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

Vol. 152 WASHINGTON, WEDNESDAY, SEPTEMBER 6, 2006 No. 108 Senate The Senate met at 9:45 a.m. and was business. Following that period, we Mr. FRIST. Mr. President, I very called to order by the President pro will return to the Defense appropria- much appreciate the comments of the tempore (Mr. STEVENS). tions bill. We have three amendments Democratic leader. This is a bill we pending on the bill at this time. We started before our recess. We agreed we PRAYER hope to lock in a vote in relation to the would finish today, although because of The Chaplain, Dr. Barry C. Black, of- Feinstein amendment regarding clus- extenuating circumstances we will go fered the following prayer: ter munitions. I understand that 12 to tomorrow. It is a very important Let us pray. noon is the best time for that vote. bill. It is important in support of our Infinite Spirit, draw near to us Therefore, Senators can expect a vote troops, in support of our efforts on the today. Forgive us if we have been blind prior to the policy luncheons. We will war on terror. It is a bill we will finish to needs of our world. Take us down recess for the policy meetings today tomorrow. the road of humility so that we will be from 12:30 to 2:15. ORDER OF PROCEDURE patient with those who don’t agree I remind everyone we will finish the I ask unanimous consent the Senate with us. bill this evening or Thursday, if nec- proceed to a vote in relation to the Guide Your Senators with Your wis- essary. If Senators have amendments, Feinstein amendment No. 4882 at 12 dom. Let Your purposes shape their they should have already contacted the noon today with no second-degree minds and Your holiness direct their managers. In order to finish at the ear- amendments in order prior to the vote; decisions. Remind them often that liest time, we will be voting through- further, that the time from 11:15 to they serve You and that Your standard out the day and as late as necessary to noon be equally divided in the usual for success is faithfulness. ensure completion of that bill. form. Help them pursue mercy as well as f The PRESIDENT pro tempore. With- justice as You provide them with RECOGNITION OF THE MINORITY out objection, it is so ordered. greater insight into Your will. Show LEADER Mr. FRIST. I suggest the absence of a them what is right and then give them quorum. the courage to do it. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The We pray in Your powerful Name. Democratic leader is recognized. clerk will call the roll. Amen. f The legislative clerk called the roll. f SCHEDULE Mr. KYL. Mr. President, I ask unani- mous consent that the order for the PLEDGE OF ALLEGIANCE Mr. REID. While the distinguished quorum call be rescinded. The PRESIDENT pro tempore led the majority leader is on the floor, I just The PRESIDING OFFICER (Mr. finished our leadership meeting. As I Pledge of Allegiance, as follows: VITTER). Without objection, it is so or- indicated to the leader last night some- dered. I pledge allegiance to the Flag of the what late, we will be in a position right United States of America, and to the Repub- f lic for which it stands, one nation under God, after the caucus to indicate to floor indivisible, with liberty and justice for all. staff what amendments will be offered MORNING BUSINESS on this bill so we can finish it tomor- f The PRESIDING OFFICER. Under row. I indicated to the majority leader the previous order, there will be a pe- RESERVATION OF LEADER TIME what we intend to do after the caucus riod for the transaction of morning The PRESIDENT pro tempore. Under today is completed, and I have floor business for up to 30 minutes, with the the previous order, the leadership time staff lining up how much time will be first half under the time of the control is reserved. taken on that amendment so we can of the majority leader or his designee f finish that this afternoon or this and the second half under the control evening, certainly. We are going to fin- of the minority leader or his designee. RECOGNITION OF THE MAJORITY ish this bill. We have had to eliminate Mr. KYL. I ask unanimous consent to LEADER a number of amendments. We have speak for 15 minutes. The PRESIDENT pro tempore. The squeezed those so we have a reasonable The PRESIDING OFFICER. Without majority leader is recognized. number. They are not completely objection, it is so ordered. f squeezed out yet. They will be. f As I told the distinguished Presiding SCHEDULE Officer yesterday, and the majority STATEMENT OF PRESIDENT BUSH Mr. FRIST. Mr. President, this morn- leader, we will finish the bill tomor- Mr. KYL. Mr. President, the remarks ing we will have 30 minutes of morning row. President Bush delivered yesterday

∑ 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 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.000 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8986 CONGRESSIONAL RECORD — SENATE September 6, 2006 about the war against the radical is to leave in the middle of a battle, for The President said: Islamist terrorists was a historic example, in Iraq. It would be difficult, The goal of these Sunni extremists is to re- speech, the clearest statement to date if not impossible, to win the war if we make the entire Muslim world in their rad- of the nature of the struggle we face. abdicate the battle. What ally in the ical image. In pursuit of their imperial aims, Probably there were two factors that war will stand with us if we decide that these extremists say there can be no com- entered the President’s decision to give the fight is too tough? How would that promise or dialogue with those they call ‘‘infidels’’. ... the remarks today: First, the fact that help us influence the mullahs who rule These radicals have declared their uncom- we will soon, next Monday, have the in Iran? promising hostility to freedom. fifth anniversary of the heinous attack I will read from parts of the Presi- And the President said: of September 11 on the United States of dent’s speech to illustrate the clarity It is foolish to think that you can nego- America; second, because of the in- with which he described the nature of tiate with them. creasing calls by partisans to abandon our enemy, the nature of this conflict, The President also quoted from some part of the conflict—namely, the Iraq and the absolute necessity that we con- of the al-Qaida documents that illus- front—in this war. front it strongly now in order to save trate the precise nature of this threat. It was important for the President to future generations from the scourge of One is the al-Qaida charter that was se- define who the enemy is and to make it this continuing conflict. cured by coalition forces searching a clear that the enemy is not terrorism. The President said: terrorist safe house. The charter People in the media have called this Five years after our nation was attacked, states: the war on terrorism. We could have the terrorist danger remains. We’re a nation just as easily called the war in the Pa- at war. There will be continuing enmity until ev- eryone believes in Allah. We will not meet cific and World War II the war on ka- And he said: the enemy halfway. There will be no room mikaze terrorism, as kamikaze is a sui- ... we’ve also learned a great deal about for dialogue with them. cide tactic by evil people. The war, the enemy we face . . . The President also noted that the then, was against Nazism, Fascism, the We know what the terrorists intend goal of al-Qaida is to cause Americans imperial Japanese, and later com- to do because they’ve told us—and we to tire of the conflict, ‘‘hoping that the munism. It was not against a tactic. need to take their words seriously. American people will grow tired of cas- The same thing is true today. It was And he proceeded to describe, in the ualties and give up the fight.’’ important for the President to define terrorists’ own words, what they be- The President said: the nature of the enemy we face in lieve, what they hope to accomplish, And they are targeting America’s financial order to be able to adequately confront and how they intend to accomplish it. centers and economic infrastructure at that enemy. The President made a Listen to these words of the Presi- home, hoping to terrorize us and cause our comparison with a couple of the en- dent: economy to collapse. emies in World War II. He talked about The terrorists who attacked us on Sep- He quoted the words of Osama bin Adolph Hitler and the fact he was not tember 11, 2001, are men without con- Laden, who calls this his ‘‘bleed-until- taken seriously at first. At first, Ad- science—but they’re not madmen. They kill bankruptcy plan,’’ and noted that olph Hitler was a crazy paper hanger. in the name of a clear and focused ideology, Osama bin Laden was very impressed Then he was greatly underestimated. a set of beliefs that are evil, but not insane. with the relatively small investment Eventually, there were those who These al Qaeda terrorists and those who he had to make to cause such a large share their ideology are violent Sunni ex- thought he could be appeased because amount of damage to the United States the world did not want to fight again, tremists. They’re driven by a radical and perverted vision of Islam that rejects toler- and to our economy. with World War I so fresh in everyone’s ance, crushes all dissent, and justifies the The President also noted the enemy mind. But he did have to be confronted. murder of innocent men, women, and chil- has a propaganda strategy. Osama bin And the same later with respect to dren in the pursuit of political power. They Laden says al-Qaida intends to communism. At first it was Uncle Joe hope to establish a violent political Utopia ‘‘launch,’’ in his words, ‘‘a media cam- Stalin who helped us win World War II. across the Middle East, which they call a paign to create a wedge between the But it became clear, after the Berlin ‘‘caliphate,’’ where all the world would be American people and their govern- blockade and his explosion of an H ruled according to their hateful ideology. Osama bin Laden has called the 9/11 at- ment.’’ bomb, that communism was a clear and I would submit that the evidence of present danger for the United States. tacks—in his words—‘‘a great step toward the unity of Muslims and establishing the that campaign is there for all to see. Eventually, America understood, and righteous caliphate.’’ The President said: the cold war confronted communism, The President went on to describe Bin Laden and his allies are absolutely eventually succeeding in defeating that that this caliphate would be a totali- convinced they can succeed in forcing Amer- threat. ica to retreat and causing our economic col- There is a big difference between the tarian Islamic empire, and using the lapse. They believe our nation is weak and Soviets of the Communist era and the words of the terrorist Zawahiri, al- decadent, and lacking in patience and re- radical Islamists. One difference is that Qaida second in command, declaring solve. the Soviets could be deterred. Radical that al-Qaida intends to impose its rule The President also said that ‘‘they’ve Islamists are not going to be deterred. ‘‘in every land that was a home for made clear that the most important There is a particular reason why. The Islam, from Spain to Iraq.’’ And he front in their struggle against America Soviets were rational about life itself. went on to say: is Iraq—the nation bin Laden has de- Radical Islamists seek to bend us to The whole world is an open field for us. clared the ‘capital of the caliphate.’ their will, to kill us or to die trying. The President also described what The President said: Either way, in their view, they win. such a world would look like, referring Hear the words of bin Laden: ‘‘I now ad- I ask my colleagues: What did Steve to the situation in Afghanistan before dress the whole Islamic nation. Listen and Centanni and Olaf Wiig have to do be- its liberation as exemplifying the rule understand. The most serious issue today for fore they were released in Gaza just a of these kinds of terrorists: Under the the whole world is this Third World War that is raging in Iraq.’’ He calls it ‘‘a war of des- couple of weeks ago? They had to bend Taliban and al-Qaida, Afghanistan was tiny between infidelity and Islam.’’ He says, to the will of Allah. They had to con- a nightmare, a land where women were ‘‘The whole world is watching this war,’’ and vert to Islam before they were released. imprisoned in their homes, girls could that it will end in ‘‘victory and glory, or This is the goal of these radical not go to school, religious police misery and humiliation.’’ Islamists, as the President explained— roamed the streets, and women were The President noted: to either bend the rest of the world to publicly whipped. In fact, summary For al Qaeda, Iraq is not a distraction from their will, to kill us or to die trying. executions were held in Kabul’s soccer their war on America—it is the central bat- We will only win this war if we take stadium in front of cheering mobs. And tlefield where the outcome of this struggle the threat seriously. The sooner we Afghanistan was turned into a launch- will be decided. commit to victory, the fewer our losses ing pad for the horrific attacks against The President said: will be. The best strategy is to take the America and other parts of the civ- Bin Laden and his terrorist allies have fight to the enemy. The worst strategy ilized world. made their intentions as clear as Lenin and

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.002 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8987 Hitler before them. The question is: Will we their ideologies of hate, and raise a mortal This time, we’re confronting them— listen? Will we pay attention to what these threat to the American people. If we allow Meaning the enemy— evil men say? them to do this, if we retreat from Iraq, if we before they gain the capacity to inflict un- And then the President noted that don’t uphold our duty to support those who speakable damage on the world, and we’re there is a second group of these radical are desirous to live in liberty, 50 years from confronting their hateful ideology before it Islamists who, combined with the first, now history will look back on our time with . . . takes root. unforgiving clarity, and demand to know represent the axis of evil that we face why we did not act. That is the point I was making, that in this war, the threat posed by Shia we have a choice today to take this The President then went on to reit- extremists. fight to the enemy and win rather than erate the five basic elements of the The President said: waiting until more damage has been in- strategy he has discussed before. He The Shia strain of Islamic radicalism is flicted upon us to understand and ap- pointed out that the enemy is a flexible just as dangerous, and just as hostile to preciate the nature of the threat. America, and just as determined to establish and agile enemy that adapts and The President concluded by saying: its brand of hegemony across the broader changes its ways of dealing with us, This is the great ideological struggle of the Middle East. And the Shia extremists have and that we have to do the same, and 21st century—and it is the calling of our gen- achieved something that al Qaeda has so far pointed out how we are doing that. eration. All civilized nations are bound to- failed to do: In 1979, they took control of a In fact, the President said: gether in this struggle between moderation major power, the nation of Iran, subjecting During the last five years we’ve learned a and extremism. its proud people to a regime of tyranny, and lot about this enemy. We’ve learned that Mr. President, this is the challenge using that nation’s resources to fund the they’re cunning and sophisticated. We’ve which confronts us. It confronts us as spread of terror and pursue their radical witnessed their ability to change their meth- agenda. leaders of this country, and it requires ods and their tactics with deadly speed—even of us the discussion, honestly and Then the President went on to de- as their murderous obsessions remain un- scribe the clear aims of the Iranian re- changing. forthrightly, of the serious nature of gime: wanting to drive America out of this struggle. It will not be won by pa- He also noted—and I think this is im- pering over differences. It will not be the region, to destroy Israel, and to portant—that one of the things they dominate the broader Middle East. won by deciding that the fight is too have accomplished over the last sev- difficult and that there are places Among the ways in which they intend eral years is the slaughtering of huge where this struggle is occurring where to achieve their goals is by the cre- numbers of innocent Muslim men and we just cannot prevail. We cannot send ation and supporting of terrorist women around the world. And you have a message to our enemies, let alone to groups such as Hezbollah. but to look at the daily casualty count The President said: our allies, that we are not up to the in Iraq, where it is primarily violence struggle, wherever it may break out. Just as we must take the words of the on other Muslims in Iraq that rep- The way to win this struggle is to Sunni extremists seriously, we must take resents this terrible news we wake up the words of the Shia extremists seriously. win it. And that is the point the Presi- to every morning. dent was making in his remarks yes- He went on to quote the Hezbollah The President said, as he has said be- terday. leader, the terrorist Nasrallah, and fore: Mr. President, I urge my colleagues also the President of Iran, President The road ahead is going to be difficult, and to review the President’s remarks. I Mahmud Ahmadi-Nejad, who declared it will require more sacrifice. Yet we can ask unanimous consent that the full in a speech that some people ask, and have confidence in the outcome, because text of the speech he made yesterday I am quoting, ‘‘whether a world with- we’ve seen freedom conquer tyranny and ter- be printed in the RECORD. out the United States and Zionism can ror before. There being no objection, the mate- be achieved. I say that this goal is I would say that we have a choice to rial was ordered to be printed in the achievable.’’ make. We can understand the nature of RECORD, as follows: Everyone is aware of Ahmadi-Nejad’s this conflict and its seriousness and PRESIDENT DISCUSSES GLOBAL WAR ON threats to wipe Israel off the face of the required sacrifice now or we can TERROR the Earth. come to that realization after we have THE PRESIDENT: Thank you all very much. He said: suffered far too many more casualties (Applause.) Thank you all. Please be seated. If you do not abandon the path of false- and far too much loss in blood and General Hendrix, thank you for the invita- hood, your doomed destiny will be annihila- treasure. Eventually the world will tion to be here. Thanks for the kind intro- tion. join us in this struggle and we will suc- duction. I’m honored to stand with the men He delivered this message to the ceed. But the question is, How many and women of the Military Officers Associa- American people. And I am quoting: tion of America. I appreciate the Board of have to die? How much loss has to Directors who are here, and the leaders who If you would like to have good relations occur before the world wakes to the na- have given me this platform from which to with the Iranian nation in the future, bow ture of this threat? speak. I’m proud to be here with active mem- down before the greatness of the Iranian na- I harken back to the days just before bers of the United States military. Thank tion and surrender. If you don’t accept to do you for your service. I’m proud to be your this, the Iranian nation will force you to sur- World War II as a good lesson in his- Commander-in-Chief. (Applause.) render and bow down. tory to remind us that we need to take the words of these evildoers to heart. I am pleased also to stand with members of The language is always: Bow down. the diplomatic corps, including many rep- Surrender to their radical, perverted They just may mean what they say. resenting nations that have been attacked view of Islam. History has proven that to be the case by al Qaeda and its terrorist allies since Sep- And now the Iranian regime is pur- in the past, and recent history leaves tember the 11th, 2001. (Applause.) Your pres- suing nuclear weapons. Imagine if this no doubt that this is what they mean ence here reminds us that we’re engaged in a nation acquires nuclear weapons, a na- today. global war against an enemy that threatens Next Monday, we will stand on the all civilized nations. And today the civilized tion that sponsors terrorism around world stands together to defend our freedom; the world, is the chief sponsor of ter- Capitol steps at 6 o’clock, as we did ex- actly 5 years before, to demonstrate to we stand together to defeat the terrorists; rorism, according to the U.S. State De- and were working to secure the peace for partment. And were they to provide the American people that the attacks generations to come. nuclear weaponry to terrorists, the re- on America will not deter us from our I appreciate my Attorney General joining sult is unthinkable. business or our commitment to protect us today, Al Gonzales. Thank you for being What the President concluded was: the American people. When we do that, here. (Applause.) The Secretary of Homeland Security, Michael Chertoff, is with us. (Ap- The Shia and Sunni extremists represent we need to mean what we say. Our abil- plause.) Three members of the United States different faces of the same threat. They draw ity to make good on that commitment Senate—I might say, three important mem- inspiration from different sources, but both will depend, first and foremost, on our bers of the United States Senate—Senate seek to impose a dark vision of violent Is- understanding of the nature of this President Pro Tem Ted Stevens of Alaska. lamic radicalism across the Middle East. threat and our ability and willingness Thank you for joining us, Senator. (Ap- The President said: to confront it. plause.) Chairman of the Appropriations And armed with nuclear weapons, they The President concluded his remarks Committee, Senator Thad Cochran of Mis- would blackmail the free world, and spread with these statements. He said: sissippi. (Applause.) The Chairman of the

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.003 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8988 CONGRESSIONAL RECORD — SENATE September 6, 2006 Armed Services Committee, John Warner of The terrorists who attacked us on Sep- Still other captured documents show al Virginia. (Applause.) tember the 11th, 2001, are men without con- Qaeda’s strategy for infiltrating Muslim na- I thank Norb Ryan, as well, for his leader- science—but they’re not madmen. They kill tions, establishing terrorist enclaves, over- ship. I do appreciate all the folks that are at in the name of a clear and focused ideology, throwing governments, and building their to- Walter Reed who have joined us today. I’m a set of beliefs that are evil, but not insane. talitarian empire. We see this strategy laid going to tell the parents of our troops, we These al Qaeda terrorists and those who out in a captured al Qaeda document found provide great health care to those who wear share their ideology are violent Sunni ex- during a recent raid in Iraq, which describes the uniform. I’m proud of those folks at Be- tremists. They’re driven by a radical and their plans to infiltrate and take over Iraq’s thesda and Walter Reed—are providing you perverted vision of Islam that rejects toler- western Anbar Province. The document lays the best possible care to help you recover ance, crushes all dissent, and justifies the out an elaborate al Qaeda governing struc- from your injuries. Thank you for your cour- murder of innocent men, women and children ture for the region that includes an Edu- age. Thank you for joining us here today. in the pursuit of political power. They hope cation Department, a Social Services De- May God bless you in your recovery. (Ap- to establish a violent political utopia across partment, a Justice Department, and an plause.) the Middle East, which they call a ‘‘Caliph- ‘‘Execution Unit’’ responsible for ‘‘Sorting Next week, America will mark the fifth an- ate’’—where all would be ruled according to out, Arrest, Murder, and Destruction.’’ niversary of September the 11th, 2001 ter- their hateful ideology. Osama bin Laden has According to their public statements, rorist attacks. As this day approaches, it called the 9/11 attacks—in his words—‘‘a countries that have—they have targeted brings with it a flood of painful memories. great step towards the unity of Muslims and stretch from the Middle East to Africa, to We remember the horror of watching planes establishing the Righteous... [Caliphate].’’ Southeast Asia. Through this strategy, al fly into the World Trade Center, and seeing This caliphate would be a totalitarian Is- Qaeda and its allies intend to create numer- the towers collapse before our eyes. We re- lamic empire encompassing all current and ous, decentralized operating bases across the member the sight of the Pentagon, broken former Muslim lands, stretching from Eu- world, from which they can plan new at- and in flames. We remember the rescue rope to North Africa, the Middle East, and tacks, and advance their vision of a unified, workers who rushed into burning buildings Southeast Asia. We know this because al totalitarian Islamic state that can confront to save lives, knowing they might never Qaeda has told us. About two months ago, and eventually destroy the free world. emerge again. We remember the brave pas- the terrorist Zawahiri—he’s al Qaeda’s sec- These violent extremists know that to re- sengers who charged the cockpit of their hi- ond in command—declared that al Qaeda in- alize this vision, they must first drive out jacked plane, and stopped the terrorists from tends to impose its rule in ‘‘every land that the main obstacle that stands in their way— reaching their target and killing more inno- was a home for Islam, from [Spain] to Iraq. the United States of America. According to cent civilians. We remember the cold bru- He went on to say, ‘‘The whole world is an al Qaeda, their strategy to defeat America tality of the enemy who inflicted this harm open field for us.’’ has two parts: First, they’re waging a cam- on our country—an enemy whose leader, We know what this radical empire would paign of terror across the world. They’re tar- Osama bin Laden, declared the massacre of look like in practice, because we saw how geting our forces abroad, hoping that the American people will grow tired of casualties nearly 3,000 people that day—I quote—‘‘an the radicals imposed their ideology on the and give up the fight. And they’re targeting unparalleled and magnificent feat of valor, people of Afghanistan. Under the rule of the America’s financial centers and economic in- unmatched by any in humankind before Taliban and al Qaeda, Afghanistan was a to- frastructure at home, hoping to terrorize us them.’’ talitarian nightmare—a land where women In five years since our nation was at- were imprisoned in their homes, men were and cause our economy to collapse. Bin Laden calls this his ‘‘bleed-until-bank- tacked, al Qaeda and terrorists it has in- beaten for missing prayer meetings, girls ruptcy plan.’’ And he cited the attacks of 9/ spired have continued to attack across the could not go to school, and children were for- 11 as evidence that such a plan can succeed. world. They’ve killed the innocent in Europe bidden the smallest pleasures like flying With the 9/11 attacks, Osama bin Laden says, and Africa and the Middle East, in Central kites. Religious police roamed the streets, ‘‘al Qaeda spent $500,000 on the event, while Asia and the Far East, and beyond. Most re- beating and detaining civilians for perceived America. . . lost—according to the lowest es- offenses. Women were publicly whipped. cently, they attempted to strike again in the timate—$500 billion . . . Meaning that every Summary executions were held in Kabul’s most ambitious plot since the attacks of dollar of al Qaeda defeated a million dollars’’ soccer stadium in front of cheering mobs. September the 11th—a plan to blow up pas- of America. Bin Laden concludes from this And Afghanistan was turned into a launch- senger planes headed for America over the experience that ‘‘America is definitely a ing pad for horrific attacks against America Atlantic Ocean. great power, with . . . unbelievable military Five years after our nation was attacked, and other parts of the civilized world—in- strength and a vibrant economy, but all of the terrorist danger remains. We’re a nation cluding many Muslim nations. these have been built on a very weak and at war—and America and her allies are fight- The goal of these Sunni extremists is to re- hollow foundation.’’ He went on to say, make the entire Muslim world in their rad- ing this war with relentless determination ‘‘Therefore, it is very easy to target the flim- ical image. In pursuit of their imperial aims, across the world. Together with our coali- sy base and concentrate on their weak these extremists say there can be no com- tion partners, we’ve removed terrorist sanc- points, and even if we’re able to target one- promise or dialogue with those they call tuaries, disrupted their finances, killed and tenth of these weak points, we will be able ‘‘infidels’’—a category that includes Amer- captured key operatives, broken up terrorist [to] crush and destroy them.’’ cells in America and other nations, and ica, the world’s free nations, Jews, and all Secondly, along with this campaign of ter- stopped new attacks before they’re carried Muslims who reject their extreme vision of ror, the enemy has a propaganda strategy. out. We’re on the offense against the terror- Islam. They reject the possibility of peaceful Osama bin Laden laid out this strategy in a ists on every battlefront—and we’ll accept coexistence with the free world. Again, hear letter to the Taliban leader, Mullah Omar, nothing less than complete victory. (Ap- the words of Osama bin Laden earlier this that coalition forces uncovered in Afghani- plause.) year: ‘‘Death is better than living on this stan in 2002. In it, bin Laden says that al In the five years since our nation was at- Earth with the unbelievers among us.’’ Qaeda intends to ‘‘[launch],’’ in his words, ‘‘a tacked, we’ve also learned a great deal about These radicals have declared their uncom- media campaign . . . to create a wedge be- the enemy we face in this war. We’ve learned promising hostility to freedom. It is foolish tween the American people and their govern- about them through videos and audio record- to think that you can negotiate with them. ment.’’ This media campaign, bin Laden ings, and letters and statements they’ve (Applause.) We see the uncompromising na- says, will send the American people a num- posted on websites. We’ve learned about ture of the enemy in many captured terrorist ber of messages, including ‘‘that their gov- them from captured enemy documents that documents. Here are just two examples: ernment [will] bring them more losses, in fi- the terrorists have never meant for us to see. After the liberation of Afghanistan, coalition nances and casualties.’’ And he goes on to Together, these documents and statements forces searching through a terrorist safe say that ‘‘they are being sacrificed . . . to have given us clear insight into the mind of house in that country found a copy of the al serve . . . the big investors, especially the our enemies—their ideology, their ambi- Qaeda charter. This charter states that Jews.’’ Bin Laden says that by delivering tions, and their strategy to defeat us. ‘‘there will be continuing enmity until ev- these messages, al Qaeda ‘‘aims at creating We know what the terrorists intend to do eryone believes in Allah. We will not meet pressure from the American people on the because they’ve told us—and we need to take [the enemy] halfway. There will be no room American government to stop their cam- their words seriously. So today I’m going to for dialogue with them.’’ Another document paign against Afghanistan.’’ describe—in the terrorists’ own words, what was found in 2000 by British police during an Bin Laden and his allies are absolutely they believe... what they hope to accomplish, anti-terrorist raid in London—a grisly al convinced they can succeed in forcing Amer- and how they intend to accomplish it. I’ll Qaeda manual that includes chapters with ti- ica to retreat and causing our economic col- discuss how the enemy has adapted in the tles such as ‘‘Guidelines for Beating and Kill- lapse. They believe our nation is weak and wake of our sustained offensive against ing Hostages.’’ This manual declares that decadent, and lacking in patience and re- them, and the threat posed by different their vision of Islam ‘‘does not . . . make a solve. And they’re wrong. (Applause.) Osama strains of violent Islamic radicalism. I’ll ex- truce with unbelief, but rather confronts it.’’ bin Laden has written that the ‘‘defeat of plain the strategy we’re pursuing to protect The confrontation . . . calls for . . . the dia- . . . American forces in Beirut’’ in 1983 is America, by defeating the terrorists on the logue of bullets, the ideals of assassination, proof America does not have the stomach to battlefield, and defeating their hateful ide- bombing, and destruction, and the diplomacy stay in the fight. He’s declared that ‘‘in So- ology in the battle of ideas. of the cannon and machine gun.’’ malia . . . the United States [pulled] out,

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.009 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8989 trailing disappointment, defeat, and failure price. His Nazi regime killed millions in the ganization except al Qaeda. Unlike al Qaeda, behind it.’’ And last year, the terrorist gas chambers, and set the world aflame in they’ve not yet attacked the American Zawahiri declared that Americans ‘‘know war, before it was finally defeated at a ter- homeland. Yet they’re directly responsible better than others that there is no hope in rible cost in lives. for the murder of hundreds of Americans victory. The Vietnam specter is closing Bin Laden and his terrorist allies have abroad. It was Hezbollah that was behind the every outlet.’’ made their intentions as clear as Lenin and 1983 bombing of the U.S. Marine barracks in These terrorists hope to drive America and Hitler before them. The question is: Will we Beirut that killed 241 Americans. And Saudi our coalition out of Afghanistan, so they can listen? Will we pay attention to what these Hezbollah was behind the 1996 bombing of restore the safe haven they lost when coali- evil men say? America and our coalition Khobar Towers in Saudi Arabia that killed 19 tion forces drove them out five years ago. partners have made our choice. We’re taking Americans, an attack conducted by terror- But they’ve made clear that the most impor- the words of the enemy seriously. We’re on ists who we believe were working with Ira- tant front in their struggle against America the offensive, and we will not rest, we will nian officials. is Iraq—the nation bin Laden has declared not retreat, and we will not withdraw from Just as we must take the words of the the ‘‘capital of the Caliphate.’’ Hear the the fight, until this threat to civilization has Sunni extremists seriously, we must take words of bin Laden: ‘‘I now address. . . the been removed. (Applause.) the words of the Shia extremists seriously. whole . . . Islamic nation: Listen and under- Five years into this struggle, it’s impor- Listen to the words of Hezbollah’s leader, the stand . . . The most . . . serious issue today tant to take stock of what’s been accom- terrorist Nasrallah, who has declared his ha- for the whole world is this Third World War plished—and the difficult work that remains. tred of America. He says, ‘‘Let the entire . . . [that] is raging in [Iraq].’’ He calls it ‘‘a Al Qaeda has been weakened by our sus- world hear me. Our hostility to the Great war of destiny between infidelity and Islam.’’ tained offensive against them, and today it Satan [America] is absolute . . . Regardless He says, ‘‘The whole world is watching this is harder for al Qaeda’s leaders to operate of how the world has changed after 11 Sep- war,’’ and that it will end in ‘‘victory and freely, to move money, or to communicate tember, Death to America will remain our glory or misery and humiliation.’’ For al with their operatives and facilitators. Yet al reverberating and powerful slogan: Death to Qaeda, Iraq is not a distraction from their Qaeda remains dangerous and determined. America.’’ war on America—it is the central battlefield Bin Laden and Zawahiri remain in hiding in Iran’s leaders, who back Hezbollah, have where the outcome of this struggle will be remote regions of this world. Al Qaeda con- also declared their absolute hostility to decided. tinues to adapt in the face of our global cam- America. Last October, Iran’s President de- Here is what al Qaeda says they will do if paign against them. Increasingly, al Qaeda is clared in a speech that some people ask—in they succeed in driving us out of Iraq: The taking advantage of the Internet to dissemi- his words—‘‘whether a world without the terrorist Zawahiri has said that al Qaeda nate propaganda, and to conduct ‘‘virtual re- United States and Zionism can be achieved will proceed with ‘‘several incremental cruitment’’ and ‘‘virtual training’’ of new . . . I say that this . . . goal is achievable.’’ goals. The first stage: Expel the Americans terrorists. Al Qaeda’s leaders no longer need Less than three months ago, Iran’s President from Iraq. The second stage: Establish an Is- to meet face-to-face with their operatives. declared to America and other Western pow- lamic authority or amirate, then develop it They can find new suicide bombers, and fa- ers: ‘‘open your eyes and see the fate of phar- and support it until it achieves the level of cilitate new terrorist attacks, without ever aoh . . . if you do not abandon the path of Caliphate . . . The third stage: Extend the laying eyes on those they’re training, financ- falsehood . . . your doomed destiny will be jihad wave to the secular countries neigh- ing, or sending to strike us. annihilation.’’ Less than two months ago, he boring Iraq. And the fourth stage: . . . the As al Qaeda changes, the broader terrorist warned: ‘‘The anger of Muslims may reach clash with Israel.’’ movement is also changing, becoming more an explosion point soon. If such a day comes These evil men know that a fundamental dispersed and self-directed. More and more, . . . [America and the West] should know threat to their aspirations is a democratic we’re facing threats from locally established that the waves of the blast will not remain Iraq that can govern itself, sustain itself, terrorist cells that are inspired by al Qaeda’s within the boundaries of our region.’’ He also and defend itself. They know that given a ideology and goals, but do not necessarily delivered this message to the American peo- choice, the Iraqi people will never choose to have direct links to al Qaeda, such as train- ple: ‘‘If you would like to have good relations live in the totalitarian state the extremists ing and funding. Some of these groups are with the Iranian nation in the future . . . hope to establish. And that is why we must made up of ‘‘homegrown’’ terrorists, mili- bow down before the greatness of the Iranian not, and we will not, give the enemy victory tant extremists who were born and educated nation and surrender. If you don’t accept [to in Iraq by deserting the Iraqi people. (Ap- in Western nations, were indoctrinated by do this], the Iranian nation will . . . force plause.) radical Islamists or attracted to their ide- you to surrender and bow down.’’ Last year, the terrorist Zarqawi declared ology, and joined the violent extremist America will not bow down to tyrants. in a message posted on the Internet that de- cause. These locally established cells appear (Applause.) The Iranian regime and its terrorist prox- mocracy ‘‘is the essence of infidelity and de- to be responsible for a number of attacks and ies have demonstrated their willingness to viation from the right path.’’ The Iraqi peo- plots, including those in Madrid, and Canada, kill Americans—and now the Iranian regime ple disagree. Last December, nearly 12 mil- and other countries across the world. is pursuing nuclear weapons. The world is lion Iraqis from every ethnic and religious As we continue to fight al Qaeda and these working together to prevent Iran’s regime community turned out to vote in their coun- Sunni extremists inspired by their radical from acquiring the tools of mass murder. try’s third free election in less than a year. ideology, we also face the threat posed by The international community has made a Iraq now has a unity government that rep- Shia extremists, who are learning from al reasonable proposal to Iran’s leaders, and Qaeda, increasing their assertiveness, and resents Iraq’s diverse population—and al given them the opportunity to set their na- stepping up their threats. Like the vast ma- Qaeda’s top commander in Iraq breathed his tion on a better course. So far, Iran’s leaders jority of Sunnis, the vast majority of Shia last breath. (Applause.) have rejected this offer. Despite these strategic setbacks, the across the world reject the vision of extrem- Their choice is increasingly isolating the enemy will continue to fight freedom’s ad- ists—and in Iraq, millions of Shia have de- great Iranian nation from the international vance in Iraq, because they understand the fied terrorist threats to vote in free elec- community, and denying the Iranian people stakes in this war. Again, hear the words of tions, and have shown their desire to live in an opportunity for greater economic pros- bin Laden, in a message to the American freedom. The Shia extremists want to deny perity. It’s time for Iran’s leader to make a people earlier this year. He says: ‘‘The war is them this right. This Shia strain of Islamic different choice. And we’ve made our choice. for you or for us to win. If we win it, it radicalism is just as dangerous, and just as We’ll continue to work closely with our al- means your defeat and disgrace forever.’’ hostile to America, and just as determined lies to find a diplomatic solution. The Now, I know some of our country hear the to establish its brand of hegemony across the world’s free nations will not allow Iran to de- terrorists’ words, and hope that they will broader Middle East. And the Shia extrem- velop a nuclear weapon. (Applause.) not, or cannot, do what they say. History ists have achieved something that al Qaeda The Shia and Sunni extremists represent teaches that underestimating the words of has so far failed to do: In 1979, they took con- different faces of the same threat. They draw evil and ambitious men is a terrible mistake. trol of a major power, the nation of Iran, inspiration from different sources, but both In the early 1900s, an exiled lawyer in Europe subjugating its proud people to a regime of seek to impose a dark vision of violent Is- published a pamphlet called ‘‘What Is To Be tyranny, and using that nation’s resources to lamic radicalism across the Middle East. Done?’’—in which he laid out his plan to fund the spread of terror and pursue their They oppose the advance of freedom, and launch a communist revolution in Russia. radical agenda. they want to gain control of weapons of mass The world did not heed Lenin’s words, and Like al Qaeda and the Sunni extremists, destruction. If they succeed in undermining paid a terrible price. The Soviet Empire he the Iranian regime has clear aims: They fragile democracies, like Iraq, and drive the established killed tens of millions, and want to drive America out of the region, to forces of freedom out of the region, they will brought the world to the brink of thermo- destroy Israel, and to dominate the broader have an open field to pursue their dangerous nuclear war. In the 1920s, a failed Austrian Middle East. To achieve these aims, they are goals. Each strain of violent Islamic radi- painter published a book in which he ex- funding and arming terrorist groups like calism would be emboldened in their efforts plained his intention to build an Aryan Hezbollah, which allow them to attack Israel to topple moderate governments and estab- super-state in Germany and take revenge on and America by proxy. Hezbollah, the source lish terrorist safe havens. Europe and eradicate the Jews. The world ig- of the current instability in Lebanon, has Imagine a world in which they were able to nored Hitler’s words, and paid a terrible killed more Americans than any terrorist or- control governments, a world awash with oil

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.011 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8990 CONGRESSIONAL RECORD — SENATE September 6, 2006 and they would use oil resources to punish is the danger of extremists and terrorists they’re cunning and sophisticated. We’ve industrialized nations. And they would use armed with weapons of mass destruction— witnessed their ability to change their meth- those resources to fuel their radical agenda, and this is a threat America cannot defeat ods and their tactics with deadly speed—even and pursue and purchase weapons of mass on her own. We applaud the determined ef- as their murderous obsessions remain un- murder. And armed with nuclear weapons, forts of many nations around the world to changing. We’ve seen that it’s the terrorists they would blackmail the free world, and stop the spread of these dangerous weapons. who have declared war on Muslims, slaugh- spread their ideologies of hate, and raise a Together, we pledge we’ll continue to work tering huge numbers of innocent Muslim mortal threat to the American people. If we together to stop the world’s most dangerous men and women around the world. allow them to do this, if we retreat from men from getting their hands on the world’s We know what the terrorists believe, we Iraq, if we don’t uphold our duty to support most dangerous weapons. (Applause.) know what they have done, and we know those who are desirous to live in liberty, 50 Third, we’re determined to deny terrorists what they intend to do. And now the world’s years from now history will look back on our the support of outlaw regimes. After Sep- free nations must summon the will to meet time with unforgiving clarity, and demand tember the 11th, I laid out a clear doctrine: this great challenge. The road ahead is going to know why we did not act. America makes no distinction between those to be difficult, and it will require more sac- I’m not going to allow this to happen—and who commit acts of terror, and those that rifice. Yet we can have confidence in the out- no future American President can allow it harbor and support them, because they’re come, because we’ve seen freedom conquer either. America did not seek this global equally guilty of murder. Thanks to our ef- tyranny and terror before. In the 20th cen- struggle, but we’re answering history’s call forts, there are now three fewer state spon- tury, free nations confronted and defeated with confidence and a clear strategy. Today sors of terror in the world than there were on Nazi Germany. During the Cold War, we con- we’re releasing a document called the ‘‘Na- September the 11th, 2001. Afghanistan and fronted Soviet communism, and today Eu- tional Strategy for Combating Terrorism.’’ Iraq have been transformed from terrorist rope is whole, free and at peace. This is an unclassified version of the strat- states into allies in the war on terror. And And now, freedom is once again contending with the forces of darkness and tyranny. egy we’ve been pursuing since September the the nation of Libya has renounced terrorism, This time, the battle is unfolding in a new 11th, 2001. This strategy was first released in and given up its weapons of mass destruction region—the broader Middle East. This time, February 2003; it’s been updated to take into programs, and its nuclear materials and we’re not waiting for our enemies to gather account the changing nature of this enemy. equipment. Over the past five years, we’ve in strength. This time, we’re confronting acted to disrupt the flow of weapons and sup- This strategy document is posted on the them before they gain the capacity to inflict port from terrorist states to terrorist net- White House website—whitehouse.gov. And I unspeakable damage on the world, and we’re works. And we have made clear that any urge all Americans to read it. confronting their hateful ideology before it Our strategy for combating terrorism has government that chooses to be an ally of ter- fully takes root. five basic elements: ror has also chosen to be an enemy of civili- We see a day when people across the Mid- First, we’re determined to prevent ter- zation. (Applause.) dle East have governments that honor their rorist attacks before they occur. So we’re Fourth, we’re determined to deny terrorist dignity, and unleash their creativity, and taking the fight to the enemy. The best way networks control of any nation, or territory count their votes. We see a day when across to protect America is to stay on the offense. within a nation. So, along with our coalition this region citizens are allowed to express Since 9/11, our coalition has captured or and the Iraqi government, we’ll stop the ter- themselves freely, women have full rights, killed al Qaeda managers and operatives, and rorists from taking control of Iraq, and es- and children are educated and given the scores of other terrorists across the world. tablishing a new safe haven from which to tools necessary to succeed in life. And we see The enemy is living under constant pressure, attack America and the free world. And a day when all the nations of the Middle and we intend to keep it that way—and this we’re working with friends and allies to deny East are allies in the cause of peace. adds to our security. When terrorists spend the terrorists the enclaves they seek to es- We fight for this day, because the security their days working to avoid death or cap- tablish in ungoverned areas across the world. of our own citizens depends on it. This is the ture, it’s harder for them to plan and execute By helping governments reclaim full sov- great ideological struggle of the 21st cen- new attacks. ereign control over their territory, we make tury—and it is the calling of our generation. We’re also fighting the enemy here at ourselves more secure. All civilized nations are bound together in home. We’ve given our law enforcement and Fifth, we’re working to deny terrorists new this struggle between moderation and extre- intelligence professionals the tools they need recruits, by defeating their hateful ideology mism. By coming together, we will roll back to stop the terrorists in our midst. We passed and spreading the hope of freedom—by this grave threat to our way of life. We will the PATRIOT Act to break down the wall spreading the hope of freedom across the help the people of the Middle East claim that prevented law enforcement and intel- Middle East. For decades, American policy their freedom, and we will leave a safer and ligence from sharing vital information. We sought to achieve peace in the Middle East more hopeful world for our children and created the Terrorist Surveillance Program by pursuing stability at the expense of lib- grandchildren. to monitor the communications between al erty. The lack of freedom in that region God bless. (Applause.) Qaeda commanders abroad and terrorist helped create conditions where anger and re- The PRESIDING OFFICER. The Sen- operatives within our borders. If al Qaeda is sentment grew, and radicalism thrived, and ator from Delaware is recognized. calling somebody in America, we need to terrorists found willing recruits. And we saw Mr. CARPER. Mr. President, good know why, in order to stop attacks. (Ap- the consequences on September the 11th, morning. plause.) when the terrorists brought death and de- (The remarks of Mr. CARPER per- I want to thank these three Senators for struction to our country. The policy wasn’t taining to the introduction of S. 3846 working with us to give our law enforcement working. and intelligence officers the tools necessary The experience of September the 11th made are printed in today’s RECORD under to do their jobs. (Applause.) And over the clear, in the long run, the only way to secure ‘‘Statements on Introduced Bills and last five years, federal, state, and local law our nation is to change the course of the Joint Resolutions.’’) enforcement have used those tools to break Middle East. So America has committed its The PRESIDING OFFICER. The Sen- up terrorist cells, and to prosecute terrorist influence in the world to advancing freedom ator from Connecticut is recognized. operatives and supporters in New York, and and liberty and democracy as the great al- Mr. DODD. Mr. President, I ask unan- Oregon, and Virginia, and Texas, and New ternatives to repression and radicalism. (Ap- imous consent that I be allowed to Jersey, and Illinois, Ohio, and other states. plause.) We’re taking the side of democratic speak in morning business for 15 min- By taking the battle to the terrorists and leaders and moderates and reformers across utes. their supporters on our own soil and across the Middle East. We strongly support the The PRESIDING OFFICER. Without the world, we’ve stopped a number of al voices of tolerance and moderation in the objection, it is so ordered. Qaeda plots. Muslim world. We’re standing with Afghani- Second, we’re determined to deny weapons stan’s elected government against al Qaeda f of mass destruction to outlaw regimes and and the Taliban remnants that are trying to NOMINATION OF JOHN BOLTON terrorists who would use them without hesi- restore tyranny in that country. We’re tation. Working with Great Britain and standing with Lebanon’s young democracy Mr. DODD. Mr. President, at this mo- Pakistan and other nations, the United against the foreign forces that are seeking to ment in history our Nation faces enor- States shut down the world’s most dangerous undermine the country’s sovereignty and mous challenges from terrorism, Iraq, nuclear trading cartel, the AQ Khan net- independence. And we’re standing with the Afghanistan, Lebanon, Israel and the work. This network had supplied Iran and leaders of Iraq’s unity government as they occupied territories, Sudan’s Darfur re- Libya and North Korea with equipment and work to defeat the enemies of freedom, and gion, Iran, North Korea, Syria, HIV/ know-how that advanced their efforts to ob- chart a more hopeful course for their people. AIDS, global health generally, climate tain nuclear weapons. And we launched the This is why victory is so important in Iraq. change, energy security, and the list Proliferation Security Initiative, a coalition By helping freedom succeed in Iraq, we will of more than 70 nations that is working to- help America, and the Middle East, and the seems endless. These are all important gether to stop shipments related to weapons world become more secure. issues that call out for important ac- of mass destruction on land, at sea, and in During the last five years we’ve learned a tion and leadership from the United the air. The greatest threat this world faces lot about this enemy. We’ve learned that States.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.013 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8991 America’s capacity to respond to this Bush administration. Listen to Carl in order to stretch the U.N. as an insti- global clarion call has been seriously Ford, the Assistant Secretary of State tution in ways that supported U.S. in- circumscribed, in my view, by the Bush for Intelligence in his testimony before terests. None of them were shrinking administration’s preemptive war of the Senate Foreign Relations Com- violets, to put it mildly. choice in Iraq—circumscribed mili- mittee: It is very clear that Mr. Bolton does tarily, politically, and economically. Mr. Bolton is a ‘‘quintessential kiss- not possess that skill set. Over the The options have become fewer since up, kick-down sort of guy.’’ years, Mr. Bolton evidenced great skep- March 19, 2003, as the world has become Mr. Bolton has ‘‘a bigger kick and it ticism and disdain for the United Na- more dangerous, and the reputation gets bigger and stronger the further tions and multilateral diplomacy gen- and global standing of the United down the bureaucracy he’s kicking.’’ erally. States has become weaker. Mr. Bolton is a ‘‘serial abuser.’’ Nothing he has said or done since as- Our friends know this. More impor- I have never seen anyone quite like Sec- suming his current position in New tantly, so do our adversaries, appar- retary Bolton—doesn’t even come close. I York suggests that he has altered his ently. don’t have a second and third or fourth in views on the United Nations or on mul- That is why it is imperative that we terms of the way that he abuses his power tilateral diplomacy generally. make the most of the options still and authority with little people. Once again, it is those who have available to respond to these chal- I consider myself to be a loyal Republican and conservative to the core. I’m a firm and worked most closely with him who are lenges. Diplomacy is one of the few op- enthusiastic supporter of President Bush and his biggest critics. More than 30 ambas- tions that remain available with a rea- his policies, and I’m a huge fan of Vice Presi- sadors with whom Mr. Bolton serves at sonable political and minority dent Cheney, who I worked with when he was the United Nations—all supportive of pricetag. As John Kennedy said so elo- Secretary of Defense. U.N. reform—questioned his leadership quently more than 45 years ago, this With respect to the Bolton’s treat- abilities. Nation should never fear to negotiate ment of Westermann, Mr. Ford went In a July 21, 2006, New York Times but never negotiate out of fear. It is on: article, one U.N. colleague character- going to take effective and pragmatic The attitude, the volume of his tone, and ized Mr. Bolton as ‘‘intransigent and diplomacy to build the kinds of inter- what I understand, the substance of the con- maximalist.’’ Another suggested that national partnerships and coalitions to versation, he was so far over the line that he Mr. Bolton’s ‘‘high ambitions are address the challenges that confront us meets—he’s one of the sort of memorable cover-ups for less noble aims, and ori- so that America can feel safe and be moments in my 30-plus-year career [in public ented not at improving the United Na- safer and more secure. service for the Federal Government.] tions, but at belittling and weakening While the United Nations isn’t the Again, this is a Bush appointee about it.’’ A third has essentially written off only forum for the conduct of that di- whom we are talking. working with Mr. Bolton. ‘‘He’s lost me plomacy, it is very clear that President Listen further. Larry Wilkerson, as an ally now, and that’s what many Bush has placed much more reliance on lieutenant colonel, chief of staff to other ambassadors who consider them- the United Nations Security Council in Secretary of State Colin Powell in a selves friends of the United States are his second term in office than he cer- telephone interview, Lieutenant Colo- saying.’’ tainly did in the first. Be it Iran, North nel Wilkerson said: Mr. Bolton’s response to a question Korea, Darfur, or Lebanon, the United Do I think John Bolton would make a good posed by Senator COLEMAN at his July States has turned to the Security ambassador to the United Nations? Abso- nomination hearing was stunning to lutely not. Council to respond to humanitarian me. Our colleague, NORM COLEMAN, crises and other threats to inter- He is incapable of listening to people and taking into account their views. asked the following question: national peace and stability. He would be an abysmal ambassador. Mr. COLEMAN. You knew the organization, That is why, more than at any other Listen further to Mr. Wilkerson: you were involved in it, then you were on the time in recent years, since the found- outside. Now you’re there. Is there—has your ing of the United Nations, that it mat- I differ from a lot of people in Washington, impression of the U.N. changed? Has there ters who sits in the United States chair both friend and foe of Under Secretary been anything that surprised you in the last Bolton, as to his ‘‘brilliance.’’ I didn’t see it. on that Council. In my view, Mr. John year? I saw a man who counted beans, who said Mr. BOLTON. Not really. Bolton does not fit the bill. ‘‘98 today, 99 tomorrow, 100 the next day,’’ Based on information developed by and had no willingness—and, in many cases, That is a response of an individual the Senate Foreign Relations Com- no capacity—to understand the other things who is so entrenched in his views that mittee last year from unprecedented that were happening around those beans. he is incapable of the kind of openness committee testimony by former Assist- And that is just a recipe for problems at the and flexibility that I think most in this ant Secretary of State Carl Ford and United Nations. Chamber believe is essential if the more than 30 staff interviews of then- Lastly, Mr. McLaughlin, Deputy Di- United Nations Security Council is current and former colleagues of Mr. rector of the CIA, responding to a ques- going to be made to work to serve our Bolton in the Bush administration—in tion as to whether other policymakers interests around the globe. the Bush administration, I might add— had sought to remove CIA analysts: Mr. Bolton clearly has an aversion to the Senate made the decision not to No. This is the only time I had ever heard being diplomatic. He has even been act on that nomination. of such a request . . . I reacted strongly to called a bully by some of his harshest Carl Ford and 12 of those interviewed it. I didn’t think it was appropriate. critics. Mr. Bolton’s personality is were extremely critical of Mr. Bolton, I will return to that particular point really not the issue as far as I am con- including retired COL Lawrence in a few minutes, this idea of attempt- cerned. There are a lot of bullies in this Wilkerson, chief of staff to Secretary ing to fire intelligence analysts. town, and I suspect in New York as Powell; Thomas Fingar, Deputy Assist- These are just some of the quotes, well. My objection isn’t that he is a ant Secretary of State for Intelligence again, of people who served in the Bush bully, but that he has been an ineffec- and Research; former Deputy Director administration commenting on the tive bully. He can’t win the day for the of the CIA, Stuart Cohen; and Robert nomination of John Bolton to be our United States when it really counts. He Hutchings, former acting head and ambassador to the United Nations. isolates the United States rather than head of the National Intelligence Coun- There have been some excellent U.S. builds consensus around U.S. positions. cil, respectively; and Jamie Miscik, representatives to the United Nations Mr. Bolton showed his colors, in my former Deputy Director of Intelligence over the years: Henry Cabot Lodge, view, as soon as he arrived in New at the CIA. Adlai Stevenson, Daniel Patrick Moy- York after receiving his recess appoint- These are not light people; these are nihan, or former colleague Jeane Kirk- ment last August 2005. After the U.S. serious people, all of whom served in patrick, and Richard Holbrooke, just to mission had worked for months to ne- the Bush administration. Here is what name a few. Each and every one of gotiate a 2-year reform effort that was some of them had to say about this these individuals possessed a certain to be endorsed by President Bush and nomination. Again, these were Bush skill and ability to work with others, other heads of State 2 weeks later, Mr. appointees, people who served in the our adversaries as well as our friends, Bolton almost destroyed the consensus

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.005 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8992 CONGRESSIONAL RECORD — SENATE September 6, 2006 around the document by tabling 705 ligence conclusions not supported by DEPARTMENT OF DEFENSE separate amendments to the text. It available intelligence, Mr. Bolton APPROPRIATIONS ACT, 2007 took the involvement of the President mounted a concerted effort to have The PRESIDING OFFICER. Under of the United States and the Secretary them fired. The fact they were not re- previous order, the Senate will resume of State to cobble the agreement back moved does not excuse his actions. consideration of H.R. 5631, which the I don’t mind a heated debate. I don’t together at the last minute at a price clerk will report. mind people having serious disagree- of losing some of the provisions that The assistant legislative clerk read ments with conclusions. But when you the United States had sought be in- as follows: cluded with respect to management re- attempt to fire lower level employees A bill (H.R. 5631) to make appropriations forms. who are responsible for gathering intel- ligence for the United States because for the Department of Defense for the fiscal The Bush administration has made year ending September 30, 2007, and for other the ongoing crisis in Darfur a key con- you don’t like their results, that is purposes. dangerous business indeed. cern. Yet when in June of this year Pending: members of the Security Council vis- I do not care in which administration Kennedy-Reid amendment No. 4855, to in- ited the Sudan to send a signal to the you may serve. Any individual, in my view, who attempts to doctor evidence clude information on civil war in Iraq in the Government of Khartoum that it was quarterly reports on progress toward mili- on the wrong track, Mr. Bolton to fire people whose conclusions they disagree with when it comes to intel- tary and political stability in Iraq. thought it more important to travel to Allen modified amendment No. 4883, to ligence gathering does not deserve to London to deliver a U.N. bashing make available from Defense Health Pro- be promoted to the high position of speech to a private think tank rather gram up to $19,000,000 for the Defense and ambassador to the United Nations. Veterans Brain Injury Center. than join his colleagues on a visit to His behavior, in my view, endangers Sudan and carrying on a message of Feinstein-Leahy amendment No. 4882, to our national security because it goes to protect civilian lives from unexploded clus- how important we think the genocidal the very heart of what we depend upon ter munitions. behavior is. to protect that security—unbiased pro- Mr. STEVENS. Mr. President, what On another occasion, prior to a vote fessional intelligence collection and is the pending business on this bill? last July on a U.N. Security Council analysis. Mr. Bolton stepped away and The PRESIDING OFFICER. The resolution intended to sanction North he stepped over the line and committed pending amendment is the Feinstein Korea for its provocative Fourth of an offense so grievous, in my view, it amendment. July missile launches, Mr. Bolton pub- warrants that this Senate deny him an Mr. STEVENS. Is the Kennedy licly assured anyone who would listen up-or-down vote on his nomination. amendment still set aside following that he could get support for a resolu- In concluding, Mr. President, I return that amendment? tion with teeth, with the so-called to the point I made earlier; namely, The PRESIDING OFFICER. Yes, it is. chapter 7 obligations. It turns out he that Mr. Bolton has largely burned his Mr. STEVENS. I suggest the absence couldn’t. The resolution adopted by the bridges with his colleagues in New of a quorum. U.N. Security Council fell far short of York and is not likely to be an effec- The PRESIDING OFFICER. The that. tive diplomat when his diplomacy is in- clerk will call the roll. Last September, Mr. Bolton told the creasingly becoming the coin of the The assistant legislative clerk pro- House International Relations Com- realm in protecting and advancing U.S. ceeded to call the roll. mittee that the negotiation of an effec- interests at this very unstable moment Mrs. FEINSTEIN. Mr. President, I tive Human Rights Council was a key in this country. ask unanimous consent that the order objective of the United States and that Fifty nine former U.S. Ambassadors for the quorum call be rescinded. it was a ‘‘very high priority, and a per- and diplomats who have served in five The PRESIDING OFFICER (Mr. sonal priority of mine.’’ administrations, Democratic and Re- GRAHAM). Without objection, it is so There were 30 negotiating sessions publican, agree. Yesterday, they sent a ordered. held to hammer out the framework of letter to the Senate Foreign Relations this new Human Rights Council, and Committee strongly opposing this AMENDMENT NO. 4882 Ambassador Bolton managed to attend nomination—59 former U.S. Ambas- Mrs. FEINSTEIN. Mr. President, I just one or two of those sessions. sadors. understand it is appropriate for me In the end, the United States was one I mentioned earlier the number of now to speak on an amendment I of- of four countries to vote against the people in the Bush administration who fered yesterday having to do with clus- approval of the U.N. Human Rights are outspokenly critical of this nomi- ter bombs. Council. nation. What more do we need to hear, The PRESIDING OFFICER. That is When the tally is taken on how effec- what more do we need to hear that this correct. tive Mr. Bolton has been at the U.N., in is a bad nomination and one that is Mrs. FEINSTEIN. Mr. President, I my view he gets a failing grade overall. going to jeopardize the interests of the rise to discuss again the amendment These are key positions that help to United States? Those Ambassadors rec- offered by myself and Senator LEAHY strengthen the United States, and yet ognize, as do I, that at this critical mo- to this bill on the use of a munition in case after case, from reform, to ment in our Nation’s future, the Presi- called a cluster bomb. Our amendment Darfur, to North Korea, to the U.N. dent should put the Nation’s interests is very simple. It prevents any funds Human Rights Council—critical issues first and nominate an individual with from being spent to purchase, use, or to strengthen the United States—our strong diplomatic skills who believes transfer cluster munitions until rules in diplomacy rather than placating his ambassador has failed in getting the of engagement have been adopted by conservative base by continuing to kind of results that are critically im- the Department of Defense to ensure push for the nomination of an unsuit- portant. that such munitions will not be used in able nominee. or near any concentration of civilians. But there is more. I believe it is time for the Senate to On the basis of those issues, I urge That is not a difficult requirement. It send that message loudly and clearly seems to me, because of the widespread my colleagues to vote against Mr. to the President by rejecting efforts to damage caused by these munitions, Bolton, but I am going to go a step fur- ramrod this nomination through in the ther because I believe other actions closing days of this session. that there ought to be specific rules of taken by Mr. Bolton are so outrageous I urge my colleagues to join me in engagement which ban their use in that Mr. Bolton does not even deserve strongly opposing this nomination. areas where civilian death or maiming a vote, in my view. Mr. President, I yield floor. might result. There is Mr. Bolton’s well-docu- Cluster munitions are large bombs, f mented attempts to manipulate intel- rockets, or artillery shells that contain ligence to suit his world view and seek CONCLUSION OF MORNING up to hundreds of small submunitions the removal of at least two intelligence BUSINESS or individual bomblets. They are in- analysts who wouldn’t play ball. When The PRESIDING OFFICER. Morning tended for attacking enemy troop for- these analysts refused to support intel- business is now closed. mations, and they release these small

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.006 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8993 bomblets over the radius of a half mile. bomb is lethal for up to 150 yards. It will be protected by adequate rules of In practice, they pose a real threat to will kill or maim the person who picks engagement that accompany the sale the safety of civilians when used in it up and those nearby. or transfer of these weapons to another populated areas because they leave I remind my colleagues, these muni- country and the rules of engagement hundreds of unexploded bomblets over tions have been used in many battles in that condition their use by our mili- a large area, and they are often inac- many wars. tary in foreign countries. curate. In some cases, up to 40 percent In the first gulf war, 60,000 cluster Each death that results from an of cluster bombs fail to explode, posing bombs were used, containing 20 million unexploded bomblet weakens American a particular danger to civilians long bomblets. Since 1991, unexploded diplomacy and American values. How after the conflict has ended. bomblets have killed 1,600 innocent do people in Laos feel when they live Bomblets are no bigger than a D bat- men, women, and children and injured and farm with the daily threat of run- tery and in some cases resemble a ten- more than 2,500. ning into one of these bomblets? How nis ball, so they are attractive to small In Afghanistan in 2001, 1,228 cluster do they feel in Afghanistan, Iraq, in children who pick them up to play with bombs with nearly a quarter of a mil- southern Lebanon, in any other place them. Then the bomblet explodes and lion—248,056—bomblets were used. where civilians can be wounded and the individual is either killed or Between October of 2001 and Novem- killed by these bomblets? maimed. ber of 2002—that is just 1 year—127 ci- Simply put, unexploded cluster I would like to show three photo- vilians were killed, 70 percent of them bombs fuel anger and resentment. They graphs. under the age of 18. make security, stabilization, and re- On March 25, 2003, a youngster by the In Iraq in 2003, 13,000 cluster bombs construction efforts that much harder. name of Abdallah Yaqoob was sleeping with nearly 2 million bomblets were Senator LEAHY and I are not the only in his bed in his home in Basra, Iraq used. Combining the first and second ones that feel this way. Former Sec- when he was hit with shrapnel from a gulf wars, the total number of retary of Defense Bill Cohen recognized cluster munitions strike that hit his unexploded bomblets in the region is the threat that cluster bombs pose to neighborhood. He lost his arm, and his approximately 1.2 million. An esti- civilians and U.S. troops alike because abdomen was severely damaged. He was mated 1,220 Kuwaitis and 400 Iraqi ci- they litter a battlefield. He issued a hit by a British L20A1/M85 munition—a vilians have been killed since 1991 by memorandum which became known as cluster bomb. these discarded munitions. the Cohen policy. It stated that begin- Second, Falah Hassan, 13, was injured Here we have it: In Iraq, 13,000 cluster ning in 2005 all new cluster bombs by an unexploded ground-launched sub- bombs, two million bomblets; in Af- would have a failure rate of less than 1 munition in Iraq on March 26, 2003. The ghanistan, 1,200 cluster bombs, a quar- percent. explosion severed his right hand and ter of a million bomblets, numbers This was an important step forward. 1 spread shrapnel throughout his body. killed in a year, 127 civilians; in the But we still have 5 ⁄2 million cluster He lost his left index finger and soft first gulf war, 61,000 used, 20 million bombs containing 728 million bomblets. tissue in his lower limbs. bomblets lying around, 1,600 innocent, They are aging in the American arse- This is a photo of an unexploded M42 men, women, and children killed, more nal. This indicates we are still prepared cluster submunition found on a barbed- than 2,500 wounded since 1991. to use, transfer, or sell an enormous wire fence in southern Iraq in August This gives rise to recent develop- number of cluster bombs that have sig- 2006. As you will see, this is the ments in Lebanon. Throughout south- nificant failure rates. bomblet and this is a small pinecone. ern Lebanon, more than 405 cluster I ask this question: Is this the source You will see how small this bomblet is, bomb sites containing approximately of legacy we want to leave behind in hanging on the barbed wire. 100,000 unexploded bomblets have been Iraq and Afghanistan? These unexploded cluster bombs be- discovered. Each site covers a radius of Let me be clear, this amendment come, in essence, de facto landmines. 220 yards. As Lebanese children and does not place a ban on cluster bombs. The issue was first brought to my at- families return to their homes and It is a simple step that will give the tention by a 2005 PBS documentary en- begin to rebuild, they will be exposed Pentagon time to develop specific titled ‘‘Bombies’’ which chronicled the to the danger of these unexploded guidelines to ensure that cluster bombs impact of unexploded cluster bombs in bomblets lying in the rubble. Thirteen are not used in or near populated areas. Laos. This is startling. In Laos alone, people already, including three young Does anyone in this Senate believe there are between 9 and 27 million children, have been killed, and 48 in- that a cluster munition should be used unexploded cluster bombs. They are jured. One United Nations official esti- in a civilian populated area? That per- leftovers from U.S. bombing campaigns mates that the rate of unexploded son can stand up and talk to that point in the 1960s and 1970s. Approximately bomblets is 40 percent in southern Leb- of view. It is unconscionable. It is im- 11,000 people, 30 percent of them chil- anon. So far, more than 2,900 exploded moral. It is beyond the laws of warfare. dren, have been killed or injured since bomblets have been destroyed. It will If somebody wants to argue that point that war ended—11,000 killed or injured take 12 to 15 months to complete that of view, so be it. If that is the kind of by cluster bombs. So 40 to 50 years effort. country a Member wants to represent, after these munitions were used, their The State Department is looking so be it. It is not the country I want to deadly force remains active. into charges that the cluster bombs represent. As the documentary showed, these found in southern Lebanon were Amer- This is a simple amendment which unexploded cluster bombs have ended ican-made and that they were used in says no funds will be used until there up in bamboo trees, in playgrounds, in violation of agreements between the are rules of engagement that say that houses, on rice paddies, and in schools. United States and Israel that govern these munitions will not be used in ci- They have been found in the ground their use. I do not know whether that vilian areas where death and maiming where farmers prepare their fields to is true. We have tried to find out. At is apt to result. This amendment will go a long way plant. They have threatened their lives this time, and despite repeated inquir- toward ensuring only prudent battle- and their livelihood. As one farmer ies, I am unaware what those agree- field use. I hope this amendment has an from northern Laos put it, ‘‘Working in ments actually say and what condi- opportunity to pass. these fields is a problem. There are lots tions they place on Israel. It seems to I yield the floor and I reserve the re- of bombies. But we work very care- me we ought to know. It seems to me mainder of my time. fully. If we work fast, we are afraid this information ought to be trans- How much time remains? we’ll hit a bombie.’’ parent and that the Congress of the The PRESIDING OFFICER. Four and These farmers have to tend the fields United States, in the process of law- a half minutes. and put their lives at risk because they making, is entitled to that informa- Mrs. FEINSTEIN. I yield the floor. have to grow food to feed their fami- tion. The PRESIDING OFFICER. The Sen- lies. Decades after the last bomb was By passing this information and codi- ator from Alaska. dropped, they are still threatened by fying this language in statute we will Mr. STEVENS. Mr. President, I can- death and serious injury. A cluster help ensure that civilian populations not support this amendment. It is not

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.009 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8994 CONGRESSIONAL RECORD — SENATE September 6, 2006 enforceable. It establishes policies that I yield the floor. trations to address this problem for may in some situations dangerously re- Mr. BIDEN. Mr. President, I share nearly a decade. While they have ac- strict the options available to our com- the concerns that prompted the intro- knowledged the problem, and they do manders on the battlefield. duction of this amendment, but I am acknowledge it, they have not taken I do share the Senator’s concern not prepared to approve such a far- effective steps to solve it. about potential use on the indiscrimi- reaching measure without a clear legis- We have used massive numbers of nate manner of these antipersonal lative record regarding the need for it cluster munitions in the invasion of weapons. Protecting innocent civilians and its likely impact on U.S. and allied Iraq, including in densely inhabited from the violence and destruction of forces. areas. Civilians paid the price and con- war is our goal. It is a laudable goal. Cluster bombs have always posed tinue to pay the price. Of course, the consequences of using problems for responsible military Israel used these weapons in Leb- cluster munitions must be carefully forces like those of the United States. anon. Again, it has been innocent civil- considered before such weapons are en- The weapons are very useful militarily, ians who have suffered disproportion- gaged. This is a complex policy area. It but they also carry a real risk of caus- ately. deserves comprehensive review by the ing civilian casualties if they are used Now, cluster munitions, like any relevant policy committees, not only where civilians are present or if too weapon, of course, have military util- the Committee on Armed Services but many submunitions fail to explode ity. They can be effective against also the Foreign Relations Committee. when they hit the ground. This is a le- armor or military infrastructure, but As the Senator has said, it has already gitimate issue to consider and, per- they are in effect indiscriminate be- been reviewed on a secretarial level haps, to legislate. But it should be done cause they scatter thousands of lethal several times in the Department of De- in a careful manner, after holding hear- bomblets over wide areas. There are fense. ings and with proper preparation. many weapons that can be effective. This amendment is just not accept- I urge the Senate Armed Services Used right, I suppose, poison gas is ef- able. It legislates the rules of engage- Committee to hold hearings on the fective, but we have banned it since ment for an entire class of weapon. The issue of cluster munitions so that we World War I. We have urged other task of settling the rules of engage- can all gain a better understanding of countries to ban it. ment properly belongs to the military how to maintain their usefulness while On these cluster munitions, between and to the commander and ultimately minimizing their risks. The committee 1 and 40 percent, depending on the type to the Commander in Chief. should also make sure the Defense De- or the condition of the terrain, fail to In an extreme situation the com- partment lives up to its claim that it explode on contact. Remember, there mander must be able to use all options ‘‘is working towards minimizing ‘dud’ are thousands of these coming down. to shape the battlefield to protect our cluster munitions by phasing cluster So if anywhere from even 1 percent forces and those allied with us. Re- munitions systems with more reliable fail, and as high as 40 percent fail, they stricting the deployment of cluster mu- or self-destructing fuzes.’’ Success in remain as hazardous duds indefinitely, nitions could severely hinder aviation that effort would go far to reduce the no different than scattering landmines, and artillery capabilities and reduce risks of postwar casualties. something we do not do. the commander’s capability to wage The PRESIDING OFFICER. Who And those who come in contact with war successfully. It could severely de- yields time? them activate them. That could very grade our allies’ capability to defend Mrs. FEINSTEIN. Mr. President, the well be a child out walking to school. themselves in threatening situations. ranking member of the Judiciary Com- It can be someone playing. It can be The Department of Defense already mittee is here, Senator LEAHY of has guidance and target methodologies Vermont, someone whose leadership on someone going to tend their animals, that emphasize minimizing dangers to the landmine issue has been unparal- their crops, and they end up with life- civilians in or near the zone of conflict. leled in the Senate. He is a cosponsor long disfigurement or disability, often This amendment requires that prior to of this amendment. death. the sale or transfer, the Department I yield the Senator the remainder of No one argues it is possible to com- ensures that munitions will not be used my time. pletely avoid civilian casualties in a in or near populations, including vil- The PRESIDING OFFICER. The Sen- war. lages, camps, and groups of refugees, ator is recognized for 4 minutes. Such casualties are inevitable. They evacuees, or nomads. This could be ob- Mr. LEAHY. Mr. President, I thank have been tragic consequences in all tained at the point of sale. the distinguished Senator from Cali- wars. But this amendment should not Once the weapons are transferred, it fornia. I have had a chance to work be necessary. Weapons that are so dis- would be impossible to enforce. They with the Senator on this amendment. proportionately hazardous to civilians place a burden on the military that is It is an extremely important amend- should be subject to strict rules of en- impossible to achieve. ment. I have spent decades on the ques- gagement. The Arms Export Control Act al- tion of landmines. We use the Leahy The Feinstein-Leahy amendment is ready has broad guidelines on the use War Victims Fund in parts of the world fully consistent with the laws of war of weapons sold by the United States, to aid landmine victims. I have visited and international humanitarian law. It and press reports indicate the State these field hospitals. I have seen the uses the same standard as for incen- Department has opened an investiga- damage, usually to children, over- diary weapons, which are also notori- tion into use of cluster bombs by Israel whelmingly to civilians. My wife is a ously hazardous to civilians. Rather against Hezbollah to determine if those registered nurse. She has gone into the than prohibit cluster munitions, the guidelines were violated. If it has, the surgeries and watched the amputa- amendment says only that they should United States may impose sanctions. tions. not be used where there are concentra- This was done in 1982. The Department The problem of cluster bombs which tions of civilians. of State already has tools to enforce maim and kill the innocent has been This is a moral issue and it is an the humanitarian considerations and known for many years. Probably one of issue of our own self interest. Using or sanction wanton use of cluster muni- the most egregious examples was in selling weapons that are so indiscrimi- tions. Laos, where millions of the explosives nate, without strict rules of engage- The Senate should recall the use of were dropped by U.S. planes during the ment, is immoral. It is immoral. Any- cluster munitions is consistent with Vietnam war. Unfortunately, what one who has seen the horrific con- the convention on certain conventional happens with landmines, the war ends, sequences of children with an arm or a weapons and international humani- the landmines stay. The peace treaties leg blown off, or a part of their face, or tarian law, including the Geneva and are signed and civilians continue to their lifeless body cut to pieces by the Hague Conventions. I recommend the die; 30 years after those were dropped shrapnel, knows that. Senate refuse to accept this amend- there are horrific casualties of civil- But it is also contrary to our own in- ment. ians. terest to be using or selling weapons I do support the Defense appropria- I have urged the Pentagon both in which, without strict controls on their tions bill as drafted. Democratic and Republican adminis- use, cause such appalling casualties of

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.010 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8995 innocent people who are not the visited Iraqi neighborhoods and interviewed to ban land mines formed a coalition aimed enemy. It fuels anger and resentment dozens of Iraqi families, U.S. troops, teams at getting a worldwide moratorium on clus- we can ill afford among the very people clearing unexploded ordnance in Iraq, mili- ter weapons. After seeing the toll the weap- tary analysts and humanitarian groups. The ons took on Iraqi civilians and their own whose support we need. findings: forces, even some U.S. soldiers have mis- So again I commend the Senator The Pentagon presented a misleading pic- givings about using cluster weapons, at least from California and strongly support ture during the war of the extent to which in urban areas. the amendment. cluster weapons were being used and of the As the war in Iraq approached, humani- Mr. President, I ask unanimous con- civilian casualties they were causing. Gen. tarian groups warned the Pentagon against sent that an article from USA Today, Richard Myers, chairman of the Joint Chiefs using cluster weapons, especially in urban dated December 11, 2003, about cluster of Staff, told reporters on April 25, six days areas. New York-based Human Rights Watch bombs be printed in the RECORD. before President Bush declared major com- predicted on March 18, a day before the war There being no objection, the mate- bat operations over, that the United States began with an airstrike in Baghdad: ‘‘The had used 1,500 cluster weapons and caused use of cluster munitions in Iraq will result in rial was ordered to be printed in the one civilian casualty. It turns out he was re- grave dangers to civilians and friendly com- RECORD, as follows: ferring only to cluster weapons dropped from batants.’’ Cluster weapons are especially [From USA Today, Dec. 11, 2003] the air, not those fired by U.S. ground forces. dangerous to civilians because they spray CLUSTER BOMBS KILL IN IRAQ, EVEN AFTER In fact, the United States used 10,782 clus- wide areas with hundreds of bomblets. Most SHOOTING ENDS ter weapons, according to the declassified ex- are unguided ‘‘dumb’’ weapons, so they can (By Paul Wiseman) ecutive summary of a report compiled by miss their target, and many of the bomblets U.S. Central Command, which oversaw mili- don’t explode immediately. BAGHDAD.—The little canisters dropped The U.S. military was aware of the threat onto the city, white ribbons trailing behind. tary operations in Iraq. Centcom sent the cluster munitions posed and was determined They clattered into streets, landed in lemon figures to the Joint Chiefs in response to to minimize them. Col. Lyle Cayce, an Army trees, rattled around on roofs, settled on queries from USA Today and others, but de- judge advocate general (JAG), led a team of lawns. tails of the report remain secret. When Jassim al-Qaisi saw the canisters the U.S. forces fired hundreds of cluster weap- 14 lawyers providing advice on the battle- field to the 3rd Infantry Division on the use size of D batteries falling on his neighbor- ons into urban areas. These strikes, from of cluster munitions, as well as other weap- hood just before 7 a.m. April 7, he laughed late March to early April, killed dozens and ons, during its 21-day, 450-mile drive north and asked himself: ‘‘Now what are the Amer- possibly hundreds of Iraqi civilians. Forty ci- from Kuwait to Baghdad. The goal was to en- icans throwing on our heads?’’ vilians were killed in one neighborhood in The strange objects were fired by U.S. ar- Hillah, 60 miles south of Baghdad, say resi- sure that U.S. forces complied with inter- tillery outside Baghdad as U.S. forces ap- dents and Saad Khazal al-Faluji, a surgeon national humanitarian law, enshrined in the proached the Iraqi capital. In the span of a at Hillah General Hospital who tracked cas- Geneva Conventions. ‘‘No other army in the few minutes, they would kill four civilians in ualties. world does that,’’ Cayce says. ‘‘We value the rule of law.’’ the ai-Dora neighborhood of southern Bagh- The attacks also left behind thousands of The Geneva Conventions hold that when dad and send al-Qaisi’s teenage son to the unexploded bomblets, known as duds, that continued to kill and injure Iraqi civilians choosing which targets to hit and which hospital with metal fragments in his foot. weapons to use, armies must make sure they The deadly objects were cluster bomblets, weeks after the fighting stopped. U.S. offi- do not ‘‘cause superfluous injury or unneces- small explosives packed by the dozens or cials say they sought to limit civilian cas- sary suffering’’ and ensure that the harm to hundreds into bombs, rockets or artillery ualties by trying to avoid using cluster mu- civilians does not outweigh the military ad- shells known as cluster weapons. When these nitions. But often alternative weapons were not available or would not have been as ef- vantages. weapons were fired on Baghdad on April 7, U.S. forces relied on sophisticated radar to many of the bomblets failed to explode on fective during the invasion. Unexploded U.S. cluster bomblets remain a pinpoint the sources of Iraqi fire, then cross- impact. They were picked up or stumbled on checked them against a computerized list of by their victims. threat to U.S. forces in Iraq. They have killed or injured at least eight U.S. troops. about 10,000 sensitive sites, such as mosques The four who died in the al-Dora neighbor- and schools. Cayce and the other lawyers hood that day lived a few blocks from al- The U.S. Air Force, criticized for using cluster bombs that killed civilians during looked at potential targets and advised U.S. Qaisi’s house. Rashid Majid, 58, who was commanders whether the military benefits nearsighted, stepped on an unexploded the wars in Vietnam, Kosovo and Afghani- stan, has improved its cluster bombs. But of using specific weapons against those tar- bomblet around the corner from his home. gets justified the risks to civilians. The explosion ripped his legs off. As he lay U.S. ground forces relied on cluster muni- tions known to cause a high number of civil- Cayce gave advice 512 times during the bleeding in the street, another bomblet ex- war, usually in cases involving cluster muni- ploded a few yards away, instantly killing ian casualties. The Air Force, responding to the criticism, tions. Most involved sites outside populated three young men, including two of Majid’s began working on safer cluster bombs in the areas. Cayce estimates he dealt with only 25 sons—Arkan, 33, and Ghasan, 28. ‘‘My sons! mid-1990s and started using them in Afghani- to 30 ‘‘controversial missions.’’ For example: My sons!’’ Majid called out. He died a few stan. But the Army started a program to in- He approved a strike against an Iraqi artil- hours later. lery battery in a soccer field next to a The deaths occurred because the world’s stall self-destruct fuses in existing cluster bomblets only after former Defense Sec- mosque because it was firing on the 3rd In- most modern military, one determined to fantry Division’s artillery headquarters. minimize civilian casualties, went to war retary William Cohen called in January 2001 for dud rates of no more than 1% after 2005. The choices could be agonizing. He says he with stockpiles of weapons known to endan- asked himself, ‘‘How many Americans do I The safer bomblets won’t be available for at ger civilians and its own soldiers. The weap- have to let get killed before I take out that least two years. During the war in Iraq, U.S. ons claimed victims in the initial explosions (Iraqi) weapons system?’’ Ten to 15 times, ground forces dipped into stockpiles of more and continued to kill afterward, as Iraqis Cayce advised commanders against firing on than 740 million cluster bomblets, all with a and U.S. forces accidentally detonated a target; they never overruled him. Five bomblets lying around like small land mines. history of high dud rates. Senior Army officials in Washington would times, in fact, they decided against using A four-month examination by USA Today cluster munitions even after he gave them of how cluster bombs were used in the Iraq not answer questions about the Army’s use of cluster weapons in Iraq. Maj. Gary the go-ahead because they believed the risk war found dozens of deaths that were unin- to civilians was too great. ‘‘We didn’t just Tallman, an Army spokesman at the Pen- tended but predictable. Although U.S. forces shoot there willy-nilly,’’ he says. tagon, said such weapons are effective sought to limit what they call ‘‘collateral ‘‘It was the enemy who was putting his ci- damage’’ in the Iraq campaign, they defied ‘‘against enemy troop formations and light- vilians at risk. . . . They put their artillery international criticism and used nearly skinned vehicles’’ and are used only after ‘‘a right in town. Now who’s at fault there?’’ 10,800 cluster weapons; their British allies deliberate decision-making process.’’ Rather than call upon their artillery to hit used almost 2,200. WHY CLUSTER BOMBS ARE DEADLY a target with cluster munitions, U.S. ground The bomblets packed inside these weapons Cluster bombs have been controversial forces preferred either to use other weapons, wiped out Iraq troop formations and silenced since they killed thousands of Vietnamese, such as M–16 rifles or tank rounds, or to Iraqi artillery. They also killed civilians. Cambodian and Laotian civilians during and summon the Air Force to hit Iraqi targets These unintentional deaths added to the hos- after the Vietnam War. They have since been from the sky with precision bombs. ‘‘Cluster tility that has complicated the U.S. occupa- used by armies around the world, including munitions were the last choice, not the tion. One anti-war group calculates that Russian forces in Chechnya and Sudanese first,’’ Cayce says. cluster weapons killed as many as 372 Iraqi government troops fighting rebels in a long- But aircraft frequently were unavailable. civilians. The numbers are impossible to running civil war. But their use in urban Sometimes the weather was bad or sand- verify: Iraqi records are incomplete, and areas of Iraq has given new momentum to a storms were swirling. Sometimes Air Force many Iraqi families buried their dead with- movement to restrict the use of cluster pilots insisted on seeing targets instead of out reporting their deaths. bombs. relying on radar readouts. The cluster muni- In the most comprehensive report on the Last month, dozens of activist groups hop- tions, especially M26 rockets fired by a mul- use of cluster weapons in Iraq, USA Today ing to duplicate the success of the campaign tiple-launch rocket system (MLRS), had

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.001 S06SEPT1 jcorcoran on PRODPC62 with SENATE S8996 CONGRESSIONAL RECORD — SENATE September 6, 2006 greater range than other weapons and were not been cleared properly by the coun- The result was announced—yeas 30, more reliable in bad weather. try involved. I think that is a dan- nays 70, as follows: Commanders also thought an MLRS was gerous situation. Obviously, it is a dif- [Rollcall Vote No. 232 Leg.] better at returning fire and killing the enemy. ‘‘MLRS is ideal for counterfire,’’ says ficult situation. YEAS—30 Col. Ted Janosko, artillery commander for But I would urge her to go back to Akaka Durbin Levin the Army’s V Corps. In fighting on March 31 the countries she mentioned and recon- Baucus Feingold Menendez around Karbala, 50 miles south of Baghdad, sider the reason for the use of these Bingaman Feinstein Mikulski U.S. forces came under heavy artillery fire weapons in the past—in Korea, in Viet- Boxer Harkin Murray from the Iraqis. ‘‘We used (MLRS) rockets to Byrd Jeffords Obama nam. I do not think we used them in Cantwell Johnson Reed fire back,’’ Janosko says. ‘‘As soon as we Spain. But they were used in Spain Carper Kennedy Reid started using rockets, guess what? We never after having been sold to Spain. The Conrad Kerry Sarbanes heard from that unit again. I’m not going to concepts here are impossible for our Dayton Kohl Stabenow say we killed them all . . . but believe me, Dorgan Leahy Wyden commanders to protect our forces with they did not fire again from that position.’’ NAYS—70 The 3rd Infantry Division also used MLRS the prohibitions that are involved. It is frequently. The rockets can go more than 20 impossible for us to enforce. Alexander Dole Murkowski miles, and they spray a wider area than We have a population of approxi- Allard Domenici Nelson (FL) Allen Ensign other weapons. The 3rd Infantry fired 794 Nelson (NE) mately 300 million people. We are in- Bayh Enzi Pryor MLRS rockets during the Iraq war, accord- volved in situations throughout the Bennett Frist Roberts ing to an assessment by two high-ranking di- world and have been. Just remember Biden Graham Rockefeller vision artillery officers in the U.S. Army Bond Grassley the ‘‘Marines’ Hymn: From the halls of Salazar journal Field Artillery, published at Fort Brownback Gregg Santorum Montezuma to the shores of Tripoli.’’ Bunning Hagel Sill, Okla. Schumer Burns Hatch As they raced north from Kuwait toward We have been doing this for years, pro- Sessions Baghdad in late March and early April, U.S. tecting our system abroad and pro- Burr Hutchison Chafee Inhofe Shelby forces fired rockets and artillery shells load- tecting freedom abroad. It is not the Chambliss Inouye Smith ed with bomblets into Iraqi troop and artil- province of the Senate to enact rules of Clinton Isakson Snowe lery positions in Hillah, in Baghdad and in engagement. We authorize people to do Coburn Kyl Specter Cochran Stevens other cities. U.S. aircraft sometimes dropped it, and we review them—if you want to Landrieu cluster bombs as well. Coleman Lautenberg Sununu Just before U.S. forces’ ‘‘thunder run’’ into have a hearing on it and review the Collins Lieberman Talent Baghdad on April 7, the 3rd Infantry Division rules of engagement, I will be pleased Cornyn Lincoln Thomas Craig Lott Thune fired 24 MLRS cluster rockets into Iraqi po- to participate in such a hearing—but Crapo Lugar Vitter sitions at an important intersection in the we do not write them. And we should DeMint Martinez Voinovich capital. The damage assessment, recounted not attempt to restrict them. I think DeWine McCain Warner in the Field Artillery article: ‘‘There’s noth- this would place a dangerous restric- Dodd McConnell ing left but burning trucks and body parts.’’ tion on the options available to our The amendment (No. 4882) was re- The PRESIDING OFFICER. The time commanders, as I have said. jected. of the Senator from California has ex- If the issue is a relatively high rate Mr. DURBIN. Madam President, I pired. of existing inventory, as the Senator move to reconsider the vote. The Senator from Alaska. indicates, then the solution is to re- Mrs. BOXER. I move to lay that mo- Mr. STEVENS. Mr. President, I reit- place these munitions with improved tion on the table. erate my opposition to this amend- items, many of which are not possible The motion to lay on the table was ment. The rules of engagement prop- to manufacture now because of existing agreed to. erly belong with the Department of De- restrictions on such manufacturing. AMENDMENT NO. 4895 fense and the Commander in Chief. I do not believe it can be shown we Ms. MIKULSKI. Madam President, I This amends and sets forth restrictions have used these weapons indiscrimi- am here to join with my colleague, on the ability of our military to use nately in civilian areas. I believe civil- Senator PAUL SARBANES, to offer an these munitions to protect our people ians have moved into areas where they amendment, which we have at the in the future. It also would put on our have been used in defense of our coun- desk. military and our executive branch the try and defense of our people. The PRESIDING OFFICER. The duty of trying to determine how weap- So under the circumstances, I oppose clerk will report. ons might be used in the future, should this amendment. The legislative clerk read as follows: they sell these weapons to other coun- I suggest the absence of a quorum. tries. The Senator from Maryland [Ms. MIKUL- The PRESIDING OFFICER. The SKI], for herself, and Mr. SARBANES, proposes We have been informed that this clerk will call the roll. an amendment numbered 4895. amendment is opposed by the Depart- The legislative clerk proceeded to ment of Defense. It is their determina- Ms. MIKULSKI. Madam President, I call the roll. ask unanimous consent that the read- tion that once the weapons have been Mr. STEVENS. Madam President, I ing of the amendment be dispensed transferred to a country under a sale ask unanimous consent that the order with. that is permitted, it would not be pos- for the quorum call be rescinded. The PRESIDING OFFICER. Without sible to enforce this restriction. They The PRESIDING OFFICER (Ms. MUR- objection, it is so ordered. point out the Arms Export Control Act KOWSKI). Without objection, it is so or- The amendment is as follows: already has broad guidelines on the use dered. of weapons sold by the United States. Mr. STEVENS. Madam President, it (Purpose: To provide that none of the funds And if that act is violated, the United appropriated or otherwise made available is my understanding this is the time by this Act may be used to enter into or States may impose sanctions and deny set for the vote on Senator FEINSTEIN’s carry out a contract for the performance sale or transfer of weapons in the fu- amendment. Have the yeas and nays by a contractor of any base operation sup- ture, and has, as it did in 1982, sanc- been ordered? port service at Walter Reed Army Medical tioned a country for misusing such The PRESIDING OFFICER. The yeas Hospital pursuant to a private-public com- weapons, not these in particular but and nays have not been ordered. petition conducted under Office of Manage- the weapons that had been sold. Mr. STEVENS. Madam President, I ment and Budget Circular A–76 that was The Senator from California said if ask for the yeas and nays. initiated on June 13, 2000, and has the so- anyone wants to stand up and talk The PRESIDING OFFICER. Is there a licitation number DADA 10–03–R–0001) about using these munitions, they sufficient second? On page 218, between lines 6 and 7, insert ought to defend them. Some of the in- There appears to be a sufficient sec- the following: stances which the Senator from Cali- SEC. 8109. None of the funds appropriated ond. or otherwise made available by this Act may fornia mentioned were years ago when The question is on agreeing to the be used to enter into or carry out a contract the areas were not occupied by civil- amendment. for the performance by a contractor of any ians at all. And later the civilians The clerk will call the roll. base operation support service at Walter moved into the areas, areas that had The legislative clerk called the roll. Reed Army Medical Hospital pursuant to a

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.008 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8997 private-public competition conducted under more hard-working champions for Wal- and serious flaws in the conduct of this Office of Management and Budget Circular ter Reed and military medicine than A–76 study. The study has been going A–76 that was initiated on June 13, 2000, and those two men. So in raising this on now for 6 years—contrary to law has the solicitation number DADA 10–03–R– amendment, we understand where they governing the A–76 process. As a result, 0001. are and why they also don’t want to it has been extraordinarily expensive Ms. MIKULSKI. Madam President, I get into individual privatization issues, and promises to be even more expen- ask unanimous consent that Senator but this was such an egregious, unfair sive if completed. SARBANES be added as a cosponsor to process, we felt we had to do this. The Federal employees actually were the amendment. This amendment would privatize 350 declared the winner of this competition The PRESIDING OFFICER. Without jobs at Walter Reed, mostly in September of 2004, only to have that objection, it is so ordered. landscapers and maintenance workers. decision reversed earlier this year. The Mr. STEVENS. Madam President, I Why is this A–76 so flawed? Well, the decision was reversed after a whole new thought we had an agreement to stand competition has broken the rules. It set of amendments were made with re- in recess at 12:30. has gone on and on and on. It is deeply spect to the bidding process. In fact, Ms. MIKULSKI. If the distinguished flawed. It is disastrous. It started in the solicitation has been amended a Senator will yield, I thought there was June of 2000. It has lasted more than 6 number of times with hundreds of an agreement for us to offer this years, beyond a full Senate term and changes, making the process terribly amendment and not ask for a vote on longer than a President’s term. OMB unfair to everyone involved. This par- this amendment. Had the Senate fol- says that it should not have gone on ticular A–76 is so egregious that it lowed the regular order, we would have more than 12 months, but this competi- ought to be brought to an end, and that been done with the other business, the tion has gone on for more than 6 years. is what this amendment proposes to do. pending business on cluster bombs. Federal employees in 2004 September I believe the situation as it currently Mr. STEVENS. Was there an order were declared the winner of this com- stands is also having a detrimental im- for the recess at 12:30? petition, only to have the decision re- pact on the work being done at Walter The PRESIDING OFFICER. There is versed 2 years later—not 2 days, not 2 Reed. The A–76 study covers base oper- an order to recess. The Senator from weeks, but 2 years. Then DOD kept put- ation support services—workers who Maryland will need unanimous consent ting out new plans. They announced a deal in landscaping and maintenance. in order to proceed beyond the hour of new plan where they amended it 16 The requirements now are that these 12:30. times. Every time the Federal employ- A–76 processes cannot go on for more Ms. MIKULSKI. I apologize. Madam ees won, the Army came up with a new than 30 months—in part to avoid such President, I ask unanimous consent rule. The last amendment included a disruption in the workforce. How- that the session be extended for 10 ad- 1,500 changes. This was the 49th month ever, this study has been going on for ditional minutes so that Senator SAR- of this solicitation, and once again more than 6 years. Obviously it is hav- BANES and I may offer an amendment. they said: Let’s start over. They keep ing an impact on the morale of the em- ployees and resulting in a loss in pro- The PRESIDING OFFICER. Is there changing the rules every time the Fed- ductivity. So I urge my colleagues to objection? eral employees win, and then finally be supportive of this amendment, Mr. STEVENS. Will the Senator they lost it in 2006 after this chaos. yield? I thought the amendment had Now, does contracting out save which will bring this costly and flawed been offered. money? You bet, sometimes, but not A–76 study to an end and help Walter Reed maintain the high level of serv- Ms. MIKULSKI. No, it has not. this time. It has already cost the mili- ices which characterizes that fine insti- The PRESIDING OFFICER. Without tary $7 million to conduct this privat- objection, it is so ordered. tution. ization. It is going to cost another $5 I would also add that the BRAC Com- Mr. SARBANES. Madam President, million to implement. When the de- parliamentary inquiry: Is the amend- mission has recommended the consoli- mands on Walter Reed are so high, dation of Walter Reed with the Be- ment now pending? when we have a war that has no line The PRESIDING OFFICER. The thesda Naval Medical Center. That is item, should we be spending tax dollars supposed to take place over the next amendment is now pending. to implement a program that will not Mr. SARBANES. And we have this few years. That seems to me to be an save it? This will not save the tax- additional argument for adopting this unanimous consent request to take 10 payers’ money. minutes in order to proceed; we are amendment. Also, I bring to my colleagues’ atten- In other words, in a very short period trying to help the chairman move this tion that Walter Reed will be closing in of time, Walter Reed will move to a process along. just a couple of years. Why privatize new campus where we will be devel- Mr. STEVENS. Madam President, I now? It is a solution that is wrong. The oping a new, more modern, military have no objection to offering the competition was flawed. It does not hospital. At that point, the base oper- amendment and making comments save taxpayers’ money. Sure, we under- ations workforce will have to be re- about its introduction. The Senator stand contracting out when it is legal, shaped to fit the needs of this new fa- wants 10 minutes? when it is fair, when it saves tax- cility. Ms. MIKULSKI. Yes. payers’ money and maintains integ- So I urge my colleagues to respect Mr. STEVENS. I have no objection. rity. This amendment will eliminate the reasonable rules of the bidding The PRESIDING OFFICER. The Sen- the funding to carry this out, and we process, rules which have been so de- ator from Maryland is recognized. urge its adoption at the appropriate parted from in this instance. We should Ms. MIKULSKI. We will move brisk- time. adopt this amendment to ensure that ly. This is to fix a terribly botched Mr. SARBANES. Madam President, this and other competitive sourcing competition for Federal jobs at the how much time remains? studies are conducted pursuant to the Walter Reed Army Medical Center. The PRESIDING OFFICER. There is laws and regulations governing the A– This competition has wasted taxpayer 5 minutes remaining. 76 process. money. It is unfair to Federal employ- Mr. SARBANES. Madam President, I I very strongly support my colleague. ees, and we urge that it stop. We are wish to very strongly underscore the I commend her for her important lead- opposed to this because it has gone on arguments made by my very able col- ership on this issue. Let’s be fair to the too long, it is unfair, it has broken the league, Senator MIKULSKI, with respect employees. Let’s honor a reasonable rules, and cost taxpayers an incredible to this amendment. I am very pleased bidding process with its own rules and amount of money. to join with her in offering it. requirements. I do wish at this time, though, to pay This amendment would put an end to If Federal jobs are to be subject to tribute to the distinguished Senators, a very costly and flawed A–76 competi- the competitive sourcing process, Fed- the chair and the ranking member of tive sourcing study at Walter Reed eral agencies should follow the rules the Defense Appropriations Sub- Army Medical Center, which is, of and requirements governing that proc- committee, Senator STEVENS and Sen- course, one of our foremost military ess. That has not been done in this in- ator INOUYE. We have had no finer, hospitals. There have been numerous stance, which is the reason I support

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Under determining who serves in his Cabinet. record is well documented, and the con- the previous order, the hour of 12:30 Regrettably, after 5 years of mis- sequences of his mismanagement on having arrived, the Senate will now management and mistakes in Iraq that American national security are well stand in recess until 2:15 p.m. have made America less safe, the time known. Secretary Rumsfeld was a lead- Thereupon, the Senate, at 12:45 p.m., for that leeway has passed. So, today, ing participant in the administration’s recessed until 2:15 p.m. and reassem- as I have indicated, I will offer an cherry-picking and manipulation of in- bled when called to order by the Pre- amendment expressing the sense of the telligence in the run-up to the war, ex- siding Officer (Mr. SUNUNU). Senate that President Bush replace aggerating Iraq’s connections to al- Secretary Rumsfeld immediately. f Qaida and the threat posed by its weap- This amendment is bigger than Don- ons of mass destruction—which didn’t DEPARTMENT OF DEFENSE AP- ald Rumsfeld. This is about changing exist. PROPRIATIONS ACT, 2007—Contin- course in Iraq and the President dem- As a result of his and others’ actions, ued onstrating to the American people he our Nation was rushed to war based on understands America cannot stay the The PRESIDING OFFICER. The Sen- faulty facts, and the Pentagon is now course when the present course is tak- ator from Alaska. spending $20 million on a public rela- ing our country in the wrong direction. Mr. STEVENS. Mr. President, the tions campaign to rebrand the war to The United States currently has about distinguished Democratic leader seeks the American people. New money, $20 140,000 soldiers serving in far away recognition now. I ask unanimous con- million—public relations. Iraq. Thousands have served coming sent that the majority leader be recog- Secretary Rumsfeld was one of those nized immediately following Senator from Nevada. Hundreds are there right now. They are bravely performing their who ignored the advice of the uni- REID. jobs, but it is time for the President to formed military and went into battle The PRESIDING OFFICER. Without do his and chart a new direction in in Iraq with too few troops and no objection, it is so ordered. The Senator that far away land called Iraq. plan—no plan to win the peace. As a re- from Nevada is recognized. In the last month, scores of U.S. sol- sult, the insurgency was able to gain a Mr. REID. Mr. President, I will at an diers and marines have been killed. foothold in Iraq, and now even the Pen- appropriate time send an amendment Hundreds of U.S. troops have been tagon is forced to conclude that civil to the desk. The amendment will read wounded. More than a thousand Iraqis and sectarian strife threatens our as follows: have been killed. American taxpayers troops and the future of the country of At the appropriate place insert the fol- have lost another $12 billion to this Iraq. Secretary Rumsfeld was the one lowing: mismanaged war. The totals for this who directed disbanding the Iraqi It is the sense of the Senate on the Need conflict now approach 2,700 Americans Army and purging of all Baath Party for a New Direction in Iraq Policy and in the killed and over 20,000 Americans officials from the Iraqi Government. Civilian Leadership of the Department of De- His lack of preparation delayed the fense. wounded. A third of these wounded sol- diers and marines are missing arms, training of Iraqi security forces for un- Here are the findings. legs, eyes. They are paralyzed or cop- told time. 1. U.S. forces have served honorably and ing with brain injuries, and over $300 As a result, here we are, more than 3 courageously in Iraq, with over 2,600 brave billion of debt already has been ex- years later, with not a single Iraqi Americans having made the ultimate sac- Army battalion that can operate inde- rifice and over 20,000 wounded. pended for which the American tax- 2. The current ‘‘stay the course’’ policy in payer must foot the bill. pendently—not one. We should remem- Iraq has made America less secure, reduced Today, because of Iraq, the readiness ber the Secretary’s mistakes are not the readiness of our troops, and burdened of our troops has declined to levels not all buried in the past. Just last week America’s taxpayers with over $300 billion in seen since Vietnam. There is not a sin- he demonstrated again he is not the additional debt. gle Army nondeployed combat brigade man for the job. As he spoke to the 3. With weekly attacks against American that is currently prepared to meet its American Legion this became very and Iraqi troops at their highest levels since wartime mission. I repeat, not a single clear. His remarks were wrong, they the start of the war, and sectarian violence nondeployed combat brigade is cur- were unnecessary, and they were a slap intensifying, it is clear that staying the course in Iraq is not a strategy for success. rently prepared to meet its wartime in the face to every American. Therefore, it is the sense of the Senate mission. And the Chief of the National Rumsfeld’s speech was filled with that: Guard has said the Guard is ‘‘even fur- reckless, irresponsible assertions, but 1. Our troops deserve and the American ther behind or in an even more dire sit- the most insulting and misguided people expect the Bush Administration to uation than the Army.’’ words compared the critics of the Bush provide competent civilian leadership and a In peacetime such a state of our mili- administration’s Iraq policy to those true strategy for success in Iraq. tary would be disturbing. At a time of who appeased the Nazis, leading to 2. President Bush needs to change course war, this is unacceptable. The facts on World War II—a statement made by in Iraq to provide a strategy for success. One the ground do not lie. All the speeches our Secretary of Defense. These asser- indication of a change of course would be to by President Bush, all the speeches by replace the current Secretary of Defense. tions were offensive and indicative of a In war, strategy is the searchlight that il- the Vice President, all the speeches by Secretary of Defense who has lost his luminates the way ahead. In its absence, the Secretary Rumsfeld do not change way, who is not capable of overseeing U.S. military would fight hard and well but what is taking place on the ground in America’s defense or certainly a new blindly and the noble sacrifices of soldiers that desert called Iraq. The current direction in Iraq; who is more con- would be undercut by the lack of thoughtful course in Iraq is not working, not for cerned, it seems, with the Bush admin- leadership at the top that soberly assessed our military, not for the Iraqi people, istration’s political fortunes than the the realities of the situation and constructed and not for our security. a response. safety and security of the American Five years after the attacks of Sep- people; and who must be replaced. That is a direct quote from a book tember 11, 2001, America is not as safe Keith Olbermann of NBC observed, called ‘‘Fiasco,’’ which was written by as it needs to be. Secretary Rumsfeld after Rumsfeld’s comments, as follows: Washington Post senior Pentagon cor- and the Bush White House have mas- respondent, Thomas Ricks. The quote tered the politics of national security, [His speech] did not merely serve to im- pugn the morality or intelligence—indeed concerns a war and a Secretary of De- but as we have seen day after day, the loyalty—of the majority of Americans fense I would like to talk about today. week after week, month after month, who oppose the transient occupants of the The war is Iraq, the Secretary of De- in Iraq they have failed to do what it highest offices in the land. Worse, still, it fense is Donald Rumsfeld. takes to make America safe. credits those same transient occupants—our

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.021 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S8999 employees—with a total omniscience; a total day’s New York Times as saying he close friend. I am sad to disagree with omniscience which neither common sense, would vote for an amendment of ‘‘no him as violently as I do. nor this administration’s track record confidence’’ if it came to the House of I have known Secretary Rumsfeld, abroad, suggests they deserve. Representatives. Don Rumsfeld, for many years. He We need to change course, and it These men are card-carrying conserv- came to Washington with Congressman starts at the top with President Bush. atives. If we go out of Congress, we can Jerry Ford. He has been in and out of Before anyone dismisses this amend- find other leading conservatives. How Washington. He has done a great many ment as partisan politics, I would like about William Kristol? things, committed a great portion of to remind my colleagues that Demo- Actually, we have a pretty terrific Army. his life to the service of this country. crats are not alone in criticizing the It’s performed a lot better in this war than He is highly intelligent. He is one of poor performance, the faulty perform- the secretary of defense has . . . Surely Don the first persons to serve as Secretary ance, the unfortunate performance of Rumsfeld is not the defense secretary Bush of Defense twice. He served previously Secretary Rumsfeld. In fact, on page 18 should want to have for the remainder of his as Secretary of Defense. He was a per- of the Hill newspaper today, there is a second term. son who served in the White House. He full story on all the Republicans who From the Washington Post, that is a has been a very impressive Secretary of oppose Secretary Rumsfeld and say direct quote. Defense. that he should leave. Across the country and in my own Since 1981, either Senator INOUYE or I From the military we have heard State of Nevada, people from all walks have been the chairman of the Defense from at least eight retired generals of life have called for Donald Rumsfeld Appropriations Subcommittee. During have called for his resignation. These to step down, asking the President to that time, we have met with Secre- are some of the best of the best. Who make a change. This would be a start taries of Defense. I met with them are these eight? Are they fly-by- in the change of direction. There is a prior to that time, and I served in the nighters? Do they have any ability to reason for this bipartisan groundswell: Eisenhower administration and knew speak, to say Rumsfeld should go? Who Having the right leadership to keep the Secretaries of Defense then and are they? America safe is not a partisan issue; it knew them personally. I can think of Retired MG Charles Swannack, is a national priority. no one who has worked harder as Sec- former commander of the Army’s 82nd Today in the Senate, I hope we see retary of Defense than Don Rumsfeld. Airborne Division—that is a real sol- similar bipartisan support for this I have been in meetings with him and dier; retired MG John Batiste—whom amendment, this vote of no confidence. members of the Joint Chiefs—with all we have all met; he used to come and There is no better way for the Senate of the Joint Chiefs—with other mem- brief us here—who commanded the to show the American people and, in- bers of the defense and intelligence es- Army’s 1st Infantry Division in Iraq in deed, the world that we are committed tablishment. The rapport he has built 2003 and 2004. I would think he would to success in Iraq and a more secure up among those who serve this country know or have some idea of the com- America than by demanding that in uniform and serve this country in petency of the Secretary of Defense. President Bush find leadership from the intelligence field is overwhelming. Third, Marine LTG Greg Newbold; the Pentagon that matches the skill, I have been to meetings he has held No. 4, MG Paul Eaton, who was in determination, and commitment of our with the Chiefs, just quiet dinner meet- charge of training Iraqi troops in 2003 valiant troops. We need a vote on this ings, to discuss basic subjects that and 2004; Former NATO Commander amendment. It cannot fall to par- were part of our jurisdiction, the De- Wesley Clark, a four-star general; liamentary tricks. Our troops and the fense Appropriations Subcommittee ju- Army MG John Riggs; Marine GEN An- American people must be given the op- risdiction. I have seen the way those thony Zinni, the former Commander of portunity to see that the Senate stands people interact with Secretary Rums- the United States Central Command; with them in seeking a new direction feld. LTG Paul van Riper, United States Ma- for our country. I know some people say there are dis- rine Corps, Director of the Command This amendment, which I will send to sidents in the Department of Defense. and Staff College, Quantico, VA. the desk later, says: It would be surprising in a country as Those are just eight. There are many SENSE OF THE SENATE ON THE NEED FOR A large as ours, with a Defense Depart- more. NEW DIRECTION IN IRAQ POLICY AND IN THE ment as large as ours, if there were not From the Republican side of the CIVILIAN LEADERSHIP OF THE DEPARTMENT some. I do believe he has the support of aisle, we not only have page 18 of the OF DEFENSE those who are involved in managing Hill—anyone within sound of my voice Findngs: our activities at home and abroad now can read that. I am not going to go 1. U.S. forces have served honorably and in the defense area. He has a steady through all the names. We have heard, courageously in Iraq, with over 2,600 brave hand. I know he has the trust of the though, from Senators in this body— Americans having made the ultimate sac- President. I admire the work he has rifice and over 20,000 wounded. done. Senators MCCAIN and HAGEL, two war 2. The current ‘‘stay the course’’ policy in heroes from Vietnam. JOHN MCCAIN Iraq has made America less secure, reduced I find it unfortunate that this bill served in a prison war camp for years— the readiness of our troops, and burdened will be held up now for a period of time not months, years. Senator HAGEL America’s taxpayers with over $300 billion in debating the future of Secretary Rums- saved his brother from death in the additional debt. feld. I say categorically that this battlefields of Vietnam. Both are high- 3. With weekly attacks against American amendment is nongermane to this bill. ly decorated. I repeat, two heroes of and Iraqi troops at their highest levels since It is subject to a point of order. I will Vietnam who have been harsh critics of the start of the war, and sectarian violence make the point of order when the intensifying, it is clear that staying the amendment is laid down. Everyone re- the Secretary of Defense have said they course in Iraq is not a strategy for success. have no confidence in Rumsfeld. Sen- alizes that. Therefore it is the sense of the Senate The time we take to discuss this sub- ator HAGEL said: that: The concern I’ve had is, at a very dan- ject is going to delay getting this bill 1. Our troops deserve and the American to the President to be signed. I repeat gerous time, (the) Secretary of Defense does people expect the Bush Administration to not command the respect and confidence of provide competent civilian leadership and a what I have been saying for over a our men and women in uniform . . . There is true strategy for success in Iraq. month: it must be to the President and no real question about his capacity to lead 2. President Bush needs to change course signed and the money ready to be allo- at this critical time. in Iraq to provide a strategy for success. One cated on October 1. The funds are abso- This is Senator HAGEL quoted in the indication of a change of course would be to lutely necessary this time. There will Lincoln Journal Star. replace the current Secretary of Defense. be no bridge for this period. These In the House of Representatives, the The PRESIDING OFFICER. The Sen- moneys must be available. I hope Mem- list is very long. I will not name all of ator from Alaska. bers of the Senate will be brief. I will the Members. Longtime Congressman Mr. STEVENS. Mr. President, the be reasonably brief in terms of what I Chris Shays from Connecticut, who has distinguished Senator, the Democrat am saying about my good friend, the been in Iraq 14 times, is quoted in to- leader, the Senator from Nevada, is a Secretary of Defense, Donald Rumsfeld.

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.023 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9000 CONGRESSIONAL RECORD — SENATE September 6, 2006 He has forged close relationships. He we might spend 4 hours on the debate Yet that is what this war is devolving has earned senior military leaders’ con- over a war we are now facing for our into right now. fidence. Just 2 weeks ago, I was in fourth year indicates that it truly is In sum, to fight a war on terror, we Fairbanks with him when he dedicated appropriate. need to be both strong and smart. With the Lend-Lease Memorial, the memo- What we would like to do is ask Secretary Rumsfeld and this adminis- rial to those Army Air Corps pilots unanimous consent that the following tration, you do see a great deal of who flew planes to Fairbanks and the Democratic Senators be recognized in strength, but we do not see enough of Russian pilots who flew the planes on the order as stated with the under- the smarts. We can have both. The two into Russia, going across the Bering standing that if a Republican Senator are not contradictory. Strait, going across Siberia, going seeks recognition, they would be recog- Furthermore, Secretary Rumsfeld’s across the Urals and into the area nized in alternating fashion. comments last month before the Amer- where they could be used in the defense I will read the list of Democratic ican Legion show he does not get it. of the Allies against the Nazi challenge Senators in the order in which they The President’s comments yesterday to the world. Secretary Rumsfeld was will speak: Senators SCHUMER, DURBIN, show he doesn’t get it. We do not need overwhelming. LEVIN, REED of Rhode Island, KERRY, to be reminded that Osama bin Laden The interesting thing was our part- CLINTON, KENNEDY, HARKIN, BOXER, is still alive. It is 5 years since Sep- ner at the dinner table was the Sec- DAYTON, CARPER, DORGAN, MURRAY, tember 11, and he is still alive. We will retary of Defense from Russia—a gen- and MIKULSKI. address that in an amendment both tleman with a great deal of capability, Mr. WARNER. Mr. President, at this colleagues from North Dakota will by the way. He speaks English very point in time, I reserve, with the un- bring up. well. We had a delightful conversation derstanding that I encourage it be Certainly, when Secretary Rumsfeld about the past, about the war. agreed to, but the distinguished Sen- tries to draw the analogy to World War It was my honor to serve in World ator from Texas, the Senator from II, the analogy is flawed. Back in the War II as an Army Air Corps pilot. I Alaska, and others are going to work late 1930s, indeed, there were many was pleased to see so many of my col- on the sequencing over here, so I won- Americans who wished to appease Hit- leagues. Everyone was delighted with der if we could just informally say we ler and thought he could be won over. Secretary Rumsfeld and was over- will follow that until such time as one I don’t know of an American who whelmed to have their pictures taken of these two come over and agree. thinks we can appease the terrorists, with him. Mr. DURBIN. In response to the Sen- al-Qaida and the others who strike This man deserves the support of the ator from Virginia, this only reflects against us. It is a false analogy. I dare Senate. He does not deserve the opposi- the order of the Democratic speakers, them to name a single Member of this tion, I am sad to say, in my opinion, on but if the Senator would like to with- Senate or the other body or anyone a purely political basis. There may be hold the agreement of this until the else who is seeking appeasements of some on this side of the aisle who have Senator has his complete list—— the terrorists. lost confidence, but this Senator has Mr. WARNER. A list, thank you. Secretary Rumsfeld’s speech in Utah not. Mr. DURBIN.—I am happy to do that. was a low point. We got a lot of name- I hope and I pray that Members of The PRESIDING OFFICER. Without calling, more slogans, but for all the the Senate will be reasonably brief in objection, it is so ordered. hype, we did not get any new policies. their comments on this proposal. The request is withdrawn. One has to ask: Is the name-calling, is Mr. WARNER. Will the Senator Mr. DURBIN. I ask unanimous con- the hype—are there imperfect histor- yield? sent that Senator SCHUMER from New ical analogies made because there is no Mr. STEVENS. I am happy to yield. York be recognized for this side of the plan? That is what it seems to be. Mr. WARNER. Mr. President, I will aisle. When the American people—Demo- eventually address my own remarks, The PRESIDING OFFICER. The Sen- crats, Independents, and Republicans— but as the distinguished Democratic ator from New York. are crying out, in droves, for a change leader spoke, we had the majority lead- Mr. SCHUMER. Mr. President, I will in direction and a new policy, we hear er here. It was his intention, of course, be brief. I know we have a long list of none. We never get a plan. Unfortu- to follow the Democratic leader with Members who wish to speak on this nately, we also often do not get his remarks. He was called to the weighty and important matter. straight answers. White House, and therefore we will First, I compliment the minority When Secretary Rumsfeld was asked have to hear from our distinguished leader. The resolution he has put for- by a member of our Armed Forces majority leader later in the day on this ward is well thought out and covers a about the lack of body armor, he could matter. range of issues for those who believe not give a direct and forthright answer. If I could ask my colleagues across the war in Iraq needs a new direction; We must get answers on what has gone the aisle, perhaps we could alternate. therefore, I am proud to support this wrong. We need to hear a plan for get- Senator STEVENS has spoken; perhaps I resolution. I hope we can get bipartisan ting it right. Unfortunately, we have could follow your next speaker as a support for it. Most Americans—Demo- heard neither from this administra- matter of comity. crats, Independents, and Republicans— tion, and particularly our Secretary of The PRESIDING OFFICER. The Sen- believe we need a new direction in Iraq. Defense. ator from Illinois is recognized. That is what this resolution personi- This is not even about the end game Mr. DURBIN. Mr. President, let me fies. because that is the President’s respon- say initially—— Our troops on the ground and their sibility. And we are going to be focus- Mr. STEVENS. I still have the floor. loved ones here at home deserve a clear ing on President Bush repeatedly on I am happy to yield. I want to have the policy, a plan, from this administra- that issue. This is also about the im- consent entered into. If the Senator tion—not rhetoric, not name-calling, plementation of the administration’s from Illinois is willing to enter into not ‘‘kneecapping’’—a plan, a direc- own goals, and that falls on Secretary the agreement, we can go back and tion. We cannot continue to pour lives Rumsfeld’s shoulders. forth across the aisle. I am happy to and resources into Iraq without a clear When a schoolteacher tells one of our agree to that unanimous consent with plan for transitioning the security of colleagues, Senator DORGAN, that she that understanding. Iraq to Iraqis. With the insurgency div- had to pay for the body armor for her The PRESIDING OFFICER. Without ing into civil war, we need to come up son who was in Iraq, something is objection, it is so ordered. with this plan now. wrong with the implementation. That The Senator from Illinois. No Americans anticipated that the does not go to the plan. That does not Mr. DURBIN. Let me say initially main goal of our troops would be to po- go to whether you are a hawk or dove. that I am sure during the course of the lice a civil war, knowing the longtime Everyone would think our troops would debate there will be many raising the hatred between the Shiites and the need body armor. Yet tens of thousands question of whether we should spend Sunnis, between the Shiites and the did not get it on Secretary Rumsfeld’s this time on this debate. The fact that Kurds, and the Sunnis and the Kurds. watch.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.025 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9001 When Iraq was supposed to have, by istan was a worldwide staging area for off the table. It is not germane. We now, a self-sufficient army that could terrorism, where the training took need to get back to the business of ap- guard against a civil war, and it is not place, communications were organized, proving the resources that our soldiers even close, the implementation of that financing took place. Iraq was sitting need. falls on Secretary Rumsfeld’s shoul- on multiple chemical weapons in defi- I would appeal to my Democratic col- ders. Not even discussing whether de- ance of the United Nations resolution. leagues to stop performing for an audi- mocratization is right, it has not been Numerous terrorist attacks had oc- ence and help us fight this war on ter- done appropriately or properly. curred against our warships, our em- ror. So to say that Secretary Rumsfeld bassies. And our administration, under Mr. President, I yield back. should be removed from office does not President Clinton, did nothing. The PRESIDING OFFICER. The Sen- let the President off the hook. He is re- Again, terrorism was unchallenged ator from Illinois. sponsible for the policies, and those are and undetected. President Clinton was Mr. DURBIN. Mr. President, I am not working. But Secretary Rumsfeld doing exactly what our Democratic col- glad the Senator from South Carolina has not only gone along with those leagues want President Bush to do is still on the Senate floor because I policies, he has been the lead figure in now. They tried to stop the PATRIOT want to make clear that debating the the failure of the actual implementa- Act so that we would not have the war in Iraq is not a performance. It is part of our responsibility. This is the tion of those policies. tools to fight terrorism. They have world’s, maybe the Nation’s, greatest Democrats want new strategies and tried to stop the interception of com- deliberative body. And if we do not new ideas to fight a strong war on ter- munications from terrorists into this take a few hours to address the policies ror, to secure the peace in Iraq. We cer- country so we could not find out who and strategies in Iraq, then we are not tainly do not want the continuation of they were and what they were plan- living up to our responsibility. the status quo, which is clearly not ning. They have complained about The Senator from South Carolina moving Iraq in the right direction. tracing the financing of terrorism went on to say that we tried to stop There have been major tactical fail- around the world—when this President the PATRIOT Act. The Senator was ures which Secretary Rumsfeld and the took action. not here when the PATRIOT Act was administration refuse to admit: failure We need to remind our Democratic considered. He was still a Member of to protect vital infrastructure, failure colleagues that before President Bush the House, and he may not know what to protect the streets from looters and took office, 9/11 had already been happened. But with the exception of violence, failure to protect a strong planned under the Clinton administra- one Member on our side of the aisle, Iraqi security force. tion, been financed. The communica- every Senator voted for the passage of However, these failures are among tion was set up. All the tools that the the PATRIOT Act. It was a strong bi- many, and they are things that neither President needs and has used to protect partisan vote. Also, for the reauthor- the President nor Secretary Rumsfeld us were not used then. So 9/11 has hap- ization of the PATRIOT Act, it was a will own up to, much less address. pened. strong bipartisan vote. People in this administration, this But since 9/11, this President took ac- When it came to obstructing the week, are giving a lot of speeches on tion. And with the support of this Con- President’s efforts in Iraq, I will con- this topic. But they never talk about a gress, he along with his staff has cede I was 1 of 23 Senators who voted plan, a change in direction, what we changed Afghanistan. Afghanistan is against the authorization of force. But are doing wrong, why it has not no longer the staging area for ter- I have voted for every penny this Presi- worked, and what has to change to rorism. And a signal has been sent to dent has asked for to wage this war in make it right. If you ignore the reali- any country that does it. Iraq. On a bipartisan basis, we have ties and simply engage in a game of Afghanistan is now a democracy. provided this President with every re- name-calling and sloganeering, you are Women can vote and go to school. Iraq source. So this version of the past never going to solve the very real prob- no longer has control of their arsenal which the Senator from South Carolina lems. of chemical weapons. Iraq is moving has recounted, I think, is deficient in In conclusion, Mr. President, the bot- toward a democracy, admittedly with many respects. I hope when he reviews tom line is very simple: The American many difficulties. the record he will realize that. people want some answers. What is the But if our Democratic colleagues had I will also tell you that I believe this game plan in Iraq? How are we going to their way, Iraq would become the new is an important debate today, and it is, win the war on terror? We need answers staging area for terrorists. Being be- of course, focused on the Secretary of to these questions and a new direction tween Iran and Syria, if we leave before Defense but, more importantly, focused in Iraq. Removing Secretary Rumsfeld this country can stand up on its own, on our strategy in Iraq. The Demo- from office will be a first step to ac- everyone knows it will be in the hands cratic side of the aisle believes we need complishing that goal. of terrorists. a strategy for success. We need to I yield the floor. We cannot retreat. We must fight make certain that when we do leave The PRESIDING OFFICER. The Sen- this global war that has been declared Iraq, it is with our mission truly ac- ator from South Carolina. on us. There is a reason there has been complished. And that means, of course, Mr. DEMINT. Thank you, Mr. Presi- no attacks in this country since 9/11. It changing direction on our policies in dent. is because we have been attacking the Iraq. I am afraid if my Democratic col- terrorists all around the world. As we pass this bill, which will add to leagues spent half the time helping us The Democrats are united. They are the nearly $300 billion in our national fight this war on terror as they do at- united in the idea of retreat and defeat- security effort, we continue to make a tacking the administration we would ism. They attack this President with great investment in Iraq—no greater be a lot closer to winning this war. no ideas of their own. They are trying investment than the human lives that But, unfortunately, they are very to take the tools to fight terrorism have been lost by our brave American united in defeatism, in their negative away from this President—the PA- soldiers who have served there. Yet it attacks on the President, and, in the TRIOT Act, the interception of com- is our responsibility, in fact I think it process, encouraging terrorists all munications, tracing finances. On is our constitutional responsibility, to around the world, sending the signal every turn, the Democrats are ob- question the policies of the administra- that America is frustrated and ready to structing the things that have changed tion when we disagree with them. quit. with this President that allowed ter- Retired GEN Wesley Clark stated America is not ready to quit. rorism to grow unchallenged for 8 yesterday that our Nation made a stra- As they continue their attacks, I years under the Clinton administra- tegic mistake in invading Iraq. would like to remind them of the tion. We went into that war on the basis of progress we have made since President Now my colleagues on the other side poor intelligence, with too few troops, Bush took office. Before President of the aisle have stooped to attacking and without the necessary equipment. Bush took office, after 8 years of Presi- members of the President’s Cabinet. I Our troops paid a heavy price for those dent Clinton’s administration, Afghan- think it is time to get this amendment decisions.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.027 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9002 CONGRESSIONAL RECORD — SENATE September 6, 2006 Today, we face a situation in Iraq necessary troops to make sure we lived earlier, these generals were under his which the Pentagon told us last week up to the Powell doctrine with over- command. Many of them had impor- is dangerously close to civil war. We whelming force and responded to the tant responsibilities and saw up close cannot continue along this same pat- possibilities that were ahead of us after this Secretary in action. tern. Our soldiers deserve better. Saddam Hussein was deposed, for his I thought one of the most dramatic If we are to change policy in Iraq, we candor and honesty General Shinseki’s statements was made by retired LTG need new leadership at the Department command was replaced. Gregory Newbold, a Marine Corps gen- of Defense. We need a fresh start. We The administration was not about to eral. He said: need a new team. We need a new direc- stand still for someone in uniform tell- We need fresh ideas and fresh faces. That tion when it comes to our strategy in ing them the stark, honest truth: that means, as a first step, replacing Rumsfeld Iraq. without enough soldiers, the ones we and many others unwilling to fundamentally Our Armed Forces have shown ex- sent to war would be in danger. change their approach. The troops in the traordinary courage. They have done So we invaded with too few troops to Middle East have performed their duty. Now everything we have asked of them. secure the peace. As a result of that de- we need people in Washington who can con- struct a unified strategy worthy of them. It With courage and with dedication they cision, and the decision to disband the is time to send a signal to our Nation, our have adapted to conditions on the Iraqi Army, the initial insurgency took forces and the world that we are uncompro- ground with enormous skill and inge- hold in Iraq. The miscalculation by the mising on our security but are prepared to nuity. But decisions by the leadership planners and the leaders made life rethink how we achieve it. at the highest levels of the Govern- more dangerous for our soldiers on the General Newbold went on to say, in ment—at the White House and at the ground in Iraq. some of the most touching and dra- Department of Defense—have mag- Since then, sectarian violence has ex- matic words I have read: nified the challenges our troops face. ploded, creating conditions that now The cost of flawed leadership continues to I listened as the Senator from South approach civil war. And every one of us be paid in blood. . . . They must be abso- Carolina talked about nuclear weapons recalls the situation involving the lutely sure [speaking of our soldiers] that in Iraq and weapons of mass destruc- equipment given our troops. I remem- the commitment is for a cause as honorable tion. I am sure he did not mean to ber my first visit to Walter Reed Hos- as the sacrifice. state that we found those weapons of pital, meeting a National Guardsman Here is what Lieutenant General mass destruction because, despite the from Ohio who lost his right leg at the Newbold of the Marine Corps said in best efforts of our Government, we knee. He said: closing: have found no evidence of the weapons I was in one of those humvees that just had My sincere view is that the commitment of of mass destruction we were told were canvas on the side. A bomb went off and I our forces to this fight was done with the the reason we had to invade this coun- lost my leg. You have to do more to protect casualness and a swagger that are the special try. We have found no evidence of the those soldiers. province of those who have never had to exe- nuclear weapons program which we He wanted to go back, even with his cute these missions—or bury the results. were told threatened the United States amputation, just to show his commit- He is not alone in this assessment, with mushroom clouds. ment to our Nation. The leadership nor is he alone calling for a change in So to suggest today, as some still do, under Secretary Rumsfeld didn’t show leadership at the Pentagon. For those that there really were weapons of mass the same commitment when it came to who stand before us and say that any destruction when we invaded Iraq, we protecting our troops as they road in time we are critical of the policy of have never found them, and it is an in- humvees. I recall a friend of mine this administration we are somehow dication that the American people were whose son is a member of the military not standing behind the troops, I will misled, misled from the highest levels police with the U.S. Army. He told me tell you these are words spoken by of our Government as to the true he and his wife went out to buy the troops, by soldiers and marines who threat against the United States. That body armor that his son wasn’t given have been there, paid the price for is, indeed, unfortunate. And it is unfor- when he went to Iraq. Have we reached swearing to stand by our Nation. tunate, as well, that the President, the that point, spending billions of dollars, Now we have a report from the Pen- Vice President, as well as the Sec- as we have, when individual families tagon that the situation on the ground retary of Defense, and others, made have to take up collections at churches in Iraq is deteriorating—a grim por- statements that misled us into believ- or reach into their savings accounts to trait last week of Iraq—saying violence ing that there were threats in Iraq that provide the most basic equipment? has reached its highest level in the last clearly did not exist. The fact is that that happened, and it 2 years, with executions, kidnappings, But when we talk of the record of the happened under the watch of Secretary bombings, and torture killings of more Secretary of Defense, even beyond the Rumsfeld. Today, we know the situa- than 3,000 Iraqis a month. Ninety per- misleading statements which led to our tion with our military. Brave men and cent of the bodies coming into the war, the fact is that at a moment in women are still willing to serve, but we Baghdad morgue are execution victims. time the Secretary of Defense said to understand that readiness is a serious Many were gruesomely tortured before the President: We are ready to go to issue. Bonuses are being given for those being killed. war. who will join the military or stay in According to that assessment, the We know now we were not ready to uniform. We understand that the number of attacks in Iraq over the last go to war. standards have changed because of the 4 months is up 15 percent, and the num- Do you recall on February 25, 2003, difficulty meeting enlistment goals. ber of civilian casualties in the last 4 Army Chief of Staff GEN Eric Shinseki But these are reality. We know that months is up 51 percent. Over 137,000 testified before the Senate Armed the National Guard across the United people have been internally displaced Services Committee? He stated that, in States has 34 percent of the equipment in Iraq since last February, pushed out an invasion of Iraq, ‘‘any postwar occu- they need to do their job. of their homes. We know it is because pying force would have to be big Let me remind everybody that the of rising sectarian strife and violence. enough to maintain safety in a country decision to invade was the decision of The report from the Pentagon, for the with ethnic tensions that could lead to this administration and this Secretary first time, concedes that ‘‘conditions other problems.’’ of Defense. They picked the date, the that could lead to civil war exist in He was asked how many troops were time, and they established when readi- Iraq.’’ needed. General Shinseki said: ness would be adequate. Sadly, they Today, we have about 140,000 troops Something on the order of several hundred were wrong. The administration chose in Iraq, and 2,657 brave Americans have thousand soldiers. to invade Iraq but failed to plan for its given their lives in that conflict as of And he added: aftermath. You have heard about the September 5. We owe it to those who Assistance from friends and allies would be generals who spoke out, calling for a gave their lives and who still serve, and helpful. change in the leadership at the Depart- their families who stay behind and For his candor and his honesty, he ment of Defense, calling for Secretary pray for their safety, to make sure was replaced. Instead of sending the Rumsfeld to go. As Senator REID said they have the right leadership.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.028 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9003 This is not a question of will. This is until we finally woke up on September is a threat driven by an extreme ide- a question of leadership and mission. 11, 2001, and realized we were at war. ology that celebrates the murder of in- Our soldiers deserve better. They de- The problem is not them; the problem nocent civilians to accomplish its serve leadership from the Pentagon is us. It is America. It is America’s goals. What would be the consequences that will provide them with the equip- leaders. We are the problem. of doing as our colleagues on the other ment they need, the direction they This is more important than any side of the aisle suggest, leaving before need to make certain that they truly party. This is more important than any the Iraqi security forces are able to come home with their mission accom- election. This is more important than provide security for their fragile and plished. We need to change the leader- any single person. This is about wheth- fledgling democracy? It would be the ship in the Department of Defense, and er we will win this war that was de- same mistake that we saw occur in Af- we need to change the leadership of clared against the United States that ghanistan. After the Soviet Union was this Secretary. we finally woke up and realized was defeated and Afghanistan became a The Pentagon’s report makes it going on, on September 11. It dates failed state, we saw the rise of the clear: back as long ago as 1979, when the U.S. Taliban and saw its partners in al- Since the last report, the core conflict in embassy in Tehran was overcome and Qaida and Osama bin Laden. Iraq has changed into a struggle between for 444 days American citizens were Our friends on the other side of the Sunni and Shia extremists. . . . held captive by Islamic militants. aisle talk about a change in direction, Is that something we bargained for Our friends on the other side of the fresh ideas, new direction. Those are when we voted for this? Did we bargain aisle would like to claim that this is campaign slogans. They are not about for the fact that our soldiers are stand- all about Iraq and a mistake that was solving the problem. They are not about beating the enemy, defeating the ing in the crossfire of a civil war made going into Iraq, and but for that enemy who declared war on us as far today? How many times have we been mistake the world would be rosy and back as 1979. promised that the Iraqis will come to we would be at peace. But that is revi- sionist history. I know that our colleagues have been the rescue? We are spending billions to critical. Again, they have every right train them and replace our troops. It is The fact is that in 1979, when our em- bassy was captured and Americans to be. This is America. We believe in not a credible statement until Amer- free speech. We believe in people being ican soldiers start coming home. were kidnapped in Tehran, and in 1983, when 241 marines were killed in Beirut able to express their views no matter Many of us believe that the Iraqis how mistaken, no matter how naive. will not stand and fight and defend by Hezbollah, the same terrorist orga- nization that has been lobbing This administration and the Sec- their own country as long as they be- retary of Defense have been criticized lieve the American soldiers will do the Katyusha rockets, supplied by Iran through Syria, into Israel—yes, this is for saying we need to stay the course, job. The best military in the world is we need to keep the faith, that what we there to protect them at no expense. the same enemy that continued to at- tack American embassies in Africa in are doing in Iraq and what we are doing We have to let the Iraqis know that in trying to fight and defeat this this is their responsibility. 2000, and killed 17 American sailors on the USS Cole. Yes, this is the same enemy of Islamic extremism is impor- I will close by saying this debate tant to the security of this country be- makes one thing very clear to the peo- enemy that killed almost 3,000 Ameri- cans on September 11, 2001, in New cause if we were to do as some of our ple of America. Neither this Repub- friends on the other side of the aisle lican President nor this Republican York City and Washington, DC, and but for the brave actions of a few on Flight suggest and leave Iraq before the Iraqis Congress will challenge, nor will they are able to provide basic security, it 93, perhaps thousands more would have change a policy that has cost us too would become another failed state. many brave American lives, 2,657 sons been killed. Recently, I attended a speech where And, no, this is not George Bush’s Viet- and daughters, husbands and wives, nam because after Vietnam, the Viet- cousins and friends—the people we love the Deputy Secretary of Defense spoke. He asked the question: cong did not follow us here. That is ex- who have given their lives so far. actly the threat with which we are con- Do you know why it was that these Islamic Sadly, last week, 18 were added to that fronted today. list. More were added yesterday. extremists killed 3,000 people on September 11, 2001? It was because they could not kill The Islamic extremists who have de- We have now spent over $300 billion. 30,000, and because they could not kill 3 mil- clared war on America and the West We are in the fourth year of this fight. lion. Is there any doubt in anyone’s mind will follow us here unless we deal with There is no end in sight. Suggesting a that an ideology that celebrates the murder them on the offensive there. And, yes, change in leadership so we can start to of innocent civilians in order to accomplish every time we seem to talk about the move forward in a new direction to- their objective would stop at anything, use tools that are necessary to win this ward a real victory is long overdue. any weapon at its disposal to accomplish its war, we run into a brick wall of opposi- Change may not take place in this ends? tion on the other side of the aisle, such Republican-controlled Senate. We have Mr. President, I disagree with our as listening to international phone been told they will object to even tak- colleagues on the other side of the aisle calls between al-Qaida operatives and ing a vote on this issue about whether that this war is limited to Iraq and their confederates here in the United we are confident in the leadership of that if we were to withdraw our troops States. Yet our friends on the other Secretary Rumsfeld. But even if change precipitously, the world would sud- side of the aisle said: Foul; the Presi- will not take place in this Chamber, denly be a rosy place and we would live dent doesn’t have the authority to do the American people will still have the in peace. that. Only Congress has the authority last word on November 7. Unfortunately, this debate seems to to do that. So we get into a big food I yield the floor. be more about criticizing those who are fight about who has the power, who has The PRESIDING OFFICER. The Sen- prosecuting the war. No, we are not the authority, not about working to- ator from Virginia is recognized. going to be critical of the men and gether to solve the problem. Mr. WARNER. Mr. President, at this women in uniform, but our colleagues When it comes to the issue of how do time, we seek the benefit of the com- on the other side of the aisle are all too we deal with those who have been cap- ments of the Senator from Texas. ready to criticize those who command tured on the battlefield and detained in The PRESIDING OFFICER. The Sen- them, the civilian leadership in the De- Guantanamo Bay—sources of impor- ator from Texas is recognized. partment of Defense and the Com- tant intelligence that have disrupted Mr. CORNYN. Mr. President, listen- mander in Chief. I am not saying they and deterred terrorist attacks and ing to the comments of our friends don’t have a right to criticize them. I saved American lives—it seems as if across the aisle, you would think this am not saying that they have been per- the focus is all too often on what is more about an election than it is fect and haven’t made mistakes. But I should we be doing to make the detain- about winning a war. The problem is think we need to keep our eye on the ee’s life better rather than what should not so much in the eyes of the critics threat. The threat is not just Iraq, the we be doing to get that intelligence or the Islamic extremists who attacked threat is in Afghanistan, it is in Ma- which will allow us to detect, deter, the United States time and time again, drid, it is in Beslan, it is in London. It and disrupt terrorist activities.

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.031 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9004 CONGRESSIONAL RECORD — SENATE September 6, 2006 Now the world has turned an anxious uting to the defeat of that enemy or will in Iraq which is lacking, and that eye toward Tehran once again, where whether the current course we are on is will must be brought to bear. We must the same radical ideology has caused making us less secure, as our resolu- prod it, we must pressure it, we must them to supply, through Syria, weap- tion states. push them to do what only they, again, ons to Hezbollah, a terrorist organiza- It is long past time for a change in can do. tion that has killed more Americans course. When you find yourself in a I believe they must face an abyss. than any other in the world, save and hole, the first thing you should do is These decisions are obviously difficult, except al-Qaida. stop digging. Unfortunately, President we know that. There is a long history Is there any doubt that if Iran had Bush and the administration just keep there that needs to be overcome. But been able to supply biological, chem- digging us into a deeper and deeper the Iraqi leaders must face the abyss. ical or nuclear weapons to Hezbollah in hole. They must face a very stark choice: order to achieve its stated goal of wip- The President has given the Iraqis civil war or nationhood. ing Israel off the map, is there any the impression that our commitment The American security blanket is question that they would have with- in Iraq is open ended. He reinforced now providing a negative incentive to held their hand, that they would not that impression when he said last reach those kinds of essential deci- have done so? month: We are not leaving so long as I sions. Instead, similar to a broken I have to say I think this must be a am President. record, President Bush and members of very strange picture to the civilized The Iraqi leadership needs a wakeup his administration keep saying that world, those who actually believe we call, a dose of reality. They need to be the choice in Iraq is between staying are serious about fighting this enemy told: If you don’t get your political the course or withdrawing, cutting and running. That is not the choice. There who has declared war against the West house in order, if you don’t reach a po- is a third choice: changing the course, and against our way of life and against litical settlement that leads to the end changing the negative dynamic in Iraq, our values, that instead of focusing to- of the Sunni insurgency and leads to which is the best and, I believe, only gether on how do we defeat this enemy the dismantling of the Shia militia, hope of achieving our mission. Staying who declared war on us, we have some- then we cannot save you from your- on this downward spiral in Iraq makes how turned this into an election-year selves. It is in your hands, we must tell the Iraqis, not ours. Whether you want no sense. effort to discredit and vote no con- Some of the President’s recent com- to put together a nation or whether fidence for the Secretary of Defense. It ments on Iraq sound as if he is out of you have a civil war is your choice. We is the wrong direction. touch with the reality on the ground. Our colleagues on the other side of have opened the door for you. We have For example, the President was ex- the aisle say there is no plan for suc- given you an incredible opportunity tremely naive when he said at a recent cess and, of course, there is. It is to which no other country would even press conference that the violence in provide training to the Iraqi security consider giving but ours. We have paid Iraq, Lebanon, and Gaza was the result forces so they can provide security, and for it in blood and treasure. But only of ‘‘groups of terrorists trying to stop we can bring our troops home, allow the Iraqis can utilize that opportunity. the advance of democracy.’’ But it is a this new Government in Iraq to resolve We cannot force them through that terrorist group, Hezbollah, which is its differences after 30 years of tyr- door that we have opened for them. part of a democratically elected Gov- anny, try to work through the sec- The Iraqi leadership now is operating ernment of Lebanon, and the democrat- tarian conflicts by creating a coalition under the misconception that we are ically elected Government in Iraq sup- government, and then to allow the there as long as they want us or as long ported and identified itself with Iraqi people to enjoy the prosperity so as they need us. That misconception Hezbollah, a terrorist group, and its at- they can see the benefits of self-deter- must end. They must be told that they tacks on Israel. mination and free and fair elections. must make the political compromises, The President also said at that Au- But our colleagues on the other side they must share resources, they must gust 21 news conference that ‘‘Saddam of the aisle seem to be long on criti- share political power, that only they Hussein had relations with Zarqawi,’’ a cism, long on complaints, and short on can decide if they are going to, in fact, terrorist who was killed in Iraq. That plans. They have yet to offer a single avoid an all-out civil war and defeat simply is not true. It continues an ad- concrete idea about what they would the insurgency. We cannot do that for ministration’s tactic of trying to link do differently to win this war and de- them. Saddam Hussein and al-Qaida, a link feat this enemy. I, as one Senator, We have been there now longer than that our intelligence community has would welcome their ideas, if they have we fought the Korean war. They have repeatedly said did not exist. It con- ideas, so we can work together to de- had an opportunity to create a con- tinues a pattern of this administration feat the common enemy because, as I stitution. By now, they were supposed of falsely linking Saddam Hussein to said, this is more important than any to consider amendments to that con- the people who attacked us on 9/11 in election, than any party or any person. stitution. That apparently has been an obvious effort to win public support This is about the safety and security of shelved by the Iraqi political leader- for the administration’s Iraq policy. our Nation and our hope and dream ship. That is unacceptable to us; it is It is part of a continuing pattern of that the values we represent can be ex- unacceptable to the American people. misleading and false statements, such ported—and the blessings of liberty The American people want the Iraqi as the effort which lasted over years of along with it—to other nations that leadership to make the compromises making the American people believe have never known anything but the they need to make to avoid an all-out that there was a meeting in Prague be- boot heel of a tyrant. civil war. They must take hold of their tween the head of the Iraqi Secret I hope our colleagues will reconsider country. Service and Mohammed Atta prior to 9/ and will not pursue this distraction, We must begin, I believe, a phased 11, Mohammed Atta being the lead hi- will not pursue this unwise and inap- withdrawal of U.S. forces from Iraq jacker and attacker on us on 9/11. That propriate vote of no confidence against this year, by the end of this year—and was false. The intelligence community the Secretary of Defense. the Iraqis should be told by the end of did not believe that meeting took Mr. President, I yield the floor. this year that the phased withdrawal is place. And yet month after month The PRESIDING OFFICER (Mr. MAR- going to begin. It is essential to do this prior to the war and after the war, the TINEZ). The Senator from Michigan. in order to prod the Iraqis to reach the administration kept pointing to re- Mr. LEVIN. Mr. President, our cur- political settlement which, according ports of the meeting that suggested the rent policy in Iraq has not been work- to our top commander in Iraq, is essen- link between the people who attacked ing; it is not working. It is making us tial if all-out civil war is going to be us on 9/11 and Saddam Hussein, trying less secure against the common enemy avoided. to create the impression that Saddam which the Senator from Texas has cor- This cannot be won militarily. The Hussein was part of that attack, to rectly identified. It is, indeed, a com- military piece has been done. We have such an extent that over half the mon enemy. The question is whether 80 to 90 percent of the Iraqi military American people believed that, in fact, the current course we are on is contrib- force now trained. It is the political there was such a link.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.032 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9005 Finally, the President recently in- to hear a wake-up call from the Presi- that we are on makes it more difficult sisted there be no withdrawal of Amer- dent instead of a soothing message for us to defeat that enemy where they ican troops so long as he was Presi- that we will be there so long as he is are, and it makes it less likely that we dent. He gave a long list of reasons for the President. will have the ultimate success which is his statement, and one of those reasons President Bush has repeatedly said so essential to our own security. was that it is what the Iraqi people that as the Iraqis stand up, we will The amendment that is being offered want, to quote the President. The stand down. The Iraqi security forces calls on the President to change course President is badly misinformed. are 85 percent stood up. Where is the An April 2006 survey of Iraqi public Presidential promised response that in Iraq. It also says that one important opinion conducted by the University of there be at least the beginning of a indication of that change would be the Michigan and reported in U.S. News standdown as the Iraqis have been replacement of the current Secretary leads to the opposite conclusion. This standing up? Where is that commit- of Defense. I have said in the past that survey found that almost 92 percent of ment being kept, so critically impor- I would call for the changing of the Iraqis oppose the presence of coalition tant to the American people, so repeat- Secretary of Defense if I thought it troops in Iraq. Even more disturbing edly made by the President of the would represent a change in the admin- than that is the fact that this number United States: As the Iraqis stand up, istration’s policies in Iraq. I have fo- was an increase from the 74 percent of we will stand down? It doesn’t say after cused on the policies, not on the per- Iraqi people who opposed the presence all the Iraqis have been fully trained, sonalities. But, in my view, as the reso- of coalition troops in Iraq in 2004. So even though they are nearly there. It lution says, replacing Secretary Rums- that in the 2 years from 2004 to 2006, says as they stand up. And the reason feld would be an indication, finally, the percentage of Iraqi people who op- that is so critically important is be- that the Bush administration recog- pose the presence of coalition troops in cause as long as the present policy con- nizes the need to change course in Iraq, their country increased from 74 percent tinues, that the Iraqis believe we will and because it is that policy change to 92 percent. And almost 85 percent of be there as a security blanket even which is so essential, I will support the that 92 percent—almost 85 percent of though they do not make the political resolution and hope that the Senate is Iraqis—are ‘‘strongly opposed to the decisions and compromises which are allowed to vote on it. presence of coalition troops.’’ essential to their success, our policy of Mr. President, I ask unanimous con- So our open-ended commitment of staying the course, our open-ended sent to have printed in the RECORD the troops is not supported even by the commitment makes it less likely that University of Michigan poll to which I Iraqis, and it sends the wrong message we are going to succeed in Iraq. made reference and which was referred to the Iraqi leadership. I think every Member of this Cham- Our strategy in Iraq is not suc- ber believes we have a common enemy, to and utilized, I believe, in U.S. News ceeding. We need to change course. The and that is the religious fanatics who and World Report. longer we maintain our failed stay-the- terrorize innocents. They are a com- There being no objection, the mate- course approach, the weaker we are in mon enemy and we all want to see rial was ordered to be printed in the the war on terrorism. The Iraqis need them defeated. But the current course RECORD, as follows: TABLE 3

Do you support or oppose the presence of coalition forces in Iraq Strongly Somewhat Somewhat Strongly op- Total support support oppose pose (percent)

Sunni Arabs: 2004 ...... 1.8 3.8 5.5 89.0 100 2006 ...... 1.5 .4 .9 97.2 100 Shiiti Arabs: 2004 ...... 5.8 13.0 17.7 63.5 100 2006 ...... 3.1 2.3 4.9 89.7 100 Sunni Kurds: 2004 ...... 37.3 42.7 7.5 12.1 100 2006 ...... 10.6 26.1 32.7 30.6 100 All: 2004 ...... 10.0 15.7 13.3 61.0 100 2006 ...... 3.6 4.7 7.2 84.5 100

Mr. WARNER. Mr. President, before DAYTON, CARPER, DORGAN, MURRAY, MI- a very interesting approach to this de- my colleague departs, I wonder if I KULSKI, and LAUTENBERG. bate as characterized by our President might engage in a colloquy with him. I Mr. WARNER. Mr. President, we in a news conference on August 21. am the next speaker on this side. I have no objection. I would simply ask He said the following: have allowed my colleagues to go that it be amended such that following You know, it is an interesting debate we ahead of me to accommodate them. If my taking the floor on our side, as I are having in America about how we ought the Senator wants to recite his unani- understand it, the distinguished Sen- to handle Iraq. There is a lot of people— ator from Massachusetts will speak, good, decent people—saying: Withdraw now. mous consent request, we have abso- They are absolutely wrong. It would be a lutely no objection, and I would simply and then the Senator from New Hamp- huge mistake for this country. shire on our side will be recognized. add to it that following the speaker on And I continue to quote the Presi- the Democratic side who follows me, The PRESIDING OFFICER. Without objection, it is so ordered. dent: the distinguished Senator from New There are a lot of good, decent people say- Hampshire be recognized to speak on Mr. WARNER. Mr. President, I say to my good friend and colleague, we have ing, get out now. Vote for me. I will do ev- our side. erything I can, I guess, to cut off money, is had 28 wonderful years together on the The PRESIDING OFFICER (Mr. what they will try to do to get our troops Armed Services Committee. Now, with out. That, too— COBURN). Is there objection? the passage of time, the responsibility The President said— Mr. DURBIN. Mr. President, I made of the management of that committee is a big mistake. It would be wrong, in my an earlier unanimous consent request rests on our two shoulders, I as chair- judgment, for us to leave before the mission that we were going to alternate. I man at the present time, incidentally is completed in Iraq. could read the list that we currently succeeding my good friend as chairman I will refer to this later. But this is have subject, of course, to the arrival before me for a brief period, and he is the tenor. It seems to me that it is a of Senators. But it is our hope that we now a distinguished ranking member. very balanced and respectful tenor be- would have Senator KERRY followed by But I would like to start my remarks cause the President went on to say: Senator KENNEDY, and then Senators with a question to my good friend by I will never question the patriotism of JACK REED and HILLARY CLINTON, fol- asking Senators as we participate in somebody who disagrees with me. This de- lowed by Senators HARKIN, BOXER, this debate to consider what I regard as bate has nothing to do with patriotism.

VerDate Aug 31 2005 02:13 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.037 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9006 CONGRESSIONAL RECORD — SENATE September 6, 2006 I take my cues from his approach and Secondly, if that Government were to would do what we did, what we have the manner in which he addressed the fail after all of the courage that the co- done for mankind, which is to give peo- importance of the debate and how alition of nations, working with the ple an opportunity for freedom. those who participate in it hopefully United States, has shown in trying to I didn’t vote for this war. I thought it will be guided by his impressions. give the Iraqi people a sequence of free would unleash forces which would be To my good friend from Michigan, I elections, a freely elected government, very negative. But now that we are listened very carefully to much of what a constitution; if that Government there, I have always believed—my dear he said, and I commend him in the were to fail, it would seriously affect friend from Virginia knows this—that sense that he is consistent in his ap- the credibility of the United States of we should maximize the chances for proach. But what I want to draw the America in that region and complicate success. The road we are on now is not Senator’s attention to is, what are the the already complicated problem posed a road to success. We are on a down- consequences—to the whole region, to by Iran, a nation that is thus far mani- ward spiral now. Sectarian violence is the people in Iraq, to the war we are festing an unrelenting intent to ac- increasing, not decreasing. So the con- waging against terrorism, to our people quire the capabilities to manufacture sequences are consequences which we here at home—what are the con- and possess nuclear weapons. both want to avoid. The consequences sequences if this somewhat fragile and I would love to hear this Chamber de- which the Senator from Virginia out- new Government struggling to put bate what would be the consequences lined are consequences which are clear- down its roots and exercise the full to that region if Iran were to obtain ly negative, and every person in this reigns of sovereignty, what are the that capability and put it in its arse- Chamber and in this land would want consequences should it fail to be able nal. There is no chapter in world his- to avoid those consequences. But how to exercise the full spectrum of respon- tory to match that threat—not the do we best prod the Iraqis to take hold sibilities of a sovereign nation that Cold War that our Nation and other na- of their own situation and share power, Iraq is now? It is a sovereign nation. I tions faced with the Soviet Union. We share resources, recognize the rights of believe those consequences, of their in- always knew the Soviet Union had a each other, become tolerant, give up ability to govern, the inability of those degree of rational, objective under- the revenge slayings which are going in control of their armed forces—we standing of the consequences of the use on there? How do we force them to do are not in control of their armed of the nuclear weapon. I have not seen that if we say we are here for some forces—they are a sovereign nation. It any manifestations of this current open-ended time? is the Prime Minister who will issue Government in Iran that they operate The President says some people want the orders to their armed forces, not in any rational, objective way. to withdraw now—and some do. What I General Abizaid or General Casey. We So I ask my friend, as you spell out believe is we should give fair notice to work in concert with them, but they your fervent belief that we should the Iraqis that in a reasonable period are a sovereign nation. begin, as you said just now—I copied it of time, since their army is now almost What are the consequences if this down—a ‘‘phased withdrawal,’’ could fully stood up, we are going to begin a Government were not able to exercise that not trigger instability in that phased withdrawal, and that should the reins of sovereignty because of fragile Government? Take, for exam- such conditions of further deteriora- begin by the end of the year so that it ple, their legislative body which just tion in the security situation? What can be done in a way which is planned, convened again this week. Each of us are the consequences, I ask my good thoughtful, but that it finally impress travels to and from this Chamber with friend? on the Iraqi leaders that: Folks, it has I would name several, in my judg- a sense of absolute security in this been 3 or 4 years. You have had elec- ment. First and foremost, that nation country that we can do so safely. But tions. You have had an opportunity to is sitting on the second largest oil re- each member of that legislative body, pass the Constitution. You have a civil serve in the world—the second largest as they traverse Iraq, given the insta- war some folks say is going on. You oil reserve. There it is. It is not the bility of that country in many areas, and you alone can address the issues property of the United States. It is not questions the personal safety of indi- which are driving that civil conflict. the property of the coalition forces. We viduals serving in this Government. If We cannot as Americans solve their are not there to fight over the oil. But the message were that we are going to political disputes. That is what I be- we are there to try to elect a govern- start to withdraw, it might well cause lieve is at stake. We all want to avoid ment—or not elect, but let a govern- that individual legislator or member of the consequences. The issue is, How do ment handle those natural resources the Cabinet of the Maliki government we best avoid the consequences which which can quickly, if properly ex- to say: Wait a minute. Am I going to the Senator from Virginia has out- tracted, turn into hard cash. If those take all these personal risks to myself lined? Stay the course? Is that avoid- reserves fall into the wrong hands, and to my family if this Government is ing the consequences? I don’t think so. hands which are dealing with ter- not going to succeed? And what if this We get deeper and deeper into that rorism, which support terrorism, which withdrawal were to trigger, in the mire, and the very consequences, the are antithetical to every principle of minds of many of those brave people consequences which the Senator from free democracies in the world, ours or stepping up to serve in public service in Virginia has outlined, are the con- other free nations, it would give terror- Iraq today—it might well trigger to sequences which are more likely to ists unlimited cash to pursue their them: I better consider my own per- occur if we do not change that negative goals on terrorism—unlimited. And sonal safety rather than trying to con- dynamic which exists in Iraq with a you couple unlimited cash with the tinue this public service. wake-up call which the President alone cruelest, yet regrettably most effective Mr. LEVIN. It will trigger exactly can give to the Iraqis. Only the Presi- weapon of war of the terrorists; name- the opposite. If the Iraqis finally recog- dent can tell the Iraqis: Folks, there is ly, the human bombers, who, regret- nize that our commitment is not open- no open-ended commitment here. You tably, they can purchase for dollars— ended, we are not going to be their se- have to take hold of this situation. I for Dinars—you are facing not only the curity blanket, if they finally recog- think only the President can do that. coalition forces in Iraq but the forces nize we cannot do for them what only We can try, and that is what we are of freedom the world over, a very dan- they can do for themselves—share doing. Some Senators believe we gerous combination of unlimited fund- power, share resources, consider should try to send that message to the ing and the human bomber. amendments to their Constitution, Iraqis. I think the good Senator from The world stood in awe as we which were supposed to have been con- Virginia was present at the White watched the human bombers inflict sidered by now—that statement to House when I urged the President to time and time again disastrous con- them will trigger a reality in them stop counseling patience when the sequences on Israel. Now we have that only they can save themselves; we Iraqis should understand that the watched how they inflict disastrous cannot save them. We can give them an American people are impatient. We are consequences on our coalition forces in opportunity—and we have, at great impatient, and rightfully so, at the Iraq and, unfortunately, in a growing cost of blood and treasure. As I said be- failure of the Iraqi political leadership number of instances in Afghanistan. fore, I know of no other country that to reach those political compromises

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.038 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9007 which are essential to avoiding an all- we are not there with the resolve that a new direction, which would include: (1) out civil war, and end the insurgency. our President, time and time again, transitioning the U.S. mission in Iraq to The Senator was present when I has stated? counter-terrorism, training, logistics and urged the President: Please, Mr. Presi- Yesterday, I was privileged, along force protection; (2) beginning the phased re- dent, you know I voted against the with others, to be in the audience when deployment of U.S. forces from Iraq before the end of this year; (3) working with Iraqi war. I am not expecting you to grab on he delivered what I thought was one of leaders to disarm the militias and to develop to my advice. I have been a critic. I his strongest and best speeches, a broad-based and sustainable political set- have been a critic of the way the war sketching the whole history of the war tlement, including amending the Constitu- has been handled. The Iraqi Army on terrorism and with direct quotes of tion to achieve a fair sharing of power and being disbanded was a tragic mistake. the principals who are fighting against resources; and (4) convening an international The failure to have a plan for the after- our interests here in this country. I conference and contact group to support a math was a terrible mistake. There ask, what happens if that Government political settlement in Iraq, to preserve were a lot of mistakes. But to the ex- fails to exercise the full range of de- Iraq’s sovereignty, and to revitalize the stalled economic reconstruction and rebuild- tent you are willing to consider this mocracy? What is your anticipation? Mr. LEVIN. I think it is more likely ing effort. These proposals were outlined in message, Mr. President, let the Iraqis our July 30th letter and are consistent with know the American people are impa- that the Government will succeed if the ‘‘U.S. Policy in Iraq Act’’ you signed into tient, instead of counseling patience. they recognize that they are the ones law last year. who have to succeed and we can’t do it The President looked me in the eye In reply, a letter, a very respectful and said: That is a useful message. In for them. The gamble that we are now taking is greater, which is continuing letter, was forwarded to all signatories other words, it is a useful message for on September 5. It was signed by the a Senator to be delivering. But he im- on a course of action which is failing. You know, the first argument which Chief of Staff of the President, Joshua plied—by implication—he is not willing B. Bolton. It is interesting, his obser- to deliver that message himself to the was used to go to Iraq was there were weapons of mass destruction. That was vations. You say stay the course. Did Iraqis. you have an opportunity to look at this What this argument is about, in my the first argument which was used. letter? Fine. Let me just read it. He judgment, is that the President needs That didn’t work out as the basis for cites as follows: to deliver that message to the Iraqis in the policy. The next one was we are order to help them recognize that is going to promote democracy in Iraq. Thank you for your September 4 letter to the only way they can succeed—if they Now the argument is there were no the President. I am responding on his behalf. take hold. They have to look into that weapons; we are not doing very well on A useful discussion of what we need to do abyss. They have to see some stark al- the democracy side since that demo- in Iraq requires an accurate and fair-minded cratic Government is supporting at description of our current policy: As the ternatives. They, the Iraqi leadership, President has explained, our goal is an Iraq have to see some very stark alter- least one terrorist and probably two terrorist groups, in Lebanon and in that can govern itself, defend itself, and sus- natives: settle the issues politically, tain itself. In order to achieve this goal, we defeat the insurgency thereby, avoid Gaza, so the democratically elected are pursuing a strategy along three main all-out civil war thereby. You have to Government is giving substance and tracks—political, economic, and security. do it, folks. We can’t do it for you. I be- support to what we believe is ter- Along each of these tracks, we are con- lieve that has to be laid before the rorism. So now there is a third argu- stantly adjusting our tactics to meet condi- Iraqis as the best chance of avoiding ment used for this policy, that our tions on the ground. We have witnessed both successes and setbacks [acknowledging that, those very negative consequences leaving will create a huge problem. First it was weapons of mass destruc- Senator] along the way, which is the story of which the Senator from Virginia out- tion. Then it was we were promoting every war that has been waged and won. lined. democracy. Now it is we cannot leave Your letter recites four elements of a pro- Mr. WARNER. Mr. President, I re- posed ‘‘new direction’’ in Iraq. spect my colleague’s views. We have because look what will happen if we leave. had this debate several times before. I This I think most important. He Look at what is happening because recognize and feel, as do you, as do I cites in this letter that three of those we are staying in an open-ended way and I think every Member of this elements reflect well-established ad- because they don’t see that stark ministration policy and the fourth is Chamber, the extraordinary losses in choice they face because they are rely- this country of 2,600-some men and dangerously misguided. ing on Uncle Sam’s security blanket. I ask unanimous consent this be women who have given their lives and That is what must be changed. That is some over 20,000 who are trying to re- printed in the RECORD following this the dynamic which I believe must be paragraph. cover from wounds and the impact on changed, and the only way to change it The PRESIDING OFFICER. Without their families. That is an enormous is in a reasonable way, a thoughtful objection, it is so ordered. sacrifice. way, a planned way, to say: Folks, we But what I say to you, my dear have to do what we said we would do— (See exhibit 1) friend: You pose a big gamble. If you as you stand up, we are going to stand Mr. WARNER. He recites the changes are not right and this legislature inter- down. You have known that now for in the administration adaptation to prets that as a signal, the public serv- years. We are going to carry out that the ever-changing situation on the ants in Iraq interpret that as a signal, policy which the President has enun- ground and with the Government. He the members of the Iraqi security ciated. recites each of the four points raised in forces—namely, the army—hear that Mr. WARNER. Mr. President, I have your letter and addresses how this ad- their support base, logistically and one other question for my colleague, ministration is pursuing a revised other ways, the United States, that we and let me preface it with the fol- strategy. are beginning a phased withdrawal, lowing. You are a signatory of a letter, To say we are staying the course is this could trigger the opposite reac- dated September 4, to the President, an inaccurate statement. tion. If that Government were not able along with a number of your colleagues Mr. LEVIN. But the President says to function because of the lack of secu- and the distinguished Democratic lead- we should stay the course. rity and they lose reins of sovereignty, er and the distinguished House Demo- Mr. WARNER. I understand. I ask my good friend, what happens? If cratic leader and others. In it, you say Mr. LEVIN. But the President of the these oilfields—maybe not all at once the following: but fractionally—what happens if this United States says we should stay the In short, Mr. President, the current path course. country begins to divide in three parts: for our military, for the Iraqi people and for the Kurds in the north, the Sunnis in al our security is neither working nor making Mr. WARNER. This outlines the Anbar, and down south in the Bosra re- us more secure. course we will embark on at this point gion, the Shia? Iran is flexing its mus- That is your basic thesis. And you in time. I urge my colleagues to read cles in various ways, and as you and I list in here: this letter in the context of our debate know their influence is being felt in Therefore, we urge you once again to con- today. that country. What happens if they see sider changes to your Iraq policy. We propose I thank my colleague.

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EXHIBIT 1—RESPONSE FROM THE CHIEF OF and implement a program to disarm, demobi- Identical Letters Sent To: STAFF JOSH BOLTEN TO A DEMOCRATIC LETTER lize, and reintegrate members of militias and The Honorable Harry Reid, Senate Demo- SEPTEMBER 5, 2006. other illegal armed groups. cratic Leader. Third, your letter calls for ‘‘convening an Senate Democratic Leader HARRY REID, The Honorable Nancy Pelosi, House Demo- U.S. Senate, Washington, DC. international conference and contact group cratic Leader. to support a political settlement in Iraq, to DEAR SENATOR REID: Thank you for your The Honorable Dick Durbin, Senate Assist- September 4 letter to the President. I am re- preserve Iraq’s sovereignty, and to revitalize ant Democratic Leader. sponding on his behalf. the stalled economic reconstruction and re- The Honorable Steny Hoyer, House Minor- A useful discussion of what we need to do building effort.’’ The International Compact ity Whip. for Iraq, launched recently by the sovereign in Iraq requires an accurate and fair-minded The Honorable Carl Levin, Ranking Mem- Iraqi government and the United Nations, is description of our current policy: As the ber, Senate Armed Services Committee. the best way to work with regional and President has explained, our goal is an Iraq The Honorable Ike Skelton, Ranking Mem- international partners to make substantial that can govern itself, defend itself, and sus- ber, House Armed Services Committee. economic progress in Iraq, help revitalize the tain itself. In order to achieve this goal, we The Honorable Joe Biden, Ranking Mem- economic reconstruction and rebuilding of are pursuing a strategy along three main ber, Senate Foreign Relations Committee. that nation, and support a fair and just polit- The Honorable Tom Lantos, Ranking Mem- tracks—political, economic, and security. ical settlement in Iraq—all while preserving ber, House International Relations Com- Along each of these tracks, we are con- Iraqi sovereignty. This effort is well under mittee. stantly adjusting our tactics to meet condi- way, it has momentum, and I urge you to The Honorable Jay Rockefeller, Vice tions on the ground. We have witnessed both support it. Chairman, Senate Intelligence Committee. successes and setbacks along the way, which Three of the key proposals found in your The Honorable Jane Harman, Ranking is the story of every war that has been waged letter, then, are already reflected in current Member, House Intelligence Committee. and won. U.S. and Iraqi policy in the region. The Honorable Daniel Inouye, Ranking Your letter recites four elements of a pro- On the fourth element of your proposed Member, Senate Defense Appropriations posed ‘‘new direction’’ in Iraq. Three of those ‘‘new direction,’’ however, we do disagree Subcommittee. elements reflect well-established Adminis- strongly. Our strategy calls for redeploying The Honorable John Murtha, Ranking tration policy; the fourth is dangerously troops from Iraq as conditions on the ground Member, House Defense Appropriations Sub- misguided. allow, when the Iraqi Security Forces are ca- committee. First, you propose ‘‘transitioning the U.S. pable of defending their nation, and when mission in Iraq to counter-terrorism, train- our military commanders believe the time is Mr. LEVIN. And I thank my friend. ing, logistics and force protection.’’ That is right. Your proposal is driven by none of Mr. WARNER. I return to the Presi- what we are now doing, and have been doing these factors; instead, it would have U.S. dent’s August 21 news conference. That for several years. Our efforts to train the forces begin withdrawing from Iraq by the sets the tenor for how we should ad- Iraqi Security Forces (ISF) have evolved and end of the year, without regard to the condi- dress this debate not only in the Sen- accelerated over the past three years. Our tions on the ground. Because your letter ate but across the land as we direct our military has had substantial success in lacks specifics, it is difficult to determine attention to this important subject. building the Iraqi Army—and increasingly exactly what is contemplated by the ‘‘phased we have seen the Iraqi Army take the lead in The President concludes another para- redeployment’’ you propose. (One such pro- graph in that news conference: fighting the enemies of a free Iraq. The Iraqi posal, advanced by Representative Murtha, a Security Forces still must rely on U.S. sup- signatory to your letter, suggested that U.S. And so we will continue to speak out in a port, both in direct combat and especially in forces should be redeployed as a ‘‘quick reac- respectful way, never challenging some- key combat support functions. But any fair- tion force’’ to Okinawa, which is nearly 5,000 body’s love for America when you criticize minded reading of the current situation miles from Baghdad). their strategies or their point of view. must recognize that the ISF are unquestion- Regardless of the specifics you envision by That is the context in which I wish to ably more capable and shouldering a greater ‘‘phased redeployment,’’ any premature portion of the burden than a year ago—and address the Senate this afternoon and withdrawal of U.S. forces would have disas- have tried to do so in a respectful way, because of the extraordinary efforts of the trous consequences for America’s security. United States military, we expect they will Such a policy would embolden our terrorist just as the President said. become increasingly capable with each pass- enemies; betray the hopes of the Iraqi peo- I turn to another part of the letter I ing month. Your recommendation that we ple; lead to a terrorist state in control of referred to, written by the Democratic focus on counter-terrorism training and op- huge oil reserves; shatter the confidence our leadership, in which they say: erations—which is the most demanding task regional allies have in America; undermine We also think there is one additional meas- facing our troops—tracks not only with our the spread of democracy in the Middle East; ure you can take immediately to dem- policy but also our understanding, as well as and mean the sacrifices of American troops onstrate that you recognize the problems the understanding of al Qaeda and other ter- would have been in vain. This ‘‘new direc- your policies have created in Iraq and else- rorist organizations, that Iraq is a central tion’’ would lead to a crippling defeat for where, consider changing the civilian leader- front in the war against terror. America and a staggering victory for Islamic ship at the Defense Department. Second, your letter proposes ‘‘working extremists. That is not a direction this with Iraqi leaders to disarm the militias and President will follow. The President is being Everyone has a perfect right to do to develop a broad-based and sustainable po- guided by a commitment to victory—and that. That has been stated in this let- litical settlement, including amending the that plan, in turn, is being driven by the ter. Constitution to achieve a fair sharing of counsel and recommendations of our mili- We go back to the basic strategy of power and resources.’’ You are once again tary commanders in the region. this great republic, as laid down by our urging that the Bush Administration adopt Finally, your letter calls for replacing Sec- forefathers in the Constitution. The an approach that has not only been em- retary of Defense Rumsfeld. We strongly dis- President was given the responsibility braced, but is now being executed. Prime agree. Secretary Rumsfeld is an honorable as Commander in Chief, as President, Minister Nouri al-Maliki is pursuing a na- and able public servant. Under his leader- tional reconciliation project. It is an under- ship, the United States Armed Forces and to assemble the Cabinet of his choos- taking that (a) was devised by the Iraqis; (b) our allies have overthrown two brutal tyr- ing—or her, in the future, if we have a has the support of the United States, our co- annies and liberated more than 50 million female President. He has exercised alition partners and the United Nations; and people. Al Qaeda has suffered tremendous that. This Senate has given its advice (c) is now being implemented. Further, in blows. Secretary Rumsfeld has pursued vig- and consent, as is required under the Iraq’s political evolution, the Sunnis, who orously the President’s vision for a trans- Constitution for each of the Members, boycotted the first Iraq election, are now formed U.S. military. And he has played a including Secretary Rumsfeld. much more involved in the political process. lead role in forging and implementing many I draw upon my distinguished col- Prime Minister Maliki is head of a free gov- of the policies you now recommend in Iraq. ernment that represents all communities in Secretary Rumsfeld retains the full con- league from Alaska, his comments Iraq for the first time in that nation’s his- fidence of the President. about Secretary Rumsfeld. Similar to tory. It is in the context of this broad-based, We appreciate your stated interest in the Senator from Alaska, I, too, have unity government, and the lasting national working with the Administration on policies known Secretary Rumsfeld for a very compact that government is pursuing, that that honor the sacrifice of our troops and long time. When I was Secretary of the the Iraqis will consider what amendments promote our national security, which we be- Navy, he was in the White House at might be required to the constitution that lieve can be accomplished only through vic- that time. I had some contact with the Iraqi people adopted last year. On the tory in this central front in the War on Ter- matter of disarming militias: that is pre- ror. him. In the ensuing years, I served cisely what Prime Minister al-Maliki is Sincerely, under three Secretaries of Defense in working to do. Indeed, Coalition leaders are JOSHUA B. BOLTEN, my 5 years in the Department of De- working with him and his ministers to devise Chief of Staff. fense. In the ensuing years, in my

VerDate Aug 31 2005 02:58 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.021 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9009 years in the Senate, I have worked Taliban and al-Qaida. If the President ple know that. There are cells in Ger- with each and every one of the Secre- had kept his eye on the ball and done many and elsewhere in Europe. We are taries of Defense, so I have some under- what was necessary in Afghanistan and providing the training ground. standing, modest though it be, with re- not outsourced the job to Afghan mer- The fact is that Iraqis themselves do gard to that office and those who have cenaries, we would have perhaps used not want al-Qaida there. If we can pro- served in that office. the 101st Airborne, the 82nd Airborne, vide them the capacity to provide for I find in my dealings with Secretary the 10th Mountain Division, or the 1st their own security, believe me, they Rumsfeld over the years he has been in Marines to do what the CIA, it is now will drive out whatever is left of the office—I worked on his confirmation, known publicly, was arguing ada- remnants of foreign tourists because as a matter of fact, at that time—I mantly we ought to be doing, which the Shia don’t like them, the Sunnis have found him, much like the Senator was surrounding Tora Bora and cap- don’t like them, the Kurds don’t need from Alaska, to be an individual with turing or killing Osama bin Laden and them and don’t like them, and they whom I could work very successfully. I those thousand or so people up there will not survive, except to the degree have established a working relation- with him. The President wouldn’t have that they currently provide a conven- ship and a mutual respect. I believe it had to quote Osama bin Laden yester- ient connection between the interests is a fundamental right of the President day if we had done the job at Tora of the different parties in Iraq that can to make his choice. Bora. That is what we voted to do, only be resolved politically. This debate, in a way, is an attack on every single one of us. Now, let’s come back to that. Let’s the President as to his choice and to We gave the money. We have consist- get away from this phony debate we his constitutional right to select his ently voted for the PATRIOT Act—the have had in the Senate and this coun- own Cabinet. In so doing, we must re- vast majority—and voted for the reor- try. Secretary Rice said this can only spect that Constitution and his right to ganization of our intelligence commu- be resolved politically and diplomati- do so. He has chosen Secretary Rums- nity and done everything in our power cally. General Casey has said there is feld. Within the past day or two, he has to fight terrorists. no military solution. If there is no reiterated his unwavering support. Let me remind our colleague who military solution, what is the solution? Consequently, we must recognize it wanted to drum up the passion of the The Senator from Texas said: Give me a plan, give me an idea, one idea comes down to the Constitution, the Nation about being attacked on Sep- that is different. Well, we have done it. Presidential right to select members of tember 11, that it was not Saddam who We have suggested, many of us, includ- his Cabinet. attacked us. It was not anybody from ing distinguished people such as Gen- I join my colleague from Alaska and Iraq. It was Osama bin Laden and other eral Zinni, who knows the region. He is other colleagues in resisting, in every terrorists. about as good and as tough and as pa- way, any call by which to indicate a The fact is, there are more terrorists triotic as there is a soldier in America. lack of confidence in the President’s today in Iraq than there were on Sep- He believes, as I and others do, the choice for the Office of Secretary of tember 11. There are more terrorists in only way to resolve what is happening Defense. the world today who want to kill in the Middle East and Iraq is through I may have further remarks to de- Americans than there were on Sep- diplomacy and political effort. liver on this subject as the debate con- tember 11. Is that a policy that is I suggested during the discussion of tinues, but at this point I yield the working? the amendment that I had several More terrorists today want to kill floor. months ago we ought to have an inter- The PRESIDING OFFICER. The Sen- Americans than on September 11, when national summit. The Secretary-Gen- ator from Massachusetts. the whole world was united behind the eral of the United Nations believes it. Mr. KERRY. Mr. President, I begin United States of America, when news- The King of Jordan believes it. The by saying, I have been listening to the papers across the world said, ‘‘We are President of Egypt believes it. A whole debate for a good period of time. It is a all Americans now,’’ and everyone was bunch of people in the region believe pleasure to hear the Senator from Vir- ready to do what we needed to do in Af- that unless you get the full measure of ginia, who is always civil in his ap- ghanistan. We squandered that. This all the parties together—the Sunni, the proach to these debates and who al- administration has squandered it. Shia, the Kurds, the factions of Iraq, ways asks intelligent and probing ques- There has been a complete and total the Iraqis themselves, obviously as a tions. The colloquies I have had with lack of accountability for what has government, the Arab League, the him, and certainly the colloquy I lis- happened in between. neighbor states, including Syria and tened to a moment ago, are what the I heard one of our colleagues come to Iran—you cannot begin to resolve this Senate ought to be about. It has been the Senate and say it would be a mis- problem. an intelligent, healthy exchange with take to leave before Iraq can provide Ask yourselves the simple question: respect to policy in Iraq. its own security. We are not talking How is this going to be resolved? How I will speak to the question of Sec- about leaving before they can provide are American forces going to come retary Rumsfeld in a few moments, but their own security. I heard another col- back? They are going to come back if I share some thoughts. Regrettably, league say what a mistake it would be you provide the measure of stability to the debate that preceded the Senator to withdraw precipitously. Precipi- Iraq that it deserves and needs. How do from Virginia, without mentioning tously? What is precipitous about say- you provide the measure of stability it Senators specifically, is relatively in- ing we are going to set a target for deserves and needs? By providing con- sulting and is not worthy of the subject withdrawal a year from now? A whole fidence to the people and confidence to and its importance. year from now we are going to stand up the parties that the differences be- One colleague talked about how war their forces, to provide for the security tween them are adequately resolved, was declared against the United States of their nation. That is not precipitous. that there is a level of investment, of a on September 11 and drummed up I am tired of a whole bunch of people stakeholder investment in all of those America’s passion that we all share who want to conflate, distort, and mis- parties. about opposing terrorists. However, he lead Americans with a phony debate How do you get there? You don’t get did exactly what a lot of people on the about the war on terror. there by not talking to each other. You other side of the aisle have been doing Iraq was not the war on terror. Today don’t get there by not having the kind for 4 or 5 years now, which is it is not the center of the war on ter- of summitry and diplomacy that has conflating the war on terror into Iraq. ror. Are there some terrorists in Iraq? guided the world through most of the Let me remind my colleagues on the You bet there are. It is the best train- last centuries of civilized behavior. other side of the aisle, I have not heard ing ground in the world for terrorists. That is not taking place. There is a one person in this country who doesn’t It is a poster child for recruitment for total absence of the kind of effort that want to do everything in the power of terrorists. And they are coming. And can help to resolve what is happening our Nation in order to stand up to ter- where are they going? They are going in Iraq. rorists. We all voted to go to Afghani- to Europe. Europe is now the center of Our soldiers have done their job. stan. We all voted to take on the al-Qaida. I don’t know how many peo- They have provided the opportunity for

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What American has not heard cause they have focused so much time I think it is immoral to treat 9/11 as those words from the President? ‘‘As and energy and effort—and squandered a political pawn and to continue to ex- they stand up, we will stand down.’’ it—in Iraq. They have lost allies and cuse the invasion of Iraq by exploiting Well, what has happened? Eighty-five regional links that we ought to have the 3,000 mothers and fathers, sons and percent of their forces are now sup- traditionally because they have pushed daughters who were lost on September posedly trained. You cannot have it people away from us. They do not have 11. They were attacked and killed, I re- both ways. At some point the game has credibility in the region. It is ex- mind the Senate again, not by Saddam to stop. Either there really are 85 per- tremely difficult for them to conduct Hussein but by Osama bin Laden. cent trained, and they are making diplomacy with people who, frankly, do And it is deeply immoral to compare progress—which they keep telling us— not trust them. a majority of Americans—a majority of or they are not. If they are, then why In fact, they have empowered Iran. Americans—who oppose a failing policy aren’t we able to withdraw a few Iran is stronger today because of Iraq and seek a winning one; we do not seek troops? Either they are or they are not. than it would have been without Iraq. to quit, as one Senator suggested—we And you ought to be able to withdraw And there is no expert on Iran who will seek to win. And we have a better some of those troops. The fact is, we not tell you that. Are we safer because strategy for winning. And to compare are not standing down. Iran is stronger today? Because we are those who seek a better strategy to win The violence over the last month was so bogged down in Iraq we do not have to appeasers of fascism and Naziism is the worst. They have just upped the the ability to do what we need to do? an insult to the quality of debate we number of people in the morgue, tri- I listened to my colleagues talk ought to have in this country. And it is pled it. It is the worst month in the about Secretary Rumsfeld. I heard overtly political. last months. And each month keeps on them say that they have known him a The leaders in this administration being a worse month than the month long time, that they have a good work- have shown they will do anything, say before. ing relationship, that there is a mutual anything, twist any truth, and even en- Now, somewhere along the line, I respect, that they like him, that he is danger our Nation’s character as one learned in the military there is ac- smart, and a whole host of things that America simply to execute a political countability. If a captain runs a ship are part of working with somebody strategy for the election. aground, he is gone. That is it—usually through the years. I respect that. I heard one Senator talk about polit- with no questions asked. I noticed that But none of that goes to the funda- ical strategy. Karl Rove has been pret- the commander of the Cole was held re- mental question of whether you have ty open about expressing where the Re- sponsible, even though it was not his confidence in his judgment. None of publicans need to go in order to try to fault for what happened in the bombing that goes to the question of whether he win; and it is to exploit security. of the Cole, and he is not going to be has made such a series of mistakes Americans, I believe, now see promoted. These things affect careers that he is a symbol, an emblem, of our through this charade. They know the and they affect your tenure. Ask Gen- failure in Iraq and is one of the reasons truth. They know we have a ‘‘Katrina’’ eral Shinseki. Ask the folks who were you cannot get other countries and foreign policy, a succession of blunders involved in Abu Ghraib, at least at the other people to the table to help re- and failures that have betrayed our lower levels. solve the differences here. ideals, killed and maimed soldiers, and What happened to the accountability I called for Secretary Rumsfeld to re- widened the terrorist threat instead of in this administration, particularly sign 3 years ago. Three years ago I felt defeating it. within the military branch, the Pen- that the level of the mistakes were so In the place of accountability, we tagon, for the decisions that have been significant—in the deployment of have vicious, partisan attacks on any- made along the way? troops, in the abandonment of a plan one who opposes those policies with a Our plan says we will set a date by for postwar Iraq, in the choices that suggestion not for how you quit, not which time the Iraqis have to assume were made—that I thought that track for how you run but for how you win— responsibility so that we leverage the record exhibited terrible judgment, how you win. Iraqis to assume that responsibility. poor planning, and ideologically driven We have watched Iraq sliding further Now, is that precipitous—a year from decisionmaking, to which this adminis- and further into a bloody civil war, now? I do not think so, particularly tration has consistently turned a deaf with too few troops and no plan. Who is when you read the language of what we ear. responsible for too few troops and no laid out, which says the President has I think the office of Secretary of De- plan? The President and Secretary of the discretion to leave troops there to fense ought to be above politics. And I Defense. complete the training. There is nothing think it also ought to never be beyond I have heard Republican colleagues precipitous about allowing the Presi- accountability. But under Secretary privately express their reservations dent to have the discretion to complete Rumsfeld it has been profoundly polit- about this policy and about this Sec- the training and leave troops there. ical, as we saw last week reemphasized retary. Can we afford to trust our Pen- That is not a withdrawal even, com- again, and it has been utterly unac- tagon to an individual who seems to be plete and total. countable. the last person to acknowledge the Secondly, we allow the President the The Secretary’s record says a lot mistakes that have been made? Sec- discretion to keep sufficient special about the question of accountability in retary Rice said there have been thou- forces there to fight al-Qaida. this administration and certainly has sands of mistakes. And, thirdly, we allow the President not stopped him from speaking his Who admits to the fiasco of hubris to be able to protect American facili- mind. and mismanagement that falls largely ties and forces. A few days ago, Secretary Rumsfeld at the Secretary’s own doorstep, who Now, that is pretty broad, folks. It is gave a low and ugly political speech, can only reach for a sort of clumsy, time we had a real debate about what smearing those who dissent from a cat- rhetorical brick to hurl at the oppo- is going to empower the Iraqis to be astrophic policy. And then he spoke of nents, suggesting, without an ounce of able to take control over their own fu- moral confusion in our country. Well, shame, that they are soft on Hitler. ture, and we had a real debate that there is some moral confusion around. Soft on Hitler? does not try to scare the American peo- I think it is immoral for old men to We are too long overdue for some ac- ple. The way fear has been thrown send young Americans to fight and die countability. But instead of the pink around by this administration is dis- in a conflict with a strategy that is slips that they so richly deserve, this

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And somehow it seems the only gency had grown—when many of us spread looting in Iraq, the Secretary people in this administration who are were on the floor of the Senate saying quipped that freedom is messy. When rewarded are those who make the mis- the insurgency is growing, it is out of he was asked by a soldier why they takes, while those who tell the truth control—they ignored the insurgency, were sent in without the necessary are punished. chose to ignore it. And they were armor, he said that you go to war with According to Secretary of State Rice, wrong. the Army you have, not the Army you we know this has to be resolved politi- Wrong decisions, wrong priorities, want—despite the fact that parents cally and diplomatically, but it is not. but, tragically, no accountability. were able to buy armor for their kids Who is accountable for those mis- Some Republican Senators have had on the Internet and elsewhere. He has takes? Who is accountable for young the courage to come to the floor and dismissed international law regarding people dying as a result of mistakes? talk about this lack of accountability military detainees and abuses at Abu Who is accountable for billions of dol- and talk about these judgments that Ghraib. He still refuses to acknowledge lars being spent as a result of mis- were wrong. How did it get so wrong? It that the Army and Marine Corps are takes? got so wrong because, in part, the Sec- too small for the missions they face. We are all human. We all make mis- retary became so enamored with ‘‘new Earlier this year, he even supported takes. We understand that. But there is think’’ and transformation at the Pen- cuts to the National Guard. a point of accountability in the car- tagon that he failed to see the limits. Mr. President, I believe his stubborn- rying out of a high public job, where He believed the American military ness is our weakness. He likes to talk mistake compounded on mistake com- could operate lighter, smaller, leaner. about the war on terror as the long pounded on mistake begs for account- A lot of people spent a great deal of war, but in this long war he is stretch- ability. time in the 1990s thinking about this. ing the Army to its limits. Its officers On issue after issue, Secretary Rums- They looked at the first Persian Gulf and noncommissioned officers are sent feld has made the wrong decision. You war, and they saw how the application on back-to-back deployments with in- may like him, respect him, admire his of air power and stealth and precision adequate resources. Despite their he- long years of public service, but he has munitions, combined with the latest roic service, they are leaving this mili- been wrong, when he could have lis- information technology, could radi- tary. It is costing us enormous extra tened to General Shinseki, and other cally change the way wars are fought. sums of money to hold it together. generals, and put in enough troops to And operationally they were right. But Mr. President, the Secretary’s ben- maintain order. We have heard a whole at the operational level, we had a mili- efit of the doubt has come and gone. I group of other generals speak out tary that emerged from the Clinton ad- think the moment of accountability is about what happened over there. He ministration prepared to apply its long overdue. Americans deserve lead- chose not to listen. He chose not to lis- technological advantage against any ership they can trust. We need to ten. He was wrong. enemy. change the course in Iraq. We all want When he could have implemented a Witness the fact that it was the Clin- to be successful, but the current course detailed State Department plan for re- ton buildup and capacity that, in ef- is not leading to that success. And if it constructing post-Saddam Iraq—guess fect, was used because the President is, then there is no reason they cannot what—he ignored it, threw it away, had only been President for 10 months. begin an adequate redeployment, as would not have anything to do with it. They had not transformed the mili- General Casey said—in fact, General He was wrong, again. tary. That was the military that suc- Casy’s own dates coincide with the When he could have ordered the pro- ceeded in routing the Iraqi Army. It dates of those of us who suggested to tection of American forces by guarding was that military that drove to Bagh- set a date about a year from now. You the ammo dumps and making sure a dad in 3 weeks. And that is an edge can always change a date if you have plan was in place to move efficiently that we all want to maintain forever. to. If the situation on the ground through the territory that they were But Secretary Rumsfeld failed to un- doesn’t change adequately, you have taking, where there were weapons of derstand that the wars of the future flexibility. But unless you leverage the individual destruction, he chose not to. would not be fought only at the oper- willingness of the Iraqis to assume re- He was wrong. And he exposed our ational level. He fell in love with the sponsibility for their own future, there young men and women to the ammo vision of the Armed Forces of the fu- is nothing that American troops can do that now maims and kills them be- ture and lost track of the reality of the except continue to be sent out on mis- cause they chose not to act. Who is ac- current threat. sions where they discover improvised countable for that? He believed that a heavy dose of explosive devices the hard way. We When he could have imposed imme- shock and awe was all it would take to have too many young Americans who diate order and structure in Baghdad break our adversary’s will. That failure are in Bethesda and Walter Reed as a after the fall of Saddam, do you know to see past the operational level was consequence of that policy. I believe what he did? He shrugged his shoulders part and parcel of an administration there was a better policy to fight ter- publicly on television and he said that came to power with nothing but ror, to liberate us, and to fight broadly Baghdad was safer than Washington, contempt for nation building. They in some 65 countries around the world DC, and he chose not to act. He was scoffed at the lessons learned pre- where al-Qaida is embedded. We need wrong. viously. That is why the Secretary to fight that, and we need a greater When the administration could have began his tenure trying to slash Army troop level and capacity on the ground kept an Iraqi Army selectively intact, end strength and boots on the ground in Afghanistan. they chose not to. He was wrong. to fund missile defense. He was betting, All of these things are needed, and When they could have kept an entire unwisely, that America would not find they are all suffering because of deci- civil structure functioning and pro- itself in anymore failed states. sions made and not made. I believe on vided basic services to Iraqi citizens, So now we have the fifth summer of credibility and the track record of de- they chose not to. And they were Mr. Rumsfeld’s tenure coming to a cisions based on ideology, this Sec- wrong. close, and we find ourselves engaged in retary is not the person for the job. When they could have accepted the massive stability operations in two I yield the floor. offers of the United Nations and indi- failed states, Iraq and Afghanistan. In The PRESIDING OFFICER. The Sen- vidual countries that were provided at short, Mr. Rumsfeld was wrong again ator from New Hampshire is recog- the time in order to give us on-the- and again and again. American troops nized.

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.049 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9012 CONGRESSIONAL RECORD — SENATE September 6, 2006 Mr. GREGG. Mr. President, I have ing responsibility or defending those It is the position of the other side, it listened to the Senator from Massachu- people from forces in that nation who appears, that Iraq is not part of the setts speaking. In many ways, I find it wish to return to chaos, to genocide, battle or essential to the battle against a bit disingenuous. I had planned to and to a government that is lawless in Islamic fascism, Islamic fundamen- speak specifically about other points the name of fanaticism. talism. I find that position to be unten- relative to this resolution. I think it is He failed to mention any of that as able. That is hardly the position taken appropriate to respond to some of what the results of the efforts of this admin- by our enemies. The words of Zarqawi he has said. Of course, he is the former istration. Those are pretty big things. and the words of bin Laden have been standard bearer of the party in the Instead, he picks out the little events— very specific: Iraq is where they see the prior election and, therefore, a voice of fairly big in some instances—of error. war being waged. Their purpose is to considerable import on policy in this Yes, there have been some errors, and use Iraq as a bootstrap to pursue their Nation relative to the position of the nobody denies that for a second. But goals of basically undermining and de- Democratic Party. the purpose is to defeat our enemies, stroying western culture and killing The Senator gave a litany of what he and we have set as a goal in that proc- Americans. You need to believe their deemed to be errors—some of which I ess setting up a government in the na- words. If your enemy tells you what agree were errors—that have occurred tion of Iraq that will speak to the basic they are going to do, and your enemy relative to the way we have pursued values that are fundamentally west- then does what they tell you they are this battle in Iraq. It is a litany as if he ern—individual liberty, democracy, going to do, you have to start taking is a Monday morning quarterback and rights for women, and a marketplace them seriously when he tells you some- had the answer now to what would economy. And we have had consider- thing else. And when Osama bin Laden have been the correct process. It sort of able success in that effort. We are not and Zarqawi say Iraq is where the war there yet, and we do not know if we makes you think that if he were giving is being fought, where the effort to pur- will accomplish the final goal because, a discussion about the Red Sox, he sue Islamic fundamentalism is being obviously, there are forces at work who would not have put Bill Buckner at pursued and aggressively undertaken, do not wish to have us accomplish that first. He would not have picked Bucky then you have to take that seriously. goal. Dent. He would have given Carlton But it appears that the other side be- Fisk his contract. Or he would not But to dismiss this as a failure and to point to a series of incidents as an ex- lieves that Iraq is a distraction to our have traded Babe Ruth. efforts. Well, the track record doesn’t When you come to the Senate floor ample of failure and never acknowledge the 50 million free people, the fact that show that. Have we been attacked in and pick out a series of events as the United States since 9/11? The rea- unique items that flowed within the an entire half of the population that had been written out of the ability to son we have not been attacked, in some context of a major effort to confront measure, is good luck, good fortune, the terrorist threat to this Nation—he participate in civilized life—specifi- cally women—are now brought into the but it is also the fact that this admin- uses the term ‘‘hubris’’ and mis- istration has put into place an aggres- management. I would say it is a bit of process of having a decent lifestyle, the fact that we have had elections, the sive effort to fight terrorism not in hubris to take that position on the America—Islamic fundamentalism and Senate floor. fact that we have an army in place that is their army, the fact that we are fascism—not on our soil but to take The Senator failed to mention, for the fight to their soil and to meet them example, that as a result of the initia- moving toward a nation based on de- mocracy and law—we have a long way where they are. tives of this administration, led by this That policy appears to be working. President and this Secretary of De- to go, but we are moving that way—to dismiss that and say that because of a We can’t take great solace, obviously, fense, over 50 million people today are because who knows when they will at- free who were not free; that women in series of errors, which he deems to be errors—and in some instances I agree— tack us again and when they will Afghanistan are no longer closeted in breach our capacity to be secure. their homes and threatened with death we should call for the removal of the Secretary of Defense because of those I don’t claim that we are anywhere if they wear the wrong garment on the near secure. In fact, I made it very street, or shot in soccer stadiums in events is just ignoring reality. In fact, he used the terms on innu- clear that I have serious reservations Afghanistan, but women have the right merable instances, saying he did not about things we still need to do to to move about as they wish; that there want to see a partisan fight; he make ourselves secure. But the fact is have been elections in Afghanistan thought the Secretary of Defense that the concept, the basic philosophy that have brought to power a demo- should be above politics. So how can of pursuing the terrorists, the Islamic cratic government, which is under you then come to the floor of the Sen- fundamentalists, the Islamic fascist pressure today, yes, because of those ate and make the speech that was just movement, on their territory versus forces that represent our enemies, and made? It was ‘‘overtly political,’’ to waiting for them to attack us and hop- our enemies seek to undermine that de- use his term, which was for the purpose ing to get them through our intel- mocracy. He failed to mention that of exuding a political strategy that if ligence capability before they do that Iraq, which has suffered for 20 years you attack the Secretary of Defense, is a policy which is the correct policy. from a genocide executed by a homi- you weaken the Presidency and will do Yet the other side of the aisle has cidal leadership, is now free and that better in the election. It was, to use his had enough of it. They have had the people of Iraq no longer have to term, ‘‘a viciously partisan attack.’’ enough of it. So they want to use the fear mass murder of the proportions There is inconsistency which cannot stalking horse of attacking the Sec- that occurred under Saddam Hussein; go uncalled. So let me point it out. retary of Defense as a process for basi- that a government that was and had This proposal is not an attack on Don- cally undermining the policies and ef- produced chemical weapons and used ald Rumsfeld. That is not the purpose forts which have led us at least to this them against their own people—specifi- of this attack. That is the politics of point to some level of security as a na- cally the Kurds—was no longer in this attack. It generates a good press tion. They don’t appear, from what I power; that we have had a series of release, and it is a sound bite event to have heard here so far, to really even democratic actions in Iraq that have call for the Secretary of Defense to re- have an offer of an alternative that is led to a freely elected government, sign. But that is not what this is about. specific enough that it could be said to which involves a coalition of very dis- We all know that. be a real alternative. parate groups—Sunnis, Shiites, Kurds, This is about the policy of fighting A letter was sent to the President and subdivisions within those various people who have determined that outlining their alternative. They out- clans of political purpose; that that America should be extinguished from lined four initiatives in this alter- government is moving forward, and the face of the Earth, that Americans native. Three of them we are already that it has stood up an army that is a should be killed and our culture should pursuing and pursuing aggressively. responsible army, not one of threat to be destroyed, and whether our efforts The response from the administration its people but an army of defense of its in Iraq are a legitimate part of that de- was put in the RECORD earlier today by people. And it is in the process of tak- fense as we confront that threat. the Senator from Arizona.

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.051 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9013 The diplomatic process is going for- cover to those who wish to stand in op- We have a truly extraordinary mili- ward. I heard the Senator from Massa- position to the administration relative tary. I recognize everybody on both chusetts talk extensively about the to what is happening in the war sides of the aisle understands that. diplomatic need, that this should be re- against the Islamic fascists. There isn’t a Member in this Chamber solved diplomatically, and I believe his In practice, were it ever to be exe- who hasn’t been to a funeral and tried words were that there is no military cuted—in other words, if you were ac- to console a member of a family of solution, there is only a diplomatic so- tually to start pulling down troops be- someone who has been lost in this war, lution. fore the end of this year—you would in this battle. These are exceptional I only point out the obvious: You have set an arbitrary date and you people who defend us and who carry can’t get to a diplomatic solution with- would start removing American troops. forward our flag. They need to under- out having a military on the ground What would happen to the troops left stand that their purpose is good and that makes things stable enough so there? We all know Iraq is not yet their purpose is right. And it is. Their that diplomacy can go forward. If you ready to defend itself. Would that not cause is to find the people who wish to withdraw the military, you have chaos, put at even greater risk American sol- do America harm and who have said and there is no diplomacy that is going diers left on the ground? How could they intend to do America harm and to to straighten that out. So that argu- you look the people in the face who are eliminate them before they can attack ment is a little disingenuous, to say in the divisions and who are in the bri- us and do us further harm. the least. gades who have been left behind as you Iraq is an integral part of that cause. Sure, there isn’t a military solution started to pull people out prematurely Have there been mistakes there? Abso- in the sense that this is a war involv- and said: Oh, good luck, you are now a lutely. Absolutely. It is terribly unfor- ing nationhood, nation against nation bigger target because we aren’t there tunate, and we all recognize that. But to give you the cover you need. in the tradition of the wars of the 20th have there been successes there and Phased redeployment before the end century, but there are military actions of this year, arbitrary date set for the very significant successes there? Yes, that can be taken and need to be taken purposes of making a political state- there have been. As I said before, 50 which involve finding those people who ment as we head into an election—it is million people, between Iraq and Af- wish to do us harm and eliminating not very good policy, to say the least, ghanistan, are now free, women them before they can do us harm. And even if it is policy. It isn’t policy. It is brought from behind the closeted doors a big part of that involves the intel- just politics, a political statement. of their houses into society, press ligence and the on-the-ground capa- With whom are they going to replace availability, elections, governments bility which we gain by being in Iraq Donald Rumsfeld? Howard Dean? Ned formed, security forces who report to a and having an influence in that nation Lamont? I mean, these are the stand- government. We have a long way to go, which is leading toward a form of de- ard bearers of the position of their but these soldiers have served extraor- mocracy. party. They want to take out Donald dinarily well, and they have accom- Another big part of that which is Rumsfeld and I presume they want to plished a great deal. To use this attack again military based is allowing Iraq to put in Howard Dean and Ned Lamont, on Donald Rumsfeld as a stalking horse evolve to the point where it can actu- two people whose purpose it is to speak as an attack on the policies of Iraq I ally show the rest of the Islamic world for the party—one being the chairman don’t believe does anybody any good. that democracy is not an enemy, that of the party, one being the most recent If the other side of the aisle wishes to democracy gives people good options; standard bearer of the party—to imme- debate the Iraq issue in context of the that giving people rights, especially diately withdraw, to take our troops policy, fine, but to personalize this in women, is not bad for them but actu- out of there now and to let happen such a manner—to quote the Senator ally is good for them; that a culture what happens. from Massachusetts—is viciously par- which is open, which is market ori- I am not going to use the pejorative tisan and overtly political and is not ented, which has a reasonable level of to describe that. I think the American constructive to our ability to pursue freedom, is a better way of life than a people are sophisticated enough to rec- this war or to our need to assure our culture which is closed and which de- ognize that policy makes no sense. soldiers in the field that they fight for nies people the rights to participate Howard Dean as Secretary of Defense? our right and just cause. other than through some sort of ex- Maybe we should amend this and say Under the leadership of this Presi- tremist control, such as the Taliban ‘‘and we shall replace him with Howard dent and the Secretary of Defense, Sec- had. It becomes a beacon of oppor- Dean.’’ retary Rumsfeld, the military has re- tunity to look to. We are not there yet, Howard Dean was a pretty good Gov- ceived the largest increases in re- but we are never going to get there if ernor from Vermont. I enjoyed working sources since World War II. We have we don’t make the effort. with him when I was Governor of New taken an approach to the military So if we look at their proposals—and, Hampshire. He wouldn’t be a very good which has been to essentially get them as I said, three of them have already person in the Defense Department. He whatever they need to do the job and been met. What is the fourth one? The is not a very good person on foreign do it right and make sure our soldiers fourth one is to begin what they refer policy, and he clearly does not under- are safe. Errors have been made along to as—I will quote this. This is actu- stand the threat, in my opinion, that the way in accomplishing that, but the ally not their fourth one, it is their the Islamic fundamentalists reflect. attention and the commitment to re- second one—although the other three The Howard Dean-Ned Lamont policy sources have been there, and this Presi- have been met—in their letter to the is a policy based on naivete. It is a pol- dent and this Secretary of Defense take President: icy that rejects the reality of the situa- a second seat to no one in our history . . . beginning the phased redeployment of tion, which is there are people out relative to their commitment to the U.S. forces from Iraq before the end of this there who wish to kill us and destroy men and women who wear the uniform year. our culture, and there are a lot of of the United States of America. This year. The Senator from Massa- them, unfortunately. They feed off Mr. President, I yield the floor. chusetts kept saying a year from now weakness, and they believe we are The PRESIDING OFFICER. The Sen- to begin the redeployment. Their posi- weak and will believe we are truly ator from Massachusetts. tion is not a year from now; their posi- weak and will be able to make that Mr. KENNEDY. Mr. President, like tion is this year to begin redeploy- case should we begin a phased with- others, I have had the good oppor- ment. drawal this year when we have no mili- tunity to listen with great interest What does this term ‘‘phased rede- tary capability of covering that with- during the course of the afternoon ployment’’ mean? I wonder how many drawal and protecting our troops who about the nature of the resolution focus groups they ran that one through are left behind. It is a policy that is which is before us which questions the before they decided to use that termi- firmly grounded in Birkenstocks and serious judgments of the Secretary of nology, ‘‘phased redeployment.’’ I will clearly not grounded in the reality of Defense in bringing us to where we are. tell you what it means. It is a phrase, the world as it is but the world as they He is the principal architect of the Iraq the purpose of which is to give political wish it were. policy. I have listened to others talk

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.053 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9014 CONGRESSIONAL RECORD — SENATE September 6, 2006 about the general nature of the threat istration of Abu Ghraib. He has just fidence goes with grounding your ship. At a in terms of our national security. been continuously wrong, and we have higher level, the loss of confidence has to be In most recent times, we have an ex- the current situation which is outlined determined on a basis that is somewhat cellent Department of Defense study, not by those of us who are supporting broader, the full performance. And I think some 63 pages long. We referenced it that applies at the highest military levels. this resolution but by the Department And it applies at the level of the Secretary of yesterday. It talks about the principal of Defense. Defense and his staff. challenges we are facing in Iraq. I will Let’s look at what the military does That is what this resolution is all briefly mention parts of it. to its soldiers when they have failures about. It talks about sustained ethnosec- in the performance of their duty. Here The Bush administration has had its tarian violence is the greatest threat we have just mentioned, and it has chance, and it has failed the basic test to security and stability in Iraq; break- been discussed over the course of the of competence. It is more focused on ing the cycle of violence is the most afternoon, the series of blunders by the the spin of war than the real war in pressing immediate goal of the coali- Secretary of Defense—a series of blun- Iraq. tion in Iraqi operations; conditions ders. Let’s look at how the military There is broad agreement among that could lead to civil war exist in treats its people. Iraq, specifically around Baghdad; con- In 2003, the Navy fired 14 com- military experts, Members of Congress cern about civil war with the Iraqi ci- manding officers. In October of that of both parties, and the overwhelming vilian population has increased in re- year, the commanding officer of a majority of the American people that cent months. Prowler aircraft squadron lost his job we need to change course in Iraq. We It goes on and talks about both Shia after one of his jets skidded off a run- need this administration to face up to and Sunni death squads are active in way. The Navy cited a ‘‘loss of con- its mistakes and correct them. A good Iraq and responsible for the significant fidence’’ when they made the decision place to start would be for the Presi- increase in sectarian violence; mili- to dismiss him. dent to replace Secretary Rumsfeld. It tias—small, illegally armed groups— In December of 2003 and January of is long past time for Secretary Rums- operate openly and often with popular 2004, the commanding officers of the feld to go, and I urge the Senate to support; civilian casualties increased submarine Jimmy Carter and the frigate pass this resolution. by approximately 1,000 per month since USS Gary were both fired because of The PRESIDING OFFICER. The Sen- the previous quarter; executions in par- ‘‘loss of confidence.’’ ator from Alaska. ticular reached new highs in the month In 2004, the Navy fired the captain of Mr. STEVENS. Another speaker on of July; and rising sectarian strife de- the USS John F. Kennedy aircraft car- our side is coming. I wish to not make fines the nature of violence in mid-2006. rier for running over a small boat in a statement in that queue, so to speak. Now we have to ask ourselves: How the Persian Gulf. The Navy didn’t hide I just want to speak as a manager of could all of this come to pass? Who was the incompetence or gloss over the the bill. I was under the impression we the architect that brought us to this facts. It responded decisively. It stated would be able to get through this dis- situation? Clearly, it is because of the plainly it had ‘‘lost confidence’’ in the cussion prior to the submission of this persistent, stubborn insistence of those captain’s ability to operate the carrier resolution and be able to go ahead with who believe that we ought to stay the safely. He was the eleventh com- the votes we have. We have at least course, the principal architects being manding officer of the Navy to be fired three votes left tonight, and we have the Secretary of Defense and the Presi- that year. assurance that we are going to pass dent of the United States. In February 2004, the commanding of- this bill tomorrow, and there are still As has been mentioned here time in ficer of the frigate USS Samuel B. Rob- quite a few other amendments out and time out, America was struck by erts was fired for a ‘‘loss of confidence’’ there. al-Qaida, not Saddam Hussein. All of us after he spent a night off the ship dur- So I would like to know—can I in- gathered together to support the at- ing a port visit to Ecuador. quire, may we get a time agreement tacks that took place in Afghanistan For military officers in the Navy, the from the other side of when this bill and the isolation of Osama bin Laden message is clear: If you fail, you are will pass tomorrow? I would like to and the belief, as has been pointed out fired. The message to the civilian lead- know what is going to happen to this earlier in the course of the afternoon, ership of this administration is equally bill now? We had the understanding—I we had a real opportunity to catch and clear: If you fail, there are no con- agreed we could not finish it on to punish and to bring to justice the in- sequences, no accountability, even if Wednesday, as we initially agreed— dividual that was the principal archi- more than 2,600 Americans lose their that is today—and that we would finish tect of 9/11. But instead, the adminis- lives. it tomorrow. But we had not antici- tration moved military units and It is time for the Department of De- pated this prolonged discussion about a moved focus out of that search for fense to run a tighter ship at all levels resolution that hasn’t even been intro- Osama bin Laden into Iraq—into Iraq. of command, including the civilian duced yet. It was Osama bin Laden who was the leadership. Those leaders at the Pen- Is the distinguished deputy leader architect, not Saddam Hussein, and as tagon should be held at least to the willing to enter into some discussion a result, we have effectively taken our same standard of accountability to about this? eye off the principal author of ter- which military officers in the Navy are Mr. DURBIN. Mr. President, if I rorism. held. could respond to the question of the Even as the President of the United Secretary Rumsfeld must be held ac- Senator from Alaska, it is my under- States spoke yesterday, 17 times he countable for the massive failures in standing there was an attempt to reach mentions Osama bin Laden. He was the Iraq. Civilian control of the military is a time agreement before this started one who was the architect. We should one of the great cornerstones of our de- and, unfortunately, there was objection have been after him for the last 4 mocracy. But what if the civilian lead- on the other side of the aisle. But—— years. Instead, we have been weighted ers don’t know what they are doing and Mr. STEVENS. We have not had any down with the resulting conditions mindlessly lead our troops into battle request for a time agreement. I have that I described earlier, and the prin- unprepared? Clearly, there must be ac- been willing to enter into a time agree- cipal architect of that is the Secretary countability for this breathtaking in- ment from the very beginning—from of Defense. He was wrong when he rep- competence which has put our soldiers the very beginning. resented that there were weapons of in daily danger and weakened Amer- Mr. DURBIN. I would be happy to dis- mass destruction in Iraq that threat- ican national security. cuss this with Senator REID, and we ened the United States. He was wrong In a hearing by the Senate Armed will move quickly as our Members about the connection of al-Qaida to 9/ Services Committee in 2004, former De- come to the floor prepared to speak. 11, as was demonstrated by the 9/11 fense Secretary Harold Brown de- We have tried to alternate back and Commission. He was wrong about the scribed the key to accountability: forth, and we are prepared to continue insurgency being just a group of dead- At each level, the question is a loss of con- to do that. Our goal is to finish this enders. He was wrong about the admin- fidence. And in the Navy, the loss of con- bill by tomorrow.

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.054 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9015 Mr. STEVENS. I would suggest of Defense dismissed its significance. The Secretary of Defense, the Vice then—is the Senator from Delaware We now know that General Shinseki President, and the President all going to speak next? was right and President Bush, Sec- claimed proof positive that Saddam Mr. DURBIN. The Senator from Min- retary Rumsfeld, and Mr. Chalabi were Hussein was developing nuclear weap- nesota. wrong. ons that would soon, if not already, Mr. STEVENS. Pardon me. It is my And that the initial civil disorder present mortal danger to our national eyes. I am sorry. Let’s just skip this was a warning of much worse upheav- security. space and we will have a speaker come als ahead, for which the Bush adminis- Critics, skeptics, and even ques- and follow him when he is finished. tration and its appointed Iraqi admin- tioners were derided and dismissed as The PRESIDING OFFICER. The Sen- istrators were completely unprepared. being appeasers of the then-Hitlerian ator from Minnesota is recognized. Even more tragically, they remain menace of Saddam Hussein. Mr. DAYTON. Mr. President, I join unprepared even today. Increasing vio- The administration offensive suc- today with many of my colleagues in lence, widespread corruption, non- ceeded in persuading the majority of expressing ‘‘no confidence’’ in Sec- existent public services, failed im- Congress and the American people. I retary of Defense Donald Rumsfeld and provement projects, delays, failures, was 1 of only 23 Members of the Senate urging President Bush to replace him. I and finger-pointing—those are the mis- to vote against the Iraq war resolution truly respect the Secretary’s commit- eries that Iraqi citizens must endure in October of 2002. ment to public service, and I recognize today. Yet even with bipartisan support for that he has one of the most difficult Democracy is a great thing, but de- their war resolution, the President and jobs here or anywhere in the world. He mocracy as we know means life, lib- others still used it politically to try to is a stand-up, tell-it-as-he-sees-it man, erty, and the pursuit of happiness. defeat Democrats in the 2002 midterm the kind we need more of in Wash- Most Iraqis today fear for their lives, elections—just as they are now trying ington. Unfortunately, the way he sees more and more are losing them, and re- to do in this year’s midterm elections. it has too often been wrong. portedly almost 1 million Iraqi citizens Once again their rhetoric is mis- His disastrous failures in prosecuting have fled their country. leading at best and blatantly wrong at the war in Iraq have left our coura- The New York Times today has an worst. geous American troops mired in a article about Iraqi citizens who are Just yesterday the President re- quagmire there with no end in sight. changing their names, something that peated his claim that Iraq is the cen- And his shameful rhetoric last week is almost forbidden in the Iraqi cul- tral battlefield where the war against comparing critics of his failed policies ture, because it is the only way they terrorism will be decided. to the appeasers of Hitler was clearly a know to save themselves from being There is no question that we must desperate attempt to divert attention pulled out of their cars or their homes win the war in Iraq because we started away from his own failures. and murdered simply because of their that war, and once you are in it you Recent polls show the number of identity. The story states, and I will must win it or suffer serious con- Americans who support the Adminis- quote in part: sequences. tration’s policies in Iraq is down to 39 But the worsening violence in Iraq, Stories abound of Iraqi civilians being percent compared to a high of 76 per- stopped at checkpoints by militia men or which the Bush administration and the cent in April 2003. uniformed men and having their identifica- Iraqi Government are failing to control That loss of public confidence has oc- tion cards scrutinized. They are then taken or contain, is, by all rational accounts, curred not because Americans are ap- away or executed on the spot if they have a primarily and mostly Iraqi-against- peasers—they most certainly are not— suspect name or a hometown dominated by Iraqi sectarian violence. and not because Americans don’t sup- the rival sect. In Baghdad, Shiite death To the extent that Al-Qaida and port our troops because they most cer- squads, sometimes in police uniform, operate other terrorist organizations are oper- tainly do support them and admire many of the illegal checkpoints, Iraqi and ating in Iraq it is because of the open- their incredible courage and patriotism American officials say. The most infamous ings and opportunities President Bush episode of this kind took place in July when as they persevere in the awful, deterio- Shiite gunmen set up fake checkpoints and has provide them by creating a rating conditions there. went on a daytime rampage through the leaderless and lawless state. That loss of the public confidence in Jihad neighborhood of Baghdad, dragging Al-Qaida, as we have just witnessed, the Bush administration’s war has oc- people from their cars and homes and shoot- is not using Iraq as its central battle- curred because Americans can tell the ing them after looking at their identifica- field, but rather Heathrow Airport, or difference between success and failure. tion cards. Up to 50 people were killed. bombings in Spain, Jordan, and Egypt. They can see that the President’s poli- Liberty, as we know, requires basic Osama bin Laden is by all accounts cies are not succeeding in Iraq. They security, which the Bush administra- not masterminding his next assault can see that the Iraqi Government and tion and the Iraqi Government are fail- against the United States from Iraq the Iraqi people are not winning ing to provide. And the chance to pur- but rather from Pakistan or Afghani- against their own countrymen who op- sue happiness for many Iraqis is trag- stan, where the al-Qaida allied Taliban pose them. And the conditions in Iraq ically even less possible now than it is now resurgent due to other failed are getting still worse, not better. was under Saddam Hussein’s evil re- Bush administration policies, including All of the administration’s rhetoric gime. their tragic and disastrous failures to won’t change their failed plans, poli- This is the disaster for which over meaningfully help rebuild that coun- cies, and practices that have created 2,600 heroic American soldiers have try. this mess. given their lives. Almost 20,000 have Five years after 9/11, Osama bin Shortly before the invasion of Iraq, given their bodies, and for which Sec- Laden is still alive, unscathed, and then-Army Chief of Staff Eric Shinseki retary Rumsfeld must accept responsi- plotting against the United States be- testified before the Armed Services bility—but won’t. cause the Bush administration has Committee that more than twice the Instead, what we are getting is an- failed to devote the military personnel, number of U.S. troops that the Sec- other round of overheated and mis- the resources, and the diplomatic ef- retary was planning to commit to Iraq leading rhetoric from the Secretary, forts necessary to find him and elimi- would be needed to secure the country the Vice President, and the President. nate him. after Saddam Hussein’s overthrow. Last week was a repeat of some of Given the administration’s attempts For his foresight and his candor, the 2002 conventions where they first to exploit next month’s fifth anniver- General Shinseki was essentially dis- trotted out their overheated and mis- sary of 9/11 to its political benefit, it is missed by the Secretary, who preferred leading rhetoric to stampede Congress a disgrace to the Americans Osama bin to believe the administration’s favorite into supporting the Iraqi war resolu- Laden murdered and to their families— Iraqi exile, Ahmed Chalabi that the tion. this terrible criminal remaining alive country would go back to work the day Saddam Hussein and his supposed and free to operate against the United after Saddam’s regime was toppled. weapons of mass destruction were then States. So when widespread looting and dis- called urgent threats to our citizens’ Let me conclude with excerpts from order occurred instead, the Secretary safety. public statements made recently by

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.056 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9016 CONGRESSIONAL RECORD — SENATE September 6, 2006 two U.S. generals with firsthand expe- of the missteps include: the distortion of in- you mean by stay the course don’t rience of the situation in Iraq. The telligence in the buildup to the war, McNa- abandon the effort, then of course the first are excerpts from an article in the mara-like micromanagement that kept our administration and the Senate do not Washington Post by GEN John Batiste, forces from having enough resources to do want to abandon the effort and there- the job, the failure to retain and reconsti- a retired Army major general who com- tute the Iraqi military in time to help quell fore do want to stay the course. At manded the First U.S. Infantry Divi- civil disorder, the initial denial that an in- least the people on this side of the aisle sion in Iraq. He wrote on Wednesday, surgency was the heart of the opposition to do not want to abandon the effort. But April 19, 2006: occupation, alienation of allies who could if it means don’t change the way you I had the opportunity to observe high-level have helped in a more robust way to rebuild are doing anything, obviously that is policy formulation in the Pentagon and ex- Iraq, and the continuing failure of the other another matter. The problem is, it is a perience firsthand its impact on the ground. agencies of our government to commit assets straw man for those on the other side I have concluded that we need new leader- to the same degree as the Defense Depart- to argue that the administration is not ship in the Defense Department because of a ment. My sincere view is that the commit- willing to change anything. The letter pattern of poor strategic decisions and a ment of our forces to this fight was done leadership style that is contemptuous, with a casualness and swagger that are the from Mr. Bolton to the distinguished dismissive, arrogant and abusive... special province of those who have never had minority leader will demonstrate the We went to war with the wrong war plan. to execute these missions—or bury the re- fact that, just as the enemy is agile Senior civilian leadership chose to radically sults . . . and changes its tactics, so, too, has the alter the results of 12 years of deliberate and The consequence of the military’s quies- United States changed the way that it continuous war planning, which was im- cence was that a fundamentally flawed plan deals with the enemy in Iraq. proved and approved, year after year, by pre- was executed for an invented war, while pur- So, yes, stay the course if by that we vious secretaries of defense, all supported by suing the real enemy, al-Qaeda, became a mean don’t abdicate the mission; no, if their associated chairmen and Joint Chiefs secondary effort. . . . of Staffs. Previous planning identified the So what is to be done? We need fresh ideas it means don’t ever change the way need for up to three times the troop strength and fresh faces. That means, as a first step, you operate. we committed to remove the regime in Iraq replacing Rumsfeld and many others unwill- The other part of the resolution I and set the conditions for peace there... ing to fundamentally change their approach. found rather odd was the condemnation Our current leadership decided to discount The troops in the Middle East have per- of Secretary Rumsfeld, which for days professional military advice and ignore more formed their duty. Now we need people in now we heard is coming. I was rather than a decade of competent military Washington who can construct a unified planning... bracing for an indictment of the Sec- strategy worthy of them. It is time to send retary of Defense who, of course, needs We took down a regime but failed to pro- a signal to our nation, our forces and the vide the resources to build the peace. The world that we are uncompromising on our se- no one to defend him. He is an honor- shortage of troops never allowed com- curity but are prepared to rethink how we able and effective and totally self-sac- manders on the ground to deal properly with achieve it. . . . rificing public servant who has served the insurgency and the unexpected. What This debate is long overdue on the the President and the American people could have been a deliberate victory is now a well. But I noted that the big indict- long, protracted challenge. Senate floor, and I thank our Demo- Defense Secretary Donald Rumsfeld claims cratic leader for it. ment is that President Bush needs to to be the man who started the Army’s trans- This debate is about how to finally change course in Iraq—undefined how formation. This is not true. Army trans- win in Iraq, how to bring our coura- that change in course might operate— formation started years before this adminis- geous troops home as safely and as to provide a strategy for success—the tration came into office. The secretary’s def- soon as possible, with their victory se- strategy was announced over and over inition of transformation was to reduce the by the President, reiterated in his Army to between five and seven divisions to cured by the Iraqi Government, the fund programs in missile defense, space de- Iraqi military and police, and the Iraqi speech yesterday—and one indication fense and high-tech weapons... the Army people. of a change of course would be to re- remains under-resourced at a time when it is Our heroic soldiers deserve better place the current Secretary of Defense. shouldering most of the war effort. Boots on than the President’s apologies, again I suppose it would be. That is a bit of the ground and high-tech weapons are impor- defending the failures of the past and a tautology. But it doesn’t suggest that tant, and one cannot come at the expense of the continuing failures of the present. it would do anything or accomplish the other. anything except, perhaps, embarrass Civilian control of the military is funda- They deserve a new strategy to win mental, but we deserve competent leaders victory in Iraq and a new leader to the President, perhaps undermine our who do not lead by intimidation, who under- achieve it. credibility abroad, perhaps embolden stand that respect is a two-way street, and I yield the floor. our opponents and raise questions by who do not dismiss sound military advice. At The PRESIDING OFFICER. The Sen- our allies. That is not a very construc- the same time, we need senior military lead- ator from Arizona. tive proposition by our friends on the ers who are grounded in the fundamental Mr. KYL. Mr. President, we are here other side of the aisle. But, on the principles of war and who are not afraid to ostensibly debating a resolution that other hand, not much that they have do the right thing, Our democracy depends offered is very constructive. on it. There are some who advocate that we deals with the Secretary of Defense gag this debate, but let me assure you that but, of course, the conversation has de- It is easy to criticize, easy to play it is not in our national interest to do so. We volved into a discussion of the war Monday morning quarterback. It is a must win this war, and we cannot allow sen- against the radical Islamists and the little more difficult when you are in ior leaders to continue to make decisions battle in Iraq, a battlefront of that the middle of the battle, charged with when their track record is so dismal... war. the responsibility of success. I shudder Secondly, a statement in Time maga- Let me begin, though, by asking to think what these Monday morning zine on Sunday, April 9, 2006, by LTG unanimous consent that at the end of quarterbacks would have done in World Greg Newbold, who states: my remarks we have printed in the War II or World War I, a day after the From 2000 until October 2002, I was a Ma- RECORD a letter from Josh Bolton, of landing on D-day or at Iwo Jima—10,000 rine Corps lieutenant general and director of the administration, to the distin- casualties. Or the Civil War. It occurs operations for the Joint Chiefs of Staff. . . . guished minority leader. to me we would not be here debating as Inside the military family, I made no secret The PRESIDING OFFICER. Without a unified nation today if one of the of my view that the zealots’ rationale for greatest generals in the history of war made no sense. And I think I was out- objection, it is so ordered. spoken enough to make those senior to me (See exhibit 1.) America, Robert E. Lee, hadn’t made a uncomfortable. But I now regret that I did Mr. KYL. Mr. President, that letter monumental mistake at Gettysburg. not more openly challenge those who were goes to one of the points of the resolu- The reality is mistakes are made in determined to invade a country whose ac- tion that we are ostensibly debating, a war and it is very difficult while the tions were peripheral to the real threat—al- resolution which seems to mock the war is going on, and before the histo- Qaeda . . . I am driven to action now by the phrase ‘‘stay the course,’’ claiming rians have the context in which to re- missteps and misjudgments of the White flect on it, to debate the mistakes, es- House and the Pentagon, and by my many that the current stay-the-course policy painful visits to our military hospitals . . . has made America less secure. pecially when the enemy is listening What we are living with now is the con- I guess it all depends on what you and certainly our allies and our troops sequences of successive policy failures. Some mean by stay the course because, if are listening as well.

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.057 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9017 But just to reflect on a couple of stan, a country that was ruled by the need to bring this to a successful con- these, one comment by one of the Sen- Taliban, where women were beaten, clusion. ators was the problem is we are trying where people were taken to the soccer I quote from the President’s speech to do a war without enough military. A stadium and shot, where little girls the words of Osama bin Laden who lot of us on this side of the aisle have could not go to school and on and on, said: steadfastly supported a stronger more an altogether horrific place? Is there I now address the whole Islamic nation. robust military. Sometimes we don’t no credit for the fact that the people of Listen and understand. The most serious get a lot of support on the other side of Afghanistan are now free? Is there no issue today for the whole world is this third the aisle for that. But the comment credit for the fact that a brutal dic- world war that is raging in Iraq. was we do need more troops, from a tator who killed thousands and thou- He calls it a war of destiny between Senator who wants to withdraw our sands of his own citizens, gassed many infidelity and Islam and concludes that troops. of them to death, killed hundreds of the whole world is watching this war, I happen to agree with my colleague, thousands of people in neighboring and it will end in victory and glory or the senior Senator from Arizona, who countries and was prepared to do battle misery and humiliation. has said we need more troops. The best with us, is there no credit for the fact In the latter, I think he was correct. way to do that, at least under current that Saddam Hussein is gone, that his We have to make sure that it is his circumstances, is to not withdraw an people have now been afforded the op- misery and humiliation and the terror- American soldier for every Iraqi portunity to freely elect their own gov- ists’ misery and humiliation that is the trained but combine the two armies as ernment, and we are in the process of result of the conflict in Iraq and not the Iraqis are trained up in order to go helping them secure that freedom? Is that of the United States. In order to into a place like Baghdad and get con- there no credit for the fact that Qa- ensure that, it is incumbent upon us to trol. That is not reducing troops, obvi- dhafi decided America’s will was pretty prosecute this war to a successful con- ously; that is enhancing the total well demonstrated in Afghanistan, and clusion and not leave this difficult bat- power there. he was not going to buck that will by tlefield prematurely—in the process, by How do we get more troops if every continuing his evil way and developing the way, support those who are work- time we train up an Iraqi an American nuclear weapons, so discretion being ing very hard on our behalf, not deni- has to leave? Or we set a timetable for the better part of valor, he would get grate them. It is fine to show the loy- leaving by the end of the year? I am at on the right side of history and be with alty and the gratitude to our troops a loss to understand this notion: Our us in this war? Is there no credit for that the resolution does, and which I problem is we need more troops, so any of these achievements? do, but it is also important to show let’s bring our troops home. I don’t get No, no, not when you are discussing that same kind of gratitude to other it. Unless, of course, we are not con- the President of the United States, who people who are trying very hard to pro- cerned about the outcome—and that is in some circles has to be vilified in the tect the American people. That in- the question. name of political discourse. This is not cludes the President of the United That, unfortunately, is the question the way to conduct this debate. The States and the Secretary of Defense. that must be in the minds of our allies. way to conduct a debate over the strat- EXHIBIT 1 It must be in the minds of our enemies egy and over the course of history is to RESPONSE FROM THE CHIEF OF STAFF JOSH when they hear a debate like this and have a civil discussion that does not BOLTEN TO A DEMOCRATIC LETTER they hear: We need more troops, let’s focus on an individual in the adminis- SEPTEMBER 5, 2006. bring our troops home. They must ask: tration—who, after all, is only one per- Senate Democratic Leader HARRY REID, Okay, what does that mean? Does it son making the decisions and who has U.S. Senate, Washington, DC. mean America is in it for winning or served this country ably—but, rather, DEAR SENATOR REID: Thank you for your September 4 letter to the President. I am re- does it mean we are going to be leav- on the strategic objectives over the sponding on his behalf. ing, and the vacuum that is created goals. A useful discussion of what we need to do will be an opportunity to move in and Can anyone doubt what the goals in in Iraq requires an accurate and fair-minded do our evil deeds? the war have to be? Can anyone doubt description of our current policy: As the The President, in his speech yester- that the goal has to be to retain the President has explained, our goal is an Iraq day, was very clear about the nature of ability of the country of Iraq to keep that can govern itself, defend itself, and sus- the enemy, an enemy that sees the Iraq terrorists out and to ensure the safety tain itself. In order to achieve this goal, we battlefront as a central part of what he and security of their own citizens in are pursuing a strategy along three main tracks—political, economic, and security. called World War III, their attempt to the future? I don’t think there can be Along each of these tracks, we are con- either make us bow down to their will any doubt about what the goals ought stantly adjusting our tactics to meet condi- or kill us or, if we succeed, they die to be. tions on the ground. We have witnessed both trying. It is a win-win for them either Yet the President was right yester- successes and setbacks along the way, which way, according to them. day in reiterating those goals because is the story of every war that has been waged The reality is, this is a battle we can- there appear to be some who have lost and won. not leave. This is a fight we cannot sight or who have not ever realized the Your letter recites four elements of a pro- walk away from. If we are going to win true evil nature of this enemy, who posed ‘‘new direction’’ in Iraq. Three of those elements reflect well-established Adminis- the war against the terrorists, we have don’t quite comprehend what it will tration policy; the fourth is dangerously to win the battle in Iraq. There is no take to defeat this enemy, who do not misguided. other way around that proposition. We connect the dots to see we cannot walk First, you propose ‘‘transitioning the U.S. cannot abdicate Iraq and still hope to away from Iraq and still be able to de- mission in Iraq to counter-terrorism, train- win this war against these radical feat this enemy, the radical Islamist, ing, logistics and force protection.’’ That is Islamists, at least not without taking both the Sunni and the Shia Islamists, what we are now doing, and have been doing horrendous casualties and losses in the the people who would do us evil if we for several years. Our efforts to train the Iraqi Security Forces (ISF) have evolved and meantime until our allies and some in do not stand in that way. If you do not accelerated over the past three years. Our America determine it is worth fighting, understand the enemy, I suppose it is military has had substantial success in that it is a serious enemy, that we not hard to conclude that, because the building the Iraqi Army—and increasingly have to do whatever it takes to win, going is getting tough in Iraq, we we have seen the Iraqi Army take the lead in and that includes fighting in places ought to leave. The people who believe fighting the enemies of a free Iraq. The Iraqi such as Iraq. that are very strong, as the President Security Forces still must rely on U.S. sup- I conclude with this notion, and the said, maybe quite patriotic but very port, both in direct combat and especially in Senator from New Hampshire made the wrong. key combat support functions. But any fair- point earlier in a very eloquent way. It is the terrorist leaders themselves minded reading of the current situation must recognize that the ISF are unquestion- After recounting all of the carping and who believe that Iraq is a central bat- ably more capable and shouldering a greater criticism of what could have been done tlefield in what we call the Third World portion of the burden than a year ago—and differently, he asked: Is there no credit War, a war that obviously the United because of the extraordinary efforts of the for what we have achieved in Afghani- States is leading. With our allies, we United States military, we expect they will

VerDate Aug 31 2005 02:21 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.059 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9018 CONGRESSIONAL RECORD — SENATE September 6, 2006 become increasingly capable with each pass- enemies; betray the hopes of the Iraqi peo- gress would play that role of check and ing month. Your recommendation that we ple; lead to a terrorist state in control of balance. focus on counterterrorism training and oper- huge oil reserves; shatter the confidence our In the middle of World War II, which ations—which is the most demanding task regional allies have in America; undermine facing our troops—tracks not only with our the spread of democracy in the Middle East; really was a world war, then-Senator policy but also our understanding, as well as and mean the sacrifices of American troops Harry Truman was the chair of a com- the understanding of al Qaeda and other ter- would have been in vain. This ‘‘new direc- mission looking into war profiteering rorist organizations, that Iraq is a central tion’’ would lead to a crippling defeat for and other matters related to the con- front in the war against terror. America and a staggering victory for Islamic duct of the war. There was a Demo- Second, your letter proposes ‘‘working extremists. That is not a direction this cratic Congress, a Democratic Presi- with Iraqi leaders to disarm the militias and President will follow. The President is being dent. Yet the Congress, under then- to develop a broad-based and sustainable po- guided by a commitment to victory—and litical settlement, including amending the that plan, in turn, is being driven by the Senator Truman’s leadership, fulfilled Constitution to achieve a fair sharing of counsel and recommendations of our mili- its responsibility. power and resources.’’ You are once again tary commanders in the region. During the Vietnam war, which urging that the Bush Administration adopt Finally, your letter calls for replacing Sec- ripped this country apart, Senator Ful- an approach that has not only been em- retary of Defense Rumsfeld. We strongly dis- bright felt compelled to hold hearings braced, but is now being executed. Prime agree. Secretary Rumsfeld is an honorable about the conduct of that war. A Minister Nouri al-Maliki is pursuing a na- and able public servant. Under his leader- Democratic Congress, a Democratic tional reconciliation project. It is an under- ship, the United States Armed Forces and taking that (a) was devised by the Iraqis; (b) our allies have overthrown two brutal tyr- President, fulfilling its responsibility. has the support of the United States, our co- annies and liberated more than 50 million We have seen none of that, with very alition partners and the United Nations; and people. Al Qaeda has suffered tremendous few exceptions. This Congress has been (c) is now being implemented. Further, in blows. Secretary Rumsfeld has pursued vig- either intimidated or negligent in the Iraq’s political evolution, the Sunnis, who orously the President’s vision for a trans- fulfillment of its responsibilities to boycotted the first Iraq election, are now formed U.S. military. And he has played a hold the administration accountable. much more involved in the political process. lead role in forging and implementing many Absolute power not only corrupts, but Prime Minister Maliki is head of a free gov- of the policies you now recommend in Iraq. ernment that represents all communities in Secretary Rumsfeld retains the full con- it can lead to bad decisions. This has Iraq for the first time in that nation’s his- fidence of the President. been a very small group of decision- tory. It is in the context of this broad-based, We appreciate your stated interest in makers. unity government, and the lasting national working with the Administration on policies Recently, the President changed the compact that government is pursuing, that that honor the sacrifice of our troops and leadership of his economic team be- the Iraqis will consider what amendments promote our national security, which we be- cause we all know the economy is not might be required to the constitution that lieve can be accomplished only through vic- doing as well as advertised. Profits are the Iraqi people adopted last year. On the tory in this central front in the War on Ter- matter of disarming militias: that is pre- ror. up, productivity is up, but average cisely what Prime Minister al-Maliki is Sincerely, wages and income aren’t. It is getting working to do. Indeed, Coalition leaders are JOSHUA B. BOLTEN, harder and harder for the average working with him and his ministers to devise Chief of Staff. American to make ends meet. So the and implement a program to disarm, demobi- The PRESIDING OFFICER. The Sen- President changed his economic leader- lize, and reintegrate members of militias and ator from New York. ship, changed his Chief of Staff in the other illegal armed groups. Third, your letter calls for ‘‘convening an Mr. DURBIN. Will the Senator from White House. Yet there is no account- international conference and contact group New York yield for a moment? ability with respect to his security to support a political settlement in Iraq, to Mrs. CLINTON. Certainly. team. preserve Iraq’s sovereignty, and to revitalize Mr. DURBIN. I make a unanimous I just returned, as did my colleagues, the stalled economic reconstruction and re- consent as to the remaining speakers from our recess. I visited throughout building effort.’’ The International Compact on the Democratic side, if I might. I my State. In every kind of community, for Iraq, launched recently by the sovereign apologize for interrupting the Senator people are expressing deep concerns Iraqi government and the United Nations, is from New York. about the direction we are heading the best way to work with regional and I ask unanimous consent that the fol- when it comes to the war in Iraq, when international partners to make substantial lowing speakers be recognized on the economic progress in Iraq, help revitalize the it comes to American security inter- economic reconstruction and rebuilding of Democratic side in sequence, alter- ests. New Yorkers, as most Americans, that nation, and support a fair and just polit- nating with Republicans: Senator CLIN- want things set right in Iraq, when so ical settlement in Iraq—all while preserving TON for 10 minutes; Senator HARKIN for much both has gone wrong and seems Iraqi sovereignty. This effort is well under 15 minutes; Senator BOXER, 6 minutes; to continue to go wrong. way, it has momentum, and I urge you to Senator CARPER, 5 minutes; Senator We are asking for some account- support it. DORGAN, 10 minutes; Senator MURRAY, ability. There is no illusion on this side Three of the key proposals found in your 5 minutes; Senator MIKULSKI, 5 min- letter, then, are already reflected in current of the aisle that this resolution will utes; and Senator LAUTENBERG, 10 min- U.S. and Iraqi policy in the region. pass. We know it will not. We may not On the fourth element of your proposed utes. even get a vote on it because, heaven The sequence may be different, de- ‘‘new direction,’’ however, we do disagree forbid, the other side would have to pending on who is in the Chamber, but strongly. Our strategy calls for redeploying stand up and actually vote. We know troops from Iraq as conditions on the ground those are the times allotted for which that many on the other side share our allow, when the Iraqi Security Forces are ca- I ask unanimous consent. pable of defending their nation, and when The PRESIDING OFFICER. Without doubts. Privately, they will say some our military commanders believe the time is objection, it is so ordered. of the most harsh and critical com- right. Your proposal is driven by none of The Senator from New York is recog- ments about the Secretary of Defense, these factors; instead, it would have U.S. nized for 10 minutes. about the President, about the Vice forces begin withdrawing from Iraq by the Mrs. CLINTON. Mr. President, we are President, and the conduct of this war. end of the year, without regard to the condi- debating this resolution for two simple However, they abdicate their responsi- tions on the ground. Because your letter bility in public. We have no illusions lacks specifics, it is difficult to determine reasons. First, no matter how the lily exactly what is contemplated by the ‘‘phased is gilded, things are not going well in we are going to get a vote. Yet we owe redeployment’’ you propose. (One such pro- our war against terrorism, and there is it to ourselves, our troops, our fellow posal, advanced by Representative Murtha, a no doubt we need new leadership. citizens to raise these issues. signatory to your letter, suggested that U.S. Second, this Congress has abdicated One doesn’t have to read the recently forces should be redeployed as a ‘‘quick reac- its constitutional responsibility to con- published book ‘‘Fiasco’’ or the book tion force’’ to Okinawa, which is nearly 5,000 duct oversight and hold the adminis- before it, ‘‘Cobra II,’’ to see how badly miles from Baghdad). things have gone. We know that. At the Regardless of the specifics you envision by tration accountable for the decisions ‘‘phased redeployment,’’ any premature which it has made over the course of center of so many of the wrong calls, withdrawal of U.S forces would have disas- the last 5 years. the misjudgments, the strategic blun- trous consequences for America’s security. This is quite unusual in American ders has been the Secretary of Defense. Such a policy would embolden our terrorist history because ordinarily the Con- No one is questioning his patriotism,

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.027 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9019 his honorable service. We are ques- STATEMENT FOR THE RECORD BY SENATOR PRESS INTERVIEWS AND OTHER FORUMS tioning his judgment and his leader- CLINTON November 14, 2002: Infinity CBS Radio Connect, ship. In the August 3 Armed Services Committee interview with Steve Kroft We went to war with the Secretary of hearing, I had the following exchange with ‘‘The Gulf War in the 1990s lasted five days Defense we had. Now it is time to com- Secretary Rumsfeld: on the ground. I can’t tell you if the use of plete the mission with the new Sec- CLINTON: Well, Mr. Secretary, I know you force in Iraq today would last five days, or retary of Defense we need. It is past would, and I know you feel strongly about it, five weeks, or five months, but it certainly but there’s a track record here. This is not isn’t going to last any longer than that.’’ time. 2002, 2003, 2004, ’5, when you appeared before Our friends on the other side will this committee and made many comments December 18, 2002: CNN ‘‘Larry King Live’’ come forward and make the most im- and presented many assurances that have, ‘‘The Ta1iban are gone. The al Qaeda are passioned arguments about how things frankly, proven to be unfulfilled. And . . . gone.’’ are going, how we have to stay the RUMSFELD: Senator, I don’t think that’s February 7, 2003: Town hall meeting with U.S. course, and what has to be done in true. I have never painted a rosy picture. I’ve troops in Aviano, Italy been very measured in my words. And you’d order to succeed. But under Secretary ‘‘And it is not knowable if force will be have a dickens of a time trying to find in- Rumsfeld’s leadership, it has not hap- used, but if it is to be used, it is not stances where I’ve been excessively opti- pened. We have a full-fledged insur- knowable how long that conflict would last. mistic. I understand this is tough stuff. gency and full-blown sectarian conflict It could last, you know, six days, six weeks. I ask unanimous consent that the fol- I doubt six months.’’ in Iraq. I don’t care what you label it— lowing quotes from Secretary Rumsfeld be civil war, sectarian violence—the fact included in the Record: February 20, 2003: PBS ‘‘NewsHour’’ is the Iraqis are losing hundreds and CONGRESSIONAL HEARINGS ‘‘Lehrer. Do you expect the invasion, if it hundreds of lives. As of yesterday, 2,652 comes, to be welcomed by the majority of service men and women have been July 9, 2003: Senate Armed Services Committee hearing the civilian population of Iraq? killed in Iraq; amongst them, 123 New RUMSFELD. There’s obviously the Shia pop- Yorkers. ‘‘The residents of Baghdad may not have ulation in Iraq and the Kurdish population in We didn’t go with enough troops to power 24 hours a day, but they no longer Iraq have been treated very badly by Saddam wake up each morning in fear wondering Hussein’s regime, they represent a large establish law and order, to put down a whether this will be the day that a death marker as to our authority as we re- fraction of the total. There is no question squad would come to cut out their tongues, but that they would be welcomed.’’ placed an authoritarian dictatorship. chop off their ears, or take their children We went with this dysfunctional bu- away for ‘questioning,’ never to be seen March 30, 2003: ABC ‘‘This Week with George reaucracy known as the Coalition Pro- again.’’ Stephanopoulos’’ visional Authority, which disbanded September 30, 2003: House Appropriations Com- ‘‘We know where [the WMD] are. They’re the Iraqi Army which we are now try- mittee hearing in the area around Tikrit and Baghdad and east, west, south and north somewhat.’’ ing to recreate. ‘‘My impression is that the war was highly Secretary Rumsfeld rejected vir- successful.’’ February 1, 2006: Department of Defense News tually all of the planning that had been Source: Transcript of Hearing of House Ap- Briefing done previously to maintain stability propriations Committee, Subcommittee on ‘‘Q: One clarification on ‘‘the long war.’’ Is when the regime was overthrown. He Defense on President’s FY ’04 Supplemental Iraq going to be a long war? deliberately and repeatedly underesti- Request for Iraq and Afghanistan, available Sec. RUMSFELD. No, I don’t believe it is.’’ mated the nature and strength of the online from FDCH Political Transcripts on Lexis-Nexis. Mrs. CLINTON. It is time for the insurgency, the sectarian violence, and Senate to exercise our responsibility, the spread of Iranian influence. February 4, 2004: Senate Armed Services Com- for the Members of this Chamber to de- mittee hearing Let us not confuse the leadership’s cide: What do we owe our constituents, failures with either the remaining mis- ‘‘The increased demand on the force we are our young men and women in uniform? experiencing today is likely a ‘spike,’ driven sion in Iraq, the war on terrorism or What do we owe history in terms of our with our support for our troops. What by the deployment of nearly 115,000 troops in Iraq. We hope and anticipate that that spike responsibility? We know the answer. we have is a failure of leadership to ac- will be temporary. We do not expect to have Whether we stand up and deny it or complish that mission. What was 115,000 troops permanently deployed in any not, we know the answer. History is hailed as our shortest war has now be- one campaign.’’ going to judge this period harshly. And come one of our longest. May 7, 2004: Senate Armed Services Committee I wish we could, as a body, redeem our- What was hailed as a model of democ- hearing selves and redeem this mission, give it racy teeters on the brink of complete ‘‘Senator BAYH. So my question, Mr. Sec- a chance for success, with new eyes and anarchy. What was the leadership that retary, my final question is just very simply, ears, with a new way of thinking and quickly claimed credit for success has do you believe we’re on the right course pres- leading. been lethargic in the face of ently, or is dramatic action necessary to re- I have no idea whom the President misjudgments and setbacks. I do not gain the momentum so that we can ulti- might ask to replace the Secretary see what other conclusions one can mately prevail in what is a very noble and were he to be asked to leave or resign, draw. We will have the same President idealistic undertaking? but I have to believe that some fresh and Vice President for the next 2 years. Sec. RUMSFELD. I do believe we’re on the thinking, some new ideas would make But why not ask the President to exer- right track.’’ a difference. It is time we put our pol- cise his judgment to bring in new lead- June 23, 2005: Senate Armed Services Committee icy, our chance for success, ahead of ership, to send a new signal to our hearing troops, to our military leadership, to ‘‘But terrorists no longer can take advan- politics, that we put wise decision- our friends and our allies, and to our tage of sanctuaries like Fallujah.’’ making and new leadership ahead of country that—guess what—we get it, June 23, 2005: House Armed Services Committee the status quo. When it is not working, we need new leadership. hearing why do we keep digging a deeper hole? When I confronted Secretary Rums- ‘‘The level of support from the inter- So I hope this body would exercise re- feld a month ago, he continued to ob- national community is growing.’’ sponsibility in the only way open to us, fuscate and deny responsibility. He de- March 9, 2006: Senate Appropriations Committee since we cannot have the oversight and nied he ever painted a rosy picture in hearing accountability the Congress should be Iraq. In response, my office compiled a ‘‘Sen. ROBERT BYRD. Mr. Secretary, how demanding. list of 13 statements, out of many he can Congress be assured that the funds in Thank you, Mr. President. had made, which clearly painted a rosy this bill won’t be used to put our troops right Ms. MIKULSKI. Mr. President, does scenario. in the middle of a full-blown Iraqi civil war? the distinguished Senator from Alaska, Mr. President, I ask unanimous con- Sec. DONALD RUMSFELD. Senator, I can say the chairman of the Appropriations that certainly it is not the intention of the Subcommittee on Defense, wish to sent that those statements be printed military commanders to allow that to hap- in the RECORD. pen. The—and to repeat, the—at least thus speak? There being no objection, the mate- far, the situation has been such that the Mr. STEVENS. No. We are alter- rial was ordered to be printed in the Iraqi security forces could for the most part nating speakers on each side, and Sen- RECORD, as follows: deal with the problems that exist.’’ ator INHOFE is coming.

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.063 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9020 CONGRESSIONAL RECORD — SENATE September 6, 2006 Ms. MIKULSKI. While we are wait- the aisle, that this is about policies. that most of our Soldiers live by every ing, my remarks are 5 minutes. May I But we have gotten nowhere. So I have day. Rumsfeld’s leadership created a proceed? joined with my colleagues to ask for command atmosphere where terrible Mr. STEVENS. Yes, you may. Donald Rumsfeld’s resignation. abuse of prisoners was not just toler- Ms. MIKULSKI. I thank the Senator. I have been asking for his resignation ated, but encouraged. But only junior The PRESIDING OFFICER. The Sen- since 2004 because I watched us go from enlisted and young officers have been ator from Maryland is recognized for 5 being at war with Iraq to being at war held accountable, while high level mili- minutes. within Iraq. Well, this dangerous in- tary and civilian leaders are let off the Ms. MIKULSKI. Thank you very competence has been wrong for Amer- hook. This is unacceptable. much, Mr. President. I appreciate all ica and wrong for our troops and wrong Rumsfeld is completely incapable of the courtesy. for our allies and wrong for the Iraqi speaking the truth—or facing the Mr. President, this is really a sad day people. truth—about Iraq. His dismal perform- for me. It is a very sad day, as we are Rumsfeld was wrong about the Iraqi ance has undermined U.S. credibility in coming up on the anniversary of Sep- weapons of mass destruction, and he the world, and undermined the Presi- tember 11, as I remember the fear that led us into war on inaccurate evidence. dent’s credibility with the American gripped the Capitol and gripped the As a member of the Intelligence Com- people. We face serious threats from United States of America. I remember mittee, I know that Rumsfeld skewed, terrorism and rogue regimes, and our us being outside on the steps of the selected, and exaggerated information brave troops are risking their lives Capitol on the evening of September 11 about weapons of mass destruction. every day around the world. We need a when we stood together and sang ‘‘God And our men and women in uniform Secretary of Defense we can trust. Bless America’’ together, when we were have been paying for this deception Donald Rumsfeld should resign now. one Nation indivisible and when we ever since. The PRESIDING OFFICER. The Sen- were united and we were so determined Rumsfeld was wrong about what it ator’s time has expired. to fight that global war against ter- would take to secure Iraq. We sent our Ms. MIKULSKI. I think I made my rorism. troops to war without sufficient body point, and I am willing to yield my I joined with all of my colleagues and armor, without armored humvees, and time. We need new leadership. We need I voted to give the President the power unprotected for the war in Iraq, where a new Secretary of Defense. to use lethal force to pursue the terror- they face daily attacks by IEDs and I yield my time. The PRESIDING OFFICER. The Sen- ists and pursue the Taliban and take RPGs. It was up to the Congress, and the fight to Afghanistan. And how ator from Oklahoma is recognized. actually the Defense Appropriations Mr. INHOFE. Mr. President, first of pleased I was with the victory in Af- Subcommittee, to add over $1 billion to all, let me say I have listened with ghanistan and the way, then, that the make sure our troops have the protec- some interest. Unfortunately, the com- Afghan people came together in their tion they need. mittee I chair has had meetings all Loya Jurga to choose Mr. Karzai to be Well, now they need to have new day, and I have not had a chance to their leader and to lay the groundwork leadership, as well as new protection really get involved in this discussion. for a democratic Afghanistan. I and new weapons. And along the way, But I have been listening to people thought we were going to make Af- when we hear we are going to listen to criticizing Secretary Rumsfeld, talking ghanistan the jewel of the Middle East, our generals in the field—what gen- about the war, and I just wonder what where the Muslim community could erals in the field? Those generals who war they are talking about and what flourish, a democratic community said we need more troops or different Secretary they are talking about be- could emerge, and women would be strategies, who disagreed with Rums- cause it certainly is not what is going able to exercise their rights. How joy- feld’s rosy projections were muzzled. on right now. ful we were when those little girls were Warnings about lawlessness and I can remember so many times dur- going to school the same way as the looting were ignored. The State De- ing the 1990s when we had this euphoric little boys. But it was not meant to be. partment’s reconstruction plan for Iraq attitude that somehow the Cold War Afghanistan did not get the backing was dismissed and laid aside. was over and so we no longer needed a and support it needed, and along the DOD’s own report says now sectarian military and so we knew we could do way there was the recommendation to violence is the dominant trend in Iraq. some downgrading at that time. I can go to war in Iraq. But the Secretary of Defense, Mr. remember so many times on the floor In 2002, 1 year later, we were debating Rumsfeld, refuses to admit what our saying we will rue the day we did this, the war in Iraq. Well, on October 10, generals can clearly see: Iraq is slip- we are going to have to rebuild, not 2002, I disagreed with the resolution be- ping into a civil war and sectarian vio- knowing at that time that this would fore the Senate, with the request to lence. And whose side are we going to have to be during a time of war. give the President the authority to be on? We have said this must be a year At that time, our Army divisions wage war in Iraq, using a unilateral ap- of transition. And the transition must went down by about 50 percent. The proach, and to engage in a preemptive begin with Mr. Rumsfeld resigning. tactical air wings went down by about war. I did not agree that the world and Now, Mr. Rumsfeld also assured us 50 percent. Ships went down from 600 to the United States of America faced a about the cost of the war. I was in the 300. And again, people were thinking, clear, present, immediate danger from meetings. I was in the hearings. He there is no need to have this strong of weapons of mass destruction. said: Don’t worry, American taxpayers a military. And they did not seem to That information was coming from will not pay for the war. With our think there was any kind of a threat our CIA, and it was coming from our shock and awe, and this quick war, we out there. Nobody really thought about Department of Defense, which had are going to have a mission accom- what we call today the asymmetric cozied up to a dissident named Achmed plished, that the war will be over, and threat. Chalabi, the guy who hung around Lon- the cost of rebuilding will be paid for Now, that is what Secretary Rums- don, being paid $300,000 a week from by Iraqi oil. Well, Iraqi oil—drip, drip, feld inherited. I remember so well, the CIA, eating Dover sole, with no drip. When do we get a chance to see about 61⁄2 years ago, at his confirma- backing, no information. He sold us a it? There is no Iraqi oil coming to the tion hearing, I asked a question. I said: bill of goods. There were no weapons of United States. Why? Because the infra- Right now, we have downgraded the mass destruction in Iraq. Rumsfeld was structure is broken. Because of the cor- military to the point where we are one of the ones who made that argu- ruption. And because we were once going to have to build it up again. And ment, along with the CIA. again oversold. as we try to anticipate the problems we So where am I today? Today, I really Finally, we need to hold Rumsfeld re- will be facing that we must prepare for do believe we need a fresh approach. sponsible for the prisoner abuse scan- today, that will come 10 years from One of the ways to get it is through dals. The abuse at Abu Ghraib is de- now, you are going to have all the four new leadership. Ordinarily, I would not plorable, despicable and dishonorable. star generals, who are all smart people, single out a personality. I would agree It does not reflect the values of the but they are not going to guess it with my colleagues on the other side of United States, or the code of conduct right.

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.064 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9021 I can remember one time, in 1994, I with a crew out to a battle area, he He hated Americans until the Marines was in the House Armed Services Com- leaves the ship there and flies the crew went into Fallujah and started this em- mittee, and we had someone testify back and forth and increases the ship’s bedded training. He learned to love that in 10 years from then we would no efficiency at sea by about 50 percent. them so much that he looked across at longer need ground troops. That was in That is common sense, but it is some- me and he said, ‘‘When they rotated 1994. So I asked: What is the answer to thing that nobody else did. It took the Marines out, we all cried.’’ Then he this? If we are going to try to have our Donald Rumsfeld to come along with renamed the Iraqi security forces in kids, our troops go into the field on the idea to do that. Fallujah to be the Iraqi Marines. some future date 10 years from now, In the Air Force, he recognized at Then, up in Saddam’s hometown, I how are we going to be sure they have that time that—I think it was probably was there when they blew up some of the best of everything? under his supervision that General the Iraqi security forces who were He said: Well—I am going from mem- Jumper had the courage to stand up training. Forty were either killed or ory now, but he said—all throughout and say: Now we are sending our air- near dead. What you didn’t get in the the 20th century the amount we spent men out with equipment that isn’t as media was the success story, the sup- on defense equaled 5.7 percent of GDP. good, potentially, as the enemy’s. He port from the Iraqis. Each family of At the end of the 1990s, we were down talked about our strike fighters, and the ones who were killed in Tikrit sup- to 2.7 percent. the best that we had were the F–15 and plied another member of the family to I said: Where should it be? the F-l6. We slowed down the F–22 de- take the place of the one who died. You He said: Probably, in order to be pre- velopment, the joint strike fighter. But don’t see that in the news. I was fortu- pared for any contingency in the fu- General Jumper stood up and said—and nate to have arranged to be there at ture, we would have to be somewhere Rumsfeld agreed—that now the poten- the same time that their Government between 4 and 4.5 percent or maybe tial is that the enemy has better equip- took over. The Prime Minister, Defense even 5 percent of GDP. ment than we do. What he was refer- Minister Jasim, and the National Secu- That is the problem he inherited. ring to was the SU series the Russians rity Advisor were there. I asked them And he was hired because he has had were making, SU–27s, SU–30s, and SU– basic questions. Some are talking the vision to restructure this and set 35s were, in many ways, superior to about the civil war that is going on. A about doing that job some 61⁄2 years what our airmen and women were fly- civil war is not going on. If you go ago. ing. there and sit down and talk to them, I During his first month, he called for So, anyway, we got this back on believe it was Jasim who said that he flowcharts to be created that would de- schedule and now we have some 66, 68 is Shia and his wife is a Sunni. He tail the interdepartmental relation- F–22s flying. I see a couple of the Sen- didn’t even know what some of the ships at the Pentagon. What he re- ators on the floor who will join me in other members of the Cabinet were. I ceived back looked like a bowl of spa- wanting to enhance that program of F– wasn’t sure I believed this, I say to my ghetti. 22s and move the joint strike fighter friend from Alabama. I went out on my It was totally disorganized. He had to forward. That is something that this own with an interpreter and I saw an expose this, and we all know now what Secretary did, which others were not honor guard force, the very elite of the he did. He started in on reforming the willing or capable of doing and didn’t group; there were nine of them. One Pentagon. Nobody else did it prior to have the foresight to do. was the leader. I said to the leader: I him. He was the one who did it. We I have to tell you this, Mr. President. would like to know about the civil war, know the big picture changes and takes I was there during the confirmation about what is happening between the time when we shake up the very foun- hearing, and I said publicly on the Sen- Shia and the Sunnis. He said: That is dation of the Pentagon, but he did it. ate floor that the liberals are not going just not a real thing. I have been with We were shifting from a division-ori- to like Rumsfeld for one major reason: these guys 8 days now, and I cannot ented force to a modular brigade com- they cannot intimidate him. He is not tell you which are Shia and which are bat force, from a conventional base one to be intimidated. He has stood up Sunni. He said—and this is interesting enemy toward an asymmetric war, to them, and he tells the truth; he tells because he repeated what Dr. Rubai while maintaining our ability as a it like it is. People in politics, many said—he said: That is a Western con- modernized nation. Much progress has times, don’t like that. cept. been made in the Army’s system of Turning to Iraq, the positive things I wish that some of these people who dealing with divisions and organizing that have changed in Iraq are economic are criticizing what is going on would them into modular brigades, combat change, where the economy is recov- hear the testimonials we hear. A teams that are more capable and faster ering after 30 years of a bloody dicta- woman told me ‘‘now my daughter can to deploy. He increased force size from torship that we are aware of. In 2005, get married.’’ I said: Why couldn’t she 33 brigades to 42 brigades. I didn’t the Iraqi economy grew an estimated 3 get married before? She said it was be- agree with him at first. percent. It is estimated to be some 10 cause the wedding celebrations take I remember that out in Oklahoma we percent in 2006. The International Mon- place outdoors. Many times, the forces were shocked when he made the an- etary Fund is anticipating that. Under would come by—and we know, of nouncement as to one of the programs Saddam Hussein’s regime, the Iraqi course, Saddam’s sons would capture that we had, that we were working on, standard of living deteriorated rapidly. and rape all of the girls and bury them the development of a modern nonline- The per capita income there dropped alive. That is not happening anymore. of-sight cannon called the Crusader. It from $3,800 in 1980 to $715 in 2002. For the first time, we have women was going to take us out of the World Today, the economic recovery is pick- going to school there. You have to go War II technology. Right now, the best ing up, with GDP growing from $18.9 there and talk to them before you real- thing we have in terms of artillery is billion in 2002 to $33 billion in 2005. ize it. the Paladin, and that is World War II I have to say this, also. So many of The security forces that we criticize technology. It is one where you have to the people who criticize what is going on the floor of the Senate are up now swab the breach after every shot. That on over there in the war don’t go over to 275,000 trained and equipped. I have is what we were faced with at that there and see. If you watch CNN and talked to them, visited with them. I time. I criticized him for junking that the networks and read the New York was in Fallujah when they voted. They program. He had a bigger picture in Times, you will not get an accurate voted 2 days ahead of time because mind. It was a future combat system picture of what is going on. I have been they were risking their lives to vote. for the Army. there more than anybody else. I have They are looking forward to the day He looked at the Navy and said the been in the Iraqi AOR 11 times, during when they are going to be able to take biggest problem was spare parts. Don- all of the elections. I was in Fallujah care of their own security. It is dif- ald Rumsfeld concentrated on that and during that election. I recall very well ficult for people to say when that day now has ships ready to be deployable. a general there named Mahi, who had is going to come. That is a military de- Another change in the Navy was in- been the brigade commander for Sad- cision. Many of the military people tell stead of bringing a ship all the way dam Hussein; he had hated Americans. me that when they have 10 divisions

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.065 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9022 CONGRESSIONAL RECORD — SENATE September 6, 2006 trained and equipped, they will be able For the record, I was the first Sen- preaching about ‘‘moral and intellec- to do it. Now they have 275,000, so that ator to call for Mr. Rumsfeld’s resigna- tual confusion.’’ would be about 325,000. tion. I did so nearly 21⁄2 years ago, on I don’t know of anyone else, I don’t They are making great progress. I May 6, 2004, in response to the revela- know of anyone on this side of the aisle heard the distinguished minority lead- tions of torture and abuse at Abu who has criticized the President and er of the Armed Services Committee Ghraib prison. As I said then: his mismanagement of the war, and talk about a poll taken about how the For the good of our country, the safety of Rumsfeld and his mismanagement, who Iraqi people are responding to us. If a our troops, and our image around the globe, ever went to Iraq to shake hands with question is worded: Do you want to Secretary Rumsfeld should resign. If he does Saddam Hussein, who went to tell Sad- have the coalition forces here from now not resign forthwith, the President should dam Hussein we would share informa- on? Of course, they don’t. They are a fire him. tion and intelligence and whatever very proud people. They want to take I said that on May 6, 2004. However, weapons we might need. This was after care of their own problems. But they the scandal at Abu Ghraib is not the we knew that he had gassed the Kurds are not ready for us to leave right now. only disaster that can be traced di- and Iranians, after he committed mass In a poll taken about two trips ago, rectly to Mr. Rumsfeld. The Secretary murders. Yet for Mr. Rumsfeld in 1983, they said 94 percent of the Iraqis sup- of Defense has become virtually syn- Saddam was our guy. Let me rephrase port a unity government. Now they onymous with disastrous decision- that, Saddam was his guy, not ours. have that unity government. making. The litany of his catastrophic Now, for Mr. Rumsfeld to be talking In the same poll, 78 percent of the mistakes is familiar to all of us. about moral and intellectual confusion, Iraqis said they were opposed to Iraqis Before the invasion of Iraq, Mr. let’s get real here, folks. The only per- being segregated by religion or eth- Rumsfeld sidelined General Shinseki, son who is morally and intellectually nicity. And so we can show you that then the Army Chief of Staff, for dar- confused is Donald Rumsfeld. the Iraqi people are so appreciative. It ing to state that hundreds of thousands The litany of Donald Rumsfeld’s mis- is spooky when they recognize you as of troops would be needed to secure takes and misjudgments go on and on. an American and come running up to Iraq. Instead, Mr. Rumsfeld insisted on He has become almost a legend in his you. You never know for sure what going to war on the cheap, with the own time as a Secretary of Defense they have with them. But they come bare minimum number of troops need- who has been catastrophically wrong up and embrace you and they are rec- ed to overthrow Saddam Hussein. Mr. again and again but who arrogantly re- ognizing that what we and the coali- Rumsfeld gave no thought to securing fuses to acknowledge any mistakes. tion forces have done is a remarkable the country after Saddam’s fall. In- Earlier this year, when Secretary of thing. deed, he threw out the State Depart- State Condoleezza Rice said the United Also, what do a lot of these critics I ment’s plan for restoring order. It was States made tactical errors in Iraq, Mr. heard on the floor have in common? Mr. Rumsfeld, remember, who dis- Rumsfeld dismissed her, too. He said: They are all running for President of missed the postwar anarchy in Bagh- If someone says, well, that’s a tactical mis- the United States. This is going to be dad and other places with the phrase take, then I guess it’s a lack of under- their issue. If they can go to the Demo- ‘‘stuff happens.’’ That is a direct quote standing of what warfare is about. crats and say, I am more liberal than from Mr. Rumsfeld. Maybe we should listen to those who anybody else, I am heading up the sur- He was complicit in the decision to truly do understand what warfare is render, cut-and-run caucus, that is disband the Iraqi Army which fed the about. Maybe we should listen to some what they are going to try to do. chaos and drove many former Iraqi sol- of the generals. I suggest that we are very fortunate diers into the arms of the insurgency. In early April, LTG Greg Newbold, that Donald Rumsfeld was here at this Again and again, he refused to in- the former Director of Operations for time. I have thought often about what crease U.S. troop strength to a level the Joint Chiefs of Staff, wrote in Time might have been the alternative. The that would allow law and order to be magazine that the invasion of Iraq greatest possible disservice we can do, restored in Iraq. ‘‘was done with a casualness and swag- not just to the Iraqi people but to our He gave a green light to abusive prac- ger that are the special provenance of troops there, is to use Rumsfeld and tices that led to the scandal at Abu those who have never had to execute the war for political advancement. I Ghraib prison. these missions—or bury the results.’’ have spent time with them over there, He dismissed the insurgency as the He added: and I assure you that we did the right work of just a few ‘‘dead-enders’’ who thing. The cost of flawed leadership continues to People who say there is no connec- would soon be routed. be paid in blood. tion between 9/11 and Iraq don’t realize He failed to adequately equip our About the same time, MG John that three major terrorist camps were Armed Forces in Iraq, including basic Baptiste, who commanded the 1st In- actually in Iraq at that time. They are items such as body armor and fortified fantry Division in Iraq in 2004 and 2005, not open for business anymore. So I am humvees. said: very proud to stand here and defend Most recently—just last week—Mr. I believe we need a fresh start at the Pen- our Secretary of Defense, who has done Rumsfeld lashed out at critics of the tagon. . . .We need leadership up there that a great job, and also to say that our war in Iraq. He accused them of ‘‘moral respects the military as they expect the troops are doing an incredible job and intellectual confusion’’ and of ap- military to respect them. under most difficult circumstances. peasing ‘‘a new type of fascism.’’ Those Marine GEN Anthony Zinni, the I yield the floor. are his exact words, ‘‘moral and intel- former Chief of U.S. Central Command, The PRESIDING OFFICER. The Sen- lectual confusion,’’ ‘‘a new type of fas- accused Mr. Rumsfeld and his civilian ator from Iowa is recognized. cism.’’ advisers of ‘‘dereliction of duty’’ in Mr. HARKIN. Mr. President, the Sen- Wait a minute. This is the same Don- failing to prepare adequately for war. ate really should not have to debate ald Rumsfeld who visited Baghdad in The remarkable thing about the de- the need to replace Donald Rumsfeld, 1983 and was photographed warmly bacle in Iraq is that nobody, aside from the Secretary of Defense. If the Bush shaking hands with none other than a few privates and sergeants, has been administration believed in account- Saddam Hussein. He had been sent on held accountable or dismissed. Isn’t it ability, if it believed in performance that mission to court Saddam Hussein the truth? It is always the grunts, it is standards, if it believed in demanding and to communicate the Reagan ad- always the noncoms and the privates competence from senior officials, Mr. ministration’s desire to help the Iraqi who get the raw end of the deal. They Rumsfeld would have been dismissed dictator in his war against Iran. were the ones who were thrown in pris- long ago. Mr. Rumsfeld went on that mission on for the scandals at Abu Ghraib. Instead, as disaster after disaster has after we knew that Saddam Hussein What about the people above them? No followed disaster after disaster, and as had committed mass murders, after we one is ever held accountable above Iraq descended first into guerrilla war knew he had used chemical weapons to them. and into civil war, Mr. Rumsfeld has gas the Iraqi Kurds and Iranians. Mr. Incredible as it may seem, the four been allowed to cling to his job. Rumsfeld is the last person to be coarchitects of the Iraq debacle—Paul

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.067 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9023 Wolfowitz, George Tenet, GEN Tommy disastrous for the world, disastrous for who do wear it are true heroes to all of Franks, Paul Bremmer—have all been so many of our troops now injured, now us. But the fact is, when it comes to awarded the Medal of Freedom. They deceased, killed in Iraq. the leadership in the Army, the leader- have all been awarded the Medal of It is unacceptable. It is time for the ship in every other branch of the U.S. Freedom. Paul Wolfowitz, who said we Senate to go on record saying that it is military—but most specifically the would pay for it with Iraqi oil, who unacceptable. That is what the amend- Army because, frankly, they have car- said it would be over within 6 weeks, ment is all about. It is about holding ried the brunt of this in Afghanistan as maybe 6 months at the most, was Mr. Rumsfeld accountable for his trag- well as in Iraq—there is strong leader- awarded the Medal of Freedom. Think ic mistakes. It is about giving our ship over there, strong individuals, about that, the architects of the deba- troops the credible, competent civilian men who are well educated, men who cle in Iraq. And Donald Rumsfeld has leadership they deserve, someone with are smart, men who are well schooled been rewarded with continued tenure a post-9/11 mindset on the world, not a in the war on terrorism but who are as Secretary of Defense. pre-9/11 mindset, such as Mr. Rumsfeld principally schooled in military oper- Meanwhile, our enterprise in Iraq has. ations. We don’t hear any one of those continues to descend deeper and deeper It is about charting a new course in individuals jumping up and saying: I into chaos, corruption, and crime. Who Iraq. It is also about charting a new have told the Secretary this, he is surprised by this? The same Sec- course in the war against terrorists wouldn’t do this, and therefore we suf- retary of Defense whose decisions cre- who attacked us on September 11, 2001. fered the consequences of his decision. ated the quagmire in Iraq is still in of- It is time for Mr. Rumsfeld to go. It What we have heard from my good fice, still in charge, still making key is time for new leadership at the Pen- friend from Iowa, again, is comments decisions. tagon. made by former military individuals It boggles the mind. I am reminded I yield the floor. who probably didn’t agree with what that the definition of insanity is doing The PRESIDING OFFICER. The Sen- this Secretary did, but they didn’t say the same thing over and over again and ator from Georgia. it while they were in uniform. They expecting a different result. Mr. CHAMBLISS. Mr. President, I waited until they were out of uniform. We have the same disastrous civilian rise in opposition to this amendment It is awfully easy to look back and leadership in place at the Pentagon. that I understand is going to be filed. I say what we should have done. But Why should we expect anything but the want to be brief, but I want to make there has been no Secretary of Defense same disastrous results? two quick points. in modern times that has had to deal I saw a bumper sticker the other day I listened with interest to my good with as many complex military issues that said ‘‘Support our troops, not poor friend from Iowa, and he is my dear as this Secretary of Defense. leadership.’’ I agree. Our soldiers and friend. I understand there are reasons This Secretary of Defense is a tough marines on the ground in Iraq are put- one can put hindsight glasses on and boss. He is a very tough boss, but he ting their lives on the line every day. one can criticize somebody for failing has a tough job to do. When I look at They are trying their best to salvage to take action when something has the men who are making comments some kind of positive outcome in Iraq. been done over a course of weeks, relative to what this Secretary of De- They deserve our respect and our sup- months, and years in this case. But fense should have done or should not port. They also deserve competent ci- what I don’t hear in addition to the have done, I start with GEN Tommy vilian leadership at the Pentagon. criticism is what we could have done or Franks. General Franks was there from Donald Rumsfeld ought to have the what we ought to do. All I hear is day one as the Commander of decency to step aside and allow for blame being put on, in this case, one CENTCOM. Tommy Franks was the fresh leadership at the Pentagon. In- man for the situation that has devel- man who was leading his men and stead, he stubbornly refuses to admit oped in Iraq. women into battle under this Secretary any error. He stubbornly refuses to I happen to have a different opinion. of Defense. He is the man who was pro- change course. He stubbornly refuses I have been involved from the intel- viding tactical information to this Sec- to go. ligence side, as well as from the Armed retary of Defense and who made the Quite frankly, Mr. Rumsfeld has a Services side in this body, as well as key decisions in Afghanistan and the pre-9/11 mentality, a pre-9/11 mindset. previously on the House side. Secretary decisions early on relative to Iraq. And He talks about World War II, fascists, Rumsfeld has been at the helm of the what does Franks say about the leader- and Nazis. That is World War II. Department of Defense now for almost ship of Donald Rumsfeld? He couldn’t Then, he said we have to stop the ter- 6 years, and during that 6 years, we, say enough nice things or enough posi- rorists in Iraq before they get into the first of all, saw a movement toward tive things about the leadership of Philippines, Indonesia, and other transformation of our military to a Donald Rumsfeld. But as the minority places. I remember as a staff aide to a leaner, meaner, more mobile military. leader said, this goes beyond that. committee in the House in 1970 going Under his leadership, we have been What we are hearing in this debate is to Vietnam and sitting in a meeting headed in that direction. about the policy in Iraq and not about with then-President Nguyen Van Thieu During the course of that, along just the leadership of that one position. with a bunch of Congressmen. I remem- comes the conflict in Afghanistan, fol- And this amendment goes to that. ber him lecturing how the Communist lowed by the conflict in Iraq, and the My second point is when we talk goal was not South Vietnam; it was overall global war on terror, which is about in this amendment that America just a stepping stone to the Philippines really what this is all about. is less secure today than we were prior and Indonesia. And the Congressmen I heard the distinguished minority to September 11, that statement could there lapped it up. They lapped it up. leader say this morning that this is not not be any more false. All of us in this Oh, yes, we have to stop the Com- about Donald Rumsfeld. It goes well body who were here on September 11— munists in Vietnam before they get to beyond that. He is exactly right be- I happened to be in the other body on America. This is Rumsfeld saying this cause the criticism I hear now is not September 11, and all of us who were in about terrorists. just specifically at the Secretary of De- both the House and the Senate who had As it has been pointed out, there are fense but the overall policy of this ad- any knowledge whatsoever of the intel- more terrorists in Iraq now than prior ministration toward the global war on ligence situation and, for that matter, to 9/11. It seems as though for every terrorism. probably 100 percent of the Members of terrorist we kill, four or five spring up. I am not a military expert. I don’t the House and the Senate, believed So Mr. Rumsfeld has a pre-9/11 pretend to be, and I don’t think there that at some point in time we were mindset, that he is fighting World War is anybody in this body who is an ex- going to suffer another attack by the II or maybe even fighting the Vietnam pert on the type of conflict in which we terrorists, who wake up every single war. That is why we need a change at are now engaged, particularly as much morning with their sole purpose that the Pentagon. His tenure at the Pen- of an expert as those folks who wear day being to try to decide how they are tagon has been disastrous—disastrous the uniform of the United States. All of going to kill and harm Americans. Yet for our economy, disastrous for Iraq, those who have worn it, all of those we are going to celebrate next Monday

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.069 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9024 CONGRESSIONAL RECORD — SENATE September 6, 2006 the fifth anniversary of September 11. be just as resounding in opposition and there whether they think the plan has And, gosh knows we hope it doesn’t a defeat of this amendment. worked. It is insulting to suggest that happen today, we hope it doesn’t hap- I will say that I haven’t always those who disagree suggest a retreat. pen tomorrow, but if we get to Monday, agreed with Donald Rumsfeld. He and I They are ugly, partisan, political com- it will be 5 years that the United have had some very public and tough ments by the Vice President. States has gone without suffering an- battles. But he has always been fair. He What the Democrats want—and other attack. has always been straightforward. many Republicans—is a change in the There are reasons for that, and Don- In one instance, when he called me direction in Iraq and new civilian lead- ald Rumsfeld is one of the reasons we about a matter that I was involved in, ership at the Pentagon to implement have not suffered another attack on frankly, he was right and I was wrong, it. The stubborn Bush-Cheney-Rums- U.S. domestic soil since September 11. and I had to admit that. I made a feld approach is simply not working. He is part of a team. There are a lot of change in something we were doing, The retreat the Republican administra- people who deserve credit for it. Our in- and we moved on. In other matters, he tion should be concerned with is the re- telligence community is doing a much has told me that I was right, and he treat of their colleagues from this better job. We had a briefing in the In- was wrong. That is the kind of leader failed Iraq policy. telligence Committee from the Direc- he is. He is not one who says that you Some Republicans in Congress are tor of the CIA, Mike Hayden, today to either agree with me or you are simply happy to walk the plank and support find out some additional things that we not on the team. Secretary Rumsfeld the arguments that simply defy logic are doing now, all positive things, all has been in a tough position since he and others are jumping ship. We are continuing to move in the right direc- has been there. He has dealt with very seeing staunch Republicans, such as tion. Mike Hayden is a part of that tough decisions in a very fair and fa- Representative GIL GUTKNECHT of Min- team. As we look out at all of our vorable way. nesota, saying that we lack strategic other intelligence agencies around the If you look at the men who have control of Baghdad and calling for a country, from a defense standpoint as served under him and you start with limited troop withdrawal. Representa- well as a civilian standpoint, they are Tommy Franks, for whom I have such tive MIKE FITZPATRICK of Pennsylvania all doing a better job than they were great respect and who I think every- has characterized the Bush stay-the- on September 11. They are all a part of body in this body would agree is not course strategy as extreme. We all that team with Donald Rumsfeld and somebody who is going to get rolled know our principled colleague, Senator Mike Hayden to make sure that we are over, Tommy Franks is not that kind HAGEL, has spoken up in favor of protected as citizens of the United of individual. If he believed in some- changing course in Iraq from these States. thing, he would encourage the Sec- failed policies. When you look at Director Mueller at retary of Defense under his leadership But through it all, the Bush adminis- the FBI, the FBI is doing a better job to do exactly what he thought ought to tration mantra is the same: Stay the today than they were doing on Sep- be done. Donald Rumsfeld is the kind course. Don’t cut and run. The alternative to that is stay and tember 11 of helping to gather intel- of person who would have listened to die. Critics are either unpatriotic or, as ligence and interrupting and disrupting him, and he would have done whatever we heard from Secretary Rumsfeld last potential terrorist operations inside General Franks recommended. When week, like Nazi appeasers. the United States. They, again, are General Franks says this is the kind of It seems the more the Americans call part of that team. Every single FBI guy we need in the foxhole with us, as on the President to change course in agent, whether they are on domestic Tommy Franks has alluded to, then he Iraq, the more adamant he is to con- soil or whether they are on foreign op- is the kind of guy we want leading the tinue his failed approach. President erations, are doing a better job of mak- Department of Defense. Bush and Secretary Rumsfeld are mak- ing sure that as a team they are work- Mr. President, I yield the floor. ing the same speeches now that they The PRESIDING OFFICER. The Sen- ing to protect Americans and to help were making a year ago and even 2 interrupt and disrupt terrorist activ- ator from New Jersey is recognized. years ago. Most of the words and Mr. LAUTENBERG. Mr. President, it ity. phrases are the same. Nothing has is interesting and amazing to me to lis- So to say that we are not as safe changed except the date and the stage ten to the critics of dissent in this today as we were on September 11, 2001, of the time. is simply an incorrect statement and democratic society. If you disagree The reality is that this administra- shows a lack of understanding about with the administration, they try to tion is incompetent, and those in this what has happened in the 5 years since insult you out of order and to create Congress who stand with them are en- September 11. positions that describe you as insignifi- dorsing this grievous incompetence. Donald Rumsfeld is in a very unique cant, willing to retreat. We watched The administration’s incompetence in position. He is in a position of making last week as the President continued Iraq has put our troops in danger. The decisions relative to every single as- his administration, as he began yet an- administration’s incompetence in Iraq pect of the war on terror. Donald other campaign to convince Americans is now empowering the terrorist regime Rumsfeld has a boss and he has to an- that its policy in Iraq is working. But in Iran. The administration’s incom- swer to that boss, and the boss is the much like the President’s Iraq policy petence in Iraq has strengthened, not President. I suspect that the under- itself, this latest rhetorical campaign weakened, al-Qaida and other jihadists. lying motive behind what we are debat- just isn’t working. There have been In summary, this administration’s ing today is not about Donald Rums- five Bush administration campaigns to incompetence has made us less safe, feld; it is one more opportunity for convince America that we should stay and Americans feel it in poll after poll those folks who came on the floor of the course, and in each one of these ad- and in State after State. the Senate and attacked the war in ministration claims they fail to con- I used to run a large company. Any Iraq and said it was time to get out and vince the public. The public is smarter successful CEO will tell you that if one made the arguments that we ought to than they give them credit for. The of the top executives is making mis- get out of there now, we ought to get American people understand what is take after mistake after mistake, you out of there in 6 months, we ought to happening in Iraq, and no have only one course: fire him. Get rid be out in 9 months, whatever it is— wordsmithing is going to change that. of him. There have been so many mis- let’s set a timetable and tell the terror- The administration rhetoric con- takes and miscalculations by Secretary ists: You sit where you are, and in that tinues. Last month, in a speech in Ari- Rumsfeld it is staggering to try to un- period of time we are going to be out of zona, Vice President CHENEY said: derstand why he is still around, to be there. And when the vote came on that What these Democrats are pushing now is polite, why he is still on the job. It particular issue, there was a resound- the very kind of retreat that has been tried doesn’t make sense. It doesn’t make ing vote in opposition to that par- in the past and has failed. sense to me, and it doesn’t make sense ticular philosophy in this body. I hope Is he implying that their mis- to millions across the country. the next vote that we take, which will managed offense worked? Ask the 2,600 Before the war, Secretary Rumsfeld be on this particular amendment, will families who lost a son or a daughter said:

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.071 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9025 We know where the weapons of mass de- Swannack, Jr., LTG Paul van Riper, covery and openness requirement that struction are. GEN Wesley Clark—distinguished mili- he had committed to, to the U.N.—all But now we know that there was no tary leaders who served nobly, who those things. real evidence that Iraqis had WMDs. He served bravely. Now, when they say The situation was such that we, with also said that the Iraqis would welcome take a look and see where we are going, many of our allies, gave him one last U.S. troops and that Iraqi resistance they are ignored. chance. He didn’t take that chance, would be limited. That was obviously General Eaton, who served in Iraq, that one last chance to clear himself wrong. He also failed to build coali- said the following about Secretary and demonstrate he had no weapons of tions with our allies. That doesn’t stop Rumsfeld: mass destruction, and that is when we him from referring to the coalition ex- In sum, he has shown himself incompetent, voted. There was no mystery about perience that we are having. There is strategically, operationally, and tactically, that. virtually no coalition existence there, and is, far more than anyone else, respon- The Secretary worked with GEN with the exception perhaps of the U.K. sible for what has happened to our important Tommy Franks, and GEN Tommy and Canada. In fact, Secretary Rums- mission in Iraq. Mr. Rumsfeld must step Franks approved and designed a mili- down. feld went out of his way to mock our tary campaign that he believed would allies when he should have been reach- In summary, business as usual in be successful. He moved with lightning ing out to them. Iraq has to stop. We need new leader- speed and tremendous effectiveness, This administration’s failure to build ship. Unless Secretary Rumsfeld is re- and it was a tremendously effective de- a real coalition has caused our troops placed, we are, unfortunately, destined struction of Saddam Hussein’s regime to bear the vast majority of risk and to for more of the same pain and casual- in a time period far less than I would suffer the casualties. These casualties ties as we have in Iraq now. ever have thought possible and with a loss of life far less than I would have stand at 2,652 deaths and almost 20,000 The PRESIDING OFFICER. The time thought possible. It was a brilliant wounded. of the Senator has expired. deal, and the Secretary of Defense, if Secretary Rumsfeld said the war The Senator from Alabama. you read GEN Tommy Franks’ book, would be short. He said: Mr. SESSIONS. Mr. President, what we are having now is a rehash of peo- followed GEN Tommy Franks’ deci- It is unknowable how long that conflict sion, supported that decision and was will last. It could last six days, six weeks. I ple’s complaints about the war, and doubt six months. they are focusing it on the Secretary of praised by GEN Tommy Franks, the man who led this effort against Sad- More than 3 years later, we know Defense in a political season. We all know we will soon have an election. So, dam Hussein and removed him from of- that assessment was tragically wrong. fice. Secretary Rumsfeld also ignored everything anybody wants to complain about with regards to the war on ter- Now what has happened? Many of the warnings that he wasn’t committing things that were predicted to happen enough personnel and resources to win ror, that they are unhappy about re- garding the difficulties we now face in didn’t happen. We didn’t have a human- the war. When Army Chief of Staff itarian disaster. We didn’t have to lose GEN Eric Shinseki suggested that we Iraq, is now dropped on the head of the Secretary of Defense. thousands or tens of thousands of sol- needed more troops to maintain order diers in house-to-house fighting. We in postwar Iraq, he was forced out. The President of the United States took his case to the American people in didn’t have oil well fires. We didn’t Secretary Rumsfeld also was way off have a lot of things people projected. on the cost of the war. He said it would the last election. We heard these same complaints from these same people, The people did welcome our soldiers, cost no more than $100 billion. The war and they were happy to see the statue so far has cost a staggering $320 billion. and they made them all over the coun- try, and the President of the United fall. You remember those scenes. He missed the mark. He said— But look, we have difficulties now. States, George Bush, won that elec- insultingly: There has been a persistent measure of tion. He won it with a majority of the You go to war with the Army you have, violence in Iraq driven by a whole lot votes of the American people. For the not the Army you might want. of forces. They are determined and first time in over a decade, a President striving every day to not allow a good Is that a suggestion that our troops has won the majority of the votes in and decent government to be formed are less competent, less brave, less cou- this country. and be sustained in Iraq. We have in- rageous, less willing to do their job? I Now unfortunately, that is not vested a lot of time and effort in that. think it is a terrible reference: enough. It is tough. If you think about it, you can have all of I would just say a couple of things I the armor in the world on a tank and a tank I have a nephew there and the son of think are important. This Senate, after a good friend there in the Marines, in can be blown up. months and weeks of debate and dis- Ask the parents of those who are in tough areas right now. My nephew is in cussion and hearings—open hearings, the Marines. I have a sense for the ef- the tank corps how they feel about secret hearings, briefings from the in- that. fort and courage of our soldiers. It is a telligence officers at lower rank, brief- tough duty, and we are in a very tough And you can have an up-armored humvee ings from the CIA Director, from De- and it can be blown up. struggle. fense intelligence—we came into this The struggle moved to Baghdad. An So it means, if you take it literally, body and we had to do our duty. Our effort has been made to destabilize well, that is what happens. If you don’t duty was to vote our conscience on Baghdad and the Government there. have enough armor, they just get whether to authorize military force in We moved to counter that. That is the killed. Talk to the parents. I talked to Iraq. That was a solemn duty. I do not way, American people, it is always them. I visited with them. Boy, they think anyone here misunderstood the going to be when you deal with an don’t feel they were as protected as seriousness of that event. If they did, enemy who has an ability to think. they should have been. they are not very grown up because it When you move in one direction, they Despite all of the funds, all of the ef- was a grownup decision we were asked will counter. When they move in an- fort, all of the sacrifice devoted to the to make: whether we were going to other direction, you have to counter war, Secretary Rumsfeld has failed to commit our soldiers to military action that. That is the way it will be. It is fully equip our troops. As we know, a against the Saddam Hussein regime, not a failure when an enemy moves in number of prominent retired generals which had violated 16 U.N. resolutions. one direction for you to counter that have come forward to say what many This regime had fired at our airplanes and alter your tactics. In fact, I expect in the military have been thinking for on a regular basis—we cannot forget any good military commander would be years—it is time for Secretary Rums- that. And we were dropping bombs on altering tactics on a regular basis to feld to leave his post. him weekly and he was shooting mis- stay one step ahead of the enemy. That The generals who have spoken out: siles at our airplanes weekly. That had is what we are in, and it is a tough bat- MG Paul D. Eaton, GEN Anthony been going on for years. He was vio- tle. Zinni, LTG Gregory Newbold, MG John lating the resolutions, he was violating I, therefore, ask, first and foremost, Batiste, MG John Riggs, MG Charles the weapons of mass destruction dis- does the resolution suggest—I say the

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.072 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9026 CONGRESSIONAL RECORD — SENATE September 6, 2006 resolution. It hasn’t been offered be- not want to take up too much of his I see the Senator from Alaska is cause it is not appropriate, as I under- time, but isn’t it true that elections here. I know he has had experience in stand it, and it would not be appro- have consequences? The fact is, when these issues. He served our country in priate to be offered. But any resolution we elect a President of the United combat. to change the Secretary of Defense, is States, one of the most important This is the question I asked General that going to help our soldiers in Iraq? things is for him to have a team Abizaid: Is that going to help them be success- around him that he can trust and that What kind of reaction, what kind of impact ful? Is it going to make their lives bet- he can rely on, and the President would there be with regard to the Islamic ex- ter? Will it help us win this war, which should be able to keep that team until tremists in the Middle East? And you are a we must do? We need to ask ourselves such time as the President of the student, General Abizaid of that region. You that. United States loses confidence in that spent time in that region as a young person. You speak Arabic and you have been with us, It is ironic, I have to say, that some team. conducting this Iraq war, virtually from the of the people who complain about Sec- If we begin dictating who the team is beginning. What kind of impact would result retary Rumsfeld not having enough around the President of the United if we were to precipitously withdraw? Would troops voted consistently for the reduc- States, it bodes ill for any President of it mollify the extremists? Would it make tion of the number of troops we had by the United States, whether it be a them say, well, the United States is a nicer 40 percent when President Clinton was Democrat or Republican or whoever, place now? We don’t have to be so aggressive in office. because one of the important aspects of now? Or would they likely be emboldened, empowered, and more aggressive? I see Senator MCCAIN here. He has the Presidency is to have people been a strong supporter of defense. He around the President of the United And just like that, General Abizaid has been concerned about the number States whom he or she can trust. Isn’t said: of troops and said so consistently. But that one of the most important predi- Emboldened, empowered, more aggressive. there are many in the Chamber today cates of capable government? I said: who are saying we do not have enough Mr. SESSIONS. I couldn’t agree In your opinion, would a failure in Iraq em- troops and at the same time saying more. I think the Senator from Arizona bolden and empower these radical extrem- they must be withdrawn ahead of time; has made a tremendously important ists? we ought to pull the number of troops point. This President is committed to a Yes, it would. down. How ironic is that. successful outcome in Iraq. He has cho- I asked again: They say Secretary Rumsfeld doesn’t sen his Secretary of Defense, and his And, in your opinion, would setting a fixed listen to the generals. I say he has lis- Secretary of Defense is his person in date, regardless of the situation in Iraq, for tened to the generals. whom he has confidence, and he does a withdrawal, embolden or empower the ex- Mr. MCCAIN. Will the Senator yield not believe changing that Cabinet tremist forces? Embolden. for a question? Member at this point in time would Mr. SESSIONS. I will be pleased. help him be successful in that effort. I Then I asked General Pace, Chairman Mr. MCCAIN. The Senator, who is a agree. But regardless of whether you of the Joint Chiefs of Staff, Marine strong supporter of the military men and I might agree, it is his call. He was Corps general: and women who are serving and with elected after a full debate over the wis- General Pace, this is a matter we’ve dis- whom I have had the great privilege of dom and the conduct of the war in Iraq. cussed. Unfortunately, it’s had very little serving on the Armed Services Com- support in the Senate but there is a political He was reelected. I think the American election coming up and people float this idea mittee, if I may be a bit cynical, may people, therefore, affirmed him and ex- that we should just pull out. You’ve heard I ask, Does the Senator think we would pect him to choose the type people he General Abizaid’s comments. He’s been in be having this discussion if we were not believes will be successful. the region for years and been leading this ef- in an even-numbered year in Sep- I think the Senator makes a good fort. Would you agree with his comments? tember? point. General Pace, Marine Corps general, Mr. SESSIONS. Unfortunately, I I would just share a couple of Chairman of the Joint Chiefs of Staff, think the Senator’s suggestion is cor- thoughts before my time is up. To re- said: rect. We are on the eve of an election. peat, we made a decision in this body. Sir, I agree with each of General Abizaid’s We have a motion here, a suggestion A majority of the Democratic side and responses to each of your questions. and an attack on the Secretary of De- a large majority if not all the Repub- Mr. REID. Will the Senator yield? fense who is leading a war effort. licans voted to authorize this military Mr. SESSIONS. I would, briefly. Let me ask the Senator from Ari- action. Many things went far better Mr. REID. Senator STEVENS came to zona, who served in the military coura- than we could have expected. But we me and wanted to enter into an agree- geously and who has been actively en- are now facing very difficult, persistent ment that we will have two votes to- gaged in trying to help us be successful violence that places at risk our sol- night. I am very inclined to agree to in this war, is he troubled that the res- diers, places at risk the new Iraqi Gov- that, but I ask the Senator—we have olution and remarks that are made, ernment, and it is something that specific times on our speakers. We need even recognizing we are in an election should not be minimized. This is a very an idea as to how much longer the Sen- cycle, could be such that they would tough time. But we have to be success- ator will speak. add to the risk and difficulties our sol- ful. Mr. SESSIONS. I won’t be speaking diers face? I know my colleagues have filed a but just 3 or 4 minutes. Mr. MCCAIN. Mr. President, I ask motion and had quite a number of Mr. REID. That way we can work unanimous consent to respond to the votes on one or more resolutions to set through there and have the votes the Senator. a date and just withdraw, regardless of majority leader wants. The PRESIDING OFFICER. Without what is going on in the country—to Mr. SESSIONS. Then he basically objection, it is so ordered. just withdraw. volunteered, he said: Mr. MCCAIN. I say to my friend from Just a few weeks ago, just before we Senator Sessions, sir, what I’d like to say Alabama, we have many pressing areas recessed on August 3, we had an Armed is that the troops that serve in the region of the war on terror in Iraq. I think we Services Committee hearing on Iraq. are not afraid of what’s happening there. should be engaged in discussions as to Testifying before that committee was They would be afraid of what would happen how we can better equip the men and General Abizaid. General Abizaid fol- if we just precipitously left. women who are serving in Iraq. I think lowed Tommy Franks as CENTCOM I would carry it a little bit further we could discuss the situation of the Commander. That region of the world because I was talking to some soldiers. acquisition of nuclear weapons by Iran is under his control. We had just voted Basically, what they told me was they and North Korea. There are many overwhelmingly to reject a pullout of were worried the politicians wouldn’t pressing issues around the world this the troops in Iraq without regard to have the gumption to stay the course body could be discussing. the status of the military situation in and be successful after we have com- I would respond with one more ques- Iraq. I asked him a question at that mitted so much of our resources and tion for my friend from Alabama. I do hearing. lives, when we have a new government

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.074 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9027 that has been up less than 6 months, ing a debate. There was an election ing to slip away from us, and we were trying to get itself established, and year. seeing a massive increase in drug pro- then we send signals with this kind of Mr. STEVENS. I ask my comments duction, growing enough poppies in Af- debate that we might just up and leave. not interrupt the Senator’s speech in ghanistan today to meet the demands Fortunately, when we have had the the RECORD. of the whole rest of the world, not just votes, they have not been there. It is Could the Senator yield to me? We the U.S. heroin addiction but the rest not helpful, in my view, to have this have a time agreement following the of the world, I say to my friends on the kind of debate. We have had it before. disposition of this. other side, if the effort were mis- We have had our votes. The American Mr. CARPER. I am happy to yield. managed as badly by a Democratic ad- people have elected the President again Mr. STEVENS. I ask unanimous con- ministration, I bet we would be having when he stated exactly what he intends sent following the disposition of the this debate in September of 2006. to do to protect this country from the Reid amendment there be a period of 30 This is a reasonable debate. I say regimes and the terrorists that are minutes equally divided in relation to that as one who has voted for most of gathering in Iraq. the Kennedy amendment, No. 4885, this administration’s nominees who We have an outstanding Secretary of with no second-degree amendments in had to be confirmed, who tried to help Defense, a man who has the confidence order prior to a vote in relation to the a bunch of my old colleagues, including of the President, a man who has lis- amendment; provided further, fol- Secretaries Thompson, Ridge, Leavitt, tened to the generals. lowing the vote, there will be 10 min- Whitman, and others to put together I was on an airplane, a C–130, flying utes equally divided in the usual form their teams to help govern this coun- into Baghdad with General Abizaid. We prior to a vote in relation to the Mi- try. could hardly hear anyone talk on the kulski amendment, No. 4895, with no Every now and then the time comes planes. Just the two of us were sitting second-degree in order prior to that to change course. We know what we are on one side of the aircraft. He ex- vote. doing is not working. One of the keys plained to me why he thought we Mrs. BOXER. We have no objection to changing course, frankly, is to should not send more troops there 2 on our side. change leadership. years ago. He testified recently at the The PRESIDING OFFICER. Without Secretary Rumsfeld, to his credit, in hearing that he does not believe we objection, it is so ordered. response to early criticism, I am told, need to send more troops. Mr. STEVENS. I thank the Senator. actually came to the President and of- Is Secretary Rumsfeld dictating this The PRESIDING OFFICER. The Sen- fered to resign. And the President, to policy or is he listening to the general? ator from Delaware. his credit, being loyal to his team, de- That is what they have advised him; Mr. CARPER. What I was saying, re- clined that offer by his Secretary. I be- that is what he is doing. He is fol- sponding and reflecting on Senator lieve that to be true. lowing the advice of one of the most MCCAIN’s question, would we be having I would say, Mr. President, if Sec- brilliant generals in the Army, General this debate if it were not September of retary Rumsfeld feels compelled to Abizaid, the commander in that region. an election year, in 1991, we voted to submit his resignation to you again, If we will continue to follow that ad- authorize the use of force in Iraq. accept it. It is time to turn the page. It vice, if we will show strength and cour- Eighteen months after a number of us is not the time to turn our backs on age, if we continue to alter our tactics voted to authorize the use of force to Iraq. It is not the time to turn our to meet the changing tactics of the force the Iraqis out of Kuwait and to backs certainly on the men and women enemy, this mindless violence can be follow them into Iraq, 18 months later, who are serving there for us on behalf defeated and a good and decent govern- in September of 1992, a Presidential of the Iraqi people today, but it is time ment in Iraq can be established. We election year, we were having debates. to change course. It is time to change have invested so much in that effort. One of the things we were not debating the leadership. That begins with the ci- We voted as a Congress to undertake was the wisdom of going out, getting vilian leadership of the Department of this action. We need to see it through the Iraqis out of Kuwait and forcing Defense. successfully. We can do that. We just them far into Iraq, into Baghdad. I yield back the remainder of my do not need to lose our nerve. We must The reason we are having this debate time. win this war. today is not because it is an election The PRESIDING OFFICER. The Sen- I yield the floor. year, not because it is September of an ator from Washington. The PRESIDING OFFICER (Mr. election year, but because of how badly Mrs. MURRAY. Mr. President, the DEMINT). The Senator from Delaware. too much of our effort in that part of Senate is debating a resolution that Mr. CARPER. I have listened to my the world has been managed. It is not a simply asks the question: Could the friend from Alabama assert that the reflection of our troops. They have Bush administration be doing things Democrats are really interested in pre- served us valiantly. They continue to better in Iraq, the global war on terror, cipitous withdrawal from Iraq. For the do so. and with homeland security? most part, the debate I have heard I say to my friend on the other side, I know we can do better. I know we from our side and in our own caucus is be honest with yourself. If the shoe need to change course if we want to be really more reflective of the words of were on the other foot, if we had a more secure. We can do better than some of our top military leaders in Iraq Democratic administration, Demo- sending our troops into war without with whom I met who said, as recently cratic President, a Secretary of De- the armor and equipment they need. as last December, it is time for Amer- fense appointed by that Democratic We can do better than misleading the ica to move toward the door; not to go President; if we were in a war that the American people about the costs of this out the door, not to close the door be- Secretary of Defense had alleged would war. We can do better than completely hind us but, again, move toward the cost $50 billion to $60 billion, and in re- misreading the insurgency, which the door. ality was costing 10 to 20 times that Vice President told us over a year ago That is a pretty good way to describe amount; if we were in a war that was was in its last throes. We can do better the way most feel. It is time to rede- expected to last maybe 6 months, and than a policy that leaves our troops ploy our forces, not to leave overnight, we are in it 3 years later, with no end without a clear mission and without a not to leave precipitously, but to move in sight; if we were in a war where basi- plan for success. toward the door. cally a Democratic administration had Our servicemembers deserve better. Senator MCCAIN asked: Would we be said to the Iraqi Army, go home, we Frankly, our security demands better. having this debate if it were not Sep- don’t need you; if we were in a situa- It starts with this Senate simply say- tember of an election year? I remember tion where instead of fostering a situa- ing we need to change the course. We voting in 1991 to authorize the use of tion where we had fewer insurgents, we cannot tolerate more of the same. We force to invade Iraq and to force and had at least a fourfold increase in the cannot have an administration that compel the Iraqis out of Kuwait back number of insurgents holding forth in has gotten it wrong at every turn. It is into Iraq. Eighteen months or so after Iraq; if we had a Democratic adminis- time to send that message loudly and that, September 1992, we were not hav- tration in Afghanistan that was start- clearly.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.075 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9028 CONGRESSIONAL RECORD — SENATE September 6, 2006 We all want the same thing in Iraq: who are responsible for the terrorist dominated government and preventing for our troops to complete their mis- attacks of September 11, which killed it from taking actions necessary to end sion successfully and to come home nearly 3,000 Americans. We still have the insurgency and prevent a full-scale safely. But today it is not even clear not captured bin Laden, and the civil war. why our servicemembers are still Taliban is reemerging in Afghanistan. As a result of these failed policies there. What are they supposed to be ac- Iraq is not the only challenge we under Secretary Rumsfeld’s leadership, complishing in Iraq today? Over- face, and if we do not recognize that, Iraq continues to be a nation in chaos. throwing Saddam Hussein? They ac- Americans will pay the price. Yes, there is a permanent govern- complished that. Looking for weapons This administration has gotten it ment in place. But the ministries do of mass destruction? They looked and wrong in Iraq, the war on terror, and not function properly; terror, there were no weapons to be found. Are on homeland security time and again. kidnappings, and assassinations con- they supposed to be setting up an Iraqi Continuing the status quo is unaccept- tinue on a daily basis. Government? We have done that. The able, and that is the message I send Iranian influence is growing, and Shi- Iraqi people have created a Constitu- with my support for this resolution. ite militias dominate the police. tion. They have elected their leaders. The American people deserve Civilian killings now top 3,000 a They filled their Cabinet. Our troops straight answers and a real debate so month, and a Sunni-Shiite civil war is have done everything we have asked we can get this right. Nothing is more emerging, with U.S. forces caught in them to do. What is left? What are our important for our security, and noth- the middle. troops supposed to be accomplishing ing is more important for this coun- today? And how will the President’s try’s future. Despite spending almost $20 billion policies get us there? That is the dis- Thank you, Mr. President. on reconstruction efforts, our plan for cussion we need to be having. Mrs. FEINSTEIN. Mr. President, I Iraq reconstruction has stalled as secu- This administration’s focus—solely rise today in support of a no-confidence rity requirements continue to tax our on Iraq—has distracted us from the resolution on the leadership of Sec- resources. larger important war on terror and has retary of Defense Donald H. Rumsfeld. Unemployment may be as high as 50 left us vulnerable. Our country faces Secretary Rumsfeld has overseen a percent, many utilities are not online, possible threats from terrorists around failed strategy, policy, and military and demand for subsidized gasoline— the world. We need a security strategy tactics for Iraq that have weakened the U.S. $0.55/gallon—has led to a thriving that ensures we can fight those threats state of our national and homeland de- black market and corruption. Oil pro- wherever they are. But, instead, this fense. duction has yet to meet revenue goals. administration has become increas- Despite clear evidence that our cur- The list of failures in our war policy ingly focused on Iraq. The President rent strategy is not working, he has in Iraq is comprehensive and long: took a detour from the war on terror stubbornly stuck to a deteriorating (1) Failed strategic, logistical, and fi- and has invested a majority of our re- course. nancial planning for the Iraq war sources in Iraq, seemingly forever. We need a new direction. ‘‘Staying Secretary Rumsfeld ignored sugges- That weakens our ability to fight the the course’’ is not the answer and Sec- tions early on by advisers like Army important war on terror. That is an- retary Rumsfeld has been the key pro- Chief of Staff General Shinseki, Sen- other mistake. ponent of this failed policy. ators such as John McCain, and reports Bin Laden is still on the loose and I first publicly called for Secretary by well-respected think tanks such as our homeland security efforts are woe- Rumsfeld’s resignation 6 months ago, the RAND Corporation, that many fully inadequate. This resolution sends after watching 3 years of mismanage- more ground troops were needed. the message that we have to get back ment of our war effort in Iraq. For questioning Rumsfeld’s plan, on track on the war on terror. We can- And, since that time, I have become General Shinseki was effectively forced not continue to stay the course in Iraq more convinced of the importance of into early retirement. indefinitely and expect to make changing the leadership at the top of White House economic adviser Law- progress in the global war on terror. the Department of Defense. rence Lindsey found himself out of a The war on terror extends far beyond In truth, the Bush administration’s job after differing with Rumsfeld in the borders of Iraq, and unless we deal failed strategy and tactics in Iraq have suggesting that the Iraq war might with all the threats we are facing, we significantly diminished the United cost up to $200 billion Rumsfeld ini- are not going to have the security we States’ standing in the world and made tially argued that it would cost only deserve in this country. But this White waging the global war on terror more $50 billion. House has put all our eggs in the bas- difficult. With the addition of emergency sup- kets of Iraq, and we are slipping behind Despite optimistic reports by Pen- plemental funding, the cost of the Iraq all the other challenges we face in Iran, tagon officials regarding the security war has now reached $320 billion, with in North Korea, in Afghanistan. situation near Baghdad over the past spending averaging $2 billion a week. Yesterday, the New York Times several weeks, it is clear that Iraq is on showed us how bad things have gotten the edge of civil war. American troops went into combat in Afghanistan. And I quote: For example, in recent days news without the proper equipment and pro- Across Afghanistan, roadside bomb attacks agencies have reported that: 40 bodies, tection. Hundreds of soldiers and ma- are up by 30 percent; suicide bombings have 25 of which had been blindfolded and rines were killed or maimed in the doubled. Statistically it is now nearly as executed by gunshot, were discovered early stages of the war due to the lack dangerous to serve as an American soldier in in a mass grave in Baghdad—this from of appropriate vehicle and body armor. Afghanistan as it is in Iraq. the New York Times. Yet in responding to these concerns, Today the Seattle Post-Intelligencer The number of killings in and around Secretary Rumsfeld famously quipped, in my home State of Washington edito- Baghdad grew substantially last week ‘‘You go to war with the Army you rialized that we need to get back to despite an American-led security have.’’ work in Afghanistan. And I want to crackdown, with morgues receiving as (2) Failed policy of de-Baathification, read to you what they said: many bodies as they had during the including abolishing the Iraqi Army The central government’s control is weak- first three weeks of August combined— with no severance pay or pensions for ening as warlords and the Taliban reassert this from the Los Angeles Times. soldiers themselves. Casualties for international Perhaps the biggest strategic mis- troops are mounting, making Afghanistan Finally, the Iraqi parliament voted almost as risky for U.S. soldiers as Iraq. to extend a state of emergency take made by military planners, be- Opium production is at a record. The head of throughout much of the country a yond the lack of adequate troop the U.N. Office on Drugs and Crime said Af- strong indication that the security sit- strength, was the decision to demobi- ghanistan is now supplying a ‘‘staggering’’ 92 uation remains tenuous—this from the lize the standing Iraqi Army, while percent of the world’s opium supply. Associated Press. ‘‘blacklisting’’ other civilian profes- We entered Afghanistan because it Yet we are continuing down the same sionals who had been members of the had harbored al-Qaida and bin Laden— failed path, buttressing the Shiite- Baathist Party.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.076 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9029 Many of these soldiers, government from its Individual Ready Reserve the The PRESIDING OFFICER. The Sen- officials, doctors, lawyers, and other ci- first time it has had to do so since the ator’s time has expired. The Senator vilian workers, with their jobs elimi- war started. from California. nated and no money to feed their fami- Top Army commanders have sug- Mrs. BOXER. Mr. President, I am lies chose to join the insurgency that gested that two-thirds of all Army bri- going to be the last speaker. Senator has now grown to an estimated 20,000 gades do not meet the necessary state DORGAN will not be using his time, so I individuals. of readiness, and National Guard chief, am asking that I have 4 minutes of his Remarkably, Rumsfeld until only re- LTG Steven Blum, estimates that two- time, since he has given me that. cently tried to characterize the insur- thirds of the National Guard cannot The PRESIDING OFFICER. Without gency as a group of ‘‘foreign fighters,’’ even be deployed today. objection, it is so ordered. failing to understand the deep resent- Equipment is fast wearing out. It is Mrs. BOXER. Thank you. That will ment cultivated by American policies estimated that the Army and Marines give me a total of 10 minutes. in post-Saddam Iraq. will need a combined $75 billion over Mr. President, I think it is a very sad (3) Faulty belief that capturing Bagh- the next 5 years for maintenance, re- day that the Republicans are not going dad meant controlling Iraq pair, and replacement alone. to allow a vote on this Democratic res- As related in recent firsthand ac- As a result of failed policies under olution calling for a changed course in counts of the initial invasion, com- Secretary Rumsfeld’s leadership, we Iraq. And their reason—I sat here and manders on the ground quickly identi- may well end up with a broken force listened—is that we are only doing this fied the threat of a guerilla war, but and an Iraq held captive by civil war. because it is an election year. Well, after GEN William Wallace, who was There must be a change in course and folks, I do not know how to break this leading the march toward Baghdad, a change in those who have managed to you, but every 2 years is an election year. Are we supposed to stop working recommended crushing the small insur- the war effort. in an election year? Are we supposed to gency along the way, he was nearly This is critical if we want to have stop talking about the issues that are forced to resign. any chance for success in Iraq. on the minds of the American people While U.S. forces successfully cap- Just last week, Secretary Rumsfeld because they may be difficult or they tured Baghdad within 3 weeks, this employed truly shameful rhetoric by may be controversial or they may have strategy allowed an insurgency to grow comparing those who have criticized consequences for us? Are we supposed within the Sunni triangle and hundreds the Iraq War with those who to stop doing the people’s business in of foreign fighters to stream across ‘‘appease[d]’’ the Nazis in the run-up to an election year? Iraq’s unguarded borders. World War II. In the speech at the American Legion I do not know about my Republican (4) Failure to manage the chaos in friends, but I know Californians expect the aftermath of the invasion conference in Salt Lake City, Rumsfeld stated: me to work every year—election year Some of the first signs that the U.S. or not—every day, every week, every lacked adequate troops were the pic- Once again, we face similar challenges in month. And I say to Senator MCCAIN, tures of Iraqis rioting and looting in efforts to confront the rising threat of a new type of fascism but some seem not to have elections do have consequences. He said several key cities immediately fol- learned history’s lessons. elections have consequences. Yes. And lowing the invasion. Questioning the patriotism of those all of us were elected, too. Is he forget- Rumsfeld dismissed the chaos as a who might not support the war, he ting that? Does he think the only elec- symbol of ‘‘freedom and democracy,’’ said: tion that matters is the election of a simply saying ‘‘stuff happens.’’ Sadly, President? I think our Founders would it demonstrated to all Iraqis that The struggle we are in is too important the consequences too severe to have the luxury be very shocked. Our job is to provide American military resources were lim- of returning to the ‘‘blame America first’’ oversight. Our job is to, in fact, advise ited. mentality. and consent on many nominations, in- This shortage of U.S. troops also re- These baseless, partisan attacks are cluding the top levels of this adminis- sulted in a failure to secure munition simply over-the-top and are being used tration. So I rise in strong support of dumps and small arms that were to fill a gaping vacuum created by the this very important amendment Sen- stashed throughout the country. lack of a successful plan for Iraq. ator REID has carefully put together. The insurgency was able to thrive It is clear to me that this adminis- This amendment does three critically through access to these munitions and tration, led by the President and Sec- important things. weapons caches, and many American retary Rumsfeld, has been wrong at al- First, it is about this Congress con- troops have been killed or injured from most every turn. ducting its constitutional responsi- bombs or RPGs that could have been Still, Secretary Rumsfeld remains in bility to exercise oversight over the ex- secured in the initial invasion, had we place, despite a growing number of bi- ecutive branch. It is our job, given to had enough troops. partisan calls for the President to re- us by the Founders. It is our job not to (5) Failure to stop abuse and torture place him. be a rubberstamp Congress, not to be a One of the greatest stains on Amer- Consequently, I believe that now is compliant Congress, not to be a roll- ica’s reputation that will come out of the time for the Senate to assert its over-and-play-dead Congress, but to the war effort is our failure to properly oversight role and move forward with a challenge, to question, to push; and if protect the rights of those detained by vote of no-confidence. things are not going well for our coun- our military. Ultimately, it is true that President try—be it wages for our workers or be While most of our men and women Bush is responsible for the failures in it education for our children or be it have served honorably, it is clear that Iraq, but no Bush administration offi- deficits as far as the eye can see and the Pentagon allowed a culture of cial was closer to the war planning debt as far as the eye can see or the abuse to develop in prisons such as Abu than Defense Secretary Rumsfeld. war in Iraq—we need to speak out. And Ghraib, Guantanamo, and Camp Nama. Secretary Rumsfeld was and remains that is what this carefully crafted Yet despite the clear evidence of de- the chief architect of the strategy and amendment does. tainee abuse, no high-level official has policy in Iraq. Second, the amendment is about been held accountable for these ac- Consequently, it is time for President helping to chart a new path forward in tions. Bush to ask for Secretary Rumsfeld’s Iraq and clearly states that we need a (6) Failure to maintain military resignation and pursue a course correc- new direction. That is important. readiness tion under new Pentagon leadership. There are those on the other side who The Iraq war has taken a significant There must be accountability for the said this is all about Donald Rumsfeld. toll on the state and preparedness of disastrous policy pursued in Iraq. It is not all about Donald Rumsfeld. It our military. Our armed forces are It is time to bring in a new team to talks about starting over, starting stretched thin; our men and women in run our military. Secretary Rumsfeld anew, getting a new strategy in place uniform overburdened. must step down. for success in Iraq. Last month, the Marine Corps was Our men and women in uniform de- Third, it is about calling for a new ci- forced to issue call-up orders for 2,500 serve better. vilian leadership. As you know, in this

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.061 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9030 CONGRESSIONAL RECORD — SENATE September 6, 2006 particular version, we do not even men- I remember writing a speech, coming this instance on this resolution of no tion Donald Rumsfeld’s name. We are to this floor, and giving strong support confidence. This is unfortunate. We basically saying it is time to change to this President to go get Osama bin should have the ability to vote on this direction. Things are dangerously Laden, to go break the backs of terror- amendment. heading down the wrong path in Iraq. ists, to go break the backs of al-Qaida AMENDMENT NO. 4904 Let’s hear what the latest Pentagon to do it—and I would give him every- Mr. President, I send this amendment report said. My friends are quoting the thing he needed. The whole world was to the desk. Pentagon, as well they should. Let’s with us. Go back to those days. Every- The PRESIDING OFFICER. The hear what the Pentagon itself is say- one was with us. But, oh, no, he had clerk will report the amendment. ing: this thing, he was going to go into Iraq, The assistant legislative clerk read Concern about civil war within the Iraqi even though his own State Department as follows: civilian population and among some defense showed there was not one al-Qaida cell The Senator from Nevada [Mr. REID], for analysts has increased in recent months. in Iraq. There were more al-Qaida cells Conditions that could lead to civil war exist himself, Mr. DURBIN, Mrs. BOXER, Mrs. FEIN- in Iraq. in America than in Iraq. Took the STEIN, Mr. BAYH, Mr. KENNEDY, Mr. LAUTEN- money, took the energy, took the mili- BERG, Mr. CARPER, Ms. MIKULSKI, Mr. KERRY, They pointed out that the average tary, spread them thin, thought this Mr. SCHUMER, Mr. LEVIN, Mr. HARKIN, and number of weekly attacks—against co- war would be over in a nanosecond. Mrs. CLINTON, proposes an amendment num- alition forces, Iraqi security forces, the And we have been misled. We have been bered 4904. civilian population, and infrastruc- misled. At the appropriate place insert the fol- ture—increased by 15 percent since last lowing: spring. The number of weekly attacks So this is a very sensible resolution. Let me just read you the operative lan- SENSE OF THE SENATE ON THE NEED FOR A has increased from approximately 640 NEW DIRECTION IN IRAQ POLICY AND IN THE guage: to nearly 800. July saw the highest CIVILIAN LEADERSHIP OF THE DEPARTMENT level of weekly attacks since military Our troops deserve and the American peo- OF DEFENSE: operations began. ple expect the Bush Administration to pro- Findings: In California, we have bases that are vide competent civilian leadership and a true strategy for success in Iraq. 1. U.S. forces have served honorably and sending our troops out for their fourth President Bush needs to change course in courageously in Iraq, with over 2,600 brave tour of duty—their fourth tour of duty. Iraq to provide a strategy for success. One Americans having made the ultimate sac- So we are supposed to sit back and be indication of a change, of course, would be to rifice and over 20,000 wounded. compliant because it is an election replace the current Secretary of Defense. 2. The current ‘‘stay the course’’ policy in Iraq has made America less secure, reduced year? Because it is an election year? Mr. President, this resolution is writ- Just talk to the parents and the fami- the readiness of our troops, and burdened ten with respect to the President. It America’s taxpayers with over $300 billion in lies who are losing their family mem- does not demean anybody. I believe it additional debt. bers, who are losing their sons and is very carefully drawn, and I think it 3. With weekly attacks against American daughters, who are losing their moms speaks for the American people. If you and Iraqi troops at their highest levels since and dads, who are seeing them come look at the polls today, they are beg- the start of the war, and sectarian violence back with post-traumatic stress dis- ging us—begging us—to change course. intensifying, it is clear that staying the course in Iraq is not a strategy for success. order, severe brain injury. Talk to And I will tell you, it has not been easy them about it. They could care less if Therefore it is the sense of the Senate for the American people to make their that: it is an election year. They want us to feelings known because they have change course and bring their kids 1. Our troops deserve and the American changed. In the beginning, they were people expect the Bush Administration to home. The fact is, we could do it if the all for this. But they have seen what Iraqis wanted democracy and wanted provide competent civilian leadership and a has happened. We cannot close our eyes freedom as much as we wanted it for true strategy for success in Iraq. to what is happening. And then when 2. President Bush needs to change course them. You show me one country that the Secretary of Defense looks at those in Iraq to provide a strategy for success. One survives that cannot take care of its of us in America—a vast majority who indication of a change of course would be to own security. replace the current Secretary of Defense Sectarian violence is what is going oppose this war—and says we do not The PRESIDING OFFICER. The Sen- on over there. As a result of our flawed understand history and we are appeas- ator from Alaska. policy, we are shorting the war on ter- ers, that has gone just too far. Mr. STEVENS. Mr. President, I raise ror. We are not protecting our ports. I say to the Secretary and to this a point of order against this resolution The money is going to Iraq. It is being President: Get with the current times. on the basis of precedent of the Senate sucked out of the Treasury, going onto I even heard Secretary Rice talk of May 17, 2000. It is not appropriate to the backs of our grandchildren, to the about how this was somehow akin to raise this amendment as a sense of the tune of over $300 billion. And where is the people who did not want to fight Senate on this bill. the money for port security? Where is the Civil War. Talk about drawing up The PRESIDING OFFICER. In the the money to protect our nuclear pow- analogies that do not make any sense, opinion of the Chair, the amendment is erplants? Where is the money to pro- there is another one. tect our infrastructure? Where is the Let’s change course now. And let’s not germane. The amendment falls money to protect our aircraft from start by approving this resolution. At under the criteria of the Senate. shoulder-fired missiles, when we know the minimum, I say to my friends on AMENDMENT NO. 4885 that at least two dozen terrorist orga- the Republican side, let us vote on this Mr. STEVENS. Mr. President, there nizations have those missiles and the resolution. It is our job to speak out. It is now, for the Kennedy amendment, 30 FBI has warned us over and over that is our job to do oversight. And let the minutes on a side, as I understand it; we need to do something about it? Oh, votes fall where they may. But the am I correct? they have to slow-walk it because they American people deserve this vote. I The PRESIDING OFFICER. It is do not have the money—except for tax thank my leader for putting this reso- equally divided. cuts to billionaires. They have the lution together. Mr. STEVENS. Fifteen minutes on a money for that. Mr. President, I yield the floor. side? So the bottom line is, this flawed The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- strategy is shorting the war on terror. ator from Nevada. ator is correct. Secretary Rumsfeld how wrong could Mr. REID. Mr. President, I will mo- Mr. STEVENS. Thank you. he be? He said he doubted this war mentarily send an amendment to the The PRESIDING OFFICER. The Sen- would even last even 6 months. But he desk. But my disappointment is that ator from Massachusetts. cannot admit a mistake. The fact is, the majority, as they have done for Mr. KENNEDY. Mr. President, I yield when we went into Iraq without a plan, years when a tough issue comes before myself 10 minutes. Just for the infor- we turned away from the war on terror. the Senate, through technical means, mation of the Members, I intend to ask Every single Senator voted for the war is preventing Senators and preventing for the yeas and nays at the conclusion on terror—every single Senator. the Senate from expressing its will—in of the debate.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.078 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9031 Mr. President, the Kennedy-Reid The British Ambassador to Iraq will be behind the curve and unable to amendment requires the Secretaries of wrote in August: adjust to the current realities on the Defense and State to determine every 3 The prospect of a low-intensity civil war ground and protect our troops. months whether Iraq is in a civil war and a de facto division of Iraq is probably Most important, our amendment re- and to outline a plan to protect our more likely at this stage than a successful quires the administration to say what troops in the event of a civil war. and substantial transition to a stable democ- we are going to do about it. How are we Under our amendment, if the admin- racy. going to advance America’s interests in istration determines that Iraq is not in Our colleague from Nebraska, Sen- Iraq in a time of civil war? How are we a civil war, the amendment requires a ator CHUCK HAGEL, concurred, saying going to protect our troops from get- description of the efforts by our Gov- in August: ting drawn ever deeper into an endless ernment to avoid civil war in Iraq, a We, in fact, are in probably a low-grade, sectarian conflict? plan to protect our troops in the event maybe a very defined, civil war. An article in Newsweek magazine on of a civil war, and a strategy to ensure General William Nash, who com- August 14 indicates that although the that our troops don’t take sides. If the manded our troops in Bosnia after that Bush administration insists that Iraq determination is that Iraq is in a civil country’s civil war ended, stated on is a long way from civil war, some in- war, the amendment requires the Sec- March 5: side the White House and the Pentagon retary of Defense to explain the mis- We are in a civil war now; it is just that have begun some contingency plan- sion of our troops and the duration, his not everybody has joined in. ning. The American people and our men and women in uniform want to plan to protect our troops, and a strat- These leaders see what is really hap- know what that means. egy to ensure that they don’t take pening in Iraq, not just the White What is the role of our troops in a sides in a civil war. House spin. Indeed, the September 1 re- civil war? What is our mission? How At every step of the way, this admin- port prepared by the Department of De- long will it take? What are the rules of istration has missed the threat to our fense on civility and security in Iraq engagement? How do we prevent our troops, and the American people have reaffirms what the American people al- troops from taking sides? As long as we seen it time and again. They saw it ready understand, the conditions of are on the ground in the conflict, our when the Bush administration dis- civil war exist. Violence in Iraq is spi- troops run the risk that they will be banded the Iraqi Army after the fall of raling out of control, and staying the perceived as helping one side against Saddam Hussein but allowed thousands course is not a viable option. to walk away with their weapons. They another. This is what the Department of De- The administration should level with saw it when the Bush administration fense report says: waited a full year to begin training the the American people about their plan- new Iraqi security forces. They saw it Concern about civil war within the Iraqi ning to protect our troops. We all agree civilian population and among some defense that the Iraqis need to make political when the White House failed to see the analysts has increased in recent months. insurgency spreading like a cancer Conditions that could lead to civil war exist compromises necessary to stop the vio- throughout Iraq. They saw it when the in Iraq. lence and civil war. That is plan A. But Bush team failed to see the danger of Rising sectarian strife defines the emerg- what is plan B? What is the contin- roadside bombs and improvised explo- ing nature of violence in mid-2006. gency plan? What is the plan to protect sive devices, yet sent our troops on pa- Sustained ethnic and sectarian violence is our troops? trol day after day, month after month, the greatest threat to security and civility That is the purpose of our amend- year after year. They saw it when the in Iraq. ment this evening. The amendment is Sectarian tensions increased over the last needed to ensure proper planning in the White House failed to provide the prop- 3 months, demonstrated by the increased er armor for our troops until the Con- number of executions, kidnappings, attacks event of civil war. gress demanded it. on civilians, and internally displaced per- Instead of attacking those who want Unfortunately, the administration’s sons. to change our course, President Bush repeated failure to see each new threat Civilian casualties increased by approxi- ought to deal with the hard, cold facts. in Iraq has put our troops and our secu- mately 1,000 per month since the previous This Defense Department report under- rity in greater peril. Today, once quarter. Assassinations, in particular, scores the fundamental truth that our again, the administration refuses to reached new highs in the month of July. The brave troops are being let down by the Baghdad coroner’s office reported that 1,600 recognize another seismic shift in administration and we need to find a bodies arrived in June, and more than 1,800 way to succeed. Iraq—the dangerous prospect that we bodies in July, 90 percent of which were as- are drawn into a deadly and divisive sessed to be the result of executions. The administration needs to look at civil war. Sectarian violence is gradually spreading all of the facts and honestly address While the President and DICK CHE- north into Diyala Province and Kirkuk as the question of civil war for the sake of NEY, Secretary Rumsfeld and Secretary Sunni, Shiite, and Kurdish groups compete our military and the American people. Rice are out on the campaign trail for provincial influence. This legislation creates a continuing claiming progress in Iraq, military Both Shia and Sunni death squads are ac- obligation to ensure that analysis on leaders and experts are urging the tive in Iraq, and are responsible for the most civil war is done regularly. The facts in significant increases in sectarian violence. the administration’s report say one White House to heed the disturbing Militias and small, illegally armed groups warning signs in Iraq. General Abizaid operate openly and often with popular sup- thing about civil war, but the conclu- acknowledged the clear danger when he port. The threat posed by Shiite illegal sion about civil war says another. We told the Senate Armed Services Com- armed groups, filling perceived and actual need an honest assessment about the mittee on August 3: vacuums, is growing. conditions and a clear plan to protect I believe that the sectarian violence is The security situation is currently at its our troops. probably as bad as I have seen it, in Baghdad most complex state since the initiation of Our soldiers and the American people in particular, and that if not stopped, it is Operation Iraqi Freedom. deserve more from the administration. possible that Iraq could move toward civil That is all from the report prepared Together, the Secretary of Defense and war. by the Defense Department. These the Secretary of State need to set the General Pace, at the same hearing, facts are at odds with the administra- White House political agenda aside and agreed about the threat of the civil tion’s statement about civil war. Sec- directly and thoughtfully address this war. He said: tarian divisions are increasing. Militia ominous threat. I believe that we do have the possibility of violence and death squad activity is in- The administration acts as if the devolving to a civil war, but that does not creasing. The number of Iraqis fleeing mere discussion of a civil war is defeat- have to be the fact. the violence is increasing. Yet the ist. They have it exactly backward. Others think that a civil war may President, Vice President, Secretary of This amendment is an effort to make have already begun. Former Iraqi Defense, and Secretary of State con- sure that the administration confronts Prime Minister Allawi said in March tinue to deny the possibility of civil and deals with the facts on the ground that Iraq is probably in ‘‘an early stage war. As long as the administration con- in Iraq and recognizes the emerging of civil war.’’ tinues to deny the plain truth, America threat before it consumes our troops.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.081 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9032 CONGRESSIONAL RECORD — SENATE September 6, 2006 We must do better. This administra- acting in support of the government, words, we continue in our bill already, tion owes it to the American people. then it does not constitute a civil war. without the Kennedy amendment, the Even more important, dealing with re- I urge my colleagues to turn their at- concept that every quarter the Depart- ality is essential and necessary to pro- tention to the key fact here: What are ment reports to us. tect the lives of our brave soldiers. the consequences if this government The first part of this report describes Iraq’s future and the lives of our fails to have a security situation that trends and progress toward meeting troops are close to the precipice of a enables it to exercise the full range of goals and political stability. That re- new disaster. The timebomb of civil sovereignty? What are the con- quirement is contained in section 9010 war is ticking, and our most urgent sequences? What are the consequences of our bill. priority is to defuse it. if these valuable oilfields—maybe not The second section of this report de- For the sake of our men and women all at once, but part of them—fall into scribes training development and read- in uniform and the stability of Iraq, all the hands of terrorists who seize them? iness of the Iraqi security forces, in- Americans are anxious for success, but What are the consequences of the situ- cluding the forces of the Ministry of we need to be realistic and smart ation devolving to the point where the Defense and police and paramilitary enough and humble enough to under- nations around it feel they must inject forces of the Ministry of Interior. stand that even our best efforts may themselves into the situation? For ex- The third section describes transfer not prevent a civil war from over- ample, those nations with Sunni popu- of security responsibility from coali- taking events in Iraq. lations, Jordan and Saudi Arabia and tion forces to the Iraqi Government, We need to begin planning now for indeed Syria and Egypt; they are not including prerequisite conditions and this possibility. Such planning is not going to stand on the sidelines. criteria for assessing the readiness of an admission of defeat. It is essential So I say to my colleague, we better provinces to assume responsibility for and necessary for protecting the lives look at what happens if this Govern- security. As I said, this report is already pre- of our service men and women in Iraq ment fails to receive that measure of pared and was presented on September who are performing so admirably today support from the coalition forces, prin- 1 and is on every desk in the Senate. under such enormously difficult cir- cipally the United States, to enable it The current report addresses the pros- cumstances. to continue to exercise the reins of sov- pect of civil war on pages 33, 34, and 35. Benjamin Franklin said as long ago ereignty and continue to have the alle- It is very clear. It has reviewed the as the 18th century: giance and loyalty of the Armed Forces concept of ethno-sectarian violence, By failing to prepare, you are preparing to which we have painstakingly trained in and that is the greatest threat to secu- fail. large numbers now and equipped. rity and stability. It also continues This was sound advice then, it is Therein is the debate we should have with regard to the concepts on page 34 sound advice now. I urge my colleagues to let the American people know what and has a series of incident reports. are the consequences. If the oilfields to support this amendment. I can tell the Senate there is no ques- I reserve the remainder of my time. were to fall into the wrong hands, they tion that the Department has discussed Mr. STEVENS. Mr. President, I yield would provide an unlimited source of already in the report the concepts Sen- such time as the Senator from Virginia cash for the terrorists—terrorists who ator KENNEDY wants to have discussed. may use. have the most frightful of all weapons It says this on page 33: Mr. WARNER. Mr. President, I rise today; namely, the human bomber. in strong opposition to this initiative Notwithstanding this concern, there is no Couple that unlimited cash and what generally agreed upon definition of civil war by my fellow colleague on the Armed appears to be a number of human among academic or defense analysts. More- Services Committee, Senator KENNEDY bombers and we have a serious prob- over, the conflict in Iraq does not meet the of Massachusetts. It is rather inter- lem. The Middle East would be thrown stringent international legal standards for esting, I went back and studied a lot of into a convulsive state. The credibility civil war. military treatises and precedents, try- of our Nation, in the eyes of the world, In other words, they have already re- ing to analyze what constitutes a civil would be tested, and we could no longer ported to us, as Senator KENNEDY war—Webster’s Dictionary; Edward be a strong voice in trying to bring would require. But Senator KENNEDY Luttwak, ‘‘The Dictionary of Modern about order in this region and to con- wants to add additional requirements War’’; Pennsylvania State University’s tain the most serious problem, as I see now. The question he asks, for exam- ‘‘The Classic International War’’; and it; that is, the possibility of Iran be- ple, in section (G), subparagraph 3: is other treatises. It was interesting. coming a power enabling it to have nu- the strategy of the United States Gov- There is another academic, with a last clear weapons. ernment to ensure that the United name spelled K-A-L-L-Y-V-A-S. He put We must maintain a strong presence States Armed Forces will not take out a treatise on warfare in civil wars. and we cannot let this Government be sides in the event of a civil war in Iraq? He talks about a conventional civil in a situation where it can no longer It may be that we are already taking war, an irregular civil war, an asym- exercise the reins of sovereignty. sides. We are supporting the Govern- metric, nonconventional civil war. I yield the floor. ment if the insurrection is there. We This is an academic exercise that Mr. STEVENS. Mr. President, how need to help the elected Government yields nothing. The one thing that much time remains on our side? against the al-Qaida attacks. There is comes out in this study is that there The PRESIDING OFFICER. The Sen- no question that should be done. But are no two civil insurrections alike. ator has 10 minutes. the Kennedy proposal presumes the There is not a blueprint that can be Mr. STEVENS. And how much time United States must not take sides. In put on this problem in Iraq to say de- on Senator KENNEDY’s side? other words, he would prevent what we finitively that it constitutes a civil The PRESIDING OFFICER. Three are doing right now. war. minutes. The question for the strategy of the In fact, the situation in Iraq, no mat- Mr. STEVENS. Mr. President, since United States in taking sides is re- ter how disturbed all of us are about 2005, the Defense Appropriations Com- peated in section 6 of Senator KEN- the rising number of deaths and the mittee has required the Department of NEDY’s amendment. I do not believe it sectarian violence, it is very disturbing Defense to report quarterly on the sta- is appropriate to direct foreign policy and I acknowledge that. It was never, bility and security situation in Iraq. or military strategy through a report- in my judgment, foreseen that this This is the most recent report. It was ing requirement on an appropriations level of insurrection would take place prepared in August and embargoed bill. once we had a series of elections by the until September 1. Senator KENNEDY and Senator WAR- people of Iraq and a government put Six pages of the bill language is very NER sit on the Armed Services Com- into place. detailed. Starting on page 233—my col- mittee. That is where policy is dis- But the basic formula of civil war has leagues can look in the bill—it requires cussed. I do not think this is the way the principle in it that if the govern- a comprehensive set of performance in- the Senate should do business. ment is still functioning and if the dicators and measures for progress and We are in a situation tonight where Armed Forces of that country are still political stability in Iraq. In other having had this discussion at length on

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.082 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9033 the other matter, I think too many I do hope the Senate will support our today. This is about a plan to protect Members of the Senate have not heard position that this is not the way to go, American troops. That is what this this debate and probably will come and that this is not the thing to do. amendment is. say: What’s going on? Has my time expired? The PRESIDING OFFICER. The Sen- The clear answer has to be that we The PRESIDING OFFICER. The Sen- ator from Alaska. should not dictate policy—particularly ator has 21⁄2 minutes remaining. Mr. STEVENS. Mr. President, I dis- military policy—in an appropriations Mr. STEVENS. I yield to my friend. agree. This amendment is about chang- bill. We provide the funding for what- The PRESIDING OFFICER. The Sen- ing the report requirements we have ever policies are already established by ator from Massachusetts. had in the past and that we have in law, by regulation, by the Commander Mr. KENNEDY. Mr. President, one this bill now. And we have had a satis- in Chief. This is something that re- can argue about the definition of a factory report. quires the determination of the Sec- civil war, but what I am talking about If one looks at the report, there is no retary of Defense, the Secretary of is the concern of the commanders on question there are attitudes in Iraq that indicate this may turn into a civil State, and the President to set mili- the ground in Iraq. This is what GEN war. There is no question that is one of tary policy. Rick Sanchez, former commander of the major problems facing us today. To There is a constitutional question in- the multinational forces in Iraq, said put on the Secretary of Defense the volved here, in my opinion, in terms of on January 7: The country is on the verge of civil war. burden of deciding if there is a civil what Senator KENNEDY wants to do. He war and giving instructions whether wants to set up a situation whereby the GEN Peter Pace on March 13: there is or not, changing the basis of Department of Defense has to decide if Everything is in place if they want to have things we require that are serving us there is a civil war going on and if a civil war. right now—I urge Senators to look at there is, then it has a set of procedures Ambassador Khalilzad is concerned this report. There are graphs in the re- that must be followed. If they decide a about the threat, March 7: port. Are you very or somewhat con- civil war is not going on, there is an- The potential is there for sectarian vio- cerned that a civil war might break other set of procedures that must be lence to become a civil war. out? There is great worry that it followed. General Abizaid before the Armed might. We should have that worry. But As a practical matter, what he is say- Services Committee on August 3: to force the Department of Defense to ing is reports such as this should come I believe the sectarian violence is probably decide when it has turned into a civil to the Senate quarterly and they as bad as I have seen it in Baghdad, and if war and give specific instructions in should tell us in advance what are they not stopped, it is possible Iraq could move case they do make that decision, and if going to do for the next quarter. In toward civil war. they don’t make the decision—of terms of military strategy and what we General Pace the same day: course, that is not what the Senator are doing over there, for those of us I do believe we have the possibility of de- from Massachusetts wants. He wants who have been there repeatedly, it is volving into civil war. the decision that there is a civil war, not possible to do that. Here we have Newsweek magazine, obviously, because that would force a I certainly believe Senator WARNER August 14: withdrawal. outlined the whole concept of civil war This is very much connected with the The Bush administration insists Iraq is a very clearly. You can call it a civil war long way from civil war but the contingency debate we just had about the amend- if you want, but the question is, when planning has already begun. . . . ment that was considered to be not in you put it into an amendment that de- order. Now, the Senator from Alaska says mands we have a report to assess a I urge the Senate to reject the Sen- let’s look at the most recent report finding by the Department, which it ator’s amendment. I move to table his from the Defense Department that we must make whether or not there is a amendment and ask for the yeas and received September 1. Let’s look at it. civil war going on, and then give it in- nays. Time is up, is it not, Mr. Presi- What does it say? structions based on how it makes that dent? decision, I think, is micromanaging the Concern about civil war within the Iraqi The PRESIDING OFFICER. The mo- civilian populations among defense analysts tion to table is not in order until all Defense Department. If there is one increased in recent months. Conditions that thing we should not do on an appro- could lead to civil war exist in Iraq. time has expired. The majority has 1 minute remaining, and the minority priations bill is try to micromanage And it continues: the Defense Department. has 30 seconds remaining. Conditions that could lead to civil war I urge the Senate not to support this Mr. STEVENS. The Senator from exist in Iraq, specifically in and around Massachusetts has 30 seconds. amendment. I do believe the reports we Baghdad. Concerns about civil war within are getting right now give us some Mr. KENNEDY. Mr. President, in the the Iraqi civilian populations increased in 30 seconds, refer to page 3 of my measurement of what is going on, and recent months. amendment. If there is not a civil war, on the basis of that let’s make judg- All we are asking for is a plan to pro- ments which we should make. For in- we are still asking for the strategy to tect our troops. What are the rules of protect American troops. If there is a stance, this bill measures progress to- engagement if there is a civil war? ward a democratic Iraq. civil war, the strategy ought to be how That is the issue. That is the question. are we going to protect the Armed It describes the obstacles toward po- That is the information they ought to Forces of the United States. This is a litical progress, and it gives us a com- have, the families ought to have, and plan about how to protect American parison of the situation in individual the American people ought to have. troops if there is a civil war, plain and Iraqi homes. That is what this amendment is all simple. It tells us about the black market in about. The White House is concerned about Iraq and how it might affect what we The White House evidently is con- it. Newspapers have published that are doing over there. cerned, according to news reports. Gen- they are concerned about it. We ought It discusses the al-Qaida influence in erals on the ground are concerned to be able to get it, and the members of Iraq and the recent developments in about it. The Defense Department’s the Armed Forces ought to be entitled the security environment. own report is concerned about it. All to that information. We missed too This is a very extensive report. Like we want to do is let Congress know and many opportunities in the past. Let’s a lot of reports, it comes to us quar- let us have the kind of planning that is not miss this one. terly, Mr. President, but not a lot of going to provide the greatest protec- The PRESIDING OFFICER. The Sen- people pay attention to it. We do. If tion for American troops on the ground ator’s time has expired. you look at our bill, we prepared, on should there be a civil war. Rules of en- Mr. STEVENS. I yield back my time. the basis of the last report, a continu- gagement—that is all this amendment I move to table the amendment and ation of the concept of what they does. And it does seem to me when we ask for the yeas and nays. should do in terms of improving these are talking about plans—we heard a The PRESIDING OFFICER. Is there a reports for the coming period. great deal of debate about policy sufficient second?

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.083 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9034 CONGRESSIONAL RECORD — SENATE September 6, 2006 There appears to be a sufficient sec- The Federal employees won it in 2004. tion’s competitive sourcing program. ond. The Army changed the bar, reissued With the continuing war on terror, the The question is on agreeing to the the solicitation, making up to 1,500 Army must have extra savings to meet motion. The clerk will call the roll. changes. After the Federal employees its daily needs. The private sector will The legislative clerk called the roll. won the contract in September 2004, be discouraged from bidding on future Mr. DURBIN. I announce that the the Army changed the solicitation. competitions if the Congress dem- Senator from Connecticut (Mr. Having spent $7 million, it will now onstrates an effort to reverse legiti- LIEBERMAN) and the Senator from New spend $5 million to implement it. The mate acquisition decisions. Jersey (Mr. MENENDEZ) are necessarily Army is about to spend $12 million to I urge all of my colleagues to oppose absent. save $7 million. Even by Army account- this amendment. I further announce that if present ing, that is a bad deal. I yield the floor. and voting, the Senator from New Jer- This process is flawed. It is unfair. It Mr. SARBANES. How much time re- sey (Mr. MENENDEZ) would vote ‘‘nay.’’ did not go by the rules. It does not save mains? The PRESIDING OFFICER (Mr. the taxpayers money. We urge the The PRESIDING OFFICER. There is THUNE). Are there any other Senators agreement of the Mikulski-Sarbanes 31⁄2 minutes remaining. in the Chamber desiring to vote? amendment. Mr. SARBANES. I yield myself a The result was announced—yeas 54, I reserve the remainder of my time. minute and a half. nays 44, as follows: The PRESIDING OFFICER. Who Mr. President, I listened very care- [Rollcall Vote No. 233 Leg.] yields time? fully to my able colleague from Wyo- YEAS—54 The Senator from Wyoming. ming. I don’t quarrel with a lot of what Mr. THOMAS. Mr. President, very Alexander DeWine McCain he says, but this process was abso- Allard Dole McConnell briefly, no one would argue there are lutely flawed. This was not a fair proc- Allen Domenici Murkowski activities which are inherently govern- ess. The rules were constantly being Bennett Ensign Pryor mental and should be performed by the changed. If we are going to have com- Bond Enzi Roberts Brownback Frist Santorum Government. However, the Government petitive sourcing, it ought to be done Bunning Graham Sessions should not engage in activities which according to the rules, with a respect Burns Grassley Shelby are already offered in the private sec- for the competitive bidding process. Burr Gregg Smith tor. Chambliss Hagel Specter That didn’t happen here. Coburn Hatch Stevens I am here today to share my opposi- This was put out for bid in June of Cochran Hutchison Sununu tion to the Mikulski amendment. If 2000. It is now September of 2006. Under Coleman Inhofe Talent agreed to, this amendment would roll current law, none of these competi- Collins Isakson Thomas Cornyn Kyl Thune back a completed public-private job tions can go on for more than 3 years. Craig Lott Vitter competition at Walter Reed Army Hos- In 2004, the Federal employees won this Crapo Lugar Voinovich pital. This job competition was won competition. And the Army came back DeMint Martinez Warner fair and square by the private sector and changed the solicitation and put in NAYS—44 because it proved to be more efficient new requirements for the bids. It is to- Akaka Durbin Mikulski and will save the taxpayers $32 million tally unfair, what is happening here. I Baucus Feingold Murray over the next 5 years. Furthermore, it respect the competitive bidding proc- Bayh Feinstein Nelson (FL) was subject to intense review and in- Biden Harkin ess, but there has to be some integrity Nelson (NE) vestigation by the Army and the GAO, Bingaman Inouye Obama to it. It has to have some decency to it. Boxer Jeffords Reed all upholding the Army decision to That is totally lacking in this situa- Byrd Johnson Reid move forward to award to the private tion. Cantwell Kennedy Rockefeller Carper Kerry sector. I urge my colleagues to support the Salazar Chafee Kohl Opponents are not happy with the Mikulski amendment. Sarbanes Clinton Landrieu Schumer outcome. They appealed and lost; they Mr. STEVENS. How much time re- Conrad Lautenberg appealed again and lost. Now they have mains? Dayton Leahy Snowe Dodd Levin Stabenow appealed the contract award to Con- The PRESIDING OFFICER. The Sen- Dorgan Lincoln Wyden gress by offering this amendment. Con- ator has 2 minutes. NOT VOTING—2 gress is not in the business of awarding The Senator from Alaska. contracts. This amendment is bad pol- Mr. STEVENS. Mr. President, I nor- Lieberman Menendez icy and bad precedent. mally would agree with the Senator The motion was agreed to. Competitive sourcing is not about from Maryland, but the comments that Mr. STEVENS. I move to reconsider outsourcing or offshoring. It is about were made are really not correct. the vote, and I move to lay that mo- competition. It is the useful tool that This has been reviewed by third- tion on the table. utilizes competition to allow Federal party entities, including the Govern- The motion to lay on the table was agencies to evaluate whether certain ment Accountability Office. We re- agreed to. functions shall be performed in the fu- ceived a final report on May 30, 2006. AMENDMENT NO. 4895 ture by Federal employees of the pri- The Department of Defense strongly Mr. STEVENS. Senator MIKULSKI has vate sector. We ought to continue to opposes the amendment. If the lan- an amendment. evaluate programs and activities and guage prevails, it will undermine the The PRESIDING OFFICER. There is whether the Federal Government competitive sourcing program. 10 minutes equally divided on the Mi- should be doing these kinds of things. They have learned a lot about using kulski amendment. This is essentially true if the Govern- A–76 on an enormous entity like the The Senator from Maryland. ment is involved in activities that are Walter Reed Hospital, but this amend- Ms. MIKULSKI. Mr. President, this is available to the private sector. ment would preclude the Army from the Mikulski-Sarbanes amendment. It It is my longstanding view that if a implementing a contract which has is very straightforward. It eliminates service is available to the private sec- been reviewed three times and has been funding for the Army to carry out the tor, there better be a darn good reason agreed to by the GAO. A–76 effort that eliminates close to 400 why the Government is doing it. In Ms. MIKULSKI. How much time do I jobs at Walter Reed, primarily little most cases, it simply is not right for have remaining? people, such as landscapers. Senator the Federal Government to be doing The PRESIDING OFFICER. The Sen- SARBANES and I objected to this con- things that could be done by Main ator from Maryland has 2 minutes. tracting out because the process was Street business. Ms. MIKULSKI. Let’s talk about tax- flawed, unfair, and does not save the But the Federal Government is en- payers, since this is supposed to inher- taxpayer any money. gaged in activity already offered in ently do something or other, saving Number 1, it started in the year 2000. small business. money to fight terrorism. It went on and cost $7 million to run If this language prevails, it will un- This started in 2000, as Senator SAR- the process. dermine a portion of the administra- BANES said. The Army spent $7 million

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.085 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9035 to defeat their own Federal employees. Jeffords Lincoln Rockefeller tured mentoring a younger teammate Johnson Mikulski Salazar They spent $7 million in 6 years. Boy, Kennedy Murray Sarbanes in a photo that hangs in his high school how about that? These are the little Kerry Nelson (FL) Schumer track coach’s office. Young people nat- people, the landscapers. Thank God Kohl Nelson (NE) Snowe urally gravitated to him, and Chris re- they had the AFGE behind them. Landrieu Obama Specter turned their enthusiasm with a smile Lautenberg Pryor Stabenow Then, after spending $7 million and Leahy Reed Talent one friend described as big as Texas changing the rules—and with the last Levin Reid Wyden itself. As a young man, Chris Sitton was an set of specs, they had 1,500 amend- NOT VOTING—2 ments; imagine if we had 1,500 amend- accomplished Eagle Scout. He was an Lieberman Menendez ments—what we now find is they are avid athlete, a musician and outdoors- going to have to spend another $5 mil- The motion was agreed to. man, enjoying his time hiking, skiing lion to implement the savings. So they Mr. STEVENS. Mr. President, I move and camping. But perhaps most nota- are going to spend $12 million when the to reconsider the vote and I move to ble, Chris Sitton left a mark on those original goal was to save $7 million. lay that motion on the table. around him as someone who was al- Come on. If we are fighting terrorism The motion to lay on the table was ways helping others, putting them be- and saving money, let’s leave Walter agreed to. fore himself. Reed alone. It is going to be closed in AMENDMENT NO. 4883, AS MODIFIED GEN Douglas MacArthur once re- a couple years because of BRAC. Let Mr. STEVENS. Mr. President, I have flected, ‘‘The soldier, above all other the landscapers do their job. Let the an amendment that we wish to adopt. people, prays for peace, for he must doctors and nurses do their job. Let’s As I understand it, the Allen-Durbin suffer and bear the deepest wounds and do our job and pass the Mikulski-Sar- amendment No. 4883 has been cleared scars.’’ Chris’ legacy as a son, friend banes amendment. as modified. I ask unanimous consent and mentor, his willingness to put oth- Mr. STEVENS. The delay in this that the amendment be agreed to. ers before himself, shows how fun- matter really came about—there is no The PRESIDING OFFICER. Without damentally he understood this calling question there is a serious delay—as it objection, the amendment is agreed to. to find a better tomorrow. Corporal was reviewed and upheld on two occa- The amendment (No. 4883), as modi- Sitton sought to make the world a bet- sions. These are third-party entities fied, was agreed to. ter place in his every action, to bring us to a better understanding of the ties that did the review, including the GAO. f We should not upset a process that has that bind humanity together. taken so long and is finalized now. MORNING BUSINESS To Corporal Sitton’s parents, Judy and Steve Sitton, I know that no words I yield back the remainder of my Mr. STEVENS. Mr. President, I ask can ease the grief you feel at the loss of time and move to table the Senator’s unanimous consent that there be a pe- your son. I and this entire Nation amendment. I ask for the yeas and riod for morning business with Sen- share, in some small way, your painful nays. ators permitted to speak therein for up sorrow. Corporal Christopher Sitton The PRESIDING OFFICER. Is there a to 10 minutes each. and his entire family will reside in my sufficient second? There is a sufficient The PRESIDING OFFICER. Without prayers tonight and remain in my second. objection, it is so ordered. thoughts. The question is on agreeing to the f MARINE CORPORAL JORDAN C. PIERSON motion. The clerk will call the roll. Mr. LIEBERMAN. Mr. President, I The assistant legislative clerk called HONORING OUR ARMED FORCES rise today to pay tribute to Marine Cpl the roll. ARMY CORPORAL CHRISTOPHER SITTON Jordan C. Pierson of Milford, CT. Mr. DURBIN. I announce that the Mr. SALAZAR. Mr. President, I wish Corporal Pierson, a member of Char- Senator from Connecticut (Mr. to speak for a moment to honor the lie Company, 1st Battalion, 25th Ma- LIEBERMAN) and the Senator from New memory of a fallen Coloradan: Army rine Regiment, 4th Marine Division 2nd Jersey (Mr. MENENDEZ) are necessarily Cpl Christopher Franklin Sitton of Reconnaissance Battalion, was killed absent. Montrose. in action on August 24 while con- I further announce that, if present Corporal Sitton was a medic with the ducting combat operations against and voting, the Senator from New Jer- 10th Mountain Division, serving in Af- anti-Iraqi forces in Al Anbar Province. sey (Mr. MENENDEZ) would vote ‘‘nay’’. ghanistan since March. He had just He was shot while on foot patrol. He The PRESIDING OFFICER. Are there turned 21 and graduated from Montrose had been previously awarded the Pur- any other Senators in the Chamber de- High School just 3 years ago. Now, in- ple Heart for wounds to his arms and siring to vote? stead of having his whole life ahead of legs by shrapnel from an insurgent’s The result was announced—yeas 50, him, he has been taken from his grenade 3 months prior. nays 48, as follows: friends, family and country by a road- Having delayed his education at the [Rollcall Vote No. 234 Leg.] side bomb in Kunar, in eastern Afghan- University of Connecticut, Corporal YEAS—50 istan. Pierson joined the Marine Corps in De- Chris Sitton was looking forward to a Alexander DeWine Martinez cember 2003. It seems to be apparent by Allard Dole McCain medical career. His interest in medi- the many recollections of his friends Allen Domenici McConnell cine reached back to his childhood, and family that Jordan had already Bennett Ensign Murkowski where as a young man in Quinlan, TX proven himself a leader. They recount Bond Enzi Roberts he would accompany his father, a vol- many of the high-spirited exploits that Brownback Frist Santorum Bunning Graham Sessions unteer with a rescue group, on emer- he both engineered and led. However, Burns Grassley Shelby gency calls. his wily deeds quickly gave way to an Burr Gregg Smith Corporal Sitton’s time in the Army Chambliss Hagel outstanding performance as a marine Stevens Coburn Hatch was marked by excellence, not unlike devoted to his comrades and mission. Sununu Cochran Hutchison his time in high school. Secialist He is fondly remembered as a bril- Thomas Coleman Inhofe Sitton entered the Army nearly 3 years liant light and strong leader with Cornyn Isakson Thune Craig Kyl Vitter ago, in January 2004. In his service, strength of character and self assur- Crapo Lott Voinovich Specialist Sitton received three com- ance, persistently watching out for his DeMint Lugar Warner mander’s coins, recognizing his exem- fellow marines. He is described best by NAYS—48 plary performance in the Army. One his first sergeant: ‘‘Corporal Pierson Akaka Cantwell Dodd was personally handed to him by a had been a bright spot in his platoon, Baucus Carper Dorgan four-star general. in a place, that can take the softest of Bayh Chafee Durbin This achievement is remarkable to hearts into a void of darkness. Even Biden Clinton Feingold many but not to those who knew Chris- when the gloom of combat reached Bingaman Collins Feinstein Boxer Conrad Harkin topher Sitton. Chris was a natural deep in a man’s soul, Corporal Pierson Byrd Dayton Inouye leader. A standout track star, he is pic- could bring the Marine back to a sense

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.087 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9036 CONGRESSIONAL RECORD — SENATE September 6, 2006 of purpose, a sense of why we were American consumers $8.2 billion in un- other psychiatrists refused to see. here, and that we were making a dif- recoverable losses from increased cable These are the patients who are most ference. Corporal Pierson was destined rates. This is unacceptable. likely to commit horrific crimes when not to only be a Marine, but a leader Furthermore, according to the same they do not take necessary medication. among Marines. He fostered a sense of report, this means that Florida con- Just last week, I participated in a caring for Marines while still embody- sumers are losing $626 million each panel discussion regarding whether the ing all it meant to be a Marine.’’ year. That is a significant amount of State of New Mexico should enact an Corporal Jordan Pierson was a true money coming out of the pockets of my assisted outpatient treatment, AOT, patriot and defender of our great Na- fellow Floridians. We have the power to program that requires a court ordered tion’s principles of freedom of justice. change this. Consumers in every State treatment for those who are severely He served as an example of the potent will continue to lose money if we do mentally ill. It is time we focus on this American spirit, which permeates this not act now. issue at a State and national level. Dr. Nation’s history. I am both proud and This issue is too important for us to Fenton’s death should not be in vain; grateful that we have the kind of de- ignore. We all know and understand we cannot continue along a path that fender exemplified by Corporal Pierson that technology is changing each and not only does not help the suffering, serving our great Nation. every day—and yet our Nation’s but continues to hurt the community. Our Nation extends its heartfelt con- telecom laws have not been updated in This is a challenging topic to take on dolences to his family. To his father 10 years. and a hard discussion to have but we Eric, his mother Beverly, and brother The United States is the world leader must start addressing the link between Ethan, we extend our profound grati- in creating new and innovative tech- untreated mental illness and violence tude for sharing this outstanding ma- nologies and we are at the forefront of or we run the risk of seeing more hor- rine with us, and we offer our prayers bringing these new technologies to the rific deaths. and support. marketplace. Sadly though, when it Outside of his work and private prac- f comes to broadband deployment, the tice, Dr. Fenton worked with many U.S. currently ranks 16th in the world. groups including the National Alliance COMMUNICATIONS ACT OF 2006 We need to act today to update our of the Mentally Ill, the American Psy- Mr. MARTINEZ. Mr. President, I Nation’s telecom laws and bring more chiatric Association, and the World would like to bring to the attention of choice and competition to the market- Psychiatric Association. He served as my colleagues a bill that could have a place. Our economy needs it and con- Deputy Editor of Schizophrenia Bul- significant impact on the family budg- sumers are demanding it. letin and as a consultant to the De- ets of millions of American households. I know the Senate Calendar is packed partment of Justice, Civil Rights Divi- H.R. 5252, the Communications Act of with important legislation which we sion. On numerous occasions he was 2006, passed by the Senate Commerce must complete prior to adjourning. But nominated as one of the Best Doctors Committee in June is that bill. the video choice legislation will affect in America. He was a leader in the field H.R. 5252 is an important piece of every single household in America. It of mental health research, particularly proconsumer legislation. It reforms the will bring competition to the video relating to the study of schizophrenia. cable franchising process to permit programming marketplace, and bring Dr. Fenton authored many textbook competition to incumbent cable com- the benefits of competition to all of our chapters and more than fifty scientific panies. The result will be competition constituents, whether or not they sub- papers on diagnosing, treatment, and in the delivery of cable television serv- scribe to cable. mental health service methods for indi- ices to all our constituents. I urge my colleagues to support the viduals who suffer from schizophrenia. While prices for Internet access and efforts of Senator STEVENS to bring His central goal was to create a treat- wireless service continue to fall, cable this legislation before us. ment system to allow even those suf- bills continue to climb and climb—in As far as this legislation is con- fering from the most severe mental ill- fact, according to the Federal Commu- cerned, time is money. Change is long ness to become functioning members of nications Commission, those bills have overdue, and we are eager to help our society. shot up more than 86 percent over the fellow Americans keep more of their Dr. Fenton’s death truly is a great past decade. Millions of Americans hard earned money. loss to the mental health community. have no choice when it comes to their We in this Chamber have a responsi- In the words of Dr. Thomas Insel, Di- video provider. bility to get this legislation passed rector of NIMH, ‘‘It is difficult to grasp H.R. 5252 will change that by bring- sooner, rather than later, so that our such a tragic, shocking loss; a loss not ing real competition and giving con- constituents can start saving more only for his many friends and family sumers the ability to choose who pro- today, not tomorrow. but for people with serious mental ill- vides their video programming. This is f ness everywhere.’’ As advocates for something consumers want and de- people with mental illness, and mental TRIBUTE TO WAYNE S. FENTON, serve. Competition brings lower prices health policy, my wife Nancy and I had M.D. and consumers win. Competition brings the pleasure to work with him over the improved customer service—and con- Mr. DOMENICI. Mr. President, I rise years. I am extremely saddened by his sumers win. Competition results in today to pay tribute to Wayne S. Fen- tragic death. I want to extend my service providers seeking to serve nar- ton, M.D., Director of the Division of thoughts and prayers to his family, rower segments of the marketplace— Adult Translational Research and As- friends, and coworkers at this time. It and consumers win. sociate Director for Clinical Affairs at is my hope they remember the great It is not an exaggeration to say that the National Institute of Mental impact he made during his time with the enactment of this legislation will Health who was tragically murdered on us. I express my deepest sympathy to save consumers billions of dollars a September 3, 2006. them. year. In the few markets where video Dr. Fenton was a man truly pas- f providers have successfully negotiated sionate about working with the most franchise agreements—for instance, in severe mentally ill population. He was NOMINATION OF JAMES O’GARA parts of Florida, Texas and Virginia— a compassionate and tireless advocate Mr. BIDEN. Mr. President, prior to consumers have benefited greatly. for people with mental illness and the the August recess, the Senate sent the According to a recent Bank of Amer- families so desperately trying to help nomination of James O’Gara to be the ica study, in those aforementioned them. He went above and beyond the Deputy Director for Supply Reduction areas, cable bills have fallen by 28 to 42 call of duty and continued a private at the Office of National Drug Control percent—a savings of as much as $264 practice outside of his work at the Na- Policy back to the White House for re- per year for cable customers. tional Institute of Mental Health. In consideration. Mr. O’Gara’s nomina- And a recent Phoenix Center report his private practice, Dr. Fenton readily tion was strongly opposed by Senators estimates that each year Congress treated patients with the most severe on both sides of the aisle, which pre- delays cable franchise reform, it costs mental illnesses, very often ones that vented it even from being reported out

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.020 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9037 of the Judiciary Committee. Unfortu- mestic drug intelligence, and interdic- dedicated service empowering people nately, the White House has returned tion, does not have the confidence of with disabilities in Fresno, Kings, Mr. O’Gara’s nomination for confirma- law enforcement. Madera, and Merced counties. Since tion. As such, I am using this oppor- In letters to Senator SPECTER and opening their doors in 1976, this organi- tunity to, again, remind the President Senator LEAHY expressing their strong zation has made significant contribu- of the objections that law enforcement opposition to the O’Gara nomination, tions to the lives of the Central Val- and many Members of this body have law enforcement has expressed its ley’s disabled community and their to the policies and the leadership at strong opposition. The National Nar- family members. the Office of National Drug Control cotics Officers Association wrote that: For the past three decades, the Cen- Policy. In so doing, it is my hope that Mr. O’Gara lacks an operational under- ter for Independent Living—Fresno has the administration will change course standing of a critical issue involved in sup- been a respected leader in advocating and develop and implement strategies ply reduction, has no operational back- for people with disabilities to live inde- that will address the drug problems ground in supply reduction or drug control, pendent lives. They strongly uphold facing our communities, such as the and most importantly is not trusted by his the principle that everyone should be spread of methamphetamine. constituents in the drug enforcement, pre- afforded the opportunity to thrive and More than 20 years ago I began work- vention and treatment fields. All of this makes him unqualified and unable to effec- live independently in their own com- ing to create an Office of National tively lead the coordination of supply reduc- munities. The dedicated staff of the Drug Control Policy because I believed tion initiatives in accordance with the Na- Center of Independent Living—Fresno then, as I believe now, that we needed tional Drug Control Strategy. work tirelessly to ensure that those a Cabinet-level official who would co- The letter from the HIDTA Directors who are in need of their support are ordinate Federal drug policy and be states that: treated with the respect and dignity publicly accountable for developing Based on our collective 1,000+ years of law that all people deserve. Through the and implementing an effective national enforcement experience, we believe Mr. center, thousands of people have strategy. I believe the Office of Na- O’Gara lacks the qualifications and abilities learned invaluable tools to help them tional Drug Control Policy is an impor- necessary to coordinate our nation’s supply become self-advocates and lead produc- tant office, and I take matters related reduction initiatives effectively. We believe tive lives. to it very seriously. his lack of experience and inability and/or I congratulate the Center for Inde- When our current drug czar, John unwillingness to collaborate with a variety pendent Living—Fresno on its 30th an- Walters, came for a vote before this of stakeholders has resulted in the formula- niversary and wish its staff and sup- body in 2001, I opposed his nomination tion of three National Drug Control Strategy porters even greater success as they documents that do not provide adequate because I did not believe he was the guidance to law enforcement, treatment, and continue to provide important services right man for the job. prevention professionals; lack specific and to people with disabilities. You are not Unfortunately, my fears have been measurable objectives; and insufficiently ad- only a tremendous asset for your cli- borne out. During his tenure, John dress some of the most pressing drug threats ents, but you perform a great service Walters has been reticent to acknowl- facing our country today, including meth- for the Central Valley community.∑ amphetamine. edge the methamphetamine problem f that is plaguing small communities na- By returning this nomination, it is RESTORATION OF THE COLONIAL tionwide, preferring to focus almost ex- my hope—together with many of my THEATER IN PITTSFIELD, MA clusively on marijuana. He rec- Republican colleagues—that the ad- ommended to the President that the ministration will reconsider and re- ∑ Mr. KENNEDY. Mr. President, last highly popular and highly effective scind this nomination. week, an excellent article in the New High Intensity Drug Trafficking Area State and local law enforcement ac- York Times of August 29 detailed the Program, which funds drug enforce- counts for more than 90% of drug-re- renaissance of Pittsfield, MA, which ment task forces, be cut by 56 percent lated arrests. During a time when as- has adopted a bold economic revitaliza- and relegated to the Department of sistance for State and local law en- tion strategy centered on the arts and Justice. And under his leadership, the forcement has been slashed, it is essen- historic preservation involving the res- Office of National Drug Control Policy tial that the leadership of the Office of toration of the popular Colonial The- has essentially walled itself off from National Drug Control Policy have the ater of a century ago. Pittsfield mayor consultation and dialogue with exter- confidence of local officials. Mr. O’Gara James Ruberto and the entire Pitts- nal drug policy experts including treat- lacks this support. Moreover, Mr. Wal- field community came together behind ment professionals, prevention special- ters and Mr. O’Gara have alienated this bold vision, which received major ists, and State and local law enforce- State and local law enforcement, drug encouragement a decade ago when the ment officials. prevention and treatment profes- theater was included as part of First Those are just a few of the many ex- sionals, as well as many members of Lady and now Senator HILLARY amples of Mr. Walters’ missteps. Under Congress. RODHAM CLINTON’s highly effective him, the office operates like an ivory As the scourge of methamphetamine Save America’s Treasures tour. tower rather than the command center continues to ravage middle America, it The Colonial Theater certainly quali- for our national drug control policy. is essential that the policies adopted fied as an American Treasure. The re- This past year, together with many and the personnel appointed by the ad- stored theater reopened on August 29 of my Republican colleagues, I fought ministration have the confidence of the to wide acclaim, and I am proud of all to prevent James O’Gara—a colleague drug enforcement community. Presi- that the mayor and the community of Mr. Walters since 1989—from becom- dent Bush could take a huge step in have accomplished. This recognition of ing the Deputy Director for Supply Re- this direction by rescinding the nomi- their efforts is eminently well-de- duction. Together, they have coau- nation of Mr. O’Gara and consulting served, and I believe all of our col- thored policy articles expressing their with local law enforcement to appoint leagues in Congress will be interested shared drug policy views. Given the an individual who could win the bipar- in Pittsfield’s extraordinary achieve- misgivings that many of us have about tisan support of the Senate. ment. I commend Mayor Ruberto and how Mr. Walters has run the Office of the people of Pittsfield for a job well f National Drug Control Policy, I would done, and I ask that the article be likely have a difficult time voting to ADDITIONAL STATEMENTS printed in the RECORD. give a promotion to any member of his The article follows. inner circle. But that is not the only [From The New York Times, Aug. 29, 2006] reason why many of us opposed Mr. RECOGNIZING THE CENTER FOR INDEPENDENT LIVING—FRESNO A CITY PLOTS ITS FUTURE BY REACHING INTO O’Gara’s nomination. THE PAST Perhaps most troubling is that Mr. ∑ Mrs. BOXER. Mr. President, I ask my (By Hubert B. Herring) O’Gara, who was nominated for a posi- colleagues to join me in recognizing Arts-minded visitors to the Berkshire Hills tion which has authority over inter- and congratulating the Center for Inde- in western Massachusetts may think of national drug control, foreign and do- pendent Living—Fresno for 30 years of Pittsfield as little more than an urban speed

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.033 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9038 CONGRESSIONAL RECORD — SENATE September 6, 2006 bump on the way to Stockbridge, if it is to pay half its annual expenses from program that played popular American Williamstown and the glories of Tanglewood ticket sales. music and then worked with the radio and Jacob’s Pillow. ‘‘Ideally,’’ he said, ‘‘I’d like to see us cover station to improve its marketing strat- But the city is betting that, with the help more like 65 percent’’—with the rest coming egy. Matthew also sought to involve of a long-neglected jewel of a theater, it too from annual donations. can make a place for itself on the region’s He said he hoped that within a few years, himself with the village community by arts map. After a two-year, $22 million res- the theater, now reconfigured to seat 810, playing in a local soccer league and toration, the century-old Colonial Theater would be active 200 nights a year, with helping to distribute donations of will reopen tonight for a year-round season events that appeal to all tastes and budgets. sports equipment. that kicks off with a week’s visit by a tour- This season’s offerings include low-priced What I think was truly remarkable ing company of ‘‘Rent.’’ After that, there are fare like Cirkus Inferno and the Inflatable about Matthew is that after graduating more than 40 other events scheduled for the Theater Company. from Tulane University in 2003, a time rest of the year. The theater will have to rely in part on For years, few outsiders were aware of out-of-town audiences. The city’s population, in which there must have been unlim- what lay behind the neo-Classical yellow- roughly 57,000 in 1960, fell steadily after Gen- ited opportunities open for Matthew to brick facade on the Route 7 commercial eral Electric, which once employed more pursue, he chose to delay any future strip. But inside was a grand Broadway-style than 10,000 workers here, gradually shut career plans to help others and broaden theater, a Gilded Age monument designed by down most of its operations, paring the his cultural understanding. Matthew J.B. McElfatrick, who designed dozens of workforce to less than 1,000. The population volunteered to travel many miles from New York theaters, including the Theater is now 43,000 and is projected to fall consider- home and, if necessary, to give up Republic (now the New Victory) on 42nd ably further in the next two decades. many of the modern conveniences we Street. The city is betting that, if it can transform From its opening in 1903 to the early 30s, itself into an arts center, it can reverse that often take for granted. Matthew liked the house, which seated about 1,400, was a slide. It took a first step in that direction it so much, that in 2005 he extended his regular stop for the likes of Sarah Bern- when the highly regarded Barrington Stage service. Matthew’s sacrifice and dedi- hardt, the Barrymores, Rachmaninoff, Will Company moved into a renovated 1912 music cation is truly inspiring. Rogers and John Philip Sousa. Anna Pavlova hall in downtown Pittsfield this month after The passing of Matthew Costa is danced by, as did the Ziegfeld Follies (100 working for years out of a high school audi- truly a loss for the Peace Corps, for the strong). torium in Sheffield, in the southwest corner people of Mali, and for Connecticut. In 1937, the Colonial was converted into a of the state. The company plans spring, sum- May his selfless devotion to helping movie palace, but by 1952 it had gone dark. It mer and fall productions. was saved from demolition only because a Mr. Bissell of the credit union argues that others live on in the hearts and minds local businessman, George Miller, bought it people will come, not only to visit but also of those who knew him best and were and housed his paint business inside. to live. He cites the rise of the local real es- served by his good works.∑ The idea of transforming the city into a tate market since the Colonial restoration f cultural center received a boost in 1998, when project was announced. Hillary Rodham Clinton, then the first lady, ‘‘When new businesses come to town,’’ he MESSAGE FROM THE PRESIDENT visited the Colonial as part of a ‘‘Save Amer- added, ‘‘every single one cites the rebirth of A message from the President of the ica’s Treasures’’ tour. the Colonial as a primary reason why they ‘‘Her visit said, ‘You have a national treas- chose this location.’’ United States was communicated to ure—it’s worth fighting for,’’’ said John Such optimism is not universal. Jonathan the Senate by Mr. Williams, one of his Bissell, a senior vice president at the Grey- Levine, publisher of The Pittsfield Gazette, secretaries. lock Federal Credit Union and a prominent said that while he was ‘‘thrilled to have a f figure in the move to revitalize Pittsfield. renovated theater,’’ he questioned the busi- In 2002, the city commissioned a study on ness projections behind it. EXECUTIVE MESSAGE REFERRED the potential economic benefits of restoring ‘‘They’ve made all these economic develop- the theater. The study, led by Stephen As in executive session the Presiding ment promises,’’ Mr. Levine said, ‘‘and there Officer laid before the Senate a mes- Sheppard, an economics professor at Wil- is no way, with their current programming, liams College, forecast $2 million a year in they can achieve those goals.’’ sage from the President of the United direct economic benefits to Pittsfield and an But the Colonial can boast of something States submitting a nomination which increase in local property values of at least that half of every Broadway audience can was referred to the Committee on Fi- $23 million. only dream about. The theater bought an nance. That study ‘‘quantified what we felt in- abutting property that will house, in addi- (The nomination received today is stinctively, that the theater would indeed tion to the main entrance, a gigantic ladies’ printed at the end of the Senate pro- make economic sense,’’ said James M. room.∑ Ruberto, Pittsfield’s mayor and a major ceedings.) f force behind the renovation. f After Mrs. Clinton’s visit and the study, of IN MEMORY OF MATTHEW S. DRAFT OF PROPOSED LEGISLA- course, came the fund-raising. Ultimately, COSTA some $7 million came from donations, the TION ENTITLED ‘‘MILITARY COM- rest from city, state and federal grants and ∑ Mr. LIEBERMAN. Mr. President, I MISSIONS ACT OF 2006’’—PM 55 rise today in memory of Matthew S. tax credits. The PRESIDING OFFICER laid be- ‘‘I have been amazed at the amount of Costa, an outstanding young man from fore the Senate the following message money given to the Colonial,’’ said Gary Cheshire, CT who died tragically on from the President of the United Scarafoni, a retired banker who is now the September 3. I am very saddened to States, together with an accompanying theater’s president. hear of Matthew’s death and will be The theater itself was a shambles, said report; which was referred to the Com- keeping his friends and family in my Tom Johnson of Martinez & Johnson, the mittee on Armed Services: Washington architects responsible for the thoughts and prayers during this dif- restoration. In the half-darkness of the bal- ficult time. To the Congress of the United States: cony, ‘‘you could see the plaster detailing,’’ At the time of his death Matthew I transmit for the consideration of big pieces of which were starting to fall. was serving in Mali as a volunteer for the Congress draft legislation entitled Now, the curves and curlicues of the inte- the U.S. Peace Corps. Matthew enrolled the ‘‘Military Commissions Act of rior ornamentation—which Mr. Johnson de- in the Peace Corps in 2003 and had been 2006.’’ This draft legislation responds to scribes as eclectic neo-Classical—have been serving in the Malian village of Kati the Supreme Court of the United restored to their original glory. But the renovation remains a gamble. since November 2005, after teaching States decision in Hamdan v. Rums- David W. Fleming, recently hired as the the- English in Chad for 2 years. feld, 126 S. Ct. 2749 (2006), by estab- ater’s executive director, said that the Colo- While in Kati, Matthew helped foster lishing for the first time in our Na- nial would have an annual overhead of at one of the Peace Corps core missions, tion’s history a comprehensive statu- least $750,000 and expected artists’ fees, mar- fostering cultural exchange, by fully tory structure for military commis- keting and stagehand costs collectively to immersing himself in the local commu- sions that would allow for the fair and fall in the same range. nity. He taught English to local high effective prosecution of captured mem- That means, said Mr. Fleming, who pre- viously ran the Grand Opera House in Wil- school students and organized training bers of al Qaeda and other unlawful mington, Del., and the New Brunswick Cul- for other teachers in the community. enemy combatants. The Act also ad- tural Center in New Jersey, that the theater He was also widely known in the com- dresses the Supreme Court’s holding will need to fill about 60 percent of its seats munity as the host of a popular radio that Common Article 3 of the Geneva

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.038 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9039 Conventions applies to the conflict (MS–016–FOR) received on September 5, 2006; Stamp (Duck Stamp) Contest Regulations’’ with al Qaeda by providing definitions to the Committee on Energy and Natural Re- (RIN1018–AU56) received on September 5, rooted in United States law for the sources. 2006; to the Committee on Energy and Nat- EC–8060. A communication from the Acting ural Resources. standards of conduct prescribed by Director, Office of Surface Mining, Depart- EC–8070. A communication from the Assist- Common Article 3. ment of the Interior, transmitting, pursuant ant Secretary for Land and Minerals Man- The military commission procedures to law, the report of a rule entitled ‘‘Topsoil agement, Minerals Management Service, De- contained in this draft legislation re- Redistribution and Revegetation Success partment of the Interior, transmitting, pur- flect the result of an extended delibera- Standards’’ (RIN1029–AC02) received on Sep- suant to law, the report of a rule entitled tion both within the executive branch tember 5, 2006; to the Committee on Energy ‘‘Service of Official Correspondence’’ and between representatives of my Ad- and Natural Resources. (RIN1010–AD22) received on September 5, ministration and Members of Congress. EC–8061. A communication from the Acting 2006; to the Committee on Energy and Nat- Director, Office of Surface Mining, Depart- ural Resources. The draft legislation would establish a ment of the Interior, transmitting, pursuant EC–8071. A communication from the Chair- Code of Military Commissions that to law, the report of a rule entitled ‘‘Wyo- man, Nuclear Regulatory Commission, trans- tracks the courts-martial procedures of ming Regulatory Program’’ (WY–034–FOR) mitting, pursuant to law, the Commission’s the Uniform Code of Military Justice, received on September 5, 2006; to the Com- quarterly report on the status of its licens- but that departs from those procedures mittee on Energy and Natural Resources. ing and regulatory duties; to the Committee where they would be impracticable or EC–8062. A communication from the Acting on Energy and Natural Resources. inappropriate for the trial of unlawful Director, Office of Surface Mining, Depart- EC–8072. A communication from the Spe- ment of the Interior, transmitting, pursuant cial Assistant to the Secretary, White House enemy combatants captured in the to law, the report of a rule entitled ‘‘West Liaison, Department of Veterans Affairs, midst of an ongoing armed conflict, Virginia Regulatory Program’’ (WV–109– transmitting, pursuant to law, the report of under circumstances far different from FOR) received on September 5, 2006; to the a vacancy in the position of Under Secretary those typically encountered by mili- Committee on Energy and Natural Re- for Health, received on August 24, 2006; to the tary prosecutors. sources. Committee on Veterans’ Affairs. Five years after the mass murders of EC–8063. A communication from the Assist- EC–8073. A communication from the Assist- 9/11, it is time for the United States to ant Secretary for Fish and Wildlife and ant to the Secretary for Regulations Policy Parks, Fish and Wildlife Services, Depart- and Management, Veterans Benefits Admin- begin to prosecute captured al Qaeda ment of the Interior, transmitting, pursuant istration, Department of Veterans Affairs, members for the serious crimes that to law, the report of a rule entitled ‘‘Endan- transmitting, pursuant to law, the report of many of them have committed against gered and Threatened Wildlife and Plants; a rule entitled ‘‘Veterans Benefits Act of 2003 United States citizens and our allies Special Rule for the Southwest Alaska Dis- and Veterans Benefits Improvement Act of abroad. As we provide terrorists the tinct Population Segment of the Northern 2004’’ (RIN2900–AM27) received on September justice and due process that they de- Sea Otter’’ (RIN1018–AU21) received on Sep- 5, 2006; to the Committee on Veterans’ Af- nied their victims, we demonstrate tember 5, 2006; to the Committee on Energy fairs. that our Nation remains committed to and Natural Resources. EC–8074. A communication from the Chief EC–8064. A communication from the Assist- of Regulations Management, Veterans Bene- the rule of law. ant Secretary for Fish and Wildlife and fits Administration, Department of Veterans I ask that the Congress carefully con- Parks, Fish and Wildlife Services, Depart- Affairs, transmitting, pursuant to law, the sider this legislation and respectfully ment of the Interior, transmitting, pursuant report of a rule entitled ‘‘Definition of Psy- urge its speedy passage for enactment to law, the report of a rule entitled ‘‘Endan- chosis for Certain VA Purposes’’ (RIN2900– into law. gered and Threatened Wildlife and Plants; AK21) received on September 5, 2006; to the GEORGE W. BUSH. Reclassification of the Gila Trout Committee on Veterans Affairs. THE WHITE HOUSE, September 6, 2006. (Onchorhynchus gilae) From Endangered to EC–8075. A communication from the Spe- Threatened; Special Rule for Gila Trout in cial Assistant to the Secretary, White House f New Mexico and Arizona’’ (RIN1018–AH57) re- Liaison, Department of Veterans Affairs, MEASURES READ THE FIRST TIME ceived on September 5, 2006; to the Com- transmitting, pursuant to law, the report of mittee on Energy and Natural Resources. a vacancy in the position of Assistant Sec- The following bill was read the first EC–8065. A communication from the Assist- retary for Policy and Planning, received on time: ant Secretary for Fish and Wildlife and September 5, 2006; to the Committee on Vet- S. 3861. A bill to facilitate bringing to jus- Parks, Fish and Wildlife Services, Depart- erans’ Affairs. tice terrorists and other unlawful enemy ment of the Interior, transmitting, pursuant EC–8076. A communication from the Prin- combatants through full and fair trials by to law, the report of a rule entitled ‘‘Endan- cipal Deputy Associate Administrator, Office military commissions, and for other pur- gered and Threatened Wildlife and Plants; of Policy, Economics, and Innovation, Envi- poses. Establishment of a Nonessential Experi- ronmental Protection Agency, transmitting, mental Population of Northern Aplomado pursuant to law, the report of a rule entitled f Falcons in New Mexico and Arizona’’ ‘‘Approval and Promulgation of Air Quality EXECUTIVE AND OTHER (RIN1018–AI80) received on September 5, 2006; Implementation Plans; Michigan; Revised to the Committee on Energy and Natural Re- Format of 40 CFR Part 52 for Materials COMMUNICATIONS sources. Being Incorporated by Reference’’ (FRL 8214– The following communications were EC–8066. A communication from the Acting 1) received on September 6, 2006; to the Com- laid before the Senate, together with Assistant Secretary for Fish and Wildlife and mittee on Environment and Public Works. accompanying papers, reports, and doc- Parks, Department of the Interior, transmit- EC–8077. A communication from the Prin- cipal Deputy Associate Administrator, Office uments, and were referred as indicated: ting a draft of a bill entitled ‘‘Buffalo Sol- diers in the National Parks Study Act’’; to of Policy, Economics, and Innovation, Envi- EC–8057. A communication from the Attor- the Committee on Energy and Natural Re- ronmental Protection Agency, transmitting, ney, Office of Assistant General Counsel for sources. pursuant to law, the report of a rule entitled Legislation and Regulatory Law, Depart- EC–8067. A communication from the Sec- ‘‘Reportable Quantity Adjustment for ment of Energy, transmitting, pursuant to retary of Energy, transmitting, pursuant to Isophorone Diisocyanate’’ ((RIN2050– law, the report of a rule entitled ‘‘Supple- law, a report relative to the status of Exxon A632)(FRL 8217–4)) received on September 6, mental Standards of Ethical Conduct for and Stripper Well oil overcharge funds as of 2006; to the Committee on Environment and Employees of the Department of Energy and September 30, 2005; to the Committee on En- Public Works. Residual Department Standards Regulation’’ ergy and Natural Resources. EC–8078. A communication from the Prin- ((RIN1990–AA19)(RIN3209–AA15)) received on EC–8068. A communication from the Sec- cipal Deputy Associate Administrator, Office August 18, 2006; to the Committee on Energy retary of the Interior, transmitting, pursu- of Policy, Economics, and Innovation, Envi- and Natural Resources . ant to law, the report of a rule entitled ronmental Protection Agency, transmitting, EC–8058. A communication from the Sec- ‘‘Subsistence Management Regulations for pursuant to law, the report of a rule entitled retary of Energy, transmitting, pursuant to Public Lands in Alaska, Subpart A; ‘‘TSCA Inventory Update Reporting Rule; law, a report relative to plutonium storage Makhnati Island Area’’ (RIN1018–AU70) re- Electronic Reporting’’ (FRL 7752–8) received at the Department of Energy’s Savannah ceived on September 5, 2006; to the Com- on September 6, 2006; to the Committee on River Site; to the Committee on Energy and mittee on Energy and Natural Resources. Environment and Public Works. Natural Resources. EC–8069. A communication from the Chief, EC–8079. A communication from the Prin- EC–8059. A communication from the Acting Policy and Directives Management Division, cipal Deputy Associate Administrator, Office Director, Office of Surface Mining, Depart- Fish and Wildlife Service, Department of the of Policy, Economics, and Innovation, Envi- ment of the Interior, transmitting, pursuant Interior, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, to law, the report of a rule entitled ‘‘State report of a rule entitled ‘‘Revision of Federal pursuant to law, the report of a rule entitled Abandoned Mine Land Reclamation Plan’’ Migratory Bird Hunting and Conservation ‘‘Approval and Promulgation of Air Quality

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.042 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9040 CONGRESSIONAL RECORD — SENATE September 6, 2006 Implementation Plans; Montana; Revisions of Policy, Economics, and Innovation, Envi- the public interest by fostering account- to the Administrative Rules of Montana’’ ronmental Protection Agency, transmitting, ability, transparency, and competition in the (FRL 8202–1) received on September 5, 2006; pursuant to law, the report of a rule entitled credit rating agency industry (Rept. No. 109– to the Committee on Environment and Pub- ‘‘Approval and Promulgation of State Imple- 326). lic Works. mentation Plans; Texas; Discrete Emission By Mr. STEVENS, from the Committee on EC–8080. A communication from the Prin- Credit Banking and Trading Program’’ (FRL Commerce, Science, and Transportation, cipal Deputy Associate Administrator, Office 8216-5) received on September 5, 2006; to the without amendment: of Policy, Economics, and Innovation, Envi- Committee on Environment and Public S. 3852. An original bill to enhance certain ronmental Protection Agency, transmitting, Works. maritime programs of the Department of pursuant to law, the report of a rule entitled EC-8089. A communication from the Prin- Transportation, and for other purposes ‘‘Approval and Promulgation of Air Quality cipal Deputy Associate Administrator, Office (Rept. No. 109–327). Implementation Plans; State of Iowa’’ (FRL of Policy, Economics, and Innovation, Envi- By Mr. CRAIG, from the Committee on 8213–9) received on September 5, 2006; to the ronmental Protection Agency, transmitting, Veterans’ Affairs, with amendments: Committee on Environment and Public pursuant to law, the report of a rule entitled S. 3421. A bill to authorize major medical Works. ‘‘Approval and Promulgation of State Imple- facility projects and major medical facility EC–8081. A communication from the Prin- mentation Plans; Texas; Emission Credit leases for the Department of Veterans Af- cipal Deputy Associate Administrator, Office Banking and Trading Program’’ (FRL 8216-3) fairs for fiscal years 2006 and 2007, and for of Policy, Economics, and Innovation, Envi- received on September 5, 2006; to the Com- other purposes (Rept. No. 109–328). ronmental Protection Agency, transmitting, mittee on Environment and Public Works. f pursuant to law, the report of a rule entitled EC-8090. A communication from the Prin- ‘‘Amendments to Regulations for Heavy- cipal Deputy Associate Administrator, Office INTRODUCTION OF BILLS AND Duty Diesel Engines’’ (FRL 8214–9) received of Policy, Economics, and Innovation, Envi- JOINT RESOLUTIONS on September 5, 2006; to the Committee on ronmental Protection Agency, transmitting, Environment and Public Works. pursuant to law, the report of a rule entitled The following bills and joint resolu- EC–8082. A communication from the Prin- ‘‘Approval and Promulgation of State Imple- tions were introduced, read the first cipal Deputy Associate Administrator, Office mentation Plans; Texas; Highly Reactive and second times by unanimous con- of Policy, Economics, and Innovation, Envi- Volatile Organic Compound Emissions Cap sent, and referred as indicated: ronmental Protection Agency, transmitting, and Trade Program for the Houston/Gal- By Mr. INHOFE (for himself and Mr. pursuant to law, the report of a rule entitled veston/Brazoria Ozone Nonattainment Area’’ COBURN): ‘‘Determination of Attainment, Approval (FRL 8216-6) received on September 5, 2006; to S. 3845. A bill to designate the facility of and Promulgation of Implementation Plans the Committee on Environment and Public the United States Postal Service located at and Designation of Areas for Air Quality Works. 301 Commerce Street in Commerce, Okla- Planning Purposes; Indiana; Redesignation EC-8091. A communication from the Prin- homa, as the ‘‘Mickey Mantle Post Office of Allen County 8-hour Ozone Nonattainment cipal Deputy Associate Administrator, Office Building’’; to the Committee on Homeland Area to Attainment for Ozone’’ (FRL 8214–5) of Policy, Economics, and Innovation, Envi- Security and Governmental Affairs. received on September 5, 2006; to the Com- ronmental Protection Agency, transmitting, By Mr. CARPER (for himself and Mr. mittee on Environment and Public Works. pursuant to law, the report of a rule entitled VOINOVICH): EC–8083. A communication from the Prin- ‘‘Approval and Promulgation of State Imple- S. 3846. A bill to provide for the establish- cipal Deputy Associate Administrator, Office mentation Plans; Texas; Revisions for the ment and maintenance of electronic personal of Policy, Economics, and Innovation, Envi- Mass Emissions Cap and Trade Program for health records for individuals and family ronmental Protection Agency, transmitting, the Houston/Galveston/Brazoria Ozone Non- members enrolled in Federal employee pursuant to law, the report of a rule entitled attainment Area’’ (FRL 8216-4) received on health benefits plans under chapter 89 of ‘‘Revisions to the California State Imple- September 5, 2006; to the Committee on Envi- title 5, United States Code, and for other mentation Plan, South Coast Air Quality ronment and Public Works. purposes; to the Committee on Homeland Se- Management District’’ (FRL 8207–9) received EC-8092. A communication from the Prin- on September 5, 2006; to the Committee on cipal Deputy Associate Administrator, Office curity and Governmental Affairs. Environment and Public Works. of Policy, Economics, and Innovation, Envi- By Mrs. CLINTON: S. 3847. A bill to designate the facility of EC–8084. A communication from the Prin- ronmental Protection Agency, transmitting, the United States Postal Service located at cipal Deputy Associate Administrator, Office pursuant to law, the report of a rule entitled 110 Cooper Street in Babylon, New York, as of Policy, Economics, and Innovation, Envi- ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, Implementation Plans; Texas; Revisions to the ‘‘Jacob Samuel Fletcher Post Office pursuant to law, the report of a rule entitled the Ozone Attainment Plan for the Houston/ Building’’; to the Committee on Homeland ‘‘2,6–DIPN; Time Limited Pesticide Toler- Galveston/Brazoria Nonattainment Area’’ Security and Governmental Affairs. ance’’ (FRL 8081–9) received on September 5, (FRL 8216-1) received on September 5, 2006; to By Mr. KYL (for himself, Mr. DEWINE, 2006; to the Committee on Environment and the Committee on Environment and Public and Mr. CORNYN): S. 3848. A bill to amend title 18, United Public Works. Works. EC–8085. A communication from the Prin- EC-8093. A communication from the Prin- States Code, to support the war on ter- cipal Deputy Associate Administrator, Office cipal Deputy Associate Administrator, Office rorism, and for other purposes; to the Com- of Policy, Economics, and Innovation, Envi- of Policy, Economics, and Innovation, Envi- mittee on the Judiciary. ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, By Mr. SCHUMER: S. 3849. A bill to require commercial air- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled lines to make flight delay information avail- ‘‘Approval and Promulgation of Air Quality ‘‘Approval and Promulgation of Air Quality able to the public, and for other purposes; to Implementation Plans; Connecticut; VOC Implementation Plans; Texas; Rules for the the Committee on Commerce, Science, and Regulations and One-hour Ozone Attainment Control of Highly Reactive Volatile Organic Transportation. Demonstration Shortfall’’ (FRL 8209–6) re- Compounds in the Houston/Galveston/ By Mr. SHELBY: ceived on September 5, 2006; to the Com- Brazoria Ozone Nonattainment Area’’ (FRL S. 3850. An original bill to improve ratings mittee on Environment and Public Works. 8216-2) received on September 5, 2006; to the quality for the protection of investors and in EC–8086. A communication from the Prin- Committee on Environment and Public the public interest by fostering account- cipal Deputy Associate Administrator, Office Works. of Policy, Economics, and Innovation, Envi- EC-8094. A communication from the Prin- ability, transparency, and competition in the ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office credit rating agency industry; from the Com- pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- mittee on Banking, Housing, and Urban Af- ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, fairs; placed on the calendar. Implementation Plans; Illinois; Ford Motor pursuant to law, the report of a rule entitled By Ms. MURKOWSKI: S. 3851. A bill to provide for the extension Company Adjusted Standard’’ (FRL 8214–2) ‘‘Revisions to the Nevada State Implementa- of preliminary permit periods by the Federal received on September 5, 2006; to the Com- tion Plan’’ (FRL 8210-2) received on Sep- Energy Regulatory Commission for certain mittee on Environment and Public Works. tember 5, 2006; to the Committee on Environ- EC–8087. A communication from the Prin- hydroelectric projects in the State of Alas- ment and Public Works. cipal Deputy Associate Administrator, Office ka; to the Committee on Energy and Natural of Policy, Economics, and Innovation, Envi- f Resources. ronmental Protection Agency, transmitting, REPORTS OF COMMITTEES By Mr. STEVENS: pursuant to law, the report of a rule entitled S. 3852. An original bill to enhance certain ‘‘Approval and Promulgation of State Imple- The following reports of committees maritime programs of the Department of mentation Plans; Kentucky: Air Permit Reg- were submitted: Transportation, and for other purposes; from ulations’’ (FRL 8216–7) received on Sep- By Mr. SHELBY, from the Committee on the Committee on Commerce, Science, and tember 5, 2006; to the Committee on Environ- Banking, Housing, and Urban Affairs, with- Transportation; placed on the calendar. ment and Public Works. out amendment: By Mr. SCHUMER: EC-8088. A communication from the Prin- S. 3850. An original bill to improve ratings S. 3853. A bill to designate the facility of cipal Deputy Associate Administrator, Office quality for the protection of investors and in the United States Postal Service located at

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.047 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9041 39–25 61st Street in Woodside, New York, as Comair Flight 5191, and extending the most or donation of horses and other equines the ‘‘Thomas J. Manton Post Office Build- sincere condolences of the citizens of the to be slaughtered for human consump- ing’’; to the Committee on Homeland Secu- United States to the families and friends of tion, and for other purposes. rity and Governmental Affairs. those individuals; to the Committee on the S. 1934 By Mr. WYDEN (for himself and Mr. Judiciary. At the request of Mr. SPECTER, the SMITH): f S. 3854. A bill to designate certain land in names of the Senator from Minnesota the State of Oregon as wilderness, and for ADDITIONAL COSPONSORS (Mr. COLEMAN), the Senator from Mas- other purposes; to the Committee on Energy ERRY S. 370 sachusetts (Mr. K ), the Senator and Natural Resources. from Washington (Ms. CANTWELL), the At the request of Mr. LOTT, the name By Mr. CONRAD (for himself, Mr. Senator from Washington (Mrs. MUR- of the Senator from Texas (Mr. COLEMAN, Mr. NELSON of Nebraska, RAY) and the Senator from Rhode Is- Mr. TALENT, Mr. DORGAN, Mr. BAU- CORNYN) was added as a cosponsor of S. land (Mr. REED) were added as cospon- CUS, Mr. SALAZAR, Mr. JOHNSON, Ms. 370, a bill to preserve and protect the sors of S. 1934, a bill to reauthorize the CANTWELL, Mr. DURBIN, Mr. OBAMA, free choice of individual employees to grant program of the Department of Mr. DAYTON, Mr. THUNE, Mrs. LIN- form, join, or assist labor organiza- Justice for reentry of offenders into COLN, and Mr. BURNS): tions, or to refrain from such activi- S. 3855. A bill to provide emergency agri- the community, to establish a task ties. cultural disaster assistance, and for other force on Federal programs and activi- purposes; to the Committee on Agriculture, S. 389 ties relating to the reentry of offenders Nutrition, and Forestry. At the request of Mr. DURBIN, the into the community, and for other pur- By Mr. MENENDEZ (for himself, Mr. name of the Senator from New Jersey poses. ENSIGN, and Mr. LAUTENBERG): (Mr. LAUTENBERG) was added as a co- S. 2010 S. 3856. A bill to authorize Congress to sponsor of S. 389, a bill to provide for award a gold medal to Jerry Lewis, in rec- At the request of Mr. HATCH, the ognition of his outstanding service to the fire safety standards for cigarettes, and name of the Senator from Colorado Nation; to the Committee on Banking, Hous- for other purposes. (Mr. SALAZAR) was added as a cospon- ing, and Urban Affairs. S. 604 sor of S. 2010, a bill to amend the So- By Mr. SMITH (for himself and Mrs. At the request of Mr. CRAIG, the cial Security Act to enhance the Social LINCOLN): name of the Senator from Pennsyl- Security of the Nation by ensuring ade- S. 3857. A bill to amend the Internal Rev- vania (Mr. SANTORUM) was added as a quate public-private infrastructure and enue Code of 1986 to provide incentives to cosponsor of S. 604, a bill to amend small businesses; to the Committee on Fi- to resolve to prevent, detect, treat, in- nance. title XVIII of the Social Security Act tervene in, and prosecute elder abuse, By Mr. SMITH (for himself and Mr. to authorize expansion of medicare neglect, and exploitation, and for other WYDEN): coverage of medical nutrition therapy purposes. S. 3858. A bill to authorize the Secretary of services. S. 2075 Interior to cancel certain grazing leases on S. 755 At the request of Mr. DURBIN, the land in Cascade-Siskiyou National Monu- names of the Senator from Indiana ment that are voluntarily waived by the les- At the request of Mr. BUNNING, the sees, to provide for the exchange of certain name of the Senator from Pennsyl- (Mr. BAYH), the Senator from New Mex- Monument land in exchange for private land, vania (Mr. SANTORUM) was added as a ico (Mr. BINGAMAN), the Senator from to designate certain Monument land as wil- cosponsor of S. 755, a bill to authorize California (Mrs. BOXER), the Senator derness, and for other purposes; to the Com- the Secretary of Health and Human from Washington (Ms. CANTWELL), the mittee on Energy and Natural Resources. Services to make grants to nonprofit Senator from Minnesota (Mr. DAYTON), By Mr. BAUCUS: tax-exempt organizations for the pur- the Senator from Massachusetts (Mr. S. 3859. A bill to provide incentive for em- chase of ultrasound equipment to pro- KERRY) and the Senator from Iowa (Mr. ployers to hire service-connected disabled vide free examinations to women need- HARKIN) were added as cosponsors of S. veterans and to improve adjustment assist- 2075, a bill to amend the Illegal Immi- ance and job-training transition for injured ing such services, and for other pur- and disabled veterans, and for other pur- poses. gration Reform and Immigrant Respon- poses; to the Committee on Finance. S. 1173 sibility Act of 1996 to permit States to determine State residency for higher By Mr. BURNS: At the request of Mr. DEMINT, the S. 3860. A bill to provide emergency wild- name of the Senator from North Caro- education purposes and to authorize fire and agricultural disaster assistance, and the cancellation of removal and adjust- lina (Mr. BURR) was added as a cospon- for other purposes; to the Committee on Ag- ment of status of certain alien students riculture, Nutrition, and Forestry. sor of S. 1173, a bill to amend the Na- tional Labor Relations Act to ensure who are long-term United States resi- By Mr. FRIST (for himself, Mr. MCCON- dents and who entered the United NELL, and Mr. INHOFE): the right of employees to a secret-bal- States as children, and for other pur- S. 3861. A bill to facilitate bringing to jus- lot election conducted by the National poses. tice terrorists and other unlawful enemy Labor Relations Board. combatants through full and fair trials by S. 2123 S. 1522 military commissions, and for other pur- At the request of Mr. ALLARD, the poses; read the first time. At the request of Mr. CHAMBLISS, the name of the Senator from Tennessee name of the Senator from Virginia (Mr. f (Mr. ALEXANDER) was added as a co- ALLEN) was added as a cosponsor of S. sponsor of S. 2123, a bill to modernize SUBMISSION OF CONCURRENT AND 1522, a bill to recognize the heritage of SENATE RESOLUTIONS the manufactured housing loan insur- hunting and provide opportunities for ance program under title I of the Na- The following concurrent resolutions continued hunting on Federal public tional Housing Act. land. and Senate resolutions were read, and S. 2154 referred (or acted upon), as indicated: S. 1800 At the request of Mr. OBAMA, the By Mr. DEWINE: At the request of Ms. SNOWE, the name of the Senator from Missouri S. Res. 557. A resolution designating Sep- name of the Senator from Missouri (Mr. TALENT) was added as a cosponsor tember 10 through September 16, 2006, as (Mr. TALENT) was added as a cosponsor of S. 2154, a bill to provide for the ‘‘National Polycystic Kidney Disease Aware- of S. 1800, a bill to amend the Internal ness Week’’ and supporting the goals and issuance of a commemorative postage ideals of a National Polycystic Kidney Dis- Revenue Code of 1986 to extend the new stamp in honor of Rosa Parks. ease Awareness Week to raise public aware- markets tax credit. S. 2392 ness and understanding of polycystic kidney S. 1915 At the request of Mrs. BOXER, the disease and to foster understanding of the At the request of Mr. ENSIGN, the name of the Senator from Connecticut impact polycystic kidney disease has on pa- name of the Senator from Rhode Island (Mr. DODD) was added as a cosponsor of tients and future generations of their fami- (Mr. REED) was added as a cosponsor of S. 2392, a bill to promote the empower- lies; to the Committee on the Judiciary. S. 1915, a bill to amend the Horse Pro- ment of women in Afghanistan. By Mr. MCCONNELL (for himself and Mr. BUNNING): tection Act to prohibit the shipping, S. 2491 S. Res. 558. A resolution honoring the lives transporting, moving, delivering, re- At the request of Mr. CORNYN, the and memory of the victims of the crash of ceiving, possessing, purchasing, selling, names of the Senator from Maine (Ms.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.044 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9042 CONGRESSIONAL RECORD — SENATE September 6, 2006 SNOWE), the Senator from Vermont S. 3519, a bill to reform the State in- for the purchase of private health in- (Mr. JEFFORDS), the Senator from Ohio spection of meat and poultry in the surance, and for other purposes. (Mr. VOINOVICH), the Senator from Mas- United States, and for other purposes. S. 3768 sachusetts (Mr. KENNEDY), the Senator S. 3529 At the request of Mr. SPECTER, the from Louisiana (Mr. VITTER), the Sen- At the request of Mr. MENENDEZ, the name of the Senator from Rhode Island ator from Michigan (Mr. LEVIN), the name of the Senator from New Jersey (Mr. CHAFEE) was added as a cosponsor Senator from Arkansas (Mrs. LINCOLN) (Mr. LAUTENBERG) was added as a co- of S. 3768, a bill to prohibit the pro- and the Senator from Louisiana (Ms. sponsor of S. 3529, a bill to ensure that curement of victim-activated land- LANDRIEU) were added as cosponsors of new mothers and their families are mines and other weapons that are de- S. 2491, a bill to award a Congressional educated about postpartum depression, signed to be victim-activated. gold medal to Byron Nelson in recogni- screened for symptoms, and provided S. 3771 tion of his significant contributions to with essential services, and to increase At the request of Mr. HATCH, the the game of golf as a player, a teacher, research at the National Institutes of names of the Senator from New Hamp- and a commentator. Health on postpartum depression. shire (Mr. SUNUNU), the Senator from S. 2590 S. 3570 Utah (Mr. BENNETT), the Senator from At the request of Mr. COBURN, the At the request of Mr. ENZI, the name Florida (Mr. NELSON), the Senator from names of the Senator from Colorado of the Senator from South Dakota (Mr. Illinois (Mr. DURBIN), the Senator from (Mr. SALAZAR), the Senator from Wyo- JOHNSON) was added as a cosponsor of California (Mrs. BOXER), the Senator ming (Mr. THOMAS), the Senator from S. 3570, a bill to amend the Older Amer- from Louisiana (Ms. LANDRIEU) and the Wyoming (Mr. ENZI) and the Senator icans Act of 1965 to authorize appro- Senator from Michigan (Ms. STABENOW) from Kansas (Mr. BROWNBACK) were priations for fiscal years 2007 through were added as cosponsors of S. 3771, a added as cosponsors of S. 2590, a bill to 2011, and for other purposes. bill to amend the Public Health Serv- require full disclosure of all entities S. 3623 ice Act to provide additional authoriza- tions of appropriations for the health and organizations receiving Federal At the request of Mr. BUNNING, the funds. name of the Senator from Wyoming centers program under section 330 of such Act. At the request of Mr. BAUCUS, his (Mr. THOMAS) was added as a cosponsor name was added as a cosponsor of S. of S. 3623, a bill to promote coal-to-liq- S. 3788 2590, supra. uid fuel activities. At the request of Mr. BROWNBACK, the S 2663 name of the Senator from Oklahoma . S. 3656 (Mr. INHOFE) was added as a cosponsor At the request of Mr. DODD, the name At the request of Mrs. FEINSTEIN, the of S. 3788, a bill to clarify Federal law of the Senator from Utah (Mr. HATCH) name of the Senator from Wisconsin to prohibit the dispensing, distribu- was added as a cosponsor of S. 2663, a (Mr. FEINGOLD) was added as a cospon- tion, or administration of a controlled bill to amend the Public Health Serv- sor of S. 3656, a bill to provide addi- substance for the purpose of causing, or ice Act to establish grant programs to tional assistance to combat HIV/AIDS assisting in causing, the suicide, eutha- provide for education and outreach on among young people, and for other pur- nasia, or mercy killing of any indi- newborn screening and coordinated fol- poses. lowup care once newborn screening has vidual. S. 3681 been conducted, to reauthorize pro- S. 3791 At the request of Mr. DOMENICI, the grams under part A of title XI of such At the request of Mrs. HUTCHISON, the names of the Senator from Wyoming Act, and for other purposes. names of the Senator from Louisiana (Mr. ENZI) and the Senator from Utah S. 2990 (Ms. LANDRIEU) and the Senator from (Mr. HATCH) were added as cosponsors Minnesota (Mr. COLEMAN) were added At the request of Mr. VITTER, the of S. 3681, a bill to amend the Com- name of the Senator from South Caro- as cosponsors of S. 3791, a bill to re- prehensive Environmental Response quire the provision of information to lina (Mr. DEMINT) was added as a co- Compensation and Liability Act of 1980 parents and adults concerning bac- sponsor of S. 2990, a bill to amend title to provide that manure shall not be XVIII of the Social Security Act to re- terial meningitis and the availability considered to be a hazardous substance, of a vaccination with respect to such store financial stability to Medicare pollutant, or contaminant. anesthesiology teaching programs for disease. S. 3685 resident physicians. S. 3795 At the request of Mr. BOND, the At the request of Mr. SMITH, the S. 3128 names of the Senator from Georgia name of the Senator from Minnesota At the request of Mr. BURR, the name (Mr. ISAKSON) and the Senator from (Mr. COLEMAN) was added as a cospon- of the Senator from Virginia (Mr. Michigan (Ms. STABENOW) were added sor of S. 3795, a bill to amend title ALLEN) was added as a cosponsor of S. as cosponsors of S. 3685, a bill to estab- XVIII of the Social Security Act to 3128, a bill to amend the Federal Food, lish a grant program to provide vision provide for a two-year moratorium on Drug, and Cosmetic Act to provide for care to children, and for other pur- certain Medicare physician payment uniform food safety warning notifica- poses. reductions for imaging services. tion requirements, and for other pur- S. 3744 poses. S. 3801 At the request of Mr. DURBIN, the At the request of Mr. SMITH, the S. 3325 names of the Senator from Montana name of the Senator from Oregon (Mr. At the request of Mr. BUNNING, the (Mr. BAUCUS), the Senator from Dela- WYDEN) was added as a cosponsor of S. name of the Senator from Virginia (Mr. ware (Mr. BIDEN), the Senator from 3801, a bill to support the implementa- ALLEN) was added as a cosponsor of S. Michigan (Mr. LEVIN), the Senator tion of the Darfur Peace Agreement 3325, a bill to promote coal-to-liquid from Michigan (Ms. STABENOW), the and to protect the lives and address the fuel activities. Senator from New Jersey (Mr. LAUTEN- humanitarian needs of the people of S. 3456 BERG) and the Senator from Rhode Is- Darfur, and for other purposes. At the request of Mr. MENENDEZ, the land (Mr. CHAFEE) were added as co- S. 3837 name of the Senator from New York sponsors of S. 3744, a bill to establish At the request of Mr. AKAKA, the (Mr. SCHUMER) was added as a cospon- the Abraham Lincoln Study Abroad names of the Senator from Tennessee sor of S. 3456, a bill to ensure the im- Program. (Mr. FRIST), the Senator from Colorado plementation of the recommendations S. 3754 (Mr. SALAZAR), the Senator from Wash- of the National Commission on Ter- At the request of Mr. MARTINEZ, the ington (Ms. CANTWELL) and the Senator rorist Attacks Upon the United States. name of the Senator from Georgia (Mr. from Vermont (Mr. LEAHY) were added S. 3519 ISAKSON) was added as a cosponsor of S. as cosponsors of S. 3837, a bill to au- At the request of Mr. HATCH, the 3754, a bill to amend the Internal Rev- thorize the establishment of the Henry name of the Senator from Wyoming enue Code of 1986 to allow individuals a Kuualoha Giugni Kupuna Memorial Ar- (Mr. ENZI) was added as a cosponsor of refundable credit against income tax chives at the University of Hawaii.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.050 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9043 S.J. RES. 7 (Mr. CRAIG) were added as cosponsors of Mickey Mantle Day, June 8, 1969. In ad- At the request of Mr. MENENDEZ, his amendment No. 4883 proposed to H.R. dition to the retirement of his uniform name was added as a cosponsor of S.J. 5631, a bill making appropriations for number 7, Mantle was given a plaque Res. 7, a joint resolution proposing an the Department of Defense for the fis- that would hang on the center field amendment to the Constitution of the cal year ending September 30, 2007, and wall at Yankee Stadium, near the United States relative to equal rights for other purposes. monuments to Babe Ruth, Lou Gehrig for men and women. At the request of Ms. MURKOWSKI, her and Miller Huggins. In 1974, as soon as S.J. RES. 35 name was added as a cosponsor of he was eligible, he was inducted into At the request of Mr. BYRD, the name amendment No. 4883 proposed to H.R. the Baseball Hall of Fame dem- of the Senator from North Carolina 5631, supra. onstrating his importance to baseball At the request of Mr. DURBIN, the (Mrs. DOLE) was added as a cosponsor and community. of S.J. Res. 35, a joint resolution pro- names of the Senator from California Sadly, Mickey Mantle’s father died of (Mrs. BOXER) and the Senator from posing an amendment to the Constitu- cancer at the age of 39, just as his son Florida (Mr. NELSON) were added as co- tion of the United States to clarify was starting his career. Mantle said sponsors of amendment No. 4883 pro- that the Constitution neither prohibits one of the great heartaches of his life posed to H.R. 5631, supra. voluntary prayer nor requires prayer in was that he never told his father he schools. AMENDMENT NO. 4885 loved him. At the request of Mr. KENNEDY, the S. CON. RES. 20 After a bout with liver cancer him- name of the Senator from California self, Mickey Mantle was given a few At the request of Mr. COCHRAN, the (Mrs. BOXER) was added as a cosponsor precious extra weeks of life due to a name of the Senator from Alaska (Ms. of amendment No. 4885 proposed to liver transplant. The baseball great MURKOWSKI) was added as a cosponsor H.R. 5631, a bill making appropriations was overwhelmed by the selfless gift of of S. Con. Res. 20, a concurrent resolu- for the Department of Defense for the a liver from a stranger; therefore, tion expressing the need for enhanced fiscal year ending September 30, 2007, Mickey became determined to give public awareness of traumatic brain in- and for other purposes. something back at the end of his life. jury and support for the designation of f Thus, in 1995, the year he died, the a National Brain Injury Awareness Mickey Mantle Foundation was estab- Month. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS lished to promote organ and tissue do- S. CON. RES. 84 nation, and Mickey Mantle will be re- At the request of Mr. KYL, the name By Mr. INHOFE (for himself and membered for something more than his of the Senator from Tennessee (Mr. Mr. COBURN): heroic baseball career. FRIST) was added as a cosponsor of S. S. 3845. A bill to designate the facil- I encourage my colleagues to join me ity of the United States Postal Service Con. Res. 84, a concurrent resolution in support of this legislation as we located at 301 Commerce Street in expressing the sense of Congress re- commemorate an outstanding athlete Commerce, Oklahoma, as the ‘‘Mickey garding a free trade agreement between so that future generations will be as in- Mantle Post Office Building’’; to the the United States and Taiwan. spired by his example of sportsmanship Committee on Homeland Security and S. CON. RES. 113 and charity as we have been. Governmental Affairs. At the request of Mrs. CLINTON, the Mr. INHOFE. Mr. President, I rise name of the Senator from New Jersey By Mr. CARPER (for himself and today along with my colleague, TOM (Mr. MENENDEZ) was added as a cospon- Mr. VOINOVICH): COBURN, to proudly introduce legisla- sor of S. Con. Res. 113, a concurrent S. 3846. A bill to provide for the es- tion to designate the facility of the resolution congratulating the Magen tablishment and maintenance of elec- United States Postal Service located at David Adom Society in Israel for tronic personal health records for indi- 301 Commerce Street in Commerce, OK achieving full membership in the Inter- viduals and family members enrolled in as the ‘‘Mickey Mantle Post Office.’’ Federal employee health benefits plans national Red Cross and Red Crescent Mickey Mantle emulates the Okla- under chapter 89 of title 5, United Movement, and for other purposes. homa spirit of hard work, charity, and States Code, and for other purposes; to S. RES. 407 sportsmanship. He is a shining example the Committee on Homeland Security At the request of Mr. MENENDEZ, the of how commitment and dedication can names of the Senator from New Jersey lead to great success. I seek to name and Governmental Affairs. Mr. CARPER. Mr. President, I rise (Mr. LAUTENBERG), the Senator from the post office in Commerce, OK, in today to announce the introduction of Michigan (Mr. LEVIN) and the Senator Mickey Mantle’s honor. He is still a piece of legislation that Senator from New York (Mr. SCHUMER) were known to Commerce by the nicknames added as cosponsors of S. Res. 407, a ‘‘Commerce Comet’’ or ‘‘Commerce VOINOVICH of Ohio and I have worked resolution recognizing the African Kid’’. on for a while. It is called the Federal American Spiritual as a national treas- At age 4 Mickey Mantle moved with Employees Electronic Personal Health ure. his family to Commerce where he grew Records Act of 2006. This bill makes available—or would make available— S. RES. 448 up, having been born in Spavinaw, OK. electronic personal health records for At the request of Mr. NELSON of Ne- By his father who was an amateur player and fervent fan, Mickey Mantle every enrollee of a Federal health ben- braska, the name of the Senator from efits plan who wishes to have one. That Virginia (Mr. ALLEN) was added as a was named in honor of Mickey Cochrane, the Hall of Fame catcher is, potentially, as many as 8 million cosponsor of S. Res. 448, a resolution people. That includes those of us who supporting the goals and ideals of ‘‘Na- from the Detroit Tigers. Signing with the New York Yankees work in Federal agencies, large and tional Life Insurance Awareness small, across the country and, actu- Month’’. in 1949, Mantle made his Major League Debut in 1951. He played his entire ally, around the world. It includes S. RES. 551 Major League career with the Yankees. their families and includes Federal re- At the request of Mr. REID, the name He was a twenty-time All Star and tirees and their families as well. of the Senator from North Dakota (Mr. named American League MVP three Our health care sector is the most in- DORGAN) was added as a cosponsor of S. times. Mantle was a part of 12 pennant novative in the world, but it has not Res. 551, a resolution expressing the winners and 7 World Championship kept up with the information age. Our sense of the Senate that illegal immi- clubs. Some of Mantle’s records still excessive reliance on paper record grants should not receive Social Secu- hold today. He holds the record for keeping makes our health care system rity benefits and that this prohibition most World Series home runs (18), runs less efficient, more costly, and more should be strictly enforced. batted in (40), runs (42), walks (43), prone to mistakes. Expanding the use AMENDMENT NO. 4883 extra-base hits (26), and total bases of health information technology At the request of Mr. ALLEN, the (123). shows promise as a way to improve names of the Senator from Texas (Mrs. Mantle announced his retirement on both the cost and the quality of health HUTCHISON) and the Senator from Idaho March 1, 1969. He actually retired on care in our country.

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.051 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9044 CONGRESSIONAL RECORD — SENATE September 6, 2006 In 2004, the United States spent some when a patient enrolls in the Depart- Dover where we have another 15,000 $1.9 trillion on health care costs. ment of Defense’s military health sys- veterans. That is more than any other industri- tem, they no longer need the kind of What is keeping the rest of our Na- alized country on this planet. In 2005, brown manila folder I carried all those tion’s health care system from fol- health care premiums continued their years. Instead, we have electronic lowing the lead of the Department of upward trend, increasing by an aver- health care records to keep track of Defense and the VA? The answer is the age, I am told, of some 9 percent. We the medical histories of those who high cost of implementing the latest are literally spending trillions of dol- serve our country in the military. This information technologies, as well as lars on health care, but I am sorry to health record is managed electroni- the lack of uniformity among various say we are not getting the gold stand- cally, and you don’t have to remember technology products. ard of treatment or results. to pack it up on your next tour of duty, A physician can spend up to $30,000 A 2005 survey conducted by the Com- whether it is in Southeast Asia, or implementing an electronic health monwealth Fund, a private foundation Iraq, or Afghanistan. records system. A hospital can spend that focuses on improving health care, Instead, one’s electronic health care up to five times that amount. If that found that medical error reports rates record follows them wherever they go— weren’t enough of a reason to say no in the United States far exceed those of both during the time they are in the thanks, there is one more reason; that western countries. In that survey, one military and when they leave and join is, we don’t have a set of national in three Americans reported getting our veterans community as a veteran. standards in place to make sure that the wrong dosage of medication, incor- The result is that the Department of once health care providers have made rect test results, mistakes in treat- Defense and VA have been impressive, the switch, their new system can com- ment, or late notification of test re- especially when you consider that they municate with the hospital or doctor sults. That is nearly 15 percent higher have only used these electronic health on the other side of town. The result: than similar results in Britain and Ger- records for about a decade or so. Only 15 percent of doctors and about 30 many. The VA health system has trans- percent of hospitals have fully func- I believe some of the problems— formed itself from a troubled, some- tional electronic health care systems though certainly not all of them—can times bloated and inefficient operation today. be blamed on the fact that health care to one of the best health care oper- A new study by a number of health providers don’t have full and real-time ations in the country. care scholars estimates there will be access to patients’ medical records. Researchers and doctors now laud the another 20 years before the majority of Doctors in this country wait days VA for having the foresight to use elec- physicians are using an electronic sometimes for couriers to deliver lab tronic health records to improve pa- health care system. tests or x rays. They diagnose patients tient care. Let me say this. Our Presiding Offi- without knowing their full medical his- What is the cost? That is a good cer is from Louisiana where they went tory, what they are allergic to, what question. It is about $78 per patient. through a terrible situation a year ago kinds of surgeries they have had, or That is roughly the cost of not repeat- with Katrina. The folks who happened whether they have complained about ing one blood test. In other words, it is to be civilians and were in hospitals or similar symptoms before. money well spent. nursing homes, for the most part, they Time constraints, or medical neces- The VA now regularly outperforms had paper health records and they were sity, often force doctors to perform a Medicare and other private health destroyed. The veterans who were on quick diagnosis. Sometimes that diag- plans when it comes to providing pa- the gulf coast when Katrina struck—ei- nosis wrong. Sometimes those errors tient care for diabetes, high blood pres- ther in nursing homes, VA nursing prove to be costly. The widespread use sure, and heart attack victims. homes, or VA hospitals—were evacu- of health information technology, the In January, the National Quality Re- ated from the area as civilians were; ability to immediately access one’s full search Center concluded that for the but when the veterans got to another medical history from a computer, can sixth consecutive year, the VA health VA facility inland, or a nursing home, help doctors and nurses provide better care system outranks the private sec- or a VA hospital, their electronic care less expensively. It has the poten- tor for customer satisfaction. health records were available imme- tial to dramatically transform the way I have witnessed that new-found sat- diately, and whoever provided care for we provide health care in America— isfaction in my own backyard, at the them had access to the records and saving lives, saving costs. Veterans Medical Center in Elsmere, were able to provide excellent care. If we are looking for success stories DE. That is the place I went in 1973 I am sorry to say that the same on how health care professionals have fresh out of the Navy. Veterans from wasn’t true for the civilians whose integrated the use of electronic health neighboring States are now coming to paper records were largely destroyed at care records into their daily routines, our hospital in Elsmere to seek care in- the time of the evacuation. we don’t have to look any further than stead of going to regular civilian hos- As a nation, we cannot afford to rely our own Department of Defense and pitals near them. solely on health care providers to bring our Department of Veterans Affairs. In 2004, the Elsmere facility, as well the health care industry into the 21st Times have changed since I retired as popular satellite clinics in Millsboro century. We must think outside of the from the Navy some 15 years ago. I re- and Seaford, DE, served more than box and build on the health informa- member that as an ensign I used to 22,000 veterans and had more than tion technology issues already under- carry my medical health records in a 150,000 outpatient visits. Both totals way in other areas of our health care brown manila folder from duty station are about 20 percent higher than just 4 industry. to duty station—from the time I left years ago. The Federal Employee Electronic Ohio State, on to Pensacola, Corpus Normally, you would think the Personal Health Records Act of 2006— Christi Naval Air Station, out to Cali- busier a hospital is, the less satisfied the legislation Senator VOINOVICH and I fornia, across the seas and back again, customers are because of longer waits introduce today—does just that. How? and, finally, getting off of active duty and other hassles. But it turned out By requiring all carriers that contract and coming to Delaware to enroll in that the opposite is true. As the work- with the Federal Employees Health graduate school, on the GI bill, at the load has climbed, so has patient satis- Benefits Program to make available an University of Delaware in the business faction. I might add, so has the satis- electronic personal health record for school. I went up the road to the VA faction of those providing the care to those of us who are enrolled in that hospital. I still had my folder with the the patients. program. As I said earlier, it is some 8 records. I turned them in and asked: More than 85 percent of Delaware’s million people. What kind of benefits am I eligible for? VA outpatients said they were ‘‘highly Electronic personal health records Over a decade ago, the Department of satisfied’’ with the care they received. will provide enrollees with a tool to Defense and VA decided there was a Planning is now underway to open a better access and control their health better way, and the results have been third outpatient clinic for veterans in information. Via the Internet, an en- nothing short of phenomenal. Today, Kent County next spring—probably in rollee will be able to log on to their

VerDate Aug 31 2005 06:27 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.034 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9045 electronic personal health record to I invite my colleagues to join Sen- Not only can EHRs save lives and im- keep track of such things as their ator VOINOVICH and me as we introduce prove the quality of health care, they medications, cholesterol, glucose lev- this legislation. We look forward to also have the potential to reduce the els, allergies, and immunization talking with our colleagues about it. cost of the delivery of health care. Ac- records. With luck, maybe we will have a hear- cording to Rand Corporation, the An enrollee will also be able to re- ing. Senator VOINOVICH may hold one health care delivery system in the view a comprehensive, easily under- in his subcommittee this month. United States could save approxi- stood listing of their health care Mr. VOINOVICH. Mr. President, I mately $160 billion annually with the claims. Health care providers, payers, rise to speak about a bill my colleague widespread use of electronic medical and enrollees will be able to add this Senator CARPER and I introduced records. As a result, the private mar- information onto the electronic per- today, the Electronic Personal Health ket is already moving toward imple- sonal health record. Enrollees will ben- Records Act. The purpose of this legis- menting electronic medical records. efit, I believe, significantly from such a lation is to provide for the establish- This bill, simply encourages the tool. ment and maintenance of electronic health care industry to continue in An enrollee can easily share sections personal health records for individuals that direction and take their use of of the electronic personal health record and family members enrolled in the technology in the delivery of care to with their health care provider, ensur- Federal Employee Health Benefits the next step. I urge my colleagues to ing that their provider has the most Plan, FEHBP. consider not only the benefit it will up-to-date and accurate health infor- The widespread adoption of health in- provide to the eight million individuals mation when making clinical deci- formation technology, such as elec- who receive their health care through sions. tronic health record, (EHR), will revo- the FEHBP, but also to our Nation’s In the case of an emergency, an en- lutionize the health care profession. In overall health care system. rollee can also grant others the ability fact, the Institute of Medicine, the Na- to access their electronic personal tional Committee on Vital and Health By Mrs. CLINTON: health record. Again, it is the decision Statistics, and other expert panels S. 3847. A bill to designate the facil- of the patient, the enrollee in the Fed- have identified information technology ity of the United States Postal Service eral Employee Health Benefits Pro- as one of the most powerful tools in re- located at 110 Cooper Street in Bab- gram, to decide what kind of access to ducing medical errors and improving ylon, New York, as the ‘‘Jacob Samuel grant to a provider or a member of the the quality of care. Unfortunately, our Fletcher Post Office Building’’; to the family or another person in the wake country’s health care industry lags far Committee on Homeland Security and of an emergency. behind other sectors of the economy in Governmental Affairs. Mrs. CLINTON. Mr. President, I am Having health information readily its investment in IT. pleased to introduce legislation which available will increase the efficiency The Institute of Medicine estimates would designate the facility of the and safety of health care for enrollees that there are nearly 98,000 deaths each United States Postal Service located at by eliminating unwarranted tests, pro- year resulting from medical errors. 110 Cooper Street in Babylon, NY, as cedures, and prescriptions. Many of these deaths can be directly Most important, the legislation en- attributed to the inherent imperfec- the ‘‘Jacob Samuel Fletcher Post Of- sures that the electronic personal tions of our current paper-based health fice Building.’’ Jacob Samuel Fletcher sent his first health records provided for through care system. This statistic is startling application for military enlistment to this act are kept private and secure. and one that I hope will motivate my the Marines when he was 8 years old. The electronic personal health colleagues to take a close look at the Young Jacob had completed an applica- records are required to include a num- goals of our legislation. tion he found in a magazine and sub- ber of security features. They include, The voluntary EHRs that would be mitted it through the mail. Though his among other things, user authentica- established through the Electronic Per- mother told the Marines recruiter to tion and audit trails. sonal Health Records Act will provide The legislation also requires that clinicians with real-time access to call back in a few years, it wouldn’t be carriers comply with all privacy and their patient’s health history. Each long before Fletcher was wearing a uni- security regulations outlined in the EHR would contain claims data, con- form. Fletcher enlisted in the Army soon Health Insurance Portability and Ac- tact information for providers of after the September 11 terrorist at- countability Act, which we call health care services, and other useful tacks. He told family members that he HIPAA. information for diagnosis and treat- felt he had a duty to serve his country. Mr. President, what Senator ment. The records will be available This service was nothing new to his VOINOVICH and I are introducing today cost-free to FEHBP participants and family, as both his father and his step- will help demonstrate the importance will maintain strict adherence to father served in Vietnam. and utility of health information tech- HIPAA. His story, however, ends in a trag- Under the bill, the Office of Per- nology—not just the importance of the ically different manner than his fa- sonnel Management, OPM, would be re- technology but the importance of har- ther’s or stepfather’s. On November 14, quired to ensure that all carriers who nessing the technology—in the delivery 2003, PFC Jacob Samuel Fletcher was participate in FEHBP educate their of health care in this country today. In killed when a road side bomb exploded members about the implementation of this case, the potential is as many as 8 near a bus he was riding in Samara, the EHR, as well as give timely notice million additional Americans. Iraq. It was 11 days before his 29th This bill is designed to jumpstart of the establishment of the record and birthday. He was posthumously award- this new technology by requiring some an opportunity for each individual to ed the Bronze Star and the Purple of the largest health insurance compa- elect not to participate in the program. Heart. nies to offer these electronic personal OPM, through their carriers, would While he was close to finishing his health records, which many are begin- also have to ensure that all records tour of duty at the time of his death, ning to do today. As more insurance would be available for electronic access Jacob told family and friends that he companies, health care providers, and through Internet, fax, or printed meth- was not finished serving; he hoped to consumers use this new technology, I od for the use of the individual, and become a state trooper upon comple- am convinced that more people will that to the extent possible, records tion of his tour in the military. recognize its advantages, and we can could be transferred from one plan to I ask that the Senate come together more quickly move America’s health another. The bill would require EHRs and honor this brave American for his care industry into the 21st century. to be made available two years after service to our Nation. We view this initiative as the next the passage of the legislation or earlier necessary step for the Nation’s largest at the discretion of OPM in consulta- By Mr. KYL (for himself, Mr. employer-sponsored health insurance tion with the Office of the National Co- DEWINE, and Mr. CORNYN): program that prides itself on being a ordinator for Health Information Tech- S. 3848. A bill to amend title 18, model for best practices in health care. nology within HHS. United States Code, to support the war

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.035 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9046 CONGRESSIONAL RECORD — SENATE September 6, 2006 on terrorism, and for other purposes; to Subsection (d) amends § 2339D to bar at- overseas for terrorist purposes, to also in- the Committee on the Judiciary. tempts or conspiracies to obtain military- clude kidnappings of U.S. nationals overseas Mr. KYL. Mr. President, I rise today type training from a terrorist organization. that are carried out for terrorist purposes, to introduce the Terrorism Prevention Subsection (e) bars convicted terrorist and clarifies that sexual assault qualifies as from receiving federal benefits. Act of 2006. This Act will enhance and serious bodily injury for purposes of the sec- SECTION 3. IMPROVEMENTS TO CIPA tion’s assault prohibitions. This section also improve the statutes governing mate- This section implements a number of les- increases penalties for terrorist murders and rial support for terrorism, protection sons learned during the use of the Classified assaults, such that a murder of a U.S. na- of classified information, terrorist Information Procedures Act during the trial tional overseas that is carried out for ter- hoaxes, and terrorist murders and as- of suspected 20th hijacker Zacarias rorist purposes would be punished by impris- saults. Specifically, the TPA expands Moussaoui. Subsection (b) authorizes inter- onment for at least 30 years, and an assault the reach of statutes punishing mate- locutory appeals of any order for access to resulting in serious bodily injury would be rial support for terrorism, making it a classified information. In the Moussaoui punished by imprisonment for 10 years to life. ‘‘Serious bodily injury’’ is defined by crime to reward the family of a suicide case, the Fourth Circuit determined that CIPA allows interlocutory appeals only of federal statute to mean bodily injury accom- bomber or other terrorist with the in- orders entered under CIPA itself, not orders panied by a substantial risk of death, ex- tent to facilitate terrorism, and in- entered under other authority. One judge of treme physical pain, protracted and obvious creases penalties for existing material that Court noted that, although compelled disfigurement, or protracted loss or impair- support offenses; clarifies and improves by the text of CIPA, this result frustrates ment of the function of a bodily member, the Classified Information Procedures Congress’s intent to allow prompt review of organ, or mental faculty. Act in light of the lessons learned in disputes over disclosure of classified infor- This section also creates a new offense of the Moussaoui trial; expands the reach mation. committing a terrorist crime while engaging in conduct that results in death. This new of- of the terrorist hoax statute, and in- Subsection (c) allows requests for CIPA protection to be made ex parte. Sometimes a fense is punishable by death or imprison- creases penalties for hoaxes about the request for protection of classified informa- ment for 20 years up to life. This section also deaths of U.S. soldiers during wartime; tion cannot be made publicly without itself makes eligible for capital punishment exist- increases penalties for terrorist mur- compromising classified information. This ing offenses resulting in death that involve ders, kidnappings, and assaults com- subsection also ensures that requests for the use of nuclear weapons, anti-aircraft mitted overseas against U.S. nationals, CIPA protection shall remain sealed, regard- missiles, radiological bombs, and variola and increases penalties for terrorist less of whether they are accepted or denied, (smallpox) virus, and increases to 15 years to and codifies the current practice of allowing life the penalties for aiding a foreign ter- crimes resulting in death; and im- rorist organization or state sponsor of ter- proves the United States’s ability to such requests to be made orally. Subsection (d) clarifies that CIPA applies rorism’s WMD program or developing, pos- investigate terrorist crimes by pro- to evidence obtained from nondocumentary sessing, using, or threatening to use a radio- tecting the confidentiality of FISA in- sources, such as depositions of witnesses. In logical weapon. vestigations, authorizing multi-district the Moussaoui case, the Fourth Circuit de- SECTION 6. INVESTIGATION OF TERRORIST search warrants in terrorism cases, and termined that CIPA technically only applies CRIMES increasing penalties for obstruction of to documentary information and informa- Subsection (a) limits FISA notification re- justice in terrorism cases. tion that the defense might disclose during quirements so that the government is not re- I ask unanimous consent that a sec- trial. The Court nevertheless looked to CIPA quired to inform an individual seeking an tion by section analysis of the Ter- to develop a framework for protecting classi- immigration benefit if FISA information was fied information during depositions. This rorism Prevention Act be printed in used to deny their application. Such notice subsection effectively codifies the Fourth effectively informs such an individual that the RECORD. Circuit’s approach by formally applying he or his associates have been the target of There being no objection, the text of CIPA to nondocumentary sources of evi- an intelligence investigation. The United the analysis was ordered to be printed dence, such as depositions. States should not be required to compromise in the RECORD, as follows: SECTION 4. TERRORIST HOAXES an intelligence investigation in order to ex- THE TERRORISM PREVENTION ACT OF 2006 This section amends the terrorist hoax clude a foreign national with ties to ter- SECTION BY SECTION ANALYSIS statute so that it punishes hoaxes relating to rorism from the United States. Subsection (b) authorizes federal judges to SECTION 2. MATERIAL SUPPORT terrorist offenses that inexplicably were ex- cluded from the current hoax law. For exam- authorize search warrants that may be used Subsection (a) creates a new offense, 18 in multiple judicial districts for purposes of U.S.C. § 2339E, of giving material benefits to ple, current law does not punish hoaxes re- lated to the taking of hostages in order to terrorism investigations. Such investiga- the family or associates of someone who has tions often require searches to be conducted committed a terrorist act, if the benefit is coerce the federal government (18 U.S.C. 1203), hoaxes related to blowing up an energy in different parts of the country at the same given with the intent to reward, encourage, time. or facilitate terrorism. Section 2339E applies facility (18 U.S.C. 1366(a)), hoaxes related to terrorist attacks on military bases aimed at Subsection (c) increases the potential pen- overseas to the extent that the offenses are alties for obstruction of justice in the course linked to interstate or foreign commerce, undermining national defense (18 U.S.C. 2156), or hoaxes related to attacks on rail- of a terrorism investigation by making the are targeted at the United States or its peo- maximum penalty ten years’ imprisonment. ple or property, or the offender is a U.S. na- ways and mass-transportation facilities, tional or resident. The offense is punishable such as the recent London bombings (18 U.S.C. 1992–93). This section adds these ter- By Ms. MURKOWSKI: by imprisonment for ten years to life. This S. 851. A bill to provide for the exten- new offense would punish those individuals rorist crimes to the predicates for the ter- rorist hoax statute. sion of preliminary permit periods by who encourage or embolden suicide bombers the Federal Energy Regulatory Com- by rewarding their families after such bomb- This section also increases the penalties ings occur. for hoaxes about the death, injury, or cap- mission for certain hydroelectric Subsection (b) increases penalties for ex- ture of a U.S. soldier during wartime. Unfor- projects in the State of Alaska; to the isting material support offenses as follows: tunately, there have been a number of inci- Committee on Energy and Natural Re- § 2339A, giving material support to aid a ter- dents in which individuals have contacted sources. rorist act, 10 years to life; § 2339B, giving ma- the families of US. soldiers serving in Iraq, Ms. MURKOWSKI. Mr. President, I pretended to represent the military or other terial support to a designated terrorist orga- rise to introduce legislation to give nization, 5 to 25 years; and § 2339D, receiving official organizations, and falsely told the family that their son, brother, or other rel- private developers more time to com- military-type training from a terrorist orga- plete planning and financing for a com- nization, 3 to 15 years. The § 2339A and B pen- ative had been killed. This section would alties have not been increased since the ter- punish such hoaxes with imprisonment for 2 plex of three high-mountain lake-tap rorist attacks of September 11, 2001. to 10 years. If the hoax resulted in serious hydroelectric projects that promise to Subsection (c) eliminates a loophole in bodily injury, it would be punished by 5 to 25 provide at an electric power for South- current law that would allow an individual years, and if it resulted in death, 10 years to east Alaska and for the Pacific North- to give an unlimited amount of medical or life. This section also clarifies that the offense west. religious supplies to a designated terrorist Today, I introduce legislation to ex- organization. This loophole, which was re- of mailing threatening communications ap- plies to threats made against organizations tend by a total of six years the time for cently criticized by a judge of the U.S. Court developers to secure data necessary to of Appeals, could allow a terrorist organiza- as well as individuals. tion to receive large amounts of supplies SECTION 5. TERRORIST MURDERS, KIDNAPPINGS, determine the feasibility and prepare a that it could either resell in exchange for AND ASSAULTS development application for three indi- cash or distribute in its local area in order to This section expands 18 U.S.C. § 2332, which vidual hydroelectric projects, all lo- build support and gain recruits. punishes murder or assault of U.S. nationals cated up Thomas Bay in Southeast

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.060 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9047 Alaska, near Petersburg, AK. This leg- mental impacts on streams and the fish Overwhelmingly, these comments islation will give time for construction and wildlife they support is an increas- urged me to protect and build on Or- of the estimated $75 million, 45-mega- ingly important task of government. egon’s Wilderness system. This goal is watt Cascade Creek project, the $56 This bill will help such environ- as important today as it was in 1804, million, 30-megawatt Scenery Creek, mentally-sensitive development occur 1964 or 1984—if not more so. To succeed, and the $40 million, 20-megawatt Delta and will help reduce the nation’s de- we must provide the tools that help us Creek hydroelectric projects to be pendence on foreign fossil fuels. I hope create a planned future on Mount built. for speedy passage of this measure. Hood. This bill does both. The extensions are needed and justi- The Mount Hood National Forest is fied since the three renewable energy By Mr. WYDEN (for himself and the seventh most visited National For- projects can only proceed after a $30 Mr. SMITH): est in the United States. In the 22 years million, 27-mile high-voltage trans- S. 3854. A bill to designate certain that have elapsed since any new wilder- mission line is constructed in Alaska land in the State of Oregon as wilder- ness has been designated in the Mount to the U.S.-Canada border, after an- ness, and for other purposes; to the Hood area, the population in local other $130 million is spent for 150 miles Committee on Energy and Natural Re- counties has increased significantly—25 sources. of new line are built in Canada, after percent in Multnomah County, 24 per- Mr. WYDEN. Mr. President, Mount $120 million is spent for 140 miles of cent in Hood River County, and 28 per- Hood is a cherished wild place that is transmission line upgrades are finished often photographed, visited and en- cent in Clackamas County. on the Canadian side of the border to The predominant public use of this joyed by scores of Oregonians and urban forest is non-mechanized activ- move the excess power to Skeena near many non-Oregonians as well. Today, I ity like hiking, camping, and fishing. Terrace in Canada, and after portions am introducing, along with my col- of the proposed Southeast Alaska, With increasing emphasis on wild sce- league Senator SMITH, a new bipartisan Electric, Intertie are finished to also Oregon Wilderness bill: the ‘‘Lewis and nery, unspoiled wildlife habitats, free permit excess power from the existing Clark Mount Hood Wilderness Act of flowing rivers, wilderness and the need Swan Lake and Tyee Lake hydro- 2006.’’ In tribute to the great river-de- for opportunities for diverse outdoor electric projects, and the proposed pendent journey of Lewis and Clark, recreation sometimes it seems we are Mahoney Lake project near Ketchikan, our legislation adds nine free-flowing in jeopardy of ‘‘loving our wild places AK, to be shared among Panhandle stretches of rivers to the National Wild to death.’’ communities and to connect to export and Scenic River System. This reflects A few years ago, the Forest Service transmission lines. the Oregonian wish to protect but also made a proposal to limit the number of The developers of the Thomas Bay actively experience our State’s treas- people that could hike the south side of project, Cascade, LLC., deserve a time ures. Mount Hood and the public outcry was extension since the company, so far, This bill contains many elements of enormous. Seems to me, rather than has focused all of its planning efforts the bill I introduced two years ago tell people that they are going to be re- on winning approval and financing for while incorporating many of the provi- stricted from using our public lands, the vital electrical interconnection be- sions adopted in the House-passed part of the solution for the future of tween Southeast Alaska and Canada, version of Mount Hood Wilderness pro- the Mountain lies in providing more not on finishing the three individual tections, HR 5025. My bill builds upon opportunities for them to enjoy the power projects. The State of Alaska the House version by adding more wil- Mountain’s great places. We should en- only in early summer 2006 approved a derness, more wild and scenic rivers, sure the Mount Hood National Forest grant of $3.2 million to pay for plan- and providing a recreation area to can meet the increased use and demand ning to develop a comprehensive plan allow diverse recreational opportuni- for outdoor experiences—my bill will and review the economic feasibility of ties. It protects the lower elevation provide those opportunities. using several of Southeast Alaska’s forests surrounding Mount Hood and Of the hundreds of people who at- nearly 100 potential hydroelectric sites the Columbia River Gorge as Lewis and tended the meetings I held throughout to provide power for both local needs Clark saw them. These forests embody the State of Oregon, the vast majority and for export of the surplus power to the natural beauty of Oregon. They spoke in favor of more wilderness. Ad- the Pacific Northwest power grid to provide the clean water necessary for ditionally, I have received more than help with financing of the 95 the survival of threatened steelhead, 2,500 written comments supporting ad- megawatts of installed capacity, 410 Coho and Chinook salmon. These for- ditional wilderness for Mount Hood. gigawatt, power project. ests provide critical habitat and di- This is what I have heard: More Wil- These hydroelectric projects all in- verse ecosystems for elk, deer, lynx derness: First and foremost, I heard volve tapping high mountain lakes for and the majestic bald eagle. And these that Oregonians in astonishing num- power. They do not require the dam- are the forests that provide unparal- bers support protecting Mount Hood ming of fish streams, so they have no leled recreational opportunities for Or- and the Columbia River Gorge with ad- negative environmental impacts. They egonians and our visitors. ditional wilderness. A large number of will produce electricity at substantial But the bill I introduce today differs Oregonians didn’t think that enough savings over the 40- to 50-cents per kil- from the bill I introduced two years wilderness areas had been included in owatt hour cost of generating power ago because it responds to the many the House proposal. from expensive diesel fuel in the region comments I heard in the ensuing years. Mountain Biking: Some mountain and they will also reduce the effects of I received thousands of comments on bikers expressed concerns that their local air pollution and reduce carbon proposed Mount Hood legislation. Some recreation opportunities not be un- dioxide generation through the avoid- comments came as a result of the gen- fairly curtailed. ance of fossil fuel combustion. eral public meetings I held in Oregon. Fire Protection and Forest Health: Congress routinely extends the three- Many of the meetings lasted over 3 Some people were worried about forest year deadline for worthy potential hours, and everyone who wanted to health and those living in towns on the FERC-licensed power projects to pro- speak was given an opportunity to do mountain and in the gorge were con- vide additional time for completion of so. Other comments came from the sec- cerned about fire protection for their preliminary planning, financing and ond Mount Hood Summit held at Tim- communities. design. It is certainly appropriate to berline Lodge hosted by Representa- Developed Recreation: Some people grant these three projects that are so tives WALDEN and BLUMENAUER. I and were worried about maintaining a role interconnected this additional time to my staff met with over 100 community for developed recreation, like skiing, work out the contractual and financial groups and local governments, the on Mt. Hood. planning and to finish the environ- members of the Oregon congressional This is what my bill does to address mental studies needed for construction delegation, the Governor, and the Bush those concerns: More Wilderness: There permits to be obtained. administration. And still more com- are currently 189,200 acres of des- Developing renewable energy that ments came from letters and phone ignated wilderness on the Mount Hood can be produced without any environ- calls from Oregonians. National Forest. The House legislation

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.067 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9048 CONGRESSIONAL RECORD — SENATE September 6, 2006 would have added approximately 77,200 open mountain biking trails were not tiated voluntary grazing permit lease acres of new wilderness on the Moun- included in my proposed wilderness. buyout in the Monument. This pro- tain. The bill I am introducing today Fire Protection and Forest Health: I posed wilderness area lies at the inter- increases wilderness on Mount Hood by protect wilderness, where there are section of the Siskiyou and Cascade designating approximately 128,385 new healthy, older trees that should never mountain ranges, and the Oregon acres of wilderness—incorporating all be harvested on Mount Hood or in the Desert, California chaparral, High Cas- the areas the House bill included and Gorge. Older, healthy stands are the cade and coastal Westside forests. It is building upon them. most resistant to fire and disease. How- truly where east meets west meets This bill adds the areas surrounding ever, there is an enormous backlog of north meets south. This makes it a the oldest Mt. Hood Wilderness—the over-crowded, plantation, second- truly unique and biodiverse ecosystem mountain itself—which was designated growth that should be thinned. My bill and a key wildlife corridor—one that is in the original Wilderness Act of 1964. incorporates House provisions that used by ten rare, threatened or endan- These additions include cathedral old would give the Forest Service a man- gered species, including the northern growth forests, the historic Tilly Jane date to prepare an assessment for pro- spotted owl, Ashland thistle, and the trail, lava beds that were created dur- moting forests resilient to fire, insects Siskiyou fritillary. It is also home to ing the Mt. Hood eruptions, and much and disease. This also includes provi- populations of trout, elk, bobcats, of the legendary route that Oregon’s sions to study and encourage the devel- black bears and falcons. The grazing pioneers used when they were settling opment of biomass in conjunction with buyout in this bill also provides a win- our great state. To the north and west forest health work. In addition, I added win situation. It provides a good deal of the mountain, I would add the fire safe community zones so that the for the ranchers—the negotiated agree- viewshed of the Columbia Gorge to the Secretary will construct a system of ment between the Bureau of Land Man- current Mark O. Hatfield wilderness. fire safe buffer zones around the com- agement grazing lessees and the con- These areas encompass the spectacular munities of Cascade Locks and Govern- servationists includes an agreed-upon ridges framing the Gorge that we all ment Camp. conservationist premium to be paid to marvel at from I–84 and include per- Developed Recreation: In order to fa- the lessees. This premium enhances the haps the greatest concentration of wa- cilitate developed recreation opportu- compensation lessees receive from the terfalls in North America. To the nities I have adopted the House provi- federal government as part of the legis- southwest of the mountain I add lands sions establishing a ‘‘fee-retention’’ lation. It also ensures this special place to the current Salmon Huckleberry provision that will establish an ac- will be protected. I commend Senator Wilderness to conserve their diverse count for the Mount Hood National SMITH for introducing this legislation wildlife and protect unique rec- Forest. In addition, in order to help ad- and am happy to join him in intro- reational areas like those around pop- dress growth while ensuring access to ducing this bill. ular Mirror Lake. These lands include recreational opportunities, I have I ask unanimous consent that the Alder Creek, the source of drinking adopted House provisions directing the text of the bill be printed in the water for the City of Sandy, which Secretary and the State of Oregon to RECORD. unanimously endorsed the draft pro- develop an integrated transportation There being no objection, the text of posal. Over to the east are proposed ad- plan for the Mount Hood region. the bill was ordered to be printed in ditions to the Badger Creek Wilderness. Local and Tribal Relationships: I the RECORD, as follows: These areas provide a critical link be- have also incorporated the House pro- S. 3854 tween Westside forests and Eastside visions on local and tribal relation- Be it enacted by the Senate and House of Rep- ecosystems. This area is known for ships emphasizing the rich history of resentatives of the United States of America in beautiful fall color and the best deer the Mount Hood region and affirming Congress assembled, and elk hunting in the entire Mount the rights of Native peoples to access SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Hood National Forest. Among the the mountains resources, as they have (a) SHORT TITLE.—This Act may be cited as areas we are protecting is the newly for generations. the ‘‘Lewis and Clark Mount Hood Wilder- The protection of these important ness Act of 2006’’. designated Richard L. Kohnstamm Me- (b) TABLE OF CONTENTS.—The table of con- morial Area. It is dedicated in honor of Oregon places will depend on the hard tents of this Act is as follows: Mr. Kohnstamm who restored the his- work and dedication of all Oregonians Sec. 1. Short title; table of contents. toric Timberline Lodge—built origi- and particularly that of my Oregon col- Sec. 2. Findings. nally by the Works Progress Adminis- leagues here in the Congress. I am es- Sec. 3. Definitions. tration in 1937—to its former grandeur. pecially pleased that Senator SMITH TITLE I—DESIGNATION OF WILDERNESS Wild and Scenic Rivers: My proposal has joined me in developing this bipar- AREAS seeks to protect over 81 miles of wild tisan legislation and putting forth our Sec. 101. Findings and purpose. and scenic rivers on nine free flowing proposal for wilderness. I am hopeful Sec. 102. Lewis and Clark Mount Hood wil- derness areas. rivers. This includes some of the most everyone will pull together: county Sec. 103. Map and legal descriptions. pristine and beautiful rivers in Oregon. Commissioners, environmentalists, en- Sec. 104. Administration. Among those proposed rivers are the trepreneurs, chambers of commerce, Sec. 105. Buffer zones. picturesque waterfalls and glacial state elected officials, the Governor, Sec. 106. Fire safe community zones. Sec. 107. Gateway communities. outwash of the East Fork of the Hood and the Oregon delegation here in the Sec. 108. Fish and wildlife; hunting and fish- River, and the ancestral hunting and Capitol. I look forward to perfecting ing. fishing grounds of Fish Creek. Over 17 legislation together in the coming Sec. 109. Trail restoration and study. miles of superb salmon and steelhead weeks, and seeing its swift adoption by Sec. 110. Fire, insects, and diseases. habitat on the Collowash River have Congress thereafter. Then the grandeur Sec. 111. Land reclassification. Sec. 112. Valid existing rights and with- also been proposed for protection. My of Mount Hood and other Oregon treas- drawal. bill again incorporates all the House ures can be assured for future genera- Sec. 113. Maintenance and replacement of proposed protections and builds upon tions. foot bridges in wilderness areas. them. Soda Mountain Wilderness: In addi- Sec. 114. Richard L. Kohnstamm Memorial Mountain Biking: I believe that local tion, I wish to offer my cosponsorship Area. riders raised some valid concerns, so I of legislation to be presented by Sen- TITLE II—DESIGNATION OF STREAMS did two things. I have proposed Mount ator SMITH, creating the Soda Moun- FOR WILD AND SCENIC RIVER PROTEC- Hood National Recreation Area. It will tain Wilderness and authorizing the TION IN THE MOUNT HOOD AREA offer greater, permanent environ- voluntary cancellation of grazing Sec. 201. Finding and purpose. Sec. 202. Wild and scenic river designations, mental protections to those beautiful leases in the Cascade-Siskiyou Na- Mount Hood National Forest. areas, while providing mountain tional Monument. This bill would es- Sec. 203. Impact on water rights and flow re- bikers, and other recreational users, an tablish a 23,000-acre Soda Mountain quirements. opportunity to continue to recreate in Wilderness in the backcountry of the TITLE III—MOUNT HOOD NATIONAL these areas. Additionally, I made Cascade-Siskiyou National Monument. RECREATION AREA boundary adjustments to ensure all In addition, it provides for the nego- Sec. 301. Designation.

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0655 E:\CR\FM\A06SE6.069 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9049 TITLE IV—TRANSPORTATION AND (3) some of the tribes along the Columbia nized and non-mechanized activities, such as COMMUNICATION SYSTEMS River were part of the Chinook family; hiking, camping, and fishing, which accord- Sec. 401. Definition of Mount Hood region. (4) many of the people of the tribes— ing to the Mount Hood National Forest Man- Sec. 402. Transportation plan. (A) used canoes made from cedar logs; agement Plan, are projected to increase dra- Sec. 403. Study relating to gondola connec- (B) were expert fisherman; matically over time; tion and intermodal transpor- (C) told fire legends about the mid-Colum- (17) the Land and Resource Management tation center. bia volcanic peaks that featured warrior he- Plan for Mount Hood National Forest pro- Sec. 404. Burial of power lines. roes, fair ladies, and numerous gods; and vides that ‘‘the present capability to supply Sec. 405. Culvert replacement. (D) Mount Hood as Wy’East, the warrior recreational opportunities such as hiking on Sec. 406. Clarification of treatment of State whose passionate love caused the region to trails in primitive and semi-primitive non- highways. be transformed as he hurled powerful vol- motorized areas is predicted to fall short of canic fire in his quest for the love of the satisfying demand’’; TITLE V—LAND EXCHANGE gentle maiden Loo-wit, known today as (18) according to the plan described in Subtitle A—Cooper Spur-Government Camp Mount St. Helens; paragraph (17), the Mount Hood National Land Exchange (5) traveling down the Columbia River in Forest— Sec. 501. Purpose. 1805, the Lewis and Clark Corps of Discovery (A) provides resources for nearly 2 times Sec. 502. Cooper Spur-Government Camp expedition was awed by the unspoiled scenic the current demand for developed recreation land exchange. splendors of the Cascade Mountains and the such as skiing, power boating, and sight- Columbia River Gorge cutting through the seeing by car; but Subtitle B—Other Land Exchanges mountain rampart; (B) meets less than 2⁄3 of the demand for Sec. 511. Land exchange, Port of Cascade (6) on October 18, 1805, Clark recorded in back country recreation; Locks-Pacific Crest National his journal: ‘‘I ascended a high cliff, about (19) the Management Plan for Mount Hood Scenic Trail. 200 feet above the water, from the top of National Forest projects that by 2040, the Sec. 512. Hunchback Mountain land ex- which is a level plain, extending up the river Mount Hood National Forest will only meet change, Clackamas County. and off for a great extent. From this place I 16 percent of the demand for wilderness TITLE VI—MOUNT HOOD NATIONAL FOR- discovered a mountain of immense height, recreation, while meeting more than 100 per- EST AND WATERSHED STEWARDSHIP covered with snow.’’; cent of the demand for mechanized recre- Sec. 601. Findings and purpose. (7) following Lewis and Clark, settlers ation; Sec. 602. Forest stewardship assessment. came to the Oregon territory by way of the (20) because the Mount Hood National For- Sec. 603. Sustainable biomass utilization Oregon Trail, transforming more accessible est provides drinking water for more than 16 study. portions of the wild landscape into farms, or- communities and over 40 percent of Oregon Sec. 604. Watershed management memo- chards, and small communities using the old residents, management of the Mount Hood randa of understanding. growth forests; National Forest needs to take into consider- Sec. 605. Termination of authority. (8) in 1845, Oregon Trail pioneers Samuel K. ation plans developed by local watershed Barlow and Joel Palmer and their parties councils in managing the forest; and TITLE VII—CRYSTAL SPRINGS WATER- opened the Barlow Trail across Barlow Pass, (21) the management of the Mount Hood SHED SPECIAL RESOURCES MANAGE- high on the south slopes of Mount Hood, with National Forest should address practical, MENT UNIT Palmer writing on October 11, 1845: ‘‘I had site-specific situations in a manner that sup- Sec. 701. Findings and purpose. never seen a sight so nobly grand.’’; ports wilderness and the general environ- Sec. 702. Establishment of Crystal Springs (9) even as the settlers transformed the mental, economic, and community-related Watershed Special Resources wilderness, that frontier land helped develop welfare of the mountain. Management Unit. in the settlers the characteristics of self-reli- SEC. 3. DEFINITIONS. Sec. 703. Administration of Management ance, fortitude, hard work, independence, In this Act: Unit. and love of the land, which the people of Or- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Sec. 704. Acquisition of lands. egon and the entire United States cherish to has the meaning given the term in section 4 Sec. 705. Effective date. this day and wish to inculcate in their chil- of the Indian Self-Determination and Edu- TITLE VIII—LOCAL AND TRIBAL dren; cation Assistance Act (25 U.S.C. 450b). RELATIONSHIPS (10) the unprotected wilderness that re- (2) MOUNTAIN BIKE.—The term ‘‘mountain mains in the Mount Hood and Columbia bike’’ does not include a motorized vehicle. Sec. 801. Findings and purpose. River Gorge region provides easily accessible (3) OLD GROWTH.—The term ‘‘old growth’’, Sec. 802. First foods gathering areas. outdoor recreation for the descendants of the with respect to a tree or grove of trees, Sec. 803. Forest Service coordination with early settlers and more recent arrivals; means a tree or grove that is— State and local governments. (11) Mount Hood is home to the historic (A) at last 120 years old; or Sec. 804. Savings provisions regarding rela- Timberline Lodge, which— (B) previously unmanaged. tions with Indian tribes. (A) is a National Historic Landmark; (4) SECRETARY.—The term ‘‘Secretary’’ Sec. 805. Improved natural disaster pre- (B) was built as a project by the Federal means— paredness. Works Progress Administration in 1937; and (A) when used in reference to Forest Serv- TITLE IX—RECREATION (C) was restored to its former grandeur by ice land, the Secretary of Agriculture; and Sec. 901. Findings and purpose. the dedication and stewardship of Richard L. (B) when used in reference to Bureau of Sec. 902. Retention of Mount Hood National Kohnstamm; Land Management land, the Secretary of the Forest land use fees from spe- (12) preserving wilderness assures the in- Interior. cial use authorizations. tegrity of the background and scenic views (5) STATE.—The term ‘‘State’’ means the Sec. 903. Use of funds in special account to that enrich more developed forms of rec- State of Oregon. support recreation. reational use, including downhill skiing and TITLE I—DESIGNATION OF WILDERNESS Sec. 904. Annual reporting requirement. roadside enjoyment of sweeping wilderness AREAS Sec. 905. Mount hood national forest rec- scenery; SEC. 101. FINDINGS AND PURPOSE. reational working group. (13) designation as wilderness provides the (a) FINDINGS.—Congress finds that— Sec. 906. Consideration of conversion of for- strongest congressional protection of sci- (1) the most recent designation of wilder- est roads to recreational uses. entific, cultural, educational, environ- ness in the Mount Hood National Forest oc- Sec. 907. Improved trail access for persons mental, scenic, and recreational values that curred in 1984; and with disabilities. contribute long-term quality of life and eco- (2) the designation of an additional 128,400 nomic benefits to the people of Oregon, visi- TITLE X—AUTHORIZATION OF acres as a wilderness area by this title will tors to Oregon, and local communities in and APPROPRIATIONS increase the amount of wilderness designated around the Mount Hood National Forest, in- Sec. 1001. Authorization of appropriations. as a wilderness area in the Mount Hood Na- cluding the wilderness-dependent wildlife, tional Forest by 68 percent. SEC. 2. FINDINGS. high water quality, and resident and anad- (b) PURPOSE.—The purpose of this title is Congress finds that— romous fish that thrive in undisturbed eco- to designate approximately 128,400 acres of (1) long before the arrival of Lewis and systems; National Forest System land in the Mount Clark, Native Americans in the Oregon coun- (14) the Mount Hood National Forest is the Hood National Forest as a wilderness area. try lived amid the wild splendor of the Cas- seventh most visited National Forest in the SEC. 102. LEWIS AND CLARK MOUNT HOOD WIL- cade Mountains and the Columbia River, United States; DERNESS AREAS. where the waters teemed with fish, game (15) wilderness management is interrelated (a) DESIGNATIONS.—In accordance with the roamed the forests, and fruits and berries with and will interface with the established Wilderness Act (16 U.S.C. 1131 et seq.), the were abundant; activities and management of adjacent land, following areas in the State are designated (2) the Native Americans arrived in this particularly when the land is high-density as wilderness areas and as components of the bountiful land from Asia by way of the Ber- recreation land; National Wilderness Preservation System: ing Sea and inhabited the land in and around (16) Mount Hood National Forest is pre- (1) BADGER CREEK WILDERNESS ADDITIONS.— Mount Hood and the Columbia Gorge; dominantly used by the public for mecha- Certain Federal land managed by the Forest

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.058 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9050 CONGRESSIONAL RECORD — SENATE September 6, 2006 Service, comprising approximately 3,700 (i) licensed for a hydroelectric project by State under this title to lead to the creation acres, as generally depicted on the maps en- the Federal Energy Regulatory Commission; of protective perimeters or buffer zones titled ‘‘Badger Creek’’ and ‘‘Bonnie Butte’’, or around each wilderness area. dated September 2006, which are incor- (ii) located within 200 feet of an electric (b) ACTIVITIES OR USES UP TO BOUND- porated in, and considered to be a part of, power line in the White River Unit of the ARIES.—The fact that nonwilderness activi- the Badger Creek Wilderness, as designated Mount Hood Wilderness Additions under sub- ties or uses can be seen or heard from within by section 3(3) of the Oregon Wilderness Act section (a)(6); or a wilderness area shall not, of itself, preclude of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). (B) affect any activity relating to the oper- the activities or uses up to the boundary of (2) BULL OF THE WOODS WILDERNESS ADDI- ation, maintenance, or construction of a the wilderness area. TION.—Certain Federal land managed by the project described in clause (i) or (ii) of sub- SEC. 106. FIRE SAFE COMMUNITY ZONES. Forest Service, comprising approximately paragraph (A). Consistent with the Mount Hood National 6,870 acres, as generally depicted on the map (2) COLUMBIA GORGE AIRSHED.—The area de- Forest Management Plan and the Healthy entitled ‘‘Bull of the Woods’’, dated June picted on the maps entitled ‘‘Gorge Forests Restoration Act of 2003 (16 U.S.C. 2006, which is incorporated in, and considered Ridgeline Wilderness’’ and ‘‘Large Moun- 6501 et seq.), the Secretary shall construct a to be a part of, the Bull of the Woods Wilder- tain’’, dated September 2006, that is des- strategic system of defensible fuel profile ness, as designated by section 3(4) of the Or- ignated as a wilderness area and as a compo- zones (including shaded fuelbreaks, thinning, egon Wilderness Act of 1984 (16 U.S.C. 1132 nent of the National Wilderness Preservation individual tree selection, and other methods note; 98 Stat. 273). System under subsection (a) shall not result of vegetation management) between the wil- (3) CLACKAMAS WILDERNESS.—Certain Fed- in the designation of a Class I airshed in the derness boundary and the community bound- eral land managed by the Forest Service and Columbia Gorge through Federal regulatory ary around Cascade Locks and Government Bureau of Land Management, comprising ap- action. Camp. proximately 11,900 acres, as generally de- SEC. 103. MAP AND LEGAL DESCRIPTIONS. SEC. 107. GATEWAY COMMUNITIES. picted on the maps entitled ‘‘Clackamas N ENERAL (a) IN GENERAL.—As soon as practicable (a) I G .—The Secretary may pro- Canyon’’, ‘‘Big Bottom’’, ‘‘Memaloose Lake’’, after the date of enactment of this Act, the vide grants to communities that are gate- ‘‘South Fork Clackamas’’, ‘‘Sisi Butte’’, and Secretary shall file a map entitled ‘‘Lewis ways to Mount Hood Wilderness areas, in- ‘‘Upper Big Bottom’’, dated September 2006, and Clark Mount Hood Wilderness Additions cluding the Hoodland Fire District, Govern- which shall be known as the ‘‘Clackamas of 2006’’, dated September 2006, and a legal ment Camp, and the villages surrounding Wilderness’’. description of each wilderness area des- Mount Hood, and the appropriate county (4) LOWER WHITE RIVER WILDERNESS.—Cer- ignated by this title, with— governments in the State, to be adminis- tain Federal land managed by the Forest tered through the Forest Service State and (1) the Committee on Energy and Natural Service and Bureau of Land Management, Private Forestry program. Resources of the Senate; and comprising approximately 2,850 acres, as gen- (b) LIMITATION OF FUNDS.—The total (2) the Committee on Resources of the erally depicted on the map entitled ‘‘Lower amount of funds provided by the Secretary House of Representatives. White River’’, dated September 2006, which to gateway communities under subsection (b) FORCE OF LAW.—The map and legal de- shall be known as the ‘‘Lower White River (a) shall not exceed $10,000,000. scriptions filed under subsection (a) shall Wilderness’’. SEC. 108. FISH AND WILDLIFE; HUNTING AND have the same force and effect as if included (5) MARK O. HATFIELD WILDERNESS ADDI- FISHING. in this Act, except that the Secretary may TIONS.—Certain Federal land managed by the (a) FISH AND WILDLIFE.—In furtherance of Forest Service, comprising approximately correct typographical errors in the map and the purposes of the Wilderness Act (16 U.S.C. 26,000 acres, as generally depicted on the each legal description. 1131 et seq.), the Secretary may carry out (c) PUBLIC AVAILABILITY.—Each map and maps entitled ‘‘Gorge Ridgeline’’ and ‘‘Larch management activities to maintain or re- legal description filed under subsection (a) Mountain’’, dated September 2006, which store fish and wildlife populations and fish shall be known as the ‘‘Mark O. Hatfield Wil- shall be on file and available for public in- and wildlife habitats on the National Forest derness Additions’’. spection in— System land designated as wilderness by sec- (1) the office of the Chief of the Forest (6) MOUNT HOOD WILDERNESS ADDITIONS.— tion 102 if those activities are— Certain Federal land managed by the Forest Service; (1) consistent with applicable wilderness Service, comprising approximately 21,580 (2) the office of the Director of the Bureau management plans; and acres, as generally depicted on the maps en- of Land Management; and (2) carried out in accordance with applica- titled ‘‘Elk Cove/Mazama Addition’’, ‘‘Sandy (3) the applicable local Forest Service and ble guidelines and policies. Additions’’, ‘‘Tilly Jane’’, ‘‘Sand Canyon’’, Bureau of Land Management offices. (b) BULL TROUT RESTORATION PROJECT.— ‘‘Lost Lake’’, ‘‘Twin Lakes’’, ‘‘Barlow SEC. 104. ADMINISTRATION. (1) IN GENERAL.—Nothing in this Act af- Butte’’, ‘‘White River’’, and ‘‘Richard L. (a) IN GENERAL.—Subject to valid rights in fects the authority of the Secretary to carry Kohnstamm Memorial Area’’, dated Sep- existence on the date of enactment of this out the Bull Trout restoration project under- tember 2006, which are incorporated in, and Act, each wilderness area designated under way as of the date of enactment of this Act considered to be a part of, the Mount Hood this title shall be administered by the Sec- in Clear Branch Creek. Wilderness as designated under section 3(a) retary in accordance with the Wilderness Act (2) MINIMUM TOOL POLICIES.—The Secretary of the Wilderness Act (16 U.S.C. 1132(a)), and (16 U.S.C. 1131 et seq.). shall carry out the Bull Trout restoration enlarged by section 3(d) of the Endangered (b) CONSISTENT INTERPRETATION TO THE project under paragraph (1) in accordance American Wilderness Act of 1978 (16 U.S.C. PUBLIC.—Notwithstanding their separate ju- with the minimum tools policies of the For- 1132 note; 92 Stat. 43). risdictions, the Secretary of Agriculture and est Service. (7) ROARING RIVER WILDERNESS.—Certain the Secretary of the Interior shall collabo- SEC. 109. TRAIL RESTORATION AND STUDY. Federal land managed by the Forest Service, rate to ensure that the wilderness areas des- (a) PALMETEER TRAIL RESTORATION.— comprising approximately 37,750 acres, as ignated by this title, if appropriate, are in- (1) IN GENERAL.—It is the intent of Con- generally depicted on the map entitled terpreted for the public as an overall com- gress that nothing in this title shall prevent ‘‘Roaring River Wilderness’’, dated Sep- plex related by— the Secretary from conducting the planned tember 2006, which shall be known as the (1) common location in the Mount Hood- Palmateer Trail restoration project under- ‘‘Roaring River Wilderness’’. Columbia River Gorge region; way as of the date of enactment of this Act (8) SALMON-HUCKLEBERRY WILDERNESS ADDI- (2) the abundant history of Native Amer- in the Twin Lakes area of the Mount Hood TIONS.—Certain Federal land managed by the ican use; National Forest to restore the quality of the Forest Service, comprising approximately (3) the epic journey of Lewis and Clark; Trail. 17,720 acres, as generally depicted on the (4) the pioneer settlement and growth of (2) MINIMUM TOOLS POLICIES.—The Sec- maps entitled ‘‘Alder Creek Addition’’, the State; and retary shall carry out the Palmateer Trail ‘‘Eagle Creek Addition’’, ‘‘Mirror Lake’’, (5) water sources for more than 40 percent restoration project described in paragraph (1) ‘‘Inch Creek’’, ‘‘Salmon River Meadows’’, and of the residents of the State. in accordance with the minimum tools poli- ‘‘Hunchback Mountain’’, dated September (c) INCORPORATION OF ACQUIRED LAND AND cies of the Forest Service. 2006, which are incorporated in, and consid- INTERESTS.—Any land or interest in land lo- (b) STUDY OF COOL CREEK TRAIL 794.—The ered to be a part of, the Salmon-Huckleberry cated within the boundaries of an area des- Secretary shall conduct a study of the appro- Wilderness, as designated by section 3(2) of ignated as a wilderness area by this title priate public use of Cool Creek Trail 794. the Oregon Wilderness Act of 1984 (16 U.S.C. that is acquired by the United States after SEC. 110. FIRE, INSECTS, AND DISEASES. 1132 note; 98 Stat. 273). the date of enactment of this Act shall be As provided in section 4(d)(1) of the Wilder- (b) EFFECT OF DESIGNATIONS.— added to, and administered as part of, the ness Act (16 U.S.C. 1133(d)(1)), within the wil- (1) ELECTRIC UTILITIES.—The areas in the wilderness area within which the acquired derness areas designated by this Act, the State that are designated as wilderness areas land or interest is located. Secretary of Agriculture (in collaboration and as components of the National Wilder- SEC. 105. BUFFER ZONES. with the Secretary of the Interior, where ap- ness Preservation System under subsection (a) IN GENERAL.—As provided in the Oregon propriate) may take such measures as are (a) shall not— Wilderness Act of 1984 (16 U.S.C. 1132 note; necessary to control fire, insects, and dis- (A) include any land that on the date of en- Public Law 98–328), Congress does not intend eases, subject to such conditions as the Sec- actment of this Act is— for designation of wilderness areas in the retary of Agriculture (in collaboration with

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.058 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9051 the Secretary of the Interior where appro- approximately 30 acres, as generally depicted ‘‘(ii) the 0.4-mile segment from the Badger priate) determines to be desirable. on the map entitled ‘‘Richard L. Kohnstamm Creek Wilderness boundary to the point 0.4 SEC. 111. LAND RECLASSIFICATION. Memorial Area’’, dated September 2006, and miles downstream, as a scenic river; (a) OREGON AND CALIFORNIA RAILROAD approximately 157 acres of designated wilder- ‘‘(iii) the 7.9-mile segment from the point LAND.—Not later than 180 days after the date ness, as generally depicted on the map enti- 0.4 miles downstream of the Badger Creek of enactment of this Act, the Secretary of tled ‘‘Richard L. Kohnstamm Memorial Wilderness boundary to the western edge of Agriculture and the Secretary of the Interior Area’’, dated September 2006, shall be known sec. 20, T. 2 S., R. 12 E., WM, as a wild river; shall identify any Oregon and California and designated as the ‘‘Richard L. and Railroad Land that is subject to section 201 Kohnstamm Wilderness’’. ‘‘(iv) the 0.2-mile segment from the west- (b) REFERENCES.—Any reference in a law, of the Act of August 28, 1937 (43 U.S.C. 1181f), ern edge of section 20, T. 2 S., R. 12 E., WM map, regulation, document, paper, or other within the boundary of the Clackamas Wil- to the Mount Hood National Forest bound- record of the United States to an area de- derness, as generally depicted on the map en- ary, as a scenic river; scribed in subsection (a) shall be deemed to ‘‘(G) The 13.5-mile segment of the East titled ‘‘South Fork Clackamas’’, dated Sep- be a reference to the Richard L. Kohnstamm tember 2006. Fork Hood River from Oregon State Highway Wilderness. 35 to the Mount Hood National Forest bound- (b) PUBLIC DOMAIN LAND.— (c) BOUNDARY.— ary, as a recreational river. (1) DEFINITION OF PUBLIC DOMAIN LAND.—In (1) IN GENERAL.—The memorial area shall ‘‘(H) The 17.8-mile segment of the this section, the term ‘‘public domain consist of land located within the boundary Collawash River from the headwaters of the land’’— depicted on the map entitled ‘‘Richard L. East Fork Collawash to the confluence with (A) has the meaning given the term ‘‘pub- Kohnstamm Memorial Area’’, dated Sep- the Clackamas River, of which— lic land’’ in section 103 of the Federal Land tember 2006. ‘‘(i) the 11.0-mile segment from the head- Policy and Management Act of 1976 (43 (2) AVAILABILITY OF MAP.—The map shall waters of the East Fork Collawash River to U.S.C. 1702); and be on file and available for public inspection Buckeye Creek, as a scenic river; and (B) does not include any land managed in the appropriate offices of the Forest Serv- ‘‘(ii) the 6.8-mile segment from Buckeye under the Act of August 28, 1937 (43 U.S.C. ice. 1181a et seq.). Creek to the Clackamas River, as a rec- TITLE II—DESIGNATION OF STREAMS FOR (2) IDENTIFICATION.—Not later than 180 reational river. WILD AND SCENIC RIVER PROTECTION days after the date of enactment of this Act, ‘‘(I) The 13.6-mile segment of Fish Creek IN THE MOUNT HOOD AREA the Secretary of the Interior shall identify from its headwaters to the confluence with public domain land within the State that is SEC. 201. FINDING AND PURPOSE. the Clackamas River, as a recreational approximately equal in acreage of land de- (a) FINDING.—Congress finds that the addi- river.’’. scribed in subsection (a), but is not subject tion of 81 miles of waterways to the National SEC. 203. IMPACT ON WATER RIGHTS AND FLOW to the Act of August 28, 1937 (43 U.S.C. 1181a Wild and Scenic River System in the Mount REQUIREMENTS. Hood National Forest would increase the et seq.). (a) RELATION TO EXISTING REQUIREMENTS.— total length of the portion of the National (3) MAPS.—Not later than 180 days after the Congress does not intend for the designation Wild and Scenic River System that is lo- date of enactment of this Act, the Secretary of any portion of the Hood River under sec- cated in the Mount Hood National Forest by of the Interior shall submit to Congress and tion 3(a) of the Wild and Scenic Rivers Act approximately 47 percent. publish in the Federal Register, 1 or more (16 U.S.C. 1274(a)), as amended by this Act, to (b) PURPOSE.—The purpose of this title is have any impact on any water right or flow maps depicting the land identified under sub- to designate approximately 81 miles of wa- sections (a) and this subsection. requirement relating to— terways in the Mount Hood National Forest (1) the Middle Fork Irrigation District; (4) RECLASSIFICATION.—After providing an as additions to the National Wild and Scenic (2) the East Fork Irrigation District; or opportunity for public comment, the Sec- Rivers System. retary of the Interior shall administratively (3) the Mt. Hood Meadows Ski Resort. SEC. 202. WILD AND SCENIC RIVER DESIGNA- (b) EXCLUSION OF OPERATIONAL AREAS.— reclassify— TIONS, MOUNT HOOD NATIONAL Congress does not intend for the designation (A) the land described in subsection (a) as FOREST. of any portion of the Hood River under sec- public domain land that is not subject to sec- Section 3(a) of the Wild and Scenic Rivers tion 3(a) of the Wild and Scenic Rivers Act tion 201 of the Act of August 28, 1937 (43 Act (16 U.S.C. 1274(a)) is amended— (16 U.S.C. 1274(a)), as amended by this Act, to U.S.C. 1181f); and (1) by designating the undesignated para- include any portion of the operational area (B) the land described in this subsection as graph relating to the White Salmon River as of— Oregon and California Railroad Land that is paragraph (167); and (1) the Middle Fork Irrigation District; subject to the Act of August 28, 1937 (43 (2) by adding at the end the following: (2) the East Fork Irrigation District; or U.S.C. 1181a et seq.). ‘‘(168) MOUNT HOOD NATIONAL FOREST, OR- (3) the Mt. Hood Meadows Ski Resort. EGON.—The following segments in the Mount SEC. 112. VALID EXISTING RIGHTS AND WITH- TITLE III—MOUNT HOOD NATIONAL DRAWAL. Hood National Forest in the State of Oregon, RECREATION AREA (a) VALID EXISTING RIGHTS.—Nothing in to be administered by the Secretary of Agri- this Act affects any valid existing right. culture: SEC. 301. DESIGNATION. (a) DESIGNATION.—The Mount Hood Na- (b) WITHDRAWAL.—Subject to valid rights ‘‘(A) The 4.1-mile segment of the South existing on the date of enactment of this Fork of the Clackamas River from its con- tional Recreation Area shall be known and designated as the ‘‘Mount Hood National Act, the Federal land referred to in section fluence with the East Fork of the South Recreation Area’’. 102 is withdrawn from all forms of— Fork of the Clackamas to the its confluence (b) REFERENCES.—Any reference in a law, (1) appropriation; with the Clackamas River, as a scenic river. map, regulation, document, paper, or other (2) disposal under public law; ‘‘(B) The 8.5-mile segment of Eagle Creek record of the United States to the Mount (3) location, entry, and patent under min- from its headwaters to the Mount Hood Na- Hood National Recreation Area shall be ing law; and tional Forest boundary, of which— deemed to be a reference to the Mount Hood (4) disposition under all laws pertaining to ‘‘(i) the 6.7-mile segment from its head- National Recreation Area. mineral and geothermal leasing or mineral waters to the west section line of T. 3 S., R. (c) BOUNDARY.— materials. 6 E., sec. 20, as a wild river; and (1) IN GENERAL.—The Mount Hood National SEC. 113. MAINTENANCE AND REPLACEMENT OF ‘‘(ii) the remaining 1.8-mile segment from Recreation Area shall consist of land located FOOT BRIDGES IN WILDERNESS that section line, as a recreational river. within the boundary depicted on the map en- AREAS. ‘‘(C) The 3.7-mile segment of the Middle titled ‘‘Mount Hood National Recreation (a) IN GENERAL.—In the case of each wil- Fork of the Hood River from the confluence Area’’, dated September 2006. derness area designated or expanded by sec- of Clear and Coe Branches to the Mount (2) AVAILABILITY OF MAP.—The map shall tion 102, it is the intent of Congress that the Hood National Forest boundary of sec. 11 and be on file and available for public inspection Secretary be able to provide for— 12 in T. 1 S., R. 9 and 10 E., as a scenic river. in the appropriate offices of the Forest Serv- (1) the maintenance of any foot bridge ‘‘(D) The 4.6-mile segment of the South ice and Bureau of Land Management. crossing located in a wilderness area; and Fork Roaring River from its headwaters to (d) ADMINISTRATION.—The Secretary shall (2) when needed, the replacement of the its confluence with Roaring River, as a wild administer the Mount Hood National Recre- foot bridge crossings to ensure public access river. ation Area in accordance with the laws, and safety. ‘‘(E) The 4.3-mile segment of the Zig Zag rules, and regulations applicable to the na- (b) MINIMUM TOOL POLICIES.—The Sec- River from its headwaters to the Mount tional forests for public outdoor recreation— retary shall carry out foot bridge replace- Hood Wilderness boundary, as a wild river. (1) in a manner that— ment work under subsection (a) in accord- ‘‘(F) The 11.1-mile segment of Fifteenmile (A) protects and maintains— ance with the minimum tools policies of the Creek from its source at Senecal Spring to (i) the diverse recreational opportunities of Forest Service. the Mount Hood National Forest boundary, the Mount Hood National Recreation Area SEC. 114. RICHARD L. KOHNSTAMM MEMORIAL including— for public use; and AREA. ‘‘(i) the 2.6-mile segment from its source at (ii) fish and wildlife habitats; (a) DESIGNATION.—Certain Federal land Senecal Spring to the Badger Creek Wilder- (B) conserves the scenic, recreational, cul- managed by the Forest Service, comprising ness boundary, as a wild river; tural, scientific, spiritual, and other values

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.058 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9052 CONGRESSIONAL RECORD — SENATE September 6, 2006 of the Mount Hood National Recreation Area grated, multimodal transportation plan for section (a), the Secretary may consider 1 or that contribute to the benefit of the public; the Mount Hood region to achieve com- more sites. (C) preserves each feature and peculiarity prehensive solutions to transportation chal- SEC. 404. BURIAL OF POWER LINES. of the Mount Hood National Recreation Area lenges in the Mount Hood region— Because of the incongruent presence of believed to be biologically significant, in- (1) to promote appropriate economic devel- power lines adjacent to or within wilderness cluding— opment; areas, the Secretary may provide to Cascade (i) rare and endemic plant species; (2) to preserve the landscape of the Mount Locks and Hood River County $3,200,000 (ii) rare combinations of aquatic, terres- Hood region; and through the Forest Service State and Pri- trial, and atmospheric habitats; and (3) to enhance public safety. vate Forestry program to bury ground power (iii) rare combinations of outstanding and (b) PLANNING PROCESS.—The transpor- lines adjacent to or within Mount Hood Wil- diverse ecosystems and parts of associated tation plan under subsection (a) shall— derness areas, including wilderness areas ecosystems; (1) conform with Federal and Oregon trans- designated by this Act. (D) protects archeological and paleontolog- portation planning requirements; and SEC. 405. CULVERT REPLACEMENT. ical sites and interprets those sites for the (2) be developed through a collaborative (a) IN GENERAL.—The Secretary may pro- benefit of the public; process, preferably through the use of a com- vide $1,000,000 to Clackamas County to re- (E) maintains and enhances the desired mission composed of interested persons ap- place or remove culverts on the wild and sce- structural components consistent with pointed by the State, with representation nic river segments in Clackamas County, Or- Standards and Guidelines of the Northwest from the Forest Service and local govern- egon, designated by title II. Forest Plan; and ments in the Mount Hood region. (b) LIMITATION.—Culvert replacement car- (F) prevents any cutting, sale, or removal (c) SCOPE OF PLAN.—The transportation of timber except where the cutting, sale, or plan under subsection (a) shall address issues ried out by the Forest Service and removal of timber— relating to— Clackamas County to improve fish passage (i) improves the health of the forest and— (1) the transportation of individuals to and and the ecology of the wilderness designated (I) maximizes the retention of large trees from areas outside the Mount Hood region on by this Act shall not be considered water and as appropriate to the forest type, to the ex- major corridors traversing that region; and resource development. tent that those trees promote stands that (2) the transportation of individuals to and SEC. 406. CLARIFICATION OF TREATMENT OF are fire-resilient and healthy; from locations that are located within the STATE HIGHWAYS. (II) improves the habitats of threatened, Mount Hood region. (a) EXCLUSION.—Any part of Oregon State endangered, proposed, or sensitive species; (d) CONTENTS OF PLAN.—At a minimum, the Highway 35 or other any other State high- and transportation plan under subsection (a) way in existence on the date of enactment of (III) maintains or restores the composition shall consider— this Act (including all existing rights-of-way and structure of the ecosystem by reducing (1) transportation alternatives between and 150 feet on each side of the centerline, the risk of uncharacteristic wildfire effects; and among recreation areas and gateway whichever is greater, that is adjacent to or (ii) is incidental to the accomplishment of communities that are located within the within wilderness areas in the Mount Hood an approved management activity not other- Mount Hood region; National Forest, including wilderness areas wise prohibited; or (2) establishing park-and-ride facilities designated by this Act) shall be excluded (iii) is for personal or administrative use; that shall be located at gateway commu- from wilderness under this Act. and nities; (b) NO NET EFFECT.—The designation of (2) to prevent the new or temporary con- (3) establishing intermodal transportation wilderness or wild and scenic rivers under struction or reconstruction of roads, except centers to link public transportation, park- this Act or an amendment made by this Act when the new or temporary construction or ing, and recreation destinations; shall not limit or restrict the ability of the reconstruction of roads is required— (4) creating a new interchange on Oregon State— (A) to protect the health and safety of indi- State Highway 26 that shall be located adja- (1) to operate, maintain, repair, recon- viduals in cases of an imminent threat of cent to or within Government Camp; struct, protect, or make any other improve- flood, fire, or any other catastrophic event (5) designating, maintaining, and improv- ment to Oregon State Highway 35 or any that, without intervention, would cause the ing alternative routes using Forest Service other State highway in existence on the date loss of life or property; or State roads for— of enactment of this Act; (B) to conduct environmental cleanup re- (A) providing emergency routes; or (2) to use any site that is not within a quired by the Federal Government; (B) improving access to, and travel within, highway right-of-way to operate, maintain, (C) to allow for reserved or outstanding the Mount Hood region; repair, reconstruct, protect, or make any rights provided for by a statute or treaty; (6) reconstructing the segment of Oregon other improvement to those highways; or (D) to prevent irreparable resource damage State Highway 35 that is located between (3) to take any action outside of a highway by an existing road; Mineral Creek and Baseline Road to address right-of-way that is necessary to operate, (E) to rectify a hazardous road condition; ongoing debris flow locations; and maintain, repair, reconstruct, protect, or (F) as part of a Federal-aid highway (7) creating mechanisms for funding the make any other improvement to those high- project; or implementation of the transportation plan ways. (G) in conjunction with— under subsection (a), including— (c) FLOOD PLAIN.—Congress encourages the (i) the continuation, extension, or renewal (A) funds provided by the Federal Govern- carrying out of projects that will reduce the of a mineral lease on land that is under ment; impact of Oregon State Highway 35 on the lease; or (B) public-private partnerships; flood plain of the East Fork Hood River. (ii) a new mineral lease that is issued im- (C) incremental tax financing; and TITLE V—LAND EXCHANGE mediately after the expiration of an existing (D) other financing tools that link trans- mineral lease. Subtitle A—Cooper Spur-Government Camp portation infrastructure improvements with (e) CHAINSAWS.—The Secretary may use Land Exchange development. chainsaws to maintain existing trails in the SEC. 501. PURPOSE. (e) COMPLETION OF PLAN.—Not later than 2 Mount Hood National Recreation Area. years after the date on which funds are first The purpose of this subtitle is to recognize TITLE IV—TRANSPORTATION AND made available to carry out this section, the the years of work by local residents and po- COMMUNICATION SYSTEMS Secretary shall complete the transportation litical and business leaders from throughout SEC. 401. DEFINITION OF MOUNT HOOD REGION. plan under subsection (a). the States of Oregon and Washington to pro- In this title, the term ‘‘Mount Hood re- (f) AUTHORIZATION OF APPROPRIATIONS.— tect the north side of Mount Hood and bring gion’’ means— There is authorized to be appropriated to to culmination the land exchange authorized (1) Mount Hood and the other land located carry out this section $2,000,000. by section 502. adjacent to the mountain; SEC. 403. STUDY RELATING TO GONDOLA CON- SEC. 502. COOPER SPUR-GOVERNMENT CAMP (2) any segment of the Oregon State High- NECTION AND INTERMODAL TRANS- LAND EXCHANGE. way 26 corridor that is located in or near PORTATION CENTER. (a) CONVEYANCE REQUIRED.—With the ex- Mount Hood National Forest; (a) FEASIBILITY STUDY.—The Secretary ception if the Retained Conservation and (3) any segment of the Oregon State High- shall carry out a study of the feasibility of Trail Easements under subsection (j), the way 35 corridor that is located in or near establishing— Secretary shall convey to Mt. Hood Meadows Mount Hood National Forest; (1) a gondola connection that— Oreg., Limited Partnership (in this subtitle (4) each other road of the Forest Service, (A) connects Timberline Lodge to Govern- referred to as ‘Mt. Hood Meadows’), all right, State, or county that is located in and near ment Camp; and title, and interest of the United States in Mount Hood National Forest; and (B) is located in close proximity to the site and to— (5) any gateway community located adja- of the historic gondola corridor; and (1) a parcel of National Forest System land cent to any highway or road described in (2) an intermodal transportation center to in Mount Hood National Forest consisting of paragraph (2), (3), or (4). be located in close proximity to Government approximately 80 acres in Government Camp, SEC. 402. TRANSPORTATION PLAN. Camp. Clackamas County, Oregon, as depicted on (a) IN GENERAL.—The Secretary shall col- (b) CONSIDERATION OF MULTIPLE SITES.—In the map entitled ‘‘Cooper Spur-Government laborate with the State to develop an inte- carrying out the feasibility study under sub- Camp Land Exchange’’ and dated September

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.058 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9053 2006 (in this subtitle referred to as the ‘‘offi- ject to valid existing rights of third parties. exchanged under this section shall be deter- cial map’’); and In the alternative, the Secretary of Agri- mined by surveys satisfactory to the Sec- (2) a parcel of National Forest System land culture may grant substitute permit rights retary of Agriculture. The costs of such sur- in Mount Hood National Forest consisting of of equivalent utility to use other Federal vey, as well as other administrative costs in- approximately 40 acres in Government Camp, land. curred to execute the land exchange, shall be as depicted on the official map. (i) COMPLETION OF LAND EXCHANGE.—The negotiated between the Secretary and the (b) CONSIDERATION.—As consideration for Secretary of Agriculture shall complete all Port. the conveyance under subsection (a), Mt. legal and regulatory processes required in (g) EXISTING RIGHTS.—The conveyance of Hood Meadows, Meadows North, LLC, and connection with the land exchange under Federal land under this section shall be sub- North Face Inn, LLC, shall convey to the this section and complete the closing of the ject to valid existing rights of third parties. United States all right, title, and interest of land exchange not later than 16 months after In the alternative, the Secretary of Agri- these entities in and to— the date of the enactment of this Act. culture may grant substitute permit rights (1) a parcel of private land consisting of ap- (j) RETAINED CONSERVATION AND TRAIL of equivalent utility to use other Federal proximately 770 acres at Cooper Spur, as de- EASEMENTS.—In conjunction with the con- land. picted on the official map; veyance of title to Mt. Hood Meadows, the (h) COMPLETION OF LAND EXCHANGE.—The (2) all buildings, furniture, fixtures, and Secretary of Agriculture shall reserve a Con- Secretary of Agriculture shall complete all equipment at the Inn at Cooper Spur covered servation Easement to protect existing wet- legal and regulatory processes required in by the appraisal described in subsection lands on the conveyed parcels, as determined connection with the conveyances under this (c)(1); by the Oregon Department of State Lands. section and complete the closing of the con- (3) the 1,350 acre special use permit for the Alternative equivalent wetland mitigation veyances within 16 months after the date of Cooper Spur Ski Area, as depicted on the of- measures shall be allowed to compensate for the enactment of this Act. ficial map; and minor wetland encroachments necessary for SEC. 512. HUNCHBACK MOUNTAIN LAND EX- (4) all buildings, furniture, fixtures, and the orderly development of the parcels. In CHANGE, CLACKAMAS COUNTY. equipment at the Cooper Spur Ski Area cov- addition, the Secretary of Agriculture shall (a) CONVEYANCE REQUIRED.—The Secretary ered by the appraisal described in subsection reserve a Trail Easement which allows the of Agriculture shall convey to Clackamas (c)(1). non-motorized functional use by the public County, Oregon (in this section referred to as (c) APPRAISALS.— of identified existing trails located on the the ‘‘County’’), all right, title, and interest (1) IN GENERAL.—The values of the lands to conveyed parcels as depicted on the map en- of the United States in and to a parcel of Na- be exchanged under this Act shall be deter- titled ‘‘Government Camp Trail Map’’ and tional Forest System land in the Mount mined by appraisals using nationally recog- dated September 2006 as such trails may be Hood National Forest consisting of approxi- nized appraisal standards, including as ap- improved or relocated to accommodate de- mately 160 acres, as depicted on the map en- propriate— velopment of the property. The Trail Ease- titled ‘‘Hunchback Mountain Land Ex- (A) the Uniform Appraisal Standards for ment shall provide that roads, utilities and change-Clackamas County’’ and dated June Federal Land Acquisitions (1992); and infrastructure facilities may cross such 2006. (B) the Uniform Standards of Professional trails. (b) CONSIDERATION.—As consideration for Appraisal Practice. Subtitle B—Other Land Exchanges the conveyance under subsection (a), the (2) EXISTING APPRAISALS.—The Secretary SEC. 511. LAND EXCHANGE, PORT OF CASCADE County shall convey to the United States all shall review the appraisals of the land and LOCKS-PACIFIC CREST NATIONAL right, title, and interest of the County in and other property to be conveyed under sub- SCENIC TRAIL. to a parcel of land consisting of approxi- sections (a) and (b) performed in 2005 by Ap- (a) CONVEYANCE REQUIRED.—The Secretary mately 160 acres, as depicted on the map re- praiser Steven A. Hall, MAI, CCIM, for accu- of Agriculture shall convey to the Port of ferred to in subsection (a). The acquisition of racy and compliance with paragraph (1). If Cascade Locks, Cascade Locks, Oregon (in this parcel will ensure the continued integ- the Secretary determines that the appraisals this section referred to as the ‘‘Port’’), all rity of the forested land, a substantial por- are accurate and meet the requirements of right, title, and interest of the United States tion of which exceeds 120 years in age, and paragraph (1), then the Secretary may ap- in and to a parcel of National Forest System the public’s access to the parcel. prove the appraisals. land in the Columbia River Gorge National (c) EQUAL VALUE EXCHANGE.—The values of (3) TREATMENT OF EXCESS CONSIDERATION.— Scenic Area consisting of approximately 10 the land to be exchanged under this section Should the appraisal determine a difference acres, as depicted on the map entitled ‘‘Port shall be determined pursuant to an appraisal in values between the properties exchanged, of Cascade Locks-Pacific Crest National Sce- acceptable to the Secretary of Agriculture in favor of the government, excess value do- nic Trail Land Exchange’’ and dated June and the County. If the values are not equal, nated to the United States will not be 2006. they shall be equalized in the manner pro- deemed a donation for tax purposes. Dona- (b) CONSIDERATION.—As consideration for vided in section 206(b) of the Federal Land tion of non-federal land may exceed 25% of the conveyance under subsection (a), the Policy and Management Act of 1976 (43 the value of the federal land. Port shall convey to the United States all U.S.C. 1716(b)). (d) EQUAL VALUE EXCHANGE.—The values of right, title, and interest of the Port in and to (d) COMPLIANCE WITH EXISTING LAW.—Ex- the land to be exchanged under this section a parcel of land consisting of approximately cept as otherwise provided in this section, shall be determined pursuant to an appraisal 40 acres, as depicted on the map referred to the Secretary shall carry out the land ex- acceptable to the Secretary of Agriculture, in subsection (a). The acquisition of this land change under this section in the manner pro- the County and Mt. Hood Meadows Oreg., will ensure the continued integrity of the vided in section 206 of the Federal Land Pol- Limited Partnership. If the values are not Pacific Crest National Scenic Trail in the vi- icy Management Act of 1976 (43 U.S.C. 1716). equal, they shall be equalized in the manner cinity of Cascade Locks and the public’s (e) CONDITIONS ON ACCEPTANCE.—Title to provided in section 206(b) of the Federal ability to access the north Oregon entrance the non-Federal land to be acquired by the Land Policy and Management Act of 1976 (43 of the trail. Secretary of Agriculture under this section U.S.C. 1716(b)). (c) EQUAL VALUE EXCHANGE.—The values of must be acceptable to the Secretary, and the (e) COMPLIANCE WITH EXISTING LAW.—Ex- the land to be exchanged under this section conveyances shall be subject to valid exist- cept as otherwise provided in this section, shall be determined pursuant to an appraisal ing rights of record. The non-Federal land the Secretary shall carry out the land ex- acceptable to the Secretary of Agriculture shall conform with the title approval stand- change under this section in the manner pro- ards applicable to Federal land acquisitions. vided in section 206 of the Federal Land Pol- and the Port. If the values are not equal, (f) LEGAL DESCRIPTIONS.—The exact acre- icy Management Act of 1976 (43 U.S.C. 1716). they shall be equalized in the manner pro- age and legal description of the land to be (f) CONDITIONS ON ACCEPTANCE.—Title to vided in section 206(b) of the Federal Land the non-Federal land to be acquired by the Policy and Management Act of 1976 (43 exchanged under this section shall be deter- Secretary of Agriculture under this section U.S.C. 1716(b)). mined by surveys satisfactory to the Sec- must be acceptable to the Secretary, and the (d) COMPLIANCE WITH EXISTING LAW.—Ex- retary of Agriculture. The costs of any such conveyances shall be subject to valid exist- cept as otherwise provided in this section, survey, as well as other administrative costs ing rights of record. The non-Federal land the Secretary shall carry out the land ex- incurred to execute the land exchange, shall shall conform with the title approval stand- change under this section in the manner pro- be negotiated between the Secretary and the ards applicable to Federal land acquisitions. vided in section 206 of the Federal Land Pol- County. (g) LEGAL DESCRIPTIONS.—The exact acre- icy Management Act of 1976 (43 U.S.C. 1716). (g) EXISTING RIGHTS.—The conveyance of age and legal description of the land to be (e) CONDITIONS ON ACCEPTANCE.—Title to Federal land under this section shall be sub- exchanged under this section shall be deter- the non-Federal land to be acquired by the ject to valid existing rights of third parties. mined by surveys satisfactory to the Sec- Secretary of Agriculture under this section In the alternative, the Secretary of Agri- retary of Agriculture. The costs of any such must be acceptable to the Secretary, and the culture may grant substitute permit rights survey, as well as other administrative costs conveyances shall be subject to valid exist- of equivalent utility to use other Federal incurred to execute the land exchange, shall ing rights of record. The non-Federal land land. be negotiated between the Secretary and the shall conform with the title approval stand- (h) COMPLETION OF LAND EXCHANGE.—The County. ards applicable to Federal land acquisitions. Secretary of Agriculture shall complete all (h) EXISTING RIGHTS.—The conveyance of (f) LEGAL DESCRIPTIONS.—The exact acre- legal and regulatory processes required in Federal land under this section shall be sub- age and legal description of the land to be connection with the land exchange under

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.058 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9054 CONGRESSIONAL RECORD — SENATE September 6, 2006 this section and complete the closing of the SEC. 603. SUSTAINABLE BIOMASS UTILIZATION rimeter of the Crystal Springs Zone of Con- land exchange not later than 16 months after STUDY. tribution, as determined by the Crystal the date of the enactment of this Act. (a) STUDY REQUIRED.—The Secretary of Ag- Springs Water District, and other National TITLE VI—MOUNT HOOD NATIONAL riculture shall conduct a study to assess the Forest System land in and around the Inn at FOREST AND WATERSHED STEWARDSHIP amount of long-term sustainable biomass Cooper Spur and the Cooper Spur Ski Area, available in the Mount Hood National Forest as depicted on the map entitled ‘‘Crystal SEC. 601. FINDINGS AND PURPOSE. that, consistent with applicable law, could Springs Watershed Special Resources Man- The purpose of this title is to direct the be made available as a raw material for— agement Unit’’ and dated June 2006 (in this Forest Service to prepare an assessment to (1) the production of electric energy, sen- subtitle referred to as the ‘‘official map’’). promote forested landscapes resilient to cat- (b) DESIGNATION.—The special resources astrophic fire, insects, and disease, to pro- sible heat, transportation fuel, or substitutes for petroleum-based products; management unit established pursuant to tect homes and communities from property subsection (a) shall be known as the Crystal damage and threats to public safety, and to (2) dimensional lumber, fencing, framing material, poles, firewood, furniture, chips, or Springs Watershed Special Resources Man- protect and enhance existing community or agement Unit, in this title referred to as the municipal watersheds. It is the intent of pulp for paper; or (3) other commercial purposes. ‘‘Management Unit’’. Congress that site-specific forest health (c) EXCLUSION OF CERTAIN LAND.—The Man- projects undertaken pursuant to this assess- (b) DEFINITION.—In this section, the term ‘‘biomass’’ means small diameter trees and agement Unit does not include any National ment shall be completed in accordance with Forest System land otherwise covered by existing law. understory vegetation that is removed from forested land as a by-product of forest res- subsection (a) that is designated as wilder- SEC. 602. FOREST STEWARDSHIP ASSESSMENT. toration efforts. ness by title I. (a) PREPARATION OF ASSESSMENT.—The (d) WITHDRAWAL.—Subject to valid existing Secretary of Agriculture shall prepare an as- SEC. 604. WATERSHED MANAGEMENT MEMO- rights, National Forest System land included sessment to identify the forest health needs RANDA OF UNDERSTANDING. in the Management Unit are permanently in those areas of the Mount Hood National (a) COMPLETION OF MEMORANDA OF UNDER- withdrawn from all forms of appropriation Forest with a high incidence of insect or dis- STANDING.—To the extent that memoranda of under the public land laws, including the ease infestation (or both), heavily over- understanding or other legal agreements in- mining laws and mineral and geothermal stocked tree stands, or moderate-to-high volving watersheds of Mount Hood National leasing laws. risk of unnatural catastrophic wildfire for Forest do not exist between irrigation dis- (e) MAPS AND LEGAL DESCRIPTION.— the purpose of improving condition class, tricts or municipalities and the Forest Serv- (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As which significantly improves the forest ice, the Secretary of Agriculture may com- soon as practicable after the effective date health and water quality. The Secretary may plete memoranda of understanding that out- specified in section 705, the Secretary shall utilize existing information to complete the line stewardship goals to manage the water- prepare and submit to Congress a legal de- assessment. The assessment shall also iden- sheds for water quality and water quantity. scription of the Management Unit. tify specific projects to address these issues. (b) ELEMENTS OF MEMORANDUM.—A memo- (2) FORCE OF LAW.—The map referred to in (b) IMPROVED MAPPING.—The assessment randum of understanding involving a water- subsection (a) and the legal descriptions pre- will include peer reviewed mapping of condi- shed of Mount Hood National Forest shall pared under paragraph (1) shall have the tion class 2 and condition class 3 areas and encourage adaptability, establish bench- same force and effect as if included in this other areas identified in subsection (a) in marks regarding water quality and water Act, except that the Secretary may correct Mount Hood National Forest. quantity, and require monitoring to deter- technical errors in the map and legal de- (c) COMPLETION.—The Secretary of Agri- mine progress in meeting such benchmarks. scriptions. The map of the Crystal Springs culture shall complete the assessment not The memorandum of understanding may re- Zone of Contribution is incorporated in this later than 1 year after the date of enactment strict public access to areas of the watershed Act to delineate the boundaries of the Man- of this Act. where appropriate. agement Unit, and the delineation of these (d) DURATION OF STUDY.—The assessment (c) PUBLIC PROCESS REQUIRED.— boundaries is not intended to affect the spe- shall cover a 10-year period. (1) COLLABORATION AND CONSULTATION.— cific uses that may occur on private land (e) IMPLEMENTATION.—Not later than 1 year The Secretary of Agriculture shall ensure within the boundaries of the Management after completion of the assessment, the Sec- that the process by which the Secretary en- Unit. retary shall commence implementation of ters into a memorandum of understanding (3) PUBLIC AVAILABILITY.—The map referred projects to address the needs identified in with an irrigation district, local govern- to in subsection (a) and the legal descrip- the assessment. These projects shall be im- ment, or other entity involving a watershed tions prepared under paragraph (1) shall be plemented using authorities available to the of Mount Hood National Forest is based on filed and made available for public inspec- Secretary to manage the Mount Hood Na- collaboration and cooperation between the tion in the appropriate offices of the Forest tional Forest to achieve the purpose speci- Forest Service and local jurisdictions and Service. fied in subsection (a). other interested persons. SEC. 703. ADMINISTRATION OF MANAGEMENT (f) DELAY.—During development of the as- (2) PUBLIC MEETING REQUIRED.—The Sec- UNIT. sessment under this section, a forest man- retary and the other party or parties to the (a) GENERAL APPLICABILITY OF EXISTING agement project that is unaffiliated with the proposed memorandum of understanding LAWS.—Except as provided in this title, all assessment and has completed review as re- shall hold at least 1 joint public meeting be- other laws and regulations affecting Na- quired under the National Environmental fore completing a final draft of the memo- tional Forest System lands shall continue to Policy Act of 1969 (42 U.S.C. 4321 et seq.) in randum of understanding. apply to the National Forest System lands accordance with existing law, need not be de- (3) PUBLIC COMMENT.—A draft memo- included in the Management Unit. layed in the event the Secretary fails to randum of understanding shall also be open (b) AUTHORIZED ACTIVITIES.— meet the deadline specified in subsection (c). to public comment before being finalized. (1) PROCESS FOR ALLOWING ACTIVITIES.— (g) RELATION TO EXISTING LAW AND Only activities described in this subsection SEC. 605. TERMINATION OF AUTHORITY. PLANS.—Nothing in this section grants the may occur in the Management Unit, and the The authority provided by this title shall Secretary any authority to manage the Secretary of Agriculture may permit an ac- terminate on the date that is 10 years after Mount Hood National Forest contrary to ex- tivity described in this subsection to occur the date of enactment of this Act. isting law. The assessment conducted by the in the Management Unit only after the Sec- Secretary under this section shall not super- TITLE VII—CRYSTAL SPRINGS WATER- retary— sede, be considered a supplement or amend- SHED SPECIAL RESOURCES MANAGE- (A) obtains the review and opinions of the ment to, or in any way affect the legal or MENT UNIT Crystal Springs Water District regarding the regulatory authority of the Mount Hood Na- SEC. 701. FINDINGS AND PURPOSE. effect of the activity on the purposes of the tional Forest Land and Resource Manage- The purpose of this title is to establish a Management Unit; ment Plan or the collection of documents en- special resources management unit to ensure (B) complies with all applicable Federal titled ‘‘Final Supplemental Environmental protection of the quality and quantity of the law regarding development and implementa- Impact Statement and Record of Decision for Crystal Springs watershed as a clean drink- tion of the activity; and Amendments to Forest Service and Bureau ing water source for the residents of Hood (C) when appropriate, provides to the gen- of Land Management Planning Documents River County, Oregon, while also allowing eral public advance notice of the activity, an Within the Range of the Northern Spotted visitors to enjoy its special scenic, natural, opportunity to comment on the activity, and Owl’’ and ‘‘Standards and Guidelines for cultural, and wildlife values. appeal rights regarding the activity. Management of Habitat for Late-Succes- SEC. 702. ESTABLISHMENT OF CRYSTAL SPRINGS (2) RECREATION.—The Secretary may— sional and Old-Growth Forest-Related Spe- WATERSHED SPECIAL RESOURCES (A) continue to maintain recreational op- cies Within the Range of the Northern Spot- MANAGEMENT UNIT. portunities and trails, in existence in the ted Owl’’. (a) ESTABLISHMENT.—Effective as provided Management Unit as of the effective date (h) PUBLIC PARTICIPATION.—The Secretary by section 705, the Secretary of Agriculture specified in section 705, within their existing shall provide an opportunity for interested shall establish a special resources manage- and historic footprints or at an alternative persons to be involved in development of the ment unit in the State consisting of all Na- location; and assessment conducted by the Secretary tional Forest System land that is located (B) develop new footpaths or cross-county under this section. within 200 yards from any point on the pe- skiing trails in the Management Unit.

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(3) LEASE OF CERTAIN IMPROVEMENTS.—The (e) FOREST ROAD CLOSURES.—As part of the on lands encompassed by Mount Hood Na- Secretary may lease improvements and fa- management plan required by subsection (d), tional Forest shall have exclusive rights to cilities, in existence in the Management the Secretary of Agriculture may provide for gather first foods in the priority-use areas Unit as of the effective date specified in sec- the closure or gating to the general public of established pursuant to subsection (a). tion 705, within their existing and designated any Forest Service road within the Manage- (c) APPLICABLE LAW.—In considering and footprints to 1 or more concessionaires. ment Unit, except for the road commonly selecting National Forest System land for (4) ROAD MAINTENANCE.—Subject to sub- known as Cloud Cap Road. inclusion in a priority-use area under sub- section (d), the Secretary may maintain Na- (f) PRIVATE LAND.—Nothing in this section section (a), the Secretary of Agriculture tional Forest System roads, in existence in affects the use of, or access to, any private shall comply with the land and resource the Management Unit as of the effective date property within the Crystal Springs Zone of management plan for Mount Hood National specified in section 705 or as directed by the Contribution by the owners of the private Forest and applicable laws. management plan required by subsection (d). property and their guests. The Secretary is (d) DEFINITION.—In this section, the term Maintenance may include the installation of encouraged to work with interested private ‘‘first foods’’ means roots, berries, and plants culverts and drainage improvements and landowners who have voluntarily agreed to on National Forest System land in Mount other similar activities. cooperate with the Secretary to further the Hood National Forest that have been gath- (5) FUEL REDUCTION IN PROXIMITY TO IM- purposes of this title. ered for traditional and cultural purposes by PROVEMENTS AND PRIMARY PUBLIC ROADS.—To (g) RELATIONSHIP WITH WATER DISTRICT.— members of Indian tribes with treaty-re- protect the water quality, water quantity, Except as provided in this section, the Crys- served gathering rights on lands encom- scenic, cultural, historic, natural, and wild- tal Springs Water District has no authorities passed by Mount Hood National Forest. life values of the Management Unit, the Sec- over management or use of National Forest SEC. 803. FOREST SERVICE COORDINATION WITH retary may permit fuel reduction on Na- System land included in the Management STATE AND LOCAL GOVERNMENTS. tional Forest System land in the Manage- Unit. Congress encourages the Secretary of Agri- ment Unit— culture to cooperate with the State, local SEC. 704. ACQUISITION OF LANDS. (A) extending up to 400 feet from struc- communities, counties, and Indian tribes in (a) ACQUISITION AUTHORITY.—The Secretary tures on National Forest System land or the vicinity of Mount Hood National Forest, of Agriculture may acquire from willing structures on adjacent private land; and and the heads of other Federal agencies to landowners any lands located in the Crystal (B) extending up to 400 feet from the Coo- identify common ground, coordinate plan- Springs Zone of Contribution within the per Spur Road, the Cloud Cap Road, and the ning efforts around the national forest, and boundaries of Mount Hood National Forest. Cooper Spur ski area loop road. make the Federal Government a better part- Lands so acquired shall automatically be (6) OTHER FUEL REDUCTION AND FOREST ner in building cooperative and lasting solu- added to the Management Unit. HEALTH ACTIVITIES.—The Secretary may con- tions for management of Mount Hood Na- (b) PROHIBITION ON SUBSEQUENT CONVEY- duct fuel reduction and forest health man- tional Forest and non-Federal land in the vi- ANCE.—The Secretary may not sell, trade, or agement activities in the Management Unit, cinity of the national forest. with priority given to activities that restore otherwise transfer ownership of any land within the Management Unit, including any SEC. 804. SAVINGS PROVISIONS REGARDING RE- previously harvested stands, including the LATIONS WITH INDIAN TRIBES. of the land acquired under subsection (a) or removal of logging slash, smaller diameter (a) TREATY RIGHTS.—Nothing in this Act is received by the Secretary as part of the Coo- material, and ladder fuels. The purpose of intended to alter, modify, enlarge, diminish, per Spur-Government Camp land exchange any fire risk reduction or forest health man- or extinguish the treaty rights of any Indian authorized by subtitle A of title VIII and in- agement activity conducted in the Manage- tribe, including the off-reservation reserved cluded within the Management Unit, to any ment Unit shall be the maintenance and res- rights established by the Treaty of June 25, person. toration of fire-resilient forest structures 1855, with the Tribes and Bands of Middle Or- containing late successional forest structure SEC. 705. EFFECTIVE DATE. egon (12 Stat. 963). Section 702 is consistent characterized by large trees and multi-sto- The Secretary of Agriculture shall estab- with and intended to implement the gath- ried canopies (where ecologically appro- lish the Management Unit as soon as prac- ering rights reserved by such treaty. priate) and the protection of the water qual- ticable after the final closing of the Cooper (b) TRIBAL LANDS.—Nothing in this Act is ity, water quantity, scenic, cultural, his- Spur-Government Camp land exchange au- intended to affect lands held in trust by the toric, natural, and wildlife values of the thorized by subtitle A of title VIII, but in no Secretary of the Interior for Indian tribes or Management Unit. case later than 30 days after the date of the individual members of Indian tribes or other (c) SPECIFICALLY PROHIBITED ACTIVITIES.— final closing of such land exchange. The lands acquired by the Army Corps of Engi- The following activities may not occur on Management Unit may not be established be- neers and administered by the Secretary of National Forest System land in the Manage- fore final closing of the land exchange. the Interior for the benefit of Indian tribes ment Unit, whether separately or, except as TITLE VIII—LOCAL AND TRIBAL and individual members of Indian tribes. provided in paragraph (2), as part of an activ- RELATIONSHIPS (c) HUNTING AND FISHING.—Nothing in this ity authorized by subsection (b): Act is intended to affect the laws, rules, and SEC. 801. FINDINGS AND PURPOSE. (1) New road construction or renovation of regulations pertaining to hunting and fish- The purpose of this title is to recognize existing non-System roads. ing under existing State and Federal laws and support the ability of Native Americans (2) Projects undertaken for the purpose of and Indian treaties. harvesting commercial timber. The harvest to continue to gather first foods in the Mount Hood National Forest using tradi- SEC. 805. IMPROVED NATURAL DISASTER PRE- of merchantable products that are by-prod- PAREDNESS. tional methods and the central role of the ucts of activities conducted pursuant to sub- (a) IMPOSITION OF STANDARDS.—New devel- section (b)(6) and carried out pursuant to a State and local governments in management opment occurring on land conveyed by the stewardship contract are not prohibited by of issues dealing with natural and developed Secretary of Agriculture under title V or un- this subsection. environments in the vicinity of the national dertaken or otherwise permitted by the Sec- (3) Commercial livestock grazing. forest. retary of Agriculture on National Forest (4) The placement or maintenance of fuel SEC. 802. FIRST FOODS GATHERING AREAS. System land in Mount Hood National Forest storage tanks. (a) PRIORITY USE AREAS.—The Secretary of after the date of the enactment of this Act (5) The application of any toxic chemicals, Agriculture shall identify, establish, de- shall be constructed or altered in compliance including pesticides, rodenticides, herbi- velop, and manage priority-use areas in with 1 of the nationally recognized model cides, or retardants, for any purpose, except Mount Hood National Forest for the gath- building codes or wildland-urban interface with the consent of the Crystal Springs ering of first foods by members of Indian codes and with other applicable nationally Water District. tribes with treaty-reserved gathering rights recognized codes. (d) MANAGEMENT PLAN.— on lands encompassed by the national forest. (b) INCLUSION OF STANDARDS IN LAND CON- (1) PLAN REQUIRED.—Within 9 months after The priority-use areas shall be identified, es- VEYANCES.—In the case of each of the land the effective date specified in section 605, the tablished, developed, and managed in a man- conveyances described in title V, the Sec- Secretary of Agriculture shall adopt a man- ner consistent with the memorandum of un- retary shall impose the requirements of sub- agement plan for the Management Unit that, derstanding entered into between the De- section (a) as a condition on the conveyance while providing for the limited activities partment of Agriculture, the Bureau of Land of the Federal land under the conveyance. specifically authorized by subsection (b), Management, the Bureau of Indian Affairs, (c) EFFECT ON STATE AND LOCAL LAW.—To protects the watershed from illegal dumping, and the Confederated Tribes of the Warm the maximum extent feasible, the codes im- human waste, fires, vandalism, and other Springs Reservation of Oregon (in this sec- posed pursuant to subsection (a) shall be risks to water quality. tion referred to as the ‘‘Warm Springs consistent with the nationally recognized (2) CONSULTATION AND PUBLIC PARTICIPA- Tribe’’) and dated April 23, 2003, and such fur- codes adopted by the State or political sub- TION.—The Secretary shall prepare the man- ther agreements as are necessary between divisions of the State. This section shall not agement plan in consultation with the Crys- the Secretary of Agriculture and the Warm be construed to limit the power of the State tal Springs Water District, the Cooper Spur Springs Tribe to carry out the purposes of or a political subdivision of the State to im- Wild and Free Coalition, and Hood River this section. plement or enforce any law, rule, regulation, County and provide for public participation (b) PRIORITY USE.—Members of Indian or standard concerning fire prevention and as described in subsection (b)(1)(C). tribes with treaty-reserved gathering rights control.

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(d) ENFORCEMENT.—The codes imposed pur- and associations, including groups and asso- (4) COMPENSATION.—Members of the Work- suant to subsection (a) may be enforced by ciations that work with youth. ing Group shall not receive any compensa- the same entities otherwise enforcing build- (5) Law enforcement and rescue and recov- tion for their service on the Working Group. ing codes regarding new development occur- ery efforts related to public use and recre- (5) NOMINATIONS.—The State and county ring on land conveyed by the Secretary of ation, such as law enforcement at recreation governments for each county directly adja- Agriculture under title V. events, search and rescue operations, illegal cent to or containing any portion of Mount TITLE IX—RECREATION recreation activities investigations, and en- Hood National Forest may submit a nomina- SEC. 901. FINDINGS AND PURPOSE. forcement. tion to the Regional Forester for each activ- The purpose of this title is to recognize (6) Improving administration of special use ity or interest group category described in and support recreation as a dynamic social authorizations. subsection (d). and economic component of the legacy and (7) Preparation of documents required (6) BROAD AND BALANCED REPRESENTA- future of the Mount Hood National Forest. under the National Environmental Policy TION.—In appointing the members of the SEC. 902. RETENTION OF MOUNT HOOD NA- Act of 1969 (42 U.S.C. 4321 et seq.) in connec- Working Group, the Regional Forester shall TIONAL FOREST LAND USE FEES tion with the improvement or development provide for a balanced and broad representa- FROM SPECIAL USE AUTHORIZA- of recreational opportunities. tion from the recreation community. TIONS. (8) Other projects or partnerships rec- (d) COMPOSITION OF WORKING GROUP.—The (a) SPECIAL ACCOUNT.—The Secretary of ommended by the Mount Hood National For- Working Group shall be composed of 15 mem- the Treasury shall establish a special ac- est Recreation Working Group established by bers, selected so that the following activities count in the Treasury for Mount Hood Na- section 905. and interest groups are represented: tional Forest. (b) ALLOCATION REQUIREMENTS.—Of the (1) Summer non-mechanized recreation, (b) DEPOSITS.—Except as provided in sec- total funds received by the Secretary of Ag- such as hiking. tion 7 of the Act of April 24, 1950 (commonly riculture from the special account under sec- (2) Winter non-motorized recreation, such known as the Granger-Thye Act; 16 U.S.C. tion 902(c) for a fiscal year, the Secretary as snowshoeing and backcountry skiing. 580d), the National Forest Organizational shall allocate the funds as follows: (3) Mountain biking. Camp Fee Improvement Act of 2003 (title V (1) 95 percent of the funds to Mount Hood (4) Hunting and fishing. of division F of Public Law 108–107; 16 U.S.C. National Forest. (5) Summer motorized recreation, such as 6231 et seq.), Public Law 106–206 (commonly (2) 5 percent of the funds to the Regional off-highway vehicle use. known as the Commercial Filming Act; 16 Office for the Pacific Northwest Region of (6) Local environmental groups. U.S.C. 460l–d), and the Federal Lands Recre- the Forest Service to develop needed policy (7) Winter motorized recreation, such as ation Enhancement Act (title VIII of divi- and training to support programs in wilder- snowmobiling. sion J of Public Law 108–477; 16 U.S.C. 6801 et ness areas, special uses, trails, developed and (8) Permitted ski areas. seq.), all land use fees received after the date dispersed recreation, and interpretation re- (9) Forest products industry. which is 6 months after the date of enact- lated to Mount Hood National Forest. (10) Affected Indian tribes. ment of this Act from special use authoriza- SEC. 904. ANNUAL REPORTING REQUIREMENT. (11) Local holder of a recreation residence tions, such as recreation residences, resorts, permit. winter recreation resorts, communication The Secretary of Agriculture shall submit to Congress an annual report specifying— (12) Local government interests, such as a uses, and linear rights-of-way, and all other county commissioner or city mayor in an special use types issued with regard to (1) the total funds received by the Sec- retary from the special account under sec- elected position representing a county or Mount Hood National Forest shall be depos- city directly adjacent or containing any por- ited in the special account established under tion 902(c) for the preceding fiscal year; (2) how the funds were allocated and ex- tion of Mount Hood National Forest. subsection (a). (13) A resident of Government Camp. (c) AVAILABILITY.—Subject to subsection pended; and (14) The State. (d), amounts in the special account estab- (3) the results from such expenditures. (15) Operators of campground facilities lished under subsection (a) shall remain SEC. 905. MOUNT HOOD NATIONAL FOREST REC- open to the general public. available, without further appropriation and REATIONAL WORKING GROUP. (e) CHAIRPERSON.—The chairperson of the (a) ESTABLISHMENT AND PURPOSE.—The until expended, for expenditure as provided Working Group shall be selected by a major- Secretary of Agriculture shall establish the in section 903. Upon request of the Secretary ity of the Working Group. Mount Hood National Forest Recreational of Agriculture, the Secretary of the Treasury (f) OTHER WORKING GROUP AUTHORITIES AND Working Group for the purpose of providing shall transfer to the Secretary of Agri- REQUIREMENTS.— advice and recommendations to the Forest culture from the special account such funds (1) STAFF ASSISTANCE.—The Secretary of as the Secretary of Agriculture may request. Service on planning and implementing recre- Agriculture shall provide staff assistance to The Secretary shall accept and use the funds ation enhancements in Mount Hood National the Working Group from Federal employees in accordance with section 903. Forest, including advice and recommenda- under the jurisdiction of the Secretary. (d) TERMINATION OF SPECIAL ACCOUNT.—The tions regarding how the funds in the special (2) MEETINGS.—All meetings of the Work- special account required by subsection (a) account established under section 902 should ing Group shall be announced at least 1 week shall terminate at the end of the 10-year pe- be requested and expended. in advance in a local newspaper of record and UTIES.—The Working Group shall— riod beginning on the date of enactment of (b) D shall be open to the public. this Act. Any amounts remaining in the spe- (1) review projects proposed by the Sec- (3) RECORDS.—The Working Group shall cial account at the end of such period shall retary for Mount Hood National Forest maintain records of the meetings of the be transferred to the general fund of the under section 903(a); Working Group and make the records avail- Treasury. (2) propose projects under section 903(a) to able for public inspection. SEC. 903. USE OF FUNDS IN SPECIAL ACCOUNT the Secretary; (g) LIMITATION ON ADMINISTRATIVE ASSIST- TO SUPPORT RECREATION. (3) recommend the amount of funds from ANCE.—Not more than 5 percent of the funds (a) AUTHORIZED USES.—The Secretary of the special account established under section allocated under section 903(b) to Mount Hood Agriculture shall use funds received from the 902 to be used to fund projects under section National Forest for a fiscal year may be used special account under section 902(c) for the 903; and to provide administrative assistance to the following purposes related to Mount Hood (4) provide opportunities for citizens, orga- Working Group during that fiscal year. National Forest: nizations, Indian tribes, the Forest Service, (h) FEDERAL ADVISORY COMMITTEE ACT.— (1) Installation, repair, maintenance, and and other interested parties to participate The Federal Advisory Committee Act (5 facility enhancement related directly to vis- openly and meaningfully, beginning at the U.S.C. App.) shall not apply to the Working itor enjoyment, visitor access, and health early stages of the development of projects Group. and safety, such as— under section 903(a). (i) TERMINATION OF WORKING GROUP.—The (A) the improvement and maintenance of (c) APPOINTMENT.— Working Group shall terminate at the end of trails, including trails used for hiking, (1) APPOINTMENT AND TERM.—The Regional the 10-year period beginning on the date of biking, snowmobiling, horseback riding, Forester, acting on behalf of the Secretary of enactment of this Act. cross-country skiing, and off-highway vehi- Agriculture, shall appoint the members of SEC. 906. CONSIDERATION OF CONVERSION OF cles; the Working Group for a term of 3 years be- FOREST ROADS TO RECREATIONAL (B) water system improvements; and ginning on the date of appointment. A mem- USES. (C) personal sanitation facilities improve- ber may be reappointed to subsequent 3-year (a) EVALUATION OF CURRENTLY CLOSED ments. terms. ROADS.— (2) Interpretive programs, visitor informa- (2) INITIAL APPOINTMENT.—The Regional (1) CONSIDERATION FOR RECREATIONAL USE.— tion, visitor services, visitor needs assess- Forester shall make initial appointments to The Secretary of Agriculture may make a ments, mapping, signage, Leave-No-Trace the Working Group not later than 180 days determination regarding whether the Forest materials, and wilderness rangers. after the date of enactment of this Act. Service roads in Mount Hood National For- (3) Habitat restoration directly related to (3) VACANCIES.—The Regional Forester est that were selected before the date of en- recreation. shall make appointments to fill vacancies on actment of this Act for closure and decom- (4) Cooperative environmental restoration the Working Group as soon as practicable missioning, but have not yet been decommis- projects with non-Federal partnership groups after the vacancy has occurred. sioned, should be converted to recreational

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.059 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9057 uses to enhance recreational opportunities in the most turbulent periods in our his- the approximately 3.2 million S-cor- the national forest, such as conversion to tory—World War II, the Cold War, and porations in the United States. Today, single-track trails for mountain bikes and the assassinations of President John F. businesses that convert from C-cor- trails for snowmobiling, off-road vehicle use, Kennedy and Dr. Martin Luther King poration to S-corporation status are horseback riding, hiking, cross-country ski- ing, and other recreational uses. Jr. But in addition to his comic per- penalized for a period of ten years if (2) CONSIDERATION OF ENVIRONMENTAL AND sona, Lewis is also an active champion they sell assets that were held prior to ECONOMIC IMPACTS.—In evaluating the feasi- of charitable causes with an undying the conversion, even if the proceeds are bility and suitability of converting Forest commitment to finding a cure for mus- driven right back into the business. By Service roads under this subsection to rec- cular dystrophy. Mr. Lewis has served reducing the holding period subjected reational uses, and the types of recreational for five decades as the National Chair- to built-in gains tax from ten years to uses to be authorized, the Secretary shall man of the Muscular Dystrophy Asso- seven years, S-corporations will be able take into account the environmental and ciation, which is an incredible organi- to unload unneeded assets and improve economic impacts of implementing the con- version and of the resulting recreational zation dedicated to making a difference cash flow and create more jobs. uses. in the lives of countless families deal- Known as the ‘‘sting tax,’’ S-corpora- (3) PUBLIC PROCESS.—The consideration and ing with the challenges associated with tions that have converted from C-cor- selection of Forest Service roads under this muscular dystrophy. Forty years ago, poration status are taxed at the max- subsection for conversion to recreational he began the ‘‘Jerry Lewis MDA Labor imum corporate tax rate for passive in- uses, and the types of recreational uses to be Day Telethon,’’ an annual television vestment income in excess of 25 per- authorized, shall be a public process, includ- program that benefits children and cent of their gross receipts. This law is ing consultation by the Secretary of Agri- adults affected by muscular dystrophy burdensome and unfair and needs to be culture with the Mount Hood National For- est Recreational Working Group. and related neuromuscular diseases. revised. My bill will decrease the (b) FUTURE CLOSURE CONSIDERATIONS.— This year, Mr. Lewis achieved an amaz- amount of income subjected to the tax. Whenever the Secretary of Agriculture con- ing accomplishment. His annual Labor The adjustment will relieve S-corpora- siders a Forest Service road in Mount Hood Day telethon raised a record $61 mil- tions from an unnecessary tax burden National Forest for possible closure and de- lion to fight this disease. and level the playing field with C-cor- commissioning after the date of enactment In September of 1976, this great body porations and LLCs. of this Act, the Secretary shall include, as adopted a resolution expressing their Saving for retirement is important an alternative to decommissioning the road, appreciation of Jerry Lewis’ philan- for all Americans and access to retire- consideration of converting the road to rec- reational uses to enhance recreational oppor- thropic endeavors, in particular, his ment plans is critical in order to build tunities in the Mount Hood National Forest. fight to find a cure for muscular dys- wealth for an individual’s golden years. SEC. 907. IMPROVED TRAIL ACCESS FOR PER- trophy. Today, I believe a fitting acco- Unfortunately, high costs and taxes SONS WITH DISABILITIES. lade to this larger than life individual discourage many small businesses from (a) CONSTRUCTION OF TRAIL.—The Sec- would be for him to join the ranks of providing retirement plans to their em- retary of Agriculture may enter into a con- distinguished Congressional Gold ployees. Through tax equity and tax tract with a partner organization or other Medal recipients. I urge my colleagues credit measures, my bill encourages person to design and construct a trail at a to join me in congratulating Jerry small businesses to offer retirement location selected by the Secretary in Mount Lewis, supporting the fight to end Hood National Forest suitable for use by per- benefits to employees so they will have sons with disabilities. muscular dystrophy, and co-sponsoring the necessary tools to prepare for their (b) PUBLIC PROCESS.—The selection of the this important legislation. financial future. trail location under subsection (a) and the I look forward to working with my preparation of the design of the trail shall be By Mr. SMITH (for himself and colleagues on issues affecting small a public process, including consultation by Mrs. LINCOLN): businesses and urge their support of the Secretary of Agriculture with the Mount S. 3857. A bill to amend the Internal my legislation. Hood National Forest Recreational Working Revenue Code of 1986 to provide incen- I ask unanimous consent that the Group. tives to small businesses; to the Com- text of the bill be printed in the (c) FUNDING.—The Secretary of Agriculture mittee on Finance. RECORD. may use funds in the special account estab- Mr. SMITH. Mr. President, I rise lished under section 902 to carry out this sec- There being no objection, the text of tion. today to introduce the ‘‘Bringing Op- the bill was ordered to be printed in portunity to Our Small Business Tax- TITLE X—AUTHORIZATION OF the RECORD, as follows: APPROPRIATIONS payers Act,’’ or ‘‘BOOST Act.’’ I am S. 3857 pleased to be joined by my colleague SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. Be it enacted by the Senate and House of Rep- There are authorized to be appropriated Senator Blanche Lincoln of Arkansas. resentatives of the United States of America in such sums as are necessary to carry out this Small businesses represent over 99 Congress assembled, Act. percent of all employers and create ap- SECTION 1. SHORT TITLE. proximately three-fourths of the new This Act may be cited as the ‘‘Bringing Op- By Mr. MENENDEZ (for himself, jobs added to the economy. The ap- portunities to Our Small Business Taxpayers Mr. ENSIGN, and Mr. LAUTEN- proximately 23 million small busi- Act’’ or ‘‘BOOST Act’’. BERG): nesses truly are the backbone of our TITLE I—TAX FAIRNESS FOR SMALL S. 3856. A bill to authorize Congress economy. BUSINESSES to award a gold medal to Jerry Lewis, However, this important engine of SEC. 101. PERMANENT EXTENSION OF EXPENS- in recognition of his outstanding serv- job creation and growth for our econ- ING FOR SMALL BUSINESSES. ice to the Nation; to the Committee on omy is subjected to unnecessary and (a) DOLLAR LIMITATION.—Paragraph (1) of Banking, Housing, and Urban Affairs. unfair financial burdens inflicted by section 179(b) of the Internal Revenue Code Mr. MENENDEZ. Mr. President, I Federal tax policy and other laws. My of 1986, as amended by the Tax Increase Pre- rise today with my colleagues Senator bill will extend expensing provisions, vention and Reconciliation Act of 2005, is amended by striking ‘‘$25,000 ($100,000 in the ENSIGN and Senator LAUTENBERG to in- eliminate tax inequities and encourage case of taxable years beginning after 2002 and troduce legislation to award Jerry retirement plans for small businesses, before 2010)’’ and inserting ‘‘$100,000’’. Lewis with the Congressional Gold as well as provide a health insurance (b) REDUCTION IN LIMITATION.—Paragraph Medal of Honor. This well-deserved rec- tax deduction for the self-employed. (2) of section 179(b) of such Code, as amended ognition pays tribute to the many out- Current law allows small businesses by the Tax Increase Prevention and Rec- standing and enduring contributions to expense up to $100,000 of the cost of onciliation Act of 2005, is amended by strik- Jerry Lewis has made throughout his property per year and invest up to ing ‘‘$200,000 ($400,000 in the case of taxable career. $400,000 per year and still be eligible for years beginning after 2002 and before 2010)’’ Born in 1926 in Newark, NJ, this gift- expensing. My bill will make these ex- and inserting ‘‘$400,000’’. (c) INFLATION ADJUSTMENTS.—Subpara- ed comedian has been a fixture in the pensing provisions, which are set to ex- graph (A) of section 179(b)(5) of such Code, as entertainment community for more pire in 2009, permanent. amended by the Tax Increase Prevention and than five decades keeping spirits high My legislation also addresses inequi- Reconciliation Act of 2005, is amended by and Americans laughing during some of table provisions in the law that affect striking ‘‘and before 2010’’.

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(d) ELECTION.—Paragraph (2) of section (relating to definitions and special rules) is issued by a Federal Intermediate Credit 179(c) of such Code, as amended by the Tax amended to read as follows: Bank. Increase Prevention and Reconciliation Act ‘‘(7) RECOGNITION PERIOD.—The term ‘rec- ‘‘(F) COORDINATION WITH SECTION 1374.—The of 2005, is amended by striking ‘‘and before ognition period’ means the 7-year period be- amount of passive investment income shall 2010’’. ginning with the 1st day of the 1st taxable be determined by not taking into account (e) COMPUTER SOFTWARE.—Clause (ii) of year for which the corporation was an S cor- any recognized built-in gain or loss of the S section 179(d)(1)(A), as amended by the Tax poration. For purposes of applying this sec- corporation for any taxable year in the rec- Increase Prevention and Reconciliation Act tion to any amount includible in income by ognition period. Terms used in the preceding of 2005, is amended by striking ‘‘and before reason of distributions to shareholders pur- sentence shall have the same respective 2010’’. suant to section 593(e), the preceding sen- meanings as when used in section 1374.’’. SEC. 102. MODIFICATION OF CONSTRUCTION tence shall be applied without regard to the (c) OTHER CONFORMING AMENDMENTS.— CONTRACTS EXCEPTION TO PER- duration of the recognition period in effect (1) Subparagraph (J) of section 26(b)(2) of CENTAGE OF COMPLETION METHOD OF ACCOUNTING. on the date of such distribution.’’. the Internal Revenue Code of 1986 is amended (a) IN GENERAL.—Clause (ii) section (b) EFFECTIVE DATE.— by striking ‘‘25 percent’’ and inserting ‘‘60 460(e)(1)(B) of the Internal Revenue Code of (1) GENERAL RULE.—The amendment made percent’’. 1986 is amended by striking ‘‘$10,000,000’’ and by this section shall apply to any recogni- (2) Clause (i) of section 1042(c)(4)(A) of such inserting ‘‘$25,000,000’’. tion period in effect on or after the date of Code is amended by striking ‘‘section (b) EFFECTIVE DATE.—The amendments the enactment of this Act. 1362(d)(3)(C)’’ and inserting ‘‘section made by this section shall apply to contracts (2) SPECIAL APPLICATION TO EXISTING PERI- 1375(b)(3)’’. entered into after the date of the enactment ODS EXCEEDING 7 YEARS.—Any recognition pe- (3) Subparagraph (B) of section 1362(f)(1) of of this Act. riod in effect on the date of the enactment of such Code is amended by striking ‘‘or (3)’’. SEC. 103. MODIFICATION OF LOOK-BACK METHOD this Act, the length of which is greater than (4) Clause (i) of section 1375(b)(1)(A) of such FOR CERTAIN CONSTRUCTION CON- 7 years, shall end on such date. Code is amended by striking ‘‘25 percent’’ TRACTS. SEC. 202. MODIFICATION TO S CORPORATION and inserting ‘‘60 percent’’. (a) IN GENERAL.—Subparagraph (B) of sec- PASSIVE INVESTMENT INCOME (5) The heading for section 1375 of such tion 460(b)(3) of the Internal Revenue Code of RULES. Code is amended by striking ‘‘25 percent’’ and 1986 is amended to read as follows: (a) INCREASED PERCENTAGE LIMIT.—Para- inserting ‘‘60 percent’’. ‘‘(B) LOOK-BACK METHOD NOT TO APPLY TO graph (2) of section 1375(a) of the Internal (6) The item relating to section 1375 in the CERTAIN CONTRACTS.—Paragraph (1)(B) shall Revenue Code of 1986 is amended by striking table of sections for part III of subchapter S not apply to— ‘‘25 percent’’ and inserting ‘‘60 percent’’. of chapter 1 of such Code is amended by ‘‘(i) any construction contract which is— (b) REPEAL OF EXCESSIVE PASSIVE INVEST- striking ‘‘25 percent’’ and inserting ‘‘60 per- ‘‘(I) entered into by a taxpayer whose aver- MENT INCOME AS A TERMINATION EVENT.— cent’’. age annual gross receipts for the 3 taxable (1) IN GENERAL.—Section 1362(d) of the In- (d) EFFECTIVE DATE.—The amendments years preceding the taxable year in which ternal Revenue Code of 1986 is amended by made by this section shall apply to taxable such contract is completed do not exceed striking paragraph (3). years beginning after the date of the enact- $25,000,000, and (2) CONFORMING AMENDMENT.—Subsection ment of this Act. ‘‘(II) completed within 3 years of the con- tract commencement date, or (b) of section 1375 of such Code is amended by SEC. 203. NONRESIDENT ALIENS ALLOWED TO BE SHAREHOLDERS. ‘‘(ii) any other contract— striking paragraphs (3) and (4) and inserting ‘‘(I) the gross price of which (as of the com- the following new paragraph: (a) NONRESIDENT ALIENS ALLOWED TO BE pletion of the contract) does not exceed the ‘‘(3) PASSIVE INVESTMENT INCOME DE- SHAREHOLDERS.— lesser of $1,000,000 or 1 percent of the average FINED.— (1) IN GENERAL.—Paragraph (1) of section annual gross receipts of the taxpayer for the ‘‘(A) IN GENERAL.—Except as otherwise pro- 1361(b) of the Internal Revenue Code of 1986 3 taxable years preceding the taxable year in vided in this paragraph, the term ‘passive in- (defining small business corporation) is which the contract was completed, and vestment income’ means gross receipts de- amended— ‘‘(II) which is completed within 2 years of rived from royalties, rents, dividends, inter- (A) by adding ‘‘and’’ at the end of subpara- the contract commencement date. est, and annuities. graph (B), ‘‘(B) EXCEPTION FOR INTEREST ON NOTES (B) by striking subparagraph (C), and For purposes of this subparagraph, rules FROM SALES OF INVENTORY.—The term ‘pas- (C) by redesignating subparagraph (D) as similar to the rules of subsections (e)(2) and sive investment income’ shall not include in- subparagraph (C). (f)(3) shall apply.’’. terest on any obligation acquired in the ordi- (2) CONFORMING AMENDMENTS.— (b) EFFECTIVE DATE.—The amendments made by this section shall apply to contracts nary course of the corporation’s trade or (A) Paragraph (4) and (5)(A) of section completed in taxable years ending after the business from its sale of property described 1361(c) of such Code (relating to special rules date of the enactment of this Act. in section 1221(a)(1). for applying subsection (b)) are each amend- ‘‘(C) TREATMENT OF CERTAIN LENDING OR FI- ed by striking ‘‘subsection (b)(1)(D)’’ and in- SEC. 104. USE OF CASH METHOD OF ACCOUNTING FOR CERTAIN SMALL BUSINESSES. NANCE COMPANIES.—If the S corporation serting ‘‘subsection (b)(1)(C)’’. (a) IN GENERAL.—Section 446 of the Inter- meets the requirements of section 542(c)(6) (B) Clause (i) of section 280G(b)(5)(A) of nal Revenue Code of 1986 is amended by add- for the taxable year, the term ‘passive in- such Code (relating to general rule for ex- ing at the end the following new subsection: vestment income’ shall not include gross re- emption for small business corporations, ‘‘(g) USE OF CASH METHOD OF ACCOUNTING ceipts for the taxable year which are derived etc.) is amended by striking ‘‘but without re- BY CERTAIN TAXPAYERS.— directly from the active and regular conduct gard to paragraph (1)(C) thereof’’. ‘‘(1) IN GENERAL.—Notwithstanding section of a lending or finance business (as defined in (b) NONRESIDENT ALIEN SHAREHOLDER 471 and subject to such regulations as the section 542(d)(1)). TREATED AS ENGAGED IN TRADE OR BUSINESS Secretary may provide, a qualifying small ‘‘(D) TREATMENT OF CERTAIN DIVIDENDS.—If WITHIN UNITED STATES.— business taxpayer may use the cash receipts an S corporation holds stock in a C corpora- (1) IN GENERAL.—Section 875 of the Internal and disbursements method of accounting. tion meeting the requirements of section Revenue Code of 1986 is amended— ‘‘(2) QUALIFYING SMALL BUSINESS TAX- 1504(a)(2), the term ‘passive investment in- (A) by striking ‘‘and’’ at the end of para- PAYER.—For purposes of this subsection, the come’ shall not include dividends from such graph (1), term ‘qualifying small business taxpayer’ C corporation to the extent such dividends (B) by striking the period at the end of means a taxpayer which— are attributable to the earnings and profits paragraph (2) and inserting ‘‘, and’’, and ‘‘(A) meets the gross receipts test under of such C corporation derived from the active (C) by adding at the end the following new section 448(c) (determined by substituting conduct of a trade or business. paragraph: ‘$10,000,000’ for ‘$5,000,000’ each place it ap- ‘‘(E) EXCEPTION FOR BANKS, ETC.—In the ‘‘(3) a nonresident alien individual shall be pears therein), case of a bank (as defined in section 581), a considered as being engaged in a trade or ‘‘(B) is not prohibited from using the cash bank holding company (within the meaning business within the United States if the S receipts and disbursement method of ac- of section 2(a) of the Bank Holding Company corporation of which such individual is a counting under section 448, and Act of 1956 (12 U.S.C. 1841(a))), or a financial shareholder is so engaged.’’. ‘‘(C) meets the requirements described in holding company (within the meaning of sec- (2) PRO RATA SHARE OF S CORPORATION IN- section 4.01 of Revenue Procedure 2002-28.’’. tion 2(p) of such Act (12 U.S.C. 1841(p))), the COME.—The last sentence of section 1441(b) of (b) EFFECTIVE DATE.—The amendments term ‘passive investment income’ shall not such Code (relating to income items) is made by this section shall apply to taxable include— amended to read as follows: ‘‘In the case of a years beginning after the date of the enact- ‘‘(i) interest income earned by such bank nonresident alien individual who is a mem- ment of this Act. or company, or ber of a domestic partnership or a share- TITLE II—S CORPORATION PARITY ‘‘(ii) dividends on assets required to be held holder of an S corporation, the items of in- SEC. 201. REDUCED RECOGNITION PERIOD FOR by such bank or company, including stock in come referred to in subsection (a) shall be BUILT-IN GAINS. the Federal Reserve Bank, the Federal Home treated as referring to items specified in this (a) IN GENERAL.—Paragraph (7) of section Loan Bank, or the Federal Agricultural subsection included in his distributive share 1374(d) of the Internal Revenue Code of 1986 Mortgage Bank or participation certificates of the income of such partnership or in his

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.064 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9059 pro rata share of the income of such S cor- ‘‘(3) no deduction or withholding under TITLE III—PENSION PLAN INCENTIVES poration.’’. subsection (a) shall be required in the case of AND PARITY (3) APPLICATION OF WITHHOLDING TAX ON any item of income realized by such corpora- SEC. 301. CREDIT FOR QUALIFIED PENSION PLAN NONRESIDENT ALIEN SHAREHOLDERS.—Section tion and allocable to a shareholder which is CONTRIBUTIONS OF SMALL EM- 1446 of such Code (relating to withholding an electing small business trust (as defined PLOYERS. tax on foreign partners’ share of effectively in section 1361(e)).’’. (a) IN GENERAL.—Subpart D of part IV of connected income) is amended by redesig- (2) SECTION 1445.—Section 1445(e) of such subchapter A of chapter 1 of the Internal nating subsection (f) as subsection (g) and by Code (relating to special rules relating to Revenue Code of 1986 (relating to business re- inserting after subsection (e) the following distributions, etc., by corporations, partner- lated credits) is amended by adding at the new subsection: ships, trusts, or estates) is amended by re- end the following new section: ‘‘(f) S CORPORATION TREATED AS PARTNER- designating paragraph (6) as paragraph (7) ‘‘SEC. 45N. SMALL EMPLOYER PENSION PLAN SHIP, ETC.—For purposes of this section— and by inserting after paragraph (5) the fol- CONTRIBUTIONS. ‘‘(1) an S corporation shall be treated as a lowing new paragraph: ‘‘(a) GENERAL RULE.—For purposes of sec- partnership, tion 38, in the case of an eligible employer, ‘‘(6) S CORPORATION TREATED AS PARTNER- ‘‘(2) the shareholders of such corporation the small employer pension plan contribu- SHIP, ETC.—For purposes of this section— shall be treated as partners of such partner- tion credit determined under this section for ‘‘(A) an S corporation shall be treated as a ship, any taxable year is an amount equal to 50 partnership, and ‘‘(3) any reference to section 704 shall be percent of the amount which would (but for ‘‘(B) the shareholders of such corporation treated as a reference to section 1366, and subsection (f)(1)) be allowed as a deduction shall be treated as partners of such partner- ‘‘(4) no withholding tax under subsection under section 404 for such taxable year for (a) shall be required in the case of any in- ship, and qualified employer contributions made to come realized by such corporation and allo- ‘‘(C) no deduction or withholding under any qualified retirement plan on behalf of cable to a shareholder which is an electing subsection (a) shall be required in the case of any employee who is not a highly com- small business trust (as defined in section any gain realized by such corporation and al- pensated employee. 1361(e)).’’. locable to a shareholder which is an electing ‘‘(b) CREDIT LIMITED TO 3 YEARS.—The (4) CONFORMING AMENDMENTS.— small business trust (as defined in section credit allowable by this section shall be al- (A) The heading of section 875 of such Code 1361(e)).’’. lowed only with respect to the period of 3 is amended to read as follows: (d) ADDITIONAL CONFORMING AMEND- taxable years beginning with the first tax- ‘‘SEC. 875. PARTNERSHIPS; BENEFICIARIES OF MENTS.— able year for which a credit is allowable with ESTATES AND TRUSTS; S CORPORA- (1) Section 1361(c)(2)(A)(i) of the Internal respect to a plan under this section. TIONS.’’. ‘‘(c) QUALIFIED EMPLOYER CONTRIBUTION.— Revenue Code of 1986 is amended by striking For purposes of this section— (B) The heading of section 1446 of such ‘‘who is a citizen or resident of the United Code is amended to read as follows: ‘‘(1) DEFINED CONTRIBUTION PLANS.—In the States’’. case of a defined contribution plan, the term ‘‘SEC. 1446. WITHHOLDING TAX ON FOREIGN (2) Section 1361(d)(3)(B) of such Code is PARTNERS’ AND S CORPORATION ‘qualified employer contribution’ means the amended by striking ‘‘who is a citizen or SHAREHOLDERS’ SHARE OF EFFEC- amount of nonelective and matching con- resident of the United States’’. TIVELY CONNECTED INCOME.’’. tributions to the plan made by the employer (3) Section 1361(e)(2) of such Code is amend- (5) CLERICAL AMENDMENTS.— on behalf of any employee who is not a high- (A) The item relating to section 875 in the ed by inserting ‘‘(including a nonresident ly compensated employee to the extent such table of sections for subpart A of part II of alien)’’ after ‘‘person’’ the first place it ap- amount does not exceed 3 percent of such subchapter N of chapter 1 of such Code is pears. employee’s compensation from the employer amended to read as follows: (e) EFFECTIVE DATE.—The amendments for the year. ‘‘Sec. 875. Partnerships; beneficiaries of es- made by this section shall apply to taxable ‘‘(2) DEFINED BENEFIT PLANS.—In the case tates and trusts; S corpora- years beginning after the date of the enact- of a defined benefit plan, the term ‘qualified tions’’. ment of this Act. employer contribution’ means the amount of (B) The item relating to section 1446 in the employer contributions to the plan made on table of sections for subchapter A of chapter SEC. 204. EXPANSION OF S CORPORATION ELIGI- behalf of any employee who is not a highly 3 of such Code is amended to read as follows: BLE SHAREHOLDERS TO INCLUDE compensated employee to the extent that IRAS. ‘‘Sec. 1446. Withholding tax on foreign part- the accrued benefit of such employee derived ners’ and S corporation share- (a) IN GENERAL.—Clause (vi) of section from employer contributions for the year holders’ share of effectively 1361(c)(2)(A) of the Internal Revenue Code of does not exceed the equivalent (as deter- connected income’’. 1986 (relating to certain trusts permitted as mined under regulations prescribed by the Secretary and without regard to contribu- (C) PERMANENT ESTABLISHMENT OF PART- shareholders) is amended to read as follows: ‘‘(vi) A trust which constitutes an indi- tions and benefits under the Social Security NERS AND S CORPORATION SHAREHOLDERS.— Act) of 3 percent of such employee’s com- Section 894 of such Code (relating to income vidual retirement account under section 408(a), including one designated as a Roth pensation from the employer for the year. affected by treaty) is amended by redesig- ‘‘(d) QUALIFIED RETIREMENT PLAN.— IRA under section 408A.’’. nating subsection (c) as subsection (d) and by ‘‘(1) IN GENERAL.—The term ‘qualified re- inserting after subsection (b) the following (b) SALE OF STOCK IN IRA RELATING TO S tirement plan’ means any plan described in new subsection: CORPORATION ELECTION EXEMPT FROM PRO- section 401(a) which includes a trust exempt ‘‘(c) PERMANENT ESTABLISHMENT OF PART- HIBITED TRANSACTION RULES.—Paragraph (16) from tax under section 501(a) if the plan NERS AND S CORPORATION SHAREHOLDERS.—If meets— a partnership or S corporation has a perma- of section 4975(d) of the Internal Revenue ‘‘(A) the contribution requirements of nent establishment in the United States Code of 1986 (relating to exemptions) is paragraph (2), (within the meaning of a treaty to which the amended to read as follows: ‘‘(B) the vesting requirements of paragraph United States is a party) at any time during ‘‘(16) a sale of stock held by a trust which a taxable year of such entity, a nonresident constitutes an individual retirement account (3), and alien individual or foreign corporation which under section 408(a) to the individual for ‘‘(C) the distribution requirements of para- is a partner in such partnership, or a non- whose benefit such account is established graph (4). resident alien individual who is a share- if— ‘‘(2) CONTRIBUTION REQUIREMENTS.— holder in such S corporation, shall be treated ‘‘(A) such sale is pursuant to an election ‘‘(A) IN GENERAL.—The requirements of as having a permanent establishment in the under section 1362(a) by the issuer of such this paragraph are met if, under the plan— United States for purposes of such treaty.’’. stock, ‘‘(i) the employer is required to make non- (c) APPLICATION OF OTHER WITHHOLDING ‘‘(B) such sale is for fair market value at elective contributions of at least 1 percent of TAX RULES ON NONRESIDENT ALIEN SHARE- the time of sale (as established by an inde- compensation (or the equivalent thereof in HOLDERS.— pendent appraiser) and the terms of the sale the case of a defined benefit plan) for each (1) SECTION 1441.—Section 1441 of the Inter- are otherwise at least as favorable to such employee who is not a highly compensated nal Revenue Code of 1986 (relating to with- trust as the terms that would apply on a sale employee who is eligible to participate in holding of tax on nonresident aliens) is to an unrelated party, the plan, and amended by redesignating subsection (g) as ‘‘(C) such trust does not pay any commis- ‘‘(ii) allocations of nonelective employer subsection (h) and by inserting after sub- sions, costs, or other expenses in connection contributions, in the case of a defined con- section (f) the following new subsection: with the sale, and tribution plan, are either in equal dollar ‘‘(g) S CORPORATION TREATED AS PARTNER- ‘‘(D) the stock is sold in a single trans- amounts for all employees covered by the SHIP, ETC.—For purposes of this section— action for cash not later than 120 days after plan or bear a uniform relationship to the ‘‘(1) an S corporation shall be treated as a the S corporation election is made.’’. total compensation, or the basic or regular partnership, rate of compensation, of the employees cov- ‘‘(2) the shareholders of such corporation (c) EFFECTIVE DATE.—The amendments ered by the plan (and an equivalent require- shall be treated as partners of such partner- made by this section shall take effect on the ment is met with respect to a defined benefit ship, and date of the enactment of this Act. plan).

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.064 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9060 CONGRESSIONAL RECORD — SENATE September 6, 2006 ‘‘(B) COMPENSATION LIMITATION.—The com- cent of the employer contributions from S. 3861. A bill to facilitate bringing to pensation taken into account under subpara- which such benefit is derived to the extent justice terrorists and other unlawful graph (A) for any year shall not exceed the such contributions were taken into account enemy combatants through full and limitation in effect for such year under sec- in determining the credit under this section. fair trials by military commissions, ‘‘(2) REALLOCATED CONTRIBUTIONS.—Para- tion 401(a)(17). and for other purposes; read the first ‘‘(3) VESTING REQUIREMENTS.—The require- graph (1) shall not apply to any contribution ments of this paragraph are met if the plan which is reallocated by the employer under time. satisfies the requirements of either of the the plan to employees who are not highly Mr. FRIST. In 5 days we will observe following subparagraphs: compensated employees.’’. the fifth anniversary of the most vi- ‘‘(A) 3-YEAR VESTING.—A plan satisfies the (b) CREDIT ALLOWED AS PART OF GENERAL cious act of terror ever perpetrated on requirements of this subparagraph if an em- BUSINESS CREDIT.—Section 38(b) of the Inter- American soil. Nearly 3,000 fellow ployee who has completed at least 3 years of nal Revenue Code of 1986 (defining current Americans lost their lives on Sep- service has a nonforfeitable right to 100 per- year business credit) is amended by striking tember 11. cent of the employee’s accrued benefit de- ‘‘plus’’ at the end of paragraph (29), by strik- We have worked tirelessly to make ing the period at the end of paragraph (30) rived from employer contributions. America safer from terrorist attacks ‘‘(B) 5-YEAR GRADED VESTING.—A plan satis- and inserting ‘‘, plus’’, and by adding at the end the following new paragraph: and to honor the sacrifices of the vic- fies the requirements of this subparagraph if tims of 9/11 and their families. But the an employee has a nonforfeitable right to a ‘‘(31) in the case of an eligible employer (as percentage of the employee’s accrued benefit defined in section 45E(e)), the small em- fact remains that we still have more to derived from employer contributions deter- ployer pension plan contribution credit de- do. mined under the following table: termined under section 45M(a).’’ That is why Senator MCCONNELL and (c) CONFORMING AMENDMENTS.— I are proud to introduce legislation on The nonforfeitable (1) Subsection (c) of section 196 of the In- behalf of the President to bring terror- ‘‘Years of service: percentage is: ternal Revenue Code of 1986 is amended by 1 ...... 20 striking ‘‘and’’ at the end of paragraph (12), ists to justice. The bill authorizes mili- 2 ...... 40 by striking the period at the end of para- tary commissions to prosecute ter- 3 ...... 60 graph (13) and inserting ‘‘, and’’, and by add- rorist detainees and addresses the con- 4 ...... 80 ing at the end the following new paragraph: cerns raised by the Supreme Court in 5 ...... 100. ‘‘(14) the small employer pension plan con- the Hamdan decision. ‘‘(4) DISTRIBUTION REQUIREMENTS.—In the tribution credit determined under section Today, we are a nation at war. Our case of a profit-sharing or stock bonus plan, 45E(a).’’ enemies are terrorists who do not value the requirements of this paragraph are met (2) The table of sections for subpart D of democracy, freedom, or innocent life. if, under the plan, qualified employer con- part IV of subchapter A of chapter 1 of such When we capture them on the battle- tributions are distributable only as provided Code is amended by adding at the end the field, we have a right to prosecute in section 401(k)(2)(B). following new item: them for war crimes. And we must es- ‘‘(e) OTHER DEFINITIONS.—For purposes of ‘‘Sec. 45M. Small employer pension plan tablish a system that protects our na- this section— contributions’’ LIGIBLE EMPLOYER tional security while ensuring a full ‘‘(1) E .— (d) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The term ‘eligible em- made by this section shall apply to contribu- and fair trial for the detainees. ployer’ means, with respect to any year, an tions paid or incurred in taxable years begin- That is why it is imperative that we employer which has no more than 25 employ- ning after December 31, 2006. quickly move forward on this bill. By ees who received at least $5,000 of compensa- SEC. 302. DEDUCTION FOR PENSION CONTRIBU- formally establishing military commis- tion from the employer for the preceding TIONS ALLOWED IN COMPUTING sions to prosecute terrorist detainees, year. NET EARNINGS FROM SELF-EMPLOY- we are creating another tool in the war ‘‘(B) REQUIREMENT FOR NEW QUALIFIED EM- MENT. on terror—and providing a measure of (a) IN GENERAL.—Section 1402(a) of the In- PLOYER PLANS.—Such term shall not include justice to the victims of 9/11. an employer if, during the 3-taxable year pe- ternal Revenue Code of 1986 (defining net riod immediately preceding the 1st taxable earnings from self-employment) is amended Under these commissions, terrorist year for which the credit under this section by striking ‘‘and’’ at the end of paragraph detainees will get a fair trial. They will is otherwise allowable for a qualified em- (15), by striking the period at the end of be tried before impartial military ployer plan of the employer, the employer or paragraph (16) and inserting ‘‘, and’’, and by judges. They will have the right to be any member of any controlled group includ- inserting after paragraph (16) the following presumed innocent until proven guilty, ing the employer (or any predecessor of ei- new paragraph: the right to counsel, the right to ther) established or maintained a qualified ‘‘(17) any deduction allowed under section present exculpatory evidence, the right employer plan with respect to which con- 404 by reason of section 404(a)(8)(C) shall be to exclude evidence obtained through tributions were made, or benefits were ac- allowed, except that the amount of such de- duction shall be determined without regard torture or coercion, and the right to crued, for substantially the same employees appeal. as are in the qualified employer plan. to this paragraph.’’. (b) EFFECTIVE DATE.—The amendments However, these procedures also rec- ‘‘(2) HIGHLY COMPENSATED EMPLOYEE.—The term ‘highly compensated employee’ has the made by this section shall apply to taxable ognize that because we are at war, we years beginning after December 31, 2006. meaning given such term by section 414(q) should not try terrorist detainees in (determined without regard to section TITLE IV—HEALTH INSURANCE COSTS the same way as our uniformed mili- 414(q)(1)(B)(ii)). PARITY tary or common civilian criminals. The ‘‘(f) SPECIAL RULES.— SEC. 401. DEDUCTION FOR HEALTH INSURANCE procedures take great care to protect ‘‘(1) DISALLOWANCE OF DEDUCTION.—No de- COSTS ALLOWED IN COMPUTING our national security interests by pre- duction shall be allowed for that portion of NET EARNINGS FROM SELF-EMPLOY- MENT. venting disclosure of classified infor- the qualified employer contributions paid or (a) IN GENERAL.—Section 1402(a) of the In- mation to the detainees themselves. incurred for the taxable year which is equal ternal Revenue Code of 1986 (defining net I urge my colleagues to review this to the credit determined under subsection earnings from self-employment), as amended bill carefully. I will consult Chairman (a). by section 302, is amended by striking ‘‘and’’ Warner and the Armed Services Com- ‘‘(2) ELECTION NOT TO CLAIM CREDIT.—This at the end of paragraph (16), by striking the section shall not apply to a taxpayer for any mittee members to ensure the Senate period at the end of paragraph (17) and in- moves expeditiously to meet its re- taxable year if such taxpayer elects to have serting ‘‘, and’’, and by inserting after para- this section not apply for such taxable year. sponsibility to the American people. graph (17) the following new paragraph: I hope we can move forward in a spir- ‘‘(3) AGGREGATION RULES.—All persons ‘‘(18) any deduction allowed under section treated as a single employer under sub- 162(l) shall be allowed.’’. it of bipartisanship even though we are section (a) or (b) of section 52, or subsection (b) CONFORMING AMENDMENT.—Section in the middle of a partisan election (n) or (o) of section 414, shall be treated as 162(l) of the Internal Revenue Code of 1986 season. And I hope we can remain fo- one person. All eligible employer plans shall (relating to special rule for health insurance cused on the goal of making America be treated as 1 eligible employer plan. costs of self-employed individuals) is amend- safer and continuing to honor the vic- ‘‘(g) RECAPTURE OF CREDIT ON FORFEITED ed by striking paragraph (4) and by redesig- tims of 9/11. CONTRIBUTIONS.— nating paragraph (5) as paragraph (4). I ask unanimous consent that the ‘‘(1) IN GENERAL.—Except as provided in (c) EFFECTIVE DATE.—The amendments paragraph (2), if any accrued benefit which is made by this section shall apply to taxable text of the bill be printed in the forfeitable by reason of subsection (d)(3) is years beginning after December 31, 2006. RECORD. forfeited, the employer’s tax imposed by this There being no objection, the bill was chapter for the taxable year in which the for- By Mr. FRIST (for himself, Mr. ordered to be printed in the RECORD, as feiture occurs shall be increased by 35 per- MCCONNELL, and Mr. INHOFE): follows:

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.064 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9061 (The bill will be printed in a future times the national average) and its resultant when Comair Flight 5191 crashed shortly edition of the RECORD.) consequences due to their anxiety over pain, after takeoff at Blue Grass Airport in Lex- suffering, and premature death; ington, Kentucky; f Whereas the Senate and taxpayers of the Whereas 49 individuals perished in that SUBMITTED RESOLUTIONS United States desire to see treatments and tragic accident; cures for disease and would like to see re- Whereas that event brought grief not only sults from investments in research con- into the communities of Kentucky, such as SENATE RESOLUTION 557—DESIG- ducted by the National Institutes of Health Lexington, Georgetown, Somerset, London, NATING SEPTEMBER 10 and from such initiatives as the NIH Road- Harrodsburg, and Richmond, but also to map to the Future; THROUGH SEPTEMBER 16, 2006, homes throughout the United States, Can- Whereas polycystic kidney disease is a ada, and Japan; and AS ‘‘NATIONAL POLYCYSTIC KID- verifiable example of how collaboration, Whereas local volunteers and government NEY DISEASE AWARENESS technological innovation, scientific momen- WEEK’’ AND SUPPORTING THE tum, and public-private partnerships can officials responded quickly to rescue a sur- GOALS AND IDEALS OF A NA- generate therapeutic interventions that di- vivor, James Polehinke, investigate the acci- TIONAL POLYCYSTIC KIDNEY rectly benefit polycystic kidney disease suf- dent, and provide relief and recovery to the families and friends of the victims: Now, DISEASE AWARENESS WEEK TO ferers, save billions of Federal dollars under therefore, be it RAISE PUBLIC AWARENESS AND Medicare, Medicaid, and other programs for dialysis, kidney transplants, immunosup- Resolved, That the Senate— UNDERSTANDING OF POLY- pressant drugs, and related therapies, and CYSTIC KIDNEY DISEASE AND TO (1) recognizes and honors the victims of the make available several thousand openings on crash of Comair Flight 5191, including— FOSTER UNDERSTANDING OF the kidney transplant waiting list; Rebecca Adams; THE IMPACT POLYCYSTIC KID- Whereas improvements in diagnostic tech- Christina Anderson; nology and the expansion of scientific NEY DISEASE HAS ON PATIENTS Lyle Anderson; knowledge about polycystic kidney disease AND FUTURE GENERATIONS OF Arnold Andrews; THEIR FAMILIES have led to the discovery of the 3 primary genes that cause polycystic kidney disease Anne Marie Bailey; Mr. DEWINE submitted the following and the 3 primary protein products of the Bobbie Benton; resolution; which was referred to the genes and to the understanding of cell struc- Jesse Clark Benton; Committee on the Judiciary: tures and signaling pathways that cause cyst Carole Bizzack; growth that has produced multiple poly- George Brunacini; S. RES. 557 cystic kidney disease clinical drug trials; Brian Byrd; Whereas polycystic kidney disease (known Whereas there are thousands of volunteers Jeffrey Clay; as ‘‘PKD’’) is the most prevalent life-threat- nationwide who are dedicated to expanding Diane Combs; ening genetic disease in the United States, is essential research, fostering public aware- Homer Combs; a severe, dominantly inherited disease that ness and understanding of polycystic kidney Fenton Dawson; has a devastating impact, in both human and disease, educating polycystic kidney disease Thomas Fahey; economic terms, on people of all ages, and patients and their families about the disease Mike Finley; affects equally people of all races, sexes, na- to improve their treatment and care, pro- Clarence Wayne (‘‘C.W.’’) Fortney II; tionalities, geographic locations, and income viding appropriate moral support, and en- Wade Bartley (‘‘Bart’’) Frederick; levels; couraging people to become organ donors; Hollie Gilbert; Whereas, based on prevalence estimates by and Erik Harris; the National Institutes of Health, it is esti- Whereas these volunteers engage in an an- mated that about 600,000 patients in the Kelly Heyer; nual national awareness event held during Jonathan Walton Hooker; United States have a genetic inheritance the third week of September and such a week Scarlett Parsley Hooker; from 1 or both parents called polycystic kid- would be an appropriate time to recognize Priscilla Johnson; ney disease, and that countless additional National Polycystic Kidney Disease Week: friends, loved ones, spouses, and caregivers Now, therefore, be it Nahoko Kono; must shoulder the physical, emotional, and Resolved, That the Senate— Tetsuya Kono; financial burdens that polycystic kidney dis- (1) designates September 10 through Sep- Charles Lykins; ease causes; tember 16, 2006, as ‘‘National Polycystic Kid- Dan Mallory; Whereas polycystic kidney disease, for ney Disease Awareness Week’’; Steve McElravy; which there is no cure, is 1 of the 4 leading (2) supports the goals and ideals of a Na- Lynda McKee; causes of kidney failure in the United States; tional Polycystic Kidney Disease Awareness Bobby Meaux; Whereas the vast majority of polycystic Week to raise public awareness and under- Kaye Craig Morris; kidney disease patients reach kidney failure standing of polycystic kidney disease (known Leslie Morris II; at an average age of 53, causing a severe as ‘‘PKD’’); Cecile Moscoe; strain on dialysis and kidney transplan- (3) recognizes the need for additional re- Judy Ann Rains; tation resources and on the delivery of search into a cure for polycystic kidney dis- Michael N. Ryan; health care in the United States, as the larg- ease; and Mary Jane Silas; est segment of the population of the United (4) encourages the people of the United Pat Smith; States, the ‘‘baby boomers’’, continues to States and interested groups to support Na- Timothy K. Snoddy; age; tional Polycystic Kidney Awareness Week Marcie Thomason; Whereas end stage renal disease is one of through appropriate ceremonies and activi- Greg Threet; the fastest growing components of the Medi- ties to promote public awareness of poly- Randy Towles; care budget, and polycystic kidney disease cystic kidney disease and to foster under- Larry Turner; contributes to that cost by an estimated standing of the impact of the disease on pa- Victoria Washington; $2,000,000,000 annually for dialysis, kidney tients and their families. Jeff Williams; transplantation, and related therapies; f Paige Winters; Whereas polycystic kidney disease is a sys- temic disease that causes damage to the kid- SENATE RESOLUTION 558—HON- Bryan Woodward; ney and the cardiovascular, endocrine, he- ORING THE LIVES AND MEMORY JoAnn Wright; and patic, and gastrointestinal organ systems OF THE VICTIMS OF THE CRASH Betty Young; (2) conveys the most sincere condolences of and instills in patients a fear of an unknown OF COMAIR FLIGHT 5191, AND EX- future with a life-threatening genetic disease the citizens of the United States to the fami- TENDING THE MOST SINCERE lies, friends, and communities of the victims; and apprehension over possible genetic dis- CONDOLENCES OF THE CITIZENS crimination; (3) recognizes the rescue and safety work- Whereas the severity of the symptoms of OF THE UNITED STATES TO THE ers, medical personnel, and Federal, State, polycystic kidney disease and the limited FAMILIES AND FRIENDS OF and local officials who— public awareness of the disease causes many THOSE INDIVIDUALS (A) responded to the tragedy; and (B) are working— patients to live in denial and forego regular Mr. MCCONNELL (for himself and (i) to uncover the causes of that tragedy; visits to their physicians or to avoid fol- Mr. BUNNING) submitted the following and lowing good health management which resolution; which was referred to the would help avoid more severe complications (ii) to prevent future accidents; and when kidney failure occurs; Committee on the Judiciary: (4) commends the volunteers, counselors, Whereas people who have chronic, life- S. RES. 558 and clergy who provided support to families threatening diseases like polycystic kidney Whereas, on August 27, 2006, the Common- during the difficult days that followed Au- disease have a predisposition to depression (7 wealth of Kentucky suffered a tragic loss gust 27, 2006.

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.073 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9062 CONGRESSIONAL RECORD — SENATE September 6, 2006 AMENDMENTS SUBMITTED AND be proposed by him to the bill H.R. (A) how much money and the percentage PROPOSED 5631, making appropriations for the De- retained; (B) the purpose for which these retained SA 4890. Mr. NELSON of Nebraska sub- partment of Defense for the fiscal year ending September 30, 2007, and for funds were used; mitted an amendment intended to be pro- (C) a justification for the purpose for which posed by him to the bill H.R. 5631, making other purposes; which was ordered to these funds were spent; and appropriations for the Department of De- lie on the table; as follows: (D) the authority by which the agency re- fense for the fiscal year ending September 30, At the end of title VIII, add the following: tained the funds. 2007, and for other purposes; which was or- SEC. 8109. (a) WAIVER OF SECTION 1009 AD- dered to lie on the table. JUSTMENT.—The adjustment to become effec- SA 4892. Mr. BAUCUS submitted an SA 4891. Mr. NELSON of Nebraska sub- mitted an amendment intended to be pro- tive during fiscal year 2007 required by sec- amendment intended to be proposed by posed by him to the bill H.R. 5631, supra; tion 1009 of title 37, United States Code, in him to the bill H.R. 5631, making ap- which was ordered to lie on the table. the rates of monthly basic pay authorized propriations for the Department of De- SA 4892. Mr. BAUCUS submitted an amend- members of the uniformed services shall not fense for the fiscal year ending Sep- be made. ment intended to be proposed by him to the tember 30, 2007, and for other purposes; (b) JANUARY 1, 2007, INCREASE IN BASIC bill H.R. 5631, supra; which was ordered to lie which was ordered to lie on the table; on the table. PAY.—Effective on January 1, 2007, the rates SA 4893. Mr. ROCKEFELLER submitted an of monthly basic pay for members of the uni- as follows: amendment intended to be proposed by him formed services are increased by 2.7 percent. At the end of title VIII, add the following: to the bill H.R. 5631, supra; which was or- SEC. 8109. Of the amount appropriated or dered to lie on the table. SA 4891. Mr. NELSON of Nebraska otherwise made available by title IV under SA 4894. Mr. BAUCUS submitted an amend- submitted an amendment intended to the heading ‘‘RESEARCH, DEVELOPMENT, TEST ment intended to be proposed by him to the be proposed by him to the bill H.R. AND EVALUATION, NAVY’’, up to $1,000,000 may bill H.R. 5631, supra; which was ordered to lie 5631, making appropriations for the De- be available for the Nanotechnology Pro- on the table. gram (Pe #0601103). SA 4895. Ms. MIKULSKI (for herself, Mr. partment of Defense for the fiscal year SARBANES, and Mr. DAYTON) proposed an ending September 30, 2007, and for SA 4893. Mr. ROCKEFELLER sub- amendment to the bill H.R. 5631, supra. other purposes; which was ordered to mitted an amendment intended to be SA 4896. Mr. SANTORUM submitted an lie on the table; as follows: proposed by him to the bill H.R. 5631, amendment intended to be proposed by him At the appropriate place, insert the fol- to the bill H.R. 5631, supra; which was or- making appropriations for the Depart- dered to lie on the table. lowing: ment of Defense for the fiscal year end- SA 4897. Mr. SCHUMER submitted an SEC. ll. TRANSPARENCY IN FEDERAL FUNDING. ing September 30, 2007, and for other amendment intended to be proposed by him (a) SHORT TITLE.—This section may be purposes; which was ordered to lie on to the bill H.R. 5631, supra; which was or- cited as the ‘‘Transparency in Federal Fund- the table; as follows: dered to lie on the table. ing Act of 2006’’. On page 206, strike lines 10 through 16. SA 4898. Ms. CANTWELL submitted an (b) FINDINGS.—Congress finds that— amendment intended to be proposed by her (1) our system of Government has checks Mr. BAUCUS submitted an to the bill H.R. 5631, supra; which was or- SA 4894. and balances, and it has come to the atten- amendment intended to be proposed by dered to lie on the table. tion of Congress that executive branch de- SA 4899. Mr. VITTER (for himself and Ms. partments and their component agencies oc- him to the bill H.R. 5631, making ap- LANDRIEU) submitted an amendment in- casionally retain a portion of funds appro- propriations for the Department of De- tended to be proposed by him to the bill H.R. priated by Congress to non-Federal entities; fense for the fiscal year ending Sep- 5631, supra; which was ordered to lie on the (2) Members of Congress are required to tember 30, 2007, and for other purposes; table. provide justification for earmarks and, like- which was ordered to lie on the table; SA 4900. Mr. GRAHAM submitted an wise, the executive branch should provide as follows: amendment intended to be proposed by him justification as to why earmarked funds are to the bill H.R. 5631, supra; which was or- At the end of title VIII, add the following: used for another purpose; SEC. 8109. Of the amount appropriated or dered to lie on the table. (3) our constituents are entitled to know, SA 4901. Mr. LIEBERMAN (for himself and otherwise made available by title III under in advance, whether they will receive the full Mr. DODD) submitted an amendment in- the heading ‘‘OTHER PROCUREMENT, ARMY’’, amount of an appropriation, so they can plan tended to be proposed by him to the bill H.R. up to $1,500,000 may be available for a Con- 5631, supra; which was ordered to lie on the accordingly; voy Training Simulator for the Montana table. (4) the practice of skimming results in in- Army National Guard. SA 4902. Mr. CONRAD (for himself, Mr. creased and unintentional spending in the DORGAN, and Mr. SALAZAR) submitted an Federal bureaucracy; SA 4895. Ms. MIKULSKI (for herself, amendment intended to be proposed by him (5) the practice of widespread and unac- Mr. SARBANES, and Mr. DAYTON) pro- to the bill H.R. 5631, supra; which was or- countable skimming is likely to result in ar- posed an amendment to the bill H.R. tificially inflated appropriations requests in dered to lie on the table. 5631, making appropriations for the De- SA 4903. Mr. BAYH submitted an amend- order to account for this skimming; ment intended to be proposed by him to the (6) full transparency with respect to skim- partment of Defense for the fiscal year bill H.R. 5631, supra; which was ordered to lie ming will lead to better decision-making by ending September 30, 2007, and for on the table. Members and staff when allocating con- other purposes; as follows: SA 4904. Mr. REID (for himself, Mr. DUR- stituent request amongst departments, agen- On page 218, between lines 6 and 7, insert BIN, Mrs. BOXER, Mrs. FEINSTEIN, Mr. BAYH, cies, and accounts; and the following: Mr. KENNEDY, Mr. LAUTENBERG, Mr. CARPER, (7) accountability and transparency are vi- SEC. 8109. None of the funds appropriated Ms. MIKULSKI, Mr. KERRY, Mr. SCHUMER, Mr. tally important to the legislative process. or otherwise made available by this Act may LEVIN, Mr. HARKIN, Mrs. CLINTON, Mr. ROCKE- (c) EARMARK.—In this section— be used to enter into or carry out a contract FELLER, Mr. OBAMA, Mr. DORGAN, Mr. MENEN- (1) the term ‘‘assistance’’ means budget au- for the performance by a contractor of any DEZ, Ms. STABENOW, Mr. DAYTON, and Mr. thority, contract authority, loan authority, base operation support service at Walter DODD) proposed an amendment to the bill and other expenditures; and Reed Army Medical Hospital pursuant to a H.R. 5631, supra. (2) the term ‘‘earmark’’ means a provision private-public competition conducted under SA 4905. Mr. STEVENS (for Mr. LEVIN) pro- that specifies the identity of a non-Federal Office of Management and Budget Circular posed an amendment to the bill H.R. 2066, to entity to receive assistance and the amount A–76 that was initiated on June 13, 2000, and amend title 40, United States Code, to estab- of the assistance. has the solicitation number DADA 10–03–R– lish a Federal Acquisition Service, to replace (d) DISCLOSURE AND REPORTING.— 0001. the General Supply Fund and the Informa- (1) IN GENERAL.—Not later than January 31 tion Technology Fund with an Acquisition of each year, each cabinet-level department SA 4896. Mr. SANTORUM submitted Services Fund, and for other purposes. and independent agency that administers a an amendment intended to be proposed SA 4906. Mr. ROCKEFELLER proposed an program for which funds are provided by this by him to the bill H.R. 5631, making ap- amendment to the bill H .R. 5631, making ap- Act that contained an earmark in the pre- propriations for the Department of Defense propriations for the Department of De- ceding year shall report to Congress dis- fense for the fiscal year ending Sep- for the fiscal year ending September 30, 2007, closing whether any portion of the ear- and for other purposes. marked funds in the preceding year were re- tember 30, 2007, and for other purposes; f tained by the agency or any other organiza- which was ordered to lie on the table; as follows: TEXT OF AMENDMENTS tion tasked with distributing them. (2) CONTENTS.—A report required by this At the end of title VIII, add the following: SA 4890. Mr. NELSON of Nebraska subsection shall include an accounting of all SEC. 8109. Of the amount appropriated or submitted an amendment intended to funds retained including— otherwise made available by title IV under

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.066 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9063 the heading ‘‘RESEARCH, DEVELOPMENT, amendment intended to be proposed by Provided, That $20,000,000 of such funds is TEST, AND EVALUATION, ARMY’’, up to him to the bill H.R. 5631, making ap- available only for the establishment of a $1,000,000 may be available for legged mobil- propriations for the Department of De- unit dedicated to bringing to justice Osama ity robotic research. fense for the fiscal year ending Sep- bin Laden and other key leaders of al Qaeda: Provided further, That the Secretary of De- SA 4897. Mr. SCHUMER submitted an tember 30, 2007, and for other purposes; fense shall, not later than 60 days after the amendment intended to be proposed by which was ordered to lie on the table; date of the enactment of this Act, and every him to the bill H.R. 5631, making ap- as follows: 90 days thereafter, submit to the congres- propriations for the Department of De- At the appropriate place, add the fol- sional defense committees, the Committee fense for the fiscal year ending Sep- lowing: on International Relations of the House of tember 30, 2007, and for other purposes; SECTION . Representatives, and the Committee on For- eign Relations of the Senate a classified re- which was ordered to lie on the table; ‘‘None of the funds appropriated in this Act, or any other Act, may be used for the port on progress made by the operations in as follows: modernization of Naval and Marine Corps the global war on terrorism for which fund- At the end of title VIII, add the following: manpower, personnel, and pay information ing is provided in this Act, including an as- SEC. 8109. (a) ADDITIONAL AMOUNT FOR technology systems, including legacy sys- sessment of the likely current location of DRUG INTERDICTION AND COUNTER-DRUG AC- tems, until the Department of Defense and terrorist leaders, including Osama bin Laden TIVITIES.—The amount appropriated by title the Department of the Navy have certified and other key leaders of al Qaeda, a descrip- VI under the heading ‘‘DRUG INTERDICTION and validated that such systems selected by tion of ongoing efforts to bring to justice AND COUNTER-DRUG ACTIVITIES’’ is hereby in- the Department of Defense and Department such terrorists, a description of the coopera- creased by $700,000,000, with the amount of of the Navy for modernization are certified tion provided by the governments of any the increase designated as an emergency re- and validated by the General Accounting Of- countries assessed as likely locations of top quirement pursuant to section 402 of S. Con. fice, with notification to the Congressional leaders of al Qaeda and by other relevant Res. 83 (109th Congress), the concurrent reso- defense committees, that the funding base- countries, a description of diplomatic efforts lution on the budget for fiscal year 2007, as line and milestone schedules for each of currently being made to improve the co- made applicable in the Senate by section 7035 these systems covered by such a certification operation of any such governments, and a de- of Public Law 109–234. and validation shall include, at a minimum, scription of the status of, and strategy for (b) AVAILABILITY.—Of the amount appro- the following with respect to each system: bringing to justice, perpetrators of terrorism priated or otherwise made available by title (1) business process reengineering; (2) an including the top leadership of al Qaeda: Pro- VI under the heading ‘‘DRUG INTERDICTION analysis of alternatives, including a detailed vided further, That the Secretary of Defense AND COUNTER-DRUG ACTIVITIES’’, as increased cost comparison versus the use of the De- shall prepare such reports in consultation by subsection (a), up to an additional fense Integrated Military Human Resources with other appropriate officials with regard $700,000,000 may be available to combat the Systems (DIMHRS); (3) an economic analysis to funds appropriated under this chapter: growth of poppies in Afghanistan, to elimi- that includes a calculation of the return on Provided further, That the amount provided nate the production and trade of opium and investment; ( 4) performance measures; and, under this heading is designated as making heroin, and to prevent terrorists from using (5) an information assurance strategy con- appropriations for contingency operations the proceeds for terrorist activities in Af- sistent with the Department’s Global Infor- directly related to the global war on ter- ghanistan, Iraq, and elsewhere. mation Grid.’’ rorism, and other unanticipated defense-re- (c) SUPPLEMENT NOT SUPPLANT.—The lated operations, pursuant to section 402 of amount available under subsection (b) for SA 4900. Mr. GRAHAM submitted an H. Con. Res. 376 (109th Congress), as made ap- the purpose set forth in that subsection is in amendment intended to be proposed by plicable to the House of Representatives by addition to any other amounts available in H. Res. 818 (109th Congress) and is designated this Act for that purpose. him to the bill H.R. 5631, making ap- propriations for the Department of De- as an emergency requirement pursuant to SA 4898. Ms. CANTWELL submitted section 402 of S. Con. Res. 83 (109th Con- fense for the fiscal year ending Sep- gress), the concurrent resolution on the an amendment intended to be proposed tember 30, 2007, and for other purposes; budget for fiscal year 2007, as made applica- by her to the bill H.R. 5631, making ap- which was ordered to lie on the table; ble in the Senate by section 7035 of Public propriations for the Department of De- as follows: Law 109–234.’’ fense for the fiscal year ending Sep- At the end of title VIII, add the following: tember 30, 2007, and for other purposes; SEC. 8109. Of the amounts appropriated or SA 4903. Mr. BAYH submitted an which was ordered to lie on the table; otherwise made available by this Act, up to amendment intended to be proposed by as follows: $2,000,000 may be available for infrastructure for the Afghanistan military legal system. him to the bill H.R. 5631, making ap- At the end of title VIII, add the following: propriations for the Department of De- SEC. 8109. (a) ADDITIONAL AMOUNT FOR DE- Mr. LIEBERMAN (for him- fense for the fiscal year ending Sep- PARTMENT OF DEFENSE.—The amount appro- SA 4901. priated by this Act for the Department of self and Mr. DODD) submitted an tember 30, 2007, and for other purposes; Defense is hereby increased by $706,956,000, amendment intended to be proposed by which was ordered to lie on the table; with the amount of the increase designated him to the bill H.R. 5631, making ap- as follows: as an emergency requirement pursuant to propriations for the Department of De- At the end of title VIII, add the following: section 402 of S. Con. Res. 83 (109th Con- fense for the fiscal year ending Sep- SEC. 8109. Of the amount appropriated or gress), the concurrent resolution on the tember 30, 2007, and for other purposes; otherwise made available by title IV under budget for fiscal year 2007, as made applica- which was ordered to lie on the table; the heading ‘‘RESEARCH, DEVELOPMENT, TEST ble in the Senate by section 7035 of Public AND EVALUATION, DEFENSE-WIDE’’, up to Law 109–234. as follows: $6,000,000 may be available as follows: (b) TRANSFER TO DEPARTMENT OF HOME- At the end of title VIII, add the following: (1) $3,000,000 for bioterrorism protection re- LAND SECURITY.—The Secretary of Defense SEC. 8109. Of the amount appropriated or shall transfer the amount appropriated by otherwise made available by title IV under search (PE #0601384BP). the Act by reason of the increase made by the heading ‘‘RESEARCH, DEVELOPMENT, TEST (2) $3,000,000 for advanced protective gear subsection (a) to the Secretary of Homeland AND EVALUATION, DEFENSE-WIDE’’, up to for small-arms threats (PE #0601101E). Security, who shall deposit the amount so $1,500,000 may be available for the develop- transferred to the Research, Development, ment of a field-deployable hydrogen fueling SA 4904. Mr. REID (for himself, Mr. Acquisition and Operations subaccount of station. DURBIN, Mrs. BOXER, Mrs. FEINSTEIN, the Science and Technology account of the Mr. BAYH, Mr. KENNEDY, Mr. LAUTEN- SA 4902. Mr. CONRAD (for himself, Department of Homeland Security. The BERG, Mr. CARPER, Ms. MIKULSKI, Mr. amount so transferred shall be merged with Mr. DORGAN, and Mr. SALAZAR) sub- KERRY, Mr. SCHUMER, Mr. LEVIN, Mr. amounts in that subaccount, and shall be mitted an amendment intended to be available for the same purposes, and subject proposed by him to the bill H.R. 5631, HARKIN, Mrs. CLINTON, Mr. ROCKE- to the same conditions and limitations, as making appropriations for the Depart- FELLER, Mr. OBAMA, Mr. DORGAN, Mr. the amounts with which merged. ment of Defense for the fiscal year end- MENENDEZ, Ms. STABENOW, Mr. DAYTON, (c) AVAILABILITY OF CERTAIN FUNDS.—Of ing September 30, 2007, and for other and Mr. DODD) proposed an amendment the amount transferred under subsection (b), to the bill H.R. 5631, making appropria- not less than $100,000,000 shall be available purposes; which was ordered to lie on the table; as follows: tions for the Department of Defense for for purposes of explosives detection and the fiscal year ending September 30, countermeasures. On page 230, beginning on line 15, strike ‘‘$19,265,000’’ and all that follows through 2007, and for other purposes; as follows: SA 4899. Mr. VITTER (for himself line 16 and insert the following: ‘‘$39,265,000, At the appropriate place insert the fol- and Ms. LANDRIEU) submitted an to remain available until September 30, 2008: lowing:

VerDate Aug 31 2005 07:02 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.082 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9064 CONGRESSIONAL RECORD — SENATE September 6, 2006 SENSE OF THE SENATE ON THE NEED FOR A mittee on Banking, Housing, and SELECT COMMITTEE ON INTELLIGENCE NEW DIRECTION IN IRAQ POLICY AND IN THE Urban Affairs be authorized to meet Mr. STEVENS. Mr. President, I ask CIVILIAN LEADERSHIP OF THE DEPARTMENT during the session of the Senate on unanimous consent that the Select OF DEFENSE September 6, 2006, at 10 a.m., to con- Committee on Intelligence be author- Findings duct a hearing on ‘‘Stock Options ized to meet during the session of the (1) U.S. forces have served honorably and Backdating.’’ Senate on September 6, 2006, at 10:30 courageously in Iraq, with over 2,600 brave a.m., to hold a closed briefing. Americans having made the ultimate sac- The PRESIDING OFFICER. Without rifice and over 20,000 wounded. objection it is so ordered. THE PRESIDING OFFICER. Without (2) The current ‘‘stay the course’’ policy in COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. Iraq has made America less secure, reduced WORKS f the readiness of our troops, and burdened Mr. STEVENS. Mr. President, I ask PRIVILEGES OF THE FLOOR America’s taxpayers with over $300 billion in unanimous consent that on Wednesday, additional debt. Mr. HARKIN. Mr. President, I ask (3) With weekly attacks against American September 6, 2006, at 9:30 a.m. the Com- mittee on Environment and Public unanimous consent that Brianna and Iraqi troops at their highest levels since Rodriguez of my staff be granted floor the start of the war, and sectarian violence Works be authorized to hold an over- intensifying, it is clear that staying the sight hearing to examine Federal re- privileges for the duration of today’s course in Iraq is not a strategy for success. newable fuels programs. session. The PRESIDING OFFICER. Without Therefore it is the Sense of the Senate The PRESIDING OFFICER. Without that: objection, it is so ordered. (1) Our troops deserve and the American objection, it is so ordered. f people expect the Bush Administration to COMMITTEE ON FINANCE provide competent civilian leadership and a Mr. STEVENS. Mr. President, I ask MEASURE READ THE FIRST true strategy for success in Iraq. unanimous consent that the Com- TIME—S. 3861 (2) President Bush needs to change course in Iraq to provide a strategy for success. One mittee on Finance be authorized to Mr. STEVENS. Mr. President, I un- indication of a change of course would be to meet during the session on Wednesday, derstand there is a bill at the desk, S. replace the current Secretary of Defense. September 6, 2006, at 10 a.m., in 215 3861, and I ask for its first reading. Dirksen Senate Office Building, to hear The PRESIDING OFFICER. The SA 4905. Mr. STEVENS (for Mr. testimony at a hearing entitled, ‘‘Exec- clerk will state the bill by title. LEVIN) proposed an amendment to the utive Compensation: Backdating to the The legislative clerk read as follows: bill H.R. 2066, to amend title 40, United Future/Oversight of current issues re- A bill (S. 3861) to facilitate bringing justice States Code, to establish a Federal Ac- garding executive compensation in- to terrorists and other unlawful enemy com- quisition Service, to replace the Gen- cluding backdating of stock options; batants through full and fair trials by mili- eral Supply Fund and the Information and tax treatment of executive com- tary commissions, and for other purposes. Technology Fund with an Acquisition pensation, retirement and benefits.’’ Mr. STEVENS. Mr. President, I ask Services Fund, and for other purposes; The PRESIDING OFFICER. Without for a second reading, and in order to as follows: objection, it is so ordered. place the bill on the calendar under At the end of the bill add the following: COMMITTEE ON THE JUDICIARY rule XIV, I object to my own request. SECTION 6. DISPOSAL OF FEDERAL SURPLUS The PRESIDING OFFICER. The bill PROPERTY TO HISTORIC LIGHT STA- Mr. STEVENS. Mr. President, I ask TIONS. unanimous consent that the Com- will receive its second reading on the Section 549(c)(3)(B) of title 40, United mittee on the Judiciary be authorized next legislative day. States Code, is amended— to meet to conduct a hearing on ‘‘Ex- f (1) in clause (vii), by striking ‘‘or’’ after amining Competition in Group Health the semicolon; GENERAL SERVICES ADMINISTRA- (2) in clause (viii), by striking the period Care’’ on Wednesday, September 6, 2006, TION MODERNIZATION ACT at 11 a.m., in Dirksen Senate Office and inserting ‘‘or’’; and Mr. STEVENS. Mr. President, I ask (3) by adding at the end the following: Building room 226. ‘‘(ix) a historic light station as defined unanimous consent that the Senate under section 308(e)(2) of the National His- Witness List proceed to the immediate consider- toric Preservation Act (16 U.S.C. 470w– Panel I: The Honorable Tom Coburn, ation of calendar No. 449, H.R. 2066. 7(e)(2)), including a historic light station The PRESIDING OFFICER. The conveyed under subsection (b) of that sec- United States Senator, R–OK. Panel II: Mr. Bruce McDonald, Dep- clerk will state the bill by title. tion, notwithstanding the number of hours The legislative clerk read as follows: that the historic light station is open to the uty Assistant Attorney General, Anti- A bill (H.R. 2066) to amend title 40, United public.’’. trust Division, Department of Justice, States Code, to establish a Federal Acquisi- Washington, DC; Mr. David Wales, Dep- tion Service, to replace the General Supply SA 4906. Mr. ROCKEFELLER pro- uty Director, Bureau of Competition, posed an amendment to the bill H.R. Fund and the Information Technology Fund Federal Trade Commission, Wash- with an Acquisition Services Fund, and for 5631, making appropriations for the De- ington, DC; Dr. Mark Piasio, President, other purposes. partment of Defense for the fiscal year Pennsylvania Medical Society, Harris- There being no objection, the Senate ending September 30, 2007, and for burg, PA; Ms. Stephanie Kanwit, Amer- other purposes; as follows: proceeded to consider the bill, which ican Association of Health Plans, had been reported from the Committee On page 206, strike lines 10 through 16. Washington, DC; Dr. Edward Langston, on Homeland Security and Govern- f Chair-Elect, Board of Trustees, Amer- mental Affairs, with amendments, as AUTHORITY FOR COMMITTEES TO ican Medical Association, Chicago, IL; follows: MEET Professor David Hyman, Professor of (The parts of the bill intended to be Law, Gallowich-Huizenga Faculty COMMITTEE ON ARMED SERVICES stricken are shown in boldface brack- Mr. STEVENS. Mr. President, I ask Scholar, University of Illinois College ets and the parts of the bill intended to unanimous consent that the Com- of Law, Champaign, IL. be inserted are shown in italic.) mittee on Armed Services be author- The PRESIDING OFFICER. Without H.R. 2066 ized to meet during the session of the objection, it is so ordered. Be it enacted by the Senate and House of Rep- Senate on Wednesday, September 6, COMMITTEE ON THE JUDICIARY resentatives of the United States of America in 2006, at 10 a.m., to receive a briefing on Mr. STEVENS. Mr. President, I ask Congress assembled, the Army Field Manual on Interroga- unanimous consent that the Com- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘General tion. mittee on the Judiciary be authorized to meet to conduct a hearing on ‘‘Judi- Services Administration Modernization The PRESIDING OFFICER. Without Act’’. cial Nominations’’ on Wednesday, Sep- objection, it is so ordered. SEC. 2. FEDERAL ACQUISITION SERVICE. COMMITTEE ON BANKING, HOUSING, AND URBAN tember 6, 2006, at 2 p.m., in Dirksen (a) ESTABLISHMENT.— AFFAIRS Senate Office Building room 226. (1) IN GENERAL.—Section 303 of title 40, Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without United States Code, is amended to read as unanimous consent that the Com- objection, it is so ordered. follows:

VerDate Aug 31 2005 06:28 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.077 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9065

‘‘§ 303. Federal Acquisition Service ‘‘(2) OTHER CREDITS.—The Fund shall be (B) in the text, by striking ‘‘General Sup- ‘‘(a) ESTABLISHMENT.—There is established credited with all reimbursements, advances, ply Fund’’ and inserting ‘‘Acquisition Serv- in the General Services Administration a and refunds or recoveries relating to per- ices Fund’’. Federal Acquisition Service. The Adminis- sonal property or services procured through (6) Section 605 of such title is amended— trator of General Services shall appoint a the Fund, including— (A) in subsection (a)— Commissioner of the Federal Acquisition ‘‘(A) the net proceeds of disposal of surplus (i) in the heading, by striking ‘‘GENERAL Service, who shall be the head of the Federal personal property; and SUPPLY FUND’’ and inserting ‘‘ACQUISI- Acquisition Service. ‘‘(B) receipts from carriers and others for TION SERVICES FUND’’; and ‘‘(b) FUNCTIONS.—Subject to the direction loss of, or damage to, personal property; and (ii) in the text, by striking ‘‘General Sup- and control of the Administrator of General ‘‘(C) receipts from agencies charged fees ply Fund’’ and inserting ‘‘Acquisition Serv- Services, the Commissioner of the Federal pursuant to rates established by the Admin- ices Fund’’; and Acquisition Service shall be responsible for istrator. (B) in subsection (b)(2)— carrying out functions related to the uses for ‘‘(3) COST AND CAPITAL REQUIREMENTS.—The (i) by striking ‘‘321(f)(1)’’ and inserting which the Acquisition Services Fund is au- Administrator shall determine the cost and ‘‘321(f)’’; and thorized under section 321 of this title, in- capital requirements of the Fund for each (ii) by striking ‘‘General Supply Fund’’ and cluding any functions that were carried out fiscal year and shall develop a plan con- inserting ‘‘Acquisition Services Fund’’. by the entities known as the Federal Supply cerning such requirements in consultation SEC. 4. PROVISIONS RELATING TO ACQUISITION Service and the Federal Technology Service with the Chief Financial Officer of the Gen- PERSONNEL. and such other related functions as the Ad- eral Services Administration. Any change to Section 37 of the Office of Federal Procure- ministrator considers appropriate. the cost and capital requirements of the ment Policy Act (41 U.S.C. 433) is amended ‘‘(c) REGIONAL EXECUTIVES.—The Adminis- Fund for a fiscal year shall be approved by by adding at the end the following new sub- trator may appoint øup to five¿ Regional Ex- the Administrator. The Administrator shall sections: ecutives in the Federal Acquisition Service, establish rates to be charged agencies pro- ‘‘(i) PROVISIONS RELATING TO REEMPLOY- to carry out such functions within the Fed- vided, or to be provided, supply of personal MENT.— eral Acquisition Service as the Adminis- property and non-personal services through ‘‘(1) POLICIES AND PROCEDURES.—The head trator considers appropriate.’’. the Fund, in accordance with the plan. of each executive agency, after consultation (2) CLERICAL AMENDMENT.—The item relat- ‘‘(4) DEPOSIT OF FEES.—Fees collected by with the Administrator and the Director of ing to section 303 at the beginning of chapter the Administrator under section 313 of this the Office of Personnel Management, shall 3 of such title is amended to read as follows: title may be deposited in the Fund to be used establish policies and procedures under ‘‘303. Federal Acquisition Service.’’. for the purposes of the Fund.’’. which the agency head may reemploy in an (e) USES OF FUND.—Section 321(c) of such acquisition-related position (as described in (b) EXECUTIVE SCHEDULE COMPENSATION.— title is amended in paragraph (1)(A)— subsection (g)(1)(A)) an individual receiving Section 5316 of title 5, United States Code, is (1) by striking ‘‘and’’ at the end of clause an annuity from the Civil Service Retire- amended by striking ‘‘Commissioner, Fed- (i); ment and Disability Fund, on the basis of eral Supply Service, General Services Ad- (2) by inserting ‘‘and’’ after the semicolon such individual’s service, without dis- ministration.’’ and inserting the following: at the end of clause (ii); and continuing such annuity. The head of each ‘‘Commissioner, Federal Acquisition Serv- (3) by inserting after clause (ii) the fol- executive agency shall keep the Adminis- ice, General Services Administration.’’. lowing new clause: trator informed of the agency’s use of this (c) REFERENCES.—Any reference in any authority. other Federal law, Executive order, rule, reg- ‘‘(iii) personal services related to the pro- ‘‘(2) SERVICE NOT SUBJECT TO CSRS OR ulation, reorganization plan, or delegation of vision of information technology (as defined FERS.—An individual so reemployed shall not authority, or in any document— in section 11101(6) of this title);’’. (f) PAYMENT FOR PROPERTY AND SERV- be considered an employee for the purposes (1) to the Federal Supply Service is deemed ICES.—Section 321(d)(2)(A) of such title is of chapter 83 or 84 of title 5, United States to refer to the Federal Acquisition Service; amended— Code. (2) to the GSA Federal Technology Service (1) by striking ‘‘and’’ at the end of clause ‘‘(3) CRITERIA FOR EXERCISE OF AUTHOR- is deemed to refer to the Federal Acquisition (iv); ITY.—Polices and procedures established pur- Service; (2) by redesignating clause (v) as clause suant to this subsection shall authorize the (3) to the Commissioner of the Federal (vi); and head of the executive agency, on a case-by- Supply Service is deemed to refer to the (3) by inserting after clause (iv) the fol- case basis, to continue an annuity if— Commissioner of the Federal Acquisition lowing new clause: ‘‘(A) the unusually high or unique quali- Service; and ‘‘(v) the cost of personal services employed fications of an individual receiving an annu- (4) to the Commissioner of the GSA Fed- directly in providing information technology ity from the Civil Service Retirement and eral Technology Service is deemed to refer (as defined in section 11101(6) of this title); Disability Fund on the basis of such individ- to the Commissioner of the Federal Acquisi- and’’. ual’s service, øor tion Service. (g) TRANSFER OF UNCOMMITTED BALANCES.— ‘‘(B) a special need of the agency for the SEC. 3. ACQUISITION SERVICES FUND. Subsection (f) of section 321 of such title is services of an employee,¿ (a) ABOLISHMENT OF GENERAL SUPPLY FUND amended to read as follows: ‘‘(B) the exceptional difficulty in recruiting or AND INFORMATION TECHNOLOGY FUND.—The ‘‘(f) TRANSFER OF UNCOMMITTED BAL- retaining a qualified employee, or General Supply Fund and the Information ANCES.—Following the close of each fiscal ‘‘(C) a temporary emergency hiring need, Technology Fund in the Treasury are hereby year, after making provision for a sufficient makes the reemployment of an individual es- abolished. level of inventory of personal property to sential. (b) TRANSFERS.—Capital assets and bal- meet the needs of Federal agencies, the re- ances remaining in the General Supply Fund placement cost of motor vehicles, and other ‘‘(4) REPORTING REQUIREMENT.—The Admin- and the Information Technology Fund as in anticipated operating needs reflected in the istrator shall submit annually to the Com- existence immediately before this section cost and capital plan developed under sub- mittee on Government Reform of the House takes effect shall be transferred to the Ac- section (b), the uncommitted balance of any of Representatives and the Committee on quisition Services Fund and shall be merged funds remaining in the Fund shall be trans- Homeland Security and Governmental Af- with and be available for the purposes of the ferred to the general fund of the Treasury as fairs of the Senate a report on the use of the Acquisition Services Fund under section 321 miscellaneous receipts.’’. authority under this subsection, including of title 40, United States Code (as amended (h) CONFORMING AND CLERICAL AMEND- the number of employees reemployed under by this Act). MENTS.— authority of this subsection. (c) ASSUMPTION OF OBLIGATIONS.—Any li- (1) Section 322 of such title is repealed. ‘‘(5) SUNSET PROVISION.—The authority abilities, commitments, and obligations of (2) The heading for section 321 of such title under this subsection shall expire on øDe- the General Supply Fund and the Informa- is amended to read as follows: cember 31, 2011.¿ December 31, 2011.’’. ø tion Technology Fund as in existence imme- ‘‘§ 321. Acquisition Services Fund’’. ‘‘(j) RETENTION BONUSES.— diately before this section takes effect shall ø‘‘(1) IN GENERAL.—The head of each execu- (3) The table of sections for chapter 3 of tive agency, after consultation with the Ad- be assumed by the Acquisition Services such title is amended by striking the items Fund. ministrator, shall establish policies and pro- relating to sections 321 and 322 and inserting cedures under which the agency head may (d) EXISTENCE AND COMPOSITION OF ACQUISI- the following: TION SERVICES FUND.—Subsections (a) and (b) pay retention bonuses to employees holding ‘‘321. Acquisition Services Fund.’’. of section 321 of title 40, United States Code, acquisition-related positions (as described in are amended to read as follows: (4) Section 573 of such title is amended by subsection (g)(1)(A)) within such agency, ex- ‘‘(a) EXISTENCE.—The Acquisition Services striking ‘‘General Supply Fund’’ both places cept that the authority to pay a bonus under Fund is a special fund in the Treasury. it appears and inserting ‘‘Acquisition Serv- this subsection shall be available only if— ‘‘(b) COMPOSITION.— ices Fund’’. ø‘‘(A) the unusually high or unique quali- ‘‘(1) IN GENERAL.—The Fund is composed of (5) Section 604(b) of such title is amended— fications of an employee or a special need of amounts authorized to be transferred to the (A) in the heading, by striking ‘‘GENERAL the agency for the services of an employee Fund or otherwise made available to the SUPPLY FUND’’ and inserting ‘‘ACQUISI- makes the retention of such employee essen- Fund. TION SERVICES FUND’’; and tial; and

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.035 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9066 CONGRESSIONAL RECORD — SENATE September 6, 2006 ø‘‘(B) the agency determines that, in the conveyed under subsection (b) of that sec- (2) calls on the Federal Government, absence of such a bonus, it is likely that the tion, notwithstanding the number of hours States, localities, schools, nonprofit organi- employee would leave— that the historic light station is open to the zations, businesses, and the citizens of the ø‘‘(i) the Federal service; or public.’’. United States to observe the month with ap- ø‘‘(ii) for a different position in the Federal The amendments were ordered to be propriate programs and activities. service under conditions described in regula- engrossed and the bill to be read a f tions of the Office. ø third time. ‘‘(2) SERVICE AGREEMENTS.—(A) Payment The bill (H.R. 2066), as amended, was ORDERS FOR THURSDAY, of a bonus under this subsection shall be con- SEPTEMBER 7, 2006 tingent upon the employee entering into a read the third time and passed; as fol- written agreement with the agency to com- lows: Mr. STEVENS. Mr. President, I ask plete a period of service with the agency in (The bill will be printed in a future unanimous consent that when the Sen- return for the bonus. edition of the RECORD.) ate completes its business today, it ø‘‘(B)(i) The agreement shall include— f stand in recess until 9:30 a.m. on Thurs- ø‘‘(I) the length of the period of service re- day, September 7. I further ask that NATIONAL LIFE INSURANCE quired; following the prayer and pledge, the AWARENESS MONTH ø‘‘(II) the bonus amount; Journal of proceedings be approved to ø ‘‘(III) the manner in which the bonus will Mr. STEVENS. Mr. President, I ask date, the time for the two leaders be be paid (as described in paragraph (3)(B)); unanimous consent that the Judiciary reserved, and the Senate proceed to a and Committee be discharged from further ø‘‘(IV) any other terms and conditions of period for the transaction of morning the bonus, including the terms and condi- consideration of S. Res. 448 and the business for up to 30 minutes, with the tions governing the termination of an agree- Senate proceed to its immediate con- first 15 minutes under the control of ment. sideration. the Democratic leader or his designee ø‘‘(3) TERMS AND CONDITIONS.—A bonus The PRESIDING OFFICER. Without and the final 15 minutes under the con- under this subsection— objection, it is so ordered. The clerk re- trol of the majority leader or his des- ø ‘‘(A) may not exceed 50 percent of the port will report the resolution by title. ignee; further, that the Senate then re- basic pay of the employee; The legislative clerk read as follows: sume consideration of H.R. 5631, the ø‘‘(B) may be paid to an employee— A resolution (S. Res. 448) supporting the ø‘‘(i) in installments after completion of goals and ideals of ‘‘National Life Insurance Department of Defense appropriations specified periods of service; Awareness Month’’. bill. ø ‘‘(ii) in a single lump sum at the end of There being no objection, the Senate The PRESIDING OFFICER. Without the period of service required by the agree- objection, it is so ordered. ment; or proceeded to consider the resolution. ø‘‘(iii) in any other manner mutually Mr. STEVENS. Mr. President, I ask f agreed to by the agency and the employee; unanimous consent that the resolution PROGRAM ø‘‘(C) is not part of the basic pay of the em- be agreed to, the preamble be agreed ployee; and to, the motion to reconsider be laid Mr. STEVENS. Mr. President, speak- ø‘‘(D) may not be paid to an employee who upon the table, and that any state- ing for the leader, he believes we had a holds a position— ments relating to the resolution be full day debating the Department of ø ‘‘(i) appointment to which is by the Presi- printed in the RECORD, without inter- Defense appropriations bill. Tomorrow dent, by and with the advice and consent of vening action or debate. we will finish this bill. Therefore, Sen- the Senate; ators should expect rollcall votes ø The PRESIDING OFFICER. Without ‘‘(ii) in the Senior Executive Service as a throughout the day. The managers noncareer appointee (as such term is defined objection, it is so ordered. under section 3132(a) of title 5, United States The resolution (S. Res. 448) was should be consulted about any out- Code); or agreed to. standing amendments Senators would ø‘‘(iii) which has been excepted from the The preamble was agreed to. like to have considered. Senator competitive service by reason of its con- The resolution, with its preamble, CONRAD will be here first thing in the fidential, policy-determining, policy-mak- reads as follows: morning to offer an amendment. ing, or policy-advocating character.’’.¿ S. RES. 448 Again, we will finish this bill tomor- SEC. 5. EFFECTIVE DATE. Whereas life insurance is an essential part row, and Members should anticipate a This Act and the amendments made by of a sound financial plan; long day if needed to complete our this Act shall take effect 60 days after the Whereas life insurance provides financial work on this spending bill. date of the enactment of this Act. security for families by helping surviving f Mr. STEVENS. Mr. President, I ask members meet immediate and long-term fi- unanimous consent that the com- nancial obligations and objectives in the ORDER FOR RECESS event of a premature death in their family; mittee-reported amendments be agreed Mr. STEVENS. Mr. President, it is to, the Levin amendment be agreed to, Whereas approximately 68,000,000 United States citizens lack the adequate level of life my understanding that Senator ROCKE- the bill as amended be read the third insurance coverage needed to ensure a secure FELLER has an amendment and a state- time and passed, the motion to recon- financial future for their loved ones; ment. If there is no further business to sider be laid upon the table, and that Whereas life insurance products protect come before the Senate, I ask unani- any statements relating to the bill be against the uncertainties of life by enabling mous consent that the Senate stand in printed in the RECORD. individuals and families to manage the fi- recess under the previous order, fol- The PRESIDING OFFICER. Without nancial risks of premature death, disability, and long-term care; lowing the remarks of Senator ROCKE- objection, it is so ordered. FELLER. The committee amendments were Whereas individuals, families, and busi- nesses can benefit from professional insur- The PRESIDING OFFICER. Without agreed to. ance and financial planning advice, including objection, it is so ordered. The amendment (No. 4905) was agreed an assessment of their life insurance needs; f to, as follows: and At the end of the bill add the following: Whereas numerous groups supporting life DEPARTMENT OF DEFENSE AP- SECTION 6. DISPOSAL OF FEDERAL SURPLUS insurance have designated September 2006 as PROPRIATIONS ACT, 2007—Contin- PROPERTY TO HISTORIC LIGHT STA- ‘‘National Life Insurance Awareness Month’’ ued TIONS. as a means to encourage consumers to— Section 549(c)(3)(B) of title 40, United (1) become more aware of their life insur- Mr. ROCKEFELLER. Mr. President, I States Code, is amended— ance needs; thank the distinguished Senator from (1) in clause (vii), by striking ‘‘or’’ after (2) seek professional advice regarding life Alaska. It is late, and I understand the semicolon; insurance; and that. I rise to address something which (2) in clause (viii), by striking the period (3) take the actions necessary to achieve fi- is very important to me, and that is nancial security for their loved ones: Now and inserting ‘‘; or’’; and the Defense appropriations bill that (3) by adding at the end of the following: therefore, be it ‘‘(ix) a historic light station as defined Resolved, That the Senate— may appear to many to be insignificant under section 308(e)(2) of the National His- (1) supports the goals and ideals of ‘‘Na- boilerplate language, when, in fact, is toric Preservation Act (16 U.S.C. 470w– tional Life Insurance Awareness Month’’; not that at all. Unfortunately, the pro- 7(e)(2)), including a historic light station and vision has an enlarged significance in

VerDate Aug 31 2005 06:38 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.035 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9067 this Congress as a result of the inex- Committees, uses to provide guidance providing flexibility in the financing of plicable and unpardonable failure of and support to America’s intelligence national intelligence centers, how the Senate to do something that it has agencies, the heart of our effort to pro- those centers were to be set up, and never done before, and that is to fail to tect America’s national security. elevating the DNI Inspector General to pass intelligence authorizations for ei- At a time when our security depends a statutory position. ther fiscal year 2006 or fiscal year 2007. so heavily on good intelligence, when Those important provisions are now Section 8086 of the Defense appropria- our national security has been endan- included in this fiscal year 2007 bill, tions bill waives section 504 of the Na- gered by not depending sufficiently on and we should act on them as soon as tional Security Act of 1947 until the en- good intelligence—or maybe the intel- possible. I do not think we are going actment of the Intelligence Authoriza- ligence wasn’t good when it should to, but we should. tion Act for fiscal year 2007. What does have been—and we are in the midst of In the longer term, the Senate’s in- that mean? Section 504 provides, with reforming and modernizing our intel- ability to debate and act on this crit- limited exceptions, that no appro- ligence community, the Senate’s fail- ical legislation will have a more last- priated funds available may be obli- ure to act on this legislation is abso- ing effect on congressional oversight. gated or expended for an intelligence lutely inexplicable to this Senator and Both the 9/11 and the Robb-Silberman activity unless those funds were spe- to virtually all the Members of the In- commission on weapons of mass de- cifically authorized by Congress; there- telligence Committees. struction highlighted the importance In reporting the resolution to estab- fore, by the two Intelligence Commit- of improving oversight as a necessary lish the Intelligence Committee in May tees. component of reforming our intel- This waiver is a standard part of the 1976, since the first chairman on our ligence capabilities. Oversight. Defense appropriations bill. Until this side was the Senator from Hawaii, Mr. Congress, it has served the acceptable INOUYE, the Committee on Government The 9/11 Commission wrote: function of allowing intelligence com- Operations back then wrote the fol- Of all our recommendations, strengthening munities to begin spending money if lowing: Congressional oversight may be among the the authorization bill is not completed An essential part of the new committee’s most difficult and most important. before the beginning of the fiscal year. jurisdiction will be authorization authority In December 2004, the Senate took Under this waiver, as soon as the intel- over the intelligence activities of the De- steps to strengthen the Senate Intel- ligence authorizations for any given partment of Defense, the Department of ligence Committee by eliminating year are enacted, that authorization State, the Federal Bureau of Investigation, and the Central Intelligence Agency. With- member term limits. That had been a language would control. out this authority, the new committee would long time coming. People were limited In this Congress, however, the not be assured the practical ability to mon- to 8 years. They just began to get up to boilerplate language has become the itor the activities of these agencies. speed and then they were off. Now that substitute for legislative authorization They wrote that back then—and that has changed. It is at the discretion of of intelligence activities because the is: the majority leader and the minority majority leader, to be honest, has re- . . . to obtain full access to information leader. fused to bring the intelligence author- which the committees must have to exercise We increased our staff and strength- ization bill to the floor for the past 2 control over the budgets of agencies in order ened other procedures. But these im- years—for the past 2 years. to reduce waste and inefficiency, and to im- provements were in a sense a hollow The Senate’s failure to pass this crit- pose changes in agency practices. victory. Since enactment of the re- ical national security legislation is un- That is what they said. forms, the majority leader has emas- precedented. Last year was the first The failure of the Senate to pass in- culated the Intelligence Committee by time since the establishment of the telligence authorization for 2 years denying it the central tool to carry out congressional Intelligence Committees threatens to erode the ability of the In- oversight, and that is the annual au- that the Senate failed to pass an an- telligence Committee to carry out the thorization bill which is called for nual authorization bill. From 1978 mission assigned to it by the Senate. under the law. through 2004, the Senate had an unbro- This failure has consequences both im- The majority leader’s unwillingness ken, 27-year record of completing its mediate and long term. Our intel- to consider these bills is even more work on this critical legislation. The ligence agencies can continue exe- puzzling because of the bipartisan ef- intelligence authorization bill has been cuting the funding made available fort that has gone into their develop- rightly considered, always, must-pass through the various appropriations ment on both sides of this House. Both legislation. Regardless of who con- bills but without any guidance as to the fiscal 2006 and 2007 bills passed the trolled the Senate, regardless of who what they should do from the Intel- Intelligence Committee unanimously. controlled the White House, there was ligence Committees. Both were referred to the Armed Serv- an understanding that the programs I do not understand this. ices Committee where they were again authorized by this bill were too impor- The Appropriations Committee does approved unanimously. Last year, the tant to not have the input of the Con- an excellent job at providing resources bill was also referred to the Homeland gress through the Intelligence Commit- for the intelligence agencies, what they Security and Governmental Affairs tees. need to operate on. But the roadmap Unfortunately, because of an anony- for how the Congress expects those Committee, which suggested changes mous objection by a Republican Sen- sources to be executed comes from the that would have been included had we ator, the majority leader decided to let authorization bill—which seems to no been discussing the bill along with sug- this important national security legis- longer exist. The sensitivity and im- gestions from the administration in a lation die on the vine last year, for the portance of our Nation’s intelligence managers’ amendment. first time, and he appears intent on programs makes congressional direc- Last year’s bill and this year’s bill doing so this year again. The result of tion essential every single year. But contain legislation focused on four im- this decision by the majority leader the creation of an Office of the Direc- portant areas about which I am going will be diminished authority for intel- tor of National Intelligence in 2004, and to talk briefly. I have already men- ligence agencies to do their jobs of pro- the ongoing development of that office, tioned the numerous provisions relat- tecting Americans. It also will result makes the guidance even more impor- ing to the authority and the operation in less effective oversight, which was tant now. of the Office of the DNI, the Director of essentially the 9/11 Commission’s No. 1 The fiscal year 2006 authorization bill National Intelligence. The bill also call, and all of this at a time when the contains 17 separate provisions enhanc- contains additional provisions to foster intelligence community is undergoing ing or clarifying the authority of the and improve information sharing and the biggest restructuring in its 50-year DNI. Those provisions included addi- information access. Easy words, hard history. tional authority to promote informa- to do. The annual intelligence authoriza- tion sharing, clarifying the DNI’s role Section 310 establishes a pilot pro- tion is the primary mechanism which in managing human intelligence—all of gram giving the Intelligence Com- the Congress, through the Intelligence these, easy to say and difficult to do— mittee access to databases of other

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.093 S06SEPT1 jcorcoran on PRODPC62 with SENATE S9068 CONGRESSIONAL RECORD — SENATE September 6, 2006 nonintelligence agencies for the pur- destine detention facilities. I am at a proud of your bravery and your patri- pose of collecting intelligence on coun- loss to understand what the objection otism, and we thank you for your sac- terterrorism or weapons of mass de- to this legislation is. Maybe somebody rifice, working in silence, and in the struction. While this bill sits on the does not like the enhancement of over- shadows, against the threat that Amer- calendar, that information is now out- sight. That is our job. That is why the ica faces. side the reach of the intelligence com- committees were formed. Maybe some- (At the request of Mr. ROCKEFELLER, munity. body doesn’t want the DNI to have the following statement was ordered to Many of my colleagues have decried more authority or maybe somebody be printed in the RECORD.) the seemingly endless stream of leaks thinks the Congress should not be get- f of classified information. I join them in ting timely access to information FAILURE TO PASS AN INTEL- denouncing the leaks of sensitive ma- about intelligence programs that are so LIGENCE AUTHORIZATION BILL terial. The authorization bill includes important. But let me remind all my ∑ provisions strengthening the authority colleagues that the authorization bill Mrs. FEINSTEIN. Mr. President, I of the DNI and the Director of the CIA passed the Intelligence Committee join Vice Chairman ROCKEFELLER in to protect intelligence sources and unanimously. If somebody has a prob- calling for the Senate to take up and methods. It also includes a provision, lem with a provision, bring up the bill, pass the Intelligence Authorization Act for Fiscal Year 2007. As has been said authored by Senator WYDEN and adopt- offer an amendment, debate, and vote. ed by the committee unanimously, to That is the way the Senate works. already, this legislation is the primary increase the penalties for the unau- way in which the Congress directs the AMENDMENT NO. 4906 Nation’s 16 intelligence agencies. thorized disclosure of a covert agent. Because of the importance of getting Finally, the authorization bill con- In writing this legislation, the Com- the authorization bill enacted and be- mittee worked closely with the Direc- tains numerous provisions intended to cause I and all the members of the Sen- improve oversight of the intelligence tor of National Intelligence, or DNI, to ate Intelligence Committee have been identify new authorities needed to pro- community, both from within and from totally unable to make any headway tect our national security. The bill au- the Congress itself. on this at all now for 2 years, and be- thorizes a pilot program to allow intel- Section 408 is interesting. Section 408 cause I have concluded that it will once of the bill proposes the establishment ligence agencies to better share infor- again be ignored by the majority lead- mation that could help uncover and of a statutory inspector general for the er, I send an amendment to the desk to intelligence community. I have said thwart a terrorist; empowers the DNI strike section 8086 of the pending legis- to build information-sharing systems that. The Intelligence Reform Act of lation, the fiscal year 2007 Department across the Federal Government; and 2004 took a first step toward that end of Defense appropriations bill. creates a strong inspector general for by authorizing the Director of National The PRESIDING OFFICER. The the intelligence community. Intelligence to appoint an inspector clerk will report the amendment. The bill also requires the intelligence general within the Office of the Direc- The assistant legislative clerk read community to explain how it is com- tor. The DNI has done that, and I ap- as follows: plying with the Detainee Treatment plaud him for doing so. But the bill will Act and provide Congress with infor- strengthen that position and make it The Senator from West Virginia [Mr. ROCKEFELLER] proposes a amendment num- mation on any ‘‘alleged clandestine de- more accountable to the Congress. bered 4906. tention facilities’’ that it may be oper- Section 434 of the bill strengthens ac- ating and continues the process of in- countability further and oversight of The amendment follows: (Purpose: To strike the section specifically telligence reform begun in 2004. the technical agencies by providing It is not surprising that the creation that the heads of the National Security authorizing intelligence and intelligence- related activities) of the DNI and major organizational Agency, the National Reconnaissance On page 206, strike lines 10 through 16. changes across the Government’s na- Office, the National Geospatial-Intel- tional security apparatus left some Mr. ROCKEFELLER. Mr. President, ligence Agency are to be appointed by things undone. This Intelligence au- striking section 8086 would mean the the President with the Senate’s advice thorization bill makes a number of and consent. following: that none of the funds in small but useful changes to allow the This is in the authorization bill, and this bill could be spent for intelligence DNI and the Nation’s 16 intelligence if we were to pass it, this would become activities without an authorization agencies to operate on a day-to-day effective. I think it actually comes as a bill. I do not know how else to do it. I basis more effectively. surprise to many of my colleagues that am reluctant to take this step because These are a few of the important pro- the head of an agency with as central a I do not want our intelligence agencies visions in this legislation. But here I role in the intelligence community as to be caught without funding. But I see would like to focus on language in the the National Security Agency is not no other way to force the Senate to bill that was adopted on a bipartisan appointed with Senate confirmation. In bring into the consciousness, the cere- basis at committee. The provisions, fact, heads of the National Security bral cortexes of the various Senators, sections 304 and 307 of the bill, ensure Agency have customarily only gone that it is important to take up and that the congressional Intelligence through confirmation in connection pass authorization bills. Committees are fully informed of all with their military rank but not for This legislation is too important to intelligence activities. their appointment to the position of be allowed to languish in legislative The National Security Act of 1947 re- the Director of NSA. That is not con- limbo. I am at a loss to understand quires the President to ‘‘ensure that sidered. why the Senate cannot complete ac- the congressional intelligence commit- Section 107 of the bill, sponsored in tion. It would be in no one’s interest to tees are kept fully and currently in- committee by Senators LEVIN and not complete this, not the Senate, not formed of the intelligence activities of HAGEL, seeks to improve the timely the Congress, not the intelligence com- the United States. . .’’. flow of information to the congres- munity, nor would it be in the national Even more than other committees, sional Intelligence Committees. Simi- security interest of the United States. the Intelligence Committee relies on lar language was included in the intel- Democrats are more than willing to the executive branch to provide it with ligence reform legislation that passed quickly debate and pass much needed information. Without full and timely in the Senate in 2004 but did not sur- national security legislation. Demo- notification of intelligence programs, vive the conference. I applaud Senators crats know that it is essential that we problems, and plans, the committee LEVIN and HAGEL for their efforts with permit the men and women of the in- cannot judge whether agencies have ad- respect to this issue. telligence agencies to continue their hered to the law, nor can we judge There are other provisions requiring critical work on the front lines of the whether changes in authorities or re- specific information, including a report war in Iraq and the war on terror. sources are needed to better protect on the implementation of the Detainee In the meantime, to the men and national security. Treatment Act and a separate report women of the intelligence agencies, I It was, in fact, Congress’s lack of reg- on the possibility of existence of clan- say that we stand with you. We are ular oversight that led to the creation

VerDate Aug 31 2005 05:11 Sep 07, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.095 S06SEPT1 jcorcoran on PRODPC62 with SENATE September 6, 2006 CONGRESSIONAL RECORD — SENATE S9069 of the Senate Intelligence Committee this provision more directly—and keep the committees ‘‘fully and cur- in 1976. Following the Church Commit- makes clear that it does not allow the rently informed’’ means that all Mem- tee’s report on Executive abuses, the administration to restrict information bers will be kept informed. Congress Senate established the Committee to from the committee indefinitely as was has allowed the intelligence commu- ‘‘provide vigilant legislative oversight done with the Terrorist Surveillance nity to brief only the chairman and over the intelligence activities of the Program. vice chairman on too many programs United States to assure that such ac- The report recognized ‘‘that in ex- for too long. tivities are in conformity with the tremely rare circumstances a need to I do not need to remind my col- Constitution and laws of the United preserve essential secrecy may result leagues that full committees, not a sin- States.’’ in a decision not to impart certain sen- gle Democrat and Republican, vote to Thirty years after the Senate Intel- sitive aspects of operations or collec- authorize programs and funding. All ligence Committee was created, how- tion programs to the oversight com- Members must be informed if they are ever, it is not living up to its charge. mittees in order to protect extremely to perform their Constitutional duties. Members of the committee are not pro- sensitive intelligence sources and The pending authorization bill would vided with sufficient information on methods.’’ make one additional change to what it intelligence programs and activities to The ‘‘due regard’’ language that the means for an intelligence activity to be legislate or oversee to intelligence administration cites was intended, at authorized by Congress. community. Provisions in the stalled most, to limit briefings on the most Stemming from the wiretapping legislation—the Intelligence authoriza- sensitive aspects of operations, in ex- abuses in the 1970s and because of the tion bill—would fix this problem. tremely rare circumstances. It was also A good example of how the system special challenges to conducting over- expected that withholding this sen- fails to work is the so-called Terrorist sight of classified programs, the Na- sitive information would be a tem- Surveillance Program, which was pub- tional Security Act prohibits the use of porary measure. This language was not licly revealed last December but which appropriated funds for any intelligence intended to conceal the existence of en- had not previously been briefed to the activities unless they are authorized by tire programs from all committee committees. Congress. The pending bill would speci- According to the White House, this members. fy that an activity can only be ‘‘au- So in effect, the White House has National Security Agency program was thorized’’ if the members of the author- too sensitive to be briefed to the 15 broadly interpreted the National Secu- izing committees have been fully Senators on the committee—the 15 rity Act to void meeting its responsi- briefed on it—or given a summary in Senators hand-selected by the majority bility to inform Congress. the especially sensitive cases I de- This Intelligence authorization bill’s and minority leaders for this assign- scribed before.∑ ment. changes to the National Security Act Instead, the President and Vice close the loopholes but, in fact, are far f President decided to inform only 8 of more generous to the executive branch the 535 Members of Congress: the party than many would like. The bill ac- RECESS UNTIL 9:30 A.M. leadership in both houses and the lead- knowledges that there are times when TOMORROW ership of the two intelligence commit- not all Members have to be ‘‘fully and The PRESIDING OFFICER. Under tees. currently’’ briefed on all intelligence the previous order, the Senate stands The National Security Act does pro- matters. However, in those cases, it re- in recess until 9:30 a.m. tomorrow. vide for limited briefings to these eight quires that all committee members re- Thereupon the Senate, at 9:25 p.m., Members of Congress but only for espe- ceive a summary of the intelligence recessed until Thursday, September 7, cially sensitive covert actions. The collection or covert action in question. 2006, at 9:30 a.m. NSA program is not a covert action. This arrangement would allow the in- The administration also points to telligence agencies to protect the most f statute saying that it must take ‘‘due sensitive details of sources and meth- regard for the protection from unau- ods, but crucially, it would allow the NOMINATIONS thorized disclosure of classified infor- full committee to assess the legality, Executive nomination received by mation relating to sensitive intel- costs and benefits, and advisability of the Senate September 6, 2006: ligence sources and methods or other an intelligence operation. DEPARTMENT OF THE TREASURY exceptionally sensitive matters. . .’’ The authorization bill also changes a definition in the National Security Act ROBERT K. STEEL, OF CONNECTICUT, TO BE AN UNDER The 1980 Senate report accompanying SECRETARY OF THE DEPARTMENT OF THE TREASURY, this ‘‘due regard’’ provision explained to make clear that the requirement to VICE RANDAL QUARLES.

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