaker, I yield to the gentleman from who is a constituent of mine in Santa tion, and one that we all ask ourselves, California (Mr. FARR), who preceded Cruz and a really able professional, and that is the careers that we choose, me as Chair of the Democratic delega- doing a lot to deal with discrimination have we made a difference to sacrifice tion. and how to teach tolerance, and their for our families, because there is no Mr. FARR. I thank the gentlewoman brother, Edward Roybal, Jr., carrying doubt that your father could have been for yielding. the yoke of his father, obviously, with very successful at other enterprises Mr. Speaker, I rise tonight realizing not only the same name but all of the that materially and financially would what an incredible privilege it is for us responsibilities that his father has left have been much more rewarding, and to speak in the well of the floor of the for him. he would have been right there at House of Representatives and what a It is a privilege, and it is sad to lose home, but he chose to do something for privilege it is to grow up in a family a parent, but what an opportunity to so many others, and that is a very spe- that is politically inspired. be able to come to the well of the cial calling. I also know what a heart-wrenching House of Representatives and give this Your mother, your brother, your sis- loss a parent is. It tears your heart out. tribute, a tribute that he, Mr. Roybal, ter, yourself will probably ask but was I speak tonight because I feel very has gotten not only from us here to- it worth it, was it worth that sacrifice. privileged, having grown up in a polit- night, for his life, but during his life, It is a resounding ‘‘yes.’’ It is a re- ical family, like LUCILLE ROYBAL-AL- recognized by Presidents, by Senators, sounding ‘‘yes’’ if you look at all the LARD. I remember so much early child- by Congressmembers, by members of city halls, if you look at all our State hood politics of what was going on in the State legislature and city council legislatures, if you look at the United our house and in the State of Cali- members; and, frankly, I cannot think States Congress. fornia. In many ways, Ed Roybal was of a person who we really know was a If we go back to 1961 and 1962, I think like another father, because he was in pioneer in being able to bring an under- if we had a congressional Spanish Cau- the era that my father was in politics. standing that if you are going to have

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.082 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10203 a government of by and for the people, not know the history, you were baffled The Roybal family is also extremely it better look like the people. at the fact that this man spoke in a grateful to my father’s former chiefs of I am very proud to be in a congres- low voice, in a soft voice, and yet he staff and Antonio Villaraigosa, Mayor sional delegation from California that had been a giant in tearing down walls. of Los Angeles, and his staff for pro- is the most multicultural delegation in I guess what he taught me more than viding so much help and support during the United States Congress. Your fa- anything else is you do not have to yell this difficult time. My family also send ther started that. I am very, very and scream and kick and get into a a heartfelt thank you to my many col- proud to serve with you. rage to make change. You just had to leagues, constituents, and friends who Perhaps one of the nicest titles that know what it was that you and your gave their condolences, attended the your father has been given, which was community wanted and go at it. This services and/or sent flowers. while he was still alive, back in 2004, photograph has been replicated today; Mr. Speaker, my father Edward R. the Mexican-American Political Asso- and tomorrow, LUCILLE, I will present Roybal loved our country and this ciation named him the Latino Legend it to you in the hope that your family House of Representatives where he of the 20th Century. takes it not as a moment when I was served proudly for 30 years. During the LUCILLE, we appreciate the great life chairman of the caucus, but rather past weeks we have heard stories of my that your father gave to public service. when the founder of the caucus took father’s many legislative accomplish- We love you for serving with us in the time to once again continue the mes- ments and oftentimes lonely battles on United States Congress. Please pass on sage to yet another generation of Mem- behalf of the sick, the elderly and the our best to all of your family, your sis- bers of Congress and Latino Americans, disadvantaged. As one of the 13 carter, and your brother and your mother that this was an important thing to do. dinals of the House Committee on Ap- for the service that your father gave to This was the passing of the torch at propriations, colleagues from both this country. It made us a better Amer- that moment, but he has been passing sides of the aisle have related to me ica. on the torch and will continue to for as stories of his fairness and ability to Ms. ZOE LOFGREN of California. Mr. long as we are around. work in a bipartisan way on behalf of Speaker, I yield to Congressman JOSE´ Ms. ZOE LOFGREN of California. Mr. his constituents and our Nation. SERRANO from New York. Speaker, we have heard many things We have also heard about his many (Mr. SERRANO asked and was given today about Congressman Edward Roy- tributes, including the naming of the permission to revise and extend his re- bal, what a giant he was, what a leader Atlanta campus of the Centers for Dis- marks.) he was, how he stood up for people who ease Control in his honor, and the rec- Mr. SERRANO. Mr. Speaker, I thank had too little, how he changed our ognition received for his lifelong lead- the gentlewoman for yielding. I come world. I am mindful all of us who lost ership when he was awarded our Na- with a photograph that sits in my of- a dad know how very hard it is in a tion’s highest civilian honor, the Presi- fice for many years. It is a photograph very personal way. Leader or no, it is dential Citizens Medal. of the day that I was sworn in as chair- still your dad. I also know that the I would like to end this special order, man of the Congressional Hispanic best way maybe to know a person, to Mr. Speaker, by talking about Edward Caucus. In the picture is the previous know someone like Congressman Roy- Roybal, the father, from the personal chairman, SOLOMON ORTIZ, and at the bal, is to look at his daughter, who is experiences of his three children. As center is Ed Roybal. the same kind of tenacious, dignified many families do in such times of sad- I think it is fitting that he was at the person who will stand up for those who ness, my brother, sister and I sat and center, because he was always at the have nothing and make a difference, as talked about our memories of Dad or center of any change or movement or she is making a difference, just as her ‘‘Pop’’ as we lovingly called him. any small or large or historic moment father did in the Congress for those in We recalled how deeply he loved our in our community. The folks that gave need. mother and his wife of 65 years, Lucille me the photograph titled it ‘‘Passing of Beserra Roybal. Always by his side, her the Torch.’’ At that moment, it was b 2115 hard work and devotion was the glue not passing of the torch because I was I would like to yield to our beloved that held our family together and pro- such a change in the caucus, but be- colleague, the gentlewoman from Cali- vided the strength and support that cause he always welcomed every new fornia (Ms. ROYBAL-ALLARD). helped to make possible our father’s Member, and he always felt that every Ms. ROYBAL-ALLARD. Mr. Speaker, many accomplishments, which started new Member had something new to on behalf of the Roybal family I sin- when he was only a teenager, success- add. cerely thank the gentlewoman from fully leading the fight against dis- Today, as I look at this photograph, California (Ms. LOFGREN), the gentle- crimination at a local swimming pool I realize that we have two major par- woman from California (Mrs. and continued when he was a public ties and a lot of other parties courting NAPOLITANO), and my colleagues for to- health educator in the State of Cali- the Latino vote. We have posters and night’s special order and for their kind fornia. journalists and editorial boards saying words about my father, former Con- We remembered his strong belief in how strong we have become and how gressman Edward R. Roybal. the value and strength of family and important we are. Yet I wonder at I thank the President and Mrs. Bush how he, with my mother, shaped our times what it must have been for Ed for their considerate letter of condo- values and modeled for us deep per- Roybal to be a member of the L.A. City lence, the Speaker of the House, the sonal integrity. Council at that time and to be a Mem- gentleman from Illinois (Mr. HASTERT) He taught us faith in God, the value ber of Congress at the time that he for his graciousness in presenting my of family and friends and the impor- was, when it was not fashionable to be mother the flag flown over our Na- tance of giving back to one’s commu- a Latino Member of Congress, when it tion’s Capitol in my father’s honor, and nity. And, without a doubt, he taught was indeed a pioneering effort. Senate Minority Leader HARRY REID us the importance of participating in What I remember most about him is for sharing his special memories of my the political process. sitting on the House floor and having father on the Senate floor. My sister Lillian, my brother Ed and him speak to me, and in the cloakroom For their kind and eloquent words I remembered how we never sat down speak to me, with such dignity and during the memorial services in Los to dinner at a normal hour with just such respect about what was expected Angeles, I thank my colleagues, the the immediate family but always sur- of me as a Member of Congress, and gentlewoman from California (Ms. rounded by our political family and how much I had to represent the east PELOSI), the Minority Leader, the gen- friends. We remembered how at any coast and the Puerto Rican-American tleman from California (Mr. DREIER), time our house could fill with people community in everything that we did. the chairman of the Rules Committee, and another emergency meeting would He had a way about him that is men- the gentleman from Texas (Mr. ORTIZ), be convened, for our house was always tioned here. He is what we call a class my father’s good friend and colleague, the gathering place. We remembered act. He conducted himself in such a and the gentleman from California (Mr. triumphant elections, painful defeats, way. He spoke in such a way. If you did BECERRA). high expectations, and fearful realities.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.084 H15NOPT1 H10204 CONGRESSIONAL RECORD — HOUSE November 15, 2005 The fearful realities were particu- Molina of Los Angeles, Judge Harry We remembered how at any time our house larly vivid during the forties and fifties Pregerson, U.S. Court of Appeals for the Ninth could fill with people and another emergency when we were young children growing Circuit, Sheriff Lee Baca of Los Angeles meeting would be convened.... for our up in the Boyle Heights community of County, Councilman Alex Padilla, President of house was always the gathering place. Los Angeles. During that time in our the Los Angeles City Council, Antonia Her- We remembered triumphant elections, pain- city’s history, Mexican Americans and nandez, Dan Maldonado, Evelyn Verdugo- ful defeats, high expectations, and fearful re- other minorities were not welcomed in Tabarez, Brenda Sutton-Wills, Ricardo alities. many parts of our city. Therefore, one Olivarez, Eloise Sotello, Linda Newton, and The fearful realities were particularly vivid can well imagine the reception my fa- Manuel Gonez. during the forties and fifties when we were ther received in 1949 when he was the The Roybal family is also extremely grateful young children growing up in the Boyle first Latino to be elected to the Los to my father’s former Chiefs of Staff, Ed Avila, Heights community of Los Angeles. Angeles City Council in the 20th cen- Henry Lozano, Dan Maldonado, Jorge During that time in our city’s history, Mexi- tury. The racial slurs and not-so-quiet Lambrinos, Harry Pachon and the Mayor of can Americans and other minorities were not whispers directed at him and our fam- Los Angeles Antonio Villaraigosa and his staff, welcomed in many parts of our city. ily when we attended events and din- for providing so much help and support during Therefore, one can well imagine the recep- ners remain vivid in our minds today. this difficult time. tion my father received in 1949, when he was But equally as vivid is the strength My family also sends a heartfelt thank you the first Latino to be elected to the Los Ange- and the courage he demonstrated as to my many colleagues, constituents and les City Council in the twentieth century. many in our society tried to humiliate friends who gave their condolences, attended The racial slurs and not so quiet whispers and intimidate him to give up his the services, and/or sent flowers. directed at him and our family when we at- cause. Giving up was something he Mr. Speaker, my father Edward R. Roybal tended events and dinners remain vivid in our would never consider, because he clear- loved our country and this House of Rep- minds even today. ly understood and reminded us often resentatives, where he served proudly for 30 But equally as vivid is the strength and the that the struggles and the victories years. courage he demonstrated as many in our soci- were not about him and our family but During the past weeks, we have heard sto- ety tried to humiliate and intimidate him to give about creating a foundation of oppor- ries of my father’s many legislative accom- up his cause. tunity for future generations of plishments and often time’s lonely battles on Giving up was something he would never Latinos and other disenfranchised behalf of the sick, the elderly, and the dis- consider because he clearly understood, and Americans and community. advantaged. reminded us often, that the struggles, and In the midst of all of the political As one of the 13 cardinals of the House Ap- even the victories, were not about him and our turmoil, we also remembered that propriations Committee, colleagues from both family, but about creating a foundation of op- there was laughter and fun, and we al- sides of the aisle have related to me stories of portunity for future generations of Latinos and ways knew we were loved. We remem- his fairness and ability to work in a bi-partisan other disenfranchised Americans and Commu- bered family gatherings when Dad way on behalf of his constituents and our Na- nities. played his guitar and sang with our tion. In the midst of all the political turmoil, we mother. We remembered his love for We have also heard about his many trib- also remembered that there was laughter and his sons-in-law, Michael Rose and Ed- utes, including the naming of the Atlanta cam- fun; and we always knew we were loved. ward Allard, and the deep love and pus of the Centers for Disease Control in his We remembered family gatherings when pride he had for his grandchildren, Lisa honor. Dad played his guitar and sang with our moth- And, the recognition received for his life- Elliott, Ricardo Olivarez, Michael er. long leadership when he was awarded our Na- Rose, Loushana R. Rose and his great We remembered his love for his son-in-laws tion’s highest civilian honor: The Presidential grandchildren Emily Rose, Diego, Michael Rose and Edward Allard. Citizens Medal. Santiago, and Lourdes Olivarez and And the deep love and pride he had for his I would like to end this Special Order Mr. Mason Elliott. grandchildren Lisa Elliott, Ricardo Olivarez, Speaker, by talking about Edward Roybal, the The void my father leaves behind will Michael R. Rose, Loushana R. Rose and his father, from the personal experiences of his always be filled with these and many great grandchildren Emily Rose, Diego, three children. Santiago, and Lourdes Olivarez and Mason more fond memories and values he left As many families do in such times of sad- Elliott. with us as part of his legacy. We miss ness, my brother, sister and I sat and talked The void my father leaves behind will al- him, and he will always be in our about our memories of Dad or Pop as we lov- ways be filled with these and many more fond hearts with great love and pride. ingly called him. memories and values he left with us as part of Mr. Speaker, on behalf of the Roybal We recalled how deeply he loved our moth- his legacy. family, I again thank my colleagues er and his wife of 65 years, Lucille Beserra We miss him and he will always be in our for tonight’s special order and for shar- Roybal. ing their thoughts and special memo- Always by his side, her hard work and devo- hearts with great love and pride. ries of my father, Congressman Edward tion was the glue that held our family together Mr. Speaker, on behalf of the Roybal family, R. Roybal. and provided the strength and support that I again thank my colleagues for tonight’s Spe- Mr. Speaker, on behalf of the Roybal family helped to make possible our father’s many ac- cial Order and for sharing their thoughts and I sincerely thank my colleagues for tonight’s complishments, which started when he was special memories of my father, Congressman Special Order and for their kind words about only a teenager, successfully leading a fight Edward R. Roybal. my father former Congressman Edward R. against discrimination at a local swimming Mr. LANTOS. Mr. Speaker, today I rise to Roybal. pool and continued when he was a public recognize the contributions of an outstanding I thank the President and Mrs. Bush for their health educator in the state of California. Californian. We lost a tireless public servant considerate letter of condolence, Speaker We remembered his strong belief in the and inspiring colleague when Edward R. Roy- DENNIS HASTERT for his graciousness in pre- value and strength of family. bal passed away on October 25th. He dedi- senting my mother the flag flown over our Na- And how he, with my mother, shaped our cated his career to a better America for mi- tion’s capitol in my father’s honor, and Senate values and modeled for us deep personal in- norities, the poor, and the elderly. This is a Minority Leader HARRY REID for sharing his tegrity. sad loss for our delegation, but also a time to special memories about my father on the Sen- He taught us faith in God, the value of fam- reflect upon and remember the aspirations ate floor. ily and friends, and the importance of giving and accomplishments of an outstanding col- For their kind and eloquent words during the back to one’s community. league and friend. memorial services in Los Angeles, I thank And without a doubt, he taught us the im- Edward Roybal served here for 30 years as Congresswoman NANCY PELOSI, the Minority portance of participating in the political proc- the first Hispanic member from California in Leader, Congressman DAVID DREIER, Chair- ess. over 80 years. He was a founding member man of the Rules Committee, Congressman My sister Lillian, my brother Ed and I, re- and the first chair of the Congressional His- SOLOMON ORTIZ, my father’s good friend and membered how we never sat down to dinner panic Caucus (CHC). He was a founding colleague from Texas, Congressman XAVIER at a normal hour with just the immediate fam- member of the National Association of Latino BECERRA, from California Mayor Antonio ily, but always surrounded by our political fam- Elected Officials (NALEO) and the Congres- Villaraigosa of Los Angeles, Supervisor Gloria ily and friends. sional Hispanic Caucus Institute.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.085 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10205 Before his election to the House, Ed worked At the time of his election, he became the gently to give a voice to the voiceless, and in health education and fought for equal rights first Hispanic from California to serve in Con- fought to make significant policy changes to in housing, education and employment. Ed gress since 1879. important issues that affected his constituents, brought these passions to the House of Rep- He was one of the founding members—and especially the elderly, Latinos, and immigrants. resentatives in 1963, and made his mark as a became the first chair—of the Congressional Even before his political career began, Con- visionary for a more inclusive America. In the Hispanic Caucus (CHC). gressman Roybal was fighting for civil rights years to come, Ed labored to pass legislation During his time in Congress, he ascended and working to create unity in his East Los to outlaw age discrimination. He worked for to the powerful Appropriations Committee, Angeles community. He established the Com- numerous benefits and opportunities for those where he was an outspoken advocate for munity Service Organization, which partnered with handicaps. As we accept and embrace funding for education, civil rights, and health the Jewish and Mexican-American commu- the rights of these fellow citizens, Ed was a programs. nities in efforts to end the discrimination he trailblazer leading the way. He was one of the first members of Con- witnessed in education, housing, and employ- In his work on the Appropriations Com- gress to press for HIV/AIDS research funding. ment. mittee, Ed led efforts to protect funding for He was a true advocate for senior citizens In 1949, Congressman Roybal overcame programs for the elderly, including public as well. He served on the Select Committee threats and racism to become the first His- housing programs for senior citizens, commu- on Aging—and was the Chairman from 1985 panic to serve on the Los Angeles City Coun- nity-based alternatives to nursing homes, and to 1993. He worked tirelessly for the rights of cil in more than a century. Though he faced the Meals on Wheels program. Ed also contin- senior citizens and was most proud of his ef- discrimination, he was not deterred. He used ued to fight for laws that treated all Americans forts to protect and expand the Meals on his experiences as motivation to invoke fairly. He voted to pass the Equal Rights Wheels program. change, and spent his career in public service Amendment and played a key role in helping Upon his retirement from Congress in 1992, advocating civil rights. As a leading figure in to pass legislation that reversed a 1989 Su- Representative Roybal was honored to see his the Latino community, he worked to address preme Court decision allowing age-based dis- daughter—and our colleague—LUCILLE ROY- the issues facing his many Latino constituents, crimination in employee benefits. Ed retired BAL-ALLARD elected to Congress to represent whose problems were often ignored. Con- following the 1992 elections leaving a thirty- the newly-created 33rd District, which included gressman Roybal understood the importance year record of success for minorities, the poor a portion of the same district that Rep. Ed of supporting the Hispanic community—and in and the elderly. Roybal had represented in Congress for 30 a country with more than 40 million Latinos, Los Angeles County, the Center for Disease years. we see that his investment in this community Control and Prevention, California State Los After leaving Congress, Ed continued to ad- was well founded. Angeles, and the University of California, Los vocate for those he cared most about and As the son of immigrants, I applaud Con- Angeles, recognized Ed with facilities carrying founded a non-profit research agency, now gressman Roybal’s work to protect the rights his name. President Clinton awarded Rep- called the Edward R. Roybal Institute for Ap- of those coming to America in search of a bet- resentative Roybal the Presidential Citizens plied Gerontology, at the California State Uni- ter life. He played a pivotal role in getting Con- Medal for ‘‘exemplary deeds of service for our versity—Los Angeles campus. gress to support funding initiatives for edu- Nation. These honors stand in constant re- In 1999, the Centers for Disease Control cational and medical services for immigrants, minder of the lives he touched through his (CDC) honored Rep. Roybal’s support for pub- and he authored the Bilingual Education Act of public service to California and the nation. lic health programs by naming its main cam- 1968—the first federal law of its kind. When Ed retired, he left us an outstanding pus in Atlanta in his honor and awarding him Congressman Roybal’s efforts to help those its Champion of Prevention Award. that society often overlooks did not end there. legacy when his daughter, LUCILLE ROYBAL-AL- Rep. Roybal was a tireless advocate for the During his extensive career in this chamber, LARD, was elected to represent a part of his less fortunate. He served his country with old Congressional district. She continues in he played a critical role in developing legisla- honor both in uniform and in this Congress. that tradition of public service today as a val- tion to improve the lives of the elderly. As the His contributions will be remembered and ued friend and colleague. My wife Annette and founder and chairman of the House Select celebrated; his death will be deeply mourned. I extend to her and all her family and friends Committee on Aging, he was committed to im- On behalf of Congress, I extend my deepest our most sincere sympathy. proving housing and health care for our na- sympathies to those he loved and those who tion’s seniors. I ask all of my colleagues to join me in re- loved him. He had a rich life and we can best In the 1980s, when the country knew little membering a true public servant, Edward Roy- honor him by striving to live up to his example about HIV and AIDS, Congressman Roybal bal, who served California and our nation with of how best to serve. was instrumental in securing funding for re- honor, helping to make a better place for all Mr. MENENDEZ. Mr. Speaker, I thank my search of this deadly disease. His hard work Americans. distinguished colleague and good friend from inspired the Centers for Disease Control to re- Mr. STARK. Mr. Speaker, I rise to honor the Texas for organizing this Special Order and name its main campus after him. life of former Representative Edward Roybal for yielding me this time. The first Mexican-American to represent a who passed away on October 24, 2005. He is Mr. Speaker, I rise today to pay honor to a district of California, Congressman Roybal survived by his wife, Lucille Beserra Roybal, visionary leader, a distinguished public serv- began his career in the House in 1962, joining and his three children, Rep. LUCILLE ROYBAL- ant, and a great American, the late gentleman Henry B. Gonza´lez as the second Hispanic ALLARD, Lillian Roybal-Rose an Edward Roy- from California, Edward Roybal. Though I serving in the chamber at that time. bal, Jr. never had the pleasure of serving with Con- But Congressman Roybal was not content Edward Ross Roybal was born on February gressman Roybal in the House, I hold him in being merely a shining star among Latinos. He 10, 1916 in Albuquerque, New Mexico and the highest regard, and I am grateful for the made it his personal mission to see that oth- then moved to the Boyle Heights area of Los opportunity to join my colleagues in paying ers would follow and served as a mentor to Angeles at an early age. tribute to this amazing man. numerous lawmakers and aspiring public serv- He began his political career as many of us Today, we mourn the loss of a truly inspiring ants. He went on to found the Congressional did—by losing his first run for office. In reac- individual, who spent his long career working Hispanic Caucus Institute and the National As- tion to that defeat, he founded the Los Ange- to improve the lives of the underprivileged and sociation of Latino Elected and Appointed Offi- les Community Service Organization (CSO) underrepresented. cials, both influential organizations that em- with the goal of mobilizing Los Angeles’s During his 30-year tenure in the House of power Latinos and encourage their participa- Mexican-Americans against discrimination in Representatives, Congressman Roybal served tion in politics. Today, thanks in part to CHCl’s housing, employment and education. with distinction and established himself as a work and NALEO’s advocacy, more than In 1949, following a groundswell of support powerful voice in the fight for social justice 6,000 Latinos serve in elected and appointed from minority communities, Mr. Roybal was and a trailblazer among Latino leaders. He offices. Within the halls of Congress, he elected to the L.A. City Council, the first His- rose from the ranks of local politics to become founded the Congressional Hispanic Caucus, panic to serve on the city council in more than one of the most powerful members of Con- which today boasts 21 members. a century. gress, eventually serving on the House Appro- Congressman Roybal helped pave the way In 1962, he was elected to the U.S. House priations Committee. for Latinos in politics, and all of us serving in of Representatives representing an LA District Though Congressman Roybal was not the Congress—myself included—owe part of our that changed several times during his 30-year most outspoken member of Congress, he was success to him. I know his daughter, Con- tenure in the House. known as a man of action. He worked dili- gresswoman LUCILLE ROYBAL-ALLARD, feels

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\A15NO7.053 H15NOPT1 H10206 CONGRESSIONAL RECORD — HOUSE November 15, 2005 blessed to have had such an inspiring figure tiveness of health and human service delivery In 1962, he was elected to Congress—the in her life, and I’m sure Congressman Roybal to older persons, now called the Edward R. first Hispanic from California to serve in Con- enjoyed seeing her continue his legacy in the Roybal Institute for Applied Gerontology at the gress since 1879. From that first campaign, House. California State University—Los Angeles cam- the support given him by his constituents was Once introduced as the ‘‘new Mexican coun- pus. unwavering. He never received less than 66 cilman who also speaks Mexican,’’ Congress- Here in the halls of Congress, his legacy percent in a general election. The three times man Roybal not only educated public officials continues. The Congressional Hispanic Cau- he was challenged in a primary, he won by about the Latino community, but created a cus that he founded is now 21 members more than 80 percent. lasting legacy in Los Angeles, where he has strong and poised for growth. His daughter, From his position as chairman of the Appro- more buildings named after him than almost our friend and colleague, Congresswoman LU- priation Committee’s Subcommittee on Treas- any other politician in the city. CILLE ROYBAL-ALLARD, carries on the family ury, Postal Service and General Government, Congressman Roybal received numerous tradition of service and great leadership. LU- he sought funding for Alzheimer’s victims, and honors, including two honorary doctor of law CILLE has earned the respect of Members of for Alzheimer’s disease research. degrees and the Presidential Citizens Medal of Congress on both sides of the aisle the same He introduced a medigap proposal, and had Honor. But it is not his awards that people will way her father did it during his many years of a universal health care bill. He promoted a remember. It is his dedication to serving his service in Washington. measure to offset a national nursing shortage district and the Nation. The best way we can honor Edward Roy- by providing funds to recruit and raise the sal- Edward Roybal was a man ahead of his bal’s memory is to continue the fight to im- aries of nurses. time, who saw beyond the limits society tried prove the quality of life for our community— He also took on the cause of mental health to impose. His vision for this country has em- young and old, immigrant and native born, treatment, passing provisions that expanded powered and improved the lives of many in English speakers and speakers of other lan- demonstration projects for rural mental health this Nation—and I would not be standing here guages. To the Roybal family, I offer my heart- care and establishing a national mental health in the midst of so many of my distinguished felt condolences and my pledge to continue education program. Latino colleagues if it hadn’t been for the work the fight. In 1985, he succeeded Representative of leaders like him. We are impressed by his Ms. MATSUI. Mr. Speaker, I rise today in Claude Pepper as chairman of the Select many accomplishments and truly grateful for tribute to the late California Congressman Ed Committee on Aging. The two of them worked his outstanding service. Roybal. long and hard to provide funding for long-term I would like to offer my sincere condolences Ed Roybal left this nation a rich legacy. He health care for the chronically ill. In the 101st was a civil rights and social justice champion. to his wife, Lucille, and to my dear colleague, Congress, he helped enact legislation that re- He was an advocate for those least likely to LUCILLE ROYBAL-ALLARD, and her entire family. versed a 1989 Supreme Court ruling allowing have a voice—the poor and the elderly. Ed May they take comfort in the proud legacy that age-based discrimination in employee bene- Roybal consistently fought to invest in people, Congressman Roybal left behind, and may fits. seeing the long-term benefit and future pay-off they find peace in knowing that his mission to As a founding member and the first chair- of this investment. man of the Congressional Hispanic Caucus, defend civil rights and empower Latinos will be But Ed Roybal also forged a path in politics Ed mounted strong opposition to the Simpson- taken up and continued by those of us here creating new opportunities for many Hispanics. Mazzoli immigration bill because it imposed today. Not only was Ed an inspiration to future gen- sanctions on U.S. employers who hired illegal Mr. HINOJOSA. Mr. Speaker, I rise to pay eration, he’ actively worked to encourage immigrants. He worked against this provision tribute to one of the most pre-eminent trail- many in the Hispanic community to explore a with such intensity that it had to be brought up blazers in the Hispanic community—the re- future in politics—personally serving as a cently departed former Congressman Edward mentor to a number of future elected officials. in three Congresses—two as Simpson-Mazzoli Roybal from the great State of California. While I did not serve with Ed Roybal, my and one as Simpson-Rodino—before it finally Recently, we celebrated the unveiling of the late husband did. Bob was honored to have won passage. I supported it, and learned in portrait of Romualdo Pacheco—the first His- served in the House of Representatives with the process, that he could be not only a good panic elected to this body from the State of him, as he greatly admired Ed. They shared a friend, but a worthy adversary. California. The man we honor today, Con- similar philosophy. Both chose not to allow After his retirement from Congress, Ed gressman Edward Roybal was the second discrimination in their youth define their role in maintained his interest in health care and pub- Hispanic Member of Congress, elected in life. Instead of condemning intolerance in this lic health programs and to this end, he found- 1962—over 80 years since Congressman nation, Ed Roybal, chose to serve and make ed the Edward R. Roybal Institute for Applied Pacheco served. it a better place. Gerontology at UCLA. The Centers for Dis- Congressman Roybal was a founding mem- To my friend and colleague, LUCILLE and the ease Control named its Atlanta campus after ber of the Congressional Hispanic Caucus. He entire Roybal family, please accept my deep- him and named him their ‘‘Champion of Pre- was also one of the founding members of the est condolences on your loss. vention’’—an honor reserved for individuals National Association of Latino Elected Officials Mr. BERMAN. Mr. Speaker, Edward Roybal who have made significant contributions to (NALEO) and the Congressional Hispanic was a man of dignity and determination. I had public health. He was also honored by Presi- Caucus Institute. He made sure that the voice the great pleasure of serving in Congress with dent Clinton with the highest civilian award in of the barrio was heard loud and clear in our him for 10 years. During that time, we worked the Nation—the Presidential Medal of Free- Nation’s capital. His example looms large over very closely on immigration issues and on dom— for his ‘‘exemplary deeds of service for all of the work we do today. many matters affecting Los Angeles and Cali- our Nation.’’ Congressman Roybal wrote the first bilin- fornia. He was not only a colleague, but my No award meant more to him than the affec- gual education law. He was a tireless cham- mentor and my friend. tion and respect of his family. He was enor- pion for children and families whose first lan- Ed served his country in the Army during mously proud of his three children, LUCILLE, guage was not English. He made a personal WorId War II and returned to serve it as one Lillian and Edward, Jr.—and I am certain that commitment to ensuring that language was no of America’s political trailblazers. he was greatly pleased that his oldest daugh- barrier to education, health services, voting Beginning with his first election to the Los ter followed him into public service and into rights, our court rooms and other areas vital to Angeles City Council in 1949, Ed’s distin- this great body, where U.S. Representative the community. guished career in politics spanned more than LUCILLE ROYBAL-ALLARD serves with dedication He was a champion for elderly Americans. six decades. He was the first Hispanic elected and distinction and where she is one of my fa- He served on the Select Committee on Aging to the Council since 1881 and he served there vorite colleagues. and fiercely protected programs such as for four terms. It would take 23 additional I am privileged today to tell you of my enor- Meals on Wheels. years before another Mexican American took mous regard and high esteem for Edward R. As we prepare for the reauthorization of the a seat on the City Council. Roybal—a mentor for a whole generation of Older Americans Act, his handiwork is evident, Although ‘‘just’’ a city official, Ed was a vo- Hispanic community leaders, a prominent na- and his spirit lives on. ciferous critic of the excesses of the House tional advocate for the elderly and the infirm, After leaving Congress, he found new Un-American Activities Committee—and Jew- and a great champion for civil rights and social venues for his advocacy. In 1993, former Rep- ish leaders in Los Angeles well remember how justice. resentative Roybal used his leftover campaign he stepped forward in the early 1950s to wel- Mr. WAXMAN. Mr. Speaker, I rise to pay funds to found a non-profit research agency come the prime minister of Israel to the City tribute to the life of my former colleague, Ed- dedicated to improving the quality and effec- of Angels. ward Ross Roybal.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\A15NO7.054 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10207 Ed Roybal lived an extraordinary life. As a levels. He was a charming and gentle mentor. called the Congressional Hispanic Caucus In- young man growing up during the Great De- Paying tribute to Ed Roybal is to remember stitute, whose main purpose was: ‘‘each one, pression, he joined the Civilian Conservation that to see the future, you must stand on the teach one.’’ Corps. Later he served his country in World shoulders of a giant. And this Hispanic pioneer CHCI, the Institute, was created to bring War II. had giant shoulders on which we all stand young people to Capitol Hill each year, put He made his jump into politics—and into today. them in congressional offices to learn and un- history—in 1949. Ed was elected to the Los When Ed came to Congress in 1963, he derstand the dynamics of our government, Angeles City Council, becoming the Council’s was nearly alone as a Hispanic member of then send them back to their communities with first Hispanic Member in over 100 years. After Congress. He faced quite a quandary: While more savvy about affecting change at the na- 13 years of distinguished service to Los Ange- he represented a Los Angeles area district, he tional level. In the early 1980s after my service les, Ed was elected to the House of Rep- carried the hopes and dreams of a growing in Congress began, Ed pointed out that we resentatives. segment of the population that lived all over were wasting precious resources on rent for From 1963 to 1993, Ed Roybal served this the Nation. the Institute on Capitol Hill and insisted that House—and his constituents—with distinction. When he left Congress in early 1993, he we buy a building. He told us this was literally He was a quiet power on the Appropriations saw not only his beloved daughter win a seat an investment in our children’s future, and in Committee and used his enormous influence in Congress—he witnessed yet another growth the future of the Hispanic community. As al- to help those who needed help the most. He spurt of the number of Hispanic members sit- ways, he was right. worked tirelessly for funding health and civil ting in Congress. That year our Caucus grew While Ed was a quiet man, he had an un- rights programs and spearheaded efforts to re- to 20 members, quadrupling the membership wavering commitment to the principles of jus- store funding for programs benefiting the na- just over a decade earlier when Ed founded tice and compassion and to the poor, the el- tion’s elderly population. He was ultimately the CHC. derly and the disenfranchised. He had an successful in preserving the widely used Ed knew that he and his Hispanic col- enormous heart, a quick wit, and was among Meals on Wheels program. leagues: Herman Badillo, Kika de la Garza, the smartest members I ever served with. I In 1976, Ed was one of the founding mem- Henry Gonzalez, and Baltasar Corrada del Rio was always fascinated by his stories of his bers of the Congressional Hispanic Caucus represented disjointed districts and the inter- early days in the 1960s when the population and served as its first chair. He was also one ests of the national Hispanic community. It of Hispanic members of Congress could be of the founding members of the National Asso- was Ed’s leadership in this group that led to counted on one hand. Many of his stories re- ciation of Latino Elected Officials, NALEO, as the creation of the Congressional Hispanic minded me of experiences many of us well as the Congressional Hispanic Caucus In- Caucus in 1976. shared—how other members of Congress stitute. When he talked about the formation of the were surprised that he spoke English fluently, After deciding not to run for re-election in CHC, he talked about the use of other His- with exceptional diction how people didn’t 1992, Ed’s daughter, LUCILLE ROYBAL-ALLARD panic members as a ‘‘force multiplier’’—or the think he was Mexican because he didn’t have was elected to Congress to carry on Ed’s es- philosophy that more people working together a long mustache or wear a sombrero. sential work. created more opportunities and more informa- Ed Roybal’s legacy simply cannot be meas- His service to his community did not end tion for the larger national community. In the ured but it can be found in policies he cham- when he left public office. In 1993, Ed estab- beginning, there were just the five members pioned, in the organizations he created to fur- lished a non-profit research organization com- and they all sat on various committees. Ed ther the cause of Hispanic Americans, in the mitted to efficient health and human service knew if there was a central organization for thousands of young lives he touched and influ- delivery to the elderly. The center is now the sitting members, it would be easier for all enced during the course of his amazing public known as the Edward R. Roybal Institute for of them to know what was coming in the var- service and in the service of his daughter who Applied Gerontology. In 2001, Ed Roybal re- ious committees. went on to follow in his footsteps in Congress. ceived the Presidential Citizens Medal from In Washington, information is power. Ed un- Mr. LANTOS. Mr. Speaker, at the recent President Clinton. And in 2004, the Mexican- derstood that and through the CHC the His- memorial service for our former colleague the American Political Association honored him as panics in Congress shared information in a Honorable Edward Roybal of California, whom a ‘‘Latino Legend of the 20th Century.’’ regular, organized way. we remember tonight, my distinguished friend He was an extraordinary visionary. Just as Ed Roybal will always be remembered as a the Honorable DAVID DREIER delivered a mov- he organized the Hispanic members of Con- dedicated community activist and a devoted ing eulogy. The remarks that I will submit for gress to maximize our numbers to serve the public servant who always made the needs of the CONGRESSIONAL RECORD include Mr. larger Hispanic population—Ed also carried those he served paramount. His life and work DREIER’s recollections of the powerful influ- that vision beyond Capitol Hill. ence that our friend Mr. Roybal had on this will continue to serve as an example to us all. He helped create the National Association I was proud to have served in the House with House. It is in that same bipartisan spirit that of Latino Elected Officials, NALEO, which con- I compliment my colleague, Mr. DREIER, for his him and I consider him a friend and mentor. nects the Hispanic office holders around the Mr. ORTIZ. Mr. Speaker, today we mourn comments. Mr. Speaker, I ask unanimous con- Nation. the loss of a 20th Century American giant, sent that the remarks of Mr. DREIER be in- Visiting Ed’s Capitol Hill office was to take cluded in the CONGRESSIONAL RECORD. Congressman Edward Roybal. When I got to a walk through the important events of the STATEMENT OF THE HONORABLE DAVID DREIER HON- Congress so many years ago, there were not 20th Century. many people in Washington that I could iden- ORING FORMER CONGRESSMAN ED ROYBAL, NOVEM- There were pictures of Ed with President BER 15, 2005 tify with or look up to as a role model. There Kennedy, with President Johnson, with Cesar were just a few Hispanics in Congress when Mr. Speaker, recently, our nation lost two Chavez, and with dozens of other bigger-than- icons in the battle for equal rights. Twenty- I arrived there. Nobody stood taller than Ed life people. His office seemed almost like a liv- five years before Rosa Parks refused to give Roybal in my eyes. He was already a legend ing museum. up her seat on that bus in Montgomery, Ala- in Congress and Los Angeles. He loved his wife very much. They were a bama, a young Ed Roybal was in the van- Lord knows we were different—he was a beautiful couple. They were always together guard of the struggle for equality here in Los businessman from California, I was a sheriff and he was so attentive. Angeles. from Texas. But we were more the same for He was forever explaining to the younger Speeches are given in Congress every day. our backgrounds in families that came from Mr. Roybal’s account of his fight for justice members: the issues are large and complex, was one of the most memorable speeches I’ve modest means. We both represented a large and our population is growing, be smart. He ever heard. number of low income people. was enormously respected on both sides of He told a packed House chamber that the We met in 1976—the year the Congres- the aisle and that may have been the legacy Evergreen swimming pool in Boyle Heights sional Hispanic Caucus, or CHC—was found- he will be remembered for by those of us who was a favorite neighborhood hangout where ed. Even then he was organizing the nation’s labor on Capitol Hill. fun was had by all. There was just one prob- elected Hispanic officials; and as a County Ed never believed the other party was bad lem. They would only allow Mexican Ameri- Commissioner in Texas, I was invited to a or evil; he knew we were all Americans, and cans to swim the day before the pool was to conference on Hispanic matters. be cleaned. Still a teenager, Ed Roybal led we all wanted the best for our Nation. the effort to overturn that abhorrent policy. My first impression was what a gentleman He brought his considerable business sense Without bitterness or anger but with re- he was, and how smart and well-organized. to our cause. solve he spent the rest of his life confronting He seemed to know everybody and know ev- Realizing that our future was literally ours to the Evergreen pools that pervade our culture erything about the organs of government at all shape, Ed founded, in 1978, a non-profit and laws.

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\A15NO7.048 H15NOPT1 H10208 CONGRESSIONAL RECORD — HOUSE November 15, 2005 The Times called him, ‘‘a mentor to scores quite the emphasis then on prescrip- I want to spend most of my time then of lawmakers.’’ I hope this doesn’t upset tion drug treatment. We had some good talking about this aspect of the Medi- anyone but he had at least one Republican prescriptions but not nearly what is care Modernization Act of 2003. There protege who has been inspired by his exam- available to our public and our seniors are other things that I think are going ple. Mr. Roybal was a giant in public service. A gracious man, who through his conscience today; and there was much more em- to be tremendously helpful. and his actions was one of the great leaders phasis on trying to get hospital care I will mention just briefly, Mr. of this city and our nation. and needed surgery, emergency room Speaker, the fact that with this change I have served in Congress for twenty-five care, indeed long-term care, skilled in the law, for the first time a senior years. It has been an honor to be a colleague nursing home care for people who had, can actually go to his or her internist of Mr. Roybal’s for half that time and a col- as an example, suffered a stroke. or family practitioner, we call them league of Lucille’s for the other half. There So this was all very, very important primary care specialist, and get a com- is no greater tribute to his legacy than the in the program; and I know my col- plete, thorough physical examination dedication of his daughter to the very same when they turn 65, if you want to call ideals and beliefs that guided him. leagues on both sides of the aisle would agree with me it has been a great suc- it an entry-level physical examination. Ms. ZOE LOFGREN of California. Mr. cess. There was some concern, though, In the past, that was not paid for, and Speaker, it is with a heavy heart at the I remember this much about it as I was a lot of these diseases that I have al- loss but pride for the service of Con- working as a scrub technician during ready spoken of in their earlier stages gressman Ed Roybal that we yield back the summertime hearing the doctors at have no symptoms at all, and people the balance of our time. the scrub sink before they went into really do not know, but with this new f surgery, talking about this new law program, they get an opportunity to go MEDICARE PRESCRIPTION PART D that was going into effect, this Medi- have that physical exam. DRUG PLAN care bill. There was some naysayers, no Also included in the modernization question about it, and some were down- piece is the coverage for a lot of The SPEAKER pro tempore (Mr. right opposed to it. But so many sen- screening tests that were not included DAVIS of Kentucky). Under the Speak- iors were living in poverty and not get- in the original Medicare. I am talking er’s announced policy of January 4, ting needed health care, and it at that about things like mammograms, 2005, the gentleman from Georgia (Mr. time was a Godsend for them. screening for breast cancer obviously; GINGREY) is recognized for 60 minutes Mr. Speaker, I will say this. I think colonoscopies, screening for colon can- as the designee of the majority leader. today, starting today, November 15, cer; PSA blood testing, screening for Mr. GINGREY. Mr. Speaker, I have 2005, some 40 years later another God- prostate cancer. I am talking about an hour as the designee to talk about send is coming to our seniors, brought checking blood sugar. I am talking the subject that I want to bring to my to them by this Congress and this about getting a cholesterol level to see colleagues, but I think I need to take President, this administration, and if the patient needs to be on one of at least a few seconds of my time from that is the Medicare part D prescrip- these statin drugs that do such a great this side of the aisle to express my and tion drug coverage. It is especially a job of hopefully preventing heart at- our heartfelt sympathies to our col- Godsend for those seniors who are liv- tacks. league, the gentlewoman from Cali- ing at or near the Federal poverty All of this is now available to our fornia (Ms. ROYBAL-ALLARD), on the level, and I say that because heretofore seniors. I am not going to spend a lot death of her father. they have not been able to afford pre- of time, as I say, Mr. Speaker, on that I spent the last 15 minutes listening scription drugs. aspect of the bill because I really do to their special hour and learning They go to their doctor and get want to spend most of the hour talking about that great, great American who maybe a handful of prescriptions be- about the prescription drug part be- represented the State of California so cause many of our seniors who are liv- cause it is so important. well in this body for 30 years; and I ing just off of a Social Security check I have got a few posters here, and we want to express my sympathy to my are the very ones that have what are will be referring to them from time to colleague from California. called co-morbidities, more than one time. I also have some of my col- Mr. Speaker, today, November 15, is a disease, maybe high blood pressure, leagues that have worked so hard and historic day and not just because it is heart disease and diabetes; and they been so supportive of this legislation my wife Billie’s birthday, which it is. need to take four or five or maybe six and are working hard in their districts Happy birthday, honey. But really the prescriptions a day. They are the very as we roll out this program. As they go historic aspect of today is the roll-out ones who cannot afford it, not that home, usually we get back into the dis- and the sign-up today for the first of a they do not want to. They want to take trict on Thursday or Friday morning, 6-month window of opportunity for our care of themselves, but they also want and I know a lot of our colleagues on seniors to voluntarily sign up for the to eat, and they want to have a roof both sides of the aisle are holding town Medicare part D prescription drug plan over their head, and they have to pay hall meetings and trying to explain to which this Congress made available to their utility bills, so this program is so the seniors and assure them that al- them in December of 2003. So indeed, necessary for them. though this is somewhat complicated, Mr. Speaker, today, November 15, is in- In the past, Mr. Speaker, what has there are people there to help them deed a historic day. been happening is they would put off through the process and encouraging I have seen clips of the original sign- taking care of themselves because they them, especially the low-income indi- ing of the Medicare legislation back in have could not afford the prescriptions. viduals that I spoke of, to sign up and 1965 when President Lyndon Baines Then, when some catastrophe would sign up early. Johnson signed that bill into law. Ac- occur, they would finally get care, They do have 6 months to do it. It tually, the very first person to sign up whether it was in the emergency room starts November 15, today, and goes for the other voluntary part of Medi- because their high blood pressure led to until May 15 of 2006. They have that care, the part B which is applicable to a stroke or whether it was on the oper- window of opportunity; but it would be the physician care and outpatient test- ating table because their blood sugar, a real mistake, particularly for our ing, not the hospital part but the vol- their diabetes was out of control and low-income seniors, not to get signed untary part, the first individual to sign led to a limb becoming gangrenous and up before the end of the year because up for that was former President Harry needed an amputation or maybe even the program really starts, Mr. Speaker, Truman, that being 40 years ago. because of high cholesterol they would and I know my colleagues are aware of Here we are now finally, Mr. Speaker, have to have open heart surgery. this, it starts on January 1. So if they after all of these years, offering some- wait till the last minute into May of thing that was left out of that original b 2130 2006, they will have actually missed 5 program, I guess for a fairly good rea- We have finally begun this prescrip- months of opportunity, in many in- son. Maybe back then, I was a fresh- tion drug part D sign-up as of today, stances, to get their prescription drugs man in medical school, I barely knew and that is what makes November 15, with hardly any cost, and I will repeat who was happening, but there was not 2005, so historic. that, with hardly any cost except

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.051 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10209 maybe $1 if their medication is a ge- and surgery because it is a very good good advice and good counsel on how neric drug and $3 to $5 if it is a brand- deal. we need to make health care available, name prescription drug. We will talk a little bit later about because the health of our Nation is So I will have a number of my col- what percentage of seniors we think very important to the gentleman from leagues joining me, and we will be call- will want to sign up for the Medicare Georgia (Mr. GINGREY) and all Members ing on them in just a few minutes. I part D, the prescription drug part; but of this House on both sides of the aisle. want them to take as much time as it will be a substantial number. We are We battle and toil with how exactly we they would like to talk about what estimating that the monthly premiums are going to address health care issues. they are doing in their districts, how for that monthly benefit will be about I really wanted to start and come they feel about this program, what sort $25 on average, some plans less, some down here and share with the gen- plans more, depending on what the cov- of feedback they are getting from their tleman from Georgia (Mr. GINGREY) an seniors, and then maybe we will engage erage is. absolutely true event that happened to All Medicare-approved plans cover also in a little bit of colloquy. me personally; I guess by now it is both prescription and generic drugs, Let me call my colleagues’ attention probably almost 2 years ago or maybe and they are accepted at local phar- to this first slide, which I think begins even better. It was right after I was macies. That is very important because to tell the story: ‘‘Helping seniors get blessed to join this august body. the medicine they need to stay well.’’ people want to know if they can continue to go to that corner druggist. In I was back home in my district, and That is what it is all about. It is not an I was back at my pharmacy, that I am emphasis on episodic treatment and no way am I suggesting that the chains, the Eckerds, the Walgreens, the not going to advertise for, but where I maybe trying to catch the horse after regularly buy my prescription drugs. I the barn door has been left open when CVSs that do such a great job, are not a wonderful place to go and get pre- was standing in line for my turn to get some catastrophe occurs. It is so much prescription drugs, and I am sure peo- more difficult, rather, to get the medi- scriptions filled. They are. Many of our seniors will choose that type of loca- ple have told this story that I never cine they need to stay well. I do not had actually experienced, a story like think we can really emphasize that too tion, but others who have a pharmacist friend that they have known for many this, until I heard the story. much. There was a lady that was at that Now, Medicare helps seniors prevent years, they call them doctor and go to time being waited on by the phar- disease in addition to treating it. I said church with them, a lot of times they macist there at the counter and get- at the outset, in 1965, all of the empha- are able to charge their prescriptions ting her prescription drugs, and they sis was on treating it, and that was and pay a little bit along, the kind of brought them to her. She was getting good, but not the 21st century medi- service that only a small corner drug- two prescriptions as I recall, one for cine. We need to emphasize the preven- gist can give. That is very important herself and one for her husband. I do tion of disease. that they know that they will be able Medicare part D, it is important that to continue as part of this program to not know how old this lady was, but our seniors know that this option, pre- be serviced by those great pharmacists she was clearly on Social Security be- scription drug coverage, really is for that we call corner druggists. cause she said so. This was when we all seniors. It is not just the low-in- Mr. Speaker, before I call on my col- were still working on trying to come league, the gentleman from Texas (Mr. come. I mentioned them, and we will up with a prescription drug benefit CARTER), for his remarks, I want to talk about throughout the hour, but no that would help our senior citizens. just present one more poster; and, matter what a person’s income, if they She asked the pharmacist how much again, I do not think we can emphasize are a Medicare recipient, either be- the two prescriptions were going to be. this too much, that is, this issue of the cause they are 65 years old, and that is The price was very expensive for both dates; and I have already mentioned probably 36 or 37 million in this coun- of the drugs that she was going to have several times that today is the starting try, or because of a disability at a to pay, and between the two drugs, it date, November 15, for enrollment. This younger age, and there are probably 6 was going to add up to, as I recall, over little icon, if you will, shows an hour- million or 7 million of our citizens who $500 for these prescriptions. She told glass, and that means that starting are on Medicare because of a disability, the pharmacist, well, I cannot get today the sands of time, that 6 months, these two prescriptions and continue to but all of them, no matter what their is ticking away. Of course, the pro- income level, they are eligible for feed my husband and me on what we gram, if you get signed up right away, have to live on; I am just not going to Medicare part D. you reap the benefits starting January As I point out in this next slide, it is be able to do it. Would it be possible 1. Then if you sign up before May 15, a voluntary program. Seniors must that I could get half of the prescrip- that 6-month window, then you incur tion? choose to enroll. They will be getting no penalties; but after that, there are lots of information and have gotten The pharmacist said, well, ma’am, some penalties for signing up late. the one for you was obviously for some- lots of information, whether it is pub- Again, I am sure some of my colleagues lic service announcements on tele- thing that had come upon her. The will talk about that. other was an ongoing prescription for vision or mail pieces that have come At this time, I am very happy to see her husband, the way I understood it. from CMS, the Committee on Medicare the gentleman from Texas (Mr. He said, your doctor has a reason he and Medicaid Services, information CARTER) with me again to share one of maybe they obtained from a senior cen- these hours on health care issues. The wants you to have this whole prescrip- ter, from their physician’s office or, in- judge knows a lot about legal issues tion. It may have been an antibiotic or deed, from their Member of Congress’ and the judiciary, but he also knows a something like that. I am not in the office, either in Washington or in the lot about health care. So I am honored medical profession, but the pharmacist district, but they do have to make that at this time to yield to the gentleman clearly said you need to take all of this prescription; you just cannot take half. decision. It cannot and will not be from Texas (Mr. CARTER). made for them. Mr. CARTER. Mr. Speaker, I thank Well, she said, ma’am, I just cannot There are going to be many plans. my colleague, the gentleman from spend that kind of money and take Seniors will have a choice of plans. We Georgia (Mr. GINGREY), my good friend, care of my family. estimate that the monthly premium, for yielding to me; and I actually came When you heard that, when you actu- and it is premium-based just like Medi- down here because, Mr. Speaker, the ally heard that from a human being, care part B, Mr. Speaker, is a pre- gentleman from Georgia (Mr. GINGREY) you said to yourself, we have got to do mium-based and an optional program. is probably one of the people that has something to get some relief for people By the way, I would guess that I am ac- dedicated more time and effort to the like this lady that was standing there. curate in saying that 98 percent, maybe health care issues that affect the I was two people back from her in line, more, of seniors have chosen and will American public than any other Mem- and what I heard that day from that continue to choose to enroll in that ber of this Congress. lady touched my heart to where I real- premium-based part B that covers the On many occasions, he has educated ly felt like I had seen the crisis first- doctor’s expense and outpatient testing me on health care issues and given me hand.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.087 H15NOPT1 H10210 CONGRESSIONAL RECORD — HOUSE November 15, 2005 b 2145 let a little fear or a new world attitude hours a day, 7 days a week at 1–800– We have now put together Medicare that you do not understand keep you Medicare. part D, as my colleague from Georgia from getting signed up for a benefit. They have got a Web site, and I am has been explaining and will be able to Because this is going to be able to as- reading from Congressman GINGREY’s explain in far better detail than I can sist all Americans in their health care sign, www.Medicare.gov, for those as to what the benefits are for this, but needs, and it is especially going to be high-tech seniors, who are probably we have now got a solution for that of great assistance to those people who better at that than I am, to get out lady who was standing in line, and it is are in the lower economic sector of our there and do this on-line. There is a lot now time for people to start going out country. In most instances, those peo- of help available. and getting signed up for Medicare part ple who make, I think, $11,500 as an in- I hope that that lady who was stand- D. That is why I wanted to come join dividual and $22,000 as a couple, they ing in line in front of me in the drug- my colleague tonight in the hopes that are basically not going to have hardly store in Round Rock, Texas, I hope she people in my district and people across any Medicare costs for drugs. So it is hears, by accident or whatever, chan- this entire country will hear our mes- important that you not let the fear of nel surfing, and tunes into this show sage that the time is here. We have ar- a new program or something you might tonight and will say ‘‘I had better go rived at the time when they need to go have seen on television or some polit- do that.’’ down and register to get involved in ical rhetoric that was in some cam- I think our colleagues on both sides Medicare part D. And benefits will ac- paign somewhere that got you con- of the aisle are going to be out in our tually start, as Mr. GINGREY has ex- cerned that you would not be able to districts talking to people and saying plained, in January of 2006. understand what the program is about do not let something new keep you Now, I have traveled my district and to keep you from getting what you away. Get out there and get involved I hold town hall meetings, and a lot of need so that you never have to be like and get signed up. our senior citizens are concerned that lady who stood in line in front of Mr. GINGREY. Mr. Speaker, reclaim- about, well, this seems so complicated, me and have to make a decision as to ing my time, I thank the gentleman I do not know whom to turn to. And we whether you took your medicine. from Texas for being with me. I appre- are here to let the people know this is Does my colleague know what was ciate his comments tonight. I welcome important to them and their loved really loving about that story? There him to, if possible, to stay around and ones. There are people there to assist was no question she was going to buy maybe we can get involved in a col- them. her husband’s medicine. She never even loquy or I can respond to his questions I would ask the families of those blinked on that. She was saying, I will and yield to him. Medicare recipients that need help, give up so we can live our life here Mr. Speaker, the thing that he point- sometimes as we grow into our later what I need, but of course there is no ed out, that little anecdote, true story, years, little things become big things question I am buying the medicine for about that little lady in Round Rock, to folks like my parents, who now are my husband. that is why it is so important. I appre- deceased, but I can remember when That kind of love permeates Amer- ciate Judge Carter mentioning that, they become big things for them as we ican society, and I think we have a because this is real, and the emphasis grow older. And I would hope that the duty to our loved ones who are eligible that he put in his remarks on how im- families of these people along with for Medicare to help them and encour- portant it is to get signed up is real. these folks will encourage them to go age them to go get signed up for this. Thanksgiving is going to be upon us look into getting registered, getting Because Americans do care about their pretty soon. I think I am correct in set up in a plan. elderly. Americans do care about those saying a week from Thursday. And There are multiple plans that are of- senior citizens who have given all that what comes the day after? Well, I call fered. There are people there to help they had for us today. It is time for us it ‘‘black Friday,’’ Mr. Speaker. That is them understand those plans. There to give them the benefits that they that big shopping day, the first day of are people to tell them what fits their need so they do not ever have to have the Christmas season when everybody life, their life-style, where they come the kind of experience that that sweet hits the malls. I think that would be a from, and I would hope not only those lady did who was standing in front of great day for families, children, grand- people who are going to be eligible for me at the drugstore. children to sit down with their grand- the program but those people who have That is why I came down here to- parents, children to sit down with their folks in their family that will be eligi- night, to join Congressman GINGREY parents and help them. That would be ble for the program will encourage and speak directly to the American a wonderful day. It would save money them to go down and talk to folks, get people and say, get out there and help, as well, probably. The retailers may the help, get signed up. get out there and get yourself reg- not like me very much, Mr. Speaker, It is not as complicated as people istered, or get somebody to help you for mentioning that, but that would be think it is. There is a lot of fear that is get registered, because these benefits a great day to just sit down and say, unwarranted fear of this program. It are important. There are occasions now look, I am pretty good at the com- happens on everything we do. When we where people say, right now, prescrip- puter, Mom, Dad, and let us go on-line, deal with the government in many tion drug benefits do not mean much to let us get on www.Medicare.gov. areas in our lives, dealing with the gov- me. One never knows what is right If I tried to do that, that computer ernment is a frightening thing, dealing down the road, and it is important that would start smoking, and everybody in with plans and paperwork. This is cut people get registered now and have my office knows that. Anytime I need down to where it is not going to be that those benefits available. Because in the to do anything on the computer, they hard to understand the plans. month of May, they may come down have to hold my hand. So I understand There are people there to look at with something where they have got a the need and the fear of computers. But what people’s circumstances are and permanent situation where for the rest really for the younger people espe- tell them and show them which plans of their life they are going to be taking cially, it is a challenge. It is pretty offer them the best options. Every medicine, and if they had not gotten easy for them. They have learned it in State except Alaska has a State plan, registered, then they would be in a high school and college, and some of as I recall. There are regional plans, scramble trying to get registered. So it them even work in the industry. So and there are 10 nationwide plans that is important to look at it now. help is readily available, as Judge are available. There are multiple op- Mr. Speaker, one of the things that I Carter said; and it is not that difficult. tions that they can talk to them about. think is most important as we sit here I called this morning. I think it was People can talk to their pharmacists. this evening is to encourage our sen- about 8:30, and I decided I was just Medicare has people that will help iors and their families to assist our going to call 1–800–Medicare just to see them. seniors to get out and learn about the how long it took to get somebody on Call that number, 1–800–Medicare, program and get signed up. Getting the telephone. Mr. Speaker, I had a re- and they will explain how to sign up. It signed up is what it is all about. sponse in about 3 minutes. The first is so important to your family. Do not Trained professionals are available 24 time I dialed, I got a busy signal, and

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.089 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10211 so I immediately, within a matter of had the courage to do that myself, but not scheduled to look like an entitle- seconds, dialed again and got right I do go on the Internet, and we can go ment, because it is not. It is insurance through and began the process. into the plan selector part on coverage for seniors who need help Now I am not quite 65, and I did not www.Medicare.gov. They do ask for with paying for their prescription have a card and a number, so at some their Medicare number, but if they drugs. point I had to quit. I had to hang up. It scroll down that page just a little bit, Mr. Speaker, I would just stress as a was a bogus call. But I was very im- they can actually fill out the plan find- last point that when people evaluate pressed. er information without giving up any these plans for their families or for Of course, CMS has hired and trained, information, if they just want to check themselves, that they look at cost, and that is very important, not just and see what is available. coverage, and they look at conven- hired but trained probably by a factor I have done this for Texas. We have ience. Many of the plans cost less than of four the number of employees that got in excess of 40 plans available to what Medicare has proposed. they normally have responding to seniors in the Lone Star State, and The coverage part is important. You these calls. So, as Judge CARTER said, they are good plans. Some of them want to be certain that you pick a plan that information, that help is there, come in with less of a premium and that covers the medicines that you are whether it is by the telephone or on less of a deductible than what Medicare actually taking. Talk it over with your the Web site, and we will get into the proposes. In fact, I have seen premiums doctor. If your doctor is watching a specifics of how a senior prepares as low as $10 and $20, and I have seen problem like a mildly elevated blood themselves for this process. There is some programs with a zero dollar de- pressure, be sure that those medica- something called worksheets that are ductible. tions would likely be covered. Every available through CMS. Those are eas- A lot has been made about the so- plan lists on the Web site how many of ily obtained, and people just kind of go called gap in coverage that occurs at the top 100 prescriptions covered by through that worksheet. We will talk some levels. And do remember, Mr. Medicare that particular plan covers. about it a little later in the hour, so Speaker, we passed this legislation 2 Most are in the high-90 range. I have that when those questions come up, years ago, and what were we trying to not seen one less than 82 or 83 of the and, again, they are not difficult, they do? We knew we could not cover every top 100 prescriptions covered by Medi- know the answers, and we can help last single person in this country, so care. But check out the coverage. Finally, convenience. They will pro- them through the process. we wanted to provide the greatest vide a pharmacy that is close by. If Mr. Speaker, I see that we have been amount of coverage to those who were your neighborhood pharmacy is the one joined by another of our colleagues and the poorest and those who were the you want to use because they have a not just any colleague because this is sickest, and I think we did a good job delivery boy you like, use that tool to my good friend and fellow physician, in accomplishing that. But it does help you decide which one of those indeed a fellow OB–GYN physician who leave a gap in coverage, or at least the pharmacies you want to use. There is came in in the 108th Congress with Medicare proposal, the proposal for the also mail order. Judge CARTER and me, the gentleman Medicare prescription drug plan, was to There is a lot of flexibility in these from Texas. leave a gap. But, actually, there are plans. Yes, it is complicated. Health So I yield to the gentleman from some plans in Texas where, if they are care is complicated in the 21st century. Texas (Mr. BURGESS) to give us a little willing to accept generics, there is, in These are not easy decisions. Yet at of his insight into this program and fact, no gap in coverage. So there is the same time, Tom Brokaw called you what he is doing in his district. complete coverage from the first dollar the Greatest Generation. You beat the Mr. BURGESS. Mr. Speaker, I thank spent up and to the so-called cata- Nazis, solved the problems of the Great the gentleman for yielding to me, and strophic ranges. Depression, and solved a lot of the I thank him for once again bringing I have had some people complain problems related to civil rights. Sen- this subject to the floor of the House. about the time frame that is available iors can solve these problems as well. It is a timely subject. Here we are to sign up for this program. It starts This program will become stream- celebrating Medicare’s 40th birthday; today, and for the next 6 months people lined over time. I am happy about and, Mr. Speaker, as the Members will can sign up for any of the Medicare-eli- things like disease management and recall, 2 years and 1 week ago we actu- gible programs. Those who have not physicals that will be offered now. It is ally passed this legislation, on Novem- signed up by May 15, right now Medi- good legislation. Mr. Speaker, it is ber 22 of 2003, which now has become care is proposing a 1 percent penalty good medicine. the Medicare Modernization Act and per month. That will be 32 cents pen- Mr. GINGREY. Mr. Speaker, one with it the prescription drug plan. alty the first month of June of 2006, thing that the gentleman from Texas Mr. Speaker, I have been doing town and it will continue at a 1 percent per (Mr. BURGESS) mentioned was the fact hall events and informational month increase thereafter. that if a senior is interested in a mail groupings throughout my district, and b 2200 order opportunity, then as they go my district is pretty diverse. I have through that list, the litany of compa- been very fortunate. I have had some- But realistically, this should be nies that provide a benefit, they may one there from CMS with me, and to- thought of as insurance and not an en- want to choose one that would allow gether I think we have been able to an- titlement. That is what I have tried to them to get their drugs in a mail-order swer a lot of the questions that come explain to my constituents when they fashion. So that option is available. up. I do not want to get ahead of the say they do not like the idea that you I had mentioned earlier in the program that Dr. GINGREY has proposed are forcing me to sign up. It is a vol- evening talking about the worksheet for this evening, but the concept of the untary program. If you decide it is not and what a senior would need to have if worksheet, the concept of prearranging for you, you are absolutely free not to they are dialing the 1–800 Medicare some of the information in an orga- sign up. number or dialing the Web site with or nized fashion, is a critical one. It is so But when I was a physician and I of- without assistance at important because we are coming up on fered health insurance to my employ- www.Medicare.gov, or coming to one of a time of year of celebration of holi- ees, they would be expected to pay a the congressional offices to get help, days, Thanksgiving and Christmas hol- small part of it. If they chose not to they need that work sheet and that iday, when families are going to be to- pay that part, they could opt not to work sheet should include and should gether. It is a great opportunity for take the insurance. But they could not already be filled out. them to talk, after they have had all just wait until they got sick and then Again, it is information that the sen- the football and turkey that they can say, I would like to sign up for the in- iors know. First and foremost, it handle, to sit down and talk about surance. Otherwise, it would not be fair should include a list of the prescription what are the changes that are coming to the rest of the people who have been drugs that you are currently taking, up in this Medicare program. paying their premiums all along. The including the dosage, the milligram, The gentleman alluded to calling 1– program is structured to look like the strength, if you will, and how often 800–Medicare. I must admit I have not commercial insurance. It is on purpose you are taking those drugs.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.090 H15NOPT1 H10212 CONGRESSIONAL RECORD — HOUSE November 15, 2005 Secondly, information about any pre- sure what sort of medical condition Mr. BURGESS. That is correct, and scription drug coverage you currently this is, and perhaps you can diagnose that information is listed on the Web have, be it employer or union-spon- based upon the medications alone, but site. sored or a Medigap policy. Or maybe I am just interested in your comments Mr. MURPHY. And the reason a per- you are a veteran and have TRICARE on this because it becomes a matter, it son wants to compare different plans is for Life, or possibly you are retired is one of the reasons when somebody to make sure that not only their drug State or Federal employee and you calls and says how much is my dis- is covered, but different plans may have coverage that includes a prescrip- count going to be, it gets complex. In have different costs for those indi- tion drug benefit. You need to have each case, you have to look at the individual drugs. So the person can actu- that information so we can put that vidual’s prescriptions. ally shop around on the Internet or on into the formula and help you decide I wonder if my physician friends here the phone. whether you want to continue with can tell just what this tells them and Mr. BURGESS. That is correct. The that program or opt for the Medicare why it is a matter that deals with the Internet would provide some trans- part D program, whichever is better, discussions of Medicare. parency that probably is not available whichever really is the best deal, Mr. GINGREY. Mr. Speaker, I call on to that senior today. unique to your situation. the gentleman from Texas (Mr. BUR- Mr. MURPHY. Mr. Speaker, I was in And of course the name and address, GESS) and enter into a colloquy with the grocery store the other day, and I as Mr. BURGESS and Mr. CARTER both you on that issue. wanted to buy a loaf of bread. I had not said, the name of the local pharmacy Mr. BURGESS. Mr. Speaker, my un- been in this store before. This store that you use to fill prescriptions. So we derstanding is you will be offered the must have had 30 or 40 different types will need your ZIP Code as well and the top three plans based on cost to evalu- of bread. Every roll, shape, flat, cut, out-of-pocket amount you spend on ate. Then you can go to the next three everything. I said I just want some plans and the next three plans. So the prescription drugs each year currently. whole wheat bread. They helped me information is given in those sorts of Again, I know our seniors know that find it. segment. My understanding is cost, because they are real good account- I thought this sort of reminds me since cost is one of the principal con- ants. They have to watch every dollar, with some of the choices with the cerns in people’s minds, cost is one of and it is important that we know that. Medicare plan. If anything, yes, there the parameters upon which the three And then last but not least, your Medi- are many choices, but it is important plans are picked. Here are the top three care enrollment information, your to keep in mind that by working with plans in your area based on cost, cov- Medicare number and your address and somebody on the Web site or on the ering some portion of these medica- all of those particulars, whether you phone, and many pharmacies and sen- tions, and whether there would be a are on traditional Medicare or Medi- ior centers offer this. Ultimately the stand-alone prescription drug plan or care Advantage under an HMO or PPO- issue is this: that a person should not one of the PPO- or HMO-type products type program. that would include a prescription drug just compare the cost of a drug, what is Mr. Speaker, I see that we are joined plan, those are also included in the this drug going to cost, but what is it by another health care professional, choices as they are given. going to cost me over a year’s period of the gentleman from Pennsylvania (Mr. We have some 47 prescription drug time. MURPHY). Mr. MURPHY has been with us plans in Texas that are recognized by We looked, for this hypothetical per- on just about all of these hours that we Medicare as being good products. You son Jane, what does it cost for a year have done on health care and this par- cannot evaluate all 47. So give me the because in some cases people may say ticular issue. top three based on cost, and let me fig- if there is coverage up to $2,250, and if Mr. MURPHY. Mr. Speaker, I thank ure out the coverage and convenience my drugs cost $3,000, they may ask, do the gentleman from Georgia for yield- aspect of those. If you have expanded I have to pay $3,000? And the answer to ing to me. I thought it would be helpful the search to include a HMO or PPO that is? to point out a couple of things. When product, let me make the decision Mr. BURGESS. The answer is, if it is an individual contacts 1–800 Medicare based on can I see any doctor I want or over $2,250, it would be $750. or Medicare.gov, when they have their would I have to see a select panel of Mr. MURPHY. But the rest is cov- name, address, medications and dosage doctors. ered. That is part of the confusion that level, and what they are paying for it Those are the kinds of decisions, the takes place. We need to make sure that and their ZIP Code, they can find out a same kinds of decisions people would our colleagues and America under- number of things. They will be able to make in starting a new job, when they stands this is a matter of looking at compare the cost of medications. Be- went and met with their employee ben- the overall cost of medications for your cause with the 75 percent discount, 75 efits manager. Just like we did when year, and that is why it is important percent paid by their tax dollars and we started in the House 3 years ago, the person writes down all those num- other folks’ taxes for the first couple they asked, do you want a HMO, PPO bers, and have those annual costs thousand, and then after $5,000, 95 per- product, and went through the litany ready, or even your monthly costs, so cent is paid for by the government, but of things that might be available to us. you can compare. from this it is important to be able to This would be the type of informa- b 2215 compare medications. tion that would be given to someone. I have a chart here. This is Pennsyl- And again, this may be too much for an But it is, I think, the most valuable vania, my home State. I want to point individual 85 years of age to deal with way that seniors can look at the over- out something, and that is savings for three plans that are somewhat dif- all cost of the Medicare plan. seniors with multiple chronic condi- ferent in their construct. That is why Mr. GINGREY. If the gentleman from tions for someone in Pennsylvania, this it is going to be helpful to have a child, Pennsylvania would yield for just a is comparing the savings in the best a nephew, a grandchild to be able to second in regard to that issue. As you plan and savings in an average plan. help make those decisions. Probably go through the Web site, it is impor- Let me read. Jane is a hypothetical the person who helps arrange for those tant that our colleagues know to let medical beneficiary taking the fol- prescription purchases on a regular their seniors understand that there is a lowing medications: Celebrex, 200 milli- basis would be the best person to advo- page there, and Mr. MURPHY was ref- grams; Fosamas, 70 milligrams; cate for that particular senior and help erencing that, where you are able to Nexium, 40 milligrams; Singulair, 10 them make those choices. compare the different plans. Let us say milligrams; Zoloft, 50 milligrams; and Mr. MURPHY. Mr. Speaker, when you have several in your community metroprolol tartrate, 50 milligrams. you are comparing plans, my under- that are available to you, and you nar- What comes out of this is in the best standing is if you look at the most row it down by the process of whether plan it appears there is about a 60 per- commonly prescribed drugs for seniors, or not they allow mail order, if they cent savings, or $3,797. In the average and not every drug may be covered by have good discounts for all of the drugs plan, about a 32 percent savings, being every plan, there is 97 to 95 percent you are on or three out of the four, and $2,036 of what they will pay. I am not overlap. then you finally narrow it down maybe

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.092 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10213 to three or four that you want to some of those categories. But this pro- this a better future for our senior citi- choose from. gram, we anticipate across the board zens, a better, healthier, longer future. As you go through this process, and about a 50 percent savings, maybe 11 or I cannot impress it upon our people again there is someone right there to $1,200 a year on average, and that of enough. This is so, so life changing in guide you through it, you can see real- course includes people that are low-in- the world. It is not perfect, and we all ly what your cost per year, as Mr. MUR- come. It includes people that are high- would love for the world to be perfect. PHY was referring to, what each plan income; but on average, we anticipate, But you know what? When we came in would be and then make that intel- is that not right, Mr. CARTER, about a here, somebody hit on it tonight, when ligent choice, based on a lot of factors, 50 percent reduction. we came in here and signed up for Con- but not the least of which, of course, is Mr. CARTER. That is right. And if gress and they dropped those half a that cost factor. the gentleman would yield once again. dozen or a dozen plans in front of me, Mr. MURPHY. I thank the gentleman As we talk about this, let us reempha- it might as well have been written in for explaining that. It is such a criti- size again to our seniors the impor- Greek. And I sat there and stumbled cally important thing here. And this is tance of getting registered and signed and fumbled and said I am sticking where, when you look at the cost, a up for the program. You know, as the with my Texas plan and stayed right couple of elements that I consider very gentleman was talking about these where I was. And that is my own fault. important, as a health care practi- drugs, and we read the list off, of those And I am confessing it right here in tioner myself, that one of the things drugs I am familiar with and some of front of God and everybody that that is we recognize is for the most part, when them I am not. what I did. But in fact I thought I had a physician prescribes medication, I But I thought about how much medi- a better plan in Texas anyway. But am sure the gentleman has seen this cine has changed. And you are the doc- that is a different story. But I under- too in his practice, prescribe medica- tors. I am just an old lawyer and trial stand their frustration because it is a tions, sometimes patients will not fill judge. But I can recall that my father frustrating thing. But that is the world that prescription. Sometimes, even if almost died from bleeding ulcers. As a we deal with right now. they fill it, they may not take it all. younger man, I was working my way Mr. GINGREY. Well, as usual, the They may take it in part and dis- down that road, and, in fact, at one gentleman is right on target. And I continue it, or they may find if they point in time had an ulcer. But think it is important that we remem- feel they cannot afford it, they stretch Tagamet, I am not plugging any par- ber that the plan, typically, if I could it out. Under such circumstances, when ticular brand, but that is the name I describe a typical plan for the typical a patient does not take a medication know of because that is what I took senior, would be about a $30 a month that the physician feels is needed, it when Tagamet came on the market; premium, would be a $250 deductible, can actually worsen their health and and with that drug, I have never had would be a 25 percent copay, that is, cost more. any more problems whatsoever with ul- the senior has to pay 25 percent of the One of the things about this Medicare cers, where my father almost died. cost of the prescription drugs after the plan, when the critics were out there They had to give him 7 pints of blood, 250 out of pocket, up to a total of $2,250. saying this is going to cost more, we and he had to be cut from stem to stern Then there is this issue of the hole in have to remember the CBO, the Con- like he had been in a knife fight to try the doughnut, or the gap, where any gressional Budget Office, does not score to save his life and they had to remove cost above $2,250, up to about $5,100, is savings. And between the entry phys- two-thirds of his stomach. 100 percent on the back of the senior. A ical, between the case management, Medicine now can stop a condition lot of people have been concerned where there will be pharmacists and that we used to solve with major sur- about that. They tend to forget, others who will work with the physi- gery with prescription drugs. This tool though, that above that you have this cian to make sure they are not getting is now available to our Medicare recipi- catastrophic coverage. If you have duplicate drugs, there is not confusion, ents. It is critical that they under- spent in any one year on Medicare part just checking the dosage and following stand, do not be frightened even by D prescription drugs, if you have spent through, plus the idea that the drugs what we have tried to make simple more than $3,600 out of your pocket, are more affordable, lifesaving, life en- here tonight. Some could even be then anything above that is covered at hancing, the kind of things that are so frightened by that. Do not be fright- the 95 percent level. important for people’s health are more ened by that. Make the effort to save And, really, there are situations like affordable, that means people will take your life. Make the effort to go out that. Maybe for some seniors today be- them. And part of this effect is people there and have every tool that you can fore they sign up for this program, will be staying out of the hospitals and be one of those blessings to our coun- they already know that they are spend- staying out of emergency rooms with try, and that is a senior citizen with ing $3,600 or more, maybe $6,000 a year that as well. long life and good wisdom to pass on to on prescription drugs. Now, they very Mr. GINGREY. If the gentleman will future generations. And you can only well may want to choose a plan. This yield, Mr. MURPHY hit the nail, I think, be that way if you take care of your- slide that I have in front of me now right on the head. And as we talk about self. sort of goes over that, talks about the this, the gentleman from Texas (Mr. And part of taking care of yourself is premium and the deductible and the CARTER) is still with us. He may want getting signed up so that modern medigap in the coverage. Well, seniors can to weigh in and share some of his cine can care for you, because with no choose. They can literally, if they thoughts on this subject. But there is offense to the great work that our sur- want, particularly, and I would rec- no question that this program has the geons do, in the long haul, having had ommend this, if they are on a number potential to significantly lower prices a couple of those surgeries myself, I of drugs already and they have high across the board, maybe not just for will take that pill all day long and into costs already and they know that, then our seniors, but to everybody for some the night before I want them to cut me they may want to pick a plan that the of these heretofore very expensive wide open because I think modern med- monthly premium is a little bit higher pharmaceutical drugs. And we antici- icine has been proven over and over, than the average of 25 or $30, maybe it pate that this program, and again, we that good preventive medicine, which is $50 a month. But it does not have talked about participation level. Re- we now have in this plan, meaning any gap in the coverage. Those plans member, I said at the outset of the going to get your checkups, get your are available, and that information of hour that Medicare part D, that other tests for which you are now covered, do course is what they will obtain from optional part of Medicare, probably got those things that were not available the Web site. a 98 percent participation rate because but are now available to you to make I know we are getting close to the exit is such a good deal. sure you are maintaining a look at haustion of our time, and I wanted to We will not have that higher partici- your health. call again on my colleague from Penn- pation rate with the part D because And the prescription drug plan along sylvania to see if he had any closing re- many of our seniors already have pre- with the other normal medical benefits marks before we wrap up this hour. scription drug coverage. We mentioned that have been available before make And I want to, before I run out of time,

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.094 H15NOPT1 H10214 CONGRESSIONAL RECORD — HOUSE November 15, 2005 express my appreciation to Mr. SCHULTZ. And this is going to be the ple to participate in our conversation, CARTER, to Mr. MURPHY, and Mr. BUR- first ever. So this is pretty exciting because we want to know what they GESS for joining us during this hour. stuff. are interested in, and my under- Mr. MURPHY. Actually, I think we Ms. WASSERMAN SCHULTZ. This is standing is there has been a number of are out of time, so I yield back the really amazing, and I guess, you know, questions posed. Maybe the gentleman floor here and thank the gentleman for it would not be a surprise. It was an ex- from Ohio (Mr. RYAN) or the gentle- leading this. cellent suggestion on your part, Mr. woman from Florida (Ms. WASSERMAN Mr. GINGREY. I thank my col- RYAN; and we, I think, are trying to SCHULTZ) could tell me what the num- leagues. Thank you, Mr. Speaker. I make our generational working group ber is. yield back whatever remaining time we here innovative. I mean, I think we all, Mr. RYAN of Ohio. I believe over 400 have and look forward to the next ses- as individual Members of Congress ba- e-mails. sion. sically make our highest priority the Mr. DELAHUNT. That is going to f ability and desire for us to interact di- take some time. rectly with our constituents. And the Mr. RYAN of Ohio. Well, we are not ANNOUNCEMENT BY THE SPEAKER one place that we are generally not going to be able to get through them PRO TEMPORE able to do that is on the floor when we all, so we will lay down some basic The SPEAKER pro tempore (Mr. ING- are here debating the very issues that ground rules here. We will not be able LIS of South Carolina). The Chair impact everyone in this country. to get through them all, obviously, Mr. would remind all members to direct We can interact fairly well with con- Speaker. We are going to have to take their remarks to the Chair and not to stituents in committee because they a few and maybe expound on them, but the television audience. can obviously testify in front of us in we are going to continue, Mr. Speaker, f committee meetings. We obviously to make our arguments. We are going to lay out the case for what we believe 30-SOMETHING WORKING GROUP interact with constituents in our offices. But once we are here, this is a needs to happen in the country, what The SPEAKER pro tempore. Under very insular environment. This oppor- direction we need to go in, and as we the Speaker’s announced policy of Jan- tunity tonight for us to kick this off, receive information from the public, uary 4, 2005, the gentleman from Ohio 30-something Live, and interact with use that to supplement our arguments (Mr. RYAN) is recognized for half of the people who will be submitting ques- that we have been making here. remaining time until midnight. tions to us online will be historic and Ms. WASSERMAN SCHULTZ. This is Mr. RYAN of Ohio. Thank you, Mr. exciting. not the last time we are going to do Speaker. We appreciate the oppor- Mr. RYAN of Ohio. Now, you and I, this. We are kicking this effort off. So tunity to be here again representing we are ready to rock and roll on this. even if we do not get to all the ques- the 30-Something Working Group. I And when Mr. MEEK gets here, he is tions tonight, which with over 400 we want to thank Leader PELOSI for the going to be ready to rock and roll. But obviously will not be able to in the 60 opportunity, our favorite uncle, BILL we may have to break it down for our minutes, we will be doing this again. DELAHUNT, who is here from Massachu- favorite uncle. Mr. DELAHUNT. This is simply an setts, also KENDRICK MEEK from Flor- Ms. WASSERMAN SCHULTZ. Maybe inaugural effort. It will be interesting. ida, DEBBIE WASSERMAN SCHULTZ from we need a glossary for Mr. DELAHUNT. Mr. RYAN of Ohio. I think it is im- Florida, who are also members of the Mr. RYAN of Ohio. We can break it portant for us to recognize that we working group and will be here in just down. want to make cohesive, coherent argu- a few minutes. Mr. DELAHUNT. If I can just inter- ments, and we are asking, Mr. Speaker, We want to welcome, Mr. Speaker, rupt, I heard that in my absence the other Members in this chamber and the everyone to the first-ever 30-Something other night that there were some com- citizens around the country to help us Live, in which we will be interacting ments that were made about my lack with that, make points that we feel not only with other Members of Con- of, well, made about my absence. Could that maybe they feel need to be made. gress here, not only with the audience, you explain that to me? Before we get into today, before we C–SPAN audience, but also with our Mr. RYAN of Ohio. I cannot remem- get rocking and rolling here, the big friends in the blogosphere. And we will ber exactly which one of us said some- issue now is the pre-war intelligence. be interacting with them, reading e- thing, but it was to the effect that we The President has dusted off this same mails that they will be sending to us, had to tuck you in bed and make sure old speech that he has given hundreds as we have been receiving e-mails from that you were getting your proper of times already in a hundred different our constituents in our offices for amount of rest. viewing areas regarding the pre-war in- years on Capitol Hill. Mr. DELAHUNT. Well, I am part of telligence. The President has said that But this is the first time ever that the 30-Something Working Group. I anybody accusing the administration there will be interaction between Mem- might be a two-fer, though. You know, of having ‘‘manipulated the intel- bers of Congress on the House floor and I mean, I would suggest that in my ligence and misled the American peo- at the same time constituents and citi- case you get two for one. ple was giving aid and comfort to the zens of the United States of America Ms. WASSERMAN SCHULTZ. The enemy.’’ So if you question the pre-war having direct access to this Chamber. only difference in your definition of 30- intelligence, you are giving aid to the So we are very, very excited about in- something is maybe it is 30-something enemy. So it seems like the President troducing 30-Something Live. Being by decade. is asking us as Members of the United the 30-Something Group, we are trying Mr. DELAHUNT. Something. States Congress not to even question to take our communications to the Ms. WASSERMAN SCHULTZ. And any of the intelligence or any of the next level, trying to reach out to the we are 30-something by year. drum beat leading up to the war. American people, because we have said Mr. DELAHUNT. Exactly. It is a very Mr. DELAHUNT. Mr. Speaker, if I for quite some time that if we are loose term. can, if the gentleman would yield, what going to solve problems in this coun- Mr. RYAN of Ohio. It is very loose. I would like to do is try to emphasize try, that we have to engage the best Adaptable. But it is good to see that that these questions have been posed and brightest talent that is out in the you got your nap in this afternoon. by Republicans as well as Democrats country in order to do this. Mr. DELAHUNT. I did. I am rested up regarding intelligence, whether it was So we are not only going to answer and looking forward to participating manipulated, or whether it was used in your questions, Mr. Speaker. We are tonight. a selective fashion. going to take suggestions as to issues Now, I am going to begin by quoting that need to be addressed, ideas that b 2230 the former Secretary of State, Colin folks may have at home. And this is a I do concur with everything you said Powell, who back in June of 2004 in an pretty exciting time for all of us. and, again, I want to acknowledge your interview had this to say about the We have been joined here with our commitment, your creativity, and the issue of intelligence: In recent weeks, friend from Florida, Ms. WASSERMAN fact that this is an effort to allow peo- Powell has apologized for at least 2

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.095 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10215 lapses regarding information about b 2240 from their mind when they created this Iraq and terrorism. In a recent Meet Go to page 96 of that book. But what country was that opposition would be the Press appearance, Powell said that was particularly interesting was on unpatriotic. Of course it is certainly he had relied on faulty intelligence page 334. This is Secretary O’Neill, a understandable given the climate that when he told the United Nations in 2003 member of the administration, a good the Republican leadership has created that Iraq had biological weapons. It Republican with solid conservative cre- here where they do not allow or expect turned out that the sourcing was inac- dentials. either members of their own party to curate and wrong and, in some cases, Mr. RYAN of Ohio. He was in the disagree with them and certainly have deliberately misleading. room. structured the rules so that it is vir- I want to repeat that this evening, Mr. DELAHUNT. In the room. tually impossible for us to voice dis- because I believe it is important that ‘‘ ‘In the 23 months I was there, I agreement or make a significant im- the American people pay attention to never saw anything that I would char- pact on the process once the process the former Secretary of State’s use of acterize as evidence of weapons of mass reaches here. Mr. Speaker, the people words here: In some cases, deliberately destruction,’ O’Neill told Time, refer- that have communicated with us have misleading. ring to Time Magazine. ‘There were al- caused me to ask this question. Not legations and assertions by people, but only has the President called into ques- Now, he does not go on to explain tion the patriotism of those of us who who did the misleading, whose respon- I have been around a hell of a long time and I know the difference between evi- have questioned why we are still there sibility it was to review the intel- and when are we going to have a plan ligence, to ensure that the sources dence and assertions and allusions or conclusions that one could draw from a to withdraw, but he has also implied were reliable, whether there was ma- that Democrats who have objected to nipulation. But what I find interesting, set of assumptions. To me there is a difference between real evidence and the way we got into this war and the Mr. Speaker, is that we are here on misrepresentation or misallocation of everything else and I never saw any- this floor asking these questions years, the facts that led us into this war, he thing in the intelligence that I would years after Democrats have asked for has also suggested that those same characterize as real evidence.’’’ full and exhaustive investigations, in- Democrats saw the same intelligence quiries, and oversight hearings. We ‘‘In response, a top administration official tried to dismiss O’Neill as out that the President did. No, they did have not had a single oversight hear- not. That is factually inaccurate. of the loop on weapons of mass destruc- ing. Maybe this is simply the by-prod- Mr. DELAHUNT. Neither did Paul tion intelligence. ‘That information uct of a situation, when you have a sin- O’Neill, the former Secretary of Treas- gle party controlling both branches of was on a need-to-know basis. He ury who served on the National Secu- Congress and the White House. But if wouldn’t have been in a position to see rity Council. that is the case, it is damning, because it.’’’ Ms. WASSERMAN SCHULTZ. The it puts before the responsibilities, the Just imagine this. We have the Presi- bottom line is that every morning the constitutional responsibilities of this dent saying that the intelligence was President gets an intelligence docu- Congress party loyalty, and I dare say available to everybody. Yet a top ad- ment that we are not privy to. He gets the American people will not accept ministration official in response to the massive amounts of intelligence that that. assertion by Secretary O’Neill that he they do not widely distribute, even never saw any evidence had this to say: If I can further proceed, Mr. Speaker, though we have security clearance, ‘‘Oh, it wouldn’t have been available to a statement that the intelligence that widely distribute to Members of Con- him.’’ was available to him was available to gress. So they were able to be, one That to me is just inexplicable. I would think, Mr. Speaker, selective in Members of Congress, both Members of think we deserve an answer from the the House and Members of the Senate. what they released to the Members of President. We deserve an answer from Congress when we were in the throes of Well, I find that very interesting. First the administration as to what actually of all, that is inaccurate and wrong. making the decision about whether or happened. And I would like to hear not to support, and I was not here at And to support my premise or the from Secretary O’Neill sometime. I statement I just made, I would refer that time, but when those of you that think it is important. were here were in the throes of decid- my colleagues and those overhearing Mr. RYAN of Ohio. Then one of the this conversation to read a book called ing whether to support the war. questions we have here, Mr. Speaker, I just want to read this question that The Price of Loyalty written by a jour- from Hayward, California asked, What nalist of some renowned, which is basi- brought this all to mind. You have Mr. is our mission in Iraq other than being Lehman from Goshen, Indiana, who cally a memoir of the experiences of targets for anyone with a weapon? the former Secretary of the Treasury, said to us, Since the Iraq war and tax That is really what we are saying. If breaks for the wealthy have devastated Paul O’Neill whom, by the way, is a you try to ask the administration why conservative Republican, a captain of our Federal budget, why can’t the are we there, what is going on, when Democrats invoke procedures to semi- industry. He ran Alcoa and was se- are they coming home, we get called close down Congress as this is an emer- lected by this President to serve as his unpatriotic. If we ask these questions gency situation which is affecting our first Secretary of Treasury. that a man like Robert Veloza asks, national economy when the money He relates that in the first National Mr. Speaker, we get called unpatriotic. could be better spent on domestic so- Security Council meeting about a week These are the questions. We have got a cial programs including hurricane re- or 10 days after this President was in- lot of questions that people ask, what lief. Cut and strut. augurated, prior, prior to September 11 are we still doing there? What is the That is a really good point. If the of 2001, that he was taken aback at plan for getting out? A lot of these. We American people are asking what are that meeting because he participated have got 400 or 500 of these now. A lot we doing in Iraq when we have so many in those meetings by virtue of his being of people are asking us, Mr. Speaker, needs here, when we have literally hun- Secretary of the Treasury, that the what are we doing? If we try to say to dreds of thousands of people in our gulf focus of the Bush administration was the President, Mr. President, what are coast twisting in the wind literally be- to shift from resolving the Israeli-Pal- we doing, we are unpatriotic now? cause we cannot get them the assist- estinian issue to how this administra- Ms. WASSERMAN SCHULTZ. Both ance they need, yet we are sending mil- tion would deal with Iraq. He was truly of my colleagues are absolutely right. lions of dollars, billions of dollars as taken aback by that. The President has some nerve ques- the gentleman from Ohio has detailed About a week later, he is at another tioning our patriotism. That is what in the charts we have here in the last meeting where there is a map that is America is all about. I happen to be in few weeks that we have been talking put forward about how the oil fields in the middle of reading Washington’s bi- about this, the administration has lit- Iraq would be divvied up; what coun- ography. The Founding Fathers cre- erally chosen sending assistance, infra- tries and what companies would be al- ated this country so that there could structure rebuilding assistance, to the located the development of those oil be an opportunity for a vocal minority Iraqi people and we are not able to pro- fields. to express dissent. The farthest thing vide that for our own people. All the

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.097 H15NOPT1 H10216 CONGRESSIONAL RECORD — HOUSE November 15, 2005 while, today, they may still be in the tion. We are going to be greeted as lib- the U.S. Senate, the minority is treat- committee meeting now, our own Ways erators. They had weapons of mass deed with respect. It does not always go and Means Committee is marking up struction. All not true. their way, but they can at least make the tax reconciliation bill, $70 billion We even got a little piece of informa- an impact. It is truly enough. in tax reconciliation to supposedly bal- tion, it will be interesting to see how What is more unfortunate is how the ance out the budget deficit, the budget this comes out with the use of phos- Republican leadership in this Chamber deficit reduction act which is a total phorus in Falujah. We were told misrepresents how the process works misnomer that they could not pass last months ago there was no phosphorus here, as if we are allowed to call hear- week. The reason that they could not being used. Phosphorus they use in the ings whenever we want to or have sub- pass it and the reason that it makes no military. We are not using any of that poena power in the Katrina committee sense is because if you are passing $70 stuff. If we are using it, we are just that was created a few weeks ago. They billion in tax cuts and $50 billion in using it to light the sky. really, consistently, at least since I spending cuts, that still leaves $20 bil- Then we find out on November 10, have been here from the beginning of lion. That is the kind of thing that the this is quoting from the BBC. This is this year, if you recall during the people who are communicating with us not the Meek report, the Wasserman Schiavo case, facts were not relevant. are asking, just like Mr. Lehman from Schultz report, the Delahunt report. They just made it up if it suited their Indiana. This is the BBC. ‘‘We have learned that argument. Mr. DELAHUNT. And they will not Mr. RYAN of Ohio. That is absolutely some of the information we were pro- have a hearing. They are afraid of right. Let’s get this straight out. I vided is incorrect. White phosphorus shells which produce smoke were used transparency and accountability. want to kind of lay some things out Ms. WASSERMAN SCHULTZ. And in Falujah, not for illumination but for here because all the rhetoric that we they protect themselves with the rules. screening purposes.’’ That was in the are now hearing and the administra- They hide behind the rules. tion is really good at getting in the March and April, 2005, issue of Field Mr. DELAHUNT. They are eroding huddle and then breaking the huddle Artillery Magazine; and it was used as the confidence of the American people and everyone goes onto the TV shows a potent psychological weapon against in this institution; and I would hope on Sunday and everyone starts singing the insurgents in trench lines and spi- that they would reflect, stop, and from the same hymn book and trying der holes. change course. Because if it continues, to convince the American people that Now this is the use of a chemical it is demeaning to this institution, and the world is really not what everyone weapon. Now I do not know if it is true it is eroding our democracy. thinks it is. They find a way to try to or not, but what I do know is that they If I can, just for one moment, let me spin it. I just want to go back just for said they were not using it, and now hold up this chart. The gentlewoman a couple of minutes for all of us to rec- they are saying they used it. earlier talked about the monies that ognize who we are dealing with here Mr. DELAHUNT. We do not know. have been expended by American tax- and what their track record is. But you know what is sad is that this payers in Iraq. There are an abundance The CIA leak where Scooter Libby, Republican majority in Congress will of reports from a variety of sources the chief of staff of the Vice President not allow us an oversight hearing to about Iraq reconstruction. The biggest of the United States, was indicted on determine whether this report is true corruption scandal in history. five counts for lying basically, obstruc- or not. There has not been a single I serve as the senior Democrat, the tion of justice, false statements, every- hearing in the House of Representa- so-called ranking member on a sub- thing else. This is right from the in- tives in terms of the Iraq war and all of committee of International Relations dictment. On July 10 or 11, Libby spoke the issues that we have raised here, not that ought to be looking into these as- to Karl Rove who advised Libby of a a single hearing; and I would submit sertions and allegations. I do not know conversation that he had. Rove talked that that is just a total abdication of if they are true. to Novak, Bob Novak, the columnist, our responsibility. We have had colleagues that have and Novak said that he was going to Ms. WASSERMAN SCHULTZ. In that corresponded seeking to have hearings. basically use Joe Wilson, the ambas- vein, we actually have an e-mail from This is just some of the quotes. ‘‘It is possibly one of the largest sador who went to Africa to find out one of the folks out there in blogger thefts in history.’’ This is the Iraqi fi- what was really going on with uranium land who wants us to talk about and nance minister speaking about more and everything else. So Rove tells ask the question, Mr. Speaker, are the rules that have been enacted for the than $1 billion missing from the Iraqi Libby that Novak is going to write Defense Ministry. about Joe Wilson’s wife. That was in operation of our U.S. House of Rep- resentatives constitutional? And if not, ‘‘This country is filled with projects July. Okay? that were never completed or were Then we find out, here it is, 2 months what is the remedy for that? There is a person from Vermont. Can a lawsuit be completed and have never been used.’’ later, in September, Karl Rove denies This is a U.S. civil affairs officer who brought about legal or unconstitu- even knowing anything about a CIA asked not to be identified. tional House rules? leak or outing Valerie Plame. So he ‘‘We were told to stimulate the econ- In other words, all Americans must told Libby that Joe Wilson’s wife was omy any way we can, and a lot of have representation in their govern- going to be outed in July and then in money was wasted in the process.’’ ment, Mr. Speaker; and if Democrats September ABC News asks him what is That is Captain Kelly Mims, part of the are ignored because of House rules, not up with this and he says, ‘‘I don’t Army liaison team in Falujah. know.’’ He lied to the American people. allowed hearings like the ones you are ‘‘We were squandering the money we Scooter Libby lied to the American talking about, not allowed to offer an were entrusted to handle. We were a people. The Vice President of the amendment on the House floor to legis- blind mouse with money.’’ That is Bill United States in the same indictment lation when we are duly elected in the Keller, former deputy advisor to the told Scooter Libby about Joe Wilson’s same way, putting our pant legs on one Iraqi Communications Ministry, refer- wife and then 2 months later he did not at a time just like they do, or a skirt, ring to reconstruction projects. give all the facts on Meet the Press. like I do on occasion, because of House ‘‘I presume that some of them are rules that give full power to a majority ghost employees, but we paid them.’’ b 2250 political party, half the country does That is Frank Willis, former Coalition We have to be very careful with the not have representation in the day-to- Provisional Authority, regarding the Rules of the House when we deal with day business of our own government. payments of salaries to 2,400 people high-ranking administrative officials. That is the bottom line. We are shut who did not exist. Okay. So this is the outfit we are deal- down. And this is not about whining. Mr. RYAN of Ohio. Would the gen- ing with here. This is the group that This is not about, gee, we cannot get in tleman read that one again about the has failed to be honest. our say. This is about that we were ghost employees? Now we go through the war. Remem- duly elected just like every one of the Mr. DELAHUNT. ‘‘I presume that ber what we heard prior to the war? We other 434 Members of this body, and it some of them are ghost employees, but are going to use the oil for reconstruc- is not like that in the U.S. Senate. In we paid them.’’

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.098 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10217 Mr. RYAN of Ohio. We are paying I can tell you, when you are dealing hand and said they uphold the Con- ghost employees in Iraq, and we are with the issue of outing CIA agents and stitution of the United States, you not allowed to question the validity of indictments and then you say, well, I need to be passionate about those what is going on over there? am going to start attacking Members Americans that know what it means to How about ghosts paying some of my of Congress that question my policy, punch in and punch out every day. Adelphi workers who are going to get maybe we can make that the discus- Last week, one of the Members on their salaries cut by 60 percent? Does sion for the week, I think the Amer- the majority side came to the floor and this administration want to ghost pay ican people and also the Members of said, well, we are giving tax cuts to the some of them? this House are far more intelligent productive Americans. I am assuming Do we have enough money to pay than that, to think that just because that I guess if anyone makes under people for not doing work in Iraq? this is your message for this week, it $500,000 they are not productive in Mr. DELAHUNT. We have wasted bil- does not necessarily mean that the America. lions of dollars of taxpayers’ money in American people are going to follow The bottom line is, is that I am not Iraq, and yet not a single hearing. And you in that message. disappointed in what the President I do not want a hearing where some ad- You see the majority following suit said. I am just a little taken aback be- ministration official comes up and pre- because it seems to be a message ma- cause my constituents work every day. sents a 5-minute overview and we have chine. The President spoke of sending Your constituents work every day. 5 minutes to question. I am talking the troops mixed signals. Well, I could There are Americans out there trying about a thorough, exhaustive inves- not help but reflect on that, being a to make ends meet. tigation done by staff on both sides of Member of Congress and seeing what is Better yet, we want to scream at the aisle and by serious Republicans happening right now. Members of Congress talking about re- and Democrats who find this kind of We have a budget amendment that is writing history. Let us talk about put- waste and scandal abhorrent. supposed to come to the floor pretty ting this country in a debt that it will Mr. RYAN of Ohio. We are joined by soon. I guess they did not have the be very difficult for us to get out of. our good friend, the gentleman from stomach to pass a budget amendment Let us talk about record-breaking in 4 Florida (Mr. MEEK), who was getting an that would have cut VA benefits to vet- years of an administration and this award tonight. I congratulate the gen- erans, that would have instructed the majority allowed this President to do tleman. Welcome to the inaugural 30- Veterans Affairs Committee to cut $1.05 trillion in borrowing from foreign something Live. over $767 million in services to vet- countries, like China I must add, more Mr. MEEK of Florida. I thank the erans and march in the Veterans Day than Democrat, Republican and Whig gentleman very much. It is always an parade. I guess that was just a little party Presidents was not able to honor to be here on the floor, not only too much for some of the many Mem- achieve. I have to go all the way back addressing the Members of the House bers on the majority side, and I want to the Whig party, 1776. but also sharing with the American to thank some of those Members who Folks say, oh, well, hard times. Well, people what is not happening. World War II happened on this side of I came here and I actually picked up said they were not going to vote for it. the chart. World War I happened on an e-mail here. Has there ever been a I hope they still stand by their convic- this side of the chart. The Great De- President who has presided in a bigger tions this week because that budget pression happened on this side of the increase of the country’s national debt resolution has not changed a bit. What chart. and has not vetoed a single spending they felt last week, they should feel Challenges are not new to leadership bill during his term in office? this week. I can tell you that from what I know, Also, I should say the President is in Washington, D.C. If people want to just from my knowledge of what I have saying we are sending mixed signals. borrow and spend, then that is okay if been reading recently, I can’t remem- Well, I guess it is mixed signals when they do it with their money, but when ber a President outside of the Presi- we have over 50 million Americans they do it with the American people’s dent that we have right now. And I am without health care. What kind of sig- money, it is another thing. Mr. RYAN of Ohio. Mr. Speaker, one pretty sure as we start talking about nals are we sending them? of the words that our President used national debt, we can also talk about I guess it is mixed signals when we was irresponsible; it is irresponsible to the fact that this administration, have our men and women who are question what is going on. Is that re- along with this majority, has led us in fighting in harm’s way right now, but sponsible, that kind of fiscal just 4 years, $1.05 trillion in money we better yet, when they become veterans, undiscipline, reckless disregard for a borrowed from foreign nations. we do not have the same passion for Now that is not my number. That their health care and for their needs. budget in the United States? That is ir- came from the Department of the U.S. I guess it is mixed signals when you responsible? Treasury. have to look at our generation and par- And what else is irresponsible? Cut- ents that are trying to pay for their ting money for student loans, that is b 2300 child’s education and you cut $40 bil- irresponsible. That is more than 42 Presidents com- lion and change out of student loans How about Karl Rove telling Scooter bined. Mr. Speaker, 42 Presidents only and student aid. That is mixed signals. Libby about Joe Wilson’s wife and then were able to get to the point of $1.01 I hope that the President can get just going on TV a couple of months later trillion, and that is over a period of 224 as passionate when it comes down to and saying he did not know anything years. cutting free and reduced lunches in about it. I think that is kind of irre- A lot of folks say, well, why are you this country, get passionate about sponsible to say that to the American alarmed? Well, you should be very that. public. I did not hear the President say alarmed, and if the Republican major- We talk about winning the hearts Scooter Libby was irresponsible. ity allows that kind of borrowing to and minds of the Iraqi people and peo- Mr. MEEK of Florida. I know the take place, especially from foreign ple abroad. How about winning the gentleman from Massachusetts (Mr. countries, I guarantee you that the hearts and minds of Americans that DELAHUNT) is standing by there, but I President could not do it on his own. pay taxes every day? want to just share this with you. I guess one of the things that is quite One other point I just want to make, I have one message for the majority disturbing, I could not help but on Vet- another mixed signal, as we speak now and for the President: Get passionate erans Day turn on the television and the Budget Committee is meeting. I about the right issues. We are all pas- watch our President of the United guarantee that they are ready and sionate about the war. We are all con- States attack other Americans for meeting, and on the majority side, the cerned about our men and women in being American. I could not help but Republican side, to protect people who uniform, but I tell you one thing. We think that it must have been some sort make over $500,000 to be able to receive have American cities that are trying to of coordinated plan in operation, look their $80,000 tax cut. That is sending make ends meet. We have children that over there from over here, from what is mixed signals to the American tax- are trying to do the best they can actually happening. payer. So, if anyone that raised their under the circumstances. The Leave No

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.100 H15NOPT1 H10218 CONGRESSIONAL RECORD — HOUSE November 15, 2005 Child Left Behind Act is known by the You referenced earlier about vet- concur then that Saddam had weapons States, and States are suing the Fed- erans. It is easy for the President to of mass destruction. eral Government for a lack of funding. wish the troops well as they march In fact, President Clinton made that Meanwhile, as we speak here on this into war, and yet it was this White statement in 1998 very clearly and un- floor, the Ways and Means Committee House, this administration, that sub- equivocally, and my point is that ei- is meeting to make sure that the tax mitted a budget for the Veterans Ad- ther Saddam Hussein used his last can- cuts are permanent for millionaires. ministration that was $2.5 billion less ister of mustard gas on the Kurds and So I am glad that some members of than hopefully the budget that this simply ran out of inventory or else the Senate last week said I cannot Congress will pass. those weapons of mass destruction still vote, at the same time that I am cut- Let me suggest to the White House have to be someplace, and he con- ting Medicaid for poor Americans free that that demonstrates callousness and structed then an elaborate ruse to dupe and reduced lunch for children, vet- turning your back on those young men the world and dupe seven or eight or erans benefits and then within the and women in Iraq, and it is absolutely nine different countries on the intel- same time period, within a couple of a stain on our national honor. ligence. I point out President Clinton’s state- days I am going to vote to give million- f aires a permanent tax cut? ment: Other countries possess weapons What I am saying is that there are INTELLIGENCE ISSUES AND THE of mass destruction and ballistic mis- things that we should get passionate WAR IN IRAQ siles. This is December 1998. With Sad- about, and there are some things that The SPEAKER pro tempore (Mr. ING- dam there is one big difference; he has we really need to be passionate about. LIS of South Carolina). Under the used them. The international commu- I can tell you right now, there are a Speaker’s announced policy of January nity has little doubt then, and I have number of issues not being addressed, 4, 2005, the gentleman from Iowa (Mr. no doubt today, says President Clinton, and like you said, the outing of a CIA KING) is recognized for the remaining that left unchecked Saddam Hussein agent is just like someone running over time until midnight. will use these terrible weapons. and telling the enemy about the Ma- Mr. KING of Iowa. Mr. Speaker, I ap- Again, 1998, Mr. Speaker, and allega- rines are going to be on this beach at preciate being recognized and the options here on this floor and around this this time and this day; I just wanted portunity to address the House tonight country are that somehow President you to know that because I know it. and until tomorrow begins I under- Bush has manipulated intelligence and That is what it is like. stand. apparently misrepresented this to the Mr. RYAN of Ohio. That is irrespon- First, I would speak to this issue that American people, and the implication sible. we have heard as the conclusion of my is also that he has duped these people Mr. MEEK of Florida. And it is set- friends and colleagues from the other that have made these statements, in- ting us back. My message for the ma- side of the aisle, however optimistic cluding former President Bill Clinton jority and also for the President is get they may not be in their presentation and a number of other high-profile peo- passionate about the right issues. You to the American people on a regular ple within his administration. want to get passionate about some of basis. The allegation would then have to the actions in the White House, it is As I go through some of the things hold true that somehow the governor happening right there under your nose. that are in front of me and I listened to of Texas, now President Bush, found a Passion stops at we will just give an the allegations that have been made way to dupe the national leaders to ethics course on not sharing national somehow manipulate and maneuver that somehow the President has ma- secrets with the press. You have to go hundreds of billions of dollars worth of nipulated the intelligence and led this far beyond that. Too many people have national intelligence to produce these Nation into war because there never died. Too many veterans right now kinds of results. were any weapons of mass destruction need assistance to just go use the rest- in Iraq, I will point out that I flat out b 2315 room right now to give that speech. Mr. DELAHUNT. Mr. Speaker, if I reject that statement. It is not possible It is simply a ludicrous position to can for a moment, I want to take issue to prove a negative in the first place, take. It will not hold water, it is not with the President’s statement relative and a rational person would understand logical, it is not rational, and the more to support the troops and that asking that from the beginning. the American people hear about this, questions somehow undermines that Additionally, we know that Saddam the more they begin to think about it, support. That is false. That is inac- Hussein had weapons of mass destruc- the more they begin to understand it, curate. tion. We know that he used them 1 the less they are going to believe these There is not a Member in this House time. allegations. on either side of the aisle, I cannot be- Mr. DELAHUNT. Mr. Speaker, will I would also point out that the indi- lieve there is an American anywhere in the gentleman yield. vidual who has had his 15 minutes of this country, that does not fervently Mr. KING of Iowa. I yield to the gen- fame and then some, the erstwhile am- pray that these young men and women tleman from Massachusetts. bassador who was sent by the CIA to go come home, come home without Mr. DELAHUNT. Mr. Speaker, there to Niger to investigate the question as wounds, but I will talk about support is no doubt that we know that he did to whether Saddam Hussein was seek- for the troops because I believe that if have weapons of mass destruction being yellowcake uranium from Niger, there is a grade to be given for sup- cause we provided, during the 1980s, the that individual, of course, we know as porting the troops by this White House, means for the development of those the husband of now publicly discussed it is a failure. It is a failure. weapons to Saddam Hussein. Valerie Plame, at her recommendation. How many letters have we, and Members of this administration, As we understand, he was sent by the again, not just Democrats, but Repub- former Secretary of State Colin Pow- CIA. licans, sent to this White House com- ell, the Secretary of Defense Rumsfeld, He had not been in Niger in 20 years. plaining about the lack of vests, com- they clearly knew because they were He was not a weapons expert like his plaining about the unarmored humvees involved in assuring that the means to wife may have been. But he went there, that so many of our young troops have develop weapons of mass destruction and he came back and gave one story been killed, permanently maimed, and were provided to the Saddam Hussein to the New Republic Magazine. He gave yet we still have problems? It is an regime. another story under oath to the Senate issue that has been lingering for years, Mr. KING of Iowa. Mr. Speaker, re- Select Committee on Intelligence not just for months. claiming my time, I would point out which thoroughly eviscerated his via- I am not suggesting that that was in- that I will not concede the accuracy of bility and his credibility. tended, but it is a demonstration of the that, and I do not because I do not have So the statements that were made incompetence of this administration, that evidence and I have not seen that. for publication for the fame did not and underscores, if we are talking I acknowledge the gentleman’s state- hold up under oath, did not hold up about supporting the troops, the lack ment for the honorable individual he under scrutiny. One thing we are con- of that support. is, and I would point out that we can fident of is that erstwhile ambassador

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.102 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10219 who went on a mission to supposedly wrong, that is a mistake. But, Mr. has been a long time since we have ex- represent the United States, Joseph C. President, when you say something posed significant numbers of vehicles Wilson, the individual who went over that is right and you know it is wrong, or American soldiers out there in vehi- there for the CIA, if one is on a mission that is a lie.’’ That is the distinction cles that were not armored, Mr. Speak- in a foreign country for the CIA, one between a mistake and a lie. That dis- er. So this argument that it is some- would think that they would have tinction has not been recognized by the thing other than that I think is spe- some level of integrity they would have other side of the aisle, and it is will- cious, and I do not think it is based on to hold up, have some level of confiden- fully being ignored. fact. tiality that they would have to hold I will not concede that a mistake was The statement that the President up. One would think that if they went made. I think the words in that State made about the irresponsible state- on a mission, a secret clandestine mis- of the Union Address are precisely ac- ments when people undermine our sion, first, that they would be quali- curate. I think the British would con- military efforts, I will go further than fied; second, that they would maintain cede that point today. I think any ra- that, and I will relate an incident for that level of secrecy and confiden- tional, critical thinking person would me a year ago last June, about June 17. tiality, that they would come back and concede that point today, Mr. Speaker. I was in a hotel in Kuwait waiting to report back to their superiors and it But this has been twisted and warped go into Iraq the next day early. I would be an accurate report and it to the point where it is jeopardizing turned on the television to Al-Jazeera would be precise and it would be cred- our national security, and that is why TV. As I watched that television, it ible and it would hold up under oath. I am on the floor here tonight. was Arabic audio and it was English That report, alleged to have been de- I have been over in the Middle East a subtitles, and on that television came livered in print by one Joseph C. Wil- number of times. The last time I came Moqtada al-Sadr, a big black beard, son, erstwhile ambassador, was not de- back was August 20 of this past sum- and as he spoke in Arabic, the English livered in print. It was delivered ver- mer. I have been there with our men subtitles came on underneath on the bally, and the verbal report that we and women in uniform when they are screen, and the subtitles said, ‘‘If we have the notes of and the knowledge of, strapped on with helmets and bullet- keep attacking Americans, they will leave Iraq the same way they left Viet- Mr. Speaker, is a verbal report that in- proof vests. I have been in and ridden nam, the same way they left Lebanon, dicates that the Iraqis were seeking in and inspected some of those armored the same way they left Mogadishu.’’ weapons of mass destruction, vehicles that have been hit by enemy Listen to that echo in the ears of yellowcake uranium in Niger. It indi- fire, hit by IEDs. I happen to have in- Moqtada al-Sadr, and we know that his cates the very thing that he alleges spected an armored Humvee that was voice was echoing in the ears of our today was not true. hit by a rocket and an RPG almost si- enemy, the people we call the insur- Yet this seems to be some kind of al- multaneously. It rolled off the road up- gents on our nice days, the people who legations by the other side, if they like side down, and the four American sol- are sitting somewhere in a mud hut or what they hear, are enough for them to diers that were in that armored a stone building and they have some say this is confirmed and absolute Humvee walked away and were on pa- 155mm rounds. They have got explo- proof; and rational, thinking Ameri- trol the next day thanks to the armor sives. They have got detonating de- cans know better. Critical thinking that is there. vices. They have got shrapnel built Americans know better. In fact, this I have been to Fallujah, I believe a into this, and they are making impro- President would not use any language year ago last May, where the Marines vised explosive devices. They are in a State of the Union address or any were bolting on armor then and pre- watching their new satellite dish TV. other kind of speech unless he knew paring for battle that was ahead. So we Some of the communities there in that it had been thoroughly vetted, it have accelerated the production of our Iraq have more than one satellite dish was reliable. And it was, by the way, armor for all of our vehicles there. per household. They were illegal when vetted and reliable and delivered into Some of them are not armored. They we first came into Iraq, but every Iraqi that speech on January 28, 2003, in stay on the base where they are safe. today has access to satellite TV. Every these Chambers from just in front of But almost all of our vehicles that go Iraqi today can watch Al-Jazeera TV. where the Speaker is right now when out anywhere where they are in danger And on Al-Jazeera TV, they would see the President gave his State of the are fully armored, top, bottom, and these kinds of scenes of Moqtada al- Union Address. sideways, with bullet-proof windows in Sadr saying, ‘‘If we keep attacking Those now infamous 16 words that them. We have done a fantastic job to Americans, they will leave Iraq the are alleged to have been untruthful to ramp up the construction and develop- same way they left Vietnam, the same the American people start out with ment of armor and done a pretty good way they left Lebanon, the same way ‘‘we have learned from the British’’ job. they left Mogadishu.’’ And the enemy that the Iraqis have been seeking ura- We were not ready for this. The who are making improvised explosive nium from Africa. Now, ‘‘we have Humvees were not designed to go into devices see that on television. It en- learned from the British’’ is true. That combat. They were not designed to courages them. It causes them to build is a fact, and no one has challenged drive over IEDs. They were not de- more bombs, not less. It causes them to that fact. ‘‘We have learned from the signed to take direct hits from RPGs or plant more bombs, not less. It causes British that the Iraqis are seeking,’’ rocket fire. In fact, they were not de- them to detonate more bombs, not less. that qualification precludes any of the signed to take hits from AK–47s. They It causes them to have more courage, rest of that statement as long as the were not a combat vehicle in the begin- more hope, a stronger spirit to fight rest of that statement is consistent ning of those operations. So we had to our American soldiers because of the with what we have learned from the adapt to the circumstances that were words that came out of Moqtada al- British; and to turn that into some- there. Sadr. thing that is now called a lie is dis- We began sending steel over there, Now, imagine how encouraging that ingenuous and dishonest to the Amer- and it was cut and fitted and it was is to our enemy over in Iraq, and many ican people. bolted on or welded on, and our mili- of them are not Iraqis. In fact, most of I reminded the body here last week, tary went right to work as quickly as the enemy, I understand, are not Iraqis last Wednesday night, that there were they could to get as much armor up as but imported fighters from other coun- commercials that were run across this fast as they could. We started our fac- tries. Imagine how encouraging it is country on television in the 1996 Presi- tories up here. We took an existing pro- when they see on their Al-Jazeera TV, dential campaign. There were issues duction line and multiplied its produc- when they hear the voice and see the there about integrity and honesty in tion capability by at least 10 times to face of a quasi-leader of the United that Presidential campaign. Charlton get our armored Humvees out in place States of America, someone from the Heston went on television, and he said, and to put the armor on our trucks and floor of Congress, someone from the looking into the camera, ‘‘Mr. Presi- to get ready. floor of the United States Senate, dent, when you say something that is Now we do send out convoys that are someone who is doing a press con- wrong and you do not know that it is fully armored on a regular basis, and it ference out on the steps of the Capitol,

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.104 H15NOPT1 H10220 CONGRESSIONAL RECORD — HOUSE November 15, 2005 someone who is doing talking head tel- that particular piece of real estate, them up in order to take away their evision, someone who says, wrong war, they did so and they have done so livelihood and way of life. That area is wrong place, wrong time, get them out twice. They have done that because of twice the size of the Everglades, and of there, Mr. President, we need to get the American soldiers giving them that that way of life was destroyed by Sad- out of Iraq. Imagine how much encour- liberty. But the critics essentially shut dam. We have reconstructed about the agement that gives to the enemy. And up about Afghanistan but not about size of the Everglades, and the Swamp what is the enemy going to do? They Iraq. Arabs are starting to repopulate. But are going to recruit more. They are Is the difference the number of lives, that is one-thirtieth of Iraqi popu- going to build more bombs. They are Mr. Speaker? Is the difference that 200 lation doing what they can. going to attack more Americans. Americans have lost their lives in Af- The argument that Saddam Hussein I reject the idea that one can say ghanistan and 2,000 Americans have did not have weapons of mass destruc- they fervently pray that the troops lost their lives in Iraq? If that is the tion, and now we hear from the gen- come home and they support the difference, then I would challenge the tleman from Massachusetts that he troops. I reject the idea that they can left, the pacifist left, the people who did, what did he do with them? Where support the troops and reject their mis- have difficulty figuring out how they did they go? Matter can neither be cre- sion. Mr. Speaker, if you are for the are going to support the troops and op- ated nor destroyed. Saddam Hussein troops, you are for their mission. And pose the mission, and if they were ra- said, I have those weapons of mass de- if you are against the troops, you are tional, they would admit that that di- struction. He defied 17 U.N. resolutions against their mission. But these things chotomy could not be accepted or tol- stretching back to 1990. We know from are inextricably linked. They cannot be erated. They cannot seem to draw the September 11 that we cannot wait until separated. line on what the difference is between a threat is fully developed. We cannot ask an American soldier Afghanistan and Iraq, 200 lives versus The question still remains, we do not to go in this country or overseas, risk 2,000 lives. If the number of lives were know, we do not know how large the their life, perhaps give their life on a the difference, then they should tell us stockpiles of weapons of mass destruc- mission that we do not believe in. We from their position how many are tion were. We just know he had stock- would not send them on a mission we enough. How many lives would they piles. He used them. We do not know do not believe in. We would not ask spend to free 25 million Afghanis? How what happened to them. But the King them to do that. It would be the most many lives would it cost to free 25 mil- rule of physics is everything has to be dishonest, disingenuous thing we could lion Iraqis? someplace. So where are they? There is do as the United States Government in And, yes, the price has been high, and no evidence he destroyed the weapons Congress and the President of the it has hurt. And it will hurt far more if of mass destruction. But due to Sad- United States and Commander-in-Chief this job, this task, is not completed, if dam Hussein’s obstruction, the mate- to order men and women into a theater this freedom that has been so hard rials once declared by the Saddam re- of battle and not support their mission. fought and won is allowed to go back gime were never accounted for, even When I talk with the families that to a state of tyranny where a dictator though he declared them. have lost a loved one in this war on would take over in Iraq and where we I also want to point out that in Octo- terror, it is a sad time, and that price would see a center for Islamic ter- ber 2002, a bipartisan majority of Con- they have paid cannot be felt unless we rorism for al Qaeda. gress authorized President Bush to use ourselves have had that loss, but we force if necessary to deal with the con- 2330 can empathize with them. We can pray b tinuing threat posed by Saddam Hus- for them. We can sympathize with It would clearly be there if we pulled sein. We also had a national policy that them. We can try to understand. But out of there today. I would wager if Congress endorsed of regime change in invariably those that I talk to, those you put this up for a ballot to the Iraqi Iraq. that I meet with, will tell me they people and asked, do you want the All of these things were consistent want their son or their daughter’s life United States and the coalition forces with the will of the people of America, to have meaning. They want that sac- to pull out as fast as they can, that as debated and voted on in Congress. rifice to have meaning. And they will ballot referendum, I believe 95 percent H.J. Res. 114 stated that by continuing say do not give up on this mission. My would say, no, we would like to have to possess and develop a significant son believed in what he did. He volun- the Americans leave not real soon, just chemical and biological weapons capa- teered for this mission. Let us have soon enough to get control of our coun- bility, and actively seeking a nuclear meaning. Let us have freedom for the try. weapons capability and supporting and Iraqi people. Let us have freedom for That is moving along at an accept- harboring terrorist organizations, the Afghani people. able rate. I will not say I am happy those were the activities going on by By the way, while I bring that up, about the speed. It is a tough job. The Saddam Hussein. what is the distinction between Af- infrastructure in Iraq has been depre- And the intelligence of countries ghanistan and Iraq? Why do I not hear ciated and dilapidated over 35 to 40 that concurred with ours. The 15 mem- from the other side of the aisle ‘‘get years of neglect. So there is old equip- bers of our intelligence community in your troops out of Afghanistan’’? The ment that does not function very well. this country, and additionally some of statement is never made. We forget Parts and materials to keep it in the other countries who concurred with about the naysayers that were here be- shape, many have to be manufactured. our intelligence were Great Britain and fore we went into Afghanistan and be- The oil fields need new wells and dis- France. France opposed our operations fore we liberated the Afghanis. There tribution systems. They need to get there, concurred with our intelligence. were plenty of naysayers. They said we their refineries up to shape. They need Germany opposed our operations and cannot go into that part of the world. a distribution system that will get that concurred with our intelligence. Russia No one has ever been able to be go into oil out of the country so they can get same story: concurred with our intel- that part of Afghanistan or even Af- some cash coming back in. ligence, opposed our operations there. ghanistan at all and be able to liberate, But Saddam Hussein, when he was in What do those three countries have invade, occupy because the terrain is power, was killing an average of 182 of in common? The answer is those three so difficult, that Mujahideen are such his own people every day. Every day on countries were three of the most vocal tough fighters. average. Hundreds of thousands of opponents to the liberalization of Iraq. So 2 months after September 11, the them have been found in mass graves. I said at the time that the decibels of American military were in there, coali- The 800,000 Swamp Arabs that were their objections to the liberation of tion forces were in there, and we still there before Saddam Hussein decided Iraq can be directly indexed to their in- heard the naysayers. But as the oper- they were an enemy of the state were terest in the oil development contracts ation got wrapped up, as there was decimated down to 220,000. Some es- that they had access to that they de- more security and more safety and caped. In the end, about a fourth of the signed with Saddam Hussein prior to votes coming along in Afghanistan population of Swamp Arabs in the area the beginning of our operations of the where people had never voted before on of the wetlands, Saddam Hussein dried liberation of Iraq.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.105 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10221 They had a vested interest in the oil endar, the effort over there has met or people come out into the streets and in Iraq. They had contracts signed with exceeded every single milestone. wave and smile. They come out and Saddam Hussein, which of course were Certainly the liberation of Iraq came wave because they are grateful to nullified by the liberation of Iraq. around a lot faster than anybody Americans for giving them a chance at Come to find out after the fact, it was thought it would. I point out to the freedom. not just legitimate oil contracts that American people that the city of Bagh- But this message that the American had them all in a dither; it was also the dad, about 5 million people, is the larg- people are getting that the credibility Oil-For-Food fraud campaign that was est city in the world, ever in the his- of the administration is not there dis- replete through those three countries, tory of the world, to be invaded and oc- appoints me a great deal. It under- a number of others besides, and cupied by a foreign power. It happened mines our American troops. It does through the United Nations itself. in the blink of a historical eye with an give aid and comfort to the enemy. It Also, the U.N. Security Council echoed extraordinarily small number of cas- encourages the enemy to attack more the congressional assessment of the ualties for a city that size. No one Americans. It is costing American threat posed by Iraq. Even the U.N. Se- quite believed on that Thursday, an lives. curity Council agreed with our intel- American armored column had gone When people come to this floor of ligence: there was a fair amount of into Baghdad, driven in and came back Congress, when they step out into a fraud going through the Oil-For-Food out, and the enemy had given up the press conference, when they speak on program. ghost and essentially disappeared. the floor of the Senate, they are viewed I have to point out George Galloway, But that is what happened. They met as quasi-leaders of the United States of as a Brit, was apparently profiting sig- that deadline. They set a new mile- America. This encourages our enemies. nificantly from Oil-For-Food, and his stone for armored columns going When I see a soldier anywhere in Amer- wife had a number of six-figure checks across the desert and for the liberation ica, particularly in my district, serve deposited in her checking account; and of 5 million people. They were way their second tour of duty, and they lost the facts are coming home to roost in ahead of the agenda, the targeted time- their life defending freedom in their the case of Mr. Galloway. table. second tour of duty, it is infuriating to So the objections to the liberation of And then we set up the CPA, the pro- me because I believe if we stuck to- Iraq, many of the countries that ob- visional authority under Paul Bremer. gether as a Nation, if we stuck by the jected had a conflict of interest. That The idea was to establish a functional deal and the agreement that this Con- vested interest reminds me of Barbara government in Iraq and be able to pass gress has when we have our vote on the Conable’s famous statement of hell that over to the Iraqis so they could floor of this Congress, when the vote hath no fury as a vested interest govern themselves. This began in goes up and men and women go to war, masquerading as a moral authority. March of 2003. March 22 was the date you stand with them, you stand beside That is what we heard prior to the Baghdad was liberated. them, you support them with every- liberation of Iraq. We know Saddam I happen to know, since I was in thing you have. That means, yes, bul- Hussein had sufficient time to shuffle Mosul sometime after that, that Gen- letproof vests; yes, armored Humvees; his weapons of mass destruction. They eral Patrais and the 101st Airborne and, yes, support and equipment and could have buried or spirited them out that liberated Mosul, they held open training and tactics and technology of the country. and free elections in May of 2003. They and great leadership. By the way, Iraq is a country where elected a governor and vice governor 2345 everybody digs holes. It looks like one and put together a government of the b big prairie dog village. That country- people by the people and for the people, But it means support the mission, side has a lot of open holes and a lot of a Kurd, and I am not sure actually of Mr. Speaker. You cannot ask a soldier things buried. We found a fully oper- the religious definition of the other in- to go to war and tell him that you do ational MiG–29 buried in the desert in dividual, but I watched them interact not support their mission. And so the Iraq. That is a whole lot bigger than with each other and I watched them do pessimism that abounds that seeks to you would need for a stockpile of the business. They brought a businessman undermine the presidency here and weapons of mass destruction. Did we that could speak English. They were seeks to establish a majority in the find it because of intelligence or we optimistic about the city of Mosul. House and the Senate in the upcoming had a metal detector or because some- In fact, when the 101st Airborne left election is all about negativism. It is body had good instincts, or because we Mosul and deployed after their year all about dragging down our foreign had some scientific way to fly over the tour of duty, the Iraqis took a boule- policy. It is all about trying to prove to top and notice the difference in the ter- vard, a broad boulevard in Mosul. And the American people that the adminis- rain? Or did somebody tip us off to find I only saw one street sign in all of tration has not been successful. that fully operational MiG–29 buried in Baghdad my first trip. Most everything But each milestone that is reached in Iraq? had been looted and stripped for the Iraq, handing over the CPA of Paul Mr. Speaker, no, we found it because metal. The one street sign in Baghdad Bremer’s over to the temporary civil- the wind blew the sand off the tail fin. was a street named Jihad. So they left ian government, that happened 2 days If there had been weapons of mass de- that up and tore down the other street early. And then they had elections, and struction inside that plane, if it just signs. the elections were there to put people filled the cockpit, that would have Go over to the city of Mosul and I did in temporarily into their temporary been plenty enough to convince even not notice any street signs there, but I parliament and the temporary par- the skeptics on the other side of the have a picture of a street sign in liament got together and they agreed aisle that the weapons of mass destruc- Mosul, that sign is 101st Airborne Air on a constitution and the constitution tion are not really the question that is Assault Division. They named that was rolled out on time. And they had before this country or the world, but a street after the 101st Airborne. And an election to ratify the constitution, red herring that is designed to throw this was not something put up by the Mr. Speaker, all in an extraordinary the American people into a frustration 101st Airborne unless they had the amount of time. with the decision-making process and same difficulty with spelling that the The United States of America de- the effort to convince Americans that Iraqis had. They misspelled ‘‘division’’ clared its independence July 4, 1776; things are going badly there. and they misspelled ‘‘assault.’’ That and yet we did not get our Constitution Whenever we lose an American, that makes it genuine in that effort. ratified until 1789, 13 years later. Now is something going very, very badly. I am quite proud of the way the it took a while to earn our freedom, I Whenever we have Americans exposed Iraqis responded to the Americans. I grant, and the war was long, and it was to enemy, we will have casualties, Mr. am proud of the way they respond to bloody, and it was costly, and it was Speaker. But when we look objectively them in most of the areas of Iraq. brutal. We have our freedom, and we at what has been accomplished in Iraq, Mr. Speaker, it is interesting to fly have our Constitution. In fact, the when we objectively look to see that over Fallujah, where we have had as Iraqis have their constitution far soon- there were milestones set on the cal- much conflict as anywhere, and see er than the American Constitution has

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.107 H15NOPT1 H10222 CONGRESSIONAL RECORD — HOUSE November 15, 2005 been established, and it is ratified by a socialism, and freedom and militant Is- hopefully is American technology cap- full vote of the Iraqi people. lamic extremism, all the same kind of ital know-how to pour into Iraq, to go Now, about 1 month from today, the class envy jealousy, the hatred that out and punch in hundreds of new oil Iraqis will go to the polls, and they will comes from the idea that if somehow wells and new pipelines and distribu- select a new parliament, and this will other people were not industrious and tion systems and refineries so that be a sovereign nation when that new did not earn a profit, somehow those that oil can pour out of that country parliament is seated. It will have all resources of the world are finite and and the money can pour in. the legitimacy of any nation that sits they will flow at random to other folks Another allegation that comes from at the United Nations today. Iraq will who do not quite try so hard or have the other side of the aisle, Mr. Speaker, be fully, fully legitimized. The vote of the technology or have not developed is that somehow we did this all for oil. the people will seat the members of the education. But this spirit of entre- But oil is something that you can pur- parliament. They will select a prime preneurship and free enterprise will es- chase on the open market around the minister and their leaders and that le- tablish itself in a strong way in Af- world. We did not go in there to steal gitimacy that is there takes them to ghanistan and in Iraq. anybody’s oil. We went in there to pro- another level. In fact, I gave a speech to the Bagh- tect that oil for the Iraqis. But this is an astonishing thing. This dad Chamber of Commerce. I did not It is absolutely clear that the oil re- is far, far more freedom, far, far closer know they had a Chamber of Com- sources of Iraq belong to the people of to establishing a functioning rule of merce. We pulled into Baghdad at the Iraq, and we protected that, preserved law than has ever been seen in that al Rashid Hotel, and they asked me if that, and we are keeping our pledge part of the world before. And the inspi- I would give a speech to them. So I said with the Iraqi people. They will de- ration for the Arab people all around yes I would. velop the oil resources with foreign Iraq that see that a nation like Iraq It was about 3:00 in the afternoon. capital and, when that happens, then can have freedom, when people breathe Walked in there, and they were getting the cash will flow into the economy free, they give inspiration to others ready to introduce me, and I said intro- and it will multiply itself over and over who see them breathe free and out of duce me to the interpreter first. That again. And Iraq becomes the lodestar that yearning will bring them to the is going to be really helpful. And they Arab nation that brings freedom to streets like it did in Lebanon. said, no, we do not have an interpreter. that part of the world. The Lebanese reached out for their You do not need an interpreter, Mr. Like, as the European, the eastern measure of freedom, and that is part of Congressman, because they all speak European nations saw, an echo of free- the inspiration of Iraq, and it is part of English here at the Baghdad Chamber dom go across eastern Europe when the wall went down on November 9, 1989, I the inspiration of Afghanistan. It is of Commerce. About 56 to 58 of them believe we will see an echo of freedom part of the inspiration that this Presi- sitting at the dinner tables. dent has laid out in an articulated way So I gave them a little speech, and go through the Arab world, probably to the world, the inspiration that we you could tell they understood English. not as dramatically, probably not as have been attacked by enemies from They laughed at the right time, and quickly, probably not as bloodlessly. without. We did nothing to provoke they smiled at the right time, and they But I believe we will see a free Arab them. They attacked us and killed ap- clapped at a time that I thought was people some time within the next generation. proximately 3,000 Americans on Sep- appropriate anyway. I was quite en- At that point, the habitat that breeds tember 11, 2001. And we went to Af- couraged at the level of interest in de- terrorists will disappear. It will not be ghanistan and liberated 25 million peo- veloping a culture of free enterprise in the culture that can create that kind ple, and we went to Iraq and liberated Iraq. of a thing. And I mean that two ways. When that speech was over, I needed 25 million people. Fifty million people But the culture of freedom does not to get on to the next meeting, but it that had not been free before in any produce a culture of terror. In fact, free was an instantaneous cluster, huddle substantive way are free today. Those people never go to war against other like, actually. They had to eventually two countries can become and I believe free people. This country has never just pull me out of this huddle. We will become the lodestar nations, the gone to war against another democ- Arab nations that can be the inspira- were passing back and forth business racy, another group of people that had tion for the rest of the Arab world. cards and writing notes and trying to an opportunity to go to the polls and The habitat that breeds terror is a find a way to connect with the inspira- select their leaders and their national habitat that breeds poverty, ignorance, tion of free enterprise that is embodied destiny. That is another known fact jealousy and hatred. That is the envi- in almost every American that walks that does not seem to get out on the ronment that is being exploited by the the streets of Baghdad or Iraq. They other side of the aisle, Mr. Speaker. wahabis and the madrassas that are look to us to be leaders in a lot of So I am optimistic about the solu- teaching this hatred in the young peo- ways, not just military but on free en- tions there. I applaud the President’s ple. And the pressure that comes on terprise capitalism perspective, and as vision and having the courage to step those countries from the measure of they continue to develop that their in and take the initiative to free 50 that kind of hatred, they are being economy will grow. million people, 50 million Arab people, taught that, somehow or another, it is It takes a level of integrity and mo- to give them an opportunity. And those part of this age-old philosophy. rality to have a functioning free enter- people will be our allies, by the way, I really do believe that if you would prise system. It works on trust is why. for a long, long time to come in a part scramble up all of our cultures and all As that trust gets built and established of the world where it is pretty impor- of our people and erase our institu- in the culture in Iraq, it is going to be tant to have those kind of allies. tional memory and toss us into a to- a stronger and stronger economy. As As I listened to some of the other la- tally new environment in a random the free enterprise economy flows out ments that were here earlier this way, some of us would wake up in the in Baghdad and the other cities in Iraq evening, the discussion about the morning and think, huh, my glass is and connects itself with the new thing Budget Reconciliation Act, the people half full, and I am going to go to work that will come, that will be available who are critical of that, of the Deficit and see if I can fill it up the rest of the for the Iraqis after December 15, when Reduction Act that we brought some way. And others, they look at their they are a truly sovereign nation in $53 billion to come out of the proposed glass and say mine is half empty and control of all of their own assets, then spending up until the year 2010, not that fellow over there, he is seeking to they will be able to sit down and nego- enough, but a start. A half of 1 percent fill his glass. If he were not doing that, tiate or have competitive bids for the of our budget is all that amounts to, mine would fill spontaneously. That is development of the oil resources in Mr. Speaker. I do not think it is very the class envy, jealousy, hatred that Iraq. hard to step up and do a very small comes. They must have that. They must half of 1 percent trim, given the kind of It has always been this conflict behave outside capital, foreign capital spending that we have had. tween freedom and communism, free- and foreign technology and foreign But the other side of the aisle does dom and fascism, freedom and national know-how, and a lot of it should be and not offer $1 in fiscally responsible cuts,

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.109 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10223 not one; and they do not offer one vote This idea that American soldiers tion to the request of the gentleman to support our fiscal responsibility, not should be, go off and fight without sup- from Iowa? one. Additionally, they demagogue the port for their mission has got to come There was no objection. very things we have done that are re- back to the people who believe some- f sponsible. how they can support our soldiers but The statement was made over here not support the mission, Mr. Speaker. LEAVE OF ABSENCE earlier tonight that we have cut $40 bil- So I just tell you that I am optimistic By unanimous consent, leave of ab- lion from the student loans and that about the future of America. I know sence was granted to: somehow it is going to come out of the our economy is strong. I am optimistic Mr. MCNULTY (at the request of Ms. students, their loans and their aid. Not. about the future of our economy. PELOSI) for today and November 16 on Not $40 billion from the student loans. I am watching a confirmation process account of a funeral in the district. The students are not going to notice begin over in the United States Senate f any difference unless there is more for Judge Alito. I think he will be the cash available, not less, because we individual that comes to the Supreme SPECIAL ORDERS GRANTED have made administrative changes, Court and begins a constitutional res- By unanimous consent, permission to changes that affect the interest rates toration process. I am looking forward address the House, following the legis- and the fees that are being charged by to that. We must restore this Constitu- lative program and any special orders the lenders. This is not going to affect tion. It has been eroded over the last 30 heretofore entered, was granted to: the students. This is reform. That is ef- to 40 years with activist judges. (The following Members (at the re- ficiency in government and efficiency The Kilo decision was the last straw quest of Ms. ZOE LOFGREN of Cali- in business. for me and a lot of us. I agreed with the fornia) to revise and extend their re- But you know the demagoguery liberals on that. I will say that the marks and include extraneous mate- again. If I was as pessimistic as this gentleman from Massachusetts and I, rial:) and if I had this philosophy, this argu- whom we most generally disagree, he Mr. HOYER, for 5 minutes, today. ment that everything is wrong and you and I agreed and spoke essentially back Mr. GEORGE MILLER of California, for cannot trust your leadership night to back here on the floor in opposing 5 minutes, today. after night after night, I think I would the Kilo decision. That is Mr. FRANK Mr. DEFAZIO, for 5 minutes, today. swim to Cuba and try to find a place from Massachusetts. When he and I Mrs. MCCARTHY, for 5 minutes, today. where I would be happy. That would be agree on a constitutional issue I am Mr. WYNN, for 5 minutes, today. my advice to the people that are here going to say and oppose the Supreme Mr. EMANUEL, for 5 minutes, today. every night tearing down the optimism Court, chances are the text of the Con- Ms. ROYBAL-ALLARD, for 5 minutes, of America, undermining the truth stitution ought to be respected. today. We will get back to that, Mr. Speak- that is America and making it difficult Ms. KAPTUR, for 5 minutes, today. er, with this confirmation of Judge for us to move forward into this bold Ms. LEE, for 5 minutes, today. Alito. The corner needs to be turned. and brave future that we need to. Mr. CUMMINGS, for 5 minutes, today. The American people need to be in- And, by the way, they have no con- Ms. WOOLSEY, for 5 minutes, today. formed on how positive things are over fidence in our economy. I would go Ms. WATSON, for 5 minutes, today. in Iraq and that our economy is strong down through the whole list of eco- (The following Members (at the re- and we are going to move forward in a nomic indicators. We have had the quest of Mr. MORAN of Kansas) to re- longest period of consistent growth bold future with a bold agenda. We need to pass this reconciliation vise and extend their remarks and in- over 3 percent for 10 consecutive quar- act so that we can offset the costs of clude extraneous material:) ters. That is the longest since for the Hurricane Katrina. I will do more. We Mr. OSBORNE, for 5 minutes, today last two decades to have that kind of need to drill for oil in ANWR. We need and November 17. growth. Unemployment is down to 5.0 to drill for natural gas and oil on our Mr. FITZPATRICK of Pennsylvania, for percent, when 5.6 is considered to be a Outer Continental Shelf and hand this 5 minutes, today. pretty good position to be in. It has future over to our children and grand- Mr. BURGESS, for 5 minutes, today. been ratcheting down. This economy children with oil supplies, good tax Mr. FORTENBERRY, for 5 minutes, No- has been creating more and more jobs. programs, a national security program, vember 16 and 17. Nearly every economic indicator is a whole package. So, Mr. Speaker, I ap- Mr. BURTON of Indiana, for 5 minutes, stronger and stronger and stronger. preciate your indulgence tonight and today and November 16, 17, and 18. That in the face of the negatives, the privilege to speak to this House. Mr. POE, for 5 minutes, today and No- that in the face of Hurricane Katrina. Mr. Speaker, I yield back the balance vember 16. This in 10 consecutive quarters of of my time. Mr. JONES of North Carolina, for 5 growth over 3 percent is after we got f minutes, November 16 and 17. hit by September 11 and the attack on Mr. KING of Iowa, for 5 minutes, No- our financial markets. It is after some PERMISSION TO HAVE UNTIL 2:00 vember 16. of the business circumstances that A.M., NOVEMBER 16, 2005 TO FILE Mr. HUNTER, for 5 minutes, today. were brought up short by this Con- CONFERENCE REPORT ON H.R. (The following Members (at their own gress, and I am pleased that they were, 3058, TRANSPORTATION, TREAS- request) to revise and extend their re- hit the markets as well. After people URY, HOUSING AND URBAN DE- marks and include extraneous mate- lost confidence in the markets, Sep- VELOPMENT, THE JUDICIARY, rial:) tember 11 came and destroyed the fi- THE DISTRICT OF COLUMBIA, Mr. MORAN of Kansas, for 5 minutes, nancial industry. We still came back AND INDEPENDENT AGENCIES today. and recovered with 10 consecutive APPROPRIATIONS ACT, 2006 Mr. PETERSON of Pennsylvania, for 5 quarters of growth over 3 percent, Mr. Mr. KING of Iowa. Mr. Speaker, I ask minutes, today. Speaker. unanimous consent that the managers Ms. PELOSI, for 5 minutes, today. So this is a strong and robust econ- on the part of the House have until 2:00 f omy, and it is a credit to the Bush tax a.m., November 16, 2005 to file the con- cuts, those tax cuts that we need to ference report to accompany H.R. 3058, ENROLLED BILL SIGNED make permanent, the extra resources, making appropriations for the Depart- Mr. Trandahl, Clerk of the House, re- the billions of dollars that we have in ments of Transportation, Treasury, ported and found truly enrolled a bill our Treasury today because we had the and Housing and Urban Development, of the House of the following title, courage to cut taxes so our economy the Judiciary, District of Columbia, which was thereupon signed by the could grow and create jobs. That is the and independent agencies for the fiscal Speaker: kind of vision that is sorely lacking on year ending September 30, 2006, and for H.R. 2419. An act making appropriations the other side. They are good at criti- other purposes. for energy and water development for the fis- cizing, but I am waiting for a positive The SPEAKER pro tempore (Mr. ING- cal year ending September 30, 2006, and for agenda, Mr. Speaker. LIS of South Carolina). Is there objec- other purposes.

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.110 H15NOPT1 H10224 CONGRESSIONAL RECORD — HOUSE November 15, 2005 BILL PRESENTED TO THE Areas for Air Quality Planning Purposes; In- from New Motor Vehicles; Revisions to PRESIDENT diana; Redesignation of Greene County and Motor Vehicle Diesel Fuel Sulfur Transition Jackson County 8-hour Ozone Nonattain- Provisions; and Technical Amendments to Jeff Trandahl, Clerk of the House re- ment Areas to Attainment for Ozone [R05- the Highway Diesel, Nonroad Diesel, and ports that on November 10, 2005, he pre- OAR-2005-IN-0009; FRL-7995-9] received No- Tier 2 Gasoline Programs [OAR-2005-0153; sented to the President of the United vember 8, 2005, pursuant to 5 U.S.C. FRL-7996-9] (RIN: 2060-AJ71) received Novem- States, for his approval, the following 801(a)(1)(A); to the Committee on Energy and ber 14, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); bill. Commerce. to the Committee on Energy and Commerce. 5199. A letter from the Principal Deputy 5207. A letter from the Principal Deputy H.R. 3057. Department of State, Foreign Associate Administrator, Environmental Associate Administrator, Environmental Operations, and Related Programs Appro- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- priations Act, 2006. cy’s final rule — Approval and Promulgation cy’s final rule — Determination of Attain- f of State Implementation Plans for Air Qual- ment, Approval and Promulgation of Imple- ity Planning Purposes; California — South mentation Plans and Designation of Areas ADJOURNMENT Coast and Coachella [CA-314-0483; FRL-7975-7] for Air Quality Planning Purposes; Indiana; Mr. KING of Iowa. Mr. Speaker, I received November 8, 2005, pursuant to 5 Redesignation of Delaware County to Attain- move that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on En- ment of the 8-Hour Ozone Standard [R05- ergy and Commerce. OAR-2005-IN-0008; FRL-7997-8] received The motion was agreed to; accord- 5200. A letter from the Principal Deputy Novemebr 14, 2005, pursuant to 5 U.S.C. ingly (at midnight), the House ad- Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Energy and journed until today, Wednesday, No- Protection Agency, transmitting the Agen- Commerce. vember 16, 2005, at 10 a.m. cy’s final rule — Designation of Areas for Air 5208. A letter from the Principal Deputy Quality Planning Purposes; Arizona; Correc- Associate Administrator, Environmental f tion of Boundary of Phoenix Metropolitan 1- Protection Agency, transmitting the Agen- EXECUTIVE COMMUNICATIONS, Hour Ozone Nonattainment Area [OAR-2005- cy’s final rule — Final Rule to Implement ETC. 0150a; FRL-7995-3] received November 8, 2006, the 8-Hour Ozone National Ambient Air pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Quality Standard — Phase 2; Final Rule to Under clause 8 of rule XII, executive mittee on Energy and Commerce. Implement Certain Aspects of the 1990 communications were taken from the 5201. A letter from the Principal Deputy Amendments Relating to New Source Review Speaker’s table and referred as follows: Associate Administrator, Environmental and Prevention of Significant Deterioration Protection Agency, transmitting the Agen- as they Apply in Carbon Monoxide, Particu- 5191. A letter from the Principal Deputy cy’s final rule — Interim Final Determina- late Matter and Ozone NAAQS; Final Rule Associate Administrator, Environmental tion to Stay and/or Defer Sanctions, Pinal for Reformulated Gasoline [OAR 2003-0079; Protection Agency, transmitting the Agen- County Air Quality Control District [R09- FRL-7996-8] (RIN: 2060-AJ99) received Novem- cy’s final rule — 2-Bromo-2-Nitro-1, 3- OAR-2005-AZ-0007, FRL-7994-6] received No- ber 14, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Propanediol (Bronopol); Exemptions from vember 8, 2005, pursuant to 5 U.S.C. to the Committee on Energy and Commerce. the Requirement of a Tolerance [OPP-2005- 801(a)(1)(A); to the Committee on Energy and 5209. A letter from the Principal Deputy 0280; FRL-7743-5] received November 8, 2005, Commerce. Associate Administrator, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5202. A letter from the Principal Deputy Protection Agency, transmitting the Agen- mittee on Agriculture. Associate Administrator, Environmental cy’s final rule — National Emission Stand- 5192. A letter from the Principal Deputy Protection Agency, transmitting the Agen- ards for Hazardous Air Pollutnats for Brick Associate Administrator, Environmental cy’s final rule — Revisions to the Require- and Structural Clay Products Manufac- Protection Agency, transmitting the Agen- ments on Variability in the Composition of turing: Reconsideration [OAR-2002-0054; cy’s final rule — Flucarbazone-sodium; Additives Certified Under the Gasoline De- FRL-7997-9] (RIN: 2060-AM94) received No- Time-Limited Pesticide Tolerance [OPP- posit Control Program; Final Rule [OAR- vember 14, 2005, pursuant to 5 U.S.C. 2005-0254; FRL-7740-8] received November 8, 2004-0029; FRL-7996-2] (RIN: 2060-AK62) re- 801(a)(1)(A); to the Committee on Energy and 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived Novemebr 8, 2005, pursuant to 5 U.S.C. Commerce. Committee on Agriculture. 801(a)(1)(A); to the Committee on Energy and 5210. A letter from the Chief, Policy and 5193. A letter from the Principal Deputy Commerce. Rules Division, Federal Communications Associate Administrator, Environmental 5203. A letter from the Principal Deputy Commission, transmitting the Commission’s Protection Agency, transmitting the Agen- Associate Administrator, Environmental final rule — Amendment of Part 2 of the cy’s final rule — S-metolachlor; Pesticide Protection Agency, transmitting the Agen- Commission’s Rules to Allocate Spectrum Tolerance Technical Correction [OPP-2004- cy’s final rule — Approval and Promulgation Below 3 GHz for Mobile and Fixed Services to 0326; FRL-7741-7] received November 14, 2005, of Air Quality Implementation Plans; Mary- Support the Introduction of New Advanced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- land; Metropolitan Washington D.C. 1-Hour Wireless Services, including Third Genera- mittee on Agriculture. Ozone Attainment Plan, Lifting of Earlier tion Wireless Systems [ET Docket No. 00-258] 5194. A letter from the Principal Deputy Rules Resulting in Removal of Sanctions and received October 27, 2005, pursuant to 5 Associate Administrator, Environmental Federal Implementation Clocks [RME NO. U.S.C. 801(a)(1)(A); to the Committee on En- Protection Agency, transmitting the Agen- R03-OAR-2004-MD-0010; FRL-7997-5] received ergy and Commerce. cy’s final rule — Sulfosulfuron; Pesticide November 14, 2005, pursuant to 5 U.S.C. 5211. A letter from the Legal Advisor to the Tolerances for Emergency Exemptions [OPP- 801(a)(1)(A); to the Committee on Energy and Bureau Chief, Media Bureau, Federal Com- 2005-0270; FRL-7740-1] received November 14, Commerce. munications Commission, transmitting the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5204. A letter from the Principal Deputy Commission’s final rule — Amendment of Committee on Agriculture. Associate Administrator, Environmental Section 73.202(b) Table of Allotments, FM 5195. A letter from the Under Secretary for Protection Agency, transmitting the Agen- Broadcast Stations. (Goldendale, Wash- Acquisition, Technology and Logistics, De- cy’s final rule — Approval and Promulgation ington) [MB Docket No. 05-8; RM-11142]; partment of Defense, transmitting the Se- of State Air Quality Plans for Designated (Port Angeles, Washington) [MB Docket No. lected Acquisition Reports (SARs) for the Facilities and Pollutants, Commonwealth of 05-11; RM-11144]; (Ty Ty, Georgia) [MB Dock- quarter ending September 30, 2005, pursuant Virginia; Control of Emissions From Hos- et No. 05-12; RM-11145] received October 27, to 10 U.S.C. 2432; to the Committee on Armed pital/Medical/Infectious Waste Incinerator 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. Units; Correction [VA139-5073a; FRL-7997-6] Committee on Energy and Commerce. 5196. A letter from the Chairman and Presi- received November 14, 2005, pursuant to 5 5212. A letter from the Legal Advisor to the dent, Export-Import Bank, transmitting a U.S.C. 801(a)(1)(A); to the Committee on En- Bureau Chief, Media Bureau, Federal Com- report on transactions involving U.S. exports ergy and Commerce. munications Commission, transmitting the to Qatar pursuant to Section 2(b)(3) of the 5205. A letter from the Principal Deputy Commission’s final rule — Amendment of Export-Import Bank Act of 1945, as amended; Associate Administrator, Environmental Section 73.202(b) Table of Allotments, FM to the Committee on Financial Services. Protection Agency, transmitting the Agen- Broadcast Stations. (Cameron and 5197. A letter from the Chairman and Presi- cy’s final rule — Control of Air Pollution Hackberry, Louisiana) [MB Docket NO. 05- dent, Export-Import Bank, transmitting a From Aircraft and Aircraft Engines; Emis- 138; RM-11162; RM-11266] received October 27, report on transactions involving U.S. exports sion Standards and Test Procedures [OAR- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the to Mexico pursuant to Section 2(b)(3) of the 2002-0030; FRL-7997-3] (RIN: 2060-AK01) re- Committee on Energy and Commerce. Export-Import Bank Act of 1945, as amended; ceived November 14, 2005, pursuant to 5 5213. A letter from the Legal Advisor to the to the Committee on Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- Bureau Chief, Media Bureau, Federal Com- 5198. A letter from the Principal Deputy ergy and Commerce. munications Commission, transmitting the Associate Administrator, Environmental 5206. A letter from the Principal Deputy Commission’s final rule — Amendment of Protection Agency, transmitting the Agen- Associate Administrator, Environmental Section 73.202(b), Table of Allotments, FM cy’s final rule — Approval and Promulgation Protection Agency, transmitting the Agen- Broadcast Stations. (Glenville, Clyde, and of Implementation Plans and Designation of cy’s final rule — Control of Air Pollution Weaverville, North Carolina and Tazewell,

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.042 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10225 Tennessee) [MB Docket No. 02-352; RM-10602; 5224. A letter from the President, John F. By Mr. LANTOS (for himself and Mr. RM-10776; RM-10777] received October 27, Kennedy Center for the Performing Arts, SMITH of New Jersey): 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the report due on October 31, H.R. 4319. A bill to provide assistance for Committee on Energy and Commerce. 2005 of the John F. Kennedy Center for the small and medium enterprises in sub-Saha- 5214. A letter from the Assistant Legal Ad- Performing Arts, pursuant to 20 U.S.C. 76l(c); ran African countries, and for other pur- viser for Treaty Affairs, Department of to the Committee on Transportation and In- poses; to the Committee on International State, transmitting Copies of international frastructure. Relations, and in addition to the Committee agreements, other than treaties, entered into 5225. A letter from the Chairman, Labor on Ways and Means, for a period to be subse- by the United States, pursuant to 1 U.S.C. Member, Management Member, Railroad Re- quently determined by the Speaker, in each 112b(a); to the Committee on International tirement Board, transmitting the Board’s case for consideration of such provisions as Relations. 2005 report for the fiscal year ended Sep- fall within the jurisdiction of the committee 5215. A letter from the Director, Defense tember 30, 2004, pursuant to section 7(b)(6) of concerned. Security Cooperation Agency, transmitting the Railroad Retirement Act and section By Mr. OXLEY (for himself and Mr. pursuant to the reporting requirements of 12(l) of the Railroad Unemployment Insur- FRANK of Massachusetts): Section 36(b)(1) of the Arms Export Control ance Act; jointly to the Committees on H.R. 4320. A bill to restore the financial Act, as amended, Transmittal No. 06-07, con- Transportation and Infrastructure and Ways solvency of the national flood insurance pro- cerning the Department of the Air Force’s and Means. gram, and for other purposes; to the Com- proposed Letter(s) of Offer and Acceptance to 5226. A letter from the Admiral, United mittee on Financial Services. the Taipei Economic and Cultural Rep- States Coast Guard, Department of Home- By Mr. TANCREDO (for himself, Mr. resentative Office for defense articles and land Security, transmitting a copy of a draft HAYWORTH, and Mr. GOODE): services; to the Committee on International bill, ‘‘To implement Annex VI to the Inter- H.R. 4321. A bill to repeal the amendment Relations. national Convention for the Prevention of made by section 796 of the Agriculture, Rural 5216. A letter from the Acting Assistant Pollution from Ships, 1973, as amended by Development, Food and Drug Administra- Secretary for Legislative Affairs, Depart- the Protocol of 1978 relating thereto.’’; joint- tion, and Related Agencies Appropriations ment of State, transmitting the Depart- ly to the Committees on Transportation and Act, 2006, exempting from harboring sanc- ment’s annual report of the activities of the Infrastructure, Armed Services, and the Ju- tions compensation for alien volunteers for United Nations and of the participation of diciary. certain religious organizations; to the Com- the United States during the calendar year f mittee on the Judiciary. 2004; to the Committee on International Re- By Mr. POMBO (for himself and Mr. lations. REPORTS OF COMMITTEES ON RAHALL): 5217. A letter from the Chief Human Cap- PUBLIC BILLS AND RESOLUTIONS H.R. 4322. A bill to provide for Indian trust ital Officer, Corporation for National and asset management reform and resolution of Community Service, transmitting a report Under clause 2 of rule XIII, reports of historical accounting claims, and for other pursuant to the Federal Vacancies Reform committees were delivered to the Clerk purposes; to the Committee on Resources. Act of 1998; to the Committee on Govern- for printing and reference to the proper By Mr. THOMAS: ment Reform. calendar, as follows: H.R. 4323. A bill to amend the Internal Rev- 5218. A letter from the Attorney Advisor, enue Code of 1986 to extend certain expiring Department of Transportation, transmitting Mr. POMBO: Committee on Resources. provisions, to provide certain hurricane-re- a report pursuant to the Federal Vacancies H.R. 326. A bill to amend the Yuma Crossing lated tax relief, and for other purposes; to Reform Act of 1998; to the Committee on National Heritage Area Act of 2000 to adjust the Committee on Ways and Means. Government Reform. the boundary of the Yuma Crossing National 5219. A letter from the Chief Administra- Heritage Area and to extend the authority of By Mr. SHUSTER (for himself, Ms. tive Officer, United States Capitol Police, the Secretary of the Interior to provide as- NORTON, Mr. YOUNG of Alaska, and transmitting the semiannual report of resistance under that Act: with amendments Mr. OBERSTAR): ceipts and expenditures of appropriations (Rept. 109–294). Referred to the Committee of H.R. 4324. A bill to amend the Robert T. and other funds for the period April 1, 2005 the Whole House on the State of the Union. Stafford Disaster Relief and Emergency As- through September 30, 2005 as compiled by Mr. LINCOLN DIAZ-BALART of Florida. sistance Act to reauthorize the predisaster the Chief Administrative Officer, pursuant to Committee on Rules. House Resolution 553. mitigation program, and for other purposes; Public Law 109–55, section 1005; (H. Doc. No. Resolution providing for consideration of the to the Committee on Transportation and In- 109–69); to the Committee on House Adminis- bill (H.R. 1065) to establish the United States frastructure. tration and ordered to be printed. Boxing Commission to protect the general By Mr. WELLER (for himself, Mr. 5220. A letter from the Under Secretary for welfare of boxers and to ensure fairness in HONDA, Mr. DOOLITTLE, and Mr. Emergency Preparedness and Response, De- the sport of professional boxing (Rept.109– SWEENEY): partment of Homeland Security, transmit- 295). Referred to the House Calendar. H.R. 4325. A bill to amend the Internal Rev- ting notification that funding under Title V, Mr. BOEHLERT: Committee on Science. enue Code of 1986 to allow a credit against subsection 503(b)(3) of the Robert T. Stafford House Resolution 515. Resolution of inquiry income for certain education and training Disaster Relief and Emergency Assistance requesting the President of the United expenses, and for other purposes; to the Com- Act, as amended, has exceeded $5 million for States to provide to the House of Represent- mittee on Ways and Means. the response to the emergency declared as a atives certain documents in his possession By Mrs. JO ANN DAVIS of Virginia result the influx of evacuees from areas relating to the anticipated effects of climate (for herself and Mr. SCOTT of Vir- struck by Hurricane Katrina beginning on change on the coastal regions of the United ginia): August 29, 2005 in the State of Minnesota; to States; adversely (Rept. 109–296). Referred to H.R. 4326. A bill to authorize the Secretary the Committee on Transportation and Infra- the House Calendar. of the Navy to enter into a contract for the nuclear refueling and complex overhaul of structure. f 5221. A letter from the Secretary, Depart- the U.S.S. Carl Vinson (CVN-70); to the Com- ment of Transportation, transmitting the PUBLIC BILLS AND RESOLUTIONS mittee on Armed Services. Department’s eigth report to Congress and Under clause 2 of rule XII, public By Mr. ANDREWS (for himself and Mr. sixth report to the President entitled, ‘‘The bills and resolutions were introduced PLATTS): National Initiative for Increasing Safety H.R. 4327. A bill to authorize the Secretary Belt Use, Buckle Up America Campaign’’; to and severally referred, as follows: of State to deny a passport to a noncustodial the Committee on Transportation and Infra- By Mr. PETERSON of Pennsylvania parent who is the subject of an outstanding structure. (for himself and Mr. ABERCROMBIE): State warrant of arrest for nonpayment of 5222. A letter from the Secretary, Depart- H.R. 4318. A bill to terminate the effect of child support and to deny a passport to a ment of Transportation, transmitting the all provisions of Federal law that prohibit custodial parent who is likely to remove a Department’s summary and detailed break- the expenditure of appropriated funds to con- child from the United States to prevent con- down of the disability-related complaints duct natural gas leasing and preleasing ac- tact permitted between the child and the that U.S. and foreign passenger carriers op- tivities for any area of the Outer Continental noncustodial parent; to the Committee on erating to and from the U.S. received during Shelf, to terminate all withdrawals of Fed- International Relations. the 2004 calendar year, pursuant to section eral submerged lands of the Outer Conti- By Mr. ANDREWS: 707 of the Wendell H. Ford Aviation Invest- nental Shelf from leasing for exploration for, H.R. 4328. A bill to amend title II of the So- ment and Reform Act for the 21st Century; and development and production of, natural cial Security Act to restore child’s insurance to the Committee on Transportation and In- gas, and for other purposes; to the Com- benefits in the case of children who are 18 frastructure. mittee on Resources, and in addition to the through 22 years of age and attend postsec- 5223. A letter from the Administrator, Gen- Committees on Energy and Commerce, and ondary schools; to the Committee on Ways eral Services Administration, transmitting Education and the Workforce, for a period to and Means. an informational copy of a Report of Build- be subsequently determined by the Speaker, By Mr. ANDREWS: ing Project Survey for Lancaster, PA, pursu- in each case for consideration of such provi- H.R. 4329. A bill to amend the Davis-Bacon ant to 40 U.S.C. 606(a); to the Committee on sions as fall within the jurisdiction of the Act to provide that a contractor under that Transportation and Infrastructure. committee concerned. Act who has repeated violations of the Act

VerDate Aug 31 2005 04:39 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L15NO7.000 H15NOPT1 H10226 CONGRESSIONAL RECORD — HOUSE November 15, 2005 shall have its contract with the United By Mr. STUPAK: Jersey, relative to Assembly Resolution No. States canceled and to require the disclosure H.R. 4336. A bill to designate the visitor 282 memorializing the Congress of the United under freedom of information provisions of center and other related facilities at the States to authorize National Guard members Federal law of certain payroll information U.S.S. Arizona Memorial in Hawaii as the to enroll in Department of Defense managed under contracts subject to the Davis-Bacon ‘‘Pearl Harbor Memorial Site‘‘; to the Com- health care program; to the Committee on Act; to the Committee on Education and the mittee on Resources. Armed Services. Workforce, and in addition to the Committee By Mr. ORTIZ (for himself, Ms. PELOSI, 198. Also, a memorial of the Legislature of on Government Reform, for a period to be Mrs. NAPOLITANO, Mr. STARK, Ms. ZOE the State of Texas, relative to House Concur- subsequently determined by the Speaker, in LOFGREN of California, Ms. LINDA T. rent Resolution 37 urging the Congress of the each case for consideration of such provi- SA´ NCHEZ of California, Mr. HINOJOSA, United States to increase the presence of the sions as fall within the jurisdiction of the Mr. GRIJALVA, Ms. SOLIS, Mr. Centers for Disease Control and Prevention committee concerned. SERRANO, Mr. BECERRA, Mr. SALAZAR, in Texas, improve coordination of Centers By Mr. MARIO DIAZ-BALART of Flor- Ms. LORETTA SANCHEZ of California, for Disease Control and Prevention programs ida (for himself, Mr. PUTNAM, Ms. Mr. MENENDEZ, Mr. COSTA, Mr. BACA, with those operated by the Texas Depart- ROS-LEHTINEN, Mr. FOLEY, Ms. Mr. PASTOR, Mr. CARDOZA, Mr. GON- ment of State Health Services, and increase WASSERMAN SCHULTZ, Mr. LINCOLN ZALEZ, Mr. REYES, Ms. VELA´ ZQUEZ, the amount of federal resources coming into DIAZ-BALART of Florida, Ms. CORRINE Ms. HARMAN, Mr. HONDA, Mr. LANTOS, Texas from the Centers for Disease Control BROWN of Florida, Mr. MILLER of Mrs. DAVIS of California, Mr. BER- and Prevention; to the Committee on Energy Florida, Mr. BONNER, Mr. SHAW, Ms. MAN, Mr. SCHIFF, Mr. FARR, Mr. WAX- and Commerce. HARRIS, and Mr. MEEK of Florida): MAN, Ms. MATSUI, Ms. LEE, Mr. 199. Also, a memorial of the Legislature of H.R. 4330. A bill to provide assistance to GEORGE MILLER of California, Mrs. the State of Texas, relative to Senate Con- agricultural producers whose operations CAPPS, Mr. HASTINGS of Florida, Mr. current Resolution 6 urging the Congress of were severely damaged by the hurricanes of AL GREEN of Texas, Mr. MCDERMOTT, the United States to enact legislation estab- 2005; to the Committee on Agriculture, and Ms. WATSON, Ms. ESHOO, Mr. SMITH of lishing a domestic energy policy that will in addition to the Committees on the Budg- Washington, Ms. MILLENDER-MCDON- ensure an adequate supply of natural gas, et, Ways and Means, and Resources, for a pe- ALD, Mr. SHERMAN, Mrs. TAUSCHER, the appropriate infrastructure, and a con- riod to be subsequently determined by the Mr. GUTIERREZ, Mr. CONYERS, Mr. certed national effort to promote greater en- Speaker, in each case for consideration of UDALL of New Mexico, Mrs. JONES of such provisions as fall within the jurisdic- ergy efficiency and that will open promising Ohio, Ms. DELAURO, Mr. HOLT, and tion of the committee concerned. new areas for environmentally responsible Mr. DREIER): natural gas protection; to the Committee on By Miss MCMORRIS (for herself, Mr. H. Con. Res. 297. Concurrent resolution Energy and Commerce. SMITH of Washington, Mr. SIMPSON, honoring the life and expressing the deepest 200. Also, a memorial of the General As- Mr. OTTER, Mr. REICHERT, Mr. DICKS, condolences of Congress on the passing of sembly of the State of New Jersey, relative and Mr. WALDEN of Oregon): H.R. 4331. A bill to provide for a Medicaid Edward Roybal, former United States Con- to Assembly Resolution No. 227 urging the demonstration project for chronic disease gressman; to the Committee on House Ad- Congress of the United States to support the management; to the Committee on Energy ministration. Passaic River Restoration Iniative; to the and Commerce. By Mr. SHAW: Committee on Transportation and Infra- By Mr. PETERSON of Minnesota (for H. Con. Res. 298. Concurrent resolution structure. supporting the goals and ideals of National himself, Mr. COSTA, Mr. SALAZAR, Mr. 201. Also, a memorial of the Legislature of Lung Cancer Awareness Month and express- HOLDEN, Mr. BUTTERFIELD, Mr. the State of Texas, relative to Senate Con- ing the sense of the Congress that the Fed- ETHERIDGE, Ms. HERSETH, Mr. BACA, current Resolution 2 urging the Congress of eral commitment to lung cancer research Mr. SCOTT of Georgia, Mr. MCINTYRE, the United States to enact legislation to pro- and earlier detection must be significantly Mr. DAVIS of Tennessee, Mr. POM- vide for federal deployment of the Strategic increased; to the Committee on Energy and EROY, Mr. MELANCON, Mr. CUELLAR, National Stockpile within Mexico, provided Commerce. Mr. MARSHALL, Mr. BARROW, and Mr. that the Mexican government approves said By Mr. THOMPSON of California (for BOSWELL): requests pursuant to treaties and other H.R. 4332. A bill to provide for an auto- himself, Mr. CUNNINGHAM, Ms. agreement with the United States; jointly to matic one-year extension of the authoriza- SLAUGHTER, and Mrs. BONO): the Committees on Energy and Commerce tions of appropriations and direct spending H. Con. Res. 299. Concurrent resolution ex- and International Relations. programs of the Farm Security and Rural In- pressing the sense of Congress that the lead- 202. Also, a memorial of the Legislature of vestment Act of 2002 and to provide for an ers of Congress and other legislative branch the State of Texas, relative to House Concur- additional one-year extension if imple- offices should work together to establish and rent Resolution 166 urging the Congress of menting legislation is not submitted with re- implement a coordinated program for the the United States to increase funding to the spect to the Doha Development Round of reuse, recycling, and appropriate disposal of fully authorized level and include advance World Trade Organization negotiations by obsolete computers and other electronic funds for the Low Income Home Energy As- January 15, 2008, and for other purposes; to equipment used by offices of the legislative sistance Program and to pursue a more equi- the Committee on Agriculture. branch; to the Committee on House Adminis- table funding allocation formula for the pro- By Mr. SANDERS: tration. gram; jointly to the Committees on Energy H.R. 4333. A bill to require the Adminis- By Ms. BALDWIN: and Commerce and Education and the Work- trator of the Environmental Protection H. Res. 552. A resolution recognizing the force. Agency to establish performance standards 50th Anniversary of the Crop Science Society for fine particulates for certain pulp and of America; to the Committee on Agri- f paper mills, and for other purposes; to the culture. ADDITIONAL SPONSORS Committee on Energy and Commerce. By Mr. PAYNE (for himself and Mr. By Mr. SHAW (for himself, Mr. FOLEY, WYNN): Under clause 7 of rule XII, sponsors Ms. ROS-LEHTINEN, Mr. HASTINGS of H. Res. 554. A resolution urging the Gov- were added to public bills and resolu- Florida, Mr. LINCOLN DIAZ-BALART of ernment of the Gabonese Republic to hold tions as follows: Florida, Mr. MARIO DIAZ-BALART of orderly, peaceful, and free and fair presi- H.R. 23: Mr. MURTHA and Mr. MICA. Florida, Mr. WEXLER, Ms. HARRIS, dential elections in November 2005; to the H.R. 111: Mr. MELANCON. Ms. GINNY BROWN-WAITE of Florida, Committee on International Relations. H.R. 114: Mr. SHERMAN. Mr. MACK, Mr. BILIRAKIS, Mr. MILLER By Mr. WALSH (for himself, Mr. NEAL H.R. 303: Mr. WALDEN of Oregon. of Florida, Ms. WASSERMAN SCHULTZ, of Massachusetts, Mr. KING of New H.R. 408: Mr. SCHIFF. Ms. CORRINE BROWN of Florida, Mr. York, Mr. CROWLEY, Mrs. MCCARTHY, H.R. 500: Mr. ROYCE. CRENSHAW, Mr. PUTNAM, and Mr. Mr. MCCOTTER, Mr. HIGGINS, Mr. H.R. 503: Mr. OWENS. DAVIS of Florida): SWEENEY, and Mr. PAYNE): H.R. 4334. A bill to provide emergency tax H. Res. 555. A resolution expressing support H.R. 562: Mr. FITZPATRICK of Pennsylvania. relief for persons affected by Hurricane for the Good Friday Agreement of 1998 as the H.R. 586: Mr. KING of Iowa. Wilma; to the Committee on Ways and blueprint for lasting peace in Northern Ire- H.R. 602: Mr. WALDEN of Oregon, Mr. Means, and in addition to the Committee on land; to the Committee on International Re- FITZPATRICK of Pennsylvania, and Mr. KUHL the Budget, for a period to be subsequently lations. of New York. determined by the Speaker, in each case for H.R. 633: Mr. PASTOR and Mr. KENNEDY of f consideration of such provisions as fall with- Rhode Island. in the jurisdiction of the committee con- MEMORIALS H.R. 669: Mr. PASCRELL. cerned. H.R. 676: Ms. CORRINE BROWN of Florida. By Mr. SPRATT: Under clause 3 of rule XII, memorials H.R. 713: Mr. WAMP. H.R. 4335. A bill to extend the temporary were presented and referred as follows: H.R. 752: Mr. BUTTERFIELD and Mr. BROWN suspension of duty on Fluorobenzene; to the 197. The SPEAKER presented a memorial of Ohio. Committee on Ways and Means. of the General Assembly of the State of New H.R. 817: Mr. CASTLE.

VerDate Aug 31 2005 05:50 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\L15NO7.100 H15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — HOUSE H10227

H.R. 972: Mr. DAVIS of Illinois, Mrs. CROMBIE, MS. MCCOLLUM of Minnesota, Mr. H. Con. Res. 235: Mrs. MALONEY. SCHMIDT, Mr. SNYDER, and Mr. WAXMAN. HIGGINS, Mr. UDALL of New Mexico, Mr. H. Con. Res. 268: Mr. ISSA, Mr. FERGUSON, H.R. 986: Mr. SHUSTER. HINOJOSA, Mr. LYNCH, Ms. MILLENDER- Ms. ZOE LOFGREN of California, Mr. HAYES, H.R. 1070: Mrs. SCHMIDT. MCDONALD, Mr. MEEK of Florida, Mr. SCOTT and Mr. POMBO. H.R. 1071: Mr. INSLEE. of Virginia, Mr. MARKEY, Mr. ORTIZ, Mr. H. Con. Res. 275: Mr. TERRY, Mr. H.R. 1105: Mr. OTTER. GUTIERREZ, Mr. DOYLE, Mr. KENNEDY of MCCOTTER, Mr. WILSON of South Carolina, H.R. 1141: Mr. SHUSTER, Mr. PLATTS, and Rhode Island, and Mr. LANGEVIN. and Mr. SCHIFF. Mr. COOPER. H.R. 3883: Mr. HAYWORTH, Mr. PRICE of H. Con. Res. 280: Mr. MCGOVERN, Mr. H.R. 1144: Mr. BROWN of Ohio, Mr. WEXLER, North Carolina, Mr. DEFAZIO, Mr. ROGERS of FALEOMAVAEGA, Mr. DELAHUNT, Ms. and Mr. GRIJALVA. Alabama, Mr. BOSWELL, and Mr. DANIEL E. WASSERMAN SCHULTZ, Mr. MCCOTTER, and H.R. 1241: Mr. MOORE of Kansas. LUNGREN of California. Mr. SOUDER. H.R. 1259: Mr. HIGGINS, Mr. SNYDER, Mr. H.R. 3889: Mr. GOODLATTE, Mr. CRAMER, Mr. H. Con. Res. 284: Mr. ENGEL, Mr. NORWOOD, WAXMAN, Mr. LANTOS, Mr. TANNER, Mr. MOORE of Kansas, Mr. PICKERING, and Ms. Mr. SHIMKUS, Mrs. MALONEY, and Mr. GUTIERREZ, Mr. NADLER, and Ms. HART. PRYCE of Ohio. WELDON of Pennsylvania. H.R. 1286: Mr. CALVERT. H.R. 3915: Mr. JEFFERSON. H. Con. Res. 287: Mr. BARROW, Mrs. CAPPS, H.R. 1288: Mr. NUSSLE. H.R. 3944: Ms. MILLENDER-MCDONALD and Mr. WEXLER, Mr. LARSON of Connecticut, Mr. H.R. 1290: Mr. JEFFERSON. Mr. KILDEE. VAN HOLLEN, Mr. SABO, Ms. SLAUGHTER, Ms. H.R. 1352: Mr. PETERSON of Minnesota. H.R. 3949: Mr. HASTINGS of Florida and Mr. CORRINE BROWN of Florida, Mr. BUTTERFIELD, H.R. 1356: Mr. MOORE of Kansas. BARTLETT of Maryland. and Mr. ROTHMAN. H.R. 1402: Mr. SWEENEY and Ms. HARRIS. H.R. 3964: Mr. MORAN of Virginia. H. Con. Res. 288: Ms. DELAURO, Mr. SCOTT H.R. 1425: Mr. MCNULTY. H.R. 4005: Mr. RUPPERSBERGER, Mr. of Virginia, Mrs. MALONEY, Mr. KENNEDY of H.R. 1595: Mr. AL GREEN of Texas. GRIJALVA, Mr. WEXLER, Mr. WYNN, and Mr. Rhode Island, and Mr. HONDA. H.R. 1668: Mr. ORTIZ and Mr. MCGOVERN. ETHERIDGE. H. Con. Res. 292: Mr. SANDERS. H.R. 1790: Mr. MANZULLO. H.R. 4015: Mr. FLAKE. H. Con. Res. 294: Mr. TANCREDO, Mr. PAYNE, H.R. 1951: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4025: Mr. UDALL of New Mexico, Mr. Ms. ROS-LEHTINEN, Mr. FALEOMAVAEGA, Mr. fornia, Mr. TANCREDO, and Mr. SCHIFF. STUPAK, Mr. BOSWELL, Ms. MCKINNEY, Mr. CROWLEY, Mr. CHABOT, Mr. MEEKS of New H.R. 1957: Mr. SHADEGG. GRIJALVA, Mr. OWENS, Mr. ORTIZ, Ms. KIL- York, Mr. ENGEL, Mr. ROYCE, Mr. CARDOZA, H.R. 2014: Mr. ENGLISH of Pennsylvania. PATRICK of Michigan, Mrs. MCCARTHY, and Mr. BERMAN, Mr. MCCOTTER, Mr. ACKERMAN, H.R. 2048: Mr. MILLER of Florida, Mr. DEAL Mr. STRICKLAND. Mr. RYAN of Ohio, Mr. MARKEY, Mrs. MCCAR- of Georgia, and Mr. FOSSELLA. H.R. 4032: Mr. KING of Iowa, Mr. GUT- THY, Mr. JONES of North Carolina, Mr. H.R. 2076: Mr. SCHWARZ of Michigan. KNECHT, Mr. ROHRABACHER, Mr. ISSA, Mr. LYNCH, Mr. SULLIVAN, Mr. DANIEL E. LUN- H.R. 2134: Mr. SANDERS. CHABOT, Mrs. MYRICK, Mr. MCCAUL of Texas, GREN of California, Mr. VAN HOLLEN, Mr. H.R. 2328: Mr. NEAL of Massachusetts. Mr. NEUGEBAUER, Mr. PENCE, Mr. FRANKS of Arizona, Mr. MCGOVERN, Mr. H.R. 2355: Mr. POMBO and Mr. CALVERT. HENSARLING, Mr. WESTMORELAND, and Mr. SAXTON, Mr. GINGREY, and Mr. GRIJALVA. H.R. 2471: Mr. SHAYS. BARTLETT of Maryland. H. Res. 97: Mr. RENZI and Mr. MARSHALL. H.R. 2594: Mr. LEWIS of Georgia. H.R. 4039: Ms. BALDWIN. H. Res. 123: Mr. HAYES. H.R. 2617: Mr. MEEKS of New York. H.R. 4049: Mr. THOMPSON of California. H. Res. 196: Mr. RYAN of Ohio, Mr. SAND- H.R. 2652: Mr. ISTOOK. H.R. 4104: Mr. PAUL and Mr. JEFFERSON. ERS, and Mr. OWENS. H.R. 2717: Mr. MCHUGH, Mr. MENENDEZ, and H.R. 4126: Mr. RANGEL. H. Res. 297: Mr. WALDEN of Oregon. Ms. JACKSON-LEE of Texas. H.R. 4145: Mr. BARROW, Mr. SANDERS, Mr. H. Res. 325: Ms. LEE. H.R. 2892: Mr. CUMMINGS and Mr. SANDERS. PALLONE, Mr. BERRY, Ms. BERKLEY, Mr. BOS- H. Res. 430: Mr. ISTOOK. H.R. 2989: Mrs. JOHNSON of Connecticut, WELL, Mr. FRANK of Massachusetts, Mr. MOL- H. Res. 438: Mr. MEEKS of New York and Mr. PLATTS, and Mr. SHUSTER. LOHAN, Mr. BLUMENAUER, Mr. PASCRELL, Ms. Mr. SCHIFF. H.R. 3195: Mr. PALLONE and Mr. WEXLER. HARMAN, Mr. VAN HOLLEN, Mr. ENGEL, Mr. H. Res. 458: Ms. MOORE of Wisconsin and H.R. 3255: Mr. THOMPSON of California. SHERMAN, Mr. SPRATT, Mrs. CAPPS, Mr. Mr. MOORE of Kansas. H.R. 3312: Ms. MCCOLLUM of Minnesota. STRICKLAND, Ms. BALDWIN, Mr. MARKEY, Ms. H. Res. 487: Mr. CALVERT, Mr. H.R. 3334: Mr. HINCHEY, Mr. BISHOP of Geor- BORDALLO, Mr. UDALL of Colorado, and Mr. FALEOMAVAEGA, Mr. KUHL of New York, Mr. gia, Mr. COOPER, and Mr. MCGOVERN. BRADY of Pennsylvania. RADANOVICH, Mr. MEEKS of New York, and H.R. 3361: Mr. HOLT, Mr. MEEHAN, Ms. H.R. 4183: Mr. BRADY of Pennsylvania and Mr. INSLEE. SCHAKOWSKY, and Mr. DENT. Mr. HINCHEY. H. Res. 500: Mr. CALVERT, Mr. JOHNSON of H.R. 3401: Mr. KUHL of New York. H.R. 4184: Mr. BRADY of Pennsylvania, Mr. Illinois, Mr. MCGOVERN, Mr. WEXLER, and H.R. 3427: Mr. KUHL of New York. HINCHEY, Mr. ENGEL, and Mr. PETERSON of Mr. CRENSHAW. H.R. 3476: Mr. WYNN and Mr. CARDIN. Minnesota. H. Res. 517: Mr. HINCHEY. H.R. 3616: Mr. WYNN, Mr. RUPPERSBERGER, H.R. 4200: Mr. CRENSHAW, Mr. SMITH of H. Res. 519: Mr. SPRATT and Mr. BARRETT Mr. MENENDEZ, Mr. MARKEY, Mr. GERLACH, Texas, Mr. PITTS, Mr. BISHOP of Georgia, and of South Carolina. Mr. OWENS, Mr. STRICKLAND, Mr. DELAHUNT, Mr. MATHESON. H. Res. 526: Mr. MOORE of Kansas. Mr. JEFFERSON, and Mr. COOPER. H.R. 4223: Ms. NORTON, Mrs. CHRISTENSEN, H. Res. 529: Mr. SHIMKUS, Mr. CROWLEY, Mr. H.R. 3626: Mr. MATHESON and Mr. CANNON. Ms. VELA´ ZQUEZ, Mr. BARROW, Mr. CLEAVER, STEARNS, Mr. FERGUSON, Mr. LARSEN of H.R. 3640: Mr. HINOJOSA, Mr. CLAY, Mrs. and Mr. BISHOP of New York. Washington, Mr. SIMMONS, Mr. GARY G. MIL- MCCARTHY, Mr. BERMAN, Mr. GUTIERREZ, Mr. H.R. 4239: Mr. LARSEN of Washington, Mr. LER of California, Mr. LANTOS, Mr. BERMAN, CLYBURN, Mr. MCGOVERN, Mr. BUTTERFIELD, HALL, and Mr. KUHL of New York. Mr. TERRY, Mr. ROHRABACHER, Ms. HART, Mr. Mr. MARKEY, and Mr. JEFFERSON. H.R. 4263: Mr. MCGOVERN. COSTELLO, Mr. CHANDLER, Mr. INSLEE, Mr. H.R. 3641: Ms. DEGETTE. H.R. 4272: Mr. PAUL, Ms. SCHAKOWSKY, and ROTHMAN, Mr. BASS, Mr. THOMPSON of Cali- H.R. 3642: Mr. CLAY, Mr. HINOJOSA, Mr. Mr. DEFAZIO. fornia, and Mrs. JO ANN DAVIS of Virginia. MCGOVERN, Mr. FITZPATRICK of Pennsyl- H.R. 4293: Mr. MCGOVERN and Mr. PAYNE. H. Res. 535: Mr. AL GREEN of Texas, Mr. vania, Mr. BUTTERFIELD, and Ms. SOLIS. H.R. 4300: Mr. WALSH. PITTS, Ms. BERKLEY, Mr. BISHOP of New H.R. 3680: Mr. BOREN. H.R. 4306: Mr. PENCE. York, Mr. SCOTT of Georgia, Mr. DOYLE, Mr. H.R. 3704: Mr. GORDON. H.J. Res. 38: Mr. MICHAUD. BLUMENAUER, Mr. PALLONE, Mr. BAIRD, Mr. H.R. 3709: Mr. LAHOOD, Mr. SCHWARZ of H.J. Res. 70: Mr. WEXLER, Mr. MEEKS of BURTON of Indiana, Mr. MEEKS of New York, Michigan, Mr. MCGOVERN, Mr. MORAN of Vir- New York, and Mrs. CAPPS. and Mr. SCHIFF. ginia, Mr. DOOLITTLE, Mr. KING of Iowa, Mr. H. Con. Res. 40: Mr. KENNEDY of Rhode Is- H. Res. 546: Mr. MCINTYRE, Mr. SMITH of GINGREY, Mr. SAM JOHNSON of Texas, Mrs. land. New Jersey, Mr. ROTHMAN, and Mr. MCHUGH. MUSGRAVE, Mr. NEUGEBAUER, Mr. ROHR- H. Con. Res. 42: Mr. BAKER. H. Res. 547: Mr. WELDON of Florida. ABACHER, and Mr. PALLONE. H. Con. Res. 88: Mr. MCGOVERN, Mr. CLEAV- H.R. 3717: Mr. CARTER. ER, Mr. OBERSTAR, and Mr. VAN HOLLEN. f H.R. 3748: Ms. KILPATRICK of Michigan and H. Con. Res. 137: Mr. CONYERS. Mr. MCGOVERN. H. Con. Res. 173: Mr. LIPINSKI and Ms. LEE. DELETIONS OF SPONSORS FROM H.R. 3795: Mr. GRIJALVA, Ms. JACKSON-LEE H. Con. Res. 190: Mr. PAYNE, Mr. PEARCE, PUBLIC BILLS AND RESOLUTIONS of Texas, and Mr. BUTTERFIELD. and Mr. WILSON of South Carolina. Under clause 7 of rule XII, sponsors H.R. 3861: Mr. HONDA, Mr. HINCHEY, Mr. H. Con. Res. 197: Mr. LARSEN of Wash- DAVIS of Florida, Mr. MEEHAN, Ms. ington. were deleted from public bills and reso- WASSERMAN SCHULTZ, Mrs. JONES of Ohio, H. Con. Res. 230: Mr. POMBO, Mr. MORAN of lutions as follows: Mr. OWENS, Mr. BUTTERFIELD, Mr. ABER- Virginia, and Ms. NORTON. H.R. 3385: Mr. LEVIN.

VerDate Aug 31 2005 05:44 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.057 H15NOPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, NOVEMBER 15, 2005 No. 151 Senate The Senate met at 9:45 a.m. and was appoint the Honorable DAVID VITTER, a Sen- other conference reports I mentioned called to order by the Honorable DAVID ator from the State of Louisiana, to perform yesterday, the PATRIOT Act, as well VITTER, a Senator from the State of the duties of the Chair. as the pension bill under an agreement Louisiana. TED STEVENS, now being negotiated. That is the pen- President pro tempore. sion bill. PRAYER Mr. VITTER thereupon assumed the If we use all of this time wisely we chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- can get through our remaining busi- fered the following prayer: f ness in this week. I hope we can work Let us pray. RECOGNITION OF THE MAJORITY together during these final days so we O God our saviour, You faithfully an- LEADER do not have to work into Saturday or swer our prayers with awesome deeds. longer to complete the items that re- You formed the mountains with Your The ACTING PRESIDENT pro tem- main. We will have to gauge our power and quieted the raging ocean. pore. The majority leader is recog- progress over the next 24 to 48 hours in Today, bless us with the trans- nized. that regard, and I urge everyone to forming impact of Your presence. May f keep a flexible schedule over the next several days. this walk with You strengthen us to SCHEDULE live blameless lives that honor Your I yield the floor. name. Mr. FRIST. Mr. President, this morn- Mr. REID. I suggest the absence of a Bless our Senators. Give them the ing, following leader remarks we will quorum. courage to speak the truth from sin- begin a 30-minute period for morning The ACTING PRESIDENT pro tem- cere hearts. Keep their hearts in tune business. That will be followed by an pore. The clerk will call the roll. with You. Help them to labor to bring additional 30-minute period of time The legislative clerk proceeded to life and health where there is death which has been set aside for closing recall the roll. and despair. marks on the Defense authorization Mr. REID. Mr. President, I ask unan- Deliver us all from persistent sins bill. At approximately 10:50 or so this imous consent that the order for the and make us Your faithful followers. morning we are scheduled to begin a quorum call be rescinded. We pray in Your loving Name. Amen. series of votes which will end with a The ACTING PRESIDENT pro tem- vote on passage of the Defense author- pore. Without objection, it is so or- f ization bill. Those stacked votes in- dered. PLEDGE OF ALLEGIANCE clude the Warner amendment on Iraq; a f Levin amendment on Iraq; Senator The Honorable DAVID VITTER led the BINGAMAN’s second-degree amendment RESERVATION OF LEADER TIME Pledge of Allegiance as follows: relating to detainees; Senator The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the GRAHAM’s underlying amendment on pore. Under the previous order, the United States of America, and to the Repub- lic for which it stands, one nation under God, detainees, and then final passage of the leadership time is reserved. indivisible, with liberty and justice for all. bill. Therefore, we should complete our f work on the Defense bill by the start of f our policy lunch recess. MORNING BUSINESS APPOINTMENT OF ACTING Yesterday, I mentioned the many The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE items that we will need to consider pore. Under the previous order, there prior to adjourning for Thanksgiving. The PRESIDING OFFICER. The will be a period for the transaction of The tax reconciliation bill may be clerk will please read a communication morning business for up to 30 minutes, available as early as later today, and to the Senate from the President pro with the first half of the time under we will proceed to that bill under the the control of the Democratic leader or tempore (Mr. STEVENS). statutory time limit as soon as pos- The legislative clerk read the fol- his designee and the second half of the sible. We will know a little bit later lowing letter: time under the control of the majority this morning. leader or his designee. U.S. SENATE, We will continue to expedite consid- The Senator from Colorado is recog- PRESIDENT PRO TEMPORE, Washington, DC, November 15, 2005. eration of the other appropriations nized. To the Senate: conference reports as they arrive at the Mr. SALAZAR. Mr. President, I yield Under the provisions of rule I, paragraph 3, desk and we can clear them with short the floor for a unanimous consent re- of the Standing Rules of the Senate, I hereby time agreements. We will also consider quest by my colleague from Oklahoma.

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

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VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.000 S15NOPT1 S12774 CONGRESSIONAL RECORD — SENATE November 15, 2005 The ACTING PRESIDENT pro tem- Carter today in 2005 sound hollow be- face for sure is due in part to dwindling pore. The Senator from Oklahoma is cause there has not been action to fol- resources in America. Domestic re- recognized. low the words that have come out of serves of oil and natural gas are declin- f Washington. I am sure both President ing although our demand continues to Nixon, if he were alive today, and grow. However, the reality is that CHANGE OF VOTE President Carter today would be frus- there has been a deliberate unwilling- Mr. INHOFE. Mr. President, I thank trated with the refusal by Washington, ness to address this problem in Amer- the Senator from Colorado for yielding. the refusal by the White House, to ica. On rollcall vote No. 307, I was recorded move this great Nation toward energy As proof, the average American vehi- as voting yea. I voted no. Therefore, I independence. cle gets fewer miles per gallon today ask unanimous consent that the offi- I, too, am tired of this talk, and I be- than it did in 1988. That is right. Even cial record be corrected to accurately lieve many of my colleagues in this though transportation fuels represent reflect my vote. This will in no way Chamber are tired of this talk. I am about two-thirds of our demand for pe- change the outcome of the vote. tired of the maneuvering of Congress to troleum products, our current fuel The ACTING PRESIDENT pro tem- protect the special interests, and it is economy is worse today than it was 17 pore. Without objection, it is so or- time for us to take action. years ago. According to EPA esti- dered. The facts do not lie about the na- mates, back in 1988 passenger vehicles The Senator from Colorado. tional energy crisis that we are in and in America had an average fuel econ- f how we are being held hostage to the omy of 26 miles per gallon. Today, in whims of foreign governments. The the midst of this national crisis, we ENERGY INDEPENDENCE: A 21ST conclusion is inescapable when one re- have 50 million more passenger vehi- CENTURY IMPERATIVE views the facts. Let me review just a cles on the road and the average fuel Mr. SALAZAR. Mr. President, I rise few of those important facts. One, economy has declined to less than 24 today to discuss an urgent problem Americans today consume one-quarter miles per gallon. That is going in the that continues to confront this great of the world’s oil, but we only stand on wrong direction. How is it possible that Nation. The problem is simply stated. top of about 3 percent of the global re- the world’s biggest economy with the Today, America is held hostage to our serves. So we consume one-quarter of world’s best scientists and engineers, overdependence on foreign oil. That de- the world’s oil, but we only have 3 per- we, the United States of America, are pendency is continuing to grow at an cent of the world’s reserves. doing worse today on fuel economy ever-alarming rate. America deserves Currently, the OPEC member coun- than we were 17 years ago? better. tries produce about 40 percent of the We find ourselves in this mess be- The problem is a result of the malig- world’s oil, but they hold 80 percent of cause we have not taken our energy nant neglect of the United States of a the proven world reserves. That is a consumption problem seriously. Since meaningful national energy policy for second fact that should be alarming to most of the known oil reserves lie in the last three decades. From the for- us because 85 percent of those reserves one specific region of the world, the mation of OPEC and President Carter’s are in the greater Middle East in coun- Middle East, our addiction to foreign national statement that we must em- tries such as Iraq, Iran, and Saudi Ara- oil means that we will continue to be brace energy independence with ‘‘the bia. held hostage to the whims of despotic moral imperative of war,’’ Washington Third, 22 percent of the world’s oil is or increasingly unstable regimes. Omi- has been stuck in the swamp of inac- in the hands of state sponsors of ter- nously, the money we pay today for tion. It is time to change this neglect rorism under U.S. or U.N. sanction, and foreign oil helps pay for the activities and, for the sake of ourselves and for only 9 percent of the world’s oil is in of extremists and terrorists around the our children, find our way out of this the hands of free countries. world who hate the United States and swamp of inaction. Today, as we debate the Department the West in general. We only need to Ever since 1970, America’s domestic of Defense authorization bill to make recall the horrors of 9/11 to know how production of oil has been dropping. sure that we remain a strong America, real that hatred is. And ever since, many speeches have this ought to be something in the back Even worse, the money pit grows been given in Washington about the of our minds and in the front of our deeper because we as a world consume importance of achieving energy inde- minds, that we cannot really have a more oil and that oil becomes more ex- pendence. Many of us remember the strong America unless we address this pensive and the money that keeps some speeches of Richard Nixon and Presi- most fundamental national security of these regimes in place gets more dent Carter in the 1970s and the 1980s. threat of our overdependence on for- concentrated in the hands of these few In 1973, following the formation of eign oil. countries. So, yes, America is held hos- OPEC, President Nixon gave a speech In the 1970s, this Nation imported tage and in a tighter and tighter grip. to the Nation where he said: about a third of our oil needs. Today, There is only one way for us to fix our overall objective . . . can be summed up we import almost 60 percent, and the this. America must stop the rhetoric, in one word that best characterizes this Na- projections are that 20 to 25 years from and we must embrace a true imperative tion and its essential character. The word is now we will be importing 70 percent of of energy independence. ‘‘independence.’’ our oil from foreign countries. I wish to say a word about the work Then again in 1980, President Carter Fifth, we are importing more oil at a of this body, this Congress, in the last spoke to the Congress at his State of time when other growing nations such year with the Energy Policy Act of the Union address. In that speech, as China continue to grow in their im- 2005. I wish to say two things about President Carter said: portation of oil from other countries. that legislation. It was the first time Our excessive dependence on foreign oil is China, today, has become the No. 2 pe- in 13 years that any significant energy a clear and present danger to our Nation’s troleum user on the entire globe. Ex- legislation came out of Washington, security. The need has never been more ur- perts predict that China’s 1.2 billion DC, again, demonstrating the malig- gent. At long last, we must have a clear, people and its large and rapidly grow- nant neglect. There are two important comprehensive energy policy for the United ing demand for oil will have serious lessons we should take from the act. States. implications for the United States and The first is it was a good template of That was President Jimmy Carter in for oil prices and supplies at home. bipartisan cooperation. In this body, 1980. Well, here we are in 2005 and the Fully one-quarter of the U.S. trade with more than 80 votes, Republicans Nation has miserably failed to achieve deficit today—those of us like my col- and Democrats coming together saying any meaningful reform and any league from Oklahoma who is here we need to embrace a new National En- progress toward energy independence. today, who is concerned about the ergy Policy Act, we are making a Instead, we have retreated and gone growing deficits that we have in Amer- statement that this is an important backward. We have become more de- ica today, understand that one-quarter issue for the American people. We pendent on imports of foreign oil. The of the U.S. trade deficits are associated ought to find more places where the words of President Nixon and President with oil imports. The problem that we American people can get that kind of

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.002 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12775 bipartisan action on the part of the suggest we start in the following three front of the work of this Senate and Senate, the Congress. ways. this Congress. Second, the Energy Policy Act of 2005 First, we should embrace a national In conclusion, this country has an did some good things in making us price-gouging law. That is a law which Energy bill and it is a good first step. move forward toward energy independ- was discussed by Senator BINGAMAN However, the Energy Policy Act of 2005 ence. It embraced an ethic of energy and Senator STEVENS in a hearing that does not do enough to prepare America conservation, of which all of us should was held in the Senate last week. The for the future. The events of the last be proud, and included in that are effi- oil companies should have nothing to several months prove that. We can do ciency standards for the 14 appliances be afraid of with respect to price better with a more comprehensive that are most commonly used in our gouging because they say they have long-term energy policy that hammers homes. That is an important step for not engaged in price gouging. But we home on two simple points: energy effi- the United States of America to take need to have a definition of what price ciency and developing renewable re- because we know from the experts at gouging is so in the future we can sources. America can do better. Amer- the Department of Energy that we cur- make the determinations as to whether ica deserves better. America can do rently waste about 62 percent of the en- price gouging has occurred on the better with true deeds that move us to ergy we consume. backs of the American people. We energy independence, with deeds that Second, the 2005 Energy Policy Act ought to be able to pass a price- transcend the rhetoric of Washington also took some major steps forward gouging law in America today. and the stalemate of Washington for with regard to renewable energy. We Second, we need to immediately em- the last 30 years. embraced an ethic that said we can brace conservation emergency efforts I yield the floor. The ACTING PRESIDENT pro tem- start growing our way toward energy for the year 2005 and for this winter. pore. The Senator from Oklahoma is The years of malignant neglect have independence. We increased the recognized. amount of ethanol that will be pro- suddenly caught up with all of us, and duced in America so we will have 7.5 we need to conserve energy for this f billion gallons of ethanol being pro- winter. I believe we need to pass an A REAL WAR duced by 2012. That is only 5 years Emergency Energy Conservation Act of Mr. COBURN. Mr. President, I come away. That will be very helpful to us as 2005. I have promoted a number of pro- to the floor today because, as I travel we move toward energy independence. posals on the floor of the Senate, as around Oklahoma, one of the things I Third, the new technologies that have several of my colleagues. On the find is a lack of recognition of the war were embraced in this law are impor- House side, the story is the same. we are in, why we are there, what the tant. When we look at the possibility There are many good ideas available to problems are associated with it. Every of coal gasification, we know the huge this Congress that will encourage con- one of us has a heavy heart for the fact reserves we have in America can be servation. But we do not have time to that we now have troops committed used in a way to help us fill up that wait. We need to act now, before the and dying and sacrificing every day in menu board that we must fill up if we cold days of winter are upon us. the war on terrorism. are going to find our way toward en- Finally, we need to continue to put As I thought about what to say to my ergy independence. the spotlight on the possibilities and constituents in Oklahoma but also to Finally, there are approaches in the opportunities of renewable energy. the American people, I found that I legislation that will help us with the Today, the nation of Brazil produces could not say it as well as retired MG balanced development of our current about half of its energy supply from re- Vernon Chong of the U.S. Air Force. I natural resources, including the appro- newable energy. They have truly em- wish to read, for a few moments, a priate development of oil shale within braced and achieved a goal of energy commentary he has written, dated Oc- my State of Colorado. independence. If Brazil and other coun- tober 1, 2005. If you would indulge me While I have been a fan of our 2005 tries that are less prosperous, Third to read that, I think it will give us legislation, I believe there is more that World countries, can in fact achieve some enlightenment to where we are. we must do to set America free from energy independence by looking at re- He says: the overdependence on foreign oil. We newable fuels, why can’t we in the To get out of a difficulty, one usually must need to do more. There is a hard winter United States do the same? I believe we go through it. Our country is now facing the ahead for many Americans. Gas prices can. More production of renewable most serious threat to its existence, as we know it, that we have faced in your lifetime remain very high. Diesel prices remain fuels combined with more development and mine (which includes WWII). even higher. This directly affects the of wind, solar, biomass, and other re- The deadly seriousness is greatly com- pocketbooks of people across America. newable resources will move the United pounded by the fact that there are very few In Colorado, as across the Nation, States closer to energy independence. of us who think we can possibly lose this high fuel prices affect everyone, and At the same time, renewable energy war, and even fewer who realize what losing they also hit our agricultural pro- really means. production will directly benefit those First, let’s examine a few basics. When did ducers and perhaps hit them the hard- agricultural and rural communities the threat to us start? Many will say Sep- est. Farming and ranching equipment hardest hit by high energy prices. Har- tember 11, 2001. The answer, as far as the uses diesel fuel. When you have to tend vesting renewable energy from our Na- United States is concerned, is 1979—22 years to hundreds of acres, you use a lot of it. tion’s farmlands and wide open spaces prior to September 2001—with the following Americans are in for a one-two punch is perhaps the most important oppor- attacks on us: on energy prices this winter because Iran Embassy Hostages, 1979; Beirut, Leb- tunity to come to rural America in the anon, Embassy, 1983; Beirut, Lebanon, Ma- home heating prices are going to be last 50 years. rine Barracks, 1983; Lockerbie, Scotland, high as well. The cost of natural gas is A group called the Energy Future Co- Pan-Am flight to New York, 1988; First New at an unprecedented level and, similar alition, composed of leading conserv- York World Trade Center attack, 1993; to the high prices at the pump, the re- atives and leading progressives—from Dhahran, Saudi Arabia, Khobar Towers Mili- sulting high heating costs will affect across the political spectrum—is work- tary complex, 1996; Nairobi, Kenya, U.S. Em- every American. We should take ac- ing toward harvesting 25 percent of bassy, 1998; Dares Salaam, Tanzania, U.S. tion. America’s energy demands by the year Embassy, 1998; Aden, Yeman, USS Cole, 2000; New York, World Trade Center, 2001; Pen- Back in August I remember traveling 2025. I believe we can do even better tagon, 2001; and Shanksville, Pennsylvania, around in places where I saw gas prices than that, and there are experts within Plane Crash, 2001 hit $3 for the first time around. Yet the Department of Energy who believe Why were we attacked: Envy of our posi- through the ravages of Katrina and that we can do that. tion, our success, and our freedoms. The at- Rita and the escalation of gas prices There is a lot of work ahead of us as tacks happened during the administration of over the last several months, we in we deal with what I believe is one of Presidents Carter, Reagan, Bush, Clinton, and Bush. We cannot fault either the Repub- Congress have had a few hearings but the two most important domestic licans or Democrats, as there were no provo- we have not taken action to deal more issues that face America and that is cations by any of the Presidents or their im- effectively with the crisis at hand. We energy and how we get to energy inde- mediate predecessors, Presidents Ford or must do more. We must begin now. I pendence. It ought to be at the fore- Carter.

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.004 S15NOPT1 S12776 CONGRESSIONAL RECORD — SENATE November 15, 2005 Who were the attackers? In each case, the The Muslims [Islamo-fascists] fully know Compare this with some of our press and attacks on the U.S. were carried out by Mus- what is riding on this war, and therefore, are politicians, who, for several days, have lins. What is the Muslim population of the completely committed to winning, at any thought and talked about nothing else but World? Twenty-five percent. Isn’t the Muslin cost. We better know it too, and be likewise the ‘‘humiliating’’ of some Muslim pris- Religion peaceful? Hopefully, but that is committed to winning at any cost. oners—not burning them, not dragging their really not material. There is no doubt that Why do I go on at such lengths about the charred corpses through the streets, not be- the predominantly Christian population of results of losing? Simple. Until we recognize heading them, but ‘‘humiliating’’ them. Germany was peaceful, but under the dic- the costs of losing, we cannot unite, and Can this be for real? tatorial leadership of Hitler (who was also really put 100 percent of our thoughts and ef- If this doesn’t show the complete lack of Christian), that made no difference. You ei- forts into winning. And, it is going to take comprehension and understanding of the se- ther went along with the administration, or that 100 percent effort to win. riousness of the enemy we are fighting, the you were eliminated. So, how can we lose the war? life and death struggle we are in, and the dis- Although Hitler kept the world focused on Again, the answer is simple. We can lose astrous results of losing this war, nothing the Jews, he had no hesitancy about killing the war by ‘‘imploding.’’ That is, defeating can. anyone who got in his way of exterminating ourselves, by refusing to recognize the To bring our country to a virtual political the Jews, or of taking over the world—Ger- enemy and their purpose, and really digging standstill over this prisoner issue makes us man, Christian, or any others. in and lending full support to the war effort. look like Nero playing his fiddle, as Rome Same with the Muslim terrorists. They If we are united, there is no way that we can burned—totally oblivious to what is going on focus the attention of the world on the U.S., lose. If we continue to be divided, there is no in the real world. Neither we, nor any other but kill all in the way—their own people, or way that we can win! country, can survive this internal strife. the Spanish, French, or anyone else. The Let me give you a few examples of how we Again I say, this does not mean that some point here, is that just like the peaceful Ger- simply don’t comprehend the life-and-death of our politicians or media people are dis- mans were of no protection to anyone from seriousness of this situation. loyal. It simply means that they are abso- the Nazis, no matter how many peaceful President Bush selects Norman Mineta as lutely oblivious to the magnitude of the situ- Muslins there may be, they are no protection Secretary of Transportation. Although all of ation we are in, and into which the Muslim for us from the terrorist Muslim leaders, and the terrorist attacks were committed by terrorists have been pushing us, for many what they are fanatically bent on doing—by Muslim men between 17 and 40 years of age, years. their own pronouncements—killing all of us Secretary Mineta refuses to allow profiling. Remember, the Muslim terrorists’ stated ‘‘infidels.’’ I don’t blame the peaceful Mus- Does that sound like we are taking this goal is to kill all infidels! That translates lins. What would you do—if the choice was thing seriously? into all non-Muslims—not just in the United shut up, or die? This is war! For the duration, we are going States, but throughout the world. So who are we at war with? There is no to have to give up some of the civil rights we We are the last bastion of defense. way we can honestly respond that it is any- have become accustomed to. We had better We have been criticized, for many years, as one other than the Muslim terrorists. Trying be prepared to lose some of our civil rights being ‘‘arrogant.’’ That charge is valid, in at to be politically correct, and avoid verbal- temporarily, or we will most certainly lose least one respect. We are arrogant in that we izing this conclusion can well be fatal. There all of them, permanently. believe that we are so good, powerful, and is no way to win, if you don’t clearly recog- And, don’t worry that it is a slippery slope. smart; that we can win the hearts and minds nize, and articulate who you are fighting. We gave up plenty of civil rights during of all those who attack us; and that with So with that background, now to the two WWII, and immediately restored them after both hands tied behind our back, we can de- major questions: Can we lost this war? What the victory, and in fact, added many more feat anything bad in the world. does losing really mean? If we are to win, we since then. We can’t. If we don’t recognize this, our Nation as we must clearly answer these two pivotal ques- Do I blame President Bush or President know it, will not survive, and no other free tions. Clinton before him? We can definitely lose this war, and as No, I blame us for blithely assuming we country in the world will survive, if we are anomalous as it may sound, the major rea- can maintain all of our Political Correct- defeated. son we can lose is that so many of us simply And finally, name any Muslim countries ness, and all of our civil rights during this do not fathom the answer to the second ques- throughout the world that allow freedom of conflict, and have a clean, lawful, honorable tion—‘‘What does losing mean?’’ speech, freedom of thought, freedom of reli- war. None of those words apply to war. Get It would appear that a great many of us gion, freedom of the press, equal rights for think that losing the war means hanging our them out of your head. Some have gone so far in their criticism of anyone—let alone everyone, equal status, or heads, bringing the troops home, and going the war and/or the Administration that it al- any status for women. on about our business, like post-Vietnam. This has been a long way of saying that we most seems they would literally like to see This is as far from the truth as one can get. must be united on this war, or we will be us lose. I hasten to add that this isn’t be- What losing really means is: We would no equated in the history books to the self-in- cause they are disloyal. It is because they longer be the premier country in the world. flicted fall of the Roman Empire. If, that is, don’t recognize what losing means. Never- The attacks will not subside, but rather will the Muslim leaders will allow history books theless, that conduct gives the impression to steadily increase. Remember, they want us to be written, or read. dead, not just quiet. If they had just wanted the enemy that we are divided and weak- Democracies don’t have their freedoms us quiet, they would not have produced an ening. It concerns our friends, and it does taken away from them by some external increasing series of attacks against us, over great damage to our cause. military force. Instead, they give their free- the past 18 years. The plan was clearly, for Of more recent vintage, the uproar fueled doms away, politically correct piece by po- terrorists to attack us, until we were the politicians and media regarding the litically correct piece. neutered, and submissive to them. treatment of some prisoners of war, perhaps And, they are giving those freedoms away We would, of course, have no future sup- exemplifies best what I am saying. to those who have shown, worldwide, that port from other nations, for fear of reprisals, We have recently had an issue, involving they abhor freedom, and will not apply it to and for the reason that they would see that the treatment of a few Muslim prisoners of you, or even to themselves, once they are in we are impotent, and cannot help them. war, by a small group of our military police. power. They will pick off the other non-Muslim By the way, all of those have gone to They have universally shown that when nations, one at a time. It will be increasingly trial or are going to trial, and will be they have taken over, they then start bru- easier for them. They already hold Spain punished. tally killing each other, over who will be the hostage. It doesn’t matter whether it was few who control the masses. Will we ever right or wrong for Spain to withdraw its Again, these are MG Chong’s words: stop hearing from the politically correct, troops from Iraq. Spain did it because the These are the type of prisoners, who just a about the ‘‘peaceful Muslims’’? Muslim terrorists bombed their train, and few months ago, were throwing their own I close on a hopeful note, by repeating told them to withdraw the troops. Anything people off buildings, cutting off their hands, what I said above. If we are united, there is else they want Spain to do, will be done. cutting out their tongues, and otherwise no way that we can lose. I hope the factions The next will probably be France. Our one murdering their own people, just for dis- in our country will begin to focus on the hope on France is that they might see the agreeing with Saddam Hussein. critical situation we are in, and will unite to light and realize that if we don’t win, they And just a few years ago, these same types save our country. It is your future we are are finished too, in that they can’t resist the of prisoners chemically killed 400,000 of their talking about! Do whatever you can to pre- Muslim terrorists without us. However, it own people for the same reason. They are serve it. may already be too late for France. also the same type of enemy fighters who re- After reading the above, we all must do If we lose the war, our production, income, cently were burning Americans, and drag- this not only for ourselves, but our children, exports, and way of life will all vanish, as we ging their charred corpses through the our grandchildren, our country, and the know it. After losing, who would trade or streets of Iraq. World. deal with us, if they are threatened by the And still more recently, the same type of Whether Democrat or Republican, conserv- Muslims? enemy that was, and is, providing videos to ative or liberal, and that includes the politi- If we can’t stop the Muslims, how could all news sources internationally, of the be- cians and media of our country, and the free anyone else? heading of American prisoners they held. World!

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.006 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12777 Those are the words of retired MG mous consent that be the order in dle East and indeed our coalition part- Vernon Chong, U.S. Air Force. which votes be taken. ners. We have to be extremely careful I think it brings to mind the very im- The ACTING PRESIDENT pro tem- in the formulation of those words and portant facts that face us today. We pore. Is there objection? messages so they are not misconstrued. are at war. The war is real. The threats Mr. LEVIN. Mr. President, that I feel, with all due respect to the to our country and to our freedom are would be acceptable, indeed, and I amendment originally drawn by my real. We must come together as a na- think preferable from every perspec- colleague from Michigan and others, tion and recognize this threat, or we tive. It is our understanding there is a that the last paragraph phrases a time- stand to lose the very principles, the suggestion to that effect from the Re- table of withdrawal requiring the very freedom, we each cherish so much. publican side. Whether it is from the President to file a report every 90 days I yield the floor. Republican side or our side, I think it giving specific dates and other factors. is wise. I accept the suggestion and do That is the major change between f so with thanks to my good friend from these two amendments. The amend- CONCLUSION OF MORNING Virginia. ment of the Senator from Virginia BUSINESS The ACTING PRESIDENT pro tem- strikes that last paragraph. I will go pore. Without objection, it is so or- into further detail momentarily as to The ACTING PRESIDENT pro tem- exactly why. We made the effort to pore. Morning business is now closed. dered. Mr. WARNER. Mr. President, to in- have a bipartisan amendment. It is for- f form the Senate, there are two amend- ward-looking. Again, it is my intention to have the NATIONAL DEFENSE AUTHORIZA- ments. Basically, as we will explain amendment on this side of the aisle not TION ACT FOR FISCAL YEAR 2006 momentarily, the amendments are almost identical except in three areas. contain any language that could be The ACTING PRESIDENT pro tem- They are important areas, and we will misconstrued as a timetable which pore. Under the previous order, the go into that in some detail here in a could establish and set up a fragile sit- Senate will resume consideration of S. uation, particularly on the eve of an- moment. 1042, which the clerk will report. The Levin amendment will go first, other election on December 15. The assistant legislative clerk read I thank my distinguished colleague and ours will go second. There will be as follows: from Michigan. I commend him for votes on both amendments. much of the language he included in A bill (S. 1042) to authorize appropriations We had the option to draw up an en- the amendment. I was privileged to for fiscal year 2006 for military activities of tirely different amendment, to go into the Department of Defense, for military con- draw on it. However, it sends that mes- struction, and for defense activities of the many ramifications and many issues sage on which we have absolute unity Department of Energy, to prescribe per- that we feel very strongly about on to the Iraqi people: We mean business. sonnel strengths for such fiscal year for the this side of the aisle. I take the respon- We have done our share. Now the chal- Armed Forces, and for other purposes. sibility. Or if anyone wishes to share it lenge is up to you. Pending: with me, they may well do so. I felt I yield the floor. Graham amendment No. 2515, relating to that it is so critical at this point in The ACTING PRESIDENT pro tem- the review of the status of detainees of the history with regard to the United pore. The Senator from Michigan. United States Government. States policy towards Iraq, together Mr. LEVIN. I yield myself 1 minute, Warner/Frist amendment No. 2518, to clar- with our coalition forces, that the ex- and then I will yield to Senator KEN- ify and recommend changes to the policy of tent to which the Senate could speak NEDY. the United States on Iraq and to require re- with one voice had great merit. There- I thank the Senator from Virginia for ports on certain matters relating to Iraq. fore, essentially on this side we looked his words. There is no timetable for Levin amendment No. 2519, to clarify and at the amendment of the Senator from withdrawal in the last paragraph. I, recommend changes to the policy of the like him, urge Members to read that United States on Iraq and to require reports Michigan and made, in my judgment, on certain matters relating to Iraq. several minor modifications and one paragraph. It simply says that the Bingaman amendment No. 2523 (to amend- very significant modification. That is same type of schedule which we all ment No. 2515), to provide for judicial review the standing. agreed to in paragraph 6 should also be of detention of enemy combatants. As Senators vote, they will note the proposed with an estimated schedule Graham amendment No. 2524 (to amend- similarity between these amendments. relative to phased withdrawal if—if— ment No. 2515), in the nature of a substitute. But I felt the Senator from Michigan the conditions which we all agree upon The ACTING PRESIDENT pro tem- and I have a very strong feeling that should be set forth in the report have pore. There will be 30 minutes for de- the basic purpose of these amend- been achieved. bate equally divided between the bill’s ments—whichever one is voted and sur- That is what it does. That is an im- managers. vives—is to send the strongest possible portant message. It is not a withdrawal The Senator from Virginia is recog- message to the Iraqi people, the new timetable in paragraph 7, but each Member will reach their own conclu- nized. government that will be formed subse- sion on that. It sends an important Mr. WARNER. Mr. President, first, I quent to December 15, that our coun- message, but it is not the one the Sen- advise the Senate that last night for a try, together with our coalition part- period of 2 hours we had a very thor- ator from Virginia has characterized. ners, has made enormous efforts, enor- I yield 5 minutes to the Senator from ough debate on amendments of my dis- mous sacrifice of life and limb, con- Massachusetts. tinguished colleague from Michigan tributions by the people not only from Mr. KENNEDY. Mr. President, I and amendments that I put in with our our country but a number of other thank the Senator for his strong lead- distinguished leader, Mr. FRIST, and I countries, to let them establish for ership. believe cosponsors of Senator LEVIN, themselves a form of democracy. I strongly support the Levin-Biden- and we were joined by another col- I believe we have made great progress Reid amendment on Iraq. Our amend- league, Senator LIEBERMAN. Of course, with several transitional governments, ment expresses the clear sense of the Senators don’t have access to that a referendum vote, and now on the Senate that the U.S. military forces RECORD yet. But I assure you the mer- verge of what I perceive—and I think should not stay in Iraq indefinitely. Al- its of both cases were thoroughly stat- the Senator from Michigan shares the though many disagree with the Presi- ed. view—of an even stronger and larger dent about the war, we all honor the As we have 30 minutes divided be- vote to elect the permanent govern- service and sacrifice and heroism of our tween the two of us this morning, my ment. brave men and women in Iraq. Our distinguished friend and I talked this The next 120 days, in my judgment, Armed Forces are serving courageously morning, and he expressed an interest are critical—absolutely critical. Every in Iraq, under enormously difficult cir- in having his amendment voted first. word that comes from the Congress of cumstances. The policy of our Govern- As a matter of comity and courtesy, we the United States will be carefully ment must be worthy of their sacrifice. offer that to the Senator from Michi- scrutinized not only by the Iraqi people Unfortunately, it is not. The American gan. If that is his desire, I ask unani- but by the nations throughout the Mid- people know it.

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.007 S15NOPT1 S12778 CONGRESSIONAL RECORD — SENATE November 15, 2005 An open-ended commitment in Iraq is misguided policy in Iraq: ‘‘Strategy for agement and Budget Circular A–76 regarding not in America’s interests, and it is not Victory.’’ But it is still the same failed performance of an activity or function of in Iraq’s interests, either. Our amend- strategy. He should have called it Federal agencies, the Comptroller General ment clearly states that the commit- ‘‘Strategy for Quagmire.’’ shall administer the provisions of this sub- Our men and women in uniform de- chapter in a manner best suited for expe- ment of our military is not open-ended. diting final resolution of such protests and The goal of our military should be to serve better, much better from this final action in such competitions.’’. establish a legitimate functioning gov- President. So does the Nation. We can ernment, not to dictate to it. If we do better. I urge my colleagues to sup- (B) The chapter analysis at the beginning want the new Iraqi government to suc- port the Levin-Biden-Reid amendment. of such chapter is amended by inserting after the item relating to section 3556 the fol- ceed, we need to give Iraq back to the I yield back the remainder of my lowing new item: Iraqi people. We need to let Iraq make time. its own political decisions without AMENDMENTS NOS. 1345, 1354, 1468, AS MODIFIED; ‘‘3557. Expedited action in protests for public-private competitions.’’. American interference. We need to 1500, AS MODIFIED; 1518, 1522, AS MODIFIED; 1538, train the Iraqi security forces, but we 1898, 1902, 2525, 2526, 2527, 2528, 2529, 2530, 2531, 2532, (b) RIGHT TO INTERVENE IN CIVIL ACTION.— also need to reduce our military pres- 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, Section 1491(b) of title 28, United States ence. 2543, 2544, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, Code, is amended by adding at the end the There is widespread recognition that 2553, 2554, 2555, 2556, 2557, 2558, 2559, 2560, 2561, 2562, following new paragraph: 2563, 2564, 2565, 2566, 2567, 2568, 2569, 2570, 2571, 2572, our overwhelming military presence is ‘‘(5) If a private sector interested party 2573, 2574, 2575, 2576, 2577, 2578, 2579, EN BLOC inflaming the insurgency. After the commences an action described in paragraph Mr. WARNER. At this juncture, the (1) in the case of a public-private competi- election of a permanent Iraqi govern- distinguished Senator from Michigan tion conducted under Office of Management ment, we should begin a substantial and I would like to offer our managers’ and Budget Circular A–76 regarding perform- and continuing drawdown of U.S. package to this bill. I send a managers’ ance of an activity or function of a Federal forces. If additional forces are nec- package of some 64 amendments to the agency, then an official or person described essary during our drawdown or when in section 3551(2)(B) of title 31 shall be enti- desk. They have been cleared by both our drawdown is completed, they tled to intervene in that action.’’. sides. should have the support of the Iraqi Mr. LEVIN. The amendments have (c) APPLICABILITY.—Subparagraph (B) of people and the United Nations and section 3551(2) of title 31, United States Code been cleared on our side. (as added by subsection (a)), and paragraph come from the international commu- Mr. WARNER. I ask unanimous con- nity. American troops can participate, (5) of section 1491(b) of title 28, United States sent that the Senate consider the Code (as added by subsection (b)), shall apply but, unlike the current force, it should amendments en bloc, the amendments not consist mostly of Americans or be to— en bloc be agreed to, the motions to re- (1) protests and civil actions that challenge led by Americans. consider be laid upon the table, and final selections of sources of performance of All nations of the world have an in- any statements relating to any of these an activity or function of a Federal agency terest in Iraq’s stability and territorial individual amendments be printed in that are made pursuant to studies initiated integrity. Defenders of President under Office of Management and Budget Cir- the RECORD. Bush’s failed stay-the-course policy The ACTING PRESIDENT pro tem- cular A–76 on or after January 1, 2004; and pretend that alternatives such as this (2) any other protests and civil actions pore. Without objection, it is so or- are a cut-and-run strategy. They are that relate to public-private competitions dered. initiated under Office of Management and not. The amendments were agreed to, as Last February, General Abizaid said Budget Circular A–76 on or after the date of follows: what makes it hard for the United the enactment of this Act. AMENDMENT NO. 1345 States is that an overbearing presence AMENDMENT NO. 1354 or a larger than acceptable footprint in (Purpose: To provide for expedited action in bid protests conducted under OMB Circular (Purpose: To authorize the participation of the region works against you. No one A–76) members of the Armed Forces in the accused him of cut and run. On page 292, between lines 15 and 16, insert Paralympic Games) Last July, GEN George Casey, com- the following: manding general of the Multi-National At the appropriate place in title V, insert SEC. 1106. BID PROTESTS BY FEDERAL EMPLOY- the following: Force in Iraq, talked about fairly sub- EES IN ACTIONS UNDER OFFICE OF stantial reduction of troops in 2006. No MANAGEMENT AND BUDGET CIR- SEC. ll. PARTICIPATION OF MEMBERS OF THE CULAR A–76. ARMED FORCES IN THE one has accused him of cut and run. PARALYMPIC GAMES. Just last month, America’s Ambas- (a) ELIGIBILITY TO PROTEST.—(1) Section sador to Iraq said it is possible we can 3551(2) of title 31, United States Code, is Section 717(a)(1) of title 10, United States amended to read as follows: adjust our courses, downsizing them in Code, is amended by striking ‘‘and Olympic ‘‘(2) The term ‘interested party’— Games’’ and inserting ‘‘, Olympic Games, the course of next year. No one has ac- ‘‘(A) with respect to a contract or a solici- and Paralympic Games,’’. cused him of cut and run. tation or other request for offers described in AMENDMENT NO. 1468, AS MODIFIED This month, Mel Laird, Secretary of paragraph (1), means an actual or prospec- Defense of the Nixon administration, tive bidder or offeror whose direct economic (Purpose: Relating to contracting in the wrote in the current issue of the Jour- interest would be affected by the award of procurement of certain supplies and services) nal of Foreign Affairs that our pres- the contract or by failure to award the contract; and At the end of subtitle A of title VIII, add ence is what feeds the insurgency, and the following: our gradual withdrawal would feed the ‘‘(B) with respect to a public-private com- confidence and the ability of average petition conducted under Office of Manage- SEC. 807. CONTRACTING FOR PROCUREMENT OF ment and Budget Circular A–76 regarding CERTAIN SUPPLIES AND SERVICES. Iraqis to stand up to the insurgency. performance of an activity or function of a (a) MODIFICATION OF LIMITATION ON CONVER- No one has accused him of cut and run. Federal agency, includes— We need to have an open and honest SION TO CONTRACTOR PERFORMANCE.—Section ‘‘(i) any official who submitted the agency 8014(a)(3) of the Department of Defense Ap- debate about our future military pres- tender in such competition; and propriations Act, 2005 (Public Law 108–287; ence in Iraq. An open-ended commit- ‘‘(ii) any one person who, for the purpose of 118 Stat. 972) is amended— ment of our military forces does not representing them in a protest under this (1) in subparagraph (A), by inserting ‘‘, serve America’s best interests and does subchapter that relates to such competition, payment that could be used in lieu of such a not serve Iraqi’s interests, either. Our has been designated as their agent by a ma- plan, health savings account, or medical sav- current misguided policy has turned jority of the employees of such Federal agen- ings account’’ after ‘‘health insurance plan’’; Iraq into a quagmire with no end in cy who are engaged in the performance of and such activity or function.’’. (2) in subparagraph (B), by striking ‘‘that sight. It is urgent for the administra- (2)(A) Subchapter V of chapter 35 of such tion to adopt an honest and effective requires’’ and all that follows through the title is amended by adding at the end the fol- end and inserting ‘‘that does not comply plan to end the violence and stabilize lowing new section: with the requirements of any Federal law Iraq so that our soldiers can begin to ‘‘§ 3557. Expedited action in protests for Pub- governing the provision of health care bene- come home with dignity and honor. lic-Private competitions fits by Government contractors that would Last Friday, President Bush outlined ‘‘For protests in cases of public-private be applicable if the contractor performed the a new bumper-sticker slogan for his competitions conducted under Office of Man- activity or function under the contract.’’.

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AMENDMENT NO. 1500, AS MODIFIED 150 days after the date of enactment of this whether they were fatalities or injuries; (2) if (Purpose: To require a strategy and report Act. any condolence payment, compensation, or by the Secretary of Defense regarding the AMENDMENT NO. 1522, AS MODIFIED assistance was provided to the victim or to the victim’s family; and (3) any other infor- impact on small businesses of the require- At the end of subtitle D of title VIII, add mation relating to the casualties. ment to use radio frequency identifier the following: AMENDMENT NO. 2525 technology) SEC. 834. TRAINING FOR DEFENSE ACQUISITION On page 237, after line 17, insert the fol- WORKFORCE ON THE REQUIRE- (Purpose: To provide for the temporary inap- lowing: MENTS OF THE BERRY AMENDMENT. plicability of the Berry Amendment to pro- SEC. 846. RADIO FREQUENCY IDENTIFIER TECH- (a) TRAINING DURING FISCAL YEAR 2006.— curements of specialty metals that are NOLOGY. The Secretary of Defense shall ensure that used to produce force protection equipment (a) SMALL BUSINESS STRATEGY.—As part of each member of the defense acquisition needed to prevent combat fatalities in Iraq implementing its requirement that contrac- workforce who participates personally and and Afghanistan) tors use radio frequency identifier tech- substantially in the acquisition of textiles On page 213, between lines 2 and 3, insert nology, the Secretary of Defense shall de- on a regular basis receives training during the following: velop and implement a strategy to educate fiscal year 2006 on the requirements of sec- SEC. 807. TEMPORARY INAPPLICABILITY OF the small business community regarding tion 2533a of title 10, United States Code BERRY AMENDMENT TO PROCURE- radio frequency identifier technology re- (commonly referred to as the ‘‘Berry Amend- MENTS OF SPECIALTY METALS USED quirements, compliance, standards, and opment’’), and the regulations implementing TO PRODUCE FORCE PROTECTION portunities. that section. EQUIPMENT. (a) IN GENERAL.—Section 2533a(a) of title (b) REPORTING.—Not later than 180 days (b) INCLUSION OF INFORMATION IN NEW after the date of enactment of this Act, the TRAINING PROGRAMS.—The Secretary shall 10, United States Code, shall not apply to the Secretary of Defense shall submit a report to ensure that any training program for the de- procurement, during the 2-year period begin- the Committee on Small Business and Entre- fense acquisition workforce development or ning on the date of the enactment of this preneurship and the Committee on Armed implemented after the date of the enactment Act, of specialty metals if such specialty Services of the Senate and the Committee on of this Act includes comprehensive informa- metals are used to produce force protection Small Business and the Committee on Armed tion on the requirements described in sub- equipment needed to prevent combat fatali- Services of the House of Representatives de- section (a). ties in Iraq or Afghanistan. (b) TREATMENT OF PROCUREMENTS WITHIN tailing the status of the efforts by the Sec- AMENDMENT NO. 1538 PERIOD.—For the purposes of subsection (a), retary of Defense to establish requirements (Purpose: To provide a termination date for a procurement shall be treated as being for radio frequency identifier technology the Small Business Competitiveness Dem- made during the 2-year period described in used in Department of Defense contracting, onstration Program) that subsection to the extent that funds are including— obligated by the Department of Defense for (A) standardization of the data required to On page 237, after line 17, insert the fol- that procurement during that period. be reported by such technology; and lowing: (B) standardization of the manufacturing SEC. 846. TERMINATION OF PROGRAM. AMENDMENT NO. 2526 quality required for such technology; and Section 711(c) of the Small Business Com- (Purpose: To express the sense of the Senate (C) the status of the efforts of the Sec- petitive Demonstration Program Act of 1988 with regard to manned space flight) retary of Defense to develop and implement (15 U.S.C. 644 note) is amended by inserting At the appropriate place, insert the fol- a strategy to educate the small business after ‘‘January 1, 1989’’ the following: ‘‘, and lowing: shall terminate on the date of enactment of community, as required by subsection (a)(2). SEC. ———. SENSE OF THE SENATE REGARDING the National Defense Authorization Act for AMENDMENT NO. 1518 MANNED SPACE FLIGHT. Fiscal Year 2006’’. (Purpose: To require lenders to include infor- (a) FINDINGS.—The Congress finds that— mation regarding the mortgage and fore- AMENDMENT NO. 1898 (1) human spaceflight preeminence allows closure rights of servicemembers under the (Purpose: To authorize the disposal and sale the United States to project leadership Servicemembers Civil Relief Act) to qualified entities of up to 8,000,000 around the world and forms an important component of United States national secu- At the end of subtitle E of title VI, add the pounds of tungsten ores and concentrates from the National Defense Stockpile) rity; following: (2) continued development of human SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE On page 379, after line 22, add the following: spaceflight in low-Earth orbit, on the Moon, HOUSING AND URBAN DEVELOP- and beyond adds to the overall national stra- MENT ACT OF 1968. SEC. 3302. AUTHORIZATION FOR DISPOSAL OF tegic posture; (a) IN GENERAL.—Section 106(c)(5)(A)(ii) of TUNGSTEN ORES AND CON- (3) human spaceflight enables continued the Housing and Urban Development Act of CENTRATES. stewardship of the region between the earth 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) is amended— (a) DISPOSAL AUTHORIZED.—The President and the Moon—an area that is critical and of (1) in subclause (II), by striking ‘‘; and’’ may dispose of up to 8,000,000 pounds of con- growing national and international security and inserting a semicolon; tained tungsten in the form of tungsten ores relevance; (2) in subclause (III), by striking the period and concentrates from the National Defense (4) human spaceflight provides unprece- and inserting ‘‘; and’’; and Stockpile in fiscal year 2006. dented opportunities for the United States to (3) by adding at the end the following: (b) CERTAIN SALES AUTHORIZED.—The tung- lead peaceful and productive international ‘‘(IV) notify the homeowner by a state- sten ores and concentrates disposed under relationships with the world community in ment or notice, written in plain English by subsection (a) may be sold to entities with support of United States security and geo- the Secretary of Housing and Urban Develop- ore conversion or tungsten carbide manufac- political objectives; ment, in consultation with the Secretary of turing or processing capabilities in the (5) a growing number of nations are pur- Defense and the Secretary of the Treasury, United States. suing human spaceflight and space-related explaining the mortgage and foreclosure AMENDMENT NO. 1902 capabilities, including China and India; rights of servicemembers, and the depend- (Purpose: To acquire a report on records (6) past investments in human spaceflight ents of such servicemembers, under the maintained by the Department of Defense capabilities represent a national resource Servicemembers Civil Relief Act (50 U.S.C. on civilian casualties in Afghanistan and that can be built upon and leveraged for a App. 501 et seq.), including the toll-free mili- Iraq) broad range of purposes, including national tary one source number to call if At the appropriate place in the bill, insert: and economic security; and servicemembers, or the dependents of such (7) the industrial base and capabilities rep- servicemembers, require further assist- REPORT resented by the Space Transportation Sys- ance.’’. SEC. . Not later than 90 days after enact- tem provide a critical dissimilar launch ca- (b) NO EFFECT ON OTHER LAWS.—Nothing in ment of this Act, the Secretary of Defense pability for the nation. this section shall relieve any person of any shall submit a report to the Committee on (b) SENSE OF THE SENATE.—It is the sense obligation imposed by any other Federal, Armed Services and the Committee on Ap- of the Senate that it is in the national secu- State, or local law. propriations with the following informa- rity interest of the United States to main- (c) DISCLOSURE FORM.—Not later than 150 tion— tain preeminence in human spaceflight. days after the date of enactment of this Act, (a) Whether records of civilian casualties the Secretary of Housing and Urban Develop- in Afghanistan and Iraq are kept by United AMENDMENT NO. 2527 ment shall issue a final disclosure form to States Armed Forces, and if so, how and (Purpose: To require an annual report on the fulfill the requirement of section from what sources this information is col- costs incurred by the Department of De- 106(c)(5)(A)(ii)(IV) of the Housing and Urban lected, where it is kept, and who is respon- fense in implementing or supporting reso- Development Act of 1968 (12 U.S.C. sible for maintaining such records. lutions of the United Nations Security 1701x(c)(5)(A)(ii)). (b) Whether such records contain (1) any Council) (d) EFFECTIVE DATE.—The amendments information relating to the circumstances On page 286, between lines 7 and 8, insert made under subsection (a) shall take effect under which the casualties occurred and the following:

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SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY ‘‘(B) ACTION REQUIRED.—Not later than 60 contracting agency determines that such OUT UNITED NATIONS RESOLU- days after the date of enactment of this limitation is necessary to comply with the TIONS. paragraph, the Administrator shall either— congressional policy stated in subparagraph (a) REQUIREMENT FOR ANNUAL REPORT.— ‘‘(i) initiate an adjustment to the size (A). The Secretary of Defense and the Secretary standards, as described in subparagraph (A), ‘‘(C) REPORT REQUIREMENT.— of State shall submit to the congressional if the Administrator determines that such an ‘‘(i) IN GENERAL.—Not later than 180 days defense committees, the Committee on For- adjustment would be fair and appropriate; or after the date of enactment of this para- eign Relations of the Senate, and the Com- ‘‘(ii) provide a report to the Committee on graph, the Administrator shall submit a re- mittee on International Relations of the Small Business and Entrepreneurship of the port on the level of participation of small House of Representatives an annual report Senate and the Committee on Small Busi- business concerns in multiple-award con- that sets forth all direct and indirect costs ness of the House of Representatives explain- tracts, including Federal Supply Schedule (including incremental costs) incurred by ing in detail the basis for the determination contracts, to the Committee on Small Busi- the Department of Defense during the pre- by the Administrator that such an adjust- ness and Entrepreneurship of the Senate and ceding year in implementing or supporting ment would not be fair and appropriate. the Committee on Small Business of the any resolution adopted by the United Na- ‘‘(C) QUALIFIED AREAS.—In this paragraph, House of Representatives. tions Security Council, including any such the term ‘qualified area’ means— ‘‘(ii) CONTENTS.—The report required by resolution calling for international sanc- ‘‘(i) Iraq, clause (i) shall include, for the most recent 2- tions, international peacekeeping oper- ‘‘(ii) Afghanistan, and year period for which data are available— ations, international peace enforcement op- ‘‘(iii) any foreign country which included a ‘‘(I) the total number of multiple-award erations, monitoring missions, observer mis- combat zone, as that term is defined in sec- contracts; sions, or humanitarian missions undertaken tion 112(c)(2) of the Internal Revenue Code of ‘‘(II) the total number of small business by the Department of Defense. Each such re- 1986, at the time of performance of the rel- concerns that received multiple-award con- port shall include an aggregate of all such evant Federal contract or subcontract.’’. tracts; Department of Defense costs by operation or AMENDMENT NO. 2529 ‘‘(III) the total number of orders under mission, the percentage of the United States multiple-award contracts; contribution by operation or mission, and (Purpose: To encourage small business contracting in overseas procurements) ‘‘(IV) the total value of orders under mul- the total cost of each operation or mission. tiple-award contracts; (b) COSTS FOR ASSISTING FOREIGN TROOPS.— On page 237, after line 17, insert the fol- ‘‘(V) the number of orders received by The Secretary of Defense and the Secretary lowing: small business concerns under multiple- of State shall detail in each annual report SEC. 846. SMALL BUSINESS CONTRACTING IN award contracts; required by this section all direct and indi- OVERSEAS PROCUREMENTS. ‘‘(VI) the value of orders received by small rect costs (including incremental costs) in- Section 15(g) of the Small Business Act (15 business concerns under multiple-award concurred in training, equipping, and otherwise U.S.C. 644(g)) is amended by adding at the tracts; assisting, preparing, resourcing, and trans- end the following: ‘‘(VII) the number of small business con- porting foreign troops for implementing or ‘‘(3) SMALL BUSINESS CONTRACTING IN OVER- cerns that received orders under multiple- supporting any resolution adopted by the SEAS PROCUREMENTS.— award contracts; and United Nations Security Council, including ‘‘(A) STATEMENT OF CONGRESSIONAL POL- ‘‘(VIII) such other information as may be any such resolution calling for international ICY.—It is the policy of the Congress that relevant.’’. sanctions, international peacekeeping oper- Federal agencies shall endeavor to meet the ations, international peace enforcement op- contracting goals established under this sub- AMENDMENT NO. 2531 erations, monitoring missions, observer mis- section, regardless of the geographic area in (Purpose: To address research and develop- sions, or humanitarian missions. which the contracts will be performed. ment efforts for purposes of small business (c) CREDIT AND COMPENSATION.—The Sec- ‘‘(B) AUTHORIZATION TO USE CONTRACTING research) retary of Defense and the Secretary of State MECHANISMS.—Federal agencies are author- On page 218, strike line 1 and all that fol- shall detail in each annual report required ized to use any of the contracting mecha- lows through page 220, line 5, and insert the by this section all efforts made to seek cred- nisms authorized in this Act for the purpose following: it against past United Nations expenditures of complying with the Congressional policy SEC. 814. RESEARCH AND DEVELOPMENT EF- and all efforts made to seek compensation set forth in subparagraph (A). FORTS FOR PURPOSES OF SMALL from the United Nations for costs incurred ‘‘(C) REPORT TO CONGRESSIONAL COMMIT- BUSINESS RESEARCH. by the Department of Defense in imple- TEES.—Not later than 1 year after the date of (a) IN GENERAL.—Section 9 of the Small menting and supporting United Nations ac- enactment of this paragraph, the Adminis- Business Act (15 U.S.C. 638) is amended by tivities. trator and the Chief Counsel for Advocacy adding at the end the following: (d) FORM OF REPORT.—Each annual report shall submit to the Committee on Small ‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.— required by this section shall be submitted Business and Entrepreneurship of the Senate ‘‘(1) REVISION AND UPDATE OF CRITERIA AND in unclassified form, but may include a clas- and Committee on Small Business of the PROCEDURES OF IDENTIFICATION.—In carrying sified annex. House of Representatives a report on the ac- out subsection (g), the Secretary of Defense AMENDMENT NO. 2528 tivities undertaken by Federal agencies, of- shall, not less often than once every 4 years, (Purpose: To provide for the Administrator fices, and departments to carry out this revise and update the criteria and procedures of the Small Business Administration’s de- paragraph.’’. utilized to identify areas of the research and development efforts of the Department of termination) AMENDMENT NO. 2530 Defense which are suitable for the provision On page 237, after line 17, insert the fol- (Purpose: To ensure fair access to multiple- of funds under the Small Business Innova- lowing: award contracts) tion Research Program and the Small Busi- SEC. 846. EXCLUSION OF CERTAIN SECURITY EX- On page 237, after line 17, insert the fol- ness Technology Transfer Program. PENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE lowing: ‘‘(2) UTILIZATION OF PLANS.—The criteria STANDARDS. SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD and procedures described in paragraph (1) Section 3(a) of the Small Business Act (15 CONTRACTS. shall be developed through the use of the U.S.C. 632(a)), is amended by adding at the Section 15(g) of the Small Business Act (15 most current versions of the following plans: end the following: U.S.C. 644(g)) is amended by adding at the ‘‘(A) The joint warfighting science and ‘‘(4) EXCLUSION OF CERTAIN SECURITY EX- end the following: technology plan required under section 270 of PENSES FROM CONSIDERATION FOR PURPOSE OF ‘‘(3) FAIR ACCESS TO MULTIPLE-AWARD CON- the National Defense Authorization Act for SMALL BUSINESS SIZE STANDARDS.— TRACTS.— Fiscal Year 1997 (10 U.S.C. 2501 note). ‘‘(A) DETERMINATION REQUIRED.—Not later ‘‘(A) STATEMENT OF CONGRESSIONAL POL- ‘‘(B) The Defense Technology Area Plan of than 30 days after the date of enactment of ICY.—It is the policy of the Congress that the Department of Defense. this paragraph, the Administrator shall re- Federal agencies shall endeavor to meet the ‘‘(C) The Basic Research Plan of the De- view the application of size standards estab- contracting goals established under this sub- partment of Defense. lished pursuant to paragraph (2) to small section with regard to orders under multiple- ‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF business concerns that are performing con- award contracts, including Federal Supply EFFORT.—The criteria and procedures de- tracts in qualified areas and determine Schedule contracts and multi-agency con- scribed in paragraph (1) shall include input whether it would be fair and appropriate to tracts. in the identification of areas of research and exclude from consideration in the average ‘‘(B) AUTHORIZATION FOR LIMITED COMPETI- development efforts described in that para- annual gross receipts of such small business TION.—The head of a contracting agency may graph from Department of Defense program concerns any payments made to such small include in any contract entered under sec- managers (PMs) and program executive offi- business concerns by Federal agencies to re- tion 2304a(d)(1)(B) or 2304b(e) of title 10, cers (PEOs). imburse such small business concerns for the United States Code, a clause setting aside a ‘‘(y) COMMERCIALIZATION PILOT PROGRAM.— cost of subcontracts entered for the sole pur- specific share of awards under such contract ‘‘(1) IN GENERAL.—The Secretary of Defense pose of providing security services in a quali- pursuant to a competition that is limited to and the Secretary of each military depart- fied area. small business concerns, if the head of the ment is authorized to create and administer

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.002 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12781 a ‘Commercialization Pilot Program’ to ac- (B) in paragraph (15), by striking the pe- Administrator of the Small Business Admin- celerate the transition of technologies, prod- riod at the end and inserting ‘‘; and’’; and istration shall promulgate final rules to ucts, and services developed under the Small (C) by adding at the end the following: carry out this section and the amendments Business Innovation Research Program to ‘‘(16) provide for and fully implement the made by this section. Phase III, including the acquisition process. tenets of Executive Order 13329 (Encouraging AMENDMENT NO. 2533 ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS Innovation in Manufacturing).’’. (Purpose: To require the Secretary of De- FOR ACCELERATED TRANSITION TO ACQUISITION (c) TESTING AND EVALUATION AUTHORITY.— fense to maintain a website listing infor- PROCESS.—In carrying out the Commer- Section 9(e) of the Small Business Act (15 mation on Federal contractor misconduct, U.S.C. 638(e)) is amended— cialization Pilot Program, the Secretary of and to require a report on Federal sole (1) in paragraph (7), by striking ‘‘and’’ at Defense and the Secretary of each military source contracts related to Iraq recon- the end; department shall identify research programs struction) of the Small Business Innovation Research (2) in paragraph (8), by striking the period Program that have the potential for rapid at the end and inserting ‘‘; and’’; and At the appropriate place in title VIII, in- transitioning to Phase III and into the acqui- (3) by adding at the end the following: sert the following: sition process. ‘‘(9) the term ‘commercial applications’ SEC. . ENSURING TRANSPARENCY IN FEDERAL CONTRACTING. ‘‘(3) LIMITATION.—No research program shall not be construed to exclude testing and (a) PUBLICATION OF INFORMATION ON FED- may be identified under paragraph (2), unless evaluation of products, services, or tech- ERAL CONTRACTOR PENALTIES AND VIOLA- the Secretary of the military department nologies for use in technical or weapons sys- TIONS.— concerned certifies in writing that the suc- tems, and further, awards for testing and (1) The Secretary of Defense shall maintain cessful transition of the program to Phase evaluation of products, services, or tech- a publicly-available website that provides in- III and into the acquisition process is ex- nologies for use in technical or weapons sys- formation on instances in which major con- pected to meet high priority military re- tems may be made in either the second or tractors have been fined, paid penalties or quirements of such military department. the third phase of the Small Business Inno- restitution, settled, pled guilty to, or had ‘‘(4) FUNDING.—For payment of expenses in- vation Research Program and of the Small judgments entered against them in connec- curred to administer the Commercialization Business Technology Transfer Program, as tion with allegations of improper conduct. Pilot Program under this subsection, the defined in this subsection.’’. The website shall be updated not less than Secretary of Defense and each Secretary of a AMENDMENT NO. 2532 military department is authorized to use not once a year. (Purpose: To clarify that the Small Business more than an amount equal to 1 percent of (2) For the purpose of this subsection, a Administration has authority to provide the funds available to the Department of De- major contractor is a contractor that re- disaster relief for small business concerns fense or the military department pursuant to ceives at least $100,000,000 in Federal con- damaged by drought) the Small Business Innovation Research Pro- tracts in the most recent fiscal year for gram. Such funds— On page 237, after line 17, insert the fol- which data are available. EPORT ON FEDERAL SOLE SOURCE CON- ‘‘(A) shall not be subject to the limitations lowing: (b) R on the use of funds in subsection (f)(2); and SEC. 846. DISASTER RELIEF FOR SMALL BUSI- TRACTS RELATED TO IRAQ RECONSTRUCTION.— ‘‘(B) shall not be used to make Phase III NESS CONCERNS DAMAGED BY (1) REPORT REQUIRED.—Not later than 120 awards. DROUGHT. days after the date of the enactment of this (a) DROUGHT DISASTER AUTHORITY.— Act, the Administrator for Federal Procure- ‘‘(5) EVALUATIVE REPORT.—At the end of (1) DEFINITION OF DISASTER.—Section 3(k) each fiscal year, the Secretary of Defense ment Policy shall submit to Congress a re- of the Small Business Act (15 U.S.C. 632(k)) is and each Secretary of a military department port on all sole source contracts in excess of shall submit to the Committee on Armed amended— $2,000,000 entered into by executive agencies Services and the Committee on Small Busi- (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and in connection with Iraq reconstruction from ness and Entrepreneurship of the Senate and (B) by adding at the end the following: January 1, 2003, through the date of the en- ‘‘(2) For purposes of section 7(b)(2), the the Committee on Armed Services and the actment of this Act. term ‘disaster’ includes— Committee on Small Business of the House (2) CONTENT.—The report submitted under ‘‘(A) drought; and of Representatives an evaluative report re- paragraph (1) shall include the following in- ‘‘(B) below average water levels in the garding activities under the Commercializa- formation with respect to each such con- Great Lakes, or on any body of water in the tion Pilot Program. The report shall in- tract: United States that supports commerce by clude— (A) The date the contract was awarded. small business concerns.’’. ‘‘(A) an accounting of the funds used in the (B) The contract number. (2) DROUGHT DISASTER RELIEF AUTHORITY.— Commercialization Pilot Program; (C) The name of the contractor. Section 7(b)(2) of the Small Business Act (15 ‘‘(B) a detailed description of the Commer- (D) The amount awarded. U.S.C. 636(b)(2)) is amended— cialization Pilot Program, including incen- (E) A brief description of the work to be (A) by inserting ‘‘(including drought), with tives and activities undertaken by acquisi- performed under the contract. respect to both farm-related and nonfarm-re- tion program managers, program executive (3) EXECUTIVE AGENCY DEFINED.—In this lated small business concerns,’’ before ‘‘if officers, and by prime contractors; and subsection, the term ‘‘executive agency’’ has the Administration’’; and ‘‘(C) a detailed compilation of results the meaning given such term in section 4 of (B) in subparagraph (B), by striking ‘‘the achieved by the Commercialization Pilot the Office of Federal Procurement Policy Consolidated Farmers Home Administration Program, including the number of small Act (41 U.S.C. 403). Act of 1961 (7 U.S.C. 1961)’’ and inserting the business concerns assisted and a number of AMENDMENT NO. 2534 following: ‘‘section 321 of the Consolidated inventions commercialized. (Purpose: To provide for improved assess- Farm and Rural Development Act (7 U.S.C. ‘‘(6) SUNSET.—The pilot program under this ment of public-private competition for 1961), in which case, assistance under this subsection shall terminate at the end of fis- work performed by civilian employees of paragraph may be provided to farm-related cal year 2009.’’. the Department of Defense) (b) IMPLEMENTATION OF EXECUTIVE ORDER and nonfarm-related small business concerns, subject to the other applicable re- On page 213, between lines 2 and 3, insert 13329.—Section 9 of the Small Business Act the following: (15 U.S.C. 638) is amended— quirements of this paragraph’’. (b) LIMITATION ON LOANS.—From funds oth- SEC. 807. PUBLIC-PRIVATE COMPETITION FOR (1) in subsection (b)— WORK PERFORMED BY CIVILIAN EM- (A) in paragraph (6), by striking ‘‘and’’ at erwise appropriated for loans under section 7(b) of the Small Business Act (15 U.S.C. PLOYEES OF THE DEPARTMENT OF the end; 636(b)), not more than $9,000,000 may be used DEFENSE. (B) in paragraph (7), by striking the period during each of fiscal years 2005 through 2008, (a) LIMITATION.—Section 2461(b) of title 10, at the end and inserting ‘‘; and’’; and to provide drought disaster loans to non- United States Code, is amended by adding at (C) by adding at the end the following: farm-related small business concerns in ac- the end the following new paragraph: ‘‘(8) to provide for and fully implement the cordance with this section and the amend- ‘‘(5)(A) Notwithstanding subsection (d), a tenets of Executive Order 13329 (Encouraging ments made by this section. function of the Department of Defense per- Innovation in Manufacturing).’’; (c) PROMPT RESPONSE TO DISASTER RE- formed by 10 or more civilian employees may (2) in subsection (g)— QUESTS.—Section 7(b)(2)(D) of the Small not be converted, in whole or in part, to per- (A) in paragraph (9), by striking ‘‘and’’ at Business Act (15 U.S.C. 636(b)(2)(D)) is formance by a contractor unless the conver- the end; amended by striking ‘‘Upon receipt of such sion is based on the results of a public-pri- (B) in paragraph (10), by striking the pe- certification, the Administration may’’ and vate competition process that— riod at the end and inserting ‘‘; and’’; and inserting ‘‘Not later than 30 days after the ‘‘(i) formally compares the cost of civilian (C) by adding at the end the following: date of receipt of such certification by a employee performance of that function with ‘‘(11) provide for and fully implement the Governor of a State, the Administration the costs of performance by a contractor; tenets of Executive Order 13329 (Encouraging shall respond in writing to that Governor on ‘‘(ii) creates an agency tender, including a Innovation in Manufacturing).’’; and its determination and the reasons therefore, most efficient organization plan, in accord- (3) in subsection (o)— and may’’. ance with Office of Management and Budget (A) in paragraph (14), by striking ‘‘and’’ at (d) RULEMAKING.—Not later than 45 days Circular A–76, as implemented on May 29, the end; after the date of enactment of this Act, the 2003; and

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.009 S15NOPT1 S12782 CONGRESSIONAL RECORD — SENATE November 15, 2005 ‘‘(iii) requires continued performance of (C) were not awarded on a competitive by China’s robust regional economic engage- the function by civilian employees unless basis; or ment and diplomacy; the competitive sourcing official concerned (D) have been determined by a contracting (C) the assistance of China and North determines that, over all performance peri- officer to be poorly performed due to exces- Korea to global ballistic missile prolifera- ods stated in the solicitation of offers for sive costs or inferior quality. tion is extensive and ongoing; performance of the activity or function, the (b) NEW REQUIREMENTS.— (D) China’s transfers of technology and cost of performance of the activity or func- (1) LIMITATION ON REQUIRING PUBLIC-PRI- components for weapons of mass destruction tion by a contractor would be less costly to VATE COMPETITION.—No public-private com- (WMD) and their delivery systems to coun- the Department of Defense by an amount petition may be required under Office of tries of concern, including countries that that equals or exceeds the lesser of $10,000,000 Management and Budget Circular A–76 or support acts of international terrorism, has or 10 percent of the most efficient organiza- any other provision of law or regulation be- helped create a new tier of countries with tion’s personnel-related costs for perform- fore the performance of a new requirement the capability to produce WMD and ballistic ance of that activity or function by Federal by Federal Government employees com- missiles; employees. mences, the performance by Federal Govern- (E) the removal of the European Union ‘‘(B) Any function that is performed by ci- ment employees of work pursuant to sub- arms embargo against China that is cur- vilian employees of the Department of De- section (a) commences, or the scope of an ex- rently under consideration in the European fense and is proposed to be reengineered, re- isting activity performed by Federal Govern- Union would accelerate weapons moderniza- organized, modernized, upgraded, expanded, ment employees is expanded. Office of Man- tion and dramatically enhance Chinese mili- or changed in order to become more efficient agement and Budget Circular A–76 shall be tary capabilities; shall not be considered a new requirement revised to ensure that the heads of all Fed- (F) China is developing a leading-edge mili- for the purpose of the competition require- eral agencies give fair consideration to the tary with the objective of intimidating Tai- ments in subparagraph (A) or the require- performance of new requirements by Federal wan and deterring United States involve- ments for public-private competition in Of- Government employees. ment in the Strait, and China’s qualitative fice of Management and Budget Circular A– (2) CONSIDERATION OF FEDERAL GOVERNMENT and quantitative military advancements 76. EMPLOYEES.—The Secretary of Defense shall, ‘‘(C) A function performed by more than 10 have already resulted in a dramatic shift in Federal Government employees may not be to the maximum extent practicable, ensure the cross-Strait military balance toward separated into separate functions for the that Federal Government employees are fair- China; and purposes of avoiding the competition rely considered for the performance of new re- (G) China’s growing energy needs are driv- quirement in subparagraph (A) or the requirements, with special consideration given ing China into bilateral arrangements that quirements for public-private competition in to new requirements that include functions undermine multilateral efforts to stabilize Office of Management and Budget Circular that— oil supplies and prices, and in some cases A–76. (A) are similar to functions that have been may involve dangerous weapons transfers. ‘‘(D) The Secretary of Defense may waive performed by Federal Government employ- (2) On March 14, 2005, the National People’s the requirement for a public-private com- ees at any time on or after October 1, 1980; or Congress approved a law that would author- petition under subparagraph (A) in specific (B) are associated with the performance of ize the use of force if Taiwan formally de- instances if— inherently governmental functions. clares independence. (c) USE OF FLEXIBLE HIRING AUTHORITY.— ‘‘(i) the written waiver is prepared by the (b) SENSE OF CONGRESS.— The Secretary shall include the use of the Secretary of Defense or the relevant Assist- (1) PLAN.—It is the sense of Congress that ant Secretary of Defense, Secretary of a flexible hiring authority available through the President should take immediate steps military department, or head of a Defense the National Security Personnel System in to establish a coherent and comprehensive Agency; order to facilitate performance by Federal plan to address the emergence of China eco- ‘‘(ii) the written waiver is accompanied by Government employees of new requirements nomically, diplomatically, and militarily, to a detailed determination that national secu- and work that is performed under Depart- promote mutually beneficial trade relations rity interests preclude compliance with the ment of Defense contracts. with China, and to encourage China’s adher- (d) INSPECTOR GENERAL REPORT.—Not later requirement for a public-private competi- ence to international norms in the areas of than 180 days after the enactment of this tion; and trade, international security, and human Act, the Inspector General of the Depart- ‘‘(iii) a copy of the waiver is published in rights. ment of Defense shall submit to the Commit- the Federal Register within 10 working days (2) CONTENTS.—The plan should contain the after the date on which the waiver is grant- tees on Armed Services of the Senate and the following: ed, although use of the waiver need not be House of Representatives a report on the (A) Actions to address China’s policy of delayed until its publication.’’. compliance of the Secretary of Defense with undervaluing its currency, including— (b) INAPPLICABILITY TO BEST-VALUE SOURCE the requirements of this section. (i) encouraging China to continue to (e) DEFINITIONS.—In this section: SELECTION PILOT PROGRAM.—Paragraph (5) of upwardly revalue the Chinese yuan against (1) The term ‘‘National Security Personnel section 2461(b) of title 10, United States the United States dollar; System’’ means the human resources man- Code, as added by subsection (a), shall not (ii) allowing the yuan to float against a apply with respect to the pilot program for agement system established under the au- trade-weighted basket of currencies; and best-value source selection for performance thority of section 9902 of title 5, United (iii) concurrently encouraging United of information technology services author- States Code. States trading partners with similar inter- ized by section 336 of the National Defense (2) The term ‘‘inherently governmental ests to join in these efforts. Authorization Act for Fiscal Year 2004 (Pub- function’’ has the meaning given that term (B) Actions to make better use of the lic Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 in section 5 of the Federal Activities Inven- World Trade Organization (WTO) dispute set- note). tory Reform Act of 1998 (Public Law 105–270; tlement mechanism and applicable United (c) REPEAL OF SUPERSEDED LAW.—Section 112 Stat. 2384; 31 U.S.C. 501 note). 327 of the Ronald W. Reagan National De- States trade laws to redress China’s trade AMENDMENT NO. 2535 fense Authorization Act for Fiscal Year 2005 practices, including exchange rate manipula- (Public Law 108–375; 10 U.S.C. 2461 note) is re- (Purpose: To express the sense of Congress tion, denial of trading and distribution pealed. that the President should take immediate rights, insufficient intellectual property SEC. 808. PERFORMANCE OF CERTAIN WORK BY steps to establish a plan to address the rights protection, objectionable labor stand- FEDERAL GOVERNMENT EMPLOY- military and economic development of ards, subsidization of exports, and forced EES. China) technology transfers as a condition of doing (a) GUIDELINES.— At the appropriate place, insert the fol- business. The United States Trade Rep- (1) IN GENERAL.—The Secretary of Defense lowing: resentative should consult with our trading shall prescribe guidelines and procedures for SEC. lll. THE UNITED STATES-CHINA ECO- partners regarding any trade dispute with ensuring that consideration is given to using NOMIC AND SECURITY REVIEW COM- China. Federal Government employees on a regular MISSION. (C) Actions to encourage United States basis for work that is performed under De- (a) FINDINGS.—Congress finds the fol- diplomatic efforts to identify and pursue ini- partment of Defense contracts and could be lowing: tiatives to revitalize United States engage- performed by Federal Government employ- (1) The 2004 Report to Congress of the ment in East Asia. The initiatives should ees. United States-China Economic and Security have a regional focus and complement bilat- (2) CRITERIA.—The guidelines and proce- Review Commission states that— eral efforts. The Asia-Pacific Economic Co- dures prescribed under paragraph (1) shall (A) China’s State-Owned Enterprises operation forum (APEC) offers a ready mech- provide for special consideration to be given (SOEs) lack adequate disclosure standards, anism for pursuit of such initiatives. to contracts that— which creates the potential for United States (D) Actions by the administration to work (A) have been performed by Federal Gov- investors to unwittingly contribute to enter- with China to prevent proliferation of pro- ernment employees at any time on or after prises that are involved in activities harmful hibited technologies and to secure China’s October 1, 1980; to United States security interests; agreement to renew efforts to curtail North (B) are associated with the performance of (B) United States influence and vital long- Korea’s commercial export of ballistic mis- inherently governmental functions; term interests in Asia are being challenged siles.

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.009 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12783 (E) Actions by the Secretaries of State and opment of new robotics or unmanned ground ‘‘(A) provide that aggregate payments to Energy to consult with the International En- vehicle systems capabilities, including the the contractor may not exceed the amount ergy Agency with the objective of upgrading specific missions of each such organization the agency would have paid, in accordance the current loose experience-sharing ar- in such efforts. with the baseline of current and projected rangement whereby China engages in some (7) A description of the activities of the De- costs incorporated in such contract, during limited exchanges with the organization, to partment to collaborate with industry, aca- the period covered by such contract; and a more structured arrangement. demia, and other Government and non- ‘‘(B) require an independent annual audit (F) Actions by the administration to de- government organizations in the develop- of actual costs in accordance with the meth- velop a coordinated, comprehensive national ment of new capabilities in robotics and un- odology established under paragraph (5)(B), policy and strategy designed to maintain manned ground vehicle systems. which shall serve as a basis for annual pay- United States scientific and technological (8) An assessment of the short-term and ments based on savings share ratio estab- leadership and competitiveness, in light of long-term ability of the industrial base of lished in such contract.’’. the rise of China and the challenges of the United States to support the production (c) EXTENSION OF PILOT PROGRAM.—Such globalization. of robotics and unmanned ground vehicle section is further amended— (G) Actions to review laws and regulations systems to meet Department requirements. (1) in subsection (b)(3)(B), by striking ‘‘fis- governing the Committee on Foreign Invest- (9) An assessment of the progress being cal years 2003, 2004, and 2005’’ and inserting ment in the United States (CFIUS), includ- made to achieve the goal established by sec- ‘‘fiscal years 2003 through 2007’’; and ing exploring whether the definition of nation 220(a)(2) of the Floyd D. Spence National (2) in subsection (d), by striking ‘‘Sep- tional security should include the potential Defense Authorization Act for Fiscal Year tember 30, 2005’’ and inserting ‘‘September impact on national economic security as a 2001 (as enacted into law by Public Law 106– 30, 2007’’. criterion to be reviewed, and whether the 398; 114 Stat. 1654A–38) that, by 2015, one- chairmanship of CFIUS should be transferred third of operational ground combat vehicles (d) REPORTS TO CONGRESS.— from the Secretary of the Treasury to a be unmanned. (1) SECRETARY OF DEFENSE REPORTS.—Not more appropriate executive branch agency. (10) An assessment of international re- later than March 31, 2006, and each year (H) Actions by the President and the Sec- search, technology, and military capabilities thereafter until the year after the termi- retaries of State and Defense to press strong- in robotics and unmanned ground vehicle nation of the pilot program under section ly their European Union counterparts to systems. 2332 of title 10, United States Code (as amended by subsection (a)), the Secretary of maintain the EU arms embargo on China. AMENDMENT NO. 2537 (I) Actions by the administration to dis- Defense shall submit to Congress a report (Purpose: To modify and extend the pilot containing a list of each contract entered courage foreign defense contractors from program on share-in-savings contracts) selling sensitive military use technology or into by each Federal agency under such sec- At the end of subtitle A of title VIII, add tion during the preceding year that contains weapons systems to China. The administra- the following: tion should provide a comprehensive annual terms providing for the contractor to imple- SEC. ll. MODIFICATION AND EXTENSION OF ment information technology improvements report to the appropriate committees of Con- PILOT PROGRAM ON SHARE-IN-SAV- gress on the nature and scope of foreign mili- in exchange for a share of the savings de- INGS CONTRACTS. rived from the implementation of such im- tary sales to China, particularly sales by (a) INCLUSION OF INFORMATION TECHNOLOGY Russia and Israel. provements. The report shall set forth, for IMPROVEMENTS IN SHARE-IN-SAVINGS.—Para- each contract listed— AMENDMENT NO. 2536 graph (1) of subsection (a) of section 2332 of (A) the information technology perform- (Purpose: To require a report on the develop- title 10, United States Code, is amended by ance acquired by reason of the improvements adding at the end the following new sen- ment and utilization by the Department of concerned; tence: ‘‘Each such contract shall provide Defense of robotics and unmanned ground (B) the total amount of payments made to that the contractor shall incur the cost of vehicle systems) the contractor during the year covered by implementing information technology im- At the end of subtitle E of title II, add the the report; and provements, including costs incurred in ac- following: (C) the total amount of savings or other quiring, installing, maintaining, and upgrad- SEC. ll. REPORT ON DEVELOPMENT AND USE measurable benefits realized by the Federal ing information technology equipment and OF ROBOTICS AND UNMANNED agency during such year as a result of such GROUND VEHICLE SYSTEMS. training personnel in the use of such equipment, in exchange for a share of any savings improvements. (a) REPORT REQUIRED.—Not later than nine (2) COMPTROLLER GENERAL REPORTS.—Not months after the date of the enactment of directly resulting from the implementation of such improvements during the term of the later than two months after the Secretary this Act, the Under Secretary of Defense for submits a report required by paragraph (1), Acquisition, Technology, and Logistics shall contract.’’. (b) CONTRACT PERFORMANCE EVALUATION.— the Comptroller General of the United States submit to the congressional defense commit- Such subsection is further amended— shall submit to Congress a report on the tees a report on the development and utiliza- (1) in paragraph (3), by striking ‘‘, to the costs and benefits to the United States of the tion of robotics and unmanned ground vehi- maximum extent practicable,’’; implementation of the technology improve- cle systems by the Department of Defense. (2) by striking paragraph (4); ments under the contracts covered by such (b) ELEMENTS.—The report required by sub- report, together with such recommendations section (a) shall include the following: (3) by redesignating paragraph (5) as paragraph (7); and as the Comptroller General considers appro- (1) A description of the utilization of robot- priate. ics and unmanned ground vehicle systems in (4) inserting after paragraph (3) the fol- current military operations. lowing new paragraphs: AMENDMENT NO. 2538 ‘‘(4) The head of an agency that enters into (2) A description of the manner in which contracts pursuant to the authority of this (Purpose: To provide for the supervision and the development of robotics and unmanned section shall establish a panel of employees management of the Defense Business ground vehicle systems capabilities supports of such agency, independent of any program Transformation Agency) current major acquisition programs of the office or contracting office responsible for Department of Defense. At the end of subtitle C of title III, add the awarding and administering such contracts, (3) A detailed description, including budget following: for the purpose of verifying performance estimates, of all Department programs and baselines and methodologies for calculating SEC. ll. SUPERVISION AND MANAGEMENT OF activities on robotics and unmanned ground savings resulting from the implementation DEFENSE BUSINESS TRANS- vehicle systems for fiscal years 2004 through of information technology improvements FORMATION AGENCY. 2012, including programs and activities relat- under such contracts. Employees assigned to Section 192 of title 10, United States Code, ing to research, development, test and eval- any such panel shall have experience and ex- is amended by adding at the end the fol- uation, procurement, and operation and pertise appropriate for the duties of such lowing new subsection: maintenance. panel. ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS (4) A description of the long-term research ‘‘(5) Each contract awarded pursuant to TRANSFORMATION AGENCY.—(1) The Defense and development strategy of the Department the authority of this section shall include a Business Transformation Agency shall be su- on technology for the development and inte- provision containing a quantifiable baseline pervised by the vice chairman of the Defense gration of new robotics and unmanned of current and projected costs, a method- Business System Management Committee. ground vehicle systems capabilities in sup- ology for calculating actual costs during the port of Department missions. period of performance, and a savings share ‘‘(2) Notwithstanding the results of any (5) A description of any planned dem- ratio governing the amount of payments the periodic review under subsection (c) with re- onstration or experimentation activities of contractor is to receive under such contract gard to the Defense Business Transformation the Department that will support the devel- that are certified by a panel established pur- Agency, the Secretary of Defense shall des- opment and deployment of robotics and un- suant to paragraph (4) to be financially ignate that the Agency be managed coopera- manned ground vehicle systems by the De- sound and based on the best available infor- tively by the Deputy Under Secretary of De- partment. mation. fense for Business Transformation and the (6) A statement of the Department organi- ‘‘(6) Each contract awarded pursuant to the Deputy Under Secretary of Defense for Fi- zations currently participating in the devel- authority of this section shall— nancial Management.’’.

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AMENDMENT NO. 2539 forces who died between October 7, 2001, and (c) EXTENSION OF AUTHORITY.—Subsection (Purpose: To make available, with an offset, May 11, 2005, and was not eligible for an addi- (f) of such section is amended— an additional $45,000,000 for aircraft pro- tional death gratuity under section (1) by striking ‘‘through 2006’’ and insert- curement for the Air Force for the procure- 1478(e)(3)(A) of title 10, United States Code ing ‘‘through 2009’’; and ment of one C–37B aircraft) (as added by section 1013(b) of Public Law (2) by striking ‘‘September 30, 2006’’ and in- 109–13), the eligible survivors of such dece- At the end of Subtitle D of title I, add the serting ‘‘September 30, 2009’’. dent shall receive, in addition to the death following: AMENDMENT NO. 2545 gratuity available to such survivors under (Purpose: To authorize certain emergency SEC. 138. C–37B AIRCRAFT. section 1478(a) of such title, an additional supplemental authorizations for the De- (a) ADDITIONAL AMOUNT FOR AIRCRAFT PRO- death gratuity of $150,000 under the same partment of Defense) CUREMENT, AIR FORCE.—The amount author- conditions as provided under section ized to be appropriated by section 103(1) for 1478(e)(4) of such title. At the end of subtitle A of title X, add the aircraft procurement for the Air Force is following: AMENDMENT NO. 2543 hereby increased by $45,000,000. SEC. ll. AUTHORIZATION OF EMERGENCY SUP- (b) AVAILABILITY OF AMOUNT.—Of the (Purpose: To express the sense of the Senate PLEMENTAL APPROPRIATIONS FOR amount authorized to be appropriated by with regard to aeronautics research and THE DEPARTMENT OF DEFENSE. section 103(1) for aircraft for the Air Force, development) (a) FIRST EMERGENCY SUPPLEMENTAL TO as increased by subsection (a), up to At the end of subtitle G of title X, insert: MEET NEEDS ARISING FROM HURRICANE $45,000,000 may be used for the procurement SEC. ll. SENSE OF SENATE ON AERONAUTICS KATRINA.—Amounts authorized to be appro- of one C–37B aircraft. RESEARCH AND DEVELOPMENT. priated to the Department of Defense for fis- (c) OFFSET.—The amount authorized to be (a) FINDINGS.—Congress makes the fol- cal year 2005 in the Ronald W. Reagan Na- appropriated by section 301(1) for operation lowing findings: tional Defense Authorization Act for Fiscal and maintenance for the Army is hereby re- (1) The advances made possible by Govern- Year 2005 (Public Law 108–375) are hereby ad- duced by $25,000,000 and the amount author- ment-funded research in emerging aero- justed, with respect to any such authorized ized to be appropriated by section 301(5) for nautics technologies have enabled long- amount, by the amount by which appropria- O&M, defensewide is hereby reduced by standing military air superiority for the tions pursuant to such authorized amount $20,000,000. United States in recent decades. are increased by a supplemental appropria- (2) Military aircraft incorporate advanced tion, or by a transfer of funds, pursuant to AMENDMENT NO. 2540 technologies developed at research centers of the Emergency Supplemental Appropriations (Purpose: To designate certain financial as- the National Aeronautics and Space Admin- Act to Meet Immediate Needs Arising From sistance for cadets at military junior col- istration. the Consequences of Hurricane Katrina, 2005 leges as Ike Skelton Early Commissioning (3) The vehicle systems program of the Na- (Public Law 109–61). Program Scholarships) tional Aeronautics and Space Administra- (b) SECOND EMERGENCY SUPPLEMENTAL TO At the end of subtitle F of title V, insert tion has provided major technology advances MEET NEEDS ARISING FROM HURRICANE the following: that have been used in every major civil and KATRINA.—Amounts authorized to be appro- SEC. ll. DESIGNATION OF IKE SKELTON EARLY military aircraft developed over the last 50 priated to the Department of Defense for fis- COMMISSIONING PROGRAM SCHOL- years. cal year 2005 in the Ronald W. Reagan Na- ARSHIPS. (4) It is important for the cooperative re- tional Defense Authorization Act for Fiscal Section 2107a of title 10, United States search efforts of the National Aeronautics Year 2005 are hereby adjusted, with respect Code, is amended by adding at the end the and Space Administration and the Depart- to any such authorized amount, by the following new subsection: ment of Defense that funding of research on amount by which appropriations pursuant to ‘‘(j) Financial assistance provided under military aviation technologies be robust. such authorized amount are increased by a this section to a cadet appointed at a mili- (5) Recent National Aeronautics and Space supplemental appropriation, or by a transfer tary junior college is designated as, and shall Administration and independent studies of funds, pursuant to the Second Emergency be known as, an ‘Ike Skelton Early Commis- have demonstrated the competitiveness, sci- Supplemental Appropriations Act to Meet sioning Program Scholarship’.’’. entific merit, and necessity of existing aero- Immediate Needs Arising From the Con- AMENDMENT NO. 2541 nautics programs. sequences of Hurricane Katrina, 2005 (Public (Purpose: To modify eligibility for the posi- (6) The economic and military security of Law 109–62). tion of President of the Naval Post- the United States is enhanced by the contin- (c) SUPPLEMENTAL APPROPRIATIONS FOR graduate School) ued development of improved aeronautics AVIAN FLU PREPAREDNESS.—Amounts au- technologies. thorized to be appropriated to the Depart- At the end of subtitle H of title V, add the (7) A national effort is needed to ensure ment of Defense for fiscal year 2006 in this following: that the National Aeronautics and Space Ad- Act are hereby adjusted, with respect to any SEC. ll. MODIFICATION OF ELIGIBILITY FOR ministration can help meet future aviation such authorized amount, by the amount by POSITION OF PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL. needs. which appropriations pursuant to such au- Subsection (a) of section 7042 of title 10, (b) SENSE OF SENATE.—It is the sense of the thorized amount are increased by a supple- Senate that it is in the national security in- United States Code, is amended to read as mental appropriation, or by a transfer of terest of the United States to maintain a follows: funds, arising from the proposal of the Ad- ‘‘(a)(1) The President of the Naval Post- strong aeronautics research and development ministration relating to avian flu prepared- program within the Department of Defense graduate School shall be one of the fol- ness that was submitted to Congress on No- and the National Aeronautics and Space Ad- lowing: vember 1, 2006. ministration. (d) AMOUNTS REALLOCATED FOR HURRICANE- ‘‘(A) An officer of the Navy not below the RELATED DISASTER RELIEF.—Amounts au- grade of rear admiral (lower half) who is de- AMENDMENT NO. 2544 thorized to be appropriated to the Depart- tailed to such position. (Purpose: To modify the limited acquisition ment of Defense for fiscal year 2006 in this ‘‘(B) A civilian individual having qualifica- authority for the commander of the United Act are hereby adjusted, with respect to any tions appropriate to the position of Presi- States Joint Forces Command) such authorized amount, by the amount by dent of the Naval Postgraduate School who At the end of subtitle E of title VIII, add which appropriations pursuant to such au- is appointed to such position. the following: thorized amount are increased by a realloca- ‘‘(2) The President of the Naval Post- SEC. ll. MODIFICATION OF LIMITED ACQUISI- tion of funds from the Disaster Relief Fund graduate School shall be detailed or assigned TION AUTHORITY FOR THE COM- (DRF) of the Federal Emergency Manage- to such position under paragraph (1) by the MANDER OF THE UNITED STATES ment Agency arising from the proposal of Secretary of the Navy, upon the rec- JOINT FORCES COMMAND. the Director of the Office of Management ommendation of the Chief of Naval Oper- (a) SCOPE OF AUTHORITY.—Subsection (a) of and Budget on the reallocation of amounts ations. section 167a of title 10, United States Code, is ‘‘(3) An individual assigned as President of amended by striking and ‘‘and acquire’’ and for hurricane-related disaster relief that was the Naval Postgraduate School under para- inserting ‘‘, acquire, and sustain’’. submitted to the President on October 28, graph (1)(B) shall serve in such position for a (b) INAPPLICABILITY TO CERTAIN SYSTEMS 2005, and transmitted to the Speaker of the FUNDED WITH OPERATION AND MAINTENANCE term of not more than five years.’’. House of Representatives on that date. FUNDS.—Subsection (d) of such section is (e) AMOUNTS FOR HUMANITARIAN ASSIST- AMENDMENT NO. 2542 amended— ANCE FOR EARTHQUAKE VICTIMS IN PAKI- (Purpose: To provide an additional death (1) in paragraph (1), by striking ‘‘or’’ at the STAN.—There is authorized to be appro- gratuity to the eligible survivors of end; priated as emergency supplemental appro- servicemembers who died between October (2) in paragraph (2), by striking the period priations for the Department of Defense for 7, 2001, and May 11, 2005, from noncombat- at the end and inserting ‘‘; or’’; and fiscal year 2006, $40,000,000 for the use of the related causes while on active duty) (3) by adding at the end the following new Department of Defense for overseas, humani- On page 167, between lines 6 and 7, insert paragraph: tarian, disaster, and civic aid for the purpose the following: ‘‘(3) the total expenditure for operation of providing humanitarian assistance to the (c) ADDITIONAL DEATH GRATUITY.—In the and maintenance is estimated to be $2,000,000 victims of the earthquake that devastated case of an active duty member of the armed or more.’’. northern Pakistan on October 8, 2005.

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(f) REPORTS ON USE OF CERTAIN FUNDS.— ferromanganese from the National Defense SEC. 2887. REQUIRED CONSULTATION WITH (1) REPORT ON USE OF EMERGENCY SUPPLE- Stockpile during fiscal year 2006. STATE AND LOCAL ENTITIES ON MENTAL FUNDS.—Not later than six months TRANSPORTATION, HOUSING, AND (b) CONTINGENT AUTHORITY FOR ADDITIONAL after the date of the enactment of this Act, OTHER INFRASTRUCTURE ISSUES DISPOSAL.—If the Secretary of Defense com- RELATED TO THE ADDITION OF PER- the Secretary of Defense shall submit to the pletes the disposal of the total quantity of SONNEL OR FACILITIES AT MILI- congressional defense committees a report ferromanganese authorized for disposal by TARY INSTALLATIONS AS PART OF on the obligation and expenditure, as of that 2005 ROUND OF DEFENSE BASE CLO- date, of any funds appropriated to the De- subsection (a) before September 30, 2006, the SURE AND REALIGNMENT. partment of Defense for fiscal year 2005 pur- Secretary of Defense may dispose of up to an Section 2905(a) of the Defense Base Closure suant to the Acts referred to in subsections additional 25,000 tons of ferromanganese and Realignment Act of 1990 (part A of title (a) and (b) as authorized by such subsections. from the National Defense Stockpile before XXIX of Public Law 101–510; 10 U.S.C. 2687 The report shall set forth— that date. note) is amended by adding at the end the (A) the amounts so obligated and expended; (c) CERTIFICATION.—The Secretary of De- following new paragraph: and fense may dispose of ferromanganese under ‘‘(3) In carrying out any closure or realign- (B) the purposes for which such amounts the authority of subsection (b) only if the ment under this part that would add per- were so obligated and expended. Secretary submits written certification to sonnel or facilities to an existing military (2) REPORT ON EXPENDITURE OF REIMBURS- the Committee on Armed Services of the installation, the Secretary shall consult ABLE FUNDS.—The Secretary shall include in Senate and the Committee on Armed Serv- with appropriate State and local entities on the report required by paragraph (1) a state- ices of the House of Representatives, not matters affecting the local community re- ment of any expenditure by the Department later than 30 days before the commencement lated to transportation, utility infrastruc- of Defense of funds that were reimbursable ture, housing, schools, and family support of disposal, that— by the Federal Emergency Management activities during the development of plans to (1) the disposal of the additional Agency, or any other department or agency implement such closure or realignment.’’. of the Federal Government, from funds ap- ferromanganese from the National Defense AMENDMENT NO. 2550 propriated in an Act referred to in sub- Stockpile is in the interest of national de- section (a) or (b) to such department or agen- fense; (Purpose: To express the sense of the Senate cy. (2) the disposal of the additional on reversionary interests at Navy ferromanganese will not cause undue disrup- (3) REPORT ON USE OF CERTAIN OTHER homeports) tion to the usual markets of producers and FUNDS.—Not later than May 15, 2006, and At the end of subtitle D of title XXVIII of processors of ferromanganese in the United quarterly thereafter through November 15, division B, add the following: States; and 2006, the Secretary shall submit to the con- SEC. 2887. SENSE OF THE SENATE ON REVER- gressional defense committees a report on (3) the disposal of the additional ferromanganese is consistent with the re- SIONARY INTERESTS AT NAVY the obligation and expenditure, during the HOMEPORTS. previous fiscal year quarter, of any funds ap- quirements and purpose of the National De- fense Stockpile. It is the sense of the Senate that, in imple- propriated to the Department of Defense as menting the decisions made with respect to specified in subsection (c) and any funds re- (d) DELEGATION OF RESPONSIBILITY.—The Navy homeports as part of the 2005 round of allocated to the Department as specified in Secretary of Defense may delegate the re- defense base closure and realignment, the subsection (d). Each report shall, for the fis- sponsibility of the Secretary under sub- Secretary of the Navy should, consistent cal year quarter covered by such report, set section (c) to an appropriate official within with the national interest and Federal policy forth— the Department of Defense. supporting cost-free conveyances of Federal (A) the amounts so obligated and expended; (e) NATIONAL DEFENSE STOCKPILE DE- surplus property suitable for use as port fa- and cilities, release or otherwise relinquish any (B) the purposes for which such amounts FINED.—In this section, the term ‘‘National Defense Stockpile’’ means the stockpile pro- entitlement to receive, pursuant to any were so obligated and expended. agreement providing for such payment, com- vided for in section 4 of the Strategic and (g) REPORT ON ASSISTANCE FOR EARTHQUAKE pensation from any holder of a reversionary Critical Materials Stock Piling Act (50 VICTIMS IN PAKISTAN.—Not later than 30 days interest in real property used by the United U.S.C. 98c). after the date of the enactment of this Act, States for improvements made to any mili- the Secretary of Defense shall submit to the AMENDMENT NO. 2548 tary installation that is closed or realigned congressional defense committees a report as part of such base closure round. describing Department of Defense efforts to (Purpose: To improve the Armament Retool- AMENDMENT NO. 2551 provide relief to victims of the earthquake ing and Manufacturing Support Initiative) that devastated northern Pakistan on Octo- (Purpose: To require a report on claims re- ber 8, 2005, and assessing the need for further At the end of subtitle C of title III, add the lated to the bombing of the LaBelle Dis- reconstruction and relief assistance. following: cotheque in Berlin, Germany) AMENDMENT NO. 2546 SEC. ll. ARMAMENT RETOOLING AND MANU- At the end of subtitle G of title X, add the (Purpose: To express the sense of the Senate FACTURING SUPPORT INITIATIVE following: on certain matters relating to the National MATTERS. SEC. 1073. REPORT ON CLAIMS RELATED TO THE Guard and Reserves) (a) INCLUSION OF ADDITIONAL FACILITIES BOMBING OF THE LABELLE DIS- COTHEQUE. At the end of subtitle C of title V, add the WITHIN INITIATIVE.—Section 4551(2) of title following: 10, United States Code, is amended by insert- (a) SENSE OF CONGRESS.—It is the sense of Congress that— SEC. ll. SENSE OF SENATE ON CERTAIN MAT- ing ‘‘, or a Government-owned, contractor- (1) the Government of Libya should be TERS RELATING TO THE NATIONAL operated depot for the storage, maintenance, commended for the steps the Government GUARD AND RESERVES. renovation, or demilitarization of ammuni- has taken to renounce terrorism and to It is the sense of the Senate— tion,’’ after ‘‘manufacturing facility’’. (1) to recognize the important and integral eliminate Libya’s weapons of mass destruc- role played by members of the Active Guard (b) ADDITIONAL CONSIDERATION FOR USE OF tion and related programs; and and Reserve and military technicians (dual FACILITIES.—Section 4554(b)(2) of such title is (2) an important priority for improving re- status) in the efforts of the Armed Forces; amended by adding at the end the following lations between the United States and Libya and new subparagraph: should be a good faith effort on the part of (2) to urge the Secretary of Defense to ‘‘(D) The demilitarization and storage of the Government of Libya to resolve the promptly resolve issues relating to appro- conventional ammunition.’’. claims of members of the Armed Forces of priate authority for payment of reenlistment the United States and other United States AMENDMENT NO. 2549 bonsuses stemming from reenlistment con- citizens who were injured in the bombing of tracts entered into between January 14, 2005, (Purpose: To require the Secretary of De- the LaBelle Discotheque in Berlin, Germany and April 17, 2005, involving members of the fense to consult with appropriate State that occurred in April 1986, and of family Army National Guard and military techni- and local entities on transportation, util- members of members of the Armed Forces of cians (dual status). ity infrastructure, housing, schools, and the United States who were killed in that bombing. AMENDMENT NO. 2547 family support activities related to the (b) REPORTS.— (Purpose: To authorize the disposal of planned addition of personnel or facilities to existing military installations in con- (1) INITIAL REPORT.—Not later than 90 days ferromanganese from the National Defense after the date of enactment of this Act, the Stockpile) nection with the closure or realignment of military installations as part of the 2005 Secretary of State shall submit to the appro- At the end of title XXXIII of division C, round of defense base closure and realign- priate congressional committees a report on add the following: ment) the status of negotiations between the Gov- SEC. 3302. DISPOSAL OF FERROMANGANESE. ernment of Libya and United States claim- (a) DISPOSAL AUTHORIZED.—The Secretary At the end of subtitle D of title XXVIII of ants in connection with the bombing of the of Defense may dispose of up to 75,000 tons of division B, add the following: LaBelle Discotheque in Berlin, Germany

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.010 S15NOPT1 S12786 CONGRESSIONAL RECORD — SENATE November 15, 2005 that occurred in April 1986, regarding resolu- identification in such form as the Secretary (4) The 2005 Base Closure and Realignment tion of their claims. The report shall also in- determines to be appropriate. Commission, in its decision to close Fort clude information on efforts by the Govern- (3) CONCURRENCE.— Monmouth, included a provision requiring ment of the United States to urge the Gov- (A) IN GENERAL.—An identification under the Secretary of Defense to provide a report ernment of Libya to make a good faith effort paragraph (1) shall not be considered to be that ‘‘movement of organizations, functions, to resolve such claims. complete until— or activities from Fort Monmouth to Aber- (2) UPDATE.—Not later than one year after (i) for a property that is a site, or part of deen Proving Ground will be accomplished enactment of this Act, the Secretary of a site, on the National Priorities List devel- without disruption of their support to the State shall submit to the appropriate con- oped by the President in accordance with Global War on Terrorism or other critical gressional committees an update of the re- section 105(a)(8)(B) of the Comprehensive En- contingency operations, and that safeguards port required by paragraph (1). vironmental Response, Compensation, and exist to ensure that necessary redundant ca- (c) APPROPRIATE CONGRESSIONAL COMMIT- Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), pabilities are put in place to mitigate poten- TEES DEFINED.—In this section, the term the date on which the Administrator of the tial degradation of such support, and to en- ‘‘appropriate congressional committees’’ Environmental Protection Agency and each sure maximum retention of critical work- means the Committee on Armed Services appropriate State and tribal government of- force’’. and the Committee on Foreign Relations of ficial concur with the identification; and (5) The Overseas Basing Commission found the Senate and the Committee on Armed (ii) for any property that is not a site de- that ‘‘base closings at home along with the Services and the Committee on Inter- scribed in clause (i), the date on which each return of yet additional masses of service national Relations of the House of Rep- appropriate State and tribal government of- members and dependents from overseas will resentatives. ficial concurs with the identification. have major impact on local communities and AMENDMENT NO. 2552 (B) FAILURE TO ACT.—The Administrator, the quality of life that can be expected. or a State or tribal government official, Movements abroad from established bases (Purpose: To provide that none of the funds shall be considered to concur with an identi- into new locations, or into locations already authorized to be appropriated to the De- fication under paragraph (1) if the Adminis- in use that will be put under pressure by in- partment of Energy under this Act may be trator or government official fails to make a creases in populations, will impact on living made available for the Robust Nuclear determination with respect to a request for conditions.’’ Earth Penetrator) concurrence with such identification under (6) The Overseas Basing Commission notes On page 378, between lines 10 and 11, insert paragraph (2)(B) by not later than 90 days that the four most critical elements of qual- the following: after the date on which such request for con- ity of life as they relate to restructuring of SEC. 3114. PROHIBITION ON USE OF FUNDS FOR currence is received. the global defense posture are housing, mili- ROBUST NUCLEAR EARTH PENE- (b) EXPEDITING ENVIRONMENTAL RE- tary child education, healthcare, and service TRATOR. SPONSE.—The Secretary of Defense shall co- member and family services. None of the funds authorized to be appro- ordinate with appropriate Federal, State, (7) The Overseas Basing Commission rec- priated to the Department of Energy under tribal, and local governmental officials, as ommended that ‘‘planners must take a ‘last this Act may be made available for the Ro- determined by the Secretary, to expedite en- day-first day’ approach to the movement of bust Nuclear Earth Penetrator. vironmental response at military installa- units and families from one location to an- AMENDMENT NO. 2553 tions approved for closure or realignment other’’, meaning that they must maintain under the 2005 round of defense base closure (Purpose: To require the identification of en- the support infrastructure for personnel and realignment. until the last day they are in place and must vironmental conditions at military instal- (c) REPORT.—The Secretary shall submit to have the support infrastructure in place on lations closed or realigned as part of the Congress, as part of each annual report the first day troops arrive in the new loca- 2005 round of defense base closure and re- under section 2706 of title 10, United States tion. alignment) Code, a report describing any progress made (8) The Overseas Basing Commission fur- At the end of subtitle D of title XXVIII of in carrying out this section. ther recommended that it is ‘‘imperative division B, add the following: (d) EFFECT OF SECTION.—Nothing in this that the ‘last day-first day’ approach should SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL section affects any obligation of the Sec- retary with respect to any other Federal or be taken whether the movement is abroad CONDITIONS AT MILITARY INSTAL- from one locale to another, from overseas to LATIONS CLOSED OR REALIGNED State requirement relating to— UNDER 2005 ROUND OF DEFENSE (1) the environment; or the United States, or from one base in BASE CLOSURE AND REALIGNMENT. (2) the transfer of property. CONUS [the continental United States] to yet another as a result of base realignment (a) IDENTIFICATION OF ENVIRONMENTAL CON- AMENDMENT NO. 2554 and closures’’. DITION OF PROPERTY.— (Purpose: To express the sense of Congress (b) SENSE OF CONGRESS.—It is the sense of (1) IN GENERAL.—Not later than May 31, that the Secretary of Defense should not 2007, the Secretary of Defense, in consulta- Congress that the Secretary of Defense transfer any unit from a military installa- should not transfer any unit from a military tion with the Administrator of the Environ- tion that is closed or realigned until ade- mental Protection Agency, other appropriate installation closed or realigned due to the re- quate facilities and infrastructure nec- location of forces under the Integrated Glob- Federal agencies, and State, tribal, and local essary to support such unit and quality of government officials, shall complete an iden- al Presence and Basing Strategy or the 2005 life requirements are ready at the receiv- round of defense base closure and realign- tification of the environmental condition of ing location) the real property (including groundwater) of ment until adequate facilities and infra- At the end of subtitle D of title XXVIII, each military installation approved for clo- structure necessary to support the unit’s add the following: sure or realignment under the 2005 round of mission and quality of life requirements for SEC. 2887. SENSE OF CONGRESS ON LIMITATION defense base closure and realignment in ac- military families are ready for use at the re- ON TRANSFER OF UNITS FROM ceiving location. cordance with section 120(h)(4) of the Com- CLOSED AND REALIGNED MILITARY prehensive Environmental Response, Com- INSTALLATIONS PENDING READI- AMENDMENT NO. 2555 pensation, and Liability Act of 1980 (42 NESS OF RECEIVING LOCATIONS. (Purpose: To extend the period for which cer- U.S.C. 9620(h)(4)). (a) FINDINGS.— tain individuals in families that include (2) RESULTS.— (1) The Commission on Review of Overseas members of the Reserve and National (A) IN GENERAL.—As soon as practicable Military Facility Structure of the United Guard do not have to reapply for supple- after the date on which an identification States, also known as the Overseas Basing mental security income benefits after a pe- under paragraph (1) is completed, the Sec- Commission, transmitted a report to the riod of ineligibility for such benefits) retary of Defense shall— President and Congress on August 15, 2005, In title VI, subtitle E, at the end, insert (i) provide a notice of the results of the that discussed considerations for the return the following: identification to— to the United States of up to 70,000 service SEC. ll. EXTENSION OF ELIGIBILITY FOR SSI (I) the Administrator of the Environmental personnel and 100,000 family members and ci- FOR CERTAIN INDIVIDUALS IN FAMI- Protection Agency; vilian employees from overseas garrisons. LIES THAT INCLUDE MEMBERS OF (II) the head of any other appropriate Fed- (2) The 2005 Base Closure and Realignment THE RESERVE AND NATIONAL eral agency, as determined by the Secretary; Commission released a report on September GUARD. and 8, 2005, to the President that assessed the Section 1631(j)(1)(B) of the Social Security (III) any affected State or tribal govern- closure and realignment decisions of the De- Act (42 U.S.C. 1383(j)(1)(B)) is amended by in- ment official, as determined by the Sec- partment of Defense, which would affect serting ‘‘(24 consecutive months, in the case retary; and 26,830 military personnel positions. of such an individual whose ineligibility for (ii) publish in the Federal Register the re- (3) Both of these reports expressed con- benefits under or pursuant to both such sec- sults of the identification. cerns that massive movements of units, serv- tions is a result of being called to active (B) REQUEST FOR CONCURRENCE.—The Sec- ice personnel, and families may disrupt unit duty pursuant to section 12301(d) or 12302 of retary shall include in a notice provided operational effectiveness and the quality of title 10, United States Code, or section 502(f) under subclause (I) or (III) of subparagraph life for family members if not carried out of title 32, United States Code)’’ after ‘‘for a (A)(i) a request for concurrence with the with adequate planning and resources. period of 12 consecutive months’’.

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.011 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12787

AMENDMENT NO. 2556 (C) the total cost of each system in the troller General shall seek the views of rep- (Purpose: To urge the prompt submission of most recent fiscal year for which complete resentatives of military family organiza- interim reports on residual beryllium con- cost data for both systems exists; tions, military retiree organizations, and or- tamination at Department of Energy ven- (D) the annual workload or production of ganizations representing veterans and their dor facilities) health care by beneficiary category in each families. On page 378, between lines 10 and 11, insert system in the most recent fiscal year for (d) APPROPRIATE COMMITTEES OF CONGRESS the following: which complete data on workload or produc- DEFINED.—In this section, the term ‘‘appro- tion of health care for both systems exists; SEC. 3114. SENSE OF THE SENATE REGARDING IN- priate committees of Congress’’ means— TERIM REPORTS ON RESIDUAL BE- (E) the total cost of health care by bene- (1) the Committees on Armed Services and RYLLIUM CONTAMINATION AT DE- ficiary category in each system in the most Veterans Affairs’ of the Senate; and PARTMENT OF ENERGY VENDOR FA- recent fiscal year for which complete cost (2) the Committees on Armed Services and CILITIES. data for both systems exists; Veterans Affairs’ of the House of Representa- (a) FINDINGS.—The Senate makes the fol- (F) the total staffing of medical and ad- tives. lowing findings: ministrative personnel in each system as of AMENDMENT NO. 2558 (1) Section 3169 of the Ronald W. Reagan September 30, 2005; National Defense Authorization Act for Fis- (G) the number and location of facilities, (Purpose: To authorize grants for local work- cal Year 2005 (Public Law 108–375; 42 U.S.C. including both hospitals and clinics, oper- force investment boards for the provision 7384 note) requires the National Institute for ated by each system as of that date; and of services to spouses of certain members Occupational Safety and Health to submit, (H) the size, capacity, and production of of the Armed Forces) not later than December 31, 2006, an update graduate medical education programs in At the end of subtitle C of title III, add the to the October 2003 report of the Institute on each system as of that date. following: residual beryllium contamination at Depart- (2) A comparative analysis of the charac- SEC. ll. GRANTS FOR LOCAL WORKFORCE IN- ment of Energy vendor facilities. teristics of each health care system, includ- VESTMENT BOARDS FOR SERVICES (2) The American Beryllium Company, ing a determination and comparative anal- FOR CERTAIN SPOUSES OF MEM- Tallevast, Florida, machined beryllium for ysis of— BERS OF THE ARMED FORCES. the Department of Energy’s Oak Ridge Y-12, (A) the mission of such systems; (a) GRANTS AUTHORIZED.—The Secretary of Tennessee, and Rocky Flats, Colorado, facili- (B) the demographic characteristics of the Defense may, from any funds authorized to ties from 1967 until 1992. populations served by such systems; be appropriated to the Department of De- (3) The National Institute for Occupational (C) the categories of eligibility for health fense, and in consultation with the Depart- Safety and Health has completed its evalua- care services in such systems; ment of Labor, make grants to local work- tion of residual beryllium contamination at (D) the nature of benefits available by ben- force investments boards established under the American Beryllium Company. eficiary category in such systems; section 117 of the Workforce Investment Act (4) Workers at the American Beryllium (E) access to and quality of health care of 1998 (29 U.S.C. 2832), or consortia of such Company and other affected companies services in such systems; boards, in order to permit such boards or should be made aware fo the site-specific re- (F) the out-of-pocket expenses for health consortia of boards to provide services to sults of the study as soon as such results are care by beneficiary category in such sys- spouses of members of the Armed Forces de- available. tems; scribed in subsection (b). (b) SENSE OF THE SENATE.—It is the sense (G) the structure and methods of financing (b) COVERED SPOUSES.—Spouses of mem- of the Senate to urge the Director of the Na- the care for all categories of beneficiaries in bers of the Armed Forces described in this tional Institute for Occupational Safety and such systems; subsection are spouses of members of the Health— (H) the management and acquisition of Armed Forces on active duty, which (1) to provide to Congress interim reports medical equipment and supplies in such sys- spouses— of residual beryllium contamination at fa- tems, including pharmaceuticals and pros- (1) have experienced a loss of employment cilities not later than 14 days after com- thetic and other medical assistive devices; as a direct result of relocation of such mem- pleting the internal review of such reports; (I) the mix of health care services available bers to accommodate a permanent change in and in such systems; duty station; or (2) to publish in the Federal Register sum- (J) the current inpatient and outpatient (2) are in a family whose income is signifi- maries of the findings of such reports, in- capacity of such systems; and cantly reduced due to— cluding the dates of any significant residual (K) the human resource systems for med- (A) the deployment of such members; beryllium contamination, at such time as ical personnel in such systems, including the (B) the call or order of such members to ac- the reports are provided to Congress under rates of compensation for civilian employ- tive duty in support of a contingency oper- paragraph (1). ees. ation pursuant to a provision of law referred (3) A summary of current sharing efforts AMENDMENT NO. 2557 to in section 101(a)(13)(B) of title 10, United between the health care systems of the De- States Code; (Purpose: To require a report on an expanded partment of Defense and the Department of (C) a permanent change in duty station of partnership between the Department of De- Veterans Affairs. such members; or fense and the Department of Veterans Af- (4) An assessment of the advantages and (D) the incurral by such members of a serv- fairs for the provision of health care serv- disadvantages for military retirees and their ice-connected disability (as that term is de- ices) dependents participating in the health care fined in section 101(16) of title 38, United At the end of subtitle B of title VII, add system of the Department of Veterans Af- States Code). the following: fairs of an expanded partnership betwen the (c) REGULATIONS.—Any grants made under SEC. ll. COMPTROLLER GENERAL REPORT ON health care systems of the Department of this section shall be made pursuant to regu- EXPANDED PARTNERSHIP BETWEEN Defense and the Department of Veterans Af- lations prescribed by the Secretary in con- THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS fairs, with a separate assessment to be made sultation with the Department of Labor. AFFAIRS ON THE PROVISION OF for— Such regulation shall set forth— HEALTH CARE SERVICES. (A) military retirees and dependents under (1) criteria for eligibility of workforce in- (a) REPORT REQUIRED.—Not later than 180 the age of 65; and vestment boards for grants under this sec- days after the date of the enactment of this (B) military retirees and dependents over tion; Act, the Comptroller General of the United the age of 65. (2) requirements for applications for such States shall submit to the appropriate com- (5) Projections for the future growth of grants; and mittees of Congress a report on the feasi- health care costs for retirees and veterans in (3) the nature of services to be provided bility of an expanded partnership between the health care systems of the Department using such grants. the Department of Defense and the Depart- of Defense and the Department of Veterans AMENDMENT NO. 2559 ment of Veterans Affairs for the provision of Affairs, including recommendations on (Purpose: To make available $7,000,000 from health care services. mechanisms to ensure more effective and Operation and Maintenance, Defense-Wide, (b) REPORT ELEMENTS.—The report re- higher quality services in the future for mili- for the reimbursement of expenses related quired by subsection (a) shall include the fol- tary retirees and veterans now served by to the Rest and Recuperation Leave Pro- lowing: both systems. grams) (1) An overview of the current health care (6) Options for means of achievinng a more systems of the Department of Defense and effective partnership between the health At the end of subtitle C of title III, add the the Department of Veterans Affairs, includ- care systems of the Department of Defense following: ing— and the Department of Veterans Affairs, in- SEC. ll. REST AND RECUPERATION LEAVE PRO- (A) the total number of eligible bene- cluding options for the expansion of, and en- GRAMS. ficiaries in each system as of September 30, hancement of access of military retirees and (a) AVAILABILITY OF FUNDS FOR REIMBURSE- 2005; their dependents to, the health care system MENT OF EXPENSES.—Of the amount author- (B) the total number of current consumers of the Department of Veterans Affairs. ized to be appropriated by section 301(5) for of health care services in each system as of (c) SOLICITATION OF VIEW.—In preparing the operation and maintenance for Defense-wide that date; report required by subsection (a), the Comp- activities, $7,000,000 may be available for the

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.014 S15NOPT1 S12788 CONGRESSIONAL RECORD — SENATE November 15, 2005 reimbursement of expenses of the Armed (i) the so-called ‘‘stop loss’’ authority and SECTION ll. DENIAL OF CERTAIN BURIAL-RE- Forces Recreation Centers related to the uti- the manner in which exercise of such author- LATED BENEFITS FOR INDIVIDUALS lization of the facilities of the Armed Forces ity could affect the duration of an individ- WHO COMMITTED A CAPITAL OF- Recreation Centers under official Rest and ual’s service on active duty in the Armed FENSE. Recuperation Leave Programs authorized by Forces; (a) PROHIBITION AGAINST INTERMENT IN NA- the military departments or combatant com- (ii) the authority for the call or order to TIONAL CEMETERY.—Section 2411 of title 38, manders. active duty of members of the Individual United States Code, is amended— (b) UTILIZATION OF REIMBURSEMENTS.— Ready Reserve and the manner in which such (1) in subsection (b)— Amounts received by the Armed Forces a call or order to active duty could affect an (A) by amending paragraph (1) to read as Recreation Centers under subsection (a) as individual following the completion of the follows: reimbursement for expenses may be utilized individual’s expected period of service on ac- ‘‘(1) A person whose conviction of a Federal by such Centers for facility maintenance and tive duty or in the Individual Ready Reserve; capital crime is final.’’; and repair, utility expenses, correction of health and and safety deficiencies, and routine ground (B) by amending paragraph (2) to read as (iii) any other authorities applicable to the follows: maintenance. call or order to active duty of the Reserves, (c) REGULATIONS.—The utilization of facili- ‘‘(2) A person whose conviction of a State or of the retention of members of the Armed ties of the Armed Forces Recreation Centers capital crime is final.’’; and under Rest and Recuperation Leave Pro- Forces on active duty, that could affect the (2) in subsection (d)— grams, and reimbursement for expenses re- period of service of an individual on active (A) in paragraph (1), by striking ‘‘the death lated to such utilization of such facilities, duty or in the Armed Forces; and penalty or life imprisonment’’ and inserting shall be subject to regulations prescribed by (B) such other information as the Sec- ‘‘a life sentence or the death penalty’’; and the Secretary of Defense. retary considers appropriate. (B) in paragraph (2), by striking ‘‘the death AMENDMENT NO. 2560 AMENDMENT NO. 2561 penalty or life imprisonment without parole (Purpose: To require a report on the informa- may be imposed’’ and inserting ‘‘a life sen- (Purpose: To require preparation of a devel- tence or the death penalty may be imposed’’. tion given to individuals enlisting in the opment plan for a national coal-to-liquid Armed Forces of the so-called ‘‘stop loss’’ fuels program) (b) DENIAL OF CERTAIN BURIAL-RELATED authority of the Armed Forces) BENEFITS.—Section 985 of title 10, United At the end of subtitle B of title V, add the At the end of subtitle G of title X of divi- States Code, is amended— following: sion A, add the following: (1) in subsection (a), by striking ‘‘who has SEC. ll. REPORT ON INFORMATION ON STOP SEC. 1073. COAL-TO-LIQUID FUEL DEVELOPMENT been convicted of a capital offense under LOSS AUTHORITIES GIVEN TO EN- PLAN. Federal or State law for which the person LISTEES IN THE ARMED FORCES. was sentenced to death or life imprisonment (a) DEFINITION OF DESIGNATED COMMIT- (a) FINDINGS.—Congress makes the fol- without parole.’’ and inserting ‘‘described in TEES.—In this section, the term ‘‘designated lowing findings: section 2411(b) of title 38.’’; (1) The Department of Defense began re- committees’’ means— (1) the Committees on Armed Services, En- (2) in subsection (b), by striking ‘‘convicted taining selected members of the Armed of a capital offense under Federal law’’ and Forces beyond their contractual date of sep- ergy and Natural Resources, and Appropria- tions of the Senate; and inserting ‘‘described in section 2411(b) of aration from the Armed Forces, a policy title 38’’; and commonly known as ‘‘stop loss’’, shortly (2) the Committees on Armed Services, En- ergy and Commerce, and Appropriations of (3) by amending subsection (c) to read as after the events of September 11, 2001, and follows: for the first time since Operation Desert the House of Representatives. Shield/Desert Storm. (b) DEVELOPMENT PLAN AND REPORT.—Not ‘‘(c) DEFINITION.—In this section, the term (2) The Marine Corps, Navy, and Air Force later than 90 days after the date of enact- ‘burial’ includes inurnment.’’. discontinued their use of stop loss authority ment of this Act, using amounts available to (c) DENIAL OF FUNERAL HONORS.—Section in 2003. According to the Department of De- the Department of Defense and the National 1491(h) of title 10, United States Code, is fense, a total of 8,992 marines, 2,600 sailors, Energy Technology Laboratory of the De- amended— and 8,500 airmen were kept beyond their sep- partment of Energy— (1) by redesignating paragraphs (1) and (2) aration dates under that authority. (1) the Secretary of Energy, in coordina- as subparagraphs (A) and (B), respectively; (3) The Army is the only Armed Force cur- tion with the Secretary of Defense, shall pre- (2) by striking ‘‘ means a decedent who—’’ rently using stop loss authority. The Army pare and submit to the designated commit- and inserting the following: ‘‘— reports that, during September 2005, it was tees a development plan for a coal-to-liquid ‘‘(1) means a decedent who—’’; retaining 6,929 regular component soldiers, fuels program; and (3) in subparagraph (B), as redesignated, by 3,002 soldiers in the National Guard, and 2,847 (2) the Secretary of Defense, in coordina- striking the period at the end and inserting soldiers in the Army Reserve beyond their tion with the Secretary of Energy, shall pre- ‘‘; and’’; and separation date. The Army reports that it pare and submit to the designated commit- (4) by adding at the end the following: has not kept an account of the cumulative tees a report on the potential use of the fuels ‘‘(2) does not include any person described number of soldiers who have been kept be- by the Department of Defense. in section 2411(b) of title 38.’’. yond their separation date. (c) REQUIREMENTS.—The development plan (d) RULEMAKING.— (4) The Department of Defense Form 4/1, described in subsection (b)(1) shall be pre- (1) DEPARTMENT OF DEFENSE.—The Sec- Enlistment/Reenlistment Document does not pared taking into consideration— retary of Defense shall prescribe regulations give notice to enlistees and reenlistees in the (1) technology needs and developmental to ensure that a person is not interred in any regular components of the Armed Forces barriers; military cemetery under the authority of the that they may be kept beyond their contrac- (2) economic and national security effects; Secretary or provided funeral honors under tual separation date during times of partial (3) environmental standards and carbon section 1491 of title 10, United States Code, mobilization. capture and storage opportunities; unless a good faith effort has been made to (5) The Department of Defense has an obli- (4) financial incentives; determine whether such person is described gation to clearly communicate to all poten- (5) timelines and milestones; in section 2411(b) of title 38, United States tial enlistees and reenlistees in the Armed (6) diverse regions having coal reserves Code, or is otherwise ineligible for such in- Forces their terms of service in the Armed that would be suitable for liquefaction terment or honors under Federal law. Forces. plants; (b) REPORT.— (2) DEPARTMENT OF VETERANS AFFAIRS.— (7) coal-liquid fuel testing to meet civilian (1) IN GENERAL.—Not later than 90 days The Secretary of Veterans Affairs shall pre- and military engine standards and markets; after the date of the enactment of this Act, scribe regulations to ensure that a person is and the Secretary of Defense shall submit to the not interred in any cemetery in the National (8) any roles other Federal agencies, State congressional defense committees a report Cemetery System unless a good faith effort governments, and international entities on the actions being taken to ensure that has been made to determine whether such could play in developing a coal-to-liquid fuel each individual being recruited for service in person is described in section 2411(b) of title industry. the Armed Forces is provided, before making 38, United States Code, or is otherwise ineli- a formal enlistment in the Armed Forces, AMENDMENT NO. 2562 gible for such interment under Federal law. precise and detailed information on the pe- (Purpose: To amend titles 10 and 38 of the (e) SAVINGS PROVISION.—The amendments riod or periods of service to which such indi- United States Code, to modify the cir- made by subsections (a), (b), and (c) shall not vidual may be obligated by reason of enlist- cumstances under which a person who has apply to any person whose sentence for a ment in the Armed Forces, including any re- committed a capital offense is denied cer- visions to Department of Defense Form 4/1. Federal capital crime or a State capital tain burial-related benefits and funeral (2) ELEMENTS.—The report under paragraph crime (as such terms are defined in section honors) (1) shall include— 2411(d) of title 38, United States Code) was (A) a description of how the Department At the appropriate place, insert the fol- commuted by the President or the Governor informs enlistees in the Armed Forces on— lowing: of a State.

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AMENDMENT NO. 2563 tion or organization under the jurisdiction of SEC. ll. SENSE OF SENATE ON APPLICABILITY (Purpose: To require an annual report on the such Secretary. OF UNIFORM CODE OF MILITARY ‘‘(2)(A) Subject to subsection (b), the Sec- JUSTICE TO RESERVES ON INAC- budgeting of the Department of Defense re- TIVE-DUTY TRAINING OVERSEAS. lated to key military equipment) retary concerned may accept, hold, administer, and spend any gift, devise, or bequest It is the sense of the Senate that— At the end of subtitle D of title X, add the of real or personal property made on the con- (1) there should be no ambiguity about the following: dition that it be used for the benefit of mem- applicability of the Uniform Code of Military SEC. ll. ANNUAL REPORTS ON BUDGETING RE- bers of the armed forces or civilian employ- Justice (UCMJ) to members of the reserve LATING TO KEY MILITARY EQUIP- ees of United States Government, or the de- components of the Armed Forces while serv- MENT. ing overseas under inactive-duty training (a) IN GENERAL.—Chapter 9 of title 10, pendents or survivors of such members or employees, who are wounded or killed while (IDT) orders for any period of time under United States Code, is amended by adding at such orders; and the end the following new section: serving in Operation Iraqi Freedom, Oper- ation Enduring Freedom, or any other mili- (2) the Secretary of Defense should— ‘‘§ 234. Budgeting for key military equipment: tary operation or activity, or geographic (A) take action, not later than February 1, annual reports area, designated by the Secretary of Defense 2006, to clarify jurisdictional issues relating ‘‘(a) ANNUAL REPORT REQUIRED.—The Sec- for purposes of this section. to such applicability under section 802 of retary of Defense shall submit to Congress ‘‘(B) The Secretary of Defense shall pre- title 10, United States Code (article 2 of the each year, at or about the time that the scribe regulations specifying the conditions Uniform Code of Military Justice); and budget of the President is submitted to Con- that may be attached to a gift, devise, or be- (B) if necessary, submit to Congress a progress that year under section 1105(a) of title quest accepted under this paragraph. posal for legislative action to ensure the ap- 31, a report on the budgeting of the Depart- ‘‘(C) The authority to accept gifts, devises, plicability of the Uniform Code of Military ment of Defense for key military equipment. or bequests under this paragraph shall expire Justice to members of the reserve compo- ‘‘(b) REPORT ELEMENTS.—The report re- on December 31, 2007. nents of the Armed Forces while serving quired by subsection (a) for a year shall set ‘‘(3) The Secretary concerned may pay all overseas under inactive-duty training orders. forth the following: necessary expenses in connection with the AMENDMENT NO. 2566 ‘‘(1) A description of the current strategies conveyance or transfer of a gift, devise, or (Purpose: To facilitate the commemoration of the Department of Defense for sustaining bequest made under this subsection.’’. of the success of the United States Armed key military equipment, and for any mod- (b) SCOPE OF AUTHORITY TO USE ACCEPTED Forces in Operation Enduring Freedom and ernization that will be required of such PROPERTY.—Such section is further amend- Operation Iraqi Freedom) equipment. ed— At the end of subtitle C of title III, add the ‘‘(2) A description of the amounts required (1) by redesignating subsections (b), (c) and following: for the Department for the fiscal year begin- (d) as subsections (c), (d), and (e), respec- SEC. ll. COMMEMORATION OF SUCCESS OF THE ning in such year in order to fully fund the tively; and ARMED FORCES IN OPERATION EN- strategies described in paragraph (1). (2) by inserting after subsection (a) the fol- DURING FREEDOM AND OPERATION ‘‘(3) A description of the amounts re- lowing new subsection (b): IRAQI FREEDOM. quested for the Department for such fiscal ‘‘(b)(1) Except as provided in paragraph (2), (a) FINDING.—Congress finds that it is both year in order to fully fund such strategies. property accepted under subsection (a) may right and appropriate that, upon their return ‘‘(4) A description of the risks, if any, of be used by the Secretary concerned without from Operation Enduring Freedom in Af- failing to fund such strategies in the further specific authorization in law. ghanistan and Operation Iraqi Freedom in amounts required to fully fund such strate- ‘‘(2) Property accepted under subsection (a) Iraq, all soldiers, sailors, marines, and air- gies (as specified in paragraph (2)). may not be used— men in the Armed Forces who served in ‘‘(5) A description of the actions being ‘‘(A) if the use of such property in connec- those operations be honored and recognized taken by the Department of Defense to miti- tion with any program, project, or activity for their achievements, with appropriate gate the risks described in paragraph (4). would result in the violation of any prohibi- ceremonies, activities, and awards com- ‘‘(c) KEY MILITARY EQUIPMENT DEFINED.— tion or limitation otherwise applicable to memorating their sacrifice and service to In this section, the term ‘key military equip- such program, project, or activity; the United States and the cause of freedom ment’— ‘‘(B) if the conditions attached to such in the Global War on Terrorism. ‘‘(1) means— property are inconsistent with applicable (b) CELEBRATION HONORING MILITARY EF- ‘‘(A) major weapons systems that are es- law or regulations; FORTS IN OPERATION ENDURING FREEDOM AND sential to accomplishing the national de- ‘‘(C) if the use of such property would re- OPERATION IRAQI FREEDOM.—The President fense strategy; and flect unfavorably on ability of the Depart- may, at the sole discretion of the President— ‘‘(B) other military equipment, such as ment of Defense, any employee of the De- (1) designate a day of celebration to honor major command, communications, computer partment, or any member of the armed the soldiers, sailors, marines, and airmen of intelligence, surveillance, and reconnais- forces to carry out any responsibility or the Armed Forces who have served in Oper- sance (C4ISR) equipment and systems de- duty of the Department in a fair and objec- ation Enduring Freedom or Operation Iraqi signed to prevent fratricide, that is critical tive manner; or Freedom and have returned to the United to the readiness of military units; and ‘‘(D) if the use of such property would com- States; and ‘‘(2) includes equipment reviewed in the re- promise the integrity or appearance of integ- (2) issue a proclamation calling on the peo- port of the Comptroller General of the rity of any program of the Department of ple of the United States to observe that day United States numbered GAO–06–141.’’. Defense, or any individual involved in such a with appropriate ceremonies and activities. (c) PARTICIPATION OF ARMED FORCES IN (b) CLERICAL AMENDMENT.—The table of program.’’. CELEBRATION.— sections at the beginning of such chapter is (c) CONFORMING AMENDMENT.—Subsection ARTICIPATION AUTHORIZED.—Members amended by adding at the end the following (c) of such section, as redesignated by sub- (1) P and units of the Armed Forces may partici- new item: section (b)(1) of this section, is further pate in activities associated with the day of ‘‘234. Budgeting for key military equipment: amended in the flush matter following para- celebration designated under subsection (b) annual reports.’’. graph (4) by striking ‘‘benefit or use of the that are held in Washington, District of Co- designated institution or organization’’ and AMENDMENT NO. 2564 lumbia. inserting ‘‘purposes specified in subsection (Purpose: To improve the general authority (2) AVAILABILITY OF FUNDS.—Subject to (a)’’. of the Department of Defense to accept and paragraph (4), amounts authorized to be ap- (d) GAO AUDITS.—Such section is further administer gifts) amended by adding at the end the following propriated for the Department of Defense At the end of subtitle C of title III, add the new subsection: may be used to cover costs associated with following: ‘‘(f) The Comptroller General of the United the participation of members and units of SEC. ll. IMPROVEMENT OF AUTHORITIES ON States shall make periodic audits of real or the Armed Forces in the activities described GENERAL GIFT FUNDS OF THE DE- personal property accepted under subsection in paragraph (1). PARTMENT OF DEFENSE. (a) at such intervals as the Comptroller Gen- (3) ACCEPTANCE OF PRIVATE CONTRIBU- (a) RESTATEMENT AND EXPANSION OF CUR- eral determines to be warranted. The Comp- TIONS.—(A) Notwithstanding any other provi- RENT AUTHORITY.—Subsection (a) of section troller General shall submit to Congress a sion of law, the Secretary of Defense may ac- 2601 of title 10, United States Code, is amend- report on the results of each such audit.’’. cept cash contributions from private individ- ed to read as follows: uals and entities for the purposes of covering ‘‘(a)(1) Subject to subsection (b), the Sec- AMENDMENT NO. 2565 the costs of the participation of members retary concerned may accept, hold, admin- (Purpose: To express the sense of the Senate and units of the Armed Forces in the activi- ister, and spend any gift, devise, or bequest on the applicability of the Uniform Code of ties described in paragraph (1). Amounts so of real or personal property made on the con- Military Justice to members of the reserve accepted shall be deposited in an account es- dition that it be used for the benefit, or in components of the Armed Forces on inac- tablished for purposes of this paragraph. connection with, the establishment, oper- tive-duty training overseas) (B) Amounts accepted under subparagraph ation, or maintenance of a school, hospital, At the end of subtitle D of title V, add the (A) may be used for the purposes described in library, museum, cemetery, or other institu- following: that subparagraph until expended.

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(4) LIMITATION.—The total amount of funds inserting ‘‘the Homeland Security Council,’’ AMENDMENT NO. 2570 described in paragraph (2) that are available after ‘‘the National Security Council,’’ both (Purpose: To include packet based telephony for the purpose set forth in that paragraph places it appears. service in the Department of Defense tele- may not exceed the amount equal to— (3) ADVICE AND OPINIONS OF MEMBERS OTHER communications benefit) (A) $20,000,000, minus THAN CHAIRMAN.—Subsection (d) of such sec- At the end of subtitle C of title III, add the (B) the amount of any cash contributions tion is amended— following: accepted by the Secretary under paragraph (A) in paragraph (1), by inserting ‘‘the (3). Homeland Security Council,’’ after ‘‘the Na- SEC. . INCLUSION OF PACKET BASED TELEPH- (d) AWARD OF RECOGNITION ITEMS.— tional Security Council,’’ both places it ap- ONY IN DEPARTMENT OF DEFENSE TELECOMMUNICATIONS BENEFIT. (1) AUTHORITY TO AWARD.—Under regula- pears; and tions prescribed by the Secretary of Defense, (B) in paragraph (2), by inserting ‘‘the (a) INCLUSION IN BENEFIT.—Subsection (a) appropriate recognition items may be award- Homeland Security Council,’’ after ‘‘the Na- of section 344 of the National Defense Au- ed to any individual who served honorably as tional Security Council,’’. thorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1448) is amended by in- a member of the Armed Forces in Operation (4) ADVICE ON REQUEST.—Subsection (e) of Enduring Freedom or Operation Iraqi Free- such section is amended by inserting ‘‘the serting ‘‘packet based telephony service,’’ dom during the Global War on Terrorism. Homeland Security Council,’’ after ‘‘the Na- after ‘‘prepaid phone cards,’’. The purpose of the award of such items is to tional Security Council,’’ both places it ap- (b) INCLUSION OF INTERNET TELEPHONY IN recognize the contribution of such individ- pears. DEPLOYMENT OF ADDITIONAL TELEPHONE uals to the success of the United States in EQUIPMENT.—Subsection (e) of such section (b) ATTENDANCE AT MEETING OF HOMELAND those operations. is amended— SECURITY COUNCIL.—Section 903 of the Home- (2) RECOGNITION ITEMS DEFINED.—In this (1) by inserting ‘‘or Internet service’’ after land Security Act of 2002 (6 U.S.C. 493) is subsection, the term ‘‘recognition items’’ ‘‘additional telephones’’; amended— means recognition items authorized for pres- (2) by inserting ‘‘or packet based teleph- (1) by inserting ‘‘(a) MEMBERS.—’’ before entation under section 2261 of title 10, United ony’’ after ‘‘to facilitate telephone’’; and ‘‘The members’’; and States Code (as amended by section 593(a) of (3) by inserting ‘‘or Internet access’’ after (2) by adding at the end the following new this Act). ‘‘installation of telephones’’. subsection: (c) CONFORMING AMENDMENTS.—Such sec- AMENDMENT NO. 2567 ‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT tion is further amended— (Purpose: To authorize the construction of (1) in the subsection caption of subsection battalion dining facilities at Fort Knox, CHIEFS OF STAFF AT MEETINGS.—The Chair- (a), by striking ‘‘PREPAID PHONE CARDS’’ and Kentucky) man of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman inserting ‘‘BENEFIT’’; and On page 310, in the table following line 16, of the Joint Chiefs of Staff) may, in the role (2) in the subsection caption of subsection insert after the item relating to Fort Camp- of the Chairman of the Joint Chiefs of Staff (e), by inserting ‘‘OR INTERNET ACCESS’’ after bell, Kentucky, the following: as principal military adviser to the Home- ‘‘TELEPHONE EQUIPMENT’’. land Security Council and subject to the di- AMENDMENT NO. 2571 rection of the President, attend and partici- (Purpose: To express the sense of the Senate Fort Knox ...... $4,600,000 pate in meetings of the Homeland Security to emphasize that financial assistance may Council.’’ be provided for the performance of activi- On page 311, in the table preceding line 1, ties by the Army National Guard without AMENDMENT NO. 2569 strike the amount identified as the total in use of competitive procedures under stand- the amount column and insert (Purpose: To express the sense of the Senate ard exceptions to the use of such proce- ‘‘$1,199,722,000’’. on the lives saved by the Common Re- dures) On page 317, between lines 3 and 4, insert motely Operated Weapons Station At the end of subtitle A of title VIII, add the following: (CROWS) platform) the following: SEC. 2105. CONSTRUCTION OF BATTALION DIN- SEC. . SENSE OF SENATE ON APPLICABILITY OF ING FACILITIES, FORT KNOX, KEN- On page 286, between lines 7 and 8, insert COMPETITION EXCEPTIONS TO ELI- TUCKY. the following: GIBILITY OF NATIONAL GUARD FOR (a) AUTHORIZATION OF APPROPRIATIONS.— FINANCIAL ASSISTANCE FOR PER- The amount authorized to be appropriated SEC. 1073. SENSE OF SENATE ON COMMON RE- MOTELY OPERATED WEAPONS STA- FORMANCE OF ADDITIONAL DUTIES. by section 2104(a) for military construction, TION (CROWS) PLATFORM. It is the sense of the Senate that the land acquisition, and military family hous- amendment made by section 806 of the Ron- (a) FINDINGS.—The Senate makes the fol- ing functions of the Department of the Army ald W. Reagan National Defense Authoriza- lowing findings: and the amount of such funds authorized by tion Act for Fiscal Year 2005 (Public Law (1) With only a few systems deployed, the paragraph (1) of such subsection for military 108–375; 118 Stat. 2010) permits the Secretary Common Remotely Operated Weapons Sta- construction projects inside the United of Defense to provide financial assistance to tion (CROWS) platform is already saving the States are each hereby decreased by the Army National Guard for the perform- lives of soldiers today in Iraq by moving sol- $3,600,000. ance of additional duties specified in section diers out of the exposed gunner’s seat and (b) USE OF FUNDS.—Of the amount author- 113(a) of title 32, United States Code, without into the protective shell of an up-armored ized to be appropriated by section 2104(a)(1) the use of competitive procedures under the Humvee. for the Department of the Army and avail- standard exceptions to the use of such proce- (2) The Common Remotely Operated Weap- able for military construction at Fort Knox, dures in accordance with section 2304(c) of ons Station platform dramatically improves Kentucky, $4,600,000 is available for the con- title 10, United States Code. struction of battalion dining facilities at battlefield awareness by providing a laser Fort Knox. rangefinder, night vision, telescopic vision, a AMENDMENT NO. 2572 AMENDMENT NO. 2568 fire control computer that allows on-the- (Purpose: To clarify that military reservists, move target acquisition, and one-shot one- who are released from active duty and who (Purpose: To provide for a responsibility of kill accuracy at the maximum range of a are otherwise qualified, are eligible for vet- the Joint Chiefs of Staff as military advi- weapon. erans preference in Federal hiring) sors to the Homeland Security Council) (3) As they become available, new tech- At the end of subtitle A of title IX, add the At the appropriate place, insert the fol- nologies can be incorporated into the Com- lowing: following: mon Remotely Operated Weapons Station SEC. . RESPONSIBILITY OF THE JOINT CHIEFS SECTION . VETERANS PREFERENCE ELIGI- platform, thus making the platform scalable. BILITY FOR MILITARY RESERVISTS. OF STAFF AS MILITARY ADVISERS (4) The Army has indicated that an addi- (a) SHORT TITLE.—This section may be TO THE HOMELAND SECURITY tional $206,000,000 will be required in fiscal COUNCIL. cited as the ‘‘Reservist Access to Veterans year 2006 to procure 750 Common Remotely (a) RESPONSIBILITY AS MILITARY ADVIS- Preference Act’’. Operated Weapons Station units for the ERS.— (b) VETERANS PREFERENCE ELIGIBILITY.— Armed Forces, and to prepare for future pro- (1) IN GENERAL.—Subsection (b) of section Section 2108(1) of title 5, United States Code, duction of such weapons stations. 151 of title 10, United States Code, is amend- is amended by striking ‘‘separated from’’ and ed— (b) SENSE OF SENATE.—It is the sense of the inserting ‘‘discharged or released from active (A) in paragraph (1), by inserting ‘‘the Senate that the President should include in duty in’’. Homeland Security Council,’’ after ‘‘the Na- the next request submitted to Congress for (c) SAVINGS PROVISION.—Nothing in the tional Security Council,’’; and supplemental funding for military oper- amendment made by subsection (b) may be (B) in paragraph (2), by inserting ‘‘the ations in Iraq and Afghanistan sufficient construed to affect a determination made be- Homeland Security Council,’’ after ‘‘the Na- funds for the production in fiscal year 2006 of fore the date of enactment of this Act that tional Security Council,’’. a number of Common Remotely Operated an individual is preference eligible (as de- (2) CONSULTATION BY CHAIRMAN.—Sub- Weapons Station units that is adequate to fined in section 2108(3) of title 5, United section (c)(2) of such section is amended by meet the requirements of the Armed Forces. States Code).

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AMENDMENT NO. 2573 AMENDMENT NO. 2576 SEC. ll. REPORT ON ADVANCED TECH- NOLOGIES FOR NUCLEAR POWER (Purpose: To require the Secretary of De- (Purpose: To authorize $4,500,000 for the REACTORS IN THE UNITED STATES. fense to conduct a study and submit a re- Army National Guard for the construction (a) REPORT REQUIRED.—Not later than six port on the feasibility of conducting a of a readiness center at Camp Dawson, months after the date of the enactment of military and civilian partnership health West Virginia, to authorize $2,000,000 for this Act, the Secretary of Energy shall sub- care project) the Air National Guard for C–5 aircraft mit to Congress a report on advanced tech- shop upgrades at Eastern West Virginia nologies for nuclear power reactors in the At the end of subtitle B of title VII, add Regional Airport, Shepherd Field, Martins- United States. the following: burg, West Virginia, and to provide an off- (b) REPORT ELEMENTS.—The report re- SEC. 718. STUDY AND REPORT ON CIVILIAN AND set) quired by subsection (a) shall include the fol- MILITARY PARTNERSHIP PROJECT. On page 337, between lines 4 and 5, insert lowing: (1) A description and assessment of tech- (a) STUDY.—The Secretary of Defense shall the following: nologies under development for advanced nu- conduct a study on the feasibility of con- SEC. 2602. NATIONAL GUARD CONSTRUCTION clear power reactors that offer the potential ducting a military and civilian partnership PROJECTS. for further enhancements of the safety per- project to permit employees of the Depart- (a) ARMY NATIONAL GUARD AT CAMP DAW- formance of nuclear power reactors. ment of Defense and of a non-profit health SON, WEST VIRGINIA.— (2) A description and assessment of tech- care entity to jointly staff and provide (1) AUTHORIZATION OF APPROPRIATIONS.— nologies under development for advanced nu- health care services to military personnel The amount authorized to be appropriated clear power reactors that offer the potential and civilians at a Department of Defense by section 2601(1)(A) for the Department of for further enhancements of proliferation-re- military treatment facility. the Army for the Army National Guard of sistant nuclear power reactors. (b) REPORT.—Not later than December 31, the United States is hereby increased by (c) FORM OF REPORT.—The information in 2006, the Secretary of Defense shall submit $4,500,000. the report required by subsection (a) shall be to the Committee on Armed Services of the (2) USE OF FUNDS.—Of the amount au- presented in manner and format that facili- Senate and the Committee on Armed Serv- thorized to be appropriated by section tates the dissemination of such information ices of the House of Representatives a report 2601(1)(A) for the Department of the Army to, and the understanding of such informa- on the study required by subsection (a). for the Army National Guard of the United tion by, the general public. States, as increased by paragraph (1), AMENDMENT NO. 2579 AMENDMENT NO. 2574 $4,500,000 is available for the construction of a readiness center at Camp Dawson, West (Purpose: To require quarterly reports on the At the appropriate place in title VIII, in- Virginia. war strategy in Iraq) sert: (3) OFFSET.—The amount authorized to At the end of subtitle D of title X, add SEC. ll. CONTRACTING INCENTIVE FOR SMALL be appropriated by section 2601(3)(A) for the the following: POWER PLANTS ON FORMER MILI- Department of the Air Force for the Air Na- SEC. ll. QUARTERLY REPORTS ON WAR STRAT- TARY BASES. tional Guard of the United States, and avail- EGY IN IRAQ. (a) AUTHORIZATION.—Notwithstanding the able for the construction of a bridge/gate (a) QUARTERLY REPORTS.—At the same limitation in Section 501(b)(1)(B) of title 40, house/force protection entry project at Camp time the Secretary of Defense submits to United States Code, the Administrator of the Yeager, West Virginia, is hereby decreased Congress each report on stability and secu- General Services Administration is author- by $4,500,000. rity in Iraq that is submitted to Congress ized to contract for public utility services for (b) AIR NATIONAL GUARD AT EASTERN after the date of the enactment of this Act a period of not more than 20 years, provided WEST VIRGINIA REGIONAL AIRPORT.—Of the under the Joint Explanatory Statement of that such services are electricity services amount authorized to be appropriated by the Committee on Conference to accompany procured from a small power plant located section 2603(3)(A) for the Department of the the conference report on the bill H.R. 1268 of on a qualified HUBZone base closure area. Air Force for the Air National Guard of the the 109th Congress, the Secretary of Defense United States, and otherwise available for and appropriate personnel of the Central In- (b) DEFINITION OF SMALL POWER PLANT.—In the construction of a bridge/gate house/force telligence Agency shall provide the appro- this section, the term small power plant in- priate committees of Congress a briefing on cludes any power facility or project with protection entry project at Camp Yeager Air National Guard Base, West Virginia, the strategy for the war in Iraq, including electrical output of not more than 60 the measures of evaluation utilized in deter- Megawatts. $2,000,000 shall be available instead for C-5 aircraft shop upgrades at Eastern West Vir- mining the progress made in the execution of (c) DEFINITION OF PUBLIC UTILITY ELECTRIC ginia Regional Airport, Shepherd Field, Mar- that strategy. SERVICES.—In this section, the term ‘‘public tinsburg, West Virginia. (b) APPROPRIATE COMMITTEES OF CON- utility services’’, with respect to electricity GRESS DEFINED.—In this section, the term services, includes electricity supplies and AMENDMENT NO. 2577 ‘‘appropriate committees of Congress’’ services, including transmission, generation, (Purpose: To require a report on the effects means— distribution, and other services directly used of windmill farms on military readiness) (1) the Committees on Armed Services and Appropriations of the Senate; and in providing electricity. At the end of subtitle C of title III, add (2) the Committees on Armed Services (d) DEFINITION OF HUBZONE BASE CLOSURE the following: and Appropriations of the House of Rep- AREA.—In this section, the term ‘‘HUBZone SEC. ll. REPORT ON EFFECTS OF WINDMILL resentatives. base closure area’’ has the same meaning as FARMS ON MILITARY READINESS. such term is defined in Section 3(p)(4)(D) of Mr. BINGAMAN. Mr. President, I rise (a) FINDING.—Congress finds that the the Small Business Act, 15 U.S.C. Ministry of Defence of the United Kingdom today in support of an amendment to 632(p)(4)(D). has determined, as a result of a recently con- the Defense Authorization Act of 2006, (e) APPLICABILITY OF OTHER PROVISIONS OF ducted study of the effect of windmill farms introduced by Senator WARNER along LAW.—Contracting pursuant to this section on military readiness, not to permit con- with Senator LEVIN and myself, which shall be subject to all other laws and regula- struction of windmill farms within 30 kilo- would authorize emergency supple- tions applicable to contracting for public meters of military radar installations. mental appropriations for the Depart- utility services. (b) REPORT REQUIRED.—Not later than 180 ment of Defense for domestic hurricane AMENDMENT NO. 2575 days after the date of the enactment of this relief and avian flu preparedness. At Act, the Secretary of Defense shall submit to my request, this amendment also in- (Purpose: To extend through 2010 the re- the Committees on Armed Services of the cludes $40 million in relief assistance quirement for an annual report on the ma- Senate and the House of Representatives a turity of technology at the initiation of report on the effects of windmill farms on for the people affected by the dev- major defense acquisition programs) military readiness, including an assessment astating earthquake that struck north- of the effects on the operations of military ern Pakistan, India, and Afghanistan At the end of subtitle E of title VIII, add radar installations of the proximity of wind- on October 8, 2005. It would also require the following: mill farms to such installations and of tech- the Secretary to submit a report to SEC. ll. EXTENSION OF ANNUAL REPORTS ON nologies that could mitigate any adverse ef- Congress describing the Department of MATURITY OF TECHNOLOGY AT INI- fects on military operations identified. Defense’s humanitarian efforts in the TIATION OF MAJOR DEFENSE ACQUI- SITION PROGRAMS. AMENDMENT NO. 2578 region and assessing the need for further reconstruction and relief assist- Section 804(a) of the National Defense (Purpose: To require a report on advanced Authorization Act for Fiscal Year 2002 (Pub- technologies for nuclear power reactors in ance. Although I fully support the $40 lic Law 107–107; 115 Stat. 1180) is amended by the United States) million authorized in this amendment, striking ‘‘through 2006’’ and inserting At the end of subtitle B of title XXXI, I believe the DOD assessment will re- ‘‘through 2010’’. add the following: veal the need for a substantial increase

VerDate Aug 31 2005 04:16 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.012 S15NOPT1 S12792 CONGRESSIONAL RECORD — SENATE November 15, 2005 in assistance for the approximately 3 ever, I believe it is critical that we do have on the military’s ability to do its million people left homeless by this all we can before the Thanksgiving re- job. earthquake. cess to help these people as they strug- Whether it is a wind farm in the mid- Initial reports of this disaster de- gle through the winter months. It is dle of the Arizona desert, several miles scribed the situation as critical, with also important that if we are truly off the Alaska Coast, or set along the over 30,000 people estimated dead and 1 committed to changing how the United shore of South Africa, this Nation’s million people in desperate need of as- States is perceived in a region which is military simply must be able to ade- sistance. It is my understanding that, predominantly rural, poor, and Mus- quately deal with the potential effects. based on these initial estimates, lim, we must be willing to demonstrate I thank the Senate for agreeing to in- USAID has spent approximately $50 America’s compassion and generosity clude this study in the Defense Author- million of the $156 million that the in this time of urgent need. To this ization bill and look forward to its United States pledged in humanitarian end, I urge my colleagues to support findings. assistance to South Asia. In addition, this amendment. AMENDMENT NO. 1345 the U.S. military has been allocated $56 AMENDMENT NO. 2577 Ms. COLLINS. Mr. President, com- million of this pledge to support Mr. WARNER. Mr. President, for the petitive sourcing is the process by logistical and other military relief ef- past several years the Senate has been which the Federal Government con- forts, and $50 million of this has al- very engaged in producing a com- ducts a competition to compare the ready been spent. As of November 9, prehensive energy policy. This summer cost of obtaining a needed commercial the Department of Defense had more we took a positive step forward passing service from a private sector con- than 900 personnel providing relief and the first Energy bill in more than 14 tractor rather than from Federal em- reconstruction support. DOD has flown years. ployees. Properly conducted, competi- more than 1,100 helicopter missions de- It is my hope that this Energy bill tive sourcing can be an effective tool livering 2,700 tons of relief supplies and will expand domestic supply, encourage to achieve cost savings. Poorly uti- evacuated over 8,200 casualties from alternative sources, and help reduce lized, however, it can increase costs the affected area. In addition, the 212th our overall demand for energy. Alter- and hurt the morale of the Federal Mobile Army Surgical Hospital has es- native energy sources will continually workforce. tablished a unit in Pakistan and has 36 play a larger role in the Nation’s fu- The current guidelines under which intensive care unit beds, 60 inter- ture and I believe wind power is a part agencies conduct these competitions mediate minimal care beds, and 2 oper- of that solution. are contained in the Office of Manage- ating rooms. This unit has performed The Energy bill shifted the inad- ment and Budget’s Circular A–76. To valiantly, having completed more than equate permitting process for alter- ensure that we maximize the benefit 100 surgeries and treated 1,200 nonsur- native energy production on outer con- and minimize the cost of competitive gical patients. tinental shelf lands from the Army sourcing, A–76 competitions must be While I fully support these efforts, it Corps of Engineers to the Department conducted in a carefully crafted man- has become clear that this disaster is of Interior’s Minerals Management ner. The rules under which they take much larger than what was first as- Service. Given the Minerals Manage- place must be fair, objective, trans- sumed. The United Nations is now re- ment Service’s experience with permit- parent, and efficient. In one particular porting that ‘‘the unfolding picture re- ting offshore oil and gas leases, the in- regard, I believe the current rules fail veals levels of human and economic clusion of alternative energy produc- to meet these criteria. devastation unprecedented in the his- tion such as windmills is a natural fit. Specifically, they do not allow Fed- tory of the subcontinent.’’ In Pakistan Now the permitting of wind farms, eral employees to protest the agency’s alone, approximately 80,000 people have whether on or off shore, follows a decisions in an A–76 competition be- died, half of whom were children. Near- strong permitting process with input yond the agency’s own internal review ly the same amount of people are in- from the local, State, and Federal Gov- processes to the General Account- jured, with both numbers expected to ernments. ability Office. Congress has vested in rise. This region is home to 5 million However, as windmills become a the GAO the jurisdiction to hear and people scattered across this moun- more prevalent part of the Nation’s en- render opinions in protests of agency tainous area, and with a harsh winter ergy landscape, we must be fully aware acquisition decisions generally. Pri- quickly approaching, the situation has of the effects these facilities may have vate sector contractors, in contrast to the potential to become much worse. on other aspects of the country’s well Federal employees, have standing to The earthquake destroyed most hos- being. protest agency procurement decisions, pitals, schools, and government build- I have been prompted to look into including those in A–76 competitions, ings, and hundreds of towns and vil- this based upon the experiences of the before GAO. lages in the region have been com- United Kingdom, which has studied in The current situation does not arise pletely wiped out. Most roads and detail the potential adverse effects of from any conscious policy decision of bridges have been completely de- wind turbines on their radar abilities. Congress, GAO, or OMB. Rather, it oc- stroyed, and the 900 aftershocks have The UK Ministry of Defence is now a curs because the Federal statute that blocked the remaining roads by land- part of the permitting process for po- confers protest jurisdiction upon GAO, slides. Tens of thousands of people are tential wind farms in that country and the Competition in Contracting Act of still completely cut off from any form some of these findings are currently 1984 or ‘‘CICA’’ was not drafted to ad- of assistance. According to the United being shared with our own Department dress the unique nature of A–76 com- Nations, over 2 million people require of Defense. However, we need more petitions, in particular, the role of Fed- life-saving assistance, including basic study. eral employees in the ‘‘Most Efficient necessities like food, water, and medi- Today I offer an amendment to pro- Organization’’ or ‘‘MEO,’’ which is the cine. In addition, approximately 3 mil- vide a study regarding the effects of in-house side of these competitions. lion people lack adequate shelter at a wind turbines on military readiness, This was not deliberate—this par- time when temperatures are consist- including an assessment of the effects ticular circumstance for protest was ently below freezing and growing cold- such farms may have on military simply not contemplated by Congress er. There is now growing concern that radar. My amendment also requires the when drafting CICA. the death toll could quickly double if report to include an assessment of Recent revisions to A–76 created the increased aid is not provided imme- technologies that could mitigate any potential for GAO to review past deci- diately. adverse effects wind projects could sions by Federal courts and revisit its The U.N. has increased its appeal for have on military operations. As the en- own opinions to see whether the revi- aid to $550 million for the next 6 tire world continues the development sions would merit a determination that months of operations, and it is esti- of alternative sources of energy, it is Federal employees had gained standing mated that disaster relief and recon- imperative that the Department of De- to protest adverse A–76 competition destruction may cost up to $6 billion over fense and the Congress understand the cisions. However, a GAO protest deci- the long term. In the near term how- effects that those energy sources may sion indicates that GAO has concluded

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.032 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12793 it lacks the authority under CICA to would help many understand the safety spectfully to vote against the amend- hear protests from Federal employees record of the industry and the poten- ment. The last paragraph in the Levin- in the MEO in these competitions. As a tial enhancement of that through new Reid amendment looks like a timetable result, corrective legislation became technology in the future. for withdrawal. It may not be the in- necessary in our view. I believe we must expand our nuclear tention, but I fear that is the message The Collins-Akaka amendment ad- power output as part of a comprehen- it will send. That is a message I fear dresses a very important inequity in sive energy policy and it is my hope will discourage our troops in the field, our current procurement system. The that this study helps the public better will encourage the terrorists, and will amendment would ensure that Federal understand the safe and reliable con- confuse the Iraqis. employees have standing to protest to tribution nuclear power can make. Senator WARNER has come along and GAO similar to what the private sector I thank the Senate for including this accepted most of the Levin amendment enjoys. The amendment would extend amendment. except primarily eliminated that last GAO protest rights on behalf of the Mr. WARNER. Returning to the de- paragraph. In doing so, these two lead- MEO in A–76 competitions to two indi- bate on the two amendments, I yield ers, Senator LEVIN and Senator WAR- viduals. The first is the Agency Tender from my time 3 minutes to the distin- NER, have created a context to break Official or ‘‘ATO.’’ The ATO is the guished Senator from Connecticut. through the partisanship that has agency official who is responsible for The ACTING PRESIDENT pro tem- begun to diminish American public developing and representing the Fed- pore. The Senator from Connecticut is support for the war, and that means eral employees’ MEO. The second is a recognized. making it more difficult for our troops representative chosen directly by the Mr. LIEBERMAN. Mr. President, I to successfully complete the mission. Federal employees in the MEO for the thank the Senator from Virginia. I rise We set up a dialog between the Con- purposes of filing a protest with GAO to support the Warner amendment and gress and the President, measuring where the ATO does not, in the view of to respectfully oppose the Levin points, and hopefully the administra- a majority of the MEO, fulfill his or amendment. tion will respond. This is a statement her duties in regards to a GAO protest. I believe something very important of trust between Senator WARNER and Our intent is to bolster the A–76 proc- has happened in the last 24 hours. In Senator LEVIN. I hope it will be re- ess by providing a mechanism for Fed- my opinion, the debate has grown in sponded to by the administration be- eral employees to seek redress from our country and in this city much too cause ultimately, only together, as GAO, an entity that is well known for partisan over what is happening in Vandenberg advised, will we achieve its fair, effective and expert handling Iraq. That partisanship has begun to success in Iraq. And success in Iraq of acquisition protests. get in the way of the potential for a means great stability in the Middle STUDY OF NUCLEAR POWER successful completion of our mission East, great freedom for the people of Mr. WARNER. Mr. President, as the there. Iraq, and a setback for the terrorists world economy continues to develop, I cite the great Senator Arthur Van- who attacked us on September 11 and populations and economies grow, and denberg of Michigan, who said: Politics are anxious to do so again. I thank my energy demand continues to rise, it is must end at the water’s edge. Why? So friends for working together to get us imperative that we diversify our supply that America speaks with maximum to this point. of energy. Nuclear power provides ap- authority against those who would di- Here is my hope. The vote on the proximately 20 percent of our Nation’s vide and conquer us in the free world. Levin amendment, I gather, will be electricity needs and it is a clean air That is from an earlier chapter in his- first. I will respectfully vote against it. alternative to fossil fuels. The safety tory, but his words cry out to us. If it does not pass, I hope there is over- record of our commercial nuclear in- Here is what the Washington Post whelming support for the Warner dustry is a positive story and one that said Saturday: amendment. I can even dream that 100 we need to share. In an era where re- President Bush and leading congressional Senators would vote for it. That would sources have become increasingly Democrats lobbed angry charges at each be the strongest statement of support scarce and expensive, it is unfortunate other Friday in an increasingly personal bat- to our troops and the strongest state- that nuclear power hasn’t seemed to be tle over the origins of the Iraq war. The sharp tenor Friday resembled an election ment of opposition to our enemy in a part of the readily accepted solution. Iraq. We have not been building nuclear year campaign more than a policy disagree- I yield the floor. power plants in the past 20 plus years ment. Mr. LEVIN. How much time remains? because of environmental and safety That is the danger that Vandenberg concerns and this is a trend that I feel warns of. And about what? About pre- The ACTING PRESIDENT pro tem- must be reversed. war intelligence, almost 3 years ago— pore. The Senator has 9 minutes 55 sec- I feel these concerns and that opposi- not irrelevant, not unimportant, but onds. tion to nuclear power are simply a re- not as relevant and important as how Mr. LEVIN. I yield 5 minutes to the sult of a lack of information. Today I we successfully complete our mission Senator from Delaware. offer an amendment that will provide in Iraq, how we protect the 150,000 men Mr. BIDEN. Mr. President, before my objective data for the public to see. and women fighting for us in uniform friend from Connecticut leaves, I point Specifically, my amendment calls on over there, how we do what the major- out it is not partisanship that has the Department of Energy to report to ity of Members of both parties have caused the American people to leave Congress on the technologies for ad- said is so important to us—successfully this war; it is the incredible gap be- vanced nuclear power reactors and the complete this mission. tween the rhetoric of the administra- potential for safety enhancements as a Senator WARNER and Senator LEVIN tion of the last 2 years and the reality result of those technologies. have done something unique. Senator on the ground. Before we ever got into This amendment will build on the nu- LEVIN worked very hard on our side to the open debate, the American people clear provisions in the recently passed try to put together a broad amendment in droves were leaving this not just be- Energy bill. Specifically, the extension that could involve as many members of cause Americans are dying, as tragic as of Price Anderson insurance, incentives the Democratic caucus as possible. He that is, but because they do not think for nuclear power production, and sup- did something that is important: ex- we have a plan. port for the construction of new nu- pressed support for the troops, for suc- What I think all Democrats and Re- clear reactors are positive policy devel- cessful completion of the mission, but publicans are deciding is, Tell us the opments. In addition, there are several quite correctly asked the administra- plan, Stan. Tell us, Mr. President, what security related provisions regarding tion and the Pentagon for a plan, for is the plan? It is the first time this has security exercises, worker screening, measurements, for the beginning of a happened. and minimum facility standards that more open and complete dialog with The purpose of the amendment is as will further enhance the safety and se- Congress. clear as it is critical: to require the curity of our nuclear facilities. How- He put something in there that I Bush administration to lay out what ever, I feel there is information that don’t agree with that will lead me re- we need to do to succeed in Iraq. For

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.062 S15NOPT1 S12794 CONGRESSIONAL RECORD — SENATE November 15, 2005 the first time, our Republican col- So we need to know what specific Well, this administration has failed leagues have joined Democrats in in- steps the administration is taking to to lead in Iraq in a way that is ensur- sisting on a clear Iraqi strategy from strengthen the capacity of Iraq’s gov- ing a way out of this with a successful this administration, a schedule to ernmental ministries. We all know mission. achieve it, and real accountability. none of them can function now—none. Finally, the Senate is finding its Let me be clear about what the Not a single Iraqi ministry is capable voice today in both of these proposals amendment does not do. It does require of functioning. The administration re- in front of us. I am proud to say the the administration to explain in detail, jected the British plan to adopt these Senate is standing up for a change in in public, its plan for success—it has ministries. So what is the plan? What policy. The status quo is not working. not been public, and that is why the are you going to do, Mr. President, to In California, we have lost about 24 American people have left this outfit— make them able to function? How percent of the dead. We are suffering. and do it with specific goals, a realistic many regular police do we have to Their families are suffering. Just to schedule for achieving those goals, and keep? What are the basic law-and-order say, ‘‘stay the course, stay the course, the relationship between achieving the requirements before we can draw down? no matter how badly it is going,’’ is goals and redeploying U.S. forces. It We need to stop this silliness about simply not going to help our troops in does not set a deadline for withdrawal. having trained 179,000 troops. Stop this the field. In providing the plan, both Demo- silliness. Tell us what the facts are and So, Mr. President, I view this day as crats and Republicans are saying: I tell us the relationship between the a very important breakthrough for the hope the administration will start by facts and our ability to draw down. American people. They are being heard. being realistic and state specifically What is the plan to ensure that these The Democrats are hearing them. The what the mission is. Is the mission to local ministries are able to move on Republicans took the very words of our protect every Iraqi, or is the mission their own and coordinate Iraqi security resolution, made a couple of changes, I different? As the military will tell, and forces? think important changes, which miti- no one knows better than my friends Our amendment lays this out. The gate in favor of ours, but I certainly on the Committee on Armed Services, fact that our Republican colleagues will be voting for both. the mission dictates the force struc- have signed on to a very similar Thank you very much. ture, and the more realistic mission amendment makes it clear that all of The ACTING PRESIDENT pro tem- calls for less force. We have to refocus us in this body are tired of not being pore. The Senator has used her 1 our mission on preserving America’s told the facts. minute. fundamental interests in Iraq. What So, Mr. President, the gap between Who yields time? are they? this administration’s rhetoric on Iraq Mr. LEVIN. Mr. President, how much First, we have to ensure that Iraq and the reality on the ground has cre- time is remaining on both sides? does not become what it was not before ated a huge credibility gap. And I The ACTING PRESIDENT pro tem- the war: a haven for jihadist terrorists. would have never thought this: Only pore. The Senator from Michigan has 3 Second, we have to do what we can to this President could unite the Senate. minutes 38 seconds. The Republican prevent a full-blown civil war that He has united the Senate on a single side has 4 minutes 18 seconds. turns into regional war. I predict if point: What is the plan? That is what Mr. LEVIN. Mr. President, I yield a there is a civil war, there will be a re- our amendment does. minute to the Senator from Rhode Is- gional war. The ACTING PRESIDENT pro tem- land. To leave Iraq a stable and a united pore. The Senator’s time has expired. The ACTING PRESIDENT pro tem- country with representative govern- Mr. BIDEN. I thank the Chair and I pore. The Senator from Rhode Island is ment, posing no threat to its neigh- thank my colleague. recognized for 1 minute. bors, we need to proceed on three The ACTING PRESIDENT pro tem- Mr. REED. Mr. President, after 21⁄2 tracks at the same time: a political pore. Who yields time? years of insurgency warfare in Iraq, it diplomatic track, an assistance track, Mr. BIDEN. Mr. President, I ask is a stunning indictment of the Bush and a security track. We cannot suc- unanimous consent, if it is possible, for administration that this Senate has to ceed in Iraq without all three of those 1 minute for my friend from California. ask for a plan. And we are asking on succeeding. The ACTING PRESIDENT pro tem- behalf of the American people because On the diplomatic track, nothing is pore. Is there objection? their disquiet with Iraq is not a func- The Senator from Michigan. more important than getting Iraq’s tion of political bickering, it is a func- Mr. LEVIN. Mr. President, is that an three main groups—Shiites, Sunnis, tion of not understanding what the additional minute above the time al- and Kurds—to agree to changes in a plan is because the President has not lotted to us? presented us with a viable, coherent constitution by next spring so that Mr. BIDEN. Yes. there is a consensus constitution. The ACTING PRESIDENT pro tem- plan. My friend, the chairman of the com- pore. Is there objection? I believe an important part of that mittee, says without a political solu- Mr. WARNER. Mr. President, I as- plan is the phased redeployment of tion, we cannot do this. He is right. We sume that a minute comes to this side American forces without a deadline. I need to know exactly what the admin- likewise. believe that is being embraced by peo- istration is doing to convince each Mr. BIDEN. Yes. ple around the world. Yesterday, Tony community to make the compromises The ACTING PRESIDENT pro tem- Blair spoke about the possibility of necessary for a broad and sustainable pore. Without objection, it is so or- withdrawing British troops in 2006. political settlement. dered. Talabani, the Iraqi leader, spoke about We also need to know that the ad- The Senator from California is recog- it. John Reid, the Defense Secretary of ministration plans to engage the world nized for 1 minute. Great Britain, talked about it. powers and regional powers in this ef- Mrs. BOXER. I thank the Chair and I think we have to have from the ad- fort, as we did in the Six Plus Two my friend from Delaware. ministration a notion of when our Plan in Afghanistan, as we did in Bos- Mr. President, remember when Sec- forces will come out of Iraq or rede- nia. Iraq’s neighbors have real influ- retary Rumsfeld said he doubted the ployed within Iraq. It is important not ence with these different communities, war would last 6 months, and when only for Iraq, it is important for our se- and we need them to use that influence White House Budget Director Daniels curity across the globe. How can we de- to arrive at a political settlement. said Iraq would be an affordable en- fend ourselves in the future if we do On the assistance track, the whole deavor, and Condoleezza Rice used the not know if our forces will be freed up house of cards will collapse if Iraqis imagery of a mushroom cloud to de- to respond to other crises? How can we have no capacity to govern themselves, scribe the threat of Iraq, and Vice pay for these troops if we don’t know and if the Iraqi people cannot turn on President CHENEY’s now famous assess- when they will be coming out of Iraq? the lights, drink the water, and walk ment of the insurgency: ‘‘They are in I think it is important to do this and out their front doors without wading their last throes, if you will’’? That is essential to any plan. I hope that is into sewage. a quote. something we can agree on today.

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.010 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12795 The ACTING PRESIDENT pro tem- This amendment, as drawn, is a very plan and strategy for Iraq and our pore. The Senator has used 1 minute. powerful, very powerful statement by troops and for the American people. Who yields time? the Congress—hopefully, if the House They both deserve this, the troops and Mr. LEVIN. Mr. President, I yield a adopts it, but certainly by the Senate— the American people. minute to the Senator from Illinois. of the need to tell the Iraqi people that For the last 3 years, Democrats have The ACTING PRESIDENT pro tem- we have done our share, we are not stood with our troops and have tried to pore. The Senator from Illinois is rec- going to leave them, but we expect make certain we did everything we ognized for 1 minute. from them equal, if not greater, sup- could to help them succeed. From the Mr. DURBIN. Mr. President, this de- port than they have given to this date. outset, we offered the administration bate today is going to be a significant I yield the floor. concrete proposals that would have debate because you are going to hear The ACTING PRESIDENT pro tem- greatly increased our prospects for suc- from both sides of the aisle that we are pore. The Senator from Michigan is cess. voting for change. We will reject the recognized. We called on the administration to status quo. We will reject the Presi- Mr. LEVIN. Mr. President, this put more troops on the ground, but the dent’s call for blind loyalty to his poli- amendment represents a significant administration rejected this call. We cies in Iraq because we cannot be blind change in the course that we are on fought to provide more body armor and to the fact that we have lost over 17,000 and so does the Republican amend- equipment for our troops, but the ad- American soldiers who have been killed ment. The title of both amendments is ministration rejected this call. We and wounded. We cannot be blind to ‘‘To clarify and recommend changes to urged the administration to increase the fact that there is no plan for suc- the policy of the United States on Iraq. international participation to secure cess in Iraq. We cannot be blind to the ...’’ That is the purpose of my amend- and rebuild Iraq, but the administra- fact that it does no favor to our troops ment. It is a purpose which is retained tion rejected this call. We stressed the and their families to ignore the obvi- in the Warner amendment. importance of putting together a plan ous. We lay out what those changes are. to win the peace, but the administra- We need new leadership and new di- We agree on almost all of the changes, rection. The vote today on the Warner tion rejected this call. that ‘‘2006 should be a period of signifi- Now, to remind my colleagues, it was amendment and the vote on the Levin cant transition,’’ that there should be not just the advice of Democrats that amendment are both votes for change. ‘‘phased redeployment of United States the administration chose to ignore. It They are not votes to cut and run. ignored the advice of our senior gen- Even though the Republicans have forces.’’ That is on page 2. That is not erals, our friends and allies around the done a cut-and-paste job on the Demo- paragraph 7. They accept the idea that world, teams of weapons inspectors, cratic amendment, both amendments we should create the conditions for and even senior officials in the pre- say to the administration: It is time to phased redeployment. They accept my vious Bush administration. change the course for success, to make idea and our idea that the United The President and his team also certain that 2006 is a significant year, States ‘‘should tell the leaders of all chose to disregard the Powell Doctrine, so that we move toward a success and groups and political parties in Iraq which holds that military actions victory for our troops and for our Na- that they need to make the com- should be used only as a last resort tion. promises necessary’’ for a broad-based The ACTING PRESIDENT pro tem- political settlement. where there is a clear risk to national pore. The Senator’s 1 minute has ex- We need that political settlement. security. According to this doctrine, if we do pired. Our military leaders tell us, if there is Who yields time? any chance of a military victory, you choose to fight, we should use over- The Senator from Virginia is recog- have to have a political settlement. So whelming force, we should ensure that nized. we endorse paragraph 7. Senator FEIN- the conflict is strongly supported by Mr. WARNER. Mr. President, I regret GOLD read it. I have read it. We totally the American people, and we should de- the term ‘‘cut and paste’’ was used. endorse it for what it says. It is not cut velop a clear exit strategy before we Senator LEVIN and I have worked to- and run. It is not a statement that we get into the conflict. That is the Pow- gether now for 27 years in the Armed are going to withdraw on a fixed date. ell Doctrine. Services Committee. I worked with The ACTING PRESIDENT pro tem- Before this administration took of- him and told him we decided not to pore. The Senator’s time has expired. fice, the Powell Doctrine was supported completely rewrite the amendment. Who yields time? by the previous two Presidents, our This in an effort, as the Senator from The minority leader is recognized. military leaders, and congressional Connecticut, Mr. LIEBERMAN, a member Mr. REID. Mr. President, I will use leaders from both sides of the aisle. of our committee, so eloquently stated, leader time. But this administration turned the to reach a sense of bipartisanship at The ACTING PRESIDENT pro tem- Powell Doctrine upside down. They de- this very critical time, on the eve of pore. The Senator may use his leader termined that military action should another and perhaps the most signifi- time. be a first resort, not a last. When the cant election in Iraq, to show strong Mr. REID. Mr. President, today, Sen- risk to our national security was not bipartisan support on those points on ate Democrats offer the most impor- clear, they manipulated and cherry- which we agree. And we agree almost tant amendment to this most impor- picked intelligence to hype the threat. on every point, with the exception of tant bill. Our amendment asks the Instead of using overwhelming force, the last paragraph. Bush administration to give our troops this administration rejected our senior I was interested in listening to each in Iraq a strategy that is worthy of military leaders’ advice and deployed a of the debates thus far, and I did not their sacrifices and heroic service. smaller force. And as we all know, hear anyone on that side specifically Three years ago, America invaded there was not, and is not, an exit strat- reinforce this last paragraph, which we Iraq with the finest Armed Forces in egy to win the peace and bring our cannot accept, nor should the country the world. Our military forces were un- troops home. have Congress send across the airwaves challenged and unmatched, and they While we are determined to under- of the world this message: remain so today. Unfortunately, the stand the mistakes this administration A campaign plan with estimated dates for President and this administration have made that brought us to this point, we the phased redeployment of the United not exercised the leadership our troops are just as committed to finding a way States Armed Forces from Iraq as each con- deserve. They place our troops in forward to succeed in Iraq. Every day dition is met, with the understanding that harm’s way without a plan for success that goes by, it becomes increasingly unexpected contingencies may arise. and have damaged our standing in the clear that the administration’s Iraq Therein is a short paragraph that world. policy is adrift and rudderless. All they could completely destabilize this forth- It is long past time for the President, are offering is a bumper-sticker slogan: coming election on December 15, send- the Vice President, and the rest of the ‘‘Stay the course.’’ ing the wrong message. It is not need- Bush White House to level with the ‘‘Staying the course’’ is not a win- ed. American people and present a winning ning strategy. More than 2,050 soldiers

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.012 S15NOPT1 S12796 CONGRESSIONAL RECORD — SENATE November 15, 2005 have died and about 16,000 have been cratic amendment and the Republican Chief Justice Roberts was on the panel wounded. Iraq now risks becoming amendment have the same purpose. It there. what it was not before the war: a haven is on both amendments. Purpose: To This is a sophisticated, blatant at- for international terrorists and, as we clarify and recommend changes to the tempt at court stripping. It ought to be saw in Jordan, a new launching pad for policy of the United States in Iraq and rejected, and we ought to have an op- terrorist attacks. to require reports of matters relating portunity to give it some thoughtful In addition, America’s taxpayers to Iraq. That is the purpose. analysis before these fundamental have already contributed more than Based on what I see here today, the changes are made. $250 billion and are spending an addi- Republicans have no plan and no end in I thank my colleague from Virginia. tional $2 billion every week this war sight. We want to change the course. AMENDMENTS NOS. 2518 AND 2519 continues. In short, our troops deserve We can’t stay the course. I appreciate, Mr. MCCAIN. Mr. President, the Iraq more than a slogan. They deserve a though, the Republicans following the amendment under consideration today real, clear strategy for completing Democrats as far as they have on this constitutes no run-of-the-mill resolu- their mission in faraway Iraq. amendment. It is a tremendous step tion and reporting requirement. It is Our amendment sets forth in the forward because we all agree—all 100 much more important than that, and clearest terms the Democrats’ view of Senators, obviously—to clarify and rec- likely to be watched closely in Iraq— what the President and the Iraqi people ommend changes in the policy of the more closely there, in fact, than in must accomplish to succeed in Iraq and United States on Iraq and to require America. In considering this amend- complete our mission. reports on matters relating to Iraq. ment, I urge my colleagues to think First, it is time to see a significant That is the purpose of both amend- hard about the message we send to the transition toward full Iraqi sovereignty ments. We stand united. The Demo- Iraqi people. I believe that, after con- with Iraqi forces helping to create the crats stand united. We appreciate the sidering how either version will be conditions that will eventually lead to support of the Republicans in this viewed in Iraq, we must reject both. the phased redeployment of U.S. Armed amendment process. Reading through each version, one Forces. Two thousand six should be a The PRESIDING OFFICER (Mr. gets the sense that the Senate’s fore- year we take the training wheels off COLEMAN). Who yields time? most objective is the drawdown of the Iraqi government and let the Iraqi Mr. WARNER. Mr. President, my un- American troops. But America’s first people run their own country. derstanding is that I have 2 minutes re- goal in Iraq is not to withdraw troops, Second, the administration must tell maining on the 15-minute allocation. it is to win the war. All other policy the Iraqi people, clearly and unambig- The PRESIDING OFFICER. The Sen- decisions we make should support, and uously, that U.S. military forces will ator is correct. be subordinate to, the successful com- not stay indefinitely and that Iraqis Mr. WARNER. Given that we have no pletion of our mission. If that means must achieve a broad-based and sus- time to speak of before the amendment we can draw down troop levels and win tainable political settlement that is es- of the Senator from South Carolina in Iraq in 2006, that is wonderful. But if sential for defeating the insurgency. and Senator LEVIN, I yield my 2 min- success requires an increase in Amer- Third, the President must submit to utes for a matter other than the Iraqi ican troop levels in 2006, then we the Congress and the American people debate, the habeas corpus issue, to the a plan for success in Iraq. The Amer- should increase our numbers there. Senator from Pennsylvania. But that is not what these amend- ican people deserve to know the condi- The PRESIDING OFFICER. The Sen- ments suggest. They signal that with- tions we seek to establish, the chal- ator from Pennsylvania. drawal, not victory, is foremost in lenges we face in achieving these con- AMENDMENT NO 2524 Congress’s mind, and suggest that we ditions, and the progress, if any, being . are more interested in exit than vic- made. As an example, the administra- Mr. SPECTER. I thank the Senator tory. A date is not an exit strategy. tion said repeatedly that our forces can from Virginia. This only encourages our enemies, by stand down as Iraqi forces stand up. I just want to alert my colleagues to The American people deserve to know the fact that the amended Graham indicating that the end to American what that means in real and clear amendment, which is the subject of intervention is near, and alienates our terms. How many capable Iraqi secu- newspaper comment but hasn’t been friends, who fear an insurgent victory. rity forces are needed so that we can the subject of any hearings, apparently Instead, both our friends and our en- begin phased redeployment of U.S. agreed to by Senator LEVIN, or at least emies need to hear one message: Amer- forces as our tasks are achieved? How with fewer objections, this amendment ica is committed to success in Iraq and long will it take? Is it no longer ac- in its present form is blatant court we will win this war. The Democratic version requires the ceptable that the President refuses? stripping in the most confusing way The answer is yes, it is no longer ac- possible. The language of the amended President to develop a withdrawal ceptable not to answer these and many Graham amendment says that there plan. Think about this for a moment. other basic questions about his policy will be exclusive jurisdiction in the Imagine Iraqis, working for the new in Iraq. It is not acceptable to this Court of Appeals for the District of Co- government, considering whether to Member of Congress, and it is certainly lumbia Circuit. join the police forces, or debating not acceptable to our troops. Many of If it means what it says, the Supreme whether or not to take up arms. What those troops are serving their third Court of the United States would not will they think when they learn that tour of duty with no apparent end in have jurisdiction. This language has the Democrats are calling for a with- sight. not been subjected to any analysis or drawal plan? The Republican alter- With this amendment, Democrats are hearing. An earlier part of the amend- native, while an improvement, indi- standing with our troops and the Amer- ment provides that no court, justice, or cates that events in 2006 should create ican people, insisting that the Presi- judge shall have jurisdiction to con- the conditions for a redeployment of dent and the Republican-controlled sider the application for writ of habeas U.S. forces. Are these the messages we Congress do their jobs. The President corpus. The Supreme Court of the wish to send? Do we wish to respond to must be held accountable and tell our United States, in three decisions hand- the millions who braved bombs and troops and the American people his ed down in June of last year, gave very threats to vote, who have put their plan for Iraq and what additional sac- substantial, articulated U.S. constitu- faith and trust in America and the rifices will be expected of our troops tional law as giving significant rights Iraqi Government, that our No. 1 pri- and the American people. We must to the detainees to have an adjudica- ority is now bringing our people home? honor our troops. We must preserve our tion as to their status. Do we want to tell insurgents that national security. We must protect the We have had many efforts at court their violence has successfully ground American people. That is the least we stripping. Under the language of exclu- us down, that their horrific acts will, should expect from our Commander in sive jurisdiction in the DC Circuit, the with enough time, be successful? No, Chief. U.S. Supreme Court would not have ju- we must not send these messages. Our I am going to vote for both amend- risdiction to hear the Hamdan case exit strategy in Iraq is not the with- ments. Understand that the Demo- which came into sharp focus because drawal of our troops, it is victory.

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.013 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12797 If we can reach victory in 2006, that There is a huge, important difference My colleague from Connecticut, Sen- would be wonderful. But should 2006 between the two amendments we will ator LIEBERMAN, made many of these not be the landmark year that these be voting on. That main difference be- points a few moments ago and again amendments anticipate, we will have tween these amendments is that the last night when he so eloquently an- once again unrealistically raised the Democrats’ amendment requires a nounced his strong support for the expectations of the American people. timeline, a plan for withdrawal of U.S. Warner amendment. Yes, 2006 will be a That can only cost domestic support forces from Iraq. Some have referred to transition year for Iraq. We can cele- for America’s role in this conflict, a this as the cut-and-run provision; that brate that. With elections in 6 weeks, war we must win. is, pick an arbitrary timeline and get 2006 will be the year a permanent I repeat that. This is a war we must out of Iraq regardless of what is hap- democratically elected government win. The benefits of success and the pening on the ground, regardless of the will finally take power, 31 months after consequences of failure are too pro- security situation, regardless of the po- the fall of Saddam Hussein. This gov- found for us to do otherwise. The road litical developments occurring in Iraq. ernment will be guided by its recently ahead is likely to be long and hard, but We believe that is dangerous. We be- approved constitution. On October 15, America must follow it through to suc- lieve that is irresponsible. It is irre- 10.5 million people came out to ratify cess. While the sponsors of each version sponsible to tell the terrorists, who we that constitution. The government will of this amendment might argue that know are waiting to take us out, what represent the views and the back- their exact language supports this that timeline is because the timeline, grounds and the beliefs and deeds of all view, perceptions here and in Iraq are once exposed, simply says: All we have peace-loving Iraqis. That is progress. critical. By suggesting that with- to do is wait and then we attack. Then With Iraqi security forces now num- drawal, rather than victory, is on the we swoop in to overwhelm Iraq’s fledg- bering 200,000, and their experience and minds of America’s legislators, we do ling democracy, once those troops de- leadership growing every day, I believe part, turning Iraq into a safe haven and this great cause a grave disservice. we can continue handing our security base of operations to export terrorism The PRESIDING OFFICER. The ma- responsibilities over to Iraqi forces. I abroad. jority leader is recognized. also believe that given the profes- Mr. FRIST. Mr. President, I wish to That is why cut-and-run is the wrong sionalism and courage of our Armed speak on leader time. policy. Such a scenario would play very Shortly, we will be voting on two nicely into the plans that we know al- Forces, the commitment of the Iraqi amendments, one offered by Senators Qaida has. The recently intercepted people, and the support of the Amer- ican people, we can achieve the vision. LEVIN and REID, and the other proposed letter between Zawahiri and Zarqawi The vision is crystal clear. It is a free, by Senator WARNER and myself. laid out what that terrorists’ strategy Our amendment, the Republican is, to force the United States out of democratic, and prosperous Iraq that is amendment, shows leadership, signals Iraq and use the media and public opin- governed by the rule of law, that pro- our commitment, and reflects an exit ion against us, to turn Iraq into a safe tects the rights of all Iraqis, that is not strategy we call victory. As Chairman haven, and from there launch their a threat to its neighbors, and is a re- WARNER just said a few moments ago, twisted vision of establishing a radical sponsible international citizen. there are many similarities between caliphate throughout the Middle East. Mr. President, the Republican the two amendments which reflect a They laid it out. A cut-and-run strat- amendment is not a change in policy. lot of broad agreement that we have on egy plays right into their hands. It is not a change in tone as has been the war, the progress to date, and the That is why telling the enemy our suggested on the floor. Our amendment way ahead. plans is irresponsible and dangerous. reflects where this body has always Notwithstanding the Democrats’ po- That is why the votes on these amend- been, supportive of the President and litical carping of the last several days, ments in a few moments are so impor- supportive of our troops overseas, for- and really the last several weeks, these tant. It is dangerous for our troops in ward-looking and optimistic, always two amendments that we will be voting the region, for our Nation, and for the conscious of the oversight responsibil- on are forward-looking. They don’t get American people. ities of this institution and our obliga- into the issues that were debated and Democrats want an exit strategy, tion as Senators to the American peo- decided a long time ago in the last thinking cut-and-run. What we are for ple. Indeed, I urge all of my colleagues election. They are forward-looking. is a victory strategy. The President of to oppose the Levin amendment and to They don’t try to rewrite history of the United States has laid that strat- support the Frist-Warner amendment. how Members voted, why they voted, egy out clearly in four steps: First, de- Mr. President, I ask for the yeas and or what they supposedly meant at the feat the insurgency using military nays. time they voted when they spoke in force while helping Iraq build its own Mr. REID. I yield my leader time to support of the war. security capability; second, help Iraq the Senator from Michigan. There is a lot being made in the rebuild its infrastructure and sup- The PRESIDING OFFICER. Is there a media about the requirement of a quar- porting economy to promote growth sufficient second? terly report, an update on the war’s and prosperity and hope; third, pro- There appears to be a sufficient sec- progress, allegations that this in some mote democracy in its institutions ond. way shows dissatisfaction with the ad- through a political process that cul- The yeas and nays were ordered. ministration. That is absurd. It is ri- minates in an elected government that The PRESIDING OFFICER. The diculous. The fact is that Congress, respects and represents the views of all Democratic leader. this body, is charged with oversight of Iraqis; and fourth, integrate that new Mr. REID. I yield time to the Senator the executive branch regardless of Iraq into the international community from Michigan. I think I have a minute which party is in power at the time. of civilized nations. Four steps, that is or 2. This amendment is a continuation of the victory strategy. The PRESIDING OFFICER. The Sen- that oversight. It is not a change in We have already seen great progress ator has a minute. policy. It is a continuation of that by the Iraqis on each of these issues. The Senator from Michigan. oversight that we have been con- As the President has said, U.S. forces Mr. LEVIN. Mr. President, the ma- ducting for years in the Senate. That will not stay one day longer than nec- jority leader has railed against lan- includes whether we are looking at pre- essary. Our troops will step aside as guage which does not exist in our war intelligence issues or investigating Iraqi forces stand up. Publishing a amendment. Repeating over and over the Abu Ghraib prison abuses or inquir- timeline for our retreat will encourage again a cut-and-run strategy is wrong, ing about the pace of reconstruction ef- the terrorists. It will confuse the Iraqi he tries to create the impression that forts in Iraq. people. It will play into the hands of that is what paragraph 7 proposes. It The Senate has been doing this for the Zawahiri and Zarqawi letter. It will does not by its own terms. By repeat- years. We are already getting much of discourage our troops, and it sends all ing cutting and running enough I guess the information from the administra- the wrong signals to friends and foes the hope is that people who don’t read tion, largely at the urging of the Re- alike in this country and, indeed, this language will believe that that is publican leadership. around the world. the language in paragraph 7. It is not.

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.038 S15NOPT1 S12798 CONGRESSIONAL RECORD — SENATE November 15, 2005 What we propose in paragraph 7 is The PRESIDING OFFICER. Is there a I support the Warner amendment as that there be estimated dates, esti- sufficient second? the second-best approach, but it con- mated dates if the conditions on the There appears to be a sufficient sec- tinues to keep the purpose, to clarify ground are met as the Republican and ond. and recommend changes to the policy Democratic amendment both propose Mr. WARNER. Mr. President, begin- of the United States on Iraq. Keeping occur. Then give us estimated dates for ning with this vote, all remaining that purpose is critical. a phased redeployment—estimated votes will be 10 minutes. The PRESIDING OFFICER. The Sen- dates—if those conditions are met and The PRESIDING OFFICER. Without ator’s time has expired. All time has with the understanding that unex- objection, it is so ordered. expired for debate. pected contingencies may arise. That Under the previous order, there is 2 The question is on agreeing to the cannot be fairly characterized the way minutes equally divided on the Warner amendment. the majority leader repeatedly charac- amendment on which the yeas and The yeas and nays have been ordered. terized it. nays have been ordered. The clerk will call the roll. The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I am The assistant legislative clerk called ator has used 1 minute. very grateful for the bipartisan support the roll. The question is on agreeing to the on this amendment. Our amendment is Mr. MCCONNELL. The following Sen- amendment. The yeas and nays have simply taking portions of the Levin ator was necessarily absent: the Sen- been ordered. amendment, putting them into an ator from Tennessee (Mr. ALEXANDER). The clerk will call the roll. amendment that we put together, rath- Further, if present and voting, the The legislative clerk called the roll. er than draw up a totally new amend- Senator from Tennessee (Mr. ALEX- Mr. MCCONNELL. The following Sen- ment, so we can have the maximum bi- ANDER) would have voted ‘‘yea.’’ ator was necessarily absent: the Sen- partisanship but carefully crafting the Mr. DURBIN. I announce that the ator from Tennessee (Mr. ALEXANDER). Senator from New Jersey (Mr. CORZINE) Further, if present and voting, the Warner amendment so that not any words can be construed to indicate is necessarily absent. Senator from Tennessee (Mr. ALEX- there is a timetable for the withdrawal The PRESIDING OFFICER (Mr. ANDER) would have voted ‘‘nay.’’ BURR). Are there any other Senators in Mr. DURBIN. I announce that the of coalition forces, most particularly U.S. forces. the Chamber desiring to vote? Senator from New Jersey (Mr. CORZINE) The result was announced—yeas 79, is necessarily absent. We are on the verge of an historic nays 19, as follows: The PRESIDING OFFICER (Mr. election in Iraq for a permanent gov- [Rollcall Vote No. 323 Leg.] SUNUNU). Are there any other Senators ernment in a matter of weeks, and in the Chamber desiring to vote? thereafter they have 60 days in which YEAS—79 The result was announced—yeas 40, to stand up that government. The next Akaka Dorgan Murray nays 58, as follows: 120 days are absolutely critical. The Allard Durbin Nelson (FL) Warner amendment is forward-looking. Allen Ensign Nelson (NE) [Rollcall Vote No. 322 Leg.] Baucus Enzi Obama YEAS—40 It clearly sends a message to the Iraqi Bayh Feingold Pryor Bennett Feinstein Akaka Durbin Lincoln people that we have stood with them; Reed Biden Frist Baucus Feingold Mikulski we have done our part. Now it is time Reid Bingaman Grassley Bayh Feinstein Roberts Murray for them to put their government to- Bond Gregg Biden Harkin Rockefeller Obama gether, stand strong so that eventually Boxer Hagel Bingaman Inouye Salazar Reed Brownback Hatch Boxer Jeffords they can exercise total sovereignty and Reid Burns Hutchison Santorum Byrd Johnson Rockefeller select their own form of democracy. We Cantwell Inouye Sarbanes Cantwell Kennedy Salazar cannot allow any verbiage to come out Carper Jeffords Schumer Carper Kerry Sarbanes Chafee Johnson Shelby Chafee Kohl of the Congress of the United States Schumer Clinton Kohl Smith Clinton Landrieu that can be construed as a timetable of Stabenow Cochran Landrieu Snowe Dayton Lautenberg withdrawal at this critical time. Coleman Lautenberg Specter Dodd Leahy Wyden The PRESIDING OFFICER. The Sen- Collins Levin Stabenow Dorgan Levin ator’s time has expired. Cornyn Lieberman Stevens NAYS—58 The Senator from Michigan. Craig Lincoln Sununu Crapo Lott Allard Domenici Nelson (FL) Talent Mr. LEVIN. Mr. President, I intend Dayton Lugar Allen Ensign Thomas Nelson (NE) to vote for the Warner amendment be- DeWine Martinez Bennett Enzi Voinovich Pryor Dodd McConnell Bond Frist cause it represents change, not as Warner Roberts Dole Mikulski Brownback Graham Wyden Santorum much change as we would have liked, Domenici Murkowski Bunning Grassley Sessions and we have debated that and argued Burns Gregg Shelby NAYS—19 Burr Hagel that. But there are significant changes Smith Bunning Graham Leahy Chambliss Hatch that are being proposed in this amend- Snowe Burr Harkin Coburn Hutchison McCain Specter ment which we have worked very hard Byrd Inhofe Cochran Inhofe Sessions Stevens to put in our amendment and we think Chambliss Isakson Coleman Isakson Thune Coburn Kennedy Collins Kyl Sununu would represent an improvement. We Vitter Conrad Kerry Conrad Lieberman Talent need to have 2006 be a year of transi- DeMint Kyl Cornyn Lott Thomas tion. We need to have the administra- Craig Lugar Thune NOT VOTING—2 Crapo Martinez Vitter tion lay out a strategy. We need to DeMint McCain Voinovich state what our military states, which Alexander Corzine DeWine McConnell Warner is that the Iraqis have to solve their The amendment (No. 2518) was agreed Dole Murkowski political problems and come together to. NOT VOTING—2 and unify if that insurgency is going to Mr. WARNER. Mr. President, I move Alexander Corzine be defeated. This amendment continues to reconsider the vote. The amendment (No. 2519) was re- to say to the administration they need Mr. REED. I move to lay that motion jected. to tell that to the Iraqis. on the table. Mr. WARNER. I move to reconsider This amendment also sets up a sched- The motion to lay on the table was the vote. ule for conditions that are goals we agreed to. Mr. LEVIN. I move to lay that mo- hope to be achieved on the ground. AMENDMENT NO. 2523 tion on the table. That ‘‘schedule,’’ which is the word Mr. WARNER. Mr. President, may we The motion to lay on the table was that remains in this amendment, is an have order? agreed to. important schedule that needs to be re- I ask the Presiding Officer to once AMENDMENT NO. 2518 tained, and it is retained. It needs to be again restate the sequence of votes Mr. WARNER. Mr. President, I ask met, and if it is not met, we need to be that are about to take place. for the yeas and nays on the Warner told what has changed so that it can be The PRESIDING OFFICER. The Sen- amendment. met. ate will come to order.

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.016 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12799 The upcoming amendment is the tainees is court-stripping and would set Court, of the right to hear any chal- Bingaman amendment to the Graham a very bad precedent, not only for this lenge to any practice at Guantanamo amendment. The previous order allows factual situation but in general. Bay, other than a one-time appeal to 2 minutes of debate. I thank my colleague from New Mex- the D.C. Circuit Court on the limited Mr. WARNER. I thank the Presiding ico. question of whether the Defense De- Officer and again remind the Senators Mr. KERRY. Mr. President, last week partment is complying with its own the votes are 10 minutes. I voted against an amendment intro- rules for classifying detainees. It ap- The PRESIDING OFFICER. The Sen- duced by Senator GRAHAM, No. 2515, plies retroactively, and therefore would ator from Virginia is correct. All votes which stripped the Federal courts of also likely prevent the Supreme Court from here on are 10 minutes. their historic jurisdiction to hear ap- from ruling on the merits of the Mr. WARNER. The time reserved to plications for writs of habeas corpus Hamdan case, a pending challenge to me under the Bingaman amendment I filed by or on behalf of detainees at the legality of the administration’s yield to the distinguished Senator from Guantanamo Bay. I did so because the military commissions. South Carolina. amendment would have eliminated vir- For these reasons, I am opposed to The PRESIDING OFFICER. The Sen- tually all judicial review of combatant Senator GRAHAM’s amendment. ator from South Carolina. detentions, including review of the de- I will support Senator BINGAMAN’s Mr. GRAHAM. Mr. President, last cisions of military tribunals. second degree amendment to the week we had a debate and vote on Today, I voted in favor of Senator Graham amendment. It would preserve whether an enemy combatant terrorist BINGAMAN’s amendment No. 2523, be- the positive elements of the Graham al-Qaida member should be able to cause it would have preserved judicial amendment and would strike sub- have access to our Federal courts review in the most important areas section (d) of the amendment. It would under habeas like an American citizen. while also preventing frivolous claims. replace subsection (d) with a stream- Senator BINGAMAN is trying to strip When the Bingaman amendment failed, lined judicial review system that would that part of the amendment. He is con- I voted for a second-degree amendment preserve habeas for Guantanamo de- solidating the habeas petitions into the No. 2524, which reflected the hard work tainees, consolidate habeas claims in DC Court of Appeals, but habeas still of Senator LEVIN to provide another the D.C. Circuit Court, allow claims lies with a standard you can drive a means to preserve some form of judi- challenging the legality of detention, truck through. The court would look at cial review of the proceedings at Guan- and prohibit claims based on ‘‘living the lawfulness of the detention which tanamo Bay. And, it is my under- conditions,’’ e.g. the type of food a per- would allow, in my opinion, the ability standing that, as Senator LEVIN stated son is provided. These restrictions of a terrorist to go into the DC Circuit on the floor of the Senate just yester- would not apply to people who have Court of Appeals and start asking for day, ‘‘this amendment will not strip been charged by military commissions Internet access under the right of courts of jurisdiction over [pending] or who have been determined not to be counsel. It is a never-ending process cases.’’ enemy combatants by a Combatant that should never have begun anyway. The war on terror presents us with Status Review Tribunal, CSRT. I urge a ‘‘no’’ vote to make sure the challenges unique in our Nation’s his- The Graham-Levin substitute amend- right of appeal is consistent with the tory, requiring solutions that are sus- ment would somewhat improve the underlying amendment by expanding the law of armed conflict and we do not tainable over the long-term. We have scope of review by the D.C. Circuit have unfettered right of court access little reason to trust the administra- Court to include whether the CSRT’s by enemy combatants to sue us over tion’s record on this score. But with procedures are legal, but not whether a everything to undermine the war ef- these provisions, the Senate declares it particular detainee’s detention is legal. fort. I ask a ‘‘no’’ vote consistent with is our priority to prosecute the war on It would also allow for post-conviction the last vote. terror with every tool at the country’s review of military commission convic- The PRESIDING OFFICER. The Sen- disposal including the rule of law. It re- tions. However, the amendment would ator’s time has expired. mains my priority, and I know the pri- still eliminate habeas review and over- The Senator from New Mexico. ority of my colleagues, to win this war, rule the Rasul case. As a result, I will Mr. LEAHY. Mr. President, the Sen- to hunt down and destroy terrorists oppose it. ate is not in order. The Senator should wherever they are, destroy their net- No one questions the fact that the be heard. works, and make our world safe. United States has the power to hold The PRESIDING OFFICER. The Sen- Mr. DURBIN. Mr. President, I sup- battlefield combatants for the duration ate will come to order. port the Bingaman second-degree of an armed conflict. That is a funda- The Senator from New Mexico. amendment to the Graham detainee mental premise of the law of war. Mr. BINGAMAN. Mr. President, last amendment. However, over the objections of then- year the Supreme Court said that Fed- The Senator from South Carolina has Secretary of State Colin Powell and eral courts have authority to consider been a leader on the issue of detention military lawyers, the Bush administra- petitions for a writ of habeas corpus. and interrogation policies. I share his tion has created a new detention policy This would apply to prisoners at Guan- goal of setting clear rules for the de- that goes far beyond the traditional tanamo. People should not be impris- tention of enemy combatants. law of war. oned without having the ability to This amendment would do some posi- The administration claims the right challenge the legality of that imprison- tive things that I support. It would re- to seize anyone, including an American ment. That is the history of our com- quire the Defense Department to report citizen, anywhere in the world, includ- mon law system and our Constitution to Congress on the procedures for de- ing in the United States, and to hold as well. termining the status of detainees held him until the end of the war on ter- I will yield the remainder of my time at Guantanamo Bay. It would prohibit rorism, whenever that may be. to the Senator from Pennsylvania. the Defense Department from deter- They claim that a person detained in Mr. SPECTER. Mr. President, I sup- mining the status of a detainee based the war on terrorism has no legal port the Bingaman amendment and op- on evidence obtained from torture. rights. That means no right to a law- pose the Graham amendment because However, I am concerned that one yer, no right to see the evidence the Graham amendment is sophisti- section of the Graham amendment against him, and no right to challenge cated court-stripping. On the face of would have very dramatic unintended his detention. In fact, the government the Graham amendment, it says the DC consequences. has argued in court that detainees Circuit has exclusive jurisdiction, and However, subsection (d) of the would have no right to challenge their on the face of it, that even takes away amendment would eliminate habeas detentions even if they claimed they jurisdiction from the Supreme Court of corpus for detainees at Guantanamo were being tortured or summarily exe- the United States. Bay. In so doing, it would overturn the cuted. To alter habeas corpus in the context Supreme Court’s landmark decision in U.S. military lawyers have called where the Supreme Court last June, Rasul v. Bush. It would strip federal this detention system ‘‘a legal black 2004, found substantial rights of the de- courts, including the U.S. Supreme hole.’’

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.018 S15NOPT1 S12800 CONGRESSIONAL RECORD — SENATE November 15, 2005 Under their new detention policy, Again, Senator GRAHAM’s argument The result was announced—yeas 44, people who never raised arms against is factually incorrect. U.S. service- nays 54, as follows: the United States have reportedly been members do have a right to challenge [Rollcall Vote No. 324 Leg.] taken prisoner far from the battlefield, court-martial proceedings through ha- YEAS—44 including in places like Bosnia and beas petitions, in addition to the direct Akaka Feinstein Nelson (FL) Thailand. appeal rights. Baucus Harkin Obama Defense Secretary Rumsfeld has de- Colonel Sullivan is not the only mili- Biden Inouye Pryor scribed the detainees as ‘‘the hardest of tary leader who has raised concerns Bingaman Jeffords Reed Boxer Johnson the hard core’’ and ‘‘among the most about the Graham amendment. Yester- Reid Byrd Kennedy Rockefeller dangerous, best trained, vicious killers day, every member of the Senate re- Cantwell Kerry Salazar on the face of the Earth.’’ However, the ceived a letter from nine retired mili- Carper Kohl Sarbanes Chafee Landrieu tary officers, including seven Generals Schumer administration now acknowledges that Clinton Lautenberg Smith innocent people are held at Guanta- and one Rear Admiral. Here is what Dayton Leahy Specter they said about the Graham amend- Dodd Levin namo Bay. In late 2003, the Pentagon Stabenow reportedly determined that 15 Chinese ment: Dorgan Lincoln Durbin Mikulski Sununu Muslims held at Guantanamo are not For generations, the United States has Feingold Murray Wyden enemy combatants and were mistak- stood firm for the rule of law. It is not the NAYS—54 enly detained. Almost 2 years later, rule of law if you only apply it when it is those individuals remain in Guanta- convenient and toss it over the side when it Allard DeMint Lugar is not. Allen DeWine Martinez namo Bay. The Great Writ of Habeas Corpus has been Bayh Dole McCain Last year, in the Rasul decision, the at the heart of U.S. law since the first drafts Bennett Domenici McConnell Supreme Court rejected the adminis- of the Constitution. Indeed, it has been part Bond Ensign Murkowski Brownback Enzi Nelson (NE) tration’s detention policy. The Court of Western culture for 1000 years, since the Bunning Frist Roberts held that detainees at Guantanamo Magna Carta . . . The restriction on habeas Burns Graham Santorum have the right to habeas corpus to contemplated by Amendment 2516 would be a Burr Grassley Sessions challenge their detentions in federal momentous change. It is certainly not a Chambliss Gregg Shelby Coburn Hagel Snowe court. The Court held that the detain- change in the landscape of U.S. jurispru- dence we should tack on to the Defense De- Cochran Hatch Stevens ees’ claims that they were detained for partment Authorization Bill at the last Coleman Hutchison Talent years without charge and without ac- Collins Inhofe Thomas minute. Conrad Isakson Thune cess to counsel ‘‘unquestionably de- The practical effects of Amendment 2516 Cornyn Kyl Vitter scribe custody in violation of the Con- would be sweeping and negative. America’s Craig Lieberman Voinovich stitution, or laws or treaties of the great strength isn’t our economy or natural Crapo Lott Warner resources or the essentially island nature of United States.’’ NOT VOTING—2 The Graham amendment would pro- our geography. It is our mission, and what we stand for. That’s why other nations look Alexander Corzine tect the Bush administration’s deten- to us for leadership and follow our lead. The amendment was rejected. tion system from legal challenge. It Every step we take that dims that bright, would effectively overturn the Su- Mr. GRAHAM. Mr. President, I move shining light diminishes our role as a world to reconsider the vote, and I move to preme Court’s decision. It would pre- leader. As we limit the rights of human vent innocent detainees, like the Chi- beings, even those of the enemy, we become lay that motion on the table. The motion to lay on the table was nese Muslims, from challenging their more like the enemy. That makes us weaker agreed to. detention. and imperils our valiant troops. We are Yesterday, I received a letter from proud to be Americans. This Amendment, AMENDMENT NO. 2524 TO AMENDMENT NO. 2515 well intentioned as it may be, will diminish The PRESIDING OFFICER. Under Colonel Dwight Sullivan of the U.S. us. Marine Corps. Colonel Sullivan is the the previous order, there is 2 minutes These American patriots, who served Chief Defense Counsel in the Office of equally divided on the Graham amend- our country for decades, say it better Military Commissions. He and other ment to the Graham amendment. than I ever could. This is not about military lawyers have gone to court to Mr. GRAHAM. Mr. President, I ask giving rights to suspected terrorists. It challenge the legality of the adminis- unanimous consent for an additional is about American values. Secret in- tration’s detention policies. minute to set the record straight. definite detention is not the American Colonel Sullivan opposes the Graham The PRESIDING OFFICER. Is there way. Eliminating habeas corpus is not amendment. In his letter to me, he objection? the American way. I urge my col- said: Mr. SPECTER. Mr. President, reserv- leagues to support the Bingaman sec- ing the right to object, is the Senator I am writing to call your attention to seri- ond-degree amendment. from South Carolina asking for a sec- ous errors in the arguments advanced by pro- The PRESIDING OFFICER. The time ponents of Amendment No. 2515 to the FY ond minute for each side? 2006 DOD Authorization Act that would strip of the Senator has expired. Mr. GRAHAM. That would be fine. I Guantanamo detainees of habeas rights. The question is on agreeing to the would like an extra minute. Senator In his initial floor speech supporting the amendment. KERRY gave me some very good advice, Amendment, Senator GRAHAM stated, ‘‘Never Mr. WARNER. I ask for the yeas and and I will take it if I am given the in the history of the law of armed conflict nays. time. The PRESIDING OFFICER. Is there a has an enemy combatant, irregular compo- The PRESIDING OFFICER. Is there nent, or POW been given access to civilian sufficient second? There is a sufficient objection to 4 minutes equally divided? court systems to question military authority second. and control, except here.’’ That claim simply The question is on agreeing to the Mr. SPECTER. No objection. is not true. As discussed in greater detail amendment. The clerk will call the The PRESIDING OFFICER. Without below, the Supreme Court considered habeas roll. objection, it is so ordered. petitions filed on behalf of seven of the eight The legislative clerk called the roll. Mr. GRAHAM. Mr. President, this is would-be German saboteurs in Ex parte Mr. MCCONNELL. The following Sen- a serious and very important vote. Quirin and on behalf of a Japanese general ator was necessarily absent: the Sen- During the debate last week, I made a who was a prisoner of war in In re statement about what rights our troops Yamashita. ator from Tennessee (Mr. ALEXANDER). Further, if present and voting, the would have. Our troops, once they are Senator GRAHAM stated: Senator from Tennessee (Mr. ALEX- charged under the Uniform Code of Here is the one thing I can tell you for sure ANDER) would have voted ‘‘no.’’ Military Justice, get appeal rights as a military lawyer. A POW or an enemy Mr. DURBIN. I announce that the under the military system, and they do combatant facing law of armed conflict have habeas rights about their crimi- charges has not been given the right to ha- Senator from New Jersey (Mr. CORZINE) beas corpus for 200 years because our own is necessarily absent. nal misconduct. people in our own military facing court- The PRESIDING OFFICER. Are there What I am trying to say—I got it martials, who could be sentenced to death, any other Senators in the Chamber de- wrong—is when our troops are enemy do not have the right of habeas corpus. siring to vote? prisoners there is no right to appeal to

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.077 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12801 the civil courts wherever they may be, Court stripping was a big issue in the tention. Providing detainees this right nor has there ever been a right for an confirmation process of Chief Justice is not about coddling terrorists—it is enemy prisoner to go to our court. Sen- Roberts. He ran from it like the plague. about showing the world that we are a ator KERRY gave me some good advice. He had an early memo. He didn’t want nation of laws and that we are willing I misstated, and I am sorry. But the to be associated with it. to uphold the values that we urge other concept of an enemy prisoner or enemy These are weighty and momentous nations to follow. It is about honoring combatant not having access to civil- considerations that go far beyond the and respecting the principles that are ian courts has been the tradition of 200 detainees at Guantanamo. And we part of our heritage as Americans and years. We are about to end this whole ought not to be deciding these ques- that have been a beacon to the rest of endeavor on a high note. I thank Sen- tions on an amendment, which was the world. Allowing a detainee to file a ator KYL for being a very constructive agreed to yesterday between Senator habeas petition provides legitimacy to finder of solutions, and I thank Sen- GRAHAM and Senator LEVIN, and no one our detention system and quells specu- ator LEVIN for going that extra mile to has had a chance to study or analyze— lation that we are holding innocent find a way we can leave this issue with most of all the authors—which on the people in secret prisons without any honor. face takes away jurisdiction of the Su- right to due process. This Levin-Graham-Kyl amendment preme Court of the United States. It is Some Members of the Senate have ar- allows every detainee under our con- untenable and unthinkable and ought gued that these prisoners should be trol to have their day in court. They to be rejected. tried in the military justice system. I are allowed to appeal their convictions, Mr. LEAHY. Mr. President, I com- think that we could all agree on such a if they are tried by military commis- mend my colleagues across the aisle course if the administration had sions—a model that goes back for dec- who are attempting to address the worked with Congress from the start ades to the Federal courts of this coun- treatment of detainees in U.S. custody, and established with our approval pro- try, if they get a sentence of 10 years despite resistance from members of cedures that are fair and consistent or the death penalty. their own party and the strong opposi- with our tradition of military justice. I We are going to have court review. tion of the White House. I know Sen- introduced a bill in the 107th Congress An enemy combatant will not be left at ator GRAHAM has worked closely with to do just that. So did Senator SPEC- Guantanamo without a court looking Senator MCCAIN and others to give our TER. The fact is, that the system that at whether they are properly charac- troops the clear guidance they need to has been established by the administra- terized. We are doing it in a way con- effectively detain and interrogate tion to try individuals held at Guanta- sistent with the law of armed conflict, enemy prisoners, and I commend him namo is not a system that reflects our in an orderly way. for that. The legislative branch has not values. It does not give due process or I am proud that we are because this met its obligation of oversight and pol- independent review. is a war of values. We can win this war icymaking in this area. For months, Everyone in Congress agrees that we without sacrificing our values, and Senator GRAHAM has been prodding the must capture and detain terrorist sus- part of our values is due process, even Congress to take action. He is one of pects, but it can and should be done in for the worst among us. the few members of his party to force- accord with the laws of war and in a I thank Senator LEVIN very much. fully speak out on the need to change manner that upholds our commitment Senator SPECTER’s stated that the Cir- the administration’s policies. to the rule of law. The Judiciary Com- cuit Court of Appeals of the District of While I support Senator GRAHAM’s ef- mittee held a hearing on detainee Columbia is the primary court to hear forts on these issues, I cannot support issues in June. At that hearing, Sen- these cases, but the Supreme Court can his amendment to strip Federal courts ator GRAHAM said that once enemy receive a certiorari petition from that of the authority to consider a habeas combatant status has been conferred court. petition from detainees being held in upon someone, ‘‘it is almost impossible The PRESIDING OFFICER. Is there a U.S. custody as enemy combatants. not to envision that some form of pros- Senator seeking time in opposition? The Graham amendment would deny ecution would follow.’’ He continued, Mr. SPECTER. Mr. President, when prisoners who the administration ‘‘We can do this and be a rule of law the Senator from South Carolina says claims are unlawful combatants the nation. We can prove to the world that the Supreme Court of the United right to challenge their detention. At even among the worst people in the States can take certiorari, it is at vari- no time in the history of this Nation world, the rule of law is not an incon- ance with the plain language of the have habeas rights been permanently sistent concept.’’ I agree with Senator statute. The statute says: cut off from a group of prisoners. Even GRAHAM, but I strongly believe that in The United States Court of Appeals for the President Lincoln’s suspension of ha- order to uphold our commitment to the District of Columbia shall have exclusive ju- beas was temporary. The Supreme rule of law, we must allow detainees risdiction. Court has held numerous times that the right to challenge their detention Mr. GRAHAM. Mr. President, will enemy combatants can challenge their in Federal court. the Senator yield? detention. As Chairman SPECTER noted on the Mr. SPECTER. No. It means what it Many of my colleagues across the floor last week, there are existing pro- says. aisle argue that terrorists do not de- cedures under habeas corpus that have I can’t yield having only 2 minutes, serve access to our Federal courts. This been upheld by the Supreme Court that but I would be glad to hear the Senator argument would be far more persuasive do not invite frivolous claims, and that afterwards. if all of the detainees at Guantanamo are appropriate. Senator GRAHAM’s It means what it says—the Supreme Bay were terrorists. Unfortunately, amendment would not only restrict ha- Court has no jurisdiction. many of them are almost certainly not. beas in a manner never done before in The great difficulty with the Numerous press accounts have quoted our Nation, but, as the chairman of the Graham-Levin amendment is that it unnamed officials who believe that a Judiciary Committee said last week, it was worked out yesterday—sort of an significant percentage of those de- would open a Pandora’s box. affront to the Judiciary Committee, if tained at Guantanamo do not have a The chairman is right. He spoke I may say so—that there is no time for connection to terrorism. And yet they forcefully again this morning about the the Judiciary Committee to have a have been held for years without the danger of such court stripping efforts. hearing on the matter to consider it. right to challenge their detention in a We must not rush to change a legal We are dealing with very funda- fair and impartial hearing, a situation right that predates our Constitution. mental rights, habeas corpus. that does significant harm to our Na- Creating one exemption to the ‘‘great Another provision of the Graham- tion’s reputation as a leader in human writ’’ only invites more. The Judiciary Levin amendment says there shall be rights and which puts our own soldiers Committee has jurisdiction over ha- no habeas corpus jurisdiction. at risk. beas corpus and it should have the first There have been repeated efforts in Filing a writ of habeas corpus is opportunity to review any proposed the history of our country to take often the detainee’s only opportunity changed carefully and thoroughly. Al- away the jurisdiction of the courts. to openly challenge the basis for his de- though congressional action on the

VerDate Aug 31 2005 01:54 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.020 S15NOPT1 S12802 CONGRESSIONAL RECORD — SENATE November 15, 2005 issue of foreign detainees is long over- enemy combatant and providing for limited the substantive law applicable to pend- due, we must not act hastily when the judicial review of such decisions. This kind ing cases, it would not strip the courts ‘‘great writ’’—something that protects of congressional structuring of the detention of jurisdiction to hear them. us all—is at stake. of military prisoners is long overdue, and it Under the Graham-Levin-Kyl amend- highlights the absence of congressional regu- I ask unanimous consent to have lation of standards of detainee treatment ment, the habeas prohibition would printed in the RECORD a letter from the and the establishment of military commis- take effect on the date of enactment of deans of four of our Nation’s most pres- sions. Curiously, the Graham Amendment the legislation. Thus, this prohibition tigious law schools that articulates the recognizes the need for judicial review of the would apply only to new habeas cases dangers of adopting the Graham determination of enemy combatant status, filed after the date of enactment. amendment. but then purports to bar judicial review of The approach in this amendment pre- far more momentous commission rulings reserves comity between the judiciary There being no objection, the mate- garding determinations of guilt and imposi- rial was ordered to be printed in the and legislative branches. It avoids re- tion of punishment. peating the unfortunate precedent in RECORD, as follows: We cannot imagine a more inappropriate Ex parte McCardle, in which Congress NOVEMBER 14, 2005. moment to remove scrutiny of Executive intervened to strip the Supreme Court DEAR SENATOR LEAHY: We write to urge Branch treatment of noncitizen detainees. that the Senate adopt the amendment of We are all aware of serious and disturbing re- of jurisdiction over a case which was Senator Bingaman removing the court-strip- ports of secret overseas prisons, extraor- pending before that Court. ping provisions of the Graham Amendment dinary renditions, and the abuse of prisoners The Graham amendment would pro- to the Department of Defense authorization in Guanta´ namo, Iraq and Afghanistan. The vide for direct judicial review only of bill. As professors of law who serve as deans Graham Amendment will simply reinforce status determinations by combat sta- of American law schools, we believe that im- the public perception that Congress approves tus review tribunals, not to convictions munizing the executive branch from review Executive Branch decisions to act beyond by military commissions. the reach of law. As such, it undermines two of its treatment of persons held at the U.S. The Graham-Levin-Kyl amendment ´ core elements of the rule of law: congression- Naval Base at Guantanamo strikes at the would provide for direct judicial review heart of the idea of the rule of law and estab- ally sanctioned rules that limit and guide lishes a precedent we would not want other the exercise of Executive power and judicial of both status determinations by nations to emulate. review to ensure that those rules have in CSRTs and convictions by military At the Guanta´ namo Naval Base, the Gov- fact been honored. commissions. The amendment does not ernment has subjected foreign nationals be- When dictatorships have passed laws strip- affirmatively authorize either CSRTs lieved to be linked to Al Qaeda to long-term ping their courts of power to review execu- or military commissions; instead, it es- detention and has established military com- tive detention or punishment of prisoners, tablishes a judicial procedure for deter- our government has rightly challenged such missions to try a small number of the de- mining the constitutionality of such tainees for war crimes. It is entirely clear acts as fundamentally lawless. The same standard should apply to our own govern- processes. that one of the Executive Branch’s motiva- The Graham amendment would pro- tions for detaining noncitizens at ment. We urge you to vote to remove the vide only for review of whether a tri- Guanta´ namo was to put their treatment be- court-stripping provisions of the Graham Amendment from the pending legislation. yond the examination of American courts. bunal complied with its own standards T. ALEXANDER ALEINIKOFF, The Supreme Court rejected the Govern- and procedures. Dean, Georgetown ment’s claim in Rasul v. Bush that federal The Graham-Levin-Kyl amendment University Law Cen- habeas corpus review did not extend to would authorize courts to determine ter. Guanta´ namo. The extent of the rights pro- whether tribunals and commissions ap- ELENA KAGAN, tected by federal habeas law is now before Dean and Charles plied the correct standards, and wheth- the Federal Court of Appeals for the D.C. Hamilton Houston er the application of those standards Circuit. Another challenge has been filed to Professor of Law, and procedures is consistent with the the authority of the President, acting with- Harvard Law Constitution and laws of the United out congressional authorization, to convene School. military commissions at Guanta´ namo. Just States. HAROLD HONGJU KOH, last week the Supreme Court announced that This amendment is not an authoriza- Dean and Gerard C. & tion of the particular procedures for it would review the case, Hamdan v. Rums- Bernice Latrobe the military commissions; rather it is feld. Smith Professor of The Graham Amendment would attempt to International Law, intended to set a standard—consistent stop both of these cases from proceeding and Yale Law School. with our Constitution and laws—with would unwisely interrupt judicial processes LARRY KRAMER, which any procedures for the military in midcourse. Respect for the constitutional Dean and Richard E. commissions must conform. principle of separation of powers should Lang Professor of Mr. REID. Mr. President, in a series counsel against such legislative interference Law, Stanford Law of votes last Thursday and today, the in the ongoing work of the Supreme Court School. and independent judges. Senate has voted to deny the avail- Mr. LEVIN. Mr. President, the Unfortunately, the Graham Amendment ability of habeas corpus to individuals would do much more. With a minor excep- Graham amendment, which the Senate held by the United States at Guanta- tion, the legislation would prohibit chal- approved last Thursday, includes a pro- namo Bay, Cuba. I rise to explain my lenges to detention practices, treatment of hibition on Federal courts having juris- vote against the Graham amendment prisoners, adjudications of their guilt and diction to hear habeas petitions last week, and my votes in favor of the their punishment. brought by aliens outside the United Bingaman amendment and the To put this most pointedly, were the States who are detained by the Defense Graham-Levin amendment earlier Graham Amendment to become law, a person Department at Guantanamo Bay, Cuba. today. suspected of being a member of Al Qaeda The Graham-Levin-Kyl amendment First, let’s put the whole issue of the could be arrested, transferred to would make three significant improve- Guanta´ namo, detained indefinitely (provided rights of suspected terrorists in con- that proper procedures had been followed in ments to the underlying Graham text. As Senator MCCAIN said over the deciding that the person is an ‘‘enemy com- amendment. weekend, terrorists are ‘‘the quintes- batant’’), subjected to inhumane treatment, The habeas prohibition in the sence of evil. But it’s not about them; tried before a military commission and sen- Graham amendment applied retro- it’s about us.’’ This debate is about re- tenced to death without any express author- actively to all pending cases—this spect for human rights and adherence ization from Congress and without review by would have the effect of stripping the to the rule of law. It is about the con- any independent federal court. The American Federal courts, including the Supreme tinued moral authority of this Nation. form of government was established pre- Court, of jurisdiction over all pending For the past four years, the Bush ad- cisely to prevent this kind of unreviewable exercise of power over the lives of individ- case, including the Hamdan case. ministration has advocated a policy of uals. The Graham-Levin-Kyl amendment detaining suspects indefinitely and We do not object to the Graham Amend- would not apply the habeas prohibition largely in secret, without access to ment’s procedural requirements for deter- in paragraph (1) to pending cases. So, meaningful judicial oversight. This mining whether or not a detainee is an although the amendment would change policy is inconsistent with our core

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.021 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12803 values as Americans. In addition, a pol- corpus, while at the same time stream- Graham amendment still strips the icy so inconsistent with human rights lining judicial review of Guantanamo courts of jurisdiction to hear habeas will further damage America’s image cases and ensuring that only the most corpus petitions. For this reason, I op- abroad and provide more ammunition serious cases are before the Federal pose the final Graham amendment as for those who wish to do us harm. courts. I applaud the Senator from New amended. I hope it is either improved The writ of habeas corpus is one of Mexico for his defense of habeas corpus in conference or deleted altogether. the pillars of the Anglo-American legal and I regret that his amendment did But even if the Graham amendment system. It is the mechanism by which not pass. is enacted into law, the Judiciary Com- people who are held by the government I also voted in favor of the Graham- mittee should hold hearings to define can seek an independent review of the Levin amendment because it is an im- the rights of the detainees at Guanta- legality of their detention. Very often provement over the original Graham namo with greater care and to develop the people who rely on habeas corpus amendment, which, as the vote last sensible procedures for enforcing those are unpopular, whether they are con- week demonstrated, would have passed rights. It is of the utmost importance victed criminals or suspected terror- the Senate with or without improve- that this Congress work to preserve the ists. But habeas corpus protects all of ments. Importantly, the Graham-Levin principles of human rights and the rule us—it is the way we ensure that the ex- amendment would allow courts to con- of law upon which this Nation was ecutive branch acts within the bounds sider whether the standards and proce- founded. of the law. dures used by the Combatant Status The PRESIDING OFFICER. The The amendment offered by Senator Review Tribunals are consistent with question is on the Graham amendment. Mr. SPECTER. Mr. President, I ask GRAHAM last week created an exception the Constitution and U.S. laws, and for the yeas and nays. to the habeas corpus rights established would allow for court review of the actions of military commissions. The PRESIDING OFFICER. Is there a in title 28 of the United States Code. It sufficient second? contained a separate, essentially hol- As a supporter of the Graham-Levin amendment, let me state my under- There is a sufficient second. low review of whether the Defense De- The question is on agreeing to the partment had complied with its own standing of several important issues. First, I agree with Senator LEVIN that amendment, and the clerk will call the procedures in declaring someone an roll. enemy combatant. In a practical sense, his amendment does not divest the Su- preme Court of jurisdiction to hear the The bill clerk called the roll. the amendment put the actions of U.S. Mr. MCCONNELL. The following Sen- pending case of Hamdan v. Rumsfeld. I officials with respect to the Guanta- ator was necessarily absent: the Sen- believe the effective date provision of namo detainees beyond the reach of the ator from Tennessee (Mr. ALEXANDER). the amendment is properly understood law, and created a legal no-man’s land. Further, if present and voting, the to leave pending Supreme Court cases I opposed the Graham amendment for Senator from Tennessee (Mr. ALEX- unaffected. It would be highly irregular this reason. ANDER) would have voted ‘‘yea.’’ Nobody thinks that detainees should for the Congress to interfere in the Mr. DURBIN. I announce that the work of the Supreme Court in this be able to file habeas petitions about Senator from New Jersey (Mr. CORZINE) fashion, and the amendment should not what kind of peanut butter they are is necessarily absent. be read to do so. The PRESIDING OFFICER. Are there served or whether they can watch Second, I do not understand this leg- DVDs. That is not what this is about. any other Senators in the Chamber de- islation to represent a congressional siring to vote? This is about whether we are going to authorization of the military commis- permit the President to detain a The result was announced—yeas 84, sions unilaterally established by the nays 14, as follows: human being indefinitely without inde- executive branch at Guantanamo Bay. pendent judicial review. [Rollcall Vote No. 325 Leg.] We would hardly authorize these com- YEAS—84 I want to draw the attention of my missions based upon a few hours of Akaka Domenici McConnell colleagues to an op-ed published in the floor debate. Instead, I regard this leg- Washington Post yesterday by one of Allard Dorgan Mikulski islation as establishing a process for Allen Ensign Murkowski the pro bono lawyers for the Guanta- the federal courts to review the con- Bayh Enzi Murray namo Bay detainees. The lawyer de- stitutionality of the commissions. To Bennett Feinstein Nelson (FL) Bond Frist Nelson (NE) scribes the importance of habeas re- the extent that question turns on view for his client, who remains in jail Boxer Graham Obama whether Congress has authorized or Brownback Grassley Pryor despite the military’s determination recognized the commissions, nothing Bunning Gregg Reed that his client was innocent and was we have done today lends support to Burns Hagel Reid not associated with al-Qaida or the Burr Hatch Roberts the argument that the commissions are Cantwell Hutchison Salazar Taliban. a valid exercise of executive authority. Carper Inhofe Santorum The writ of habeas corpus is for peo- Third, Senator SPECTER raised the Chafee Inouye Schumer ple like this. It is for figuring out question of whether the grant of ‘‘ex- Chambliss Isakson Sessions whether those held at Guantanamo are Clinton Jeffords Shelby clusive jurisdiction’’ to the DC Circuit Coburn Johnson Smith in fact terrorists—and whether they precludes Supreme Court review of the Cochran Kerry Snowe are held lawfully and in accordance DC Circuit’s final orders in these cases. Coleman Kohl Stabenow with the requirements of the Constitu- Collins Kyl Stevens I do not understand the amendment to Conrad Landrieu Sununu tion. strip the Supreme Court of such appel- Cornyn Levin Talent In addition, the Senate recently late jurisdiction. Congress often grants Craig Lieberman Thomas passed, by a vote of 90 to 9, the McCain ‘‘exclusive jurisdiction’’ to one court or Crapo Lincoln Thune amendment to prohibit the use of tor- DeMint Lott Vitter another, but that phrase is not under- DeWine Lugar Voinovich ture at Guantanamo and elsewhere. stood to preclude appeals through the Dodd Martinez Warner The Graham amendment would under- usual means. Dole McCain Wyden mine this prohibition by preventing its Finally, there may be questions NAYS—14 enforcement by the Federal courts. The about what Congress meant when it di- Baucus Durbin Leahy Federal courts exist to vindicate im- rects the courts to review ‘‘whether Biden Feingold Rockefeller portant rights. In general, this juris- subjecting an alien enemy combatant Bingaman Harkin Sarbanes diction-stripping amendment would Byrd Kennedy Specter to such standards and procedures is Dayton Lautenberg trample on the independence of the ju- consistent with the Constitution and diciary and violate principles of sepa- laws of the United States.’’ In my view, NOT VOTING—2 ration of powers. the Federal court should hear any fac- Alexander Corzine Today the Senate voted on two tual or legal challenge by a detainee The amendment (No. 2524) was agreed amendments to improve the Graham who contests being classified as an to. amendment. I supported the Bingaman enemy combatant in the first place. Mr. WARNER. I move to reconsider amendment, because it would have pre- Even after adoption of the Graham- the vote and to lay that motion on the served the fundamental right of habeas Levin amendment, the underlying table.

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.037 S15NOPT1 S12804 CONGRESSIONAL RECORD — SENATE November 15, 2005 The motion to lay on the table was IRAQI MILITARY EQUIPMENT U.S. forces the responsibilities for agreed to. Mr. DODD. Mr. President, it is in our maintaining peace and order through AMENDMENT NO. 2515, AS AMENDED Nation’s interest and in our own Iraq. Mr. WARNER. Mr. President, we now troops’ interests to ensure that Iraqi Mr. WARNER. I thank the Senator turn to the underlying amendment. It security forces, fighting side by side from Connecticut. He has raised a sig- is my understanding the Senator from with America’s soldiers and marines, nificant concern that we both, and South Carolina has agreed to a voice are well-trained and well-equipped. As many others in this body, share. There vote. the chairman of the Armed Services is no question we must continue to pro- The PRESIDING OFFICER. The Committee has indicated, our capacity vide our magnificent soldiers, sailors, question is on agreeing to amendment to transfer security responsibilities to airmen, and marines with the finest No. 2515, as amended. the Iraqis will chiefly rely on one equipment available to meet the mis- The amendment (No. 2515), as amend- thing—the ability of Iraqi forces to sion requirements in Iraq and else- ed, was agreed to. stand up and assume control over their where around the world. In Iraq, there Mr. LEVIN. I move to reconsider the nation’s security. is no doubt that efforts to train and vote. To successfully complete the mission equip Iraqi Security Forces are deci- Mr. WARNER. I move to lay that mo- in Iraq and to bring our troops home as sive to Iraq’s future and a major ele- tion on the table. quickly as possible, we need to ensure ment in the policy of the United The motion to lay on the table was that lraq’s soldiers and policemen have States. Lieutenant General Petraeus agreed to. the capacity to assume control over performed masterfully as Commander ORDER FOR RECESS their nation’s security and law enforce- of the Multi-National Security Transi- Mr. REID. Mr. President, I ask unan- ment. And in the immediate term, as tion Command in Iraq that was imous consent that the time for the re- our troops deploy on patrol with their charged with training the Iraqi Secu- cess, which is already part of the order Iraqi partners, they need to know that rity Forces and now Lieutenant Gen- of the Senate, be extended until 2:30. I they can rely on Iraqi forces to shoul- eral Dempsey has the reins on this mis- am sure both caucuses have a lot of der their share of combat operations. sion. During the most recent elections work to do, and we could convene at Achieving this goal is not only a in Iraq, the performance of Iraqi Secu- 2:30. matter of training Iraq’s soldiers and rity Forces was an important contrib- Mr. MCCONNELL. Reserving the policemen. We need to also ensure that utor to that success. The Iraqi Secu- right to object, if we could just with- they are adequately equipped to per- rity Forces provided protection to hold for a moment and discuss it. form their missions safely and effec- more than 6,000 polling sites. That was Mr. REID. Of course. tively. Last week, the New York Times a very positive step in the right direc- I suggest the absence of a quorum. reported on the difficulties Iraqi troops tion, but we still have some way to go The PRESIDING OFFICER. The are facing in procuring inadequate in training and equipping the Iraqi Se- clerk will call the roll. armor and safety gear. According to curity Forces. As chairman of the Sen- ate Armed Services Committee, I am The bill clerk proceeded to call the that article, the biggest shortage is in monitoring the readiness of these Iraqi roll. fortified vehicles. Tragically, Iraqis are units. The viability of Iraqi units must Mr. REID. Mr. President, I ask unan- being required to patrol the same roads be measured by a series of indicators, imous consent that the order for the and marketplaces that are besieged on quorum call be rescinded. including efforts to measure intangi- a daily basis by improvised explosive bles such as morale and unit cohesion, The PRESIDING OFFICER. Without devices and suicide bombers without objection, it is so ordered. as well as quantifying the military any armored protection or heavy vehi- training of Iraqi Security Forces and The Senator from Virginia. cles. With several hundred Iraqis oper- Mr. WARNER. Mr. President, I pre- the distribution of weapons and equip- ating in military vehicles, only three sume, now that the quorum call has ment. As the Senator from Connecticut dozen such vehicles are outfitted with been withdrawn, that under the unani- indicated, the quality of the weapons protective armor. We need to do better mous consent agreement, the Senate and equipment we provide to the Iraqis than that if we expect Iraqi troops to may now move to third reading of the must be of the caliber that contributes have even a fighting chance. But at the bill. to the discipline, confidence, and mo- Mr. REID. Mr. President, I suggest same time, we also need to recognize rale of the Iraqis we are training. It is the absence of a quorum. that the needs of our own troops are of in the best interest of all that we move The PRESIDING OFFICER. The paramount concern. That is why, with quickly to equip the Iraqi Security clerk will call the roll. the chairman’s support, I offered an Forces with the proper equipment. We The bill clerk proceeded to call the amendment to reimburse troops for cannot ask the Iraqi Security Forces to roll. protective gear that they purchased; conduct patrols or engage in battle in Mr. REID. Mr. President, I ask unan- why we have supported rapidly fielding pickup trucks and SUVs while the em- imous consent that the order for the increasingly more armored protection bedded American forces are in up-ar- quorum call be rescinded. to U.S. soldiers, sailors, airmen, and mored HMMWVs and Bradley Fighting The PRESIDING OFFICER. Without marines deployed in Iraq and Afghani- Vehicles. I am prepared to work with objection, it is so ordered. stan; why the Senate supported the my colleague and the Secretary of De- Mr. REID. Mr. President, I appreciate chairman’s amendment last July to fense to provide suitable equipment for very much the chairman of the sub- add an additional 1,800 up-armored the Iraqi Security Forces. I am also committee and the ranking member, HMMWVs for the U.S. Marines Corps; prepared to work with other elements Senators SHELBY and MIKULSKI, for and why, yesterday on the bill, we of the administration to engage our Al- being understanding. I ask unanimous voted to add an additional $360 million lies and partners in this effort. I, for consent that the recess be extended for even more armored vehicles. one, do not believe we have time to until 2:30. Members of this body have few higher build and then rebuild the Iraqi Secu- The PRESIDING OFFICER. Without priorities than the safety and well- rity Forces. objection, it is so ordered. being of our troops deployed in harm’s Mr. DODD. I thank the chairman for The majority leader is recognized. way. And there is no greater champion his statement and applaud his commit- Mr. FRIST. Mr. President, I think it of the American GI than the current ment to improving the availability of is a reasonable request by the Demo- chairman of the Armed Services Com- suitable equipment to the Iraqi Secu- cratic leader so we can get on with this mittee. Therefore, I am sure that he rity Forces. As I said before, I share his vote and go to our caucuses. The rea- would agree that the best way we can belief that our first obligation is to the son there was an initial objection to it safeguard the safety and security of safety and well-being of our men and was because Senator SHELBY, chairman our troops is to ensure that U.S. forces women deployed in harm’s way. In that of the committee, had something he can complete their mission and return same token, I also appreciate his asser- had to move. But we will work it out home as soon as possible. Doing so will tion that ensuring Iraqi troops have and start at 2:30. We will have plenty of require well-equipped as well as well- the equipment they need is in the secu- time for our caucus lunch. trained Iraqi forces to take over from rity interest of our Nation and our

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.022 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12805 troops. I urge the administration to— but despite their efforts, the Depart- up. When we fail that standard, we make available to the Iraqis adequate ment of Defense is still lagging behind harm the ideals we most seek to pro- force protection equipment as soon as the VA. mote—and undermine the foundations possible to allow them to take the lead The Government Accountability Of- of our own society and our influence in Iraq, and, ultimately, operate inde- fice, in a report released last year, around the world. pendently in securing their own coun- found that one of the primary reasons That is why it is so important that try. for the Defense Department’s severe we send a clear signal that the mis- As American forces upgrade their delays in producing a compatible med- treatment of prisoners under our con- own armor and safety equipment, per- ical records system is the lack of trol was a mistake that will not hap- haps the Departments of Defense and strong oversight of the process. My pen again. Our commitment to the rule State will consider making available to amendment is an effort to implement of law demands it. The men and women Iraqi forces some of the older equip- some oversight. Pursuant to my who signed up to defend our country, ment of the United States, to allow amendment, 6 months after enactment not to defend accusations of torture, Iraqis the ability to operate side by of the bill, the DOD would be required deserve it. side with American forces. As U.S. to report to Congress on the progress It is very unclear whether any good forces upgrade their armored vehicles being made on the development of the information ever comes from torture— in Iraq, from what is called Level One CHCS II system, the timeframe for im- many experienced intelligence officers protection to the more advanced Level plementation of the system, a cost essay no. But it is crystal clear that the Two protection, we might wish to con- timate for completion of the system, bad consequences of this high-level po- sider distributing these older vehicles and a description of the management litical decision will haunt us for to Iraqi forces. And perhaps, when structure used in the development of years—in how hostile armies treat our American forces eventually withdraw the system. soldiers; how foreign governments from Iraq, the United States would fur- I also want to thank Senators LEVIN judge our trustworthiness; and how for- ther consider leaving their older Level and WARNER for accepting my amend- eign citizens respond to our best shared One armored fleet for use by the Iraqis. ment requiring that DOD report to the values, like faith in the rule of law. Another option might be to seek out Senate and House Armed Services This DOD authorization bill is critically important, particularly with our other non-U.S. sources of armored ve- Committees about its pandemic flu service men and women serving bravely hicles to replace the substandard preparedness activities. When pan- in Iraq, Afghanistan, and around the equipment that the Iraqis are cur- demic flu strikes, many of our military world. We owe it to our men and rently using. and civilian personnel will be at high The sooner we can properly train and risk for infection, particularly those women in uniform to do everything we equip these Iraqi police and military deployed in Asia where avian flu poses can to support them. Back when we first considered the units, the sooner we can get our troops the greatest current risk; military and DOD authorization bill in July, the home safe and secure. And that must civilian personnel in this country also Senate accepted an amendment Sen- be our principal objective in com- will likely be involved in domestic re- ator GRAHAM and I offered to make sponse activities in the event of a pan- pleting Operation Iraqi Freedom. Tricare available to all National Guard I thank the Chairman for engaging in demic. Our Nation’s security is contin- members and reservists. this colloquy. gent on a healthy military, and we This week, the Senate has accepted Mr. OBAMA. Mr. President, I rise must ensure that these members will another amendment I offered—this one today to thank my colleagues, the sen- be protected. with Senator COLLINS—that will im- ior Senator from Virginia and the Sen- It is Congress’s duty to oversee the prove financial education for our sol- ior Senator from Michigan, for their delivery of health care to our Nation’s diers. This is a problem that has hard work in getting the fiscal year soldiers, and these amendments will plagued military service men and 2006 Defense authorization bill to the help in our efforts to exercise this over- women for years: a lack of general floor and for including in the bill two sight. I hope to work with the con- knowledge about the insurance and amendments I offered. These amend- ferees on this authorization bill to re- other financial services available to ments will directly affect the quality tain these provisions in conference. them. of health care we provide our Nation’s Mrs. CLINTON. Mr. President, the This amendment instructs the Sec- armed forces. Senate today is considering the De- retary of Defense to carry out a com- As many of you know, the Depart- partment of Defense authorization bill prehensive education program for mili- ment of Veterans Affairs, VA, has cre- for the 2006 fiscal year. As a member of tary members regarding public and priated one of the most effective elec- the Senate Armed Services Committee, vate financial services, including life tronic medical records systems in the I have attended numerous hearings and insurance and the marketing practices Nation. Despite a number of problems participated in the markup of this leg- of these services, available to them. at the VA—from funding shortfalls to islation. And I want to commend the This education will be institutionalized delayed benefits—the electronic med- chairman of the Senate Armed Serv- in the initial and recurring training for ical records system is one of the VA’s ices Committee, Senator WARNER, and members of the military. This is im- great successes and serves as a na- the ranking member, Senator LEVIN, portant so that we don’t just make an tional model. Unfortunately, the De- for the serious, bipartisan approach instantaneous improvement, but a partment of Defense, DOD, has not cre- they have taken in preparing this bill truly lasting benefit to members of the ated a similar system for members of for consideration on the Senate floor. military. the military. I just returned from an International This amendment also requires that Despite a significant expenditure of Rule of Law symposium focusing on counseling services on these issues be time and money, the Department of the need to create an international made available, upon request, to mem- Defense appears to be far from comple- rule of law movement. As we talk bers and their spouses. I think it is tion of its system, the Composite today about providing our troops with very important to include the spouses Health Care System II, CHCS II. Con- the support they need to serve our Na- in this program, because we all know sequently, we have soldiers who have tion, it is also important to recognize that investment decisions should be honorably served their country leaving that we should be doing all we can to made as a family. Too many times, a the military and entering the VA sys- make sure that we are not tarnishing military spouse has to make these de- tem, and yet there is no easy way to their service. As we promote the rule of cisions alone, while their husband or transfer their medical records to the law in other societies, we need to begin wife is deployed. new health care system. This lack of by recognizing that the United States This amendment requires that during compatibility results in severe ineffi- has a special heritage and a special re- counseling of members or spouses re- ciencies and delayed benefits for our sponsibility—a responsibility not to be garding life insurance, counselors must veterans. This is a problem that the perfect, for that is impossible, but to include information on the availability national veterans’ service organiza- admit our mistakes and use the rule of of Servicemembers’ Group Life Insur- tions have highlighted over the years, law to mend them, not to cover them ance, SGLI, as well as other available

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.025 S15NOPT1 S12806 CONGRESSIONAL RECORD — SENATE November 15, 2005 products. It requires that any junior At a time when our Armed Forces are men and women who served during enlisted member—those in the grades struggling to meet recruiting and re- that time deserve to be recognized. of E1–E4—that they must provide con- tention goals, it makes no sense to fur- This legislation has been included in firmation that they have received ther restrict the role of our women in the House-passed version of the De- counseling before entering into any uniform. Doing so would only add to fense authorization bill and I intend to new contract with a private sector life the strain on our Armed Forces and un- encourage my colleagues in both the insurer. It is my expectation that this dermine the morale of our service House and Senate to support its inclu- will help prevent our young troops members. sion in the bill that emerges from the from being taken advantage of by un- Since September 11, our Armed House-Senate conference. scrupulous insurance companies. Forces have stretched to meet new and It is also important that we honor I am proud my fellow Senators sup- growing needs. It is essential that we those men and women who are cur- port this legislation and I look forward fu1ly utilize and retain personnel. rently serving. One issue that has come to working hard during conference to Women in uniform have increasingly ensure its incorporation in the final served in the line of fire, performing to my attention is the status of Na- bill put before the President. honorably and courageously in service tional Guard members who served at Today, I would also like to speak to our country. Over 100,000 women Ground Zero in the aftermath of Sep- about several issues that, while un- have been deployed in support of mili- tember 11. In the rush to send National likely to be brought up as amendments tary operations since September 11. Guard members to Ground Zero imme- to this bill, we will have to seriously Imagine the strain that our forces diately after the attacks on September consider during conference. would suffer if many of these women 11, New York’s Governor activated The first is the extremely important were suddenly deemed ineligible to them in their State status. However, issue of the role of women in combat. serve in their current roles. many of these Guard men and women In the House Armed Services Sub- Our soldiers, both men and women, ended up serving at Ground Zero for committee markup of the Defense bill, volunteered to serve their Nation. over a year. Since they were in their a provision was inserted that would They are performing magnificently. State status, these Guard men and have turned back the clock on the roles There should be no change to existing women did not qualify for Federal re- that women play in our military. The policies that would decrease the roles tirement credits. However, other New uproar over this provision from the or positions available to women in the York National Guardsmen who were public and from the Pentagon was Armed Forces. Earlier this year, I in- activated to protect Federal installa- strong. General Cody, the Vice Chief of troduced, along with several of my col- tions after September 11 were activated Staff of the Army, wrote a letter to the leagues, a sense-of-the-Senate resolu- in their Federal status. The result was House Armed Services Committee ex- tion stating that there should be no that two groups of Guardsmen were plaining that such a provision would change to existing laws, policies or reg- created. Each group served honorably disrupt our forces serving overseas. ulations that would decrease the roles after September 11, but the Guardsmen The House Armed Services Committee or positions available to women in the serving at Ground Zero did not earn re- withdrew the offending provision and Armed forces. tirement credit, while the Guardsmen instead included a provision to codify As we approach the conference, I will protecting Federal installations did the Pentagon’s 1994 policy regarding oppose any efforts that would send a earn that credit. Several months ago, I women in combat. I am uncertain that negative signal to women currently introduced legislation, S. 1144, to rem- this policy needs to be codified and will serving and I hope my colleagues will edy this injustice. This legislation was join me in preserving the ability of be looking at this language closely in included in the House’s version of the women to fully serve their country. conference. As we talk about honoring those who Defense authorization bill and I will Because of the House’s efforts to reserve, I would also like to draw the at- once again urge my colleagues to sup- strict the role of women, I want to tention of my colleagues to another port this in the House-Senate con- take a few minutes to recognize the piece of legislation that I have intro- ference on the legislation. enormous contributions that women duced in the Senate, the Cold War One issue that is not addressed in ei- have made and continue to make to Medal Act of 2005. ther the House or the Senate version of our military. It is important that we remember the Defense authorization bill is our Women have a long history of proud and honor the contributions of all vet- service in our Armed Forces. Women spending priorities for science and erans, from our World War II veterans technology at the Defense Advanced have served on the battlefield as far to those just returning from Iraq. It is back as the American Revolution, Research Projects Agency, DARPA. I especially important that we not forget would like to use the remainder of my where they served as nurses, water those who served during the Cold War, bearers, cooks, laundresses, and sabo- time to raise some concerns that I have a decades-long struggle that, even in regarding the Department of Defense’s teurs. Since that time, opportunities the absence of a formal declaration of have increased, especially since 1948 investments in science and technology hostilities, was for nothing less than and disturbing trends in our invest- when the Women’s Armed Services In- the future of the world. tegration Act of 1948 was passed. ments in the longer term, basic re- Our victory in the Cold War was search—investments that will develop More than 200,000 women currently made possible by the willingness of serve, making up approximately 17 per- the next generation of capabilities on millions of Americans in uniform to which our military superiority will decent of the total force. Thousands of stand prepared against the threat from women are currently serving bravely in pend. To put it plainly, I am concerned behind the Iron Curtain. that DARPA is losing its focus on basic Iraq, Afghanistan, and elsewhere. Dur- That is why I have introduced legis- and early stage research. ing my own visits to Iraq—and as I am lation, S. 1351, the Cold War Medal Act sure that many of my colleagues who of 2005, to create a military service The Department’s science and tech- have also visited Iraq can also attest— medal to members of the Armed Forces nology programs make investments in I witnessed women performing a wide who served honorably during the Cold research at our nation’s universities range of tasks in a dangerous environ- War. and innovative high-tech small busi- ment. In Iraq, the old distinctions be- This is the companion bill to legisla- nesses in areas such as robotics, artifi- tween the front lines and the rear are tion that was introduced on the House cial intelligence, and nanotechnology. being blurred, and women are ably side by Congressman ANDREWS. This In the past, we have seen these invest- shouldering many of the same risks as legislation would establish a Cold War ments grow into revolutionary capa- men. And when I have met with women Medal for those who served at least 180 bilities that our military takes for soldiers in Iraq and Afghanistan, they days from September 2, 1945 to Decem- granted today. We have seen the fruits have not complained that they are ber 26, 1991. About 4.8 million veterans of these investments support our ef- being placed in harm’s way. To the would be eligible to receive this medal. forts in the global war on terrorism contrary, they have expressed pride in Our victory in the Cold War was a and operations in Iraq and Afghani- being able to contribute to the mission. tremendous accomplishment and the stan.

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.029 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12807 That is why I am concerned that the on certain solicitations, and reducing ditionally, when Reservists and Na- Department of Defense seems to be sys- the periods of performance to 18–24 tional Guardsmen are called to active tematically underinvesting in funda- months.’’ That kind of short term- duty, many of their spouses enter the mental and long-term research pro- focus is not conducive to university workforce to make up the difference grams that will shape the military of programs or to addressing broad, fun- between civilian and military pay. the future. I note that the Depart- damental technical challenges—espe- It is not just those in uniform who ment’s science and technology request cially when research in computer make sacrifices for this country. Mili- for 2006 was down $2.8 billion from the science is helping develop and shape tary families need our support as well. 2005 appropriated level and even $28 our networked forces of the future. My amendment would create a DoD million below the original 2005 budget I know that our chairman, Senator grant program for workforce boards es- request. In fact, the request is so low it WARNER, is also a great supporter of tablished under the Workforce Invest- has triggered a congressionally man- DOD research programs and the comment Act of 1998. Many of these centers dated Defense Science Board review of mittee has taken a number of steps to already provide employment services the effects of the lowered S&T invest- ensure that these programs are well- for military spouses through the Na- ment on national security. I look for- managed and adequately funded. In ad- tional Emergency Grant fund under the ward to seeing the results of that re- dition to the National Academy study Department of Labor, but this fund has view. I am pleased that this bill has in- that I mentioned above, the Senate been severely strained. creased those funding levels by over Armed Services Committee has initi- This DOD grant program will provide $400 million. While I understand the ated a Defense Science Board, DSB, re- assistance to spouses who have lost need to focus efforts on current events view of the position of the Director of their job to accommodate a service- and operational issues—we cannot do it Defense Research and Engineering. member’s permanent change in duty at the expense of sacrificing the re- This position also serves as the Chief station. It will also assist spouses who search base that shapes the military of Technology Officer of DOD, and the have experienced a reduction in family the future. head of all science and technology pro- income due to a servicemember’s de- Of particular concern to me are the grams. The committee has been con- ployment, disability, death or the acti- trends in funding of DOD’s premier re- cerned that the position does not have vation of a National Guardsman or Re- search agency. DARPA has been the adequate authority to advocate for servist. engine of defense innovation for nearly S&T budgets or ensure that Services 50 years—spawning innovations such as and DARPA programs are well-coordi- Helping our military families cope the Internet, unmanned air vehicles, nated into a broader defense tech- with the disruption that comes with and stealth capability—a record of un- nology strategy. I understand that the deployment cycles and frequent moves matched technological accomplish- DSB should report out its findings is the least we can do, and I thank the ments of which we should all be proud. sometime later this year. managers for including my amend- However, I am concerned that in recent I hope the members of the Armed ment. years—despite tremendous overall Services Committee, and indeed the en- I have also cosponsored an amend- budgetary increases—DARPA has lost tire Senate, will consider carefully the ment with Senator LANDRIEU that will some of its unique, innovative char- findings of these expert, independent allow up to $10 million under Title VI, acter and is no longer funding the studies and reports. At a time when we the Defense Health Program, to be used ‘‘blue sky’’ research for which it is fa- are so dependent on technologies to for mental health screenings for mem- mous. combat IEDs, treat battlefield injuries, bers of the Armed Forces. Concern over DOD’s, and especially and defend our homeland, we should Mental health experts predict that DARPA’s support for early stage re- make sure that DOD’s science and because of the intensity of warfare in search has come from a number of dis- technology organizations—especially Iraq and Afghanistan 15 percent or tinguished scientific circles. The Na- DARPA—are adequately funded, well more of the servicemembers returning tional Academy of Sciences, in a recent managed, and investing in the develop- from these conflicts will develop post- report requested by the Senate Armed ment of capabilities for the battlefields traumatic stress disorder, PTSD. This Services Committee, recommended of both today and tomorrow. nearly equals the PTSD rate for Viet- that ‘‘DOD should redress the imbal- I look forward to working with the nam War veterans, and the Veterans ance between its current basic research committee to look closely at DARPA Affairs’ National Center for Post Trau- allocation’’ and its needs to support and the entire DOD S&T program. Al- matic Stress Disorder estimates rates new technology areas, new researchers, though we should be clearly focused on of PTSD could reach as high as 30 per- and especially more unfettered or long- the issues our troops are facing here at cent. term research. home, in Iraq, Afghanistan and else- President Bush’s own Information where, we cannot afford to lose sight of Additionally, concussions both small Technology Advisory Committee, the important role that scientific re- and large can cause what is known as PITAC, recently noted that DARPA search plays in developing the military Traumatic Brain Injury, or TBI. While had decreased funding in the critical of the future. there are no service-wide figures avail- area of cybersecurity research, stating, Mr. President, I look forward to able on how many troops are affected ‘‘. . . very little, if any, of DARPA’s working with my colleagues in the by TBIs, doctors at Walter Reed found substantial cybersecurity R&D invest- Armed Services committee and in the that 67 percent of the casualties they ment was directed towards funda- Senate as well as the House on the treated in a 6-month period had brain mental research.’’ They also noted a issues that I have discussed today. injuries. This is far higher than the 20 ‘‘shift in DARPA’s portfolio towards Mr. SALAZAR. Mr. President, I rise percent figure that military doctors classified and short-term research and to support the Defense authorization documented in Vietnam and other development and away from its tradi- bill for the 2006 fiscal year, and to com- modern wars. Because of the number of tional support of unclassified longer- ment on several amendments to the soldiers affected by TBIs they are being term R&D.’’ bill that build on the good work of the called the ‘‘signature injury’’ of the The Defense Science Board has also Armed Services Committee under the war. raised concerns over DARPA’s funding leadership of Chairman WARNER and Rates of TBI in Iraq and Afghanistan of computer science, stating that Ranking Member LEVIN. are high because of soldiers’ frequent DARPA has further limited university I am pleased that this bill includes exposure to improvised explosive de- participation in its computer science an amendment I offered to create a vices. Thanks to dramatic improve- programs. These limitations have aris- grant program for employment services ments to body armor and vehicle armor en in a number of ways, including non- provided to the spouses of certain in recent years, these explosions, fiscal limitations, such as the classi- members of the Armed Forces. Many of thankfully, often do not kill a soldier. fication of work in areas that were pre- our men and women in uniform change But the blast jars their brain, often viously unclassified, precluding univer- duty stations every 2 to 5 years, wreak- causing bruising or permanent damage. sity submission as prime contractors ing havoc on their spouses’ careers. Ad- Studies of veterans who suffered TBIs

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.031 S15NOPT1 S12808 CONGRESSIONAL RECORD — SENATE November 15, 2005 in previous wars indicate that they ex- My amendment would express the eliminate the SBP–DIC offset and re- perience cognitive deficits in social be- sense of the Senate that the adminis- duce the retirement age for those in havior, reasoning, attention, and plan- tration should ask for full funding of the Reserve component. ning that need effective diagnosis and this program in their next supple- One of the key policy debates that rehabilitation. mental budget request. I appreciate the took place during the Senate’s consid- Without more mental health managers’ support for my efforts to eration of this bill involved our Na- screenings, too many of these injuries send a strong signal to the Pentagon tion’s Iraq policy. For months, I have will continue to go undiagnosed. This about this important priority. been calling on the President to pro- amendment will help to diagnose sol- Another amendment, which I cospon- vide a flexible, public timetable for diers earlier, and improve their long- sored, will resolve the last remaining completing our mission in Iraq and for term quality of life. I am pleased that obstacle to the creation of the Rocky withdrawing our troops once that mis- it has been included in the bill. Flats National Wildlife Refuge. The sion is complete. I am not calling for a This bill also includes an amendment amendment authorizes the Department rigid timetable I mean one that is tied I authored to allow the Office of Spe- of Energy to spend up to $10 million to to clear and achievable benchmarks, cial Events within the Department of acquire the mineral interests on four with estimated dates for meeting those Defense to provide more support to parcels of land within the tentative benchmarks. I worked with some of my paralympic competitions in the United boundaries of the refuge. These mineral distinguished Democratic colleagues in States. This is a matter of basic fair- interests would be acquired from will- the Senate to draft an amendment that ness. The Pentagon currently supports ing sellers. The Departments of Energy demanded just that, and I am pleased Olympic and other international and Interior agree that these four par- that 40 Members of the Senate agreed games. This amendment just makes it cels represent the areas which include that we need a flexible timetable for easier for the Pentagon to support such sand and gravel deposits of sufficient achieving our military mission in Iraq competitions and this is especially im- value that future mining is possible and withdrawing our troops. They rec- portant now, as so many of our seri- and which also include significant and ognize what increasing numbers of ously injured servicemembers are unique ecological values that should be military leaders and experts are say- working to rebuild their lives and find protected as part of the refuge. ing, that having such a timeline will new outlets for their drive and deter- This amendment also resolves the po- mination. help us defeat the insurgency. This bill also contains an amendment tential claims for natural resource Our servicemembers deserve to know I authored as a result of a letter I re- damages that might arise in the future what their military mission is and ceived from one of my constituents. He as a result of releases of hazardous sub- when they can expect to achieve it. is an Army specialist and is currently stances that have already been identi- And the American people deserve to deployed to Iraq. He wrote to me be- fied in the lengthy administrative know that we have a plan, tied to clear cause one of his friends was killed by record of the Rocky Flats cleanup. The benchmarks, for achieving our military an IED while sitting in the exposed State of Colorado trustees with respon- goals and redeploying our troops out of gunner’s seat of a Humvee. His letter sibility to pursue such claims, the Col- Iraq so we can focus on our most press- reads as follows: orado attorney general, the director of ing national security priority, defeat- Two days ago a good friend of mine was the Colorado Department of Natural ing the global terrorists who threaten killed in action when an Improvised Explo- Resources, and the director of the Colo- this country. I will keep fighting for a sive Device (IED) detonated next to his rado Department of Public Health and timeframe for our military mission and M1114 Humvee. He was sitting in the gunner the Environment, all agree that the ex- I am heartened by the fact that an in- seat and pulling rear security. I have seen penditure of $10 million to acquire creasing number of my Senate col- automated guns that can go on the top of these mineral interests is fair com- leagues agree with me, and with the these same Humvees. These guns are controlled from inside the vehicle. Why are pensation for the waiver of potential American people, on the need for such these guns not on every Humvee? I do not Natural Resource Damage claims. The a timeframe. have the time or the resources over here to release of hazardous materials not pre- I am pleased that the Senate passed check, but if you were to look into it I be- viously identified would not be waived my amendment to enhance and lieve you would be shocked at the percentage by this amendment, and the Depart- strengthen the transition services that of KIA’s that were sitting in the gunner’s ment of Energy would remain liable for are provided to our military personnel seat of Humvees since OIF 1 in 2003. All I do such releases, if any. by making a number of improvements know is that the four people that were inside As our brave men and women in uni- to the existing transition and post-de- the vehicle were physically unharmed. If the answer is money, then I would really like to form continue to perform so admirably ployment/pre-discharge health assess- know how much my friend’s life was worth. in tremendously difficult conditions, ment programs. My amendment will Since receiving that letter I have and as their families continue to make ensure that members of the National been in close contact with the Pen- their own sacrifices, it is vitally impor- Guard and Reserve who have been on tagon about the technology this young tant that the Senate has finally acted active duty continuously for at least specialist is referring to. The Common on this bill. I am committed to con- 180 days are able to participate in tran- Remotely Operated Weapons Station, tinuing to work with my colleagues on sition programs and requires that addi- known as CROWS, can move our sol- both sides of the aisle to give our tional information be included in these diers out of the exposed gunner’s seat troops the support that they deserve. transition programs, such as details and inside the protective shell of an up- Mr. FEINGOLD. Mr. President, I am about employment and reemployment armored Humvee. pleased that the Senate was finally rights and a description of the health In a CROWS-equipped vehicle, the able to debate and pass the Defense au- care and other benefits to which per- gunner controls a powerful weapons thorization bill. It was inexcusable sonnel may be entitled through the platform through a computer screen. that this bill that is so critical to our VA. The amendment also requires that The system can be mounted on a vari- men and women in uniform was al- demobilizing military personnel have ety of platforms, and it gives a solder lowed to languish for over half a year. access to follow-up care for physical or the capability to acquire and engage Vital defense policies are set every psychological conditions incurred as a targets while protected inside the vehi- year in the authorization bill, includ- result of their service. In addition, the cle, out of range of enemy fire or IED ing policies with a direct impact on amendment requires that assistance be attacks. military families such as pay and bene- provided to eligible military personnel Right now we have a few of these sys- fits. I am very pleased that we were to enroll in the VA health care system. tems deployed in Iraq, and I am told able to include a 3.1 percent pay raise I thank the chairman and the Ranking that our soldiers ‘‘hot seat’’ them, for all of our men and women in uni- Member for their assistance on this im- which means that when one of these form and am proud of the Senate’s portant issue. Humvees comes back from a patrol or strong bipartisan efforts to make This bill also contains a provision I an escort mission, another group of sol- TRICARE available for the Guard and authored establishing the Civilian Lin- diers takes the vehicle out again as Reserve. I was pleased to support these guist Reserve Corps, CLRC, pilot soon as they can gas it up. efforts and the successful efforts to project. It became abundantly clear

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.060 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12809 after the attacks of September 11, 2001, geant’s frustration and the frustration report the costs associated with the that the U.S. Government had a dearth experienced by others who have been sustainment and modernization of key of critical language skills. The 9/11 put under stop-loss orders stems from equipment, and identify these funds in Commission report documented the the fact that many don’t know that the the Future Years Defense Program. Fi- disastrous consequences of this defi- military can keep them beyond their nally, if the Department chooses to ciency that, unfortunately, we still contractual date of separation. They delay or not fully fund their plan, it have not made enough progress in ad- may find out about this policy only must describe the risks involved and dressing 4 years after the 9/11 tragedy. shortly before they are deployed to a the steps it is taking to mitigate those CLRC is designed to address the Gov- war zone, as was the case with my con- risks. ernment’s critical language shortfall stituent. This situation is simply unac- Although I am voting for the Depart- by creating a pool of people with ad- ceptable. ment of Defense authorization bill, I vanced language skills that the Federal The sergeant who shared his story am disappointed with the mixed mes- Government could call on to assist with me was killed in Iraq only days sages that the Senate continues to when needed. The National Security after he wrote his letter. With thou- send to the administration and the Education Program completed a feasi- sands of soldiers still on stop-loss, I am country on issues related to the detain- bility study of CLRC and concluded certain that similar tragic stories have ees held at Guantanamo Bay. Even as that the concept was sound and ‘‘an played out many times over the last the Senate passed the important important step in addressing both few years. The very least we owe those McCain amendment on torture, the short- and long-term shortfalls related who volunteer to serve our Nation is Senate also included in this bill the to language assets in the national secu- full disclosure of the terms under Graham amendment, which even as rity community.’’ It also recommended which they are volunteering. My modified would still eliminate habeas that a 3-year pilot project be conducted amendment includes a finding that review for detainees at Guantanamo to work out any potential problems. states exactly that. I hope that, by Bay. The modification worked out by My amendment establishes this pilot pushing the Department to report on Senators GRAHAM and LEVIN would pro- project. I want to thank the managers the actions it is taken to ensure that vide detainees with only limited review of the bill for working with me to in- potential recruits know the terms of in the DC Circuit of the procedures for clude this worthwhile measure and their service, the Department will take determining whether they are enemy thank Senator COLEMAN for cospon- quick action to do just that. One good combatants and the procedures the soring my amendment. place for it to start would be to revise military commissions used to try I also want to thank the bill man- DOD Form 4/1, Enlistment/Reenlist- them. This is an improvement over the agers for continuing to work with me ment Document, the service contract original amendment offered by Senator in assisting the families of injured new enlistees and reenlistees must sign GRAHAM, but it would not allow a court servicemembers. I was pleased that to join the military. Form 4/1 does not to review any claim that an individual Congress included my amendment on currently include information that detainee is not, in fact, an enemy com- travel benefits for the family of injured tells those joining the active compo- batant. I was very disappointed that servicemembers in the Emergency Sup- nent that they may be kept on stop- this became part of this bill, although plemental Appropriations Act for De- loss during partial mobilizations. The I am pleased with the amendment’s ban fense, the Global War on Terror, and Department must immediately fix this on the use of evidence obtained by Tsunami Relief of 2005, P.L. 109–13. My flaw and take other steps to clearly undue coercion. It is troubling that amendment corrected a flaw in the law communicate to our men and women in after 4 years of congressional acquies- that unintentionally restricted the uniform the terms under which they cence to the administration on this number of families of injured service- are volunteering to serve. issue, it took a Supreme Court decision members that qualify for travel assist- Congress has a crucial role in defense allowing habeas review for the Senate ance. Too many families were being de- oversight and I am disappointed that to take action. It is good that the Sen- nied help in visiting their injured loved the Senate has again failed to adopt ate is finally paying attention to this ones because the Army had not offi- Senator DORGAN’s amendment that issue, but this amendment is the wrong cially listed them as ‘‘seriously in- would have created a Truman Com- result. It sends the wrong message jured,’’ even though these men and mittee to oversee our efforts in Iraq. about this country’s commitment to women have been evacuated out of the This measure was a commonsense way basic fundamental fairness and the rule combat zone to the United States for to assure that we carry out our policies of law. treatment. The change in the law now in the most effect way possible and ensures that families of injured serv- not, as now, waste millions if not bil- I must also note with some dis- icemembers evacuated to a U.S. hos- lions of taxpayer dollars. After all, our appointment that this bill continues pital get at least one trip paid for so shared goal is to get needed resources the wasteful trend of spending billions that these families can quickly reunite to our troops and rebuilding efforts not of dollars on Cold War era weapons sys- and begin recovering from the trauma to profiteers. tems while at the same time not fully they have experienced. I introduced my One measure the Senate adopted that funding the needs of the military per- amendment to this bill because the should assist in our oversight respon- sonnel fighting our current wars. I family travel provision in P.L. 109–13 sibilities is my amendment requiring think the Senate missed some opportu- was sunset at the end of the 2005 fiscal DOD to report on how it will address nities when it rejected amendments year by the conferees. I thank the Sen- deficiencies related to key military that could have made the bill better. ate for adopting my amendment that equipment. According to a recent GAO However, on balance this legislation will make the provision permanent. report, DOD has not done a good job in contains many good provisions for our The Senate also adopted an amend- replacing equipment that is being rap- men and women in uniform and their ment I authored requiring the Depart- idly worn out due to the military’s families and that is why I support it. ment of Defense to report on the steps high operational tempo or even track- Mr. KERRY. Mr. President, I want to it is taking to clearly communicate ing its equipment needs. Military read- speak in support of the important the stop-loss policy to potential enlist- iness has suffered as a result. My amendment on Iraq offered by my col- ees and re-enlistees. One of my con- amendment requires DOD to submit a league Senator LEVIN. I am pleased to stituents, a sergeant in the Army, report in conjunction with the Presi- have worked with many of my Demo- wrote to me earlier this year articu- dent’s annual budget request that de- cratic colleagues on this amendment lating his frustration with the Army’s tails DOD’s program strategies and and to be an original cosponsor. stop-loss policy. He had been scheduled funding plans to ensure that DOD’s Mr. President, 2006 will be the pivotal to be released from service prior to his budget decisions address these equip- year in determining whether we can unit’s deployment to Iraq but the stop- ment deficiencies. Specifically, the De- successfully complete our mission in loss order kept him in uniform making partment must detail its plans to sus- Iraq and bring our troops home in a him feel that his service was com- tain and modernize key equipment sys- reasonable amount of time. As we pletely unappreciated. Part of this ser- tems until they are retired or replaced, enter this make or break period, the

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.058 S15NOPT1 S12810 CONGRESSIONAL RECORD — SENATE November 15, 2005 administration must finally adopt a re- definitely, which will send an impor- NOT VOTING—2 alistic, clear, and comprehensive strat- tant message about our intentions Alexander Corzine egy. while reducing the sense of U.S. occu- The bill (S. 1042), as amended, was This Democratic amendment lays out pation. The second is the requirement passed. many of the principles that should that the administration provide a re- (The bill will be printed in a future guide that strategy, including using all port to Congress that includes esti- edition of the RECORD.) of our diplomatic, military, political mated dates for the redeployment of Mr. WARNER. Mr. President, I move and economic leverage to defeat the in- U.S. troops as specific conditions are to reconsider. surgency, getting greater international met, which is necessary to keep Con- Mr. LEVIN. I move to lay that mo- support for the reconstruction effort, gress and the American public in- tion on the table. strengthening the capacity of Iraq’s formed about our progress towards the The motion to lay on the table was governing ministries, and training ultimate goal of finishing our mission agreed to. Iraqi security forces. And it requires and getting our troops home. These Mr. WARNER. Mr. President, I ask the administration to regularly report provisions are an essential part of a unanimous consent that S. 1042, as back to Congress and the American real strategy for success in Iraq. We amended, be printed as passed. public on the status of implementing owe our troops and the country noth- The PRESIDING OFFICER. Without the measures necessary to complete ing less. objection, it is so ordered. the mission. The PRESIDING OFFICER. The Mr. WARNER. Mr. President, I now As we know from painful experience, question is on the engrossment and ask further unanimous consent that no President can sustain a war without third reading of the bill. the Senate proceed immediately to the the support of the American people. In The bill was ordered to be engrossed consideration en bloc of S. 1043 through the case of Iraq, their patience is for a third reading and was read the S. 1045, Calendar Orders Nos. 103, 104, frayed nearly to the breaking point be- third time. and 105; that all after the enacting cause Americans who care deeply about The PRESIDING OFFICER. The clause of those bills be stricken, and their country will not tolerate our question is on the passage of the bill, the appropriate portions of S. 1042, as troops giving their lives without a as amended. amended, be inserted in lieu thereof ac- clear strategy, and will not tolerate Mr. WARNER. I ask for the yeas and cording to the schedule which I am vague platitudes when real answers are nays. sending to the desk; that these bills be needed. The Democratic amendment address- The PRESIDING OFFICER. Is there a advanced to third reading and passed; es that by calling on the administra- sufficient second? that the motions to reconsider en bloc tion to give Congress and the American There appears to be a sufficient sec- be laid upon the table; and that the public a target schedule for achieving ond. above actions occur without inter- the conditions that will allow for the The clerk will call the roll. vening action or debate. phased redeployment of U.S. troops, The legislative clerk called the roll. The PRESIDING OFFICER. Is there objection? The Chair hears none, and it the status of efforts meet that sched- Mr. MCCONNELL. The following Sen- is so ordered. ule, and the estimated dates for such ator was necessarily absent: the Sen- redeployment. ator from Tennessee (Mr. ALEXANDER). f Let’s be very clear on this point: the Further, if present and voting, the DEPARTMENT OF DEFENSE AU- Democratic amendment does not call Senator from Tennessee (Mr. ALEX- THORIZATION ACT FOR FISCAL for setting any arbitrary deadlines for ANDER) would have voted ‘‘yea.’’ YEAR 2006 withdrawal of U.S. troops. It envisions Mr. DURBIN. I announce that the The bill (S. 1043) to authorize appro- redeployment of U.S. forces as condi- Senator from New Jersey (Mr. CORZINE) tions allow. But it rejects the adminis- priations for fiscal year 2006 for mili- is necessarily absent. tary activities of the Department of tration’s hollow, vague declaration to The PRESIDING OFFICER. Are there just ‘‘stay as long as it takes’’ by call- Defense, to prescribe personnel any other Senators in the Chamber de- strengths for such fiscal year for the ing on the administration to give tar- siring to vote? get dates and regular updates on reach- Armed Forces, and for other purposes, The result was announced—yeas 98, ing those conditions. was considered, ordered to be engrossed nays 0, as follows: For far too long, Congress and the for a third reading, read the third time, American public have been left in the [Rollcall Vote No. 326 Leg.] and passed, as amended. dark when it comes to Iraq. We have YEAS—98 (The text of the bill will be printed in repeatedly been asked by the adminis- Akaka Domenici McCain a future edition of the RECORD.) tration to take their word that they Allard Dorgan McConnell f have a strategy for success, without Allen Durbin Mikulski Baucus Ensign Murkowski MILITARY CONSTRUCTION AU- being given any sense of what that is Bayh Enzi Murray THORIZATION ACT FOR FISCAL or when our troops will be home. It is Bennett Feingold Nelson (FL) YEAR 2006 past time for Congress and the Amer- Biden Feinstein Nelson (NE) Bingaman Frist Obama The bill (S. 1044) to authorize appro- ican people to be fully informed about Bond Graham Pryor priations for fiscal year 2006 for mili- what our strategy is, the progress that Boxer Grassley Reed is being made in implementing it, and Brownback Gregg Reid tary construction, and for other pur- Bunning Hagel when we might expect to see our troops Roberts poses, was considered, ordered to be en- Burns Harkin Rockefeller redeployed. That is what the Levin Burr Hatch grossed for a third reading, read the Salazar Byrd Hutchison third time, and passed, as amended. amendment will do. Santorum Cantwell Inhofe While the Democratic amendment Sarbanes (The text of the bill will be printed in Carper Inouye a future edition of the RECORD.) and the Republican amendment offered Chafee Isakson Schumer by Senators WARNER and FRIST are a Chambliss Jeffords Sessions f wakeup call to the Bush administra- Clinton Johnson Shelby Smith tion that there is an overwhelming bi- Coburn Kennedy DEPARTMENT OF ENERGY NA- Cochran Kerry Snowe TIONAL SECURITY ACT FOR FIS- partisan majority with deep concerns Coleman Kohl Specter about the administration’s aimless Collins Kyl Stabenow CAL YEAR 2006 course in Iraq, I will not support the Conrad Landrieu Stevens The bill (S. 1045) to authorize appro- Cornyn Lautenberg Sununu Warner-Frist amendment because it Craig Leahy Talent priations for fiscal year 2006 for defense stripped out two of the key provisions Crapo Levin Thomas activities of the Department of Energy, of the Democratic amendment. The Dayton Lieberman Thune and for other purposes, was considered, first is the sense of the Senate that DeMint Lincoln Vitter ordered to be engrossed for a third DeWine Lott Voinovich America should let the Iraqi people Dodd Lugar Warner reading, read the third time, and know that we will not stay in Iraq in- Dole Martinez Wyden passed, as amended.

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.063 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12811 (The text of the bill will be printed in Department of Defense at our request budget request for 2006 and related de- a future edition of the RECORD.) to come over to be our chief of staff, re- fense issues. Since the committee re- f placing a very fine person, Judy ported out this important legislation Ansley, who went on up to the National on May 12, the Senate has debated NATIONAL DEFENSE AUTHORIZA- Security Council, and our Democratic many important provisions contained TION ACT FOR FISCAL YEAR 2006 staff director, Rick DeBobes, who has in this legislation. Along the way, Mr. WARNER. Mr. President, with been with us many years. Together there have been many contentious respect to H.R. 1815, the House-passed they have led a dedicated professional issues to resolve, such as detainee pol- version of the National Defense Au- staff, all of whom deserve credit and icy, missile defense, BRAC, and many thorization Act for fiscal year 2006, I recognition in helping Members reach others. ask unanimous consent that the Com- agreements and to prepare all types of After a total of 12 days of debate on mittee on Armed Services be dis- information needed by the Members, the Senate floor, we have now resolved charged from any further consideration and I may say to give good, sound ad- them. I am proud we have achieved our of the bill; that the Senate proceed to vice. I have always encouraged that of goal of passing this important bill. its immediate consideration; that all our staff. They are not just to be there This marks the 46th year the Senate after the enacting clause be stricken to be ‘‘yessayers’’ or naysayers. They has passed a national defense author- and the text of S. 1042, as amended, be are to give us their best advice, and ization bill. I thank particularly my substituted in lieu thereof, and that that they do. ranking member and my colleagues for the bill be advanced to third reading Accordingly, I ask unanimous con- their support. and passed; that the Senate insist on sent that the names of both the major- The PRESIDING OFFICER. The Sen- its amendment to the bill and request ity and minority staff be printed in the ator from Michigan. a conference with the House on the dis- RECORD. Mr. LEVIN. Mr. President, we would agreeing votes of the two Houses, and There being no objection, the mate- not be at this point in our delibera- the Chair be authorized to appoint con- rial was ordered to be printed in the tions, we could not have arrived at this ferees; that the motion to reconsider RECORD, as follows: point on the road without our chair- the above-mentioned votes be laid upon COMMITTEE ON ARMED SERVICES STAFF man, Senator John Warner, who is not the table; and that the foregoing occur Charles S. Abell, Staff Director; Richard D. only a person who is eminently fair—he without intervening action or debate. DeBobes, Democratic Staff Director; June M. is invariably that, fair—he is The PRESIDING OFFICER. Is there Borawski, Printing and Documents Clerk; unflappable. Despite his passion for the objection? The Chair hears none, and it Leah C. Brewer, Nominations and Hearings men and women of the military, he is is so ordered. Clerk; William M. Caniano, Professional unflappable when it comes to getting The bill (H.R. 1815), as amended, was Staff Member; Jonathan D. Clark, Minority things done in a very calm, delibera- Counsel; Fletcher L. Cork, Receptionist; read the third time and passed. Christine E. Cowart, Administrative Assist- tive, and bipartisan manner. I am Mr. WARNER. I ask unanimous con- ant to the Minority; Daniel J. Cox, Jr., Pro- proud to serve in this Senate for many sent with respect to S. 1042, S. 1043, S. fessional Staff Member; Madelyn R. Creedon, reasons but not the least of them is 1044, and S. 1045, as just passed by the Minority Counsel; Marie Fabrizio Dickinson, being able to be a friend and colleague Senate, that if the Senate receives a Chief Clerk; Regina A. Dubey, Professional of John Warner of Virginia, truly a message with respect to any of these Staff Member; Gabriella Eisen, Research As- gentleman. bills from the House of Representa- sistant; Evelyn N. Farkas, Professional Staff Our staff, as he has pointed out, has tives, the Senate disagree with the Member; Richard W. Fieldhouse, Profes- made it possible for us to be here as sional Staff Member; Creighton Greene, Pro- House on its amendment or amend- fessional Staff Member; William C. well. We function on a bipartisan basis. ments to the Senate-passed bill and Greenwalt, Professional Staff Member; We obviously have disagreements at agree to or request a conference as ap- Micah H. Harris, Staff Assistant; Bridget W. times. We are always able to work propriate with the House on the dis- Higgins, Research Assistant; Ambrose R. those out in an agreeable way or disagreeing votes of the two Houses; that Hock, Professional Staff Member; Gary. J. agree in an agreeable way. We have the Chair be authorized to appoint con- Howard, Systems Administrator; Gregory T. been able to bring the bill to the floor ferees, and that the foregoing occur Kiley, Professional Staff Member; Jessica L. again with the help of our bipartisan without intervening action or debate. Kingston, Staff Assistant; Michael J. staff. We are glad Charlie Abell is back Kuiken, Professional Staff Member. The PRESIDING OFFICER. Without Gerald J. Leeling, Minority Counsel; Peter on our side of the Potomac again where objection, it is so ordered. K. Levine, Minority Counsel; Sandra E. Luff, he belongs. Dick DeBobes, as the chair- Mr. WARNER. Now, Mr. President, Professional Staff Member; Thomas L. Mac- man pointed out, leads our minority the Chair was about to announce the Kenzie, Professional Staff Member; Derek J. staff with distinction. I probably conferees. Maurer, Professional Staff Member; Michael should not single out any other mem- The PRESIDING OFFICER appointed J. McCord, Professional Staff Member; ber of our staff, but I want to mention Mr. WARNER, Mr. MCCAIN, Mr. INHOFE, Elaine A. McCusker, Professional Staff Mem- Peter Levine because of the unusual ber; William G. P. Monahan, Minority Coun- Mr. ROBERTS, Mr. SESSIONS, Ms. COL- sel; David M. Morriss, Counsel; Lucian L. circumstance we found ourselves in LINS, Mr. ENSIGN, Mr. TALENT, Mr. Niemeyer, Professional Staff Member; Stan- where his particular expertise made it CHAMBLISS, Mr. GRAHAM, Mrs. DOLE, ley R. O’Connor, Jr., Professional Staff Mem- possible for us to resolve this issue rel- Mr. CORNYN, Mr. THUNE, Mr. LEVIN, Mr. ber; Cindy Pearson, Assistant Chief Clerk ative to detainees. It is most needed KENNEDY, Mr. BYRD, Mr. LIEBERMAN, and Security Manager; Paula J. Philbin, Pro- and appreciated by all of us. Mr. REED, Mr. AKAKA, Mr. NELSON of fessional Staff Member; Benjamin L. Rubin, I think I can speak for both Senator Florida, Mr. NELSON of Nebraska, Mr. Staff Assistant; Lynn F. Rusten, Profes- WARNER and myself when I say that DAYTON, Mr. BAYH, and Mrs. CLINTON as sional Staff Member; Catherine E. Sendak, our staffs not only work together, as Special Assistant; Arun A. Seraphin, Profes- conferees on the part of the Senate. Senator WARNER has indicated, but sional Staff Member; Jill L. Simodejka, Staff Mr. WARNER. Mr. President, time is Assistant; Robert M. Soofer, Professional make it possible for us to reach the short. We are about to go to our respec- Staff Member; Scott W. Stucky, General point where we are. tive caucuses, but I say to my col- Counsel; Kristine L. Svinicki, Professional I wanted to add my thanks, and now leagues that I wish to express my pro- Staff Member; Diana G. Tabler, Professional on to conference, which is always fun. found appreciation first and foremost Staff Member; Richard F. Walsh, Counsel; We have had more bumps on the road to my distinguished friend and col- Pendred K. Wilson, Staff Assistant. this year than I can remember in any league of 27 years; we have been to- Mr. WARNER. Mr. President, as we prior year for an authorization bill. We gether in this Chamber, working to- stand in this great Chamber, I marvel were on the floor, off the floor, on the ward the passage of authorization bills at the work conducted by the Armed floor, off the floor for various reasons in each and every one of those 27 years. Services Committee since the begin- which we don’t need to recount. Hope- I thank my friend. ning of the 109th Congress. The com- fully, the road ahead of us will be I thank the distinguished members of mittee has conducted 46 hearings and smoother and we can come out of con- our staff, and I do use the word ‘‘distin- received numerous policy and oper- ference, I guess now would be early in guished’’: Charlie Abell, who left the ational briefings on the President’s the next year.

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.027 S15NOPT1 S12812 CONGRESSIONAL RECORD — SENATE November 15, 2005 Mr. WARNER. Mr. President, we ator COBURN. I further ask that fol- In the Senate, the subcommittee that won’t make any predictions. We will lowing the use or yielding back of time I chair is called the Commerce, Jus- get started and do our best. I thank my and at a time to be determined by the tice, Science and Related Agencies, good friend and look forward to work- majority leader in consultation with CJS, Appropriations Subcommittee. ing with him again next year. We have the Democratic leader, the Senate pro- The Senate CJS Subcommittee no truly formed a unique partnership, the ceed to a vote on the adoption of the longer has jurisdiction over the oper- two of us together. I thank so many conference report, with no intervening ations budget of the State Department, Senators who recognize that he and I action or debate. which has been merged with the For- have a trusting partnership and re- The PRESIDING OFFICER. Without eign Operations Subcommittee. Under solved a lot of problems that otherwise objection, it is so ordered. a previous arrangement, however, the could prove contentious and maybe not f State Department is being considered had a resolution. So to the next year. under the House framework, therefore I must say, I have consulted with the RECESS the bill before the Senate is the Senator from Michigan. Both of us Mr. WARNER. Mr. President, we will Science, State, Justice and Commerce have great concern about the IED prob- now go to the standing order. Appropriations conference report. lem. We are going to have one more The PRESIDING OFFICER. Under The bill that we are considering hearing, in all probability a closed the previous order, following the vote today provides a total of $61.8 billion in hearing, on this subject, listening to on passage of S. 1042, the Senate stands budget authority to agencies under the some viewpoints in the private sector. in recess until 2:30 p.m. bill’s jurisdiction, including the State We regularly meet with those in the Thereupon, the Senate, at 1:22 p.m., Department. For those agencies under Department of Defense who have the recessed until 2:29 p.m. and reassem- the Senate subcommittee’s jurisdic- primary jurisdiction over this problem. bled when called to order by the Pre- tion—the Departments of Commerce This is one issue on which I am gravely siding Officer (Mr. VOINOVICH). and Justice, NASA, NSF, and others— concerned and over which I lose sleep f approximately $52.2 billion in budget at night, as I am sure all of us do, authority is provided. DEPARTMENTS OF COMMERCE about the frightful weaponry the insur- The bill includes an increase of just AND JUSTICE, SCIENCE, AND RE- gents are employing and how best we over $1 billion above the budget request LATED AGENCIES FOR FISCAL can put the entire country to work to for the Department of Justice. The YEAR 2006—CONFERENCE REPORT resolve this problem. bulk of this increase is due to the res- I thank my good friend. The PRESIDING OFFICER. The Sen- toration of many of the proposed cuts Mr. LEVIN. Mr. President, if I may ate will proceed to the consideration of to State and local law enforcement very briefly respond. the conference report to accompany grant programs. The PRESIDING OFFICER. The Sen- H.R. 2862, which the clerk will report. The bill provides $6.5 million for the ator from Michigan. The legislative clerk read as follows: Department of Commerce. Several pro- Mr. LEVIN. Mr. President, I com- The committee of conference on the dis- grams within the Department of Com- mend our chairman for the initiative agreeing votes of the two Houses on the merce were proposed for termination in which he has shown on the IED issue. amendments of the Senate to the bill (H.R. the President’s fiscal year 2006 budget. We had a hearing a few weeks ago on 2862) making appropriations for Science, the This bill restores funding for these pro- this issue which was one of the most Departments of State, Justice, and Com- grams, among them the Economic De- merce, and related agencies for the fiscal fascinating and I think one of the most year ending September 30, 2006, and for other velopment Administration and the important hearings our committee has purposes, having met, have agreed that the Public Telecommunications Facilities, held, at least that I can remember, ex- House recede from its disagreement to the Planning and Construction grants. clusively on the IED issue. It was amendment of the Senate to the text, and The bill provides increases for NASA under the chairman’s leadership that agree to the same with an amendment, and to move forward with the vision the we did this. I think it was a significant the Senate agree to the same, that the Sen- President has proposed, while fulfilling hearing. ate recede from its amendment to the title of our commitments to important exist- This committee has been absolutely the bill, signed by a majority of conferees on ing programs. dedicated to doing everything we pos- the part of both Houses. At a time when there are so many de- sibly can in addressing this threat. We (The conference report was printed in mands being made on scarce Federal have done everything we know how to the House proceedings of November 7, dollars, difficult decisions had to be do, but we still have not solved the 2005.) made. We have tried to address the pri- problem. As the chairman mentioned, Mr. SHELBY. Mr. President, I would orities that so many of our colleagues we are looking for additional tech- like to begin by thanking Senator MI- brought to our attention. Though we nologies, additional ways in which this KULSKI, the distinguished ranking were able to accommodate many of our problem can be addressed. member of this subcommittee. The colleagues’ requests, we were obviously I did want to mention that hearing Senator from Maryland and I have not able to do everything everyone has because I thought it was unusually im- worked in a bipartisan manner to requested. portant. produce the bill that is now before the I believe that we endeavored to Mr. WARNER. Mr. President, I thank Senate. produce a bill that is bipartisan and my good friend; again, a partnership ef- I thank Chairman WOLF and Con- that, we feel, serves the need of this fort to achieve that. gressman MOLLOHAN. They have country and we were successful. f worked with us to resolve some consid- I yield to Senator MIKULSKI, my es- erable differences in our two bills, and teemed ranking member, for her state- UNANIMOUS CONSENT I commend them for their efforts. ment. AGREEMENT—H.R. 2862 Finally, I thank Chairman COCHRAN, Ms. MIKULSKI. Mr. President, Sen- Mr. WARNER. Mr. President, on be- the chairman of the full Appropriations ator SHELBY and I have worked on a bi- half of the distinguished majority lead- Committee. partisan basis to bring this bill back to er, I ask unanimous consent that at The bill before us today is the con- the floor as a conference report. We are 2:30 p.m. today, the Senate proceed to ference report for H.R. 2862, the in agreement with the principles of the the consideration of the conference re- Science, State, Justice and Commerce bill so we are able to bring the bill for- port to accompany H.R. 2862, the appropriations bill. Overall, this is a ward. On our side, we estimate that we Science-State-Justice appropriations very good bill. Make no mistake, this have three other speakers. We note the bill. I further ask that there be 75 min- was a lean year, a very lean year. The Senator from Minnesota is in the utes of debate, with 221⁄2 minutes under subcommittee’s 302(b) allocation did Chamber and he wishes to speak. There the control of Senator SHELBY, 371⁄2 not account for several sizeable pro- are two others whom we expect to minutes under the control of the grams which were proposed for termi- speak. Democratic leader or his designee, and nation in the administration’s budget, This is a new subcommittee. The VA– 15 minutes under the control of Sen- which this subcommittee restored. HUD Subcommittee on Appropriations

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.028 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12813 was dismantled and farmed out to dif- the way we work, we have helped bring nologies and new breakthroughs that ferent subcommittees, so some parts about family unification. create jobs. At the same time it creates came to the Commerce Committee and At the same time, we have a new standards for new products coming to the Justice Committee, and now we menace sweeping our country and that the marketplace so they can file pat- call it the Science Committee. It has a is gangs. We have certainly seen an in- ents, they can be exported, and they fantastic jurisdiction. Its jurisdiction crease in my own home State. We are can meet the demands of the EU and is focused on saving lives and saving providing Federal funds for initiatives, the WTO. livelihoods. It is about investing in in- particularly focused in Montgomery In terms of our Federal labs, we want novation through science and tech- County and Prince George’s County. not only new ideas but also those ideas nology for our country’s future, and it Our way of fighting gangs is going to that protect America. So this year we is about looking out for our commu- follow a three-point strategy of sup- have increased funding for NOAA, the nities and justice system. pression, intervention, and prevention. National Oceanic and Atmospheric Ad- Despite a tough allocation, I believe We believe this bill will work with law ministration. Everybody knows NOAA; this bill, as completed, is fair and we enforcement in our communities and they are known for their weather re- have done the best we could. The Com- community support groups to do that. ports. We know them for their hurri- merce Department oversees many At the same time, we have substan- cane reports. We know them for their agencies, some of which are very im- tial funding to deal with the meth- tsunami alerts. NOAA generally saves portant Federal labs such as NOAA and amphetamine scourge that is sweeping lives and saves livelihoods. the National Institute of Standards. our country. Many of my colleagues The weather service has given us im- The Department of Justice is on the have spoken about that. portant forecasts and warnings so we front line. It funds the FBI, DEA, the While we are busy fighting criminals, can secure our property and get people Bureau of Alcohol, Tobacco and Fire- though, we also have to protect the out of harm’s way. Also, we made a arms, the U.S. Marshals Service, and judges as we bring those criminals to particular note that the conference the U.S. Attorneys. justice. We are all aware of the great prohibits the consolidation or reducing These are not just agencies; these are threat that often happens to our judges of hours of those weather forecast of- men and women who every single day as they try to do their duty. So we fices. For us coastal Senators, it sup- are trying to find those people who are have increased the funding for the Mar- ports our fisheries which are critical to often criminals in our country, those shals Service to capture fugitives and our economy. who have committed terrible acts of protect judges in our Federal court sys- While we are busy working on some arson. In my own home State, they de- tem. Just this past week, the marshals of the new ideas, such as at NASA and tected the sniper who held the capital captured a convicted murderer who es- the National Science Foundation, region at bay a few years ago. It is our caped from a prison in Texas. which I will talk about in a minute, I U.S. attorneys, America’s DAs, who are Where we had a tough fight was in want to talk about the issue of intel- prosecuting drug dealers, organized State and local law enforcement. The lectual property, as I have talked crime, and white-collar crime, and also President’s budget cut that by $1.4 bil- about NIST. In America, we often in- chairing the task forces on homeland lion. Working on a bipartisan basis, we vent great ideas. We win the Nobel security. did increase that budget by $1.1 billion, Prizes, but we have to win not only the The Justice Department tries to pro- but that left us $300 million down. I am Nobel Prizes, we have to win the mar- tect us from terrorists and protect our sorry that had to happen. We did the kets. When we go out there to win neighborhoods and our communities. It best we could, and I know others will those markets, we have to protect our also provides grants to State and local talk about it. intellectual property. It is as impor- law enforcement and helps fight gang We put a great deal of effort into tant as defending the homeland be- violence. This year, this bill provides making sure we have a national effort cause it is our jobs, our future, and our $21 billion to the Justice Department. that will be funded locally for the source of revenue. All around the That is $800 million more than last growing problem of methamphet- world, particularly in southeast Asia, year. The Justice Department accounts amine—and, gosh, how it is affecting they are trying to steal our ideas. Well, for almost 50 percent of the entire cost not only urban but rural communities we are not going to allow it. We have of our bill. The FBI, with tremendous is shocking—and also to fund counter- to make sure we fight it in our trade responsibility to fight both crime and terrorism and counterintelligence. agreements, we have to fight it in our to find terrorists, will receive $5.7 bil- These growing problems are facing us. trade enforcement, but we have to lion. This is a $500 million increase We did the best we could. begin at home to make sure we have a over last year. It will focus on things I know some of our colleagues will patent office that protects this intel- such as counterterrorism, in which we ask: Senator MIKULSKI, how did it all lectual property. We have increased then try to use this as a domestic agen- work out with the methamphetamine their funding 30 percent to reduce the cy to fight terrorists. in conference? When the bill left the backlog of over 500,000 patents. We also remember we have other ob- Senate, it was pretty good. Who knows what those patents are. It ligations, particularly for missing and I say to my colleagues on both sides could be the next generation of pace- exploited children. We are working of the aisle, we have provided a record maker. It could be the next generation very closely with the President of the amount of money, over $60 million, to of hybrid for an automobile or for a United States and our Attorney Gen- fight meth abuse. Meth abuse is one of truck. Most of all, it is going to be the eral to make sure we have a hotline our biggest problems and we hope this next generation that hopefully keeps and a way to identify those sexual is a significant downpayment in deal- jobs, and jobs in manufacturing, in the predators who have been released from ing with this problem. United States of America. prison who come back to our commu- While we are busy fighting crime, we So while we talk about labs, this is nities, and also to recover missing chil- also want to fight for America’s future. not some wonky legislation. We believe dren and to prevent abduction and sex- We believe we need to focus more on it is our ideas that are saving lives, ual exploitation, whether it is on the innovation. A country that does not in- saving property, and saving jobs. Internet or in our communities. They novate stagnates. We are worried that We do know we need to be on the cut- are doing a great job. we are losing ground in terms of our ting edge of science. We believe that Also, they have been used to identify ability to innovate. We believe one of cutting edge comes from the National those children who were missing after the ways to strengthen innovation is Science Foundation, which we have Katrina. So we not only look for the through our Federal laboratories. That funded at $5.6 billion, $180 million more kids on AMBER alert—as terrible and is why this year we have funded an in- than last year. The National Science as chilling as that could be—but after crease of $62 million at the National In- Foundation funds a lot. It funds our the hurricanes hit we could not find a stitute of Standards and Technology, basic research in chemistry, biology, lot of our children. Moms and dads put raising their appropriations to $761 and in physics. We all know about the their children on some of the last buses million. The NIST partners, working National Institutes of Health and sa- leaving Louisiana and now, thanks to with industry, develop new tech- lute them, but at the same time we

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.034 S15NOPT1 S12814 CONGRESSIONAL RECORD — SENATE November 15, 2005 need to know it is the NSF that is This is kind of a thumbnail sketch creased from over $8 million in 2000 to doing the basic science and also break- for our bill in the interest of time. $7.5 million last year. This year’s cut through science such as in There will be Senators who will be in this conference report will mean nanotechnology and in global warming. coming to speak on the bill. that Minnesota’s share of Byrne grant It also funds the post-doctorates and I will yield 10 minutes to the Senator funding will drop to less than $5 mil- the graduate school stipends so our from Minnesota, Mr. DAYTON. Later on lion next year, which is a 40-percent re- young people can go on to graduate in the afternoon I will yield 5 minutes duction from the year 2000. school. That is that next generation. to the Senator from North Dakota, Mr. In addition, the COPS grants in this Then, of course, near and dear to my DORGAN; to Senator OBAMA, from Illi- report are cut from $606 million to $416 heart is NASA. This year, we have pro- nois, for 5 minutes; and 5 minutes to million, another one-third reduction, vided $16.4 billion, $260 million over Senator SARBANES, my esteemed and with zero dollars provided for the hir- last year. I know many people are won- cherished colleague from Maryland. ing of new law enforcement officers, dering what is going to happen to the I now yield the floor to our excellent which was the program’s original goal. Hubble. Is the Hubble going to run out colleague from Minnesota, Senator Byrne grants and COPS are the two of steam? Will the Hubble stop discov- DAYTON, who, himself, has been an most important sources of Federal ering all that wonderful new science? enormous advocate for local law en- funds to boost police and sheriff forces Hang on. Hope and help is on the forcement and has been a real strong throughout our country, to increase way. We have increased the funding for voice for increasing funding for fight- the drug prevention programs or drug the Hubble budget to accommodate a ing the meth scourge. We are so sorry court interdictions. They are programs servicing mission into space to rescue it is going to be his last year with us, that keep our neighborhoods safer, our the Hubble. It will take new batteries. the great guy that he is. We know he communities safer, and our rural coun- It will take new operating and optical will do well. We certainly wish him ties safer. equipment. What we do need, though, well, and I look forward to hearing him Why do the administration and the is to make sure the shuttle makes two this afternoon. House want to drastically cut Federal more flights so it is safe for the astro- The PRESIDING OFFICER. The Sen- support from local law enforcement; to nauts to go up. We are helping our as- ator from Minnesota. cut funds from the brave men and tronauts. We are providing full funding Mr. DAYTON. I thank the distin- women who are on the frontlines for the Space Shuttle, the space sta- guished ranking member, the Senator against the forces of evil in our soci- tion, and the development of crew ex- from Maryland, for her kind words. I ety, who are risking their lives day and ploration vehicles. All science pro- commend her and the chairman of the night to defeat the evil predators who grams are funded at the President’s re- committee, Senator SHELBY, for their are destroying the lives of our citizens? quest. outstanding work on this conference Why? It is unconscionable, it is incom- We also have funded the Census Bu- report. I know it was under very dif- prehensible that the House and the ad- reau at $812 million, which allows the ficult circumstances. ministration are defunding local law census to move forward with the 2010 There are many good features to the enforcement. census. The census is America’s data- report, as the Senator has just de- Here we have an administration that base, and we need to keep it contem- scribed. Again, I thank her for her preaches national security but will not porary. leadership and her tenacious fighting fund it at home. It is an administration What I have just given sounds like an on behalf of these efforts, whether they that preaches the war against ter- accountant. I will submit a statement were successful or whether they were rorism but will not fund the war later on that will talk about what this not. against drug-dealing and drug-pushing means in terms of innovation. But Tragically, however, the House and terrorists on our streets and in our schools. How mistaken, how short- today Senator SHELBY wanted to brief the administration largely prevailed in our colleagues on the numbers and on this conference report in cutting fund- sighted, how wrong-directed could anyone be? the money. ing for the law enforcement programs Again, I thank the Senate’s chairman We think we have done a good job. to only 38 percent of the Senate’s posi- and ranking member for doing their What we have done is take our appro- tion. Senator CHAMBLISS from Georgia best against the administration, which priations allocation, put 50 percent of and I cosponsored a bipartisan amend- would like to eliminate these programs our money into protecting America ment to the Senate bill that passed the because they were the good ideas of the from terrorists, from crooks, from Senate unanimously, which increased previous administration and their al- thugs, and from the exploiters of chil- the Byrne grant funding from $900 mil- lies in the House. Congress should be lion for fiscal 2006. Yet the House and dren. At the same time, we have used providing more money, not less, but administration, in the conference, the other 50 percent to promote inno- more money to strengthen local law slashed that appropriations to $416.4 vation in science and technology and enforcement in their fight against or- million, which is a one-third reduction also to protect our intellectual prop- ganized crime, drug dealers, and other from fiscal year 2005. erty. We think we have done a very predators. For that reason, I regret- Byrne grants fund local law enforce- good job. fully cannot support this report. ment to combat the most urgent public I thank at this time my very good The citizens of America deserve bet- friend, Senator SHELBY. Senator SHEL- safety problems in their own commu- ter law enforcement and more Federal BY and I came to the House of Rep- nities. In my own State of Minnesota, support to make it possible—not the resentatives together and served with Byrne grant programs have provided lower, the cut position of the House the Energy and Commerce Committee. the critically important funds to fight and administration. We came to the Senate at the same the scourge of methamphetamine, I yield the floor. time. He is an excellent colleague to which is an illegal drug crisis in many The PRESIDING OFFICER. The Sen- work with. We share the same prior- States, as the distinguished ranking ator from Maryland is recognized for ities for this country. I want America member has outlined. She has been in up to 5 minutes. to know that we do work together, and the forefront in efforts to increase the Mr. SARBANES. Mr. President, first, when we work together we always do Federal funding to fight this catas- I commend both Senator SHELBY, the better. trophe that is afflicting our citizens, chairman of the subcommittee, and my I thank staffs who really function afflicting people of all ages—I am told colleague from Maryland, Senator MI- with collegiality and with great civil- by chiefs of police, those as young as KULSKI, the ranking member, for their ity. I thank the Shelby staff: Katherine 10, and senior citizens in their eighties, hard work in bringing this conference Hennessey, Art Cameron, Joe Long, from all parts of Minnesota and from report to the Senate this afternoon. I Christa Crawford, and Allan Cutler. all walks of life and backgrounds. do want to express my regret that this My own staff who worked so hard, I While the burdens on local police and report does not contain an important thank Paul Carliner, Gabrielle Batkin, sheriffs and other local law enforce- provision, to provide emergency hous- Alexa Sewell, and Kate Fitzpatrick for ment officials have been increasing, ing vouchers to victims of the recent all of the hard work they have done. Byrne grants to Minnesota have de- hurricanes.

VerDate Aug 31 2005 02:23 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.035 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12815 On September 14 of this year, the I am disappointed, very disappointed orities was to improve the quality of Senate unanimously approved an that this critical assistance is not in- environmental science used in public amendment to this bill to provide $3.5 cluded, and I hope that we can find policymaking by taking the politics billion in emergency spending to be some other way to provide the needed out of science. I have convened hear- used to ensure that any person dis- housing assistance to hurricane vic- ings on this subject and the specific placed as a result of the hurricanes tims. issue of global warming science. could receive a housing voucher. These Again, I commend my colleagues, I am a U.S. Senator and a former emergency housing vouchers would Senators SHELBY and MIKULSKI, for mayor and businessman. I am not a sci- have enabled displaced families to find their successful completion of this re- entist. But I do understand politics. and afford safe, decent, and stable port. I again underscore that this And the more I have delved into the housing. emergency housing voucher provision issue, the more convinced I have be- While FEMA and HUD are providing was included in the bill which passed come that science is being co-opted by some housing assistance to evacuees, it the Senate under the leadership of those who care more about peddling is clear from news reports, as well as Chairman SHELBY and Ranking Mem- fear of gloom and doom to further their from people in the affected areas, that ber MIKULSKI. I regret that they met own, broader agendas than they do the promises of housing assistance this resistance in conference and were about scientific integrity. from the Federal Government are fall- not able to include it in the final I am committed to shining a light on ing far short of what is necessary. Just version. It is the evacuees of the hurri- their activities. Global warming alarm- in the past week, there have been arti- canes who, unfortunately, will pay the ists will undoubtedly continue to ac- cles about the lack of stable housing price. cuse me of attacking the science of for evacuees. The titles alone indicate The PRESIDING OFFICER (Mr. global warming—that is part of their the stress evacuees are under. For ex- COLEMAN). The Senator from Maryland. game. But nothing could be further ample: Ms. MIKULSKI. Before the senior from the truth. I support and defend Hurricane Evacuees Face Eviction Threats Senator returns to the Banking Com- credible, objective science by exposing At Both Their Old Homes and New; mittee, I want him to know that I, too, the corrupting influences that would Displaced in Crisis of Affordable Housing; FEMA Housing Slow In Arriving. regret that we could not do the housing subvert it for political purposes. Good The administration’s housing policy vouchers, the small business adminis- policy must be based on good science, for the victims of the recent hurricanes tration loans, as well as the economic and that requires science be free of is unclear and inadequate. HUD is only development assistance Katrina bias, whatever its conclusions might assisting people who were assisted by amendments. These would have really be. HUD previously in the disaster areas, helped rebuild communities and re- As nations meet again next month in while FEMA has the responsibility for build lives. But the House was so re- Montreal to discuss global warming, the vast majority of the evacuees. sistant we could not. We were defeated the pronouncements of the IPCC lead- FEMA, an emergency management on a voice vote. ers will gain renewed attention as they agency which is overwhelmed in the Mr. SARBANES. I thank the ranking continue their efforts to craft a fourth face of this unprecedented disaster, is member for that observation. I simply assessment of the state of global warm- now being tasked with the job of hous- point out, as further stories are heard ing science. If the fourth assessment is ing hundreds of thousands of people. about the inability to get people back to have any credibility, fundamental This is not a job for FEMA. FEMA has up on their feet and address their changes will need to be made. provided people with 3-months’ worth needs, it should be remembered that The flaws in the IPCC process began of rental assistance. However, it is there were provisions in the Senate- to manifest themselves in the first as- clear that not all evacuees have re- passed bill which, if included in this sessment, but did so in earnest when ceived this assistance. Second, it is conference report and therefore en- the IPCC issued its second assessment also not clear how evacuees and the acted into law, would have provided report in 1996. The most obvious was landlords renting to them can be guar- very important measures of assistance the altering of the document on the anteed that rental assistance will con- in a very timely fashion. I, too, regret central question of whether man is tinue. Indeed, some Katrina victims very much that has not taken place. causing global warming. are being threatened with eviction. I yield the floor. Here is what Chapter 8—the key FEMA seems to be handling the con- The PRESIDING OFFICER. The Sen- chapter in the report—stated on this tinuation of rental assistance on a ator from Oklahoma. central question in the final version ac- case-by-case basis, with no clear rules Mr. INHOFE. Mr. President, I have cepted by reviewing scientists: or principles guiding these critical de- addressed this Chamber several times No study to date has positively attributed cisions. on the subject of global warming. Many all or part [of the climate change observed to In the words of an editorial in yester- times, over and over in the past few date] to anthropogenic causes. day’s New York Times: years in those speeches I have pre- But when the final version was pub- The woefully inadequate program for hous- sented well-documented facts regard- lished, this and similar phrases in 15 ing put forward by the administration is tan- ing the science and economics of the sections of the chapter were deleted or tamount to stonewalling the Katrina vic- global warming issue that, sadly, many modified. Nearly all the changes re- tims. of my colleagues in the public heard for moved hints of scientific doubts re- The emergency housing voucher pro- the first time. garding the claim that human activi- posal, which was adopted by the Sen- Today, I will discuss something ties are having a major impact on glob- ate, was, regrettably, not included in else—scientific integrity and how to al warming. the conference report now under con- improve it. Specifically, I will discuss It removes these doubts that were sideration. The Senate conferees met the systematic and documented abuse specific in the study. implacable resistance, apparently, of the scientific process by an inter- In the Summary for Policymakers— from the House conferees and from the national body that claims it provides which is the only part of the report administration, as I understand it. But the most complete and objective sci- that reporters and policymakers read— the emergency housing voucher pro- entific assessment in the world on the a single phrase was inserted. It reads: posal which this body adopted would subject of climate change—the United The balance of evidence suggests that have ensured that every evacuee in Nations-sponsored Intergovernmental there is a discernible human influence on need would receive at least 6 months of Panel on Climate Change, or IPCC. I global climate. rental assistance with an additional 6 will conclude with a series of rec- The lead author for chapter 8, Dr. months of assistance available if nec- ommendations as to the minimum Ben Santer, should not be held solely essary. The assistance would have been changes the IPCC must make if it is to accountable. According to the journal distributed by HUD and the existing restore its credibility. Nature, the changes to the report were housing network, which houses mil- When I became chairman of the Sen- made in the midst of high-level pres- lions of people around the Nation. ate Committee on Environment and sure from the Clinton/Gore State De- There is extensive experience at HUD. Public Works, one of my top three pri- partment to do so. I understand that

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.037 S15NOPT1 S12816 CONGRESSIONAL RECORD — SENATE November 15, 2005 after the State Department sent a let- The IPCC process itself illustrates thor to a chapter in the third assess- ter to Sir John Houghton, co-chairman the problem. The Summary Report for ment, among others has said that the of the IPCC, Houghton prevailed upon Policymakers is not approved by the Summary did not reflect the chapter Santer to make the changes. The im- scientists and economists who con- he contributed to. But when you exam- pact was explosive, with media across tribute to the report. ine how the IPCC is structured, is it the world, including heavyweights such In other words, the Summary Report really so surprising? as Peter Jennings, declaring this as for Policymakers is the one for policy- Second, the IPCC has demonstrated proof that man is responsible for global makers and for the press. That is how an unreasoning resistance to accepting warming. people pick up their impressions as to constructive critiques of its scientific Notably, polls taken shortly after- what was in the report. However, the and economic methods, even in the re- wards showed scant support for the scientists and the economists who con- port itself. Of course, combined with statement. The word ‘‘discernible’’ im- tributed to the report never did ap- my first point, this is a recipe for plies measurable or detectable, and de- prove the Summary Report for Policy- delegitimizing the entire endeavor in pending on how the question was makers. It is approved by intergovern- terms of providing credible informa- asked, only 3–19 percent of American mental delegates—in short, politicians. tion that is useful to policymakers. scientists concurred. That is the very It doesn’t take a leap of imagination to Let me offer a few examples of what best scenario—less than 20 percent. realize that politicians will insist the I am talking about. In 2001, the third assessment report report support their agenda. Malaria is considered one of the four was published. Compared with the A typical complaint of scientists and greatest risks associated with global flaws in the third assessment, those in economists is that the summary does warming. But the relationship between the second assessment appear modest. not adequately reflect the uncertain- climate and mosquito populations is The most famous is the graph produced ties associated with tentative conclu- highly complex. There are over 3,500 by Dr. Michael Mann and others. Their sions in the basic report. The uncer- species of mosquito, and all breed, feed, study concluded that the 20th century tainties I identified by contributing au- and behave differently. Yet the nine was the warmest on record in the last thors and reviewers seem to disappear lead authors of the health section in 1,000 years, showing flat temperatures or are downplayed in the summary. the second assessment had published until 1900 and then spiking upward—in A corollary of this is that lead au- only six research papers on vector- short, it looked like a hockey stick. It thors and the chair of the IPCC control borne diseases among them. achieved instant fame as proof of man’s too much of the process. The old adage Dr. Paul Reiter of the Pasteur Insti- causation of global warming because it ‘‘power corrupts and absolute power tute, a respected entomologist who has was featured prominently in the sum- corrupts absolutely’’ applies here. Only spent decades studying mosquito-borne mary report read by the media. a handful of individuals were involved malaria, believes that global warming Let us take a look at this chart. This in changing the entire tone of the sec- would have little impact on the spread is the blade of the hockey stick, and ond assessment. Likewise, Michael of malaria. But the IPCC refused to this is what Michael Mann tried to Mann was a chapter lead author in the consider his views in its third assess- show. Since then, the hockey stick has third assessment. ment, and has completely excluded him been shown to be a relic of bad math One stark example of how the process from contributing to the fourth assess- and impermissible practices. has been corrupted involves a U.S. Gov- ment. This chart starts the year 1000, 1200, ernment scientist who is among the Here is another example: To predict and so forth. If they had included the world’s most respected experts on hur- future global warming, the IPCC esti- three centuries prior to that, that was ricanes—Dr. Christopher Landsea. Ear- mated how much world economies the time called the medieval warming lier this year, Dr. Landsea resigned as would grow over the next century. period. In the medieval warming pe- a contributing author in the upcoming They had to somehow tie this into the riod, you would find another blade such fourth assessment. His reason was sim- economic activity. Future increases in as this where temperatures were actu- ple—the lead author for the chapter on carbon dioxide emission estimates are ally higher than they are in this extreme weather, Dr. Kevin Trenberth, directly tied to growth rates, which in exhibit. had demonstrated he would pursue a turn drive the global warming pre- Since then, the hockey stick has political agenda linking global warm- dictions. been shown to be a relic of bad math ing to more severe hurricanes. Unfortunately, the method the IPCC and impermissible practices. Dr. Hans Trenberth had spoken at a forum uses to calculate growth rates is von Storch, a prominent German re- where he was introduced as a lead au- wrong. It also contains assumptions searcher with the GKSS Institute for thor and proceeded to forcefully make that developing nations will experience Coastal Research—who, I am told, be- the link. He has spoken here in the explosive growth—in some cases, believes in global warming—put it this Senate as well, and it is clear that coming wealthier than the United way: Trenberth’s mind is completely closed States. These combine to greatly in- Methodologically it is wrong: Rubbish. on the issue. The only problem is that flate even its lower-end estimates of In fact, a pair of Canadian research- Trenberth’s views are not widely ac- future global warming. ers showed that when random data is cepted among the scientific commu- The IPCC, however, has bowed to po- fed into Michael Mann’s mathematical nity. As Landsea put it last winter: litical pressure from the developing construct, it produces a hockey stick All previous and current research in the countries that refuse to acknowledge more than 99 percent of the time, re- area of hurricane variability has shown no the likelihood they will not catch up to gardless of what you put into it. Yet reliable, long-term trend up in the frequency the developed world. The result: Future the IPCC immortalized the hockey or intensity of tropical cyclones, either in global warming predictions by the stick as the proof positive of cata- the Atlantic or any other basin. IPCC are based on a political choice, strophic global warming. When Landsea brought it to the at- not on credible economic methodolo- How can such a thing occur? Sadly, it tention of the IPCC, he was told that gies. is due to the institutional structure of Trenberth—who as lead author is sup- Likewise, the IPCC ignored the ad- the IPCC itself—it breeds manipula- posed to bring a neutral, unbiased per- vice of economists who conclude that, tion. spective to his position—would keep if global warming is real, future gen- First, the IPCC is a political institu- his position. Landsea concluded that: erations would have a higher quality of tion. Its charter is to support the ef- Because of Dr. Trenberth’s pronounce- life if societies maximize economic forts of the U.N. Framework Conven- ments, the IPCC process on our assessment growth and adapt to future warming tion on Climate Change, which has the of these crucial extreme events in our cli- rather than trying to drastically curb basic mission of eliminating the threat mate system has been subverted and com- emissions. The IPCC turns a deaf ear. of global warming. This clearly creates promised, its neutrality lost. This problem with the economics led a conflict of interest with the standard Landsea’s experience is not unique. to a full-scale inquiry by the UK’s scientific goal of assessing scientific Richard Lindzen, a prominent MIT re- House of Lords’ Select Committee on data in an objective manner. searcher who was a contributing au- Economic Affairs. The ensuing report

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.042 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12817 should be required reading. The coming. If we know the cost that is going The legislative clerk proceeded to mittee identified numerous problems to be incurred, as we learned in the call the roll. with the IPCC. Wharton econometric survey—that for Ms. MIKULSKI. Mr. President, I ask In fact, the problems identified were each family of four in America, it unanimous consent that the order for so substantial, it led Lord Nigel would cost them about $1,715 a year in the quorum call be rescinded. Lawson, former Chancellor of the Ex- the cost of electricity, the cost of fuel; The PRESIDING OFFICER. Without chequer and a member of the com- everything just about doubling—then objection, it is so ordered. mittee, to recently state—in fact, he people need to know what kinds of ben- Ms. MIKULSKI. Mr. President, as my was here and testified before the com- efits the global warming will produce. colleagues know, we continue to dis- mittee I chair here in the Senate—Lord The fifth thing is to examine the cuss the Commerce-Justice-Science ap- Lawson said: costs and benefits of an adaptive strat- propriations conference report. We I believe the IPCC process is so flawed, and egy versus a mitigation strategy. note that our colleague from Illinois the institution, it has to be said, so closed to Sixth is to adequately examine stud- wishes to speak, and I yield to Senator reason, that it would be far better to thank ies finding a cooling trend of the Conti- OBAMA 5 minutes. it for the work it has done, close it down, nental Antarctic for the last 40 years, The PRESIDING OFFICER. The Sen- and transfer all future international collabo- as well as increases in the Antarctic ator from Illinois. ration on the issue of climate change. . . . ice mass. Mr. OBAMA. Mr. President, I thank To regain its credibility, the IPCC Seventh is to adequately explain why Senator MIKULSKI. must correct its deficiencies in all of the models predict greater warming Mr. President, I know I speak for all the following areas before it releases than has been observed, avoiding the Members of the Senate when I say we its fourth assessment report. Struc- use of selective data sets. wholeheartedly support our Nation’s turally, there are four ways we suggest Eighth is to ensure an unbiased as- law enforcement officers and we want changes be made. sessment of the literature on hurri- to do every single thing possible to as- The first is to adopt procedures by canes. sist their efforts to keep our commu- which scientific reviewers formally ap- Ninth is to ensure adequate review of nities safe. Unfortunately, the Com- prove both the chapters and the Sum- malaria predictions by a range of spe- merce-Justice-Science conference re- mary Report for Policymakers. Gov- cialists in the field, ensuring all views port before this body today does not are expressed. ernment delegates should not be part send this message. In fact, it sends the Going back to No. 8, I am reminded of the approval process. exact opposite message. every time something happens—it can The second thing is to limit the au- The conference report provides im- be a hurricane or a tornado—there is thority of lead authors and the Chair portant funding for programs such as always somebody standing up and say- to introduce changes after approval by the Office on Violence Against Women, ing: Aha, it is due to global warming. the reviewers. It is a level of desperation that I can- the National Science Foundation, and The third is to create an ombudsman not believe people are becoming sub- important juvenile justice programs. for each chapter. These ombudsmen jected to. But I am very troubled by the drastic should consult with reviewers who be- There are dozens more issues, most of cuts it makes to an important law en- lieve valid issues are not being ad- which are as important as the ones I forcement program, the Byrne Justice dressed and disseminate a report for re- have just raised. Instead of trying to Assistance Grant Program. viewers prior to final approval which is list them all here, I intend to post on This bill further eviscerates a pro- made part of the final document. my committee’s Web site this winter a gram that has suffered significant cuts Fourth is to institute procedures to more exhaustive and detailed list of in the last few years, despite providing ensure that an adequate cross-section issues that must be addressed in the real results and benefits around the of qualified scientists wishing to par- fourth assessment. country. The conference report cuts ticipate in the process is selected based In conclusion, I quote from an article the Byrne Program from the $900 mil- on unbiased criteria. The ombudsmen in Der Speigel by Dr. von Storch and lion we passed in the Senate to $416 should review complaints of bias in the Dr. Nico Stehr, who is with Zeppelin million, which is a 34-percent cut from selection process. University. They wrote: the fiscal year 2005 funding level. That is structurally what the IPCC Other scientists are succumbing to a form Now, in Illinois, these cuts will have should do. of fanaticism almost reminiscent of the an immediate and direct effect because Now, there are many specific issues McCarthy era. . . . Silencing dissent and un- law enforcement has been using Byrne that the IPCC must address as well. certainty for the benefit of a politically wor- grant funds to fight one of the gravest For instance, the IPCC must ensure thy cause reduces credibility, because the drug threats facing the Nation today— that uncertainties in the state of public is more well-informed than generally methamphetamines. knowledge are clearly expressed in the assumed. In the long term, the supposedly In downstate Illinois, as in other Summary for Policymakers. When you useful dramatizations achieve exactly the opposite of what they are intended to rural communities all across the coun- read the Summary for Policymakers, achieve. If this happens, both science and so- try, there has been a tremendous surge which is not approved by the scientists ciety will have missed an opportunity. in the manufacture, trafficking, and and the economists, it does not say It is my solemn hope that the IPCC use of meth. Illinois State Police en- anything about the fact that there are will listen to the words of Dr. von countered 971 meth labs in Illinois in doubts in these areas. That should be a Storch and Dr. Stehr and not miss the 2003, more than double the number un- part of it. opportunity to reestablish its credi- covered in 2000. The IPCC must provide highly defen- bility, which I believe is totally lost at According to the Illinois Criminal sible ranges of the costs of controlling this time. Only then will its work prod- Justice Information Authority, the greenhouse gas emissions. They have uct be useful to policymakers. If the quantity of meth seized by the Illinois to talk about how this is going to be IPCC remains committed to its current State Police increased nearly tenfold done. path, however, then Lord Lawson’s so- between 1997 and 2003. This surge is They must defensibly assess the ef- lution is the only viable one—the IPCC placing enormous burdens on fects of land-use changes in causing ob- should be disbanded. smalltown police forces, which are sud- served temperature increases. In other Mr. President, I ask unanimous con- denly being confronted with a large words, there are a lot of things we hear sent that my remarks not be charged drug trade and the ancillary crimes about, we are aware of; that is, the against the time on the CJS appropria- that accompany that trade. heat island effect that takes place in a tions conference report. These police departments rely on lot of the major cities, the various ag- The PRESIDING OFFICER. Without Byrne grant funding to participate in ricultural changes where trees are cut objection, it is so ordered. meth task forces, such as the Metro- down and crops are planted. These need Mr. INHOFE. I suggest the absence of politan Enforcement Group or the to be considered. a quorum. Southern Illinois Enforcement Group. Fourth is to provide highly defensible The PRESIDING OFFICER. The These task forces allow police in dif- ranges of the benefits of global warm- clerk will call the roll. ferent communities to combine forces

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.045 S15NOPT1 S12818 CONGRESSIONAL RECORD — SENATE November 15, 2005 to battle a regional problem. There are and the American people with a plan Third, we want accountability from a total of seven meth task force zones for success and a timetable with esti- this President. It is not good enough in Illinois, and these task forces have mated dates for the phased redeploy- for the President to make speeches seen real results with Byrne grant ment of American forces. Second, the about staying the course when the funding. amendment makes it clear that 2006 course has led to so many lives being In 2004, the Southern Illinois En- will not be just another year on the lost, so many dollars being spent. Sen- forcement Group accounted for more calendar when it comes to the war in ators WARNER and FRIST saw our than 27 percent of the State’s reported Iraq. The next year represents a crit- amendment when it was offered. It is meth lab seizures. This group pays 5 of ical transition period for Iraq, when a interesting because I think what they its 12 agents through Byrne grants. newly elected government, as of this did is probably a very positive thing. In towns such as Granite City and December, will take office and must as- They took the amendment, which we Alton, cuts in Byrne grant funding will sume the authority and responsibility had prepared, and basically made force them to make difficult choices that comes with sovereignty. This is changes on its face. If you take a look about how to allocate already scarce the year when Iraqi forces must help at this amendment, this is what we of- police resources. Indeed, the chief of create the conditions that will finally fered. Senators WARNER and FRIST police in Granite City told my staff lead to the phased redeployment of scratched out the names of all the yesterday that cuts in Byrne grant U.S. troops. Democratic sponsors and put their own funding will threaten the viability of The Levin amendment also stated names on there on the Republican side. his meth task force. At a time when that the administration had to make it Then they went through, without even meth use is growing, it is inconceivable crystal clear to the Iraqi people that retyping, and made handwritten to me that we would be cutting the re- we were not in Iraq indefinitely. We are changes on the Democratic amend- sources needed by law enforcement to neither permanent occupiers nor are ment. Some of the changes are innoc- fight crime and clean up the streets. we a permanent police force for the uous, but some are not. This is yet another example of the Iraqi people. That is a job for Iraq, not One of the changes is significant. We misplaced priorities of our country. We for the United States. Building a made it clear, in language the Iraqis all know that we are facing a real broad-based and sustainable political and the American people could under- budget crisis. The deficit is growing, settlement is also essential for defeat- stand, what the future course will be. and we need to enforce some fiscal dis- ing the insurgency and it, too, is an Let me read what Democratic language cipline. But I don’t believe we should Iraqi responsibility, not an American said: be balancing the budget on the backs of responsibility. The United States military forces should our Nation’s law enforcement officers President Bush has said over and not stay in Iraq indefinitely and the people who keep our families and commu- over again, as the Iraqis stand up, we of Iraq should be so advised. nities safe each and every day. will stand down. The amendment we of- Simple and declarative. The Repub- I am disappointed by this bill. I hope fered asked the basic question, When lican change: They struck the word next year we will be able to find the are they going to have capable forces ‘‘indefinitely.’’ Now it reads: necessary funding that local law en- so that American troops can stand The United States military forces should forcement needs. I would ask those who down? How many are standing now? not stay in Iraq any longer than required and are on the conference and who are the people of Iraq should be so advised. How well is the Iraqi Government looking at this to recognize that it is That is quite a difference. Our sen- going to have an impact not just in Il- doing in defending and caring for its people and training its own military tence was clear and more decisive. linois but in rural communities all Theirs is ambiguous, leaving open the across the country, particularly farm- and security forces? This isn’t the first time we have possibility of American permanent ing communities in the Midwest that asked these questions. Over 40 of us military bases in Iraq, something I have been devastated by the plague of have asked the President over and over hope does not occur. But the most im- meth. This has been primarily a pro- again for a report on this war. Sadly, portant thing that they did was to de- gram to help prevent it. It is being cut we are still waiting for an answer, un- lete the last paragraph of this amend- drastically in this bill. It is a bad deci- ment. In the last paragraph, we have less you count the reply we received sion and reflective of misplaced prior- asked for President Bush, every 3 from someone at a lower level in the ities by this Senate. months, to report to the American peo- White House stating that he had re- I yield the floor and suggest the ab- ple on scheduled changes in Iraq: How ceived the letter and would send it to sence of a quorum. many soldiers were to be trained to re- The PRESIDING OFFICER. The the appropriate person to take a look place American soldiers; how many po- clerk will call the roll. at. That was over a month ago. That is licemen were to be prepared to provide The legislative clerk proceeded to not the answer that Senators were for the defense of and order in their call the roll. looking for. It is certainly not the an- country; what progress is being made Mr. DURBIN. Mr. President, I ask swer the American people were looking when it comes to basic human services, unanimous consent that the order for for. The amendment required answers whether it is electricity, water, em- the quorum call be rescinded. in an unclassified report because we ployment, the guideposts that we use The PRESIDING OFFICER. Without want the American people to know to determine whether we are estab- objection, it is so ordered. what is going on in Iraq—the chal- lishing a civil society, a stable society. Mr. DURBIN. Mr. President, I ask lenges, the progress, and, frankly, if The Republicans accepted most of unanimous consent to speak as in there are contingencies we had not an- those, but they did not accept what I morning business. ticipated, let us know that. consider to be one of the key para- The PRESIDING OFFICER. Without What we were seeking to do with this graphs of the Democratic amendment. objection, it is so ordered. amendment was finally to establish That said: We expect a report from the IRAQ that 2006 will not be just another year. President of a campaign plan with esti- Mr. DURBIN. Since the war in Iraq I am hoping that no Senator will stand mated dates for the phased redeploy- began, 2,067 Americans have died; 15,568 on the floor a year from now and re- ment of the United States Armed have been wounded. Today, I joined my count that we have lost hundreds more Forces from Iraq as each condition is colleagues, Senators LEVIN, BIDEN, of our best and bravest in Iraq, thou- met, with the understanding that unex- HARRY REID, and others, in offering an sands more injured, wondering if there pected contingencies may occur. amendment to honor their sacrifice is any end in sight. That was critical because it says to and service and to seek a new course in The amendment made it clear as well the President and to the administra- Iraq in the coming year. I was proud to that we were holding Iraqis respon- tion: Let us start talking now about cosponsor the Levin amendment. I sible. It is their country. It is their fu- bringing our soldiers home. We are not thought it made three critical policy ture. They need to take control of their setting a date to cut and run, which statements about Iraq. own fate and future with their own se- the critics said, but we are saying to First, the amendment demanded that curity force and a political arrange- the President: We have to take seri- the administration provide Congress ment that works. ously the 161,000 Americans risking

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.046 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12819 their lives every single day, and But the President used Veterans Day It is true we knew Saddam Hussein many—sadly, too many—losing their to raise a political issue, and then flew was a dictator and a butcher and a ty- lives and being injured in the process. to Alaska yesterday and repeated it, rant, that he had precipitated a war It is interesting to me that this saying that his critics are somehow un- against Iran that went on for years, morning’s news tells us that the Iraqis dermining the morale of the troops and claiming thousands of lives. We knew are now saying to the British: You can showing they don’t appreciate the con- that he invaded Kuwait. All of that was start thinking about going home now. tributions of the troops. Nothing could part of history. But before the invasion That is great. I am glad they can. I am be further from the truth. Whether you of Iraq we were told by this adminis- glad that they will return to the safety are Democrat or Republican, whether tration that based on the intelligence of their families and their homes. you voted for the war or against it, as that they gathered, there were other Shouldn’t that same conversation be I did—I have given this President every compelling reasons for us not to wait taking place about American troops, single penny he has asked for for our for the United Nations, not to wait for and shouldn’t the President be telling troops. I have always thought in the other allies, not to wait and exhaust us that we are going to move forward back of my mind if it were my son or all possibilities but to move decisively in a phased, orderly redeployment of my daughter in uniform, I would want and invade. our troops back home, as the Iraqis them to have everything they needed What were those reasons? Weapons of take over responsibility of their own to be safe, to come home with their mass destruction, which we later country? mission truly accomplished. So for the learned didn’t exist; the possibility That is what the Democrats offered. President to suggest that anyone who that Iraq was becoming a nuclear That is what the Republicans refused. questions his foreign policy is not re- power, as Secretary of State The vote came down. There were about spectful of our troops is just plain Condoleezza Rice said, mushroom 40 who voted for the Democratic wrong. clouds in the Middle East and around amendment. Then there was a fol- It is up to us as policymakers to the world from Saddam Hussein’s nu- lowing vote. That vote is significant. It make critical decisions about the pol- clear weapons; the aluminum tube con- was a vote on the Warner-Frist amend- icy of this country. But we have troversy, evidence that they imported ment, an amendment which was offered learned through bitter experience that aluminum tubes which the administra- to the Defense authorization bill. It is even if you disagree with the policy of tion said was proof positive that they true that it was an amendment which this country, for goodness’ sake don’t were reinstituting, reconstituting their was a cut-and-paste job on the original take it out on the troops and, I might nuclear weapons program; connections Democratic amendment. I have in my say the flip side of that, don’t use the with Saddam Hussein and al-Qaida, hand the original amendment and the troops as a shield so that you don’t Osama bin Laden. It was argued that changes that were made. It didn’t go as have to defend your own public poli- 9/11 and Iraq were the same story. far as I would like to have gone. It cies. This administration has to stand All of these were given to us together didn’t say American troops will not up to defend those policies for what with the assertion that somehow the stay in Iraq indefinitely. It didn’t talk they are. Iraqis were importing this yellow cake about the phased redeployment of So this amendment, with some from Niger in Africa to make nuclear American forces. But it did say several changes, passed. And what does it say? weapons. We were told all these things important things that were included in Well, the purpose of the amendment as to reach a high level of intensity and the original Democratic amendment. it passed says to clarify and rec- anxiety to lead to an invasion of Iraq. It did say 2006 is a year of significant ommend changes to the policy of the We found after the invasion virtually transition. It did serve notice on the United States on Iraq. It is significant. every single statement was false, was Iraqis that they have to accept respon- For those who said stay the course, not true. sibility for their own fate and future. make no changes, they lost today. For We analyzed what the intelligence And significantly, this Republican those who wanted change on both sides agencies did in the first phase of our amendment called on their President of the aisle, we prevailed. I think that investigation and found utter failure. in the White House to report to the is important. I think the national dia- The agencies we most counted on to American people, on a quarterly basis, log is going to change because of this tell us of threats against America and as to the progress being made in Iraq vote. I sincerely hope it is a good-faith how we could defend against them com- so we can monitor whether the Presi- effort. I hope it doesn’t go into a con- pletely dropped the ball. I was part of dent truly has a plan that can lead to ference committee and disappear. I the Senate Intelligence Committee at success. hope it is part of the Defense author- the time, and I listened as our staff That is significant, maybe historic. ization bill ultimately signed by the people went over and reported to us The President’s own party overwhelm- President. about what they found at these intel- ingly voted today for this amendment, There is another thing that concerns ligence agencies. an amendment which started on the me as we get into this whole debate, In the ordinary course of events, be- Democratic side but became bipartisan and that is this question about intel- fore you invade a country there is a in the end, an amendment which calls ligence. You may recall that when we very careful analysis of intelligence on this administration to be held more decided to invade Iraq it was not just data. You just don’t start a war with- accountable in terms of this war in the decision to invade that country but out looking at every possibility and Iraq. to change America’s foreign policy. understanding information that has Now, the President did something on The Bush administration, for the first been collected. Veterans Day which is unusual. The time in our history, said we can no Well, that National Intelligence Esti- President used Veterans Day, of all longer afford a policy of defense. We mate was not even prepared when the days, to make a political speech. He can no longer say to the world, If you administration started talking about criticized the Democrats who were not attack us, we will attack you back ten- the invasion of Iraq. It was ordered, agreeing with his war policy, on Vet- fold. We have to be preemptive, have a prepared in a manner of 2 or 3 weeks, erans Day. I can tell you that I was policy of preemption. just a fraction of the time usually re- back in my home State of Illinois vis- What is the difference? The dif- quired, and when we finally saw it in iting communities with Veterans Day ference is the President believes we the Senate Intelligence Committee, it celebrations in Carlysle, in Flora, and should be prepared to attack countries was embarrassing. It was a report in Paris, IL. It didn’t even cross my even before they attack or threaten us. given to us which really didn’t care- mind to make a partisan speech. You Well, that is a new course in American fully evaluate the intelligence data don’t do that on Veterans Day, for foreign policy and one which is dan- that had been collected, and it is one of goodness’ sake. We don’t ask our sol- gerous. It is dangerous if the informa- the reasons we made this colossal error diers their political affiliation. We tion you are receiving about potential in judgment when it came to evalu- don’t designate on their tombstones threats and potential enemies is wrong. ating intelligence. what political party they belonged to. And what happened when it came to That was the Senate Intelligence Soldiers and veterans serve their coun- the invasion of Iraq? Virtually all of Committee investigation. The Presi- try regardless of political affiliation. the intelligence was wrong. dent has been saying repeatedly that

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.048 S15NOPT1 S12820 CONGRESSIONAL RECORD — SENATE November 15, 2005 those who are critical of his decision to made a statement about the situation were. Our generals don’t agree with invade Iraq today had the same intel- in Iraq that could not be substantiated that statement. I do not understand ligence he had, and so if he made a mis- with background intelligence. In other what the Vice President used as his take, they made a mistake, too. I dis- words, did any elected official in this basis for making it. agree. The President of the United administration, or even in this Con- There is one other element I would States receives what is known as the gress, deliberately or recklessly mis- like to raise which is contemporary, daily briefing. Each day he sits down lead the American people? timely, and troubling. For the last with intelligence officials, including Is that important? It could not be week we have had a visit by a foreign the head of the CIA and others at the more important. I cannot think of a Head of State. His name is Ahmed highest level, for a briefing about intel- greater abuse of power in a democracy Chalabi. Mr. Chalabi is rather well- ligence gathered around the world and than to mislead the people into a war, known in Washington circles. For what the threat is to America on that and to ask the people of a country to years and years he was an Iraqi expa- given day. He has more information offer up the people they love—their triate who was critical of Saddam Hus- than anyone, as he should, as Presi- sons, their daughters, their husbands, sein, and he created an Iraqi national dent, as Commander in Chief. By the their wives, their friends and their rel- congress organization of defectors and time you come to Congress, that infor- atives—in defense of the facts. those who felt as he did that Hussein mation has been filtered and chopped That is what this investigation is should be replaced. That is a good and divided and diced and very little of about. We have been waiting 20 thing. I don’t know of anyone who was it makes it to Congress. Most of it months, 20 months for it to take place. applauding Hussein in those years, and comes to the Intelligence Committees. I don’t know what it will find. There is certainly Chalabi was on the right Then it goes to the chairman, ranking certainly a lot of questions that need track in that area. member, and then down the chain less to be asked and answered about state- He ingratiated himself to some of the information is given to members of the ments made by members of the admin- leaders in this administration, people Senate Intelligence Committee and istration. But as of today, we still making policy in this administration, even less to the regular rank-and-file don’t know. We are not certain as to and became, sadly, a source of informa- Senators and Congressmen. That is whether that investigation will take tion. I say ‘‘sadly’’ because we have just the food chain, if you will, on in- place. come to learn that much of the infor- telligence data. I would like to know why, on Feb- mation given by Mr. Chalabi to mem- So for the President to suggest that ruary 7, 2003, Defense Secretary Donald bers of our administration turned out Members of Congress had the same in- Rumsfeld told the U.S. troops in to be just plain wrong. formation he did is just not factual. He Aviano, Italy: Ahmed Chalabi helped weave a web of deceit about what turned out to be is given much more information. He It is unknowable how long that conflict in was before Iraq; he is every single day Iraq will last. It could last 6 days, 6 weeks. nonexistent weapons of mass destruc- given more information. So if Members I doubt 6 months. tion in Iraq. He helped provide the infa- of the Senate relied on the President’s Secretary Rumsfeld, February 2003. mous and aptly named source known as ‘‘Curveball,’’ who fabricated informa- representation, the President’s state- That was over 21⁄2 years ago. The De- ment, the Vice President’s statement, fense Secretary was not just overly option about biological weapons labs. and they were misled into it, it is be- timistic, he was profoundly wrong. His This information became a corner- cause they believed the President and failure to plan for the conflict that stone, sadly, of Secretary of State Vice President had more information could last years and not weeks has had Colin Powell’s speech and slide show to about it than they did. tragic consequences. the United Nations, and it turned out Now, I sat on the Senate Intelligence On my first visit to Walter Reed Hos- to be all wrong. I suspect that in his Committee shaking my head day in pital to visit a soldier whose leg had decades of distinguished service to the and day out listening as the members been amputated, who was from an Ohio United States there are very few mo- of the administration would debate Guard unit I asked: What happened? ments that Secretary Powell regrets issues like nuclear weapons. This is all Well, I was in one of those humvees, more than being led into repeating unclassified now, but there was a seri- Senator. It didn’t have any armor plat- some of these assertions by Ahmed ous disagreement between the Depart- ing on either side, and one of those Chalabi and his followers. Chalabi ment of Defense and the Department of homemade bombs went off and blew off seems to have no such regrets. Energy as to what those aluminum my leg. I took a look at Mr. Chalabi, who was tubes meant. The Department of En- Were we ready? Did we have a plan to confronted recently. It was in February ergy said: We don’t think they have win, to protect that soldier and others? of last year, as a matter of fact. He was anything to do with nuclear weapons. Clearly not. It was not until recently, confronted with the fact that many of The Department of Defense said: Oh, and all of our findings after 3 years the things he told the United States yes, they do. And the two of them they finally had the armor plating they about Iraq turned out to be false, com- would have at it in front of us. Then I needed. pletely false. And here is what they would walk outside the Intelligence On May 1, 2003, that banner on the wrote in this article on February 19 of Committee room and hear Vice Presi- aircraft carrier proclaimed that the 2004 in the London Telegraph: dent CHENEY and Secretary of State Iraqi mission was accomplished and Mr. Chalabi, by far the most effective anti- Condoleezza Rice saying aluminum President Bush landed on the carrier Saddam lobbyist in Washington, shrugged off charges that he deliberately misled U.S. in- tubes equal nuclear weapons, and I am and celebrated the end of the war. telligence. ‘‘We are heroes in error,’’ he told thinking to myself: They are not sug- Tragically, at that time the real war the Telegraph in Baghdad. was just beginning. Of those Americans gesting there is a difference of opinion He goes on to say, and I quote Mr. who paid with their lives in this war, even in their own administration. Chalabi: It was frustrating because serving on only 140 were killed during the phase As far as we’re concerned we’ve been en- that Intelligence Committee I could the President called major combat. We tirely successful. That tyrant Saddam is not discuss what was being debated in have lost almost 2,000 since then. That gone and the Americans are in Baghdad. that room, but I knew in my heart of means 93 percent of our troops who What was said before is not important. The hearts that many things being told to have been killed in Iraq died after Sad- Bush administration is looking for a scape- the American people were just not dam Hussein was overthrown and his goat. We are ready to fall on our swords, if backed up with sound, concrete evi- army defeated and since that banner he wants. dence, and that is what is at issue here. was displayed on that aircraft carrier. Unrepentant, giving bad information We believe the American people de- Last May, Vice President CHENEY to the American Government, which it serve the truth, and the truth comes said the Iraqi insurgency was in its followed in planning this invasion of down to this: The Senate Intelligence death throes. Well, I can tell you, as we Iraq. Ahmed Chalabi, no regrets. He Committee promised us over 20 months see the casualty reports coming from achieved what he wanted to achieve: ago that they would do a thorough in- Iraq, it is clear that the insurgency is Saddam Hussein is gone. The Ameri- vestigation to see if any elected official not in its death throes. I truly wish it cans are in Baghdad. The fact that the

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.050 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12821 American people were misled obviously In spite of all these transgressions, Mr. DEMINT. I ask unanimous con- does not trouble him, but it should Mr. Chalabi is being warmly received sent to speak for 10 minutes as in trouble others. by this administration. morning business. What about Mr. Chalabi today? He Mr. President, I know Senator STE- The PRESIDING OFFICER. Without has a title. He is Deputy Prime Min- VENS is on the floor to deliver a eulogy objection, it is so ordered. ister in Iraq, and he received a hero’s for our former Sergeant at Arms, and WAR ON TERROR welcome from this administration over in deference to him and his purpose for Mr. DEMINT. Mr. President, I was the last 7 days. coming—— just across the way in my office work- The other part of this story I haven’t Mr. STEVENS. No, I am not going to ing on several things that I think are mentioned is that on May 20 of last deliver a eulogy. important to the country. We were year, the Iraqi security forces raided Mr. DURBIN. Mr. President, I will working on a bill to stop the increases Mr. Chalabi’s home in Iraq, seizing doc- close and give the floor to Senator STE- in taxes that will occur unless we act uments and other evidence, and charg- VENS for whatever purpose brings him immediately. This is another bill that ing him with having sold American se- here. the Democrats are trying to obstruct, crets to Iran, one of the countries in We believe what happened on the but it is critically important that we President Bush’s axis of evil, a code floor of the Senate is significant. We pass this stop-the-tax-increase bill in that could have endangered American said there must be a change of course order to keep our economy growing and troops and American security. in Iraq; we cannot continue. This failed to keep creating jobs in this country. That is a high crime, as far as I am policy brought us to this point. We owe I was also working in my office, with concerned, the kind of thing which no it to our servicemen and their families some of my staff, on some of the things one can excuse or overlook. In fact, the and the American people to have a plan we can do to move this country more FBI initiated an investigation of for success that will bring stability to toward energy independence. But I Chalabi for selling or giving those se- Iraq on a timely basis, give them re- kept listening to my distinguished crets to Iran, and twice last week the sponsibility for their own future, and Democrat colleague from Illinois and FBI told us it was a continuing active start to bring American troops home. heard him talking about our President investigation. It is ironic they told us Our critics say we want to cut and and this war. The more I listened, the that while Mr. Chalabi was the toast of run. No, we want to stop the loss of life more frustrated I became. As a matter the town in Washington, moving from by Americans in Iraq. We want to of fact, I would have to say I became one Cabinet official to another, from make sure the Iraqis know it is their very angry because what I was hearing Treasury Secretary Snow to Secretary responsibility for their future. was baseless accusations and shameless of State Condoleezza Rice, where he I certainly believe, as others do, that criticisms, things that were said that I was greeted as warmly as a dignitary someone such as Ahmed Chalabi is one think diminish the Senate as an insti- from overseas, and then going to visit of the reasons we made fatal errors in tution, which I feel must be refuted. with Secretary of Defense Donald the beginning of this invasion of Iraq. I am afraid that my Democratic colleagues are playing the war on terror Rumsfeld and finally, of course, with He should not be treated as a hero. I similar to a political game. It is a dan- Vice President CHENEY. didn’t vote for this war. In the fall of This man under active investigation 2002 when we were debating use of gerous game that endangers our troops, by the FBI was being warmly received force, I offered an amendment to de- and it is a dangerous game that the as a Head of State in these agencies. fend the United States from an immi- Democrats have played before. Over Why, one might ask, isn’t the FBI nent attack by Iraqi weapons of mass the last 25 years, terrorist attacks in doing its job? Why aren’t they calling destruction. That amendment got to this country and around the world have him in for information, whether he sold the heart of the matter with the intel- increased. During the Clinton adminis- secrets that could have endangered ligence of weapons of mass destruction tration, Americans were killed in our embassies, on our warships and even in American lives? Mr. Chalabi is no hero so cloudy. It would have raised the New York City when the World Trade to me. He seems to be one to some threshold for war. It failed. Center was attacked by terrorists. members of the Bush administration. Now we have to move forward mak- From the Democrats and the Clinton This is a man who should not be treating certain that we keep in mind first administration, there was a lot of talk, ed like a hero. He ought to be treated and foremost our commitment to our but there was no action. It was all left like a suspect. That is what the FBI troops and our commitment to our to the next President to deal with. In- said he was last week. The fact he is mission. This is a historic vote today stead of dealing with it in a way that being vetted by high-ranking officials with the adoption of the Democratic would help secure our future, the Clin- rather than being questioned by the amendment as changed by Senators WARNER and FRIST. I sincerely hope ton administration instead decimated FBI speaks volumes. Mr. Chalabi went our intelligence network with politi- on to say when he was asked about this this vote will mean a change in policy to bring our troops home safely. cally correct ideas that greatly reduced during his visit to Washington: our ability to gather intelligence in As far as we’re concerned, we have been en- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- difficult places around the world. John tirely successful. That tyrant Saddam is Deutsch, President Clinton’s Director gone and Americans are in Baghdad. ator from Alaska. Mr. STEVENS. Mr. President, I of the CIA created rules that hurt our He said: Let’s look to the future. thank the Senator from Illinois for his intelligence community’s ability to Let’s not look to the past. gather human intelligence. I think it is clear, as the New York courtesy. I do intend to attend the ceremony to eulogize the former Ser- Now my Democrat colleagues accuse Times editorial stated on November 10, President Bush of using poor intel- 2005: geant at Arms of the Senate. (The remarks of Mr. STEVENS per- ligence to do what they said needed to Mr. Chalabi is not just any political oppor- taining to the introduction of S. 2012 be done before he was even elected tunist. He more than any other Iraqi is re- President. sponsible for encouraging the Bush adminis- are printed in today’s RECORD under tration to make two disastrous mistakes on ‘‘Statements on Introduced Bills and In 1998, with President Clinton’s lead- the Iraqi intervention. Basing its justifica- Joint Resolutions.’’) ership, we supported regime change in tion for war on the false premise that Sad- Mr. STEVENS. Mr. President, I ask Iraq. This was something that was de- dam Hussein had active unconventional unanimous consent that the Repub- termined as a national policy years be- weapons programs and falsely imagining lican-controlled time on the Com- fore President Bush took office. There that the Iraqi people would greet the inva- merce-Justice-Science appropriations are some reasons we did this. Saddam sion with undiluted joy. conference report be reserved for later Hussein had demonstrated that he was Even after the invasion when people in the day. a danger to civilization years before were beginning to ask where are these The PRESIDING OFFICER. Without 9/11. He not only attacked Kuwait and weapons of mass destruction, Chalabi objection, it is so ordered. tried to assassinate an American Presi- insisted the U.S. forces were simply in Mr. STEVENS. I yield the floor. dent, he committed mass murder all the wrong places and asking the wrong The PRESIDING OFFICER. The Sen- over his country using weapons of mass people. ator from South Carolina. destruction. He was a deadly killer.

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.052 S15NOPT1 S12822 CONGRESSIONAL RECORD — SENATE November 15, 2005 He supported terrorism in other a number of things that improve voca- DEFENSE AUTHORIZATION BILL countries. If a terrorist in Israel blew tional training. There is a huge list. Mr. CORNYN. Mr. President, I wish himself up and killed Israelis, the fam- On the back side of this list is what to speak briefly about the events this ily of that terrorist would receive a America needs to know about: The morning, the votes we had prior to our check from Saddam Hussein. Democrat agenda, of which they have adoption of the Defense Department To suggest that Iraq was not sup- none. The reason they are misleading authorization bill, particularly on the porting terrorists is not true. Saddam the American people about our Presi- Frist, Warner, and Levin amendments, Hussein, as part of the original gulf dent and the importance of winning the and try to put this in some context. war settlement, agreed to document war on terror is they have no agenda. First of all, I think we would all and prove the destruction of his weap- They are not willing to step out and agree that our young men and women ons of mass destruction, which he ac- take any leadership on any issue. So in uniform who are fighting for free- knowledged he had. But he did not dis- all they do is obstruct, attack, distort, dom’s cause in Iraq and Afghanistan and elsewhere are doing a magnificent arm. He did not document the destruc- and complain with their ‘‘do nothing’’ job, one that they have volunteered to tion. The inspectors had to play a cat- agenda. do since we no longer have had the and-mouse game with him. The world It is hard for some of us, as we try to did not know what Saddam Hussein draft. Only people who want to be in go about our work, to move America our military join our military. Cer- had. Our decimated intelligence net- forward and address the difficult prob- work had to guess whether he had tainly we have nothing but honor and lems of today and create more opportu- respect for those who put themselves in them. President Bush made the only nities for tomorrow, when we have to harm’s way in order to make us safer decision he could. carry a concrete block we call the and, beyond that, to engage in the Knowing the history of Saddam Hus- Democrat Party. But when they go sein, having a national policy that was noble cause of delivering the blessings across the line and start misleading of liberty to those who have known written by the Democrats to remove America about the importance of this nothing more than the boot heel of a him from power, he made a decision to war on terror and treating it akin to tyrant, as 25 million or so have in Iraq, take action instead of talking about it. some kind of political game, when we and those who lived under the The justification for removing Saddam and our children and future genera- Taliban—a similar number—where al- Hussein from power happened before tions are in danger, as is the rest of the Qaida trained, recruited, and exported President Bush was elected and had world. As we see almost every day, this its terror in Afghanistan before we been supported by Democrats. But now war on terror is real—we cannot treat were able to turn both of those coun- they come down to the Senate floor it as some kind of silly political debate tries toward the path of democracy and and suggest that because the President where they are trying to give the Com- self-determination as peaceful states. had some bad information that he mander in Chief of this country a time I regret that this war in which we are rushed us to war. In fact, leaving Sad- line as to when our troops need to go engaged, the global war on terror, with dam Hussein in power would not have home. It is like they have not bothered its central front being in Iraq today, been acceptable to any administration to go to Iraq themselves and meet with has become such a political football. that looked at the facts. the troops, as I have had the chance to Unfortunately, we see it is just too This country cannot allow murderous do twice this year, and talk with the tempting a target to partisans, some dictators who have attacked our allies, generals. The President has met every partisans, to try to engage in revi- threatened civilians and destabilized deadline he set for elections, to ap- sionist history in order to score polit- the Middle East to stay in power. prove the constitution, and we are ical points or, as we have seen this Now we have Democrats, whose atti- moving exactly as he said we would morning, an attempt to impose an arbi- tude basically embolden terrorists for a move, to turn more of the defense of trary deadline on the withdrawal of our decade during the 1990s by talking but that country over to their military. troops in a way that would jeopardize not doing, on the Senate floor attack- That is happening. They are opening everything that we have invested in ing our President for doing what we businesses, schools, and hospitals, and terms of our young men and women, knew had to be done. But this is the we are helping them along the way. the lives lost, the injuries sustained, Democrat pattern. They say anything, When we get them to the point where and the treasure we have invested in an but they do nothing. they can defend themselves, the Presi- effort to try to restore Iraq to a self- We are dealing with a serious energy dent will bring our troops home, but governing democracy. situation in this country today, but for continue to stand firm against terror, I wish to be clear that I am not ques- the last decade they have obstructed wherever it exists around the world. tioning the patriotism of those who any development of our own domestic This is not a game. Terror is a real supported this arbitrary timetable for energy supplies. Now they are on the enemy, and many Americans have al- withdrawal in voting for the Levin floor blaming President Bush for the ready died because we did not take the amendment, but I am questioning their high energy prices, while the President war on terror seriously. It is time to judgment. I think it is simply too im- and the Republican Congress have take it seriously and to stop playing portant for us to engage in the partisan managed, despite the Democratic ob- political games with the most impor- push and shove here on the floor of the struction, to pass an Energy bill that tant issue of our generation. Senate when there is so much at stake. will move us toward energy independ- I do not think we as a Nation should To me it seems clear that a vote on the ence. Levin amendment today was a bipar- The Democrats are on the floor often ever yield to terror or the type of rhetoric we have had to listen to today. tisan rejection of an artificial time- complaining about American job table for withdrawal. losses, but when we try to pass legisla- Mr. DEMINT. I suggest the absence of I have already seen some of the Web tion that improves the business cli- a quorum. sites and even fundraising appeals that mate in this country, they obstruct. The PRESIDING OFFICER. The have taken place ever since these They obstructed passing our elimi- clerk will call the roll. amendments were voted on. That is the nation of junk lawsuits and the elimi- The assistant legislative clerk pro- kind of world we live in here in Wash- nation of fraudulent bankruptcies. ceeded to call the roll. ington, inside this big fishbowl where They tried to stop that, voting en bloc Mr. CORNYN. Mr. President, I ask politics sometimes overtakes people’s against it. But the President and the unanimous consent that the order for common sense or sense of duty. This Republicans have been able to pass the quorum call be rescinded. clearly was not a Democrat victory, to that and move us along. The PRESIDING OFFICER. Without change Iraq policy as some have al- There are a whole list of things that objection, it is so ordered. ready suggested, the spin doctors, Republicans, with the President’s lead- Mr. CORNYN. Mr. President, I ask those who attempt to spin the message ership, have done from the Energy bill, unanimous consent to speak in morn- of what happens here on the floor for to class action and bankruptcy reform. ing business. some partisan advantage. I regret that We have passed a budget that reduced The PRESIDING OFFICER. Without some are attempting to use this mes- the growth in spending. We have passed objection, it is so ordered. sage for political gain. This should not

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.053 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12823 be about whether Republicans have looked across that audience, I saw peo- terrorist in Iraq and the one prin- scored points or whether Democrats ple like my dad, a generation that is cipally responsible for the terrorist at- have scored points. Rather, this should certainly getting older and unfortu- tacks we saw last week in Jordan at be about our military strategy on the nately leaving us at a relatively rapid the wedding reception that killed other ground in Iraq that is being imple- pace. There were those present who had innocent civilians—these are individ- mented as we speak to restore Iraq to previously served, and there were some uals who vowed to destroy America and a self-governing democracy. there who currently are serving. There everyone who stands in their way in How are we doing that? By a three- were family members of loved ones who their attempt to seize power. pronged plan that, No. 1, says we need are now overseas and families of those A letter from Zawahiri and Zarqawi to train the Iraqis to provide the secu- who had paid the ultimate sacrifice. makes this threat exceedingly clear. If rity necessary so democracy can flour- Although the circumstances differed there is any doubt about who our ish; No. 2, to build basic infrastructure from person to person there in that au- enemy is and what their goals are—on so the quality of life in Iraq is such dience, they all had several profound which there should not be after Sep- that people feel they have a stake in things in common. I don’t know that I tember 11—all one needs to do is read the outcome, the success of this new could tell you that every single person this letter. It is easily available to any- democracy; and No. 3, to build demo- at that veterans event was in complete one who wants to read it. It is found in cratic institutions, beginning with the agreement with the decision of this full on the Web site of the Director of passage of a constitution on October 15 President or this Congress to authorize National Intelligence. That is and now leading up to election of their the use of force to remove Saddam Hus- www.dni.gov. In that letter, Zawahiri permanent government on December sein, but what I can tell you is that clearly describes al-Qaida’s vision to 15. these people were all patriots. They establish an Islamic caliphate that The people of Iraq have been through support our troops 100 percent, and would rule the Middle East, destroy a lot in these last years. They have they support the ideals upon which our Israel, and threaten the very existence been through, even since the fall of country was founded 100 percent. They of our way of life. Saddam, a lot of turmoil since govern- know the contributions of our troops The consequences of a United States ment after government has been cre- represent the Iraqi people’s best hope pullout from Iraq should not be in ated in this transition to permanent for freedom and for democracy. question, either. In this letter, self-government. It is a shame, it So while there may be some here in Zawahiri tells Zarqawi that when the seems to me, that there are those who Washington—in fact, there are—who, of United States leaves Iraq, al-Qaida would call for an artificial deadline for course, criticize what we are about and must be prepared to claim the most po- withdrawal, unfortunately to try to armchair generals who want to direct litical territory possible in the inevi- generate public opinion in a way that our combatant commanders and those table vacuum of power that would arise. breaks our resolve and increases the who actually have the responsibility of Yes, that is right; a premature with- likelihood that we will leave before we conducting our national security and drawal of our troops from Iraq would national defense operations, I thought get the job done. create a safe haven for al-Qaida. Iraq I am grateful that a bipartisan ma- it appropriate to point out that even would be more dangerous—not less—if jority of the Senate rejected that arti- though there are those who dramati- we fail to finish the job. An early arbi- ficial timetable for withdrawal and cally undervalue our efforts in Iraq, trary withdrawal from Iraq would em- made a commitment, as I see it, to there is a huge chasm, it seemed to me, power and embolden the sworn enemies stay and get the job done until Iraq between what I saw there in Bryan-Col- of America and, indeed, all civilization gets back on its feet and has a reason- lege Station at the Brazos Valley Vet- and anybody who disagreed with them. able chance of succeeding as a peaceful erans Memorial Friday night and what Failure to stay the course and con- and democratic country. I hear argued in the halls of the U.S. tinuing to lay the foundations of a Last week, our country celebrated Congress, including this morning. I am functioning democracy would result in Veterans Day, last Friday, the day we glad to report the obvious to all of us more—not less—terrorist attacks. set aside each year to honor the brav- who live and represent constituencies Let me say that again because there ery and the sacrifice of our men and around the country, that patriotism is are actually some who make the spe- women in uniform who serve our coun- alive and well, and our fellow citizens cious argument that our very presence try. I had the chance, as did many of realize that we must continue to sup- in Iraq results in more terrorist at- us, to return to my home State. I report our men and women in uniform in tacks. But the failure to stay the turned to Texas. I went to a ceremony their brave and selfless and noble ef- course, the failure to finish the job at the Brazos Valley Veterans Memo- forts. that we started in Iraq, and to continue rial to honor these brave men and I have come to this Chamber several to lay the foundations of a functioning women. I have must say, I was struck times during the past few weeks to democracy, would result in more—not once again at the great chasm that speak about the situation in Iraq and less—terrorist attacks. seems to separate the rest of America to do my small part in refuting the This letter from Zawahiri to Zarqawi from the echo chamber here inside the false charges by some partisans that makes that clear. Once they see Amer- beltway in Washington, DC. I was re- the administration has manipulated in- ica leave Iraq, once they fill the vacu- minded of the differences in perception telligence in the lead-up to the war. I um that exists, that is where they of what it is we are about and the obli- wish to reiterate my view that we must would continue to train, that is where gation we have to support those men not let the politics of the moment un- they would continue to recruit, and and women in uniform who are fighting dermine the path to democracy in Iraq. that is where they would continue to for what we believe in. We know they Such a decision, such yielding to such export terror. Anyone who believes are fighting for what they believe in, a temptation would be incredibly there would not be a greater prob- and they do so even when the going shortsighted considering how much has ability of our sustaining another 9/11 gets tough. They do not cut and run been accomplished in a relatively short on our own soil is kidding themselves. when it becomes politically expedient period of time and how dear our invest- Some of the administration’s critics to do so. ment has been, both in terms of the are now arguing, as we heard this I had the chance to look across that lives lost and the money the American morning, for a timetable to withdraw audience. We had a large collection of taxpayer has committed to this noble from Iraq. Their actions are nothing World War II vets, people like my dad effort. We must stay the course in Iraq. more than an attempt to gain the at- who flew in the Army Air Corps out of If our troops were to leave pre- tention of a concerned nation for polit- Molesworth, England, flying a B–17. Ul- maturely, what would happen? It is ical advantage rather than a serious timately he was shot down and cap- likely that the country would collapse strategy for victory. Armchair generals tured and spent 4 months in a German into chaos. Terrorists such as Ayman in Washington, DC, are hardly in a po- prison camp before General Patton and al-Zawahiri, al-Qaida’s No. 2 operative sition to know what is the best mili- his colleagues came along and liber- and Osama bin Laden’s deputy, and tary strategy in Iraq. We ought to lis- ated him and his fellow POWs. But as I Abu Masab al-Zarqawi, al-Qaida’s chief ten to our combatant commanders,

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.055 S15NOPT1 S12824 CONGRESSIONAL RECORD — SENATE November 15, 2005 such as General Abizaid, the CENTCOM cared nothing for human life and who are injured. A wedding reception was commander, and General Casey, who is used weapons of mass destruction on underway in one of the hotels, and on in charge of coalition forces in Iraq. his own people. I have seen, as have the day after what should have been They have told us we have to finish the others in this body, the mass graves the happiest day of their lives, a young job, that we can finish the job, that where at last count at least 400,000 Jordanian bride and her groom each there is no military on the face of the Iraqis lie dead because of the ruthless- had to bury their slain fathers. Earth that can defeat the United ness of this blood-thirsty dictator. It I know my colleagues join me in States of America; that the only one was only 2 short years ago that the completely condemning the terrorists who can defeat the United States of people of Iraq were oppressed by this behind this attack. America will never America is the United States itself—by brutal dictator. Those who privately give in to terrorists and their murder losing our resolve, by prematurely yearned for freedom kept silent out of of innocents. Unthinkable evil like withdrawing, by cutting and running, fear for their lives and the lives of that only strengthens our resolve to and leaving the Iraqis to fend for them- their family and other loved ones. But fight terror and bring those who prac- selves in what would surely descend that is no longer the case. tice it to justice. into chaos. We have seen and continue to see According to our great ally King Our withdrawal from Iraq should be that our strategy is working. The Iraqi Abdullah II of Jordan, the targets of determined by the military com- people will vote in elections next these Muslim terrorists were not manders on the ground and our Com- month. I make a prediction that their Americans, but fellow Muslims. The mander in Chief. All of us who have turnout in these elections will be hotels were well known to be fre- been to Iraq to visit our troops on the broad-based, across all the sects in quented by Jordanians and Iraqis. ground are confident that over time Iraq, and their turnout will exceed the The terrorists’ hope is that by at- the 210,000 or so Iraqis who have now turnout we see in this country in our tacking America’s allies, like Jordan, been trained to provide security for national elections. We saw that happen they can frighten those countries into their own people sooner or later will be with, I believe, the 63-percent turnout abandoning the War on Terror, and di- able to take this job upon themselves in the vote to ratify the Constitution. vide the grand coalition of free nations and we can begin to gradually, as cir- It now appears that the Sunnis, many who oppose them. That appears to have cumstances dictate on the ground, of whom boycotted that election, will been the purpose of the Amman at- bring our troops home. finally participate in full force in elect- tacks. Do all of us wish our troops could ing their first leaders in a permanent Well, the terrorists will not get what come home sooner rather than later? government. they want. I wish to bring to my col- You bet we do. We want them to come I hope the Members of this body who leagues’ attention the inspired words of home as soon as we can get them home, yield to the temptation to politicize His Majesty King Abdullah, given consistent with our duty to finish the this issue realize their remarks run the shortly after the terrorists struck. Be- job we started in Iraq. But we should real risk of not only dividing Ameri- fore this bombing, King Abdullah was not under any circumstance impose an cans but undermining the resolve for America’s steadfast partner in the War arbitrary timetable on our forces, sig- the important task we have at hand, on Terror. Today, if possible, he stands naling weakness to our enemy, and devalue the sacrifice of our brave even more aligned with our effort to emboldening them to stay with their men and women in uniform and the fight terror. strategy because it must be working, noble cause they are about. King Abdullah and the Jordanian and we must keep going even though it I yield the floor. people will not be swayed by the ter- is tough. Our troops in Iraq are com- f rorists. mitted to victory. In fact, we saw the demonstrators in I mentioned the chasm that sepa- MORNING BUSINESS the streets of Jordan—not against the rates Washington, DC, and these Cham- Mr. MCCONNELL. Mr. President, I King but against the terrorists. bers from the rest of America when it ask unanimous consent that there now The day after the bombings, the King comes to the perception of what we are be a period of morning business, with declared: ‘‘We will not be intimidated about in Iraq and the fight for free- Senators permitted to speak for up to into altering our position, nor will we dom’s cause. There is also a huge dif- 10 minutes each. abandon our convictions or forfeit our ference when you travel to Iraq and Mrs. MURRAY. Mr. President, I will role in the fight against terrorism in talk to our troops. They wonder at not object, but I would amend the all its forms.’’ He continued, ‘‘To the some of the news reports and some of unanimous consent request by asking contrary, every act of terrorism the politicalization of what they are unanimous consent that Senator COL- strengthens our resolve to adhere to about, that they aren’t confused about LINS and I have 40 minutes equally di- our convictions, and to confront, with their job, they aren’t confused about vided after the Senator from Kentucky all the means at our disposal, those the nobility of their cause and the im- speaks. who seek to undermine the security portance of what they are about. Our The PRESIDING OFFICER. Is there and stability of this country.’’ troops in Iraq are committed to vic- objection? We all applaud King Abdullah for his tory. I hope our elected officials would Without objection, it is so ordered. strength and commitment to this fight. show the same resolve here at home. The Senator from Kentucky is recog- He refuses to bend to fear. His vision of As every one of our military per- nized. a Jordan that rejects terror strength- sonnel in Iraq understands, Americans f ens the will of every Jordanian, even do not cut and run, Americans do not those who emerged bloody and scarred CONDEMNATION OF THE AMMAN abandon their commitments, and from these atrocious attacks, to see TERRORIST BOMBINGS BY KING Americans do not abandon their this struggle through. ABDULLAH II OF JORDAN friends. King Abdullah also deserves praise We must remember that it is in the Mr. MCCONNELL. Mr. President, I for his message that Islam is a religion absence of democracy, in the absence rise to express my deepest condolences of peace, and that the terrorists are of the rule of law that extremism ap- to the families of the innocent victims not protectors of the Muslim faith but pears. When the rule of law is imple- of the brutal terrorist attacks that oc- defilers of it. He is one of the world’s mented, when people have a forum by curred in Amman, Jordan, last Wednes- foremost voices for moderation and which to redress their grievances as we day. Homicide bombers, wearing deadly tolerance in Islam. He understands do in democratic circumstances, this is explosives under their clothes, entered that the War on Terror is not a war be- when the radical ideologues are stifled three popular and crowded hotels and tween America and Islam, as some of and even extinguished. detonated themselves. Jordanian au- the most radical terrorists try to paint We have to remember how far the thorities have determined the attack it, but actually a war between a small, Iraqi people have come in such a rel- was the work of al-Qaida. fringe faction of violent extremists on atively short time—from a time when So far, 57 are thought dead, among one hand and a coalition of all free- they were ruled by a dictator who them a number of children; many more dom-loving peoples, Muslim, Christian,

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.064 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12825 Jewish and Hindu among them, on the tion of S2008 are printed in today’s It is critical that we continue to other. RECORD under ‘‘Statements on Intro- manufacture in this country. Is it I ask for unanimous consent that the duced Bills and Joint Resolutions.’’) changing? Has it changed? Of course, it entirety of King Abdullah’s statement The PRESIDING OFFICER. The Sen- is now high-tech manufacturing. When on the Amman bombings of last week ator from Michigan. you walk into an automobile factory, be printed in the RECORD. f it looks very different—quiet, clean, There being no objection, the mate- computers, highly skilled workers—but ORDER OF PROCEDURE rial was ordered to be printed in the we have to maintain a strong, vibrant RECORD, as follows: Ms. STABENOW. Mr. President, I ask manufacturing economy. We cannot HIS MAJESTY KING ABDULLAH’S ADDRESS TO unanimous consent that following my just step back and say we are going to THE NATION FOLLOWING THE AMMAN BOMB- remarks, Senator DURBIN be recog- be a service economy now and let the INGS, NOVEMBER 10, 2005, AMMAN, JORDAN nized. rest of the world make things and grow I would like to begin by extending my pro- The PRESIDING OFFICER. Without things. That will lead to what is now found condolences to the families of all the objection, it is so ordered. becoming a race to the bottom for innocent victims who were killed, and we are Ms. STABENOW. I thank the Chair. American families. praying for a swift recovery for all of those f The Economist Magazine recently re- who were injured. ported a disturbing fact. This year, This is not the first time that Jordan has ASIAN TRADE manufacturing jobs in the United been a target of terrorism. It is also not the Ms. STABENOW. Mr. President, States dropped below 10 percent of the only country that has been a victim of ter- population for the first time in history. rorism; there have been many countries in President Bush arrived in Japan today the region and throughout the world which and will meet tomorrow with Prime This is not acceptable if we are going have been similarly terrorized by attacks of Minister Koizumi. Later this week, he to continue to have our way of life in greater scope and intensity. will travel to China to meet with their this country, and it is not necessary. If We know, however, that Jordan has been President as well. It is time that we in- anyone believes that the middle class targeted more than any other country for sist that the President use this oppor- in this country can survive without a several reasons, among them, its role and its tunity, this important opportunity, to vibrant manufacturing sector, they are message defending the essence of Islam—the demand changes, changes in our eco- mistaken. As I indicated, we must religion of moderation and tolerance that ab- make things in this country and add hors the terrorists who kill innocents in Is- nomic relationship with China and lam’s name, even as Islam is innocent of with Japan. The President needs to value to it as we do so, as well as grow such crimes. say, as he is there with those leaders, things. That is a foundation of our Let it be clear to everyone that we will that we will no longer accept their ille- economy, and that is what has created pursue these terrorists and those who aide gal trade practices that are costing the wonderful middle class and the them; we will reach them wherever they are, American jobs, and we demand that wonderful way of life we have enjoyed pull them from their lairs and submit them changes be made; we no longer accept for so long as Americans. to justice. the fact that China and Japan manipu- We can do better than this policy Jordan does not bow to coercion. We will that is currently in place. not be intimidated into altering our posi- late their currency, which means their products are artificially lower than The President must demand that tion, nor will we abandon our convictions or China and Japan stop manipulating forfeit our role in the fight against terrorism ours when they sell them into this in all its forms. To the contrary, every act of country; we no longer accept that they their currency. When they undervalue terrorism strengthens our resolve to adhere are stealing our patents and our intel- their currency, it makes U.S. exports to our convictions, and to confront, with all lectual property. to China artificially more expensive means at our disposal, those who seek to un- Last week, I was pleased to author a and places U.S. manufacturers at an dermine the security and stability of this letter to the President with that very unfair disadvantage in the Chinese country. message on behalf of myself and 14 market. It also makes their imports to Our confidence in the security services and us artificially less expensive, hurting their ability to protect the security of this other Senators, urging him to make 2 major changes in our relationship with manufacturers and costing American country and its stability remains unwaver- jobs. When they undervalue their cur- ing. We have succeeded in preventing many these important nations: No. 1, we need planned attacks on this country. For every to end the rampant counterfeiting of rency, it is essentially an illegal sub- sidy of imports from China and a large infrequent success terrorists have had in car- American products that is occurring in tax on U.S. exports to China, and we rying out one of their crimes, we have had China. It is estimated that 7 percent of need to call it the way it is. The Presi- many more successes in foiling their plots. world trade is in counterfeit goods, I appeal to every citizen—man and dent needs to be in China and call it for that the counterfeit market is worth woman—of this country to consider himself what it is. or herself a soldier and a security officer. $350 billion. It is estimated that in the We are projected to finish this year Each one of you has a responsibility to pro- auto industry alone, we lose over $12 with a record trade deficit of more tect your country. Circumstances require billion annually to counterfeit auto than $700 billion. That is more than the each and every citizen to be cautious and parts, parts that are unsafe as well as budget deficit, up $100 billion over the vigilant, and to cooperate with the security costing us jobs. If you stop this illegal services to prevent any attack on the secu- record $618 billion last year. China ac- activity, the auto industry could hire counts for $200 billion of this deficit, rity and stability of this country. We must an additional 200,000 workers—200,000 be united in confronting these terrorists, more than a quarter of the total trade who have neither a religion nor a conscience. workers in Michigan. That would equal deficit in our country. China is the I am confident that the patriots of Jor- our ability to cut our unemployment largest contributor to the U.S. current dan—men and women—will maintain, as rate by two-thirds—200,000 people who account trade deficit, and therefore ad- they always have, a watchful eye over the are now challenged with losing their justment of its currency has to be a country and its security, and will be the first way of life, trying to figure out what part of anything we do in revitalizing line of defense in protecting Jordan and its they are going to do if they are making the manufacturing sector. achievements. Jordan will continue, with the half or a third less of what they used to help of God and the determination of its peo- China is not the only offender here. ple, to overcome evil. make because of what is happening in In 2003, the Bank of Japan spent $190 Finally, all my thanks and appreciation go manufacturing in our country. People billion in global currency markets in to our security, military and civil institu- are paying more for health care and order to manipulate and artificially tions, as well as to the citizens of Jordan may very well lose their pension. weaken the yen. Japan continues this who have acted as one in confronting the at- We can do something about this if we practice today by talking down the tacks on our precious capital, Amman. simply change our relationship and value of their currency, promising Mr. MCCONNELL. Mr. President, I send a strong message that we are intervention if the yen moves out of a yield the floor. going to put American businesses and predetermined trading range. The PRESIDING OFFICER. The Sen- American workers first. Our middle The President must insist that this ator from Washington is recognized. class clearly was built on manufac- stop if we are going to continue to have (The remarks of Mrs. MURRAY and turing, and our manufacturers are hav- a relationship, an economic relation- Ms. COLLINS pertaining to the introducing a hard time these days. ship with both of these countries. In

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.034 S15NOPT1 S12826 CONGRESSIONAL RECORD — SENATE November 15, 2005 fact, we can do something about cur- To American manufacturers, you are said: Can you help me through this? rency manipulation right now. Every 6 on your own; American workers, you And her son came to me and said: Sen- months, the Secretary of the Treasury are on your own. ator, what have you done to us? I just submits a report to us as to whether Mr. President, I believe that we are took a look at the Internet, and my countries are manipulating. We expect in this thing together, and Americans mom has 40 choices. I now have to line to have a report in front of us this understand that we have a stake in up her prescription drugs and figure month, the month of November. Unfor- what the rules are and an economy out which plan covers those drugs and tunately, I expect it to say what it has that works for everybody, an economy how much they charge, and then I have always said, which is technically they that puts Americans and American to figure out which plan will work with are doing what we all know that they businesses first so that we can con- the drugstore that she is comfortable are doing, we all know. Any tinue the great way of life that we have with, the one she trusts. I have to put businessperson in my State can tell had in this country. Americans know that all together and make a decision you that China is manipulating their that we are in it together and that to- for her, and I better do it quickly. I currency. Talk to people in the auto in- gether America can do better. I call have until May 16, and if I wait until dustry, they will talk about Japan. upon the President to join us in the after that, then I am going face a pen- And yet our own Treasury Secretary fight for our way of life in America. alty. will not certify it is happening, giving I thank the Chair. She is lucky. She had her son to call. us the tools to enforce against this ille- The PRESIDING OFFICER. The Sen- Some seniors don’t have anybody to gal trade practice. ator yields the floor. call. But there are people calling them. Let me be very clear. Currency ma- The Senator from Illinois is recog- Do you know who is calling them? The nipulation kills American jobs, and it nized. insurance companies that want to sell is illegal, it is illegal under the WTO Mr. DURBIN. Mr. President, I thank these plans, some of the pharma- and IMF obligations. China says they the Chair. ceutical companies, some of the drug want to be a part of the world commu- f companies, they are calling the senior nity, the world marketplace. They PRESCRIPTION DRUG PLANS citizens and telling them: We have a have been allowed to do that. We now deal for you. And many of these people, need to say to them very strongly, with Mr. DURBIN. Today is the opening bewildered by what they are facing, this opportunity comes the responsi- day for the new Medicare prescription really don’t know where to turn. You bility to follow the rules. drug plan D, and it is a day of great can’t walk into a drugstore in my One of the things that is extremely concern across America for millions of hometown of Springfield, IL, without concerning to me, when you look at senior citizens who want to get it having somebody go up to a senior cit- currency manipulations, we have lost right. They believe, as I do, that Medi- izen and say: Let me talk to you about over 1.5 million manufacturing jobs be- care should include a prescription drug this prescription drug benefit. cause of this one policy that is illegal. benefit. It is almost hard to believe Think about that. Some people have The Treasury Secretary can do some- that a program that has been in exist- knocks on the door and phone calls thing about that by simply certifying ence for 40 years basically does not pro- with folks saying: We have the best that it is happening, and the President vide prescription drug coverage, but it plan in the world for you. In fact, the of the United States right now this started in a day when there were not Attorney General of Illinois, Lisa Mad- week can look the President of China that many prescription drugs and they igan, had a press conference with us a in the eye and say this is no longer were not as good. Today, we realize few weeks ago. They are finding evi- going to be tolerated by the United that often taking the right medication dence of rampant fraud when it comes States of America, we will not con- can make a person independent, strong, to companies that are sadly taking ad- tinue to lose manufacturing jobs and and living the life they want to live vantage of our seniors. They are call- our quality of life in this country be- and avoiding doctors’ care and hospital ing them and saying: Incidentally, will cause they are not following the rules. care. you give us your Social Security num- Cheating is no longer allowed by China So it is certainly the thing to do. We ber so we can log you into the system? and by Japan. have known it for a long time. We have These people unwittingly give their So- The bottom line is we can no longer talked about it for a long time. We de- cial Security number that can open up continue to sit on the sidelines while bated it over 2 years ago and decided to so many elements of their personal life our trading partners continue to artifi- pass this approach to Medicare pre- they should not be advertising and pub- cially control prices, look the other scription drug benefits. I do not think licizing. way when it comes time to enforce in- we could have dreamed up a more com- How did we ever reach this point? Is tellectual property rights, and fail to plicated approach for a benefit that is this the best we can do? I don’t think live up to their obligations under the basically pretty straightforward. Many so. When it comes to helping our sen- WTO and the IMF. It is not acceptable of us thought the plan we passed here iors with a real prescription drug ben- to say that we are going to throw open in Congress was just a sop or a favor efit, America can do better—a lot bet- our economy in the international mar- for the pharmaceutical industry. They ter—than what we are asking the sen- ketplace and not care what the rules wanted to be able to offer plans all iors to go through right now. American are. across America and say to seniors: seniors are confused about this plan, Every other country cares what the Come and figure out which one is best and Congress needs to give them at rules are. The European Union took us for you. Well, the problem, of course, is least more time to figure it out. to court because they felt we were un- that there are hundreds and hundreds Let me show a chart that explains fairly subsidizing our businesses. They of plans across America. And now sen- part of it. ‘‘Understanding How the won. We changed our tax laws. We are ior citizens, some of whom are not in Benefit Will Be Administered.’’ They the only country that does not seem to the best shape physically, are forced to asked seniors: have policies that get it. This adminis- make a call. To the best of your knowledge, do seniors tration doesn’t understand they are A fellow in Springfield, IL, told me in the traditional Medicare Program have to supposed to be on the same side of the about his 80-year-old mother who sign up with a private plan to get the new table with American workers and called him really concerned. She said: Medicare drug benefit or not? American businesses. It is time for You know, I am supposed to pick a pre- Yes, 35 percent; no, 32 percent; don’t that to happen. I urge the President to scription drug plan, and they tell me to know, 33 percent. act now before our manufacturing go to the Internet. What does that Do seniors have to enroll in a Medicare economy and our middle-class way of mean? You see, three-fourths of senior PPO or HMO to get the new Medicare drug life is taken from us. citizens have never logged on, they benefit or not? Current Federal policies are based on have never been on the Internet. They Yes, 17 percent; no, 40 percent; don’t a philosophy that says to Americans, go to the traditional sources of infor- know, 42 percent. you are on your own in a global econ- mation that you might expect—some- According to a poll released by the omy; you are on your own, good luck. one they trust. She went to her son and Kaiser Family Foundation last week,

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.068 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12827 two-thirds of seniors don’t even know trouble than most seniors could ever one out of four seniors who have ever they have to choose a private plan. imagine. For every month a senior done that in their life, for companies. One-third of seniors think they are waits, they will pay a penalty of 1 per- First, she has to find the Web site be- going to get their drugs through Medi- cent on the national base premium. cause they are not listed in the Medi- care, and that is wrong. That is the That penalty is added to their premium care handbook sent to seniors. Once proposal we suggested on the Demo- every month for the rest of their lives. she knows which companies cover the cratic side of the aisle to make this So by May, if you haven’t figured it drugs, she will have to add up the simple and straightforward, a Medicare out and you want to wait until October copays, deductibles, and premiums to plan where the Federal Government or November, you now have incurred a determine the best deal. Is that the would bargain with the pharmaceutical penalty of 1 percent a month which you kind of assignment you want to give to companies to get bulk discounts and now will have to pay as long as you are your mother in a nursing home? Is that low prices, saving seniors money and part of the program, and the penalty the kind of assignment you want to saving taxpayers money. But the phar- can increase each year as premiums in- give to seniors perhaps dealing with maceutical companies wanted no part crease. This is some punishment for their own challenges and problems in of it. They want to be able to charge not signing up. their life? Unfortunately, that is the assign- the highest prices they can. They want Let me talk about my State of Illi- ment this bill does give. When the Kai- the smallest bargaining units they can nois. There are 17 insurance companies ser Family Foundation told seniors come up with: groups of seniors rather offering 84 different Medicare HMO or they would have more than 40 plans to PPO plans. There are 16 prescription than all Medicare seniors. choose from, 70 percent of seniors said Let me show another chart which drug organizations offering 52 different more plans make the program con- spells out some of the problems with prescription drug benefits, for a total fusing, and that is obvious. the current approach seniors are fac- of 136 plans in my State of Illinois. In Sally Moss from Jacksonville, IL, ing. This chart—and this was part of a Cook County alone, there will be 64 dif- wrote to me and said: survey by the Kaiser Family Founda- ferent Medicare drug plans. On my kitchen bar sits material I have re- tion, Harvard School of Public Health, I asked my staff to act as if they are ceived in the mail from Social Security, on awareness and use of the Medicare a senior signing up for this plan and AARP, and companies advertising their Web site, medicare.gov. They asked find out what they can. You won’t be plans. seniors: able to make much of this if you are The PRESIDING OFFICER. The Sen- Have you ever heard of the Web site medi- following this debate. But if you think ator from Illinois has exceeded the care.gov? that is a big, long list of plans to time allotted in morning business. Two-thirds said no. choose from in the State of Illinois, Mr. DURBIN. Mr. President, I ask Have you ever looked for information on that is half the story. Here is the whole unanimous consent for 8 additional medicare.gov? story. This is what your mother and minutes. Three-fourths of them have never grandmother, your father and grand- The PRESIDING OFFICER. Without been online. father will have to sort through. They objection, it is so ordered. Let me show some other statistics will have to figure out what the pre- Mr. DURBIN. Mr. President, Sally that show the gravity of this problem mium might be, what the deductible is, Moss wrote: that faces seniors as they have to make what is the copay, whether they are On my kitchen bar sits materials I re- literally life-and-death decisions. going to fill the donut, which is an- ceived in the mail from Social Security, other problem with this plan, whether AARP, and companies advertising their The Kaiser Family Foundation asked plans. in a survey, ‘‘Seniors’ Beliefs about En- it covers your drug. Periodically, I sit down to try to make rollment’’: Incidentally, you know what we sense of it, knowing that I need to make a Do seniors generally need to sign up to get found out, even if you get on their Web decision before long. This idea of having to the new Medicare prescription drug benefit site, you can’t find out if the most select a drug insurance plan from the private or will coverage automatically begin by Jan- common drugs are going to be covered sector is the most ludicrous thing. . . . I am uary 1, 2006? by these plans. We tried to find out if only 66 years old, with a major in business Have to sign up, 64 percent; 10 per- Zocor, a common drug for cholesterol, administration and a minor in computer science, and have only been retired for 16 cent said it will begin automatically; would be covered by these plans. Not in months. If I am frustrated and confused, 25 percent, don’t know. That was in Oc- a single instance could we gather that imagine those who are much older and less tober 2005. information off the Web site. You have educated. We are finding fewer and fewer sen- to call the plan. You are put into voice What can seniors do at this point if iors understand the obligation and re- mail. You have to wait patiently until they don’t have someone in their fam- sponsibility they currently have. If a your turn comes to ask whether one of ily they can turn to, whom they can senior does not sign up for a Medicare these plans is the best plan for you. trust, who will help them work through drug plan in 2006 but wants to enroll in This chart is what a Cook County this morass of Government redtape to a future year, which of the following is senior who doesn’t have any extenu- get to the plan for them? Turn to a true: He or she will face a financial ating circumstances would have to group that doesn’t have a financial in- penalty? Thirty-six percent said yes; 27 evaluate. What I mean by ‘‘extenuating terest in your situation. Never, ever percent said don’t know; 19 percent circumstances’’ is whether they face give out your Social Security number. said no penalties; 17 percent said factors that make the comparison of Go to Government agencies such as the maybe. these plans even more difficult. This Senior Health Insurance Program in Most alarming, 63 percent of seniors person I am talking about is not in a my home State of Illinois, but be pre- don’t know they will face financial nursing home, not eligible for State as- pared for a long wait. We had our office penalties if they don’t sign up by May sistance through Illinois Cares Rx or call on behalf of some seniors to find of next year. If a senior decides in June Medicaid, not eligible for Federal low- out how long it would take to get in- of next year to go back and try to sign income assistance, nor is she on Social formation, and it turns out you are put up, they will have to wait until Novem- Security disability. in voice mail and you could wait for a ber of that same year for the next open We assume she is taking four drugs: long time. enrollment period. Boy, you have to Zocor for cholesterol, Nexium for In Peoria, IL, there are 23 volunteers read the fine print. And to think we are chronic heartburn, Fosomax for answering the phones. They tell us putting millions of seniors through osteoporosis, and Relafen for arthritis. they need 100 to get the job done in this is hard to believe. Because the formularies—the list of that one town. I would say this: If you enjoy doing drugs you can receive under each It is not uncommon for seniors to at- your tax returns, you are going to love plan—are not listed in the ‘‘Medicare tend two or three informational ses- signing up for this program because and You’’ handbook she received last sions because this benefit is so com- this is going to confront you with more week, she has to call every single plan plicated. Some seniors get pretty emo- choices and more new information and to find out if her drugs are covered, or tional. They don’t want to make the more fine print that can get you in she can go out to the Web site, if she is wrong decision.

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.070 S15NOPT1 S12828 CONGRESSIONAL RECORD — SENATE November 15, 2005 In DeKalb County, there are four between myself and the Senator from able to address it in a way that can counselors for the whole county. Bob South Carolina, and that we may be spread out the burden and create better Rosemier is so concerned about the permitted to engage in a colloquy dur- opportunities for future generations of lack of staff that he is trying to get the ing that time. retirees, and just as importantly, fu- DeKalb County Board to put on coun- The PRESIDING OFFICER. Without ture generations of taxpayers and selors to explain this complicated Fed- objection, it is so ordered. American families trying to keep the eral program. f quality of life and, in fact, improve the I am cosponsoring with Senator NEL- SOCIAL SECURITY GUARANTEE quality of life that we have in America. SON and Senator SCHUMER a bill called ACT OF 2005 But we did not get that accomplished. the Medicare Informed Choice Act of What Senator DEMINT and I have de- 2005. I ask any of my colleagues in the Mr. SANTORUM. Mr. President, Sen- cided to do, in cooperation with our Senate who are receiving phone calls ator DEMINT and I are here tonight to leadership in the Senate, is to try to from seniors in their State facing the talk about an issue that has drifted to take a first step. Using football analo- same problems I just described—find- the back burner of American political gies, which I know the Senator from ing it almost impossible to wade discourse. It is unfortunate that it has. Virginia, Mr. ALLEN, loves to use, we through this information and make the It is an issue that both the Senator and tried to throw the long ball and march right choice, concerned they won’t be I, and I know many others on this side down the field, but we are going to try able to do it even in the few months we of the aisle, have worked to accomplish to run off tackle here and see if we can have given them, worried over the pen- diligently now for many years, for me pick up a yard or two to move the ball alties that could be assessed against since 1995, trying to grapple with the down the field to get to the goal of pro- them if they miss the next May 16 shifting demographics and the changes viding retirement security for future that are coming to this country when deadline—to help us pass this bill be- generations and saving and strength- it comes to the issue of entitlement fore we go home for Thanksgiving. ening the Social Security system. This bill does three things. It delays programs. The first play in trying to accom- There is no more important entitle- the late enrollment penalties for an ad- plish that is legislation that I have in- ment program that we have to preserve ditional 6 months so people have an en- troduced called the Social Security and protect and save than the Social Guarantee Act of 2005. As I mentioned tire year to sign up without penalty. It Security system. It is the bedrock upon before, Americans work very hard and gives every Medicare beneficiary the which our seniors have the security to pay a lot of money. It is the biggest tax opportunity to make a one-time meet the needs they have in their later that most Americans pay. The over- change in plan enrollment at any point years in life. in 2006, so if a senior makes a mistake We understand this demographic whelming majority of Americans, the and chooses the wrong plan, it can be timebomb of the baby boom genera- biggest tax they pay is the Social Secu- remedied. It also protects employees tion, people living longer, lower birth rity tax. From the tax they pay, they from being dropped by their former em- rates, all of those things come together expect that benefit to be there when ployer’s plan during the first year of to create a demographic perfect storm they retire. implementation so that beneficiaries that causes the Social Security not to The point is, for those who are at or have time to correct enrollment mis- be able to pay for the benefits promised near retirement, the answer is that it takes. to future retirees. We have tried to put will be there. In fact, in looking at the The Medicare Informed Choice Act is forward solutions. I put forward solu- long-term problems of dealing with So- cial Security, there is nothing this a modest, time-limited step we can tions. Senator DEMINT has put forward take to ease the pressure on our senior more than one solution. Other people Congress should do to affect the near- citizens so that in the first year they on this side of the aisle have done so. term retirees and those who are retired get the decision made and made right, The House has done so. The President today. We have said over and over and if they make a mistake, they will has put forward ideas on how to ad- again, those of us who have been advo- not be penalized for it. dress this problem. We have done so be- cates for strengthening the system, I urge all my colleagues, if you because we believe it is important for us whether it is the President or Senator lieved passionately in this bill as it was to step up to the plate and be serious DEMINT or Senator FRIST or others, passed—and I did not—at least be sen- about addressing this serious concern that we do not want to do anything to sitive to the people back home who are that millions of Americans who are re- impact those who are near-term retir- struggling to make sense out of this tired, near retirement, and even young- ees and those who are already in the complicated measure. I urge all my er Americans have about their ability system. colleagues to join me in the effort with to collect their Social Security check. The reason is twofold. No. 1 is we do Senator NELSON and others to help pro- We fought hard to bring this debate not have to. The system is solvent. In tect Medicare beneficiaries during the to a head on the floor of the Senate. other words, there is more money com- benefits implementation period. Unfortunately, we have not succeeded. ing in than we need to pay out over the f We have not succeeded because we have next 15-plus years. Therefore, we do not been met with a partisan obstruc- need to have any kind of fixes for those UNANIMOUS-CONSENT REQUEST— tionism that is as rock solid as the in the short term. The problem is out S. 1841 marble before me on the rostrum. in the long term. Mr. DURBIN. Mr. President, as I ad- The fact is, we have seen no coopera- The second reason is a matter of fair- vised before I started speaking, I ask tion at all from the other side of the ness and equity. To change the game unanimous consent that S. 1841, the aisle. Unfortunately, we have not seen literally before someone crosses the Medicare Informed Choice Act, be dis- any attempt to come to the table and finish line, to move the finish line—or charged from the Finance Committee try to solve the problems of Social Se- even the people who have already and that the Senate proceed to its im- curity that all sides of the spectrum crossed that finish line and have ended mediate consideration. admit is looming for future generations up in Social Security, to move it back The PRESIDING OFFICER. Is there of retirees. That is unfortunate. It is would simply be inequitable. People objection? unfortunate because we have had an would not have the opportunity to plan Mr. DEMINT. I object. opportunity this year to address an im- for that, and it could be very disruptive The PRESIDING OFFICER. The portant issue before the crisis strikes. to their retirement. Chair hears an objection. One of the great complaints that So what Senator DEMINT and I have Mr. DURBIN. I yield the floor. Americans have about Congress is that suggested in the Social Security Guar- The PRESIDING OFFICER. The Sen- we wait until the problem is almost antee Act is that we put in writing in ator from Pennsylvania. overwhelming us before we do anything the statute what everyone has sort of Mr. SANTORUM. Mr. President, I to react to it and therefore end up with agreed to in casual conversation and ask unanimous consent to speak for up less-than-optimal solutions. even beyond casual conversation. If we to 40 minutes as in morning business We have an opportunity now, as the can put that chart up, the Senate re- and that the time be equally divided crisis looms but far enough away, to be cently, March 15 of this year, all 100

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.072 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12829 Senators, including every Senate Dem- Mr. BAUCUS. Mr. President, I am Mr. SANTORUM. Mr. President, ocrat, in a rollcall vote, voted for the not going to spend a lot of time on this while I was trying to be courteous in Graham-Santorum amendment to the because this is just ‘‘kabuki’’ tonight. yielding to my colleague, I want to budget resolution. If we look at the Everyone knows this is not a serious make a couple of comments about what language, I will point to the part A. It effort. Everyone knows that this is an the Senator from Montana said. I says that Social Security reform attempt, frankly, to make a statement would hope he would go back and read ‘‘must protect current and near term to the press and the people back home. the Social Security Guarantee Act of retirees from any changes to Social Se- It is very disingenuous, in this Sen- 2005 because it does not do anything curity benefits.’’ ator’s view, because it is not serious, the Senator from Montana spoke of. So what the Social Security Guar- and it is playing with the lives of a lot What this bill simply does is guarantee antee Act does, which I am proposing, of senior citizens who wonder what is benefits in the law for people who were is to actually make it a Federal law, going on. born before 1950. It does not set up any not just a resolution, something that This consent asks the Finance Com- kind of personal account system. It we all think is a good idea, which is mittee to be discharged of the legisla- does not do all of the things that the what a resolution is, but actually put tion. I do not understand that at all. If Senator from Montana said. legislative language in place, put some- this is such an important issue, why The Senator from South Carolina thing in law that says that your bene- doesn’t the Finance Committee deal will talk about his Stop the Raid bill, fits are guaranteed, your cost-of-living with that? I think the answer to that is which simply takes money out of the increases are guaranteed in the Federal because there are not the votes in the surplus and puts it into accounts for law which, contrary to what most sen- Finance Committee. The majority of holders to make sure that that money iors believe, is not the case. There is a Republicans would not support this in is spent on Social Security benefits but Supreme Court case from 1960 which the Finance Committee. They know no administrative costs. All the things says that there is, in fact, no legal privatization of Social Security is one the Senator from Montana talked right that you have. of the worst ideas that has come out of about do not apply to either one of our Obviously, there are claims that can this body by any group of Senators in bills. be made in the political process to a long time. Why? The DeMint bill in- I understand there may be an objec- those rights, but as far as legal rights creases the Federal debt held by the in the statute, there is no guarantee to tion, but I would caution the Senator public by $1 trillion in current dollars from Montana that the objection can- that cost of living. in the first 10 years. It increases the It would be vitally important for us, not be under those terms because the Federal debt by $1.7 trillion the first 20 as we head into hopefully a longer term objections that the Senator from Mon- years. By 2080, the debt will be higher and more complete look at the Social tana cited are not in either one of the under current law by more than $800 Security system and saving that sys- bills. I yield to the Senator from South billion. So it is a massive increase in tem, that we start from the ground Carolina. the Federal debt. that we are not going to affect anyone Mr. DEMINT. I say to Senator Secondly, it will cause a huge in- who was born before 1950. That is basi- SANTORUM, as he can tell, I was origi- crease in the annual budget deficits for cally people 55 and older in our society nally hesitant to yield to our distin- the same reasons. guished Democratic colleague, but I today, we are going to say, If you were Third, what does it do? It means a re- am now so grateful that the Senator born before 1950, you are off the table; duction in benefits that would other- did yield because it made the case of we are not going to discuss it. We are wise go to Social Security recipients. why we need to guarantee benefits and not going to play politics with you. We Why is that? Because the money taken why we need to stop the raid on the So- are not going to scare you. We are not out of Social Security would not be cial Security surplus. going to threaten you. We are going to available to pay for Social Security Practically all the information that take these benefits and we are going to benefits. That will reduce the benefit we heard is untrue as it relates to my enshrine them in the law to protect payments out of Social Security. them from anyone playing politics The argument is private accounts bill, but the misleading information is with them or even trying to include would offset that. All studies show, at the best case for the Guarantee Act them in any kind of reform down the best, that is barely a wash, probably that Senator SANTORUM has proposed. road. worse than that because the private ac- It is so important, when people are get- This is a first step. It is a small step, counts would be subject to the vagaries ting untruths and so much misinforma- but it is an important one for our Na- of the markets. Over the long haul, tion that is intended to confuse them, tion’s seniors. I am hopeful we will be seniors would not be doing very well at that we reassure the American people able to get that done maybe even this all. that regardless of how we change So- evening. Add to that, it usually creates a huge cial Security to benefit future workers, I yield the floor to the Senator from risk. More than that, it creates a very that we are not going to change any- South Carolina. large administrative cost not recog- thing about the benefits of anyone who The PRESIDING OFFICER. The Sen- nized by the authors. was born before 1950. ator from Montana. I am honored to be presenting these Mr. BAUCUS. Mr. President, I am Jason Furman, from the Center on Budget and Policy Priorities, estimates ideas with Senator SANTORUM today. not going to spend much time, frankly. There is no one in this Congress and (Several Senators addressed the the plan would have administrative probably no one in this country who Chair.) costs of at least $25 billion over the has done more to protect Social Secu- The PRESIDING OFFICER. The Sen- first 10 years. That is above what is rity for this generation or the next ator from Pennsylvania and the Sen- paid now in the current Social Security than has Senator SANTORUM. ator from South Carolina control the system. time. Also, the DeMint proposal would I am also supporting this Guarantee Mr. BAUCUS. Mr. President, I ask treat individuals with different years Act because Americans know that we the Senator from Pennsylvania if I of birth in different ways. It would have a problem with Social Security. It may have 5 minutes. I have to leave cause an inequity among benefits of is disingenuous for any Member of the very quickly. Social Security recipients. Senate to suggest otherwise. So we Mr. DEMINT. We have been waiting So I am not going to say much more must guarantee in the face of these for several days to do this. We will about this. It is flawed. Frankly, it is a folks knowing we have a problem, but keep the time. phony gimmick. One has to call a spade we also must begin now the process of Mr. SANTORUM. I would be happy to a spade around here sometimes and not fixing the Social Security system so it yield. I will yield 5 minutes to the Sen- be too deferential, not be too nice, too will be there for younger Americans. ator from Montana, the ranking mem- courteous, but to call it a spade. This We can do that by, first, stop spending ber of the Finance Committee. is a fraudulent effort to play with peo- Social Security on other things. That The PRESIDING OFFICER. The Sen- ple’s lives, and at the appropriate time, is what we are doing right now as I ator from Montana. it will be appropriately objected to. speak.

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.079 S15NOPT1 S12830 CONGRESSIONAL RECORD — SENATE November 15, 2005 Americans know why we have a prob- tional dollars is spent without any rec- that is not true. It is not fair to tell lem with Social Security. Maybe Sen- ognition that we are creating a debt. If the American people that it is true. ator SANTORUM can add more later we save this money in Treasury notes There is no bank. There is no money. since he has done so many townhalls. where there is no risk to the American We need to start today to stop the raid There are many Congressmen and Sen- people, we have to start counting it as on Social Security money. ators who have gone out to talk about debt if we continue to spend it. This is Mr. SANTORUM. I ask the Senator Social Security, and they have had a secret slush fund that Congress has from South Carolina, one of the things many people stand up and say, Social used for many years—$1.7 trillion plus I hear, and I think you were alluding to Security would be fine if you folks in $775 billion. Congress, every year, this, is that some people believe that Congress would stop spending Social spends this money on other things and they actually have an account at So- Security on other things. They figured does not count it as debt. If we start cial Security where this money they out that every dime that comes in for saving it for Social Security, it will be contribute is sort of there—that is Social Security that is not needed for a debt if we continue to spend it. maybe what Congressman RANGEL was today’s retirees is spent on other pro- Only in Washington—and I am afraid alluding to—for them to sort of pay grams. only my Democrat colleagues—could their benefits out. Is that the fact, first If we could look at the next slide, say that saving money creates a debt. and foremost? Then I will ask my fol- since the mid-1980s we have had $1.7 I am afraid only a Democratic col- lowup. trillion of Social Security taxes that league at this point could say that sav- Mr. DEMINT. I have had people back have come in that were not needed to ing $775 billion of Social Security home, when we are talking about sav- pay benefits. Our colleagues will say money for Social Security actually ing Social Security and putting it in that that is safe and sound in the trust weakens the program. Their intent is personal accounts, tell me that is what fund but, frankly, if there is one fact to oppose ownership by the American they thought was already happening. that is true on this floor tonight, it is people who should own Social Security. They thought we were saving their that every dime has been spent on Their intent is to spend this $775 bil- money because we talk about a trust something else. Not one penny has lion on something else. fund. But the more people find out been saved for Social Security for to- I have heard my Democrat colleagues about the truth, when we say there is day’s retirees or for tomorrow’s retir- over the last couple of weeks talk not any money in the trust fund, first ees. about stopping the raid. They want to people smile and think I am not telling What we are proposing is to stop that stop the raid by increasing taxes. They them the truth. We need to tell Ameri- raid on Social Security. We are not have said that they stopped the raid. cans the truth. proposing a comprehensive change in That has never happened, and that is Mr. SANTORUM. The Senator got the Social Security system. In fact, not true because even when we were in into something that is a rather com- Americans would see no difference in surpluses as a nation a few years ago, plex concept, but it is really important the Social Security system. What we every dime of Social Security was for understanding the difference be- would start doing is to take the money spent. Some of it was spent to pay tween what he wants to accomplish that is not needed for Social Security down debt, but it was all spent. And and what goes on in the current sys- today and save it so that it would not not one penny, even when the Nation tem. That is, what your bill does is it be spent on other things. was in surplus, was saved for Social Se- creates an explicit debt. How is that Here is the proposition: Between now curity. We need to stop that practice different? What is the difference to the and 2017, we are going to spend another and be honest with the American peo- average person, that they have a spe- $775 billion of Social Security money ple. cific account with that money as op- on other things unless we pass this My Democrat colleagues have said posed to just sort of the general money Stop the Raid on Social Security bill. interesting things about stopping the that is owed to the Social Security We can see it year to year. This year it raid. Our distinguished minority leader trust fund? What is the difference? is almost $70 billion that came in for has said he supports the raid. He called Mr. DEMINT. Right now the largest Social Security that was spent on stopping the raid a ‘‘bad idea’’ that will tax most Americans pay is the 12.5 per- other things. Next year it will be well ‘‘threaten benefits and increase the cent for Social Security. That is thou- over $80 billion, and it will continue debt and weaken Social Security.’’ Get sands of dollars for the average Amer- until it disappears in 2017. At that that. We are going to save Social Secu- ican family every year. It comes into point, there will not be enough Social rity for Social Security and that weak- the Social Security system. It is cred- Security taxes to pay benefits, and we ens Social Security. It is amazing. ited to a trust fund. Then it is spent ei- will have to start moving money from Let’s look at another comment from ther on Social Security benefits or the general fund to make sure every Democrat leaders. This comes from our spent on other things. American gets their Social Security colleague in the House, Minority Lead- We have made Americans believe we check. er NANCY PELOSI: are saving that money for them, but it The Stop the Raid bill would take all There is nothing wrong with Social Secu- is all passing through. The only thing of this money, $775 billion, and put it rity lending money with the prospect of re- that is in the Social Security trust in Treasury bills so that it could not be turning it. fund is IOUs. Our President, who has spent on other things. Instead of the One more quote, and then I know been a leader on this issue, actually government owning it, the people who Senator SANTORUM has probably some went and opened the file cabinet where send the money for Social Security questions for me. This is from our col- these IOUs are. would own it. league, CHARLIE RANGEL, the House The problem, Senator, as you know, My Democrat colleagues oppose own- Ways and Means ranking member. is we cannot pay future benefits from ership. They do not want the American When talking about the raid, he says: IOUs. But we can from real money if people to own their own Social Secu- There is nothing wrong with that. we start saving it. There is nothing rity system. They want the Govern- But let be read his whole statement. risky about saving this money in ment to own it, and they want the Gov- He said: Treasury notes so it cannot be spent on ernment to continue to spend it on Would you have any problem if you put other things. But you asked an impor- other things. We want to stop that raid your money into a bank and they just took tant question. Right now, the Govern- on Social Security. The Democrats, as your money and invested it and you went to ment owns the Social Security benefit we have heard tonight, will say that if the bank and they gave you your money and politicians control it. If we start we stop spending this Social Security when you needed it? There is nothing wrong saving Social Security in personal ac- money on other things, it is going to with that. counts—we are not talking about tak- increase the deficit. Again, that is not The problem is, that is the core of ing it out of the Social Security sys- true. All it does is make us honest with the misinformation we are hearing tem. It is still just as much a part of our accounting. from Democrats, that our money from the Social Security system as what we Right now, the $1.7 trillion we have Social Security is actually saved in a have today, only it is real money and already spent, and this 775 billion addi- bank; that it is actually there. But people own it, which means they have

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.080 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12831 a legal right to it, which they do not taking that obligation and realizing it, still in Pennsylvania are getting today. In the future, politicians cannot in other words putting it into an ac- through those tough winters, in some build their whole election campaign count that actually could pay that ob- cases they need and rely on their So- around frightening seniors that we are ligation. Is that correct? cial Security benefits. going to take their Social Security. Mr. DEMINT. Exactly right. We will So as a Senator from Pennsylvania I Mr. SANTORUM. What is the im- also be honest about telling the Amer- will tell you that this is a high priority pact? Let’s take it a step further. Let’s ican people we have not been saving for me, to make sure that not only this assume we were successful tonight in the money, but we are going to start generation of seniors gets the benefits getting the Stop the Raid bill passed saving their money and we are going to they deserve but future generations of and every American would have their figure out a way to go back and get seniors get those benefits as well. I own personal retirement account with what has been borrowed from Social think this one-two of the Social Secu- the money from the Stop the Raid bill, Security and put it back so that Social rity Guarantee Act and the Stop the and 15 years go by and that money has Security will be there for your children Raid bill will go a long way in helping built up. What is the practical effect on and mine and our grandchildren. create the atmosphere to get real long- the average citizen of what your bill Mr. SANTORUM. I thank the Senator term responsible reform of the Social does versus the current system? from South Carolina for, not just the Security system for future generations Mr. DEMINT. This bill alone would work he has done on the Stop the Raid in place so they will have a strong and not change anyone’s benefits. In fact, bill, but I want to thank him for the solvent system going forward. it includes, as yours does, a guarantee. other ideas he has put forward. He is I yield for the close to the Senator People will continue to get the benefit one of three Senators on this side of from South Carolina. they have been promised. Only part of the aisle who have put forward com- Mr. DEMINT. I say to the Senator, I their benefit would be paid by the tra- prehensive bills, along with Senator know you want to make a motion. But ditional system and part from real SUNUNU and Senator HAGEL. They have it is important that you and our col- money. Our hope is, as you mentioned put forth ideas to try to move the ball leagues know what we are asking for. before, this is a first step. We need to forward, down the field substantially. I We are not asking to pass a bill to- move past the first step of saving the will not speak for the Senator from night. We are asking to move the bill $775 billion and go back and get the South Carolina, but I think what he into the debate process so that the Government to pay back what they has realized is that the opportunity for American people can find out more have already borrowed from Social Se- us to do that this session of Congress is about where we are and how this Guar- curity, invest that in those accounts probably dramatically diminished. So antee Act and this Stop the Raid Act and let them earn interest, and it we are both looking at trying to move can secure their future. grows. It is a large step toward solving the ball forward, trying to take a vital I yield back to the Senator to make the future problems of Social Security. first step, or first two steps, in assuring the motion. It is going to take several steps to fix the American public that those who Mr. SANTORUM. I thank the Senator it, but this is the most important first are the most vulnerable, their benefits from South Carolina for taking the step. If we cannot stop spending Social are safe; and for those concerned about time to have this important debate. I Security on other things we cannot go the resources being there to be able to appreciate the indulgence of the Demo- to the American people and honestly pay benefits in the future, we are going crat leader for his time. tell them we have a solution, not if we to make sure that money is set specifi- What this unanimous consent will do, cannot even stop spending it on some- cally aside and given to them to make as the Senator from South Carolina thing else. sure that money is there and promised has just stated—it will not be to pass Mr. SANTORUM. I would just ask the by the Federal Government to pay in the bill tonight. This is not an idea and Senator from South Carolina, this bill the future. we are just going to have unanimous has something to do with something By the way, the Senator from South consent and pass the bill. What we else I hear a lot about, which is honest Carolina is not the only one who has want to do is engage in a real debate accounting. One of the things I hear a introduced comprehensive legislation. about these two very important issues. lot of my colleagues on the other side Over in the House, Congressman So we are going to ask consent, at the of the aisle talk about is that the def- KOLBE, Congressman JOHNSON, Con- time to be determined by the leader, to icit is really much bigger than the defi- gressman SHAW, and Congressman have a full debate. I am suggesting in cits reported because the Social Secu- MCCRERY on our side of the aisle have this unanimous consent request that rity surplus hides the deficit. put forward comprehensive proposals we have 10 hours of debate on both of Will your bill cure that problem? on dealing with the long-term issues. these bills before we move forward and Mr. DEMINT. Only if we slow our So we have made the case. We have pass them, and obviously here in the spending as a government. worked hard to try to move this issue next few weeks the chances of finding Mr. SANTORUM. Would it cure the before the American public but have time to do that is going to be pretty problem of hiding the deficit? met a stonewall here on the other side. limited. We will be happy to schedule Mr. DEMINT. It is definitely an hon- I suspect, unfortunately, tonight we it in January or February of next year est accounting bill. Right now this will probably continue to see that so there is plenty of time for the Amer- money goes on the table and the Gov- stonewall appear when we ask for ican public to participate in this de- ernment secretly sweeps it away and unanimous consent to move forward on bate and to have a real discussion spends it. this legislation. I will certainly make about whether we want to protect the Mr. SANTORUM. And lowers the def- my commitment that this is an issue I benefits that are promised to those icit as a result, correct? feel very passionate about. This is a who are born before 1950 and whether Mr. DEMINT. Right. We are going to issue that is important to my State. we want to create the opportunity for take it off the table and save it. So the We have the second largest percentage honest accounting and for stopping the whole point is, if you want to keep of seniors in our population. We have a raid on the Social Security system, to spending that money as a Congress, we little over 16 percent of our population make sure that money stays in the So- are going to have to recognize it as who are people over the age of 65. That cial Security system and is there to debt and admit to the American people is second only to the State of Florida. pay benefits for the people who pay that we are spending more than we told It is important for my State to have money into the system. them we were spending. the peace of mind for my seniors. I al- That is what this bill does. It stops Mr. SANTORUM. So this is not just a ways say we may have fewer as a per- the raid, it stops that money being Stop the Raid bill. This is a truth in centage of our population, we may used and taken by the Federal Govern- accounting bill? This basically says: have fewer seniors than the State of ment to pay for other programs and Here is how much money we are taking Florida, but my seniors need Social Se- keeps that money—it is vitally impor- in. Here is the obligations that the curity more than those in the State of tant to understand—keeps the money Federal Government has with this Florida because all my rich seniors in the system but creates an explicit money we are taking in. In fact, we are moved to Florida. The folks who are debt of the Federal Government that

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.075 S15NOPT1 S12832 CONGRESSIONAL RECORD — SENATE November 15, 2005 must be paid. It is a public debt. It is rity surplus to mask the deficit. So he Treasury bills that are in that account. not one of these privately held little should direct those remarks to this ad- That is about as rock-solid a commit- debt transfers from one pocket to an- ministration. ment to pay benefits—more rock-solid other but an explicit debt that is owed Do not be fooled. This is simply an- commitment than promises by future to an individual. That is about as ex- other bill to privatize Social Security. generations of politicians who do not plicit as you can get. It is a debt that The American people have already repay them. has your name on the assets—Treasury jected this tired approach, and for very When you have an obligation of the bills. It is vitally important to have good reason. Just like President Bush’s Federal Government with your name that ownership because it guarantees a privatization plan, the DeMint bill on it, that is a pretty good obligation legal right to a benefit for those taxes would require deep cuts in benefits and and it would require a default of the that are being paid in excess of what a massive increase in debt. Under the Federal Government not to have it we need to pay for the Social Security bill, those who divert funds into paid, as opposed to Social Security system. privatized accounts would have their benefits in a Social Security trust I see the Democrat leader is here. I benefits cut automatically through a fund, which is a promise to pay by fu- will propound the unanimous consent. privatization tax—even if the value of ture generations of politicians. I sug- UNANIMOUS CONSENT REQUEST their account has collapsed. The bill gest that this idea that somehow or an- Mr. President, I ask unanimous con- would also require $1.7 billion in addi- other this would cut benefits—in fact, sent that at a time to be determined by tional borrowing over the next 20 you could make the argument that the the majority leader after consultation years. The bill would do nothing to benefit created by these accounts is the with the Democratic leader, the Fi- strengthen Social Security—quite the only real guaranteed benefit that an nance Committee be discharged from contrary—and it certainly wouldn’t ex- individual has going forward in the sys- further consideration of S. 1750, the So- tend the program’s solvency. In fact, tem. Nevertheless, the Democrat leader cial Security Guarantee Act of 2000; diverting money from the trust fund objected, and I certainly respect that. provided further that the Senate then accelerates insolvency and makes mat- I will make one last attempt to see if proceed to its immediate consideration ters worse. we can get an agreement on just one and there be 10 hours for debate equal- Despite the claims of its proponents, bill. ly divided in the usual form, no amend- this bill itself amounts to a massive I remind Members here that earlier ments or motions be in order, and that raid on Social Security and would cut this year, in March, we passed the reso- following the use or yielding back of the funds available to pay guaranteed lution that every Member of the Sen- time, the bill be read a third time, and benefits. Therefore, I object. ate—Democrats and Republicans, all the Senate proceed to a vote on pas- The PRESIDING OFFICER. Objec- 100 voted for—which said that Social sage of the bill, with no intervening action is heard. Security reform must protect full-term Mr. SANTORUM. Mr. President, if I tion or debate. and near-term retirees—I will under- may address just briefly the comments I further ask unanimous consent that score that, italicize it—from any made by the Democrat leader before I following that vote, the Finance Com- changes to Social Security benefits. propound one final unanimous consent mittee be discharged from further con- This bill accomplishes what we voted request, the Senator from Nevada sug- sideration of S. 1302, the Stop the Raid for. on Social Security Act of 2005, and the gested that there is a legal right to So- cial Security benefits in the law. The I assume we voted for it because we Senate then proceed to its consider- thought we needed to communicate a ation; provided further that there be 10 fact is that a Supreme Court decision— Nestor v. Fleming, 1960—said that message—that it was important that hours of debate equally divided in the we wanted to communicate a mes- usual form, no amendments or motions ‘‘Americans have no legal right to their Social Security benefits.’’ sage—to the American public that we be in order, and that following the use meant this, that we actually believed or yielding back of time, the bill be While the Senator from Nevada can say those rights are guaranteed, there we should not do this. And the way to read a third time and the Senate pro- accomplish that, contrary to what the ceed to a vote on passage of the bill, may be, certainly, a claim on those benefits, and the claim is a political Senator from Nevada said, is to put a with no intervening action or debate. guarantee in law. The PRESIDING OFFICER (Mr. one for anyone in Washington, DC, who Mr. President, I renew my request CHAMBLISS). Is there objection? would try to change those benefits. But Mr. REID. Reserving the right to ob- there is no legal right in the law to just for S. 1750, the Social Security ject, Mr. President, first of all, I will payment of those benefits. There is no Guarantee Act. I can ask unanimous say regarding S. 1750, I will use dif- guarantee in the law to the payments consent, but it is identical to the re- ferent words than the distinguished of those benefits. The Supreme Court quest which I read earlier. ranking member of the Finance Com- has said so. This would change that. The PRESIDING OFFICER. Is there mittee, the Senator from Pennsyl- This particular group of retirees that objection? vania. My words are as follows: This is being frightened that somehow or Mr. REID. Mr. President, reserving legislation is a sham, s-h-a-m. Social another any change in Social Security the right to object, first of all, under- Security benefits are guaranteed today will mean their benefits are going to be stand that when the Constitution was in the United States Code, the law of reduced—even for those who are in re- written, it didn’t talk about Social Se- the land. To meet that legal commit- tirement at this point—we want to curity in the Constitution. But we in ment, we are saving enough in Social take that tactic as well as the fear that Congress have given Social Security to Security to pay full benefits for a long goes with it off the table for our sen- the American people. We did it back in time into the future. The only threat iors and near-term seniors. the 1930s under the direction of Frank- to that guarantee is posed by Repub- With respect to the Stop the Raid lin Roosevelt. That is the Court deci- licans who want to undermine Social bill, the characterization that that bill sion to which my good friend referred. Security, slash benefits, and privatize somehow is taking money out of the The Court didn’t question Americans’ the program. Social Security system, I think I made rights to Social Security benefits. In I object to S. 1750. it very clear in the discussion, the fact effect, the Court said Congress can I reserve my right to object to S. 1302 that the bill is crystal clear with re- change the law if it chooses. But there as follows: spect to the money that is going into is no question that under current law, Mr. President, I heard my friend, the these personal accounts is invested in Americans do have a legal right to the distinguished Senator from South Treasury bills. They are obligations of benefits they have earned. There is no Carolina, talk about raiding the Social the Federal Government and will be question about that. Security trust funds. This message used to pay benefits to the extent that I simply say that these are some of should be delivered at 16th and Penn- is humanly possible. This money is le- the old arguments—I guess the Presi- sylvania Avenue. During the Clinton gally bound to the individual who put dent is out of town, and they dug up years, remember, we weren’t doing the money there, and they have their some of his old stuff and brought it up that. We weren’t using the Social Secu- name on this account. They own the to Capitol Hill today—the old stuff on

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.078 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12833 Social Security that the American peo- By the way, when he died, there was The same can be said of a country. ple have determined is not good for a poignant story written about the Look at what we do, what we think is them. Therefore, I object. long lines of people waiting to see the important, what we invest in, what we The PRESIDING OFFICER. Objec- body of Franklin Delano Roosevelt spend money on. It will tell something tion is heard. then lying in State. It was written that important about the character of this The Senator from North Dakota. a news reporter walked up to a man, a country. What do we support? Do we Mr. DORGAN. Mr. President, I have working man who had waited hours in support the fundamental promise of listened with some interest and curi- line with his hat in his hand, and the Social Security? Do we stand for it and osity over in my office to this fas- reporter, as this man was waiting to believe in it? Do we believe it has cinating discussion about Social Secu- file past the coffin of Franklin Delano strengthened this country? rity, especially the chart about the Roosevelt, said to this fellow: Did you I see Members serving who do not be- trust fund. know the President? Do you know lieve that. They come to the Senate I would like to take my colleagues on Franklin Delano Roosevelt? This man with big charts, save the Social Secu- a short visit back to the year 2001 said: No. I didn’t, but he knew me. He rity trust fund. Really? Perhaps the when, in fact, we had surpluses. The knew me. time to have thought about that was surpluses came from a fiscal policy What he meant is this President when they were called on to vote in the that looked truth straight in the eye knew the American people, knew and Senate and they decided to provide and put this country back on track. understood working men and women, very substantial tax cuts for the high- Big budget surpluses were beginning to cared about retired folks. est income Americans with money we develop, and my colleagues on the Yes. He knew me. did not yet have. And now we have very other side of the aisle said: You know It was under this President that we large Federal budget deficits. something, even before these surpluses decided to stop what was happening Let me give a couple statistics. exist, for 10 years let us pretend they with senior citizens in this country. Twenty years ago American corpora- do, and let us start getting rid of the They reached retirement age—and at tions paid one-sixth of our income money and give big tax cuts, most of that point one-half of the senior citi- taxes. Twenty years later, they are big- which will go to wealthy Americans, by zens in America were living in poverty. ger, much bigger, and more profitable, the way. And now we end up years later They reached that age where their in- and they now pay one-tenth of this with very large deficits. comes declined, they could no longer country’s income taxes. Guess who We will borrow $550 billion this year. work, and one-half of them were living My colleague seems surprised by that. makes up the difference. Yes, real peo- in poverty in this country, this great Somehow it didn’t work out quite the ple. country. Let me give another statistic. There way it was supposed to, and somebody Franklin Delano Roosevelt and oth- are 400 Americans who are the wealthi- is now using the Social Security trust ers said, We can do better than that, est Americans—who file income tax re- fund. Interesting. I know who is using the we can do something about that, and turns, in any event—and their average trust funds. It is when the President created Social Security. Controversial? yearly income is $110 million. About 8 sends a budget down here with the big- You bet your life it was controversial. years ago their tax rate was 30 percent gest deficit in history, and he is taking There were some in this Chamber who to the Federal Government. Now it is Social Security trust funds to finance said it is socialism, it is going to wreck 22 percent. It has dropped nearly 25 per- the tax cuts. Yes. He is taking money this country, it is going to throw this cent. I am talking now about the from Uncle Harold and Aunt Gladys to country into bankruptcy. Guess what. wealthiest of all Americans, those who provide some of the biggest tax cuts Now less than 10 percent of our senior have been most generously treated by ever given to the wealthiest Ameri- citizens live in poverty; 90 percent of this country, many of whom are bril- cans. That is the fact. Everybody is en- them don’t. Do you know why? liant, I am sure. They make a good titled to their own opinions in this Social Security. The word ‘‘security’’ deal of money. Good for them. I hope Chamber. Not everybody is entitled to means something. It is there. It is what they expect and want to pay taxes to their own set of facts. they can count on when they retire. We pay for the common needs of this coun- I wish to spend a little time talking have folks all around this Senate, par- try—defense, roads, bridges, education; about the history because I think it is ticularly the other side, who think we you name it. important for people to know. There should privatize it, take it apart. Some The point is, those very people who are important statistics, useful statis- of them never liked it. Take it apart now say they are the ones who care tics, truthful statistics. and privatize it and stick it in the about the trust fund of Social Security I remember I was at a town meeting stock market, in fact. are the ones who voted to be able to once, and I used kind of a throwaway There are a lot of people in this coun- take money out of the Social Security piece of information. An old fellow in try who rely on Social Security, whose system, take money out of the Social the front row stood up. I said to this lives are enriched and made better by Security trust fund so they can provide group of senior citizens: Do you know Social Security. There aren’t perhaps a tax cut for somebody who gets $110 that there are 4 women for every man many in this Senate who understand million a year in income. over the age of 85 living in the United its value because perhaps none here It is unbelievable. Just own up to it, States? Some old codger in the front will find themselves at the end of their in my judgment. If that is what you row got up, leaned forward on his cane, income-producing years having to rely did, own up to it. Do not bring a big and said: Young man, that is the most only on Social Security. I know plenty chart to the Senate saying save the useless statistic I have ever heard of people who do. I wish more people trust fund. There was a time to save given. understood the consequences of that in the trust fund, and you did not do it. Well, there are useless statistics and this Senate. Let me take you back to 1993. This then good statistics. There is the truth, Someone once asked a question: If a country inherited then the biggest and then there is stretching the truth. person died and you knew nothing debt, which is now small by compari- Let me talk a moment about where about them, had never met them, and son from the first President George we find ourselves and why. What fas- you only had their check register as a Bush. I recall that President Bush cinated me is these charts coming from piece of information about their life, came to office and he proposed a very people who want to take apart the So- what could you write as an obituary controversial fiscal policy. It was cut cial Security system, the chart that about that person? What would a check some spending, it was raise some taxes. comes to the floor this evening that registry tell you about a person you It raised taxes, by the way, on the suggests somehow they are the ones have never met if you had to write the wealthiest Americans. But it was that really support this. obituary? It would tell you plenty. tough. It was a hard vote for a lot of I will tell how the Social Security What did they think was important? Members. Incidentally, in this Senate, system got started and supported—a What did they spend money on? What when the roll was called—because we man named Franklin Delano Roo- were their investments? How did they were off track and headed down the sevelt. live their life? wrong direction with budget deficits

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.082 S15NOPT1 S12834 CONGRESSIONAL RECORD — SENATE November 15, 2005 that were increasing that had now Security is to understand we are all in economics, it is about philosophy. reached the highest level in history— this together. We have real challenges Those who say Social Security is bank- when the roll was called, there wasn’t to try to hang on to the Social Secu- rupt or busted should remember this: one Member of what is now the major- rity system with a President who Social Security will pay full benefits ity party, not one Member in the Sen- wants to privatize it, with Members of under every circumstance without any ate of that side of the aisle who was the Senate who come to the floor with alteration or any change of any type willing to vote for it. It passed by one big charts talking about raids on So- until George W. Bush is 106 years old. vote. A new fiscal policy, a new direc- cial Security. That is hardly a crisis. tion got one vote—One vote in the Sen- I didn’t bring a chart tonight because People are living longer and ate and one vote in the House. I wasn’t aware we were going to talk healthier lives. Does that mean we Guess what. With all of that con- about raids on Social Security. But I have to make some adjustments in So- troversy—and man, there was plenty— would love to give a history lesson on cial Security from time to time? You 8 years later, we were on track. Instead who has been raiding Social Security. bet. Of course we do. We have, and we of having record Federal budget defi- Paint that money purple and I will will. But the basic framework and cits, we had no budget deficits. We had point you to the purple pockets in this promise of Social Security, if we have surpluses. Those budget surpluses gave Senate. I will tell you who has been the people with the courage and us the opportunity to begin putting raiding Social Security funds right strength in this Senate to protect it, this country on a solid foundation, a along. It is a fact that hooking up a will be there for the next century and solid financial foundation for Social pipe to the Social Security trust fund, the century beyond. I understand part of the success of Security and for many other needs. hook up the pipe on one end and hook Social Security and Medicare in our The estimate was we would have sur- it to pockets at the top of the income country has been the increased lon- pluses as far as the eye could see. In ladder for corporations, because that is gevity of people living longer. I have fact, Alan Greenspan, who is about to where the money is going—big, old tax spoken of my Uncle Harold before in retire as Chairman of the Federal Re- cuts. the Senate. My Uncle Harold did not serve Board, was worried we would The philosophy is trickle down. Pour discover he could run until he was 72 it in on top and somehow it all trickles have too much of a surplus. I remember years old. But at age 72 he went to down and even the people at the bot- what he said because I thought—I these State meets where you have tom are helped. One day a fellow said know he is not a drinker so I was try- races in various events for people of to me, I have heard about this ing to figure out where this came from. different ages. He discovered there was trickledown for 8 or 10 years and I ain’t He said: I worry we are going to pay a category age 70 and above. He entered even damp yet. down our debt too fast. three races. He entered the 400 meter, Oh, really? Where does that worry I happen to think there is a better the 800 meter, and the 3K. He entered approach called ‘‘percolate up.’’ Give come from? Do you have a crystal ball, three events. The first time he and his the American families something to a strange-looking sort of crystal ball? wife Evelyn took the RV and parked it work with, good jobs and an economy He was an enabler. As an enabler, he and he entered three races at age 72. He that expands opportunity, and things gave permission, gave aid and comfort won all three easily. And he thought, do pretty well in this country. to the majority that said, you know this is amazing. I am faster than people It is fascinating to watch this discus- what, let’s take surpluses for the long my age. So pretty soon he started sion, especially given the history of term that do not yet exist, that are going elsewhere to run. He went to where we have been in recent years, a simply projections, and decide we will Minnesota. He entered the Minnesota discussion about people who have em- give them away in the form of tax cuts Senior Games Races. He went to South braced a fiscal policy that has injured tilted toward the wealthiest Ameri- Dakota. He entered South Dakota the foundation of this country’s fi- cans. And they did. So here we are, now races. Pretty soon he was running in nances, who now suggest they are the 5 years later, borrowing $550 billion California, running in Arizona. He be- ones who want to protect Social Secu- this year to this country’s debt. came a 400 meter specialist, and at age rity. That is a curious thing to watch. The other day I went through the 82 my uncle had 43 gold medals and can speeches I made at that time. I said, It is a little like an illusion in an ama- probably outrun about 80 percent of the what if something happens and we do teur magic act. It is an illusion that is Senators—at age 82. not get the surpluses, if there is an un- attempted, but you can see all the People live longer, healthier lives. foreseen event? Should we be a bit con- moves so it does not look like magic, Thirty years ago he would have been servative? Don’t worry, the sky is the does it? on a Lazy Boy because at age 65 you limit. Things are fine. Be happy. My understanding is the President are supposed to retire, get a Lazy Boy So what happened? They passed their has now parked Air Force One, at least recliner, and stay at home—and do not big tax cuts tilted toward the wealthy with respect to Social Security, and drive, by the way. Things have Americans and then all of a sudden we has decided not to continue to try to changed. People are leading active, had a recession. Then we had a ter- push that. My hope is that we as a Con- wonderful lives. That is born of suc- rorist attack; a war in Afghanistan; a gress will decide, Republicans and cess, success by increasing the lon- war in Iraq; natural disasters. Things Democrats together, that Social Secu- gevity of the American people. My went off track. Now we have very large rity is something worth saving. Should Uncle Harold is one example of that. Federal budget deficits. we stop the raid on the trust fund? You Are there some strains on Social Se- Then we are told, one of the ways to bet your life we should. We have been curity and Medicare from time to deal with that is to privatize Social Se- trying to do that for a long time. But time? Yes, a few. Nothing we cannot curity. The President said, I am taking those who aid and abet the raid on the handle, and nothing that would justify Air Force One, I am getting that old trust fund by hooking that hose up to anybody coming along and saying, by plane up and I am going across this the trust fund and giving it out in big the way, let’s take Social Security country. I am going to sell this pro- tax cuts do no favor to senior citizens. apart. That is a philosophy rooted half gram. Privatize Social Security. And it This country has many challenges. It a century ago. It is one that those who did not sell. It did not sell. Because will not be made a better country by never liked it cannot seem to over- people know better. The word ‘‘secu- taking apart the Social Security sys- come. rity’’ means something to people. So- tem. Let me say those who come to the There was a fellow at a meeting I cial Security works. It has worked for Senate and say the Social Security sys- held some months ago with Senator decades, and it will work for decades to tem is broken, it is bankrupt, it is REID, the minority leader. At the end come. busted—in fact, President George W. of this meeting on Social Security, this One of my colleagues says the genesis Bush said in 1978 when he ran for Con- old fellow, in his eighties, blind, aided of this notion of privatizing Social Se- gress, Social Security is busted and it by someone walking beside him hold- curity is the phrase ‘‘we’re all in this will be bankrupt in 10 years, so we have ing his arm, came up to me and he said: alone.’’ But in fact we are not. As a to privatize it. That was in the year I am old, I am blind, and Social Secu- country, part of the genius of Social 1978, which tells you this is not about rity is the only thing I have. This 80-

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.084 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12835 plus-year-old man came to that meet- the disabled are in poverty. We know compared to the President’s tax cuts: If ing just to deliver that message: I am this number needs to be lower. But this they are made permanent—the over- old, I am blind, and Social Security is is a great American success story. whelming majority of them going to the only thing I have. At a time when there is so much up- the top ‘‘incomers,’’ those most blessed It is so important. This is not just heaval in so many people’s lives—I economically in our country—it will some usual debate. This debate about know in my home State of Michigan, cost $11.6 trillion, if we decide as the Social Security is about who we are as my great State of Michigan, there are majority, our Republican colleagues, a country; about whether we will stand so many families today that feel the appear to be doing, to extend these tax up for things that matter; whether we rug is being pulled out from under cuts permanently. are going to stand up for people who them because the jobs they have had If we instead were to say, wait a have lived their lives in this country and worked hard at all their lives are minute, we are going to fully fund So- and helped build America and now either going overseas or they are being cial Security first before any of this reach declining income years and are told they are going to have to work for happens—even if we said to those most told they can count on Social Security. $9 or $10 an hour. Their health care blessed in our country, instead of $11.6 Yes, they can count on it, as long as we costs are going up or maybe they are trillion in tax breaks, let us take $4 don’t let those who come along and de- losing their insurance. Their pensions trillion off of that—they would have cide they want to privatize it begin to are threatened or maybe gone because $7.6 trillion. It seems to me, at a min- take it apart because they never liked of the bankruptcies of companies that imum, that would be a choice worth it in the first place. have then dumped the pensions into a making in order to make sure every Mr. President, I see my colleague is pension guaranty fund. single American knows that Social Se- waiting to speak. I was not even in- With all of this insecurity and chal- curity is secure. tending to come over until my atten- lenge families face in fighting to keep All of the decisions we make in this tion was piqued by a big, old sign that the American dream and the American Chamber are based on our values and said, ‘‘Stop Raiding Social Security way of life, the one constant we have our philosophy. Social Security rep- Trust Funds,’’ and I thought: Well, had is knowing that there is Social Se- resents our basic belief that we are in that is a curious message from those curity, that we have paid into a sys- it together as a country, that it does who supported a fiscal policy that tem, and that it will be there for us. matter what happens to other people. helped drain the trust funds in the first There is absolutely no reason that So- We are not in it alone. place. I thought I would mention that cial Security will not be there for us, I believe the efforts being proposed and talk a little about how important as long as we do not privatize it or un- on the other side of the aisle represent this Social Security fight has been and dermine it, as has been proposed by a very different philosophy that says: why the American people—not the Con- colleagues on the other side of the You are on your own, buddy, unless gress, why the American people—have aisle. you are our buddy. said no to the President and others who We are in a situation today where So- The reality is that Social Security want to privatize this important pro- cial Security and the security of Social represents a value that says we are in gram. Security is needed more than ever. I it together and that together America Mr. President, I yield the floor. will never forget talking with a group can do better. That is what Social Se- The PRESIDING OFFICER (Mr. of people who were mid-level execu- curity is about. It has worked. It has THUNE). The Senator from Michigan. tives at Enron—I know, unfortunately, proved the philosophy that together Ms. STABENOW. Mr. President, I this story can be told and will be told America does better. join my colleague in coming here to across Michigan as well—folks who So I am hopeful our colleagues will speak for a moment about Social Secu- worked all their lives, invested in the choose, in the waning days of this ses- rity. Just as my esteemed colleague company, as they were told to do, did sion, to move on to join us in the great from North Dakota said he had not all the right things, they are near re- debate of keeping American jobs in originally intended to speak tonight, I tirement, and now it is gone. America, supporting our American did not intend to speak as well. But for One gentleman, with tears in his businesses, our American manufactur- all of us who are so proud of the great eyes, said to me: Thank God for Social ers that need our help now, and making American success story called Social Security; that is all I have left. Too sure we have a pension bill that works Security, and for all of us who under- many Americans find themselves in for all of our businesses and all of our stand how it does represent the best that situation now. I believe we should workers, showing that we value and about us, we want to have an oppor- be doing something about that as well. want to make sure the promises of pen- tunity to say that tonight because Earlier this evening, I spoke on the sions, which so many workers have there has been a lot of misinformation, floor about what we need to do to turn paid into all of their lives, are kept. unfortunately, I believe, a that around: enforcing trade policies, Let’s work on that rather than under- mischaracterization on the other side changing the way we fund health care, mining a great American success story of the aisle. investing in education and innovation, called Social Security. The fact is, Social Security is based protecting the pensions of those who f on what is best about us: You work all have worked hard all their lives. But your life. You pay into a system. And the reality is, Social Security is a very DAVID GUNN then you know you have dignity in important part of that picture. Mr. MCCAIN. Mr. President, last your retirement. You also know, be- Now, it is a value as well as a pro- week the Amtrak Board of Directors cause this is really an insurance policy, gram. It represents what is best about voted to remove Antrak’s president, that if you become disabled, Heaven us. And we have choices about whether David Gunn. I think that action is re- forbid, Social Security can step in for we want to keep it secure and keep it grettable, and I commend Mr. Gunn for you, for your family. If the wage earner as a priority. Back during the budget his leadership during his 31⁄2 years at in the family loses their life, Heaven debate this year, our ranking member, Amtrak’s helm. forbid, their children, their spouse are Senator CONRAD, and I offered an Amtrak has always been a money- able to receive assistance to be able to amendment to secure Social Security losing proposition. I am afraid that it help them from moving back into pov- first before going on with other tax may always be so. But no one should erty, because it is an insurance system. cuts that have been proposed for those hold Amtrak’s, president accountable It is basically an economic insurance most blessed in our country, those, in entirely for this fact. Congress and the policy. And it has been one of the great fact, who do not have to worry about administration are also accountable. American success stories. whether Social Security will be there Despite repeated efforts to reauthorize The reality is, without Social Secu- for them. and reform this money-losing propo- rity, about 48 percent of those who are We indicated, as you can see by look- sition, we have not had the collective now on Social Security would be in ing at this chart, that in order to keep will to make the hard decisions that poverty. Today, with Social Security, Social Security secure for the next 75 need to be made to finally turn Amtrak about 9 percent of older Americans and years, it will cost $4 trillion. That is around—and that includes altering

VerDate Aug 31 2005 02:40 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.085 S15NOPT1 S12836 CONGRESSIONAL RECORD — SENATE November 15, 2005 Amtrak’s route system so that it oper- Energy and Water appropriations con- our Government can continue to make ates where it actually attracts rider- ference report, on balance, I could not the concerns of American Indians a pri- ship. support the bill. The conference report ority and to ensure that their freedoms I have known many of Amtrak’s provides $50 million in funding for the and way of life are preserved. presidents over the years and in my Department of Energy to develop a f judgment, David Gunn was one of the plan for reprocessing spent nuclear fuel ADDITIONAL STATEMENTS most capable. Not only did he hold an and to select sites suitable for housing impressive and lengthy career in the reprocessing facilities. This provision rail industry prior to coming out of re- was not in the Senate version of the HONORING PAULA YEAGER tirement to take the Amtrak job, I bill and thus was not debated in the ∑ Mr. BAYH. Mr. President, I rise found him to be a man of integrity. Senate. Because reprocessing raises se- today with a heavy heart to honor the When he testified before hearings I rious environmental, fiscal, and pro- life of a great woman, Paula Yeager, chaired in the Senate Commerce Com- liferation concerns, this provision who died last Wednesday after a long mittee, Mr. Gunn didn’t mince words. should have, at the very least, been the battle with cancer. For 6 years, Paula When I first asked him about the so- subject of an open and extensive con- served the State of Indiana as the exec- called ‘‘glidepath to self-sufficiency’’ gressional debate before we simply pro- utive director of the Indiana Wildlife which his predecessor continually tout- ceeded down the path directed by the Federation, IWF. She was a true con- ed, David Gunn didn’t hesitate to in- report language. servationist, a dedicated public servant form the committee that it was a I am also concerned that the Energy and a wonderful mother. Her col- sham. and Water appropriations report ex- leagues, friends, and family will miss Mr. Gunn and I didn’t always see eye- tends the authorization of funding for her dearly, and I know that sentiment to-eye. Indeed, I disagreed strongly the Animas-La Plata project. This ex- is shared by countless others across In- with his unyielding views about the tension of funding authorization— diana and the country. continuation of Amtrak’s long distance which does not belong in an appropria- A career travel agent, Paula first ap- trains. But I respected the fact that he tions bill—is contrary to assurances I plied for a job with the IWF in order to always spoke his views even when it received in 2000 when the Colorado Ute work on meaningful issues—a decision meant he wouldn’t be telling people Indian Water Rights Settlement Act influenced by her experience with what they wanted to hear. He faced was amended. breast cancer. During her 6-year tenure head on the many problems with Acela f with the group, Paula overcame her and he was committed to getting Am- relative inexperience and became a trak’s escalating costs under control. NATIONAL AMERICAN INDIAN HERITAGE MONTH successful activist in conservation Again, he is a man of integrity and I issues through hard work, an unwaver- commend him for his service. Mr. JOHNSON. Mr. President, I rise ing commitment to diplomacy and f today to announce the beginning of Na- tireless advocacy. As executive direc- tional American Indian Heritage tor, Paula mended the State federa- LOCAL LAW ENFORCEMENT Month. This November we will honor ENHANCEMENT ACT OF 2005 tion’s relationship with the National the achievements made by American Wildlife Federation, NWF, improved Mr. SMITH. Mr. President, I rise Indians and Alaskan Natives through- the group’s profile with lawmakers, today to speak about the need for hate out the history of our country. and confronted many important issues, For many years, Native Americans crimes legislation. Each Congress, Sen- including mercury contamination and strived for an official recognition of ator KENNEDY and I introduce hate wetlands preservation. crimes legislation that would add new their people. The first observance of a Her ability to unite people with dif- categories to current hate crimes law, day celebrating the contributions of fering interests earned her a reputation sending a signal that violence of any American Indians occurred on the sec- for diplomacy, and that effort paid off kind is unacceptable in our society. ond Saturday of May 1916 in New York when the Indiana Department of Na- Likewise, each Congress I have come to State. In 1990, Congress, with my sup- tional Resources, IDNR, banned fenced the floor to highlight a separate hate port, passed a joint resolution declar- deer hunting in August. The former crime that has occurred in our coun- ing November 1990 as National Amer- IDNR director called Paula the person try. ican Indian Heritage Month, dedicated ‘‘most responsible in Indiana for lead- On January, 25, 2000 in New York to appreciating the impact of Native ing the effort to ban canned hunting.’’ City, NY, Melissa Hart had just left a Americans on the foundation and de- Honored twice with the IWF’s Presi- local hotel when eight men threw her velopment of our Nation. dents Award, Paula was named the to the ground and attacked her. One of Rooted in the history and culture of Conservationist of the Year in 2001 by the assailants held Ms. Hart by her South Dakota, as well as the United the IDNR, and this past summer the throat and beat her head against the States, lies the steadfast influence of NWF recognized Paula with their Con- sidewalk, while the other assailants the Native American people. The Great servation Service Citation. beat her with their fists. The attackers Sioux Nation of South Dakota consists There is a saying that life is not stripped her of her coat, and stole her of nine separate tribes, the Cheyenne about what you take out of it but what cell phone and approximately $350 from River Sioux, the Crow Creek Sioux, the you put back in. Paula lived that senti- her purse. According to police, the mo- Flandreau Santee Sioux, the Lower ment to the fullest. Her work made In- tivation for the attack was that Ms. Brule Sioux, the Oglala Sioux, the diana a better place to live for all of us. Hart was a transgender person. Rosebud Sioux, the Sisseton-Wahpeton For that, we will always be grateful to I believe that our Government’s first Oyate, the Standing Rock Sioux, and the courageous travel agent who de- duty is to defend its citizens, in all cir- the Yankton Sioux. I would like to pay cided it was time to make a difference cumstances, from threats to them at tribute to the more than 62,000 Native through the IWF. home. The Local Law Enforcement En- Americans in South Dakota and the Indiana lost a great citizen last hancement Act is a major step forward Native Americans throughout our week. It is my sad honor to enter the in achieving that goal. I believe that country whose presence and traditions name of Paula Yeager in the RECORD of by passing this legislation and chang- have enriched our communities. the Senate for her service to Indiana.∑ ing current law, we can change hearts With the commencement of National f and minds as well. American Indian Heritage Month, we TRIBUTE TO DR. SCOTT MASON f have been given an excellent opportunity to educate ourselves about the ROULIER FISCAL YEAR 2006 ENERGY AND cultural and historical influence of ∑ Mrs. LINCOLN. Mr. President, today WATER APPROPRIATIONS American Indians and Alaskan Natives. I rise to pay tribute to a great educator Mr. FEINGOLD. Mr. President, al- In November, I encourage everyone to and a great Arkansan, Dr. Scott Mason though I recognize the important pro- join South Dakota in our reverence of Roulier. Dr. Roulier is being honored grams funded by the fiscal year 2006 Native Americans with the hope that as the 2005 Arkansas Professor of the

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.076 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12837 Year by the Carnegie Foundation for work those extra hours to make sure States, together with an accompanying the Advancement of Teaching and the things are fair. Nothing is given to report; which was referred to the Com- Council for Advancement and Support you. mittee on Foreign Relations: of Education, CASE. Also, there was the Lone Rangers To the Congress of the United States: Dr. Roulier, Associate Professor of Creed. Perhaps the part Steve took to Consistent with section 2103(a)(1) of Political Science, is the 12th professor heart the most was, ‘‘God put the fire- the Trade Act of 2002, I am pleased to from Lyon College, in Batesville, AR, wood here but every man must gather notify the Congress of my intention to to receive this honor. and light it himself.’’ There is no doubt enter into an agreement with the Euro- This tribute is in recognition of Dr. Steve Pilcher has been gathering the pean Union, Japan, the Republic of Roulier’s dedication and hard work in firewood for the Montana Stock-grow- Korea, and Taiwan on tariff treatment the areas of government and politics in ers. He has worked tirelessly for this for multi-chip integrated circuits. laying the framework for our Arkansas industry and I know he will continue Multi-chip integrated circuits are undergraduate students to be success- to light that fire. semiconductor devices used in com- ful in their careers. He is teaching his As we recognize Steve Pilcher for his puters, cell phones, and other high- students the value of political action major contributions to not only Mon- technology products. and involvement in current events as it tana’s livestock community but the United States-based companies are relates to local, State and Federal gov- Nation’s, there is one more thing that the principal suppliers to the world of ernment. I must add: Happy Trails my friend, multi-chip integrated circuits. In 2004, Higher education is an essential ele- until we meet again.∑ global sales of finished multi-chip inte- ment of any effort to prepare our work- f force to meet the demands of today’s grated circuits were estimated to be global marketplace. I share Dr. HONORING A GREAT IDAHOAN $4.2 billion, and U.S. semiconductor Roulier’s commitment to education ∑ Mr. CRAPO. Mr. President, I would companies account for roughly half of and join him in encouraging more stu- like to offer a few words today recog- those sales. dents in Arkansas and around our great nizing the full and joyful life of a re- The United States, the European Nation to pursue a college education. markable Idahoan, Robert Bershers. Union, the Republic of Korea, and Tai- Congratulations, Dr. Roulier, and Although Bob and his wife Louise trav- wan will apply zero duties on these thank you for your dedication and con- eled extensively, Idaho was home. He products as of an agreed date. The tar- tribution not only to Lyon College but lived and worked in Coeur d’Alene get date for entry into force of the also to shaping the minds of our future where he was active on the Kootenai Agreement is January 1, 2006. Japan al- leaders.∑ County Fair Board from 1983 to 2001, ready applies zero duties on these products and expects to ratify the Agree- f and he owned and operated a successful construction business for many years. ment formally in 2006. Further, al- TRIBUTE TO STEVE PILCHER Bob lived vigorously, enjoying the life though all major producers of multi- ∑ Mr. BURNS. Mr. President, I would of a businessman and rancher and, ac- chip integrated circuits will be parties. like to take a moment today to honor cording to his daughter Khris, was the to the Agreement, we will seek to build Steve Pilcher, a leader in the Montana kind of man ‘‘whose idea of going to on this Agreement by joining together livestock industry. At the end of this the fair was getting there on Wednes- to work in the World Trade Organiza- year, Steve will retire from his years of day just before it opened and staying tion to increase the number of coun- service as executive vice president of through the last spin of the ferris tries granting duty-free treatment to the Montana Stockgrowers Associa- wheel on Sunday.’’ these products. tion. His service will be missed, but the North Idaho was the home of his GEORGE W. BUSH. values and leadership Steve brought to heart—from the chilly, grey and wet THE WHITE HOUSE, November 14, 2005. the organization will continue on. winters to the warm and bright sum- f Many American children grew up mer days in the mountains and by the MESSAGE FROM THE HOUSE with the Saturday Western matinee as lake; he and Louise never stayed away the high point of their week. The ideals too long. But for Bob, it was Idahoans shared by those men in their white who made our State truly great. Ac- ENROLLED BILL SIGNED Stetsons were strong, moral, and en- cording to his family, Bob loved Idaho At 12:20 p.m., a message from the during. There were some great rules to because people take the time to be House of Representatives, delivered by live by that were shared by the cow- friendly. And Bob not only loved that Mr. Hays, one of its reading clerks, an- boys on the Silver Screen. in others, he lived it himself, taking in nounced that the Speaker has signed Steve took every one of those lessons those in need, either four-footed or the following enrolled bill: to heart. He not only believes in the two. Louise reminisced recently that ‘‘Code of the West’’ those cowboys when his children were still at home, H.R. 2419. An act making appropriations shared with us, he continues to live it, the house had a revolving door of kids for energy and water development for the fis- both in his personal life and his profes- cal year ending September 30, 2006, and for and animals, all finding refuge in their other purposes. sional life. home when they needed it most. Hopalong Cassidy had a Creed for Bob never failed to tell his children The enrolled bill was signed subse- American Girls and Boys. The first rule and family that he loved them. Indeed, quently by the President pro tempore in his creed was, ‘‘The highest badge of his unfailing dedication to family and (Mr. STEVENS). honor a person can wear is honesty, be community are true measures of a good At 4:03 p.m., a message from the mindful at all times.’’ Regardless of and honorable man. Bob will be sorely House of Representatives, delivered by the fallout, Steve does not believe in missed by all who knew him, but those Ms. Niland, one of its reading clerks, bandying the truth. He is always a same people will carry on the blessings announced that the House has passed square shooter. He has taken the heat ∑ his life brought to them. the following bill, without amendment: many times for standing by the truth, f but Steve is a man of honor. He knows S. 161. An act to provide for a land the truth is worth whatever adversity REPORT OF THE INTENTION TO exchange in the State of Arizona be- it brings from others who do not feel ENTER INTO AN AGREEMENT tween the Secretary of Agriculture and the same way. WITH THE EUROPEAN UNION, Yavapai Ranch Limited Partnership. Gene Autry offered the Ten Com- JAPAN, THE REPUBLIC OF The message also announced that the mandments of the Cowboy. The first KOREA, AND TAIWAN ON TARIFF Speaker appoints the following mem- commandment said, ‘‘A cowboy never TREATMENT FOR MULTI-CHIP ber as an additional conferee in the takes unfair advantage.’’ Steve has al- INTEGRATED CIRCUITS—PM 31 conference on the disagreeing votes of ways worked hard to prove that the The PRESIDING OFFICER laid be- the two Houses on the amendment of ranchers in Montana expect only what fore the Senate the following message the Senate to the bill (H.R. 3199) to ex- they earn. He knows that you have to from the President of the United tend and modify authorities needed to

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.044 S15NOPT1 S12838 CONGRESSIONAL RECORD — SENATE November 15, 2005 combat terrorism, and for other pur- ronmental Protection Agency, transmitting, nal Revenue Service, Department of the poses: pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the As an additional conferee from the ‘‘S-metolachlor; Pesticide Tolerance Tech- report of a rule entitled ‘‘Extension of Time Committee on the Judiciary, for con- nical Correction’’ (FRL No. 7741–7) received for Filing Returns’’ ((RIN1545–BE63) on November 14, 2005; to the Committee on (TD9229)) received on November 14, 2005; to sideration of the House bill (except sec- Agriculture, Nutrition, and Forestry. the Committee on Finance. tion 132) and the Senate amendment, EC–4632. A communication from the Prin- EC–4642. A communication from the Chief, and modifications committed to con- cipal Deputy Associate Administrator, Office Publications and Regulations Branch, Inter- ference: Mr. DANIEL E. LUNGREN of of Policy, Economics, and Innovation, Envi- nal Revenue Service, Department of the California. ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the Ordered further, that the Speaker ap- pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Annual Pension points the following conferees in the ‘‘Sulfosulfuron; Pesticide Tolerances for Plan, etc., Cost-of-Living Adjustments for Emergency Exemptions’’ (FRL No. 7740–1) re- 2006’’ (Notice 2005–75) received on November conference on the disagreeing votes of ceived on November 14, 2005; to the Com- 14, 2005; to the Committee on Finance. the two Houses on the amendment of mittee on Agriculture, Nutrition, and For- EC–4643. A communication from the Chief, the Senate to the bill (H.R. 3199) to ex- estry. Publications and Regulations Branch, Inter- tend and modify authorities needed to EC–4633. A communication from the Prin- nal Revenue Service, Department of the combat terrorism, and for other pur- cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the poses, in lieu of their appointments on of Policy, Economics, and Innovation, Envi- report of a rule entitled ‘‘Weighted Average November 9, 2005: ronmental Protection Agency, transmitting, Interest Rate Update Notice—Pension Fund- ing Equity Act of 2004’’ (Notice 2005–72) re- From the Committee on the Judici- pursuant to law, the report of a rule entitled ‘‘Flucarbazone-sodium; Time-Limited Pes- ceived on November 14, 2005; to the Com- ary, for consideration of the House bill ticide Tolerance’’ (FRL No. 7740–8) received mittee on Finance. (except section 132) and the Senate on November 14, 2005; to the Committee on EC–4644. A communication from the Sec- amendment, and modifications com- Agriculture, Nutrition, and Forestry. retary of Defense, transmitting a report on mitted to conference: Mr. NADLER and EC–4634. A communication from the Prin- the approved retirement of General Robert Mr. SCOTT of Virginia. cipal Deputy Associate Administrator, Office H. Foglesong, United States Air Force, and of Policy, Economics, and Innovation, Envi- his advancement to the grade of general on f ronmental Protection Agency, transmitting, the retired list; to the Committee on Armed MEASURES READ THE FIRST TIME pursuant to law, the report of a rule entitled Services. ‘‘2-Bromo-2-Nitro-1,3-Propanediol (Bronopol); EC–4645. A communication from the Under The following bill was read the first Exemptions from the Requirement of a Tol- Secretary of Defense for Personnel and Read- time: erance’’ (FRL No. 7743–5) received on Novem- iness, transmitting, pursuant to law, a list of S. 2008. A bill to improve cargo security, ber 14, 2005; to the Committee on Agri- 11 officers (beginning with Angelella and and for other purposes. culture, Nutrition, and Forestry. ending with Wells) authorized to wear the in- EC–4635. A communication from the Sec- signia of the grade of brigadier general; to f retary of Health and Human Services, trans- the Committee on Armed Services. EXECUTIVE AND OTHER mitting, pursuant to law, a report entitled EC–4646. A communication from the Assist- ant Secretary for Fish, Wildlife and Parks, COMMUNICATIONS ‘‘Assets for Independence Program—Status at the Conclusion of the Fifth Year’’; to the Fish and Wildlife Service, Department of the The following communications were Committee on Health, Education, Labor, and Interior, transmitting, pursuant to law, the laid before the Senate, together with Pensions. report of a rule entitled ‘‘Endangered and accompanying papers, reports, and doc- EC–4636. A communication from the Direc- Threatened Wildlife and Plants; Designation uments, and were referred as indicated: tor, Regulations Policy and Management of Critical Habitat for the San Miguel Island Staff, Food and Drug Administration, De- Fox, Santa Rosa Island Fox, Santa Cruz Is- EC–4627. A communication from the Regu- partment of Health and Human Services, land Fox, and Santa Catalina Island Fox; latory Analyst, Grain Inspection, Packers transmitting, pursuant to law, the report of Final Rule’’ (RIN1018–AT78) received on No- and Stockyards Administration, Department a rule entitled ‘‘Medical Devices; Immu- vember 14, 2005; to the Committee on Envi- of Agriculture, transmitting, pursuant to nology and Microbiology Devices; Classifica- ronment and Public Works. law, the report of a rule entitled ‘‘Review In- tion of Cystic Fibrosis Transmembrane Con- EC–4647. A communication from the Prin- spection Requirements for Graded Commod- ductance Regulator Gene Mutation Detec- cipal Deputy Associate Administrator, Office ities’’ (RIN0580–AA89) received on November tion System’’ (Docket No. 2005P–0397) re- of Policy, Economics, and Innovation, Envi- 14, 2005; to the Committee on Agriculture, ceived on November 14 2005; to the Com- ronmental Protection Agency, transmitting, Nutrition, and Forestry. mittee on Health, Education, Labor, and pursuant to law, the report of a rule entitled EC–4628. A communication from the Ad- Pensions. ‘‘Approval and Promulgation of Implementa- ministrator, Agricultural Marketing Serv- EC–4637. A communication from the Assist- tion Plans and Designation of Areas for Air ice, Department of Agriculture, transmit- ant General Counsel, Federal Election Com- Quality Planning Purposes; Indiana; Redes- ting, pursuant to law, the report of a rule en- mission, transmitting, pursuant to law, the ignation of Greene County and Jackson titled ‘‘Marketing Order Regulating the Han- report of a rule entitled ‘‘$5,000 Exemption County 8-Hour Ozone Nonattainment Areas dling of Pears Grown in Oregon and Wash- for Disbursements of Levin Funds by State, to Attainment for Ozone’’ (FRL7995–9) re- ington; Control Committee Rules and Regu- District, and Local Party Committees and ceived on November 14, 2005; to the Com- lations; Correction’’ (Docket No. FV05–927–2) Organizations’’ (Notice 2005–26) received on mittee on Environment and Public Works. received on November 14, 2005; to the Com- November 14, 2005; to the Committee on EC–4648. A communication from the Prin- mittee on Agriculture, Nutrition, and For- Rules and Administration. cipal Deputy Associate Administrator, Office estry. EC–4638. A communication from the Sec- of Policy, Economics, and Innovation, Envi- EC–4629. A communication from the Ad- retary of the Treasury, transmitting, pursu- ronmental Protection Agency, transmitting, ministrator, Agricultural Marketing Serv- ant to law, a six-month periodic report on pursuant to law, the report of a rule entitled ice, Department of Agriculture, transmit- the national emergency with respect to ‘‘Approval and Promulgation of State Imple- ting, pursuant to law, the report of a rule en- Syria that was declared in Executive Order mentation Plans for Air Quality Planning titled ‘‘Regulations Governing the California 13338 of May 11, 2004; to the Committee on Purposes; California—South Coast and Clingstone Peach (Tree Removal) Diversion Banking, Housing, and Urban Affairs. Coachella’’ (FRL7975–7) received on Novem- Program’’ ((RIN0581–AC45) (Docket No. EC–4639. A communication from the Assist- ber 14, 2005; to the Committee on Environ- FV05–82–01 FR)) received on November 14, ant Attorney General, Office of Legislative ment and Public Works. 2005; to the Committee on Agriculture, Nu- Affairs, Department of Justice, transmit- EC–4649. A communication from the Prin- trition, and Forestry. ting, the report of proposed legislation enti- cipal Deputy Associate Administrator, Office EC–4630. A communication from the Ad- tled ‘‘Intellectual Property Protection Act of of Policy, Economics, and Innovation, Envi- ministrator, Agricultural Marketing Serv- 2005’’; to the Committee on the Judiciary. ronmental Protection Agency, transmitting, ice, Department of Agriculture, transmit- EC–4640. A communication from the Chief, pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- Publications and Regulations Branch, Inter- ‘‘Designation of Areas for Air Quality Plan- titled ‘‘Domestic Dates Produced or Packed nal Revenue Service, Department of the ning Purposes; Arizona; Correction of Bound- in Riverside County, California; Increased Treasury, transmitting, pursuant to law, the ary of Phoenix Metropolitan 1-Hour Ozone Assessment Rate’’ (Docket No. FV05–987–1 report of a rule entitled ‘‘Low-Income Hous- Nonattainment Area’’ (FRL7995–3) received FR) received on November 14, 2005; to the ing Credit Allocation and Certifications; Re- on November 14, 2005; to the Committee on Committee on Agriculture, Nutrition, and visions’’ ((RIN1545–BE50) (TD 9228)) received Environment and Public Works. Forestry. on November 14, 2005; to the Committee on EC–4650. A communication from the Prin- EC–4631. A communication from the Prin- Finance. cipal Deputy Associate Administrator, Office cipal Deputy Associate Administrator, Office EC–4641. A communication from the Chief, of Policy, Economics, and Innovation, Envi- of Policy, Economics, and Innovation, Envi- Publications and Regulations Branch, Inter- ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.044 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12839 pursuant to law, the report of a rule entitled Agreement on the Conservation and Manage- isiana (Ms. LANDRIEU), the Senator ‘‘Interim Final Determination to Stay and/or ment of the Alaska-Chukotka Polar Bear from Illinois (Mr. OBAMA), the Senator Defer Sanctions, Pinal County Air Quality Population; to the Committee on Commerce, from Hawaii (Mr. INOUYE), the Senator Control District’’ (FRL7994–6) received on Science, and Transportation. from Connecticut (Mr. LIEBERMAN), the November 14, 2005; to the Committee on En- By Mr. DEWINE (for himself, Mr. DUR- UGAR vironment and Public Works. BIN, and Mr. SCHUMER): Senator from Indiana (Mr. L ), the EC–4651. A communication from the Prin- S. 2014. A bill to amend title 38, United Senator from Maine (Ms. COLLINS), the cipal Deputy Associate Administrator, Office States Code, to expand and enhance edu- Senator from New Jersey (Mr. LAUTEN- of Policy, Economics, and Innovation, Envi- cational assistance for survivors and depend- BERG), the Senator from Arkansas ronmental Protection Agency, transmitting, ents of veterans; to the Committee on Vet- (Mrs. LINCOLN) and the Senator from pursuant to law, the report of a rule entitled erans’ Affairs. Missouri (Mr. TALENT) were added as ‘‘Revisions to the Requirements on Varia- By Mr. ISAKSON: cosponsors of S. 707, a bill to reduce bility in the Composition of Additives Cer- S. 2015. A bill to provide a site for con- preterm labor and delivery and the risk tified Under the Gasoline Deposit Control struction of a national health museum, and Program; Final Rule’’ (FRL7996–2) received for other purposes; to the Committee on En- of pregnancy-related deaths and com- on November 14, 2005; to the Committee on vironment and Public Works. plications due to pregnancy, and to reduce infant mortality caused by pre- Environment and Public Works. f f maturity. SUBMISSION OF CONCURRENT AND S. 863 REPORTS OF COMMITTEES SENATE RESOLUTIONS At the request of Mr. CONRAD, the The following reports of committees The following concurrent resolutions names of the Senator from Utah (Mr. were submitted: and Senate resolutions were read, and BENNETT), the Senator from Con- By Mr. SHELBY, from the Committee on referred (or acted upon), as indicated: necticut (Mr. LIEBERMAN) and the Sen- Banking, Housing, and Urban Affairs, with By Mr. LUGAR (for himself and Mr. ator from Arkansas (Mrs. LINCOLN) an amendment in the nature of a substitute: BIDEN): were added as cosponsors of S. 863, a S. 705. A bill to establish the Interagency S. Res. 312. A resolution expressing the Council on Meeting the Housing and Service bill to require the Secretary of the sense of the Senate regarding the need for Needs of Seniors, and for other purposes Treasury to mint coins in commemora- the United States to address global climate (Rept. No. 109–178). tion of the centenary of the bestowal of By Mr. INHOFE, from the Committee on change through the negotiation of fair and the Nobel Peace Prize on President Environment and Public Works, with an effective international commitments; to the Committee on Foreign Relations. Theodore Roosevelt, and for other pur- amendment: poses. S. 1869. A bill to reauthorize the Coastal By Ms. CANTWELL: S. Res. 313. A resolution expressing the At the request of Mr. ALLEN, the Barrier Resources Act, and for other pur- names of the Senator from Louisiana poses (Rept. No. 109–179). sense of the Senate that a National Meth- amphetamine Prevention Week should be es- (Mr. VITTER) and the Senator from f tablished to increase awareness of meth- Pennsylvania (Mr. SPECTER) were INTRODUCTION OF BILLS AND amphetamine and to educate the public on added as cosponsors of S. 863, supra. ways to help prevent the use of that dam- JOINT RESOLUTIONS S. 1110 aging narcotic; to the Committee on the Ju- The following bills and joint resolu- diciary. At the request of Mr. SCHUMER, his tions were introduced, read the first By Mr. HATCH (for himself and Mr. name was withdrawn as a cosponsor of and second times by unanimous con- BENNETT): S. 1110, a bill to amend the Federal sent, and referred as indicated: S. Res. 314. A resolution designating Thurs- Hazardous Substances Act to require day, November 17, 2005, as ‘‘Feed America By Mrs. MURRAY (for herself, Ms. COL- engine coolant and antifreeze to con- Thursday’’; considered and agreed to. LINS, Mr. LIEBERMAN, and Mr. COLE- tain a bittering agent in order to By Ms. CANTWELL (for herself, Mr. MAN): render the coolant or antifreeze S. 2008. A bill to improve cargo security, WYDEN, and Mrs. MURRAY): unpalatable. S. Res. 315. A resolution to commemorate and for other purposes; read the first time. S. 1172 By Mr. MARTINEZ (for himself and the bicentennial anniversary of the arrival of Lewis and Clark at the Pacific Ocean consid- At the request of Mr. SPECTER, the Mr. NELSON of Florida): S. 2009. A bill to provide assistance to agri- ered and agreed to. name of the Senator from Connecticut cultural producers whose operations were se- By Mr. COLEMAN (for himself, Mr. (Mr. DODD) was added as a cosponsor of verely damaged by the hurricanes of 2005; to WARNER, Mr. PRYOR, Mr. SMITH, and S. 1172, a bill to provide for programs the Committee on Finance. Mr. DEMINT): to increase the awareness and knowl- S. Res. 316. A resolution expressing the By Mr. HATCH (for himself, Mrs. LIN- edge of women and health care pro- COLN, Mr. SMITH, and Mr. KOHL): sense of the Senate that the United Nations and other international organizations should viders with respect to gynecologic can- S. 2010. A bill to amend the Social Security cers. Act to enhance the Social Security of the not be allowed to exercise control over the Nation by ensuring adequate public-private Internet; to the Committee on Foreign Rela- S. 1822 infrastructure and to resolve to prevent, de- tions. At the request of Mrs. MURRAY, the tect, treat, intervene in, and prosecute elder f name of the Senator from California abuse, neglect, and exploitation, and for (Mrs. BOXER) was added as a cosponsor ADDITIONAL COSPONSORS other purposes; to the Committee on Fi- of S. 1822, a bill to amend titles XVIII nance. S. 309 and XIX of the Security Act to make By Mr. JEFFORDS (for himself and At the request of Mr. DEMINT, the improvements to the implementation Mr. LEAHY): S. 2011. A bill to require the Administrator name of the Senator from Georgia (Mr. of the medicare prescription drug ben- of the Environmental Protection Agency to ISAKSON) was added as a cosponsor of S. efit. establish performance standards for fine par- 309, a bill to amend the Internal Rev- S. 1841 ticulates for certain pulp and paper mills, enue Code of 1986 to provide for the dis- At the request of Mr. NELSON of Flor- and for other purposes; to the Committee on position of unused health benefits in ida, the name of the Senator from New Environment and Public Works. cafeteria plans and flexible spending York (Mr. SCHUMER) was added as a co- By Mr. STEVENS (for himself, Mr. arrangements. sponsor of S. 1841, a bill to amend title INOUYE, Ms. SNOWE, Ms. CANTWELL, S. 707 XVIII of the Social Security Act to Mr. VITTER, and Mrs. BOXER): S. 2012. A bill to authorize appropriations At the request of Mr. ALEXANDER, the provide extended and additional pro- to the Secretary of Commerce for the Mag- names of the Senator from Utah (Mr. tection to Medicare beneficiaries who nuson-Stevens Fishery Conservation and BENNETT), the Senator from New Mex- enroll for the Medicare prescription Management Act for fiscal years 2006 ico (Mr. BINGAMAN), the Senator from drug benefit during 2006. through 2012, and for other purposes; to the Missouri (Mr. BOND), the Senator from S. 1889 Committee on Commerce, Science, and New York (Mrs. CLINTON), the Senator At the request of Mr. HAGEL, the Transportation. By Mr. STEVENS (for himself and Mr. from Mississippi (Mr. COCHRAN), the name of the Senator from Georgia (Mr. INOUYE): Senator from South Carolina (Mr. ISAKSON) was added as a cosponsor of S. S. 2013. A bill to amend the Marine Mam- GRAHAM), the Senator from Nebraska 1889, a bill to establish the Comprehen- mal Protection Act of 1972 to implement the (Mr. HAGEL), the Senator from Lou- sive Entitlement Reform Commission.

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.048 S15NOPT1 S12840 CONGRESSIONAL RECORD — SENATE November 15, 2005 S. 1959 for the Armed Forces, and for other but only after we have verified that At the request of Mr. KERRY, the purposes. they have improved security. And it name of the Senator from Vermont AMENDMENT NO. 2519 ensures we keep testing the system to (Mr. LEAHY) was added as a cosponsor At the request of Mr. HARKIN, his make sure it stays secure. of S. 1959, a bill to direct the Architect name was added as a cosponsor of Let me quickly summarize the bene- of the Capitol to obtain a statue of amendment No. 2519 proposed to S. fits of the GreenLane Act. It gives U.S. Rosa Parks and to place the statue in 1042, an original bill to authorize ap- officials in foreign ports the authority the United States Capitol in National propriations for fiscal year 2006 for to inspect suspicious containers before Statuary Hall. military activities of the Department they are loaded for departure into the S. 1998 of Defense, for military construction, United States. The GreenLane Act At the request of Mr. VITTER, the and for defense activities of the De- makes the haystack of containers name of the Senator from Alaska (Mr. partment of Energy, to prescribe per- smaller so that the search is smaller. It STEVENS) was added as a cosponsor of sonnel strengths for such fiscal year allows the Government to focus on sus- S. 1998, a bill to amend title 18, United for the Armed Forces, and for other picious cargo. It ensures that we are States Code, to enhance protections re- purposes. inspecting and stopping cargo that lating to the reputation and meaning At the request of Mr. ROCKEFELLER, poses a threat. And it cuts down smug- of the Medal of Honor and other mili- his name was added as a cosponsor of gling of weapons, people, drugs or other tary decorations and awards, and for amendment No. 2519 proposed to S. illegal cargo. other purposes. 1042, supra. A smaller haystack and strict overseas security measures will allow the S. CON. RES. 62 AMENDMENT NO. 2524 United States and foreign officials to At the request of Mr. MCCONNELL, At the request of Mr. REID, his name the names of the Senator from Massa- better stop criminal actions and was added as a cosponsor of amend- threats to our national security. The chusetts (Mr. KERRY) and the Senator ment No. 2524 proposed to S. 1042, an from Florida (Mr. NELSON) were added GreenLane Act protects America’s original bill to authorize appropria- economy in the event of a terror at- as cosponsors of S. Con. Res. 62, a con- tions for fiscal year 2006 for military current resolution directing the Joint tack, and it provides a secure, orga- activities of the Department of De- nized way to quickly resume cargo op- Committee on the Library to procure a fense, for military construction, and statue of Rosa Parks for placement in erations after any emergency shut- for defense activities of the Depart- down. Because any shutdown of ports the Capitol. ment of Energy, to prescribe personnel At the request of Mr. BIDEN, his name has the potential to cost the U.S. econ- strengths for such fiscal year for the omy billions of dollars a day, the was added as a cosponsor of S. Con. Armed Forces, and for other purposes. Res. 62, supra. GreenLane Act will minimize the eco- f S. RES. 219 nomic impact of a terrorist attack. At the request of Mrs. FEINSTEIN, the STATEMENTS ON INTRODUCED And the GreenLane Act creates market name of the Senator from Illinois (Mr. BILLS AND JOINT RESOLUTIONS incentives for everyone in the supply DURBIN) was added as a cosponsor of S. chain to improve security and take re- By Mrs. MURRAY (for herself, sponsibility for the cargo they handle. Res. 219, a resolution designating Ms. COLLINS, Mr. LIEBERMAN, March 8, 2006, as ‘‘Endangered Species Today we have a choice in how we and Mr. COLEMAN): deal with the cargo security challenges Day’’, and encouraging the people of S. 2008. A bill to improve cargo secu- the United States to become educated that face us. But if we wait for a dis- rity, and for other purposes; read the aster, we will not have a choice. If we about, and aware of, threats to species, first time. success stories in species recovery, and all agree on a system now, we will have Mrs. MURRAY. Mr. President, today a role in shaping what it looks like and the opportunity to promote species I’m pleased to introduce the bipartisan conservation worldwide. making sure it is sensitive to the need GreenLane Maritime Cargo Security for free-flowing commerce. I am here S. RES. 273 Act with the chair of the Homeland Se- to say, along with Senator COLLINS, At the request of Mr. COLEMAN, the curity and Government Affairs Com- that we need to make these changes on name of the Senator from Oregon (Mr. mittee, Senator SUSAN COLLINS. our terms now before there is an inci- SMITH) was added as a cosponsor of S. We’ve worked together to create an dent. If we wait until after there is an Res. 273, a resolution expressing the innovative bill that will protect the incident, we risk drastic actions that sense of the Senate that the United Na- American people and protect our econ- will hurt everyone. With the tions and other international organiza- omy from terrorist threats. GreenLane Act we introduce today, we tions shall not be allowed to exercise Our bill will help close one of the have the opportunity to create effec- control over the Internet. most dangerous vulnerabilities facing tive, efficient systems and put them in AMENDMENT NO. 1451 our nation—a terrorist organization place now. At the request of Mr. SALAZAR, his using cargo containers to bring weap- I invite anyone who cares about our name was added as a cosponsor of ons and terrorists into the United security and our economy to join Sen- amendment No. 1451 proposed to S. States. ator COLLINS and me in this effort. If 1042, an original bill to authorize ap- For decades, industry leaders in my anybody would like more information, propriations for fiscal year 2006 for home state of Washington and around visit my Web page at Mur- military activities of the Department the world have worked hard to create ray.Senate.Gov/GreenLane. of Defense, for military construction, an open, efficient trading system. That I thank Senator COLLINS for her tre- and for defense activities of the De- system relies on cargo containers to mendous leadership and partnership in partment of Energy, to prescribe per- move the vast majority of the world’s developing this legislation. She brings sonnel strengths for such fiscal year commerce from factory to market. tremendous experience and expertise to for the Armed Forces, and for other The cargo container has reduced the one of America’s biggest threats. It has purposes. cost of trade—helping American busi- been a pleasure to work with her in de- AMENDMENT NO. 2518 nesses and creating American jobs. We veloping this critically important bill. At the request of Mr. SALAZAR, his can be proud of the efficiency and I look forward to working with her, name was added as a cosponsor of speed of our container trading system. and anyone else here, to help turn the amendment No. 2518 proposed to S. But that system was designed for a ideas of this bill into laws that will 1042, an original bill to authorize ap- different time—before terrorist attacks protect the American people. propriations for fiscal year 2006 for on American soil and before fanatics The PRESIDING OFFICER. The Sen- military activities of the Department took jetliners and turned them into ator from Maine. of Defense, for military construction, missiles. Ms. COLLINS. Mr. President, I am and for defense activities of the De- Our bill addresses those concerns. pleased to join my colleague, Senator partment of Energy, to prescribe per- Our bill increases scrutiny of ship- MURRAY, in introducing today the sonnel strengths for such fiscal year ments. It provides benefits to shippers GreenLane Maritime Cargo Security

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.051 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12841 Act. It has been a great pleasure to remember in the wake of 9/11 that com- our shores. Current supply-chain secu- work with my colleague on this impor- mercial aircraft were grounded across rity programs within the Federal Gov- tant issue. Senator MURRAY has been this country for a number of days. It is ernment, however, were separately an early leader in the call for greater logical to assume that all of the ports conceived and managed by different port security. I am pleased we were would be closed in this country if there agencies, rather than woven together able to join our efforts in a bipartisan were a terrorist attack on one port. into a layered, consistent approach. bill to provide long overdue improve- In addition to the threat of a direct The result of that, the Government Ac- ments in maritime security. attack on one of our ports, any one of countability Office tells us, is that Our comprehensive legislation would the more than 9 million containers only 17.5 percent of high-risk cargo help build a coordinated approach to that enter the United States each year identified by our own Customs agents maritime and port security across all has the potential to be the Trojan was inspected overseas. I am talking levels of government and with our horse of the 21st century. When we about cargo that has been identified as overseas trading partners. It would im- look at these huge cargo ships unload- high risk, and yet we are inspecting prove our Nation’s security as it expe- ing thousands of containers every day, less than 20 percent of high-risk cargo. dites trade with those governments and we think: Oh, that contains consumer We found that the current programs businesses that join us in this goal. It goods, maybe television sets or toys or lack standards, lack staffing, and lack would encourage innovation, and it clothing or sneakers. Fortunately, in the validation of security measures would provide financial assistance to the vast majority of cases, that is ex- that are necessary for their success. our ports as they strive to strengthen actly what is in those containers. But a We cannot remove the risk of a ter- their terrorism prevention and re- container could include terrorists rorist attack, but the better security sponse efforts. themselves, biological or chemical measures outlined by the Murray-Col- This legislation would provide the agents, or even a small nuclear weap- lins bill can build a stronger shield structure and resources needed to bet- on. against terrorism without hampering ter protect the American people from For years, criminals have used cargo trade. attack through these vital yet ex- containers to smuggle narcotics, fire- This legislation provides the tools to tremely vulnerable points of entry and arms, and people into the United construct a more effective security sys- centers of economic activity. States. These containers may come tem. It was developed in close con- Coming from a State with three from anyone of 1,000 ports overseas, sultation with key stakeholders includ- international cargo ports, including ports that have varying degrees and ing port authorities, major retailers the largest port by tonnage in New levels of security. They could also be and importers, carriers, supply chain England, I am keenly aware of the im- intercepted or tampered with along the managers, security and transportation portance of our seaports to our na- way. experts, and Federal and State agen- Earlier year this year, I toured the tional economy and to the commu- cies. ports of Los Angeles and Long Beach. nities in which they are located. In ad- First, it addresses the problem of un- The sheer size of these facilities and dition to our ports’ obvious economic coordinated supply-chain security ef- the activities that are going on every significance, the link between mari- forts by directing the Secretary of day are startling. So, too, are the risks time security and our national security Homeland Security to develop a stra- and the vulnerabilities that they offer has been underscored time and again tegic plan to strengthen international for terrorists to exploit. By coinci- by terrorism experts, including the 9/11 security for all modes of transpor- dence, my visit came days before 32 tation by which containers arrive in, Commission. It is easy to see why, if Chinese nationals were smuggled into depart from or move through seaports you look at the statistics. the port of Los Angeles in two cargo In 2003, more than 6,000 ships made of the United States. This plan will containers. Fortunately, that Trojan nearly 57,000 calls on American ports. horse held people who were simply clarify the roles, responsibilities, and They carried the bulk of approximately seeking a better way of life, albeit ille- authorities of government agencies at 800 million tons of goods that came gally, and they were not terrorists all levels and of private sector stake- into our country, including more than seeking to destroy our way of life. holders. It will establish clear, measur- 9 million containers. We know that al- They were caught. But what is particu- able goals for furthering the security of Qaida has the stated goal of causing larly disturbing to me, and speaks to commercial operations from point of maximum harm to the American peo- the weaknesses and vulnerabilities of origin to point of destination. It will ple and maximum disruption to our the current system, is they weren’t outline mandatory, baseline security economy. Therefore, when you look at caught through any security measure. measures and standards and provide in- what could achieve those goals, you are It wasn’t the container security initia- centives for additional voluntary meas- instantly drawn to our cargo ports. tive or the C–TPAT Program or any ures. We already have a glimpse of the other new initiative that resulted in The new Office of Cargo Security staggering damage a terrorist attack these 32 Chinese nationals being Policy, established in our legislation, on a cargo port could produce. In the caught. Instead it was an alert crane would ensure implementation of the fall of 2002, the west coast dock strike operator who happened to see them strategic plan. This important office cost our economy an estimated $1 bil- crawling out of the containers. will report to the Department’s Assist- lion a day for each of the 10 days that We cannot continue to rely on luck ant Secretary for Policy in order to the work stoppage lasted. It not only or even alert crane operators to pro- better coordinate maritime security ef- brought those western coast ports to a vide for the security of our seaports, forts within the Department of Home- halt but also harmed businesses our Nation, and our people. land Security and among our inter- throughout the country. That aston- In August, the President issued the national and private-sector partners. ishing amount of harm, $10 billion National Security Strategy for Mari- This legislation also gives the Sec- worth, was the result of an event that time Security. It warns of the prob- retary 6 months to establish minimum was both peaceful and anticipated. ability of a hostile state using a weap- standards and procedures for securing Think of what the impact of a terrorist on of mass destruction sometime in the containers in transit to the U.S., based attack would be. next decade, and it identifies the mari- on the Department’s experience with More recently, Hurricane Katrina time sector as most likely to be used to current cargo security programs. All brought the port of New Orleans and bring a weapon of mass destruction containers bound for U.S. ports of several other gulf coast ports to a into the United States. In addition, the entry must meet those standards no standstill. Fortunately, much of this use of ‘‘just in time’’ inventories, later than 2 years after they are estab- cargo was able to be diverted to other which are now used by most industries, lished. Currently, DHS has been too ports undamaged by the storm. In the means that a disruption of our ports slow to implement certain vital secu- aftermath of a terrorist attack, how- would have catastrophic repercussions rity measures. For example, the De- ever, it is likely that an attack on one for our entire economy. partment has been working on a regu- port would result in the closure, at A fundamental goal of port security lation setting a minimum standard for least temporarily, of all ports. All of us is to head off trouble before it reaches mechanical seals on containers for

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.087 S15NOPT1 S12842 CONGRESSIONAL RECORD — SENATE November 15, 2005 more than 2 years. Such delays are un- tions, and, most significantly, pref- holders to get their ideas. Senator COL- acceptable. This legislation would set erence in entering U.S. ports in the LINS, as chair of the Senate Homeland clear timelines to ensure steady aftermath of a terrorist attack. Sen- Security and Governmental Affairs progress. ator MURRAY, who developed this con- Committee, has held hearings on this The Department has also pledged to cept, will describe GreenLane in great- issue and has introduced legislation. deploy radiation detection equipment er detail. As a result of our work, Senator COL- at all ports of entry in the U.S. to ex- The bill also places a greater empha- LINS and I have developed the amine 100 percent of cargo. The zero sis on communications among govern- GreenLane Maritime Cargo Security tolerance policy for radiation has been ment and industry players in respond- Act. It provides, for the first time, a discussed since 2002, though less than a ing to an incident and settles the crit- comprehensive blueprint for how we quarter of the detection equipment ical question of ‘‘who’s in charge.’’ can improve security while keeping deemed necessary for domestic cov- Technology plays an important role trade efficient. At its heart, this chal- erage had been deployed as of last in maritime and cargo security. The lenge is about keeping the good things month. Even more frustrating is that Department of Homeland Security has about trade—speed and efficiency— the Department has changed the target scattered efforts to deploy existing without being vulnerable to the bad for system deployment multiple times. technologies, to enhance those tools things about trade—the potential for The Department’s new Domestic Nu- and to develop new ones. It is critical terrorists to use our engines of com- clear Detection Office is beginning to that these efforts be undertaken in a merce. take hold of this critical issue, yet the more coordinated fashion. In addition, There is an incident that occurred a need for a comprehensive plan for the the Government must work closely few years ago that shows just how seri- deployment of radiation detection with and encourage the ingenuity of ous a threat we are facing. Four years equipment is evident. Our legislation the private sector in developing the ago, in Italy, dockworkers noticed requires this plan be developed and technologies that will improve both se- something strange about one of the that 100 percent incoming containers curity and trade. cargo containers. They opened it up to the U.S. be examined for radiation Let me close by saying that this leg- and found an Egyptian man inside. But no later than 1 year after enactment. islation recognizes that America’s this was not your average stowaway. I want to thank Senator COLEMAN for ports, large and small, are our partners This man was a suspected al-Qaida ter- his efforts in this area. These provi- in keeping our Nation safe and our rorist, and he had all of the tools of the sions address concerns that have been economy moving. Our Port Security trade with him. His cargo container identified through our joint investiga- Grant Program will help our ports had been outfitted for a long voyage tive work on programs protecting our make the investments needed to meet with a bed, a heater, and water. He had nation against weapons of mass de- the threat of terrorism. The global a satellite phone and a laptop com- struction. maritime industry is crucial to our Na- puter. He also had security passes and For the first time, this legislation tion’s economy, and our ports are un- mechanic certificates for four U.S. air- would authorize the Container Secu- doubtedly on the front lines of the war ports. rity Initiative. Ongoing, predictable against terrorism. This legislation Now, that happened in 2001. It can funding—$175 million a year for the would set clear goals for improving the still happen today. But don’t take my five years beginning in 2007—is essen- security of this vital sector, and it word for it. The Commissioner of Cus- tial for this crucial program to suc- would provide the resources to meet toms and Border Protection said: ceed. In addition to providing funding, and achieve those goals. [T]he container is the potential Trojan the bill lays out requirements for CSI I again thank my colleague, Senator Horse of the 21st century. ports and a process for designating new MURRAY, for her hard work and initia- The 9/11 Commission said terrorists ports under CSI. The Secretary must tive on this legislation. We are pleased may turn from targeting aviation to undertake a full assessment of the po- to be joined as original cosponsors by targeting seaports because ‘‘opportuni- tential risk of smuggling or cargo tam- Senators NORM COLEMAN and JOE ties to do harm are as great, or greater, pering related to terrorism, before des- LIEBERMAN. That is indicative of the in maritime or surface transpor- ignating a port under CSI. This author- kind of bipartisan support this legisla- tation.’’ ization also will enable our CSI part- tion enjoys, and it is my hope that As we all know, our Government has ners to strengthen anti-terrorism many more of our colleagues will join uncovered al-Qaida training manuals, measures and to improve training of us in bringing this legislation to enact- and some of these books suggest that personnel. ment early next year. Our container terrorists try to recruit workers at bor- We would authorize C–TPAT at $75 trading system was designed for a ders, airports, and seaports. million per year for that same 5-year world before September 11. There are two main scenarios we period, and we clearly outline the cer- Now, here we are, 4 years later, and need to think about. tification and validation requirements we still have not made our maritime First, a group like al-Qaida could use and the benefits associated with meet- cargo system as secure as it needs to cargo containers to smuggle weapons ing those requirements. Our legislation be. Six months after the September 11 and personnel into the United States. directs the Secretary to correct the de- attacks, I held a hearing to exam the They could split up a weapon and ship ficiencies of the program, and, within vulnerability of cargo security. Many it to the U.S. in separate containers. one year, to issue guidelines that will of the concerns that were raised at And those pieces could be reassembled be used to certify a participant’s secu- that hearing are still dogging us today. anywhere in the United States. So the rity measures and supply chain prac- One of the challenges we face is how first danger is that terrorists could use tices. we can make trade more secure with- these cargo containers to get dan- In addition, we would create a new, out slowing it to a crawl. If we have ab- gerous weapons into the United States. third tier of C–TPAT, called the solute security, we will curtail trade. If Secondly, terrorists could use a cargo GreenLane, which offers additional we have completely open trade, we will container as a weapon itself. A ter- benefits to C–TPAT participants that not have enough security. rorist could place a nuclear, chemical, meet the highest level of security For the past few years, I have been or biological weapon inside a container standards. Cargo in transit to the U.S. meeting with leaders in Government and then detonate it once it reaches a through the GreenLane would be more and industry to figure out how we can U.S. port or another destination inside secure through the use of container se- strike the right balance. One thing I the United States. curity devices and stronger supply know for sure is, it is better for us to This week, the 9/11 Commission said chain security practices in all areas, work together now to design a security we have not done enough to prevent such as physical, procedural and per- system on our own terms than to wait terrorists from acquiring weapons of sonnel security. The legislation directs for an attack and force a security sys- mass destruction. One study said if a the Secretary to develop benefits that tem in a crisis atmosphere. nuclear device was detonated at a may include further reduced inspec- I have spent several years exploring major seaport, it could kill up to a mil- tions, priority processing for inspec- this challenge and meeting with stake- lion people.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.088 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12843 Now, many of our ports are located have provided some funding to make do not have a coordinated security re- near major cities. Others are located our ports more secure. I have fought gime. So the GreenLane Act will take near key transportation hubs. For ex- for port security grants to make sure that first step and ensure minimum se- ample, if a chemical weapon were deto- we are controlling access to our ports, curity standards are in place for all nated in Seattle, the chemical plume and our local ports are on the cutting container cargo entering our ports. could contaminate the rail system, edge of security. We have implemented Secondly, because there are so many Interstate 5, and SeaTac Airport, not the 24-hour rule so we know what is cargo containers coming into our coun- to mention the entire downtown busi- supposed to be in a container before it try, we need to make that haystack ness and residential areas. reaches the United States. We are add- smaller. We need to do a better job in Terrorists could also detonate a dirty ing some more detection equipment to front-loading our inspections overseas bomb or launch a bioterror attack. Any American ports, but, remember, once a before the cargo ever gets loaded on a of those scenarios would impose a dev- nuclear device is sitting on a U.S. ship that is headed for the United astating cost in human lives, but that dock, it is too late. Customs created a States. Then, instead of focusing on a is not all. program that works with foreign ports small percent of all containers, we can We also know that al-Qaida wants to to speed some cargo into the United separate the most secure containers cripple our economy. Cargo containers States. It is a good idea, but to date it from the ones that need more security. could offer them a powerful way to do has not been implemented well. Third, we need to give businesses in- just that, and the damage goes beyond In May, the Government Account- centives to adopt better security. Com- lives. An attack launched through our ability Office issued a very troubling panies are going to do what is in their ports would also have a devastating report. It found that if companies ap- financial interest, and we can use mar- economic impact. That is because after plied for C–TPAT status, we gave them ket incentives to make the entire in- an attack the Federal Government is less scrutiny simply for submitting pa- dustry more secure. likely to shut down our ports to make perwork. We never checked to see if Fourth, we need to minimize the im- sure that additional hazards weren’t they actually did what they said they pact of any incident. Right now, if there were a terrorist attack through being brought into the country—simi- were going to do. We just inspected one of our ports, there would be an lar to what we did with airplanes after them less. One expert called that ap- awful lot of confusion. So we need to 9/11. proach ‘‘trust, but don’t verify.’’ When we stopped air travel then, it Even when U.S. Customs inspectors put one office in charge of cargo secu- took us a couple of days to get back up do find something suspicious at a for- rity policy. We need to create protocols to speed. And as we all remember, it for resuming trade after an incident oc- eign port, they cannot force a con- cost our economy a great deal. But if curs. And we need to establish joint op- tainer to be inspected today. They can you stopped cargo containers without a erations centers to help make local de- ask the local government, but those re- resumption system in place, it could cisions that will get our trade moving quests are frequently rejected. take as long as 4 months to get them So because we cannot enforce those again. inspected and moving again. That We cannot afford to leave cargo on agreements through our State Depart- would cripple our economy, and it the docks for weeks. We need a plan ment, our Customs officials do not could even spark a global recession. that tells us in advance what cargo will Today, our cargo containers are part have the power they need, and poten- be unloaded first, and how we will get of the assembly line of American busi- tially dangerous cargo can arrive at this system back on its feet. ness. We have just-in-time delivery and U.S. ports without being inspected Finally, we need to monitor and se- rolling warehouses. If you shut down overseas. cure cargo from the factory floor over- I am deeply concerned about this the flow of cargo, you are shutting seas until it reaches our own shores. down the economy. If our ports were issue because I know that maritime There are vulnerabilities at every step locked down, we would feel the impact cargo, especially container cargo, is a of the supply chain. A secure system is at every level of our economy. critical part of our economy. My inter- going to start at the factory overseas Factories would not be able to get est in trade goes back to my childhood. and continue until that cargo reaches the raw materials they need. Many My dad ran a small dime store. He re- its final destination. keep small inventories on hand. Once lied on imports to stock the shelves in I want to detail how our bill will those inventories run out, factories his store. International trade put food make the American people safer. First would be shut down and workers laid on our table, and I have never forgot- of all, it raises the security standards off. We would also see the impact in ten that. So I want to make sure we for everyone across the board and di- stores. Merchants would not be able to close the loopholes that threaten our rects the Department of Homeland Se- get their products from overseas. Store ability to trade, while we protect our curity to take all of the best practices shelves would go bear, and workers, lives and our economy. and lessons learned and create new again, would be laid off. I have worked on this challenge for standards that will establish a new One study, in fact, concluded that if several years. I have held hearings. I baseline of security for everyone. U.S. ports were shut down for 12 days, wrote and funded Operation Safe Com- Secondly, it creates the GreenLane. it could cost our economy $58 billion. merce. And I have been meeting with If shippers agree to follow the higher In 2002, we saw what closing down a few various stakeholders. security standards of the GreenLane, ports on the west coast would do. When I know this proposal has to work for they get a series of benefits. west coast dockworkers were locked everyone in the supply chain: import- To be designated as GreenLane cargo, out, it cost our economy about $1 bil- ers, freight forwarders, shippers, ter- importers have to ensure that all enti- lion a day. Imagine if we shut down all minal operators, and workers such as ties within their supply chain are vali- our ports, not just those on the west longshoremen, truckdrivers, and port dated C–TPAT participants; access to coast. employees—all the people who are on the cargo and containers is restricted Dr. Stephen Flynn, who is a national the frontlines as our eyes and our ears. to those employees who need access security expert, has said that a 3-week They need to be part of the solution be- and we are assured of their identifica- shutdown could spawn a global reces- cause they would be among the first to tion; a logistics system is in place that sion. It is clear that we are vulnerable be hurt if an incident occurred. provides the ability to track every- and that an attack could do tremen- Senator COLLINS and I have worked thing loaded into a GreenLane con- dous damage. together to get input from stake- tainer back to the factory; and, a con- If our ports were shut down today, we holders, and with that we have crafted tainer security device, such as an e- do not have a system in place for get- a bill that I believe strikes the right seal, is used to secure the container. ting them started again. There is no balance. Our proposal is built around Remember, GreenLane is optional. protocol for what would be searched, five commonsense ideas. No one has to participate. I believe what would be allowed in, and even It has been over 4 years since the companies will want to participate be- who would be in charge. tragedy of September 11, and some of cause they will get benefits in return. Now, I want to acknowledge that we our most vulnerable assets—our ports What are those benefits? Their bond- have made some progress since 9/11. We and our maritime cargo system—still ing requirements could be reduced or

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.089 S15NOPT1 S12844 CONGRESSIONAL RECORD — SENATE November 15, 2005 eliminated. Instead of paying customs Sec. 103. Citrus and vegetable assistance. (A) the farm or aquaculture operation duties on every shipment, they could Sec. 104. Sugar producers. must be located in a disaster county; and be billed monthly or quarterly. Their TITLE II—LIVESTOCK ASSISTANCE (B) the producers must have incurred qualifying crop or quality losses with respect Sec. 201. Livestock assistance program. cargo will be subject to fewer searches to the 2004, 2005, or 2006 crop (as elected by a and will be released faster upon enter- TITLE III—FORESTRY producer), but limited to only 1 such crop, ing the United States. They will lose Sec. 301. Tree assistance program. due to damaging weather or related condi- less cargo to theft, and they will have TITLE IV—CONSERVATION tion, as determined by the Secretary. (3) LIMITATION.—Qualifying crop losses for the stability that comes from having Sec. 401. Emergency conservation program. one uniform standard to plan around. the 2006 crop are limited to only those losses Finally, the GreenLane Act sets up a TITLE V—LOW-INCOME MIGRANT AND caused by a hurricane or tropical storm oc- SEASONAL FARMWORKERS plan so that trade can be resumed curring during the 2005 hurricane season in Sec. 501. Emergency grants for low-income disaster counties. quickly and safely if an attack occurs. migrant and seasonal farm- (b) INELIGIBILITY FOR ASSISTANCE.—Except Today, there are no protocols. There is workers. as provided in subsection (c), the producers no guide on how to get the system TITLE VI—FISHERIES on a farm shall not be eligible for assistance going again. Our bill will create one, under this section with respect to losses to Sec. 601. Fisheries assistance. and it will let the most secure cargo— an insurable commodity or noninsurable the GreenLane cargo—be released first. TITLE VII—TIMBER TAX RELIEF commodity if the producers on the farm— Our bill creates joint operations cen- Sec. 701. Timber tax relief for businesses af- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance ters to ensure a coordinated, measured fected by certain natural disasters. for the insurable commodity under the Fed- response and the resumption and flow eral Crop Insurance Act (7 U.S.C. 1501 et seq.) of commerce in the event of an inci- TITLE VIII—MISCELLANEOUS for the crop incurring the losses; dent or heightened national security Sec. 801. Infrastructure losses. (2) in the case of a noninsurable com- threat level. Sec. 802. Commodity Credit Corporation. modity, did not file the required paperwork, Our bill takes other steps. It expands Sec. 803. Emergency designation. and pay the administrative fee by the appli- Sec. 804. Regulations. port security grants. It makes sure we cable State filing deadline, for the noninsur- continue to monitor our security sys- SEC. 2. DEFINITIONS. able commodity under section 196 of the Fed- Except as otherwise provided in this Act, eral Agriculture Improvement and Reform tem to make sure it is working. It in this Act: Act of 1996 (7 U.S.C. 7333) for the crop incur- makes sure that a company’s cargo (1) ADDITIONAL COVERAGE.—The term ‘‘ad- ring the losses; data is not available to competitors. It ditional coverage’’ has the meaning given (3) had an average adjusted gross income sets a uniform standard for security so the term in section 502(b) of the Federal Crop (as defined in section 1001D of the Food Secu- shippers and others have some cer- Insurance Act (7 U.S.C. 1502(b)). rity Act of 1985 (7 U.S.C. 1308-3a)) of greater tainty, rather than a hodgepodge of dif- (2) CATASTROPHIC RISK PROTECTION.—The than $2,500,000; or ferent standards. term ‘‘catastrophic risk protection’’ means (4) were not in compliance with highly There have been a lot of commissions the level of insurance coverage provided erodible land conservation and wetland conservation provisions under subtitles B and C and studies on port security, and we under section 508(b) of the Federal Crop In- surance Act (7 U.S.C. 1508(b)). of title XII of the Food Security Act of 1985 have worked to address their rec- (3) DISASTER COUNTY.—The term ‘‘disaster (16 U.S.C. 3811 et seq.). ommendations in our bill. county’’ means a county included in the geo- (c) CONTRACT WAIVER.—The Secretary may The 9/11 Commission said we need graphic area covered by a natural disaster waive subsection (b) with respect to the pro- ‘‘layered’’ security, that we need to declaration due to hurricanes in calendar ducers on a farm if the producers enter into centralize authority so we can have year 2005— a contract with the Secretary under which more accountability, and that Federal (A) made by the Secretary under section the producers agree— 321(a) of the Consolidated Farm and Rural (1) in the case of all insurable commodities agencies need to share information bet- produced on the farm for each of the next 2 ter. Our bill implements all of those Development Act (7 U.S.C. 1961(a)) due to hurricanes in calendar year 2005; or crop years— recommendations. (B) made by the President under the Rob- (A) to obtain additional coverage for those The Government Accountability Of- ert T. Stafford Disaster Relief and Emer- commodities under the Federal Crop Insur- fice looked at current Customs pro- gency Assistance Act (42 U.S.C. 5121 et seq.). ance Act (7 U.S.C. 1501 et seq.); and grams and identified some troubling (4) INSURABLE COMMODITY.—The term ‘‘in- (B) in the event of violation of the con- shortcomings. surable commodity’’ means an agricultural tract, to repay to the Secretary any pay- commodity for which producers are eligible ment received under this section; and By Mr. MARTINEZ (for himself to obtain a policy or plan of insurance under (2) in the case of all noninsurable commod- and Mr. NELSON of Florida): the Federal Crop Insurance Act (7 U.S.C. 1501 ities produced on the farm for each of the S. 2009. A bill to provide assistance to et seq.). next 2 crop or calendar years, as applicable— (5) NONINSURABLE COMMODITY.—The term (A) to file the required paperwork, and pay agricultural producers whose oper- the administrative fee by the applicable ations were severely damaged by the ‘‘noninsurable commodity’’ means an eligible crop for which producers are eligible to State filing deadline, for those commodities hurricanes of 2005; to the Committee on obtain assistance under section 196 of the under section 196 of the Federal Agriculture Finance. Federal Agriculture Improvement and Re- Improvement and Reform Act of 1996 (7 Mr. MARTINEZ. Mr. President, I ask form Act of 1996 (7 U.S.C. 7333). U.S.C. 7333); and unanimous consent that the Agri- (6) SECRETARY.—The term ‘‘Secretary’’ (B) in the event of violation of the con- culture Hurricane Recovery Act of 2005 means the Secretary of Agriculture. tract, to repay to the Secretary any pay- be printed in the RECORD. ment received under this section. TITLE I—CROP ASSISTANCE (d) PAYMENT LIMITATIONS.— There being no objection, the bill was SEC. 101. CROP DISASTER ASSISTANCE. (1) LIMIT ON AMOUNT OF ASSISTANCE.—As- ordered to be printed in the RECORD, as (a) EMERGENCY ASSISTANCE.— sistance provided under this section to the follows: (1) IN GENERAL.—The Secretary shall use producers on a farm for losses to a crop, to- S. 2009 such sums as are necessary of funds of the gether with the amounts specified in para- Be it enacted by the Senate and House of Rep- Commodity Credit Corporation to make graph (2) applicable to the same crop, may resentatives of the United States of America in emergency assistance under this section to not exceed 95 percent of what the value of Congress assembled, producers on a farm or aquaculture oper- the crop would have been in the absence of ation (other than producers of sugarcane) the losses, as estimated by the Secretary. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. that meet the eligibility criteria of para- (2) OTHER PAYMENTS.—In applying the limi- (a) SHORT TITLE.—This Act may be cited as graph (2) in the same manner as provided tation in paragraph (1), the Secretary shall the ‘‘Agriculture Hurricane Recovery Act of under section 815 of the Agriculture, Rural include the following: 2005’’. Development, Food and Drug Administra- (A) Any crop insurance payment made (b) TABLE OF CONTENTS.—The table of con- tion, and Related Agencies Appropriations under the Federal Crop Insurance Act (7 tents for this Act is as follows: Act, 2001 (Public Law 106–387; 114 Stat. 1549A– U.S.C. 1501 et seq.) or payment under section Sec. 1. Short title; table of contents. 55), including using the same loss thresholds 196 of the Federal Agricultural Improvement Sec. 2. Definitions. for quantity and quality losses as were used and Reform Act of 1996 (7 U.S.C. 7333) that TITLE I—CROP ASSISTANCE in administering that section. the producers on the farm receive for losses Sec. 101. Crop disaster assistance. (2) ELIGIBILITY CRITERIA.—For producers to the same crop. Sec. 102. Nursery crops and tropical fruit described in paragraph (1) to be eligible for (B) The value of the crop that was not lost producers. emergency assistance under this section— (if any), as estimated by the Secretary.

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(e) CROP INSURANCE DEDUCTIBLES.—For the and fernery producers in a disaster county to tion specified in section 1001D of the Food purpose of determining crop insurance pay- help cover costs incurred for debris removal Security Act of 1985 (7 U.S.C. 1308–3a), shall ments under this section, the Secretary shall and associated cleanup due to hurricanes in apply to assistance provided under this sec- consider Hurricane Wilma has having oc- calendar year 2005. tion. curred during the 2005 crop year. (2) AMOUNT OF ASSISTANCE.— SEC. 103. CITRUS AND VEGETABLE ASSISTANCE. SEC. 102. NURSERY CROPS AND TROPICAL FRUIT (A) IN GENERAL.—Assistance under this Notwithstanding any other provision of PRODUCERS. subsection may not exceed the actual costs this Act or any other law, the Secretary (a) EMERGENCY FINANCIAL ASSISTANCE.— incurred by the producer for debris removal shall use such sums as are necessary of funds Notwithstanding section 508(b)(7) of the Fed- and cleanup or $250 per acre, whichever is of the Commodity Credit Corporation to eral Crop Insurance Act (7 U.S.C. 1508(b)(7)), less. make emergency financial assistance au- the Secretary shall use such sums as are nec- (B) NO ADDITIONAL PAYMENT LIMITATIONS.— thorized under this section available to both essary of funds of the Commodity Credit Cor- Except as provided in subparagraph (A), the citrus and vegetable producers to carry out poration to make emergency financial as- Secretary shall not impose any limitation on an assistance program similar to the pro- sistance available to— the maximum amount of payments that a gram entitled the ‘‘Florida Citrus Disaster (1) commercial ornamental nursery and producer may receive under this subsection. Program’’, described at 69 Fed. Reg. 63134, fernery producers in a disaster county for el- (e) NONDISCRIMINATION.— October 29, 2004, Document No. 04-24290 (re- igible inventory losses due to hurricanes in (1) IN GENERAL.—Except as provided in lating to Florida citrus, fruit, vegetable, and calendar year 2005; and paragraph (2), in carrying out this section, nursery crop disaster programs), except that (2) tropical fruit producers in a disaster the Secretary shall not discriminate against qualifying crop losses shall be limited to county who have suffered a loss of 35 percent or penalize producers that did not purchase those losses caused by a hurricane or trop- or more relative to their expected produc- crop insurance under the Federal Crop Insur- ical storm occurring during the 2005 hurri- tion (as defined in section 1480.3 of title 7, ance Act (7 U.S.C. 1501 et seq.) with respect cane season in a disaster county. Code of Federal Regulations (or a successor to an insurable commodity or did not file the regulation)) due to hurricanes in calendar required paperwork, and pay the administra- SEC. 104. SUGAR PRODUCERS. year 2005. tive fee by the applicable State filing dead- The Secretary shall use $395,000,000 of the (b) ADMINISTRATION.— line, for assistance under section 196 of the funds of the Commodity Credit Corporation (1) DETERMINATION OF COMMERCIAL OPER- Federal Agriculture Improvement and Re- to make payments to processors in Florida ATIONS.—For a nursery or fernery producer form Act of 1996 (7 U.S.C. 7333) with respect and Louisiana that are eligible to obtain a to be considered a commercial operation for to a noninsurable commodity. loan under section 156(a) of the Federal Agri- purposes of subsection (a)(1) or (d)(1), the (2) PENALTY.—In the case of a producer de- culture Improvement and Reform Act of 1996 producer must be registered as nursery or scribed in paragraph (1)— (7 U.S.C. 7272(a)) to compensate first proc- fernery producer in the State in which the (A) payment rates under this section shall essors and producers for crop and other producer conducts business. be reduced by 5 percent; and losses that are related to hurricanes, trop- (2) DETERMINATION OF ELIGIBLE INVEN- (B) the producer shall comply with sub- ical storms, excessive rains, and floods oc- TORY.—For purposes of subsection (a)(1), eli- section (f). curring during calendar year 2005, to be cal- gible nursery and fernery inventory includes (f) CONTRACT TO PROCURE CROP INSURANCE culated and paid on the basis of losses on 40- foliage, floriculture, and woody ornamental OR NAP.—In the case of a producer described acre harvesting units, in disaster counties, crops, including— in subsection (e)(1) who receives any assist- on the same terms and conditions, to the (A) stock used for propagation; and ance under this section, the producer shall maximum extent practicable, as payments (B) fruit or nut seedlings grown for sale as be required to enter into a contract with the made under section 102 of the Emergency seed stock for commercial orchard oper- Secretary under which the producer agrees— Supplemental Appropriations for Hurricane ations growing fruit or nuts. (1) in the case of all insurable commodities Disasters Assistance Act, 2005 (Public Law (c) CALCULATION OF LOSSES AND PAY- grown by the producer during the next avail- 108-324; 118 Stat. 1235). MENTS.— able coverage period— TITLE II—LIVESTOCK ASSISTANCE (1) NURSERY AND FERNERY PRODUCERS.— (A) to obtain at least catastrophic risk SEC. 201. LIVESTOCK ASSISTANCE PROGRAM. (A) IN GENERAL.—For purposes of sub- protection for those commodities under the (a) EMERGENCY FINANCIAL ASSISTANCE.— section (a)(1)— Federal Crop Insurance Act (7 U.S.C. 1501 et (1) IN GENERAL.—The Secretary shall use (i) inventory losses for a nursery or fernery seq.); and such sums as are necessary of funds of the producer shall be determined on an indi- (B) in the event of violation of the con- Commodity Credit Corporation to make pay- vidual-nursery or -fernery basis; and tract, to repay to the Secretary any payments for livestock losses to producers for (ii) the Secretary shall not offset inventory ment received under this section; and 2005 or 2006 losses (as elected by a producer), losses at 1 nursery or fernery location by (2) in the case of all noninsurable commod- but not both, in a county that has received salvaged inventory at another nursery or ities grown by the producer during the next an emergency disaster designation by the fernery operated by the same producer. available coverage period— President after January 1, 2004. (B) AMOUNT.—The amount of payment to a (A) to file the required paperwork, and pay (2) RESTRICTION.—In determining eligi- nursery or fernery producer under subsection the administrative fee by the applicable bility for assistance under this section, the (a)(1) shall be equal to the product obtained State filing deadline, for those commodities Secretary shall not use the end date of the by multiplying (as determined by the Sec- under section 196 of the Federal Agriculture normal grazing period to determine the retary)— Improvement and Reform Act of 1996 (7 threshold of a 90-day loss of carrying capac- (i) the difference between the pre-disaster U.S.C. 7333); and ity. and post-disaster inventory value, as deter- (B) in the event of violation of the con- (b) ADMINISTRATION.—Except as provided in mined by the Secretary using the wholesale tract, to repay to the Secretary any pay- subsection (a), the Secretary shall make as- price list of the producer, less the maximum ment received under this section. sistance available under this subsection in customer discount provided by the producer, ELATION TO OTHER ASSISTANCE.— (g) R the same manner as provided under section and not to exceed the prices in the Depart- (1) LINK TO ACTUAL LOSSES.—Assistance 806 of the Agriculture, Rural Development, ment of Agriculture publication entitled provided under subsection (a) to a producer Food and Drug Administration, and Related ‘‘Eligible Plant List and Price Schedule’’; for losses to a crop, together with the Agencies Appropriations Act, 2001 (Public (ii) 25 percent; and amounts specified in paragraph (2) applicable Law 106–387; 114 Stat. 1549A–51). (iii) the producer’s share of the loss. to the same crop, may not exceed 100 percent (c) MITIGATION.—In determining the eligi- (2) TROPICAL FRUIT PRODUCERS.—The of what the value of the crop would have bility for or amount of payments for which a amount of a payment to a tropical fruit pro- been in the absence of the losses, as esti- producer is eligible under this section, the ducer under subsection (a)(2) shall be equal mated by the Secretary. Secretary shall not penalize a producer that to the product obtained by multiplying (as (2) OTHER PAYMENTS.—In applying the limi- takes actions (including recognizing disaster determined by the Secretary)— tation in paragraph (1), the Secretary shall conditions) that reduce the average number (A) the number of acres affected; include the following: of livestock the producer owned for grazing (B) the payment rate; and (A) Any crop insurance payment made during the production year for which assist- (C) the producer’s share of the crop. under the Federal Crop Insurance Act (7 ance is being provided. (3) PAYMENT LIMITATION.—The Secretary U.S.C. 1501 et seq.) or payment under section (d) INCLUSION OF POULTRY.—In providing shall not impose any payment limitation on 196 of the Federal Agricultural Improvement assistance under this section, the Secretary an assistance payment made to a nursery, and Reform Act of 1996 (7 U.S.C. 7333) that shall include poultry within the definition of fernery, or tropical fruit producer under the producer receives for losses to the same ‘‘livestock’’. paragraph (1) or (2) of subsection (a). crop. (d) DEBRIS-REMOVAL ASSISTANCE.— (B) Assistance received under any other TITLE III—FORESTRY (1) AVAILABILITY OF ASSISTANCE.—The Sec- emergency crop loss authority. SEC. 301. TREE ASSISTANCE PROGRAM. retary shall use such sums as are necessary (C) The value of the crop that was not lost (a) SPECIFIC INCLUSION OF NURSERY TREES, of funds of the Commodity Credit Corpora- (if any), as estimated by the Secretary. CHRISTMAS TREES, TIMBER AND FOREST PROD- tion to make emergency financial assistance (h) ADJUSTED GROSS INCOME LIMITATION.— UCTS.—Section 10201 of the Farm Security available to commercial ornamental nursery The average adjusted gross income limita- and Rural Investment Act of 2002 (7 U.S.C.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.053 S15NOPT1 S12846 CONGRESSIONAL RECORD — SENATE November 15, 2005 8201) is amended by striking paragraph (1) farmworkers under section 2281 of the Food, TITLE VII—TIMBER TAX RELIEF and inserting the following: Agriculture, Conservation, and Trade Act of SEC. 701. TIMBER TAX RELIEF FOR BUSINESSES ‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eli- 1990 (42 U.S.C. 5177a) AFFECTED BY CERTAIN NATURAL gible orchardist’ means— DISASTERS. (b) USE OF GRANTS.—Grants provided under ‘‘(A) a person that produces annual crops (a) CASUALTY LOSSES.— this section may be used to provide such from trees for commercial purposes; (1) IN GENERAL.—Section 1211 of the Inter- emergency services as the Secretary deter- ‘‘(B) a nursery grower that produces field- nal Revenue Code of 1986 (relating to limita- grown trees, container-grown trees, or both, mines to be necessary, including— tion of capital losses) shall not apply to any whether or not the trees produce an annual (1) the repair of existing farmworker hous- qualified timber loss. ing and construction of new farmworker crop, intended for replanting after commer- (2) QUALIFIED TIMBER LOSS.—For purposes cial sale; or housing units to replace housing damaged as of this subsection, the term ‘‘qualified tim- ‘‘(C) a forest landowner who produces peri- a result of hurricanes during 2005; and ber loss’’ means a loss with respect to timber odic crops of timber, Christmas trees, or (2) the reimbursement of public agencies which is attributable to— pecan trees for commercial purposes.’’. and private organizations for emergency (A) Hurricane Dennis, services provided to low-income migrant or (b) APPLICATION OF AMENDMENT.—The Sec- (B) Hurricane Katrina, retary shall apply the amendment made by seasonal farmworkers after October 31, 2005. (C) Hurricane Rita, or subsection (a) beginning in disaster counties. TITLE VI—FISHERIES (D) Hurricane Wilma. (c) COST-SHARING WAIVERS.— (b) INCREASED EXPENSING FOR REFOREST- (1) TREE ASSISTANCE PROGRAM.—The cost- SEC. 601. FISHERIES ASSISTANCE. ATION EXPENDITURES.— sharing requirements of section 10203(1) of (1) IN GENERAL.—In applying section 194(b) (a) FUNDS FOR OYSTER RESTORATION.— the Farm Security and Rural Investment of the Internal Revenue Code of 1986 to any (1) IN GENERAL.—Not later than 30 days Act of 2002 (7 U.S.C. 8203(1)) shall not apply specified qualified timber property for the after the date of enactment of this Act, out to the operation of the tree assistance pro- first taxable year beginning after the date of of any funds in the Treasury not otherwise gram in disaster counties in response to the the enactment of this section, subparagraph appropriated, the Secretary of the Treasury hurricanes of calendar year 2005. (B) of section 194(b)(1) shall be applied— shall transfer to the Secretary of Commerce (2) COOPERATIVE FORESTRY ASSISTANCE (A) by substituting ‘‘$20,000’’ for ‘‘$10,000’’, $10,000,000 to provide assistance for reseed- ACT.—The cost-sharing requirements of the and ing, rehabilitation, and restoration of oyster Cooperative Forestry Assistance Act of 1978 (B) by substituting ‘‘$10,000’’ for ‘‘$5,000’’. reefs located in Alabama, Florida, Louisiana, (16 U.S.C. 2101 et seq.) shall not apply in dis- (2) SPECIFIED QUALIFIED TIMBER PROP- or Mississippi. aster counties during the 2-year period be- ERTY.—The term ‘‘specified qualified timber (2) AVAILABILITY OF FUNDS.—The funds ginning on the date of enactment of this Act. property’’ means qualified timber property transferred under paragraph (1) shall remain (3) REFORESTATION.—In carrying out the (within the meaning of section 194(c)(1) of available until September 30, 2007. tree assistance program under subtitle C of the Internal Revenue Code of 1986) which is (3) RECEIPT AND ACCEPTANCE.—The Sec- title X of the Farm Security and Rural In- located in an area with respect to which a retary of Commerce shall be entitled to re- vestment Act of 2002 (7 U.S.C. 8201 et seq.), natural disaster has been declared by the ceive, shall accept, and shall use as described the Secretary shall provide such funds as are President under section 401 of the Robert T. in this section the funds transferred under necessary to compensate forest owners Stafford Disaster Relief and Emergency As- paragraph (1) without further appropriation. that— sistance Act as a result of— (A) produce periodic crops of timber or (b) FUNDS FOR FISHERIES DISASTER ASSIST- (A) Hurricane Dennis, Christmas trees for commercial purposes; ANCE.— (B) Hurricane Katrina, and (1) IN GENERAL.—In addition to amounts (C) Hurricane Rita, or (B) have suffered tree losses in disaster appropriated or otherwise made available, (D) Hurricane Wilma. counties. not later than 30 days after the date of en- TITLE VIII—MISCELLANEOUS actment of this Act, out of any funds in the TITLE IV—CONSERVATION SEC. 801. INFRASTRUCTURE LOSSES. Treasury not otherwise appropriated, the (a) INFRASTRUCTURE LOSSES.—The Sec- SEC. 401. EMERGENCY CONSERVATION PRO- Secretary of the Treasury shall transfer to GRAM. retary shall compensate producers on a farm the Secretary of Commerce $60,000,000 to pro- (a) SPECIFIC INCLUSION OF NURSERY AND in a disaster county for costs incurred to re- vide fisheries disaster assistance. FERNERY PRODUCERS AND INTERIOR FENCES.— pair or replace barns, greenhouses, shade (2) LIMITATION ON USE OF FUNDS.—Of the Section 401 of the Agricultural Credit Act of houses, poultry houses, beehives, and other funds transferred under paragraph (1)— 1978 (16 U.S.C. 2201) is amended— structures, equipment, and fencing that— (A) not more than 5 percent of such funds (1) by striking ‘‘sec. 401. The Secretary’’ (1) was used to produce or store any agri- may be used for administrative expenses; and and inserting the following: cultural commodity; and (B) none of such funds may be used for lob- (2) was damaged or destroyed by the hurri- ‘‘SEC. 401. PAYMENTS TO AGRICULTURAL PRO- bying activities or representational ex- DUCERS FOR WIND EROSION CON- canes of calendar year 2005. penses. TROL OR REHABILITATION MEAS- (b) TIMING OF ASSISTANCE.—The Secretary URES. (3) RECEIPT AND ACCEPTANCE.—The Sec- may provide assistance authorized under this ‘‘(a) IN GENERAL.—The Secretary’’; and retary of Commerce shall be entitled to re- section in the form of— (2) by adding at the end the following: ceive, shall accept, and shall use as described (1) reimbursement for eligible repair or re- ‘‘(b) INCLUSIONS.—In this title: in this section the funds transferred under placement costs previously incurred by pro- ‘‘(1) AGRICULTURAL PRODUCER.—The term paragraph (1) without further appropriation. ducers; or ‘agricultural producer’ includes a producer of (c) PROVISION OF ASSISTANCE.— (2) cash or in-kind assistance in advance of nursery or fernery crops. (1) LUMP SUM PAYMENTS TO STATES.—The the producer undertaking the needed repair ‘‘(2) INTERIOR FENCES.—The term ‘fences’ Secretary of Commerce shall use the funds or replacement work. includes both perimeter pasture and interior transferred under this section to provide di- (c) PAYMENT LIMITATIONS.—Assistance pro- corral fences.’’. rect lump sum payments to the States of vided under this section to a producer for a (b) APPLICATION OF AMENDMENT.—The Sec- Louisiana, Mississippi, Alabama, and Florida repair or replacement project, together with retary shall apply the amendment made by to provide assistance to persons located in a amounts received for the same project from subsection (a)(2) beginning in disaster coun- disaster county who have experienced sig- insurance proceeds or other sources, may not ties. nificant economic hardship due to the loss of exceed 95 percent of the costs incurred to re- (c) COMPENSATION.—The Secretary shall fisheries, oysters, lobsters, stone crabs, or pair or replace the damaged or destroyed use funds of the Commodity Credit Corpora- clams, destroyed or damaged processing fa- structures, equipment, or fencing, as esti- tion to compensate producers on a farm op- cilities, or closures due to red tide or other mated by the Secretary. erating in a disaster county for costs associ- water quality issues. (d) LOAN ELIGIBILITY.—After approval of ated with repairing structures, barns, stor- (2) USE OF FUNDS.—Funds transferred to the county committee established under sec- age facilities, poultry houses, beehives, the Secretary of Commerce under this section 8 of the Soil Conservation and Domestic greenhouses, and shade houses due to hurri- tion shall be used to provide assistance— Allotment Act (16 U.S.C. 590h) for the county cane damage in calendar year 2005. (A) to individuals, with priority given to or other area in which the farming operation TITLE V—LOW-INCOME MIGRANT AND food, energy needs, housing assistance, is located, the producers on a farm in a dis- SEASONAL FARMWORKERS transportation fuel, and other urgent needs; aster county shall be eligible to receive an SEC. 501. EMERGENCY GRANTS FOR LOW-INCOME (B) to small businesses, including fisher- emergency loan under subtitle C of the Con- MIGRANT AND SEASONAL FARM- men, fish processors, and related businesses solidated Farm and Rural Development Act WORKERS. serving the fishing industry; (7 U.S.C. 1961 et seq.) regardless of whether (a) IN GENERAL.—The Secretary shall use (C) to carry out activities related to do- the producers satisfy the requirements of the $40,000,000 of funds of the Commodity Credit mestic product marketing and seafood pro- first proviso of section 321(a) of that Act (7 Corporation, to remain available until De- motion; and U.S.C. 1961(a)). cember 31, 2007, to provide emergency grants (D) to carry out seafood testing programs SEC. 802. COMMODITY CREDIT CORPORATION. to assist low-income migrant and seasonal operated by a State. Except as otherwise provided in this Act—

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.053 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12847 (1) the Secretary shall use the funds, facili- unaddressed and far too many older neglect. It is our hope that this Center ties, and authorities of the Commodity Cred- Americans will suffer. will improve the quality, quantity and it Corporation to carry out this Act; and Few pressing social issues have been accessibility of information available (2) funds made available under this Act as systematically ignored as elder on elder abuse. In addition, the bill es- shall remain available until expended. abuse. In fact, 25 years of congressional tablishes a National Elder Justice Li- SEC. 803. EMERGENCY DESIGNATION. The amounts provided under this Act or hearings on the devastating effects of brary within the Center to serve as a under amendments made by this Act to re- elder abuse have found this problem to centralized repository for materials on spond to the hurricanes of calendar year 2005 be a ‘‘disgrace’’ and a ‘‘burgeoning na- training, technical assistance and are designated as an emergency requirement tional scandal.’’ Yet, to date, no fed- promising practices related to elder pursuant to section 402 of H. Con. Res. 95 eral legislation has been enacted to ad- justice. (109th Congress). dress elder abuse in a comprehensive S. 2010 also improves, streamlines SEC. 804. REGULATIONS. manner. and promotes uniform collection and (a) IN GENERAL.—The Secretary may pro- During that same time period, Con- dissemination of national data related mulgate such regulations as are necessary to gress passed comprehensive bills to ad- to elder abuse, neglect and exploi- implement this Act and the amendments made by this Act. dress child abuse and crimes against tation. Today, data on elder abuse are (b) PROCEDURE.—The promulgation of the women, yet there is not one full-time very limited. The Director of the Cen- regulations and administration of this Act Federal employee working on elder ters for Disease Control and Preven- and the amendments made by this Act shall abuse in the entire Federal Govern- tion, CDC, is directed to develop a be made without regard to— ment. method for collecting national data re- (1) the notice and comment provisions of The cost of elder abuse is high. This garding elder abuse and then create section 553 of title 5, United States Code; is true in terms of needless human suf- uniform national data reporting forms (2) the Statement of Policy of the Sec- fering, inflated health care costs, lim- to help determine what a reportable retary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of ited Federal resources and the loss of event on elder abuse is. proposed rulemaking and public participa- one of our greatest national assets— The legislation includes several tion in rulemaking; and the wisdom and experience of older grants to combat elder abuse including (3) chapter 35 of title 44, United States citizens. grants to improve data collection ac- Code (commonly known as the ‘‘Paperwork S. 2010 is designed to create a na- tivities on elder abuse prevention and Reduction Act’’). tional focus on elder abuse to increase prosecution of elder abuse cases. These (c) CONGRESSIONAL REVIEW OF AGENCY detection, prevention, prosecution and grants would establish five Centers of RULEMAKING.—In carrying out this section, victim assistance. It ensures that Excellence nationwide to specialize in the Secretary shall use the authority provided under section 808 of title 5, United states, communities, consumers and research, clinical practice and training States Code. families will have access to the infor- related to elder abuse. mation and resources they need to con- In addition, the HHS Secretary will By Mr. HATCH (for himself, Mrs. front this difficult issue. award safe haven grants to six diverse LINCOLN, Mr. SMITH, and Mr. By addressing law enforcement, so- communities to examine elder shelters KOHL): cial service and public health concerns, to test various models for establishing S. 2010. A bill to amend the Social Se- our bill uses the proven approach Con- safe havens. Elder victims’ needs, curity Act to enhance the Social Secu- gress has adopted to combat child which are rarely addressed, will be bet- rity of the Nation by ensuring ade- abuse and violence against women. ter met by supporting the creation of quate public-private infrastructure and I would like to take this opportunity safe havens for seniors who are not safe to resolve to prevent, detect, treat, in- to describe our legislation in more de- where they live. Development of safe tervene in, and prosecute elder abuse, tail. haven programs which focus on the neglect, and exploitation, and for other The Elder Justice Act establishes special needs of at-risk elders and older purposes; to the Committee on Fi- dual Offices of Elder Justice at the De- victims are needed and necessary. nance. partments of Justice, DOJ, and Health The legislation directs the HHS Sec- Mr. HATCH. Mr. President, with my and Human Services, HHS, to coordi- retary to award training grants to good friend and colleague, Senator nate Federal, State and local efforts to groups with responsibility for elder jus- BLANCHE LINCOLN, I rise to introduce combat elder abuse in residential and tice, eligible entities to provide care the Elder Justice Act of 2005. We are institutional settings. In addition, an for those with dementia and certain en- joined in this effort by Senator GORDON Elder Justice Coordinating Council tities to make recommendations on SMITH, the chairman of the Aging Com- will be established to make rec- caring for underserved populations of mittee, and Senator HERB KOHL, the ommendations to the HHS Secretary seniors living in rural areas, minority ranking minority member of that com- and the Attorney General on coordi- populations, and Indian tribes. Train- mittee. nating activities of Federal agencies ing to combat elder abuse, neglect and As my colleagues may recall, Senator related to elder abuse. This Council is exploitation will be supported both JOHN BREAUX and I introduced similar specifically mandated to advise us on within individual disciplines and in legislation in both the 107th and 108th legislation, model laws and other ap- multi-disciplines such as public health, Congresses, with the strong support of propriate action on addressing elder social service and law enforcement set- Senators LINCOLN, SMITH and KOHL. abuse. tings. The bill was reported by the Finance The bill creates an Advisory Board In addition, our bill directs the Sec- Committee last year, but unfortu- on Elder Abuse, Neglect and Exploi- retary to award fellowships to individ- nately it was not approved before we tation to establish a short-term and uals so they may obtain training in adjourned. long-term multi-disciplinary strategic both forensic pathology and geriatrics. Although the number of older Ameri- plan for expanding the field of elder An individual receiving such a fellow- cans is growing at a rapid pace, thou- justice. The board would make rec- ship shall provide training in forensic sands of cases of elder abuse go ommendations to HHS, DOJ, and the geriatrics to interdisciplinary teams of unaddressed every day. The problem of Elder Justice Coordinating Council and health care professionals. Grants also elder abuse, neglect and exploitation submit to HHS, DOJ, and Congress in- would be awarded to create programs has long been invisible and is probably formation and recommendations on to increase the number of health care one of the most serious issues facing elder justice programs, activities and professionals with geriatric training. seniors and their families. legislation. Finally, the Elder Justice Act directs Research in the field is scarce, but, The Elder Justice Act also directs the HHS Secretary to award grants to by some estimates, up to five million the HHS Secretary to establish an conduct a national multimedia cam- cases of elder abuse, neglect and ex- Elder Resource Center to develop ways paign to raise awareness on elder ploitation occur each year. Without to collect, maintain and disseminate abuse. more attention and more resources, far information relevant to consumers, Our legislation also requires a num- too many of these cases of abuse, ne- families and providers in order to pro- ber of studies on elder abuse including glect and exploitation will go tect individuals from elder abuse and one on the responsibilities of federal,

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.053 S15NOPT1 S12848 CONGRESSIONAL RECORD — SENATE November 15, 2005 state and local governments in re- stranger, an acquaintance, a paid care- light of life are protected from abuse sponse to reports of elder abuse. This giver, a corporation, and sadly, even a that threatens their safety, independ- study would be to improve response spouse or another family member. ence, and productivity. time to elder abuse and reduce elder Elder abuse happens everywhere, at all Mr. SMITH. Mr. President, I rise in victimization. levels of income and in all geographic support of the Elder Justice Act. In addition, the CDC Director is di- areas. No matter how rich you are, and My job as a Senator is to help protect rected to conduct a study on the best no matter where you live, no one is im- and defend the freedoms of all Ameri- method to address elder abuse from a mune. cans. As the Chairman of the Senate public health perspective, including re- Congress must make our seniors a Aging Committee it is an expressed ducing elder abuse, neglect and exploi- priority and pass the Elder Justice Act duty of mine to focus on one of our tation committed by family members. as soon as possible. more vulnerable populations, older Current statistics indicate that only 20 This bill represents the culmination Americans. percent of elder abuse occurs in long- of 25 years of congressional hearings on All too often we concentrate our ef- term care facilities and institutions— the distressing effects of elder abuse. It forts to stop crime on crimes that are 80 percent of elder abuse is committed represents a consensus agreement de- reported or easy to identify. However, in the home. veloped by the Elder Justice Coalition, crimes against the elderly are often The bill also establishes new pro- a national organization dedicated to never reported or identified. Many grams to assist victims and provides eliminating elder abuse, neglect, and older Americans find themselves reli- grants for education and training of exploitation in America. This bill re- ant on a caregiver or close one who is law enforcement and prosecutors. It reminds us of the fact that Congress has taking advantage of them physically or quires reporting of crimes in long-term already passed comprehensive bills to monetarily and have no means to take care settings, creates a national crimi- address child abuse and violence action against this individual. This nal background check program for against women but has continued to ig- scary and sad scenario happens more those employed by long-term care pro- nore the fact that we have no Federal often then we would like to admit. According to the best available esti- viders—something strongly advocated law enacted to date on elder abuse. mates, between 1 and 2 million Ameri- by Senator KOHL—and establishes a na- Every older person has the right to cans age 65 or older have been injured, tional nurse aide registry program be free of abuse, neglect, and exploi- exploited, or otherwise mistreated by based on recommendations by HHS. tation. And the Elder Justice Act will someone on whom they depended for Senior citizens cannot wait any enhance our knowledge about abuse of care or protection. Too many older longer for this legislation to pass. our seniors in all its terrible forms. It Americans suffer from the various More and more of us will enjoy will elevate elder abuse to the national forms of abuse and the legislation we longer life in relative health, but with stage. Too many of our seniors suffer are introducing today will take very this gift comes the responsibility to needlessly. Each year, anywhere be- important steps to stop the long ig- prevent the needless suffering too often tween 500,000 and 5 million seniors in nored problem of elder abuse. The borne by our frailest seniors. our country are abused, neglected, or Elder Justice Act prevents and treats In closing, I must note that our legis- exploited. And, sadly, most abuse goes elder abuse by: lation has been endorsed by the Elder unreported. Improving prevention and interven- Justice Coalition, a national member- This historical problem will only get tion through funding projects to make ship organization dedicated to elimi- worse as 77 million baby boomers age. older Americans safer in their homes, nating elder abuse, neglect, and exploi- The Elder Justice Act confronts elder facilities, and neighborhoods. The bill tation in America. This coalition, abuse in the same ways we combat specifically enhances long-term care which has been a strong advocate and child abuse and violence against staffing. supporter of the Elder Justice Act, has women: through law enforcement, pub- Creating forensic centers and tar- 397 members. lic health programs, and social services geting funding to develop expertise in This Congress, one of my top prior- at all levels of government. It also es- the detection of signs of elder abuse. ities is to get this bill signed into law, tablishes research projects to assist in Targeting funding to efforts to better once and for all, so that elder justice the development of future legislation. find ways to mitigate the consequences will become a reality for those Ameri- The Elder Justice Act will take steps of elder mistreatment. cans who need it most. Our seniors de- to make older Americans safer in their Enhancing collaboration by sup- serve no less. homes, nursing home facilities, and porting coordination between federal Mrs. LINCOLN. Mr. President, I am neighborhoods. It enhances detection and local entities including consumer pleased to join my distinguished col- of elder abuse and helps seniors recover advocates, long-term care facilities and league, Senator HATCH, to introduce from abuse after it starts. It increases most importantly families. the Elder Justice Act of 2005. I am collaboration between federal agencies My home state of Oregon has been a pleased that Senate Special Committee and between Federal, State, local, and leader in many of these efforts. One on Aging Chairman SMITH and Ranking private entities, law enforcement, program, the Elder Safe program IN Member KOHL are joining us as original longterm care facilities, consumer ad- Washington County, helps victims aged cosponsors of this important legisla- vocates, and families to prevent and 65 and older after a crime is reported to tion. treat elder abuse. police and continues to help them I have been a cosponsor of the Elder Each of us will grow older, and if through the criminal justice system. Justice Act since Senator BREAUX and we’re lucky, we will live for a very long Based at the Sheriff’s Office, Elder Safe Senator HATCH introduced the original time. A baby girl born today has a 50 collaborates with the District Attor- bill in 2002. I joined them again as a co- percent chance of living until she is 100 ney’s Office and the Department of sponsor in 2003 and helped pass a years old. What will we gain if we fail Aging and Veterans’ Services and all version of the legislation out of the to ensure that baby girl ages with dig- city police department to coordinate Senate Finance Committee in late 2004. nity, free of abuse, neglect, and exploi- services to help seniors read legal doc- Unfortunately and regrettably, the tation? As Hubert Humphrey said, uments or travel to the courthouse. As- Elder Justice Act failed to become law ‘‘The moral test of government is how sistance from the Elder Safe program last year, despite the incredible leader- that government treats those who are is tailored to the unique circumstance ship by Senator BREAUX and Senator in the dawn of life, the children; those of each victim and may include per- HATCH. It has yet to become law de- who are in the twilight of life, the el- sonal support, court advocacy, or help spite the fact that our Nation con- derly; and those who are in the shad- filling out forms. It is important that tinues to grow older and despite the ows of life, the sick, the needy, and the we support programs, like the Elder fact that the tragedy of elder abuse, handicapped.’’ Safe program, nationally. The Elder neglect, and exploitation continues. It is time for Congress to pass the Justice Act will be a huge boost to our Abuse of our senior citizens can be first comprehensive federal law to ad- efforts. I urge my colleagues on both physical, sexual, psychological, or fi- dress elder abuse, the Elder Justice Act sides of the aisle to support this impor- nancial. The perpetrator may be a of 2005, to ensure that those in the twi- tant bill.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.056 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12849 Mr. KOHL. Mr. President, I rise In addition to the background check without add-on particulate controls— today in strong support of the Elder provision, the Elder Justice Act takes such as an ESP or fabric filter—could Justice Act. I applaud the leadership a number of steps to prevent and treat satisfy air emissions regulatory re- and commitment that Senator HATCH elder abuse. First, it will improve pre- quirements in the United States. and Senator LINCOLN have shown to vention and intervention by funding Yet, that hasn’t stopped Inter- protecting our Nation’s senior citizens State and local projects that keep national Paper from proposing to burn by reintroducing this legislation. As older Americans safe. 72 tons a day of tires at its Ticon- Ranking Member of the Special Com- Second, it will improve collaboration deroga, NY mill without the addition mittee on Aging, I am pleased to join by bringing together a variety of dif- of commonly accepted emissions con- Senator SMITH, our Chairman, as an ferent Federal, State, local, and pri- trol technologies. Doing so jeopardizes original cosponsor of this important vate entities to address elder abuse. the health of Vermonters and New bill. The bill ensures that health officials, Yorkers alike. I also want to commend the bipar- social services, law enforcement, long- My bill requires EPA to issue per- tisan Elder Justice Coalition for its term care facilities, consumer advo- formance standards for fine particu- role in developing and moving this bill cates and families are all working to- lates for pulp and paper mills that forward. In particular, I would like to gether to confront this problem. switch to tire-derived fuels to ensure acknowledge the contributions of Wis- Third, it will develop expertise to that all communities across United consin members of the Coalition, in- better detect elder abuse, neglect and States are equally and fairly protected. cluding the Coalition of Wisconsin exploitation, by training health profes- My bill also requires EPA to study Aging Groups, the Wisconsin Associa- sionals in both forensic pathology and and report to Congress on the health tion of Area Agencies on Aging, and geriatrics. impacts of increased emissions, par- the Wisconsin Board on Aging and Fourth, it will develop victim assist- ticularly fine particulates, from the Long Term Care, among many others. ance programs for at-risk seniors and use of TDF. It also requires EPA to Passage of the Elder Justice Act is create ‘‘safe havens’’ for seniors who work with Health and Human Services long overdue, and we look forward to are not safe where they live. to document the rates of childhood dis- working with the Coalition to ensure Finally, it will give extra resources eases—particularly respiratory dis- that it becomes law as soon as possible. to law enforcement officials to inves- eases—of children that live or attend In the past forty years, our Nation tigate cases of elder abuse and make school within a 20-mile radius of a pulp has made great strides to address the them a top priority. and paper mill burning TDF. ugly truth of child abuse and domestic Once again, I thank Senators HATCH I invite my colleagues to join me in violence in our society. We have made and LINCOLN for bringing the issue of my efforts to ensure that all Ameri- a difference by making comprehensive elder abuse to the forefront by re-intro- cans are equally protected from the legislation designed to combat these ducing this important legislation. I harmful effects of the burning of tire- terrible issues a top priority. Today, I urge my colleagues to join us in sup- derived fuel without adequate air pol- ask the Congress to once again focus porting it. lution controls. I ask unanimous con- on the issue of abuse only this time, to sent that the text of the bill be printed By Mr. JEFFORDS (for himself focus on the grim reality of elder in the RECORD. abuse, neglect and exploitation. and Mr. LEAHY): There being no objection, the bill was For the past 25 years, Congress has S. 2011. A bill to require the Adminis- ordered to be printed in the RECORD, as trator of the Environmental Protection held hearings on the devastating ef- follows: fects of elder abuse; yet no comprehen- Agency to establish performance stand- S. 2011 sive action has been taken. Abuse of ards for fine particulates for certain the elderly is certainly nothing new, pulp and paper mills, and for other pur- Be it enacted by the Senate and House of Rep- but as our Nation has aged and the poses; to the Committee on Environ- resentatives of the United States of America in Congress assembled, Baby Boom generation stands on the ment and Public Works. cusp of retirement, the prevalence of Mr. JEFFORDS. Mr. President, today SECTION 1. SHORT TITLE. I am introducing the Tire Derived Fuel This Act may be cited as the ‘‘Tire-Derived elder abuse will only get worse. The Fuel Safety Act of 2005’’. time to act is now. The shame and Safety Act of 2005 to ensure that Amer- SEC. 2. COMBUSTION OF TIRE-DERIVED FUEL. scandal of abuse, neglect and exploi- icans living near pulp and paper mills (a) DEFINITIONS.—In this section: that burn tires for energy are protected tation of our Nation’s seniors can no (1) ADMINISTRATOR.—The term ‘‘Adminis- longer be ignored or tolerated. from the potential harmful effects of trator’’ means the Administrator of the En- I am pleased that the Elder Justice air pollutants such as fine particulates. vironmental Protection Agency. Act includes one of my top priorities— As the price of oil and natural gas (2) ELIGIBLE MILL.—The term ‘‘eligible a provision mandating a national continues to rise, U.S. manufacturing mill’’ means any pulp or paper mill (SIC code criminal background check system for facilities are seeking alternative en- 2611 or 2621) that burns or proposes to burn nursing home, home health and other ergy sources. Pulp and paper mills, in tire-derived fuel. long-term care employees. While the particular, are replacing these high (3) EMISSION.—The term ‘‘emission’’ means an emission into the air of— vast majority of employees are hard- cost energy sources with lower cost (A) a criteria pollutant, including a fine working, dedicated and professional, it tire derived fuels or TDF due to its particulate; or is simply too easy for people with abu- high-energy value. (B) a hazardous air pollutant. sive and criminal backgrounds to find The burning of tires results in the (4) TIRE-DERIVED FUEL.—The term ‘‘tire-de- work in long term care. emissions of particulates, carbon mon- rived fuel’’ means fuel derived from whole or Today, seven States, including my oxide, sulfur oxides, nitrogen oxides, shredded tires, including in combination home State of Wisconsin, are engaged volatile organic compounds, PCBs, ar- with another fuel. in a pilot project to require FBI crimi- senic, cadmium, nickel, zinc, mercury, (b) REQUIREMENTS FOR APPROVAL.— nal background checks before hiring a chromium and vanadium. These air (1) IN GENERAL.—Except as provided in paragraph (2), notwithstanding any other new employee. The Elder Justice Act pollutants can have serious health im- provision of law, the Administrator shall not will ensure that once the pilot is over, pacts on the people living downwind of issue a permit under the Clean Air Act (42 we will move to a national criminal facilities when effective emissions con- U.S.C. 7401 et seq.), and shall object to the background check system so seniors in trol technologies are not used. issuance of a permit under section 505(b) of all fifty states will be protected. I want Luckily, most U.S. pulp and paper that Act (42 U.S.C. 7661d(b)), authorizing the to thank Senators HATCH and LINCOLN mills that burn TDF have already in- burning of tire-derived fuel at an eligible and their staff for working with me to stalled electrostatic precipitators or mill that is a major stationary source (as de- once again include this provision as a fabric filters to control for fine partic- fined in section 111(a) of that Act (42 U.S.C. 7411(a))) unless— key part of the Elder Justice Act. I ulate emissions. And, in fact, EPA’s (A) the Administrator has listed the source very much appreciate their efforts and 1997 ‘‘Air Emissions From Scrap Tire as part of a source category for which a per- look forward to working with them to Combustion’’ report states that it is formance standard has been established see that it becomes law. not likely that a solid fuel combustor under subsection (c); and

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G15NO6.073 S15NOPT1 S12850 CONGRESSIONAL RECORD — SENATE November 15, 2005 (B) the source demonstrates to the satis- Commerce, Science, and Transpor- the regional council process—it pro- faction of the Administrator that the tation. vides additional financial disclosure resource— Mr. STEVENS. Mr. President, today quirements for council members and (i) will install any control equipment re- I come to the Senate, along with my quired or make the necessary process clarifies the act’s conflict of interest changes before the date on which the source good friend and coauthor, Senator DAN and recusal requirements. begins operation; and INOUYE of Hawaii, to introduce a bill to In order to prevent overfishing and (ii) will operate at or below the required reauthorize the Magnuson-Stevens preserve the sustainable harvest of emissions performance standards as dem- Fisheries Conservation and Manage- fishery resources in all eight regional onstrated by data from a continuous emis- ment Act. council jurisdictions, this bill man- sions monitoring device. This legislation reauthorizes the law dates the use of annual catch limits (2) INTERIM PERMITS.—Notwithstanding that manages and regulates fisheries in which shall not be exceeded. Under the paragraph (1), the Administrator may ap- the United States exclusive economic prove an interim permit (including a trial 1996 Sustainable Fisheries Act, over- permit) to burn tire-derived fuel at a new eli- zone. It is cosponsored by Senators fishing of overfished stocks was to end. gible mill, or an eligible mill in existence on SNOWE, CANTWELL, and VITTER. To meet this goal, we required the im- the date of enactment of this Act, that is a The law was originally enacted in plementation of rebuilding plans which major stationary source (as defined in sec- 1976. A that time it was titled the Fish- would restore any overfished species to tion 111(a) of the Clean Air Act (42 U.S.C. ery Conservation and Management Act. sustainable levels. It has been almost 7411(a))) that demonstrates to the satisfac- Senator Warren Magnuson and I devel- 10 years since we passed the Sustain- tion of the Administrator that the source— oped the law after Warren sent me to (A) will install— able Fisheries Act and overfishing of (i) an electrostatic precipitator; monitor the law of the sea negotia- overfished stocks remains a significant (ii) a Kevlar baghouse; or tions, which took place all over the problem. The legislation we are intro- (iii) any other technology that achieves a world. A concept considered during ducing today requires every fishery reduction in emissions that is equivalent to these negotiations was the expansion management plan to contain an annual the reduction achieved using an electrostatic of a coastal nation’s sovereignty over catch limit which is set at or below op- precipitator or a Kevlar baghouse; and its seaward waters out to 200 miles. timum yield, based on the best sci- (B) will operate at or below the required Warren and I took a bipartisan ap- entific information available. emissions performance standards as dem- proach to the legislation and developed onstrated by data from a continuous emis- This bill also requires that any har- sions monitoring device. a bill that established our country’s ex- vests exceeding the annual catch limit (c) STANDARDS FOR CERTAIN PULP AND clusive right to harvest fishery re- be deducted from the annual catch PAPER MILLS.— sources from 3 to 200 miles and put in limit for the following year. (1) ESTABLISHMENT.— place one of the most successful Fed- An important recommendation from (A) IN GENERAL.—Not later than 18 months eral-State management systems. This the U.S. Commission on Ocean Policy after the date of enactment of this Act, the system recognized the complexity of was to establish national standards for Administrator shall establish performance standards for fine particulates for— our differing fish stocks and the unique quota programs. Our legislation estab- (i) new eligible mills; and regional approaches needed to manage lishes national guidelines for the har- (ii) eligible mills in existence on the date these resources. vesting of fish for limited access privi- on which the standards are proposed. This is now the seventh authoriza- lege programs, which are also called (B) REQUIREMENTS.—In establishing stand- tion of the act we created over 30 years LAPPs. These guidelines would require ards under subparagraph (A), the Adminis- ago. It is the first reauthorization I that any LAPP must accomplish im- trator shall— have been a part of as chairman of the portant objectives, including: assisting (i) ensure that the standards would result Commerce, Science, and Transpor- in rebuilding an overfished fishery; re- in reductions in emission levels that are at tation Committee, which has jurisdic- least equal to reductions achieved through ducing capacity in a fishery that is the use of an electrostatic precipitator or tion over this legislation. overcapitalized; promoting the safety Kevlar baghouse; and The Magnuson-Stevens Fishery Con- of human life at sea; promoting con- (ii) require pulp and paper mills that are in servation and Management Act of 2005 servation and management; and pro- operation as of the date on which the stand- implements many of the recommenda- viding a system for monitoring, man- ards are proposed, but that are not in com- tions made by the U.S. Commission on agement, and enforcement of the pro- pliance with those standards, to come into Ocean Policy—the first such commis- gram. compliance with the standards by not later sion authorized by Congress to review The regional councils, the adminis- than 18 months after the effective date of the our nation’s ocean policies and laws in tration, and to a lesser extent the U.S. standards. over 35 years. This was coauthored by (2) STUDY AND REPORT ON GENERAL HEALTH Commission on Ocean Policy, all rec- EFFECTS.—Not later than 1 year after the my great friend from South Carolina, ommended we address the inconsist- date of enactment of this Act, the Adminis- Senator Ernest Hollings. The Commis- encies between the Magnuson-Stevens trator shall conduct a study, and submit to sion’s recommendations were impor- Act and the National Environmental Congress a report, on the impact on human tant to the development of this act we Protection Act. They recommended we health of increased emissions, especially fine present to the Senate today. resolve timeline or ‘‘process’’ issues particulates, from the use of tire-derived The intent of this legislation is to which have required councils to spend fuel. authorize these recommendations and much of their time and funding devel- (3) REPORT ON HEALTH EFFECTS ON CERTAIN to build on some of the sound fishery CHILDREN.—As soon as practicable after the oping litigation-proof environmental date of enactment of this Act, the Adminis- management principles we passed in impact statements and environmental trator, in coordination with the Secretary of the Sustainable Fisheries Act in 1996, assessments under NEPA. Health and Human Services, shall submit to which was the last time we reauthor- This bill provides a uniform process Congress a report that describes the rates of ized the act. under which councils can consider the birth defects and childhood diseases (particu- Our bill will preserve and strengthen substantive requirements of NEPA larly respiratory and immune system dis- the regional fishery management coun- while adhering to the timelines found eases) of children that live or attend school cils. The eight regional councils lo- in Magnuson-Stevens when they are de- within a 20-mile radius of any pulp and paper cated around the United States and mill that burns tire-derived fuel. veloping fishery management plans, Caribbean Islands are a model of Fed- plan amendments, and regulations. By Mr. STEVENS (for himself, eral oversight benefiting from local in- Several of the provisions in this bill Mr. INOUYE, Ms. SNOWE, Ms. novation and management approaches. strengthen the role of science in coun- CANTWELL, Mr. VITTER, and This reauthorization establishes a cil decisionmaking, which was another Mrs. BOXER): council training program designed to strong recommendation made by the S. 2012. A bill to authorize appropria- prepare members for the numerous U.S. Commission on Ocean Policy. Our tions to the Secretary of Commerce for legal, scientific, economic, and conflict bill specifies that the scientific and the Magnuson-Stevens Fishery Con- of interest requirements which apply statistical committees, called SSCs, servation and Management Act for fis- to the fishery management process. In are to provide their councils with on- cal years 2006 through 2012, and for addition, this reauthorization address- going scientific advice needed for man- other purposes; to the Committee on es concerns over the transparency of agement decisions. This may include

VerDate Aug 31 2005 04:16 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.060 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12851 recommendations on acceptable bio- retary to promote international co- resolution of advice and consent on the logical catch or optimum yield, annual operation and strengthen the ability of treaty on July 31, 2003. This legislation catch limits, or other mortality limits. regional fishery management organiza- is needed for the U.S. to ratify and im- The SSCs are also expected to advise tions to combat IUU and other harmful plement the treaty. The administra- the councils on a variety of other fishing practices. In addition, this leg- tion is supportive of the treaty and the issues, including stock status and islation allows the use of measures au- proposed legislation, as are Alaska Na- health, bycatch, habitat status, and so- thorized under the High Seas Driftnet tives, the State of Alaska, and con- cioeconomic impacts. Act to force compliance in cases where servation groups. We have enhanced the overall effec- regional or international fishery man- Russia has indicated that once the tiveness of this act by improving data agement organizations are unable to U.S. ratifies the treaty, it will prompt- collection and management. Our legis- stop IUU fishing. ly do the same. lation authorizes a national coopera- I have been pleased with the bipar- f tive research and management pro- tisan approach we have taken on this gram, which would be implemented on bill. My co-chairman, Senator INOUYE, SUBMITTED RESOLUTIONS a regional basis and conducted through and I have worked together on this re- partnerships between Federal and authorization, and I look forward to State managers, commercial and rec- working with my colleagues on the SENATE RESOLUTION 312—EX- reational fishing industry participants, Commerce Committee to move this PRESSING THE SENSE OF THE and scientists. This will improve data legislation forward. SENATE REGARDING THE NEED related to recreational fisheries by es- FOR THE UNITED STATES TO tablishing a new national program for By Mr. STEVENS (for himself ADDRESS GLOBAL CLIMATE the registration of marine recreational and Mr. INOUYE): CHANGE THROUGH THE NEGO- fishermen who fish in Federal waters. S. 2013. A bill to amend the Marine TIATION OF FAIR AND EFFEC- Our legislation also directs the sec- Mammal Protection Act of 1972 to im- TIVE INTERNATIONAL COMMIT- retary, in cooperation with the coun- plement the Agreement on the Con- MENTS cils, to create a regionally based by- servation and Management of the Alas- Mr. LUGAR (for himself and Mr. ka-Chukotka Polar Bear Population; to catch reduction engineering program BIDEN) submitted the following resolu- which will develop technological de- the Committee on Commerce, Science, tion; which was referred to the Com- vices and engineering techniques for and Transportation. mittee on Foreign Relations: Mr. STEVENS. Mr. President, I in- minimizing bycatch, bycatch mor- S. RES. 312 tality, and post-release mortality. troduce today a bill to implement the Whereas there is a scientific consensus, as The Magnuson-Stevens Act has provisions of the ‘‘Agreement Between the Government of the United States of established by the Intergovernmental Panel worked well. It has enabled effective on Climate Change and confirmed by the Na- conservation and management of our America and the Government of the tional Academy of Sciences, that the contin- fishery resources and allowed for sus- Russian Federation on the Conserva- ued buildup of anthropogenic greenhouse tainable harvests. Both the U.S. Com- tion and Management of the Alaska- gases in the atmosphere threatens the sta- mission on Ocean Policy and the Pew Chukotka Polar Bear Population’’. bility of the global climate; Oceans Commission singled out the This bill is co-sponsored by Senator Whereas there are significant long-term fisheries managed by the North Pacific INOUYE. risks to the economy and the environment of the United States from the temperature in- Council—which does not have an over- The United States-Russia Polar Bear Conservation and Management Imple- creases and climatic disruptions that are fished or endangered species of fish—as projected to result from increased green- an example of proper fisheries manage- mentation Act of 2005 will amend the house gas concentrations; ment. Marine Mammal Protection Act adding Whereas the potential impacts of global Let me say that again. They singled provisions to create a binational U.S. climate change, including long-term out the fisheries management by the and Russian Polar Bear Commission. drought, famine, mass migration, and abrupt North Pacific Council, which does not This commission will be authorized to climatic shifts, may lead to international have an overfished or endangered spe- determine annual take limits and the tensions and instability in regions affected cies of fish, as an example of proper adoption of other measures to restrict and thereby have implications for the na- the taking of polar bears for subsist- tional security interests of the United fisheries management. States; The council consistently sets an opti- ence purposes. The Commission will Whereas the United States, as the largest mum yield far below the acceptable bi- also identify polar bear habitats and economy in the world, is also the largest ological catch, and the fisheries in its ‘‘develop recommendations for habitat greenhouse gas emitter; jurisdiction have remained sustainable conservation measures.’’ Additionally, Whereas the greenhouse gas emissions of and abundant. That is the North Pa- it prohibits the possession, import, ex- the United States are currently projected to cific Council, Mr. President. Our goal is port, transport, sale, receipt, acquisi- continue to rise; to build upon this success and ensure tion, or purchase of any polar bear, or Whereas the greenhouse gas emissions of the sustainability of this resource for any part or product thereof, that is developing countries are rising more rapidly than the emissions of the United States and generations to come. taken in violation of the Agreement. will soon surpass the greenhouse gas emis- Unfortunately, management inter- This bill will simultaneously support sions of the United States and other devel- nationally and especially on the high- the conservation of U.S. and Russian oped countries; seas is lacking. Industrial foreign Polar Bear populations and the histor- Whereas reducing greenhouse gas emis- fleets continue to expand and fish in ical traditions of indigenous peoples in sions to the levels necessary to avoid serious remote and deep parts of the oceans. the arctic region. climatic disruption requires the introduction When we first developed this legisla- This implementing legislation for the of new energy technologies and other cli- tion over 30 years ago, such practices Polar Bear Treaty is necessary to es- mate friendly technologies, the use of which tablish the needed regulatory and man- results in low or no emissions of greenhouse were unimaginable. The illegal, unre- gases or in the capture and storage of green- ported, and unregulated—we call this agement entities in both the U.S. and house gases; IUU—fishing on the high-seas now Russia. The shared population of Polar Whereas the development and sale of cli- threatens the good management taking Bears that migrate between our two mate-friendly technologies in the United place in U.S. waters that we control. nations deserve the added protections States and internationally presents eco- Our bill strengthens U.S. leadership and conservation this bill will provide. nomic opportunities for workers and busi- in international conservation and man- The U.S.-Russian Polar Bear Treaty nesses in the United States; agement. It requires the Secretary of was completed and signed by both Whereas climate-friendly technologies can Commerce to establish an inter- countries on October 16, 2000. The Sen- improve air quality by reducing harmful pollutants from stationary and mobile sources, national compliance and monitoring ate Foreign Relations Committee held and can enhance energy security by reducing program and to provide Congress with a hearing on the treaty in June of 2003, reliance on imported oil, diversifying energy reports on our progress in reducing IUU and reported it out favorably on July sources, and reducing the vulnerability of fishing. This bill also requires the Sec- 23, 2003. The full Senate agreed to the energy delivery infrastructure;

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.063 S15NOPT1 S12852 CONGRESSIONAL RECORD — SENATE November 15, 2005 Whereas other industrialized countries are SENATE RESOLUTION 313—EX- Resolved, That it is the sense of the Senate undertaking measures to reduce greenhouse PRESSING THE SENSE OF THE that— gas emissions, which provides the industries SENATE THAT A NATIONAL (1) a National Methamphetamine Preven- in those countries with a competitive advan- METHAMPHETAMINE PREVEN- tion Week should be established to increase awareness of methamphetamine and educate tage in the growing global market for cli- TION WEEK SHOULD BE ESTAB- mate-friendly technologies; the public on effective ways to help prevent LISHED TO INCREASE AWARE- methamphetamine use at the international, Whereas efforts to limit emissions growth NESS OF METHAMPHETAMINE in developing countries in a manner that is Federal, State, and local levels; and AND TO EDUCATE THE PUBLIC consistent with the development needs of (2) the people of the United States and interested groups should be encouraged to ob- those countries could establish significant ON WAYS TO HELP PREVENT serve National Methamphetamine Preven- markets for climate-friendly technologies THE USE OF THAT DAMAGING tion Week with appropriate ceremonies and and contribute to international efforts to ad- NARCOTIC activities. dress climate change; Ms. CANTWELL submitted the fol- Whereas the United States is a party to the lowing resolution; which was referred f United Nations Framework Convention on to the Committee on the Judiciary: SENATE RESOLUTION 314—DESIG- Climate Change, done at New York May 9, S. RES. 313 1992, and entered into force in 1994 (herein- NATING THURSDAY, NOVEMBER Whereas methamphetamine is a highly ad- after referred to as the ‘‘Convention’’); 17, 2005, AS ‘‘FEED AMERICA dictive, man-made drug that can be injected, THURSDAY’’ Whereas the Convention sets a long-term snorted, smoked, or ingested orally, the ef- objective of stabilizing greenhouse gas con- fects of which include feelings of euphoria Mr. HATCH (for himself and Mr. BEN- centrations in the atmosphere at a level that that last for up to 24 hours and psychotic be- NETT) submitted the following resolu- would prevent dangerous anthropogenic in- havior such as auditory hallucinations, mood tion; which was considered and agreed terference with the climate system; disturbances, delusions, and paranoia, poten- to: Whereas the Convention establishes that tially causing the user to experience homi- parties bear common but differentiated re- cidal or suicidal thoughts as well as violent S. RES. 314 sponsibilities for efforts to achieve the objec- behavior and brain damage; Whereas Thanksgiving Day celebrates the tive of stabilizing greenhouse gas concentra- Whereas the number of admissions to spirit of selfless giving and an appreciation tions; treatment in which methamphetamine was for family and friends; Whereas an effective global effort to ad- the primary substance of abuse increased ex- Whereas the spirit of Thanksgiving Day is dress climate change must provide for com- ponentially from 20,776 in 1993 to 116,604 in a virtue upon which our Nation was founded; mitments and action by all countries that 2003; Whereas 33,000,000 Americans, including 13,000,000 children, continue to live in house- are major emitters of greenhouse gases, de- Whereas methamphetamine is easily pro- holds that do not have an adequate supply of veloped and developing alike, and the widely duced in clandestine laboratories, known as food; varying circumstances among the developed ‘‘meth labs’’, using a variety of volatile and toxic ingredients available in stores, and Whereas almost 3,000,000 of those children and developing countries may require that presents a danger to the individual preparing experience hunger; and such commitments and action vary; and the methamphetamine, the community sur- Whereas selfless sacrifice breeds a genuine Whereas the United States has the capa- rounding the laboratory, and the law en- spirit of Thanksgiving, both affirming and bility to lead the effort against global cli- forcement personnel who discover the lab- restoring fundamental principles in our soci- mate change: Now, therefore, be it oratory; ety: Now, therefore, be it Resolved, That it is the sense of the Senate Whereas the Drug Enforcement Adminis- Resolved, That the Senate— that the United States should act to reduce tration reports that domestic meth lab sei- (1) designates Thursday, November 17, 2005, the health, environmental, economic, and zures have increased from 7,438 in 1999 to as ‘‘Feed America Thursday’’; and (2) calls upon the people of the United national security risks posed by global cli- 17,170 in 2004; Whereas studies have found that meth- States to sacrifice 2 meals on Thursday, No- mate change and foster sustained economic amphetamine use is strongly linked to iden- vember 17, 2005, and to donate the money growth through a new generation of tech- tity theft, domestic violence, overall crime that they would have spent on food to a reli- nologies, by— rates, child abuse, and child neglect; gious or charitable organization of their (1) participating in negotiations under the Whereas the National Association of Coun- choice for the purpose of feeding the hungry. United Nations Framework Convention on ties has conducted surveys with law enforce- f Climate Change, done at New York May 9, ment and child welfare officials in more than 1992, and entered into force in 1994, and lead- 500 counties, and found that 87 percent of all SENATE RESOLUTION 315—TO COM- ing efforts in other international fora, with law enforcement agencies surveyed reported MEMORATE THE BICENTENNIAL the objective of securing United States par- increases in methamphetamine-related ar- ANNIVERSARY OF THE ARRIVAL ticipation in agreements that— rests in recent years, and 40 percent of all OF LEWIS AND CLARK AT THE (A) advance and protect the economic and the child welfare officials in the survey re- PACIFIC OCEAN national security interests of the United ported increased out-of-home placements of States; children due to methamphetamine use; Ms. CANTWELL (for herself, Mr. (B) establish mitigation commitments by Whereas methamphetamine use and pro- WYDEN, and Mrs. MURRAY) submitted all countries that are major emitters of duction is prevalent around the world; the following resolution; which was greenhouse gases, consistent with the prin- Whereas approximately 65 percent of the considered and agreed to: ciple of common but differentiated respon- methamphetamine supply in the United S. RES. 315 sibilities; States is trafficked in the form of a finished product from other countries; Whereas, on January 18, 1803, President (C) establish flexible international mecha- Whereas the United Nations Office on Thomas Jefferson began an extraordinary nisms to minimize the cost of efforts by par- Drugs and Crime reports that more than journey by sending a secret message to Con- ticipating countries; and 30,000,000 people around the world use am- gress requesting approval and funding to es- (D) achieve a significant long-term reduc- phetamine-type stimulants, a number that tablish the ‘‘Corps of Volunteers for North- tion in global greenhouse gas emissions; and eclipses the combined global use of cocaine west Discovery’’ to explore the most direct (2) establishing a bipartisan Senate ob- and heroin; and practical water route across the con- server group, the members of which shall be Whereas methamphetamine and narcotics tinent of the United States all the way to designated by the chairman and ranking task forces, judges, prosecutors, defense at- the Pacific Ocean; member of the Committee on Foreign Rela- torneys, substance abuse treatment and re- Whereas, on May 14, 1804, the journey up tions of the Senate, to— habilitation professionals, law enforcement the Missouri River and across the vast and (A) monitor any international negotiations officials, researchers, students and edu- newly acquired Louisiana Territory began at on climate change; and cators, community leaders, parents, and oth- Camp Dubois, Illinois, led by Captain (B) ensure that the advice and consent ers dedicated to fighting methamphetamine Meriwether Lewis and Second Lieutenant function of the Senate is exercised in a man- have a profound influence within their com- William Clark; ner to facilitate timely consideration of any munities; and Whereas after a long year and a half and applicable treaty submitted to the Senate. Whereas the establishment of a National 4,133 arduous miles, the expedition endured a Methamphetamine Prevention Week would dangerous storm of wind, rain, and waves for increase awareness of methamphetamine and 6 days at Clark’s Dismal Nitch; educate the public on effective ways to help Whereas, on November 13, 1805, the Corps of prevent methamphetamine use at the inter- Discovery moved further west to Station national, Federal, State, and local levels: Camp and beheld their first comprehensive Now, therefore, be it view of the Pacific Ocean, and thereby began

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.066 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12853 the realization of the vision of President Jef- Whereas given the importance of the Inter- Iran, Cuba, and China, and could impose an ferson of a country ‘‘from sea to shining net to the global economy, it is essential undesirable layer of politicized bureaucracy sea’’; that the underlying domain name system on the operations of the Internet that could Whereas Station Camp also marks the oc- and technical infrastructure of the Internet result in an inadequate response to the rapid currence of a historical democratic vote to remain stable and secure; pace of technological change; determine where to stay for winter that in- Whereas the Internet was created in the Whereas some nations that advocate rad- cluded all members of the expedition, includ- United States and has flourished under ical change in the structure of Internet gov- ing Sacagawea, an Indian woman, and York, United States supervision and oversight, and ernance censor the information available to an African American slave; the Federal Government has followed a path their citizens through the Internet and use Whereas, on November 19, 1805, Clark and of transferring Internet control from the de- the Internet as a tool of surveillance to cur- 11 of his men set out on an ocean excursion, fense sector to the civilian sector, including tail legitimate political discussion and dis- hiking 25 miles to Cape Disappointment to the Internet Corporation for Assigned Names sent, and other nations operate tele- get a complete view of the Pacific Ocean and and Numbers (ICANN) with the goal of full communications systems as state-controlled reach the furthest western point of the expe- privatization; monopolies or highly-regulated and highly- dition; Whereas the developing world deserves the taxed entities; Whereas the expedition built their winter access to knowledge, services, commerce, Whereas some nations in support of trans- camp on the south side of the Columbia and communication, the accompanying bene- ferring Internet governance to an entity af- River at Fort Clatsop, Oregon, named in fits to economic development, education, filiated with the United Nations, or another honor of the friendly local Clatsop Indians, and health care, and the informed discussion international entity, might seek to have and the 33 member party spent 106 days that is the bedrock of democratic self-gov- such an entity endorse national policies that among lush old-growth forest, wetlands, and ernment that the Internet provides; block access to information, stifle political wildlife preparing for their long journey Whereas the explosive and hugely bene- dissent, and maintain outmoded communica- back to St. Louis, Missouri; ficial growth of the Internet did not result tions structures; Whereas Lewis and Clark’s Corps of Dis- from increased government involvement but Whereas the structure and control of Inter- covery produced detailed journals with maps, from the opening of the Internet to com- net governance has profound implications for charts, samples, and descriptions of the pre- merce and private sector innovation; homeland security, competition and trade, viously undocumented western geography, Whereas on June 30, 2005, President George democratization, free expression, access to climate, plants, animals, and native cultures W. Bush announced that the United States information, privacy, and the protection of from which the Nation continues to benefit intends to maintain its historic role over the intellectual property, and the threat of some today; master ‘‘root zone’’ file of the Internet, nations to take unilateral actions that Whereas the Lewis and Clark Expedition which lists all authorized top-level Internet would fracture the root zone file would remarks a significant benchmark in American domains; sult in a less functional Internet with dimin- history and a crucial step in securing the Whereas the recently articulated prin- ished benefits for all people; claim and the eventual creation of all the ciples of the United States on the domain Whereas the Declaration of Principles of States in the Pacific Northwest; name and addressing system of the Internet the First World Summit on the Information Whereas the exploration of the western (DNS) are that— Society, held in Geneva in 2003, delegates frontier of our fledgling Nation was the great (1) the Federal Government will— from 175 nations declared the ‘‘common de- odyssey of America, symbolic of the core (A) preserve the security and stability of sire and commitment to build a people-cen- values of teamwork, courage, perseverance, the DNS; tered, inclusive and development oriented science, and opportunity held by the United (B) take no action with the potential to ad- Information Society, where everyone can States; versely affect the effective and efficient op- create, access, utilize and share information Whereas, on October 30, 2004, President eration of the DNS; and and knowledge’’; George W. Bush signed into law legislation (C) maintain the historic role of the United Whereas delegates at the First World Sum- creating the Lewis and Clark National His- States regarding modifications to the root mit also reaffirmed, ‘‘as an essential founda- torical Park which preserves these 3 Wash- zone file; tion of the Information Society, and as out- ington State sites integral to the dramatic (2) governments have a legitimate interest lined in Article 19 of the Universal Declara- arrival of the expedition at the Pacific in the management of country code top level tion of Human Rights, that everyone has the Ocean, and incorporates Fort Clatsop of Or- domains (ccTLD); right to freedom of opinion and expression’’ egon and important State parks for the ben- (3) the United States is committed to and that ‘‘this right includes freedom to hold efit and education of generations to come; working with the international community opinions without interference and to seek, and to address the concerns of that community receive and import information and ideas Whereas, during November 2005, Wash- in accordance with the stability and security through any media and regardless of fron- ington and Oregon are hosting, ‘‘Destination: of the DNS; tiers’’; The Pacific’’, a unique commemoration of (4) ICANN is the appropriate technical Whereas the United Nations Secretary the 200 year anniversary of the arrival of the manager of the Internet, and the United General has stated the objective of the 2005 Corps of Discovery in the Pacific Northwest: States will continue to provide oversight so World Summit on the Information Society in Now, therefore, be it that ICANN maintains focus and meets its Tunis is to ensure ‘‘benefits that new infor- Resolved, That the Senate— core technical mission; and mation and communication technologies, in- (1) commemorates the bicentennial anni- (5) dialogue relating to Internet govern- cluding the Internet, can bring to economic versary of the arrival of Lewis and Clark at ance should continue in multiple relevant and social development’’ and that ‘‘to defend the Pacific Ocean; and fora, and the United States encourages an the Internet is to defend freedom itself’’; and (2) recognizes that by exploring the un- ongoing dialogue with all stakeholders and Whereas discussions at the November 2005 known frontier, Lewis and Clark expanded will continue to support market-based ap- World Summit on the Information Society the boundaries of our great Nation and proaches and private sector leadership; may include discussion of transferring con- pushed the limits of what we are capable of Whereas the final report issued by the trol of the Internet to a new intergovern- as citizens. Working Group on Internet Governance mental entity, and could be the beginning of f (WGIG), established by the United Nations a prolonged international debate regarding Secretary General in accordance with a man- the future of Internet governance: Now, SENATE RESOLUTION 316—EX- date given during the first World Summit on therefore, be it PRESSING THE SENSE OF THE the Information Society, and comprised of 40 Resolved, That the Senate— SENATE THAT THE UNITED NA- members from governments, private sector, (1) calls on the President to continue to op- TIONS AND OTHER INTER- and civil society, issued 4 possible models, 1 pose any effort to transfer control of the NATIONAL ORGANIZATIONS of which envisages a Global Internet Council Internet to the United Nations or any other SHOULD NOT BE ALLOWED TO that would assume international Internet international entity; EXERCISE CONTROL OVER THE governance; (2) applauds the President for— INTERNET Whereas that report contains recommenda- (A) clearly and forcefully asserting that tions for relegating the private sector and the United States has no present intention of Mr. COLEMAN (for himself, Mr. WAR- nongovernmental organizations to an advi- relinquishing the historic leadership role the NER, Mr. PRYOR, Mr. SMITH, and Mr. sory capacity; United States has played in Internet govern- DEMINT) submitted the following reso- Whereas the European Union has also pro- ance; and lution; which was referred to the Com- posed transferring control of the Internet, (B) articulating a vision of the future of mittee on the Foreign Relations: including the global allocation of Internet the Internet that places privatization over Protocol number blocks, procedures for politicization with respect to the Internet; S. RES. 316 changing the root zone file, and rules appli- and Whereas market-based policies and private cable to DNS, to a ‘‘new model of inter- (3) calls on the President to— sector leadership have given the Internet the national cooperation’’ which could confer (A) recognize the need for, and pursue a flexibility to evolve; significant leverage to the Governments of continuing and constructive dialogue with

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.067 S15NOPT1 S12854 CONGRESSIONAL RECORD — SENATE November 15, 2005

the international community on, the future SA 2550. Mr. WARNER (for Mr. LOTT (for SA 2580. Mr. SANTORUM (for Mr. FRIST) of Internet governance; and himself and Mr. CORNYN)) proposed an proposed an amendment to the bill H.R. 1499, (B) advance the values of an open Internet amendment to the bill S. 1042, supra. To amend the Internal Revenue Code of 1986 in the broader trade and diplomatic con- SA 2551. Mr. WARNER (for Mr. LEVIN) pro- to allow members of the ArmedForces serv- versations of the United States. posed an amendment to the bill S. 1042, ing in a combat zone to make contributions f supra. to their individual retirement plans even if SA 2552. Mr. WARNER (for Mr. KENNEDY the compensation on which such contribu- AMENDMENTS SUBMITTED AND (for himself and Mrs. FEINSTEIN)) proposed tion is based is excluded from gross income. an amendment to the bill S. 1042 supra. PROPOSED f SA 2553. Mr. WARNER (for Ms. SNOWE (for SA 2525. Mr. WARNER (for Mr. SMITH) pro- herself and Ms. COLLINS)) proposed an TEXT OF AMENDMENTS posed an amendment to the bill S. 1042, to amendment to the bill S. 1042, supra. authorize appropriations for fiscal year 2006 SA 2554. Mr. WARNER (for Ms. SNOWE) pro- SA 2525. Mr. WARNER (for Mr. for military activities of the Department of posed an amendment to the bill S. 1042, SMITH) proposed an amendment to the Defense, for military construction, and for supra. bill S. 1042, to authorize appropriations defense activities of the Department of En- SA 2555. Mr. WARNER (for Mr. HAGEL) pro- for fiscal year 2006 for military activi- ergy, to prescribe personnel strengths for posed an amendment to the bill S. 1042, ties of the Department of Defense, for such fiscal year for the Armed Forces, and supra. military construction, and for defense for other purposes. SA 2556. Mr. WARNER (for Mr. NELSON of SA 2526. Mr. WARNER (for Mrs. HUTCHISON Florida) proposed an amendment to the bill activities of the Department of Energy, (for herself and Mr. NELSON of Florida)) pro- S. 1042, supra. to prescribe personnel strengths for posed an amendment to the bill S. 1042, SA 2557. Mr. WARNER (for Mr. GRAHAM) such fiscal year for the Armed Forces, supra. proposed an amendment to the bill S. 1042, and for other purposes; as follows: SA 2527. Mr. WARNER (for Mr. ENSIGN) supra. On page 213, between lines 2 and 3, insert SA 2558. Mr. WARNER (for Mr. SALAZAR) proposed an amendment to the bill S. 1042, the following: supra. proposed an amendment to the bill S. 1042, SEC. 807. TEMPORARY INAPPLICABILITY OF SA 2528. Mr. WARNER (for Ms. SNOWE) pro- supra. SA 2559. Mr. WARNER proposed an amend- BERRY AMENDMENT TO PROCURE- posed an amendment to the bill S. 1042, MENTS OF SPECIALTY METALS USED supra. ment to the bill S. 1042, supra. TO PRODUCE FORCE PROTECTION SA 2529. Mr. WARNER (for Ms. SNOWE) pro- SA 2560. Mr. WARNER (for Mr. FEINGOLD) EQUIPMENT. proposed an amendment to the bill S. 1042, posed an amendment to the bill S. 1042, (a) IN GENERAL.—Section 2533a(a) of title supra. supra. 10, United States Code, shall not apply to the SA 2561. Mr. WARNER (for Mr. BYRD) pro- SA 2530. Mr. WARNER (for Ms. SNOWE) pro- procurement, during the 2-year period begin- posed an amendment to the bill S. 1042, posed an amendment to the bill S. 1042, ning on the date of the enactment of this supra. supra. SA 2562. Mr. WARNER (for Mr. CRAIG (for Act, of specialty metals if such specialty SA 2531. Mr. WARNER (for Ms. SNOWE (for metals are used to produce force protection herself and Mr. KERRY)) proposed an amend- himself, Mr. ROBERTS, Mr. BROWNBACK, Ms. MIKULSKI, Mr. WARNER, and Mr. SALAZAR)) equipment needed to prevent combat fatali- ment to the bill S. 1042, supra. ties in Iraq or Afghanistan. SA 2532. Mr. WARNER (for Mr. KERRY) pro- proposed an amendment to the bill S. 1042, (b) TREATMENT OF PROCUREMENTS WITHIN posed an amendment to the bill S. 1042, supra. SA 2563. Mr. WARNER (for Mr. FEINGOLD) PERIOD.—For the purposes of subsection (a), supra. a procurement shall be treated as being SA 2533. Mr. WARNER (for Mr. LAUTEN- proposed an amendment to the bill S. 1042, supra. made during the 2-year period described in BERG) proposed an amendment to the bill S. that subsection to the extent that funds are 1042, supra. SA 2564. Mr. WARNER (for Mr. MARTINEZ (for himself and Mr. WARNER)) proposed an obligated by the Department of Defense for SA 2534. Mr. WARNER (for Mr. KENNEDY amendment to the bill S. 1042, supra. that procurement during that period. (for himself and Mr. CHAMBLISS)) proposed an SA 2565. Mr. WARNER (for Mr. MCCAIN) amendment to the bill S. 1042, supra. proposed an amendment to the bill S. 1042, Mr. WARNER (for Mrs. SA 2535. Mr. WARNER (for Mr. INHOFE) SA 2526. proposed an amendment to the bill S. 1042, supra. HUTCHISON (for herself and Mr. NELSON SA 2566. Mr. WARNER (for Mr. MCCON- supra. of Florida)) proposed an amendment to NELL) proposed an amendment to the bill S. SA 2536. Mr. WARNER (for himself and Mr. the bill S. 1042, to authorize appropria- 1042, supra. LEVIN) proposed an amendment to the bill S. SA 2567. Mr. WARNER (for Mr. MCCON- tions for fiscal year 2006 for military 1042, supra. NELL) proposed an amendment to the bill S. activities of the Department of De- SA 2537. Mr. WARNER proposed an amend- 1042, supra. fense, for military construction, and ment to the bill S. 1042, supra. SA 2568. Mr. WARNER (for himself and Mr. SA 2538. Mr. WARNER proposed an amend- for defense activities of the Depart- LEVIN) proposed an amendment to the bill S. ment of Energy, to prescribe personnel ment to the bill S. 1042, supra. 1042, supra. SA 2539. Mr. WARNER (for Mr. CHAMBLISS) strengths for such fiscal year for the SA 2569. Mr. WARNER (for Mr. SALAZAR) proposed an amendment to the bill S. 1042, proposed an amendment to the bill S. 1042, Armed Forces, and for other purposes; supra. supra. as follows: SA 2540. Mr. WARNER (for Mr. ISAKSON) SA 2570. Mr. WARNER proposed an amend- At the appropriate place, insert the fol- proposed an amendment to the bill S. 1042, ment to the bill S. 1042, supra. lowing: supra. SA 2571. Mr. WARNER (for Ms. COLLINS SA 2541. Mr. WARNER proposed an amend- SEC. . SENSE OF THE SENATE REGARDING (for herself and Ms. SNOWE)) proposed an MANNED SPACE FLIGHT. ment to the bill S. 1042, supra. amendment to the bill S. 1042, supra. SA 2542. Mr. WARNER (for Mr. DEWINE) (a) FINDINGS.—The Congress finds that— SA 2572. Mr. WARNER (for Mr. DURBIN (for (1) human spaceflight preeminence allows proposed an amendment to the bill S. 1042, himself, Mr. VITTER, Mr. WYDEN, Mr. DAY- supra. the United States to project leadership TON, Ms. LANDRIEU, Mr. CHAMBLISS, Mr. around the world and forms an important SA 2543. Mr. WARNER (for Mr. ALLEN (for ISAKSON, and Mr. SCHUMER)) proposed an himself, Mr. DEWINE, and Mr. WARNER)) pro- component of United States national secu- amendment to the bill S. 1042, supra. rity; posed an amendment to the bill S. 1042, SA 2573. Mr. WARNER (for Mr. DEWINE) (2) continued development of human supra. proposed an amendment to the bill S. 1042, spaceflight in low-Earth orbit, on the Moon, SA 2544. Mr. WARNER proposed an amend- supra. and beyond adds to the overall national stra- ment to the bill S. 1042, supra. SA 2574. Mr. WARNER (for Ms. SNOWE) pro- SA 2545. Mr. WARNER (for himself, Mr. posed an amendment to the bill S. 1042, tegic posture; LEVIN, and Mr. BINGAMAN) proposed an supra. (3) human spaceflight enables continued amendment to the bill S. 1042, supra. SA 2575. Mr. WARNER (for himself and Mr. stewardship of the region between the earth SA 2546. Mr. WARNER (for Mr. DAYTON (for MCCAIN) proposed an amendment to the bill and the Moon—an area that is critical and of himself, Mrs. MURRAY, and Ms. COLLINS)) S. 1042, supra. growing national and international security proposed an amendment to the bill S. 1042, SA 2576. Mr. WARNER (for Mr. BYRD) pro- relevance; supra. posed an amendment to the bill S. 1042, (4) human spaceflight provides unprece- SA 2547. Mr. WARNER (for Mr. BYRD) pro- supra. dented opportunities for the United States to posed an amendment to the bill S. 1042, SA 2577. Mr. WARNER proposed an amend- lead peaceful and productive international supra. ment to the bill S. 1042, supra. relationships with the world community in SA 2548. Mr. WARNER (for Mr. REID) pro- SA 2578. Mr. WARNER proposed an amend- support of United States security and geo- posed an amendment to the bill S. 1042, ment to the bill S. 1042, supra. political objectives; supra. SA 2579. Mr. WARNER (for Mr. BAYH) pro- (5) a growing number of nations are pur- SA 2549. Mr. WARNER proposed an amend- posed an amendment to the bill S. 1042, suing human spaceflight and space-related ment to the bill S. 1042, supra. supra. capabilities, including China and India;

VerDate Aug 31 2005 04:22 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.067 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12855 (6) past investments in human spaceflight for fiscal year 2006 for military activi- ized to use any of the contracting mecha- capabilities represent a national resource ties of the Department of Defense, for nisms authorized in this Act for the purpose that can be built upon and leveraged for a military construction, and for defense of complying with the Congressional policy broad range of purposes, including national activities of the Department of Energy, set forth in subparagraph (A). and economic security; and ‘‘(C) REPORT TO CONGRESSIONAL COMMIT- (7) the industrial base and capabilities rep- to prescribe personnel strengths for TEES.—Not later than 1 year after the date of resented by the Space Transportation Sys- such fiscal year for the Armed Forces, enactment of this paragraph, the Adminis- tem provide a critical dissimilar launch ca- and for other purposes; as follows: trator and the Chief Counsel for Advocacy pability for the nation. On page 237, after line 17, insert the fol- shall submit to the Committee on Small (b) SENSE OF THE SENATE.—It is the sense lowing: Business and Entrepreneurship of the Senate of the Senate that it is in the national secu- SEC. 846. EXCLUSION OF CERTAIN SECURITY EX- and Committee on Small Business of the rity interest of the United States to main- PENSES FROM CONSIDERATION FOR House of Representatives a report on the ac- tain preeminence in human spaceflight. PURPOSE OF SMALL BUSINESS SIZE tivities undertaken by Federal agencies, of- STANDARDS. fices, and departments to carry out this SA 2527. Mr. WARNER (for Mr. EN- Section 3(a) of the Small Business Act (15 paragraph.’’. SIGN) proposed an amendment to the U.S.C. 632(a)), is amended by adding at the end the following: SA 2530. Mr. WARNER (for Ms. bill S. 1042, to authorize appropriations ‘‘(4) EXCLUSION OF CERTAIN SECURITY EX- for fiscal year 2006 for military activi- SNOWE) proposed an amendment to the PENSES FROM CONSIDERATION FOR PURPOSE OF bill S. 1042, to authorize appropriations ties of the Department of Defense, for SMALL BUSINESS SIZE STANDARDS.— for fiscal year 2006 for military activi- military construction, and for defense ‘‘(A) DETERMINATION REQUIRED.—Not later ties of the Department of Defense, for activities of the Department of Energy, than 30 days after the date of enactment of military construction, and for defense to prescribe personnel strengths for this paragraph, the Administrator shall review the application of size standards estab- activities of the Department of Energy, such fiscal year for the Armed Forces, to prescribe personnel strengths for and for other purposes; as follows: lished pursuant to paragraph (2) to small business concerns that are performing con- such fiscal year for the Armed Forces, On page 286, between lines 7 and 8, insert tracts in qualified areas and determine and for other purposes; as follows: the following: whether it would be fair and appropriate to On page 237, after line 17, insert the fol- SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY exclude from consideration in the average lowing: OUT UNITED NATIONS RESOLU- annual gross receipts of such small business TIONS. SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD concerns any payments made to such small CONTRACTS. (a) REQUIREMENT FOR ANNUAL REPORT.— business concerns by Federal agencies to re- Section 15(g) of the Small Business Act (15 The Secretary of Defense and the Secretary imburse such small business concerns for the U.S.C. 644(g)) is amended by adding at the of State shall submit to the congressional cost of subcontracts entered for the sole pur- end the following: defense committees, the Committee on For- pose of providing security services in a quali- ‘‘(3) FAIR ACCESS TO MULTIPLE-AWARD CON- eign Relations of the Senate, and the Com- fied area. TRACTS.— mittee on International Relations of the ‘‘(B) ACTION REQUIRED.—Not later than 60 ‘‘(A) STATEMENT OF CONGRESSIONAL POL- House of Representatives an annual report days after the date of enactment of this ICY.—It is the policy of the Congress that that sets forth all direct and indirect costs paragraph, the Administrator shall either— Federal agencies shall endeavor to meet the (including incremental costs) incurred by ‘‘(i) initiate an adjustment to the size contracting goals established under this sub- the Department of Defense during the pre- standards, as described in subparagraph (A), section with regard to orders under multiple- ceding year in implementing or supporting if the Administrator determines that such an award contracts, including Federal Supply any resolution adopted by the United Na- adjustment would be fair and appropriate; or Schedule contracts and multi-agency con- tions Security Council, including any such ‘‘(ii) provide a report to the Committee on tracts. resolution calling for international sanc- Small Business and Entrepreneurship of the ‘‘(B) AUTHORIZATION FOR LIMITED COMPETI- tions, international peacekeeping oper- Senate and the Committee on Small Busi- TION.—The head of a contracting agency may ations, international peace enforcement op- ness of the House of Representatives explain- include in any contract entered under sec- erations, monitoring missions, observer mis- ing in detail the basis for the determination tion 2304a(d)(1)(B) or 2304b(e) of title 10, sions, or humanitarian missions undertaken by the Administrator that such an adjust- United States Code, a clause setting aside a by the Department of Defense. Each such re- ment would not be fair and appropriate. specific share of awards under such contract port shall include an aggregate of all such ‘‘(C) QUALIFIED AREAS.—In this paragraph, pursuant to a competition that is limited to Department of Defense costs by operation or the term ‘qualified area’ means— small business concerns, if the head of the mission, the percentage of the United States ‘‘(i) Iraq, contracting agency determines that such contribution by operation or mission, and ‘‘(ii) Afghanistan, and limitation is necessary to comply with the the total cost of each operation or mission. ‘‘(iii) any foreign country which included a congressional policy stated in subparagraph (b) COSTS FOR ASSISTING FOREIGN TROOPS.— combat zone, as that term is defined in sec- (A). The Secretary of Defense and the Secretary tion 112(c)(2) of the Internal Revenue Code of ‘‘(C) REPORT REQUIREMENT.— of State shall detail in each annual report 1986, at the time of performance of the rel- ‘‘(i) IN GENERAL.—Not later than 180 days required by this section all direct and indi- evant Federal contract or subcontract.’’. after the date of enactment of this para- rect costs (including incremental costs) in- graph, the Administrator shall submit a re- curred in training, equipping, and otherwise SA 2529. Mr. WARNER (for Ms. port on the level of participation of small assisting, preparing, resourcing, and trans- SNOWE) proposed an amendment to the business concerns in multiple-award con- porting foreign troops for implementing or bill S. 1042, to authorize appropriations tracts, including Federal Supply Schedule supporting any resolution adopted by the contracts, to the Committee on Small Busi- United Nations Security Council, including for fiscal year 2006 for military activities of the Department of Defense, for ness and Entrepreneurship of the Senate and any such resolution calling for international the Committee on Small Business of the sanctions, international peacekeeping oper- military construction, and for defense House of Representatives. ations, international peace enforcement op- activities of the Department of Energy, ‘‘(ii) CONTENTS.—The report required by erations, monitoring missions, observer mis- to prescribe personnel strengths for clause (i) shall include, for the most recent 2- sions, or humanitarian missions. such fiscal year for the Armed Forces, year period for which data are available— (c) CREDIT AND COMPENSATION.—The Sec- and for other purposes; as follows: ‘‘(I) the total number of multiple-award retary of Defense and the Secretary of State On page 237, after line 17, insert the fol- contracts; shall detail in each annual report required lowing: ‘‘(II) the total number of small business by this section all efforts made to seek cred- SEC. 846. SMALL BUSINESS CONTRACTING IN concerns that received multiple-award con- it against past United Nations expenditures OVERSEAS PROCUREMENTS. tracts; and all efforts made to seek compensation Section 15(g) of the Small Business Act (15 ‘‘(III) the total number of orders under from the United Nations for costs incurred U.S.C. 644(g)) is amended by adding at the multiple-award contracts; by the Department of Defense in imple- end the following: ‘‘(IV) the total value of orders under mul- menting and supporting United Nations ac- ‘‘(3) SMALL BUSINESS CONTRACTING IN OVER- tiple-award contracts; tivities. SEAS PROCUREMENTS.— ‘‘(V) the number of orders received by (d) FORM OF REPORT.—Each annual report ‘‘(A) STATEMENT OF CONGRESSIONAL POL- small business concerns under multiple- required by this section shall be submitted ICY.—It is the policy of the Congress that award contracts; in unclassified form, but may include a clas- Federal agencies shall endeavor to meet the ‘‘(VI) the value of orders received by small sified annex. contracting goals established under this sub- business concerns under multiple-award con- section, regardless of the geographic area in tracts; SA 2528. Mr. WARNER (for Ms. which the contracts will be performed. ‘‘(VII) the number of small business con- SNOWE) proposed an amendment to the ‘‘(B) AUTHORIZATION TO USE CONTRACTING cerns that received orders under multiple- bill S. 1042, to authorize appropriations MECHANISMS.—Federal agencies are author- award contracts; and

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.069 S15NOPT1 S12856 CONGRESSIONAL RECORD — SENATE November 15, 2005 ‘‘(VIII) such other information as may be military department is authorized to use not SA 2532. Mr. WARNER (for Mr. relevant.’’. more than an amount equal to 1 percent of KERRY) proposed an amendment to the the funds available to the Department of De- bill S. 1042, to authorize appropriations Mr. WARNER (for Ms. SA 2531. fense or the military department pursuant to for fiscal year 2006 for military activi- SNOWE (for herself and Mr. KERRY)) the Small Business Innovation Research Pro- ties of the Department of Defense, for proposed an amendment to the bill S. gram. Such funds— military construction, and for defense 1042, to authorize appropriations for ‘‘(A) shall not be subject to the limitations activities of the Department of Energy, fiscal year 2006 for military activities on the use of funds in subsection (f)(2); and ‘‘(B) shall not be used to make Phase III to prescribe personnel strengths for of the Department of Defense, for mili- awards. such fiscal year for the Armed Forces, tary construction, and for defense ac- ‘‘(5) EVALUATIVE REPORT.—At the end of and for other purposes; as follows: tivities of the Department of Energy, each fiscal year, the Secretary of Defense to prescribe personnel strengths for On page 237, after line 17, insert the fol- and each Secretary of a military department lowing: such fiscal year for the Armed Forces, shall submit to the Committee on Armed SEC. 846. DISASTER RELIEF FOR SMALL BUSI- and for other purposes; as follows: Services and the Committee on Small Busi- NESS CONCERNS DAMAGED BY On page 218, strike line 1 and all that fol- ness and Entrepreneurship of the Senate and DROUGHT. lows through page 220, line 5, and insert the the Committee on Armed Services and the (a) DROUGHT DISASTER AUTHORITY.— following: Committee on Small Business of the House (1) DEFINITION OF DISASTER.—Section 3(k) of Representatives an evaluative report re- of the Small Business Act (15 U.S.C. 632(k)) is SEC. 814. RESEARCH AND DEVELOPMENT EF- garding activities under the Commercializa- FORTS FOR PURPOSES OF SMALL amended— BUSINESS RESEARCH. tion Pilot Program. The report shall in- (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and (a) IN GENERAL.—Section 9 of the Small clude— (B) by adding at the end the following: Business Act (15 U.S.C. 638) is amended by ‘‘(A) an accounting of the funds used in the ‘‘(2) For purposes of section 7(b)(2), the adding at the end the following: Commercialization Pilot Program; term ‘disaster’ includes— ‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.— ‘‘(B) a detailed description of the Commer- ‘‘(A) drought; and ‘‘(1) REVISION AND UPDATE OF CRITERIA AND cialization Pilot Program, including incen- ‘‘(B) below average water levels in the PROCEDURES OF IDENTIFICATION.—In carrying tives and activities undertaken by acquisi- Great Lakes, or on any body of water in the out subsection (g), the Secretary of Defense tion program managers, program executive United States that supports commerce by shall, not less often than once every 4 years, officers, and by prime contractors; and small business concerns.’’. revise and update the criteria and procedures ‘‘(C) a detailed compilation of results (2) DROUGHT DISASTER RELIEF AUTHORITY.— utilized to identify areas of the research and achieved by the Commercialization Pilot Section 7(b)(2) of the Small Business Act (15 development efforts of the Department of Program, including the number of small U.S.C. 636(b)(2)) is amended— Defense which are suitable for the provision business concerns assisted and a number of (A) by inserting ‘‘(including drought), with of funds under the Small Business Innova- inventions commercialized. respect to both farm-related and nonfarm-re- tion Research Program and the Small Busi- ‘‘(6) SUNSET.—The pilot program under this lated small business concerns,’’ before ‘‘if ness Technology Transfer Program. subsection shall terminate at the end of fis- the Administration’’; and ‘‘(2) UTILIZATION OF PLANS.—The criteria cal year 2009.’’. (B) in subparagraph (B), by striking ‘‘the and procedures described in paragraph (1) (b) IMPLEMENTATION OF EXECUTIVE ORDER Consolidated Farmers Home Administration shall be developed through the use of the 13329.—Section 9 of the Small Business Act Act of 1961 (7 U.S.C. 1961)’’ and inserting the most current versions of the following plans: (15 U.S.C. 638) is amended— following: ‘‘section 321 of the Consolidated ‘‘(A) The joint warfighting science and (1) in subsection (b)— Farm and Rural Development Act (7 U.S.C. technology plan required under section 270 of (A) in paragraph (6), by striking ‘‘and’’ at 1961), in which case, assistance under this the National Defense Authorization Act for the end; paragraph may be provided to farm-related Fiscal Year 1997 (10 U.S.C. 2501 note). (B) in paragraph (7), by striking the period and nonfarm-related small business con- ‘‘(B) The Defense Technology Area Plan of at the end and inserting ‘‘; and’’; and cerns, subject to the other applicable re- the Department of Defense. (C) by adding at the end the following: quirements of this paragraph’’. ‘‘(C) The Basic Research Plan of the De- ‘‘(8) to provide for and fully implement the (b) LIMITATION ON LOANS.—From funds oth- partment of Defense. tenets of Executive Order 13329 (Encouraging erwise appropriated for loans under section ‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF Innovation in Manufacturing).’’; 7(b) of the Small Business Act (15 U.S.C. EFFORT.—The criteria and procedures de- (2) in subsection (g)— 636(b)), not more than $9,000,000 may be used scribed in paragraph (1) shall include input (A) in paragraph (9), by striking ‘‘and’’ at during each of fiscal years 2005 through 2008, in the identification of areas of research and the end; to provide drought disaster loans to non- development efforts described in that para- (B) in paragraph (10), by striking the pe- farm-related small business concerns in ac- graph from Department of Defense program riod at the end and inserting ‘‘; and’’; and cordance with this section and the amend- managers (PMs) and program executive offi- (C) by adding at the end the following: ments made by this section. cers (PEOs). ‘‘(11) provide for and fully implement the (c) PROMPT RESPONSE TO DISASTER RE- ‘‘(y) COMMERCIALIZATION PILOT PROGRAM.— tenets of Executive Order 13329 (Encouraging QUESTS.—Section 7(b)(2)(D) of the Small ‘‘(1) IN GENERAL.—The Secretary of Defense Innovation in Manufacturing).’’; and Business Act (15 U.S.C. 636(b)(2)(D)) is and the Secretary of each military depart- (3) in subsection (o)— amended by striking ‘‘Upon receipt of such ment is authorized to create and administer (A) in paragraph (14), by striking ‘‘and’’ at certification, the Administration may’’ and a ‘Commercialization Pilot Program’ to ac- the end; inserting ‘‘Not later than 30 days after the celerate the transition of technologies, prod- (B) in paragraph (15), by striking the pe- date of receipt of such certification by a ucts, and services developed under the Small riod at the end and inserting ‘‘; and’’; and Governor of a State, the Administration Business Innovation Research Program to (C) by adding at the end the following: shall respond in writing to that Governor on Phase III, including the acquisition process. ‘‘(16) provide for and fully implement the its determination and the reasons therefore, ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS tenets of Executive Order 13329 (Encouraging and may’’. FOR ACCELERATED TRANSITION TO ACQUISITION Innovation in Manufacturing).’’. (d) RULEMAKING.—Not later than 45 days PROCESS.—In carrying out the Commer- (c) TESTING AND EVALUATION AUTHORITY.— after the date of enactment of this Act, the cialization Pilot Program, the Secretary of Section 9(e) of the Small Business Act (15 Administrator of the Small Business Admin- Defense and the Secretary of each military U.S.C. 638(e)) is amended— istration shall promulgate final rules to department shall identify research programs (1) in paragraph (7), by striking ‘‘and’’ at carry out this section and the amendments of the Small Business Innovation Research the end; made by this section. Program that have the potential for rapid (2) in paragraph (8), by striking the period transitioning to Phase III and into the acqui- at the end and inserting ‘‘; and’’; and SA 2533. Mr. WARNER (for Mr. LAU- sition process. (3) by adding at the end the following: TENBERG) proposed an amendment to ‘‘(3) LIMITATION.—No research program ‘‘(9) the term ‘commercial applications’ the bill S. 1042, to authorize appropria- may be identified under paragraph (2), unless shall not be construed to exclude testing and tions for fiscal year 2006 for military the Secretary of the military department evaluation of products, services, or tech- activities of the Department of De- concerned certifies in writing that the suc- nologies for use in technical or weapons sys- fense, for military construction, and cessful transition of the program to Phase tems, and further, awards for testing and for defense activities of the Depart- III and into the acquisition process is ex- evaluation of products, services, or tech- ment of Energy, to prescribe personnel pected to meet high priority military re- nologies for use in technical or weapons sys- quirements of such military department. tems may be made in either the second or strengths for such fiscal year for the ‘‘(4) FUNDING.—For payment of expenses in- the third phase of the Small Business Inno- Armed Forces, and for other purposes; curred to administer the Commercialization vation Research Program and of the Small as follows: Pilot Program under this subsection, the Business Technology Transfer Program, as At the appropriate place in title VIII, in- Secretary of Defense and each Secretary of a defined in this subsection.’’. sert the following:

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.070 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12857

SEC. ll. ENSURING TRANSPARENCY IN FED- cost of performance of the activity or func- (b) NEW REQUIREMENTS.— ERAL CONTRACTING. tion by a contractor would be less costly to (1) LIMITATION ON REQUIRING PUBLIC-PRI- (a) PUBLICATION OF INFORMATION ON FED- the Department of Defense by an amount VATE COMPETITION.—No public-private com- ERAL CONTRACTOR PENALTIES AND VIOLA- that equals or exceeds the lesser of $10,000,000 petition may be required under Office of TIONS.—(1).—The Secretary of Defense shall or 10 percent of the most efficient organiza- Management and Budget Circular A–76 or maintain a publicly-available website that tion’s personnel-related costs for perform- any other provision of law or regulation be- provides information on instances in which ance of that activity or function by Federal fore the performance of a new requirement major contractors have been fined, paid pen- employees. by Federal Government employees com- alties or restitution, settled, plead guilty to, ‘‘(B) Any function that is performed by ci- mences, the performance by Federal Govern- or had judgments entered against them in vilian employees of the Department of De- ment employees of work pursuant to sub- connection with allegations of improper con- fense and is proposed to be reengineered, re- section (a) commences, or the scope of an ex- duct. The website shall be updated not less organized, modernized, upgraded, expanded, isting activity performed by Federal Govern- than once a year. or changed in order to become more efficient ment employees is expanded. Office of Man- (2) For the purposes of this subsection, a shall not be considered a new requirement agement and Budget Circular A–76 shall be major contractor is a contractor that re- for the purpose of the competition require- revised to ensure that the heads of all Fed- ceives at least $100,000,000 in Federal con- ments in subparagraph (A) or the require- eral agencies give fair consideration to the tracts in the most recent fiscal year for ments for public-private competition in Of- performance of new requirements by Federal which data are available. fice of Management and Budget Circular A– Government employees. (b) REPORT ON FEDERAL SOLE SOURCE CON- 76. (2) CONSIDERATION OF FEDERAL GOVERNMENT TRACTS RELATED TO IRAQ RECONSTRUCTION.— ‘‘(C) A function performed by more than 10 EMPLOYEES.—The Secretary of Defense shall, (1) REPORT REQUIRED.—Not later than 120 Federal Government employees may not be to the maximum extent practicable, ensure days after the date of the enactment of this separated into separate functions for the that Federal Government employees are fair- Act, the Administrator for Federal Procure- purposes of avoiding the competition rely considered for the performance of new re- ment Policy shall submit to Congress a requirement in subparagraph (A) or the requirements, with special consideration given port on all sole source contracts in excess of quirements for public-private competition in to new requirements that include functions $2,000,000 entered into by executive agencies Office of Management and Budget Circular that— in connection with Iraq reconstruction from A–76. (A) are similar to functions that have been January 1, 2003, through the date of the en- ‘‘(D) The Secretary of Defense may waive performed by Federal Government employ- actment of this Act. the requirement for a public-private com- ees at any time on or after October 1, 1980; or (2) CONTENT.—The report submitted under petition under subparagraph (A) in specific (B) are associated with the performance of paragraph (1) shall include the following in- instances if— inherently governmental functions. formation with respect to each such con- ‘‘(i) the written waiver is prepared by the (c) USE OF FLEXIBLE HIRING AUTHORITY.— tract: Secretary of Defense or the relevant Assist- The Secretary shall include the use of the (A) The date the contract was awarded. ant Secretary of Defense, Secretary of a flexible hiring authority available through (B) The contract number. military department, or head of a Defense the National Security Personnel System in (C) The name of the contractor. Agency; order to facilitate performance by Federal (D) The amount awarded. ‘‘(ii) the written waiver is accompanied by Government employees of new requirements (E) A brief description of the work to be a detailed determination that national secu- and work that is performed under Depart- performed under the contract. rity interests preclude compliance with the ment of Defense contracts. (3) EXECUTIVE AGENCY DEFINED.—In this requirement for a public-private competi- (d) INSPECTOR GENERAL REPORT.—Not later subsection, the term ‘‘executive agency’’ has tion; and than 180 days after the enactment of this the meaning given such term in section 4 of ‘‘(iii) a copy of the waiver is published in Act, the Inspector General of the Depart- the Office of Federal Procurement Policy the Federal Register within 10 working days ment of Defense shall submit to the Commit- Act (41 U.S.C. 403). after the date on which the waiver is grant- tees on Armed Services of the Senate and the ed, although use of the waiver need not be House of Representatives a report on the SA 2534. Mr. WARNER (for Mr. KEN- delayed until its publication.’’. compliance of the Secretary of Defense with (b) INAPPLICABILITY TO BEST-VALUE SOURCE the requirements of this section. NEDY (for himself and Mr. CHAMBLISS)) SELECTION PILOT PROGRAM.—Paragraph (5) of (e) DEFINITIONS.—In this section: proposed an amendment to the bill S. section 2461(b) of title 10, United States (1) The term ‘‘National Security Personnel 1042, to authorize appropriations for Code, as added by subsection (a), shall not System’’ means the human resources man- fiscal year 2006 for military activities apply with respect to the pilot program for agement system established under the au- of the Department of Defense, for mili- best-value source selection for performance thority of section 9902 of title 5, United tary construction, and for defense ac- of information technology services author- States Code. tivities of the Department of Energy, ized by section 336 of the National Defense (2) The term ‘‘inherently governmental to prescribe personnel strengths for Authorization Act for Fiscal Year 2004 (Pub- function’’ has the meaning given that term such fiscal year for the Armed Forces, 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; and for other purposes; as follows: (c) REPEAL OF SUPERSEDED LAW.—Section 112 Stat. 2384; 31 U.S.C. 501 note). On page 213, between lines 2 and 3, insert 327 of the Ronald W. Reagan National De- the following: fense Authorization Act for Fiscal Year 2005 SA 2535. Mr. WARNER (for Mr. SEC. 807. PUBLIC-PRIVATE COMPETITION FOR (Public Law 108–375; 10 U.S.C. 2461 note) is re- INHOFE) proposed an amendment to the WORK PERFORMED BY CIVILIAN EM- pealed. bill S. 1042, to authorize appropriations PLOYEES OF THE DEPARTMENT OF SEC. 808. PERFORMANCE OF CERTAIN WORK BY for fiscal year 2006 for military activi- DEFENSE. FEDERAL GOVERNMENT EMPLOY- ties of the Department of Defense, for (a) LIMITATION.—Section 2461(b) of title 10, EES. United States Code, is amended by adding at (a) GUIDELINES.— military construction, and for defense the end the following new paragraph: (1) IN GENERAL.—The Secretary of Defense activities of the Department of Energy, ‘‘(5)(A) Notwithstanding subsection (d), a shall prescribe guidelines and procedures for to prescribe personnel strengths for function of the Department of Defense per- ensuring that consideration is given to using such fiscal year for the Armed Forces, formed by 10 or more civilian employees may Federal Government employees on a regular and for other purposes; as follows: not be converted, in whole or in part, to per- basis for work that is performed under De- At the appropriate place, insert the fol- formance by a contractor unless the conver- partment of Defense contracts and could be lowing: sion is based on the results of a public-pri- performed by Federal Government employ- SEC. ll. THE UNITED STATES-CHINA ECONOMIC vate competition process that— ees. AND SECURITY REVIEW COMMIS- ‘‘(i) formally compares the cost of civilian (2) CRITERIA.—The guidelines and proce- SION. employee performance of that function with dures prescribed under paragraph (1) shall (a) FINDINGS.—Congress finds the fol- the costs of performance by a contractor; provide for special consideration to be given lowing: ‘‘(ii) creates an agency tender, including a to contracts that— (1) The 2004 Report to Congress of the most efficient organization plan, in accord- (A) have been performed by Federal Gov- United States-China Economic and Security ance with Office of Management and Budget ernment employees at any time on or after Review Commission states that— Circular A–76, as implemented on May 29, October 1, 1980; (A) China’s State-Owned Enterprises 2003; and (B) are associated with the performance of (SOEs) lack adequate disclosure standards, ‘‘(iii) requires continued performance of inherently governmental functions; which creates the potential for United States the function by civilian employees unless (C) were not awarded on a competitive investors to unwittingly contribute to enter- the competitive sourcing official concerned basis; or prises that are involved in activities harmful determines that, over all performance peri- (D) have been determined by a contracting to United States security interests; ods stated in the solicitation of offers for officer to be poorly performed due to exces- (B) United States influence and vital long- performance of the activity or function, the sive costs or inferior quality. term interests in Asia are being challenged

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.071 S15NOPT1 S12858 CONGRESSIONAL RECORD — SENATE November 15, 2005 by China’s robust regional economic engage- (E) Actions by the Secretaries of State and the Department that will support the devel- ment and diplomacy; Energy to consult with the International En- opment and deployment of robotics and un- (C) the assistance of China and North ergy Agency with the objective of upgrading manned ground vehicle systems by the De- Korea to global ballistic missile prolifera- the current loose experience-sharing ar- partment. tion is extensive and ongoing; rangement whereby China engages in some (6) A statement of the Department organi- (D) China’s transfers of technology and limited exchanges with the organization, to zations currently participating in the devel- components for weapons of mass destruction a more structured arrangement. opment of new robotics or unmanned ground (WMD) and their delivery systems to coun- (F) Actions by the administration to de- vehicle systems capabilities, including the tries of concern, including countries that velop a coordinated, comprehensive national specific missions of each such organization support acts of international terrorism, has policy and strategy designed to maintain in such efforts. helped create a new tier of countries with United States scientific and technological (7) A description of the activities of the De- the capability to produce WMD and ballistic leadership and competitiveness, in light of partment to collaborate with industry, aca- missiles; the rise of China and the challenges of demia, and other Government and non- (E) the removal of the European Union globalization. government organizations in the develop- arms embargo against China that is cur- (G) Actions to review laws and regulations ment of new capabilities in robotics and un- rently under consideration in the European governing the Committee on Foreign Invest- manned ground vehicle systems. Union would accelerate weapons moderniza- ment in the United States (CFIUS), includ- (8) An assessment of the short-term and tion and dramatically enhance Chinese mili- ing exploring whether the definition of na- long-term ability of the industrial base of tary capabilities; tional security should include the potential the United States to support the production (F) China is developing a leading-edge mili- impact on national economic security as a of robotics and unmanned ground vehicle tary with the objective of intimidating Tai- criterion to be reviewed, and whether the systems to meet Department requirements. wan and deterring United States involve- chairmanship of CFIUS should be transferred (9) An assessment of the progress being ment in the Strait, and China’s qualitative from the Secretary of the Treasury to a made to achieve the goal established by sec- and quantitative military advancements more appropriate executive branch agency. tion 220(a)(2) of the Floyd D. Spence National have already resulted in a dramatic shift in (H) Actions by the President and the Sec- Defense Authorization Act for Fiscal Year the cross-Strait military balance toward retaries of State and Defense to press strong- 2001 (as enacted into law by Public Law 106– China; and ly their European Union counterparts to 398; 114 Stat. 1654A–38) that, by 2015, one- (G) China’s growing energy needs are driv- maintain the EU arms embargo on China. third of operational ground combat vehicles ing China into bilateral arrangements that (I) Actions by the administration to dis- be unmanned. undermine multilateral efforts to stabilize courage foreign defense contractors from (10) An assessment of international re- oil supplies and prices, and in some cases selling sensitive military use technology or search, technology, and military capabilities may involve dangerous weapons transfers. weapons systems to China. The administra- in robotics and unmanned ground vehicle (2) On March 14, 2005, the National People’s tion should provide a comprehensive annual systems. report to the appropriate committees of Con- Congress approved a law that would author- SA 2537. Mr. WARNER proposed an ize the use of force if Taiwan formally de- gress on the nature and scope of foreign mili- clares independence. tary sales to China, particularly sales by amendment to the bill S. 1042, to au- Russia and Israel. thorize appropriations for fiscal year (b) SENSE OF CONGRESS.— 2006 for military activities of the De- (1) PLAN.—It is the sense of Congress that SA 2536. Mr. WARNER (for Mr. the President should take immediate steps partment of Defense, for military con- to establish a coherent and comprehensive LEVIN) proposed an amendment to the struction, and for defense activities of plan to address the emergence of China eco- bill S. 1042, to authorize appropriations the Department of Energy, to prescribe nomically, diplomatically, and militarily, to for fiscal year 2006 for military activi- personnel strengths for such fiscal year promote mutually beneficial trade relations ties of the Department of Defense, for for the Armed Forces, and for other with China, and to encourage China’s adher- military construction, and for defense purposes; as follows: ence to international norms in the areas of activities of the Department of Energy, At the end of subtitle A of title VIII, add trade, international security, and human to prescribe personnel strengths for the following: rights. such fiscal year for the Armed Forces, SEC. ll. MODIFICATION AND EXTENSION OF (2) CONTENTS.—The plan should contain the and for other purposes; as follows: PILOT PROGRAM ON SHARE-IN-SAV- following: INGS CONTRACTS. At the end of subtitle E of title II, add the (A) Actions to address China’s policy of (a) INCLUSION OF INFORMATION TECHNOLOGY following: undervaluing its currency, including— IMPROVEMENTS IN SHARE-IN-SAVINGS.—Para- (i) encouraging China to continue to SEC. ll. REPORT ON DEVELOPMENT AND USE graph (1) of subsection (a) of section 2332 of OF ROBOTICS AND UNMANNED upwardly revalue the Chinese yuan against GROUND VEHICLE SYSTEMS. title 10, United States Code, is amended by adding at the end the following new sen- the United States dollar; (a) REPORT REQUIRED.—Not later than nine (ii) allowing the yuan to float against a months after the date of the enactment of tence: ‘‘Each such contract shall provide trade-weighted basket of currencies; and this Act, the Under Secretary of Defense for that the contractor shall incur the cost of (iii) concurrently encouraging United Acquisition, Technology, and Logistics shall implementing information technology im- States trading partners with similar inter- submit to the congressional defense commit- provements, including costs incurred in ac- ests to join in these efforts. tees a report on the development and utiliza- quiring, installing, maintaining, and upgrad- (B) Actions to make better use of the tion of robotics and unmanned ground vehi- ing information technology equipment and World Trade Organization (WTO) dispute set- cle systems by the Department of Defense. training personnel in the use of such equip- tlement mechanism and applicable United (b) ELEMENTS.—The report required by sub- ment, in exchange for a share of any savings States trade laws to redress China’s trade section (a) shall include the following: directly resulting from the implementation practices, including exchange rate manipula- (1) A description of the utilization of robot- of such improvements during the term of the tion, denial of trading and distribution ics and unmanned ground vehicle systems in contract.’’. (b) CONTRACT PERFORMANCE EVALUATION.— rights, insufficient intellectual property current military operations. Such subsection is further amended— rights protection, objectionable labor stand- (2) A description of the manner in which (1) in paragraph (3), by striking ‘‘, to the ards, subsidization of exports, and forced the development of robotics and unmanned maximum extent practicable,’’; technology transfers as a condition of doing ground vehicle systems capabilities supports (2) by striking paragraph (4); business. The United States Trade Rep- current major acquisition programs of the (3) by redesignating paragraph (5) as para- resentative should consult with our trading Department of Defense. graph (7); and partners regarding any trade dispute with (3) A detailed description, including budget (4) inserting after paragraph (3) the fol- China. estimates, of all Department programs and lowing new paragraphs: (C) Actions to encourage United States activities on robotics and unmanned ground ‘‘(4) The head of an agency that enters into diplomatic efforts to identify and pursue ini- vehicle systems for fiscal years 2004 through contracts pursuant to the authority of this tiatives to revitalize United States engage- 2012, including programs and activities relat- section shall establish a panel of employees ment in East Asia. The initiatives should ing to research, development, test and eval- of such agency, independent of any program have a regional focus and complement bilat- uation, procurement, and operation and office or contracting office responsible for eral efforts. The Asia-Pacific Economic Co- maintenance. awarding and administering such contracts, operation forum (APEC) offers a ready mech- (4) A description of the long-term research for the purpose of verifying performance anism for pursuit of such initiatives. and development strategy of the Department baselines and methodologies for calculating (D) Actions by the administration to work on technology for the development and inte- savings resulting from the implementation with China to prevent proliferation of pro- gration of new robotics and unmanned of information technology improvements hibited technologies and to secure China’s ground vehicle systems capabilities in sup- under such contracts. Employees assigned to agreement to renew efforts to curtail North port of Department missions. any such panel shall have experience and ex- Korea’s commercial export of ballistic mis- (5) A description of any planned dem- pertise appropriate for the duties of such siles. onstration or experimentation activities of panel.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.071 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12859 ‘‘(5) Each contract awarded pursuant to SEC. ll. SUPERVISION AND MANAGEMENT OF struction, and for defense activities of the authority of this section shall include a DEFENSE BUSINESS TRANS- the Department of Energy, to prescribe provision containing a quantifiable baseline FORMATION AGENCY. Section 192 of title 10, United States Code, personnel strengths for such fiscal year of current and projected costs, a method- for the Armed Forces, and for other ology for calculating actual costs during the is amended by adding at the end the fol- period of performance, and a savings share lowing new subsection: purposes; as follows: ratio governing the amount of payments the ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS At the end of subtitle H of title V, add the contractor is to receive under such contract TRANSFORMATION AGENCY.—(1) The Defense following: that are certified by a panel established pur- Business Transformation Agency shall be su- SEC. ll. MODIFICATION OF ELIGIBILITY FOR suant to paragraph (4) to be financially pervised by the vice chairman of the Defense POSITION OF PRESIDENT OF THE sound and based on the best available infor- Business System Management Committee. NAVAL POSTGRADUATE SCHOOL. mation. ‘‘(2) Notwithstanding the results of any Subsection (a) of section 7042 of title 10, periodic review under subsection (c) with re- United States Code, is amended to read as ‘‘(6) Each contract awarded pursuant to the gard to the Defense Business Transformation follows: authority of this section shall— Agency, the Secretary of Defense shall des- ‘‘(a)(1) The President of the Naval Post- ‘‘(A) provide that aggregate payments to ignate that the Agency be managed coopera- graduate School shall be one of the fol- the contractor may not exceed the amount tively by the Deputy Under Secretary of De- lowing: the agency would have paid, in accordance fense for Business Transformation and the ‘‘(A) An officer of the Navy not below the with the baseline of current and projected Deputy Under Secretary of Defense for Fi- grade of rear admiral (lower half) who is de- costs incorporated in such contract, during nancial Management.’’. tailed to such position. the period covered by such contract; and ‘‘(B) A civilian individual having qualifica- ‘‘(B) require an independent annual audit Mr. WARNER (for Mr. tions appropriate to the position of Presi- of actual costs in accordance with the meth- SA 2539. dent of the Naval Postgraduate School who odology established under paragraph (5)(B), CHAMBLISS) proposed an amendment to is appointed to such position. which shall serve as a basis for annual pay- the bill S. 1042, to authorize appropriations for fiscal year 2006 for military ‘‘(2) The President of the Naval Post- ments based on savings share ratio estab- graduate School shall be detailed or assigned lished in such contract.’’. activities of the Department of De- to such position under paragraph (1) by the (c) EXTENSION OF PILOT PROGRAM.—Such fense, for military construction, and Secretary of the Navy, upon the rec- section is further amended— for defense activities of the Depart- ommendation of the Chief of Naval Oper- (1) in subsection (b)(3)(B), by striking ‘‘fis- ment of Energy, to prescribe personnel ations. cal years 2003, 2004, and 2005’’ and inserting strengths for such fiscal year for the ‘‘(3) An individual assigned as President of ‘‘fiscal years 2003 through 2007’’; and Armed Forces, and for other purposes; the Naval Postgraduate School under para- (2) in subsection (d), by striking ‘‘Sep- as follows: graph (1)(B) shall serve in such position for a tember 30, 2005’’ and inserting ‘‘September term of not more than five years.’’. 30, 2007’’. At the end of Subtitle D of title I, add the (d) REPORTS TO CONGRESS.— following: SA 2542. Mr. WARNER (for Mr. (1) SECRETARY OF DEFENSE REPORTS.—Not SEC. 138. C–37B AIRCRAFT. DEWINE) proposed an amendment to later than March 31, 2006, and each year (a) ADDITIONAL AMOUNT FOR AIRCRAFT PRO- the bill S. 1042, to authorize appropria- thereafter until the year after the termi- CUREMENT, AIR FORCE.—The amount author- tions for fiscal year 2006 for military nation of the pilot program under section ized to be appropriated by section 103(1) for activities of the Department of De- 2332 of title 10, United States Code (as aircraft procurement for the Air Force is amended by subsection (a)), the Secretary of hereby increased by $45,000,000. fense, for military construction, and Defense shall submit to Congress a report (b) AVAILABILITY OF AMOUNT.—Of the for defense activities of the Depart- containing a list of each contract entered amount authorized to be appropriated by ment of Energy, to prescribe personnel into by each Federal agency under such sec- section 103(1) for aircraft for the Air Force, strengths for such fiscal year for the tion during the preceding year that contains as increased by subsection (a), up to Armed Forces, and for other purposes; terms providing for the contractor to imple- $45,000,000 may be used for the procurement as follows: of one C–37B aircraft. ment information technology improvements On page 167, between lines 6 and 7, insert (c) OFFSET.—The amount authorized to be in exchange for a share of the savings de- the following: appropriated by section 301(1) for operation rived from the implementation of such im- (c) ADDITIONAL DEATH GRATUITY.—In the and maintenance for the Army is hereby re- provements. The report shall set forth, for case of an active duty member of the armed duced by $25,000,000 and the amount author- each contract listed— forces who died between October 7, 2001, and ized to be appropriated by section 301(5) for (A) the information technology perform- May 11, 2005, and was not eligible for an addi- O&M, defensewide is hereby reduced by ance acquired by reason of the improvements tional death gratuity under section $20,000,000. concerned; 1478(e)(3)(A) of title 10, United States Code (B) the total amount of payments made to Mr. WARNER (for Mr. (as added by section 1013(b) of Public Law the contractor during the year covered by SA 2540. 109–13), the eligible survivors of such dece- the report; and ISAKSON) proposed an amendment to dent shall receive, in addition to the death (C) the total amount of savings or other the bill S. 1042, to authorize appropria- gratuity available to such survivors under measurable benefits realized by the Federal tions for fiscal year 2006 for military section 1478(a) of such title, an additional agency during such year as a result of such activities of the Department of De- death gratuity of $150,000 under the same improvements. fense, for military construction, and conditions as provided under section (2) COMPTROLLER GENERAL REPORTS.—Not 1478(e)(4) of such title. later than two months after the Secretary for defense activities of the Depart- ment of Energy, to prescribe personnel submits a report required by paragraph (1), SA 2543. Mr. WARNER (for Mr. strengths for such fiscal year for the the Comptroller General of the United States ALLEN (for himself, Mr. DEWINE, and shall submit to Congress a report on the Armed Forces, and for other purposes; Mr. WARNER)) proposed an amendment costs and benefits to the United States of the as follows: implementation of the technology improve- to the bill S. 1042, to authorize appro- At the end of subtitle F of title V, insert priations for fiscal year 2006 for mili- ments under the contracts covered by such the following: report, together with such recommendations tary activities of the Department of SEC. ll. DESIGNATION OF IKE SKELTON EARLY as the Comptroller General considers appro- COMMISSIONING PROGRAM SCHOL- Defense, for military construction, and priate. ARSHIPS. for defense activities of the Depart- Section 2107a of title 10, United States ment of Energy, to prescribe personnel SA 2538. Mr. WARNER proposed an Code, is amended by adding at the end the strengths for such fiscal year for the amendment to the bill S. 1042, to au- following new subsection: Armed Forces, and for other purposes; thorize appropriations for fiscal year ‘‘(j) Financial assistance provided under as follows: this section to a cadet appointed at a mili- 2006 for military activities of the De- At the end of subtitle G of title X, insert: partment of Defense, for military con- tary junior college is designated as, and shall be known as, an ‘Ike Skelton Early Commis- SEC. ll. SENSE OF SENATE ON AERONAUTICS RESEARCH AND DEVELOPMENT. struction, and for defense activities of sioning Program Scholarship’.’’. the Department of Energy, to prescribe (a) FINDINGS.—Congress makes the following findings: personnel strengths for such fiscal year SA 2541. Mr. WARNER proposed an for the Armed Forces, and for other (1) The advances made possible by Govern- amendment to the bill S. 1042, to au- ment-funded research in emerging aero- purposes; as follows: thorize appropriations for fiscal year nautics technologies have enabled long- At the end of subtitle C of title III, add the 2006 for military activities of the De- standing military air superiority for the following: partment of Defense, for military con- United States in recent decades.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.071 S15NOPT1 S12860 CONGRESSIONAL RECORD — SENATE November 15, 2005 (2) Military aircraft incorporate advanced for the Armed Forces, and for other date, of any funds appropriated to the De- technologies developed at research centers of purposes; as follows: partment of Defense for fiscal year 2005 pur- the National Aeronautics and Space Admin- suant to the Acts referred to in subsections At the end of subtitle A of title X, add the istration. (a) and (b) as authorized by such subsections. following: (3) The vehicle systems program of the Na- The report shall set forth— tional Aeronautics and Space Administra- SEC. ll. AUTHORIZATION OF EMERGENCY SUP- (A) the amounts so obligated and expended; PLEMENTAL APPROPRIATIONS FOR tion has provided major technology advances THE DEPARTMENT OF DEFENSE. and that have been used in every major civil and (B) the purposes for which such amounts (a) FIRST EMERGENCY SUPPLEMENTAL TO military aircraft developed over the last 50 were so obligated and expended. MEET NEEDS ARISING FROM HURRICANE years. (2) REPORT ON EXPENDITURE OF REIMBURS- KATRINA.—Amounts authorized to be appro- (4) It is important for the cooperative re- priated to the Department of Defense for fis- ABLE FUNDS.—The Secretary shall include in search efforts of the National Aeronautics cal year 2005 in the Ronald W. Reagan Na- the report required by paragraph (1) a state- and Space Administration and the Depart- tional Defense Authorization Act for Fiscal ment of any expenditure by the Department ment of Defense that funding of research on Year 2005 (Public Law 108–375) are hereby ad- of Defense of funds that were reimbursable military aviation technologies be robust. justed, with respect to any such authorized by the Federal Emergency Management (5) Recent National Aeronautics and Space amount, by the amount by which appropria- Agency, or any other department or agency Administration and independent studies tions pursuant to such authorized amount of the Federal Government, from funds ap- have demonstrated the competitiveness, sci- are increased by a supplemental appropria- propriated in an Act referred to in sub- entific merit, and necessity of existing aero- tion, or by a transfer of funds, pursuant to section (a) or (b) to such department or agen- nautics programs. the Emergency Supplemental Appropriations cy. (6) The economic and military security of Act to Meet Immediate Needs Arising From (3) REPORT ON USE OF CERTAIN OTHER the United States is enhanced by the contin- the Consequences of Hurricane Katrina, 2005 FUNDS.—Not later than May 15, 2006, and ued development of improved aeronautics (Public Law 109–61). quarterly thereafter through November 15, technologies. (b) SECOND EMERGENCY SUPPLEMENTAL TO 2006, the Secretary shall submit to the con- (7) A national effort is needed to ensure MEET NEEDS ARISING FROM HURRICANE gressional defense committees a report on that the National Aeronautics and Space Ad- KATRINA.—Amounts authorized to be appro- the obligation and expenditure, during the ministration can help meet future aviation priated to the Department of Defense for fis- previous fiscal year quarter, of any funds ap- needs. cal year 2005 in the Ronald W. Reagan Na- propriated to the Department of Defense as (b) SENSE OF SENATE.—It is the sense of the tional Defense Authorization Act for Fiscal specified in subsection (c) and any funds re- Senate that it is in the national security in- Year 2005 are hereby adjusted, with respect allocated to the Department as specified in terest of the United States to maintain a to any such authorized amount, by the subsection (d). Each report shall, for the fis- strong aeronautics research and development amount by which appropriations pursuant to cal year quarter covered by such report, set program within the Department of Defense such authorized amount are increased by a forth— and the National Aeronautics and Space Ad- supplemental appropriation, or by a transfer (A) the amounts so obligated and expended; ministration. of funds, pursuant to the Second Emergency and Supplemental Appropriations Act to Meet (B) the purposes for which such amounts SA 2544. Mr. WARNER proposed an Immediate Needs Arising From the Con- were so obligated and expended. amendment to the bill S. 1042, to au- sequences of Hurricane Katrina, 2005 (Public (g) REPORT ON ASSISTANCE FOR EARTHQUAKE thorize appropriations for fiscal year Law 109–62). VICTIMS IN PAKISTAN.—Not later than 30 days 2006 for military activities of the De- (c) SUPPLEMENTAL APPROPRIATIONS FOR after the date of the enactment of this Act, partment of Defense, for military con- AVIAN FLU PREPAREDNESS.—Amounts au- the Secretary of Defense shall submit to the struction, and for defense activities of thorized to be appropriated to the Depart- congressional defense committees a report describing Department of Defense efforts to the Department of Energy, to prescribe ment of Defense for fiscal year 2006 in this Act are hereby adjusted, with respect to any provide relief to victims of the earthquake personnel strengths for such fiscal year such authorized amount, by the amount by that devastated northern Pakistan on Octo- for the Armed Forces, and for other which appropriations pursuant to such au- ber 8, 2005, and assessing the need for further purposes; as follows: thorized amount are increased by a supple- reconstruction and relief assistance. At the end of subtitle E of title VIII, add mental appropriation, or by a transfer of the following: funds, arising from the proposal of the Ad- SA 2546. Mr. WARNER (for Mr. DAY- SEC. lll. MODIFICATION OF LIMITED ACQUISI- ministration relating to avian flu prepared- TON (for himself, Mrs. MURRAY, and Ms. ness that was submitted to Congress on No- TION AUTHORITY FOR THE COM- COLLINS)) proposed an amendment to MANDER OF THE UNITED STATES vember 1, 2006. the bill S. 1042, to authorize appropria- JOINT FORCES COMMAND. (d) AMOUNTS REALLOCATED FOR HURRICANE- (a) SCOPE OF AUTHORITY.—Subsection (a) of RELATED DISASTER RELIEF.—Amounts au- tions for fiscal year 2006 for military section 167a of title 10, United States Code, is thorized to be appropriated to the Depart- activities of the Department of De- amended by striking and ‘‘and acquire’’ and ment of Defense for fiscal year 2006 in this fense, for military construction, and inserting ‘‘, acquire, and sustain’’. Act are hereby adjusted, with respect to any for defense activities of the Depart- (b) INAPPLICABILITY TO CERTAIN SYSTEMS such authorized amount, by the amount by ment of Energy, to prescribe personnel FUNDED WITH OPERATION AND MAINTENANCE which appropriations pursuant to such au- strengths for such fiscal year for the FUNDS.—Subsection (d) of such section is thorized amount are increased by a realloca- Armed Forces, and for other purposes; amended— tion of funds from the Disaster Relief Fund (1) in paragraph (1), by striking ‘‘or’’ at the (DRF) of the Federal Emergency Manage- as follows: end; ment Agency arising from the proposal of At the end of subtitle C of title V, add the (2) in paragraph (2), by striking the period the Director of the Office of Management following: at the end and inserting ‘‘; or’’; and and Budget on the reallocation of amounts SEC. ll. SENSE OF SENATE ON CERTAIN MAT- (3) by adding at the end the following new for hurricane-related disaster relief that was TERS RELATING TO THE NATIONAL paragraph: submitted to the President on October 28, GUARD AND RESERVES. ‘‘(3) the total expenditure for operation 2005, and transmitted to the Speaker of the It is the sense of the Senate— and maintenance is estimated to be $2,000,000 House of Representatives on that date. (1) to recognize the important and integral or more.’’. (e) AMOUNTS FOR HUMANITARIAN ASSIST- role played by members of the Active Guard (c) EXTENSION OF AUTHORITY.—Subsection ANCE FOR EARTHQUAKE VICTIMS IN PAKI- and Reserve and military technicians (dual (f) of such section is amended— STAN.—There is authorized to be appro- status) in the efforts of the Armed Forces; (1) by striking ‘‘through 2006’’ and insert- priated as emergency supplemental appro- and ing ‘‘through 2009’’; and priations for the Department of Defense for (2) to urge the Secretary of Defense to (2) by striking ‘‘September 30, 2006’’ and in- fiscal year 2006, $40,000,000 for the use of the promptly resolve issues relating to appro- serting ‘‘September 30, 2009’’. Department of Defense for overseas, humani- priate authority for payment of reenlistment tarian, disaster, and civic aid for the purpose bonsuses stemming from reenlistment con- SA 2545. Mr. WARNER (for himself, of providing humanitarian assistance to the tracts entered into between January 14, 2005, Mr. LEVIN, and Mr. BINGAMAN) proposed victims of the earthquake that devastated and April 17, 2005, involving members of the an amendment to the bill S. 1042, to au- northern Pakistan on October 8, 2005. Army National Guard and military techni- thorize appropriations for fiscal year (f) REPORTS ON USE OF CERTAIN FUNDS.— cians (dual status). 2006 for military activities of the De- (1) REPORT ON USE OF EMERGENCY SUPPLE- MENTAL FUNDS.—Not later than six months partment of Defense, for military con- after the date of the enactment of this Act, SA 2547. Mr. WARNER (for Mr. BYRD) struction, and for defense activities of the Secretary of Defense shall submit to the proposed an amendment to the bill S. the Department of Energy, to prescribe congressional defense committees a report 1042, to authorize appropriations for personnel strengths for such fiscal year on the obligation and expenditure, as of that fiscal year 2006 for military activities

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.072 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12861 of the Department of Defense, for mili- thorize appropriations for fiscal year (1) the Government of Libya should be tary construction, and for defense ac- 2006 for military activities of the De- commended for the steps the Government tivities of the Department of Energy, partment of Defense, for military con- has taken to renounce terrorism and to to prescribe personnel strengths for struction, and for defense activities of eliminate Libya’s weapons of mass destruc- such fiscal year for the Armed Forces, tion and related programs; and the Department of Energy, to prescribe (2) an important priority for improving re- and for other purposes; as follows: personnel strengths for such fiscal year lations between the United States and Libya At the end of title XXXIII of division C, for the Armed Forces, and for other should be a good faith effort on the part of add the following: purposes; as follows: the Government of Libya to resolve the SEC. 3302. DISPOSAL OF FERROMANGANESE. At the end of subtitle D of title XXVIII of claims of members of the Armed Forces of (a) DISPOSAL AUTHORIZED.—The Secretary division B, add the following: the United States and other United States of Defense may dispose of up to 75,000 tons of SEC. 2887. REQUIRED CONSULTATION WITH citizens who were injured in the bombing of ferromanganese from the National Defense STATE AND LOCAL ENTITIES ON the LaBelle Discotheque in Berlin, Germany Stockpile during fiscal year 2006. TRANSPORTATION, HOUSING, AND that occurred in April 1986, and of family (b) CONTINGENT AUTHORITY FOR ADDITIONAL OTHER INFRASTRUCTURE ISSUES members of members of the Armed Forces of DISPOSAL.—If the Secretary of Defense com- RELATED TO THE ADDITION OF PER- the United States who were killed in that pletes the disposal of the total quantity of SONNEL OR FACILITIES AT MILI- bombing. ferromanganese authorized for disposal by TARY INSTALLATIONS AS PART OF subsection (a) before September 30, 2006, the 2005 ROUND OF DEFENSE BASE CLO- (b) REPORTS.— Secretary of Defense may dispose of up to an SURE AND REALIGNMENT. (1) INITIAL REPORT.—Not later than 90 days additional 25,000 tons of ferromanganese Section 2905(a) of the Defense Base Closure after the date of enactment of this Act, the from the National Defense Stockpile before and Realignment Act of 1990 (part A of title Secretary of State shall submit to the appro- that date. XXIX of Public Law 101–510; 10 U.S.C. 2687 priate congressional committees a report on (c) CERTIFICATION.—The Secretary of De- note) is amended by adding at the end the the status of negotiations between the Gov- fense may dispose of ferromanganese under following new paragraph: ernment of Libya and United States claim- the authority of subsection (b) only if the ‘‘(3) In carrying out any closure or realign- ants in connection with the bombing of the Secretary submits written certification to ment under this part that would add per- LaBelle Discotheque in Berlin, Germany the Committee on Armed Services of the sonnel or facilities to an existing military that occurred in April 1986, regarding resolu- Senate and the Committee on Armed Serv- installation, the Secretary shall consult tion of their claims. The report shall also in- ices of the House of Representatives, not with appropriate State and local entities on clude information on efforts by the Govern- later than 30 days before the commencement matters affecting the local community re- ment of the United States to urge the Gov- of disposal, that— lated to transportation, utility infrastruc- ernment of Libya to make a good faith effort (1) the disposal of the additional ture, housing, schools, and family support to resolve such claims. ferromanganese from the National Defense activities during the development of plans to (2) UPDATE.—Not later than one year after Stockpile is in the interest of national de- implement such closure or realignment.’’. enactment of this Act, the Secretary of fense; State shall submit to the appropriate con- (2) the disposal of the additional SA 2550. Mr. WARNER (for Mr. LOTT gressional committees an update of the re- ferromanganese will not cause undue disrup- (for himself and Mr. CORNYN)) proposed port required by paragraph (1). tion to the usual markets of producers and an amendment to the bill S. 1042, to au- (c) APPROPRIATE CONGRESSIONAL COMMIT- processors of ferromanganese in the United thorize appropriations for fiscal year TEES DEFINED.—In this section, the term States; and 2006 for military activities of the De- ‘‘appropriate congressional committees’’ (3) the disposal of the additional partment of Defense, for military con- means the Committee on Armed Services ferromanganese is consistent with the re- and the Committee on Foreign Relations of quirements and purpose of the National De- struction, and for defense activities of the Senate and the Committee on Armed fense Stockpile. the Department of Energy, to prescribe Services and the Committee on Inter- (d) DELEGATION OF RESPONSIBILITY.—The personnel strengths for such fiscal year Secretary of Defense may delegate the re- for the Armed Forces, and for other national Relations of the House of Rep- resentatives. sponsibility of the Secretary under sub- purposes; as follows: section (c) to an appropriate official within At the end of subtitle D of title XXVIII of the Department of Defense. division B, add the following: SA 2552. Mr. WARNER (for Mr. KEN- (e) NATIONAL DEFENSE STOCKPILE DE- FINED.—In this section, the term ‘‘National SEC. 2887. SENSE OF THE SENATE ON REVER- NEDY (for himself and Mrs. FEINSTEIN)) Defense Stockpile’’ means the stockpile pro- SIONARY INTERESTS AT NAVY proposed an amendment to the bill S. HOMEPORTS. vided for in section 4 of the Strategic and 1042, to authorize appropriations for It is the sense of the Senate that, in imple- Critical Materials Stock Piling Act (50 menting the decisions made with respect to fiscal year 2006 for military activities U.S.C. 98c). Navy homeports as part of the 2005 round of of the Department of Defense, for military construction, and for defense ac- SA 2548. Mr. WARNER (for Mr. REID) defense base closure and realignment, the proposed an amendment to the bill S. Secretary of the Navy should, consistent tivities of the Department of Energy, 1042, to authorize appropriations for with the national interest and Federal policy to prescribe personnel strengths for supporting cost-free conveyances of Federal fiscal year 2006 for military activities such fiscal year for the Armed Forces, surplus property suitable for use as port fa- and for other purposes; as follows: of the Department of Defense, for mili- cilities, release or otherwise relinquish any tary construction, and for defense ac- entitlement to receive, pursuant to any On page 378, between lines 10 and 11, insert tivities of the Department of Energy, agreement providing for such payment, com- the following: to prescribe personnel strengths for pensation from any holder of a reversionary SEC. 3114. PROHIBITION ON USE OF FUNDS FOR such fiscal year for the Armed Forces, interest in real property used by the United ROBUST NUCLEAR EARTH PENE- and for other purposes; as follows: States for improvements made to any mili- TRATOR. tary installation that is closed or realigned At the end of subtitle C of title III, add the None of the funds authorized to be appro- as part of such base closure round. following: priated to the Department of Energy under SEC. ll. ARMAMENT RETOOLING AND MANU- SA 2551. Mr. WARNER (for Mr. this Act may be made available for the Ro- FACTURING SUPPORT INITIATIVE bust Nuclear Earth Penetrator. MATTERS. LEVIN) proposed an amendment to the (a) INCLUSION OF ADDITIONAL FACILITIES bill S. 1042, to authorize appropriations WITHIN INITIATIVE.—Section 4551(2) of title for fiscal year 2006 for military activi- SA 2553. Mr. WARNER (for Ms. 10, United States Code, is amended by insert- ties of the Department of Defense, for SNOWE (for herself and Ms. COLLINS)) ing ‘‘, or a Government-owned, contractor- military construction, and for defense proposed an amendment to the bill S. operated depot for the storage, maintenance, activities of the Department of Energy, 1042, to authorize appropriations for renovation, or demilitarization of ammuni- fiscal year 2006 for military activities tion,’’ after ‘‘manufacturing facility’’. to prescribe personnel strengths for (b) ADDITIONAL CONSIDERATION FOR USE OF such fiscal year for the Armed Forces, of the Department of Defense, for mili- FACILITIES.—Section 4554(b)(2) of such title is and for other purposes; as follows: tary construction, and for defense ac- amended by adding at the end the following At the end of subtitle G of title X, add the tivities of the Department of Energy, new subparagraph: following: to prescribe personnel strengths for ‘‘(D) The demilitarization and storage of SEC. 1073. REPORT ON CLAIMS RELATED TO THE such fiscal year for the Armed Forces, conventional ammunition.’’. BOMBING OF THE LABELLE DIS- and for other purposes; as follows: COTHEQUE. SA 2549. Mr. WARNER proposed an (a) SENSE OF CONGRESS.—It is the sense of At the end of subtitle D of title XXVIII of amendment to the bill S. 1042, to au- Congress that— division B, add the following:

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.073 S15NOPT1 S12862 CONGRESSIONAL RECORD — SENATE November 15, 2005 SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL retary with respect to any other Federal or (8) The Overseas Basing Commission fur- CONDITIONS AT MILITARY INSTAL- State requirement relating to— ther recommended that it is ‘‘imperative LATIONS CLOSED OR REALIGNED (1) the environment; or that the ‘last day-first day’ approach should UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT. (2) the transfer of property. be taken whether the movement is abroad (a) IDENTIFICATION OF ENVIRONMENTAL CON- from one locale to another, from overseas to DITION OF PROPERTY.— SA 2554. Mr. WARNER (for Ms. the United States, or from one base in (1) IN GENERAL.—Not later than May 31, SNOWE) proposed an amendment to the CONUS [the continental United States] to 2007, the Secretary of Defense, in consulta- bill S. 1042, to authorize appropriations yet another as a result of base realignment tion with the Administrator of the Environ- for fiscal year 2006 for military activi- and closures’’. mental Protection Agency, other appropriate ties of the Department of Defense, for (b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Defense Federal agencies, and State, tribal, and local military construction, and for defense government officials, shall complete an iden- should not transfer any unit from a military tification of the environmental condition of activities of the Department of Energy, installation closed or realigned due to the re- the real property (including groundwater) of to prescribe personnel strengths for location of forces under the Integrated Glob- each military installation approved for clo- such fiscal year for the Armed Forces, al Presence and Basing Strategy or the 2005 sure or realignment under the 2005 round of and for other purposes; as follows: round of defense base closure and realign- defense base closure and realignment in ac- At the end of subtitle D of title XXVIII, ment until adequate facilities and infra- cordance with section 120(h)(4) of the Com- add the following: structure necessary to support the unit’s prehensive Environmental Response, Com- mission and quality of life requirements for SEC. 2887. SENSE OF CONGRESS ON LIMITATION military families are ready for use at the re- pensation, and Liability Act of 1980 (42 ON TRANSFER OF UNITS FROM U.S.C. 9620(h)(4)). CLOSED AND REALIGNED MILITARY ceiving location. (2) RESULTS.— INSTALLATIONS PENDING READI- (A) IN GENERAL.—As soon as practicable NESS OF RECEIVING LOCATIONS. SA 2555. Mr. WARNER (for Mr. after the date on which an identification (a) FINDINGS.— HAGEL) proposed an amendment to the under paragraph (1) is completed, the Sec- (1) The Commission on Review of Overseas bill S. 1042, to authorize appropriations retary of Defense shall— Military Facility Structure of the United (i) provide a notice of the results of the for fiscal year 2006 for military activi- States, also known as the Overseas Basing ties of the Department of Defense, for identification to— Commission, transmitted a report to the (I) the Administrator of the Environmental President and Congress on August 15, 2005, military construction, and for defense Protection Agency; that discussed considerations for the return activities of the Department of Energy, (II) the head of any other appropriate Fed- to the United States of up to 70,000 service to prescribe personnel strengths for eral agency, as determined by the Secretary; personnel and 100,000 family members and ci- such fiscal year for the Armed Forces, and vilian employees from overseas garrisons. and for other purposes; as follows: (III) any affected State or tribal govern- (2) The 2005 Base Closure and Realignment In Title VI, subtitle E, at the end, insert ment official, as determined by the Sec- Commission released a report on September the following: retary; and 8, 2005, to the President that assessed the (ii) publish in the Federal Register the re- closure and realignment decisions of the De- SEC. ll. EXTENSION OF ELIGIBILITY FOR SSI sults of the identification. partment of Defense, which would affect FOR CERTAIN INDIVIDUALS IN FAMI- LIES THAT INCLUDE MEMBERS OF (B) REQUEST FOR CONCURRENCE.—The Sec- 26,830 military personnel positions. retary shall include in a notice provided THE RESERVE AND NATIONAL (3) Both of these reports expressed con- GUARD. under subclause (I) or (III) of subparagraph cerns that massive movements of units, serv- (A)(i) a request for concurrence with the Section 1631(j)(1)(B) of the Social Security ice personnel, and families may disrupt unit Act (42 U.S.C. 1383(j)(1)(B)) is amended by in- identification in such form as the Secretary operational effectiveness and the quality of determines to be appropriate. serting ‘‘(24 consecutive months, in the case life for family members if not carried out of such an individual whose ineligibility for (3) CONCURRENCE.— with adequate planning and resources. (A) IN GENERAL.—An identification under benefits under or pursuant to both such sec- (4) The 2005 Base Closure and Realignment tions is a result of being called to active paragraph (1) shall not be considered to be Commission, in its decision to close Fort complete until— duty pursuant to section 12301(d) or 12302 of Monmouth, included a provision requiring title 10, United States Code, or section 502(f) (i) for a property that is a site, or part of the Secretary of Defense to provide a report a site, on the National Priorities List devel- of title 32, United States Code)’’ after ‘‘for a that ‘‘movement of organizations, functions, period of 12 consecutive months’’. oped by the President in accordance with or activities from Fort Monmouth to Aber- section 105(a)(8)(B) of the Comprehensive En- deen Proving Ground will be accomplished vironmental Response, Compensation, and without disruption of their support to the SA 2556. Mr. WARNER (for Mr. NEL- Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), Global War on Terrorism or other critical SON of Florida) proposed an amendment the date on which the Administrator of the contingency operations, and that safeguards to the bill S. 1042, to authorize appro- Environmental Protection Agency and each exist to ensure that necessary redundant ca- priations for fiscal year 2006 for mili- appropriate State and tribal government of- pabilities are put in place to mitigate poten- tary activities of the Department of ficial concur with the identification; and tial degradation of such support, and to en- Defense, for military construction, and (ii) for any property that is not a site de- sure maximum retention of critical work- scribed in clause (i), the date on which each for defense activities of the Depart- force’’. ment of Energy, to prescribe personnel appropriate State and tribal government of- (5) The Overseas Basing Commission found ficial concurs with the identification. that ‘‘base closings at home along with the strengths for such fiscal year for the (B) FAILURE TO ACT.—The Administrator, return of yet additional masses of service Armed Forces, and for other purposes; or a State or tribal government official, members and dependents from overseas will as follows: shall be considered to concur with an identi- have major impact on local communities and On page 378, between lines 10 and 11, insert fication under paragraph (1) if the Adminis- the quality of life that can be expected. the following: trator or government official fails to make a Movements abroad from established bases SEC. 3114. SENSE OF THE SENATE REGARDING IN- determination with respect to a request for into new locations, or into locations already concurrence with such identification under TERIM REPORTS ON RESIDUAL BE- in use that will be put under pressure by in- RYLLIUM CONTAMINATION AT DE- paragraph (2)(B) by not later than 90 days creases in populations, will impact on living PARTMENT OF ENERGY VENDOR FA- after the date on which such request for con- conditions.’’ CILITIES. currence is received. (6) The Overseas Basing Commission notes (a) FINDINGS.—The Senate makes the fol- (b) EXPEDITING ENVIRONMENTAL RE- that the four most critical elements of qual- lowing findings: SPONSE.—The Secretary of Defense shall co- ity of life as they relate to restructuring of (1) Section 3169 of the Ronald W. Reagan ordinate with appropriate Federal, State, the global defense posture are housing, mili- National Defense Authorization Act for Fis- tribal, and local governmental officials, as determined by the Secretary, to expedite en- tary child education, healthcare, and service cal Year 2005 (Public Law 108–375; 42 U.S.C. vironmental response at military installa- member and family services. 7384 note) requires the National Institute for tions approved for closure or realignment (7) The Overseas Basing Commission rec- Occupational Safety and Health to submit, under the 2005 round of defense base closure ommended that ‘‘planners must take a ‘last not later than December 31, 2006, an update and realignment. day-first day’ approach to the movement of to the October 2003 report of the Institute on (c) REPORT.—The Secretary shall submit to units and families from one location to an- residual beryllium contamination at Depart- Congress, as part of each annual report other’’, meaning that they must maintain ment of Energy vendor facilities. under section 2706 of title 10, United States the support infrastructure for personnel (2) The American Beryllium Company, Code, a report describing any progress made until the last day they are in place and must Tallevast, Florida, machined beryllium for in carrying out this section. have the support infrastructure in place on the Department of Energy’s Oak Ridge Y-12, (d) EFFECT OF SECTION.—Nothing in this the first day troops arrive in the new loca- Tennessee, and Rocky Flats, Colorado, facili- section affects any obligation of the Sec- tion. ties from 1967 until 1992.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.079 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12863 (3) The National Institute for Occupational (2) A comparative analysis of the charac- for defense activities of the Depart- Safety and Health has completed its evalua- teristics of each health care system, includ- ment of Energy, to prescribe personnel tion of residual beryllium contamination at ing a determination and comparative anal- strengths for such fiscal year for the the American Beryllium Company. ysis of— Armed Forces, and for other purposes; (4) Workers at the American Beryllium (A) the mission of such systems; Company and other affected companies (B) the demographic characteristics of the as follows: should be made aware fo the site-specific re- populations served by such systems; At the end of subtitle C of title III, add the sults of the study as soon as such results are (C) the categories of eligibility for health following: available. care services in such systems; SEC. ll. GRANTS FOR LOCAL WORKFORCE IN- (b) SENSE OF THE SENATE.—It is the sense (D) the nature of benefits available by ben- VESTMENT BOARDS FOR SERVICES of the Senate to urge the Director of the Na- eficiary category in such systems; FOR CERTAIN SPOUSES OF MEM- tional Institute for Occupational Safety and (E) access to and quality of health care BERS OF THE ARMED FORCES. Health— services in such systems; (a) GRANTS AUTHORIZED.—The Secretary of (1) to provide to Congress interim reports (F) the out-of-pocket expenses for health Defense may, from any funds authorized to of residual beryllium contamination at fa- care by beneficiary category in such sys- be appropriated to the Department of De- cilities not later than 14 days after com- tems; fense, and in consultation with the Depart- pleting the internal review of such reports; (G) the structure and methods of financing ment of Labor, make grants to local work- and the care for all categories of beneficiaries in force investments boards established under (2) to publish in the Federal Register sum- such systems; section 117 of the Workforce Investment Act maries of the findings of such reports, in- (H) the management and acquisition of of 1998 (29 U.S.C. 2832), or consortia of such cluding the dates of any significant residual medical equipment and supplies in such sys- boards, in order to permit such boards or beryllium contamination, at such time as tems, including pharmaceuticals and pros- consortia of boards to provide services to the reports are provided to Congress under thetic and other medical assistive devices; spouses of members of the Armed Forces de- paragraph (1). (I) the mix of health care services available scribed in subsection (b). in such systems; (b) COVERED SPOUSES.—Spouses of mem- SA 2557. Mr. WARNER (for Mr. (J) the current inpatient and outpatient bers of the Armed Forces described in this GRAHAM) proposed an amendment to capacity of such systems; and subsection are spouses of members of the the bill S. 1042, to authorize appropria- (K) the human resource systems for med- Armed Forces on active duty, which tions for fiscal year 2006 for military ical personnel in such systems, including the spouses— activities of the Department of De- rates of compensation for civilian employ- (1) have experienced a loss of employment as a direct result of relocation of such mem- fense, for military construction, and ees. (3) A summary of current sharing efforts bers to accommodate a permanent change in for defense activities of the Depart- duty station; or ment of Energy, to prescribe personnel between the health care systems of the De- partment of Defense and the Department of (2) are in a family whose income is signifi- strengths for such fiscal year for the Veterans Affairs. cantly reduced due to— Armed Forces, and for other purposes; (4) An assessment of the advantages and (A) the deployment of such members; as follows: disadvantages for military retirees and their (B) the call or order of such members to ac- At the end of subtitle B of title VII, add dependents participating in the health care tive duty in support of a contingency oper- the following: system of the Department of Veterans Af- ation pursuant to a provision of law referred SEC. ll. COMPTROLLER GENERAL REPORT ON fairs of an expanded partnership between the to in section 101(a)(13)(B) of title 10, United EXPANDED PARTNERSHIP BETWEEN health care systems of the Department of States Code; THE DEPARTMENT OF DEFENSE AND Defense and the Department of Veterans Af- (C) a permanent change in duty station of THE DEPARTMENT OF VETERANS fairs, with a separate assessment to be made such members; or AFFAIRS ON THE PROVISION OF for— (D) the incurral by such members of a serv- HEALTH CARE SERVICES. (A) military retirees and dependents under ice-connected disability (as that term is de- (a) REPORT REQUIRED.—Not later than 180 fined in section 101(16) of title 38, United days after the date of the enactment of this the age of 65; and (B) military retirees and dependents over States Code). Act, the Comptroller General of the United (c) REGULATIONS.—Any grants made under States shall submit to the appropriate com- the age of 65. (5) Projections for the future growth of this section shall be made pursuant to regu- mittees of Congress a report on the feasi- lations prescribed by the Secretary in con- bility of an expanded partnership between health care costs for retirees and veterans in the health care systems of the Department sultation with the Department of Labor. the Department of Defense and the Depart- Such regulation shall set forth— ment of Veterans Affairs for the provision of of Defense and the Department of Veterans Affairs, including recommendations on (1) criteria for eligibility of workforce in- health care services. vestment boards for grants under this sec- (b) REPORT ELEMENTS.—The report re- mechanisms to ensure more effective and tion; quired by subsection (a) shall include the fol- higher quality services in the future for mili- (2) requirements for applications for such lowing: tary retirees and veterans now served by grants; and (1) An overview of the current health care both systems. (3) the nature of services to be provided systems of the Department of Defense and (6) Options for means of achieving a more using such grants. the Department of Veterans Affairs, includ- effective partnership between the health care systems of the Department of Defense ing— Mr. WARNER proposed an (A) the total number of eligible bene- and the Department of Veterans Affairs, in- SA 2559. ficiaries in each system as of September 30, cluding options for the expansion of, and en- amendment to the bill S. 1042, to au- 2005; hancement of access of military retirees and thorize appropriations for fiscal year (B) the total number of current consumers their dependents to, the health care system 2006 for military activities of the De- of health care services in each system as of of the Department of Veterans Affairs. partment of Defense, for military con- that date; (c) SOLICITATION OF VIEW.—In preparing the struction, and for defense activities of report required by subsection (a), the Comp- (C) the total cost of each system in the the Department of Energy, to prescribe most recent fiscal year for which complete troller General shall seek the views of representatives of military family organiza- personnel strengths for such fiscal year cost data for both systems exists; for the Armed Forces, and for other (D) the annual workload or production of tions, military retiree organizations, and or- health care by beneficiary category in each ganizations representing veterans and their purposes; as follows: system in the most recent fiscal year for families. At the end of subtitle C of title III, add the (d) APPROPRIATE COMMITTEES OF CONGRESS which complete data on workload or produc- following: DEFINED.—In this section, the term ‘‘appro- tion of health care for both systems exists; SEC. ll. REST AND RECUPERATION LEAVE PRO- priate committees of Congress’’ means— (E) the total cost of health care by bene- GRAMS. (1) the Committees on Armed Services and ficiary category in each system in the most (a) AVAILABILITY OF FUNDS FOR REIMBURSE- Veterans Affairs’ of the Senate; and recent fiscal year for which complete cost MENT OF EXPENSES.—Of the amount author- (2) the Committees on Armed Services and data for both systems exists; ized to be appropriated by section 301(5) for Veterans Affairs’ of the House of Representa- (F) the total staffing of medical and ad- operation and maintenance for Defense-wide tives. ministrative personnel in each system as of activities, $7,000,000 may be available for the September 30, 2005; SA 2558. Mr. WARNER (for Mr. reimbursement of expenses of the Armed (G) the number and location of facilities, Forces Recreation Centers related to the uti- SALAZAR) proposed an amendment to including both hospitals and clinics, oper- lization of the facilities of the Armed Forces ated by each system as of that date; and the bill S. 1042, to authorize appropria- Recreation Centers under official Rest and (H) the size, capacity, and production of tions for fiscal year 2006 for military Recuperation Leave Programs authorized by graduate medical education programs in activities of the Department of De- the military departments or combatant com- each system as of that date. fense, for military construction, and manders.

VerDate Aug 31 2005 04:16 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.079 S15NOPT1 S12864 CONGRESSIONAL RECORD — SENATE November 15, 2005 (b) UTILIZATION OF REIMBURSEMENTS.— (i) the so-called ‘‘stop loss’’ authority and amendment to the bill S. 1042, to au- Amounts received by the Armed Forces the manner in which exercise of such author- thorize appropriations for fiscal year Recreation Centers under subsection (a) as ity could affect the duration of an individ- 2006 for military activities of the De- reimbursement for expenses may be utilized ual’s service on active duty in the Armed partment of Defense, for military con- by such Centers for facility maintenance and Forces; repair, utility expenses, correction of health (ii) the authority for the call or order to struction, and for defense activities of and safety deficiencies, and routine ground active duty of members of the Individual the Department of Energy, to prescribe maintenance. Ready Reserve and the manner in which such personnel strengths for such fiscal year (c) REGULATIONS.—The utilization of facili- a call or order to active duty could affect an for the Armed Forces, and for other ties of the Armed Forces Recreation Centers individual following the completion of the purposes; as follows: under Rest and Recuperation Leave Pro- individual’s expected period of service on ac- grams, and reimbursement for expenses re- At the appropriate place, insert the fol- tive duty or in the Individual Ready Reserve; lowing: lated to such utilization of such facilities, and SEC. ll. DENIAL OF CERTAIN BURIAL-RELATED shall be subject to regulations prescribed by (iii) any other authorities applicable to the the Secretary of Defense. BENEFITS FOR INDIVIDUALS WHO call or order to active duty of the Reserves, COMMITTED A CAPITAL OFFENSE. or of the retention of members of the Armed SA 2560. Mr. WARNER (for Mr. FEIN- (a) PROHIBITION AGAINST INTERMENT IN NA- Forces on active duty, that could affect the GOLD) proposed an amendment to the TIONAL CEMETERY.—Section 2411 of title 38, period of service of an individual on active United States Code, is amended— bill S. 1042, to authorize appropriations duty or in the Armed Forces; and for fiscal year 2006 for military activi- (1) in subsection (b)— (B) such other information as the Sec- (A) by amending paragraph (1) to read as ties of the Department of Defense, for retary considers appropriate. follows: military construction, and for defense ‘‘(1) A person whose conviction of a Federal activities of the Department of Energy, SA 2561. Mr. WARNER (for Mr. BYRD) capital crime is final.’’; and to prescribe personnel strengths for proposed an amendment to the bill S. (B) by amending paragraph (2) to read as such fiscal year for the Armed Forces, 1042, to authorize appropriations for follows: and for other purposes; as follows: fiscal year 2006 for military activities ‘‘(2) A person whose conviction of a State At the end of subtitle B of title V, add the of the Department of Defense, for mili- capital crime is final.’’; and following: tary construction, and for defense ac- (2) in subsection (d)— SEC. ll. REPORT ON INFORMATION ON STOP tivities of the Department of Energy, (A) in paragraph (1), by striking ‘‘the death LOSS AUTHORITIES GIVEN TO EN- to prescribe personnel strengths for penalty or life imprisonment’’ and inserting ‘‘a life sentence or the death penalty’’; and LISTEES IN THE ARMED FORCES. such fiscal year for the Armed Forces, (a) FINDINGS.—Congress makes the fol- (B) in paragraph (2), by striking ‘‘the death lowing findings: and for other purposes; as follows: penalty or life imprisonment without parole (1) The Department of Defense began re- At the end of subtitle G of title X of divi- may be imposed’’ and inserting ‘‘a life sen- taining selected members of the Armed sion A, add the following: tence or the death penalty may be imposed’’. Forces beyond their contractual date of sep- SEC. 1073. COAL-TO-LIQUID FUEL DEVELOPMENT (b) DENIAL OF CERTAIN BURIAL-RELATED aration from the Armed Forces, a policy PLAN. BENEFITS.—Section 985 of title 10, United commonly known as ‘‘stop loss’’, shortly (a) DEFINITION OF DESIGNATED COMMIT- States Code, is amended— after the events of September 11, 2001, and TEES.—In this section, the term ‘‘designated (1) in subsection (a), by striking ‘‘who has for the first time since Operation Desert committees’’ means— been convicted of a capital offense under Shield/Desert Storm. (1) the Committees on Armed Services, En- Federal or State law for which the person (2) The Marine Corps, Navy, and Air Force ergy and Natural Resources, and Appropria- was sentenced to death or life imprisonment discontinued their use of stop loss authority tions of the Senate; and without parole.’’ and inserting ‘‘described in in 2003. According to the Department of De- (2) the Committees on Armed Services, En- section 2411(b) of title 38.’’; fense, a total of 8,992 marines, 2,600 sailors, ergy and Commerce, and Appropriations of (2) in subsection (b), by striking ‘‘convicted and 8,500 airmen were kept beyond their sep- the House of Representatives. of a capital offense under Federal law’’ and aration dates under that authority. (b) DEVELOPMENT PLAN AND REPORT.—Not inserting ‘‘described in section 2411(b) of (3) The Army is the only Armed Force cur- later than 90 days after the date of enact- title 38’’; and rently using stop loss authority. The Army ment of this Act, using amounts available to (3) by amending subsection (c) to read as reports that, during September 2005, it was the Department of Defense and the National follows: retaining 6,929 regular component soldiers, Energy Technology Laboratory of the De- ‘‘(c) DEFINITION.—In this section, the term 3,002 soldiers in the National Guard, and 2,847 partment of Energy— ‘burial’ includes inurnment.’’. soldiers in the Army Reserve beyond their (1) the Secretary of Energy, in coordina- (c) DENIAL OF FUNERAL HONORS.—Section separation date. The Army reports that it tion with the Secretary of Defense, shall pre- 1491(h) of title 10, United States Code, is has not kept an account of the cumulative pare and submit to the designated commit- amended— number of soldiers who have been kept be- tees a development plan for a coal-to-liquid (1) by redesignating paragraphs (1) and (2) yond their separation date. fuels program; and as subparagraphs (A) and (B), respectively; (4) The Department of Defense Form 4/1, (2) the Secretary of Defense, in coordina- (2) by striking ‘‘ means a decedent who—’’ Enlistment/Reenlistment Document does not tion with the Secretary of Energy, shall pre- and inserting the following: ‘‘— give notice to enlistees and reenlistees in the pare and submit to the designated commit- ‘‘(1) means a decedent who—’’; regular components of the Armed Forces tees a report on the potential use of the fuels (3) in subparagraph (B), as redesignated, by that they may be kept beyond their contrac- by the Department of Defense. striking the period at the end and inserting tual separation date during times of partial (c) REQUIREMENTS.—The development plan ‘‘; and’’; and mobilization. described in subsection (b)(1) shall be pre- (4) by adding at the end the following: (5) The Department of Defense has an obli- pared taking into consideration— ‘‘(2) does not include any person described gation to clearly communicate to all poten- (1) technology needs and developmental in section 2411(b) of title 38.’’. tial enlistees and reenlistees in the Armed barriers; (d) RULEMAKING.— Forces their terms of service in the Armed (2) economic and national security effects; (1) DEPARTMENT OF DEFENSE.—The Sec- Forces. (3) environmental standards and carbon retary of Defense shall prescribe regulations (b) REPORT.— capture and storage opportunities; to ensure that a person is not interred in any (1) IN GENERAL.—Not later than 90 days (4) financial incentives; military cemetery under the authority of the after the date of the enactment of this Act, (5) timelines and milestones; Secretary or provided funeral honors under the Secretary of Defense shall submit to the (6) diverse regions having coal reserves section 1491 of title 10, United States Code, congressional defense committees a report that would be suitable for liquefaction unless a good faith effort has been made to on the actions being taken to ensure that plants; determine whether such person is described each individual being recruited for service in (7) coal-liquid fuel testing to meet civilian in section 2411(b) of title 38, United States the Armed Forces is provided, before making and military engine standards and markets; Code, or is otherwise ineligible for such in- a formal enlistment in the Armed Forces, and terment or honors under Federal law. precise and detailed information on the pe- (8) any roles other Federal agencies, State (2) DEPARTMENT OF VETERANS AFFAIRS.— riod or periods of service to which such indi- governments, and international entities The Secretary of Veterans Affairs shall pre- vidual may be obligated by reason of enlist- could play in developing a coal-to-liquid fuel scribe regulations to ensure that a person is ment in the Armed Forces, including any re- industry. not interred in any cemetery in the National visions to Department of Defense Form 4/1. Cemetery System unless a good faith effort RAIG (2) ELEMENTS.—The report under paragraph SA 2562. Mr. WARNER (for Mr. C has been made to determine whether such (1) shall include— (for himself, Mr. ROBERTS, Mr. person is described in section 2411(b) of title (A) a description of how the Department BROWNBACK, Ms. MIKULSKI, Mr. WAR- 38, United States Code, or is otherwise ineli- informs enlistees in the Armed Forces on— NER, and Mr. SALAZAR)) proposed an gible for such interment under Federal law.

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.074 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12865 (e) SAVINGS PROVISION.—The amendments fiscal year 2006 for military activities section (b)(1) of this section, is further made by subsections (a), (b), and (c) shall not of the Department of Defense, for mili- amended in the flush matter following para- apply to any person whose sentence for a tary construction, and for defense ac- graph (4) by striking ‘‘benefit or use of the Federal capital crime or a State capital tivities of the Department of Energy, designated institution or organization’’ and crime (as such terms are defined in section inserting ‘‘purposes specified in subsection 2411(d) of title 38, United States Code) was to prescribe personnel strengths for (a)’’. commuted by the President or the Governor such fiscal year for the Armed Forces, (d) GAO AUDITS.—Such section is further of a State. and for other purposes; as follows: amended by adding at the end the following At the end of subtitle C of title III, add the new subsection: SA 2563. Mr. WARNER (for Mr. FEIN- following: ‘‘(f) The Comptroller General of the United States shall make periodic audits of real or GOLD) proposed an amendment to the SEC. ll. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF THE DE- personal property accepted under subsection bill S. 1042, to authorize appropriations (a) at such intervals as the Comptroller Gen- for fiscal year 2006 for military activi- PARTMENT OF DEFENSE. (a) RESTATEMENT AND EXPANSION OF CUR- eral determines to be warranted. The Comp- ties of the Department of Defense, for RENT AUTHORITY.—Subsection (a) of section troller General shall submit to Congress a military construction, and for defense 2601 of title 10, United States Code, is amend- report on the results of each such audit.’’. activities of the Department of Energy, ed to read as follows: to prescribe personnel strengths for ‘‘(a)(1) Subject to subsection (b), the Sec- SA 2565. Mr. WARNER (for Mr. such fiscal year for the Armed Forces, retary concerned may accept, hold, admin- MCCAIN) proposed an amendment to and for other purposes; as follows: ister, and spend any gift, devise, or bequest the bill S. 1042, to authorize appropria- of real or personal property made on the con- tions for fiscal year 2006 for military At the end of subtitle D of title X, add the dition that it be used for the benefit, or in following: activities of the Department of De- connection with, the establishment, oper- fense, for military construction, and SEC. ll. ANNUAL REPORTS ON BUDGETING RE- ation, or maintenance of a school, hospital, LATING TO KEY MILITARY EQUIP- for defense activities of the Depart- library, museum, cemetery, or other institu- MENT. ment of Energy, to prescribe personnel tion or organization under the jurisdiction of (a) IN GENERAL.—Chapter 9 of title 10, such Secretary. strengths for such fiscal year for the United States Code, is amended by adding at ‘‘(2)(A) Subject to subsection (b), the Sec- Armed Forces, and for other purposes; the end the following new section: retary concerned may accept, hold, admin- as follows: ‘‘§ 234. Budgeting for key military equipment: ister, and spend any gift, devise, or bequest At the end of subtitle D of title V, add the annual reports of real or personal property made on the con- following: ‘‘(a) ANNUAL REPORT REQUIRED.—The Sec- dition that it be used for the benefit of mem- SEC. ll. SENSE OF SENATE ON APPLICABILITY retary of Defense shall submit to Congress bers of the armed forces or civilian employ- OF UNIFORM CODE OF MILITARY each year, at or about the time that the ees of United States Government, or the de- JUSTICE TO RESERVES ON INAC- budget of the President is submitted to Con- pendents or survivors of such members or TIVE-DUTY TRAINING OVERSEAS. gress that year under section 1105(a) of title employees, who are wounded or killed while It is the sense of the Senate that— 31, a report on the budgeting of the Depart- serving in Operation Iraqi Freedom, Oper- (1) there should be no ambiguity about the ment of Defense for key military equipment. ation Enduring Freedom, or any other mili- applicability of the Uniform Code of Military ‘‘(b) REPORT ELEMENTS.—The report retary operation or activity, or geographic Justice (UCMJ) to members of the reserve quired by subsection (a) for a year shall set area, designated by the Secretary of Defense components of the Armed Forces while serv- forth the following: for purposes of this section. ing overseas under inactive-duty training ‘‘(1) A description of the current strategies ‘‘(B) The Secretary of Defense shall pre- (IDT) orders for any period of time under of the Department of Defense for sustaining scribe regulations specifying the conditions such orders; and key military equipment, and for any mod- that may be attached to a gift, devise, or be- (2) the Secretary of Defense should— ernization that will be required of such quest accepted under this paragraph. (A) take action, not later than February 1, equipment. ‘‘(C) The authority to accept gifts, devises, 2006, to clarify jurisdictional issues relating ‘‘(2) A description of the amounts required or bequests under this paragraph shall expire to such applicability under section 802 of for the Department for the fiscal year begin- on December 31, 2007. title 10, United States Code (article 2 of the ning in such year in order to fully fund the ‘‘(3) The Secretary concerned may pay all Uniform Code of Military Justice); and strategies described in paragraph (1). necessary expenses in connection with the (B) if necessary, submit to Congress a pro- ‘‘(3) A description of the amounts re- conveyance or transfer of a gift, devise, or posal for legislative action to ensure the ap- quested for the Department for such fiscal bequest made under this subsection.’’. plicability of the Uniform Code of Military year in order to fully fund such strategies. (b) SCOPE OF AUTHORITY TO USE ACCEPTED Justice to members of the reserve compo- ‘‘(4) A description of the risks, if any, of PROPERTY.—Such section is further amend- nents of the Armed Forces while serving failing to fund such strategies in the ed— overseas under inactive-duty training orders. amounts required to fully fund such strate- (1) by redesignating subsections (b), (c) and gies (as specified in paragraph (2)). (d) as subsections (c), (d), and (e), respec- SA 2568. Mr. WARNER (for Mr. ‘‘(5) A description of the actions being tively; and MCCONNELL) proposed an amendment taken by the Department of Defense to miti- (2) by inserting after subsection (a) the fol- to the bill S. 1042, to authorize appro- gate the risks described in paragraph (4). lowing new subsection (b): priations for fiscal year 2006 for mili- ‘‘(c) KEY MILITARY EQUIPMENT DEFINED.— ‘‘(b)(1) Except as provided in paragraph (2), tary activities of the Department of In this section, the term ‘key military equip- property accepted under subsection (a) may Defense, for military construction, and ment’— be used by the Secretary concerned without further specific authorization in law. for defense activities of the Depart- ‘‘(1) means— ment of Energy, to prescribe personnel ‘‘(A) major weapons systems that are es- ‘‘(2) Property accepted under subsection (a) sential to accomplishing the national de- may not be used— strengths for such fiscal year for the fense strategy; and ‘‘(A) if the use of such property in connec- Armed Forces, and for other purposes; ‘‘(B) other military equipment, such as tion with any program, project, or activity as follows: major command, communications, computer would result in the violation of any prohibi- At the end of subtitle C of title III, add the intelligence, surveillance, and reconnais- tion or limitation otherwise applicable to following: such program, project, or activity; sance (C4ISR) equipment and systems de- SEC. ll. COMMEMORATION OF SUCCESS OF THE signed to prevent fratricide, that is critical ‘‘(B) if the conditions attached to such ARMED FORCES IN OPERATION EN- to the readiness of military units; and property are inconsistent with applicable DURING FREEDOM AND OPERATION ‘‘(2) includes equipment reviewed in the re- law or regulations; IRAQI FREEDOM. port of the Comptroller General of the ‘‘(C) if the use of such property would re- (a) FINDING.—Congress finds that it is both United States numbered GAO–06–141.’’. flect unfavorably on ability of the Depart- right and appropriate that, upon their return (b) CLERICAL AMENDMENT.—The table of ment of Defense, any employee of the De- from Operation Enduring Freedom in Af- sections at the beginning of such chapter is partment, or any member of the armed ghanistan and Operation Iraqi Freedom in amended by adding at the end the following forces to carry out any responsibility or Iraq, all soldiers, sailors, marines, and air- new item: duty of the Department in a fair and objec- men in the Armed Forces who served in tive manner; or those operations be honored and recognized ‘‘234. Budgeting for key military equipment: ‘‘(D) if the use of such property would com- for their achievements, with appropriate annual reports.’’. promise the integrity or appearance of integ- ceremonies, activities, and awards com- rity of any program of the Department of memorating their sacrifice and service to Mr. WARNER (for Mr. MAR- SA 2564. Defense, or any individual involved in such a the United States and the cause of freedom TINEZ (for himself and Mr. WARNER)) program.’’. in the Global War on Terrorism. proposed an amendment to the bill S. (c) CONFORMING AMENDMENT.—Subsection (b) CELEBRATION HONORING MILITARY EF- 1042, to authorize appropriations for (c) of such section, as redesignated by sub- FORTS IN OPERATION ENDURING FREEDOM AND

VerDate Aug 31 2005 04:16 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.074 S15NOPT1 S12866 CONGRESSIONAL RECORD — SENATE November 15, 2005

OPERATION IRAQI FREEDOM.—The President (1) by inserting ‘‘(a) MEMBERS.—’’ before may, at the sole discretion of the President— ‘‘The members’’; and (1) designate a day of celebration to honor Fort Knox ...... $4,600,000 (2) by adding at the end the following new the soldiers, sailors, marines, and airmen of subsection: the Armed Forces who have served in Oper- On page 311, in the table preceding line 1, ‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT ation Enduring Freedom or Operation Iraqi strike the amount identified as the total in CHIEFS OF STAFF AT MEETINGS.—The Chair- Freedom and have returned to the United the amount column and insert man of the Joint Chiefs of Staff (or, in the States; and ‘‘$1,199,722,000’’. absence of the Chairman, the Vice Chairman (2) issue a proclamation calling on the peo- of the Joint Chiefs of Staff) may, in the role ple of the United States to observe that day On page 317, between lines 3 and 4, insert with appropriate ceremonies and activities. the following: of the Chairman of the Joint Chiefs of Staff SEC. 2105. CONSTRUCTION OF BATTALION DIN- as principal military adviser to the Home- (c) PARTICIPATION OF ARMED FORCES IN ING FACILITIES, FORT KNOX, KEN- land Security Council and subject to the di- CELEBRATION.— TUCKY. rection of the President, attend and partici- (1) PARTICIPATION AUTHORIZED.—Members (a) AUTHORIZATION OF APPROPRIATIONS.— pate in meetings of the Homeland Security and units of the Armed Forces may partici- The amount authorized to be appropriated Council.’’. pate in activities associated with the day of by section 2104(a) for military construction, celebration designated under subsection (b) land acquisition, and military family hous- that are held in Washington, District of Co- ing functions of the Department of the Army SA 2569. Mr. WARNER (for Mr. lumbia. and the amount of such funds authorized by SALAZAR) proposed an amendment to (2) AVAILABILITY OF FUNDS.—Subject to paragraph (1) of such subsection for military paragraph (4), amounts authorized to be ap- the bill S. 1042, to authorize appropria- construction projects inside the United propriated for the Department of Defense tions for fiscal year 2006 for military States are each hereby decreased by may be used to cover costs associated with activities of the Department of De- $3,600,000. the participation of members and units of fense, for military construction, and (b) USE OF FUNDS.—Of the amount author- the Armed Forces in the activities described ized to be appropriated by section 2104(a)(1) for defense activities of the Depart- in paragraph (1). for the Department of the Army and avail- ment of Energy, to prescribe personnel (3) ACCEPTANCE OF PRIVATE CONTRIBU- able for military construction at Fort Knox, TIONS.—(A) Notwithstanding any other provi- strengths for such fiscal year for the sion of law, the Secretary of Defense may ac- Kentucky, $4,600,000 is available for the con- Armed Forces, and for other purposes; cept cash contributions from private individ- struction of battalion dining facilities at as follows: uals and entities for the purposes of covering Fort Knox. the costs of the participation of members On page 286, between lines 7 and 8, insert and units of the Armed Forces in the activi- SA 2568. Mr. WARNER (for Mr. the following: EVIN ties described in paragraph (1). Amounts so L ) proposed an amendment to the SEC. 1073. SENSE OF SENATE ON COMMON RE- accepted shall be deposited in an account es- bill S. 1042, to authorize appropriations MOTELY OPERATED WEAPONS STA- tablished for purposes of this paragraph. for fiscal year 2006 for military activi- TION (CROWS) PLATFORM. (B) Amounts accepted under subparagraph ties of the Department of Defense, for (a) FINDINGS.—The Senate makes the fol- (A) may be used for the purposes described in military construction, and for defense that subparagraph until expended. lowing findings: (4) LIMITATION.—The total amount of funds activities of the Department of Energy, (1) With only a few systems deployed, the described in paragraph (2) that are available to prescribe personnel strengths for Common Remotely Operated Weapons Sta- for the purpose set forth in that paragraph such fiscal year for the Armed Forces, tion (CROWS) platform is already saving the may not exceed the amount equal to— and for other purposes; as follows: lives of soldiers today in Iraq by moving sol- (A) $20,000,000, minus diers out of the exposed gunner’s seat and At the end of subtitle A of title IX, add the into the protective shell of an up-armored (B) the amount of any cash contributions following: accepted by the Secretary under paragraph Humvee. (3). SEC. ll. RESPONSIBILITY OF THE JOINT CHIEFS (2) The Common Remotely Operated Weap- OF STAFF AS MILITARY ADVISERS ons Station platform dramatically improves (d) AWARD OF RECOGNITION ITEMS.— TO THE HOMELAND SECURITY battlefield awareness by providing a laser (1) AUTHORITY TO AWARD.—Under regula- COUNCIL. rangefinder, night vision, telescopic vision, a tions prescribed by the Secretary of Defense, (a) RESPONSIBILITY AS MILITARY ADVIS- fire control computer that allows on-the- appropriate recognition items may be award- ERS.— move target acquisition, and one-shot one- ed to any individual who served honorably as (1) IN GENERAL.—Subsection (b) of section kill accuracy at the maximum range of a a member of the Armed Forces in Operation 151 of title 10, United States Code, is amend- weapon. Enduring Freedom or Operation Iraqi Free- ed— (3) As they become available, new tech- dom during the Global War on Terrorism. (A) in paragraph (1), by inserting ‘‘the nologies can be incorporated into the Com- The purpose of the award of such items is to Homeland Security Council,’’ after ‘‘the Na- mon Remotely Operated Weapons Station recognize the contribution of such individ- tional Security Council,’’; and platform, thus making the platform scalable. uals to the success of the United States in (B) in paragraph (2), by inserting ‘‘the (4) The Army has indicated that an addi- those operations. Homeland Security Council,’’ after ‘‘the Na- tional $206,000,000 will be required in fiscal (2) RECOGNITION ITEMS DEFINED.—In this tional Security Council,’’. year 2006 to procure 750 Common Remotely subsection, the term ‘‘recognition items’’ (2) CONSULTATION BY CHAIRMAN.—Sub- Operated Weapons Station units for the means recognition items authorized for pres- section (c)(2) of such section is amended by Armed Forces, and to prepare for future pro- entation under section 2261 of title 10, United inserting ‘‘the Homeland Security Council,’’ duction of such weapons stations. States Code (as amended by section 593(a) of after ‘‘the National Security Council,’’ both this Act). places it appears. (b) SENSE OF SENATE.—It is the sense of the (3) ADVICE AND OPINIONS OF MEMBERS OTHER Senate that the President should include in THAN CHAIRMAN.—Subsection (d) of such sec- the next request submitted to Congress for SA 2567. Mr. WARNER (for Mr. tion is amended— supplemental funding for military operations in Iraq and Afghanistan sufficient MCCONNELL) proposed an amendment (A) in paragraph (1), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the Na- funds for the production in fiscal year 2006 of to the bill S. 1042, to authorize appro- tional Security Council,’’ both places it ap- a number of Common Remotely Operated priations for fiscal year 2006 for mili- pears; and Weapons Station units that is adequate to tary activities of the Department of (B) in paragraph (2), by inserting ‘‘the meet the requirements of the Armed Forces. Defense, for military construction, and Homeland Security Council,’’ after ‘‘the Na- for defense activities of the Depart- tional Security Council,’’. (4) ADVICE ON REQUEST.—Subsection (e) of SA 2570. Mr. WARNER proposed an ment of Energy, to prescribe personnel such section is amended by inserting ‘‘the amendment to the bill S. 1042, to au- strengths for such fiscal year for the Homeland Security Council,’’ after ‘‘the Na- thorize appropriations for fiscal year Armed Forces, and for other purposes; tional Security Council,’’ both places it ap- 2006 for military activities of the De- as follows: pears. (b) ATTENDANCE AT MEETING OF HOMELAND partment of Defense, for military con- On page 310, in the table following line 16, SECURITY COUNCIL.—Section 903 of the Home- struction, and for defense activities of insert after the item relating to Fort Camp- land Security Act of 2002 (6 U.S.C. 493) is the Department of Energy, to prescribe bell, Kentucky, the following: amended— personnel strengths for such fiscal year

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.075 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12867 for the Armed Forces, and for other (b) VETERANS PREFERENCE ELIGIBILITY.— shall be subject to all other laws and regula- purposes; as follows: Section 2108(1) of title 5, United States Code, tions applicable to contracting for public At the end of subtitle C of title III, add the is amended by striking ‘‘separated from’’ and utility services. following: inserting ‘‘discharged or released from active duty in’’. SA 2575. Mr. WARNER (for himself SEC. ll. INCLUSION OF PACKET BASED TELEPH- (c) SAVINGS PROVISION.—Nothing in the ONY IN DEPARTMENT OF DEFENSE and Mr. MCCAIN) proposed an amend- amendment made by subsection (b) may be TELECOMMUNICATIONS BENEFIT. ment to the bill S. 1042, to authorize construed to affect a determination made be- (a) INCLUSION IN BENEFIT.—Subsection (a) appropriations for fiscal year 2006 for fore the date of enactment of this Act that of section 344 of the National Defense Au- military activities of the Department thorization Act for Fiscal Year 2004 (Public an individual is preference eligible (as defined in section 2108(3) of title 5, United of Defense, for military construction, Law 108-136; 117 Stat. 1448) is amended by in- and for defense activities of the De- serting ‘‘packet based telephony service,’’ States Code). partment of Energy, to prescribe per- after ‘‘prepaid phone cards,’’. SA 2573. Mr. WARNER (for Mr. (b) INCLUSION OF INTERNET TELEPHONY IN sonnel strengths for such fiscal year E INE DEPLOYMENT OF ADDITIONAL TELEPHONE D W ) proposed an amendment to for the Armed Forces, and for other EQUIPMENT.—Subsection (e) of such section the bill S. 1042, to authorize appropria- purposes; as follows: tions for fiscal year 2006 for military is amended— At the end of subtitle E of title VIII, add (1) by inserting ‘‘or Internet service’’ after activities of the Department of De- the following: ‘‘additional telephones’’; fense, for military construction, and SEC. ll. EXTENSION OF ANNUAL REPORTS ON (2) by inserting ‘‘or packet based teleph- for defense activities of the Depart- MATURITY OF TECHNOLOGY AT INI- ony’’ after ‘‘to facilitate telephone’’; and ment of Energy, to prescribe personnel TIATION OF MAJOR DEFENSE ACQUI- (3) by inserting ‘‘or Internet access’’ after strengths for such fiscal year for the SITION PROGRAMS. ‘‘installation of telephones’’. Section 804(a) of the National Defense Au- (c) CONFORMING AMENDMENTS.—Such sec- Armed Forces, and for other purposes; as follows: thorization Act for Fiscal Year 2002 (Public tion is further amended— Law 107–107; 115 Stat. 1180) is amended by (1) in the subsection caption of subsection At the end of subtitle B of title VII, add striking ‘‘through 2006’’ and inserting (a), by striking ‘‘PREPAID PHONE CARDS’’ and the following: ‘‘through 2010’’. inserting ‘‘BENEFIT’’; and SEC. 718. STUDY AND REPORT ON CIVILIAN AND (2) in the subsection caption of subsection MILITARY PARTNERSHIP PROJECT. SA 2576. Mr. WARNER (for Mr. BYRD) (e), by inserting ‘‘OR INTERNET ACCESS’’ after (a) STUDY.—The Secretary of Defense shall proposed an amendment to the bill S. ‘‘TELEPHONE EQUIPMENT’’. conduct a study on the feasibility of conducting a military and civilian partnership 1042, to authorize appropriations for SA 2571. Mr. WARNER (for Ms. COL- project to permit employees of the Depart- fiscal year 2006 for military activities LINS) (for herself and Ms. SNOWE)) pro- ment of Defense and of a non-profit health of the Department of Defense, for mili- posed an amendment to the bill S. 1042, care entity to jointly staff and provide tary construction, and for defense ac- to authorize appropriations for fiscal health care services to military personnel tivities of the Department of Energy, and civilians at a Department of Defense year 2006 for military activities of the to prescribe personnel strengths for military treatment facility. such fiscal year for the Armed Forces, Department of Defense, for military (b) REPORT.—Not later than December 31, construction, and for defense activities 2006, the Secretary of Defense shall submit and for other purposes; as follows: of the Department of Energy, to pre- to the Committee on Armed Services of the On page 337, between lines 4 and 5, insert scribe personnel strengths for such fis- Senate and the Committee on Armed Serv- the following: cal year for the Armed Forces, and for ices of the House of Representatives a report SEC. 2602. NATIONAL GUARD CONSTRUCTION other purposes; as follows: on the study required by subsection (a). PROJECTS. (a) ARMY NATIONAL GUARD AT CAMP DAW- At the end of subtitle A of title VIII, add SA 2574. Mr. WARNER (for Ms. SON, WEST VIRGINIA.— the following: SNOWE) proposed an amendment to the (1) AUTHORIZATION OF APPROPRIATIONS.— SEC. ll. SENSE OF SENATE ON APPLICABILITY bill S. 1042, to authorize appropriations The amount authorized to be appropriated OF COMPETITION EXCEPTIONS TO by section 2601(1)(A) for the Department of ELIGIBILITY OF NATIONAL GUARD for fiscal year 2006 for military activi- the Army for the Army National Guard of FOR FINANCIAL ASSISTANCE FOR ties of the Department of Defense, for the United States is hereby increased by PERFORMANCE OF ADDITIONAL DU- military construction, and for defense TIES. $4,500,000. It is the sense of the Senate that the activities of the Department of Energy, (2) USE OF FUNDS.—Of the amount author- amendment made by section 806 of the Ron- to prescribe personnel strengths for ized to be appropriated by section 2601(1)(A) ald W. Reagan National Defense Authoriza- such fiscal year for the Armed Forces, for the Department of the Army for the tion Act for Fiscal Year 2005 (Public Law and for other purposes; as follows: Army National Guard of the United States, 108–375; 118 Stat. 2010) permits the Secretary At the appropriate place in title VIII, in- as increased by paragraph (1), $4,500,000 is of Defense to provide financial assistance to sert: available for the construction of a readiness the Army National Guard for the perform- SEC. ll Contracting Incentive for Small center at Camp Dawson, West Virginia. ance of additional duties specified in section Power Plants on Former Military Bases. (3) OFFSET.—The amount authorized to be 113(a) of title 32, United States Code, without (A) AUTHORIZATION.—Notwithstanding the appropriated by section 2601(3)(A) for the De- the use of competitive procedures under the limitation in Section 501(b)(1)(B) of title 40, partment of the Air Force for the Air Na- standard exceptions to the use of such proce- United States Code, the Administrator of the tional Guard of the United States, and avail- dures in accordance with section 2304(c) of General Services Administration is author- able for the construction of a bridge/gate title 10, United States Code. ized to contract for public utility services for house/force protection entry project at Camp a period of not more than 20 years, provided Yeager, West Virginia, is hereby decreased SA 2572. Mr. WARNER (for Mr. DUR- that such services are electricity services by $4,500,000. BIN) (for himself, Mr. VITTER, Mr. procured from a small power plant located (b) AIR NATIONAL GUARD AT EASTERN WEST WYDEN, Mr. DAYTON, Ms. LANDRIEU, Mr. on a qualified HUBZone base closure area. VIRGINIA REGIONAL AIRPORT.—Of the amount (B) DEFINITION OF SMALL POWER PLANT.—In CHAMBLISS, Mr. ISAKSON, and Mr. SCHU- authorized to be appropriated by section this section, the term small power plant in- 2603(3)(A) for the Department of the Air MER)) proposed an amendment to the cludes any power facility or project with Force for the Air National Guard of the bill S. 1042, to authorize appropriations electrical output of not more than 60 United States, and otherwise available for for fiscal year 2006 for military activi- Megawatts. the construction of a bridge/gate house/force ties of the Department of Defense, for (C) DEFINITION OF PUBLIC UTILITY ELECTRIC protection entry project at Yeager Air Na- military construction, and for defense SERVICES.—In this section, the term ‘public tional Guard Base, West Virginia, $2,000,000 activities of the Department of Energy, utility services’, with respect to electricity shall be available instead for C-5 aircraft to prescribe personnel strengths for services, includes electricity supplies and shop upgrades at Eastern West Virginia Re- services, including transmission, generation, such fiscal year for the Armed Forces, gional Airport, Shepherd Field, Martinsburg, distribution, and other services directly used West Virginia. and for other purposes; as follows: in providing electricity.’’ At the appropriate place, insert the fol- (D) DEFINITION OF HUBZONE BASE CLOSURE SA 2577. Mr. WARNER proposed an lowing: AREA: In this section, the term ‘‘HUBZone amendment to the bill S. 1042, to au- SEC. ll. VETERANS PREFERENCE ELIGIBILITY base closure area’’ has the same meaning as thorize appropriations for fiscal year FOR MILITARY RESERVISTS. such term is defined in Section 3(P)(4)(D) the (a) SHORT TITLE.—This section may be Small Business Act, 15 USC 632(p)(4)(D). 2006 for military activities of the De- cited as the ‘‘Reservist Access to Veterans (E) APPLICABILITY OF OTHER PROVISIONS OF partment of Defense, for military con- Preference Act’’. LAW.—Contracting pursuant to this section struction, and for defense activities of

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.080 S15NOPT1 S12868 CONGRESSIONAL RECORD — SENATE November 15, 2005 the Department of Energy, to prescribe Congress each report on stability and secu- COMMITTEE ON ENERGY AND NATURAL personnel strengths for such fiscal year rity in Iraq that is submitted to Congress RESOURCES for the Armed Forces, and for other after the date of the enactment of this Act Mr. WARNER. Mr. President, I ask purposes; as follows: under the Joint Explanatory Statement of unanimous consent that the Com- the Committee on Conference to accompany mittee on Energy and Natural Re- At the end of subtitle C of title III, add the the conference report on the bill H.R. 1268 of following: the 109th Congress, the Secretary of Defense sources be authorized to meet during SEC. ll. REPORT ON EFFECTS OF WINDMILL and appropriate personnel of the Central In- the session of the Senate on Tuesday, FARMS ON MILITARY READINESS. telligence Agency shall provide the appro- November 15, at 10 a.m. The purpose of (a) FINDING.—Congress finds that the Min- priate committees of Congress a briefing on this hearing is to evaluate and receive istry of Defence of the United Kingdom has the strategy for the war in Iraq, including a status report on the environmental determined, as a result of a recently con- the measures of evaluation utilized in deter- ducted study of the effect of windmill farms management programs of the Depart- mining the progress made in the execution of ment of Energy. on military readiness, not to permit con- that strategy. struction of windmill farms within 30 kilo- The PRESIDING OFFICER. Without (b) APPROPRIATE COMMITTEES OF CONGRESS meters of military radar installations. objection, it is so ordered. DEFINED.—In this section, the term ‘‘appro- (b) REPORT REQUIRED.—Not later than 180 priate committees of Congress’’ means— COMMITTEE ON FINANCE days after the date of the enactment of this (1) the Committees on Armed Services and Mr. WARNER. Mr. President, I ask Act, the Secretary of Defense shall submit to Appropriations of the Senate; and unanimous consent that the Com- the Committees on Armed Services of the (2) the Committees on Armed Services and Senate and the House of Representatives a mittee on Finance be authorized to Appropriations of the House of Representa- report on the effects of windmill farms on meet in open Executive Session during tives. military readiness, including an assessment the session on Tuesday, November 15, of the effects on the operations of military 2005, at 10 a.m. to consider an original SA 2580. Mr. SANTORUM (for Mr. radar installations of the proximity of wind- bill that will include the Committee’s FRIST) proposed an amendment to the mill farms to such installations and of tech- budget reconciliation instructions per- bill H.R. 1499, To amend the Internal nologies that could mitigate any adverse ef- taining to expiring tax provisions and Revenue Code of 1986 to allow members fects on military operations identified. also additional incentives for hurricane of the Armed Forces serving in a com- affected areas. SA 2578. Mr. WARNER proposed an bat zone to make contributions to The PRESIDING OFFICER. Without amendment to the bill S. 1042, to au- their individual retirement plans even objection, it is so ordered. thorize appropriations for fiscal year if the compensation on which such con- COMMITTEE ON FOREIGN RELATIONS 2006 for military activities of the De- tribution is based is excluded from partment of Defense, for military con- gross income; as follows: Mr. WARNER. Mr. President, I ask struction, and for defense activities of unanimous consent that the Com- On page 3, line 3, change ‘‘December 31, mittee on Foreign Relations be author- the Department of Energy, to prescribe 2004’’ to ‘‘December 31, 2003’’. personnel strengths for such fiscal year ized to meet during the session of the for the Armed Forces, and for other f Senate on Tuesday, November 15, 2005, purposes; as follows: NOTICES OF HEARINGS/MEETINGS at 9:30 a.m. to hold a hearing on Trea- ties. At the end of subtitle B of title XXXI, add COMMITTEE ON INDIAN AFFAIRS the following: The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, I would SEC. ll. REPORT ON ADVANCED TECH- objection, it is so ordered. like to announce that the Committee NOLOGIES FOR NUCLEAR POWER COMMITTEE ON THE JUDICIARY REACTORS IN THE UNITED STATES. on Indian Affairs will meet on Wednes- Mr. WARNER. Mr. President, I ask (a) REPORT REQUIRED.—Not later than six day, November 16, 2005, at 10 a.m. in unanimous consent that the Com- months after the date of the enactment of room 216 of the Hart Senate Office mittee on the Judiciary be authorized this Act, the Secretary of Energy shall sub- Building to conduct an oversight hear- to meet to meet to conduct a hearing mit to Congress a report on advanced tech- ing on the In Re Tribal Lobbying Mat- nologies for nuclear power reactors in the on ‘‘Judicial Nominations’’ on Tues- ters, Et Al. Those wishing additional United States. day, November 15, 2005 at 2:30 p.m. in information may contact the Indian (b) REPORT ELEMENTS.—The report re- the Dirksen Senate Office Building quired by subsection (a) shall include the fol- Affairs Committee at 224–2251. Room 226. lowing: f (1) A description and assessment of tech- Witness List nologies under development for advanced nu- AUTHORITIES FOR COMMITTEES Panel I: Members of Congress. clear power reactors that offer the potential TO MEET for further enhancements of the safety per- Panel II: Virginia Mary Kendall to be formance of nuclear power reactors. COMMITTEE ON BANKING, HOUSING, AND URBAN United States District Judge for the (2) A description and assessment of tech- AFFAIRS Northern District of Illinois; Kristi nologies under development for advanced nu- Mr. WARNER. Mr. President, I ask DuBose to be United States District clear power reactors that offer the potential unanimous consent that the Com- Judge for the Southern District of Ala- for further enhancements of proliferation-re- mittee on Banking, Housing, and bama; W. Keith Watkins to be United sistant nuclear power reactors. Urban Affairs be authorized to meet States District Judge for the Middle (c) FORM OF REPORT.—The information in during the session of the Senate on No- the report required by subsection (a) shall be District of Alabama. presented in manner and format that facili- vember 15, 2005, at 10 a.m. to conduct a The PRESIDING OFFICER. Without tates the dissemination of such information hearing on the nomination of Mr. Ben objection, it is so ordered. to, and the understanding of such informa- S. Bernanke, of New Jersey, to be a SUBCOMMITTEE ON AIRLAND tion by, the general public. member and chairman of the Board of Mr. WARNER. Mr. President, I ask Governors of the Federal Reserve Sys- unanimous consent that the sub- SA 2579. Mr. WARNER (for Mr. BAYH) tem. committee on Airland be authorized to proposed an amendment to the bill S. The PRESIDING OFFICER. Without meet during the session of the Senate 1042, to authorize appropriations for objection, it is so ordered. on November 15, 2005, at 2:30 p.m., in fiscal year 2006 for military activities COMMITTEE ON COMMERCE, SCIENCE, AND open session to receive testimony on of the Department of Defense, for mili- TRANSPORTATION defense acquisition issues related to tary construction, and for defense ac- Mr. WARNER. Mr. President, I ask tactical aviation and army programs. tivities of the Department of Energy, unanimous consent that the Com- The PRESIDING OFFICER. Without to prescribe personnel strengths for mittee on Commerce, Science, and objection, it is so ordered. such fiscal year for the Armed Forces, Transportation be authorized to meet and for other purposes; as follows: SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- on Tuesday November 15, 2005, at 10 AGEMENT, GOVERNMENT INFORMATION, AND At the end of subtitle D of title X, add the a.m., on Public Policy Options for En- INTERNATIONAL SECURITY following: couraging Alternative Automotive Mr. WARNER. Mr. President, I ask SEC. ll. QUARTERLY REPORTS ON WAR STRAT- EGY IN IRAQ. Fuel Technologies. unanimous consent that the Com- (a) QUARTERLY REPORTS.—At the same The PRESIDING OFFICER. Without mittee on Homeland Security and Gov- time the Secretary of Defense submits to objection, it is so ordered. ernmental Affairs’ Subcommittee on

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.082 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12869 Federal Financial Management, Gov- Mr. INHOFE. Mr. President, I ask The preamble was agreed to. ernment Information, and Inter- unanimous consent that Harry Christy The resolution, with its preamble, national Security be authorized to and Bob Lester of the State Foreign reads as follows: meet on Tuesday, November 15, 2005, at Operations and Related Programs Sub- S. RES. 314 3 p.m. for a hearing regarding ‘‘Iran: committee be granted the privilege of Whereas Thanksgiving Day celebrates the Teheran’s Nuclear Recklessness and the floor during considering of the fis- spirit of selfless giving and an appreciation the U.S. Response—The Experts’ Per- cal year 2006 Science, State, Justice, for family and friends; spective.’’ Commerce and related agencies con- Whereas the spirit of Thanksgiving Day is The PRESIDING OFFICER. Without ference report. a virtue upon which our Nation was founded; objection, it is so ordered. The PRESIDING OFFICER. Without Whereas 33,000,000 Americans, including SUBCOMMITTEE ON NATIONAL PARKS objection, it is so ordered. 13,000,000 children, continue to live in house- holds that do not have an adequate supply of Mr. WARNER. Mr. President, I ask Mr. SANTORUM. Mr. President, I unanimous consent that the Sub- food; ask unanimous consent that MAJ Ali- Whereas almost 3,000,000 of those children committee on National Parks of the son Thompson, a Marine fellow in the experience hunger; and Committee on Energy and Natural Re- office of Senator ELIZABETH DOLE, be Whereas selfless sacrifice breeds a genuine sources be authorized to meet during granted the privilege of the floor for spirit of Thanksgiving, both affirming and the session of the Senate on Tuesday, November 16. restoring fundamental principles in our soci- November 15 at 2:30 p.m. The purpose of The PRESIDING OFFICER. Without ety: Now, therefore, be it the hearing is to receive testimony on objection, it is so ordered. Resolved, That the Senate— the following Bills: S. 431, a Bill to es- (1) designates Thursday, November 17, 2005, f tablish a program to award grants to as ‘‘Feed America Thursday’’; and improve and maintain sites honoring UNANIMOUS CONSENT (2) calls upon the people of the United AGREEMENT—S. 1783 States to sacrifice 2 meals on Thursday, No- Presidents of the United States, S. 505, vember 17, 2005, and to donate the money a bill to amend the Yuma Crossing Na- Mr. SANTORUM. Mr. President, I that they would have spent on food to a reli- tional Heritage ARA Act of 2000 to ad- ask unanimous consent that at a time gious or charitable organization of their just the boundary of the Yuma Cross- to be determined by the majority lead- choice for the purpose of feeding the hungry. ing National Heritage Area, S. 1288, a er, after consultation with the Demo- Bill to authorize the Secretary of the cratic leader, the Senate proceed to the f Interior to enter into cooperative immediate consideration of calendar BICENTENNIAL ANNIVERSARY OF agreements to protect natural re- No. 231, S. 1783. I further ask that the sources of units of the National Park ARRIVAL OF LEWIS AND CLARK managers’ substitute at the desk be AT THE PACIFIC OCEAN System through collaborative efforts agreed to as original text for purpose of on land inside and outside of units of further amendment and that the only Mr. SANTORUM. I ask unanimous the National Park System, S. 1544, a other amendments in order be an consent that the Senate proceed to the Bill to establish the Northern Plains amendment offered by Senator ISAKSON immediate consideration of S. Res. 315 National Heritage Area in the State of or his designee on airline pension plans submitted earlier today. North Dakota, and for other purposes, and an amendment to be offered by The PRESIDING OFFICER. The S. Con. Res. 60, a concurrent resolution Senator AKAKA on pilots, the text of clerk will report the resolution by designating the Negro Leagues Base- which is at the desk. I further ask title. ball Museum in Kansas City, Missouri, unanimous consent that general debate The legislative clerk read as follows: as America’s National Negro Leagues on the bill be limited to 2 hours equally A resolution (S. Res. 315) to commemorate Baseball Museum, S. 748 and H.R. 1084, divided, and the debate on the Isakson the bicentennial anniversary of the arrival of Bills to authorize the establishment at and Akaka amendments be limited to Lewis and Clark at the Pacific Ocean. Antietam National Battlefield of a me- 30 minutes equally divided, respec- There being no objection, the Senate morial to the officers and enlisted men tively, and that following the disposi- proceeded to the consideration of the of the Fifth, Sixth, and Ninth New tion of those specified amendments, resolution. Hampshire Volunteer Infantry Regi- the bill, as amended, be read a third Ms. CANTWELL. Mr. President, I ments and the First New Hampshire time, and the Senate proceed to vote rise today in support of a Senate reso- Light Artillery Battery who fought in on passage, with no intervening action lution commemorating the bicenten- the Battle of Antietam on September or debate. nial of Lewis and Clark’s remarkable 17, 1862, and for other purposes, and The PRESIDING OFFICER. Without arrival on the Pacific Coast. I am H.R. 2107, to amend Public Law 104–329 objection, it is so ordered. pleased that Senators MURRAY and to modify authorities for the use of the f WYDEN are original cosponsors of the Notational Law Enforcement Officers resolution. Memorial Maintenance Fund, and for FEED AMERICA THURSDAY Meriwether Lewis and William other purposes. Mr. SANTORUM. Mr. President, I Clark’s epic journey explored and The PRESIDING OFFICER. Without ask unanimous consent that the Sen- charted the western frontier of our objection, it is so ordered. ate proceed to the consideration of S. fledgling Nation. f Res. 314, which was submitted earlier This journey was America’s great od- PRIVILEGES OF THE FLOOR today. yssey. It marked our Nation’s coming Mr. SALAZAR. Mr. President, I ask The PRESIDING OFFICER. The of age and represents its core values: unanimous consent that a member of clerk will report the resolution by courage, innovation, perseverance, and my staff, Velina Wallick, and a science title. opportunity. fellow in my office, John Plumb, be The legislative clerk read as follows: And two centuries ago, they reached granted the privilege of the floor dur- A resolution (S. Res. 314) designating their destination. On Nov. 7 1805, Wil- ing the duration of today’s Senate Thursday, November 17, 2005, as ‘‘Feed Amer- liam Clark wrote in this in his journal: ica Thursday.’’ business. Great joy in camp, we are in View of the The ACTING PRESIDENT pro tem- There being no objection, the Senate Ocean, this great Pacific Ocean which we pore. Without objection, it is so or- proceeded to consider the resolution. been so long anxious to See and the roaring dered. Mr. SANTORUM. Mr. President, I or noise made by the waves breaking on the Ms. MIKULSKI. Mr. President, I ask ask unanimous consent that the reso- rocky Shores may be heard distinctly. unanimous consent that Chris lution be agreed to, the preamble be It’s no wonder he was so excited. Crawford of the Appropriations Com- agreed to, and the motion to reconsider Their expedition began a year and half mittee staff be granted the privilege of be laid upon the table. earlier and 4,000 meandering miles east. the floor during consideration of H.R. The PRESIDING OFFICER. Without President Thomas Jefferson had 2862. objection, it is so ordered. charged them with finding the most di- The PRESIDING OFFICER. Without The resolution (S. Res. 314) was rect, practical water route across the objection, it is so ordered. agreed to. continent.

VerDate Aug 31 2005 03:58 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.095 S15NOPT1 S12870 CONGRESSIONAL RECORD — SENATE November 15, 2005 When Clark wrote that they had seen We would be wise to turn to Lewis odyssey of America, symbolic of the core the Pacific on that day, 200 years ago, and Clark again, as we confront so values of teamwork, courage, perseverance, he was slightly off target. They were many critical challenges before us science, and opportunity held by the United actually 25 miles away, in the Colum- today. States; Whereas, on October 30, 2004, President bia’s widening estuary. Only by truly reaching beyond our George W. Bush signed into law legislation Dangerous storms, wind, rain, and grasp, can we make our Nation great, creating the Lewis and Clark National His- waves battered them without relent. as Thomas Jefferson said: ‘‘from Sea to torical Park which preserves these 3 Wash- They were trapped for 6 days and Shining Sea.’’ ington State sites integral to the dramatic forced to hunker down at the spot we I yield the floor. arrival of the expedition at the Pacific now call Clark’s Dismal Nitch. Mr. SANTORUM. I ask unanimous Ocean, and incorporates Fort Clatsop of Or- When the weather finally cleared, consent that the resolution be agreed egon and important State parks for the ben- they moved west to Station Camp. to, the preamble be agreed to, the mo- efit and education of generations to come; and They set down for ten days and got tion to reconsider be laid upon the Whereas, during November 2005, Wash- their first real glimpse of the Pacific. table, and any statements relating ington and Oregon are hosting, ‘‘Destination: Expedition-member Sgt. Patrick thereto be printed in the RECORD, with- The Pacific’’, a unique commemoration of Gass wrote: ‘‘We could see the waves, out intervening action or debate. the 200 year anniversary of the arrival of the like small mountains, rolling out in The PRESIDING OFFICER. Without Corps of Discovery in the Pacific Northwest: the ocean.’’ objection, it is so ordered. Now, therefore, be it Station Camp also marks the spot The resolution (S. Res. 315) was Resolved, That the Senate— where Lewis and Clark held a historic agreed to. (1) commemorates the bicentennial anniversary of the arrival of Lewis and Clark at democratic vote among all of the The preamble was agreed to. the Pacific Ocean; and group’s members—including The resolution, with its preamble, (2) recognizes that by exploring the un- Sacagawea and the African American reads as follows: known frontier, Lewis and Clark expanded slave, York—to determine where the S. RES. 315 the boundaries of our great Nation and expedition should stay for the winter. Whereas, on January 18, 1803, President pushed the limits of what we are capable of On November 19, William Clark took Thomas Jefferson began an extraordinary as citizens. 11 expedition members from Station journey by sending a secret message to Con- f Camp on an excursion beyond camp, gress requesting approval and funding to es- RECOGNIZING THE 40TH ANNIVER- and for the first time saw a full view of tablish the ‘‘Corps of Volunteers for North- west Discovery’’ to explore the most direct SARY OF THE WHITE HOUSE the Pacific Ocean. FELLOWS PROGRAM That land, now called Cape Dis- and practical water route across the con- appointment, marks the westernmost tinent of the United States all the way to Mr. SANTORUM. Mr. President, I the Pacific Ocean; point of their journey. Its name belies ask unanimous consent that the Judi- Whereas, on May 14, 1804, the journey up ciary Committee be discharged from the great hope and joy that moment in- the Missouri River and across the vast and spired in our travel-worn heroes. newly acquired Louisiana Territory began at further consideration and the Senate Today, in Washington State, you can Camp Dubois, Illinois, led by Captain now proceed to H. Con. Res. 269. visit these historic locations and find Meriwether Lewis and Second Lieutenant The PRESIDING OFFICER. Without that hope again. Dismal Nitch, Station William Clark; objection, it is so ordered. The clerk Camp, Cape Disappointment: In addi- Whereas after a long year and a half and will report the concurrent resolution tion to Oregon’s Fort Clatsop and other 4,133 arduous miles, the expedition endured a by title. dangerous storm of wind, rain, and waves for nearby state parks, they comprise The legislative clerk read as follows: 6 days at Clark’s Dismal Nitch; A concurrent resolution (H. Con. Res. 269) America’s newest national park. Whereas, on November 13, 1805, the Corps of I introduced legislation with Rep- recognizing the 40th anniversary of the Discovery moved further west to Station White House Fellows Program. resentative BRIAN BAIRD to create the Camp and beheld their first comprehensive Lewis and Clark National Historic view of the Pacific Ocean, and thereby began There being no objection, the Senate Park: to preserve those beautiful and the realization of the vision of President Jef- proceeded to consider the concurrent precious lands, to build local tourism, ferson of a country ‘‘from sea to shining resolution. Mr. SANTORUM. I ask unanimous and to educate future generations. sea’’; Last November, President Bush Whereas Station Camp also marks the oc- consent that the resolution be agreed currence of a historical democratic vote to signed it into law. This November, we to, the preamble be agreed to, and the determine where to stay for winter that in- motion to reconsider be laid upon the celebrate an incredible bicentennial. cluded all members of the expedition, includ- Lewis and Clark produced the first table. ing Sacagawea, an Indian woman, and York, The PRESIDING OFFICER. Without maps and charts of a previously unan African American slave; objection, it is so ordered. documented region. Whereas, on November 19, 1805, Clark and The concurrent resolution (H. Con. They created an invaluable record of 11 of his men set out on an ocean excursion, hiking 25 miles to Cape Disappointment to Res. 269) was agreed to. the native cultures, the flora, and the The preamble was agreed to. fauna they encountered on their jour- get a complete view of the Pacific Ocean and reach the furthest western point of the expe- f ney. dition; Prior to the expedition, the United Whereas the expedition built their winter BICENTENNIAL ANNIVERSARY OF States’ claim to the Pacific Northwest, camp on the south side of the Columbia ZEBULON MONTGOMERY PIKE’S was tenuous at best, based on Amer- River at Fort Clatsop, Oregon, named in EXPLORATIONS ican sea captain Robert Gray’s dis- honor of the friendly local Clatsop Indians, Mr. SANTORUM. I ask unanimous covery of the Columbia River in 1792. and the 33 member party spent 106 days consent that the Judiciary Committee among lush old-growth forest, wetlands, and And so: Lewis and Clark’s expedition, be discharged from further consider- more than a decade later, was crucial wildlife preparing for their long journey back to St. Louis, Missouri; ation of S. Res. 252 and that the Senate to securing the claim. It was crucial to Whereas Lewis and Clark’s Corps of Dis- then proceed to its consideration. the eventual creation of all the States covery produced detailed journals with maps, The PRESIDING OFFICER. Without in the Pacific Northwest. charts, samples, and descriptions of the pre- objection, it is so ordered. The clerk More fundamentally though: their viously undocumented western geography, will report the resolution by title. task was to explore the unknown. In climate, plants, animals, and native cultures The legislative clerk read as follows: doing so, they expanded the boundaries from which the Nation continues to benefit A resolution (S. Res. 252) recognizing the of our Nation and pushed the limits of today; Bicentennial Anniversary of Zebulon Mont- what we were capable, as a people. Whereas the Lewis and Clark Expedition gomery Pike’s explorations in the interior It was not easy for them; it rarely is. marks a significant benchmark in American west of the United States. history and a crucial step in securing the But many have come after Lewis and claim and the eventual creation of all the There being no objection, the Senate Clark. Inspired by their spirit, we have States in the Pacific Northwest; proceeded to consider the resolution. transformed our great Nation many Whereas the exploration of the western Mr. SANTORUM. I ask unanimous times over in those 200 years. frontier of our fledgling Nation was the great consent that the resolution be agreed

VerDate Aug 31 2005 02:42 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A15NO6.078 S15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — SENATE S12871 to, the preamble be agreed to, the mo- (2) encourages the people of the United ORDERS FOR WEDNESDAY, tion to reconsider be laid upon the States to observe and celebrate his contribu- NOVEMBER 16, 2005 table, and that any statements relating tions to our Nation’s history with appropriate ceremonies and activities throughout Mr. SANTORUM. Mr. President, I thereto be printed in the RECORD, with- the year. ask unanimous consent that when the out further intervening action or de- Senate completes its business today, it bate. f stand in adjournment until 9:30 a.m. on The PRESIDING OFFICER. Without Wednesday, November 16. I further ask objection, it is so ordered. HEROES EARNED RETIREMENT that following the prayer and pledge, The resolution (S. Res. 252) was OPPORTUNITIES ACT agreed to. the morning hour be deemed expired, The preamble was agreed to. Mr. SANTORUM. Mr. President, I the Journal of proceedings be approved The resolution, with its preamble, ask unanimous consent that the Com- to date, the time for the two leaders be reads as follows: mittee on Finance be discharged from reserved, and the Senate proceed to a S. RES. 252 further consideration of H.R. 1499 and period of morning business for up to 60 the Senate proceed to its immediate Whereas Zebulon Montgomery Pike was minutes with the first 30 minutes born January 5, 1779, in Lamberton, New Jer- consideration. under the control of the majority lead- sey, to a military family, which quickly was The PRESIDING OFFICER. Without er or his designee and the final 30 min- on the move across the Nation with Pike objection, it is so ordered. The clerk utes under the control of the Democrat growing up on frontier military posts; will report the bill by title. leader or his designee. I further ask Whereas Zebulon Montgomery Pike served The legislative clerk read as follows: that the Senate then begin consider- the United States with distinction, initially A bill (H.R. 1499) to amend the Internal as a commissioned First Lieutenant in the ation of S. 1783, the pensions bill as Revenue Code of 1986 to allow a deduction to First Infantry Regiment of the United States provided under the unanimous consent. members of the Armed Forces serving in a Army, later as a Captain, further as a Colo- The PRESIDING OFFICER. Without combat zone for contributions to their indi- nel of the 15th Regiment during the War of objection, it is so ordered. vidual retirement plans even if the com- 1812, and ultimately as a Brigadier General pensation on which such contribution is in 1813; based is excluded from gross income, and for f Whereas in July of 1806, Zebulon Mont- other purposes. gomery Pike was given the assignment of PROGRAM leading an expedition west from present-day There being no objection, the Senate St. Louis, Missouri, up the Arkansas River proceeded to consider the bill. Mr. SANTORUM. Today the Senate to its source in the highest of the Rocky Mr. SANTORUM. I ask unanimous unanimously passed the Defense au- Mountains, then into Colorado’s San Luis consent the amendment at the desk be thorization bill. I congratulate Senator Valley; agreed to, the bill, as amended, be read WARNER and Senator LEVIN for this Whereas Zebulon Montgomery Pike and his long, long, long awaited accomplish- expedition traveled through the present day a third time and passed, the motion to states of Missouri, Nebraska, Kansas, and reconsider be laid on the table, and any ment, keeping up the record of the Colorado observing the geography, natural statements be printed in the RECORD. Armed Services Committee in passing history, and population of the country The PRESIDING OFFICER. Without Defense authorization bills on the floor through which he passed; objection, it is so ordered. of the Senate. Whereas Zebulon Montgomery Pike and his The amendment (No. 2580) was agreed Tomorrow the Senate will vote on expedition reached the site of present day to, as follows: the CJS appropriations bill conference Pueblo, Colorado on November 23, 1806, and, report. Under the consent agreement fascinated with a blue peak in the Rocky On page 3, line 3, change ‘‘December 31, Mountains to the west, Pike set out to ex- 2004’’ to ‘‘December 31, 2003’’. just entered, the Senate will begin con- plore the mountain; The bill (H.R. 1499), as amended, was sideration of a very important piece of Whereas Zebulon Montgomery Pike was read the third time and passed. legislation, the pension bill, and com- prevented from completing the ascent due to plete action on that bill during tomor- waist-deep snow, inadequate clothing, and f row’s session. We also expect to begin sub-zero temperatures, and so chose to turn consideration of the tax reconciliation back for the safety of his expedition; MEASURE READ THE FIRST measure, which was reported out of the Whereas Zebulon Montgomery Pike never TIME—S. 2008 set foot on ‘‘Pike’s Peak’’ but did contribute Finance Committee today, during significantly to the interior west’s early ex- Mr. SANTORUM. I understand there Wednesday’s session of the Senate. ploration through the headwaters of the Ar- is a bill at the desk. I ask for its first Rollcall votes will occur throughout kansas River; reading. the day. Whereas Zebulon Montgomery Pike and his The PRESIDING OFFICER. The expedition found the area of present day clerk will report. f Great Sand Dunes National Park in Colorado A bill (S. 2008) to improve cargo security and the headwaters of the Rio Grande, which and for other purposes. ADJOURNMENT UNTIL 9:30 A.M. he mistakenly thought was the Red River; TOMORROW and Mr. SANTORUM. I now ask for a sec- Whereas on April 27, 1813, Zebulon Mont- ond reading and in order to place the Mr. SANTORUM. If there is no fur- gomery Pike died in valiant service to his bill on the calendar under the provi- ther business to come before the Sen- country, leading an attack on York, later to sions of rule XIV, I object to my own ate, I ask unanimous consent the Sen- become Toronto, during the War of 1812: request. ate stand in adjournment under the Now, therefore, be it Resolved, That the Senate— The PRESIDING OFFICER. Objec- previous order. (1) recognizes the year 2006 as the 200th an- tion is heard. The bill will be read the There being no objection, the Senate, niversary of Zebulon Montgomery Pike’s dis- second time on the next legislative at 7:57 p.m., adjourned until Wednes- coveries throughout the American West; and day. day, November 16, 2005, at 9:30 a.m.

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HONORING THE 100TH ANNIVER- to the State of Delaware. Mr. Kee is an exem- Mr. Speaker, Joyce Minard is being honored SARY OF THE FAUQUIER TIMES- plary citizen and a proud Delawarean. Thank by the community she serves and loves. Her DEMOCRAT you Ed, for all you have done for the Univer- dedication and leadership—peppered with her sity of Delaware and your community. irreverent sense of humor—have drawn many HON. FRANK R. WOLF f admirers and helped to establish New Paltz as OF VIRGINIA one of the premier destinations in New York. HONORING JOYCE MINARD IN THE HOUSE OF REPRESENTATIVES Every endeavor that Joyce has pursued has Tuesday, November 15, 2005 been approached with professionalism and HON. MAURICE D. HINCHEY passion and she has built a reputation as an Mr. WOLF. Mr. Speaker, I am proud today OF NEW YORK effective and dedicated advocate. I’m pleased to honor the 100th year anniversary of publi- IN THE HOUSE OF REPRESENTATIVES to join my constituents in honoring Joyce for cation of the Fauquier Times-Democrat. Over her tireless efforts on behalf of New Paltz and Tuesday, November 15, 2005 the years, the Democrat has proudly served its surrounding communities. the people of Fauquier and the Warrenton Mr. HINCHEY. Mr. Speaker, I rise today to f community in Virginia’s 10th Congressional recognize Joyce Minard for her distinguished District. The Democrat has undoubtedly career in public service and the outstanding COMMENDING BOB ANADELL, HAN- carved out a respected place in the family of contributions she has made to the community NAH CHERRY, NANCY KELLY Virginia newspapers. of New Paltz, NY, and the surrounding Hud- AND THE MEMBERS OF THE HIS- I would like to thank the Fauquier Times- son Valley region. Joyce has translated her PANIC WOMEN’S FORUM OF Democrat and members of its staff for their commitment to community service into an ac- NORTHWEST INDIANA tremendous dedication to the people of north- complished career that has been defined by ern Virginia and wish them continued success achievement and success. Her broad exper- HON. PETER J. VISCLOSKY for the future. tise in education, agriculture and business has OF INDIANA f supported many new initiatives and resulted in IN THE HOUSE OF REPRESENTATIVES IN HONOR OF ED KEE significant improvements in the regional business community. Tuesday, November 15, 2005 A high school internship at SUNY New Paltz Mr. VISCLOSKY. Mr. Speaker, it is my dis- HON. MICHAEL N. CASTLE introduced Joyce to the not-for-profit world and tinct honor to commend these dedicated indi- OF DELAWARE influenced her decision to attend Albany Busi- viduals who have made significant contribu- IN THE HOUSE OF REPRESENTATIVES ness College. After stints at SUNY New Paltz, tions to Northwest Indiana: Bob Anadell, Han- Tuesday, November 15, 2005 the Ulster County Farm Bureau and Ulster nah Cherry, Nancy Kelly, and the members of Mr. CASTLE. Mr. Speaker, it is with great County BOCES, where she broadened her vi- the Hispanic Women’s Forum of Northwest In- pleasure that I rise today to pay tribute to Ed sion and honed her skills as an educator, ad- diana. These individuals will be honored by Kee, recipient of the 2005 Ratledge Family vocate and leader, Joyce found her true home the Calumet Project at an awards luncheon for Award, for his noteworthy service to the Uni- at the New Paltz Regional Chamber of Com- their dedication to justice and to the people of versity of Delaware and the community. The merce. Northwest Indiana. The event will take place Ratledge Family Award is given only to those Beginning on a part-time basis, while raising at the Social Hall of Our Lady of Perpetual unique individuals who exemplify excellence in her two children, Joyce quickly rose to the po- Help Parish in Hammond, Indiana on Friday, public service, and Ed Kee is deserving of this sition of executive director in 1978. Under her November 18, 2005. coveted award. leadership, the Chamber has grown from 47 The Calumet Community Hero Award is Mr. Kee has served in a variety of positions members in 1979 to more than 800, out- being presented to Mr. Bob Anadell. Bob has within the University of Delaware’s Coopera- growing one office space after another. Draw- had many positive accomplishments through- tive Extension Service since 1978. He has ing on her considerable personal attributes, out his career with I.B.E.W. Local 697; he has held the position of Kent County Agricultural Joyce built a chamber that is veritably bursting also actively contributed to his community Agent, State Vegetable Crops Specialist and with accomplishments. The New Paltz Re- through participation in various programs Extension Agricultural Program Leader. In his gional Chamber of today employs a team of aimed at improving opportunities for the peo- extensive work throughout Delaware’s valu- five, holds numerous events, offers extensive ple of Northwest Indiana. He has been a pow- able agriculture industry, Mr. Kee has played education programs, including customized erful member of the Northwest Indiana Build- an instrumental role in recruiting two major workshops for small business owners, runs a ing Trades, Secretary Treasurer of the IBEW vegetable processing plants to the State—in busy visitors room, and publishes a newsletter State Conference, Vice-President of the Indi- the highly competitive vegetable industry this and full-color regional guide. Together with ana State AFL–CIO, Trustee of the Lake Area is a noteworthy victory for area producers and other regional chambers, Joyce developed a United Way, Board of Directors of Trade Mr. Kee. Business Mentoring Program for Dutchess and Winds, Member of the Lake County Integrated Mr. Kee contributions go well beyond agri- Ulster Counties, matching emerging busi- Services Delivery Board, Chairman of the culture, thanks in part to his many and varied nesses with experienced businesspersons. Board of Directors, Investment Committee, community board and commission appoint- As an accomplished mediator and con- and Executive Committee of the Legacy Foun- ments and his philanthropic efforts. Especially sensus-builder, Joyce has led the Chamber in dation, as well as Co-Chairman of the Heroes noteworthy, in 1997 Mr. Kee and his wife bringing together the many interests of the Committee of the American Red Cross. Debbie established an endowed scholarship New Paltz community. She was among the Also receiving a Calumet Community Hero for graduates of a Delaware high school who initiators of the first Town/Gown meetings in Award is Ms. Hannah Cherry. Ms. Cherry choose to continue at University of Delaware the 1980s, providing a forum for community graduated from Maywood High School in and major in agriculture. Many University of and University leaders to pursue common ob- Hammond, Indiana where she was one of Delaware agriculture student athletes owe Mr. jectives and address differences. She raised three African Americans that year. Her pas- and Mrs. Kee a sincere debt of gratitude, and the public’s awareness of the agricultural com- sion has always been to improve the condi- I am pleased to join them in their appreciation. munity by promoting visitation of farms and tions in the city where she lives and to fight for It is always impressive to see individuals who education. And she provided the leadership justice for all people. Hannah is a lifetime are willing to contribute to the education of our needed to make the Chamber’s most famous member of the NAACP, a member of the State’s youth. event, the Taste of New Paltz, a successful Project Area Committee, and a charter mem- I congratulate and thank Mr. Kee on his reality. The Taste is now in its 15th year and ber of the Neighborhood Action Council. She years of service and numerous contributions draws more than 8,000 participants. has also given her time and efforts selflessly

∑ 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 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.001 E15NOPT1 E2346 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 as a volunteer at St. Margaret’s Hospital for The final award, the Lifetime Achievement contributions to Indiana’s First Congressional almost twenty years. Hannah is a compas- Award, is being presented to Nancy Kelly for District. Their hard work and dedication has sionate activist and she is being honored for her outstanding service to the Northwest Indi- improved the quality of life for the community her ongoing quest to see to it that justice pre- ana Community. Nancy decided at a young and is worthy of the highest commendation. vails. age to be a local missionary in the service to her community. Mrs. Kelly was a volunteer f The third Calumet Community Hero Award and community organizer under Chicago is being presented to the Hispanic Women’s CONFERENCE REPORT ON H.R. 2862, Mayor Richard J. Daley’s administration. She SCIENCE, STATE, JUSTICE, COM- Forum of Northwest Indiana. The forum was moved to Gary, Indiana 30 years ago with her started in the early 1980’s when a group of MERCE, AND RELATED AGEN- late husband. Mrs. Kelly dedicated herself to CIES APPROPRIATIONS ACT, 2006 young Hispanic women came together with an improving the quality of life for the residents in idea to form an organization that would focus her community. She is the founder of the Hor- SPEECH OF on mentoring fellow Hispanic women. The Fo- ace Mann Ambridge Neighborhood Improve- rum’s common goal was to make Hispanics in ment Organization and she has served on the HON. FRANK R. WOLF professional careers more visible in the com- LCEOC board as well as numerous other OF VIRGINIA munity by stressing the importance of edu- boards. Mrs. Kelly’s lifetime of service con- IN THE HOUSE OF REPRESENTATIVES cation. The Hispanic Women’s Forum continues as she still serves with the Grand Cal- Wednesday, November 9, 2005 ducts a yearly luncheon where they honor umet River Task Force. Along with her many young Hispanic women graduating from local other contributions to society, she was also Mr. WOLF. Madam Speaker, I would like to high schools. Monetary awards are given to honored with the Indiana Older Hoosier Award submit for printing in the CONGRESSIONAL some of the young women based on a selec- of the year. I am proud to commend Mrs. Kelly RECORD the following table, which displays the tion process. The Hispanic Women’s Forum’s for her lifetime of service and dedication. amounts provided in the conference report to longstanding commitment to improving the Mr. Speaker, I ask that you and my other accompany H.R. 2862, the Science, State, quality of life is truly inspirational and should distinguished colleagues join me in com- Justice, Commerce, and Related Agencies Ap- be commended. mending these individuals for their outstanding propriations Act, 2006.

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VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.005 E15NOPT1 Insert offset folio IDLA/9 here EH15NO05.009 E2356 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 IN HONOR OF CAROL VUKELICH uals, families, and communities in the South A TRIBUTE TO DR. HERBERT K. Bronx and Northern Manhattan. CAB provides ABRAMS HON. MICHAEL N. CASTLE an array of services including: Early childhood OF DELAWARE education, after-school and summer camp pro- HON. RAU´ L M. GRIJALVA IN THE HOUSE OF REPRESENTATIVES grams for children, assistance for homeless OF ARIZONA families, crisis intervention, counseling and IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2005 case management for persons with AIDS, sen- Tuesday, November 15, 2005 Mr. CASTLE. Mr. Speaker, it is with great ior programs, legal and citizenship assistance pleasure that I rise today to pay tribute to for immigrants and a wide range of teen pro- Mr. GRIJALVA. Mr. Speaker, I rise today to Carol Vukelich, a recipient of the 2005 grams. pay tribute to Dr. Herbert K. Abrams, a life- Ratledge Family Award. I congratulate her for Under Carolyn’s strong leadership, CAB has long Champion of health care for all. her noteworthy service to the University of enjoyed many accomplishments over the past Dr. Abrams has been a particular example Delaware and the community. The Ratledge 25 years. These accomplishments include: to me. He arrived in Tucson in 1968, about Family Award is given only to those unique in- Merging with the Girls Club of New York, ob- the time I was marching in the streets with dividuals who exemplify excellence in public taining contracts for three Tier II family shel- other Chicanos asking for better health-care service, and Carol Vukelich is deserving of ters, creating a Homeless Prevention program, and recreation facilities. Within a few years, he this coveted award. developing a Homeless Outreach team and had shown those of us in the protest move- Ms. Vukelich has devoted the past 32 years living room drop in center for homeless adults, ment that a big heart, intelligence, patience as a proud member of the University of Dela- launching the Homelessness Relocation As- and persistence could convince a government ware faculty. In addition to her faculty appoint- sistance Program for families leaving the shel- to respond to the needs of the people. I will ment as the Hammonds Professor of Teacher ter system and returning to permanent hous- forever be grateful to him for that quiet leader- Education, she has served as the founding di- ing and developing a homeless outreach ship. Dr. Abrams was hired by Dr. Monte DuVal, rector of the Delaware Center for Teacher team. Education. In addition, she is the cofounder of founding dean of the University of Arizona’s the Delaware Writing Project and the Dela- Carolyn sits on the boards of the Non-Profit College of Medicine, to create what became ware Reading Project, both professional devel- Coordinating Committee and the Mid-Bronx the Department of Family and Community opment programs designed to build teachers’ Senior Citizen’s Council. She chaired the Medicine. He also acquired federal funding for skills as mentors to other teachers. Bronx Cluster of Settlement Houses for two the El Rio Santa Cruz Neighborhood Health More recently, Ms. Vukelich has turned her years and oversaw cluster-wide community Center. attention to such worthy projects as the en- building activities from 1997 to 2001. She also In each case, he prepared a foundation for hancement of middle and high school special served on advisory panels commissioned on growth. education teacher content knowledge and the out-of-school time services and homelessness In the early 1970s, he organized family overall strengthening of Head Start teachers. by Mayor Bloomberg. practice clinics in what were then the small Specifically, she is working to improve early Mr. Speaker, I am grateful for Carolyn’s towns of Marana, Benson and Casa Grande. language and reading skills. unyielding service to the people of the Bronx. Today, his philosophy of taking medical care Educators serve a critical role in our society, Her efforts have helped countless families to those outside metropolitan areas is vested especially those who are as dedicated to im- enjoy a higher standard of living and given in the department’s Rural Health Program, proving their field of knowledge as Ms. them hope that there is a brighter tomorrow. which supports rural clinics and family practice Vukelich. The University of Delaware and the Dr. King once stated that, ‘‘Life’s most urgent by young doctors. Ratledge Family deserve much credit for rec- question is: What are you doing for others?’’ Back in Tucson, the clinic Dr. Abrams ognizing this dynamic woman. Carolyn, along with the entire staff of Citizens helped create has shortened its name to El I congratulate and thank Ms. Vukelich on Advice Bureau need simply point to the long Rio Health Clinic, but expanded its service to her years of service and numerous contribu- list of individuals they have helped to em- 11 locations. El Rio was designed to serve the tions to the State of Delaware. Thank you power in the City of New York. poor; it continues with that emphasis today, but is open to all with a sliding fee schedule. Carol, for your exceptional career as an edu- I ask that my colleagues join me in paying Through the years, he also has been a sig- cator and for your tireless efforts at improving tribute to Ms. Carolyn McLaughlin and the Citi- nificant supporter during difficult times for E1 teaching. zens Advice Bureau. f Pueblo Clinic and the Pima County-owned Kino Community Hospital, now known as Uni- TRIBUTE TO MS. CAROLYN f versity Physicians Healthcare (UPH) Hospital MCLAUGHLIN PERSONAL EXPLANATION at Kino Campus. His impact on medical care has been recog- HON. JOSE´ E. SERRANO nized with the naming of two buildings in his OF NEW YORK HON. KATHERINE HARRIS honor. One is the College of Medicine building IN THE HOUSE OF REPRESENTATIVES that houses the department he founded. The OF FLORIDA other will be visible next fall when construction Tuesday, November 15, 2005 IN THE HOUSE OF REPRESENTATIVES is completed on the $28 million Herbert K. Mr. SERRANO. Mr. Speaker, it is with great Abrams Public Health Center on the Kino pleasure that I rise today to pay tribute to Tuesday, November 15, 2005 Campus. Carolyn McLaughlin for her many years of out- Ms. HARRIS. Mr. Speaker, due to the re- Dr. Abrams came to Tucson already a rec- standing service as the Executive Director of cent devastation caused by Hurricane Wilma ognized health-service pioneer. He had spent the Citizens Advice Bureau, a Bronx based on the State of Florida, I was unable to attend the preceding 16 years in Chicago, where he social service organization that has helped votes on Thursday, October 27, 2005 due to established the Martin Luther King Neighbor- countless families obtain a new lease on life. a visit to the State with President Bush and hood Health Center and the 40,000-member Carolyn has always been dedicated to em- other delegation Members. While I am dis- Union Health Service, an early-day health powering the people of her community. After appointed I was not able to be present, I am maintenance organization that last year cele- receiving her Masters in Social Work from Co- asking, that you include the following intended brated its 50th anniversary. lumbia University, she joined the Mt. Eden More than 60 of his scientific papers have votes in the CONGRESSIONAL RECORD. Senior Center and later the Vacation Camp for been published. Many of them examined oc- the Blind. In 1979, Carolyn made the Citizens I would have voted nay on H.J. Res. 65, the cupational medicine, and he has performed Advice Bureau her home and has overseen Schiff Amendment to H.R. 420, as well as the specific research on farm workers and pes- CAB’s progression from a small organization Democratic Motion to Recommit H.R. 420. I ticides and on the use of the short-handled staffed by two people to one with 450 staff would have voted yea on H.R. 3945, H. Res. hoe. members, eight major divisions, and a budget 368, Final Passage of H.R. 420, and the Mo- Dr. Abrams is known internationally, having of more than $25 million. tion to Instruct Conferees on H.R. 3047. worked, consulted or performed research in The Citizens Advice Bureau (CAB) is a Again, I apologize for my absence and China, Japan, Australia, the United Kingdom, multi-service organization whose mission is to thank you in advance for your time and atten- Israel and Papua New Guinea. He was a com- improve the well-being of low-income individ- tion to this matter. missioned officer in the U.S. Public Health

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.006 E15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2357 Service from 1942 to 1946 and served two Under Dr. Burk’s leadership, NCWO’s mem- IN SUPPORT OF INCREASED FUND- years of that time training medical officers and bership more than doubled as she brought ING FOR THE NATIONAL working on a cholera control team and as area new energy, inspiration, and resources to the SCIENCE FOUNDATION IN THE medical rehabilitation officer in China. He re- largest network of women’s organizations in DEPARTMENTS OF COMMERCE turned to China on at least six other occa- the nation. Over the past five years, Dr. Burk AND JUSTICE, SCIENCE, AND RE- sions, including earlier this year when he LATED AGENCIES APPROPRIA- has focused on involving the next generation again met with medical colleagues he had first TIONS ACT FOR FISCAL YEAR of American women in feminist politics. Under known 60 years ago. He has studied occupa- 2006 tional and environmental health along the her leadership, young women at NCWO U.S.-Mexico border, and has consulted for the launched the Younger Women’s Task Force, HON. SILVESTRE REYES World Health Organization. an exciting nationwide grassroots effort to en- OF TEXAS Dr. Abrams received degrees of Doctor of gage women in their twenties and thirties in IN THE HOUSE OF REPRESENTATIVES Medicine and Master of Science from the Uni- women’s issues and the public policy debate. Tuesday, November 15, 2005 versity of Illinois in 1940 and a Master of Pub- Dr. Burk has also developed and invigorated Mr. REYES. Mr. Speaker, I rise today in lic Health from Johns Hopkins University in NCWO’s summer internship program, New 1947. He received his bachelor’s degree from strong support of the commitment this Con- Faces More Voices, a unique program that gress has made to the budget of the National Northwestern University in 1936. trains college students to engage in effective Through the years, Dr. Abrams, 92, has pur- Science Foundation, NSF. Over a 10-year pe- advocacy and organizing around feminist so- sued his goals with a soft voice and a smile. riod, we have increased NSF funding 45.2 He knows that this nation still does not provide cial justice issues. percent in real terms, and in a tough budget health care for all, and last year wrote an op- In addition to her extensive work promoting climate we are increasing NSF appropriations by 2.4 percent over last year. ed article reminding Tucson newspaper read- women’s equality in the U.S., Dr. Burk has The NSF is perhaps the government’s most ers that 45 million Americans remain without also worked internationally to advance wom- efficient and effective agency. It provides the health insurance. en’s rights. She has organized training work- backbone of our Nation’s basic research ef- A poster on a wall in his office asks: ‘‘What- shops with women’s NGOs internationally in forts and strengthens our institutions of higher ever happened to health care for the poor?’’ Macedonia and Kuwait, under the sponsorship education by funding that research at univer- Dr. Abrams answered the question for Arizona of USAID, and has conducted training in the sity campuses across the country. The NSF Daily Star reporter Jane Erikson earlier this also supports science education in grades K– year, saying: ‘‘Not much . . . we still have a U.S. for delegations from Russia, Botswana, Korea, Romania, Bulgaria, and the Middle 12 to ensure future generations of Americans long ways to go . . .’’ are equipped to carry on our tradition of inno- East. She has recently been a member of offi- f vation and prosperity. Every dollar appro- cial U.S. Delegations to international con- TRIBUTE TO DR. MARTHA BURK priated to the National Science Foundation is ferences in Iceland, Lithuania, Estonia, and an investment in this country’s future. China. Named one of Ms. Magazine’s women Mr. Speaker, we need more investment in HON. CAROLYN B. MALONEY of the year in 2003, Dr. Burk’s syndicated col- science, technology, engineering, and mathe- OF NEW YORK umns have been published in major news- matics, STEM. This appropriation is a good IN THE HOUSE OF REPRESENTATIVES papers and magazines around the globe, and first step. However, if this country is to keep Tuesday, November 15, 2005 she has appeared on news shows around the pace and maintain its leadership in the global nation. economy, we must greatly expand and im- Mrs. MALONEY. Mr. Speaker, I rise in trib- prove STEM education for children and col- ute to a remarkable individual whose record of A former board member of the National lege students and continue to increase our service to the women’s movement across this Committee on Pay Equity, Dr. Burk has fought support of American innovation. country and around the world is second to throughout her career to end sex discrimina- I ask my colleagues to join me in supporting none. For the past thirty years, Dr. Martha tion in the workplace. Citing the taxpayer-fi- this appropriation for the NSF and renewing Burk has devoted her life to advancing equal- nanced advantages business leaders enjoy at this country’s commitment to innovation and ity for women. I ask all of my colleagues to the exclusive Augusta National Golf Club, she economic competitiveness. join me in saluting Dr. Burk’s record of advo- led the effort to open membership to women. f cacy, activism and achievement. Martha Burk was born in 1941 to Ivan Lee The power elite’s response to this controversy RECOGNITION OF THE SESQUI- Burk and Dorothy May Dean, who owned a re- exposed how deeply sex discrimination is in- CENTENNIAL OF NOKOMIS, IL tail clothing store in the small east Texas town grained in the culture of corporate America. of Pasadena. She married while still an under- Her recent book, Cult of Power: Sex Discrimi- HON. JOHN SHIMKUS graduate and earned a BS from the University nation in Corporate America and What Can Be OF ILLINOIS of Houston in 1962. She spent the next few Done About It, explores how systemic barriers IN THE HOUSE OF REPRESENTATIVES years at home raising her two sons, Mark and of social injustice were put in place and how Tuesday, November 15, 2005 Ed Talley. Refusing to accept the limited ca- they can be brought down. Currently, Dr. Burk Mr. SHIMKUS. Mr. Speaker, I rise today to reer options then open to women, she earned is focusing her energies full time on furthering pay tribute to the people of Nokomis, IL, on a PhD in psychology from the University of women’s progress in the workplace as the di- the occasion of their town’s sesquicentennial. Texas in 1974. rector of NCWO’s Corporate Accountability The earliest settlers began arriving in After her first marriage ended, Dr. Burk Project. Nokomis Township in 1840. The first perma- moved to Kansas and became active in the nent dwelling was built by Hugh Hightower Wichita chapter of the National Organization Mr. Speaker, it is an honor to pay tribute to around 1843. The first sermon was preached for Women (NOW). She gradually built her re- Dr. Martha Burk and to recognize her three by Rev. J.I. Crane, a Methodist Episcopal min- sume as a political psychologist and women’s decades of heroic commitment to women’s ister. The Baptist congregation was organized equity expert through work as a university re- progress. I am confident that her work will in 1856 and Lutherans became active in the search director, management professor, and continue to influence and inspire this genera- community in 1852. adviser, consultant, or board member for an tion and future generations to fight for equality. The first school was taught in the home of array of political campaigns and organizations I ask all of my colleagues to join me in thank- Henry Lower in 1848, while the first school including NOW’s national board. Dr. Burk and ing Dr. Martha Burk for her unparalleled con- was later built in 1853. Since then, the her husband, Dr. Ralph Estes, moved to Nokomis community has continued to grow tribution to her country. Washington, D.C. in 1990 and founded the and to prosper—offering its residents a loving Center for Advancement of Public Policy place in which to raise their families, establish (CAPP). Dr. Burk is president of CAPP and re- life-long friendships, conduct their business, to cently completed a five-year tenure as Chair work, to learn, to worship, and to give thanks of the National Council of Women’s Organiza- for God’s blessings. tions (NCWO), a network of over 200 national Today, Nokomis is known as a vital link women’s groups collectively representing ten within downstate central Illinois. For more in- million women. formation on all that the people of Nokomis

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.010 E15NOPT1 E2358 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 have to offer, I encourage you to visit http:// currently pursuing a Ph.D. degree in edu- protect sacred sites, or his willingness to travel www.nokomisonline.com/. cation. wherever needed to help work out a problem, I wish the people of Nokomis my heartfelt As a committed leader, Tex followed in the Tex Hall will be remembered as a great presi- best as they celebrate their sesquicentennial. footsteps of both his father and grandfather, dent of the National Congress of American In- f winning a seat on the Tribal Council of the dians; and I am proud to call him my friend. Three Affiliated Tribes (comprised of the Tex, thank you for your service. TRIBUTE TO PRESIDENT TEX Mandan, Hidatsa and Arikara tribes, having f HALL, NATIONAL CONGRESS OF joined together in the mid-1800’s) at Fort AMERICAN INDIANS Berthold in New Town, North Dakota. Eventu- INFLUENZA VACCINE REQUIRES ally becoming the Chairman of his tribe—ex- SHOTS HON. NICK J. RAHALL II actly 40 years after his grandfather was elect- OF WEST VIRGINIA ed Chairman—Tex has served two terms, win- HON. C.A. DUTCH RUPPERSBERGER IN THE HOUSE OF REPRESENTATIVES ning re-election in 2002. Among other posi- OF MARYLAND Tuesday, November 15, 2005 tions, Tex has served as Secretary and Treas- IN THE HOUSE OF REPRESENTATIVES urer of the United Tribes Technical College, Tuesday, November 15, 2005 Mr. RAHALL. Mr. Speaker, I rise today to Chairman of the Great Plains Tribal Chair- pay tribute to a person who I consider not only mans’ Association, Chairman of the Native Mr. RUPPERSBERGER. Mr. Speaker, I a leader in Indian Country, but a friend, Tex American Bank Corporation, Co-Chairman of support the Administration’s plans for com- Hall, for all of his hard work as President of the National Tribal Leaders Task Force on bating an Influenza Pandemic, including meas- the National Congress of American Indians Trust Reform, and President of the NCAI ures to increase the capacity of the vaccine in- (NCAI). Tex Hall is a man who has led by ex- President’s Health Technology Task Force. dustry so that we have enough influenza vac- ample, dedicating himself to advancing the As president of NCAI, Tex successfully cine to protect all Americans within 6 months standard of living for our Nation’s first citizens worked to ensure that the government-to-gov- of an outbreak. through bold vision, dedication, and integrity. ernment relationship and consultation was However, you can’t drink the Influenza vac- A tireless advocate, Tex has used his position strictly adhered to on all important matters. As cine, it has to be delivered with a syringe or as NCAI president to promote strong tribal Co-chair of the Task Force on Indian Trust other delivery technology, but the Administra- sovereignty through self-governance. He has Funds, he brought together representatives of tion’s plan does not include any strategies for addressed both the challenges and opportuni- all tribes together with the Department of Inte- acquiring sufficient numbers of appropriate in- ties that lie before today’s American Indian rior to work through problems with trust fund jection devices to deliver the vaccine. and Alaska Native nations. management. He is truly a uniter and not a di- The influenza vaccine will probably require 2 As Tex stated earlier this year in his State vider as he has managed to work with Indian shots, which means that we will need 600 mil- of Indian Nations address, tribes are ‘‘A vital country to consolidate and unite on like mat- lion syringes to vaccinate every American. part of this country’s conscience, its past and ters. Without advance planning and stockpiling of its future . . . Strong, healthy tribal self-gov- Tex has also worked with me in my capacity injection devices, hospitals and public health ernance is not just good for the economy of as the Ranking Democrat on the Resources agencies will not have sufficient numbers of tribal nations, but for the economy of the Committee on legislation to protect Indian sa- injection devices to deliver the pandemic influ- United States as a whole . . . Today, Indian cred sites from being destroyed by human enza vaccine. In fact, without planning and uti- Country is moving forward and in the right di- abuse. We worked together on drafting the lizing devices that are designed to ensure the rection,’’ Native American Sacred Lands Act and Tex vaccine is used to its full potential, we may For Tex Hall, 2005 marks the end of four stood shoulder to shoulder with me as we an- waste the very vaccine we are working so outstanding years as head of the National nounced the introduction of this important leg- hard to acquire. Congress of American Indians, the Nation’s islation. Though we have not been able to The Administration has worked diligently oldest and largest Native American organiza- enact this bill as of yet, I know Tex will con- with vaccine manufacturers to ensure there is tion, representing over 200 Indian tribes in the tinue to fight with me to protect the rights and additional capacity to produce pandemic influ- continental United States and Alaska. Tex’s the sites that our first Americans hold sacred. enza vaccines. The same planning and co- successful 2001 election marked the first time Tex Hall has been a major force in several operation must happen with the domestic de- in history that an individual from his tribe, or advancements made by tribal governments on vice industry. I urge the Administration to sit- from the state of North Dakota, had been cho- a national level. In 1999, Tex chaired a meet- down with the medical device industry to dis- sen to lead NCAI. Tex has played a key role ing on Indian treaty issues with President Clin- cuss potential medical device needs and cain the great strides that Indian country has ton and representatives of the Great Plains pacity constraints and develop a plan to en- made, keeping promises, and making a dif- Tribes. In 2000, as a result of that meeting sure we are acquiring the appropriate amount ference in the lives of Indian people—for gen- and others, President Clinton signed an Exec- and type of syringes necessary to keep all erations to come. utive Order on Consultation with Indian Tribal Americans safe. It would be a tragedy to Tex G. Hall—whose Indian name ‘‘Ihbudah Governments, stating, ‘‘There is nothing more waste life saving vaccine because of a lack of Hishi’’ means ‘‘Red Tipped Arrow’’—grew up important in federal-tribal relations than fos- foresight. on his family’s cattle ranch in Mandaree, lo- tering true government-to-government rela- f cated in the heart of the Mandan, Hidatsa and tions to empower American Indians and Alas- Arikara Nation in North Dakota. One of eight ka Natives to improve their own lives, the lives RECOGNIZING STEPHEN A. PERRY children, Tex and his three brothers and four of their children, and the generations to come. sisters were instilled with a deep respect and We must continue to engage in a partnership, HON. RALPH REGULA appreciation for education. In the mid-1970’s, so that the First Americans can reach their full OF OHIO Tex received his high school diploma at a time potential.... This Executive Order builds on IN THE HOUSE OF REPRESENTATIVES when fewer than 40 percent of the Nation’s prior actions and strengthens our government- Tuesday, November 15, 2005 Native Americans were graduating from high to-government relationship with Indian tribes.’’ school. Persistent in his educational quest, Multiple hurdles still obstruct elevation of the Mr. REGULA. Mr. Speaker, I wish to con- Tex attained his bachelors degree—in an era standard of living for Indian people. As Tex gratulate my constituent, Stephen A. Perry, for when only 8 percent of his fellow Native Amer- told Judy Sarashon of the Washington Post in his service to his country as the 17th adminis- icans graduated from college—and proceeded 2004, ‘‘Unfortunately, the first Americans have trator of the U.S. General Services Administra- to obtain a Masters degree in educational ad- been the forgotten Americans.’’ Nevertheless, tion (GSA). The Buckeye State is proud of ministration. Tex Hall is a man who continues to dedicate Steve as one of the highest ranking Ohioans Tex wished to instill the importance of edu- his life to advancing the opportunities for In- serving in the Bush administration. cation in the Indian youth of his reservation. dian Country; an assiduous champion in the As administrator, Steve brought an exten- For 11 years, Tex served as the Super- fight to protect Indian sacred sites, I have had sive background from both the private sector intendent and Principal of Mandaree School. the honor to work with Tex and hope to suc- and State government. He has effectively led Both his classroom instruction and basketball cessfully pass legislation that addresses the the GSA during a period where the Federal coaching earned Tex 1995’s award of North protection of Native American sacred lands. Government’s infrastructure has been aging, Dakota Indian Educator of the Year. To this Whether it is his work strengthening the Vio- but funds have been limited to deal with all day, Tex lives and learns by example—he is lence Against Women Act, tackling the fight to these problems. However, Steve guided GSA

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.014 E15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2359 through prioritizing projects and making sure porate offices and four—job training—commu- program for grades K–5. Up to 175 students that agency employees had the support re- nity programs: Project RESPECT—job train- participated in the program last year alone. In quired to tackle Federal infrastructure issues. ing—Neighbor-to-Neighbor Housing Coun- addition, partnerships between Big Brothers He started his career at the Timken Com- seling & Asset Building, Youth Passport to the and Big Sisters and local schools have been pany of Canton, a leading international manu- Future and Cultural Arts. highly successful in establishing mentoring re- facturer of highly engineered bearings and Other Better Family Life programs include lationships among citizens and elementary alloy steels. At Timken, Steve progressed from the annual Kwanzaa Expo and the Unity Ball and middle school students. Murray can also an initial position as stockroom clerk to vice extravaganza. The 20th annual Unity Ball has be proud of the low dropout rate at Murray president. In 1991, then Governor George grown to include approximately 1,500 High School, which is only one percent. In Voinovich appointed Steve to his Cabinet as attendees and honors numerous community terms of health, Murray/Calloway County has director of the Department of Administrative leaders, elders, youth, movers and shakers at a teenage birthrate significantly below the Services, which provides services to State all levels. Recently, in response to this coun- statewide average and has decreased drug agencies that are similar to what GSA pro- try’s worst disaster on record, Better Family use among its youth. Clearly, this community vides Federal agencies. After his successful Life, along with the Millions More Movement, has much to be proud of and the youth have tenure in State government, Steve returned to spearheaded a relief drive for the victims of an ideal community in which to learn and Timken where he was elected as an officer Hurricane Katrina, sending an 18–wheel trac- grow. and promoted to senior vice president. tor-trailer filled with donations from the St. Ohio County found itself in the spotlight be- Additionally, Steve has been very active in Louis community to Hattiesburg, MS. cause of the caring adults in the community, community and charitable organizations. He Prior to founding Better Family Life, Mr. the safe places and healthy start it offers has been recognized by numerous groups for Ahmed was a registered representative with youth, and its effective education policies. his commitment to his home community. the prestigious financial planning firm, The Most experts will agree that parental involve- On a personal note, I would like to thank Moneta Group. An avid collector of fine art ment is important in the success of a child’s Steve for his work in getting a new Federal and literature, he is president of B4 Positive education. In Ohio County, this lesson is cer- building for Canton, Ohio. Through Steve’s Products and Marketing, a business he found- tainly understood by the parents who volun- leadership, this new Federal center will be a ed in 1989 to network, market and distribute teered over 13,800 hours in local schools. The one-stop facility where citizens can come to books and African artifacts. County also invested in a state-of-the-art fit- various Federal agencies to get issues ad- Mr. Ahmed has traveled extensively ness center and now has 21 percent of the dressed. The building will be a model for the throughout the United States and abroad. He county as members. The birthrate among 15– GSA system, and we owe its success to speaks fluent French. As a Peace Corps vol- 17 year-olds decreased from 43 percent in Steve’s guidance. I look forward to being with unteer, he worked for 3 years as an urban 1997 to 14.7 percent in 2001, and the dropout Steve at the future ceremony that opens Can- planner in the West African country of Mali, rate among high school students also de- ton’s new Federal building. where he successfully developed a cost-effec- creased from 8.5 percent to just over 1 per- We are proud of Steve’s service at GSA, tive sanitation program for the capital city of cent. Perhaps most impressively, local stu- but also pleased that he, and his wife, Sondra, Bamako. Mr. Ahmed holds a bachelor’s de- dents and adults involved in the Together We are returning home to Canton, Ohio and be gree in economics and a master’s degree in Care/Ohio County Schools community partner- active members in our community. public administration/policy analysis. He is the ship decided to tackle tobacco use among kids. In a county where the largest crop is to- f recipient of many community service awards and serves on various boards. He is married bacco, this was a real challenge. These stu- TRIBUTE TO MALIK AHMED, to DeBorah and they have one son, Shabazz. dent/adult groups visited stores selling tobacco FOUNDER AND CEO, BETTER Mr. Speaker, I am honored to recognized products and requested that they remove ads FAMILY LIFE, INC. Mr. Malik Ahmed before the United States for tobacco products in their stores and move House of Representatives for his tireless dedi- products to less visible locations. One month HON. WM. LACY CLAY cation to the development of culture, commu- later, 95 percent of the stores had made the requested changes. OF MISSOURI nity and self-improvement among minorities in Again, I am proud of the progress these IN THE HOUSE OF REPRESENTATIVES St. Louis. communities are making and pleased that they Tuesday, November 15, 2005 f have been selected as two of the 100 Best Mr. CLAY. Mr. Speaker, I rise today to pay RECOGNIZING MURRAY/CALLOWAY Communities for Youth. tribute to Malik Ahmed, the founder and chief AND OHIO COUNTY f executive officer of Better Family Life, Inc., a TRIBUTE TO HOLY ASCENSION holistic cultural and community development HON. ED WHITFIELD CHURCH AND HIS HOLINESS corporation he founded in February 1983. He OF KENTUCKY FILARET PATRIARCH OF KYIV has pioneered the concept of synthesizing and IN THE HOUSE OF REPRESENTATIVES AND ALL RUS-UKRAINE blending the imperatives of African-American culture with the complexities of community and Tuesday, November 15, 2005 economic development. Mr. WHITFIELD. Mr. Speaker, I rise to rec- HON. BILL PASCRELL, JR. OF NEW JERSEY Better Family Life is dedicated to the pros- ognize two outstanding communities in my IN THE HOUSE OF REPRESENTATIVES perity and growth of the African-American fam- District which were recently selected as two of ily, as well as the preservation of culture, con- the 100 Best Communities for Young People Tuesday, November 15, 2005 sciousness and community. Organized out of by the America’s Promise—The Alliance for Mr. PASCRELL. Mr. Speaker, I would like to a need to find internal solutions to the crises Youth organization. Murray/Calloway County call your attention to the 80th anniversary of within the African-American family, the organi- and Ohio County, Kentucky, were chosen the existence of Holy Ascension Church, lo- zation’s mission is to plan and establish social, based on the their fulfillment of the America’s cated on Broad Street in Clifton, New Jersey. cultural, artistic, youth, economic, housing and Promise Five Promises: Safe Places, Effective To mark this important occasion, the church educational programs that help to promote Education, Opportunities to Serve, Healthy will be honored by a visit from His Holiness positive and innovative changes within the Start, and Caring Adults. These communities Filaret Patriach of Kyiv and all Rus-Ukraine. metropolitan St. Louis and East St. Louis com- have demonstrated their commitment to the As a lifelong resident and former Mayor of munities. success of our area’s youth by focusing on the neighboring city of Paterson, I cannot think Under his leadership Better Family Life, Inc. these promises and working together to en- of another organization that has meant more has grown to include a full-time professional sure our youth have the skills and resources to the surrounding community than Holy As- staff of more than 70, with 30 percent of the they need to succeed in life. I am fortunate to cension Church. For the past 80 years, the staff having advanced degrees. Recently, the have the opportunity to represent them in men and women of Holy Ascension Church organization purchased the former Ralph Congress and grateful for their hard work and have given generously of their time, talents, Waldo Emerson Elementary School at 5415 determination. and energy, and have made an indelible mark Page Boulevard, in St. Louis, MO. When the Murray/Calloway County was recognized for on countless people’s lives. I feel that it is only $4 million renovation is completed, the three- the healthy start and safe places it provides fitting that Holy Ascension Church be honored story facility will be home to the Better Family area students. In the fall of 2005, Calloway in this, the permanent record of the greatest Life Cultural Center & Museum, housing cor- County implemented a countywide after school freely elected body on earth.

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.019 E15NOPT1 E2360 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 The history of the Ukrainian Orthodox Holy Ascension Church. I ask that you join our tions, I join them in thanking her for the fruits Church of Clifton, formerly of Passaic, is the colleagues, the people of the city of Clifton, of her efforts. We are grateful for her tenacity history of many devoted men and woman the Ukrainian community, and me in recog- and perseverance to protect our precious through the years, who have devoted both nizing the men and women of the Holy Ascen- lands. time and effort to maintaining the religious tra- sion Church for 80 years of ministry to the f ditions of the Holy Orthodox Church and the community of Clifton, New Jersey. HONORING WAYNE THOMAS Ukrainian cultural heritage. f With the large migration of Ukrainians to the JAQUITH United States in the early 1900’s, many chose HONORING HARRIET BURGESS, to settle in the Passaic County area. In 1925 PRESIDENT AND FOUNDATION HON. EDWARD J. MARKEY OF AMERICAN LAND CONSER- a small group of Ukrainian-Americans set out OF MASSACHUSETTS VANCY to organize an Orthodox Parish to serve their IN THE HOUSE OF REPRESENTATIVES spiritual needs. Through the efforts of the or- Tuesday, November 15, 2005 ganizers the original church was purchased HON. FORTNEY PETE STARK and consecrated on Sunday July 25, 1925 by OF CALIFORNIA Mr. MARKEY. Mr. Speaker, I rise to recog- his Excellency Metropolitan John Theodoro- IN THE HOUSE OF REPRESENTATIVES nize Wayne Jaquith upon the occasion of his impending retirement. vich. The new church served as a hub for the Tuesday, November 15, 2005 Ukrainian community. Over the years the Par- Over the last two decades, Wayne Jaquith ish members relished in their heritage and Mr. STARK. Mr. Speaker, I rise today to pay has worked tirelessly to advance the cause of shared it throughout the area. There were var- tribute to a remarkable woman, Harriet Bur- peace, security and disarmament. ious outings of the Ukrainian Folk Ballet and gess, President and founder of American Land Since June of 1999, he has coordinated the the Lysenko Chorus which helped introduce Conservancy. For the past 20 years, Harriet, Peace and Security Funders Group, an orga- the Ukrainian culture to other people. who presently resides in Inverness, California, nization which works with various philanthropic In 1962–63 the parish adopted its current has applied her consummate skill in building organizations interested in peace and disar- constitution and by-laws that would serve as consensus among legislators, government mament issues. From December 1997 through the basis for all church activity well into its fu- agencies, landowners and environmental May 1999, Wayne founded and ran the Peace ture. Under the pastorate of the Very Rev- groups for the conservation of public lands. Philanthropy Project, which sought to cultivate erend Theodore Foresty, the building com- Her list of acquisition accomplishments new philanthropy on peace and security mittee was reorganized. Land was purchased while Vice President of the Trust for Public issues. In 2002, Wayne also co-founded the for the present church and its rectory in 1967. Land reveals a national landscape of treas- Iraq Peace Fund, and served on its distribu- With the impending sale of the church prop- ured sites. She saw a need for a non-profit tion committee. He also has been a consultant erty, the parishioners authorized the building land acquisition agency that would tackle the to W. Alton Jones Foundation, Ploughshares committee to hire Mr. Jaroslav Sichynsky as most challenging and difficult projects. She Fund and Turner Foundation. the architect for their new house of worship. founded the American Land Conservancy to Until July 1997, Wayne was president and The new parish rectory was the first building rescue irreplaceable environmental acreage founder of National Security News Service, to be completed in the fall of 1968. In Sep- from imminent development. Natural Resources News Service and Public tember of 1968 the last Divine Liturgy was Through her talent and perseverance she Education Center. From 1989 through 1992, celebrated at the Hope Avenue site and con- has kept intact precious tracts of land from he served first as vice president and then as tracts were conducted with the State of New California’s Topanga Canyon to the Sierra Ne- president of Council for a Livable World Edu- Jersey to make way for Rt. 21. vada and has been a matchmaker in arrang- cation Fund, and as Boston director of Council The new church structure is a masterpiece ing swaps and purchases of private lands for for a Livable World. From 1978 through 1988, in blending old Byzantine style of architecture public uses from the Malibu coast to the Co- Wayne served successively as executive di- with the contemporary structural methods. The lumbia River Gorge. rector of Nantucket Land Council, Physicians central dome rises above the stone and brick One transaction in Nevada involved 44 dif- for Social Responsibility, Lawyers Alliance for edifice symbolizing the glory of the kingdom of ferent property swaps. She has also master- Nuclear Arms Control and Ploughshares Fund. God that rises above the material world. minded the acquisition of lands along the He was co-founder of many coalitions includ- On Sunday, June 7, 1970, the Consecration upper Sacramento River and the North Fork ing Professionals Coalition for Nuclear Arms and Blessing of the new edifice finally took American. She played a role in the addition of Control, Coalition for the Non-Proliferation place. With the presentation of floral bouquets a one thousand plus acre parcel to the San Treaty, Coalition to Reduce Nuclear Dangers to His Beatitude Metropolitan John, His Excel- Francisco Bay Area’s renowned Gate National and the Arms Transfer Working Group. lency Archbishop Matyslaw and His Grace Recreation Area. Wayne has been an invaluable asset to the Bishop Mark, the distinguished hierarchy, vis- Harriet Burgess grew up in Xenia, Ohio peace and disarmament community for many iting clergy, and honored guests proceeded where her fondest memory is wandering years. He will be missed. I wish him all the from the rectory to the church where they through the forest looking for wildflowers. But best in his retirement. were traditionally greeted with bread and salt she didn’t get into protecting public space until f by the Parish President Peter Dutkevitch. after her children were grown, when she vol- The blessing of the new church was fol- unteered to rewrite the zoning ordinance for HONORING MSGT DEAN C. TEMPLE lowed by the Pontifical Liturgy after which the Fairfax County, Virginia. During her time in UPON HIS RETIREMENT placing of the cornerstone was witnessed by Virginia, she was an exemplary member of my all. The afternoon was celebrated with a dedi- legislative staff in Washington, DC. HON. LOIS CAPPS cation banquet. After a divorce in 1978, she moved to Cali- OF CALIFORNIA Fifty years after its initial consecration in fornia and headed the western regional office IN THE HOUSE OF REPRESENTATIVES Passaic, this beautiful church proudly stands for the Trust for Public land before founding Tuesday, November 15, 2005 as a landmark in the great city of Clifton, spir- the American Land Conservancy in 1990. The itually lead by Father Oleh Zhownirovych. Conservancy, under Harriet’s direction, has Mrs. CAPPS. Mr. Speaker, today I rise to Mr. Speaker, as you can see, the men and become a potent force in safeguarding Califor- pay tribute to MSgt Dean C. Temple upon his women of the Holy Ascension Church epito- nia’s most precious open spaces. Through retirement. MSgt Dean C. Temple is a native mize the noble spirit of community service and sheer persistence and tenacity Harriet has of Hinckley, Ohio. He enlisted in the United volunteerism that we all strive to achieve. The time and again brought seemingly out-of-reach States Air Force in January 1983, shortly after sense of altruism and spirit of humanitarianism projects within grasp, helping local commu- graduating from Poudre High School, in Fort demonstrated daily by the congregation of the nities realize their dreams of protected land for Collins, Colorado. He completed Military Basic Holy Ascension Church is living proof of the open space. Training at Lackland Air Force Base, Texas on difference that a handful of people can make Harriett Burgess has been a tireless and March 1, 1983 and was sent, by direct duty in the lives of many. highly effective advocate of wilderness and assignment, to Altus AFB, Oklahoma. Mr. Speaker, the job of a United States con- recreational open space protection. Her list of During his first assignment at Altus, then gressman involves so much that is rewarding, accomplishments will be felt by generations. Amn Basic Temple was put to work as a new yet nothing compares to recognizing the mem- As friends gather on November 16, 2005 to General Purpose Vehicle Maintenance Ap- bers of exceptional institutions such as the pay tribute to Harriet’s extraordinary contribu- prentice. After 2 years, he was rotated into the

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.022 E15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2361 Diagnostic and Quality Assurance section TRIBUTE TO MS. ELAINE Born in Philadelphia, PA and raised in where he served as Non-Commissioned Offi- HARRINGTON Tuskegee, Alabama, Professor Harrington was cer In Charge (NCOIC). In 1988, SrA Temple an honors graduate of Tuskegee Institute High was promoted to the rank of Buck Sergeant HON. BILL PASCRELL, JR. School, earned her B.S. degree in Elementary and transferred to Cosimo Air Station, Italy, on OF NEW JERSEY Education from Tuskegee Institute (University), the island of Sicily. While at Cosimo, Sgt Tem- IN THE HOUSE OF REPRESENTATIVES and later her M.A. degree in Education, Su- ple served as NCOIC of the Base Operation Tuesday, November 15, 2005 pervision, and Administration from the Univer- sity of Connecticut, where she graduated Support, DQ&A section for the 487th Tactical Mr. PASCRELL. Mr. Speaker, I would like to Missile Maintenance Squadron. As part of his call your attention to the life and work of an Magna Cum Laude. She received certification in Developmental Education from Fairleigh duties Sgt Temple directly supported the main- outstanding individual who I feel fortunate to Dickenson University, and is listed in ‘‘Who’s tenance of Ground Launch Inter-Continental call my friend, Ms. Elaine C. Harrington. She was recognized on Saturday, November 5, Who Among African Americans’’. Upon her re- Ballistic Cruise Missile (GLCM), Launch Con- tirement, Professor Harrington has returned trol Center (LCC), and Transporter Erector 2005, for her years of unwavering dedication and service as a Professor to the Passaic home to Tuskegee, Alabama. Launcher (TEL) equipment. During this assign- County Community College. ment Sgt Temple was promoted to SSgt. In Mr. Speaker, the job of a United States After 33 years of committed service to the Congressman involves so much that is re- January of 1990 he was reassigned to the Air Passaic County Community College (PCCC), warding, yet nothing compares to recognizing Training Command, Vehicle Maintenance Professor Elaine Harrington retired from the the efforts of devoted educators and public Technical Training Center, Chanute AFB, Illi- College on July 1, 2005. Her tenure at PCCC servants like Ms. Elaine Harrington. I ask that nois. During this assignment SSgt Temple is a remarkable story of one person’s belief in you join our colleagues, the faculty and stu- served as an Instructor, General Purpose Ve- the power of education and its transforming ef- dents of Passaic County Community College, hicle Maintenance Section and taught the GP fect on the lives of others. It is only fitting that Ms. Harrington’s family and friends, and me in Elaine Harrington be honored for her commit- Vehicle Maintenance Apprentice Course, Ad- recognizing Elaine Harrington for her years of ment to improving the quality of life in vanced Air Conditioning Course, and the Ad- outstanding service to the students of Passaic Paterson and Passaic County through edu- vanced Vehicle Diagnostic Test Equipment County. cation in this, the permanent record of the Course. While still at Chanute SSgt Temple greatest freely elected body on earth. attended the Airmen Leadership School and Arriving at PCCC in 1972, at the earliest f upon graduation was awarded the John stages of the College’s existence, Professor CONGRATULATING LYNDON Levitow award for leadership. Harrington shared her many talents gener- LAPLANTE In 1993, due to Base Realignment and Clo- ously. She began by teaching the Music Ap- sure (BRAC) decisions, SSgt Temple moved preciation course and Cultural Field Surveys. along with the vehicle maintenance school- She later began teaching courses in Mathe- HON. MICHAEL C. BURGESS house to Lackland AFB, Texas where he as- matics, English, Public Speaking and African American Literature. She worked closely with sumed the role of Instructor Supervisor for the OF TEXAS the College’s most disadvantaged students, IN THE HOUSE OF REPRESENTATIVES GP VM section and continued teaching the nurturing them from the lowest levels of devel- new 20-day Advanced Diagnostic Test Equip- opmental education to the heights of academic Tuesday, November 15, 2005 ment and Electrical Systems Course which he achievement. co-authored with SSgt Andreas Grom. In 1996 While at the College, Professor Harrington Mr. BURGESS. Mr. Speaker, I rise today to SSgt Temple was promoted to Technical Ser- was tireless in her pursuit of making PCCC a congratulate Mr. Lyndon LaPlante of Keller, geant, this promotion also coincided with an- beacon of educational excellence. She served TX, on his dedication and outstanding athletic other big swing of the BRAC hammer and the as President of the Academic Council and the achievement at the Keller v. Richland high schoolhouse shifted again to a new location. Faculty Association, and Association secretary school football game on October 7, 2005. for more than a decade. For two years, she Now a veteran of Schoolhouse moves, TSgt Mr. LaPlante is an 18–year-old Keller High Temple was to move again to the newly des- served as Acting Dean of Student Affairs. She provided leadership to numerous college com- School senior, who has played on the Keller ignated Port Hueneme Schoolhouse in Port mittees such as Commencement, Convoca- football team for 4 years. He has attended Hueneme, California. TSgt Temple now was tion, Instructional Resources, Policies and Pro- every practice, summer camp, team meeting positioned as a Course Supervisor for the GP cedures, Retention and Accreditation. She and football game since he was a freshman. section and was qualified to teach six of eight rarely missed a Board of Trustees’ meeting On October 7, 2005, Mr. LaPlante played in courses to include two Mobile Training Team and became one of the PCCC Foundation’s his first football game against Richland High Courses. These two courses generated 32 most staunch advocates, earning her the School. At this inaugural game, Mr. LaPlante, Temporary Duty Assignments that sent TSgt Foundation’s ‘‘Distinguished Service Award’’ in who has Down syndrome, brought a home Temple throughout the globe. After 5 years at 2000. crowd of more than 4,000 to its feet as he ran Port Hueneme TSgt Temple was promoted to Professor Harrington’s accomplishments on 99 yards for a Keller touchdown. Mr. LaPlante Master Sergeant. And along with the pro- campus were rivaled only by her important was also named football player of the week motion came the accompanying orders. This work in the community. As Past President of and gave a speech at Keller High School’s football pep rally. time the assignment was to Kunsan AB Re- both the Paterson Branch of the NAACP and the New Jersey State Conference of NAACP public of Korea, where now MSgt Temple Prior to his recent game success, Mr. Branches, she strongly advocated for im- LaPlante participated on the Keller football served as Superintendent, Readiness and proved economic, educational, social, and po- Evaluations. His duties included Squadron Ex- team by acting as assistant head coach and litical opportunities for disenfranchised per- running plays with the team in pre-game ercise Evaluation Team Chief, Flight Self-In- sons. In her role as State President, she pro- spection program manager, and First Ser- warm-ups. He also took photographs at every vided leadership to 38 NAACP branches and game, which were set to music and shown at geant. In June of 2002 MSgt Temple finished 20 youth units. Based on the quality and the the end of every year. On Friday mornings, with and was reassigned back to Det1 345 breadth of the programming that occurred Mr. LaPlante joins his football teammates to under her watch, the NAACP recognized New TRS, Port Hueneme, CA. After his return he mentor and read stories to elementary school Jersey as the number one State Conference served as the new Vehicle and Equipment students. He talks to children and signs auto- in all of Region II. In 1999, Professor Har- Course Supervisor and since mid-2004 is cur- graphs at Florence Elementary School, which rington became a member of the National rently serving as Air Force Superintendent, he attended. Inter-service Vehicle Mechanic School. Board of Directors of the NAACP. In addition to her work with NAACP, she has faithfully I extend my sincere congratulations to Mr. I commend and thank MSgt Dean Temple served organizations such as Concerned Par- Lyndon LaPlante for his commendable for his leadership and dedication. He is truly a ents for Head Start, Inc., the Paterson YWCA, achievements on and off the Keller High role model and deserves the many awards and the Paterson Board of Education. She is School football field. His dedication to his and commendations that he has received. I a charter member of the Christ Church United team, to his school, and to his community wish him a relaxing and happy retirement. Methodist. serves as an inspiration to all.

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.025 E15NOPT1 E2362 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 HONORING THE BEST TEACHERS in the wake of the deadly suicide bombings icy in the West. On November 2, 2005, Dennis OF ACADIANA which occurred on November 9. Jordan has passed away following a long battle with can- been a leader of peace and stability in the cer. Our region collectively mourns his pass- HON. CHARLES W. BOUSTANY, JR. Middle East, and a strong ally and friend to ing, while remembering his lifelong contribu- OF LOUISIANA the United States. King Abdullah stood firmly tions. IN THE HOUSE OF REPRESENTATIVES with the United States following the terrorist Commissioner of the Bureau of Reclamation from 1989 until 1993, Dennis most recently Tuesday, November 15, 2005 acts of September 11, and today the United States stands with him and his country. served as the chief executive officer and gen- Mr. BOUSTANY. Mr. Speaker, I rise today Jordan, formerly led by the late King Hus- eral manager of the Metropolitan Water Dis- to recognize a special group of individuals sein and now King Abdullah, has worked tire- trict of Southern California, which serves 18 from the Seventh Congressional District of lessly towards the goal of finding a peaceful million people. Dennis also served as the Ex- Louisiana. I am proud to represent this distin- resolution to the Arab-Israel conflict and pro- ecutive Director of the Colorado River Board guished group from my district. They are moting stability throughout the region. Jordan of California. He worked tirelessly with the teachers, who have dedicated their lives to is a country of strength and tolerance. From seven Basin States, the International Bound- educating our leaders of tomorrow. Recently, the rubble of these attacks, I am confident Jor- ary and Water Commission, and various Fed- Regent Broadcasting Corporation held a ban- dan will remain more committed than ever to eral agencies to develop and manage Colo- quet to honor the best teachers in the the eradication of terrorism worldwide. rado River water resources. Acadiana area. I join them in this endeavor The heinous acts are the work of cowards. The greatest challenge facing the West and enter into the official CONGRESSIONAL I am confident that Americans and Jordanians today and for the foreseeable future is meet- RECORD the names of each one of these edu- will come together in these tragic times to ing water supply needs in an atmosphere of cators. I ask that my colleagues join me in growing population, conflicting state and inter- thanking them for their service to our children. work together towards a safer and more peaceful world. national claims, and demands of environ- They are: Cassie Arceneaux, Rosemary Ar- mental protection. Although Dennis most re- nold, Stephen Arnold, Kristi Barker, Monica f cently represented water consumers in South- Batiste, Rachelle Beasley, Mary Benjamin, RECOGNIZING AND COMMENDING ern California, his leadership, ingenuity, fair- John Bliss, Phyllis Bonhagen, Diedra Bossier, CONTINUING DEDICATION AND ness, and perseverance yielded important divi- Katie Botts, Sarah Boudreaux, Marcy COMMITMENT OF EMPLOYERS dends for water users throughout California, Boudreaux-Johnson, Dina Bourque, Kerry Ann OF MEMBERS OF THE NATIONAL Breaux, Phyllis Breaux, Maria Brodie, Amanda Nevada, Arizona, and other states that draw GUARD AND THE OTHER RE- Buteau, Russell Cailler, Carmen Cain, Carolyn water from the over-allocated Colorado River. SERVE COMPONENTS Mark Twain famously stated that ‘‘whiskey is Campos, Sera Centanni, Beth Chambers, Jim for drinking and water is for fighting.’’ While Chambers, Ashley Charpentier, Jackie SPEECH OF Chaote, Patricia Clement, Shann Comeaux, the West has undoubtedly seen its share of Misti Darby, Carla Darcey, Dene Dauzat, HON. RICHARD W. POMBO water wars, I can’t think of a person who had a better ability to get people to stop fighting Vianne Dawkins, Nicole Delahoussaye, Rachel OF CALIFORNIA and sit down at the bargaining table than Den- Delcambre, Laura Delcambre, Nicole Duhon, IN THE HOUSE OF REPRESENTATIVES Doug Duhon, Denise Ferguson, Keela Folsom, nis. His wisdom, warm good nature, positive Tuesday, November 8, 2005 Cathy Frame, Denise Frederick, Donna Gil- approach and—above all—sterling honesty bert, Delia Girouard, William Greig, Brandi Mr. POMBO. Mr. Speaker, I am pleased to kept all players in the Western water drama Gonzalea, Donna Goulas, Tiffani Granger, relate the experience of Major Jeff Williamson, focused on finding solutions instead of per- Patrice Grieg, Deany Guidry, Alanna Guillot, an employee of General Mills who serves in sisting in conflict. Mona Hahn, Renee Harelson, Callie Hardy, the Marine Forces Reserve. He was called to Personally, I had the pleasure and honor of Erica Hargrave, Billy Hargroder, Dianne duty in February 2002 and sent to Camp Pen- working with Dennis on a number of important Hebert, Penny Hebert, Amy Hebert, Teres dleton for anti-terrorism operations training. In water issues, including the sometimes tumul- Johnson, Jan Johnson, Lacy Kibodeaux, Tori March 2003, Major Williamson was sent to tuous negotiations of the Quantification Settle- Kristicevich, Lea Lahasky, Amy Landry, Ginger Iraq for initial operations, and remained until ment Agreement, which brought California’s Landry, Kim Landry, Rebecca Landry, Laurie June 2003. During his service abroad, General water use in compliance with its legal appor- LaPorte, Denette Latiolais, Camille Lavigne, Mills made up the difference to match what his tionment for Colorado River supplies. In each Hedi LeBlanc, Stephanie Leger, Hayley regular salary had been while employed with instance, Dennis displayed a tremendous abil- Lejeaune, Kim LeMaire, Carey Lemoine, the company back home. He and his family’s ity to find balanced solutions that satisfied all Denise Lotief, Angie Louviere, Brenna medical and dental benefits remained un- parties. Mahoney, Vanessa Mayon, Rebekah McGee, changed during this time as well. When asked Mr. Speaker, the United States has lost a Susan Merritt, Dura Minix, Allison Moore, if he had any comments on how he felt about great servant, the West has lost a brilliant Claire Myers, Kelly Neel, Denise Nugent, General Mills treatment of him during that leader, and I have lost a dear friend. On be- Desmond O’Conner, Dori Perez, Tonya Perry, time, he said he had not given that question half of our region, I want to convey our appre- Rosanne Plagens, Rebekah Prudhomme, much thought, adding that, that in itself, says ciation for all of Dennis’s efforts and express Rachael Rachel, Rachelle Rachal, Debie a lot. Major Williamson commented that he did our heartfelt condolences to the Underwood Rebert, Nancy Reeves, LaToya Rideau, not have to worry about a thing as he and his family, including his wife, Carmen; daughter Ashlyn Roger, Damon Romero, Jonathon family were well taken care of. In January, he and son-in-law, Michelle and Ryan Dejournett; Royer, Kristen Royer, Sherry Rude, Tina will be considered for the position of Lt. Colo- brothers, Russell, Lawrence, Rory, Kevin, and Sapienza, Rhonda Schwartzenburg, Ros nel. He is married to Tanja and they have two Jeffrey; and two grandsons. Siebold, Jennifer Semien, Donna Shotwell, lovely little girls. f Christine Simon, Lisa Stokes, Eric Stromer, Tina Stutes, Monique Taylor, Shawne Taylor, f TRIBUTE TO BOB SANCHO Krystal Theriot, Lyndelle Theriot, Nikki Thevis, TRIBUTE TO DENNIS UNDERWOOD ´ Patricia Thibodeaux, Charlene Trahan, Kathy HON. JOSE E. SERRANO Verrette, Gwen Vice, Melanie Voison, Mar- HON. KEN CALVERT OF NEW YORK garet Walet, Leslie Willis, and Wendy Wisdom. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA f Tuesday, November 15, 2005 IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Mr. Speaker, I rise today to CONDOLENCES TO PEOPLE OF Tuesday, November 15, 2005 JORDAN pay tribute to Mr. Robert Sancho, an out- Mr. CALVERT. Mr. Speaker, I rise today to standing individual and a dear friend who has HON. MARK STEVEN KIRK recognize and honor a man who will long be dedicated many years of service to empow- remembered for his extraordinary leadership ering the people of my community. Tonight the OF ILLINOIS and the significant contributions he made to Citizens Advisory Board will recognize him for IN THE HOUSE OF REPRESENTATIVES the western states of our Nation. Dennis his many achievements in the City of New Tuesday, November 15, 2005 Underwood served his country in many capac- York. Mr. KIRK. Mr. Speaker, I want to offer my ities and dedicated the better part of the past Bob was born and raised in the South deepest condolences to the people of Jordan 35 years as an influential leader of water pol- Bronx. He is a product of the New York City

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Public School system and went on to com- Born in Loomis, California, Ms. Duckles was Rep. JOHN SWEENEY, a resolution urging the plete a Bachelor of Arts Degree at the Inter- the youngest of five children. After her older President to declare January 2006 Winter American University in San German, Puerto siblings left for school, Madeline went to live Sports Month. Rico specializing in Education and Political with her school music teacher in a household This resolution notes the increase in adult Science. As an undergraduate Bob was filled with opportunities to read books, learn and childhood obesity along with the negative awarded a Minority Urban Education Scholar- music, and explore the outdoors. In this consequences of extremely overweight and ship and completed a Teaching Fellowship in household she was encouraged to attend a obese people, including a decrease in the av- both Urban and Rural School Districts on the university despite the opposition of her father, erage life span and rising health care costs Island of Puerto Rico. He received a scholar- who felt that sending a girl to college was a stemming from obesity related illness. It also ship to the prestigious Graduate School of waste of money. Ms. Duckles nonetheless includes the role winter sport activities can Urban Affairs at Hunter College where he went on to attend college, graduating in 1937. play in addressing obesity and the positive ef- completed his Masters of Science Degree. At that time Ms. Duckles also became in- fects of participating in physical activity. It re- Throughout his career Bob has held posi- volved at the local YWCA, which at that time solves that the House of Representatives urge tions of great importance in the City of New was the only place where she was able to dis- the President to declare January 2006 Winter York and has demonstrated his ability to work cuss social issues. She received much of her Sports Month. extremely well under pressure. As Deputy Su- early political education through the time she Alpine skiing, snowboarding, snowshoeing perintendent of Schools in Community School spent there, which coincided with the Spanish and cross country skiing, not only offer excel- District Number 4, he took the district from last Civil War and a high incidence of labor strikes lent aerobic and anaerobic exercise but they place (32nd) in reading and math to 13th on the domestic front. also are activities that allow an entire family to among New York City School districts. This Upon her graduation, Ms. Duckles left Cali- play together in a natural environment. Colder feat was achieved over a 7 year period and fornia for New York City, where she married temperatures and snow should not deter out- was considered one of the most successful Vincent Duckles, who was doing graduate door activities. educational accomplishments in America. work at Columbia. Over the next several years ‘‘Winter Outdoors Month’’ would remind citi- During the 1960s Bob was successful in or- they moved around to several different states zens of the importance to maintain a con- ganizing the East Harlem Community against while Vincent completed his studies and they sistent exercise program and healthy lifestyle attempts by the Mayor to close down Metro- both worked a number of jobs, working at dif- all year twelve months out of the year. Winter politan Hospital Center which provided much ferent times as teachers, in retail service and sports offer unique opportunities to allow all needed services to the people of that commu- other industries. Americans a chance to be together outside, nity. Eventually they returned to Berkeley, Cali- enjoy the season. fornia, which is where Ms. Duckles became In 1981 Bob was appointed Vice President f of Development and External Affairs at Bronx active in WILPF. Still outraged at the Japa- Lebanon Hospital Center, the second largest nese internment and the use of atomic weap- CONGRESSIONAL RECOGNITION OF medical facility in the Bronx. During his 23 ons against Japan in World War II, she was ORENE SCHWEINLE JORDAN year tenure at the hospital, Bob was an impor- part of a group of women who in 1961 went tant catalyst in securing over 240 million dol- on strike across the country to protest atmos- HON. RON PAUL lars in New York State guaranteed Bonds. pheric nuclear tests. Another issue of growing OF TEXAS These bond issues financed the construction concern among these women was the increas- IN THE HOUSE OF REPRESENTATIVES ing involvement of the United States in Viet- of three new buildings and provided for the re- Tuesday, November 15, 2005 habilitation of the existing hospital buildings. In nam, an issue regarding which Ms. Duckles addition his department has raised approxi- would become progressively more active in Mr. PAUL. Mr. Speaker, I rise today to pay mately $15 million during the last several years to come. tribute to Mrs. Orene Schweinle Jordan on the years for various hospital programs. Even with five children to care for, Ms. occasion of her 100th birthday. Mrs. Jordan is Mr. Speaker, what makes Bob such a Duckles devoted immeasurable amounts of a great example of the determination and unique an incredible person is that he is will- time and energy into the movement for peace dedication the citizens of America possessed ing to put his knowledge and skills to work for and justice in the years that followed. She at- in striving to improve their lives and the lives causes that help everyday people. Such self- tended meetings with the World Council of of their family members during the stressful lessness is hard to find in today’s world. The Peace in Europe and Asia, and even went on years of the early 1900’s. She has seen first- great work that Bob does at the Bronx Leb- a speaking tour through Germany, Austria, hand this great country develop from the anon Hospital Center inspires me to work Switzerland and Italy. Even following the Viet- horse-and-buggy era to the age of Internet. harder in Washington for the people of the nam War, Ms. Duckles has remained an out- Born in a remote area of rural Texas on De- Bronx. It is my hope that he will continue to spoken advocate for peace and justice for all cember 4, 1905 into a family of seven chil- work to empower and protect those who need people throughout the world, continuing to dren, Mrs. Jordan had limited formal education it most. travel and host international delegations of and learned early that hard work and self-im- For his unyielding spirit and selfless dedica- visitors to the United States as well. provement were her only avenues to a better This week Ms. Duckles’ friends and family tion to the citizens of New York, I ask that my life. She developed the philosophy that, ‘‘You come together to celebrate her many years of colleagues join me in paying tribute to Mr. Bob can do anything if you set your mind to it and activism, and the immeasurable impact she Sancho as he is recognized for his many never quit.’’ That philosophy has sustained her has had on our community. On behalf of the achievements by the board of the Citizens Ad- to age 100 and she has set an example for California’s 9th U.S. Congressional District, I vice Board. her children and those around her. salute and thank Madeline Duckles for her f Mrs. Jordan has been an outstanding moth- many years of work toward creating a peace- er to her children and is the recognized force HONORING MADELINE DUCKLES ful world for all. that molded their lives. Her son, Don D. Jor- f dan, became Chairman & Chief Executive Of- HON. BARBARA LEE WINTER OUTDOORS MONTH ficer of Houston Lighting & Power Company, OF CALIFORNIA RESOLUTION Houston Industries, and Reliant Energy in IN THE HOUSE OF REPRESENTATIVES which capacity he served for 23 years. He also served as the International President of Tuesday, November 15, 2005 HON. MARK UDALL the World Energy Council in London, England. OF COLORADO Ms. LEE. Mr. Speaker, I rise today to honor Mrs. Jordan’s daughter, Shirley A. Jordan IN THE HOUSE OF REPRESENTATIVES the extraordinary life and work of Madeline Flanagan, perhaps made the biggest contribu- Duckles of Berkeley, California. A longtime Tuesday, November 15, 2005 tion as she energized young lives while serv- peace activist and community leader, Ms. Mr. UDALL of Colorado. Mr. Speaker, as ing as an elementary school teacher in the Duckles will soon celebrate her 90th birthday, obesity and the associated health risks con- public schools of Texas for 35 years. an occasion which will coincide with the 90th tinue to increase it is important to encourage Married to W.G. Jordan for 60 years, Mrs. Anniversary of a group in which she has been American’s of all ages to participate in phys- Orene Jordan was always a working partner. active for several decades, the Women’s Inter- ical activity all year long. When the family moved from a small town in national League for Peace and Freedom To help spread this message, today I am in- south Texas, they opened a small grocery (WILPF). troducing with my colleague from New York, store in La Marque, Texas even though they

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.032 E15NOPT1 E2364 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 had no real business experience. Mrs. Jordan panics, Puerto Ricans, the Caribbean and 1988, Norman has exceeded its proportional put her ‘‘hard work’’ philosophy into action by Latin America. allocation 12 separate years. Today, all pro- working 12 hours a day, 7 days a week to Mr. Speaker, Joe was a tireless leader, jections show that the annual allocation af- make her family’s business thrive. In 1956, Mr. brimming with vision, energy and ideals. He forded Norman will always be exceeded with- and Mrs. Jordan sold their store and started a was a mentor, a teacher, a friend, and, most out additional supplies being made available. cattle ranch in Van Vleck, Texas in Matagorda importantly, the source of inspiration to count- It is anticipated that the two other communities County. less leaders. The institutions that he touched served by Lake Thunderbird may also need Mrs. Jordan still lives on the ranch, which were forever marked as they reached new additional water in the future. she has helped operate for the past 49 years. heights of service and dedication to worthy Appraisal level studies initiated by the Bu- During that time, she has developed as an art- causes. reau of Reclamation in Fiscal Year 2003 sup- ist, written several short stories, built her own Joe’s legacy of service to others and his port the need for additional water supplies to furniture, become a recognized horticulturist, valuable contributions in all sectors of society meet the region’s future needs. This provision been active in her church, and touched the will be sorely missed but his legacy lives on. was included in the Senate bill to enable the lives of numerous people. I would like to extend my deepest sympathy Bureau of Reclamation, in partnership with the Above all else, Orene Jordan is a patriot. to Joe’s family, colleagues, friends, and all OWRB, the COMCD and its member cities, to She loves America and has never wavered those whom he touched by his life and exam- initiate a more in-depth feasibility-level study from honesty, personal integrity, respect for ple. of alternatives to augment the water supplies the rule of law, and consideration of others. Mr. Speaker, Joe Monserrat was an uncom- of the COMCD and its member cities. I look She has made the United States of America, mon leader on the many different issues that forward to working with the Chairman and the Texas and Matagorda County a better place, he addressed during his life. He truly showed Bureau of Reclamation to identify any unobli- and she is not finished yet! the way for many Puerto Ricans and His- gated balances within the Bureau’s budget f panics who followed in his footsteps in New that may be released to initiate this study. York City and in the nation. Joe could truly be f IN MEMORY AND TRIBUTE TO called one of the leading lights of the Hispanic JOSEPH MONSERRAT HONORING THE LIFE AND ACCOM- community in the United States, and his com- PLISHMENTS OF VICE ADMIRAL ´ mitment to public service should be honored. ARTHUR K. CEBROWSKI, UNITED HON. JOSE E. SERRANO Fortunately through his leadership, he created STATES NAVY, RETIRED OF NEW YORK a generation of people who will ensure that his IN THE HOUSE OF REPRESENTATIVES vision for the betterment of the Puerto Rican HON. MAC THORNBERRY Tuesday, November 15, 2005 and Hispanic community will not be lost. Mr. Speaker, I am glad to report that even OF TEXAS Mr. SERRANO. Mr. Speaker, it is difficult to with his passing, his light was not extin- IN THE HOUSE OF REPRESENTATIVES bid farewell to friends and mentors, especially guished; instead it will shine stronger than Tuesday, November 15, 2005 those who have worked so hard and given so ever among all those he inspired. I ask my Mr. THORNBERRY. Mr. Speaker, I rise to much to their communities and to our Nation. colleagues to join me and all who had the pay tribute to a visionary leader, a dedicated Mr. Speaker, I rise today in memory of and privilege of knowing Joe Monserrat in paying naval officer, and a true gentleman. Vice Ad- tribute to Joseph Monserrat, who passed away tribute to him for serving his community and miral Arthur K. Cebrowski passed away on this week. our nation with uncommon wisdom, generosity November 12, 2005 after a lengthy illness and Joe spent his life in public service, both to and dignity. a lifetime of service to this Nation. his community and to his people. He was born f Most recently, Vice Admiral Cebrowski in Bayamon, Puerto Rico, and like so many of served as the Director of the Office of Force his generation, moved at a very young age to CONFERENCE REPORT ON H.R. 2419, Transformation in the U.S. Department of De- the United States. He attended public schools ENERGY AND WATER DEVELOP- fense. He was charged with helping transform and some of New York’s most prestigious uni- MENT APPROPRIATIONS ACT, the Nation’s military capabilities from the post- versities. 2006 Cold War Industrial Age to a more agile Infor- Joe served honorably in the Army Air Force, mation Age military force. But his legacy is SPEECH OF and upon returning, began his long career of much greater than just the leader of an office public service. He quickly rose to positions of HON. TOM COLE within the Pentagon. leadership in all his undertakings, making a OF OKLAHOMA Admiral Cebrowski was, for many years, a significant mark as Director of the New York IN THE HOUSE OF REPRESENTATIVES driving force for change—an intellectual whose office and Deputy National Director of the Mi- ideas mattered and found their way into the gration Division of the Puerto Rican Depart- Wednesday, November 9, 2005 battlespace, the hands of the troops, and the ment of Labor. Mr. COLE of Oklahoma. Mr. Speaker, as nooks and crannies of the Pentagon. It was This agency helped assist and smooth the you know, the Senate version of the Fiscal Vice Admiral Cebrowski who first introduced transition for Puerto Ricans resettling in the Year 2006 Energy and Water Appropriations the idea of Network Centric Warfare, now a United States by working to increase employ- Act included a provision authorizing the Bu- critical term of art in military strategy. It was ment and business opportunities, increasing reau of Reclamation to work in cooperation Vice Admiral Cebrowski whose ideas on de- the number of major corporations that had em- with the Oklahoma Water Resources Board fense procurement are changing the types and ployment programs for Puerto Ricans, and (OWRB), the Central Oklahoma Master Con- quantities of ships the Navy buys and how the other vital services. After eight years in this servancy District (COMCD), and local entities Department of Defense will buy satellites and capacity, because of his hard work and talent, to initiate a Water Supply Augmentation Feasi- services in the future. It was Vice Admiral Joe was promoted to National Director of the bility Study at Lake Thunderbird near Norman, Cebrowski who identified the need to move Division, where he served for another nine Oklahoma, and appropriating $300,000 to the technology more quickly into the hands of the years. Bureau to initiate this study. Unfortunately, war fighter. He was able to push innovative Under his leadership, this agency was to due to current fiscal constraints and the dif- equipment and tools to the troops for oper- become one of the most important national or- ficult decisions that had to be made in light of ational experimentation during the War on Ter- ganizations devoted to the cause of helping these constraints, the conferees were forced rorism. Puerto Ricans gain a foothold in the United to remove this provision in the final conference While intellectual honesty and vision were States. He later turned his attention to edu- report. his trademark, he was also able to express cation, serving on the New York City Board of Mr. Speaker, since its construction in 1965, those ideas in simple and understandable Education in the early 1970s and later teach- Lake Thunderbird has served as a reliable terms to others. As the Director of Force ing. source of municipal and industrial water for Transformation and as President of the Naval In his spare time, Joe served on the boards three communities in my district, including War College in Newport, Rhode Island, he of many prominent civil rights organizations as Norman. Preliminary findings by the OWRB was able to share his vision to educate and well as service with many labor-related organi- and the City of Norman indicate that the City’s shape a new generation of leaders. It was a zations. He also spent a great deal of time re- water demands will exceed its current com- vision based on combat experience in Vietnam searching and writing some of the most influ- bined supply from groundwater and Lake and Desert Storm and as a commanding offi- ential scholarly works on issues affecting His- Thunderbird within 5 years. In fact, since cer of fighter squadrons and ships.

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.035 E15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2365 It is not often that a nation is blessed with The career of Dick Tschider is an example Let me begin by saluting John Gillis, the Di- a great military leader whose powerful ideas of leadership and achievement in service to rector of the U.S. Department of Justice Office make lasting and important contributions to others. I wish him the best in retirement. for Victims of Crime. John knows too well the the future. Sometimes it is only through the f impact of crime on victims. When he was an passage of time and history that their great- LAPD detective almost 30 years ago, his ness is recognized fully. After some decades, AMERICA’S UNSUNG HEROES—THE beautiful daughter Louarna was murdered by Rear Admiral William A. Moffett eventually be- CRIME VICTIM ADVOCATES gang members in a vicious ‘‘kill a cop’s kid’’ came known as the father of naval aviation. murder that would move them up the gang hi- Admiral Hyman G. Rickover was recognized HON. TED POE erarchy. as the father of the nuclear Navy. I believe OF TEXAS John and his wife Patsy reacted to that Vice Admiral Arthur K. Cebrowski will be- IN THE HOUSE OF REPRESENTATIVES Louarna’s death as so many crime victims and survivors do. They became activists to change come known as the father of a network centric Tuesday, November 15, 2005 military, and students of warfare and peace- how our criminal justice system treats victims, making will study his ideas and marvel at his Mr. POE. Mr. Speaker, each and every and change how our society views victims. contributions for decades to come. Member of Congress has crime victim advo- John has spent the last three decades fighting cates in his or her District. It’s likely you hear for crime victims’ rights, and does so now at f from them now and again, particularly when the helm of the Office for Victims of Crime, TRIBUTE TO DICK TSCHIDER critical funding for crime victim services is at considered the ‘‘mother ship’’ of victim assist- stake—like the Administration’s proposal to ance in America. John has become a friend HON. EARL POMEROY drain the Crime Victim Fund to balance the and someone whom I admire and deeply respect. He is our nation’s leading ‘‘victim advo- OF NORTH DAKOTA budget—or you may hear from them when cate’’ and crime victims everywhere in Amer- IN THE HOUSE OF REPRESENTATIVES they plead that victims’ rights are enforced in accordance with the law. It’s also likely that ica are fortunate to have him at the Office for Tuesday, November 15, 2005 you have an inkling of what these folks do for Victims of Crime. Mr. POMEROY. Mr. Speaker, I rise this a living. But I’m pretty sure that you don’t Next, I would like to recognize the Directors evening to recognize the remarkable career of know just how much victim advocates are the of the two national associations that help one of the all-time leaders in North Dakota ‘‘unsung heroes’’ of America today. states manage funding for victim services and healthcare. Back when I was a prosecutor in the great victim compensation. Dick Tschider, CEO of the St Alexius Med- state of Texas, we didn’t have ‘‘victim advo- Steve Derene is the Director of the National ical Center in Bismarck, North Dakota, for the cates.’’ There was nobody to provide the vic- Association of VOCA Assistance Administra- past 29 years, is retiring from this position. He tim with support and guidance. The criminal tors. Back in 1984, he helped craft the Victims has devoted his entire career to this out- and juvenile justice systems were like a maze of Crime Act, which uses fines and fees as- standing facility, joining it right out of college, to them and, let me tell you, the laboratory sessed against convicted Federal offenders to 45 years ago. mice did a lot better in finding the cheese! support crime victim services. He has been a We all know about the revolution in health Crime victims were lost. Crime victims were true advocate for victims in Wisconsin and, in care that has occurred during the last four and forgotten. Crime victims were merely ‘‘evi- the past five years, for victims across our na- a half decades. Under Dick Tschider’s leader- dence’’ used to successfully prosecute crimi- tion. He is known as ‘‘Stevie Wonder’’ be- ship, St. Alexius has grown dramatically during nal cases. Crime victims were ‘‘re-victimized’’ cause he, more than most, has embraced this period, and is now recognized throughout on a daily basis by a system that should be technology as a means to facilitate more ef- the region as one of the premier multi-spe- designed to protect them. fective justice processes and victim assist- cialty hospitals in the area. At the end of my days as a prosecutor and ance; and because it seems he is on call 24/ In fact, when ranked in terms of quality of the beginning of my days as a judge, I started 7 to help victims and those who serve them. care and patient safety, it is one of the top to see these folks called ‘‘victim advocates’’ in Dan Eddy is the Director of the National As- sociation of Crime Victim Compensation 100 hospitals in the entire country. Several as- court. Back then, their job was to notify victims Boards. Dan is a quiet, unassuming victim ad- pects of St. Alexius care—notably cardiac of the status of their cases and offenders, and vocate, but the impact of his work is far-reach- care—are exceptional, as determined by the explain to them what is often an overwhelming ing. Under his direction, victims of crime in all competitive analysis of external reviewers. criminal justice process. But if you listened to of our Districts have received millions of dol- It has been my personal and professional victims back then, they would tell you that lars—again, not from taxpayers but from con- privilege to know Dick and work closely with their advocates were so much more. They victed offenders—to help them cope with the him during the last 20 years as I served as were a ‘‘Rock of Gibraltar’’ in a rocking sea of financial impact of crime. Dan Eddy is truly an North Dakota’s Insurance Commissioner and confusion. They were there to hold their hands ‘‘unsung hero’’ whose efforts are felt in states, Congressman. Dick was an exceptional foot- and provide comfort. They were, as one pros- communities, neighborhoods and homes ball player and he would throw himself into ecutor from Texas last month noted, ‘‘the cen- across America each and every day. healthcare reimbursement issues with the zeal terpiece of the courtroom’’ when it came to The Presidents of both Associations—Joe and intensity he formerly used against gridiron helping crime victims and witnesses. Hood from Georgia and Larry Tackman from opponents. I was privileged earlier this month to deliver New Mexico—also deserve mention. These During the years of our working relationship, a keynote speech at the National Conference are two men with a true vision for the field of sometimes we agreed, sometimes we didn’t, of State VOCA Assistance and Crime Victim crime victim services. When they are not man- but we maintained a constructive and produc- Compensation Administrators in New Mexico. aging their state VOCA and compensation tive association throughout all of these years. These are folks that, every single minute of programs, they are working hard to promote This relationship led to a very significant every single day, are on ‘‘the front line for vic- strength and unity in victim services across achievement for North Dakota in the Medicare tims of crime.’’ There were over 300 ‘‘victim our land. With their respective Boards of Di- Modernization Act passed 2 years ago. Dick advocates’’ in the house, and I think it is well rectors, they put on a fine conference, and de- and other leading members of the medical worth the time of the U.S. Congress to recog- serve our thanks. community convincingly documented the nize them. I am guessing ya’ll have attended events threat discounted Medicare reimbursements You should know about the remarkable vic- where everything ran very smoothly. I can as- held for healthcare—especially in North Da- tim advocates who spent the last year plan- sure you this doesn’t happen by ‘‘accident.’’ kota. Senator CONRAD, Senator DORGAN and I ning this conference, and spent some really So let me tip my hat to Ms. Gillian Nevers, fought to get an equitable reimbursement ad- quality time learning from each other about who had an illustrious career as a Wisconsin justment in the Medicare Modernization Act how to better help crime victims. For 4 days, victim advocate, and who earlier this month fa- and then worked feverishly to pass the bill state-level victim advocates who oversee fund- cilitated one of the best victim assistance which made it by the slimmest margins. ing for vital victim services, and manage state training conferences ever. Dick Tschider is an energetic and compas- victim compensation programs that help vic- And now I’d like to introduce you to some sionate man of considerable abilities. Western tims recover from the financial losses resulting wonderful victim advocates from New Mexico, North Dakota has been fortunate to have from crime, came together to teach each and know that my colleagues from New Mex- someone of his talent and commitment ad- other, and learn from each other, and figure ico join me in thanking them. These are the vancing healthcare in our region. I have been out ways to improve assistance to crime vic- folks who not only put on the conference I at- fortunate to have him as a friend. tims in ALL our Districts. tended, but also help victims of their state

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.038 E15NOPT1 E2366 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2005 every day, in ways large and small. These are istration, FDA, from preventing prescription COMMENDING THE SUPPORT PRO- people for whom compassion is part of their drug reimportation—was stripped in con- VIDED BY EMPLOYERS OF MEM- DNA. Let me introduce you to the staff of the ference committee for a third year in a row. It BERS OF THE NATIONAL GUARD New Mexico Crime Victims Reparation Com- is unacceptable for anyone to suffer because AND RESERVES mission: Kristy Ring, Deputy Director; Robin prescription drugs have become too expen- Brassie, VOCA Administrator; Sheila Allen, sive, and it is disappointing that once again VAWA Administrator; Julie Duren, Reparation Congress has prioritized pharmaceutical com- HON. RAHM EMANUEL Officer Supervisor; Terri Ruegger, Financial & panies over families. HR Officer; Dorothy Padilla; Randy Vallejos; OF ILLINOIS This bill also imposes further delays upon Debra Yepa; Jacqueline Chavez; Denise implementation of mandatory Country-of-Origin IN THE HOUSE OF REPRESENTATIVES Jaramillo; Mary Anne Garcia; Michele Threlkel; Labeling, COOL, requirements. COOL pro- Moises Valdez; Paula Smith; Debra Simpson; Tuesday, November 15, 2005 vides our families with important information Suzanne Gallegos; Wendy Archibeque, and on meat, fish, fruits and vegetables. It also Robert Norfor. Mr. EMANUEL. Mr. Speaker, I rise today in gives U.S. producers credit for the consider- You are simply hearing their names. But I support of H.R. 302, recognizing and com- able investment they make in the quality and had the chance to meet them, and want you mending the support provided by the employ- safety of their products. The 2002 Farm Bill to know that our Nation is a better place be- ers of members of the National Guard and required mandatory labeling by 2004. but the cause of their ongoing commitment to helping other reserve divisions who have been mobi- fiscal year 2004 Agriculture Appropriations Act victims of crime. lized during the Global War on Terror. delayed implementation of COOL to 2006. And that’s just the way it is. This conference report further delays imple- More than 433,000 members of the reserve f mentation of COOL until 2008. components of the United States Army have been mobilized for active duty since Sep- THE CONFERENCE REPORT ON THE FISCAL YEAR 2006 AGRI- f tember 11, 2001. During this difficult time for CULTURE, RURAL DEVELOP- them and their families, the commitment of MENT, FOOD AND DRUG ADMIN- CONFERENCE REPORT ON H.R. 2419, their employers is essential. The obligations of ISTRATION, AND RELATED ENERGY AND WATER DEVELOP- the National Guard and other reserve compo- AGENCIES APPROPRIATIONS ACT MENT APPROPRIATIONS ACT, nents will continue for years to come, and job (H.R. 2744) 2006 security and support for those who are mobilized in defense of our nation is crucial for the country in continuing the War on Terror. HON. BETTY MCCOLLUM SPEECH OF OF MINNESOTA In my home town of Chicago, many employ- IN THE HOUSE OF REPRESENTATIVES HON. BARBARA LEE ers have demonstrated their commitment to the safety of the nation and to those who fight Tuesday, November 15, 2005 OF CALIFORNIA to secure it. When National Guard employees Ms. McCOLLUM of Minnesota. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES of Chicago law firm Bell, Boyd & Lloyd learned I rise in opposition to the Conference Report they would be deployed, the firm responded on the fiscal year 2006 Agriculture Appropria- Wednesday, November 9, 2005 by asking how it could help. Whether the need tions Act. While this bill takes some positive was for supplying care packages to the troops Ms. LEE. Mr. Speaker, I rise in support of steps, overall it is a missed opportunity. or redoubling their support as deployments this conference report. This bill provides increased funding for crit- were extended, this firm has provided tremen- ical food assistance programs, including I would first like to thank the Chairman of dous assistance to its employees and their Women, Infants and Children, WIC, and the Subcommittee, Mr. HOBSON, and the families. school lunch. The conference report also up- Ranking Member, Mr. VISCLOSKY, for their Doug Ewing, the former president of Ewing- holds current adjunctive eligibility requirements work in putting together the Energy and Water Doherty Mechanical, Inc., left a strong legacy for WIC and Medicaid. This will save local Appropriations Bill, and in negotiating with the WIC agencies in six states, including Min- Senate on this conference report. of support for our troops. When his employees nesota, from having to conduct 275,000 dupli- were deployed, Mr. Ewing supplied them with I also want to thank both of them for includ- cative eligibility determinations and keep re- necessary provisions and equipment. He also ing $48 million in the conference report to con- sources devoted to nutrition assistance. frequently contacted his employees’ families in tinue funding the Port of Oakland’s 50-foot Voluntary conservation programs that I sup- order to boost their morale and ensure that dredging project in my district in California, port, such as the Conservation Reserve Pro- they were provided with any necessary assist- and for including $5,585,000 for Operations gram, CRP, and the Wetlands Reserve Pro- ance. Mr. Ewing has sadly passed away, but and Maintenance. gram, WRP, receive $840 million in funding. his commitment and compassion will long be For generations, farmers and others working As the fourth largest container port in the remembered by his employees and their fami- close to the land have made positive contribu- country, the Port of Oakland serves as one of lies. tions to the conservation effort. Programs like our premier international trade gateways to The Chicago Fire Departments and Chicago CRP and WRP assist landowners in reducing Asia and the Pacific. Police Department also merit recognition for erosion, improving soil and water quality, and The 50-foot dredging project will underpin the support they give to their employees who enhancing fish and wildlife habitat. an $800 million expansion project funded by have been mobilized during the War on Terror Funding for the Animal and Plant Health In- the Port that will improve infrastructure, ex- and their families. These employers have spection Service, APHIS, is increased to ad- pand capacity and increase efficiencies shown themselves to be dedicated to the se- dress food safety and emerging diseases, throughout the distribution chain. curity of the nation, and have provided support namely avian influenza. Prompt action is beyond that which is required. They deserve needed to safeguard against further spread of Once this project is finished, the Port projects that an additional 8,800 jobs will be our most sincere recognition and gratitude. I this deadly strain and to be prepared for a po- would like to offer my praise for their contribu- tential outbreak at home or abroad. added, business revenue will increase by $1.9 tions, and encourage the Department of De- Despite these positive aspects, Congress billion, and local tax revenues will go up by fense to continue its efforts to maintain a high missed an opportunity to make a real dif- $55.5 million. Best of all, 100 percent of the level of support between deployed Guardsmen ference in the lives of families by failing to pro- dredged materials will be reused for wetlands and their employers. vide relief for the millions of Americans facing restoration, habitat enhancement, and upland soaring prescription drug prices. I supported use within the San Francisco Bay Area. Mr. Speaker, I am pleased to join my col- language passed by the House of Representa- I appreciate the Subcommittee’s support for leagues in recognizing and commending the tives to allow reimportation of prescription this project and I look forward to continuing to strong support provided by employers for drugs. Unfortunately, this language—which work with the chairman and ranking member those who work to secure the goals and safety would have barred the Food and Drug Admin- to complete it. of the United States.

VerDate Aug 31 2005 04:57 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.042 E15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2367 DESIGNATING THE ALBERT H. Post Office in Dennison, MN will carry his vision for education at meetings and con- QUIE POST OFFICE (H.R. 3989) name. Al Quie grew up on a farm outside of ferences. Dennison and attended school in nearby This devout Lutheran left another legacy in HON. BETTY McCOLLUM Nerstrand and Northfield. His family and the Congress when he helped start the Congres- OF MINNESOTA community he lived in instilled in him a sense sional Prayer Breakfast for his colleagues. IN THE HOUSE OF REPRESENTATIVES of service that is still with him today. Forty-seven years later, Members still enjoy this weekly tradition. Tuesday, November 15, 2005 Governor Quie led a distinguished career in Mr. Quie was elected to Congress in 1958 Ms. McCOLLUM of Minnesota. Mr. Speaker, many respects, one that was especially impor- and ten succeeding Congresses, but I remem- I rise in support of H.R. 3989, a bill to des- tant to me as a student living in his Congres- ber most fondly his election in 1972. The 26th ignate the U.S. Post Office in Dennison, Min- sional district. As a long-time member of the Amendment had just been ratified, giving me nesota as the ‘‘Albert H. Quie Post Office.’’ House Education Committee, he created a and other 18 year-olds the right to vote. I cast It is appropriate that we honor this special special legacy in the area of education and my vote for Albert Quie, a vote I am still proud Minnesotan, who served our great state and advocated tirelessly for quality education proof today. Nation in the U.S. Navy during World War II grams for America’s children. His leadership in Thank you for your fine service, Governor and as State Senator, Congressman, and Min- public education is still respected in Min- Quie, and for inspiring a spirit of service in nesota Governor. It is especially fitting that the nesota, where he is often asked to share his others.

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HIGHLIGHTS Senate passed National Defense Authorization bills. Senate Warner (for Ensign) Amendment No. 2527, to re- Chamber Action quire an annual report on the costs incurred by the Routine Proceedings, pages S12773–S12871 Department of Defense in implementing or sup- Measures Introduced: Eight bills and five resolu- porting resolutions of the United Nations Security tions were introduced, as follows: S. 2008–2015, and Council. Pages S12779–80 S. Res. 312–316. Page S12839 Warner (for Snowe) Amendment No. 2528, to provide for the Administrator of the Small Business Measures Reported: S. 705, to establish the Inter- Administration’s determination. Page S12780 agency Council on Meeting the Housing and Service Warner (for Snowe) Amendment No. 2529, to en- Needs of Seniors, with an amendment in the nature courage small business contracting in overseas proof a substitute. (S. Rept. No. 109–178) curements. Page S12780 S. 1869, to reauthorize the Coastal Barrier Re- Warner (for Snowe) Amendment No. 2530, to en- sources Act, with an amendment. (S. Rept. No. sure fair access to multiple-award contracts. 109–179) Page S12839 Page S12780 Measure Passed: Warner (for Snowe/Kerry) Amendment No. 2531, to address research and development efforts for pur- National Defense Authorization: By a unani- poses of small business research. Pages S12780–81 mous vote of 98 yeas (Vote No. 326), Senate passed Warner (for Kerry) Amendment No. 2532, to S. 1042, to authorize appropriations for fiscal year clarify that the Small Business Administration has 2006 for military activities of the Department of authority to provide disaster relief for small business Defense, for military construction, and for defense concerns damaged by drought. Page S12781 activities of the Department of Energy, to prescribe Warner (for Kerry) Modified Amendment No. personnel strengths for such fiscal year for the 1500, to require a strategy and report by the Sec- Armed Forces, after taking action on the following retary of Defense regarding the impact on small amendments: Pages S12777–S12810 businesses of the requirement to use radio frequency Adopted: identifier technology. Page S12779 Warner (for Dole) Modified Amendment No. Warner (for Bayh) Amendment No. 1518, to re- 1522, to provide training for defense acquisition quire lenders to include information regarding the workforce on the requirements of section 2533a of mortgage and foreclosure rights of servicemembers title 10, United States Code (commonly referred to under the Servicemembers Civil Relief Act. as the Berry Amendment) and the regulations imple- Page S12779 menting that section. Page S12779 Warner (for Lautenberg) Amendment No. 2533, Warner (for Smith) Amendment No. 2525, to to require the Secretary of Defense to maintain a provide for the temporary inapplicability of the website listing information on Federal contractor Berry Amendment to procurements of specialty met- misconduct, and to require a report on Federal sole als that are used to produce force protection equip- source contracts related to Iraq reconstruction. ment needed to prevent combat fatalities in Iraq and Page S12781 Afghanistan. Page S12779 Warner (for Collins) Amendment No. 1345, to Warner (for Hutchison/Nelson (FL)) Amendment provide for expedited action in bid protests con- No. 2526, to express the sense of the Senate with ducted under OMB Circular A–76. regard to manned space flight. Page S12779 Pages S12778, S12792–96 D1204

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1205 Warner (for Kennedy/Chambliss) Amendment No. Warner (for Allen) Amendment No. 2543, to ex- 2534, to provide for improved assessment of public- press the sense of the Senate with regard to aero- private competition for work performed by civilian nautics research and development. Page S12784 employees of the Department of Defense. Warner Amendment No. 2544, to modify the Pages S12781–82 limited acquisition authority for the commander of Warner (for Thomas) Modified Amendment No. the United States Joint Forces Command. 1468, relating to contracting in the procurement of Page S12784 certain supplies and services. Page S12778 Warner Amendment No. 2545, to authorize cer- Warner (for Allard) Amendment No. 1354, to au- tain emergency supplemental authorizations for the thorize the participation of members of the Armed Department of Defense. Pages S12784–85 Forces in the Paralympic Games. Page S12778 Warner (for Dayton) Amendment No. 2546, to Warner (for Inhofe) Amendment No. 2535, to ex- express the sense of the Senate on certain matters re- press the sense of Congress that the President should lating to the National Guard and Reserves. take immediate steps to establish a plan to address the military and economic development of China. Page S12785 Pages S12782–83 Warner (for Byrd) Amendment No. 2547, to au- Warner (for Leahy) Amendment No. 1902, to re- thorize the disposal of ferromanganese from the Na- quire a report on records maintained by the Depart- tional Defense Stockpile. Page S12785 ment of Defense on civilian casualties in Afghanistan Warner (for Reid) Amendment No. 2548, to im- and Iraq. Page S12779 prove the Armament Retooling and Manufacturing Warner (for Santorum) Amendment No. 1898, to Support Initiative. Page S12785 authorize the disposal and sale to qualified entities Warner Amendment No. 2549, to require the of up to 8,000,000 pounds of tungsten ores and con- Secretary of Defense to consult with appropriate centrates from the National Defense Stockpile. State and local entities on transportation, utility in- Page S12779 frastructure, housing, schools, and family support ac- Warner/Levin Amendment No. 2536, to require a tivities related to the planned addition of personnel report on the development and utilization by the or facilities to existing military installations in con- Department of Defense of robotics and unmanned nection with the closure or realignment of military ground vehicle systems. Page S12783 installations as part of the 2005 round of defense Warner Amendment No. 2537, to modify and ex- base closure and realignment. Page S12785 tend the pilot program on share-in-savings contracts. Warner (for Lott/Cornyn) Amendment No. 2550, Page S12783 to express the sense of the Senate on reversionary in- Warner Amendment No. 2538, to provide for the terests at Navy homeports. Page S12785 supervision and management of the Defense Business Warner (for Levin) Amendment No. 2551, to re- Transformation Agency. Page S12783 quire a report on claims related to the bombing of Warner (for Snowe) Amendment No. 1538, to the LaBelle Discotheque in Berlin, Germany. provide a termination date for the Small Business Pages S12785–86 Competitiveness Demonstration Program. Warner (for Kennedy/Feinstein) Amendment No. Page S12779 Warner (for Chambliss) Amendment No. 2539, to 2552, to provide that none of the funds authorized make available, with an offset, an additional to be appropriated to the Department of Energy $45,000,000 for aircraft procurement for the Air under this Act may be made available for the Robust Force for procurement of one C–37B aircraft. Nuclear Earth Penetrator. Page S12786 Page S12784 Warner (for Snowe/Collins) Amendment No. Warner (for Isakson) Amendment No. 2540, to 2553, to require the identification of environmental designate certain financial assistance for cadets at conditions at military installations closed or re- military junior colleges as Ike Shelton Early Com- aligned as part of the 2005 round of defense base missioning Program Scholarships. Page S12784 closure and realignment. Page S12786 Warner Amendment No. 2541, to modify eligi- Warner (for Snowe) Amendment No. 2554, to ex- bility for the position of President of the Naval press the sense of Congress that the Secretary of De- Postgraduate School. Page S12784 fense should not transfer any unit from a military in- Warner (for DeWine) Amendment No. 2542, to stallation that is closed or realigned until adequate provide an additional death gratuity to the eligible facilities and infrastructure necessary to support such survivors of servicemembers who died between Octo- unit and quality of life requirements are ready at the ber 7, 2001, and May 11, 2005, from noncombat- receiving location. Page S12786 related causes while on active duty. Page S12784

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 D1206 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2005 Warner (for Hagel) Amendment No. 2555, to ex- Warner (for McConnell) Amendment No. 2567, tend the period for which certain individuals in fam- to authorize the construction of battalion dining fa- ilies that include members of the Reserve and Na- cilities at Fort Knox, Kentucky. Page S12790 tional Guard do not have to reapply for supple- Warner/Levin Amendment No. 2568, to provide mental security income benefits after a period of infor a responsibility of the Joint Chiefs of Staff as eligibility for such benefits. Page S12786 military advisors to the Homeland Security Council. Warner (for Nelson (FL)) Amendment No. 2556, Page S12790 to urge the prompt submission of interim reports on Warner (for Salazar) Amendment No. 2569, to ex- residual beryllium contamination at Department of press the sense of the Senate on the lives saved by Energy vendor facilities. Page S12787 the Common Remotely Operated Weapons Station Warner (for Graham) Amendment No. 2557, to (CROWS) platform. Page S12790 require a report on an expanded partnership between Warner Amendment No. 2570, to include packet the Department of Defense and the Department of based telephony service in the Department of De- Veterans Affairs for the provision of health care serv- fense telecommunications benefit. Page S12790 ices. Page S12787 Warner (for Collins/Snowe) Amendment No. Warner (for Salazar) Amendment No. 2558, to 2571, to express the sense of the Senate to emphasize authorize grants for local workforce investment that financial assistance may be provided for the per- boards for the provision of services to spouses of cer- formance of activities by the Army National Guard tain members of the Armed Forces. Page S12787 without use of competitive procedures under stand- Warner Amendment No. 2559, to make available ard exceptions to the use of such procedures. $7,000,000 from Operation and Maintenance, De- Page S12790 fense-Wide, for the reimbursement of expenses re- Warner (for Durbin) Amendment No. 2572, to lated to the Rest and Recuperation Leave Programs. clarify that military reservists, who are released from Pages S12787–88 active duty and who are otherwise qualified, are eli- Warner (for Feingold) Amendment No. 2560, to gible for veterans preference in Federal hiring. require a report on the information given to individuals enlisting in the Armed Forces of the so-called Page S12790 ‘‘stop loss’’ authority of the Armed Forces. Warner (for DeWine) Amendment No. 2573, to require the Secretary of Defense to conduct a study Page S12788 Warner (for Byrd) Amendment No. 2561, to re- and submit a report on the feasibility of conducting quire preparation of a development plan for a na- a military and civilian partnership health care project. Page S12791 tional coal-to-liquid fuels program. Page S12788 Warner (for Craig) Amendment No. 2562, to Warner (for Snowe) Amendment No. 2574, to amend titles 10 and 38 of the United States Code, provide for a contracting incentive for small power to modify the circumstances under which a person plants on former military bases. Page S12791 who has committed a capital offense is denied cer- Warner/McCain Amendment No. 2575, to extend tain burial-related benefits and funeral honors. through 2010 the requirement for an annual report Page S12788 on the maturity of technology at the initiation of Warner (for Feingold) Amendment No. 2563, to major defense acquisition programs. Page S12791 require an annual report on the budgeting of the Warner (for Byrd) Amendment No. 2576, to au- Department of Defense related to key military thorize $4,500,000 for the Army National Guard for equipment. Page S12789 the construction of a readiness center at Camp Daw- Warner (for Martinez/Warner) Amendment No. son, West Virginia, to authorize $2,000,000 for the 2564, to improve the general authority of the De- Air National Guard for C–5 aircraft shop upgrades partment of Defense to accept and administer gifts. at Eastern West Virginia Regional Airport, Shepherd Page S12789 Field, Martinsburg, West Virginia, and to provide Warner (for McCain) Amendment No. 2565, to an offset. Page S12791 express the sense of the Senate on the applicability Warner Amendment No. 2577, to require a re- of the Uniform Code of Military Justice to members port on the effects of windmill farms on military of the reserve components of the Armed Forces on readiness. Pages S12791–92 inactive-duty training overseas. Page S12789 Warner Amendment No. 2578, to require a re- Warner (for McConnell) Amendment No. 2566, port on advanced technologies for nuclear power re- to facilitate the commemoration of the success of the actors in the United States. Page S12791 United States Armed Forces in Operation Enduring Warner (for Bayh) Amendment No. 2579, to re- Freedom and Operation Iraqi Freedom. quire quarterly reports on the war strategy in Iraq. Pages S12789–90 Page S12791

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1207 By 79 yeas to 19 nays (Vote No. 323), Warner/ National Defense Authorization: Committee on Frist Amendment No. 2518, to clarify and rec- Armed Services was discharged from further consid- ommend changes to the policy of the United States eration of H.R. 1815, to authorize appropriations for on Iraq and to require reports on certain matters re- fiscal year 2006 for military activities of the Depart- lating to Iraq. Pages S12796–98 ment of Defense, for military construction, and for By 84 yeas to 14 nays (Vote No. 325), Graham defense activities of the Department of Energy, to Amendment No. 2524 (to Amendment No. 2515), prescribe military personnel strengths for such fiscal in the nature of a substitute. Pages S12796, S12800–03 year, and the bill was then passed, after striking all Graham Amendment No. 2515, relating to the after the enacting clause and inserting in lieu thereof review of the status of detainees of the United States the text of S. 1042, Senate companion measure, as Government, as amended. Page S12804 amended and passed by the Senate. Pages S12811–12 Rejected: Senate insisted on its amendment, requested a By 40 yeas to 58 nays (Vote No. 322), Levin conference with the House thereon, and the Chair Amendment No. 2519, to clarify and recommend was authorized to appoint the following conferees on changes to the policy of the United States on Iraq the part of the Senate: Senators Warner, McCain, and to require reports on certain matters relating to Inhofe, Roberts, Sessions, Collins, Ensign, Talent, Iraq. Pages S12796–98 Chambliss, Graham, Dole, Cornyn, Thune, Levin, By 44 yeas to 54 nays (Vote No. 324), Bingaman Kennedy, Byrd, Lieberman, Reed, Akaka, Nelson Amendment No. 2523 (to Amendment No. 2515), (FL), Nelson (NE), Dayton, Bayh, and Clinton. to provide for judicial review of detention of enemy Page S12811 combatants. Pages S12798–S12800 A unanimous-consent agreement was reached pro- During consideration of this measure today, Senate viding that if the Senate receives a message with re- also took the following action: spect to S. 1042, 1043, 1044 and 1045, as passed A unanimous-consent request was granted permit- (listed above), the Senate disagree with the House on ting Senator Inhofe to change his yea vote to a nay its amendment or amendments to the Senate-passed vote on Vote No. 307 changing the outcome of the bill and agree to or request a conference, as appro- vote to 92 yeas to 6 nays relative to Nelson (FL) priate, with the House on the disagreeing votes of Amdt. No. 2424, to repeal the requirement for the the two Houses; and that the Chair be authorized to reduction of certain Survivor Benefit Plan annuities appoint conferees. Page S12811 by the amount of dependency and indemnity com- Feed America Thursday: Senate agreed to S. Res. pensation and to modify the effective date for paid- 314, designating Thursday, November 17, 2005, as up coverage under the Survivor Benefit Plan (adopt- ‘‘Feed America Thursday’’. Page S12869 ed on Tuesday, November 8, 2005). Lewis and Clark Bicentennial Anniversary: Department of Defense Authorization: Senate Senate agreed to S. Res. 315, to commemorate the passed S. 1043, to authorize appropriations for fiscal bicentennial anniversary of the arrival of Lewis and year 2006 for military activities of the Department Clark at the Pacific Ocean. Pages S12869–70 of Defense, to prescribe personnel strengths for such White House Fellows Program: Committee on fiscal year for the Armed Forces, after striking all the Judiciary was discharged from further consider- after the enacting clause and inserting in lieu thereof ation of H. Con. Res. 269, recognizing the 40th an- Division A of S. 1042, National Defense Authoriza- niversary of the White House Fellows Program, and tion, as passed. Page S12810 the resolution was then agreed to. Page S12870 Military Construction Authorization: Senate Pike Exploration Bicentennial Anniversary: passed S. 1044, to authorize appropriations for fiscal Committee on the Judiciary was discharged from year 2006 for military construction, after striking all further consideration of S. Res. 252, recognizing the after the enacting clause and inserting in lieu thereof Bicentennial Anniversary of Zebulon Montgomery Division B of S. 1042, National Defense Authoriza- Pike’s explorations in the interior west of the United tion, as passed. Page S12810 States, and the resolution was then agreed to. Department of Energy Defense Activities Au- Pages S12870–71 thorization: Senate passed S. 1045, to authorize ap- Heroes Earned Retirement Opportunities Act: propriations for fiscal year 2006 for defense activities Committee on Finance was discharged from further of the Department of Energy, after striking all after consideration of H.R. 1499, to amend the Internal the enacting clause and inserting in lieu thereof Di- Revenue Code of 1986 to allow members of the vision C of S. 1042, National Defense Authorization, Armed Forces serving in a combat zone to make as passed. Pages S12810–11 contributions to their individual retirement plans

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even if the compensation on which such contribution Amendments Submitted: Pages S12854–68 is based is excluded from gross income, and the bill Notices of Hearings/Meetings: Page S12868 was then passed, after agreeing to the following amendment proposed thereto: Page S12871 Authorities for Committees to Meet: Santorum (for Frist) Amendment No. 2580, to Pages S12868–69 make a technical correction. Page S12871 Privileges of the Floor: Page S12869 Commerce/Justice/Science Appropriations—Con- Record Votes: Five record votes were taken today. ference Report: Senate began consideration of the (Total—326) Page S12798, S12800, S12803, S12810 conference report to accompany H.R. 2862, making Adjournment: Senate convened at 9:45 a.m., and appropriations for the Departments of Commerce adjourned at 7:57 p.m., until 9:30 on Wednesday, and Justice, Science, and related agencies for the fis- November 16, 2005. (For Senate’s program, see the cal year ending September 30, 2006. Pages S12812–24 remarks of the Acting Majority Leader in today’s A unanimous-consent agreement was reached pro- Record on page S12871.) viding for further consideration of the conference report on Wednesday, November 16, 2005, with a vote to occur on adoption of the conference report. Committee Meetings Page S12812 (Committees not listed did not meet) Pension Security and Transparency Act Agree- ment: A unanimous-consent time agreement was DEFENSE ACQUISITION reached providing that following morning business, Committee on Armed Services: Subcommittee on Airland on Wednesday, November 16, 2005, Senate begin concluded a hearing to examine defense acquisition consideration of S. 1783, a bill to amend the Em- issues related to tactical aviation and Army pro- ployee Retirement Income Security Act of 1974 and grams, after receiving testimony from Katherine V. the Internal Revenue Code of 1986 to reform the Schinasi, Managing Director, Acquisition and pension funding rules; that the amendment in the Sourcing Management, Government Accountability nature of a substitute at the desk be agreed to as Office; Frank J. Anderson, Jr., President and Chief original text for the purpose of further amendment; Executive Officer, Defense Acquisition University, that the only amendments in order be offered by Department of Defense; John J. Hamre, Center for Senator Isakson, or his designee, on airline pension Strategic and International Studies, Washington, plans, and an amendment by Senator Akaka relative D.C.; and Gene H. Porter, Institute for Defense to pilots, to be limited to 30 minutes of debate di- Analyses, and Gary Christle, Center for Naval Anal- vided equally; that debate be limited to 2 hours di- yses, both of Alexandria, Virginia. vided equally, respectively; and that following dis- position of the amendments, the bill, as amended, be NOMINATION read a third time and the Senate vote on final pas- Committee on Banking, Housing, and Urban Affairs: sage of the bill. Page S12869 Committee concluded a hearing to examine the Messages From the President: Senate received the nominations of Ben S. Bernanke, of New Jersey, to following message from the President of the United be a Member and to be Chairman of the Board of States: Governors of the Federal Reserve System, after the Transmitting, consistent with section 2103(a)(1) nominee testified and answered questions in his own of the Trade Act of 2002, a report of the intention behalf. to enter into an agreement with the European Union, Japan, the Republic of Korea, and Taiwan on ALTERNATIVE AUTOMOTIVE FUEL tariff treatment for multi-chip integrated circuits; TECHNOLOGIES which was referred to the Committee on Foreign Re- Committee on Commerce, Science, and Transportation: lations. (PM–31) Page S12837 Committee concluded a hearing to examine public Messages From the House: Pages S12837–38 policy options for encouraging alternative automotive fuel technologies, focusing on gasoline consumption, Measures Read First Time: Page S12871 vehicles powered by hydrogen fuel cells, and the Executive Communications: Pages S12838–39 Corporate Average Fuel Economy (CAFE), after re- Additional Cosponsors: Pages S12839–40 ceiving testimony from Jeffrey N. Shane, Under Sec- retary of Transportation for Policy; Steven E. Plot- Statements on Introduced Bills/Resolutions: kin, Argonne National Laboratory, Department of Pages S12840–54 Energy; and Fred Webber, Alliance of Automobile Additional Statements: Pages S12836–37 Manufacturers, David Friedman, Union of Concerned

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Scientists, and Jason Grumet, National Commission TREATIES on Energy Policy, all of Washington, D.C. Committee on Foreign Relations: Committee concluded ENVIRONMENTAL MANAGEMENT a hearing to examine the Treaty Between the United PROGRAMS States of America and Japan on Mutual Legal Assist- Committee on Energy and Natural Resources: Committee ance in Criminal Matters, signed at Washington on concluded a hearing to examine a status report on August 5, 2003; including a related exchange of the Environmental Protection Management programs notes (Treaty Doc. 108–12), Treaty Between the of the Department of Energy, focusing on status of United States of America and the Federal Republic progress at DOE cleanup sites, after receiving testi- of Germany on Mutual Legal Assistance in Criminal mony from Senator Allard; James A. Rispoli, Assist- Matters, signed at Washington on October 14, ant Secretary of Energy for Environmental Manage- 2003, and a related exchange of notes (Treaty Doc. ment; and Nancy Tuor, Kaiser-Hill Company, LLC, 108–27), Extradition Treaty Between the United Broomfield, Colorado. States of America and the United Kingdom of Great Britain and Northern Ireland, and related exchanges NATIONAL PARKS BILLS of letters, signed at Washington on March 31, 2003 Committee on Energy and Natural Resources: Sub- (Treaty Doc. 108–23), and Protocol between the committee on National Parks concluded a hearing to Government of the United States of America and the examine S. 431, to establish a program to award Government of the State of Israel, signed at Jeru- grants to improve and maintain sites honoring Presi- salem on July 6, 2005 (Treaty Doc. 109–3), after re- dents of the United States, S. 505, to amend the ceiving testimony from Samuel M. Witten, Deputy Yuma Crossing National Heritage Area Act of 2000 Legal Adviser, Department of State; and Mary Ellen to adjust the boundary of the Yuma Crossing Na- Warlow, Director, Office of International Affairs, tional Heritage Area, S. 1288, to authorize the Sec- Criminal Division, Department of Justice. retary of the Interior to enter into cooperative agreements to protect natural resources of units of the NUCLEAR NONPROLIFERATION National Park System through collaborative efforts Committee on Homeland Security and Governmental Af- on land inside and outside of units of the National fairs: Subcommittee on Federal Financial Manage- Park System, S. 1544, to establish the Northern ment, Government Information, and International Plains National Heritage Area in the State of North Security concluded an oversight hearing to examine Dakota, S. Con. Res. 60, designating the Negro the current nuclear situation in Iran and the response Leagues Baseball Museum in Kansas City, Missouri, of the United States, focusing on the relationship beas America’s National Negro Leagues Baseball Mu- tween Iran’s pursuit of nuclear weapons and its sta- seum, S. 748 and H.R. 1084, bills to authorize the tus as a state-sponsor of terrorism, after receiving establishment at Antietam National Battlefield of a testimony from former Representative Gingrich; memorial to the officers and enlisted men of the former Senator D’Amato; R. James Woolsey, former Fifth, Sixth, and Ninth New Hampshire Volunteer Director, Central Intelligence Agency; Gary Samore, Infantry Regiments and the First New Hampshire John D. and Catherine T. MacArthur Foundation, Light Artillery Battery who fought in the Battle of Chicago, Illinois; and Ray Takeyh, Council on For- Antietam on September 17, 1862, and H.R. 2107, eign Relations, and Ilan Berman, American Foreign to amend Public Law 104–329 to modify authorities Policy Council, both of Washington, D.C. for the use of the National Law Enforcement Officers Memorial Maintenance Fund, after receiving testi- NOMINATIONS mony from Donald W. Murphy, Deputy Director, National Park Service, Department of the Interior; Committee on the Judiciary: Committee concluded a New Hampshire State Senator Bob Letourneau, Con- hearing to examine the nominations of Virginia cord; John Jordan O’Neil, The Negro Leagues Base- Mary Kendall, to be United States District Judge for ball Museum, Kansas City, Missouri; and Emily the Northern District of Illinois, who was introduced Wadhams, National Trust for Historic Preservation, by Senators Durbin and Obama, Kristi Dubose, to Washington, D.C. be United States District Judge for the Southern District of Alabama, and W. Keith Watkins, to be BUSINESS MEETING United States District Judge for the Middle District Committee on Finance: Committee ordered favorably of Alabama, who were introduced by Senators Shelby reported an original bill entitled ‘‘Tax Relief Act of and Sessions, after the nominees testified and an- 2005’’. swered questions in their own behalf.

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 D1210 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2005 House of Representatives certain land in Riverside County, California, and San Chamber Action Diego County, California, from the Bureau of Land Public Bills and Resolutions Introduced: 19 pub- Management to the United States to be held in trust lic bills, H.R. 4318–4336; and 6 resolutions, H. for the Pechanga Band of Luiseno Mission Indians; Con. Res. 297–299; and H. Res. 552, 554–555, Pages H10169–71 were introduced. Pages H10225–26 To amend the Omnibus Parks and Public Lands Additional Cosponsors: Pages H10266–27 Management Act of 1996 to allow certain commer- Reports Filed: Reports were filed today as follows: cial vehicles to continue to use Route 209 within H.R. 326, to amend the Yuma Crossing National Delaware Water Gap National Recreation Area Heritage Area Act of 2000 to adjust the boundary and to allow the National Park Service to continue of the Yuma Crossing National Heritage Area and to collect fees from those vehicles: H.R. 3721, to extend the authority of the Secretary of the Inte- amended, to amend the Omnibus Parks and Public rior to provide assistance under that Act, with Lands Management Act of 1996 to allow certain amendments (H. Rept. 109–294); commercial vehicles to continue to use Route 209 H. Res. 553, providing for consideration of the within Delaware Water Gap National Recreation bill (H.R. 1065) to establish the United States Box- Area and to allow the National Park Service to con- ing Commission to protect the general welfare of tinue to collect fees from those vehicles; Page H10171 boxers and to ensure fairness in the sport of profes- To authorize the Secretary of Agriculture to sional boxing (H. Rept. 109–295); and carry out certain land exchanges involving small H. Res. 515, a resolution of inquiry requesting parcels of National Forest System land in the the President of the United States to provide to the Tahoe National Forest in the State of California: House of Representatives certain documents in his H.R. 3981, to authorize the Secretary of Agriculture possession relating to the anticipated effects of cli- to carry out certain land exchanges involving small mate change on the coastal regions of the United parcels of National Forest System land in the Tahoe States, adversely (H. Rept. 109–296). Page H10225 National Forest in the State of California; Speaker: Read a letter from the Speaker wherein he Pages H10171–72 appointed Representative Gohmert to act as Speaker Northern Arizona Land Exchange and Verde pro tempore for today. Page H10163 River Basin Partnership Act of 2005: S. 161, to Recess: The House recessed at 10:50 a.m. and re- provide for a land exchange in the State of Arizona convened at noon. Page H10166 between the Secretary of Agriculture and Yavapai Recess: The House recessed at 12:15 p.m. and re- Ranch Limited Partnership—clearing the measure Pages H10172–76 convened at 2 p.m. Page H10167 for the President; Suspensions: The House agreed to suspend the rules To authorize the Secretary of the Interior to and pass the following measures: study the suitability and feasibility of designating Castle Nugent Farms located on St. Croix, Virgin Yakima-Tieton Irrigation District Conveyance Islands, as a unit of the National Park System: Act of 2005: H.R. 1564, to authorize the Secretary H.R. 318, to authorize the Secretary of the Interior of the Interior to convey certain buildings and lands to study the suitability and feasibility of designating of the Yakima Project, Washington, to the Yakima- Castle Nugent Farms located on St. Croix, Virgin Is- Tieton Irrigation, by a yea-and-nay vote of 420 yeas lands, as a unit of the National Park System; with none voting ‘‘nay’’, Roll No. 586; Pages H10176–77 Pages H10167–68, H10187–88 To redesignate the Ellis Island Library on the Franklin National Battlefield Study Act: H.R. third floor of the Ellis Island Immigration Mu- 1972, amended, to direct the Secretary of the Inte- seum, located on Ellis Island in New York Harbor, rior to conduct a special resource study to determine as the ‘‘Bob Hope Memorial Library’’: H.R. 323, to the suitability and feasibility of including in the Na- redesignate the Ellis Island Library on the third floor tional Park System certain sites in Williamson of the Ellis Island Immigration Museum, located on County, Tennessee, relating to the Battle of Frank- Ellis Island in New York Harbor, as the ‘‘Bob Hope lin; Pages H10168–69 Memorial Library’’, by a yea-and-nay vote of 419 Pechanga Band of Luiseno Mission Indians yeas with 1 voting ‘‘present’’, Roll No. 587; Land Transfer Act of 2005: H.R. 3507, to transfer Pages H10177–78, H10188–89

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1211 To amend the Yuma Crossing National Herit- products—referred to the Committee on Ways and age Area Act of 2000 to adjust the boundary of the Means and ordered printed (H. Doc. 109–70). Yuma Crossing National Heritage Area and to ex- Page H10187 tend the authority of the Secretary of the Interior Senate Message: Message received from the Senate to provide assistance under that Act: H.R. 326, today appears on page H10166. amended, to amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary Quorum Calls—Votes: Three yea-and-nay votes de- of the Yuma Crossing National Heritage Area and veloped during the proceedings today and appear on to extend the authority of the Secretary of the Inte- pages H10187–88, H10188–89 and H10189. There rior to provide assistance under that Act; were no quorum calls. Pages H10178–79 Adjournment: The House met at 10:30 a.m. and Agreed to amend the title so as to read: ‘‘A bill adjourned at midnight. to amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary of the Yuma Crossing National Heritage Area and for other Committee Meetings purposes.’’ Page H10179 FOREST SERVICE LITIGATION Federal Youth Coordination Act: H.R. 856, to Committee on Agriculture: Held a hearing to review reestablish a Federal Youth Development Council to cent litigation on Forest Service firefighting and for- improve the administration and coordination of Fed- est health efforts. Testimony was heard from Mark eral programs serving youth, by a yea-and-nay vote Rey, Under Secretary, Natural Resources and Envi- of 353 yeas to 62 nays, Roll No. 588; and ronment, USDA; and public witnesses. Pages H10179–82, H10189 Recognizing the 30th anniversary of the enact- METHAMPHETAMINE EPIDEMIC ment of the Education for All Handicapped Chil- ELIMINATION ACT dren Act of 1975 and reaffirming support for the Committee on Energy and Commerce: Ordered reported, Individuals with Disabilities Education Act so as amended, H.R. 3889, Methamphetamine Epi- that all children with disabilities have access to a demic Elimination Act. free appropriate public education in the least restrictive environment: H. Con. Res. 288, recog- TRADE IN SERVICES nizing the 30th anniversary of the enactment of the Education for All Handicapped Children Act of Committee on Financial Services: Subcommittee on Do- 1975 and reaffirming support for the Individuals mestic and International Monetary Policy, Trade, with Disabilities Education Act so that all children and Technology held a hearing on Increasing Effi- with disabilities have access to a free appropriate ciency and Economic Growth Through Trade in Fi- public education in the least restrictive environment. nancial Services. Testimony was heard from Christine Bliss, Acting Assistant U.S. Trade Representative, Pages H10182–85 Services and Investment; Clay Lowery, Assistant Sec- Suspensions—Proceedings Postponed: The House retary, International Affairs, Department of the completed debate on the following measure under Treasury; and public witnesses. suspension of the rules. Further consideration will continue tomorrow, November 16th. GULF WAR VETERANS ACT Child Medication Safety Act of 2005: H.R. IMPLEMENTATION 1790, amended, to protect children and their parents Committee on Government Reform: Subcommittee on from being coerced into administering a controlled National Security. Emerging Threats and Inter- substance or a psychotropic drug in order to attend national Relations held a hearing entitled ‘‘Exam- school. Pages H10185–87 ining VA Implementation of the Persian Gulf War Recess: The House recessed at 3:46 p.m. and recon- Veterans Act of 1998.’’ Testimony was heard from vened at 6:30 p.m. Page H10187 James P. O’Callaghan, M.D., Centers for Disease Control and Prevention, National Institute for Occu- Presidential Message: Read a message from the pational Safety and Health, Department of Health President whereby he notified the Congress of his in- and Human Services; Susan Mather, M.D., Chief Of- tention to enter into an agreement with the Euro- ficer, Public Health and Environmental Hazards, pean Union, Japan, the Republic of Korea, and Tai- Veterans Health Administration, Department of Vet- wan on tariff treatment for multi-chip integrated erans Affairs; and public witnesses.

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HOMELAND SECURITY INTERESTS— Observer Programs. Testimony was heard from ORGANIZATIONAL STRUCTURE Nancy Randa, Associate Director, Talent Services, Committee on Homeland Security: Subcommittee on Human Resources Products and Services Division, Management, Integration and Oversight held a hear- OPM; Barry Weinberg, former Deputy Chief and ing entitled ‘‘CBP and ICE: Does the Current Orga- Acting Chief, Voting Section, Civil Rights Division, nizational Structure Best Serve U.S. Homeland Secu- Department of Justice; and a public witness. rity Interests? Part 2’’ Testimony was heard from the OVERSIGHT—FEDERAL JURISDICTION following officials of the Department of Homeland CLARIFICATION ACT Security: Robert L. Ashbaugh, Assistant Inspector Committee on the Judiciary: Subcommittee on Courts, General, Inspections and Special Reviews; and Stew- the Internet, and Intellectual Property held an over- art Baker, Assistant Secretary, Policy. sight hearing on Federal Jurisdiction Clarification RESOLUTION—SENSE OF CONGRESS— Act. Testimony was heard from Janet C. Hall, RUSSIAN FEDERATION—PROTECT ALL Judge, U.S. District Court for the District of Con- RELIGIOUS COMMUNITIES; necticut; and public witnesses. INTERNATIONAL RELIGIOUS FREEDOM U.S. BOXING COMMISSION ACT REPORT Committee on Rules: The Committee granted, by voice Committee on International Relations: Subcommittee on vote, a structured rule providing 1 hour of general Africa, Global Human Rights and International Op- debate on H. R. 1065, United States Boxing Com- erations approved for full Committee action H. Con. mission Act, with 40 minutes equally divided and Res. 190, Expressing the sense of the Congress that controlled by the chairman and ranking minority the Russian Federation should fully protect the free- member of the Committee on Energy and Com- doms of all religious communities without distinc- merce, and 20 minutes equally divided and con- tion, whether registered and unregistered, as stipu- trolled by the chairman and ranking minority mem- lated by the Russian Constitution and international standards. ber of the Committee on the Judiciary. The rule The Subcommittee also held a held a hearing on waives all points of order against consideration of the In Defense of Human Dignity: The 2005 Inter- bill. The rule provides that in lieu of the amend- national Religious Freedom Report. Testimony was ments recommended by the Committees on Energy heard from John V. Hanford III, Ambassador-at- and Commerce and the Judiciary now printed in the Large, Office of International Religious Freedom, bill, the amendment in the nature of a substitute Department of State; Michael Cromartie, Chair, U.S. printed in part A of the Rules Committee report Commission on International Religious Freedom; shall be considered as the original bill for the pur- and public witnesses. pose of amendment and shall be considered as read. The rule waives all points of order against the MISCELLANEOUS MEASURES amendment in the nature of a substitute printed in Committee on International Relations: Subcommittee on part A of the Rules Committee report. The rule the Middle East and Central Asia approved for full makes in order only those amendments printed in Committee action the following measures: H. Con. part B of the Rules Committee report, which may Res. 284, amended, Expressing the sense of Congress be offered only in the order printed in the report, with respect to the 2005 presidential and parliamen- may be offered only by a Member designated in the tary elections in Egypt; H. Res. 438, amended, Urg- report, shall be considered as read, shall be debatable ing member states of the United Nations to stop for the time specified in the report equally divided supporting resolutions that unfairly castigate Israel and controlled by the proponent and an opponent, and to promote within the United Nations General shall not be subject to amendment, and shall not be Assembly more balanced and constructive approaches subject to a demand for division of the question in to resolving conflict in the Middle East; H. Con. the House or in the Committee of the Whole. The Res. 275, Expressing the sense of Congress regarding rule waives all points of order against the amend- the education curriculum in the Kingdom of Saudi ments printed in part B of the Rules Committee re- Arabia; and H. Res. 535, Honoring the life, legacy, port. Finally, the rule provides one motion to recom- and example of Israeli Prime Minister Yitzhak Rabin mit with or without instructions. Testimony was on the tenth anniversary of his death. heard from Representatives Stearns and Rush. OVERSIGHT—VOTING RIGHTS ACT AMTRAK—CURRENT GOVERNANCE ISSUES Committee on the Judiciary: Subcommittee on the Con- Committee on Transportation and Infrastructure: Sub- stitution held an oversight hearing on the Voting committee on Railroads held a hearing on Current Rights Act: Sections 6 and 8—Federal Examiner and Governance Issues at Amtrak. Testimony was heard

VerDate Aug 31 2005 05:07 Nov 16, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO5.REC D15NOPT1 November 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1213 from Jeffrey A. Rosen, General Counsel, Department consumer from flooded and salvage vehicle fraud, 2:30 of Transportation; the following officials of AM- p.m., SD–562. TRAK: David M. Laney, Chairman of the Board; Committee on Energy and Natural Resources: business and David Hughes, Acting President and CEO; and meeting to consider pending calendar business, 11:15 David Gunn, former President and CEO, AMTRAK. a.m., SD–366. Committee on Environment and Public Works: to hold an BUDGET RECONCILIATION—TAXES oversight hearing to examine transportation fuels of the future, 9:30 a.m., SD–406. Committee on Ways and Means: Ordered reported, as Committee on Foreign Relations: to hold hearings to exam- amended, H.R. 4297, To provide for reconciliation ine the new currency of foreign policy, focusing on the pursuant to section 201(b) of the concurrent resolu- high costs of crude, 9:30 a.m., SD–419. tion on the budget for fiscal year 2006. Committee on Homeland Security and Governmental Affairs: to hold hearings to examine how government can learn from the private sector’s response to Hurricane Katrina, Joint Meetings 10 a.m., SD–342. APPROPRIATIONS: LABOR/HHS/ Committee on the Judiciary: to hold hearings to examine EDUCATION The Streamlined Procedures Act relating to habeas reform, 9:30 a.m., SD–226. Conferees met on Monday, November 14, 2005, to re- Subcommittee on Administrative Oversight and the solve the differences between the Senate and House Courts, to hold hearings to examine issues relative to cre- passed versions of H.R. 3010, making appropriations ating new Federal judgeships, 2:30 p.m., SD–226. for the Departments of Labor, Health and Human Select Committee on Intelligence: to receive a closed brief- Services, and Education, and Related Agencies for ing regarding intelligence matters, 2:30 p.m., SH–219. the fiscal year ending September 30, 2006, but did not complete action thereon, and recessed subject to House the call. Committee on Agriculture, hearing to review issues related to the prevention, detection, and eradication of avian in- f fluenza, 10 a.m., 1300 Longworth. NEW PUBLIC LAWS Committee on Education and the Workforce, hearing on U.S. Immigration Policy and Its Impact on the American (For last listing of Public Laws, see DAILY DIGEST, p. D 1200) Economy, 10:30 a.m., 2175 Rayburn. H.R. 3057, making appropriations for foreign op- Committee on Energy and Commerce, Subcommittee on erations and related programs for the fiscal year end- Commerce, Trade, and Consumer Protection, hearing ening September 30, 2006. Signed on November 14, titled ‘‘Fair Use: Its Effects on Consumers and Industry,’’ 2005. (Public Law 109–102). 10 a.m., 2123 Rayburn. Subcommittee on Environment and Hazardous Mate- f rials, hearing entitled ‘‘Superfund Laws and Animal Agri- COMMITTEE MEETINGS FOR WEDNESDAY, culture,’’ 2 p.m., 2322 Rayburn. NOVEMBER 16, 2005 Committee on Financial Services, to consider the following measures: H.R. 3422, Small Public Housing Authority (Committee meetings are open unless otherwise indicated) Act; H.R. 2695, Safe Housing Identity Exception for the Lives of Domestic Violence Victims Act; the Flood Insur- Senate ance Reform and Modernization Act of 2005; the Ter- Committee on Appropriations: Subcommittee on Legisla- rorism Risk Insurance Revision Act of 2005; and H.R. tive Branch, to resume hearings to examine the progress 3505, Financial Services, Regulatory Relief Act, 10 a.m., of the Capitol Visitor Center construction, 11 a.m., 2128 Rayburn. SD–138. Subcommittee on Housing and Community Oppor- Committee on Banking, Housing, and Urban Affairs: busi- tunity, hearing entitled ‘‘Addressing Seniors’ Housing ness meeting to consider S. 467, to extend the applica- Needs,’’ 2 p.m., 2128 Rayburn. bility of the Terrorism Risk Insurance Act of 2002, an Committee on Government Reform, to consider the fol- original bill entitled ‘‘Public Transportation Terrorism lowing: H.R. 3934, To designate the facility of the Prevention Act of 2005’’, and the nominations of Ben S. United States Postal Service located at 80 Killian Road Bernanke, of New Jersey, to be a Member and Chairman in Massapequa, New York, as the ‘‘Gerard A. Fiorenza of the Board of Governors of the Federal Reserve System, Post Office;’’ H.R. 4101, To designate the facility of the 10:30 a.m., SD–538. United States Postal Service located at 170 East Main Committee on Commerce, Science, and Transportation: to Street in Patchogue, New York, as the ‘‘Lieutenant Mi- hold hearings to examine the Magnuson-Stevens Fishery chael P. Murphy Post Office Building;’’ H.R. 4107, To Conservation and Management Reauthorization Act of designate the facility of the United States Postal Service 2005, 10 a.m., SD–562. located at 1826 Pennsylvania Avenue in Baltimore, Mary- Subcommittee on Consumer Affairs, Product Safety, land, as the ‘‘Maryland State Delegate Lena K. Lee Post and Insurance, to hold hearings to examine protecting the Office Building;’’ H.R. 4108, To designate the facility of

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the United States Postal Service located at 3000 Movement on August 15, 2005, to end the conflict in Homewood Avenue, Baltimore, Maryland, as the ‘‘State Aceh, a province in Sumatra, Indonesia; H. Res. 458, Re- Senator Verda Welcome and Dr. Henry Welcome Post membering and commemorating the lives and work of Office Building;’’ H.R. 4109, To designate the United Maryknoll Sisters Maura Clarke and Ita Ford, Ursuline States Postal Service located at 6101 Liberty Road in Bal- Sister Dorothy Kazel, and Cleveland Lay Mission Team timore, Maryland, as the ‘‘United States Representative Member Jean Donovan, who were executed by members Parren J. Mitchell Post Office;’’ H.R. 4152, To designate of the armed forces of El Salvador on December 2, 1980; the United States Postal Service located at 320 High H. Res. 479, Recognizing the 50th Anniversary of the Street in Clinton, Massachusetts, as the ‘‘Raymond J. Hungarian Revolution that began on October 23, 1956 Salmon Post Office;’’ H. Con. Res. 218, Recognizing the and reaffirming the friendship between the people and centennial of sustained immigration from the Phillippines governments of the United States and Hungary; H. Res. to the United States and acknowledging the contributions 499, Condemning the murder of American journalist of our Filipino-American community to our country over Paul Klebnikov on July 9, 2004, in Moscow and the the last century; H.R. 4295, To designate the facility of murders of other members of the media in the Russian the United States Postal Service located at 12760 South Federation; H. Res. 529, Recommending the integration Park Avenue in Riverton, Utah, as the ‘‘Mont and Mark of the Republic of Croatia into the North Atlantic Treaty Stephensen Veterans Memorial Post Office Building;’’ H. Organization; and H. Res. 535, Honoring the life, legacy, Con. Res. 289, Supporting the goal and mission of Amer- and example of Israeli Prime Minister Yitzhak Rabin on ican Recycles Day; and an Investigative Report, Investiga- the tenth anniversary of his death, 10 a.m., 2172 Ray- tion into Rafael Palmeiro’s March 17, 2005 Testimony at burn. the Committee on Government Reform’s Hearing: ‘‘Re- Subcommittee on Europe and Emerging Threats, to storing Faith in America’s Pastime: Evaluating Major mark up the following resolutions: H. Res. 479, Recog- League Baseball’s Efforts to Eradicate Steroid Use.’’ 10 nizing the 50th Anniversary of the Hungarian Revolution a.m., 2154 Rayburn. that began on October 23, 1956 and reaffirming the Subcommittee on Federal Workforce and Agency Orga- friendship between the people and governments of the nization, hearing entitled ‘‘Mitigating the Impact of United States and Hungary; H, Res, 499, Condemning High Gas Prices on the American Workforce,’’ 2 p.m., the murder of American journalist Paul Klebnikov on 2154 Rayburn. July 9, 2004, in Moscow and the murders of other mem- Committee on Homeland Security, to mark up H.R. 4312, bers of the media in the Russian Federation; and H. Res. To establish operational control over the international 529, Recommending the integration of the Republic of land and maritime borders of the United States, 10 a.m., Croatia into the North Atlantic Treaty Organization, 311 Cannon. 9:45 a.m., 2200 Rayburn. Committee on International Relations, hearing on the U.S.- Committee on Resources, to mark up the following bills: India Global Partnership: How Significant for American H.R. 452, To authorize the Secretary of the Interior to Interests? followed by markup of the following measures: conduct a study to determine the suitability and feasi- H. Con. Res. 190, Expressing the sense of the Congress bility of designating the Soldiers’ Memorial Military Mu- that the Russian Federation should fully protect the free- seum located in St, Louis, Missouri, as a unit of the Na- doms of all religious communities without distinction, tional Park System; H.R. 1071, Desalination Drought whether registered and unregistered, as stipulated by the Protection Act of 2005; H.R. 1090, To designate a Forest Russian Constitution and international standards; H. Con. Service trail at Walso Lake in the Willamette National Res. 275, Expressing the sense of Congress regarding the Forest in the State of Oregon as a national recreation trail education curriculum in the Kingdom of Saudi Arabia; in honor of Jim Weaver, a former Member of the House H. Con. Res. 280, Mourning the horrific loss of life of Representatives; H.R. 1190, San Diego Water Storage caused by the floods and mudslides that occurred in Oc- and Efficiency Act of 2005; H.R. 1595, Guam World tober 2005 in Central America and Mexico and express- War II Loyalty Recognition Act; H.R. 1728, French Co- ing the sense of Congress that the United States should lonial Heritage National Historic Site Study Act of 2005; do everything possible to assist the affected people and H.R. 2720, Salt Cedar and Russian Olive Control Dem- communities; H. Con. Res. 284, Expressing the sense of onstration Act; H.R. 3124, Delaware Water Gap Na- Congress with respect to the 2005 presidential and par- tional Recreation Area Natural Gas Pipeline Enlargement liamentary elections in Egypt; H. Con. Res. 294, Calling Act; H.R. 3153, Upper Colorado and San Juan Basin En- on the international community to condemn the Laogai, dangered Fish Recovery Implementation Programs Reau- the system of forced labor prison camps in the People’s thorization Act of 2005; H.R. 3626, Arthur V. Watkins Republic of China, as a tool for suppression maintained Dam Enlargement Act of 2005; H.R. 3897, Madera by the Chinese Government; H. Res. 438, Urging mem- Water Supply and Groundwater Enhancement Project ber states of the United Nations to stop supporting reso- Act; H.R. 3929, Dana Point Desalination Project Author- lutions that unfairly castigate Israel and to promote with- ization Act; H.R. 4192, To authorize the Secretary of the in the United Nations General Assembly more balanced Interior to designate the President William Jefferson and constructive approaches to resolving conflict in the Clinton Birthplace Home in Hope, Arkansas, as a Na- Middle East; H. Res. 456, Expressing support for the tional Historic Site and unit of the National Park System; memorandum of understanding signed by the Govern- H.R. 4195, Southern Oregon Bureau of Reclamation Re- ment of the Republic of Indonesia and the Free Aceh payment Act of 2005; H.R. 4292, To amend Public Law

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Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: To be announced. morning business (not to extend beyond 60 minutes), Senate will consider S. 1783, Pension Security and Trans- parency Act (pursuant to the order of Tuesday, November 15, 2005.) Also, Senate will continue consideration of the conference report to accompany H.R. 2862, Science, State, Justice, Commerce Appropriations, with a vote to occur on adoption of the conference report. Also, Senate expects to consider the Tax Relief Act of 2005.

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E2345 Regula, Ralph, Ohio, E2358 Kirk, Mark Steven, Ill., E2362 Reyes, Silvestre, Tex., E2357 Boustany, Charles W., Jr., La., E2362 Lee, Barbara, Calif., E2363, E2366 Ruppersberger, C.A. Dutch, Md., E2358 Burgess, Michael C., Tex., E2361 McCollum, Betty, Minn., E2366, E2367 Serrano, Jose´ E., N.Y., E2356, E2362, E2364 Calvert, Ken, Calif., E2362 Maloney, Carolyn B., N.Y., E2357 Shimkus, John, Ill., E2357 Capps, Lois, Calif., E2360 Markey, Edward J., Mass., E2360 Stark, Fortney Pete, Calif., E2360 Castle, Michael N., Del., E2345, E2356 Pascrell, Bill, Jr., N.J., E2359, E2361 Clay, Wm. Lacy, Mo., E2359 Paul, Ron, Tex., E2363 Thornberry, Mac, Tex., E2364 Cole, Tom, Okla., E2364 Poe, Ted, Tex., E2365 Udall, Mark, Colo., E2363 Emanuel, Rahm, Ill., E2366 Pombo, Richard W., Calif., E2362 Visclosky, Peter J., Ind., E2345 Grijalva, M., Rau´ l, Ariz., E2356 Pomeroy, Earl, N.D., E2365 Whitfield, Ed, Ky., E2359 Harris, Katherine, Fla., E2356 Rahall, Nick J., II, W.Va., E2358 Wolf, Frank R., Va., E2345, E2346

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