Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, TUESDAY, JULY 10, 2007 No. 109 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- Alaska—is the most mountainous called to order by the Honorable JON ator from the State of Montana, to perform State in the Union. It has 314 separate TESTER, a Senator from the State of the duties of the Chair. mountain ranges. We have 32 moun- Montana. ROBERT C. BYRD, tains over 11,000 feet high. Some of this President pro tempore. terrain, where these fires are burning, PRAYER Mr. TESTER thereupon assumed the is very difficult. The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. We share Lake Tahoe with Cali- fered the following prayer: f fornia. There was a raging fire there Let us pray. that lasted 2 weeks. It has now been RECOGNITION OF THE MAJORITY Our Father God, use our lawmakers put out. But they think that at least LEADER today as Your instruments. Give them 400 structures have burned, with 275 or Your wisdom so that they can find so- The ACTING PRESIDENT pro tem- 300 homes burned to the ground. lutions to the complex problems that pore. The majority leader is recog- On a lot of the land in Nevada not beset our Nation. Strengthen them to nized. many people live there. In spite of serve and honor You by helping the op- f that, people do live there. It is rural, pressed. Keep them from fear and frus- and fires have been raging. What has tration as You equip and empower SCHEDULE happened with the fires that have them to accomplish Your will on Mr. REID. Mr. President, we are taken place in the past, we have these Earth. going to be in a period of morning busi- species that are foreign to the high May they find Your guidance ness for an hour. The majority will deserts of Nevada. They start burning, throughout this day by seeking You in control the second half of morning they get into the low mountains, they personal prayer. When they call, an- business, the Republicans will control get into the cedars and the pines and swer their petitions with Your mighty the first half of morning business. We then start burning in the forests. That power and guard those who put their had a conversation last night, the dis- is what has happened in Nevada. trust in You. Replenish their resources tinguished Republican leader and I, and In one fire we have had three lives with Your peace that passes under- the decision was made at that time lost. This fire burned so quickly that standing. that we are going to do our very best three grown men could not escape the We pray in Your righteous Name. on the Webb amendment to come up fire. They were doing work on their Amen. with a side by side so we can have, farm. There was an 11-year-old boy. f sometime today, votes on those two They saw the fire coming. They said, PLEDGE OF ALLEGIANCE amendments. Following that, there ‘‘Run for your life,’’ literally, and the 11-year-old boy ran and did survive. His The Honorable JON TESTER led the will be another amendment offered, Pledge of Allegiance, as follows: and we will move along on this most family did not. They all died—three of I pledge allegiance to the Flag of the important piece of legislation. them. I say this because we have shut down United States of America, and to the Repub- f lic for which it stands, one nation under God, roads. In one part of Utah, 100 miles of indivisible, with liberty and justice for all. WESTERN WILDFIRES interstate were closed because of fires. f Mr. REID. Mr. President, I will be Think about that: 100 miles of inter- very brief. I know we have so many im- state closed. People could not go. One APPOINTMENT OF ACTING reason was the smoke was so thick— PRESIDENT PRO TEMPORE portant things to do dealing with this legislation, but I do wish to say some- not the fire, the smoke. The PRESIDING OFFICER. The thing about what is going on in Ne- There has been remarkable heroism, clerk will please read a communication vada. We have a serious problem in Ne- as there always is with these men and to the Senate from the President pro vada, and it is fires. This is about the women who fight these raging fires. I quoted, a couple weeks ago, Edward tempore (Mr. BYRD). fourth year we have had these raging The assistant legislative clerk read Croker, a long past fire chief in the wildfires. the following letter: State of New York, who said: It is so difficult. The smoke is so U.S. SENATE, thick, helicopters cannot fly. Fire- I have no ambition in this world but one, and that is to be a fireman. Our proudest mo- PRESIDENT PRO TEMPORE, fighters have been lost not knowing Washington, DC, July 10, 2007. ment is to save lives. Under the impulse of To the Senate: where they are fighting these fires. It such thoughts, the nobility of the occupation Under the provisions of rule I, paragraph 3, is rough terrain. What people do not thrills us and stimulates us to deeds of dar- of the Standing Rules of the Senate, I hereby understand is, Nevada—other than ing, even of supreme sacrifice.

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

S8883

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8884 CONGRESSIONAL RECORD — SENATE July 10, 2007 The way fires are fought 100 years ness before the Senate, which is the tration had followed a strategy in Iraq after this man said this is different Department of Defense authorization that simply was not working. It was a than the way they used to be fought, bill for fiscal year 2008. strategy focused on keeping the U.S. but it still takes a great deal of cour- This is a bill the Senate Armed Serv- force presence as small as possible, re- age and many times heroism to go for- ices Committee has worked long and gardless of conditions on the ground, ward in these areas where burning is hard on over a period of several and of pushing Iraqi forces into the taking place. months. I am privileged to be a mem- lead as quickly as possible, regardless So far, 245 square miles in northern ber of the committee and now doubly of their capabilities to do so. Nevada have burned. That is a lot of privileged to be chair of the Airland General Petraeus oversaw—let me ground: 245 square miles. Some of the Subcommittee. I am proud of the work step back. General Petraeus was part fires are not under control yet. So I of the committee. of a process, along with others, that want the RECORD to reflect we have This is a bill that does the best we presented a dramatically different problems in the West. Some say it is possibly can to support and expand our strategy to the President of the United because of global warming. Whatever forces during a time of war. Unfortu- States, the Commander in Chief. He ac- the reason, we have never had fires nately, most of the time that will be cepted that dramatically different such as we have had in the last 4 years spent by this Chamber on this bill will strategy, which was to apply classic in Nevada and I think in the West, gen- not be about the solid substance of the principles of counterinsurgency that have been successful elsewhere, so that erally. Department of Defense authorization instead of our main goal being to get So I would finally say, long after the bill but will be on a series of amend- out of Iraq, our main goal became to smoke has cleared, the accounts of ments that will be offered to alter our protect the civilian population that the bravery will still be told in Nevada. course or force our withdrawal from terrorists were persistently attacking, f Iraq. In my considered opinion, respect- bringing chaos throughout the coun- RECOGNITION OF THE MINORITY fully, this is a mistake. These amend- try, including particularly in the cap- LEADER ments regarding Iraq, I believe, are un- ital city of Baghdad, and making it impossible for a new Iraqi Government to The ACTING PRESIDENT pro tem- timely, they are unwise, and they are take shape. pore. The Republican leader is recog- unfair. They are untimely in the sense that As a result, over the past 5 months, nized. many problems, many crises, many f they are premature and should await September, when, as ordained by this challenges in Iraq that had long been described as hopelessly beyond solution DEFENSE AUTHORIZATION Congress itself in the supplemental ap- have begun to improve. In Baghdad, AMENDMENTS propriations bill, General Petraeus and the sectarian violence that had para- Mr. MCCONNELL. Mr. President, let Ambassador Crocker will come back to lyzed the city for more than a year me say briefly, the majority leader has report to us fully. began to drop dramatically. In Anbar They are unwise, if ever adopted, be- it entirely right, we are in the process Province, which the chief of Marine cause they would essentially represent of discussing a consent agreement Corps intelligence in Iraq described 9 a retreat from Iraq, a defeat for the under which the Webb amendment months ago as ‘‘lost’’—and he was right United States and the forces of a new would be voted upon and the alter- at that point—a city which I was not Iraq, a free Iraq, and a tremendous vic- native, which will be offered by Sen- allowed to visit when I went to Iraq in tory for Iran and al-Qaida, who are our ator LINDSEY GRAHAM, who will be over December because it was too dan- two most significant enemies in the to speak shortly. gerous—our surge forces have moved in world today. Hopefully, we will be able to work effectively. that out and begin to make progress on Offering these amendments at this Working together with Sunni tribal the bill. time, in my opinion, is unfair: unfair, leaders and their Sunni followers, we I yield the floor. most of all, to the 160,000 Americans in have al-Qaida on the run. As a matter f uniform over there—men and women, of fact, they have effectively run from brave, effective, in my opinion, the new RESERVATION OF LEADER TIME Anbar Province, the province they said greatest generation of American sol- they intended to make the capital of The ACTING PRESIDENT pro tem- diers, committed to this fight, believ- the new Islamist extremist Republic of pore. Under the previous order, the ing we can win it, putting their lives Iraq. leadership time is reserved. on the line every day. They have made When I was in Iraq a month ago, I f tremendous progress already in the so- was not only allowed to visit Ramadi called surge, counteroffensive. To snipe MORNING BUSINESS and walk its streets but was tremen- at them from here is, in my opinion, dously impressed by the peace and re- The ACTING PRESIDENT pro tem- unfair. birth that is occurring there. pore. Under the previous order, there That is why I will oppose all the As John Burns of the New York will now be a period of morning busi- amendments I have heard about thus Times recently put it, the capital city ness for 60 minutes, with Senators per- far and why I wish to discuss them of Anbar, Ramadi, has since ‘‘gone mitted to speak therein for up to 10 today. from being the most dangerous place in minutes each, with the time equally di- I suppose, in terms of timeliness, if Iraq . . . to being one of the least dan- vided and controlled between the two one felt the surge, counteroffensive— gerous places.’’ Despite these gains in leaders or their designees, with the which began in February, and has just Baghdad and Anbar, critics of the new first half of the time under the control been fully staffed a couple of weeks strategy nonetheless insisted that it of the Republicans and the second half ago—had absolutely failed, then one was not working, pointing to the fact of the time under the control of the might say: OK, we won’t wait until that, yes, al-Qaida is on the run, but it majority. September, as we promised we would is running and causing devastation in The Senator from Connecticut. do; we will try to force a change in pol- other parts of Iraq—now in Diyala Mr. LIEBERMAN. Mr. President, I icy or a retreat right now. But the Province, for instance. believe I have been yielded 15 minutes facts, as I will discuss, will show the But what happened? General of the next half hour. surge is showing some success—in some Petraeus, now with the other generals The ACTING PRESIDENT pro tem- ways some remarkable success—and and additional personnel brought under pore. The Senator may proceed. does not justify these amendments of his command by the surge counter- Mr. LIEBERMAN. I thank the Chair. retreat being offered at this time. offensive strategy, was able to leave f Six months ago, this Chamber voted some troops in Anbar, fortified by Iraqi unanimously to confirm GEN David security forces and the Sunni tribal IRAQ Petraeus as commander of our forces in forces, and move the surge forces to Mr. LIEBERMAN. Mr. President, I Iraq. The fact is—which we all ac- Diyala, to Bakuba there, where they rise to speak about the pending busi- knowledge—before that, the adminis- now have al-Qaida on the run.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8885 Our forces in the field are, of course, leagues today that this war in Iraq will I repeat my confidence that the num- still facing some daunting challenges never be lost by our military on the ber of American troops will be reduced, and a brutal, inhumane foe prepared to ground in Iraq. The war in Iraq can but it will be reduced best when it is blow themselves up to make a point, to only be lost with the loss of political reduced as a result of the successful kill others, hating us and others more will here at home and, perhaps, with implementation of the surge strategy than they love their own lives. But the the loss of political will in Iraq. But as carried out heroically by American plain truth is that Iraq in this month, that story is not finished yet. forces. July 2007, is a very different and better Perhaps there are some who would I conclude with these words: Our replace than Iraq in January or February say the war is not lost but it is not sponsibilities in this Chamber ulti- of 2000, and it is because of the so- worth winning. I think we have to mately do not allow us to be guided by called surge counteroffensive strategy. think of the consequences of defeat. I our frustrations or even by public-opin- Those who refuse to recognize that know that in the midst of the con- ion polls when we respectfully believe change and nonetheless go forward sequences of defeat are a victory for those public-opinion polls do not re- with the same policies of defeat and Iran and al-Qaida, chaos in Iraq, flect what is best for our Nation. We withdrawal that they have been talk- slaughter that will probably begin to were elected to lead. We were elected ing about for months have, I would say look like genocide, instability in the to see beyond the next election, to do respectfully, closed their eyes, not to region, and the danger that we will be what is best for the next generation of mention their heads, to the reality of forced to send our troops back into the Americans. We were elected to defend what is actually happening on the region in greater numbers to fight a our beloved country, its security, and ground in Iraq. more difficult war. its values. All of that is on the line in General Petraeus has persistently ap- I think the amendments on Iraq to be Iraq today. pealed to us to have some patience, to offered on this Department of Defense So I appeal to my colleagues, let’s not rush to judgment about the success bill are mistaken. What are the alter- not undercut our troops and legislate a or failure of a new surge strategy. It is natives my colleagues are going to pro- defeat in Iraq where none is occurring only right that we do so. But instead of pose in these amendments? One of the now, where hope is strong, where the respecting those pleas, withholding our amendments would demand a total momentum is, in fact, on our side. If judgment, and remaining true to what withdrawal of American troops from you question that, at least show the we ourselves put into the supplemental Iraq as quickly as possible. Its sponsors fairness and respect for General appropriations bill, which was a re- argue that we can continue to fight al- Petraeus, Ambassador Crocker, and all quirement for an interim report this Qaida in Iraq and defend our other key the people working for us there to wait week and a full report on paper about interests in the Middle East by oper- until September, which is what we said the benchmarks and in person by Gen- ating from bases elsewhere there. With we would do, until we take a serious eral Petraeus and Ambassador Crocker all due respect, this is fantasy. look at these amendments. If we go UGAR, point- in September, instead of waiting for As my friend, Senator L down the path the amendments entice ed out a short while ago, a complete that to happen, I regret that some of us toward, what awaits us is an American withdrawal from Iraq is like- my colleagues have decided to go ahead emboldened Iran, a strengthened ally to have devastating consequences and submit these amendments which, Qaida, a failed Iraq that will become for American national security. Every- to me, represent the continuation of a not just a killing field but will desta- one knows Senator LUGAR is a skeptic longtime legislative trench warfare bilize the entire Middle East and also, about our strategy and events in Iraq. against our presence in Iraq no matter I fear, imperil our security here at Yet, in his words, a complete with- what the facts on the ground there are. home. Rather than giving General Petraeus drawal from Iraq would: I thank the Chair, and I yield the and his troops a fair chance to suc- Compound the risks of a wider regional floor. ceed—and it is not just for them, it is conflict. It would be a severe blow to U.S. The ACTING PRESIDENT pro tem- credibility that would make nations in the for us—I regret that efforts will be region far less likely to cooperate with us. It pore. The Senator from South Carolina made here to undermine our strategy, would expose Iraqis who have worked with us is recognized. which is now a successful strategy in to retribution, and it would also be a signal Mr. GRAHAM. Mr. President, I be- Iraq, to dictate when, where, and that the United States was abandoning ef- lieve I have 15 minutes. against whom our soldiers can fight forts to prevent Iraqi territory from being The ACTING PRESIDENT pro tem- and when we should get out. used as a terrorist base. pore. The Senator is recognized. I suppose this would be justified if So spoke the distinguished Senator f somebody concluded that the war was from Indiana, Mr. LUGAR. IRAQ POLICY lost in Iraq. The war is not lost in Iraq. Another amendment would keep In fact, now American and Iraqi secu- some forces in Iraq, pull most forces Mr. GRAHAM. Mr. President, I ap- rity forces are winning. The enemy is out by next April 1. Their numbers preciate being recognized. Before my on the run in Iraq. But here in Con- would be dramatically reduced and the good friend, Senator LIEBERMAN, de- gress, in Washington, we seem to be— mission dramatically redefined. parts the floor, I will make one obser- or some Members seem to be on the Some argue that American soldiers vation about him that I think needs to run—chased, I fear, by public-opinion should withdraw from Iraq’s cities and be said. This winning/losing is a big polls. instead focus on the training of Iraqi part of wars; it is a big part of politics. I know the American people are frus- forces, targeting counterterrorism, and Everybody wants to win, and people trated. I understand that. I know what protecting the remaining American are afraid to lose. But I have found in they see every night on the TV, the troops there. Let me say that is a vi- life there are some things that are suicide bombs. I know how much they sion I would embrace for the future but worth fighting for and willing to lose want their loved ones to come home. not as a substitute for the surge coun- your job over, and to me the policies in No one wants that more than we do teroffensive strategy we are following Iraq fall into that category because it here. But the consequences of doing now but as a consequence of a success- is much more important in my election that would be a disaster for Iraq, the ful implementation of that strategy, that we get it right in Iraq, and from Middle East, and for us because the vic- for if we in this Chamber and in Con- Senator LIEBERMAN’s point of view—I tors would be Iran and al-Qaida, our gress mandate the withdrawal of our don’t think I have seen in modern poli- two most dangerous enemies in the troops down to a core group with a new tics anyone more committed to their world today, and trust me, they would mission before the Iraqi security forces beliefs than Senator LIEBERMAN when follow us back here to this country. are ready to provide security, we are it comes to a foreign policy issue like I said one might pursue a policy of going back to the exact strategy some Iraq. We all know the story of his last changing course, directing a retreat, a describe as the Rumsfeld strategy election, how he basically lost a pri- withdrawal, accepting defeat if one which didn’t work, which was roundly mary because he refused to give in to thought the war was lost. The war is condemned by most people in both par- the forces on the left when it came to not lost. In fact, I will say to my col- ties over a period of years. the war on terror policies, particularly

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8886 CONGRESSIONAL RECORD — SENATE July 10, 2007 Iraq. He literally risked losing his job, an absolute mortal sin in the eyes of for al-Qaida? If things are left the way lost the primary, and in the end pre- al-Qaida. The idea of a woman having a they are now, and we gave General vailed. I think he prevailed because the say about her child is something they Petraeus the time and the resources good people of Connecticut saw in Sen- are just not going to have any part of. and our total commitment, there is no ator LIEBERMAN a man committed to So I thought it was odd that he would doubt in my mind that, militarily, we his ideas, and his ideas he was com- make this hour-long call for reinforce- can destroy al-Qaida in Iraq. Why? Be- mitted to were bigger than himself. ments. Why was he doing that? cause the Iraqi people, particularly the They may not have agreed with Sen- The reason he chose to make that Sunnis, have had a taste of that life- ator LIEBERMAN about his policies on statement is because the new strategy style, and they have said no. All they Iraq, but they sure admired what they being employed now in Iraq is working need is additional capacity to defeat saw in the man, and that is someone against al-Qaida. I don’t want to over- al-Qaida. That additional capacity has who was clearly putting the country’s state it. The main reason al-Qaida is been provided by the surge. The addi- interests ahead of their own. There is losing ground in Iraq has more to do tional military capability that exists not enough of that. The only group I about them than us. Al-Qaida dramati- now has made a world of difference. can say with certainty that is doing cally overplayed their hand. Wherever The strategy is fundamentally dif- the same thing is the men and women they occupied a region in the Sunni ferent. in Iraq. part of Iraq, they tremendously over- Before, for almost 4 years, we had On the Fourth of July this year, last played their hand. During this debate, been behind walls trying to train the week, I was in Iraq, in Baghdad for my I will give some illustrations of some Iraqi Army and police, and getting in sixth or seventh visit. This was a spe- of the brutal, vicious things they did to firefights and coming back when it was cial visit. I got to be on the ground in folks living in Iraq once they were over. General Petraeus, with additional Iraq on the Fourth of July, our Inde- under al-Qaida control, and the Sunnis military personnel, has created joint pendence Day, and be part of a cere- in Iraq basically are fed up with al- security stations all over neighbor- mony put on by General Petraeus’s Qaida. They have had a taste of what hoods where we are living with the staff where he had 580-plus people reen- al-Qaida offers them, and they have Iraqi Army and police, training them list. It was the largest reenlistment said no thanks. They have rejected al- day in and day out. We are sleeping ceremony in a war zone in history, Qaida’s view of how to live one’s life with them in terms of staying over- General Petraeus said. Right after the and how to raise one’s children. night, and we are stakeholders of that reenlistment ceremony, we had 160-plus Lucky for us the President made a area. Not only are we helping clear the American soldiers who became natural- change in strategy—which should have area, we are holding that area and we ized citizens. It was something to be- happened years ago—where we are put- are having more combat capability. hold. To be in that former Saddam pal- ting additional combat capability into The surge provides that for every com- ace and be around those brave young the Iraqi theater. This rejection of al- bat troop available to do operations be- men and women who are signing up to Qaida by the Sunni leadership and the fore the surge, we have an additional do it in Iraq yet again and who are be- Sunni population came at a time where soldier now. That has allowed us to go coming American citizens, literally we have additional combat capability into areas that we previously could not risking their lives to do so, was inspir- to reinforce that rejection. No matter go into to clear, hold, stay, and live ing. what you think about the surge, it is with the Iraqi Army and police force This debate we are about to enter undeniable that there have been new and train them day in and day out. It into is not about anyone’s patriotism. alliances formed between Sunni Iraqis is truly working. My colleagues here, we are friends po- and coalition forces in areas previously It is my hope that as we get into this litically one day and we are on the controlled by al-Qaida; and al-Qaida, as debate we will understand that if we go other side the next. That is the nature Senator LIEBERMAN said, is literally on back to the old strategy of with- of politics. It is never about respect for the run, but they are still engaging in drawing behind walls, the alliances the person. I do have respect for my suicide bombing attacks and trying to that have been formed between the colleagues, and I hope the same is said create as much carnage as possible in Sunni leadership in Iraq and the coali- of me. It is about our judgment. When Iraq. Where they used to exist in tion forces and the central government I question your judgment and you Anbar, they exist no longer in any will be destroyed. We have put tanks question mine, that is part of the polit- force. They are isolated now. Anbar, around Sunni sheiks’ homes. We have ical process. Our judgments need to be the province dominated by the Sunni created joint security stations in tested. The decision we make now af- Iraqis, is a transformed region in terms neighborhoods that have previously fects many people. It affects the long- of al-Qaida operations. The break of been occupied by al-Qaida. It is work- term future of our country. It affects the sheik from the al-Qaida leadership ing. If we withdraw, all of those people the soldiers in harm’s way. Our judg- and joining with the coalition forces who formed these alliances will be at ment will be tested by the next elec- has been a transforming event. risk. I think al-Qaida will emerge tion, and it will be tested by the eyes What can al-Qaida do? They moved to again stronger. of history. Diyala when the population sided with One thing is clear to me. The old So here is what I believe we need to us, and their safe haven was denied. strategy of just training and staying do in terms of Iraq policy for the im- They went to the Diyala Province. We behind walls failed. The new strategy mediate future. We need to listen very are doing the same thing there as we of getting into the fight, getting out closely to what is being said in theater did in Anbar: making alliances with into the neighborhoods, holding terri- by our generals and by our enemy. Mr. local Sunni leaders and some Shia. The tory with additional combat capa- Zawahiri, the second in command of al- big loser is al-Qaida. That is why last bility, and forming new transforming Qaida, is not in Iraq, but he issued a week Zawahiri made a call to his alliances is working. statement—I think it was last Thurs- brothers in arms: Don’t leave the fight; Senator LEVIN, a dear friend, wants day—it was about an hour-long state- too much is at risk; hang in there, we to say we are going to leave in March ment, and it was basically a call to not will send reinforcements if we can. of 2008, or 120 days from now—I cannot lose hope for al-Qaida in Iraq. He was He made this observation—I will get remember the wording of the amend- acknowledging that you are under the quote later in the debate. He said ment. Basically, it is a statement by strain and stress, that you are really the winds were blowing in our favor in the Congress that we are going to undo being pounded, but hang in there be- Washington. the surge, the surge comes to an end, cause your cause is great, and he en- Now, one of the highest ranking al- we begin to leave. We will leave a force couraged everyone who is sympathetic Qaida leaders in the world was trying behind that will do a couple things— to al-Qaida to run to Iraq now to beat to inspire his troops by saying: No train the Iraqi Army and police force. us because our ideas are just abhorrent matter how much you are losing We tried that for 4 years. Training dur- to their way of life. ground in Iraq, help may be coming ing a war is a little different than The idea of being tolerant to dif- from Washington. The question for this training when you are not at war. We ferent religions and views of religion is body is, do we want to be the cavalry train our soldiers at home, but they

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8887 are not in a wartime situation while decisions for the moment. We have to The ACTING PRESIDENT pro tem- they are being trained. The people in think of new ways to push them. pore. The clerk will call the roll. Iraq are being trained and fighting at There is much more to follow. The assistant legislative clerk pro- the same time. They need more than I yield the floor. ceeded to call the roll. training, they need combat capability The ACTING PRESIDENT pro tem- Mrs. MURRAY. Mr. President, I ask that is nonexistent on their part. pore. The Senator from Pennsylvania unanimous consent that the order for That is a democracy that is less than is recognized. the quorum call be rescinded. 4 years old. Their constitution is less f The ACTING PRESIDENT pro tem- than 18 months old. The Iraqi Army TRIBUTE TO ALEX GEORGE, SR. pore. Without objection, it is so or- and the police force, 4 years ago, was dered. Mr. CASEY. Mr. President, I rise for there to support the dictator, not de- a brief period of time to pay tribute to f mocracy. So if you expect, from the a Pennsylvanian who just passed away MILITARY READINESS ashes of the dictatorship, a functioning this past week, a constituent of mine CHALLENGES democracy in 4 years, I think you are whose family I have known for many sadly mistaken. It took us 11 years to Mrs. MURRAY. Mr. President, our years. I think he is like a lot of people write our own Constitution. country is home to some of the finest in our communities and in our States Why am I hopeful that we can still fighting forces in the world, and we can who lead lives of service and struggle win in Iraq? No. 1, there is evidence all be very proud of that fact. We need and achievement, and often their lives with the new strategy that we can de- our military to be the best trained, the are not the subject of big stories and feat and destroy al-Qaida in Iraq. No. 2, best equipped, and the most prepared headlines. force on the planet. Tragically, how- every time an Iraqi soldier is killed or When I think of Alex George, Sr.— ever, the President’s war in Iraq and a policeman is murdered, someone who is the father of Bill George, or Wil- his use of extended deployments is un- takes their place. Every time a judge is liam George, who is the president of dermining our military’s readiness assassinated, somebody else comes the AFL–CIO in Pennsylvania—I think today. along and says, ‘‘I’ll be a judge.’’ What of those people who grew up in parts of The current deployment schedule more can you ask? We are losing western Pennsylvania, where over hurts our ability to respond to threats troops, and it is heartbreaking. The many generations steel was the founda- around the world, it causes our service- enemy that we are fighting under- tion of the economy, and in places like members to leave the military service stands that Americans don’t like the where Mr. George lived, Aliquippa, PA, early, it weakens our ability to respond taste of war—and that is an asset, not which is a very strong community that to disasters at home, it unfairly bur- a liability. We are not a warring peo- had a thriving steel industry that is dens family members, and it intensifies ple. It is not our nature as a people to now largely gone from the city and go to other places and take land from that community. It is not nearly what the combat stress our servicemembers people and dominate their life. It is our it was when thousands of people were experience. We need to rebuild our military, and nature to allow people to chart their employed. own destiny and to be partners eco- Alex George, like a lot of Pennsylva- the first step is giving our fighting men nomically, while the enemy wants no nians and, frankly, a lot of Americans, and women the time they need at home part of that. lived a life of triumph where he had to to prepare and train for their next mis- So what I hope we will do is take overcome difficulties in his own life, sion. these amendments that will come to and then he became a union leader of Today I rise to address the readiness the floor and ask ourselves one simple the Amalgamated Association of Iron challenges that threaten our military question: If this amendment passes, and Steelworkers, which was the fore- strength and ultimately our Nation’s what affect does it have on our mili- runner, of course, of the modern day security. tary commanders to execute this new Steelworkers Union that his son, Bill More than 4 years into the war in strategy that is clearly working? If George, joined many years later. We Iraq, our troops are stretched thin, our this amendment passes, how does it af- think of his life today and what he did equipment is deteriorating, and the pa- fect al-Qaida in Iraq and throughout for the labor movement of western tience of our Nation is wearing thin. the world? What affect would it have Pennsylvania, and Pennsylvania gen- We have seen 3,600 servicemembers die, on the voices of moderation that are erally, and also what he did as a law thousands upon thousands more have giving their own lives to change their enforcement officer. He was a police of- been injured, and month after month own country in Iraq? If this amend- ficer as well in his later years. our fighting men and women are push- ment passes, how does it affect Iran? I rise briefly to pay tribute to him ing harder and harder. Troops leave The one thing I learned from this last and his life of work for the benefit of loved ones for months and years and trip is that al-Qaida overplayed their labor, doing everything possible to put their lives on the line without com- hand, and we are taking advantage of make sure they have lives that are re- plaint. We owe them the best treat- it. Iran is trying to destabilize Iraq warded, in the sense that they are al- ment and the best training possible. now more than ever. Don’t mistake lowed to organize and allowed to have Unfortunately, the Bush administra- these new alliances between coalition the opportunity to have the dignity of tion has fallen short in those areas. forces and Sunni Iraqis to be a political their labor be part of the fabric of their One of the major problems for our reconciliation. The bad news from my lives. We pay tribute to Alex George troops, for their families, and their trip is that the Iraqi Government is today and the many others who built communities is the growing gap be- paralyzed, the political leadership in the middle class in America. He is the tween the time troops spend in battle Iraq—Sunni, Shia, and Kurd—are un- proud son of Aliquippa, PA. versus the time they spend at home. able to get their act together at this In a special way, I express my condo- This gap is alarming, it is disheart- point. New elections would be good for lences to the entire George family, and ening, and it is a disservice to the the Sunnis. especially Bill George, president of the brave men and women who put them- Mr. President, how much time do I AFL–CIO of Pennsylvania. Alex George selves in harm’s way each and every have? leaves behind three sons: Bill, who I day. The ACTING PRESIDENT pro tem- have mentioned, Robert, and Alex, Jr., Sadly, our forces are being burned pore. Twenty seconds. as well as nine grandchildren and many out. Many of our troops are on their Mr. GRAHAM. We will talk more great-grandchildren. In the spirit of third or even their fourth tour in Iraq about this. The good news is, the surge condolence, but also in the spirit of and Afghanistan. Months ago, the De- is al-Qaida’s worst nightmare. They tribute, I pay tribute to Alex George partment of Defense announced that have been rejected by the Sunnis in and the legacy he leaves behind for the their tours would be extended from 12 Iraq, and if we stay on them, we can George family and for the labor family months to 15 months. And on top of all destroy al-Qaida in Iraq. The bad news of Pennsylvania. that, they are not receiving the nec- is, the current political infrastructure I yield the floor and suggest the ab- essary time at home before they are in Iraq is incapable of making the hard sence of a quorum. sent back to battle.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8888 CONGRESSIONAL RECORD — SENATE July 10, 2007 Mr. President, that is not the normal others had their arms in slings. Some had de- Clearly, this policy is not sustain- schedule. It is not what our troops bilitating back injuries. And nearby was an- able. signed up for. And we here in Congress other tent housing female soldiers with This deployment schedule we have health issues ranging from injuries to preg- been talking about is also making us should not simply stand by and allow nancy. our troops to be pushed beyond their Hernandez is one of a dozen soldiers who less secure here at home. The rotation limits. That is why here on the Senate stayed for weeks in those tents who were policy has left our Guard units short of floor today we are debating the Webb interviewed for this report, some of whose manpower and supplies and severely amendment, and that is why we need medical records were also reviewed by Salon. hindered their ability to respond to dis- to pass it this week. All of the soldiers said they had no business asters that can occur at any time here being sent to Fort Irwin given their physical at home. Traditionally, Active-Duty troops condition. In some cases, soldiers were sent are deployed for 1 year and then they The recent tornado that destroyed there even though their injuries were so se- much of Greensburg, KS, is a terrible rest at home for 2 years. National vere the doctors had previously rec- Guard and Reserve troops are deployed ommended they should be considered for example. After their town was de- for 1 year and then they rest at home medical retirement from the Army. stroyed, Greensburg residents needed for 5 years. Tragically, that is not what Military experts say they suspect that the shelter, they needed food and water, is happening today. Today, Active- deployment to Fort Irwin of injured soldiers and they needed it fast. But because was an effort to pump up manpower statis- Duty troops are spending less time at the Kansas National Guard was tics used to show the readiness of Army stretched so thin, it was hard for them home than they are in battle—less units. time at home than they are in battle— to respond as fast as was necessary for Clearly, if the military is going to an emergency right here at home. Gov- and our Guard and Reserve forces are those lengths to pump up readiness sta- receiving less than 3 years’ rest for ernor Sebelius and MG Tod Bunting, tistics, we have a huge problem. But who is the head of the Kansas National every year in combat. these problems are only the tip of the With that increasing number and Guard, said not only is Guard equip- iceberg when it comes to the effects of ment being worn out, but so are its length of deployments, this rest time is the administration’s rotation policy. even more critical for our troops, and troops, some of whom were in their The current rotation policy not only fourth tour in Iraq. they are not receiving the break they burns out servicemembers, but it hurts For years, these problems were the need, which is increasing the chances the military’s ability to respond to exception, not the rule. But I fear that that they will burn out. This adminis- other potential threats. balance is shifting. Last month, USA tration—the Bush administration—has For the first time in decades, the Today reported that National Guard decided to go the other direction, push- Army’s ‘‘ready brigade,’’ which is in- units in 31 States say 4 years of war in ing our troops harder, extending their tended to enter troubled spots within Iraq and Afghanistan have left them time abroad, and sending troops back 72 hours, cannot do so. All of its troops with 60 percent or less of their author- time and again to the battlefield. are in Iraq and Afghanistan. The lim- ized equipment. And last month, LTG In March of this year, a few months ited period between deployments Steven Blum said the National Guard ago, Salon.com reported what I hope is lessens the time to train for other units have 53 percent of the equipment an extreme example of the length the threats. they need to handle State emergencies, military is going to get our soldiers Numerous military leaders have spo- and that number falls to 49 percent back to the battlefield, and I want to ken to us about this problem. GEN once Guard equipment needed for war, read an excerpt from that story be- James Conway said: such as weapons, is factored in. cause I think it is really important we I think my largest concern, probably, has In fact, Blum said: all understand what is happening to to do with training. When we’re home for Our problem right now is that our equip- our troops. that 7, 8, 9 months, our focus is going back ment is at an all-time low. This is from Salon.com: to Iraq. And as I mentioned in the opening statement, therefore, we’re not doing am- This is deeply concerning to all of us Last November, Army Specialist Edgar phibious training, we’re not doing mountain- who worry about a national disaster in Hernandez, a communications specialist warfare training, we’re not doing combined- our States, especially out in the West with a unit of the Army’s 3rd Infantry Divi- arm fire maneuver, such as would need to be as we now face fires in our forests that sion, had surgery on an ankle he had injured the case potentially in another type of con- during physical training. After the surgery, are threatening homes and families and tingency. doctors put his leg in a cast and he was sup- lives, and we fear extreme devastation. posed to start physical therapy when the That is not me, Mr. President; that is This problem is more than about cast came off six weeks later. General Conway before the Senate equipment, it is more than about re- But two days after his cast was removed, Armed Services Committee in Feb- tention rates, it is about real people Army commanders decided it was more im- ruary of this year. and about real families. We all know portant to send him to a training site in a re- GEN Barry McCaffrey said that be- military life can be tough on troops mote desert rather than let him stay at Fort cause all ‘‘fully combat ready’’ Active- and their families. They go for Benning, GA, to rehabilitate. In January, Duty and Reserve combat units are months—sometimes years—without Hernandez was shipped to the National now deployed in Iraq or Afghanistan, Training Center at Fort Irwin, CA, where his seeing each other. While troops are unit, the 3,900-strong 3rd Brigade of the 3rd ‘‘no fully-trained national strategic re- away fighting for all of us, sons and Infantry Division, was conducting a month serve brigades are now prepared to de- daughters are born, sons and daughters of training in anticipation of leaving for Iraq ploy to new combat operations.’’ grow up without their moms and dads in March. The current deployment situation is present, husbands and wives don’t see Hernandez says he was in no shape to train hurting our troops, and it is hurting each other for years, fathers die, moth- for a war so soon after his injury. ‘‘I could our troops in another way. It is con- ers die, and family members become not walk,’’ he told Salon in an interview. He tributing to a drop in our retention sick. Our troops need adequate time at said he was amazed when he learned he was rates. Keeping battle-experienced and home to see their newborns, to be a being sent to California. ‘‘Did they not real- capable troops in the military is essen- ize that I’m hurt and I needed this physical part of their children’s lives, to spend therapy?’’ he remembered thinking. I was tial to our ability to respond to future time with their spouses, and to see told by my doctor and my physical therapist threats. West Point classes of 2000 and their parents. The current rotation pol- that this was crazy. 2001 have an attrition rate five times icy decreases dramatically the time Hernandez had served two tours in Iraq, higher than pre-Iraq war levels, with 54 families are together, and that places a where he had helped maintain communica- percent of the West Point class of 2000 tremendous strain on everyone. tions gear in the unit’s armored Bradley leaving the Army by the end of last Our troops facing these early deploy- Fighting Vehicles. But he could not partici- year and 46 percent of the West Point ments and extended tours have spoken pate in war maneuvers conducted on a 1,000- class of 2001 leaving the Army by the out. When the tour extensions and square-mile mock battlefield located in the harsh Mojave Desert. Instead, when he got to end of last year. Marine Corps Active early deployments were announced, our California, he was led to a large tent where Forces are losing troops, especially troops themselves expressed their dis- he would be housed. He was shocked by what critical midgrade noncommissioned of- pleasure. he saw inside. There were dozens of other ficers, and that is despite a bonus for In Georgia, according to the Atlanta hurt soldiers. Some were on crutches, and those who reenlist. Journal Constitution:

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8889 Soldiers of a Georgia Army National Guard walk,’’ he told Salon in an interview. He said Fort Irwin and housed in tents there during unit were hoping to return home in April. In- he was amazed when he learned he was being January. stead, they may be spending another gruel- sent to California. ‘‘Did they not realize that The soldiers who were at Fort Irwin de- ing summer in the Iraqi desert. At least 4,000 I’m hurt and I needed this physical ther- scribed a pitiful scene. ‘‘You had people out National Guard soldiers may spend up to apy?’’ he remembered thinking. ‘‘I was told there with crutches and canes,’’ said an four extra months in Iraq as part of Presi- by my doctor and my physical therapist that Army captain who was being considered for dent Bush’s troop increase announced last this was crazy.’’ medical retirement himself because of seri- month. SGT Gary Heffner, spokesman for Hernandez had served two tours in Iraq, ous back injuries sustained in a Humvee ac- the 214th, said news of the extension came as where he helped maintain communications cident during a previous combat tour in Iraq. a ‘‘little bit of a shock’’ to the Georgians. gear in the unit’s armored Bradley Fighting ‘‘Soldiers that apparently had no business The 1st Cavalry Division, according Vehicles. But he could not participate in war being there were there,’’ another soldier to the Dallas Morning News: maneuvers conducted on a 1,000-square-mile wrote to Salon in an e-mail. ‘‘Pregnant fe- mock battlefield located in the harsh Mojave males were sent to the National Training Eighteen months after their first Iraqi ro- Desert. Instead, when he got to California, Center rotation’’ with the knowledge of tation, the 2nd Battalion, 5th Cavalry Regi- he was led to a large tent where he would be Army leaders, she said. ment and the last of the Fort Hood, Texas- housed. He was shocked by what he saw in- One infantry sergeant with nearly 20 years based 1st Cavalry Division returned to Iraq side: There were dozens of other hurt sol- in the Army who had already fought in Iraq in mid-November. diers. Some were on crutches, and others had broke his foot badly in a noncombat incident Those troops, according to this arti- arms in slings. Some had debilitating back just before being sent to Fort Irwin. ‘‘I didn’t cle, were deeply concerned about that. injuries. And nearby was another tent, hous- even get to put the cast on,’’ before going, he And here in my home State, in Ta- ing female soldiers with health issues rang- said with exasperation. He said doctors put coma, WA, just this past weekend, ing from injuries to pregnancy. something like an ‘‘open-toed soft shoe’’ on there was an article from the Tacoma Hernandez is one of a dozen soldiers who his foot and put him on a plane to California. News Tribune of soldiers going once stayed for weeks in those tents who were ‘‘I’ve got the cast on now. I never even got a interviewed for this report, some of whose chance to see the [medical] specialist,’’ he again. medical records were also reviewed by Salon. These soldiers are talking about the claimed. The infantry sergeant said life in All of the soldiers said they had no business the desert was tough in his condition. ‘‘I was tremendously difficult time they are being sent to Fort Irwin given their physical on Percocet. I couldn’t even concentrate. I having being redeployed. condition. In some cases, soldiers were sent hopped on a plane and hobbled around NTC So, Mr. President, I rise today to there even though their injuries were so se- on crutches,’’ he said. He added, ‘‘I saw peo- speak out for the Webb amendment. It vere that doctors had previously rec- ple who were worse off than I am. I saw peo- is an amendment that supports our ommended they should be considered for ple with hurt backs and so on. I started to troops. It supports our troops by re- medical retirement from the Army. think, ‘Hey, I’m not so bad.’’’ quiring that regular forces be at home Military experts say they suspect that the for as long as they are deployed. It redeployment to Fort Irwin of injured soldiers [From the (Tacoma, WA) News Tribune, July was an effort to pump up manpower statis- 10, 2007] quires that our National Guard and Re- tics used to show the readiness of Army serve forces be home for at least 3 ‘‘IT’S TOUGH’’ TO LEAVE FAMILIES AGAIN units. With the military increasingly MEDICAL TROOPS OFF TO IRAQ—MANY FOR years for every year deployed. Those strained after four years of war, Army readi- THEIR THIRD TOUR seem to me to be basic commonsense ness has become a critical part of the debate (By Steve Maynard) over Iraq. Some congressional Democrats requirements. Buoyed by praise and cheers, about 400 sol- have considered plans to limit the White I applaud our colleague from Virginia diers from the 62nd Medical Brigade at Fort House’s ability to deploy more troops unless for being a champion for our troops and Lewis got ready Monday to deploy to Iraq. the Pentagon can certify that units headed for crafting the bipartisan measure of The Army brigade of medics, nurses, doc- into the fray are fully equipped and fully which he and I think the entire Senate tors, ambulance drivers and other medical manned. personnel will make its third tour of duty in can be proud. Salon recently uncovered another trou- the Middle East, where they will be spread Our troops have sacrificed so much bling development in the Army’s efforts to across several locations in Iraq. for us. We have to institute a fair pol- shore up troop levels, reporting earlier this The first wave of soldiers leaves Saturday icy for the health of our troops, for the month that soldiers from the 3rd Brigade had for 15 months—longer than their previous serious health problems that the soldiers health and well-being of their families, tours. This spring, the Pentagon extended claimed were summarily downgraded by and for our Nation’s security and the most combat deployments from 12 to 15 military doctors at Fort Benning in Feb- ability to respond to disasters here at months. While some are going to the war ruary, apparently so that the Army could home. The Webb amendment does all of zone for the first time, this will be the third send them to Iraq. Some of those soldiers trip for Staff Sgt. Benjamin Hernandez. that, and I urge the Senate to adopt it. were among the group sent to Fort Irwin to Mr. President, I ask unanimous con- ‘‘It’s tough, especially leaving my family train in January. again,’’ said Hernandez, 33. He and his wife, sent to have printed in the RECORD the After arriving at Fort Irwin, many of the Julieanna, have a daughter, 5, and a son, 7. full Salon.com article and the article injured soldiers did not train. ‘‘They had all His children are older now and realize the from the Tacoma News Tribune. of us living in a big tent,’’ confirmed Spc. dangers of combat. ‘‘They’re more cognizant There being no objection, the mate- Lincoln Smith, who spent the month there of what’s going on,’’ Hernandez said. rial was ordered to be printed in the along with Hernandez and others. Smith is During Monday’s ceremony at the Soldier’s RECORD, as follows: an Army truck driver, but because of his Field House, the maroon colors of the bri- health issues, which include sleep apnea (a [From salon.com, Mar. 26, 2007] gade were cased, or covered. They’ll be breathing ailment) and narcolepsy, Smith is uncased when the first soldiers arrive in ARMY DEPLOYED SERIOUSLY INJURED TROOPS currently barred from driving military vehi- Iraq. (By Mark Benjamin) cles. ‘‘I couldn’t go out and do the training,’’ Members of the brigade will be leaving WASHINGTON.—Last November, Army Spc. Smith said about his time in California. His through the end of November. The head- Edgar Hernandez, a communications spe- records list his problems as ‘‘permanent’’ quarters will be at Camp Victory near Bagh- cialist with a unit of the Army’s 3rd Infantry and recommend that he be considered for re- dad. Division, had surgery on an ankle he had in- tirement from the Army because of his During the 35-minute ceremony, an audi- jured during physical training. After the sur- health. ence of several hundred family members and gery, doctors put his leg in a cast, and he Another soldier with nearly 20 years in the other soldiers broke into applause repeat- was supposed to start physical therapy when Army was sent to Fort Irwin, ostensibly to edly. that cast came off six weeks later. prepare for deployment to Iraq, even though The crowd was quick to cheer when Brig. But two days after his cast was removed, she suffers from back problems and has psy- Gen. Sheila Baxter asked for a round of ap- Army commanders decided it was more im- chiatric issues. Doctors wrote ‘‘unable to de- plause for ‘‘these great soldiers.’’ portant to send him to a training site in a re- ploy overseas’’ on her medical records. ‘‘The mission going forward is still com- mote desert rather than let him stay at Fort It is unclear exactly how many soldiers plex and the enemy is still dangerous,’’ said Benning, Ga., to rehabilitate. In January, with health issues were sent to the Cali- Baxter, commander of Madigan Army Med- Hernandez was shipped to the National fornia desert. None of the soldiers inter- ical Center. ‘‘We are certain of your success Training Center at Fort Irwin, Calif., where viewed by Salon had done a head count, but and we are grateful for your brave service.’’ his unit, the 3,900-strong 3rd Brigade of the all agreed that ‘‘dozens’’ would be a conserv- ‘‘We pray for your safety,’’ Baxter said. 3rd Infantry Division, was conducting a ative estimate. An Army spokesman and Sgt. Kelly Perryman, 26, and her husband, month of training in anticipation of leaving public affairs officials for the 3rd Infantry Sgt. 1st Class Tremayne Perryman, 30, will for Iraq in March. Division did not return repeated calls and e- both be going to Iraq, but the two medics Hernandez says he was in no shape to train mails seeking further detail and an expla- don’t know if they’ll be based near each for war so soon after his injury. ‘‘I could not nation of why injured troops were sent to other.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8890 CONGRESSIONAL RECORD — SENATE July 10, 2007 Kelly Perryman summed up her feelings the Armed Forces for Operation Iraqi Free- fighting today in Iraq and Afghanistan, for her second trip to Iraq in one word: nerv- dom and Operation Enduring Freedom. but a smaller measure: the courage ous. Nelson of Florida amendment No. 2013 (to necessary to put our country’s inter- Their 4-month-old baby boy, Jeffrey, will amendment No. 2012), to change the enact- ests before every personal or political stay with her mother in Detroit. ment date. consideration. ‘‘This will be our first time being apart,’’ The ACTING PRESIDENT pro tem- In this light, I would like to discuss Kelly Perryman said about her baby. ‘‘That’s pore. The Senator from Arizona. kind of scary.’’ America’s involvement in Iraq, and fi- Sgt. Derek Trubia, 32, said he was ready for Mr. MCCAIN. Mr. President, again, I nally I would like to make several his first tour in Iraq. would like to thank my old friend from points. ‘‘I have no problem,’’ Trubia said. ‘‘I ex- Hawaii for his patience so that, as the Final reinforcements needed to im- pected it.’’ Republican ranking member of the plement General Petraeus’s counterin- The brigade, which served in Iraq in 2003 committee, I may make a statement surgency tactics arrived just several and Kuwait in 2004–05, plays a life-saving role about the bill itself and about the situ- weeks ago. Last week I had the oppor- for U.S. and Iraqi soldiers through trauma ation in Iraq. I thank him for his cour- tunity to visit with troops in theater. care and surgery. tesy, and I will try not to take too long From what I saw and heard while Among its other specialties are dental there, I believe our military, in co- health, preventive medicine and stress con- a period of time. So I thank my old trol. friend from Hawaii. operation with the Iraqi security In his invocation, Chaplain Maj. Mark Mr. President, we have reached an- forces, is making progress in a number Mitera prayed for ‘‘healing and hope for other moment of importance this week of areas. There are other areas where those they treat.’’ in debating the fiscal year 2008 Defense they are not. I would like to outline He offered thanks ‘‘for supplying these sol- authorization bill. We will help set the some of their efforts, not to argue that diers with strength for war and skill for bat- course of the Nation’s security policy these areas have suddenly become tle.’’ and influence our participation in the safe—they have not; I want to empha- Col. Patrick Sargent, brigade commander, wars in Iraq and Afghanistan. Much of size the areas have not become safe— noted in an interview that U.S. soldiers are but to illustrate the progress our mili- more spread out in Iraq, and the numbers of the debate, as we all know, will be casualties and injuries are rising. Besides about Iraq, and before I discuss that tary has achieved under General treating physical wounds, the brigade will and my recent visit, I would note that Petraeus’s new strategy. care for the mental health of injured soldiers many provisions in this bill constitute Last year Anbar Province was be- and its own members who witness trauma, a good defense policy and will strength- lieved to be lost to al-Qaida. On the he said. en the ability of our country to defend map we see that U.S. and Iraqi troops ‘‘We will face adversity, danger,’’ Sargent itself. cleaned out al-Qaida fighters from told the crowd. Ramadi and other areas of western But he said the brigade is fully trained and Under the leadership of my good friend from Michigan, the chairman of Anbar. Tribal sheiks broke with the will prevail. terrorists and joined the coalition side. ‘‘The soldiers standing before you today the committee, Senator LEVIN, I think embody the essence of patriotism,’’ Sargent we have crafted an excellent piece of It is a fact that some 16 out of the 24 said. legislation. I think a testament to his sheiks in the Sunni area of Anbar Province have now joined with U.S. The ACTING PRESIDENT pro tem- leadership is that the committee voted forces in their commitment to destroy pore. The Senator from Arizona. unanimously to report the bill, and it fully funds the President’s $648 billion al-Qaida in Anbar Province. Mr. MCCAIN. Mr. President, I ask Ramadi, months ago, was Iraq’s most defense budget request. It provides nec- unanimous consent that immediately dangerous city. It is now one of its essary measures to try to bring under following my remarks, the Senator safest. At considerable political risk, I control waste, fraud, and abuse in de- from Hawaii, Mr. AKAKA, might be rec- point out that I visited, with Senator fense procurement, and, frankly, it ognized for such time as he may con- GRAHAM, downtown Ramadi where the makes Members more accountable for sume. shopping areas were open. I did not their spending in the earmark process. The ACTING PRESIDENT pro tem- visit without protection or without se- Again, I thank Senator LEVIN, the pore. Without objection, it is so or- curity forces with me. But the fact is, subcommittee chairs, and all the com- dered. a short time ago it was one of the most Mr. MCCAIN. And I would like to mittee members for their work in dangerous cities in all of Iraq. Attacks thank the Senator from Hawaii for his bringing this issue to the floor. are down from 30 to 35 a day in Feb- patience and his courtesy. Very briefly, we have authorized a ruary to zero on most days now. 3.5-percent, across-the-board pay raise f In Fallujah, Iraqi police have estab- for all military personnel. We have in- lished numerous stations and have di- CONCLUSION OF MORNING creased Army and Marine end strength vided the city into gated districts. The BUSINESS to 525,400 and 189,000, respectively. The violence has declined and local intel- The ACTING PRESIDENT pro tem- committee also approved $2.7 billion ligence tips have proliferated. pore. Morning business is closed. for items on the Army Chief of Staff’s Throughout Anbar Province, thousands unfunded requirement list, including of young men are signing up for the po- f $775 million for reactive armor and lice and Army, and the locals are tak- NATIONAL DEFENSE AUTHORIZA- other Stryker requirements, $207 mil- ing the fight to al-Qaida. All 18 major TION ACT FOR FISCAL YEAR 2008 lion for aviation survivability equip- tribes in the province are now onboard ment, $102 million for combat training with the security plan. A year from The ACTING PRESIDENT pro tem- centers and funding for explosive ord- pore. Under the previous order, the now, the Iraqi Army and police could nance disposal equipment, night vision have total control of security in Senate will resume consideration of devices, and machine guns. H.R. 1585, which the clerk will report. Ramadi, allowing American forces to The bill also authorizes $4.1 billion safely draw down. The legislative clerk read as follows: for Mine Resistant Ambush Protected South of Baghdad, operation Phan- A bill (H.R. 1585) to authorize appropria- vehicles, known as MRAP vehicles, for tom Thunder is intended to stop insur- tions for fiscal year 2008 for military activi- all of the Services’ known require- gents present in the Baghdad belts ties of the Department of Defense, for mili- ments. tary construction, and for defense activities from originating attacks in the capital of the Department of Energy, to prescribe The committee has come up with the itself. A brigade of the 10th Mountain military personnel strengths for such fiscal money to support our troops, and I Division, which I visited, is operating year, and for other purposes. have no doubt the full Senate will fol- in Baghdad belts that have been havens Pending: low step. for al-Qaida. All soldiers in the brigade Money and policy statements are not Nelson of Nebraska (for Levin) amendment are living forward. That means they No. 2011, in the nature of a substitute. all that is required at this moment in are in outposts away from the head- Webb amendment No. 2012 (to amendment our national history. Courage is re- quarters 24–7, living, working, and No. 2011), to specify minimum periods be- quired—courage, not the great courage fighting alongside Iraqi military. Com- tween deployment of units and members of exhibited by the brave men and women manders report that the local sheiks

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That is precisely As I said before, withdrawals must continues to establish joint security what we did for 31⁄2 years, and the situ- grow out of a political solution, not the stations and deploy throughout the ation in Iraq got worse. Over 31⁄2 years other way around. city. These efforts have produced some we had our troops from operating bases The Shias and the Sunnis and the positive results. Sectarian violence has going out—search and destroy as we Kurds: fallen. Since January, the total num- used to call it during the Vietnam ber of car bombings and suicide attacks war—and going back to their bases. They need the buttress of a diplomatic process that could provide international sup- declined. In May and June, the number That was a failed strategy from the be- port for carrying out any internal agree- of locals coming forward with intel- ginning. I am surprised that any of my ments reached or to contain conflict if the ligence tips has risen. colleagues would advocate a return to internal parties cannot agree and Iraq Make no mistake, violence in Bagh- the failed Rumsfeld-Casey strategy. breaks up . . . dad remains at unacceptably high lev- No one can be certain whether this The American goal should be an inter- els, suicide bombers and other threats new strategy, which remains in the national agreement regarding the inter- pose formidable challenges, and other early stages, can bring about greater national status of Iraq. It would test whether difficulties abound. Nevertheless, there stability. We can be sure, should the Iraq’s neighbors as well as some more distant countries are prepared to translate gen- appears to be overall movement in the Senate seek to legislate an end to this eral concepts into converging policies. It right direction. strategy as it is just beginning, then would provide a legal and political frame- I have no doubt how difficult suicide we will fail for certain. work to resist violations. These are the bombers are to counter. Ask the Now that the military effort in Iraq meaningful benchmarks against which to Israelis. They literally had to seal is showing some signs of progress, the test American withdrawals. their borders with Gaza and the West space is opening for political progress. He goes on to point out: Bank because of the way people who Yet rather than seizing the oppor- Turkey has repeatedly emphasized it would are willing to sacrifice their own lives tunity, the government of Prime Min- resist a breakup by force because of the in order to take the lives of others are ister Maliki is not functioning as it radicalizing impact a Kurdish State could able to get through and do these hor- must. I repeat, the government of have on Turkey’s large Kurdish population. rendous acts that we are exposed to Prime Minister Maliki is not func- But this would bring Turkey into unwanted quite often on our television screens tioning as it must. We see little evi- conflict with the United States and open a and in our newspapers in America. dence of reconciliation and little Pandora’s box of other interventions. In Diyala Province, Iraqi and Amer- Saudi Arabia and Jordan dread Shiite progress toward meeting the bench- domination of Iraq, especially if the Baghdad ican troops have surged and are fight- marks laid out by the President. The regime threatens to become a satellite of ing to deny al-Qaida sanctuary in the Iraqi Government can function. The Iran. The various Gulf Sheikdoms, the larg- city of Baqubah. For the first time question is whether it will. est of which is Kuwait, find themselves in an since the war began, Americans showed To encourage political progress, I be- even more threatened position. up in force and did not quickly with- lieve we can find wisdom in several Syria’s attitudes are likely to be more am- draw from the area. In response, locals suggestions put forward recently by bivalent. Its ties to Iran represent both a have formed a new alliance with the Henry Kissinger. Intensified negotia- claim to status and a looming vulnerability ... coalition to counter al-Qaida. tions by the Iraqi parties could limit Given a wise and determined American di- Why are some of these people now violence, promote reconciliation, and plomacy, even Iran may be brought to con- turning against al-Qaida? One reason is put the political system on a more sta- clude that the risks of continued turmoil the extreme cruelty that is practiced ble footing. We should promote dialog outweigh the temptations before it. by al-Qaida on a routine basis, which between the Iraqi Government and its He goes on to talk about a multilat- has caused many people to reject that Sunni Arab neighbors, specifically eral framework. kind of extreme violence and cruelty Egypt, Jordan, and Saudi Arabia, in A forum for diplomacy already exists in inflicted on the local people. Diyala, order to build broader international ac- the foreign ministers’ conference that met which was the center of Abu Mus’ Ab ceptance for the Iraqi central govern- recently at Sharm el-Sheikh, Egypt. . . . It al-Zarqawi’s caliphate, finally has the ment in exchange for that government is in the United States’ interests to turn the chance to turn aside the forces of ex- meeting specific obligations with re- conference into a working enterprise under tremism. spect to the protection and political strong, if discrete, American leadership. I offer these observations not to participation of the Sunni minority. He goes on to say: present a rosy scenario of the chal- We should begin a broader effort to es- Neither the international system nor lenges we continue to face in Iraq. As tablish a basis for aid and even peace- American public opinion will accept as a per- last weekend’s horrific bombing indi- keeping efforts by the international manent arrangement, an American enclave cates so graphically, the threats to community, keyed to political progress maintained exclusively by American mili- Iraqi stability have not gone away, nor in Iraq. tary power in so volatile a region. are they likely to go away in the near Taking such steps, we must recognize I believe Secretary Kissinger is cor- future when our brave men and women that no lasting political settlement can rect. I believe he is correct when he in Iraq will continue to face great chal- grow out of the U.S. withdrawal. On bases the premise that precipitate lenges. the contrary, a withdrawal must grow withdrawal would produce a disaster. What I do believe is, while the mis- out of a political solution, a solution Many of my colleagues would like to sion to bring a degree of security to made possible by the imposition of se- believe that should any of the various Iraq and to Baghdad and its environs in curity by coalition and Iraqi forces. amendments forcing withdrawal be- particular in order to establish the nec- Secretary Kissinger is correct when come law, it would mark the end of essary preconditions for political and he says ‘‘precipitate withdrawal would this long effort. They are wrong. economic progress—while that mission produce a disaster,’’ one that ‘‘would Should the Congress force a precipi- is still in its early stages, the progress not end the war but shift it to other tous withdrawal from Iraq, it would our military has made should encour- areas, like Lebanon or Jordan or Saudi mark a new beginning, the start of a age us. It is also clear the overall strat- Arabia,’’ produce greater violence new, more dangerous, more arduous ef- egy that General Petraeus has put into among Iraqi factions, and embolden fort to contain the forces unleashed by place, a traditional counterinsurgency radical Islamists around the world. our disengagement. Our efforts in Iraq tactic that emphasizes protecting a The war between Iraqi factions would in- today are critical to the wider struggle population and which gets our troops tensify. The demonstration of American im- against violent Islamic extremism. Al- off of the bases and into the areas they potence would embolden radical Islamism ready the terrorists are emboldened,

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8892 CONGRESSIONAL RECORD — SENATE July 10, 2007 excited that America is talking not ‘‘Some human rights groups under- Saudi Arabia. The war between the Iraqi fac- about winning in Iraq but is rather de- mine the very cause they claim to tions would intensify. The demonstration of bating when we should lose. champion,’’ he says. American impotence would embolden radical Last week, Ayman al-Zawahiri, al- Islamism and further radicalize its disciples Consider one 2005 Amnesty International from Indonesia and India to the suburbs of Qaida’s deputy chief, said the United report on Iraq. It notes that in the lawless European capitals. States is merely delaying our ‘‘inevi- climate of the first months after Hussein’s We face a number of paradoxes. Military table’’ defeat in Iraq and that: ‘‘The overthrow, reports of kidnappings, rapes and victory, in the sense of establishing a gov- Mujahideen of Islam in Iraq of the ca- killings of women and girls by criminal ernment capable of enforcing its writ liphate and jihad are advancing with gangs rose. Iraqi officers at a police station throughout Iraq, is not possible in a time in Baghdad said in June 2003 that the number steady steps toward victory.’’ frame tolerated by the American political of reported rapes was ‘‘substantially higher process. Yet no political solution is conceiv- If we leave Iraq prematurely, than before the war.’’ jihadists around the world will inter- able in isolation from the situation on the The implication was that human rights ground. pret the withdrawal as their great vic- may not really be improving in post-Hussein What America and the world need is not tory against our great power. The Iraq. But the organization ignored the possi- unilateral withdrawal but a vision by the ad- movement thrives in an atmosphere of bility that reports of rape at police stations ministration of a sustainable political end to perceived victory. We saw this in the may have increased for the simple reason the conflict. Withdrawals must grow out of a surge of men and money flowing to al- that under Hussein it was the regime—which political solution, not the other way around. Qaida following the Soviet withdrawal includes the police—that was doing the rap- None of Iraq’s neighbors, not even Iran, is ing. in a position to dominate the situation from Afghanistan. He goes on to say: against the opposition of all the other inter- If they defeat the United States in ested parties. Is it possible to build a sus- Iraq, they will believe anything is pos- A precipitous withdrawal of U.S. forces tainable outcome on such considerations? sible, history is on their side, and they could lead to a bloodbath that would make The answer must be sought on three levels: can bring their terrible rule to lands the current carnage pale by comparison. the internal, the regional and the inter- the world over. I am quoting from Natan Sharansky. national. Recall the plan laid out in a letter Without U.S. troops in place to quell some The internal parties—the Shiites, the Sunnis and the Kurds—have been subjected from Zawahiri to Abu Mus’ab al- of the violence, Iranian-backed Shiite militias would dramatically increase their at- to insistent American appeals to achieve na- Zarqawi before his death. That plan is tional reconciliation. But groups that have to take shape in four stages: Establish tacks on Sunnis; Sunni militias, backed by the Saudis or others, would retaliate in kind, been conducting blood feuds with one an- a caliphate in Iraq, extend the jihad drawing more and more of Iraq into a vicious other for centuries are, not surprisingly, wave to the secular countries neigh- cycle of violence. If Iraq descended into full- struggling in their efforts to compose their boring Iraq, clash with Israel; none of blown civil war, the chaos could trigger simi- differences by constitutional means. They which shall commence until the com- lar clashes throughout the region as Sunni- need the buttress of a diplomatic process Shiite tensions spill across Iraq’s borders. that could provide international support for pletion of stage one: Expel the Ameri- carrying out any internal agreements The death toll and the displacement civil- cans from Iraq. The terrorists are in reached or to contain their conflict if the in- ians would climb exponentially. this war to win it. The question is, Are ternal parties cannot agree and Iraq breaks we? He says: up. Withdrawing before there is a stable Perhaps the greatest irony of the political The American goal should be an inter- and legitimate Iraqi authority would debate over Iraq is that many of Bush’s crit- national agreement regarding the inter- turn Iraq into a failed state and a ter- ics, who accused his administration of going national status of Iraq. It would test whether blindly to war without considering what the neighbors of Iraq as well as some more rorist sanctuary in the heart of the distant countries are prepared to translate Middle East. We have seen a failed would happen once Hussein’s regime was top- pled, now blindly support a policy of with- general concepts into converging policies. It state emerge after U.S. disengagement drawing from Iraq without considering what would provide a legal and political frame- once before. It cost us terribly. In pre- might follow. work to resist violations. These are the 9/11 Afghanistan, terrorists found sanc- In this respect, the debate over Iraq is be- meaningful benchmarks against which to tuary to train and plan attacks with ginning to look a lot like the debate about test American withdrawals. impunity. We know that today there the Vietnam War in the 1960s and 1970s. The reason why such a diplomacy may Then, too, the argument in the United prove feasible is that the continuation of are terrorists in Iraq who are planning Iraq’s current crisis presents all of Iraq’s attacks against Americans. I do not States focused primarily on whether U.S. forces should pull out. But many who sup- neighbors with mounting problems. The think we should make this mistake ported that withdrawal in the name of longer the war in Iraq rages, the more likely twice. human rights did not foresee the calamity will be the breakup of the country into sec- Brent Scowcroft, whom we also know that followed, which included genocide in tarian units. Turkey has repeatedly emphasized that it was opposed to the invasion of Iraq in Cambodia, tens of thousands slaughtered in would resist such a breakup by force because the first place, has said: Vietnam by the North Vietnamese and the of the radicalizing impact that a Kurdish tragedy of hundreds of thousands of ‘‘boat The costs of staying are visible. The costs state could have on Turkey’s large Kurdish people.’’ of getting out are almost never discussed population. But this would bring Turkey . . . If we get out before Iraq is stable, the Mr. Sharansky lives in the neighbor- into unwanted conflict with the United entire Middle East region might start to re- hood. Mr. Sharansky understands the States and open a Pandora’s box of other semble Iraq today. Getting out is not a solu- meaning of the word ‘‘freedom.’’ Mr. interventions. tion. Sharansky understands the meaning of Saudi Arabia and Jordan dread Shiite One of my great heroes and role mod- the word ‘‘sacrifice.’’ domination of Iraq, especially if the Baghdad els and a person whom I have had the Madam President, I ask unanimous regime threatens to become a satellite of great honor of getting to know re- Iran. The various Gulf sheikhdoms, the larg- consent to have printed in the RECORD est of which is Kuwait, find themselves in an cently is Natan Sharansky, a man of the Kissinger and Sharansky articles. inestimable courage and knowledge. He even more threatened position. Syria’s atti- There being no objection, the mate- tudes are likely to be more ambivalent. Its recently had a piece that ran Sunday rial was ordered to be printed in the ties to Iran represent both a claim to status in the Washington Post. The title of RECORD, as follows: and a looming vulnerability. his piece is: ‘‘Leave Iraq, Embrace for a [From the International Herald Tribune Given a wise and determined American di- Bigger Bloodbath.’’ Media Services, July 2, 2007] plomacy, even Iran may be brought to con- In his statement, he talks about: clude that the risks of continued turmoil A POLITICAL PROGRAM TO EXIT IRAQ The truth is that in totalitarian regimes, outweigh the temptations before it. (By Henry A. Kissinger) there are no human rights. Period. The To be sure, Iranian leaders may believe media do not criticize the government. Par- The war in Iraq is approaching a kind of that the wind is at their backs, that the mo- liaments do not check executive power. self-imposed climax. Public disenchantment ment is uniquely favorable to realize millen- Courts do not uphold due process. And is palpable. Congress will surely press for an nial visions of a reincarnated Persian empire human rights groups do not file reports. accelerated, if not total, withdrawal of or a reversal of the Shiite-Sunni split under American forces. Demands for a political so- Shiite domination. On the other hand, if pru- He talks about the moral divide that lution are likely to mount. dent leaders exist—which remains to be de- separates societies in which people are But precipitate withdrawal would produce termined—they might come to the conclu- slaves, from societies in which people a disaster. It would not end the war but shift sion that they had better treat these advan- are free. it to other areas, like Lebanon or Jordan or tages as a bargaining chip in a negotiation

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When Hussein’s son Uday went on his Russia will have its own reasons, principally debates in Washington have left the key legendary raping sprees, victims were not the fear of the radicalization of its own Is- issue of human rights on the sidelines. Peo- about to report the crime. lamic minority, to begin resisting Iranian ple of goodwill can certainly disagree over Of course, Hussein’s removal has created a and radical Islamist domination of the Gulf. how to handle Iraq, but human rights should host of difficult strategic challenges, and nu- Combined with the international con- be part of any responsible calculus. Unfortu- merous human rights atrocities have been troversy over its nuclear weapons program, nately, some leaders continue to play down committed since his ouster. But let us be Iran’s challenge could come to be perceived the gross violations in Iraq under Hussein’s under no illusion of what life under Hussein by its leaders to pose excessive risks. republic of fear and ignore the potential for was like. He was a mass murderer who tor- Whether or whenever Iran reaches these a human rights catastrophe should the tured children in front of their parents, conclusions, two conditions will have to be United States withdraw. gassed Kurds, slaughtered Shiites, started met: First, no serious diplomacy can be As the hideous violence in Iraq continues, two wars with his neighbors and launched based on the premise that the United States it has become increasingly common to hear Scud missiles into downtown Riyadh and Tel is the supplicant. America and its allies people argue that the world was better off Aviv. The price for the stability that Hussein must demonstrate a determination to vindi- with Hussein in power and (even more re- supposedly brought to the region was mass cate their vital interests that Iran will find markably) that Iraqis were better off under graves, hundreds of thousands of dead in credible. Second, the United States will need his fist. In his final interview as U.N. sec- Iraq, and terrorism and war outside it. Dif- to put forward a diplomatic position that ac- retary general, Kofi Annan acknowledged ficult as the challenges are today—with Iran knowledges the legitimate security interests that Iraq ‘‘had a dictator who was brutal’’ and Syria trying to stymie democracy in Iraq, with al-Qaeda turning Iraq into the of Iran. but said that Iraqis under the Baathist dicta- Such a negotiation must be initiated with- torship ‘‘had their streets, they could go out, central battleground in its holy war of ter- in a genuinely multilateral forum. A dra- their kids could go to school.’’ rorism against the free world, and with sectarian militias bent on murder and may- matic bilateral Iranian-U.S. negotiation This line of argument began soon after the hem—there is still hope that tomorrow may would magnify all the region’s insecurities. U.S.-led invasion in 2003. By early 2004, some prominent political and intellectual leaders be better. For if Lebanon, Jordan, Saudi Arabia and No one can know for sure whether Presi- were arguing that women’s rights, gay Kuwait—which have entrusted their security dent Bush’s ‘‘surge’’ of U.S. troops in Iraq rights, health care and much else had suf- primarily to the United States—become con- will succeed. But those who believe that fered in post-Hussein Iraq. vinced that an Iranian-U.S. condominium is human rights should play a central role in looming, a race for Tehran’s favor may bring Following in the footsteps of George Ber- nard Shaw, Walter Duranty and other West- international affairs should be doing every- about the disintegration of all resolve. thing in their power to maximize the Within a multilateral framework, the ern liberals who served as willing dupes for Joseph Stalin, some members of the human chances that it will. For one of the con- United States will be able to conduct indi- sequences of failure could well be catas- rights community are whitewashing totali- vidual conversations with the key partici- trophe. tarianism. A textbook example came last pants, as has happened in the six-party A precipitous withdrawal of U.S. forces forum on North Korea. year from John Pace, who recently left his could lead to a bloodbath that would make A forum for such an effort already exists in post as U.N. human rights chief in Iraq. the current carnage pale by comparison. the foreign ministers’ conference that met ‘‘Under Saddam,’’ he said, according to the Without U.S. troops in place to quell some of recently at Sharm el-Sheikh. It is in the Associated Press, ‘‘if you agreed to forgo the violence, Iranian-backed Shiite militias United States’ interest to turn the con- your basic freedom of expression and would dramatically increase their attacks on ference into a working enterprise under thought, you were physically more or less Sunnis; Sunni militias, backed by the Saudis strong, if discreet, American leadership. OK.’’ or others, would retaliate in kind, drawing The truth is that in totalitarian regimes, The purpose of such a forum should be to more and more of Iraq into a vicious cycle of define the international status of the emerg- there are no human rights. Period. The violence. If Iraq descended into full-blown ing Iraqi political structure into a series of media do not criticize the government. Par- civil war, the chaos could trigger similar reciprocal obligations. Iraq would continue liaments do not check executive power. clashes throughout the region as Sunni-Shi- to evolve as a sovereign state but agree to Courts do not uphold due process. And ite tensions spill across Iraq’s borders. The place itself under some international re- human rights groups don’t file reports. death toll and the displacement of civilians For most people, life under totalitarianism straint in return for specific guarantees. could climb exponentially. In such a scheme, the United States-led is slavery with no possibility of escape. That Perhaps the greatest irony of the political multinational force would be gradually is why despite the carnage in Iraq, Iraqis are debate over Iraq is that many of Bush’s crit- transformed into an agent of that arrange- consistently less pessimistic about the ics, who accused his administration of going ment, along the lines of the Bosnian settle- present and more optimistic about the future blindly to war without considering what ment in the Balkans. of their country than Americans are. In a would happen once Hussein’s regime was top- All this suggests a three-tiered inter- face-to-face national poll of 5,019 people con- pled, now blindly support a policy of with- national effort: an intensified negotiation ducted this spring by Opinion Research Busi- drawing from Iraq without considering what among the Iraqi parties; a regional forum ness, a British market-research firm, only 27 might follow. like the Sharm el-Sheikh conference to percent of Iraqis said they believed ‘‘that In this respect, the debate over Iraq is be- elaborate an international transition status their country is actually in a state of civil ginning to look a lot like the debate about for Iraq; and a broader conference to estab- war,’’ and by nearly 2 to 1 (49 percent to 26 the Vietnam War in the 1960s and ’70s. Then, lish the peacekeeping and verification di- percent), the Iraqis surveyed said they pre- too, the argument in the United States fo- mensions. The rest of the world cannot in- ferred life under their new government to cused primarily on whether U.S. forces definitely pretend to be bystanders to a proc- life under the old tyranny. That is why, at a should pull out. But many who supported ess that could engulf them through their de- time when many Americans are abandoning that withdrawal in the name of human fault. the vision of a democratic Iraq, most Iraqis rights did not foresee the calamity that fol- Neither the international system nor still cling to the hope of a better future. lowed, which included genocide in Cambodia, American public opinion will accept as a per- They know that under Hussein, there was no tens of thousands slaughtered in Vietnam by manent arrangement an American enclave hope. the North Vietnamese and the tragedy of maintained exclusively by American mili- By consistently ignoring the fundamental hundreds of thousands of ‘‘boat people.’’ tary power in so volatile a region. The con- moral divide that separates societies in In the final analysis, U.S. leaders will pur- cept outlined here seeks to establish a new which people are slaves from societies in sue a course in Iraq that they believe best international framework for Iraq. It is an which people are free, some human rights serves U.S. interests. My hope is that as they outcome emerging from a political and mili- groups undermine the very cause they claim do, they will make the human rights dimen- tary situation on the ground and not from to champion. Consider one 2005 Amnesty sion a central part of any decision. The con- artificial deadlines. International report on Iraq. It notes that in sequences of not doing so might prove cata- the lawless climate of the first months after strophic to Iraqis, to regional peace and, ul- [From the Washington Post, July 8, 2007] Hussein’s overthrow, reports of kidnappings, timately, to U.S. security. rapes and killings of women and girls by LEAVE IRAQ AND BRACE FOR A BIGGER Mr. MCCAIN. Should we leave Iraq criminal gangs rose. Iraqi officers at a police BLOODBATH before there is a basic level of sta- station in Baghdad said in June 2003 that the bility, we will invite further Iranian in- (By Natan Sharansky) number of reported rapes ‘‘was substantially Iraqis call Ali Hassan al-Majeed ‘‘Chemical higher than before the war.’’ fluence at a time when Iranian Ali,’’ and few wept when the notorious The implication was that human rights operatives are already moving weap- former general received five death sentences may not really be improving in post-Hussein ons, training fighters, providing re- last month for ordering the use of nerve Iraq. But the organization ignored the possi- sources and helping plan operations to

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I in- tial to spark greater Sunni-Shia con- and not one of them told me it was tend to be respectful of their views, and flict across the region. time to go or that the cause is lost. I hope we can have a debate and discus- Leaving prematurely would induce They are frustrated with the Iraqi sion on this issue, as we consider var- Iraq’s neighbors, including Saudi Ara- Government’s lack of progress. They ious amendments, that will better in- bia and Jordan, Egypt and Israel, Tur- are buffeted by the winds of partisan- form the American people of both key and others, to feel their own secu- ship in Washington, talking today of points of view. I hope over time some- rity eroding and may well induce them surges and tomorrow of withdrawal, how we can find a way to come to- to act in ways that prompt wider insta- voting to confirm General Petraeus gether in this body and in this Nation bility. The potential for genocide, and then voting for a course that guar- because this war has divided this Na- wider war, spiralling oil prices, and the antees defeat. But in the end, they tion in the most terrible way. perception of strategic American de- know the war in Iraq is part of a larger I saw it once before. I saw it once be- feat is real. struggle, a war of moderation and sta- fore, a long time ago, and I saw a de- This fight is about Iraq but not about bility against the forces of violence feated military, and I saw how long it Iraq alone. It is greater than that and, and extremism. took a military that was defeated to more important still, about whether They recognize that if we simply recover. I saw a divided nation beset by America still has the political courage pack up and leave, the war does not assassinations and riots and a break- to fight for victory or whether we will end—it merely gets harder. down in a civil society. That is why we settle for defeat, with all the terrible Finally, I would like to give a couple need, in my view, to try to come to- things that accompany it. We cannot of quotes. General Lynch, who is the gether—and I do not know how we do walk away gracefully from defeat in third ID commander of the U.S. forces, that—beginning with respecting each this war. says: other’s views so we can come together General Petraeus and his com- Pulling out before the mission was accom- and hopefully end the tragedy of Iraq manders believe they have a strategy plished would be a mess. We find the enemy and at the same time ensure America’s that can, over time, lead to success in regaining ground, reestablishing sanctuaries, building more IEDs and the violence would security. Iraq. General Petraeus and Ambassador escalate. I will be saying a lot more on this Ryan Crocker will come to Washington issue as we continue the debate. I say GEN Anthony Zinni, one of my par- in September to report on the status of again, I respect the views of my col- ticular heroes, who opposed the war in their efforts and those of the Iraqis. leagues. Then, finally, I again pay my Iraq, said: They ask two things of us: the time compliments to the distinguished necessary to see whether their efforts . . . that we cannot simply pull out of Iraq, as much as we may want to. The con- chairman of the committee, who put can succeed and the political courage sequences of a destabilized and chaotic Iraq, together, as is his wont, a bipartisan to support them in their work. I be- sitting in the center of a critical region of package that will ensure our Nation’s lieve we should give them both. the world, could have catastrophic implica- security in the future, as exemplified I know that Senators are tired of this tions. . . .There is no short-term solution. It again by a unanimous vote of the com- war, tired of the mounting death toll, will take years to stabilize Iraq. How many? mittee in reporting out the Defense au- tired of the many mistakes we have I believe at least five to seven. thorization bill. made in this war and the great effort it In the Baker Hamilton report, there I yield the floor. requires to reverse them, tired of the is a lot of selective quoting. But I The PRESIDING OFFICER (Ms. war’s politicization and the degree to would like to point out that they said: KLOBUCHAR). The Senator from Michi- which it has become embroiled in par- Because of the importance of Iraq, the po- gan is recognized. tisan struggles and election strategies. tential for catastrophe in the role and the Mr. LEVIN. Madam President, let me I understand this fatigue. Yet I main- commitments of the United States in initi- first thank Senator MCCAIN for his tain that we, as elected leaders with a ating events that have led to the current sit- great generosity in terms of his com- duty to our people and the security of uation, we believe it would be wrong for the ments about the committee and the op- United States to abandon the country their Nation, cannot let fatigue dictate through a precipitous withdrawal of troops erations of our committee. As he well our policies. and support. A premature American depar- knows, our committee has had a great The soldiers I met last week have no ture from Iraq would almost certainly tradition of bipartisanship. He has illusions about the sacrifices necessary produce greater sectarian violence and fur- made a major contribution, always, to to achieve their mission. On July 4, I ther deterioration of conditions, leading to a that tradition. As ranking member, he had the great privilege to be present as number of adverse consequences outlined has more than continued that tradi- 588 troops reenlisted in the military above. The near-term results would be a sig- tion. He has made a major contribution and another 161 were naturalized as nificant power vacuum, greater human suf- to it and to the bill that is before us fering, regional destabilization, and a threat U.S. citizens. Tragically, two of those to the global economy. Al-Qaeda would de- and to the bipartisan flavor of that who were scheduled to be naturalized pict our withdrawal as a historic victory. If bill. as U.S. citizens were killed very short- we leave and Iraq descends into chaos, the While there obviously are and will be ly before the ceremony. long-range consequences could eventually re- differences—which are understandable Those men and women taking the quire the United States to return. and appropriate—as he well points out, oaths of enlistment and citizenship in That is page 30 of the Iraq Study this is a bill that had unanimous sup- the center of Saddam’s al Faw Palace, Group report. port in the committee. We, in the next they understand the many hardships Finally, I understand, I believe very week or so, will be hearing differences made in our name. They have com- well, how difficult this issue is for on issues, including Iraq, and that is pleted tour after tour away from their many of our Members. I know the sor- totally what we are all about: to ex- families, risking everything, every- row and the frustration that they and press our feelings in a civil way and in thing for the security of this country. their constituents feel. If I knew a a strong way. They do so because they understand great option as to how we could pre- But I add my thanks to him for his the circumstances that, however great serve our Nation’s security and with- contribution for so many decades going the costs of this war, the costs are im- draw and stop the unfortunate casual- back. When he speaks about the situa- measurably greater still if we abandon ties that are incurred by these brave tion we are in in Iraq, he speaks with it prematurely. All they ask is that we young people, I would embrace it to- not only great feeling but also with support them in their noble mission. morrow. great experience, and I think every I wish we had planned to fight this Part of this debate is going to be pro- Member of this body treasures our rela- war correctly the first time. But we posals that people have made about tionship with Senator MCCAIN and the

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8895 experience he brings to this debate. He strengths for each active-duty and selected tion of that act any legislative provisions has the commitment, I hope, of every- reserve component of the U.S. armed forces. that enforce the constitutional rights of in- body in this body that the debate, as CBO estimates that appropriation of the au- dividuals. CBO has determined that section we proceed relative to Iraq or any thorized amounts would result in additional 1022 would fall within that exclusion because outlays of $621 billion over the 2008–2012 pe- other issues in this week and next, will it would amend the authority of the Presi- riod. dent to employ the armed services to protect proceed in a very civil way. Including outlays from funds previously individuals’ civil rights. Therefore, CBO has This issue requires all of the wisdom appropriated, spending for defense programs not reviewed that section of the bill for man- we can muster, all of the experiences of authorized by the bill would total about $599 dates. the various Members, and he has my billion in 2008, CBO estimates. The bill also assurance, and I think he would have contains provisions that would both increase Other provisions of S. 1547 contain both intergovernmental and private-sector man- the assurance of every Member of this and decrease costs of discretionary defense programs in future years. Most of those pro- dates as defined in UMRA but CBO estimates body, that the tone he sets and wants visions would affect force structure, com- that the annual cost of those mandates us to maintain will indeed be main- pensation, and benefits. In total, such provi- would not exceed the thresholds established tained by this Senate. I am confident sions would raise costs by $9 billion in 2008 in UMRA ($66 million for intergovernmental of that, and thank him again for his re- (this amount is included in the above total of mandates in 2007 and $131 million for private- marks and for his great contribution to $629 billion specifically authorized for that sector mandates in 2007, adjusted annually this bill. year) and by $4 billion to $6 billion annually for inflation). over the 2009–2012 period. Madam President, I ask unanimous The bill also contains several provisions consent that the Congressional Budget The bill contains provisions that would both increase and decrease direct spending that would benefit state and local govern- Office cost estimate of the Senate from changes to TRICARE For Life, the for- ments. Some of those provisions would au- version of the National Defense Au- eign currency fluctuation account, combat- thorize aid for certain local schools with de- thorization Act for Fiscal Year 2008, related special compensation, and other pro- pendents of defense personnel and convey which was not available when the re- grams. We estimate that those provisions certain parcels of land to state and local gov- port on that bill, S. 1547, was filed, be combined would decrease direct spending by ernments. Any costs to those governments would be incurred voluntarily as a condition printed in the RECORD. $309 million in 2008, $714 million over the There being no objection, the mate- 2008–2012 period, and $2.1 billion over the of receiving federal assistance. rial was ordered to be printed in the 2008–2017 period. Those totals include esti- Estimated cost to the federal government: mated net receipts from asset sales of a little RECORD, as follows: The estimated budgetary impact of S. 1547 is under $0.6 billion over the 2008–2017 period. summarized in Table 1. Most of the costs of S. 1547—NATIONAL DEFENSE AUTHORIZATION (Under current scorekeeping rules and con- this legislation fall within budget function ACT FOR FISCAL YEAR 2008 ventions, asset sale receipts are recorded as 050 (national defense). Summary: S. 1547 would authorize appro- a credit against direct spending as long as priations totaling $629 billion for fiscal year such sales would not result in a net financial Basis of estimate: For this estimate, CBO 2008 for the military functions of the Depart- cost to the government—as determined on a assumes that S. 1547 will be enacted near the ment of Defense (DoD), for activities of the present value basis.) In addition, enacting start of fiscal year 2008 and that the author- Department of Energy (DOE), and for other the bill would have a negligible effect on rev- ized amount will be appropriated for that purposes. That total includes $128 billion for enues. year. The estimated outlays from authoriza- military operations in Iraq and Afghanistan. Section 4 of the Unfunded Mandates Re- tions of regular appropriations are based on In addition, S. 1547 would prescribe personnel form Act (UMRA) excludes from the applica- historical spending patterns. TABLE 1.—BUDGETARY IMPACT OF S. 1547, THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008 a

By fiscal year, in millions of dollars 2007 2008 2009 2010 2011 2012

SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for Programs Authorized by S. 1547: Budget Authority b ...... 617,085 0 0 0 0 0 Estimated Outlays ...... 551,703 219,217 79,329 27,802 10,589 4,277 Proposed Changes: Authorization of Regular Appropriations for 2008: Authorization Level ...... 0 501,033 0 0 0 0 Estimated Outlays ...... 0 320,660 116,444 39,156 12,588 4,993 Authorization of Appropriations for 2008 for Military Operations in Iraq and Afghanistan: Authorization Level ...... 0 128,226 0 0 0 0 Estimated Outlays ...... 0 59,054 45,470 15,961 4,751 1,648 Spending Under S. 1547: Authorization Level b ...... 617,085 629,259 0 0 0 0 Estimated Outlays ...... 551,703 598,931 241,243 82,919 27,928 10,918 CHANGES IN DIRECT SPENDING (INCLUDING ASSET SALES) c Estimated Budget Authority ...... 0 ¥112 ¥138 84 26 54 Estimated Outlays ...... 0 ¥309 ¥287 ¥72 ¥62 14

a Enactment of S. 1547 would have an insignificant effect on federal revenues. b The 2007 level is the amount appropriated for programs authorized by the bill. That figure includes $99.3 billion that was recently provided in Public Law 110–28, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. The 2007 level shown here is slightly lower than the comparable figure presented in CBO’s cost estimate for H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, as passed by the House, because H.R. 1585 would authorize appropriations for some existing programs that would not be authorized by S. 1547. c In addition to the direct spending effects shown here, enacting S. 1547 would have additional effects on direct spending after 2012 (see Table 4). The estimated changes in direct spending (including asset sales) would reduce outlays by $2.1 billion over the 2008–2017 period. Note—For 2008, the authorization levels under ‘‘Proposed Changes’’ include amounts specifically authorized by the bill. As discussed in footnote 1 of the ‘‘Summary’’ to this estimate, the $629 billion that would be authorized by the bill does not include $11 billion in TRICARE For Life accrual payments that will be made under current law. (For additional information on those payments, see the discussion under ‘‘Previous CBO Estimates.’’) The bill also implicitly authorizes some activities in 2009 through 2012; those authorizations are not included above (but are shown in Table 3) because funding for those activities would be covered by specific authorizations in future years.

Spending subject to appropriation: The bill authorization and by authorizations in fu- tion, such a contract can reduce the cost of would specifically authorize appropriations ture years. Table 3 contains estimates of an acquisition compared with the cost of totaling $629 billion in 2008 (see Table 2). those amounts. buying the items through a series of annual Nearly all of that amount falls within budget Multiyear procurement. Multiyear pro- procurement contracts. function 050 (national defense), while a small curement is a special contracting method Such contracts frequently include provi- portion—$62 million for the Armed Forces authorized in title 10, United States Code, sions that require DoD to pay for unre- Retirement Home—falls within budget func- section 2306b that permits the government to covered fixed costs in the event that the con- tion 600 (income security). enter into contracts covering acquisitions tract is canceled before completion. DoD Of the $629 billion in funding for 2008 au- for more than one year but not more than does not budget for, obtain, or obligate funds thorized by the bill for the costs of defense five years, even though the total funds re- sufficient to pay for those contractual com- programs, $128 billion of that amount would quired for every year are not appropriated at mitments at the time they are incurred. Au- be for DoD costs associated with continuing the time the contracts are awarded. As part thorizing DoD to initiate a multiyear pro- operations in Iraq and Afghanistan. of such a contract, the government commits curement program with such unfunded can- The bill also contains provisions that to purchase all items specified at the time cellation liabilities provides contract au- would both increase and decrease various the contract is signed, including those to be thority—a form of budget authority—be- costs, mostly for changes in end strength, produced and paid for in subsequent years. cause it allows the department to incur that military compensation, and health benefits, Because multiyear procurement allows a liability in advance of appropriations. CBO that would be covered by the fiscal year 2008 contractor to plan for more efficient produc- believes that the full cost of such liabilities

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8896 CONGRESSIONAL RECORD — SENATE July 10, 2007 should be recorded in the budget at the time tort the resource allocation process by un- gresses to find the resources to pay for deci- they are incurred. The failure to request derstating the cost of decisions made for the sions made today. funding for cancellation liabilities may dis- budget year and may require future Con- TABLE 2.—SPECIFIED AUTHORIZATIONS IN S. 1547

By fiscal year, in millions of dollars— Category 2008 2009 2010 2011 2012

Authorization of Regular Appropriations: Department of Defense: Military Personnel: Authorization Level a ...... 109,352 0 0 0 0 Estimated Outlays ...... 103,409 5,411 175 25 0 Operation and Maintenance: Authorization Level ...... 166,618 0 0 0 0 Estimated Outlays ...... 127,463 31,030 4,824 1,723 727 Procurement: Authorization Level ...... 110,731 0 0 0 0 Estimated Outlays ...... 32,226 41,476 22,272 7,451 3,126 Research and Development: Authorization Level ...... 74,208 0 0 0 0 Estimated Outlays ...... 41,037 26,828 4,553 1,051 297 Military Construction and Family Housing: Authorization Level ...... 21,784 0 0 0 0 Estimated Outlays ...... 3,037 7,332 6,759 2,488 919 Revolving Funds: Authorization Level ...... 2,395 0 0 0 0 Estimated Outlays ...... 1,760 476 86 50 24 General Transfer Authority: Authorization Level ...... 0 0 0 0 0 Estimated Outlays ...... 1,000 ¥200 ¥400 ¥200 ¥100 Subtotal, Department of Defense: Authorization Level a ...... 485,088 0 0 0 0 Estimated Outlays ...... 309,932 112,353 38,269 12,588 4,993 Atomic Energy Defense Activities b: Authorization Level ...... 15,883 0 0 0 0 Estimated Outlays ...... 10,676 4,082 887 0 0 Armed Forces Retirement Home: Authorization Level ...... 62 0 0 0 0 Estimated Outlays ...... 52 9 0 0 0 Subtotal, Authorization of Regular Appropriations: Authorization Level ...... 501,033 0 0 0 0 Estimated Outlays ...... 320,660 116,444 39,156 12,588 4,993 Authorization of Appropriations for Military Operations in Iraq and Afghanistan: Military Personnel: Authorization Level ...... 12,922 0 0 0 0 Estimated Outlays ...... 12,190 689 17 2 0 Operation and Maintenance: Authorization Level ...... 78,117 0 0 0 0 Estimated Outlays ...... 36,478 30,588 7,581 1,940 904 Procurement: Authorization Level ...... 32,803 0 0 0 0 Estimated Outlays ...... 8,069 12,685 7,908 2,714 725 Research and Development: Authorization Level ...... 1,950 0 0 0 0 Estimated Outlays ...... 1,117 683 111 23 6 Military Construction: Authorization Level ...... 753 0 0 0 0 Estimated Outlays ...... 8 309 286 98 38 Revolving Funds: Authorization Level ...... 1,681 0 0 0 0 Estimated Outlays ...... 947 569 128 27 10 Special Transfer Authority: Authorization Level ...... 0 0 0 0 0 Estimated Outlays ...... 245 ¥53 ¥70 ¥53 ¥35 Subtotal, Iraq and Afghanistan: Authorization Level ...... 128,226 0 0 0 0 Estimated Outlays ...... 59,054 45,470 15,961 4,751 1,648 Total Specified Authorizations: Authorization Level a ...... 629,259 0 0 0 0 Estimated Outlays ...... 379,714 161,914 55,117 17,339 6,641

a As discussed in footnote 1 of the ‘‘Summary’’ to this estimate, this figure does not include the effect of an estimated $11 billion in TRICARE For Life accrual payments that will be made under current law. For additional information, see the discussion under ‘‘Previous CBO Estimates.’’ b These authorizations are primarily for atomic energy activities within the Department of Energy.

TABLE 3.—ESTIMATED AUTHORIZATIONS OF APPROPRIATIONS FOR SELECTED PROVISIONS IN S. 1547

By fiscal year, in millions of dollars Category 2008 2009 2010 2011 2012

FORCE STRUCTURE Army and Marine Corps Active-Duty End Strengths ...... 6,683 4,821 4,257 3,292 2,930 Navy and Air Force Active-Duty End Strengths ...... ¥583 ¥935 ¥966 ¥1,000 ¥1,033 Reserve Component End Strengths ...... 306 71 50 52 53 Reserve Technicians ...... ¥7 ¥15 ¥15 ¥16 ¥16 Grade Structure ...... 97 182 248 257 265 COMPENSATION AND BENEFITS (DOD) Pay Raise ...... 311 425 439 454 469 Expiring Bonuses and Allowances ...... 2,127 916 370 185 180 Hardship Duty Pay ...... 79 56 33 23 23 Leave Carryover ...... 4 21 22 23 23 Accession Bonus for Health Professional Scholarship ...... 15 15 15 15 15 Special Pays for Medical Officers ...... 8 9 10 10 10 Dental Officer Special Pay ...... 8 8 8 8 8 Loan Repayment for Reserves ...... 1 2 3 4 5 DEFENSE HEALTH PROGRAM Discount Drug Pricing ...... ¥300 ¥330 ¥360 ¥390 ¥430 OTHER Defense Acquisition Workforce Development Fund ...... 300 725 1,150 1,600 1,625 Notes.—For every item in this table, the 2008 levels are included in Table 2 as amounts specifically authorized to be appropriated by the bill. Amounts shown in this table for 2009 through 2012 are not included in Table 1, because authorizations for those amounts would be covered by specific authorizations in future years. Figures shown here may not add to numbers in the text because of rounding.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8897 This bill would authorize the Department 4,900, with the Navy Reserve and Air Force bonuses to certain health care professionals of Defense to enter into multiyear procure- Reserve losing personnel while the Army Re- would cost $26 million in 2008 and $15 million ment contracts for three programs: enhance- serve and National Guard would see an in- in 2009; special payments for aviators and ments to the Abrams tank, upgrades to the crease. However, the cost savings from that personnel qualified to operate and maintain Bradley Fighting Vehicle, and new Virginia net decrease would be more than offset by naval nuclear propulsion plants would cost class submarines. the cost of an increase of 1,900 in the number $104 million in 2008 and $72 million in 2009; Section 111 would authorize the Army to of reservists who serve on active duty in sup- retention and accession bonuses for officers enter a multiyear contract for up to five port of the reserves. CBO estimates that the and enlisted members with critical skills years to acquire a number of improvements net result of implementing those provisions would cost $95 million in 2008 and $42 million to M1A1 Abrams tanks over a five-year pe- would be an increase in costs for salaries and in 2009; payment of reenlistment bonuses for riod. If granted this authority, the Army other expenses for selected reservists of $306 active-duty and reserve personnel would cost plans to enter a contract for the 2008–2012 pe- million in 2008 and about $50 million a year $1.2 billion in 2008 and $451 million in 2009; riod to modify 577 tanks at a total cost of thereafter as compared to the authorized and enlistment bonuses for active-duty and $1,595 million; it has requested $639 million end-strength levels for 2007. Costs would be reserve personnel would cost $638 million in in 2008 to upgrade 241 tanks. The Army esti- higher in 2008 and 2009 than in later years as 2008 and $330 million in 2009. mates that a multiyear procurement con- a result of the need to procure new equip- Most of these changes would result in addi- tract for those tank modifications would ment for the additional Army National tional, smaller costs in subsequent years be- cost $178 million less than a series of annual Guard personnel. cause many payments are made in install- procurement contracts for those systems. In addition, sections 413 and 414 would au- ments. In total, extending authority for the Section 112 would authorize the Army to thorize the minimum end-strength level for expiring bonus and allowances would cost enter a multiyear contract to acquire a num- military technicians, who are federal civil- about $2.1 billion in 2008 and $3.8 billion over ber of improvements to the Bradley Fighting ian personnel required to maintain member- five years. Vehicle. According to budget documents pro- ship in a selected reserve component as a Hardship duty pay. Section 617 would in- vided by the Army, the service would use condition of their employment. Under this crease the maximum allowable amount of this authority to enter a contract for the bill, the required number of technicians hardship duty pay from $750 per month to 2008–2011 period to modify 965 vehicles at a would decrease by 128 relative to the levels $1,500 per month. The Army reports that it total cost of $2,310 million; it has requested currently authorized. CBO estimates the sav- would use this additional authority as part $1,151 million in 2008 to upgrade 525 vehicles. ings in civilian salaries and expenses that of its ‘‘Warrior Pay’’ program, which would The Army estimates that a multiyear pro- would result from fewer military technicians provide extra incentives to military per- curement contract for those modifications would be about $7 million in 2008 and about sonnel who make frequent deployments to would cost $131 million less than a series of $15 million annually thereafter, as compared combat zones. Based on information from annual procurement contracts for those sys- to the minimum end-strength levels for tech- the Army, CBO estimates the total cost of tems. nicians in 2007. implementing this section would be $79 mil- Section 131 would authorize the Navy to The bill also would authorize an end lion in 2008 and $214 million over the 2008– enter a multiyear contract for Virginia-class strength of 10,000 servicemembers in 2008 for 2012 period. Costs would be lower in later submarines beginning in fiscal year 2009. The the Coast Guard Reserve. Because this au- years because CBO expects overseas deploy- Navy plans to enter a contract for the 2009– thorization is the same as that under current ments will decrease. 2013 period to purchase seven submarines at law, CBO does not estimate any additional Leave carryover. Section 591 would allow a total cost of $19.1 billion; it has requested costs for this provision. servicemembers to carry up to 90 days of $703 million in 2008 to buy certain compo- Grade structure. Sections 501, 502, and 521 leave from one year to the next and also nents in economic quantities and to order would increase the number of would allow members to sell accumulated items that have lengthy production times. servicemembers in certain grades. Sections leave in excess of 120 days back to the gov- The Navy estimates that a multiyear pro- 501 and 502 would increase the number of offi- ernment. Under current law, members may curement contract would cost $2.9 billion cers authorized to serve as majors in the carryover a maximum of 60 days of leave at less than a series of annual procurement con- Army and as lieutenant commanders, com- the end of each fiscal year, unless they have tracts for those vessels. manders, and captains in the Navy. Section recently participated in a contingency oper- Force structure. The bill would affect force 521 would allow the services to increase the ation, in which case they can carry over up structure by setting end-strength levels for percentage of personnel serving in the pay- to 120 days of leave. Section 591 would in- the various military services and by increas- grade of E–9 from 1 percent of the enlisted crease the maximum carryover allowed to 90 ing the number of personnel in higher pay force to 1.25 percent. Those changes would days for members who have not participated grades. not increase the overall end strength, but in a contingency operation. Military end strength. Title IV would au- would result in more promotions to those When members reenlist or separate, they thorize end-strength levels in 2008 for active- ranks. CBO estimates that the additional are currently allowed to sell up to 60 days of duty personnel and personnel in the selected pay and benefits associated with promoting leave back to the government. However, in- reserves of about 1,370,000 and 850,000, respec- personnel to those higher grades would be creasing the amount of leave carried over tively. Of those selected reservists, about about $100 million in 2008 and $1 billion over from year to year would increase the average 76,000 would serve on active duty in support the 2008–2012 period. amount of leave sold back to the govern- of the reserves. In total, active-duty end Compensation and benefits. S. 1547 con- ment, even within the 60-day buyback limit. strength would increase by about 4,000 and tains several provisions that would affect According to data from DoD, in 2006, almost selected-reserve end strength would decrease military compensation and benefits for uni- 150,000 personnel were each paid for an aver- by about 5,000 when compared to levels au- formed personnel. The bill would specifically age of 19 days of leave at a total cost of thorized for 2007. authorize regular appropriations of $109 bil- about $250 million. Based on an analysis of Section 401 would authorize increases to lion and additional appropriations for oper- current leave balances provided by the De- the active-duty end strengths of the Army ations in Iraq and Afghanistan of $13 billion fense Finance and Accounting Service, CBO and Marine Corps relative to the personnel for costs of military pay and allowances in estimates that increasing leave carryover to levels authorized for 2007. CBO estimates 2008. 90 days would increase the average amount that those increases—13,000 additional per- Pay raise. Section 601 would raise basic of leave sold back to the government by sonnel for the Army and 9,000 for the Marine pay for all individuals in the uniformed serv- about 7 percent. This would increase the an- Corps—would increase costs to DoD by about ices by 3.5 percent, effective January 1, 2008. nual cost of payments for unused leave by $7 billion in 2008 and about $22 billion over CBO estimates the total cost of a 3.5 percent about $17 million beginning in fiscal year the 2008–2012 period. Those costs include the raise in 2008 would be about $2.2 billion. Be- 2009. pay and benefits of the additional personnel, cause the pay raise would be above that pro- In addition, section 591 would allow mem- as well as costs for operation and mainte- jected under current law (under current law bers to sell accumulated leave in excess of nance, procurement, and construction. a 3 percent across-the-board increase would 120 days back to the government. Based on Section 401 also would decrease the Navy’s go into effect on January 1, 2008), CBO esti- data from DoD, CBO estimates that, each active-duty end strength by 12,300 and the mates that the incremental cost associated year, about 2,000 servicemembers will have Air Force’s active-duty end strength by 5,600. with the larger pay raise would be about $311 leave in excess of 120 days—about 131 days of CBO estimates that, combined, those de- million in 2008 and $2.1 billion over the 2008– leave, on average, for that group. The cost to creases in end strength would cut costs for 2012 period. DoD to buy back those extra days would be salaries and other expenses by about $580 Bonuses and allowances. Sections 611 about $155 per person per day, so that the million in the first year and about $1 billion through 614 would extend DoD’s authority to cost would be about $4 million in 2008 and $21 annually in subsequent years. pay certain bonuses and allowances to mili- million over the 2008–2012 period. When com- Sections 411 and 412 would authorize the tary personnel. Under current law, most of bined with the increase in leave carryover, end strengths for the reserve components, in- these authorities are scheduled to expire in CBO estimates the total cost of imple- cluding those full-time reservists who serve December 2007. The bill would extend these menting section 591 would be $4 million in on active duty in support of the reserves. authorities for another year. Based on data 2008 and $93 million over the 2008–2012 period. Under this bill, the selected reserve would provided by DoD, CBO estimates that: Au- Accession bonus for health professions experience a net decrease in end strength of thorities to make special payments and give scholarship. Section 624 would allow DoD to

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8898 CONGRESSIONAL RECORD — SENATE July 10, 2007 award accession bonuses of up to $20,000 to Loan repayment for reserves. Section 672 Defense acquisition workforce develop- students who enroll in the Health Profes- would expand DoD’s education loan repayment fund. Section 844 would establish the sions Scholarship and Financial Assistance ment program to include officers in the se- Defense Acquisition Workforce Development Programs. Those programs pay the tuition lected reserve. Enlisted reservists are cur- Fund to dedicate funding for recruiting, and stipends of medical students who agree rently eligible to receive benefits under this training, and retaining acquisition personnel to serve in the armed forces upon completion program. Assuming that officer enrollment in excess of the levels DoD is currently using of their studies. Because the armed forces in this program would be proportionate to for those purposes. Military services and de- are having difficulty recruiting medical pro- that of enlisted members with college defense agencies would be required to deposit fessionals, CBO believes that DoD would use grees, CBO estimates that DoD would ini- the maximum amount of this authority if tiate loan repayment for about 620 reserve into the fund in each fiscal year a percentage funding were made available. Based on data officers each year if this authority were en- of the funds expended in that year on con- from DoD, CBO estimates about 750 students acted. CBO estimates the average amount of tracts for services, other than services re- would enroll in the program and receive this the loan repayments would total about $7,000 lated to research and development or con- bonus each year, and that the total cost of per person and would be paid over six years struction. That percentage would increase in implementing section 624 would be $15 mil- in annual increments of about $1,200, so that even steps from 0.5 percent of such expendi- lion in 2008 and $74 million over the 2008–2012 the total cost of this section would be $1 mil- tures in 2008 to 2 percent in 2011 and there- period. lion in 2008 and $14 million over the 2008–2012 after. Special pay for medical officers. Section period. 615 would increase the maximum allowable Discount drug pricing. Under current law, Based on information from the Federal amounts for both incentive special pay and DoD is one of several federal agencies that Procurement Data System, CBO estimates the multiyear retention bonus for medical receives from pharmaceutical makers a sig- that DoD will expend approximately $75 bil- officers from $50,000 to $75,000 for each year nificantly reduced price for drugs on the lion to $80 billion each year on contracts for the officer agrees to remain in the armed Federal Supply Schedule (FSS). Through services covered under this provision. The re- forces. There are currently only three med- this program, DoD is able to procure at a dis- quired deposit would be in addition to the ical specialties that are paid at, or near, the count the drugs that it provides to bene- amounts necessary to pay for the perform- current maximum amounts: neurologists, ra- ficiaries through its hospital pharmacies and ance of the services contracts. CBO esti- diologists, and anesthesiologists. The total mail-order program. However, under DoD’s mates that implementing section 844 would number of personnel in those specialties is TRICARE programs, beneficiaries can also increase personnel and training costs by currently about 630, although to qualify for fill prescriptions at retail pharmacies. Many about $5.5 billion over the 2008–2012 period. incentive special pay medical officers must drug manufacturers have refused to provide Most of the deposits to the fund would be re- discounted prices to DoD for medications first complete their initial service agree- lated to expenditures of future appropria- ments with DoD, and to qualify for the re- provided to beneficiaries in that manner. tions. Those discretionary costs would total tention bonus an officer must have at least Section 701 would require drug manufac- $300 million in 2008 and $5.4 billion over the eight years of service. Based on DoD data, turers to provide FSS pricing on purchases 2008–2012 period. The remainder of the depos- CBO estimates that about 50 percent of those covered by TRICARE at retail pharmacies. 630 people would be eligible for the increased Based on information from DoD about pre- its, which would be related to the expendi- incentive special pay and about 15 percent scriptions filled at retail pharmacies by ac- ture of funds that were appropriated in fiscal would receive the higher retention bonus. tive-duty dependents and retirees and their year 2007 and in prior years, would constitute CBO estimates the total cost of imple- dependents under age 65, CBO estimates that direct spending. Those costs are described menting this section would be $8 million in implementing this section could result in later in this estimate. 2008 and $48 million over the 2008–2012 period. savings of about $300 million in 2008 and Direct spending: The bill contains provi- about $1.8 billion over the 2008–2012 period. Dental officer special pay. Section 616 sions that would increase and decrease direct This estimate is based on the difference be- would increase additional special pay for spending from changes to TRICARE For tween what DoD currently pays drug manu- dental officers with less than 10 years of Life, the foreign currency fluctuation ac- service by $6,000 per year. Currently, those facturers for prescriptions filled at retail count, combat-related special compensation, personnel receive either $4,000 or $6,000 per pharmacies and the FSS prices for those year depending on their seniority. This sec- drugs. The estimate takes into account price and other programs. S. 1547 also would in- tion would increase those amounts to $10,000 inflation, projected increases in drug usage, crease receipts from asset sales, as discussed and $12,000. Based on data from DoD, CBO es- and a growing active-duty population, re- in the following section. We estimate that timates about 1,350 dentists would receive sulting in increased savings in future years. those provisions combined would decrease di- the increase in additional special pay if this (See the discussion in the ‘‘Direct Spending’’ rect spending by $309 million in 2008, $714 section were enacted, for a cost of $8 million section for CBO’s evaluation of this provi- million over the 2008–2012 period, and $2,088 in 2008 and $41 million over the 2008–2012 pe- sion on the mandatory TRICARE For Life million over the 2008–2017 period (see Table riod. program.) 4). TABLE 4.—DIRECT SPENDING, ASSET SALES, REVENUES [By fiscal year, in millions of dollars]

Total 2008– Total 2008– 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2012 2017

CHANGES IN DIRECT SPENDING (EXCLUDING ASSET SALES) Discount Drug Pricing: Estimated Budget Authority ...... ¥360 ¥390 ¥420 ¥460 ¥500 ¥540 ¥580 ¥630 ¥680 ¥740 ¥2,130 ¥5,300 Estimated Outlays ...... ¥360 ¥390 ¥420 ¥460 ¥500 ¥540 ¥580 ¥630 ¥680 ¥740 ¥2,130 ¥5,300 Transfers to Foreign Currency Account: Estimated Budget Authority ...... 200 300 500 500 500 0 0 0 0 0 2,000 2,000 Estimated Outlays...... 100 200 400 450 500 250 100 0 0 0 1,650 2,000 Combat-Related Special Compensation: Estimated Budget Authority...... 7 70 98 65 67 69 72 74 76 79 308 678 Estimated Outlays...... 7 70 98 65 67 69 72 74 76 79 308 678 Aviation War Risk Insurance: Estimated Budget Authority ...... ¥80 ¥160 ¥120 ¥60 ¥10 30 200 240 210 150 ¥430 400 Estimated Outlays ...... ¥80 ¥160 ¥120 ¥60 ¥10 30 200 240 210 150 ¥430 400 Multiyear Contracts for Renewable Electricity: Estimated Budget Authority ...... 80 80 80 80 80 80 0 0 0 0 400 480 Estimated Outlays...... 8 16 24 32 40 48 48 48 48 48 120 360 Early Reserve Retirement: Estimated Budget Authority ...... * 2 6 11 16 20 28 35 43 52 35 213 Estimated Outlays...... * 2 6 11 16 20 28 35 43 52 35 213 Defense Acquisition Workforce Development Fund: Estimated Budget Authority...... 90 30 20 0 0 0 0 0 0 0 140 140 Estimated Outlays...... 65 45 20 10 0 0 0 0 0 0 140 140 Spending of Reimbursements from Palau: Estimated Budget Authority...... * * * * * * * * * * 1 3 Estimated Outlays...... * * * * * * * * * * 1 2 Extension of FEGLI for Reservists: Estimated Budget Authority...... 1 * * * * * * * * * 1 1 Estimated Outlays...... 1 * * * * * * * * * 1 1 Subtotal: Estimated Budget Authority ...... ¥62 ¥68 164 136 153 ¥341 ¥280 ¥281 ¥351 ¥459 325 ¥1,385 Estimated Outlays ...... ¥259 ¥217 8 48 113 ¥123 ¥132 ¥233 ¥303 ¥411 ¥305 ¥1,506 ASSET SALES National Defense Stockpile: Estimated Budget Authority ...... ¥50 ¥70 ¥80 ¥110 ¥99 ¥70 ¥60 ¥43 ¥0 ¥0 ¥409 ¥582 Estimated Outlays ...... ¥50 ¥70 ¥80 ¥110 ¥99 ¥70 ¥60 ¥43 ¥0 ¥0 ¥409 ¥582 Total Changes: Estimated Budget Authority ...... ¥112 ¥138 84 26 54 ¥411 ¥340 ¥324 ¥351 ¥459 ¥84 ¥1,967

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8899 TABLE 4.—DIRECT SPENDING, ASSET SALES, REVENUES—Continued [By fiscal year, in millions of dollars]

Total 2008– Total 2008– 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2012 2017

Estimated Outlays ...... ¥309 ¥287 ¥72 ¥62 14 ¥193 ¥192 ¥276 ¥303 ¥411 ¥714 ¥2,088 Notes.—FEGLI = Federal Employees’ Group Life Insurance. * = less than $500,000. Components may not sum to totals because of rounding.

Discount drug pricing. Under current law, when actual exchange rates are less favor- mates that enacting this provision would in- DoD is one of several federal agencies that able than the exchange rates that DoD used crease direct spending by $7 million in 2008, receives from pharmaceutical makers a sig- in formulating its budget. If those trans- $308 million over the 2008–2012 period, and nificantly reduced price for drugs on the fers—to cover such losses—prove to exceed $678 million over the 2008–2017 period. Federal Supply Schedule (FSS). Through DoD’s requirements, the department can Aviation war-risk insurance. Under cur- this program, DoD is able to procure at a dis- once again transfer funds back to the FCF,D rent law, the Federal Aviation Administra- count the drugs that it provides to bene- account within a corresponding two-year pe- tion (FAA) offers a commercial aviation in- ficiaries through its hospital pharmacies and riod. In addition, if actual exchange rates surance program that, for a premium, in- mail-order program. However, under DoD’s prove more favorable than DoD’s forecast, sures air carriers and certain manufacturers TRICARE programs, including the TRICARE the department can transfer those ‘‘gains’’ against liabilities arising from losses caused For Life program for retirees and their de- into the FCF,D account. by terrorist events. The FAA also offers a pendents age 65 and over, beneficiaries can Section 1007 would extend—from two years non-premium insurance program to air car- also fill prescriptions at retail pharmacies. to five years—the time period that DoD riers that participate in the Civil Reserve Many drug manufacturers have refused to could transfer expired balances from the Air Fleet (CRAF). The FAA’s authority to provide discounted prices to DoD for medica- military personnel and operation and main- operate both of those programs is scheduled tions provided to beneficiaries in that man- tenance accounts to the FCF,D account. This to expire on March 30, 2008. Section 353 would ner. would result in a reappropriation of funds by extend those programs through December 31, Section 701 would require drug manufac- allowing existing appropriations that are 2013. CBO estimates that extending the turers to provide FSS pricing on purchases currently expired—or that will otherwise ex- CRAF program through 2013 would have no covered by TRICARE at retail pharmacies. pire under current law—to become newly significant budgetary impact; however, ex- Based on information from DoD about pre- available for obligation. tending the FAA’s authority to offer com- scriptions filled at retail pharmacies by re- Under section 1007, DoD would have access mercial aviation insurance through 2013 tirees and their dependents age 65 and over, to a larger pool of balances that could be would reduce net direct spending by $80 mil- CBO estimates that implementing this sec- transferred into the FCF,D account because lion in 2008 and $430 million over the 2008– tion could reduce direct spending by about under the existing two-year limit, DoD’s pro- 2012 period, but would increase net direct $360 million in 2008, $2.1 billion over the 2008– gram managers are reluctant to allow such spending by $400 million over the 2008–2017 2012 period, and $5.3 billion over the 2008–2017 transfers when those balances may ulti- period. mately be needed to adjust or liquidate obli- period. This estimate is based on the dif- Those long-term net costs result because gations in later years. Under section 1007, ference between what DoD currently pays CBO assumes that the FAA would continue once the life of the balances approach the drug manufacturers for prescriptions filled to offer commercial aviation insurance at end of the applicable five-year period, man- at retail pharmacies and the FSS prices for rates that would not fully offset the govern- agers would likely allow almost all such bal- those drugs. The estimate takes into account ment’s cost of providing that coverage. ances to be transferred because those funds price inflation and projected increases in Based on information from the FAA about would otherwise be cancelled. drug usage, resulting in increased savings in current rates, CBO estimates that increased During the 2002–2006 period, transfers of ex- future years. (See the above discussion under offsetting receipts from premiums (which are pired balances ranged from $0.6 billion to $1.9 ‘‘Spending Subject to Appropriation’’ for credited against direct spending) would total billion annually. Based on DoD’s past use of CBO’s evaluation of this provision on the dis- $1.1 billion over the 2008–2014 period. CBO expired balances to cover currency losses, on cretionary TRICARE program for active- also estimates, however, that payments for the expanded pool of balances that would be duty dependents and those retirees and their expected losses under section 353 would cost available to cover currency losses, and con- dependents under age 65.) $1.5 billion over the next 10 years, with resid- Transfers to the foreign currency account. sidering the inherent uncertainty in fore- ual spending after 2017. Section 1007 would enhance DoD’s ability to casting exchange rates, CBO estimates that use expired appropriations to cover the costs enacting this section would result in reap- CBO cannot predict how much insured of certain contracts and projects which are propriations of about $200 million in 2008 and damage terrorists might cause to air carriers financed using foreign currencies. CBO esti- about $2 billion over the 2008–2012 period. and manufacturers in any specific year. In- mates that section 1007 would increase direct Outlays would total about $100 million in stead, our estimate of the cost of commer- spending outlays by $100 million in 2008, $1.7 2008, $1.7 billion over the 2008–2012 period, and cial aviation insurance under section 353 rep- billion over the 2008–2012 period, and $2 bil- roughly $2 billion over the 2008–2017 period. resents an expected value of payments from lion over the 2008–2017 period. Under current law almost all applicable the program—a weighted average that re- Under current law, most appropriations balances from appropriations provided in flects the probabilities of various outcomes, are available for obligation for a specified 2007 and prior years will be cancelled after from zero damages up to very large damages number of years and, after that time, they 2012. Therefore, CBO estimates that no bal- caused by possible future terrorist attacks. expire and cease to be available for new obli- ances would be reappropriated in 2013 or in The expected value can be thought of as the gations. Once expired, however, those bal- later years. However, when the Congress pro- amount of an insurance premium that would ances can be used during the following five vides DoD with appropriations for 2008 and be necessary to just offset the risk of pro- years to record, adjust, or liquidate existing future years, DoD would ultimately spend a viding this insurance; indeed, our estimate of obligations. At the end of that five-year pe- higher percentage of those funds if section the expected cost of implementing section riod, any remaining balances are cancelled. 1007 is enacted into law. That added spending 353 is based on actual premiums for ter- Appropriations for military personnel and is not reflected in Table 4 because those out- rorism insurance that have been paid by non- for operation and maintenance generally are lays would be subject to future appropriation U.S. air carriers that must purchase such in- available for obligation for one year, except actions. surance from the private sector. Our esti- as discussed below. Combat-Related Special Compensation mate also recognizes that some costs faced Current law also contains another use for (CRSC). Currently, disabled servicemembers by private insurance firms are not borne by certain DoD funds that have expired. Title 10 who are allowed to retire with less than 20 the federal government. While this cost esti- of the U.S. Code, section 2779, allows DoD to years of service see their retirement annuity mate reflects CBO’s best judgment on the transfer expired appropriations from its offset or reduced by any amount of disability basis of available information, such future military personnel and operation and main- compensation that they receive from VA. costs are a function of inherently unpredict- tenance accounts into its Foreign Currency Retirees who have served 20 or more years in able future terrorist attacks. Actual costs Fluctuations, Defense (FCF,D) account, pro- the service and whose VA-rated disability is could fall anywhere within an extremely vided that the transfer occurs within two related to combat, hazardous duty, or mili- broad range. years of when the applicable appropriation tary training are eligible to receive CRSC. Multiyear contracts for renewable energy. expired, and that the account balance does This compensation replaces part or all of the Section 826 would allow DoD to enter con- not exceed $970 million at the time the trans- portion of their retirement annuity that is tracts for a term of up to 10 years to pur- fer is made. Funds in the account can then offset by VA disability compensation. Sec- chase electricity from renewable sources be transferred back to the military personnel tion 653 would allow disability retirees with such as wind or solar power generators. and operation and maintenance accounts and less than 20 years of service to receive CRSC. Based on information from DoD, CBO ex- be obligated to cover ‘‘losses’’ that occur Based on information from DoD, CBO esti- pects that the department would commit to

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8900 CONGRESSIONAL RECORD — SENATE July 10, 2007 purchasing a guaranteed amount of elec- Defense Acquisition Workforce Development The department has requested that the tricity as part of those contracts, to encour- Fund to dedicate funding for recruiting, cost limit on the authority in current law be age producers to invest in renewable energy training, and retaining acquisition personnel increased so that it can acquire family hous- generation equipment and to enable them to in excess of the levels DoD is currently using ing through build-to-lease contracts. In a acquire financing at favorable interest rates. for those purposes. Deposits to the fund build-to-lease agreement, the government When the government enters a contract would be based on a percentage of expendi- contracts with a developer to build a speci- with a guaranteed purchase amount, it in- tures on contracts for services in a given fied number of housing units in a specified curs a legal obligation for the full cost of year. CBO estimates that over the 2008–2010 location for use by military personnel. Ac- those purchases. However, when DoD has period more than $23 billion will be expended cording to DoD, the military services often used other multiyear contracting authorities on such contracts from funds that have al- agree to a fixed lease term—currently lim- in the past, it has typically obtained budget ready been appropriated. ited to a maximum of 15 years in Korea— authority and recorded obligations only for Most contracts for services are paid from with renewal options for additional periods the payments that were due in the first year appropriations for operation and mainte- of time. Those renewal options can extend of the contract, even though its actual con- nance, which generally are available for obli- the duration of the lease term to 30 years or tractual obligation exceeded that amount. gation for only one year. For the following more. Based on the government’s commit- That method of implementing multiyear five years, those funds—now expired—are ment to lease the housing, the developer bor- procurement authority provides DoD with available only to record, adjust, or liquidate rows money to pay for construction of the contract authority—a form of budget author- existing obligations to the account. At the units, using the promised payments from the ity—because it allows the department to end of that five-year period, any remaining government to demonstrate to lenders a reli- incur an obligation in excess of available ap- balances are cancelled. (Over $1 billion in unable source of income for debt service. propriations. Budget authority for the full expended balances of operation and mainte- CBO believes that acquiring military hous- cost of such contracts should be recorded at nance funds are cancelled each year.) Ex- ing through a build-to-lease contract is a the time it is signed and outlays should be pired, unobligated balances are available to governmental activity that uses a private- recorded over the term of the contracts as pay for an increase in the cost of contracts sector intermediary to serve as an instru- payments are made for the electricity con- for which funds were obligated during the pe- ment of the federal government by bor- sumed. riod of availability. CBO expects that the de- rowing funds to finance the construction of Under current law, DoD is required to ob- partment would treat the requirement to housing on the government’s behalf. Those tain 7.5 percent of its electricity from renew- make deposits into the Fund as an increase build-to-lease agreements should be consid- able energy sources by 2013. It currently gets in the cost of the contracts on which such ered acquisitions rather than leases for sev- about 4 percent of its electricity from such deposits are based, thus allowing it to use eral reasons. First, the housing would be sources. If section 826 were enacted, CBO es- expired, unobligated balances to make the constructed at the request of the govern- timates that DoD would use multiyear con- required deposits for expenditures of funds ment to fill an enduring need for housing for tracts to purchase half the additional renew- that were appropriated prior to enactment of DoD personnel. Second, because the govern- able electricity it needs—nearly 500,000 this bill. Thus, this section would make ment would agree to lease the housing for up megawatt hours per year—to meet that re- those expired balances available for expendi- to 15 years, and may extend the lease term quirement. The cost of renewable energy ture, resulting in a reappropriation of those for additional years under renewal options, would vary based on the mix of wind, solar, funds. CBO estimates that those reappropri- the government would likely consume most and biomass power generators that were ations would increase direct spending by $65 of the useful economic life of the housing. used; CBO estimates that DoD would pay million in 2008 and $140 million over the 2008– Third, the need for at least 15 years of gov- roughly $100 per megawatt hour of renewable 2011 period. (This section would also require ernment commitment to obtain financing in- electricity. CBO assumes that over a six-year DoD to make deposits based on the expendi- dicates that there may not be a private-sec- period, DoD would initiate a series of 10–year ture of funds that have yet to be appro- tor market for the new housing. Finally, the contracts for even increments of additional priated. Those deposits are discretionary government would be the dominant or only electricity at a cost of $80 million per year costs and are discussed above in the section source of income for such projects. Lease until it was acquiring 500,000 megawatt hours on ‘‘Spending Subject to Appropriation.’’) payments are made directly by the govern- of electricity from renewable sources by 2013. Spending of reimbursements from Palau. ment to the housing developer. If the lease is Under such contracts, direct spending would Section 1213 would allow DoD to spend reim- terminated before the end of the fixed term, increase by $8 million in 2008, $120 million bursements from the government of Palau. or before the end of any exercised lease op- over the 2008–2012 period, and $360 million Under current law, Palau reimburses the tions, the government is liable for early ter- over the 2008–2017 period. The first group of United States for the cost of providing mili- mination costs, which, under DoD’s current multiyear contracts that would be initiated tary civic action teams and those receipts— practice, are not funded in the budget when in 2008 would expire after 2017. At that time, about $250,000 annually—are deposited into the lease is signed. The federal government the department would need to enter new con- the U.S. Treasury. CBO estimates that en- also agrees to pay rent on all the units it tracts for renewable electricity to continue acting section 1213 would cost less than leases, regardless of whether they are occu- to satisfy the requirement in current law. $500,000 in every year, and would cost a total pied by DoD personnel or are vacant. CBO estimates that in total, such contracts of $1 million over the 2008–2012 period and $2 The acquisition cost of the housing that would increase direct spending by about $50 million over the 2008–2017 period. would be acquired using the authority is de- million each year after 2017. Extension of Federal Employees Group termined by calculating the present value of Early reserve retirement. Under current Life Insurance (FEGLI) for reservists. Civil- 15 years of lease payments less the portion of law, members of the reserve components ian employees of the federal government are those payments needed for operating and may not receive retirement annuities for entitled to purchase life insurance under the maintenance costs. That amount should be their service until they reach 60 years of age. FEGLI program. Under current law, that in- recorded as budget authority in the year the Section 655 would allow retired reservists to surance coverage may be continued for up to lease is signed, and outlays should be re- receive such annuities earlier if they were 12 months for reservists who are called to accorded over the construction period. Instead, called to active duty as a reservist and tive military service. Section 1103 would ex- DoD treats such arrangements as operating served for at least 90 days. Under this pro- tend FEGLI coverage for up to 24 months of leases, by recording each year’s lease pay- posal, for every 90 days a reservist is acti- active military service. This extension of ments on an annual basis. (The department vated after passage of S. 1547, they would be coverage would initially increase net outlays may not record any obligations in the year it eligible to begin receiving their retirement from the Employees Life Insurance Fund be- enters a contract for the housing because annuities 90 days earlier than they otherwise cause private insurers would most likely in- such housing takes more than one year to would. Relatively few reservists would be crease the premiums they charge the federal build and the first payment would not be due able to take advantage of this provision in government. However, in later years, the until construction was completed.) By using the near future. As most reservists stop ac- Employees Life Insurance Fund would offset the authority to incur an obligation in ad- tive participation in the reserves well before those additional costs by increasing the vance of appropriations, current law provides their 60th birthday, few reservists nearing amount participating employees are required contract authority, which is a form of direct retirement over the next decade will have to contribute to the fund. CBO estimates spending. served on active duty during that decade. that the net cost of implementing this sec- According to DoD, the lease payment Therefore, the full annual costs of this provi- tion would be $1 million in 2008 and $1 mil- under the current cost limit calculation do sion would occur more than 10 years after lion over the 2008–2017 period. not provide enough income for housing de- enactment and are not reflected in this esti- Housing leases in Korea. DoD has author- velopers in Korea to recover their construc- mate. Based upon information from DoD, ity under title 10 of the U.S. Code, section tion costs during the initial 15-year term of CBO estimates that enacting this provision 2828, to lease 2,800 family housing units in the lease. Because it increases the cost limit would have an insignificant effect on direct Korea, at a maximum cost of $35,000 per unit by only $50 per unit, CBO believes that sec- spending in 2008, and would increase direct per year. Under current law, that cost limit tion 2812 is unlikely to facilitate additional spending by about $35 million over the 2008– is adjusted for the change in the consumer build-to-lease contracts in Korea, and thus 2012 period and $213 million over the 2008–2017 price index since 2003, and for the change in would have no effect. If such contracts were period. the foreign currency exchange rate since feasible under the increased limit, DoD could Defense Acquisition Workforce Develop- 1988. Section 2812 would increase the acquire housing worth $575 million, CBO esti- ment Fund. Section 844 would establish the unadjusted cost limit to $35,050 per unit. mates.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8901 Other provisions. The following provisions ket demand was sufficient. Based on recent as defined by UMRA because it would pro- would have an insignificant budgetary im- sales, CBO estimates that the provision hibit the sale of any parts of the F–14 air- pact on direct spending: would not reduce sales because market de- craft by the Department of Defense. It also Section 504 would clarify the maximum mand would be sufficient to allow for the would prohibit the United States govern- age of service for certain general and flag of- continued sales of ferromangenese at ment from issuing an export license for sale ficers. planned levels. of F–14 aircraft parts. Those prohibitions Section 534 would set to 38 the maximum Section 1413 also would allow for addi- would be a mandate upon U.S. persons or en- years of service for reserve officers in the tional sales of 500 tons of chrome metal (up tities that purchased F–14 parts legally from grade of lieutenant general or vice admiral, from planned levels of 500 tons) if the market the Department of Defense with the inten- aligning such limit with that for the active demand was sufficient. CBO estimates that tion to resell the aircraft parts. duty force. this provision would have no significant The cost of the mandate to the private sec- Section 652 would allow guardians or care- budgetary effect because recent sales suggest tor, if any, would be the amount certain takers of dependent children to be des- that those additional sales would not occur. United States persons and entities have al- ignated beneficiaries under the Survivor Revenues: Sections 934 and 1024 would ready paid to purchase the F–14 parts from Benefit Plan. allow DoD to accept and spend gifts. Such the Department of Defense added to the fore- Section 682 would change the treatment of donations are classified as revenues. CBO ex- gone profit attributable to the prohibition of overseas residence relating to certain immi- pects, however, that enactment of those sec- resale of the F–14 parts. From April 2006 to gration benefits for military spouses and tions would not have a significant effect on December 2006, F–14 parts were sold for a children. revenues. total of $38,000. As a result, CBO estimates Section 825 would extend by five years the Intergovernmental and private-sector im- that the cost, if any, to comply with that authority for the Defense Advanced Research pact: Section 4 of the Unfunded Mandates mandate would be minimal. Projects Agency (DARPA) to provide serv- Reform Act excludes from the application of Providing benefits to state and local gov- ices to nongovernmental organizations and that act any legislative provisions that en- ernments: This bill contains several provi- enter into unconventional cooperative agree- force the constitutional rights of individuals. sions that would benefit state and local gov- ments with private contractors for research CBO has determined that section 1022 would ernments. Some of those provisions would relating to the development of advanced fall within that exclusion because it would authorize aid for certain local schools with weapons systems. This provision also would amend the authority of the President to em- dependents of defense personnel and convey extend the authority for DARPA to collect ploy the armed services to protect individ- certain parcels of land to state and local gov- and spend reimbursements for any services uals’ civil rights. Therefore, CBO has not re- ernments. Any costs to those governments rendered. viewed that section of the bill for mandates. would be incurred voluntarily as a condition Section 934 would authorize DoD to oper- Other provisions of S. 1547 contain both of receiving federal assistance. ate a Western Hemisphere Center for Excel- intergovernmental and private-sector man- Previous CBO estimates: On April 12, 2007, lence in Human Rights. This provision would dates as defined in UMRA but CBO estimates CBO transmitted a cost estimate for H.R. allow the center to accept and spend dona- that the annual cost of those mandates 1441, the Stop Arming Iran Act, as ordered tions to help defray operating costs. would not exceed the thresholds established reported by the House Committee on Foreign Section 1024 would make permanent the in UMRA ($66 million for intergovernmental Affairs on March 27, 2007. Section 1030 of S. authority of the Secretaries of the Army, mandates in 2007 and $131 million for private- 1547 is similar to H.R. 1441 and the estimated Navy, and Air Force to accept gifts on behalf sector mandates in 2007, adjusted annually costs are the same for both provisions. of members of the Armed Forces and of civil- for inflation). On May 14, 2007, CBO transmitted a cost es- ian employees of DoD who are injured in the Increasing the end strength of the armed timate for H.R. 1585, the National Defense line of duty. services: Sections 401 and 412 would increase Authorization Act for Fiscal Year 2008, as re- Section 1030 would prohibit DoD from sell- the costs of complying with existing inter- ported by the House Committee on Armed ing parts for the F–14 fighter aircraft, except governmental and private-sector mandates Services. On June 12, CBO transmitted a cost to museums or to other organizations in the as defined in UMRA by increasing the num- estimate for H.R. 1585, the National Defense United States that work to preserve F–14 ber of servicemembers and reservists on ac- Authorization Act for Fiscal Year 2008, as fighter aircraft for historical purposes. (DoD tive duty. Those additional servicemembers passed by the House. Differences in the esti- can spend the proceeds from any such sales would be eligible for protection under the mated costs of S. 1547 and the House-re- without future appropriation action.) Servicemembers Civil Relief Act (SCRA) in- ported and House-passed versions of H.R. 1585 Asset sales—National Defense Stockpile: cluding the right to maintain a single state reflect differences in the legislation, as well Enacting the bill would lead to increased re- of residence for purposes of state and local as different treatments of TRICARE For Life ceipts from the sale of material in the Na- personal income taxes and the right to re- accrual payments, as discussed below. tional Defense Stockpile. Those additional quest a deferral in the payment of certain S. 1547 and H.R. 1585 as passed by the sales would reduce direct spending by $409 state and local taxes and fees. SCRA also re- House, would authorize different levels of ap- million over the 2008–2012 period and by $582 quires creditors to reduce the interest rate propriations but they nevertheless envision a million over the 2008–2015 period. on servicemembers’ obligations to 6 percent similar overall level of funding—roughly $640 Section 1413 would increase by $129 million when such obligations predate active-duty billion—for 2008. Specifically, S. 1547 would the target contained in the National Defense service and allows courts to temporarily authorize appropriations totaling $629 bil- Authorization Act for Fiscal Year 2000 (Pub- stay certain civil proceedings, such as evic- lion, while the House-passed version of H.R. lic Law 106–65; later revised by Public Laws tions, foreclosures, and repossessions. Ex- 1585 would authorize about $12 billion more 108–136 and 109–163) for continual sales of tending these existing protections would than that figure, or $641 billion. The $12 bil- chromium and beryllium from the National constitute intergovernmental and private- lion difference, however, does not reflect a Defense Stockpile. CBO estimates that the sector mandates and could result in addi- vastly different level of recommended fund- additional sales would begin in 2010 and that tional lost revenues to government and pri- ing. Rather, it primarily reflects different there would be sufficient quantities of those vate-sector entities. treatments of $11 billion in TRICARE For materials in the stockpile to complete those The number of active-duty servicemembers Life accrual payments that are part of DoD’s additional sales by 2012. Thus, CBO estimates covered by SCRA would increase by less than budget; S. 1547 does not contain an author- that this section would increase receipts 1 percent in fiscal year 2008. CBO expects ization of appropriations for those payments, from stockpile sales by $129 million over the that relatively few of these servicemembers while H.R. 1585 implicitly does. 2010–2012 period. would take advantage of the deferrals in cer- Those accrual payments, which are cat- Section 1413 also would increase by $453 tain state and local tax payments; the lost egorized as military personnel spending, will million the target contained in the National revenues to those governments would be in- be made under current law regardless of Defense Authorization Act for Fiscal Year significant. whether or not they are authorized on an an- 1999 (Public Law 105–261; later revised by CBO does not have sufficient information nual basis. Furthermore, the payments will Public Laws 106–398, 107–107, 108–375, 109–163, to estimate precisely the increase in costs of be charged to the House and Senate Appro- and 109–364) for continual sales of tungsten existing private-sector mandates. priations Committees and will count against from the National Defense Stockpile, and it Servicemembers’ utilization of the various their discretionary allocations as set forth in would extend sales through fiscal year 2015. provisions of the SCRA depends on a number the most recent budget resolution. CBO estimates that there would be sufficient of uncertain factors, including how often and Despite envisioning similar levels of over- quantities of tungsten in the stockpile to how long they are deployed. Nonetheless, be- all defense funding, there is a notable dif- achieve additional receipts of $50 million in cause the increase in the number of active- ference in the authorizations in S. 1547 and 2008, $280 million over the 2008–2012 period, duty servicemembers covered by SCRA H.R. 1585 as passed by the House. S. 1547 and $453 million over the 2008–2015 period. would be less than 1 percent, CBO expects would authorize $128 billion for DoD’s costs In addition to the increased targets, sec- that the increased costs to the private sector of military operations in Iraq and Afghani- tion 1413 initially would limit the sales of caused by those new servicemembers uti- stan, or about $13 billion less than the ferromanganese from the National Defense lizing SCRA would be small. amount in the House-passed act (which is Stockpile to no more than 50,000 tons in 2008. Prohibiting the sale by Department of De- about equal to the President’s request.) In Additional sales of up to 50,000 tons of fense of parts for F–14 fighter aircraft: Sec- authorizing the lower amount, the Senate ferromangenese would be allowed if the mar- tion 1030 contains a private-sector mandate Committee on Armed Services states that it

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House-passed version of H.R. 1585 (after mak- about the readiness of our ground This legislation also includes my leg- ing adjustments for the TRICARE For Life forces. This legislation before us today islation to establish a National Lan- accrual payments discussed above.) fully funds the Army and Marine Corps guage Council to develop a long-term Estimate prepared by: Federal Costs: De- request for depot level maintenance. I and comprehensive language strategy fense Outlays: Kent Christensen; Military am encouraged that neither the Army and oversee the implementation of that and Civilian Personnel: Matthew Schmit; nor Marine Corps identified a shortage strategy. This will ensure that the ad- Military Construction and Multiyear Pro- curement: David Newman; Military Retire- of funds for depot maintenance. While ministration’s current efforts to pro- ment and Education: Mike Waters; Health the Chief of Naval Operations did bring mote foreign language competency will Programs: Michelle S. Patterson; Aviation to this committee’s attention a fund- develop into an organized and con- War-Risk Insurance: Megan Carroll; Stock- ing shortfall for Navy aircraft depot certed effort to improve the Nation’s pile Sales: Raymond J. Hall; Operation and maintenance, we approved an increase foreign language capabilities. Maintenance: Jason Wheelock; Foreign Af- of $77 million. In addition, we included We also make a valuable and impor- fairs: Sam Papenfuss; Impact on State, $4.8 billion for the procurement of am- tant investment in our infrastructure Local, and Tribal Governments: Neil Hood; munition of all types to support the by providing an additional $461 million Impact on the Private Sector: Victoria Liu. Estimate approved by: Peter H. Fontaine, services’ war fighting, training, and above the budget request to repair, re- Deputy Assistant Director for Budget Anal- war reserve requirements. place, and modernize our aging defense ysis. With regard to the Department of De- facilities and improve the quality of Mr. LEVIN. Madam President, I ask fense’s management and acquisition life and the productivity of our mili- unanimous consent that following the policy, I am particularly pleased this tary. Furthermore, we make a true remarks of the Senator from Hawaii, bill includes a provision requiring, for commitment to provide quality health on this side of the aisle, the order then the first time, that the Department of care for all beneficiaries, including au- be Senator BIDEN and Senator BOXER. Defense have a chief management offi- thorizing $24.6 billion for the Defense The PRESIDING OFFICER. Without cer. The Comptroller General has told Health Program, authorizing the use of objection, it is so ordered. the members of this committee on nu- Federal pricing for drugs dispensed The Senator from Hawaii is recog- merous occasions that the Department through the TRICARE retail program. nized. needs to do this to ensure that the De- In addition, we reject the administra- Mr. AKAKA. Madam President, I partment’s many high-risk areas get tion’s proposal to give DOD broad au- thank Chairman LEVIN and Ranking the top-level management attention thority to increase TRICARE program Member MCCAIN for their leadership they deserve. cost-sharing amounts for military re- and working in a bipartisan fashion to Other important acquisition reform tirees and their dependents. unanimously pass the National Defense provisions included in this bill are as As chairman of the Veterans’ Affairs Authorization Act for Fiscal Year 2008 follows: a provision that would provide Committee and a member of the Armed out of committee. I also thank my the resources that DOD needs to ad- Services Committee, I am able to look ranking member of the Subcommittee dress the shortcomings in its acquisi- at the issue of seamless transition from on Readiness, Senator ENSIGN, and the tion workforce; a series of provisions military to civilian life from two dif- members of that committee for their that would tighten DOD management ferent perspectives and, at the appro- work in bringing this about. of contract services; a provision that priate time, I will be offering an This bill exemplifies what can be would ensure that our commanders on amendment to the underlying bill to achieved through the spirit of bipar- the battlefield have the authority they improve care specifically for veterans. tisan cooperation to address a number need to establish rules for armed con- My friend and colleague Chairman of important defense priorities. As our tractors in an area of combat oper- LEVIN and I have worked together on distinguished chairman has already ations; a provision establishing guide- these issues. We held a joint hearing on highlighted, this bill includes a 3.5 per- lines for DOD to use in determining April 12 and have developed a thought- cent across-the-board pay raise for all whether savings are ‘‘substantial’’ for ful set of provisions to deal with the uniformed personnel, adds $4 billion to the purpose of justifying multiyear VA’s response to traumatic brain inju- the President’s budget for mine resist- contracts; and a provision that would ries, also known as TBI and also known ant vehicles to protect our troops in require that each of the Assistant Sec- as invisible wounds. The amendment I Iraq and Afghanistan. It also author- retaries for Acquisition in the military will be offering includes provisions re- izes fiscal year 2008 end strengths for departments be assisted by a three-star cently approved by the Committee on the Army and Marine Corps, of 525,400 military deputy who has significant ac- Veterans’ Affairs at our markup on and 189,000 respectively, an increase of quisition experience. I believe these June 27. In fact, this amendment is a 13,000 for the Army and 9,000 for the provisions, taken together, will lead to direct product of the committee’s work Marine Corps, and it supports the substantial improvements in the DOD to address seamless transition issues transformation of our Armed Forces to acquisition process. and is the corresponding piece to S. meet the threats of the 21st century. I am particularly pleased this year’s 1606, the Dignified Treatment for As chairman of the Readiness Sub- authorization bill includes a provision Wounded Warriors Act. committee, both Ranking Member EN- to establish a Director of Corrosion At the heart of my amendment are SIGN and I worked with our colleagues Control Policy and Oversight, and the improvements to TBI care. Rank- to continue the subcommittee’s strong funding for corrosion prevention and ing Member CRAIG and I worked on commitment to increasing the readi- control programs. Corrosion is a costly these traumatic brain injury provisions ness of the Armed Forces. In this legis- problem. In fact, it is one of the largest and they have garnered the support of lation, we are providing support to costs in the life cycle of weapons sys- many organizations, including the projects and programs that are impor- tems. In addition, corrosion reduces American Academy of Neurology, the tant to the readiness of the Army, military readiness, as the need to re- Brain Injury Association of America, Navy, Air Force, and Marines, both ac- pair or replace corrosion damage in- and the Disabled American Veterans. tive and reserve components. In this creases the downtime of critical mili- The VA was caught flat-footed by the regard, $188.4 billion is authorized to tary assets. Consequently, I firmly be- large number of devastating TBI cases meet the services’ operation and main- lieve that cohesive corrosion control resulting from the conflicts in Iraq and tenance requirements to support the programs are integral to maintaining Afghanistan. My amendment would go combat operations, improve the readi- military readiness. This critical main- a long way toward resolving the dif- ness of deploying and nondeployed tenance activity increases the life of ficulties faced by soldiers afflicted with forces, and to support the Army and multimillion dollar weapons systems TBI by providing comprehensive TBI

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8903 legislation. It would require individual The PRESIDING OFFICER. Without They elected Democrats. They want rehabilitation plans for veterans with objection, it is so ordered. this war to end. They want this mis- traumatic brain injury and authorizes Mrs. BOXER. Madam President, this sion to end. They don’t want our troops the use of non-VA facilities for the best is a very important week for this coun- in the middle of a civil war, getting TBI treatment available. The amend- try as we bring the issue of Iraq back killed and getting maimed, getting ment also requires much more research to the Senate floor and listen to the post-traumatic stress, getting brain in- and education for severe TBI. We have American people, who are very clear. juries that are the signature injury of even developed a pilot program for as- They want this war to end. They want this war. sisted living services for veterans with the troops to come home. They know We will be dealing with the problems TBI. our service men and women have given of this war for decades to come. Any- My amendment would also extend everything there is to give, and more. one who lived through Vietnam knows the period of automatic eligibility for They know the policies we have fol- that if you go on the streets today and VA health care from 2 to 5 years for lowed in Iraq since day one have back- look at who the homeless are, you servicemembers returning from com- fired. They are looking to us. know who they are. A third of them are bat. It would ensure access to care for If I might say where we are in this veterans, most of them from Vietnam conditions that may not be apparent debate in this Senate, in my opinion, is who never got over the experience. between talk and action. It is very easy when a servicemember first leaves ac- That is why Senator LIEBERMAN and I to talk and say: Oh, we need a change. tive duty and would contribute to a have worked together to try and get We must have a change. It is important seamless transition from military to the people who are coming back the that we have a change, and call press civilian life. In addition, this amend- mental health care they need. Senator conferences and say we need a change. ment requires a preliminary mental LIEBERMAN and I do not agree on this It is time for change. But let’s see how health evaluation be conducted within war. We are polar opposites on this people vote. Will they vote for a sense 30 days of a servicemember’s request. of the Senate that has absolutely no war. But let me tell my colleagues, we VA must be prodded to ensure timely force of law, which says it is the sense are working together to get these access to mental health care. I thank of the Senate we should change course, troops the mental health care they Senator OBAMA for working with me on or will they vote to start redeploying need. Their marriages are breaking up. this important provision. our troops out of the middle of a civil They can’t sleep at night. They are Finally, our ongoing global oper- war, out of chaos? having trouble with their employers. ations have utilized the reserve compo- My colleagues know I represent the We have so many problems, and the nents on an unprecedented scale. When largest State in the Union, and we are American people expect us to fix it. these citizen soldiers redeploy, it is es- taking a major hit. We have lost hun- I see my friend Senator BIDEN is on sential that VA include them in their dreds and hundreds of soldiers. We see the floor, and I will tell him I will outreach efforts. To recognize the im- thousands injured from our State. We speak for about another 10 minutes. portance of the National Guard and Re- see a National Guard that doesn’t have Now that my friend is on the floor, serve and to acknowledge their con- the equipment it has to have. Some re- Senator BIDEN is the Senator who has tributions to the Nation’s efforts, my ports are the equipment is down 50 per- looked ahead, who has said there is a amendment redefines the VA’s defini- cent. What does that mean? It means light at the end of the tunnel. He has tion by specifically including them in if, God forbid, there is an earthquake, a put forward a plan, and he put it for- the outreach program. fire, all the things we have to deal with ward a long time ago, for a diplomatic The Senate Armed Services Com- in my beautiful State, who is going to solution here, because there is no mili- mittee has taken bold and necessary protect the people? How much longer tary solution. How many more explo- steps in this legislation that will pro- can we afford the bloodshed? The dol- sive devices are going to blow up in the vide the necessary funds and manage- lars—we are now told $12 billion a faces of our troops before we start ment reforms required to support our month is being spent in Iraq and Af- bringing them home? How many more service men and women while allowing ghanistan. Iraqis are going to die—women, chil- the military to continue to meet our The Presiding Officer and I share a dren? How many more faces are we Nation’s future defense needs. lot of common interests. One of them going to look at on the front page be- Madam President, I yield the floor. is, for example, to make sure our kids fore we get the guts to do the right The PRESIDING OFFICER. The Sen- can go to afterschool care, because thing? ator from Michigan is recognized. that is the time they get in trouble. The President doesn’t listen. He Mr. LEVIN. Madam President, Sen- That is a high-risk time. Do my col- didn’t listen after the election. Oh, he ator BIDEN was to be recognized next. I leagues know what it would cost to said he did. He said he had a new strat- don’t see him on the floor at this mo- fund afterschool care to the level that egy. What was it? The surge. The surge ment, so I will note the absence of a it is supposed to be, according to No is not a new strategy. It is a military quorum for a few moments, and if he Child Left Behind? It would cost $3 bil- tactic, and it isn’t working. Here is does not arrive, then I will give my re- lion a year. We are funding it at $1 bil- what the President said after he sent in marks on the Webb amendment. lion. Millions of kids are on the street. more than 20,000 additional troops. He The PRESIDING OFFICER. The We spend $12 billion in Iraq and Af- said: clerk will call the roll. ghanistan in 1 month, but we cannot Over time, we can expect to see . . . fewer The legislative clerk proceeded to find a couple of billion in a year for our brazen acts of terror, and growing trust and call the roll. children. We can’t find the money to cooperation from Baghdad’s residents. When Mrs. BOXER. I ask unanimous con- insure our children, to protect their this happens, daily life will improve, Iraqis sent that the order for the quorum call health. Oh, no. We don’t have the will gain confidence in their leaders, and the be rescinded. money for that. The President is going Government will have the breathing space it The PRESIDING OFFICER. Without needs to make progress in other critical to veto this bill and veto that bill. He areas. objection, it is so ordered. can’t help the farmers. We can’t do Mrs. BOXER. Parliamentary inquiry: this, we can’t do that, but $12 billion in Wrong. The President was wrong I understand I am supposed to speak Iraq and Afghanistan—no problem. No again. The Washington Post reported after Senator BIDEN, but he told me be- problem to save his reputation, to save on Sunday: fore he left the floor that if he weren’t him from having to prove to the world The Iraqi government is unlikely to meet here, I could reverse the order. I won- he was wrong. Well, it is one thing to any of the political and security goals or time lines President bush set for it in Janu- der if Senator LEVIN would give me have an argument with someone and ary. . . . permission to do that. have pride and say: You know, I am not The PRESIDING OFFICER. Is there going to admit I made a mistake. It is And today the AP, Associated Press, objection? another thing when people are dying reports: Mr. LEVIN. Madam President, I because of your mistake—every day. Iraq fails to meet all reform goals. thank my good friend from California, Now, in November of 2006, the Amer- Not even one goal was met, and our and I have no objection at all. ican people voted against the Iraq war. people are dying. They cannot meet

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8904 CONGRESSIONAL RECORD — SENATE July 10, 2007 one goal. The violence continues aster, I say to the President? Who is didn’t stop anything. This is a recruit- unabated. going to be responsible? The same peo- ment tool for al-Qaida. Iraq is a re- Since the President made his speech ple who have brought us Iraq are going cruitment tool for al-Qaida. Peter on January 10, after the election, when to bring us a crisis in our States. We Bergman said that a long time ago he said there was going to be a new already saw what happened in Katrina when we went into Iraq. He is an expert strategy, 590 U.S. service men and from incompetence. Let’s match in- on the Middle East. I don’t want to re- women have been killed, 107 of whom competence and lack of equipment and cruit al-Qaida; I want to go after them. did not live to see their 21st birthday. see what happens then. I voted to go after them after 9/11. I What kind of change is that this Presi- What about Iraqi forces? On January didn’t vote to change course and go in dent brought? 11, Secretary Gates said: another direction for regime change The average number of daily attacks We are going to know pretty early on based on faulty information, faulty in- by insurgents and militias has not whether the Iraqis are meeting their mili- telligence. dropped below 150 per day. In Baghdad tary commitments. . . . This week and next week, we will alone, there has been an average of 50 He said we would know early on. The find out who talks in the Senate and insurgent attacks a day. Over the answer is they are not meeting their who is willing to take action in the weekend, more than 150 Iraqis were military commitments. After this Senate. I hope the American people killed in one single bombing. These weekend’s violence, senior Iraqi offi- will look at the amendments we are bombings are not isolated events. In cials called on Iraqi civilians to arm voting on and, at the bottom line, un- June alone, there were 39 bombings in themselves and fight insurgents. That derstand which ones are just talk and Iraq that resulted in multiple fatali- is from their Government. They are which ones will actually result in rede- ties. The number of suicide attacks not telling the people this Government ployment of the troops out of a civil more than doubled in Iraq since the will protect you; that the Americans war—who walks the walk versus who surge began—from 26 in January to 58 have trained 300,000 of us and we are talks the talk. Action means a dead- in April. What kind of new strategy is ready to protect you. No. The answer is line. Action means you change the mis- that? If that is a new strategy, it is to arm yourselves so that when insur- sion. Action means you start bringing worse than the other one. The average gents break down your door, you can the troops home. Action doesn’t mean number of Iraqi civilians killed has kill them before they kill you. What a a change in message, but a change of risen to more than 100 per day. situation. course. Reshuffling the chairs on the The administration is failing on the The Iraqi Vice President said: deck of the Titanic is not what we security front; they are failing on the The people have no choice but to take up should be doing. We need to change political front. They don’t listen to their own defense. course. Senator BIDEN, chairman of the For- We need to chart a new course on I have spoken with mothers and fathers who have lost sons and daugh- eign Relations Committee. They don’t Iraq today. As Senator LUGAR said: ters. They have begged me in the most listen to Senator LUGAR, the ranking Persisting indefinitely with the surge member. They are all saying you have strategy will delay policy adjustments that tearful way to spare other families to have a political solution. have a better chance of protecting our vital what they are going through. If this The administration is failing on the interests over the long term. war was working, that would be one reconstruction front. Iraqis living in But the administration doesn’t seem thing. But there is no military solution Baghdad still receive an average of 5.6 willing to chart a new course. As stat- here. We need to listen to what our hours of electricity a day. The Presi- ed on the front page of today’s Wash- chairman of the Foreign Relations dent can’t even keep the lights on, let ington Post, ‘‘GOP Dissent Spurs Committee is saying about a political alone succeed in this surge. Change in Message But Not Course.’’ solution, about separating the warring Yesterday, Tony Snow said: That is another way of, I think, con- parties, about bringing in the nations of the region, and doing it now—before The President wants to withdraw troops fusing the subject. Get up and give a based on the facts on the ground, not on the great speech and then you vote against another soldier is blown up or breaks matter of politics. anything that has any teeth in it. You up with his wife because of the stress, Well, I say to Tony Snow, elections vote for something that says it is the or before another child has no dad or have consequences, and you lost in sense of the Senate that things are not mom. The time is now. I am so glad we are going to be doing 2006. The issue was Iraq and the poli- going well, rather than it is time to the Defense authorization bill and have cies on the ground are not working; change this mission and get our troops our opportunity to actually put our they are failing. So whether you listen out of the middle of a civil war, and ideas into action. I will be supporting to politics or what is happening on the make sure what we are doing is train- every single amendment that will re- ground, the answer is the same. ing the Iraqi soldiers, and that is fine, sult in a change of course, account- On February 1, Tony Snow described and going after al-Qaida, which is fine, ability, starting to bring the troops the surge in this way: protecting our forces, and that is fine, home. We are talking about significant economic but get most of them out of there. I thank the Chair and I thank the development efforts; we’re talking about sig- A change in message will not prevent Senator from Delaware for allowing me nificant political reconciliation. These are the deaths of more Americans and will the kinds of things we expect to see. to go before he goes. not salvage the President’s failed pol- I yield the floor at this time. Well, they have not seen them. We icy. Over the next 2 weeks, we will [Applause in the Gallery.] know the President is going to address have the opportunity to debate several The PRESIDING OFFICER. The Ser- the American people. I say to the amendments that will mandate a geant-at-Arms will restore order in the President, tell the truth to the Amer- change of course on Iraq. I urge my col- gallery. The expression of approval or ican people. Lay out what you ex- leagues, as strongly as I can, as some- disapproval is not permitted. pected, and then lay out the reality, one who has stood up here time and The Senator from Arizona is recog- and start getting the troops home. We time again and said we are making nized. have not seen improvements. Now our mistakes, to finally admit it—but not Mr. MCCAIN. Madam President, I military is at the breaking point. Lis- just admit it, do something about it. certainly appreciate the passion of the ten to retired generals. They don’t That is what we have to do. We have to Senator from California and her con- have to toe the line. They tell the change the reality of what is hap- cern for the men and women serving in truth. Nearly 90 percent of Army Na- pening. the military and those who have sac- tional Guard units in the U.S. are rated As the experts have told us over and rificed a great deal already. The fact is, ‘‘not ready’’—largely as a result of over again, what are we doing here? We according to Lee Hamilton and Henry shortfalls in equipment that jeopardize are in the middle of a civil war; we are Kissinger, General Zinni, and according their capability to respond to crises at neglecting the war on terror. We say to literally almost every—not all—re- home and abroad. In my State, our we are fighting the terrorists there and spected national security expert in this equipment is down 50 percent. So who we will stop them from coming here. country, it is acknowledged that we will be responsible when we have a dis- That is what Tony Blair said, but it will have a lot more casualties.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8905 The Senator’s concern is emotional would have to escalate to the next higher of us are driven by principle, and a lot and well-founded and very moving. I step, and they will devise some way of get- of us do what we think is right no mat- am also moved by the fact that Henry ting American troops in there. Or they would ter what the polls say. Kissinger and Lee Hamilton say Con- go the mercenary route until they butcher So I appreciate the concern of the enough of those people. gress should drop fixed deadlines for Senator from California about whether the withdrawal of U.S. forces. As Com- Interesting. I read the polls. I appreciate that mander in Chief, the President needs This, to my mind, is wrong, and adds noth- greatly. But I do know also that when flexibility on troop withdrawals. He ing to our security. Supposing South Viet- you send a signal, and I appreciate the nam fell, and became totally Communist to- will accept no bill that has a timeline morrow, and then Cambodia fell and became Senator’s concern—I was talking about or a fixed date for withdrawal. Lee totally Communist; would that appreciably the liberal left addressing the war in Hamilton says: change the life of my colleague from Kansas? Cambodia, is what I was speaking of. The American people have the war in Iraq Would that change his life? The record is clear, and I will be glad figured out. They know American troops The debate goes on and on. It is very to provide other quotes of a similar na- cannot settle Iraq’s sectarian conflict, and worthwhile reviewing the debate that ture. But I do also know that those of they want to withdraw responsibly. They do went on about Cambodia and Vietnam, us who study history, those of us who not want a messy or sudden withdrawal to not to mention, as I mentioned earlier, spend time in Iraq, those of us who prompt wider sectarian strife and an esca- spend time with various leaders, such lating humanitarian disaster. the impact of losing a war on America, as General Zinni, such as General To some degree, I have seen this our military, and others. The Senator from California and I am Scowcroft, such as Secretary of State movie before. I remember when the de- sure the Senator from Delaware will Baker, such as many others, we all bate was going on on the floor of the speak very movingly about the strain know what the consequences of a date Senate on our withdrawal from Cam- on the families of the men and women for withdrawal will be. And it isn’t my bodia on December 15, 1970. Mr. Gravel, and the strain on our troops. opinion alone. It is shared by a broad now one of the candidates for President By the way, we do in this authoriza- variety of national security experts in of the United States, said: tion bill before us increase the size of this field. We come back to the argument of pro- the Marine Corps and the Army, and I also point out that it does have an tecting American forces. It is simple. Take we need to increase it even more be- effect on the troops in the field when the forces out and we do not have any prob- they see effort after effort after effort lem. It is simple. Do not get into Cambodia. cause of the challenges around the Do not get involved. Then we do not get into world—something that some of us have to withdraw, to force them to be with- anything. sought to achieve for a long period of drawn and, obviously, a failure of their Yes, there was an argument on the time. mission. I welcome this debate, as I said ear- floor of the Senate about withdrawal. But the fact is, when you lose a war, lier. I think it is important to inform There was an argument that prohibited the consequences of failure are far, far the American people. I think it is im- the United States from being involved more severe on the military than the portant to have a respectful exchange in Cambodia. Three million people strain that is put on the military when of views. And I will continue to respect were slaughtered—one of the great acts they are fighting. It is a fact. It is a the views of the Senator from Cali- of genocide in modern history. Yes, we fact of military history. It is a fact of fornia, but I will tell her that I have cared about American casualties after the war that we lost in Vietnam, which seen this movie before, and I have seen Vietnam and we withdrew. The North took us well over a decade to restore what happens when we have a defeated Vietnamese attacked and millions of any kind of efficiency in our military. military and we have people who as- people got on boats, thousands were I will be glad to yield to the Senator sure us that a withdrawal is without killed in reeducation camps, and thou- from California. consequences. sands were executed. I have seen this Mrs. BOXER. Madam President, I thank the Senator for yielding. The I believe, as Henry Kissinger as re- movie before. I have seen this movie cently as a few days ago said: before from the liberal left in America, Senator made the point that the liberal . . . precipitate withdrawal [from Iraq] who share no responsibility for what left wants us out of Iraq. I want to make sure the Senator is aware that would produce a disaster. It would not end happened in Cambodia when we said, the war but shift it to other areas, like Leb- no, as I quote Senator Gravel: the latest polls show 70 percent of the American people want us to have a anon or Jordan or Saudi Arabia. The war be- We come back to the argument of pro- tween the Iraqi functions would intensify. tecting American forces. It is simple. Take strategy to leave. And my question is, The demonstration of American impotence the forces out and we do not have any prob- A, is the Senator aware of that? And, would embolden radical Islamism and fur- lem. It is simple. Do not get into Cambodia. B, the followup to that question is, has ther radicalize its disciples from Indonesia Do not get involved. Then we do not get into the Senator read the various proposals, and India to the suburbs of European cap- anything. the Levin-Reed proposal, which I itals. Mrs. BOXER. Madam President, will strongly support? There is no precipi- Natan Sharansky says the same the Senator yield for a question? tous withdrawal. thing. A person who knows about op- Mr. MCCAIN. I would like to finish I think the Senator is setting up a pression, who knows about freedom, my comments, and then I will be glad straw man, if you will, here. The fact who served as a beacon to me and a to yield to the Senator from California. is, those of us who want to leave want hero in my entire life says: Continuing to quote Senator Gravel: to do it in the right way—— A precipitous withdrawal of U.S. forces What would happen if Cambodia fell to- Mr. MCCAIN. I ask for the regular could lead to a bloodbath that would make morrow? It may well fall. . . . Obviously, it order. the current carnage pale by comparison. would become communistic. We would have Mrs. BOXER. And we also change the All of these are statements by people some gnashing of teeth, but life would go on. mission to continue training the for whom I have the greatest respect. I We would have our traffic jams and every- troops, and so on. I want to make sure hope we will heed some of their admo- thing else. the Senator is aware of that point. nitions. There were no traffic jams in Phnom The PRESIDING OFFICER. The Sen- Madam President, I yield the floor. Penh, Madam President, not a one. In ator from Arizona. The PRESIDING OFFICER (Mrs. fact, all of the people were killed or Mr. MCCAIN. Madam President, I BOXER). The Senator from Delaware is told to walk out of the city. thank the Senator from California for recognized. Life would go on. Basically, that would in- that thoughtful question. The fact is, I Mr. BIDEN. Madam President, I was crease the casualties of Americans in South do read the polls, and if the Senator interested in the last exchange. Let me Vietnam. That would be the difference, ex- from California had paid attention to just say that one of my heroes is the cept the American people are going to get up my opening statement, she would have Senator from Arizona. I mean this sin- and say, ‘‘We do not want Americans getting killed at that rate.’’ known that I made it very clear that I cerely. We use the phrase around here . . . it means we are going to put more understand the frustration and sorrow ‘‘my friend.’’ I consider him my friend. money in, and if there is a danger that Cam- of the American people. I also know a I believe if neither he nor I were Sen- bodia will be overrun 6 months from now, we lot of us are not driven by polls. A lot ators and I picked up a phone and

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8906 CONGRESSIONAL RECORD — SENATE July 10, 2007 called him and said: I need you to show ommendation of the Senator from icy. Because if we do not change policy up at such-and-such a place, I can’t tell Delaware and then the Senator from in a radical way in this calendar year, you why, he would be there. I do not Arizona back before there was a civil I believe we will be left with one of two pretend to be his best friend in the war to put enough troops in to solidify alternatives. world, but I admire him. the situation on the ground, we might We have a chance now to change pol- But I think I should point out a cou- not be here. The rationale he offered icy and maybe salvage—maybe sal- ple of things. No. 1, the Senator from and I offered, if I am not mistaken, vage—a circumstance in Iraq, whereas California is not poll-driven. As I re- was: Mr. President, you don’t have a we gradually leave, and we will not member it, when the whole of the coun- strategy. Secretary of Defense, these have traded a dictator for chaos and try was clamoring to go to war, the are not a bunch of dead-enders, they the possibility of a regional war. That Senator from California stood up and are not a bunch of thugs. They are is alternative one. I think that alter- voted against going to war. If I am not thugs, but you have a big problem, Mr. native two is Saigon revisited. We will mistaken, it was viewed as political President. be lifting American personnel off the suicide at that time. I know the Sen- If I am not mistaken, I heard the roofs of buildings in the green zone if ator from California, and I know she Senator from Arizona make those we do not change policy and pretty needs no defense, but I know her. If I speeches 4 years ago. I heard him, drastically. know anybody who is not poll-driven, along with me, call for more troops There is not a single person in here it is the Senator from California, No. 1. back then in order to get out sooner. that knows anything about the mili- No. 2, Henry Kissinger, Lee Ham- We predicted there would be a civil war tary who can tell me they think there ilton, and Baker—all these people men- if we didn’t gain control. Surprise, sur- is any possibility of us sustaining tioned—they all say get out. None of prise, surprise. We have a civil war. 160,000 forces in Iraq this time next them think the policy of this President Look, I understand the political di- year. What my friend from Arizona did makes any sense. So let’s start off lemmas in which we find ourselves: We not say—and he knows a great deal where they are. Henry Kissinger has have a President of our own party we about this—is that leading generals in endorsed the Biden plan and the Boxer have a problem with. I have been there. the military say straightforward that plan and all the rest who have done it. It never kept me from speaking up. If we are breaking—let me emphasize They need a political solution. my colleagues recall, my friend from that—breaking the U.S. military— I remind everybody that the Baker- California, who is presiding, remem- breaking the U.S. military. Let me put Hamilton report set a date of March bers, to use the trite expression, I beat it another way. We have more profes- 2008 as a goal to get the majority of our President Clinton up and about the sionally trained academy graduates, troops out, if not all of them out. They head, as they say in the neighborhood such as my friend from Arizona, leav- talked about drawing down our troops. where I come from, to use force in Bos- ing the military after 5 years than we The President rejected that policy. nia, to end a genocide. The President have had any time in the last 30-plus I don’t know a serious person—there didn’t agree with me. I was told: Calm years. The cream of the crop are being probably are—I don’t know of any in down, don’t put him in that spot. I am broken by this failed—this failed policy the international community, I don’t accustomed to taking on Presidents in in Iraq. What is worse is not that it is a know of anybody in the foreign policy my own party, and I know it is hard. It failed policy, but it is impervious to establishment in the United States of is hard. But I tell you what, name me recommendations made by the most in- America, from Colin Powell, a former any one of the people who were quoted formed people in both political parties Secretary of State, to former Secre- here who thinks the policy we are pur- inside and outside Government. What taries of State and Secretaries of De- suing now makes any sense. did the President do with the Baker- fense in Republican administrations, Ever since the Democrats took con- Hamilton Commission? Picked it up, trol of the Congress back in January, who thinks this policy makes any gave it real lip service, and flipped it we have been working to build pressure sense. on the shelf. Who was on that commis- Madam President, I say to my col- on the administration and, quite blunt- sion? Two former Secretaries of State, leagues, to quote Gravel—I was here in ly, on our Republican colleagues to who were Republicans; the present Sec- 1972 while my friend JOHN MCCAIN, God change course in Iraq because I have retary of Defense; some of the leading love him, was in a prisoner-of-war reached a point where I think the conservative voices in America on President is impervious to information. camp. I was a 29-year-old Senator. No- military matters; along with main- There is a great expression, I believe it body agreed with Gravel. Give me a stream Democratic leaders. What did break. Quoting Gravel as the voice of was Oliver Wendell Holmes referring to they do? What did they do? They blew the left—he was the voice of his voice. prejudice—and the President is not it off. Now they are revisiting it. Now God love him, as my mother would say, prejudiced, but I make the point. He press reports are that maybe we have and he still is the voice of his voice. said prejudice is like the pupil of the to have a plan B. Who agrees with Gravel? Maybe some- eye: the more light you shine upon it, Look, it matters profoundly how we body does. But to quote him as if it was the more tightly it closes. This admin- end this war. It matters to our soldiers, the Democratic position on Cambodia— istration is like the pupil of the eye: it matters to the Iraqis, and it matters go count the votes, how many votes the more hard facts you give them to to America’s future security. As I said Gravel got. That is not representative prove their policy is a failure, the before, I don’t want my son, a captain of even the left. This is a man who, God tighter it closes and the less inclined in the Army, going to Iraq, but he will love him, nominated himself for Vice to change they are. More and more Re- go, if called. But I also don’t want my President. Come on. Come on. publicans—more and more Repub- grandson going. How we leave will de- And who is calling for a precipitous licans—have stopped backing the termine whether my grandson goes. So withdrawal? If I am not mistaken, the President and started looking for ways far this President has offered abso- distinguished chairman of the Armed to work with us to bring our soldiers lutely no political solution to Iraq. Services Committee is not voting for a home in a responsible way so we don’t None. precipitous withdrawal. This is what merely trade a dictator for chaos. What does he say? He says surge we call, in the law business, which I Let me say something I am going to troops. Why? To give the Iraqis breath- have been practicing 34 years, a red be reminded of, I am sure, again and ing room. Why? So the Iraqis will get herring. again and again. Having been here for together and form a unity government The question is, Do we continue to 34 years, I know you should not make that can be trusted by all the Iraqi peo- send our kids into the middle of a meat statements I am about to make lightly, ple to govern the nation, allowing us to grinder based on a policy that is fun- but I am reminded of it by the com- leave. damentally flawed? I don’t think there ments made about Cambodia. On this, Not in the lifetime of anyone on this are a dozen Republicans on that side of we have a sell-by date. You know when floor, including these talented young the aisle who agree with the Presi- you buy milk, it says sell by a certain pages, will there be a unity govern- dent’s strategy, nor do I believe, if the date or it turns sour? There is a sell-by ment in Baghdad that has the con- President had followed the rec- date here, folks, for us to change pol- fidence of all the Iraqi people, able to

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8907 maintain security, provide oppor- ment the Constitution? No, no, too more limited mission so we can start tunity, and have a stable unity govern- tough now—too tough. to bring them home and set the ment. It will not happen. This administration has not made, groundwork for being able to leave be- I had a proposal over a year ago—and when given a choice, a single correct hind a political solution. I have been roundly criticized for it, decision on Iraq. Hear me. That is a That is exactly what Senator LEVIN except for the Presiding Officer and a bold statement. I cannot think of a sin- is doing today. He is taking the Biden- few others—wherein I laid out—and not gle decision when they have been faced Levin amendment, now called the because I am so smart; I happen to be with a choice that they have made the Levin-Reed amendment, and he is chairman of the Foreign Relations right choice. I cannot think of one. going back at it. I compliment him for Committee because I have lasted Way back, when the President asked it because we have to keep pushing in longer than others—but I laid out a me why I was calling for Rumsfeld’s order to change the minds of our Re- comprehensive proposal. What does ev- resignation, and the Vice President publican friends by keeping pressure on erybody say in this body? Everybody was in the room, in the Oval Office, I them to start to vote for the troops and says, in and out of Government, that said: With all due respect, Mr. Presi- not the President. there is no military solution to Iraq, dent, Mr. Vice President, if, Mr. Vice The second thing is getting our only a political solution. Name me a President, you were not a constitu- troops out of Iraq is necessary, but it is single person who has offered a polit- tional officer, I would call for your res- not sufficient. We also need a plan for ical solution, except the Senator from ignation too. He looked at me and said: what we are going to leave behind so California, myself, and the Senator Why? I said: Because, Mr. President, we don’t trade a dictator for chaos. from Kansas, Mr. BROWNBACK. Name name me one piece of advice either What happens matters and how it hap- me anyone. What is the political solu- Rumsfeld or CHENEY have given you in pens. About everyone agrees there is no tion? What is the political solution my Iraq that has turned out to be right. purely military solution. A political friend is offering? What is it? Name me one. One. One. It is not about solution. Our plan is getting more bi- The political solution is that some- retribution, Mr. President, it is about partisan support—the so-called Biden- how the Iraqis will have an epiphany— competence. If all the advice you have Brownback-Boxer-Hutchison-Nelson- and I know Muslims don’t have epiph- been given is bad, don’t you think it is Smith amendment—and that is we rec- anies; that is a Christian thing—they a good idea to look for new advice— ognize the fundamental problem in Iraq will have an epiphany and all of a sud- new advisers? is the self-sustaining cycle of sectarian den they are going to get together, re- Look, I believe there is a comprehen- violence. alizing what is at stake, and form this sive strategy to end this war respon- I would respectfully suggest that his- unity government that can deliver. sibly and it has three parts. First, is a tory shows these cycles of sectarian vi- I met with al-Maliki last year. I have roadmap to bring most of our troops olence end in only one of four ways. been to Iraq and Afghanistan eight out and home by early next year. Two, One, a bloodletting that leaves one side times. I am heading over there again is a detailed plan for what we leave be- victorious and both sides exhausted. In shortly. I sat with al-Maliki, and when hind, a political solution. Three, is the the case of Iraq, that would take years, I came back, the President asked my commitment that so long as there is a and I believe it would generate a views. He was kind enough to ask what single American—a single American Sunni-Shia revival of hatred from the I thought. I said, I don’t think al- soldier—in Iraq, we should do every- Mediterranean to the Himalayas. Maliki has it in his bone marrow, in his thing in our power to protect them. Second, is an open-ended foreign oc- heart or his brain to desire to reconcile Let me go through this very briefly. cupation for a generation or more. with the Sunnis. Even if he did, he First, bringing our troops home. In- That is not in America’s DNA. It is not doesn’t have the capacity. stead of escalating the war with no end what we do. We are not the Ottoman What have we rested everything on in sight, we have to start to bring our Empire. here? We are about to have a report troops home now and withdraw most Third, a return to a strong man, one that was going to be filed this June 15, by next year. This was the Baker-Ham- who is not on the horizon. Even if there pointing out the Iraqis haven’t met a ilton recommendation. were, wouldn’t it be the ultimate trag- single benchmark. Isn’t that strange? The PRESIDING OFFICER. I wish to ic irony that the United States re- What did we do? Every opportunity we remind the Senator that we had an placed Saddam Hussein with another had to help them along, we walked order to recess after him speaking for dictator? away from. I remember after they 10 minutes. What is the pleasure of the The fourth way they have ended is a voted on their Constitution. I was Senator? political agreement to form a decen- there for the official vote, I stuck my Mr. BIDEN. Madam President, I ask tralized federal government that sepa- finger in the ink that does not come off unanimous consent to proceed for 10 rates the warring factions, gives them your finger. I went to the polling more minutes. breathing room in their own regions. places. The Iraqis voted overwhelm- The PRESIDING OFFICER. Without That is what we did a decade ago in ingly for a constitution. Know what it objection, it is so ordered, and then we Bosnia. We have had over 24,000 NATO says? I wish somebody would read it will recess for the lunch hour. troops there for 10 years and not one once in a while. It says, I believe it is Mr. BIDEN. If we don’t start bringing has been killed. The sectarian violence article 1, we are a decentralized federal home combat forces within the next has stopped, the genocide is over, and system. Then in articles 15, 16, 17, and few months, get them out of the midst they are trying to become part of Eu- 18, if I am not mistaken—this is from of a civil war, we will have so soured rope. The plan we put forward has five memory—it lays out how any 1 of the the American people on the ability to pieces. I will not take the time to go 18 governates, political subdivisions, do even the things that need be done into it now, but one is in order to basically, in Iraq can become a region, that this President and the next Presi- maintain a unified Iraq we have to de- vote for their own constitution, and dent will be left with absolutely no op- centralize it, with a limited central have their own local security. It also tion—absolutely no option—but to government that has common concerns implies there will be an allocation of withdraw totally from that area and of guarding the border and distributing the oil resources through a constitu- let the chips fall where they may. oil revenues. tional amendment. You know, that is exactly what we Second, we have to secure support I remember immediately after that started to propose, the Senator from from the Sunnis by giving them a guar- vote, coming back from my third or California and others, Senator LEVIN, anteed piece of the oil revenues be- fourth trip, then meeting with the ad- in the Biden-Hagel-Snowe-Levin reso- cause they have nothing in that tri- ministration and saying: What are you lution opposing the surge back in Jan- angle. going to do? And being told: Oh, it is uary and of the Biden-Levin provision Third, we have to increase, not di- too premature to push any of that. I in the Iraqi supplemental bill, the very minish, aid to rebuild that country, said: Whoa, let me get this straight. thing the President vetoed. The com- and we should look to the gulf states How are you going to bring these folks mon denominator in all these efforts who have an overwhelming interest together unless you help them imple- has been to transition our troops to a and overflow of dollars to do that.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8908 CONGRESSIONAL RECORD — SENATE July 10, 2007 Fourth, since we have lost all credi- when we were supposed to, there would bled when called to order by the Pre- bility in the region, this has to be a be, I think, 731 fewer deaths. siding Officer (Mr. CARPER). consequence, this idea—it has to have These are our sons, our daughters, f an international imprimatur on it. It not somebody else’s—all of ours. These NATIONAL DEFENSE AUTHORIZA- must come out of the Security Council. are the people. These are the kite TION ACT FOR FISCAL YEAR They must call an international con- strings upon which our whole national 2008—Continued ference. It must involve the stamp of ambition is lifted aloft. What are we the United Nations and a regional con- doing? What are we doing? We are The PRESIDING OFFICER. The Sen- ference, where the international com- spending $10 billion a month in Iraq, ator from Vermont. munity pursues this—and they are and I get push-back for wanting to Mr. LEAHY. Mr. President, I ask ready to do it. I will not take the time spend $20 billion to build these vehi- unanimous consent the pending amend- to go into why. cles? I find it obscene. ment be laid aside so that an amend- Last, we have to begin to draw down. I fought to front load money in the ment by Senator SPECTER and myself We have to have military plans to draw emergency spending bill for these vehi- be in order for discussion, with the un- down our combat forces by 2008, leav- cles. As a result we will get 2,500 more derstanding that then that amendment ing behind a small force to take on ter- of these vehicles to Iraq by the end of will eventually be set aside so we can rorists and train Iraqis, assuming there the year than we otherwise would have. go back to the prior amendment. Mr. BROWNBACK. I object on behalf is a political settlement. If there is no That is why I voted for the bill. of another Senator. political settlement, mark my words, But I also insisted that the adminis- The PRESIDING OFFICER. Objec- the public will insist they all come tration tell us by June 15 whether it home. If they come home it means ev- tion is heard. would need even more of these vehicles Mr. LEAHY. I withdraw my request, erything comes home. The idea that we so that we make sure the money is but I would note that the Senate this are going to be able to leave an em- there to get them built. week is considering the National De- bassy there with thousands of people Last week the Army concluded that fense Authorization Act. Senator SPEC- without 10,000 or more American sol- it would need seven times the number TER and I will introduce an amendment diers to guard it is a joke. If we fail to of mine-resistant vehicles it had origi- at such a point as we do not receive ob- make federalism work, if there is no nally requested—some 17,700, up from jection from the Republican side. What political accommodation at the center, 2,500. When you factor in all the service we will introduce will be the Habeas violent resistance will increase, the requests, the total need for mine-re- Corpus Restoration Act of 2007. sectarian cycle of revenge will con- sistant vehicles jumps from the 7,774 I want to, first and foremost, thank tinue to spiral out of control, and we vehicles now planned to nearly 23,000 and actually praise Senator SPECTER will not have this country break into vehicles. for his strong and consistent leadership three neat pieces. You will watch it But the Joint Chiefs have not yet on this issue. It is not just leadership fragment into multiple pieces, creating made the Army request a ‘‘clear and this year, it has been leadership in past incredible difficulties for the entire re- urgent’’ requirement. years. I hope all Senators, both Repub- gion. And there is no plan to budget for licans and Democrats, join us in restor- The Bush administration, though, and build these vehicles over the next 6 ing basic American values and the rule has another vision. Their vision for months, as well as proven technology of law while making our Nation strong- Iraq, their entire premise, as I said, is that protects against so-called explo- er. based on a fundamentally flawed sively formed projectiles—EFP—that Last year, Congress committed a his- premise that they can build a com- strike from the side. toric mistake by suspending the great petent, popular, supported government We need a commitment from the ad- writ of habeas corpus. They did this based upon a consensus among the ministration—now—to build every last not only for those confined at Guanta- three parties, and it reside in Baghdad. one of these vehicles as soon as pos- namo Bay but for millions of people That is the central flaw in their strat- sible. who are legally residents in the United egy. It cannot be sustained. The hard We can’t wait till next year or the States. truth is that absent a foreign occupa- year after. Our men and women on the We held a hearing on this, the Senate tion or a dictator, Iraq cannot be run front lines need them now. Judiciary Committee did, in May. That from the center. The sooner we under- I will offer an amendment to the De- hearing illustrated broad agreement stand that, as Secretary Kissinger does fense bill to make it clear—with abso- among people of very diverse political and all the people quoted today—the lutely no ambiguity—that Congress views and backgrounds, that the mis- sooner we understand that, the faster will provide every dollar needed and take committed in the Military Com- we will get this thing resolved and the every authority necessary to build missions Act of 2006 has to be cor- fewer American casualties there will these vehicles as quickly as possible. rected. The Habeas Corpus Restoration be. Every day we delay is another life Act of 2007 has 25 cosponsors, and the The last part of this strategy is, so lost. Senate Judiciary Committee passed it long as we have a single soldier in Iraq, The war in Iraq must end. That is last month with a bipartisan vote. it is our most sacred responsibility to what the American people want. And Habeas corpus was recklessly under- give him or her the best protection this that is where America’s interests lie. mined in last year’s Military Commis- country can provide. Two months ago I I conclude by saying that in Congress sions Act. Like the internment of Jap- called upon the President and Sec- we have a tremendous responsibility to anese Americans during World War II, retary Gates to make building of Mine turn the will of the American people the elimination of habeas rights was an Resistant Ambush Protected vehicles, into a practical reality. It is long past action driven by fear, and it has been a so-called MRAPs, the Nation’s top pri- time we meet this responsibility head stain on America’s reputation in the ority. Roadside bombs are responsible on, and it is long past time our Repub- world. In many places around the world for 70 percent of the 25,000-plus injuries lican colleagues join us in what I be- where we had been so admired in the and 70 percent of the roughly 3,600 lieve they know to be right—forcing past, they have asked why would deaths. It is hard to keep count, unfor- this President to radically change America turn its back on one of its tunately; 70 percent. Yet if we transi- course in Iraq. most basic rights. tion our troops from those flat-bot- I yield the floor. We are at a time of testing. Future tomed, up-armored HMMWVs to these f generations will look back to examine V-shaped-bottom MRAPs, the facts the choices we made during a time show that somewhere between 66 per- RECESS when security was too often invoked as cent and 80 percent of the casualties The PRESIDING OFFICER. Under a watchword to convince us to slacken will be avoided. the previous order, the Senate stands our defense of liberty and the rule of An article on the front page of USA in recess until 2:15 this afternoon. law. Today last Friday pointed out a mili- Thereupon, the Senate, at 1:06 p.m., The great writ of habeas corpus is tary person saying if we built these recessed until 2:15 p.m. and reassem- the legal process that guarantees an

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He saw his colleagues killed by core of liberty secured by our Anglo- hold them indefinitely, and that person the plane that crashed into the Pen- Saxon system of separation of powers.’’ had no recourse in court. tagon. I believe his credibility is unim- The Military Commissions Act rolled Rightly so, Republican and Demo- peachable when he says that denying back these protections by eliminating cratic Presidents condemned those habeas rights to detainees endangers that right permanently for any non- countries for doing that. Now we have our troops and undermines our mili- citizen labeled an enemy combatant. In given ourselves the same power. The tary efforts. In testimony to the com- fact, a detainee does not have to be Washington Post wrote that the brief mittee, Admiral Guter wrote: found to be an enemy combatant; it is ‘‘raises the possibility that any of the As we limit the rights of human beings, enough for the Government to pick up millions of immigrants living in the even those of the enemy, we become more someone, hold that person with no United States could be subject to in- like the enemy. That makes us weaker and charges, and say: They are awaiting de- definite detention if they are accused imperils our valiant troops, serving not just of ties to terrorist groups.’’ I might in Iraq and Afghanistan, but around the termination. When we make up our globe. mind this year, or next year, or 10 add, this accusation can be totally er- The admiral was right. Whether you years from now, then we may label roneous. are an individual soldier or a great and them an enemy combatant. In the This is wrong; it is unconstitutional. good nation, it is difficult to defend the meantime, they do not even have the But more than that, it is truly un- higher ground by taking the lower power to say to a court: They picked American. It is designed to ensure that the Bush-Cheney administration will road. The world knows what our en- up the wrong guy. They don’t even emies stand for. The world also knows have my name right. They picked me never again be embarrassed by court decisions that review their unlawful what this country has tried to stand up by mistake. You can’t even do that. for and live up to in the best of times Is this America? Is this America? abuses of power. but especially in the worst of times. The sweep of this habeas provision The conservative Supreme Court, Now as we work to reauthorize the goes far beyond the few hundred de- with seven of its nine members appointed by Republican Presidents, has many programs that comprise our val- tainees currently held at Guantanamo iant Armed Forces, it is the right time Bay, and it includes an estimated 12 been the only check in this administration’s lawlessness. The Supreme Court to heed the advice of Admiral Guter million lawful permanent residents in and other conservative Federal courts, and so many of our top military law- the United States today. Under this and recently even military judges, have yers who tell us that eliminating basic law, the people who can be picked up repeatedly overturned the lawless sys- legal rights undermines our fighting are people who work and pay taxes, tems set up by this administration gov- men and women, it does not make who abide by our laws, and should be erning detainees. Many have hoped the them stronger. Elimination of basic entitled to fair treatment. courts will come to the rescue again on legal rights undermines, not strength- Under this law, any of these people the issue of habeas corpus. With the ens, our ability to achieve justice. can be detained forever without any continued drift of the Supreme Court It is from strength that America ability to challenge their detention in toward endorsing greater executive should defend our values and our way court. Stanford Professor Mariano- power, we cannot count on the inter- of life. It is from the strength of our Florentino Cuellar called this an issue vention of this conservative, activist freedoms and our Constitution and the about which the Latino community, court. Besides, are we going to pass the rule of law that we shall prevail. I hope which encompasses so many of the Na- buck? Congress cannot and must not all in the Senate, Republican and Dem- tion’s legal permanent residents, must outsource its moral responsibility. ocrat alike, will join us in standing up be concerned. We all want to make America safe for a stronger America, for the Amer- Giving the Government such raw, un- from terrorism. We come to work ica we believe in, and support the Ha- fettered power should concern every proudly every day, in a building that beas Corpus Restoration Act of 2007. American. Since last fall, I have been was targeted by those criminals who That is why I am proud to be here describing a nightmare scenario about hijacked planes on 9/11. We do not hesi- with the distinguished senior Senator a hard-working, legal permanent resi- tate to come to work here. We do it from Pennsylvania. We have worked dent who makes an innocent donation proudly. I implore those who support together. You know, every one of us to, among other charities, a Muslim this change to think about whether serves here only for a certain time. charity, that the Government secretly eliminating habeas corpus truly makes When we leave, we have to ask our- suspects of ties to terrorism. I sug- America safe from the world. Does it selves: If we had the privilege of being gested that on the basis of this dona- make us any safer in this building? only 1 of 100 people to get to represent tion, and perhaps a report of suspicious Does it comport with the values and 300 million in America in this great behavior of an overzealous neighbor or liberties and legal traditions we hold body, what do we do to make America a cursory review of library records, most dear? better? If we leave this blight—if we this permanent resident can be brought Top conservative thinkers such as leave this blight—on our laws, we have in for questioning, can be denied a law- Professor Richard Epstein and David not made it better, we have made it yer, and confined indefinitely. Such a Keene, head of the American Conserv- weaker. person would have no recourse in the ative Union, agree this change betrays Mr. President, I yield the floor. courts for years, or for decades, or for- centuries of legal tradition and prac- The PRESIDING OFFICER. The Sen- ever. tice. Professor David Gushee, head of ator from Pennsylvania. When I said this, some people Evangelicals for Human Rights, sub- Mr. SPECTER. Mr. President, I thought this nightmare scenario was mitted a declaration calling the elimi- thank my distinguished colleague from fanciful. I wish it were, but it was not. nation of habeas rights and related Vermont, the chairman of the Judici- In November that scenario was con- changes ‘‘deeply lamentable’’ and ary Committee, for his generous re- firmed by our Department of Justice in ‘‘fraught with danger to basic human marks. I compliment him on his lead- a legal brief submitted in a Federal rights.’’ ership on the committee and for his court in Virginia. They asserted that GEN Colin Powell recently advocated work generally, but especially on our the Military Commissions Act allows habeas corpus rights for detainees, ask- efforts to restore habeas corpus. the Government to detain any non-cit- ing: The Great Writ has been the law izen designated an enemy combatant Isn’t that what our system’s all about? since 1215 for Great Britain, and it has without giving that person any ability General Powell has it right. been the law of the United States of to challenge his detention in court. But probably the most powerful for America since the founding of the Con- This is true, the Justice Department me was the testimony of RADM Donald stitution. That writ allows someone in

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Well, I think it is about last September, which was defeated case saying that the act of Congress to be corrected. narrowly 48 to 51, and then on Decem- was effective in eliminating habeas There has been a curious history on ber 5, 2006. Again on January 4 of this corpus, but in so doing, the Court of the petition for a writ of certiorari to year, with the new Congress, I reintro- Appeals for the District of Columbia review the decision by the Court of Ap- duced legislation to bring back the really ignored the decision of the Su- peals for the District of Columbia. writ of habeas corpus. preme Court of the United States in There were only three votes for the We have on the detainees in Guanta- Rasul v. Bush. original petition for a writ of certio- namo a procedure on what is called the To read the opinion of the Court of rari, which surprised people because Combat Status Review Board. The pro- Appeals, for a student of the law, is not Justice Stevens did not vote for certio- cedures there are fundamentally unfair hard to understand; it is impossible to rari. But, instead, he joined with Jus- in not establishing any colorable rea- understand. I think a fair reading of tice Kennedy in an opinion saying they son for detention. That has been dem- the circuit opinion, simply stated, is would await another appeal from the onstrated in a variety of contexts. that they flagrantly disregarded the Combat Status Review Board. The One which I would quote at the out- holding of the Supreme Court of the speculation by the analysts was that set is an opinion which appears in 355 United States, which under our system Justice Stevens was reluctant to see F. Supp. 443, in a case captioned ‘‘In re of laws they are obligated to uphold. certiorari granted because Rasul might Guantanamo Detainee Cases,’’ where They analyzed Rasul and said Rasul be overruled. the court comments about the proce- was based on the statute providing for But then after the declaration of LTC dures in the case captioned habeas corpus and not on the constitu- Stephen Abraham appeared in the pub- ‘‘Boumediene v. Bush.’’ This involves tional mandate that habeas corpus is a lic press, there was a petition for rean individual, a detainee, who was part of the Constitution of the United consideration of the writ of certiorari. charged with associating with al-Qaida. States. On this occasion, it was granted in a This is what the transcript says. There can be no doubt that habeas very unusual procedure. It made the Detainee: Give me his name. corpus is a constitutional mandate be- front pages. I have studied the Con- Tribunal President: I do not know. cause the Constitution explicitly states stitution for a long time, and I did not Detainee: How can I respond to this? that habeas corpus may be suspended know that a petition for reconsider- Then the detainee goes on to com- only in time of invasion or rebellion, ation on a writ of certiorari takes five ment about his inability to respond to and no one contends that we have ei- votes. Perhaps my distinguished col- the charges that he associated with ther invasion or rebellion. The opinion league from Vermont knew that. I someone from al-Qaida because he does of Rasul is explicit. asked that question of quite a few law- not have any way to identify the indi- Mr. President, I ask unanimous con- yers. I have not found one yet, and vidual with whom he was supposed to sent that relevant portions of the some very learned in constitutional have associated. Nobody could even Rasul opinion be printed in the RECORD law who knew if you petition for recon- give him his name. following my statement— sideration on a writ of certiorari, it At one point the detainee comments The PRESIDING OFFICER. Without takes five votes. about his difficulty in responding to a objection, it is so ordered. Mr. LEAHY. Mr. President, if the charge when there is no charge, and as (See exhibit 2.) Senator will yield on that point, when the opinion says, everyone in the tri- Mr. SPECTER. Without taking the I saw that in the press I went and bunal laughs. The court notes the time to read them into the RECORD now looked it up too. It was a surprise to laughter reflected in the transcript is because they are apparent on their face me. It will be interesting to see what understandable. This exchange might that the opinion by Justice Stevens might come out of it, but I think it have been truly humorous had the con- goes through the chronology of the goes back, though, to what the Senator sequences of the detainee’s enemy com- writ, starting with King John at Run- and I have talked about. We should not batant status not been so terribly seri- nymede in 1215 and running through have to be bucking this to the Supreme ous and had the detainee’s criticism of the adoption of the constitutional pro- Court for them to decide. We should this process not been so piercingly ac- vision in the U.S. Constitution. correct the error here. curate. Now, it is true there is also a statute I will be leaving the floor at this mo- But here is a case reported where the which provides for a writ of habeas cor- ment, Mr. President, but I want to as- Combat Status Review Board upheld pus. The Court of Appeals said the por- sure the Senator from Pennsylvania, detention when they could not even tion of Justice Stevens’ opinion as to when they do allow our amendment to tell the detainee the identity of the the constitutional basis for habeas cor- come up, I will be here with him proud- person who was supposedly an al-Qaida pus was dictum and that the holding ly side by side on this issue. We can person with whom he was supposed to involved the statute. The Court of Ap- correct what otherwise would become a have been associated. peals says since the holding involved historic mistake. With his help, his There has been considerable com- the statute, the statute could be leadership, we will do that. ment about the fundamentally unfair changed. It is true the statute was Mr. SPECTER. Mr. President, I tactics in the Combat Status Review changed by the Congress of the United thank my colleague from Vermont for Board, but none came into sharper States, but the Congress of the United those comments. I do not think there focus than the declaration of LTC Ste- States, by statute, cannot change the is a more important issue to come be- phen Abraham, who worked on the constitutional mandate of habeas cor- fore this body. What happens in Iraq, Combat Status Review Board, and who pus. obviously, is of enormous importance. found, with some substantial detail, For the Court of Appeals for the Dis- But if we lose the basic fundamental the process was fundamentally flawed. trict of Columbia to say the constitu- rights to require evidence before some- Results were influenced by pressure tional basis for habeas corpus in Rasul body is held in detention, if we lose the from superiors rather than based on was not the holding but only the stat- right of habeas corpus, it is a very sad concrete evidence. ute was the holding is, simply stated, day in America. I ask unanimous consent, Mr. Presi- ridiculous. It is insulting to the Su- But, in any event, now the Supreme dent, that the text of the declaration of preme Court of the United States for Court of the United States has granted LTC Stephen Abraham be printed in what the Court of Appeals for the Dis- certiorari in the Boumediene case. The the RECORD at the end of my remarks trict of Columbia did. Pretty harsh speculation is that Justice Kennedy to permit me to abbreviate the length words, but accurate words, and I say was the fifth vote, along with Justice of this floor statement. them with respect for every court. But Stevens. They do not tell you who the

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More specifically, I was asked to and Justice Kennedy writing a separate of my assignment. confirm and represent in a statement to be opinion, and the other four Justices 4. While assigned to OARDEC, in addition relied upon by the CSRT board members that voting to deny certiorari. to other duties, I worked as an agency liai- the organizations did not possess ‘‘excul- So I think this case is headed to the son, responsible for coordinating with gov- patory information’’ relating to the subject Supreme Court of the United States for ernment agencies, including certain Depart- of the CSRT. reversal by the opinion by the Court of ment of Defense (‘‘DoD’’) and non-DoD orga- 11. During my trips to the participating or- nizations, to gather or validate information ganizations, I was allowed only limited ac- Appeals for the District of Columbia. relating to detainees for use in CSRTs. I also cess to information, typically prescreened But I believe the Congress should act served as a member of a CSRT, and had the and filtered. I was not permitted to see any in the interim. That is why Senator opportunity to observe and participate in the information other than that specifically pre- LEAHY and I are pressing this issue on operation of the CSRT process. pared in advance of my visit. I was not per- the Department of Defense authoriza- 5. As stated in the McGarrah Dec., the in- mitted to request that further searches be tion bill. I hope it will not be cited as formation comprising the Government Infor- performed. I was given no assurances that grounds for veto if we are successful in mation and the Government Evidence was the information provided for my examina- not compiled personally by the CSRT Re- putting this amendment through. We tion represented a complete compilation of corder, but by other individuals in OARDEC. information or that any summary of infor- cannot offer it yet because there is an The vast majority of the personnel assigned mation constituted an accurate distillation amendment pending, and the request to to OARDEC were reserve officers from the of the body of available information relating set the amendment aside, which re- different branches of service (Army, Navy, to the subject. quires unanimous consent, was ob- Air Force, Marines) of varying grades and 12. I was specifically told on a number of jected to. But this is a very important levels of general military experience. Few occasions that the information provided to amendment. The procedures in Guanta- had any experience or training in the legal me was all that I would be shown, but I was namo under the Combat Status Review or intelligence fields. never told that the information that was 6. The Recorders of the tribunals were provided constituted all available informa- Board are woefully inadequate, do not typically relatively junior officers with little tion. On those occasions when I asked that a satisfy the requirements of the Su- training or experience in matters relating to representative of the organization provide a preme Court of the United States in the collection, processing, analyzing, and/or written statement that there was no excul- having a collateral proceeding which is dissemination of intelligence material. In no patory evidence, the requests were sum- adequate to protect the rights of some- instances known to me did any of the Re- marily denied. one who is in detention. So when we corders have any significant personal experi- 13. At one point, following a review of in- are permitted to offer the amendment, ence in the field of military intelligence. formation, I asked the Office of General Similarly, I was unaware of any Recorder Counsel of the intelligence organization that we will do so. But I ask my colleagues having any significant or relevant experi- I was visiting for a statement that no excul- to consider the background as to what ence dealing with the agencies providing in- patory information had been withheld. I ex- has happened here, the importance of it formation to be used as a part of the CSRT plained that I was tasked to review all avail- and its abrogation, what is happening process. able materials and to reach a conclusion re- with Guantanamo, the disrepute there, 7. The Recorders exercised little control garding the non-existence of exculpatory in- and what is happening with the Com- over the process of accumulating informa- formation, and that I could not do so with- bat Status Review Board so that the tion to be presented to the CSRT board out knowing that I had seen all information. members. Rather, the information was typi- Congress can correct what I consider to 14. The request was denied, coupled with a cally aggregated by individuals identified as refusal even to acknowledge whether there be an error made last year and stand case writers who, in most instances, had the existed additional information that I was not up and not await a decision by the Su- same limited degree of knowledge and expe- permitted to review. In short, based upon the preme Court of the United States. rience relating to the intelligence commu- selective review that I was permitted, I was I thank the Chair, and I yield the nity and intelligence products. The case left to ‘‘infer’’ from the absence of excul- floor. writers, and not the Recorders, were pri- patory information in the materials I was al- marily responsible for accumulating docu- EXHIBIT 1 lowed to review that no such information ex- ments, including assembling documents to isted in materials I was not allowed to re- DECLARATION OF STEPHEN ABRAHAM, LIEU- be used in the drafting of an unclassified view. TENANT COLONEL, UNITED STATES ARMY RE- summary of the factual basis for the detain- 15. Following that exchange, I commu- SERVE, JUNE 15, 2007 ee’s designation as an enemy combatant. nicated to Rear Admiral McGarrah and the I, Stephen Abraham, hereby declare as fol- 8. The information used to prepare the files OARDEC Deputy Director the fundamental lows: to be used by the Recorders frequently con- limitations imposed upon my review of the 1. I am a lieutenant colonel in the United sisted of finished intelligence products of a organization’s files and my inability to state States Army Reserve, having been commis- generalized nature—often outdated, often conclusively that no exculpatory informa- sioned in 1981 as an officer in Intelligence ‘‘generic,’’ rarely specifically relating to the tion existed relating to the CSRT subjects. It Corps. I have served as an intelligence officer individual subjects of the CSRTs or to the was not possible for me to certify or validate from 1982 to the present during periods of circumstances related to those individuals’ the non-existence of exculpatory evidence as both reserve and active duty, including mo- status. related to any individual undergoing the bilization in 1990 (‘‘Operation Desert Storm’’) 9. Beyond ‘‘generic’’ information, the case CSRT process. and twice again following 9-11. In my civilian writer would frequently rely upon informa- 16. The content of intelligence products, occupation, I am an attorney with the law tion contained within the Joint Detainee In- including databases, made available to case firm Fink & Abraham LLP in Newport formation Management System (‘‘JDIMS’’). writers, Recorders, or liaison officers, was Beach, California. The subset of that system available to the often left entirely to the discretion of the or- 2. This declaration responds to certain case writers was limited in terms of the ganizations providing the information. What statements in the Declaration of Rear Admi- scope of information, typically excluding in- information was not included in the bodies of ral (Retired) James M. McGarrah formation that was characterized as highly intelligence products was typically unknown (‘‘McGarrah Dec.’’), filed in Bismullah v. sensitive law enforcement information, high- to the case writers and Recorders, as was the Gates, No. 06–1197 (D.C. Cir.). This declara- ly classified information, or information not basis for limiting the information. In other tion is limited to unclassified matters spe- voluntarily released by the originating agen- words, the person preparing materials for use cifically related to the procedures employed cy. In that regard, JDIMS did not constitute by the CSRT board members did not know by Office for the Administrative Review of a complete repository, although this limita- whether they had examined all available in- the Detention of Enemy Combatants tion was frequently not understood by indi- formation or even why they possessed some (‘‘OARDEC’’) and the Combatant Status Re- viduals with access to or who relied upon the pieces of information but not others. view Tribunals (‘‘CSRTs’’) rather than to system as a source of information. Other 17. Although OARDEC personnel often re- any specific information gathered or used in databases available to the case writer were ceived large amounts of information, they a particular case, except as noted herein. similarly deficient. The case writers and Re- often had no context for determining wheth- The contents of this declaration are based corders did not have access to numerous in- er the information was relevant or probative solely on my personal observations and expe- formation sources generally available within and no basis for determining what additional riences as a member of OARDEC. Nothing in the intelligence community. information would be necessary to establish this declaration is intended to reflect or rep- 10. As one of only a few intelligence- a basis for determining the reasonableness of resent the official opinions of the Depart- trained and suitably cleared officers, I served any matter to be offered to the CSRT board

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8912 CONGRESSIONAL RECORD — SENATE July 10, 2007 members. Often, information that was gath- McGarrah and the Deputy Director imme- ring in result) (‘‘The historic purpose of the ered was discarded by the case writer or the diately questioned the validity of our find- writ has been to relieve detention by execu- Recorder because it was considered to be am- ings. They directed us to write out the spe- tive authorities without judicial trial’’). As biguous, confusing, or poorly written. Such a cific questions that we had raised concerning Justice Jackson wrote in an opinion respect- determination was frequently the result of the evidence to allow the Recorder an oppor- ing the availability of habeas corpus to the case writer or Recorder’s lack of training tunity to provide further responses. We were aliens held in U.S. custody: or experience with the types of information then ordered to reopen the hearing to allow ‘‘Executive imprisonment has been consid- provided. In my observation, the case writer the Recorder to present further argument as ered oppressive and lawless since John, at or Recorder, without proper experience or a to why the detainee should be classified as Runnymede, pledged that no free man should basis for giving context to information, often an enemy combatant. Ultimately, in the ab- be imprisoned, dispossessed, outlawed, or ex- rejected some information arbitrarily while sence of any substantive response to the iled save by the judgment of his peers or by accepting other information without any questions and no basis for concluding that the law of the land. The judges of England articulable rationale. additional information would be forth- developed the writ of habeas corpus largely 18. The case writer’s summaries were re- coming, we did not change our determina- to preserve these immunities from executive viewed for quality assurance, a process that tion that the detainee was not properly clas- restraint.’’ Shaughnessy v. United States ex principally focused on format and grammar. sified as an enemy combatant. OARDEC’s re- rel. Mezei, 345 U.S. 206, 218–219, 73 S.Ct. 625, 97 The quality assurance review would not ordi- sponse to the outcome was consistent with L.Ed. 956 (1953) (dissenting opinion). narily check the accuracy of the information the few other instances in which a finding of Consistent with the historic purpose of the underlying the case writer’s unclassified ‘‘Not an Enemy Combatant’’ (NEC) had been writ, this Court has recognized the federal summary for the reason that the quality as- reached by CSRT boards. In each of the courts’ power to review applications for ha- surance reviewer typically had little more meetings that I attended with OARDEC lead- beas relief in a wide variety of cases involv- experience than the case writer and, again, ership following a finding of NEC, the focus ing executive detention, in wartime **2693 as no relevant or meaningful intelligence or of inquiry on the part of the leadership was well as in times of peace. The Court has, for legal experience, and therefore had no skills ‘‘what went wrong.’’ example, entertained the habeas petitions of by which to critically assess the substantive 24. I was not assigned to another CSRT an American citizen who plotted an attack portions of the summaries. panel. on military installations during the Civil 19. Following the quality assurance proc- I hereby declare under the penalties of per- War, Ex parte *475 Milligan, 4 Wall. 2, 18 ess, the unclassified summary and the infor- jury based on my personal knowledge that L.Ed. 281 (1866), and of admitted enemy mation assembled by the case writer in sup- the foregoing is true and accurate. aliens convicted of war crimes during a de- port of the summary would then be for- STEPHEN ABRAHAM. clared war and held in the United States, Ex warded to the Recorder. It was very rare that parte Quirin, 317 U.S. 1, 63 S.Ct. 2, 87 L.Ed. 3 a Recorder or a personal representative EXHIBIT 2 (1942), and its insular possessions, In reo would seek additional information beyond (CITE AS: 542 U.S. 466, 124 S.CT. 2686 Yamashita, 327 U.S. 1, 66 S.Ct. 340, 90 L.Ed. 499 that information provided by the case writ- [1] Congress has granted federal district (1946). er. The question now before us is whether the 20. It was not apparent to me how assign- courts, ‘‘within their respective, jurisdic- habeas confers a right to judicial review of ments to CSRT panels were made, nor was I tions,’’ the authority to hear applications for the legality of executive detention of aliens personally involved in that process. Never- habeas corpus by any person who claims to in a territory over which the United States theless, I discerned the determinations of be held ‘‘in custody in violation of the Con- exercises plenary and exclusive jurisdiction, who would be assigned to any particular po- stitution or laws or treaties of the United but not ‘‘ultimate sovereignty.’’ sition, whether as a member of a CSRT or to States.’’ 28 U.S.C. §§ 2241(a), (c)(3). The stat- some other position, to be largely the prod- ute traces its ancestry to the first grant of Application of the habeas statute to per- uct of ad hoc decisions by a relatively small federal-court jurisdiction: Section 14 of the sons detained at the base is consistent with group of individuals. All CSRT panel mem- Judiciary Act of 1789 authorized federal the historical reach of the writ of habeas bers were assigned to OARDEC and reported courts to issue the writ of habeas corpus to corpus. At common law, courts exercised ha- ultimately to Rear Admiral McGarrah. It prisoners who are ‘‘in custody, under or by beas jurisdiction over the claims of aliens was well known by the officers in OARDEC colour of the authority of the United States, detained within sovereign territory of the that any time a CSRT panel determined that or are committed for trial before some court realm, [FN11] as well as the claims of **2697 a detainee was not properly classified as an of the same.’’ Act of Sept. 24, 1789, ch. 20, § 14, persons *482 detained in the so-called ‘‘ex- enemy combatant, the panel members would 1 Stat. 82. In 1867, Congress extended the pro- empt jurisdictions,’’ where ordinary writs have to explain their finding to the OARDEC tections of the writ to ‘‘all cases where any did not run, [FN12] and all other dominions Deputy Director. There would be intensive person may be restrained of his or her lib- under the sovereign’s control. [FN13] As scrutiny of the finding by Rear Admiral erty in violation of the constitution, or of Lord Mansfield wrote in 1759, even if a terri- McGarrah who would, in turn, have to ex- any treaty or law of the United States.’’ Act tory was ‘‘no part of the realm,’’ there was plain the finding to his superiors, including of Feb. 5, 1867, ch.28, 14 Stat. 385. See Felker ‘‘no doubt’’ as to the court’s power to issue the Under Secretary of the Navy. v. Turpin, 518 U.S. 651, 659–660, 116 S.Ct. 2333, writs of habeas corpus if the territory was 21. On one occasion, I was assigned to a 135 L.Ed.2d 827 (1996). ‘‘under the subjection of the Crown.’’ King v. CSRT panel with two other officers, an Air Habeas corpus, is, however, ‘‘a writ ante- Cowle, 2 Burr. 834, 854–855, 97 Eng. Rep. 587, Force colonel and an Air Force major, the cedent to statute, * * * throwing its root 598–599 (K.B.). Later cases confirmed that the latter understood by me to be a judge advo- deep into the genius of our common law.’’ reach of the writ depended not on formal no- cate. We reviewed evidence presented to us Williams v. Kaiser, 323 U.S. 471, 484, n. 2, 65 tions of territorial sovereignty, but rather regarding the recommended status of a de- S.Ct. 363, 89 L.Ed. 398 (1945) (internal. on the practical question of ‘‘the exact ex- tainee. All of us found the information pre- quotation marks omitted). The writ ap- tent and nature of the jurisdiction or domin- sented to lack substance. peared in English law several centuries ago, ion exercised in fact by the Crown.’’ Ex parte 22. What were purported to be specific became ‘‘an integral part of our common-law Mwenya, [1960] 1 Q.B. 241, 303 (C.A.) (Lord statements of fact lacked even the most fun- heritage’’ by the time the *474 Colonies Evershed, M. R.). damental earmarks of objectively credible achieved independence, Preiser v. Rodriguez, evidence. Statements allegedly made by per- 411 U.S. 475, 485, 93 S.Ct. 1827, 36 L.Ed.2d 439 The PRESIDING OFFICER. The Sen- cipient witnesses lacked detail. Reports pre- (1973), and received explicit recognition in ator from Colorado. sented generalized statements in indirect the Constitution, which forbids suspension of Mr. SALAZAR. Mr. President, I rise and passive forms without stating the source ‘‘[t]he Privilege of the Writ of Habeas Corpus today in support of and as a cosponsor of the information or providing a basis for * * * unless when in Cases of Rebellion or In- of amendment No. 2012. I salute Sen- establishing the reliability or the credibility vasion the public Safety may require it,’’ ator WEBB and my colleagues who of the source. Statements of interrogators Art. I, § 9, cl. 2. joined in this effort which would set a As it has evolved over the past two cen- presented to the panel offered inferences standard for how much time our troops from which we were expected to draw conclu- turies, the habeas statute clearly has ex- sions favoring a finding of ‘‘enemy combat- panded habeas corpus ‘‘beyond the limits get at home between deployments. We ant’’ but that, upon even limited questioning that obtained during the 17th and 18th cen- owe it to our troops and to our families from the panel, yielded the response from turies.’’ Swain v. Pressley, 430 U.S. 372, 380, n. to have a rational and reasonable troop the Recorder, ‘‘We’ll have to get back to 13, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977). But rotation policy that allows our fighting you.’’ The personal representative did not ‘‘[a]t its historical core, the writ of habeas forces to be at their best. participate in any meaningful way. corpus has served as a means of reviewing The ever-quickening operational 23. On the basis of the paucity and weak- the legality of Executive detention, and it is tempo over the last 4 years of combat ness of the information provided both during in that context that its protections have and after the CSRT hearing, we determined been strongest.’’ INS v. St. Cyr, 533 U.S. 289, in Iraq and Afghanistan has stretched that there was no factual basis for con- 301, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001). See our military beyond reason and endan- cluding that the individual should be classi- also Brown v. Allen, 344 U.S. 443, 533, 73 S.Ct. gered our national security. Con- fied as an enemy combatant. Rear Admiral 397, 97 L.Ed. 469 (1953) (Jackson, J., concur- tinuing to shorten the time our troops

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8913 are able to spend at home while extend- come back to Fort Carson after having above the politics that sometimes typ- ing deployments is simply not a sus- served in Iraq. They need time to re- ify Washington perhaps too much of tainable policy. It is bad for oper- cover from those injuries. A recent the time. He, in his work with the dis- ational readiness, it is bad for reten- service-wide report of the DOD’s Task tinguished Senator from Virginia, Mr. tion, it is bad for morale, and it is bad Force on Mental Health showed that 38 WARNER, who was also the key co- for the health of our military members percent of soldiers, 31 percent of ma- author of this legislation, exemplifies and their families. We must do better rines, and 49 percent of the National the best of what there is here in this to protect our national security, and Guard report psychological problems Senate Chamber. I just wanted to pub- this amendment moves us in the right following combat deployments. The licly state my appreciation to Senator direction. prevalence of psychological problems LEVIN and his staff and to Senator In the time I have spent with our increases with increased frequency of WARNER and his staff for the great servicemembers in Iraq and Afghani- deployment and with longer deploy- work they have done on this legisla- stan, at Fort Carson and at the many ments. Our troops need more time at tion. military installations around Colorado, home to recuperate and readjust with Mr. President, I yield the floor. I have always found our servicemem- their families. The PRESIDING OFFICER. Who bers to be serving proudly and honor- Amendment No. 2012 is a sensible and seeks time? ably. They rarely look at you and talk much needed rotation policy for our The Senator from Michigan is recog- about the sacrifices they are being troops. I can think of no better author nized. asked to make or of the effects that for this amendment than Senator JIM Mr. LEVIN. Mr. President, first let failed policies are having on them and WEBB who has had a long and storied me thank my dear friend, Senator on their families. But you can still see history of service to our country and SALAZAR, for his comments. They are in their eyes the evidence of the strain who has an intimate understanding of particularly meaningful coming from that the operational tempo is placing the military and knowing what it somebody who as much as anybody in on them and on their families. You see takes to have a strong military for the this body strives to bring Members to- the strain at installations all around United States of America. gether in common causes. I want to the country. For our regular forces, the amend- tell him how grateful I am for his com- In my State at Fort Carson where I ment requires that if a unit or a mem- ments but also, even more impor- have visited often over the last several ber is deployed to Iraq or Afghanistan, tantly, how grateful we all are for the years, the families of the 2nd Brigade they will have equal time at home be- effort he makes to cross the aisle and of the 2nd Infantry Division learned fore being redeployed. That is to say, if bring Senators together on important earlier this year that their soldiers’ they are deployed for 6 months, they issues of the day. tours of duty in Iraq are being ex- must be at home for at least 6 months Last night, I was not able to be tended by 3 months, so that they will before being sent back into combat. present when our bill came to the floor. stay in the theater for a total of 15 For the National Guard and Reserve, I was chairing a subcommittee meeting months rather than the 12 months they no unit or member could be redeployed which I could not leave. I asked a num- anticipated when they went to Iraq. to Iraq or Afghanistan within 3 years of ber of colleagues on the Armed Serv- The 2nd Brigade is currently today in a their previous deployment. ices Committee if they could fill in for block-by-block battle with insurgents The amendment includes an impor- me, and very graciously and, as always, in eastern Baghdad. The 2nd Brigade tant provision that I hope my col- very competently, Senators BEN NEL- lost 6 soldiers over the Fourth of July leagues on the other side of the aisle SON and BILL NELSON fulfilled that role week, and they have lost 37 since they pay attention to. It is an important and responded to that request, and I arrived in Iraq last October. The bri- provision that allows the President to am very grateful to them for having gade was supposed to be returning this waive these limitations. The President done so. I wasn’t able then to present fall. They were supposed to be return- can waive these limitations if he cer- the bill, as a bill of this magnitude ing this fall, but now it will be winter tifies to Congress that the deployment should be presented, and I will take a before they might be able to come is necessary in response to an oper- few minutes at this time to do that. home. ational emergency posing a vital The Defense Authorization Act for The 3rd Brigade, also at Fort Carson, threat to the national security of the fiscal year 2008 would fully fund the fis- returned from Iraq late last fall after a United States of America. So the Presi- cal year 2008 budget request of $648.8 full year deployment. They could well dent can waive the requirements of billion for national security activities be sent back to Iraq before they have this readiness legislation we are pro- of the Department of Defense and the the time they need here to recuperate, posing in the Chamber today. Another Department of Energy. to train, and to prepare for a new de- waiver would authorize the Chief of The Senate Armed Services Com- ployment. They deserve some consist- Staff of each branch to approve re- mittee has a long tradition of setting ency and certainty in their deployment quests by volunteers to deploy. aside partisanship and working to- cycle. This is an amendment which sup- gether in the interest of the national We see the impacts of the current ports our troops and their families who defense. That tradition has been main- operational tempo in our Guard and have been called upon to make ever-in- tained this year. I am pleased that our Reserve units as well. We have come to creasing sacrifices in the course of this bill, S. 1547, was reported to the Senate rely on the Guard and Reserve to an war. It is an amendment which I ask on a unanimous 25-to-nothing vote of unprecedented degree in Iraq. At one my colleagues to support and which I our committee. Additionally, S. 1606, point in 2005, the Army National Guard hope we will pass on behalf of our the Dignified Treatment of Wounded contributed nearly half of the combat troops and their families. Warriors Act, which we will be taking brigades on the ground in Iraq. These I wish to conclude by simply stating up either as part of this bill or as a troops, once thought of as ‘‘weekend my appreciation to the leaders who freestanding measure, was also re- warriors,’’ have been shouldering bur- have put together the DOD authoriza- ported by the committee on a unani- dens similar to their Active-Duty coun- tion legislation which is before the mous 25-to-nothing vote. These votes terparts and are facing the same ex- Senate. The Senator from Michigan, stand as a testament to the common tended deployments and the same the chairman of the Armed Services commitment of all of our Members to shortened time at home. Committee, CARL LEVIN, is often re- supporting our men and women in uni- We are quickly learning about the ferred to by me and I know many of the form. impacts of this operational tempo on Members of this Chamber, as a Sen- Our bill contains many important the health and well-being of our troops. ator’s Senator because he is one of provisions that will improve the qual- The impacts and the facts here are be- those people who are here for abso- ity of life of our men and women in yond dispute. A study at Fort Carson lutely the right reason—their devotion uniform, provide needed support and showed that around 18 percent of re- to this country. His standing up for our assistance to our troops on the battle- turning soldiers had traumatic brain military is something which is a great fields of Iraq and Afghanistan, make injuries. These are soldiers who have example of a Senator who puts purpose the investments we need to meet the

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Threat Reduction Program, CTR, by source contracts by ensuring that fu- The bill before us, perhaps most im- $100 million, eliminate funding restric- ture contracts of this type provide for portantly, continues the increases in tions that limit the use of CTR funds, the competition of task and delivery compensation and quality of life that and we expand the CTR Program to orders unless there is a compelling rea- our service men and women and their countries outside of the former Soviet son not to do so. families deserve as they face the hard- Union. There are far too many provisions in ships imposed by continuing military The bill contains a number of provi- the bill to describe all of them, but operations around the world. For ex- sions that will help improve the man- there are a few more I wish to put some ample, the bill contains provisions that agement of the Department of Defense focus on. would authorize a 3.5-percent across- and other Federal agencies. For exam- Section 1023 of the bill would protect the-board pay increase for all uni- ple, the bill contains provisions that our troops, uphold our values, and help formed military personnel, which is a would establish a Chief Management restore our image around the world by half a percent more than the adminis- Officer, finally, for the Department of providing a fair process for reviewing tration’s request. Our bill authorizes Defense to provide continuous top-level the status of the Department of De- increases in the end-strength of the attention to the high-risk management fense detainees at Guantanamo and Army and the Marines—13,000 for the problems of the Department as rec- elsewhere. This provision would require Army and 9,000 for the Marines. Our ommended by the Comptroller General. for the first time that long-held detain- bill authorizes payment of over 25 I note that our Presiding Officer is a ees receive legal representation, provide for legal rulings to be made by types of bonuses and special pay aimed member of the committee which takes military judges, and prohibit the use of at encouraging the enlistment, reen- a particular interest in management listment, and continued service by Ac- coerced statements. issues, and the committee on which we Section 871 of the bill would require tive-Duty and Reserve military per- both serve, the Homeland Security and the Department of Defense to provide sonnel. Our bill authorizes payment of Governmental Affairs Committee, has much-needed regulation for contrac- combat-related special compensation been interested in this subject for tors operating on the battlefield in Iraq to servicemembers medically retired years, as long as probably both of us, and Afghanistan. Over the past 4 years, for a combat-related disability. We re- the Presiding Officer and I, have been contractor employees have frequently duce the cost of pharmaceuticals to De- here together. We need a chief manage- fired weapons at people and property in partment of Defense personnel by au- ment officer for the Department of De- Iraq—including insurgents, civilians thorizing the use of Federal pricing for fense and we would establish that of- and, on occasion, even our own coali- pharmaceuticals dispensed through the fice. tion forces. Yet we have no consistent TRICARE retail program. We would establish an acquisition system in place for regulating the con- The bill also includes important workforce development fund to enable duct of these armed contractors, or for funding and authorities needed to pro- the Department of Defense to increase enforcing compliance with those regu- vide our troops with the equipment and the size and quality of its acquisition lations that do exist, that are supposed support they will continue to need as workforce as needed to address system- to govern the activities of our contrac- long as they remain in Iraq and Af- atic deficiencies in the Department’s tors we hire. The provision in our bill ghanistan. For instance, the bill con- purchases of products and services. would ensure that commanders on the tains provisions which would add $4 bil- We would tighten the rules for De- battlefield have the authority they lion above the amount requested by the partment of Defense acquisition of have long needed to establish rules of administration for Mine Resistant Am- major weapons systems and sub- engagement—as well as systems for re- bush Protected Vehicles, so-called systems, components, and spare parts porting and investigating incidents in- MRAPs, which improve protection for to reduce the risk of contract over- volving the use of force—for armed our troops exposed to improvised explo- pricing, cost overruns, and failure to contractors of ours in an area of com- sive devices, or IEDs. Our bill fully meet contract schedules and perform- bat operations. funds the budget request of $4.5 billion ance requirements. Finally, shortfalls in the care and for the Joint Improvised Explosive De- Our bill also contains a provision treatment of our wounded warriors vice Defeat Office, while directing that that would require increased competi- came to the attention of the Nation in office to invest at least $50 million in tion in large so-called ‘‘umbrella con- a series in the Washington Post last blast injury research and over $150 mil- tracts’’ awarded by the Department of February. These articles described de- lion for the procurement of IED Defense. The Armed Services Com- plorable living conditions for some jammers for the Army. mittee held a hearing in April on the servicemembers in an outpatient sta- We invest more than $70 million in Department of Defense’s management tus. They described a bungled, bureau- research and new technologies to en- of the $20 billion LOGCAP contract, cratic process for assigning disability hance the force protection of deployed under which KBR—until recently a ratings that determine whether a serv- units, including advanced materials for subsidiary of Halliburton—has provided icemember would be medically retired vehicle and body armor, active protec- services to U.S. troops in the field. with health and other benefits for him- tion systems that shoot down incoming There is a history of highly favorable self and for his family. A clumsy hand- rocket-propelled grenades, and sniper treatment of that contractor through- off was described and exists between detection systems. And we add $2.7 bil- out this contract. For example, the the Department of Defense and the De- lion for items needed by the Army but company was given work that appears partment of Veterans Affairs when a not contained in the President’s budg- to have far exceeded the scope of the military member transitions from one et, including $775 million for reactive contract. All of this added work was department to another. The Nation’s armor and other Stryker requirements, provided to the contractor without shock and dismay reflected the Amer- $207 million for aviation survivability competition. There were almost $2 bil- ican people’s support, respect, and equipment, $102 million for combat lion of overcharges on the contract, gratitude for the men and women who training centers, and funding for explo- and the contractor received highly fa- put on our Nation’s uniform. They de- sive ordnance disposal equipment, vorable settlements on these over- serve the best, not shoddy medical care night-vision devices, and machine charges. and bureaucratic snafus. guns. When asked why the Army had wait- I am very proud our Armed Services The bill would also enhance our na- ed 5 years to split the LOGCAP con- Committee approved S. 1606, the Dig- tional security by aggressively address- tract among multiple contractors so as nified Treatment of Wounded Warriors, ing the risk of proliferation of weapons to allow for the competition of indi- by a unanimous 20-to-0 vote on June 14. of mass destruction. In this regard, the vidual task orders, the Assistant Sec- This bill, which we worked on so close- bill would increase funding over the ad- retary of the Army for Acquisition, ly with the Committee on Veterans’ ministration’s request for Department Technology and Logistics responded: Affairs, would address the issues of in- of Energy nonproliferation programs I don’t have a good answer for you. consistent application of disability

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8915 standards, disparate disability ratings, lation. I hope we can proceed to the guardsmen, reservists, and active-duty substandard facilities, lack of seamless prompt consideration of it, and I hope personnel who want to come back and transition from the Department of De- that as soon as we address the amend- serve in the theaters again prior to the fense to the Veterans’ Administration, ment of Senator WEBB, we are going to end of their period of respite, their inadequacy of severance pay, care, and be able to move on to other amend- time at home, they could go back if treatment for traumatic brain injury ments. they express that they want to serve. and post-traumatic stress disorder. It I yield the floor. That request will be honored. addresses also medical care for care- The PRESIDING OFFICER. The Sen- Secondly, if we get into a jam as a givers not eligible for TRICARE, and ator from Delaware is recognized. country in another part of the world the sharing of medical records between Mr. CARPER. Mr. President, I feel and we need a unit to go there, whether the Department of Defense and the De- fortunate that Senator LEVIN was un- you are Army, Navy, Air Force, or Ma- partment of Veterans Affairs. able to be here yesterday to present rine, there is a Presidential waiver in- In consultation with the leadership the bill from the committee he chairs. cluded in the Webb amendment that and with the Committee on Veterans As the Presiding Officer a few minutes says the President can waive the lan- Affairs, since there is unlikely to be ago, and now listening for 5 minutes or guage in the bill, in the amendment, available floor time to bring this criti- so, I have become better acquainted and direct those forces to serve back in cally needed bill to the floor as free- with some of the details of a very large the theater where they are needed. I standing legislation, it will be offered and complex piece of legislation. I think those are positive and important instead as an amendment to the bill we want to start off by saying a special aspects of the Webb amendment. We have on the floor now. I will be offering thanks to him and his staff, to Senator ought to keep them in mind. this on behalf of a very large bipartisan MCCAIN and Senator WARNER and their Prior to coming to serve in the Sen- group of Senators coming from not staffs, and other members of the com- ate, I was privileged to be Governor of only both the Armed Services Com- mittee. They have crafted a very dif- my State for 8 years. As Governor of mittee and Veterans’ Affairs Com- ficult bill. Delaware—or of any State, whether it mittee but from all Senators, just As one who likes to work across the is Pennsylvania, Michigan, or Dela- about, who will be offering this amend- aisle, I applaud them for the way they ware—you serve as commander in chief ment. We owe it to our men and women have done that, bringing near una- of your National Guard. in uniform to take up and pass this im- nimity from your committee in sup- We had Army Guard and Air Guard portant legislation. port of this legislation. I especially sa- who served, and I was honored to be, As of today, roughly 160,000 U.S. sol- lute the Senator from Michigan and his for those 8 years, their commander in diers, sailors, airmen, and marines are team for the work they have done in chief. I felt a great affection, a great engaged in combat and combat support providing for a chief management offi- affinity for them, an allegiance to operations in Iraq. Almost 20,000 are cer within the Department of Defense— them and to their families. engaged in combat and combat support God knows we need that—along with When I was in Iraq 3 or 4 weeks ago, operations in Afghanistan, and tens of many other aspects of the bill. I had the opportunity to meet with thousands more are supporting the war I want to take a moment to talk members of our 198th Signal Battalion effort through deployments thousands about the amendment Senator WEBB is of the Delaware National Guard. On of miles from home. offering and has laid down. I know the morning I came back from having While many of us believe the time there are folks who have concerns been in Iraq, I flew into Dulles and has come to start bringing these troops within the Senate and outside of the hotfooted it up to a place called Dela- home, we all know we must provide our Senate about this legislation. I want to ware City in time to send off the 153rd troops the support they need as long as speak in support of his proposal. You unit of the Delaware National Guard, a they remain in harm’s way. We in the may recall he is calling for us to try to military police unit, who were going to Nation are divided on the administra- ensure that there is some downtime for Fort Dix and then on to Iraq. It is a tion’s war policy, but we are united in active-duty personnel serving in Iraq unit we actually created when I was our determination to support our and Afghanistan—that once they have Governor, and I feel a special spot for troops. Senate action on the National served in those theaters, they be able them in my heart. I wanted to be there Defense Authorization Act for Fiscal to come home, train, rest up, reac- when they were sent abroad, sent to Year 2008 will improve the quality of quaint with their families, and to pre- Fort Dix and then on to Iraq. life of our men and women in uniform. pare to go back, if necessary. He is say- Having talked with a number of It will give them the tools they need to ing if you are on active duty for 6 them, having been with them and their remain the most effective fighting months abroad, then they could come families literally weeks ago as they force in the world. Most important of home for 6 months. If it is 12 months, prepared to depart, I have a special all, it will send an important message there would be a 12-month respite. sense from being overseas in Baghdad that we, as a Nation, stand behind They would be training and working on with folks from the 198th Signal Bat- them and we appreciate their service. readiness and trying to reunite them- talion for what their concerns are with Finally, as I did earlier this morning, selves with their families. There is respect to an extended deployment. I note that this bill—a bipartisan bill— plenty to do during the time they are These are people who did not sign up would not have been possible without not deployed. for one, two, three deployments in the the support and leadership of Senator Also, he would say if they happen to war zone. Before I served in the House MCCAIN, my ranking member, and each be reservists or National Guard, they of Representatives, I was a naval flight member of the Senate Armed Services should have the opportunity for every officer. I served during the Vietnam Committee. We owe a special debt of year spent abroad to have 3 years war. I wasn’t a hero such as JIM WEBB, gratitude to those who served as sub- downtime. The obvious question that and I wasn’t a hero such as JOHN committee chairs and ranking mem- came to mind for me is: What if we get MCCAIN and some others with whom we bers of the Armed Services Committee. into a jam somewhere in another part serve—DANNY INOUYE. My job in the This bill takes a long time to put to- of the world and we need somebody Vietnam war in P–3 airplanes was to gether and then to mark up. It takes who has been promised that 6 months hunt for Red October, track Soviet nu- many months to perform those func- back home, or 2, 3 years back home, clear submarines. We flew missions off tions and many days in the markup and we need them to come back and the coast of Vietnam as well. process itself. serve on active duty? What if a member Interestingly enough, we had other I also give a special thank-you to our of the Guard or Reserves or active duty Reserve squadrons come out and fly former chairman, Senator WARNER, wanted to serve sooner again in Af- missions with us during the Vietnam who again did yeoman service to make ghanistan or Iraq, would they be able war. Almost without exception, we it possible for this bill to come to the to? Those are good questions. It was never gave them difficult jobs to do. floor in a bipartisan manner, which it discussed over lunch with Senator Almost without exception, they were has. I look forward to working with WEBB. I was pleased with his response. not given challenging jobs to do be- colleagues to pass this important legis- Regarding the question about the cause we didn’t want them to mess it

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It states that ‘‘The Congress have been recently. Our Guard and Re- will increase the likelihood they will shall have the Power . . . To make serve units are doing the toughest stick with us. Rules for the Government and Regula- work, the most dangerous work, the The other point I wish to make, for tion of the land and naval Forces. . . .’’ most demanding work of any Active- those who are not aware of the waiver This is well within the Constitution. Duty Force. They are in harm’s way. authority that is granted in this In fact, there is much precedent when They are getting shot at, in some cases amendment, we say to a President: You people who are opposed to this amend- getting wounded, in other cases dying. can waive these requirements for Ac- ment discuss that it might be tying the They leave behind, particularly those tive-Duty personnel or for Guard per- President’s hands unnecessarily. We on active duty, Active-Duty Guard and sonnel. You can waive them. If we find can go back to the dark days of the Ko- Reserve, not just families in many ourselves in a bind in another part of rean war, where because of the na- cases—spouses, children, in some cases the world and we need those forces, tional emergency that was caused from dependent parents—in many cases they those assets to be on active duty again, the invasion of South Korea by the have businesses they own and run the President can waive those require- North, we didn’t have enough troops themselves. It is one thing to be away ments. available, and the administration at from an employer who would like to Also, if I or any of us happen to be on the time started sending soldiers into have you there, who needs you there active duty or in the Reserves and we Korea who had not been fully trained and to be away for a month, 2, or 3 have done our time and have a chance and the Congress acted within its con- months on active duty. But try leaving to come back and we want to go back, stitutional purview and passed a law your business that you may have start- that said no individual who is brought ed, built, and it depends on you being we feel an obligation to go back—and into the U.S. military can be sent over- there, and go away for 15 months, come God bless them, some of our troops seas unless they have been in the mili- back for a little while to the States to today are serving second and third try to get it started again and have to tours over there—they would have the tary for 120 days. The reason the Congress acted was to go away again for 15 months. opportunity to do that, not be barred After 5 years active duty, I served an- from doing that. If they chose to take protect the well-being of those who other 18 years as a Reserve naval flight that course, they could. served, and that is exactly what we are officer. I stayed current on my air- For those reasons and for others I proposing to do today. We are saying plane. I flew with a squadron out of the mentioned today, I believe Senator that whatever your beliefs are about naval air station at Willow Grove. If WEBB’s amendment should be sup- this war, whether you want it to end in members of my unit—and they were ported. It deserves to be enacted. It is 5 weeks or whether you want it to go great guys, they were all guys, and one of those deals where the more I on for the next 10 years, we have to they loved the Navy, they loved the learned about it, the more comfortable come to some common agreement service, they loved our mission—if you I have become with it. As a number of among the leadership of the United had taken most of us and said: We are my colleagues who actually served ac- States that we are going to protect the putting you on active duty for 15 tive duty, served in the Reserves and well-being of our troops, the people months, let you come home a little had the privilege of leading a State’s who step forward to serve in these while and put you back for another 15 National Guard, this is one I thought times. months on the other side of the world, about. This wasn’t a knee-jerk reac- The minimum we can do is to set a I am not sure how many would sign up tion, yep, this is the way to do it. I floor that basically says: However long again, reup, renew our commitment. I thought it through and put on my hats you are deployed, you can have that guess a lot of people said: No, thank of earlier roles I played outside the much time back at home. Or if you are you; been there, done that. I served my Senate, outside the Congress. in the National Guard or Reserve, if Nation on active duty and in the Re- I think the Webb amendment is the you have been deployed, you deserve to serve, and we wouldn’t have taken on right way to go. My hope is, when the have three times that much time at that obligation, at least not with great votes are cast, it will be adopted and home. enthusiasm. Some would have; I sus- added to this legislation. The historical standard is if you have pect others would not. I yield the floor. been deployed overseas or if you have What Senator WEBB is trying to do is The PRESIDING OFFICER. The Sen- been deployed on a deployment, you to say: Look, if you have gone over ator from Virginia. should have twice as much time at there, if you are on active duty, if you Mr. WEBB. Mr. President, I first ex- home. The Commandant of the Marine serve in the Army, Navy, Air Force, press my thanks to the Senator from Corps earlier this year, when he under- Marines in the theater for 6 months, we Delaware for his service and also for took the duties of being Commandant, are going to make sure you have a his comments on this amendment. said that his goal was to bring in a 2- chance to catch your breath, to come I come to the floor because I heard to-1 rotational cycle for the Marine back, hopefully, with your unit to re- the other side of the aisle may be de- Corps. Given the requirements of Iraq, train here, have downtime to reconnect ciding to filibuster this amendment. I 2 to 1. We are now at 1 to 1, with a good with your family, to begin to put your wish to, first of all, express my surprise portion of that time back home being personal life together a little bit before that this filibuster might occur which, spent in workups for these units and we put you back over there in harm’s as the Chair knows, would increase the for these individuals to go back. way. To the extent you happen to be a requirement of 60 votes in order for the The Army, as a result of this surge, reservist or a member of the National amendment to proceed. now has a policy where they are saying Guard and you have other commit- This is a very simple and very fair you go to Iraq for 15 months, and we ments, you are not on active duty, amendment. I would like to express my will guarantee you 12 months at home. have your own job, business, family opinions about some of the comments That is not even 1 to 1. with children, we are going to give you that have been made, as I was outside Our amendment establishes a floor. a chance to make sure you can get that listening to different people from the It is reasonable. It doesn’t have any- business going again, stand it up, media telling me what some of the res- thing to do with political objectives of strengthen it, reacquaint yourself with ervations from the other side have been the war downstream. That can be sort- your family, make sure your kids and on this amendment. The comments ed out later. We are simply saying, if spouse are doing all right, maybe your that have been made are not accurate. you have been gone for a year, you de- parents, before we put you back in There are people who are saying this serve to be back for a year. If you have harm’s way again. amendment is unconstitutional in the been gone for 7 months, you deserve to

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So, obvi- where the President certifies there is a bility and a reasonable cycle of deploy- ously, the promise that was supposed requirement, then the President can ment to the men and women who are to be kept hasn’t been kept, and I ask waive this amendment. We are trying carrying our Nation’s burdens. That is the Senator from Virginia, how do you to set a policy of stability so military the question. protect Guard and Reserve when it families can predict what their cycle is Mr. DURBIN. Will the Senator from comes to redeployment in terms of the going to be and have enough time to Virginia yield for a question? time they have? truly become involved with their fami- Mr. WEBB. I will be glad to yield. Mr. WEBB. I would say first to the lies again, have some downtime, then Mr. DURBIN. Mr. President, I would Senator that I had the privilege of refurbish, retrain, and go back. like to commend the Senator from Vir- being the Assistant Secretary of De- I suggest to the other side that if ginia first for offering this amendment. fense for Reserve Affairs for 3 years, they believe this is an amendment that For those who are new to this debate, where we had oversight of the National is incompatible with military service, it is the first amendment on the De- Guard and Reserve programs during a they might want to consider a letter I fense authorization bill, and it is about very critical time when we were received today from the Military Offi- our troops’ readiness to go to battle. transitioning into what we called the cers Association of America. This is There is no better author of this total force concept, and the President’s the largest and most influential asso- amendment than the Senator from Vir- use of the Guard and Reserve is cer- ciation of military officers in the coun- ginia, as one of only two combat vet- tainly something we were not contem- try. It is composed of 360,000 members erans who is here, proud combat vet- plating in the 1980s. from every branch of the military. erans, serving in the Senate. But this amendment sets a floor for They wrote me today. I will read por- I would like to ask the Senator, if I the Guard and Reserve of a 3-to-1 ratio tions of this letter: understand his amendment correctly, with a goal—a written goal—in the On behalf of the 368,000 members of the it says that if we are going to deploy amendment of a 5-to-1 ratio, which is Military Officers Association, I am writing American soldiers into fields of battle, the traditional standard. to express our support for your amendment. in Iraq and Afghanistan or NATO mis- Mr. DURBIN. If the Senator from The MOAA is very concerned that steps must sions, that they not be deployed any Virginia has not covered it in his floor be taken to protect our most precious mili- longer than they are given an equal remarks earlier, what has been the im- tary asset—the all-volunteer force—from pact of these frequent redeployments having to bear such a disproportionate share amount of time for rest or dwell time, as they call it, for training and prepa- on Active Guard and Reserve with re- of national wartime sacrifice. If we are not gard to retention and recruitment? In better stewards of our troops— ration for returning to battle. So if a soldier is being sent to Iraq for 15 other words, if my Guard unit in Illi- This is the president of the MOAA, nois knows they are going to be de- VADM Norbert Ryan, U.S. Navy re- months, then he or she should have at least 15 months back home at the end ployed and redeployed within a year or tired, saying this— two, it seems to me that for some cit- If we are not better stewards of our troops of that period—or reassigned to a peaceful setting—before they can be izen soldiers it would create a hardship and their families in the future than we have which they couldn’t impose on their been in the recent past, we believe strongly deployed again, for Active-Duty sol- families for a period of time. that we will be putting the all-volunteer diers. Is that the gist or substance Can the Senator from Virginia point force at unacceptable risk. when it comes to active duty? to any specific information he has I submit to the President and this Mr. WEBB. First, I would say to the about retention and recruitment relat- body, this is not the kind of statement Senator from Illinois just for factual ing to this redeployment? clarification that Senator HAGEL that would be made from a group of and I Mr. REID. Mr. President, may I ask are the only two ground-combat vet- 368,000 military officers unless they be- my friend to yield? Senator MCCON- erans from Vietnam in the Senate, but lieved in the constitutionality and the NELL and I need to transact some busi- propriety of what we are attempting to I certainly do not want to in any way ness. do. reduce my respect for the distinguished I would ask that the record reflect I say to my colleagues, and particu- Senator from Hawaii who won the Con- that we stopped the Senator from Vir- larly to my colleagues on the other gressional Medal of Honor during ginia but that he maintain the floor side of the aisle, I am very dis- World War II. and that the record appear as his hav- appointed in the notion that an amend- The question the Senator poses is ing not been interrupted. Will that be ment with this simplicity that goes to correct. What this basically says is okay with the Senator from Virginia? the well-being of our troops might even that if you have been gone for a year, Mr. WEBB. By all means. be considered as a filibuster. I say to you deserve to have a minimum of a The PRESIDING OFFICER. The ma- my colleagues on the other side of the year back. And a lot of people mis- jority leader is recognized. aisle that the American people are understand what dwell time is. Dwell Mr. REID. Mr. President, last night, watching us today, and they are watch- time is not downtime. There is a the Republican leader indicated that he ing closely, with the expectation that workup cycle for these units before would have an alternative amendment we finally can take some sort of posi- they go back, which is considerable. So to Senator WEBB’s amendment and tive action that might stabilize the even if we are giving them a 1-to-1 that we would work out an agreement operational environment in which our ratio here, this is not equal time down so we would not need cloture, and I ap- troops are being sent again and again. as compared to an equal time deployed. preciate that very much. But a prob- The American people are tired of the That is why the traditional goal is 2 for lem has developed. We do have a side posturing that is giving the Congress 1. by side from Senator GRAHAM, but such a bad reputation. They are tired Mr. DURBIN. I would like to ask, if what I didn’t understand is that there of the procedural strategies designed to the Senator from Virginia will yield would be a requirement of 60 votes on protect politicians’ accountability and further, it is my understanding when it Senator WEBB’s amendment and Sen- to protect this administration from comes to Guard and Reserve that he ator GRAHAM’s amendment. I just don’t judgment. They are looking for con- also has some protection for the think it is appropriate that there be a crete action that will protect the well- amount of time they will have after filibuster on this amendment, and that being of our men and women in uni- they have served. I have been told is what it is. form. there is an implicit understanding, for I would be happy to enter into an The question on this amendment is example, with Guard members that agreement that would provide for a not whether one supports the war or they would serve 1 year, for example, majority vote on both the Graham and whether they do not. It is not whether and have 5 years before redeployment. Webb amendments. So I now ask unani- someone wants to wait until mid-July In fact, that has not been the case in mous consent that amendment No. 2013

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We have the amendment tisan sponsorship with Senator HAGEL provided to us this morning—we have we are waiting to offer very quickly, of Nebraska—that it be an up-or-down that amendment, we have looked at it, which is the one that has been worked vote, a majority vote, on whether we we understand it—and that at the con- on for a long time, which is the Levin- will give our troops an opportunity to clusion or yielding back of time, the Reed amendment. rest before they are redeployed back Senate vote on Senator WEBB’s amend- So, Mr. President, since there is an into battle. I think the Senator from ment, no. 2012, followed by a vote on objection and based on the filibuster of Virginia has made a compelling argu- Senator GRAHAM’s amendment. Senator WEBB’s troop readiness amendment that it is in the best interest of The PRESIDING OFFICER. Is there ment, I send a cloture motion to the our military—certainly our soldiers objection? desk. and their families—to give them this Mr. MCCONNELL. Reserving the CLOTURE MOTION chance for rest and recuperation and right to object, Mr. President, we have The PRESIDING OFFICER. The clo- retraining before they are redeployed. been here before. Every Iraq amend- ture motion having been presented The fact is, we know many of these ment we have voted on this year—and under rule XXII, the Chair directs the soldiers are being deployed and rede- there have been numerous amend- clerk to read the motion. ployed repeatedly at great personal ments—in fact, I have sort of lost track The bill clerk read as follows: hardship. We have reports that come in of how many we have had—every single CLOTURE MOTION that trouble us about family difficul- one of them, as most things in the Sen- We, the undersigned Senators, in accord- ties many of these soldiers are going ate that are remotely controversial, re- ance with the provisions of rule XXII of the through because of these long periods quires 60 votes. I believe I am correct Standing Rules of the Senate, do hereby of separation and the fact they are in saying that every Iraq amendment move to bring to a close debate on the Webb, overseas so often. we have voted on this year, no matter et al., amendment No. 2012, to H.R. 1585, De- Secondly, we know many of the sol- what the underlying bill was to which partment of Defense Authorization, 2008. diers who return after the stress of bat- the amendment was being offered, was Jim Webb, Richard Durbin, Daniel K. tle need to sit down and talk to some Akaka, Jack Reed, Carl Levin, H.R. in a 60-vote contest. Clinton, Russell Feingold, Jeff Binga- people, go through some counseling to What we have frequently done is sim- man, Christopher Dodd, Frank R. Lau- make sure they are dealing with post- ply negotiated an agreement to have tenberg, John Kerry, Patty Murray, traumatic stress disorder and other the 60 votes we know we are going to Jon Tester, Sherrod Brown, Ken issues which in previous wars had have anyway, and the reason for that Salazar, B.A. Mikulski, Joe Biden, never been mentioned and we know is—well, there are several reasons. No. Harry Reid. now to be very important. 1, if a cloture vote were invoked, it Mr. REID. I ask unanimous consent So the Senator from Virginia is say- would further delay consideration of that the mandatory live quorum be ing: For goodness’ sakes, don’t we owe the bill because potentially 30 more waived. it to our troops to give them a period hours could be used postcloture on an The PRESIDING OFFICER. Without of rest before we send them back into amendment. So what we have done, in objection, it is so ordered. battle? So he wanted a vote on his a rational response to the nature of the Mr. MCCONNELL. Mr. President, amendment, a majority vote, up or Senate in this era, is to negotiate 60- Senator MCCAIN is here and will be down. vote votes. seeking recognition momentarily, but We said to the other side, the Repub- We are perfectly happy to enter into let me suggest that this is not the lican side: Do you have an approach an agreement, as I suggested yester- most efficient way to move forward you would like to use on this same day, for a vote on the Webb amendment with the bill. We have been down this issue? and the alternative that we would path before on virtually every measure They said: Senator GRAHAM of South have, the Graham amendment, by con- that comes before the Senate. The Carolina has an amendment on the sent, two 60-vote requirements. That is most expeditious way to move forward same issue; we would like that to be of- not unusual in the Senate; it is just is by agreement, not by the filing of fered. common practice in the Senate, cer- cloture. So the Democratic majority leader tainly for as long as I have been here. Having said that, I hope that once it said: Fine, we will treat both amend- So, therefore, I object. is clear cloture is not going to be in- ments exactly the same way—have a The PRESIDING OFFICER. Objec- voked, we can get back to the normal limited debate, 4 hours, split up, and tion is heard. way we handle debate on these matters then we will vote on them, a majority The majority leader. and therefore have a better chance of vote, up or down. Mr. REID. I guess rationality is in processing this very important bill and But there was an objection, an objec- the eye of the beholder. The real facts moving it toward passage. tion because the Republican leader now here are that, on Iraq, for example, the I don’t know if my friend from Ari- says: For the amendments, even those bill the President vetoed was not fili- zona wanted to ask a question or want- dealing with the readiness of our bustered. We sent a measure to the ed to get recognition. troops, we need an extraordinary ma- President that he vetoed that had 51 or Mr. MCCAIN. Mr. President, I would jority, we want 60 votes, even on an 52 votes. It was in the majority. That is like to seek recognition, but I see the amendment about the readiness of sol- what we should do here. assistant majority leader is up, and I diers where we have offered both sides It appears to me we are arriving at a will be glad to wait on him. the same opportunity. point where, even on the Defense au- Mr. REID. If I could, Mr. President, What it tells us is that when it comes thorization bill, amendments leading Mr. WEBB has the floor. I asked him to to the issue of the war in Iraq, I am up to a final vote on the Defense au- yield to me to do this, and that was the afraid that the minority—the Repub- thorization bill, which is so important, agreement. lican leader—has made it clear that are going to be filibustered. It is really Mr. WEBB. Mr. President, I would they are going to filibuster every wrong. It is too bad. We don’t have to gladly yield the floor, but I don’t know amendment. They are going to do their have this 60-vote margin on everything to whom I am yielding. Where are we? best to slow down and stop this debate we do. That is some recent rule that The PRESIDING OFFICER. The as- on the war in Iraq. Instead of coming has just come up in the minds of the sistant majority leader. to the issue in a straightforward and minority. Mr. DURBIN. Mr. President, I would honest way, for an up-or-down vote, Mr. President, we should move for- like to first thank the Senator from they prefer to drag this out, drag it out ward on this Webb amendment, move Virginia for his leadership on this as long as they can, try to put off the forward on the Graham amendment. amendment, and I am troubled by what inevitable. We can’t put off the inevi- We have confidence that a majority of just occurred on the floor. What the table, and the inevitable is this: This is the Senate supports Senator WEBB. I Democratic majority leader offered a costly, deadly war. As our debate

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Pressures of these long deploy- We owe it to our men and women in them and their families gratitude that ments and short stays at home are tak- uniform to do our duty, and our duty is no single Member of the Senate could ing their toll, as they would in most fair deliberation, open debate, and then properly express. every circumstance. It is not fair to an up-or-down vote, and move to the But as this war stretches on, it takes ask them to continue to make this next issue. But according to the Repub- its toll. All of us have met with Guard kind of sacrifice. lican side of the aisle, that is not the units being deployed, other units that There are many out there who say way it will be. They want to filibuster are returning. We know what they have our Army is near the breaking point. I this debate on the war in Iraq—every- been through, just vicariously, by talk- can’t answer whether it is or not. But thing they can do to slow it down. That ing with their families and hearing I certainly can speak for families from is unfortunate, and I will tell you their stories. Many have returned for Illinois and the families with whom I something. If they were paying atten- second, third, and fourth deployments have spoken, and they are courageous tion to the people back in their home to Iraq and Afghanistan. without a doubt, but they are being States, the people have lost their pa- Our soldiers spend 12 months of time pushed to the limit. We hear all the tience with Congress caught up in this in theater, and now they are going to time about supporting our troops. kind of procedural slowdown. They be spending 15 months, by the latest What does it mean? Many people say want us to act, and act decisively; decision of the Pentagon. Is it unrea- the phrase but do not really know what make a decision one way or the other; sonable to allow them to spend at least it means. This amendment is exactly decide whether an amendment is good that much time at home before they what it means. Our military personnel or bad, but don’t drag it out in this again put themselves in harm’s way? I and their families have borne almost kind of parliamentary maneuver over don’t think so. These short turnaround the entire burden of the struggle our an amendment which on its face is eas- times affect our men and women in Nation has undertaken since Sep- ily understood, which I think is emi- uniform professionally and personally. tember 11, 2001. They have done it spec- nently reasonable, and where the other After 15 months in battle we ask them tacularly. side, the Republican side, has ample to turn around and be ready to leave One of the critiques I have heard that opportunity to put their own idea up again in less than a year. That is just I think is fair is, after 9/11 our country for a vote at the same time. not enough time. Under normal condi- was ready to move together. I can’t re- It could not be any more fair, and yet tions, the preparations and training for call a period of greater national unity. the Republican leader objects. I hope deployment can take up to a year. Had the President made an appeal for he will reconsider. Now we are going to After 15 months in the desert, there are shared sacrifice to fight this war on move from this amendment, the Webb going to be significant tasks our sol- terrorism, I am certain he would have amendment, and the Graham amend- diers will have to accomplish to get received resounding support from both ment, to substantive important amend- themselves and their equipment back sides of the aisle all across the Nation. ments on timetables about bringing in fighting condition. After so long But, sadly, that appeal was not made. American soldiers home—doing it in a away from home base, many individual He has asked for sacrifice from our reasonable way but to start rede- and unit qualifications and training military and their families, and they ploying our troops out of harm’s way. standards have lapsed. It will take have certainly gone above and beyond It appears now the strategy on the time to correct it, but how can they the call of duty. For the rest of us, life other side of the aisle is, in every re- possibly accomplish these tasks if as is all but normal every single day. spect, to try to slow this down, delay soon as they get home they have to There is hardly any sacrifice because of the ultimate decision. begin preparing for the next deploy- this war on terror or war in Iraq or Af- I think Senator REID, the majority ment? leader, has made it clear. We are going Without a doubt we have the finest ghanistan. Is it too much to ask in the to stay here until our job is done. We military in the world, capable of doing Webb amendment to at least acknowl- are committed to making this national great things. But are we really being edge the sacrifices already being made debate on Iraq a meaningful debate, fair to them? Are we really preparing by our soldiers before we push them and no use of any procedural tool or them for battle as we should, by back into the danger of battle? tactic is going to stop us from the ulti- squeezing so much into such a short pe- There will be an amendment offered mate decision this Senate has to make. riod of time? Are we shortchanging val- by Senator GRAHAM. I read the amend- It should be done in an open, honest, uable training that will help to keep ment. I have a great deal of respect for courteous, and civilized way. When we them alive? Senator GRAHAM, but in all fairness made that offer, I am afraid to say the This effect is not limited to their there are two obvious omissions. First, Republican leader objected. I hope we professional performance because, cer- there is no reference at all in his can return to the substance of this de- tainly, with this kind of burden at amendment to the National Guard. I bate. work over such a short amount of time, think that is an important consider- I would like to say that Senator you can be sure that 12 months at ation, not just Active military and Re- WEBB’s amendment is not about the home is really not 12 months at home. serve, but the sacrifice being made by politics of the Iraq war, and it is not Our soldiers don’t complain and always our National Guard. Second, taken in about whether we should be there or put mission accomplishment above all its entirety, the Graham amendment is not be there. It is not about a Repub- else. So rather than spending time at just a sense of the Senate. It is a little lican or Democratic view of the war. It home with the spouse and children, note that is being passed around. It has simply is about taking care of our building the strong families necessary no impact of law, as the Webb amend- troops. We are going to spend a lot of to sustain long separations and deployment would. A sense of the Senate is hours in debate over the next several ment, they will spend longer and not enough. We owe our fighting men weeks debating the war policy, but one longer hours at work training. and women so much more. thing we should not debate is the wel- All we are asking with the Webb Our soldiers have not asked us to do fare and safety of our troops. amendment is to remember the sac- this, but Senator WEBB, Senator I believe I can safely say every Sen- rifices of our soldiers and their fami- HAGEL, and those who have been in bat- ator in this body would agree that no lies. Soldiers deploy. That is what they tle, as Senator MCCAIN has been, un- matter what else we do, our first duty do. They know when they sign up. A derstand we need to stand up and speak is to ensure the welfare and safety of soldier’s family is strong. They per- for them even when duty keeps them those who are fighting, sacrificing, and severe and adapt to ever-changing quiet, when they do not come forward even dying in this struggle. This is ex- schedules. But the strain these families to ask for this helping hand.

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The average citizen watch- July. position and allow these amendments ing these debates really doesn’t under- Everybody knows, even though I to be voted up or down and get on with stand why we don’t just go ahead and don’t happen to agree with it, that Sep- this debate after a reasonable period so take care of the men and women in the tember will be a seminal time on the we can complete this important bill on military, to give them the arms and Iraq issue. the Senate floor. ammunition they need, to give them General Petraeus will be coming The PRESIDING OFFICER. The Sen- the much needed equipment we have back, and he will be issuing his report, ator from Arizona. talked about on this list—the $2.7 bil- which, by the way, I can predict what Mr. MCCAIN. I paid attention to the lion items on the Army Chief of Staff’s it is going to be right now; mixed, some statement of the Senator from Illinois, unfunded requirements list, things like success and some frustration. Then, as well as that of the Senator from Ne- the $4.1 billion for the MRAP, the Mine guess what, in September, we are going vada. We may be approaching—not a Resistant Ambush Protected vehicles. to go through another debate. We are historic moment in the history of the We all know how bad the situation is, going to have amendments, and we are Senate but certainly one worthy of as far as IEDs are concerned. going to have 60 votes again. note; that is, according to my staff, What are we going to do? Are we Meanwhile, the American people are that is not always accurate but is well going to sit down and say: Hey, you wondering what in the heck we are all meaning, we are about, maybe, at least know what. When the Democrats were about here, and why in the world, in all 26 years since we have not had a De- in the minority around here they in- due respect to the deputy majority fense authorization bill passed by this sisted on 60 votes on just about every leader, do we have to keep taking up body. Clearly from this beginning it ap- issue, particularly important ones. We the Iraq issue when we know full well pears, as on most other issues that are now insisting on 60 votes, now that that in September there will be a have come before this body recently, we are in the minority. Yet somewhere major debate on this issue? we will be gridlocked. along the way the issue of c-o-m-i-t-y Meanwhile, the men and women in the military who are serving, to whom Cloture motions will be filed. Votes and the national interest suffers and is I see declaration after declaration of will be taken. Time passes and, unfor- abandoned by the wayside of politics. tunately, during that period of time, The Senator from Michigan and I will our dedication and devotion to their the men and women who are serving in sit here this afternoon and we will have welfare and benefit, then what is going our military will be without their pay statements made by various Members to equip them? What is going to train increase. They will be without the in- as they come to the floor. There are, if them? What is going to give them the crease in numbers that are called for in my past experience with this bill is ac- pay raise? What is going to take care of this bill, from 512,000 in the Army to curate, probably 100, maybe more, them is somehow lost in the rhetoric of 60-vote requirements, which again, 525,000; from 180,000 in the Marines to amendments that will be pending be- most Americans do not understand nor 189,000. cause there are so many issues that are should they be required to, because The best way, probably, to relieve important to Members and important the stress on the men and women in they expect us to come here and act in to the defense of this Nation. It is very the military and the overdeployment their benefit. Certainly they should be likely, from this scenario I am seeing, that, unfortunately, we all regret they asking us to act on an issue, on a piece that we will for the first time in at have had to bear, their unfair share of of legislation such as the Defense au- least 26 years not pass a Defense au- sacrifice in defense of this Nation and thorization bill which has to do with thorization bill—certainly not in a its security, is to increase the size of the defense of this Nation. timely manner. We are already into the the military. That is in this bill. Well, I could go on for a long time. Frankly, the reason we arrived at month of July, and, obviously, we will I do not want in any way my com- these numbers is it is just about as not spend all 4 weeks on this issue. ments to be construed as a lack of re- I think in days gone by—and we all many as can be recruited additionally; spect and appreciation for the chair- have a tendency to remember the good otherwise, I think you would see addi- man of the committee, and the many tional numbers. parts and not the bad parts—there was years we have worked together, be- Instead of the 3.5-percent pay in- a tendency for the managers of the bill cause I am convinced he and I could sit crease, instead of increasing size in the and the majority and whatever party down in a very short period of time and Army and Marine Corps, which we all was in the minority leaders would sit work out the number of amendments know is badly needed, some of us, in- down and say: OK, we are going to nar- and schedule votes and time agree- cluding my friend from Michigan, have row down the amendments. We are ments. But we are not going to do that. known for many years how badly it was going to have agreement for a certain We are not going to do that. But please needed. One of the many mistakes number of amendments and votes, and do not come to the floor, I ask my col- made by the previous Secretary of De- it would take us a while. I can remem- leagues, and talk about your dedica- fense was not to call for a dramatic in- ber sometimes it taking 2 weeks. That tion to the men and women in the mili- crease in the size of our Marine Corps is why we usually bump it up against a tary and how difficult it is for them in and Army, for which our military fami- recess because one thing in the 20 years these times, when we have before us a lies have paid a very heavy price. I have been here we have never missed bill to increase the size of the military, Here we are, gridlocked in a battle is a recess. Now we are going to sit we have before us a bill to give them a whether we are going to have 60 votes here for this afternoon. It is Tuesday pay increase that they deserve, and it and whether we are going to have to afternoon, and we are going to have probably is not going to be passed by file a cloture motion which will ripen various statements. Members on both this body, at least before we go out for after a couple of days and all the ar- sides will display their dedication to the August recess. Then we get into cane things that very few Americans the men and women in the military. I September. Then we will get into an- understand. It took me a number of appreciate that. I appreciate the patri- other fight on the issue of whether we years to finally comprehend some of otism of every single Member of this should withdraw troops in Iraq. the procedures around here. body. But are we really going to do I don’t think we should be very proud So we are, again, going to probably anything for them? Are we really going of ourselves. I don’t. When the men and maintain that historic low in approval to try to help them? Or are we going to women in the military whom we again, that was recently, in a recent Gallop be locked in combat on an issue that as I say, all profess our devotion and Poll that has been taken for many should not be on this bill? dedication to, do not get the equipment years—I have forgotten the number We probably have taken up the issue they need authorized, do not get the in- now. I think it was in the teens as the of the war in Iraq eight or nine times. creases in pay, do not get the increases approval rating of the Congress on the I don’t know exactly how many times. in numbers that we are trying to au- part of the American people. We have amendments, we have debates, thorize, then do not be too surprised Anybody who just watched the pro- we have 60 votes, and then we move on with the cynicism of the American peo- ceedings that went on and the ex- to something else. Meanwhile, we have ple and voters and, indeed, the men and

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I am behold, we are able to get something when the other side was in the minor- particularly an optimist when I look at done because the American people ity, that they required 60 votes on Senator MCCAIN, when I realize that we want us—Senator MCCAIN is right—the issues of importance. I am sorry they have worked together before, as I have American people want us to act. We are did. I am sorry we did. I wish we could with Senator WARNER, on issues that on the verge of acting on the single have simple up-or-down votes on all of look intractable but which are not and most important issue on the minds of these amendments. But to claim that can be worked out, and hopefully there the American people. It was an issue somehow we are filibustering, when can be time agreements on these which, more than any other, impacted that was the standard procedure on the amendments relative to Iraq—which the last election. It was an issue where other side, I don’t think is, frankly, too are important amendments. the Senate spoke in April, and where forceful an argument. I cannot think of anything that af- what we did was vetoed by the Presi- As I say, my staff tells me it has been fects the well-being of our troops or dent. It is an issue where now we must at least 26 years, probably more, since our Nation, frankly, more at this mo- face an historic decision: Is the course we have not passed a Defense author- ment than the question of policy in in Iraq working or does it need to be ization bill. I hope we will not break Iraq, as to whether that policy needs to changed? And, if it needs to be that record. I hope we can sit down to- be changed. There are differences as to changed, what is our responsibility in gether and work this out. Again, recog- whether we ought to change course in terms of bringing about that change? nizing these votes on Iraq are votes Iraq, and there are some who feel that Those are issues we cannot duck. that will be taken again in the month apparently the policy is working. Those are issues we should not avoid. of September, they will be taken again There are some of us who feel the sta- Those are issues which belong on our in the month of September when the tus quo is not working, we need to desks, and require the best possible President comes, when General change it. judgment we can bring. Petraeus comes with his report, I It is not the debate we should have or I yield the floor. Mr. SESSIONS. Mr. President, we would hope we could set the whole can have at this moment. We are in the have been blessed in the Armed Service issue of Iraq aside, go ahead with the middle of a discussion on the Webb Committee to have outstanding chair- authorization for equipping and train- amendment. But it is appropriate that men. I was pleased to serve under Sen- ing and protection and welfare and ben- on this bill, the Senate act. If any- ator MCCAIN and Senator LEVIN. A lot efit of the men and women who are thing, it has been too long, as far as I of hard work has gone into the Defense serving us in the military. Unfortu- am concerned, since the Senate has authorization bills each year I have nately, I think that is not going to taken a position on this. The last time we did it 4 months ago, the President been here. It is remarkable how much happen. we agree on in committee. We come I yield the floor. vetoed it. We were unable to have our out with very few differences, and The PRESIDING OFFICER (Mr. will expressed in a way that was not those are reasonable differences that SALAZAR). The Senator from Michigan. vetoed. Mr. LEVIN. Mr. President, while we Waiting until September is not an we sometimes can bridge and some- disagree on a very critical issue, I as answer, because there is no reason to times we have to vote on and let someone decide. Some of the questions are always look forward to working with believe that an effort in September will pretty close questions, whether to fund Senator MCCAIN to work out agree- not be filibustered. There is no reason that system or that program or not, ments so we can move this bill forward. why in September, the people who op- and good people can disagree regardless I am confident we will pass the author- pose the change in course, the Senators who oppose it, will not get up and say: of their political party. ization bill this year, the way we have I have been pleased to serve with every other year, for the reasons Sen- Well, let’s wait until October when Senator BILL NELSON on the Strategic there is another report which is due. ator MCCAIN gives, which are the criti- Subcommittee. I chaired that when the We cannot simply delay carrying out cally important provisions in here for Republicans were in the majority. He our responsibility. We cannot delay a the men and women in our military chairs it now that the Democrats are and their families. debate which is on the most critical in the majority. We have very few dif- The difference is apparently as to subject on the minds of the people of ferences. I respect his judgment. He is whether this is an appropriate place to America. Waiting for September, when committed to serving his country. debate Iraq policy. It is an authoriza- a general is going to give us a rec- We have produced a bill that I think, tion bill, which, it seems to me, is a ommendation, and the President is all in all, is a good piece of legislation very appropriate place to debate pol- going to give us a recommendation, is that will actually strengthen our De- icy; in fact, I think is the most appro- a delaying tactic on an issue which is partment of Defense, the ability of our priate place to debate a policy issue the single most important issue on the men and women in uniform to serve such as Iraq. minds of Americans today. There is no their country, and take better care of I have not wished this to be debated more appropriate place to debate this them. So that is a good thing. on an appropriations bill, because I issue than on the Defense authoriza- But now we get the bill on the floor, don’t think we ought to try to have a tion bill, because it is here where pol- and I guess that group I have been re- policy debate and decision when it in- icy issues can and should be debated; a ferring to in recent weeks as ‘‘masters volves the funding of our troops be- better place than on an appropriation of the universe’’—somebody up there, cause I think hopefully all of us want bill where the message which would be up high—decides that this is the time to fund our troops. This is an issue as sent to our troops has more to do with we are supposed to have fights, and we to whether we should change course in whether we are going to fund the are supposed to utilize this opportunity Iraq. This is a debate which is a troops than whether we should con- to push and push and push on various healthy debate, it is an essential de- tinue a policy in Iraq which, so far at different areas. bate. I look forward actually to work- least, is not working. Now, of course, it is legitimate to de- ing with Senator MCCAIN to see if we So I am going to continue to be the bate our commitment and strategy in cannot come up with time agreements optimist. I look forward to working Iraq at this time. But I think what on debates on Iraq—on these amend- with Senator MCCAIN. I think our lead- Senator MCCAIN is telling us is this, ments on Iraq. ers can continue to work together to that this bill fundamentally is a bill to There is going to be more than one try to work on time agreements for the deal with and strengthen our military, amendment. There are going to be a Iraq amendments. I hope and expect we that we just had debates in April and number of amendments and hopefully will adopt an authorization bill this May and great detail about our Iraq we can come up with time agreements year. policy, and we decided on that policy.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8922 CONGRESSIONAL RECORD — SENATE July 10, 2007 We all know that we will expect a re- them in Baghdad, so they have gone when he was there? He previously said port from General Petraeus in Sep- outside Baghdad to do bombings. What this was a difficult but not impossible tember. This is not the time to alter does that suggest? I would suggest that task he was taking on. He said: Sen- the policy we established about 2 would lead us to conclude the work in ator, you can count on it. months ago. I agree with Senator Iraq, in Baghdad itself, has already I asked Secretary Gates, the Sec- MCCAIN about that. We can talk about made progress. Indeed, if the capital retary of Defense, at a hearing: Sec- it. We can do those things. But is it the city of Iraq, the biggest city, cannot retary Gates, will you tell the Amer- right thing to jeopardize this bill over maintain order, it is difficult to see ican people if this military effort in other issues—over the issues relating how we can have a political settlement Iraq cannot succeed and we ought to do to Iraq? all of us wish to occur. something else? He said: Yes, sir, Sen- Let me say a couple of things. The General Petraeus has taken the case ator. I feel that is my responsibility as fundamental debate we are having here to the enemy. He is moving forward ag- Secretary of Defense. with regard to our Iraq policy, when gressively and making military I will say to you, my colleagues, let’s you boil it down to basics, is whether progress. The difficulty—and we all not flip-flop around here every week to reverse the policy we established in know it—is that the Government of with another amendment trying to set May. Iraq is not performing at the level it another strategy, written by a group of That was a decision by an 80-to-14 needs to perform. This is a matter we us sitting in air-conditioned offices, vote to fund the surge in Iraq, after are not able to deny. I know when I when we have some of the best military having voted on it in April. We had an- traveled to Iraq with Senator LEVIN— minds this Nation has ever produced, other vote back in May, and we funded and when I was there more recently with great depth of experience—by the this operation through the fiscal year, with Senator BEN NELSON of Ne- way, General Petraeus has his Ph.D. through September 30, if not longer—at braska—we raised the importance with from Princeton and was No. 1 in his least through September 30. And we af- the Iraqi people and the Iraqi leaders of class at the Command and General firmed and confirmed General Petraeus having a functioning government. Staff College. He is over there right as the commander of that surge by a Senator LEVIN has strongly believed now, and we have it set for him to 99-to-0 vote. He is a fabulous com- and consistently argued that one way come back and go through a very deep mander, and he received a bipartisan, to get them to perform is to threaten and serious evaluation of what has hap- unanimous vote in the Senate. That is to pull out our troops. I have come to pened, where we are, and where we what we decided, after great debate. believe their failure to perform cannot need to go in the future. Now, what I will say to my col- be altered by threats to pull out So it is all right. I know we are going leagues is this: A great nation has to troops. I wish it could be. I wish we to have people talk about strategy and conduct itself as such. We are not able could do it that way. But it is more dif- alteration in our policy. But I think, in to flip-flop around week after week and ficult than that. truth, it would be more responsible for change our minds every few weeks So they are struggling, and I do not us to pass this Defense authorization based on this or that event. If a serious know whether they can pull this Gov- bill, which will make the lives of our situation occurs, we can change our ernment together. I certainly hope so. military men and women far better, mind at any time. But great nations But I will tell you one thing. Progress will make our Defense Department are more akin to great battleships. is being made in a number of different more effective, and will give us a bet- They do not dart around similar to a areas militarily. This gives me some ter chance of being successful in Iraq. speedboat. They set their course and hope they can pull this Government to- We need to pass this bill. We will be have to justify it carefully before they gether. That is where we are at this coming back in September, no doubt, act. Once they act, they need to stay point. I do not see any other way to for a very serious debate on how we go that course, subject to any changes analyze it, honestly, to the American from here in Iraq. That is where we that occur. people. That is what I say to them as are, in my opinion. So what I would say is this: I am wor- best I can. I respectfully disagree with some who ried we are doing what some political I believe our military is performing see it otherwise, who think they have consultants would like to see Demo- magnificently. I believe the Govern- divine strategy—reading a few news- cratic leadership do and talk about the ment in Iraq continues to have serious paper articles, I guess, and talking to a war because they think that is politi- problems in effectuating the kind of few folks and going to Iraq once or cally beneficial. We ought to be talking stability and reconciliation they need twice; I have been there six times—and about those soldiers we have com- to effectuate so we can have a better trying to come back and formulate a mitted out there, placed in harm’s way, capability of reducing the troop levels policy. I do not think that is wise right who are, this very day, walking the we have in Iraq today. now. I urge our colleagues not to go in streets of Baghdad and Al Anbar Prov- Now, the way this deal went down— that direction. ince and Tikrit and Mosul, executing and we voted to send General Petraeus I will take one brief moment to say I the policies we voted 80 to 14, in May, there. We talk about making reports respect my colleague from Virginia, to send them to do. We voted 99 to 0 to back to us. I remember distinctly in Senator WEBB. I recognize the goals send General Petraeus. the Armed Services Committee, when and the desires reflected in that At that time, we made clear to him he was up for confirmation, I asked amendment—his belief that soldiers we expected a report in September. I General Petraeus did he believe we ought to have guaranteed time of de- think that is what we are about here, could be successful in Iraq. He said: ployments passed by statute by the and we ought to be about, that we Yes, sir, I do. General Petraeus had Congress of the United States. But I do would go forward—and always subject been there when the initial invasion not agree. I think this is a very signifi- to our constitutional responsibilities occurred. He commanded the 101st Air- cant amendment. I believe it is an to make any changes that are re- borne in Mosul. He came home for, I amendment that alters the traditional quired—but go forward to allow the think, less than a year and went back power of the President as Commander general to carry out the surge we told to take over the training of the Iraqi in Chief. I think it could put us in very him to carry out. military. He then came back, wrote the difficult circumstances in the future. This surge, let me say to my col- Department of Defense manual on how I urge my colleagues to remember leagues, has only reached its full ef- to defeat an insurgency operation—the the amendment is not limited to Iraq, fort—what?—2 weeks ago when the last very project he executes—and the it covers any military activities we get brigade reached Iraq. So we only President has asked him to go back to involved in, in the future, any war now reached full capacity of that surge a Iraq to execute a strategy to defeat the or series of wars we may find ourselves few weeks ago. insurgency that is going on in that in, in the future. War is very difficult, We know it is difficult now. They country at this time. indeed. said: Well, the bombings are occurring So I asked him, would he tell the I remember our former colleague, outside Baghdad now. Why is that? American people and the Congress Senator Strom Thurmond, I think at Well, it is a given that it is tougher for truthfully whatever the situation was age 40, volunteered to go in the Army.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8923 He had to make them take him. He was I rise today in support of an amend- American troops to stop refereeing a a sitting judge. He was not required to ment offered by my friend, Senator centuries old civil war and come home go. He was deployed to England. I do WEBB. As many colleagues here in this after a job well done. not know how long he had been in at body know, Senator WEBB is a highly The President has not come up with the time D–Day occurred. He volun- decorated marine and Vietnam vet- a plan to bring the troops home. In- teered to go in on a glider behind eran. I respect his judgment. I trust his stead, he jeopardized their funding, enemy lines in the nighttime at the counsel enormously on these issues. I their equipment, and their training by time of the D–Day landing to try to am proud to cosponsor his amendment vetoing legislation that would have protect the soldiers on the beach from as one part of a strategy to strengthen funded those vital needs and begun the counterattacks. our military and change course in Iraq. process of getting them home. The I remember asking Strom—former I also rise today to honor those who President uses our fighting men and chairman of the Armed Services Com- have served in Iraq, in honor of those women as pawns in this political game mittee, I will note—I asked: Strom, who have been hurt there, and in honor that is dividing our own people at well, how long did you stay in? Did you of those 3,600 who never came home. home. That is totally unacceptable. stay in until Germany surrendered? He Twenty brave men from my State paid President Bush’s intention is clear—to said: Yes, sir, we stayed in until Ger- the ultimate sacrifice in Iraq. They are leave our troops in the middle of this many surrendered—there to the day our friends, our neighbors, our broth- bloody civil war until he leaves office. they surrendered. He said: In fact, after ers, our sisters, our parents, and our That is why I am announcing I can no Germany surrendered, I was on a train children. longer give the President the benefit of heading across the United States to the The war in Iraq has dominated this the doubt that he will end the Iraq war. Pacific. They were going to send us to country’s dialog and conscience for 5 I am going to take a moment today Japan when they dropped the bomb on long years. It is now costing us more to share with my colleagues thoughts Japan. than $2.5 billion every week; some say on a possible three-point plan I hope I wish to say, I do not know what it is $3 billion. That is over $100,000 will bring the Iraq war closer to an General Eisenhower, General Marshall, every minute of every hour of every end, make our troops safer around the General MacArthur would think about day in Iraq. world, and refocus our efforts on those a policy that says, in a time of war, Like many of my colleagues in the terrorists who attacked this Nation on Congress is going to decide how long Senate, one of the most difficult things September 11. people are deployed. I do not think it is for me is the struggle in my heart. I First, we must support the Webb good policy for a lot of reasons. I would balance two seemingly contradictory amendment that protects the mental express my objection to the amend- ideas: I stand here today proud to sup- and physical health of our troops. We ment. I know it is well intentioned. port our men and women in service, all know a neighbor or a friend whose I say this: The military understands and I also stand here today proud to son or daughter has been deployed two, it. The military is determined to re- say that I adamantly oppose this war. three, or even four times with seem- duce deployment times in Iraq. Sec- I lie awake trying to think of ways to ingly no rest at home. That is why I retary Gates has made that clear. But give our troops the resources they need am cosponsoring this amendment with had he not been able to extend for 3 to do their jobs in Iraq but all the Senator WEBB. It deals with troop read- months those soldiers he extended, it while trying to figure out ways to iness. His amendment basically says would have required as much as five bring them home to their families, that if you are going to send a unit new brigades to be sent over there. friends, and communities. into war, make sure they are well Some of them would not have had their Let me be clear about this: The men trained, well rested, and ready for the full time at home that he wanted them and women fighting this war have my fight. It is very simple. It is common to have at home. He thought it was full and unconditional support as a sense. better to do it that way than the other Montanan, as an American, and as a More and longer deployments of way. I believe, under the cir- Senator. This country’s service men units with less time to rest and recu- cumstances, that was a correct deci- and women have performed their jobs perate between means we are going to sion. People could debate that, but I with honor and distinction in the most see more casualties in Iraq, more cases think he made the right decision there. difficult conditions imaginable. I have of post-traumatic stress disorder, and So it is better to do it that way. To supported them since the beginning, more suicides after they get home. Ac- pass a law, sitting here in air-condi- and I will continue to support them in cording to the Army’s own data, sol- tioned offices, that is going to direct the field and, just as importantly, after diers serving repeated deployments are how the military deploys its troops in they come home—something our Na- 50 percent more likely than those with times of war is something I think we tion has fallen behind on doing. only one tour to suffer from post-trau- should not do. For more than 2 years, I have been matic stress disorder. Let’s think twice I yield the floor. asking the President of this great before we let the President send a unit The PRESIDING OFFICER. The Sen- country to develop a plan to get us out to this war or any other of the world’s ator from Montana. of Iraq. I am disappointed to report hot spots without the proper training Mr. TESTER. Mr. President, I also that I no longer believe President Bush and time between deployments. The thank the members of the Armed Serv- will use any of his remaining 559 days strength and long-term health of our ices Committee, the Senators from in office to do so. Think of this. We Armed Forces is at stake. This war has Michigan and Arizona, for all the work were told in 2003 that we were invading taken its toll on our readiness. If we they have done on this Defense author- Iraq for the following 3 reasons: to find don’t start now to rebuild and fortify ization bill. and destroy weapons of mass destruc- our troops, we will not be able to effec- I hope the Members of the Senate tion, to topple Saddam Hussein’s re- tively go after the bad guys who con- would have an honest discussion and gime, and to give the Iraqi people a tinue to threaten our national secu- debate and vote on these amendments chance to establish their own govern- rity. We need to pass this Webb amend- and to uphold the 60-vote threshold on ment. While certainly no weapons of ment, period. It is the right thing to do something that is as important as this mass destruction were found, any infor our troops. Defense authorization bill, the many frastructure that may have been in Second, we must redouble our efforts amendments that are going to come be- place to create such weapons of mass in Afghanistan. Afghanistan threatens fore us today, I think, takes away from destruction has been destroyed. Sad- to slide back from the progress that the process, quite honestly. dam Hussein’s government has been was made there immediately following As far as the air-conditioning goes in dissolved, and an evil dictator has been the attacks of September 11. But the this body, I have advocated since I got captured and put to death. The Iraqi war in Afghanistan is rapidly and dan- here, if we shut the air-conditioning people have voted on several occasions gerously becoming a forgotten war, and down, we would probably be a little on their Government, their Constitu- our lack of effort there helps to explain more concise and gotten to the point a tion, and their future. I would say our the rise of al-Qaida in a nuclear and long time ago. work in Iraq is done. It is time for highly volatile Pakistan.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8924 CONGRESSIONAL RECORD — SENATE July 10, 2007 The link between the 9/11 attacks and ground in Iraq, but we do not need and made too many contributions and sac- the current war in Iraq does not exist, I will not support U.S. troops policing rifices to walk away now and see all we period. It never has. Reports confirm a civil war between the Sunnis and the have done go for naught. I will talk that our invasion of Iraq has created Shiite militias. I will not support our about going for naught later on. But more terrorists than it has eliminated. military personnel guarding bridges the point is that, yes, America has Yet the terrorist who plotted the most and disarming roadside bombs. It is in made contributions, large-dollar sums deadly attack on U.S. soil, Osama bin our national interest to fight al-Qaida of contributions. But families who have Laden, remains at large and ignored by but not this civil war. lost loved ones, who have had them this administration. The mission in Iraq has changed, and maimed, and their comrades-in-arms The recent news out of England and the American people realize it. It is know the sacrifices these men and Scotland is a grim reminder that the time the President did as well. In Feb- women have made. The one thing they threat of world terrorism is still very ruary of this year, I said the President implore us to do is not to see these sac- real. While we pour our resources into must tell the American people what rifices be made in vain. policing violence in Iraq, extremists success means and how it should be Well, we have seen a lot of negative are busy plotting ways to target us and quantified. If success means free elec- stories. The media has more than ade- our allies. It is that kind of terrorism, tions in Iraq, then we should have been quately covered those. So people are that kind of extremism we need to set gone 2 years ago. If success means top- concerned about what is going on in our sights on. We need to do it with the pling Saddam Hussein, then we should Iraq. We ought to be concerned. But we full might and vigilance of our mili- have been gone 3 years ago. If it means are not hearing the stories about what tary and other security forces, and we something else, then the President is positive, about the successes of this must do it while working to regain the must identify a clear and achievable new strategy, the Petraeus strategy. trust of so many allies who have be- outcome. At this point, that has not I was in Ramadi and Al Anbar 2 come wary of us under the President’s happened, and enough is enough. months ago and traveling elsewhere, leadership. Unlike Iraq, we must not For 2 years, as a Montana State Sen- and I found some amazing things. The ask the U.S. military to shoulder this ator, a candidate for the U.S. Senate, a new counterinsurgency strategy, with entire burden in Afghanistan by them- Senator-elect, and a U.S. Senator, I the cooperation of the Sunni sheiks selves. The United States can and have given the Commander in Chief the who are now working with our mili- should be leaders in the war against benefit of the doubt that he would tell tary, has really essentially driven al- terrorism, but we cannot go it alone. Congress and the American people how Qaida out of Ramadi, and they are We have an obligation to our troops to define success in Iraq and how he driving them out of the Al Anbar Prov- and our families to regain the diplo- meant to achieve it. He has not done ince. Make no mistake, when we heard matic footing we have lost and involve so. The President refuses to support ‘‘civil war, civil war,’’ the people over our allies in this effort. We have lost our troops by keeping them in the mid- there—the marines, the soldiers—know the focus on the war on terrorism and dle of a civil war with no end in sight. they are fighting for and looking for al- we must regain it. Finally, I am proud to announce my They fight every day in a war with no Qaida. Al-Qaida is the driving force support for the amendment authored plan and no definition of success, and, that is keeping it stirred up, and they most importantly, they are dying are on the mission to search and de- by Senator BYRD deauthorizing the 2002 use-of-force resolution. The resolution every day in a war the American people stroy al-Qaida. Al-Qaida is there big Congress passed in 2002 is tragically do not want to be fighting. We and our time. outdated. The mission in Iraq is not troops deserve better. They deserve the But we have been hearing lots of ar- the mission Congress authorized 5 truth. guments now in favor of—and they are years ago. The President needs to ask Since the President refuses to sup- heartfelt arguments and people believe Congress and the American people for port the troops by developing a plan to them—it is time for retreat; it is time approval to prosecute what seems to be bring them home, then we must and we to cut back; it is time to withdraw. a very different mission in Iraq. should and we will. But above all, we The cost of lives and treasure is too Proposed legislation to deauthorize must stand by our soldiers, sailors, ma- high. The war has not been properly the 2002 resolution would make a few rines, and airmen. We support them managed. The war cannot be won. things crystal clear. Our current mis- wholeheartedly while they fight and Over the last several weeks on break, sion in Iraq is over on October 11, 2007. support them for what they will endure when I was traveling, I had the oppor- Let me repeat that. The war in Iraq is after they get home from Iraq. It is on tunity to read ‘‘Team of Rivals’’ about over on October 11 of this year. After behalf of those troops and those who Abraham Lincoln and the conduct of that, the President would have to fought before them that I am cospon- the Civil War. Over a century and a make a new case for a new mission, one soring the Webb amendment. half ago, many of these same argu- that more accurately reflects what the Mr. President, I yield the floor. ments were offered abundantly as rea- U.S. troops are now doing in Iraq. If he The PRESIDING OFFICER. The Sen- sons for President Lincoln to accept cannot make that case to Congress and ator from Missouri is recognized. defeat of the Civil War, and they are the American people, then our troops Mr. BOND. Mr. President, I appre- now being made for President Bush to need to come home. ciate the chance to talk about the accept defeat in Iraq. As noted in histo- Now, we understand al-Qaida is going amendment before us and some of the rian Shelby Foote’s ‘‘The Civil War: A to try to exploit the situation in Iraq other amendments. These amendments Narrative,’’ Members of Congress play- for their own purposes, and there are generally are intended to change our ing general urged the troops to aban- measures we can take to deal with military policies, our presence in Iraq, don the cause. That great Ohio Rep- that. We must not let Iraqi al-Qaida and essentially to begin, one way or resentative Clement Vallandigham, units get a foothold in the country, es- the other, a politically staged with- leader of the Copperhead Democrats, pecially in the western part of Iraq. So drawal from Iraq. We are talking about campaigned for office by calling upon I would support a no-fly zone in Iraq, how we are concerned about and sup- soldiers to desert. He declared the which would ensure that the United port the troops. Do you know what I South was invincible. States and our allies can keep recon- hear from the troops? I have been As noted in passages in ‘‘The Civil naissance eyes on efforts to restart ter- there, I have talked to them, and I War,’’ in late 1862, ‘‘Senate Republicans rorist training camps there. To fight have heard from them at home. The caucused and, with only a single dis- the growing number of terrorist camps, one thing they say is: We are over here senting vote, demanded that Lincoln we will need warships in the area and risking our lives. We are fighting a dismiss Secretary of State Seward’’ be- aircraft that can reach those al-Qaida mission which we believe is succeeding. cause they thought he was responsible targets. We must not hesitate to strike We are making progress. The last thing for the conduct of the war. against al-Qaida. The safety of this we want is Congress to declare a mili- Republican Leader Thurlow Weed ob- country and the world depends on that. tary end or take over the management served that ‘‘the people are wild for We need to continue to improve our of the war from our commanders. Time peace. . . . Lincoln’s election is an im- ability to gather intelligence on the after time, they have told me: We have possibility.’’ They were after him in

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8925 full force. I don’t need to elaborate on That is what will happen if we with- sult of our abandoning them before the enormity of the Civil War, and I draw. Most of us concede there was they were able to stand on their own. don’t need to explain what would have poor management and costly mistakes What did we say to the hundreds of happened had Lincoln relented to those were made in the post-invasion phase thousands of South Vietnamese or mil- politically popular sentiments at the in Iraq. But they are not compelling lions of Cambodians who trusted Amer- time. reasons for why we should retreat and, ica and were slaughtered after Con- Lincoln chose to fight a bloody and like all mistakes, we should learn from gress dictated that we abandon them? unpopular war because he believed the them and not go back and commit History has taught us when Amer- enemy had to be defeated. Despite them again by drawing down forces to ican abandons its commitment to being reviled for staying the course, the point where we don’t have adequate spreading liberty and freedom, we are President Lincoln did stay the course. troops to work with the Iraqi security not the only ones who suffer. Rest as- Unfortunately, too many of my col- forces. sured, it will come back to harm us in leagues today don’t seem to be willing Washington Post columnist Michael our own homeland. to see this one through. Here we are Gerson recently pointed out that those Just as our intelligence community again, barely weeks into the full imple- who are calling for retreat are not has warned and terrorist leaders have mentation of General Petraeus’s surge, learning from previous mistakes but stated, Iraq will become a base and safe and the naysayers continue to argue repeating them. Gerson writes: haven from which to plan and launch for defeat. It was only a few months History seems to be settling on some criti- future attacks. ago this body had been calling for and cisms of the early conduct of the Iraq war. Let me be clear, the enemy in Iraq looking for a new strategy, which I be- On the theory that America could liberate consists of murderous, barbaric terror- lieved we must have, which changed and leave . . . force levels were reduced too ists. They are not ‘‘insurgents’’ or the unsuccessful strategy we had, early . . . security responsibilities were ‘‘jihadists.’’ Let’s get terms straight which argued for the Baker-Hamilton transferred to Iraqis before they were ready, because we fall into the trap of taking and planning for future challenges was unre- their terms. Jihad in the Muslim reli- report, which said in essence you have alistic. to have a new strategy, you cannot pre- And now Democrats running for President gion is the individual journey to moral cipitously withdraw. We came forward have thought deeply and produced their own improvement. It has been misrepre- and General Petraeus drafted a coun- Iraq policy: They want to cut force levels too sented to be a philosophy that permits terinsurgency strategy. That is what early and transfer responsibility to Iraqis be- encouraging the killing of innocents, he told us he was going to do, sup- fore they are ready, and they offer no plan to the slaughter of fellow Muslims, the ported by the surge. Now people want deal with the chaos that would result six slaughter of women and children. The to pull the rug out from under him. He months down the road. In essential outline, real Arabic term for that is hirabah. they have chosen to duplicate the early mis- said at least give him until September takes of an administration they hold in con- The people who commit it are not in- to see if this new counterinsurgency tempt. surgents or jihadists, but mufsidoon. These people are condemned to live strategy works. I agree with Gerson, we should not They are bringing in American sol- with Satan because they have com- make those mistakes. We must fulfill diers and marines to go in with Iraqi mitted blasphemy. These are the peo- the mission that over 3,600 brave men security forces, Iraqi Army, Iraqi po- ple we are fighting. It is not a civil and women have made the ultimate lice, embedded with them in command war. They are the people who violate sacrifice for. centers, barracks; they stay there, live the tenets of Islam. They try to hijack To quote a Missouri guardsman, COL among the people they are protecting, it, try to claim the Islamic banner; but Bob Leeker, who just returned from and they have cleaned out the areas. they are not practicing the religion of commanding the 507th Air Expedi- They have cleaned out Ramadi. Two the Prophet Mohammed. tionary Group in Iraq: months ago, four Members of Congress Well, there is another reason these walked through downtown Ramadi, I only hope that the American people will people want to sanitize the description give us the time. The American people must which had been an al-Qaida command understand that this is not only about Iraq, we use of them. Calling them insur- center. Al-Qaida has been driven out, it is a fight against Muslim fanaticism, Mus- gents implies they have the support of but naysayers continue to argue for de- lim extremists. If we pull out in the near the local population. But the local pop- feat. term, or at the wrong time, there will be an ulation is being victimized, killed, Now, there may be some short-term incredible amount of blood running through- evicted from their homes, or beheaded political benefits for those calling for out Iraq, and the blood and sweat that I and by the so-called insurgents. That is withdrawal. There is popular sentiment my brethren in arms have already given will why the Sunni sheikhs in al-Anbar are for it. Some people honestly believe be for nought. working with us. They have lived under that. But let me quote 1LT Pete These are compelling words. They al-Qaida. They want an end to the ter- Hegseth, an Iraq war veteran and direc- ought not to be taken lightly. Not only ror. That is why they are helping us to tor of Vets for Freedom: is the security and safety of our Nation identify who they are, where the weap- Iraq today is the front line of global jihad and allies at stake, but so too is our ons caches are, and where the IEDs are being waged against America and its allies. credibility. hidden. They are sending in young Both Osama bin Laden and Ayman al- Critics frequently claim the war has Sunnis to sign up. They want to be free Zawahiri have said so. damaged the United States image and of the terrorists. He is correct. Our intelligence serv- credibility throughout the world. Yet Precipitous withdrawal would be a ices said so. They warned us in January these same critics ignore what irrep- rallying cry for terrorists and al-Qaida in an open intelligence hearing that if arable harm would be done were we to around the world. It would invite fur- we withdrew on a political timetable leave this mission unfilled. If you ther aggression and attacks from the and took our troops out without mak- think our mission has made our image barbarians. It would be a total loss of ing sure that the Iraqi security forces and reputation plummet, wait and freedom, liberty, and peace, and would were adequate, there would be chaos. watch it nosedive after we leave Iraq be a victory for totalitarianism, ter- There would be chaos and greatly in- before finishing the job. Think about rorism, and treachery. creased killings among Sunni and Shia. the millions of Iraqi citizens and lead- In a recent book by J. Michael Al-Qaida would be able to establish a ers who have taken a stand against ter- Waller, a scholar at the Institute of safe haven in which to launch recruit- rorism, who have committed to work World Politics, he defined terrorism as: ment, training, command and control, with us, to rebuild their country, to A form of political and psychological war- and weapons of mass destruction devel- fight against the forces of radical fare; it is protracted, high intensity propa- opment. The violence and chaos in Iraq Islamists and terrorists. What are we ganda aimed more at the hearts of the public would likely bring in coreligionists to say to the millions of Iraqis who and the minds of decisionmakers and not at from other countries of the region as trusted Americans and believed we the physical victims. they went in to protect their fellow re- would stay until the mission was com- By Waller’s definition and what I ligionists. We could have a regionwide pleted? We would, regrettably, see have heard from some people in this civil war, Shia versus Sunni. them slaughtered by terrorists as a re- body and the media, the terrorists are

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Without objection, it is so One, we need to give the plan that is inspire al-Qaida and the murderous ter- ordered. being executed by General Petraeus rorists attempting to ignite sectarian Mr. KYL. Madam President, I thank time to succeed. We are already seeing strife. the chairman of the committee, the signs of progress in the early stages of Now is not the time to pull out when Senator from Michigan, for his cour- the surge, and we need to await his re- we are seeing encouraging signs in tesy. I rise today to discuss the pend- port in September before making judg- places where the surge has been imple- ing business, the National Defense Au- ments about what to do next. mented. Al-Anbar Province shows tre- thorization Act for 2008. There was a Second, advocates of withdrawal need mendous signs of progress. Even the lot of work done on this important leg- to confront the likely consequences of New York Times’ Michael Gordon re- islation. I wish to discuss five key their proposed policies, none of which, ported last Friday how young Amer- areas of the bill—Iraq, our nuclear de- in my opinion, are good. ican soldiers are executing General terrent, missile defense, space threats, To the first point, the last of the five Petraeus’s new strategy on the ground, and our approach to the war against combat brigades of the surge just be- and how they are fighting and defeat- terrorists. came operational a couple weeks ago, ing al-Qaida. This bill has fundamental flaws and June 15. According to the U.S. military Here is a quote from Frederick must be improved, not only so it can spokesman, LTC Chris Garver, Kagan, a resident scholar at AEI: pass this body, but so it can be signed This is the first time we’ll be able to do the Al-Qaida’s operations in Baghdad—its by the President and not be vetoed. Re- entire strategy as it was designed. bombings, kidnappings, resupply activities, member, this bill does not need to be- So it would be premature, to say the movement of foreign fighters, and financ- come law, and failure to improve some least, to judge the effect of the surge at ing—depend on its ability to move people critical areas of the bill will ensure and goods around the rural outskirts of the this point and make important stra- that it doesn’t. To that end, it is im- tegic decisions based on that judgment. capital as well as in the city. Petraeus and portant that the Senate have sufficient Odierno, therefore, are conducting simulta- We are already beginning to see Iraqi neous operations in many places in the time to debate the bill. We have al- forces assuming more responsibility Baghdad belt: Fallujah and Baquba, ready seen a record number of cloture over their security, coalition forces re- Mahmudiya, Arab Jabour, Salman Pak, the motions filed this year, by my count ceiving more cooperation from Iraqi ci- southern shores of Lake Tharthar, Karma, over 40. And, as I understand it, an- vilians, and humanitarian and eco- Tarmiya, and so on. By attacking all of other has recently been filed dealing nomic conditions improving. these bases at once, coalition forces will with the so-called Webb amendment. gravely complicate the enemy’s movement The second point. Advocates of with- This is probably not a good way to con- drawal have the duty to tell the Amer- from place to place, as well as his ability to sider a bill as significant as the De- establish new bases and safe havens. At the ican people how they propose to grap- same time, U.S. and Iraqi forces have al- fense authorization bill. ple with the consequences of their ready disrupted al-Qaida’s major bases and Let me, first of all, address the sub- withdrawal. What will you do about are working to prevent the enemy from tak- ject of Iraq, the central front in the the likely ethnic cleansing and geno- ing refuge in the city. U.S. forces are also ag- global war against terrorists. Many cide against Iraqi citizens who sup- gressively targeting Shia death squad lead- Senators will spend a significant ported coalition forces? GEN Anthony ers and helping Iraqi forces operating amount of time focusing on Iraq policy, Zinni said: against the Shia militias. and I welcome the opportunity to do Why has this Senate chosen to debate that. Iraq, after all, is the central front This is no Vietnam or Somalia or those places where you can walk away. If we just timelines, restrictions, and retreat de- in the global war against the terror- pull out, we’ll find ourselves back in short spite encouraging signs that the surge ists. This is what Osama bin Laden order. is working, despite the fact that this says. This is not my own definition. What would the proponents of these new strategy has only been in place Our success there is not only impor- amendments do when Iraq and al-Qaida fully for barely a month, and despite tant to the people of Iraq, but it is crit- are emboldened by our retreat, and ter- the fact that those who want to with- ical to the national security of the rorists enjoy a new safe haven from draw and retreat have failed to offer United States. which to plot attacks against the I mentioned Osama bin Laden. He any constructive alternatives on how United States and our allies? once referred to Iraq as the capital of they would deal with a chaos that Terrorism expert Peter Bergen said the caliphate. That is the area he would ensue from their retreat? It is a this: huge disappointment that this debate would like to establish over which he would rule, and Baghdad would actu- [A U.S. withdrawal] . . . would fit all too is not about how we can achieve vic- neatly into Osama bin Laden’s master nar- tory, but how quickly can we cede de- ally be the center part of that new rative about American foreign policy. His feat. area. He has argued that ‘‘the most se- theme is that America is a paper tiger that This has become a political debate rious issue today for the whole world is cannot tolerate body bags coming home; to and the focus of our national security this third world war that is raging in back it up, he cites President Ronald Rea- has been sidetracked. We should not Iraq.’’ gan’s 1984 withdrawal of United States troops pass legislation that provides our Let there be no doubt that al-Qaida from Lebanon and President Bill Clinton’s enemy a clear path to victory—a vic- and Osama bin Laden are very much decision nearly a decade later to pull troops tory which, sadly, many in this body present in Iraq and very intent on de- from Somalia. A unilateral pullout from Iraq would only confirm this analysis of Amer- are ready to award al-Qaida, without feating the United States there. The ican weakness among his jihadist allies. ever having given the surge a fighting junior Senator from Virginia has of- What would proponents of amend- chance. The surge is indeed the best fered an amendment that will codify ments do if violence in Iraq escalates hope we have for establishing safety what the Pentagon, according to the and draws in neighboring countries? and stability in the area, which will service chiefs and Secretary of Defense, Here is what a recent Brookings Insti- allow the Iraqi security forces to take is already attempting to do with so- tution study said about that point: over and give the Iraqi Government the called dwell time. That policy is for space to develop a workable govern- the Commander in Chief to determine, Iraq appears to have many of the condi- ment that can rule their country. not the Congress. tions most conducive to spillover because Other Senators will offer other there is a high degree of foreign ‘‘interest’’ I thank the Chair and yield the floor. in Iraq. Ethnic, tribal, and religious groups The PRESIDING OFFICER. The Sen- amendments relating to Iraq. Among within Iraq are equally prevalent in neigh- ator from Arizona is recognized. them are amendments to withdraw our boring countries and they share many of the Mr. LEVIN. Will the Senator yield troops or make it harder for the admin- same grievances. Iraq has a history of vio- for a unanimous consent request? istration to prosecute the war. I look lence with its neighbors, which has fostered

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These What is more, the bill significantly this suggests that spillover from an Iraqi are responsible for refurbishing de- cuts funding for the construction of a civil war would tend toward the most dan- ployed bombs and warheads, storing European missile defense site, which gerous end of the spillover spectrum. older ones, and dismantling those no will allow better defense against the What would the proponents of these longer needed. This, obviously, further Iranian threat, improved coverage of amendments say to America’s mod- erodes the reliability of our current the United States, and extension of our erate allies in the Muslim world, in- stockpile. missile defense system to provide cov- cluding Egypt, Saudi Arabia, and Paki- What signal does this send not only erage for Europe. This while we are in stan, who would justifiably question to our enemies but to our allies, allies the middle of negotiations with Poland our commitment to them and to the who for over 60 years have relied on the and the Czech Republic, while the Rus- long war in which we find ourselves? umbrella of protection of our nuclear sians threaten a new arms race, and And how would the proponents con- deterrent? while Iran tests the West’s resolve. vince them not to begin hedging their I mentioned the Comprehensive Test- The subject of space threats. One of bets and cooperate less with the United Ban Treaty. Perhaps the most—it is the most significant failures of this bill States, thus further enabling and hard to find the right word—shall I say is it does nothing to defend the eyes emboldening the terrorists? irregular part of the bill is the lan- and ears of this country’s political, cul- Do the proponents of these amend- guage that would attempt to short-cir- tural, diplomatic, economic, and mili- ments believe withdrawing our forces cuit what is this body’s most serious tary might. Since the Chinese antisat- will end our war against the terrorists? responsibility: the role of the Senate in ellite, or ASAT, test earlier this year, Do they believe they would not simply treaty ratification. very little has been done to defend our follow us home and attack us on our Tucked away near the end of this global constellations. own soil? bill, very much in the fine print, is an Modest requests from the administra- The Petraeus plan may not offer an unprecedented attempt to preordain tion to provide defensive capabilities, easy way forward, but it is the only the ratification of a treaty—a treaty such as the space test bed, for which plan I have heard that does not prom- already overwhelmingly rejected by only $10 million was requested, have ise defeat. But as I said, we will have this body—the CTBT. Unlike the very been zeroed out by both the House and our debates on Iraq policy, as we reasoned rejection of the CTBT 8 years Senate Armed Services Committee. should. There are other debates about What is more, the bill inflicts signifi- ago following extensive debate after this bill that we should also have. cant cuts, some $55 million, to the committee hearings, consideration of I respect the work that many have space tracking and surveillance sys- intelligence, and the like, this lan- done on the bill, but an outside ob- tem, the next generation constellation guage in the bill presumes to state that server, I suggest, might wonder exactly of satellites that will allow improved how this bill is going to make us safer. the will of the Congress, without the tracking and targeting of ASAT weap- It is supposed to set the national de- benefit of a single hearing or single ons and midcourse ballistic missile. fense policies for the United States, committee action of this body, let Other space programs, for example, but it is not enough to simply provide alone reference to intelligence and de- space situational awareness, received funding authorizations. Leaving bate in the full Senate, is to ratify the increases above the administration’s threats undefended against will not be treaty. request. And I applaud the committee excused simply because we have spent The solemn responsibility of this for this, but I remind the Senate that more money than last year. In fact, body to consider treaties cannot be so this program only allows us to see a some of the biggest flaws in the bill are cavalierly disregarded. How can Sen- threat approaching our satellite con- policy changes, not just funding ators who were not even in the Senate stellation. It does nothing to enable us changes. in 1999 be expected to evaluate the to defend against the threat. Have we Let me discuss what some of these CTBT without the kind of serious con- learned nothing from recent experi- flaws are. Our nuclear deterrent, the sideration that occurred in 1999? This ence? reliable replacement warhead, our nu- sense of the Senate should be called Our enemies have proven they know clear weapons complex, the language just what it is—a sham. The whole sec- better than to engage our armies and regarding stockpile stewardship and tion of the bill reads as a throwback to navies directly. They have observed nuclear weapons complex, and, finally, the days of the nuclear freeze. our weaknesses and seek to exploit a recommendation regarding the Com- Apart from the hortatory verbiage in them through asymmetrical attacks. prehensive Test-Ban Treaty. First, to section 3122, it is clear the bill leaves Blind us, and the best navy in the the reliable replacement warhead. us without the resources needed to de- world can’t repel an attack. I am deeply troubled by what appears velop a smaller and safer next genera- Who can dispute the fact that the to be a strategy of slow, inconspicuous tion nuclear stockpile and without re- $504 billion that we authorize for the disarmament of our strategic deterrent sources needed to maintain our current Department of Defense in this bill in this bill and the other authorization stockpile. would be virtually meaningless if we and spending bills of the new majority In a fundamental contradiction, the can’t defend our satellite systems from in the Senate. cuts in the nuclear programs will actu- attack? Our satellite system is the The administration’s request for de- ally increase the likelihood of needing backbone of our entire national development of the first reliable replace- to return to testing, the very option fense. ment warhead programs was com- that would be permanently denied Finally, let me conclude by talking pletely eliminated by the House in its through the ratification of the CTBT. about what this bill does with respect appropriations bill, a fate that thank- Next, let me turn to missile defense. to the terrorists with whom we are en- fully was avoided in the Senate sub- I am very troubled by what this bill gaged in a life-and-death struggle. committee markup. Yet there is a clear does to undermine the substantial The bill basically would return us to signal sent by this bill which cut the progress made in protecting this coun- pre-9/11 days, to the law enforcement administration’s request by $43 million try from ballistic missile threats. approach to terrorists. out of a total of $195 million, and which During the North Korean July 4 dem- We should think very carefully about handcuffs the administration from onstration a year ago, which included the damage that would be wrought in a moving beyond all but the earliest firing the Taepodong 2 missile with the global war against these terrorists if phases of development of the warhead. capability to reach as far as Alaska, we have to fight it by using the ill-con- This leaves the U.S. nuclear deterrent the President of the United States had ceived proposals in this bill. One would absolutely reliant on weapons designed an operational defense missile system require us to give trials to every de- and built in the 1980s. on alert for the first time in history. tainee we are holding in combat in

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Senator LEVIN, and his ranking mem- The third issue, or theme, is the Have the authors of these provisions ber, Senator WARNER, for their efforts threat from the proliferation of weap- thought about where we will get the and particularly the staff and all the ons of mass destruction and the need to military lawyers needed to implement work they have done which has con- improve U.S. efforts to reduce this pro- their criminal law ACLU approach to tributed to this product today. It was liferation risk. We held an excellent warfare? There are barely enough of reported favorably to the floor of the hearing with the former Senator Sam them to provide legal services to our Senate by a unanimous vote of the Nunn and Senator RICHARD LUGAR, as own troops. Have they thought about committee, which shows its bipartisan well as witnesses from the Department what our intelligence community will support. of Defense and the Department of En- say to the foreign allied intelligence As a member of the Armed Services ergy, on these nonproliferation pro- agencies, many of which are already Committee, I have had the privilege of grams, and I think we all must recog- concerned about sharing their sources serving as the chairman of the Emerg- nize the debt we collectively owe, not and methods of intelligence with us; ing Threats and Capabilities Sub- only ourselves but the Nation, to both and who may very well completely committee, and I would like to share Senators Nunn and Senator LUGAR for cease sharing important intelligence with my colleagues the highlights of their path-breaking work on limiting information, knowing it will be shared our bill that originated in the Emerg- nuclear proliferation and we commend with captured terrorist combatants? ing Threats and Capabilities Sub- and thank them for that. Given the po- We know that more than 30 detainees committee. tentially catastrophic damage that have been released from our custody Before I describe those highlights, I could result from such proliferation, and have returned to waging war also wish to commend and thank Sen- we must always look for ways to against the United States and its al- ator DOLE, the ranking member of my strengthen and improve our non- lies. What will the release of poten- committee. It was a partnership and a proliferation programs. The final and related theme and issue tially thousands of detainees do to our pleasure to work together with her. that we discussed is the threat of a ter- national security? She certainly gave valuable service, rorist incident within the United The Senate must give very careful along with her staff, and I appreciate States involving a chemical, biological, consideration to this dangerous return very much her personal contribution radiological, nuclear or high-yield ex- to the pre-9/11 notion of terrorism as a and her leadership on this issue. plosive device, which is known by the law enforcement problem. Terrorists I would also like to thank staff for acronym CBRNE, a CBRNE device. The have made no secret they are at war their great contribution and their great effort. challenge is to be prepared to manage against our civilization. We ignore the consequences of such a domestic their warnings at our peril, and we will By way of background, the Emerging Threats and Capabilities Sub- CBRNE incident and for the Defense not prevail if we must deal with them Department to have the right capabili- as criminal defendants in American committee, also known as the ETC subcommittee, is responsible for looking ties, plans, and equipment to provide courts. support to the civil authorities, if re- Madam President, I conclude by ask- at new and emerging threats and considering appropriate steps we should quested. ing my colleagues to carefully consider I will address the committee’s action take to improve our capabilities to en- the impact these several policies I have on these issues as I describe the high- hance our security in the light of these highlighted will have on our national lights of the Emerging Threats and Ca- new emerging threats. Two of our com- security. Our first obligation is to pro- pabilities Subcommittee’s portion of vide for the common defense. Unfortu- mittee markup objectives, in preparing the bill being considered by the Senate nately, as it is presently written, this the bill, were to improve the ability of today. Let me start with the area of bill falls well short of that solemn the Armed Forces to meet nontradi- science and technology. duty, and it could get worse if some of tional threats, including terrorism and The bill authorizes increased invest- the amendments proposed are adopted. weapons of mass destruction; second, ment in science and technology pro- I urge my colleagues to take very seri- to promote the transformation of the grams by over $450 million. These pro- ously our obligation to provide for the Armed Forces to meet the threats of grams perform cutting-edge research common defense. It begins by confining the 21st century. that is developing the capabilities that the policies in this bill to the tradi- In a nutshell, that is what the ETC will ensure the effectiveness of our tional areas of defense preparedness. I subcommittee should be all about, and Armed Forces in the future, while hope we will be disciplined enough to I hope this legislation represents the strengthening the Nation’s high-tech- do so. sum of all our efforts in that regard. nology innovation sector. The PRESIDING OFFICER. The Sen- This year, there are a number of These additional S&T investments, ator from Michigan. issues, or themes, that the ETC sub- which reflect military value and tech- Mr. LEVIN. Madam President, I will committee’s portion of the bill address- nical merit, are intended to enhance suggest the absence of a quorum for a es based on the emerging threats or Defense Department activities in a brief minute. Senator JACK REED is challenges facing the United States number of areas—advanced and alter- scheduled to be next, and he is within, and on capabilities we need to address nate energy technologies; new manu- I think, 30 seconds of getting here. He these challenges. The first thing is the facturing capabilities; advanced med- delayed, as a courtesy to Senator KYL, Defense Department’s need for im- ical technologies aimed at improving and so I will put in that quorum call proved and alternate sources of energy. the care of combat casualties; and infor a minute so he can get here. The Department is a massive consumer creased funding for defense-related uni- The PRESIDING OFFICER. The of energy, including for its military ve- versity research that will provide the clerk will call the roll. hicles and platforms, and advanced foundation for future military capa- The assistant legislative clerk pro- technology may offer improved effec- bility and, in fact, will probably con- ceeded to call the roll. tiveness at a reduced cost for our mili- tribute to our overall economy. Mr. REED. Madam President, I ask tary in the area of energy conservation The Armed Services Committee bill unanimous consent that the order for and energy demands. authorizes investments of nearly $75 the quorum call be rescinded. The second area relates to the lan- million for advanced energy tech- The PRESIDING OFFICER. Without guage of cultural challenges facing our nologies, including programs to de- objection, it is so ordered. military forces operating overseas. We velop fuel cells, hybrid engines, build Mr. REED. Madam President, today I held a very fine hearing on this sub- hydrogen infrastructure such as fueling wish to speak on the Senate Armed ject, and there is clearly a need to im- stations at military bases, and explore Services Committee bill being consid- prove the language and cultural aware- the use of biofuels for military sys- ered by the Senate, S. 1547, the Na- ness capabilities of the military and to tems.

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The National Nu- The sooner we destroy the stockpile, The bill includes a provision spon- clear Security Agency Program has a the sooner we will remove the risks to sored by Senator PRYOR that would en- number of challenges with respect to the communities around the stockpile hance the Department’s nanotechnol- the proliferation of nuclear weapons, sites throughout the United States. ogy research program to reflect the materials, and technology, and much Let me turn also to the area of spe- maturation of nanotechnology in in- more needs to be done. The North cial operations forces, and in particular dustry and in universities. It would Korea nuclear tests last October high- language issues. The bill contains addi- push the Department to have a greater lighted an area where we need a lot of tional funding for the Special Oper- emphasis on issues such as additional work. That is the area of nu- ations Command, SOCOM, to meet crit- nanomanufacturing, moving nanotech- clear forensics and attribution. The bill ical language and cultural awareness nology into major defense systems, and authorizes additional funding to de- training requirements, and for various monitoring international capabilities velop new technology to detect and SOCOM technology and training pro- in nanotechnology. identify the sources of nuclear mate- grams. All told, the bill authorizes Following a recommendation of the rial and to support the Department of more than $20 million additional fund- Defense Science Board, the bill would Energy’s Office of Intelligence efforts ing to improve the foreign language require the Defense Department to to develop a nuclear material forensic and cultural awareness capabilities of produce a strategic plan for the devel- library. our military forces. opment of manufacturing technologies. The real challenge we have that faces The bill also contains a provision cre- Advanced manufacturing processes are us, an existential challenge, is the ating a National Foreign Language Co- the key to ensuring that our defense threat that someday a terrorist—not a ordination Council, an initiative pro- industrial base can respond to the nation state but a terrorist—might posed by Senator AKAKA of Hawaii, and surge of production needs of our de- detonate a nuclear device in the United I thank him for this contribution. This ployed forces for items such as body States or in an allied country. They council will ensure that the initial armor, vehicle armor, and jamming de- would get that material from some na- steps that the administration has vices that are being used to defeat Im- tional source. If we can effectively taken will develop into an organized provised Explosive Devices. Manufac- trace materials, and we know and we and concerted effort to improve the Na- turing is also one of the keys to our can identify where such materials tion’s foreign language capabilities. overall global competitiveness. come from, that goes a long way in S. 1547 includes, in addition, a provi- I am pleased to note the committee helping remove the incentives for any sion that would require the Govern- bill authorizes nearly $85 million in ad- nation state to provide these types of ment Accountability Office to review ditional funds for the development of materials to terrorists. I think this is the ongoing reorganization of the Of- advanced manufacturing technologies important research, and I am particu- fice of the Under Secretary of Defense to support critical defense production larly pleased that we have incorporated for Policy. The committee has ex- capabilities. this language in the legislation. pressed strong reservations about this In relation to the threat from pro- In the area of homeland defense there reorganization, especially as it per- liferation of weapons of mass destruc- is a concern about the enormous chal- tains to the Office of the Assistant Sec- tion, the bill authorizes additional lenge of dealing with the chemical, bio- retary of Defense for Special Oper- funding for important nonproliferation logical, radiological, nuclear, or high- ations and Low-Intensity Conflict. The programs at the Department of Defense yield explosives, the CBRNE incident study would examine some of the spe- and the Department of Energy. This in the United States. Such an incident cific committee concerns. additional funding includes $100 mil- could quickly overwhelm local and The bill also authorizes an additional lion for the Cooperative Threat Reduc- State emergency response capabilities. $124 million to cover unfunded require- tion—CTR—Program and $87 million The bill contains a provision requiring ments of the Special Operations Com- for nonproliferation programs of the an advisory panel to address the capa- mand to procure Mine Resistant Am- National Nuclear Security Administra- bilities of the Department of Defense bush Protected, or MRAP, vehicles. tion. to provide support for civil authorities This is part of a committee-wide $4 bil- The bill also authorizes $50 million to for consequence management of a do- lion increase to ensure that U.S. mili- support the International Atomic En- mestic CBRNE incident. The panel tary personnel in Iraq receive the best ergy Agency proposal for an inter- would report to Congress with any protection available against impro- national nuclear fuel bank. This prom- findings and any particular rec- vised explosive devices, the primary ising idea, if successfully implemented, ommendations. cause of injury and death to our per- could remove the incentive for coun- I thank particularly Senator DOLE sonnel. tries, such as Iran, to develop indige- and her staff for leading the way on I might add, I just returned yester- nous uranium enrichment programs for this issue. day from Iraq. One of the points that nuclear power reactor fuel. This would In the area of chemical and biologi- was raised by Major General Mixon, address the loophole in the Nuclear cal matters, the bill adds nearly $70 Commander of the 25th Division, was Nonproliferation Treaty that allows million for the Defense Department’s the need for these MRAP vehicles. I uranium enrichment for civilian power chemical and biological defense pro- communicated that directly to the purposes to serve as a cover for ura- gram, including procurement of chem- Secretary of Defense. I must commend nium enrichment for weapons purposes. ical agent detectives and monitors for Secretary Gates for his aggressive lead- In addition, S. 1547 includes a provi- the Army National Guard. These sys- ership to ensure that these MRAP vehi- sion that would finally repeal all the tems can be used for overseas deploy- cles are being produced and being sent precertifications for the CTR Program. ments or for domestic consequence overseas to our forces, particularly our These conditions delay the program an- management initiatives. forces in Iraq. His leadership on this nually, waste program funds, and have The bill also authorizes the restora- point is very much appreciated. long outlived any usefulness. Senator tion of $36 million for the chemical de- Finally, in the area of counterterror- LUGAR has worked for several years militarization program and includes a ism and counterdrug policy, the com- now to remove these restrictions, and I sense-of-Congress resolution that the mittee took a number of actions. On am pleased we have been able to in- United States should do everything counterterrorism, the committee au- clude this provision in the bill. practicable to meet our chemical weap- thorized the Department of Defense to The additional funding for CTR ons destruction obligations under the provide increased rewards for assist- would allow the program to accelerate Chemical Weapons Convention deadline ance in counterterrorist operations. and expand work into some biological of April 2012, or as soon as possible This is intended to provide additional

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But Although the deployment for our spe- and equip’’ program to build the capac- they are not going in with the same cial operations forces are classified, it ity of partner nations to conduct coun- level of personnel, equipment, and in is known that the average weekly de- terterrorism operations and to operate many cases training that we expected ployment for special operations forces with U.S. forces in military or stability of them just a few short years ago. was 61 percent higher in 2005 than in operations. The committee has author- This is as a result, a direct con- 2000. Every aspect of our Active Force ized funding for this program, also sequence of the strategy being pursued and many of our Reserve components known as section 1206, at the level au- by the President in Afghanistan and are being stressed with extraordinary thorized last year for fiscal years 2007 Iraq and the size limitations on our contributions to the operations today and 2008. Congress has given the De- military forces. that are worldwide. fense Department this authority as a Such a sustained operational demand This strain extends to our National pilot program to the end of this fiscal has had a significant effect on our Guard and Reserve. More than 417,000 year, at which time Congress can ground forces’ ability to train, deploy, National Guard and Reserve, or about evaluate the program’s effectiveness. and conduct their missions effectively. 80 percent of the members of the Guard On counterdrug policy, the com- The way we measure our military’s and Reserve, have been deployed to mittee authorized the Department to ability to perform effectively is called Iraq or Afghanistan with an average of provide counterdrug training and their readiness. Readiness is composed 18 months per mobilization. Of these, equipping assistance to Mexico and the of three elements: personnel, equip- more than 84,200, or 20 percent, have Dominican Republic. This would ex- ment, and training. been deployed more than once. Pres- pand a list of countries to which we First let’s look at the personnel ently, the Army National Guard has 34 provide such assistance to these neigh- issues. Since 2002, 1.4 million military brigades; 16 are considered an ‘‘en- bors who are facing serious drug chal- troops have served in Iraq or Afghani- hanced brigade,’’ which means they are lenges. With regard to funding, the stan. The standard ratio the U.S. mili- supposed to be fully manned, equipped, committee authorized an additional tary likes to use for deployments is 1 and able to deploy rapidly. $22.5 million to boost drug interdiction to 2—meaning for every year deployed, Since 2001, every enhanced brigade efforts, especially in the U.S. Southern 2 years back at the home duty station has been deployed overseas at least Command’s area of responsibility. for recuperation, retraining—all those once, and two have already been de- Madam President, that is a summary things you need to restore the profes- ployed twice. of the highlights of the Emerging sional skill and a high degree of spirit When the President announced the Threats and Capabilities Sub- and morale necessary for successful surge, the Pentagon was forced to re- committee portion of the Armed Serv- military forces. call to active duty several thousand ices Committee bill. I urge the Senate Since the beginning of the Iraq war, Guard and Reserve personnel who had to support the entire bill, as the sub- however, Army brigade combat teams already served in Iraq and Afghanistan. committee does. have been on a 1-to-1 ratio: 1 year de- In order to do this, the Pentagon had Now I would like to turn my atten- ployed, 1 year back. That puts a huge to revise its rules that limited the call- tion to the matter pending before the strain on not only soldiers but the fam- up time of Guard members to no more Senate, and that is the amendment ilies of those soldiers. This ratio was than 24 months every 5 years. proposed by my colleague, Senator further strained on April 11, 2007, when With respect to this decision, the WEBB of Virginia. the Pentagon announced that all Ac- Commission on the National Guard and I rise to commend him. I think this is tive-Duty Army units in the Central Reserve recently concluded: an important amendment that under- Command area of responsibility, prin- Overall, if the reserve component, includ- scores and highlights the strain that cipally Iraq and Afghanistan, would be ing the National Guard, continues its high our troops are under, given the oper- operational tempo, current indicators cast extended to 15-month tours. The Ma- considerable doubt on the future sustain- ational demands of efforts in both Iraq rine Corps has also moved to a 1-to-1 ability of recruiting and retention, even if fi- and Afghanistan and many places in ratio: 7 months deployed, 7 months at nancial incentives continue to increase. the world. No one in this Senate—and home station. There is a real cost to this operational particularly in this caucus, this Demo- There is another aspect to this, and tempo. cratic caucus—understands on a first- that is known as stop-loss. It has been The cost is not only in the immediate hand basis the strain that soldiers, ma- imposed on 50,000 troops. What this near term but also in the longer one. rines, and airmen and sailors live under means is that an individual is eligible, Our current policies overseas have constantly more than our colleague having served out their enlisted time, overstretched our military. The bur- from Virginia, Senator WEBB, who is a to leave the military forces, but they dens of the past few years will have distinguished and heroic veteran of the are involuntarily held behind in order consequences for years to come. We conflict in Vietnam and someone to to meet the missions of the Army be- risk rendering our military a weakened whom we look for his insight and lead- cause of this huge personnel crunch. force, and we want to do all we can to ership, particularly with respect to the That stop-loss is affecting 50,000 indi- avoid it. welfare and the safekeeping of our viduals who have served honorably and We are already seeing indications of military personnel. well, who have made plans to return to the stress that is being borne by our Since 2003, the United States has civilian life. Those plans are on hold military forces, and they are mani- maintained an average of 138,700 troops now. That is another manifestation of fested in many different ways. in Iraq. Today we know we are at a this strain our land forces are under at Yesterday the U.S. Army announced level approaching 160,000. At the same this moment. it fell short of its active-duty recruit- time, there are approximately 25,500 The reality of this operational tempo ing goal by 15 percent. It is the second military personnel in Afghanistan and is that many Active-Duty soldiers and month in a row that the Army’s enlist- an additional 175,000 military personnel marines are on their third or even ment efforts have fallen short. This is performing missions in 130 countries fourth tour of duty in Afghanistan or in the context of a belated attempt, I around the world. Nearly every non- Iraq. Of the Army’s Active 44 combat would argue, by the administration to deployed combat brigade in the Active- brigades, all but the 1st Brigade of the increase the overall end strength in the Duty Army has reported that they are Second Infantry Division, which is per- Army. not ready to complete their assigned manently based in South Korea, have You have a situation now where the war missions. served at least one term in Iraq or Af- Army is under huge pressure. There is Let me repeat that. Nearly every ghanistan. Breaking that down further, an attempt to increase the numbers nondeployed combat brigade, those not 12 brigades of Army have had 1 tour, 20 overall. That attempt is being, at least in Iraq and Afghanistan, are reporting have had to 2 tours, 9 have had 3 tours, seems to be being frustrated by the in- they are not ready in terms of per- and 2 brigades are on their fourth tour. ability to recruit new personnel into sonnel or equipment to complete their This is an extraordinarily aggressive the Army.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8931 The Army expressed concern but re- cause of the inducements, pay benefits equipment, and it reduces transpor- peats the fact that the Army has met that are appropriate but very expen- tation costs. But there is a downside. its recruiting goals for the past 2 years. sive, and again raise the question of: As the GAO pointed out, while this Technically, that is true. But a closer How long they can be sustained? equipment approach has helped meet look shows there are some disturbing Despite the increases in pay, the current operational needs, it has con- trends that may have long-term nega- Army is still having difficulties with tinued the cycle of reducing the pool of tive consequences. In order to meet the retention, particularly retaining offi- equipment available to nondeployed demands of today, the Army is drawing cers. Last year the active Army was forces for responding to contingencies heavily on its delayed entry program, short 3,000 officers and it is projected and training. or pool of future recruits, which will this shortage will increase to 3,500 offi- Forty percent of the marines’ ground leave it empty handed in the future as cers this year. The Guard and Reserve equipment has been deployed in Iraq they try to enlist more soldiers. are facing a shortfall of almost 7,500 of- over the past 3 years and is being used The Army has also begun to lower ficers. at nine times its planned rate. I can re- standards in order to meet recruiting Army reenlistment rates for mid- call last year being in Iraq and was goals. The Army granted approxi- grade soldiers dropped 12 percent in the told just before we got on the heli- mately 8,500 ‘‘moral waivers’’ to re- past 2 years. According to the New copter that it was flying at many more cruits in 2006, as compared to 2,260 of York Times, more than a third of the times the number of hours that it was these moral waivers given in 1996. West Point class of 2000 left active duty planned to fly in a peacetime environ- These waivers cover misconduct and at the earliest possible moment, after ment. They assured us, of course—and minor criminal offenses. Again, the completing their 5-year obligations. they are right—that it was very well trend is not less but more in terms of For Special Forces, recruitment and maintained. But the stress on the trying to achieve recruiting goals by retention are most difficult. For the equipment is just as telling as the waiving some incidents that otherwise past 6 years, 82 percent of the active- stress on personnel. We are using this would disqualify a person from joining duty Special Forces specialties were equipment and overusing this equip- the Army. Waivers for recruits who underfilled, many with shortfalls over ment as we operate in all of those thea- committed felonies, for example, were 10 percent. tres of conflict. I had a chance to sit down and have up 30 percent in 2006 from the year be- According to Lieutenant General lunch with three soldiers at a patrol fore. Blum, the Army National Guard pres- base which had only been in operation Last year, 82 percent of Army re- ently has on hand only 30 percent of its for 3 weeks, just about 2 days ago in cruits had high school diplomas. That essential equipment here at home, Iraq. All three of those soldiers were on is the lowest level since 1981. Only 61 while 88 percent of the Army National their second or third tour. Two had al- percent of Army recruits scored above Guard that is in the U.S. is very poorly ready decided they were getting out, average on the service’s aptitude test equipped. Nearly 9 out of every 10 and a third had not yet decided. They last year. That is the lowest score Army National Guard units in Iraq and have served their country magnifi- since 1985. Afghanistan have less than half the cently. They have done it with great Last year, the Army would not have equipment needed to respond to a do- dedication, and for many different rea- met its recruiting goals without low- mestic crisis, and less than 45 percent sons are leaving. That is a very impre- ering its weight standards and increas- of the Air National Guard units have cise scientific sample, I would admit, ing the acceptable recruiting age to 42 the equipment they need. Again, one of but still it suggests that because of years old. Frankly, you know, thinking the other major missions of the Na- operational stress, because of the de- back, not long ago the idea of actually tional Guard is responding to domestic mands on soldiers who are performing trying to recruit people who were 42 contingencies. They are severely con- magnificently, they are also thinking strained in that regard. Lieutenant years old, might have physical prob- about their future and thinking about lems, who might have minor criminal leaving the force rather than staying General Blum, who is the chief of our violations, was considered anathema on for extended periods of time. National Guard, states: by the military as they prided them- The soldiers recruited today define This is the first time such a shortfall in selves on the ability with each suc- the quality of our Army in the future. equipment readiness has occurred in the past 35 years. ceeding quarter to indeed try to raise Focusing on filling slots today without the standards. But the pressure on per- regard for maintaining high standards He estimates that the total cost of sonnel has produced these results. can have dire consequences down the the shortfall is about $36 billion. In Despite these lower standards, basic road. We have serious challenges before March 2007, the Commission on the Na- training graduation rates have in- us as a nation. tional Guard and Reserves reported creased from 82 percent in 2005 to 94 I have spent time talking about per- that nearly 90 percent of National percent in 2006, leaving one to wonder sonnel because at the heart of Senator Guard units are not ready to respond to whether the training program stand- WEBB’s amendment is the recognition crises at home or abroad. ards are also being modified so that that ultimately a military force is The chairman of the Commission on these individuals can get through and about people—the soldiers, the ma- the National Guard summed it up: get into the brigades that need sup- rines, the sailors, the airmen, and their We cannot sustain the National Guard and port. That would have long-term, un- families. And if we keep this oper- Reserves on the course we are on. fortunate consequences for the overall ational tempo, if we do not provide the Again, the military is doing not only effectiveness of our military forces. respite, time for recuperation, what he everything they are asked but much The Army is also using some extraor- is suggesting, at least an equal time more. But we need to ensure that they dinary means to maintain retention out of the war zone as you spend in a have the opportunity to rest and to rates. There are problems recruiting, war zone, then these personnel issues refit. We have to ensure they have but also they are making special ef- become more and more acute and be- equipment that is well maintained and forts to keep those soldiers they have. come more damaging to the overall ca- not overly used. The biggest incentive, of course, for re- pability of our military force. There is a huge shortfall in equip- tention is providing financial com- There is another aspect, too, of readi- ment. The Marine Corps has a $12 bil- pensation to those who decide to ex- ness. That is equipment. In order to lion equipment shortfall in 2007. The tend. However, the level of funding we meet the equipment needs in Iraq and Army estimates it will need $12 billion are putting toward keeping soldiers Afghanistan, the Army requires that annually for as long as the Iraq war simply cannot be sustained. In the past active and reserve units leave behind continues, and for 2 years thereafter. 4 years the Army has increased the certain essential items that are in These significant costs will have to be amount spent on retention bonuses short supply, including up-armored borne, but the biggest cost, I believe, is from $85 million to $735 million. humvees and long-range surveillance the one that is being borne today for At the same time, the cost of sup- and communications systems. our soldiers, marines particularly, and porting each soldier has increased from This system ensures that incoming the fact that they are operating in a $75,000 in 2001 to $120,000 in 2006, be- soldiers can receive 100 percent of the war zone, coming back, and all too

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We But that training cannot operate if women, there is a family at home in have asked extraordinary things—ex- there is insufficient time back at home Michigan who will go to bed tonight traordinary things—from them at station to do it. And that, I think, also worried and saying a prayer for the every turn. And at every turn they is the heart of Senator WEBB’s amend- safety of their loved one, for the safe have delivered. They have made us all ment. He understands that one of the return of their son, their daughter, fa- proud. They have faced tough situa- great factors that holds a unit together ther, mother, sister, brother. tions, made tough choices, and have is the sense of skill, the sense that The true cost of this war cannot be done their duty. they not only know how to do the job, measured in dollars and cents, al- Now we need to do our duty. We need but they practice that job time and though there is a huge financial cost to to do what is right for them. It is our time again. They are ready for any what is happening. But the true cost is time to face the tough situations. It is contingency, any eventuality. That measured by the sacrifices of our our time to make the hard choices. It readiness, that sense of confidence does troops and their families; every single is our time to make them proud. That not come without spending the time at day, day in and day out. The cost is is what this amendment is about. That home station training. That, too, is more than just the possibility and the is what this bill is about. That is what being sacrificed. reality of physical danger; the cost in- further discussions we will have about I commend Senator WEBB. I think cludes the sacrifices that entire fami- how to end this war will be all about. from his heart and from his essence as lies are making, financial sacrifices, America’s soldiers and sailors and a marine, he understands that our sol- emotional sacrifices, sacrifices being airmen and marines are always there diers, marines, airmen deserve the made because they are apart day after for us when they are called. The ques- time to prepare, to train, to regroup day, month after month, and now year tion is, Will we be there for them? Will before they go back again. At a min- after year. we be there for them today and tomor- imum, his amendment is calling for It is not right; it is not fair; it is not row and the next day? equal time at home station that safe. We need to change this policy. This legislation Senator WEBB has equates to time deployed in a war zone That is what the Webb amendment proposed is something that is simply as the minimum that we should pro- does. In Michigan, 1,644 Guard mem- the right thing to do and is a very im- vide these brave young men and bers, 1,644 families, 1,644 missed birth- portant piece of supporting our troops. women. days, Father’s Day, Mother’s Day, First of all, for our regular forces, I hope we can support this amend- missed high school graduations, baby’s the amendment requires that if a unit ment. I hope we can do it, get it back first steps, anniversaries, family funer- or a member deploys for Operation En- and send a message to our troops: We als, Christmas, other holidays. during Freedom or Operation Iraqi know what you are doing for us. We ap- It is also 1,644 missed paychecks. It Freedom, they will have the same time preciate it. After serving with distinc- may be the only paycheck in the fam- at home—what is called ‘‘dwell time’’; tion with courage and great sacrifice, ily—the paycheck that is paying the down time, as I would say; our forces you deserve time to come home, to see mortgage, the paycheck that is there would call it dwell time—before being family, to retrain, to rest, and to pre- to help send the kids to college, to pay redeployed. So if someone is deployed pare again to defend the Nation. the car payment, to be able to have the for 6 months, they would have dwell I yield the floor. standard of living we all want for our- time for 6 months, whether that is The PRESIDING OFFICER. The Sen- selves and our families—sidetracked being home with the family, whether ator from Michigan. careers, small businesses and farms put that is retraining, whether that is time Ms. STABENOW. Madam President, in economic danger, 1,644 lives that to regroup. If they are deployed for 12 before my distinguished colleague from will never be the same, 1,644 sets of months, they would have 12 months at Rhode Island leaves, I thank him for missed opportunities, missed moments home; 15 months, 15 months. the incredible contributions I know he that can never be replaced. For the National Guard and Reserve, made to this legislation that is in front These members of the Michigan Na- no unit or member will be redeployed of us. He, too, has had a distinguished tional Guard make up only a fraction to Iraq or Afghanistan within 3 years of career serving his country in the armed of the 160,000 men and women in uni- their previous deployment. Now, this is services as well as in the Senate, and form currently serving in Iraq and strictly a floor, but it will stabilize we congratulate him for his service. countless others who have served. In Guard and Reserve deployment cycles I also start by congratulating our too many cases, these men and women in a much more predictable way. It is Michigan senior Senator whom we are are back in Iraq for their second, third, good for them, it is good for us from a all so proud of for all of the important and now fourth redeployment. safety standpoint, preparedness stand- work he does, and none is more impor- Our fighting men and women are the point, and it certainly is good for the tant for Michigan and for the country greatest resource we have. They make families we are asking to make such than serving as chairman of the Armed us proud every single day. But, unfor- sacrifices. Services Committee. tunately, this Government is abusing We understand this is a dangerous This National Defense Authorization this resource, these people. America and unpredictable world we live in, so Act and all that it brings in terms of puts its trust in our military to defend this amendment also includes an im- additional tools for our troops, issues us. When our sons and daughters join portant provision, a provision enabling that directly relate to supporting the the military, they put their trust in us, the President to waive these limita- troops and their families, the equip- in the Congress, in the President of the tions if he certifies to Congress that ment, the new technology, the new United States, to give them the tools deployment is necessary in response to policies for the future that they need, and the resources they need and to a vital national security interest of the all of these things are incredibly im- treat them with the respect they have United States. portant, and Senator LEVIN has been earned. Current administration poli- Now, why is this down time or dwell the leader on these issues for us. We in cies on redeployment have violated time so important? Longer and more Michigan are extremely proud of all he that trust. These policies have let our predictable dwell time is needed for has done. troops down. They have let their fami- many reasons. Most importantly, it al- I specifically today raise my voice in lies down. lows for members to readjust from support of the Webb amendment to the I am proud to join with my colleague combat and spend time with their fam- National Defense Authorization Act. from Virginia in saying: Enough is ilies. It also allows troops the time Tonight in Iraq, 1,644 members of the enough—enough is enough—when it they need to be ready for the next com- Michigan National Guard will bed down comes to abusing our Armed Forces by bat mission. We have to remember that

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What we are doing and women in uniform have a more communities and for our country. on this Defense authorization bill mat- predictable deployment schedule, with When I look around the Senate, I am ters. It matters to the men and women adequate time between tours. We have struck by the fact that we have all in uniform. It matters to everybody in a responsibility to prevent further taken different paths to get here, to the world because during these difficult needless damage to our military, and this debate right now. It has been a times the world is facing, increasingly the Webb amendment does that. long 5 years. Some of us have stood up the world is turning to the American Five years ago, I was proud to stand against this war since day one. Many men and women, our fighting men and on this floor as one of 23 Members who have come to understand the tragedies women, to make things right. believed this war was the wrong choice. of this war and the failures of this ad- Imagine a world without the brave For the past 5 years, I have been proud ministration and have come at a dif- Armed Forces of the United States. to cast vote after vote supporting the ferent time. But no matter what path What would that world look like? It troops, working to ensure they have each of us has taken, no matter how we would be a very dangerous place, more the resources they need so they can get have gotten here today, now we have so than it is now. So I wish to say the the job done as soon as possible and the opportunity to do the right thing. one thing we have in common as Re- come home safely. Today, I stand on the floor and once That is what this debate is about. publicans and Democrats is admiration again say: Enough is enough. The I am so grateful to our Senate leader, for those who are carrying the burden American people are saying: Enough is HARRY REID, for making sure we stay of fighting a worldwide global struggle enough. focused on what is clearly the most called the war on terror. This administration failed our troops critical issue in front of us, what is Now to Iraq. We are going to have by committing them to this war with- happening in the war in Iraq and with amendments this week that have one out a clear reason or goal. This admin- our troops and our families, and what common theme to them. It would take istration failed our troops by not hav- we need to do to focus on the real the current strategy in Iraq and change ing a clear mission for our Armed threats—the real threats—here at it. General Petraeus was unanimously Forces in Iraq. They failed our troops home, through his leadership, on the 9/ approved by this body to go to Iraq and by not providing the proper equipment, 11 Commission legislation, as well as do something different. He told us be- body armor, or logistical support for focusing on the real threats abroad. fore he left: I need more troops. The our forces. They failed our troops with So we have seen leadership bringing reason I need more troops is because their poor planning for the invasion of us back to this issue, creating this op- the mistakes we made in the past have Iraq and their total lack of planning portunity now for us to do the right caught up with us. for how to secure the country, despite thing. We need to do the courageous What is the biggest mistake America the best efforts of our brave men and thing. The Webb amendment is an op- made right after the fall of Baghdad? women. And they have failed our portunity to do the courageous thing Not having enough security to keep the troops by sending them back into for our troops. We cannot change the country from spiraling out of control, harm’s way over and over and over past, but we have to change the future, not having enough security to suppress again without the proper down time be- and that means acting now. the militias. One thing I have learned tween redeployments. History will I urge all of my colleagues to vote for in life, where there is lawlessness, peo- judge this administration on how they the Webb amendment for the brave ple fill in the vacuum. If the Govern- have handled this war. History will men and women who are serving us and ment cannot protect you, then you will judge us now on what we do for the counting on us to understand what we find groups who will protect you. troops and what we do to end this war. are expecting of them as they do their What happened in Iraq is the security We need a new strategy for Iraq, a duty, with the sacrifices they are mak- got out of control, and we had sec- strategy that brings our troops home ing, their families are making. They tarian violence spawned by al-Qaida. safely and responsibly. We need to are counting on us to do the right The thing we have to realize as a na- treat our troops with respect—the re- thing. They are counting on us to do tion is this organization called al- spect they deserve, they have earned— the right thing on the overall strategy Qaida has one common goal. It is not while they are serving us. They put on this war. about Sunni, Shia, and Kurds; it is their lives on the line every day for us. This legislation, this time, this de- about moderation. They hate modera- The least we can do is to make sure bate in the next few days is an oppor- tion in any form. It doesn’t matter if it they have what they need and they tunity for us to tell the American peo- is wearing a Sunni face, a Shia face, or have the time they need between comple: We hear you. We hear you. Enough a Kurdish face. They have come to Iraq bat deployments to be with their fami- is enough. Enough is enough. It is time to destroy this infant democracy. lies and to prepare for the future. And to get this right and to bring our men The report card on the political they need a strategy. They are asking and women home safely and respon- progress in Iraq: It is about like here at us to be paying attention to what is sibly. home. I give it a very low grade. Unlike going on. Mr. President, I suggest the absence here at home—we do have a stable soci- So many of us have been to Iraq and of a quorum. ety, for the most part—in Iraq they have seen what is happening on the The PRESIDING OFFICER (Mr. have a very unstable society, so they front lines. They are in the battle MENENDEZ). The clerk will call the roll. need political leadership desperately. every day. They are focusing on their The legislative clerk proceeded to After my sixth or seventh visit on mission, on staying alive, keeping their call the roll. the Fourth of July week past, I am buddies alive. They are counting on us Mr. GRAHAM. Mr. President, I ask here to say there is bad news. The bad to have their back. They are counting unanimous consent that the order for news, from my point of view, is the on the President to have their back. the quorum call be rescinded. Iraqi political leadership that exists They are counting on people here get- The PRESIDING OFFICER. Without today is paralyzed, very much like we ting it right, doing the right thing— objection, it is so ordered. are here at home. I don’t see them any- whether it is making sure they have Mr. GRAHAM. Mr. President, I am time soon having a breakout when it the time they need, which the Webb going to speak for about 12 minutes. comes to political reconciliation, but I amendment does, to focus on their Will you let me know when that 12 do have hope for the future that they needs and their families’ needs or minutes is up? will do that, and it is not an unreal- whether it is to make sure there is a The PRESIDING OFFICER. The istic hope. strategy that makes sense. That is Chair will so advise the Senator. The There is some emerging movements what we are now debating on this floor. Senator from South Carolina. in Iraq politically that can bring about

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Al-Qaida today is on When General Petraeus comes back leagues with certainty is, for 31⁄2 years, the run. They are on the run because in September, I think he will give us a I went to Iraq and I came back every the Iraqi people have broken with their mixed report. That will be the honest time despondent because I could see way of life. truth. There are still areas in Iraq very the security situation spiraling out of The big question for a lot of Ameri- much in doubt. But where we go in control and I was told time and time cans is: Is everybody in the Mideast force and where people have the choice again: No, the training strategy is committed to extremism? Is there any to make, they are making the choice working. Our goal is to train the Iraqi hope that people in the Mideast want a we hoped they would make. Army and police forces, and we are different way of life than bin Laden Our choice in Congress is whether we doing a good job. charted for them? The answer is yes, change course. Do we, in July, adopt The first time I went to Iraq, I went and the best evidence I can give is what amendments that will destroy the rug shopping. The last time I went be- is going on in Iraq. Where American Petraeus strategy and replace it with fore the change in strategy, I was in a combat power has been in place in suf- the old strategy? One thing my Demo- tank. It was clear to me, being a mili- ficient numbers and levels, the Iraqis cratic and Republican colleagues have tary lawyer, not a combat commander, have chosen to side with us and reject in common is they are trying to do that the situation on the ground was al-Qaida. That should be heartening what is best for the country. This is what I think is best. I think getting worse. This time around, after news. Given a choice, given the oppor- it is best not to do anything now that the new strategy has been in place, tunity, those who have lived under the would give al-Qaida a second chance in things are getting better on the ground al-Qaida regime and ideology have life. I don’t want the Senate to be the when it comes to suppressing the No. 1 said: No, thank you. cavalry for al-Qaida. By that I mean, I enemy of this Nation right now for the The permanent solution is political don’t want us to adopt an amendment moment and that is called al-Qaida. reconciliation, but if we can focus as a that will destroy the ability of General Al-Qaida in Iraq flourished under the nation on defeating al-Qaida in Iraq, it Petraeus to go after the enemy in an old strategy. They were able to domi- would be a much better world. The po- aggressive fashion and continue form- nate different regions of Iraq. Sunni litical reconciliation yet to come in ing these alliances by undercutting his populations were being terrorized, and Iraq would be enhanced if we could de- ability to have the manpower he needs. a lot of bad things happened when we stroy elements of al-Qaida in Iraq. The The old strategy has failed. To go back were in Baghdad training and not global war on terror would be enhanced to the old strategy is a godsend to al- fighting. if we destroy al-Qaida in Iraq. The way Qaida and is a death blow to those who General Petraeus, when he got in we do that is, again, by forming alli- have come out of the shadows to say: I charge, when he got in place said we ances with Sunnis who reject their ide- want a better way; I want a better Iraq. are going to change strategy. What he ology, and once we defeat al-Qaida in a We have a chance to give this general has done is he has sent additional com- neighborhood or city, we have gotten and the troops who have gone as part of bat power into areas previously held by the local people to step up to the plate this surge a chance to do something al-Qaida. He went to the tribal leaders and become policemen. that I think is in our national security in those areas and said: If you are fed The number of police in Anbar Prov- interest: Keep al-Qaida on the run and up, we are here to help. ince has gone up dramatically, and destroy it. I am convinced now more Here is the good news. To a person al- they are providing what was missing than ever that the ability to destroy most, the people who lived under al- before: a stable law-and-order regime al-Qaida in Iraq is within our grasp, Qaida’s regime in Iraq said: No, thank that is rejecting extremism. and it is a combination of additional you. That is not the life I want for my- The police forces in the Sunni areas American military power and the will self or my family or my friends or my in Anbar are doing very well. They and the desire of the Iraqi people to regroup. have the trust of the people, and they ject al-Qaida. Al-Qaida overplayed their hand. They are marrying up with Iraqi Army units, Let’s not be the cavalry for al-Qaida. were incredibly vicious and brutal and where most of the officers are Shias. Let’s not do something politically in they overplayed their hand. What has But we found the Shia Iraqi Army lead- Washington that will put them back in happened in the last few months is this ership and the Sunni police forces have the fight. We are going to be taking additional combat capability that now worked well together in Anbar. casualties as long as al-Qaida exists exists in Iraq has married up with a de- What did the enemy do? They moved anywhere on the planet. My goal and sire by the Sunnis, who have been op- to Diyala. We are going to the Diyala the military’s goal is to fight them pressed by the al-Qaida elements in Province, another Sunni area, more over there, suppress them over there, Iraq, to join forces. mixed than Anbar, and we are getting bring out the best in the people in the It is undeniable that in Anbar, the the same results. Extreme violence is Mideast, and we are seeing, slowly but situation has changed in the last 6 the first thing we get, terrorism. This surely, that the people in Iraq who months in a dramatic way. The Sunni spectacular attack will continue for a have lived under al-Qaida are turning tribal leaders in Anbar have broken long time to come, but the actual situ- away. That is indeed good news. Are with al-Qaida, they have joined with ation on the ground has changed dra- they turning to democracy and polit- General Petraeus and Iraqi security matically in Anbar, and it is beginning ical unity? No, not yet. But the pre- forces and literally that province has to change in Diyala. Why? We never be- condition, the forming of a new Iraq is changed. There are areas in Anbar fore had combat capability in the to take those who wish to destroy this Province where you could not go before Diyala Province. The tribal leaders in new democracy and isolate them and that you can go to now, where there is that province have joined with us, as destroy them before they can destroy a new alliance in place. There has been they did in Anbar. More people are this idea called moderation. a surge in police recruits, Sunnis join- joining the police and, again, al-Qaida The al-Qaida agenda is not limited to ing the police force to protect their is moving down the road. Iraq, but they see it as a central battle- hometown against al-Qaida. The goal for us as a nation is to sus- front in the war on terror. We should So the formula General Petraeus had tain this capability until we defeat al- see it as the central battlefront in the in mind is not dependent upon central Qaida in Iraq. I don’t believe that is war on terror. Any amendment that is Government reconciliation. He went going to take much longer because adopted in July that would undo the out into the troubled areas, and he told what we have left behind in Anbar in a Petraeus strategy is shortsighted and, the people living under al-Qaida: If you few months is going to be mature in the long run, very devastating to our choose to, we will help you, and you enough that we will not need that national security interests.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8935 I urge my colleagues to look closely committee that has reported a bill, an We also prevent stealth coalitions. and ask the questions that need to be appropriations bill, has to have that in What does that mean? It means there asked, not for the next election but for it. And we are even doing it with au- is a company—I will pick this out of the next generation of young Ameri- thorizing committees. the air—Americans for Health Care, cans and people in the Mideast, and Right here I have the appropriations and they run these ads. It is a stealth that question is: If we do not stay com- bill which is for the Department of organization. It is a phony organiza- mitted to this fight against an enemy Commerce, Justice, Science and Re- tion because it is paid for by, let’s say who hates everything we stand for now, lated Agencies for 2008. No secret. All the pharmaceutical industry, someone what are the consequences later? I can the earmarks are herein listed in de- who has an interest in the health care tell my colleagues, and I will close tail—the amounts, the Senator spon- industry. Pick any name you want. with this thought, that history tells us soring the earmark—and they have to And if you look behind it, it is some the answer to that question. Every sign a disclosure in addition to this large, usually multilevel corporation time extremism has been appeased, that they have no financial interest in that is paying for this. good people die unnecessarily. We have the earmark. It is here. Every sub- Our legislation would slow the re- good people in Iraq. The Iraqi people committee in the appropriations proc- volving door by former Members of have good people among their popu- ess that has reported out a bill has the Congress. Our legislation would put an lation. Our men and women in uniform same information I have just presented end to the pay-to-play K Street Project are the best we have to offer. This alli- to the Senate. that was also part of the Republicans’ ance between the good will defeat the So it is really hard to believe the ear- culture of corruption. evil, as it always has done, only if we mark complaint is genuine. Let us re- The list goes on and on. They are have greater will than our enemy. member all the other provisions in this stopping us from doing these things. I The votes we are about to take are bill the Senate Republicans are block- don’t want to file cloture in order to about political will. I hope we will ing progress on—campaign expenses, appoint conferees, but I will if I have choose the path that history tells us we campaign contributions. As we have to. We cannot let the Senate action on should take. Say no to extremism and read in the press, they feel it is impor- something so important be held up by yes to moderation. tant that we do something dealing with the minority. It is wrong. They send I yield the floor and suggest the ab- bundling. That is lobbyists who agree one person out to do it, but this is re- sence of a quorum. to raise money for Senators. There flective upon the Republicans. They do The PRESIDING OFFICER. The should be some disclosure of that. In not want us to complete this legisla- clerk will call the roll. this bill we have it—the one they won’t tion, but we owe it to the American The assistant legislative clerk pro- let us go to conference on. Bans on people to get this bill completed. We ceeded to call the roll. gifts from lobbyists and corporations need to restore the faith the American Mr. REID. Mr. President, I ask unan- are in this bill. They have prevented us people want to have in government. imous consent that the order for the from going to conference on that. No They want a government as good and quorum call be rescinded. more corporate jets. honest as the people it represents. The PRESIDING OFFICER. Without One of the issues around here—and I I appreciate very much indeed the objection, it is so ordered. don’t think it was necessarily cor- Washington Post’s writing an editorial Mr. REID. Mr. President, lobbying rupting anyone, but it was corrupting— saying this has to be done, and they and ethics reform, the most significant flying these beautiful corporate jets said to me in that editorial, if they change in the history of the country, and paying first-class airfare, even continue to stop us from going to con- has been passed by the House and the though it cost 10 times that to fly on ference, I should make them filibuster Senate. Why is it not signed into law? these airplanes. This is eliminated in so they have to come here and vote Because the Republicans are stopping our bill. But we can’t eliminate it be- against completing ethics and lobbying us from going to it. cause they won’t let us go with it. reform. There are all kinds of excuses they They have obstructed this. Maybe the culture of corruption is are using. The latest excuse is they The Abramoff situation, brought to something they want to maintain. want the provision dealing with ear- the attention of the American people, Maybe they are still flying in corporate marks in this bill—the amendment this is the culture of corruption the jets. Maybe they are still doing some of passed 98 to nothing—they want that Republicans brought to Washington, the things we are trying to prevent. I set out separately. But that is a ploy; DC, when they controlled the Congress. don’t know the reasons, but it appears it is a diversion. They do not want to For the first time in 121 years, someone very evident that they do not want go to the meat of this bill. They have who works in the White House has been us—they, the Republicans—to complete blocked this now for weeks. The Sen- indicted. That man has now been con- this legislation, and that is too bad. ator from South Carolina, who was the victed, and his sentence has partially I repeat, the earmarking is a guise. last to come and block this important been commuted by the President of the Right now every committee reports legislation from going forward, I know United States. out, under the Democratic leadership, thinks earmarks are important. I do In the House of Representatives, the the earmarks in detail. We are com- too. Earmark reform is important. But former majority leader of the House of plying with this legislation even it is in this bill. Earmark reform is in Representatives, a Republican, was though it is not law now. So for some- it. It is hard to believe that his objec- convicted three times of ethics viola- one to come here and say we are not tion isn’t anything more than a smoke- tions by the ethics committee. He was going to allow the conference to go for- screen to prevent us from making indicted twice in Texas. He still is ward because we want earmarks to be progress on the rest of the bill. under indictment. One Member of Con- separate and apart from this is a guise. Here are the facts: No one has any in- gress is even serving time now as part They are diverting attention from the tention of taking out the earmark dis- of the Abramoff corruption program. work of the American people and this closure provisions in the bill. It is a Numerous staff people are either in jail Congress. fantasy. Second, Senate Democrats or under probation or now being inves- Mr. DURBIN. Will the Senator yield have already imposed earmark provi- tigated. The American people think we for a question? sions through the committees. Right should improve the situation, and we Mr. REID. I will be glad to answer a now, anyone with an Internet connec- can do that with this legislation. question of my distinguished friend tion can go on line to the Senate Web One of the problems the Abramoff from Illinois. site and find earmarks and earmark program allowed was people flying all Mr. DURBIN. Mr. President, I would sponsors in appropriations bills that over the country. Let’s go to Scotland say to the Senate majority leader that the press has reported. I repeat: Any- and play golf, and then they flew on a this afternoon, as chairman of the Sub- one who can go on the Internet can corporate jet and played golf in Scot- committee on Appropriations for Fi- find out what the earmarks are on any land. Under our legislation, this would nancial Services, we reported out of bill that has been reported out of any not be permitted. We significantly im- subcommittee a bill, and that bill, page one of our committees. Every sub- prove disclosure of lobbying activities. by page, specifies every earmark from

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8936 CONGRESSIONAL RECORD — SENATE July 10, 2007 the White House, earmarks for Mem- months has been in spite of the road- issues America wants us to face. We bers of the Senate, and goes into detail blocks, the obstruction tactics the Re- were sent here to deal with cleaning up as to each one and the specific name of publicans have put up. We have done it the mess in Washington, the culture of the Senator or Senators requesting in spite of that. We have to this point corruption. We were sent here to deal them, which I think complies with ev- 43 different cloture motions—43. We with the war in Iraq. Instead, day in erything that has been asked for by have never done that before, 43. and day out, week in and week out, those who were asking for earmark re- I say to my friend, on a Defense au- every month for 43 different times now form. thorization bill—the bill that takes they have tossed an obstacle in front of So I would say to the Senator from care of our troops around the world, in us to stop the debate. The American Nevada that if the Senator on the Re- Iraq and Afghanistan, and the work we people can see this, and today they can publican side who has been objecting to are doing with NATO forces, to get pay see it very graphically. our conference on this ethics bill would increases, get them the right equip- Mr. REID. Mr. President, I appreciate take some time to look at the appro- ment, the right medical care—this is so much my friend from Illinois. I have priations bills, he would understand we being held up. such fond memories of our relation- have already accepted this reform. We I would also, in a way of response, ship. It seems now only yesterday, but already are making this change. ask my friend, what has happened in it was 25 years ago that the Senator I would ask the Senator from Ne- the past dealing with Defense author- from Illinois and I came to the House vada, the majority leader, right now, ization bills? Has there ever been any- of Representatives together. We were what is stopping us from going to con- thing like this that you can imagine? elected in the great class of 1982. At ference to pass these changes in ethics Mr. DURBIN. I say to the majority least I thought it was great, and I laws, these historic changes in ethics leader, for those who are trying to fol- think, looking back, we have had some laws, so that once and for all we can low this debate and are not familiar good experiences. I appreciate very have the kind of reform and changes with a cloture motion, what a cloture much his laying out the facts. that are needed here in Washington? motion means is that those who are op- The facts are that for Defense au- Mr. REID. I say to my friend, it is posing a vote on an issue delay it as thorization bills, you should not have this. It is the Republicans who are long as possible and then try to create to file cloture on amendments. My stopping us from going to conference a higher vote total that you need to counterpart, my friend from Kentucky, on this bill. They may send one person bring this amendment to passage or de- says this is the way we do business out, and it could be a rotating person, feat. So it is a delay tactic to slow around here. That is not the way we but they are stopping us from going down the Senate, slow down delibera- have done business around here. This is forward. The ploy of the day is they tion. the way we do business here because of want to take the work we have done in Today, when the Democratic major- the envy of the Republican minority, this bill dealing with earmarking out ity leader offered to the Republicans envious of our being in the majority, so of the bill and set it up as a Senate that we would call up Senator WEBB’s they are making us jump through rule. amendment to make sure our troops every procedural hoop, they are ob- This is what conferences are all are rested and ready before they go structing everything we are trying to about. We want to do all these things I into battle and allow Senator GRAHAM, do. have enumerated in this legislation. a Republican Senator, to have his simi- It is hurting, not the Democrats. It is We want disclosure of bundling, bans lar amendment up at the same time hurting the American people. I say—I on gifts from lobbyists and corpora- with the same vote, it was rejected. want it spread on the record—in spite tions, no more corporate jets, major of all of the obstacles we have had to The Republicans rejected it. Then one limits on privately paid travel, signifi- jump through, we have been able to get of the Senators came to the floor and cantly improved disclosure of lobbying things done. We have had to do it. It said that is the way it has always been activities, disclosure of stealth coali- has been hard. We have had to fight around here. It has always been this tions, slow the revolving door of former with the White House. We have been way, this is not unusual. It takes 60 Members of Congress, put an end to the able to get minimum wage passed, we votes to agree to these amendments. pay-to-play K Street Project. That is have been able to get funding for Now we know what it is going to take. what is being held up, and it is being Katrina, we have been able to get fund- We did a little research, I might say held up by the Republicans. ing for homeland security, which we to the majority leader. We looked at Mr. DURBIN. If the Senator will have never been able to do before, over the last two Defense authorization bills yield for a further question, today on the President’s objections. We have which were called up and considered in this Defense authorization bill, while been able to fund SCHIP through the this Senate. Not a single amendment we are debating the war in Iraq and first of the year, which was extremely required a cloture vote, required this good treatment for our soldiers, the difficult and hard to do. We have been delay tactic, required the 60-vote mar- Republican leader comes to the floor able to do some things for farmers and gin, even those amendments specifi- and insists they cannot bring up for a ranchers. We have been able to do some vote the amendment that is pending by cally relating to the war in Iraq. What good things. Disaster relief, 3 years Senator WEBB of Virginia even though the Republican leadership is doing now overdue—we were able to get that you offered a Republican amendment has not happened in the last 2 years on done. That money is now out helping to be voted on at the same time. The this same bill. They have come up with those people who desperately need it. Republican leader has said: No, we a new slowdown, a new delay tactic, a As I speak, all over the West, want to delay this. We want to delay new obstacle they have tossed in our wildfires are burning. In Nevada, we this until tomorrow and then perhaps path. have had 245 square miles burn. A 100- another 2 days beyond and to filibuster I think it is very clear. The Senator mile stretch of freeway in Utah has it during that period of time. from Nevada will recall that the last been shut down because of fires. We It would seem there is a pattern time the Defense authorization bill was were able to get, over the President’s emerging, a very clear pattern where it up, there were two very important objection, money for wildfires that comes to the important business. amendments on the war on Iraq, one by burned last year and the year before Whether it is ethics reform or changing Senator KERRY of Massachusetts and that we have been trying to get. the policy in Iraq, the Republican posi- another by Senators LEVIN and REED. In spite of all the hurdles we have tion is to stop the process, slow down Both related to when the troops would had to jump through, we have been the process, throw in every obstacle come home. In each instance, cloture able to accomplish things for the they can find. was not necessary, 60 votes were not re- American people. But the shame of it is I ask the majority leader if this pat- quired; the amendments were called on we could be doing so much more but for tern has been evidenced in terms of, for a simple majority vote. the obstructions continually thrown up example, filibusters, delaying tactics So I say to the Senator from Nevada, in our path by this minority. on the part of the Republicans? it is very clear, the strategy the Re- I suggest the absence of a quorum. Mr. REID. I say to my friend, every- publicans in the Senate are using. They The PRESIDING OFFICER. The thing we have done for the past 7 are trying to avoid facing the tough clerk will call the roll.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8937 The legislative clerk proceeded to studied aeronautical administration. In vember 2006 and was due for leave in call the roll. 1995 after graduating from college, he June 2007. He was laid to rest with Mr. DURBIN. Mr. President, I ask joined the Army to fly helicopters. cherished firefighter funeral traditions, unanimous consent that the order for On May 30, 2007, while serving in sup- complementing his full military hon- the quorum call be rescinded. port of Operation Enduring Freedom as ors. There were more than 700 people in The PRESIDING OFFICER. Without a helicopter pilot with the 3rd Bat- attendance at his funeral, including objection, it is so ordered. talion, 82nd General Support Aviation, over 100 soldiers. His funeral procession f 82nd Airborne Division, based at Fort included 35 fire trucks, ambulances, Bragg, NC, Chief Warrant Officer and utility trucks representing at least MORNING BUSINESS Allgaier passed away when his CH–47 11 area departments. Mr. DURBIN. Mr. President, I ask Chinook transport helicopter received Specialist Bailey’s wife Deanna ac- unanimous consent that there now be a rocket-propelled grenade and small cepted on his behalf his Purple Heart, period of morning business with Sen- arms fire and crashed. Four other sol- his Bronze Star, and his Army National ators permitted to speak therein for up diers were killed in this attack. Guard meritorious service medal, in to 10 minutes each. Allgaier’s deployment to Afghanistan addition to other awards. His ‘‘bunker’’ The PRESIDING OFFICER. Without in January was his second tour of duty gear—the fireproof clothing fire- objection, it is so ordered. in the country and came about a year fighters use as protection—was after he returned from a mission flying strapped to the rear of a firetruck in f helicopters in Iraq. He had also pre- the procession. His coat, pants, and HONORING OUR ARMED FORCES viously served in South Korea. He was boots faced forward—his helmet, back- 33 years old. ward. CORPORAL MATTHEW L. ALEXANDER In addition to his father, Chief War- Specialist Bailey is survived by his Mr. NELSON of Nebraska. Mr. Presi- rant Officer Allgaier is survived by his wife Deanna; their five children, Cody, dent, I rise today to honor CPL Mat- wife Jennie and three daughters, Nat- Maquala, Katlynn, Billy, and Logan; thew L. Alexander, of Gretna, NE. alie, Gina, and Joanna, of Spring Lake, and his parents Terry and Margaret Corporal Alexander, age 21, was a re- NC, and his sister Sharon, of Omaha. Denike, all of Bellevue. I offer my most cent graduate of Gretna High School. I would like to offer my sincere con- sincere condolences to the family and He married his high school sweetheart, dolences to the family and friends of friends of SPC William Bailey. He will Kara, on Valentine’s Day this year. He CWO3 Christopher Allgaier. His noble be remembered as a compassionate is remembered by all who knew him as service to the United States of America member of his community, who had a someone who believed deeply in what and his leadership are to be respected real passion for serving his country. he fought for and someone who made it and appreciated by all. And while the His bravery will inspire future genera- his life’s work to care for his loved loss of this remarkable Airman is felt tions of Americans to live a life of ones. Kara recalls her husband as ‘‘the by all Nebraskans, his courage to fol- service. most gracious man I knew. He was a low his dreams will remain as an inspi- SPECIALIST DAVID BEHRLE loving husband, devoted son, caring ration for his survivors. Mr. President, I rise today to honor brother and the best friend you could SPECIALIST WILLIAM LEE BAILEY, III Army SPC David Behrle of Tipton, IA. ever ask for.’’ Mr. President, I rise today to honor Specialist Behrle attended Tipton Enlisting in the Army in the spring Army National Guard SPC William Lee High School where he was elected sen- of 2004, Corporal Alexander was well Bailey, III, of Bellevue, NE. ior class president and commencement decorated with awards, including the A valued member of his community, speaker for the class of 2005. He was an Army Achievement Medal, National Specialist Bailey served as a soldier, a active participant in athletics and had Defense Service Medal, Global War on medical dispatcher, and a volunteer made a point to visit his school while Terrorism Service Medal, Army Serv- firefighter. As a firefighter, he worked he was on recent leave. ice Ribbon, and Expert Infantry Badge. as a medical helicopter dispatcher in Teachers and coaches of Specialist He was stationed to A Company, 5th the metropolitan area. As a soldier, he Behrle describe him as a soft-spoken Batallion, 20th Infantry Regiment, 3rd served with the Nebraska National person who came prepared, asked ques- Brigade, 2nd Infantry Division, based Guard’s 755th Chemical Company based tions, and worked hard in both ath- out of Fort Lewis, WA. He passed away in O’Neill, NE. letics and academics. His friends ac- on May 6, 2007, in Baqubah, Iraq, due to As part of this chemical company knowledge his determination in suc- injuries sustained from an improvised within the Army National Guard, Spe- ceeding in the Army, that it was some- explosive device detonated near his cialist Bailey was involved in entering thing he felt he needed to do. military vehicle. This was the cor- areas which may have been chemically While serving his country in Oper- poral’s first deployment. infected and performing detection and ation Iraqi Freedom, Specialist Behrle Corporal Alexander is survived by his evacuation in those areas. He was part passed away on May 19, 2007, due to in- wife Kara, his parents Melvin and of a group providing security convoys juries he sustained when an improvised Monica, and his brother Marshall, all for Iraq; and his unit had been trained explosive device detonated near his ve- of Gretna. I offer my sincere condo- to perform security missions, accord- hicle in Baghdad, Iraq. He was assigned lences to CPL Matthew Alexander’s ing to MG Roger Lempke, commander to the 1st Battalion, 5th Cavalry Regi- family and friends. Our Nation will re- of the Nebraska National Guard. ment, 2nd Brigade Combat Team, 1st member Corporal Alexander as a true Specialist Bailey is remembered as a Cavalry Division, based at Fort Hood, hero for his selflessness and his passion kind and caring member of his commu- TX. as he made the ultimate sacrifice for nity and as someone who was eager for Specialist Behrle is survived by his the good of our Nation. duty. He was a rugged outdoorsman parents, Dixie Pelzer of Tipton, IA, and CHIEF WARRANT OFFICER THREE CHRISTOPHER who loved hunting, motorcycles, and John Behrle, of Columbus, NE. He is M. ALLGAIER firefighting, but loved his wife ‘‘Dee’’ the posthumous recipient of the Bronze Mr. President, I rise today to honor the most. His friend and colleague from Star, the Purple Heart, the Good Con- CWO3 Christopher M. Allgaier, of the fire department, Paul Prewitt, re- duct Medal, and the Combat Infantry- Omaha, NE. marked, ‘‘He loved his family and man’s Badge. Tipton High School re- Chief Warrant Officer Allgaier loved worked hard for them. He had a lot of tired his school football jersey, which to fly. His father, Bob Allgaier of integrity and was a real stand-up guy. carried the number 65. Omaha, said his son’s love of flying He would go out of his way for his I join all Americans today in grieving arose in early childhood, as he was ‘‘al- friends. He will be missed.’’ the loss of a great soldier. SPC David ways picking up little model airplanes Specialist Bailey passed away in Behrle’s bravery and selflessness will and aviation books when he was a kid.’’ Taji, Iraq, on May 25, 2007, due to inju- undoubtedly inspire future generations After graduating from Omaha ries he sustained from an improvised of Americans. The family and friends of Creighton Preparatory High School in explosive device. He had been serving Specialist Behrle are in our thoughts 1991 with a 4.0 grade-point average, he in Operation Iraqi Freedom since No- and prayers.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8938 CONGRESSIONAL RECORD — SENATE July 10, 2007 SPECIALIST VAL JOHN BORM SPECIALIST JOSIAH HOLLOPETER In January of this year, Locker made Mr. President, I rise today to honor Mr. President, I rise today to honor a trip back home after an injury he Army SPC Val John Borm of Sidney, SPC Josiah Hollopeter of Valentine, sustained the prior year when his NE. NE. humvee was struck by a land mine. His Specialist Borm graduated from Sid- Specialist Hollopeter was born in father remembered that during that ney High School in 2005. In his free Ainsworth and grew up in the Valen- visit, both he and his son felt it would time, his father Larry Borm says he tine area. He graduated from Valentine be the last time they were together. liked to play computer games and was High School in 1998. Before joining the While serving with the 82nd Airborne an avid paintball competitor. After service, he worked construction jobs in Division, Staff Sergeant Locker passed graduating from high school, Specialist Omaha, NE, and San Diego, CA. He also away after a suicide bomb exploded on Borm enlisted in the Army. He was spent many summers working for a his base, northeast of Baghdad, on serving as an infantryman in B Com- canoe outfitter along Nebraska’s April 23, 2007. He was 28 years old. pany, 2nd Battalion with the 35th In- Niobrara River. Driven by a desire to Together with his father, Staff Ser- fantry Division, based at Fort Shafter, join other troops fighting in Iraq after geant Locker leaves behind three HI. the September 11, 2001, terrorist at- young sons, ages 7, 4, and 2; two sisters, On Thursday, June 14, 2007, Specialist tacks; to further his education; and to a half-brother, and a half-sister. My Borm passed away when a roadside follow the example of his younger sincere condolences go out to the fam- bomb exploded near his vehicle during brother’s service, 1LT Tyler ily and friends of this brave service- operations in Kirkuk province. Two Hollopeter, as an Army helicopter pilot member. I join our Nation in grieving other soldiers were killed, and one was in Iraq, Specialist Hollopeter enlisted the loss of a true Nebraska hero and in injured in the same attack. He was in the Army in January 2006. But sim- celebrating his memory, his passion for posthumously awarded the Bronze Star ply joining the Army was not all Spe- service, his commitment to our Na- Medal, the Purple Heart, and other cialist Hollopeter wanted to achieve; tion’s future, and his love of our coun- military honors. Specialist Borm was he also strived to become an Army try. 21 years old. sniper. According to his father, Ken f Hollopeter, of Valentine, his skill as a In addition to his father, Specialist MATTHEW SHEPARD ACT OF 2007 Borm is survived by his mother Lolita hunter landed him on a sniper team. and his sister Kimberly, both of Sid- ‘‘There’s a 60 or 70 percent dropout rate Mr. SMITH. Mr. President, I rise ney. I offer my sincere condolences to in that program. It’s a lot of emotional today to speak about the need for hate SPC Val John Borm’s family. He made strength, the ability to concentrate crimes legislation. Each Congress, Sen- the ultimate and most courageous sac- and focus on one goal; he’d accom- ator KENNEDY and I introduce hate rifice in the name of freedom and hope plished most of that in life,’’ said his crimes legislation that would add new to defend liberty. Specialist Borm was father. categories to current hate crimes law, a man of incredible bravery; he will be Specialist Hollopeter completed basic sending a signal that violence of any forever remembered as a hero who sac- training at Fort Knox, KY. He was as- kind is unacceptable in our society. rificed everything for his fellow coun- signed to the 6th Squadron, 9th Cavalry Likewise, each Congress I have come to trymen and -women. Regiment, 3rd Brigade Combat Team, the floor to highlight a separate hate 1st Cavalry Division, based in Fort crime that has occurred in our coun- SERGEANT ADAM G. HEROLD Hood, TX. On Thursday, June 14, 2007, try. Mr. President, I rise today to honor while serving in support of Operation Early in the morning of June 2, 2007, Army SGT Adam G. Herold of Omaha, Iraqi Freedom, Specialist Hollopeter in Lowell, MA, three men severely beat NE. passed away in Balad after suffering 22-year-old James Nickola for being Sergeant Herold attended St. Cecilia wounds when his four-man sniper team gay. Nickola, a transsexual, was walk- Elementary and Omaha Roncalli High came under small-arms fire in al- ing alone on his way home from a School. He earned his high school Muqdadiyah. He was 27 years old and nightclub when the three men began to equivalency certificate in 2004 and had been serving in Iraq since October. follow him. When the men started to joined the Job Corps in Utah to learn a In addition to his father and brother, yell homophobic epithets, Nickola says trade. In 2005, he enlisted in the Army Specialist Hollopeter is survived by his he quickened his pace, but the men and first served in Iraq in October 2006. wife, Heather Hollopeter, of Killeen, were able to catch up to him about 200 On Sunday, June 10, 2007, while serv- Texas; and his mother, Kelly feet from a police substation. The men ing in support of Operation Iraqi Free- Hollopeter, sister, Anna Hollopeter, then attacked, hitting Nickola repeat- dom with the 2nd Battalion, 377th and nephew, Kalen, all of Valentine. edly in the face, knocking him down, Parachute Field Artillery Regiment, I offer my sincere condolences to SPC and continuing to beat him. The assail- 4th Brigade Combat Team (Airborne), Josiah Hollopeter’s family and friends. ants, whose attack partially severed 25th Infantry Division, based in Fort He gave his life to save and honor the Nickola’s lip, allegedly continued to Richardson, AK, Sergeant Herold liberties of America, and his selfless utter homophobic slurs and told him, passed away from injuries received passion and relentless determination to ‘‘we don’t want your kind in this neigh- from the detonation of an improvised achieve this end will not be forgotten. borhood.’’ explosive device near Karbala. Two Specialist Hollopeter will be forever re- I believe that the Government’s first other soldiers were also killed in the membered as a hero who sacrificed ev- duty is to defend its citizens, to defend attack. Then-Specialist Herold was erything for his fellow countrymen and them against the harms that come out posthumously promoted to sergeant women. of hate. The Matthew Shepard Act is a and was awarded the Bronze Star, Pur- STAFF SERGEANT KENNETH E. LOCKER. JR. symbol that can become substance. I ple Heart, and Good Conduct Award. He Mr. President, I rise today to honor believe that by passing this legislation was 23 years old. Army SSG Kenneth E. Locker, Jr., of and changing current law, we can Sergeant Herold is survived by his Burwell, NE. change hearts and minds as well. parents, Lance and Debra Herold, and Staff Sergeant Locker enlisted for f his brothers, Andy and Kyle Herold, all military service while he was still in of Omaha. I offer my sincere condo- high school. His father remembers that REMEMBERING CHARLES W. lences to the family and friends of SGT serving ‘‘was probably the greatest joy LINDBERG Adam Herold. He made the ultimate in his life.’’ He added that Locker Mr. CONRAD. Mr. President, I want and most courageous sacrifice for our viewed his military service as part of to take a moment to remember a North nation. I join all Americans in grieving his responsibility as a father to not Dakota hero who passed away last the loss of this remarkable young man only his own children but to all chil- month. and know that Sergeant Herold’s pas- dren, remarking that ‘‘I’m fighting for About 3 miles straight west of this sion for serving, his leadership, and his the children, Dad—mine, yours, theirs, Senate Chamber lies the Iwo Jima me- selflessness will remain a source of in- everybody’s—that they may have a morial. Its centerpiece is a statue of spiration for us all. safer world to grow up in.’’ six men raising an American flag to

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8939 symbolize the capture of Mount Was it his bravery and courage? Per- porting prisoners in a five-vehicle con- Suribachi and the ensuing U.S. mili- haps it was all those things. In fact, I voy with the U.S. military and Iraqi tary victory at Iwo Jima. would say that the story of Charles police when his vehicle was hit by an On February 23, 1945, a 24-year-old Lindberg presents the best of all that is IED and small arms fire. Colonel But- marine from North Dakota named American. Duty. Honor. Bravery. Sac- ler and one American soldier lost their Charles W. Lindberg played a key role rifice. I am proud to say that Corporal lives. in the events immortalized by the Iwo Lindberg comes from my home State of Colonel Butler’s love of life extended Jima memorial. On that day, he was North Dakota. I am proud to call Cor- beyond the battlefield. An avid runner, part of the group that raised the first poral Lindberg an American. Colonel Butler competed in and com- American flag to fly over Japanese soil Lindberg’s passing serves as a re- pleted the Marine Corps Marathon. in the Second World War. Many names minder to be thankful for the heroic Completing the marathon once is quite from that war stand out in our memo- service of all those who answered the an accomplishment, but Colonel Butler ries: Normandy, Midway, the Battle of call to serve our country. The service embraced the challenge of the mara- the Bulge. But perhaps none stands out of the millions of young men called to thon and completed it multiple times. I like Iwo Jima. duty in World War II—and in all of our was moved to hear that his family will The battle for Iwo Jima was one of nation’s wars—can never be forgotten. run the marathon in Colonel Butler’s the fiercest of the entire war. The We are all touched in some way by he- absence this year. American attack, planned to capture roes like Charles Lindberg, whether Colonel Butler will be buried at Ar- the two airfields on the island and pro- they are our family members, our loved lington Cemetery on August 22 with vide a staging area for B–29 bombing ones, or our neighbors. Let us always full honors. As he departs on his final runs on the Japanese home islands, was remember the debt we owe these he- mission, his memory and legacy will the first invasion of traditionally Japa- roes, and always cherish the freedom not fade from the hearts and minds of nese territory in the war. Fighting on they successfully fought to preserve. all of the people he came across in his the island lasted over a month. Over f life. He will be missed but this Nation 20,000 Americans were injured and 6,825 will never forget. more heroically made the ultimate sac- TRIBUTE TO MICHAEL WAYNE f rifice for their country. BUTLER And on Iwo Jima North Dakota’s Ma- Mr. GRAHAM. Mr. President, I would ADDITIONAL STATEMENTS like to pay tribute to retired Colonel rine Cpl. Charles Lindberg made his 2006 SLOAN AWARD WINNERS mark on history. The indelible image Michael Wayne Butler. On June 12, of the battle for Iwo Jima is of six men 2007, South Carolina lost a true patriot ∑ Mr. ALEXANDER. Mr. President, I raising an American flag atop the is- when Colonel Butler was killed while congratulate the 2006 winners of the land. But those six men were not the working for a contractor near Tikrit, Alfred P. Sloan Award for Business Ex- first group of men to claim Iwo Jima Iraq. He is survived by his wife Joanne, cellence in Workplace Flexibility, for the United States. That honor be- sons Mike and Daniel, and grandson which recognizes companies that have longs to a patrol that included Cor- Da’Kori. successfully used flexibility to meet poral Lindberg. The distinction be- Colonel Butler’s career in the Air both business and employee goals. tween the two was one he spent a life- Force began when he graduated from As I did last year, I wish to draw at- time explaining. the U.S. Air Academy in 1976. Upon tention to the Sloan Awards because I On February 23, Corporal Lindberg graduation, Colonel Butler was com- think these companies are to be com- took his 72-pound flame-thrower to missioned an aircraft maintenance offi- mended for their excellence in pro- enemy pillboxes at the base of Mount cer. Colonel Butler’s career in the Air viding workplace flexibility practices Suribachi and set out for the top with Force was nothing less than distin- which benefit both employees and em- five other marines, an old pipe to be guished. He had the opportunity to ployers. Achieving greater flexibility used as a flagpole, and the American command the 50th Component Repair in the workplace—to maximize produc- flag. They gained the summit and Squadron at Hahn AB, Germany, and tivity while attracting the highest planted the flag. Lindberg recalled that later the 39th Logistics Group at quality employees—is one of the key the flag’s raising created such a com- Incirlik AB, Turkey. In many ways, challenges facing American companies motion of cheers and whistles that it Colonel Butler’s final tour was one of in the 21st century. brought the enemy back out. That his most complicated ones. Responsible For 2006, businesses in the following threat drew Lindberg back to battle, for developing contingency plans and 17 cities were eligible for recognition: and so he missed the raising of the sec- conducting air operations in a 25-na- Boise, ID; Chandler, AZ; Chattanooga, ond flag, which was captured for his- tion area of responsibility covering a TN; Chicago, IL; Greater Dallas/Fort tory and recreated at the Iwo Jima me- large swath of the globe, Colonel But- Worth, TX; Dayton, OH; Detroit, MI; morial. ler served as CENTAF Director of Lo- Durham, NC; Long Beach, CA; Long Is- Lindberg won a Silver Star for his gistics at Shaw AFB in South Carolina. land, NY; New Orleans, LA; Provi- bravery that day, and a Purple Heart After 30 years of distinguished military dence, RI; Richmond, VA; Salt Lake for the injury that led to his evacu- service, earning a Bronze Star, a Meri- City, UT; Seattle, WA; Tampa, FL; and ation from the island less than one torious Service Medal with six oak leaf Washington, DC. The Chamber of Com- week later. Thirty-six members of his clusters, and an Air Force Commenda- merce in each city hosted an inter- 40-man patrol were killed or wounded tion Medal, Colonel Butler took a active business forum to share research while fighting on Iwo Jima, which much deserved retirement from the Air on workplace flexibility as an impor- would rage for a full month after the Force in 2006. tant component of workplace effective- flag-raising. Lindberg was fortunate Continuing his love of travel, Colonel ness. In these same communities, busi- enough to return home, to marry, and Butler trekked around the world with nesses applied for, and winners were se- to live out a somewhat quieter life as his wife after retiring. Though Colonel lected for, the Sloan Awards through a an electrician. Butler would soon be pursuing a new process that included employees’ views On June 24, at the age of 83, he passed calling, the Butlers established a home as well as employer practices. away. He was the last surviving mem- in Rembert, SC. In December of 2006, In Boise, ID, the winners were Amer- ber of the group of heroes who had the Colonel Butler joined DynCorp Inter- ican Geotechnics, American Red Cross honor of raising the first American flag national to be the senior deputy pro- of Greater Idaho, Chatterbox, DJM to fly over Japanese territory. gram manager for CIVPOL. His new oc- Sales & Marketing Inc, Healthwise, What is it that makes a young man cupation sent him to Iraq. Colonel But- Hewlett-Packard Company, Idaho from a simple town like Grand Forks, ler’s experience in the region and his Shakespeare Festival, the Ashley Inn, ND, risk his life the way Corporal dedication to the cause of freedom was and the Cat Doctor. Lindberg did on Iwo Jima? Was it the surely an asset in his new duties. On In Chandler, AZ, the winners were fight for freedom and liberty? Was it his final mission to advance our cause Arizona Spine and Joint Hospital, his patriotism and his love of country? in Iraq, Colonel Butler was trans- Chandler Chamber of Commerce, Civil

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8940 CONGRESSIONAL RECORD — SENATE July 10, 2007 Search International LLC, Clifton In Washington, DC, the winners were are descendants of history and carry Gunderson LLP, Hacienda Builders, Bailey Law Group P.C., Capital One Fi- with them a proud tradition of tenac- Henry & Home LLP, Intel Corporation, nancial, Discovery Communications ity and pride. While Follansbee sits in Jewish News of Greater Phoenix, Mar- Inc., and KPMG LLP. the northern panhandle of West Vir- tinez & Shanken PLLC, RIESTER, The Sloan Awards are presented by ginia, squeezed between Ohio and Penn- State Mortgage, and Technology Pro- the When Work Works initiative, which sylvania on the banks of the Ohio viders Inc. is a project of the Families and Work River, it plays an integral role in West In Chattanooga, TN, the winners Institute in partnership with the Virginia’s economy. were Center for Community Career Institutefor a Competitive Workforce, Follansbee Steel was the first com- Education at the University of Ten- an affiliate of the U.S. Chamber of pany to locate in this small Brooke nessee: Chattanooga, Chattanooga’s Commerce, and the Twiga Foundation. County town, joining steel makers Kids on the Block, First Tennessee The When Work Works initiative is throughout the Ohio River Valley in Bank, G.R. Rush & Company P.C., Jew- sponsored by the Alfred P. Sloan Foun- firing the industrial revolution and ish Community Federation of Greater dation. feeding the Nation’s voracious appetite Chattanooga, and Tricycle Inc. Building on the success of the first 2 for steel as it grew. Follansbee Steel’s In Chicago, IL, the winners are Asso- years, the next phase of the When state-of-the-art roofing products also ciation Forum of Chicagoland, Ernst & Work Works initiative will extend the appeared in the early 19th century and Young, KPMG LLP, and Maxil Tech- number of participating communities played a major role in post–Civil War nology Solutions Inc. to 24 in 2007 to include Aurora, CO; Reconstruction. Later, these materials In Greater Dallas/Fort Worth, TX, Brockton, MA; Cincinnati, OH; Hous- became the products of choice for the winners are Brinker International, ton, TX; Morris County, NJ; Mel- Frank Lloyd Wright, one of the world’s Community Council of Greater Dallas, bourne-Palm Bay, FL; Savannah, GA; most prominent architects. Fleishman-Hillard Dallas, Kaye/ and Winona, MN. Again, I congratulate In fact, when brothers John and Rob- Bassman International, Lee Hecht Har- the 2006 winners of the Sloan Awards, ert Follansbee bought the steel mill rison, McQueary Henry Bowles Troy and I look forward to the continuing near the turn of the 20th century, not LLP, the Beck Group, and the Salva- expansion of this exciting initiative.∑ only did they rename the mill, they tion Army Greater Dallas Metroplex f were the catalyst for forming what is Command. now the city of Follansbee. Before that In Detroit, MI, the winners are Al- PRIVATE FIRST CLASS JONATHAN anyone traveling north of Wellsburg bert Kahn Associates Inc., Amerisure N. MC CART PETERSON along the river would refer to Mahan’s Insurance Company, Brogan & Part- ∑ Mr. NELSON of Nebraska. Mr. Presi- Junction—the name of the owners of ners Convergence Marketing, Detroit dent, today I wish to honor Army PFC the large orchard formerly on the site Parent Network, Detroit Regional Jonathan N. McCart Peterson. of Follansbee. Chamber, Farbman Group, Menlo Inno- Private First Class Peterson was On this day, the 101st anniversary of vations LLC, Rossetti, and Visteon born September 11, 1987, in Liberal, KS. its founding, it is appropriate to look Corporation. to the future which, I am happy to In Durham, NC, the winners are Com- He graduated from McCook High munity Partners, Inc., Dow Reichhold School in May 2005 and joined the note, looks bright for Follansbee, WV. Specialty Latex, Durham’s Partnership Army on July 26 of that year. He at- As the years have passed, the tradition for Children, Nortel, Shodor Education tended basic training at Fort Jackson, of Follansbee Steel remains through Foundation Inc., and the U.S. Environ- SC, and was then stationed at Fort the town’s reservoir of high-quality mental Protection Agency at Research Lewis, WA. He later transferred to labor. Wheeling-Pittsburgh Steel, a Triangle Park. Rose Barracks Army Base near successor of Follansbee Steel, con- In Long Beach, CA, the winners are Vilseck, Germany, where he was an in- tinues to run one of the busiest coke Boys & Girls Clubs of Long Beach, formation systems operator and main- plants in the country, feeding both its Klaris Thomson & Schroeder Inc., Long tainer and worked specifically as a blast furnace and its electric arc fur- Beach Chamber of Commerce, Office local area network manager. nace, while Wheeling-Nisshin is now Furniture Group, Inc., and On Friday, May 25, 2007, Private First one of the largest hot-dip coating mills PeacePartners Inc. Class Peterson passed away at Good in the world. In Long Island, NY, the winner is At- Samaritan Hospital in Kearney as a re- Wheeling Nisshin came to West Vir- lantic HVACR Sales, Inc. sult of an automobile accident. He was ginia in the early 1980s as our very first In Providence, RI, the winners are 19 years old. He is survived by his Japanese business. Since that time we Clarendon Group Inc., Embolden De- mother, Valery A. McCart, of Cam- have seen Japanese companies embrace sign Inc., Lefkowitz Garfinkel Champi bridge; two sisters, Jessica M. Peterson West Virginia throughout the State. & DeRienzo P.C., and Rhode Island and her son, Nikolas Malleck, of This joint venture between a Japanese Housing. McCook, and Jayme L. Peterson of steel company and Wheeling Pitt was In Richmond, VA, the winners are Kearney. years ahead of its time, taking advan- Bon Secours Richmond Health System, I offer my sincere condolences to the tage of the increasing globalization of Capital One Financial, and Lee Hecht family and friends of PFC Jonathan the steel industry and using it to West Harrison. Peterson during this time of heart- Virginia’s advantage. In Salt Lake City, UT, the winners break. Even in death, his selfless serv- With its large industry and its small are Carter & Burgess Inc., Cooper Rob- ice to our country was evident. As an businesses and local professionals, erts Simonsen Associates, Creative organ donor, he undoubtedly saved Follansbee is just the type of small Expresssions, Jones Waldo Holbrook & many lives. Few Americans ever American town we think of and in McDonough P.C., McKinnon-Mulherin achieve as much as Private First Class which we take pride. It is a community Inc., Stayner Bates & Jensen P.C., and Peterson did in such a tragically short with strong roots and a tremendous Utah Food Services. life. He will be forever remembered as sense of local pride. Each summer its In Seattle, WA, the winners were a hero.∑ residents gather for Follansbee Com- ColorsNW Magazine, DHI Technologies f munity Days, bringing residents, their Inc., Macy’s Northwest, National Court families, and former residents together Appointed Special Advocate, CASA, FOLLANSBEE’S 101ST from far and wide to celebrate their Association, NRG::Seattle, Personnel ANNIVERSARY shared sense of community. Management Systems, Inc., Puget ∑ Mr. ROCKEFELLER. Mr. President, I Mr. President, I hope my colleagues Sound Center for Teaching, Learning, wish to commemorate the 101st anni- in the Senate will join me in marking and Technology, U.S. Government Ac- versary of Follansbee, WV—a great this 101st anniversary of the founding countability Office, and WithinReach. community with great people and an of Follansbee. The legacy of that town In Tampa, FL, the winners were important part of our State. is long, its history rich—but it is the Kingery & Crouse, and Retail Merchan- Follansbee is a town whose legacy service it has provided the country dising Xpress. was forged in steel. Its 3,000 residents that will be felt for a long, long time.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8941 To mayor Tony Paesano and the people AJ76) received on July 5, 2007; to the Com- EC–2452. A communication from the Attor- of Follansbee, may the next 101 years mittee on Banking, Housing, and Urban Af- ney Advisor, Office of the Secretary, Depart- be as successful and peaceful as the fairs. ment of Transportation, transmitting, pur- EC–2442. A communication from the First first.∑ suant to law, (3) reports relative to vacancy Vice President and Controller, Federal Home announcements within the Department, re- f Loan Bank of Boston, transmitting, pursu- ceived on July 9, 2007; to the Committee on EXECUTIVE AND OTHER ant to law, the Bank’s 2006 management re- Commerce, Science, and Transportation. port; to the Committee on Banking, Housing, EC–2453. A communication from the Ad- COMMUNICATIONS and Urban Affairs. ministrator, Energy Information Adminis- The following communications were EC–2443. A communication from the Con- tration, Department of Energy, transmit- laid before the Senate, together with troller, Federal Home Loan Bank of Des ting, pursuant to law, a report entitled accompanying papers, reports, and doc- Moines, transmitting, pursuant to law, the ‘‘International Energy Outlook 2007’’; to the Bank’s 2006 management report; to the Com- uments, and were referred as indicated: Committee on Energy and Natural Re- mittee on Banking, Housing, and Urban Af- sources. EC–2433. A communication from the Gen- fairs. EC–2454. A communication from the Acting eral Counsel, National Credit Union Admin- EC–2444. A communication from the Sec- Director, Office of Surface Mining, Depart- istration, transmitting, pursuant to law, the retary of Commerce, transmitting, pursuant ment of the Interior, transmitting, pursuant report of a rule entitled ‘‘Uninsured Sec- to law, a six-month report on the national to law, the report of a rule entitled ‘‘Virginia ondary Capital’’ (12 C.F.R. Parts 701 and 741) emergency with respect to the threat to the Regulatory Program’’ (Docket No. VA–123– received on July 5, 2007; to the Committee on U.S. economy caused by the lapse of the Ex- FOR) received on July 5, 2007; to the Com- Banking, Housing, and Urban Affairs. port Administration Act of 1979 that was de- mittee on Energy and Natural Resources. EC–2434. A communication from the Staff clared in Executive Order 13222 of August 17, EC–2455. A communication from the Assist- Attorney, Office of General Counsel, Na- 2001; to the Committee on Banking, Housing, ant Director, Fisheries and Habitat Con- tional Credit Union Administration, trans- and Urban Affairs. servation, Department of the Interior, transmitting, pursuant to law, the report of a rule EC–2445. A communication from the Sec- mitting, pursuant to law, the report of a rule entitled ‘‘Technical Amendments’’ (RIN3133– retary of the Treasury, transmitting, pursu- entitled ‘‘Injurious Wildlife Species; Silver AD36) received on July 5, 2007; to the Com- ant to law, a six-month report on the na- Carp and Largescale Silver Carp’’ (RIN1018- mittee on Banking, Housing, and Urban Af- tional emergency with respect to the former AT29) received on July 9, 2007; to the Com- Liberian regime of Charles Taylor that was fairs. mittee on Environment and Public Works. EC–2435. A communication from the Chief declared in Executive Order 13222 of August EC–2456. A communication from the Acting Counsel, Federal Emergency Management 17, 2001; to the Committee on Banking, Hous- Chair, Federal Subsistence Board, Depart- Agency, Department of Homeland Security, ing, and Urban Affairs. ment of the Interior, transmitting, pursuant EC–2446. A communication from the Sec- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Subsist- retary of Housing and Urban Development, a rule entitled ‘‘Changes in Flood Elevation ence Management Regulations for Public transmitting, proposed legislation intended Determinations’’ (Docket No. FEMA–B–7716) Lands in Alaska, Subpart C: Nonrural Deter- to reauthorize the American Dream Down received on July 9, 2007; to the Committee on minations’’ (RIN1018-AT99) received on July Payment Act; to the Committee on Banking, Banking, Housing, and Urban Affairs. 9, 2007; to the Committee on Environment Housing, and Urban Affairs. EC–2436. A communication from the Chief and Public Works. Counsel, Federal Emergency Management EC–2447. A communication from the Acting Director, Office of Sustainable Fisheries, De- EC–2457. A communication from the Assist- Agency, Department of Homeland Security, ant Secretary of the Army (Civil Works), transmitting, pursuant to law, the report of partment of Commerce, transmitting, pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report rel- a rule entitled ‘‘Changes in Flood Elevation ‘‘Fisheries of the Exclusive Economic Zone ative to the Administration’s position on Determinations’’ (72 FR 31463) received on Off Alaska; Yellowfin Sole by Vessels Using budgeting for the Unalaska, Alaska Naviga- July 9, 2007; to the Committee on Banking, Trawl Gear in the Bering Sea and Aleutian tion Improvement Project; to the Committee Housing, and Urban Affairs. Islands Management Area’’ (RIN0648–XA75) on Environment and Public Works. EC–2437. A communication from the Chief received on July 9, 2007; to the Committee on EC–2458. A communication from the Prin- Counsel, Federal Emergency Management Commerce, Science, and Transportation. cipal Deputy Associate Administrator, Office Agency, Department of Homeland Security, EC–2448. A communication from the Acting of Policy, Economics and Innovation, Envi- transmitting, pursuant to law, the report of Director, Office of Sustainable Fisheries, De- ronmental Protection Agency, transmitting, a rule entitled ‘‘Changes in Flood Elevation partment of Commerce, transmitting, pursu- pursuant to law, the report of a rule entitled Determinations’’ (72 FR 31461) received on ant to law, the report of a rule entitled ‘‘National Pollutant Discharge Elimination July 9, 2007; to the Committee on Banking, ‘‘Fisheries of the Exclusive Economic Zone System—Suspension of Regulations Estab- Housing, and Urban Affairs. Off Alaska; Pacific Cod by Catcher Vessels lishing Requirements for Cooling Water In- EC–2438. A communication from the Chief Less than 60 Feet LOA Using Pot or Hook- take Structures at Phase II Existing Facili- Counsel, Federal Emergency Management and-Line Gear in the Bering Sea and Aleu- ties’’ ((RIN2040-AD62)(FRL No. 8336-9)) re- Agency, Department of Homeland Security, tian Islands Management Area’’ (RIN0648– ceived on July 5, 2007; to the Committee on transmitting, pursuant to law, the report of XA70) received on July 9, 2007; to the Com- Environment and Public Works. a rule entitled ‘‘Changes in Flood Elevation mittee on Commerce, Science, and Transpor- EC–2459. A communication from the Prin- Determinations’’ (72 FR 31460) received on tation. cipal Deputy Associate Administrator, Office July 9, 2007; to the Committee on Banking, EC–2449. A communication from the Assist- of Policy, Economics and Innovation, Envi- Housing, and Urban Affairs. ant Secretary, Transportation Security Ad- ronmental Protection Agency, transmitting, EC–2439. A communication from the Assist- ministration, Department of Homeland Se- pursuant to law, the report of a rule entitled ant to the Board, Federal Reserve Board, curity , transmitting, pursuant to law, a re- ‘‘Withdrawal of Federal Marine Aquatic Life transmitting, pursuant to law, the report of port relative to the Administration’s deci- Water Quality Criteria for Toxic Pollutants a rule entitled ‘‘Regulation E (Electronic sion to enter into a contract with a private Applicable to Washington State’’ (FRL No. Fund Transfers)’’ (Docket No. R–1270) re- security screening company to provide 8337-2) received on July 5, 2007; to the Com- ceived on June 28, 2007; to the Committee on screening services; to the Committee on mittee on Environment and Public Works. Banking, Housing, and Urban Affairs. Commerce, Science, and Transportation. EC–2460. A communication from the Prin- EC–2440. A communication from the Sec- EC–2450. A communication from the Assist- cipal Deputy Associate Administrator, Office retary, Division of Corporation Finance and ant Administrator for Fisheries, National of Policy, Economics and Innovation, Envi- Office of the Chief Accountant, Securities Marine Fisheries Service, Department of ronmental Protection Agency, transmitting, and Exchange Commission, transmitting, Commerce, transmitting, pursuant to law, pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Final Rule Im- ‘‘Approval and Promulgation of Air Quality ‘‘Amendments to Rules Regarding Manage- plementing Amendment 13 to the Atlantic Implementation Plans; Virginia; Redesigna- ment’s Report on Internal Control Over Fi- Sea Scallop Fishery Management Plan’’ tion of the Hampton Roads Nonattainment nancial Reporting; and Commission Guid- (RIN0648–AV39) received on July 9, 2007; to Area to Attainment and Approval of the ance Regarding Management’s Report on In- the Committee on Commerce, Science, and Area’s Maintenance Plan and 2002 Base-Year ternal Control Over Financial Reporting Transportation. Inventory; Correction’’ (FRL No. 8335-1) re- Under Section 13(a) or 15(d) of the Securities EC–2451. A communication from the Assist- ceived on July 5, 2007; to the Committee on Exchange Act of 1934’’ (RIN3235–AJ58) re- ant Administrator for Fisheries, National Environment and Public Works. ceived on July 5, 2007; to the Committee on Marine Fisheries Service, Department of EC–2461. A communication from the Prin- Banking, Housing, and Urban Affairs. Commerce, transmitting, pursuant to law, cipal Deputy Associate Administrator, Office EC–2441. A communication from the Sec- the report of a rule entitled ‘‘Atlantic Highly of Policy, Economics and Innovation, Envi- retary, Division of Market Regulation, Secu- Migratory Species; Atlantic Bluefin Tuna ronmental Protection Agency, transmitting, rities and Exchange Commission, transmit- Quota Specifications and Effort Controls’’ pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- ((RIN0648–AU87)(I.D. 030507A)) received on ‘‘Approval and Promulgation of Air Quality titled ‘‘Rule 10a–1; Rule 200 of Regulation July 9, 2007; to the Committee on Commerce, Implementation Plans; Ohio Rules to Con- SHO; Rule 201 of Regulations SHO’’ (RIN3235– Science, and Transportation. trol Emissions from Hospital, Medical, and

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8942 CONGRESSIONAL RECORD — SENATE July 10, 2007 Infectious Waste Management’’ (FRL No. of Policy, Economics and Innovation, Envi- Excise Taxes Under Section 4695’’ ((RIN1545- 8335-5) received on July 5, 2007; to the Com- ronmental Protection Agency, transmitting, BG20)(TD 9334)) received on July 6, 2007; to mittee on Environment and Public Works. pursuant to law, the report of a rule entitled the Committee on Finance. EC–2462. A communication from the Prin- ‘‘Pesticide Tolerance Nomenclature Changes; EC–2480. A communication from the Chief cipal Deputy Associate Administrator, Office Technical Amendment’’ (FRL No. 8131–3) re- of the Publications and Regulations Branch, of Policy, Economics and Innovation, Envi- ceived on June 28, 2007; to the Committee on Internal Revenue Service, Department of the ronmental Protection Agency, transmitting, Environment and Public Works. Treasury, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled EC–2470. A communication from the Prin- report of a rule entitled ‘‘Employee Plans ‘‘Approval and Promulgation of Implementa- cipal Deputy Associate Administrator, Office Compliance Resolution System’’ (Rev. Proc. tion Plans and Designation of Areas for Air of Policy, Economics and Innovation, Envi- 2007-49) received on July 6, 2007; to the Com- Quality Planning Purposes; Kentucky: Re- ronmental Protection Agency, transmitting, mittee on Finance. designation of the Kentucky Portion of the a document recently issued by the Agency EC–2481. A communication from the Acting Louisville 8-Hour Ozone Nonattainment Area entitled ‘‘Interpretation of ’Ambient Air’ in Social Security Regulations Officer, Office of to Attainment for Ozone’’ (FRL No. 8335-4) Situations Involving Leased Land Under the Disability and Income Security Programs, received on July 5, 2007; to the Committee on Regulations for Prevention of Significant Social Security Administration, transmit- Environment and Public Works. Deterioration’’; to the Committee on Envi- ting, pursuant to law, the report of a rule en- EC–2463. A communication from the Prin- ronment and Public Works. titled ‘‘Extension of the Expiration Date for cipal Deputy Associate Administrator, Office EC–2471. A communication from the Chief Several Body System Listings’’ (RIN0960- of Policy, Economics and Innovation, Envi- of the Publications and Regulations Branch, AG51) received on July 5, 2007; to the Com- ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the mittee on Finance. pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the EC–2482. A communication from the Assist- ‘‘Determination of Attainment, Approval report of a rule entitled ‘‘Safe Harbor Meth- ant Secretary, Office of Legislative Affairs, and Promulgation of Implementation Plans od of Accounting for Advance Trade Dis- Department of State, transmitting, pursuant and Designation of Areas for Air Quality counts’’ (Rev. Proc. 2007-53) received on July to law, a report relative to the continued Planning Purposes; Ohio; Correction’’ (FRL 5, 2007; to the Committee on Finance. compliance by certain countries with the No. 8335-6) received on July 5, 2007; to the EC–2472. A communication from the Chief 1974 Trade Act; to the Committee on Fi- Committee on Environment and Public of the Publications and Regulations Branch, nance. Works. Internal Revenue Service, Department of the EC–2483. A communication from the Chair- EC–2464. A communication from the Prin- Treasury, transmitting, pursuant to law, the man, Medicare Payment Advisory Commis- cipal Deputy Associate Administrator, Office report of a rule entitled ‘‘Elimination of sion, transmitting, pursuant to law, a report of Policy, Economics and Innovation, Envi- Schedule P from Form 5500 Series’’ (An- entitled ‘‘Report to the Congress: Promoting ronmental Protection Agency, transmitting, nouncement 2007-63) received on July 5, 2007; Greater Efficiency in Medicare’’; to the Com- a copy of a document recently issued by the to the Committee on Finance. mittee on Finance. Agency entitled ‘‘Estimation of Relative EC–2473. A communication from the Chief EC–2484. A communication from the Presi- Bioavailability of Lead in Soil and Soil-Like of the Publications and Regulations Branch, dent of the United States, transmitting, pur- Materials Using In Vivo and In Vitro Meth- Internal Revenue Service, Department of the suant to law, a report relative to the waiver ods’’; to the Committee on Environment and Treasury, transmitting, pursuant to law, the of the application of subsections 402(a) and Public Works . report of a rule entitled ‘‘Revenue Ruling on (b) of the Trade Act of 1974 with respect to EC–2465. A communication from the Prin- Nonexempt Employees’ Trusts’’ (Rev. Rul. Turkmenistan; to the Committee on Fi- cipal Deputy Associate Administrator, Office 2007-48) received on July 5, 2007; to the Com- nance. of Policy, Economics and Innovation, Envi- EC–2485. A communication from the Chair- ronmental Protection Agency, transmitting, mittee on Finance. EC–2474. A communication from the Chief man, United States International Trade pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, Commission, transmitting, pursuant to law, ‘‘Amendments to National Emission Stand- Internal Revenue Service, Department of the the Commission’s Annual Report for fiscal ards for Hazardous Air Pollutants for Pri- Treasury, transmitting, pursuant to law, the year 2006; to the Committee on Finance. mary Copper Smelting and Secondary Cop- report of a rule entitled ‘‘Fortuity and Insur- EC–2486. A communication from the Sec- per Smelting Area Sources’’ ((RIN2060- retary of Health and Human Services, trans- AO46)(FRL No. 8334-4)) received on June 28, ance’’ (Rev. Rul. 2007-47) received on July 5, mitting, pursuant to law, a report relative to 2007; to the Committee on Environment and 2007; to the Committee on Finance. EC–2475. A communication from the Chief the use and effectiveness of funds appro- Public Works. EC–2466. A communication from the Prin- of the Publications and Regulations Branch, priated to the Medicaid Integrity Program cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the during fiscal year 2006; to the Committee on of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the Finance. ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Research Agree- EC–2487. A communication from the Assist- pursuant to law, the report of a rule entitled ments’’ (Rev. Proc. 2007-47) received on June ant Legal Adviser for Treaty Affairs, Depart- ‘‘Approval and Promulgation of Air Quality 28, 2007; to the Committee on Finance. ment of State, transmitting, pursuant to the Implementation Plans; Pennsylvania; Redes- EC–2476. A communication from the Chief Case-Zablocki Act, 1 U.S.C. 112b, as amended, ignation of the Lancaster 8-Hour Ozone Non- of the Publications and Regulations Branch, the report of the texts and background state- attainment Area to Attainment and Ap- Internal Revenue Service, Department of the ments of international agreements, other proval of the Area’s Maintenance Plan and Treasury, transmitting, pursuant to law, the than treaties (List 2007-135-2007-142); to the 2002 Base-Year Inventory’’ (FRL No. 8333-6) report of a rule entitled ‘‘Rotable Spare Committee on Foreign Relations. received on June 28, 2007; to the Committee Parts’’ (Rev. Proc. 2007-48) received on June EC–2488. A communication from the Assist- on Environment and Public Works. 28, 2007; to the Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- EC–2467. A communication from the Prin- EC–2477. A communication from the Chief ment of State, transmitting, pursuant to the cipal Deputy Associate Administrator, Office of the Publications and Regulations Branch, Case-Zablocki Act, 1 U.S.C. 112b, as amended, of Policy, Economics and Innovation, Envi- Internal Revenue Service, Department of the the report of the texts and background state- ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the ments of international agreements, other pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Application of Sec- than treaties (List 2007–126—2007–134); to the ‘‘Approval and Promulgation of Air Quality tion 83 When Post-Grant Restrictions are Committee on Foreign Relations. Implementation Plans; Pennsylvania; Redes- Imposed on Vested Stock’’ (Rev. Rul. 2007-49) EC–2489. A communication from the Assist- ignation of the Tioga County Ozone Non- received on July 6, 2007; to the Committee on ant Legal Adviser for Treaty Affairs, Depart- attainment Area to Attainment and Ap- Finance. ment of State, transmitting, pursuant to the proval of the Area’s Maintenance Plan and EC–2478. A communication from the Chief Case-Zablocki Act, 1 U.S.C. 112b, as amended, 2002 Base Year Inventory’’ (FRL No. 8333-7) of the Publications and Regulations Branch, the report of the texts and background state- received on June 28, 2007; to the Committee Internal Revenue Service, Department of the ments of international agreements, other on Environment and Public Works. Treasury, transmitting, pursuant to law, the than treaties (List 2007–118—2007–125); to the EC–2468. A communication from the Prin- report of a rule entitled ‘‘Temporary Regula- Committee on Foreign Relations. cipal Deputy Associate Administrator, Office tions Under Section 6033(a)(2) Relating to EC–2490. A communication from the Assist- of Policy, Economics and Innovation, Envi- Disclosure Obligations With Respect to Pro- ant Legal Adviser for Treaty Affairs, Depart- ronmental Protection Agency, transmitting, hibited Tax Shelter Transactions’’ ((RIN1545- ment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled BG19)(TD 9335)) received on July 6, 2007; to law, reports relative to agreements entered ‘‘Extension of the Deferred Effective Date for the Committee on Finance. into with Taiwan; to the Committee on For- 8-Hour Ozone National Ambient Air Quality EC–2479. A communication from the Chief eign Relations. Standards for the Denver Early Action Com- of the Publications and Regulations Branch, EC–2491. A communication from the Assist- pact’’ (FRL No. 8332-2) received on June 28, Internal Revenue Service, Department of the ant Secretary, Office of Legislative Affairs, 2007; to the Committee on Environment and Treasury, transmitting, pursuant to law, the Department of State, transmitting, pursuant Public Works. report of a rule entitled ‘‘Final and Tem- to law, the certification of a proposed license EC–2469. A communication from the Prin- porary Regulations Relating to the Require- for the export of defense articles and defense cipal Deputy Associate Administrator, Office ment of a Return to Accompany Payment of services relative to the co-development of

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8943 the Galaxy Express space launch vehicle up- Department of Health and Human Services, INTRODUCTION OF BILLS AND grade program with Japan; to the Committee transmitting, pursuant to law, the report of JOINT RESOLUTIONS on Foreign Relations. a rule entitled ‘‘Implementation of the Office EC–2492. A communication from the Assist- of OMB Guidance on Nonprocurement Debar- The following bills and joint resolu- ant Secretary, Office of Legislative Affairs, ment and Suspension’’ (45 CFR Parts 74 and tions were introduced, read the first Department of State, transmitting, pursuant 76) received on July 5, 2007; to the Committee and second times by unanimous con- to law, the certification of a proposed license on Homeland Security and Governmental Af- sent, and referred as indicated: for the sale of materials related to F–5E/F fairs. By Mr. CASEY (for himself and Mr. fighter aircraft from the Government of Jor- EC–2503. A communication from the Chair- SPECTER): dan to the Government of Kenya; to the man, Council of the District of Columbia, S. 1755. A bill to amend the Richard B. Rus- Committee on Foreign Relations. transmitting, pursuant to law, a report on sell National School Lunch Act to make per- EC–2493. A communication from the Assist- D.C. Act 17–62, ‘‘District of Columbia School manent the summer food service pilot ant Secretary, Office of Legislative Affairs, Reform Property Disposition Clarification project for rural areas of Pennsylvania and Department of State, transmitting, pursuant Temporary Amendment Act of 2007’’ received apply the program to rural areas of every to law, the certification of a proposed license on June 28, 2007; to the Committee on Home- State; to the Committee on Agriculture, Nu- for the export of defense articles and defense land Security and Governmental Affairs. trition, and Forestry. services relative to the launch of satellites EC–2504. A communication from the Direc- By Mr. BINGAMAN (for himself, Mr. from the Pacific Ocean utilizing a modified tor, Office of Personnel Management, trans- oil platform to Russia, Ukraine, and Norway; DOMENICI, Mr. AKAKA, and Ms. MUR- mitting, a legislative proposal entitled KOWSKI) (by request): to the Committee on Foreign Relations. ‘‘Lump-Sum Payments for Annual Levee EC–2494. A communication from the Direc- S. 1756. A bill to provide supplemental ex Simplification Act of 2007’’; to the Com- gratia compensation to the Republic of the tor, Regulations Policy and Management mittee on Homeland Security and Govern- Staff, Department of Health and Human Marshall Islands for impacts of the nuclear mental Affairs. testing program of the United States, and for Services, transmitting, pursuant to law, the EC–2505. A communication from the Dep- report of a rule entitled ‘‘Orthopedic De- other purposes; to the Committee on Energy uty White House Liaison, Department of and Natural Resources. vices; Reclassification of the Intervertebral Justice, transmitting, pursuant to law, (11) Body Fusion Device’’ (Docket No. 2006N–0019) By Mr. AKAKA (by request): reports relative to vacancy announcements S. 1757. A bill to amend title 38, United received on July 9, 2007; to the Committee on within the Department, received on July 9, Health, Education, Labor, and Pensions. States Code, to extend or make permanent 2007; to the Committee on the Judiciary. EC–2495. A communication from the Ad- certain authorities for veterans’ benefits, ministrator, Office of Policy Development f and for other purposes; to the Committee on Veterans’ Affairs. and Research, Department of Labor, trans- REPORTS OF COMMITTEES mitting, pursuant to law, the report of a rule By Mr. KENNEDY (for himself, Mr. entitled ‘‘Senior Community Service Em- The following reports of committees HARKIN, and Mr. DODD): ployment Program; Performance Account- were submitted: S. 1758. A bill to amend the Public Health Service Act to help individuals with func- ability; Interim Rule’’ (RIN1205–AB47) re- By Mr. LEAHY, from the Committee on tional impairments and their families pay ceived on July 6, 2007; to the Committee on Appropriations, with an amendment in the for services and supports that they need to Health, Education, Labor, and Pensions. nature of a substitute: maximize their functionality and independ- EC–2496. A communication from the Direc- H.R. 2764. A bill making appropriations for ence and have choices about community par- tor, Regulations Policy and Management the Department of State, foreign operations, ticipation, education, and employment, and Staff, Department of Health and Human and related programs for the fiscal year end- for other purposes; to the Committee on Fi- Services, transmitting, pursuant to law, the ing September 30, 2008, and for other pur- nance. report of a rule entitled ‘‘Listing of Color poses (Rept. No. 110–128). By Mr. GRASSLEY (for himself, Mr. Additives Subject to Certification’’ (Docket By Mr. KENNEDY, from the Committee on KOHL, and Mr. THUNE): No. 1995C–0286) received on July 6, 2007; to Health, Education, Labor, and Pensions, S. 1759. A bill to provide for the review of the Committee on Health, Education, Labor, with an amendment in the nature of a sub- agricultural mergers and acquisitions by the and Pensions. stitute: Department of Justice, and for other pur- EC–2497. A communication from the Direc- S. 1642. A bill to extend the authorization poses; to the Committee on the Judiciary. tor, Regulations Policy and Management of programs under the Higher Education Act By Mr. BROWN (for himself and Mr. Staff, Department of Health and Human of 1965, and for other purposes. BURR): Services, transmitting, pursuant to law, the By Mr. KENNEDY, from the Committee on S. 1760. A bill to amend the Public Health report of a rule entitled ‘‘Human Cells, Tis- Health, Education, Labor, and Pensions, Service Act with respect to the Healthy sue, and Cellular and Tissue-Based Products; without amendment: Start Initiative; to the Committee on Donor Screening and Testing, and Related S. 1762. An original bill to provide for rec- Health, Education, Labor, and Pensions. Labeling’’ (Docket No. 1997N–0484T) received onciliation pursuant to section 602 of the By Mr. KERRY (for himself and Mr. on July 9, 2007; to the Committee on Health, concurrent resolution on the budget for fis- KENNEDY): Education, Labor, and Pensions. cal year 2008 (S. Con. Res. 21). EC–2498. A communication from the Dis- S. 1761. A bill to authorize the Secretary of trict of Columbia Auditor, transmitting, pur- f Transportation to contract with an inde- suant to law, a report entitled ‘‘Letter Re- EXECUTIVE REPORTS OF COMMIT- pendent engineer to review the construction methods of certain Federal highway projects, port: Responses to Specific Questions Re- TEES RECEIVED DURING AD- garding the District’s Ballpark’’; to the Com- to require States to submit a project man- mittee on Homeland Security and Govern- JOURNMENT agement plan for each highway project fi- mental Affairs. Under the authority of the order of nanced with Federal funds, and for other EC–2499. A communication from the Direc- the Senate of June 29, 2007, the fol- purposes; to the Committee on Environment tor for Acquisition Management and Finan- lowing executive reports of nomina- and Public Works. cial Assistance, Department of Commerce, By Mr. KENNEDY: transmitting, pursuant to law, a report rel- tions were submitted on July 3, 2007: S. 1762. An original bill to provide for rec- ative to the Department’s fiscal year 2006 in- Mr. INOUYE. Mr. President, for the onciliation pursuant to section 602 of the ventory; to the Committee on Homeland Se- Committee on Commerce, Science, and concurrent resolution on the budget for fis- curity and Governmental Affairs. Transportation I report favorably the cal year 2008 (S. Con. Res. 21); from the Com- EC–2500. A communication from the Dis- following nomination lists which were mittee on Health, Education, Labor, and trict of Columbia Auditor, transmitting, pur- printed in the RECORDS on the dates in- Pensions; placed on the calendar. suant to law, a report entitled ‘‘Letter Re- dicated, and ask unanimous consent, to f port: Auditor’s Preliminary Findings from save the expense of reprinting on the Examination of Contract Between the Office SUBMISSION OF CONCURRENT AND of Contracting and Procurement and Executive Calendar that these nomina- SENATE RESOLUTIONS tions lie at the Secretary’s desk for the Venable, Baetjer and Howard, LLP’’; to the The following concurrent resolutions Committee on Homeland Security and Gov- information of Senators. ernmental Affairs. The PRESIDING OFFICER. Without and Senate resolutions were read, and EC–2501. A communication from the Chair- objection, it is so ordered. referred (or acted upon), as indicated: man, Council of the District of Columbia, Coast Guard nomination of Jason D. By Mr. MCCONNELL: transmitting, pursuant to law, a report on Rimington, 8958, to be Lieutenant. S. Res. 266. A resolution making minority D.C. Act 17–63, ‘‘Fiscal Year 2008 Budget Sup- Coast Guard nomination of Jeffery J. party appointments for the 110th Congress; port Act of 2007’’ received on July 5, 2007; to Rasnake, 8595, to be Lieutenant. considered and agreed to. the Committee on Homeland Security and By Mrs. HUTCHISON (for herself, Mr. Governmental Affairs. (Nominations without an asterisk CORNYN, and Mr. BINGAMAN): EC–2502. A communication from the Regu- were reported with the recommenda- S. Res. 267. A resolution honoring the life lations Coordinator, Office of the Secretary, tion that they be confirmed.) of renowned painter and writer Tom Lea on

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8944 CONGRESSIONAL RECORD — SENATE July 10, 2007 the 100th anniversary of his birth and com- WYDEN) was added as a cosponsor of S. added as cosponsors of S. 961, a bill to mending the City of El Paso for recognizing 579, a bill to amend the Public Health amend title 46, United States Code, to July 2007 as ‘‘Tom Lea Month’’; considered Service Act to authorize the Director provide benefits to certain individuals and agreed to. of the National Institute of Environ- who served in the United States mer- f mental Health Sciences to make grants chant marine (including the Army ADDITIONAL COSPONSORS for the development and operation of Transport Service and the Naval research centers regarding environ- Transport Service) during World War S. 329 mental factors that may be related to II, and for other purposes. At the request of Mr. CRAPO, the the etiology of breast cancer. S 1038 name of the Senator from Pennsyl- . S. 651 At the request of Mr. CORNYN, the vania (Mr. CASEY) was added as a cosponsor of S. 329, a bill to amend title At the request of Mr. HARKIN, the name of the Senator from Washington XVIII of the Social Security Act to name of the Senator from New Jersey (Ms. CANTWELL) was added as a cospon- provide coverage for cardiac rehabilita- (Mr. MENENDEZ) was added as a cosponsor of S. 1038, a bill to amend the Inter- tion and pulmonary rehabilitation sor of S. 651, a bill to help promote the nal Revenue Code of 1986 to expand services. national recommendation of physical workplace health incentives by equal- activity to kids, families, and commu- izing the tax consequences of employee S. 396 nities across the United States. athletic facility use. At the request of Mr. DORGAN, the S. 1070 name of the Senator from Rhode Island S. 742 At the request of Mrs. LINCOLN, the (Mr. WHITEHOUSE) was added as a co- At the request of Mrs. MURRAY, the name of the Senator from Colorado sponsor of S. 396, a bill to amend the name of the Senator from New Jersey (Mr. SALAZAR) was added as a cospon- Internal Revenue Code of 1986 to treat (Mr. LAUTENBERG) was added as a co- sor of S. 1070, a bill to amend the So- controlled foreign corporations in tax sponsor of S. 742, a bill to amend the cial Security Act to enhance the social havens as domestic corporations. Toxic Substances Control Act to re- security of the Nation by ensuring ade- S. 399 duce the health risks posed by asbes- tos-containing products, and for other quate public-private infrastructure and At the request of Mr. BUNNING, the to resolve to prevent, detect, treat, in- name of the Senator from Maine (Ms. purposes. S. 746 tervene in, and prosecute elder abuse, SNOWE) was added as a cosponsor of S. neglect, and exploitation, and for other At the request of Mr. ALLARD, the 399, a bill to amend title XIX of the So- purposes. cial Security Act to include podiatrists name of the Senator from Wisconsin S. 1213 as physicians for purposes of covering (Mr. KOHL) was added as a cosponsor of S. 746, a bill to establish a competitive At the request of Mr. LUGAR, the physicians services under the Medicaid name of the Senator from Indiana (Mr. program. grant program to build capacity in vet- BAYH) was added as a cosponsor of S. S. 404 erinary medical education and expand the workforce of veterinarians engaged 1213, a bill to give States the flexibility At the request of Mr. WYDEN, his to reduce bureaucracy by streamlining name was added as a cosponsor of S. in public health practice and bio- medical research. enrollment processes for the Medicaid 404, a bill to amend the Agricultural and State Children’s Health Insurance S. 860 Marketing Act of 1946 to require the Programs through better linkages with At the request of Mr. SMITH, the implementation of country of origin la- programs providing nutrition and rename of the Senator from South Da- beling requirements by September 30, lated assistance to low-income fami- kota (Mr. JOHNSON) was added as a co- 2007. lies. sponsor of S. 860, a bill to amend title S. 456 S. 1233 XIX of the Social Security Act to per- At the request of Mrs. FEINSTEIN, the At the request of Mr. CRAIG, the mit States the option to provide Med- name of the Senator from Kansas (Mr. name of the Senator from Idaho (Mr. icaid coverage for low-income individ- ROBERTS) was added as a cosponsor of CRAPO) was added as a cosponsor of S. uals infected with HIV. S. 456, a bill to increase and enhance 1233, a bill to provide and enhance law enforcement resources committed S. 881 intervention, rehabilitative treatment, to investigation and prosecution of vio- At the request of Mrs. LINCOLN, the and services to veterans with trau- lent gangs, to deter and punish violent names of the Senator from Pennsyl- matic brain injury, and for other pur- gang crime, to protect law-abiding citi- vania (Mr. CASEY) and the Senator poses. EAHY zens and communities from violent from Vermont (Mr. L ) were added S. 1258 as cosponsors of S. 881, a bill to amend criminals, to revise and enhance crimi- At the request of Ms. CANTWELL, the nal penalties for violent crimes, to ex- the Internal Revenue Code of 1986 to name of the Senator from Washington extend and modify the railroad track pand and improve gang prevention pro- (Mrs. MURRAY) was added as a cospon- grams, and for other purposes. maintenance credit. sor of S. 1258, a bill to amend the Rec- S. 458 S. 921 lamation Safety of Dams Act of 1978 to At the request of Mr. VITTER, his At the request of Mrs. LINCOLN, the authorize improvements for the secu- name was added as a cosponsor of S. name of the Senator from Louisiana rity of dams and other facilities. 458, a bill to amend title XVIII of the (Ms. LANDRIEU) was added as a cospon- S. 1322 Social Security Act to provide for the sor of S. 921, a bill to amend title XVIII At the request of Mrs. LINCOLN, the treatment of certain physician pathol- of the Social Security Act to provide names of the Senator from Vermont ogy services under the Medicare pro- for the coverage of marriage and fam- (Mr. LEAHY) and the Senator from gram. ily therapist services and mental Rhode Island (Mr. WHITEHOUSE) were S. 543 health counselor services under part B added as cosponsors of S. 1322, a bill to At the request of Mr. NELSON of Ne- of the Medicare program, and for other amend the Internal Revenue Code of braska, the name of the Senator from purposes. 1986 to improve the operation of em- Illinois (Mr. OBAMA) was added as a co- S. 960 ployee stock ownership plans, and for sponsor of S. 543, a bill to improve At the request of Mrs. CLINTON, the other purposes. Medicare beneficiary access by extend- name of the Senator from Hawaii (Mr. S. 1450 ing the 60 percent compliance thresh- INOUYE) was added as a cosponsor of S. At the request of Mr. KOHL, the name old used to determine whether a hos- 960, a bill to establish the United of the Senator from Montana (Mr. pital or unit of a hospital is an inpa- States Public Service Academy. TESTER) was added as a cosponsor of S. tient rehabilitation facility under the S. 961 1450, a bill to authorize appropriations Medicare program. At the request of Mr. NELSON of Ne- for the Housing Assistance Council. S. 579 braska, the names of the Senator from S. 1451 At the request of Mr. REID, the name Texas (Mrs. HUTCHISON) and the Sen- At the request of Mr. WHITEHOUSE, of the Senator from Oregon (Mr. ator from Oregon (Mr. WYDEN) were the name of the Senator from Ohio

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8945 (Mr. BROWN) was added as a cosponsor (Mr. FEINGOLD) was added as a cospon- AMENDMENT NO. 2009 of S. 1451, a bill to encourage the devel- sor of S. 1711, a bill to target cocaine At the request of Ms. CANTWELL, the opment of coordinated quality reforms kingpins and address sentencing dis- names of the Senator from Idaho (Mr. to improve health care delivery and re- parity between crack and powder co- CRAIG) and the Senator from Idaho (Mr. duce the cost of care in the health care caine. CRAPO) were added as cosponsors of system. S. 1714 amendment No. 2009 intended to be pro- S. 1478 At the request of Mr. KERRY, the posed to H.R. 1585, to authorize appro- At the request of Ms. CANTWELL, the name of the Senator from Michigan priations for fiscal year 2008 for mili- name of the Senator from Rhode Island (Mr. LEVIN) was added as a cosponsor of tary activities of the Department of (Mr. REED) was added as a cosponsor of S. 1714, a bill to establish a multi- Defense, for military construction, and S. 1478, a bill to provide lasting protec- agency nationwide campaign to edu- for defense activities of the Depart- tion for inventoried roadless areas cate small business concerns about ment of Energy, to prescribe military within the National Forest System. health insurance options available to personnel strengths for such fiscal S. 1494 children. year, and for other purposes. At the request of Mr. DORGAN, the AMENDMENT NO. 2012 S. 1717 name of the Senator from Montana At the request of Mr. WEBB, the At the request of Mr. CASEY, his (Mr. TESTER) was added as a cosponsor names of the Senator from New Jersey name was added as a cosponsor of S. of S. 1494, a bill to amend the Public (Mr. LAUTENBERG), the Senator from 1717, a bill to require the Secretary of Health Service Act to reauthorize the Oregon (Mr. WYDEN), the Senator from Agriculture, acting through the Dep- special diabetes programs for Type I di- South Dakota (Mr. JOHNSON), the Sen- uty Chief of State and Private Forestry abetes and Indians under that Act. ator from Hawaii (Mr. INOUYE) and the organization, to provide loans to eligi- At the request of Mr. DOMENICI, the Senator from New Jersey (Mr. MENEN- ble units of local government to fi- name of the Senator from New Jersey DEZ) were added as cosponsors of nance purchases of authorized equip- (Mr. MENENDEZ) was added as a cospon- amendment No. 2012 proposed to H.R. ment to monitor, remove, dispose of, sor of S. 1494, supra. 1585, to authorize appropriations for and replace infested trees that are lo- S. 1545 fiscal year 2008 for military activities cated on land under the jurisdiction of At the request of Mr. SALAZAR, the of the Department of Defense, for mili- the eligible units of local government names of the Senator from Louisiana tary construction, and for defense ac- and within the borders of quarantine (Ms. LANDRIEU) and the Senator from tivities of the Department of Energy, areas infested by the emerald ash Missouri (Mrs. MCCASKILL) were added to prescribe military personnel borer, and for other purposes. as cosponsors of S. 1545, a bill to imple- strengths for such fiscal year, and for ment the recommendations of the Iraq S. 1747 other purposes. Study Group. At the request of Mr. SPECTER, the AMENDMENT NO. 2014 S. 1555 name of the Senator from Iowa (Mr. At the request of Mr. HAGEL, the At the request of Mr. LAUTENBERG, GRASSLEY) was added as a cosponsor of name of the Senator from Maine (Ms. the name of the Senator from Illinois S. 1747, a bill to regulate the judicial SNOWE) was added as a cosponsor of (Mr. OBAMA) was added as a cosponsor use of presidential signing statements amendment No. 2014 intended to be pro- of S. 1555, a bill to establish certain du- in the interpretation of Act of Con- posed to H.R. 1585, to authorize appro- ties for pharmacies to ensure provision gress. priations for fiscal year 2008 for mili- of Food and Drug Administration-ap- S. 1748 tary activities of the Department of proved contraception, and for other At the request of Mr. COLEMAN, the Defense, for military construction, and purposes. names of the Senator from New Hamp- for defense activities of the Depart- S. 1603 shire (Mr. GREGG), the Senator from ment of Energy, to prescribe military At the request of Mr. MENENDEZ, the Nevada (Mr. ENSIGN) and the Senator personnel strengths for such fiscal name of the Senator from Minnesota from Florida (Mr. MARTINEZ) were year, and for other purposes. (Mr. COLEMAN) was added as a cospon- added as cosponsors of S. 1748, a bill to AMENDMENT NO. 2019 sor of S. 1603, a bill to authorize Con- prevent the Federal Communications gress to award a gold medal to Jerry At the request of Mr. LEVIN, the Commission from repromulgating the Lewis, in recognition of his out- name of the Senator from Illinois (Mr. fairness doctrine. standing service to the Nation. DURBIN) was added as a cosponsor of AMENDMENT NO. 2000 S. 1607 amendment No. 2019 intended to be pro- At the request of Mr. BAUCUS, the At the request of Mr. NELSON of Flor- posed to H.R. 1585, to authorize appro- name of the Senator from Georgia (Mr. ida, the names of the Senator from priations for fiscal year 2008 for mili- ISAKSON) was added as a cosponsor of S. Maine (Ms. SNOWE) and the Senator tary activities of the Department of 1607, a bill to provide for identification from Washington (Ms. CANTWELL) were Defense, for military construction, and of misaligned currency, require action added as cosponsors of amendment No. for defense activities of the Depart- to correct the misalignment, and for 2000 intended to be proposed to H.R. ment of Energy, to prescribe military other purposes. 1585, to authorize appropriations for personnel strengths for such fiscal S. 1649 fiscal year 2008 for military activities year, and for other purposes. At the request of Mr. FEINGOLD, the of the Department of Defense, for mili- AMENDMENT NO. 2020 names of the Senator from Maryland tary construction, and for defense ac- At the request of Mr. COLEMAN, the (Ms. MIKULSKI) and the Senator from tivities of the Department of Energy, names of the Senator from New Hamp- Minnesota (Mr. COLEMAN) were added to prescribe military personnel shire (Mr. GREGG), the Senator from as cosponsors of S. 1649, a bill to pro- strengths for such fiscal year, and for Nevada (Mr. ENSIGN) and the Senator vide for 2 programs to authorize the other purposes. from Arizona (Mr. MCCAIN) were added use of leave by caregivers for family AMENDMENT NO. 2006 as cosponsors of amendment No. 2020 members of certain individuals per- At the request of Mr. SESSIONS, the intended to be proposed to H.R. 1585, to forming military service, and for other name of the Senator from New York authorize appropriations for fiscal year purposes. (Mrs. CLINTON) was added as a cospon- 2008 for military activities of the De- S. 1705 sor of amendment No. 2006 intended to partment of Defense, for military con- At the request of Mrs. CLINTON, the be proposed to H.R. 1585, to authorize struction, and for defense activities of name of the Senator from Rhode Island appropriations for fiscal year 2008 for the Department of Energy, to prescribe (Mr. WHITEHOUSE) was added as a co- military activities of the Department military personnel strengths for such sponsor of S. 1705, a bill to prevent nu- of Defense, for military construction, fiscal year, and for other purposes. clear terrorism, and for other purposes. and for defense activities of the De- AMENDMENT NO. 2021 S. 1711 partment of Energy, to prescribe mili- At the request of Mr. SPECTER, the At the request of Mr. BIDEN, the tary personnel strengths for such fiscal name of the Senator from Iowa (Mr. name of the Senator from Wisconsin year, and for other purposes. GRASSLEY) was added as a cosponsor of

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8946 CONGRESSIONAL RECORD — SENATE July 10, 2007 amendment No. 2021 intended to be pro- children get food? Sadly, the answer is There being no objection, the text of posed to H.R. 1585, to authorize appro- that many of them go hungry. the bill was ordered to be printed in priations for fiscal year 2008 for mili- Traditionally, the majority of spon- the RECORD, as follows: tary activities of the Department of sors and sites participating in the S. 1755 Defense, for military construction, and Summer Food Service Program have Be it enacted by the Senate and House of Rep- for defense activities of the Depart- tended to be located in urban areas. As resentatives of the United States of America in ment of Energy, to prescribe military we know, however, hunger is not just Congress assembled, personnel strengths for such fiscal an urban issue. Thanks to the tremen- SECTION 1. SHORT TITLE. year, and for other purposes. dous effort by Congressman PLATTS, This Act may be cited as the ‘‘Summer AMENDMENT NO. 2022 the Child Nutrition Act of 2004 recog- Food Service Rural Expansion Act’’. At the request of Mr. LEAHY, the nized the void of such programs in pre- SEC. 2. SUMMER FOOD SERVICE PILOT PROGRAM names of the Senator from West Vir- FOR RURAL AREAS OF PENNSYL- dominantly rural areas and established VANIA MADE PERMANENT AND AP- ginia (Mr. BYRD), the Senator from a 2-year pilot program to increase par- PLIED TO RURAL AREAS OF EVERY New Mexico (Mr. BINGAMAN), the Sen- ticipation rates in rural communities. STATE. ator from Illinois (Mr. OBAMA) and the The existing Summer Food Service Section 13(a)(9) of the Richard B. Russell Senator from New York (Mrs. CLINTON) Program is available to areas in which National School Lunch Act (42 U.S.C. were added as cosponsors of amend- at least 50 percent of the children are 1761(a)(9)) is amended— (1) in the paragraph heading by striking ment No. 2022 intended to be proposed eligible for free or reduced price school ‘‘EXEMPTION’’ and inserting ‘‘APPLICABILITY to H.R. 1585, to authorize appropria- meals. However, to encourage more TO RURAL AREAS’’; and tions for fiscal year 2008 for military sponsors and more sites to participate (2) in subparagraph (A), by striking ‘‘For activities of the Department of De- in the program, the pilot allowed that each of calendar years 2005 and 2006 in rural fense, for military construction, and threshold to be reduced to 40 percent in areas of the State of Pennsylvania’’ and infor defense activities of the Depart- rural communities. serting ‘‘For calendar year 2007 and each cal- ment of Energy, to prescribe military The pilot, which ran in my home endar year thereafter, in rural areas of a State’’. personnel strengths for such fiscal state during calendar years 2005 and year, and for other purposes. 2006, was a tremendous success. During By Mr. BINGAMAN (for himself, At the request of Mr. SPECTER, the the first year of the pilot program, 20 name of the Senator from California Mr. DOMENICI, Mr. AKAKA, and sponsors offered 40 meal sites in rural Ms. MURKOWSKI) (by request): (Mrs. FEINSTEIN) was added as a co- areas. Of the sponsors, 8 were new spon- sponsor of amendment No. 2022 in- S. 1756. A bill to provide supple- sors of the program and 12 were spon- mental ex gratia compensation to the tended to be proposed to H.R. 1585, sors in the prior years who added meal supra. Republic of the Marshall Islands for sites. During the first year of the pro- impacts of the nuclear testing program f gram, the total numbers of meals of the United States, and for other pur- STATEMENTS ON INTRODUCED served in rural communities increased poses; to the Committee on Energy and BILLS AND JOINT RESOLUTIONS by 73,000 meals, or 11 percent over the Natural Resources. previous year. By the second year, By Mr. CASEY (for himself and Mr. BINGAMAN. Mr. President, there were 9 new sponsors, 16 returning today, I am pleased to introduce the Mr. SPECTER): sponsors, and 77 pilot sites; and the S. 1755. A bill to amend the Richard Republic of the Marshall Islands Sup- number of meals served increased over B. Russell National School Lunch Act plemental Nuclear Compensation Act the previous year by an additional 4.3 to make permanent the summer food at the request of the President of the percent, or 31,000 meals. service pilot project for rural areas of Republic of the Marshall Islands, the Unfortunately, because of the expira- Pennsylvania and apply the program to Honorable Kessai Note. For over 50 tion of the pilot program, 37 of the rural areas of every State; to the Com- years, the Committee on Energy and sites established under the pilot will mittee on Agriculture, Nutrition, and Natural Resources, and its predecessor not be able to participate this summer. Forestry. committees, have worked with the gov- Mr. CASEY. Mr. President, I rise That means nearly half of the children ernment of the Marshall Islands to re- today to introduce the Summer Food who participated in this program over spond to the tragic consequences of the Service Rural Expansion Act. This bill the past 2 years will no longer be able U.S. nuclear weapons tests that were will provide critical meals to children to count on receiving nutritious meals conducted in the islands from 1946 to living in poverty in rural areas. I am during the summer months. 1958, when the islands were a district of pleased to introduce this bill with Sen- For this reason, I am introducing leg- the U.S.-administered, U.N. Trust Ter- ator SPECTER. Congressman PLATTS is islation to help not only the children of ritory of the Pacific Islands. introducing companion legislation in Pennsylvania, but also the needy chil- The U.S. nuclear testing program the House of Representatives. dren in rural areas of every single raises powerful emotions, and difficult During the summer, low-income chil- State who deserve access to nutritious legal and political issues which com- dren lose their access to regular daily lunches during the summer months. plicate discussion. Of particular con- school meals. The Summer Food Serv- Through this bill, the Summer Food cern to some is that the question of the ice Program is intended to help fill this Service Pilot Program for rural areas adequacy of the compensation paid by nutritional gap by providing summer would become a permanent program the U.S. is now before the U.S. Court of meals to children from low-income and would apply to rural areas of every Claims. On May 10, I met with Presi- families who receive school meals. State beginning in calendar year 2007 dent Note during his trip to Wash- For those of my colleagues who do and each calendar year thereafter. ington and we discussed our shared de- not know much about the Summer Through this bill, the numbers of chil- sire to move forward on several issues. Food Service Program, it was author- dren participating in the program will We agreed that is it important for our ized through the National School dramatically increase, and needy chil- nations to continue to work together Lunch Act of 1968. The program allows dren in rural areas throughout the on other matters which are not in liti- the U.S. Department of Agriculture to country will receive nutritious meals gation, such as possible adjustments to provide grants to nonprofit food service they might not otherwise get during programs that are important to the programs that in turn provide meals the summer months. communities affected by the tests. for children from low-income families I urge all of my colleagues to join in I compliment President Note for his through sites such as nonprofit the effort to combat childhood hunger leadership, and for his thoughtful rec- schools, local governments, and non- in rural areas by cosponsoring the ommendation on how to approach profit summer camps. Yet, despite the Summer Food Service Rural Expansion these sensitive issues. The President best efforts of this program, only 2 in Act. proposed the introduction of legisla- 10 low-income children who receive I ask unanimous consent that the tion, at his request, that would propose school lunch also receive summer food text of the bill be printed in the solutions on several issues that are not when school is out. So where do these RECORD. before the court. This would allow the

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8947 committee to hear formally from the such requests for assistance that I Four Atoll Health Care Program: administration and from the RMI gov- agree with President Note should be Section 177 of the Compact approved ernment on whether the proposals given consideration by the Congress. the legal settlement of claims result- should be adopted, or whether to con- Runit Island: Between 1977 and 1980, ing from the nuclear testing program sider alternatives. I concur in this ap- the U.S. conducted a cleanup of some and provided $150 million to capitalize proach along with several of my col- of the contaminated areas of Enewetak the Trust Fund. Among the uses for leagues on the committee and we are Atoll where 43 tests were conducted. these funds was an allocation of $2 mil- committed to working with the RMI Some of the contaminated soil and de- lion annually to provide health care for and the administration to seek agree- bris was relocated to Runit Island, those communities most affected by ment. mixed with concrete, and placed in It is important to note that any fur- Cactus crater that had been formed by the tests: Enewetak, Bikini, Rongelap ther compensation provided by the U.S. one of the tests. Under the compact’s and Utrik. However, practical problems under this act would be made on an ex nuclear claims settlement, the Mar- developed with the program. First, en- gratia basis. U.S. administration of the shall Islands accepted full legal respon- rollment was expanded beyond those RMI ended in 1986 when the RMI gained sibility for, and control over the utili- members of the communities who were sovereign self-government pursuant to zation of areas in the Marshall Islands likely to have been exposed to radi- the Compact of Free Association, as affected by the testing. In addition, ation, so that the funds available for approved by the Compact Act, P.L. 99– however, the 1986 Compact Act, P.L. 99– each beneficiary was significantly re- 239. The compact provides two methods 239, reaffirmed the 1980 authorization, duced. Second, the Fund became de- of compensation, under the legal set- under P.L. 96–205, for a program now pleted and the $2 million annual pay- tlement and under an authorization for operated by the U.S. Department of ment was terminated in 2003. To con- ex gratia assistance. Section 177 of the Energy, DOE, for medical care and en- tinue some level of service under the compact approved a legal settlement vironmental monitoring relating to the program, the RMI and the U.S. Con- which provided: a $150 million Nuclear testing program. Since then, the people gress continued to contribute funds on Claims Trust Fund; the establishment of Enewetak Atoll have from time-to- of the Nuclear Claims Tribunal to adju- a discretionary basis until a longer- time asked DOE to include monitoring term solution could be developed. Dur- dicate claims and pay awards; and it of conditions at Runit within the scope allows the RMI to request additional ing a trip to the RMI in the summer of of DOE’s environmental monitoring 2006, Senate staff met with officials of compensation if there are ‘‘changed program in order to assure the people the RMI Ministry of Health and of the circumstances,’’ that is, if information living on other islands in Enewetak 177 Healthcare Program and outlined a and injuries come to light after the set- Atoll that there is no health risk from possible new approach for supple- tlement date which renders compensa- the material at Runit. DOE’s whole tion under the settlement inadequate. body measurements of people living in mental health care. Instead of pro- Congress also included an authoriza- the atoll shows that there is no in- viding benefits to a pool of enrolled tion, under subsection 105(c) of the creased risk and DOE has indicated beneficiaries, the funding would be tar- Compact Act, for additional ex gratia that additional surveys should be care- geted geographically to support a pri- compensation to the communities of fully considered by Congress. Section 2 mary care clinic in each of the affected the northern atolls of Bikini, of this act would direct the Secretary communities. This approach has the Enewetak, Rongelap and Utrik, and for of Energy, as a part of the existing advantage of assuring primary health supplemental health care. care in these remote outer island com- In 2000, the RMI submitted a petition monitoring program, to periodically to Congress contending that there have survey radiological conditions regard- munities and of avoiding the problem been ‘‘changed circumstances’’ and re- ing Runit and report to the Congress. of over-subscription of the program in Energy Employees Occupational Ill- questing some $3 billion for payment of the urban centers where hospital facili- the Tribunal’s personal injury awards, ness Compensation Program, ties are available. EEOICPA: This program was enacted replenishment of the Trust Fund, pay- Section 4 of the bill would authorize in 2001 to provide compensation for ment of the Tribunal’s property dam- $2 million annually through 2023 for age awards, funding for national health DOE and contractor employees associated with the Nation’s nuclear weapons the continuation of this approach of care infrastructure and operations, and supporting health care clinics in the monitoring of Runit Island in program. During Senate debate, I submitted a list of facilities intended to be outer island communities most af- Enewetak Atoll by a U.S. agency. fected by the tests. I believe that this In 2005, the Committee on Energy covered which included ‘‘Marshall Is- proposal is an appropriate place to con- and Natural Resources held a hearing lands Test Sites, but only for the pe- tinue the discussion with the RMI and on the petition, S. Hrg. 109–178, and the riod after December 31, 1958.’’ However, administration testified in opposition the 75 Marshall Islands citizens who ap- U.S. officials on how supplemental to additional compensation on the plied to the program were denied on health care assistance to the RMI basis that the requests did not meet the basis that Congress did not intend could most effectively be used in the the necessary legal tests: that injuries the law to cover those who were not future to meet the needs of affected or damage must be a result of the nu- U.S. citizens. I believe that this was an communities. clear tests; that they have arisen or incorrect reading of Congressional in- Impact Assessment: Underlying the been discovered after the effective date tent and I can find nothing in the stat- debate between the U.S. and the RMI of the settlement; and that they could ute or legislative history that supports regarding compensation for injuries re- not reasonably have been identified as this conclusion. It is important to rec- sulting from the testing program is a of the effective date of the settlement. ognize that during the testing and fundamental dispute over the extent of clean-up period the Marshall Islands The administration and other wit- the affected area. The U.S. believes was a district of the U.S.-administered, nesses also questioned the RMI’s con- that the effects were practically lim- U.N. Trust Territory of the Pacific Is- tention that radiation affected an area ited to the four northern atolls of beyond the four northern atolls of the lands, and that the U.S. and its con- Rongelap, Utrik, Bikini, and Marshall Islands, and questioned the tractors employed workers from the Enewetak. However, the RMI and the policies and methodologies used by the Marshall Islands and from neighboring Tribunal in determining eligibility for Districts in the Trust Territory. Nuclear Claims Tribunal took the posi- compensation and the amount of Section 3 of this act would clarify tion that all 1958 residents of the RMI awards. Nevertheless, the report by the that former Trust Territory citizens would be eligible to file claims for inju- administration on the RMI petition are eligible, and it would coordinate ries resulting from the tests. Section 5 noted that, while certain requests do benefits with the Compact of Free As- of the bill is intended to resolve this not qualify as changed circumstances, sociation so that if a person received dispute by having the National Acad- ‘‘such programs might be desirable’’. compensation under the compact, that emy of Sciences conduct an assessment The legislation being introduced amount would be deducted from any of the health impacts of the testing today has provisions regarding four award received under the EEOICPA. program.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8948 CONGRESSIONAL RECORD — SENATE July 10, 2007 It is my intention to hold a hearing ‘‘(1) the Compact of Free Association be- By Mr. KENNEDY (for himself, on the bill later this year. I look for- tween the Government of the United States Mr. HARKIN, and Mr. DODD): ward to continuing to work with Presi- of America and the Governments of the Mar- S. 1758. A bill to amend the Public dent Note, my colleagues, and the ad- shall Islands and the Federated States of Mi- Health Service Act to help individuals cronesia (48 U.S.C. 1901 note); and with functional impairments and their ministration on these proposals to re- ‘‘(2) the Compact of Free Association be- spond, in part, to the legacy of our Na- tween the Government of the United States families pay for services and supports tion’s nuclear testing program in the of America and the Government of Palau (48 that they need to maximize their Islands. U.S.C. 1931 note). functionality and independence and I ask unanimous consent that the ‘‘(b) COORDINATION.—Subject to subsection have choices about community partici- text of the bill be printed in the (c), an individual who has been awarded com- pation, education, and employment, RECORD. pensation under this subtitle, and who has and for other purposes; to the Com- There being no objection, the text of also received compensation benefits under mittee on Finance. the Compact of Free Association by reason Mr. KENNEDY. Mr. President, I rise the bill was ordered to be printed in of the same covered illness, shall receive the the RECORD, as follows: compensation awarded under this subtitle re- today to introduce the Community S. 1756 duced by the amount of any compensation Living Assistance Services and Sup- Be it enacted by the Senate and House of Rep- benefits received under the Compact of Free ports Act, the CLASS Act. This impor- resentatives of the United States of America in Association, other than medical benefits and tant piece of legislation builds on the Congress assembled, benefits for vocational rehabilitation that promise and possibilities of the Ameri- SECTION 1. SHORT TITLE. the individual received by reason of the cov- cans with Disabilities Act by helping This Act may be cited as the ‘‘Republic of ered illness, after deducting the reasonable the large numbers of Americans who costs (as determined by the Secretary) of ob- the Marshall Islands Supplemental Nuclear struggle every day to live productive Compensation Act of 2007’’. taining those benefits under the Compact of Free Association. lives in their communities. SEC. 2. CONTINUED MONITORING ON RUNIT IS- Too many Americans are perfectly LAND. ‘‘(c) WAIVER.—The Secretary may waive Section 103(f)(1) of the Compact of Free As- the application of subsection (b) if the Sec- capable of living a life in the commu- sociation Amendments Act of 2003 (48 U.S.C. retary determines that the administrative nity, but are denied the supports they 1921b(f)(1)) is amended— costs and burdens of applying subsection (b) need. (1) by striking ‘‘Notwithstanding’’ and in- to a particular case or class of cases justifies They languish in needless cir- serting the following: the waiver.’’. cumstances with no choice about how ‘‘(A) IN GENERAL.—Notwithstanding’’; and SEC. 4. FOUR ATOLL HEALTH CARE PROGRAM. or where to obtain these services. (2) by adding at the end the following: Section 103(h) of the Compact of Free Asso- Too often, they have to give up the ‘‘(B) CONTINUED MONITORING ON RUNIT IS- ciation Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the American Dream, the dignity of a job, LAND.— a home, and a family, so they can qual- ‘‘(i) IN GENERAL.—Effective beginning Jan- following: uary 1, 2008, the Secretary of Energy shall, as ‘‘(4) SUPPLEMENTAL HEALTH CARE FUND- ify for Medicaid, the only program that a part of the Marshall Islands program con- ING.— will support them. ducted under subparagraph (A), periodically ‘‘(A) IN GENERAL.—In addition to amounts The bill we propose is a long overdue (but not less frequently than every 4 years) provided under section 211 of the U.S.-RMI effort to offer greater dignity, greater survey radiological conditions on Runit Is- Compact (48 U.S.C. 1921 note), the Secretary hope, and greater opportunity. land. of the Interior shall annually use the It makes a simple pact with all amounts made available under subparagraph ‘‘(ii) REPORT.—The Secretary shall submit Americans—‘‘If you work hard and con- (B) to supplement health care in the commu- to the Committee on Energy and Natural Re- tribute, society will take care of you sources of the Senate, and the Committee on nities affected by the nuclear testing program of the United States, including capital when you fall on hard times.’’ Natural Resources of the House of Rep- The concept is clear, everyone can resentatives, a report that describes the re- and operational support of outer island pri- sults of each survey conducted under clause mary healthcare facilities of the Ministry of contribute and everyone can win. We (i), including any significant changes in con- Health of the Republic of the Marshall Is- all benefit when no one is left behind. ditions on Runit Island.’’. lands in the communities of— For only $30 a month, a person who ‘‘(i) Enewetak Atoll, SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER pays into the program will receive ei- ENERGY EMPLOYEES OCCUPA- ‘‘(ii) Kili (until the resettlement of Bikini); ther $50 or $100 a day, based on their TIONAL ILLNESS COMPENSATION ‘‘(iii) Majetto Island in Kwajalein Atoll ability to carry out basic daily activi- PROGRAM ACT OF 2000. (until the resettlement of Rongelap Atoll); ties. and (a) DEFINITIONS FOR PROGRAM ADMINISTRA- They themselves will decide how this TION.—Section 3621 of the Energy Employees ‘‘(iv) Utrik Atoll. Occupational Illness Compensation Program ‘‘(B) FUNDING.—As authorized by section assistance will be spent, on transpor- Act of 2000 (42 U.S.C. 7384l) is amended by 105(c), there is appropriated to the Secretary tation so they can stay employed, or adding at the end the following: of the Interior, out of funds in the Treasury on a ramp to make their home more ‘‘(18) The terms ‘covered employee’, ‘atom- not otherwise appropriated, to carry out this accessible, or to cover the cost of a per- ic weapons employee’, and ‘Department of paragraph $2,000,000 for each of fiscal years sonal care attendant or a family care- Energy contractor employee’ (as defined in 2007 through 2023, as adjusted for inflation in giver. paragraphs (1), (3), and (11), respectively) in- accordance with section 218 of the U.S.-FSM It will help keep families together, clude a citizen of the Trust Territory of the Compact and the U.S.-RMI Compact, to re- instead of being torn apart by obstacles Pacific Islands who is otherwise covered by main available until expended.’’. that discourage them from staying at that paragraph.’’. SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF (b) DEFINITION OF COVERED DOE CON- THE MARSHALL ISLANDS. home. TRACTOR EMPLOYEE.—Section 3671(1) of the (a) IN GENERAL.—The Secretary of the In- The bill will strengthen job opportu- Energy Employees Occupational Illness terior shall enter into an agreement with the nities for people with disabilities at a Compensation Program Act of 2000 (42 U.S.C. National Academy of Sciences under which time when 70 percent are unemployed. 7385s(1)) is amended by inserting before the the National Academy of Sciences shall con- They have so much to contribute and period at the end the following: ‘‘, including duct an assessment of the health impacts of the bill will help them do it. a citizen of the Trust Territory of the Pacific the United States nuclear testing program It will save on the mushrooming Islands who is otherwise covered by this conducted in the Republic of the Marshall Is- health care costs for Medicaid, the Na- paragraph’’. lands on the residents of the Republic of the (c) COORDINATION OF BENEFITS WITH RE- Marshall Islands. tion’s primary insurer of long-term SPECT TO THE COMPACT OF FREE ASSOCIA- (b) REPORT.—On completion of the assess- care services, which also forces bene- TION.—Subtitle E of the Energy Employees ment under subsection (a), the National ficiaries to give up their jobs and live Occupational Illness Compensation Program Academy of Sciences shall submit to Con- in poverty before they become eligible Act of 2000 (42 U.S.C. 7385s et seq.) is amend- gress, the Secretary, the Committee on En- for assistance. ed by inserting after section 3682 (42 U.S.C. ergy and Natural Resources of the Senate, The CLASS Act is a hopeful new ap- 7385s–11) the following: and the Committee on Natural Resources of proach to restoring independence and ‘‘SEC. 3682a. COORDINATION OF BENEFITS WITH the House of Representatives, a report on the choice for millions of these persons and RESPECT TO THE COMPACT OF results of the assessment. FREE ASSOCIATION. (c) AUTHORIZATION OF APPROPRIATIONS.— enabling them to take greater control ‘‘(a) DEFINITION OF COMPACT OF FREE ASSO- There are authorized to be appropriated such of their lives. CIATION.—In this section, the term ‘Compact sums as are necessary to carry out this sec- It is time to respect the rights and of Free Association’ means— tion. dignity of all Americans, and I look

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8949 forward to working with my colleagues Center for Military History in Washington, SA 2033. Mr. DODD submitted an amend- to see this bill enacted into law. D.C. and others have been loaned to exhibi- ment intended to be proposed by him to the tions worldwide; bill H.R. 1585, supra; which was ordered to lie f Whereas Texas A&M University Press on the table. SUBMITTED RESOLUTIONS plans to publish the war diaries of Tom Lea SA 2034. Mrs. MURRAY submitted an in 2008; amendment intended to be proposed by her Whereas Tom Lea wrote and illustrated 4 to the bill H.R. 1585, supra; which was or- SENATE RESOLUTION 266—MAKING novels and 2 nonfiction works, including The dered to lie on the table. MINORITY PARTY APPOINT- Brave Bulls (1948) and The Wonderful Coun- SA 2035. Mrs. MURRAY submitted an try (1952), both of which were adapted as amendment intended to be proposed by her MENTS FOR THE 110TH CON- to the bill H.R. 1585, supra; which was or- GRESS screenplays for motion pictures, and a 2-vol- ume annotated history of the King Ranch; dered to lie on the table. Mr. MCCONNELL submitted the fol- Whereas Tom Lea excelled at painting por- SA 2036. Mrs. MURRAY submitted an lowing resolution; which was consid- traits for public buildings in Washington, amendment intended to be proposed by her to the bill H.R. 1585, supra; which was or- D.C. and at capturing the likenesses of indi- ered and agreed to: dered to lie on the table. viduals as diverse as Sam Rayburn, Benito S. RES. 266 SA 2037. Mr. COLEMAN submitted an Juarez, Claire Chennault, Madame Chiang Resolved, That the following be the minor- amendment intended to be proposed by him Kai-shek, and the bullfighter Manolete; ity membership on the following committees to the bill H.R. 1585, supra; which was or- Whereas Tom Lea was honored with nu- for the remainder of the 110th Congress, or dered to lie on the table. merous awards, including the Navy Distin- until their successors are appointed: SA 2038. Mr. COLEMAN (for himself and guished Public Service Award, the United The Committee on Energy and Natural Re- Ms. KLOBUCHAR) submitted an amendment States Marine Corps’ Colonel John W. sources: Mr. Domenici, Mr. Craig, Ms. Mur- intended to be proposed by him to the bill Thomason, Jr. Award, and the National Cow- kowski, Mr. Burr, Mr. DeMint, Mr. Corker, H.R. 1585, supra; which was ordered to lie on boy and Western Heritage Museum’s Great Mr. Barrasso, Mr. Sessions, Mr. Smith, Mr. the table. Westerners Award; Bunning, and Mr. Martinez; SA 2039. Mr. COLEMAN (for himself and The Committee on Environment and Pub- Whereas the paintings of Tom Lea hang in Ms. KLOBUCHAR) submitted an amendment lic Works: Mr. Inhofe, Mr. Warner, Mr. the Oval Office of the White House, the intended to be proposed by him to the bill Voinovich, Mr. Isakson, Mr. Vitter, Mr. Smithsonian American Art Museum, the H.R. 1585, supra; which was ordered to lie on Barrasso, Mr. Craig, Mr. Alexander and Mr. United States Army Center for Military His- the table. Bond; tory, the Dallas Museum of Art, the El Paso SA 2040. Mr. COLEMAN (for himself and The Committee on Finance: Mr. Grassley, Museum of Art, the University of Texas at El Ms. KLOBUCHAR) submitted an amendment Mr. Hatch, Mr. Lott, Ms. Snowe, Mr. Kyl, Paso, Texas A&M University, and the Uni- intended to be proposed by him to the bill Mr. Smith, Mr. Bunning, Mr. Crapo, Mr. Rob- versity of Texas at Austin; H.R. 1585, supra; which was ordered to lie on erts and Mr. Ensign; Whereas Tom Lea enjoyed living on the the table. The Committee on Indian Affairs: Ms. Mur- east side of Mount Franklin in El Paso be- SA 2041. Mrs. CLINTON (for herself and Ms. kowski, Mr. McCain, Mr. Coburn, Mr. cause it was the ‘‘side to see the day that is MIKULSKI) submitted an amendment intended to be proposed by her to the bill H.R. Barrasso, Mr. Domenici, Mr. Smith and Mr. coming, not the side to see the day that is 1585, supra; which was ordered to lie on the Burr. gone’’; and Whereas Tom Lea lived on the east side of table. f Mount Franklin with his wife, Sarah, until SA 2042. Mr. DURBIN (for himself, Mr. SENATE RESOLUTION 267—HON- he died on January 29, 2001: Now, therefore, HAGEL, and Mrs. FEINSTEIN) submitted an be it amendment intended to be proposed by him ORING THE LIFE OF RENOWNED to the bill H.R. 1585, supra; which was or- PAINTER AND WRITER TOM LEA Resolved, That the Senate— (1) honors the life and accomplishments of dered to lie on the table. ON THE 100TH ANNIVERSARY OF Tom Lea on the 100th anniversary of his SA 2043. Mr. DURBIN (for himself, Mr. HIS BIRTH AND COMMENDING birth; and INHOFE, Mr. INOUYE, Mr. OBAMA, Mr. MENEN- THE CITY OF EL PASO FOR REC- (2) commends the City of El Paso, Texas DEZ, and Mr. BIDEN) submitted an amend- OGNIZING JULY 2007 AS ‘‘TOM for recognizing July 2007 as ‘‘Tom Lea ment intended to be proposed by him to the LEA MONTH’’ Month’’. bill H.R. 1585, supra; which was ordered to lie on the table. Mrs. HUTCHISON (for herself, Mr. f SA 2044. Mr. WARNER (for himself and Mr. CORNYN, and Mr. BINGAMAN) submitted AMENDMENTS SUBMITTED AND WEBB) submitted an amendment intended to the following resolution; which was PROPOSED be proposed by him to the bill H.R. 1585, considered and agreed to: supra; which was ordered to lie on the table. SA 2026. Ms. KLOBUCHAR submitted an SA 2045. Mr. WARNER (for himself and Mr. S. RES. 267 amendment intended to be proposed by her WEBB) submitted an amendment intended to Whereas Tom Lea was born on July 11, 1907 to the bill H.R. 1585, to authorize appropria- be proposed by him to the bill H.R. 1585, in El Paso, Texas; tions for fiscal year 2008 for military activi- supra; which was ordered to lie on the table. Whereas Tom Lea attended El Paso public ties of the Department of Defense, for mili- SA 2046. Mrs. CLINTON (for herself, Mr. schools before continuing his education at tary construction, and for defense activities COLEMAN, and Mr. SANDERS) submitted an the Art Institute of Chicago and working as of the Department of Energy, to prescribe amendment intended to be proposed by her an apprentice to muralist John Warner Nor- military personnel strengths for such fiscal to the bill H.R. 1585, supra; which was or- ton; year, and for other purposes; which was ordered to lie on the table. Whereas Tom Lea painted Texas Centen- dered to lie on the table. SA 2047. Mrs. CLINTON submitted an nial murals at the Dallas State Fairgrounds SA 2027. Mr. PRYOR submitted an amend- amendment intended to be proposed by her Hall of State in 1936; ment intended to be proposed by him to the to the bill H.R. 1585, supra; which was or- Whereas Tom Lea won many commissions bill H.R. 1585, supra; which was ordered to lie dered to lie on the table. for murals from the Section of Fine Arts of on the table. SA 2048. Mr. HAGEL submitted an amend- the Department of the Treasury, including SA 2028. Mr. BYRD submitted an amendment intended to be proposed by him to the bill H.R. 1585, supra; which was ordered to lie commissions for ‘‘The Nesters’’ at the Ben- ment intended to be proposed by him to the on the table. jamin Franklin Post Office in Washington, bill H.R. 1585, supra; which was ordered to lie on the table. SA 2049. Mr. CHAMBLISS (for himself and D.C.; ‘‘Pass of the North’’ at the Federal SA 2029. Mr. GREGG (for himself and Mr. Mr. PRYOR) submitted an amendment in- Courthouse in El Paso, Texas; ‘‘Stampede’’ ROBERTS) submitted an amendment intended tended to be proposed by him to the bill H.R. at the Post Office in Odessa, Texas; to be proposed by him to the bill H.R. 1585, 1585, supra; which was ordered to lie on the ‘‘Comancheros’’ at the Post Office in Sey- supra; which was ordered to lie on the table. table. mour, Texas; and ‘‘Back Home, April 1865’’ at SA 2030. Mr. GREGG (for himself and Mrs. SA 2050. Mr. CHAMBLISS (for himself and the Post Office in Pleasant Hill, Missouri; BOXER) submitted an amendment intended to Mr. PRYOR) submitted an amendment in- Whereas Tom Lea was an accredited World be proposed by him to the bill H.R. 1585, tended to be proposed by him to the bill H.R. War II artist correspondent for Life maga- supra; which was ordered to lie on the table. 1585, supra; which was ordered to lie on the zine who traveled over 100,000 miles with SA 2031. Mr. GREGG submitted an amend- table. United States military forces and reported ment intended to be proposed by him to the SA 2051. Mr. COLEMAN (for himself and from places such as the North Atlantic, bill H.R. 1585, supra; which was ordered to lie Ms. KLOBUCHAR) submitted an amendment China, and on board the Hornet in the South on the table. intended to be proposed by him to the bill Pacific; SA 2032. Mr. HAGEL (for himself, Mr. H.R. 1585, supra; which was ordered to lie on Whereas Tom Lea landed with the First LEVIN, Ms. SNOWE, Mr. WEBB, and Mr. REID) the table. Marines at Peleliu; submitted an amendment intended to be pro- SA 2052. Mrs. FEINSTEIN (for herself and Whereas many of the war paintings of Tom posed by him to the bill H.R. 1585, supra; Mr. SPECTER) submitted an amendment in- Lea are displayed at the United States Army which was ordered to lie on the table. tended to be proposed by her to the bill H.R.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8950 CONGRESSIONAL RECORD — SENATE July 10, 2007 1585, supra; which was ordered to lie on the Law 109–364; 120 Stat. 2273; 10 U.S.C. 1781 tained engagement with Iraq’s neighbors and table. note) is amended— the international community for the purpose SA 2053. Mr. CONRAD (for himself, Mr. (1) by striking ‘‘not more than six’’; and of working collectively to bring stability to DORGAN, Ms. LANDRIEU, and Mr. VITTER) sub- (2) by striking the second sentence. Iraq during and after the redeployment. mitted an amendment intended to be pro- (b) PERMANENT AUTHORITY.—Such section (3) Plans for United States basing rights in posed by him to the bill H.R. 1585, supra; is further amended by striking subsection the region after the redeployment. which was ordered to lie on the table. (h). (4) Plans for United States military access SA 2054. Mr. LIEBERMAN (for himself and to Iraq to protect United States citizens, Mrs. BOXER) submitted an amendment in- SA 2027. Mr. PRYOR submitted an personnel, and infrastructure in Iraq during tended to be proposed by him to the bill H.R. amendment intended to be proposed by and after the redeployment. 1585, supra; which was ordered to lie on the him to the bill H.R. 1585, to authorize (5) Plans for United States and other allied table. appropriations for fiscal year 2008 for and international assistance to the Govern- SA 2055. Mr. LIEBERMAN (for himself and military activities of the Department ment of Iraq during and after the redeploy- Mrs. BOXER) submitted an amendment in- ment to support its security needs (including tended to be proposed by him to the bill H.R. of Defense, for military construction, the training and equipping of Iraqi forces) 1585, supra; which was ordered to lie on the and for defense activities of the De- and its economic and humanitarian needs. table. partment of Energy, to prescribe mili- (6) Plans for efforts to prevent a refugee SA 2056. Mr. HARKIN (for himself, Ms. tary personnel strengths for such fiscal flow from Iraq that would destabilize the re- COLLINS, Mr. KERRY, Ms. KLOBUCHAR, and year, and for other purposes; which was gion. Ms. CANTWELL) submitted an amendment in- ordered to lie on the table; as follows: (7) An estimate of the costs of replacing tended to be proposed by him to the bill H.R. United States military equipment left in At the end of subtitle C of title XV, add the 1585, supra; which was ordered to lie on the Iraq after the redeployment, or otherwise de- following: table. pleted, including equipment of the regular SA 2057. Mr. FEINGOLD submitted an SEC. 1535. REST AND RECUPERATION LEAVE FOR components of the Armed Forces and equip- MEMBERS OF THE ARMED FORCES amendment intended to be proposed by him WHOSE PERIOD DEPLOYMENT IN OP- ment of the National Guard. to the bill H.R. 1585, supra; which was or- ERATION IRAQI FREEDOM OR OPER- (8) An estimate of the costs of the rede- dered to lie on the table. ATION ENDURING FREEDOM IS IN- ployment and of any support of the Govern- SA 2058. Mr. HAGEL submitted an amend- VOLUNTARILY EXTENDED TO 15 ment of Iraq after the redeployment. ment intended to be proposed by him to the MONTHS. (c) FORM.—Each plan on a redeployment bill H.R. 1585, supra; which was ordered to lie (a) ADDITIONAL REST AND RECUPERATION under subsection (a) shall be submitted in on the table. LEAVE.—A member of the Armed Forces both classified and unclassified form in order SA 2059. Mr. CORNYN submitted an whose period of deployment to Iraq under to permit the complete articulation of the amendment intended to be proposed by him Operation Iraqi Freedom, or to Afghanistan plan. to the bill H.R. 1585, supra; which was or- under Operation Enduring Freedom, is invol- SEC. 1536. AVAILABILITY OF FUNDS FOR THE dered to lie on the table. untarily extended from 12 months to 15 SAFE AND ORDERLY REDUCTION OF SA 2060. Mr. SANDERS (for himself, Mr. months is entitled for the extension of such UNITED STATES FORCES IN IRAQ. BYRD, and Mr. FEINGOLD) submitted an period of deployment to a period of rest and Notwithstanding any other provision of amendment intended to be proposed by him recuperation of an additional 5 days and law, funds appropriated or otherwise made to the bill H.R. 1585, supra; which was or- round-trip transportation at Government ex- available by any Act for the Department of dered to lie on the table. pense from the location of duty in Iraq or Af- Defense are available for obligation and ex- SA 2061. Mr. McCONNELL (for himself, Mr. ghanistan, as the case may be, to the nearest penditure to plan and execute a safe and orderly reduction of United States forces in SALAZAR, Mr. ALLARD, and Mr. BUNNING) sub- port in the 48 contiguous States and return, mitted an amendment intended to be pro- or to an alternative destination and return Iraq. at a cost not to exceed the cost of round-trip posed by him to the bill H.R. 1585, supra; SA 2029. Mr. GREGG (for himself and which was ordered to lie on the table. transportation from such location of duty to Mr. ROBERTS) submitted an amendment SA 2062. Mr. WEBB (for himself and Mr. such nearest port. WARNER) submitted an amendment intended (b) CONSTRUCTION.—Leave to which a mem- intended to be proposed by him to the to be proposed by him to the bill H.R. 1585, ber of the Armed Forces is entitled under bill H.R. 1585, to authorize appropria- supra; which was ordered to lie on the table. subsection (a) is in addition to any other tions for fiscal year 2008 for military SA 2063. Mr. SALAZAR (for himself, Mr. leave to which the member is entitled under activities of the Department of De- ALEXANDER, Mr. PRYOR, Mr. BENNETT, Mr. any other provision of law. fense, for military construction, and CASEY, Mr. GREGG, Mrs. LINCOLN, Mr. for defense activities of the Depart- SUNUNU, Mr. DOMENICI, Ms. COLLINS, Mr. SA 2028. Mr. BYRD submitted an ment of Energy, to prescribe military NELSON of Florida, Ms. LANDRIEU, and Mrs. amendment intended to be proposed by personnel strengths for such fiscal MCCASKILL) submitted an amendment in- him to the bill H.R. 1585, to authorize tended to be proposed by him to the bill H.R. year, and for other purposes; which was appropriations for fiscal year 2008 for ordered to lie on the table; as follows: 1585, supra; which was ordered to lie on the military activities of the Department table. At the end of subtitle E of title X, add the SA 2064. Mr. GRAHAM (for himself and Mr. of Defense, for military construction, following: KYL) submitted an amendment intended to and for defense activities of the De- SEC. 1070. PROTECTION OF CHILD CUSTODY AR- be proposed by him to the bill H.R. 1585, partment of Energy, to prescribe mili- RANGEMENTS FOR PARENTS WHO supra; which was ordered to lie on the table. tary personnel strengths for such fiscal ARE MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF f year, and for other purposes; which was A CONTINGENCY OPERATION. ordered to lie on the table; as follows: (a) CHILD CUSTODY PROTECTION.—Title II of TEXT OF AMENDMENTS At the end of title XV, add the following: the Servicemembers Civil Relief Act (50 SA 2026. Ms. KLOBUCHAR submitted SEC. 1535. CONTINGENCY PLAN FOR RAPID REDE- U.S.C. App. 521 et seq.) is amended by adding an amendment intended to be proposed PLOYMENT AND PLAN FOR PHASED at the end the following new section: by her to the bill H.R. 1585, to author- REDEPLOYMENT OF UNITED STATES ‘‘SEC. 208. CHILD CUSTODY PROTECTION. FORCES FROM IRAQ. ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.— ize appropriations for fiscal year 2008 (a) SUBMITTAL OF PLANS TO CONGRESS.— If a motion for change of custody of a child for military activities of the Depart- Not later than 60 days after the date of the of a servicemember is filed while the ment of Defense, for military construc- enactment of this Act, the President shall servicemember is deployed in support of a tion, and for defense activities of the submit to Congress a comprehensive, current contingency operation, no court may enter Department of Energy, to prescribe plan for each of the following: an order modifying or amending any pre- military personnel strengths for such (1) The rapid redeployment of United vious judgment or order, or issue a new fiscal year, and for other purposes; States forces from Iraq. order, that changes the custody arrangement (2) The phased redeployment of United which was ordered to lie on the table; for that child that existed as of the date of States forces from Iraq, with such redeploy- the deployment of the servicemember, ex- as follows: ment to be completed not later than 180 days cept that a court may enter a temporary At the end of subtitle G of title V, add the after its commencement. custody order if there is clear and convincing following: (b) PLAN ELEMENTS.—Each plan on rede- evidence that it is in the best interest of the SEC. 583. EXPANSION AND EXTENSION OF JOINT ployment under subsection (a) shall include child. FAMILY ASSISTANCE PROGRAM OF elements as follows: ‘‘(b) COMPLETION OF DEPLOYMENT.—In any THE DEPARTMENT OF DEFENSE. (1) A comprehensive description of the re- preceding covered under subsection (a), a (a) LOCATIONS.—Subsection (b) of section deployment as currently proposed. court shall require that, upon the return of 675 of the John Warner National Defense Au- (2) A comprehensive diplomatic, political, the servicemember from deployment in sup- thorization Act for Fiscal Year 2007 (Public and economic strategy that includes sus- port of a contingency operation, the custody

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8951 order that was in effect immediately pre- (A) to develop materials for parents and ment of Energy, to prescribe military ceding the date of the deployment of the other caretakers of children of members of personnel strengths for such fiscal servicemember is reinstated. the National Guard and Reserve who are de- year, and for other purposes; which was ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM ployed to assist such parents and caretakers ordered to lie on the table; as follows: DETERMINATION OF CHILD’S BEST INTEREST.— in responding to the adverse implications of If a motion for the change of custody of the such deployment (and the death or injury of At the end of subtitle C of title XVI, add child of a servicemember who was deployed such members during such deployment) for the following: in support of a contingency operation is filed such children, including the role such par- SEC. 1535. LIMITATION ON LENGTH OF DEPLOY- after the end of the deployment, no court ents and caretakers can play in addressing MENTS FOR OPERATION IRAQI may consider the absence of the and mitigating such implications; FREEDOM. servicemember by reason of that deployment (B) to develop programs and activities to (a) LIMITATION.—Commencing 120 days in determining the best interest of the child. increase awareness throughout the military after the date of the enactment of this Act, ‘‘(d) CONTINGENCY OPERATION DEFINED.—In and civilian communities of the adverse im- the deployment of a unit or individual of the this section, the term ‘contingency oper- plications of such deployment (and the death Armed Forces for Operation Iraqi Freedom ation’ has the meaning given that term in or injury of such members during such de- shall be limited as follows: section 101(a)(13) of title 10, United States ployment) for such children and their fami- (1) In the case of a unit or individual of the Code, except that the term may include such lies and to increase collaboration within Army (including a unit or individual of the other deployments as the Secretary may pre- such communities to address and mitigate Army National Guard or the Army Reserve), scribe.’’. such implications; the unit or individual may not be deployed, (b) CLERICAL AMENDMENT.—The table of (C) to develop training for early child care or continued or extended on deployment, for contents in section 1(b) of such Act is and education, mental health, health care, more than 12 consecutive months. amended by adding at the end of the items and family support professionals to enhance (2) In the case of a unit or individual of the relating to title II the following new item: the awareness of such professionals of their Marine Corps (including a unit or individual ‘‘208. Child custody protection.’’. role in assisting families in addressing and of the Marine Corps Reserve), the unit or in- mitigating the adverse implications of such dividual may not be deployed, or continued SA 2030. Mr. GREGG (for himself and deployment (and the death or injury of such or extended on deployment, for more than 7 Mrs. BOXER) submitted an amendment members during such deployment) for such consecutive months. intended to be proposed by him to the children; and (b) EXCEPTION.—The limitation in sub- (D) to conduct research on best practices section (a) shall not apply to designated key bill H.R. 1585, to authorize appropria- command headquarters personnel or other tions for fiscal year 2008 for military for building psychological and emotional resiliency in such children in coping with the members of the Armed Forces who are re- activities of the Department of De- deployment of such members. quired to maintain continuity of mission and fense, for military construction, and (b) REPORT.—Not later than 180 days after situational awareness between rotating for defense activities of the Depart- the date of the enactment of this Act, the forces. ment of Energy, to prescribe military Secretary of Defense shall submit to Con- (c) WAIVER AUTHORITY.—The President personnel strengths for such fiscal gress a report containing the results of the may waive the applicability of the limita- year, and for other purposes; which was study conducted under subsection (a). tion in subsection (a) in the event of a requirement for the use of military force in ordered to lie on the table; as follows: SEC. 584. STUDY ON ESTABLISHMENT OF PILOT PROGRAM ON FAMILY-TO-FAMILY time of national emergency following con- At the end of subtitle H of title V, add the SUPPORT FOR FAMILIES OF DE- sultation with the congressional defense following: PLOYED MEMBERS OF THE NA- committees. SEC. 594. LIMITATION ON SIMULTANEOUS DE- TIONAL GUARD AND RESERVE. (d) DEPLOYMENT DEFINED.—In this section, PLOYMENT TO COMBAT ZONES OF (a) STUDY.—The Secretary of Defense shall the term ‘‘deployment’’ has the meaning DUAL-MILITARY COUPLES WHO carry out a study to evaluate the feasibility given that term in subsection 991(b) of title HAVE MINOR DEPENDENTS. and advisability of establishing a pilot pro- 10, United States Code. In the case of a member of the Armed gram on family-to-family support for fami- Forces with minor dependents who has a lies of deployed members of the National SA 2033. Mr. DODD submitted an spouse who is also a member of the Armed Guard and Reserve. The study shall include Forces, and the spouse is deployed in an area amendment intended to be proposed by an assessment of the following: him to the bill H.R. 1585, to authorize for which imminent danger pay is authorized (1) The effectiveness of a family-to-family under section 310 of title 37, United States support programs in— appropriations for fiscal year 2008 for Code, the member may request a deferment (A) providing peer support for families of military activities of the Department of a deployment to such an area until the deployed members of the National Guard and of Defense, for military construction, spouse returns from such deployment. Reserve; and for defense activities of the De- (B) identifying and preventing family prob- partment of Energy, to prescribe mili- Mr. GREGG submitted an SA 2031. lems in such families; tary personnel strengths for such fiscal amendment intended to be proposed by (C) reducing adverse outcomes for children year, and for other purposes; which was him to the bill H.R. 1585, to authorize of such families, including poor academic ordered to lie on the table; as follows: performance, behavioral problems, stress, appropriations for fiscal year 2008 for At the end of subtitle A of title I, add the and anxiety; and military activities of the Department following: of Defense, for military construction, (D) improving family readiness and post- deployment transition for such families. SEC. 106. NATIONAL GUARD AND RESERVE and for defense activities of the De- EQUIPMENT. (2) The feasibility and advisability of uti- partment of Energy, to prescribe mili- lizing spouses of members of the Armed (a) IN GENERAL.—Funds are hereby author- tary personnel strengths for such fiscal Forces as counselors for families of deployed ized to be appropriated for fiscal year 2008 for year, and for other purposes; which was members of the National Guard and Reserve, National Guard and Reserve Equipment in ordered to lie on the table; as follows: in order to assist such families in coping the amount of $500,000,000, with the amount to be available for equipment reset for the At the end of subtitle G of title V, add the throughout the deployment cycle. Army National Guard. following: (3) Best practices for training spouses of (b) OFFSET.—The amount authorized to be members of the Armed Forces to act as coun- SEC. 583. STUDY ON IMPROVING SUPPORT SERV- appropriated by section 201(4) for research, selors for families of deployed members of ICES FOR CHILDREN, INFANTS, AND development, test, and evaluation, Defense- TODDLERS OF MEMBERS OF THE NA- the National Guard and Reserve. TIONAL GUARD AND RESERVE UN- (b) REPORT.—The Secretary of Defense wide activities, is hereby reduced by DERGOING DEPLOYMENT. shall submit to Congress a report containing $500,000,000, with the amount of the reduction (a) STUDY REQUIRED.— the results of the study conducted under sub- allocated so that— (1) STUDY.—The Secretary of Defense shall section (a) not later than 180 days after the (1) the amount available for European misconduct a study to evaluate the feasibility date of the enactment of this Act. sile defense is reduced by $225,000,000; and and advisability of entering into a contract (2) the amount available for the Airborne or other agreement with a private sector en- SA 2032. Mr. HAGEL (for himself, Mr. Laser is reduced by $275,000,000. tity having expertise in the health and well- LEVIN, Ms. SNOWE, Mr. WEBB, and Mr. At the end of subtitle E of title III, add the being of families and children, infants, and REID) submitted an amendment in- following: toddlers in order to enhance and develop sup- tended to be proposed by him to the SEC. 358. ASSESSMENT OF THE DEFENSE INDUS- port services for children of members of the bill H.R. 1585, to authorize appropria- TRIAL BASE FOR CRITICAL NA- National Guard and Reserve who are de- TIONAL SECURITY PROGRAMS. ployed. tions for fiscal year 2008 for military (a) REPORT ON ASSESSMENT.—Not later (2) TYPES OF SUPPORT SERVICES.—In con- activities of the Department of De- than 60 days after the date of the enactment ducting the study, the Secretary shall con- fense, for military construction, and of this Act, the Secretary of Defense shall sider the need— for defense activities of the Depart- submit to the appropriate committees of

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8952 CONGRESSIONAL RECORD — SENATE July 10, 2007 Congress a report setting for the assessment after the second sentence the following: SEC. 583. CHILD CARE ASSISTANCE FOR MILI- of the Secretary of the capacity of the de- ‘‘Leave under subsection (a)(1)(E) may be TARY DEPENDENTS. fense industrial base of the United States taken intermittently or on a reduced leave (a) AUTHORIZATION OF APPROPRIATIONS.— (including the industrial resource and crit- schedule.’’. Section 658B of the Child Care and Develop- ical technology production capacity of the (4) SUBSTITUTION OF PAID LEAVE.—Section ment Block Grant Act of 1990 (42 U.S.C. 9858) defense industrial base) to achieve, during 102(d)(2)(A) of such Act (29 U.S.C. is amended— the five-year period beginning on October 1, 2612(d)(2)(A)) is amended by striking ‘‘(A), (1) by striking ‘‘There is’’ and inserting 2007, each of the following: (B), or (C)’’ and inserting ‘‘(A), (B), (C), or ‘‘(a) in general.—There is’’; (1) To address equipment shortfalls of the (E)’’. (2) in subsection (a), as so designated, by National Guard as identified by the National (5) NOTICE.—Section 102(e) of such Act (29 inserting ‘‘(except section 658T)’’ after ‘‘this Guard Bureau. U.S.C. 2612(e)) is amended by adding at the subchapter’’; and (2) To meet the requirements of the Crit- end the following: (3) by adding at the end the following: ‘‘(b) CHILD CARE FOR CERTAIN MILITARY DE- ical Items List of the commanders in chief of ‘‘(3) NOTICE FOR MILITARY FAMILY LEAVE.— PENDENTS.—There is authorized to be appro- the unified and specified combatant com- In any case in which an employee seeks leave priated to carry out section 658T $200,000,000 mands and to produce other items within the under subsection (a)(1)(E), the employee for each of fiscal years 2008 through 2012.’’. inventory of weapon systems and defense shall provide such notice as is practicable.’’. (b) CHILD CARE ASSISTANCE.—The Child equipment identified as critical under an as- (6) CERTIFICATION.—Section 103 of such Act Care and Development Block Grant Act of sessment conducted pursuant to section (29 U.S.C. 2613) is amended by adding at the 1990 (42 U.S.C. 9858 et seq.) is amended by 113(i) of title 10, United States Code, or by a end the following: adding at the end the following: ‘‘(f) CERTIFICATION FOR MILITARY FAMILY Presidential determination as a result of a ‘‘SEC. 658T. CHILD CARE ASSISTANCE FOR MILI- petition filed under section 232 of the Trade LEAVE.—An employer may require that a re- TARY DEPENDENTS. Expansion Act of 1962 (19 U.S.C. 1862) in ac- quest for leave under section 102(a)(1)(E) be ‘‘(a) IN GENERAL.—The Secretary shall cordance with the Defense Production Act of supported by a certification issued at such make grants to eligible spouses to assist the 1950 (50 U.S.C. App. 2077 et seq.). time and in such manner as the Secretary spouses in paying for the cost of child care (b) RECOMMENDATIONS.—If the assessment may by regulation prescribe.’’. services provided to dependents by eligible required by subsection (a) includes a deter- (b) MILITARY FAMILY LEAVE FOR CIVIL child care providers. In making the grants, mination that the industrial resource and SERVICE EMPLOYEES.— the Secretary shall give priority to eligible critical technology production capacity of (1) DEFINITIONS.—Section 6381 of title 5, spouses of qualified members on active duty the defense industrial base of the United United States Code, is amended— for a period of more than 6 months. States cannot achieve the matters specified (A) in paragraph (5), by striking ‘‘and’’ at ‘‘(b) DEFINITIONS.—In this section: in that subsection, or that the authorities the end; ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ provided by the Defense Production Act of (B) in paragraph (6), by striking the period means duty under a call or order to active 1950 or other laws are insufficient to address and inserting ‘‘; and’’; and duty under a provision of law referred to in the shortfalls and meet requirements de- (C) by adding at the end the following: section 101(a)(13)(B) of title 10, United States scribed in that subsection, the report shall ‘‘(7) the term ‘active duty’ means duty Code. include such recommendations as the Sec- under a call or order to active duty under a ‘‘(2) ACTIVE DUTY FOR A PERIOD OF MORE retary considers appropriate for actions, in- provision of law referred to in section THAN 30 DAYS.—The term ‘active duty for a cluding investments and modifications to 101(a)(13)(B) of title 10, United States Code; period of more than 30 days’ has the meaning the Defense Production Act of 1950, nec- and given the term in section 101(d)(2) of title 10, essary to develop that capacity. ‘‘(8) the term ‘qualified member’ means a United States Code. (c) APPROPRIATE COMMITTEES OF CONGRESS member of the reserve components on active ‘‘(3) DEPENDENT.—The term ‘dependent’ DEFINED.—In this section, the term ‘‘appro- duty for a period of more than 30 days.’’. means an individual who is— priate committees of Congress’’ means— (2) ENTITLEMENT TO LEAVE.—Section 6382(a) ‘‘(A) a dependent, as defined in section 401 (1) the Committees on Armed Services and of such title is amended by adding at the end of title 37, United States Code, except that Banking, Housing, and Urban Affairs of the the following: such term does not include a person de- Senate; and ‘‘(E) Because the spouse, son, daughter, or scribed in paragraph (1) or (3) of subsection (2) the Committees on Armed Services and parent of the employee is a qualified mem- (a) of such section; and Financial Services of the House of Rep- ber.’’. ‘‘(B) an individual described in subpara- resentatives. (3) SCHEDULE.—Section 6382(b)(1) of such graphs (A) and (B) of section 658P(4). title is amended by inserting after the sec- ‘‘(4) ELIGIBLE SPOUSE.—The term ‘eligible SA 2034. Mrs. MURRAY submitted an ond sentence the following: ‘‘Leave under spouse’ means a person who— amendment intended to be proposed by subsection (a)(1)(E) may be taken intermit- ‘‘(A) is a parent of one or more dependents her to the bill H.R. 1585, to authorize tently or on a reduced leave schedule.’’. of a qualified member; and appropriations for fiscal year 2008 for (4) SUBSTITUTION OF PAID LEAVE.—Section ‘‘(B) has the primary responsibility for the military activities of the Department 6382(d) of such title is amended by striking care of one or more such dependents. of Defense, for military construction, ‘‘(A), (B), (C), or (D)’’ and inserting ‘‘(A), (B), ‘‘(5) QUALIFIED MEMBER.—The term ‘quali- (C), (D), or (E)’’. and for defense activities of the De- fied member’ means a member of the reserve (5) NOTICE.—Section 6382(e) of such title is components of the Armed Forces on active partment of Energy, to prescribe mili- amended by adding at the end the following: duty for a period of more than 30 days. tary personnel strengths for such fiscal ‘‘(3) In any case in which an employee ‘‘(c) APPLICATIONS.—To be eligible to re- year, and for other purposes; which was seeks leave under subsection (a)(1)(E), the ceive a grant under this section, a spouse ordered to lie on the table; as follows: employee shall provide such notice as is shall submit an application to the Secretary, At the end of subtitle G of title V, add the practicable.’’. at such time, in such manner, and con- following: (6) CERTIFICATION.—Section 6383 of such taining such information as the Secretary may require, including a description of the SEC. 583. MILITARY FAMILY LEAVE. title is amended by adding at the end the following: eligible child care provider who provides the (a) GENERAL REQUIREMENTS FOR LEAVE.— ‘‘(f) An employing agency may require that child care services assisted through the (1) DEFINITIONS.—Section 101 of the Family grant. and Medical Leave Act of 1993 (29 U.S.C. 2611) a request for leave under section 6382(a)(1)(E) be supported by a certification issued at such ‘‘(d) RULE.—The provisions of this sub- is amended by adding at the end the fol- chapter, other than section 658P and provi- lowing: time and in such manner as the Office of Per- sonnel Management may by regulation pre- sions referenced in section 658P, that apply ‘‘(14) ACTIVE DUTY.—The term ‘active duty’ scribe.’’. to assistance provided under this subchapter means duty under a call or order to active shall not apply to assistance provided under duty under a provision of law referred to in SA 2035. Mrs. MURRAY submitted an this section.’’. section 101(a)(13)(B) of title 10, United States (c) CONFORMING AMENDMENTS.—Section Code. amendment intended to be proposed by 658O of the Child Care and Development ‘‘(15) QUALIFIED MEMBER.—The term ‘quali- her to the bill H.R. 1585, to authorize Block Grant Act of 1990 (42 U.S.C. 9858m) is fied member’ means a member of the reserve appropriations for fiscal year 2008 for amended— components on active duty for a period of military activities of the Department (1) in subsection (a)— more than 30 days.’’. of Defense, for military construction, (A) in paragraph (1), by striking ‘‘appro- (2) ENTITLEMENT TO LEAVE.—Section and for defense activities of the De- priated under this subchapter’’ and inserting 102(a)(1) of such Act (29 U.S.C. 2612(a)) is partment of Energy, to prescribe mili- ‘‘appropriated under section 658B(a)’’; and amended by adding at the end the following: tary personnel strengths for such fiscal (B) in paragraph (2), by striking ‘‘appro- ‘‘(E) Because the spouse, son, daughter, or priated under section 658B’’ and inserting parent of the employee is a qualified mem- year, and for other purposes; which was ‘‘appropriated under section 658(a)’’; and ber.’’. ordered to lie on the table; as follows: (2) in subsection (b)(1), by striking ‘‘appro- (3) SCHEDULE.—Section 102(b)(1) of such Act At the end of subtitle G of title V, add the priated under section 658B’’ and inserting (29 U.S.C. 2612(b)(1)) is amended by inserting following: ‘‘appropriated under section 658(a)’’.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8953 SA 2036. Mrs. MURRAY submitted an SA 2038. Mr. COLEMAN (for himself SEC. 625. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS SERV- amendment intended to be proposed by and Ms. KLOBUCHAR) submitted an ING IN COMBAT ZONE FOR MORE her to the bill H.R. 1585, to authorize amendment intended to be proposed by THAN 22 MONTHS. appropriations for fiscal year 2008 for him to the bill H.R. 1585, to authorize (a) PAYMENT.—The Secretary of a military military activities of the Department appropriations for fiscal year 2008 for department may pay assignment incentive of Defense, for military construction, military activities of the Department pay under section 307a of title 37, United and for defense activities of the De- of Defense, for military construction, States Code, to a member of a reserve com- partment of Energy, to prescribe mili- and for defense activities of the De- ponent under the jurisdiction of the Sec- partment of Energy, to prescribe mili- retary for each month during the eligibility tary personnel strengths for such fiscal period of the member determined under sub- year, and for other purposes; which was tary personnel strengths for such fiscal section (b) during which the member served ordered to lie on the table; as follows: year, and for other purposes; which was for any portion of the month in a combat At the end of subtitle F of title VI, add the ordered to lie on the table; as follows: zone associated with Operating Enduring following: At the end of subtitle C of title III, add the Freedom or Operation Iraqi Freedom in ex- SEC. 683. PLAN FOR PARTICIPATION OF MEM- following: cess of 22 months of qualifying service. BERS OF THE NATIONAL GUARD AND SEC. 325. CONVEYANCE OF A–12 BLACKBIRD AIR- (b) ELIGIBILITY PERIOD.—The eligibility pe- THE RESERVES IN THE BENEFITS CRAFT TO THE MINNESOTA AIR NA- riod for a member extends from January 1, DELIVERY AT DISCHARGE PRO- TIONAL GUARD HISTORICAL FOUN- 2005, through the end of the active duty serv- GRAM. DATION. ice of the member in a combat zone associ- (a) PLAN TO MAXIMIZE PARTICIPATION.—Not (a) CONVEYANCE REQUIRED.—The Secretary ated with Operating Enduring Freedom or later than 180 days after the date of the en- of the Air Force shall convey, without con- Operation Iraqi Freedom if the service on ac- actment of this Act, the Secretary of De- sideration, to the Minnesota Air National tive duty during the member’s most recent fense and the Secretary of Veterans Affairs Guard Historical Foundation, Inc. (in this period of mobilization to active duty began shall jointly submit to Congress a plan to section referred to as the ‘‘Foundation’’), a before January 19, 2007. maximize access to the benefits delivery at non-profit entity located in the State of Min- (c) AMOUNT OF PAYMENT.—The monthly discharge program for members of the re- nesota, A–12 Blackbird aircraft with tail rate of incentive pay payable to a member serve components of the Armed Forces who number 60–6931 that is under the jurisdiction under this section is $1,000. have been called or ordered to active duty at of the National Museum of the United States (d) QUALIFYING SERVICE.—For purposes of any time since September 11, 2001. Air Force and, as of January 1, 2007, was on this section, qualifying service includes cu- (b) ELEMENTS.—The plan submitted under loan to the Foundation and display with the mulative mobilized service on active duty subsection (a) shall include a description of 133rd Airlift Wing at Minneapolis-St. Paul under sections 12301(d), 12302, and 12304 of efforts to ensure that services under the ben- International Airport, Minnesota. title 10, United States Code, during the pe- (b) CONDITION.—The conveyance required efits delivery at discharge program are pro- riod beginning on January 1, 2003, through by subsection (a) shall be subject to the re- vided, to the maximum extent practicable— the end of the member’s active duty service quirement that Foundation utilize and dis- (1) at each military installation; during the member’s most recent period of play the aircraft described in that subsection (2) at each armory and military family mobilization to active duty beginning before for educational and other appropriate public support center of the National Guard; January 19, 2007. purposes as jointly agreed upon by the Sec- (3) at each military medical care facility retary and the Foundation before the con- SA 2040. Mr. COLEMAN (for himself at which members of the Armed Forces are veyance. and Ms. KLOBUCHAR) submitted an separated or discharged from the Armed (c) RELOCATION OF AIRCRAFT.—As part of Forces; and the conveyance required by subsection (a), amendment intended to be proposed by (4) in the case of a member on the tem- the Secretary shall relocate the aircraft de- him to the bill H.R. 1585, to authorize porary disability retired list under section scribed in that subsection to Minneapolis-St. appropriations for fiscal year 2008 for 1202 or 1205 of title 10, United States Code, Paul International Airport and undertake military activities of the Department who is being retired under another provision any reassembly of the aircraft required as of Defense, for military construction, of such title or is being discharged, at a loca- part of the conveyance and relocation. Any tion reasonably convenient to the member. and for defense activities of the De- costs of the Secretary under this subsection partment of Energy, to prescribe mili- (c) BENEFITS DELIVERY AT DISCHARGE PRO- shall be borne by the Secretary. GRAM DEFINED.—In this section, the term (d) MAINTENANCE SUPPORT.—The Secretary tary personnel strengths for such fiscal ‘‘benefits delivery at discharge program’’ may authorize the 133rd Airlift Wing to pro- year, and for other purposes; which was means a program administered jointly by the vide support to the Foundation for the main- ordered to lie on the table; as follows: Secretary of Defense and the Secretary of tenance of the aircraft relocated under sub- At the end of subtitle B of title IV, add the Veterans Affairs to provide information and section (a) after its relocation under that following: assistance on available benefits and other subsection. SEC. 416. INCREASE IN AUTHORIZED VARIANCE transition assistance to members of the (e) REVERSION OF AIRCRAFT.— IN END STRENGTHS FOR ACTIVE Armed Forces who are separating from the (1) REVERSION.—In the event the Founda- DUTY AND NATIONAL GUARD PER- Armed Forces, including assistance to obtain tion ceases to exist, all right, title, and in- SONNEL PAYABLE FROM FUNDS FOR any disability benefits for which such mem- terest in and to the aircraft conveyed under RESERVE PERSONNEL. bers may be eligible. subsection (a) shall revert to the United (a) INCREASE.—Section 115(f)(2) of title 10, States, and the United States shall have im- United States Code, is amended by striking SA 2037. Mr. COLEMAN submitted an mediate right of possession of the aircraft. ‘‘2 percent’’ and inserting ‘‘3 percent’’. amendment intended to be proposed by (2) ASSUMPTION OF POSSESSION.—Possession (b) EFFECTIVE DATE.—The amendment him to the bill H.R. 1585, to authorize under paragraph (1) of the aircraft conveyed made by subsection (a) shall take effect on under subsection (a) shall be assumed by the October 1, 2007, and shall apply with respect appropriations for fiscal year 2008 for to fiscal years beginning on or after that military activities of the Department 133rd Airlift Wing. (f) ADDITIONAL TERMS AND CONDITIONS.— date. of Defense, for military construction, The Secretary may require such additional and for defense activities of the De- terms and conditions in connection with the SA 2041. Mrs. CLINTON (for herself partment of Energy, to prescribe mili- conveyance required by subsection (a) as the and Ms. MIKULSKI) submitted an tary personnel strengths for such fiscal Secretary considers appropriate to protect amendment intended to be proposed by year, and for other purposes; which was the interests of the United States. her to the bill H.R. 1585, to authorize ordered to lie on the table; as follows: SA 2039. Mr. COLEMAN (for himself appropriations for fiscal year 2008 for At the end of subtitle B of title IV, add the and Ms. KLOBUCHAR) submitted an military activities of the Department following: amendment intended to be proposed by of Defense, for military construction, SEC. 416. INCREASE IN AUTHORIZED VARIANCE him to the bill H.R. 1585, to authorize and for defense activities of the De- IN END STRENGTHS FOR ACTIVE partment of Energy, to prescribe mili- DUTY AND NATIONAL GUARD PER- appropriations for fiscal year 2008 for SONNEL PAYABLE FROM FUNDS FOR military activities of the Department tary personnel strengths for such fiscal RESERVE PERSONNEL. of Defense, for military construction, year, and for other purposes; which was (a) INCREASE.—Section 115(f)(2) of title 10, and for defense activities of the De- ordered to lie on the table; as follows: United States Code, is amended by striking partment of Energy, to prescribe mili- At the end of title XII, add the following: ‘‘2 percent’’ and inserting ‘‘3 percent’’. tary personnel strengths for such fiscal SEC. 1205. REPORTS ON PLANNING AND IMPLE- (b) EFFECTIVE DATE.—The amendment MENTATION OF UNITED STATES EN- made by subsection (a) shall take effect on year, and for other purposes; which was GAGEMENT AND POLICY TOWARD October 1, 2007, and shall apply with respect ordered to lie on the table; as follows: DARFUR. to fiscal years beginning on or after that At the end of subtitle B of title VI, add the (a) REQUIREMENT FOR REPORTS.—Not later date. following: than 120 days after the date of the enactment

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8954 CONGRESSIONAL RECORD — SENATE July 10, 2007 of this Act and annually thereafter until De- mitted an amendment intended to be Space Administration, the Administrator of cember 31, 2011, the Secretary of Defense, in proposed by him to the bill H.R. 1585, the Environmental Protection Agency, the coordination with the Secretary of State, to authorize appropriations for fiscal Secretary of Energy, and the Secretary of shall submit to the appropriate congres- year 2008 for military activities of the Agriculture, and, if appropriate, multilateral sional committees a report on the policy of institutions and allies of the United States the United States to address the crisis in Department of Defense, for military that have conducted significant research on Darfur, in eastern Chad, and in north-eastern construction, and for defense activities global climate change. Central African Republic, and on the con- of the Department of Energy, to pre- (b) RESPONSE TO THE NATIONAL INTEL- tributions of the Department of Defense to scribe military personnel strengths for LIGENCE ESTIMATE.— the North Atlantic Treaty Organization such fiscal year, and for other pur- (1) REPORT BY THE SECRETARY OF DE- (NATO), the United Nations, and the African poses; which was ordered to lie on the FENSE.—Not later than 270 days after the Union in support of the current African table; as follows: date that the National Intelligence Estimate Union Mission in Sudan (AMIS) or any cov- required by subsection (a) is submitted to ered United Nations mission. At the appropriate place, insert the fol- Congress, the Secretary of Defense shall sub- (b) ELEMENTS.—Each report under sub- lowing: mit to the Committee on Appropriations, the section (a) shall include the following: SEC. ll. NATIONAL INTELLIGENCE ESTIMATE Committee on Armed Services, and the Se- (1) An assessment of the extent to which ON GLOBAL CLIMATE CHANGE. lect Committee on Intelligence of the Senate the Government of Sudan is in compliance (a) REQUIREMENT FOR NATIONAL INTEL- and the Committee on Appropriations, the with its responsibilities and commitments LIGENCE ESTIMATE.— Committee on Armed Services, and the Per- under international law and as a member of (1) IN GENERAL.—Except as provided in manent Select Committee on Intelligence of the United Nations, including under United paragraph (2), not later than 270 days after the House of Representatives a report on— Nations Security Council Resolutions 1706 the date of the enactment of this Act, the (A) the projected impact on the military (2006) and 1591 (2005), and a description of any Director of National Intelligence shall sub- installations and capabilities of the United violations of such responsibilities and commit to Congress a National Intelligence Esti- States of the effects of global climate change mitments, including violations relating to mate (NIE) on the anticipated geopolitical as assessed in the National Intelligence Esti- the denial of or delay in facilitating access effects of global climate change and the im- mate; by AMIS and United Nations peacekeepers to plications of such effects on the national se- (B) the projected impact on United States conflict areas, failure to implement respon- curity of the United States. military operations of the effects of global sibilities to demobilize and disarm the (2) NOTICE REGARDING SUBMITTAL.—If the climate change described in the National In- Janjaweed militias, obstruction of the vol- Director of National Intelligence determines telligence Estimate; and untary safe return of internally displaced that the National Intelligence Estimate re- (C) recommended research and analysis persons and refugees, and degradation of se- quired by paragraph (1) cannot be submitted needed to further assess the impacts on the curity of and access to humanitarian supply by the date specified in that paragraph, the military of global climate change. routes. Director shall notify Congress and provide— (2) SENSE OF CONGRESS ON THE NEXT QUAD- (2) A comprehensive explanation of the pol- (A) the reasons that the National Intel- RENNIAL DEFENSE REVIEW.—It is the sense of icy of the United States to address the crisis ligence Estimate cannot be submitted by Congress that the Secretary of Defense in Darfur, including the activities of the De- such date; and should address the findings of the National partment of Defense in coordination with the (B) an anticipated date for the submittal of Intelligence Estimate required by subsection Department of State. the National Intelligence Estimate. (a) regarding the impact of global climate (3) A comprehensive assessment of the im- (3) CONTENT.—The Director of National In- change and potential implications of such pact of a no-fly zone for Darfur, including an telligence shall prepare the National Intel- impact on the Armed Forces and for the size, assessment of the impact of such a no-fly ligence Estimate required by this subsection composition, and capabilities of Armed zone on humanitarian efforts in Darfur and using the mid-range projections of the fourth Forces in the next Quadrennial Defense Re- the region and a plan to minimize any nega- assessment report of the Intergovernmental view. tive impact on such humanitarian efforts Panel on Climate Change— (c) AUTHORIZATION OF RESEARCH.— during the implementation of such a no-fly (A) to assess the political, social, agricul- (1) IN GENERAL.—The Secretary of Defense zone. tural, and economic risks during the 30-year is authorized to carry out research on the (4) A description of contributions made by period beginning on the date of the enact- impacts of global climate change on military the Department of Defense in support of ment of this Act posed by global climate operations, doctrine, organization, training, NATO assistance to AMIS and any covered change for countries or regions that are— material, logistics, personnel, and facilities United Nations mission. (i) of strategic economic or military im- and the actions needed to address those im- (5) An assessment of the extent to which portance to the United States and at risk of pacts. Such research may include— additional resources are necessary to meet significant impact due to global climate (A) the use of war gaming and other ana- the obligations of the United States to AMIS change; or lytical exercises; and any covered United Nations mission. (ii) at significant risk of large-scale hu- (B) analysis of the implications for United (c) FORM AND AVAILABILITY OF REPORTS.— manitarian suffering with cross-border im- States defense capabilities of large-scale (1) FORM.—Each report submitted under plications as predicted on the basis of the as- Arctic sea-ice melt and broader changes in this section shall be in an unclassified form, sessments; Arctic climate; but may include a classified annex. (B) to assess other risks posed by global (C) analysis of the implications for United (2) AVAILABILITY.—The unclassified portion climate change, including increased conflict States defense capabilities of abrupt climate of any report submitted under this section over resources or between ethnic groups, change; shall be made available to the public. within countries or transnationally, in- (D) analysis of the implications of the find- (d) REPEAL OF SUPERSEDED REPORT RE- creased displacement or forced migrations of ings derived from the National Intelligence QUIREMENT.—Section 1227 of the John Warner vulnerable populations due to inundation or Estimate required under subsection (a) for National Defense Authorization Act for Fis- other causes, increased food insecurity, and United States defense capabilities; cal Year 2007 (Public Law 109–364; 120 Stat. increased risks to human health from infec- (E) analysis of the strategic implications 2426) is repealed. tious disease; for United States defense capabilities of di- (e) DEFINITIONS.—In this section: (C) to assess the capabilities of the coun- rect physical threats to the United States (1) APPROPRIATE CONGRESSIONAL COMMIT- tries or regions described in clause (i) or (ii) posed by extreme weather events such as TEES.—The term ‘‘appropriate congressional of subparagraph (A) to respond to adverse hurricanes; and committees’’ means— impacts caused by global climate change; (F) analysis of the existing policies of the (A) the Committee on Armed Services and and Department of Defense to assess the ade- the Committee on Foreign Relations of the (4) to make recommendations for further quacy of the Department’s protections Senate; and assessments of security consequences of against climate risks to United States capa- (B) the Committee on Armed Services and global climate change that would improve bilities and military interests in foreign the Committee on Foreign Affairs of the national security planning. countries. House of Representatives. (5) COORDINATION.—In preparing the Na- (2) REPORT.—Not later than 2 years after (2) COVERED UNITED NATIONS MISSION.—The tional Intelligence Estimate under this sub- the date that the National Intelligence Esti- term ‘‘covered United Nations mission’’ section, the Director of National Intelligence mate required by subsection (a) is submitted means any United Nations-African Union hy- shall consult with representatives of the sci- to Congress, the Secretary of Defense shall brid peacekeeping operation in Darfur, and entific community, including atmospheric submit to Congress a report on the results of any United Nations peacekeeping operating and climate studies, security studies, con- the research, war games, and other activities in Darfur, eastern Chad, or northern Central flict studies, economic assessments, and en- carried out pursuant to paragraph (1). African Republic, that is deployed on or vironmental security studies, the Secretary (d) ASSISTANCE.— after the date of the enactment of this Act. of Defense, the Secretary of State, the Ad- (1) AGENCIES OF THE UNITED STATES.—In ministrator of the National Oceanographic order to produce the National Intelligence SA 2042. Mr. DURBIN (for himself, and Atmospheric Administration, the Ad- Estimate required by subsection (a), the Di- Mr. HAGEL, and Mrs. FEINSTEIN) sub- ministrator of the National Aeronautics and rector of National Intelligence may request

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any appropriate assistance from any agency, be accorded all the benefits, privileges, and (4) AGREEMENT.—An agreement of a nurse department, or other entity of the United responsibilities (other than compensation officer described in this paragraph is the State Government and such agency, depart- and compensation-related benefits) of any agreement of the officer— ment, or other entity shall provide the as- other comparably situated individual serving (A) to participate in an educational pro- sistance requested. a full-time faculty member of such school. gram described in paragraph (1); and (2) OTHER ENTITIES.—In order to produce (4) AGREEMENT FOR ADDITIONAL SERVICE.— (B) upon graduation from such educational the National Intelligence Estimate required Each officer who serves a tour of duty on the program— by subsection (a), the Director of National faculty of a school of nursing under this sub- (i) to serve not less than two years as a Intelligence may request any appropriate as- section shall enter into an agreement with full-time faculty member of an accredited sistance from any other person or entity. the Secretary to serve upon the completion school of nursing; and (3) REIMBURSEMENT.—The Director of Na- of such tour of duty for a period of four years (ii) to undertake such activities as the Sec- tional Intelligence is authorized to provide for such tour of duty as a member of the retary considers appropriate to encourage appropriate reimbursement to the head of an nurse corps of the Armed Force concerned. current and prospective nurses to pursue agency, department, or entity of the United Any service agreed to by an officer under service in the nurse corps of the Armed States Government that provides support re- this paragraph is in addition to any other Forces. quested under paragraph (1) or any other per- service required of the officer under law. (e) TRANSITION ASSISTANCE FOR RETIRING NURSE OFFICERS QUALIFIED AS FACULTY.— son or entity that provides assistance re- (c) SERVICE OF NURSE OFFICERS AS FACULTY (1) IN GENERAL.—One of the programs requested under paragraph (2). IN EXCHANGE FOR SCHOLARSHIPS FOR NURSE quired under this section shall be a program (4) AUTHORIZATION OF APPROPRIATIONS.— OFFICER CANDIDATES.— in which the Secretary provides to commis- There are authorized to be appropriated to (1) IN GENERAL.—One of the programs re- sioned officers of the nurse corps of the the Director of National Intelligence such quired under this section shall be a program Armed Force concerned described in para- sums as may be necessary to carry out this in which commissioned officers with a grad- graph (2) the assistance described in para- subsection. uate degree in nursing or a related field who graph (3) to assist such officers in obtaining (e) FORM.—The National Intelligence Esti- are in the nurse corps of the Armed Force and fulfilling positions as full-time faculty mate required by subsection (a) shall be sub- concerned serve while on active duty a tour members of an accredited school of nursing mitted in unclassified form, to the extent of duty of two years as a full-time faculty after retirement from the Armed Forces. consistent with the protection of intel- member of an accredited school of nursing. (2) COVERED NURSE OFFICERS.—A commis- ligence sources and methods, and include un- (2) BENEFITS AND PRIVILEGES.—An officer classified key judgments of the National In- sioned officer of the nurse corps of the serving on the faculty of an accredited Armed Forces described in this paragraph is telligence Estimate. The National Intel- school of nursing under this subsection shall ligence Estimate may include a classified a nurse officer who— be accorded all the benefits, privileges, and (A) has served an aggregate of at least 20 annex. responsibilities (other than compensation (f) DUPLICATION.—If the Director of Na- years on active duty or in reserve active sta- and compensation-related benefits) of any tus in the Armed Forces; tional Intelligence determines that a Na- other comparably situated individual serving tional Intelligence Estimate has been pre- (B) is eligible for retirement from the as a full-time faculty member of such school. Armed Forces; and pared that includes the content required by (3) SCHOLARSHIPS FOR NURSE OFFICER CAN- subsection (a) prior to the date of the enact- (C) possesses a doctoral or master degree in DIDATES.—(A) Each accredited school of nurs- nursing or a related field which qualifies the ment of this Act, the Director of National ing at which an officer serves on the faculty Intelligence shall not be required to produce nurse officer to discharge the position of under this subsection shall provide scholar- nurse instructor at an accredited school of the National Intelligence Estimate required ships to individuals undertaking an edu- by such subsection. nursing. cational program at such school leading to a (3) ASSISTANCE.—The assistance described Mr. DURBIN (for himself, degree in nursing who agree, upon comple- in this paragraph is assistance as follows: SA 2043. tion of such program, to accept a commis- Mr. INHOFE, Mr. OBAMA, Mr. MENENDEZ, (A) Career placement assistance. sion as an officer in the nurse corps of the (B) Continuing education. and Mr. BIDEN) submitted an amend- Armed Forces. (C) Stipends (in an amount specified by the ment intended to be proposed by him (B) The amount of funds made available for Secretary). to the bill H.R. 1585, to authorize ap- scholarships by an accredited school of nurs- (4) AGREEMENT.—A nurse officer provided propriations for fiscal year 2008 for ing under subparagraph (A) for each officer assistance under this subsection shall enter military activities of the Department serving on the faculty of that school under into an agreement with the Secretary to of Defense, for military construction, this subsection shall be not less than the serve as a full-time faculty member of an ac- and for defense activities of the De- amount equal to an entry-level full-time fac- credited school of nursing for such period as ulty member of that school for each year partment of Energy, to prescribe mili- the Secretary shall provide in the agree- that such officer so serves on the faculty of ment. tary personnel strengths for such fiscal that school. (f) BENEFITS FOR RETIRED NURSE OFFICERS year, and for other purposes; which was (C) The total number of scholarships pro- ACCEPTING APPOINTMENT AS FACULTY.— ordered to lie on the table; as follows: vided by an accredited school of nursing (1) IN GENERAL.—One of the programs re- At the end of subtitle D of title V, add the under subparagraph (A) for each officer serv- quired under this section shall be a program following: ing on the faculty of that school under this in which the Secretary provides to any indi- SEC. 555. NURSE MATTERS. subsection shall be such number as the Sec- vidual described in paragraph (2) the benefits (a) IN GENERAL.—The Secretary of Defense retary of Defense shall specify for purposes specified in paragraph (3). shall provide for the carrying out of each of of this subsection. (2) COVERED INDIVIDUALS.—An individual the programs described in subsections (b) (d) SCHOLARSHIPS FOR CERTAIN NURSE OFFI- described in this paragraph is an individual through (f), with each of the military depart- CERS FOR EDUCATION AS NURSES.— who— ments to carry out at least one such pro- (1) IN GENERAL.—One of the programs re- (A) is retired from the Armed Forces after gram. quired under this section shall be a program service as a commissioned officer in the (b) SERVICE OF NURSE OFFICERS AS FACULTY in which the Secretary provides scholarships nurse corps of the Armed Forces; IN EXCHANGE FOR COMMITMENT TO ADDITIONAL to commissioned officers of the nurse corps (B) holds a graduate degree in nursing; and SERVICE IN THE ARMED FORCES.— of the Armed Force concerned described in (C) serves as a full-time faculty member of (1) IN GENERAL.—One of the programs re- paragraph (2) who enter into an agreement an accredited school of nursing. quired under this section shall be a program described in paragraph (4) for the participa- (3) BENEFITS.—The benefits specified in in which covered commissioned officers with tion of such officers in an educational pro- this paragraph shall include the following: a graduate degree in nursing or a related gram of an accredited school of nursing lead- (A) Payment of retired or retirement pay field who are in the nurse corps of the Armed ing to a graduate degree in nursing. without reduction based on receipt of pay or Force concerned serve a tour of duty of two (2) COVERED NURSE OFFICERS.—A commis- other compensation from the institution of years as a full-time faculty member of an ac- sioned officer of the nurse corps of the higher education concerned. credited school of nursing. Armed Forces described in this paragraph is (B) Payment by the institution of higher (2) COVERED OFFICERS.—A commissioned of- a nurse officer who has served not less than education concerned of a salary and other ficer of the nurse corps of the Armed Forces 20 years on active duty in the Armed Forces compensation to which other similarly situ- described in this paragraph is a nurse officer and is otherwise eligible for retirement from ated faculty members of the institution of on active duty who has served for more than the Armed Forces. higher education would be entitled. nine years on active duty in the Armed (3) SCOPE OF SCHOLARSHIPS.—Amounts in a (C) If the amount of pay and other com- Forces as an officer of the nurse corps at the scholarship provided a nurse officer under pensation payable by the institution of high- time of the commencement of the tour of this subsection may be utilized by the officer er education concerned for service as an as- duty described in paragraph (1). to pay the costs of tuition, fees, and other sociate full-time faculty member is less than (3) BENEFITS AND PRIVILEGES.—An officer educational expenses of the officer in partici- the basic pay to which the individual was en- serving on the faculty of an accredited pating in an educational program described titled immediately before retirement from school or nursing under this subsection shall in paragraph (1). the Armed Forces, payment of an amount

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8956 CONGRESSIONAL RECORD — SENATE July 10, 2007 equal to the difference between such basic proposed by her to the bill H.R. 1585, to (g) TRANSFERS TO POSTAL SERVICE.— pay and such payment and other compensa- authorize appropriations for fiscal year (1) BASED ON ESTIMATES.—The Secretary of tion. 2008 for military activities of the De- Defense shall transfer to the Postal Service, (g) DEFINITIONS.—In this section, the terms partment of Defense, for military con- out of amounts available to carry out the ‘‘school of nursing’’ and ‘‘accredited’’ have struction, and for defense activities of program and in advance of each calendar the meaning given those terms in section 801 quarter during which postal benefits may be of the Public Health Service Act (42 U.S.C. the Department of Energy, to prescribe used under the program, an amount equal to 296). military personnel strengths for such the amount of postal benefits that the Sec- fiscal year, and for other purposes; retary estimates will be used during such SA 2044. Mr. WARNER (for himself which was ordered to lie on the table, quarter, reduced or increased (as the case and Mr. WEBB) submitted an amend- as follows: may be) by any amounts by which the Sec- ment intended to be proposed by him At the end subtitle F of title VI, add the retary finds that a determination under this to the bill H.R. 1585, to authorize ap- following new section: section for a prior quarter was greater than propriations for fiscal year 2008 for SEC. 683. POSTAL BENEFITS PROGRAM FOR MEM- or less than the amount finally determined for such quarter. military activities of the Department BERS OF THE ARMED FORCES SERV- ING IN IRAQ OR AFGHANISTAN. (2) BASED ON FINAL DETERMINATION.—A of Defense, for military construction, (a) AVAILABILITY OF POSTAL BENEFITS.— final determination of the amount necessary and for defense activities of the De- The Secretary of Defense, in consultation to correct any previous determination under partment of Energy, to prescribe mili- with the United States Postal Service, shall this section, and any transfer of amounts be- tary personnel strengths for such fiscal provide for a program under which postal tween the Postal Service and the Depart- year, and for other purposes; which was benefits are provided to qualified individuals ment of Defense based on that final deter- ordered to lie on the table; as follows: in accordance with this section. mination, shall be made not later than six (b) QUALIFIED INDIVIDUAL.—In this section, months after the end of the one-year period At the end of section 131, add the fol- the term ‘‘qualified individual’’ means a referred to in subsection (e)(2)(B). lowing: member of the Armed Forces on active duty (3) CONSULTATION REQUIRED.—All estimates (c) SHIPBUILDER TEAMING REQUIREMENTS.— (as defined in section 101 of title 10, United and determinations under this subsection of Paragraphs (2)(A), (3), and (4) of section States Code) who— the amount of postal benefits under the pro- 121(b) of the National Defense Authorization (1) is serving in Iraq or Afghanistan; or gram used in any period shall be made by the Act for Fiscal Year 1998 (Public Law 105–85; (2) is hospitalized at a facility under the Secretary of Defense in consultation with 111 Stat. 1648) shall apply in the exercise of jurisdiction of the Department of Defense as the Postal Service. authority under subsection (a) to enter into a result of a disease or injury incurred as a (h) FUNDING.— multiyear contracts described in that sub- result of service in Iraq or Afghanistan. (1) ADDITIONAL AMOUNT FOR MILITARY PER- section. (c) POSTAL BENEFITS DESCRIBED.— SONNEL.—The aggregate amount authorized (1) VOUCHERS.—The postal benefits pro- SA 2045. Mr. WARNER (for himself to be appropriated by section 421 for military vided under the program shall consist of personnel is hereby increased by $10,000,000. EBB and Mr. W ) submitted an amend- such coupons or other similar evidence of (2) AVAILABILITY.—Of the amount author- ment intended to be proposed by him credit, whether in printed, electronic, or ized to be appropriated by section 421 for to the bill H.R. 1585, to authorize ap- other format (in this section referred to as a military personnel, as increased by para- propriations for fiscal year 2008 for ‘‘voucher’’), as the Secretary of Defense, in graph (1), $10,000,000 may be available for military activities of the Department consultation with the Postal Service, shall postal benefits as provided in this section. determine, which entitle the bearer or user of Defense, for military construction, (3) OFFSET.—The aggregate amount au- to make qualified mailings free of postage. thorized to be appropriated by titles I, II, III, and for defense activities of the De- (2) QUALIFIED MAILING.—In this section, the partment of Energy, to prescribe mili- IV (other than the amounts authorized to be term ‘‘qualified mailing’’ means the mailing appropriated and made available by this sub- tary personnel strengths for such fiscal of a single mail piece which— section), XV, XXI, XXII, XXIII, XXIV, XXV, year, and for other purposes; which was (A) is first-class mail (including any sound- XXVI, XXVII, and XXVIII is hereby reduced ordered to lie on the table; as follows: or video-recorded communication) not ex- by $10,000,000, with the amount of the reduc- Strike section 1215 and insert the fol- ceeding 13 ounces in weight and having the tion to be allocated among such titles in a lowing: character of personal correspondence or par- manner determined appropriate by the Sec- cel post not exceeding 10 pounds in weight; retary of Defense. SEC. 1215. SENSE OF CONGRESS ON MILITARY AS- (B) is sent from within an area served by a SISTANCE AND THE RETURN TO DEMOCRATIC RULE IN THAILAND. United States post office; and SA 2047. Mrs. CLINTON submitted an (C) is addressed to a qualified individual. (a) FINDINGS.—Congress makes the fol- amendment intended to be proposed by (3) COORDINATION RULE.—Postal benefits lowing findings: her to the bill H.R. 1585, to authorize (1) Thailand is an important strategic ally under the program are in addition to, and not in lieu of, any reduced rates of postage appropriations for fiscal year 2008 for and economic partner of the United States. military activities of the Department (2) The United States strongly supports the or other similar benefits which might other- prompt restoration of democratic rule in wise be available by or under law, including of Defense, for military construction, Thailand. any rates of postage resulting from the ap- and for defense activities of the De- (3) While it is in the interest of the United plication of section 3401(b) of title 39, United partment of Energy, to prescribe mili- States to have a robust defense relationship States Code. tary personnel strengths for such fiscal (d) NUMBER OF VOUCHERS.—A member of with Thailand, it is appropriate that the the Armed Forces shall be eligible for one year, and for other purposes; which was United States has curtailed certain military- voucher for every second month in which the ordered to lie on the table, as follows: to-military cooperation and assistance pro- member is a qualified individual. At the end of subtitle D of title VI, add the grams until democratic rule has been re- (e) LIMITATIONS ON USE; DURATION.—A following: stored in Thailand. voucher may not be used— SEC. 656. ADDITIONAL INDIVIDUALS ELIGIBLE (b) SENSE OF CONGRESS.—It is the sense of (1) for more than a single qualified mail- Congress that— FOR TRANSPORTATION FOR SUR- ing; or VIVORS OF DECEASED MEMBERS TO (1) Thailand should continue on the path to (2) after the earlier of— ATTEND THE MEMBER’S BURIAL restore democratic rule as quickly as pos- (A) the expiration date of the voucher, as CEREMONIES. sible, and should hold free and fair national designated by the Secretary of Defense; or Section 411f(c) of title 37, United States elections as soon as possible and no later (B) the end of the one-year period begin- Code, is amended— than December 2007; and ning on the date on which the regulations (1) in paragraph (1) by adding at the end (2) once Thailand has fully reestablished prescribed under subsection (f) take effect. the following new subparagraphs: democratic rule, it will be both possible and (f) REGULATIONS.—Not later than 30 days ‘‘(D) Any child of the parent or parents of desirable for the United States to reinstate a after the date of the enactment of this Act, the deceased member who is under the age of full program of military assistance to the the Secretary of Defense (in consultation 18 years if such child is attending the burial Government of Thailand, including programs with the Postal Service) shall prescribe such ceremony of the memorial service with the such as International Military Education regulations as may be necessary to carry out parent or parents and would otherwise be and Training (IMET) and Foreign Military the program, including— left unaccompanied by the parent or parents. Financing (FMF) that were appropriately (1) procedures by which vouchers will be ‘‘(E) The person who directs the disposition suspended following the military coup in provided or made available in timely manner of the remains of the deceased member under Thailand in September 2006. to qualified individuals; and section 1482(c) of title 10, or, in the case of a (2) procedures to ensure that the number of deceased member whose remains are com- SA 2046. Mrs. CLINTON (for herself, vouchers provided or made available with re- mingled and buried in a common grave in a Mr. COLEMAN, and Mr. SANDERS) sub- spect to any qualified individual complies national cemetery, the person who have been mitted an amendment intended to be with subsection (d). designated under such section to direct the

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8957 disposition of the remains if individual iden- (B) Serving in roles consistent with cus- (3) How often the results are analyzed and tification had been made.’’; and tomary diplomatic positions. reported back to the treatment facilities. (2) in paragraph (2), by striking ‘‘may be (C) Training and equipping members of the (4) To whom survey feedback is made provided to—’’ and all that follows through Iraqi Security Forces. available. the end and inserting ‘‘may be provided to up (D) Engaging in targeted actions against (5) How best practices are incorporated for to two additional persons closely related to members of al-Qaeda and allied parties and quality improvement. the deceased member who are selected by the other terrorist organizations with global (6) An analysis of the impact and effect of person referred to in paragraph (1)(E).’’. reach. inpatient and outpatient surveys quality im- (3) WAIVER AUTHORITY.— provement and a comparison of patient satis- SA 2048. Mr. HAGEL submitted an (A) IN GENERAL.—The President may waive faction survey programs with patient satis- amendment intended to be proposed by the redeployment requirements of this sub- faction survey programs used by other public him to the bill H.R. 1585, to authorize section if he submits to Congress a written and private health care systems and organi- appropriations for fiscal year 2008 for certification setting forth a detailed jus- zations. military activities of the Department tification for the waiver. The certification (c) USE OF REPORT INFORMATION.—The Sec- of Defense, for military construction, shall be submitted in unclassified form, but retary shall use information in the report as and for defense activities of the De- may include a classified annex. the basis for a plan for improvements in patient satisfaction surveys at health care at partment of Energy, to prescribe mili- (B) DURATION.—A waiver under subparagraph (A) shall be effective for 90 days begin- military treatment facilities in order to en- tary personnel strengths for such fiscal ning on the date of the submittal of the cer- sure the provision of high quality healthcare year, and for other purposes; which was tification under such subparagraph. and hospital services in such facilities. ordered to lie on the table; as follows: (C) RENEWAL.—A waiver under subpara- At the end of title XV, add the following: graph (A) may be renewed if, before the end SA 2051. Mr. COLEMAN (for himself SEC. 1535. MODIFICATIONS TO UNITED STATES of the expiration of the waiver under sub- and Ms. KLOBUCHAR) submitted an POLICY IN IRAQ. paragraph (B), the President submits to Con- amendment intended to be proposed by (a) FINDINGS.—Congress makes the fol- gress a certification meeting the require- him to the bill H.R. 1585, to authorize lowing findings: ments of subparagraph (A). Any waiver so re- appropriations for fiscal year 2008 for (1) The President and Congress must now newed may be further renewed as provided in focus on developing a viable new strategy in this subparagraph. military activities of the Department Iraq that the American people can support (e) REPORTING REQUIREMENT.—The Presi- of Defense, for military construction, and that protects and advances United dent shall include in each report required and for defense activities of the De- States interests in the Middle East. under section 1227(c) of the National Defense partment of Energy, to prescribe mili- (2) Political accommodation in Iraq can Authorization Act for Fiscal Year 2006 (50 tary personnel strengths for such fiscal only be achieved within a constructive re- U.S.C. 1541 note) the following: year, and for other purposes; which was gional framework supported by the inter- (1) A comprehensive update on the diplo- ordered to lie on the table; as follows: national community. The role of the re- matic and political measures undertaken by gional and international community must be the President pursuant to this section. At the end of subtitle C of title V, add the enhanced. (2) A description of the progress made in following: (b) SENSE OF CONGRESS.—It is the sense of transitioning the mission of the United SEC. 536. SATISFACTION OF PROFESSIONAL LI- Congress that— States forces in Iraq and implementing the CENSURE AND CERTIFICATION RE- (1) the primary objective of United States phased redeployment of United States forces QUIREMENTS BY MEMBERS OF THE policy on Iraq should be to help achieve Iraqi NATIONAL GUARD AND RESERVE ON from Iraq as required under subsection (d). ACTIVE DUTY. political accommodation that will begin to (a) ADDITIONAL PERIOD BEFORE RE-TRAIN- move Iraq toward political reconciliation; SA 2049. Mr. CHAMBLISS (for him- ING OF NURSE AIDES REQUIRED UNDER MEDI- (2) the United States Government must self and Mr. PRYOR) submitted an CARE AND MEDICAID PROGRAMS.— refocus its policy, leadership, and resources amendment intended to be proposed by (1) MEDICARE.—Section 1819(b)(5)(D) of the on directly helping the people of Iraq estab- him to the bill H.R. 1585, to authorize Social Security Act (42 U.S.C. 1395i– lish an inclusive political framework to appropriations for fiscal year 2008 for 3(b)(5)(D)) is amended— begin to defuse the violence in that country; military activities of the Department (A) by striking ‘‘For purposes of’’ and in- and serting the following: (3) United States policy on Iraq should be of Defense, for military construction, ‘‘(i) IN GENERAL.—Subject to clause (ii), for one element of a new strategic direction for and for defense activities of the De- purposes of’’; and the United States in the Middle East region partment of Energy, to prescribe mili- (B) by inserting after clause (i), as added that includes— tary personnel strengths for such fiscal by subparagraph (A), the following new (A) engaging countries in the Middle East year, and for other purposes; which was clause: to develop a sustainable and constructive ordered to lie on the table; as follows: ‘‘(ii) EXCEPTION FOR ACTIVE DUTY MILITARY comprehensive regional security framework; On page 155, beginning on line 18, strike SERVICE.—For purposes of clause (i), if, since (B) making a renewed commitment to ad- ‘‘the date of the enactment of this sub- an individual’s most recent completion of a dressing the Arab-Israeli conflict. section’’ and insert ‘‘September 11, 2001’’. training and competency evaluation pro- (c) APPOINTMENT OF INTERNATIONAL MEDI- gram, the individual was ordered to active ATOR IN IRAQ.—The President shall direct the SA 2050. Mr. CHAMBLISS (for him- United States Permanent Representative to duty in the Armed Forces or was engaged in self and Mr. PRYOR) submitted an the United Nations to use the voice, vote, employment outside the United States essen- and influence of the United States at the amendment intended to be proposed by tial to the prosecution of a war or to na- United Nations to seek the appointment of him to the bill H.R. 1585, to authorize tional defense, the 24-consecutive-month pe- an international mediator in Iraq, under the appropriations for fiscal year 2008 for riod described in clause (i) shall begin on the auspices of the United Nations Security military activities of the Department date on which the individual completes the Council, who has the authority of the inter- of Defense, for military construction, active duty service or employment. The pre- national community to engage political, re- and for defense activities of the De- ceding sentence shall not apply to an individual who had already reached such 24-con- ligious, ethnic, and tribal leaders in Iraq in partment of Energy, to prescribe mili- an inclusive political process. secutive-month period on the date on which (d) PHASED REDEPLOYMENT OF UNITED tary personnel strengths for such fiscal such individual was ordered to such active STATES FORCES FROM IRAQ.— year, and for other purposes; which was duty service or was engaged in such employ- (1) TRANSITION OF MISSION.—The Secretary ordered to lie on the table; as follows: ment.’’. of Defense shall promptly transition the mis- At the end of title VII, add the following: (2) MEDICAID.—Section 1919(b)(5)(D) of the sion of United States forces in Iraq to the SEC. 703. REPORT ON PATIENT SATISFACTION Social Security Act (42 U.S.C. 1396r(b)(5)(D)) limited purposes set forth in paragraph (2). SURVEYS. is amended— (2) COMMENCEMENT OF PHASED REDEPLOY- (a) REPORT REQUIRED.—Not later than (A) by striking ‘‘For purposes of’’ and in- MENT.—The President shall commence the March 1, 2008, the Secretary of Defense shall serting the following: phased redeployment of United States forces submit to the congressional defense commit- ‘‘(i) IN GENERAL.—Subject to clause (ii), for from Iraq not later than 120 days after the tees a report on the ongoing patient satisfac- purposes of’’; and date of the enactment of this Act, with the tion surveys taking place in Department of (B) by inserting after clause (i), as added goal of redeploying, by March 31, 2008, all Defense inpatient and outpatient settings at by subparagraph (A), the following new United States combat forces from Iraq ex- military treatment facilities. clause: cept for a limited number that are essential (b) CONTENT.—The report required under ‘‘(ii) EXCEPTION FOR ACTIVE DUTY MILITARY for the following purposes: subsection (a) shall include the following: SERVICE.—For purposes of clause (i), if, since (A) Protecting diplomatic facilities and (1) The types of survey questions asked. an individual’s most recent completion of a citizens of the United States, including (2) How frequently the surveying is con- training and competency evaluation pro- members of the Armed Forces. ducted. gram, the individual was ordered to active

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8958 CONGRESSIONAL RECORD — SENATE July 10, 2007 duty in the Armed Forces or was engaged in ‘‘(A) The date that is 45 days after the date military activities of the Department employment outside the United States essen- on which the Secretary of the Air Force sub- of Defense, for military construction, tial to the prosecution of a war or to na- mits the report specified in paragraph (2). and for defense activities of the De- tional defense, the 24-consecutive-month pe- ‘‘(B) The date of the completion by the partment of Energy, to prescribe mili- riod described in clause (i) shall begin on the Secretary of written notification of such re- date on which the individual completes the tirement to the congressional defense com- tary personnel strengths for such fiscal active duty service or employment. The pre- mittees in accordance with established pro- year, and for other purposes; which was ceding sentence shall not apply to an indi- cedures.’’. ordered to lie on the table, as follows: vidual who had already reached such 24-con- At the end of subtitle C of title X, add the secutive-month period on the date on which SA 2054. Mr. LIEBERMAN (for him- following: such individual was ordered to such active self and Mrs. BOXER) submitted an SEC. 1031. PROVISION OF CONTACT INFORMA- duty service or was engaged in such employ- amendment intended to be proposed by TION OF SEPARATING MEMBERS OF ment.’’. him to the bill H.R. 1585, to authorize THE ARMED FORCES BY SECRETARY (b) REPORT ON RELIEF FROM REQUIREMENTS OF DEFENSE TO STATE VETERANS appropriations for fiscal year 2008 for AGENCIES. FOR NATIONAL GUARD AND RESERVE ON LONG- military activities of the Department Upon the separation of a member of the TERM ACTIVE DUTY.—Not later than 120 days after the date of the enactment of this Act, of Defense, for military construction, Armed Forces from the Armed Forces, the the Secretary of Defense shall submit to and for defense activities of the De- Secretary of Defense shall, upon the consent Congress a report setting forth recommenda- partment of Energy, to prescribe mili- of the member, provide the address and other tions for such legislative action as the Sec- tary personnel strengths for such fiscal appropriate contact information of the mem- retary considers appropriate (including ber to the State veterans agency in the State year, and for other purposes; which was in which the veteran will first reside after amendments to the Servicemembers Civil ordered to lie on the table, as follows: Relief Act (50 U.S.C. App. 501 et seq.)) to pro- separation. At the end of subtitle D of title X, add the vide for the exemption or tolling of profes- following: SA 2056. Mr. HARKIN (for himself, sional or other licensure or certification requirements for the conduct or practice of a SEC. 703. REVIEW OF MENTAL HEALTH SERVICES Ms. COLLINS, Mr. KERRY, Ms. profession, trade, or occupation with respect AND TREATMENT FOR FEMALE MEM- KLOBUCHAR, and Ms. CANTWELL) sub- BERS OF THE ARMED FORCES AND mitted an amendment intended to be to members of the National Guard and Re- FOR FEMALE VETERANS. serve who are on active duty in the Armed (a) COMPREHENSIVE REVIEW.—The Sec- proposed by him to the bill H.R. 1585, Forces for an extended period of time. retary of Defense and the Secretary of Vet- to authorize appropriations for fiscal erans Affairs shall jointly conduct a com- year 2008 for military activities of the Mrs. FEINSTEIN (for herself SA 2052. prehensive review of— Department of Defense, for military and Mr. SPECTER) submitted an amend- (1) the need for mental health treatment construction, and for defense activities ment intended to be proposed by her to and services for female members of the of the Department of Energy, to pre- the bill H.R. 1585, to authorize appro- Armed Forces and for female veterans; scribe military personnel strengths for priations for fiscal year 2008 for mili- (2) the efficacy and adequacy of existing such fiscal year, and for other pur- tary activities of the Department of mental health treatment programs and services for female members of the Armed poses; which was ordered to lie on the Defense, for military construction, and table; as follows: for defense activities of the Depart- Forces; and At the end of subtitle G of title V, add the ment of Energy, to prescribe military (3) the efficacy and adequacy of existing mental health treatment programs and serv- following: personnel strengths for such fiscal ices for female veterans. SEC. 583. FAMILY SUPPORT FOR FAMILIES OF year, and for other purposes; which was (b) ELEMENTS.—The review required by MEMBERS OF THE ARMED FORCES ordered to lie on the table; as follows: subsection (a) shall include an assessment of UNDERGOING DEPLOYMENT, IN- Strike section 824. the following: CLUDING NATIONAL GUARD AND RE- SERVE PERSONNEL. (1) The need for mental health outreach, (a) FAMILY SUPPORT.— prevention, and treatment services specifi- SA 2053. Mr. CONRAD (for himself, (1) IN GENERAL.—The Secretary of Defense cally for female members of the Armed Mr. DORGAN, Ms. LANDRIEU, and Mr. shall enhance and improve current programs Forces. VITTER) submitted an amendment in- of the Department of Defense to provide fam- (2) The need for mental health outreach, tended to be proposed by him to the ily support for families of deployed members prevention, and treatment services specifi- of the Armed Forces, including deployed bill H.R. 1585, to authorize appropria- cally for female veterans. members of the National Guard and Reserve, tions for fiscal year 2008 for military (3) The access to and efficacy of existing in order to improve the assistance available activities of the Department of De- mental health outreach, prevention, and for families of such members before, during, fense, for military construction, and treatment services and programs (including and after their deployment cycle. for defense activities of the Depart- substance abuse programs) for female vet- (2) SPECIFIC ENHANCEMENTS.—In enhancing erans who served in a combat zone. ment of Energy, to prescribe military and improving programs under paragraph (1), (4) The access to and efficacy of services personnel strengths for such fiscal the Secretary shall enhance and improve the and treatment for female members of the year, and for other purposes; which was availability of assistance to families of mem- Armed Forces who experience post-trau- ordered to lie on the table, as follows: bers of the Armed Forces, including members matic stress disorder (PTSD). of the National Guard and Reserve, including At the end of subtitle D of title I, add the (5) The access to and efficacy of services assistance in— following: and treatment for female veterans who expe- (A) preparing and updating family care SEC. 143. MODIFICATION OF LIMITATIONS ON RE- rience post-traumatic stress disorder. plans; TIREMENT OF B–52 BOMBER AIR- (6) The availability of services and treat- CRAFT. (B) securing information on health care ment for female members of the Armed (a) MAINTENANCE OF PRIMARY AND BACKUP and mental health care benefits and services Forces who experienced sexual assault or INVENTORY OF AIRCRAFT.—Subsection (a)(1) and on other community resources; abuse. of section 131 of the John Warner National (C) providing referrals for— (7) The availability of services and treat- Defense Authorization Act for Fiscal Year (i) crisis services; and ment for female veterans who experienced 2007 (Public Law 109–364; 120 Stat. 2111) is (ii) marriage counseling and family coun- sexual assault or abuse. amended— seling; and (8) The access to and need for treatment fa- (1) in subparagraph (A), by striking ‘‘and’’ (D) financial counseling. cilities focusing on the mental health care at the end; (b) POST-DEPLOYMENT ASSISTANCE FOR needs of female members of the Armed (2) in subparagraph (B), by striking the pe- SPOUSES AND PARENTS OF RETURNING MEM- Forces. riod at the end and inserting ‘‘; and’’; and BERS.— (9) The access to and need for treatment fa- (3) by adding at the end the following new (1) IN GENERAL.—The Secretary of Defense cilities focusing on the mental health care subparagraph (C): shall provide spouses and parents of mem- needs of female veterans. ‘‘(C) shall maintain in a common configu- bers of the Armed Forces, including members (10) The need for further clinical research ration a primary aircraft inventory of not of the National Guard and Reserve, who are on the unique needs of female veterans who less than 63 such aircraft and a backup air- returning from deployment assistance in— served in a combat zone. craft inventory of not less than 11 such air- (A) understanding issues that arise in the readjustment of such members— craft.’’. SA 2055. Mr. LIEBERMAN (for him- (b) NOTICE OF RETIREMENT.—Subsection (i) for members of the National Guard and (b)(1) of such section is amended by striking self and Mrs. BOXER) submitted an Reserve, to civilian life; and ‘‘until’’ and all that follows and inserting amendment intended to be proposed by (ii) for members of the regular components the following: ‘‘until the later of the fol- him to the bill H.R. 1585, to authorize of the Armed Forces, to military life in a lowing: appropriations for fiscal year 2008 for non-combat environment;

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8959 (B) identifying signs and symptoms of (C) A description of best practices identi- SEC. 1535. MODIFICATIONS TO UNITED STATES mental health conditions; and fied for building psychological and emotional POLICY IN IRAQ. (C) encouraging such members and their resiliency in children, or infants and tod- (a) FINDINGS.—Congress makes the fol- families in seeking assistance for such condi- dlers, in coping with the deployment of de- lowing findings: tions. ployed members of the Armed Forces, in- (1) The President and Congress must now (2) INFORMATION ON AVAILABLE RE- cluding National Guard and Reserve per- focus on developing a viable new strategy in SOURCES.—In providing assistance under sonnel. Iraq that the American people can support paragraph (1), the Secretary shall provide in- (D) A plan for dissemination throughout and that protects and advances United formation on local resources for mental the military departments of the most effec- States interests in the Middle East. health services, family counseling services, tive practices for outreach, training, and (2) Political accommodation in Iraq can or other appropriate services, including serv- building psychological and emotional resil- only be achieved within a constructive re- ices available from both military providers iency in the children of deployed members. gional framework supported by the inter- of such services and community-based pro- national community. The role of the re- viders of such services. SA 2057. Mr. FEINGOLD submitted gional and international community must be enhanced. (3) TIMING.—The Secretary shall provide an amendment intended to be proposed (b) SENSE OF CONGRESS.—It is the sense of resources under paragraph (1) to a member of by him to the bill H.R. 1585, to author- Congress that— the Armed Forces approximately six months ize appropriations for fiscal year 2008 (1) the primary objective of United States after the date of the return of such member for military activities of the Depart- policy on Iraq should be to help achieve Iraqi from deployment. ment of Defense, for military construc- political accommodation that will begin to SEC. 584. SUPPORT SERVICES FOR CHILDREN, IN- move Iraq toward political reconciliation; FANTS, AND TODDLERS OF MEM- tion, and for defense activities of the BERS OF THE ARMED FORCES UN- Department of Energy, to prescribe (2) the United States Government must DERGOING DEPLOYMENT, INCLUD- military strengths for such fiscal year, refocus its policy, leadership, and resources ING NATIONAL GUARD AND RE- on directly helping the people of Iraq estab- SERVE PERSONNEL. and for other purposes; which was or- lish an inclusive political framework to (a) ENHANCEMENT OF SUPPORT SERVICES FOR dered to lie on the table, as follows: begin to defuse the violence in that country; CHILDREN.—The Secretary of Defense shall— At the end of subtitle E of title X, add the and (1) provide information to parents and following: (3) United States policy on Iraq should be other caretakers of children, including in- SEC. 1070. TERMINATION OR SUSPENSION OF one element of a new strategic direction for fants and toddlers, who are deployed mem- CONTRACTS FOR CELLULAR TELE- the United States in the Middle East region bers of the Armed Forces to assist such par- PHONE SERVICE FOR that includes— ents and caretakers in responding to the ad- SERVICEMEMBERS UNDERGOING (A) engaging countries in the Middle East verse implications of such deployment (and DEPLOYMENT OUTSIDE THE UNITED to develop a sustainable and constructive STATES. the death or injury of such members during comprehensive regional security framework; (a) IN GENERAL.—Title III of the such deployment) for such children, includ- and Servicemembers Civil Relief Act (50 U.S.C. ing the role such parents and caretakers can (B) making a renewed commitment to ad- App. 531 et seq.) is amended by inserting play in addressing and mitigating such im- dressing the Arab-Israeli conflict. after section 305 the following new section: plications; (c) APPOINTMENT OF INTERNATIONAL MEDI- (2) develop programs and activities to in- ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF ATOR IN IRAQ.—The President shall direct the CONTRACTS FOR CELLULAR TELE- United States Permanent Representative to crease awareness throughout the military PHONE SERVICE. and civilian communities of the potential the United Nations to use the voice, vote, ‘‘(a) IN GENERAL.—A servicemember who adverse implications of such deployment (in- and influence of the United States at the receives orders to deploy outside of the con- United Nations to seek the appointment of cluding the death or injury of such members tinental United States for not less than 90 during such deployment) for such children an international mediator in Iraq, under the days may request the termination or suspen- auspices of the United Nations Security and their families and to increase collabora- sion of any contract for cellular telephone tion within such communities to address and Council, who has the authority of the inter- service entered into by the servicemember national community to engage political, re- mitigate such implications; before that date if the servicemember’s abil- ligious, ethnic, and tribal leaders in Iraq in (3) develop training for early childhood ity to satisfy the contract or to utilize the an inclusive political process. education, child care, mental health, health service will be materially affected by that (d) PHASED REDEPLOYMENT OF UNITED care, and family support professionals to en- period of deployment. The request shall in- STATES FORCES FROM IRAQ.— hance the awareness of such professionals of clude a copy of the servicemember’s military (1) TRANSITION OF MISSION.—The Secretary their role in assisting families in addressing orders. of Defense shall promptly transition the mis- and mitigating the potential adverse impli- ‘‘(b) RELIEF.—Upon receiving the request of sion of United States forces in Iraq to the cations of such deployment (including the a servicemember under subsection (a), the limited purposes set forth in paragraph (2). death or injury of such members during such cellular telephone service contractor con- (2) COMMENCEMENT OF PHASED REDEPLOY- deployment) for such children; and cerned shall, at the election of the con- MENT.—The President shall commence the (4) conduct or sponsor research on best tractor— phased redeployment of United States forces practices for building psychological and ‘‘(1) grant the requested relief without im- from Iraq not later than 120 days after the emotional resiliency in such children in cop- position of an early termination fee for ter- date of the enactment of this Act, with the ing with the deployment of such members. mination of the contract or a reactivation goal of redeploying, by March 31, 2008, all (b) REPORTS.— fee for suspension of the contract; or United States combat forces from Iraq ex- (1) REPORTS REQUIRED.—At the end of the ‘‘(2) permit the servicemember to suspend cept for a limited number that are essential 18-month period beginning on the date of the the contract at no charge until the end of for the following purposes: enactment of this Act, and at the end of the the deployment without requiring, whether (A) Protecting diplomatic facilities and 36-month period beginning on that date, the as a condition of suspension or otherwise, citizens of the United States, including Secretary of Defense shall submit to Con- that the contract be extended.’’. members of the Armed Forces. gress a report on the services provided under (b) CLERICAL AMENDMENT.—The table of (B) Serving in roles consistent with cus- subsection (a). contents for that Act is amended by insert- tomary diplomatic positions. (2) ELEMENTS.—Each report under para- ing after the item relating to section 305 the (C) Training and equipping members of the graph (1) shall include the following: following new item: Iraqi Security Forces. (A) An assessment of the extent to which ‘‘Sec. 305A. Termination or suspension of (D) Engaging in targeted actions against outreach to parents and other caretakers of members of al-Qaeda and allied parties and children, or infants and toddlers, as applica- contracts for cellular telephone service.’’. other terrorist organizations with global ble, of members of the Armed Forces was ef- reach. fective in reaching such parents and care- (E) Protecting the territorial integrity of takers and in mitigating any adverse effects SA 2058. Mr. HAGEL submitted an amendment intended to be proposed by Iraq. of the deployment of such members on such (3) WAIVER AUTHORITY.— children or infants and toddlers. him to the bill H.R. 1585, to authorize (A) IN GENERAL.—The President may waive (B) An assessment of the effectiveness of appropriations for fiscal year 2008 for the redeployment requirements of this sub- training materials for education, mental military activities of the Department section if he submits to Congress a written health, health, and family support profes- of Defense, for military construction, certification setting forth a detailed jus- sionals in increasing awareness of their role and for defense activities of the De- tification for the waiver. The certification in assisting families in addressing and miti- partment of Energy, to prescribe mili- shall be submitted in unclassified form, but gating the adverse effects on children, or in- tary strengths for such fiscal year, and may include a classified annex. fants and toddlers, of the deployment of de- (B) DURATION.—A waiver under subpara- ployed members of the Armed Forces, infor other purposes; which was ordered graph (A) shall be effective for 90 days begin- cluding National Guard and Reserve per- to lie on the table, as follows: ning on the date of the submittal of the cer- sonnel. At the end of title XV, add the following: tification under such subparagraph.

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(C) RENEWAL.—A waiver under subpara- ‘‘(3) Any funds made available to the De- (GWI)’’, including widespread pain, cognitive graph (A) may be renewed if, before the end partment of Homeland Security. impairment, and persistent fatigue in con- of the expiration of the waiver under sub- ‘‘(4) Any funds made available for the Na- junction with diverse other symptoms and paragraph (B), the President submits to Con- tional Nuclear Security Administration of abnormalities, that are associated with serv- gress a certification meeting the require- the Department of Energy. ice in the Southwest Asia theater of oper- ments of subparagraph (A). Any waiver so re- ‘‘(5) Any funds made available for the De- ations in the early 1990s during the Persian newed may be further renewed as provided in partment of Transportation. Gulf War. this subparagraph. ‘‘(d) NOTICE OF DETERMINATIONS.—When- (b) PROGRAM ACTIVITIES.—Activities under (e) REPORTING REQUIREMENT.—The Presi- ever the Secretary of Defense makes a deter- the program required by this section shall dent shall include in each report required mination under subsection (a) or (b), the include the following: under section 1227(c) of the National Defense Secretary— (1) Research activities on the chronic ef- Authorization Act for Fiscal Year 2006 (50 ‘‘(1) shall transmit a notice of the deter- fects of exposures to neurotoxins associated U.S.C. 1541 note) the following: mination to the Secretary of Education, to with service in the Southwest Asia theater (1) A comprehensive update on the diplo- the head of each other department or agency of operations in the early 1990s during the matic and political measures undertaken by the funds of which are subject to the deter- Persian Gulf War, body functions underlying the President pursuant to this section. mination, and to Congress; and illnesses associated with exposure to such (2) A description of the progress made in ‘‘(2) shall publish in the Federal Register a neurotoxins, and the identification of treat- transitioning the mission of the United notice of the determination and the effect of ments for such illnesses. States forces in Iraq and implementing the the determination on the eligibility of the (2) Pilot studies of treatments for the com- phased redeployment of United States forces local educational agency (and any subele- plex of symptoms described in subsection from Iraq as required under subsection (d). ment of that agency) for contracts and (a)(3) and comprehensive clinical trials of grants. such treatments that have demonstrated ef- SA 2059. Mr. CORNYN submitted an ‘‘(e) SEMIANNUAL NOTICE IN FEDERAL REG- fectiveness in previous past pilot studies, in amendment intended to be proposed by ISTER.—The Secretary of Defense shall pub- the conduct of which treatments and trials— her to the bill H.R. 1585, to authorize lish in the Federal Register once every six (A) highest priority shall be afforded to months a list of each local educational agen- appropriations for fiscal year 2008 for studies and trials to identify and develop ef- cy that is currently ineligible for contracts fective biological markers and treatments military activities of the Department and grants by reason of a determination of for such complex of symptoms; of Defense, for military construction, the Secretary under subsection (a). (B) secondary priority shall be afforded to and for defense activities of the De- ‘‘(f) DEFINITIONS.—In this section: studies and trials that identify biological partment of Energy, to prescribe mili- ‘‘(1) The term ‘local educational agency’ mechanisms underlying such complex of tary personnel strengths for such fiscal has the meaning given that term in section symptoms and can lead to the identification year, and for other purposes; which was 9101 of the Elementary and Secondary Edu- and development of such markers; and treat- cation Act of 1965 (20 U.S.C. 7801). ordered to lie on the table; as follows: ments; and ‘‘(2) The term ‘secondary school’ has the (C) no study shall be conducted on a psy- At the end of subtitle H of title V, add the meaning that term in section 9101 of the Ele- chiatric or psychological basis for such com- following: mentary and Secondary Education Act of plex of symptoms (as is consistent with cur- SEC. 594. PROHIBITION ON AVAILABILITY OF 1965 (20 U.S.C. 7801).’’. rent research findings). FEDERAL FUNDS TO LOCAL EDU- (2) CLERICAL AMENDMENT.—The table of (c) SOLICITATION AND EVALUATION OF PRO- CATIONAL AGENCIES THAT PRE- sections at the beginning of chapter 49 of VENT ACCESS TO JROTC ON CAM- GRAM ACTIVITIES.— PUSES OF SECONDARY SCHOOLS. such title is amended by inserting after the (1) SOLICITATION.—In providing for the con- (a) PROHIBITION.— item relating to section 983 the following duct of activities under the program required (1) IN GENERAL.—Chapter 49 of title 10, new item: by this section, the Army Medical Research United States Code, is amended by inserting ‘‘983a. Local educational agencies that pre- and Materiel Command shall distribute after section 983 the following new section: vent JROTC access on sec- broad solicitations and announcements of re- ‘‘§ 983a. Local educational agencies that pre- ondary school campuses.’’. quests for proposals for such activities (b) EFFECTIVE DATE.—The amendments vent JROTC access on secondary school among governmental and non-governmental made by this section shall take effect on Oc- campuses entities. tober 1, 2007, and shall apply with respect to (2) PEER REVIEW.—In selecting activities to ‘‘(a) DENIAL OF FUNDS FOR PREVENTING funds available for fiscal years beginning on be conducted under the program, the Army JROTC ACCESS TO CAMPUS.—No funds de- or after that date. Medical Research and Materiel Command scribed in subsection (c) may be provided by shall utilize a peer review process for the contract, grant, or cooperative agreement to SA 2060. Mr. SANDERS (for himself, identification of activities having the most a local educational agency (or any subele- substantial scientific merit. ment of that agency) if the Secretary of De- Mr. BYRD, and Mr. FEINGOLD) sub- (3) UTILIZATION OF EXPERT SERVICES.—In fense determines that that agency (or any mitted an amendment intended to be preparing solicitations and announcements subelement of that agency) has a policy or proposed by her to the bill H.R. 1585, to under paragraph (1), and in conducting peer practice (regardless of whether implemented) authorize appropriations for fiscal year review under paragraph (2), the Army Med- that either prohibits, or in effect prevents— 2008 for military activities of the De- ical Research and Materiel Command shall, ‘‘(1) the Secretary of a military depart- partment of Defense, for military con- to the extent practicable, utilize the services ment from maintaining, establishing or op- struction, and for defense activities of of individuals with recognized expertise in erating a unit of the Junior Reserve Officers’ the Department of Energy, to prescribe the complex of symptoms described in sub- Training Corps (in accordance with chapter section (a)(3). 102 of this title and other applicable Federal military personnel strengths for such (d) CONSULTATION.—The Army Medical Re- law) at any secondary school served by that fiscal year, and for other purposes; which was ordered to lie on the table; search and Materiel Command shall carry agency; or out the program required by this section in ‘‘(2) a student at any secondary school as follows: close consultation with the advisory com- served by that agency from enrolling in a At the end of title VII, add the following: mittee established under section 707(b) of the unit of the Junior Reserve Officers’ Training SEC. 703. PROGRAM OF RESEARCH ON DIAGNOSIS Persian Gulf War Veterans’ Health Status Corps at another secondary school. AND TREATMENT OF ILLNESSES IN- Act (title VII of Public Law 102–585; 38 U.S.C. ‘‘(b) EXCEPTION.—The limitation in sub- CURRED IN THE PERSIAN GULF 527 note). section (a) shall not apply to any local edu- WAR. (e) FUNDING.— cational agency (or any subelement of that (a) PROGRAM REQUIRED.— (1) ADDITIONAL AMOUNT FOR DEFENSE agency) if the Secretary of Defense deter- (1) IN GENERAL.—The Army Medical Re- HEALTH PROGRAM.—The amount authorized search and Materiel Command shall carry mines that the agency (and each secondary to be appropriated by section 1403 for De- out, as part of its Medical Research Pro- school served by that agency) has ceased the fense Health Program is hereby increased by gram, a program of research on the diagnosis policy or practice described in that sub- $30,000,000. section (a). and treatment of illnesses incurred by mem- (2) AVAILABILITY.—Of the amount author- ‘‘(c) COVERED FUNDS.—The limitation in bers of the Armed Forces during service in ized to be appropriated by section 1403 for subsection (a) shall apply to the following: the Southwest Asia theater of operations in Defense Health Program, as increased by ‘‘(1) Any funds made available to the De- the early 1990s during the Persian Gulf War. paragraph (1), $30,000,000 may be available for partment of Defense. (2) DESIGNATION.—The program required by the program required by this section. ‘‘(2) Any funds made available for any de- this section shall be known as the ‘‘Gulf War partment or agency for which regular appro- Veterans’ Illnesses Research Program’’. C priations are made in a Departments of (3) PURPOSE.—The purpose of the program SA 2061. Mr. M CONNELL (for him- Labor, Health and Human Services, and Edu- shall be to develop diagnostic markers and self, Mr. SALAZAR, Mr. ALLARD, and Mr. cation, and Related Agencies Appropriations treatments for the complex of symptoms BUNNING) submitted an amendment in- Act. commonly known as ‘‘Gulf War Illnesses tended to be proposed by him to the

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8961 bill H.R. 1585, to authorize appropria- SA 2062. Mr. WEBB (for himself and (3) The Iraq Study Group was composed of tions for fiscal year 2008 for military Mr. WARNER) submitted an amendment a bipartisan group of senior individuals who activities of the Department of De- intended to be proposed by him to the have had distinguished careers in public fense, for military construction, and bill H.R. 1585, to authorize appropria- service. The Group was co-chaired by former Secretary of State James A. Baker, III and for defense activities of the Depart- tions for fiscal year 2008 for military former chairman of the House Foreign Af- ment of Energy, to prescribe military activities of the Department of De- fairs Committee Lee H. Hamilton, and the personnel strengths for such fiscal fense, for military construction, and other members were former Secretary of year, and for other purposes; which was for defense activities of the Depart- State Lawrence S. Eagleburger; Vernon E. ordered to lie on the table; as follows: ment of Energy, to prescribe military Jordan, Jr, the Senior Managing Director of On page 470, after the table following line personnel strengths for such fiscal Lazard, Freres and Company; former Attor- 22, add the following: year, and for other purposes; which was ney General Edwin Meese III; former Su- SEC. 2406. MUNITIONS DEMILITARIZATION FA- ordered to lie on the table; as follows: preme Court Associate Justice Sandra Day O’Connor; former White House Chief of Staff CILITIES, BLUE GRASS ARMY DEPOT, At the end of subtitle E of title X, add the KENTUCKY, AND PUEBLO CHEMICAL Leon E. Panetta; former Secretary of De- following: ACTIVITY, COLORADO. fense William J. Perry; United States Sen- (a) INCREASE IN AMOUNT FOR CONSTRUCTION SEC. 1070. MODIFICATION OF AUTHORITIES ON ator Charles S. Robb; and United States Sen- COMMISSION TO ASSESS THE OF MUNITIONS DEMILITARIZATION FACILITY, THREAT TO THE UNITED STATES ator Alan K. Simpson. BLUE GRASS ARMY DEPOT, KENTUCKY.—The FROM ELECTROMAGNETIC PULSE (4) On June 15, 2006, President George W. amount authorized to be appropriated by ATTACK. Bush signed into law the Emergency Supple- section 2403(14) for the construction of incre- (a) EXTENSION OF DATE OF SUBMITTAL OF mental Appropriations Act for Defense, the ment 8 of a munitions demilitarization facil- FINAL REPORT.—Section 1403(a) of the Floyd Global War on Terror, and Hurricane Recov- ity at Blue Grass Army Depot, Kentucky, is D. Spence National Defense Authorization ery, 2006 (Public Law 109–234), which provided hereby increased by $17,300,000. Act for Fiscal Year 2001 (as enacted into law $1,000,000 to the United States Institute of (b) INCREASE IN AMOUNT FOR CONSTRUCTION by Public Law 106–398; 50 U.S.C. 2301 note) is Peace for activities in support of the Iraq OF MUNITIONS DEMILITARIZATION FACILITY, amended by striking ‘‘June 30, 2007’’ and in- Study Group. PUEBLO CHEMICAL ACTIVITY, COLORADO.—The serting ‘‘November 30, 2008’’. (5) The Iraq Study Group consulted nearly amount authorized to be appropriated by (b) COORDINATION OF WORK WITH DEPART- 200 leading officials and experts, including section 2403(13) for the construction of incre- MENT OF HOMELAND SECURITY.—Section 1404 the senior members of the Government of ment 9 of a munitions demilitarization facil- of such Act is amended by adding at the end Iraq, the United States Government, and key ity at Pueblo Chemical Activity, Colorado, is the following new subsection: coalition partners and received advice from hereby increased by $32,000,000. ‘‘(c) COORDINATION WITH DEPARTMENT OF more than 50 distinguished scholars and ex- (c) OFFSET.—The total amount authorized HOMELAND SECURITY.—The Commission and perts from a variety of fields who conducted to be appropriated by this Act (excluding the the Secretary of Homeland Security shall working groups in the areas of economy and amounts authorized to be appropriated by jointly ensure that the work of the Commis- paragraphs (13) and (14) of section 2403, as reconstruction, military and security, polit- sion with respect to electromagnetic pulse ical development, and the strategic environ- amended by subsections (b) and (a), respec- attack on electricity infrastructure, and pro- tively) is hereby reduced by $49,300,000, with ment in Iraq and the Middle East. tection against such attack, is coordinated (6) While the Iraq Study Group rec- the amount of the reduction to be allocated with Department of Homeland Security ef- to amounts available for purposes other than ommended shifting the primary mission of forts on such matters.’’. United States military forces in Iraq from chemical demilitarization. (c) FUNDING FOR FISCAL YEAR 2008.—Of the (d) DEADLINE FOR DESTRUCTION OF CHEM- combat to training, and while the Iraq Study amounts authorized to be appropriated for Group described actions and conditions that ICAL AGENTS AND MUNITIONS STOCKPILE.— the Department of Defense by this division, (1) DEADLINE.—Notwithstanding any other could allow for a redeployment of troops not $5,600,000 may be available for the Commis- necessary for force protection out of Iraq by provision of law, the Department of Defense sion to Assess the Threat to the United shall complete work on the destruction of the first quarter of 2008, the Iraq Study States from Electromagnetic Pulse Attack Group did not set a fixed timetable for with- the entire United States stockpile of lethal during fiscal year 2008. chemical agents and munitions, including drawal and said it could support a short- term redeployment of United States combat those stored at Blue Grass Army Depot, Ken- SA 2063. Mr. SALAZAR (for himself, tucky, and Pueblo Chemical Depot, Colo- forces, complemented by comprehensive po- rado, by the deadline established by the Mr. ALEXANDER, Mr. PRYOR, Mr. BEN- litical, economic, and diplomatic efforts, to Chemical Weapons Convention, and in no cir- NETT, Mr. CASEY, Mr. GREGG, Mrs. LIN- stabilize Baghdad or to speed up the mission cumstances later than December 31, 2017. COLN, Mr. SUNUNU, Mr. DOMENICI, Ms. of training and equipping Iraqis if the United (2) REPORT.— COLLINS, Mr. NELSON of Florida, Ms. States commander in Iraq determines that (A) IN GENERAL.—Not later than December LANDRIEU, and Mrs. MCCASKILL) sub- such steps would be effective. 31, 2007, and every 180 days thereafter, the mitted an amendment intended to be (7) The report of the Iraq Study Group in- Secretary of Defense shall submit to the par- cludes a letter from the co-chairs of the Iraq proposed by him to the bill H.R. 1585, Study Group, James A. Baker, III and Lee H. ties described in paragraph (2) a report on to authorize appropriations for fiscal the progress of the Department of Defense Hamilton, which states, ‘‘Our political lead- toward compliance with this subsection. year 2008 for military activities of the ers must build a bipartisan approach to bring (B) PARTIES RECEIVING REPORT.—The par- Department of Defense, for military a responsible conclusion to what is now a ties referred to in paragraph (1) are the construction, and for defense activities lengthy and costly war. Our country deserves Speaker of the House of the Representatives, of the Department of Energy, to pre- a debate that prizes substance over rhetoric, the Majority and Minority Leaders of the scribe military personnel strengths for and a policy that is adequately funded and House of Representatives, the Majority and such fiscal year, and for other pur- sustainable. The President and Congress Minority Leaders of the Senate, and the con- must work together. Our leaders must be poses; which was ordered to lie on the candid and forthright with the American gressional defense committees. table; as follows: (C) CONTENT.—Each report submitted people in order to win their support.’’ under subparagraph (A) shall include the up- At the end of title XV, add the following: (8) The Republicans and Democrats who dated and projected annual funding levels Subtitle D—Implementation of Iraq Study comprised the Iraq Study Group reached necessary to achieve full compliance with Group Recommendations compromise and consensus and unanimously this subsection. The projected funding levels SEC. 1541. SHORT TITLE. concluded that their recommendations offer for each report shall include a detailed ac- This subtitle may be cited as the ‘‘Iraq a new way forward for the United States in counting of the complete life-cycle costs for Study Group Recommendations Implementa- Iraq and the region, and are comprehensive each of the chemical disposal projects. tion Act of 2007’’. and need to be implemented in a coordinated (3) CHEMICAL WEAPONS CONVENTION DE- SEC. 1542. FINDINGS. fashion. FINED.—In this subsection, the term ‘‘Chem- Congress makes the following findings: SEC. 1543. SENSE OF CONGRESS ON IMPLEMEN- ical Weapons Convention’’ means the Con- (1) On March 15, 2006, the Iraq Study Group TATION OF IRAQ STUDY GROUP REC- vention on the Prohibition of Development, was created at the request of a bipartisan OMMENDATIONS. Production, Stockpiling and Use of Chemical group of members of Congress. It is the sense of Congress that the Presi- Weapons and on Their Destruction, with an- (2) The United States Institute of Peace nexes, done at Paris, January 13, 1993, and was designated as the facilitating organiza- dent and Congress should agree that the way entered into force April 29, 1997 (T. Doc. 103- tion for the Iraq Study Group with the sup- forward in Iraq is to implement the com- 21). port of the Center for the Study of the Presi- prehensive set of recommendations of the (4) APPLICABILITY; RULE OF CONSTRUCTION.— dency, the Center for Strategic and Inter- Iraq Study Group, particularly those specifi- This subsection shall apply to fiscal year national Studies, and the James A. Baker III cally described in this Act, and the President 2008 and each fiscal year thereafter, and shall Institute for Public Policy at Rice Univer- should formulate a comprehensive plan to do not be modified or repealed by implication. sity. so.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8962 CONGRESSIONAL RECORD — SENATE July 10, 2007 SEC. 1544. SENSE OF CONGRESS ON DIPLOMATIC shall reduce its political, military, or eco- (1) transfers the Iraqi National Police to EFFORTS IN IRAQ. nomic support for the Government of Iraq; the Ministry of Defense, where the police It is the sense of Congress that, consistent (19) make clear that the United States commando units will become part of the new with the recommendations of the Iraq Study Government does not seek to establish per- Iraqi Army; Group, the United States Government manent military bases in Iraq; (2) transfers the Iraqi Border Police to the should— (20) restate that the United States Govern- Ministry of Defense, which would have total (1) establish a ‘‘New Diplomatic Offensive’’ ment does not seek to control the oil re- responsibility for border control and exter- to deal with the problems of Iraq and of the sources of Iraq; nal security; region; (21) make active efforts to engage all par- (3) establishes greater responsibility for (2) support the unity and territorial integ- ties in Iraq, with the exception of al Qaeda; the Iraqi Police Service to conduct criminal rity of Iraq; (22) encourage dialogue between sectarian investigations and expands its cooperation (3) encourage other countries in the region communities and press religious leaders in- with other elements in the judicial system in to stop the destabilizing interventions and side and outside of Iraq to speak out on be- Iraq in order to better control crime and pro- actions of Iraq’s neighbors; half of peace and reconciliation; tect Iraqi civilians; (4) secure the borders of Iraq, including (23) support the presence of neutral inter- (4) establishes a process of organizational through the use of joint patrols with neigh- national experts as advisors to the Govern- transformation, including efforts to expand boring countries; ment of Iraq on the processes of disar- the capability and reach of the current (5) prevent the expansion of the instability mament, demobilization, and reintegration major crime unit, to exert more authority and conflict beyond the borders of Iraq; of militias and other armed groups not under over local police forces, and to give sole au- (6) promote economic assistance, com- the control of the Government of Iraq; and thority to the Ministry of the Interior to pay merce, trade, political support, and, if pos- (24) ensure that reconstruction efforts in police salaries and disburse financial support sible, military assistance for the Govern- Iraq consist of great involvement by and to local police; ment of Iraq from non-neighboring Muslim with international partners that actively (5) proceeds with efforts to identify, reg- nations; participate in the design and construction of ister, and control the Facilities Protection (7) energize the governments of other countries to support national political reconcili- projects. Service; ation in Iraq; SEC. 1545. STATEMENT OF POLICY ON SECURITY (6) directs the Department of Defense to (8) encourage the governments of other AND MILITARY FORCES. continue its mission to train Iraqi National countries to validate the legitimate sov- It shall be the policy of the United States Police and the Iraqi Border Police, which ereignty of Iraq by resuming diplomatic re- to formulate and implement with the Gov- shall be placed within the Iraqi Ministry of lations, where appropriate, and reestab- ernment of Iraq a plan, consistent with the Defense; lishing embassies in Baghdad; recommendations of the Iraq Study Group, (7) directs the Department of Justice to (9) assist the Government of Iraq in estab- that— proceed with the mission of training the po- lishing active working embassies in key cap- (1) gives the highest priority to the train- lice forces remaining under the Ministry of itals in the region; ing, equipping, advising, and support for se- the Interior; (10) help the Government of Iraq reach a curity and military forces in Iraq and to sup- (8) provides for funds from the Government mutually acceptable agreement on the fu- porting counterterrorism operations in Iraq; of Iraq to expand and upgrade communica- ture of Kirkuk; and tions equipment and motor vehicles for the (11) assist the Government of Iraq in (2) supports the providing of more and bet- Iraqi Police Service; achieving certain security, political, and ter equipment for the Iraqi Army by encour- (9) directs the Attorney General to lead the economic milestones, including better per- aging the Government of Iraq to accelerate work of organizational transformation in the formance on issues such as national rec- its requests under the Foreign Military Sales Ministry of the Interior and creates a stra- onciliation, equitable distribution of oil rev- program and, as United States combat bri- tegic plan and standard administrative pro- enues, and the dismantling of militias; gades redeploy from Iraq, provides for the cedures, codes of conduct, and operational (12) encourage the holding of a meeting or transfer of certain United States military measures for Iraqis; and conference in Baghdad, supported by the equipment to Iraqi forces. (10) directs the Attorney General to estab- United States and the Government of Iraq, of SEC. 1546. STATEMENT OF POLICY ON STRENGTH- lish courts, train judges, prosecutors, and in- the Organization of the Islamic Conference ENING THE UNITED STATES MILI- vestigators, and create strongly supported or the Arab League, both to assist the Gov- TARY. and funded institutions and practices in Iraq ernment of Iraq in promoting national rec- It shall be the policy of the United States to fight corruption. to formulate and implement a plan, con- onciliation in Iraq and to reestablish their SEC. 1548. STATEMENT OF POLICY ON OIL SEC- diplomatic presence in Iraq; sistent with the recommendations of the TOR IN IRAQ. (13) seek the creation of the Iraq Inter- Iraq Study Group, that— national Support Group to assist Iraq in (1) directs the Secretary of Defense to It shall be the policy of the United States ways the Government of Iraq would desire, build healthy relations between the civilian to formulate and implement with the Gov- attempting to strengthen Iraq’s sovereignty; and military sectors, by creating an environ- ernment of Iraq a plan, consistent with the (14) engage directly with the Governments ment where senior military leaders feel free recommendations of the Iraq Study Group, of Iran and Syria in order to obtain their to offer independent advice to the civilian that— commitment to constructive policies toward leadership of the United States Government; (1) provides technical assistance in draft- Iraq and other regional issues; (2) emphasizes training and education pro- ing legislation to implement the February (15) provide additional political, economic, grams for the forces that have returned to 27, 2007, agreement by Iraq’s Council of Min- and military support for Afghanistan includ- the United States in order to restore the isters on principles for the equitable sharing ing resources that might become available as United States Armed Forces to a high level of oil resources and revenues; United States combat forces are redeployed of readiness for global contingencies; (2) encourages the Government of Iraq to from Iraq; (3) provides sufficient funds to restore accelerate contracting for the comprehen- (16) remain in contact with the Iraqi lead- military equipment to full functionality sive oil well work-overs in the southern ership, conveying the clear message that over the next 5 years; and fields needed to increase oil production, there must be action by the Government of (4) assesses the full future budgetary im- while ensuring that the United States no Iraq to make substantial progress toward the pact of the war in Iraq and its potential im- longer funds such infrastructure projects; achievement of the milestones described in pact on— (3) supports the Iraqi military and private section 1551, and conveying in as much detail (A) the future readiness of United States security forces in their efforts to protect oil as possible the substance of these exchanges military forces; infrastructure and contractors; in order to keep the American people, the (B) the ability of the United States Armed (4) implements metering at both ends of Iraqi people, and the people of countries in Forces to recruit and retain high-quality the oil supply line to immediately improve the region well informed of progress in these personnel; accountability in the oil sector; areas; (C) needed investments in military pro- (5) in conjunction with the International (17) make clear the willingness of the curement and in research and development; Monetary Fund, encourages the Government United States Government to continue train- and of Iraq to reduce subsidies in the energy sec- ing, assistance, and support for Iraq’s secu- (D) the budgets of other Federal agencies tor; rity forces, and to continue political, mili- involved in the stability and reconstruction (6) encourages investment in Iraq’s oil sec- tary, and economic support for the Govern- effort in Iraq. tor by the international community and by ment of Iraq until Iraq becomes more capa- SEC. 1547. STATEMENT OF POLICY ON POLICE international energy companies; ble of governing, defending, and sustaining AND CRIMINAL JUSTICE IN IRAQ. (7) assists Iraqi leaders to reorganize the itself; It shall be the policy of the United States national oil industry as a commercial enter- (18) make clear that, should the Govern- to formulate and implement with the Gov- prise, in order to enhance efficiency, trans- ment of Iraq not make substantial progress ernment of Iraq a plan, consistent with the parency, and accountability; toward the achievement of the milestones recommendations of the Iraq Study Group, (8) encourages the Government of Iraq to described in section 1551, the United States that— post all oil contracts, volumes, and prices on

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8963 the Internet so that Iraqis and outside ob- SEC. 1551. CONDITIONS FOR CONTINUED UNITED personnel strengths for such fiscal servers can track exports and export reve- STATES SUPPORT IN IRAQ. year, and for other purposes; which was (a) IN GENERAL.—It shall be the policy of nues; ordered to lie on the table; as follows: (9) supports the efforts of the World Bank the United States to condition continued to ensure that best practices are used in con- United States political, military and eco- Strike section 1023. tracting; and nomic support for Iraq upon the demonstra- f tion by the Government of Iraq of sufficient (10) provides technical assistance to the AUTHORITY FOR COMMITTEES TO Ministry of Oil for enhancing maintenance, political will and the making of substantial improving the payments process, managing progress toward achieving the milestones de- MEET cash flows, improving contracting and audit- scribed in subsection (b), and to base the de- AD HOC SUBCOMMITTEE ON DISASTER RECOVERY ing, and updating professional training pro- cision to transfer command and control over Mr. AKAKA. Mr. President, I ask Iraqi security forces units from the United grams for management and technical per- unanimous consent that the Ad Hoc sonnel. States to Iraq in part upon such factors. (b) MILESTONES.—The milestones referred Subcommittee on Disaster Recovery of SEC. 1549. STATEMENT OF POLICY ON IMPROV- to in subsection (a) are the following: the Committee on Homeland Security ING ASSISTANCE PROGRAMS IN IRAQ. (1) Promptly establishing a fair process for and Governmental Affairs be author- considering amendments to the constitution It shall be the policy of the United States ized to meet on Tuesday, July 10, 2007, of Iraq that promote lasting national rec- to formulate and implement a plan, con- at 10 a.m. in order to conduct a hearing onciliation in Iraq. sistent with the recommendations of the titled ‘‘FEMA’s Project Worksheets: (2) Enacting legislation or establishing Iraq Study Group, that— addressing a prominent obstacle to the other mechanisms to revise the de- (1) provides for the United States to take Baathification laws in Iraq to encourage the gulf coast rebuilding.’’ the lead in funding assistance requests from employment in the Government of Iraq of The PRESIDING OFFICER. Without the United Nations High Commissioner for qualified professionals, irrespective of ethnic objection, it is so ordered. Refugees and other humanitarian agencies; or political affiliation, including ex- (2) creates a new Senior Advisor for Eco- COMMITTEE ON HEALTH, EDUCATION, LABOR, Baathists who were not leading figures of the nomic Reconstruction in Iraq reporting to AND PENSIONS Saddam Hussein regime. the President, with the authority to bring Mr. AKAKA. Mr. President, I ask (3) Enacting legislation or establishing interagency unity of effort to the policy, unanimous consent that the Com- other binding mechanisms to ensure the budget, and implementation of economic re- mittee on Health, Education, Labor, sharing of all Iraqi oil revenues among all construction programs in Iraq and the au- segments of Iraqi society in an equitable and Pensions be authorized to hold a thority to serve as the principal point of con- manner. hearing on community services and tact with United States partners in the over- (4) Holding free and fair provincial elec- supports for people with disabilities all reconstruction effort; tions in Iraq at the earliest date practicable. (3) gives the chief of mission in Iraq the au- during the session of the Senate on (5) Enacting legislation or establishing thority to spend significant funds through a Tuesday, July 10, 2007, at 10 a.m. in other mechanisms to ensure the rights of program structured along the lines of the room 106 of the Dirksen Senate office women and the rights of all minority com- Commander’s Emergency Response Program, building. munities in Iraq are protected. with the authority to rescind funding from The PRESIDING OFFICER. Without programs and projects— SEC. 1552. SENSE OF CONGRESS ON REDEPLOY- MENT OF UNITED STATES FORCES objection, it is so ordered. (A) in which the Government of Iraq is not FROM IRAQ. SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT demonstrating effective partnership; or It is the sense of Congress that— MANAGEMENT, THE FEDERAL WORKFORCE, (B) that do not demonstrate substantial (1) with the implementation of the policies AND THE DISTRICT OF COLUMBIA progress toward achievement of the mile- specified in sections 1545 through 1551 and Mr. AKAKA. Mr. President, I ask stones described in section 1551; the engagement in the increased diplomatic (4) authorizes and implements a more flexi- unanimous consent that the Com- efforts specified in section 1544, and as addi- mittee on Homeland Security and Gov- ble security assistance program for Iraq, tional Iraqi brigades are being deployed, and breaking down the barriers to effective subject to unexpected developments in the ernmental Affairs’ Subcommittee on interagency cooperation; and security situation on the ground, all United Oversight of Government Management, (5) grants authority to merge United States combat brigades not necessary for the Federal Workforce, and the Dis- States assistance with assistance from inter- force protection could be redeployed from trict of Columbia be authorized to national donors and Iraqi participants for Iraq by the first quarter of 2008, except for meet on Tuesday, July 10, 2007, at 2:30 the purpose of carrying out joint assistance those that are essential for— projects. p.m. in order to conduct a hearing enti- (A) protecting United States and coalition tled, ‘‘From Warehouse to Warfighter: SEC. 1550. STATEMENT OF POLICY ON BUDGET personnel and infrastructure; an update on supply chain management PREPARATION, PRESENTATION, AND (B) training, equipping, and advising Iraqi REVIEW. forces; at DoD.’’ It shall be the policy of the United States (C) conducting targeted counterterrorism The PRESIDING OFFICER. Without to formulate and implement a plan, con- operations; objection, it is so ordered. sistent with the recommendations of the (D) search and rescue; and SUBCOMMITTEE ON TRANSPORTATION SAFETY, Iraq Study Group, that— (E) rapid reaction and special operations; INFRASTRUCTURE SECURITY, AND WATER (1) directs the President to include the and QUALITY costs for the war in Iraq in the annual budg- (2) the redeployment should be imple- Mr. AKAKA. Mr. President, I ask et request; mented as part of a comprehensive diplo- (2) directs the Secretary of State, the Sec- unanimous consent that the Sub- matic, political, and economic strategy that committee on Transportation Safety, retary of Defense, and the Director of Na- includes sustained engagement with Iraq’s tional Intelligence to provide United States neighbors and the international community Infrastructure Security, and Water military and civilian personnel in Iraq the for the purpose of working collectively to Quality be authorized to meet during highest possible priority in obtaining profes- bring stability to Iraq. the session of the Senate on Tuesday, sional language proficiency and cultural SEC. 1553. REPORT ON POLICY IMPLEMENTA- July 10, 2007, at 10 a.m. in room 406 of training; TION. the Dirksen Senate Office Building in (3) directs the United States Government Not later than 90 days after the date of the order to conduct a hearing entitled, to provide for long-term training for Federal enactment of this Act, and every 90 days ‘‘Lessons Learned from Chemical Safe- agencies that participate in complex sta- thereafter, the President shall submit to bility operations like those in Iraq and Af- Congress a report on the actions that have ty Board (CSB) Investigations includ- ghanistan; been taken to implement the policies speci- ing Texas City, TX.’’ (4) creates training for United States Gov- fied in sections 1544 through 1551. The PRESIDING OFFICER. Without ernment personnel to carry out civilian objection, it is so ordered. tasks associated with complex stability op- SA 2064. Mr. GRAHAM (for himself f erations; and and Mr. KYL) submitted an amendment (5) directs the Director of National Intel- intended to be proposed by him to the PRIVILEGES OF THE FLOOR ligence and the Secretary of Defense to de- bill H.R. 1585, to authorize appropria- Mr. GRAHAM. Mr. President, I ask vote greater analytic resources to under- tions for fiscal year 2008 for military unanimous consent that Senator standing the threats and sources of violence in Iraq and institute immediate changes in activities of the Department of De- MCCAIN’s legislative fellow, Navy LTC the collection of data and violence and the fense, for military construction, and Fitzhugh Lee, be granted floor privi- sources of violence to provide a more accu- for defense activities of the Depart- leges during the first session of the rate picture of events on the ground in Iraq. ment of Energy, to prescribe military 110th Congress.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8964 CONGRESSIONAL RECORD — SENATE July 10, 2007 The PRESIDING OFFICER. Without Mr. Smith, Mr. Bunning, Mr. Crapo, Mr. Rob- Whereas Tom Lea excelled at painting por- objection, it is so ordered. erts and Mr. Ensign; traits for public buildings in Washington, Mr. AKAKA. Mr. President, I ask The Committee on Indian Affairs: Ms. Mur- D.C. and at capturing the likenesses of indi- unanimous consent that my Defense kowski, Mr. McCain, Mr. Coburn, Mr. viduals as diverse as Sam Rayburn, Benito Barrasso, Mr. Domenici, Mr. Smith and Mr. Juarez, Claire Chennault, Madame Chiang fellow, Mr. Rob Elliott, be given full Burr. Kai-shek, and the bullfighter Manolete; floor privileges for the remainder of f Whereas Tom Lea was honored with nu- the debate on the fiscal year 2008 De- merous awards, including the Navy Distin- fense authorization bill. HONORING TOM LEA guished Public Service Award, the United The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask States Marine Corps’ Colonel John W. objection, it is so ordered. unanimous consent that the Senate Thomason, Jr. Award, and the National Cow- boy and Western Heritage Museum’s Great Mr. LEAHY. Mr. President, I ask now proceed to the consideration of S. unanimous consent that Jill Westerners Award; Res. 267, which was submitted earlier Whereas the paintings of Tom Lea hang in Antonishak, a fellow in Senator HAR- today. the Oval Office of the White House, the KIN’s office, be granted floor privileges The PRESIDING OFFICER. The Smithsonian American Art Museum, the for the duration of consideration of clerk will report the resolution by United States Army Center for Military His- H.R. 1585, the National Defense Author- title. tory, the Dallas Museum of Art, the El Paso ization Act for 2008. The assistant legislative clerk read Museum of Art, the University of Texas at El The PRESIDING OFFICER. Without as follows: Paso, Texas A&M University, and the Uni- versity of Texas at Austin; objection, it is so ordered. A resolution (S. Res. 267) honoring the life Mr. SESSIONS. Mr. President, I ask Whereas Tom Lea enjoyed living on the of renowned painter and writer Tom Lea on east side of Mount Franklin in El Paso be- unanimous consent that Nicholas the 100th anniversary of his birth and com- cause it was the ‘‘side to see the day that is Greenway and Eugene Lipkin, interns mending the City of El Paso for recognizing coming, not the side to see the day that is in Senator WARNER’s office, be granted July 2007 as ‘‘Tom Lea Month.’’ gone’’; and floor privileges for the period July 10 There being no objection, the Senate Whereas Tom Lea lived on the east side of through August 3, 2007. proceeded to consider the resolution. Mount Franklin with his wife, Sarah, until The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask he died on January 29, 2001: Now, therefore, objection, it is so ordered. unanimous consent that the resolution be it Mr. REED. Madam President, I ask Resolved, That the Senate— be agreed to, the preamble be agreed (1) honors the life and accomplishments of unanimous consent that Mark to, and the motion to reconsider be laid Tom Lea on the 100th anniversary of his Paolicelli, a fellow on my staff, be upon the table. birth; and granted the privilege of the floor for The PRESIDING OFFICER. Without (2) commends the City of El Paso, Texas the duration of consideration of the fis- objection, it is so ordered. for recognizing July 2007 as ‘‘Tom Lea cal year 2008 Defense authorization The resolution (S. Res. 267) was Month’’. bill. agreed to. f The PRESIDING OFFICER. Without The preamble was agreed to. ORDERS FOR WEDNESDAY, JULY objection, it is so ordered. The resolution, with its preamble, 11, 2007 f reads as follows: Mr. DURBIN. Mr. President, I ask MAKING MINORITY PARTY S. RES. 267 unanimous consent that when the Sen- APPOINTMENTS Whereas Tom Lea was born on July 11, 1907 ate completes its business today, it in El Paso, Texas; stand adjourned until 9:30 a.m., Mr. DURBIN. Mr. President, I ask Whereas Tom Lea attended El Paso public unanimous consent that the Senate schools before continuing his education at Wednesday, July 11; that on Wednes- now proceed to the consideration of S. the Art Institute of Chicago and working as day, following the prayer and pledge, Res. 266, which was submitted earlier an apprentice to muralist John Warner Nor- the Journal of proceedings be approved today. ton; to date, the morning hour be deemed The PRESIDING OFFICER. The Whereas Tom Lea painted Texas Centen- expired, and the time for the two lead- clerk will report the resolution by nial murals at the Dallas State Fairgrounds ers be reserved for their use later in title. Hall of State in 1936; the day; that there then be a period of Whereas Tom Lea won many commissions morning business until 10:30 a.m., with The assistant legislative clerk read for murals from the Section of Fine Arts of as follows: the Department of the Treasury, including Senators permitted to speak therein A resolution (S. Res. 266) making minority commissions for ‘‘The Nesters’’ at the Ben- for up to 10 minutes, and the time party appointments for the 110th Congress. jamin Franklin Post Office in Washington, equally divided and controlled between There being no objection, the Senate D.C.; ‘‘Pass of the North’’ at the Federal the two leaders or their designees, with proceeded to consider the resolution. Courthouse in El Paso, Texas; ‘‘Stampede’’ the first half under the control of the at the Post Office in Odessa, Texas; majority and the final half under the Mr. DURBIN. Mr. President, I ask ‘‘Comancheros’’ at the Post Office in Sey- unanimous consent the resolution be control of the Republicans; that at mour, Texas; and ‘‘Back Home, April 1865’’ at 10:30, the Senate resume consideration agreed to, and the motion to reconsider the Post Office in Pleasant Hill, Missouri; be laid upon the table. Whereas Tom Lea was an accredited World of H.R. 1585, with the time until 11:30 The PRESIDING OFFICER. Without War II artist correspondent for Life maga- a.m. for debate only with respect to the objection, it is so ordered. zine who traveled over 100,000 miles with motion to invoke cloture on Webb The resolution (S. Res. 266) was United States military forces and reported amendment No. 2012, with the time agreed to, as follows: from places such as the North Atlantic, equally divided and controlled between China, and on board the Hornet in the South the chair and ranking member of the S. RES. 266 Pacific; Armed Services Committee, or their Resolved, That the following be the minor- Whereas Tom Lea landed with the First designees; with the 20 minutes imme- ity membership on the following committees Marines at Peleliu; for the remainder of the 110th Congress, or Whereas many of the war paintings of Tom diately prior to 11:30 a.m. equally di- until their successors are appointed: Lea are displayed at the United States Army vided between the two leaders, with the The Committee on Energy and Natural Re- Center for Military History in Washington, majority leader controlling the final 10 sources: Mr. Domenici, Mr. Craig, Ms. Mur- D.C. and others have been loaned to exhibi- minutes; that at 11:30 a.m, without fur- kowski, Mr. Burr, Mr. DeMint, Mr. Corker, tions worldwide; ther intervening action or debate, the Mr. Barrasso, Mr. Sessions, Mr. Smith, Mr. Whereas Texas A&M University Press Senate proceed to vote on the motion Bunning, and Mr. Martinez; plans to publish the war diaries of Tom Lea to invoke cloture on the Webb amend- The Committee on Environment and Pub- in 2008; ment; further, that Members have until lic Works: Mr. Inhofe, Mr. Warner, Mr. Whereas Tom Lea wrote and illustrated 4 Voinovich, Mr. Isakson, Mr. Vitter, Mr. novels and 2 nonfiction works, including The 10:30 a.m. to file any germane second- Barrasso, Mr. Craig, Mr. Alexander and Mr. Brave Bulls (1948) and The Wonderful Coun- degree amendments to the Webb Bond; try (1952), both of which were adapted as amendment. The Committee on Finance: Mr. Grassley, screenplays for motion pictures, and a 2-vol- The PRESIDING OFFICER. Without Mr. Hatch, Mr. Lott, Ms. Snowe, Mr. Kyl, ume annotated history of the King Ranch; objection, it is so ordered.

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE July 10, 2007 CONGRESSIONAL RECORD — SENATE S8965 ADJOURNMENT UNTIL 9:30 A.M. the Senate today, I now ask unanimous There being no objection, the Senate, TOMORROW consent that the Senate stand ad- at 7:26 p.m., adjourned until Wednes- Mr. DURBIN. Mr. President, if there journed under the previous order. day, July 11, 2007, at 9:30 a.m. is no further business to come before

VerDate Aug 31 2005 04:29 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S10JY7.REC S10JY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE